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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
vs.
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a James
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
Defendants.
)
)
)
)
)
)
)
)
)
NO. HCR 92-113
.
Trial in the above entitled cause was commenced before
the HONORABLE RUDY LOZANO, Judge of said Court, and a jury, at
the Federal Building, 507 State Street, Hammond, Indiana, on the
9th day of March, 1993, commencing at the hour of 8:35 a.m.
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United States Attorney,
1001 Main street, Suite A, .
Dyer, Indiana 46311
on behalf of the Government;
VOLUME 2
DANIEL J. SULLIVAN
OFFICIAL COU~T REPORTER - U. S. DISTRICT COURT
507 STATE STREET, HAMMOND, INDIANA 46320Page 2 •
APPEARANCES (Cont'd)
MR. BENJAMIN S. JACKSON,
442 North Calumet, Suite 200,
Chesterton, Indiana 46304
on behalf of defendant Lee Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin street,
valparaiso, Indiana 46383,
on behalf of defendant James Davis;
MR. JOHN McGRATH,
1108 west 133rd Avenue,
Cedar Lake, Indiana 46303,
on behalf of defendant Lynetta P. Durr;
•
•
Defendants Present in Person
DANIEL J. SULLIVAN
OFFICIAL COUR~·REPORTER - U. S. DISTRICT COURT
507 STATE STREET, HAMMOND, IN'DIANA 46320Page 3 31
•
•
"
.
(Court opened at 8:35 a.m.)
1
2
THE COURT:
Good morning, counsel.
Counsel, we're
3
still waiting for a few jurors so I thought I'd come out
4
and we could take care of some housekeeping matters and
5
that way when -- hopefully when the jurors are all here,·
6
we're able to get started on time.
7
As I understand it, counsel, there is only one motion
8
outstanding and -- well, it's not really a motion, it's one
9
matter outstanding and that's the Santiago Proffer?
10
MR. BELLA:
Yes, Your Honor.
11
THE COURT:
The Government has filed an in camera
12
proffer regarding the admissibility of certain
13
co-conspirator statements which it intends to offer into
14
evidence at this trial.
15
is governed by the rule enunciated in the United States vs.
16
Santiago and its progeny.
17
conditionally admit statements of co-conspirators before
18
the existence of the criminal conspiracy has been
19
established by the Government's evidence.
20
The admissibility of this evidence
Under that rule, the court can
Such statements are admitted subject to the condition
21
that the existence of the conspiracy has been established
22
by a preponderance of the evidence by the close of the
23
Government's case in chief.
24
critieal condition is not fulfilled, the Court can declare
25
a mistrial or it ca.n instruct the jury to disregard the
In the event that thisPage 4 32
•
1
2
Government, aware of the Court's usual practice, has
4
provided a pretrial proffer of the evidence it expects to
5
introduce to satisfy the Santiago conditions and
6
requirements.
8
As I understand it, Mr. Bella, copies of that have
been given to opposing counsel.
9
MR. BELLA:
That's correct, Your Honor.
10
THE COURT:
The Court has carefully reviewed this
11
proffer and is satisfied that if the evidence materializes
12
as the Government expects, the co-conspirator statements
13
are admissible.
14
The Court now orders that the statements of the
which the Government seeks to introduce
15
co-consp~rators
16
will be admitted subject to the Santiago condition.
17
is, these statements will be admitted into evidence if at
18
the close of the Government's case in chief, the existence
19
of the conspiracy alleged is established by a
20
of the evidence presented.
21
•
In order to avoid this error-prone course, the
3
7
•
statements conditionally admitted.
That
preponde~ance
Put another way, the statements will be admitted, if
22
at the close of the Government's presentation of
23
the Court finQs that the evidence presented establishes
24
that it is more likely than not that a criminal conspiracy
25
existed and that the statements in question were made in
evidence~Page 5 33
•
1
_. the course of and in furtherance of the conspi racy, and
2
that the defendants we're members of the conspiracy at the
3
time that the statements were made.
Counsel,
4
•
have also requested from you and
I
have
5
received a list of witnesses that may be called during this
6
case.
7
MR. BELLA:
Yes, Your Honor.
8
THE COURT:
The reason for this as I have explained to
9
•
I
counsel is so that
I
can ask the jury whether anybody knows
10
them.
I received a list from the Government, the
11
defendants have indicated that they have none.
12
the defendants' names will be read so in the event that the
13
defendants do testify, that will not be an exception to the
14
list.
Obviously
have exchanged this list?
15
Cou~sel
16
MR. BELLA:
17
MR. JACKSON:
18
THE COURT:
Yes, Your Honor.
Yes, Your Honor.
I have also requested from counsel a short
19
statement of what the case is about so that
20
the jury a little bit about the case.
21
advised me that its suggested statement of the case would
22
be Government's requested instruction number 8.
23
read that in place of going through the entire irtdictment.
24
Any objection from the defendants?
25
MR. TRUITT:
I
can read to
The Government has
I will
No objection from the defendant Davis,Page 6 34
•
•
•
1
Your Honor.
2
MR. McGRATH:
No objection, Your Honor.
3
MR. JACKSON:
No objection, Your Honor.
4
THE COURT:
Counsel have also requested
I will read
5
that -- have also requested an exception to the Court;s
6
usual practice of proceeding with a certain lineup of
7
attorneys during cross examination.
8
counsel that if they wish to change that
9
will hand me a piece of paper -- and in fact I will make
I have advised defense
lin~up,
if they
10
that from the very beginning so that way I'll know what
11
lineup of who starts cross examination, who finishes it.
12
That will be the order that I will ask .
13
In other words, assuming just as an example, Mr.
14
Jackson goes first, Mr. Truitt goes second and Mr. McGrath
15
goes third.
16
goes first, Mr. Jackson second and Mr. McGrath third, just
17
hand me a piece of paper so that I know when I'm asking
18
cross examination I'm not starting to stumble trying to
19
figure out who went first and who went last, you know, from
20
that previous time.
21
MR. BELLA:
22
MR. JACKSON:
Yes, Your Honor.
23
MR. McGRATH:
Yes, Your Honor •
24
MR. TRUITT:
25
THE COURT:--"All
If later on you want to change so Mr. Truitt
Is that agreeable to everybody?
Yes, Your Honor.
Yes, Your Honor.
~-
the Court will conduct the voirPage 7 35
•
1
dire examination of the jury.
2
to the court which counsel wish to have asked of the jury.
3
Questions may be submitted prior to the Court's voir dire
4
and may be supplemented after the Court's examination.
5
Following examination of twelve jurors seated in the
6
jury box, the exercise of challenges shall be conducted as
7
follows.
8
jurors to be challenged for cause and of those jurors to be
9
challenged preemptorily.
10
11
•
Each side shall prepare a written list of those
Counsel will approach the bench
and submit the list to the Court.
In this case there are three defendants.
I will want
12
one list from the defendants.
13
lead counsel for the defense can bring me the list.
14
Court will hear arguments on those jurors challenged for
15
cause."
16
as a preemptory challenge.
17
juror by both the Government and the defendant counts
18
against both.
19
•
Counsel may submit questions
Whoever you want to pick as
The
If a challenge for cause is denied, you may use it·
A
preemptory challenge of one
Those jurors remaining in the box after challenges are
20
exercised may not again be challenged except for cause.
21
The empty seats in the jury box will be filled and the
22
process will be repeated for those jurors not previously
23
examined.
24
25
The defendants as a total have a total of ten
preemptory challenges; the Governmertt has a total of six.Page 8 36
•
•
1
Counsel,
I
have been advised that we lost some jurors
2
as a result of yesterday continuing the case until today.
3
I had suggested that we have four alternates.
4
still want to have four?
5
call of jurors.
6
MR. JACKSON:
7
THE COURT:
Do counsel
We may have to have a follow-up
Yes, Your Honor.
A total of four alternate jurors will be
8
chosen, they will replace regular in the order in which
9
they are seated.
Each side, in other words all of the
10
defendants will have a total of two preemptory challenges;
11
the Government will have a total of two preemptory
12
challenges.
13
of course, do not carryover to the alternates.
Challenges from the regular panel of the jury,
14
Opening statements and final arguments of counsel and
15
counsel's examination of witnesses should be made from the
16
podium.
17
witnesses for the purpose of handling exhibits.
18
Court should be asked prior to witnesses leaving the
19
witness box for purposes of demonstration.
20
•
".
Leave of Court should be asked to approach
Leave of
Counsel, one of my pet peeves with attorneys is not
21
having exhibits premarked.
22
premark all of your exhibits only because that causes a
23
delay and that's something that we can save time on.
24
25
I would suggest that you
Obviously there are exceptions, there's some exhibits
that may come b¥ surprise, but otherwise have all of yourPage 9 37
•
1
exhibits marked and numbered.
2
problem of ending up with two exhibits with the same
3
numbers because when you're rushing through it you forget
4
what number the last one was.
5
proceed under the procedure that objection by one attorney
7
-- I'm talking about defense counsel -- is adopted by the
8
other defense counsel unless specifically indicated that
9
they want to opt out of that objection.
MR. JACKSON:
Yes, Your Honor.
12
MR. McGRATH:
Yes, Your Honor .
13
MR. TRUITT:
14
16
Is that the
procedure that you want?
11
15
•
I have also asked counsel whether or not they want to
6
10
•
That would also avoid the
.THE COURT:
Yes, Your Honor.
That will be the procedure that we have.
Any other questions?
I'm trying to think of other
things that we may be able to do.
17
Insofar as objections are concerned, gentlemen,
18
short concise objections, I do not want a final argument.
19
When you make an objection, please stand up and make the
20
objection.
21
the problem when you sit is that you have a voice that's
22
softer and I want to make sure that the record is made
23
complete so that's the reason why I'm asking you to stand
24
up to make your objection.
25
attorneys to hopefully stop the questioning so that, you
I
want
I don't care about your standing and sitting,
It also signals to the otherPage 10 38
'.
~.
1
2
Mr. Jackson.
3
MR. JACKSON:
4
•
Yes, Your Honor.
On behalf of Mr.
Edwards I move for separation of witnesses.
5
THE COURT:
Any objection?
6
MR. BELLA:
No objection, Your Honor.
7
case agent who
8
request assist me at counsel table.
9
agent, Vince Balbo of the DEA.
I
do have a
Special Agent Ted May of the FBI who I
There's a second case
Certain parts of the
10
investigation he primarily handled and I would request
11
permission to approach the bench and ask the court
12
permission for him to sit in perhaps for a portion of the
13
trial at a later time.
14
THE COURT:
15
MR. JACKSON:
Any objection?
Yes, Your Honor.
I believe the
16
Government's entitled to have only one case agent when a
17
motion for separation
18
Government can demonstrate that various -- which case
19
agents were specifically assigned to, and knowledge from
20
one case agent does not go over to the other, then I would
21
not -- I will object to the objection.
22
•
know, the objection can be heard.
THE COURT:
ot witnesses is made unless the
Anybody else?
Mr. Jackson, I'm not sure
23
that there's any rule that says they're entitled to only
24
one; I think that's discretionary with the Court.
25
under most cases, the court usually allows one.
However,
! willPage 11 39
•
•
•
1
allow Mr. May -- is that who your designated representative
2
is, Mr. Bella?
3
MR. BELLA:
Yes.
4
THE COURT:
Mr. May to be present during the trial.
5
In the event that there is somebody else because of
6
specific need that is necessary, I am not going to tell you
7
how I'm going to rule.
8
approach the bench and I may make an exception and allow
9
Mr. Balbo.
However, Mr. Bella, you may
10
MR. BELLA:
Yes, Your Honor.
11
THE COURT:
To be the exception.
However, before we
12
do that, approach the bench.
The Court will grant the
13
motion for separation of witnesses.
14
ordered to be outside of the courtroom except when
15
testifying.
16
to indicate to the witnesses what the testimony of another
17
witness was while on the stand.
18
defense counsel, of course, from talking to prospective
19
witnesses in preparation for trial, they just can't tell
20
them so and so said the following from the stand.
21
order will remain in tact throughout the entire trial.
22
objection?
All witnesses are
Witnesses nor attorneys nor anybody is allowed
23
MR. JACKSON:
24
MR. TRUITT:
25
MR. McGRATH:
No .
No objection.
N~
objection.
That does not prohibit
This
AnyPage 12 ~o
•
•
•
1
MR. BELLA:
No objection.
2
THE COURT:
Counsel, I don't know who your witness
3
are, and the list that the Government has given me is
4
somewhat substantial.
5
out in the courtroom because if they should walk in by
6
accident, I don't want to get into a problem later.
7
keep an eye on it and if they should come in, if you want a
8
recess to be able to get a witness out, I will grant that.
9
Also I would suggest to all counsei that in the event
I'm going to ask you to keep an eye
So
10
that they want to -- strike that.
That in the event that
11
they have witnesses who testify, that they advise the
12
witnesses not to talk to anybody else because the first
13
question that usually occurs when a witness walks outside
14
of the courxroom is people come up to them and say what did
15
they ask you on the stand.
So hopefully we can avoid that.
16
Mr. Bella, is there a Grand Jury this week?
17
MR. BELLA:
18
MR. McGRATH:
19
MR. BELLA:
I have a matter that's
20
THE COURT:
Gentlemen, if there is not a Grand Jury --
No, I don't think so.
I believe there is, Your Honor.
21
I'm talking to defense counsel now -- if you want to meet
22
in a room, I will allow to you have -- I call it a blue
23
room back there only because there's blue furniture -- to
24
meet back there and that way you can have some conferences
25
in private instead of having to talk out into the hallway.Page 13 41
If you want that, would you kindly let my staff know.
Because it's back in the area where the Grand Jury is at, I
cannot allow that while the Grand Jury is meeting.
But in
the event that there's no Grand Jury and if you want that
room, advise me and I will make it available to you.
MR. BELLA:
I
believe the Grand Jury will be here this
week, not today, but for the remainder of the week.
After
today I think there will be a Grand Jury.
Forget about the offer 'then because it's
THE COURT:
going to be moot if it's after today for the entire time.
Also gentlemen, on Friday because of another
commitment that just became necessary yesterday late
afternoon, I'll probably be quitting approximately at four
o'clock.
T~at
might be for the best anyway because it's
the weekend and I think I've indicated to all counsel
before it is my practice not to want to give a case to the
jury late on Friday anyway, so we might be quitting a
little bit early on that day.
Is there anything else that we need take up, any other
MR. McGRATH:
Your Honor, there's a possibility that
we might be able to streamline the laying of foundation of
the tapes, we're going to coordinate that with Mr. Bella.
We can present that later today to you.
The other thing tnat we ask if Mr. Bella at the end ofPage 14 42
•
"
.
1
the day can give an idea of what witnesses he would call
2
the next day because it's so extensive, the discovery, it
3
would help us --
4
witnesses are going to be for -- who you expect to be a
6
witnesses for the following day.
7
MR. BELLA:
Yes, Your Honor.
8
THE COURT:
Obviously I will give you some latitude
10
•
Mr. Bella, can you kindly advise who your
5
9
•
THE COURT:
for a mistake as long as it's, you know, not something that
occurs all the time.
11
Also with regards to defense counsel insofar as cross
12
examination of witnesses, I will not allow the same area to
13
be gone into depth on cross examination for each defense
14
counsel.
15
cannot be gone into by other defense counsel unless it's in
16
a different way or a different area or you want to bring
17
~omething
18
the same question asked three times, the same impeachment
19
asked three times.
If it's covered by one defense counsel, then it
different out from that area.
20
Any problem, any objection?
21
MR. JACKSON:
22
THE COURT:
No, Your Honor.
Okay.
Anything else that we can do to
the case along and I'll try to find out how our juror
23
mo~e
24
situation is.
25
But I do not want
MR. BELLA:
Your
'~onor,
the Government
ha~
submitted aPage 15 43
•
•
.
1
list of witnesses.
2
think who will actually be called, but to be safe, I
3
thought the names of any potential witnesses be read to the
4
jury.
5
error.
The last name on that list, the spelling may be in
Nancy Vandegrift.
V as in victory, A-N-D-E
6
THE COURT:
I have Nancy LeVechia.
7
MR. BELLA:
That's an error, Your Honor.
8
THE COURT:
You want to correct it, counsel.
9
MR. BELLA:
Thank you, Your Honor.
10
THE COURT:
No problem.
11
with regards to the ladies that are out in the
12
audience, while we're voir diring the jury and only during
13
that period of time,
14
back row on the far right side.
15
picked, then if you want to come up, you want to sit on the
16
right side or the left side, with certain, a few
17
exceptions, you can sit anywhere you want.
18
picking the jury,
19
with the prospective jurors.
20
•
There are more witnesses there than I
am going to require you to go to the
Once we have a jury
But while we're
don't want the audience to be mixed
Counsel, do you want to make the corrections on your
21
list.
22
Vandegrift.
23
I
I
The last name he has changed from LeVechia to
V-A-N-D-E-G-R-I-F-T.
MR. BELLA: One other -- couple others, Your Honor.
24
The -- yesterday when we had a conference in chambers, the
25
-- some of the other
de~ense
attorneys requested orPage 16 44
•
.
1
. inquired regarding Grand Jury transcripts of witnesses
2
Karen Pertuso, Vincent Balbo, with regard to Grand Jury
3
proceedings that did not lead to the indictment of this
4
case, but led to the indictments of other defendants who
5
were at one point or another somehow connected with Mr.
6
Edwards.
I pulled those Grand Jury transcripts; I do not
7
•
8
believe they had a connection with this case.
9
through them.
read
I don't -- still don't think they have a
10
connection with this case.
11
offices here in Hammond and defense counsel are welcome to
12
examine those transcripts and to obtain copies if
13
necessary.
However, I do have them in our
Also the -- at the status conference defense counsel
14
15
and
16
to get together regarding any remaining discovery matters.
17
Since that date, additional materials were furnished to
18
defense counsel.
19
objections or any motions based on those.
20
•
I~ve
the Judge ordered defense counsel and the Government
THE COURT:
It's my understanding there's no
Also counsel, for the record, the
21
conference that I had with you yesterday was in an effort
22
to see if we could move the case along.
23
the merits in any way, shape or form, is that correct?
24
MR. BELLA:
25
MR. JACKSON:
We did not discuss
That's correct, Your Honor.
That'sPage 17 45
•
1
MR. McGRATH:
2
MR. BELLA:
Something else, housekeeping matters, I do
4
THE COURT:
Is that correct, Mr. Truitt?
5
MR. TRUITT:
6
THE COURT:
Okay.
7
MR. BELLA:
I did want to address those items for the
3
•
want
That is correct, Your Honor.
I'm sorry.
8
record today to make sure that defense counsel are in
9
concurrence and that they know about the Grand Jury
10
transcripts as well.
11
THE COURT:
12
Bella'S statements?
Any objections or any corrections to Mr.
13
MR. JACKSON:
No, Your Honor.
14
MR. TRUITT:
None, Your Honor.
15
MR. McGRATH:
16
THE COURT:
No.
Counsel, again he said that some
17
transcripts were available.
18
remind me I will give you' a little bit longer recess.
19
Probably won't be during the morning because we'll be
20
picking a jury, but like, you know, usually I have a recess
21
at ten and one at three.
22
•
Also correct.
If you want to do it, if you
The one at three I'll make a little bit longer for you
23
if you want to go upstairs and look at or if you want to
24
wait until the end q.f the day obviously you won't need a
25
longer recess then.
Or if you want to do it during thePage 18 46
•
1
lunch hour.
2
going to be looking for you guys within about ten or
3
fifteen minutes.
MR. BELLA:
4
hand the transcripts to my secretary this morning and ask
6
her to make copies so I'll have copies available.
7
THE COURT:
8
Anything else that we need cover insofar as the trial,
10
That's even better.
insofar as moving it along?
Any questions, any
housekeeping matters?
Gentlemen, out of caution what
11
I
have done because
I
12
was concerned with the number of jurors that we've had, I
13
have requested that we get a few more jurors rather than to
14
pick a jury and then run out of jurors and then have
15
some more.
16
•
Another recall, Your Honor, I think I did
5
9
•
But remind me, though, because otherwise I'm
I
~o
get
think it's going to be about 10 or 15 minutes before
17
they come so you maybe can get a cup of coffee.
18
that was a better way to go than to run out of jurors and
19
then have to go through the entire process of instructing
20
them and then bringing them in.
21
couple of minutes to kill.
22
coffee or prepare something you can during that period of
23
time •
24
25
Is there
anythi~~
to address before I --
I
thought
So we're going to have a
If you want to get a cup pf
else that we should address or havePage 19 47
•
1
MR. BELLA:
No, Your Honor.
2
THE COURT:
We'll stand in recess for a few minutes.
3
I'll let you know as soon as we have all the jurors.
(There was a recess taken.)
4
5
•
Counsel, I have also given to you a list
6
of prospective jurors for this case.
7
you want to write on them or not, however, when the case is
8
completed -- strike that.
9
you're going to have to give them back to the clerk.
I don't care whether
When the voir dire is
c~mpleted,
So if
10
you have any secret notes that you want to write on there,
11
you're going to be giving them back so it's up to you.
12
Mr. Truitt .
13
MR. TRUITT:
14
15
Your Honor, I have the list of order of
cross examination which I will tender to the Court.
THE COURT:
Thank you, Mr. Truitt, I was just going to
16
ask about that and I was forgetting it and thank you for
17
bringing it back to my attention.
18
19
20
21
•
THE COURT:
Mr. McGrath, you gave me a limiting instruction
yesterday; that's no longer necessary, is it?
MR. McGRATH:
That's correct, Your Honor.
I also withdraw my motion to sever.
Your Honor,
It's moot.
22
THE COURT:
Any objection?
23
MR. BELLA:
No, Your Honor •
24
THE COURT:
That's granted.
25
Does anybody know of any reason why we shouldn't callPage 20 48
•
1
the jury up?
2
MR. BELLA:
3
MR. TRUITT:
None, Your Honor.
4
MR. McGRATH:
No, Your Honor.
5
THE COURT:
No.
Call the jury.
(The trial of this cause continued with the
selection of a jury, which was recorded
stenographically but ordered not t,,~anscribed
herein.
proceedings continued as 'follows:)
6
7
8
9
10
•
Mr. Truitt, is this the order that you are
going to go?
11
MR. TRUITT:
Yes, Your Honor.
12
THE COURT:
You may be seated.
Ladies and gentlemen,
13
in a moment I'm going to recess for lunch.
14
instructed not to discuss this case with anyone.
15
attempts to discuss the case with you, please report that
16
to me.
17
you have heard only a part of it and you must reserve your
18
judgment in this case until it is given to you for
19
deliberations.
20
•
THE COURT:
You are
If anyone
You must remember that until the case is completed,
You are further instructed that you are not to speak
21
or fraternize with any of the parties to this suit or their
22
representatives, attorneys or witnesses while the case is
23
being tried.
24
has nothing to do with_.the case, your conversation or
25
fraternizing with any of the people involved in the case is
Even though the subject of your conversationPage 21 .,
'49
1
bound to be misunderstood by your fellow jurors and by the
2
parties themselves.
3
You are reminded of your great responsibility as
4
jurors and that your conduct during the trial of this case
5
is the subject of scrutiny by the Court, your fellow
6
jurors, and all of the parties and attorneys.
7
important that you be entirely circumspect in the manner in
8
which you go and come from the courtroom in order
9
one may doubt that this case is being fully and fairly
10
no
By the same token, it should be remembered that the
12
lawyers, parties and their representatives and witnesses
13
must not under any circumstances talk with or fraternize
14
with
15
•
~hat
tried so that the ends of justice may be served.
11
•
It is most
membe~s
of the jury during the trial of this case.
with that, ladies and gentlemen, I'm going to allow
16
you to break for lunch.
17
twelve.
18
take you up to the juryroom so that you're aware of where
19
you have to go during the breaks and where you will be
20
going as we break here in court.
21
-- and you if want to leave anything there, you may -- you
22
may go and
23
to have you back here at five minutes until two.
24
2$
It is now about 18 minutes after
I'm going to, before you leave, have the Marshals
Once you've seen the room
go ahead and break for lunch.
I would like
with that, you may follow the Marshal upstairs.
(The jury were escorted from the courtroom,
and the following proceedings were had,Page 22 50
•
2
You may be seated.
To the rest of the
veniremen who have been unchosen,
4
of you for being here this morning ready to serve.
5
can see, we've never quite sure exactly how many jurors
6
we're going to need.
7
serve.
8
be necessary since we already have a jury.
9
to be dismissed, if any of you need any 'work slips, the
I
I
want to thank the rest
As you
appreciate your being here ready to
At this time your services are no longer going to
You
a~e
going
Clerk's office will take care of that downstairs.
11
Mr. Koch, is there another case pending?
12
You are free to go home .
13
Counsel,
I
would request that nobody leave the
14
courtroom until all of the jurors have gone to lunch.
15
would also appreciate it at this time if you would return
16
your jury -- prospective jury list to the Clerk.
17
18
•
THE COURT:
3
10
•
reported as follows:)
1
I
Anything counsel wish to address the Court about we
take our recess for lunch?
19
MR. BELLA:
What time do we start again, Your Honor?
20
THE COURT:
I told the jury to be here by five minutes
21
until two.
22
minutes until two.
23
miQutes until, but I'm hoping that we'll at least get
24
started at two o'clock.
25
get started on time.
I
will request that counsel be here by ten
I doubt that we'll start at five
Hope springs eternal, maybe we canPage 23 51
•
1
with that, if there's nothing further, enjoy your
2
lunch and I'll see you here at about ten minutes until two.
3
4
5
6
7
8
9
10
11
•
12
13
14
15
16
17
18
19
20
21
22
23
•
24
25
(At 12:25 p.m. the trial was recessed, to
reconvene at 1:55 p.m. in the afternoon of
the same day.)Page 24 •
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
vs.
)
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a James
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
Defendants.
•
NO. HCR 92-113
)
)
)
)
)
)
)
Trial in the above entitled cause was reconvened
before the HONORABLE RUDY LOZANO, Judge of said Court, and a
jury, at the Federal Building, 507 State Street, Hammond,
Indiana, on the 9th day of March, 1993, commencing at the hour
of 2:20 p.m.
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United States Attorney,
1001 Main Street, Suite A,
Dyer, Indiana 46311
on behalf of the Government;
•
DANIEL,J. $ULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET, HAMMOND, INDIANA 46320Page 25 •
APPEARANCES (Cont'd)
MR. BENJAMIN S. JACKSON,
442 North Calumet, Suite 200,
Chesterton, Indiana 46304
on behalf of defendant Lee Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin Street,
Valparaiso, Indiana 46383,
on behalf of defendant James Davis;
MR. JOHN McGRATH,
1108 West 133rd Avenue,
Cedar Lake, Indiana 46303,
on behalf of defendant Lynetta P. Durr;
•
•
Defendants Present in Person
DANI·EJ, J. SULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET, HAMMOND, INDIANA 46320Page 26 .
•
2
4
5
THE COURT:
about before
I
Anything counsel wish to address the Court
call the jury down?
MR. BELLA:
Your Honor, we will be introducing some
6
exhibits with the first several witnesses.
7
numbers I anticipate will jump around quite a bit.
The exhibit
8
THE COURT:
Doesn't bother me at all.
9
MR. BELLA:
The one thing that may cause some
10
difficulty is Exhibit 1 has several items inside of it
11
which I have marked lA through IJ, and I don't know if the
12
Court has a form that it goes by that might throw the lines
13
off in the form.
14
THE COURT:
Counsel, Number 1 is admitted, assuming
15
for a moment.
16
through 1J inside of it.
Then -- and you can say, which includes 1A
Then they're all admitted.
17
MR. BELLA:
Okay.
18
THE COURT:
And now if you introduce lA, then only 1A
19
•
(Court reconvened at 2:20 p.m. without the
jury present in open court.)
1
3
•
54
is admitted.
20
MR. BELLA:
Very well.
21
THE COURT:
But if you make it clear that it's a group
22
exhibit consisting of lA through 1J and you want to admit
23
a).l of Number 1, then the record will so reflect it.
24
MR .. BELLA:
Very well •
25
THE COURT:
It all depends on how you move.Page 27 "
•
55
.
1
MR. BELLA:
Okay.
2
THE COURT:
Anything else?
(The jury were escorted into the courtroom,
and the trial resumed in open court,
reported as follows:)
3
4
5
•
•
Call the jury.
THE COURT:
You may be seated.
Members of the jury,
6
now that you have been selected as jurors and have been
7
sworn and before we begin the trial,
I
8
you about what will be happening.
want to describe how
9
the trial will be conducted and explain what we will be
I
would like to tell
10
doing; you, the lawyers for both sides and myself.
11
end of the trial,
12
how you are to go about reaching your decision.
13
simply want to explain how the trial will proceed.
14
I
At the
will give you more detailed guidance on
But now
I
This criminal case has been brought by the United
15
states Government.
16
States Government as the Government and sometimes as the
17
prosecution.
18
by Assistant United States Attorney, Mr. Dan Bella.
19
defendant Lee Andrew Edwards is represented by Attorney
20
Benjamin Jackson.
21
James Jefferies, alSo known as Little James, is represented
22
by Robert Truitt.
23
represented by John McGrath.
24
25
I will sometimes refer to the United
The Government is represented at this trial
The defendants
The
The defendant James Davis, also known as
The defendant Lynetta Durr is
~ave
been charged by the Government
with violations of federal law.
Again, ladies andPage 28 56
•
•
1
gentlemen, I'm going to read to you a short synopsis of
2
what the case is about.
3
This is a criminal case brought by way of an
4
indictment by the United states of America against Lee
5
Andrew Edwards; James Davis, also known as James Jefferies,
6
also known as Little James; and Lynetta Durr.
7
is charged in the following counts of the indictment with
8
the following offenses.
9
indictment, with conspiring with others to violate federal
In Counts 1, 2 and 3 of the
10
narcotic laws.
11
in a continuing criminal enterprise, that is, that Mr.
12
Edwards committed a continuing series of violations of
13
federal narcotic laws in concert with five or more
14
individuals-with respect to whom Mr. Edwards occupied a
15
position of organizer or manager and from which a series of
16
violations, Mr. Edwards obtained substantial income or
17
resources.
In Count 4 of the indictment, with engaging
In Counts 5, 6, 7, 9 and 11, with distribution of
18
•
Mr. Edwards
19
heroin on the dates alleged in those counts.
20
and 10 of the indictment with distribution of cocaine on
21
the dates alleged in those counts.
22
indictment, with possession with intent to distribute
23
herain on October 11, 1990.
24
with
~5
October 11, 1990.
posses~ion
In Counts 8
In Count 12 of the
In Count 13 of the indictment,
with intent to distribute cocaifie on
._ , ..•.Page 29 57
•
1
2
a firearm during and in relation to a drug trafficking
3
crime on October 11, 1990.
4
of the indictment, with using a telephone to facilitate the
5
6
•
And in Counts 25, 26, 36 and 38
to commission of a felony under federal narcotics laws
on the dates alleged in those counts.
7
James Davis, also known as James Jefferies, also known
8
as Little James, and Lynetta Durr are charged in count 3 of
9
the indictment with conspiring together with Lee Andrew
10
Edwards and with others to violate federal narcotic laws.
11
James Davis is also charged in Counts 23, 24, 25 and 26 of
12
the indictment with using a telephone to facilitate, to
13
commission of a felony under federal narcotic laws on the
14
dates alleged in those counts.
15
•
In Count 14 of the indictment, with using and carrying
Lynetta Durr is also charged in Count 30 of the
16
indictment with using a telephone to facilitate the
17
commission of a felony under federal narcotic laws on
18
September 18, 1990.
19
The defendants have pled not guilty to these charges.
20
The charges against the defendants are contained in
21
the indictment.
The indictment is simply the description
22
of the charges made by the Government against the
23
defendants.
24
defendants pled not guilty to the charges and deny
25
eommitting the offenses.
It is not evidence of anything.
The
They are presumed innoeent andPage 30 58
•
1
may not be found guilty by you unless all twelve of you
2
unanimously find that the Government has proved their guilt
3
beyond a reasonable doubt.
4
•
5
statements.
6
you about the evidence which it intends to put before you
7
so that you will have an idea of what the Government's case
8
is going to be.
9
neither is the opening statement evidence.
The Government's opening statement will tell
Just as the indictment is not evidence,
Its purpose is
10
only to help you understand what the evidence will be and
11
what the Government will try to prove.
12
After the Government's opening statement, the
13
defendants' attorneys will make an opening statement.
14
this point
15
either side.
16
~n
At
the trial, no evidence has been offered by
Next the Government will offer evidence that it says
17
will support the charges against the defendants.
18
Government's evidence in this case will consist of the
19
testimony of witnesses as well as documents and exhibits.
20
•
The first step in the trial will be the opening
Some of you have probably heard the terms
21
circumstantial evidence and direct evidence.
22
concerned with these terms.
23
evidence given in this trial.
24
25
The
You are to consider all the
After the Government's evidence, the
attorney -- attorneys
m~y
Do not be
defendant'~
present evidenc$ in thePage 31 59
•
1
defendants' behalf, but they are not required to do so.
2
remind you that the defendants are presumed innocent and
3
the Government must prove the guilt of the defendants
4
beyond a reasonable doubt.
5
prove their innocence.
7
sides, the Government and the defense will each be given
8
time for their final arguments.
I just told you that the opening statements by the
9
10
lawyers are not evidence.
11
arguments.
12
arguments, the attorneys for the Government and the
13
defendants will be attempting to summarize their cases and
14
help you understand the evidence that was presented.
The same applies to the closing
They are not evidence either.
In their closing
The final part of the trial occurs when
15
•
The defendants do not have to
After you have heard all of the evidence on both
6
•
I
I
instruct you
16
about the rules of law which you are to use in reaching
17
your verdict.
18
leave the courtroom together to make your decision.
19
delibe~ations
20
explain your verdict to anyone.
After hearing my instructions, you will
Your
will be secret; you will never have to
21
Now that I have described the trial itself, let me
22
explain the job that you and I are to perform during the
23
trial.
24
case.
25
by the attorneys as we go along and also in the final
I will decide which rules of law apply to this
I
will decide this in response to questions raisedPage 32 60
1
instructions given to you after the evidence and the
2
arguments are completed.
3
Government has proved beyond a reasonable doubt that the
4
defendants have committed the crimes with which they are
5
charged.
6
in the case and my instructions about the law.
7
•
You must base that decision only on the evidence
No statement or ruling or remark which I may make
8
during the presentation of testimony is intended to
9
indicate my opinion as to what the facts are.
You are to
10
determine the facts.
11
decide upon the believability of the evidence and its
12
weight and value .
13
In this determination, you alone must
In considering the weight and value of the testimony
14
of any witness, you may take into consideration the
15
appearance, attitude and behavior of the witness, the
16
interest of the witness in the outcome of the case, the
17
relation of the witness to the Government or the defendant,
18
the inclination of a witness to speak truthfully or not,
19
the probability or improbability of the witnesses'
20
statements and all other facts and circumstances in
21
evidence.
22
•
You will decide whether the
Thus you may give the testimony of any witness just
23
such weight and value as you may believe the
24
such witness is
25
entitl~d
testi~ony
of
to receive •
During the course of the trial, you should not talkPage 33 '
•
61
1
with any witness or with the defendant or with any of the
2
lawyers in the case.
3
any subject at all.
4
trial you should not talk about the trial with anyone else.
5
Not your family, not your husbands, not your wives, not
6
your friends, not the people you work with.
7
should not discuss this case among yourselves until I have
8
instructed you on the law and you have gone to the juryroom
9
to make your decision at the end of the trial.
10
Please don't not talk with them about
In addition, during the course of the
Also you
It is important that you wait until all the evidence
11
is received and you have heard my instructions on rules of
12
law before you deliberate among yourselves.
13
Let me add that during the course of the trial, you
14
will receive all the evidence you may properly consider in
15
this case.
16
gather any information on your own which you think might be
17
helpful.
18
attempt to visit any of the places mentioned in the case
19
and do not in any other way attempt to learn about the case
20
outside of the courtroom.
21
•
.
Because of this, you should not attempt to
Do not engage in any outside reading, do not
Now that the trial has begun, you must not read about
22
it in the hewspapers or watch or listen to television or
23
radio reports of what is happening here.
24
these rules as I a·m cert-ain you will understand is that
25
your decision in this case must be made solely 011 the
The reason forPage 34 "
•
1
evidence
at the trial in this courtroom.
3
objection to a question asked by another lawyer or to an
4
answer by a witness.
5
requesting that I make a decision on a particular rule of
6
law.
7
from my rulings on the objection.
8
legal questions that I must determine and should not
9
influence your thinking.
This simply means that the lawyer is
Do not draw any conclusion from such objections or
These only
rela~e
to the
If I sustain an objection to a question, the witness
11
may not answer.
12
have been given had
13
Similarly, if I tell you not to consider a particular
14
statement, you should put that statement out of your mind
15
and you may not refer to that statement in your later
16
deliberations.
Do not attempt to guess what answer might
I
allowed the question to be answered •
During the course of trial,
17
I
may ask a question of a
18
witness.
19
opinion about the facts in the case.
If I do, that does not indicate that I have any
Finally, let me clarify something that you may wonder
20
•
pr~sented
At times during the trial, a lawyer may make an
2
10
•
62
.
21
about later.
22
interrupt the proceedings to confer with the attorneys
23
about
24
we will talk here at
2S
conferences In'ay take time.
t~e
During the course of the trial, I may have to
rules of law which should apply here.
th~,"
SO$etimes
bench, but some of these
As a cQnvenience to you, I willPage 35 OPENING STATEMENT - GOVERNMENT
•
1
excuse you from the courtroom.
2
interruptions as much as possible, but please be patient
3
even if the trial seems to be moving slowly because
4
conferences often save time for all of us.
6
by you of your duties is vital to the administration of
7
justice.
With that, counsel for the Government may proceed
8
9
with their opening statement.
10
MR. BELLA:
Thank you, Your Honor.
11
ladies and gentlemen.
12
services as jurors in this case .
Good afternoon,
First of all, thank you for your
This case involves evidence regarding a drug
13
14
trafficking organization run by the defendant Lee Edwards.
15
And I expect, ladies and gentlemen, that the evidence will
16
show to you that this drug trafficking organization run by
17
this particular defendant started before 1986, and
18
continued through October of 1990.
The evidence that you will hear, ladies and gentlemen,
19
•
will try to avoid such
Remember, ladies and gentlemen, faithful performance
5
•
I
63
20
will show to you that various persons worked for Lee
21
Edwards and the cast of people working for Lee Edwards
22
changed over the span of years from before 1986 through
23
1990,.
24
of the organization .
25
But always, the defendant Lee Edwards was in charge
The investigation that led to these charges also ledPage 36 OPENING STATEMENT - GOVERNMENT
1
to the downfall of the defendant Lee Edwards and to the end
2
of his drug trafficking organization.
This investigation, ladies and gentlemen, consisted
3
•
4
of informants, both within the Edwards drug trafficking
5
organization and without it who dealt with him.
6
consisted of surveillance by law enforcement officers; it
7
consisted of what's called controlled purchases where a
8
specific individual would be searched, provided with money,
9
sent to meet in this case Mr. Edwards, make a purchase of
10
drugs from him, and then return with the drugs to the law
11
enforcement officers.
It
It consisted of wiretaps on Mr. Edwards' telephone,
12
13
actually two telephones, that he operated his drug
14
trafficking. from two different residences.
15
consisted of search warrants, search warrants that were
16
served in October of 1990, and the service of those search
17
warrants by searching these residences used by Mr. Edwards
18
in his drug trafficking spelled the end of his
19
organization.
And it
There were several different charges that arose from
20
•
64
21
all of this investigative activity which finally brought us
22
here today, ladies and gentlemen.
23
cha~ge
24
that is the sale of cocaine and heroin.
25
The charges include a
of distribution of cocaine and heroin, distribution
-
Another charge that you'll hear of this on isPage 37 OPENING STATEMENT - GOVERNMENT
•
1
. possession with intent to distribute, that is to possess
2
cocaine or heroin intending to distribute or to sell it.
3
communication facility.
5
assist Mr. Edwards and those working for him in drug
6
trafficking.
7
these drug sales.
9
In this case a telephone, to
It's a crime to use a telephone to assist in
And finally you will hear of a charge known as
maintaining a continuing criminal enterprise.
Andwhat
10
that charge entails is that during the period of this drug
11
trafficking activity of Lee Edwards, he had at least five
12
individuals, and
13
there were more than five individuals, but at least five
14
individuals working with him in his drug trafficking
15
organization that were associated with him and with regard
16
to whom Lee Edwards directed, he organized and
17
their activities.
18
substantial income.
19
•
Another charge that you will hear of is use of a
4
8
•
65
I
--
the evidence will show to you that
d~rected
And from that activity he made a
Putting all those elements together, the continuing
20
series of violations of the drug trafficking laws, more
21
than five people working with him who he directed, and from
22
whom he obtained a substantial income that amounts to
23
maintaining a continuing criminal enterprise.
24
heat about that charge as well.
25
There were
dift~rent
And you'll
echelons in the Edwards drugPage 38 OPENING STATEMENT - GOVERNMENT
•
1
trafficking organization, and you'll hear evidence of these
2
different levels, if you will, starting with the source of
3
the drugs to Lee Edwards himself.
4
and heroin from different sources.
6
from someone by the name of Raymond Davis, also known as
7
Moose.
9
•
You'll hear evidence that Lee Edwards obtained cocaine
5
8
•
66
He obtained these drugs
A number of these people have nicknames.
He obtained drugs from another individual by the name
of Robert Burrell; from another individual by the name of
10
Robert Matthews, and from a Nigerian who brought heroin to
11
him, white heroin which is very special, by the nickname of
12
Abi whose full name was Abiodun Agbele .
13
So you'll hear these different sources of drugs that
14
people from whom Lee Edwards got the cocaine and heroin
15
which he in "turn distributed to others.
16
And then the next echelon you'll hear of Lee Edwards'
17
most trusted associates, most trusted people who worked for
18
him and sold drugs for him.
19
the name of Flakes Kellum who would get supplies of drugs
20
from Lee Edwards prepackaged for sale, and then take them
21
to another location and from there Flakes Kellum would sell
22
them to others and then return the money to Lee £dwards.
23
Another of his most trusted people, Rosetta Pirtle, also
24
known as Ponderosa.
25
These
individual~
And those included somebody by
would sell drugs for Mr. Edwards andPage 39 OPENING STATEMENT - GOVERNMENT
•
•
•
1
67
from those drug sales they would get a share of the money.
Then you'll hear the next echelon, those who also
2
3
sold drugs but they would get drugs in quantities to
4
distribute.
5
James Barefield, and the defendant Lynetta Durr, people who
6
would pick up drugs from Lee Edwards and sell them to
7
others.
8
Pirtle, but still significant people.
9
to you that these people would get
And those people would include James Davis,
Not his most trusted as Flakes Kellum or Rosetta
And it
drug~
wil~
be clear
from Lee Edwards
10
and sell them to others.
11
defendant James Davis as well as the defendant Lynetta
12
Durr •
13
And that would include the
And the next echelon.
You'll hear of runners, people
14
who weren't getting supplies of drugs from Lee Edwards to
15
sell to others, but people rather who would perform errands
16
for him.
17
residences, they would take drug orders.
18
orders, they'd let Lee Edwards know who was calling, what
19
they were ordering and he'd prepare the drugs for them then
20
to deliver to these others.
21
and meet other people on street corners or out in the yard
22
and they'd run the drugs out to them, street corners, by
23
mail boxes, by service stations.
24
25
They would answer his telephone at his two
After taking drug
And they'd run the drugs out
And these people would include people like Willie
McIntosh aftd Brett
Gt1y~on.
And you'll hear of all thesePage 40 OPENING STATEMENT - GOVERNMENT
•
1
2
And then also Lee Edwards had relatives, people who
were living in his home who would also perform the services
4
of these runners, if you will, that is, answering the
5
telephone, taking drug orders, running drugs out to people.
6
But they would also perform other miscellaneous functions
7
for him.
8
live in his home from time to time would include Willie
9
Edwards, a nephew, Phenether Buchanan', another relative of
11
And these relatives, people who would actually
his, and his wife Lorri Edwards.
Getting away from his organization in the echelon, he
12
had people who would work for him, for an moment getting
13
back to the charges that will be presented to you during
14
the course of the trial; you'll hear that on six dates in
15
particular, Lee Edwards himself sold drugs to an individual
16
named Walter Pettigrew.
17
•
people through the course of the evidence.
3
10
•
68
And sometimes during these sales -- these were
18
controlled the buys I was talking about, sometimes during
19
these sales, agents would be watching and would watch Mr.
20
Pettigrew get together with Lee Edwards.
21
occasions agents would accompany Mr. Pettigrew and actually
22
go with him.
23
Mr. Pettigrew purchased drugs from Lee Edwards.
24
25
And on other
So you'll hear of six different dates where
You'll also hear of the date October 11, 1990, which
is th,e date that law'enforcement agents executed searchPage 41 OPENING STATEMENT - GOVERNMENT
•
1
warrants and these search warrants directed the law
2
enforcements agents to search two residences owned by Lee
3
Edwards, a residence at 460 Taft Place in Gary, and another
4
residence at 1522 Taft Street in Gary.
5
were seized at the residence that Lee Edwards was using at
7
that time, the residence where he was operating out of, 460
8
Taft Place.
9
was possessing drugs at that location with intent to sell
11
•
And you'll hear that as a result of this search, drugs
6
10
•
69
And from that you will see that
~ee
Edwards
them, another one of the charges we discussed.
Another charge I didn't tell you about before and
12
that's a charge of using a firearm during and in relation
13
to a drug trafficking crime.
14
search~
15
fired a gun during the course of that search.
16
we'll make out another charge that will be presented to you
17
and that's a charge of using a firearm during and in
18
relation to a drug trafficking crime.
19
there were guns in that house and actually guns used on
20
that day.
And during the course of that
the agents also found guns, and in fact Lee Edwards
And then
And you'll find that
21
You'll also hear that on various dates a
22
communication facility, in this case particularly a
23
telephone, was used to assist Lee Edwards in his drug
24
sales.
25
hou,ses, placing their orders Over the telephone just as
And you'll hear of drug customers calling into hisPage 42 OPENING STATEMENT - GOVERNMENT
•
1
you'd order sandwiches from a sandwich shop, and these
2
runners or people working for Lee taking the telephone
3
orders for drugs and then delivering the drugs to these
4
people.
You'll hear of several violations of that statute,
5
6
using the telephone to assist in drug sales on various
7
dates.
8
9
10
•
continuing criminal enterprise.
Those are the charges and the evidence that you'll
hear with regards to Lee Edwards.
12
charges directed at the defendant James Davis .
Before
I
You will also hear about
leave Edwards, leave Lee Edwards for a
14
second, toere's one last charge
15
that's a charge of a conspiracy.
16
or more people to conspire together to violate federal drug
17
trafficking laws.
18
•
And overall you'll hear the testimony about the
11
13
70
I
have to discuss and
And it's a crime for two
And there are three charges of conspiracy against Lee
19
Edwards: one charge that he conspired with a number of
20
different people, including James Davis and Lynetta Durr,
21
and all these other people that were working in his home --
22
houses, and running these drugs for him; the names that I
23
mentioned to you earlier, Flakes Kellum, Willie McIntosh,
24
Brett Guyton.
25
conspiracy with these 'people, that they c0nspired and
There is a charge that he maintained aPage 43 °71
OPENING STATEMENT - GOVERNMENT
•
"
1
2
There are two other conspires that are charged: one
that he conspired with Robert Burrell, one of his sources
4
of supply, to assist in drug sales.
5
Lee Edwards' meeting with Mr. Burrell to obtain Lee's
6
supplies of drugs.
And you'll hear about
And another conspiracy charge, that with Robert
8
Matthews, similar to the one with Robert Burrell.
9
that he would meet with Robert Matthews to be supplied of
That is,
10
in this case cocaine.
11
meeting with Mr. Matthews to be supplied with cocaine.
12
And you'll hear about Mr. Edwards'
So in addition to the distribution of drugs on these
13
six dates, possession with intent to distribute on the date
14
of that search, the use of a handgun on the date of that
15
search, the use of a telephone on these various dates,
16
you'll also hear of these three conspiracies.
17
said previously, overall this is the continuing criminal
18
enterprise charge.
19
•
agreed together to assist each other in drug sales.
3
7
•
.
Turning our attention to James Davis.
And as
I
James Davis
20
has been known by different names, and as I said to you
21
earlier, many of the people you'll hear of in the course of
22
this case were known by nicknames.
23
known primarily by the name Little James.
24
him only as Little James.
25
James Davis, James Jefferies.
And James Davis was
Many people knew
But he also goes by the namePage 44 OPENING STATEMENT - GOVERNMENT
•
·1
And James Davis is charged with conspiring with Lee
2
Edwards in that large conspiracy I talked to you about
3
earlier in assisting Lee Edwards in his drug sales, and
4
he's also charged on various dates with using the
5
to assist in drug sales.
And Lynetta Durr.
6
•
•
telephon~
She's charged in that same large
7
conspiracy that
I
told you about with assisting Lee Edwards
8
in drug sales.
And she's also charged on one date in
9
particular with using the telephone in assisting with drug
10
sales.
11
telephone on other days to assist in drug sales.
I
think you'll also hear evidence that she used the
Some things for you to look for during the course of
12
13
the presentation of the evidence, ladies and gentlemen, one
14
of them I've already mentioned and that's the use of
15
nicknames.
16
Pirtle who was once a lieutenant or a close trusted person
17
who worked with Lee Edwards known by the name of Ponderosa.
18
Robert Burrell who was charged with Lee Edwards in the one
19
conspiracy, he's one of the people who furnished drugs,
20
supplied drugs to Lee Edwards is also known as Cuz.
21
fellow named Brett Guyton and you'll hear about him being
22
one
23
may hear of other nicknames that other people are known by
24
during the course of the trial.
25
~f
James Davis known as Little James, Rosetta
Lee Edwards' runners, also known as Foots.
And a
And you
Lee Edwards himself is often referred to as LeePage 45 OPENING STATEMENT - GOVERNMENT
..
•
1
Andrews, his middle name being Andrew, Lee Andrew Edwards,
2
but many people refer to him as Lee Andrews and that's how
3
they knew him.
4
•
You'll also hear that Lee Edwards moved from place to
5
place and he had in October of 1990, at least, he had two
6
residences in particular that he operated out of; one at
7
1522 Taft Street, the other at 460 Taft Place.
8
would do is he would stay in one residence for a month or
9
so until he felt there was too much activity, too much
10
traffic around that residence, maybe that somebody was
11
watching the residence, and then he'd move from that
12
residence to the other one.
13
so, then he'd move back again.
14
forth between these two houses.
And what he
He'd stay there for a month or
So he bounced back and
15
You'll also hear that during the course these years
16
leading up to October of 1990, starting from before 1986,
17
he also moved from place to place and he had a number of
18
different residences and houses that he dealt drugs out of
19
or that he had workers deal drugs out of for him.
20
21
22
•
73
But come October of 1990, principally he went back and
forth between these two residences that I told you about.
Another thing to look for is that Lee Edwards often
23
would have others do work for him.
24
do things himself,
25
for him, often have others run the drugs for him.
bu~
Occasionally he would
often have others answer the phones
And hePage 46 •
OPENING STATEMENT - GOVERNMENT
".
74
1
principally would maintain control of the drugs and the
2
money, package the drugs in individual packets and turn
3
them over to his most trusted people like Flakes Kellum or
4
some of the other sellers like James Davis, to sell for
5
him, to sell some himself, then he'd have others answer the
6
phone and run these drugs out to drug customers for him.
7
You'll also hear that there would be a multitude of
8
incoming calls to Lee Edwards' residence where drug
9
customers would be ordering drugs, and you'll also hear an
10
occasional outgoing call.
11
Lee were -- would be from Lee Edwards to one his sources of
12
supply when he would reach out and get ahold of somebody
13
else to resupply himself.
14
be from him to Robert Matthews, for example, or from him to
15
Raymond Davis, his other source of supply.
16
those two outgoing calls, you'll hear the multitude of
17
incoming calls from drug customers.
18
Usually the outgoing calls from
And the few outgoing calls would
Other than
You'll hear that the customers and the people working
19
for Mr. Edwards often would speak in code, using girl to
20
describe cocaine, for example, boy to describe heroin.
21
They would refer to different types of drugs like white for
22
white heroin.
23
drugs, like 20 for a quantity of drug or dime or half a T
24
or half a dip
25
And they'll refer to different quantities of
would.~lso
refer to quantities of drug$ •
And finally you'll hear about the income that LeePage 47 OPENING STATEMENT - GOVERNMENT
•
1
Edwards made from his drug trafficking activity.
2
hear about houses and properties that he owned; not just
3
these two houses I've talked about, but also others.
4
a car that he paid cash for, a liquor store he paid cash
5
for, about cash that he had in his home, about how he had
6
cash in the home regularly.
7
•
You'll
About
You'll hear, ladies and gentlemen, from agents who
8
participated in the search of his residence on October 11,
9
1990, agents who maintained surveillance when these
10
purchases took place from Mr. Edwards.
11
former associates and relatives of Mr. Edwards, some of
12
whom are not too eager to testify, but I think you'll hear
13
from them anyway; they'll come in and tell you about their
14
activities on his behalf.
15
You'll hear from
And ladies and gentlemen, the evidence today, I
16
intend to start with the end.
17
demise of the Lee Edwards drug trafficking organization on
18
October 11, 1990.
19
•
75
That is, to start with the
The first evidence that yOU'll hear will be the
20
evidence of that search that I talked about where his
21
residence at 460 Taft Place was searched.
22
about what happened that day, about the drugs that were
23
" seized, about the guns that were found.
You'll hear
And then from that
24
point we'll work backward through the history of the
25
Edwards drug traffi'c"king organization.
And you'll hearPage 48 OPENING STATEMENT - DEFENDANT DAVIS
•
"
about the drug trafficking organization as it operated and
2
how it worked.
4
5
Thank you for your attention during the course of the
trial, ladies and gentlemen.
THE COURT:
Counsel for defendant Davis may proceed
6
with opening statement.
7
MR. TRUITT:
Thank you, Your Honor.
May it please
8
the Court, Mr. Bella, fellow counsel for the defense,
9
ladies and gentlemen of the jury.
Once" again my name is
10
Bob Truitt, I'm an attorney in Valparaiso and it's my
11
privilege and responsibility to represent James Davis
12
throughout this trial.
13
You have been selected as a jury, and by your taking
14
that oath
15
that goes back to the early 1200's in England.
16
to a trial by a jury is the only right that is mentioned in
17
two separate places in our constitution.
18
important the framers felt that right was and that
19
importance survives today.
20
•
.
1
3
•
·76
~nd
by you becoming a jury, you share a tradition
The right
That's how
By your service you will be performing one of the
21
most important functions that we have, and that is judging
22
the guilt or non-guilt of a fellow citizen accused.
23
James' position is that the accusations that have been
24
made, that the charges that have been leveled against him
25
are simply not true1 that he was not in the business of nor
-.Page 49 OPENING STATEMENT - DEFENDANT DAVIS
•
1
2
engaged in distributing controlled substances or drugs.
Every case sounds very good when it's summarized by
3
the United States Attorney, but you must remember that this
4
case depends on evidence that comes from the witness stand;
5
the words, the expressions, the posture, the hesitancy, the
6
look in the eyes of live human beings who will come before
7
you and present testimony and be cross examined by not only
8
myself, but the other lawyers in the case.
9
I
would be remiss if I did not remind you, even
10
though the Court has done so very eloquently and will do so
11
again, of some of the hallmarks of our system of justice,
12
some of our most precious rights.
13
sits here today, he is presumed to be and must be presumed
14
by you to be innocent.
15
innocence will stay with him throughout the entire course
16
of the trial until you go back after hearing the
17
instructions of the Court and the arguments of the lawyers
18
and begin your deliberations, and that presumption will
19
only disappear when you have been convinced after
20
considering all the evidence that has been presented of
21
James' guilt beyond a reasonable doubt.
22
•
77
Those are that as James
That that presumption, that that
James has no responsibility in this trial.
Our
23
system says that it is the Government who accuses and the
24
Government who
25
not place any responsibility on James to prove anything or
charge~
an individual, but our system doesPage 50 "
•
OPENING STATEMENT - DEFENDANT DAVIS
.
1
disprove anything.
2
Bella and his witnesses and his exhibits to convince you of
3
James' guilt beyond a reasonable doubt.
5
Under the rules the Government goes first; they present all
6
of their witnesses, all of their exhibits and all of their
7
evidence.
8
examine each of their witnesses.
9
And we as the defense have the right to cross
But you're going to hear their side of the story
10
before you hear anything else.
11
direct examination, the answers to Mr. Bella's questions,
12
but the cross examination.
13
that is presented, but the lack of evidence, where should
14
there be eviaence where there wasn't evidence.
15
only to the quantity of the evidence, but the quality of
16
the evidence.
17
to their words, but what's behind their words.
18
•
It is the sole responsibility of Mr.
Before I sit down, I beg you to keep an open mind.
4
•
78
Listen not only to the
Look not only to the evidence
Scrutinize the witnesses.
Look not
Listen not only
And I'm convinced that after you hear all the evidence
19
and after you begin your deliberations -- and
20
asking you at the conclusion of this case to return a
21
verdict of not guilty on all of the charges against James
22
Davis.
23
24
25
I
will be
Thank you.
THE COURT:
Counsel for defendant Durr may proceed
with opening statement .Page 51 OPENING STATEMENT - DEFENDANT DURR
•
1
MR. McGRATH:
2
Ladies and
gentlemen, my name is John McGrath.
4
Lynetta Durr.
5
Lynetta is a young woman with some grave weaknesses.
6
very cruel.
I'm here on behalf of
The evidence is going to show you that
Some
One of which is the use and use and use and use of
8
drugs.
9
Lee Edwards.
Another of which is an attachment and the love for
You'll find, the evidence will show that he
10
had two children with Lee: Lee Ann who's seven, and Shante
11
who's four.
12
intimate.
13
multitude of activity by the Government, there standing
14
nearby was Lynetta Durr.
15
echelon or conspiracy or anything else, but because of two
16
weaknesses.
And that for years they have been together and
And these two weaknesses combine.
And in this
Not because she's part of any
Now, Mr. Bella said there are a multiple of calls.
17
•
Thank you, Your Honor.
3
7
•
19
I
18
mean that isn't a big enough word; there are boxes and
19
boxes of calls during this surveillance.
20
them all because it would take forever, but you'll hear
21
many of them.
22
Durr.
23
somebody in an echelon, but the contact of a person feeding
24
her weaknesses; one for drugs and the other for Lee
25
Edwards.
You won't hear
And some you'll hear the voice of Lynetta
But just a very few.
Not the conversations ofPage 52 OPENING STATEMENT - DEFENDANT EDWARDS
•
'.
Let's begin Mr. Bella tells us with the end, October
1
And on October 11 you'll hear several conversations
2
11.
3
with Lynetta Durr.
4
you and frame the feeling she has for Lee Edwards.
5
this thing unfolds and things can get lost when you throw
6
multitudes of things to people, sharp lines can become
7
dull, and you can forget things.
8
all those wi tnesses can you remembe r now, those 50 '.
9
witnesses?
And they'll begin and tell you and show
So when
How many of the names of
I mean, what in this very narrow part that
10
Lynetta Durr played, remember that I told you what was
11
behind it.
12
and look to the evidence and see if that's what's behind it
13
or are those echelons that Mr. Bella said.
14
much.
15
16
17
Those weaknesses.
THE COURT:
And look to what she does
Thank you very
Counsel for the defendant Edwards may
proceed with opening statement.
MR. JACKSON:
Thank you, Your Honor.
Ladies and
of the jury, we spoke earlier today as you were
18
gen~lemen
19
out there in the audience before you were picked as jurors,
20
my name is Attorney Ben Jackson and I represent Mr. Lee
21
Andrew Edwards.
22
•
8'0
Lee, can you stand up.
Ladies and gentlemen of the jury, this is Lee Andrew
You're going to hear reference to him as being
23
Edwards.
24
the defendant, the bad guy, Edwards, or my client.
25
more than that; he's a
~an,
he's a family man.
The
He'sPage 53 OPENING STATEMENT - DEFENDANT EDWARDS
•
ev~dence'
2
veteran, honorably discharged.
3
man.
So he's more than a defendant.
If you are listening to the evidence presented in
t~is
case by the Government, remember that he's a man, and he's
6
also a member of our community.
7
community, he's enshrined with certain constitutional
8
guarantees and benefits that we all enjoy.
9
Truitt very eloquently stated, a large part of that is the
And as a member of our
And as Attorney
presumption of innocence.
11
It's not my obligation, nor is it my co-counsels'
nor is it the Court's obligation to establish
12
~bligation,
13
that he committed any of the crimes which the Government
14
has mentioned.
15
these
16
testimony which the Government hopes to establish that Mr.
17
Edwards committed a crime.
18
have been taken out of your mind, he's presumed innocent.
19
And if you have a reasonable doubt after hearing all
20
21
•
Sit down.
He's a legitimate business
5
10
•
will show that he has a family, he's a Viet Nam
1
4
81
It's the Government's.
proce~dings,
And throughout
you're going to hear evidence and
But until all reasonable doubts
the Government's evidence, you have to find him not guilty.
Mr. Bella's opening
state~ent
as again Attorney Truitt
22
mentioned, is very eloquent, very neatly put together, very
23
concise.
24
concise; it's very complex, very detailed.
25
But this whole thing is not very neat and very
The volumes of information, documents that we've beenPage 54 82
OPENING STATEMENT - DEFENDANT EDWARDS
•
"
1
pouring over in preparation for this trial, huge.
2
threw my back out taking the stuff up here.
3
neat at Mr. Bella would have you believe.
4
here describing for you in the neat little summation about
It's not as
And when he's up
what happened, that's not the evidence.
6
statement.
7
reaching your verdict is going to come from the stand over
8
there.
9
the law in this case or applying the law "to the facts as
11
•
Almost
"5
10
•
.
Nor is my
The evidence which you must consider in
And you as the sole -- are aware of the fadts and
they're perceived.
You also -- you also are in the unique position of
12
judging the credibility of witness which are going to be
13
presented for you.
14
and they
15
know, a series of questions.
16
everything I want to know?
17
the information that
18
decision?
19 '
through his testimony?
tes~ify,
When these individuals take the stand
I'd like for you to ask yourself, you
Is this person telling me
Has the Government given me all
really need to make an intelligent
I
And does that witness have something to gain
20
And what I'm going to try to elicit from these
21
various witnesses on my cross examination are some of the
22
reasons why they're testifying.
23
scrutinizing the evidence and the arguments, that most of
24
these witnesses do have something to gain which I'll
25
to you affects their credibility.
-,
And you'll find after
argu~Page 55 OPENING STATEMENT - DEFENDANT EDWARDS
..
•
1
•
nicknames are indicative of criminal activity.
3
think nicknames have anything to --
4
indicative of criminal activity.
5
Moving from place to place.
I
I
I
don't
don't think that's
mean, how many of you
6
have moved recently or know somebody that has?
7
mean they're involved in criminal activity?
8
things are not charged, they're not crimes.
No.
Does that
These
Listen carefully to what the Judge is going to tell
10
you the law is.
11
which has been presented to you, and only then make a
12
decision .
13
Listen carefully to the credible evidence
The Government also mentioned things about these
14
individuals that are running for Lee, they're answering the
15
phone for him or making sandwich-type drugs orders.
16
Again you're the weighers of the evidence.
17
the ones that have to establish whether the witness is
18
credible, whether you believe the witness, and whether the
19
Government's giving you all the information you need to
20
reach an intelligent verdict.
21
•
The Government would also have you believe that
2
9
83
And again,
I
You're
would argue that once all of this
22
evidence has been presented and the testimony elicited,
23
that if you have a reasonable doubt as to any of the
24
elements of the
25
can't find my client guilty.
crime~
as the Judge will advise you, you
He's not just a defendant,Page 56 OPENING STATEMENT - DEFENDANT EDWARDS
•
1
he's not just Edwards, and he's certainly not just my
2
client.
3
business man, he's a viet Nam veteran.
4
•
•
He's a man, he's a family man.
84
He's a legitimate
So when you're thinking about these various issues and
5
the evidence that's being presented, remember, he's just
6
not a number, he's a man.
7
constitutional rights.
8
very, very unique situation here insofar as everything
9
that's presented, no matter how long or 'in depth I talk or
And as such, he does enjoy those
And you as the jurors are in a
10
Mr. Bella talks or witnesses talk, it's all up to you as
11
the jurors.
12
And once this matter is over, once all the smoke is
13
cleared from the evidence and the testimony and the
14
exhibits, YQu're going to find reasonable doubt.
15
Reasonable doubt such as substantial income or benefits.
16
Think in your mind what's -- what would the substantial
17
income or benefit be.
18
will they produce evidence to show that Mr. Edwards had a
19
substantial gain or substantial profits from this criminal
20
enterprise.
21
that there is no or there were no substantial benefits or
22
gain, you can't find him guilty of this continuing criminal
23
enterprise.
24
25
The Government does not have nor
It's not going to be there.
And if you find
with respect to cash, large amounts of cash being
found.
How many of you· have cash on your person, how manyPage 57 OPENING STATEMENT - DEFENDANT EDWARDS
•
1
of you have cash at home?
2
cash, does that mean you're involved in drug activity?
3
Because you carry a pager or use a pager, does that mean
4
you're involved in criminal activity?
5
Otherwise the Marshals are going to have to take me out of
6
court.
If you have a large amount of
I hope not.
7
So ladies and gentlemen of the jury, I implore you
8
that once the evidence has been presented, and once the
9
testimony has been elicited and once you've listened to the
10
cross examination, keep in mind these various items, keep
11
in mind the reasonable doubt, keep in mind the credibility
12
of the witnesses, keep in mind the constitutional
13
protections that my client and as a matter of fact all
14
three of these individuals enjoy.
15
best judgment when reaching a verdict.
And please, use your
Thank you.
16
THE COURT:
Mr. Bella, how long is your first witness?
17
MR. BELLA:
Not long, Your Honor.
18
THE COURT:
Government may proceed with its case in
19
•
85
chief.
Call your first witness.
20
MR. BELLA:
First witness is Robert Pertuso.
21
THE COURT:
Please be seated, pull your chair up,
22
speak directly into the microphone loud enough so that
23
everybody in the courtroom may hear.
24
You may proceed, counsel.
25
MR. BELLA:
Thank you, Your Honor.Page 58 R. PERTUSO - DIRECT
•
1
ROBERT PERTUSO
called as a witness by the Government, being first duly
sworn to testify the truth, the whole truth and nothing but
the truth, was examined and testified as follows:
2
3
DIRECT EXAMINATION
BY
MR. BELLA:
4
5
6
Q
Would you state your name, please?
7
A
Robert Pertuso.
8
Q
And would you spell your last name for the court reporter,
please?
9
•
10
A
P-E-R-T-U-S-O.
11
Q
What is your occupation, sir?
12
A
A special agent with the FBI.
13
Q
Special Agent Pertuso, call your attention to October 11 of
14
1990; were you employed as a special agent with the FBI on
15
that date?
16
A
Yes.
17
Q
And can you tell us, did you have occasion to serve a
18
search warrant on that date?
19
A
Yes, I did.
20
Q
And can you tell us what address that was that you served
that warrant at?
21
•
86
22
A
That was at 460 Taft, Gary, Indiana.
23
Q
Arid this was pursuant to a Court-ordered search warrant, is
that right?
24
25
A
Yes.Page 59 R. PERTUSO - DIRECT
•
1
Q
2
3
A
Yes.
4
Q
Please do so?
5
A
At approximately 10 a.m. that morning, I was a member of a
6
group of approximately twelve law enforcement officers,
7
several FBI agents, several DEA special agents, three
8
Indianapolis Police Department narcotic
9
three uniformed Indiana state Troopers .. We arrived at Mr.
detective~
and
Edwards' residence at approximately 10 a.m.
MR. JACKSON:
11
Your Honor, I'm going to object.
That
12
statement assumes facts not in evidence, there is no proper
13
foundation laid.
14
THE COURT:
15
THE WITNESS:
16
A
Objection overruled.
We arrived at the residence about ten o'clock.
The lights
17
on the majority of the vehicles were activated, including
18
the Indiana State Police marked vehicles.
19
agents and the detectives went to the back door and a group
20
of us went to the front floor.
21
went to the front door.
22
presence: police, federal agents, open up, we have a search
23
•
Can you tell us what procedure you went through to effect
the service of this search warrant on that date?
10
•
87
I was amongst those that
We knocked and announced our
'w·arrant.
MR. BELLA:
24
25
We -- several
Q
Can you tell us
how'yo~
were dressed that day and yourPage 60 R. PERTUSO - DIRECT
•
'fellow agents were dressed?
1
2
A
We were -- we all had raid jackets on.
•
with respect to the
3
FBI agents, they are blue plastic jackets with large
4
letters on them that say FBI.
The DEA agents have their own jackets that say
5
•
88
6
federal agents or DEA, I don't recall.
And of course, the
7
police detectives had jackets that said police on them.
8
And of course, we had the -- the Indiana state
9
were in uniform, they didn't have any special jackets on.
Tr~opers
10
Q
So the officers were not in plain clothes that day?
11
A
Correct.
12
Q
And the cars that you used, were there marked cars being
used?
13
14
A
Yes.
There were marked Indiana State Police cars and there
15
were unmarked FBI vehicles and Indianapolis Police
16
Department vehicles as well as DEA vehicles that weren't
17
marked.
18
-- on the dashboard going at the time that we arrived.
19
Some of us including myself drove up on the front lawn of
20
the residence in our cars with the lights going.
And some of those vehicles had their lights in the
21
Q
The lights activated on the cars that you used?
22
A
Yes.
23
Q
Very well.
Please continue.
You knocked on the front door
24
and announced the reason for your being there; what
25
happened then?Page 61 R. PERTUSO - DIRECT
•
1
At that point we decided
to make a forceable entry.
3
had a wooden door and in front of that was a storm door.
4
It was a security door that had steel bars running
5
vertically.
6
got that open, we knocked and announced again our presence.
7
We didn't receive a response.
8
the door.
The front door of the residence
We had -- we pried that door open and after we
At that time we broke open
Once we opened up the door, an agent and a detective
10
went in first, I believe it was Agent Mark Becker and an
11
Indianapolis Police Department Detective Tom Trathen went
12
into the house and went into the dinning room •
13
Myself and Agent Vince Balbo from the Drug Enforcement
14
Administration, we went to the bedroom door and covered the
15
door from side to side.
16
and I came in right behind him, a second after him, and we
17
positioned ourselves at Mr. Edwards' bedroom door.
18
•
We didn't receive any response.
2
9
•
A
. 89
MR. JACKSON:
Agent Balbo arrived there first
Your Honor, once again I'm going to
19
object.
A foundation has not been established whether this
20
is in Mr. Edwards' presence or not.
21
response of the witness and also continue the objection.
22
There's been no foundation, Your Honor.
I move to strike the
23
THE COURT:
Response.
24
MR. BELLA:
I'll ask him the question, Your Honor •
25
THE COURT:
Parden?Page 62 90
R. PERTUSO - DIRECT
MR. BELLA:
1
I'll
2
I'll
ask a n o th e r q u e s tio n . Your H onor,
c le a r t h a t up.
3
Q
Whose re s id e n c e was th is ?
4
A
Lee Andrew Edwards.
5
Q
And th e se arch w a r r a n t d ir e c t e d you to s e a rc h t h a t
re s id e n c e ?
6
7
A
Yes.
8
Q
Okay.
P le a s e c o n tin u e .
You and S p e c ia l A gent B albo I
th in k you t e s t i f i e d were a t th e bedroom door in t h i s
9
re s id e n c e ?
10
11
A
Y es.
12
Q
What happened then?
13
A
As we were c o v e rin g th e door w it h our weapons draw n, th e r e
14
were th r e e sh o ts f i r e d
15
th e t h i r d
16
fir e d .
17
t h a t we had a se arch w a r r a n t .
18
th ro u g h th e bedroom d o o r.
And a f t e r
s h o t, we r e a li z e d t h a t th e r e had been sh o ts
A t t h a t p o in t we in s t r u c t e d M r. Edwards a g a in to —
MR. JACKSON:
Your H onor, once a g a in I w ould o b je c t .
19
The fo u n d a tio n re q u ire m e n ts have n o t been met as to who M r.
20
Edwards i s ,
w ho's he r e f e r r i n g
21
THE COURT;
22
MR. JACKSON:
23
24
25
to .
R epeat t h a t a g a in ,
Your H onor,
I'll
c o u n s e l.
o b je c t on th e grounds
o f fo u n d a tio n .
MR. BELLA;
r e s id e n c e .
H e'S t e s t i f i e d
th is
is M r. Edw ards'Page 63 91
R. PERTUSO - DIRECT
1
THE COURT:
2
O v e rr u le d ,
c o u n s e l, you can c ro s s -e x a m in e
on t h a t .
3
MR. BELLA:
4
Q
You s a id t h a t you shouted to M r. Edwards?
5
A
T h a t 's c o r r e c t .
6
Q
P le a s e c o n tin u e .
7
A
W e ll,
What d id you s a y , what d id you do?
Lee opened th e door a t t h a t p o in t w it h in a second o r
8
tw o .
9
c ra w le d o u t o f th e bedroom door and we h a n d c u ffe d him ,
10
11
th e bedroom door came open and M r. Edwards
p la c e d him under a r r e s t f o r a s s a u ltin g a f e d e r a l o f f i c e r .
Q
12
When you say M r. Edwards c ra w le d o u t o f th e d o o r, do you
see t h a t in d iv id u a l in th e co urtroom today?
13
A
14
Q
15
16
The d o o r,
I do.
Can you p o in t o u t where he i s and d e s c r ib e b r i e f l y w hat
h e 's w ea rin g ?
A
17
The g entlem an w e a rin g th e b lu e s p o rts ja c k e t and b lu e t i e
and w h ite s h i r t .
18
Q
And where is he lo c a te d in th e courtroom ?
19
A
To th e r i g h t o f h is —
20
21
I b e lie v e
it 's
th e a t t o r n e y w h o's
m aking th e o b je c t io n s .
MR. BELLA:
Your H onor, w i l l th e re c o rd r e f l e c t t h a t
22
th e w itn e s s has i d e n t i f i e d
23
Edwards.
24
THE COURT;
25
MR. JACKSON:
th e d e fe n d a n t Lee Andrew
Anyo b je c tio n ?
No, Your H onor.Page 64 92
R. PERTUSO - DIRECT
THE COURT;
2
So in d ic a t e d .
MR. BELLA:
3
When th e door opened and M r. Edwards was th e r e and you
4
p la c e d him under a r r e s t ,
5
observe any weapons a t t h a t tim e?
6
I
7
Edwards and I w ent in t o
8
L o r r i Edwards, was p re s e n t in th e bedroom.
We to o k h e r o u t
9
o f th e bedroom and p la c e d h e r in th e l i v i n g
room a re a w it h
10
d id .
d id you see — have o c c a s io n to
A f t e r he was h a n d c u ffe d , one a g e n t s ta y e d w it h
th e bedroom, and M r. Edw ards' w i f e ,
h e r husband.
A t t h a t tim e I observed a .3 5 7 C o lt r e v o lv e r on th e
11
12
f l o o r n e x t to th e door amongst th e wood c h ip s and p l a s t e r
13
fra g m e n ts t h a t were th e r e as a r e s u l t o f th e s h o ts b e in g
14
fir e d
th ro u g h th e w a ll and th e d o o r.
15
Q
D id any o f th e la w en fo rce m e n t ag en ts f i r e
16
A
No.
17
Q
You say you found th e
sh o ts t h a t day?
.3 5 7 Magnum by th e d o o r; a t w hich
18
door a re you r e f e r r i n g
19
The bedroom d o o r.
20
o f a c lo s e t door on th e f l o o r .
21
And where in r e l a t i o n
22
Edwards when th e door opened?
23
W e ll, he c ra w le d o u t o f th e door r i g h t by th e gun, p a s t th e
24
gun
25
MR. BELLA:
It
If
to?
was j u s t to th e r i g h t o f i t
in
fro n t
to t h a t door and t h a t gun was Lee
I may approach th e w itn e s s . Your Honor?Page 65 R. PERTUSO - DIRECT
i-
THE COURT:
2
MR. BELLA:
You may.
3
I'll
4
marked f o r i d e n t i f i c a t i o n
5
ask i f
6
T h is p h oto grap h d e p ic ts Lee Edwards' —
7
g o in g to hand yo u . S p e c ia l A gent P e rtu s o , w h a t's been
as G overnm ent's E x h i b it 30 and
you can i d e n t i f y t h a t ,
MR. JACKSON:
I'll
p le a s e ?
o b je c t to what i t
8
i d e n t i f y g e n e r a lly what th e e x h i b i t i s ,
9
i d e n t i f y th e c o n te n ts u n t i l i t ' s
10
1
1
MR. BELLA:
o f.
He can
b u t he c a n 't
i s a p h o to g rap h
Your Honor.
THE COURT:
13
THE WITNESS:
O v e rr u le d .
14
It 's
15
s tre e t.
16
Is
17
lo o k e d l i k e
18
Y es.
19
l i g h t on to p and a ls o —
a ph o to g rap h o f Lee Edwards' 460 T a f t a d d re s s ,
t h a t an a c c u ra te
20
on th e day in q u e s tio n ?
T h e r e 's an FBI v e h ic le
THE COURT:
in f r o n t o f i t
w it h a red
M r. W itn e s s , th e r e is no q u e s tio n b e fo r e
you r i g h t now.
22
r e f l e c t what was photographed?
23
th e
r e p r e s e n t a tio n o f what t h a t ad d ress
21
25
d e p ic t s .
a d m itte d in t o e v id e n c e .
J u s t i d e n t i f i e d w hat i t
12
24
93
The o n ly q u e s tio n was, does i t
THE WITNESS:
Yes.
MR. BELLA;
If
I may ap p ro ac h . Your Honor?
a d e q u a te lyPage 66 94
R. PERTUSO “ DIRECT
1
THE COURT;
2
MR. BELLA:
3
Q
4
5
6
7
G o vernm en t's E x h ib it 48 f o r i d e n t i f i c a t i o n ;
w hat t h a t i s ,
A
You may.
T h a t is
th e
can you t e l l us
s ir ?
.3 5 7 C o lt r e v o lv e r t h a t was p r e s e n t a t th e tim e
o f M r. Edw ards' a r r e s t in h is bedroom.
Q
8
Is
t h a t an a c c u ra te d e p ic tio n or r e p r e s e n t a tio n o f where
t h a t r e v o lv e r was lo c a te d at?
9
A
Y es.
10
Q
G o vern m en t's E x h i b it 41 f o r i d e n t i f i c a t i o n ; w ould you t e l l
11
us w hat t h a t i s ,
12
A
That is
13
Q
A g a in ,
14
A
Yes.
15
Q
And f i n a l l y .
16
s ir ?
a ls o a ph o to g rap h o f th e
is
.3 5 7 C o lt r e v o lv e r .
t h a t an a c c u ra te r e p r e s e n t a tio n o f t h a t scene?
G o vernm en t's E x h ib it 42 f o r i d e n t i f i c a t i o n ;
can you t e l l us w hat t h a t is ?
Il
A
T h a t i s M r. Edw ards' bedroom.
18
Q
And does t h a t a ls o i l l u s t r a t e
19
th e doorway and th e lo c a t i o n
where th e r e v o lv e r was found?
20
A
Y es,
it
21
Q
And i s
22
A
Y es,
23
Q
Thank yo u , s i r .
it
d o es.
t h a t an a c c u ra te r e p r e s e n t a tio n o f t h a t scene?
is .
24
Your H onor, a g a in i f
25
THE COURT;
You
may.
I may approach?Page 67 R. PERTUSO - DIRECT
1
2
MR. BELLA:
Q
S p e c ia l A gent P e rtu s o ,
show you w h a t's been marked f o r
3
purposes o f i d e n t i f i c a t i o n
4
ask i f
5
A
6
7
you
Y es, t h i s
can i d e n t i f y
is
th e
Q
t h a t , p le a s e ?
.3 5 7 C o lt r e v o lv e r t h a t was s e iz e d a t th e
Thank yo u , s i r .
Your H onor,
30,
41,
42
I move to a d m it G o vernm en t's E x h ib it s
35,
and 4 8 .
10
THE COURT:
11
MR. TRUITT:
12
as G o vernm ent's E x h ib it 3 5 , and
tim e o f M r. Edwards' a r r e s t .
8
9
95
Any o b je c tio n s ?
No o b je c tio n from d e fe n d a n t D a v is , Your
H onor.
13
MR. McGRATH:
None from d e fe n d a n t D u r r .
14
MR. JACKSON:
None, Your H onor.
15
THE COURT:
16
They a re a l l a d m itte d .
(Governm ent E x h ib it Numbers 3 0 , 3 5 , 4 1 ,
and 48 were a d m itte d in t o e v id e n c e .)
42
17
18
the
COURT:
19
20
C o u n se l, approach f o r a second.
(Bench d is c u s s io n on th e r e c o r d .)
THE COURT:
C o u n se l, my u s u a l p r a c t ic e
i s a t th e
21
c o n c lu s io n o f th e t r i a l
I have a l l o f th e e x h ib it s go up to
22
th e ju ry ro o m .
23
them i s weapons, am m unition and d ru g s .
24
can p u b lis h th o se to th e ju r y d u rin g th e t r i a l .
25
n o t a llo w th o se to go up to th e ju r y f o r ob vio u s re a s o n s .
I have c e r t a in e x c e p tio n s to t h a t .
If
One o f
you w ant t o ,
you
B ut I w i l lPage 68 R.
1
so I
2
s u r p r is e d by t h a t .
3
go up a f te r w a r d s .
96
A l l photographs o f th o se th in g s can a l l
(End o f d is c u s s io n a t th e b e n c h .)
5
MR. BELLA:
Q
The e x h i b i t s .
S p e c ia l A gent P e rtu s o , d id you have o c c a s io n to exam ine
7
t h i s weapon to d e te rm in e i t s
8
been f i r e d
9
DIRECT
j u s t wanted to l e t you know so I d o n 't want you to be
4
6
PERTUSO -
A
No, i t
—
o r n o t; was i t
I d id n 't .
c o n d itio n as to w h e th e r i t had
examined a t t h a t scene?
I t was tu rn e d o v e r a t t h a t tim e to an
10
In d ia n a S ta te P o lic e e v id e n c e t e c h n ic ia n who to o k c u s to d y
11
o f i t and
exam ined i t .
12
Q
And th e y to o k cu sto d y o f i t
13
A
Y es.
14
Q
Now, when
from th e re ?
you s a id t h a t th e l i g h t s were on,
ru n n in g on th e
15
c a rs ,
were th e y j u s t r e g u la r a u to m o b ile l i g h t s o r
16
k in d s
o f l i g h t s were these?
17
They w ere red b a l l l i g h t s
on th e unmarked v e h ic le s ,
18
p o r t a b le l i g h t s
can a t t a c h to
19
v e h ic le .
20
A
w hat
Q
w hich you
th e r o o f
o f th e
And as you e n te r e d th e re s id e n c e , were you and th e o th e r
21
a g e n ts announcing a n y th in g as you went th ro u g h th e
22
re s id e n c e ?
23
A
Y es.
M y s e lf ,
I announced,
" F B I, we have a s e a rc h
w a r r a n t ."
24
DEA a g e n t V in c e B albo announced, "DEA, we have a s e a rc h
25
w a r r a n t ."
Ando th e rs
a ls o announced, " p o l i c e , " th e y had aPage 69 R. PERTUSO - CROSS DURR
97
1
se arch w a r r a n t .
2
What i s
3
v is u a l ite m s ,
4
as you go th ro u g h th e re s id e n c e ?
5
It 's
6
th e s a f e t y o f th e p e o p le t h a t a re p re s e n t a t th e s e a rc h
7
lo c a t i o n .
8
th e purpose o f announcing and u s in g a l l
th e l i g h t s
on th e c a rs and lo u d ly announcing
f o r th e s a f e t y o f th e law en fo rce m e n t o f f i c e r s
MR. BELLA:
9
th e s e
P e r tu s o ,
and f o r
Thank you v e ry much. S p e c ia l A gent
I have n o th in g f u r t h e r .
10
THE COURT:
11
MR. TRUITT:
12
THE COURT:
13
Cross D a v is .
No q u e s tio n s . Your H onor.
Cross D u r r.
CROSS EXAMINATION
BY
MR. MCGRATH:
14
15
Q
S p e c ia l A g e n t, y o u 'r e R o b e rt P ertu so ?
16
A
Y es, s i r .
17
Q
And d id you p a r t i c i p a t e
in any o th e r way in t h i s
in v e s t ig a t io n ?
18
19
A
Y es,
20
Q
And was th e n a tu r e o f yo ur p a r t i c i p a t i o n ,
I d id .
fu rth e r
21
p a r tic ip a tio n ?
22
I was in v o lv e d in some p h y s ic a l s u r v e illa n c e s ;
23
in v o lv e d in some m o n ito rin g o f w ir e t a p c o n v e r s a tio n s ;
24
in v o lv e d in a tr a s h co ver o f M r. Edw ards'
25
in v o lv e d in a r r e s t in g
I was
r e s id e n c e ;
I b e lie v e yo u r c l i e n t ,
I was
I was
L y n e tta D u r r ,Page 70 98
R. PERTUSO - CROSS DURR
1
and M r. D av is t h e r e .
2
e x e c u tio n o f th e search w a r r a n t.
3
Q
And o f c o u rs e ,
I p a r tic ip a te d
Th ere were a number o f ag en ts in v o lv e d ,
s p e c ia l ag en ts from
4
th e FBI as w e l l as s p e c ia l ag en ts from DEA, i s
5
c o r r e c t?
6
A
T h a t 's c o r r e c t .
7
Q
Was th e r e a — w h a t's a case agent?
8
A
A case a g e n t i s
th a t
th e ag e n t t h a t is o v e r a l l re s p o n s ib le f o r
th e i n v e s t i g a t i o n .
9
i n th e
T h a t person i s
re s p o n s ib le f o r
10
o b ta in in g a l l th e e v id e n c e in th e c a s e ,
11
e v id e n c e , and p r e s e n tin g i t
12
f o r c o n s id e r a t io n o f p r o s e c u tio n .
c o lle c tin g
to th e U. S. A t t o r n e y 's o f f i c e
13
Q
Who's th e case a g e n t in t h i s m a tte r?
14
A
My w i f e .
15
Q
D id th e DEA have a s e p a ra te case a g e n t f o r —
16
A
Y es, th e —
17
Q
Who was t h a t DEA s p e c ia l agent?
18
A
The DEA case a g e n t was V in c e B a lb o .
19
Q
D id th e o th e r p a r t i c i p a t i n g
S p e c ia l A gent Karen P e rtu s o .
law e n fo rc e m e n t a g e n c ie s have
20
d e s ig n a te d p e o p le t h a t w ould be s i m i l a r to a u t h o r i t y o f a
21
case ag ent?
22
A
No.
In t h i s
case V in c e B albo from th e DEA, my w if e K aren
23
P e rtu s o were th e o n ly persons w it h t h a t — who managed th e
24
case.
25
Q
How many FBI a g e n ts to yo u r knowledge p a r t i c i p a t e d
in th ePage 71 R. PERTUSO - CROSS EDWARDS
1
2
99
t o t a l in v e s t ig a t io n ?
A
I would —
I w ould o n ly —
I'd
have to e s tim a te because o f
3
th e 6 0 -d a y e le c t r o n ic
4
were a g e n ts th r e e s h i f t s
5
dozens o f FBI ag en ts in v o lv e d in t h a t e f f o r t p lu s th e
6
p h y s ic a l s u r v e illa n c e s t h a t were conducted in c o n ju n c tio n
7
w it h t h a t .
8
th a t.
s u r v e illa n c e ,
th e w ir e ta p p in g ,
a d a y, tim e s 60 d a y s ,
it
was
They were a ls o dozens o f ag en ts in v o lv e d in
9
Q
10
A
Yes.
11
Q
And a ls o a g r e a t — a good number o f
DEA ag ents?
12
A
To a le s s e r d e g re e .
manpower
Dozens and dozens o f FBI agents?
13
MR. McGRATH:
14
THE COURT:
15
MR. JACKSON:
16
We had th e most
in th e c a s e .
I have n o th in g f u r t h e r .
Cross Edwards.
Thank yo u. Your Honor
CROSS EXAMINATION
BY
MR. JACKSON:
17
18
Q
19
th e r e
T h is e n t r y o r e x e c u tio n o f th e s e a rc h w a r r a n t was on
O cto b er 11 o f 1990?
20
A
I b e lie v e
21
Q
O c to b e r 10?
22
Q
What ad d ress
23
A
460 T a f t .
24
Q
Is
25
A
I b e lie v e
it
was O cto b er
o f '9 0 .
was t h a t ag ain ?
t h a t T a f t S t r e e t o r T a f t P la c e o r
it
was T a f t P la c e .
T a ft?Page 72 100
R. PERTUSO - CROSS EDWARDS
1
Q
T a f t P la c e .
And where is
th a t?
2
A
G a ry ,
3
Q
What tim e o f day was th e w a r r a n t executed?
4
A
a.m .
5
Q
a .m .
6
A
C le a r .
7
Q
So th e r e was no h in d ra n c e as to yo ur v is u a l c o n ta c t w it h
In d ia n a .
What were th e w e a th e r c o n d itio n s on t h a t day?
Sunny.
th e home o r th e occupants o f th e home?
8
9
A
C o rre c t.
10
Q
From th e e x t e r io r ?
11
A
C o r r e c t.
12
Q
Okay.
And th e n when you e n te re d th e —
th is
re s id e n c e a t
460 T a f t P la c e , you s a id you co vered th e door?
13
14
A
A f t e r we made f o r c i b l e
15
Q
My q u e s tio n i s ,
in t o
16
s ir ,
e n t r y to th e f r o n t door —
t h a t a t th e tim e t h a t you made e n t r y
th e home, you s a id you co vered a door?
17
A
The bedroom d o o r.
18
Q
Okay?
19
A
On th e i n t e r i o r .
20
Q
D id you know t h a t was a bedroom door b e fo r e you e n te r e d th e
21
home?
22
A
I
23
Q
And y o u r te s tim o n y was t h i s
d id n o t .
i s Lee Edw ards' ho use.
What
24
in d e p e n d e n t knowledge do you possess t h a t w ould i n d ic a t e
25
th a t th is
is M r. Edwards' home?Page 73 R. PERTUSO - CROSS EDWARDS
1
A
I
had read th e w ir e ta p a f f i d a v i t s ,
101
and I had p e r s o n a lly
2
been in v o lv e d in m o n ito rin g w ir e ta p c o n v e rs a tio n s where he
3
was p re s e n t a t t h a t lo c a t io n f o r over an ex ten d ed p e r io d o f
4
tim e .
5
Q
I assumed he l i v e d
So you —
th e re .
th e assum ption is
th a t i t ' s
h is house.
Have you
6
seen a d eed, a w a r r a n ty deed, q u i t c la im deed o r a n y th in g
7
to t h a t e f f e c t w hich would e v id e n c e any ty p e o f o w n ersh ip
8
i n t e r e s t by M r. Edwards?
^
9
A
No, I h a v e n 't .
10
Q
You have not?
11
A
No.
12
Q
So yo u r te s tim o n y i s an assum ption as to whose re s id e n c e
13
14
th is
A
a c t u a l l y is ?
Y es, an assum ption based on o b s e rv a tio n s and my in v o lv e m e n t
in th e in v e s t i g a t i o n .
15
16
I h a v e n 't seen any d eeds.
Q
How many o th e r doors d id you co ver b e fo r e g o in g s t r a i g h t to
t h i s — w hich you found o u t l a t e r
17
to be th e bedroom door?
18
A
None.
I w ent s t r a i g h t to th e bedroom d o o r.
19
Q
How d id you know to go to t h a t door?
20
A
As p a r t o f th e p r e -s e a r c h p la n ,
21
c le a r th e f i r s t
22
from DEA.
23
bedroom d o o r,
24
s id e o f th e d o o r.
25
Q
Okay.
It
flo o r .
I
it
was ag re ed t h a t I w ould
fo llo w e d th e le a d o f V in c e B alb o
He ran in and stopped and to o k a p o s it io n a t th e
I
fo llo w e d h is le a d and co vered th e o th e r
was a door and d id you know —
a g a in I d o n 't knowPage 74 102
R. PERTUSO - CROSS EDWARDS
1
if
you answered t h i s q u e s tio n o r n o t, b u t d id you
2
was a bedroom door b e fo re you co vered i t ?
3
A
I d id n o t ,
4
Q
S p e c ific a lly ,
know i t
I d id n o t.
you d id know t h a t i t
was Lee Edwards, a door
5
o r a bedroom o c cu p ied by Lee Edwards b e fo r e you c o vered i t ,
6
c o r r e c t?
7
A
I d id n o t know he was in th e room.
8
Q
Were th e l i g h t s
9
A
No.
10
Q
11
on in s id e th e home?
Were th e r e any o th e r occupants w a lk in g around th e house
a f t e r a fo r c e a b le e n t r y was made?
12
A
Y es.
13
Q
Who e ls e was o u t w a lk in g around th e house?
14
A
H is n ie c e , P h e n e th e r Buchanan was on th e second f l o o r .
15
Q
She was
16
A
Y es.
17
Q
D id you
18
A
I d id n o t .
19
Q
How f a r away from th e e n t r y p o in t where you made th e
la t e r id e n tifie d ?
id e n tify
t h i s person?
My — m y s e lf I d id n o t.
20
p h y s ic a l e n t r y was th e bedroom lo c a te d t h a t was o c c u p ie d by
21
M r. Edwards?
22
A
A p p ro x im a te ly 20 f e e t .
23
Q
A bout 20 fe e t?
24
A
Y es.
23
Q
Okay.
Would i t
be p o s s ib le f o r — w e l l ,
s tr ik e
th a t.Page 75 ■>w____ I
R. PERTUSO - CROSS EDWARDS
1
Your i d e n t i f i c a t i o n , was t h a t made b e fo re o r a f t e r
2
yo u r e n t r y in t o
3
w h a te v e r was shouted?
4
A
5
th e home when you shouted FBI o r DEA o r
B e fo re we e n te r e d th e house,
we announced our o f f i c i a l
id e n titie s .
6
Q
So th e door was —
7
A
And t h a t we had a
8
Q
9
A
10
Q
Were any windows open?
11
A
I d o n 't —
12
Q
You d o n 't r e c a ll?
13
A
No, I d o n 't .
14
Q
15
A
16
Q
17
se arch w a r r a n t .
The door was c lo s e d and lo c k e d ,
c o rr e c t?
Y es.
I d o n 't r e c a l l .
I t was a sunny d ay; was i t
a c o ld day?
I d o n 't remember.
Can you d e s c r ib e f o r th e ju r y w hat you were w e a rin g t h a t
d a y ; were you w e a rin g a ja c k e t?
18
A
19
Q
20
A r a id
A r a id
ja c k e t.
ja c k e t.
Were you w e a rin g a v e s t u n d e rn e a th th e
ja c k e t?
21
A
I w a s n 't m y s e lf.
22
Q
Okay.
O th e rs w e re .
23
Your H onor, may I approach
24
THE COURT:
25
MR. JACKSON:
You may.
th e W itness?
103Page 76 104
R. PERTUSO - CROSS EDWARDS
1
Q
2
Show you w h a t's been marked as G overnm ent's E x h i b it 3 0 .
A c c o rd in g to t h a t e x h i b i t , were th e windows open o r clo se d ?
3
A
It
ap pears t h a t th e second f l o o r window is open.
4
Q
What ab ou t th e f i r s t
5
A
It
ap pears t h a t t h a t window i s open a ls o .
6
Q
Is
th e r e an a g e n t
7
A
Y es, A gent Mark B ecker from th e
8
Q
And i s he w e a rin g a ja c k e t?
9
A
Y es, he i s .
10
Q
Now, th e bedroom t h a t you l a t e r
flo o r ?
d e p ic te d
11
b e lie v e you c o v e re d ,
12
window in i t ?
13
A
14
15
I d o n 't r e c a l l
th e l e f t
Q
Okay.
Is
is
in t h a t e x h ib it ?
F B I.
found M r. Edwards i n ,
t h a t — does t h a t bedroom have a
i f t h i s window
on th e
f i r s t f l o o r h e re on
s id e was th e bedroom window where he
it
I
p o s s ib le t h a t when you announced
was lo c a t e d .
— when yo u r
16
announcement was made p r i o r to yo ur f o r c e a b le
17
th e occupants o f t h a t room were a s le e p and had been a s le e p
18
f o r a w h ile ,
19
announcement?
20
MR.
21
BELLA:
O b je c t io n , Your H onor,
it
c a lls
fo r
s p e c u la t io n .
THE COURT:
23
MR. JACKSON:
25
th a t
t h a t th e y may n o t have h e a rd yo u r
22
24
e n try ,
Response.
Your H onor, t h i s w itn e s s was p r e s e n t a t
th e sc en e , he had th e b e s t o p p o r tu n ity to s c r u t i n i z e
THE COURT:
S u s ta in e d .
th e —Page 77 R. PERTUSO - CROSS EDWARDS
1
2
MR. JACKSON:
Q
3
4
A f t e r yo ur e n tr y in t o
th e home, d id you ask M r. Edwards
w h eth er he h e ard yo ur announcement?
A
5
6
105
I
d id n o t.
He was — he was in te r v ie w e d s u b s e q u e n tly by
ag en ts c o n c e rn in g t h a t .
Q
P r io r to g o in g i n , yo ur te s tim o n y when you were asked by
7
M r. B e lla was t h a t you knew Lee Edwards was on th e o th e r
8
s id e o f t h i s d o o r.
9
coming open t h a t i t was M r. Edwards on th e o th e r s id e o f
10
D id you know p r i o r to th e door a c t u a l l y
t h a t door?
11
A
I
12
Q
So yo u r te s tim o n y more a c c u r a t e ly would be t h a t th e r e was a
13
d id n o t.
s u b je c t b e h in d th e door who was l a t e r
id e n tifie d ?
14
A
C o rre c t.
15
Q
D id you i d e n t i f y M r. Edwards a t t h a t tim e?
16
A
Y es.
17
Q
How d id you i d e n t i f y him?
18
A
I
had p r e v io u s ly ob served M r. Edwards when c o n d u c tin g
19
p h y s ic a l s u r v e illa n c e s and I had p r e v io u s ly o b served
20
ph o to g rap h s o f him .
21
Q
D id you o b ta in any ty p e o f i d e n t i f i c a t i o n
from M r. Edwards
22
o r who you th o u g h t would be M r. Edwards a t th e tim e o f th e
23
o p en ing o f t h i s bedroom door?
24
25
A
He c ra w le d o u t o f th e bedroom and we h a n d c u ffe d him a f t e r
th e sh o ts were f i r e d .
We d i d n ' t ask him f o r anyPage 78 106
R. PERTUSO - CROSS EDWARDS
id e n tific a tio n
1
2
Q
a f t e r we h a n d c u ffe d him .
You a ls o t e s t i f i e d
t h a t no ag en ts o r no FBI a g e n ts o r DEA
a g e n ts a c t u a l l y d is c h a rg e d t h e i r weapons d u rin g t h i s —
3
4
A
C o r r e c t.
5
Q
— p ro c e d u re .
6
A
We had to conduct an i n v e s t ig a t io n w hich was conducted by
How do you know?
7
S p e c ia l A gent Tom A ll i s o n o f th e F B I, an a d m in is t r a t iv e
8
in v e s tig a tio n .
9
he exam ined e v e ry b o d y 's weapon t h a t was p r e s e n t .
He was on th e scene a f t e r th e s h o o tin g and
10
Q
D id you do t h i s
11
A
I gave him my gun to be exam ined.
12
Q
So yo u r te s tim o n y is
you conduct t h i s
13
14
A
I d id n 't .
15
Q
Okay.
A
t h a t yo u r gun was n o t d is c h a r g e d .
Tom A l l i s o n d id .
So how do you know t h a t o th e r a g e n ts ' weapons
How do I know?
How d id you know?
J u s t th ro u g h c o n v e rs a tio n w it h h im .
18
mean, I w ould know as an FBI a g e n t i f
19
weapon because —
20
21
22
23
Q
D id
i n v e s t ig a t io n as to o th e r a g e n ts ' weapons?
w e r e n 't d is c h a rg e d ?
16
17
e x a m in a tio n ?
somebody f i r e d
I
th e ir
B ut you d i d n ' t p e r s o n a lly check each one o f th e s e weapons?
MR. BELLA:
Your H onor, ask th e w itn e s s be a llo w d to
an sw er; d i d n ' t co m p lete h is answ er.
THE COURT:
24
h is an sw er.
25
h is q u e s tio n .
C o u n se l, w a it f o r th e w itn e s s to f i n i s h
M r. W itn e s s , w a it f o r th e a t t o r n e y to f i n i s h
Ask yo u r q u e s tio n ,
c o u n s e l.Page 79 107
R. PERTUSO - CROSS EDWARDS
1
2
MR.
Q
3
JACKSON:
D id you p e r s o n a lly in s p e c t each and e v e ry one o f th e
a g e n ts ' weapons e n te r in g t h i s house?
4
A
5
Q
6
No.
So yo ur te s tim o n y t h a t no ag e n t d is c h a rg e d h is weapon i s
based upon som ething you h e ard
7
A
8
Q
9
C o r r e c t.
So you d o n 't r e a l l y knowa c t u a l l y i n d i v i d u a l l y t h a t no
o th e r a g e n t d is c h a rg e d a
10
from somebody e ls e ?
weapon, you o n ly know t h a t you
d i d n ' t , c o r r e c t?
11
A
C o r r e c t.
12
Q
Now, who to o k th e s e p ic t u r e s t h a t a re in f r o n t o f you?
13
A
C a th e r in e Jagoda.
S h e 's an FBI p h o to g ra p h e r.
14
MR. JACKSON:Approach th e w itn e s s ?
15
THE COURT:
16
MR. JACKSON:
17
Q
You may.
Show you w h a t's been marked and r e c e iv e d in t o e v id e n c e as
18
G o vern m en t's E x h ib it s
19
te s tifie d
20
Edwards a l l e g e d l y f i r e d .
21
weapon?
22
A
40
t h a t th o se a re
and 4 1 .
—
I b e lie v e you p r e v io u s ly
th a t is
How i s i t
th e weapon t h a t M r.
you can i d e n t i f y
M y s e lf and A gent B ecker p re p a re d a r e p o r t .
th a t
We to o k th e
23
s e r i a l number o f f th e gun t h a t day and p re p a re d a r e p o r t
24
and we a ls o p u t t h a t in th e in v e n to r y o f th e s e a rc h .
25
Q
You d id n o t ta k e t h a t p ic tu r e ?Page 80 R. PERTUSO -
108
CROSS EDWARDS
1
A
No, C a th e r in e Jagoda d id .
2
Q
Can you see th e s e r i a l numbers on t h a t fir e a r m ?
3
A
No.
4
Q
So how is
it
you can p o s i t i v e l y i d e n t i f y t h a t weapon as
5
d is tin g u is h e d from any o th e r
6
th e re ?
7
A
.3 5 7 Magnum t h a t may be la y in g
Because I know t h a t t h a t was p la c e d in t o —
8
weapon a f t e r we a r r e s t e d — w e l l ,
9
Edwards, d e ta in e d L o r r i Edwards.
Of c o u rs e ,
10
I exam ined th e
a f t e r we a r r e s t e d Lee
I w ent th ro u g h th e bedroom, s e arch e d th e
11
t h in g and I
exam ined th e gun.
12
w it h a pen,
s tu c k a pen th ro u g h i t
13
it.
14
FD 302 on t h a t d a y , w hich I have in my p o c k e t, and we
15
re c o rd e d th e s e r i a l number on t h a t as b e in g 6 2 3 3 1 .
16
b e lie v e
17
s e r i a l number.
18
Q
We to o k th e s e r i a l o f f i t
if
A t t h a t tim e I p ic k e d i t
and to o k a good lo o k a t
and we p re p a re d a r e p o r t ,
you exam ine t h a t weapon, i t
My q u e s tio n to you i s ,
19
is
20
marks does t h a t gun have v e rs u s any o th e r
21
may be la y in g around?
A
Oh, I a g re e w it h yo u .
23
Q
So you d o n 't know p o s i t i v e l y t h a t ' s
25
th a t —
th a t
.3 5 7 Magnum t h a t
co u ld b e .
th e same weapon t h a t ' s
over —
THE COURT;
And I
o v er t h e r e , w hat i d e n t i f y i n g
22
24
It
an
w i l l have t h a t
how do you know t h a t i s
th e same weapon t h a t ' s
up
C o u n se l, w a it u n t i l h is answer isPage 81 R. PERTUSO -
1
c o m p le te d .
2
s ta r tin g
3
in ,
CROSS EDWARDS
109
He may have f in is h e d h is an sw er, b u t y o u 'r e
im m e d ia te ly a f te r w a r d s .
Y o u 'l l g e t yo u r q u e s tio n
c o u n s e l.
4
MR. JACKSON;
5
THE COURT:
6
THE WITNESS;
S o r ry , Your Honor.
You may p ro c e e d .
7
The weapon in t h i s p h o to g ra p h ,
8
Jagoda to o k th e p ic t u r e s o f th e weapon.
9
t h a t y o u 'r e c o r r e c t in t h a t th e r e is no s e r i a l number t h a t
I was p r e s e n t when C a th e r in e
I
c a n 't t e l l you
10
is v is ib le
1
1
bedroom, t h a t I
12
lik e
13
from th e gun s h o ts .
14
t h a t tim e .
15
Okay.
16
th e p i c t u r e and you c a n 't i d e n t i f y t h a t weapon w it h any
17
d is t in g u is h in g marks o r s e r i a l number,
18
C o r r e c t.
19
20
in t h i s weapon.
r e c a l l is
A t th e tim e I w ent in t o
th e
t h i s weapon t h a t lo o k s e x a c t ly
t h a t in t h a t lo c a t io n a m id s t th e w h ite powder d u s t
And we re c o rd e d th e s e r i a l number a t
So you re c o rd e d th e s e r i a l number b u t d id n o t ta k e
MR. JACKSON:
is
t h a t c o r r e c t?
May I approach th e w itn e s s a g a in . Your
Honor?
21
THE COURT;
22
MR. JACKSON;
You may.
23
So yo u r te s tim o n y th e n has to be t h a t t h i s
24
lo o k s s i m i l a r to th e one t h a t ' s
25
C o r r e c t.
o v er th e re ?
is a gun t h a tPage 82 R. PERTUSO - REDIRECT
1
Q
th e ju r y w ith o u t r e s e r v a t io n t h a t t h a t ' s
th e same gun?
2
3
You canno t t e l l
A
I
can t e l l
th e ju r y t h a t a t th e tim e I p ic k e d up th e weapon
4
and re c o rd e d th e s e r i a l number as 6 2 3 3 1 .
5
made on O cto b er 1 1 ,
6
a t th e s e r i a l number, i t
7
Q
q u e s tio n i s ,
9
te ll
th is
a ll,
s ittin g
over
Second o f
by a s e r i a l number?
g o in g to o b je c t .
W e've
o v er and o v e r .
THE COURT:
16
MR. JACKSON:
S u s ta in e d .
D id you run th e s e r i a l number on t h a t gun th ro u g h any ty p e
o f i d e n t i f i c a t i o n w it h yo ur bureau?
18
19
it
Your H onor, I'm
15
Q
th e same gun t h a t ' s
you d i d n ' t ta k e th e p i c t u r e .
you c a n 't i d e n t i f y
been o v e r t h i s
14
w i l l be th e same.
c o u ld you?
MR. BELLA:
13
we examine t h a t gun and lo o k
e x h i b i t w hich shows a gun, you can n o t
F irs t of a l l ,
11
12
if
th e j u r y t h a t t h a t ' s
th e re ,
10
1990,
The r e p o r t we
My q u e s tio n i s — h a te to behabor t h i s p o in t , b u t th e
8
17
110
A
I p e r s o n a lly d id n o t.
20
MR. JACKSON:
21
THE COURT:
22
.
23
N o th in g f u r t h e r .
Your H onor.
R e d ir e c t .
REDIRECT EXAMINATION
BY
MR. BELLA:
24
Q
What was t h a t s e r i a l number a g a in .
25
A
62331.
S p e c ia l A gent P e rtu s o ?Page 83 R. PERTUSO - REDIRECT
1
MR. BELLA:
If
2
THE COURT:
You may.
3
MR. BELLA:
4
5
6
7
I may approach th e w itn e s s ?
Can you c o n firm t h a t th e s e r i a l number on t h a t weapon,
MR. McGRATH:
Judge, b e fo re he b e g in s w it h h is
THE COURT:
You may.
(Bench d is c u s s io n on th e r e c o r d .)
MR. McGRATH:
Your H onor, my c l i e n t has to go to th e
10
bathroom v e r y u r g e n t ly .
11
he b e g in s cro s s — o r r e d ir e c t ?
12
THE COURT:
13
Could we ta k e a s h o r t b re a k b e fo r e
Okay, c o u n s e l.
(End o f d is c u s s io n a t th e b e n c h .)
14
THE COURT:
15
a s h o r t re c e s s .
16
gave you b e fo r e ; do n o t d is c u s s t h i s
17
do n o t p e r m it anyone to d is c u s s i t w it h you o r in yo u r
18
p re s e n c e .
19
o p in io n dn t h i s
20
W ith t h a t ,
It
L a d ie s and g e n tle m e n , w e 'r e g o in g to ta k e
Remember th e a d m o n itio n t h a t th e C o u rt
case among y o u r s e lv e s ,
i s yo u r d u ty n o t to form o r e x p re s s any
case u n t i l i t
is
fin a lly
s u b m itte d to yo u .
you may f o llo w th e M a rs h a l u p s t a i r s .
(The j u r y were e s c o rte d from th e c o u rtro o m ,
and th e f o llo w in g p ro c e e d in g s h ad , r e p o r te d
as f o l l o w s : )
21
22
23
s ir ?
q u e s tio n , may we approach?
8
9
1
1
1
THE COURT:
A n y th in g co u n sel w is h to ad d ress th e C o u rt
24
ab o u t b e fo r e we ta k e a s h o r t recess?
25
c u s to d y o f th e weapon i t s e l f .
W i l l somebody ta k e
W e 'l l ta k e a s h o r t r e c e s s .Page 84 R. PERTUSO - REDIRECT
1
2
3
112
(T h e re was a rece ss t a k e n .)
THE COURTI
A n y th in g coun sel w ish to ad d ress th e C o u rt
ab ou t b e fo re we c a l l th e ju ry ?
4
MR. BELLA:
No, Your Honor.
5
THE COURT:
C a ll th e j u r y .
6
MR. TRUITT:
You w ish to —
th e C o u rt —
c o u n s e l to
7
ad d ress you o r you w ish to in q u ir e on th e re c o rd as to th e
8
s ta tu s o f c e r t a in e x h ib its ?
9
10
1
1
THE COURT:
Is
th e r e a s t i p u l a t i o n
r e la tiv e
to th e
weapons b e in g h e ld by th e U. S. A t t o r n e y 's o f f ic e ?
MR. TRUITT:
I b e lie v e th e r e i s .
Your H onor,
I b e lie v e
12
t h a t a l l d e fe n s e coun sel w i l l ag re e w it h th e Governm ent
13
t h a t e i t h e r th e DEA o r th e F B I, one o f th e case a g e n ts ,
14
ta k e c o n t r o l o f th e weapons.
15
n a r c o t ic s ,
16
been a d m itte d in t o e v id e n c e and th e n p r e s e n t them a t th e
17
a p p r o p r ia te tim e .
And i f
th e r e a re any
c o n tr o l o f the, n a r c o tic s even though th e y have
18
THE COURT:
Any o b je c tio n from th e Government?
19
MR. BELLA:
No, t h a t ' s
20
THE COURT:
T h a t'S g r a n te d .
fin e .
C o u n se l,
21
p re p a re some ty p e o f a w ith d r a w a l s l i p .
22
p o s s e s s io n o f i t .
23
24
25
MR.. BELLA:
if
I'll
you w i l l
l e t you have
V e ry w e l l .
(The ju r y were e s c o rte d in t o th e c o u rtro o m ,
and th e f o llo w in g p ro c e e d in g s h a d , r e p o r te d
as f o llo w s : )Page 85 113
R. PERTUSO - REDIRECT
THE COURT;
1
you were in
2
4
r e d i r e c t e x a m in a tio n .
MR. BELLA;
3
Q
A gent P e rtu s o ,
5
If
6
THE COURT;
7
MR. BELLA;
8
Q
You may be s e a te d .
M r. B e l l a ,
I b e lie v e
You may c o n tin u e .
Thank yo u. Your H onor.
j u s t a few more q u e s tio n s .
I may approach th e w itn e s s . Your Honor?
You may.
I ask you to exam ine t h i s weapon t h a t ' s
been in tro d u c e d and
marked as G o vernm en t's E x h ib it 3 5 , S p e c ia l A gent P e r tu s o ,
9
10
and ask you to examine th e s e r i a l number on t h a t weapon and
11
compare th e s e r i a l number re p o rte d from th e e x a m in a tio n o f
12
th e weapon conducted t h a t d a y , t h a t is O cto b er 11 o f 1990?
13
A
The s e r i a l number on th e weapon is 6 2 3 3 1 .
14
s e r i a l number t h a t is
15
B e c k e r.
16
Q
So t h a t i s
That is
th e same
in th e r e p o r t p re p a re d by S. A . Mark
th e same weapon re c o v e re d a t Lee Andrew Edw ards'
re s id e n c e t h a t day?
17
18
A
Y es.
19
Q
And w it h re g a rd to th e p h o to g ra p h . S p e c ia l A gent P e r tu s o ,
20
do you have any reason to b e lie v e t h a t anyone e ls e w ould
21
p la c e an i d e n t i c a l weapon in an i d e n t i c a l lo c a t i o n and th e n
22
ta k e ph oto g rap h s o f th e weapon?
23
A
NO.
24
Q
These p h o to g ra p h s , a re th e y a c c u ra te
25
r e p r e s e n t a tio n s o f
where you found th e weapon t h a t day a t t h a t re s id e n c e ?Page 86 R. PERTUSO - REDIRECT
114
1
A
Y es.
2
Q
And t h a t door t h a t t h i s weapon was b y , what door i s
3
th a t
ag ain ?
4
A
The bedroom d o o r.
5
Q
And d id you have o c c a s io n to examine any damage t h a t was
6
s u s ta in e d by th e re s id e n c e t h a t day as a r e s u l t o f th e s e
7
sh o ts b e in g f ir e d ?
8
A
9
Y es, th e r e was b u l l e t h o le s in th e door fram e and th e
bedroom d o o r.
10
Q
Is
11
A
Y es.
12
Q
D id you ob serve any o f th e — any o th e r la w e n fo rc e m e n t
t h a t th e same bedroom door?
13
o ffic e r s
14
o b s e r v a tio n s w hich would in d ic a t e
15
were f i r e d
o r any ag en ts around you f i r e
weapons o r have any
t h a t any o th e r weapons
t h a t day?
16
A
No, s i r .
17
Q
I b e lie v e you t e s t i f i e d
t h a t you conducted s u r v e illa n c e ;
18
w ould t h a t in c lu d e s u r v e illa n c e a t t h i s
19
P lac e?
20
A
Y es.
21
Q
And as a r e s u l t o f t h a t s u r v e illa n c e ,
22
23
460 T a f t
d id you have o c c a s io n
to o b serve M r. Edwards a t a l l ?
A
24
25
lo c a tio n ,
I d o n 't r e c a l l i f
it
to th e s u r v e illa n c e
Q
was 460 o r 1522 T a f t w ith o u t r e f e r r i n g
lo g s .
You conducted s u r v e illa n c e a t one o f th e two re s id e n c e s ?Page 87 R. PERTUSO - REDIRECT
115
1
A
Y es.
2
Q
And you have a ls o m o n ito re d th e s e w ir e ta p c o n v e r s a tio n s ,
is
t h a t r ig h t ?
3
4
A
Y es.
5
Q
Now, when p e o p le would — as a r e s u l t o f th o se w ir e t a p
6
c o n v e rs a tio n s d id you observe w h eth er Lee Edwards was a t
7
th e re s id e n c e a t 460 T a f t P la c e d u rin g th e p e r io d o f t h a t
8
w ir e ta p ?
9
A
Yes.
10
Q
And was he?
11
A
Y es.
12
Q
You t e s t i f i e d
t h a t you ob served L o r r i Edwards a ls o in th e
13
bedroom a f t e r
th e sh ots were f i r e d
14
and you a r r e s t e d Lee Edwards in t h a t doorw ay.
15
you o b serve L o r r i Edwards?
and th e door was opened
Where d id
16
A
On th e bed.
17
Q
Was she anywhere c lo s e to th e door o f th e bedroom?
18
A
No.
19
Q
I
see.
20
If
21
THE COURT:
You may.
22
MR. BELLA:
Your H onor, does th e C o u rt w is h me to ta k e
23
th e weapon —
THE COURT:
24
25
I may ap p ro ac h . Your Honor?
now.
You can g iv e i t
to th e C le r k f o r
r ig h tPage 88 116
R. PERTUSO - REDIRECT
1
MR. BELLA:
Thank yo u, t h a t ' s
2
THE COURT;
R ecross D a v is .
3
MR. TRUITT;
4
THE COURT:
5
MR. MCGRATH;
6
THE COURT;
7
MR. JACKSON;
a ll
I have.
N o th in g , Your H onor.
R ecross D u r r.
N o th in g , Your H onor.
Recross Edwards.
Y es, Your H onor.
RECROSS EXAMINATION
BY
MR. JACKSON;
8
9
10
S p e c ia l A g e n t, you n e ver saw Lee Edwards f i r e
11
d id you?
12
No.
13
MR. JACKSON:
14
THE COURT:
N o th in g f u r t h e r .
t h a t weapon,
Your H onor.
R e - r e - r e d i r e c t G overnm ent.
FURTHER REDIRECT EXAMINATION
BY
MR. BELLA:
15
16
17
Was th e bedroom door open o r sh u t when th o se sh o ts were
18
f ir e d ?
19
A
The bedroom door was open ab ou t one in c h .
20
Q
And th e s h o ts , were th e y f i r e d
th ro u g h t h a t o p en ing o r
where were th e y f ir e d ?
21
22
A
No, r i g h t th ro u g h th e d o o r.
23
Q
Through th e d o o r.
24
I have n o th in g f u r t h e r .
25
THE COURT:
R e -r e - r e c r o s s D a v is .Page 89 WALTON - DIRECT
1
MR. TRUITT:
2
THE COURT:
3
MR. McGRATH:
4
THE COURT:
5
MR. JACKSON;
6
THE COURT;
7
117
N o th in g , Your Honor.
R e -r e -r e c r o s s D u r r.
N o th in g , Your H onor.
R e -r e -r e c r o s s Edwards.
N o th in g , Your Honor.
You may s te p down.
C a ll yo u r n e x t
w it n e s s .
8
(The w itn e s s was e x c u s e d .)
9
MR. BELLA;
10
N ex t w itn e s s . Your H onor, i s O f f i c e r
W a lto n .
11
THE COURT:
I'm
12
MR. BELLA;
W a lto n .
13
THE COURT:
P le a s e be s e a te d , p u l l yo u r c h a ir up ,
s o rry ?
14
speak d i r e c t l y
15
everyb o d y in th e co u rtro o m may h e a r .
16
in t o
th e m icrophone lo u d enough so t h a t
GARY WALTON
17
c a lle d as a w itn e s s by th e G overnm ent, b e in g f i r s t d u ly
sworn to t e s t i f y th e t r u t h , th e whole t r u t h and n o th in g b u t
th e t r u t h , was exam ined and t e s t i f i e d as f o llo w s ;
18
19
DIRECT EXAMINATION
BY
MR. BELLA:
20
21
Q
Would you s t a t e yo u r name, p le a s e ?
22
A
G ary W a lto n , W -A -L -T -O -N .
23
Q
And what is yo ur o c c u p a tio n ,
24
A
Now I'm
25
s ir ?
employed by th e S ta te o f In d ia n a in th e E n viro n m en t
Management.Page 90 118
WALTON - DIRECT
1
Q
And in O ctob er o f 1 9 9 0 , what was your o c c u p a tio n ,
2
A
I was a member o f th e In d ia n a p o lis P o lic e D ep artm en t
a s s ig n e d to a M etro Drug U n it .
3
4
s ir ?
Q
On O cto b er 1 1 , 1 9 9 0 , d id you have o c c a s io n to p a r t i c i p a t e
in an i n v e s t ig a t io n h e re in Lake C ounty,
5
In d ia n a ?
6
A
Y es,
I d id .
7
Q
And w hat was th a t?
8
A
I was a s s ig n e d to a s s is t in a se arch w a r r a n t a t an a d d ress
in G a ry ,
9
In d ia n a .
10
Q
And do you know where t h a t was, s ir ?
11
A
Y es.
12
Q
And in th e course o f t h a t s e a rc h , d id you r e t r i e v e
I b e lie v e i t
was 460 T a f t ,
T - A -F -T .
ite m s from t h a t re s id e n c e ?
13
14
A
Y es, I d id .
15
Q
Where d id you s e a rc h in th e re s id e n c e ?
16
A
F i r s t p la d e t h a t I
house.
17
18
Q
21
22
23
I b e lie v e
searched was in th e back a re a o f th e
it
was l i k e
a back p o rc h .
And c o u ld you t e l l us w hat you found in th e back p o rch o f
th e re s id e n c e ?
19
20
any
A
I
found s e v e r a l ite m s ,
in c lu d in g a b la c k o v e r n ig h t bag o r
d u f f e l bag.
MR. BELLA;
If
I may approach you f o r a moment —
m ig h t approach th e w itn e s s . Your Honor?
24
THE COURT:
25
MR. BELLA:
You may.
if
IPage 91 ___ .
WALTON - DIRECT
.
1
Q
2
3
A
Y es, I
4
Q
What i s
5
A
It 's
and ask i f
you can i d e n t i f y t h a t ,
th a t,
s ir ?
th e b la c k
bag t h a t I
found on th e se arch w a r r a n t in
7
Q
8
A
It
9
Q
D id you s e iz e th e bag and i t s
10
A
Y es, I d id .
11
Q
And I wonder i f
And was t h a t bag empty o r d id i t
back p o rc h .
have c o n te n ts
you would exam ine t h a t bag and t e l l
Do you w ant me to ta k e each ite m out?
14
Q
W e ll,
15
A
Y es, th e y a r e .
15
Q
fir s t of a ll,
And y e s ,
if
a re th e c o n te n ts s t i l l
in th e
bag?
you co u ld remove th e ite m s and t e l l us how th e y
a re marked and d e s c rib e f o r us what th e y are?
18
If
19
THE COURT:
20
NR. BELLA:
Q
I may a p p ro ac h . Your Honor?
You may.
Hand you w h a t's been marked f o r purposes o f i d e n t i f i c a t i o n
22
as Government E x h ib it lA ;
23
p le a s e ?
25
us i f
in th e bag?
A
24
it?
c o n te n ts ?
13
21
in
had c o n te n ts in i t .
th o se c o n te n ts a re s t i l l
17
p le a s e ?
can.
th e r e a r o f th e re s id e n c e in th e
12
119
Hand you w h a t's been marked as G overnm en t's E x h i b it 1 f o r
id e n tific a tio n
6
J
A
It's
a set of tr ip le
can you d e s c r ib e t h a t f o r me,
beam s c a le s .
I
found th e s e in
th e —
th e s e were in s id e th e b la c k bag a t th e back po rch o f th ePage 92 WALTON - DIRECT
120
1
r e s id e n c e .
2
T h a t was in s id e th e b la c k bag you found in th e back po rch
3
o f th e re s id e n c e ?
4
A
Y es,
5
Q
And E x h i b it IB ,
6
A
E x h i b it IB was a —
it
was.
can you t e l l what t h a t i s ,
I
c a ll i t
s ir ?
a g r in d e r o r a s i f t e r .
It's
7
made by Braum and t h i s a ls o was found in th e b la c k bag a t
8
th e back p o rc h .
9
Q
E x h i b it IC f o r i d e n t i f i c a t i o n ?
10
A
It's
a s m a ll p l a s t i c
c o n ta in e r ;
1
1
d i f f e r e n t drug p a r a p h e r n a lia .
12
bag.
it
Q
And E x h i b it ID f o r i d e n t i f i c a t i o n ?
14
A
Is
15
bag.
It
and some
I t was a ls o in s id e th e b la c k
13
a c le a r p l a s t i c
c o n ta in e d t i e s
c o n ta in s a su bstance c a lle d
la c to s e w hich i s a m ilk s u g a r.
16
Q
E x h i b it lE?
17
A
lE i s
a brown p aper bag, has a number o f c le a r p l a s t i c
18
b a g g ie s .
19
b la c k bag.
A c c o rd in g to my n o te s th e y were a ls o found in th e
20
Q
And E x h i b it IF ?
21
A
IF
22
i s a c o n ta in e r o f R eynolds W rap, Heavy D u ty R eynolds
W rap.
23
Q
A ls o was in th e b la c k bag?
24
A
Yes.
25
Q
And E x h i b it IG?Page 93 WALTON - DIRECT
1
MR. Mc Gr a t h ;
2
THE COURT:
3
(Bench d is c u s s io n on th e r e c o r d .)
MR. TRUITT:
5
THE COURT:
6
MR. JACKSON:
My c l i e n t has a need.
G entlem en.
There is a w itn e s s in th e c o u rtro o m ,
Your H onor.
8
9
May we ap p ro ac h . Your Honor?
You may.
4
7
121
My c l i e n t ' s
b ro u g h t to my a t t e n t i o n t h a t t h i s
P h e n e th e r Buchanan w alked in th e c o u rtro o m ,
is
s h e 's on th e
10
G o vernm en t's l i s t .
1
1
p r e s e n t in th e co u rtro o m my d e fe n d a n t a d v is e d me o f d u rin g
12
th e d i r e c t and cro ss e x a m in a tio n o f th e f i r s t w itn e s s and
13
t h a t was Gwendolyn C am p b ell.
14
THE COURT:
But th e r e
is a n o th e r w itn e s s t h a t i s
G en tlem en, one o f you o r you w ant t e l l
th e
15
M a rs h a l o r somebody to remove them from th e co u rtro o m and
16
th e n we can d is c u s s a fte r w a r d s i f
17
th a t 's
18
th e r e
is any a c t io n
re q u e s te d .
MR. JACKSON:
19
Y es.
(End o f d is c u s s io n a t th e b e n c h .)
20
THE COURT:
C o u n se l,
21
MR. BELLA:
Y es.
22
THE WITNESS:
23
Y es.
24
It
25
And IH f o r i d e n t i f i c a t i o n ?
I b e lie v e you were w it h IG .
IG was a ls o w it h a s m a ll v a n i l l a - c o l o r e d
was a ls o found in s id e th e b la c k bag.
c o n t a in e r .Page 94 WALTON - DIRECT
THE COURT:
1
J u s t a m in u te ,
2
122
c o u n s e l.
(Bench d is c u s s io n on th e r e c o r d .)
MR. TRUITT:
3
We b e t t e r e x p la in to th e j u r y w h a t's
g o in g on.
4
THE COURT:
5
Do co un sel want me to e x p la in ab o u t th e
s e p a r a tio n o f w itn e s s e s ?
6
7
MR. JACKSON:
8
MR. BELLA:
Y es, Your H onor.
Y es, Your H onor.
(End o f d is c u s s io n a t th e b e n c h .)
9
THE COURT:
10
L a d ie s and g e n tle m e n , you may be w o n d e rin g
11
why w e 'v e had th e s e two l i t t l e
12
E a r lie r
13
s e p a r a tio n o f w itn e s s o r d e r .
14
w itn e s s e s may be in th e co u rtro o m e x c e p t when t e s t i f y i n g
15
and th e y c a n 't t a l k
in th e t r i a l ,
c o n fe re n c e s a t s id e b a r .
th e C o u rt e n te re d w hat i s
known as a
What t h a t o rd e r i s
t h a t no
to each o t h e r .
A p p a r e n tly th e r e have been some in d iv id u a ls
16
is
17
come in t o
18
th e p ro c ess o f g e t t in g them o u t o f th e co u rtro o m so as n o t
19
to v i o l a t e
20
w itn e s s o r any o f th e a t t o r n e y s , w e 'r e j u s t t r y i n g
21
a p rob lem l a t e r .
th e C o u rt o r d e r .
C o u n s e l, I
22
It 's
We were in
n o th in g to do w it h t h i s
to a v o id
th in k you were on IG and why d o n 't we go
back to t h a t p o in t .
23
MR. BELLA:
24
25
th e co u rtro o m t h a t may be w itn e s s e s .
t h a t have
Q
IG I
Thank yo u , Your H onor.
t h in k you t e s t i f i e d was th e w h ite p l a s t i c
c o n ta in e rPage 95 WALTON - DIRECT
1
and IH you have in f r o n t o f you?
2
A
3
Q
And I I ?
4
A
ll
5
Q
6
A
7
8
IH is a — j u s t
is
a
c le a r p l a s t i c
Q
in th e
b ag .
,And IJ ?
IJ
is a s m a ll — a lm o s t
A l l th e s e ite m s ,
as you found i t
10
c o n ta in e r found
j u s t an o r d in a r y t w e lv e -in c h r u l e r .
l i k e a matchbook c o n ta in e r
I p la c e d a b a g g ie around i t
9
11
123
in w h ich
and s e a le d i t .
lA th ro u g h I J ,
were th e y in t h i s b la c k bag
on th e back porch o f t h a t re s id e n c e a t 460
T a f t P la c e t h a t day?
A
Y es, s i r .
12
MR. BELLA:
13
W ith th e C o u r t 's in d u lg e n c e I w i l l
repackage th e s e item s?
14
THE COURT:
You may.
15
MR. BELLA:
U nless d e fen se co u n sel w ish to exam ine
16
17
them w h ile
Q
t h e y 'r e
M r. W a lto n ,
o u t o f th e bag.
I hand you w h a t's been marked
f o r purposes o f
18
id e n tific a tio n
as Government E x h ib it 2 ; ask i f
19
id e n tify th a t,
p le a s e ?
20
A
Y es, s i r ,
21
Q
What i s
22
A
23
24
25
It 's
its
Q
I
can .
th a t,
you can
>
s ir ?
a photo o f th e b la c k bag w hich I
ju s t id e n t if ie d
and
c o n te n ts w hich I a ls o i d e n t i f i e d .
And i s
t h a t a photo o f
ap peared to
how th e bag and i t s
c o n te n ts
you a t th e tim e t h a t photo was ta k e n onO c to b e rPage 96 WALTON - DIRECT
1
124
11?
2
A
A p p ro x im a te ly , y e s .
3
Q
Government E x h ib it 3 f o r i d e n t i f i c a t i o n ;
can you i d e n t i f y
4
t h a t , p le a s e ?
5
It 's
6
unpacked th e bag, I
7
and th e n a ph o to g rap h was ta k e n o f i t .
8
And Government E x h ib it 4 f o r i d e n t i f i c a t i o n ;
9
c lo s e r v ie w o f th o se co n te n ts ?
a ls o a n o th e r p h o to grap h o f th e b la c k bag.
A f t e r I had
s e t th e c o n te n ts to th e s id e o f th e bag
is
th a t a
10
A
T h a t 's c o r r e c t .
1
1
Q
And G o vernm en t's E x h ib it s 3 and 4; a re th ose a ls o a c c u r a te
12
r e p r e s e n t a tio n s o f what th e c o n te n ts ap peared l i k e
13
t h a t day?
14
A
T h a t 's c o r r e c t .
15
Q
Thank yo u ,
s ir .
16
If
17
THE COURT:
18
MR. BELLA:
19
Q
I may ap p ro ac h . Your Honor?
You may.
A g a in I hand you Government E x h i b it 3 f o r i d e n t i f i c a t i o n ;
20
were th e r e any o f th ose c o n te n ts t h a t you l a t e r
21
fo r id e n tific a tio n ?
22
A
23
24
25
to you
I p e r s o n a lly d id n o t subm it them , b u t y e s ,
s u b m itte d
some o f th e
c o n te n ts were s u b m itte d .
Q
I hand you w h a t's been marked f o r purposes o f
id e n tific a tio n
as Government E x h ib it 36 and ask i f
you canPage 97 125
WALTON - DIRECT
i d e n t i f y t h a t , p le a s e ?
1
2
A
Y es, s i r .
3
Q
What i s
4
A
It
th a t,
is a —
s ir ?
lik e
an p l a s t i c —
I'm n o t su re w h e th e r i t ' s
5
Cool Whip bowl o r b u t t e r bowl o f some k in d , w hich I
6
in s id e th e b la c k bag.
It
found
c o n ta in e d a powdery s u b s ta n c e .
7
Q
And w hat d id you do w it h t h a t bowl a f t e r you found i t ?
8
A
I
to ,
I b e lie v e
from
t h a t p o in t .
10
Q
A ls o show you w h a t's been marked f o r purposes o f
12
id e n tific a tio n
13
can you i d e n t i f y t h a t to o , p le a s e ?
I
as Government E x h ib it 37 ; can you t e l l me —
14
A
Y es,
15
Q
What is
th a t,
16
A
T h is i s
a P la n t e r 's P eanut j a r o r ca n .
can .
s ir ?
17
in s id e th e b la c k bag when I
18
powdery su bstance and I
19
th e p re c e d in g .
20
i t was th e DEA a g e n t
V in c e who was on th e scene, and he to o k c o n t r o l o f i t
9
11
to o k th e b o w l, gave i t
a
Q
found i t .
T h is was a ls o
It
c o n ta in e d a brown
to ok charge o f i t
th e same as I d id
And was th e r e a ls o an FBI a g e n t who was in ch arg e a t th e
scene?
21
22
A
Y es, th e r e was.
23
Q
And who was th a t?
24
A
M a rk ,
25
Q
I
th in k h is name i s B a lla r d o r B e c k e r.
And th e l a s t P l a n t e r 's
can t h a t you i d e n t i f i e d ;
can youPage 98 126
WALTON - DIRECT
t e l l me what you d id w it h t h a t ,
1
2
A
I
gave —
s ir ?
I gave b o th o f them , maybe i t was to M r. B e c k e r,
3
one o f th e ag en ts on th e scene,
4
c o n ta in e d — o r c o n te n ts o f th e c o n ta in e r s to ta k e charge
5
o f.
6
Q
A
Y es,
I b e lie v e M r. B ecker was and th e n M r. V in c e B a lb o ,
e v e r y t h in g .
10
Q
So one a g e n t was ke e p in g a lo g and th e o th e r a g e n t was
c o l l e c t i n g th e ite m s p h y s ic a lly ?
12
13
A
T h a t 's c o r r e c t .
14
Q
Would t h a t a ls o have been th e case w it h E x h i b it 36?
15
A
T h a t 's c o r r e c t .
16
Q
So who w ould have ta k e n charge o f th a t?
17
A
M r. B e c k e r.
18
Q
Thank yo u ,
A gent B ecker would have ta k e n ch arge o f t h a t .
s ir .
Were th e r e o th e r ite m s t h a t you s e iz e d t h a t day a s id e
19
from t h a t b la c k bag and i t s
20
c o n te n ts ,
s ir ?
21
A
Y es, th e r e was.
22
Q
What were some o f th e o th e r ite m s you s e iz e d ?
23
A
I
s e iz e d a m e ta l can and i t s
r e f e r to as a paper c u t t e r .
24
25
I
t h in k o f h is name, DEA a g e n t, was ke e p in g a re c o rd o f
9
11
Was th e r e one a g en t a t th e scene who was in charge o f
as sem b lin g evid en ce?
7
8
I gave him th e b u lk t h a t
Q
If
I may s to p you t h e r e .
c o n te n ts ,
I
s e iz e d a — w hat IPage 99 WALTON -
1
May I approach,
2
THE COURT:
3
MR.
4
Q
Your Honor?
You may.
BELLA:
Hand you w h a t ' s been marked f o r purposes o f i d e n t i f i c a t i o n
5
as Government E x h i b i t 7; ask i f
6
please,
7
A
Yes,
8
Q
What i s
9
A
I
It's
th at,
sir?
the paper c u t t e r t h a t I
11
MR. JACKSON:
12
THE WITNESS:
It
15
Q
And Government E x h i b i t 8 f o r
me what t h a t
A
18
19
7.
a t the top f o r a g u i d e .
MR. BELLA:
16
17
re fe rre d to.
c o u n s e l.
has a r u l e r a t t a c h e d to i t
14
that
can.
THE COURT:
A
you can i d e n t i f y
sir?
10
13
127
DIRECT
is ,
T h i s i s a photograph o f th e paper c u t t e r
And i s
can you t e l l
sir?
l a y i n g on th e f l o o r
Q
id e n tific a tio n ;
I
ju st
id e n tifie d
i n s i d e th e r e s i d e n c e .
t h a t an a c c u r a t e
r e p r e s e n t a t i o n o f how th e paper
20
c u t t e r appeared t o you a t the r e s i d e n c e a t 460 T a f t P la c e
21
t h a t day?
22
A
Yes,
23
Q
Hand you a l s o ,
24
25
it
is.
Mr. W a l t o n ,
E x h i b i t 9 and ask i f
A
Yes, I
can.
what's
been marked as Government
you can i d e n t i f y
t h a t f o r me, p l e a s e ?Page 100 128
WALTON - DIRECT
1
Q
What i s
2
A
It 's
th a t,
s ir ?
a m a n ila c o v e r, en velo p e t h a t c o n ta in e d p a p e rs ,
3
w rap p in g papers and such t h a t was found in s id e th e
4
r e s id e n c e .
5
Q
And E x h ib it 10 ; can you t e l l me w hat t h a t i s ,
6
A
It 's
a ph o to g rap h o f th e ite m t h a t I
s ir ?
ju s t id e n t if ie d
7
has been opened up, o u ts id e o f th e packag e, and i t
8
la y in g a p p ro x im a te ly where I
9
Q
10
And i s
th a t
is
found i t .
t h a t a ls o a c c u ra te and r e p r e s e n t t h a t scene as you
ob served i t
t h a t day?
11
A
It
12
Q
Hand you w h a t's been marked f o r purposes o f i d e n t i f i c a t i o n
does.
13
as Government E x h i b it 11; ask i f
14
p le a s e ?
15
A
Y es, I
16
Q
What i s
17
A
It 's
th a t,
can.
th a t,
a la r g e
Found t h i s
18
you can i d e n t i f y
s ir ?
round p ie c e o f g la s s o r p l a s t i c
g la s s ,
a ls o in th e re s id e n c e d u rin g th e s e a rc h .
19
Q
And where d id you f in d t h a t a t?
20
A
I b e lie v e t h i s was a ls o found in th e back p o rc h .
21
Q
A lon g w it h th e p aper c u t t e r and paper?
22
A
T h a t 's c o r r e c t .
23
Q
And th e bag t h a t you p r e v io u s ly i d e n t i f i e d ?
24
A
T h a t 's c o r r e c t .
25
Q
And Government E x h ib it 12 f o r i d e n t i f i c a t i o n ?
c le a r .
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".
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
vs.
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a James
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
Defendants.
)
)
)
)
)
)
)
)
)
NO. HCR 92-113
.
Trial in the above entitled cause was commenced before
the HONORABLE RUDY LOZANO, Judge of said Court, and a jury, at
the Federal Building, 507 State Street, Hammond, Indiana, on the
9th day of March, 1993, commencing at the hour of 8:35 a.m.
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United States Attorney,
1001 Main street, Suite A, .
Dyer, Indiana 46311
on behalf of the Government;
VOLUME 2
DANIEL J. SULLIVAN
OFFICIAL COU~T REPORTER - U. S. DISTRICT COURT
507 STATE STREET, HAMMOND, INDIANA 46320
PDF Page 3
•
APPEARANCES (Cont'd)
MR. BENJAMIN S. JACKSON,
442 North Calumet, Suite 200,
Chesterton, Indiana 46304
on behalf of defendant Lee Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin street,
valparaiso, Indiana 46383,
on behalf of defendant James Davis;
MR. JOHN McGRATH,
1108 west 133rd Avenue,
Cedar Lake, Indiana 46303,
on behalf of defendant Lynetta P. Durr;
•
•
Defendants Present in Person
DANIEL J. SULLIVAN
OFFICIAL COUR~·REPORTER - U. S. DISTRICT COURT
507 STATE STREET, HAMMOND, IN'DIANA 46320
PDF Page 4
31
•
•
"
.
(Court opened at 8:35 a.m.)
1
2
THE COURT:
Good morning, counsel.
Counsel, we're
3
still waiting for a few jurors so I thought I'd come out
4
and we could take care of some housekeeping matters and
5
that way when -- hopefully when the jurors are all here,·
6
we're able to get started on time.
7
As I understand it, counsel, there is only one motion
8
outstanding and -- well, it's not really a motion, it's one
9
matter outstanding and that's the Santiago Proffer?
10
MR. BELLA:
Yes, Your Honor.
11
THE COURT:
The Government has filed an in camera
12
proffer regarding the admissibility of certain
13
co-conspirator statements which it intends to offer into
14
evidence at this trial.
15
is governed by the rule enunciated in the United States vs.
16
Santiago and its progeny.
17
conditionally admit statements of co-conspirators before
18
the existence of the criminal conspiracy has been
19
established by the Government's evidence.
20
The admissibility of this evidence
Under that rule, the court can
Such statements are admitted subject to the condition
21
that the existence of the conspiracy has been established
22
by a preponderance of the evidence by the close of the
23
Government's case in chief.
24
critieal condition is not fulfilled, the Court can declare
25
a mistrial or it ca.n instruct the jury to disregard the
In the event that this
PDF Page 5
32
•
1
2
Government, aware of the Court's usual practice, has
4
provided a pretrial proffer of the evidence it expects to
5
introduce to satisfy the Santiago conditions and
6
requirements.
8
As I understand it, Mr. Bella, copies of that have
been given to opposing counsel.
9
MR. BELLA:
That's correct, Your Honor.
10
THE COURT:
The Court has carefully reviewed this
11
proffer and is satisfied that if the evidence materializes
12
as the Government expects, the co-conspirator statements
13
are admissible.
14
The Court now orders that the statements of the
which the Government seeks to introduce
15
co-consp~rators
16
will be admitted subject to the Santiago condition.
17
is, these statements will be admitted into evidence if at
18
the close of the Government's case in chief, the existence
19
of the conspiracy alleged is established by a
20
of the evidence presented.
21
•
In order to avoid this error-prone course, the
3
7
•
statements conditionally admitted.
That
preponde~ance
Put another way, the statements will be admitted, if
22
at the close of the Government's presentation of
23
the Court finQs that the evidence presented establishes
24
that it is more likely than not that a criminal conspiracy
25
existed and that the statements in question were made in
evidence~
PDF Page 6
33
•
1
_. the course of and in furtherance of the conspi racy, and
2
that the defendants we're members of the conspiracy at the
3
time that the statements were made.
Counsel,
4
•
have also requested from you and
I
have
5
received a list of witnesses that may be called during this
6
case.
7
MR. BELLA:
Yes, Your Honor.
8
THE COURT:
The reason for this as I have explained to
9
•
I
counsel is so that
I
can ask the jury whether anybody knows
10
them.
I received a list from the Government, the
11
defendants have indicated that they have none.
12
the defendants' names will be read so in the event that the
13
defendants do testify, that will not be an exception to the
14
list.
Obviously
have exchanged this list?
15
Cou~sel
16
MR. BELLA:
17
MR. JACKSON:
18
THE COURT:
Yes, Your Honor.
Yes, Your Honor.
I have also requested from counsel a short
19
statement of what the case is about so that
20
the jury a little bit about the case.
21
advised me that its suggested statement of the case would
22
be Government's requested instruction number 8.
23
read that in place of going through the entire irtdictment.
24
Any objection from the defendants?
25
MR. TRUITT:
I
can read to
The Government has
I will
No objection from the defendant Davis,
PDF Page 7
34
•
•
•
1
Your Honor.
2
MR. McGRATH:
No objection, Your Honor.
3
MR. JACKSON:
No objection, Your Honor.
4
THE COURT:
Counsel have also requested
I will read
5
that -- have also requested an exception to the Court;s
6
usual practice of proceeding with a certain lineup of
7
attorneys during cross examination.
8
counsel that if they wish to change that
9
will hand me a piece of paper -- and in fact I will make
I have advised defense
lin~up,
if they
10
that from the very beginning so that way I'll know what
11
lineup of who starts cross examination, who finishes it.
12
That will be the order that I will ask .
13
In other words, assuming just as an example, Mr.
14
Jackson goes first, Mr. Truitt goes second and Mr. McGrath
15
goes third.
16
goes first, Mr. Jackson second and Mr. McGrath third, just
17
hand me a piece of paper so that I know when I'm asking
18
cross examination I'm not starting to stumble trying to
19
figure out who went first and who went last, you know, from
20
that previous time.
21
MR. BELLA:
22
MR. JACKSON:
Yes, Your Honor.
23
MR. McGRATH:
Yes, Your Honor •
24
MR. TRUITT:
25
THE COURT:--"All
If later on you want to change so Mr. Truitt
Is that agreeable to everybody?
Yes, Your Honor.
Yes, Your Honor.
~-
the Court will conduct the voir
PDF Page 8
35
•
1
dire examination of the jury.
2
to the court which counsel wish to have asked of the jury.
3
Questions may be submitted prior to the Court's voir dire
4
and may be supplemented after the Court's examination.
5
Following examination of twelve jurors seated in the
6
jury box, the exercise of challenges shall be conducted as
7
follows.
8
jurors to be challenged for cause and of those jurors to be
9
challenged preemptorily.
10
11
•
Each side shall prepare a written list of those
Counsel will approach the bench
and submit the list to the Court.
In this case there are three defendants.
I will want
12
one list from the defendants.
13
lead counsel for the defense can bring me the list.
14
Court will hear arguments on those jurors challenged for
15
cause."
16
as a preemptory challenge.
17
juror by both the Government and the defendant counts
18
against both.
19
•
Counsel may submit questions
Whoever you want to pick as
The
If a challenge for cause is denied, you may use it·
A
preemptory challenge of one
Those jurors remaining in the box after challenges are
20
exercised may not again be challenged except for cause.
21
The empty seats in the jury box will be filled and the
22
process will be repeated for those jurors not previously
23
examined.
24
25
The defendants as a total have a total of ten
preemptory challenges; the Governmertt has a total of six.
PDF Page 9
36
•
•
1
Counsel,
I
have been advised that we lost some jurors
2
as a result of yesterday continuing the case until today.
3
I had suggested that we have four alternates.
4
still want to have four?
5
call of jurors.
6
MR. JACKSON:
7
THE COURT:
Do counsel
We may have to have a follow-up
Yes, Your Honor.
A total of four alternate jurors will be
8
chosen, they will replace regular in the order in which
9
they are seated.
Each side, in other words all of the
10
defendants will have a total of two preemptory challenges;
11
the Government will have a total of two preemptory
12
challenges.
13
of course, do not carryover to the alternates.
Challenges from the regular panel of the jury,
14
Opening statements and final arguments of counsel and
15
counsel's examination of witnesses should be made from the
16
podium.
17
witnesses for the purpose of handling exhibits.
18
Court should be asked prior to witnesses leaving the
19
witness box for purposes of demonstration.
20
•
".
Leave of Court should be asked to approach
Leave of
Counsel, one of my pet peeves with attorneys is not
21
having exhibits premarked.
22
premark all of your exhibits only because that causes a
23
delay and that's something that we can save time on.
24
25
I would suggest that you
Obviously there are exceptions, there's some exhibits
that may come b¥ surprise, but otherwise have all of your
PDF Page 10
37
•
1
exhibits marked and numbered.
2
problem of ending up with two exhibits with the same
3
numbers because when you're rushing through it you forget
4
what number the last one was.
5
proceed under the procedure that objection by one attorney
7
-- I'm talking about defense counsel -- is adopted by the
8
other defense counsel unless specifically indicated that
9
they want to opt out of that objection.
MR. JACKSON:
Yes, Your Honor.
12
MR. McGRATH:
Yes, Your Honor .
13
MR. TRUITT:
14
16
Is that the
procedure that you want?
11
15
•
I have also asked counsel whether or not they want to
6
10
•
That would also avoid the
.THE COURT:
Yes, Your Honor.
That will be the procedure that we have.
Any other questions?
I'm trying to think of other
things that we may be able to do.
17
Insofar as objections are concerned, gentlemen,
18
short concise objections, I do not want a final argument.
19
When you make an objection, please stand up and make the
20
objection.
21
the problem when you sit is that you have a voice that's
22
softer and I want to make sure that the record is made
23
complete so that's the reason why I'm asking you to stand
24
up to make your objection.
25
attorneys to hopefully stop the questioning so that, you
I
want
I don't care about your standing and sitting,
It also signals to the other
PDF Page 11
38
'.
~.
1
2
Mr. Jackson.
3
MR. JACKSON:
4
•
Yes, Your Honor.
On behalf of Mr.
Edwards I move for separation of witnesses.
5
THE COURT:
Any objection?
6
MR. BELLA:
No objection, Your Honor.
7
case agent who
8
request assist me at counsel table.
9
agent, Vince Balbo of the DEA.
I
do have a
Special Agent Ted May of the FBI who I
There's a second case
Certain parts of the
10
investigation he primarily handled and I would request
11
permission to approach the bench and ask the court
12
permission for him to sit in perhaps for a portion of the
13
trial at a later time.
14
THE COURT:
15
MR. JACKSON:
Any objection?
Yes, Your Honor.
I believe the
16
Government's entitled to have only one case agent when a
17
motion for separation
18
Government can demonstrate that various -- which case
19
agents were specifically assigned to, and knowledge from
20
one case agent does not go over to the other, then I would
21
not -- I will object to the objection.
22
•
know, the objection can be heard.
THE COURT:
ot witnesses is made unless the
Anybody else?
Mr. Jackson, I'm not sure
23
that there's any rule that says they're entitled to only
24
one; I think that's discretionary with the Court.
25
under most cases, the court usually allows one.
However,
! will
PDF Page 12
39
•
•
•
1
allow Mr. May -- is that who your designated representative
2
is, Mr. Bella?
3
MR. BELLA:
Yes.
4
THE COURT:
Mr. May to be present during the trial.
5
In the event that there is somebody else because of
6
specific need that is necessary, I am not going to tell you
7
how I'm going to rule.
8
approach the bench and I may make an exception and allow
9
Mr. Balbo.
However, Mr. Bella, you may
10
MR. BELLA:
Yes, Your Honor.
11
THE COURT:
To be the exception.
However, before we
12
do that, approach the bench.
The Court will grant the
13
motion for separation of witnesses.
14
ordered to be outside of the courtroom except when
15
testifying.
16
to indicate to the witnesses what the testimony of another
17
witness was while on the stand.
18
defense counsel, of course, from talking to prospective
19
witnesses in preparation for trial, they just can't tell
20
them so and so said the following from the stand.
21
order will remain in tact throughout the entire trial.
22
objection?
All witnesses are
Witnesses nor attorneys nor anybody is allowed
23
MR. JACKSON:
24
MR. TRUITT:
25
MR. McGRATH:
No .
No objection.
N~
objection.
That does not prohibit
This
Any
PDF Page 13
~o
•
•
•
1
MR. BELLA:
No objection.
2
THE COURT:
Counsel, I don't know who your witness
3
are, and the list that the Government has given me is
4
somewhat substantial.
5
out in the courtroom because if they should walk in by
6
accident, I don't want to get into a problem later.
7
keep an eye on it and if they should come in, if you want a
8
recess to be able to get a witness out, I will grant that.
9
Also I would suggest to all counsei that in the event
I'm going to ask you to keep an eye
So
10
that they want to -- strike that.
That in the event that
11
they have witnesses who testify, that they advise the
12
witnesses not to talk to anybody else because the first
13
question that usually occurs when a witness walks outside
14
of the courxroom is people come up to them and say what did
15
they ask you on the stand.
So hopefully we can avoid that.
16
Mr. Bella, is there a Grand Jury this week?
17
MR. BELLA:
18
MR. McGRATH:
19
MR. BELLA:
I have a matter that's
20
THE COURT:
Gentlemen, if there is not a Grand Jury --
No, I don't think so.
I believe there is, Your Honor.
21
I'm talking to defense counsel now -- if you want to meet
22
in a room, I will allow to you have -- I call it a blue
23
room back there only because there's blue furniture -- to
24
meet back there and that way you can have some conferences
25
in private instead of having to talk out into the hallway.
PDF Page 14
41
If you want that, would you kindly let my staff know.
Because it's back in the area where the Grand Jury is at, I
cannot allow that while the Grand Jury is meeting.
But in
the event that there's no Grand Jury and if you want that
room, advise me and I will make it available to you.
MR. BELLA:
I
believe the Grand Jury will be here this
week, not today, but for the remainder of the week.
After
today I think there will be a Grand Jury.
Forget about the offer 'then because it's
THE COURT:
going to be moot if it's after today for the entire time.
Also gentlemen, on Friday because of another
commitment that just became necessary yesterday late
afternoon, I'll probably be quitting approximately at four
o'clock.
T~at
might be for the best anyway because it's
the weekend and I think I've indicated to all counsel
before it is my practice not to want to give a case to the
jury late on Friday anyway, so we might be quitting a
little bit early on that day.
Is there anything else that we need take up, any other
MR. McGRATH:
Your Honor, there's a possibility that
we might be able to streamline the laying of foundation of
the tapes, we're going to coordinate that with Mr. Bella.
We can present that later today to you.
The other thing tnat we ask if Mr. Bella at the end of
PDF Page 15
42
•
"
.
1
the day can give an idea of what witnesses he would call
2
the next day because it's so extensive, the discovery, it
3
would help us --
4
witnesses are going to be for -- who you expect to be a
6
witnesses for the following day.
7
MR. BELLA:
Yes, Your Honor.
8
THE COURT:
Obviously I will give you some latitude
10
•
Mr. Bella, can you kindly advise who your
5
9
•
THE COURT:
for a mistake as long as it's, you know, not something that
occurs all the time.
11
Also with regards to defense counsel insofar as cross
12
examination of witnesses, I will not allow the same area to
13
be gone into depth on cross examination for each defense
14
counsel.
15
cannot be gone into by other defense counsel unless it's in
16
a different way or a different area or you want to bring
17
~omething
18
the same question asked three times, the same impeachment
19
asked three times.
If it's covered by one defense counsel, then it
different out from that area.
20
Any problem, any objection?
21
MR. JACKSON:
22
THE COURT:
No, Your Honor.
Okay.
Anything else that we can do to
the case along and I'll try to find out how our juror
23
mo~e
24
situation is.
25
But I do not want
MR. BELLA:
Your
'~onor,
the Government
ha~
submitted a
PDF Page 16
43
•
•
.
1
list of witnesses.
2
think who will actually be called, but to be safe, I
3
thought the names of any potential witnesses be read to the
4
jury.
5
error.
The last name on that list, the spelling may be in
Nancy Vandegrift.
V as in victory, A-N-D-E
6
THE COURT:
I have Nancy LeVechia.
7
MR. BELLA:
That's an error, Your Honor.
8
THE COURT:
You want to correct it, counsel.
9
MR. BELLA:
Thank you, Your Honor.
10
THE COURT:
No problem.
11
with regards to the ladies that are out in the
12
audience, while we're voir diring the jury and only during
13
that period of time,
14
back row on the far right side.
15
picked, then if you want to come up, you want to sit on the
16
right side or the left side, with certain, a few
17
exceptions, you can sit anywhere you want.
18
picking the jury,
19
with the prospective jurors.
20
•
There are more witnesses there than I
am going to require you to go to the
Once we have a jury
But while we're
don't want the audience to be mixed
Counsel, do you want to make the corrections on your
21
list.
22
Vandegrift.
23
I
I
The last name he has changed from LeVechia to
V-A-N-D-E-G-R-I-F-T.
MR. BELLA: One other -- couple others, Your Honor.
24
The -- yesterday when we had a conference in chambers, the
25
-- some of the other
de~ense
attorneys requested or
PDF Page 17
44
•
.
1
. inquired regarding Grand Jury transcripts of witnesses
2
Karen Pertuso, Vincent Balbo, with regard to Grand Jury
3
proceedings that did not lead to the indictment of this
4
case, but led to the indictments of other defendants who
5
were at one point or another somehow connected with Mr.
6
Edwards.
I pulled those Grand Jury transcripts; I do not
7
•
8
believe they had a connection with this case.
9
through them.
read
I don't -- still don't think they have a
10
connection with this case.
11
offices here in Hammond and defense counsel are welcome to
12
examine those transcripts and to obtain copies if
13
necessary.
However, I do have them in our
Also the -- at the status conference defense counsel
14
15
and
16
to get together regarding any remaining discovery matters.
17
Since that date, additional materials were furnished to
18
defense counsel.
19
objections or any motions based on those.
20
•
I~ve
the Judge ordered defense counsel and the Government
THE COURT:
It's my understanding there's no
Also counsel, for the record, the
21
conference that I had with you yesterday was in an effort
22
to see if we could move the case along.
23
the merits in any way, shape or form, is that correct?
24
MR. BELLA:
25
MR. JACKSON:
We did not discuss
That's correct, Your Honor.
That's
PDF Page 18
45
•
1
MR. McGRATH:
2
MR. BELLA:
Something else, housekeeping matters, I do
4
THE COURT:
Is that correct, Mr. Truitt?
5
MR. TRUITT:
6
THE COURT:
Okay.
7
MR. BELLA:
I did want to address those items for the
3
•
want
That is correct, Your Honor.
I'm sorry.
8
record today to make sure that defense counsel are in
9
concurrence and that they know about the Grand Jury
10
transcripts as well.
11
THE COURT:
12
Bella'S statements?
Any objections or any corrections to Mr.
13
MR. JACKSON:
No, Your Honor.
14
MR. TRUITT:
None, Your Honor.
15
MR. McGRATH:
16
THE COURT:
No.
Counsel, again he said that some
17
transcripts were available.
18
remind me I will give you' a little bit longer recess.
19
Probably won't be during the morning because we'll be
20
picking a jury, but like, you know, usually I have a recess
21
at ten and one at three.
22
•
Also correct.
If you want to do it, if you
The one at three I'll make a little bit longer for you
23
if you want to go upstairs and look at or if you want to
24
wait until the end q.f the day obviously you won't need a
25
longer recess then.
Or if you want to do it during the
PDF Page 19
46
•
1
lunch hour.
2
going to be looking for you guys within about ten or
3
fifteen minutes.
MR. BELLA:
4
hand the transcripts to my secretary this morning and ask
6
her to make copies so I'll have copies available.
7
THE COURT:
8
Anything else that we need cover insofar as the trial,
10
That's even better.
insofar as moving it along?
Any questions, any
housekeeping matters?
Gentlemen, out of caution what
11
I
have done because
I
12
was concerned with the number of jurors that we've had, I
13
have requested that we get a few more jurors rather than to
14
pick a jury and then run out of jurors and then have
15
some more.
16
•
Another recall, Your Honor, I think I did
5
9
•
But remind me, though, because otherwise I'm
I
~o
get
think it's going to be about 10 or 15 minutes before
17
they come so you maybe can get a cup of coffee.
18
that was a better way to go than to run out of jurors and
19
then have to go through the entire process of instructing
20
them and then bringing them in.
21
couple of minutes to kill.
22
coffee or prepare something you can during that period of
23
time •
24
25
Is there
anythi~~
to address before I --
I
thought
So we're going to have a
If you want to get a cup pf
else that we should address or have
PDF Page 20
47
•
1
MR. BELLA:
No, Your Honor.
2
THE COURT:
We'll stand in recess for a few minutes.
3
I'll let you know as soon as we have all the jurors.
(There was a recess taken.)
4
5
•
Counsel, I have also given to you a list
6
of prospective jurors for this case.
7
you want to write on them or not, however, when the case is
8
completed -- strike that.
9
you're going to have to give them back to the clerk.
I don't care whether
When the voir dire is
c~mpleted,
So if
10
you have any secret notes that you want to write on there,
11
you're going to be giving them back so it's up to you.
12
Mr. Truitt .
13
MR. TRUITT:
14
15
Your Honor, I have the list of order of
cross examination which I will tender to the Court.
THE COURT:
Thank you, Mr. Truitt, I was just going to
16
ask about that and I was forgetting it and thank you for
17
bringing it back to my attention.
18
19
20
21
•
THE COURT:
Mr. McGrath, you gave me a limiting instruction
yesterday; that's no longer necessary, is it?
MR. McGRATH:
That's correct, Your Honor.
I also withdraw my motion to sever.
Your Honor,
It's moot.
22
THE COURT:
Any objection?
23
MR. BELLA:
No, Your Honor •
24
THE COURT:
That's granted.
25
Does anybody know of any reason why we shouldn't call
PDF Page 21
48
•
1
the jury up?
2
MR. BELLA:
3
MR. TRUITT:
None, Your Honor.
4
MR. McGRATH:
No, Your Honor.
5
THE COURT:
No.
Call the jury.
(The trial of this cause continued with the
selection of a jury, which was recorded
stenographically but ordered not t,,~anscribed
herein.
proceedings continued as 'follows:)
6
7
8
9
10
•
Mr. Truitt, is this the order that you are
going to go?
11
MR. TRUITT:
Yes, Your Honor.
12
THE COURT:
You may be seated.
Ladies and gentlemen,
13
in a moment I'm going to recess for lunch.
14
instructed not to discuss this case with anyone.
15
attempts to discuss the case with you, please report that
16
to me.
17
you have heard only a part of it and you must reserve your
18
judgment in this case until it is given to you for
19
deliberations.
20
•
THE COURT:
You are
If anyone
You must remember that until the case is completed,
You are further instructed that you are not to speak
21
or fraternize with any of the parties to this suit or their
22
representatives, attorneys or witnesses while the case is
23
being tried.
24
has nothing to do with_.the case, your conversation or
25
fraternizing with any of the people involved in the case is
Even though the subject of your conversation
PDF Page 22
.,
'49
1
bound to be misunderstood by your fellow jurors and by the
2
parties themselves.
3
You are reminded of your great responsibility as
4
jurors and that your conduct during the trial of this case
5
is the subject of scrutiny by the Court, your fellow
6
jurors, and all of the parties and attorneys.
7
important that you be entirely circumspect in the manner in
8
which you go and come from the courtroom in order
9
one may doubt that this case is being fully and fairly
10
no
By the same token, it should be remembered that the
12
lawyers, parties and their representatives and witnesses
13
must not under any circumstances talk with or fraternize
14
with
15
•
~hat
tried so that the ends of justice may be served.
11
•
It is most
membe~s
of the jury during the trial of this case.
with that, ladies and gentlemen, I'm going to allow
16
you to break for lunch.
17
twelve.
18
take you up to the juryroom so that you're aware of where
19
you have to go during the breaks and where you will be
20
going as we break here in court.
21
-- and you if want to leave anything there, you may -- you
22
may go and
23
to have you back here at five minutes until two.
24
2$
It is now about 18 minutes after
I'm going to, before you leave, have the Marshals
Once you've seen the room
go ahead and break for lunch.
I would like
with that, you may follow the Marshal upstairs.
(The jury were escorted from the courtroom,
and the following proceedings were had,
PDF Page 23
50
•
2
You may be seated.
To the rest of the
veniremen who have been unchosen,
4
of you for being here this morning ready to serve.
5
can see, we've never quite sure exactly how many jurors
6
we're going to need.
7
serve.
8
be necessary since we already have a jury.
9
to be dismissed, if any of you need any 'work slips, the
I
I
want to thank the rest
As you
appreciate your being here ready to
At this time your services are no longer going to
You
a~e
going
Clerk's office will take care of that downstairs.
11
Mr. Koch, is there another case pending?
12
You are free to go home .
13
Counsel,
I
would request that nobody leave the
14
courtroom until all of the jurors have gone to lunch.
15
would also appreciate it at this time if you would return
16
your jury -- prospective jury list to the Clerk.
17
18
•
THE COURT:
3
10
•
reported as follows:)
1
I
Anything counsel wish to address the Court about we
take our recess for lunch?
19
MR. BELLA:
What time do we start again, Your Honor?
20
THE COURT:
I told the jury to be here by five minutes
21
until two.
22
minutes until two.
23
miQutes until, but I'm hoping that we'll at least get
24
started at two o'clock.
25
get started on time.
I
will request that counsel be here by ten
I doubt that we'll start at five
Hope springs eternal, maybe we can
PDF Page 24
51
•
1
with that, if there's nothing further, enjoy your
2
lunch and I'll see you here at about ten minutes until two.
3
4
5
6
7
8
9
10
11
•
12
13
14
15
16
17
18
19
20
21
22
23
•
24
25
(At 12:25 p.m. the trial was recessed, to
reconvene at 1:55 p.m. in the afternoon of
the same day.)
PDF Page 25
•
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
vs.
)
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a James
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
Defendants.
•
NO. HCR 92-113
)
)
)
)
)
)
)
Trial in the above entitled cause was reconvened
before the HONORABLE RUDY LOZANO, Judge of said Court, and a
jury, at the Federal Building, 507 State Street, Hammond,
Indiana, on the 9th day of March, 1993, commencing at the hour
of 2:20 p.m.
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United States Attorney,
1001 Main Street, Suite A,
Dyer, Indiana 46311
on behalf of the Government;
•
DANIEL,J. $ULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET, HAMMOND, INDIANA 46320
PDF Page 26
•
APPEARANCES (Cont'd)
MR. BENJAMIN S. JACKSON,
442 North Calumet, Suite 200,
Chesterton, Indiana 46304
on behalf of defendant Lee Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin Street,
Valparaiso, Indiana 46383,
on behalf of defendant James Davis;
MR. JOHN McGRATH,
1108 West 133rd Avenue,
Cedar Lake, Indiana 46303,
on behalf of defendant Lynetta P. Durr;
•
•
Defendants Present in Person
DANI·EJ, J. SULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET, HAMMOND, INDIANA 46320
PDF Page 27
.
•
2
4
5
THE COURT:
about before
I
Anything counsel wish to address the Court
call the jury down?
MR. BELLA:
Your Honor, we will be introducing some
6
exhibits with the first several witnesses.
7
numbers I anticipate will jump around quite a bit.
The exhibit
8
THE COURT:
Doesn't bother me at all.
9
MR. BELLA:
The one thing that may cause some
10
difficulty is Exhibit 1 has several items inside of it
11
which I have marked lA through IJ, and I don't know if the
12
Court has a form that it goes by that might throw the lines
13
off in the form.
14
THE COURT:
Counsel, Number 1 is admitted, assuming
15
for a moment.
16
through 1J inside of it.
Then -- and you can say, which includes 1A
Then they're all admitted.
17
MR. BELLA:
Okay.
18
THE COURT:
And now if you introduce lA, then only 1A
19
•
(Court reconvened at 2:20 p.m. without the
jury present in open court.)
1
3
•
54
is admitted.
20
MR. BELLA:
Very well.
21
THE COURT:
But if you make it clear that it's a group
22
exhibit consisting of lA through 1J and you want to admit
23
a).l of Number 1, then the record will so reflect it.
24
MR .. BELLA:
Very well •
25
THE COURT:
It all depends on how you move.
PDF Page 28
"
•
55
.
1
MR. BELLA:
Okay.
2
THE COURT:
Anything else?
(The jury were escorted into the courtroom,
and the trial resumed in open court,
reported as follows:)
3
4
5
•
•
Call the jury.
THE COURT:
You may be seated.
Members of the jury,
6
now that you have been selected as jurors and have been
7
sworn and before we begin the trial,
I
8
you about what will be happening.
want to describe how
9
the trial will be conducted and explain what we will be
I
would like to tell
10
doing; you, the lawyers for both sides and myself.
11
end of the trial,
12
how you are to go about reaching your decision.
13
simply want to explain how the trial will proceed.
14
I
At the
will give you more detailed guidance on
But now
I
This criminal case has been brought by the United
15
states Government.
16
States Government as the Government and sometimes as the
17
prosecution.
18
by Assistant United States Attorney, Mr. Dan Bella.
19
defendant Lee Andrew Edwards is represented by Attorney
20
Benjamin Jackson.
21
James Jefferies, alSo known as Little James, is represented
22
by Robert Truitt.
23
represented by John McGrath.
24
25
I will sometimes refer to the United
The Government is represented at this trial
The defendants
The
The defendant James Davis, also known as
The defendant Lynetta Durr is
~ave
been charged by the Government
with violations of federal law.
Again, ladies and
PDF Page 29
56
•
•
1
gentlemen, I'm going to read to you a short synopsis of
2
what the case is about.
3
This is a criminal case brought by way of an
4
indictment by the United states of America against Lee
5
Andrew Edwards; James Davis, also known as James Jefferies,
6
also known as Little James; and Lynetta Durr.
7
is charged in the following counts of the indictment with
8
the following offenses.
9
indictment, with conspiring with others to violate federal
In Counts 1, 2 and 3 of the
10
narcotic laws.
11
in a continuing criminal enterprise, that is, that Mr.
12
Edwards committed a continuing series of violations of
13
federal narcotic laws in concert with five or more
14
individuals-with respect to whom Mr. Edwards occupied a
15
position of organizer or manager and from which a series of
16
violations, Mr. Edwards obtained substantial income or
17
resources.
In Count 4 of the indictment, with engaging
In Counts 5, 6, 7, 9 and 11, with distribution of
18
•
Mr. Edwards
19
heroin on the dates alleged in those counts.
20
and 10 of the indictment with distribution of cocaine on
21
the dates alleged in those counts.
22
indictment, with possession with intent to distribute
23
herain on October 11, 1990.
24
with
~5
October 11, 1990.
posses~ion
In Counts 8
In Count 12 of the
In Count 13 of the indictment,
with intent to distribute cocaifie on
._ , ..•.
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57
•
1
2
a firearm during and in relation to a drug trafficking
3
crime on October 11, 1990.
4
of the indictment, with using a telephone to facilitate the
5
6
•
And in Counts 25, 26, 36 and 38
to commission of a felony under federal narcotics laws
on the dates alleged in those counts.
7
James Davis, also known as James Jefferies, also known
8
as Little James, and Lynetta Durr are charged in count 3 of
9
the indictment with conspiring together with Lee Andrew
10
Edwards and with others to violate federal narcotic laws.
11
James Davis is also charged in Counts 23, 24, 25 and 26 of
12
the indictment with using a telephone to facilitate, to
13
commission of a felony under federal narcotic laws on the
14
dates alleged in those counts.
15
•
In Count 14 of the indictment, with using and carrying
Lynetta Durr is also charged in Count 30 of the
16
indictment with using a telephone to facilitate the
17
commission of a felony under federal narcotic laws on
18
September 18, 1990.
19
The defendants have pled not guilty to these charges.
20
The charges against the defendants are contained in
21
the indictment.
The indictment is simply the description
22
of the charges made by the Government against the
23
defendants.
24
defendants pled not guilty to the charges and deny
25
eommitting the offenses.
It is not evidence of anything.
The
They are presumed innoeent and
PDF Page 31
58
•
1
may not be found guilty by you unless all twelve of you
2
unanimously find that the Government has proved their guilt
3
beyond a reasonable doubt.
4
•
5
statements.
6
you about the evidence which it intends to put before you
7
so that you will have an idea of what the Government's case
8
is going to be.
9
neither is the opening statement evidence.
The Government's opening statement will tell
Just as the indictment is not evidence,
Its purpose is
10
only to help you understand what the evidence will be and
11
what the Government will try to prove.
12
After the Government's opening statement, the
13
defendants' attorneys will make an opening statement.
14
this point
15
either side.
16
~n
At
the trial, no evidence has been offered by
Next the Government will offer evidence that it says
17
will support the charges against the defendants.
18
Government's evidence in this case will consist of the
19
testimony of witnesses as well as documents and exhibits.
20
•
The first step in the trial will be the opening
Some of you have probably heard the terms
21
circumstantial evidence and direct evidence.
22
concerned with these terms.
23
evidence given in this trial.
24
25
The
You are to consider all the
After the Government's evidence, the
attorney -- attorneys
m~y
Do not be
defendant'~
present evidenc$ in the
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59
•
1
defendants' behalf, but they are not required to do so.
2
remind you that the defendants are presumed innocent and
3
the Government must prove the guilt of the defendants
4
beyond a reasonable doubt.
5
prove their innocence.
7
sides, the Government and the defense will each be given
8
time for their final arguments.
I just told you that the opening statements by the
9
10
lawyers are not evidence.
11
arguments.
12
arguments, the attorneys for the Government and the
13
defendants will be attempting to summarize their cases and
14
help you understand the evidence that was presented.
The same applies to the closing
They are not evidence either.
In their closing
The final part of the trial occurs when
15
•
The defendants do not have to
After you have heard all of the evidence on both
6
•
I
I
instruct you
16
about the rules of law which you are to use in reaching
17
your verdict.
18
leave the courtroom together to make your decision.
19
delibe~ations
20
explain your verdict to anyone.
After hearing my instructions, you will
Your
will be secret; you will never have to
21
Now that I have described the trial itself, let me
22
explain the job that you and I are to perform during the
23
trial.
24
case.
25
by the attorneys as we go along and also in the final
I will decide which rules of law apply to this
I
will decide this in response to questions raised
PDF Page 33
60
1
instructions given to you after the evidence and the
2
arguments are completed.
3
Government has proved beyond a reasonable doubt that the
4
defendants have committed the crimes with which they are
5
charged.
6
in the case and my instructions about the law.
7
•
You must base that decision only on the evidence
No statement or ruling or remark which I may make
8
during the presentation of testimony is intended to
9
indicate my opinion as to what the facts are.
You are to
10
determine the facts.
11
decide upon the believability of the evidence and its
12
weight and value .
13
In this determination, you alone must
In considering the weight and value of the testimony
14
of any witness, you may take into consideration the
15
appearance, attitude and behavior of the witness, the
16
interest of the witness in the outcome of the case, the
17
relation of the witness to the Government or the defendant,
18
the inclination of a witness to speak truthfully or not,
19
the probability or improbability of the witnesses'
20
statements and all other facts and circumstances in
21
evidence.
22
•
You will decide whether the
Thus you may give the testimony of any witness just
23
such weight and value as you may believe the
24
such witness is
25
entitl~d
testi~ony
of
to receive •
During the course of the trial, you should not talk
PDF Page 34
'
•
61
1
with any witness or with the defendant or with any of the
2
lawyers in the case.
3
any subject at all.
4
trial you should not talk about the trial with anyone else.
5
Not your family, not your husbands, not your wives, not
6
your friends, not the people you work with.
7
should not discuss this case among yourselves until I have
8
instructed you on the law and you have gone to the juryroom
9
to make your decision at the end of the trial.
10
Please don't not talk with them about
In addition, during the course of the
Also you
It is important that you wait until all the evidence
11
is received and you have heard my instructions on rules of
12
law before you deliberate among yourselves.
13
Let me add that during the course of the trial, you
14
will receive all the evidence you may properly consider in
15
this case.
16
gather any information on your own which you think might be
17
helpful.
18
attempt to visit any of the places mentioned in the case
19
and do not in any other way attempt to learn about the case
20
outside of the courtroom.
21
•
.
Because of this, you should not attempt to
Do not engage in any outside reading, do not
Now that the trial has begun, you must not read about
22
it in the hewspapers or watch or listen to television or
23
radio reports of what is happening here.
24
these rules as I a·m cert-ain you will understand is that
25
your decision in this case must be made solely 011 the
The reason for
PDF Page 35
"
•
1
evidence
at the trial in this courtroom.
3
objection to a question asked by another lawyer or to an
4
answer by a witness.
5
requesting that I make a decision on a particular rule of
6
law.
7
from my rulings on the objection.
8
legal questions that I must determine and should not
9
influence your thinking.
This simply means that the lawyer is
Do not draw any conclusion from such objections or
These only
rela~e
to the
If I sustain an objection to a question, the witness
11
may not answer.
12
have been given had
13
Similarly, if I tell you not to consider a particular
14
statement, you should put that statement out of your mind
15
and you may not refer to that statement in your later
16
deliberations.
Do not attempt to guess what answer might
I
allowed the question to be answered •
During the course of trial,
17
I
may ask a question of a
18
witness.
19
opinion about the facts in the case.
If I do, that does not indicate that I have any
Finally, let me clarify something that you may wonder
20
•
pr~sented
At times during the trial, a lawyer may make an
2
10
•
62
.
21
about later.
22
interrupt the proceedings to confer with the attorneys
23
about
24
we will talk here at
2S
conferences In'ay take time.
t~e
During the course of the trial, I may have to
rules of law which should apply here.
th~,"
SO$etimes
bench, but some of these
As a cQnvenience to you, I will
PDF Page 36
OPENING STATEMENT - GOVERNMENT
•
1
excuse you from the courtroom.
2
interruptions as much as possible, but please be patient
3
even if the trial seems to be moving slowly because
4
conferences often save time for all of us.
6
by you of your duties is vital to the administration of
7
justice.
With that, counsel for the Government may proceed
8
9
with their opening statement.
10
MR. BELLA:
Thank you, Your Honor.
11
ladies and gentlemen.
12
services as jurors in this case .
Good afternoon,
First of all, thank you for your
This case involves evidence regarding a drug
13
14
trafficking organization run by the defendant Lee Edwards.
15
And I expect, ladies and gentlemen, that the evidence will
16
show to you that this drug trafficking organization run by
17
this particular defendant started before 1986, and
18
continued through October of 1990.
The evidence that you will hear, ladies and gentlemen,
19
•
will try to avoid such
Remember, ladies and gentlemen, faithful performance
5
•
I
63
20
will show to you that various persons worked for Lee
21
Edwards and the cast of people working for Lee Edwards
22
changed over the span of years from before 1986 through
23
1990,.
24
of the organization .
25
But always, the defendant Lee Edwards was in charge
The investigation that led to these charges also led
PDF Page 37
OPENING STATEMENT - GOVERNMENT
1
to the downfall of the defendant Lee Edwards and to the end
2
of his drug trafficking organization.
This investigation, ladies and gentlemen, consisted
3
•
4
of informants, both within the Edwards drug trafficking
5
organization and without it who dealt with him.
6
consisted of surveillance by law enforcement officers; it
7
consisted of what's called controlled purchases where a
8
specific individual would be searched, provided with money,
9
sent to meet in this case Mr. Edwards, make a purchase of
10
drugs from him, and then return with the drugs to the law
11
enforcement officers.
It
It consisted of wiretaps on Mr. Edwards' telephone,
12
13
actually two telephones, that he operated his drug
14
trafficking. from two different residences.
15
consisted of search warrants, search warrants that were
16
served in October of 1990, and the service of those search
17
warrants by searching these residences used by Mr. Edwards
18
in his drug trafficking spelled the end of his
19
organization.
And it
There were several different charges that arose from
20
•
64
21
all of this investigative activity which finally brought us
22
here today, ladies and gentlemen.
23
cha~ge
24
that is the sale of cocaine and heroin.
25
The charges include a
of distribution of cocaine and heroin, distribution
-
Another charge that you'll hear of this on is
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OPENING STATEMENT - GOVERNMENT
•
1
. possession with intent to distribute, that is to possess
2
cocaine or heroin intending to distribute or to sell it.
3
communication facility.
5
assist Mr. Edwards and those working for him in drug
6
trafficking.
7
these drug sales.
9
In this case a telephone, to
It's a crime to use a telephone to assist in
And finally you will hear of a charge known as
maintaining a continuing criminal enterprise.
Andwhat
10
that charge entails is that during the period of this drug
11
trafficking activity of Lee Edwards, he had at least five
12
individuals, and
13
there were more than five individuals, but at least five
14
individuals working with him in his drug trafficking
15
organization that were associated with him and with regard
16
to whom Lee Edwards directed, he organized and
17
their activities.
18
substantial income.
19
•
Another charge that you will hear of is use of a
4
8
•
65
I
--
the evidence will show to you that
d~rected
And from that activity he made a
Putting all those elements together, the continuing
20
series of violations of the drug trafficking laws, more
21
than five people working with him who he directed, and from
22
whom he obtained a substantial income that amounts to
23
maintaining a continuing criminal enterprise.
24
heat about that charge as well.
25
There were
dift~rent
And you'll
echelons in the Edwards drug
PDF Page 39
OPENING STATEMENT - GOVERNMENT
•
1
trafficking organization, and you'll hear evidence of these
2
different levels, if you will, starting with the source of
3
the drugs to Lee Edwards himself.
4
and heroin from different sources.
6
from someone by the name of Raymond Davis, also known as
7
Moose.
9
•
You'll hear evidence that Lee Edwards obtained cocaine
5
8
•
66
He obtained these drugs
A number of these people have nicknames.
He obtained drugs from another individual by the name
of Robert Burrell; from another individual by the name of
10
Robert Matthews, and from a Nigerian who brought heroin to
11
him, white heroin which is very special, by the nickname of
12
Abi whose full name was Abiodun Agbele .
13
So you'll hear these different sources of drugs that
14
people from whom Lee Edwards got the cocaine and heroin
15
which he in "turn distributed to others.
16
And then the next echelon you'll hear of Lee Edwards'
17
most trusted associates, most trusted people who worked for
18
him and sold drugs for him.
19
the name of Flakes Kellum who would get supplies of drugs
20
from Lee Edwards prepackaged for sale, and then take them
21
to another location and from there Flakes Kellum would sell
22
them to others and then return the money to Lee £dwards.
23
Another of his most trusted people, Rosetta Pirtle, also
24
known as Ponderosa.
25
These
individual~
And those included somebody by
would sell drugs for Mr. Edwards and
PDF Page 40
OPENING STATEMENT - GOVERNMENT
•
•
•
1
67
from those drug sales they would get a share of the money.
Then you'll hear the next echelon, those who also
2
3
sold drugs but they would get drugs in quantities to
4
distribute.
5
James Barefield, and the defendant Lynetta Durr, people who
6
would pick up drugs from Lee Edwards and sell them to
7
others.
8
Pirtle, but still significant people.
9
to you that these people would get
And those people would include James Davis,
Not his most trusted as Flakes Kellum or Rosetta
And it
drug~
wil~
be clear
from Lee Edwards
10
and sell them to others.
11
defendant James Davis as well as the defendant Lynetta
12
Durr •
13
And that would include the
And the next echelon.
You'll hear of runners, people
14
who weren't getting supplies of drugs from Lee Edwards to
15
sell to others, but people rather who would perform errands
16
for him.
17
residences, they would take drug orders.
18
orders, they'd let Lee Edwards know who was calling, what
19
they were ordering and he'd prepare the drugs for them then
20
to deliver to these others.
21
and meet other people on street corners or out in the yard
22
and they'd run the drugs out to them, street corners, by
23
mail boxes, by service stations.
24
25
They would answer his telephone at his two
After taking drug
And they'd run the drugs out
And these people would include people like Willie
McIntosh aftd Brett
Gt1y~on.
And you'll hear of all these
PDF Page 41
OPENING STATEMENT - GOVERNMENT
•
1
2
And then also Lee Edwards had relatives, people who
were living in his home who would also perform the services
4
of these runners, if you will, that is, answering the
5
telephone, taking drug orders, running drugs out to people.
6
But they would also perform other miscellaneous functions
7
for him.
8
live in his home from time to time would include Willie
9
Edwards, a nephew, Phenether Buchanan', another relative of
11
And these relatives, people who would actually
his, and his wife Lorri Edwards.
Getting away from his organization in the echelon, he
12
had people who would work for him, for an moment getting
13
back to the charges that will be presented to you during
14
the course of the trial; you'll hear that on six dates in
15
particular, Lee Edwards himself sold drugs to an individual
16
named Walter Pettigrew.
17
•
people through the course of the evidence.
3
10
•
68
And sometimes during these sales -- these were
18
controlled the buys I was talking about, sometimes during
19
these sales, agents would be watching and would watch Mr.
20
Pettigrew get together with Lee Edwards.
21
occasions agents would accompany Mr. Pettigrew and actually
22
go with him.
23
Mr. Pettigrew purchased drugs from Lee Edwards.
24
25
And on other
So you'll hear of six different dates where
You'll also hear of the date October 11, 1990, which
is th,e date that law'enforcement agents executed search
PDF Page 42
OPENING STATEMENT - GOVERNMENT
•
1
warrants and these search warrants directed the law
2
enforcements agents to search two residences owned by Lee
3
Edwards, a residence at 460 Taft Place in Gary, and another
4
residence at 1522 Taft Street in Gary.
5
were seized at the residence that Lee Edwards was using at
7
that time, the residence where he was operating out of, 460
8
Taft Place.
9
was possessing drugs at that location with intent to sell
11
•
And you'll hear that as a result of this search, drugs
6
10
•
69
And from that you will see that
~ee
Edwards
them, another one of the charges we discussed.
Another charge I didn't tell you about before and
12
that's a charge of using a firearm during and in relation
13
to a drug trafficking crime.
14
search~
15
fired a gun during the course of that search.
16
we'll make out another charge that will be presented to you
17
and that's a charge of using a firearm during and in
18
relation to a drug trafficking crime.
19
there were guns in that house and actually guns used on
20
that day.
And during the course of that
the agents also found guns, and in fact Lee Edwards
And then
And you'll find that
21
You'll also hear that on various dates a
22
communication facility, in this case particularly a
23
telephone, was used to assist Lee Edwards in his drug
24
sales.
25
hou,ses, placing their orders Over the telephone just as
And you'll hear of drug customers calling into his
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OPENING STATEMENT - GOVERNMENT
•
1
you'd order sandwiches from a sandwich shop, and these
2
runners or people working for Lee taking the telephone
3
orders for drugs and then delivering the drugs to these
4
people.
You'll hear of several violations of that statute,
5
6
using the telephone to assist in drug sales on various
7
dates.
8
9
10
•
continuing criminal enterprise.
Those are the charges and the evidence that you'll
hear with regards to Lee Edwards.
12
charges directed at the defendant James Davis .
Before
I
You will also hear about
leave Edwards, leave Lee Edwards for a
14
second, toere's one last charge
15
that's a charge of a conspiracy.
16
or more people to conspire together to violate federal drug
17
trafficking laws.
18
•
And overall you'll hear the testimony about the
11
13
70
I
have to discuss and
And it's a crime for two
And there are three charges of conspiracy against Lee
19
Edwards: one charge that he conspired with a number of
20
different people, including James Davis and Lynetta Durr,
21
and all these other people that were working in his home --
22
houses, and running these drugs for him; the names that I
23
mentioned to you earlier, Flakes Kellum, Willie McIntosh,
24
Brett Guyton.
25
conspiracy with these 'people, that they c0nspired and
There is a charge that he maintained a
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°71
OPENING STATEMENT - GOVERNMENT
•
"
1
2
There are two other conspires that are charged: one
that he conspired with Robert Burrell, one of his sources
4
of supply, to assist in drug sales.
5
Lee Edwards' meeting with Mr. Burrell to obtain Lee's
6
supplies of drugs.
And you'll hear about
And another conspiracy charge, that with Robert
8
Matthews, similar to the one with Robert Burrell.
9
that he would meet with Robert Matthews to be supplied of
That is,
10
in this case cocaine.
11
meeting with Mr. Matthews to be supplied with cocaine.
12
And you'll hear about Mr. Edwards'
So in addition to the distribution of drugs on these
13
six dates, possession with intent to distribute on the date
14
of that search, the use of a handgun on the date of that
15
search, the use of a telephone on these various dates,
16
you'll also hear of these three conspiracies.
17
said previously, overall this is the continuing criminal
18
enterprise charge.
19
•
agreed together to assist each other in drug sales.
3
7
•
.
Turning our attention to James Davis.
And as
I
James Davis
20
has been known by different names, and as I said to you
21
earlier, many of the people you'll hear of in the course of
22
this case were known by nicknames.
23
known primarily by the name Little James.
24
him only as Little James.
25
James Davis, James Jefferies.
And James Davis was
Many people knew
But he also goes by the name
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OPENING STATEMENT - GOVERNMENT
•
·1
And James Davis is charged with conspiring with Lee
2
Edwards in that large conspiracy I talked to you about
3
earlier in assisting Lee Edwards in his drug sales, and
4
he's also charged on various dates with using the
5
to assist in drug sales.
And Lynetta Durr.
6
•
•
telephon~
She's charged in that same large
7
conspiracy that
I
told you about with assisting Lee Edwards
8
in drug sales.
And she's also charged on one date in
9
particular with using the telephone in assisting with drug
10
sales.
11
telephone on other days to assist in drug sales.
I
think you'll also hear evidence that she used the
Some things for you to look for during the course of
12
13
the presentation of the evidence, ladies and gentlemen, one
14
of them I've already mentioned and that's the use of
15
nicknames.
16
Pirtle who was once a lieutenant or a close trusted person
17
who worked with Lee Edwards known by the name of Ponderosa.
18
Robert Burrell who was charged with Lee Edwards in the one
19
conspiracy, he's one of the people who furnished drugs,
20
supplied drugs to Lee Edwards is also known as Cuz.
21
fellow named Brett Guyton and you'll hear about him being
22
one
23
may hear of other nicknames that other people are known by
24
during the course of the trial.
25
~f
James Davis known as Little James, Rosetta
Lee Edwards' runners, also known as Foots.
And a
And you
Lee Edwards himself is often referred to as Lee
PDF Page 46
OPENING STATEMENT - GOVERNMENT
..
•
1
Andrews, his middle name being Andrew, Lee Andrew Edwards,
2
but many people refer to him as Lee Andrews and that's how
3
they knew him.
4
•
You'll also hear that Lee Edwards moved from place to
5
place and he had in October of 1990, at least, he had two
6
residences in particular that he operated out of; one at
7
1522 Taft Street, the other at 460 Taft Place.
8
would do is he would stay in one residence for a month or
9
so until he felt there was too much activity, too much
10
traffic around that residence, maybe that somebody was
11
watching the residence, and then he'd move from that
12
residence to the other one.
13
so, then he'd move back again.
14
forth between these two houses.
And what he
He'd stay there for a month or
So he bounced back and
15
You'll also hear that during the course these years
16
leading up to October of 1990, starting from before 1986,
17
he also moved from place to place and he had a number of
18
different residences and houses that he dealt drugs out of
19
or that he had workers deal drugs out of for him.
20
21
22
•
73
But come October of 1990, principally he went back and
forth between these two residences that I told you about.
Another thing to look for is that Lee Edwards often
23
would have others do work for him.
24
do things himself,
25
for him, often have others run the drugs for him.
bu~
Occasionally he would
often have others answer the phones
And he
PDF Page 47
•
OPENING STATEMENT - GOVERNMENT
".
74
1
principally would maintain control of the drugs and the
2
money, package the drugs in individual packets and turn
3
them over to his most trusted people like Flakes Kellum or
4
some of the other sellers like James Davis, to sell for
5
him, to sell some himself, then he'd have others answer the
6
phone and run these drugs out to drug customers for him.
7
You'll also hear that there would be a multitude of
8
incoming calls to Lee Edwards' residence where drug
9
customers would be ordering drugs, and you'll also hear an
10
occasional outgoing call.
11
Lee were -- would be from Lee Edwards to one his sources of
12
supply when he would reach out and get ahold of somebody
13
else to resupply himself.
14
be from him to Robert Matthews, for example, or from him to
15
Raymond Davis, his other source of supply.
16
those two outgoing calls, you'll hear the multitude of
17
incoming calls from drug customers.
18
Usually the outgoing calls from
And the few outgoing calls would
Other than
You'll hear that the customers and the people working
19
for Mr. Edwards often would speak in code, using girl to
20
describe cocaine, for example, boy to describe heroin.
21
They would refer to different types of drugs like white for
22
white heroin.
23
drugs, like 20 for a quantity of drug or dime or half a T
24
or half a dip
25
And they'll refer to different quantities of
would.~lso
refer to quantities of drug$ •
And finally you'll hear about the income that Lee
PDF Page 48
OPENING STATEMENT - GOVERNMENT
•
1
Edwards made from his drug trafficking activity.
2
hear about houses and properties that he owned; not just
3
these two houses I've talked about, but also others.
4
a car that he paid cash for, a liquor store he paid cash
5
for, about cash that he had in his home, about how he had
6
cash in the home regularly.
7
•
You'll
About
You'll hear, ladies and gentlemen, from agents who
8
participated in the search of his residence on October 11,
9
1990, agents who maintained surveillance when these
10
purchases took place from Mr. Edwards.
11
former associates and relatives of Mr. Edwards, some of
12
whom are not too eager to testify, but I think you'll hear
13
from them anyway; they'll come in and tell you about their
14
activities on his behalf.
15
You'll hear from
And ladies and gentlemen, the evidence today, I
16
intend to start with the end.
17
demise of the Lee Edwards drug trafficking organization on
18
October 11, 1990.
19
•
75
That is, to start with the
The first evidence that yOU'll hear will be the
20
evidence of that search that I talked about where his
21
residence at 460 Taft Place was searched.
22
about what happened that day, about the drugs that were
23
" seized, about the guns that were found.
You'll hear
And then from that
24
point we'll work backward through the history of the
25
Edwards drug traffi'c"king organization.
And you'll hear
PDF Page 49
OPENING STATEMENT - DEFENDANT DAVIS
•
"
about the drug trafficking organization as it operated and
2
how it worked.
4
5
Thank you for your attention during the course of the
trial, ladies and gentlemen.
THE COURT:
Counsel for defendant Davis may proceed
6
with opening statement.
7
MR. TRUITT:
Thank you, Your Honor.
May it please
8
the Court, Mr. Bella, fellow counsel for the defense,
9
ladies and gentlemen of the jury.
Once" again my name is
10
Bob Truitt, I'm an attorney in Valparaiso and it's my
11
privilege and responsibility to represent James Davis
12
throughout this trial.
13
You have been selected as a jury, and by your taking
14
that oath
15
that goes back to the early 1200's in England.
16
to a trial by a jury is the only right that is mentioned in
17
two separate places in our constitution.
18
important the framers felt that right was and that
19
importance survives today.
20
•
.
1
3
•
·76
~nd
by you becoming a jury, you share a tradition
The right
That's how
By your service you will be performing one of the
21
most important functions that we have, and that is judging
22
the guilt or non-guilt of a fellow citizen accused.
23
James' position is that the accusations that have been
24
made, that the charges that have been leveled against him
25
are simply not true1 that he was not in the business of nor
-.
PDF Page 50
OPENING STATEMENT - DEFENDANT DAVIS
•
1
2
engaged in distributing controlled substances or drugs.
Every case sounds very good when it's summarized by
3
the United States Attorney, but you must remember that this
4
case depends on evidence that comes from the witness stand;
5
the words, the expressions, the posture, the hesitancy, the
6
look in the eyes of live human beings who will come before
7
you and present testimony and be cross examined by not only
8
myself, but the other lawyers in the case.
9
I
would be remiss if I did not remind you, even
10
though the Court has done so very eloquently and will do so
11
again, of some of the hallmarks of our system of justice,
12
some of our most precious rights.
13
sits here today, he is presumed to be and must be presumed
14
by you to be innocent.
15
innocence will stay with him throughout the entire course
16
of the trial until you go back after hearing the
17
instructions of the Court and the arguments of the lawyers
18
and begin your deliberations, and that presumption will
19
only disappear when you have been convinced after
20
considering all the evidence that has been presented of
21
James' guilt beyond a reasonable doubt.
22
•
77
Those are that as James
That that presumption, that that
James has no responsibility in this trial.
Our
23
system says that it is the Government who accuses and the
24
Government who
25
not place any responsibility on James to prove anything or
charge~
an individual, but our system does
PDF Page 51
"
•
OPENING STATEMENT - DEFENDANT DAVIS
.
1
disprove anything.
2
Bella and his witnesses and his exhibits to convince you of
3
James' guilt beyond a reasonable doubt.
5
Under the rules the Government goes first; they present all
6
of their witnesses, all of their exhibits and all of their
7
evidence.
8
examine each of their witnesses.
9
And we as the defense have the right to cross
But you're going to hear their side of the story
10
before you hear anything else.
11
direct examination, the answers to Mr. Bella's questions,
12
but the cross examination.
13
that is presented, but the lack of evidence, where should
14
there be eviaence where there wasn't evidence.
15
only to the quantity of the evidence, but the quality of
16
the evidence.
17
to their words, but what's behind their words.
18
•
It is the sole responsibility of Mr.
Before I sit down, I beg you to keep an open mind.
4
•
78
Listen not only to the
Look not only to the evidence
Scrutinize the witnesses.
Look not
Listen not only
And I'm convinced that after you hear all the evidence
19
and after you begin your deliberations -- and
20
asking you at the conclusion of this case to return a
21
verdict of not guilty on all of the charges against James
22
Davis.
23
24
25
I
will be
Thank you.
THE COURT:
Counsel for defendant Durr may proceed
with opening statement .
PDF Page 52
OPENING STATEMENT - DEFENDANT DURR
•
1
MR. McGRATH:
2
Ladies and
gentlemen, my name is John McGrath.
4
Lynetta Durr.
5
Lynetta is a young woman with some grave weaknesses.
6
very cruel.
I'm here on behalf of
The evidence is going to show you that
Some
One of which is the use and use and use and use of
8
drugs.
9
Lee Edwards.
Another of which is an attachment and the love for
You'll find, the evidence will show that he
10
had two children with Lee: Lee Ann who's seven, and Shante
11
who's four.
12
intimate.
13
multitude of activity by the Government, there standing
14
nearby was Lynetta Durr.
15
echelon or conspiracy or anything else, but because of two
16
weaknesses.
And that for years they have been together and
And these two weaknesses combine.
And in this
Not because she's part of any
Now, Mr. Bella said there are a multiple of calls.
17
•
Thank you, Your Honor.
3
7
•
19
I
18
mean that isn't a big enough word; there are boxes and
19
boxes of calls during this surveillance.
20
them all because it would take forever, but you'll hear
21
many of them.
22
Durr.
23
somebody in an echelon, but the contact of a person feeding
24
her weaknesses; one for drugs and the other for Lee
25
Edwards.
You won't hear
And some you'll hear the voice of Lynetta
But just a very few.
Not the conversations of
PDF Page 53
OPENING STATEMENT - DEFENDANT EDWARDS
•
'.
Let's begin Mr. Bella tells us with the end, October
1
And on October 11 you'll hear several conversations
2
11.
3
with Lynetta Durr.
4
you and frame the feeling she has for Lee Edwards.
5
this thing unfolds and things can get lost when you throw
6
multitudes of things to people, sharp lines can become
7
dull, and you can forget things.
8
all those wi tnesses can you remembe r now, those 50 '.
9
witnesses?
And they'll begin and tell you and show
So when
How many of the names of
I mean, what in this very narrow part that
10
Lynetta Durr played, remember that I told you what was
11
behind it.
12
and look to the evidence and see if that's what's behind it
13
or are those echelons that Mr. Bella said.
14
much.
15
16
17
Those weaknesses.
THE COURT:
And look to what she does
Thank you very
Counsel for the defendant Edwards may
proceed with opening statement.
MR. JACKSON:
Thank you, Your Honor.
Ladies and
of the jury, we spoke earlier today as you were
18
gen~lemen
19
out there in the audience before you were picked as jurors,
20
my name is Attorney Ben Jackson and I represent Mr. Lee
21
Andrew Edwards.
22
•
8'0
Lee, can you stand up.
Ladies and gentlemen of the jury, this is Lee Andrew
You're going to hear reference to him as being
23
Edwards.
24
the defendant, the bad guy, Edwards, or my client.
25
more than that; he's a
~an,
he's a family man.
The
He's
PDF Page 54
OPENING STATEMENT - DEFENDANT EDWARDS
•
ev~dence'
2
veteran, honorably discharged.
3
man.
So he's more than a defendant.
If you are listening to the evidence presented in
t~is
case by the Government, remember that he's a man, and he's
6
also a member of our community.
7
community, he's enshrined with certain constitutional
8
guarantees and benefits that we all enjoy.
9
Truitt very eloquently stated, a large part of that is the
And as a member of our
And as Attorney
presumption of innocence.
11
It's not my obligation, nor is it my co-counsels'
nor is it the Court's obligation to establish
12
~bligation,
13
that he committed any of the crimes which the Government
14
has mentioned.
15
these
16
testimony which the Government hopes to establish that Mr.
17
Edwards committed a crime.
18
have been taken out of your mind, he's presumed innocent.
19
And if you have a reasonable doubt after hearing all
20
21
•
Sit down.
He's a legitimate business
5
10
•
will show that he has a family, he's a Viet Nam
1
4
81
It's the Government's.
proce~dings,
And throughout
you're going to hear evidence and
But until all reasonable doubts
the Government's evidence, you have to find him not guilty.
Mr. Bella's opening
state~ent
as again Attorney Truitt
22
mentioned, is very eloquent, very neatly put together, very
23
concise.
24
concise; it's very complex, very detailed.
25
But this whole thing is not very neat and very
The volumes of information, documents that we've been
PDF Page 55
82
OPENING STATEMENT - DEFENDANT EDWARDS
•
"
1
pouring over in preparation for this trial, huge.
2
threw my back out taking the stuff up here.
3
neat at Mr. Bella would have you believe.
4
here describing for you in the neat little summation about
It's not as
And when he's up
what happened, that's not the evidence.
6
statement.
7
reaching your verdict is going to come from the stand over
8
there.
9
the law in this case or applying the law "to the facts as
11
•
Almost
"5
10
•
.
Nor is my
The evidence which you must consider in
And you as the sole -- are aware of the fadts and
they're perceived.
You also -- you also are in the unique position of
12
judging the credibility of witness which are going to be
13
presented for you.
14
and they
15
know, a series of questions.
16
everything I want to know?
17
the information that
18
decision?
19 '
through his testimony?
tes~ify,
When these individuals take the stand
I'd like for you to ask yourself, you
Is this person telling me
Has the Government given me all
really need to make an intelligent
I
And does that witness have something to gain
20
And what I'm going to try to elicit from these
21
various witnesses on my cross examination are some of the
22
reasons why they're testifying.
23
scrutinizing the evidence and the arguments, that most of
24
these witnesses do have something to gain which I'll
25
to you affects their credibility.
-,
And you'll find after
argu~
PDF Page 56
OPENING STATEMENT - DEFENDANT EDWARDS
..
•
1
•
nicknames are indicative of criminal activity.
3
think nicknames have anything to --
4
indicative of criminal activity.
5
Moving from place to place.
I
I
I
don't
don't think that's
mean, how many of you
6
have moved recently or know somebody that has?
7
mean they're involved in criminal activity?
8
things are not charged, they're not crimes.
No.
Does that
These
Listen carefully to what the Judge is going to tell
10
you the law is.
11
which has been presented to you, and only then make a
12
decision .
13
Listen carefully to the credible evidence
The Government also mentioned things about these
14
individuals that are running for Lee, they're answering the
15
phone for him or making sandwich-type drugs orders.
16
Again you're the weighers of the evidence.
17
the ones that have to establish whether the witness is
18
credible, whether you believe the witness, and whether the
19
Government's giving you all the information you need to
20
reach an intelligent verdict.
21
•
The Government would also have you believe that
2
9
83
And again,
I
You're
would argue that once all of this
22
evidence has been presented and the testimony elicited,
23
that if you have a reasonable doubt as to any of the
24
elements of the
25
can't find my client guilty.
crime~
as the Judge will advise you, you
He's not just a defendant,
PDF Page 57
OPENING STATEMENT - DEFENDANT EDWARDS
•
1
he's not just Edwards, and he's certainly not just my
2
client.
3
business man, he's a viet Nam veteran.
4
•
•
He's a man, he's a family man.
84
He's a legitimate
So when you're thinking about these various issues and
5
the evidence that's being presented, remember, he's just
6
not a number, he's a man.
7
constitutional rights.
8
very, very unique situation here insofar as everything
9
that's presented, no matter how long or 'in depth I talk or
And as such, he does enjoy those
And you as the jurors are in a
10
Mr. Bella talks or witnesses talk, it's all up to you as
11
the jurors.
12
And once this matter is over, once all the smoke is
13
cleared from the evidence and the testimony and the
14
exhibits, YQu're going to find reasonable doubt.
15
Reasonable doubt such as substantial income or benefits.
16
Think in your mind what's -- what would the substantial
17
income or benefit be.
18
will they produce evidence to show that Mr. Edwards had a
19
substantial gain or substantial profits from this criminal
20
enterprise.
21
that there is no or there were no substantial benefits or
22
gain, you can't find him guilty of this continuing criminal
23
enterprise.
24
25
The Government does not have nor
It's not going to be there.
And if you find
with respect to cash, large amounts of cash being
found.
How many of you· have cash on your person, how many
PDF Page 58
OPENING STATEMENT - DEFENDANT EDWARDS
•
1
of you have cash at home?
2
cash, does that mean you're involved in drug activity?
3
Because you carry a pager or use a pager, does that mean
4
you're involved in criminal activity?
5
Otherwise the Marshals are going to have to take me out of
6
court.
If you have a large amount of
I hope not.
7
So ladies and gentlemen of the jury, I implore you
8
that once the evidence has been presented, and once the
9
testimony has been elicited and once you've listened to the
10
cross examination, keep in mind these various items, keep
11
in mind the reasonable doubt, keep in mind the credibility
12
of the witnesses, keep in mind the constitutional
13
protections that my client and as a matter of fact all
14
three of these individuals enjoy.
15
best judgment when reaching a verdict.
And please, use your
Thank you.
16
THE COURT:
Mr. Bella, how long is your first witness?
17
MR. BELLA:
Not long, Your Honor.
18
THE COURT:
Government may proceed with its case in
19
•
85
chief.
Call your first witness.
20
MR. BELLA:
First witness is Robert Pertuso.
21
THE COURT:
Please be seated, pull your chair up,
22
speak directly into the microphone loud enough so that
23
everybody in the courtroom may hear.
24
You may proceed, counsel.
25
MR. BELLA:
Thank you, Your Honor.
PDF Page 59
R. PERTUSO - DIRECT
•
1
ROBERT PERTUSO
called as a witness by the Government, being first duly
sworn to testify the truth, the whole truth and nothing but
the truth, was examined and testified as follows:
2
3
DIRECT EXAMINATION
BY
MR. BELLA:
4
5
6
Q
Would you state your name, please?
7
A
Robert Pertuso.
8
Q
And would you spell your last name for the court reporter,
please?
9
•
10
A
P-E-R-T-U-S-O.
11
Q
What is your occupation, sir?
12
A
A special agent with the FBI.
13
Q
Special Agent Pertuso, call your attention to October 11 of
14
1990; were you employed as a special agent with the FBI on
15
that date?
16
A
Yes.
17
Q
And can you tell us, did you have occasion to serve a
18
search warrant on that date?
19
A
Yes, I did.
20
Q
And can you tell us what address that was that you served
that warrant at?
21
•
86
22
A
That was at 460 Taft, Gary, Indiana.
23
Q
Arid this was pursuant to a Court-ordered search warrant, is
that right?
24
25
A
Yes.
PDF Page 60
R. PERTUSO - DIRECT
•
1
Q
2
3
A
Yes.
4
Q
Please do so?
5
A
At approximately 10 a.m. that morning, I was a member of a
6
group of approximately twelve law enforcement officers,
7
several FBI agents, several DEA special agents, three
8
Indianapolis Police Department narcotic
9
three uniformed Indiana state Troopers .. We arrived at Mr.
detective~
and
Edwards' residence at approximately 10 a.m.
MR. JACKSON:
11
Your Honor, I'm going to object.
That
12
statement assumes facts not in evidence, there is no proper
13
foundation laid.
14
THE COURT:
15
THE WITNESS:
16
A
Objection overruled.
We arrived at the residence about ten o'clock.
The lights
17
on the majority of the vehicles were activated, including
18
the Indiana State Police marked vehicles.
19
agents and the detectives went to the back door and a group
20
of us went to the front floor.
21
went to the front door.
22
presence: police, federal agents, open up, we have a search
23
•
Can you tell us what procedure you went through to effect
the service of this search warrant on that date?
10
•
87
I was amongst those that
We knocked and announced our
'w·arrant.
MR. BELLA:
24
25
We -- several
Q
Can you tell us
how'yo~
were dressed that day and your
PDF Page 61
R. PERTUSO - DIRECT
•
'fellow agents were dressed?
1
2
A
We were -- we all had raid jackets on.
•
with respect to the
3
FBI agents, they are blue plastic jackets with large
4
letters on them that say FBI.
The DEA agents have their own jackets that say
5
•
88
6
federal agents or DEA, I don't recall.
And of course, the
7
police detectives had jackets that said police on them.
8
And of course, we had the -- the Indiana state
9
were in uniform, they didn't have any special jackets on.
Tr~opers
10
Q
So the officers were not in plain clothes that day?
11
A
Correct.
12
Q
And the cars that you used, were there marked cars being
used?
13
14
A
Yes.
There were marked Indiana State Police cars and there
15
were unmarked FBI vehicles and Indianapolis Police
16
Department vehicles as well as DEA vehicles that weren't
17
marked.
18
-- on the dashboard going at the time that we arrived.
19
Some of us including myself drove up on the front lawn of
20
the residence in our cars with the lights going.
And some of those vehicles had their lights in the
21
Q
The lights activated on the cars that you used?
22
A
Yes.
23
Q
Very well.
Please continue.
You knocked on the front door
24
and announced the reason for your being there; what
25
happened then?
PDF Page 62
R. PERTUSO - DIRECT
•
1
At that point we decided
to make a forceable entry.
3
had a wooden door and in front of that was a storm door.
4
It was a security door that had steel bars running
5
vertically.
6
got that open, we knocked and announced again our presence.
7
We didn't receive a response.
8
the door.
The front door of the residence
We had -- we pried that door open and after we
At that time we broke open
Once we opened up the door, an agent and a detective
10
went in first, I believe it was Agent Mark Becker and an
11
Indianapolis Police Department Detective Tom Trathen went
12
into the house and went into the dinning room •
13
Myself and Agent Vince Balbo from the Drug Enforcement
14
Administration, we went to the bedroom door and covered the
15
door from side to side.
16
and I came in right behind him, a second after him, and we
17
positioned ourselves at Mr. Edwards' bedroom door.
18
•
We didn't receive any response.
2
9
•
A
. 89
MR. JACKSON:
Agent Balbo arrived there first
Your Honor, once again I'm going to
19
object.
A foundation has not been established whether this
20
is in Mr. Edwards' presence or not.
21
response of the witness and also continue the objection.
22
There's been no foundation, Your Honor.
I move to strike the
23
THE COURT:
Response.
24
MR. BELLA:
I'll ask him the question, Your Honor •
25
THE COURT:
Parden?
PDF Page 63
90
R. PERTUSO - DIRECT
MR. BELLA:
1
I'll
2
I'll
ask a n o th e r q u e s tio n . Your H onor,
c le a r t h a t up.
3
Q
Whose re s id e n c e was th is ?
4
A
Lee Andrew Edwards.
5
Q
And th e se arch w a r r a n t d ir e c t e d you to s e a rc h t h a t
re s id e n c e ?
6
7
A
Yes.
8
Q
Okay.
P le a s e c o n tin u e .
You and S p e c ia l A gent B albo I
th in k you t e s t i f i e d were a t th e bedroom door in t h i s
9
re s id e n c e ?
10
11
A
Y es.
12
Q
What happened then?
13
A
As we were c o v e rin g th e door w it h our weapons draw n, th e r e
14
were th r e e sh o ts f i r e d
15
th e t h i r d
16
fir e d .
17
t h a t we had a se arch w a r r a n t .
18
th ro u g h th e bedroom d o o r.
And a f t e r
s h o t, we r e a li z e d t h a t th e r e had been sh o ts
A t t h a t p o in t we in s t r u c t e d M r. Edwards a g a in to —
MR. JACKSON:
Your H onor, once a g a in I w ould o b je c t .
19
The fo u n d a tio n re q u ire m e n ts have n o t been met as to who M r.
20
Edwards i s ,
w ho's he r e f e r r i n g
21
THE COURT;
22
MR. JACKSON:
23
24
25
to .
R epeat t h a t a g a in ,
Your H onor,
I'll
c o u n s e l.
o b je c t on th e grounds
o f fo u n d a tio n .
MR. BELLA;
r e s id e n c e .
H e'S t e s t i f i e d
th is
is M r. Edw ards'
PDF Page 64
91
R. PERTUSO - DIRECT
1
THE COURT:
2
O v e rr u le d ,
c o u n s e l, you can c ro s s -e x a m in e
on t h a t .
3
MR. BELLA:
4
Q
You s a id t h a t you shouted to M r. Edwards?
5
A
T h a t 's c o r r e c t .
6
Q
P le a s e c o n tin u e .
7
A
W e ll,
What d id you s a y , what d id you do?
Lee opened th e door a t t h a t p o in t w it h in a second o r
8
tw o .
9
c ra w le d o u t o f th e bedroom door and we h a n d c u ffe d him ,
10
11
th e bedroom door came open and M r. Edwards
p la c e d him under a r r e s t f o r a s s a u ltin g a f e d e r a l o f f i c e r .
Q
12
When you say M r. Edwards c ra w le d o u t o f th e d o o r, do you
see t h a t in d iv id u a l in th e co urtroom today?
13
A
14
Q
15
16
The d o o r,
I do.
Can you p o in t o u t where he i s and d e s c r ib e b r i e f l y w hat
h e 's w ea rin g ?
A
17
The g entlem an w e a rin g th e b lu e s p o rts ja c k e t and b lu e t i e
and w h ite s h i r t .
18
Q
And where is he lo c a te d in th e courtroom ?
19
A
To th e r i g h t o f h is —
20
21
I b e lie v e
it 's
th e a t t o r n e y w h o's
m aking th e o b je c t io n s .
MR. BELLA:
Your H onor, w i l l th e re c o rd r e f l e c t t h a t
22
th e w itn e s s has i d e n t i f i e d
23
Edwards.
24
THE COURT;
25
MR. JACKSON:
th e d e fe n d a n t Lee Andrew
Anyo b je c tio n ?
No, Your H onor.
PDF Page 65
92
R. PERTUSO - DIRECT
THE COURT;
2
So in d ic a t e d .
MR. BELLA:
3
When th e door opened and M r. Edwards was th e r e and you
4
p la c e d him under a r r e s t ,
5
observe any weapons a t t h a t tim e?
6
I
7
Edwards and I w ent in t o
8
L o r r i Edwards, was p re s e n t in th e bedroom.
We to o k h e r o u t
9
o f th e bedroom and p la c e d h e r in th e l i v i n g
room a re a w it h
10
d id .
d id you see — have o c c a s io n to
A f t e r he was h a n d c u ffe d , one a g e n t s ta y e d w it h
th e bedroom, and M r. Edw ards' w i f e ,
h e r husband.
A t t h a t tim e I observed a .3 5 7 C o lt r e v o lv e r on th e
11
12
f l o o r n e x t to th e door amongst th e wood c h ip s and p l a s t e r
13
fra g m e n ts t h a t were th e r e as a r e s u l t o f th e s h o ts b e in g
14
fir e d
th ro u g h th e w a ll and th e d o o r.
15
Q
D id any o f th e la w en fo rce m e n t ag en ts f i r e
16
A
No.
17
Q
You say you found th e
sh o ts t h a t day?
.3 5 7 Magnum by th e d o o r; a t w hich
18
door a re you r e f e r r i n g
19
The bedroom d o o r.
20
o f a c lo s e t door on th e f l o o r .
21
And where in r e l a t i o n
22
Edwards when th e door opened?
23
W e ll, he c ra w le d o u t o f th e door r i g h t by th e gun, p a s t th e
24
gun
25
MR. BELLA:
It
If
to?
was j u s t to th e r i g h t o f i t
in
fro n t
to t h a t door and t h a t gun was Lee
I may approach th e w itn e s s . Your Honor?
PDF Page 66
R. PERTUSO - DIRECT
i-
THE COURT:
2
MR. BELLA:
You may.
3
I'll
4
marked f o r i d e n t i f i c a t i o n
5
ask i f
6
T h is p h oto grap h d e p ic ts Lee Edwards' —
7
g o in g to hand yo u . S p e c ia l A gent P e rtu s o , w h a t's been
as G overnm ent's E x h i b it 30 and
you can i d e n t i f y t h a t ,
MR. JACKSON:
I'll
p le a s e ?
o b je c t to what i t
8
i d e n t i f y g e n e r a lly what th e e x h i b i t i s ,
9
i d e n t i f y th e c o n te n ts u n t i l i t ' s
10
1
1
MR. BELLA:
o f.
He can
b u t he c a n 't
i s a p h o to g rap h
Your Honor.
THE COURT:
13
THE WITNESS:
O v e rr u le d .
14
It 's
15
s tre e t.
16
Is
17
lo o k e d l i k e
18
Y es.
19
l i g h t on to p and a ls o —
a ph o to g rap h o f Lee Edwards' 460 T a f t a d d re s s ,
t h a t an a c c u ra te
20
on th e day in q u e s tio n ?
T h e r e 's an FBI v e h ic le
THE COURT:
in f r o n t o f i t
w it h a red
M r. W itn e s s , th e r e is no q u e s tio n b e fo r e
you r i g h t now.
22
r e f l e c t what was photographed?
23
th e
r e p r e s e n t a tio n o f what t h a t ad d ress
21
25
d e p ic t s .
a d m itte d in t o e v id e n c e .
J u s t i d e n t i f i e d w hat i t
12
24
93
The o n ly q u e s tio n was, does i t
THE WITNESS:
Yes.
MR. BELLA;
If
I may ap p ro ac h . Your Honor?
a d e q u a te ly
PDF Page 67
94
R. PERTUSO “ DIRECT
1
THE COURT;
2
MR. BELLA:
3
Q
4
5
6
7
G o vernm en t's E x h ib it 48 f o r i d e n t i f i c a t i o n ;
w hat t h a t i s ,
A
You may.
T h a t is
th e
can you t e l l us
s ir ?
.3 5 7 C o lt r e v o lv e r t h a t was p r e s e n t a t th e tim e
o f M r. Edw ards' a r r e s t in h is bedroom.
Q
8
Is
t h a t an a c c u ra te d e p ic tio n or r e p r e s e n t a tio n o f where
t h a t r e v o lv e r was lo c a te d at?
9
A
Y es.
10
Q
G o vern m en t's E x h i b it 41 f o r i d e n t i f i c a t i o n ; w ould you t e l l
11
us w hat t h a t i s ,
12
A
That is
13
Q
A g a in ,
14
A
Yes.
15
Q
And f i n a l l y .
16
s ir ?
a ls o a ph o to g rap h o f th e
is
.3 5 7 C o lt r e v o lv e r .
t h a t an a c c u ra te r e p r e s e n t a tio n o f t h a t scene?
G o vernm en t's E x h ib it 42 f o r i d e n t i f i c a t i o n ;
can you t e l l us w hat t h a t is ?
Il
A
T h a t i s M r. Edw ards' bedroom.
18
Q
And does t h a t a ls o i l l u s t r a t e
19
th e doorway and th e lo c a t i o n
where th e r e v o lv e r was found?
20
A
Y es,
it
21
Q
And i s
22
A
Y es,
23
Q
Thank yo u , s i r .
it
d o es.
t h a t an a c c u ra te r e p r e s e n t a tio n o f t h a t scene?
is .
24
Your H onor, a g a in i f
25
THE COURT;
You
may.
I may approach?
PDF Page 68
R. PERTUSO - DIRECT
1
2
MR. BELLA:
Q
S p e c ia l A gent P e rtu s o ,
show you w h a t's been marked f o r
3
purposes o f i d e n t i f i c a t i o n
4
ask i f
5
A
6
7
you
Y es, t h i s
can i d e n t i f y
is
th e
Q
t h a t , p le a s e ?
.3 5 7 C o lt r e v o lv e r t h a t was s e iz e d a t th e
Thank yo u , s i r .
Your H onor,
30,
41,
42
I move to a d m it G o vernm en t's E x h ib it s
35,
and 4 8 .
10
THE COURT:
11
MR. TRUITT:
12
as G o vernm ent's E x h ib it 3 5 , and
tim e o f M r. Edwards' a r r e s t .
8
9
95
Any o b je c tio n s ?
No o b je c tio n from d e fe n d a n t D a v is , Your
H onor.
13
MR. McGRATH:
None from d e fe n d a n t D u r r .
14
MR. JACKSON:
None, Your H onor.
15
THE COURT:
16
They a re a l l a d m itte d .
(Governm ent E x h ib it Numbers 3 0 , 3 5 , 4 1 ,
and 48 were a d m itte d in t o e v id e n c e .)
42
17
18
the
COURT:
19
20
C o u n se l, approach f o r a second.
(Bench d is c u s s io n on th e r e c o r d .)
THE COURT:
C o u n se l, my u s u a l p r a c t ic e
i s a t th e
21
c o n c lu s io n o f th e t r i a l
I have a l l o f th e e x h ib it s go up to
22
th e ju ry ro o m .
23
them i s weapons, am m unition and d ru g s .
24
can p u b lis h th o se to th e ju r y d u rin g th e t r i a l .
25
n o t a llo w th o se to go up to th e ju r y f o r ob vio u s re a s o n s .
I have c e r t a in e x c e p tio n s to t h a t .
If
One o f
you w ant t o ,
you
B ut I w i l l
PDF Page 69
R.
1
so I
2
s u r p r is e d by t h a t .
3
go up a f te r w a r d s .
96
A l l photographs o f th o se th in g s can a l l
(End o f d is c u s s io n a t th e b e n c h .)
5
MR. BELLA:
Q
The e x h i b i t s .
S p e c ia l A gent P e rtu s o , d id you have o c c a s io n to exam ine
7
t h i s weapon to d e te rm in e i t s
8
been f i r e d
9
DIRECT
j u s t wanted to l e t you know so I d o n 't want you to be
4
6
PERTUSO -
A
No, i t
—
o r n o t; was i t
I d id n 't .
c o n d itio n as to w h e th e r i t had
examined a t t h a t scene?
I t was tu rn e d o v e r a t t h a t tim e to an
10
In d ia n a S ta te P o lic e e v id e n c e t e c h n ic ia n who to o k c u s to d y
11
o f i t and
exam ined i t .
12
Q
And th e y to o k cu sto d y o f i t
13
A
Y es.
14
Q
Now, when
from th e re ?
you s a id t h a t th e l i g h t s were on,
ru n n in g on th e
15
c a rs ,
were th e y j u s t r e g u la r a u to m o b ile l i g h t s o r
16
k in d s
o f l i g h t s were these?
17
They w ere red b a l l l i g h t s
on th e unmarked v e h ic le s ,
18
p o r t a b le l i g h t s
can a t t a c h to
19
v e h ic le .
20
A
w hat
Q
w hich you
th e r o o f
o f th e
And as you e n te r e d th e re s id e n c e , were you and th e o th e r
21
a g e n ts announcing a n y th in g as you went th ro u g h th e
22
re s id e n c e ?
23
A
Y es.
M y s e lf ,
I announced,
" F B I, we have a s e a rc h
w a r r a n t ."
24
DEA a g e n t V in c e B albo announced, "DEA, we have a s e a rc h
25
w a r r a n t ."
Ando th e rs
a ls o announced, " p o l i c e , " th e y had a
PDF Page 70
R. PERTUSO - CROSS DURR
97
1
se arch w a r r a n t .
2
What i s
3
v is u a l ite m s ,
4
as you go th ro u g h th e re s id e n c e ?
5
It 's
6
th e s a f e t y o f th e p e o p le t h a t a re p re s e n t a t th e s e a rc h
7
lo c a t i o n .
8
th e purpose o f announcing and u s in g a l l
th e l i g h t s
on th e c a rs and lo u d ly announcing
f o r th e s a f e t y o f th e law en fo rce m e n t o f f i c e r s
MR. BELLA:
9
th e s e
P e r tu s o ,
and f o r
Thank you v e ry much. S p e c ia l A gent
I have n o th in g f u r t h e r .
10
THE COURT:
11
MR. TRUITT:
12
THE COURT:
13
Cross D a v is .
No q u e s tio n s . Your H onor.
Cross D u r r.
CROSS EXAMINATION
BY
MR. MCGRATH:
14
15
Q
S p e c ia l A g e n t, y o u 'r e R o b e rt P ertu so ?
16
A
Y es, s i r .
17
Q
And d id you p a r t i c i p a t e
in any o th e r way in t h i s
in v e s t ig a t io n ?
18
19
A
Y es,
20
Q
And was th e n a tu r e o f yo ur p a r t i c i p a t i o n ,
I d id .
fu rth e r
21
p a r tic ip a tio n ?
22
I was in v o lv e d in some p h y s ic a l s u r v e illa n c e s ;
23
in v o lv e d in some m o n ito rin g o f w ir e t a p c o n v e r s a tio n s ;
24
in v o lv e d in a tr a s h co ver o f M r. Edw ards'
25
in v o lv e d in a r r e s t in g
I was
r e s id e n c e ;
I b e lie v e yo u r c l i e n t ,
I was
I was
L y n e tta D u r r ,
PDF Page 71
98
R. PERTUSO - CROSS DURR
1
and M r. D av is t h e r e .
2
e x e c u tio n o f th e search w a r r a n t.
3
Q
And o f c o u rs e ,
I p a r tic ip a te d
Th ere were a number o f ag en ts in v o lv e d ,
s p e c ia l ag en ts from
4
th e FBI as w e l l as s p e c ia l ag en ts from DEA, i s
5
c o r r e c t?
6
A
T h a t 's c o r r e c t .
7
Q
Was th e r e a — w h a t's a case agent?
8
A
A case a g e n t i s
th a t
th e ag e n t t h a t is o v e r a l l re s p o n s ib le f o r
th e i n v e s t i g a t i o n .
9
i n th e
T h a t person i s
re s p o n s ib le f o r
10
o b ta in in g a l l th e e v id e n c e in th e c a s e ,
11
e v id e n c e , and p r e s e n tin g i t
12
f o r c o n s id e r a t io n o f p r o s e c u tio n .
c o lle c tin g
to th e U. S. A t t o r n e y 's o f f i c e
13
Q
Who's th e case a g e n t in t h i s m a tte r?
14
A
My w i f e .
15
Q
D id th e DEA have a s e p a ra te case a g e n t f o r —
16
A
Y es, th e —
17
Q
Who was t h a t DEA s p e c ia l agent?
18
A
The DEA case a g e n t was V in c e B a lb o .
19
Q
D id th e o th e r p a r t i c i p a t i n g
S p e c ia l A gent Karen P e rtu s o .
law e n fo rc e m e n t a g e n c ie s have
20
d e s ig n a te d p e o p le t h a t w ould be s i m i l a r to a u t h o r i t y o f a
21
case ag ent?
22
A
No.
In t h i s
case V in c e B albo from th e DEA, my w if e K aren
23
P e rtu s o were th e o n ly persons w it h t h a t — who managed th e
24
case.
25
Q
How many FBI a g e n ts to yo u r knowledge p a r t i c i p a t e d
in th e
PDF Page 72
R. PERTUSO - CROSS EDWARDS
1
2
99
t o t a l in v e s t ig a t io n ?
A
I would —
I w ould o n ly —
I'd
have to e s tim a te because o f
3
th e 6 0 -d a y e le c t r o n ic
4
were a g e n ts th r e e s h i f t s
5
dozens o f FBI ag en ts in v o lv e d in t h a t e f f o r t p lu s th e
6
p h y s ic a l s u r v e illa n c e s t h a t were conducted in c o n ju n c tio n
7
w it h t h a t .
8
th a t.
s u r v e illa n c e ,
th e w ir e ta p p in g ,
a d a y, tim e s 60 d a y s ,
it
was
They were a ls o dozens o f ag en ts in v o lv e d in
9
Q
10
A
Yes.
11
Q
And a ls o a g r e a t — a good number o f
DEA ag ents?
12
A
To a le s s e r d e g re e .
manpower
Dozens and dozens o f FBI agents?
13
MR. McGRATH:
14
THE COURT:
15
MR. JACKSON:
16
We had th e most
in th e c a s e .
I have n o th in g f u r t h e r .
Cross Edwards.
Thank yo u. Your Honor
CROSS EXAMINATION
BY
MR. JACKSON:
17
18
Q
19
th e r e
T h is e n t r y o r e x e c u tio n o f th e s e a rc h w a r r a n t was on
O cto b er 11 o f 1990?
20
A
I b e lie v e
21
Q
O c to b e r 10?
22
Q
What ad d ress
23
A
460 T a f t .
24
Q
Is
25
A
I b e lie v e
it
was O cto b er
10 o f '9 0 .
was t h a t ag ain ?
t h a t T a f t S t r e e t o r T a f t P la c e o r
it
was T a f t P la c e .
T a ft?
PDF Page 73
100
R. PERTUSO - CROSS EDWARDS
1
Q
T a f t P la c e .
And where is
th a t?
2
A
G a ry ,
3
Q
What tim e o f day was th e w a r r a n t executed?
4
A
10 a.m .
5
Q
10 a .m .
6
A
C le a r .
7
Q
So th e r e was no h in d ra n c e as to yo ur v is u a l c o n ta c t w it h
In d ia n a .
What were th e w e a th e r c o n d itio n s on t h a t day?
Sunny.
th e home o r th e occupants o f th e home?
8
9
A
C o rre c t.
10
Q
From th e e x t e r io r ?
11
A
C o r r e c t.
12
Q
Okay.
And th e n when you e n te re d th e —
th is
re s id e n c e a t
460 T a f t P la c e , you s a id you co vered th e door?
13
14
A
A f t e r we made f o r c i b l e
15
Q
My q u e s tio n i s ,
in t o
16
s ir ,
e n t r y to th e f r o n t door —
t h a t a t th e tim e t h a t you made e n t r y
th e home, you s a id you co vered a door?
17
A
The bedroom d o o r.
18
Q
Okay?
19
A
On th e i n t e r i o r .
20
Q
D id you know t h a t was a bedroom door b e fo r e you e n te r e d th e
21
home?
22
A
I
23
Q
And y o u r te s tim o n y was t h i s
d id n o t .
i s Lee Edw ards' ho use.
What
24
in d e p e n d e n t knowledge do you possess t h a t w ould i n d ic a t e
25
th a t th is
is M r. Edwards' home?
PDF Page 74
R. PERTUSO - CROSS EDWARDS
1
A
I
had read th e w ir e ta p a f f i d a v i t s ,
101
and I had p e r s o n a lly
2
been in v o lv e d in m o n ito rin g w ir e ta p c o n v e rs a tio n s where he
3
was p re s e n t a t t h a t lo c a t io n f o r over an ex ten d ed p e r io d o f
4
tim e .
5
Q
I assumed he l i v e d
So you —
th e re .
th e assum ption is
th a t i t ' s
h is house.
Have you
6
seen a d eed, a w a r r a n ty deed, q u i t c la im deed o r a n y th in g
7
to t h a t e f f e c t w hich would e v id e n c e any ty p e o f o w n ersh ip
8
i n t e r e s t by M r. Edwards?
^
9
A
No, I h a v e n 't .
10
Q
You have not?
11
A
No.
12
Q
So yo u r te s tim o n y i s an assum ption as to whose re s id e n c e
13
14
th is
A
a c t u a l l y is ?
Y es, an assum ption based on o b s e rv a tio n s and my in v o lv e m e n t
in th e in v e s t i g a t i o n .
15
16
I h a v e n 't seen any d eeds.
Q
How many o th e r doors d id you co ver b e fo r e g o in g s t r a i g h t to
t h i s — w hich you found o u t l a t e r
17
to be th e bedroom door?
18
A
None.
I w ent s t r a i g h t to th e bedroom d o o r.
19
Q
How d id you know to go to t h a t door?
20
A
As p a r t o f th e p r e -s e a r c h p la n ,
21
c le a r th e f i r s t
22
from DEA.
23
bedroom d o o r,
24
s id e o f th e d o o r.
25
Q
Okay.
It
flo o r .
I
it
was ag re ed t h a t I w ould
fo llo w e d th e le a d o f V in c e B alb o
He ran in and stopped and to o k a p o s it io n a t th e
I
fo llo w e d h is le a d and co vered th e o th e r
was a door and d id you know —
a g a in I d o n 't know
PDF Page 75
102
R. PERTUSO - CROSS EDWARDS
1
if
you answered t h i s q u e s tio n o r n o t, b u t d id you
2
was a bedroom door b e fo re you co vered i t ?
3
A
I d id n o t ,
4
Q
S p e c ific a lly ,
know i t
I d id n o t.
you d id know t h a t i t
was Lee Edwards, a door
5
o r a bedroom o c cu p ied by Lee Edwards b e fo r e you c o vered i t ,
6
c o r r e c t?
7
A
I d id n o t know he was in th e room.
8
Q
Were th e l i g h t s
9
A
No.
10
Q
11
on in s id e th e home?
Were th e r e any o th e r occupants w a lk in g around th e house
a f t e r a fo r c e a b le e n t r y was made?
12
A
Y es.
13
Q
Who e ls e was o u t w a lk in g around th e house?
14
A
H is n ie c e , P h e n e th e r Buchanan was on th e second f l o o r .
15
Q
She was
16
A
Y es.
17
Q
D id you
18
A
I d id n o t .
19
Q
How f a r away from th e e n t r y p o in t where you made th e
la t e r id e n tifie d ?
id e n tify
t h i s person?
My — m y s e lf I d id n o t.
20
p h y s ic a l e n t r y was th e bedroom lo c a te d t h a t was o c c u p ie d by
21
M r. Edwards?
22
A
A p p ro x im a te ly 20 f e e t .
23
Q
A bout 20 fe e t?
24
A
Y es.
23
Q
Okay.
Would i t
be p o s s ib le f o r — w e l l ,
s tr ik e
th a t.
PDF Page 76
■>w____ I
R. PERTUSO - CROSS EDWARDS
1
Your i d e n t i f i c a t i o n , was t h a t made b e fo re o r a f t e r
2
yo u r e n t r y in t o
3
w h a te v e r was shouted?
4
A
5
th e home when you shouted FBI o r DEA o r
B e fo re we e n te r e d th e house,
we announced our o f f i c i a l
id e n titie s .
6
Q
So th e door was —
7
A
And t h a t we had a
8
Q
9
A
10
Q
Were any windows open?
11
A
I d o n 't —
12
Q
You d o n 't r e c a ll?
13
A
No, I d o n 't .
14
Q
15
A
16
Q
17
se arch w a r r a n t .
The door was c lo s e d and lo c k e d ,
c o rr e c t?
Y es.
I d o n 't r e c a l l .
I t was a sunny d ay; was i t
a c o ld day?
I d o n 't remember.
Can you d e s c r ib e f o r th e ju r y w hat you were w e a rin g t h a t
d a y ; were you w e a rin g a ja c k e t?
18
A
19
Q
20
A r a id
A r a id
ja c k e t.
ja c k e t.
Were you w e a rin g a v e s t u n d e rn e a th th e
ja c k e t?
21
A
I w a s n 't m y s e lf.
22
Q
Okay.
O th e rs w e re .
23
Your H onor, may I approach
24
THE COURT:
25
MR. JACKSON:
You may.
th e W itness?
103
PDF Page 77
104
R. PERTUSO - CROSS EDWARDS
1
Q
2
Show you w h a t's been marked as G overnm ent's E x h i b it 3 0 .
A c c o rd in g to t h a t e x h i b i t , were th e windows open o r clo se d ?
3
A
It
ap pears t h a t th e second f l o o r window is open.
4
Q
What ab ou t th e f i r s t
5
A
It
ap pears t h a t t h a t window i s open a ls o .
6
Q
Is
th e r e an a g e n t
7
A
Y es, A gent Mark B ecker from th e
8
Q
And i s he w e a rin g a ja c k e t?
9
A
Y es, he i s .
10
Q
Now, th e bedroom t h a t you l a t e r
flo o r ?
d e p ic te d
11
b e lie v e you c o v e re d ,
12
window in i t ?
13
A
14
15
I d o n 't r e c a l l
th e l e f t
Q
Okay.
Is
is
in t h a t e x h ib it ?
F B I.
found M r. Edwards i n ,
t h a t — does t h a t bedroom have a
i f t h i s window
on th e
f i r s t f l o o r h e re on
s id e was th e bedroom window where he
it
I
p o s s ib le t h a t when you announced
was lo c a t e d .
— when yo u r
16
announcement was made p r i o r to yo ur f o r c e a b le
17
th e occupants o f t h a t room were a s le e p and had been a s le e p
18
f o r a w h ile ,
19
announcement?
20
MR.
21
BELLA:
O b je c t io n , Your H onor,
it
c a lls
fo r
s p e c u la t io n .
THE COURT:
23
MR. JACKSON:
25
th a t
t h a t th e y may n o t have h e a rd yo u r
22
24
e n try ,
Response.
Your H onor, t h i s w itn e s s was p r e s e n t a t
th e sc en e , he had th e b e s t o p p o r tu n ity to s c r u t i n i z e
THE COURT:
S u s ta in e d .
th e —
PDF Page 78
R. PERTUSO - CROSS EDWARDS
1
2
MR. JACKSON:
Q
3
4
A f t e r yo ur e n tr y in t o
th e home, d id you ask M r. Edwards
w h eth er he h e ard yo ur announcement?
A
5
6
105
I
d id n o t.
He was — he was in te r v ie w e d s u b s e q u e n tly by
ag en ts c o n c e rn in g t h a t .
Q
P r io r to g o in g i n , yo ur te s tim o n y when you were asked by
7
M r. B e lla was t h a t you knew Lee Edwards was on th e o th e r
8
s id e o f t h i s d o o r.
9
coming open t h a t i t was M r. Edwards on th e o th e r s id e o f
10
D id you know p r i o r to th e door a c t u a l l y
t h a t door?
11
A
I
12
Q
So yo u r te s tim o n y more a c c u r a t e ly would be t h a t th e r e was a
13
d id n o t.
s u b je c t b e h in d th e door who was l a t e r
id e n tifie d ?
14
A
C o rre c t.
15
Q
D id you i d e n t i f y M r. Edwards a t t h a t tim e?
16
A
Y es.
17
Q
How d id you i d e n t i f y him?
18
A
I
had p r e v io u s ly ob served M r. Edwards when c o n d u c tin g
19
p h y s ic a l s u r v e illa n c e s and I had p r e v io u s ly o b served
20
ph o to g rap h s o f him .
21
Q
D id you o b ta in any ty p e o f i d e n t i f i c a t i o n
from M r. Edwards
22
o r who you th o u g h t would be M r. Edwards a t th e tim e o f th e
23
o p en ing o f t h i s bedroom door?
24
25
A
He c ra w le d o u t o f th e bedroom and we h a n d c u ffe d him a f t e r
th e sh o ts were f i r e d .
We d i d n ' t ask him f o r any
PDF Page 79
106
R. PERTUSO - CROSS EDWARDS
id e n tific a tio n
1
2
Q
a f t e r we h a n d c u ffe d him .
You a ls o t e s t i f i e d
t h a t no ag en ts o r no FBI a g e n ts o r DEA
a g e n ts a c t u a l l y d is c h a rg e d t h e i r weapons d u rin g t h i s —
3
4
A
C o r r e c t.
5
Q
— p ro c e d u re .
6
A
We had to conduct an i n v e s t ig a t io n w hich was conducted by
How do you know?
7
S p e c ia l A gent Tom A ll i s o n o f th e F B I, an a d m in is t r a t iv e
8
in v e s tig a tio n .
9
he exam ined e v e ry b o d y 's weapon t h a t was p r e s e n t .
He was on th e scene a f t e r th e s h o o tin g and
10
Q
D id you do t h i s
11
A
I gave him my gun to be exam ined.
12
Q
So yo u r te s tim o n y is
you conduct t h i s
13
14
A
I d id n 't .
15
Q
Okay.
A
t h a t yo u r gun was n o t d is c h a r g e d .
Tom A l l i s o n d id .
So how do you know t h a t o th e r a g e n ts ' weapons
How do I know?
How d id you know?
J u s t th ro u g h c o n v e rs a tio n w it h h im .
18
mean, I w ould know as an FBI a g e n t i f
19
weapon because —
20
21
22
23
Q
D id
i n v e s t ig a t io n as to o th e r a g e n ts ' weapons?
w e r e n 't d is c h a rg e d ?
16
17
e x a m in a tio n ?
somebody f i r e d
I
th e ir
B ut you d i d n ' t p e r s o n a lly check each one o f th e s e weapons?
MR. BELLA:
Your H onor, ask th e w itn e s s be a llo w d to
an sw er; d i d n ' t co m p lete h is answ er.
THE COURT:
24
h is an sw er.
25
h is q u e s tio n .
C o u n se l, w a it f o r th e w itn e s s to f i n i s h
M r. W itn e s s , w a it f o r th e a t t o r n e y to f i n i s h
Ask yo u r q u e s tio n ,
c o u n s e l.
PDF Page 80
107
R. PERTUSO - CROSS EDWARDS
1
2
MR.
Q
3
JACKSON:
D id you p e r s o n a lly in s p e c t each and e v e ry one o f th e
a g e n ts ' weapons e n te r in g t h i s house?
4
A
5
Q
6
No.
So yo ur te s tim o n y t h a t no ag e n t d is c h a rg e d h is weapon i s
based upon som ething you h e ard
7
A
8
Q
9
C o r r e c t.
So you d o n 't r e a l l y knowa c t u a l l y i n d i v i d u a l l y t h a t no
o th e r a g e n t d is c h a rg e d a
10
from somebody e ls e ?
weapon, you o n ly know t h a t you
d i d n ' t , c o r r e c t?
11
A
C o r r e c t.
12
Q
Now, who to o k th e s e p ic t u r e s t h a t a re in f r o n t o f you?
13
A
C a th e r in e Jagoda.
S h e 's an FBI p h o to g ra p h e r.
14
MR. JACKSON:Approach th e w itn e s s ?
15
THE COURT:
16
MR. JACKSON:
17
Q
You may.
Show you w h a t's been marked and r e c e iv e d in t o e v id e n c e as
18
G o vern m en t's E x h ib it s
19
te s tifie d
20
Edwards a l l e g e d l y f i r e d .
21
weapon?
22
A
40
t h a t th o se a re
and 4 1 .
—
I b e lie v e you p r e v io u s ly
th a t is
How i s i t
th e weapon t h a t M r.
you can i d e n t i f y
M y s e lf and A gent B ecker p re p a re d a r e p o r t .
th a t
We to o k th e
23
s e r i a l number o f f th e gun t h a t day and p re p a re d a r e p o r t
24
and we a ls o p u t t h a t in th e in v e n to r y o f th e s e a rc h .
25
Q
You d id n o t ta k e t h a t p ic tu r e ?
PDF Page 81
R. PERTUSO -
108
CROSS EDWARDS
1
A
No, C a th e r in e Jagoda d id .
2
Q
Can you see th e s e r i a l numbers on t h a t fir e a r m ?
3
A
No.
4
Q
So how is
it
you can p o s i t i v e l y i d e n t i f y t h a t weapon as
5
d is tin g u is h e d from any o th e r
6
th e re ?
7
A
.3 5 7 Magnum t h a t may be la y in g
Because I know t h a t t h a t was p la c e d in t o —
8
weapon a f t e r we a r r e s t e d — w e l l ,
9
Edwards, d e ta in e d L o r r i Edwards.
Of c o u rs e ,
10
I exam ined th e
a f t e r we a r r e s t e d Lee
I w ent th ro u g h th e bedroom, s e arch e d th e
11
t h in g and I
exam ined th e gun.
12
w it h a pen,
s tu c k a pen th ro u g h i t
13
it.
14
FD 302 on t h a t d a y , w hich I have in my p o c k e t, and we
15
re c o rd e d th e s e r i a l number on t h a t as b e in g 6 2 3 3 1 .
16
b e lie v e
17
s e r i a l number.
18
Q
We to o k th e s e r i a l o f f i t
if
A t t h a t tim e I p ic k e d i t
and to o k a good lo o k a t
and we p re p a re d a r e p o r t ,
you exam ine t h a t weapon, i t
My q u e s tio n to you i s ,
19
is
20
marks does t h a t gun have v e rs u s any o th e r
21
may be la y in g around?
A
Oh, I a g re e w it h yo u .
23
Q
So you d o n 't know p o s i t i v e l y t h a t ' s
25
th a t —
th a t
.3 5 7 Magnum t h a t
co u ld b e .
th e same weapon t h a t ' s
over —
THE COURT;
And I
o v er t h e r e , w hat i d e n t i f y i n g
22
24
It
an
w i l l have t h a t
how do you know t h a t i s
th e same weapon t h a t ' s
up
C o u n se l, w a it u n t i l h is answer is
PDF Page 82
R. PERTUSO -
1
c o m p le te d .
2
s ta r tin g
3
in ,
CROSS EDWARDS
109
He may have f in is h e d h is an sw er, b u t y o u 'r e
im m e d ia te ly a f te r w a r d s .
Y o u 'l l g e t yo u r q u e s tio n
c o u n s e l.
4
MR. JACKSON;
5
THE COURT:
6
THE WITNESS;
S o r ry , Your Honor.
You may p ro c e e d .
7
The weapon in t h i s p h o to g ra p h ,
8
Jagoda to o k th e p ic t u r e s o f th e weapon.
9
t h a t y o u 'r e c o r r e c t in t h a t th e r e is no s e r i a l number t h a t
I was p r e s e n t when C a th e r in e
I
c a n 't t e l l you
10
is v is ib le
1
1
bedroom, t h a t I
12
lik e
13
from th e gun s h o ts .
14
t h a t tim e .
15
Okay.
16
th e p i c t u r e and you c a n 't i d e n t i f y t h a t weapon w it h any
17
d is t in g u is h in g marks o r s e r i a l number,
18
C o r r e c t.
19
20
in t h i s weapon.
r e c a l l is
A t th e tim e I w ent in t o
th e
t h i s weapon t h a t lo o k s e x a c t ly
t h a t in t h a t lo c a t io n a m id s t th e w h ite powder d u s t
And we re c o rd e d th e s e r i a l number a t
So you re c o rd e d th e s e r i a l number b u t d id n o t ta k e
MR. JACKSON:
is
t h a t c o r r e c t?
May I approach th e w itn e s s a g a in . Your
Honor?
21
THE COURT;
22
MR. JACKSON;
You may.
23
So yo u r te s tim o n y th e n has to be t h a t t h i s
24
lo o k s s i m i l a r to th e one t h a t ' s
25
C o r r e c t.
o v er th e re ?
is a gun t h a t
PDF Page 83
R. PERTUSO - REDIRECT
1
Q
th e ju r y w ith o u t r e s e r v a t io n t h a t t h a t ' s
th e same gun?
2
3
You canno t t e l l
A
I
can t e l l
th e ju r y t h a t a t th e tim e I p ic k e d up th e weapon
4
and re c o rd e d th e s e r i a l number as 6 2 3 3 1 .
5
made on O cto b er 1 1 ,
6
a t th e s e r i a l number, i t
7
Q
q u e s tio n i s ,
9
te ll
th is
a ll,
s ittin g
over
Second o f
by a s e r i a l number?
g o in g to o b je c t .
W e've
o v er and o v e r .
THE COURT:
16
MR. JACKSON:
S u s ta in e d .
D id you run th e s e r i a l number on t h a t gun th ro u g h any ty p e
o f i d e n t i f i c a t i o n w it h yo ur bureau?
18
19
it
Your H onor, I'm
15
Q
th e same gun t h a t ' s
you d i d n ' t ta k e th e p i c t u r e .
you c a n 't i d e n t i f y
been o v e r t h i s
14
w i l l be th e same.
c o u ld you?
MR. BELLA:
13
we examine t h a t gun and lo o k
e x h i b i t w hich shows a gun, you can n o t
F irs t of a l l ,
11
12
if
th e j u r y t h a t t h a t ' s
th e re ,
10
1990,
The r e p o r t we
My q u e s tio n i s — h a te to behabor t h i s p o in t , b u t th e
8
17
110
A
I p e r s o n a lly d id n o t.
20
MR. JACKSON:
21
THE COURT:
22
.
23
N o th in g f u r t h e r .
Your H onor.
R e d ir e c t .
REDIRECT EXAMINATION
BY
MR. BELLA:
24
Q
What was t h a t s e r i a l number a g a in .
25
A
62331.
S p e c ia l A gent P e rtu s o ?
PDF Page 84
R. PERTUSO - REDIRECT
1
MR. BELLA:
If
2
THE COURT:
You may.
3
MR. BELLA:
4
5
6
7
I may approach th e w itn e s s ?
Can you c o n firm t h a t th e s e r i a l number on t h a t weapon,
MR. McGRATH:
Judge, b e fo re he b e g in s w it h h is
THE COURT:
You may.
(Bench d is c u s s io n on th e r e c o r d .)
MR. McGRATH:
Your H onor, my c l i e n t has to go to th e
10
bathroom v e r y u r g e n t ly .
11
he b e g in s cro s s — o r r e d ir e c t ?
12
THE COURT:
13
Could we ta k e a s h o r t b re a k b e fo r e
Okay, c o u n s e l.
(End o f d is c u s s io n a t th e b e n c h .)
14
THE COURT:
15
a s h o r t re c e s s .
16
gave you b e fo r e ; do n o t d is c u s s t h i s
17
do n o t p e r m it anyone to d is c u s s i t w it h you o r in yo u r
18
p re s e n c e .
19
o p in io n dn t h i s
20
W ith t h a t ,
It
L a d ie s and g e n tle m e n , w e 'r e g o in g to ta k e
Remember th e a d m o n itio n t h a t th e C o u rt
case among y o u r s e lv e s ,
i s yo u r d u ty n o t to form o r e x p re s s any
case u n t i l i t
is
fin a lly
s u b m itte d to yo u .
you may f o llo w th e M a rs h a l u p s t a i r s .
(The j u r y were e s c o rte d from th e c o u rtro o m ,
and th e f o llo w in g p ro c e e d in g s h ad , r e p o r te d
as f o l l o w s : )
21
22
23
s ir ?
q u e s tio n , may we approach?
8
9
1
1
1
THE COURT:
A n y th in g co u n sel w is h to ad d ress th e C o u rt
24
ab o u t b e fo r e we ta k e a s h o r t recess?
25
c u s to d y o f th e weapon i t s e l f .
W i l l somebody ta k e
W e 'l l ta k e a s h o r t r e c e s s .
PDF Page 85
R. PERTUSO - REDIRECT
1
2
3
112
(T h e re was a rece ss t a k e n .)
THE COURTI
A n y th in g coun sel w ish to ad d ress th e C o u rt
ab ou t b e fo re we c a l l th e ju ry ?
4
MR. BELLA:
No, Your Honor.
5
THE COURT:
C a ll th e j u r y .
6
MR. TRUITT:
You w ish to —
th e C o u rt —
c o u n s e l to
7
ad d ress you o r you w ish to in q u ir e on th e re c o rd as to th e
8
s ta tu s o f c e r t a in e x h ib its ?
9
10
1
1
THE COURT:
Is
th e r e a s t i p u l a t i o n
r e la tiv e
to th e
weapons b e in g h e ld by th e U. S. A t t o r n e y 's o f f ic e ?
MR. TRUITT:
I b e lie v e th e r e i s .
Your H onor,
I b e lie v e
12
t h a t a l l d e fe n s e coun sel w i l l ag re e w it h th e Governm ent
13
t h a t e i t h e r th e DEA o r th e F B I, one o f th e case a g e n ts ,
14
ta k e c o n t r o l o f th e weapons.
15
n a r c o t ic s ,
16
been a d m itte d in t o e v id e n c e and th e n p r e s e n t them a t th e
17
a p p r o p r ia te tim e .
And i f
th e r e a re any
c o n tr o l o f the, n a r c o tic s even though th e y have
18
THE COURT:
Any o b je c tio n from th e Government?
19
MR. BELLA:
No, t h a t ' s
20
THE COURT:
T h a t'S g r a n te d .
fin e .
C o u n se l,
21
p re p a re some ty p e o f a w ith d r a w a l s l i p .
22
p o s s e s s io n o f i t .
23
24
25
MR.. BELLA:
if
I'll
you w i l l
l e t you have
V e ry w e l l .
(The ju r y were e s c o rte d in t o th e c o u rtro o m ,
and th e f o llo w in g p ro c e e d in g s h a d , r e p o r te d
as f o llo w s : )
PDF Page 86
113
R. PERTUSO - REDIRECT
THE COURT;
1
you were in
2
4
r e d i r e c t e x a m in a tio n .
MR. BELLA;
3
Q
A gent P e rtu s o ,
5
If
6
THE COURT;
7
MR. BELLA;
8
Q
You may be s e a te d .
M r. B e l l a ,
I b e lie v e
You may c o n tin u e .
Thank yo u. Your H onor.
j u s t a few more q u e s tio n s .
I may approach th e w itn e s s . Your Honor?
You may.
I ask you to exam ine t h i s weapon t h a t ' s
been in tro d u c e d and
marked as G o vernm en t's E x h ib it 3 5 , S p e c ia l A gent P e r tu s o ,
9
10
and ask you to examine th e s e r i a l number on t h a t weapon and
11
compare th e s e r i a l number re p o rte d from th e e x a m in a tio n o f
12
th e weapon conducted t h a t d a y , t h a t is O cto b er 11 o f 1990?
13
A
The s e r i a l number on th e weapon is 6 2 3 3 1 .
14
s e r i a l number t h a t is
15
B e c k e r.
16
Q
So t h a t i s
That is
th e same
in th e r e p o r t p re p a re d by S. A . Mark
th e same weapon re c o v e re d a t Lee Andrew Edw ards'
re s id e n c e t h a t day?
17
18
A
Y es.
19
Q
And w it h re g a rd to th e p h o to g ra p h . S p e c ia l A gent P e r tu s o ,
20
do you have any reason to b e lie v e t h a t anyone e ls e w ould
21
p la c e an i d e n t i c a l weapon in an i d e n t i c a l lo c a t i o n and th e n
22
ta k e ph oto g rap h s o f th e weapon?
23
A
NO.
24
Q
These p h o to g ra p h s , a re th e y a c c u ra te
25
r e p r e s e n t a tio n s o f
where you found th e weapon t h a t day a t t h a t re s id e n c e ?
PDF Page 87
R. PERTUSO - REDIRECT
114
1
A
Y es.
2
Q
And t h a t door t h a t t h i s weapon was b y , what door i s
3
th a t
ag ain ?
4
A
The bedroom d o o r.
5
Q
And d id you have o c c a s io n to examine any damage t h a t was
6
s u s ta in e d by th e re s id e n c e t h a t day as a r e s u l t o f th e s e
7
sh o ts b e in g f ir e d ?
8
A
9
Y es, th e r e was b u l l e t h o le s in th e door fram e and th e
bedroom d o o r.
10
Q
Is
11
A
Y es.
12
Q
D id you ob serve any o f th e — any o th e r la w e n fo rc e m e n t
t h a t th e same bedroom door?
13
o ffic e r s
14
o b s e r v a tio n s w hich would in d ic a t e
15
were f i r e d
o r any ag en ts around you f i r e
weapons o r have any
t h a t any o th e r weapons
t h a t day?
16
A
No, s i r .
17
Q
I b e lie v e you t e s t i f i e d
t h a t you conducted s u r v e illa n c e ;
18
w ould t h a t in c lu d e s u r v e illa n c e a t t h i s
19
P lac e?
20
A
Y es.
21
Q
And as a r e s u l t o f t h a t s u r v e illa n c e ,
22
23
460 T a f t
d id you have o c c a s io n
to o b serve M r. Edwards a t a l l ?
A
24
25
lo c a tio n ,
I d o n 't r e c a l l i f
it
to th e s u r v e illa n c e
Q
was 460 o r 1522 T a f t w ith o u t r e f e r r i n g
lo g s .
You conducted s u r v e illa n c e a t one o f th e two re s id e n c e s ?
PDF Page 88
R. PERTUSO - REDIRECT
115
1
A
Y es.
2
Q
And you have a ls o m o n ito re d th e s e w ir e ta p c o n v e r s a tio n s ,
is
t h a t r ig h t ?
3
4
A
Y es.
5
Q
Now, when p e o p le would — as a r e s u l t o f th o se w ir e t a p
6
c o n v e rs a tio n s d id you observe w h eth er Lee Edwards was a t
7
th e re s id e n c e a t 460 T a f t P la c e d u rin g th e p e r io d o f t h a t
8
w ir e ta p ?
9
A
Yes.
10
Q
And was he?
11
A
Y es.
12
Q
You t e s t i f i e d
t h a t you ob served L o r r i Edwards a ls o in th e
13
bedroom a f t e r
th e sh ots were f i r e d
14
and you a r r e s t e d Lee Edwards in t h a t doorw ay.
15
you o b serve L o r r i Edwards?
and th e door was opened
Where d id
16
A
On th e bed.
17
Q
Was she anywhere c lo s e to th e door o f th e bedroom?
18
A
No.
19
Q
I
see.
20
If
21
THE COURT:
You may.
22
MR. BELLA:
Your H onor, does th e C o u rt w is h me to ta k e
23
th e weapon —
THE COURT:
24
25
I may ap p ro ac h . Your Honor?
now.
You can g iv e i t
to th e C le r k f o r
r ig h t
PDF Page 89
116
R. PERTUSO - REDIRECT
1
MR. BELLA:
Thank yo u, t h a t ' s
2
THE COURT;
R ecross D a v is .
3
MR. TRUITT;
4
THE COURT:
5
MR. MCGRATH;
6
THE COURT;
7
MR. JACKSON;
a ll
I have.
N o th in g , Your H onor.
R ecross D u r r.
N o th in g , Your H onor.
Recross Edwards.
Y es, Your H onor.
RECROSS EXAMINATION
BY
MR. JACKSON;
8
9
10
S p e c ia l A g e n t, you n e ver saw Lee Edwards f i r e
11
d id you?
12
No.
13
MR. JACKSON:
14
THE COURT:
N o th in g f u r t h e r .
t h a t weapon,
Your H onor.
R e - r e - r e d i r e c t G overnm ent.
FURTHER REDIRECT EXAMINATION
BY
MR. BELLA:
15
16
17
Was th e bedroom door open o r sh u t when th o se sh o ts were
18
f ir e d ?
19
A
The bedroom door was open ab ou t one in c h .
20
Q
And th e s h o ts , were th e y f i r e d
th ro u g h t h a t o p en ing o r
where were th e y f ir e d ?
21
22
A
No, r i g h t th ro u g h th e d o o r.
23
Q
Through th e d o o r.
24
I have n o th in g f u r t h e r .
25
THE COURT:
R e -r e - r e c r o s s D a v is .
PDF Page 90
WALTON - DIRECT
1
MR. TRUITT:
2
THE COURT:
3
MR. McGRATH:
4
THE COURT:
5
MR. JACKSON;
6
THE COURT;
7
117
N o th in g , Your Honor.
R e -r e -r e c r o s s D u r r.
N o th in g , Your H onor.
R e -r e -r e c r o s s Edwards.
N o th in g , Your Honor.
You may s te p down.
C a ll yo u r n e x t
w it n e s s .
8
(The w itn e s s was e x c u s e d .)
9
MR. BELLA;
10
N ex t w itn e s s . Your H onor, i s O f f i c e r
W a lto n .
11
THE COURT:
I'm
12
MR. BELLA;
W a lto n .
13
THE COURT:
P le a s e be s e a te d , p u l l yo u r c h a ir up ,
s o rry ?
14
speak d i r e c t l y
15
everyb o d y in th e co u rtro o m may h e a r .
16
in t o
th e m icrophone lo u d enough so t h a t
GARY WALTON
17
c a lle d as a w itn e s s by th e G overnm ent, b e in g f i r s t d u ly
sworn to t e s t i f y th e t r u t h , th e whole t r u t h and n o th in g b u t
th e t r u t h , was exam ined and t e s t i f i e d as f o llo w s ;
18
19
DIRECT EXAMINATION
BY
MR. BELLA:
20
21
Q
Would you s t a t e yo u r name, p le a s e ?
22
A
G ary W a lto n , W -A -L -T -O -N .
23
Q
And what is yo ur o c c u p a tio n ,
24
A
Now I'm
25
s ir ?
employed by th e S ta te o f In d ia n a in th e E n viro n m en t
Management.
PDF Page 91
118
WALTON - DIRECT
1
Q
And in O ctob er o f 1 9 9 0 , what was your o c c u p a tio n ,
2
A
I was a member o f th e In d ia n a p o lis P o lic e D ep artm en t
a s s ig n e d to a M etro Drug U n it .
3
4
s ir ?
Q
On O cto b er 1 1 , 1 9 9 0 , d id you have o c c a s io n to p a r t i c i p a t e
in an i n v e s t ig a t io n h e re in Lake C ounty,
5
In d ia n a ?
6
A
Y es,
I d id .
7
Q
And w hat was th a t?
8
A
I was a s s ig n e d to a s s is t in a se arch w a r r a n t a t an a d d ress
in G a ry ,
9
In d ia n a .
10
Q
And do you know where t h a t was, s ir ?
11
A
Y es.
12
Q
And in th e course o f t h a t s e a rc h , d id you r e t r i e v e
I b e lie v e i t
was 460 T a f t ,
T - A -F -T .
ite m s from t h a t re s id e n c e ?
13
14
A
Y es, I d id .
15
Q
Where d id you s e a rc h in th e re s id e n c e ?
16
A
F i r s t p la d e t h a t I
house.
17
18
Q
21
22
23
I b e lie v e
searched was in th e back a re a o f th e
it
was l i k e
a back p o rc h .
And c o u ld you t e l l us w hat you found in th e back p o rch o f
th e re s id e n c e ?
19
20
any
A
I
found s e v e r a l ite m s ,
in c lu d in g a b la c k o v e r n ig h t bag o r
d u f f e l bag.
MR. BELLA;
If
I may approach you f o r a moment —
m ig h t approach th e w itn e s s . Your Honor?
24
THE COURT:
25
MR. BELLA:
You may.
if
I
PDF Page 92
___ .
WALTON - DIRECT
.
1
Q
2
3
A
Y es, I
4
Q
What i s
5
A
It 's
and ask i f
you can i d e n t i f y t h a t ,
th a t,
s ir ?
th e b la c k
bag t h a t I
found on th e se arch w a r r a n t in
7
Q
8
A
It
9
Q
D id you s e iz e th e bag and i t s
10
A
Y es, I d id .
11
Q
And I wonder i f
And was t h a t bag empty o r d id i t
back p o rc h .
have c o n te n ts
you would exam ine t h a t bag and t e l l
Do you w ant me to ta k e each ite m out?
14
Q
W e ll,
15
A
Y es, th e y a r e .
15
Q
fir s t of a ll,
And y e s ,
if
a re th e c o n te n ts s t i l l
in th e
bag?
you co u ld remove th e ite m s and t e l l us how th e y
a re marked and d e s c rib e f o r us what th e y are?
18
If
19
THE COURT:
20
NR. BELLA:
Q
I may a p p ro ac h . Your Honor?
You may.
Hand you w h a t's been marked f o r purposes o f i d e n t i f i c a t i o n
22
as Government E x h ib it lA ;
23
p le a s e ?
25
us i f
in th e bag?
A
24
it?
c o n te n ts ?
13
21
in
had c o n te n ts in i t .
th o se c o n te n ts a re s t i l l
17
p le a s e ?
can.
th e r e a r o f th e re s id e n c e in th e
12
119
Hand you w h a t's been marked as G overnm en t's E x h i b it 1 f o r
id e n tific a tio n
6
J
A
It's
a set of tr ip le
can you d e s c r ib e t h a t f o r me,
beam s c a le s .
I
found th e s e in
th e —
th e s e were in s id e th e b la c k bag a t th e back po rch o f th e
PDF Page 93
WALTON - DIRECT
120
1
r e s id e n c e .
2
T h a t was in s id e th e b la c k bag you found in th e back po rch
3
o f th e re s id e n c e ?
4
A
Y es,
5
Q
And E x h i b it IB ,
6
A
E x h i b it IB was a —
it
was.
can you t e l l what t h a t i s ,
I
c a ll i t
s ir ?
a g r in d e r o r a s i f t e r .
It's
7
made by Braum and t h i s a ls o was found in th e b la c k bag a t
8
th e back p o rc h .
9
Q
E x h i b it IC f o r i d e n t i f i c a t i o n ?
10
A
It's
a s m a ll p l a s t i c
c o n ta in e r ;
1
1
d i f f e r e n t drug p a r a p h e r n a lia .
12
bag.
it
Q
And E x h i b it ID f o r i d e n t i f i c a t i o n ?
14
A
Is
15
bag.
It
and some
I t was a ls o in s id e th e b la c k
13
a c le a r p l a s t i c
c o n ta in e d t i e s
c o n ta in s a su bstance c a lle d
la c to s e w hich i s a m ilk s u g a r.
16
Q
E x h i b it lE?
17
A
lE i s
a brown p aper bag, has a number o f c le a r p l a s t i c
18
b a g g ie s .
19
b la c k bag.
A c c o rd in g to my n o te s th e y were a ls o found in th e
20
Q
And E x h i b it IF ?
21
A
IF
22
i s a c o n ta in e r o f R eynolds W rap, Heavy D u ty R eynolds
W rap.
23
Q
A ls o was in th e b la c k bag?
24
A
Yes.
25
Q
And E x h i b it IG?
PDF Page 94
WALTON - DIRECT
1
MR. Mc Gr a t h ;
2
THE COURT:
3
(Bench d is c u s s io n on th e r e c o r d .)
MR. TRUITT:
5
THE COURT:
6
MR. JACKSON:
My c l i e n t has a need.
G entlem en.
There is a w itn e s s in th e c o u rtro o m ,
Your H onor.
8
9
May we ap p ro ac h . Your Honor?
You may.
4
7
121
My c l i e n t ' s
b ro u g h t to my a t t e n t i o n t h a t t h i s
P h e n e th e r Buchanan w alked in th e c o u rtro o m ,
is
s h e 's on th e
10
G o vernm en t's l i s t .
1
1
p r e s e n t in th e co u rtro o m my d e fe n d a n t a d v is e d me o f d u rin g
12
th e d i r e c t and cro ss e x a m in a tio n o f th e f i r s t w itn e s s and
13
t h a t was Gwendolyn C am p b ell.
14
THE COURT:
But th e r e
is a n o th e r w itn e s s t h a t i s
G en tlem en, one o f you o r you w ant t e l l
th e
15
M a rs h a l o r somebody to remove them from th e co u rtro o m and
16
th e n we can d is c u s s a fte r w a r d s i f
17
th a t 's
18
th e r e
is any a c t io n
re q u e s te d .
MR. JACKSON:
19
Y es.
(End o f d is c u s s io n a t th e b e n c h .)
20
THE COURT:
C o u n se l,
21
MR. BELLA:
Y es.
22
THE WITNESS:
23
Y es.
24
It
25
And IH f o r i d e n t i f i c a t i o n ?
I b e lie v e you were w it h IG .
IG was a ls o w it h a s m a ll v a n i l l a - c o l o r e d
was a ls o found in s id e th e b la c k bag.
c o n t a in e r .
PDF Page 95
WALTON - DIRECT
THE COURT:
1
J u s t a m in u te ,
2
122
c o u n s e l.
(Bench d is c u s s io n on th e r e c o r d .)
MR. TRUITT:
3
We b e t t e r e x p la in to th e j u r y w h a t's
g o in g on.
4
THE COURT:
5
Do co un sel want me to e x p la in ab o u t th e
s e p a r a tio n o f w itn e s s e s ?
6
7
MR. JACKSON:
8
MR. BELLA:
Y es, Your H onor.
Y es, Your H onor.
(End o f d is c u s s io n a t th e b e n c h .)
9
THE COURT:
10
L a d ie s and g e n tle m e n , you may be w o n d e rin g
11
why w e 'v e had th e s e two l i t t l e
12
E a r lie r
13
s e p a r a tio n o f w itn e s s o r d e r .
14
w itn e s s e s may be in th e co u rtro o m e x c e p t when t e s t i f y i n g
15
and th e y c a n 't t a l k
in th e t r i a l ,
c o n fe re n c e s a t s id e b a r .
th e C o u rt e n te re d w hat i s
known as a
What t h a t o rd e r i s
t h a t no
to each o t h e r .
A p p a r e n tly th e r e have been some in d iv id u a ls
16
is
17
come in t o
18
th e p ro c ess o f g e t t in g them o u t o f th e co u rtro o m so as n o t
19
to v i o l a t e
20
w itn e s s o r any o f th e a t t o r n e y s , w e 'r e j u s t t r y i n g
21
a p rob lem l a t e r .
th e C o u rt o r d e r .
C o u n s e l, I
22
It 's
We were in
n o th in g to do w it h t h i s
to a v o id
th in k you were on IG and why d o n 't we go
back to t h a t p o in t .
23
MR. BELLA:
24
25
th e co u rtro o m t h a t may be w itn e s s e s .
t h a t have
Q
IG I
Thank yo u , Your H onor.
t h in k you t e s t i f i e d was th e w h ite p l a s t i c
c o n ta in e r
PDF Page 96
WALTON - DIRECT
1
and IH you have in f r o n t o f you?
2
A
3
Q
And I I ?
4
A
ll
5
Q
6
A
7
8
IH is a — j u s t
is
a
c le a r p l a s t i c
Q
in th e
b ag .
,And IJ ?
IJ
is a s m a ll — a lm o s t
A l l th e s e ite m s ,
as you found i t
10
c o n ta in e r found
j u s t an o r d in a r y t w e lv e -in c h r u l e r .
l i k e a matchbook c o n ta in e r
I p la c e d a b a g g ie around i t
9
11
123
in w h ich
and s e a le d i t .
lA th ro u g h I J ,
were th e y in t h i s b la c k bag
on th e back porch o f t h a t re s id e n c e a t 460
T a f t P la c e t h a t day?
A
Y es, s i r .
12
MR. BELLA:
13
W ith th e C o u r t 's in d u lg e n c e I w i l l
repackage th e s e item s?
14
THE COURT:
You may.
15
MR. BELLA:
U nless d e fen se co u n sel w ish to exam ine
16
17
them w h ile
Q
t h e y 'r e
M r. W a lto n ,
o u t o f th e bag.
I hand you w h a t's been marked
f o r purposes o f
18
id e n tific a tio n
as Government E x h ib it 2 ; ask i f
19
id e n tify th a t,
p le a s e ?
20
A
Y es, s i r ,
21
Q
What i s
22
A
23
24
25
It 's
its
Q
I
can .
th a t,
you can
>
s ir ?
a photo o f th e b la c k bag w hich I
ju s t id e n t if ie d
and
c o n te n ts w hich I a ls o i d e n t i f i e d .
And i s
t h a t a photo o f
ap peared to
how th e bag and i t s
c o n te n ts
you a t th e tim e t h a t photo was ta k e n onO c to b e r
PDF Page 97
WALTON - DIRECT
1
124
11?
2
A
A p p ro x im a te ly , y e s .
3
Q
Government E x h ib it 3 f o r i d e n t i f i c a t i o n ;
can you i d e n t i f y
4
t h a t , p le a s e ?
5
It 's
6
unpacked th e bag, I
7
and th e n a ph o to g rap h was ta k e n o f i t .
8
And Government E x h ib it 4 f o r i d e n t i f i c a t i o n ;
9
c lo s e r v ie w o f th o se co n te n ts ?
a ls o a n o th e r p h o to grap h o f th e b la c k bag.
A f t e r I had
s e t th e c o n te n ts to th e s id e o f th e bag
is
th a t a
10
A
T h a t 's c o r r e c t .
1
1
Q
And G o vernm en t's E x h ib it s 3 and 4; a re th ose a ls o a c c u r a te
12
r e p r e s e n t a tio n s o f what th e c o n te n ts ap peared l i k e
13
t h a t day?
14
A
T h a t 's c o r r e c t .
15
Q
Thank yo u ,
s ir .
16
If
17
THE COURT:
18
MR. BELLA:
19
Q
I may ap p ro ac h . Your Honor?
You may.
A g a in I hand you Government E x h i b it 3 f o r i d e n t i f i c a t i o n ;
20
were th e r e any o f th ose c o n te n ts t h a t you l a t e r
21
fo r id e n tific a tio n ?
22
A
23
24
25
to you
I p e r s o n a lly d id n o t subm it them , b u t y e s ,
s u b m itte d
some o f th e
c o n te n ts were s u b m itte d .
Q
I hand you w h a t's been marked f o r purposes o f
id e n tific a tio n
as Government E x h ib it 36 and ask i f
you can
PDF Page 98
125
WALTON - DIRECT
i d e n t i f y t h a t , p le a s e ?
1
2
A
Y es, s i r .
3
Q
What i s
4
A
It
th a t,
is a —
s ir ?
lik e
an p l a s t i c —
I'm n o t su re w h e th e r i t ' s
5
Cool Whip bowl o r b u t t e r bowl o f some k in d , w hich I
6
in s id e th e b la c k bag.
It
found
c o n ta in e d a powdery s u b s ta n c e .
7
Q
And w hat d id you do w it h t h a t bowl a f t e r you found i t ?
8
A
I
to ,
I b e lie v e
from
t h a t p o in t .
10
Q
A ls o show you w h a t's been marked f o r purposes o f
12
id e n tific a tio n
13
can you i d e n t i f y t h a t to o , p le a s e ?
I
as Government E x h ib it 37 ; can you t e l l me —
14
A
Y es,
15
Q
What is
th a t,
16
A
T h is i s
a P la n t e r 's P eanut j a r o r ca n .
can .
s ir ?
17
in s id e th e b la c k bag when I
18
powdery su bstance and I
19
th e p re c e d in g .
20
i t was th e DEA a g e n t
V in c e who was on th e scene, and he to o k c o n t r o l o f i t
9
11
to o k th e b o w l, gave i t
a
Q
found i t .
T h is was a ls o
It
c o n ta in e d a brown
to ok charge o f i t
th e same as I d id
And was th e r e a ls o an FBI a g e n t who was in ch arg e a t th e
scene?
21
22
A
Y es, th e r e was.
23
Q
And who was th a t?
24
A
M a rk ,
25
Q
I
th in k h is name i s B a lla r d o r B e c k e r.
And th e l a s t P l a n t e r 's
can t h a t you i d e n t i f i e d ;
can you
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WALTON - DIRECT
t e l l me what you d id w it h t h a t ,
1
2
A
I
gave —
s ir ?
I gave b o th o f them , maybe i t was to M r. B e c k e r,
3
one o f th e ag en ts on th e scene,
4
c o n ta in e d — o r c o n te n ts o f th e c o n ta in e r s to ta k e charge
5
o f.
6
Q
A
Y es,
I b e lie v e M r. B ecker was and th e n M r. V in c e B a lb o ,
e v e r y t h in g .
10
Q
So one a g e n t was ke e p in g a lo g and th e o th e r a g e n t was
c o l l e c t i n g th e ite m s p h y s ic a lly ?
12
13
A
T h a t 's c o r r e c t .
14
Q
Would t h a t a ls o have been th e case w it h E x h i b it 36?
15
A
T h a t 's c o r r e c t .
16
Q
So who w ould have ta k e n charge o f th a t?
17
A
M r. B e c k e r.
18
Q
Thank yo u ,
A gent B ecker would have ta k e n ch arge o f t h a t .
s ir .
Were th e r e o th e r ite m s t h a t you s e iz e d t h a t day a s id e
19
from t h a t b la c k bag and i t s
20
c o n te n ts ,
s ir ?
21
A
Y es, th e r e was.
22
Q
What were some o f th e o th e r ite m s you s e iz e d ?
23
A
I
s e iz e d a m e ta l can and i t s
r e f e r to as a paper c u t t e r .
24
25
I
t h in k o f h is name, DEA a g e n t, was ke e p in g a re c o rd o f
9
11
Was th e r e one a g en t a t th e scene who was in charge o f
as sem b lin g evid en ce?
7
8
I gave him th e b u lk t h a t
Q
If
I may s to p you t h e r e .
c o n te n ts ,
I
s e iz e d a — w hat I
PDF Page 100
WALTON -
1
May I approach,
2
THE COURT:
3
MR.
4
Q
Your Honor?
You may.
BELLA:
Hand you w h a t ' s been marked f o r purposes o f i d e n t i f i c a t i o n
5
as Government E x h i b i t 7; ask i f
6
please,
7
A
Yes,
8
Q
What i s
9
A
I
It's
th at,
sir?
the paper c u t t e r t h a t I
11
MR. JACKSON:
12
THE WITNESS:
It
15
Q
And Government E x h i b i t 8 f o r
me what t h a t
A
18
19
7.
a t the top f o r a g u i d e .
MR. BELLA:
16
17
re fe rre d to.
7 c o u n s e l.
has a r u l e r a t t a c h e d to i t
14
that
can.
THE COURT:
A
you can i d e n t i f y
sir?
10
13
127
DIRECT
is ,
T h i s i s a photograph o f th e paper c u t t e r
And i s
can you t e l l
sir?
l a y i n g on th e f l o o r
Q
id e n tific a tio n ;
I
ju st
id e n tifie d
i n s i d e th e r e s i d e n c e .
t h a t an a c c u r a t e
r e p r e s e n t a t i o n o f how th e paper
20
c u t t e r appeared t o you a t the r e s i d e n c e a t 460 T a f t P la c e
21
t h a t day?
22
A
Yes,
23
Q
Hand you a l s o ,
24
25
it
is.
Mr. W a l t o n ,
E x h i b i t 9 and ask i f
A
Yes, I
can.
what's
been marked as Government
you can i d e n t i f y
t h a t f o r me, p l e a s e ?
PDF Page 101
128
WALTON - DIRECT
1
Q
What i s
2
A
It 's
th a t,
s ir ?
a m a n ila c o v e r, en velo p e t h a t c o n ta in e d p a p e rs ,
3
w rap p in g papers and such t h a t was found in s id e th e
4
r e s id e n c e .
5
Q
And E x h ib it 10 ; can you t e l l me w hat t h a t i s ,
6
A
It 's
a ph o to g rap h o f th e ite m t h a t I
s ir ?
ju s t id e n t if ie d
7
has been opened up, o u ts id e o f th e packag e, and i t
8
la y in g a p p ro x im a te ly where I
9
Q
10
And i s
th a t
is
found i t .
t h a t a ls o a c c u ra te and r e p r e s e n t t h a t scene as you
ob served i t
t h a t day?
11
A
It
12
Q
Hand you w h a t's been marked f o r purposes o f i d e n t i f i c a t i o n
does.
13
as Government E x h i b it 11; ask i f
14
p le a s e ?
15
A
Y es, I
16
Q
What i s
17
A
It 's
th a t,
can.
th a t,
a la r g e
Found t h i s
18
you can i d e n t i f y
s ir ?
round p ie c e o f g la s s o r p l a s t i c
g la s s ,
a ls o in th e re s id e n c e d u rin g th e s e a rc h .
19
Q
And where d id you f in d t h a t a t?
20
A
I b e lie v e t h i s was a ls o found in th e back p o rc h .
21
Q
A lon g w it h th e p aper c u t t e r and paper?
22
A
T h a t 's c o r r e c t .
23
Q
And th e bag t h a t you p r e v io u s ly i d e n t i f i e d ?
24
A
T h a t 's c o r r e c t .
25
Q
And Government E x h ib it 12 f o r i d e n t i f i c a t i o n ?
c le a r .
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