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(The following proceedings were had
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in open court in the presence of the
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Court, Counsel, the Defendant, and
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the Jury:)
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,
..
THE COURT:
We're back on the record.
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present.
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including the alternates are present.
The defendant is present.
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You may proceed, Counsel.
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MR. COOPER:
Yes, Your Honor.
Both counsel are
All of the jurors
Ask leave of court to
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interrupt Mr. Reynolds' testimony and to call two witnesses
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before I return to complete his testimony.
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THE COURT:
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MR. PETILLA:
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THE COURT:
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MR. COOPER:
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Any objection?
None, Your Honor.
You may proceed.
Thank you, Your Honor.
We'll call Josephina
Hernandez.
THE COURT:
Come forward, please, raise your right hand
and be sworn in.
THE CLERK:
Do you solemnly swear that the testimony you
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are about to give shall be the truth, the whole truth, and
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nothing but the truth so help you God?
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THE WITNESS:
I do.
(
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called as a witness by and on behalf
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of the Plaintiff, being first duly
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sworn, was examined and testified
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as follows:
THE WITNESS:
THE CLERK:
THE COURT:
THE WITNESS:
THE COURT:
MR.
(
COOPER:
everyone can hear you.
THE WITNESS:
THE COURT:
MR. COOPER:
You may proceed.
Thank you, Judge.
Okay.
BY MR. COOPER:
Q
Ms. Hernandez, thinking back to September of 1995,
where were you living at that time?
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A
At 2369 South Grace, Fresno.
Q
Okay.
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What's the nearest corner?
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A
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Grace.
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And what -- what streets are near there?
Q
What's the intersection?
The nearest intersection would be Belgravia and
Okay.
Is there any business that you can think of
that's close to your house?
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A
Rope.
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It's Fresno Wire
It's a big company.
Q
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There's a business in our alley.
Okay.
I'm going to ask you to take a look at a
diagram for the -- People's 50, Your Honor.
And thinking of your -- your house and the street South
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Grace and then the corner Belgravia and the alley and the
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business you mentioned, Fresno Wire Rope, tell me if this makes
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sense to you to show the street South Grace, the -- this block
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with 2369 as to show kind of like where your house would be,
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and then the alley and then the general location of Fresno Wire
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Rope.
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A
Yes, that makes sense.
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Q
Now in September on a Monday night, September the
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18th that turned into a Tuesday morning, September the 19th,
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were you at home that night?
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A
Yes, I was.
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Q
And about
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what time did you go to bed that night?
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A
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about 11:30.
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sleep.
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if you have any recollection, about
Q
I watched the news that night, so I went to bed at
It was very hot and humid.
I couldn't get to
But it was about 11:30.
Okay.
After going to bed, at any time do you
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remember your attention being drawn by any -- any kind of noise
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at all?
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A
Yes.
That was about 4 or 5 minutes 'til 12:00.
dogs were barking.
We have several dogs that watch our
The
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property.
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the dogs were barking.
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and noticed it was about 4 minutes to 12:00.
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anything, so I flipped them back off and went back to bed.
(
I flipped the switch on to the light
I didn't see
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Q
And what happened then, Ms. Hernandez?
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A
I barely had gone back to bed and started to shift
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..
And I kind of was shifting in bed and wondering why
in bed when I heard a gunshot.
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Q
Okay.
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A
Immediately after the gunshot, I heard a woman's
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voice and a loud voice scream, oh, my God, then pause and then
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twice again, oh, my God, oh, my God.
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Q
Now at that time were you in your
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A
Yes, I was in my bedroom.
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Q
Okay.
your bedroom
I kind of sat up .
And going back to the diagram, i f this is
--
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your house at the block here, 2369, and
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on South Grace, would the front of your house be towards the
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left side of the diagram?
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A
Exactly.
and your address is
This would be my -- my window would be
exactly right here facing Grace.
Q
And you're showing us sort -- as far as this little
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block goes in the lower left-hand corner facing left on the
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diagram?
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A
Exactly.
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Q
Now when you heard these sounds, from where you were
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in your bedroom, where did the sounds seem to be coming from as
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best you could tell?
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. ..
(
A
I thought they were coming from the street.
Fresno
it's all cement and
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Wire Rope has a big building and it's
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block.
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the diagram doesn't show it, there's a big giant wall so all
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the sounds bounce off there and it seems like it's coming from
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the front of the property.
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outside.
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couldn't see anything.
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rowdy.
This whole building almost comes to here.
I pUlled my shades.
Looked everYWhere.
Even though
I was looking
I could hear the dogs barking.
We have one neighbor that's kind of
I just assumed that -- that something was going on
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across the street.
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noticed he also peeked out and looked out.
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he's looking to see who heard the noise inside, his commotion.
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I didn't think anything of it after that.
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Q
I
While I was looking out the window, I
So I thought maybe
Now you say across the street and he looked out.
Where are you talking about?
A
Right across from us.
Exactly across.
Maybe just
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slightly over.
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looked out, and closed them, so I just assumed it was something
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going on in their home.
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Q
Okay.
But I could see he kind of pulled his shades,
Now after you heard these sounds and based on
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where you thought they were coming from, that night did you
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call the police to report what you heard?
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A
I did not.
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Q
The next morning at any time did you see any -- any
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I did not call the police.
policeman in the area?
A
Not in the morning.
But getting closer to midday I
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started noticing a lot of police officers out in our alley.
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noticed the gentlemen working at Fresno Wire Rope were on top
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of their roof looking down towards the alley.
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little small puppy who was acting very strange.
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barking at me and running out to the empty field, barking at me
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and running out to the empty field.
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anything of it.
He kept
Still I didn't think
Q
Okay.
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A
&t
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Q
For the record, Your Honor, a photograph, people's
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(,
And I have a
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I
51-A.
This photograph, Ms. Hernandez, 51-A, looking at it, can
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you tell me if to you -- do you see anything that you
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recognize?
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A
Well, this is my home.
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Q
Okay.
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A
That's the back wall you can see there behind this.
And you mentioned a wall.
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This would be my bedroom right here (indicating).
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right there.
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(indicating).
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bounced off to the front.
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Q
This wall
So evidently the body was found here
I kept looking forward.
Okay.
The sound was just
Now regarding the picture, to you is this
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picture an accurate picture of where that wall is looking from
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a spot in front of your house looking past your house and
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towards that wall?
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A
Exactly, yeah.
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'95; correct?
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No.
A
No.
The weeds were quite tall.
We had a lot
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of sunflowers and things had come up and they were very, very
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tall.
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not seen anything.
I could have easily been standing right here and still
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MR. COOPER:
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THE COURT:
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MR. PETILLA:
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(....
And this is not the way it looked in September of
Q
THE COURT:
They were up to any knees.
Move People's 51-A.
Any objection?
No, Your Honor.
51-A will be received.
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(Thereafter, Plaintiff's Exhibit Number
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51-A, A Photograph, was received into
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evidence. )
MR. COOPER:
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Q
Where would be your house in the
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photograph?
Now that it's in evidence and I can show the jury,
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can you show where your house is?
This is my home right here.
This is the porch,
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A
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front porch.
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I would have been looking forward and this is the big wall that
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almost comes to the end of my property.
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Q
Approximately right here would be my window which
Okay.
It's a long building.
And you were saying that back in September
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that there was -- before like I turned the picture around, you
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were saying there was tall weeds or sunflowers?
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A
Yeah.
This is a big empty lot next to our property
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and it had long tall weeds, some flowering bushes and what have
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you.
Typical empty lot.
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MR. COOPER:
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THE COURT:
May I, Judge?
Yes.
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(Thereafter, counsel displayed the
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photograph to the jury.)
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MR. COOPER:
Thank you.
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THE COURT:
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MR. PETILLA:
Cross.
Thank you, Your Honor.
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BY MR. PETILLA:
Q
You said you didn't see anything out there when you
looked except your neighbor?
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A
Right.
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Q
Now did you tell the police that you thought it was
To the front.
Yes.
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the neighbors because they often have gun and domestic
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disturbances?
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A
Yes, I did.
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Q
So you actually know your neighbor
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I did tell them that.
when you are
talking neighbor, are you talking about a guy or a woman?
A
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from us.
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neighbors.
It's a family that lives next -- across the street
We only have three houses on the block, so I have two
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Q
You actually know first-hand that they fire guns?
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A
Yes, on rowdy days they'll go out and fire the BB
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l
I have nothing further.
gun or shotgun or something out in the front.
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Q
What about a 45?
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A
No.
Nothing that big.
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Q
It's either a BB gun or a shotgun?
A ,_
Like what they call pellet guns.
Okay.
Pellet guns.
""-l,
)
Now did you -- did you hear two people
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trlking out there when you looked out?
j
A
/
I did not.
PETILLA:
J
I
All right.
No further questions, Your
Honor.
MR. COOPER:
NO questions.
THE COURT:
Thank you.
You may step down.
THE COURT:
Dr. Gopal is returning to the stand.
Doctor, the Court reminds you you're still under oath.
THE WITNESS:
Thank you, Your Honor.
VENU GOPAL
recalled as a witness by and on behalf
of the Plaintiff, having been previously
sworn, was examined and testified
as follows:
THE COURT:
MR. COOPER:
You may proceed.
Thank you, Judge.
BY MR. COOPER:
Q
Dr. Gopal, when you were here yesterday you
described your specialty and also your employer with the
coroner's office here in Fresno; correct?
A
That's correct.
Q
Now on September the 20th of 1995, did you perform