INDICTMENT NO. I-139-01-98



vs. Transcript of Proceedings



Place: Middlesex County Courthouse

One Kennedy Square

New Brunswick, New Jersey

Date: March 24, 1999

B E F O R E:



A P P E A R A N C E S:


Middlesex County Assistant Prosecutor

Attorney for the State


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


1 I N D E X


3 State Witnesses Direct Cross Redirect Recross


By Mr. Storch 3

5 By Mr. Marain 14

Ewing - Direct 3


2 MR. STORCH: Yes. The State would call

3 Detective William Ewing.

4 THE COURT: Okay.


6 W I L L I A M    E W I N G, called as a

7 witness on behalf of the State, being duly sworn,

8 testifies as follows:


10 Q Good afternoon, detective.

11 A Good afternoon.

12 Q Detective, where are you employed and in what

13 capacity?

14 A I'm a patrolman with the City of New Brunswick

15 Police Department.

16 Q Okay. Directing your attention to December

17 4th, 1997. What capacity were you working then?

18 A I was a detective with the Anti-crime Unit.

19 Q Now, the Anti-crime Unit, what kind of unit

20 is that?

21 A It's mainly for narcotic surveillances and

22 arrests.

23 Q I see. How long were you a police officer?

24 A Approximately ten years.

25 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

3 were in the Anti-crime Unit?

4 A Yes. I went to a state police narcotics school as

5 well as a Bergen County top gun school and just the

6 experience in working on the streets with the

7 Anti-crime Unit.

8 Q Approximately how many arrests did you make?

9 A Over a thousand.

10 Q Now, directing your attention to December

11 4th, 1997 at about 11:30 a.m. Where did you go

12 basically?

13 A I was in the area of Henry Street, 15 Henry Street

14 which is a street right off of Route 27.

15 Q I see. And what was your purpose to going

16 there?

17 A We had information that people were selling

18 narcotics in that area. So I went to that area to find

19 a surveillance point.

20 Q Where did you -- and did you find one?

21 A Yes.

22 Q Where?

23 A I was in the area of 15 Henry Street.

24 Q And what kind of an area is it? Are there

25 houses, stores?

Ewing - Direct 5

1 A It's a -- there is apartment buildings on Henry

2 Street but they're all abandoned.

3 Q Okay. 15 Henry Street, what kind of a

4 building was that?

5 A It's a multiple apartment complex. There's many,

6 many rooms in that in Henry Street.

7 Q Is it occupied?

8 A No.

9 Q Okay. What floor did you go to?

10 A Second floor.

11 Q And did you use any device that would help

12 you to see better?

13 A Binoculars.

14 Q Okay. So, when you set up on the second

15 floor with your binoculars what did you see?

16 A I observed --

17 Q Could you keep your voice up?

18 A Sure. I observed Tanya Burgess. She was standing

19 in the middle of the street in 15 Henry Street and

20 there was other people in the area, but there was a lot

21 of abandoned cars in the area, and there's gentlemen

22 working on the cars, fixing up the cars, and at one

23 time I saw at one point I observed -- she was later

24 identified as Pamela Williams walk into the area and

25 they had a short conversation, they went across the

Ewing - Direct 6

1 street into a grocery store and they came back, and at

2 one point Tanya Burgess pulled out a packet of heroin

3 out of her fifth pocket of her pants and handed it to

4 Pamela Williams and in return she received cash.

5 Q Now what do you mean by the fifth pocket of

6 your jeans?

7 A The small change pocket in the jeans in the front

8 of your pants.

9 Q Okay. Could you maybe just show us?

10 A The small pocket in the jeans. (Indicating.)

11 Q Okay. Now, you have binoculars to see this?

12 A Yes.

13 Q And what exactly did you see?

14 A They pulled out a packet of heroin and handed it

15 to Pamela Williams and in return she received cash.

16 Q Okay. And what, if anything, did Tanya

17 Burgess do then?

18 A She walked over to a car that was parked in front

19 of Henry Street, 15 Henry Street and Ms. Riles was in

20 the vehicle and she received the money that she had

21 just gotten.

22 Q Okay. What happened then?

23 A Ms. Riles gave Tanya Burgess some more packets of

24 heroin and Tanya held the packets of heroin in the

25 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

3 in the palm of her hand. She was counting them

4 herself.

5 Q So you saw her count four packets?

6 A Yes.

7 Q Okay. And who gave that to her?

8 A Ms. Riles.

9 Q Okay. What happened then?

10 A She went back into the area of the street and --

11 and that's when another gentleman came up was Mr.

12 Gregory, Eric Gregory, and they had a small

13 conversation, and Ms. Burgess held out the packets of

14 heroin in her hand and Mr. Gregory picked one of the

15 packets of heroin out and held it up to the sun,

16 flicked it to see if the package was full, if it was a

17 good package, and he kept the package and in return

18 gave Ms. Burgess cash.

19 Q What did Ms. Burgess do then?

20 A She went back to Ms. Riles and Ms. Riles she give

21 her the money, but I guess Mr. Gregory needed change so

22 Tanya or Ms. Riles here was trying to get into her

23 pocket but she couldn't so she got out of the car and

24 gave Ms. Burgess some change and in return she gave the

25 change to Eric Gregory.

Ewing - Direct 8

1 Q So Ms. Riles had difficulty getting something

2 out of her pocket?

3 A Right. She was in the car so it was easier to get

4 out and get into her pocket.

5 Q And you saw money?

6 A Yes.

7 Q And you saw money come from Ms. Riles?

8 A Yes.

9 Q And then what happened?

10 A And she cave it to Ms. Burgess and in return gave

11 the change to Mr. Gregory.

12 Q Okay. Now, what -- Ms. Williams, what was

13 she doing when all of this was going on?

14 A She was in a parked car that was in front of Ms.

15 Riles, and it was an abandoned car and she was sitting

16 in the passenger side of the vehicle snorting the bag

17 of heroin.

18 Q Could you see that?

19 A Yes.

20 Q Okay. And after you saw the change incident

21 did you make any kind -- kind of communications to

22 other officers?

23 A I advised my lieutenant, Lieutenant Schuster of

24 the situation and other individuals of the Anti-crime

25 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

2 where they were on the street.

3 Q Did you have a radio?

4 A Yes.

5 Q Okay. Now, while you were waiting for your

6 back up officers to come in did you see anything else?

7 A Well, as she pulled into the area Ms. Burgess was

8 walking back over, she was by Ms. Riles and Pamela

9 Williams and she was showing Ms. Williams more packets

10 of heroin, and when the officers came in she dropped a

11 couple of packets on the ground.

12 Q Now, Ms. Williams was in a car in front of

13 Ms. Riles, is that correct?

14 A At one point, yes. And at one point she got out

15 and jumped in the car with Ms. Riles.

16 Q And while she was in the car with Ms. Riles

17 Ms. Burgess came by?

18 A Yes. And she was standing outside the car

19 conversing and showing Ms. Williams a couple more bags

20 of heroin.

21 Q And then the officers came?

22 A Yes.

23 Q And what happened when the officers came?

24 A Like I said before, when she pulled up Ms. Burgess

25 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.

2 She also had another bag in her fifth pocket.

3 Q What officer made that arrest?

4 A Bobadilla.

5 Q Okay.

6 A And when she stopped Eric Gregory the package he

7 had purchased, he had opened it, he was going to do it,

8 and when the officer came he dropped it on the ground

9 and the product fell on to the road.

10 Q Okay. Okay. Who of the people you mentioned

11 were arrested?

12 A Eric Gregory, Pamela Williams and Ms. Riles.

13 Q How about Tanya Burgess?

14 A And Tanya Burgess.

15 Q Okay. Now, they were all arrested?

16 A Yes.

17 Q And the substances, would you call that

18 heroin, was that retrieved?

19 A Yes. Not from Eric Gregory. It went on to the

20 ground and it was destroyed when it hit the ground.

21 Q But there were packets that Tanya Burgess

22 had?

23 A That's correct.

24 Q Do you know how many?

25 A Three.

Ewing - Direct 11

1 Q And where were they?

2 A She dropped two and she had one in her fifth

3 pocket, and the other one that she had, she had four

4 all together, she sold one to Pamela Williams. That

5 was the bag she was smoking outside. It was a total of

6 three.

7 Q Okay. Now on the scene Tanya Burgess was

8 read her rights, is that correct?

9 A I believe so.

10 Q And what if -- did --

11 A Well, Lieutenant Schuster said that she was read

12 her rights at the scene because I was still in my

13 surveillance spot, and when I returned to headquarters

14 he said that she was read her rights, she understood

15 her rights and said that she was selling heroin for Ms.

16 Riles.

17 Q Okay. Now, the people that you saw, did you

18 know who they were before you --

19 A No.

20 Q -- observed them?

21 A No.

22 Q You later identified them?

23 A Yes.

24 Q After they were arrested?

25 A Yes.

Ewing - Direct 12

1 Q Okay. Now, was any -- was any drugs or

2 anything found on Ms. Riles?

3 A Just cash. No drugs.

4 Q How much cash?

5 A I believe it was a hundred and twenty-four

6 dollars.

7 Q Okay. Now, do you see in court the lady that

8 you call Ms. Riles?

9 A Yes.

10 Q Could you point her out?

11 A The lady sitting at the end of the table next to

12 the attorney. (Indicating.)

13 MR. MARAIN: The record can reflect he has

14 identified Betty Riles.

15 THE COURT: So noted.

16 MR. STORCH: With your permission, your

17 Honor, I would like him to diagram?

18 THE COURT: Very well.

19 Q Okay. Could you show us Henry Street and 15

20 Henry Street?

21 A Sure. (Drawing a diagram.)

22 THE COURT: Excuse me, officer.

23 THE WITNESS: Yes, sir.

24 THE COURT: Could you just back that up a

25 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

2 it that way a little bit more I'll be able to see it.

3 I can still see it.

4 Members of the jury, can you see the diagram?

5 All right. Thank you, officer.

6 Q Could you show us where 15 Henry Street is?

7 A Right here. (Indicating.)

8 Q And where were you in 15 Henry Street?

9 A Approximately this area right here. (Indicating.)

10 Q What floor?

11 A Second floor.

12 Q Okay. Now, could you identify the car that

13 Ms. Riles was sitting in?

14 A (Indicating.)

15 Q Okay. Now, Ms. Williams, when you observed

16 her get into a car was that car nearby the car with Ms.

17 Riles?

18 A Yes, it was right in front of himself marked in

19 front of Ms. Riles's car.

20 Q Okay. Where was Tanya Burgess standing in

21 the street when she talked to Ms. Williams?

22 A Approximately right here. (Indicating.)

23 Q And how about when she talked to Mr. Gregory?

24 A Same area.

25 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

4 anywhere near the grocery?

5 A She went into the grocery store and came back.

6 Q And when they came back that's when the sale

7 went down?

8 A Yes.

9 Q Okay. Could you put your initials on --

10 initials and your date on the diagram?

11 A (Complies.) Today is the 24th, correct?

12 Q Right.

13 MR. STORCH: No further questions.

14 THE COURT: Mr. Marain.

15 MR. MARAIN: Thank you, your Honor.



18 Q Officer, you can be seated now, if you like.

19 A (Complies.)

20 Q Officer, in the course of the work that you

21 do you prepare police reports?

22 A Yes.

23 Q And preparing police reports is part of your

24 responsibilities as a law enforcement officer?

>25 A Yes.

Ewing - Cross 15

1 Q And when you first go to the police academy

2 one of the things you learn is how to write police

3 reports?

4 A They give us a basic information on how to prepare

5 a report, yes.

6 Q Writing police reports is important?

7 A Yes.

8 Q Police reports are an official record of what

9 happened?

10 A Yes.

11 Q And you use police reports to refresh your

12 recollection?

13 A That's correct.

14 Q And other law enforcement officers involved

15 with the same case also use police reports for

16 background?

17 A Yes.

18 Q And, in fact, you've been using and are using

19 a police report in this particular case?

20 A Yes.

21 Q And that would be a report which you wrote?

22 A That's correct.

23 Q It's important for police reports to be

24 accurate?

25 A Yes.

Ewing - Cross 16

1 Q It's important for police reports to have all

2 significant details?

3 A Yes.

4 Q And the report that you prepared was

5 accurate?

6 A Yes.

7 Q The report that you prepared had all

8 significant details?

9 A Yes.

10 Q Officer --

11 MR. MARAIN: May I approach the witness, your

12 Honor?

13 THE COURT: Of course.

14 Q I'm going to show you what's been marked as

15 exhibit D-1 for identification. I ask if you would

16 please look at it and tell the jury whether that, in

17 fact, is a copy of the police report that you prepared

18 in this matter?

19 A Yes.

20 Q Okay. And that's a copy of the same item

21 that you've been using to refresh your own

22 recollection?

23 A Yes.

24 Q You were on the Anti-crime Unit for five

25 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

5 present assignment?

6 A I don't understand the question how does it

7 compare?

8 Q Did you like it better or did you -- do you

9 like your present assignment better?

10 A Both jobs I'm a policeman. I love being a

11 policeman. Wherever they put me I'll have fun.

12 Q You've -- you've made over one thousand

13 arrests?

14 A Yes.

15 Q How do you feel about the people when you

16 have to arrest them?

17 A My inside feelings?

18 Q Your inside feelings?

19 A Part of the job.

20 Q Just part of the job?

21 A Yes.

22 Q You don't like them, you don't dislike them?

23 A No.

24 Q Just doing your job?

25 A That's correct.

Ewing - Cross 18

1 Q And it's not your job to like people that are

2 involved with drugs?

3 A What was that question again?

4 Q It's not part of your job to like people that

5 are involved with drugs?

6 A If they're cooperative with me, if they sell

7 drugs, if they're cooperative and friendly towards me I

8 have no problem with that.

9 Q But it's not your job to like them, would you

10 agree with that?

11 A No, it's part of my job to be fair and -- and like

12 them. I mean they're doing something wrong they're

13 doing something wrong, that doesn't -- I don't take it

14 personally.

15 Q Okay. It's not your job to dislike them?

16 A Correct.

17 Q You agree?

18 A Correct.

19 Q And it is not your job to like them either?

20 A (Nods.)

21 Q Your job is to enforce the law, do you agree?

22 A Yes.

23 Q Okay. And when you see a crime being

24 committed you do your job?

25 A That's correct.

Ewing - Cross 19

1 Q And on December 4th, 1997 you were doing your

2 job?

3 A Yes.

4 Q You were enforcing the law?

5 A Yes.

6 Q And you started your surveillance around

7 11:30 in the morning?

8 A That's correct.

9 Q The area of your surveillance was 15 Henry

10 Street?

11 A Yes.

12 Q You saw Tanya Burgess?

13 A Yes.

14 Q She was standing in the middle of the road?

15 A Yes.

16 Q Pamela Williams comes along?

17 A Yes.

18 Q Pamela Williams goes up to Tanya Burgess?

19 A Yes. I'm not sure if you're continuing your

20 sentence or asking me a question.

21 Q No. That's a question?

22 A Okay. Yes.

23 Q Okay.

24 A All right.

25 Q And they converse?

Ewing - Cross 20

1 A Yes.

2 Q That's the way you described it in your

3 report?

4 A Yes.

5 Q In fact, that just means they talked?

6 A That's correct.

7 Q Okay. And then you see Pamela and Tanya walk

8 to the grocery store that you put on that diagram?

9 A Yes.

10 Q They walked together?

11 A Yes.

12 Q And then they walked back to 15 Henry Street

13 -- Henry Street?

14 A Correct.

15 Q They walk back together?

16 A Yes.

17 Q And Tanya pulls a packet of heroin from her

18 pocket?

19 A That's correct.

20 Q And Tanya gives the heroin to Pamela?

21 A That's correct.

22 Q And Pamela pays Tanya for the heroin?

23 A Yes.

24 Q And then Pamela walks to a brown vehicle?

25 A That's correct.

Ewing - Cross 21

1 Q And at that point Pamela still has the heroin

2 that she just got from Tanya?

3 A That's correct.

4 Q And Pamela goes inside the brown vehicle?

5 A Yes.

6 Q And at that point Pamela still has the heroin

7 that she got from Tanya?

8 A Yes.

9 Q And Pamela sits down inside the brown

10 vehicle?

11 A Yes.

12 Q And at that point Pamela still has the heroin

13 that she got from Tanya?

14 A Yes.

15 Q And then you see Pamela doing the heroin that

16 she had just purchased?

17 A Yes.

18 Q And doing means using?

19 A Yes.

20 Q And at that point Pamela still has the

21 heroin?

22 A Yes.

23 Q She has the heroin in her hands and she's

24 putting it into her body?

25 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

6 Riles is?

7 A Yes.

8 Q And -- and Tanya Burgess shows Pamela more

9 packets of heroin?

10 A That's correct.

11 Q Back up units arrive?

12 A Yes.

13 Q And one of the back up personnel is

14 Lieutenant Schuster?

15 A That's correct.

16 Q And at some point in time either then or

17 later on you learn that Burgess told Schuster that

18 Burgess was selling the heroin for Betty Riles?

19 A Yes.

20 Q And everyone that you've been talking about

21 is arrested and brought to headquarters?

22 A Yes.

23 Q And Pamela Williams is charged with

24 loitering?

25 A I believe so, yes.

Ewing - Cross 23

1 Q The charge against Pamela Williams,

2 loitering, is a disorderly persons offense?

3 A That's correct.

4 Q Disorderly persons offense means it is not

5 indictable?

6 A That's correct.

7 Q Since it's a disorderly persons offense it's

8 something that would never be presented to a grand

9 jury?

10 A That's correct.

11 Q It's something that would be handled in the

12 Municipal Court of whatever town the incident happened?

13 A Yes.

14 Q And this incident happened in New Brunswick?

15 A Yes.

16 Q So this is an incident that would be handled

17 for Pamela Williams in the New Brunswick Municipal

18 Court?

19 A Yes.

20 Q By the way, officer, whatever happened to

21 this loitering complaint that you signed against Pamela

22 Williams?

23 A I don't recall.

24 Q Was it ever disposed of?

25 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

3 matter?

4 A I don't recall so, no.

5 Q If you had testified would you remember?

6 A Probably not. Not if it was -- this -- this was

7 in 1997 and we're in '99 now and we have a lot of

8 municipal cases. Just to remember one case would be --

9 you know -- hard to do.

10 Q Now, in your report I believe you mentioned

11 that Tanya -- strike that. The car that Betty Riles

12 was sitting in, that was a Cougar, correct?

13 A Yes.

14 Q It was a blue Cougar?

15 A That's correct.

16 Q And Betty Riles was sitting in the passenger

17 seat of that car?

18 A That's correct.

19 Q And Tanya Burgess came to that car that you

20 could tell a total of three times, is that correct?

21 A Yes.

22 Q And on one of these occasions Betty Riles

23 collects some cash from Tanya Burgess?

24 A Yes.

25 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

4 street?

5 A Yes.

6 Q And she sells a packet, Burgess sells a

7 packet to Eric Gregory?

8 A Yes.

9 Q And then Tanya Burgess returns to the blue

10 Cougar?

11 A Yes.

12 Q This would be her second visit?

13 A I believe so.

14 Q And Betty Riles is still in the passenger

15 seat?

16 A Yes.

17 Q And Betty Riles collects cash?

18 A Yes.

19 Q And then Betty Riles leaves the car to get

20 change for Ms. Burgess?

21 A Yes.

22 Q And until this point Betty Riles has been

23 sitting in the passenger seat?

24 A Yes.

25 Q Now, officer, at some point in time you

Ewing - Cross 26

1 became aware that Betty Riles was asked for permission

2 to search the car that she was in?

3 A I didn't receive that. I was still in my

4 surveillance spot.

5 Q All right. But at some point in time someone

6 asked her for permission to search the car?

7 A I'm not sure. I was in the surveillance spot. I

8 don't know of any conversation on the street.

9 Q You don't know whether she was asked for

10 permission to search the car?

11 A No.

12 Q Are you aware of the fact that her car was

13 searched?

14 A No.

15 Q Officer, do you remember being called in

16 front of the Middlesex County grand jury to testify in

17 this case?

18 A Yes. I have the transcript in front of me.

19 Q And the grand jury sits in the administration

20 building in New Brunswick?

21 A Yes.

22 Q The administration building is right next to

23 this courthouse?

24 A Yes.

25 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

5 of your testimony in front of the grand jury?

6 A Yes.

7 MR. MARAIN: May I approach the witness, your

8 Honor?


10 Q Officer, I'm showing you what's been marked

11 for identification as D-4 and I ask if you would please

12 look at it and see if that is another copy of the same

13 transcript of your testimony?

14 A Yes.

15 Q You recognize that?

16 A Yes.

17 Q Do you have your own copy that you can refer

18 to?

19 A Yes.

20 Q Officer, if you would, please turn to page

21 nine of your grand jury transcript. Are you there,

22 officer?

23 A Yes.

24 Q And do you agree that page nine is one of the

25 pages with your own testimony on it?

Ewing - Cross 28

1 A Yes.

2 Q Do you see, officer, at line sixteen there's

3 a question, "Was the car searched?" And your answer at

4 line seventeen is "Yes."?

5 A Yes.

6 Q And do you see, officer, at line eighteen

7 there is a question, "Was there any more found in it?"

8 And your answer is "No, she gave consent, Betty Riles

9 gave consent to search the car."?

10 A Yes.

11 Q That's your answer?

12 A Yes.

13 Q Okay?

14 A This refreshes my memory.

15 Q Thank you. Now, my earlier questions,

16 officer, related to your preparation of criminal

17 investigation -- of police reports, correct?

18 A Yes.

19 Q And one of the types of police reports that

20 you prepare is called a criminal investigation report?

21 A Yes.

22 Q And that's the same report that we have been

23 -- that you've been using here to refresh your

24 recollection?

25 A That's correct.

Ewing - Cross 29

1 Q And that's the same report that was marked

2 for identification in this case as --

3 MR. STORCH: D-1.

4 Q -- as D-1? This is D-1 your criminal

5 investigation report?

6 A Yes.

7 Q Okay. And you have a copy of D-1 in front of

8 you right now?

9 A I have the continuation page, yes.

10 Q The continuation page is the page that has

11 the entire narrative?

12 A That's correct.

13 Q Now, when you've finished preparing a

14 criminal investigation report, officer, if you're not

15 satisfied with what it says you can make changes to it,

16 can't you?

17 A Yes.

18 Q And if you're not satisfied with it you can

19 change it to say whatever you think it should say?

20 A The facts of the case, yes.

21 Q Your criminal investigation report, D-1

22 contained all the significant information in this case?

23 A Yes.

24 Q And there is no reference in D-1 to your

25 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

4 found drug paraphernalia on the person of Betty Riles

5 you would have considered that significant to the case?

6 A Yes.

7 Q And if you had found paraphernalia on the

8 person of Betty Riles you would have put that in your

9 report?

10 A Yes.

11 Q There's no reference in the report to anyone

12 finding drug paraphernalia in the car that Betty Riles

13 was in?

14 A No.

15 Q This is the same car that with your memory

16 now refreshed you recall was, in fact, searched?

17 A Yes.

18 Q By the way, was it you that searched the car,

19 officer?

20 A No.

21 Q You know who did it?

22 A No.

23 Q If drug paraphernalia had been found in the

24 car of Betty Riles that would have been significant to

25 the case?

Ewing - Cross 31

1 A Yes.

2 Q And if you became aware that drug

3 paraphernalia had been found in Betty Riles's car that

4 would have been in your police report?

5 A Yes.

6 Q You recovered three packets of heroin plus an

7 empty, is that correct?

8 A Yes.

9 Q And it's your testimony that all four of

10 these items that you recovered came from Betty Riles?

11 A Yes.

12 Q You never checked to see whether any of those

13 packets had latent fingerprints of Betty Riles?

14 A No.

15 Q You never tried to check to see whether any

16 of those packets had latent fingerprints of Betty

17 Riles?

18 A No.

19 Q You never submitted the packets to a

20 fingerprint detective to see whether they held the

21 latent prints of Betty Riles?

22 A No.

23 Q You also prepare arrest reports?

24 A Yes.

25 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

4 place someone under arrest?

5 A Yes.

6 Q You placed Pamela Williams under arrest?

7 A Yes. Me personally, sir, or our unit? I didn't

8 arrest anybody at the scene. It was all other members

9 of our unit. I was in the surveillance spot.

10 Q Okay. But it is you that prepared the arrest

11 report of Pamela Williams?

12 A That's -- I'm not sure. I don't recall.

13 Q Okay.

14 MR. MARAIN: May I approach the witness?

15 THE COURT: Yes.

16 Q Officer, I am showing you what's been marked

17 exhibit D-2 for identification. I ask if you would

18 please look at it and tell me if that is an arrest

19 report that you prepared concerning Pamela Williams?

20 A I can't recall. It has my name on it but anybody

21 can put the name, whoever does report.

22 Q Anybody can put your name on it?

23 A Sure. If I'm involved, whoever is involved with

24 the case we have approximately ten members of the unit

25 and we try to spread the arrests around so everybody

Ewing - Cross 33

1 gets an equal amount of arrests throughout the year.

2 So if we're all involved whoever is involved any

3 officer can have their name at the bottom of the

4 report.

5 Q So the person whose name happens to be on the

6 bottom of the report does not necessarily reflect who,

7 in fact, made the arrest?

8 A That's correct.

9 Q You're just sharing the wealth, as it were?

10 A Yes.

11 Q As you look at this report now, officer, are

12 you able to tell whether it was or was not you that

13 prepared it?

14 A No, I'm not sure.

15 Q It may have been, it may not have been?

16 A Right.

17 Q Officer, I'm going -- going to show you

18 what's been marked D-3 for identification and I will

19 leave this with you for a moment and I will also leave

20 D-2 with you. I'll be asking you some questions about

21 them. First of all, officer, do both D-2 and D-3

22 appear to be arrest reports for Pamela Williams?

23 A Yes.

24 Q Now, D-2, would you please look at D-2, box

25 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

8 out and female has been put in its place?

9 A Yes.

10 Q And now box fifteen is accurate?

11 A Yes in D-3.

12 Q On D-3. So that when you testified before

13 that changes can be made to police reports and arrest

14 reports, in fact, changes are made to police reports

15 and arrest reports as needed?

16 A Yes.

17 Q Okay. Now, on the first report D-2 in box

18 fifty, D-2 again relates to Pamela Williams, correct,

19 officer?

20 A Yes.

21 Q In box fifty specifies the offense that

22 Pamela Williams was being arrested for, correct?

23 A Yes.

24 Q And what box fifty recites is loitering?

25 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,

7 exactly what that statute says that you charged her

8 with. I'm giving you the text of something, officer,

9 and if I can read from 33-2.1 B that says "A person

10 whether on foot or in a motor vehicle commits a

11 disorderly persons offense if, one, he wanders, remains

12 or prowls in a public place with the purpose of

13 unlawfully obtaining or distributing a controlled

14 dangerous substance or controlled substance analogue,

15 and, two, engages in conduct that under the

16 circumstances manifests a purpose to obtain or

17 distribute a controlled dangerous substance or

18 controlled substance analogue." Did I correctly read,

19 officer, the text of the statute that you charged

20 against Pamela Williams?

21 A Yes.

22 Q Now, officer, I think we're finished with

23 these exhibits for now. Officer, after a person is

24 arrested, after you arrest someone you speak to a judge

25 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

3 judge to know how much bail to set the judge wants

4 information from you?

5 A Yes.

6 Q You spoke to a judge concerning Pamela

7 Williams?

8 A No.

9 Q Do you know who spoke to a judge concerning

10 Pamela Williams?

11 A No. It was probably my lieutenant. He's -- he

12 talks to the judges directly. He's -- he's in charge

13 of our unit.

14 Q Would you have been present, officer, when

15 the lieutenant spoke to the judge?

16 A Not necessarily, no.

17 Q Do you have a recollection right now as to

18 whether you were or were not present?

19 A I don't recall, no.

20 Q Officer, I'm going to bring back D-3 for you

21 to look at again. D-3 again is your arrest reports of

22 Pamela Williams, correct?

23 A Yes.

24 Q And D-3 reflects the amount of bail that was

25 set for Pamela Williams?

Ewing - Cross 37

1 A That's correct.

2 Q And the amount of bail that was set for

3 Pamela Williams is R. O. R.?

4 A Yes.

5 Q And R. O. R. means released on own

6 recognizance?

7 A That's correct.

8 Q That means she can leave and she doesn't have

9 to post any bail at all?

10 A Yes.

11 Q She just walks out of the police station and

12 goes home?

13 A Yes.

14 Q Or goes back to Henry Street. Wherever she

15 wants to go?

16 A Yes.

17 Q After you had seen her commit a crime for

18 which she could have been indicted and sentenced to

19 state prison for five years?

20 A Yes.

21 Q Loitering you've already testified is a

22 disorderly persons offense?

23 A Yes.

24 Q The fine for a disorderly persons offense is

25 up to one thousand dollars?

Ewing - Cross 38

1 A Yes.

2 Q And the maximum jail for a disorderly persons

3 offense is up to six months?

4 A I believe so, yes.

5 Q You saw Pamela Williams in possession of

6 cocaine?

7 A Heroin.

8 Q Heroin. Sorry. Correct?

9 A Yes.

10 Q You saw her using heroin?

11 A Yes.

12 Q That's what your report says?

13 A Yes.

14 Q And the fine for possession --

15 MR. STORCH: Objection, your Honor. Can we

16 go to side-bar?

17 (A discussion was held at side-bar as

18 follows.)

19 MR. STORCH: I have no objection to his line

20 of questioning but now if he is going to give the

>21 penalty for possession of cocaine or possession with

22 intent to distribute cocaine, it -- I believe it is

23 improper because then the jury is going to wonder what

24 -- what this -- what the defendant we're trying is --

25 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

3 have no objection and indeed I would welcome in the

4 Court's eventual charge to the jury the Court

5 indicating to the jury that the penalties for

6 committing crimes varies from crime to crime and even

7 within the same crime from case to case based on a

8 number of factors. I don't mind your Honor telling the

9 jury that this was adduced for a different limited

10 purpose and is something that they are not to consider

11 in guilt or innocence.

12 THE COURT: Well, the problem that I have,

13 Mr. Marain, is that you're asking a police officer to

14 testify as you just did about whether or not someone

15 could face five years, and he is really not competent

16 to answer that question and, I didn't want to interrupt

17 your cross-examination but I could -- I will permit

18 your -- what I think is your approach here to

19 demonstrate that she -- she was charged with a lesser

20 offense and that if she was charged with an indictable

21 offense it would be more serious or carry a greater

22 penalty.

23 But I don't think this officer is competent

24 to talk about years and -- and fines because obviously

25 unless we're talking about mandatory terms of

Ewing - Cross 40

1 imprisonment and fine is that he's aware of, which you

2 haven't laid the foundation for and which I would

3 probably not allow anyway, I think it's getting much

4 too focused on penalties, and I think you're -- you

5 know -- it's permissible to try to make this point, but

6 I think you can make it by just getting into generally

7 what's more serious and what's less serious and that's

8 what I would ask you to do.

9 MR. MARAIN: Okay. Thank you.

10 MR. STORCH: Thank you.

11 (Discussion at side-bar concluded.)


13 Q Officer, you never charged Pamela Williams

14 with possession of heroin?

15 A No.

16 Q And when the correction was made on the

17 original arrest report D-2 to reflect that Pamela

18 Williams was a female rather than a male there was no

19 correction made to the report to reflect the fact that

20 Pamela Williams was being charged with possession of

21 heroin?

22 A No, she wasn't charged with possession.

23 Q And, in fact, she was not charged with

24 possession of heroin, correct?

25 A No.

Ewing - Cross 41

1 Q Now, officer, inviting your attention to box

2 forty-eight of the arrest report, what you see there is

3 the complaint number that was signed against Pamela

4 Williams, correct?

5 A Yes.

6 Q And the complaint number that you see is

7 S-97-3301?

8 A Yes.

9 Q And what the S stands for in that number is

10 summons?

11 A Yes.

12 Q The other possibility would have been W?

13 A Yes.

14 Q If it were W it would have meant warrant?

15 A That's correct.

16 Q And when it's a warrant it means that the

17 person is locked up until she either posts bail or a

18 judge orders her release?

19 A Yes.

20 Q The summons means that the person is not

21 locked up?

22 A Yes.

23 Q So a summons is the same kind of document

24 that a person gets normally when they get a speeding

25 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.)



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

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