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exhibit 5d

SGT. ALEXANDER:  testimony on the timeframe.  And his slip of the tongue, with other slips and reminders . 

Pages 72-73, lines:

24/1- I SAID DEPUTY RIGBY, AT THE SAME TIME, {HE} LIFTED HIS FOOT TO BOOT IT AGAIN.  AT WHICH TIME HE DID SO, DEPUTY STEVENS JOCKYED IN BETWEEN THE DOOR TO….

4- AT WHICH TIME SHOTS RANG OUT FROM INSIDE.

Page 75 (Alexander still) 

4- Q.  HOW MANY TIMES DID YOU YOURSELF ANNOUNCE SHERIFF’S OFFICE?

6- AT LEAST ONCE PROBABLY TWICE.

12- Q.  ABOUT HOW MUCH TIME ELAPSED FROM THE FIRST KICK TO THE SECOND KICK?  {And also Stevens and his gun’s immediate entry/jockeying into the house.} 

14- SNAP, SNAP—(INDICATING) ABOUT A SECOND.  IT JUST OPENED, CAME RIGHT BACK AND KICKED IT AGAIN. {Also about as long as it would take to say “deputy Rigby”.}  (So, about one second, between the two kicks and Steven’s and his gun entering

And reaffirmed at page104 “it couldn’t have taken a second to kick the door again”.) 

 

Rigby at pages 95-96: 

When asked to describe the events that night.  [From his mind’s-eye]  He goes into where they had a briefing, and his assignment was to kick the door, what kind of door it was, where he and every one’s standing, even Alexander searching, then opening the storm door, to him kicking the door, and having to immediately raise back and kick it again, then the shots.  He omits any “officer identification/announcement”.  He had to be reminded/told.  “Did you hear anything?”  “Did I hear anything?”  Yes.”  “Oh!…”  (Then he gets in his "a millisecond after kicking the door he yelled ...) 

 

DEPUTY ROGER (the one that got shot). 

Pages 196-97, lines: 

14- Q.  WHEN YOU APPROACHED THE HOUSE WHY DON’T YOU EXPLAIN WHAT HAPPENED AS BEST YOU RECALL? 

16- I APPROACHED THE HOUSE, WAS STANDING BELOW THE FRONT PORCH OF THE HOUSE.  AS SERGEANT ALEXANDER OPENED THE SCREEN DOOR, DEPUTY RIGBY KICKED THE DOOR, I NOTICED THAT THE DOOR DIDN'T OPEN, I THEN STEPPED UP ON THE FRONT PORCH DIRECTLY BEHIND DEPUTY STEVENS, DEPUTY RIGBY KICKED THE DOOR AGAIN AND THE DOOR STILL DIDN’T OPEN. APPROXIMATELY 6 INCHES TO A FOOT [THEN THE] GUN FIRE…  again the same as just above, Alexander opening the screen door, Rigby kicking it, movement, another kick, and then the gun fire.  (in describing this from the minds-eye) there is NO officer notification, the prosecutor has to remind them. 

23- Q.  DID YOU HEAR ANY VERBAL WARNINGS?

24- …NOW THAT’S LEADING HE JUST DESCRIBED THE EVENT AND OMITTED IT.

1- LET ME REPHRASE THE QUESTION. 

2- Q.  WAS THERE ANY STATEMENTS MADE BY THOSE INDIVIDUALS ASSEMBLED ON THE PORCH?  (Yeah, that’s a lot less leading, and right behind the other.  But my point is.  Why should either of these guys need to be told or reminded what happened or what was said, in describing the sequence and/or events of that night?  Especially from their mind’s eye/recall.) 

4- A.  YES SIR.  ALL OF US WAS YELLING SHERIFF’S OFFICE AS RIGBY WAS KICKING. (So he was able to get in his generic “announcement”, after being reminded/told to.) 

Another minor slip of the tongue: “Deputy Stevens said that when the door did open, a small degree, he could not hear any noise, in the residence…” How or why would you, with yourself and five guys all right next you YELLING and been Yelling, expect to hear a TV in the back ground, unless it was relatively quite on both sides of that door.  But did verify that I was silhouetted between the kitchen and the living room door way. [But later lied to the jury about this fact]

I submit that the truth of that night is in these slips of the tongue/omissions, and in those spontaneous/ excited utterances, and in the nearby neutral witness statements (of Exhibits 3 & 4).  Not in the no-good, Bullshit stories of these lying, corrupt cops abusing their power/positions, in trying to cover their own ass behind this Dirty Harry/Rambo type, Dynamic Entry gone horribly wrong. 

                                                                                   (Next, page 5ege)

 

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