This is another portion of the sworn deposition of the victim, copied and pasted directly from the deposition.
The person asking the questions is the defense attorney. Later on the prosecutor asked a couple of questions. I am not even going to comment on this sworn deposition. What I will say is that the defense attorney should have been all over her with it at trial.
Q Okay. All right. Now, let’s talk about the meeting at your house where she had pictures.
Q Do you remember around the time that was?
Q Okay. And was that the first set of pictures she showed you?
A I don’t know.
Q Do you recall prior to — do you recall prior to them — to them, I’m sorry, her ever showing you any photos?
A I don’t remember because I don’t remember the exact order of events.
Prosecutor asking this question: Can I ask a question? Did you look at more than one set of photos?
Prosecutor: Okay. So, the — and by set of photos, like a set of six photos?
Prosecutor: Okay. So there was more than one time –
A Well, now I don’t remember. I remember seeing one specifically with all black males wearing bifocals and I don’t remember if it was from that one, she asked — she asked me several questions like; skin tone, the frame of the glasses, the shape of his nose. Those were all things that I saw. I don’t remember if they were all the same set of pictures.
Prosecutor: Okay. And then after you had seen that set of pictures, were you at some point again asked to look at a different set of pictures?
A She had more than one page.
Defense attorney: Q She had more than one page with her at that time, at that meeting?
A I was either identifying for the nose and the skin tone or the bifocals, but there was more than one page, I thought. I don’t remember.
Q But you remember two —
A At one point she was showing me people and the others were guns.
A So I distinctly remember, those were separate times. The guns were at the courthouse and one of the specific sets of people were at my house.
Q One of the sets of people
A Yeah. If there were more, I don’t remember
Q Right. Do you remember this particular this set- this is a terrible copy, but do you remember this one?
A Uh-huh, yes.
Q Okay. And, um, this is one where you chose photo number two?
Q Okay. Now, and this was done on June 7th?
A I don’t remember the date.
Q Okay. It’s okay.
A It sounds about right.
Q It’s marked — these are your initials?
A Yes, ma’am.
Q Okay. Now we talked about two sets of photos one set was
A I remember one.
Q — of people?
A One was like that, another one was a different set of —
A — firearms?
Q Now the set with people, —
Q — was there another occasion where you were shown a different sets of photos?
A I don’t remember.
Q Okay. I just want to clarify that.
A I’m trying, but I don’t remember.
Q I understand. I understand. I just want to clarify that. I know we talked about two different sets, so…
A I know.
Q Okay. In this set you were able to make the i.d. based upon?
A I think the criteria she gave me was based on the nose, the bifocals and the skin tone, if not one of those three.
Q Uh-huh. Now, do the nose, skin tone and glasses match up with what you — the person that you remember seeing or is it the glasses that are —
A From that picture —
Q — similar?
A — it’s very hard to tell
Defense Attorney: Do you have a colored with you?
Prosecutor: No. I don’t have a colored copy. (there was never a colored copy)
Defense Attorney: Q All right. At some point you mentioned that you were shown a set of photos with guns?
Q Okay. Do you remember how many guns you were shown?
A Two to six.
Q And from that photo, you were able to choose the guns that looked closest to, I’m sorry, he gun that looked closest to the one you remember from that night?
Q Was that something that the Detective did?
Q Okay. You said that there was, um, when the Detective showed you these photos, you said one was, you remember seeing one set of photos at your home?
Q And another set of photos at the courthouse?
Q Can you tell me more about that?
A She had called me prior, maybe a few days I met her there with my boyfriend. We met her. She came out of, I don’t know what the room is and met us. We went over to a table sort of by the entrance. She just laid down a few photos. She said which one resembles closest to what I saw that night and I narrowed it down to I believe two or three. I couldn’t exactly pinpoint one because there were a few that were very similar.
Q And this was the photos of the guns?
Q Okay. So you weren’t able to identify one particular gun?
A No. I excluded a few.
A But there was at least two that were very similar and I said it could have been either.
I am going to stop here. I can’t take it anymore. This was the victim’s sworn deposition. There are so many inconsistencies. So many lies. She was only shown one photo of 2 guns taken from the cell phone of the guys that robbed my son. She is also trying to say that she was only shown one photo lineup. That’s because the detective showed her 2 photo lineups with my son as the only common denominator. And let’s not forget, she said that she could only see the eyes.
Also, when she said that she was able to exclude narrow it down to 2 or 3, she was really talking about the photos.
There are so many more discrepancies. However, my next post will be our defense attorney cross-examination at trial and what wasn’t cross-examined.