THE COURT: This is People versus Atkinson.
MR. WHITE: Mr. Atkinson is still in the
hall, your Honor. Ms. Black, I believe, has not arrived
as yet.
THE COURT: Are we ready on People versus
Atkinson?
MR. WHITE: The People are ready, your
Honor.
THE COURT: Are you ready on Atkinson?
MS. BLACK: Yes, your Honor. Please excuse
me. I left home at quarter to eight.
THE COURT: Very well. Let's proceed with
Atkinson. Please state your appearances for the record.
MS. BLACK: My name is Christine Black. I am
appearing for Carl Atkinson, who is in court.
MR. WHITE: Wade B. White appearing for the
People. We are ready.
THE COURT: Very well, you may proceed.
MR. WHITE: Your Honor, before we commence
with the motion under Section 789.9, I would like to have
Ms. Black specify the evidence she seeks to suppress.
MS. BLACK: That information is contained in
Counts 1, 4 and 14 in the complaint on file herein.
MR. WHITE: Are you referring to the
indictment at this time?
MS. BLACK: Yes, that's correct.
MR. WHITE: So you are referring to all the
evidence that was introduced at the time of the Grand Jury
hearing, is that correct?
MS. BLACK: Well, on behalf of Atkinson, all
evidence excluding that evidence having to do with one
count of the indictment, Count 13. On behalf of Cassidy,
the other defendant, your Honor, all evidence including
that contained in Count 13 of the indictment.
MR. WHITE: Very well, your Honor. The
People have in their possession an affidavit in support of
a petition for a search warrant, and also a return on said
search warrant, number 79411. We would like this marked
as People's Exhibit 15. I requested that number so we may
have some continuity in numbers.
THE COURT: Marked what?
MR. WHITE: 15, your Honor.
THE COURT: This will be received on this
motion and marked People's 15.
MR. WHITE: It already bears a tag, your
Honor. I will hand it to the clerk.
MS. BLACK: I would like to add something
else to the indicated evidence that I wish to suppress.
It is not only all evidence presented to the Grand Jury,
but all evidence within the allegations of Counts 1, 4 and
11 of the indictment. This indictment is on file herein.
Also in addition to that, please include Count 13 for the
defendant Cassidy, your Honor.
THE COURT: Very well. The record will so
indicate.
MS. BLACK: At this time, before we continue,
I would like to for the record indicate that this motion
was made pursuant to Section 7803.9 of the State Penal
Code and is made for 7892 and 7893 as they may also be
applicable for the purpose of traversing the warrant in
this case.
THE COURT: Very well. The record will so
reflect that.
MS. BLACK: Are we ready to go on?
MR. WHITE: The People have nothing further
at this time.
MS. BLACK: At this time, your Honor, I would
like to move to exclude all witnesses.
THE COURT: Is there any objection?
MR. WHITE: No objection, except one officer
should remain. He is my investigating officer and he has
been with me throughout this case. This is Detective
Edward Maddigan of the New York City Police Department,
District Attorney's office. He is seated to my left here
at the counsel table.
THE COURT: This motion is granted. You may
have your investigating officer stay. All witnesses in
the case are to remain outside the courtroom until they
are called. Do not discuss your testimony before or after
being called as a witness.
MS. BLACK: I will call Officer Winchell to
testify.
THE COURT: Officer, I will now swear you in.
You do solemnly swear the testimony you may
give in this cause now pending before this scout shall be
the truth, the who will truth and nothing but the truth,
so help you God?
THE WITNESS: I do.
THE COURT: Be seated, state your full name
for the record, spell your last name.
THE WITNESS: Andrew I. Winchell,
W-I-N-C-H-E-L-L.
EXAMINATION BY MS. BLACK:
Q. Officer Winchell, on January the 18th, 1993,
what was your business or occupation?
A. I was a police officer employed by the New
York City Police Department. I was at that time assigned
to the plainclothes division of the Police Department.
Q. On the date of January 18, 1993, did you have
occasion to go to an address on Flowerdale Road?
A. Yes, ma'am, I did.
Q. Were you in possession of any confidential
information before you went to 1030 Flowerdale Road that
would lead you to believe that any unlawful activity was
taking place at that location on Flowerdale Road? I am
referring to your first visit on that day.
MR. WHITE: Objection. I do not believe it
has been established that there were multiple visits to
the premises.
THE COURT: Overruled. Just answer the
question, Officer.
A. Not specifically, no.
Q. And did you know of Carl Atkinson prior to
going to the residence at 1030 Flowerdale Road on January
19th, 1993?
MR. WHITE: January 18th, your Honor.
THE COURT: Yes, so noted.
MS. BLACK: Thank you, your Honor.