DIRECT EXAMINATION
BY MS. MURSKY:
Q. Officer Leonard, my name is Michelle Mursky.
A. How are you?
Q. And I'm the lawyer for Jeffrey, do you
understand that?
A. Yes.
Q. Now, you told us about an episode that took
place on July --
MR. SULLIVAN: 6th.
Q. July 6th, is that right?
A. Yes.
Q. What time was it that this all occurred that
you came in contact with Jeffrey?
A. May I see my memo book?
THE COURT: Sure. Take as long as you need
to refresh your recollection.
THE WITNESS: Yes, your Honor.
A. Approximately 6:00.
Q. Between 5 and 6:00?
A. 6:00.
THE COURT: Is that p.m.?
THE WITNESS: Yes, 1800 hours.
Q. May I see your memo book, please?
A. Sure.
Q. And would you do this for me? I will hand
you paper clips and I want you to indicate where this
whole transaction started in your memo book, and I don't
want to go through the whole--
THE COURT: Step up next to him. Let him
point it out.
A. Right here, 1800 and 1810, that's it.
Q. That's all you wrote down?
A. It's all it is.
Q. Male suspect for homicide?
A. Homicide information.
Q. Now, you told us about seeing him on a moped,
is that correct?
A. Yes.
Q. Were you in a marked vehicle or an unmarked
vehicle?
A. I was in a marked radio car.
Q. And did you have another officer with you?
A. Yes, I did.
Q. And you also told is that the moped had no
plate on it, is that correct?
A. Yes.
Q. And it had a flat tire?
A. Yes.
Q. And he was by the vehicle itself?
A. He was on the vehicle itself.
Q. What was he doing?
A. He was pushing it while sitting on the
vehicle.
Q. He was just pushing it?
A. He was on the vehicle. It was running, but
his feet were pushing it when I observed him coming
towards me in the middle of the street.
Q. Did you issue him a summons of any kind of
operating a vehicle without a license?
A. No. I did not.
Q. Did you issue a summons for an unregistered
vehicle?
A. No, I did not.
Q. Did you ever ascertain who owned the vehicle?
A. It came back to a P.O. Box in Brooklyn. It
was vouchered at the precinct for the true owner.
Q. At the time you saw the vehicle, did you call
anyone to determine as to whether or not the vehicle was a
stolen vehicle?
A. I tried to ascertain--
Q. The question is, did you do something.
MR. SULLIVAN: Objection.
THE COURT: Ms. Mursky, let the witness
answer.
Q. Officer, the answer is a simple yes or no.
A. I ran the VIN number over our radio.
Q. What came back?
A. It came back no record.
Q. So as far as you were concerned, at the time
you saw Mr. Jeffrey at around 6:00 with this vehicle which
you ascertained was not a stolen vehicle, no report of a
stolen vehicle had been made?
A. Right.
Q. But in any event, you took him into your car,
isn't that correct?
A. Yes, I did.
Q. Why were you taking him in the car, then?
A. Because the ignition was popped. There was
no license plates on the thing. It's a not uncommon
occurrence in South Jamaica to have stolen motorcycles.
Q. But it had been reported back to you that it
was not stolen?
A. Right, but--
MR. SULLIVAN: Objection.
THE COURT: Sustained. We don't know when it
was stolen. It becomes an issue.
Q. Officer, I want to now refer you to the
initial stop at 108th and 157th. Do you understand that?
A. Yes.
Q. At that point, you made an inquiry as to
whether or not the vehicle was stolen or had been reported
stolen, is that correct?
A. Yes.
Q. And it came back there's no report of a
stolen vehicle?
A. Yes, at that time, yes. But it doesn't mean
it wasn't stolen.
MS. MURSKY: I would like the Court to
instruct the witness to answer my question.
THE COURT: Officer, please answer the
question.
THE WITNESS: I am answering it. I said at
that time it hadn't been reported stolen.
Q. Officer, you knew at that point who Jeffrey
was, isn't that correct?
A. That's correct.
Q. Nevertheless, you took him in your vehicle,
isn't that correct?
A. Yes, I did.
Q. Now, when you took him in your vehicle, what
did you do specifically?
A. I was in the front seat. My partner was in
the front seat. Jeffrey was in the back seat.
Q. What did you say to him about getting into
the car?
A. I said to get in the car, we're going to the
station, and he said, "No problem."
Q. Were you in uniform at this time?
A. Yes, I was.
Q. And your partner was in uniform?
A. Yes.
Q. This was a police vehicle?
A. Yes, it was a marked radio car.
Q. Officer, when you told Jeffrey to get in the
car, what would you have done if Jeffrey would simply have
walked away?
A. At that point, he would have been taken into
custody.
Q. Then for all intents and purposes, he could
not leave the area where you were, isn't that correct? He
wasn't free to leave, then, was he?
MR. SULLIVAN: Objection.
THE COURT: Overruled.
Q. Was he free to leave at that point?
A. At that point, no.
Q. Thank you very much. So that at that point
he never made a statement to you concerning any crime that
he knew about, saw or was involved in, is that correct?
A. At this point, I didn't even know about the
homicide.
Q. Fine, and at that point you didn't know
anything about a stolen vehicle, a stolen moped, is that
right?
A. I knew that the vehicle possibly was stolen.
Q. It was a guess on your part as to whether it
was or was not?
A. The ignition was broken. He had no papers.
He didn't know whose it was. On a very good probability
it was a stolen.
Q. Let's let the Judge decide that.
THE COURT: I'll decide.
MS. MURSKY: You'll decide.
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