11 20 12 0204 063341 cr12-2025 transcript by rjc cathy w, ie cathy woods no numbers

7/28/2019 11 20 12 0204 063341 CR12-2025 Transcript by RJC Cathy W, Ie Cathy Woods No Numbers

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OFIN THE JUSTICE COURT OF THE

IN AND FOR THE COUNTYTHE HONORABLE PETER SFERRAZZA/ JUSTICE OF THE PEACE

--000-

STATE OF NEVADA/ Case No RCR2011-063341Plaintiff, Dept . No . 2

v s .ZACHARY BARKER COUGHLIN,

D e f e n d a n t .

TRANSCRIPT OF PROCEEDINGSTRIAL

TUESDAY, NOVEMBER 20, 2012APPEARANCES:For t he Plaintiff: Zach Young, Esq .

Depu ty District A t t o r n e yOne So u t h S i e r r a S t r e e tReno, N evada 89520

For t he D efendan t : IN PRO PERSt a ndby by Counse l James L e s l i e , Esq .

Depu ty P u b l i c D e f e nde r350 S. C e n t e r S t r e e t , 5 t h F l o o rReno, Nevada 89520

(JAVS ELECTRONICALLY RECORDED)T r a n s c r i b e d By: C a t h y w

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I N D E XDIRECT CROSS REDIRECT RECROSS

WITNESSZachary FOR THE DEFENDANT:Barker CoughlinBY: MR COUGHLIN 7 99BY: MR YOUNG 66

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RENO NEVADA TUESDAY NOVEMBER 20 2012 8:58 A.M.-000

MR. LESLIE: Judge while you re looking fo r tha t ,i s Jim Lesl ie .

THE COURT: I understood Mr. Young had a t r i a l in 9tha t cor rec t?

MR. YOUNG: Yep.THE COURT: And did we ever get tha t changed or not?MR. YOUNG: I t wi l l have to wait .THE COURT: We can make t h i s l a t e r .MR. YOUNG: No, thank you Your Honor.THE COURT: All r igh t . We wi l l a t l e a s t go to 10:00

then we can decide where we are a t tha t point .Mr. Coughlin you were on the s tand but before we proceed

need to know why you weren t here a t 8:30?MR. COUGHLIN: Yes s i r , Your Honor. I apologize .

up a l l night working on t h i s , and t h i s morning and lookedt the clock and t r i ed to f in i sh , and I d i d n t give myself

t ime to get here on t ime.THE COURT: Mr. Young I ll excuse you s i r , you re

minutes l a t e , but we wi l l proceed so come on up.

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MR YOUNG: Your Honor you are ca l l i ng the case , t h i s11-063341?

THE COURT: I am ca l l i ng tha t case yes.MR YOUNG: Thank you.THE COURT: Tha t s what I was t ry ing to do a t thewhen I cou ldn t f ind the case number.MR YOUNG: Thank you Your Honor.THE COURT: Mr. Coughlin you are on the s tand, so i

please come up.MR COUGHLIN: Yes s i r .THE COURT: And I t h ink we made it qui te c l ea r

come on up s i r t ha t you were to t e s t i f y as toand not argue while you were on the s tand.

MR COUGHLIN: Yes s i r .THE COURT: And please have a sea t then.

And you are still under oath.MR YOUNG: Your Honor while I get se t up j u s t for

of the record Mr. Coughlin i s out of custody I knowI l e f t yesterday Your Honor had him taken i n to custodywant to make sure the record s c lear tha t a t some poin t

l a s t nigh t and t h i s morning he was re leased.THE COURT: Shor t ly a f t e r you l e f t I did br ing him

i n to the courtroom and ordered his re lease on condi t ionhe be here today and fu r the r he represented to me tha t he

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MR YOUNG: I j u s t wanted to make sure t he record was

THE COURT: Well, Mr. Coughlin promised today t ha t het e s t i f y as to the fac t s and not argue the law while he was

witness .Mr. Coughlin?

MR COUGHLIN: Yes, s i r , Your Honor.Your Honor, may I have a moment, please?

THE COURT: Why do you need tha t , Mr. Coughlin?Coughl in .

MR COUGHLIN: Oh, because I t h ink the re might be ain it.

THE COURT: Are we ready, s i r ?MR COUGHLIN: Yes, s i r . And the only t h ing I d note

it was working when I came in here and then it was l i ke Iit wrong, and the whole my lap top , but I ll put up

one here .THE COURT: Si r , why don t you proceed with your

MR COUGHLIN: Okay. I j u s t note t ha t I be l i eve I min a dual ro le a t t h i s poin t .

THE COURT: No, you re ac t ing as a witness r igh t now.thought we c l a r i f i e d t ha t yes te rday . You re not in a dual

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when you are on the s tand, you are a witness .I mean you i f the d i s t r i c t a t to rney objec t s , you wi l l beto respond as an a t to rney to an objec t ion, but other thanyou are a witness .

MR COUGHLIN: Yes, s i r . May I c l a r i fy? m I able tovideos or audio

THE COURT: Well, to the extent tha t you are permi t teda mat ter of law to authent ica te , yes.

MR COUGHLIN: Will I present them to myself or inI m you ve t o ld me I m ac t ing as a witness now.

MR LESLIE: Your Honor, I d l i ke to i n t e r j e c t andthe Court tha t I m here as standby counsel , I can t ake

any t ime the Court fee l s the need.THE COURT: All r igh t . ir -MR YOUNG: This has been gone over yes terday ad

THE COURT: We need to proceed.MR YOUNG: You re wast ing county as se t s .MR COUGHLIN: Your Honor, I v e f i lmed some videos .THE COURT: After the fac t or on the day of?MR COUGHLIN: Both.THE COURT: Okay. As to those on the day of , those I

I v e ind ica ted would be re levan t to these proceedings .As to those a f t e r the fac t by and l a rge t h e y r e not

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unless you have some except ion to the hearsay ru l e o r

MR. COUGHLIN: Am I pe rmi t t ed to a s s e r t t h a t now?THE COURT: Well let s go forward with your

s i r . I t o l d you we re not going to argue anymore.MR. COUGHLIN: I unders tand . May I ask one c l a r i f y i n g

MR. YOUNG: I objec t to any c l a r i f y i n g ques t ions .objec t t o him ask ing any c l a r i fy i ng ques t ions , t h i s i s

t h i s i s ge t t i ng r id icu lous . You took him i n t o

THE COURT: I wi l l s us t a in the objec t ion , go aheadand t e s t i f y .

ZACHARY BARKER COUGHLIN,Having prev ious ly been sworn t e s t i f i e d as fo l lows:

DIRECT EXAMINATION

THE WITNESS: Yes s i r .Urn urn, I do not be l i eve t ha t I was demonst ra ted any

coope ra t ion with the , urn, o f f i c e r on the nigh t inOff ice r Duralde o r Off ice r Rosa o r Off ice r Alaksa.

Urn I did f i lm a video a t the t ime of the a r r e s t , which i saudio, given it was placed in my pocke t s ho r t l y a f t e r the

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a r r ive d .Urn I t h i nk the video demonstra tes to some ex ten t

MR. YOUNG: Objec t ion , a rgumenta t ive .THE WITNESS: I m sor ry . Urn urn my r e c o l l e c t i ons of

behavior dur ing t ha t t ime, urn a re t ha t I was coope ra t ive andc a l l i ng them s i r and o f f i c e r , i nd i c a t i ng I had a gre a t

of respec t for them.I do r e c a l l Off ice r Duralde saying he had no r espec t he

r espec t me whatsoever , I be l i eve was his exac t , urnI t h ink .

THE COURT: Go ahead, s i r .THE WITNESS: Urn he d i d n t r espec t me whatsoever , and

I be l i eve he did ask me if I had the phone, and then Iurn or I asked him a ques t ion about what my r igh t s

be with r espec t to , urn whether or not I could I d o n tI m a littl unsure, if I can look a t papers

THE COURT: No, you c a n t unless you t he only th ingcan do if you cannot remember you can r e f r e s h your

with something t ha t was made contemporaneously a tt ime.

But I mean if you had a wr i t t e n s ta tement made then, o rl i ke tha t , but not with notes you ve prepared fo r t h i s

THE WITNESS: Okay. Could I do t he video?

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TH COURT: S i r ?MR YOUNG: I f h e s t r y ing to play the video in

of what he f i lmed t h a t nigh t , I wi l l not ob j ec t toand he can j u s t p lay the video . I t h i nk it s a l ready been

But if Mr. Coughl in wants to p lay fo r expedien tif he wants to p lay the video t h a t he took , and if he

a u the n t i c a t e t h a t h e s the one who took it dur ing the a c tua land a r r e s t , I have no o b je c t i o n to him p lay ing t h a t .

THE COURT: Al l r i gh t , go ahead s i r , you can p lay t he

MR YOUNG: So long as he can j u s t in form us t h a t t h i sthe video , who made it, and when it was made.

THE WITNESS: I made the video j u s t p r i o r to thea r r i v i n g .

THE COURT: I m so r ry?THE WITNESS: So I can can I do t h a t with the video

p r i o r to the o f f i c e r a r r i v i ng?THE COURT: T ha t s f ine . But t e s t i f y first what t h i s

THE WITNESS: Okay. This i s a video t h a t I took, s i r ,p r i o r to the o f f i c e r a r r iv ing .I f I can back up fo r a second. I would l i k e to t e s t i f y toI heard on the CD Ci ty At t o rney Skau gave me.

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MR YOUNG: Objec t ion .THE COURT: T ha t s sus ta ined.

You c a n t t e s t i f y to what you heard on the CD But gos i r .

THE WITNESS: Can I au then t i ca te t he CD with therecord ings?

THE COURT: I th ink we a l ready agreed you can play therecord ings yes terday.

THE WITNESS: Can I do t ha t now?THE COURT: Is the re any objec t ion?MR YOUNG: I made my objec t ion yes terday, youit.THE COURT: I overruled the objec t ion, you may play it

t h a t s it, and then you can play the video of yourMR YOUNG: Your Honor i s what h e s about to p lay

marked?THE COURT: I thought it was.MR COUGHLIN: Yes s i r . I be l ieve t h i s i s Exhib i t 2THE COURT: All r igh t .MR COUGHLIN: This i s theTHE COURT: But it s only l e t s j u s t get t h i s c l ea r ,

a l ready went through t h i s yes te rday , please have it ready tos i r .

THE WITNESS: I m j u s t demonstrat ing t h i s i s the

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one Mr. Skau in the c i t y a t t o r n e y s o f f i c e gave me.THE COURT: What I ru l ed was admiss ib le would be t he

r ecord ing o f the d ispa tch c a l l r e l a t i n g to t h i s i n c id en t .THE WITNESS: It s a number of , I guess c a l l s or back

fo r th exce rp t s .THE COURT: Go ahead s i r .THE WITNESS: Thank you.

I ll s t a r t the tape , it i n d ica t e s the s t a r t t ime20 th 2011 a t 11:23 p.m. 55 seconds so 11:23:55, on

THE COURT: Did you get t ha t , August 20th , 11:53.MR YOUNG: So long as t h i s di sk con ta ins only t hese

THE COURT: I d o n t know what e l s e i s on t h e r e .MR YOUNG: That should be the only th ing t h a t s on

MR COUGHLIN: I wanted to br ing t h a t up maybeTHE COURT: Si r , you e i t h e r play it, o r w e r e done.THE WITNESS: I j u s t wantTHE COURT: Si r .MR YOUNG: I s t he r e p re s e n t a t i o n by Mr. Coughlin t h a t

di sk t ha t he i s moving to admit only con ta ins the E-com

THE COURT: I d o n t know t ha t .

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MR. YOUNG: Well , we need to f ind t h a t out .THE COURT: I m no t admi t t ing t he whole di sk , t h a t s

I m t r y i n g to say, I m admi t t ing t he ev idence , the11:53 , assuming it i s what it purpor t s to be.

CD played . )THE COURT: Do you have t he a b i l i t y to play the d i sk

t h a t ? Why d o n t you j u s t p u l l o u t t he di sk and we w i l l puton t h e r e . Give me what you i n t end to o f f e r r i g h t now.

MR. COUGHLIN: It s t he video.THE COURT: Give me t he videos as wel l .

Hurry up. I f it s not done a t 10:00 it w i l l not be played.Which one i s it on t ha t disk?

MR. COUGHLIN: It s every th ing on t h a t di sk , t h a t swhat Mr. Skau gave me. It s my unders tand ing it s j u s t

t heTHE COURT: Play them a l l . Unless t h e r e s anwhi le they a re play ing , we w i l l pause it.

You r e p r e s e n t e d t h i s was th ree minutes a l to g e th e r , r i g h t?MR. COUGHLIN: I d o n t r e c a l l s p e c i f i c a l l y , I t h i n k

f a i r l y shor t though, about th ree minutes , I would say .THE COURT: Can you play it as loud as you can?

Well , maybe not .CD played

MR. COUGHLIN: I d o n t t h i n k t h a t s t he d i sk . Is t h a t

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disk I gave you? Does t h a t have a redMaybe t h a t i s on it but I unders tood it was j u s t the

t a lk ing to t he o f f i c e r , t h a t was Mr. Gob le s vo ice ,

MR. YOUNG: That was a di spa tch c a l l , which I be l ievec a l l has been admit ted .

THE COURT: Go ahead with it please .THE CLERK: I th ink t ha t was admit ted, do you want me

cont inue , Judge?THE COURT: Yes.

CD playedTHE COURT: That i s what we heard yes terday, so sk ip

one and go to t he next one, if the re i s another one on

Is t he re another one on t he re?MR. COUGHLIN: Your Honor, if I may, t h a t ca l l i s

shor t , and I be l ieve you can hear it b e t t e r here , t h e r e sl o t o f background in t ha t

THE COURT: Si r , I al ready heard it yes terday, somoving on to the next one.

THE CLERK: I m not sure where the next one i s ,not l abe led .

THE COURT: Just-CD played

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THE COURT: Si r , whatever d isk you have you need toto her r igh t now, otherwise it s not going to be played .CD played)

THE COURT: We re not going to p lay a l l of those , youme t h a t spe c i f i c you had a video t ha t you took of t he

Give t ha t to t he c le rk .Whatever one you want. So it s j u s t a r epe t i t i ous one?Is the re more on t h i s one, Mr. Coughlin?

MR. COUGHLIN: This i s t a lk ing to t he po l i c e .CD played)

THE COURT: I m not going to play a l l of t hese , s i r ,you need to des igna te exac t l y what it i s , and what it i s t ha t

purpor t it to be t ha t i s r e l evan t to t h i s case .MR. COUGHLIN: May I see?THE COURT: You ve a l ready had them in your hands fo r

Te l l us which one i s can you hand it back to him?MR. COUGHLIN: Can we l i s t e n to t h i s , because t h i s

I m hear ing no th ing .Your Honor, how long i s t h i s going to go

T i l l 10:00, and then we re done.I guess the reason I m ask ing i snot t e s t i f y i n g , and t h a t s what you put

in custody fo r l a s t nigh t , you subsequent ly OR d him, as I

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it because he agreed to t e s t i f y to fac t s , and h e shere messing around with disks , and we re not ge t t i ng

THE CLERK: Do you want me to cont inue to play t h i s ?THE COURT: No, I don t . Because I m hear ing no th ing ,

t o ld him to que it up, so we re done with the t apes .Go ahead and t e s t i f y , and t h a t s it I gave you an

to presen t these numerous t imes and you r e obvious lyprepared to presen t them, so go ahead and t e s t i f y , s i r .

THE WITNESS: Yes, s i r .I witnessed a man holding the iPhone, or a phone of some

I th ink he sa id iPhone, a lo f t from the west s ide of theplaza . I was on my bike , t h i s would I es t imate t h i shave been very near to 11:20 a t night on August 20th,

Um I be l i eve and I had r idden my bike up with my dog,a l t e r n a t e ly c a r r i e d or had run with me. And I stopped,

to r e s t or for him to re s t , r igh t in the can I grabp ic tu re ?

THE COURT: Jus t go ahead and t e s t i f y , s i r . I knowseen it 20 t imes now, so I know what it i s .

THE WITNESS: Okay. So r igh t near the Virg in ia s idef the skate p laza my dog and I s topped, and a l l the way from

- - the gentleman was I would es t imate tha t he was a ttha t kind of shed t h ing in the ska te plaza , which I

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say i s on t he nor the a s t e r ly s i de of t he p laza , urn t h a t i sthe r i v e r and c i t y ha l l , and I could hear him from a l l

way away, which I would es t imate was perhaps a hundredmaybe a b i t l e s s , so 300 f e e t for so , hold ing t he phone

and, urn urn say ing whose iPhone i s t h i s?At no t ime he sa id whose iPhone i s t h i s ? Whose iPhone

t h i s?I did hear him say t ha t I be l i eve j u s t immediate ly p r i o r

tha t I heard him say whose, urn urn when he sa i d whosei s t h i s? He was about 300 f e e t away, and then he s a id

c la im t r i gh t now, or I 'm going to throw t in t he

Urn I had no t iced about 20- fee t from him was who I l a t e rwas Nicole Watson, she ' s in her l a t e t eens , I

Urn and her f r i end Lucy Byington, and a gent leman ors tanding next to him, who might have been Colton Templeton.

The gent leman did announce loudly , loud enough where Ihear him a l l t he way on the o t he r s ide , p r e t t y much on

s ides of the skate p laza , he loudly announced t h a t hegoing to throw t in the r ive r , the iPhone.Urn urn sometime l a t e r I was accos ted by th ree youths in a

of th ree , who came up to me, and they came up to me kindin a rush and urn were demanding t h ings o f me, and urn I

somewhat t h rea tened by them, I be l i eve the one named

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Goble, urn, i nd ica ted something to the e f fec t t ha t heI had his phone, t ha t he wasn t sure , but he bel ieved I

it

Urn he d i d n t provide any pa r t i cu la r i zed informat ion abouthis phone looked, or anything l ike tha t .Urn I was somewhat taken back by how abrupt and aggress ivewere, and it made me th ink t ha t if I did have t h e i r phone,

a phone, it made me th ink if I did have a phone t ha t I wasn tsure I would bel ieve them tha t it was the i r s , given the

and demanding nature , and the re l a t ive youth in thethey were dressed, j u s t based upon my t r a in ing and

as a now suspended a t torney, and t ha t experience,t r a in ing inc luding three years of law school and four years

col lege .I got a Bachelor of Science, I s t a r t ed a t the Univers i ty of

and f in i shed a t UNR got a Bachelor of Science inand went d i rec t ly i n to UNLV s newly opened law school ,

graduated in 2001, and passed the 2001 bar exam, and thenUnited Sta tes pa ten t and t rademark of f i ce bar examination as

urn, whereupon sometime af te rwards I was l i censed as a

Urn but spec i f i ca l ly in law school in t ak ing courses suchcr iminal law and evidence, urn, I was t ra ined to not i ce

cha rac te r i s t i c s or evidence about s i tua t ions and people

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which one might i n f e r d i f f e r e n t mot iva t ions , and d i f f e r e n t ,i n d i c a t o r s as to the ve ra c i ty o f what t hey might be

I was a l s o t r a i n e d with r e s pec t to prope r ty , and r i g h t s ,neg l igence , and a f a i r amount o f t r a i n i n g in r ega rds

with r espec t t o , um how the law t r e a t s pr ope r t yTHE COURT: It sounds to me l i k e you r e arguing aga in ,

I m going to warn you t h a t you a re to be t e s t i f y i n g as to theo f t h i s case , not your t he o r i e s , o r your l e g a l arguments ,

can make t hose a t the conc lus ion o f the case .THE WITNESS: Yes, s i r .

Um so I do r e c a l l being t aken aback by t h e i r demeanor, andum r a t he r quick rush to , um h o s t i l i t y , and demanding,

imposing group aggres s ion towards me.Urn I remember r e c a l l i n g t h a t if I d id have a phone and if

- - t h a t I remember if I did have a phone, and given t h a t theI be l i eve asked me if I had h i s phone, and then I

p r i o r to t h a t seen and heard from some d i s t ance-

THE COURT: You ve a l ready t e s t i f i e d to t h i s , s i r . Soahead, not backward.

THE WITNESS: Okay. I j u s t was t e s t i f y i n g given thoseI d i d n t , urn I thought t he r e was a good

t h a t , urn anybody who had heard t h a t man ho l d the

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a l o f t and announce tha t he was going to throw the iPhonethe r ive r , in downtown Reno, Saturday nigh t , and t he economy

been r e a l l y depressed , I remember t h ink ing , wel l , if someonetha t iPhone, t he y d probably have a bunch of othe r

p r e t t y soon the rea f te r making t he same c la im.And when I heard t ha t guy hold t he phone a l o f t l i k e t h a t

t h ink ing t h a t could become a f r e e - fo r - a l l p r e t t y quickdowntown Reno, with a l o t o f people e i t h e r c la iming it, and

t h e r e a f t e r arguing about whose it was, and whatnot .Urn I grew f e a r fu l upon t h e i r e sc a l a t i ng t h e i r demands of

and, urn I r e c a l l t h ink ing if I did have a phoneTHE COURT: You a l ready t e s t i f i e d to t h i s , s i r , so goYou ve sa id t h i s t h ree t imes .THE WITNESS: Well, okay.THE COURT: I unders tand t he essence .THE WITNESS: Okay.THE COURT: You had some doubts as to whether o r not

was t h e i r phone, so let s move forward.THE WITNESS: Urn I f e l t for my sa f e t y it would be

fo r me to ge t going.Urn I rece ived no i nd ica t ion from them t h a t they were

me to s tay , o r wanting me to s t ay . Urn upon myto leave it seemed to me they did make some i nd i c a t i on

would apprec ia te it if I s tayed.

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Urn I immediate ly s topped and urn decided t ha t it would beto i n t e r a c t with them and address the concerns they

I a t tempted to do t ha t . I c a l l e d the po l i c e once it becamet ha t they were e i t h e r t r y ing to take my dog an 18-pound

o ld Pekinese dog or and/or my bike .Urn t h i s was confirmed when I l i s t e ne d to 911 t apes I was

l a t e r .Some I d o n t know i I can t a l k about t h i s .

THE COURT: No you c a n t , s i r , j u s t go ahead and

THE WITNESS: Okay. I do r e c a l l e spe c i a l l y Aust inbeing one of the group of th ree who i n i t i a l l y approached

e in near ly and immediate ly hos t i l e manner. In fac t , I f e l tt h r e a t j u s t how they were dressed . They were dres sed int eens , e a r l y 20s ska teboarder type c lo th ing and/or p i e r ced

ha i r on the man I r e f e r r e d to well ,h e s c a l l e d Peanut . I r e c a l l see ing Peanut be I r e c a l l

him pass a phone to Mr. Goble dur ing t h i s t ime p r i o r topo l i c e a r r iv ing , which I would es t imate was between urn

to 11:27 so about f ive minutes . I saw Peanut pass ato Mr. Goble urn Peanut was espec ia l ly aggre s s ive towards

He s a id something t o the e f f e c t of t ha t he was t ak ing my

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and in a manner to ind ica te he was teaching me a lessonsomething.Urn I don t reca l l anything about him holding saying he

holding my bike , or perce iving him do anything wherein hemy bike wi th the in ten t of keeping me there , ra ther I had

stopped and proceeded to engage or i n t e rac t with them.And, urn he and Mr. Lichty and Mr. Goble made lunging

towards e i the r my bike or my dog. Peanut did at temptgrab my bike , and I while I had my dog in one hand, held onthe bike , prevent ing him from taking t with the othe r .

Mr. Lichty did - - he was on my l e f t , so from my l e f t It was Mr. Lichty, Cory Goble, the man about 22-year old

ears , Nathan Zarate, Robert Dawson, and over to myr igh t would be Colton Templeton, and they were a l l in f ron t

me.Another youth who was Asian, named Tanner Chan, was kind of

to and f ro behind, and he was on a phone.Urn upon th ings esca la t ing to the poin t where I f e l t l ike

ca l l the pol ice j u s t for everybody s safe ty , not only tothe pol i ce to ar r ive , but to a l so maybe put t in the

mind t ha t t h i s was not going to be a f r ee - f o r - a l l , andthey in tended t to become some sor t of s t r e e t f ight , t

quickly be i nves t iga ted by pol ice who were f a i r l y sure toupon me ca l l ing 911.

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Urn I be l i eve Mr. Goble made a 911 c a l l or two urn it shard sometimes to separa te my f ee l i ngs and my subsequen t

Urn I r e c a l l t e l l i n g the 911 ope ra to r t ha t I was f e e l i ngand t ha t someone was t r y ing to s t e a l my b ike and my

t ha t a group o f youths were pushing me up on the b r idgeoncoming t r a f f i c on the I d o n t know if I s a id t he

name spec i f i ca l ly , but we re on the Center St r e e t br idge ,i s a one-way s t r e e t , and t ha t br idge i s f a i r l y s ho r t .

probably only, I d say t h r e e - f e e t high to where I wouldto kind of lean down about s ix inches to j u s t to r e s t my

on it, which made me more f e a r fu l , because it j u s tl i k e the re wasn t much between my back and oncoming

given how d i s t r a c t e d I was by the youths hold ing myand a l l t ha t , it f e l t l i ke a r a t he r tenuous s i t u a t i o n .Urn I a l s o r e c a l l somewhat of f to the r i gh t see ing Nicole

and Lucy Byington who had jo ined the group who hadi n i t i a l th ree , I would say probably with in 20 seconds

the i n i t i a l t h r e e , in p ieces the group came over . That I , a tt ime, I i nd i ca t ed t o the 911 ope ra to r was about 20 20

youths .Urn

THE COURT: Si r , I m giv ing you gr ea t l a t i t u d e , but Iyou f e l t t h rea tened , you d i d n t be l i eve it was t h e i r

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what happened then? The pol ice a r r ived on t he scene.THE WITNESS: It s my unders tanding I sa id if I had a

I d i d n t be l ieve it was put fo r th to me much i nd ica t ionurn they

THE COURT: I f you had a phone, you d i d n t be l ieve itt h e i r s .

THE WITNESS: They ha dn t given me much to go on.THE COURT: Okay. Then what happened when t he pol i ce

THE WITNESS: Urn the Off ice r Duralde a r r ived , and Ip o l i t e with him a t a l l t imes .

I v e had d i f f i c u l t i e s with law enforcement in my l i f e , andkind of come to unders tand t h a t it s l i k e ly a by-product of

and unless appr i sed of any wrongdoing on lawpa r t or any any ill wi l l on my par t towards

it s more I v e unders tood i s a funct ion, what t h e i r jobto do and some of my d i f f i c u l t i e s per ta in ing to ADD I c a l lco lor ing in t he l ine s .

Urn urn combined with I m a little pe c u l i a r in t h a t Ihave always been a fan of t he Fourth Amendment, and I

you c a l l it c i v i l r igh t s in genera l , with an emphasis on

Urn most of my l i f e , and I t h ink some of t h a t goes back tochi ldhood and having a s t e p fa t he r who was, urn p r e t t y s t e rn

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p r e t t y not a l o t of r espec t fo r my pr ivacy , urn o r anyI might have thought I had.

Urn urn I r e c a l l th ink ing a t the t ime t h a t if I had t heand I 'm in the c i rcumstances t ha t as they occur red t h a twhich to me seemed l i ke it was s t a r t i n g to shape up to

l i k e a law school f a c t pa t t e rn to me, some law schools a id where t h e r e ' s a l o t o f ambigui ty as to who might

what, and who might have been negl igen t , I don ' t mean toargument , s i r , I 'm j u s t t r y ing to say what was going on in

mind, urn and what r i gh t s I might have if the o f f i c e r s say ,he did , begin query ing me p r e t t y much immediate ly upon

I r e c a l l Mr. Zara te say ing to O f f i ce r Duralde t h a t heeve ry th ing . I be l i eve his exac t words were 1 was t he re ,every th ing .

And t ha t was it t h a t ' s a l l I heard him say t o O f f i ce r

O f f i ce r Duralde then , urn it might have been Nicoles a id something to him, I c a n ' t r e c a l l exac t l y , j u s t a

r e c o l l e c t i on .MR. YOUNG: Objec t ion , Your Honor, anyth ing Ms. Watson

THE COURT: Sus ta ined .Go ahead.

THE WITNESS: I be l i eve Of f i ce r Duralde then asked me

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ques t ion, and I responded by asking him a ques t ion in responsesought to c l a r i fy what he was seeking from me, with

o f a s ide i s sue to it of involving c o n s t i t u t i o n a l

I do be l ieve sp e c i f i c a l l y the Fourth Amendment.And, urn I r e c a l l a t tha t t ime t h ink ing tha t , urn t h i s may

shaping up to be a s i t u a t i o n where the only th ing I had ofvalue one o f the few th ings I had of monetary value

l i f e a t t h a t poin t , might be j eopardized, were I to beaccused of something, and I m r e fe r r ing to my law

And the genera l fee l ing I v e always had about a law l i c e nset h a t it s a r a the r tenuous th ing, and it along with t h a t

one s r e pu ta t ion for ce r t a in th ings . Spec i f i ca l ly withto moral charac te r .

MR. YOUNG: Your Honor, I m going t o ob j e c t . I v e l e tgo, but h e s ge t t i ng away from f ac t s .

THE COURT: All r igh t . Sus ta ined .THE WITNESS: Okay. Urn I do r e c a l l , urn a f t e r I

urn the o f f i c e r , urn a c l a r i fy ing ques t ion about myconcerning t he Fourth Amendment t h a t he

something to the e f f ec t tha t whether o r not he hadurn it seemed to me, I d o n t know if he sp e c i f i c a l l y

but he sa id something t ha t made me be l i e ve he

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an i n t e n t to search my pocke ts , whether or not hedeveloped s u f f i c i e n t susp ic ion to j u s t i f y him doing so .

Something I be l i eve , if I was t r y ing to put it verba t im asI could, it was something l i ke , urn look if you give t he

back urn t he i tem I c a n t remember what words he usedh e l l probably be okay with it

When he s a id t h a t I r e c a l l th ink ing t ha t t h e r e s , I v eand I d o n t mean to impugn law enforcement but t h a t

urn a l o t of people who are prosecu ted based uponthey might do. On a good f a i t h b e l i e f t h a t t he probably

o f f i c e r was r e f e r r i ng to would be something he could r e l y

And I a l s o r e c a l l th ink ing not too many lawyers would e n te rif you say w e l l probably f u l f i l l it Most l awyers

say please tu rn your probably I thought a t t he t imesay say please t u r n your probably to a s i gna t u r e on a

then I d o n t have to wonder.Urn.

THE COURT: Did you say t ha t , s i r ?THE WITNESS: I d id not say t ha t to the o f f i c e r , I

thought it in genera l i zed terms in my mind.Urn he in response to my ques t ion about he asked me if

had something in my pocke ts , I asked him a ques t ion inseeking c l a r i f i c a t i o n with somewhat of a focus on

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about what c ons t i t u t i ona l r i gh t s I might have in a Four thcon tex t , and he urn he i nd i ca t ed t ha t , I d o n t r e c a l l

but p r e t t y much t h a t I had very little in the way o f anof p r ivacy o r Four th Amendment r i g h t s o r f reedom

going th rough my pocket s a t t h a t po i n t .Urn and I do r e c a l l s p e c i f i c a l l y I be l i eve I sa id ,

perhaps you might be r i gh t , I might have s a i d , s i r , ingenuine tone o f voice , because I v e hones t ly p r e t t y much s ince

t en years always been on guard when i n t e r a c t i n g with lawurn because I j u s t noted t h a t I had a t endency to

d i f f i c u l t y with them and I d o n t want t o .So I t r y my bes t , and I m not say ing I always succeed, bu t

t r y my bes t t o be ove r ly ca r e f u l not to do or say anyth ingwould ge t me in t rouble and d i s r e s pe c t towards them.Urn and t h a t s combined with kind o f a pass ion fo r Fourth

r igh t s . It s a d i f f i c u l t l i n e to walk.Urn urn he - I s a i d perhaps you might be r igh t , and then

he asked me to ge t o f f my bike , I be l i eve , I asked himand I be l i eve he kind of motioned me to s t ep to the s ide

he was going to search my pocke ts , o r I t h i nk hehe was someth ing to the e f f e c t t h a t I needed to ge t

my b ike and s tand over by the r a i l i n g so he could under takes o r t o f search o f some so r t .Urn I am always on guard with my dog Jackson because h e s

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dog t ha t w i l l run away. He s run away a number of t imes . Soasked the o f f i c e r if I could t i e him to t he b ike , and the

was p o l i t e and sa id pre t t y much po l i t e , he seemed to belittle exacerba ted immediately a f t e r I asked him the ques t ion

pr ivacy r i gh t s , or c l a r i fy i ng ques t ions in response to h i she seemed to be a little exacerba ted a t t ha t poin t ,

I r e c a l l th ink ing t h a t s a little unders tandable , h e s got ahere of youths , and I th ink a t t ha t po in t some I j u s t

was a crowd of youths, t he re was a couple o f youngand I j u s t r e c a l l th ink ing , you know, most a l l o f us

t e s tos t e rone-wise , you know, we d o n t enjoy be inghaving anybody do much o the r than what we ask them

do. Pa r t i c u l a r l y when we re func t ion ing in our o f f i c i a lsuch as t h a t o f f i c e r was.

And I r e c a l l having some unders tanding of hi s exacerba t iont t ha t poin t , given hi s ro l e in h i s o f f i c i a l du t i e s as a po l i ce

in terms of keeping order , keeping people sa fe .Um combined with being a little b i t l e e r y of the ex ten t to

he had i nd i ca t ed he would be doing a search whether heit seemed to me, whether he developed much in the way o f

or r a t i ona l e fo r doing so.It seemed to me he j u s t kind of j u s t announced what he was

to do, and then i nd i ca t ed he would j u s t e i t h e r f ind somel a t e r to suppor t it o r perhaps make some up.

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He d i d n t say anyth ing l i k e t h a t , l i k e he was going to makeup but it j u s t kinda - - the i n fe rence to me was

o r i not comple te ly make something up shade whatever heto work with .Which I , urn urn urn

THE COURT: Do you have anyth ing e l se , s i r ?THE WITNESS: I do.THE COURT: Go ahead.THE WITNESS: Yes s i r .

Urn he I got of f my bike , I t i e d up my dog I t r i e d tono s o r t o f t h r e a t , I know I m about s i x , four , and

t h a t t ime I was overweight , so I was about 250 pounds and Idressed in a manner t h a t d i d n t i nd i c a t e I was - - I f e e l

i nd i c a t e I was a p a r t i c u l a r l y t h r e a t e n ing ind iv idua l .I was in a lmos t p a s t e l shade very t h i n T - s h i r t , it was l a t e

so it was ext remely ho t most days and I was in t h i n n i s hco t ton s ho r t s t h a t went down to j u s t above my knee.

They had kind of t he t yp i c a l pocke ts - THE COURT: Do you have anyth ing e l se to t e s t i f y about

purpor ted f a c t s and the e lements of the of fense? Not youror - THE WITNESS: Yes s i r .

Urn urn he asked me to ge t o f f the b ike , I d id , and then ,he asked me t o t u rn around and face t he b r idge .

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At t h a t poin t I did, and put my hands on my head, and Iand he s t a r t ed pat t ing me down, and then he s t a r t ed running

hands along my wais t l ine , I assume to check for weapons.cut notches in my underwear, and I don t know i f I

THE COURT: You rea l ize , s i r , I al ready suppressedpar t of the o f f i c e r s tes t imony, and fu r the r granted your

in respect to the pat-down search. You unders tand tha t?MR. COUGHLIN: I 'm a little unclear . I f I wasn t up

t e s t i fy ing I d check my notes now.THE COURT: Well, I granted the motion to suppress as

anything tha t the of f i ce r discerned by the pat-down search.Now you re t e s t i fy ing as to the pat-down search, you

t ha t?MR. COUGHLIN: Um I 'm a little a f r a id r igh t now,

want to t e s t i fy , and I don t want to upset anybody.THE COURT: You're not upse t t ing me, but you re

waiving any argument you might have with respec t to thesearch, but t h a t s al ready been ru led on.MR. COUGHLIN: I 'm too a f r a id r igh t now to make any

with the i ssue of the ru l ing on itTHE COURT: Afraid of what?MR. COUGHLIN: Of being to ld I 'm not t e s t i fy ing , or

Court f inding I 'm not t e s t i fy ing .THE COURT: You can t e s t i f y , I 'm j u s t saying you re

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any argument you might have with r e s pec t to the pat -down

MR COUGHLIN: Okay. But t he r e might be t h i ngs I saynow t ha t I t h ink would probably be t an tamount t o l e g a l

and I unders t and Mr. Young's d i s p l ea s u r e with t h a t .THE COURT: Go ahead, s i r . I 'm s o r r y to i n t e r r u p t

t e s t i f y as to the f a c t s , go ahead.THE WITNESS: Yes, s i r .

Urn

THE COURT: You s a i d your hands were over your head,he was pa t t i ng you down.

THE WITNESS: Yes, s i r . And I had ga i ned a bunch o fI had an ups e t t i ng breakup t ha t involved a l o t o f f i nge r

in my fami ly, o r j u s t t h e r e ' s not a l o t o f f ami l yi nc i den t t o the breakup , and the breakup involved

THE COURT: You t e s t i f i e d to t h i s yes te rday , so move

THE WITNESS: But the r eason I 'm g e t t i n g back to t h i sI gained a l o t o f weight .

THE COURT: You t e s t i f i e d to t h a t yes te rday .THE WITNESS: The underwearTHE COURT: You t e s t i f i e d to t ha t as wel l .THE WITNESS: When he was search ing my wais tband h i s

were run a long , and I s a i d I 'm a lawyer and t seemed to

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him, and hi s hands I be l ieve s l ipped forward and touchedpr iva te pa r t .

THE COURT: You t e s t i f i e d to t h a t yes te rday a lso .THE WITNESS: And then I r e c a l l he withdrew it in a

way. So as though he was s t a r t l e d , and went forward,pr iva t e , and quickly withdrew it, urn and I might , if

a l l r igh t if I re f re sh my r eco l l ec t ion with the video ofi nc iden t to see

THE COURT: No it s not a l l r igh t . I v e given youof oppor tun i ty t o re f re sh your memory, to play the

to mark them a t the spot you wanted to play them, towith the c l e rk to do so you d i d n t do any of t ha t , so

you may not . Go ahead.THE WITNESS: I somewhat a t the t ime r e c a l l hear ing

waistband comment, urn it s a little d i f f i c u l t to separa tefrom my it s a little d i f f i c u l t to disce rn my

a t tha t t ime from what I subsequent ly di scovered ininves t iga t ions .

Urn a t t ha t t ime, r igh t a f t e r I sa id I was a lawyer, itto be of f -pu t t i ng to him. I d i d n t mean it to be

to him, and urn I r e c a l l th inking a t the t ime t h a tnot have been the smar tes t th ing to do. I wasn t

I reca l l t h ink ing I wasn t t ry ing he might perce iveas I was t r y i ng to say I m a lawyer, I deserve spe c i a l

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o r I m a l awyer you b e t t e r not watch you b e t t e rmess with me being a lawyer , and I r e c a l l th ink ing oh,

t h a t s not what I meant a t a l l . What I meant i s I m l i k eI make my l i v i n g in a law enforcement se t t i ng . We re he ld

a high s tandard , urn and we both have t o cons t an t l y be ono f doing t ha t which e xh ib i t s the h ighes t s t anda rds o f

and f i d e l i t y to the law.Urn because I m aware through a l o t o f independent re sea rch

exposure I v e had throughout my l i f e a l o t o f pr o f e s s i ona land s t u f f l i ke t ha t , and moral charac te r , moral t u r p i t ude

MR. YOUNG: Object ion, Your Honor.THE COURT: Sus ta ined . I v e a l ready t o l d yout h i s i s not a tri l about your mora l i ty , but whether

r not you v io l a t e d the law.THE WITNESS: Yes, s i r .THE COURT: S pe c i f i c a l l y , whether you a t t h i s po i n t

g u i l t y o f the offense as charged, and the e lements of t ha twhich I v e t o l d you many t imes what those elements are .

THE WITNESS: Yes, s i r .THE COURT: And one of them i s not mora l i ty .THE WITNESS: Yes, s i r .

And I had no i n t e n t a t any t ime t ha t n igh t to s t e a lfrom anybody, urn and, urn I d id not move to r e t r i e v e

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iPhone being he ld a lo f t upon t he still un i de n t i f i e d man'sit a l o f t , urn between the poin t when he held it a l o f t

the po in t where he sa id he was going to throw it in thedur ing tha t i n t e rva l of t ime I had no in ten t to go

phone spec i f i ca l ly , and I had, urn urn and Ino a c t ion to do t h a t .THE COURT: I 'm going to re l ieve Mr. Les l i e a t t h i s

MR LESLIE: Your Honor, ac tua l ly , i I may, thei s t h a t I can probably s t ay longer than I o r ig in a l l ybut I wonder i we took a f ive minute break, I know

has a case tha t he needs to t a l k to opposing counse lI can t a l k to the lawyers t h a t need me for t h e i rand we can come back and may be able to f in i sh t h i s

today.THE COURT: Tha t ' s f ine .MR LESLIE: I s tha t okay?THE COURT: We' l l take a f ive minute recess , i t h a t ' s

r igh t with Mr. Young.Mr. Young?

MR YOUNG: I 'm sorry , I wasn ' t l i s t e n in g .THE COURT: He had sugges ted tha t you had a case t h a t

needed poss ib ly to resolve , and i we took a f ive minuteyou might be able to do tha t , and then we can cont inue

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Les l i e wi l l probably be f ree .MR YOUNG: I d apprec ia te a f ive minute recess .THE COURT: We wi l l take it.

You can s t ep down.I wi l l allow you dur ing the recess to f ind the lone DVDyou mentioned tha t you made of the ar res t inc iden t .

MR COUGHLIN: Okay. And the grabbingTHE COURT: Whatever it was tha t was your DVD

with the a r r e s t beforeMR COUGHLIN: Tha t s how we se t it up.THE COURT: I don t know how it s se t up, but get it

to run and you can work with the c le rk to get it done.MR COUGHLIN: Yes, s i r .THE COURT: That would do it on her desktop, or up

I t may so you present the one or two disks t h a t youto the Court , but if it s not ready when we reconvene tha tbe the end of it.

MR COUGHLIN: Yes, s i r .(Recess taken. )

THE COURT: Before we do anything e l se , I to ld youwe re back on the record, r igh t?

THE CLERK: Yes, s i r .THE COURT: I to ld you e a r l i e r t h a t I would al low you

play the DVD of the a r re s t incident . And you ended up giving

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c l e rk f ive s ix CDs or DVDs one of those i s the same c a l lheard twice now, and I m not going to l i s t e n to it again .

So you need to des ignate r ight now, I ll give youseconds to do it, which i s the DVD You sa id you f i lmed or

the a r r e s t?MR COUGHLIN: Yes, s i r .THE COURT: And these are not t ha t .MR COUGHLIN: When you referenced the c a l l you heard,

you say tha t because it says 911 ca l l ? Because t h e r e s t h reeI know of .

THE COURT: I to ld you what I was wil l ing to play andit.

MR COUGHLIN: I m a little unclear .THE COURT: You re not playing any games, get back on

l e t s f in ish .MR COUGHLIN: Yes, s i r .THE COURT: I m going to give you today one ha l f hour

get your tes t imony done. And you re going to have about f iver igh t now, and then we re going to cont inue it t h i s

a t 2:30, because Mr. Young has a prel im, but heh e l l be done a t 2 :30, and you need to be here.

MR YOUNG: Your Honor, I m not ava i lab le a t 2:30.THE COURT: I unders tand. I m going to r e l i eve

Lesl ie , a f t e r t h i s morning, from any fu r ther r e sp o n s ib i l i t y

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th i s case, and any l i a b i l i t y as to what happens from t h i sforward.

MR LESLIE: As of now or as of r igh t now?THE COURT: As of r igh t now.MR LESLIE: Is the publ ic defender s of f i ce hereby

as s tandby counsel?THE COURT: Yes. And l e t me s t a t e th i s on the record.

do f ind tha t a good par t of the delay in t h i s case was causedMr. Coughlin up u n t i l t h i s poin t , with the except ion of the

from 10:30 to approximately 11:30 well , 10:07 to 11:30he was otherwise occupied by the hearing in Judge C l i ft o n s

All r igh t . So we wi l l proceed now, and you re f ree to go.MR LESLIE: Thank you, and I have no obl iga t ion to

fo r anyTHE COURT: No obl iga t ion , because we re going to

t h i s today.MR LESLIE: I j u s t wanted to c l a r i fy . W e l l c lose

f i l e , thank you.THE COURT: Okay. Go ahead where we l e f t off , s i r .MR COUGHLIN: Yes, s i r . Would t be possib le to

myTHE COURT: Well, you had indica ted you were p o l i t e

Off icer Duralde a t a l l t imes , I remember tha t , and you

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you had t e s t i f i e d about being pa t t ed down, and then Iasked you to address the ar res t , and

MR. COUGHLIN: Your Honor, I know I t e s t i f i e d , butthe ru le of exclus ion, are there any witnesses here?

THE COURT: There ' s no witness here tha t I 'm aware of .Would you iden t i fy yourse l f?

UNIDENTIFIED SPECTATOR: (Indecipherable) . Judgei s my mentor.

THE COURT: It s a publ ic hear ing, and she ' s appear ingto learn about cases .

THE WITNESS: Urn urn so Off icer Duralde I did notanything about any inappropr ia te touching. I might have

to t h i s a b i t al ready, but I j u s t wanted to make ittha t I did make a comment upon it. I t h ink Off i ce r

was my reco l lec t ion , I probably shou ldn ' t say it,say what I know, r igh t?My r eco l l ec t ion i s tha t I d idn ' t ye l l , but I d i d n ' t I

bel ieve I sa id don ' t touch me the re .I be l ieve what I sa id was you touched me and a term for a

pa r t in somewhat of a, you know, wow t h a t ' s unexpected,necessa r i ly welcome type tone.

And then I do reca l l I heard t h i s verbatim, I t h ink I thensay I would apprec ia te it i f you would not touch me, and I

a pre t ty benign term for a I probably should have used a

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c l i n i c a l term for pr iva te par t .Urn urn it was a comple te ly l e g i t ima te response . I t was

s t a r t l e d me, and s u rp r i s e d me, it was not done fo r anypurpose .

Urn it was j u s t something t ha t happened, because t hewais tband was cut t ha t way, in connec t ion with

I was a lawyer . It s not an i cebreaker to tellyou ' r e a lawyer , or tell somebody you ' r e a po l i c e

or law enforcement. In my opin ion it can put peop le ona little b i t , and sometimes make them j u s t not l i k e you, I

l o t s of t imes .Urn urn I r e c a l l I be l i eve it was Aust in Lichty say ingus the phone, f aggot , and but I c a n ' t say who s a i d it

I guess , if I c a n ' t hear t he voices and comparem with my urn computer and s tu f f , and I I 'm too a f r a id to

my computers and s t u f f in here r igh t now. Urn so I putin an o f f s i t e loca t ion , urn because I 'm a f ra id , and I can

t h i s l a t e r , s i r , I know I 'm not t e s t i f y in g , soTHE COURT: You can t e s t i f y as to what happened to t he

of your r e c o l l e c t i on , s i r .THE WITNESS: And I was j u s t saying if y o u ' l l al low

why I 'm worr ied about my computer , butTHE COURT: No, I t h ink it s i r r e l e v a n t .THE WITNESS: Okay. But urn urn I r e c a l l , urn some

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noise , radio t r a f f i c , or a ca l l I be l ieve it was,Goble 's voice saying, urn I th ink he sa id , but I 'm not

sure, I know he sa id something l i k e th i s , I j u s t c a n twhich s ide he sa id , but I th ink he sa id if it s not in

l e f t s ide pocket , or something l ike tha t , maybe he swi tchedto the o the r one, but he might have sa id if it s not in the

or vi sa versa , but I know he sa id something l i k e t ha t .I know I be l ieve what I would ca l l the pat-down I sa id ,

do you have a r ight to be searching my pockets r igh t now?Urn it was my unders tanding a t tha t point t h a t because

asked the of f i ce r s I be l ieve a t severa l points dur ing whatto me to be a s top, whether or not I was under a r r e s t a t

point , I be l ieve it was Off ice r Rosa and Duralde, butAlaksa may have made some statement in th i s regard too,

had seemed as a group they indica ted no, I was nota r re s t a t the point where I sa id do you have a r igh t to be

my poc ke t s r i g h t now, and ne a r t he t ime to whereGoble, I 'm f a i r l y ce r ta in it was his voice , I 'm ce r ta in

sa id it, it was not out there , but a person saying ifno t in t h e i r pocke t

THE COURT: You've sa id tha t , now t h i s i s the second

THE WITNESS: Okay.Urn urn s i r , I apologize if you've ru led on t h i s , but may

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au then t i ca te a reference on video?THE COURT: I v e a l ready ru led none of them are coming

I v e given you every oppor tuni ty . I gave you dur ing theto i den t i fy which ones you wanted spec i f i ca l ly .

The one I sa id you could still put in was the video of thea r r e s t and you s a id you made it, was s t i p u l a t e d by

you could do tha t . You ve yet to i den t i fy which onei s .

MR COUGHLIN: I was a b i t unclear on t ha t .THE COURT: It s very c l ea r .MR COUGHLIN: Okay, s i r , to the ex ten t you only sa id

I placed if you were only going to se lec t one I placedon t he top I made some i nd ica t ions to the Court of f i ce r s in

respec t .THE COURT: I m going to have to cont inue anyhow,

going to cont inue t h i s , as I sa id , you be back a t 2:15.Are you going to be covering t h i s af ternoon, o r somebody

THE CLERK: I ll be here .THE COURT: wi l l l e t you in a t 2:15 and you can play

whatever it i s , and i den t i fy the one t h a t you c la im i sDVD of the a r re s t .

MR COUGHLIN: Yes, s i r .THE COURT: And in addi t ion to t h a t I wi l l give you

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to t e s t i f y , and then we re done. And it wi l l beha l f houraround 2:30, but we don t even know t h a t fo r

so y o u l l have to be here a t 2:15, and ready towhat it i s you want. In fac t , maybe I should say 2:00.

I s the re any p o ss ib i l i t y we could be done a t 2:15?MR YOUNG: The pre l im s t a r t s a t 1:30, I d o n t know.

soon as I m done with the pre l im I ll be ava i l ab le tot h i s .

MR COUGHLIN: Sir , can I ask, s i rTHE COURT: Go ahead.MR COUGHLIN: And I I v e referenced to the

I be l ieve , the di spa tch between t he d i spa tch and thei s kind of quie t audio t ha t we t r i e d play ing here and

on the Court system. I t had the red City of Reno warningit. I be l ieve it s on my desk over the re now, tha t would be

i n to the record so it should be an exh ib i t i n ther t s

THE COURT: You al ready picked it up.MR COUGHLIN: Okay. And then the only othe r th ing

s i r , I be l ieve I did i nd i c a t e t h i s , and now I j u s t want tosure I m not doing anyth ing amiss, t ha t had a l o t of s t u f f

it, and, urn I be l i eve it was the same t h ing tha t I hadwhat I gave the Court and Mr. Young.

THE COURT: I m going to say t h i s one more t ime, s i r ,

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THE COURT: We are , and the case i s reca l l ed .Case Number RCR2011-063341, t i s Sta te versus Zachary

and I v e al ready indica ted on the record t ha t we didindica te t ha t Mr. Coughlin would have the oppor tuni ty

have a DVD ready to go a t 2:15, and then we would hear thea t 2:30.And t was now 2:37, I was here a t 2:15, Mr. Young was here

t 2:15.MR. COUGHLIN: I did not understand t ha t the CourtTHE COURT: I wasn ' t in tending for me to l i s t en to the

t was to have the oppor tuni ty for you to review the DVDdetermine t ha t t ha t was the one.

MR. COUGHLIN: I understood I gave the Court a numberf exh ib i t s e a r l i e r in the day, they l e f t my possess ion , they

in the CourtTHE COURT: Sir , a t 2:15 we were ava i lab le for you.

t i s now, l i ke I sa id , 2: 38.THE WITNESS: I was here a t 2:30.THE COURT: Okay. Well, I 'm not hold ing you in

for not being here a t 2:30, I 'm j u s t saying t ha t we aregoing to l i s t e n to a tape t ha t was not ready.

MR. COUGHLIN: The t ape was ready when I gave t toc le rk .

THE COURT: Okay. Which tape i s i t ?

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MR COUGHLIN: It s t h i s one on top of the s t ack , Your

THE COURT: And how long i s it, s i r ?MR COUGHLIN: Well the por t ion I would l i ke the

to hear i s only about 20 seconds long.THE COURT: I s t h i s the one the DVD t ha t Mr. Young

to be admit ted?MR COUGHLIN: I m not sure which one -THE COURT: He s t i pu l a t e d to admit the DVD which was

video of the a r r e s t i nc iden t .MR COUGHLIN: No t h i s i s a d i f f e r e n t one.THE COURT: Then t h a t s not the one we t a l ked about .

What i s t h i s one?MR COUGHLIN: This i s where Nicole Watson admits she

r d -THE COURT: Okay. T ha t s not admiss ib le , I v e a l ready

on t ha t , so we d o n t need to waste t ime on t h a t .The only one t ha t I s a i d you would be able to play was the

record ing t ha t you made on your ce l lphone of the a r r e s twhich Mr. Young s t i pu l a t e d t o .

The one with Ms. Watson was objec ted to and the Court ru ledt ha t , and it i s not admiss ib le .

MR COUGHLIN: I m so r ry , Your Honor. It s j u s t a- it s hearsay.

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THE COURT: You can use it as you choose.MR COUGHLIN: Can I play some videos?THE COURT: No. I sa id sub jec t to objec t ion by t he

a t to rney .MR COUGHLIN: Okay. Can I when he has a s t ack o f

and he goes t h i s , t h i s , t h i s , and we go each onecan we do tha t?

THE COURT: S i r , I have a l ready ru l ed fo r many reasonswe ' re not going to go through the audios and videos any

The pr imary one was you were not ready to go.I had given you many oppor tun i t i e s to que it up and have it

and I ' v e wastedMR COUGHLIN: I still have 20 minutes , r igh t , can

it to put on my case as I wish?THE COURT: You can put on your case as you wish

by the or l e ga l objec t ions byd i s t r i c t a t to rney .

MR COUGHLIN: I 'm so r ry , Your Honor, but if I wish toand I t h ink

THE COURT: I decide whether it s admi t ted , not you,

MR COUGHLIN: Or seek admission, s i r , o f a videot ha t n igh t of the a r r e s t pr i o r to the po l i ce a r r i v i ng .

THE COURT: I a l ready s a i d t ha t would have been

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MR COUGHLIN: And nowTHE COURT: As par t of your t ime, yes, I wi l l al low

to do it. You can approach the bench i f you have it.And, s i r , you have more than 20 minutes , you have 25,

24 now.MR COUGHLIN: Sta r t ing from now?THE COURT: Well, no yes, s t a r t ing from r igh t now.MR COUGHLIN: Okay.THE COURT: Because we s ta r t ed the clock a tMR COUGHLIN: 2:42.

Your Honor, I d l ike to move to admit in evidence a 911by Cory Goble.

THE COURT: We al ready heard tha t one.MR COUGHLIN: I don t bel ieve you heard t h i s one.

heard the one where the dispatch opera tor was t a lk ing toThis i s the one where she s t a lk ing to Ms

I be l ieve i s the name.THE COURT: All r igh t . W e l l l e t you play it j u s t so

no confusion it was not 2:42 when we s ta r t ed , it wasso your t ime i s running from 2:35, so a t f ive a f t e r 3:00

wi l l be done. All r igh t?MR COUGHLIN: Yes, s i r .

There s no objec t ion?

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MR YOUNG: I d o n t know what I need to hear theI have no idea what you re t a lk ing about .

MR COUGHLIN: You ve been provided t h i s c a l l .MR YOUNG: I v e been provided a l o t o f ca l l s .THE COURT: You do not d i rec t him, i f he wants to make

objec t ion , he can, and I ll ru le on it, but in the meantime,l e t him s t a r t .

Do you have i t ?THE CLERK: Yes, I have it, I j u s t want to make sure

t he o n -THE COURT: Okay.MR COUGHLIN: I ll play it.THE COURT: I f you have anymore, Mr. Coughl in , I would

you br ing them up now, because you re using up your

MR COUGHLIN: Yes, Your Honor.THE CLERK: Do you want me to s t a r t t h i s?MR COUGHLIN: The format mark i s what I d l i ke the

to hear, yes.MR YOUNG: Well, if he s playing a ca l l , the whole

should be played. He c a n t say I want two seconds of ato be played.

MR COUGHLIN: Do you have any suppor t for tha t?THE COURT: He has the r igh t to have the whole ca l l ,

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how long i s the ca l l ?MR. COUGHLIN: Oh, wait , okay. I f t h i s i s the ca l l ,

shor t enough, play the whole t h ing . I 'm sor ry , I 'm stillon the whole phi losophy.CD played) .

MR. COUGHLIN: Some noise l i ke t ha t , but t h a t ' s notYour Honor .

THE COURT: I d idn ' t qui t e ge t t ha t .MR. YOUNG: I ll address t ha t , Your Honor, I don ' t

the re levance , but for purposes of c l a r i t y I wi l l notto the admission of t ha t c a l l .

MR. COUGHLIN: Can I address the re levancy?THE COURT: He's not objec t ing .MR. COUGHLIN: Okay. I be l i eve t h i s i s it. I know we

the a r r e s t video, but I don ' t t h ink we've ever admit tedi n to evidence .

I f I may seek to admit t h i s now, I don ' t necessa r i ly itbe nice to know for sure t ha t t h a t ' s what t h i s i s .

THE COURT: It s your t ime, you use it.MR. COUGHLIN: Yes, s i r .THE COURT: But the problem i s I don ' t know how to

going to ask I 'm going to ask the c l e rk if it s thevideo.

MR. YOUNG: Your Honor, my concern i s t h i s : We're

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a whole we re admi t t i ng severa l disks t h a t a reby Mr. Coughlin. I d o n t know if t h e r e s more

than what h e s purpor t ing them to be j u s t so w e r eonly the p a r t if t he re a re o the r pa r t s

THE COURT: The only pa r t s t ha t are admi t ted i s whata c t ua l l y on the audio record ing of t h i s proceeding .

MR YOUNG: I unders tand , bu t t he r e might be t en o the ron t ha t d isk t ha t I m not aware of .

THE COURT: Okay. But what I m say ing i s the di ski s what i s admi t t ed i s l i m i t ed t o what was a c t ua l l yin cour t .

MR YOUNG: Thank you.THE CLERK: And I wrote down t he f i r s t c a l l , the 911

t ha t disk , t h a t s a l l we heard .MR YOUNG: Thank you. On t ha t l a s t disk?THE CLERK: T ha t s what we heard .MR YOUNG: I s it the f i r s t or second one?THE CLERK: As soon as I played it t h a t s the c a l l

went .MR COUGHLIN: Right , bu t he made two c a l l s . You

know whether it was t he one a t 11:22 or 11:30?THE CLERK: I m j u s t say ing it s the f i r s t c a l I o n the

THE COURT: You heard it, s i r .

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MR. COUGHLIN: I have the dispa tch log.THE COURT: I unders tand , s i r , but you re the one

prof fe r ing the evidence , so I can only go by what you r eto be admit ted.

We l l have to l i s t e n to the audio. Play it, j u s t s t a r t it.CD played)

MR. COUGHLIN: I ll j u s t move on, Your Honor, t h a t i sone you watched.

THE COURT: Wait a second, I want to hear a few moreto confirm what you re saying.MR. COUGHLIN: I hope you can see it too , i s it a

THE CLERK: It s a video.MR. COUGHLIN: I t i s , okay. And t h e r e s only video

it goes in the pocket for probably 20 seconds, and thendark.

THE COURT: Let me see it.(Videotape played)

MR. YOUNG: I m going to objec t to th i s . This i s notnigh t in ques t ion.

MR. COUGHLIN: Tha t s the a r re s t , the of f i ce r shows upa second.

THE COURT: Go a little fu r ther .(Audiotape played)

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THE COURT: That i s admit ted.MR COUGHLIN: Thank you.

I d l ike to move to admit the 911 ECOMM dispa tch logs fromre levan t per iods in ques t ion t h a t nigh t .

MR YOUNG: Can I see them f i r s t , please?MR COUGHLIN: Yes s i r .THE COURT: That one s admit ted so if you can - - j u s t

f i r s t video .Mr. Coughlin j u s t to be c l ea r , it s the f i r s t video on

4 tha t i s - THE CLERK: 9.THE COURT: Exhibi t 9 t h a t i s admit ted.MR COUGHLIN: Yes s i r .MR YOUNG: Your Honor again while I could objec t to

for purposes of c l a r i t y I wi l l not objec t to t h i sI would ask t h a t it be marked on but the two-page

from dispatch .They re not s t ap led , if we could s t ap l e them so we knowone document.

THE COURT: I th ink it s s t ap led toge the r .Since they are admit ted I wi l l review them.

MR COUGHLIN: Your Honor I d a l so l i k e to t e s t i f ytha t nigh t -

THE COURT: You need to come back up here if you r e

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to t e s t i fy .MR COUGHLIN: I 'm going to be running back and fo r th .

I br ing any mate r i a l s with me?THE COURT: I f t h e r e s no objec t ion , he can s i t a t

t ab l e .MR YOUNG: He had hi s papers up there with him the

t ime.DIRECT EXAMINATION CONTINUED)

THE WITNESS: Your Honor, t ha t night Off ice r Duralde,t h i s i s i nd ica ted on the video, he sa i d he was going to

pockets one way or another , something l ike t ha t , buton Off ice r Rosa, I th ink , asked me my name, I gave them my

and bar number, and I be l ieve I demonstratedTHE COURT: Wait. I don t want him to have thet ha t are admit ted, but he needsTHE WITNESS: I d i d n t f a i l to fo l low any othe r

or anything l ike tha t , t h e r e s no command or d i rec t ionsf a i l ed to fol low, I d i d n t d i s t r i b u t e any l ack o f coopera t ion

noncompliance with any demands.However, Off ice r Rosa i nd ica ted d i sp leasure or something

me, and i nd ica ted if I d i d n t do something, I c a n t r e c a l lnow, t h a t he was going to ca l l the Nevada bar and t ll 'em

you cooperated with our i nves t iga t ion , how's tha t running

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I

you , was t he quote .Urn t h a t desp i te O f f i ce r Duralde, from what I remember,

he d i d n ' t remember hear ing anyth ing l i k e t h a t , t h a tt ha t became a ca tchphrase , because sho r t l y a t the po i n t

Of f i ce r Duralde decided to make an a r r e s t , he goes , nowsearch you i nc i den t t o a r r e s t .

Urn I t h i nk he s a id now you ' r e under a r r e s t , now I canyou inc iden t to a r r e s t , how's t h a t , us ing t he same kind

t h a t Office Rosa s a id how's t h a t running fo rc a l l i n g the bar .

MR. YOUNG: Objec t ion , a rgumenta t ive .THE COURT: That i s .THE WITNESS: I 'm t e s t i f y i n g now.THE COURT: You can t e s t i f y now, but you c a n ' t argue .MR. YOUNG: I ll to ob j ec t to the l a s t p a r t when he

say ing what t ha t sugges ts .MR. COUGHLIN: I apolog ize , Mr. Young, I unders tand

you f e e lTHE COURT: It s more than how he f e e l s , it s t he law.

ob j ec t i on i s sus t a ined .MR. COUGHLIN: Yes, s i r , I apolog ize , Your Honor, I 'm

not to do t ha t .THE WITNESS: I would l i ke to t e s t i f y t h a t , urn I was

discovery i n i t i a l l y , I be l i eve soon enough to where it was

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urn or as fa r as I know but then a t some poin tMR. YOUNG: Objec t ion , Your Honor. One i s not h e s

t e s t i f y in g when h e s t a l k i ng about discovery , two

MR. COUGHLIN: I m t e s t i f y in g about when I got t h i sna r r a t i ve t h r e e months a f t e r the a r r e s t a l l of a sudden.

MR. YOUNG: It s not t es t imony, objec t ion .MR. COUGHLIN: And then I ll speak to t he new

THE COURT: Why don t you f i r s t , j u s t to exped i teshow it to Mr. Young and see if t h e r e s an objec t ion to

you r e t ry ing to admit .MR. COUGHLIN: Yes s i r . Urn it i s r igh t here .THE COURT: And j u s t so w e r e c l e a r on t h i s , i d e n t i f y

him exac t ly what it i s , not to the Court but to Mr. Youngit i s t h a t you r e

MR. COUGHLIN: It s the pol ice repor t t h a t you guysday one.

MR. YOUNG: No it i s n t . I got a supplementa l dec towas o r i g i n a l l y provided .

MR. COUGHLIN: T ha t s your argument but a l l I knowI got it, it was t h r e e months a f t e r t he a r r e s t .

MR. YOUNG: Okay.MR. COUGHLIN: And it seemed to co inc ide to the

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video.THE COURT: You re not going to show - MR YOUNG: I f h e s moving to admit the po l i ce r epo r t ,

would obj e c t .MR COUGHLIN: I m moving to admit a n a r r a t i v e by

Duralde .MR YOUNG: Which i s t he po l i ce r epo r t , I ob j ec t .THE COURT: Al l r i gh t . You can have it marked. As Iprev ious ly , I m going to s u s t a i n the o b j e c t i o n to

MR COUGHLIN: The p o l i c e r e p o r t t h a t encompasses - - Iknow if t h a t s a coun t e r ( i ndec i phe rab l e ) - - t h a t s no t

po l i ce r epo r t , can I move to have Mr. Young t aken i n tofo r a l a ck o f candor to the t r i b u n a l now?

MR YOUNG: Your Honor what he showed me was not thepo l i ce r epo r t , but t he na r ra t i ve o f O ff i c e r D u r a l d e s

THE COURT: I unders tand , the o b j e c t i o n i s sus ta ined ,you have made your record , it i s of fe red .

MR COUGHLIN: Not to t h i s , Your Honor. This i s notwas provided to me as the po l ice r epo r t i n i t i a l l y .This was provided as some so r t of supplementa l or someth ing

months l a t e r , and I th ink it goes to motive or some s o r tf -

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MR YOUNG: Objec t ion .MR COUGHLIN: Because I fee l - THE COURT: Motive i s your motive fo r tak ing the phone

not - MR COUGHLIN: I m sor ry if I don t unders tand an

of proof . I m t ry ing to say why I th ink t h i s i s re l evan t ,I th ink

THE COURT: I wil l l e t you say it, you re down to t en

MR COUGHLIN: Okay. I th ink it s re l evan t because Iperhaps the Reno Pol ice Department o f f i c e r s d i d n t knowwas a recording, and it s poss ib le , I don t know, I d o n tit s poss ib le once they found out they decided to - - Iknow when t h i s was produced. Mr. Young s ab le to provide

it has a pr i n t e d date , and I know I rece ived itt h ree months a f t e r the a r re s t , and t h a t s a l l I know.

And it conta ins mate r i a l s about the inappropr ia te touchinga l l t h i s s t u f f , t h a t I do not be l ieve ind ica tes - - I went

t h i s in d e ta i l , r ea l ly spec i f i c d e t a i l in my b r i e f , but Inot be l ieve t h a t it was i nd ica ted in the i n i t i a l of fe r ing by

department .So to me it impl ies , oh, we ve seen the video now, oh,t h a t s out t he re , we should probably put t h a t in the

supplemental dec la ra t ion , but we d i d n t , so now w e l l

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t h i s na r r a t i ve .THE COURT: Except s i r , your argument s ince the

was never admiss ib l e to begin wi th , the f a c t t h a tare supplementing it i s nonadmiss ib le as wel l , and it

have come to the C ou r t s a t t e n t i o n , so yourt h a t somehow t h e y r e t r y i n g to change the reco rd o f

which has never come to the a t t e n t i o n of the Cour t ,make much sense .

MR COUGHLIN: Yes j u s t saw the po l i ce r e po r t beingI j u s t want to submit t ha t I do be l i eve t he re i s a

to admit a t l e a s t pa r t s o f the po l i ce r e po r t s .MR YOUNG: Your Honor fo r the record , t h i s i s what

Coughl in i s t r y ing to admit i s the o r i g i n a l , it s not ait s the or i g i na l po l i ce r e po r t .

THE COURT: Well in any event , the ob j ec t i on i sI t h i nk you made a record , bu t if you want to

to make a record , t h a t s f i ne , you have seven minu tesIt s your t ime.

MR COUGHLIN: I was t r y ing to ge t a founda t ion whatwas say ing r i gh t now to the ex ten t t h a t snever mind.

I d l i k e to move to admit what I be l i eve was i n i t i a l l yto me in the ma te r i a l s deemed the po l i ce r e po r t , or the

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THE COURT: Show it to Mr. Young.MR YOUNG: I wil l objec t , Your Honor, t h i s i s the

of probable cause. It s e f f e c t i v e ly a repor t .THE COURT: Okay. We wi l l have it marked, and t h i s i s

PC sheet?MR YOUNG: Correct , which i s inadmiss ib le in a t r i a l .MR COUGHLIN: I don ' t know PC sheet?THE COURT: I 'm going to uphold the objec t ion a t t h i s

MR COUGHLIN: You're going to what?THE COURT: I am going t o sus ta in the objec t ion .THE CLERK: Is it admit ted?THE COURT: No, it s denied.MR COUGHLIN: May I provide an except ion? Is it pa s t

poin t t h a t I can do tha t?THE COURT: ou can make it for the record, but to the

t h a t it i s a PC sheet , or a pol i ce repor t , it i s not

MR COUGHLIN: I t does not say PC shee t on it, itdec la ra t ion supplement , and fu r ther , the pol i ce repor t

to be in somewhere, it doesn ' t inc lude every th ing in theI don ' t th ink , so

THE COURT: It s still a hearsay document.MR COUGHLIN: Business record except ion.

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THE COURT: No.MR. COUGHLIN: Author i ta t ive I don ' t th ink t ha tTHE COURT: I have ru led on it.MR. COUGHLIN: Yes s i r .

Um um I would l ike to move to admit in to the record YourI'll show it to Mr. Young f i r s t , but the witness

o f Cory Goble and Nathan Zarate as f i l l e d out t ha t

THE COURT: Well again s i r , you did have themthey were ava i l ab le under oath you could have

them with t h e i r s ta tement the extent t ha t they wereyou would have been able to

MR. COUGHLIN: Some people I guessTHE COURT: have them read from it, or you read

it.THE CLERK: Do you want these marked i nd iv idua l ly?MR. COUGHLIN: Individual ly , p lease .MR. YOUNG: And I would objec t .THE COURT: The objec t ion i s susta ined.

As I i nd ica ted ea r l i e r , both witnesses were here andunder oath and could have been confronted under

as to t h e i r pr io r s ta tements to the extentwere incons i s ten t , s i r , I don ' t even know they were

but they ' r e not admiss ible .

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MR. COUGHLIN: I s pe l l e d out , I comple te ly workedhard spe l l i ng out in my b r i e f why they are

and if you r e going to say t h a t i sTHE COURT: What I m t r y ing to say i s your b r i e f i s

t he trialMR. COUGHLIN: I unders tand . Mr. Young was provided

onTHE COURT: I unders tand a l l t h a t , s i r , bu t you had

to confron t t he witnesses whi le they were he recour t under oath .

MR. COUGHLIN: I would I m t r y i ng not to argue , o rargument but t h a t a l so would have helped them make su rethey s a id was c ons i s t e n t with t h e i r po l i c e repor t , and

to l e t them say what they t h i nk now and then l e t t hebe r e f l e c t i v e of the mass disc repanc ies .

THE COURT: T ha t s one of the problems withs i r .

MR. COUGHLIN: I m sor ry , Your Honor?THE COURT: I s a id t h a t s one o f t he problems with

MR. COUGHLIN: Urn j u s t to conf i rm Your Honor t hewe have admi t ted what E-com provided me

THE COURT: That has been admit ted . The po l i c et he PC shee t , the p r i o r s ta temen ts o f witnes se s have

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been admi t ted .MR. COUGHLIN: Yes s i r .

Urn I m so r ry , some of t h i s i s kind o f f ine po in t s , andd i f f i c u l t to remember if you ve ru led on it, but I wouldto t e s t i f y t h a t I saw Nathan Zara te a t tempt to shush o rup Nicole Watson

THE COURT: I t h i nk you ve t r i e d to do t ha t , bu t I llyou to t r y to t e s t i f y again , sit down and t e s t i f y , to theit s ob jec ted to , I wi l l r u l e on t h a t ob j ec t i on .

THE WITNESS: And I was I guess you might c a l l ityouths a f t e r being r e l ea s ed from jail. I

the youths d id any of you see t h i s un ide n t i f i e d man whome it appeared I d o n t know if I pe r s ona l l y saw him p ickanyth ing I d o n t know if I saw him exac t l y where he was

I might have but I d o n t have camera s u rve i l l a nc e , Ihave a rock so l i d r e c o l l e c t i o n o f t h a t .

But I c a n t say I d i d n t e i t h e r , I kinda have a dim amemory o f it. But he was nowhere near a l edge as

in t h i s photograph. He was nowhere nea r t h i s i st h i s i s Cal-Neva he was nowhere near t h i s nor the rn

hereThis man was r i gh t about not smack dab in t he middle o f

park , but c lo s e r to t h i s i c e ska t ing hut r i nk t h i ng on t hes ide , but not even t h a t c lose to t h a t . He was about

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would be on l i k e the 20-yard l i n e if t h i s was a foo t ba l l

I t h i nk I might have seen him p ick something up t he re , butthe ex t en t I d id n ' t , I remember or I t r y not to make

but I don ' t be l i eve he picked something up way over byl edge , and then walked a l l the way out to the 20-yard l i n e

e a s t e r l y s ide of the ska te plaza , and then asked loudly ,t h i s anybody 's I remember a t the t ime t h a t ' s argument ,

mind.Urn urn I r e c a l l t e l l i n g O f f i ce r Duralde t h a t I had f e l t

be l i eve I t o ld him I c a l l e d 911, and urn if I may move tot h a t i n t o evidence, s i r , my 911 c a l l .

THE COURT: Any ob jec t ion?MR. YOUNG: Didn ' t weTHE CLERK: What e xh ib i t i s i t ?MR. COUGHLIN: This i s Exh ib i t 11.THE COURT: We never ru l ed on t h i s .MR. YOUNG: I ll have to l i s t e n to it aga in .THE COURT: This i s the l a s t t h ing , because your t ime

up, we ' l l l i s t e n to it.THE WITNESS: As fa r as t es t imony, I looked up and

any buzz ing t h a t nigh t , o r anyth ing o f t h a t so r t .I have, urn researched and v e r i f i e d t h a t iPhone G3s can befo r an ap t ha t might be involved ge t t i ng an ap fo r it, but

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be se t the sc reen l i g h t s up to i nd i c a t e an incoming c a l l orand noth ing happens. So you can se t it so t h a t s t he

i nd i c a t o r o f a c a l l , and so t h a t it might be on s i l e n t butnot on v i b ra t e , urn but I d i d n t hear any v i b ra t i ng from

t h a t nigh t .And can I I c a n t argue ye t?

THE COURT: No, you r e going to be ab le to argue in aof minutes .

But you r e going to have to sit down because you r e doneyour te s t imony, and we re going to l i s t e n to t he

THE WITNESS: Yes, s i r , thank you.Audiotape played . )

MR YOUNG: No objec t ion .THE COURT: T ha t s admit ted i n t o evidence , so w e r e

MR YOUNG: I m not objec t ing to t h a t p a r t i c u l a r ca l l .THE COURT: That c a l l i s admit ted .

You wi l l need to come back up here , s i r , fo r

MR COUGHLIN: Yes, s i r .MR YOUNG: May I proceed?THE COURT: Oh, yes , sor ry .

CROSS-EXAMINATION

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MR. YOUNG:Q Si r , you s a id many t imes on your d i r e c t examinat ion if

had a phone do you r e c a l l r epea t ing t h a t l i n e severa l

A I v e got t en so littl s l eep l a t e l y t ha tQ Fai r enough. Did you have a phone on your possess ion

August 20th 2011 in the l a t e hours down a t t he ska te r i nkwas not yours?

MR. COUGHLIN: I be l ieve t h a t exceeds ob je c t ion ,t h a t exceeds the scope of t he d i r e c t tes t imony, and

immunity.THE COURT: You d o n t have any immunity s i r .MR. COUGHLIN: Not immunity but it exceeds t he scope

THE COURT: Okay. I m going to over ru le the

THE WITNESS: Can you ask t he ques t ion again?MR. YOUNG:Q Sure .

August 20th 2011 you agree t ha t t ha t i s the nigh ta l l of t h i s happened cor rec t?A Yes.Q You being, in your t es t imony, accos ted by j uve n i l e s or

r igh t?

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A Yes.Q Okay. During t ha t inc iden t , d id you have on your

a ce l lphone t h a t was not yours?A I m not sure .

Q Good enough.MR YOUNG: Could I see Exh ib i t s A and B, p l ea s e .THE WITNESS: I s n t t ha t

MR YOUNG:Q T her e s no ques t ion before you, s i r .

MR COUGHLIN: Well , I m going to ob jec t .THE COURT: You have the r i gh t to ob j ec t once you ve

them.MR YOUNG:

Q I m showing you, s i r , what has been admi t ted asA and B.

MR COUGHLIN: Objec t ion , t h i s i s a po l i c e re po r t .THE COURT: It s not a pol ice re po r t .THE WITNESS: I t was provided with the po l i c e r e po r t

me.THE COURT: It was a l s o admi t ted in evidence dur ing

trial based on t es t imony of the witness t ha t owned t he

So anyhow, your objec t ion i s ove r ru led .MR YOUNG:

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Q S i r do you recognize A B to be photos o f t he

A The photos from the po l i ce r epo r t ?Q Do you recognize those to be photos of a c e l l u l a r

A UmQ Do you know what a ce l lphone looks l i ke ?A I t looks more l i k e a Smart Phone to me.Q Are those p i c t u r e s of some Smart Phone or c e l l u l a r

device? Yes or no?A I would - - t appears as though they a re .Q Okay. Grea t . Your t es t imony t h a t t h a t phone was

from your pocket on t he n igh t o f August 20th do yout h a t t es t imony?

MR COUGHLIN: Objec t ion re levancy .THE COURT: Overru led .

MR YOUNG:Q Do you r e c a l l t h a t t es t imony?A Can you r epea t the ques t ion?Q No. You heard the ques t ion .A I

THE COURT: I wi l l ask you to r epea t the ques t ion .MR YOUNG:

Q You heard t es t imony t h a t t h a t phone was recovered from

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s ho r t s pocke t , do you r e c a l l t h a t tes t imony?A By who?Q By Off i c e r Duralde .

No.

Q You d o n t r e c a l l Off ice r Duralde t e s t i f y i n g t h a t t h a twas removed from your pocket?

A He t e s t i f i e d for hours .Q Si r , you r e under oa th , and I m a sk ing you a s imple

o r no ques t ion . Do you r e c a l l , yes o r no Off i c e r Duraldet ha t t ha t phone was removed from your s ho r t s pocket?

A I r e c a l l him s p e c i f i c a l l y t h i s exac t phone? Urn myi s not t h a t sharp on tha t .

Q Okay. So l e t me go back to my i n i t i a l ques t ion whichr e fused to answer .

MR. COUGHLIN: Objec t ion , miss ta tes t he te s t imony.MR. YOUNG: I haven t even asked t he ques t ion ye t .MR. COUGHLIN: You sa id I re fused to answer I d o n t

I re fused to answer anyth ing today .MS YOUNG:

Q On August 20 2011 t ~ nigh t where you were a t t hepark in downtown Reno cor rec t?

A Yes August 20th, 2011.Q I asked you if you had any ce l lphones or Smart Phones

whatever you want to c a l l it on your person othe r than your

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Did you?A To he lp me unders tand , you s a id I re fused to answerI s a id I wasn ' t sure?Q Mr. Coughl in , we can do t h i s one way or t he o the r .

Wil l you answer my ques t ions , s ince I 'm now ask ing you

A I 'm t r y ing to unders tand what your ques t ion - Q What don ' t you unders tand about my ques t ion , s i r ?A You were pre fac ing your ques t ion by say ing you had

prev ious ly and I re fused , and I 'm say ing I d i d n ' t r e f us eand I t h i nk I know what you mean now when I s a i d I

sure , which goes to a l o t o f t h ings - - when I s a i d I-

THE COURT: Si r , answer the ques t ion now. Thei s not whether you re fused t he ques t ion -

MR YOUNG:Q Did you have, on the n igh t o f August 20th , 2011, have

your posses s ion a ce l lphone or a Smart Phone t h a t was not

MR COUGHLIN: Objec t ion , asked and answered.THE COURT: You never answered it.THE WITNESS: I did , I s a id I 'm not sure .THE COURT: So t h a t ' s your answer now, t h a t ' s f i ne .

MR YOUNG:

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Q So you don ' t know if you had somebody e l s e ' s

MR. COUGHLIN: Objec t ion , c a l l s fo r a l e ga l

THE COURT: Overruled.THE WITNESS: I th ink it s the same answer I 'm not

I don ' t th ink I d i d n ' t th ink I was s t e a l i n g Ith ink I was doing anyth ing t h a t was tan tamount to

I d i d n ' t have any fe lon ious i n t e n t .MR. YOUNG:

Q I ge t your pos i t ion , I 'm not ask ing you t h a t .Let me ask you t h i s : Upon your contac t with Off i c e r

d id he remove a ce l lphone from your pocket?A Are youQ Yes or no s i r ? Did Off ice r Duralde remove a

from your s ho r t s pocket dur ing t h i s n igh t?A P r io r t o t he po in t of a r r e s t ?Q You don ' t ge t to ask ques t ions , s i r , answer mine

A Okay. Yes s i r . Um, I 'm not sure .Q You don ' t know if Off ice r Duralde removed a ce

11 20 12 0204 063341 cr12-2025 transcript by rjc cathy w, ie cathy woods no numbers

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