Wednesday, March 4, 2009

Day 7: Party attendee and Gun expert

Freddy Bermudez- Continued
In 2002 he testified in court that he arrived at the party on Rotterdam around 1am. He said there was a fight out back then a commotion in front of the house. There was a car that was driving erratically. Lane then played a recording of the interview Bermudez gave to police. Bermudez said he wanted to leave the party, and when he started to leave people started jumping the fence and the fence fell down. He then saw cars out front running into each other. DEFENSE: His interview with police was a couple of days after the party. He said he had about 5 beers before he got to the party, and probably smoked pot that night. He felt the tension out back and headed to the front with this friend Brian. Then there was a commotion, the fence fell down, people started to run, and cars started driving fast down the street. At the prelims on Feb. 04,2002 he testified that it was a black mustang driving fast and erratically. He was at Tyree's house long enough to have a few beers and hang out for awhile. Freddy was leaving when Campbell showed up, but he didn't appear to be injured. He didn't say anything about a gun, but Bermudez did see Ray Ray(the guy with the nickname he didn't know about) as he was leaving.
Lt. Tepoorten- SJPD
Was working midnight in District Charles as a Sgt. He was responsible for 5 patrol officers. He heard the broadcast of suspicious circumstances and headed down to Almaden, he arrived at 4:58am. He was in the staging area when he was told to head back to District Charles where Lochner Ave. was located. Bowers and Hernandez were sent to the address. They asked for permission to approach once they saw activity outside and were granted permission. He and 3 other officers secured the house which had Robert Campbell Sr. & Jr. along with Laurie Nunez. Robert Campbell Sr was upset and concerned about the police presence and wanted to know what was going on. Tepoorten told him they were investigating a very serious crime, and tried to diffuse the situation at the house. He made small talk with Campbell Sr. and asked about the cars he owned. He ended up saying he sold the Hyundai to someone a week before to someone walking down the street. Campbell Sr. said he got home at 5:30am. DEFENSE: He arrived at the house around 6:15am. He was talking to Campbell Sr. in the living room of the residence, then ended up taking him outside where he took the cuffs off to keep him more relaxed. He didn't recall anything about a gun in Mr. Campbell's face, but tried to keep him calmed for the detectives that were on their way. He kept pointing out that Campbell was upset & confused. When he first got there, there was no more then 4 officers then later there was about 8 officers at the house. He was relieved at about 7:30am. He never told Campbell Sr. anything about the crime, that was for the detectives to talk about with Campbell.
Brian Sotelo- Someone at the party who remembers things
He arrived at the party that night with Freddy Bermudez, Maria & Jacqueline. Tyree Washington also attended the party with them. They got there after midnight. Brian isn't a drinker so he drove to the party. He felt uncomfortable once they got into the party because he is a "norteno" and there were a lot of African-Americans at the party(which made him feel uncomfortable). He wanted to leave right away, especially when he recognized DeShawn Campbell at the party. He had seen Campbell the week before a child's birthday party. Campbell tried to crash that party, but left when he was told that it was for kids. After he saw Campbell at the party on Rotterdam he really wanted to leave, he knew it was Campbell because he was wearing the same blue jersey from the week before. In his police report Sotelo stated that a black mustang drove erratically and hit an old cougar. As he was walking out at this point he heard the fence get knocked over. They then left, and showed up at Tyree's house. They played some cards and someone knocked at the door. It was DeShawn & RayRay. They were breathing heavily and were sweaty. He didn't remember Tyree introducing Campbell to himself, but he wanted to leave because he felt uncomfortable around Campbell. When he was leaving, soon after Campbell came over, Tyree was trying to jump start his own car. He asked if could help Tyree with a jump and he said no. He didn't remember Campbell saying anything. DEFENSE: He figured his interview was being recorded at the police station. In his police report he said he never saw Shawn, but he said he never knew his name and has since then always referred to him as DeShawn. He was shown pictures and was able to ID DeShawn as a person at the Rotterdam party, and the guy he saw the week before. Campbell never said anything about wanting to go back to the party and fight while he Sotelo was at Tyree's house.
Eric Barloweven- Criminalist for Santa Clara County Crime Agency
Qualified as an expert in firearms. He is able to link spent casings to particular firearms by the marks they leave on the casing. When he examines these casings he puts a picture in a computer database to help solve future crimes. He can then look at particular casings and see if they match any other crimes that have gone unsolved. He looked at the colt .45 casing and the unfired cartridges in this case. He said they had been cycled through the same gun previously. The firing pin, breech face, extractor, and ejector all can leave marks on cartridges. If there are any defects on the firing pin it will show up on the spent casing. One of the live rounds he tested has similar markings to the casing found at the crime scene. The extractor marks matched. The casing found at the scene had been cycled through the gun a few times because it had 3 markings on it. Those 3 markings allowed Barloweven to match it to the unfired cartridges found at the Campbell's residence. A sear spring, and a magazine spring(which were found in that garage) were able to be enough evidence to show the weapon was a Colt 1911 or a colt clone. The colt/colt clones have a very specific sear spring. Other guns don't have this type of spring, which made it clear to Barloweven that the gun used was a Colt .45. He then showed a real gun that was disassembled to show were these springs came from in the gun. The sear spring puts tension on three parts of the gun, and the part that was found in the garage was only a small part of the sear spring.

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