Stray Bullet Page #5

at that time?

-Jeffry. -[Paul] Thank you.

[Nancy] Defendant Ellerbee has been identified

by law enforcement sources through a self proclamation

of stating that he, in fact, was a So Icy Boy.

-[Paul] No tattoos, though? -No tattoos.

-[Paul] Thank you. -[Judge] All right, thanks.

[Judge] All right, Detective, you're still under oath.

We'll have Mr. Breite's cross examination.

[Harley] Detective, you testified that my client,

Jhymiere Moore, is a member of a street gang,

-is that correct? -[Nancy] That is correct.

You didn't have any role, whatsoever,

in the investigation of this case involving

the murder of Genesis Rincon, correct?

-That is correct. -You have no personal

information, whatsoever, with regard

to how this murder took place, do you?

No, sir.

-You weren't there, were you? -No, sir.

You didn't see who fired the shots, did you?

-No, sir. -Nothing further.

[Judge] All right, thanks.

[Harley] Mr. Carter, let's talk

about some pending charges.

You were arrested on September 21st, 2015,

for the distribution of possession with the intent

to distribute drugs, correct?

-Yes. -That case is still pending,

it's not been resolved, correct?

-Yes. -Another pending charge.

You were arrested on July 6th of 2016

for selling heroin, correct?

-Yes. -Okay, and that's not

yet been resolved either?

-Yes. -As you sit here today,

testifying, on behalf of the state,

those two pending charges have not yet been resolved,

-is that correct? -Yes.

Mr. Carter, this document is S57.

-You recognize that, don't you? -Yes.

That's your statement to the police, correct?

Yes.

[Harley] When you said that to them,

you said that you were sweeping up

-a little bit, correct? -Yes.

Well, but the fact is you weren't sweeping,

you were selling drugs, correct?

-I was doing both. -Ah.

[light chuckles in courtroom]

Nothing further, Judge.

[Judge] All right, thank you.

[Judge] Let's take 5. Well, we said we were gonna be here

until 3:
30, so let's take till 3:30.

[people chattering]

Right now Jhymiere is, he's not 100% confident,

you know what I'm saying, it's like,

he feels like, right now, he feels like me,

like he has a 60-40 chance.

I feel good.

You know, I feel good about it.

It's not something like I'm worried if,

or it could just be that my emotions are going crazy

right now and you know, I just can't, but,

like I just feel inside, it's like,

it's a calming feeling, it's a good feeling.

[Harley] I like to train in a place that's a bit rural.

When you're done giving everything you can physically

and mentally, as well, get in a car

and you're driving through an area with beautiful foliage,

there's something very cathartic about it.

It's very quiet, and you can really spend time

introspecting, and that's one of the hardest things

in life to do is introspect.

[breathing heavily]

When I do well in the cage, I can extrapolate

that experience into the courtroom,

into other areas of my life.

But I don't fear things the way that perhaps I did

when I was younger.

A judge is yelling at me, I just zone out,

because there's nothing that person can do to hurt me.

I've already faced the most terrifying event

I could ever face in my mind, and that's getting

on the mat or getting in the cage.

And once I conquered that,

conquering the courtroom was so easy.

So easy.

[bell rings]

[woman] You do solemnly swear that

the testimony about to be given

in this case will be the truth,

the whole truth, and nothing but the truth?

-Yes, Your Honor. -Please state your name

-for the record. -Detective John Scully.

[Paul] How many shell casings were recovered?

There was six shell casings.

Four that were nine millimeters.

One was a .380 caliber.

-Item A, I didn't know. -You guys did anonymous?

-It could have been, yes. -No further questions.

-[Judge] Mr. Breite? -[Harley] Sir.

Detective, with regard to the shell casings

found at the scene, you were never able to connect

those shell casings with any specific gun, were you?

I don't know if a gun was ever recovered, sir.

Thank you, nothing further.

All right, any questions?

I'm very confident, as I said--

Listen, then you can strut like a peacock, brother,

that you're confident, but the evidence that we have

says that you were there, that's the problem.

That's the problem.

So, me, personally, I ain't rolling dice.

I'm not letting people decide my fate

and making their own opinions on what went down.

That's not what I want. I want to be like,

you know what?

Let me get in front of this. This is what happened.

I was f***ing around and some little girl got killed

by accident.

There's a big difference.

I'm not letting them f***ing choose what I did.

-I'm gonna-- -I didn't do nothing, though.

I'm gonna talk for me.

[woman] Please state your name for the record.

-Jack DeSalvo. -You may proceed

to the witness stand.

-[Paul] Good morning, Detective. -Good morning.

Detective, who are you employed by?

-The city of Paterson. -Okay.

Did you take statements in this case?

Yes, I did.

Was that statement, were statements taken

by Detective Leishman and yourself?

-Yes. -Were you involved

in the statement of John E. Moore?

-Yes, I was. -What was his answer

when you said that

you couldn't get over that last response

that he wasn't there and wasn't involved?

"I don't know why they would like put me at the scene,

"want me to be at that scene, because I, like,

"whatever cameras you say you got at the liquor store

"or whatever, check 'em, and it will show you

I was not put there."

[Paul] Detective, during this investigation,

were cameras attempted to be located?

-Yes. -Were any working cameras

found to be in that area?

-No. -Were any cameras

from businesses found to be in that area?

-No. -Thank you.

[Judge] Detective, you can step down.

You're released for today.

Rest and have a nice night.

All right.

[Harley] Detective, you went to a press conference

to make a public announcement of the first arrest

in this case, correct?

-Yes. -And that first arrest

pertained to my client, Jhymiere Moore, didn't it?

-Yes. -Detective, you testified

earlier about these shell casings that were found

-on the scene, right? -Yes.

It's a fact, isn't it, that you were never able

to connect any of those casings with my client,

Jhymiere Moore, correct?

-Correct. -[Harley] Nothing further.

All right, thanks.

-Detective, good morning. -[Steven] Good morning.

For the record, I'm Matthew Cavaliere,

I'm representing Jeffry Ellerbee,

and I have some questions.

As lead investigator, are you the one who directs

the CSI people to send bullets out for fingerprinting,

for example?

For stuff that goes to the lab, it would be

my responsibility to have certain items

requested to be examined, yes.

[Matthew] Okay. Now, in this case, by analyzing

the firing pin fingerprint on the back

of the spent shell casings from the Genesis case,

it shows that the same gun was used

in the April 1st, 2014 case, correct?

Rate this script:0.0 / 0 votes