exhibit5e

 

WHERE IS THE TRUTH?

This “officer identification/announcement” is the crux of their case:  The only evidence against me.

Cop

Name

Said to/in

                Statements made

A

 Deputy

K. Stevens

First P.R.

(EX. 4)

1-In his initial/resgestea /excited utterance statement.  Police Report, (A-42).  He goes into all kinds of details, who, how, where …. But NO “announcement”.

Dent &

Potter

2-“ He and the rest of the parties had [all] been shouting  “Before” Rigby kicked the door, the first time.”  (A/B-5 of EX. 7)

2nd  P.R.

 (A-53)

3-“ Alexander yelled” as Rigby kicked it.  I then yelled and Rigby kicked again.”1  (Report not included)

In Court/ to the jury

(TR: 115)

4-Prior to the door being kicked “Sgt. Alexander yelled” and then he himself announced on both kicks and was just starting his fourth.  Before the shooting started.  (All that in just that one second time-frame)

B

 AP&P

Agent

Bortolussi

Dent &

Potter

1-Deffinately heard “All parties on the porch yell prior to the door being kicked the first time… and continued to yell it during the attempts to gain entry.” (AB-3)

Report  in

 EX. 5 at page 9

2-“I heard kick at the door, wherein another officer yelled Sheriff’s office1…”[2nd kick and shots, then]..” someone yell “I’ve been hit.”(One person yelled just once and after, then a person yelling that he is hit,.. shouting/commotion…) (A-51)

In Court/ to the jury

3-Has two “simultaneous announcements” with the kicks.  “Sheriff’s office was yelled twice?”. “It,.. it,..It was simultaneously on the second yelling.”  (TR: 157)

On cross

(159-160)

4-“Only announcement I heard was Sheriff’s office after the first kick.” “I heard one voice.”  I heard one person yell Sheriff’s office.” (EX. 5 page 8)

C

 AP&P

 Agent

G. White

Initial P.R

(A-40)

1-NO announcement in his initial AP&P report.  “I heard several shots fired [immediately after the shots were fired] I heard someone say I’m hit… another voice yelled out get down get down.”3

Dent &

Potter

2-“Deffinately All parties are yelling “Prior to” the first kick….” 

(A/B-3 of EX. 7)

In Court/ to the jury

(TR: 147

& 150)

3-“Simultaneously something hitting the door and officer’s yelling “Sheriff’s department” and another simultaneously...” Again at (TR: 150) he confirms that he heard the wrong announcement.  He heard “Sheriff’s DEPARTMENT” yelled.  (But at least he got in his two Simultaneouslys2.)

D

 Deputy

Rigby

1st Court & Judge

 EX. 2

1-In his sworn affidavit; requesting for, (and then giving ALL THE REASONS) Not to have to announce themselves;  (at A-13-14).  All those reasons being good enough, that Judge ordered/ commanded it so.  (EX. 2, A-16)

In  2nd Court/ to the jury

2-( At TR: 102-3 in EX. 5) He contradicts everything he told the lower Court/ first Judge, to get that No-knock/no announce search warrant:  PERJURY between these two Courts. 

A slip of the tongue

(TR: 95      to 96)

3-In describing the events [from his mind’s-eye] he goes into where he and every one’s standing, even Alexander searching, then opening the storm door.. I kicked the wooden door… I immediately raised back and kicked it again, then the shots.  Omits any “officer identification/ announcement”.  He had to be reminded/asked “Did you hear anything?”  “Did I hear anything?”  Yes.”  “Oh!”  (TR: 95)

The clean up

4-Then after being prompted/told to.  He says, [Oh yeah] I yelled a millisecond after the door was kicked (and heard others).  (TR: 96)

E

   Sgt.

Alexander

Slip of the tongue

(TR: 72)

1-In describing the amount of time between the two kicks.  [About a second]-the time it took him to say:  I said “deputy Rigby”, …. . he was booting it again.”  (He was saying “deputy Rigby” between the two kicks.)  (EX. 5, page 10)

P.R.

(A-42)

2-He (and Judd) also agreed with K. Stevens (A-42) initial accounting of the events.  With no mention of any “officer identification”.

F

 Deputy

K. Rogers

Slip of the tongue at (TR:196)   

1-When asked to explain as best you recall.  “I … was standing below the porch.. as sergeant Alexander opened the screen door, deputy Rigby kicked the door.  I noticed that the door didn’t open.  I then stepped up.. Rigby kicked again the door still didn’t open, approximately 6 inches to a foot, [then the] gun fire started….”  -So when describing what happened from his mind’s eye.  There is NO “officer announcement/identification”.  –He had to be reminded/told by the prosecutor.

Clean up

2-“Did you hear any verbal warnings?”  [Then kind of a generic]  “Yes, sir.  All of us was yelling Sheriff’s office…”

G

 Deputy

K. Judd

Dent &

Potter

1-“Just prior to Rigby kicking the door to gain entry all parties on the porch yelled “ and continued yelling and Rigby attempted to kick it again.  (A/B-2)

In Court/ to the jury

2-“It’s simultaneous”…” but certainly no prior….”(TR: 131-32)

NOT

S. Becerra

Told to an

 initial officer      (A-41)

1-This initial/res gestea /excited utterance statement.  And most accurate and honest accounting/not contaminated by anyone.  Right next-door Neighbor (25 feet away).  Heard shots followed by some shouting.” 3 No prior announcing/ ”officer identification”.  NO prior shouting  (Exhibits 3  & 4)

NOT

L. Nasbitt

Affidavit

(N-2) in Exhibit 3

1- He and two friends were outside in a nearby backyard and heard the whole thing.  They were so close that when they ran to their front yard they ran into one of the retreating search-warrant-executing-officers [circling back around] That told them to get back in your house.  He never heard any shouting or their “officer identification” prior to the kicks or the shots.

NOT

McArther

Affidavit

(N-4) in Exhibit 3

1-He and his girlfriend were across the street walking towards 500 N. on 9th West (I’m at 448 N. 9th West).  Heard the whole thing and seen part of it/them.  When they came back towards my house, were told to leave.4  Just before other back-up cops and cars were showing up.  He never heard any yelling or their “officer identification” prior to the shots, even though they were outside and near by.

NOT

D. Gallo

Affidavit

(A-44-5)

Living directly across the street, heard the shots and later shouting.  But no prior shouting or “announcing”.  He later came outside to see what was going on.

NOT

 Vasquez

Affidavit

(Add-2)

Living across the street, kitty-corner, heard the shots and commotion.  Thought it was some gang shooting… stuff.  (No prior “officer identification”.)

HOW IS IT NONE OF THESE OTHER NEARBY WITNESSES HEARD THIS [ALLEGED] “OFFICER IDENTIFICATION/ ANNOUNCEMENT”?  -Why weren’t any of these [other] witnesses [or their friends] asked for a statement [or their names] that night?  Or Becerra’s other houseguests?

How is it that Dent & Potter are able to extract so many announcements and prior to the kick announcements?

How can anyone explain how officer Stevens was working on a fourth “announcementwith everyone yelling.  But at best, agent Bortolussi [10 to 20 feet away] hears one person “announce” one time?  Either one or both are lying.  What about Judd in his “prior to” and “certainly no prior” statements?  (He’s right there on the porch also.)  How is it White right next to Bortolussi, still up at the front corner of the house hears the wrong “announcement”?

How can Bortolussi possibly explain all his contradicting statements?  He can’t:  Already got caught lying to this court.   What about all of Steven’s bull shit made-up testimony and investigator officer Prior’s wrong measurements?  Why would Sgt. Alexander & Rigby lie to the jury right from the first about the how & whys of these No-knock warrant executions and even as to how they always do it? 

I submit that the TRUTH is in the slips of the tongues in describing the events from their mind’s eye.  And from the neutral [and non-contaminated by Dent & Potter] witness statements, affidavits and initial police reports/statements.

 


1 Keeping in mind that Dent and Potter has already talked to him/contaminated this investigation. 

   (That includes most those later reports from that night, especially out of the Sheriff’s office.)

2 Unlike his AP&P partner that gets busted trying to get his two “simultaneously’s” in before the jury.

3 Her [non-influenced/ honest accounting] statement and White’s [initial statement] are almost verbatim. 

4 Apparently by one of the search-warrant-team members.             

 

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