This is delayed due to the fact that I was at the Shark Tank watching the Sharks lose to the Dallas Stars last night......
Ofc. Cusimano continued.....
She left the crime scene to go to the police warehouse to process both cars involved in the incident. After that she headed to Campbell's residence on Lochner. At the house she found "inicia(don't know the spelling) of occupancy". This was to show he used that house as his residence and his name correlated to that address. The house was a single story house that had 3 bedrooms. Campbell's bedroom was the southeast bedroom. In that room, which had a deadbolt lock which the key was on Campbell's key ring, she found an ID card & a cell phone bill with his name and address on it. She continued to search the house, next moving to the master bedroom. There was "inicia of occupancy" to Robert Campbell. In that room there was a cell phone bill for "Ngoc Rud". Also found in that room was .45 caliber cartridges similar to the one found at the scene. Other cartridges found in that room were for a .357 mag, 9mm, and .22. While continuing the search, she located a bullet home in a wall which she was able to pull out a bullet from. Also found in the kitchen was water bill for Robert Campbell, and a door that lead to the garage. Another key on Campbell's key ring was able to open that lock. Searching the back yard led to CSI finding a 357 gun along the fence. There were cars in the driveway that still had warm hoods. Later on 11/01/01 she went to Tyree Washington's Apt. She also did 3 searches on a house on Vera Ln. She was looking for a specific letter, which she later found under a yellow piece of paper along the wall. DEFENSE: Did anyone assume control of the crime scene. Sgt Males was the log officer. She didn't have the temp but thought i was a chilly morning. She said the flashlight was not on when it was found, but later tested it and it was operational/functional. It has a switch that doesn't have to click to be on. Towed and stored the warehouse one 10/28/01. She drove the car on 12/05/01. She didn't know if that was the first time the car was started since the incident. She knows the warehouse usually uses a forklift to move cars if needed. There was no mileage stated on reports. She doesn't know if any of the problems she noted were the reasons Jeff stopped the vehicle. During vehicle stops do you call in 11-95? Usually but there are reasons not to. She pointed out that a map light is in every patrol car, and that Jeff's light was on. Under his visor was a cell phone and 3 disturbance call logs. One was from the party on Rotterdam, and it had a time of 2:16am written on it. Rotterdam is 1.4 miles away from the party. CSI didn't document anything from the backyards. She noted that officers are allowed to buy their own boots, there really isn't a "standard". Ofc. Kirby processed the mustang. There was a cigarette and a partially smoked cigar in the mustang. Gun shot residue one the outside of the driver door was also negative. LANE: She didn't know how far the gun residue travels during the shot from a gun. She is an expert in collecting gun shot residue not testing it. The disturbance call log only has one box for time placement, and that time could have been from the computer system. DEFENSE: If an officer doesn't know where they are, do they have maps. Yes they have maps, but if they are looking at a map during a stop it could be dangerous for the officer to just be sitting there. Now they use a GPS system. JURY QUESTIONS: The trunk was processed by CSI, and there was a mailing advertisement with Robert Campbells name and their home address on it. Fingerprint the casing? The spent casing is unable to be fingerprinted. The heat from the gun burns off the oils & water that makes up a fingerprint that would have been on the casing from loading. How many lighters? There were two lighters found, both were blue Bic disposable lighters.
Rashann Yarber
This will be easy to summarize. He doesn't remember anything about anything. He couldn't recall anyone involved. He didn't remember Lane, Campbell, Judge, testifying before, the party, cars involved, people involved or anything of that night. He did say one defense attorney looked familiar though( I think he suffers from CRS: Can't remember s**t). He was played the recording of the interview he gave police after the shooting, but it didn't help his memory at all. He also said no one has ever called him Ray Ray.
Sgt. Bowers- SJPD
Was sent to the Campbell's house to do surveillance right after the shooting. He showed up with Ofc. Hernandez at around 5:55am in full uniform and in a patrol car. They parked down the street but had line of sight of the house. He knew a fellow officer was killed and a car was registered to this address. He also knew a gun was involved. They approached to radio in the cars that were in the driveway and felt the hoods of the car, which were warm. They then went back to their cars at which point someone exited the house. The person looked their way and then headed back into the house. The officers attempted to stop that person but were unable. Bowers knocked on the door and Id's himself as a SJ PD. A person answered the door and had a telephone in their hand. Bowers had his gun drawn because he lost sight of the person and knew a gun had been involved and didn't know if this was the suspect. The person came out of the house and ofc. Hernandez attempted to search him. Meanwhile, Ofc. Bowers saw another person and was able to get that person into custody, the person was Robert Campbell Jr. He went back as Ofc. Hernandez was struggling to search Robert Campbell Sr. They struggled for awhile and Ofc. Bowers attempted to put a twist hold on Campbell Sr., which didn't work. He then put a carotid hold on Campbell forcing him to the ground. They were able to then cuff Campbell Sr. DEFENSE: Arrived at 5:55am and parked on Mt Hood. They were parked within 130 yards of the residence. No other vehicles drove up while they were detaining the Campbell's. Bowers drew his weapon because Campbell Sr. was very uncooperative. Robert Jr. was cooperative. LANE: He jumped on the back of Campbell Sr. because he was taller then Ofc. Bowers. DEFENSE: Campbell Sr. never swung or kicked either officer. LANE: Campbell Sr. resisting increased Ofc. Bowers suspicion of this possible being the shooter. DEFENSE: Campbell Sr. was upset because he had a gun pointed in his face. JURY: Yes Ofc. Bowers Id's himself as a SJPD.
Ofc. Hernandez- SJPD
Accompanied Ofc. Bowers to the house on Lochner. He was also in full uniform and a patrol car. He helped run the plates of the car in the driveway and also found the hoods of the cars warm. He knew that the suspect vehicle was registered to that house. He thought the suspect could be there. Campbell came out and was tense and rigid when he tried to do a courtesy search. He struggled a bit while Ofc. Bowers went in to detain Robert Campbell Jr. Ofc. Bowers then came out to assist in the detention of Robert Campbell Sr. After he was taken to the ground he said he would cooperate because he had a bad back. He fell to the ground backwards. He ended up driving Robert Campbell Sr. to pre-processing at 7:39am. DEFENSE: He wasn't undercover during this incident, and he didn't know Jeff. He didn't have any specific information about Robert Campbell Sr. doing anything illegal. He didn't hear Ofc. Bowers ID himself.
Freddy Bermudez
Went to a party the night of Oct. 27th near Almaden. He was there with Marisa, Jacqueline, Brian and Tyree. The party was loud and there was lots of people. He was drunk that night, but thinks he got there around 9:30pm. He was interviewed by police and stated he arrived at 12:30am. People started to group up and there was a lot of tension. There was a commotion out front, people knocked over the fence and cars were driving fast down the street. They then went to Jack in the Box, and then to Tyree's house. They hung out for awhile and Rashann and DeShawn showed up. He said Rashann is called RayRay(weird i know, i guess Rashann is the only one not to know his nickname). He didn't know Campbell before that night. He saw Rashann and Campbell outside Tyree's house as he was leaving. He left Tyree's around 3:30am. He didn't remember Campbell saying anything about the fight, but Campbell was sweating and out of breath.
That was all for Tuesday. Bermudez will be back on the stand Wednesday.....
Wednesday, March 4, 2009
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