Amos Boone 2012 testimony, part 1

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    UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK

    - - - - - - - - - - - - X

    UNITED STATES OF AMERICA, : 10-CR-87

    Plaintiff , :United States Courthouse

    -against- : Brooklyn, New York

    DONTAE SEBBERN, :DEXTER WAITERS,

    December 12, 2012Defendant. : 9:30 o'clock a.m.

    - - - - - - - - - - - - XTRANSCRIPT OF TRIAL

    BEFORE THE HONORABLE SANDRA L. TOWNESUNITED STATES DISTRICT JUDGE, and a jury.

    APPEARANCES:

    For the Government: LORETTA LYNCHUnited States AttorneyBY: SHREVE ARIAIL

    KEVIN TROWEL

    DAVID SARRATTAssistant United States Attorneys271 Cadman Plaza EastBrooklyn, New York

    For the Defendants: LLOYD EPSTEIN, ESQ.ANDREW GABLE, ESQ.Attorneys for D. Sebbern

    MARK DeMARCO, ESQ.KARLOFF COMMISSIONG, ESQ.Attorneys for D. Waiters

    Court Reporter: Charleane M. Heading225 Cadman Plaza EastBrooklyn, New York(718) 613-2643

    Proceedings recorded by mechanical stenography, transcriptproduced by computer-aided transcription.

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    (In open court; jury not present.)

    THE CLERK: Criminal cause for trial, docket number

    10-CR-87, the United States of America versus Dexter Waitersand Dontae Sebbern.

    Counsel, please state your names for the record

    beginning with the government.

    MR. ARIAIL: Good morning, Your Honor. Shreve

    Ariail, David Sarratt and Kevin Trowel with Joel Kaleta for

    the United States.THE COURT: Good morning.

    MR. EPSTEIN: Lloyd Epstein and Andrew Gable for Mr.

    Sebbern. Good morning, Your Honor.

    THE COURT: Good morning.

    MR. DeMARCO: Mark DeMarco and Karloff Commissiong

    for Mr. Waiters who is here.THE COURT: Good morning. Please be seated.

    Juror Number Five called. You know, I don't let

    them have their cell phones upstairs, but when he went down to

    get his cellphone last night, he had a message that his mother

    had been rushed to the hospital and he called to say that she

    is having emergency surgery this morning and he will not behere.

    He gave us a telephone number for Long Island Jewish

    Hospital, but they won't give us any information and, you

    know, that's understandable.

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    So what's your position, beginning with the

    government?

    MR. SARRATT: Can we have just a moment, Your Honor?THE COURT: Yes.

    (Pause.)

    MR. SARRATT: Your Honor, under the circumstances, I

    don't know what else we can do except excuse the juror or

    wait, but given the holidays looming, we do still have two

    alternates. I think from my perspective, the best course isto move ahead.

    THE COURT: Yes. We have three alternates.

    MR. SARRATT: I thought we excused one last night.

    THE CLERK: Yes. You had four.

    MR. SARRATT: Sorry. I meant to say this will leave

    us with two remaining alternates.THE COURT: Yes, you're correct.

    MR. SARRATT: If we excuse the juror.

    MR. EPSTEIN: Your Honor, I would prefer to wait.

    It seems to me the juror probably will be able to come back

    either later today or tomorrow.

    THE COURT: Well, I'm not going to wait untiltomorrow. I do have his cell phone number. I will endeavor

    to contact him to see if he can give me any time.

    We will adjourn just for a few minutes.

    (Recess taken.)

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    (In open court.)

    THE COURT: I spoke with Juror Number Five who

    indicates that his mother is 85.As I said, she was rushed to the hospital. She has

    had surgery. The family has not spoken to the doctors yet so

    he doesn't know the results of that and he can't give me any

    time limitations at this point.

    He asked if I could wait until noon and if he hears

    anything before that, he'll call me, but he thinks definitelyhe can give me information by noon time so I am going to hold

    off until noon to begin. All right.

    MR. SARRATT: Yes, Your Honor.

    MR. EPSTEIN: Thank you, Your Honor.

    THE COURT: Thank you.

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    A F T E R N O O N S E S S I O N

    (In open court; jury not present.)

    THE CLERK: Criminal cause for trial. Docket10-CR-70. United States of America versus Dontae Sebbern and

    Dexter Waiters.

    Counsel, state your appearances beginning with the

    government.

    MR. ARIAIL: Good afternoon. Shreve Ariail, David

    Sarratt, Kevin Trowel and Joe Kaleta for the United States.THE COURT: Good afternoon.

    MR. EPSTEIN: Lloyd Epstein and Andrew Gable for

    Mr. Sebbern. Good afternoon, Your Honor.

    THE COURT: Good afternoon.

    MR. DeMARCO: And Mark DeMarco and Karloff

    Commission for Mr. Waiters. Good afternoon, Your Honor.THE COURT: Good afternoon.

    Can Counsel come up? I just have a question to ask

    you.

    (Side bar conference.)

    THE COURT: Does the government intend to call

    Officer Edelman?MR. SARRATT: He will be our first witness in just a

    moment.

    THE COURT: Well, I do have to give a limiting

    instruction with regard to his testimony and if no one has

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    suggestions --

    MR. DeMARCO: Actually, Mr. Sarratt and I discussed

    broaching the subject with you at the side bar.THE COURT: Oh, okay.

    MR. DeMARCO: I'm sure the Court's general

    instruction about the evidence is to be, the statement is to

    be viewed against, as evidence against Mr. Sebbern, how --

    THE COURT: The statement.

    MR. SARRATT: Correct.THE COURT: But the selling itself, where he was

    arrested, he was in possession. Yes. I thought that was

    being offered to show the existence of the conspiracy.

    MR. SARRATT: That's true.

    THE COURT: And evidence of the conspiracy in Count

    Nine, the drug distribution.MR. SARRATT: That's correct. We think

    Detective Edelman's testimony is admissible against both

    defendants.

    MR. DeMARCO: No, but there's a stipulation -- I'm

    sorry.

    MR. SARRATT: But the statement, Mr. DeMarco and Iagreed a limiting instruction would be appropriate and he and

    I were discussing it just before.

    THE COURT: Yes. I think the limiting instruction

    has to go to the testimony of Officer Edelman because it's

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    testimony about an incident that is not charged in this

    indictment.

    MR. SARRATT: Oh, so you're saying --THE COURT: So I would have have to tell them that

    it's being offered by the government of proof, as proof that

    the conspiracy in Count Nine existed at this time and they can

    only consider it for that purpose and not propensity or --

    MR. SARRATT: You're right. That is the purpose for

    which it's being offered. I don't know if defense counselwants that instruction.

    MR. DeMARCO: I think that that would be more the

    government's argument in summation, Your Honor.

    THE COURT: You don't want the limiting instruction?

    MR. DeMARCO: Well, we never thought as to Officer

    -- no, not as to Officer Edelman. I do want a limiting as tothe statement that's going in by stipulation.

    THE COURT: Yes. Definitely.

    MR. SARRATT: Is it okay with you?

    MR. EPSTEIN: The statement is coming in against

    Mr. Sebbern in any circumstances.

    THE COURT: And I wanted to give a limitinginstructions for the statement no matter what.

    MR. DeMARCO: Right.

    THE COURT: But now I'm talking about the actual

    incident.

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    MR. EPSTEIN: No.

    MR. SARRATT: You do not want one?

    MR. EPSTEIN: No.MR. DeMARCO: Nor do I, Your Honor.

    THE COURT: If you don't want one, then I won't give

    it.

    MR. DeMARCO: Thank you.

    THE COURT: Okay. I'm glad I called you up.

    MR. SARRATT: Thank you, Your Honor.THE COURT: We'll bring the jury in. We have juror

    number five now.

    MR. SARRATT: Thank you, Your Honor.

    (Sidebar ends.)

    (In open court.)

    THE COURT: Well bring the jury in.(Jury enters.)

    THE COURT: Please be seated.

    THE COURT: Good afternoon everyone. Let the record

    reflect that all of the jurors are present, Counsel, both

    defendants.

    Mr. Sarratt?MR. SARRATT: Thank you, Your Honor. The government

    calls Detective Matthew Edelman.

    THE CLERK: Good afternoon. Please raise your right

    hand.

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    Edelman - direct - Sarratt

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    (Witness sworn.)

    THE CLERK: Thank you. Please take a seat.

    Please state your name and spell it for the record.THE WITNESS: Detective Matthew Edelman, last name

    is E-D-E-L-M-A-N.

    THE COURT: How do you spell your first name?

    THE WITNESS: M-A-T-T-H-E-W.

    MR. SARRATT: May I proceed, Your Honor?

    THE COURT: Yes.MATTHEW EDELMAN ,

    called as a witness, having been first duly sworn,

    was examined and testified as follows:

    DIRECT EXAMINATION

    BY MR. SARRATT:

    Q Detective Edelman, good afternoon.A Good afternoon.

    Q How are you employed?

    A By the New York City Police Department.

    Q And how long have you been with the NYPD?

    A Approximately eleven years.

    Q What's your current assignment within the NYPD?A I'm a detective in the Staten Island gang squad.

    Q How long have you been in that position?

    A Approximately six years.

    Q What was your assignment with the NYPD before that?

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    Edelman - direct - Sarratt

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    A I was assigned to the Staten Island anti-crime unit.

    Q And what about before that?

    A Before that, I was in the 123 precinct. Before that, Iwas a housing cop in Brooklyn.

    Q Okay. Where's the 123 precinct?

    A That's the south shore of Staten Island.

    Q I want to direct your attention now to June of 2005.

    What was your assignment at that time?

    A My assignment was the Staten Island anti-crime unit.Q And specifically now, I'll direct your attention to the

    date of June 13, 2005.

    Were you working that day?

    A Yes, I was.

    Q Did you arrest anyone?

    A Yes, I did.Q Who did you arrest?

    A I arrested an individual by the name of Dontae Sebbern.

    Q Where, where did you make that arrest?

    A I made that arrest on Castleton Avenue and Port Richmond

    Avenue and I see that individual in court today.

    Q The individual you arrested?A Yes, I do.

    Q If you will, please, stand and then you can indicate

    where he's sitting by an article of clothing he's wearing?

    A He's wearing a black suit with a blue shirt. He's the

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    Edelman - direct - Sarratt

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    second person sitting at that table right there.

    MR. SARRATT: Indicating the defendant, if the

    record may reflect that.THE COURT: Yes.

    MR. SARRATT: The witness has identified the

    defendant.

    Q You arrested Dontae Sebbern that day and you said on

    Castleton Avenue and Port Richmond Avenue?

    A Yes.Q What neighborhood is that?

    A Port Richmond.

    Q And that's on Staten Island?

    A Yes, it is.

    Q How is it that you came to arrest the defendant Dontae

    Sebbern?A I observed a vehicle, it was an older model tan Honda

    Accord, traveling on Castleton Avenue. There was no rear

    license plate on the vehicle so I conducted a car stop on that

    vehicle.

    I exited my vehicle and as I approached the Honda

    Accord, I observed what appeared to be a temporaryregistration plate hanging in the back window.

    Q A temporary license plate?

    A Right.

    Q Okay.

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    Edelman - direct - Sarratt

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    A Unfortunately, I couldn't make it out because the back

    window was tinted so heavily. I could not make out the

    specifics of the paper plate.As I approached the driver's side of the Honda

    Accord, I observed the defendant, Mr. Sebbern, he was seated

    in the car, in the driver's seat by himself. Nobody else was

    in the vehicle. I asked him to step out of the vehicle and

    hand me the paper plate for inspection.

    Q You asked him to give you the paper plate?A Yes.

    Q Okay. Did he do that?

    A Yes, he did.

    Q Okay. What happened next?

    A At that point, I inspected the paper plate and realized

    it was fake.Q How could you tell it was fake?

    A Well, the color scheme was completely off. It was

    supposed to be blue and the colors were yellow. The dealer

    was supposed to fill out his information. It wasn't. There

    was no information, the address of the dealership. There was

    no dealer signature and there was no expiration date on thepaper plate.

    Q So based on your experience then, just by observation,

    you believed that the temporary tag was a fake?

    A Yes.

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    Q Okay. So what did you do at that point?

    A Well, I asked him where he received the plate from and he

    stated to me that he paid $150 on the street for it.Q So what did you do at that point?

    A At that point, I placed him under arrest for possession

    of a forged instrument.

    Q Okay. What happened after you placed him under arrest?

    Did you ask him for a driver's license or anything

    like that?A I remembered he had a New York State permit. I don't

    believe he had a driver's license.

    Q It was just a learner's permit?

    A I believe so.

    Q Okay. So you placed him under arrest, you said.

    What did you do?A Well, we went back to Staten Island central booking which

    is located at the 112 precinct. At that point, I conducted a

    search incident to lawful arrest of the defendant and during

    that search, I recovered 27 small purple Ziploc bags of crack

    inside his left sneaker in the front where your toes would be

    wrapped in plastic Saran wrap.Q They were all, all of the bags of crack were in one

    larger bag?

    A All those smaller purple zips were located in like a

    plastic wrapper.

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    Q Okay. How many bags did you say it was?

    A Twenty-seven.

    Q I want to back up for a second.As you're on the way to the precinct, do you

    remember the defendant saying anything to you?

    A To me?

    Q Let's say to anyone else.

    A Well, as I was putting him in the, in my police vehicle,

    he recognized somebody walking down Castleton Avenue. He'sunidentified. I don't know who he is. He must have known him

    from the neighborhood but I remember him yelling to this

    individual to go to his house and get his sneakers in his

    house because he didn't want to go to the precinct with the

    sneakers he was wearing. So he kept repeating: Go home, get

    my sneakers, go home, switch my sneakers, go home, get mysneakers.

    I didn't allow that to happen and just drove away

    from the location.

    Q Okay. And where did you find the crack?

    A In the sneaker.

    Q Now, you said it was crack cocaine. How did you or howdid you know it was crack cocaine?

    A Well, from my prior arrests and training, experience, as

    well as a lab result from the police lab.

    Q Okay. But at the time, you simply observed that it

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    appeared to you to be crack cocaine?

    A Yes.

    Q And that was based on your training and experience as apolice officer?

    A Correct.

    Q Can you just describe for the jury what the substance

    physically looked like?

    MR. EPSTEIN: We'll stipulate that it was crack

    cocaine.MR. SARRATT: That's fine.

    THE COURT: All right.

    Q What did you do with the crack cocaine after, after you

    recovered it then?

    A I vouchered it which is taking it into official police

    department custody. It's assigned a unique voucher number forfuture reference and that crack was sent to the police

    laboratory for analysis.

    Q In preparation for your testimony here today, did you

    check with the property clerk to see if that crack cocaine

    that you had vouchered was still in existence?

    A Yes, I did.Q And was it still in existence?

    A No.

    Q And were you informed that it had been destroyed?

    A Yes.

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    Edelman - direct - Sarratt

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    MR. SARRATT: Your Honor, no further questions for

    Detective Edelman at this time.

    THE COURT: Mr. Epstein?MR. EPSTEIN: No questions.

    THE COURT: Mr. DeMarco?

    MR. DeMARCO: No questions.

    THE COURT: You may step down. Thank you.

    (Witness steps down.)

    MR. SARRATT: Your Honor, at this time, thegovernment would like to read a stipulation which has been

    marked ST-10.

    THE COURT: Yes.

    MR. SARRATT: It is hereby stipulated and agreed by

    and between the United States and the defendant Dontae Sebbern

    as follows.On July 5, 2005, the defendant Dontae Sebbern

    appeared in an official proceeding in Staten Island and

    New York during which he was represented by counsel. After

    being placed under oath, Dontae Sebbern was asked whether on

    the date of June 13, 2005, in the vicinity of Castleton Avenue

    and Port Richmond Avenue on Staten Island, he knowingly andunlawfully possessed a substance containing more than

    one-eighth of an ounce of a substance that is against the law.

    Dontae Sebbern answered yes, stating that those facts are

    true. Dontae Sebbern was then asked what substance did you

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    possess. Dontae Sebbern answered cocaine. This stipulation

    is admissible in evidence at trial.

    And that's marked Government Exhibit ST-10. Thegovernment moves to admit Government Exhibit ST-10 at this

    time.

    MR. EPSTEIN: I signed the stipulation, Your Honor.

    THE COURT: Well, I know you did, but I have to make

    a record of this, okay?

    I will receive Government's Exhibit ST-10.(So marked.)

    THE COURT: Members of the jury, I do have a

    limiting instruction for you at this time and it's very

    important because we have two defendants who are being tried

    here. They are tried separately, even though this is a single

    trial. You must consider every count separately and againsteach defendant separately.

    The stipulation that we have just had received into

    the record and read to you is a stipulation regarding a

    statement made by Mr. Sebbern. You may not consider that

    statement against Mr. Waiters. It is entered only for your

    consideration as to Mr. Sebbern.Can everyone follow that instruction?

    THE JURY: Yes.

    THE COURT: All right. So everyone says yes.

    MR. SARRATT: Your Honor, at this time, if we could,

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    Edelman - direct - Sarratt

    CMH OCR RMR CRR FCRR

    1396

    the government would request that we take a very brief recess

    so that we can be prepared to move forward with the testimony

    of our next witness.THE COURT: All right. Just a few minutes and we'll

    call you back in.

    Please remember my admonitions. Do not discuss the

    case. Keep an open mind.

    (Jury exits.)

    THE COURT: All right.MR. ARIAIL: Thank you, Your Honor.

    (Recess taken.)

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    Boone - direct/ Sarratt

    MARSHA DIAMOND, CSR

    1397

    (Witness takes the stand)

    (Jury now present)

    THE COURT: Please be seated. The jurors are

    present, counsel and both defendants, and we have a witness on

    the stand who must be sworn.

    A M O S B O O N E , having been first duly sworn,

    testified as follows:

    THE CLERK: Please state your name and spell it for

    the record.

    THE WITNESS: Amos Boone A-M-O-S B-O-O-N-E.

    MR. SARRETT: May I approach, Your Honor?

    THE COURT: Yes, you may.

    DIRECT EXAMINATION

    BY MR. SARRATT:

    Q Mr. Boone, good afternoon.

    A Good afternoon.

    Q Mr. Boone, are you in prison?

    A Yes.

    Q Why are you in prison?

    A Conspiracy to distribute drugs with firearm.

    Q Did you plead guilty to those charges?

    A Yes.

    Q Have you also commented other crimes?

    A Yes.

    Q You have been in prison before, correct?

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    MARSHA DIAMOND, CSR

    1398

    A Yes.

    Q Did you plead guilty before Judge Townes or before a

    different judge?

    A Different juge.

    Q How much time are you facing for the crimes that you

    pleaded guilty to?

    A Fifteen to life.

    Q You said you pled guilty to conspiracy to distribute

    drugs, what drug have you distributed?

    A Crack cocaine.

    Q How long have you been dealing crack cocaine?

    A About 16 years, 18 years.

    Q When did you first start selling crack cocaine?

    A I was about 16.

    Q Mr. Boone, where are you from?

    A Staten Island, New York.

    Q What part of Staten Island?

    A West Brighton, Mariners Harbor.

    Q Are those both on the north shore of Staten Island?

    A Yes.

    Q Have you lived in that area most of your whole life?

    A Yes.

    Q Are you familiar with the Port Richmond area of Staten

    Island?

    A Yes, I am.

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    MARSHA DIAMOND, CSR

    1400

    wearing and by where he's sitting?

    A He's wearing a gray top fifth person sitting at the table

    over there.

    MR. SARRATT: May the record reflect that the witness

    has identified the defendant Dexter Waiters?

    THE COURT: Yes, the record will so reflect.

    Q Mr. Boone, how is it that you know the defendants KD and

    Dex from Staten Island?

    A Throughout my years on Staten Island, early 2000s I met

    them through a mutual friend.

    Q Who is the mutual friend?

    A Kid by the name of Pito.

    Q How did you know Pito?

    A We were selling drugs together.

    Q You were selling drugs with Pito?

    A Yes.

    Q And who did Pito hang out with?

    A Dex, couple of Port Richmond dudes, he was younger than

    me so he hung with them dudes out there.

    Q And do you recall how it is that you were introduced to

    KD and Dex?

    A One morning they was all -- they came to another one of

    our friend's house to go to school early in the morning. Pito

    and another one of my men, Milton, was going to another school

    in their area, but they all came over there to the West

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    Boone - direct/ Sarratt

    MARSHA DIAMOND, CSR

    1401

    Brighton area to get Milton and Pito, so they could all go to

    school. They was going to Port Richmond High School at the

    time, and you know, it was running kind of late. I had a car.

    I was driving there. Pito asked me to drive all of them to

    school. I wound up driving them to school. Before we left I

    asked questions, something like I'm a driver so I want to the

    make sure nobody was in my car that was going to throw

    anything in my car so I asked everybody was, was they dirty.

    Like did they have drugs or if they had drugs all the drugs on

    them belong to them and --

    Q Are you saying that in case you got pulled over you

    wanted to make sure they were --

    A Everybody know they take responsibility for their own.

    But I didn't get pulled over, I wound up driving them --

    Q When you said that what, if anything, did people say in

    response?

    A They all, you know, they all agreed, like, they knew if

    they had their drug, they owned up to their own drug. I didn't

    get pulled over I wound up taking them, driving them, to the

    school, but I didn't drop them off at the school.

    Q Where did you drop them off?

    A At a corner store on Captain -- Castleton and Sharpe.

    Q Why did you drop them off at Castleton and Sharpe at the

    store?

    A They seen some customers that they wanted to make sales

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    MARSHA DIAMOND, CSR

    1402

    to.

    Q What do you mean customers?

    MR. EPSTEIN: Objection.

    MR. SARRATT: I am about to inquire as to the basis.

    THE COURT: All right.

    Q What do you mean by customers?

    A Crack fiends.

    Q How do you know the people were crack fiends?

    A I sell to the same people.

    Q And so you left them off at the store?

    A Yes.

    Q To make a sale?

    A Yes, Pito, Tell, Dudu.

    Q So did you actually take them to school or you dropped

    them off at the store?

    A I dropped them of a couple of blocks from the school.

    Q What did you do?

    A I pulled around the corner, waited and pulled off and

    went home. I went back to my neighborhood.

    Q Now, Mr. Boone, I want to move forward in time to the

    period of 2008, 2009. Were KD and Dex in a gang?

    A Yes.

    Q What gang was that?

    A Bloods.

    Q Were they in a particular set of The Bloods?

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    MARSHA DIAMOND, CSR

    1403

    A Yes.

    Q What set was that?

    A Gorilla Stone Nation?

    Q They were within the Gorilla Stone Nation?

    A Yes.

    Q Do you know -- was there a group of The Bloods they are

    involved in a smaller level than that?

    A Can you rephrase that like?

    Q You said they were Gorilla Stones -- well, we will

    discuss The Bloods hierarchy later but is the Gorilla Stones a

    group within The Bloods?

    A Yes.

    Q And were you also a Blood?

    A Yes.

    Q What when did you become a Blood?

    A 1994.

    Q And are you still a Blood?

    A No.

    Q When did you stop being a Blood?

    A August of this year.

    Q Now, did you see the defendant KD and Dex on the night of

    November 6th and into the early morning hours of November 7,

    2009?

    A Yes.

    Q And Mr. Boone, were you also at the Holland Houses on the

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    MARSHA DIAMOND, CSR

    1404

    night that an individual named Big Den was skilled?

    A Yes.

    Q Mr. Boone, I want to go through your criminal history.

    You mentioned that you have been in jail before. What years

    have you been in prison since you first went to jail?

    A 1991, 2004, 2008.

    Q Those are the years you went to prison. For how long

    were you in -- between what years, in other words?

    A '94 to 2000, and 2004 to 2007, and nine months, and in 08

    and now.

    Q When did you go to jail for the time you are in now?

    A January 2010.

    Q Mr. Boone, when did you first start committing crimes?

    A When I was about 16.

    Q And what were you doing?

    A Selling crack cocaine, stealing newspapers, little petty

    crimes like stealing clothes and stuff.

    Q How did you start selling crack?

    A Started hanging with a group of older guys.

    Q Where was that?

    A In the Markham Garden Projects.

    Q Where is that?

    A In West Brighton.

    Q When was the first you were arrested on a major case?

    A 1991 December 28th.

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    MARSHA DIAMOND, CSR

    1406

    A Yes.

    Q Were you arrested for this offense?

    A Yes.

    Q Did you go to trial or did you take a plea?

    A I took a plea.

    Q What kind of plea did you take?

    A Serano plea.

    Q When you say a Serano plea, what do you mean?

    A No contest. I didn't want to go to trial.

    Q But did you not admit your guilt at that time?

    A No.

    Q Do you admit your guilt here today?

    A Yes.

    Q What was your sentence in that case?

    A Time I had already spent in jail and five years

    probation.

    Q When you first met with the U.S. Attorneys Office in

    connection with this case, were you truthful about your

    involvement in this sexual assault?

    A No.

    Q Why not?

    A Because it was something that always like shut down an

    close down within myself. Like I was always in denial of it,

    and I never really had to tell too many people about it.

    Q Now, you said you were sentenced to five years probation;

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    MARSHA DIAMOND, CSR

    1407

    is that right?

    A Yes.

    Q Did there come a point after that, that you were arrested

    again?

    A Yes.

    Q How did you get arrested?

    A I was coming from a girlfriend's house one night and a

    cab got pulled over and in the cab it had multiple passengers

    in the cab already. I made the sixth person getting in the

    cab. The cab got pulled over by an unmarked police car and

    they found a machine gun in the car.

    Q Was it your machine gun?

    A No.

    Q Did you get charged with it?

    A Yes.

    Q What happened with that case?

    A Eventually they threw it out.

    Q What do you mean by that?

    A They dismissed it.

    Q They dismissed the case against you?

    A Yes.

    Q Did you get written up for a probation violation?

    A Yes.

    Q Did you have to appear in court for that?

    A Yes.

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    MARSHA DIAMOND, CSR

    1408

    Q What happened?

    A Pretty much got scared and I did not appear in court.

    Q When were you supposed to appear in court?

    A It was on December 7th, I forget the year but I know it

    was December 7th '93.

    Q You said instead of showing up you pled?

    A Yes, I moved to one of my friend's houses.

    Q How long were you hiding out?

    A Few months.

    Q Did you get caught?

    A Yes.

    Q How did you get caught?

    A I had just -- I had a baby. I had my son -- my first son

    was born. I was going to his house and an unmarked car seen me

    and they followed me, and I had my son in my arms when they

    jumped out on me, so I couldn't run. I couldn't do nothing.

    So they arrested me right there. Apprehended me then.

    Q And did you then get taken to the court on the violation?

    A Yes.

    Q What happened?

    A Then I got bailed out. Then I went to -- they took me to

    a Brooklyn court. We was going to Brooklyn court around that

    time. I got bailed out in Brooklyn court and they gave me

    another court date to appear in Staten Island.

    Q Did you show up?

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    MARSHA DIAMOND, CSR

    1409

    A Yes.

    Q Did you get sentenced on the violation?

    A Yes, I did.

    Q What was the your sentence?

    A Two to six years.

    Q Why did you think you got such a long sentence for

    failure to appear?

    A Kind of, umm, behind the sexual assault case the Judge

    pretty much told us if I violated I was getting a hard

    sentence.

    Q And that's what happened?

    A Yes.

    Q You said you got sentenced to two to six years?

    A Yes.

    Q How long did you actually serve in prison?

    A Six years.

    Q Why you did you serve the whole six years?

    A Numerous reasons -- misbehavior reports, fights, you

    know, just being a knuckle head upstate -- first time upstate.

    Q You had disciplinary violations while you were in jail?

    A Yes.

    Q When you were in jail did you also join a gang?

    A Yes.

    Q How did it happen that you joined a gang?

    A Sticking up for somebody else.

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    MARSHA DIAMOND, CSR

    1411

    A Yes.

    Q Go ahead.

    A So like I started explaining, like things to me about The

    Bloods, like were they -- what they stood for and stuff and

    he's asking did I want -- you know, did I want to be down. I

    told him yeah. I told him yeah. At the time I didn't have to

    put work in. I already put that work in right there.

    Q What do you mean by put work in?

    A I didn't have to commit no other acts of violence.

    Q What does that have to do with joining The Bloods?

    A It you have to do some -- you have to get initiated in

    the gang somehow. You have to -- you have to do something to

    the enemy. You have to -- you have to take a plate, you have

    to take an order.

    Q You said a lot of things there. Are you saying that you

    have to commit an act of violence in order to be into The

    Bloods?

    A Yes.

    Q You have to commit that act of violence on behalf of The

    Bloods?

    A Yes.

    Q You used some terms there. I want to see if you can

    explain. You said take a plate, right?

    A Yes.

    Q What does take a plate mean?

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    MARSHA DIAMOND, CSR

    1412

    A One of your enemies is, like, he's on the menu, and

    Blood's terms it a means he is on the menu, so he can be

    public enemy number one, number two, but he is on menu. So you

    have to -- if they tell you to take that plate you got to take

    that plate. You got to commit some type of act of violence on

    that person.

    Q Before you can be initiated into The Bloods?

    A Yes.

    Q Now, you talked about this a little bit a moment ago.

    Are The Bloods now broken into various sub groups?

    A Yes.

    Q What do you call those sub groups?

    A Sets.

    Q What are the different sets of The Bloods?

    A There are various sets. A lot of sets spilled off into

    their own. Like, you got Valentine, you got Brims, you got

    G-shon.

    Q If you would go slowly through these for the court

    reporter.

    A You got the Stones, but like, sets, like the Stones,

    Brims they branched off to independent sets. So they have

    other sets amongst inside their own, like, Brims but it's not

    other branches to their set. Like the Stones, they fall in

    the four pillars, and you got somebody serving in each one of

    those pillars but it could be numerous different sets under

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    MARSHA DIAMOND, CSR

    1413

    those pillars.

    Q In the Stones there might be variety subsets beneath

    that?

    A Yes.

    Q What set of The Bloods were you in before you left?

    A I was in two sets, the Five Nine Brims, the Brims, and

    Valentine.

    Q Are you familiar with the set of The Bloods called Nine

    Treys?

    A Yes.

    Q What do you know about Nine Treys?

    A Nine Treys stands for Nine Treys Gangster, the original

    birth of The Bloods in 1993.

    Q At the time you joined The Bloods did the Gorillas exist

    at the time as a set of The Bloods?

    A No, ws just Stone.

    Q And do the Gorillas exist underneath I think you called

    it a pillar?

    A Yes. Stone banner.

    Q Underneath the Stone banner?

    A Yes.

    Q Do people in The Bloods sometimes refer to the Stones as

    Stone Nation?

    A Yes.

    Q Are there are other nations of The Bloods?

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    MARSHA DIAMOND, CSR

    1414

    A Yes.

    Q What are those nations called?

    A We have you Blood Nation, you got the Brim Nation, and

    Stone Nation.

    Q You know when the first time you heard about the Gorilla

    and Bloods was?

    A About 08.

    Q Does that make it a relatively new or relatively old set

    of The Bloods?

    A New.

    Q I want to go back to your time in jail. You said you had

    a number of disciplinary infractions. What kind of

    disciplinary violations did you have?

    A Fights, weapons possession, assault on officers,

    disobeying direct order, various.

    Q Did you get in those fights as part of your membership in

    The Bloods?

    A Several of them, yes.

    Q Give us an example.

    A The Bloods wanted to -- they wanted to get an enemy and

    they needed somebody to cause a diversion. One of the kids

    there they asked to cause the diversion. Didn't want to cause

    the diversion.

    Q Was he a Blood member?

    A Yes, and it was pretty much like he wanted to be out of

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    MARSHA DIAMOND, CSR

    1415

    The Bloods but they wanted him to do that. He wanted to be

    out so, like, that was like your walking papers. Start this

    fight. Give us an opportunity to do something else over here.

    Give us the diversion.

    Q What was the diversion going to be?

    A Him fighting another inmate on the basketball court.

    Q That was going to create a diversion for The Bloods

    members to do some other act of violence?

    A Yes, they was going to cut another rival gang member.

    Q How did you get involved?

    A The kid didn't want to do it, so we all sitting there.

    And like me and the kid was cool, but like I took an oath to

    the Nation and then he wanted to be out, so that was -- gives

    him his walking papers, and he didn't want to do it. So I

    decided to start a fight with him to give him the diversion.

    Q Did you fight him?

    A Yes.

    Q Were you disciplined for that?

    A Yes.

    Q What was it?

    A Thirty days in long-term keep lock.

    Q Keep look like a box?

    A Yes.

    Q Solitary basically, right?

    A Pretty much.

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    MARSHA DIAMOND, CSR

    1416

    Q Now, you said you also had a weapon in jail, right?

    A Yes.

    Q What kind of weapon did you have in jail?

    A Double edge razor.

    Q How did you get a double edge razor in jail?

    A Purchased it. Somebody else smuggled it. You purchase

    it from another gang member.

    Q How did you keep a double edged razor in jail?

    A In several different places. In your mouth you make a

    holster, you check it, you move it. Depends on like what

    you're doing at the time, like where you want to keep it at.

    Q Let's go through that.

    You said you could keep it in your mouth?

    A Yes.

    Q How do you keep a razor blade in your mouth?

    A Flat against your check to the back of your jaw, or you

    put it under your tongue. Lot of people keep to it the back

    of their jaw, against their cheek. It is easier like to

    maneuver with your tongue when you spit out and be ready for

    war.

    Q Is it in a case in your mouth or just you have a razor

    blade in your mouth?

    A Just a razor blade.

    Q You said you could cheek it?

    A Yes.

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    MARSHA DIAMOND, CSR

    1417

    Q What does that mean?

    A You put it between your buttocks in the case.

    Q What kind of case are you talking about?

    A Electrical tape. However you decide to make a case. A

    lot of people make it out of electrical tape -- black

    electrical tape so that way it don't ring on the medical

    detector.

    Q Now, did you keep this razor blade with you as part of

    your membership in The Bloods?

    A Yes.

    Q Were you required to keep a weapon on you in jail as part

    your membership in The Bloods?

    A It is required to have a weapon on you all the time.

    Q What do you call that in the The Bloods?

    A What, your weapon?

    Q What do you do call it when you have a weapon?

    A You're married.

    Q Have you ever heard the term -- so when you say you're

    married, that means you have a weapon?

    A Yes.

    Q Have you ever heard term passport?

    A Passport is pretty much when you just come through, like

    somewhere in -- you got your weapon buff.

    Q So everybody understands, what do you do mean by you got

    your weapon buff?

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    MARSHA DIAMOND, CSR

    1418

    A Got it in your rectum.

    Q That is where you were carrying it?

    A Yes.

    Q That's when you were ready to travel, right?

    A Yes.

    Q Ready -- to use your term -- put in work, right?

    A Yes.

    Q Just to be clear, what do you mean when you say put in

    work?

    A Commit violence. Act of violence.

    Q On behalf of The Bloods?

    A Yes.

    Q Mr. Boone, were there benefits being in The Bloods in

    jail?

    A Yes.

    Q What do you think those were?

    A You got stronger outreach. You know, like it's less

    likely somebody take advantage of you. You know, if I don't

    have family support at home and all of that, you got brothers

    fighting right amongst you. You know, they take care of each

    other. Certain people, you know, I go close to some of them,

    some of them you feel like are your real brothers, you know.

    Some of them won't let nothing happen to you.

    Q Going back to disciplinary infraction while you were in

    jail, did you get a disciplinary violation for something

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    MARSHA DIAMOND, CSR

    1419

    called roll call?

    A Yes.

    Q What is roll call, can you explain that to the jury?

    A Yes. When you are making Blood chants so that your

    enemies know, like that you're strong, like in the building,

    like intimidating, everybody in -- around let you know that

    The Bloods are on the set.

    Q When you say The Bloods are on the set, what do you mean?

    A Pretty much that The Bloods control wherever they are at.

    Q How do those chants go? How do the chants intimidate

    people?

    A A lot of them, like, start with, you know, like

    intimidate your viable, like if they want -- then bring the

    ruckus case, whole lot of Bloods ain't nothing to fuck with.

    Different chants for -- you know, depends on how they read it,

    how you keep -- want to keep going. Different sayings for

    different --

    Q That is was one of the chant you why did, though?

    A Yes.

    (Continued on next page)

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1420

    BY MR. SARRATT:

    Q Now, at some point, you said you got out of jail. I

    think you said it was in 2000; is that right?A Yes.

    Q What did you do when you got out of jail?

    A I was away for a while, so I chilled with my family for a

    minute. Eventually, I started selling drugs again.

    Q How long do you think it was from the time you got out to

    when you went back to selling drugs?A About five, six months.

    Q Why did you go back to selling drugs?

    A I just wanted to get more money.

    Q Were you selling drugs by yourself or with somebody else?

    A With my right-hand man.

    Q Who is that?A My man Wally.

    Q Do you know Wally's last name?

    A McMillan.

    Q You and Wally were selling drugs together?

    A Yes.

    Q Why did you sell drugs with somebody else rather thanjust yourself?

    A Somebody would have your back. When you sell drugs dolo,

    you become an easy target, unless you have a strong

    reputation. When somebody has your back, it makes it harder

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1421

    for other people to try to do anything.

    Q You started that answer by saying when you selling for

    dolo?A Yes.

    Q What does that mean?

    A Selling by yourself. It makes you an easy target for

    stickup kids or other people that want to take your money

    easy.

    Q What do you mean by "stickup kids"?A A lot of people can't sell drugs. They got a habit that

    they want to just rob drug dealers.

    Q What do you mean they can't sell drugs?

    A They don't have the patience. They don't have the

    brains. They pick the gun up and go rob the person that is

    selling the drugs. Stickup kid.Q If you are selling drugs by yourself, that is dangerous,

    because you might get robbed?

    A Yes, there's a chance.

    Q If you sell drugs with other people, that gives you more

    protection?

    A Yes.Q When you got out of jail, did you stay in the Bloods?

    A Yes.

    Q Did you continue to participate in Bloods' meetings and

    associate with Bloods members?

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1422

    A Yes.

    Q Why did you stay as a member of the Bloods when you got

    out?A Some of the people was like, they was my homeboys, so it

    was like a lot of us was gang-affiliated. We all was from the

    neighborhood. A lot of neighborhood kids was gang-affiliated.

    We all stayed to each other.

    Q Were there benefits to continuing to be a member of the

    Bloods when you were out of the jail?A Yes, there was benefits.

    Q Like what?

    A You had a strong alliance of people, you know. You're

    making money, you got an alliance of people behind you,

    backing you up.

    Q So, when you say you are making money, what are youtalking about?

    A You are selling drugs, you know. You're more in the in

    crowd, because you're making money. You got a gang of people

    behind you.

    Q Is that for protection?

    A Some use it for protection. Some use it to boost theirreputations more.

    Q Now, you said you started back selling drugs with Wally;

    right?

    A Yes.

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1423

    Q What were you selling?

    A Crack cocaine.

    Q How long did you sell drugs with Wally?A At this time, about a year and some change.

    Q Were you successful?

    A Pretty much.

    Q Like how much money were you making? How much crack were

    you selling?

    A Between the both of us, we made a couple of hundred,couple of thousand, a day.

    Q Between the two of you, you might make a couple of

    thousand a day?

    A Yes, 1500, 1700 between the both of us. Like eight, nine

    hundred dollars a day.

    Q When you were selling together, were you sharing theproceeds?

    A Yes.

    Q Did you also pool your money to purchase drugs to sell?

    A Yes.

    Q Who were you buying drugs from at this point?

    A We had a connect in Canarsie.Q You had a connect?

    A Yes.

    Q You mean a supplier?

    A Yes.

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1424

    Q How much crack would you buy at a time?

    A It all depends. If we still had -- if we still had

    drugs, you know, forty grams, twenty grams, an ounce, it alldepend, if we had drugs, we would buy just enough to carry us

    over. If we didn't have drugs, we would pretty much spend

    what we had to get more.

    Q What did you do with the crack once you bought it to get

    it ready to sell?

    A Chop it up and put it in bags.Q How did you chop it up?

    A With razor blades.

    Q In what quantities would you sell the drugs on the

    street?

    A Tens and twenties.

    Q What do you mean by tens and twenties?A We chop them up into small rocks, make $10 glassine bags

    and $20 glassine bags.

    Q At some point, you said you stopped selling with Wally?

    A Yes.

    Q Why did you do that?

    A We had a falling out over money and a female.Q Did you continue to sell drugs at that point?

    A Yes.

    Q Did you start selling with other people?

    A No. I was by myself at this time. Until for about

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1425

    another half year or so, I was by myself.

    Q And then you started selling with someone else again?

    A Yes.Q Who was that?

    A My man Killer.

    Q Do you know Killer's real name?

    A No, I don't know his real name.

    Q You started selling with him; is that right?

    A Yes.Q Now, at some point in this period, were you injured in a

    car crash?

    A Yes, I was.

    Q When were you injured in a car crash?

    A June 2002.

    Q How is it that you came to be injured in a car crash?A Over drugs. A drug beef.

    Q How did that drug beef result in a car crash?

    A We wind up getting -- we watched -- we was coming from

    one of my friends's house, my friend Killer's house, watching

    a NBA playoff game, and we was dropping another one of my mans

    off, my man Yah, we were dropping Yah off at his house onCastleton. Me and my friend James Clayson, we called him

    Reese, we was coming back from dropping Yah off, and he was

    dropping me off at another girl's house. In the course of him

    dropping me off, kids we had problems with from around the

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1426

    way --

    Q Why did you have problems with them?A They wanted to sell in the same spot that I was selling

    at.

    Q You were competing for a location to sell crack?

    A Yes.

    Q Keep going.

    A As he was dropping me off, I was like laid back in theseat, had my seat reclined back, and he told me that, The kids

    is following us. The kids is following us.

    Q Do you know who the kids were who were following you?

    A Yes.

    Q Who?

    A Otis Grayson and Barry Van Dunn.Q What happened? They followed you?

    A Yes. But we cut up to Forest and we lost them. But they

    was from the neighborhood, so they know that I was messing

    with this girl that lived in the projects, in another project,

    in the Arlington Projects.

    Q Where is that?A In the Holland area.

    Q Holland Houses?

    A Yes. So, we wound up cutting up to Forest and taking

    Forest down to the harbor, down to Mariner's Harbor. Once we

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1427

    get down there, he cuts down South and comes in through the

    back of the Holland Houses, that way. As he's turning into

    65's parking lot off of what's his name, he wakes me again,like, Yo, these niggers are in front of what's his name. They

    got the street blocked off. I get up and I'm like, nah. They

    had the street blocked off.

    Q Which street?

    A To turn into the parking lot.

    Q Of the Holland Houses?A Yes. They had it blocked off, and they was on the sides

    of their car and they was pointing their weapons at the car.

    He went straight. I told him to keep going

    straight, so he goes straight and comes around, goes straight

    down Benjamin and comes around Holland Houses. But at the

    same time, the kids that was blocking the parking lot camethrough the parking lot. It's a connecting parking lot that

    goes all the way through.

    Q Would it help you to explain by reference to the map

    that's right in front of you there?

    A I can't see it too much.

    MR. SARRATT: Can I approach the witness?THE COURT: Yes, you may.

    Q Mr. Boone, you can step down, with the Court's

    permission?

    THE COURT: Yes.

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1428

    Q Take a look at Government's Exhibit 132-A.

    First of all, have you seen this map before.

    A No.Q Do you recognize the area, though, depicted on the map?

    A Yes.

    Q Okay. Does that help you explain your story?

    A Yes.

    Q When you're away from the microphone, if you can keep

    your voice up?A We came down here, down South Avenue off of Forest

    Avenue, and we turned down off of Arlington Place, turned onto

    Northfield Avenue. We had to come down here to go into

    Benjamin. There's a parking lot that goes all the way through

    Arlington to the Terrace.

    Q When you say the "Terrace," do you mean Richmond Terrace?A Yes. This is Richmond Terrace. There parking lot goes

    all the way through.

    When we got here, they got the parking lot blocked

    off, so we couldn't go in. We come all the way around and go

    this way. My sister lived in this building, and I was telling

    Reese to turn into here, to my sister building. He want to goover here. He lived in the Port Richmond area.

    When we came around this way, they was already

    coming through this way. By the time we came here, they was

    coming out, and they seen us, and they started pretty much a

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1429

    bumping crash all the way down Richmond Terrace, hitting the

    back of us, us hitting in the side of them, all the way to

    Richmond Terrace until we get to Morningstar.Q Is Morningstar on this map?

    A It's not on this map here.

    Q I think you can have a seat.

    What happened when you got to Morningstar.

    A The driver of my car lost control of his car.

    Q Why did he lose control?A Because he got side-swiped from the back, like the dude

    clipped him from the back with the front of his car, and made

    our car fishtail out of control.

    Q And what happened?

    A Our car ended up into a building. The bricks came down

    on the car, crushed the car. The car was on fire. My manJames died. I had a broken hip, broken knee, broken foot and

    two cracked ribs.

    Q Now, you survived, obviously. Did you have serious

    injuries, though?

    A Yes.

    Q Did you go to the hospital?A Yes.

    Q How long were you in the hospital?

    A Two months at one point, then back into the hospital

    couple of weeks. Altogether, I was in the hospital for about

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1430

    anywhere from two and a half months to three months.

    Q Was there a gun in the car that you were traveling in at

    the time you crashed?A Yes.

    Q Did you get charged with that gun, as well?

    A Yes.

    Q What happened with that case?

    A They threw it out.

    Q It was dismissed?A Yes.

    Q Relating to your injuries, though, from the wreck, did

    you bring a civil lawsuit, trying to recover money for your

    injuries?

    A Yes, I did.

    Q Did you have counsel in that case?A Yes.

    Q What happened with that case?

    A Pretty much, we lost the case.

    Q You went to trial?

    A Yes.

    Q And you lost?A Yes.

    Q Did you testify at trial?

    A Yes.

    Q Did you testify truthfully at trial?

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1431

    A No.

    Q You were under oath; right?

    A Yes.Q But you did not testify truthfully?

    A No.

    Q What did you say when you went to trial?

    A I left out the whole them hitting the back of us and

    things like that.

    Q Why did you leave that out?A At the advice of my lawyers at the time.

    Q What did they say?

    A If we wanted to receive a certain amount of money, that I

    shouldn't say that another person bumped us off the road, that

    I should keep my man negligent of all actions.

    Q Who were you suing?A His car insurance that was under a company's car

    insurance, James Clay's. James Clay's car insurance. I come

    to find out it was insured under his father's company's

    insurance, and they was trying to sue Enterprise Rent a Car.

    Q You testified falsely because you thought you could only

    get money from the insurance company if you said it was JamesClay's fault, rather than through the criminal activity of the

    people who were chasing you?

    A Yes.

    Q At some point, did you get arrested again?

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1432

    A After that, yes, I got arrested again.

    Q How did you get arrested that time?

    A Right. Probably a couple of -- driving after that.Driving, I was selling drugs.

    Q Who did you start selling drugs with?

    A Pretty much me by myself at the time. That's what I

    started back off with. After that --

    Q Let me ask you this: Did you have to stop selling drugs

    for a while while you were injured?A Yes.

    Q How did you get back into selling drugs?

    A Me myself, I was going to therapy. They wanted to take

    the front of my left foot off, but I wouldn't let them do

    that. I have messed up and all that behind the car accident.

    I went to therapy. I was in a wheelchair for another coupleof months. I was on crutches. Once I got to a cane, once I

    was on crutches and could move, I started selling drugs begin.

    Q You say you started at first selling by yourself?

    A Yes.

    Q Shortly after that, did you start selling with somebody

    else?A Yes.

    Q What was that person's name?

    A My man Pito.

    Q Can you spell Pito?

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1433

    A It's P I T O.

    Q You were selling with Pito, and did you start selling

    with anybody else?A Around that time. Not right then. My brother came home

    a few months after that.

    Q When you say he "came home," what do you mean by that?

    A He came home from doing a jail bid.

    Q Then what happened?

    A He started selling drugs with us. After that, it wasonly a few months that he was home, and I was selling to an

    undercover cop, and they raided my mother's house behind that.

    Q Did you get arrested for selling to an undercover cop?

    A Yes.

    Q What happened with that case?

    A I got bailed out on the first. After they raided thehouse, I got bailed out. I was in the process of moving at

    the time. So, I came home. I just had my daughter. I just

    had my youngest daughter when they raided my mother's house.

    Q Let me ask you: Did you go to trial or plead guilty in

    that case?

    A I pled guilty.Q Did you get sentenced?

    A Yes. To two-to-four.

    Q You got sentenced to two to four years?

    A Yes.

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1434

    Q Were you facing more time than that?

    A Yes, I was.

    Q What were you facing?A Like anywhere from six to eight years.

    Q Why did you get a lesser sentence?

    A I had some information for the DA that I thought would

    help them and help me with my case.

    Q Information about what?

    A Another murder.Q Who was murdered in that case that you are talking about?

    A This kid named Prince.

    Q How did you have information about it?

    A Because I sat there and when he got murdered, I was in my

    car.

    Q Where was the murder?A In the Holland Houses. In the Arlington Projects.

    Q So, you cooperated with the district attorney's office in

    that case?

    A Yes.

    Q Was that the first time that you had cooperated with the

    district attorney's office?A Yes.

    Q Did you also cooperate with the district attorney's

    office in another case?

    A Yes.

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1435

    Q When did that case happen?

    A It happened around the same time, but I caught the

    information in jail.Q You caught the information in jail?

    A Yes.

    Q Are you talking about a different murder now?

    A Yes.

    Q How did that happen? Explain what you are talking about.

    A A kid was pretty much, you know, he trusted me, so he wastelling me things that he did in the murder, and he wanted me

    or my brother to take care of another witness in the street.

    Q What do you mean "take care of another witness"?

    A To harm another witness in the street.

    Q Harm another witness?

    A Yes.Q Or kill another witness?

    A Kill, harm, just make them not come to court.

    Q Who are we talking about and what happened?

    A So, from there, once he told me that, like I brung it to

    the attention of my lawyer, and my lawyer brung it to the

    attention of the DA. The DA came and they pulled me in, satdown with me, talked with me, see what I had, and from there,

    they wanted to know if I could possibly get him to say it

    again or talk about it again.

    Q So, did you do that?

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1436

    A Yes.

    Q Did you wear a recording device?

    A Yes, I did.Q So, what happened?

    A He pretty much, you know, said the same things, that he

    wanted me and my brother to take out a witness that lived in

    our neighborhood at the time.

    Q What neighborhood what is that?

    A In West Brighton. And, you know, he pretty much, youknow, trusted me and my brother. But, you know, it never made

    it to my brother's ears. I took it to my lawyer. My lawyer

    took it to the DA. From there, they asked me would I be

    willing to wear a recording device on him.

    Q You did that; right?

    A Yes, I did.Q Were you successful?

    A Yes.

    Q Did you have to testify at trial, or did that case plead

    guilty after that?

    A They pled out.

    Q So, you didn't have to testify?A No.

    Q So, you cooperated, then, with the DA's office on two

    murder cases?

    A Yes.

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1437

    Q The other murder case that you mentioned, the one that

    happened in Arlington, did you have to testify in connection

    with that case?A No. He pled out, too.

    Q So, you assisted them with two murder cases; right?

    A Yes.

    Q And you said you got a reduced sentence -- what was it

    you were facing?

    A Anywhere from six to eight years.Q Instead, you got what?

    A Two years.

    Q How long did you actually -- was it two, or two to

    something?

    A It was a two-to-four. I wound up doing three years.

    Q You wound up serving three years on that sentence?A Yes.

    Q Why did you serve three years? Did you have additional

    disciplinary violations in jail?

    A No. At the time, I did a lot of my time in like the

    Rikers Island correction. So, by the time I made it upstate,

    I didn't have no programming, and it's like what you need,they call programming. You have to have programming up your

    belt when you go to the board.

    Q When you say the "board," what are you talking about?

    A The release board.

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1438

    Q The parole board?

    A Yes, the parole board. They give you certain things you

    have to take, like ASAP. If you are on drugs, you have totake an ASAP course, KSAP, or whatever. If you don't have

    your GED, you have to have it. By the time I made it upstate,

    I only was required to take ASAP.

    I couldn't get into an ASAP program before I go to

    see the board. By the time I made it upstate, I had seventeen

    months in in New York, in Rikers Island and Manhattan Tombs.So, I went to see my board at twenty months. Two months

    later, when I made it upstate, so I didn't have no ASAP

    certificate, I was required to take ASAP.

    Q When you first went before the board, you didn't have

    enough good programming on your record to show that you should

    get out early on the two-to-four; right?A Yes. So, they held me. They give me ten extra months

    until my conditional release date.

    Q What happened? Did you get out on that date?

    A Yes.

    Q You said you served three years; is that right?

    A Thirty-something months.Q Thirty-something months?

    What happened when you got out? Where did you go?

    A I moved from my sister in the Holland Houses.

    Q Which building did your sister live in in the Holland

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1439

    Houses?

    A 65.

    Q Who is your sister?A Danielle. I move in with my sister.

    Q What happened when you moved in with your sister?

    A You know, was good times for a while. You know, I wasn't

    back into selling drugs, you know. I had my family support.

    After a while, times started getting harder. I went

    back to certain things I knew. Started seeing certain people,you know. A lot of people started moving into the Holland

    Houses from different neighborhoods, and it became like old

    times all over again. Like all the same people just from

    different neighborhoods moved into one big neighborhood.

    Q What people are you talking about?

    A A lot of members of the gang. A lot of members from theBloods.

    Q You were still in the Bloods at this time?

    A Yes.

    Q Why did you continue to be a member of the Bloods after

    all this time?

    A I don't know. Certain things beneficial to me, and, youknow, just I had trust with some of the people, you know.

    Some of the people, I felt, was like they was really my

    homeboys.

    Q You said at some point, you went back to doing the things

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1440

    you used to do. What do you mean?

    A Selling drugs, you know, smoking marijuana, drinking,

    going to clubs.Q When you sell drugs as a member of the Bloods, how does

    that work?

    A It's no different from just selling like individually.

    But when you do sell and you have a big gang behind you, like

    it's more like boosting your reputation. You could do certain

    things like you wouldn't be able to do individually.Q If you were successful selling drugs, how does that

    affect your set?

    A You all pooling, and you all try to build and establish

    your set to being one of the dominant sets of the area.

    Q By selling drugs with a set of the Bloods, it can

    increase their reputation?A Yes.

    Q And increase the prestige of their gang?

    A Yes.

    Q When you say become one of the dominant sets of the area,

    what does that mean?

    A Everybody wants their set to be successful. Everybodywants their set to be, you know, the cream of the crop.

    Everybody wants their set to be the set. I mean, like this is

    what you rep your set for, to bring --

    Q You say rep your set?

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    ANTHONY M. MANCUSO, CSR OFFICIAL COURT REPORTER

    1441

    A This is what you go all out for your set for. This is

    what your set is set up to be, the best you can be. Give all

    to your set.Q Is one of the ways to do that by making money selling

    drugs?

    A Yes.

    Q You said you went back to selling drugs?

    A Yes.

    Q What year are we talking about at this point?A Probably say like end of '07 into '08.

    Q Were you selling by yourself or with somebody else?

    A With somebody else.

    Q Who were you selling with?

    A I decided to help another one of my mans that got locked

    up, and I started selling with this kid called Shiesty.Q How did you know Shiesty?

    A From back in the days like we went to school together.

    We grew up together.

    Q Where does Shiesty live?

    A In the Mariner's Harbor Projects.

    Q At some point, did you move to the Mariner's HarborProjects?

    A Yes, I did.

    Q Where were you and Shiesty selling?

    A In front of 153. 15 Trey.

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