Day 3: Rotterdam party & 1st responders
RyanPalenske- Party goer
This will be the story of Ryan Palenske from his point of view and it was described with help from DA. Ryan and a couple of friends when to a Halloween party on 10/27/01. His friend knew someone who was throwing the party, but he didn't really know anyone else there. He got to the party around 10-11pm. He was 18 at this time in his life. He knew where the party location was and pointed it out on the map. He pointed out he had had a few drinks while at this party and was waiting for a friend (Robert Cunningham) to show up. He only hung out in the kitchen and on the front porch. He had filed in a police report that he was meeting Cunningham at around 2am. When Cunningham showed up he came up to his car (older cougar... you should remember that from previous testimony) and started to talk to Cunningham through the drivers side window, while he the car was in the street. During this time there was a commotion at the house. As Palenske says, 3 black males ran to a newer black Ford Mustang. As he was standing in the street talking to Cunningham, the Mustang drove by and flipped a U-turn, during which hit a parked car, drove past again, did another U-turn and hit another car, then when driving by him again actually struck Mr.Palenske, sandwiching him against Mr. Cunningham's car and also hit Mr. Cunningham's car, he was not hurt. Palenske then fell to the ground, while on the ground he thought he heard gun shots,he then got up and ran away. Mr. Cunningham then tried to follow the Mustang. Cunningham followed the Mustang until he got the license plate, and then went home. The chase (also mentioned in previous testimony) lasted a few miles. The next day Mr.Palenske went and filed a police report. During cross examination: Palenske pointed out that he was bruised and scratched on this left side, the party had 80-100 people at it, and that the party was mostly an African-American party. He also said the gunshots came from the vicinity of the house, and that he first noticed the mustang when it hit the first car.
Robert Cunningham- Designated Driver of the Cougar
Mr. Cunningham drives a '68 Cougar. He was at the party to pick up his brother,Ryan Palenske and a few others. As he got to the party, Palenske ran out to the car in the street and started to talk to him through his driver side window. He had a buddy in the car with him. While talking to Palenske, he heard a commotion and gun shots. At that point people started to run away from the house. He saw 3 black males getting into a mustang and thought he saw one of them with a gun. The car was about 50 ft from where he was parked in the street. The car then drove past, hit another car, come back and hit his car and Palenske. He then followed the mustang, but it made a u-turn and hit another car. He then followed the car for a few miles and tried to get the plate number. Once he got the plate, he simultaneously two cops driving by him so he slowed down to not look suspicious,and went home. The last time he saw the mustang was when they turned right on Porto Alegra Dr (big point, that's the street that leads to where they parked the car across the street from where Jeff was murdered). The next day he went and filed a police report along with Palenske. He said his girlfriend ended up picking his brother and his friends. He also felt he didn't do anything illegal during the chase even though he was speeding and running lights. Defense cross: He told the defense that the damage was to his driver side door, back panel, and front panel. He also pointed out that he chased the car because they hit his friend and his car.
Nick Barta- Party goer
Nick was at the party. He did ecstasy and was drunk off Hennessy. He didn't remember all that much. One of his friends got jumped but didn't know if Campbell was in the fight and didn't remember seeing him there. He did say he has an "immaculate" memory. He just didn't remember much of the people at the party. He was at the party from 11pm-3am, saw a fight, and saw 7-8 black you men in the fight then running away. Threw some rocks and bottles at the cars that were speeding away. He also pointed out that he wasn't afraid, and was telling the "truth". That's pretty much how boring he was on the stand.
Officer Gonzalez SJPD
Officer Gonzalez was following up another crime when Nick Barta approached him, and asked about the murdered cop. Gonzalez said he asked a few questions letting Barta tell him about that night. He was at the party; he saw a fight with the 7-8 black males. He saw Campbell at the party. He told the officer about the party, but his "immaculate" memory forgot it on the stand.... opps.
Officer Biskup SJPD
Officer Biskup and Jeff responded to a disturbance call from the party. They looked for shell casings, didn't find any, and Biskup took a report of the hit and runs at 2:16am. He cleared the call in about 30 minutes. At 4:39am he responded to the call of an officer down. He was first on scene right behind another officer. He saw Jeff's car behind a white sedan in what looked like a vehicle stop position. He has he back amber lights one and solid red and blue lights in the front. As the got closer they saw Jeff laying on the ground 12ft from his car. He drew his gun because the scene was not clear, and later would move Jeff's body. Biskup started to break down on the stand. During cross: He mostly answered questions about the Rotterdam party and the hit and runs. They also showed CSI pics of the area and of Jeff....
We are starting to get into some tough areas about Jeff. Be advised if you aren't comfortable reading some sad stuff.
Paramedic Pons SJFD
Responded from station 22. Was the lead paramedic. When they got there they had to stay back behind the fire engine because the scene was not safe. He saw 3 officers try to move Jeff to a safe area, when he went to help them move Jeff. They got behind the engine and he checked for signs of life, there were not. He put on the EKG pads and found no electronic heart activity. He said from his observation that Jeff had been dead for several (6-10) minutes.
Officer McCarthy SJPD
Arrived right after Officer Biskup. Met with Biskup and went in to Jeff's aid. He got to Jeff and checked for a pulse. He didn't find a pulse. Saw Jeff's rear amber lights on, Red and Blue light on. He said Jeff was just behind the suspect vehicle and then moved Jeff's body along with Biskup and another officer. He later went to the Rotterdam to look for casings involved in this shooting.
That's it for today.......
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