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Criminal Defense Lawyers - Trial Transcript

Superior Court of New Jersey
Criminal Division - Middlesex County
Indictment No. I-139-01-98

State of New Jersey, Complainant, vs. Transcript of Proceedings Betty Riles, Defendant.

Place: Middlesex County Courthouse
One Kennedy Square
New Brunswick, New Jersey
Date: March 24, 1999

Before

Honorable Frederick P. De Vesa, J.S.C., and a Jury
Transcript Ordered By: Allan Marain, Esq.

Appearances

Raymond Storch, Esq.
Middlesex County Assistant Prosecutor
Attorney for the State
Allan Marain, Esq.
Attorney for the Defendant
Kathleen Sperduto, C.S.R., R.M.R.
Official Court Reporter
Middlesex County Courthouse
One Kennedy Square
New Brunswick, New Jersey

Index
  1. State Witnesses Direct Cross Redirect Recross
  2. WILLIAM EWING
  3. By Mr. Storch 3
  4. By Mr. Marain 14
Ewing - Direct 3
  1. MR. STORCH: Yes. The State would call Detective William Ewing.
  2. THE COURT: Okay.
  3. WILLIAM EWING, called as a witness on behalf of the State, being duly sworn, testifies as follows:
  4. Direct Examination By Mr. Storch:
  5. Q - Good afternoon, detective.
  6. A - Good afternoon.
  7. Q - Detective, where are you employed and in what capacity?
  8. A - I'm a patrolman with the City of New Brunswick Police Department.
  9. Q - Okay. Directing your attention to December 4th, 1997. What capacity were you working then?
  10. A - I was a detective with the Anti-crime Unit.
  11. Q - Now, the Anti-crime Unit, what kind of unit is that?
  12. A - It's mainly for narcotic surveillances and arrests.
  13. Q - I see. How long were you a police officer?
  14. A - Approximately ten years.
  15. Q - And how long were you in the Anti-crime Unit?
Ewing - Direct 4
  1. A - Approximately five years.
  2. Q - Did you take any special training when you were in the Anti-crime Unit?
  3. A - Yes. I went to a state police narcotics school as well as a Bergen County top gun school and just the experience in working on the streets with the Anti-crime Unit.
  4. Q - Approximately how many arrests did you make?
  5. A - Over a thousand.
  6. Q - Now, directing your attention to December 4th, 1997 at about 11:30 a.m. Where did you go basically?
  7. A - I was in the area of Henry Street, 15 Henry Street which is a street right off of Route 27.
  8. Q - I see. And what was your purpose to going there?
  9. A - We had information that people were selling narcotics in that area. So I went to that area to find a surveillance point.
  10. Q - Where did you -- and did you find one?
  11. A - Yes.
  12. Q - Where?
  13. A - I was in the area of 15 Henry Street.
  14. Q - And what kind of an area is it? Are there houses, stores?
Ewing - Direct 5
  1. A - It's a -- there is apartment buildings on Henry Street but they're all abandoned.
  2. Q - Okay. 15 Henry Street, what kind of a building was that?
  3. A - It's a multiple apartment complex. There's many, many rooms in that in Henry Street.
  4. Q - Is it occupied?
  5. A - No.
  6. Q - Okay. What floor did you go to?
  7. A - Second floor.
  8. Q - And did you use any device that would help you to see better?
  9. A - Binoculars.
  10. Q - Okay. So, when you set up on the second floor with your binoculars what did you see?
  11. A - I observed --
  12. Q - Could you keep your voice up?
  13. A - Sure. I observed Tanya Burgess. She was standing in the middle of the street in 15 Henry Street and there was other people in the area, but there was a lot of abandoned cars in the area, and there's gentlemen working on the cars, fixing up the cars, and at one time I saw at one point I observed -- she was later identified as Pamela Williams walk into the area and they had a short conversation, they went across the ...
Ewing - Direct 6
  1. ... street into a grocery store and they came back, and at one point Tanya Burgess pulled out a packet of heroin out of her fifth pocket of her pants and handed it to Pamela Williams and in return she received cash.
  2. Q - Now what do you mean by the fifth pocket of your jeans?
  3. A - The small change pocket in the jeans in the front of your pants.
  4. Q - Okay. Could you maybe just show us?
  5. A - The small pocket in the jeans. (Indicating.)
  6. Q - Okay. Now, you have binoculars to see this?
  7. A - Yes.
  8. Q - And what exactly did you see?
  9. A - They pulled out a packet of heroin and handed it to Pamela Williams and in return she received cash.
  10. Q - Okay. And what, if anything, did Tanya Burgess do then?
  11. A - She walked over to a car that was parked in front of Henry Street, 15 Henry Street and Ms. Riles was in the vehicle and she received the money that she had just gotten.
  12. Q - Okay. What happened then?
  13. A - Ms. Riles gave Tanya Burgess some more packets of heroin and Tanya held the packets of heroin in the hand. There was four packets.
Ewing - Direct 7
  1. Q - How could you tell it was four packets?
  2. A - With the binoculars. I could tell. She had them in the palm of her hand. She was counting them herself.
  3. Q - So you saw her count four packets?
  4. A - Yes.
  5. Q - Okay. And who gave that to her?
  6. A - Ms. Riles.
  7. Q - Okay. What happened then?
  8. A - She went back into the area of the street and -- and that's when another gentleman came up was Mr. Gregory, Eric Gregory, and they had a small conversation, and Ms. Burgess held out the packets of heroin in her hand and Mr. Gregory picked one of the packets of heroin out and held it up to the sun, flicked it to see if the package was full, if it was a good package, and he kept the package and in return gave Ms. Burgess cash.
  9. Q - What did Ms. Burgess do then?
  10. A - She went back to Ms. Riles and Ms. Riles she give her the money, but I guess Mr. Gregory needed change so Tanya or Ms. Riles here was trying to get into her pocket but she couldn't so she got out of the car and gave Ms. Burgess some change and in return she gave the change to Eric Gregory.
Ewing - Direct 8
  1. Q - So Ms. Riles had difficulty getting something out of her pocket?
  2. A - Right. She was in the car so it was easier to get out and get into her pocket.
  3. Q - And you saw money?
  4. A - Yes.
  5. Q - And you saw money come from Ms. Riles?
  6. A - Yes.
  7. Q - And then what happened?
  8. A - And she cave it to Ms. Burgess and in return gave the change to Mr. Gregory.
  9. Q - Okay. Now, what -- Ms. Williams, what was she doing when all of this was going on?
  10. A - She was in a parked car that was in front of Ms. Riles, and it was an abandoned car and she was sitting in the passenger side of the vehicle snorting the bag of heroin.
  11. Q - Could you see that?
  12. A - Yes.
  13. Q - Okay. And after you saw the change incident did you make any kind -- kind of communications to other officers?
  14. A - I advised my lieutenant, Lieutenant Schuster of the situation and other individuals of the Anti-crime Unit to come into the area, and as they would do that I ...
Ewing - Direct 9
  1. ... would give a description of the people involved and where they were on the street.
  2. Q - Did you have a radio?
  3. A - Yes.
  4. Q - Okay. Now, while you were waiting for your back up officers to come in did you see anything else?
  5. A - Well, as she pulled into the area Ms. Burgess was walking back over, she was by Ms. Riles and Pamela Williams and she was showing Ms. Williams more packets of heroin, and when the officers came in she dropped a couple of packets on the ground.
  6. Q - Now, Ms. Williams was in a car in front of Ms. Riles, is that correct?
  7. A - At one point, yes. And at one point she got out and jumped in the car with Ms. Riles.
  8. Q - And while she was in the car with Ms. Riles Ms. Burgess came by?
  9. A - Yes. And she was standing outside the car conversing and showing Ms. Williams a couple more bags of heroin.
  10. Q - And then the officers came?
  11. A - Yes.
  12. Q - And what happened when the officers came?
  13. A - Like I said before, when she pulled up Ms. Burgess dropped a couple packets of heroin that she had in her ...
Ewing - Direct 10
  1. ... hand on to the ground and she was placed under arrest. She also had another bag in her fifth pocket.
  2. Q - What officer made that arrest?
  3. A - Bobadilla.
  4. Q - Okay.
  5. A - And when she stopped Eric Gregory the package he had purchased, he had opened it, he was going to do it, and when the officer came he dropped it on the ground and the product fell on to the road.
  6. Q - Okay. Okay. Who of the people you mentioned were arrested?
  7. A - Eric Gregory, Pamela Williams and Ms. Riles.
  8. Q - How about Tanya Burgess?
  9. A - And Tanya Burgess.
  10. Q - Okay. Now, they were all arrested?
  11. A - Yes.
  12. Q - And the substances, would you call that heroin, was that retrieved?
  13. A - Yes. Not from Eric Gregory. It went on to the ground and it was destroyed when it hit the ground.
  14. Q - But there were packets that Tanya Burgess
  15. had?
  16. A - That's correct.
  17. Q - Do you know how many?
  18. A - Three.
Ewing - Direct 11
  1. Q - And where were they?
  2. A - She dropped two and she had one in her fifth pocket, and the other one that she had, she had four all together, she sold one to Pamela Williams. That was the bag she was smoking outside. It was a total of three.
  3. Q - Okay. Now on the scene Tanya Burgess was read her rights, is that correct?
  4. A - I believe so.
  5. Q - And what if -- did --
  6. A - Well, Lieutenant Schuster said that she was read her rights at the scene because I was still in my surveillance spot, and when I returned to headquarters he said that she was read her rights, she understood her rights and said that she was selling heroin for Ms. Riles.
  7. Q - Okay. Now, the people that you saw, did you know who they were before you --
  8. A - No.
  9. Q - -- observed them?
  10. A - No.
  11. Q - You later identified them?
  12. A - Yes.
  13. Q - After they were arrested?
  14. A - Yes.
Ewing - Direct 12
  1. Q - Okay. Now, was any -- was any drugs or anything found on Ms. Riles?
  2. A - Just cash. No drugs.
  3. Q - How much cash?
  4. A - I believe it was a hundred and twenty-four dollars.
  5. Q - Okay. Now, do you see in court the lady that you call Ms. Riles?
  6. A - Yes.
  7. Q - Could you point her out?
  8. A - The lady sitting at the end of the table next to the attorney. (Indicating.)
  9. MR. MARAIN: The record can reflect he has identified Betty Riles.
  10. THE COURT: So noted.
  11. MR. STORCH: With your permission, your Honor, I would like him to diagram?
  12. THE COURT: Very well.
  13. Q - Okay. Could you show us Henry Street and 15 Henry Street?
  14. A - Sure. (Drawing a diagram.)
  15. THE COURT: Excuse me, officer.
  16. THE WITNESS: Yes, sir.
  17. THE COURT: Could you just back that up a little bit so I'd be able to see it? You can still ...
Ewing - Direct 13
  1. ... face it towards the jury so that if you can just turn it that way a little bit more I'll be able to see it. I can still see it. Members of the jury, can you see the diagram? All right. Thank you, officer.
  2. Q - Could you show us where 15 Henry Street is?
  3. A - Right here. (Indicating.)
  4. Q - And where were you in 15 Henry Street?
  5. A - Approximately this area right here. (Indicating.)
  6. Q - What floor?
  7. A - Second floor.
  8. Q - Okay. Now, could you identify the car that Ms. Riles was sitting in?
  9. A - (Indicating.)
  10. Q - Okay. Now, Ms. Williams, when you observed her get into a car was that car nearby the car with Ms. Riles?
  11. A - Yes, it was right in front of himself marked in front of Ms. Riles's car.
  12. Q - Okay. Where was Tanya Burgess standing in the street when she talked to Ms. Williams?
  13. A - Approximately right here. (Indicating.)
  14. Q - And how about when she talked to Mr. Gregory?
  15. A - Same area.
  16. Q - Okay. Now, is there a grocery in the area or ...
Ewing - Direct/Cross 14
  1. ... something like that?
  2. A - Yes. This is the street. (Indicating.)
  3. Q - When she first met Williams did they go anywhere near the grocery?
  4. A - She went into the grocery store and came back.
  5. Q - And when they came back that's when the sale went down?
  6. A - Yes.
  7. Q - Okay. Could you put your initials on -- initials and your date on the diagram?
  8. A - (Complies.) Today is the 24th, correct?
  9. Q - Right.
  10. MR. STORCH: No further questions.
  11. THE COURT: Mr. Marain.
  12. MR. MARAIN: Thank you, your Honor.
  13. CROSS-EXAMINATION BY MR. MARAIN:
  14. Q - Officer, you can be seated now, if you like.
  15. A - (Complies.)
  16. Q - Officer, in the course of the work that you do you prepare police reports?
  17. A - Yes.
  18. Q - And preparing police reports is part of your responsibilities as a law enforcement officer?
  19. A - Yes.
Ewing - Cross 15
  1. Q - And when you first go to the police academy one of the things you learn is how to write police reports?
  2. A - They give us a basic information on how to prepare a report, yes.
  3. Q - Writing police reports is important?
  4. A - Yes.
  5. Q - Police reports are an official record of what happened?
  6. A - Yes.
  7. Q - And you use police reports to refresh your recollection?
  8. A - That's correct.
  9. Q - And other law enforcement officers involved with the same case also use police reports for background?
  10. A - Yes.
  11. Q - And, in fact, you've been using and are using a police report in this particular case?
  12. A - Yes.
  13. Q - And that would be a report which you wrote?
  14. A - That's correct.
  15. Q - It's important for police reports to be accurate?
  16. A - Yes.
Ewing - Cross 16
  1. Q - It's important for police reports to have all significant details?
  2. A - Yes.
  3. Q - And the report that you prepared was accurate?
  4. A - Yes.
  5. Q - The report that you prepared had all significant details?
  6. A - Yes.
  7. Q - Officer --
  8. MR. MARAIN: May I approach the witness, your Honor?
  9. THE COURT: Of course.
  10. Q - I'm going to show you what's been marked as exhibit D-1 for identification. I ask if you would please look at it and tell the jury whether that, in fact, is a copy of the police report that you prepared in this matter?
  11. A - Yes.
  12. Q - Okay. And that's a copy of the same item that you've been using to refresh your own recollection?
  13. A - Yes.
  14. Q - You were on the Anti-crime Unit for five years?
Ewing - Cross 17
  1. A - Yes, sir.
  2. Q - Did you like it?
  3. A - Yes.
  4. Q - How did you -- how does it compare with your present assignment?
  5. A - I don't understand the question how does it compare?
  6. Q - Did you like it better or did you -- do you like your present assignment better?
  7. A - Both jobs I'm a policeman. I love being a policeman. Wherever they put me I'll have fun.
  8. Q - You've -- you've made over one thousand arrests?
  9. A - Yes.
  10. Q - How do you feel about the people when you have to arrest them?
  11. A - My inside feelings?
  12. Q - Your inside feelings?
  13. A - Part of the job.
  14. Q - Just part of the job?
  15. A - Yes.
  16. Q - You don't like them, you don't dislike them?
  17. A - No.
  18. Q - Just doing your job?
  19. A - That's correct.
Ewing - Cross 18
  1. Q - And it's not your job to like people that are involved with drugs?
  2. A - What was that question again?
  3. Q - It's not part of your job to like people that are involved with drugs?
  4. A - If they're cooperative with me, if they sell drugs, if they're cooperative and friendly towards me I have no problem with that.
  5. Q - But it's not your job to like them, would you agree with that?
  6. A - No, it's part of my job to be fair and -- and like them. I mean they're doing something wrong they're doing something wrong, that doesn't -- I don't take it personally.
  7. Q - Okay. It's not your job to dislike them?
  8. A - Correct.
  9. Q - You agree?
  10. A - Correct.
  11. Q - And it is not your job to like them either?
  12. A - (Nods.)
  13. Q - Your job is to enforce the law, do you agree?
  14. A - Yes.
  15. Q - Okay. And when you see a crime being committed you do your job?
  16. A - That's correct.
Ewing - Cross 19
  1. Q - And on December 4th, 1997 you were doing your job?
  2. A - Yes.
  3. Q - You were enforcing the law?
  4. A - Yes.
  5. Q - And you started your surveillance around 11:30 in the morning?
  6. A - That's correct.
  7. Q - The area of your surveillance was 15 Henry Street?
  8. A - Yes.
  9. Q - You saw Tanya Burgess?
  10. A - Yes.
  11. Q - She was standing in the middle of the road?
  12. A - Yes.
  13. Q - Pamela Williams comes along?
  14. A - Yes.
  15. Q - Pamela Williams goes up to Tanya Burgess?
  16. A - Yes. I'm not sure if you're continuing your sentence or asking me a question.
  17. Q - No. That's a question?
  18. A - Okay. Yes.
  19. Q - Okay.
  20. A - All right.
  21. Q - And they converse?
Ewing - Cross 20
  1. A - Yes.
  2. Q - That's the way you described it in your report?
  3. A - Yes.
  4. Q - In fact, that just means they talked?
  5. A - That's correct.
  6. Q - Okay. And then you see Pamela and Tanya walk to the grocery store that you put on that diagram?
  7. A - Yes.
  8. Q - They walked together?
  9. A - Yes.
  10. Q - And then they walked back to 15 Henry Street -- Henry Street?
  11. A - Correct.
  12. Q - They walk back together?
  13. A - Yes.
  14. Q - And Tanya pulls a packet of heroin from her pocket?
  15. A - That's correct.
  16. Q - And Tanya gives the heroin to Pamela?
  17. A - That's correct.
  18. Q - And Pamela pays Tanya for the heroin?
  19. A - Yes.
  20. Q - And then Pamela walks to a brown vehicle?
  21. A - That's correct.
Ewing - Cross 21
  1. Q - And at that point Pamela still has the heroin that she just got from Tanya?
  2. A - That's correct.
  3. Q - And Pamela goes inside the brown vehicle?
  4. A - Yes.
  5. Q - And at that point Pamela still has the heroin that she got from Tanya?
  6. A - Yes.
  7. Q - And Pamela sits down inside the brown vehicle?
  8. A - Yes.
  9. Q - And at that point Pamela still has the heroin that she got from Tanya?
  10. A - Yes.
  11. Q - And then you see Pamela doing the heroin that she had just purchased?
  12. A - Yes.
  13. Q - And doing means using?
  14. A - Yes.
  15. Q - And at that point Pamela still has the heroin?
  16. A - Yes.
  17. Q - She has the heroin in her hands and she's putting it into her body?
  18. A - That's correct.
Ewing - Cross 22
  1. Q - And you saw her doing that?
  2. A - Yes.
  3. Q - And there's no doubt in your mind?
  4. A - No.
  5. Q - And then Pamela moves to the car where Betty Riles is?
  6. A - Yes.
  7. Q - And -- and Tanya Burgess shows Pamela more packets of heroin?
  8. A - That's correct.
  9. Q - Back up units arrive?
  10. A - Yes.
  11. Q - And one of the back up personnel is Lieutenant Schuster?
  12. A - That's correct.
  13. Q - And at some point in time either then or later on you learn that Burgess told Schuster that Burgess was selling the heroin for Betty Riles?
  14. A - Yes.
  15. Q - And everyone that you've been talking about is arrested and brought to headquarters?
  16. A - Yes.
  17. Q - And Pamela Williams is charged with loitering?
  18. A - I believe so, yes.
Ewing - Cross 23
  1. Q - The charge against Pamela Williams, loitering, is a disorderly persons offense?
  2. A - That's correct.
  3. Q - Disorderly persons offense means it is not indictable?
  4. A - That's correct.
  5. Q - Since it's a disorderly persons offense it's something that would never be presented to a grand jury?
  6. A - That's correct.
  7. Q - It's something that would be handled in the Municipal Court of whatever town the incident happened?
  8. A - Yes.
  9. Q - And this incident happened in New Brunswick?
  10. A - Yes.
  11. Q - So this is an incident that would be handled for Pamela Williams in the New Brunswick Municipal Court?
  12. A - Yes.
  13. Q - By the way, officer, whatever happened to this loitering complaint that you signed against Pamela Williams?
  14. A - I don't recall.
  15. Q - Was it ever disposed of?
  16. A - I'm not sure. I would have to check our city ...
Ewing - Cross 24
  1. ... records.
  2. Q - Were you ever called upon to testify in the matter?
  3. A - I don't recall so, no.
  4. Q - If you had testified would you remember?
  5. A - Probably not. Not if it was -- this -- this was in 1997 and we're in '99 now and we have a lot of municipal cases. Just to remember one case would be -- you know -- hard to do.
  6. Q - Now, in your report I believe you mentioned that Tanya -- strike that. The car that Betty Riles was sitting in, that was a Cougar, correct?
  7. A - Yes.
  8. Q - It was a blue Cougar?
  9. A - That's correct.
  10. Q - And Betty Riles was sitting in the passenger seat of that car?
  11. A - That's correct.
  12. Q - And Tanya Burgess came to that car that you could tell a total of three times, is that correct?
  13. A - Yes.
  14. Q - And on one of these occasions Betty Riles collects some cash from Tanya Burgess?
  15. A - Yes.
  16. Q - And at the same time Betty Riles gives heroin ...
Ewing - Cross 25
  1. ... to Ms. Burgess?
  2. A - Yes.
  3. Q - And Ms. Burgess returns to the middle of the street?
  4. A - Yes.
  5. Q - And she sells a packet, Burgess sells a packet to Eric Gregory?
  6. A - Yes.
  7. Q - And then Tanya Burgess returns to the blue Cougar?
  8. A - Yes.
  9. Q - This would be her second visit?
  10. A - I believe so.
  11. Q - And Betty Riles is still in the passenger seat?
  12. A - Yes.
  13. Q - And Betty Riles collects cash?
  14. A - Yes.
  15. Q - And then Betty Riles leaves the car to get change for Ms. Burgess?
  16. A - Yes.
  17. Q - And until this point Betty Riles has been sitting in the passenger seat?
  18. A - Yes.
  19. Q - Now, officer, at some point in time you ...
Ewing - Cross 26
  1. ... became aware that Betty Riles was asked for permission to search the car that she was in?
  2. A - I didn't receive that. I was still in my surveillance spot.
  3. Q - All right. But at some point in time someone asked her for permission to search the car?
  4. A - I'm not sure. I was in the surveillance spot. I don't know of any conversation on the street.
  5. Q - You don't know whether she was asked for permission to search the car?
  6. A - No.
  7. Q - Are you aware of the fact that her car was searched?
  8. A - No.
  9. Q - Officer, do you remember being called in front of the Middlesex County grand jury to testify in this case?
  10. A - Yes. I have the transcript in front of me.
  11. Q - And the grand jury sits in the administration building in New Brunswick?
  12. A - Yes.
  13. Q - The administration building is right next to this courthouse?
  14. A - Yes.
  15. Q - And you go up I believe it's the 12th floor?
Ewing - Cross 27
  1. A - 10th.
  2. Q - 10th floor?
  3. A - Yes.
  4. Q - And you indicate that you have a transcript of your testimony in front of the grand jury?
  5. A - Yes.
  6. MR. MARAIN: May I approach the witness, your Honor?
  7. THE COURT: Yes.
  8. Q - Officer, I'm showing you what's been marked for identification as D-4 and I ask if you would please look at it and see if that is another copy of the same transcript of your testimony?
  9. A - Yes.
  10. Q - You recognize that?
  11. A - Yes.
  12. Q - Do you have your own copy that you can refer to?
  13. A - Yes.
  14. Q - Officer, if you would, please turn to page nine of your grand jury transcript. Are you there, officer?
  15. A - Yes.
  16. Q - And do you agree that page nine is one of the pages with your own testimony on it?
Ewing - Cross 28
  1. A - Yes.
  2. Q - Do you see, officer, at line sixteen there's a question, "Was the car searched?" And your answer at line seventeen is "Yes."?
  3. A - Yes.
  4. Q - And do you see, officer, at line eighteen there is a question, "Was there any more found in it?" And your answer is "No, she gave consent, Betty Riles gave consent to search the car."?
  5. A - Yes.
  6. Q - That's your answer?
  7. A - Yes.
  8. Q - Okay?
  9. A - This refreshes my memory.
  10. Q - Thank you. Now, my earlier questions, officer, related to your preparation of criminal investigation -- of police reports, correct?
  11. A - Yes.
  12. Q - And one of the types of police reports that you prepare is called a criminal investigation report?
  13. A - Yes.
  14. Q - And that's the same report that we have been -- that you've been using here to refresh your recollection?
  15. A - That's correct.
Ewing - Cross 29
  1. Q - And that's the same report that was marked for identification in this case as --
  2. MR. STORCH: D-1.
  3. Q - -- as D-1? This is D-1 your criminal investigation report?
  4. A - Yes.
  5. Q - Okay. And you have a copy of D-1 in front of you right now?
  6. A - I have the continuation page, yes.
  7. Q - The continuation page is the page that has the entire narrative?
  8. A - That's correct.
  9. Q - Now, when you've finished preparing a criminal investigation report, officer, if you're not satisfied with what it says you can make changes to it, can't you?
  10. A - Yes.
  11. Q - And if you're not satisfied with it you can change it to say whatever you think it should say?
  12. A - The facts of the case, yes.
  13. Q - Your criminal investigation report, D-1 contained all the significant information in this case?
  14. A - Yes.
  15. Q - And there is no reference in D-1 to your finding drugs -- to anyone finding drug paraphernalia ...
Ewing - Cross 30
  1. ... on the person of Betty Riles?
  2. A - No.
  3. Q - And if you or any of your fellow officers had found drug paraphernalia on the person of Betty Riles you would have considered that significant to the case?
  4. A - Yes.
  5. Q - And if you had found paraphernalia on the person of Betty Riles you would have put that in your report?
  6. A - Yes.
  7. Q - There's no reference in the report to anyone finding drug paraphernalia in the car that Betty Riles was in?
  8. A - No.
  9. Q - This is the same car that with your memory now refreshed you recall was, in fact, searched?
  10. A - Yes.
  11. Q - By the way, was it you that searched the car, officer?
  12. A - No.
  13. Q - You know who did it?
  14. A - No.
  15. Q - If drug paraphernalia had been found in the car of Betty Riles that would have been significant to the case?
Ewing - Cross 31
  1. A - Yes.
  2. Q - And if you became aware that drug paraphernalia had been found in Betty Riles's car that would have been in your police report?
  3. A - Yes.
  4. Q - You recovered three packets of heroin plus an empty, is that correct?
  5. A - Yes.
  6. Q - And it's your testimony that all four of these items that you recovered came from Betty Riles?
  7. A - Yes.
  8. Q - You never checked to see whether any of those packets had latent fingerprints of Betty Riles?
  9. A - No.
  10. Q - You never tried to check to see whether any of those packets had latent fingerprints of Betty Riles?
  11. A - No.
  12. Q - You never submitted the packets to a fingerprint detective to see whether they held the latent prints of Betty Riles?
  13. A - No.
  14. Q - You also prepare arrest reports?
  15. A - Yes.
  16. Q - Preparing arrest reports is also part of your ...
Ewing - Cross 32
  1. ... police duties?
  2. A - That's correct.
  3. Q - You prepare an arrest report whenever you place someone under arrest?
  4. A - Yes.
  5. Q - You placed Pamela Williams under arrest?
  6. A - Yes. Me personally, sir, or our unit? I didn't arrest anybody at the scene. It was all other members of our unit. I was in the surveillance spot.
  7. Q - Okay. But it is you that prepared the arrest report of Pamela Williams?
  8. A - That's -- I'm not sure. I don't recall.
  9. Q - Okay.
  10. MR. MARAIN: May I approach the witness?
  11. THE COURT: Yes.
  12. Q - Officer, I am showing you what's been marked exhibit D-2 for identification. I ask if you would please look at it and tell me if that is an arrest report that you prepared concerning Pamela Williams?
  13. A - I can't recall. It has my name on it but anybody can put the name, whoever does report.
  14. Q - Anybody can put your name on it?
  15. A - Sure. If I'm involved, whoever is involved with the case we have approximately ten members of the unit and we try to spread the arrests around so everybody ...
Ewing - Cross 33
  1. ... gets an equal amount of arrests throughout the year. So if we're all involved whoever is involved any officer can have their name at the bottom of the report.
  2. Q - So the person whose name happens to be on the bottom of the report does not necessarily reflect who, in fact, made the arrest?
  3. A - That's correct.
  4. Q - You're just sharing the wealth, as it were?
  5. A - Yes.
  6. Q - As you look at this report now, officer, are you able to tell whether it was or was not you that prepared it?
  7. A - No, I'm not sure.
  8. Q - It may have been, it may not have been?
  9. A - Right.
  10. Q - Officer, I'm going -- going to show you what's been marked D-3 for identification and I will leave this with you for a moment and I will also leave D-2 with you. I'll be asking you some questions about them. First of all, officer, do both D-2 and D-3 appear to be arrest reports for Pamela Williams?
  11. A - Yes.
  12. Q - Now, D-2, would you please look at D-2, box fifteen where it signifies the sex of the person being ...
Ewing - Cross 34
  1. .... arrested?
  2. A - Yeah.
  3. Q - On D-2 it indicates male?
  4. A - Yes.
  5. Q - And that was an error?
  6. A - Yes.
  7. Q - And then D-3 shows that male has been crossed out and female has been put in its place?
  8. A - Yes.
  9. Q - And now box fifteen is accurate?
  10. A - Yes in D-3.
  11. Q - On D-3. So that when you testified before that changes can be made to police reports and arrest reports, in fact, changes are made to police reports and arrest reports as needed?
  12. A - Yes.
  13. Q - Okay. Now, on the first report D-2 in box fifty, D-2 again relates to Pamela Williams, correct, officer?
  14. A - Yes.
  15. Q - In box fifty specifies the offense that Pamela Williams was being arrested for, correct?
  16. A - Yes.
  17. Q - And what box fifty recites is loitering?
  18. A - That's correct.
Ewing - Cross 35
  1. Q - Box fifty-one lists the particular statute?
  2. A - That's correct.
  3. Q - The statute in this case is 2C:33-2.1 B,
  4. correct?
  5. A - Yes.
  6. Q - Now, let's see if we can find out, officer, exactly what that statute says that you charged her with. I'm giving you the text of something, officer, and if I can read from 33-2.1 B that says" A person whether on foot or in a motor vehicle commits a disorderly persons offense if, one, he wanders, remains or prowls in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analogue, and, two, engages in conduct that under the circumstances manifests a purpose to obtain or distribute a controlled dangerous substance or controlled substance analogue." Did I correctly read, officer, the text of the statute that you charged against Pamela Williams?
  7. A - Yes.
  8. Q - Now, officer, I think we're finished with these exhibits for now. Officer, after a person is arrested, after you arrest someone you speak to a judge so that the judge can set bail?
Ewing - Cross 36
  1. A - Yes.
  2. Q - And when you talk to a judge in order for the judge to know how much bail to set the judge wants information from you?
  3. A - Yes.
  4. Q - You spoke to a judge concerning Pamela Williams?
  5. A - No.
  6. Q - Do you know who spoke to a judge concerning Pamela Williams?
  7. A - No. It was probably my lieutenant. He's -- he talks to the judges directly. He's -- he's in charge of our unit.
  8. Q - Would you have been present, officer, when the lieutenant spoke to the judge?
  9. A - Not necessarily, no.
  10. Q - Do you have a recollection right now as to whether you were or were not present?
  11. A - I don't recall, no.
  12. Q - Officer, I'm going to bring back D-3 for you to look at again. D-3 again is your arrest reports of Pamela Williams, correct?
  13. A - Yes.
  14. Q - And D-3 reflects the amount of bail that was set for Pamela Williams?
Ewing - Cross 37
  1. A - That's correct.
  2. Q - And the amount of bail that was set for Pamela Williams is R. O. R.?
  3. A - Yes.
  4. Q - And R. O. R. means released on own recognizance?
  5. A - That's correct.
  6. Q - That means she can leave and she doesn't have to post any bail at all?
  7. A - Yes.
  8. Q - She just walks out of the police station and goes home?
  9. A - Yes.
  10. Q - Or goes back to Henry Street. Wherever she wants to go?
  11. A - Yes.
  12. Q - After you had seen her commit a crime for which she could have been indicted and sentenced to state prison for five years?
  13. A - Yes.
  14. Q - Loitering you've already testified is a
  15. disorderly persons offense?
  16. A - Yes.
  17. Q - The fine for a disorderly persons offense is up to one thousand dollars?
Ewing - Cross 38
  1. A - Yes.
  2. Q - And the maximum jail for a disorderly persons offense is up to six months?
  3. A - I believe so, yes.
  4. Q - You saw Pamela Williams in possession of cocaine?
  5. A - Heroin.
  6. Q - Heroin. Sorry. Correct?
  7. A - Yes.
  8. Q - You saw her using heroin?
  9. A - Yes.
  10. Q - That's what your report says?
  11. A - Yes.
  12. Q - And the fine for possession --
  13. MR. STORCH: Objection, your Honor. Can we go to side-bar?
  14. (A discussion was held at side-bar as follows.)
  15. MR. STORCH: I have no objection to his line of questioning but now if he is going to give the 21 penalty for possession of cocaine or possession with intent to distribute cocaine, it -- I believe it is improper because then the jury is going to wonder what -- what this -- what the defendant we're trying is -- is facing, and really that's not -- that's not proper ...
Ewing - Cross 39
  1. ... for them to get into.
  2. MR. MARAIN: Judge, first of all, I would have no objection and indeed I would welcome in the Court's eventual charge to the jury the Court indicating to the jury that the penalties for committing crimes varies from crime to crime and even within the same crime from case to case based on a number of factors. I don't mind your Honor telling the jury that this was adduced for a different limited purpose and is something that they are not to consider in guilt or innocence.
  3. THE COURT: Well, the problem that I have, Mr. Marain, is that you're asking a police officer to testify as you just did about whether or not someone could face five years, and he is really not competent to answer that question and, I didn't want to interrupt your cross-examination but I could -- I will permit your -- what I think is your approach here to demonstrate that she -- she was charged with a lesser offense and that if she was charged with an indictable offense it would be more serious or carry a greater penalty. But I don't think this officer is competent to talk about years and -- and fines because obviously unless we're talking about mandatory terms of ...
Ewing - Cross 40
  1. ... imprisonment and fine is that he's aware of, which you haven't laid the foundation for and which I would probably not allow anyway, I think it's getting much too focused on penalties, and I think you're -- you know -- it's permissible to try to make this point, but I think you can make it by just getting into generally what's more serious and what's less serious and that's what I would ask you to do.
  2. MR. MARAIN: Okay. Thank you.
  3. MR. STORCH: Thank you.
  4. (Discussion at side-bar concluded.)
  5. BY MR. MARAIN:
  6. Q - Officer, you never charged Pamela Williams with possession of heroin?
  7. A - No.
  8. Q - And when the correction was made on the original arrest report D-2 to reflect that Pamela Williams was a female rather than a male there was no correction made to the report to reflect the fact that Pamela Williams was being charged with possession of heroin?
  9. A - No, she wasn't charged with possession.
  10. Q - And, in fact, she was not charged with possession of heroin, correct?
  11. A - No.
Ewing - Cross 41
  1. Q - Now, officer, inviting your attention to box forty-eight of the arrest report, what you see there is the complaint number that was signed against Pamela Williams, correct?
  2. A - Yes.
  3. Q - And the complaint number that you see is S-97-3301?
  4. A - Yes.
  5. Q - And what the S stands for in that number is summons?
  6. A - Yes.
  7. Q - The other possibility would have been W?
  8. A - Yes.
  9. Q - If it were W it would have meant warrant?
  10. A - That's correct.
  11. Q - And when it's a warrant it means that the person is locked up until she either posts bail or a judge orders her release?
  12. A - Yes.
  13. Q - The summons means that the person is not locked up?
  14. A - Yes.
  15. Q - So a summons is the same kind of document that a person gets normally when they get a speeding ticket?
Ewing - Cross 42
  1. A - That's a different complaint.
  2. Q - But they're both a summons?
  3. A - Yes.
  4. Q - Thank you, officer.
  5. MR. MARAIN: No further questions.
  6. (The excerpt concluded.)
Certification

I, KATHLEEN SPERDUTO, C.S.R., License Number XI01151, an Official Court Reporter in and for the State of New Jersey, do hereby certify the foregoing to be prepared in full compliance with the current Transcript Format for Judicial Proceedings and is a true and accurate compressed transcript of my stenographic notes taken in the above matter to the best of my knowledge and ability.

Kathleen Sperduto, C.S.R., R.M.R.
Official Court Reporter
Middlesex County Courthouse
One Kennedy Square
New Brunswick, New Jersey
Date: July 24, 2000
NEXT: Ronald Dixon, Direct and Cross Examination


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