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Dalia Dippolito Hearing Dalia Takes the Stand Part 2 02/23/16 — Transcript

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0:28thank
0:39say
0:58yes
1:14thank
1:15[Music]
1:21[Music]
1:24you yeah good action
1:28Bri
1:58yeah
2:28know
2:45I
2:58here
3:08[Music]
3:18almost thing
3:28work
3:32and remember briefly Greg Rosen
3:34defendent making an appearance yes
3:41sure retake the stand
3:53please before we begin I'd like to make
3:55an objection on the record to what Mr
3:57Williams is going to do uh just for to
4:00reserve the record uh can object any uh
4:03attempt by Mr Williams to play videotape
4:06of uh Mr with either Mr shiti or witty
4:11Jean uh on the grounds the pursu to
4:14Florida Supreme Court case State versus
4:16Williams 623 Southern second
4:19462 and State versus glosson
4:22G SSO and 462 Southern second 1082
4:27citing United States versus Russell
4:31uh 411 us
4:33423 all those cases stand for the
4:36proposition that that uh when law
4:38enforcement has engaged in egregious
4:40miscon conduct amounting to a due
4:43process violation the defendant's
4:45predisposition to commit the alleged
4:47offense is irrelevant no matter how
4:50heinous the offense is so I made this
4:53object objection at the the reason I
4:54wrote it before I I agree with that
4:56general statement of law I don't think
4:57that's the purpose for which it's being
4:59offered I'm assuming although I don't
5:01know we're going to offer statements
5:03that were made um to Mr shahadi or to Mr
5:08je yes um that for purposes of
5:11impeachment I would assume and not for
5:13purposes of establishing predisposition
5:15I agree with your general proposition um
5:18but I don't think that that would
5:19prevent um Mr from playing the tap here
5:23court for purposes of this heing so to
5:25the extent that's your objection
5:27over all right Mr W ready to proceed yes
5:30thano so where did you get your acting
5:33lessons I had done some acting um for a
5:38talent company
5:41who
5:42um somewhere in Fort Lauderdale what's
5:45the name of them Avenue Productions
5:47Avenue production and when was that that
5:49was
5:52um I don't know a little after high
5:54school I'm sorry a little after high
5:57school little after high school all
5:59right how old are you now 33 and
6:04what was high school a few years I know
6:07what year um sometime after 2001 2002
6:13okay after or around then around
6:19none and uh you and Mr shahadi had a lot
6:23of phone
6:24conversations um a lot of a lot of
6:27personal conversations talking about
6:29this plan to set up this um
6:35project yes is that yes okay so where
6:38are your notes of all these meetings and
6:40what you guys are going to do in your
6:41scripts where is all the
6:43stuff that was at our
6:46house okay where at your house in the
6:50office where in the office it was on the
6:54computer and in the office okay so you
6:57can still get that right no I actually
7:00can't go back to that property okay did
7:02the police seize that computer no they
7:03didn't they didn't no no they didn't it
7:06was Mike was actually leading that
7:08investigation and no they didn't take
7:11anything that was relevant all right was
7:13was your ex-husband involved in this yes
7:16so he he met with you and Mr shahad and
7:19you guys had all these conversations the
7:21three of you
7:23together yes and uh anybody else
7:27involved yes who
7:30um he's he's no longer here who is it it
7:33was um Mike's computer attack what's his
7:36name Dave Dave what Dave husk husk H
7:42yes and where is Dave
7:45husk before my trial he was actually
7:48supposed to come forward and they found
7:49him hanging from a tree with um a
7:52suicide note
7:54okay and what did Mr husk do to help
7:57with this
7:58production he was supposed to be helping
8:00with the filming and he helped with the
8:03writing okay so you guys had stuff
8:05written right yes and you had notes yes
8:09and you had
8:11videos what do you mean videos well
8:14obviously you're doing this to put
8:16videos together it's a production right
8:19so you're recording off we researched we
8:21we researched oh you just researched so
8:23nobody actually did in
8:25film there was some yes there was some
8:27filming who did the film Dave and
8:30Muhammad and tell the judge what they
8:32saw Muhammad rehearsing and acting where
8:37at our house and outside yes
8:42okay all right so he had been to your
8:44house many times then before you had
8:46conversations with him regarding this
8:49case a few times yes few times so he
8:52would know exactly where you live yes so
8:54you wouldn't have to point out for him
8:55where you lived I wouldn't think so I I
8:58don't know I can't speak from did you
9:00watch any of these tapes of you did you
9:02watch any of these between you and wiy
9:04Jean and you and
9:06Muhammad did you watch them they were
9:08played at the trial so you watched them
9:11yes at the trial youve seen them on your
9:12own too you watched them before trial
9:14didn't you yes and you don't remember
9:17telling him where your house
9:18was telling Muhammad where my house was
9:21you don't remember no all right well
9:23more play it for you
9:28okay
9:33did you keep track of stuff on your
9:36telephone I don't think so now you guys
9:38would clearly have text messages between
9:40each other talking about getting
9:42together to do this stuff to work on the
9:44project right there were a lot of phone
9:46calls it was more phone calls than
9:49anything and are you just phone calls so
9:52but what about text you you don't text
9:53cuz you sent a lot of text I know that
9:56there were a lot of phone calls but
9:58there's not one text is there with you
10:01texting anybody talking about any kind
10:03of a project involv acting acting is
10:06there I'm not sure I mean we were
10:08talking so much on the phone it was
10:09easier to talk than it was to text
10:11through on your your text records to
10:13show everybody look here we look at the
10:16text messages we were communicating
10:17about this you didn't do that
10:20no why wouldn't you do that if it
10:24happened because there were so many
10:25phone
10:27calls okay um
10:36so tell tell us you're you're aware that
10:41when you talk to Mr Shah you're being
10:43recorded by the
10:45police you're aware of that no you have
10:49no idea the police are recording you
10:50guys
10:53no so none of this stuff none of these
10:56tapes you knew anything about being
10:58recorded
10:59no okay you didn't know anything about
11:01Woody jeene being recorded no you didn't
11:03know anything about Muhammad shahad
11:05being
11:06recorded no there there was one but I
11:09thought it was Muhammad taping it I I
11:11didn't know the police were taping
11:12anything gotcha
11:20so how was all the stuff that that got
11:26recorded how to fit
11:28in
11:30I don't know I don't not understanding
11:32your question all right well what was
11:34your script what were we supposed to do
11:35tell us what we were supposed to do and
11:36how this fit into your point Muhammad
11:39was on an episode of Burn Notice and we
11:41were trying to simulate the episode that
11:43he was on and what was the episode it
11:45was a um murder For Hire episode okay
11:49tell and tell us about
11:50it it was somebody who had faked
11:55um the the their murder for hire and it
11:58wasn't it it was an actor who had faked
12:01it and he was on the episode and he gave
12:04us the idea on how to do it he gave us
12:06the idea on how to do it okay so and
12:08your husband's in on your ex-husband's
12:10in on this all along yes okay um when
12:15you got arrested did everything
12:19change yes everything changed I'm I'm
12:22being accused something that I didn't do
12:25absolutely that wasn't part of the
12:26scheme right for you to be arrested no
12:28absolutely
12:34okay I just want to play a few
12:58things
12:59[Music]
13:18[Music]
13:22trying to say and
13:26[Music]
13:28op
13:31[Music]
13:33do you remember
13:34[Music]
13:35this this video of you guys occurring on
13:39August 1st of
13:422009 are you are you showing the video
13:44yeah
13:57oh huh
13:59this one was at the mobile is that the
14:02Mobile gas station I love you too yes
14:04that's the one that Muhammad was
14:05supposed to be recording okay and where
14:08was the recorder I don't know he just
14:10said he was going to be taping it he
14:11told her he was going to be taping it
14:13right okay and what was your role today
14:14what were you supposed to do at it's not
14:17about the fuck supposed to do what I did
14:20in the video it was sorry it was
14:22supposed to do what I did in the video
14:24you want me to go through the whole
14:25video okay so this is supposed to be
14:27something you guys are going to put
14:28online so you can get on social media
14:32yes right to see if we could get so we
14:35could try to get an acting job from it
14:39so this was organized crime prob turning
14:42all these fcking people I'm saying to
14:44you
14:46know all a this guy
14:52know
14:55[Music]
14:56he like you know you don't contact him
15:00he don't contact you he might tell you
15:02it's like to get out of town or
15:04something day you know that I never go
15:07out of town
15:09I'll I'll go to or I'll go
15:13somewhere
15:15somewhere yeah I'll go get my hair done
15:17or something or so was the person who
15:20was acting as the Hitman one of the
15:24actors what do you mean the person who
15:27was acting as a hitman wasn't that one
15:29of the
15:31actors no it was someone Muhammad told
15:33me to
15:34meet but how was he fit into your acting
15:38plan Muhammad told me that I needed to
15:40go meet him okay and and that's that was
15:44when we were at Chile and that's where I
15:45didn't want to go meet him and Muhammad
15:47forced me to go over you don't hear you
15:50guys talking about it here on August 1st
15:52right but that wasn't at the at Chili's
15:54I understand that this is 2 days before
15:56Chili's right you're already talking
15:58about it right right you remember on
16:00this video that you gave Muhammad
16:02$1,200 in cash OB your honor it's
16:05completely irrelevant uh based on uh
16:08State versus Williams State versus
16:11glosson citing US versus Russell this is
16:13an impeachment this is all to show what
16:16her pre subjective predisposition was
16:19and it's it's not at issue in this in
16:21this motion to
16:22dismiss you remember you gave Muhammad
16:25$1,200 in
16:27cash for Muhammad for Muhammad right
16:31okay and what did Muhammad tell you it
16:33was
16:36for it wasn't for that though what was
16:38it for it was for for collaborating on
16:43this project with us I mean it's it's
16:45his time
16:46and what did you tell him what did he
16:48tell you it was for on the
16:53video we'd have to go back and look at
16:55the video to see what I said he didn't
16:57tell you was before the Hitman buy
17:00done we said a lot of things on the
17:03video all right let's play
17:07okay I'll be somewhere but I need to go
17:09out of town I never go anywhere right
17:11away I be like oh what a coincidence
17:13never fucking go anywhere the day you
17:15believe this sh happen will you give me
17:17the address and a picture of him or I
17:20have a picture of him right
17:24now why would we need to give Mr Shah a
17:26picture of Mike Dilo if he knows who
17:29Mike D was and he's working with him
17:31because we were he was taping this and
17:33so we needed to capture it for the tape
17:36okay then how come you can't see any of
17:38it I I wasn't the one taping it I don't
17:41know so you you didn't get together with
17:43him and talk about where's the camera
17:44how where am I supposed to look how am I
17:47going to get publicity out of this he
17:49was the one who was in charge of doing
17:51it he just followed along blankly
17:55yeah you're right here right behind you
17:59not you the other
18:01one is that not you telling Mr shahade
18:04for the first time where you actually
18:06live on August 1st of 2009 it was being
18:10taped so there was a lot of things that
18:11we had to say for whoever would be
18:13watching
18:14it if you follow me home I'm right here
18:17I'm right down the corner if you
18:21want with right yeah but he just had
18:25surgery done so he hasn't been going to
18:26the fucking gym Okay so
18:31heing he walks the
18:33dogs so all that stuff's real about your
18:36husband walking the dog every morning at
18:38certain times that's true right yes and
18:41and it's true about your husband getting
18:43surgery and not being able to go to the
18:44gym and work out right how did that fit
18:46into the acting plan it's easier to
18:48remember when you put the truth in there
18:51that's how it was written okay that was
18:54written so where's your copy I don't
18:57have my copy because I was arrested and
18:59I wasn't allowed to go back to my house
19:01and when I did all my stuff was already
19:03packed in garbage bags and and the
19:05police was there was this your first
19:07time uh portraying this
19:11role so this this particular part of the
19:14the acting was this your first time
19:16actually doing this or had you reversed
19:17this prior to this thing not like that
19:20to that extent no all right so you had a
19:22script right yes where where was your
19:25script this
19:26day what do you mean where was it it it
19:29was it wasn't there we looked at the
19:30script but I mean we didn't take it with
19:32us like he goes and you know what I mean
19:34like walks the dogs or whatever but like
19:36when doing this because this other shit
19:38that you fucking said before I gave all
19:39this fucking money and you gave it to
19:41the to the nig that had nothing to do
19:43with it and I told you stay away from I
19:45didn't them
19:49anything walked into the PO store I told
19:51was that real too when you met those two
19:53guys in in Rivier Beach or that that
19:56that was part of the acting yes okay
20:01any
20:03money you told you give my Rover or
20:06something like that no that was bullshit
20:08that guy still calls me but I told
20:12him going to get you in trouble they
20:14don't even know about this they don't
20:15know about this they
20:16don't the other guy that wasn't with
20:19them
20:22no I don't talk to them they don't even
20:24ask me about you not not the other guy
20:26the other one is the one because wanted
20:28to help us so who wrote all
20:31this Muhammad Mike and I wrote part of
20:36it too you guys wrote all this yes you
20:38thought this was going to sell at the
20:41time yes I mean we're in our 20s I mean
20:43you know yeah we did but I haven't
20:46talked to him in like a couple
20:49months okay so okay after he
20:53mom his mom not to you or anything I you
20:58know what fucking killing somebody yeah
21:00but killing somebody come on I mean
21:02that's fucking you know nobody's going
21:04to be able to point a finger at me I
21:06need him to say like remember you're ask
21:08who say enemy who's this who's that yeah
21:11there's this guy there's this guy that
21:13like fucking hates him hates and hates
21:15him like he snitched them out and now
21:16that family is doing time right now is
21:19that
21:20true is that true is what true is it
21:24true that there that you're you knew
21:26that Mike Dilo had snitched on and the
21:28guy was doing prison time he was
21:31convicted for fraud and so and Mike had
21:34ratted him out he did a lot of things
21:38okay did Mike what you said on there was
21:40that a true statement that Mike ratted
21:42the guy out and that guy hated Mike
21:43because he was in prison for I don't
21:45know if he R him out but yes he was he
21:48was convicted for fraud and so yeah
21:50there aren't too many people that are
21:52happy with them that was
21:54true I don't know about the ratting out
21:56part but yes it
21:59that's how I said
22:04it okay now if you have
22:11contact he's so after he's he show you
22:16know he's dead that's the way he works
22:19right so if you fuck him over he'll come
22:21after you how the fuck I fcking over
22:23$3,500 I'm just telling you that's how
22:25it is very guy no that's fine that's
22:28fine like but how you got to tell him
22:30too like you know I can't go fucking
22:32meting buddy and giving him money like
22:34he better send someone and
22:36I'll not Tak done work okay I know him
22:41you know like back in the day you got
22:45have job and all this shit so okay but
22:49now how am I supposed to know what thing
22:50he's going to do
22:52it like for example like Wednesday he's
22:55going to boa he's got like a
22:57dentist cuz he's going to know the best
23:00time where fur this place for your house
23:02he's going to have everything than okay
23:04okay it's going to be within before
23:06Tuesday Wednesday something like that we
23:08want go through for Thursday all right
23:11to get paid before then right can can
23:12you hear can you make out I can hear
23:15most of it some turn do you want the
23:17transcript they help you to follow along
23:19with it you have a transcript yeah I
23:21think I do
23:25judge just try to find
23:57see
24:01soon as he bring you the you get out the
24:07P serious whater going to bring me I'm
24:09going to know he's fucking dead like the
24:10cops are
24:11going whatever as you get the proof you
24:15know straight but um just fucking give
24:19you the
24:21money I'm doing giving him the depos
24:24whatever
24:26and I'll I really appreciate if you can
24:29help me out a little bit like the build
24:31that build Mone like next to $200 I'm
24:34that I'm not getting nothing out of what
24:36do you
24:37about you
24:39know two right behind not 2000
24:45like 1200 that's all I brought he's
24:48asking for
24:531200 you can't ATM I would through money
24:57to if I can get that let me see if it'll
24:58let me take it if it'll let me take it
25:00I'll take it for
25:03you and so then what are you asking me
25:05for afterwards like I'll give you 20
25:07once it's done L you're going to give
25:10him 20 what when it's
25:15done you're giving Muhammad 20 what when
25:18it's
25:19done it was it's just that was just the
25:22way that it was written and what what
25:26was the script it was how we said it I
25:28mean it was some of it was aded but I
25:31wasn't planning on giving him
25:34anything where the $1,200 come from that
25:37you
25:40gave it came from me and Mike's money
25:43where where' you get it from did you get
25:45it from the bank from our I believe from
25:47our account yes so you went to the bank
25:49and I pull the money out right
25:57yes
25:59right right no of course I'm not going
26:01to write you a
26:02Chun I know
26:05not here judge I think I found
26:18it but yeah everyone's going to think
26:20it's related to that tell them I'm going
26:23to stay you know
26:25like bullshit going to tell them like
26:28guys went in like he's been bumping into
26:29guys I'm going to tell him about the guy
26:31at Target that we ran into this weird
26:32guy that lives in our fucking
26:33neighborhood too that's on fucking
26:34probation or something else I'm going to
26:36throw all their fucking names in it I
26:37don't care and who is this that you're
26:39going to tell all this this bad stuff
26:41about your
26:43husband who you going to tell who's the
26:45who's the character that you're going to
26:46tell all the stuff to there was no
26:48character okay it's just what we're
26:51using for
26:54footage I'm just going to start needing
26:55a whole bunch of St I'm going to say
26:58talk about this shit done with I don't
27:00want hear from thisy you hear from the
27:02guy it's done I know and we never talk
27:04about it again ever do we talk about it
27:07again and you're sure like we can trust
27:10this guy and everything's okay with this
27:11guy right no the people what he's
27:15done trust me he known for
27:19[Music]
27:27that
27:38okay are you going to drive me to Bas
27:42cam yeah but the thing is that I used
27:44the one over something they let you take
27:47out you think it'll let me take
27:50out that's where you give him the
27:53$1,200 where I gave him money
27:57yes
27:58I
28:05swear known you for fucking ever I
28:08brought pictures I brought you forever
28:10it's
28:13like know I know what these pictures of
28:16that you're showing
28:19them um there were a lot of different
28:22photos there tell us what they were cuz
28:24they were part of the script so what
28:25were
28:27they pictures of me and
28:30Mike okay what else our house I think
28:34okay what else I'm not
28:41sure
28:44I'm and he know the truck and everything
28:47like that and I had a picture of the
28:49Porche like he doesn't need that that's
28:50what you're saying you to Once
28:55me
28:57walk that
29:07one my grandfather he's like dying this
29:10is him my grandfather no this
29:13is you to take my Granda fucking out of
29:15the picture can you fucking cut him off
29:19here here here here say do this like a
29:21picture or no is that part of the script
29:23too to take your grandfather's picture
29:25out of there yes yeah okay
29:34your straight after this seriously
29:38don't you know what you fucking start
29:40getting your that's been
29:43trying at the house look like where I
29:51live all
29:54right okay so you're fine no extra
29:56information you get to him
29:59him you don't have do I'm I'm not seeing
30:01him
30:02right
30:04just right but right now I'm not seeing
30:06him I'm not any why am I fucking PR off
30:09the fucking
30:11pictures really you're going to give him
30:13some fingerprints all
30:18over that was part of the script too
30:22yes all right okay let me see if I can p
30:26this out right now
30:39but you're sure that it just like
30:41fucking like a solid like it's not going
30:46to like oh he's on the fucking L and you
30:49know he's not on no fucking L for
30:50anything I had him looked up so it's
30:52like that was bullshit he wasn't on any
30:55fucking watch
30:56list
31:07okay okay and then you know like we
31:11already fucking
31:18sad you knew that one was recorded right
31:24I knew Muhammad was going to be taping
31:26it all right and did you ever see the
31:27tape after
31:29that did you ever say hey Muhammad show
31:32me the tape I want to see what the tape
31:33looked like no no you weren't interested
31:36that would have been the first taping
31:37you guys did right yes so you weren't
31:39interested in how you looked I didn't
31:41know they were going to edit it so I
31:43have no idea I didn't see it
31:55[Music]
31:56now
31:58all right and then do you remember uh
32:00Woody Jean giving you a
32:03call he called yes and he called you on
32:05August 3rd yes he was the one calling me
32:08yes and it was a relatively short call
32:10right mhm and he didn't introduce
32:13himself but you knew who he
32:15was you know he was playing the part of
32:18a Hitman
32:19right he who was the guy I supposed to
32:21be meeting okay and you knew what about
32:25this guy what' you know about this guy
32:29I didn't want to go meet him I knew that
32:31it was it was a meeting that Muhammad
32:32was setting up and I didn't want to go
32:35see him well tell me what you cuz it's
32:37part of the script so tell me what you
32:39knew about this
32:42guy no I went to go meet witty Jean I
32:46didn't want to go ahead and do this
32:48anymore well
32:49no when witty Jean calls you so before
32:53Chiles ever happened right weene calls
32:56you right who what you you know about
32:58Woody Jean when he calls you that
33:00Muhammad told me to be expecting a call
33:02from Woody Jean right and he told you
33:04the name of the person yes he did yes
33:07okay so witty Jean this undercover
33:10officer told Muhammad his name
33:15yes and he told you his name was witty
33:19jeene muhamed told you that right yes so
33:22you knew before this
33:26yes
33:39[Music]
33:42I'm G to give you a call he's about an
33:44hour he's like so we can go how and we
33:47can meet up he's like remember he's like
33:50I need the he's like I need to three
33:52grand front like he trying to tell me
33:54like so you contact after Wy jeene calls
33:58you tells you he wants $3,000 key to
34:01your house and he says he's driving up
34:04from Miami to come meet you somewhere in
34:05one be right mhm and then you
34:07immediately call Muhammad is that
34:11correct I'm not sure all right well how
34:14is this part of the script this call
34:16between you and Muhammad when you
34:17telephone him how was this part of the
34:19script well I didn't want to do this
34:21this is Muhammad was threatening me and
34:23he was putting pressure on me to do all
34:25of this all right so we'll hear that in
34:27here right
34:29I don't know if you'll hear it in there
34:30but let's
34:32listen all
34:38right pH yeah I have the number from
34:42call
34:49me well since you know where I
34:54live run away you're obious going to pay
34:57you I mean
35:00so being you think I just meet him and
35:05face to face or what
35:19doing fla my house
35:23I is that part of the script that you're
35:25worried about this guy robbing you he's
35:28telling me what to do I'm asking
35:29Muhammad what to do oh he's telling you
35:32that the guy you're worried about the
35:33guy robbing your house I'm asking
35:35Muhammad what should I do and why are
35:37you asking Muhammad what you should do
35:40and this is all part of the script
35:42because that using going and taking it
35:45to an extreme that wasn't part of the
35:47script they changed the script that the
35:49plan was the video that we had done at
35:52the Mobile gas station that was harmless
35:54it wasn't it wasn't hurting anybody and
35:56then they took it to a whole other level
35:57and that's what I want to be part of all
35:59right so tell me after August 1st and
36:03before August 3rd what happened with you
36:06your husband and uh and Muhammad between
36:09August 1st and August 3rd related to
36:11this so-called project Muhammad's
36:14telling me that he's being threatened
36:15he's getting pressured from the police
36:17and he's he's threatening me
36:20and okay I'm doing what he's telling me
36:23to do sure tell the judge how he's
36:25threatening you he he threatened to kill
36:26me
36:28why did you call him then because I had
36:31to call him why why'd you have to call
36:33him because if not he was going to hurt
36:34me he was going to hurt my family
36:36Muhammad has domestic violence issues
36:38Muhammad has been in trouble for
36:40domestic violence all right so what's
36:42interesting is when you talk on Direct
36:45the first time you ever mentioned him
36:46about Mohammad making a bre was at Chile
36:49when you told him you didn't want to do
36:50that's where I saw his gun was at
36:53Chile objective Mis testimony oh so now
36:58he's threatening you before Chile's and
37:01before August 3rd he's threatening you
37:03since August 1st no he threatened me
37:05with his gun at Chile's but you just
37:07told us that at this phone call he's
37:09already threatening you but not with his
37:11gun not with his gun just threatening to
37:13kill you he's hands threatening to hurt
37:16me okay and how is he get threatening to
37:17hurt
37:18you he's telling me if you don't if you
37:21don't go through with this I'm going to
37:22hurt you he why did you tell your
37:23husband Mike about this I was scared and
37:26Mike is also you know in agreement with
37:28him oh so Mike's also going to he's
37:31threatening to hurt you as well Mike is
37:33in agreement with continuing with what
37:35Muhammad's saying Goa how Mike never end
37:38up any any videos or
37:43anything he was how is he supposed to be
37:45in the
37:47video uh you guys are planning to murder
37:50him how's how's he not ending up on any
37:52of the the videos or any of the audio or
37:54any of the text messages how do
38:03how do I know now like it'sing get done
38:08like I don't
38:12know
38:24uh
38:26something I thought you put the shit
38:28wasn't going to get
38:29person is
38:35prob I can't doing this anymore you know
38:38how I feel about that I've
38:40already that
38:45fing
38:51any you know I came up with fucking 12
38:53what the fuck was that for is that the
38:56$1,200
38:59is that $1,200 I'm going to make an
39:01objection to all this questioning it's
39:04not even close to impeachment I think
39:05this is beyond the bounds of the purpose
39:08of this hearing and I'd like a record of
39:09that this is not impeachment
39:11evidence the objection is overruled
39:14she's told her version of the facts to
39:17support the position taking your motion
39:19to dismiss Mr WS is entitled to explore
39:23the credibility of that store so the
39:26objections over just to make a record
39:28clear uh my client spent maybe a minute
39:30on direct examination talking about any
39:32of these videos so uh I I respectfully
39:35disagree with the court that this is a
39:37line of questioning that I asked my
39:39client it's beyond the scope of direct
39:42exam as well objections
39:44over is that the $1,200 that you handed
39:46to them two days earlier there was money
39:49that was handed to him you just told us
39:51that the $1,200 was payment to Muhammad
39:54right for him to have right then why are
39:56you asking Muhammad what the $1200 was
39:58SC that you already gave
39:59him this part of the script oh this is
40:03also part of the script so he's
40:04threatening you now and then this is so
40:06part of the script was for him and Mike
40:08to threaten you that if you didn't go
40:10through with this that they were going
40:11to come after
40:12you that was part of the
40:15script the 12200 was for
40:18Muhammad okay why did you ask Muhammad
40:21what the $1,200 was for two days later
40:23there are things that I said I was
40:25nervous I was stressed out I was you
40:27forgot right you forgot what it was for
40:30two days earlier yeah there there was a
40:32lot going on during all those
40:37days like and then you know
40:40came you know whatever like what we said
40:43after the box which was fine and you
40:52know was part of the script that he
40:54would talk like he's drunk and he can't
40:56understand the thing he's saying was
40:57that part of the yeah that was
41:13okay I I know like I told you now I'm
41:16fucking floating and my fucking house
41:18like you
41:20know there's more shit than that like I
41:22don't fucking you know it's
41:26like
41:31huh I have lotion detector like it's not
41:33just like I some
41:38fucking so that was all part of the
41:39script too yeah even though this wasn't
41:42being carried out that was all part of
41:43the script that he was going to come to
41:45your house potentially rob it be inside
41:47your house this person that had was not
41:49part of the script that wasn't actually
41:50going to happen it wasn't going to
41:52happen no
41:53no anyway well are you going to be like
41:56around here is that is that true though
41:59is what true about your motion your
42:01alarm system and motion detectors no
42:04it's not true you don't have any alarm
42:06system an alarm system yeah but not
42:08motion detector so you made that one up
42:11yeah part of the script yeah okay what
42:13about the key is that part of the script
42:15what do you mean the key the key that
42:17you bring the key to the to the pretend
42:19hit man that was part of the script so
42:21that the Hitman wouldn't Rob your house
42:23while he was there I didn't bring a key
42:26I understand that but you're saying you
42:28don't want to give him a key here
42:30because you don't want the Hitman who
42:32you don't know to come in and Rob your
42:34house and you get ripped off right is
42:38that true or is that is that part of the
42:39script it was scripted it no right no
42:42one was supposed to break in
42:54or I'm just going to talk to my good D I
42:57don't like talking all this shit over
42:58the phone like it's already fucked
43:15off what said
43:26your
43:30I I don't want to talk shut up
43:39[Music]
43:49know
43:51where he didn't say all he said to me
43:54was is um he's going to come out here I
43:58guess he knows where I fucking live so
44:00you guys are just practicing the script
44:02at this point cuz you don't know you're
44:03being recorded we're going over the
44:05script they're going over the script
44:07okay and do you have the script with you
44:10you're like reading off the
44:12script we had memorized I don't know if
44:14I had it with me that day you're in two
44:16different places right yes okay and so
44:19you don't have the script with you you
44:20know that this this phone call supposed
44:22to take place or where where if you're
44:24preparing for your script where is it
44:26that you guys are going to get together
44:27and discuss these
44:29lines we would get together at my house
44:31or we would get together
44:43outside said I'll be up here I'm coming
44:46from Miami I'll be there an hour and and
44:49if you guys were preparing the script
44:51how is it that you met with Whit e jeene
44:53an hour later after
44:56this
45:01I don't I would have to I don't know the
45:05time 786
45:24number I didn't ask him that's all he
45:27said to me was I'm going to need three
45:28grand spot so it's like what the fuck
45:31you know what I mean
45:36like key to your house need fing key to
45:40my house like for
45:50that the fuck do I know like they're not
45:52just going to fucking leave my fucking
45:55MTH
46:02the reality is that like why are they
46:05asking you told me it was 12 and then
46:13after I don't you know what I mean I
46:15can't fucking get that money like right
46:17now I'm holding on to like every fucking
46:19dime I have and Cas just shit up fucking
46:21F was that part of the script too
46:25yes
46:27okay Grand I don't have it like what the
46:31fuck do you want me to be you and it
46:32just doesn't fucking go through giving
46:34up more money I
46:40can't like
46:42that
46:45sh it is though I fucking I gave what he
46:49fucking ask me for I
46:51gave whatever if they
46:54fing go get it for sure after the and
46:58I'm I can't do anything I mean it just
47:00sounds like fucking bullshit it really
47:01does
47:06you and how do I know it's G to go
47:09through like I want them to look at me
47:10fucking face to face and tell me
47:13okay face
47:17what face yeah yeah I mean not I'm not
47:21fucking you know until this fucking shit
47:23get C up I'm not
47:25fucking
47:28in a public area IET you hour I
47:33[Music]
47:34youself him
47:36about well I'm sure he called me I
47:40thought you I thought you told us
47:41earlier that it was at Chili's he told
47:43you after he threatened you with a gun
47:45that he was going to come with you to
47:47this meeting not before the
47:50meeting at Chili's that's what he told
47:52me at Chili's at Chili's I didn't want
47:55to go through with us and he wanted to
47:57make sure I was going to be there you
47:58didn't hear him just say he was going to
48:00meet you before you met with witty Jean
48:02right now at the time that all this is
48:04going on I'm stressed I mean he had a
48:06gun on him and he's threatening me I'm
48:09this is this is what I it's what I
48:10remember
48:12got like minutes up
48:18here all right okay
48:24but side something don't have that with
48:28me I don't have it I don't fucking sit
48:30there with fucking cash in my bag and I
48:32can't keep bulling shit from all these
48:33fucking accounts I can't do it like you
48:35don't cat somebody off guard and say hey
48:37I need a couple
48:43thousand lay down you me not you told
48:53me D up your fuing
48:57me me
49:00more happens that's the guy that's
49:02threatening you to kill you if you don't
49:04go through with it right yes
49:12okay
49:14which
49:17the the no the the
49:21truck
49:25which truck
49:42okay just give me the fucking sh that
49:44they were going to use I fing for it
49:55I
49:59people all right well I'm going to have
50:02to like get my own like with the w do it
50:07for the one I'm not I'm not going to do
50:08I
50:16can't I know just
50:25my
50:27what
50:29I was that part of the script too that
50:31you were going to go ahead and go find
50:32your own hit man to do this yes yeah
50:34that was P of script
50:43[Music]
50:45yes okay
50:55than right today St it's going to be
50:58honestly per 2009 the time right now is
51:013:08
51:13p.m. then you leave here and you go meet
51:17Muhammad at
51:21Chili's I'm not sure all right well you
51:23meet Muhammad at Chili's right before
51:26you meet with Woody Jean is that correct
51:27yes and through all this phone
51:30conversation that you had with Muhammad
51:32you're terrified of him yes already he's
51:34threatened
51:35you and your husband threatened
51:38you they they put pressure on me yeah
51:42they put pressure what did they say they
51:44told me that I needed to do this or
51:46what's the pressure what what pressure
51:47they put or
51:50what they told me that I needed to do it
51:53they're yelling at me and they're
51:54telling me that I need to do this and
51:55where are they when they're you telling
51:57any to do this in person and on the
52:00phone where at my house and when
52:03Muhammad's calling me okay the same and
52:07the same house you had to point out for
52:09Muhammad yes when when yes that's
52:12correct that's part of the script
52:15right the the the pressuring when he
52:17threatened me and everything no no that
52:19wasn't part of the script but you're
52:21such a good actor you were able to play
52:23through this whole scenario here without
52:25acting scared at all
52:27right I I was being told he was telling
52:29me that I needed to do it and so I did
52:31it when did he do that on there you
52:34didn't even know that was recorded we we
52:36had so many phone calls he called me and
52:38he did tell me that we had a lot of
52:40phone calls you didn't even know that
52:41phone call was recording there were a
52:43lot of phone calls you're not playing
52:45nearly anywhere of all the phone calls
52:48that we had you did not know that phone
52:50call was recorded did
52:52you did
52:54you you did not know that was recording
52:57there were a lot of things that were
52:59question or not did you know that that
53:00phone call was recorded we had done
53:03according to the script so that was
53:06according to the so is it a yes or no
53:08was that you knew that was recorded or
53:10you didn't know it was recorded which
53:11one is it scripted I can't account for
53:14Muhammad I wasn't the one doing the
53:15recording you just don't want to answer
53:16it right doesn't fit in your in your
53:18little fantasy no but I I can't answer
53:21for
53:25Mohammad
53:28and then you go
53:29to Chili's on August 3rd right and you
53:33meet Muhammad
53:35there yes and you drive separately from
53:38him yes and he in front of people at the
53:44restaurant threatens you with a gun and
53:46threatens you and your family
53:50yes and and Mike is supposed to be
53:52involved in this as
53:54well he wasn't there that day but he's
53:57on board with threatening you he's he's
53:58okay with it yeah because he wants to go
54:00through with all of
54:04us and then you remember meeting with
54:09Woody and what did you know about witty
54:11Jean that he's all these things
54:18and that's what we're that's that's what
54:21the meeting
54:23was and and you're so scared you brought
54:25none of them
54:27no I I wouldn't bring my key or picture
54:30or anything you know the alarm code or
54:32anything I wouldn't want anything to
54:34happen to to Mike why I wouldn't
54:37actually give him those things this is a
54:39script it's part of a play right but I
54:41don't know him and so I'm not going to
54:43go ahead and give all those things okay
54:45but but you gave the the the $1,200 in
54:48the pictures of your husband and the
54:50vehicles he drives in your house to
54:53Muhammad to get to this guy no the money
54:55was for Muhammad
54:57and you wouldn't tell this guy cuz you
54:59don't want him to know anything you
55:00wouldn't tell this guy anything about
55:02Mike's daily activities or where Mike's
55:05going to be so that he could kill him
55:06and you wouldn't tell him anything about
55:07the alarm and what could be careful for
55:09at your house he wouldn't do that would
55:10you to the
55:12stranger it wasn't none of it was real I
55:15had no reason to believe that he was he
55:17was going to get hurt so this is part of
55:19the script as well right I'm not
55:20providing anything I didn't give him
55:22anything all right let's
55:24listen there
55:33[Music]
55:39cin
55:41[Music]
55:52why all right okay um
56:00first and then I my all right and I just
56:04got little
56:06about and I'm tell you do it what
56:13exact and I recomendation you know what
56:18you want what you know
56:19about is your H
56:24something no real say you know I I you
56:29[Music]
56:44[Music]
56:47know
56:55what I'd rather be as
57:00L
57:02um I know I got a picture picture
57:06of the house what you
57:11[Music]
57:12I you didn't know that this was recorded
57:15did you no and when did you rehearse
57:19this I didn't rehearse that you didn't
57:22rehearse any of the stuff I didn't
57:24rehearse that okay so this none of your
57:26meeting with wiy jeene was rehearsed you
57:28made all the stuff as you went along I
57:30didn't give him anything that he
57:32provided oh well if this is part of your
57:35role what when did you learn that this
57:37was part of your role when were you
57:38supposed to do this Muhammad was putting
57:40pressure on me to go to that meeting and
57:42so and so I went I don't know I was
57:44freaking out and I was you know in a
57:46panic attack I didn't really know I
57:48didn't want to go to meet him you having
57:49a panic attack here right it yeah I felt
57:52really overwhelmed by everything
57:54mohammad's park next to me and and there
57:57was a lot of
57:58[Music]
58:04[Music]
58:10[Music]
58:13pressure
58:15mwh I want to talk to
58:21you
58:23Ian you i' rather if I want to talk
58:30you something like that or it can't be
58:34done well that's the thing which is why
58:37you know I know as much Plan know
58:40already started planning the house ask
58:44for the house you know what I mean
58:46because my was here you know in and out
58:49you know not comfortable a lot of people
58:52not comfortable with me in the house all
58:54that kind of stuff like a lot person
58:56[Music]
58:57a while while I get in you
59:00know know who it is you know you know
59:05what I you know whatever I get whatever
59:07I get from most of go into planning and
59:10get
59:11people you know what I
59:15mean well it's up to you why did you ask
59:19him how soon he can get everything
59:21going Muhammad was telling me what I
59:24needed to say oh he told you to say that
59:25right there were part yeah when
59:55he
1:00:04know I got 12200 from all right 1200
1:00:07went buyat my gun buyat my gun okay and
1:00:13a couple hundred you know put other
1:00:14people gr you know what I mean that's
1:00:17pretty much it as a matter of fact the
1:00:18spent more money you know just to get
1:00:21here right understand cuz I to get this
1:00:24car I got to get rid of this car this
1:00:25car get rid of this you know what I mean
1:00:28there's a lot more I have to do know you
1:00:31I can't keep coming out of like I've
1:00:32come out of pocket a lot
1:00:34for you know I me like I can't
1:00:37get that's all
1:00:40right was mamed parked off to your
1:00:44right left to your left yes
1:00:47okay kind of like know the position
1:00:50where like I told you like I'm so like
1:00:52the DAT you needed it it's like I came I
1:00:54met that day
1:00:56do you know what I mean like that's the
1:00:57kind of person that I am okay today you
1:00:59threw me off guard and you called me at
1:01:01like two and it's not like do you know
1:01:03what I mean I
1:01:06have that's you being terrified
1:01:10right I couldn't show that I was
1:01:12terrified Muhammad was telling me that I
1:01:14I couldn't show that I was afraid that I
1:01:16was terrified I had to be cool as though
1:01:19you know I I wanted to do
1:01:21this
1:01:23um I half me today have done that was
1:01:28you understand know if you you know want
1:01:31to do the
1:01:33back have to, more you know top two you
1:01:39understand I SP $1,000 you know between
1:01:42today and tomorrow okay you want done I
1:01:44thinking if you want done tonight
1:01:46tomorrow or the week I can get by
1:01:49Wednesday me to what saying but I got to
1:01:51do my homework you know I got to you
1:01:54know know exactly where the place is and
1:01:56get out of there how to get in and out
1:01:58understand what the neighbors are I got
1:01:59to call the cops you know shooting to
1:02:02see how fast they get that location a
1:02:04lot
1:02:05of a lot of moneyy
1:02:10pH
1:02:12l i don't mind do it now leave you know
1:02:17my at the house
1:02:20want somewhere some I have to with you
1:02:24know later on
1:02:26[Music]
1:02:41I was looking new newspapers there's
1:02:43been a lot of in this are it's it's not
1:02:46uncomon for
1:02:49some to the house you know didn't think
1:02:51was going to be home cuz they in you
1:02:54keep that work not that work and you
1:02:56know he gets two in the head you know I
1:02:58take a couple things with me a couple
1:03:00windows make it look like the L I went
1:03:02back it's all over I'm done out of
1:03:06there people watching doing thing know
1:03:09I'm saying he guns
1:03:12in right now so there a lot of people
1:03:15that don't like him what's his name Mike
1:03:18Mike okay so Muhammad told you to tell
1:03:23him that
1:03:24too to tell me what that there's that
1:03:27he's on probation and a lot of people
1:03:28don't like
1:03:29him yeah that was yeah that's true
1:03:34right that that he's on probation he's
1:03:36on probation and and you believe a lot
1:03:38of people didn't like him speculation
1:03:42Foundation you believed a lot of people
1:03:44didn't like them it was a true statement
1:03:45what you told I gu
1:03:49yes do Rob went that that's the thing
1:03:53okay now um
1:03:56once that's done you know I wait you
1:03:59it's not going to call you right away
1:04:01because the police be all over
1:04:03motherfucker going to be asking your
1:04:05questions although they know it's going
1:04:06to be obvious what it is and they
1:04:08already know you know what I mean but
1:04:11you know they going ask
1:04:24question
1:04:27you know they ask question that's how
1:04:29they got to do it okay I give you maybe
1:04:32one or two days know in contact with you
1:04:35know what I
1:04:37mean
1:04:42[Music]
1:04:49I he's my cousin and you know it's like
1:04:53he's the one who you know what I mean
1:04:55right I talk to my man you know my man
1:04:58said he's good just for you I don't know
1:05:01how you have PR
1:05:04understand no I'm not you know I'm a lot
1:05:07know I'm a lot what I
1:05:09look that was part of the script too
1:05:12yeah and Muhammad told you to say that
1:05:14I'm a lot tougher than I look I had to
1:05:16go in that meeting with Wy Jean and as
1:05:19though you know that's what I wanted to
1:05:21have done
1:05:23gotta and and did he tell you all this
1:05:26stuff at Chili's cuz you know we know
1:05:28you never rehearsed it so when did he
1:05:29tell you this stuff about what you were
1:05:31going to say to Woody Jean at Chili's he
1:05:33went over everything with me and he's
1:05:35parked right next to me to make sure I
1:05:37mean at that point I'm terrified he's
1:05:39right next to you know where we
1:05:44[Music]
1:05:46are
1:05:48than I just need to make sure
1:05:50everything's going all right okay so uh
1:05:54you came in the back
1:05:55[Music]
1:05:58you okay when it's all I was going to
1:06:00get 3,000 from you today, it's
1:06:03all at
1:06:08[Music]
1:06:11you
1:06:13okay okay all right now here's the thing
1:06:16that's I ask you again all right after
1:06:18today until I get a hold of you after
1:06:21it's all done to get a hold of you you
1:06:23understand TR
1:06:26[Music]
1:06:30what's the name of
1:06:31[Music]
1:06:35the
1:06:38yeah is that where you
1:06:43live um can you replay it again you you
1:06:47looked over your shoulder and you said I
1:06:48I live right back there is that where
1:06:51you live in that yeah around that area
1:06:54yes to here you can
1:06:57see no on Wednesday weing on Wednesday
1:07:02Wednesday 8:15 and 8:30 in the morning
1:07:06that's why I wanted to know like do you
1:07:07want to come to my house Wednesday or do
1:07:09you just want to you I don't know what
1:07:12kind of SC you do whatever he's going to
1:07:14be going to the bank on Wednesday I
1:07:15don't know if you know yeah I don't know
1:07:17if that's public for you
1:07:20or to P Mone and Mohammad told you to
1:07:24say all this stuff to
1:07:26it was things that were just being said
1:07:28I mean I didn't even he says my street
1:07:30address it was things that you know are
1:07:32just being said so you're telling us
1:07:35you're terrified of Muhammad you're
1:07:37terrified of your husband and you you
1:07:39don't you don't want to tell this guy
1:07:41any details about your life but you're
1:07:43willing to tell him that your husband's
1:07:44going to go get $10,000 out of a bank at
1:07:47$85 I don't know no that wasn't that
1:07:49that's not true really all right
1:07:52listen oh okay so he doesn't have money
1:07:56he's he's like hard our cash he's ping
1:07:59and pulling out the money because he has
1:08:00to make it look like it's coming from an
1:08:01account from his business
1:08:03partner how much
1:08:08um
1:08:12[Music]
1:08:17I I know what
1:08:20going are you familiar with I could find
1:08:23out I know exactly
1:08:25what time going to be there you there
1:08:27early you're there with the bank
1:08:29[Music]
1:08:31open so the bank that he's going
1:08:36to yeah I know exactly where what time
1:08:39everything so I don't know you know the
1:08:41problem with this though is that from
1:08:43where the bank is to where the partner's
1:08:45office is it's literally like next door
1:08:47to each other so I guess that's true huh
1:08:50no that's not true you didn't say that
1:08:52stuff I did say it but it wasn't true it
1:08:55wasn't true no oh so you made that stuff
1:08:58up he wasn't going to the bank at he5 no
1:09:01to go and go to his doing that no okay
1:09:04why did you make that up because
1:09:06Muhammad told me to oh he told you to
1:09:08say that
1:09:09yes you have to get back in the car to
1:09:12go there I know where the office is at
1:09:14and everything like that like I can show
1:09:15you where everything's at his office in
1:09:18Department yeah all right but now I
1:09:21don't know if that's like too public for
1:09:23you or well I mean yeah I know I could
1:09:26do it like that but it is public I'll
1:09:29get the money but the thing about is a
1:09:31hard get away
1:09:34it's you're close from
1:09:36[Music]
1:09:42the cuz you know I need I need somewhere
1:09:44to get out fast right okay uh turn five
1:09:48what V is
1:09:49[Music]
1:09:54it
1:09:59for this is
1:10:02441 441 is here the bank is here and
1:10:06then the next building over on 441 is
1:10:09the partner office okay so
1:10:12the is that where his partner's office
1:10:15is yes see that's the truth but the bank
1:10:18of right it was easier to remember like
1:10:21I said earlier to you if we mix the two
1:10:23gotta so some are lies and summer truth
1:10:29rightly the building like I can get the
1:10:31building number and everything like I
1:10:33know where everything
1:10:35[Music]
1:10:39ex leaving the house by8 8:30 he's going
1:10:42to get $10,000 yeah all right that heing
1:10:48and that's why I thought that what kind
1:10:50of
1:10:51[Music]
1:10:53car yeah okay he'll probably be in that
1:10:58and he have a porch that I'm pretty sure
1:11:01he's going to be in that okay and he
1:11:03just have surgery so you know pretty
1:11:06sure he'll be in the
1:11:07[Music]
1:11:12problem told you to tell him all that
1:11:14stuff too the cars he's going to be in
1:11:15the surgery all that stuff
1:11:18yeah that was that to you because
1:11:20obviously like you know what I mean no
1:11:23either the thing is it's more risky do
1:11:25CL like that but I don't mind he'll have
1:11:28it for sure because friend has to the
1:11:30partners has to him you know when are he
1:11:32coming and then from there I know where
1:11:35he's going right after that he won't
1:11:37have the money anymore he's going to the
1:11:38bank to there and then that's said
1:11:40you're not going to catch him anymore
1:11:41with
1:11:42okay what I'm to do if I don't do it you
1:11:45know the thing I you know I don't want
1:11:46to get G but you know
1:11:51,000 make it look like you know he had
1:11:53more reason to be cu amount of money
1:11:56right part part know right so what I'm
1:12:01going to do is that you try change my
1:12:03plans a little bit and then try to you
1:12:05know do it with the whole thing you know
1:12:08if I can't come through with it by one
1:12:10St it's have to get the house you know
1:12:12what I mean but I'm more interested got
1:12:14$10,000 get from you know what I mean
1:12:17you that's not going to come out your
1:12:19pocket but what do you think you want to
1:12:21go ahead and drive by that area and like
1:12:23Scout it out or what do you try to do
1:12:25right now yeah
1:12:28[Music]
1:12:31um I'm
1:12:34[Music]
1:12:42not all
1:12:44right
1:12:46[Music]
1:12:49know you know it's like I have I shut up
1:12:53my house so like you go
1:12:56any like lar amount of money at the
1:12:58house
1:13:00noig I me nobody knows everybody when
1:13:03you come to my house you think you know
1:13:04what I mean there's a lot of money there
1:13:06there's a lot of stuff there whatever
1:13:08but in reality you
1:13:10know the only thing would be you know if
1:13:13like leave with the fucking porch or
1:13:15something it's
1:13:16TR that's you
1:13:18know all right um okay I'm play that way
1:13:23I'm the thing is you know you got saying
1:13:25that's today you know I can't get a hold
1:13:27of you it doesn't work out the way I
1:13:29want I want I'm set for you know the
1:13:38way looking at
1:13:43running I'm go for the money the money
1:13:45doesn't work have to know I mean like I
1:13:48I have a small window you know the house
1:13:51or the money I don't get by the money
1:13:53then I'm I'm d right what I mean you
1:13:56know I would get paid cuz you know you
1:13:59know so that's my it's a short window so
1:14:01I got I got put that
1:14:03guy um so wed you know he's leaving 8:15
1:14:078:3 he wants to be at the bank when the
1:14:09bank opens at 9 and then he's going to
1:14:12go and see okay can he walk from the
1:14:14bank to the is it like walking distance
1:14:17or he got
1:14:19Drive office no he's going to get him a
1:14:21track and drive okay all right um we'll
1:14:23get him a traic drive
1:14:25okay sure all right okay um I got one
1:14:29more what I wanted to say to you is I
1:14:31wanted to make sure like for example
1:14:33like okay this shit doesn't happen
1:14:34Wednesday Thursday morning for example
1:14:36you don't come and I'm I'm there you
1:14:38know what the H right I want to be
1:14:41sure listen it doesn't happen by
1:14:45Wednesday all right not com what I'm
1:14:48going do is that if I don't get it done
1:14:50you
1:14:51get do happen if it doesn't happen by
1:14:54one them don't have to call you from
1:14:55another phone and you know tell you a
1:14:57whole different you understand know but
1:15:00I'm not going not going I'm not going to
1:15:02do anything that you don't know what
1:15:04money were you going to get back if you
1:15:05didn't pay him any money already there
1:15:07there wasn't any
1:15:15money different things we were just
1:15:17saying things to say things it was plan
1:15:20it was nothing was done not anything
1:15:34so appointment right across the street
1:15:37at 9:30 in the
1:15:40morning and at that
1:15:43point
1:15:46leav okay come back home right come back
1:15:50not come back home with the money part
1:15:52no meeting the partner and then from
1:15:55there he's going to okay all right
1:15:58I'm cuz I've been planing for you know
1:16:01over years just you got I
1:16:02[Music]
1:16:04gotor make
1:16:08[Music]
1:16:17iton is that when Mohamed came and asked
1:16:19if you wanted a drink right okay we
1:16:21terrified
1:16:22of yeah he's coming and he's checking up
1:16:25on you know what's going on to make sure
1:16:28so for that 2 seconds that you roll the
1:16:29window down and said no we're good and
1:16:31put it back up ab absolutely I was
1:16:37terrified um all right one
1:16:41B $10,000 right yeah and
1:16:45[Music]
1:16:50um right that
1:16:53car
1:16:56so you just
1:16:57ask back right now all right
1:17:01okay he won't be able to like I mean he
1:17:03walks by and everything happen I mean
1:17:05you know it's going to be like a little
1:17:07bit of struggle where it's here all this
1:17:09here you know all these here like points
1:17:13okay all right okay um if it's not done
1:17:16by one it's done by one the only thing
1:17:21he from is to collect right which is why
1:17:23I say between now and when it's done you
1:17:26know you not have how change your mind
1:17:28even if you change your mind talking
1:17:30there's no changing no there's no
1:17:33[Music]
1:17:39likeing I'm looking at the time par he's
1:17:41not coming he's not this all stuff or
1:17:44whatever like no when I to do something
1:17:46I'm going to do that told me I need the
1:17:48money from you I went I grabed right
1:17:50away we were good to go that's all M
1:17:53told you to say right
1:17:55yes he told me to say that 5,000% sure
1:17:58ready to go I needed to project
1:18:00confidence and yeah that that's what he
1:18:03he told me I needed to make it look
1:18:05believable mean you're not going to have
1:18:06a problem you're not going to have an
1:18:08issue you know what I mean nothing of
1:18:09nothing you m
1:18:13on
1:18:18don't all right okay so uh about you
1:18:22have um I thought out copy of it because
1:18:26I wasn't I wanted to talk to you about
1:18:27Wednesday to see if Wednesday was going
1:18:29to work out better
1:18:31than to the house because the thing is
1:18:33is that I don't want to do this pH like
1:18:35I told you I have camer I don't record
1:18:37but I have camera on the front and in
1:18:39the back and I have the motion detector
1:18:41so it's like even if you go with the key
1:18:43the sensor is going to go off and then
1:18:46he's going to see like on our tv nobody
1:18:49need Stu exactly so I didn't want to Fu
1:18:51you with either and then all of a sudden
1:18:53you know need has issue what FL on first
1:18:59FL
1:19:02walk is yeah all right
1:19:05okay all right
1:19:07[Music]
1:19:11uhy kind of
1:19:15key the
1:19:16name just I want just you know right now
1:19:20I'm playing for think this say you know
1:19:22the last minute things not going to work
1:19:24out make sure that you get it done you
1:19:26know what I
1:19:35[Music]
1:19:40mean Wednesday morning yeah the
1:19:46other okay uh do you co talk in the
1:19:49morning you go to the gym in the morning
1:19:51I was going to the gym yeah I mean if I
1:19:53go tomorrow
1:19:59[Music]
1:20:02I do the know do at the house I want the
1:20:06house around 6:30 7:00 walk in the
1:20:10morning okay and the do acoss over Lake
1:20:14and our door always
1:20:15unlock is that
1:20:17true we both go to the gym no is that
1:20:20true that he walks the dog across by the
1:20:23lake and leaves the front door open we
1:20:25both do is it true that he does yes we
1:20:28both
1:20:31do okay it that you're not going to do
1:20:35that well that's thing Listen by the
1:20:37time by the time by the time you get
1:20:39back to the gym you won't find dead body
1:20:41in the house all right or nothing okay
1:20:44it's
1:20:52nothing all
1:21:03know I'll I'll be over there I'll make
1:21:05you know I'll watch you
1:21:08[Music]
1:21:16walk I got
1:21:20here and then you know to where casid
1:21:23you know he's going to get the bank the
1:21:25uh BL 441 of America
1:21:28[Music]
1:21:42[Music]
1:21:53right
1:22:03[Music]
1:22:1029 the lake right yeah what's the name
1:22:14of the
1:22:17[Music]
1:22:22road yeah what
1:22:34which way I'm
1:22:37going first one this one right here
1:22:39first one okay you're going to down the
1:22:41first one make a left yeah and then
1:22:43there's going to be like a oneway ramp
1:22:45keep going right and then you're going
1:22:47to use
1:22:49[Music]
1:22:53her
1:23:07[Music]
1:23:15you remember getting a call from Wy Jean
1:23:17the next
1:23:18day yes so did you go talk to Mike after
1:23:23this
1:23:31that's I I told them I was upset and I
1:23:33didn't want to talk and I just told him
1:23:34that I did exactly what Muhammad told me
1:23:37to
1:23:38do and didn't Mike ask you what was it I
1:23:42I was so upset Mohammad just threatened
1:23:44me he threatened my family he he
1:23:45threatened to kill us I wasn't in
1:23:53the
1:23:56I'm sorry what is it well why did you go
1:23:58talk to Mike if You' already told us
1:24:00that Mike was threatening to you I
1:24:02didn't talk to him I told him I did what
1:24:04Muhammad told me to do and that was it
1:24:05and then why didn't you talk to Mike
1:24:08that he need threaten to hurt you again
1:24:10I just told you I was so upset at
1:24:12everything that had happened my life
1:24:13just got threatened my family's life got
1:24:15threatened I I I wasn't you know in the
1:24:17mood to be talking it's especially if
1:24:19you know he's on the same page with
1:24:23Muhammad
1:24:25so then you get a call from wiy Jean the
1:24:27next day right and you answer
1:24:29it yes why'd you answer it because
1:24:32Muhammad had told
1:24:34me there are so many calls that you're
1:24:36not seeing that or you are seeing that
1:24:39you know aren't recorded and and
1:24:40Muhammad's calling me and he he's
1:24:42putting pressure on me he's threatening
1:24:44me he's the one telling me what to say
1:24:46and what to
1:24:51do transcriber today's dat is August 4
1:24:552009 Time by my watch is
1:24:571401 20101 p.m. this recording is a
1:25:01control phone call to phone number 561
1:25:05703 9453 in reference to ongoing
1:25:08investigation by detective Alex Maro is
1:25:11that your phone
1:25:23number
1:25:44anything's not going to work Che it out
1:25:46it's so good okay you got to be up by
1:25:506 all right up by 6 all right
1:25:58all
1:25:59right
1:26:03Y and then the next day on August 5th in
1:26:06the morning you left your house didn't
1:26:09you yes around
1:26:1165
1:26:16yes and then you already told
1:26:23us
1:26:28remember that
1:26:46yes that morning on August yes it was no
1:26:50longer a joke no it's no longer reality
1:26:52TV no now everybody had to know what was
1:26:56going on right so you can get out of
1:26:58jail the police took our presentation
1:27:01that that we did and and used it to
1:27:04wrongly prosecute me for
1:27:23something
1:27:39honestly I can't help
1:27:42you don't you understand what happen
1:27:45What saying is not
1:27:48true how is that possible yeah how is
1:27:52that
1:27:53possible
1:27:54what do you mean I'm calling him for
1:27:56help how is it possible if what the
1:27:58police are saying is not true when it is
1:28:01true you claim that it was all made up
1:28:02as part of the script
1:28:11how and it was for a presentation he's
1:28:14the only one that could clear my name
1:28:15him and Muhammad and I'm asking him for
1:28:17help to come forward
1:28:19and tell everybody what actually
1:28:21happened I'm asking him for help sitting
1:28:24here it's not true it's not possible
1:28:34you that I hear and see I heard what you
1:28:37heard it's not I heard what you heard
1:28:40and I everything they you
1:28:43they how how you tell me that I you my
1:28:47word that it's not
1:28:52true I help I wanted to like please I
1:28:57need the can you please help
1:29:00me not the
1:29:04TR your brother was here I spoke to him
1:29:07you talk to your mom I for
1:29:17you this is not
1:29:20true I get how do you explain heard like
1:29:25I am on my phone call you know more than
1:29:27anybody it's not TR just give me time so
1:29:30I can talk to
1:29:31[Music]
1:29:32you say I saw it I heard
1:29:44it that I heard your
1:29:47voice how can you believe that is the
1:29:50point I heard you say it it's not I
1:29:53heard you heard
1:29:56anything and and now you come in the
1:29:58court and you you you your whole goal in
1:30:00this thing was to get publicity is that
1:30:02true to get to become a reality TV star
1:30:06is that your goal it was to get an
1:30:12act millions of people see you so you
1:30:14can become famous and Wealthy right yes
1:30:17and then you complain about getting
1:30:20publicity
1:30:22right is that what you're saying and now
1:30:24you're complaining that you got
1:30:25publicity
1:30:33at it's threatening me there are so many
1:30:35calls that I don't want to do this and
1:30:37and where are those calls everything
1:30:39that's in my defense is isn't here
1:30:41you're playing things but what about all
1:30:43the
1:30:52500o Mr Williams didn't play the rest of
1:30:55that jailhouse call did he no he didn't
1:30:58okay what did uh what did Mike
1:31:09Dilo
1:31:10transer he he said that um if I
1:31:13transferred the property to his name he
1:31:14would help me right so this is a guy
1:31:17that we're supposed to believe
1:31:22was
1:31:28the property into his name right yes so
1:31:30that's a possible motive for him to
1:31:32throw you under the bus in this planet
1:31:35correct yes that's
1:31:45correct I play for the judge my mouth
1:31:49shut that's okay your hon what did he
1:31:52can answer what what did uh what did
1:31:55Mike Dilo tell you when you were asking
1:31:58for help to keep my mouth
1:32:09shut he said he said in a couple of days
1:32:12it would be over and what did what did
1:32:14you interpret that to mean that he's
1:32:16going to come forward and say that all
1:32:17of this was part of the
1:32:22present
1:32:28so we're clear in this in this case did
1:32:31your plan for a script turn in turn to
1:32:37something other than a
1:32:51script were you afraid during this
1:32:54undercover investigation yes I was
1:32:58afraid
1:33:00and was your behavior in the videotapes
1:33:05that the court
1:33:19is have no further questions you're
1:33:22thank down J can I can I replay the rest
1:33:25of the tape
1:33:26please uh
1:33:30you
1:33:33asking reer and then he gets re
1:33:37redirect I just want to play the rest of
1:33:39the tape while she's up
1:33:52there
1:33:58I think the TV has to be on
1:34:04Judge oh it's connected it's up on myen
1:34:07oh it is but it's you don't have any
1:34:08sound right I guess the only speakers
1:34:10are mine the only sound is there but I
1:34:12don't know why the sound pluged in on
1:34:15yeah I've got sound everywhere but no
1:34:16sound
1:34:22here
1:34:24[Music]
1:34:41[Music]
1:34:52you
1:34:57n for some reason it's not playing
1:34:58that's all
1:35:06right okay additional Witnesses from the
1:35:09defense to call Frank Ramsey the
1:35:12[Music]
1:35:22stand
1:36:07raise your right hand you s tell the
1:36:08truth the whole truth and up about the
1:36:22TR thank your honor good afternoon Mr
1:36:24Ramsey good afternoon you and I met for
1:36:27the first time a couple months ago when
1:36:29I took your deposition do you remember
1:36:30that yes I do great
1:36:33um can you tell us when you first
1:36:35started working in law
1:36:44enforcement strike that what what were
1:36:46your job duties within New York City
1:36:47Police Department I did Patrol work you
1:36:49know uniform services and how long did
1:36:52you do Patrol work with the New York
1:36:54City Police Department 1988 4
1:37:07years job title at BO Beach PD police
1:37:11officer and
1:37:13[Music]
1:37:15um over the course of your uh how
1:37:22long
1:37:28in August of 2009 yes I was tell the
1:37:32court uh briefly about your specialized
1:37:35training on working with
1:37:37informants well I had uh many years of U
1:37:40informant training back in the 90s uh I
1:37:43worked our vice narcotics unit and uh we
1:37:46receive a lot of additional training we
1:37:48go to schools put
1:37:52on
1:37:57I would say I have probably about 500
1:37:59hours of training and confidential
1:38:01performance as far as control and
1:38:03documentation and over the course of
1:38:05your career prior to August 2009 you had
1:38:09personally worked with and supervised
1:38:12approximately 100 informants is that
1:38:15true true and tell us a little bit
1:38:22about
1:38:27training by the bo Beach PD they have a
1:38:29policy and
1:38:30procedure putting aside the policies and
1:38:32procedures okay no right Buon Beach PD
1:38:36doesn't provide any sort of training
1:38:37whatsoever on the use of undercover
1:38:41informance correct it is no in-house
1:38:42training related to that
1:38:51no you have to go out on your own and
1:38:55get your specialized training right
1:38:57that's correct and you did that right
1:38:58yes in fact you were probably the most
1:39:02experienced uh law enforcement Personnel
1:39:04at Boon Beach PD in August 2009 in the
1:39:08handling of inform isn't that true I I
1:39:11could
1:39:22have
1:39:36when did you become a sergeant at Point
1:39:37Beach PD uh
1:39:431991 and back in 2009 did Boon Beach
1:39:46Police Department have a policies and
1:39:48procedures manual yeah they have a it's
1:39:50not a manual it's
1:39:52on
1:40:00so so back in 2009 at Boon Beach PD if I
1:40:04was hired to work there as a detective I
1:40:06wouldn't be provided any kind of written
1:40:08book with any procedures correct not a
1:40:11written book no right I I would have to
1:40:13go back somehow in a computer system and
1:40:16figure out what all the directives are
1:40:18at Boon Beach PD isn't that true yeah
1:40:20you log in you're assigned to log on
1:40:30that you Frank Ramsey are reading all
1:40:32the directives that apply at the police
1:40:34department isn't that true yeah no one's
1:40:36looking over your shoulder correct and
1:40:38in fact when a new directive comes out
1:40:42it's emailed to all the folks at BO
1:40:44Beach PD right yes and you click on and
1:40:49then you could just click a button
1:40:50saying you looked at it right correct
1:40:52and you do a digital signature that you
1:40:54reviewed it yes Bingo done nobody comes
1:40:57over and says hey have you read the new
1:40:59directive on the use of informance
1:41:01correct that's correct nobody comes over
1:41:03and says hey we're going to do a cring
1:41:05training class next week on it the
1:41:07proper use of informance correct correct
1:41:10and if there's an
1:41:12amendment to a pre-existing directive
1:41:15it's incumbent upon the police officer
1:41:17to go back and figure out what the prior
1:41:19directive was correct that's
1:41:22correct
1:41:32I'm going to ask you some a couple
1:41:33questions about based on your experience
1:41:36what you're supposed to be
1:41:37doing when you use an informance in an
1:41:41undercover sting operation what is the
1:41:44first thing that you should do when you
1:41:46are utilizing informant to determine
1:41:49whether that informant is reliable and
1:41:52credible well it's it's not a one
1:41:55sentence
1:41:56answer there's a lot more to do than
1:41:58first of all when a person comes to as
1:42:00an informant or wants to be an informed
1:42:02you have to look at the motives why
1:42:03they're there in the first place so a
1:42:14person wants nothing in return they just
1:42:17want to help solve a crime but if we're
1:42:19going to use the scenario with a drug
1:42:20rated case a person is looking for some
1:42:23sort of
1:42:26um what's the word I look for agreement
1:42:29that in R of their services that you
1:42:32won't charge them with certain
1:42:36other or be investigated for and in
1:42:39those cases you would work with the
1:42:40state attorney's office and sit down
1:42:42with that person and like I said the
1:42:44process initially on any informant is to
1:42:47determine who they are what their
1:42:48background is what their motivation is
1:42:50and then is there any warrants any
1:42:53probationary issues
1:43:02because say this person is going to be
1:43:05Comm an informant and you mentioned the
1:43:08reliability how do we corroborate their
1:43:10reliability well obviously if they've
1:43:12testified before worked before with
1:43:14another department uh have any other
1:43:22credible
1:43:26so in a drug case you tell me you could
1:43:28buy drugs from house X okay well what
1:43:31I'm going to do is I'm going to put a
1:43:32wire on you we're going to set up
1:43:34surveillance we're going to search
1:43:43you and everything's observed and
1:43:46documented accordingly that's your
1:43:48reliability now being established so
1:43:50when someone walks in the door we don't
1:43:52have any credibility factors up front we
1:43:54don't know anything about
1:44:02them what the motivation is get that all
1:44:05cleared up and then there has to be a
1:44:07clear line to establish their
1:44:08credibility and P reliability so
1:44:10therefore in this case once you came
1:44:12back with the drugs I would now be able
1:44:15to
1:44:22establish
1:44:24so that it's a building it's a building
1:44:26block it's a process and is there well
1:44:29this you were involved in the doll Dio
1:44:30investigation yes I was all right and
1:44:33you you you understood that this
1:44:34gentleman named
1:44:44Muhammad uh possibly wanting to harm her
1:44:48husband right corre now what would be
1:44:50the first thing you would do to to vet
1:44:53This
1:44:54Confidential uh inform uh civilian
1:44:57informant well first of all as I
1:45:07said in what is criminal history may or
1:45:09may not be while that's happening we're
1:45:11also trying to establish who the wouldbe
1:45:14suspect is and who the would be victim
1:45:16is to establish is there such a person
1:45:18named Dalia does that person live in
1:45:20this area does she exist Who is the
1:45:23supposed victim where do they live where
1:45:32they that are needed to be investigated
1:45:35cuz someone's life is in
1:45:36Peril right now now wouldn't you want to
1:45:39know Mr
1:45:41Ramsey the last name of the suspect of
1:45:46course and you're aware in this case
1:45:48that Mr shiti walked into the Boon Beach
1:45:50PD meets with Detective Marina and says
1:45:53hey I know this G named Delilah she
1:45:56wants to harm her husband hey what's her
1:45:59last name I
1:46:06don't how am I supposed to identify who
1:46:09the would be suspect is without any
1:46:10further information than theila what do
1:46:12you want to know about the suspect why
1:46:13is that important because if I let's say
1:46:16the name was John Doe right in this case
1:46:19and I was able to pull John Doe up on
1:46:21the computer and John Doe had
1:46:31vience of course it starts to lend to
1:46:33the story possibly putting someone's
1:46:34life in Peril with the name Delila I
1:46:38have no clue where to start right and
1:46:40you and you don't even know before you
1:46:42hire on this undercover
1:46:45informant whether Delilah has a criminal
1:46:48record correct correct you don't even
1:46:50know whether this woman Delila
1:46:53has been subjected to any kind of
1:46:54criminal investigation right no we have
1:46:57no information correct and did the Boon
1:46:59Beach PD have any information on the
1:47:02alleged victim no when the when shahadi
1:47:05walks in no and you need to know
1:47:14that because if if if the boy Beach PD
1:47:17truly felt like Mike Deo and his life
1:47:20was in danger they would want to let him
1:47:22know right of course and isn't it true
1:47:24in this investigation that not one
1:47:26single time did anybody at Boon Beach PD
1:47:30ever
1:47:51pi
1:47:56now if something came back on a
1:47:58background
1:48:08check whether anybody at BO Beach PD
1:48:12bothered to retrieve any of the Court
1:48:13rated documents regarding a domestic
1:48:15violence charge against Mr sh I do not
1:48:18have any information related to that sir
1:48:19but you would do that right
1:48:21yes
1:48:31let's talk a little bit
1:48:34about what your protocol has been over
1:48:37the years working with
1:48:39informance
1:48:49when interviews with that inform it yeah
1:48:54not necessarily your initial contact
1:48:56with the person you when they walk in
1:48:58the door I mean you just meet them for
1:48:59the first time the break out of record
1:49:01is Not
1:49:10Practical through it again with you
1:49:11asking questions and then obviously
1:49:13swear the person in on a recorded device
1:49:16when were you first contacted about the
1:49:18this investigation regarding a gal named
1:49:21Delila uh Detective B Brown called me I
1:49:24was the on call supervisor that
1:49:34night woman that wanted to have her
1:49:37husband killed so at that point being
1:49:40it's unusual to get that type of event I
1:49:43responded to the police station
1:49:46now uh what's a confidential informant
1:49:49agreement it's it's basically uh
1:49:53a dossier about four or five forms all
1:49:56your pedigree information from your
1:49:58Social Security date of
1:50:07birth uh we we fingerprint to add that
1:50:10into the file if it's done correctly um
1:50:12you also have um next of K all the other
1:50:15stuff criminal history background check
1:50:18uh it's basically a little portfolio we
1:50:20would put together on the person it's
1:50:21pretty extensive is it it yes it's many
1:50:23pages long right yes it sets forth the
1:50:27parameters of a relationship between the
1:50:30detective or sergeant and the undercover
1:50:33forat right correct isn't it important
1:50:36Mr Ramsey for you as a law enforcement
1:50:44off and every provision that he or she
1:50:47is signing on to yes and it's your
1:50:50custom in practice to go through
1:50:54each paragraph of that confidential
1:50:57informant package with the informant so
1:51:00that he or
1:51:08she into this courtroom a month ago and
1:51:11he told the judge under oath that
1:51:15detective Marina only spent a few
1:51:16minutes on the confidential informant
1:51:18packet and didn't explain any of the
1:51:21provisions in the conf Financial enement
1:51:23package you would be critical of that
1:51:25correct if that were true yes if that's
1:51:28true and that would
1:51:39not the confidential informant to be to
1:51:43have an extend agreement because it
1:51:45needs to be clearly outline to the
1:51:47individual that they don't have police
1:51:51power
1:51:58known F I mean it's it's a detail this I
1:52:00can't give you everyone but basically
1:52:03it's to make sure they understand when
1:52:04they leave that room they can't do
1:52:07anything about that case without your
1:52:09direct involvement and direction right
1:52:12great point you you if you're
1:52:14supervising an informant you've
1:52:21got
1:52:23the informant does or doesn't do under
1:52:26your direction is of evidence so if the
1:52:29person makes contact with an individual
1:52:32without our knowledge and let's just say
1:52:34a shooting
1:52:42occurs very detailed don't do these
1:52:44things don't interact with these people
1:52:47period unless we are with you
1:52:48supervising this
1:52:50incident okay I'd like to show you a
1:53:09document thank
1:53:11you
1:53:13apprach thank
1:53:17you Mr R you take a look at exhibit for
1:53:21and then tell us briefly what it is
1:53:25that's our Point Beach Police Department
1:53:27index code 1622 uh of July 23rd
1:53:322007 right so
1:53:40this I want to refer you to page
1:53:44uh three of
1:53:46exhibit four and you see down paragraph
1:53:50three the highlighted section yeah can
1:53:52you read that for me an informant will
1:53:55be deactivated when he or she the
1:53:57ability to furnish information or
1:53:59Services of use to the police department
1:54:02when he or she is no longer willing to
1:54:04cooperate with the Department okay and
1:54:07that's called deactivation correct yes
1:54:10and the third word in that sentence says
1:54:12will right correct it
1:54:21does
1:54:24three how many years did you have in law
1:54:26enforcement 27 all right in your 27
1:54:28years of experience in law enforcement
1:54:31and over a 100 times working with an
1:54:32informant if an informant told you hey
1:54:36hey Sergeant ramay I don't want to be
1:54:38involved in this undercover operation
1:54:40anymore I don't want to do it what would
1:54:42you do well I'd have to allow him not to
1:54:45do it
1:54:51anymore
1:54:55to cooperate we can't force him
1:55:02to so Mr shahadi walked in here a month
1:55:05ago he's the undercover forant the DPO
1:55:08investigation and he testified in his
1:55:10courtroom several times I I don't want
1:55:13to be involved in this investigation
1:55:14anymore the proper protocol the
1:55:17detective Marino should have followed
1:55:19under Boon Beach police department
1:55:21policies and procedures is to deactivate
1:55:24and remove Mr shahai from the
1:55:26investigation correct
1:55:31correct may I have
1:55:50that based on your 20
1:56:00that yes and in this case we have
1:56:03evidence of over 560 phone calls between
1:56:07shahadi the informant and DPO the
1:56:10suspect that were not recorded you would
1:56:12be critical of that correct yes and why
1:56:14are you critical of that cuz I don't
1:56:16know what was being said and again
1:56:18everything we do with an informant we
1:56:20want to use for evidentiary purposes we
1:56:22to be able to corroborate it and state
1:56:24it's true why do you want to know why do
1:56:26you want to have the
1:56:36phone themselves and the informant is
1:56:39following our protocol it's good for us
1:56:41if the informant is not following the
1:56:43protocol and saying things that he
1:56:44shouldn't say it's also good for us
1:56:46because then we could you know bring the
1:56:48informant in and explain that they're
1:56:51stepping
1:56:59and also because if the suspect is
1:57:02saying to the informant I don't want to
1:57:04do this anymore I'm scared or I don't
1:57:07want to be part of the same you would
1:57:09want to know that as well of course yes
1:57:11why you want to know that because at
1:57:13that point if the if the suspect is now
1:57:16stepping away from what we would
1:57:17consider in this case a solicitation
1:57:19crime we would have to then act on what
1:57:22had at that point whether we had problem
1:57:23Clos or not to continue the
1:57:25investigation and take the person into
1:57:27custody or continue the investigation so
1:57:30yes it's critical to know what the
1:57:31suspect is
1:57:40saying you know what a debriefing is
1:57:42right yes sir what what's a debriefing
1:57:45in the context of using an informant and
1:57:47an undercover sting operation well the
1:57:49debrief uh before the actual sting
1:57:53operation would occur the inform is you
1:57:55know given the plan they they're you
1:57:58know like I said searched make sure they
1:58:00have no types of uh monies or any other
1:58:03types of evidence drugs any type of
1:58:05Contraband on them at all they are then
1:58:07provided with the investigative funds to
1:58:09be used to make the purchase they are
1:58:11given the route to
1:58:19take Contraband weapons Etc
1:58:22and then we have to have eyes on them
1:58:24and they're explained this is what you
1:58:25do you go here you're going to get $40
1:58:28worth of whatever it is and that's it
1:58:31and when you come back you come back
1:58:32this specific way so it's important that
1:58:34they be debriefed up front to
1:58:43know we debrief again and go over any
1:58:47possible changes that may have occurred
1:58:49things that went un according to plan
1:58:51maybe the wired device that was on the
1:58:53inform and stopped working maybe one of
1:58:55our surveillance teams lost sight of
1:58:57them that's what the second debrief
1:58:59would be
1:59:00for would you agree with me Mr Ramsey
1:59:02that at no time should an
1:59:05informant be in the field on their own
1:59:09willly neilly doing their own thing yes
1:59:11I would agree with that and and why is
1:59:14that
1:59:15important because like you just said I I
1:59:18don't mean to laugh it was funny when
1:59:20you say willy-nilly but uh when
1:59:22someone's running around out there on
1:59:23their own devices they're not working in
1:59:26concert with law enforcement anything
1:59:28they're doing is subject to suspicion on
1:59:30my
1:59:39part
1:59:42uh and when you agree that proper
1:59:44protocol in supervising an
1:59:46informant is to not allow them to do
1:59:49anything unless you're they are
1:59:51supervised we're controlled in fact that
1:59:53is in the confidential informant package
1:59:55correct yes it
1:59:59is everything you do with an informant
2:00:02is critical correct
2:00:13yes an informant making 680 phone calls
2:00:17in 4 days that means they weren't
2:00:19controlled correct correct
2:00:29when you well let me ask you this
2:00:32instead do you believe it's appropriate
2:00:35for a
2:00:43poli he or she does not continue to
2:00:47participate in an undercover
2:00:49investigation no that's not legal
2:00:52that's completely off limits correct
2:00:54correct right so again want you to
2:00:57assume truthfully Shah's in here a few
2:00:59weeks ago he says he was told by Boon
2:01:02Beach PD if you don't continue on this
2:01:05undercover operation if you don't set up
2:01:17me as you said if it's true it would be
2:01:19inappropriate yes it's unacceptable
2:01:22right
2:01:25correct and it violates all blon Beach
2:01:28Police Department policy and common
2:01:30sense as well correct
2:01:49yes mamed Shah you you were you were
2:01:52part of that right correct what was your
2:01:54involvement in the uh in the Chile's
2:01:56meeting I was on a perimeter uh unit
2:02:00with Sergeant
2:02:02bonafair on the perimeter you mean
2:02:04outside outside yes outside
2:02:13the shahadi and DPO inside chil's
2:02:16restaurant right yes right
2:02:20now we we have two versions in this case
2:02:23about whether
2:02:25shahadi was wired before he went into
2:02:29Chile's let me let me talk about the
2:02:31first version want you to assume that
2:02:35shahadi was not wired when he went into
2:02:40the Chile's restaurant to have a
2:02:4140-minute encounter with Dalia Dilo you
2:02:44would have a problem with that correct
2:02:46yes and why should Muhammad shahadi have
2:02:50been wired when he went into the ch's
2:02:52restaurant for control and
2:02:56evidence cuz you want to know what
2:02:58they're talking about right yes you want
2:03:00to hear what's being said right mhm yep
2:03:03and why do you need to hear what's being
2:03:05said why is that so important in this
2:03:06investigation again it's all going to be
2:03:08come down to being part of evidence if
2:03:10if the suspect is making incriminating
2:03:12statements to further a crime it's going
2:03:15to be important later on in our court
2:03:18proceeding and we don't have one second
2:03:30all right now let's talk about the
2:03:32excuse that was given for not wiring
2:03:35shahai when he went into
2:03:37Chile uh you learned through Sergeant
2:03:42Sheridan about
2:03:44why actually Sergeant bonafair was in
2:03:47charge of the
2:03:50equipment
2:03:58well in your course of working 203 20
2:04:00some OD years with Bo Beach PD it's
2:04:02customary for your folks to pick the
2:04:05phone up if there's truly a malfunction
2:04:07and call Del Police Department Palm
2:04:09Beach County Sheriff's department and
2:04:11say hey here right yes that's done all
2:04:14the time right yes all
2:04:20right
2:04:25a
2:04:26malfunction of Shah's wire before he
2:04:29went into
2:04:30Choice upon knowing that you have an
2:04:32equipment failure of that magnitude
2:04:34which is important and critical in this
2:04:36type of meeting situation it should have
2:04:38been delayed the informant should have
2:04:40been controlled by the agent and told to
2:04:43contact the suspect on a recorded line
2:04:45with the agent president and delay the
2:04:48meeting while we got the equipment from
2:04:50an adjoining agency
2:05:00to approach Sant sharid and to express
2:05:02how you
2:05:03felt this should go down correct yes I
2:05:06did request that we delay the meeting
2:05:08and reach out to a Del or PBSO and get
2:05:11another
2:05:12unit right you're the guy at Boon Beach
2:05:15PD with the most experience in dealing
2:05:18with informant and you take it upon
2:05:20yourself to go over and find Shar
2:05:31in actually on the phone initially at
2:05:34the scene with sergeant bonfair and said
2:05:36we do not have a wire for the informant
2:05:39we need to delay and maybe we need two
2:05:42hours we I'll reach out to Del he told
2:05:44me to come into the
2:05:50state
2:05:54it's hard to remember everything I'm
2:05:56hear oh did he tell it's my fucking Cas
2:06:03the he curse at
2:06:06you I'm I miss I'm I allowed to answer
2:06:09the question judge well there's not
2:06:11objection to pending question I sustain
2:06:12objection okay all right so go ahead I'm
2:06:15sorry he cursing you he got upset and
2:06:18used F language
2:06:20yes
2:06:28investigation right basically shrug you
2:06:31off right that is true he wanted to make
2:06:34sure that he he got this uh I don't know
2:06:37why he still going on with it no I
2:06:39withraw the question I I withraw the
2:06:41question yeah I withraw
2:06:50it
2:06:53Beach PD I think has 17 police officers
2:06:56surrounding Chile's restaurant right
2:06:59yeah we had no emergency situation that
2:07:01would have prevented a delay right
2:07:03that's my point she's sitting she
2:07:05meaning delito is sitting in Chili's
2:07:08with Shih let's and on this scenario
2:07:11we're saying he's not work and you have
2:07:14everything under control because you've
2:07:15got all the whole perimeter surrounded
2:07:17you're not aware of anybody else she's
2:07:19speaking to about killing her husband
2:07:21right correct all
2:07:23right so it's not an emergency and in
2:07:26your estimation there was time to delay
2:07:28this a couple hours and get a wire
2:07:31somewhere else get shahadi wired to
2:07:33preserve the Integrity of this
2:07:35investigation isn't that true that is
2:07:36true and it didn't happen did it no it
2:07:39did
2:07:48not let's talk about the other
2:07:59he was wired and before I ask you about
2:08:01that you personally never observed or
2:08:04patted down shahadi before he went into
2:08:07chili correct I have no physical or or
2:08:10visual contact with him at all no okay
2:08:12so the the your your belief that he may
2:08:16have not been wired was based solely on
2:08:19what bonafair told you correct that's
2:08:20correct yes
2:08:22okay so shahadi has a different
2:08:33version one would expect that that audio
2:08:38recording of the conversation would be
2:08:40preserved into evidence correct that
2:08:41would be correct so we should have that
2:08:45audio recording of the 40-minute
2:08:48conversation between shahadi and Tipo as
2:08:51part of this investigation if he was
2:08:54wired correct if he was wired and it was
2:08:57functioning we would have that recording
2:08:58in evidence yes all right great because
2:09:00the proper police procedure at Boon
2:09:02Beach PD in August 2009 is
2:09:13to so
2:09:16if Shah's wired goes in
2:09:19Chili's the wire does isn't
2:09:22malfunction
2:09:50and
2:09:552009 the stage crime scene I I I don't
2:09:58have a report I'm sorry well it was it
2:09:59was a couple days after these these
2:10:01tapes between Deo and witty Jean right
2:10:05yes now wouldn't you agree with me
2:10:08that prior to the stage crime scene Boon
2:10:11Beach PD already
2:10:20had
2:10:21to do a staged crime scene correct well
2:10:25I would disagree as far as the
2:10:33need the
2:10:43purpose get the suspect to believe the
2:10:45Act was carried out then get her back to
2:10:48the police station and have the
2:10:50detectives have the opportunity to talk
2:10:51with her for a period of time to elicit
2:10:54a confession was the goal that that was
2:10:56the goal that's why I would disagree it
2:10:57wasn't a need did we need it as far as
2:11:00writing a problem cause affidavit no but
2:11:03to cinch up the case for further
2:11:05prosecution in
2:11:15court what happened then at the police
2:11:18station
2:11:19um at some Point did you were you in the
2:11:22police station after Mr was brought over
2:11:25there after um after she went into
2:11:35booking late in the day yep you Boon
2:11:38Beach PD did not need to create a staged
2:11:43crime scene in order to form a basis to
2:11:46arrest
2:11:50Mr
2:11:56and you were at the stage crime scene
2:11:58yes and uh did you sign a waiver to PE
2:12:03on Cops I believe so I believe we all
2:12:05had
2:12:06to do you know if witty Gan ever signed
2:12:08a waiver to appear in the cops I
2:12:19couldn't when you were
2:12:22over at the police station Did You
2:12:24observe Sergeant Sheridan questioning Mr
2:12:33no did you have a problem with anything
2:12:35that
2:12:44trans tell me the what goes to violation
2:12:48of policies and
2:12:50procedures
2:12:53violation of policies and procedures in
2:12:55of itself does not create a
2:12:57constitutional issue or due process
2:12:59issue they can follow policies to still
2:13:01violate proc they can fa follow
2:13:12policy your honor as to is to argument
2:13:15in the cases that these folks at BO
2:13:17Beach PD were more motivated by doing a
2:13:19good episode for the cop show at the
2:13:21expense of uh safeguarding Dio's
2:13:25constitutional rights question did he
2:13:27have a problem with anything they did at
2:13:30Boon Beach Police Department okay let me
2:13:31let me try to rephrase it did You
2:13:33observe Did You observe anything at the
2:13:36police department um that uh LED you to
2:13:41believe that uh things got out of
2:13:44control same thing relevance judge and
2:13:46I'm give a
2:13:49littlee well I answered earlier I was
2:13:52not present at the police department
2:13:54during mrito interviews and everything
2:13:58during that phas so I did not personally
2:14:00see anything at the police department of
2:14:03concern I didn't see anything you you
2:14:06you you saw them walk with in front of
2:14:08misso didn't
2:14:17you I don't know what the sergeant was
2:14:21thinking and what his reasoning was for
2:14:22doing it at the time I I so I can't I
2:14:24can't tell you yeah I have no
2:14:37idea normally when a person is in
2:14:40custody enough free to leave there's
2:14:42protocol by case law that the person
2:14:44would be given Miranda if a person
2:14:47doesn't feel that they're in our custody
2:14:49and control and they are free leave that
2:14:51it's not necessary so again I don't
2:15:03know would agree with me that Stephanie
2:15:06Slater posting the stage crime scene on
2:15:09YouTube within a few minutes after the
2:15:11stage crime scene is a violation of Boon
2:15:13Beach
2:15:19PD
2:15:24but I would agree with you that it
2:15:25shouldn't have been posted and why
2:15:27shouldn't it have been posted because
2:15:28it's an ongoing case and ongoing
2:15:29investigation that was just one small
2:15:31piece of that case and it shouldn't have
2:15:33been out for the public
2:15:49consumption
2:15:55and just a couple last questions you
2:15:59and yes and that was about the dolly Deo
2:16:02case right yes it was was in conjunction
2:16:04with the cops airing the episode I
2:16:06believe it was yes she set that up all
2:16:07right and that was within a few months
2:16:09after mrito was arrested correct yes it
2:16:12was relatively soon yes thank you sir
2:16:14for your time
2:16:19than
2:16:25by the fake crime scene how did that for
2:16:27the investigation no it didn't actually
2:16:30like I tried to explain we did it to
2:16:32enhance the
2:16:33investigation um how many times have you
2:16:36ever worked
2:16:45on you didn't work on either one no this
2:16:48one and one prior in the 80s okay and
2:16:50that was before you were there no was I
2:16:52was there already you there okay but you
2:16:54didn't work on that no sir and then so
2:16:58your whole career none the people that
2:17:00you were working with had any of them
2:17:02ever worked
2:17:10on it's a very rare rare occurrence uh
2:17:14and not only is it a rare occurrence the
2:17:17the stuff that you're able to create on
2:17:19a policy manual for confidential inform
2:17:21is because that something that occurs on
2:17:22a regular basis when you guys work
2:17:24confidential mors to do drug deals to
2:17:26find drug dealers and traffickers and
2:17:28and stuff like
2:17:37that what's going on here that is true
2:17:39yes me coming in off the street to you
2:17:41and telling you that someone I know not
2:17:44even that well is telling me about
2:17:46killing her husband I don't know where
2:17:48they live I don't know anything about
2:17:49her husband what do you guys do with
2:18:01that a very lengthy amount of time hours
2:18:03and hours trying to even drive through
2:18:05the area to locate cuz he had recalled
2:18:08possible locations trying to locate even
2:18:10where the residential Community might be
2:18:12and you guys yes we did
2:18:19and
2:18:24had to control phone calls between Mr
2:18:26shahada and the defendant and now you
2:18:29guys know what he's telling you truthful
2:18:31correct and there's no doubt about what
2:18:33he's telling you she's talking about
2:18:35hiring a hit man to murder
2:18:44mik W paying him were you no and he
2:18:47wasn't working off any cases no he had
2:18:49no personal moed in this to benefit him
2:18:53himself in any way
2:18:55speculation all the evidence that you
2:19:05have specific motive other than he
2:19:07wanted to intervene in someone's life
2:19:09being in Jeopardy so just morals that's
2:19:14it what information till today do you
2:19:19have
2:19:36he could speak to what he did
2:19:39but did you ever force him to continue
2:19:42working no
2:19:49sir
2:19:51I don't want to work anymore I want out
2:19:53I've never heard
2:19:57that when uh you did you speak with Mr
2:20:01shahad on a couple occasions only once
2:20:04um did he appear to you that uh very
2:20:08intelligent he seemed intelligent enough
2:20:10yes no yeah average intelligence I mean
2:20:13he didn't come across as a scientist
2:20:19or
2:20:25no I did
2:20:27not I know you told us that um that you
2:20:31guys could have delayed the meeting um
2:20:33that happened in
2:20:44Chile minutes earlier that she was going
2:20:46to meet you guys knew that Jean Woody
2:20:48was Woody jeene was going to meet with
2:20:49her right yes hour later right did you
2:20:52know that at the end of that telephone
2:20:53conversation before they met the Chili's
2:20:55that she told him that I'm not going to
2:20:56go through it I'm just going to go find
2:20:57my own guys to do
2:21:03this do you guys have control over
2:21:05anymore no and then we have a victim
2:21:09victim out there
2:21:12correct she could have done it herself
2:21:14correct
2:21:19you
2:21:24that's all I have thank you very much
2:21:26redirect no redirect okay you may step
2:21:28down thank
2:21:31sir any additional Witnesses from the no
2:21:34you're on state planed call witnesses I
2:21:37I just have I have one quick I don't
2:21:38know how long cross it's going to be who
2:21:41detective
2:21:49Marino
2:21:52I'm approaching the point I'm required
2:21:54to shut the courtroom down so I don't
2:21:56know how long this going take I mean I
2:21:57have very basic questions of him similar
2:22:00what I just asked detective Ry all right
2:22:02let's get started and we'll see we okay
2:22:19I'll
2:22:50and
2:22:58afternoon how's it going say your name
2:23:01Alex Marino and how to spell last name m
2:23:04oo and where do you work Bo Beach how
2:23:06long 18 and a half years all right and
2:23:09you're detective there what time what
2:23:11are you doing now I'm a road officer
2:23:13okay and were you detective back in 2009
2:23:16yes were you were sign this case yes all
2:23:18right uh just a couple questions did you
2:23:20deal with Mr Shah yes um did you ever
2:23:24threaten Mr sh any time no did you ever
2:23:27threaten him he said I don't want to
2:23:28keep uh helping you guys out and you
2:23:30threaten him with prosecution no did you
2:23:32ever threaten him any other way no um
2:23:35did Mr shahadi ever tell you I don't
2:23:37want to keep doing I don't want to work
2:23:38with you guys anymore no did uh when you
2:23:41met with him and went over the
2:23:42confidential inform agreement did you
2:23:44just basically sh in front of them him
2:23:46to sign in didn't let him read
2:23:49it no
2:23:53uh was Mr shahadi working off any
2:23:55charges with you no did you pay him no
2:23:58you did you pay him even after the fact
2:24:00no did he ever asked to get paid
2:24:19no
2:24:22um did you guys search DPO
2:24:25residents yes and uh tell the judge what
2:24:29do you guys find related to um scripts
2:24:33and paperwork and things on the computer
2:24:35talking about a a script for planning a
2:24:39hit that would be
2:24:42a something made for TV movie I did not
2:24:46nothing ever right you guys Mr like
2:25:07Dr Marino
2:25:10um is it true that you're you're you're
2:25:13pictured on the front cover of the book
2:25:15that came out about do Dio's case yes
2:25:19and it's also true that you're
2:25:21photographed at the
2:25:30book also true that back in August of
2:25:352009 Boon Beach PD had the
2:25:38capability of providing Muhammad shahadi
2:25:42a device to record all of his phone
2:25:45calls between he and Mr
2:25:49Dita
2:25:51are what exactly are you
2:25:54asking could you have given Muhammad
2:25:58shahadi a
2:25:59device to make sure
2:26:03that of the phone calls from
2:26:06Mr you weren't around yeah we could have
2:26:09provided him with a recorder
2:26:19yes
2:26:20according device correct what is the
2:26:23problem well that was a bad you know
2:26:24that's a good point that's a bad
2:26:26question I'll withdraw the
2:26:34question shahadi was in here saying that
2:26:36you called him numerous times to get him
2:26:38to set up a meeting with dpal is he
2:26:41lying no there was several conversations
2:26:44of
2:26:45course you call you you you you
2:26:49called
2:26:56you were urging him to call deita
2:26:59correct you weren't okay so shahadi is
2:27:02lying about that I can't speak with what
2:27:04he said but like my investigation
2:27:06describes um I was the assigned
2:27:08detective to it um I investigated to the
2:27:11best of my knowledge um it was something
2:27:14that was brought up to me I didn't seek
2:27:17uh the CI the information was brought up
2:27:19to us and we work the case at some point
2:27:22you found out there were over 600 phone
2:27:24calls made by shahadi to do Deo correct
2:27:27I couldn't tell you the exact amount
2:27:29well that would surprise you right
2:27:30what's
2:27:39that you're not even giving me a time
2:27:41span well over three days four days
2:27:44three days 600 yeah that's a lot right
2:27:46it is pardon me it is that's a lot right
2:27:48yeah you you probably would want want to
2:27:50know what was discussed between shahadi
2:27:53and too during those phone calls right
2:27:57uh of course and you want to know to
2:27:59preserve the Integrity investigation
2:28:11correct losing her yeah losing her what
2:28:14do you mean do you remember ever using
2:28:16that exact word losing
2:28:19her I don't recall
2:28:23okay and it's true you didn't know D's
2:28:26last name correct no is it know you is
2:28:30it that's a bad question did you know
2:28:33Dalia's last name you when you were
2:28:36working with the informant shahadi um
2:28:39before I got involved in this
2:28:41investigation and with the CI I didn't
2:28:43know who the defendant was I didn't know
2:28:45who the victim was I didn't even know
2:28:47who the CI
2:28:49was
2:28:58um oh and remember that Chili's
2:29:01encounter between shahadi and Dalo yes
2:29:04isn't it true that you felt like shahadi
2:29:08should have been wired before he went in
2:29:11there right it it would have been nice
2:29:12yes yeah you wanted to have him wired
2:29:14right yes it would have been nice
2:29:19okay
2:29:27Shah um the original the first time when
2:29:30we got involved
2:29:33yes you went to each page with him um
2:29:37it's been a long time I that's we
2:29:39usually do yes okay but do you have a
2:29:41specific recollection
2:29:49of
2:29:51throughout my career I was a Narcotics
2:29:53officer I had plenty of CIS throughout
2:29:55my career um was a detected for 8 years
2:29:59so for me to go back to a
2:30:10specific do you recall an interview when
2:30:12you first interviewed shahadi that they
2:30:14had to redo the interview cuz the
2:30:15officers were
2:30:16laughing no you don't remember that okay
2:30:19do you
2:30:28um they gave me the information of what
2:30:31was going on and the case was assigned
2:30:33to me I didn't know Mr shahadi um the
2:30:36story was given to me what was going on
2:30:39once we started our investigation we
2:30:41didn't know what to expect till we first
2:30:48had
2:30:52during the first meeting between the CI
2:30:55and the defendant all right so as I
2:30:57understand your testimony today under
2:30:58oath you believe that shahat is credible
2:31:02right yes all right so he testified here
2:31:05a few weeks ago you you you find him to
2:31:08be a credible person correct yes in this
2:31:10Cas great thank you sir for your
2:31:17time additional ads from the state
2:31:21don't have any other
2:31:24okay what do you guys want to do about
2:31:29some you're on if possible try to
2:31:32truncate it CU I got to head back to
2:31:34California in the morning and try to
2:31:35knock it out quickly well you're going
2:31:37to have to I again I it's not it's not
2:31:40my rule it's the comes down for the
2:31:42Chief
2:31:43Judges I'll do it quickly how much time
2:31:45do you think globally we could have your
2:31:47own 15 minutes or no you don't have
2:32:00I'll let you do that okay um I later
2:32:03this week if you really want to do it in
2:32:05person I can do that um but I've read
2:32:07the Mo Williams your response doesn't
2:32:09really tell me
2:32:10anything three pages long it doesn't
2:32:12really get what happened in his motion
2:32:14is he writes down this fact that
2:32:16happened this fact happened so therefore
2:32:17this is what happened I disagree with
2:32:19everything so therefore I know but I
2:32:21can't tell that from I mean basically
2:32:23your your response says I disagree with
2:32:26the facted Andes two tases so it doesn't
2:32:28really address some of these specific
2:32:30points yeah but if you look at those two
2:32:32cases every one of those points is
2:32:34addressed in
2:32:35there a bunch more so they're they're
2:32:38they they address all the issues that
2:32:39we're talking about in here they they
2:32:41lay it out factually we have very
2:32:43similar
2:32:48scenarios
2:32:52facts in the case I do need you to
2:32:54comment on them in your in your
2:32:55summation so um I'll give you guys five
2:32:59five minutes a piece at this point and
2:33:01if you ask me to suppl after that I'll
2:33:12consider Court follows the law in the
2:33:15case uh the law is cited in our brief um
2:33:20uh State versus
2:33:22Williams uh the best
2:33:25case it it's clear based on the law that
2:33:29the court looks at the totality of the
2:33:39circumstance of the Boon Beach Police
2:33:41Department starting from the the
2:33:43confidential informant packet before the
2:33:46investigation failing to control the
2:33:48informant uh over 600 phone calls uh not
2:33:52monitored not recorded well but the case
2:34:03La objective entrapment outrageous
2:34:06government conduct there has to be more
2:34:09there has to be something from the CI
2:34:11from the confidential inform in the way
2:34:13a threat or promise and so that comes
2:34:16down to a factual termin right but we
2:34:18have that your honor well we have argue
2:34:20me to do but you're saying as a matter
2:34:21of law it's not as a matter of law I
2:34:23have to make conclusions of fact as to
2:34:25who I believe as
2:34:35to fair enough but let me got three
2:34:37minutes left let me tell you the most
2:34:39powerful fact that that you can easily
2:34:42decide because Shah has absolutely no
2:34:44motive whatsoever none zero to walk in
2:34:48here and you just heard Marino he's a
2:34:50credible
2:34:57guy wanted nothing did not want to be
2:35:00involved didn't want to be wired he was
2:35:02threatened coerced had arguments with
2:35:04marino marino called him 10 times
2:35:06getting him to do it he and I've got
2:35:08quotes in here that I'd like to submit
2:35:11from his testimony as a supplemental
2:35:12brief those back standing
2:35:18alone
2:35:23and deactivated immediately and as a as
2:35:27a result of the failure to do that we
2:35:30then have fruit of the poisonous tree we
2:35:32have all these videotapes now that are
2:35:35the result of egregious misbehavior on
2:35:38the part of the police department that
2:35:40have ruined I'm not saying she's a
2:35:48saint
2:35:52created for by an informant who wanted
2:35:54no part of this should have been removed
2:35:56then you've got Stephany Slater clearly
2:35:59violating other procedures taking
2:36:02YouTube videos posting them for the
2:36:05world in
2:36:14clear committing falsifying a police
2:36:17report who's so desperate in frenzy to
2:36:20get a Cops TV show that he tries to
2:36:23falsify falsify a waiver form him he
2:36:26tries to to put a a a document in front
2:36:29of
2:36:30misso telling her
2:36:39some a statement I never heard what the
2:36:43statement
2:36:44was I mean I I don't understand I didn't
2:36:46hear testimony with respect to what it
2:36:48is that he falsify well he falsified the
2:36:51police
2:36:53report hear that test I heard there was
2:36:55an investigation
2:36:59about under investigation for falsifying
2:37:02State conclusions of the investigation
2:37:05but I heard he was under investigation I
2:37:07never heard evidence as to as to
2:37:08precisely what in fact you telling me
2:37:18it's with a material issue was it a not
2:37:21Material issue I'm not condoning that
2:37:22behavior you don't falsify anything in
2:37:24the police report it's sworn to it's
2:37:26under Ro it's pury to do so I'm not
2:37:29conding that behavior but I'm trying to
2:37:30assess the materiality of that in
2:37:32connection with the issues you've raised
2:37:34in this case I and maybe the state will
2:37:36tell me when they get up what it was
2:37:37about I don't know but I don't know what
2:37:39exactly was falsified
2:37:42well I know there was a falsification or
2:37:45an
2:37:48investigation
2:37:55with a major decision okay that
2:37:57recording or non-recording at Chile's
2:37:59restaurant this Court's heard two
2:38:01versions we've heard one version oh uh
2:38:04shahadi was not wired and there was a
2:38:06delay we heard shahadi I asked him twice
2:38:09your honor under oath twice and he's
2:38:12testified I've cited the deposition
2:38:13testimony as well he's been asked four
2:38:15times now under oath throughout this
2:38:17case were you wired when you went into
2:38:20Chile he said he's quote 100% sure he
2:38:24was taken down to the station and he's
2:38:26100% sure now you ask me why would
2:38:30shahai ever have
2:38:33any motive to lie about that fact in
2:38:37fact it would be the contrary you think
2:38:38he'd walk in here and say oh I wasn't
2:38:40wired I don't know he's W he he has no
2:38:43reason to lie to you about that now if
2:38:45this court believes that okay then we
2:38:49have an issue of intentional
2:38:58destruction a 40-minute encounter when
2:39:01Miss deito is has testified today that
2:39:04she's in fear and we've got evidence of
2:39:06shahadi saying yeah I'm I'm afraid now
2:39:09they've threatened to prosecute me he's
2:39:11putting pressure on DPO and he denied
2:39:14that though pardon me he Deni I mean he
2:39:17denied that he took the stand and said I
2:39:19mean you're telling me he's credible do
2:39:21doesn't have any bases liive but he also
2:39:22took the stand and said he never
2:39:24threatened thiso never showed her the
2:39:26gun right and she never said she wanted
2:39:28to back out of why would he why would he
2:39:31tell you that he has he had why
2:39:40ad Dido inside Chiles but he doesn't
2:39:44have a motive he has no motive to come
2:39:47in here tell you that he wanted nothing
2:39:49to do with this wanted him to not be a
2:39:51part of it and that he was wired inside
2:39:55of Chile's and I I will I urge the court
2:39:57again based on your comments I sounds
2:40:00like we don't have much of a shot on
2:40:01this but I will tell you if you look at
2:40:02the cases it's totality of the
2:40:04circumstances and that that recording
2:40:08shahadi if you believe him that he was
2:40:10recorded we are missing that recording
2:40:13well if I believe let me just put this
2:40:15in context if I believe that there is a
2:40:20recording there was a recording in other
2:40:23words a recording existed and it was
2:40:27destroyed or LW by the borne Beach
2:40:30Police Department then we have an
2:40:32Arizona versus Youngwood problem and
2:40:35apart from outrageous government conduct
2:40:37you have a due process claim under
2:40:39Arizona so that that is a significant
2:40:42issue if in fact a tape existed if
2:40:45there's evidence that a tape existed and
2:40:47it was destroyed
2:40:50I think that analysis then is Arizona
2:40:59versus finding is there but I mean
2:41:01that's a separate issue that can be
2:41:03raised by you know by a separate motion
2:41:06but in terms of so that is significant
2:41:09if in fact there was a tape that existed
2:41:11and it was destroyed if there was no
2:41:13tape and it was sloppy police work
2:41:16because there was no tape um that may be
2:41:19an issue but it's not an Arizona versus
2:41:21young BL issue it's a different issue
2:41:23all right and I'll leave you with
2:41:32this of the police report is important
2:41:35is because who do you want to believe do
2:41:38you want to believe a sergeant who who
2:41:40has lied in this investigation we have
2:41:42testimony in this
2:41:44case cats came in here today Chief cats
2:41:47told you that there there was there
2:41:49there was an internal affairs
2:41:50investigation regarding falsifying the
2:41:52police Bo so who are you going to
2:41:54believe Sheridan who has has shown that
2:41:57he's he's can easily lie or shahadi when
2:42:01it comes to wiring when shahadi shahadi
2:42:03has no motive at all on on the wiring
2:42:06part um and you know with
2:42:10that you know I I I will I I will submit
2:42:14uh to submit to your honor thank you for
2:42:16your thank you um Mr w
2:42:20any question why don't we yeah why don't
2:42:22we pick up with Shar nobody's told
2:42:25me testified so his
2:42:32credibil I was falsifying a statement
2:42:35that's all I've heard I don't know what
2:42:36that statement was except what Mr told
2:42:39me unun I understand that um in a police
2:42:42report I don't know whether what was
2:42:43said
2:42:48was
2:42:53all I know based on the evidence I have
2:42:55in front and then that's all we have for
2:42:56evidence judge cuz I don't know so you
2:42:58don't have an answer I don't know what I
2:43:00don't know what happened with it it's
2:43:01because it's an internal affairs
2:43:02investigation they they destroy them
2:43:04after a couple years I don't know what
2:43:05happened with it so I have no idea um
2:43:08but if you want to start with Mr shahad
2:43:11um you got the judge's credibility when
2:43:13is here and you saw when I
2:43:15cross-examined him how the facts that he
2:43:18gave on his Direct or
2:43:27exagger he you want to help out he he
2:43:30took Liberty with the word and his use
2:43:34of words we all to exaggerate and we
2:43:36know what his motive is because he was
2:43:38friends with her since 2000 2001 he
2:43:40doesn't want to be the guy that's
2:43:43sending her up the river that's not what
2:43:44he wants so he wants to distance himself
2:43:47make it look like the police forced him
2:43:49to do
2:43:57all in fact he even says that he calls
2:44:00Ian Goldstein as an attorney and we know
2:44:03Ian goldstein's not going to give him
2:44:04crackpot advice when he calls him
2:44:06so he just had a problem telling the
2:44:09truth and he and he has a good reason
2:44:10for wanting to do it the the thing about
2:44:12the the being wired makes no there's no
2:44:17logic to it at all because
2:44:27the cops are listening why would I
2:44:28threat to kill her and her family he
2:44:30would never do that he would never this
2:44:32is a guy who prepares scripts he's he's
2:44:35going to be in a movie they're going to
2:44:36be
2:44:43F think of so that uh you can throw that
2:44:47away that it's clear from this that the
2:44:49police did nothing wrong this is an
2:44:51active in it's the the fence is claim is
2:44:54that this is the way this investigation
2:44:55should go down really they had one
2:45:05in we rarely even see them here in our
2:45:08Courthouse that they don't happen
2:45:09anywhere but Bo Beach is supposed to
2:45:11know all these details you have a fluid
2:45:13situation that's going on where a woman
2:45:15is trying to find somebody to murder her
2:45:17husband and have it done by all
2:45:19she wants it done by August oh but
2:45:22they're supposed to follow
2:45:32procedure and that's what this that's
2:45:34the bottom line what happened here
2:45:36nobody violated her due due process
2:45:39rights that's it unless you have some
2:45:41questions
2:45:47got
2:45:53and there was testimony that there was a
2:45:56malfunction um and it's unclear to me I
2:45:58don't know what the position of the
2:45:59party is whether the
2:46:01malfunction allegedly occurred once he
2:46:03was wired and went in or mal the
2:46:05malfunction occurred before he went into
2:46:07the chili I I that timing is wasn't
2:46:10brought it was not made clear to me in
2:46:12the I think they they didn't I think the
2:46:14witnesses that testified didn't know
2:46:16they didn't know whether he had been
2:46:18wired it didn't work or when
2:46:27they intentionally destroyed then it's a
2:46:30due
2:46:31process which speci independent of all
2:46:35the rest of this absolutely agreed okay
2:46:39well depending on whether the tape was
2:46:41material exculpatory or potentially
2:46:43useful I guess matory would be due
2:46:47process potentially useful not um then
2:46:50you have that bad on but I guess that I
2:46:54don't really have a lot of evidence with
2:46:55respect to whether or not take AC or not
2:46:58I've got contct evidence with respect
2:47:01whether or not wired or
2:47:11not had he been in there threatening her
2:47:13and they had a tape and they destroyed
2:47:14it they're going to be talking to him
2:47:16about it trying to tell him hey be care
2:47:18care ful about this stuff and it's
2:47:20definitely going to be an
2:47:22issue no ST EV is an
2:47:33issue yeah what the f logic about it is
2:47:36now they need her friend to side with
2:47:39the police against
2:47:47her
2:48:17e

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