Day 28: Campbell's story time

Lacey Drake - continued from last week
Lane: She can't remember if she spoke to a Milpitas police officer in March 2002. The first time she told her story was to a police officer. Lacey told the officer that "sic-loc" had something to do with it. She also called the non-emergency hotline to report this story too. A police officer told her that "she can't point her finger at someone without any evidence". The next time Lacey talked to someone was in Feb. '09 to Sally Graver, after the trial started. After she heard McNeary "confess" she was so scared she moved from her apt. In December 2001, her husband signed a bond release for Janielle Carter that listed their address as the same one they lived at in Oct. She couldn't explain how he could write the same address since she said they moved. Lane then showed a picture of her and Roger with McNeary and Janielle. She said she has always tried to avoid McNeary and that Roger is the one that invited McNeary to the dinner where that picture was taken. Lacey never told anyone of a second meeting with police. She said it didn't matter because no one was listening to her. DEFENSE: She stated that she went to a dinner with McNeary and Janielle in previous testimony. Roger didn't consider McNeary a friend. Roger did invite McNeary to dinner though. She was living in an apt that was on a month - month lease. Lacey stated she moved a week after McNeary "confessed" to Roger. Lacey flagged down an officer for her first contact with the police then met an officer at the marina in Alvisa as a second contact/interview with the San Jose Police Dept. Last week she was nervous because her current husband was in the courtroom and was looking at her like she was a snitch. She knew the code of silence and that is why she didn't want to talk. Lacey has no doubt in her mind that McNeary told Roger that "9-1-1 got popped 187, and I didn't mean to do it". Lacey doesn't know when McNeary came over the apt. but it had to be a weekday because she was getting ready for work, and she only worked M-F. LANE: She couldn't allow an innocent man sit in jail. McNeary can do a lot of damage. Where is the code of silence when you talk to police in '01 or '02 when she talked to police, she pointed out that she thought McNeary was guilty, and all the other stuff she said about McNeary? She couldn't answer that. JUROR: Were you aware that McNeary was involved in a hit and run? No she wasn't. How did you know what they were talking about? She didn't want to be around McNeary. Did Roger and McNeary continue their friendship? No. How far is the bedroom from the living room? It is 5ft away. Did you close the door? No it was cracked. How loud was their conversation? She could hear their voices on and off. Did McNeary threaten to kill you? Yes, well he didn't directly say it to me. He said it to people in a park he was talking to but she was there. LANE: When did he threaten you? It was at a park in 2002, Lacey drove up to meet Roger and she overheard McNeary talking to others and he said if anyone tells " I will kill you". It wasn't at her. Last time she testified she said the park was a few days after the shooting. DEFENSE: She heard McNeary in the park in late '01 or early '02. The defense then tried to make a reference about the people in the park wearing blue: another violation of a court order.... slap on wrist.
Ofc. Garcia - SJPD
Interviewed Kenny Riggins on 10/28/01 at 6:55pm. Ken said he was called around 8-9am on 10/28. McNeary was concerned about the mustang, Ken also got a call from Janielle. McNeary and Janielle gave directions to where the car was. Ken thought Janielle was at the party the night before also, but wasn't sure. Janielle never said anything about the car being stolen. LANE: no questions
Tisha Howard - friend of Ruben Martinez
Known Ruben Martinez since she was 13 years old, and she now lives with Martinez and 7 others. In 2001 Martinez house on Lochner was considered "the party" house. Martinez drank about 30 beers and 1 bottle of bicardi. He did smoke pot. She doesn't drink herself. LANE: On Oct. 27 & 28th she couldn't testify what Martinez's level of sobriety was. She never saw Martinez inject drugs or take prescription medication. She didn't see Martinez do all that drinking for 3-5years.
Sam Valdez - friend of Ruben Martinez
Childhood friend of Martinez. It was a party house. Martinez drank 1-2 cases of beer daily & bicardi. Valdez didn't drink that much with Martinez, but he knew Martinez did do meth at some point not sure when it was. Valdez didn't see Martinez take pills and he said Martinez rearly did any pot smoking. Valdez said Martinez only ate once a day. LANE: Most of the time Martinez was drunk. Martinez was usually visibly drunk, and would slur his words and change subjects frequently in conversations. If 2 police officers said he wasn't drunk would you believe them? Yes i would because you could tell if he was drunk. Valdez doesn't know what prescriptions Martinez took, except for vicodin. Valdez would play domino's with Martinez when he was over his house. Martinez did win some of the domino games, he only thinks he drank a lot.
Louella Kisson - back from previous testimony
Was she doing meth daily when she was at Priscilla's house? She doesn't know if she was doing it daily but was using back then. She wasn't on drugs when she talked to police. LANE: No questions.
DeShawn Campbell - defendent
He was first shown a picture of McNeary. Campbell said that is the man that killed the officer. Campbell is 30 years old, has 1 girl named Tavia who is 9 years old. She was born in 1999. Priors:
'99: residential burglery
'02: 3 counts of battery on police officers
'02: 3 counts of resisting arrest
'02: 2nd degree robbery
'02: offering counterfeit credit cards
'02: using a counterfeit credit card
'02: possession of a forged license
'02: petty theft with a prior offense
10/26/01: He knew Kira McQuien from high school, and went to her apt. that night. At the apt. was Campbell, Kira, Janee, McNeary, and one other person. He was laughing, talking, drinking, and smoking that night. McNeary was calling himself "felipe" that night because he didn't want anyone to know who he was. He stayed the night at Kira's apt. along with everyone else. Campbell didn't remember a conversation about shooting people in the head that are wearing bulletproof vests. 10/27/01: He was at home when McNeary came by and picked him up. They went to McNeary's house. Campbell knew McNeary through a friend but later found out McNeary was an uncle to one of his cousins, which means they are related. McNeary is older then Campbell. They met up with some of McNeary's friends, they aren't Campbell's friends. He would hang out with McNeary a few times a week back then. McNeary and Campbell went to the store, and then picked up one of McNeary's friends, Ray-Ray( even the mentally retarded dude calls him Ray-Ray). They were driving around in a black mustang. Campbell knows how to get to McNeary's house but doesn't know the street names, it was around the Oakridge mall. McNeary was living with Janielle back then, she was at the apt when they were there and Cin and Younglife showed up too. Campbell met Cin before but didn't consider him a friend. Campbell went to school with Younglife, but also wasn't a friend. Campbell can't recall how long they all stayed at McNeary's before leaving. Janielle knew they were leaving and was arguing with McNeary about taking her mustang. In the mustang as the left were McNeary, Campbell and Ray-Ray. Cin and Younglife follwed in a "bucket", a crappy car. They stopped at a liquor store and Campbell bought some Hennessy. They went to a party off Blossom Hill, parking the mustang on the street. Campbell was in jeans and a gray or white sweatshirt. McNeary was in jeans, blue jacket, and a do-rag, which looks like a stocking on a head with a cape hanging on the back of the head. Campbell wasn't wearing anything on his head. They walked to the backyard and then left for Taco Bell. After getting food, they headed back to the party. There were many more people there when they arrived back at the party, probably 80-100. Campbell was drinking his Hennessy, eventhough there was a keg in the backyard by the sliding glass door. Campbell saw a fight start in the backyard. Some girl started to yell and her brother came outside. The brother got in Campbell's face and Cin's face, and then swung on the both of them. The dude was 6'3 200-250lbs. The guy swung and missed, pushing started, Campbell fell over someone then got kicked in the face. Campbell started to fight some guy, and then ran out of the backyard. He ran because it was getting out of control and he heard "popping' which he thought was gunshots. Campbell didn't have a gun at the party. He jumped the fence and ran to the mustang where McNeary and RayRay was. Campbell was scared because as he was running he thought he heard more gunshots. Campbell didn't see Cin or Younglife. As they drove off, McNeary hit a car, turned around, hit another car, turned around, hit someone standing in the street. The guy he hit was standing next to a car talking, and pinned the guy between cars. The car then started to chase the mustang. McNeary sped away making some turns, then saw a police car and turned into a neighborhood. McNeary parked the car and told them to ran. Campbell followed RayRay to Tyree's house because Campbell didn't know where he was. Campbell ran by a park and a lake on his way to Tyree's. Campbell hadn't been to Tyree's place before, but saw Tyree at the party. RayRay, Campbell and Tyree talked for a little while, then Campbell called his bro Edwin and Quincy. Quincy told Campbell he was in Berkeley and they talked about the fight. Cin gave Campbell a ride to the store then to his house. Cin was wearing a blue sweater, and had Younglife in the car too. Campbell wasn't angry and didn't plan on going back to the party. He called McNeary's apt. and talked to Janielle. Campbell told Janielle about the fight, mustang hitting other cars, the chase, and about parking the mustang. Janielle was mad because the car was under someone else's name. She asked Campbell to help get the car back with McNeary. Campbell was scared about getting the car back because he didn't know if people were waiting for them by the mustang. Campbell never talked about "popping" the ingnition. Campbell grabbed his car keys and then his dad's gun. Campbell grabbed a gun for protection against people possibly waiting by the mustang. Campell kind of knew where the mustang was, got lost along the way and then found the mustang. Campbell saw McNeary but he wasn't by the mustang. Campbell drove down the opposite street because people might be waiting by the mustang. Campbell then parked in a driveway to pretend like he lived there so no one would bother them. Campbell was parking while McNeary walked up to the car. As they started to talk another car pulled down the street. They thought it was some people from the party, so Campbell handed the gun to McNeary. The car pulled directly behind them and put on its red & blue lights. The officer got out, walked up to them and asked for their names & what they were doing there. McNeary then shot the officer. Campbell paniced got out of his car, McNeary handed the gun back and they both ran. Campbell saw the officer fall. Campbell felt scared when McNeary handed him the gun back. McNeary shot once, and Campbell looked at the officer and he wasn't moving. Campbell was concerned for his safety. Campbell handed the gun to McNeary through the window while the other car was driving down Calle Almaden. Campbell turned and saw the officer getting out of his car, McNeary was standing by the drivers side door. The officer walked up, McNeary put the gun by his side. Jeff walked around toward the side of the front of the car. The officer asked "What's your name" & "What are you doing here", neither answered, then McNeary shot. Campbell only saw the officer fall, and can't say how close the gun was to the officer or where the officer was shot. The officer fell straight back, and was shot within 6 feet of the Hyundai. The officer was shot between the hood and the driverside door. McNeary's face went from mad to shocked. Campbell took the same route as earlier to Tyree's apt. Campbell asked to use Tyree's phone but didn't tell him what happened. He was scared that McNeary might come and get him if he told people McNeary shot the officer. Campbell called Edwin and Robert Jr. Edwin said he was in Seaside and couldn't pick him up. Robert Jr. said he couldn't give him a ride either. Campbell called his dad but the phone kept dropping the calls and didn't get to talk to him. Campbell then called Quincy Gilbert, his best friend, and told Quincy he needed a ride and of the fight at the party. Quincy picked him up and Campbell rode in the back of Quincy's truck. He rode in the back because he was hot, and Quincy had stuff on the seat. The ride was about 15 mins to Quincy's house. Campbell stayed at Quincy's house that night and got a ride in the morning from Sharon Baker. Sharon drove to East Palo Alto with Campbell. Campbell told Sharon what happened because she told him that she saw the police at his house. Campbell said "his friend killed a cop". They stopped at Ramaj Peralis house and Campbell talked to him about the shooting. He told Ramaj that McNeary shot the cop. Campbell was then driven to a guy named Joseph's apt. Campbell asked Joseph for a ride, and Joseph drove him to a pepboys store. Campbell walked to a bus stop, but saw a friend "E" and got a ride from him. Campbell didn't talk about shooting with Joseph because if word got out that Campbell was talking McNeary would be mad. "E" took Campbell to Kira's house, where he talked to Janee about a ride and place to stay. There was no mention of shooting. "E" took Campbell to someones house (couldn't understand the name, it was like Komow). Campbell told Komow that a cop was shot, and was taken to Sebastian Cadena's house. He talked to Cadena, looked at a news website about the shooting and smoked a blunt. Caden operated the computer. The story about the dead cop made Campbell feel sad, for the family of the officer and the officer himself. Campbell thought the cops would kill him because his car was at the scene and because the cops were close/tight group. That was the only reason his life was in danger. He told Cadena to close the website. Cadena asked what happened, Campbell shook his head and said "f' that. Campbell shook his head as in no, and said "f" that as in he didn't do it and didn't want to talk about it. He didn't talk because he didn't think he could trust Cadena, he was worried about people talking that Campbell was a snitch and it would get him hurt.

That's it for today, Campbell back on the stand tomorrow!!