Appendix — Slater v. New Jersey

Supreme Court brief2011

Ask Donna

What actually matters in this document.

Text

VRE

THE

mi TPR I

OFFICE OF THE PUBLIC DEFENDER

CUMBERLAND TRIAL REGION

14 EAST COMMERCE STREET

BRIDGETON, NEW JERSEY 083

856) 453-1568

SUPERIOR COl

NEW JERSEY

LAW DIV. - CRIMINAI

UMBERLAND COUNT’

ROBERT LANE, and

CHRISTOPHER SLATI

Defendants.

IRDER GRANTING DEFENDANT’S MOTIO!

SUPRESS EVIDENCE

= + 4 ‘

© LLIIALUL' ici

nn defendant’s motion to suppress and the court

\aving considered the papers submitted, testimo1

presented, arguments of counsel and for good ca

hown: |

IT IS ON THIS 17 DAY OF JUNE , 2009

YRDERED that defendants’ motion to suppres:

evidence seized

rRANTED

FILED JUNE 18, 2(

SUPERIOR COURT

OF CUMBERLANI

,OUNTY

SUPERIOR COURT OF NEW JERSEY

COUNTY OF CUMBERLAND

LAW DIVISION -CRIMINAL PART

State of New Jersey ) Indictment No: 08-11-001055-I/A

) Term: July 2008

| ) Session: November 2008

Christopher D. Slater)

and Robert Lane

INDICTMENT

THE GRAND JURORS of the State of New

Jersey, for the County of Cumberland, upon thei

oaths, present that:

COUNT ONE

Possession Of A Controlled Dangerous' Substance:

Third Degree)

CHRISTOPHER D. SLATER and ROBERT LANE

on or about the 30th day of April 2008, in the City of

Millville in the County of Cumberland aforesaid, and

within the jurisdiction of this Court, did knowingly or

purposely possess a controlled dangerous substance, to

wit: Cocaine, contrary to the provisions of N.J.S.A.

2C:35-10(a\(1), and against the peace of this State, the

government and dignity of the same.

COUNT TWO

Possession Of A Controlled Dangerous Substance With

Intent To Distribute-Second Degree)

CHRISTOPHER D. SLATER and ROBERT LANE

on or about the 30th day of April 2008, in the City of

Millville in the County of Cumberland aforesaid, and

within the jurisdiction of this Court, did knowingly or

purposely posses a controlled dangerous substance, to

wit: Cocaine, in a quantity of one-half ounce or more,

including any adulterants or dilutants, with intent to

distribute same, contrary to the provisions of N.J.S.A.

2C:35-5(b)\(2), and against the peace of this State, the

government and dignity of the same.

COUNT THREI

ynspiracy - Second Degi

CRISTOPHER D. SLATER and ROBERT LAN

m or about the 30th day of April 2008, in the City of

Millville in the County of Cumberland aforesaid, an:

within the jurisdiction of this Court, did conspire v

each other to commit the crime of Possession of :

Controlled Dangerous Substance with Intent to

Distribute, to wit: Cocaine, in a quantity of ons

ounce or more, a crime of the second degree, in

violations of N.J.S.A. 2C:35-5(b)(2), contrary to tl

provisions of N.J.S.A. 2C:5-2(a)(1) and (2), and agai

the peace of this State, the government 1 dignit

:

e Same

tONALD J. CASELL

CUMBERLAND COl

PROSECUTOR

LLED NOVEMBE]

UPERIOR COURT

UMBERLAND COl

STATE OF NEW JERSE’

CRIMINAL DIVISION

CUMBERLAND COUNTY

IND NO. 08-11-1055-I/A

A.D. |

ol New Jersey A

Plaintiff TRANSCRIP

VS OF

Christopher Slate MOTION TO SEPARATE:

and Robert Lane ) MOTION TO SUPPRESS &

Defendant(s). ) MOTION TO DISMISS

lace: Cumberland Co. Courthou:

Broad and Fayette Street

Bridgeton, NJ 08302

April 8. Z009

BEFORE

The HONERABLE ROBERT P. BECKER

J.5.C

TRANSCRIPT ORDERED BY

CATHRYN E. WILSON, Assista1

APPEARANCES:

CATHRYN E. WILSON, Assistant Prosecuto)

Attorney on Behalf of the State of New Jersey

CHARLES SANDILOS, Assistant Deputy Publi

Defender

Attorney on Behalf of the Defendant Slater

THOMAS CONNELLY, ESQUIRE

Attorney on Behalf of the Defendant Lane

THE TYPE-RIGHT-ER

Carol H. Vendzules, AD/CT!

State of New Jersey, #268

Phone (856) 881-2422

Fax (856) 494-7806

Recording Operator

M. Rainear

INDEX

WITNESSES DIRECT CROSS REDIRECT

RECROSS

STATE

DET. HAROLD DUFFII

By- Ms. Wilson

By- Mr. Connelly

3y- Ms. Sandilo:

EXHIBITS [IDENTIFICATIO VIDENE

DEFENSE

D-1S Copy of Complaint

D-2S Copy of Complaint

Colloquy

THE COURT: All right. Let me call the matter then

of State vs. Christopher Slater and, let me make sure I ge

this right, Robert J. Lane, both under Indictment 08-11

1055. Counsel, your appearances, please.

MS. WILSON: Good afternoon, Your Hono!

Cathryn Wilson on behalf of the State.

MR. CONNELLY: Good afternoon, Your Hono:

Thomas Connelly on behalf of Christopher Slater.

MR. SANDILOS: Charles Sandilos for Robert Lane

THE COURT: Okay. I've been -- we're here today on

this matter. There's three Motions that have been filed.

One; Motion to Conduct Separate Trials. The other

a Motion to Dismiss the Indictment and the other for a

Motion to Suppress the evidence seized by law

enforcement.

I would like to hear the Motion to Suppress first

That's the one that's testimonial. And we'll go from ther

if everybody agrees.

MS. WILSON: Fine, Judge.

MR. CONNELLY: Yes, Your Honor. That's f

May I have a water at the counsel table, Judge?

THE COURT: Sure

—

COwoOOnN DW DWN

—

—

i

20

NIN RO

Cd KD

RO RO

in & ¢

26

COOnnuwd Wr

H. Duffield - Direct - Ms. Wilson

MR. CONNELLY: Thank you.

THE COURT: Okay. You are ready to proceed?

MS. WILSON: Yes, Judge, I am.

THE COURT: Sir, could you put your left hand on

the Bible there and raise your right hand?

DET. HAROLD DUFFIELD, JR., STATE’S WITNESS,

SWORN

THE COURT: Thank you, sir. Could I have your

full name?

THE WITNESS: Harold Duffield, Jr.

; THE COURT: Could you spell your last name for

me:

THE WITNESS: Duffield, D-U-F-F-I-E-L-D

THE COURT: Thank you, sir. Ms. Wilson?

MS. WILSON: Thank you.

DIRECT EXAMINATION BY MS. WILSON

Q. Officer, where do you work?

A. I work for the City of Millville Police

Department.

2. And how long have you worked for

Millville?

A. It'll be 12 years June 2.

(). And what is your present assignment in

Millville?

A. I'm assigned to the Narcotics Unit as a Detective

Q. How long have you been in Narcotics?

H. Duffield Direct - Ms. Wilson

A It's six years and four months.

Q. nd while you've been in Narcotics, have

you received any special training in narcotics?

A. Yes, I have. Other than the police academy, ye:

[ have.

Q And what did you learn in the police

academy about narcotics specifically?

, Sasicaliy, the identification. General things

about the possession of drugs, possession with intent,

the manufacturing and drug paraphernalia.

(). And were there certain types of drugs that

were shown to you?

A Yes.

Q). And you were shown how -- were you

shown how to identify --

MR. CONNELLY: Objection; leading

THE COURT: I'm sorry?

MR. CONNELLY: Leading; objection.

THE COURT: You've got ic stand up when you

make an objection.

MR. CONNELLY: I'm sorry. I object to the form

of the question as stated.

S. WILSON: Judge, it's background but I’]]

rephrase.

) ‘

Aiil

MR. CONNELLY: Sorry

[ EXAMINATION BY M

\ At the police

~ 43

> > noc n 1wuicsy

Lit LY pre S of an

Yes, | was

" Ane

a ANG

+44,

] LILY Cé

iv is

A «

11 1 \

lal

\ 7

an

Chrou mt

nLroite } Y) j tr }

‘ iT it i A A I

‘\

Ay

¥ Ail

? 4 Tr

. + &

ALA LA y \

i have six ot

\ ike me t

yy Yeah. You cal ju

uu attended on the record

Drugs for patrol officers, Top Gu naudibl

hool, DEA drug school, marijuana eradication throu

New Jersey State Police and cannabis indoor grov

Q And with specifically the marijua |

did you learn at those schools’

Basically, identification. Once again, the s1

her it be in raw form, burning form. How it's

Q Now, in your six years as a narcoti

tective, how many times do you estimate y:

ither raw marijuana or burned marijuana

Over 50 times

Y Now, have you recel

tective prostitution activity

No advaend training but experience «

Yes, that's part of -- actually, we're the Narcoti

Unit however, we do a lot of the street

Prostitution is included in that

q And how many

—_

BMI PRY RO RO AD

mam WN

H. Duffield - Direct

can you estimate for us

Between five and eight

Q. And whi it types of things do you

when you re doing a prostitution investigation?

A. It depends if you're looking for the johns |

actually trying to pick up the actual oaks

themselves.

Q. Now, 1n your training has there been spe

behaviors that you would observe ‘when you were looki

at different activity regarding prostitution?

A. Yes. As far as the johns attempting to ]

prostitutes.

MR. CONNELLY: ['‘m going to ob yect He testifir

: A :

there was no formal tr: uning 1n p rostitution detectio

MS. WILSON: He's t: alking : ibout his experien:

Judge. His training in the field.

MR. CONNELLY: You asked -- the questi

asked was, in your training.

THE COURT: Excuse me. Excuse me, sir. Wi

going to do this in an order. Listen, you object. You

your comment. She makes her comment.

When she's done, if you want to go again but

don't interrupt her while she's talking. We w

clear record; okay? Just calm down we’rt

H. Duffield Dire ct

i're going to be able to talk

MR. CONNELLY: Yes, ‘sit

MS. WILSON: Judge, for

question.

THE COURT: Does that sat

object to the rephrased question?

MR. CONNELLY: That's -

THE COURT: Okay. Go ahead

DIRECT EXAMINATION BY MS. WILSON

Q. In your experience conducting t] se five

eight prostitution investigations, is there certain behav

you have observed in the past regarding prostitutes

johns?

A Yes

Q. And what types of

in these types of experiences?

A. Some of the behav iors, as in this case. The b1

lights flashing as they drive by the prostitutes. The

prostitutes waving.

The johns honking their horns as they drive by

Driving by and pulling over right away . Stepping. W:

Q Ok: iy. Now, I want to turn your atte wine |

April 30 of 2008. Do you recall if you were working o1

oa <

~

a =

me

— Bi

ne

+ —~

~~ Sa

=

—_— ~~

~ 7 )

J -

aa COS

~~

aon

f

onl aol =

- ~~

Oa s~

kee

ae

tn eet

CL us

. —

A

‘ (, uo

—— 4

- nee -

4 +/

- >

oe, -

. +

/ oo i A

a , 1

—- a ~*~ ad

. > oa] >

—— - ms f

7 a

~~ 4

pmo MEL 2

oe ~~ _

+. >

© ee Gene — >

— me oe 2) >

-~ -_ 4

— é ~~ ¥« 7

——t — se en

~ * aT ..

“ —s

4 De a -

_ — of wt

— — et -

ew av’ md en pd —

— VY if ~~

me TU Corre v

14 Co —~

mY a. nae pt -

‘ 3 Nw

a + / b-

me " @ +

pa

~ aed pte

a et

bene oo

— 4/

~” ~/ A

- ~ r 4

~— eat

. potine

— + ‘4

4 ee... ~

< oe

— ° “

a og

" b

« dowd J

f

4 j

7 4 m™ rv = T

H. Duffi

at that time?

Yes. Yes, during the

mself as Robert Lane

Q. And this dt

urtroom ioe ay?

Yes, he is.

Q Can you p

wearing to the Court?

A slack male seated next to Mr. Sandilos. Bla

clothing, red and black sweatshirt that says Echo

Unlimited. He's actually seated to the left of Mr. Sar

THE COURT: May the record reflect that th:

tness has identified the Defendant, Robert Lane

Q. Now, when you were speaking with M

1e, was there anybody else in the car?

Yes

Q

ant W

Yes

O, And who w

Chnstopher Slater

Q And is he here

H. Duffie

es, he iS

Q And «

vhat he's wearing?

A At lack male qresst

Mr. Connelly.

ry. And where wa 12 SITTING in tne ve!

He was in the --

THE COURT: The record will reflect that t!

witness has identified Christopher Slater, Defendai

(

And where was he seated in the vehic!l

He was sitting in the front passenger seat

Q. Now, as you were speaking to the di

hat if anything did you notice at that time?

W hile speaking, attempting to find out w!

‘e doing, I smelle d an odor of raw m: irijuana

(

meg Slater

Q And is that something you smelled

a ee

a4 ha

Q. And at that time, the

\arijuana, what did you do?

At that time, [ asked Mr. Lane to step out of

Q And in the meantime while this is going |

iny other officers arrive on the scene?

4

Kh A

NM NI RO RY RO

UI & W AD e

‘on

H. Duffield - Direct - Ms. Wilson

Yes. An Officer Jason Vinzinski (phonetic) arriv:

“4 And what does Jason Vinzinski do?

A He's our neighborhood crime prevention unit. H

has a bicycle. They ride the bicycle.

Q. SO he was not in a car?

A No, ma'am.

Q. Okay. And can you describe before we go a

further; what were you wearing that night and what w

the other officers wearing?

A. I was in plain clothes. Exactly what I had on, I

can't tell you that. The other officers were in their bicy:

uniforms.

. Now, when you're wearing plain clothes

you have any kind of police identification on you?

A. My badge around my belt. I keep that visibly -- kee

that visible.

Q. Okay. And so when you -- you had asked Mr

Lane out of the car. Where was Mr. Slater at that time’

A. He was the passenger.

= 5 Now, did he remain in the car?

A Well actually, once I smelled it and had Robert

Lane step out, Officer Vinzinski was there maybe seco!

prior ris fe had Mr. Slater step out, also.

H. Duffield - Direct - Ms. Wilson

. Q. And at that time, what if anythin

happened?

A. Detective Farabella, Sergeant Farabella saw

bag -- two little baggies on the center console of the

vehicle, which is between the passenger and driver's si

’. Now, was that in plain view?

A. t was in Sergeant Farabella's plain view

It was nght on top of the console.

o So--

MR. CONNELLY: I'm going to object

going to object to his testimony and what

etective Sergeant Farabella was able to see

THE COURT: Yeah, it does sound like he

me. Sustained.

MS. WILSON: That's fine.

DIRECT EXAMINATION BY MS. WILSON

Q Now, as -- what if anything was for

car at that time?

A Two bags of crack cocaine

Q. And after the crack cocaine was located, o1

what you believed to be crack cocaine, what did you do a

that time? |

A. I ultimately recovered it from inside the vehicle

> w . —

placed Robert Lane under arrest. _

Q. And did you search him?

H. Duffie

Yes. I did. |

Q And what, if anythi

A He had $181 cash on * im

MS. WILSON: Okay. Judge, at this |

ve any further questions for the detective

THE COURT: Any cross?

MR. CONNELLY: Yes, Your Honor. Thank

-ROSS-EXAMINATION BY MR. CONNELLY

Q. Detective Duffield, you were here in court tl

last time this case was listed as a hearing. Is that nght?

A Yes

Q And do you recall me approaching you

while your attorney was present and asking if I coul

you a couple of que sstions?

A "es.

Q Do you recall that 1

long those lines the last time?

A I remember meeting with you, yes

Q. And your attorney told you

questions. “ that right?

\ No, I — belie ve she said that

Q Well, what's vour recollect

\ k |

Ci olloquy

MS. WILSON: Judge, I'm just going to object

cause this has nothing to do with the direct exan

THE COURT: Let me try to figure this out now

You're -- Mr. Connelly, you're saying that last time you

were in court, you asked the Prosecutor to s] peak wit!

detective?

MR. CONNELLY: That's correct

THE COURT: Okay. And th: at some how has

something to do with what occurred on the d: of t

search?

MR. CONNELLY: We wr: “ may You know, it n

have something to do with anot s) tion or appeal

this Motion.

Because I requested an opportunity to interview

detective while he was here the last time around and t

Prosecutor wouldn't permit that

MS. WILSON: Judge, can we approach

THE COURT: Yeah. Got me aso wie d

THE CLERK: Off the record or on”?

THE COURT: On.

4

Whereupon a sidebar discussion commenced at this tin

MS. WILSON: We were here. We went into a rot

nd if -- I told them it was up to them if they

WOOn DW HW NH ke

ee )

9)

Sidebar

THE COURT: Go ahead.

MS. WILSON: I'm sorry, Judge. He advised that hi

wanted to speak with him. I asked them if they had a

problem with it. They said fine, as long as you're there so |

said fine.

We all went into a room and that's when they said they

didn't want to answer any -- they started tb answer

questions but they didn't feel comfortable doing the

Motion in the room.

THE COURT: Okay.

MS. WILSON: And that's basically what happened

THE COURT: All right. I don't know why that had

to be off the record. If that's what happened, that's what

happened. You're shaking your head yes.

That's pretty much mwey h ened?

AR. CONNELLY: Well. except that counsel

instructed him not to discuss it and --

' THE COURT: Well, that's your testimony though

yut --

MR. CONNELLY: Right. I mean, I can put it ina

letter, too, but I wanted to get his version of it, too,

because he's an eyewitness to that.

THE COURT: But what does that have to do with

this Motion that I'm handling right now?

Sidebar

MR. CONNELLY: Not a lot but I think the

objection was to relevance.

THE COURT: Well, that's what she did. She said it

was -- that's what she objected to. That's exactly what she

objected to. Mr.--

y

MR. SANDILOS: I wasn't there so I don't know.

THE COURT: Okay. I just thought you — if you had

-- | wanted to make sure you didn't have a —you wanted --

MR. CONNELLY: While we're at sidebar, can I

(inaudible) Cassidy is reporting to court. The court has

(inaudible). The Prosecutor has a copy of it. The last time

we were here (inaudible).

MS. WILSON: Judge, again, I don't have a problem

with that. I just don't see -- I'm going to argue it's not

relevant. I don't think (inaudible).

THE COURT: Well, I don't -- you know, I don't

know anything about the report so --

MR. CONNELLY: Well, (inaudible) Cassidy was on

a scheduled vacation so I didn't want to burden the

Court with a postponement.

THE COURT: Okay.

MR. CONNELLY: So based on us having discussed

the report the last time and the Prosecutor's agreement

]

3

yp

—y

Owomonnuvi

i"

CON DW RW NR

Se)

a ere —

24

Sidebar

questions for (inaudible).

THE COURT: Oh. You just want the report —you

want the Court to review the report?

MR. CONNELLY: (inaudible).

THE COURT: You going to have any objection t

that, either of you?

MS. WILSON: I don't have an objection to that,

Judge. I would just object to its relevance to this

proceeding.

THE COURT: Okay. Again

MS. WILSON: (inaudible) when the time comes to

THE COURT: Okay, that's fine.

MS. WILSON: I don't have an objection to the

report being reviewed by the Court.

THE COURT: Okay.

MR. CONNELLY: Yeah, I can certainly provide

(inaudible) .

THE COURT: Okay. Again, what I'm trying to do is

keep things in logical order here; all right? So let's finish

as to what this officer can testify to about the incident on

- let me make sure my notes are -- April 30, 2008.

(Whereupon sidebar discussion concluded at this time)

H. Duffield - Cross - Mr. Connelly

CROSS-EXAMINATION BY MR. CONNELLY:

Detective, how far was -- when you initially

observed Mary Bowen allegedly walking towards the

Defendant's vehicle, how far was she from that vehicle?

A. Well, as she was walking I passed by her at least

once, maybe two times before I became stationary. So the

roadway, 20, 30 feet that I passed by. Do you want to

know when I was stationery how far she was from me?

My question was, how far was she from the

vehicle? You said that the vehicle

A. Oh, oh, oh.

). -- once it was parked and you decided that

this was a solicitation of prostitution in the works, how far

was the Defendant's vehicle from Mary Bowen?

A. Fifteen, twenty feet by the time we got behind

their vehicle. She was about 15, 20 feet away. .

Q. And by that, are you saying by the time you

parked you -- and you were driving the undercover

vehicle; nght?

A. Yes. |

Q. By the time you parked, she was already in

motion?

A. Yeah. We let her leave. Once they drove by, circled

around, drove by again and pulled in the lot,

WwOnNHAUDWN

26

H. Duffield - Cross - Mr. Connelly

amount of time as she got closer to the vehicle.

And that's when we left our spot and came around

and parked behind theirs.

So you were actually in motion yourself when

you observed the flashing of the brake lights, as you

mentioned?

A. No, no. No.

; Well, now I'm confused. Can you give --

explain this to me. Where are you parked? Or are you

stationary or are you parked when you observed the

flashing of the brake lights?

A. m stationary.

Okay. Where?

A. The 500 block of Columbia Avenue.

, How far are you at that point from the

Defendant's vehicle?

A. Oh, 50 yards maybe, 40 yards.

tow far is Mary Bowen from the

Defendant’s vehicle?

A. She was -- when we first saw her --

nA What -- at that point in time -- I'm trying to

freeze the frame right here. At that point in time when

you saw the brake lights flash, you said you were 30 yards

away.

A. From her, parked.

H. Duffield - Cross - Mr. Connelly

Q Parked on Columbia Avenue, you in your

car?

A. Correct. Parked from her.

Q. How far were you, okay, from the subject

vehicle’

A. Between 30 and 40, I -- 35 yards, I guess, or 40

yards.

9. Okay. Final question.

A 'm not understanding you. How far -- at that time

when they parked in that lot, you're asking me how far at

that time was | from, from their car? You're asking me --

No. My -- no. My question was when they -

aa yea brake lights on the subject vehicle were flashed -

f ‘kay.

a. -- as you call it

A Okay

, where were you? How far

A. Thirty yards.

a. __ =- from the subject vehicle?

A Thirty yards. | .

Q. -And were you in motion, you

No.

And then at that point in time when the

brake lights were flashing, how far was Marv Bowen from

the

1

2

3

4

>

6

7

8

)

10

—

—

NR Re Re ep pp

Ow ON DUB WW

NIN

No

NI NO

> W

WON DU & WP we

ee SS ly ee ~ Ae ewe

H. Duffield - Cross - Mr. Connelly

subject vehicle?

A. Well, she remained there. She remained ther

Q. Okay, fine. Wherever she is --

A. -- as they drove by.

herever she is, how far away is she from

the vehicle, the subject vehicle?

A. I don't know.

THE COURT: You got me confused now. You're ar

you talking about his vehicle or the black vehicle that

went by?

MR. CONNELLY: I'm talking -- I said subject

vehicle because I thought that would be shorthand but |

had been referring to the Defendant's vehicle.

- ] mean, I'll call it whatever you want. What do you want

me to call the vehicle that you eventually stopped, just so

it's clear? What do you want to call it?

THE COURT: Well, let's call it the subject vehicle

before the arrest, the Defendant's vehicle after the arrest

How about that?

MR. CONNELLY: Okay, sounds good.

CROSS-EXAMINATION BY MR. CONNELLY:

You testified just now about where you were

when the brake lights were flashing?

A. Correct.

———

H. Duffield - Cross - Mr. Connelly

Q. Okay. And then you told us where Mary

Bowen was with reference to the subject vehicle, at th:

time the brake lights were flashing.

Now, my question is how far was Mary Bowen from the

subject vehicle at the time the brake lights were flashed?

Were making a triangle here, one side of a triangle.

A. The width of a road is only 40 feet max. They wers

on the far side going south. Twenty feet.

A.

Q. Was she in motion or was she stationary?

She was stationary.

Now, you moved your vehicle after that point,

at some point; is that right?

A. At some point, yes.

@. When did you move the vehicle after you saw

the brake lights flash, your vehicle?

A. When it ultimately pulled into Morris View

Plaza parking lot and parked. And like I said, after a short

amount of time, as she started walking towards — in other

words, ones Vine Street onto the other corner or

Morris View Plaza parking lot.

As she started walking across Vine Street is when -- you

know, as she got within -- I don't know. By the time we

started moving, she was probably 25 feet away

H. Duffield - Cross - Mr. Connelly

Q. Okay. So at the point when you pull uy

behind the subject vehicle, she's 25 feet away?

A. She's about 10 or 15. We started moving when shi

was about 25 feet.

ki Okay. So when you actually pulled behind

them, she was about 15 -- 10, 15 feet?

A. Ten, fifteen feet, yeah. I'd say ten, fifteen feet

2: And what does she do when you pull up?

A. She stayed right there. She stopped. I mean,

Detective Hoydis went to her. I went up to the driver’:

window and spoke to Mr. Lane.

Q. Jkay. She basically -- what do you mean

she stopped? You Just -- did she see you?

A. Hid she? I'm sure all of them saw us. I mean, ws

yulled right behind the vehicle. She was right there.

‘heir car was right here.

Q. Okay. And so even though you unmarked

car, your recollection is that you were the police right

away, as soon up?

A. I don't know. were in an she realized as you pull:

Q). Well, you said she stopped; right?

A. Yeah, because Detective Hoydis, who is a detectiv:

went to her and what transpired there, I

H. Duffield - Cross - Mr. Connelly

don't know. Yeah, ultimately she stopped. I mean, w]

else? I don't know.

Q. So she stopped as soon as Detective Hoyd!

explain it

A All three were (inaudible) at the same tim:

Q). Simultaneously?

A Correct.

Q. As soon as you stopped your

A Yeah

Q). You jump out of the car?

A Correct.

Q. Okay. And at that point, she's 15 -- 10

feet away from the subject vehicle; Mary Bowen?

A. That's accurate, yes.

— ©. Now, let me go back for a second. You were

stationary when the subject vehicle first went by. Is that

“ght? ;

nght'

A Yes

). So you had a good Iook at the driver of t!

vehicle; didn't you?

A, No.

Q. Well, how far were they when you -- at t

closest gg from your car?

Oh. within feet. We were on the same side, thi

A

inside the vehicle a

Vutheld - Cr vir. Connel

»o why didn't you se¢ . the driver

n't know why | didn't see the driver

ae e bv. I didi

ta

al

N

)

\

(Corre CT

(). You testified a few minutes ago tl

a clear view of the vehicle “ the w:; Ly through t to

point when it's 30 yards away. Is that right? Wher

pulle d into the (inaudible)?

When the brake lights came on

b Didn't oe tently earlier that you h

1en the Prosecutor aske d you, ol the ven

As it drove by the female, ye:

Q And also when it pulled

That 1s correct

Q [sn't that n

That is correct

\ So vou had acl

ho was driving. Is that r testimol

H. Duftreld - Cross - Mr. Connel

ld not see who w padrytst ter Tha it

uldn't « ell if they

i, yliie

ICal aUit i

\) But you ad i!

In 1 Opinion of ti! ven

Q

veren 1 yous

4 No. That's my job. I do 40 hours a week. I \

plain clothes and I drive an unmarked vehicle 40

ie week

Do were we pretty much, we generate ou

work. We don't get assigned cases. We generat

type of work

( And

Z' iveéa bnef?

, No. If we do

Q A mission brief

23 operations, we do, ye:

24 q You do? Did you have one that

H. Duffield - Cross - Mr. Connelly

three of us

N} So you didn't have one that day?

A INO

Q. Okay. You said earlier that one of the signal

in your seven or eight arrests for prostitution, that some o!

the signals are hand waving or honking. Is that right?

A. Between the five on eight operations that we'v

conducted, several arrests during each operation, yes

Q. Okay. So excuse me. In the eight, tops

investigations you've done en prostitution

A Rcpatienn: yes.

(). Operations. Okay. But nobody honked in tI

case; did they?

A No, they did not.

NF Nobody waved?

A 0.

Q). Is it fair to say, the only indication that you

had that there was some sort of prostitution transaction

going on were that some brake lights would flash and the

subject vehicle pulled into a parking spot?

A. That would be fair to say. That was part of the

whole investigation, yes.

THE COURT: How close did Mary Bowen vet to

he

Hi. Duffield - Cross - Mr. Connelly

the vehicle when you pulled up behind the vehicle?

THE WITNESS: She was within 10 to 15 feet, Yo

Honor.

THE COURT: But she never got to speak to

anybody?

THE WITNESS: That's correct

CROSS-EXAMINATION BY MR. CONNELLY

4. Now, you said earlier and ultimately, |

objected to it. You can answer now. You said that there

were drugs found that were first observed by Detective

Sergeant Farabella in the center console of the vehicle?

A. On top of the center console, yes.

Q. What's the center console? What do you

describe that to me.

A. It's basically an armrest

"i An armrest?

That's correct.

(). And SO did you h ippen to notice whether

was a onag ip Spee or just

A No, I did not.

A

(). Okay. In your experience, is it typically a

compartment that opens up, as well as an armrest?

A Some are, some arent. | mean, some just fold up

» J

N W ¢ did not [ y VW ( (

Wh owas tne registered ownel

back to in Aaron Cavanaug!

sie adie ee registered

d drugs in it

To fur ther Seal

1 Dialn VIEW, |

YY An d 5

ipelia gave tne!

rrect? (inaudible

\ No. Detective Hoyd S DeCcauUSst

ruy that actual lly transported, with Officer Re¢ dden., |

ibjects back to the px lice st atior » Detective H

Q. Let me actually go back before |

to miss a point. I think it's in iportal

THE COURT: Sir, stop that, okay

MR CONNELLY Okay

S-EXAMINATION BY MR. CONNI]I

Q Did -- so you guys are in an un

i

nici There's three of vou in the vehicle. You 1

behind the subject vel if and M y B

It eet aw ay

Detective Serg

r Mary Bowen?

I believe it was Detective Hoyd

OY All nght. And then so you

if the vehicle and then Detect .

proaches tne passenger sid

t that shows ul

\ | don't know. Ther:

Officer Redden showed up to do

Ei ateelel « ye *.

Vinzinski showed up, w )

th one or two other guy

On bikes

tell] .* Wi

-you approached the

‘t vehicle?

\

t was afte!

' ™

LiicCu 7

1e conversat curred betwes

. UC

driver of t}

the odor «

= ¢

A 4 i |

in addition

re driving, at the tin

dered raw r

Yes

oY, And then how

es the marked police

I can't give you a

+ 4 —— |

+ : >

1?) ; '

‘ Nn al i

IAC it

ba . }

unit Show up for tral

+17

+

CONNE

ATD

riry

+

An Investigatory Stop, SUSDII wWhateve

That's the first issue. And then whether the c: n duct of the

officers thereafter, leading up to them ses laving thi

two individuals exit the vehicle and an officer see

yntraband in the vehicle

Whether that was reas

re we are on this Motion?

MR. CONNELLY: Prec

THE COURT: eg!

MR. CONNELLY: That's where I'm going

THE COURT: Well, so -- and then -- but the ps

who had it in their pocket doesn't matter becaust

iat ; wae be fruit of the enna tree because an arr

eady made

The time period we're talking about is 1

see the vehicle drve by, or the investigation of

prostitution, the vehicle drives by. It wasn't

vestigatory Stop

f I'm wrong, tell me. And then were the

orrect in lieu of everything, the totality of the

ircumstances, to have the

because apparently tl

couldn't see the narcotics in the vehicle until they

f the vehicle

W as 1t rl to have them come out, cet

le? And then you have plain view and th

Colloquy

irrest. And everything tl! at follows there:

part of this -- I can't see , part of this Suppression M

\m I wrong on that? If it's not, tell m«

MR. CONNELLY: You're absolutely right, Ju

Where I was going was, it's Defendant's position tha

fficer could not have detected marijuz ~ i

That was ultimately located in th 4. issenger sid

the vehicle in a plastic baggie, inside a

was worn by another indiv idual

That is a super human feat of olf

it it's just not --

THE COURT But which baffles the ¢

uite frankly, since you're bringing tha

seen smell raw marijuan:

To my estimation, raw manjuana is tough

ickKeTt pocket Lf

Ais LUUL TI ULLICs

you have a great amount and unless you're, you know

canine. But w ay you wouldn't search the vehicle. But

that's not to this Motion either

| have the s: ame question you jo but it h

I TT)

Li 4 a/la Aw il

o do -- | mean, if you're going to -- if the que stion

guess, whether the officer's testimony that he

marijuana was reasonable

Then J think it's proper to ask wher

discovered in that context

LAs, 4

STFi¢

H. Duffield Cross Conne

MR. CONNELLY: That's precisely my ]

‘HE COURT: Do vou disagree, Ms. Wil

MS WIL SON: No. ljudoe

THE COURT: Okay. So I'll

it reason then

ROSS-EXAMINATION BY MR. CONNELL"

Where was a marijuana recover

| 1e jacket pocket of Christopher Slate

\ And you said he was seated whet

nd said you smelled marijuana, he '

e passenger seat?

|

Yes, he was

Q And yi

if tis correct

$

4 ¢

\/ 5" 4

was tin

lf .

\/ It Was I i Vids

was a plastic b

a

was ultimately a plast

Q A Ziploc bag?

)

Without being able

« 1 } }

| a f

\ nt recal

Q {nd the pock

t lid lt have no |

a. rs } + +

i WN i j \ I

tC KNOW

THE COURT: Were

ijuana found or just ons

THE WITNESS: Just

THE COU RT. Onc

MR. CONNELLY: Ons

THE COURT: How

THE WITNESS

ts but it was quite a bit

THE COURT: Okay

1k WITNESS q

1

r ECOURT.:

{

art Later’

ui ee ‘ aggie?

. WITNESS: I believe it »

‘I

H

a quarter

TH

THE COURT Okay

THE WITNESS

Your Honor

THE COURT: All rng

rr

;*}

A

Correct. Um-hu

ny. And ae as K¢

S.WILSON: Judg

THE COURT: eres

MS. WILSON: Okay

MR. CONNELLY: I'm s

THE COURT: Go ahead. |

want to he vent question before s

MS. WILSON: That's f1

Mi CONNEI } }

dibility of the st: atements I

_- ;

THE COURT: | ihead. As}

MR. CONNELI The credibility of

and the ceanes © t the officer

idible) make to that

MR. CONNELLY: You asked about lrus

found in the coat pocket; didn't you, of Mr. S!

MS. WILSON: Judge, I'm going to object

it's a Miranda Motion and that's not while we

that's an issue, he can file an appropmate moti

But I think we're just here for the stop and v

is recovered as a result of the stop, not what hapy

r the stop

MR. CONNELLY: Judge, I'm goin

have the tapes. They're very short interv1

ked about the drugs that are in the pocket

He gets an explanation as to those dru

ket, my client's pocket th of ti

nts, both Defendants

T HE COURT. Yeah, bu

MR. CONNELLY: He d

> (7¢

SHUI DWN

> CO

Colloquy

those drugs.

That goes to the credibility of the statement that

the drugs are there in plain view. Because a diligent poli

officer is going to search the vehicle.

A diligent police officer is going to — when he has

opportunity, he's got the cat in the bag, as it were. He's

got the -- the Defendant's giving statements.

THE COURT: That maybe so but that doesn't

I mean they can't make the decision not to.

MR. CONNELLY: That's true but it's incredibl

is incredible.

THE COURT: He's already -- and he's already

answered the question that he didn't search the vehicl:

MR. CONNELLY: | understand, Judge

THE COURT: Okay.

MR. CONNELLY: But then my --

THE COURT: And the fact that he didn't ask about

the CDS on the console, which was not marijuana, has

nothing to do whether there was a smell out of that CDS

or not.

MR. CONNELLY: I agree but it had some a

I lot to do with whether their -- our position is that

I the drugs were not in plain view. They were not In

Colloquy

plain view on the console.

And here's the theory. The theory is they wert

in plain view. They were concealed in the vehicle and

that's why it wasn't an issue.

Because the vehicle came back to a difference

registered owner and they couldn't -- they knew that they

weren't going to be able to prove, unless they were going

to misstate the facts in some fashion.

That these drugs in the console were constructive

ossessed or actually possessed by one of the two

Jefendants in this case. It's -- it is critical evidence.

And if. it were true, they would have been asked

about the drugs in the console in the interview, which was

not done. Any officer with six years experience is going to

make that investigation.

And I agree, they would also search the vehicle but

I -- that is evidence that the statements that are in the

police report about the drugs being in plain view and that

the marijuana was smelled, is evidence.

THE COURT: I hear you but I don't under -- you'r:

going to have to explain to me again how that relates to

why -- to tell the Court that it was not in plain view

l

3

4

ir

ui

OV

WW 0 ~

2?

16

18

20

Colloquy

MR. CONNELLY: Because the officer, the only

reason that we -- the only way we know it's in plain

view is based on the statements of the detective and the

other officers that were there.

THE COURT: Right.

MR. CONNELLY: Okay. They're in the police

report. That's one statement that the officers made. They

stated that the drugs were in plain view on the center

console. He's reiterated that today, Judge.

My suggestion is that I'm trying to elicit evidence

now that undermines the credibility of that statement,

which I think is --

THE COURT: Ask the -- I'm going to allow the

question to be asked. I mean, go ahead. I just -- I'm

intrigued by how that has anything to do with it. Go

ahead, ask the question.

MR. CONNELLY: All right.

CROSS-EXAMINATION BY MR. CONNELLY:

Q. You didn't ask any questions of the

Defendants when you interviewed them back at the

station about the drugs that were found in the console;

did you?

A. Your Honor, I haven't had a chance to review the

-- | don't want to prematurely -- I don't know. I don't

remember the exact -- I don't have a transcript

Colloquy

in front of me for me to review. So I don't know

exactly what was asked and what wasn't asked.

Q. But you agree, if it's important enough to

put in a police report, it's probably important enough to

inquire of the alleged --

THE COURT: But he said he doesn't know so your

inquiry is over for this stage; okay? Without the statement

being here.

MR. CONNELLY: Well, I mean, all right. I'd like to

play the tapes.

THE COURT: Well, it has nothing I don't find it has

anything to do with whether this was a valid --

MR. CONNELLY: Well, I'll use it to refresh

recollection, Judge. I mean --

THE COURT: It has -- but it still has nothing to do

with whether they saw it in plain view or not.

MR. CONNELLY: Well, I disagree. Your Honor

wants -- that's fine.

THE COURT: You're saying if they didn't it -- the

reason they didn't see it in plain view is -- let's assume for

a minute the officer did not ask about -- him any questions

about who possessed or owned the drugs on the center

console; okay?

WomonHsnU & WN Re

56

Solloquy

doesn't make sense. There's two answers to that question.

THE COURT: All right. I understand what you're

Saying in that regard but again --

MR. CONNELLY: Either it's not true, which is

what I'm trying to show, or he's not very good at detecting

narcotics crimes or prostitution crimes.

I mean, either way it's damning evidence to the

State and that's wholly relevant.

MS. WILSON: Judge, this isn't even the officer

who's going to testify as to what he saw. That question

was objected to because he wasn't the actual officer who

observed in plain view the narcotics.

So that officer hasn't even testified yet so I don't

know where we get here.

THE COURT: I'm like, let's just stop this line. I'm

not going to allow this line of questioning. I just-- again,

you're talking about evidence that was Sunil.

I you have a question, Mr. Sandilos, ask it. I don't

mind. Straighten me out here. Straighten us out. Do you

have something to add?

MR. CONNELLY: I yield to Mr. Sandilos on this

I matter, if he does.

MR. SANDILOS: I think what he's trying to get

1

7

©

Colloquy

at, and I'm not going to be that much more eloquent about

this. But maybe he's trying to get at the fact that,

especially about the questions that were asked later on.

As to what -- as to the officer's ability to be lawfully

in the viewing area, to have seen what they had seen.

And especially with regard to the odor of raw

marijuana and I think that's where Mr. Connelly is trying

to go with this.

THE COURT: Yeah, I fully understand that.

MR. CONNELLY: That's not really it.

THE COURT: But how does it relate to the

evidence of -- I take it, it was cocaine or heroin or

whatever? I don't remember what it was.

MR. CONNELLY: The --

THE COURT: On the center console.

MR. CONNELLY: Because logically and based on

this officer's testimony about his training and experience

in detecting narcotics crimes.

A detective with that training and experience, if

given the opportunity to interview the suspects, would

ask about possession of the drugs that they're alleging

they possessed, in an interview and it just 1s not there.

1

2

3

4

>

6

7

8

’

Colloquy

THE COURT: But you're not saying they don't

exist. You're saying they exist. They were either found on

top or on bottom. So whether they asked about them or

not doesn't matter.

MR. CONNELLY: Right. But it impeaches -- my

view and the Defendant'-s view, it’s an impeachment of

this officer's credibility and the credibility of the officers

that state that they were in plain view.

- THE COURT: That he didn't ask the question at

all’

MR. CONNELLY: That no questions were asked

when an opportunity arose to ask the Defendants about

the drugs 1n the console or on the console. I mean, they're

talking a taped statement.

They asked about the drugs in the pocket and they

ot the answer. They got answers consistent from both

efendants.

They weren't asked about the drugs in the console.

What does that indicate to Your Honor? Does that make

sense?

THE COURT: It indicates --it may indicate that

they decided it was -- belonged to both of them. It

belonged to everybody in the car because everybody

saw it on the center console so it belonged to everybody.

59

Colloquy

That could be what they decided it means. It doesn't

mean anything to me that they didn't ask the question. It

means -- I get your issue about the baggie and whether

they could smell and whether they coat it.

I mean, you could take judicial notice — I could tak

judicial notice of whether you could or you couldn't, I

guess. I don't have an expert here.

I know that if you have a half -- 50 grams of

marijuana in a baggie sealed up, you're “an going to smel!]

it in the motor vehicle that's closed up. You're just going

to.

I mean, I went through the same training. It's just a

fact, you're going to smell it. I don't know whether he

aclied it that day or not. I have to go by, like you're

saying, the credibility of this officer. |

And that credibility goes to a lot of different issues,

like you're saying. You know, whether in fact they -- why

they didn't search the vehicle.

' But because they didn't ask questions about the

stuff that's in -- on the center eaaet

who owns it, I don't think makes a

e, if they didn't ask

1

2

3

4

>

6

7

8

9

60

Colloquy

Because they may have decided, may have decided

that it belonged te both of them. They both had it between

them. Both of them could see it. It's both, it's theirs; okay?

I just don't see the issue and it's too far, to my

mind, beyond where we are in this Motion.

MR. CONNELLY: I'm going to beat a dead horse,

Judge.

THE COURT: Okay.

MR. CONNELLY: Let me just respond just very

one sentence. One sentence.

THE COURT: Well, you're whipping it pretty good.

MR. CONNELLY: [ know. I know. I’know. It's

beyond dead. It's decomposing. If that were the case,

wouldn't they have asked the question of both and then

they've got them nailed on constructive possession?

THE COURT: I don't know. The point is, wouldn't

they -- I don't know.

MR. CONNELLY: Right.

THE COURT: That officer's not here, that I can -- to

tell you what -- I mean, I haven't heard that they -- that

the officer say he found it. This officer's saying he -- he's

the one that picked it up.

He’s saying after the other officer said, I

61

Colloquy

see it, he went and retrieved it from the location. Which I

think is as good as, except we might need the other officer

here to testify that he actually saw it.

MS. WILSON: And he's here, Judge.

MR. CONNELLY: Right. But he didn't interview

the Defendants. I mean, the officer that saw the drugs

in plain view didn't interview the Defendants.

THE COURT: And I just told you; I don't know that

that's going to make --

MR. CONNELLY: That's right. I understand.

THE COURT: -- a difference to the Court's

determination. Because there could be a plethora of

reasons why you wouldn't ask the question.

MR. CONNELLY: I just want it to be clear that |

THE COURT: Not -- none of them lead to the

conclusion, in my mind, of anything I believe that you told

me, that could lead me to the conclusion of well, the

officers were lying.

They really found it in the -- under the console

instead of on top of the console.

MR. CONNELLY: That's fine, Judge.

THE COURT: Okay?

MR. CONNELLY: And I would just like to note

WOON DU DW DN

Colloquy

the witness with extrinsic evidence and/or refresh his

recollection with the statements.

THE COURT: I[ understand.

MR. CONNELLY: Thank you.

THE COURT: Officer, let me ask you a question.

You see the vehicle pull into the parking lot; right?

THE WITNESS: Yes.

THE COURT: Brake lights are biinking before it

goes around the block; right?

THE WITNESS: Prior to, yes.

THE COURT: You stop the vehicle. You get you

don't even stop the vehicle. The vehicle was already

stopped.

THE WITNESS: Correct.

THE COURT: You got behind the vehicle?

THE WITNESS: Yes.

THE COURT: You walked up to the vehicle and you

asked him what he was doing and the gentleman said,

dropped my cell phone. I'm trying to find it.

Would not the fact that he dropped his cell phone

conceivably be a reason he's touching the brakes, reaching

for his cell phone if it's at his feet?

THE WITNESS: That would be reasonable. Yes,

Your Honor.

63

Colloquy

THE COURT: Okay. So my point is, there could

have been some other reason that they’re blinking their

lights, except for the fact that they were signaling a

prostitute?

THE WITNESS: Yes, that would be a possibility,

THE COURT: Okay. Second thing; you know she

was walking up to the vehicle. Did you see her do —her or

they do anything other than blinking lights, go around

and stop, that would have led you to believe and | think

you've already -- that there was a prostitution deal going

on?

THE WITNESS: At that point, no. With the

precursors, did I believe? Yes.

THE COURT: I understand. You had the precursor

but you understand that when you pulled up there, she

turned around and walked away.

So then nothing else could have occurred, which

could have heightened your expectation or suspicion that.

there was actually a prostitution deal going down?

THE WITNESS. That is correct, sir.

THE COURT: So at the time you went up to the

car, you were going to ask them and expected them to

admit that they were?

yes.

16

20

H. Duffield - Cross - Mr. Sandilos

THE WITNESS: I would say yeah. I mean, I was

soing to go out and find out what they were doing. I mean

believed what I believed. I believed that he was going

there.

So yeah, I was roing to pre tty much ask question:

find out what they're ¢ ie it at's going on.

THE COURT: Okay

THE WITNESS: Fatiline policing

THECOURT: I understand.

MR. CONNELLY: Nothing further, Judge. Than!

THE COURT: Mr. Sandilos?

MR. SANDILOS: Thank you, Your Honor

CROSS-EXAMINATION BY MR. SANDILOS:

Now, Officer, when you saw the -- when you

saw Ms. Bowen and you said she was walking on Vine

towards Columbia. Is that correct?

A. Yes.

Q. And she had reached a corner. She was

walking. Were you able to describe what she was wearing

at that time?

you.

A No, sir. | do not remember what she was wearing

Q. Okay. And likewise, you didn't place that in

the report as to what she was we aring. Is that righ ht?

60

H. Duffield - Cross - Mr. Sandilos

A That is correct.

(). Okay. You also, in your report and when

was the last time that you reviewed your report?

A Today.

Q). Okay. Was it prior to coming into the

testimony today, to -- starting your testimony?

A. Yes.

Q. All right. You also didn't -- would it be fair to

say that you also didn't put in there how fast she was

wi alking or the style of walk that she engaged in. Is that

correct?

A. That is correct.

Q. And let me be a little more specific. That

you dont have in there that she was walking quickly o1

that she was in a slow and deliberate walk or anything

like that. Is that correct?

A. That is not in there. That is correct

not in

Q. Would it be fair to say, because it's

there, you didn't make those observations as to how shi

walked?

A. Can you repeat that one more time?

Q. Sure. Would it be fair to say that, because

you didn't have those observations in your re port, that you

didn't in fact make those observations? Is that right?

HE WITNESS

‘LJ » | ‘ a rT’

THE COURT: Ok

" , . ~ TTs\ ~

S-EXAMINATION BY

‘

) Detective, l'm ¢

. »c , 7k } 1) _

z*

~ \ l tf that would retresn \

I is to the address of Mr g

\ 517 Columbia A’

ce L SSaVs 01 / OLUTIDIa AVE

Ss Ul t he gave tnat particular nlg

i fy) + "

ae Okay. Now, I think Mr. ¢

} } 4 4

rout WNnat the distance Was De : I

lumbia and the area that

king lot. Is that correct

> 7. .

, i dont think he had

ple aie eae ‘

King !ot. li ai & te K

1} 7 © |

YQ. All \

Know the

¥ 5 |

\V it Es K ] b

AT] r yf i [ in Lad ‘

> + nr

~

r WY

} 4 y ’

i if i j

|

bh \\

.

} { ) ;

Q Kay

~ 117 hast

¥ , a)

I Wt I e1lgnt [ uste may ve r :

1. l. y ie

Q So that -- the block that -- since 4

10 block of Columbia, then he would liv

s that moht? He wit I

|

| ."

4

t ’ +

) V1

QY ithin K Mr. © elly

yUeSTIONS concerning that there

; ‘ . i :

irking lot at night. Is that right

\ MM ro —s }] > . 8 |

\ inere usuallyv a;©rte yean

&rK in that tot, ves

) ae T ‘ ae. See Gee: ee

Q Okay. Is it your understanding, based

tne Knowilead

people who

A

ge and your experience

ive in that area tend to

from that area, that

park their cars in

J ~

‘ r >» > : f met

-

: — , on.

r ’

/ + oa { J

ye

_ or, Do @ & Tt phe we

> 4 | oe J

. ~ Sf os beg

oo 4 ; 4 f

, Lr me. a J, /

4 f) nme

F r / p >

+ —_ “

- “a - . ~

“4 ; a= 4

- ” c ~~

"4 a_i eo a hae .

4 ) ee . ~~ +

4 =

f ad ped og

> 4 > > we §

ne we

+ ~ oe

«/ , = ~ — —_ _~ > amd

4 > = 4 fae +

- ve _ 4

~ 4

- 7 , J > c — od

¢ _ { Cs

- / { . > - e —

t Z , A) i 4 “a ws ~~

4 _ = .

’ ~

”) 6 ee a - = a “ ° * -

Z on - y ' a > ¥ ~~ -

. ( " ‘ / 4 '

. a _ “ - | ame |

a b a — a2 rr on

~— - — of a /

~~ badd » f 7 ~~ 4

j Sy | - 4 P 4 an 4

~ 4 Y ° +

L Z 4

—— - 4 ww + ” “

; ~_ - - ~ e ‘ ra

4. -<f a y—~ —t J D) / r

4 ) rT s 4 4 m ¢ - : eet a a

- re ad fig cs °° i be

J ~ PO a= ”” o - Wnt ~~ dP yp ont Z. — am Sad

° L. / } ?

4 - oe = ay >» re ai 4 — -_ L. 4 J 4 4 al + —_— aw

+ 4 ~/

_ - = ‘ ane 7 | 4 ll

oo > “ - — A a

orm ne 4 ' i~d a

‘ Aus 4 b

a = r 4

f -— 4

2 ; > y at

, > ’ daw ‘

y s 4 . A) rt | a | 7 i Z ) ‘ 4 Y «J J 'e) CO dW [™

me |

m 10 00

b bed tad &

-—

a> bet 6

—“Iiouw Bm W AY

Co chy a 4

THE COURT: Well, let's talk about it. If you don’t

mind, let's go back and --

MS. WILSON: I'm sorry.

THE COURT: -- have just a conference quick and

we'll see where we're going with this and then { ll pick u

yn the Motions, if you want.

MR. CONNELLY: Sure.

THE COURT: Sorry about that.

MR. CONNELLY: That's fine, Judge.

THE COURT: All right. I'm going to take a break

and conference this matter.

(Whereupon off the record at this time and th

return to the record as follows)

THE COURT: Okay. Back on the record with

Christopher “Slater and Robert Lane. Okay. Officer

Duffield was in the middle of cross at the time we left back

yn April 8. Am I correct on that?

MS. WILSON: Yes, Judge

THE COURT: Okay. Officer, you want to take the

stand again, please? You know you're still under oath,

Officer, but I'm going to swear you in again because of th

time, the passage of time.

If you would, put your left hand on the Bible ar

raise your mght hand.

DET. HAROLD DUFFIELD, JR., STATE'S

Colloquy

WITNESS, SWORN

THE COURT: And your full name for the record

again?

THE WITNESS: Harold Duffield, Jr.

THE COURT: And you recall, Officer, that yor u gave

testimony here back on April 8, 2009, in this matter?

THE WITNESS: Yes, sir.

THE COURT: And you give -- we had completed

direct examination and we were in the middle of cross

when we moved the matter until today?

THE WITNESS: Yes.

THE COURT: Okay. Counsel?

MR. CONNELLY: Thank you, Judge. Judge, for the

record -- I'm sorry -- briefly, Thomas C onneily for

Christopher Slater. I have a witness I need to escort out «

the courtroom. He'll be testifying.

THE COURT: All n sht. Yeah, anybody who is going

to be giving testimony in this matter must leave the

courtroom. Be sequestered, as it were. Continue.

MR. SANDILOS: Thank you, Judge. Judge, I don't

know if I entered my appearance but C harles Sandilos on

behalf of Robert Lane.

CROSS-EXAMINATION BY MR. SANDILOS:

©. Detective, I think that the last time I left

WOON DW RWN Pe

H. Duffield - Cross - Mr. Sandilos 6

off with you, I was basically asking about some of your

observations concerning while you were up at the window

or the vehicle. Is that correct? Do you recall that?

A. Yes.

Q. Okay. Before we resume today, do you

remember whether or not -- or strike that. Do — have you

been provided a copy of the transcript of the hearing that

took place on April 8, 2009?

A. No, I have: not.

Okay. Did the Prosecutor provide you with

any type of a transcript or anything?

A. Yo. I haven't been given a copy. No.

Q. Okay. All right. So you haven't seen any of

the prior testimony that happened back then. Is that

correct?

A. That is correct.

Q. NOW, I know that I'd asked you about your

report back on April 8 of 2009 and I think that you had

testified that you had reviewed it prior to your testimony

that day. Is that correct?

A. Yes. | Tee

— Q. Now, did you also review it prior to your

testimony for today?

A. Yes, I did.

Q. And by that, I mean that you looked at it

H. Duffield - Cross - Mr. Sandilos 7

either this morning or shortly before we all appeared here

for court?

A. That is correct.

Now, when I asked you about some of your

observations concerning what you saw through the

window of the vehicle, you were looking turough the

vehicle.

Is that correct?

A. Yes.

Q. Or looking through the window. Is that mght?

A. Of my vehicle, yes.

l All nght. And I think that the last -where

[ had last left off was your view of Mr. Lane and

Mr. Slater. Is that nght?

A. Yes.

Q. Do you recall that?

A. Yes.

Q. And I think that your testimony then was

that you hadn't seen anything while you were looking

through the window. Is that nght?

A. At the tore talking once we were there?

: ight.

A. I believe you asked me if I could see through. At that

point talking, other than speaking to Mr. Lane, no I did

not observe anything else in the vehicle at the time.

—

OwWOnN AW LaWNH

. H. Duffield - Cross - Mr. Sandilos 8

: And IJ think the last time we were here, we

established that there was a console in the middle of -

- between the two seats of the vehicle. Is that mght?

A. Yes. Or an arm -- it was an armrest, a console

armrest, yes.

All right. And that's, again, where the gear

selector was; correct?

A, I believe I could not recall whether the gear selector

Zs believe it was down there. It wasn't it was up a little

vit, yes.

Q. Okay.

It wasn't --

Q. You don't remember seeing it --

A. attached.

" ¢: -- on the column or anything?

A. No.

THE COURT: Excuse me. Who's this gentleman?

Okay, I just wanted to make sure. I don't like people

coming in after I start a hearing because I worry about

“ uestration issues. I don't know who youre going to be

calling so --

MR. SANDILOS: Judge, I don't intend to call his

father. I think his father's just here to watch.

THE COURT: Okay.

H. Duffield - Cross - Mr. Sandilos 9

CROSS-EXAMINATION BY MR. SANDILOS:

Now, one of the other things I think that you

had established then was that you weren't able to —you

didn't see the console. Is that correct?

A. That is correct.

Q. All right. And the reason you didn't see the

console was because of Mr. Lane and Mr. Slater. Is that

right?

From my side, it would be definitely, yes,

Mr. Lane.

Q. Okay. When you had approached the vehicle,

I think you testified that you had pulled up behind it.

Is that right?

A. Yes.

Q. The car parked. You pulled up behind it and

at that point, did you make any observations of the

occupants of that vehicle?

A. Other than them sitting in it, no. Nothing more

than I remember.

Q. Okay. So you didn't notice any movement or

anything; what sometimes in the business is called furtive

movements. Is that mght?

A. Correct.

You didn't see them trying to hide anything.

You didn't see them trying to -- you didn't see them

NR RRR RR eRe PR

OwWmonnanuwkhPwnNrrPRPoOowwonanamnhwnhd Re

MR RO RO RO RO

Wm & WNP

Woon na UW ha W NR

H. Duffield - Cross - Mr. Sandilos 10

acting nervous or anything like that? Is that correct?

A. That's correct.

You didn't see them trying to move anything

nside of the vehicle. Is that right?

A. That's correct.

And the other thing that you didn't see was

you didn't see them handing anything to each other. Is

that night?

A. orrect.

Okay. So when you pulled up to the vehicle,

all you Just saw was the two occupants; right?

Yes.

THE COURT: Can you tell me, how was the vehicle

situated? You indicated the vehicle stopped in a parking

lot.

THE WITNESS: Correct.

THE COURT: Were they facing going out or going

into the parking lot?

THE WITNESS: Your Honor, when they

(inaudible), they pulled in one of the driveways and

actually pulled into a parking spot facing Columbia

Avenue.

. THE COURT: So they could have pulled out on

Columbia Avenue?

THE WITNESS: No, sir. They could not have.

H. Duffield - Cross - Mr. Sandilos 1]

THE COURT: Okay.

THE WITNESS: I mean, if they went over the curb,

yes, Your Honor. .As far as a driveway, no, they could not.

THE COURT: Where did you park when you — so

they couldn't drive forward but they could back up?

THE WITNESS: No, I pulled behind them.

THE COURT: So you -- but you --

THE WITNESS: So essentially, they couldn't back

up. If they went forward, they would go aff the sidewalk

and the curb.

CROSS-EXAMINATION BY MR. SANDILOS:

. Would it be fair to say that your report that

you had reviewed and that you wrote, didn't mention

anything about Mr. Lane or Mr. Slater, for that matter,

trying to conceal anything. Is that correct?

A. That is correct.

; And since it's not contained in your report, it

would be fair to say that it would be something that you

didn't see. You didn't make those observations; correct?

A. That is correct.

When you a

proached the vehicle, Mr. Lane

rolled down his window. é that right?

A. Yes.

—

Owomon nau hWN Re

H. Duffield - Cross - Mr. Sandilos 12

Q. Or did he do that voluntarily or did you have

to order him to rol! it down?

A. I don't remember exactly --

Okay.

A. -- how it went down. Ultimately, he rolled down th:

window, yes.

All right. He rolled down the window. You

were clearly identifying yourself as a police officer because

you had your badge on your belt?

A. A badge. That is correct, yes.

Q. So it wasn't something that you were tryin;

to hide. Am J right?

A. That is correct.

And you had made some Inquires wit!

regard to Mr. Lane. Is that correct?

A. Yes.

Q. And it was at the end of those inquiries that

you began to detect some -- an odor of what you called raw

marijuana. Is that right?

A. Yes.

Q. Now, the Prosecutor also had gone through

some questions to you, outlining -- eee os -Or

outlining your experience as a police officer. And one of

those was your familiarity with raw marijuana.

Is that bead be:

H. Duffield - Cross - Mr. Sandilos

A. Correct.

Q. And you had testified that you had gone through

some courses or some training as a police officer, in being

able to detect raw marijuana. Is that correct?

A. Yes.

Q. And also to determine whether -- what smell:

like burned marijuana. Is that right?

A. Yes.

Q. Now, you eventually found what appeared to

to yourself, to be marijuana. Is that right?

A. Ultimately, yes, marijuana was found on

Mr. Slater. Yes.

Q. All nght. And I think that the last time we w

here, you thought that what you had found — or you

couldn't remember that it was in a Ziploc baggie.

Is that right? Or what kind of packaging that it was in

A. I believe I testified that it was a clear, plastic bag

but correct, I could not -- I did not know if it was a Ziplo«

or just a tied plastic bag.

y

;

Q. kay. If I were to show you the notes of the

Lab Report. would that refresh your recollection as to the

4 '

type of bag’

A. Yes.

Colloquy 14

Q. Okay. And also, if I were to --

A. It should. | mean --

a. Okay. And if I were to also show you the, |

guess what would be called the form that you do the

submit -- the submissions to the State Police Laboratory.

Niles a that also refresh your recollection as to the type of

ag’

A. It should. You've got to understand, too, when we

submit evidence to our evidence officer, she in turn,

Your Honor, she in turn does her own form and submits it

electronically

So I'll definitely look at these forms and let you know if

they are mine or our evidence officer's.

! Okay.

A, So I may have put one thing. She may have

interpreted it as another. I'm not sure.

THE COURT: The forms you're talking about

dealing with the alleged evidence that was in the console;

right? On the console? marijuana.

MR. SANDILOS: Yes.

THE COURT: Okay.

THE WITNESS: Oh. I thought you said the

MR. SANDILOS: Well, yeah. I'm talking about the

marijuana. It's got all the --

Collogquy ~° 15

THE COURT: The marijuana in the jacket, though

THE WITNESS: Correct.

THE COURT: -- allegedly. So how does that have

any do -with what we're doing right now?

. SANDILOS: Well, I think it has a lot to do

with it because one of the reasons that the police officer is

able to get these -- the a but of the car is that

he's — that he smells marijuana.

o I think how it's packaged goes to some way to

testing his credibility on that.

S. WILSON: That's fine.

MR. SANDILOS: Now, if he doesn't remember that

THE COURT: Well, I'll let you continue but I don't

- I see -- I don't see that as being relevant but I'll let you

try to show me how it is. It's more relevant whether they

saw anything on the console or not.

Do you know, Officer, when you pulled up behind the

vehicle, were there other -- was yours the only vehic!

there? |

THE WITNESS: Your Honor, I don't remember. |

believe that was one of the questions asked. I don't

remember. As far as police vehicles or other parked

Colloquy 16

vehicles?

THE COURT: No, pelice vehicles.

THE WITNESS: Okay. Actually, one other one.

[t was a patrol vehicle, which was -THE

COURT: A marked unit?

THE WITNESS: Correct. Which was the transport

THE COURT: That -- when did that arrive?

THE WITNESS: After the arrest, Your Honor

THE COURT: Okay.

THE WITNESS: There were bicycle units there,

which I believe there were three.

THE COURT: At what times?

THE WITNESS: It was -- I don't have exact time,

but it was close to when we got -- they must have heard it

over the air. I'm not sure but it was within close -- less

than a minute.

THE COURT: Okay.

CROSS-EXAMINATION BY MR. SANDILOS:

Q. [‘ll show you what's marked as D-3 and ask

"i to take a look at that and see if you recognize that

orm.

A. This would be the form that's generated by our

evidence officer.

Q. Okay. Did you review that at all?

unit.

H. Duffield - Cross - Mr. Sandilos 17

A This? No.

Q. Okay. There are certain items that are listed

on that form. Is that correct?

A. Yes.

Q. And some of those items list what was seized

by you and the other officers. Is that right?

A. Yes.

Q. And it seems that there are three items that

are seized are those items that are I guess described as a

white substance, a white rock-like shalante in a plastic

bag. Is that correct?

A. Yes.

Q. Okay. And then I think it's item number two

is described as a greenish vegetation that's in a plastic

bag. Is that correct?

A. Yes.

Q. Does that describe the type of plastic bag

A. Like | test -- a clear, plastic bag. It does; a clea

plastic bag with green-brown vegetation.

4 Okay. Now, I'll show you what's marked a:

D-4 and represent to you that that’s the notes of the

laboratory chemist that tested the -- now, on there again,

item number two would be the marijuana that was later

found. Is that correct?

A. This is the first I've ever seen this type of

COOnN OUD WN

Colloquy 18

form. It's saying number two, item number; clear, plastic

sandwich bag containing vegetation.

Q. egetation usually would be what was

what people would suspect to be marijuana. Is that

correct?

A. Yeah. You would -- that was how you would

describe it, yes.

It also lists a weight in there. Is that right?

A. Of item number two?

A. Pes. _—

; Okay. And what -- if I'm not mistaken, it's

27.796 grams. Is that correct?

A. 27.96 grams, yes.

Q. Okay. Now, when you had testified about the

marijuana, you testified that you thought that it was more

than 50 grams. Is that correct?

A. Yes, that is correct.

Okay. Would this refresh your recollection

that it was not 50 grams? That it was substantially less

than 50 grams?

A. At the time, we did not have a lab sheet in front of

me and yes, I did believe it was over 50 grams.

However, if this is a true lab examination, which it's the

first time I'm ever seeing this type, it's saying

Colloquy 19

es.

Specimen number two, which was the vegetation, was

27.796 grams.

& Okay. On the top there, it also lists number

two. It says sandwich bags and then it says — it looks like

me o you know whether or not that stands for

Ziploc?

Sir, I don't know. That's my -- and this isn't

certified.

MS. WILSON: I'm going to object. This isn't even

his notes. This was the chemist notes that he has never

seen before.

THE COURT: And I don't see the relevance. |

mean, I'll take judicial notice. I mean, I've had training

and if you opal smell raw marijuana through Zip bags.

That's not even taking into consideration that it's in and

out of a ‘tap with a jacket. So I don't find it entirely or

especially relevant, the whole line of questioning.

MR. SANDILOS: Judge, it is relevant. First of all

THE COURT: Well, if you were sitting here, maybe

it would be but to me, it's not. I'm more concerned about

the -- whether this was a field

16

19

19

20

Colloquy 20

inquiry.

How -- whether they felt they could leave or not.

And whether there was anything in plain view when they

first walked up to the vehicle.

MR. SANDILOS: Well, Judge, with all due respect,

you don't have the right to limit our cross-examination,

to the issues that are involved in the -- as to what you

think are relevant.

THE COURT: But I think you would be

MR. SANDILOS: What is relevant also -

THE COURT: I think it would be instructive to you

when you tell -- when I'm telling you what I'm looking at.

MR. SANDILOS: Okay.

THE COURT: But if you want to go off in your own

direction, do it. record.

MR. SANDILOS: Judge, [ have a right to make a

THE COURT: You certainly do. Go ahead.

MR. SANDILOS: Thank you. | intend to.

CROSS-EXAMINATION BY MR. SANDILOS:

Q. Now, the -- this vegetation that was found

was just in the plastic bag. You don't recall whether or not

it was a Ziploc bag. Is that correct?

A. That is correct.

Colloquy 21

Q. All right. And again, you would agree with

the amount of weight that I showed you, with regard to

the Exhibit D-4 that I showed you?

A. According to that paper you showed me, item

specimen number two, without me looking at the evidence

or a certified lab report from a chemist.

According to that i an you gave me, that is correct. The

clear, plastic bag with vegetation showed

27., | believe, 796 grams of marijuana.

: Are you aware, as to the amount of -- as to

what it would be 1n ounces or how much that converts to

the English weight?

HE COURT: How's that relevant?

MR. SANDILOS: I'm sorry?

THE COURT: How's that relevant?

MR. SANDILOS: Well, I think it gives us an idea,

because it does convert to just under one ounce, .96

ounces.

THE COURT: And I take judicial notice of

MR. SANDILOS: Thank you. Thank you. As long

Court is willing to take judicial notice of

And I can give the Court the exact weight, if okay.

THE COURT: That's fine.

16

19

20

16

20

24

Colloquy 22

MR. SANDILOS: Actually, Judge, what I can give

you is that 28.35 grams equals one ounce. So we can agree

that that was -- that the amount was a little bit less

THE COURT: Than an ounce.

MR. SANDILOS: -- than an ounce.

CROSS-EXAMINATION BY MR. SANDILOS:

Q. At the time that you said that you had

smelled raw marijuana, you had -- did you tell the other

officers that you had smelled the raw marijuana?

A. I don't recall if 1 told anybody. At one point, yes.

When I asked Mr. Lane to step out, I don't know if I yelled

across the car but yes. Once he was asked, you know, out

of the car, whoever was there, of course, yeah.

THE COURT: Why did you ask him out of the car?

THE WITNESS: Because of the smell, Your

Honor.

THE COURT: When did you smell it? Did you smell

it when you were retrieving the other?

THE WITNESS: NO, sir. I smelled it while talking

to him.

THE COURT: From outside the car?

THE WITNESS: That is correct.

Hi. Duffield - Cross - Mr. Sandilos

THE COURT: Okay.

CROSS-EXAMINATION BY MR. SANDILOS:

Q. Did any of the other -- at this point, you're

‘eg at the driver's side window; correct?

A. es, I was.

Q. Netective Farabella was there. Is that right?

A. Yes.

s) And he was standing where?

A. e was on the passenger side.

I

®. On the passenger side?

A. orrect.

Q And do you recall whether or not that

window was open?

A. No, I do not.

Q. Okay. Now, there was a third officer there, a

well. Is that correct?

A. There were a few officers there. Yes, sir.

- Okay. There were other officers?

es.

A.

Q. And where were those other officers

standing?

A. I mean, who do you want to know? | don't know

exactly--

Q. Well, there was an officer

A. --where each one--

H. Duffield - Cross - Mr. Sandilos 24

* Oka

CHE COURT: How many officers were there tot il

at the initial field inquiry, what I'll call a field inquiry?

THE WITNESS: The in~tial field inc uiry would

have been three. That tina # have been -- Deiccins

Hoydis would have been the third.

THE COURT: Your car was parked behind their

vehicle?

THE WITNESS: Correct.

THE COURT: You're at the driver's side.

There's another officer that's at the passenger side.

And where's the third officer?

THE WITNESS: Detective Hoydis, I'm not sure.

He was with the female.

CROSS-EXAMINATION BY MR. SANDILOS:

Q. There was also an Officer Vinzinski. Is that

right?

A. Which carne -- the initial pull-behind and get out,

he was not with us. It must have been heard over the air.

He carne there within a short amount of time. I mean, |

don't know if they were just in the area but he did

ultimately corne there, also, yes.

Q. So you said Detective Farabella was on the

passenger side and you were on the driver's side--

H. Duffield - Cross - Mr. Sandilos 25

A ‘ Yes.

s -- with the open window. Detective -- or

Officer Vinzinski carne a little bit later. Is that correct?

A. Yes.

Q. At the time that he carne, was Mr. Lane out

of the car already?

A. | don't remember.

Q. Your report doesn't reflect that at that point.

Is that correct?

A. That's correct. | don't remember.

Q). You -- do you remember where Officer

Vinzinski was standing?

A. Iie was on the passenger side.

a He was on the passenger side?

A. ith Detective Percieda.

4 Okay. And were there other officers with you

on the driver's side?

A. I don't remember anybody else, other than myself,

on the driver's side.

Q). Okay. So you're the only there; correct?

A. Yes.

(). So -- and you're the only one that can testify

as to whether or not you smelled anything. Is that correct?

H. Duffield - Cross - Mr. Sandilos 26

A. Yes.

(). You announced

A. From my side.

Q. On your side.

A. Yes.

Q There were no other officers that told you

that they had smelled any raw marijuana. Is that correct”?

A. Nobody told me, no.

". Okay. So you were at that point the only

officer that had made that —that datetted an odor. Is that

correct?

A. Yes.

Q. And at that point, you told the other officers

about what you believed you had detected. Is that correct?

A. Correct. I don't know how I did it but yes, that is

correct.

Q. Well, they're on the other side. Did you

A. [ don't know if [ yelled or

Q. Did you yell?

A. [ don't remember how but yes, I did advise everyone

there.

q). All nght. And when you told them that you had

made that -- detected an odor of what you said was

H. Duffield - Cross - Mr. Sandilos 2

marijuana and at that point, you then began to order Mr

Lane out of the car. Is that right?

A. Did I tell them first and then pull him out? I don't

know. Did I pull him out first and then tell them? I can't

answer that.

Q. Okay.

A. [ don't know when exactly but ultimately, yes, tl

were told.

Q. All right. If | showed you your report, would

that help clear anything up?

A. [ can take a look at it.

Q. All right. Detective, I'm going to show you

what's marked as hs and ask you if you recognize that

exhibit.

A. Yes, | do.

Q. Is that your report?

A. Yes, it Is.

Q. Do you -- is -- as to whether or not you had

announced the fact that the -- what you detected or pulled

Mr. Lane out of the -- or requested Mr. Lane to get out of

the -- ordered Mr. Lane to get out of the car. Would it

refresh your recollection to review that report determine --

to determine what order it happened?

> WN

~~ UW

H. Duffield - Cross - Mr. Sandilos 28

A. No, this doesn't help me.

(). Okay. Is that because it's not in the report?

A. Yeah, that's not in the report. That is correct.

Q. So as we stand here today, we can't make a

we don't know what came first; either making the

detection or ordering -- announcing?

A. It could have been -- yeah, I don't know. It could

have been simultaneous. I don't know.

THE COURT: Officer, at the time you pulled up

behind the vehicle and you get out and the other two

officers get out of the vehicle, was your intention just to

ask questions or were you doing an investigation:

THE WITNESS: Your Honor, I was attempting to

find out what was going on with the circumstances that

[ had leading up to it. And yes, I was just going to ask.

THE CO IRT: If they could have pulled out, would

they have been allowed to pullout and leave?

THE WITNESS: Well, with out car behind them,

I'd probably have to move my car or they'd have —

THE COURT: But would you have if he'd have said,

I don't want to talk to you? Or would you have gone

forward?

H. Duffield - Cross - Mr. Sandilos 99

THE WITNESS: I don't know, Your Honor.

THE COURT: Very well.

CROSS-EXAMINATION BY MR. SANDILOS:

Q. Detective, when Mr. Lane finally got out of

the -- he cooperated with your request. Is that right?

A. Yes.

Q. He didn't heBitate. He didn't protest or

anything like that. Is that right?

A, That's correct.

Q. SO that when you did order him out of the

car, you didn't make any observations once he was out of

the car. Is that correct?

A. Incorrect.

THE COURT: Making observations of what?

MR. SANDILOS: Well, I'll make the car — the

question more specific

CROSS-EXAMINATION BY MR. SANDILOS:

Q. When you ordered him -- and I'll withdraw

that question. When you ordered him out of the car and he

eventually, he did get out of the car; correct?

A. Yes.

When he got out of the car, you looked inside;

did you not? | | .

A. My main focus was on him so | did not look in the

car right away, no.

19

24

H. Duffield - Cross - Mr. Sandilos 30

? Okay.

A. With the smell of marijuana, of course he's asked to

step out and actually, when they asked the other, the

passenger to step out, was when the cther detective --

a Well I'm just talking about what you did.

A. Okay. Did 1?

Q. Did you look inside the car? When I had him

step out, at that time, no.

Q. So you never at that point looked inside the

car to see what was in the car at that point. Is that mght?

A. No. My main focus was on Mr. Lane.

A. How -- where did you take Mr. Lane at that point?

A. He was escorted back a little bit from the driver's

door.

Q. Did you handcuff him?

A. No, sir.

Q. You just, you held him and moved him back.

Is that correct?

A. That is correct.

THE COURT: Are those pleas ready? Those two

leas are ready?

JINKNOWN SPEAKER: Almost.

H. Duffield - Cross - Mr. Sandilos 31

i THE COURT: Let me know when they are. Go

ahead.

CROSS-EXAMINATION BY MR. SANDILOS:

So it would be fair to say that when you

removed Mr. Lane from the car, you didn't make any

observations as to the interior of the car at that point. Is

that nght?

A. hat is correct.

Q. Now, when you were removing Mr. Lane

from the car, you had asked him to get out of the car. Is

that mght?

AX

a

es.

Q. Did you touch his arm or shoulder to help

him out of the car? . . ; |

A. I don't remember if I assisted him out or — I believe

he came out voluntarily but I don't know.

Q. Okay. And the only reason I ask this is |

don't mean there was any force or anything like that.

A. Correct.

Q. | just mean that, did you help him out of the

car because at that point, he was maybe not under arrest

but you wanted him to go to a certain place. You wanted

him to move away from the car. Is that mght?

A, Away from the driver's door, yes.

MP ewoonnaun kh wre

— >»

H. Duffield - Cross - Mr. Sandilos 32

Q. All nght. So do you remember if you had

done that?

A. I don't remember if I helped him out, no.

3 Okay.

A. 1ere was definitely not force.

Q. Okay.

A. Did I grab his arm? I don't know that for a fact.

That's fine. I understand that. I'm not saying

there was. When you ordered him out of the car, did you

bend down ‘nto the car to ask him to get out of the car?

A. No.

You moved him away from the vehicle and do

you remember how far away you moved him?

A. Towards the rear trunk area.

Of his car?

A. Yes.

Q. And Detective Farabella and the other

officers were still in their same positions, that you saw. Is

that right?

A. ell, it was pretty much simultaneous. When I

escorted Lane out of the car and walked him back, I mean,

that's when everybody knew I smelled the marijuana.

So essentially that's when they -- the other side

H. Duffield - Cross - Mr. Sandilos a3

asked Mr. Lane [sic] to get out of the vehicle.

So it was within the same time frame.

I think they -- the Judge had asked you about

the number of officers. I don't think you had a number. Is

that right?

A. don't have an exact. I can tell you who I know

definitely that were there. I[ didn’t have an exact number

for him. No, sir.

| Okay. And we do know that it was you,

Detective Farabella and Officer Vinzinski; correct?

A. Correct.

Q. And were -- do you know the other — any

names of the other officers * ioe were there?

A. Detective Hoydis and Patrolman John Redden.

THE COURT: And they were -- again, you're

confusing me with the questions and the answers.

What's relevant to me is who was there at the time of the

initial stop. But you're saying there was three or now five

eaividens there at the time of the initial stop?

THE WITNESS: Your Honor, initially there was

three of us in the one vehicle so three of us at the

initiail stop. And then ultimately, the other officers came

shortly after the fact.

CROSS-EXAMINATION BY MR. SANDILOS:

—"

OwoOon DU aRWN

H. Duffield - Cross - Mr. Sandilos 34

Q. All right. The Judge also had asked you. A

question concerning the position of your car to the position

of Mr. Lane's vehicle. Is that right?

A. Yes.

Q. And you had pulled up right behind his

vehicle, if I'm not mistaken. Is that mght?

A. Correct.

Q. And how close was your vehicle to Mr. Lane's

vehicle?

A. I don't know, sir.

It wasn't -- there wasn't enough room that he

would have been able to back out and leave. Am I right?

A. I would probably have to move my vehicle before he

could back up and leave, yes. .

Q. So that you deliberate -- you did move the car

and you did put the car into the spot. Is that correct?

Knowing that you wanted to talk to these two gentlemen.

A. I can't answer that. I don't -- why would I have

urposely blocked him in? No. Was it just a tactical thing

or myself and the safety of us getting out? We have the

vehicle to use. More than likely.

Why that particular spot behind him? I can't sit here

H. Duffield - Cross - Mr. Sandilos 35

and say why we did that. Maybe just my instincts of

being a police officer. I dent kao but that's the way it

was,

Q. And with that initial stop, again, there was

one officer on -- you were on the passenger -- or on the

driver's side and two officers were on the passenger side;

correct?

A. Yes.

Q. Did you ever ask permission to search the

car?

A. No, I did not.

Q. Okay. There was no time that you turned

around and said to. Mr. Lane, may I search your car or do

you Bve qa consent to the search of your car?

A. I did not, no.

Q. Was there ever a conversation between you

and Mr. Lane concerning bringing a dog on the scene?

A. No, sir.

MR. SANDILOS: Thank you. "I have nothing

further.

THE COURT: Mr. Connelly?

MR. CONNELLY: Briefly, Judge, thank you, if |

may.

CROSS-EXAMINATION BY MR. CONNELLY:

Q. Detective, do you recall when you were making

Colloquy 38

NDU PWN

Oo ©

MS. WILSON: And Your Honor, I'm going to object

e ‘pens playing the tape. It's not authenticated, I don't

elieve.

THE COURT: Well, this officer can tell wi. ther it's

his voice or not; night?

MS. WILSON: Right. But we also have other

communications on there.

THE COURT: All we're relevant is whether this

officer reflected --

MS. WILSON: That's fine, if the Court's going to let

him play-it.

THE COURT: Well, what I'm understanding you're

bringing it is as to whether the officer will remember

whether he called it in or not?

MR. CONNELLY: Yes, Judge.

THE COURT: Which I find to be entirely relevant

to this case, quite frankly.

MS. WILSON: That's fine.

THE COURT: It's a real narrow box I'm looking at,

quite frankly. It's what was the reason for the stop? I want

to know whether it was a -- whether it was a

substantiated field inquiry.

Whether it was a -- an actual stop, whether it was an

investigatory stop, whether it was a field inquiry.

Colloquy 39

They're -- whether there was probable cause.

I mean, those are the three issues I'm concerned with and

there's a narrow (inaudible) in time I'm really looking at.

MR. CONNELLY: I[ agree, Judge. The tape's

critical.

MS. WILSON: If the Court's going to play it, the

State's going to just put their objection on the record

because it hasn't been authenticated.

THE COURT: But the authentication issue deals

with whether this officer can recognize his voice and

whether his memory is recollect -- is any recollection of

what he did that night in that small time period.

Of when he was getting ready to either do a field inquiry

or do an investigatory stop. Is that what it's about? That's

what I'm understan ‘3

MR. CONNELLY: I agree, Judge. And I think it's a

bit disingenuous of the State to object to evidence that

they provided in discovery to us as the authentic --

THE COURT: Well, I'm not going to get into that right

now. But my point 1s, I'm not accepting it for any other

roof other than the -- to let the officer determine whether

is memory is refreshed by the -- by hearing the tape, as

to what occurred at the time of the stop.

Colloquy

2

MR. CONNELLY: I agree. I believe a foundation's

been laid and he can testify if it's his voice.

THE COURT: Yeah, I agree.

MS. WILSON: Okay. That's fine.

THE COURT: Your objection's overruled. Let me

handle this --

MS. WILSON: Are you going to cue it up to the

right spot?

MR. CONNELLY: I don't know what the right spot

is. I'm gon to Parc tape.

HE COURT: Let me explain something to both of

you, okay, right now. You talk to the Court. You don't talk

to each other. If you want to argue, you argue through

We're not going to let it disintegrate to that; okay?

ease.

MR. CONNELLY: Yes, Your Honor.

THE COURT: Judge keep it nght.

MS. WILSON: Okay.

THE COURT: I'm going. to handle this search

warrant and [I'm <i. to see if these two pleas are ready.

UNKNOWN SPEAKER: They're not quite ready,

Colloquy 4]

Your Honor.

THE COURT: Okay, thank you.

(Whereupon off the record for a bmef recess and then

return to the record as follows)

THE COURT: -- Robert Lane and Christopher

Slater. Mr. Connelly?

MR. CONNELLY: Yes.

THE COURT: Just for the record, we've been trying

to get the disk, DVD disk or disk to play and I understan

you have an apparatus coming over that will hopefully

play it. So I've asked you to maybe go into a different line

of questo ak so we're not wasting time until it gets here.

MR. CONNELLY: Yes. And my apologies to the

Court for the technical failure.

MS. WILSON: Judge, I'm just -- I'm kind of

confused here. I thought Mr. Connelly already did his

cross. Mr. Sandilos did his cross. I thought we were on

redirect so I'm kind of confused.

THE COURT: Oh. We didn't go to redirect because |

didn't know Mr. Connelly had done cross yet.

MS. WILSON: He did.

pa THE COURT: I didn't remember since last

pril.

COnNDURWN Pe

H. Duffield - Redirect - Ms. Wilson 42

MR. CONNELLY: Well, I did most of my cross,

Judge.

THE COURT: Okay. Do you want to have the

redirect now?

MS. WILSON: I just had a couple questions and

then I guess the could follow up with whatever I ask.

HE COURT: Well, I'll let you two -- if you want to

Page [ apologize. I didn't know that

Mr. Connelly had not had his bite at the apple back in

April when we left this off.

MS. WILSON: Okay.

MR. CONNELLY: [had a partial bite of the apple,

Judge.

THE COURT: Okay.

MR. CONNELLY: That's fine. | yield to — the floor to the

Prosecutor.

THE COURT: Okay. If you want to redirect, that’:

MS. WILSON: Okay.

REDIRECT EXAMINATION BY MS. WILSON:

Q. Detective Duffield, now Mr. Sandilos back in

April spoke to you about Mary Bowen and what she was

es. Do you remember that?

A. es.

Q. And he brought up the fact that in your

fine,

H. Duffield - Redirect - Ms. Wilson 13

report, you didn't note what she was wearing. Is that

correct:

A. That is correct.

Now, despite not noting .that in your report

as to what she was wearing, did you still recognize this

person as Mary Bowen?

A. Yes, I did.

9. And had you seen her on other occasions?

A. es. Yes, I have.

Okay. So was there any doubt in your mind

that this was Mary Bowen walking down the street?

A. No, there was not.

9. And now, I| just want to talk about the time

frame. | want to talk about the time frame from the time

you saw Mary Bowen walking down the street until the

ultimate arrest of the Defendants. Can you estimate for us

how long that was?

A. Ten minutes.

And when you walked up to the car, you had

testified that you parked behind Mr. tings vehicle?

A. Correct.

Q. And from the time you approached the

vehicle and asked him a question, until you smelled the

marijuana, how long was that?

A. Less than a -- less than five minutes.

20

Colloquy 44

Q. So you -- when you were asking him, it was

less than five minutes after you started smelling the

marijuana?

A. Yes. And I'm sure a lot shorter than that but that

was less than five minutes, yes.

MS. WILSON: Judge, that's all the State has right

THE COURT: So if it was five minutes of

conversation, there's no doubt you were conducting an

investigation at that point then; right?

HE WITNESS: Your Honor, I considered it a field

inquiry into the actions that I observed. The few questions

that were asked before

MR. CONNELLY: I'm going to object and move to

strike. That's a legal conclusion. The witness isn't

ualified to give that testimony. I'm sorry, Judge.

lll stand up. Objecting, moving to strike.

THE COURT: I will not take that into

consideration. Granted. But my concern was just whether

you were asking questions beyond were you going to solicit

that young lady?

THE WITNESS: Right. No, no, sir. If I could five

minutes. If I could -- it was definitely under five minutes.

The questions that I asked him, it took me no more than a

minute.

how.

H. Duffield - Recross - Mr. Connelly 15

[t was just, everything happened at once, Your

Honor, and to get an exact time frame, I -- that’s why |

said, definitely under five minutes but I'm sure it was

under, way under that.

MR. CONNELLY: Thank you.

RECROSS-EXAMINATION BY MR. CONNELLY:

Q. Detective, I want to talk to you a little bit

about your training. You testified previously that you had

some te at the police academy. Is that right:

MS. WILSON: This is outside the scope of the

redirect Judge. I'm going to object.

THE COURT: It's overruled. I'll let him answer it

briefly.

THE WITNESS:

RECROSS-EXAMINATION BY MR. CONNELLY

Were you at the police academy?

A. Yes, I was.

Q. And how long?

A, Four months.

¥ And you had some

arch 3 to July 14, 1995.

Q. And did you have training in -- when you

were there, you had training in controlled smells, as you

call them; right?

A.

H. Duffield - Recross Mr. Connelly 46

A. One of my continuing schooling was called narcotics

-- Drugs for Patrol Officers and that is when the -- all the

controlled smells and raw smells were performed, yes.

Q. And they were performed lee. Is that night?

They give you a subject substance and then they ask you

how do they work? Just tell me.

A. During the training, of course visual observation of

the drugs that you encounter on the street. And with

marijuana, the distinct smells, that was also part of the

training.

al And so what do they do? Present you with

something and then ask if you smelled anything?

A. No. They would -- the instructors would identify the

marijuana and pass it around the classroom and allow

each individual officer to -- it's called a controlled smell.

Q. Okay. So you knew -- all right. So you knew

it was marijuana. You were given marijuana and you

smelled it arid that's a controlled smell?

A. Part of that course, yes. That was part of the, yes,

the training, yes.

kay. Is that your training when you said

you had training in detecting sameniion tat time? Is that

the extent of it? Somebody gave you marijuana and

H. Duffield - Recross - Mr. Connelly 17

you smelled it? |

A. Along with my experience and all o£ my arrests.

That was the initial, yes.

Okay. Let me talk a little about your training

and doing vehicle stops. Let's assume for a second that

when you radioed back to HQ in this case, you said vehicle

stop.

Now, when you do a vehicle stop, are you trained to try

and box a vehicle in if it's possi le?

A. You're definitely trained to conduct a motor vehicle

stop the safest for you. So there is training, yes.

; Well, I think you said earlier that you pulled

up behind the vehicle and you said on other testimony

that it was your instinct that led to that, as if--

A. It may have been. I said I really didn't — |

wasn't sure why it was parked -- I parked right behind it

However,’ it could have been my instinct.

Q. _ But you were trained at the academy in

making vehicle stops with another vehicle; right’

A. es, we did.

Q. And to do that, when you do that training,

— taught to pull up behind a vehicle so they can't

y escape?

€asl

H. Dutheld - Recro Mir.

Yes. That would be correct

* Okay. And then

Well, not escape; for your safety

ry That's really a matter of semanti

A lf you're pulling behind them, they can definit

but for your safety, yes. We're trained to — on how to

conduct a motor vehicle stop.

(). Well, there's no doubt that your safety i

it's certainly got to be a concern; right? But if it was all

about your safety, you wouldn't get close to a car. You

give them plenty of room.

A. [t's always about safety and I wouldn't say pl

room. I mean, you want a little cushion for variou

reasons but

(). Why do you want a little cushion

\ Distance between you and the vehicle? *

want to be right up on them

Q. Why’

5

A Just for safety reasons? | mean, you c:

distance. God forbid something bad happen

your chances of survival, you know?

Q. [ understand but what about

You can get away from it quickly

q) why not go too far away?

oblem ther

Colloquy

\ Well, then if you're too far away and you're walkin

up, then you don't have any cover if something should ba

0 down, as your vehicle that you're making the car sto}

(). Okay.

Are you with me

q) [‘m with you

Okay.

THE COURT: I don't know if that's totally rele,

but let me ask a question that you started to hit upon

Suppose the vehicle did not pull into the parking lot and

stop. Was it your intention to Stop the peninis for this fie

inquiry? .

THE WITNESS: No, siz

THE COURT: So you wouldn't have called

ehicle to try to stop the vehicle if it didn't stop?

THE WITNESS: No, sir

RECROSS-EXAMINATION BY MR. CONNEL!

Q. So when did you call for backup? Before |

after you smelled the marijuana?

A. I don't recall calling for backup. Like I testified t

you, it was all simultaneous. The fourth and other guys

came as it was occurring, as | was bringing Lane out of

Colloquy 50

the vehicle or shortly before.

The three guys that were on location initially were

_ myself, Detective Sergeant Farabella and Detective

loydis.

The other guys came. I never called for them.

They must have heard it over the radio and were there in

the area and that's when they arrived.

But no, if the vehicle, Your Honor, had kept going

straight, from what I observed and nothing else occurred,

the facts, no I would not have made a stop.

THE COURT: Well, | guess maybe you didn't

understand my question. The vehicle pulls in the parking

lot and stops; okay? Suppose it didn't pull in a parking

stall and stop and then BD seconds later while you're

approaching, pulls out. Would you have stopped it then?

THE WITNESS: No, sir. If -- certainly with the

female walking towards it and getting close and then us

pulling in. And then they may have, knowing our

undercover vehicle, then yes, I probably would make a

motor vehicle stop. But if they just pulled in the parking

lot and then pulled right out and nothing else happened,

the female stayed where she was?

H. Duffield - Recross - Mr. Connelly 5]

THE COURT: No. But that's -- the female did not

stay where she was. That's my point. The vehicle stops in

the parking lot, the female walks up to it, up to the car.

You start to pull in and then the vehicle just pulls away.

Would it be your intention to stop the acs at that

point?

THE WITNESS: Yes, sir.

THE COURT: To continue the investigation?

THE WITNESS: Yes, I would.

THE COURT: Okay.

RECROSS-EXAMINATION BY MR. CONNELLY:

Certainly, once you got out of the car, if they

had taken off at that point once you're out of the car, you

would have gone after them? Let's say they were able to

drive away. Had they driven away, would you have gotten

back in the car and run them down at that point?

A. After I initiated a field inquiry? Then that would

raise -- that would --

Q. Well, I don't want to talk about legal

language.

A. ell

THE COURT: Don't worry about the legal

language. | understand. You don't have a jury hers

H. Duffield - Recross - Mr. Connelly

\ No, sir.

Q. [s it fair to say when you pull up behind a

car, before you get out, part of the reason you did that,

whether it's instinct or it's police training, was to prevent

this -- the -- at that point the suspects from fleeing? Isn't

that. ww

A, hat: was not what was on my mind, sir. | -- like

1 said, I testified that I was not sure why uae that

ere Saying |

way. There was no intention -- | didn't go t

I'm going to block these guys in. No, sir.

t. CONNELLY: And then -- the Court’:

indulgence for one moment.

THE COURT: I think your tape player's he:

MR. CONNELLY: Excellent.

RECROSS-EXAMINATION BY MR. CONNELLY

Q. Okay. And you're familiar with that

intersection in Millville; right?

A The one -- yes. Columbia and Vine, yes, | a1

Q. And you said you were familiar with

Mary Bowen?

A. That is correct.

Q. I think at the last hearing you believed,

based on your experience with Mary Bowen, that she w

a prostitute.

H{. Duffield - Recro

\ Yes

Q. Is that right? But at the time, you didn't

know her rap sheet. You didn't have that in your head

you?

A. Absolutely. Because I've made several arrests «

have been with guys who have made all the arrests.

~ The entire thing? You know her entire

criminal history and that's just in your brain. that it

A. [ have a lot of knowledge about people in the

streets, just based on what I| do ever de And yes.

Q. Okay. Let me ask you this. Are there art

Millville that are known for prostitution?

A. There are areas, yes.

Q. And that's one of them; right?

That would be, yes.

Q. And clearly, if you have a known prostitute

she's probably going to be in a known prostitution area

that right?

A, hat is correct. Yes, sir.

Q. In your training and experience on the stre¢

have you ever known prostitutes to solicit innocent

parties? People who have no intention of actually picking

up a prostitute?

A. I would agree with that. That is correct.

oe Ae a

Colloquy 5

Q. And if you heard testimony, hypothetical

testimony that somebody pulled into a high prostitution

area for who knows what; to pick someone aes up. A

friend, neighbors. Is it sonal that a prostitute would

come to that car and just attempt to solicit sex?

A. Yes.

MR. CONNELLY: I'd like to try and play the tape

now. That's all I've got.

THE COURT: Let me get a offer of proof. What are

you saying the tape says?

R. CONNELLY: The tape gives a definite time

line from the point that the stop is called in by Detective

Dufheld and then the other units arriving.

[t gives the timing of the arrival of the other units. At

least when they've called in. It gives us at least the

earliest point at which they are at the scene. And quite

frankly, I'm not clear -- it also tells us what Detective

Duffield said when he responded to dispatch and --

THE COURT: Well, okay. Let's try to get because

I'm not concerned with what happened even

30 seconds after the stop, quite frankly. I'm concerned

with who was there when this car was held at that 30

seconds to a minute time period.

Colloquy

MR. CONNELLY: Okay.

THE COURT: That's where you make a

determination of whether there's a field inquiry proper or

whether it's an investigatory stop proper or not, in my

mind.

MR. CONNELLY: I understand, Judge. But | mean,

a key point I think is the time when he smells the

maryuana.

And [ think it's possible that there was a third unit

and maybe a fourth unit at the scene before that was

smelled. I mean, at some point this field inquiry turns into

THE COURT: That's fine. That's why I'm allowing

MR. CONNELLY: -- a stop.

THE COURT: -- the tape to be heard. I'm just

trying to get an idea of what I'm listening to.

MR. CONNELLY: Absolutely. I also want to find

out what Detective Duffield had in his mind. Now it's a

field inquiry but I'm pretty sure | remember him saying a

vehicle stop when he called it in.

THE COURT: Okay. Okay. Ms. Wilson, could I

impose upon you to check with Mr. Ostrowski and see if |

they're ready on those matters?

MS. WILSON: Sure, Judge.

22

1

Colloquy

MR. CONNELLY: (inaudible)

THE COURT: Just something like |

before or no?

MR. CONNELLY: (inaudible)

MR. OSTROWSKI: (inaudible

THE COURT: All right. What I want

you're ready, just let me know.

MR. OSTROWSKI: That's fine.

THE COURT: I don't want you to think tl

whenever you're ready, you let me know.

MR. OSTROWSKI: (inaudible).

THE COURT: Well, that's a good sign. I hear

MR. CONNELLY: (inaudible) this tape. They're té

seconds each. I don't know for certain when this top was

called in. It might have been the entire long tape. There’:

really no other reports so

THE COURT: Well, again, I'm not taking any

this for evidence.

MR. CONNELLY: Okay.

THE COURT: I'm going to let the officer listen to

and then if it refreshes his recollection, he can testify to

what his recollection is' at that time.

MR. CONNELLY: Okay. Well, let me just play them all

Hi. Duffield - Recross - Mr. Connelly

THE COURT: I understand that's why you'r

playing it.

MR. CONNELLY: If I can take a moment

(inaudible) and then just ask the officer to identify, yo

know, when he hears his voice (inaudible) and stop us.

(Whereupon police dispatch tape was played for the Cou

at this time and then return to the record as follows)

MR. CONNELLY: It wasn't there. Are we on thi

record, Judge? Okay.

RECROSS-EXAMINATION BY MR. CONNELLY:

that was probably Lane. He's a co-Defen

You heard (inaudible):

A Yes.

ot Do you know v

\ That was me.

q). That was yor

A Yes.

q). Okay. And what

A. 939

q. Did the tape begin with 939

another unit?

A. There were several other units and none of the

l{. Duffield - Recross - Mr. Connelly

were me.

Q. I'm going to start that again and would you

please --

A. Urn-hum.

Q. stop me and tell me, that's my unit, as so

as you hear your voice?

A. No, I heard it. There was 1 none of them wert

me

Q. Okay

prior to tape

(). But you actuall

\ orrect. .

Q. --that I just played?

Correct.

Q. And how do you know it's yor

By numb>r and that's my voice.

Q. That sounds like a (inaudible) bi

4

Q You identify your unit number?

Correct.

Q. And you hear yourself on that tape?

MR. CONNELLY: I'd like to admit the entire

THE COURT: Well, the tape has to show -- the tape

H{. Duffield - Recross - Mr. Connelly 6]

or

doesn't do anything for me. I'm not -- it had the reason f

the tape was to see if it refreshed his recollection into

to your question.

MR. CONNELLY: That's true.

THE COURT: As to when the stop took nlace.

The tape is not evidence. It's merely -- it's like «a repor

I'm treating it like a report.

MR. CONNELLX: Right.

l

THE COURT: What does he recall? Does it refres!

his recollection, if I'm understanding the question, as to

whether he called the stop in or requested for a backup

prior to the inquiry? Prior to the stop, let's call it.

MR. CONNELLY: Yeah, that's fine.

RECROSS-EXAMINATION BY MR. CONNELLY:

Q. Let me ask the question again. We started

with a question and then we had a break and now we're

back to the initial question. Or one of them was, what d

you radio that call in as?

A. Sir, I don't remember what I radioed it in as.

That last transmission, is what you're asking me what

that was?

[ don't recall how that was after the fact so I don't know

how I called it in, whether it was called in right away

not. But that right there was after the fact

Colloquy 62

Q. So you don't even know, based on this tape?

The first time you hear your voice is you're calling in for

an ID on Robert Lane?

A. A warrant check.

Q. A warrant check?

A. Yes.

* And that's the first time you hear your voice

1at 1s correct.

THE COURT: Presumably, the stop was three t

five minutes before that.

THE WITNESS: That is correct.

MR. CONNELLY: And -- okay. So

THE COURT: The question is, does anything about

that tape refresh your recollection about what you did just

prior to the stop?

THE WITNESS: No, sir. It does not.

THE COURT: Okay.

MR. CONNELLY: Well, I don't know that I hav:

the complete tape.

E COURT: Sir, you're -- there's not we're in th

middle of a Motion here.

MR. CONNELLY: That's right.

THE COURT: You presented this tape because you

A.

Colloquy 63

wanted to see if it would refresh his recollection.

It has not, apparently. Just as if you're producing a police

report and saying read it; does it refresh your recollection?

That's all it was presented for.

MR. CONNELLY: I understand, Judge. But I need

to present the rest of the tape now because I need to see if

THE COURT: What rest of the tape is there? I don't

know that -- he's not testifying there was any and the

State's saying they gave you what was part --

MR. CONNELLY: In this hearing, Judge, the

detective was asked whether he could --if he could recall!

the time frame with regard to the other units arriving on

the scene. He said he couldn't remember.

He was very unclear about that. I'm going to use the taps

to refresh his recollection as to the other units because

they may be on the tape.

THE COURT: Well, did you -- do any of those

sounds on that tape indicate that a vehicle was

responding to your location --

THE WITNESS: No, sir.

THE COURT: -- that you know ot

THE WITNESS: No, sir.

MR. CONNELLY: The tape's not over

Colloquy 64

THE COURT: What's that?

MR. CONNELLY: It's not finished.

THE COURT: Well, 1 don't want to hear the rest if

it's -- if what you -- the spot we left off was him asking ID

information on Mr. Lane. Obviously, that's well after the

stop. I'm concerned with the time of the stop.

MR. CONNELLY: I understand, Judge. It's not

obvious to me that he's got a -- he testified he has a

handheld radio. He could be standing there next to

Slater, for all we know, radioing in that warrant check.

What | want to know is, when did the otherunits

arrive and that's going to be on the tape. He was asked,

when did the other units arrive? He said, I don't

remember. it could have been five minutes. It could have

been 30 seconds.

THE COURT: What part of the tape are you going

to play now?

MR. CONNELLY: The rest of it.

THE COURT: The rest of it is all

: MR. CONNELLY: I stopped it. I stopped it on track

three.

THE COURT: Oh. So you're saying there are other

tracks that go back?

MR. CONNELLY: They go forward in time.

THE COURT: Forward in time. But what's forward

in time help me? I’m concerned with --

Colloquy 65

MR. CONNELLY: The arrival of the other units.

[t may not -- they may have arrived before.

THE COURT: I'm assuming from what I'm hearing,

sir, that there were no other units on the scene at the time

of the stop. And I think he indicated that.

Do you have anything on -- my concern, is there anything

on this tape that would refresh his recollection that there,

in fact, were units to help him stop the vehicle?"

MR. CONNELLY: I believe there could be.

THE COURT: Could be? On the tape, you're telling

me that shows that?

MR. CONNELLY: Yes.

THE COURT: Play that portion but it has to b

before what you just heard; doesn't it?

MR. CONNELLY: No. Because he may have

radioed a warrant check before the other units arrived

Isn't it possible?

HE COURT: Did you?

THE WITNESS: No, sir.

THE COURT: He's already testified he asked for th

WON HNDW S&B WN

Colloquy 66

that it was after. You're on a fishing expedition now.

I allowed the tape in because you told me it was

going to tell -- give me conversation at the time of the

initial stop and it might reflect his — refresh his

recollection. That was the limited purpose.

MR. CONNELLY: No, I understand, Judge.

That's fine. And that -- and

THE COURT: The tape doesn't do that apparently.

MR. CONNELLY: I'm done. I'm done with the tape.

But I am going to request on the record that the

PD provide the Defendant with a copy of that dispatch

tape that proves that -- he’s got the time that he made the

stop in the police report.

[ want the dispatch tape leading up to that time.

THE COURT: Suppose he didn't call anything in

How are the Boing to produce a tape?

MR. CD! LLY: I think it's highly unlikely,

considering his testimony about his training and

experience --

THE COURT: But you're fishing.

MR. CONNELLY: -- and experience, that he's not

calling in a stop.

Colloquy 7

THE COURT: You're fishing now. They've produced

the tape that you say you had the stop on. If you're saying

there's additional tape, then you have to ask that of them.

['m in a Motion here. I'm trying to decide this Motion on

what you're submitting.

MR. CONNELLY: (inaudible).

THE COURT: And you're submitting this tape, sir,

to tell me -- to allow me to have the witness refresh his

recollection. That was the limited purpose. Let's not forget

that. I'm not taking it as evidence. Nothing on that tape

is evidence to me. It's like the police report. It's not

evidence to me. He's using it to refresh his recollection.

Apparently, what you have here does not refresh his

recollection. It’s over as far as I'm concerned. I mean, |

wou!dn't let you read from the police report.

MR. CONNELLY: Fine. F underetind.

THE COURT: The rest of the a report.

MR. CONNELLY: But normally when you refresh

recollection, there -- the rule says that the witness has an

opportunity to hear the entire -- to read the entire

document.

MN)

nu & W

73 KJ pd ped feed pd pd fd pO ft

“SHUI BW MIR © WO CO ~ <

ph ped

Nr 2 © OO

mM Ph

Colloquy 68

THE COURT: I am only concerned, sir, with the

time period --

MR. CONNELLY: I understand.

THE COURT: -- of the stop.

MR. CONNELLY: And Your Honor, | accept

Your Honor's judgement on that issue but I object. I'd like

to play the whole tape for him.

THE COURT: Okay. That's -- the tape — from that

point on, it doesn't have anything to do wit bichagare his

recollection as to whether any on en vehicles were at the

scene or not, at the time he made the initial stop, inquiry

or whatever we're going to call it.

And I was -- for the limited purpose, based upon the

objection from the State, was to allow you to see if you

could refresh his recollection. That has not happened.

MR. CONNELLY: !'d like to present it as refreshing

his recollection on the sequence of events, after he radioe

to dispatch in regards to Robert Lane for a warrant, check.

That's all we really know. I believe there's more on the

tape. I'll leave it to Your Honor's --

THE COURT: More to show what? To show what?

MR. CONNELLY: All right. I'll withdraw it.

Colloquy 69

You've overruled.

THE COURT: Your point is, you keep talking and

you're saying there's more on the tape. I understan

there's more on the tape. The tape could go on for the next

three hours.

But the point is, that next three hours has nothing to do

with the initial stop.

MR. CONNELLY: The whole issue in this case is

when -- whether we have a stop and when

THE COURT: There we go.

MR. CONNELLY: -- so I think it's highly relevant

THE COURT: There you go.

MR. CONNELLY: That's my proffer.

THE COURT: And you're telling me that something

on the tape after he salted it in is going to say what --

anything about the stop?

MR. CONNELLY: Yes.

THE COURT: It's incongruent. You -- he's saying

when he called in the records check, he had already been

with the vehicle two to five minutes... 7

MR. CONNELLY: I understand, Judge, and that's

fine. I -- just overrule my request and it'll be on the record

and I'm fae with that, Judge.

THE COURT: Okay, got you.

WOnNAUWhWN re

Colloquy 70

MR. CONNELLY: Thank you. So the request then

to refresh his recollection with the entirety of the CD that

I've been provided, is denied?

THE COURT: Yes.

MR. CONNELLY: Thank you.

THE COURT: Because my whole ruling, again, was

to try to

MR. CONNELLY: I understand.

THE COURT: -- refresh his recollection as to the

time of the stop. I'm not hearing it is in evidence.

MR. CONNELLY: Which again, I would argue

respectfully, is that that

THE COURT: Well, I heard that. No.

MR. CONNELLY: -- that's the ultimate issue in this

case, Judge. So in any event, I have nothing further at

this time.

THE COURT: Okay. Are you ready?

MR. OSTROWSKI: We're ready.

THE COURT: Any redirect?

MS. WILSON: No, Judge.

THE COURT: Any recross?

MR. SANDILOS: No, Your Honor.

THE COURT: Okay. Do you have any other

witnesses?

Colloquy

MS. WILSON: I do, Judge, but

THE COURT: Okay.

MS. WILSON: -- he can wait until the —

THE COURT: Why don't we step back and I'll take

this plea, if you don't mind. And then we'll pick up again.

THE WITNESS: Am I excused, Your Honor?

THE COURT: Just for the time being, yes.

THE WITNESS: Thank you.

(Whereupon off the record to handle other matters

at this time and then return to the record in this matter

as follows)

THE COURT: Okay. If we could come in on the

Christopher Slater and Robert Lane matters. Do you want

to —_ on the door and see if Mr. Connelly can come in?

My understanding is -- back on the record in the

Christopher Slater and Robert Lane matters. My

understanding is, a were done with that officer; right?

MR. CONNELLY: Yes, Judge.

we THE COURT: And you have another witness and

that 1s!

MS. WILSON: Sergeant Farabella, Judge. It's

actually two more witnesses. I have him here and I

WOmoOnN DUS WNP

Colloquy

have Jason Vinzinski, also.

THE COURT: You have what?

MS. WILSON: I have two officers left. The one

officer is limited to just the search incident to arrest.

THE COURT: Okay.

MR. CONNELLY: = a witness, Judge. Okay.

Can -- are you available to maybe pick this up tomorrow

morning? Are you going to be ‘pad tomorrow’? Is he going

to be held over an (a gt gentleman?

MR. CONNELLY: Yes, Judge.

THE COURT: Are you avadiable to come in

tomorrow morning, Counsel?

MR. CONNELLY: I have to call my office. I dor

believe so.

MS. WILSON: I'm here but -

MR. CONNELLY: Maybe I'l!

[ can reschedule but I've got an

11:00 o'clock.

THE COURT: What's that?

MR. CONNELLY: I have an 11:00 o'clock i

Philadelphia tomorrow morning.

THE COURT: Okay. Because what I'd like to dois

give this an hour tomorrow and get -- are you available

tomorrow, Officer Farabella?

Sidebar

MS. WILSON: No, he's actually -OF‘¢

FARABELLA: Yes, sir.

THE COURT: Are you available at 9:00 o'clock

tomorrow morning?

OFC. F ELLA: Something just popped in

head. We're executing a warrant tomorrow at

9:00 o'clock, 9:30.

THE COURT: That would be a conflict. All right.

MR. CONNELLY: Judge, can counsel approach just

briefly?

THE COURT: Yeah.

MR. CONNELLY: All right.

(Whereupon a sidebar discussion commenced at thi:

MR. CONNELLY: I talked to the State and I think

she's willing just to give us back (inaudible) situation at

os time that the car pulls up behind the suspects. I don't

now --

THE COURT: Well, to tell you the truth, I'm ready

to make a decision now, quite frankly, unless the

State has anything to offer.

MS. WILSON: I was going to offer (inaudible).

HR. CONNELLY: (inaudible) but now the issue i:

(inaudible) but now the State's saying that

time)

WOON DUA WNP

Sidebar 74

THE COURT: I see the issue is whether there was a

-- whether a rope field inquiry was being conducted.

MR.S ILOS: But the State -- what I'm saying,

Judge, is the State told me that they

MS. WILSON: (inaudible).

MR. CONNELLY: They agree that it was a Terry

level stop, vehicle stop.

THE COURT: on mean an investigatory stop

MS. WILSON: Yes.

MR. CONNELLY: [nvestigatory stop.

THE COURT: Huh?

MS. WILSON: Yes.

THE COURT: You ain't going to win on that, from

what I've heard from this officer.

MR. CONNELLY: That's in their Brief.

THE COURT: I understand that. That's what

I'm getting at.

sca MS. WILSON: There's two (inaudible) in my

rief.

THE COURT: I understand. One's a field inquiry

and one's a invest -MS.

WILSON: Right.

THE COURT: And there's no field inquiries.

MS. WILSON: I don't know about that but |

Sidebar 75

(inaudible) a Terry issue.

THE COURT: If it's a Terry issue, then that means

that it was an investigative stop.

MS. WILSON: Correct. (inaudible) a Terry issue.

THE COURT: I understand that. I'm ready to hear

argument, if you want, but I don't agree. I don't think I

agree with you, is what I'm saying, based upon what I

heard from this officer. The question is whether you want

other testimony on the sooand to supplement your record

or either of you do. I'm not trying to cut you off.

MS. WILSON: (inaudible)

THE COURT: But I'm telling you, without me

hearing anything different, from het I've heard from this

officer, quite frankly, I don't believe -- and I'm going to put

it together in more concise terms.

[ don't believe there was a proper fieldingquiry. I think it

was more than that. Based upon the case law, it went well

beyond a field inquiry. And I think the officer's credible,

who I find highly credible, states that fact. Because what

he told us was, it was really an investigative stop.

And then when I get to whether it was a valid

investigative stop, I can't get there, quite frankly.

And I took that from the Briefs so that's what I was trying

to point out to counsel before to narrow it because I saw

that as the whole issue here.

Sidebar

Before he even smelled -- whether he can smell the

marijuana doesn't matter if you don't — if you can't sto]

the vehicle.

MR. CONNELLY: I agree.

THE COURT: And I thous ght | was making th:

that's what I needed to hear aenioay.

MS. WILSON: (inaudible)

THE COURT: And the officer did a great job.

He testified very truthfully, very credibly. The problem i:

for the case, what he teatified to doesn't lead me to the

fact that it was a proper investigatory stop, a basis for it

MR. CONNELLY: I (inaudible) investigator butif

ne State will stipulate to his report, that's fine.

[ don't need to call him. That does go to the issue

THE COURT: Well, the question is, do you wa:

just do argument tomorrow morning?

MS. WILSON: Well, I'd like to call Detective

“arabella, if I could.

THE COURT: Ok: ry. I don't know -- how is it going

to help you if it's contradictory to what this officer said?

Colloquy

MS. WILSON: It's not contradictory.

THE COURT: Well, if it's the same thing, |

telling you there's a problem.

S. WILSON: Okay. From my point of view, |

think there's a problem.

THE COURT: Well, I understand that. Well, it

sounds like where -- we need testimony. So he can't bi

here tomorrow morning.

(Whereupon sidebar discussion concluded at this time)

THE COURT: How about tomorrow afternoon at

1:30?

OFC. FARABELLA: Yes, sir.

THE COURT: Are you going to be available the:

MR. CONNELLY: (inaudible).

THE COURT: Well, I don't -- you're talking about

ome this off. If you want me to put it off until August

ll do t

MR ‘CONNELLY: No, I (inaudible).

THE COURT: I'm trying to be fair to but I need

everybody else to cooperate, too. limited time. We've be:

A ril now werre in talking about July and August

MR. CONNELLY: I'm not talking about

LJ W © ~s Cc Jt a= VA

a }- j2

—

=> Pd fd §.

coo a OS m

Ww) oe Ue

co“

Ww & WN

Tome om me,

10

jd fed fed fed

> WN

a

=

—

fd fund

o ~

16

19

20

Colloquy 78

(inaudible), Judge. | think that it's --

THE COURT: No. It's all of us have to agree.

I can't do this alone. I can't do it without her. I can't do it

without him. So I can't -- I'm willing to do whatever,

although I'm not staying late tonight.

R. CONNELLY: Here's what I propose. The

State said in their Brief (inaudible) stipulated that it v

a Terry level seizure --

R. SANDILOS: 1:30 is fine.

MS. WILSON: (inaudible).

MR. CONNELLY: (inaudible). Just have the -THE

COURT: No. You don't understand. That's good for

you but she wants to put on more testimony.

MR. CONNELLY: I'm going to object.

THE COURT: I have to let Be ut the testimony

on, especially if I'm probably going to findagainst her.

MR. CONNELLY: (inaudible). Can I make a quic!

phone call?

Colloquy 19

I don't think he's met either standard. And I'll go over it

tomorrow. I haven't -- you know, based upon the Brief, |

think there was a problem, thats why I was trying to

push resolution of it. But what we'll do is, 1:30 tomorrow

we'll take the testimony of the officer. I'll hear argument

If we need to move it to another -- until Friday to take

argument, whatever. I'm going to try to fit it in tomorrow

because I don't think it's fair to keep this thing sitting on

for another two months and I can't schedule it; okay?

MR. CONNELLY: (inaudible) my 11:00 is a hearin

(inaudible),

THE COURT: Yeah. Well, whenever you get her

MR. CONNELLY: [ can make 2:00.

THE COURT: All right. 2:00 o'clock, Office:

OFC. FARABELLA: Fine.

THE COURT: All right. Very good.

MR. CONNELLY: thank you, Judge

THE COURT: Okay.

(Whereupon the hearing concluded for the day

this time, to be continued May 28, 2009 at 2:00 p.m

STATE OF NEW JERSEY

CRIMINAL DIVISION

CUMBERLAND COUNTY

IND. NO. 08-11-1055

CHRISTOPHER SLATE! MOTION

ROBERT LANE,

ayes

| |

erendant'

lace: Cumberland County Courthor

Broad & Fayette Streets

Bridgeton, New Jersey 0830

ite: May 28, 2009

BEFORE

The HONORABLE ROBERT P. BECKER, JI

j.S.C.

TRANSCRIPT ORDERED BY

CATHRYN WILSON

PROSECUTOR

APPEARANCES:

CATHRYN WILSON, ASSISTANT PROSE¢

Attorney on behalf of the State of New Jersey

LESLIE SNOCK, ASSISTANT PROSECUTO

Co-Attorney on behalf of the State of New Jer

CHARLES P. SANDILOS, ASSISTANT D]

PUBLIC DEFENDER

Attorney on behalf of the Defendant

ALY, ESQUIRE

{ ; 4

c Defendar :

THOMAS CONNEI

alf f

THE TYPE-RIGHT-ER

Carol H. Vendzules, AD/

State of New Jersey, #26$

Phone (856) 881-2422

Fax (856) 494-7806

Recording Operato

M. R. Rainear

Colloquy 2

WITNESSES DIRECT C ‘ROSS REDIRECT RECROSS

STATE

DET. SGT. JODI FARABELLA

By - Ms. Wilson 6

By - Mr. Sandilos 24

By - Mr. Connelly 17

EXHIBITS IDENTIFICATION EVIDENC]

DEFENSE

D-1 Report of Mr. Cassidy

D-2S Complaint Against Mr. Lan

DECISION - 53

(Whereupon hearing continued from May ‘

2009, as follows)

THE COURT: Calling the matter of State vs

Christopher Slater under Indictment 08-11-1055 and al!

Robert Lane under that same Indictment. I don't see

Colloquy

ir. C ring here.

MS ILSON: Here's here.

MR. SANDILOS: He's here, Judge.

THE COURT: Okay. Well, we're ready now

he's —— out now? I got you. Okay. Once again

Counsel, your appearances, please.

MS. WILSON: Good ‘afternoon, Your Hono:

Cathryn Wilson on behalf of the State.

MS. SNOCK: Good afternoon, Your Honor. |

apologize. Leslie Snock on behalf of the State, as wel

a I had a funeral yesterday and I wasn't

available. I am second chair in this matter.

THE COURT: Okay.

MR. CONNELLY: Food afternoon, Your Hon

[homas Connelly on behalf of Christopher Slater.

MR. SANDILOS: Charles Sandilos for Mr. Lan¢

THE COURT: Okay. As we left off yesterday, \

had released the first officer, Mr. Harold Duffield.

And I think the State was going to be calling anothe

witness?

MS. WILSON: Yes, Judge. We have one mo:

witness; Sergeant Jodi Farabella.

THE COURT: All right.

MR. CONNELLY: And yen Xe just before we beg

1

testimony, can I -- I've spoken with Prosecutor Wilson

° ort

I've released him. I don't feel 11

like to enter that into evidence.

THE COURT: Okay. Is that son

to review?

MR. CONNELLY: It's already with Your Honor

can provide another copy. Well, I don't know if I ever ;

i copy of it.

It may have been marked but I don't think I ever

ta copy of it. It was not entered into evidence so | wor

not have looked at it.

MS. WILSON: Right. I mean, I don't think it

vidence, Judge, but I think -- I mean, I don't have

ybjection to you looking at it

THE COURT: Well, it sounds like it's going to b

now because you're saying -- what are the pertinent parts

f ~he report that I'm supposed to take into consideration

MS. WILSON: I think --

MR. CONNELLY: Judge, the report's offered to

iow that the parking lot, the Morris View Plaza parki

it is used by local residents for overnight parking

MS. WILSON: And I think there was testimony

1 Detective Duffield that that is correct so I don’t

LO that verng

THE COURT: Okay. T!

» take out of that report

MS. WILSON: -- considered 1

THE COURT: Okay. Yeah

MR. CONNELLY: Let the re

ounsel

yc WAT ’ ,

LILIS | YV | i

MR. CONNELLY: May I mark this Defense Ex}

THE COURT: Very good. Thank y

MR. CONNELLY: And I'd move

MS. WILSON: (inaudible)

THE COURT: It'll be admitted with

MR. CONNELLY: Thank you, Your |

CHE COURT: Yes

MR. CONNELLY: (inaudible) to the ¢

THE COURT: Very good. Thank you

MR. CONNELLY: Thank you, Your Hor

THE COURT: You want to 1 k tl

a, when you get a chanc

‘HE CLERK: Yes

THE COURT: Ok

ta.

WoOnnUWI RW Ne

pad

©

Ws

OFC. FARABELLA: Very well, si

THE ‘COURT: Could you please put your left han

on the Bible and raise your righ ht hand

DET. SGT. JODI FARABELLA, STATE'S WITNES

SWORN

THE COURT: Can you tell me your full name?

THE WITNESS: Detective Sergeant Jodi Farabs

THE COURT: And spell your last name

THE WITNESS: F-A-R-A-B-E-L-L-A.

THE COURT: Okay. Your witness.

MS. WILSON: Thank you, Judge.

DIRECT EXAMINATION BY MS. WILSON

Go. Detective Farabella, who is your employ

today’

A Millville Police Departme nt.

How long have you been employed by

Millville?

A A little over ten years

9. How long have you been a poli

gener al

A. Over ten years.

And what is your present assignment

().

A The Narcotics Division.

Q. How long have you worked in narcotics

A In and around narcotics for about seven years

Q Now, in your work in narcotics, have you

J. Farabella - Direct - Ms. Wilson

received any tri ining is far as identifying narcot

smelling narcotics?

A Yes, | have.

Q. And what kind of training did you rec

A. In the regular police academy, they burn

marijuana. We smelled raw mz arijuana. And just thr

my police training itself.

Now, have you had any t:

identifying certain possible CDS?

A Yes.

Q. Controlled dangerous subst

A Y es, [ h lave.

Q. And what kind of training have you h:

A. In narcotics investigation schools, unit scho

Just through those kind oF schools.

Q. And besides the police academ)

attended any Pg alized schools in narcoti

A a eesin Schools several times

Q ave you attended Top Gun

A No, I have not.

Q. Okay. Now, as far é as working

has there ever come a time where you need to

prostitution investigations?

A. Yes.

Q. And how many times over your ten y

believe that you've participated in or conducted y

J. Farabella : Dir ct

own prostitution investigation?

A. I would say I was in" probably over ten

investigations involving prosecution stings.

Now, are -- 1n your investigation, in your

training doing these investigations, is there certain types

of behavior that you would see when a john is trying to

solicit a prostitute?

A Yes.

MR. CONNELLY: I'm going to object. That calls for

a narrative.

THE COURT: Well, I don't know if that's wrong in

- it's not necessarily a reason not to ask a question;

because it would call for a narrative. You --

MR. CONNELLY: I'm going to object to it as

leading, a leading question.

MS. WILSON: I don't think it's leading, Judge

think it's --

THE COURT: Overruled. Go ahead

MS. WILSON: Thank you.

DIRECT EXAMINATION BY MS. WILSON

Q. Is there ever -- are there certain techniqu

that a john uses to solicit a prostitute?

A Ves.

Q. And what are those, in your experience?

A Some are circling during daylight hours, circling

J. Farabella - Direct - Ms. Wilson

multiple times. At nighttime, sometimes using a headlight

or brake lights. Just mostly circling. They observe them.

The prostitute may give a signa! back and things like that.

Q. Now, do all these always occur in every sing

case?

A Not always

Q. So is it fair to say there might be some

signals that are used in certain cases and not in other:

A Yes.

Q. Okay. Now, in your training, have you eve)

and in working in Millville for the past ten years, have

you ever encountered a person named Mary Bowen’?

\ Yes.

et And who do you Know Mary Bowen to be’

She

A is one of our prostitutes in. the center in the

City of Millville.

. Q. Now, have you r arrested her f

Prostitution?

A Yes, we have

Q. How ma

irrestec her or --

A Without

\). --have been with people who arrested he:

i I

Without looking at her sheet, I'm assuming shi

een arrested over ten times

J Farabella Direct - Ms. Wilson

And that would be for Prostitutio1

OOnNDWM & W

10

WON DUI RWN eR

Ww NJ

MR. CONNELLY: I'm going to object. Calls for

speculation.

THE COURT: Overruled.

MS. WILSON: Thank you.

DIRECT EXAMINATION BY MS. WILSON: |

| Now, I'm going to turn your attention to April

30 of 2008. Do you recall that date? Were you working?

A. Yes.

And specifically, | want to turn your attentio1

towards 11: 30 p.m. on that day. And were you working at

that time?

A. Yes.

Q. And were you working alone or with othe

officers’

A. I was with an undercover unit, with two othe

narcotics officers that day.

Who were you with?

A. etective Junior Duffield and Detective Joseph

Hoydis.

Yes And were you all in the same car?

es

Okay. Now, at that time on that date, did you

observe Mary Bowen?

J. Farabella - Direct - Ms. Wilson

Q. And where were you when you observed

Mary Bowen?

A. We were --

MR. CONNELLY: Sir, I'm going to object as

cumulative. All this evidence that he’s prepared to testify t:

has already been testified to by Detective Duffield and it's

cumulative and it's a waste of the Court's time.

THE COURT: Overruled. I want to make sure it’s the

same testimony.

MS. WILSON: Okay.

DIRECT EXAMINATION BY MS. WILSON:

I'm sorry, Officer. Where were you at the

time you saw Mary Bowen?

A. I believe at the time we were on Buck Street. We

watched Mary Bowen. We were circling the area. We

watched Mary Bowen. She was w alking west on Vine Str

1 believe, heading towards Columbia.

Now, when you observ ed this Mary Bower

were you positive it was Mary Bowen?

A. Yes.

Q. And eg seeing Ms. Bowen, what if anythi

did you decide to d

A. We decided “i circle and watch her and see where

she was going to go.

And what was the Ms. Bowen, what if

anything and watch her and see where traffic light a

at the time when you saw Mary Bowen?

J. Farabella - Direct - Ms. Wilson

A Very light

9. And while you were looking -- watching Mar

Bowen from your position, how far away were you from

MO RO RO RAO RO PR

UI & Ww

~

P)

NM Re

a pt pd pd

INU hm W

‘a N ¢

wt

PR es pt pt ps O-

Mary?

A. Very close, at one time passing her. And probably

observing her, probably 100 yards away

2. Now, while you were watching her, did

what if anything did you observe?

A. I watched -- we watched her go to the corner of

Columbia, at which time I seen a black vehicle pass her

and hit his back brakes.

Watched that vehicle circle the block, pass heragain

and then pulled into the Morris View Plaza parking lot

Now, you say that this vehicle tapped its

brake lights. Did that mean anything to you?

A. Yes. |

Q. And what did that mean to you?

A. At that time, I believed it was a signal to Mary

Bowen possibly having a john.

g. Now, after the car passed a second time,

where did the car go?

A. It went into the Marsh View Plaza parking lot

Q. Did .it -- did the car keep its engine on?

A It was parked. I'm not sure if the engine was on

2. kay. Now, at that time that you -- the car

pulled into the parking lot, what if anything did you

J. Farabella - Direct - Ms. Wilson

observe at that time?

A. At that time, we just observed Mary Bowen walking

closer to the car. And at the time, we thought it was

definitely going -- she was going to approach the vehicle

We moved in. She was probably about maybe 15 yards, 15

feet, somewhat within that range.

o That's how close she got to the vehicle?

A More or less 15 feet, I would say.

Q And then you pulled into the vehicle. Is th

correct?

\ Yes

Q. And where did you park; do you rememb«s

Directly behind the vehicle.

Q. And who was driving? Were you driving?

A Junior Duffield was.

Okay. And now, once you pulled behind the

vehicle, what if anything did you do?

A. I stepped out of the passenger side. Junior Duffield

went to the driver's side. Junior Duffield then made

conversation with the driver.

Within seconds, I believe, the bicycle unit pulled 1

Junior Duffield indicated to me that he smelled raw

marijuana and --

And upon hearing that, what did you di

anything?

J. Farabella - Direct - Ms. Wilson

de, just viewing and looking at the passenger

Q. Now, did the occupants remain in the

that time?

; Yes

' ih a :

ee a = “am ris Ar — L,

q). And at any time, did they exit the

10

A. Yes. Junior Duffield asked the driver to step out

of the motor vehicle, at which time Jason Vinzinski was

there. He's on the NCPU Unit on a bicycle.

He asked the passenger side to get out of his -the

passenger side, to step out.

And now, what were you doing at this time

while Duffield was speaking with Mr. Lane, I believe was

the driver?

A. Iwas more or less positioned near the passenger side,

just observing the two officers, what they were doing.

ow, you're observing. Did you observe

anything in particular that night?

A. Both individuals here were like kind of huddled

together in the vehicle, like crouched over the center

console are when they were in the vehicle.

Okay. So -- and then once they exited?

A. Yeah. Once both were exited from the vehicle, there

was a clear line of sight. There was, in my reason -- in my

experience, I believed it was cocaine in the front console

area in plain view.

Q. And where was it? Was it sitting on top

J. Farabella - Direct - Ms. Wilson 15

A. On top of the console.

Did you search the car at any time?

A. No. At that time, I just observed what I saw. I told

Detective Duffield, I believe there's cocaine on the console

° | And at the time you observed what you

believed to be cocaine, what if anything was done at that

time?

A. At both time, both were under arrest, placed unde!

arrest.

Q. Now, who placed Slater under arrest?

A. That would be Jason Vinzinski.

Q. And you were on that side at the tim:

correct?

A Yes, | was.

Q. And was there anything found on Mr. Slate

A. Yes, there was.

Q. And what was found on Mr. Slater, if you

know?

A. It was marijuana was found. Also some cocain¢

MS. WILSON: Okay. Judge, I believe that's all th

questions I have for Detective Farabella.

THE COURT: Thank you. Any cross?

MR. CONNELLY: Thank you, Judge.

CROSS-EXAMINATION BY MR. CONNELLY:

Detective, you mentioned you wert

passenger side of the vehicle and that Detectivs

J. Farabella - Cross - Mr. Connelly

Duffield was on the driver's side. Where was Hoydis?

A. Hoydis was with the -- Mary Bowen, the prostitute.

Okay. She was still, at that point how many

feet away from the car? I think you said ten, fifteen?

x Fifteen feet, I would say, give or take. Somewhere in

that.

Q. In what position was she, relative to you and

Detective Duffield? Was she behind you, behind your back,

towards the rear of the car?

A. At that time she was taken to, I believe, near the

corner away from the scene, probably 100 feet away from the

scene.

Q. Okay. But you said earlier that Vinzinski

arrived yefore you pulled the suspects out of the vehicle.

that ni ht?

A. res.

Q. Okay. And when you approache d the vehicle,

do you remember, did you have your badge?

A. Yes.

~. And was it visible?

A. Yes.

Q. And you had your firearm?

A. Yes.

Q. And when you approac hed the vehicle, did you

have your hand on the firearm?

A. No.

Q. Okay. Was it unfastened in your holster?

d. Farabella - Cross - Mr. Conne lly

There's no fastening. It's just the way it's observed

today.

Q. Okay. But the -- and do you mind standing up

so I can see?

A. Okay.

Q). And were you wearing a jacket?

A Yes.

+. Okay. And was the weapon visible?

A Yes.

a. I think you said earlier that you actually

circled the block?

A. Yes.

Q. And then (inaudible) to observe Mary Bowen‘

A Just to watch Mary Bowen.

Q. Now, if somebody had been watching you circle

und Mary Bowen, could they have suspected you of

MS. WILSON: Objection.

MR. SANDILOS: -- soliciting prostitution

MS. WILSON: Speculation, Judge.

MR. CONNELLY: She's asked speculati

questions all afternoon of this officer.

THE COURT: I didn't hear the speculative they

weren't -- to me they weren't speculative. They were factua

about what he saw. Your question is _ it again, just to

make sure I'm + we our cae

NEL Let ig break it down into

WONHAUNRWNR

J. Farabella - Cross - Mr. Connelly

couple of different questions, if I may.

CROSS-EXAMINATION BY MR. CONNELLY:

| , Detective, you said earlier today that you

circled around Mary Bowen and parked to observe her. Is

that right?

A. es.

You were in an unmarked vehicle. Is that

right?

A. Correct.

; Let's say there had been another set of

officers watching you circle Mary Bowen. Would that have

been suspicious activity, what you did in your vehicle,

aes

A. robably not because the whole department knows

what vehicle I drive.

Okay. But let's say they didn't. Let's say

they were, you know, Federal police.

A. But I didn't go by Mary Bowen and tap my brakes.

' Okay. So your position is at the time that you

were there at the stop, basically the only thing that

differentiates a -- the suspects as -- in terms of potential

johns from any innocent person on the street, is the fact

that mer -~- heir brake light? Is that right?

A. I don't understand your question.

. Well, you were --

A. uring my investigations doing this --

J. Farabella - Cross - Mr. Connelly

-- weren't looking for a prostitute; right?

Were you?

I'm sorry?

ah You weren't looking for a prostitute that

The three of you in the car, were you johns?

A. _ To be honest with you, when I come to work I'm

looking for oo and everything.

ra) o. I mean --

A. I don't know what I'm looking for.

” ,& - were you looking to hire a prostitute that

night:

THE COURT: Listen, you're becoming argumentativ:

sir. I think he's answered the question.

MR. CONNELLY: I'm sorry, Your Honor

THE COURT: Okay.

MR. CONNELLY: Let me finish with this

line. Were you there to hire a prostitute that night?

MR. CONNELLY: Sir, you're being

argumentative.

MR. CONNELLY: I'll rephrase.

CROSS-EXAMINATION BY MR. CONNELLY:

You testified earlier that you circled around

Mary Bowen. You also testified earlier that one of the

facts that you consider in identifying potential Johns,

the Defendants, was that they circled Mary Bowen

(inaudible).

A.

night.

A

WOMNODUWRWNe

J. Farabella - Cross - Mr. Connelly

The activity you also did, an innocent person. My

on is and my question is, the only thing that

indicated to you that these guys were looking for a

rostitute was the fact that they tapped their brake light?

s that correct?

A. And circling twice.

; Okay. So they circled one more time than you

did and tapped their brake?

A. Correct.

“4 And that's it; right?

A. at's all I needed to see or observe.

Q. Okay. And you just testified that Vinzinski

ee ty Bowen. Is that correct?

0.

_ .

Who stopped Mary Bowden? Hoydis. Hoydis

stopped Mary Bowen:

A. Correct.

Q. All right. So she's there obviously. And you

claim you saw a transaction for sex about to occur or in

the process of occurring. Is that right?

A. genet it was going to occur.

ecause according to you, the communication

to her was the brake lights and then she's approaching the

vehicle; right?

A. irmative. Correct.

All right. So if you're looking to bust a

prostitute for potential johns, why didn't you let that

J. Farabella - Cross - Mr. Connelly

21

transaction actually happen?

THE COURT: Sir, I -- let -- you have to stand

near the microphone. Our -- we're just -- we're not going to

ick this up. Because we've been listening to some tapes

ately and unless -- when you walk away from the table.

it doesn't pick it up.

MR. CONNELLY: You had mentioned that,

Judge. I know. I'm sorry.

THE COURT: Yeah, it just doesn't pick it up

CROSS-EXAMINATION BY MR. CONNELLY:

So what -- you didn't arrest them for

Prostitution or Solicitation; did you?

A. To answer your question, once those two connect,

it might change ies investigation. It might tell that officer

that I'm a friend and then I'd want to have them separated.

That's what I wanted. I want to see if I can, through

my investigation, show that he is soliciting a prostitute. If

not Prostitution itself, I've got him Loitering for

Prostitution in. that area, in a Weed and Seed area.

‘ Well, you agree you'd be better off getting

him on Prostitution, actual Solicitation; mght? | mean,

that's --

A. I can't answer that. What -- you're telling me what's

better?

™ J. Farabella - Cross - Mr. Sandilos

Q. Well, so what you're sa ing is you would I don't

understand your answer. Why dias t you arrest Mary

Bowen for Prostitution?

A. The deal didn't go down.

| Q. It didn't go down because you interrupted it.

So my question is, why did you interrupt it? Why not let it

5° down? You're investigating prostitution. __

You're saying I'm investigating prostitution. I'm

investigating anything or anything at that time. I believed

that was -- could have been a prostitution deal.

0. l right.

A. ary Bowen is the target that we looked at. Mary

Bowen is the target of numerous criminal activity.

Q. Okay. Then let me get this clear. The reason

you stopped Defendants in their vehicle was because you

suspected --

A. Correct.

-- them of Soliciting Prostitution

A. Correct.

Q. Is that right?

A. Correct, at that moment.

MR. CONNELLY: I have no further questions

Thank you.

CROSS-EXAMINATION BY MR. SANDILOS:

Detective, very briefly; when you saw the car

hit its brake lights, you then -- you saw the car then

J. Farabella - Cross - Mr. Sandilos

23

0 into the parking lot. Is that correct? |

I believe it circled maybe one more time and then

went into the parking lot.

| And when it went into the parking lot, you

followed it in. Is that right?

A. That's correct.

Q. And when I say you, I mean the three of you

in the police car.

A. hat's correct.

Q. And when you parked, you parked behind th.

vehicle that Mr. Lane and Mr. Slater were in. Is that

right?

A. That's correct.

Now, the amount of space that — and

Detective Duffield was driving at fiat point. Is that right

A. That's correct.

When he parked the car behind Mr. Slater

and Mr. Lane, he parked it in a way that it was fairly

close to Mr. Lane's vehicle. Is that correct?

A. I know he pulled in behind him. I don't know the

feet. You know, it was fairly close.

Q. Okay. And it was close enough where Mr.

Lane was not going to be able to back out or -- and leav:

Is that mght?

A. That's correct.

Q. In fact, the three of you got out of your

J. Farabella - Cro; Mr. Sandilo

.)

24

ehicle and Detective Duffield approached the driver

ide and you were on the passenger side. Is that corr

That's correct.

( And I think you said Detective H

o there and he was near you, as well?

Yeah. He went right to Mary Bowen

Q). Okay. And then an Officer Vin

Is that correct?

That's correct.

Q@. Now, Detective Duffield was the

or talking with the driver. Is that right?

| \ That's correct.

13 Q. Were you able to hear any of the conve!

14 between Detective -- I'm sorry Detective Duffield and

1S __ the driver?

Lt A I didn't hear much of the conversation

17 Q). Okay. Were you able to hear anything

18 Mr. Lane explaining how he dropped his telephon:

19 \ I did not hear that.

) Q). Okay. Did you hear anything else, any othe

communication between Detective Duffield and Mr. Lan

\ I did not.

Q When we had asked a series of question:

with concerning with Detective Duffield about his not}

Ms. Bowen. You noticed her, as well?

~. AA &

| Vi a7

J. Farabella - Cre

an

\) You dl

tter; did you?

No, I did not

(). Would it be fair to say that then whi

when Detective Duffield pulled the car in between her

back of Mr. Lane's vehicle, that Mr. Lane was not fh

leave. Is that correct?

At that point, he was not free to |

Q So he was in some type of

t. Is that correct?

That's correct

A) Now, d

rt today?

Yes

Q) Okay And y

this matter. Is that right?

| A What I observed was told to Junior Duffield at

19 time. I review his reports and it was factual of what |

him. I was --

q. But you didn't writ

No, I did not.

Q. Okay. .So what he put into his report

1 and po:

4 4 arvnen, a conference that he had with you

Detective Hoydis. Is that correct?

26

A With me. I couldn't say Detective Hoydis

J. Farabella - Cross - Mr. Sandilo:

26

Q. In the course of your investigation, you k

or you learned that Mr. Lane lives in the 500 block ot

Columbia. Is that correct?

A. When did I know that he lived live: I'm

Q. Well, did you learn that?

A I found out.

9: Yb, the course of your investigation

ea

A. h. I found out later he -- where he used to liv

yes

Q. Okay. And I believe the address that he li

at was 517 Columbia. Is that correct?

A. I'm not sure of the address

Q. Okay. If I show you the ¢ om pli uint in th

matter, would that refresh your recollection as to hi

address?

A Yes.

3 Okay. And I'm talking about specifically

April 30 of 2008

A. Yes.

Q). Okay. I'll show you what's marked as D

That's a Complaint charging Mr. Lane with variou

offenses. Is that correct:

A Yes, it ts.

(). Okay. And looking at that C omplaint, do

that refresh our recollection as to Mr. Lane's addre

April 30 of 2008?

J. Farabella - Cros: Mr. Sandilo

27

A When he was arrested, yes, that's the addr

Pave.

(). Okay. And it was placed in ther

his address was. Is that correct?

A Yes. It's right here.

(). In the caption. All right. So Mr. Lane

address was 517 Columbia Avenue. Is that right?

A. That's the information he gave to the proce:

officer of that address. Correct.

Q). When Detective Duffield approached the

driver's side of the vehicle, he had asked -- or did you |

him ask the -- Mr. Lane to roll his window down?

A I don't recall.

Q. Okay. Did you ever hear him -- did he

any motions for Mr. Lane to roll his window down

A [ don't recall.

Q. Did you -- do you recall whether or n

Detective Duffield asked Mr. Lane for his name?

A. It doesn't ring -- | mean, I'm sure that's the f

thing he's going to ask but I didn't hear it because [ v

on the other side of the vehicle.

y All right. Do you remember Detective

Duffield -- strike that. Did you -- | know you wer

clothes that night. Is that correct?

A. That's correct.

ory?

W he

qd I)

VM Ln i

Do you rec

| 4

t neck O1 Mr }

| »

| , T L rec | i 1 "

an

> o

/ iL W

ipp¢ nec

He might

ow, he was d

ibly doing 7 nrery

nada +} ngs re ti

Yy Did ¥

i ~~ | rte

[HE COURT: Thank

MS ‘WIL SON: JJ idge n have one qui

EXAMINATI BY MS. WILS«

fs / f I< Y | | | " ' ' ‘

MS. WILSON

se Mr. Connelly spent a lov of time

ive Sto pe “J before Ms Bowe n vot

THE ¢ OU JRT: U'll allow the questior

THE WITNESS: Yes, it's proactive |

Junior Duffield ex] lained it. We're i

id Seed area. We go to town rs a centers, «

hey re very the commissioners, we attend these

eeluings. They want us to be more proactive. Ma

she's been arrested many times for Prostitut

e just trying to be

4

hat's going to hi

MR. CONNELLY

- redirect about proacti oli

THE COURT: I know what y

1 trying to prove that I'm

rit the first four times

CONNELLY: Well

t Yt + |

IR. CONNE]

( LJK

MR. CONNELLY: |

HE COURT: Any

iS. WILSON: No. .

HE © JURT: Officer, |

HE WITNESS: Thank

MR. SANDILOS

THE COURT: O}

MR. CONNELLY

MR. SANDILOS

HE COURT: Ok

at tina?

‘ At

rOWoU |

S| > LX

ir V+

\

’ t

1 +}

1 tne ]

LI

\

:

was S|

W ¢ ] in)

t hh S } C ry ¥

q

ITV Sto] } T

? ~ ?

~ i YOCoLlY t ry

isn't a motor vehicl

} J 7

eady stopped. Lhis \

- ,

UnKINP Uf (

lin order | \ -

things. Firs | S

Line SCCOIl l ]

h

[ must De SOI

= ta '

tial interterel

by

Om tne

me sort of intrus}

i right to leave

Jow, here what we nave s Detectiv: Duthe

tective Sergeant Farabella, who together have 22

law enforcement experience. They were working

gether in a van, w: atching Mary Bowen

Who they both testified that the ‘y kn

evlous prostitution investigations, as we Il as pers

esting her for prostitution on numerous occasions

They both testified that there was no doubt in

id this was Mary Bowen. ' Is 11:50 p.1 it ni

Weed and Seed district

Which they testified

Court as to what a Weed

signi fic: os of that is

Ne WwW then the yy SCE M: iry Bowen, tl

?

vho she is. They see the Defendant's ca r drive by, t

rake lights, drive past Mary Bowen slowly. Circle t

ck, once again drive past Mary Bowen slowly

d pull into a neighboring parking lot and st

Now, then see Mz ry Bowen w: alk | towards t

£\ 3

nd they let her get within ten to fifte

tigate

lefendant's car

erry stop

Now, taken e, these facts mig!

ey might be innocent and that might be the «

at might be the case for the Court, myself or «

yuunsel. That we would think all these things

nocent acts

But how ever, glven De Li

irabella's vast experience

vell as their investigation

ostitution

As well as knowin

district they were in and the Defendant

rake lights. All together, they made ara

1at some thing was going down

They infe rre .d from what they saw and tl]

wen was involved. That these individuals, t]

> Defendants, were trying to rete ite Mary Bowen for

some sort of sex act. That's whi it they bell leve d as tral

fficers and —. what the C ourt needs to loc -

AIL CTI.

No ww, this might have bec en a com} yletel

MM ary Bowen wasn't in the equat

1at belNn

was just a normal female on the street

activity occurred, we might have a

Argument - M

erent situation here

Now, we also might

these weren't the officers involved

defense counsel were sitting 1

ame situation

Now, we might just see a

looking for a parking spot. But t

officers see. That's not the rat

from this situation

Now, they also don't

ict occurs to stop, once they

vhich they did here

Now, once they believ

suspicion, they approached t

investigatory stop.

Now, the scope of this was fairly brief. The

initially to speak with the driver. Detective Duff

testified that he spoke to the driver for under fiv:

when he noticed the smell of marijuana

That's when it escalated into a probable

to arrest at that time. They- asked them out of the

und that's when Sergeant Farabella observed in pl

ew the cocaine on the center console

Which led to the arrest of the Defendai

timate search incident to the arrest of the

Pu) fed feed bed feed bed feed bed ee fd

lefendants, which led to the result recov '

re cocaine, as well as cash on their persons

Now, this whole transaction, Detective Duffis

testified, from the sight of Mary Bowen to the end of t

when they were arrested, lasted ten minutes at the n

That's what he testified to yesterday

Now, this was a quickly escalating investigatory

stop that resulted in the arrests. Now, but for the sme

marijuana, they probably would have drived [sic] away

Now, we're speculating at that point but I don't ss

anything from their testimony that indicated they wou

have been held, but for them smelling marijuana wit!

that less than five minute time frame.

So Judge, the State's point of view is, this was

valid investigatory stop. While we might think these

are all innocent, what we need to look at and what the

Court needs to look at is whether these officers belie’

was reasonable to stop that vehicle at that time

And I believe, Judge, there's significant fact

record that there was a reason to stop this car an

investigate further. And the drugs should not be

suppressed and neither should the money. Thar

Judge.

ee ee)

. o ~ 2

+= AY ie -

> fd fed pd p

“ 4 -r ~

, 4

+

Argument - Mr. Connelly

MR. CONNELLY: Thank you, Judge. ['ll

brief. Now, on one point I think the State and I «

r agree and that is that this stop was at least a T

evel seizure of the Defendants, at least.

I would argue, Judge, that it was beyond that. Whi

uu have three armed police officers surrounding a vehi

and accosting another alleged perpetrator of crime

You have a police vehicle boxing in the subject

vehicle with no way out. You have an arrest. That's --

don't know what else to call it. They had everything but

the handcuffs on them at that point. They weren't goit

unywhere.

Anyway, as I said, I believe it was a full seizure a1

they -- but the real point in this case is, the police didn't

have justification to interfere with Defendant's privacy

rights and their rights to be left alone at any point and

any level. They had no right to accost these Defendants

And | -- and the reason is, I'll just refer Your Hon

to Detective Duffield's testimony at page 34 and 35

isked Detective Duffield on cross-examination --

MS. WILSON: He doesn't have a copy of that

MR. CONNELLY: Oh, you don't have a cop"

Well, I'll just quote it, if I may, for the record

Argument - Mr. Connelly

[he question was by me to Detective Duffield; “Is

fair to say the oaly indication that you had that th

was some sort of prostitution transaction going o1

there's a typo.

“Was that the -- that some brake lights wer«

flashed and the subject vehicle pulled into a parking

spot?" Answer by Detective Duffield; “That would be f

to say." And there's some additional but that sums it

for you, Judge

The evidence that they had, even with their

experience and training as police officers, was nothit

They had no level of suspicion that would justify any

interference with these Pichecihaiat’s rights, period, er

story.

The report that Your Honor has by Mr. Cassi

details that the Morris View parking lot is used by

residents in the area to park overnight.

Detective Duffield testified he thought thers

other vehicles in that parking lot, presumably from

private individuals at that time on the scene, He co

quite recall.

We find out, and it wasn't in the officer's head

time but we find out that in fact, Defendant Lane lives

only blocks away. And again, you heard Detectiv:

Sergeant Farabella's testimony that they circled Mary

Bowen once before they parked to surveil her

Argument - Mr. Connelly 42

My point there was that basically, the only facts the

State can point to that suggest that anything illegal is

going on, is that the block was circled, that the vehicle w

parked and that some brake lights flashed.

I haven't heard anything that would indicate to me

or I think to the Court, how flashing of the brake lights i1

yursuit of a prostitute is any different from applying the

fiaieas to slow the car down for any reason.

For example, to negotiate a curve if you're circling

block and then to park. I do it every day in Philadelphia

Detective Duffield also testified that he has seen o1

has experience where private individuals, clearly not

johns, not attempting to solicit prostitutes, will put int

parking spot in a high prostitution area.

And they'll be solicited by a prostitute. They'll bs

approached. It's not evidence but (inaudible) argument

but Mr. Cassidy had that actually happen to him in

Millville.

Somebody jumped into his car. He said; "Who ar

you?" It turns out she was a prostitute. He asked one

the residents if she knew her.

But the real point here, Judge, is you've hea

testimony today, is that they were

Argument - Mr. Sandilos

investigating -- and by Detective Duffield previously)

1e testimony is, they were investigating a

suspected transaction for sex. The strongest evidence tl

that's -- that it was that civil pretext aaa it was not the

real reason that they were -- my client was stopped and

Mr. Lane was stopped.

Is that they never arrested Mary Bowen for

Prostitution. Even if they were proactively policing «

whatever they call it, you heard Detective Sergeant

Farabella say well, the best way to prevent prostituti

to take the prostitutes off the street.

Or something to that affect. If they had left her -

her approach the car, maybe seen some money change

hands, her get into the car or them go off to an area wh

it was more private, they would have had their case

They could have arrested all three of these

individuals for Prostitution and put them in jail and th

there's another prostitute off the street. Two more johns

off the street. But they didn't do that.

They wanted a reason to take down these

Defendants. They had no idea there was -- there we

drugs in the car. They didn't have a valid reason to st

them. They wanted to find it

And they come up with these flashing brake lights

and circling post-arrest to justify their actions. Which

were, in my opinion, entirely illegal.

°}

Argument - Mr. Sandil

[hank you, Judge.

THE COURT: Thank you.

MR. SANDILOS: Your Honor, we know that tl

issues here are basically what actions did the polices

engage in?

And we also know from reading the case law out

there and especially in State vs. Davis, that we can go

from a field inquiry to an investigatory stop to an arres

And it can happen fairly quickly.

We also know that, from State vs. Davis and also

Florida vs. Royer, that engaging in a field inquiry, that

the police officer can stop a citizen on the street and ask

them what their name is.

And ask them where they live and ask them about

their business. But we also know that the person can

refuse to speak and we know -- or can refuse to answer

those questions.

nd we also know from those questions that the

person not only can refuse to answer those questions bu

is supposed to be given a way out, so that they are not

confined.

So that they are free to leave whenever they so

choose. The reason that you have the field inquiry is so

the police can -- the police officer can go up to the perso!

and ask them a question.

Going into what the Prosecutor claims happen:

was that this, there 'was no field inquiry.

Argument - Mr. Sandilos

That this was really an investigatory detention.

Means that there has to be some kind of reasonabl:

and articulable suspicion that there was some criminal

activity afoot.

he problem ts that when you listen to Det.

Duffield's testimony, you don't have that. And his

testimony -- and I think he was a credible witness. He

answered our questions. He wasn't argumentative wit]

us.

And [ think he was pretty well forthright in

answering the Court's questions, as well. The Detective

tells us that he notices this person named Mary Bowen,

who's known to be a prostitute, walking down the street.

Now, he also tells us that she's not somebody that h«

knows -- or that it's not -- as she's walking down the

street, she's not doing anything that raul arouse his

suspicion, except for the fact that she's Mary Bowen.

The second thing is, she's not dressed provocatively

or walking in a way to attract business, so to speak.

She is also not engaging in any other activity that would

arouse his suspicions, such as bend-- you know, looking fot

Cars.

NON NO

Wm bw

Nh

op)

WOn DUIS WN Re

Or standing on the corner for anyone time or

anything like that. He also then says that he claims

that Mr. Lane was driving by and that he flashed his

Argument - Mr. Sandilos

brake light.

And then pulled into -- went around the block

pulled into the parking lot. He asked Mr. when he

approached -- eventually, when he approaches Mr. Lane,

as to why he was doing that.

Mr. Lane tells he him was -- I dropped my cell phons

and I pulled into the parking lot to look for it, to pick it up

ow, that’s a fairly credible reason as to why he

pulls into the -- and I'd sa

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.