Text extracted via OCR from the original document. May contain errors from the scanning process.
Condcnsclt TM
JOHNSON v GUEVARA
IN THE UNITED STATES DIStRICT COURT
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JUAN JOKNSON,
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Plciintiff,
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vs.
No.
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RE¥NALDO GUEVARA dnd
<he c;ITY OF CHICAGO,
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OS c 1042
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Exam;lnation by:
Mr. Gardiner
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Defendants.
Reynaldo Guevara
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7.
Witness:
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I N D
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B
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The deposition of REl'NALDO_ GUEVARA,
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. by the Plaintitt tor examination
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called
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notice
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and pur£udr.t to the Federal Rules of civil
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Proceduz:e for the United States District Courts
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pertaining to the taking ·.of depositions-,' takEm
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before Cynthia A. Sink.cvicz, Certified sho.tthand
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Reporter and NOtary 'public within and for "the
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County of Cook and
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53 West Jackson
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·Illinois,· on the
fllinois, at
E X II I B I T S
Number
79
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Suite 950, Chicago,
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of Ma-rch 2007.
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GARDINER.KOCH & WEISBERG, by
MR.
THOMAS G.
DANIEL J.
222 North LaSalle Street, Suite 200
Chic-dgo, Illinois 60601
1312) 726-1180
un behalf of the plaintiff;
LTD.,
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550
12.
Itasca, Illinois 60143
(630). 735-3300
on behalf' of
defendants.
. (Witness sworn.).
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STOHR
JAME.S G. SOTOS " ASSOCIATES,
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called as a witness herein, having been first duly
4 sworn, was examined arid testifiea as follows:
GARDINER
"53 West Jdckson B6ulevard, Suite 950
Chicago, Il-l.inois 60604
1312) 362-0000
.:andLAW OFFICE OF DANIEL J. STOHR, by
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APPEARANCES:
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EXAMINATION
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BY
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MR. GARDINER:
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by
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Devon, suite 150
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STENO ·
JR-JJAMERICAN
044681
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Could you please state your name.
A. Reynaldo Guevara. That's G-u-e-v-a-r-a.
Q. Mr. Guevara, could you K:ll us your
educational background.
A. I have an Associate's Degree.
Q. Where did you receive that from?
A. Governor State.
Q. Okay. And what is it in?
A. Just in general.
Q. All right. And when did you receive that
degree?
A. Oh, Jesus. A long time ago. I can't even
you the day-- it's been so long-- because it
was correspondence.
Q. Okay. Could you tell us your employinent
prior to the Chicago Police Department.
A. Prior to the PoliceDepartment I was a
Q.
..
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JOHNSON v. GUEVARA
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refrigeration, heating and air-conditioning
serviceman .. _,
Q. When was that?
A. Way back when, too.
Q. You're not sure of the year?
A. (Shaking head.)
Q. Okay.
THE REPORTER:. Was that a "no"?
THE WITNESS: No. I don't remember the
year, but it was just before I went on the Force.
MS. EKL: If we could, just for a second,
Ray, because the court reporter is taking it down,
it's important for you to say "yes" or "no."
THE WITNESS: Yeah, I understand.
Q. You've testified before; right'?
A. Yes, I have.
Q. And you understand that the court reporter
needs to take down whatever you say and you need to
orally elicit the answer; right?
A. Right:
Q. Okay, If there are any questions you
don't
please let me know and I'll
rephrase them. Okay?
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All right.
Otherwise, I'll presume that you
understand the question.
A. Yes.
··
Q. All right. So you said you worked as a
heating and air-conditioning man?
A. Correct.
Q. Okay. Was that before or after you were
in the Air Force?
A. After.
Q. Okay. Ai1d you were in the Air Force for,
what, about a year?
A. Right. Correct
Q. And you were discharged because of a
medical condition -A: Yes, I was.
Q. -- related to your eye?
··
A. Generally, yeah.
Q. Okay. And that was a favorable discharge,
right, from the military?
A. Correct.
Q. What responsibilities did you have in the
military?
A. I was actually administrative.
A.
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STENO (312) 236-1414
JR-JJAMERICAN
044682
A.· Actually,
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And what did you administer?
nothing, to be honestwith you
really,
Q. You just had an administrative position,
but you didn't have an assignment to do.anything?
A. Correct. I was still going through basic
training.
Q. Okay. And then they discharged you after
thattime?
A. Correct.
Q. And then you became a heating
air-condilioning man?
A. That's correct.
<._>. And then afterthat you becatrle a police
officer?
A: Correct
Q. All right. Are you retired from the
Police Department. now?
A.· Yes, I am.
Q. What was the date of your retirement?
A. June 15 of last year.
Q. And what have you done since June 15th of
2006?
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c A. I work part-time for the Chicago Park
Q.
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District.
- Q. And what do you do for them?
A. Security.
Q. Where do you do security?
· A All over.
. Q, How did you obtain position as a person
doing security for the Chicago Park District?
A. I applied for it.
Q. And when you say "all over," all over the
City you do security?
A. All over the North R<:;giQJ!.
Q. And how many hours a week do you work?
A. 25 hours a week
Q. Do you have any other current ernployinent?
A. No, I do not.
Q. Do you work days or nights?
A. It varies.
Q. And how many years did you have with the
Police Department at the time that you retired?
A. 32 years.
Q. Now I want to direct your attention to the
time that you joined the Police Department. So
that would havebeen in 1974?
A. '73.
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Okay. And did you have training atthat
time(
A. Yes, I did.
Q. And what training did you have?
A.· Police training, basic training, police
procedures.
Q, _And how long was the training that you
had?
..
A. I think about nine, ten weeks. I don't
remember exactly.
Q:· Okay. Did you have training relating to
lineup procedures?
A. Yes, afterwards I did.
Q. So after the basic training you had that?
A. No.
Q. When did you have lineup procedure
training?
A. When I went to detective school.
Q. Okay. And.how about interrogation
training, did you have that?
A. Yes.
Q. \Vhen .did you have that?
A. During and after I went to detective
school.
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I don't understand that question.
2 · ·'" Q."'Ratl'you acquired knowledge about gangs
3 prior to becoming a Gang Crime specialist?
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A. I still don't understand.
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Q. All right. Before you became a Gang Crime
6 specialist did you have knowkdge about gangs? .
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A. Yes, I did.
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Q. Okay. What knowledge did you have about
· 9 gangs?
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A From the street. I grew up in the City of
11 ·chicago and-the streets basically were the gangs.
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Q. And what gangs were you knowledgeable
13 about at the time that you became a Gang Crime
14 ··. specialist?
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A I was knowledgeable about the Cobras; I
16 was knowledgeable about the Disciples; I was ·
17 knowledgeable about the Latin Kings; I was
18 · knowledgeable about the Latin Eagles; I was
19· knowledgeable about the Latin Dragons and so-forth.
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Q. Okay. You were knowledgeable about all
21 gangs that were at a particular location in the
22 City?
2-J.
A Yeah. Mainly in the Humboldt Park area.
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Q. Okay. And you gained that experience and
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Q. Okay. Now, youofiginally started'·a:s a
beat Officer?
A. Correct.
Q. All right. And what was your assignment?
A Atfirst I was assigned to the 17th
District, and from there I went to -- I believe it
was the 23r:d District, and from there I believe I
went to 13 and then I went to Gang Crimes.
Q. Do you know when you went to Gang Crimes?
A. No, I don't remember.
Q. Were you a detective before or after you
went to Gang Crimes?
A. After.
Q. Okay. So you started in Garrg Crimes as
justa regular police officer?
A No, I was a Gang Crime specialist.
Q. Okay. How did you get to become a.Gang
Crime
A. Oh. You had an interview -- you had to
have an interview with a commander at that time,
and your knowledge on gangs.
Q. Okay. Had you acquired knowledge on gangs
p[iortothc time you_became a Gang Crime·
specialist?
ST,ENO. (312) 236-1414
JR-JJAMERICAN
044683
JOHNSON v. GUEVARA
A
Page 12
1 that knowledge relating to thdse gangs because of
2 serving as an officer in that area?
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A. Plus, I grew up in the area,
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Q. Okay. And you were aware before becoming
5 a Gang Crime specialist about what gang rivalries
6 there were?
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MS. EKL: Objection. Form of the
8 question.
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THE WITNESS: I don't understand the
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Q. Okay. From your knowledge of gangs, sonie
gangs don't get along with other gangs; right?
A True.
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"' Q. You were aware of that information when
16 you .became -17
A. Yes, I
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Q. Okay. So you became a Gang Crime
19 specialist and then what responsibilities did you
20 have that were different from your prior
21 responsibilities as a beat officer?
A As a Gang Crime specialist I had to
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23 follow up on gangs, the members, what they do,
24 where they hang around at,
their girlfriends
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·.are, who they hang around with, who do they rival
2 _. :wjtq, whQ are they .allied with and .SO fortl}.
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Q. So how would you get that information?
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A. Through them.
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Q. So by talking to the gang members?
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A. True.
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. Q. Okay. And _why would the gang members give:;
8 you that information?
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MS. EKL: objection. Fonn of the
10 question.
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THE WITNESS: They always do regardless.
12 BY MR. GARDINER:
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Q. Okay. But my question is, why?
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MS. EKL: same objection.
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THE WITNESS: You would have to ask them.
16 Because they talk.
17 BY MR. GARDINER:
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you" were the person that asked them;
19 right?
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A. Yes.
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MS. EKL: objection. Argumentative.
22 BY MR. GARDINER:
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Q. And they would talk to you. Is there a
24 reason you felt that they were willing to talk to
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JOHNSON v. GUEVARA
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would frequently talk to me.
Q. Okay. And with those-confidentia,l. ,
informants did you develop files on those people or
not?
A As a Gang Crime spe<;ialist you are
supposed to make synoptic reports, and in those
reports you would have to. put downwhat you have
learned from them.
Q. Okay. And would you put down the source
of the information that you learned from them, too?
A Y
would put down the information that
they gave you.
Q. Okay. But would you put down who gave you
· that inforination in the report?
..
A No.
Q. Okay. And what would you do with those
reports?
A They wete submitted to the office.
Q. To the office of... '? .
A. To the Department, Gang Crimes office.
Q. Okay. Would you take pictures of gang
members as well?
A Only when they were arrested.
Q. You wouldn't take pictures of gang members
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you as opposed to any other person'?
A. Basically they talk to anyone really.
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Q. Okay. Audas a Gang Crime.specialistand
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officer for 32 years, do you have any
5 feeling or belief as to why they would talk to
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A I believe they would talk to anybody just
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Q. Okay. So you would talk to the gang
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A True.
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. Q. And would you need to do anything to
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Q. Was there any benefit you would have to
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A No.
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Q. Did you have. confidential informants as a
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A. Yes.
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Q. All right. And what types of confidential
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A. Members that belong to the same gang who
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STENO (312) 236-1414
JR-JJAMERICAN
044684
on the street?
A. No.
Q. And youwouldn't ask gang members to step
forward.so you could take a picture and keep it in
· yollrfi1e'?
A. No .
Q. So when you had certain -- there were
books of gangmembers; right'?
A Correct.
Q. And you would maintain those books or were
they maintained at the Area at which you were
assigned?
A. They were at the Area.
Q. Were those books only of people that'had
been arrested?
A. Notnecessarily.
Q. So how would people that were not arrested
get in the gang picture books'?
A. They volunteer, I gl\ess.
Q. So gang members would volunteer to be in a
book that would be used to allow people to pick out
potential defendants?
A. Thcy.volunteer to get into their own·gang
books.
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And wh'at was the reason for that?
MS, E{(L: Objection. Calls for
speculation:
THE WITNESS: I have I)O idea.
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So these gang books would have more tha11
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just people 'that were arrested; right?
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A.. That's true.
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Q. It would have more than people that were
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convicted; right?
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·A. Yes.
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Q. All right. A..nd you would-- \vould You ··
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ever take pictures that would be included in these
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Gang Crime books or would it always be. people at
the lockup or the picture taking places?
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Q. Confidential informants.
A. No. I would take pictures of the people
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A. Correct.
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Q. Okay. There's a-- well, let me ask you.
that 1 have arrested.
Gang Book descriptions
Q. Woul&you carry a camera with you?
18
After you became a Gang Critne specialist
· 19 what did,you do next?
A. No.
Q. So where would you take pictures of the
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A. We just investigate gang incid.ents.
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people thai you arrested?
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Q. Would you investigate homicides as a Gang
A. At the.Area .
22 Crime specialist?
Q. So when they would come in after your
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A. I would help with the detectives on the
arrest you would take a picture of them?
24 investigations of the homicides if they were
Q.
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A.
correct.
Would you take Polaroid pictures?
Yes.
Q. Would .you write the name of the person
that-·you were taking a picture· of ?n the PolarOid :
picture?
A. No, on the back.
Q. Okay. And what would you do with the
pictures then after you took them?
A. They would be filed.
Q. And that would be filed at the Area?
A Right.
Q. Now you mentioned that there were reports
relating to· confidential infonmints and that you
didn't indicate who the confidential infonnant was
on thereports that you filed; right?.
A. Right.
Q. On those confidential infonnant reports
how would you go back and know what source gave you
the infonnation?
A. I would know.
Q. You would just remember?
A.
Yes.
Q. And was that true throughout the 30 years
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A.
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044685
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that you were an officer?
A Well, at .one point in timel stopped
working with the gangs.
Q. Okay. When was that?
A. When I became a dick assigned to homicide
investigations only.
Q. When was that?
A. 1990I believe it was.
Q: Okay. But between the time of roughly -was it 19- -- well, between the time you were
assigned as a Gang Ctin1c specialist in 1990, you
would have these reports, but you wouldn't keep any
names on them; right?
A.. Of the ... ?
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gang-related.
Q. All right. So you would help another
officer who was a detective handling homicides?
A. Correct.
Q. All right. Ana then you became a
detective at some point; right?
A. Yes.
Q. And that was before 1989; right?
A. After 1989.
Q. Oh. After '89 ·you became a detective?
A. Correct.
Q. Okay. So as ofSeptember ofl989, you
weren't a detective and you wo1,Ild assist on
homicides; is that right?
.'
A. That's correct.
Q. So how were you assigned to work on a
homicide case?
A. Depending on the gang that was involved
with it.
Q. Who would assign you?
A. We would be assigned by a sergeant of the
Gang. Crime Unit.
Q. I sec. Okay.
And then therR were particular gangs that
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Not
everybody
you
would
do
but,
you
know
...
you were more knowledgeable about and you- would be
2.
Q. Well; I understand that thatwas the goal, ···
assignc:;d to
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3 but I'm interested in what they taught you. How
A. Yes.
Q. And what gangs were the gangs that you
4 would you approach someone? How would you gain
were more knowledgeable about around the time of
5 their confidence?
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MS. EKL: JUst for clarification, Counsel,
1989?
A..Iwas knowledgeable about
gangs that
.7 are you asking how-- specifically howJhcy trained
.8 him to approach people?
were in the area of Humboldt Park.
Q .. Okay. And Latin Kings would be one of
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MR. GARDINER: Yes. Right.
those gangs; right?
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MS. EKL: Okay.
'11
THE·wrrNESS: It's-- I'mean; thcyjust
A Latin Kings would be; the Urtknowns would
12 tell, you -know, when you approach somebody,
be; Disciples.; Cobras.
Q. Okay. The Latin-type gangs, would that
13
a suspect or smnebody you are talking
encompass your knowlt:dge or would· it expand beYond 14 · to, a member of anything; witnesses in. there, you
15 approach them, ask them their name, what they do
that?
16 and so forth, and just keep on talking with them,
.MS. EKL: objection. Form of the
17 talking about anything they want to talk about.
question.
THE WITNESS: It expand beyond that. _
18. BY MR. GARDINER:
19
Q. Okay. Ana that would be how you would do
Q. Okay. So you said that during the -- once
20 interviews of suspected murderers, too?
21
A Of anybody.
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you became a detective there was trainirigthat you
22
Q.
And
you
mentioned
you had training
received in connection with interrogating people;
right?
23 relating to lineup procedures once you became -24 once you were in Gang Crimes; right?
A. Yes.
Page
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Q. Could you describe the training that you
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received.
A. Bow to approach people, what to ask them.
Q.. .Okay .. How were you to approach people?
4
A
Different
gain their confidence.
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Q. Okay. So the training that you received
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7 on interrogation was Jhat
gain their
8 confidence by doing what?
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A. Chatting with ther.n, talking, you know, and
10 BS'ing with them, I would say.
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Q. Okay. So it was being friendly?
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A Correct
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Q. And was there any training to you relating
14 to interrogation about not being friendly?
15 ·
MS. EKL: objection. Form of the
16 question.
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-niE WITNESS: It's just the training.
18 Regardless whether it's friendly or unfriendly, you
19 ·know, it's basically the same.
20 BY MR. GARDINER:
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· Q. And what is the-- tell me what is same.
22 What is the training that you had?
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"':· Again, how to a,pptoach people, how to. talk
24 to them, and to gain their trust and confidence.
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A. Yes.
Q. All right: Could you tell us what the
training was relating to lineup procedures.
· A. A lineup training consisted of how to pick
the people-- they're fillers in the lineup -based on race, based on age, height and weight.
you bring them in abel you let the suspect pick
their spot. You don't tell him, You stand here or.
you stand there.. You have him pick his spot. And
then from there, after the lineup, you would have
to get somebody to come and take a photo of the
lineup. And then you make your lineup reports and
move on.
Q. Was there training regarding the number of
people that should be in a lineup?
A. Yes, there is. Depending on the case,
type of the case.
Q. So for a homicide case ... ?
A For a homicide, no less than five.
Q. Okay. And were there rules pertaining to
how. many suspects could be in a lineup?
A. No.
Q. So a lineup could -- if there were five
suspects in a murqer, you could have all five in ·
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· the same. lineup?
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A. No. No. CoiUI11on sense will tell you if
you
got
five
suspects
for
a
lineup,
you
are
going
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Q. Okay. And if you have two suspects for a
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A. You can get three, you can get four,
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8 .. \Vhatever you. can find.
Q. Well, I'mjust saying-- what I'm
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10 saying -- I'm drawing a distinction between
11 suspects in the case and I guess what you would
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12 ·call the fillers; right?
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A. Right.
14 · · Q. If you
in whicn two people
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15 were suspected of murder in the course of your
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16 investigation, how many of the suspects would you.
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17 put in the lineup and how many of the fillers would
17
18
18 you put in?
19
19
A. If there's two, usually we put either
20 three,four or f.ive, as long as there's five
20
21 participants in the lineup.
21
22 .. Q. But you could have two suspects in the
22
23
23 same lineup?
24
24
A. Yes.
Page 27
1
..
JOHNSON v. GUEVARA
Q; But after all your years of experience you don't have an idea on why somebody would voJunteer
to be in the lineup?
A. No .
MS. EKL:
Argumentative.
THE. WITNESS: No..
So you would be able to go out on the
street and get some volunteers for a lineup
whenever you needed to? ·
··
A. Yes.
Q. Now, did you also learn about photo array
presentations in your training? ·
A. Yes.
Q. Could you tell us how a photo·array i's ·
done.
A. A photo array is basically done thesame
way as a lineup. The only difference is it's just
photos.
Q. So.yo4,.w:o.uld pull a number of photos
depending on the type of case?
A. Correct.
Q. So for a murder case it would be at least
Q.
Page 26
Q. Okay> And then you follow the other
procedures that you mentioned with the
3 documentation?
4
A. Correct.
.5 •
Q. And how does a person view the lineup
6 under the rules as you were trained?
7
A. It's a
mirror. There's two rooms;
8 one room is where you put the suspects in and the
9 fillers; the other room is where the witness will
I o view the lineup from.
II
Q. And how do you obtain the fillers?
-12
A. The first step you take is you go to the ·
13 lockup and see if there's anyone fitting the
14 description; how many they got there_. If you don't ·
15 find any in the lockup, then you go.out on the
16 street and you ask people to fill in.
17
Q. To fill in as volunteers?
18
A. Yes:
19
Q. So why would someone volunteerto be in
20 the lineup?
21
MS. EKL,: objection. Calls for
22 . s_peculation.
23
THE_ WITNESS: They do-it all the time. 1
24 have no idea, but they do.
-
Page 28
1
I
five?
2
2
A. At least five, six; it all depends
many.
Q. All right. And then you would show
that -- you would show those pictures to the
victim?
A. You would show those pictures to the ·
witnesses.
Q. Okay. And you would try to meet the
same -- the same criteria as you mentioned for a
live lineup, which would be that there should be
similarity between the traits of the people in the
photo array and the suspect?
That's correct.
Q. Now how about showing picture books of
gang members, would you do that sometimes?
A. All the time.
Q. All right. Who would you show those to?
A To,the witi1esses.
Q. And would you show entire books' to
witnesses?
A. I would give them a book, let them go ·.
through the book..
·
Q. How many people would be in one of your
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JOHNSON v. GUEVARA
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Page 29
1
Q. All right. And you would bring -gang books?
2 sometimes would you use those picture books that
A .. Anywhere from 20 to.}OO.
3 you would make yourself and show people those
Q. And where were those Gang Crime books
4 picture books?
kept?
A. At the office of Gang Crimes.
5
A. Yes.
Q. Could you take the books out of the office
Q. So those weren't really the official
6
of Gang Crimes and go out on -the street and show
7 picture books of the. Area, they were more the8 . Guevara picture books?
people?
A. The only way you could take those books
9
A: Right.
out is if the State's Attorney's Office will
Q. And you would put those together based on
10
11 , the particular investigation that you were doing?
subpoena them, and then there will be one officer
12
A. No.
. be together basecr·on the -·
that will bring #.:i!1 there.
<
Q. But you couldn't take a Gang Crimes'· · '
13 gangs.
_
picture book of gang members out in the field? :
14
Q. So did you havea set ofpicture books for
15 the Spanish Cobras that were the Guevara picture
A. No.
16 books?
Q. All right. Could you remove picture!:) from
17
A We would have individual photos of them.
the gang picture book and take those -- take five
18 Sometimes they take two photos. One goes into the
pictures out in· the field?_
19
book, and whoever the officer is keeps the other
A. Nope.
20 one and that's how they build up.
Q. So you couldn't do a photo array outside
21
Q. So you would have your own book of Spanish
of the area at which you worked?
22 Cobras
right?A. Qh, yes; you could. ·
·A I would have some pictures of them.
23
Q. Okay.
Q. And you would have your own book of
24
A. Did I ever do it? No.
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---
Okay. So detectives and officers couid ·
take pictures out, but you never would follow that
procedure?
A Not of the
not out of the books.
Q. Would you take other pictures out to the
field to show people?
A Yes. You can look in boxes to sec if you
they're at, and, yes,
find any
you can take them.
Q. So pictures that are outside the book; is
that what you are talking about?
A. That's correct
'· · ·
Q. So there would be other pictures outside
the book at the Area? You+could gather those and
bring those-out to the field?
A. There were boxes of them.
Q. Okay. Hut yoi.1 could do that?
A You· could do that, yes.
Q. You wouldn't ever bring those books out?
A Not the books.
Q. And you wouldn't-- would you ever make
your own ljttle book based on the other pictures
that were in boxes?
A Ycs, I had.
1
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Latin Kings, for instance?
A Latin Kings, Spanish Eagles, you know,
Latjn Eagles, all of them. Yeah, 1 would havesome.
Q. All nght. Why is it that you retired
\
from the Police Department?
\
A Because I was going to get kicked out if
didn't.
_
·· ·
t
Q. And why were you going to get kicked out I
A Because of the age.
Q. And what -- is there an age limitation
then?
··
A Yes, there is.
Q. All right. And what is the age
limitation?
A The af!e is fi1
Q. Was there any other reason that you left
the Police Department?
A No.
Q. You haven't had any criminal convictions
yourself, have you? ·
A No.
Q_. Did anyone within the Police Department
encourage you to retire for reasons other than your
Page 29 - Page 32
.
1
age?
CondenseltrM
Page35
1
No.
2
2
A ..
3
Q. Do you know a person named Juan Johnson?.
3
4
A. .Juan
4
5
Q. Uh-huh.
Johnson?
5
Yes.
7
Q. How do you know that person?
8
A. I, knew him from the street. He's a gang
9 member from the Spanish Cobras -- from the Cobras.
10
Q. When did you first know Juan Johnson?
II ·
A. I knew Juan Johnson whet1 he first
12 started -- when they first started hanging around
13 on the streets over there.
14
Q. So how old do you think he was?·
15
A. He was young, yery young.
16
Q. A teenager or younger than that?
17
A. Yes, teenager.
18
Q. )3-, 14-year-old?
19
A. Probably. You know, !couldn't tell you
20 their age.
21
Q. And what -- prior to September 9, 1989,
22 what knowledge did you have of.Juan Johnson other
23 than that he was a gang member?
24
A. That he was a dope dealer.
6
JOHNSON v. GUEVARA
PageJ3 ··
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A.
7
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16.
17
is19
20
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·the time?
A. They never move. They always do it in the
same spot.
Q. Did you ever arrest him?
A. I can't tell you exactly that I did or not
because I don't remember if I did arrest him prior
to that.
Q. Okay. You may have, but you are. not sure?
A. May have.
Q. Whywould you not have arrested him if you
knew he was selling drugs there?
'
A. Selling and proving it, they are two
different things.
Q. So even though you wouldobserve him
selling drugs, you felt that you couldn't prove
cases against him?
A. Yeah.
Q. He would be the person actm1lly selling
. the drugs, though, when you would observe him?
A He would be one of them.
Q. All right. Did you ever do an undercover
buy with Juan Johnson?
A. Never did a buy.
Q. Was there a reason that you never did an
Page 34
Page 36
1
Q. And what dope did he sell?
1
2
A Dope.
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12.
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Q. And do you know what particular drugs he
sold?
A He sold all kinds of them.
Q. So he sold marijuana?
A He sold marijuana, sold coke, sold -whatever he would sell.
· Q. And do you know what-- what years did you
observe him selling drugs?
A. In the years that I had been a police
officer, I've knownJuanJohnson and his brother·
and other guys that were sitting around there
standing on the comer selling their little bags.
Q. Okay. How many. years did you see
Juan Johnson on the corner selling bags before
1989?
A. Oh, I couldn't tell you. Many years.
. Q, }Je was -- if I tell you.:-- I think he was
19 or so in 1989. So how many years do you think
you had seen him selling drugs?
A Figure at least four or five years, around
there, something like that. I don't know exactly. ·
Q. bid he sell the drugs at the same area all
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·undercover buy with him?
A. I never did a buy. In fact, l never did a
buy in the Police Department in my career.
Q. All right. But you could have facilitated
an undercover buy; right?
A. Yes, but not with them. They knew me.
Q. All right. But you could have had another
officer come in and do a buy undercover; right?
A. Yeah.
Q. Why didn't you do that with Juan Johnson?
A. Never did it. I have no idea, but I never
did it.
"
Q. You don't know why you didn't do
it?
No. Never did it.
15
Q. And did you do it with any-body at the·
16 location at which you would sec Juan Johnson
l7 selling drugs?
18
A. No.
19,
Q. And you don'tknow of any reason why you
20 wouldn't have done that?
21
A. No.
22
Q. What location would you see Juan Johnson ·
23 · selling drugs at?
24
A. He. would be -- actually, he would be. on
14
A.
Page 33 - Page 36
..
JOHNSON v. GUEVARA
CondenseltrM
Pagc37
1 Campbell, Artesian,'fromNorth Avenue toLe Moyne
.2 · 'lnd back, back and. forth from that area. They!re
3 . always there. Always in front of the restaurant
4 there. Evie's I believe was the name of it.
5
Q. How do you know what drugs he was selling?
6
A. I don't. I'm just saying they were
7 dealing all kinds of dope.
8
Q. Now you're presuming he sold all types of
9 dope-10
A. Right.
ll· · Q. --but you don't know what he was actually
'
12 selling?
A.
I
don't
know
because
I never got any from
13
t4 him.
Q. And what do you know about Juan Johnson
15
16, . other than that he sold drugs. at various locations?
A. That he was a member of the Spanish
17
18 Cobras.
Q. And do· you know what positions he had
19
20 within the Spanish Cobras?
A. At that time, he was up. I don't know
21
22 what -- the exact position that. he carried, but he
23 was up.
Q. How did you know that?
24
Page 39
'
A. He would talk to me. J don't think he
ever did gave me any infonnation. ·
3
Q. Okay. And the brother that you are
"
4 talking about is Henry Johnson; right?
5
A. Corre.ct.
6
Q. Would you speak with him as well?
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A.
Yes .._
Q. All right. And would he tell you
information?
A. I don't think either one of them have ever
given me any information regarding anything.
Q: All right. Now, while they were there you
said there were other guys with them; right?
A.
Yes.
-
·
Q. Could you tell us the names of the other
people that you would see?
A. No.
Q. Is that because you can't remember them?
A. That's right. I can't remember them. --Q. Did you know their names at the time?
A. Basically by their nicknames is what I
would say.
Q. And do you remember the nicknames of the
peoplethat would be with the Johnson brothers?
Page 40
From the gangbangers.
Q. Just the people that you would speak to on
2
3 the street?
A. Yeah. They're members. They're all
4
. 5 . ·members.
Q. And they would tell you that Juan
6
7 Johnson -8
A. They would say who is the higher-up.
9
Q. Before September 9th ofl989, how many
10 times did you have a conversation with Juan
·:.
11 Johnson?
-12. .. A: Oh, 1 can't answer that.- l·used to have
13 conversations with him and his brother a lot of
14 times. Every time I drove by he's standing on the
15 corner
I pulled over and talked to him.
16
Q. And he would be selling drugs on the
17- corner?
18
A. Whether at that particular time if he was
19 _ selling or not, have no idea.
..
20
Q. Okay. But you would pull over and talk to
21 him about what?
22
A. Just chat with him.
23
Q. And .he would talkto you and 'give you
24 infonnation?
1
.
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STENO- (312) 236-1414JR-JJAMERICAN
044690
right now I don't.
2
Q. Did you ever warn Juan Johnson about his
3 involvementwith the gang?
4
MS. EKL: objection. · Form of the
5 question .
Q,
THE WITNESS: I don't think so.
1
A.
7
8
Did you ever tell Juan Johnson that he
would be dead or in jail by the time he was 21?
A. I don't think I ever did tell him that. I
don't think so.
" Q. Did 'ydu ever tell Jiiah Johnson tinltiehe;,
would spend time in prison?
A: No;
Q. Did you have a concern about the Spanish
Cobras more than any other gang?
A. No.· I treated them all alike.
Q. Andhow did you treat them?
A. The same way.
Q. And how was that?
A. I talked to them. If they messed up, they
would go to jail. And just as simple as that.
Q. Would you make drug arrests when you were
in the Gang Crimes Unit?
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Q.
Page 37- Page 40
CondenseIt ™
Page 41
1
Oh, I have.
2
Q. You have?
A. Yes, I have.
3
Q. And how many drug arrests would you make
4
in, say -- say 1989?
5
A. Probably none.
6
Q. And why was that?
7
A. I don't remember how many drug arrests
8
that I ever made in my 32 years.
9
Q. Do you have a general idea of how many
10
arrests you would have made over the years before
11
12
1989?
..
A. No, I do not.
13
Q. Do you know whether you would have made
i4
more than 20 drug arrests during the years prior to
15
16
1989?.
A. No, I do not.
17
Q. It could have been less than that?
18
19
A. It c;ould have been less; it could have
20
been more. I have no idea.
Q. Do you know a person named Jose Negron?
21
·A. Jose Negron?
22
23
Q. Yes.
24
A. I don't recall.
A.
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Page 42
Do you know a
g6es by Blankito
or Blanko?
A Yeah, I know Blankito.
Q. All right. What is his name?
A. Gee, I don't know right now. I dori't
think it's Jose though.
Q. His last name is Negron?
A I think so.
Q. Oka)< How do you know him?
A. From the street. He was a gangbanger,
too.
· Q.·What gang was hewith?··
··
A Oh; I don't remember right now what gimg
he was with; but he was a·Folks -- he was with the
Folks.
Q. You don't know if he was a Spanish Cobra
or not?
A. He could have been a Spanish Cobra. He
could have been a Campbell Boy. He could.
been
a Disciple; I don't know. But I know he was a
gangbanger.
Q. Okay. And you know that from word o? the
street?
A. Yes.
..
Q.
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JOHNSON v. GUEVARA
Page 43
Did you have a relationship with his
mother?
A. No, I didn't.
Q. Did you kno.w his mother?
A. Yes, I did.
Q. And what is his mother's name?
. A I have no idea what his
name is
right now ..
Q.. And how did you know his mother?
A. From the street.
Q. Did you ever spend time at the place tnat
his mother lived at?
A No, I did hot.
Q .. Did you
any involvement in raising
Mr. Negron?
A. No, I did not.
Q. Did you have any involvement in any case
involving Mr. Negron?
. . A That I can recall? Maybe I havo, but I
don't remember.
Q. And you had no involvement in his plea of
guilty to acriminal case?
A. No, I don't-- or, no, I didn't.
Q. Mr. Negron is currently serving a
Q.
Page 44
substantial sentence in Pennsylvania. Were you
aware of that before today?
A. Nope.
Q. Were you involved in any serious
offense -- or arrest of an offense in which
Mr. Negron was arrested?
A. I don't recall I ever been involved in any
with him.
Q. You've never been-- have you-ever told
Juan Johnson or anyone else that you were upset
with the Spanish Cobras because they were ruining
the ·life of Mr. Negron?
A. No, sir.
Q. Have you everblamed the SparilshCobras
for Mr. Negron being involved in criminal activity?
A. No, sir.
Q. Now, prior tci September 9, 1989, you
mentioned that you !)ad numerous conversations with
Juan Johnson; right?
A Not just one, every gangbanger on the
street.
Q. I understand, but my question is limited
to Juan Johnson.
Prior to September 9th of ,1989 you had had _
··Page 41 -Page 44
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CondenseIt rM
Page 45
Page 47
ntm1erous conversations with him over the years;
1
Q. Okay.· Soyou don't know what gang Hector
right?·
2 · Franco was in in 1989?
.
A. I'm sure I did, yeah.
3
A. No. Could have been the Eagles. I have
Q. Are there any particular conversations .
4 no idea. I don'tremember.
that you can recall and tell us about that you had
5
Q. Did you have conversations with him prior
with Juan Johnson prior to September 9, 1989?
6 to September 9', 1989?
A. No.
.7
A. I believe I talked to all ofthose guys on .
Q. And the nature of .your
were
8 occasions.
the kind of conversations youmentioned before,
9
Q. And when you would talk to them, that was
which was, how are you doing, what's going on,
10 just to get infonnation?
things like that; right?
11
A To see what was going
yes.
A. Correct.
12
Q. Vv11at would you do with the infom1ation?
Q. You didn't have-- prior to September 9,
13
A. I would keep it to myself., Unless it was.
1989, you didn't have anysubstantiveconversation
14 real, real important,
put' it on asyti6ptic
with Juan J ohuson about crime; is that right?
15 report.
Q. Okay. And those synoptic reports were· ·
16
17 turned in then to your Area?
have any substantive conversation· with Henry
18 .
A. Correct.
Johnson about crime;is that right?. ..
19
. Q. But would you use the information to deal
20 with crimes?
A. That's correct. I don't think so.
Q. Can you tell us any conversation that you
21
A. Sure. It was used -- it was based on
had with Henry Johnson prior to SepteiUber 9, 1989? ·22 cnmes, sure;
A. No.
23
Q. So you would talk to these gang members to
Q. Do you know a person named Hector Franco?
24 obtain information for what purpose?
on,
Page46
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24
JOHNSON v. GUEVARA
Now. I know that yeah, I know Hector ·
Franco now.
.
.
. Q. Did you know that person. prior to
September 9, 1989'?
A. Sure.
Q. How did you know him?
A. He was a gangbanger, too.
Q. What gang was he a member of?
A. On,Tcari't remember. I don't remember
what gang he was in, but he was in he could have
been an . Eagle -- I mean,
I have no idea -- but at
.
that time they werc·all together; the Cobras; the
Disciples, they were all together. They were all
·the same ally.
Q. Were the Disciples part of the Folks?
A. Yes.
Q. So the Latin Kings and the Spanish Cobras
were together, they were allies; is that what
you're saying?
A. No, noUhe Latin Kings.
Q. Oh. I'm sorry.
The Latin Eagles and the Spanish Cobras
were allies?
A. Yes.
A.
. .
.
.
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Page 48
To gaintheir knowledge: as to what they .
I
.
.
2 are doing and what they are about and what's going
3 . on or what's going to happen.
4
Q. And then what would ybu do if you found
5 out what's go'ing to happen?
6
A. Well, I would keep my eyes open for one.
7
Q. Okay. And would you intervene and go to
8 another crime -- another gang
and say, I
9 understand this is going to happen, I'm on to you?
10
A No.
11
Q. Okay. What would you do.if you were told
'12 something was going to happei1'?
13
A Obviously, I would wait till it happen.
14
Q. And then you would make
arrest or · ·
15 attempt to make an arrest?
16'
A Then I would investigate as to who did it.
17
Q. So if a gang member were to say that
L8 somebody was going to be violated or somebody was
19 . going to be killed, what would you do with that
20 ·. infonnation?
21
: A. Well, first of all, they will not tell me
22 who is going to be violated.
23
"Q. Okay.
24
A. That information, they Wol}ld never give it
1
A.
Page 45 - Page 48
Condenselt ™
JOHNSON v. GUEVARA
·Page 49
Page 51
1
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out.
2
: Q ..
3
you?
4
If there's
made, it was going
4
5
to be known by me after it was already made.
. Q. Okay. And if-you had information that a
6
murder
wasgoingto
take place, what wouldyou
do
7
. .
.
8
with.that information?
A. Oh, I would try to prevent it. Sure.
9
Q. So you can't recall any specific
10
conversations ·you had with Hector Franco, but you
11
probably had conversations with him; right?
12
13
· A. Correct.
14
Q. And you probably had co·nversa'tioris witlt •.
15
him before September 9th of 19 89; right?
16
. A. Probably ..
Q. Do you know a person named Pedro Cordero?.
... . 17
A. If I'm
not
mistaken-I
think
that's
one
18
.
.
of. the guys .that Lan:ested, ifl'm'not mistaken .....·
19
Q. Did you know him prior to September 9,
26'
21
1989?
A. I don't think.so, no.
22
Q. All right. His nickname was Stony. Does
23
that ring a bell for you?
24
Okay, What information would they give
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A. No.
Q. So you don't recall any conversations or
knowledge that you would have had of Pedro Cordero
before that time?
A. No.
Q. How about Samuel Perez, did you know him?
A. Yes, I did.
Q. He had a nickname?
A. Yes.
Q. What was his nickname?
A. Spanky.
.
Q. How did you---·you knew him prior to
September 9, 1989?
.. A I knew
was ·a little boy.
Q. And how did you
him?
A. From the street.
Q. And what could you tell us about
Samuel Perez?
A. That he. was agangbanger or he still is.
I. have no idea if he still is or not.
Q. Okay. What gang was he a member of?
A I think he was an Eagle, if I'm not
mistaken. Tthink he was an Eagle.
Q. Did you have frequent contact with him? .
STENO · (312) 236-1414
JR-JJAMERICAN
044693
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A I believe I arrested Spanky, too, ifl
recalL I believe I had. · · .··
Q. Do you know what you arrested him for?
A. No. I c11n't tell you-that because !don't
remember.·
Q .. Okay. Did you have conversations with him
since he was a little boy?.
A I had conversations with him often; you
know, see him, talk to him, stop and talk to him
just like every other gangbanger.
Q. And you arrested' him one time you think?
A. I'm saying I'm almost sure I arrested
him. I don It know how many. times though.
Q. dkay .. Was-- did he deal drugs? '
A. Yes, he did, too.
Q. Do you know what drugs he dealt?
A. No, I do not.
Q. Did you ever arrest him for drug dealing?
A.Tdon't remember ifl did oi.not.
Q. All right. You said that he was a gang
member.
Do you know what position he had in the
gang as of September of 1989?
A. Well, Spanky was one of the leaders for
Page 52
his section.
Q. And how did you know that?
A. From the gangs.
· Q. From the word that you heard from talking
to people?
A. Correct.
Q. Did he ever tell you that he was a gang
leader?
A. He might have. I don't remember.
Q. Okay. He could have been a Spanish Cobra;
right?
A. Yes.
·
Q. Okay. As of
9, 1989, do you
know if Sainuel Perez was considering moving to a
different gang?
A. No, I don't.
Q. As of September Of 1989 did you know if
there was any problems between Juan Johnson and
Samuel Perez?
A No.
Q. As of September 1989, did you know what ·
degree of power Samuel Perez had within his gang?
A. He·was a section leader. I believe he was
a section. leader there.
'Page 49- Page 52
"
-
Condenselt TM
,. Page 53
So what would that mean, being a section
leader?
A. Meaning that he controls that area.
Q. Do you know what area he controlled?
A. Oh. I don't remember now; but, if I'm not
mistaken, he was-- if I'm not mistaken, I don't
rememberexactly, but I think it was probably
Kostner -- Armitage and Kostner and some other
areas. I couldn't tell you exactly.
Q. Do you know how many people within the
gang would have reported to Samuel Perez?
A. No.
Q. In the course of your dealings with Samuel
Perez did you find him to be-honest with you'?
A. No, he's a liar.
Q. And why do you say that?
A. Because from him I got a lot of
infonnation that was nottrue.
Q. So he would tell you things that were
false?
A. Yeah. Yeah. All of thein would.
Q. Can you recall specific things that Samuel
Perez told you that were false?
A. No, not at this point.
Q.
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JOHNSON v. GUEVARA
Page 55
Q. Do you know a· person named Edwin Gomez?
_ A. I think he was one of the witnesses, too.
I think he's also a gang member, a Latin Eagle, I
_
he is.
- Q. And did you speak with him before
September 9th of 1989?
A. Again, I spoke with most of them guys.
Q. But you don't remember particular
conversations with Edwin Gomez?
· A. Nor do I remember particular days.
Q. Excuse me? c
A. Nor do I remember particular days:
Q. All right. And Salvador Ortiz, did you
know him?
A. Yes.
Q. How did you know him?
A. From the same way.
Q. And how long had you known Salvador Ortiz?
A. Mo.st of these kids, I knew them since they
were growing up.
Q. And they would just grow up into the
gangs?
· A. They would grow up.
Q. So you knew him since he was a little kid?
Page 54·
You just remember that he had given you
false information?
..
A. Yes.
Q. Doyou have any idea what he gave you·
false information about?
A. Not right now I don't.
. Q. Do you ever remember interviewing Samuel
Perez in the course of an arrest or in the course
of investigations?
A. Oh, I might have talked to him in several
cases.
Q. Would you go to him for infonnation
because he was a section leader?
A: Yeah, mainlybccause he is a section
leader.
Q. And would he give information about his
own gang members?
A. I don't think he would. I don't-- he
never gave me information abo11t his own gangs.
Q. He would give you information about other
gangs?
A. About other gangs.
Q. And how would he know that inforiwition?
A. I have no idea.
Q.
STENO ·· (312)236-1414
JR-JJAMERICAN
044694
Page 56
i
A. Since he was a little boy, yeah.
2
Q. And did you ever arrest Salvador Ortiz?
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I don't remember right now if I had ever
arrested hiin. "I. might have, and the.n again, I
might not
·Q. Did he deal drugs?
A. Ortiz, I don't think I ever -- l;
personally, ever saw him dealing any drugs.
answer that.
Whether he was or
Q. Okay. Have you had any contact with
Salvador Ortiz since 1989?
- · ·A. I haven't had any contact with any one of
those guys.
·· ·
Q;. Okay.· And you can't recall any
conversations with Salvador Ortiz; right?
A. No.
Q. How about Juan Michel Delgado, dO you ·
recall him? He's also known as Juanchi
(phonetic).
A. ·l know who you are talking about because
he was also one of the witnesses, but that's-and, again, I had conversations with them prior on
the street just like J did with any other
gangbanger.
A.
not,
· Page 53 - Page 56
CondenseIt TM
JOHNSONv. GUEVARA
.-----.,------"""'7":------·--.,..---...,.------'--,--------··
Page 57
You don'fremember any of those-····
1
-_ 2
2 . conversations?'
3
A. No.
3
4
Q. Po you know what gang Juan Michel Delgado
4
5
5 was in?
A. If I'm not mistaken, I think he was a
6
6
7.
7 Latin Eagle also.
Q.
How
about
Guillermo
Vasquez,
also
known
as_
8
..8
9
9 Memo, do you have any contact with him?
A. Yes, I did. Memo, I had contacts with him
10
1o
11
II on the streets.
12
Q. And do you remember any particular
12
· 13
13 conversations with him?
14
14
A. No.
Q.
And
do
you
remember
any
arrests
that
you
15
15
16
16 may have made of him?_
17
A. No.
17
Q. Armando Mendez, did you know him?
18
f8
19.
19
A. Yes.
Q. How did you know him?
20
20
A. From the same way.
21
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22
22
Q. Since he was a little boy as we11?
A. As well.
23 ·
23
Q. All right. And do you recall any specific
24
24
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-·
'Q:
k
Page 59
death of-Ricardo Fernandez thattookplace neaf'the
Caguas Club ort·or about September 9th or lOth;·
1989?
A. Yes.
Q. And that's-- that was an-- you handled
an investigation relating to that? .·
A. I was part of the investigating officers
on that.
Q. How did you become involved in that
investigation?
A. I was assigned the next day.
Q. On the day in which Ricardo Fernandez died
you were not working?
A. On the day of the incident? No, I was
not.
Q. Okay. And how qid you get assigned to the
investigation?
A. By a sergeant the next day.
Q. Do you l<now the name of the sergeant that
assigned you?
A. It could have been Sergeant Mingey. I
don It remember.
Q. And could you tell us, how docs-- how did
the assignment work? Did he explain the case to
Page 58
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conversations you had with him'?
A:No. ·
Q. Did you make any arrests of him?
A. Not that I can remember.
Q. Was he a drug dealer?
A. He might have been, but I can't say for
sure.
Q. And with Vasquez, was he a drug dealer?
A. The sarne way. They all might have been,
but I can't say-Q. And you are not sure about Delgado being a
drug dealer either then?
-·
A. That's correct.
Q: How about Ricardo Fernandez; did you know
him?
A. No, I didn't.
Q. He also was known as Little Rook.
A. No.
Q. You don't recall that name?
A. No.
Q. And Chris McCoy; did you know him prior to
1989?
A. I still don't know who he is. Q. Okay. Now, you arc familiar with the
"AMERICAN
STENO (312) 236-1414
JR-JJ
044695
Page 60
1
you?
2
A. I believe it was an aggr'!yaied battery at
that time. - It was never a murder on the scene. I
believe he was taken to the hospital. I believe
that's where he died at.
So the case report was made as an
aggravated battery, and we got a copy of the case
report to follow up on this.
Q. So would you get the copy of the case
report from the officers that were -- that handled
the aggravated battery --A. No. ·
Q. -- on the night that it happened?
A. No. No.
Q. What would you get?
A. From the office, from our office.
Q. Okay. 'But would they be reports from the··
officers that were on the scene?
A. The report, the original report that was
made.
Q. Okay.
A It's a general.
Q. The original police report? ·
A Yes.
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Page 57 - Page 60
JOHNSON v. GUEVARA
Page 61
Page 63
Q. Okay. An<r.there wouldn'rhave been a
·• t· · with Perez?
·- 2 ·
· Ms: EKL: objection:· Assumes facts riot in
suppletnental reportatthat time; right?·
3 evidence.
3
A. No.
'.1· . . Q .. So when you received this assignmen,t, what .
4
THE WITNESS: Not at this time I don't.
5 BY MR. GARDINER:
5 responsibility did you have with respect to the
6
Q. You found Perez or not?
6 assignment?
7
A. I don't remember ifl did or not.
7
A. In the report it states who witnessed. So
8
. Q. Okay. And on the report also was listed
.8 ._ we start looking for the witnesses.
9
Q. Okay. In the report it listed potential
§ Edwin Gomez. Do you know if you found Gomez?
1o
A. I don't remember if I found any of those
10 witnesses?
11 guys on that day,
or later on the ..·
r1
A: Correct. ·
12
Q. And you would go-- did you just go to
12 afternoon.
13
Q. Okay. The third name -· when you talk
13 talk to the
or did you go with somebody
14
-about
other -- anyof the guys, the third name
14 else?
15 listed on the general report was Reginald
15
A. No. My partner and I.
16 Robinson. Do· you know that person?
16
Q. Who was your partner at the-time?
17
A. At the time it was Steve Gawrys.
17
A. I heard of him.
· -·-18
Q. Did you know who he was at the time -- on
18
Q. Doyouknow what witnesses:you went to
19 September 1Oth of 1989?
19 -- interview?.
20
A. Oh, talked to a lot ofthem, a lot of
20
A. No.
21
Q. Do you recall if yol1 interviewed that
21 people. Specific? No. I was looking for, 1
22 . believe -- if I I m not mistaken, I believe Perez was
22 person?
23
A. I don't recall.
23 named in there as a witness and some other guys and
24
Q. So tell me howyou went about your
24 I was looking for them.
1·
2 ·-
Page62
Q. So you were looking for the people that
_
2 _ w'ere listed iri the general report and one of those
3 was Samuel Perez?
4
A. I believe so.
5
Q. And so what time of day would you have
6 been assigned to the investigation?
7
A. ln the morning.
8
Q. So you -- did you work the first shift?
9
A. I workedfrom 9:00 in morning.
10
Q. All right. And you'd work till 4:00 or-11
A. Whatever -- well, if I had something going
12 or if there was an arrest made, I would continue
13 on.
14 ·
Q. Okay. And so did you talk _to Perez?·
15
A. I don't remember if I did talk to him at
16 that time or not on that day. I mighthave.
17
·o. So that would have been September 1Oth?
18
A. Yes.
19
. · Q. Because it was an early morning or late
20 evening on the 9th where this person was killed;
21 . right?
22
A. I don't remember the exact time, but it
2i was in the
_
24
Q. Okay. So do you recall
conversation
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044696
Page 64
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investigation then.
A. Just drove around and talked to people -them were negative answers, I don't know,
I wasn't there -·· and that's it'
_·
Q. All right. You did at some point talk
with Samuel Perez though; right?
A I think I did, yeah. I don't know when.
I don't remember when it was; but 1 believe I did,
yes.
Q. Do you know what conversation you had with
him?
A. Probably abm.ifthe.iricident.
Q: Do you know if he told you anything?
A. i don't remember ifhe did ot not. (
don't think he did.
Q. Arid you just talked.to Samuel Perez
because he was listed on tlie original report- by the
responding officers?
A. Yes.
Q. Was there any other reason you would have
talked to Perez?
A. I would have probably talked to him anyway
to, find out if, he knew anything about what '
happcl)ed.
Page 61_- Page 64
CondenseIt TM
JOHNSON v. GUEVARA
Page67
-1
Q.
Is that because of the position that he ·
held?
3
11
A. No, not just because of the position.
It's because he was a member of the Folks Nation ..
Q. So you thought he might have some
information about what happened?
A: Yes. .,
..
Q. Was your understanding that a Spanish
Cobra killed a Latin King at the Caguas Club?
.. MS. EKL: objection. Foundation in tenns
of what point in time you are talking about.
12
J3
And when you received this assignment, did
you -- in the course ofinteiviewing people, did
you come to learn or believe that a Spanish Cobra
had killed Fernandez who was a Latin Eagle?
A. You are saying a "Latin Eagle," not a
"Latin King"?
Q. Right. I'm sorry. I made a mistake
again, didn't I? I'll ask it again so it's clear.
Was your understandingthat a Spanish
Cobra had· killed a Latin Xing at the Caguas Club?
MS. EKL: counsel, I think you said a
"Latin King" again.
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that some member of the Folk Nation had been
involved in the death'af aLatin Eagle, were there
2 people that logically you wanted to speak with?
4
A At first it wasn'ta death, it was merely
5 an aggravated battery investigation -6
...Q. Okay.
7
A. -- that turned to a death .. Afterwards it
8 turned to a murder.
_
9
Q. Okay. And as you were investigating the
I 0 aggravated battery when you first were on this,
11 were there -- was your
did you
12 W(lnt to speak with particular people because of the
13 gangs that were involved?
14
A. Yes.
15
Q. And Samuel Perez was one of those people?
16
A. Samuel Perez was one of them that I would
17 look for -- actually, would be the firstone that I
I 8 . would look for.
19.
Q. And why was he the first one?
20
A. Because he was the leader.
21
Q. All right. And who were the other people
22 that you looked for?
23
A Anybody else who belonged to the gang
24 because my understanding was it was a Folk party
1
2 .
2
· Q.
Page 66
MR. GARDINER: I did a:gain, you're right.
1
Page 68
1
there.
Okay. We'll.goonemoretime. I'llgetitright
this time.
2
Q. So you are looking for Folk gang lnembers?
3
3
4
4
5
Was your understanding on September lOth
of 1989 that a Spanish Cobra had killed a Latin
Eagle at the Caguas Club?
A. My understanding was that a Folk killed a
Latin Eagle. Who and what gang it was, I wasn't
aware of that at that point.
Q. Did you understand that it was not a
Latin Eagle that killed a Latin Eagle though? .It
was some other Folk gang that killed a Latin Eagle?
A. It was smne other Folks, right.
Q. Okay. How is it that you became assigned
to this case? · Was there a reason they picked you?
A. Again, because I mainly grew up in that
Humboldt Park area and I knew a lot of the ·
parties -- I mean, the gangs in that area.
Q. And you were at Area 5, was that your
assignment?
A. Actually, we were Gangs North at that
time. We covered Area 6 and Area 5.
Q. Okay: So when
since you understood
Folks, right.
Q. Okay. And you thought that Perez would
give you informationthat would -- could lead you
to the person that either battered or murdered
Fernandez?
A. Tothe gang or the person, yes:
Q. Okay. And did he do that?
A. Again, I don't think he ever gave me any
information pertaining to that.
· Q. What infomiatiot1 did he give you when you
spoke with him?
· A. I think it was negative information.
Actually, I didn't-- you know, that he didn't know
or whatever or that he would find out, Something to
that effect. That's about it.
Q. Was this an important investigation to
you? .
A: They were all important investigations to
me.
Q. Was this any more important than another
investigation?
A. No.
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Page 65 - Page 68
JOHNSON v. GUEVARA
Condenselt TM
Page 69 .
Q. ,Did: you ever take Samuel Perez·to
A Their report.
2 . Police. Department in connection with your
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Page 71
the
2 ·
investigation?
A ·I don't think I did.
Q. Did you ever meet with Samuel Perez on the
street and then have someone else take him into the ·
station_ in conne<::tion with this
investigation?
A. No.
Q. Did you ever see Samuel Perez in the
police· station in con·nection with this
investigation?
r don't remember. He might
been
there, but I don't remember. 1 don't think I saw
5
6
MS. EKL: objection. Assumes facts not in
7
evidence.
8
THE WITNESS:. First of all; I wasn't there
9
10 · when the original incident happ_enGd. So,
1i
· therefore, I cbuldn 't tell you if I ever saw -- ·
13
definitely not seen a
myself.
14
15
Q. Okay. So after the original incident
until today's date you never saw a four-by-four
near the Caguas Club; right?
A. Not me .
Q, Did you go tothe scene
the beating?
A Yes.
Q. And you did that in the ccmrse of your
investigation?
12
him.
with$amuel Perez in connection with the
inve.stigation of the battery or death of Fernandez?
A: Oh, I couldn't tell you if Ldid or not,
no.
Q. You don't know if you spoke with him?
· A If I -- well, I spoke to him about it at
the
but Jrt>J.U
I don't
think I spoke to him again.
that report?
A Yes.
Q. Did you ever see a four-by-four at the
scene near the Caguas Club? ·
3
4
A:
Q. So how many times do you think you spoke
· 16
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Page 70
Q. Okay. Did you ever show pictures to
z
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Samuel Perez?
A. No, I did i1ot.
Q. Did you ever show him a gang picture book?·
A. No.
Q. Did you ever -- okay.
Did you ever talk to him about a lineup?
A. ·No.
,,,;.: ·..
Q. Did you ever meet with him and other gang
members at any location to discuss the case?
A. No, I didn't.
...
What was your understanding of how ·
Fernandez came to be beaten?
A My
actually, because of ·
the report, it indicated that he was hit by a
four-by-four. He was beaten in a gang -- there was
a g'ang fight that started inside the Caguas Club
and moved outside. ·.··
Q. And you learned that he was struck by a
four-by-four from the original investigating
officers?
A. I don't remembel,'. Ldidn't talk to the
original investigative .officer.
Q. Okay. You just got their report'?
. AMERICANSTENO
(312)236-1414
JR-JJ
044698
Q. Okay. So your information was based on ·
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A
Yes.
:: Q. And would you have done that immediately
Page 72
after receiving your assignment'?
A. No.
Q. When did you go-- if you started your
assignment 011 the 1Oth of September; when did you
go to the Caguas Club to look at the scene?
A After breakfast.
Q. So in the morning?
A. Correct.
Q. And at that time you didn't see a
· four-by-four?
A. I don't think I did. I don't think I did.
i2
Q. All right. And did you ever interview any
of the people that -- well, let me back up.
14 ·
As Iurider.stand it, the Caguas Club is on
15 the street level; right?
16
A. Correct.
17
Q. And then are there apartments above the
18 Caguas Club?
19
A. The Caguas Club? There might be
20 apartments. I don't think there were people living
21 there at that time. I don't think so. But I think
22 ·there might be maybe one floor, maybe two floors.
23 And; then again, it just might be -- I don't
24 remember right now .
13
Page 69 - Page 72
Condcnscltm
JOHNSON v. GUEVARA
Page 73
Q. In the course of your investigation did
you intervie:W anyone that lived near the
3 . Caguas Club?
4 ..
A. I've talked to people in there -- around
5 there in the neighborhood. I've talked to people.
6 As far as getting a complete statement from them
7.. and writil}g them down? No.
8
Q. So you did interview people that were
· 9 around -- that lived near the Caguas Club?
1o
A. Correct.
11
Q: But you didn't write down any of the names
12 you think?
13
A. No: I don't think it was-- you know,
14. they didn't have imy i11fonnatiori,so I didn't do
15 anything.
16. . Q. So when you were
17 investigation, tell me your thought process on
18 .where you wanted to look to find the perpetrator of
19 the crime.
20
A. Basically around the area of North A venue,
21 Artesian, Campbell, around the Spanish Cobra area
22 · ·where the- incident took place at.
·•
-.
23
Q. Did you have any suspects in your mind
24 when you were assigned this investigation?
Page 75
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Q. So you would just go on the streets a11d
see who· you could find?
A. Correct.
Q. And then you would talk to those people?
A. Correct.
Q. Did youconductyou.r investigation.always
with your partner or were yo).l. on your own
sometimes?
A. No, with my partner.
Q. So you wouldn't split up and have-- you
would takc·one area and he would take another area?
A. No.
Q: And' was that your.. , always your pattern
as a Gang Crime spec.ialist,to work side by side
with a partner?
A That's correct.
Q. When you would takt:
into the
police· station, would your partner always be with
you for doing that?.
A. Yes.
Q. And was your partner at the time always
Gawrys?
A. Yes.
Q. So there was never a circumstance where he
Page 74
Page 76
Definitely not.
1 would work one shift and you would work another
Q. Now you said that Sarriuel Perez was the
2 ·shift at that time?
first name that came to mind in terms of gaining
3
A No.
information; right?
4
Q. You were a team?
A. He was the name -- the first guy whose
5
A Correct.
name was on that report.
6
Q. Now, tell me what progress you made in the
Q. Okay. Were there other people that were
7 course of the investigati()n of the battery or
gang members that you thought were appropriate to
8 murder of Fernandez.
·.
..
. interview to get information about the battery or
9
A. J mean, by talking to the people and, you
murder of Fernandez?
10 know, and everything, we found out that it was a
A. Oh, I thought all of them were.
II Folk party and that it was one of the Folks that
Q. So you didn't draw a distinction between
12 got into a fight 'with them "- for what reason, 1
gang leaders other than Sam Perez and other gang
13 have no idea -- but then that fight escalated and
soldiers in trying to get infoin:lation?
14 it went outside the' Caguas Club.
A. I was looking for anybody who was there,
15
Q. Okay. Do you know who gave you that
whether he's a· soldier, a sergeantof anns or the
16 information'?
lei:1der, the main leader. I was -· anybody. I
17
A. Right riow, at this·point, I don't recall
didn't care who it was as long as he was from the
18 who did it; but that's what the talk was that was
gang and he was in that area there.
19 going on, plus it was ori the police report.
Q. When you-· well, wouldn't you draw a
20
Q. On that initial report that you received?
21
A.
I believe so.
··
priority, though --.would you tend to go to people
that had given you infonnation in the past that was·
22
Q. And so you had that infonnation. What did
accurate? ..
23 you do about it?
A. If I saw them.
24
0-.. I went out looking for witnesses again or
A.
STENO (312) 236-1414
JR-JJAMERICAN
044699
Page13
76
Condcnselt rM
JOHNSONv. GUEVARA
7
Page 79
you wrote -- that he wrote?
A Yeah;
Q. So, as you sithere today, can you
remember who you took .into· the .Police Department?
MS. EKL: Are you speaking about other
the people he! s alreadymcntimied?
MR. GARDINER: Yeah.
8
1·
· 2
3
4
5
6
9
1o ·
Q. You mentioned two people so far.
19
. Do you recall any other persons that you
brought into the Police Department as you sit here
today?
A. I believe I took in three, but I don't
reme1i1ber their minies correctly.
MR. GARDINER: Can you mark this as
Guevara Deposition Exhibit No. 1.
(Whereupon, Guevara Deposition
.
Exhibit No. 1 was
marked for identification.)
20
21
Q. I' 11 show you what's been marked as
Guevara Deposition Exhibit No. 1, which is 1abeled ·
Supplementary Report, and it contains RD
No. M -414099 and consists of two pages labeled
11
12
13
14
15
16
17
18
22
23
24
Page 78
1
Page 80
A: People that I would talk to that says,
Yeah, I was there and I saw' the fight and
whatever.
4
I said, Okay, you, can you identify the·
5 guy or guys that were doingthe beating?
6
And they would say, Yes.
7
I would talk them and show them photos.
8
Q. Okay. And what people did you take in?
9
A. I thinkit was Armando.
10
Q. That's Mendez?
11
A. I believe so.
12 ·
Q. Okay.
13
A. And I believe Michel --Michel-- or
14 whatever. Some of the guys signedthe report that
15 I took in. I don't remember right now.
·. 16 ., Q. Well, would ·it help you to take a look at
17 the report?
18
A. Yeah.
19
Q.
let me ask you, first of all, did
20 you write a report in this case?
21
A. Did.l.write a report?
22
Q. Yeah.
23
A. My partner typed it.
24
Q. Okay. And it's a supplemei1tal report that
10 and 11 in the bottom right-hand corner.
2
2
3
3
(312) 236-1414
JR-JJAME.RICANStENO
044700
Is this the report that you arc referring
to?
4
A: Yes.
5
Q. Okay.
6
7
8
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10
II
1i
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21
Fernandez, Ricardo, is the victim. Okay.
Let me see. Okay. Salvador Ortiz;
Mendez.
Q. So you mentioned Ortiz and Mendez.
Are you still looking at that?
A. Oh. Okay. Here. Gomez; Ortiz. Ortiz, I
· don'tthh1k was ever brought into Area 6. I think
it was Gomez, Michel and Vasquez, if I'm not-- or,
no, Mendez, I believe.
MS. EKL: rf you need a minute to look at
the report, go ahead.
•
THE WITNESS:· Okay; And actually Ortiz
and Mendez were brought into Area 5 for the
lineup. Okay. They did not view any photos.·'·
And one, three and four, Michel, Gomez and
Vasquez viewed photos, viewed the books.
A.
22
23
Q. Okay. So tell me, first of all, for
MichCl, Juan Michel, who is also known as Delgado, ·
24
Page 77 - Page 8C
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Condenselt ™
Page 81
Gomez and Vasquez; where did they reviewthe books?
A They were brought into Area 6. · ·
Q. And who brought them to Area 6?.
A. J belie"e we did, if I'm not mistaken.
Q. Would you have brought all three of them
together into Area 6?
...
A. Could have.
..Q. You do,n't remember that? .
A. No ..
Q. And they would not have viewed the books
out on the street; right?
A. No.
Q. bo you remember meeting with these people
on the street before bringing them into the Area to
view photo books?
A. 1 would have had to.
Q. All right. Do you
where you met with
them?
A.. No, I do not.
Q. And you didn't show them any ph?tographs
on the street; right?
·A.-No.
Q. You didn't lay out any photographs on a
car hood or trunk; right?
Page 82
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A No. No.
Q: i\nd were you present when they viewed
pho!ographs at Area 6'?
A I was there, yes;
Q. Was Samuel Perez there as well?
A. No.
Q. And when they viewed the photographs-could you
us what you said to them before they
viewed the photographs?
.
.
A I didn't say anything. I gave them a
book..
I said; Here's a book. Go through the
book. }f you see anybody that was there, tell me
who they are,
.•
Simple as that. One guy
one room,
the other guy wak iri
room and the, other g\1.¥
was 1n another room, or -- either that, or they
were on different tables.
Q. So youwould present the books to them
separately? .
A. Correct.
Q. They were not in the presence of each
· othefwhen they werereviewing these picture books?
A ·Not at the same time everybody looking at
STENO (312)236""1414
JR-JJ.AMERICAN
044701
··..
JOHNSON v. GUEVARA
Page 83
the book.
·
2 ·
Q. Okay. And that was yottr procedure and the
3 procedure of the Police Department at the time?
.4
A. That was the procedure for us. Whether it •
5 was the department or not, I can't tell you that.
Q. And what was the reason_ that you would
. 7 want them separate when they were viewing the photo
8. books?
9
A Because I didn't want them talking to each
10 other, number one, or pointing afingcr at someone
11 who might not even be there ...
12
Q. And the picture book that you showed to ..
13 these three gentlemen, what picture book was it?
14
A. They were different books·.
·
15
Q. All right. What books were they?
16
A.. Books. from the Disciples, from the Cobras,
17 from the Eagles, from the Dragpns. So they we.re
1.8 different books.
19
Q. So at least four books of'Folk gangs?
20
A. Of Folks, right.
21
Q. And would you stack up the books on the
22 · table and then· say, Go ahead?'
23
A. No. No.
24
Q. How would you do it?
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Page 84
A I would give one a book;
I would give the
other one another book; i would give the o'ther one
another book; and let them go through the books.
Q. Okay.
A Then we switch them around.
Q. Okay. And would you -- would you tell one
person that another person had picked somebody out?
A No.
Q. All right. So you wouldn't speak to them
about their selections before they made a
selection; right?
A No.·
Q. And you would not speak to them about
selections as you brought a new book in to someone;
right?
A No.
Q: And when you --·did these three people
make selections?
A I believe they did, yeah.
Q. All right. Who did they select?
A l believe they picked Juan'Johnson. I
believe they picked -- well, I believe they picked
Juan Johnson and said his
was also there -I believe that's
way it was-- but Juan Johnson
Page 8 L- Page 84
- REYNALDO GUEVARA
Condenselt TM
JOHNSON v GUEVARA
Page 85
Page 87
and Franco; they were all picked.
I
A. Yes, I have cases like thatbefore.
2 - - - Q: Okay:· And did they pick Cordero as well
2 · Q. And in' this case wouldn't you have ·
3 or not?
3 expected that -- well, so these three people -4
A. Cordero, yes.
4 I' 11 just strike that question.
5
Q. Okay. You don't have an independent
5
So these three people made the
6 recollection of who they picked; right?
6 identific11tion from these books all separately;.
7 right?
7
A:. No. No.
.8
A: Yes;
8
Q. Now, these three persons, Michel, Gomez
9 and Vasquez, had they told you on the street that
9
Q. And they did it without any conversation
I o they saw who had struck Fernandez?
10 with you?
II
A. I don't ren1ember if they told me that they · ·
11
A. Yes.
12 saw who struck him.
I2
Q .. And so if somebody picked -- if somebody
13
Q. Well, why did you bring these three in to
13 picked -- let's take Vasquez. If Vasquez picked a
14 view the pictures?
I4 photographofiuan
then what
you do?
15
A. Because they saw the fight.
15
A. Then I would know Juan Johnson is one of
16
Q. Okay. So you don't know what they told
16 · the guys that I'm going to look for.c
17 you on the street?
17
Q. All right.. Would you do something with·
18
A. Basically 'that they can identify the guys
18 the picture book?
19 that were in the-fight.
19
A: No, not with the book itself.
20
Q. Okay. Now, were these three -- were
20
Q. All right. Would you do anything with the
21 these three people generally in the area of the
21 photogr-aph?
22 Caguas Club? ·22
A. Not with the photograph either. The
23
Did you know them to go into that area?
23 photograph stays in the book. The book is-- it's
24
A. Oh, yeah.
24 marked on there that from the book he was picked.
I
Page 86
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24
Q. Okay. And would you have expected that
these three people would have k.rioyvn who Juan
Johnson was?
A. Oh, they_allknew.
Q. Okay. On the street did any of these
three people say Juan Johnson was one of the
persons that struck Fernandez?
A. I don't remember if they did or not.
Q. You would have asked them if they knew the
name of the person that struck Fernandez; right?
A. I would ask them, Do you know who was
involved in the fight?
·
Q. But you don't recall what they said?
A. No..The only thing that I can remember is.·
that they said; Yeah, I can identify the guys who
were at the fight.
From that point on, we take them, they
view photos. After the photos, they are taken to
Area 5 and turned over to the detectives, and at
that point my investigation is terminated.
Q. But you've had cases where the witnesses
say, Yeah, the person that did the striking, the
beating, the murder, the shooting,· is so and so;
right?
(312) 236-1414 ·
044702
Page 88
I
Q. Okay.
2
A. Okay. And that's it.
3
4
Q. You said in the front of the book you
write "that?
. ·
5
A. No. No. No. On the report.
6
Q. On the report.
7
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24
)'-ou
a photocopy of the picture
that he selected?
A. No:
Q. So when he names somebody, then you simply
put it in your police report?
A. You put itin the report.
Q.
on the pictures that were
i-n that book, would --did you show them. the book
that the Area kept or the Guevara book? ·
A. No, the Area.
Q. Okay. And on the Area pictures arc there
names underneath?
A. No.
Q. Okay.
A.· There is no names 'underneath any picture.
Q. Okay. Are they Polaroid pictures?
·A Some are Polaroid, some are IR photos.
Q. From the processing?
Page 85- Page 88
Condenselt n.t
Page 89
. I
A
3
6
·
or "no."
4
5
Q. On the back of the pictures were the
names?
8
A. On the back of the picture, yes.
9
Q. So when Vasquez picked out Juan Johnson,
10 you would look at the picture, and would you look
11 at the back of the
of not?
r2
A. No.
Q. Because you knew what he looked like? .·
13
7
. 14
15
A.
NO.
..
Q. Oh. What would you do?
Because at the .beginning of the books
17 there's pages naming everybody, the picture. and the
. ·..
18 page.
19
Q. I see.
20
A. So you keep that out and you go back. You
21 see the page, then you go and look and see whose
22 name is that ori there.
23
Q. Okay. And so each of these three would
24 have gone through all these books and picked out
16
Page 91
1 ··
Q: Why is it that you wouldn't have done that
· 2. ·• as a Gang Crime specialist?
-·
··' ··
3
THE WITNESS: Yes.
4
5
Uh-huh.
MS:·.EKL: You have to answer
2
A
JOHNSONv.GUEVARA
· 6
7
8
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17
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24
A. Because it's a murder investigation-and
you have to tum it over. Once you get the
identification, you take the witnesses and you take
them into Area 5 and tum them oveqo the
detective and tell them they made identification,
. and then they will take it from there on.
Q. So you wouldn't go out in the street then
and do further investigation at that po_int; atleast of the mimed persons?
A. Oh, I probably did go back out to see if I
find more
or something:
o·: Okay. But you turned over-- you would .· ...
write your report and you would tum it over to the
Area.. detectives?
.
A. The report would not be written at that .
point. Not yet.
Q. How would you communicate to the
detectives then?
A Tell them who they picked out of the
· photos.
·
Q. Okay. So you would-- would you just talk
to somebody at the Area then?
Page 90
Page 92
the three people ·that ate identified in your
A Yes.
report, right, each of these three, Vasquez, Gomez .
2
Q. And ·a detective wouid
been
· ··
and Michel?
3 to the case or only assigned. once the IDs were
A. They picked those guys.
4 made?
Q: Okay. 'So do you know which of the three
5
A. No. The detective was already assigned to
was the first to pick one of these persons that
6 the case.
ultimately
became a defendant?
7
Q. Okay .
. .
A. No .
8
A. I would turt1 them over to that particular
9 · detective.
Q. And do you
any conversation you
had with Vasquez, Gomez or Michel about their
10
Q. Do you know what detceti ve was assigned to
selections?
11 this case?
A. No.
12
A. I don't remember. You ni ight be tight --Q. So when somebody
any of these three
13 you might be right with O'Donnell, but I don't
people ·ever say they were unsure about their
14 r'emerriber.
selection?
15
Q. Okay. So you knew that Vasquez was a
16 Latin Eagle; right?·
A: Not to me.
Q.
Did you .interview these three
17
A. Yeah.
people after they made the photo identification?
18
Q. And you knew that Juan Michel or Juan
A. No. They were brought into Area 5 and
19 Delgado ot Juanchi -- all his names -- was a
turned over to the detectives. They interviewed
20 Latin Eagle as well; right?
them.
21
A Yeah.
Q. Okay. So O'Donnell would have interviewed
22
Q. And you knew-that Edwin Gomez was a
them?
23 Latin Eagle; right?
·
24
A. Yeah.
.. .
A. Whoever was the detective on the case.
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••
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Page 89 - Page 92
CondenscltTM
JOHNSON v. GUEVARA
Page 93 · ·
1
Q. And you knew that Juan Johnson was a
3
A. Yeah.
4
Q. And you knew that. Henry Johnson
·5
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right?
2 .
_Page 95
. 2
W?S
a
A !-heard that he's capable of anything:
Q. And who did70U hearthat from?
3
A From guys on the.street.
4
Q. And you don't know any of those people
Spanish Cobra; right?
5 though?
· 6
A. No.
A Right.
Q, Af1d you knew that Hector
was a
7
Q. And. how about Henry Johnson, had you heard
Spanish Cobra; right?
8 whether he was capable of violence?
A: I don't know if I knew that. I don't
·9
A Yeah.
think I did know he was Cobra, but he was a
10
Q. And you hadhcard that lie was?
· 11
A Yeah.
gangbanger.
Q. Did you know if Cordero was a Spanish
12
Q. Who haJ you heard that from?
·Cobra?
13
A From the people on the street.
· A. I didn't know Cordero.
14
Q. But y'ou don't recall
the people
Q. Were you concerned at all that these three
J 5 that told you that?
-16
A No ..
Latin Eagles were picking ou.ttwo people that you
. knew to be Cobras, Juan Johnson and
Johnson? 17
Q. So when this photo identification was
A I knew they picked out two Cobras, yes.
18 at Area 6, didyou believe that your work had
. Q. Did that concern you as a Gang Crl.me
19 finished in connection with this investigation?·
specialist?
20
A I believe that it might. At. that point in
A No.
21 time that I would have to notify. and tum the.
: Q: So the fact tliat there were -- you didn'·t
'22 witnesses over to the detective on the case.
consider that there might have been a bias by the
23
Q. So how do you tum the witnesses over? Do
Latin Eagles to select a member of the Spanish
· 24 you walk them over to the detectives?
of
Page 94
Cobras• for this murder?
A. Nb.
Q. And why did you not suspect that?
A It was a -Folk party, Folks were always .
arguing with each other. I mean, there's no if or
buts about it. The Disciples, the Cobras, the
Eagles, the Dragons, they would all be fighting
amongst each other. So, no, I didn't.
Q. Were you surprised that somebody would
pick out Juan Johnson as a person that struck blows
in this case?
A No.
Q. Why were you not surprised?
·· A. Like I said, this is a fight arnong the
Folks. Any one of them could have done it.
Q. Had you ever seen Juan Johnsol! participate .·
in any violence as a gang member, as a person prior ·.
to thattime?
A Again, I don'tthink I ever arrested Juan
Johnson othe!' than that day. So I couldn't say.
.
Q._ Had you ever heard on the street thatJuan
Johnson was someone that was capable of violence? .
·A Yes.
Q. What had you heard?
'
STENO (312)236-"1414
JR-JJAMERICAN
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Page 96
I
A. Drive over to Area 5. I was at Area 6 and
I drove to Area 5.
Q. So you put them in the squad car?
4
A I put
iri the squad car.
5
Q. And went with Gawrys?
6
A. Yes.
7
_Q. All three of them
. ,
H
A I believe so. I believe they were all
9 three
10
Q. And then you brought thmn to Area 5. And
11 then what did you do after that?
12
· A.· At Area 5 you turri them
to the
13 detective.
14
Q. Dojou know what the detective did there?
15
A. Well, he would separate them and start
16" talking to tliem.
11·' Q. Okay. ·.·Did you stick around while he was
18 talking to them?
19
A I don't remember at this point. I might
20 have .
21
:: Q. Okay. It wouldn't be
for you to
22 · stick around as the detective spoke with
23
A. Correct. Well, noUn theirnmediate
24 interview with them. That's just the detective and
2
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Page 93 - Page 96
1
All right. Yo11 wouldn't sit in the · -·
interyiew?
A. No, not unless he says, You can come in.
You know, fine.
Q. In this case did you sit in on any
interv1ews?
A. I don't remember.
.....
Q. And you can't tell us what people said,
what any of these witnesses said in the witness
interviews; right?
A. Right. I don't think I was there with
them.
Q: Okay. So did you ever talk to O'Donnell
about what he thought of the three witnesses that
you brought to him?
A. We might have had.someconversations, but
I don't remember.
Q. Did O'Donnell ever tell you that he didn't
believe that Juan Johnson had caused harm to
Ricardo Fernandez?
A. No.
Q. Did O'Donnell ever indicate to you any
reservation about charging Juan Johnson with
Q.
2
3
..
Page 99
No. I said I·don't believe "c I didn't
·2:- ·say ldun't believe-·-:- I>saict·-I dori't remeinber .
3 .,
Q. Okay. Now, Ortiz is listed as a witness
4 on your report here as well. Can you tell me what
5 you did with Salvador Ortiz on September 10, 1989.
6
A. I think he was brought into Area 5 for a
7 lineup.
8
Q. Who brought him into Area 5?
9 · A It might have been me. I don't remember.
10 · I'm not saying that I -- it might have been me.
11
Q. Your reports don't refresh your memory 01;
12 that?
13
A. Well, he was brought into Area -- he was _
14 brought i'uto.Area 5. ··· · ·
him.
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to--
But in this case you don'tremember going
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I don't remember.
A.
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Q. And you believe you didn't go to their
homes, you just .saw
brought thein
right?
Page 100
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on the street and then
··
·AMERICAN
STENO· (312)236-1414
JR-JJ
044705
Witness No.2, that's Salvador Ortiz, and
Mendez did not view the photo spread but
were brought into Area 5 Violent Crime to view the
physicallineup.
Q. Can you tell me why didn't you have Ortiz
and Mendezview the photos?
A. First of all, we had three witnesses that
JD'd those guys. SoT don't need any more
witnesses to ID _;my more photos. Anything else
from that point or is going to be physical, pick
i ·• hirn out of the lineup.
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16- · Armando
Page 98
murder?
A No.
Q. When -- you said that you would have seen
·
these three people, Vasquez, Gomez and Michel, on .
· the street and then brought them irt; right?
A. Right.
Q. Had you gone to any of their homes to get
them prior to seeing them on the street?
A. I don't think so.
Q. It would have been unusual for you to go
to specific persons' homes to get them in the
course of your investigation?
MS. EKL: Arc you talking about any
investigation?·
MR.
uh-huh.
THE WITNESS: No. I would probably go to
their homes.
20
JOHNSON v, GUEVARA
CondenseltTM
Page 97
22 ·
23 ·
24
Okay. And why is that? Because all you need is one or two guys to
identify somebOdy in the photo. You don't need
everybody else:· That's just going to jeopardize
the case.
Q. WhY would it jeopardize the case?
A. Sure it would.
Q. Could you explain why it would.
A. Well, because we're doing --we're in the
position of doing a lineup on that day and bringing
in someone to
someone. Tp v;iew the sari1e books
that were viewed before and then take him into
don't work
Area 5 to view a lineup,
like that.
Q. So the concem would be that the pictures
would predispose the witnesses to making the same
selection in the lineup'?
·
A. l·believe so.
Q. Okay. So, as a result, instead of-these two gentlemen you brought to Area 5 ·directly?
A. Brought directly there, yeah.
MS. EKL: objection. Assumes facts not in
evidence, that he was the one thafdirectly brought
Q.
A.
Page 97 - Page 100
JOHNSON v. GUEVARA
CondenseitTM
Page· 101
Page I 03
them to Area 5. " .
1
2·
·2". ·BY MR. GARDINHR:
Do you recall bringing them to Area 5?
A. I don't-- I might have beenthe one, but
I don't recall. I don't remember.
Q. Do you have any idea who_ else it could
lplVe been, if it wasn't you?
A. Oh. It could have been anyone, any police
officer.
· Q. Were there other police officers· working
with you on this investigation other than your
partner and the detectives?
A. Yes.
Q. Do you know who they were?
A. No. Right off the bat, no, 1 don't; but
there were many.
Q. So tell me-- you had three people that
had told you that they could identify the
· perpetrator that you took to view pictures.
What about Ortiz, did he say he could
identify the perpetrator or not?
.
A. I beiieve.he did. He saiO he could
identify the guy. I believe they both said they
could identify the person and they were brought
Q.
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A. Yes.
· Q. ·What's that?
The reason is we didn't know who we were
going get until we get the photo ID.
Q. Okay. I see., And then you would have
somebody to put in the lineup?
A .Correct.
Q. All right. Do you remember
any
residence where Gomez, McCoy, and Sam Perez were
present?
A. No.
Q. And did you sec Chris McCoy at any time
during the course of_your investigation?
Right now I dcin 'tevcn know who Chris
McCoy is. I don't remember.
Q. And your reports don't give you any clue. ·
as to whether you saw.Chris McCoy; right·?
A.
A.
No.
Q. Now, with respect to -- were these the -were Michel, Gomez a11d Vasquez the only three
people that you showed photographs to in the course
of your investigation? ·
A. I believe so, yes.
Q. And at the time that you showed
Page 104
photographs to them,·you· never indicated to them
that there were particular people that you wanted
them to pick out?
A. Definitely not.
··
Q. Arid you never implied to them thaithere
were particular people that you wanted to have
picked out?
5 to view the physical lineup.
2
Okay. You said "both," meaning Mendez and
3
Ortiz; right?
4
· A. Correct. .·
Q. And liow did you-- how did you separate-5
6
why did you say Mendez and Ortiz should go to
Area 5 to view a physical lineup and the other
7
three should go to view pictures?
8
A. No.
9
Q. And you never communicated to Samuel Perez
A. Because I believe the other two guys
were -- they were not all at the same time at
10 that there were particular people that you wanted
Area 3 -- at Area 6. I believe the first three
11 picked out?
12
guys were there, the other two guys were not. They
A. No.
Q. Did you know if Perez-- whether Perez had
were found later and brought into Area 5.
13
14 a friendly relationship with Juan Michel?
Q. I see. And you just happened to putthem · , .
15
A. No, I did not.
in the same report?
16
Q. Did you know if Sam Perez hatl
·
A. Yeah,
17 relationship or relationship with Edwin Gomez?
Q. All right. And you don't recall whether
A. I ·believe so. I believe he was friends
18
you picked these people -- any of these people up,
19 with all of them.
but at least you transported them from the street?
Q. All right. So you believe that Sam Perez
20
A. They were transported into Area 5 and
21 was friends with Juan Michel then?
Area 6.
Q. So is there a reason that you wouldn't
22
A I believe so, yes .
have just brought Michel Gomez and Vasquez to see a 23
. Q, Arid did you believe Sam Perez was friends
24 with Vasquez?
physical lineup immediately?
Q.
AMERICANSTENO (312) 236-1414.
JR-JJ 044706
Page 101 -Page 104
CondcnseltTM
JOHNSONv. GUEVARA
Page i 07
Page 105
Yes.
I
A:
2
Q. And did you believe ·that Juan -- that
3 . Sam Perez
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friends with Ortiz?
Yes.
Q. And did you believe that Sam Perez was
friends with Mendez?
A Yes.
Q. Based upon your experjence as a Gang Crime
specialist, you would understand that Sam Perez
would have some power over soldiers within his
gang; right?
A. Yes.
Q. And you would believe that Sam Perez would
have respect within other Folk gangs; right?
A Yes.
. Q. And he would be in a position to exert
some influence over activities of people within his.
gang; right?
A. Ibelieve so, yes.
Q. And you would believe that he would. have
the ability to influence other Folk gang members;
right?
A. Yes.
Q. And that's because of the position he held
A
: '. ..
r
Q. Yes.
2.
A: I believe r was, yes.
·:r· "",·"Q. All right.
And were you involved in
bringing in person·s to fill the lineup?_
5
A. I might have.
6
Q. Okay. Did you bring Juan Johnson to the
.
?
7 .1met1p.
8
A. I don't remember if I did or not I could
9 have.
1o . . Q. There's nothing in your reports that would
II · indicate that; rig;hi?
12
A. No. No.
13
Q. Arid you don't
meeting Juan
14 Johnson at his house; right?
15
A. No, not at his house.
16 ·
Q. You· don't' remember meeting him and asking
17 him to go to a
right?
18
A. No.
..
19
Q. You don't remember Juan Johnson asking you
20 if you were asking or telling him that he had to go
21 . to a lineup; right'?
22
. A No.
4
23
24
Q. That's not something you would have said
to him?
Page 106
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within his organization -A. Correct.
Q. -- as a section leader; right?
A Right .
Q. Do you have any idea how many people -well, let me back up.
If Sam Perez were to tell Juan Michel to
array, do you. believe
select s.omeone from a
Juan Michel 'would have done so?
A. I have no idea.
Q. And would that be your answer also as to
Gomezand Vasquez?
A. That would be my answer as to all of them.
Q. And that would be your answer as to ·
whether Sam Perez would have sufficient influence
to cause someone to pick out someone
inappropriately on a lineup?
A. I have no idea.
Q. It would be. fair to say that Sam Perez -well,after the -- after you had picked up these
five people and transported them to Area 6 and to
Area 5 -- well, were you present for the in-person
identification?
A. For the lineup?
STENO (312) 236-1414.
JR-JJAMERICAN
044707
Page 108
A No.
2
·Q. You don't remember handcuffing Juan
Johnson to bring him in?
A Really, J'don't remember if I handcuffed
5 him or not; but he· was arrested and he was brought
6 into Area 5.
Q. You're j1.1st not sure if you were the
.7
8. person that arrested him?
.·A. No. I'm not sure if I was the person that
9
10 cuffed him. I believe that I was in the car when
II my partner and I transported him to Area 5.
12
Q. While you were driving with Jwin Johnson
13 do you recall telling him that you had got him for
14• "the big one"?
15
A. No.
16
Q: Doyou remember laughing after saying
.
something
to him?
17
18 - A. No.
19.
Q; Do you remember saying to him that, "I've
20 got you for first degree murder"? .·
21
A No.
22
Q. Do you remember any con":ersation that you
23 had with Ju;mJohhson that day?
24
A. Once-tw was pl<Jced under arrest, no.
3
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Page 105 - Page 108
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n
110
GARDINER:
Q. ·With Juan Johnson in the car would you
have told him what crime he was suspected of
committing?
A. 1 believe,
·
Q. But you don't remember specifically what
you told him that day?
A. No, I don't.
Q. Would you have been happy to gain a
conviction of Juan Johnson for murder?
A. No.
..
·· Q. ·Why not?
A. I wouldn't be happy and I wouldn't be
sad. It's just a job that I'm doing. So it didn't
bother-- it doesn't bother me whether he's found
.
guilty or innocent.
Q. You're just doing·your job?
A Just doing my job.
Q. Okay. So evenif it's somebody that you
had known for a long time, you were doing your job,
it wouldn't bother you one way or the other?
A. No, it wouldn't.
. Q. All right. Did you feel that by -- that
if you secured a conviction against Juan Johnson,
1 . BY Mit
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JOHNSON v. GUEVARA
Page 109
Page 111
1· it would have s·ome impactOn the success of tlie
Q. Would your procedure have been to speak
with ·arrestee while transportirig a:n arrestee to· ·
2 . Spanish Cobras?
3
MS. EKL: objection. Fot:m ofthe
a lineup?
A. Not really. After he gets
after we.get
4 . question.
the identification, we look for
we put him in
5
THE WITNESS: No.
the car -- arrested
in the Qar and
6 BY MR .. GARDINER:
transportedhim to Area 5. At that point, turn him
7
Q. Why not? ·
g
over to the dicks, let them do the investigation.
A. Because I wouldn.'t.
Q. You wouldn't do an interview?
9
Q. Because he wasn't that important within
10 the group? Is that why?
A. No.
Q. And when you have somebody that you've
11
A. Whether he was important or not I have no
known sincehe was 13 or 14 years old, though, you . 12 idea; but, no, I wouldn't. I mean, I'm there doing
13 my job.
.
would have been likely to speak with him to some ·
14 -'· Q.
didn't know.\Vhat
he had
ex fei1t; right?
15 within the gang as of September lOth of 1989?
A. Not about the incident.
; 16
A. 1 think it was, again, high up: 1 don't ·
. · Q.· And you
you tell him · ·
what he was suspected-- what crime he was
17 know what rank he had, but he was high up. ·
suspected of?
18
Q. W ouldit have been unus.ual for an 18- or
·Ms. EKL: Again, are you talking about
. 19 19-year-old to be high up in the Spanish Cobras?
someone who is 13 or 14 -20
A. No. I've seen them younger.
MR. GARDINER: No.
21
Q. So at::· could you tell us, at the lineup
MS: EKL:, ·· or are you talking abou.tJuan
22 · did you provide the fillers for ilie lineup?
Johnson?
23
MS. EKL: objection. Asked and answered.
MR. GARDINER: I'll rephrase it.
24
THE· WHNESS: I don It remember ifl went
.
2
Condenselt 1M
STENO (312}236-1414
JR-JJAMERICAN
044708
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Page 112
out there. I could have been one of the guys that.
did g·o out there looking for fillers. I could have
been.
Q. Were you present at the lineup involving'
Juan Johnson?
A. Yes, I was ..
Q. And could you tell us what side of the
glass you were on?
A. I was on with the witness and with the
detective.
Q. Okay. And was it just the two ofyou and
the witness on the one side of the glass?
A. Yes ..
Q. And-A. It was him taking him over and I'm
standing back.
Q. And the room, how big isthe room?
A. Maybea little bigger than this.
Q. So a room maybe 15 feet long or so'?
A. I would say about the same size as this.
Q. Okay. Would around 15 feet or 12feet be
. right?
A. It's about the size of this-, yeah.
Page 109 - Page 112
Condenselt no1
Page 113
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Page 115
· · Q. I just don't know what -- can you
2·
approximate the size of this room?
A. I would say it's about 15, 20fect, I
j .
4
think.
Q. Okay. S6 you would be on one side, but
5
you would be standing off to the side?
·. 6
A By the.:door, yes.
7
Q. All right. Would you say anything to the
8
person making the idehtification? ·
9
A. No, I would not.
1o
Q All right. That would be handled by the ·
II
detective?
12
A. That's correct.
13
Q. Can you tell us what you recall ofthe
14
lineup that Juan Johnson was in.
15
A.. There were -- at that particular lineup I
16
believe there were five or six guys. I don't
.
17
remember exactly. Two of them was Juan Johnson and 18
·his brother and they were all sitting down. The
19
reason why they were all sitting down is because of
20
the height.
21
Q. Because of th€ height? What do you mean? .
· 22
A. The height. I think Henry was the
23
tallest. So we're trying to get people
24
Page·II4
approximately the same height, so we had them all ·
. 2 sitting down. It's hot easy to find fillers the
3 height of Henry. ·
4
Q. Okay.
5
A. So we had everybody sitting down -- or at
6 least I didn't -- the detective did.
7
Q. Okay. Did the detective control the other
8 side of the glass ·as well?
9
A. No. There's another detective on the
I 0 ·. other side, his partner.
II
Q. Okay. And he would bring in the people
12· for the lineup, the other detective would?
13.
A. I don't understand your question.
14
Q. The partner would handle things on the
15 other side of the glass with the suspects and the
16 fillers?
. 17
A. The partner would be standing to the side
18 in -- with the prisoners -- or with the
·
·
.
19 . participants of the lineup.
20
Q. All right. Do you remember the . ·.
21 identification that was made by Ortiz? ·
22
A. Right now, at this point, no, 'I don't; ,
23 •· but, yeah, I believe he made the
of.
24 Henry and the identification of his brother.
1
STENO (312)236-1414
JR-JJAMERICAN
044709
JOHNSON v. GUEVARA
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Q: Of Juan?
A. Yes.
Q. Okay. And-- go ahead.
A. No. No. That's it.
Q. Okay. And how aboutthe identification
of -- by Mendez, do you remember that?
A. I 'don't remember exactly how the
identifications were made, but I believe they
identified the guys.
Q. And how would it have worked with the -with Ortiz and Mendez,
they have viewed the
lineup separately?
A. Definitely.
Q. And was there
lag ill betw'een?
A. Yeah, there's a time period between them.
Q. Would Mendez and Ortiz have been· able to·
speak with each other between the two lineups, the
two viewings?
A. Nb.
Q. And how was that assured that that
wouldn 't·happcn?
A. Once that person -- they are either ·at
the beginning, beforethey're
they' te all put together in one roorr! .. A'rter. a
Page 116
detective comes, gets one of the witnesses, puts
him in there, he identifiessomebody, he is taken
and put somewhere else ..
The ·<retecti:ve.gqeAJw.ck in there, gets. the
next witness and
the saine thing; back'arid',;; .};i·'
forth with everybody.
Q. Okay.
A. Okay. But after the identification is
made, nobody is put together. Everybody is
separate.
Q. Would Juan Johnson have been interviewed
before this lineup or only after the lineup?
A. You interviewed the suspect after they get
fingered in a lineup.··
Q. Okay. And the othedhree people that had
identified Juan Johnson, according toyou, by
the -- based on the pictures, did those people
stand for and view lineups as well'?
A. Yeah, everybody views the lineup. Every
witness views the lineup.·
Q. So Vasquez viewed the lineup as well
·
A. Yes.
Q, And Michel viewed the lineup as well;
correct?
Page 113- Page 116
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Yes; .
Q. And Gomez viewed the lineup as well;
2
right? ....
A. Yes ..
Q. Did all three of those people identify
Juan Johnson?
A. J do.n!t remember. ..
. Q.
present for:.the lineups that were
viewed by Michel, Gomez and Vasquez?
A. I might have been, yes.
Q You just don't remember those lineups?
A. I don't.
Q. Okay. And there's nothing that would ·.
refn;:shyour memory as to those lineups; right?
A. Well, there were two separate lineups.
Okay .. ··
Q. Were there separate people in the lineups?
A Oh, yes, there was separate people in the ·
lineup. There were Hispanics in the one with
Cordero and Amer-Blacks in the other.
Q. Okay. So the -- buUhe lineup that
Juan Johnson was involved in was the satne lineup
as -A The same lineup.
3
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10
ii
September 9th of 1989?
A. Oh, I don'tren1ember.
Q. Okay. Did you ever tell Sam Perez tha_t
you knew that .a Cobra killed the Eagle?
A. Definitely not.
Q. Did you ever tell Sam Perez,"What Cobras
killed the Eagle, 1 don't care"?
A. No.
Q. Did you ever tell Sam Perez that you would
. prefer that it be "these guys" andpoint to Juan
· Johnson and others?
A
12
No.
·· Q. On the book that you
the picture
13
14 · · book that you showed to the three witnesses,
I 5 many pictures would appear on a page?
16
•
Books. Notjust a book; . ,.,
:
17
· Q. Yes, you're right. Okay.
:
18
A. Books.
19
And, again, there's somewhere between
20 20 and 100 pictures in each of those books,
21 -probably even more.
22
· Q. How many ·would appeaion one page?
Books
23
again A. Four.
24 .
Q.· Do you remember seeing Ortiz at the Butera
Page 118
Page 120
parking lot on September 10, 1989?
five of the witnesses?
2
A. No.
A. I believe so.
3
Q. Do you remember -- do you remember
Q. Okay. Youdon'tknowofanybadblood
4 Salvador Ortiz ever asking, "What are these Blacks
-.
.
.
that existed between Pedro Cordero ana Sam Perez;
5 doing in here" in terms of the lineup or any other
right?
6 identification?
A No, I don't.
7
A No.
Q. Do you
picking up Henry Johnson?
8
Q. Did he ever question you as to how Blacks
A Yeah, I think I did; bu! I don't remember
9 could be involved in the -- involved as potential
for sure. I think I did.
10 defendants iri the case?
Q. And that would have been with your
11
A No.
partner?
12
Q. Do you know· a person nicknamed Saint?
A Yeah,
13
A (Shaking head.)
Q. You don't recall meeting with any of these
14
Q. You have tosay "yes" or "no."
15;';' '"A: 'Oh. No. I'm sorry. No.
witnesses at Kostner and Armitage?
16 · Q. Okay. Is Area 6 _:Area: 6 is at what
A No. ·
Q. You dmi't recall seeing Sam Perez in the
17 location?
area of KoStner and Arinitage on September 10, I 989? 18'
A Belmont and Western.
A. No.
19
Q: And Area 5 is at Grand and Centnil?
Q. And·you never transported Samuel Perez to
20
A Correct.
any police station on that day?
21
Q. You never told Ortiz where any person
A. No.
22 would be standing in the lineup; right?
. Q. H.ave you ever transported Samuel Perez
2J .. A That's correct, no.
to a police station since that time, since
24
Q. And did you ever tell him at any time that
Q. And that was the same lineup viewed by all
2
3.
4
5
6
7
8
9
10
11
12
13
14
15
16
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18
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_ ...
·...
Page 117 - Page 120
, . REYNALDO GUEVARA
Condcnselt TM
Page 121
one person
2
.
-
·,
one suspect used a bat?
A.Noo
1
·2
Q. Did you ever tell :my person at any tinl.C
that one person had possessed -- one of the
5 suspects had possessed a board?
6
A. No.
.Q... Did any person ever tell you that an .·
7
8 individual named Bolicua got hit with a
9 four-by-four?
10
A. No.
Q. Did you: have conversations with Juan ..
n
12 Johnson after his arrest?
A. No. After he was turned over to the ·
13
14 . dicks, no.
Q. And in that 1 mean did you ever have any
15
16 . conversations with Juan Johnson from the time of
17 his arrest until today?
18
A. No.
19
Q. And after his cpnviction you never spoke
20 with him at court during the lockup?
21
A. No.
22.
Q. You've.never saidto Juan Johnson/'Who is
23 fucking your wife today"?
24
A What? No.
3
3
4
4
Page 122
1
Q. You've never said to him, "How has your
2 day been? My days are going to get a lot better
3 when I see you go down again"?
4
A. No.
Q. Do you know if Jose-" or Mr. Negron was a"
5
6 member of the Artesian and Le Moyne section of the
7 Spanish Cobras?
.
casts his
answers
A. I know he totally
was member;
butprevious
I don It know
8
9 what, you know, section.
10
Q. Had you ever heard of anyone referring to
11 you as the stepfather of Mr. Negron?
12 .
A Yeah. They say -;. they say that there.
·
13 But me his stepfather? No. Never.
14
Q. You would never say that'?
15
A. No. I would never say it because it'.s not
16 true.
17
Q. But on the street did people refer to you
18 as the stepfather of Negron?
19
A Most of the guys bullshitting --or, I'm
20 . sorry-- BS'ing would say; but, no.
. 21
Q. Would you correct people when they would
22 say you were the stepfather?
. 23
A Definitely.
24
Q. Okay. Do you have any idea why people ·
a
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·6
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JOHNSON v. GUEVARA
Page 123
would say that?
A. No.
Q. Do you-know where you would have picked up
. the five witnesses onthe street from?
MS. EKL: objection. Fonrfofthe
.
THE WITNESS:· No.
8
9
And I'm sp.ecifically referring to the five
persons that
viewed the photo books or the
lineups.
I0
11
12
13
1'4 .
IS
Q.
A.
No.
Have you ever caused charges· to be placed
against a
whO did not co:rnlnit the crime
charged of?
Q.
},6
17
Q. Have YO\J. ever heard the term "hooking up"?
18
A. Yeah.
19
20
Q. Okay. And what does hooking up mean to
you?
A. To me, hooking up is ·when you hook
somebody up to something, either to --either/or,
23 to a wall, hook them up to a crime, or whatever.
24
Q. Okay, So_ with respect to hooking up for a ..
21
22·
.Page 124
cfline, least in the street people talk about
2 hooking up as being when
places· a
3 another person that was not true; is that right?
4
A That's correct
s Q. OkaY: You've never hooked up any
6 defendant; right?
7
A. No.
about
Negron
in heard
doubton the stn::et that people
8
Q.
You have
9 believe that you hook up defendants?
10
A. Oh, I'm sure they say it allthe time.
11
Q. Well, you've heard that on the street
J2 though, haven't you?
13
A. Yeah.
14·,
Q. They've-- that your reputation-- would·
.1.5 you agree your reputation is that as someone that
16 . has hooked up people?
17
MS. EKL: objection. Fonn of the
18 question.
19
THE WITNESS: That's what they're saying.
1.
20
21
Q. You've heard that from multiple gang
members; right?
A A few.
Q. What gang members have, you heard. that
22
23
24
on
Page 121 -Page 124
CondenseltTh1
JOHNSON v. GUEVARA
Page 125
from?
A I have no idea.
3
Q. That wouldn't stick in your mind?.
4
A No.
5
Q. Were you involved in a case called People
6 versus David Colon?
.7
A. I (}on '.t.remember.
8
Q. Do you !ecall a case in which there were
9 witnesses named Efrain Sanchez and Julio Sanchez?
10
A No:
II
Q. Do you know a person named Efrain Sanchez?
12
A No.
13
Q. Doyou know of a person named Julio
14 Sanchez? ·
15
A No.
16 ..
Q. Were.you involved in. the murder
17 investigation of David Colon?
18
A. I don't even know who David Colon is.
19
Q. So your answer is that you were not
20 involved in that investigation?
. 21
MS. EKL: objection . .Form of the
22 · question;
23
THE WITNESS: That, I don't remember.
Page 127
A No.
-1
2
24
Page 126
2
3
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6
7
8
9
10
II
12
13
. 14
15
16
17
18
19
20
21
22
23
24
Q. Do you know a person named Canalee
(phonetic) Saez, S-a-e-z?
A. No.
Q. ·Were you involved in the case or
investigation involving Robert Almodovar,
A-1-m-o-d-o-v-a-r?
A. l rernember the case, yes.
Q. All right. What can you tell us about the
case?
A. It was a double murder.
Q. And you were an investigator on the case? ··
A Yes, I was.
Q. Okay. Did you.conou.ct the lineup in that
case?
A I believe I did, yes.
Q. ·oid you show pictures to Canalee Saez in
that case?
A I don't remember the name. I might have
showed pictures to the witnesses.
Q. Okay, And did you tell any witness in
that case that "these people" -- pointing to
particular people were the guys that did
.
shooting?
STENO (312) 236-1414
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044712
2
· . Q. Did you tell any witness in that case that
3
he should not mention that you showed him pictures
4 . beforehand?
5
6
A No.
. Q. In connection with the investigation of
7 · the Almodovar case, did you show·pictures to any ·
persons outside of the Police Department -- excuse
me -- police station?
10
A Yes.
II
Q. And what type of pictures did you show to
12 people?
13
A I believe there were IR photos.
14
Q: Were they photos in the Guevara books or
15 were they the -16 · · A. No. They were individual photos, IR
17 photos.
18
MS. EKL: And just for the record I'm
19 . going to object to -- have a continuing objection
20 to the reference to "Guevara books," the term
21 · itself.
8
9
22
23
Q. They were IR --particular IR photos?
24
A I
believe so.
Pag·e 128
So would you have had separate pictures
2 ·.with you in that investigation·?
.
3
A I probably did, yes.
4
Q. Okay. So in that case at least you did
5 things differently than you did in· the Juan Johnson· ..
6 investigation; right?
7
A Yes.
.
. .
8
Q. Okay. Sq,t;tietimes you will.show -- in the
course of yout·duties as a police officer you would
10 have-pictures with you that you would show to
11
people on the street?
··12
A On the street I would show pictures to
13 nobody.
14
Q. Okay .
15
A. On that partkular case I showed a picture
I 6 to one of the victims, surviving victims, at her
17 house.
18
Q. Okay. So you Would not do it out in the
19 street, but you might do it in a house or in some
20 confined area?
21
A At the house, yeah, I would probably do
22 it. Yeah.
23
. Q. Did you -- were you involved in the
24 investigation relating to Thomas Sierra who
Q.
Page 125 -Page
Condenselt
Page 129
1
ultimately became a defendant?
'1
·A. Don't recall the same.·
2
3
3 .... Q.Do you recall speaking with Jose Melendez
4
4 relating to an identification made in a murder
5
5 investigation?
·6 ··A. No, I don't recall.
§
. 7
Q. Is there anything that would refresh your
7
memory
as
to
your
conversation
with
Jose
Mendez?
8
8
MS. EKL: ·objection, assumes that there
9
9
10
10 was a conversation.
TIIE WitNESS:- No.
II
II
12
!2 BY MR. GARDINER:
13
Q. And you don't recall showing a photo array
13
14
14 to Jose Melendez or to anyone in connection with
15
15 the case of People versus Thomas Sierra?
,'-".
16
16
A. No. I don't recall the case, period.
17
Q.
Do
you
know.
a
person
named
Maria
Rivera?
17
18
A. I know a lot of Marias.
18
19
Q. How about one named Maria Rivera?
19
A. I know a lot of Marias, Riveras; but I
20
20
21
don't know who you are referring to.
21
22
22 ·- Q. Do you know a Maria Rivera that lives at
23
23 1535 North Rockwell or lived at that address?
24
A. I don't remember if I do kno.w anybody that
24
1
Page 130 ·
lived there. I don't recall.
Q. Do you remember a case of People versus
3 Gabriel Solachc?
4
A. Yes.
5
Q. Were you police officer assigned to that
6 case?
7
A It was my case.
. ..
.
Q. All right. And that was a -- was it a
8
9 murder case?
A. That was a kidnapping, double murder.
10
II
Q. Okay. And were you the detective assigned
12 · to that case?
13
A. Yes, I was.
14
Q. And ·during the-course ofyour duties in
15 ·that case did you speak with a Maria Rivera?
16 · ·A Again, I don't remember names.
17
Q. Do you reme1nbet a lineup that was
18 conducted in connection with that case?
19
A. There were several lineups.
20 ·
Q. Do you-remember some witnesses viewing
21 multiple lineups?
22
A. Yes.
23 . -·Q. Did
tell ·any witness in the case to
24 point out a specific individual in a lineup in the
2
3
4
a
STENO (312) 236-1414
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Page 131
course·of your investigation?
· A. No, i did not. · . , ..
Q. Did you tell any witness in the Solache
case to identify a person as someone who did the
shooting?
A. First of all, tha:t wasn't a shooting, it
was a stabbing .
Q. Okay.
A. So, DO; The answer is no.
· Q. Okay. I'll ask you again then.
In the course of your investigation in
that case did you tell anyone to identify the
person -- a particular person as the
who
. committed the stabbing?
A. No.
Q. Did you 'talk to tlie assistant state's
attorney in. that case?
A. Numerous times.
Q. During the course of your conversations
with the state's attorney, did he ever tell you
that a witness had stated that she identified an
individual in a lineup at your direction?
A. No.
Q. What happened with the case of People
Page 132
I
2
JOHNSON v. GUEVARA
5
6
7
8
9.
I0
11
12
13
. 14
15
16
17
18
.. 19
20
21
.
23
24
versus Gabriel Solache?
A.
were three offenders.· One got
the -- I believe gotthe death penalty, which it
got reversed c- that's the female, ifl' xp. noh
mistaken -- and. the two males;:
were also found
guilty.
Q. Was there a person that -- against whom
charges were dropped in that
A. No, not that I -- oh,no, Definitely no.
Q. Are you familiar with a case called People
versus Goya or something like that?
A. No.
Q. G-o-y-a?
A. I don't recall the name.
Q. Do you know -- were you involved in the
in_vestigation relating to the charges brought
against Concepcion and Freddie Santiago?
A. No, 1 don It remember the case either.
Q. Do you remember speaking with a witness
named Robert Ruiz in connection with any ·
investigation of yours?
A. J don't recall the name.
Q. And the Robert Ruiz I have has an address
of 1867 Northwest 35th Street, Apartment 3, Miami,
Page 129 -Page 132
·t
2
3
4
5
6
7
8
9
10
Page 133
Page 135
1 · Bellwood, Illinois: Does that jog your-memory in
Florida. Does that jog your memory?
2 'any way?
A. No. ·
3.
A No.
Q. Were you involved in the murder
investigation relating to Daniel Rodriguez?
4
Q. ·Have you ever iold·any witness that the
A. No, not on that case.
5 witness would have trouble next time you saw him if
Q. So you.didn't work the case in which
6 he. did not make an identification of a person at a
7 lineup?
···
·
··
charges were.eventually brought against Daniel·
8
A. No.
Rodriguez?
9
Q. Are you familiar with a person named
A. No.
Leshurn
Hunt?
Q. So you didn't-- did you know a witness
10
·.··
' L-e-s-h-u-r-n
.. '
named David Velazquez?
11
.A Leshum Hunt, yes,.! do:
A I don't know. I don't remember that
12
Q. How are you familiar with him?
A I arrested him.
..·
13
name.
Q. And ·in connection with murder case -14
Q. And during the time that he
in your
15 custody did you give him little food or water and
well, in the course of your career have you ever
. 16 deprive him of sleep?
threatened to pin :i murder on a person who did not
A. The case is along time ago. I don't
17
commit the murder?
18 remember the case; but, no, the answer is no. I
A No.
19 don't remember denying anybody food and water.
Q. Did you ever threaten· to pin a murder
20
Q: Have you in your career ev'er slapped a
person unless they falsely identified someone in a
.
21
witness in the face? ·
murder case?
. 22
A. No;
A No .
23
Q. In the course of your career ha:ve you ever
Q. Do you remember a claim by any person that
you chained
him
to
a
wall
in
Area
5
and
forced
him
24
·
the hair of a witness?
·.··· .. ,,.·.
.
...
.
c-
II
12
13
14
15
16
17
18
19
20
21
22
23
24
JOHNSONv. GUEVARA
CondenseltTM
•
•
•
•
0
.,
'•",•
·a
wis
Page 134
1
2
3
to sign a false statement?
A. No.··
Q. Are .you familiar with Luis Figueroa?
Don't recall the name.
Q. Okay. Were you involved in the ca'seof .
I0
People versus Angel Diaz?
MS. EKL: I'm s9rry. Could you say
again.
MR. GARDINER: A·n-g-e-1, Diaz'.
TilE WITNESS: I don't think so.
II
12
Q. Do you know
8
9
aperson -- a w·ithess named .
15
Luis Figueroa?
Ms:·EKL: objection. Asked and answered ..
MR. GARDINER: I'm sorry.
16
17
Q. Did you ever tell any person that they
should identify a person named Angel Diai as a
defendanLwhen he was not the appropriate person?
A. No.
Q: Are you familiar with Virgilio Calderon
Muniz?
A. The name doesn't ring a bell.
Q. This person lived on Morris Street in
13
14
18
19
20
21
22
. 23
24
A.
Q. Are you familiar with a Daniel Pena?
3
A .. I heard the name.
-··
•
'·
,.
>
Q. Do you remember an investigation of a
5 ·Daniel Pena. that led to.charges against him?
6
A. I heard -- like I said, I heard the name.
7 I don't recall the case.
8
Q. During the course of your career have you
9 ever struck anyone in the face, ribs anq legs in
10 the course of your interrogation of them?
11
A.No.
12
Q. Are you familiarwithMelvinWarren?
13
A. No.
·14
Q. Do you recall an investigation that was
15 sustained against you by the Office of Professional
16 Standards relating.to Melvin Warrcil?
17
· A. I don't remember.
18
Q. Do you recall having sustained
19 investigation againstyou in which the claim was
20 that you had struck a, person with your fist, choked
21 him and verbally abused him?.
n, A. I don't remember.
23
Q. Do you recallever having a suspension-or
24 other discipline imposed upon you by the Chicago
4
A
5
7
No.
1
2
'
4
6
13p
..
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CondenseIt TM
Page 137-
1
2
3
4
.5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
I
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3
4
5
6
7
8
.9
10
11
12
13
14
15
16
17
18
19
. 20
21
-.
22
....
.23
24
Police Department during your career?
A. Yes.·
Q. What discipline do you recall receiving?
A. I received a suspended for -- supposed to
be 30 days that got cut down to 10 days.
Q. Wl).at was that for?
A. That was for a bar thing."
Q. Off-duty bar thing?
A. Off-duty. Yeah:
Q. Okay. And was that involving a woman?
A:·oh. No. No. No.· No.
Q. All right. So tell me about the off-duty
bar thirig· first.
.
· A.. This was just a bar thing.
Q. Okay. Can you tell me what happened?·
A. That was done -- I believe it was
Captain Bazerick (phonetic) who put the complaint
against me because I failed to go into the statiori
and make a report fill
an. arrest
for
the guy -- for a person who was arrested.
Q. You made an arrest in a bar when you were ·
off duty?
A. Yeah.
Q. Okay. And you didn't put in the report?
Page 139
Have you had other discipline?
A. Not to the best of my knowledge, no. Not
3 that I can remember.
4
Q. Do you recall a person named Raphael
5 Garcia?
6
A. No.
7 - · Q. Do you recall that there was an OPS
8 investigation opened on you in which the claim was
9 that you threw a person against a car, struck him
10 in the face several times, kicked him in the head
11
and hit him. in
head?
12
A. No. No.
13
Q. Arid you don It recall a' daiin made like
14 that about your conduct when you were offduty?
15
A. No, I don't.
16 · ' Q. You don't recall receiving a two-day
17 suspension in connection with a claim rr!(.!.de as I had
18 just
. . .
19
A. No. The only suspension I had was the
20 · < 1 0-day suspension.
21
Q. Do you remember arresting a person named
22 David Rivera?
23
A. At this tim.e {don't remember.
24
Q. Have you ever told a witness to say what
· Q.
·· 2
'•
Page 138
A. No, because he was arrested for disorderly
conduct. There is no report needed 'for that.
Q.,Okay..
was the violation then?
A It was that T refused an order from a
captain.·
Q. And what was the order?
A. The order was that he wanted me to go into
the stati()n and sign the complaint, and I told him,
You can do that, I don't need to go there to sign
the complaint.
And that was it.
· Q. Had you -- wer'e you involved in fighting
this person or not?
A. No, l was not.
Q. Can you tell us the circumstance that
caused you to arrest this person?
A. I was at the bar and the guy walked up to·
· me and offered me some· dope -- to sell me some dope
not knowing that I was a policeman. . So I
identified myself as a police officer. The owner
.
of the bar he1trd the conversation, he comes out and
he punches the guy, the guy takes off running.
Q. Okay .
A. And that was it.
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you wanted -- to say what you were telling him or
2 that he would spend titne in jail'?
3
A. No.
4
Q. Dm"),ou paJ1ner with Detective Ernie
5 Halverson at somepoint?
6
A. Yes.
7
Q. Whatye(lrs were;y,ou
with him?
8
.
He was my partner at the Solache case and
. 9 we were partners for about 1Oyears or a little
10 more than 10 years.
11
Q. So in the '90s mostly?
12
A. Yeah.
13
Q. Do you know a person named Armando
14 ·.··Serrano?
15
·A. I know a lot of Serranos, Armandos.
16" ·
Q. Did you ever strike a person in the face
17 with an open hano during the course of an
18 interview?
19
A. No.
20
Q. Do you know a Neida Serrano, N-e+d-a?
21
A: I can't say I do.· I don't recalL
22
c Q. Were you ever present when Detective
23 Halverson struck a.witness or_ a suspect?
24
A. Not to my knowledge.
Page.13 7 - Page 14(
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5
6
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8
.9
10
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12
13
14
15
16
17
18
1.9
20
21
22
23
24
Condenseit TM
JOHNSON v. GUEVARA
Page 141
Page 143
you familiar with an. Adolfo Frias?
I and leaving them f{)r several hours?
A At this point I don't remember if I recall ·
2
MS. EKL: C)bjection. Foundation. Vague.
3
c.THE WITNESS: I don'tremember ever
the name or not.
Q. Do you remember ever telling any person
4 handcuffing anybody to the wall and leaving them,
that if the person would sign a confession
5 unless it was for his safety.
admitting to the crime, his wife and children would
6 BY MR. GARDINER:
. be released from custody?
Q. And what
recall of >this Dembski?
··
7
A No.
8
A I believe that's the case -- I believe he
Q. Do you remember anycase in which a·
9 was involved.in a homicide on Milwaukee and
witness or suspect requested to call the Mexican
10 Belmont.
Consulate?
-·
II
. Q. Do you rec.all if that person
speak
12 English?
A.
Q. Do you know a person named. Eliczer,
13
A I believe he could. I believe· he did
E+i-c-z-czr, Cruzado,
14 · spoke a little bit of English. I don't remember
A. 1 don't recall the name.
15 correctly, but I believe he did.
Q. Have you ever told a witness that he would
16
Q. Do you recall that Dembski was presented
17 with an English statement that he had -- that he
spend the rest of his life in jail unless he did
what he was told?
18 was caused to
19
A. I don't remember.
A No.
Q. Are you familiar with a Santos Flores?
20
Q. Do you know a Rosauro, R -o-s-a-u-r-o,
A Again, I remember a Flores, a case back in
21 Mejia?
22
1984; but I don't know if that's the one. you're
A Don't remember the name.
tiilking about.
23
Q. This is a person
that he
Q. 1 have an arrest in December of 1995.
24 was beaten by you during questioning.
Q,. Are
'·
Page 142
I
2
3
4
A
Ms'. EKL:
9
10
11
::.
12
13
14
·Y
is
16
17
.· :::
18
19
20
21
22
23
24
objection; . Form of the
question.
THE WITNESS:
7
8
1
Q: Have you ever restriCted the ability of a ·
being
suspect to make a phone call while he
'· ,..
held at the station?
s:
6'
No.
.BY Mit GARDINER:
Definitely not
"
Q. Do you know a witnessnamed Gloria Ortiz?
Do you recall that?
And you did not strike -- you have never
4 struck a suspect or a witness; right'l
2
Q.
No.
5
A.
6
Q. Are you familiar with Adriimna Mejia and
7
8
9
10
Q. Do you recall any cases in which the
courts have said that you or your partner violated
Miranda?
A No.
··· Q. Are you familiar with a Voytek,
V-o-y+e-k,Dcmbski, D-e-m-b-s-k-i?
A I vaguely remember a case like that.
Q. I)o you recall putting a person in a Jacked
interrogation room; handcuffing .them to the wall
i6
STENO· (3'i:i)2T6'-l414
JR-JJAMERICAN
044716
No.
3
Don't recall the name.
Q. Did you ever tell a witness that if she
did not make a statement implicating someone that
she would be arrested and her children would be
taken
her?
·· ·A No.
A
·A.
11
12
13
14
15
17
18
i9 ·.
20
21
22
23
24
Arturo Reyes, codefendants in the Solache case?
A Yes .
Q. Could you tell me about the Soiache case.
A. lt was a kidnapping of-- it was all over
the TV-- a kidnapping of like a 2-, 3-year"old and
a 6-month ·or 5-n1onthbaby. Tl:t.q¥
. ' , ... k1Hedthe parents
on Leavitt. I think it was 24 or 2500 North on
Leavitt in the basement.
the lady and the two friends walked into a
basement apartment and killed mamma -- stabbed
daddy·75 times and stabbed mommy I· don't .know how
many tiJl1es -- many, many times·-c and took two
babies.
Q. So they kidnapped the babies and then what
happened in the case?
A They took the kids .. And the lady, Mejia,
the defendant, her husband saw the kidnapping kid
on television and put tWO and two together, the
'
Page 141- Page 144
Condcnsclt TM
Page 145
family, and that was the baby that he had in his·
2
. 2 house.
3
Q. Okay.·
3
4
A. So they called us and we went to the
4
5 9th District -- the 8th District to pick up the
5
6 baby -- the kid.
6
Q. And what role did you have in that case?
7
7 .
A. It was my case from the beginning.
8
8
9'
Q. So were you the detecti'veoi1 the case? .
9
10
A. Correct.
10
II.
Q. And who did you work that case with?
11
12
A. Ernie Halverson.
12
13
Q. What was the ultimate result with that
13
14
14 case?
15
A. I believe I said that she was sentenced to
15
16
16 death.
17
17
Q. Oh,
18
A. And the other two guy-s
sente11ced ,
18
19 to -- a long period of time.
19
20
Q. Okay.
20.
21
You received no discipline in connection
21
22 with the Juan Johnson case? 22
23
A No.
23
24
Q. In this case you are aware that Samuel
24
•1 -
Page 146
Perez came forward at some point and recanted;
right?
A. I don't remember. I don't recall
anything, 1 didn't know anything about that after
the case was -- one of them was sentenced, the
other one asked for the retrial. That was him
again. And his brother copi_Jed a plea and di4 some
d1,1ys and then he went to trial. .
That's all I can tell you about that
case. l don't remember any of the witnesses
recanting anything or saying anything back. I
don't recall ..·
.
2
3
4
5
6
7
8
9
10
II
12
JOHNSON v. GUEVARA
Page 147
Juan Johnson one of them, in this
MS. EKL: objection. First of all, it
assumes facts not in evidence. There's no evidence
that Samuel Perez ever picked ouUuan Johnson or
anyone else.
MR. GARDINER: Well, I'll rephrase it then
if I phrased it wrongiy.
Q. Can you give us any reason why you believe
Sam Perez would have testified that you told him
Johnson to be responsible for
thatyo:u wanted
the murder of Fernandez?
A. No, because i never talked to hip1 about
that.
.
.
Q. Can you think of any reason why Samuel
Pe.rez would testify that way?
A No.
Q. Salvador Ortiz in connection with this
case·has testified thatyou had showed him
photographs and that you had told him that you
wanted particular people picked out.
Do you have _any can you t_(!ll us any
reason why you believe Salvador Ortiz would give
that testimony?
Page 148
.
Q. So you weren't -- after your involvement
in September of 1989, you didn't have further
15 involvement_})ther than your testimony?
16
A The testimony.
17
Q. And you have a general knowledge that
· 18 there was a retrial, ct cetera; right?
19
A. I have a knowledge Of the retrial,
20
Q. Okay .. Let me ask you this: As a person
21 that was in Gang Crimes arid has dealt with gangs
22 throughout his professional career, do you have an
23 opinion.pn why Samuel Perez would testify that you
24 had told him to piqk out particular defendants,
A. No.
2
3
4
5
6
7
8
9
10
I I"
12
13
13
14
14
. ',,,,,.AmtncAN
STENO (312) 236-1414.
JR-JJ
044717
15
16
17
18
19
20
21
22
Q. What is -- do you have a beli(:f as to
whether Juan Johnson is innocent of the murder of
Fernandez?
A. No, I dori 't.
Q. Now, there are various community groups
that have -- seem to focus on some of your actions
as a police officer; is that fair to say?
MS. EKL: objection. Form of the
question.
THE WITNESS: I've heard of it.
Q. Yeah. And can you tell me why you believe
soine of these coinrtnfnity groups have focused· on your
actions as a police officer?
A. No,' I cannot.
(Door knock interruption.)
MR. GARDINER: EXcuse me.
(Whereupon, recess
was taken.)
(Whereupon, a discussion was
had off thc __rec<)rd.)
a
23
24
Page 145 -Page
1
CondenseltTh
JOHNSON v. GUEVARA
Page 149
Page 151
{Whereupon, Mr. Daniel J, Stohr · i Breckenridge or BOo?
· joined the deposition
2
A. No.
via telephone.)
3
Q. Do you know
Essovato (phonetic)?
4
A.The name.doesn't ring a bell, no.
Q. Sir, you can't remember any conversation
5
Q. How about Ramone Crespo (phonetic), do you
· that you've had with Sergeant 0' Donnell in
6 know that person? ·
connection with this case; right?
7 . A. That name doesn'tringa.bell either..
A No.
8
Q. How about a woman named Morales? Do you
Q: You have no opinion· as to whether Henry
9 ren1etnber MarisolMbrales?
Johnson committed the murder in this case, do you?
10
A No.
A I have not.
11
Q. So you weren It present for any interviews
Q. You have no opinion as to whether Hector
12 of any witness; right?
Franco was involved in the rriurder ofFemandez in
13
A. Not thatl can remember, no.·
14
this case either, do you?
Q. Do you remember speaking
or observing
A No.
15 Assistant State's Attorney Bailey in connection
16
with this case?
,..
·· Q. You have no opinion as 'to whether Pedio
Cordero was involved in the murder in this case?
17
A Like I said, I spoke with state's .
.A. No."
18 attorneys. Bow many, I don't know .
Q. Do you know a person named Rita Hawkins?
19
·. Q. How about at the time of the
20 investigation, d.id you speak with any Felony Review
A Don't recall.
Q. Or Renee Hawkins?
21 assistant state's attorney?
A No.··
22
· MS. EKL: And just so the record is clear, .
Q. Rita.Beil? Do you know a Rita Bell?
23 you're talking about this investigation regarding
24 Juan Johnson; correct?
A. No.
c
1
2
3
4
5
6
7
8
.9
10
11
12
13
14
15
. 16
17
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21
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Page 150
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2
•', -.. J,....;:-.-
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Q. Did you ever
at the Medical
Examiner's Report in this case'?
A Nq.
Q. You pon' t recall anything -- you don't ..
recall being present during any interview ofJuan
Johnson in this case?
A. I don't remember.
Q. And there's nothing that would refresh _
your memorx as to what he .said during his
interview; right?
MS. EKL: objection. Assumes facts not in
evidence that this witness was present.
TilE WITNESS: No.
BY MR.
Q. Was a four-by-four ultimately recovered in
· this case?
A. I believe so.
Q. But you weren't involved in anything
involving the four-by-four?.
A No.
Q. Was it recovered before or after your
involvement in the case?
A. After, I believe.
Q. Do you know a person named James
STENO. (312) 236-1414
JR-JJAMERICAN
044718
Page 1.52
1
2
3
4
5'
6
7
8
9
1D
11
12
13
14
15 ·
16
17
18
19
20
21
22
23
24
MR. GARDINER: Yes.
MS. EKL: okay.
THE WITNESS: I don't understand the
question.
Q. Okay. During the-say in
September of 1989, do you recall speaking with an
assistant's state's attorney relating to this case'?
A. Where? .. , .,.,
, Q. Anywhere.
A. Felony Review? No, I didn't speak with
Felony Review.
Q. All right. And you weren't present when
Felony Review was conducting any invf;:stigation in
this· case?
A. No.
Q. So during your 30-something years as a
police officer you·have been disciplined one time?
That I can rec.all, yes.
MR. GARDINER: I'm going to take a break
and call Mr. Stohr and I think I'm going Jo
conclude with a few more
and we'll be
dove. Okay?
MS.EKL: Okay.
Page 149 - Page 152
Condcnsclt.rM
Page 153
(Whereupon, a recess
was taken.)
1
-2
Page 155
Q. What other. lawsuits have you been involved
3 .I3Y MR. GARDINER:
Q. Sir, I have a question about your defense
in this case. Arc there people that you think
· 6 . would have knowledge that would assist in your ·
7 defense of this case?
8
A Well, I was not the only officer. There
9 wa:s a whoie·bunch ofofficers; Sure.
10
Q. And so it would be the other officers that
11 you think would assist you in the defense of the
12 case?
13
A. I believe you bring the witnesses in, 14 they'll probably--- you know, I don't know the way
15 they're going to react. That, I cannot answer or ·
16 . give you an :answer on tliat.
17
Q. Okay. But in terms of those that you . _
18 think would support you, It' would be the police
19 officers?
20
A. It would be the police officers and
2.1 probably some other -- some of the witnesses. I
22 mean, I can 'ltell YO\l.
23
Q.·
Have you spoken with any people.in
24 connection with your defense of this case other
2
in?
3
Leshurn Hunt and Rodney Hunt.
Q. Okay. That's another civil lawsuit?
A. That's a civil lawsuit, yes.
Q: What is the current status of that suit?
A. Oh, this is a long time agb.
Q. Okay.
A In fact, the cor[JOration counsel i's a
judge today.
· Q. Okay.
A. It's McCarthy.
Q. Okay. James McCarthy?
A. I think that's his name. 1 think that's
his name. l think so.
. Q. And are
other
you've been a defendantin?
A. No.
Q: You've been involved ina divorce though?
A I was, yes. Divorce, yes.
Q. How many divorces.have you been involved
in?
A. One.
Q. And who did you divorce?
4
4
5
5
A.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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23
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Page 154
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3
4
5
6
7
8
9
10
II
12
13
-
14
15
16
17
.. - 18
19
20
JOHNSON v. GUEVARA
Page 156
than your counsel?
A My wife, my first wife.
A No.
2
Q. What was her name?
Q. So you haven't talked to potential
3
A Gloria.
witnesses?
4
MS. EKL I'm going tci object at this
·A !haven't talked to anybody, period,
·5 · point in time because I know that you· got
except my attorney.
6 permission from the Court to expand into some
Q. Okay: You wouldn't consider Samuelfl.erez
7 . questions x:egarding his family members; however,
to be an enemy of yours, would you?
8 status of a divorce is not what you represented to
A No.
9 the Court, that that .is in any way related to this
Q. And you wouldn't consider Juan Johnson to
10 lawsuit.
have been an enemy of yours on the street; right?
II
And if you believe there is some valid
A. No.
12 basis you want tci discuss with me offthe record,
Q. Do you believe that gangs were afraid of
13 we can talk about it and perhaps make it part of a
you when you were working Gang Criri1esbaGk·in '89? 14 protective order -c I' don't want to have to come
A I couldn't answer that either.
15 back-- but if you're just fishing into a general
Q. Have you ever told othe'rpeople that the
16 · area of circumstances of his divorce, ·I would
gangs were afraid of you?
i 7 object and ask hirri not to answer those questions.
18 ...
A. No.
MR. GARDINER: Okay.
Q. Have you· ever told any people that you
19
MR. STOHR: These are public records.
could put cases on people?
20
MR. GARDINER: Well, a divorce would be a
A. No.
21 public record.
Q. Have you been involved in any other
22
MS. EKL: That's fine. He's already told
lawsuits? ..
23 · you that he's divorced; but going into further.
24 ·questions about his family members, I would object
A
0
21
22
23
24
STENO (312) 236-1414
JR-JJAMERICAN
044719
Page 153 -Page 156
Condensdt n.r
1
2
3
4
5
6
7
8
9
1o
II
12
13
14
15
16
Page 157
to that at this time.
MR. STOHR: He hasn'ts:tated when
was,·
divorced.
MS. EKL: It's not relevantto this
lawsuit. Questions regarding his family is part of
some of the-matters that we've discussed that are
protected.
Counsel, at the time that we discussed
· this in front of the Court you ·said that you had a
theory of the case regarding why Guevara would want
to put cases on Juan Johnson, and unless there's
some representation made that this somehow goes to
that theoiy and it's rt:levant tothc case, then I .
may revisit my position; but at this time going
into questions about his family or his ex-family I
object to. · - ·
. ·
17
18
All right.
with now.
19
20
21
.. ·, 22
23
24
MS. EKL: I
Page 159
unjustified verbal or physical altercations while
·2 _ on or off duty?
· " ·3
A. I believe so, yes.
4 .
Q. And were you aware of a rule that
5 prohibited you from making a false report written
6 or oral?
7
A. Yes.
8
Q. Were you aware of a rule that required
9 police Officers to ptofuptly report· anfinformation
10 concerning any crime or other unlawful action?
11
A. Yes.
12
Q. Were you aware of a rule that subjected a
13 police a"fficer to discipline for the fail me to
14 report to the Department
violation of
and
15 ._
or any other improper conduct which is
16 contrary to the policies, orders or directives of
17 the department?
you tell us who you live
18
would object to that as welL
20
Q.
)OHNSONv. GUEVARA
A. Yes.
. ·-
Q. Other than the polic;e officers contained
in the reports and the individuals that were named
21 .. in your report that we discussed today, are there
22 any other witnesses .that you are
·.
23 connection with the case involving Juan Johnson?
A. No.
19
BYMR. GARDINER:
Okay. _You filed a
Yes.
Q. When did you file the
Q.
as well?. ·
A.
·,·,·,._
..
Page 158
Page 160
I
A.. I don't remember. It's been a while.
2
Q.
2
3
A.
3
4
5
6
7
Why did you file the bankruptcy?
I was in debt.
..
'
Q. Is there a reason thatyou were in debt?
A. Oh, too many bills.
Q. Okay. You don't dislike Juan Johnson?
A.
19
20
2I
22
23
24
5
Yes.
Q. Andwere you aware of a Chicago Police
Departm(!nt rule that expressly prohibited
disrespect or maltreatment of any person by a sworn
member while on or off duty? .
A Yes. · .
Q. Were you aware that there was a rule that
prohibited sworn members frorrt engaging in
044720
have no further
questions.
MS. EKL: ·We'll reserve signature.
.::.
. FURTHER DIWONENT SAITH NAUGHT ..
6
7.
8
Q.
A.
18
4
N.o.
Did you ever tell any person you wanted to
9 get Juan Johnson?
10
A. No.
11
Q. I have no further -- oh. Wait. Sorry.
12
Are ')lou familiar withthe Chicago Police
13 Department rules that pertained to you when you
1"4 were a police
requ_iriog you to obeyall .
15 laws ·a1id maintain a courteous and respectful·
16 attitude when dealing withal! persons?
8
MR. GARDINER: I
9
10
11
12
13
··-.
14
15
16
11
18
19
20
21
22
23
24
Page 157- Page 16C
Condenselt TM
JOHNSON V. dUEV ARA
Page 163
Page 161
IN TI-!E UNITED STATES DISTRICT COURT
NORTI-!ERKDISTRICT OF ILLINOIS
3
12
Illinois, appeared as attorney for the plaintiff;
that MS. ELIZABETH A. EKL ef the firm of ·
JAMES G. SOTOS & ASSOCIATES, 550 East Devon,
Suite 150, Itasca, Illineis, appeared as attorney
for the defendants.
I further certify that l am not a relative
or employee or attorney or counselof any·of the
parties, or a relative or employee of such attorney
or counsel, or financially interested directly or
indirectly in this action.
In witness whereof, 1 have
set my
hand and affixed my seal of office, at Chicago,
changes or corrections, if any, made on the. Errata
13
Illinois, this
Sheet(>) attached hereto.
14
)
)
)
)
) No: 05 C 1042
)
)
)
)
)
JUAN JOHNSON
4
Plaintiff,
vs.
6
REYNALDO GUEVARA and
the CITY OF CHICAGO,
Defendant$.
9
.
.
-2
3
4
5
6
.7
8
This is to certify that I have read the
I0
transcript of my deposition taken on the 9th day of
II
March 2007 in the foregoin!,\ cause, and that the
I2
foregoing transcript accurately states the
13
questions i.lSked and •mswers given by me, with the
14
15
'9
10
11
16
15
17
16
18
!9
20
17
. REYNALDO GUEVARA.
18
Subscribed ana sworn to
befiire ine this _ _ day
of
· ·
2007.
1 ;
1/i,\ /-" 2007 .
l. ·-
(
--eynthia A. Sinkevicz, C.S.R:
License No. 084-003518
19
20
21
22
':Vii· day of
21
Notary Public
23
22
24.
23
24
1
2
)
COUNTY OF COOK
..
Page 162
SS:
)
3
4
· 5.
6
7
I, Cynthia A. Sinkevicz, Certified
Shorthand Reporter and Notary
Pub he it1 and for the
County of Cook and State of Illinois, do hereby
certify that REYNALDO GUEVARA was first duly sworn
8
to testify the whole truth, and that the above
.·deposition was recorded stenographically by me and
10 was reduced,to computerized tninscriptunder my
9
13
personal direction.
I further certify that the said deposition
shall be exan1ined at1r,i
·.. _._,reau·ovcr&y·
·--
14.
and shall be signed by him and that the said
11
12
15
16
17
18
19
20
21
22
23
24
'
deposition constitutes a true record ofthe
testimony given by the said witness.
I further certify that the said deposition
was taken at the time and place specified and that
. thc.taking of said deposition commenced on the
9th day of Marcl:l 2007, and was completed the same
day.
I further. certify that MR. THOMAS G.
.
GARDINER of the firin of GARDINER KOCH &
. 53 West Jackson Boulevard, Suite 950, Chicago,
STENO (312) 236-1414
JR-JJAMERICAN
044721
. ;·,,..;';
;..
\
Page 161 -Page
'73 [I] 8:24
2500 [1] 144:13
'89 (2] 20:10
154:14 3 (2]
102:11 132:24
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3-year-o1d (IJ
144: I J
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62:10
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05 [2]
161:5-. 152:17.
1:()
2:8
084-003518 [I] 163:18 312 [2] 2:5
8:20
14:4
32131
1 [4] .,
3:15
79:16
·
41:9
79:18
79:22
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132:24
80:1.
99:5.
10[7)
118:18 120:1
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2:5
14_0:9
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4 [2)
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139:20 5 [28]
66:20
66:23
100 [2] 29:2
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80:18
86:19
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96:1
1042 [21 1:6
161:5 . 91:6
96:10
96:12
99:6
lOth !61 ·59:2 ' 62:11
99:8
99:14
99:17
63:19
66:5
72:4
100:14
100:21
101:1
I II: 15
101:3
102:1
102:7
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102:13 102:20 10fi:22
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112:22
108:6
108: II 109:7
120:19 t33:24
13 [4) · Hi:8
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109:I2 109:20
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144:12
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2;4
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163:3
15 [4)
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112:20 550 [2] 2:H
112:22 113:3
6 [16]
66:23
77:16
77:18
77:24
80:12
150 [i] 2:11
163:4
81:2
81:3
81:6
1535[1] 129:23
82:3
95:18
9.6: I
I
[I] 7:22
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-·
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120:16 120:16
18 [1]
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6-month fll
144:12
,_ .1867 [1] 132:24
60143 [I]
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19 [2]
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60601 [I)
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fll Ill: 19 60604 [I)
2:4
J974 [I] 8:23
63 [I]
32:16
1984[1] 141:22
630[11 2:12
1989 [40]
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726-1180 [I]
2:8
20:9
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21:6
735-3300 [I)
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34:17
34:20
75[1]
144:17
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41:5
41:12
79(!)
3:15
41:16
44:17
44:24
45:6
45:14
45:17
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. 45:22
46;4
47:2
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44:17
47:6
49:15
49:21
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45:13
45:17
50:13
51:23
52:13
45:22
46:4
47:6
-52:17
52:21
55:6
49:20
50:13
52:13
56:11
58:22
59:3
fi2;9
63:19
66:6
99:5
950[3] 1:19
2:4
I IUS 118:18 119:1
162:24
120:1
146:14 152:7
38:9
1990 [2] 19:8
19:11 . 9th[ll] 1:20
44:24
49:15
55:6
,,
1995 p 1 141 :24
I 19:1 .
59:2
62:20
2 [21
99:15
144:11 . 145:5
161:10 162:20
20[4]
29:2
41:15
A -1-m-o-d-o-v- a-r [I 1
..
11.3:3. 119:20
.126:7
200 (1] 2:7
A-n-g-e-1 [II
134:9
2606 [I] 7:23
ability 121
105:21
16J:i I. 142:2
2007 LSJ I :20
161:20 162:20 163:13 able (21 27:9
115:16
21 [1]
40:9
72:17
I62:8
222vJ 2:7
abused PI
136:21
2Jrd fll 10:7
according PI
116:16
24 [II
144:13
accurate
111
8:13
.·. 74}3
.
··<.'
.
•
-
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accurately [IJ
161:12
acquired (2J
10:22
11:2
action [21
159:10
163:10
actions 121
148:7
148:15
activities 111
105:17
activity (lJ
44:15
address [21
129:23
132:23
administef[lJ 7:1
admilli'strative [21
6:24
7:4
admitting r11
141:6
AdolfopJ .
141:1
Adrianna fiJ
144:6
163:I2
afraid [21
154:13
154:17
63:12 ..
afternoon 111
afterwards 121
67:7
again [241
55:7.
56:4.
65:20
65:20
66:1
66:17
69:24
72:23
77:13
94:19
Ill: 16 119:19
130:16 131:10
141:21 146:7
9:13
.AMERICAN
STENO (312) 236.-1414
JR-JJ
044722
.. , . .;; -.-
Angel [2J
134:6
134:18
answer [141
5:20
38:12
56:9
89:2
106:11 106:13 106:14
125:19 131:9
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153:15 153:16 · 1s<r:1s
156:17
answered [21 ·· l.lJ :23
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answers [21
64;3.
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64:22
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65:24
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109: I 9
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136:5
136:15 136:19 137:18
139:9
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32:10
32:11
32:14
32:16
33:1
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alike f1l 40:17
allied [1]
13:2
allies [2)46: 18
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allOW ]I]
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23:8 . ·23:-12 . 2.J:l5
appropriate (21 74:8
134:19
approximate r i 1 1i 3:2
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12:3
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16:13
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18: II
21:8
29:21
30:14
31:7
34:24
37;2
47:17
53:3
53:4 .· 66:18
66:19 .· 66:20 . 66:23
66:23
73:20
73:21
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75:11
75: I I
77:16
77:18
77:24
80:12
80:18
81:2.
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82:3
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91:6
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100:14 100:21
101:1
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102: II 102:H
102:13 102:20 102:21
106:21 106:22 108:6
·108:1 I '109:7 . 118:18
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128:20 133:24 156:16
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77:14
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140:15
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53:8
118:15 118:18
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27:16
27:18
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29:20
106:8
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arrest £17J
17:24
35:4
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108:24 121:12 121:17
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137:20 138:I
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109:2
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75:17
arresting 111
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arrests [71
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41:8
41:11
41:15
57:15
58:3
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21:2
59:11
59:16
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62:6
66;15
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ASSOCIATES 121
2:10
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assumes £61
63:2
. 1,00:23 129:9
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115:20
attached lll
161:15
attemptr11
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8:21 .
attcntiont1r
attitude [IJ ·.
158:16
attorney (IOI
131:17
131:20 151:15 151:21
152:8
154:6
163:1
163:4
I63:7
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Attorney's [IJ 29:10
attorneys 111 · 151:18
Avenue L2J-".i' · . Jo7: 1
i
· Index ·Page 1
...
,
....
Condcnselt1M
73:20
benefit PI
14:15
aware[HJ
12:4
best liJ 139:2 .
12:15
44:2
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between
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159:4
159:8
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52:18
74:12
115:14.
3:13
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115:15 115:17 118:5
babies [21
144:19
119:19
144:20
beyondr21
21:14
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145:6 .
bias PI 93:23
background [IJ 4:11
big [2)
108:14 112:18
·.
bad pJ I i8:4
biggCr[11
112:19
bags l2J 34:14
34:16
bills [IJ 158:5
Bailey l1J
151:15 bit[!)
143:14
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120:4
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120:8
bar [71 137:7
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blamed [IJ
44:14
137:13 137:14 137:21
Blankito
[2J
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24:6
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118:4
31:12 47:21
71:2
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blows [11
94:10.
basement l2l
144:14 board l11
121:5
.. 121:8
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..
basic [31 7:6
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30:_10
30:·i4
30:22
31:19
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· battered LlJ
68:6
31:24
70:4
battery [SJ
60:2
82:12
82:13
83:1
67:5
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R3:12 . 83:13 . 84:1
67:10. 69:18
74:9
84,:2
84:3. _84:14
76:7
87;18
87:19
87:23
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137:17
87:23
87:24
88:3
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12:21
88:14
88:14
88:15
119:13 119:14 119:16
beaten [JJ
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70:16
143:24
books rsoJ
16:8
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71:19
16:24 ' 17:6
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78:5
86:23
28:15
28:20
29:1
becamc[J6J
7:11
29:3
29:6
29:9
7:14
10:23
11:5
. 30:4
30:4
30:19
11:13
12:16
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30:20
31:2
31:4
19:5
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31:8
31:14
20:10
21:21
23:23
31:16
77:14
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. 66:15 90:7
129:1
80:21
81:1
81:10
become 121
10:17
81:15
82:19
82:23
59:9
83:8
83:14
83:15
· becoming f21 · ·11:3
.. 83:16
83:18 •' -83:19
12:4
83:21
84:3
87:6
89:16
89:24
100:12
beforehand PI 127:4
119:16
119:16
119:18
beginning [4J
69:23
119:20 123:10 127:14
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break
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. 38:13 . 39:3
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113:19 114:24 146:7
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brought [261
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81:2
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81:5
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. 90:19
96:10
97:16
98:5
98:24
99:6
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100:24 . 101:24 102:13
102:23 108:5
132:16
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122:20
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119:24
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163:17
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59:2.
65:9
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71:6
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72:5
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72:19
73:3
73:9
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85:22
Calderon (IJ
134:21
Calls 121 17:2
26:21
camera PI
17:18
Campbell [JJ · 37:1
42:19
73:21
Canaleer21
126:2
·· I26:T7 " .
0
cannot 121
148:16
153:15
capable [31
94:22
95:1
95:8
captain 121
137:17
138:5.
carcsJ
81:24
96:3
96:4
108:10 109:6
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11.0:2
139:9
care r21 74:18
119:7
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36:3
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136:8
137:1
146:22
carried [IJ
37:22
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... -.·..:-· •, .. .·. ;
:.·:_
STENO (312) 236-1414
JR-JJAMERICAN
044723
aware - concerning
case [lMJ
20:17
103:14 103:17
24:16
24:17
24:18 . circumstance [21
25:11
27:22
27:24
75:24
138:15
. 43:17-. 43:22
circumstances
[iJ
60:6
60:7
60:9
156:16
66:16
70:10
77:9
8:10
. 77:12- 78:20 87:2- City [S] 1:7
11:10
I i:22
161:6
90:24 92:3
92:6
92:1 I
94:11
95:22 .. civil [41 1:13
155:4
97:6
98:19
100:6
155:5
155:16
100:7
120:10 125:5 . claimcsJ
133:23
125:8
126:5
126:8
136:19 139:8
139:13
126:10 126:12 126:15
139:17
126:'18 126:22 127:2
clarification
[i]2J:6
.
127:7
128:4
128:15
clear [2J 65:20
151 :22
129:15 129:16 130:2
130:6
130:7
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59:2
13Q:12 130:15 I 30:18
65:9
65:22
130:23 131:4
131:12 . 70:17 71:6
71:17
131:17 131:24 132:10
72:5
72:14
72:18
132:18 133:5
133:6
72:19 73:3
73:9
133d4 133:21 134:5.
76.:14
85:22.
135:17135:18 136:7. clue[I) 103:16
141:21.
140:8
141:9
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42:16
142:22 143:8
144:7
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52:10 65:9
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65:15
65:22 66:6
l45:8
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145:9
73:21
93:2
93:5
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93:8
93:10 93:13
146:5 ·.. 146:10 147:1·
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147:19 149:7
149:10
Cobras 123J
11:15
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21:12
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31:22
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33 9
33:9
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153:5
153:7
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111:2
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codefendants[!]
causedt4J
97:20
144:7
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coke
PI 34:7
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120:19
Colon[JJ
125:6
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16:7
125:17 125:18
Certified [21
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comttlander [11 '10:20
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certify 161
161:9
committ2J
123:14
162:7
162:12 162:17
1J3:17
162:22 163:6
cetera [1]
146:18' committed [21 · 131:14
149:10
chained [IJ
133::f4
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1i1 110:4
changestJJ
161:14
Common
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25:2
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124:2
communicate
fll
· charged 111 ... 123:15
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charges rs1
123:13
cominunicated LIJ
132:8
132:16 133:7
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104:9
136:5
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121
148:6
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[J 1
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148:14
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137:17
Chatting [IJ
22:9
138:8 . 138:10
Chicago 114J
1:7
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1:19
2:4
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completed
(11
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162:10
158:18 161:6
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Concepcion [IJ 132:17
children l2J
141:6
concern [3J
40:15
142:13
93:19
100:16
choke.d PI
136:20 concerned (II. 93:15
Chris [4]58:21
103:12 ....conccming
PI 159:10
.•
··,.·
.
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· •
-
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",',·.•,
;,
Index Page 2
CondenseIt TM
conclude Lll
152:22
93:12
93:14
117:20 criteria [tJ
28:10
118:5
149:17
conclusions [IJ 77:4
Cruzado [tl
141:14
comerrsJ
34:14
condition fll., 6:15
cuffed [IJ
108:10
34:16
38:15 38:17
conductrsJ
75:6
currentr21
3;14
80:1
126:14 138:2
139:14
155:6
corporation
PI 155:9
159:15 .,
. custody f2J
.135:15
6:7
conducted LlJ
130:18 correct [48]
141:7
6:13
6:21
7:6
conducting [II 152: 14
cut rtJ
137:5
7:10
7:13
7:16
confession [IJ 141:5
Cynthia
[3J
1:16
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16:9
18:1
163:17.
162:4
20:4 . 20:11
confidence £41 22:5
19:16
22:8
22:24
23:5
20:15
22:12
26:4
3:1 c
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27:23
28:14
30:12 . D-c-m-b-s..:k-'i{IJ
. confident:ial £71 14: 19 ·
39:5
45:12
45:16
14:22
15:2
18:14
142:21
45:20
47:18
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18:15
18:18
19:15
daddy
[IJ
144:17
52:6.
58:13
61: II
confined [IJ
128:20
Daniel
L7l
2:6
72:8
72:16
73:10
connection [18] 21:22
2:6
133:4
133:7
75:3
75 5
75:16
69;2
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69:7
136:2
136:5
149:1
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82:21
96:23
69:17
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127:6
102.:4
103:7
106:2
date [21 7:20
7} :16
129:14 i 30:18 132:20
113:13 116:24 120:20 David rs1
125:6
. 133:14 139:17 145:21. 120:23 122:21 124:4
125:!7 125:18 133:11
147:18 149:7
151:15
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139:22.
153:24 · 159:"23
corrections [IJ 161:14 days 111 8:16.
55:10
consider £31
93:23
correctly [2J
79:14
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137:5
154:7
154:) 0
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137:5
146:8
considering [IJ 52:14
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dead [IJ 40:9
· consisted [IJ
24:4'
4:21
deal [31 47:19
51:14
consists [II
79:24
counsel [71
23:6
56:6
constitutes £11 162:15
65:23
154:1
155:9
dealer [4J
33:24
157:8
163:7
163:9
Consulate f1J
141:11
58:5
58:8
58:12
CountypJ
1:18
contact f4J
50:24
dealing £41
37:7
162:2
162:6
56:10
56:12
57:9
51:18
56:8
158:16
course [21J
25:15
contacts L1l
57:10
dealings [tJ
53:13
53;J3
54:8
54:8
· contajncdr11 · rs9::T<f
dealtrtJ 51: )6 · . 146:21
65:14
71:21
73:1
[1J
79:23
67:2
76:7. 98:12
103:13 death[JJ 59:1
67:4
67:7
69:18
continue [I 1
62:12
103:21 128:9
130:14
132:3
145:16
131:1
131:11 131:19
continuing fll 127:19
133:15
135:23
136:8
debt
£21
158:3
158:4
159:16
. contrary [11
136:10 140:17
December
[IJ·
141:24
control [11
114:7
court [OJ 1: 1
5:12
defendant
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controls 111 .
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156:9
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conversation rnJ
courteous Lll
158:15 defendants f8J 1:8
38:10
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124:9
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163:5
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convicted 111
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conviction LJJ 110:10 ·124:1
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convictions 111 32:20
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department [211 4:23
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162:12 162:15 162:17
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depositions [II 1:15
deprive [IJ
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describe rfJ
22:1
description fiJ 26:14
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20:3
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21:21
90:24
91:7
92:2
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112: 11 H3:12 114:6
114:7
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116:1
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direction 121
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directives [II
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directly l41
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100:22 100:24 163:9
discharge [11·. '6: 19
discharged 121 6:14
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discipline rs1
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dope [71 33:24
34:1
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37:7
37:9
138:18 138:18
doubler21
126:11
130:10
down[14]
5:12
5:19
15:7
15:9
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73:11
113:19 113:20
114:2
114:5
122:3
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Dragons [31
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drawr21 74:12
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Drive PI
96:1
108:12
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dropped [11
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drovep]
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64:2
96:2
drugrsJ 40:23
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4l :8
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..34;3
drugs ll6J.
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34:21
34:24
35:11
35:15
35:19
36:17
36:23
37:5
37:16
38:16
51:14
56:6.
51:16
56:8
duly 121 4:3
162:7
during [16]'
21:20
41:15
103:13
121:20 130.:14 131:19
135:14 136:8
137:1
140:17 143:24 150:5
150:9
152:6
152:17
duties 121
128:9
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duty(4J 137:22 139:14
158:21 159:2
3:1
3:13
Pl21
Index Page::
.. •.. -'
E+i-e-z-e-rp] 141:14
Eagle [1HJ
46:11
50:22
50:23 . 55:3
65:i6 -; 65:17
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66:7
66:12
66:9
66:12
67:2
66:13
92:16
92:20 ·.. 92:23
119:4
119:7
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11:18
32:2 . . 32:3
46:22
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83;17
93:16 .
·'
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94:7
early [21 62:19__ . 63:11
East til :UI
163:3
EASTERNr21 1:2
161:2
easy [IJ 114:.2
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55:1
55:9
63:9
92:22
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effectpJ
68:17
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125:11
either p3J
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39:10
58:12
82:17
87:22
115:22
123:10 123:22 132:18
149:14 151:7
154:15
either/or [tJ
123:22
EKLt4sJ
2:10
5:11
12:7
13:9
13:14
13:21
17:2
21:16
22:15 .. 23:6
. '23:10
26:21
27:6
40:4.
61:265:10
65:23
71:7
79:5
80:15
89:2
98:13
100:23 109':19 109:22
· Ill :3
111:23 .l'B:5
124:17 125:21 127:18
..
129:9
134:7
134:14
142:5
143:2 . 147:2
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150:11 151:22
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152:24 156:4
156:22 157:4
157:20
160:3
163:2.
elicit LIJ 5:20
Eliezcr PI ,
141:13
ELIZABETH £21
2:10
163:2
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163:7
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8:14.
encompass Pl 21:14
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cndr11 77:1}
enemy121
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· · engaged111
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engaging lll
158:24
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143-:12
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133:1
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14:5
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feet £41 112:20 112:22 - focused p 1
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68:2
114:5 .116:6
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76:-11
83:19
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105:14 105:21
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evidence £61
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:: '132:4
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147:12 148:4
followsrtJ
4:4
exactly t7J
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35:5
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113.18· 115:7
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L4J 29:14 ---29:18 .
6:9
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161:11
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78:2.
85:15
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-161:12:
85:19
86:12
86:16
Examiner's [lJ 150:2
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94:14
except[!)
- 154:6
13:9
21:16
22:15
fighting [2J
94:7
40:4
111:3
123:5
excuse[3]
55:11
138:12
124:17
142:5
127:8
148:18
Figueroa (21
134:3
148:9
exertpJ 105:16
134:13
fqrth[SJ 1 Ll9
13:2
Exhibit [JJ
79:16 _FigurepJ
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file (3J 16:5
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16:4
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63:6 ' 63:9
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expected L2J
86:1
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102:13
files [11 15:3
87:3
110:15
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132:5
fill [4] 26:16
26:17
expenence [3J 11:24
Foundation (21 65:10
107:4
137:19
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105:8
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fillers 191
24:5
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59:24
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25:4
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expressly PI
158:i9
114:2
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four-by-four L91
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109:14 financially [IJ 163:9
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facilitated PI 36:4
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fiTm[2] 162:23 163:2
fact (31 36;2
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facts £5J 63:2
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fair [21 106:19 148:8
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108:20 131:6 - 137:13
fa1Se[6]53:20
53:23··
147:2
156:1
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friends r6i ·
104:18
54:2
54:5
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fishing.rtt · ... 156:15 'l0'l:21 104:23 lli5:3
159:5
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fist Pl 136:20
falselY PI
133:20
front t3J · 37:3
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26:13
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58:24
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121:23
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11:24
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10:9
10:12
10:14
10:16
10:17
10:23
11:3
11(5 -. 11:13
12:5
12:5
12:18
12:22
13:5
13:7
14:3 ..
14:9
14:16
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16:3
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16:8
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19:11
19:18
19:20
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51:23
52:7
52:15
52:'22
53:11
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55:3
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66:9
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67:23
68:2
68:8
70:4
70:9
. 70_:]6 .70:-n-. 74:;8 ...
. 74:13 . 74:13
7'4:19
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105:18 105:21 111:15
124:21 124:24 146:21
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46:7
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gangs [34J
10:21
11.:2
10:22
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11: 11
11:12
11:21
12:1
12:12
12:13
12:13
12:23
19:J
20:24
21:4'
21:4
21:7
21:10
21:13
31:13
52:3
54:19
54:21
54:22
55:22
66:19
66:22
67:13
83:19
105:14
146:21 154:13 154:17
Garcia ttl
139:5
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2:3
3:5
4:7
5:15 . 12:11 . 13!12
13:17
13:22
17:5
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23:9
23:18
27:1
27:8
40:7
63:5
65:12
66d
66:4
71:14
79:7
79:8
79:15
8Q:_2.7 •..
.
.
I
I
-
.. .
Index Page 4
98:15
98:18
109:21 109:24
111:6
112:4
124:20' 126:(
129:12 134:9
134:15 134:16
-- 143:(1
147:6.
148:12 148:18
150:14 152:1
'152:20 153:3
156:20 157:17
160:1
162:23"
gather[!]
gathering [IJ
Gawrys [JJ
... 75:22
96:5
101:2
110:1
123:8
127:22
134:11
142:8
147:8
149:4
152:5
156:18
162:23
30:14
77:13
61:17
.·.. GCCJlJ 42:5
general 111
4:16
41:10
60:22
62:2
63:15
146:17 156:15
generally 121
6:18
' 85:21
gentlemen 121
83:13
100:21
girlfriends [Il .12:24
given [5]39:11
54:1
74o22
161:13 162:16
glass 141 112:9
112:13
114:8
114:15
Gloria 121
142:9
156:3
. goal [IJ 23:2
goes [41 31:18
42:1
11Q;4. -157:12
· Gomez 12o1
55:1
55:9" 63:9
63:9
80:11
80:13
80:20
81:1
85:8
90:2
90:10
92:22
98:4
102:23 103:9 . 103:20
104:17 106:12 J 17:2
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gone 121 89:24
98:7
Governor til
4:14
GoyapJ132:11 ·
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120:19
grew [JJ 11: 1o 12:3
6&:17
group til
lll:lO
groups 121
148:6
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grow 121 55:21
55:23
grQwing[IJ
55:20
guess [2]16:19
25:11
Guevara £18J
1:1
1:11
3:3
4:2
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4:10
31:8
31:15
79:16
79:17
79:22
88:15
127:14
127:20 157:10. 161:6
161:18 162:7
Gllillcrmo [IJ 57:8
. guilty fJl
. 43:22
110:16 132:6
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78:5
82:15
82:16
82:16
.. _, ..,,,
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13.8:17.
Condenselt TM
138:22 138:22
guys [29]34:13
47:7
49:19
61:'23 .
63:14
77:15
78:14
85:18
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99:22
100:3
102:12 102:12
113: 17 · ii 5;9
122:19 ._126:23
H PI
3:13
hair [11 . 135;24
Halverson LJ1
140:23 145:12
hand 121 I-40:17
handcuffedpJ
handcuffing [31
142:24 143:4
handlet2J·
114:14
handlcdt3]
60:10
113:11
handling [II
hangr21 12:24
hanging fll
happy121
110:13
harm (IJ 97:20
Hawkinsr21
149:21
head (41 5:6
139:10. 139:11
hear [IJ · 95:2 ·
heard [19J -··
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95:1
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122:10
124:11
124:8
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138:21
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6:6
7:11
HectoT[6J
46:1
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93:7
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113:21 113:22
114:1
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45:18 .. 45:22
93:17
95:7
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higher-:-up PI
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implicating £11
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informants rsi 14:19
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114:21 114:23 114:24
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65:6 ·_ 68:5
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68:12 ·. 68:14
129:4
135:6
71:2
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24:6
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113:23 identifications [IJ
115:8
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77:2
90:1
77:3
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159:9
105 24 identified f6J
:
115:9
116:16 131:21 - initial PI
76:20
133:20 138:20
innocent 121
110:16
20:2
identifies [IJ
116:2
148:3
identlfyrt2J
78:4
inside [IJ
70:17
39:4
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interested £21
23:3
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£11
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161:1
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9:19 ' 22:7
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163:1
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136:10 142:24
imtnediate fiJ 96:23
interruption p t 148:17
38:8
iirimediately [2]71 :24
intervene [IJ
48:7
117:19
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inteiviews [41 23:20
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19:24 . 54:9
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investigative LIJ
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investigator 111 126: 12
involved[29J
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44:4
44:7
44:15
59:9
67:-2
67:13
86:12
107:3
117:22
120:9
120:9
125:5
125:16 125:20 126:5
128:23 132:15 133:3
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149:13 149:17 150:18
155:19
154:22 155:1
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involvement £7140:3
43:14' 43:17
43:21
146:13 146:15 150:22
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112:5
126:6 . 137:10
150:19 159:23 .
IR !SJ 88:23 127:13
127:16 127:23 127:23
Itasca 121
2:11
163:4:
itself[2J 87:19 · 127:21
1 [3]
2:6
2:6
149:1
Jackson l3J
1:19
2:4
162:24
jail [4J 40:9
40:22
140:2
141:17
2:10
[4]
Index Page:
.REYNALDO GUEVARA
CondenseltrM
150:24 155:13 163:3
judge [lJ 155:10
jeopardize [2J
100:5 _ Julio [2J 125:9
125:13
100:7
June[2)_7:2l.·c.· ]:22
Jesus PI 4:19
keep L6J 16:4
19:12
job[SJ
110:14 110:17
23:16
47:13 -48:6
110:18 110:20 Ill :13
89:20
'
31:19.
keeps [IJ
JOg [2] ·- I 33:1 . 135:1
Johnson [841
I :4
kept [21
88:15
33:3
33:4
33:10
kiCked[JJ
32:7
33:11
33:22
34:12
32:9
139:10
34:-16
35:22
36':10
kid[J) 55:24
144:23
36:16
36:22
37:15
145:6
38:7
38:11
39:4
kidnapped [IJ 144:20
39:24
40:2
40:8
40:12
44:10
44:19
kidnapping L4J 130:10
44:23
45:6
45:15
144:10 144:11 144:23
45:19 45:22
52:18
kids 121 'i5:19
144:22
84:21
84 23
84:24
- 48:19
killed
tnJ
86:3
86:6
87:14
62:20
65:9
65:16
87:15
89:9
93:1
6ij:6.
65:22
66:8
93:4"
93:17
93:17
66:12
66:13
119:4
94:2()
94:10
94:16
I !9:7
144:12 144:16'-94:22
95:7' 97:2ll
97:24
107:6
107:14 kindt1J 45:9
107:19 108:3
108:12 kinds [2]34:5
37:7
W8:23 109:23 110:2
King £41 65:9
65:18
110:10 110:24 112:6
65;22
65:24
113:15 113:18 116:11
:Kings (1]
11:17
116:16 117:6
117:22
21:9
21:11
32:1
1 18:8
119:11 .121:12
32:2
46:17
46:20
121:16 121:22 128:5
kneW(23J
33:8
145:22 147: I
147:4
35:1 j_ 36:6
33:11
147>11 148:3 • 149:10
50:12
50:14
55:19
150:6
!51 :24 154:10
55:24
64:23
66:18
157:11 158:6
158:9
86:9
89:13
161:3
.
.. 86:4
92:i:S92:ls·
- joined (2]
8:22
93:4
93:1
93:7
149:2
93:9
93:17
93:i8
Jose [7J 41:21
41:22
119:4
42:6
122:5
129:3
knock
[lJ
148:17
129:8
129:14
knowing[IJ
·138:19
Juan (86J 1:4
33:3
10:21
33:4
33:10
33:11
11:2 .
10:22
11:6
33:22
34:12
34!16
12:1
11:8
12:12
35:22
36:10
36:16
21:14
33:22
48:1
36:22
37:15
38:6
50:3
139:2
140:24
40:2 .
38:10
40:8
146:17 146:19 153:6
40:12
44:10
44:19
44:23 45:6 . 45:15
knowledgeable poJ
52:18
56:17
57:4
11:12
11:15
II :16
80:24
84:21
11:19.
84:23
11:17
I 1:18
84:24
86:2
86:6
11:20
21:1
21:5
87:14
87:15
89:9
21:7
92:18
92:18
93:1knOWD[IO]
34:12
93:17
94:10
94:16
49:5
55:18
56:18
94:19
94:21
97:20
57:8
58:17
80:24
97:24
104:14 104:21.
109:12. 110:20
86:2
105:2
106:7
106:9
2:3
l'D7:6
I 07:13 10Tr9 KOCHt2J
162:23
108:2
108:12 108:23
53:8
109':22 110:2
I JO.: 10 Kostner [4J .
53:8
118:15 118:18
110:24 112:6
113:15
113:18 115:1
[lJ
116:11
116:16 117:6
117:22 . 135:10
ll9:10 121:11 12Ll6 labeled [2J
79:22
12_1 :22 128:5
145:22.
79:24
147:1
147:4
147:11
lady 121 144:15 144:22
148:3
1:"0:5
!51 :24
lag [IJ
115:14
154:10 157: II 158:6
158:9
LaSallep{·159:23 161:3
2:7
Juanchi r21
56:18
last [21 7:21
42:7
.. ' '· :_- .. .' - ..
,, 92:19
, ...._.-
..
jeopardiZe - Miami
late [IJ 62:19
100:14 100:18
102:7
102:24
LatinpoJ
11:17
106:17 1()6:24
11:)8 : g:I9 - 21:11 32:1 '
:.);2:2 ''107:'7. 107:17
Ill :21
109:3
32:3
46:17
46:20
112:5
113:15
46:22
55:3
57:7
114:12. 114:19
65:9
65:16
65:17
115:23 116:12
65:18
65:22
65:24
116:14 116:19
66:6
66:9
66:12
116:21 116:23
66:i2 • 66:13
67:2
117:19 117:21
92:16
92:20 . . 92:23
. 117::24 I i8:1
93:16
93:24
120:22 126:14
Latin-type (11 21:13
'130:24 131:22
laughing [IJ
108:16
lineups [IOJ
LAWtiJ2:6
11_6:18. 117:8
laws £11 158:15
117:14 117:15
123:11 130:19
- 155:4
lawsuitr41
155:5
156:10 157:5
listed [6J
62:2
63:8
lawsuits 121
154:23
64:17
99:3
155:1
iive 121 28:1 I
lay [IJ -·in :23
livedtf>J 43:12 ·
37:1
122:6
Ler21
73:9
129:23
lead [IJ 68:5
134:24
leader [I OJ
52:8
lives riJ 129:22
52:23 . 52:24
53:2
living [11
.54:13 54:15
67:20
74:17. 7(17
106:3 _ location [SJ
36:16
36:22
leaderSpJ
51:24
120:17
74:13
locations [IJ
learn [21 27:13
65:15
lockedpJ
leamedtJJ
15:8
15:10
70:19
lockup [41
26:13
26:15
leastt9J 27:24
28:2
34:22. . 83:19
91:11 . logicallyr1J ·
102:i9 114:6
124:1
look [lJJ 30:7
. 128:4
67:18
72:5
leaving [2J
143:1
78:16
80:15
143:4
89:10
89:10
150.:1
109:5
Leavitt [2]
144:13
144:14
looked 121
89:13
77:4
led (iJ
13.6:5
looking [toJ
left LIJ 32:17
61:21
61:24
legs [11 136:9
68:2
74:15
LeshumpJ
135:10·•
80:10 .82:24
135:1.1 155:3
•.
LTDt11 2:10
less [JJ 24:19
41; 18
Luis [2J 134:3
4l:l9
102:1
103:6
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'107:21.
Ill :22
113:16
115:12
116:12
116:20
ri7:2
-117:22
120:5
130:17
135:7
115:17
11}:11
117:17
1.50:2}
61:9
63:15
AMERICANSTENO
(312) 236-1414
JR-JJ
044727
·:' !. ""',
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medical [21
150:1
meetm 28:9
15?:18
7Y2 .- . 10:9 . . .
130:1
meeting[4J
107:13 ')07.:16
..
Mejia [3J
]2:20
144:6
144:22
II :21
Melendez f2J
70:10
129:14
Melvint2J·· 37:16
136:16
1'42:23 memberp7J
17:15
33:9
33:23
121:20
46:8
48:8
.· 50:2-1.' 51:21 .
6.7:3
65:4
Ku
67:17
94:17
122:6
73:18
158:21
87:16
members [261
. 89:21
13:5
13:7 .·
14:16
14:24.
67:22
15:24
16:3 .
2'8:1616:20
61:8
38:4
38:5
62:1
54:17
68:2
76:24
74:8
105:21
112:2
124:24 156:7
..
158:24
134:13 Memor21
57:10
79:24
mcmory(6J
117:14 129:8
16:10
135:1 . 150:9
level [l 1 72: 15
maiD[lJ 74:17
liar [11 53:15
License (IJ.
163:18 maintain l21
158:15
life [21 44:12
141:17
maintained (I] 16:11
likely [IJ.
109:13
malesr11
132:5
liniitation £21
32:11
maltreatment.(1J
32': i 5
158:20
limited Pl
44:22
mammapJ
144:16
lineup (731
9:12
maD[2]
.
6:6
7:12
9:16
23:23 . 24:3
·
Marchp1
1:20
24:424:5
24:10
24:12 ·-24:12 .. 24:15 .. 161:11 162:20
24:21
25:1
24:23
1vfaria [4J
129:17
25:3
25:6
25:17.
129:19 129:22 130:15
25:21
25:23
26:5
Marias 121
129:18
26:10
26:20
27:4
. 129:20
27:10
27:19
28:11
marijuana 121
34:6
70:7
. 80:19
99:7
34:7
99.:18
100:1
I 00:1 1
Marisol (IJ · . .. 151:9 ...
•
mark[IJ 79:15
marked[JJ
79:19
·. 79:21 87:24.
matters [IJ ·
157:6
may[4J 35:8
35:9
57:16
157:14
McCarthy r21
I 55:12
155:13
McCoyrs1
58:21
103:9
103:12 103:15
103:17
mean [Ill .. ,.
23:11
46:11 . 53:1
66:19
76:9
94:5
Ill: 12
113:22 12.1:15 123:19
153:22
meamng 121
53:3
]{)2:2
Mendez[ISJ
78:10
80:8
80:14
80:18
99:20
102:2
105:6
115:6
115:16 129:8
mention [I]
mentioned [9J
23:22
26:2
45':944:18
79:9
80:9·
merely (I]
messedpJ
mcttlJ 81:17
MexicanpJ
Miariiifll····' '
6:15
69:5
81:13
118:14
143:21
129:3
136:12
23:14
37:17
48:17
55:3
93':24
122:8
12:23
14:10
15:22
16:8
29:14
47:23
70:10
124:22
156:24
57:9
99:11
133: I
I
57:18
80:9
99:16
102:6
115:11
127:3
18:13
28:10
79:6
67:4
40:21
141:10
132:24
Index Page 6
Coridenselt TM
Michel [2IJ
57:4
78:13
80:13
80:20
' 80:24
85:8
90:10
92:18
102:23 103:20
104:21 106:7
116:2f 117:9 '
might[26].
54:10
56:4
58:6
58:9
65:5
69:13
72:22
72:23
92:12
92:13
95:20
96:19
99:9
99:10
107:5
117:10
'. 128:19
military £21
6:23
, Milwau_l!;ee [lJ
mind [3J 73:23
125:3
Mingey LIJ
[1]
Miranda[1J
mirror[11 ·
mistake Pl
.
mistaken [91
50:23
53:6
57:6
' 81:4'
132:5
mommy til
Morales £21
151:9 •. '
rnom.ing l4J
62:9
62:19
Morrisp1
most l3J 55:7
122:19
mostly lll.
mother[4J ..
43:4
43:9
mother's 121
43:7
move l2J24: 13
movedr11
moving 111
Moyner21
122:6
2:10
12:7
13:9
13:21 . 17:2
22:15 . 23:6
. 26:21 . 27:6
63:2
65:10
71:7
79:5
89:2
9tl:l3
109:19 109:22
111:23 123:5
125:21 127:18
134:7
134:14
143:2
i47:2
150:11 151:22
152:24 156:4
157:4
157:20
163:2
. ·.. mu)tip}.l<.L2J .,
56:17
130:21
neighborhood [IJ
78:13
73:5
MuniZ [I]
134:22
80:24
never[JO]
30:2
24:24
90:3' .• murderp21 '·
25:6 .. 25:14 25:15
35:2
35:23'
35:24 .
98:4
36:2
36:2
36:11
27:24 49:7
60:3
104:14
36:11
36:14
37:13
67:8
74:10
76:8
106:9
.44:9
'48:24. 54:19
86:'23
91:3
94:1
60:3
71:16
75:24
98:1
108:20 110:10
52:9
104:1
104:5
104:9
125:16 126:11 129:4
56:5
118:20 120:21 121:19
130:9
130:10 133:3
62:16
121.:22 122:1 ... 122:13
133:14 133:16 133:17
72:19
122:14 122:15 124:5
133:19 133:21 147:12
83:11
144:3
147:13
149:10 149:13
148:3
93:23
149:17
neW[!] 84:14
97'17
murdered p 1
68:6
next [5] 19:19
59:11
101:4
59:'18 ' 116:5
135:5 .
23:20
126:19 murderers [l]
nickname.£31
49:23
3:1
.
. ' ' Nfll·
50:8
50:10
6:20
N-e-i-d-a LIJ
140:20
nicknamed
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name [341
4:8
·nicknames [2] 39:21
)8:4
23:15
143:9.
37:4
. 39:23·'
4'3:6'
42:4
42:7
74:3
43:7 .
58:19 59:19 . night[lJ :6():13
·
63:14
63:13
74:3
nights [11
8:16
59:21
74:5
74:6
86:10
nine[l] 9:9
8il:15
89:22
126:19 132:14
nobody [21
!J6:9
142:18
132:22 133:13 134:4
128:13
134:23
J.36:{J
136:3
"
26:7
141:3
141:15 142:10 none[l] 41:6.
65:19
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procedures £51 9:6
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process [IJ
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prohibited £31 158:19
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promptly Pl
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157:7
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127:18
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Index .Page
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8
recorded LIJ
records111
recovered £21. 150:21 . . . . .
162:9
156:19
150:15
132:19 133:12 133:23
135:18 135:19 136:4
136:17 136:22 139:3
139:2:1: i39::i3 'i4l:2
141:4
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146:10 149:5
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reference £11
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regardless £21
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61:9
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63:8
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71:1
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76':20
74:6
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78:14<· 78:17 ·78:20
regular [1]
10:15
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79:23
regulations [II 159:15
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88:5
related [3J
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88:12.
6:17
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139:18 156:9
90:2
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relating [13]
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159:5 . 159:9
23:23
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159:14 159:21
128:24 129:4
132:16
133:4
136:16 152:8
reported L11
53:11
relationship i4J 43:1
reporter rs1
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104:14 104:17 104:17
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162:5
relative [2J
163:6
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remember [122] 5:9
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23:9
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64:5
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119:17
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139:22
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role [11 145:7
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50:6
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separately [3J
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Index PageS
I
44:17.,
33:21'. 38:9
44:24
45:6 ' 45:13
45:22'' 46:4
45:17
47:6
49:15
49:2050:13
51:23
52:13
52:17
52:21
55:6
59:2
62:17
63:19
66:5
72:4
99:5
111:15 118:18 119:1
120:1 -- 146:14 152:7
sergeant[6J
20:21
59:18 59:19
59:21
74:16
149:6
serious (IJ
44:4
Serranor21
140:14
lf!{):20
Serranos [IJ
140:15
serviceman 11 J 5:2
serV-ingr21
12:2
43:24
31:14
set 121
163:11
severalr41
54:10
130:19 139:10 143: I
Shaking121
5:6
120:13shall 121 162:13 '162:14
Sheet [IJ 161: 15
shift 131 62:8
76:1
76:2
shooting r4J
86:23 ' '
126:24 131:5
131:6
Shorthand (21
1:16
1.62:5
show 1221
. )4 :S'c
28:4
28:5
28:7
28:18 28:20
29:7
30:6
31:3
70:1
70:4
77:20
78:779:21
81:20
88:14
126:17 127:7
127:11
128:8
128:10 1.28:12
showed[9]
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103:21 103:24 119:13
119:14 126:20 127:3
128:15 147:19
showing L4J .
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77':14
77:16
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75:14
112:8
112:13 113:5
113:6
114:8
114:10
114:15 114:17
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128:24'
129:15
sign (5J 134:1
138:8
138:9
141:5
143:18
signature [IJ
160:3
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78:14
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28:12
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82:15
simplyrtJ
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sit £41
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-- ·28:2
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···'
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135:20
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140:8
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sold rsJ 34:4
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34:6
34:7
34:7
34:7
37:8
37:16
soldierp)
74:16
soldiers 121
74:14
105:10
. '·
solving [21
77:9
77:12
someone [111
23:4
26;19
69:683:10
84:14
94:22
100:12
100:12 106:8
106:16
106:16 109:20 124:2
124:15 . 131:'1, 133:20
142:12
sometimes [51 28:16_
31:2
31:18
75:8
128:8
somewhere 121 116:3
119:19
sorry £71 46:21
65:19
120:15 122:20 134:7
134:15 158: II
SBTOSr21 ·-· · · . 2:10
163:3
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source £21
15:9
18:19
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31:21
32:c2
33:9
37:17
37:20
40:15
42:16
42:18_ 44:U
44:14
46:17 ·46:22
52:10
65:8
65:15
65:21
66:6
73:21
. 93:5 .. 93:8 .·.
93:2
93:12
93:24
111:2
Ill: 19 122:7
Spankyr4J
50:11
50:14
51:1
51:24
speakrt4J
38:2
39:6
55:5
67:3
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84:9
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109:1
109:13 115:17
!'30: 15 143:11 151;20
152:11
speaking (51
79:5
129:3
132:19 151:14
152:7
specialist Jl9J 10:16
10:18
10:24
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15:5 .· . 19:11
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specifically [3J 23:7
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stopped [IJ
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162:18 strect[4:1]
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16:1 . 26:16
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26:22
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33:8
161:19 162:7
38:3
42:10
42:23 synoptic £3J
spend (41
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split £11 75:10
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spot £31 24:8
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112:16
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tallest (I!
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107:20
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stand [3124:8
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subjected 111
159:12
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136:16 submitted [IJ .15:18
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standing £61
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subpoena PI
29:11
tenninated [11 86:20
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112:17 113:6
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114:17 120:22
- tenns £4]65: 10
74:3
substantial (1J 44:1
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s.uch [IJ 163:8
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146:23
state rs1 1:18
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106:15
testimony [4J
state's 111
146:15
29:10
suit Lll 155:6
146:1.6 147:24 162:16
131;16 131:20 151:15 Suite(6J1:19
2:4
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157:10
2:7
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statemcnt-{41 . 73:6
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states £51
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2:3
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support riJ
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118:24 127:9
137:18 · supposed ri1
137:4
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status 121
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threaten PI _ .
133:19
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128:16
threatened
111
133:16
stays [II 87:23
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23:13 three [35J
25:7
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28:13. '9,4:3.
79:13
80:20
162:9
' 116:13 121:1
140:23
81:5
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step 121 16:3
26:12
141:10 142:3
144:4
85:8
85:13
85:20
stepfather 141
122:11 su.&pected [51
85:21
86:2
86:6
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122:13 122:18 122:2Z
87:3
87:5
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90:1
90:2 ' 90:5
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110:3
90:13 . 90:17
93:15
stickr:w96:17 -96:22
suspects [121
24:21
96:7
96:9
97:15
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24:24
25:3
25:5
98:4
99:21
101:17
·
.
i
1:4
25:6
25:1 I
25:16
still 16i 7:6
102:8
102:11 103:20
25:22
73:;23
26:8
'50:19
50:20
58:23
116:15 117:5
119:14
114:15 121:5
80:10
132:2
suspended 111 137:4
Stohr (6]2:6
2:6
threW(!]
139:9
149:1
152:21 156:19 suspension (41 136:23
throughr-c.1
7:6
157:2.
139:17 139:19 139:20
13:4
28:23 82:12
Stonyc(IJ
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sustained 121 •· JJ6,15
ss
'
STENO (312)236-1414
JR-JJAMERICAN
044731
Index Page 10
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I
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Condenselt TM
-·-84:3
89:24
102:9
102:12 112:12
87:13
89:9
90:2·
Westcm[IJ
.. 120:18
11.3:18 115:17 115:18
90:10
92:15 . 98:4
, throughout [21 18:24.
whereof[Il ' ' 163:11 .
117:15 132:5
i44:15
102:23 103:20 104:24
146:22
wherever
[lJ
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144:18 144:24 '144:24
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times L9)38:lo
38:14
wholet21·
145:18
153:9
Velazquezrll 133:11
51:13
69:16
131:18
162:8
two-day
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139:16
139:10 144:17 144:18
verbal [IJ
159:1
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144:18
27:22
verbally [IJ
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156:1
127:11.
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44:2
versus r6J
125:6
willing
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13:24
79:3
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79:12
typed [IJ
78:23
129:15 . 130:2
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121:23 )55:10 159:21 types [2114:22
within
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132:11 134:6
32:23
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52:22
today's PJ
71:16
ultimate 111
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149:3
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105:10 105:14
together [IIJ
31:10
ultimately [3J 90:7
victim L2J
28:6
105:17 106:1
111:9
31:12
46:12
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129:1
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80:6
Ill: 15
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81:6
96:7
under[3J
26:6
victims l21
128:16 without[IJ
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witness
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5:9
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80:19
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5:14
12:9. . 13: II
23:20
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46:7
85:14
86:18
99:16
13:15
17:4
underneath [21 88:18
21:18
. 51:1
51:15
55:2
99:17
99:20
100:12 . 22:17
23:11
88:21
26:9
158:5
100:12 100:14 10U9
26:23 ,27:7
40:6
understand [ISJ 5:14 .
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59:1
102:1
102:7
102:8
61:23
63:4
71:9
5:18
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73:22 78:15
79:4
116:18
89:4.
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JR-JJAMERICAN
044732
STENO (312) 236-1414
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Index Page 11
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YEAR
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DNA
1.
_ 80. NARRATIVE
FERNANI>EZ,Ricardo;M/WH/26;zo Jul 63;3857 N. Whipple 1st.
VICTIM:
5-7, 160 ;member Latin Eagles gang. IR//648341 (deceased).
'10 Sep 89;0045 hrs. ;2440 W. North Ave. ,street
) __
-------
TUm, LOC. OF ARREST:
OF}<'ENDERS:
_
IR#833144·!______________________________________________________
.
•
:
!12-
JOHNSON,Henry;M/B/21;6···1;220; 15Q8 N. Artesian
113-
FRANCO,Hector A. ;M/WH/25;25 Apr64;2256 N. Lawndale;
5-9,200;IRI/65576S·-'·>.
Spanish Cobras; Campbell & North Ave.- section
CHARGES:
_____ _:_·________-___l1urder 1st. Degree__._ all three offenders _____________
11 Sep 89; BR:
WITNESSES:
JR-JJ 044733
Ill-
)I\ITINUATION Of NARRATIVE
PERMANEtii llilENTION fiLE
'
WITNESSES CONT:
.
'
.
·,'
--
(
'
l
:
-
.
•
'.
IIJ.,. Hlt278-I369 ;nickname,
\
.
114- VASQUEZ,Guillermo;M/WH/-21; 9 Apr 68f 1'704 N. Menard lst;
Hf/889-0996;
MEMO.·
MENDEZ ,Armando ;M/WH/2.0;· l8_Aug 69; 2249 N. Menard 2nd.
H//622;.,.4708; nickname, PLAYER E
·JWit..nesses allmembers of·
tpe
Lat:i,I;i Eagles street gang.
INVENTORY:
..
Reporting. ofJicer,s investigating the Murder of
INVESTIGATION:
FERNANDEZ,Ricardo found witnesses and brought them into
A/6 Gang Crimes Office to view additional photos. 'the
witnesses /11-3-4, picked the photos of Juan JOHNSON, Hector FRANGO and a fourth
who
is not in custody by the name of,
22 Apr 62;5-7,150;lka. 1020 N.
Campbell 3rd. flr. ;nickname of PE'!'E. , IR/1752225, member of the Spanish Cobras.
Witness #4 stated to r/o's after picking the photo of
Juan JOHNSON that the other offender with
JOHNSON was
brother, but didn 1 t know
. . T ..
his name.
Witnesses·#2, Salvador
and II'S, Armando MENDEZ,
did not .view a
but were brought into A/5 VC to view a physical line-up when ·
were taken into custody.
/
. Reportiti.g
tar the· offenders were 'photo
1
identified went to fhe
were r/o s could find the offe?ders. R/O's while in the 1500
_ block of north Artesian, r/o 1 s spotted the three aforementioned offenders at 1508 N. Artesian
on the str.eet
These subjects were taken into
and transported into A/ 5 VC to stand
_ill a physical line""'tip.
Efforts to locate the. fourth offender Pedro CORDERO.met with nega.tive
results at this time. R/G 1 s -will attempt .to obtain a
Warrant
the fourth offender
_fe.dro. CORDERO.
For additional information on statements by witnesses
refer to A/5 VC Suppl ement.ary
if
on
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