Day 17: You think defense lawyers would know its illegal to arrest without cause

Janee- part III
The protective order that the defense gave was never explained to her. The terms of the order were also never discussed. DEFENSE: The protective order was just to keep your information from being given to Rodney McNeary. She isn't sure if Rodney or his peeps even know she is testifying. She fears Rodney and his peeps. It has refreshed her memory that she told the first defense investigator that she said the confession from Rodney was within a 45min conversation (when she was asked by Lane she said she didn't remember ever talking to this first investigator). What stuck out from that conversation with Rodney? He shot the cop, he was facing a 3rd strike, he was distraught and crying. Rodney never explained what he meant by "being pulled over". He just said the Hyundai was in front on a house at the end of a cul-de-sac. JUROR: Did Lane ever solicit your help in a non-antagonistic matter? He never offered protection, only had Det. Ramirez show up at her work. LANE: She has know of this confession since 2001. Did she call SJPD or Lane in '01?No '02?No '03?No '04?No '05?No '06?No '07?No '08?No. When Det. Ramirez showed up at your work did you talk to him? No i didn't. Plus she has only seen Lane in the court room. DEFENSE: She is afraid Rodney would find out what she has said.
Gerald Kissoon- took the gun
He is the brother to Louella Kissoon. Knew Campbell for about 10 years from a "cousin", but knew him socially. In Oct. he went to Priscilla's apt. with his sister. He never knew Campbell was accused of murder. He was going to Priscilla's to buy drugs. While there Campbell asked him to get him out of there. There were probably 4-5 people at the apt., but didn't remember who was there. His sister called him to the back room. They showed up there in Louella's rental car (burgundy, 4-door). He said Campbell was scared and looked frightened. He asked Campbell if he did it, and said Campbell nodded his head up & down(that would mean yes) but didn't remember if he said anything. He told police that Campbell said "yeah, yeah". When he first spoke to police he was entirely truthful. He thought Campbell was guilty because he said so and he had the gun. Gerald asked if Campbell still had the gun, Campbell said yes. Gerald felt like helping his friend so he took the gun from him, because he "didn't want anyone else getting hurt". The gun he received was a Colt .45, and it wasn't contained in any bag that he saw. The gun was in a bedroom closet. Gerald took the gun to his parents house. He left Priscilla's apt. with Louella, and didn't end up buying any drugs. He was under the influence and was making irrational decisions (helping a wanted felon). He hasn't been charged with any crimes in this case. He dismantled the gun, used a blow torch to take off any fingerprints, heated up other parts, threw some parts in the garbage, sledge hammered many parts on the floor of the garage and threw some parts out his car window on the way to Carmel. His taped interview was then played. He wasn't threatened by the police. The tape said he knew the incident had occurred by the time he saw Campbell. The tape said Gerald told police when he asked if Campbell killed the officer, Campbell said "yeah, yeah", and shook his head up & down. He didn't recall exact details from his talking to Campbell. The tape said "Campbell wanted to keep the gun, and use it". Gerald took it so no one got hurt. He said today that the gun wasn't loaded but he told police it had 3 live rounds in it. He was also involved in moving Campbell to another location. Gerald took police to try to find pieces of the gun along the highway. The car that moved Campbell had a backseat that folded down, and it was down when he saw it. DEFENSE: Again, the defense goes into drug talk trying to say the drugs affected his memory at the time. He was using meth 4 times a week. He never told police he was using drugs or that he went to Priscilla's to buy drugs. He said he saw Campbell on two different occasions, but testified in 2002 that he only saw him one day, but twice that day. The contact with Campbell was 4-5 days after the incident. He went to the apt. at 9:30am. His sister was in the bedroom with Priscilla and Campbell with the door closed before the told Gerald to come in. He never asked Campbell why he did it, where he was or who he was with. They talked for about 10-15 mins discussing moving Campbell. He didn't know if Louella saw he grab the gun. He left the apt. with Louella and went to his parents house. There was no bullet in the chamber, but there were 3 in the clip. He threw away the bullets. He started to destroy the gun that night, he doesn't know where Louella went while he was destroying the gun. In '02 he testified he went back to Priscilla's when it was dark. Louella never asked Campbell about the homicide. Gerald was in the CRX with another guy. Louella and Priscilla were in another car. Campbell was put in the car with Louella and Priscilla. He doesn't know what street Campbell was dropped off on. He thinks they all then went back to Priscilla's apt. Gerald is no longer on meth. He realized it was wrong. He helped locate a piece of the gun. He was told by Lane that there could be some crime to charge him with. LANE: He was shaking his head side to side or up and down..... up and down. JUROR Have you ever been threatened? No. Why was Louella going to Priscilla's? Don't know. How did Campbell answer the question if he did it? He just nodded his head.
Ofc. Barg- SJPD
He was on duty on Oct. 28, 2001. He was on district E on midnights. Called to officer down a little after 4:45am. he blocked pedestrian & auto traffic at McAbee and Almaden. He was at the SW corner, his report said SE. He didn't make it to crime scene. He was debriefed at 9am. At 5am responded to a report of officer down on his own merits and was assigned to traffic control. He didn't know about the Hyundai or the mustang. He parked his patrol car to block traffic on Almaden blocking access to McAbee. He stopped 2 subjects. A woman trying to get home, and a bike about 5:30am. He id'd the bike rider as Rodney McNeary. McNeary was nervous, sweating, couldn't explain his actions, changed stories. He filled out a "field information" card about Rodney. He wore gray pants, blue shirt, and blue do-rag. He got his address. Ofc. Barg didn't know he was a suspect in a possible hit and run. He id'd and searched McNeary, and called over a Sergeant. He didn't tell McNeary what was going on. He took his "FI card" and forwarded it to the homicide division. There was no legal reason to arrest McNeary at that time. DEFENSE: Ofc. Barg was contacted by the defense investigator several times over last year. They exchanged phone calls and tried to meet but they weren't able to meet. He was undercover and didn't go to the PD where the investigator was calling. He didn't know who would be listening on the call. He didn't refuse to be interviewed. He was contacted numerous times. He got a written message on 2/28/06 and called the number back. She wanted to discuss the story of McNeary. She asked him questions about his report on McNeary. He told her he wanted to refer to his report and with the homicide unit. He met with Sgt. Ramirez via phone. He wasn't at the SJPD. He was off site at a covert facility. He was at an office, spoke to Sgt. Ramirez, but didn't have his report. He was asked to meet the investigator several times. No meetings took place. Sgt. Ramirez didn't tell him not to speak the defense investigator. He didn't want to talk to her. He did look at his report again. There was 2 phone calls between the invesigator and Ofc. Barg. There was only 15mins between phone calls so he couldn't re-read his report. Sgt. Ramirez said he could talk to her. He told the defense that he couldn't get to a copy of his report. (at this point the defense starts grilling the officer about not meeting with his investigator) He wasn't trying to hide anything He did cancel on the investigator many times. It was Ofc. Barg choice not to talk to the investigator after Sgt. Ramirez said it was ok. (he then listed all the calls she made to Ofc. Barg....) The investigator didn't have any of her information so she must have called the PD. He did return a call and she called him back. The number the investigator had was to patrol division. He hasn't met with the investigator over the past 2 years. He responded to the incident and set up traffic control. He personally wrote the report and FI card on McNeary. McNeary was sweating and moving nervously. He was coming from his girlfriends, and going home. McNeary was 6'2" about 210lbs. McNeary said he was self-employed. The defense then violated court order on information...again.He was sweaty when he pat-searched him, but he didn't know what part of him was sweating. McNeary didn't look like he was submerged in water. He gave his FI card to homicide and left it. He didn't request a "gun shot residue" test for McNeary, or where he got the bike. He can't recall who the Sgt. was that talked to McNeary. The Sgt and McNeary didn't talk in Ofc. Barg presence, so he didn't know what was said between them. There were probably 20-50 officers there, he didn't know if McNeary asked why all the officers or all the police cars. LANE: He was listening to his radio. McNeary's clothes were not dripping. JUROR: Was McNeary suspicious? Yes, but there was no probably cause to arrest him, and there was no info on a suspect. Any mud or dirt on McNeary? didn't notice, his shoe kind wasn't noted in his report. DEFENSE: Why did you pat search McNeary? All parolee's are searched. did you take him downtown? No.LANE: He knew he was on parole because he searched his ID in the computer. There were no warrants out for his arrest, that is why he wasn't arrested.