The gloucester, va case that never was

5

10

15

20

25

l ? C'1' C ~ ~ COUNTY OF 3

4

6

7

8

9

11

13

14

16

17

18

19

21

22

23

24

COUNTY OF G OUCE TE / GCI0005425-00 COMMONWEALTH OF IRG NIA, GC10005426-00

GC10005427 00 Pl in iffs, GC10005428-00

GC10005429 00 vs. GC10005430-00

GC10005431-00 GC10005438-00 GCI0005439 00

Defenda t.

ORIGINAL

B FORE: The H norabl J ffrey iti. Shaw, Judge

DATE: ,Zl,ugust 26,200

-- - 00 - -

APPEARF,NCES: MONIQUE W. DON~ER, ESQ. Assis a:-l Commonwealth's Attorney P. . Box S6 Gloucester, Virginia 23061 Counsel 0 behalf of he Plaintiff

EDWIN ftJ LMOT, SQ. County Attorney Post Office ox 309 Gl uc ster, V rg nia 23061

IV'ICHAE I' S BERICK, ESQ. Duse',vi'Z & oberick, P.C. 2614 eorge Wash ng on Memor a Highway H yes, V rg n 23072 Co nsel on behalf of the Defendant

Reported By: Debora I,. Ragland

Lew s & DeBerry

Repor ir Service

5

10

15

20

25

3

I

2 i

INDE F E NATJ:ON

IiHTNESS PAGE

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

HOLLY COHOOI~:

D rect E ami. atien Y [\1 s . enne 7

Cross-Exam na.i n b [vJr. S berick 9

S EVEN BARANEK:

Direct Exami atio Y ['1 s . a 14

Cross Exami at or b M Sober~ck 23

Red rect Examination Y ~Jls. Den .er 24

Recross Exam nat on by 1'1r. S er k 26

Further Redi ect Exam'n ~ien b Hs. Donner 26

'Fur her Recross-Exa i at_ n y [v;r. So er ck 29

STEVEN BARANEK:

Direct Examina~io by r. ffllil at 42

Cro s Exarcinat: on by Mr. Sobe ck 58

R dir ct Examinat on by Mr. Wilmet 68

PAUL EHANUELE:

Direct Exam nat on b 69

Cross- xamina i n by M a erick 72

ew s & DeBerry r~ing Service

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

EXEIBIT PAGE

COMlvIONlrJEALT

1 CD audio ..... . 4

2 - Phot:ograph 9

3 - eve ...... . 57

COUNTY:

1 - Photogr ph 46

Le'tlis E~ DeBerry in S rvice

5

10

15

20

25

4

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

TEE CO:":RT: Laura Cre1;Js.

MR. SOBER I CK: I have several witnesses,

Your Honor.

TEE COURT: All the witnesses in the matter

of County of Gloucester versus Laura Crews, please come

forward.

Any witnesses for the defense?

I'-1R. SOBERICK: Yes.

THE COURT: Each of you raise your right

hand.

(Witnesses sworn.)

THE COURT: Is there a motion for

separation? Are there going to be any opening

statements?

MR. SOB;;::RICK: I think maybe briefly.

THE COURT: All right. All the witnesses

step out In the hallway. Don't discuss your testimony.

Is this gentleman here not for this case?

MR. SOBERICK: He's not for this case.

THE COURT: Ms. Donner.

MS. DONNER: Brief opening statement, Your

Honor. There are sort of two sets of charges here.

She has two charges of obstruction, one against

Sergeant Emanuele and one against Officer Steve

:Sewis & DeBerry ReporLing Service

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

war an he had i "' he anima s n ed

o b c ecked on, and sh C1 n tely obstructed m

when ttempt-ed ::'0 e cu he searc~ warr n

e secend a es involve Mr. W mo

an vJh t the vJhen they ac y

we D o look at th a~d tha t 's iNhere

d tie wnership charg n.

THE COURT: ht. I assume -- an I

should a e asked this pr s y. Any motions o

amend any amendmen::s h ng s to any of t~e

charg ?

YIS. DONNER: Ne, ot from -

tvlR. ltV I U-'1OT :

lty pleas to all the

M SOBER I K: Y You Honor.

HE COUR'!': o d. any opening?

'VIR. 'vi I L~vlOT : Jus iefly, Your '10 0 Y s,

the e a s ceunty d t s of w hip charges n

that io 3 The e's erference with the

du::: o an a mal centrol 0 f. e , wh ch C s a Class 2

m sd Tn an The SIX duties of owne sh p charges are

Class 4 sdemeanors.

HE COURT: You sa ass 2 for- the

\AJI L>~OT : Ye , h 3 3 of the coun y

Lew y

Repor cr

5

10

15

20

25

6

1

2

3

4

6

7

8

9

l'

12

13

14

16

17

18

19

21

22

24

ficers. 's s a 0

H o fJj r . e.rlck, any peni. 9

tateme:l?

toj.R. B .R. K: u ge, my 1 \v S at h r

house. Sh h s a number f She has arge

i a

she irJor:c::s a or m l"tary

po ce on S lS. s vJa s '0J ken up he mor i 9

by sev pol c o fi ers a a pr:on ca ~ndicating

that they haa a s ar n war a ~. h carne out f he

house, \CJas ult ergeant Ema:lue e and

then I gu ss the an~ma c ntro" went through her

property a a ft go ng thr ugh it, th y br ught theseY

severa cha ge

s me d e, 'y' ur ono~, my ci ent had her

vet corne to that pr p rty d t ve wi'l test fy that

a ani als VJer xe 1 en CO:ldi ion, there

was noth ng wong with n \/ 0 t e an m ~s, ha they' e

regu arly rnainta;ned nd e erything was fine, and we

wou~d ask the Court at t usi n of t tria to

d sm ss the case. that this ~s a case 0

re~allatl n by th she iff' ffiee and by anima

ontrol. There's :lV ling tr:e e pe pIe and

I tr:ink t~~s case w s imo y ne that w s simply

DeBerry

ting Service

5

10

15

20

25

7

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

brought beca~se of ~te fact ~ O~ my clien~ didn't

cooperate "lith. them as d;ey 'vvould have liked, but she

certainly didn't conmit any crimes.

THE COCRT: All right. How do you want -

do you want

MS. DONNER: Excuse me. The evidence sort

of flows. The obstruction part sort of happened before

the officers were then able to actually execute the

search warrant, so we Night be able to do this sort of

one after the other and keep it all In sequence.

THE COURT: Okay. Go ahead.

MS. DONNER: :--iolly Cohoon. If you will have

a seat up here, please.

HOLLY COHOON,

called as a witness, having been first

duly sworn, was examined and testified

as follows:

DIRECT EXAMINATION

BY MS. DONNER:

Q. Can you tell the Judge your name, please.

A. Holly Cohoon.

Q. Can you spell your last name for the court

Lewis & DeBerry

Reporting Service

8

2

3

4

5

6

7

8

9

o

11

12

13

14

16

17

18

=-9

20

21

22

23

24

25

reporter- .

o H- - 1~ . "7\ .

Q. n May

emp-,- ye ?

T 1 'lA. . L T,d S a 1 . d sp

he iff' ff c

Q. n I a hol l_

listened to wh t's

A. I have.

Q. A2 ig +- And

is this a a cura e opy f

n Hay 4th?

A. I l

Q. s a a 1 you r ., 1A. A 9 ' a.:..~, y s.

DONNER: I VJ

the ~. rt, Your or:or.

HE C [JR A

t'

au 'T: aT'

tvlS. IJ NKER: 'm

as t goes. Th d s a ~ r'

The de e dant's s not that

(F,udio pIa In . /

t s yea , hov'] w ~ you

t he for G u es er C unty

C / IJ ave yo

to the best of your memory,

a onve s :: on h t you had

c iv d as a di Da cher?

li~e to play th s or

r ht.

ust aud o.

e e yb dy h a tr:at?

gig to turn it u a oud

oi e s easy to h ar.

asy t hea

Lew s Be :::y

rt ng Serv e

5

10

15

20

25

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Q. s c 1 d sane ed?

A. Ye [;:''.a aI

Q. }\nd iei Y '.1 ha e n furth r co versat on

w th t e a -L r?

A. I bel I c lIed he b k.

Okay. e I au emembey abo t

the call th ~ you a e ba k.

T , s b e s r ::J hs go b t do~

rerr.ecnbe ::-- hey ta ki ab '.Jt tt-L shove nd t t

s e was go ng out he bac GOC- I e ~ e I or the sid

CJ CJ

I

door. I recn rr.ber sa ing to her I "Don't go a t there

wit weapon. They \-J I soot a " I do remembe

say::"ng that. Tha 's a au it.

Q. Ok y. o a swer Mr. Soberick's

quest ons, p e se.

A. ure.

ROSS E MIl\AT

BY J'vlR. SOBER CK:

Q. Do ave a copy t disk for the

second convers on?

A. ~ do a y of the copies. The

sheriff's off ce p ob bly a the

Lew s & I.)eBer~y rting Ser ice

1

2

3

4

6

7

8

9

10

11

12

13

14

15

16

8

19

20

2l

22

23

24

25

ab ut a sh 1

T I \/sA. "-..I

Q. Do Y G e;[lemb th~ co v r at on abo ~ a

shove ?

A. I r Tn rnb r e she d a shovel,

ye h, a d -chat s e \"a ei her com ng out he ba k do r

or ~he side doo I'm not su e.

Q. \rJas sh se vJhen she \-Ja t. lking

with you?

A. I be ~e e s yah.

Q. vJh ?

I thin J was a ar;.d1 :1e.

was that

altered in any fa hion a a l .L

Q. The irst tap tha

A. No~ to r.l

Q. Is tha~ t e en~ire conversatio ~

A. s far a now, yes.

Q. A \-Jho btai ed this tape rom yo or how

tape 9 t r produc d?

IA. I don't n VJ. a 911 dispatcher.

do't hav anything to do with th t. ~Ir.l assum ng

that you know, a 11 cal s are recorde I I In

assumlDg that perhaps tee mmonwea th's At-t.orney

office or something reqG sted a copy of he tape. I

Lewis & DeBe y

t ng ce

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

~l

Ea u ist n the ec l"ld conve tion

at ail?

Q. So y tryin have r c s three

m nths ag

Q. l\nd w sth re s ason wh cu di

isten to n prep tioD for oday's heari"g?

I d re anymo

Q. vJhen l he last imc ou w ~k d there?

1\. nc.

Oka Did th rson id ify them ves

w 0 yo w re talk~n t at ei h r tirre?

1\. I don't r :::: do 't rememb I knoltJ-L

that i came up m'l syst ur;der he aDe at ha

ddress. That's \'J.y I'm thinking I ca ed her back.

d n't know i he ca ete back rIca-led her Dack

but I do knew th here w furth r onversat n

because remerrDe ut a el and h she ItJCi

COD n out the d or i h Ci shovel.

Did o e\]e~ s k to any o ice of cers

ab ut '::.h fter'da

N

Q. Doesn' sound littl culiar ha

Lew DeBerry

Rep rt Servio

I

5

10

15

20

25

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

2

24

n v}.

y ,- y he2 d h2t yom myc-

f pO.L i of +' l rs wh

No:: k VJ 0 f .

Q. o you h e a c ers t on w h the DO

offi S 2S we I?

A.

Q. You ever lked o Of l r Emanuele that

mar n g, Se eant E an"ele?

A. Prob y la that 2y, maybe, bu:: not

hen, n

Q. id you not y

A. I JU sp C fir';:. y reme er say ng to

nd th IS itJhy kn vJ that ther a~ eel her

back r she calle me back e b 2use here via

ad tio conve sat~i bet vJ e us. I GO r m mber

2ying a her at t~ y will shoot Y u '+' ou go outl.L

::he e with 2 weapon. And hiS. t f s vJhy w2 k ng sh

ether came au:: h r back doo r a si door. I don'

her ouse 1 oks lik but

;Q. Okay. Q \tJ re ,;70U cor~-:act l,dit the

of cers r ?

Uh huh. 2

rry rting rvi

5

10

15

20

25

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

22

23

24

w e con t

- ~A. W 1J _~ d 7e :1 t e 2Dlm 1 ccr 01~ ~

officer, do , t h ct n T~ a c with Se gean

2manu Ie, a 'J e vi i hi .1 a dio

n>

5

10

15

20

25

1 J..

2

3

4

6

7

8

9

12

13

14

16

17

18

19

21

22

23

24

vid n as x btl\" urnb e r ~_.)

S. o fu th f this

vJitnes

sh Ie ve?

S. Sh l re 2seo. She may

leave.

H COL:RT: Y u rn y le2v or stay. I 's

your eho ce.

HE WI l\:E S: nK you.

~1S. D NNE ff cer ara:ek, Dease.

FA

c 1 ed Q a witn ss , ha ing been first

dUlY sw n, VI am ned and tes if ed

a lOWS

DI CT EXAf'lI N ION

BY MS. DO NE

Q. s our n me f r ce ur::, pIe e.

A. Steven Ba e k.

Q. d you are ernp oyed as an animal con rol

officer?

rtlr,g erv rry ee

5

10

15

20

25

2

4

6

7

8

9

11

1

13

14

16

17

18

19

21

22

23

4

A. o ~ll

; ;Q. An w yed 0 tlJay 4 t 0: t year?

Yes.

Q. dene d you qo -:0 serv a

eare ar

w L the n ?rov denee

rive.

Q. lS t In ucest r Coun y

A. is.

Q. say th ?

es.

Q. Is th f the r side in eo

oday?

One 0 Sf yes, [V1s. La ra Crew

OFT: E' r c h p _pose 0

repo~t r, he entifi the fenda

B MS. DONNER.:

Q. U "'Ie t t ere - erve eare warrant

involvinq an ma s?y

A. Yes.

Q. you e plain to us w 0 wen w th Y to

serv the eareh

A. Yes. From the she :f's d partment, Paul

~ew DeBeI' y rting Se ice

5

10

15

20

25

6

1

2

3

4

6

7

8

9

11

12

13

16

17

18

19

21

22

23

24

animal cont

"','~.

o the prope9

A. When w

the gate. The 9

yards away from

r also h depa:ctrne

he ":;:...:dge VJh per: e d VJ e n y

go to the pr y, we OCilled

or the or about a ~und d

house, astra t drive\vay. Wh

w got t:he:ce, "J ed tr-:at t:he 9 e was c~ained s ut

but the Daclock

d cided to call M

w were r-:ere a d

ed e:c on

1.1 know, s e

the gate or we a

p nt, she start

you can't trespas

just ::~ung L.p t

u :'0 tr-:e ho s

a d made sure he

vera dogs run

Q. Presum

A. Yes.

Ema ue e knock

l t sr-:e was ais

di patc~er on his

not locked. his point, we

rews and tell r, you know, t

n eded to talk w th _.er.

pr-:one and s answered. a k d

\vou d come d wn n eitr-:er meet 1.1 t

me t r:er at :.he ouse.

y ling at me ov he phone that

n her property. nd at :.r-:at poin

p = said, "I guess we hay

II So I took the h in off the ga

gs dic not 9 t ut. T~ere 1,-Jere

9 around the pro e ty.

ly her pe s')

walked up to t house. Oep1.1 y

the door an 0 d back. At t

9~ta king, I do be eV , witr-: the

radio. lifter a coup e of minutes, he

Le\vis & DeBerry c:::i:-"g Servi

5

10

15

20

25

1.

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

teld IT.e

o d b

a

NN It's et effered for the tr h

but w happened after th t.

,Judge, it s offered f h

r e r I was told whatever w s

d, we h Bu ~ don't think that h can y

wha t~~e dispatcher

m Y; e T 's ~ t

HE y h. Sustain the objec_ion.

BY MS. DONNER:

Q. o had a conversation with Sergeant

Erna d h n w. at appened?

H to 8e to take -

Ob-'ectien.

B MS. NNE

hQ. Okay. What did ycu de af er yo

e

A. k ce er behind some tr

Q. Ok y. And what did you see n x

ha point I didn't see

ar r,d h u ~or several Din es. o f j r Dye

:::"'ewis & OeBerry orting Service

5

10

15

20

25

18

2

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

t e hou v to my left

side tually b 9 th 0[1 t d beh n some

r es. S ral m '1 c:es r I d see me mo e nt:

com~n from th -:ght hou as yo 're

fac n the II S e .. La re'vlS vlas com g ou

oV.,fards m s a el h I' han

Q. o y. ing ShO'd Y a p ograph

::: 'm hO\>Jing e of 2Der .. r:as \-JO

ph togra reS on The ~ograph on he left, can y u

eL... u what sr:.OVJn - no. 'm so I' On he I' gr.

if ou're lng a it, c . you us wr: t is r:

at pr:o ograph.

I phot:ogra h you w 11 see a shove

_ay ng on t grou Co. 's where Ms. Crews dr pped

he shove ..... when she \pJ s old by Off ce Emanuele .

She w s vJ 21 k ng to'.IJa ci rne! so I \>J 0 Q be Cl"g he as

sh \"a s wa k ng t wards me lr: t pic u e

Q. d ~hat' e sh el tha sr:e ha n r:er

hand

71 Ye s, IS.r-1.

tv1S. DOL(\IS Comm nweal h' s 2, Yo I' Honor.

so CK: objec ion. R!"T1

'::'HE C ,,1 : 1 rig

Lew :JeBerry rti'lg Service

J

2

3

4

5

6

7

8

9

o

11

12

14

15

16

7

~8

- 9

20

21

22

24

25

n d C: II it Nc:rrb 2 .

a e ove -. n he han

it?

s ? e

spade nd of ,_ e sh ve was p in ai itJ as n

fron:: of r ike v,as tak n he wa wa k ng

s me usr ke lS vi th th useful e d a he

d.

Q. An you aid y u ere r'.:.l ng hind a tr

po t?

-~ h~rlh. W -'- , I a~ epp d ou and she sra d

walki 9 war s me, ::::Jen fied mys If a Stev

Baranek with Animal C roJ tha~~ I n d c ta k \vit

h r. S e yel d S ra xp ive a:: m

~

Q. v\]ha l she s b ed on yo~ me::r: r ?

he aid, If ou 'ing are. vvha

the tel are ~ ding h re ou' e spass ng." Andj-v

as she kep com nc; owards me, e s arted ro r se he

s ovel. As e two arm distan es away

f om her, th shov s-:.a ed O!Tllng up ke sr:e was

going o h ~ me.

Q. What ppe n?

ew~s De rry porti 9 Se_ e

5

10

15

20

25

2

3

4

6

7

8

a ,/

1

2

13

14

6

17

18

9

21

22

23

24

T t e~o puty :iU

pic e y w 1 see -'e e ra her ge shy

rees. He can,e her and rabbe her und

bo of s a. r e cJ h to drop t e sh el .

Q. yO\J CD. id the

firs part 0 9 t mad

H W We the "'st P t 0 the o IT.ade.

had made at as a tap hav on r:ty

p son. IiJh e 1 9 to o hes sear h war ants or wh n

the e may be s e pr blem I go ar-:e d 2nd c.;rn it on.

n'" .

t's a 1 Ie t e r order n your po ket?

A. Y s. it i my p cket rigr-: ere.

Q. the s ~ p rt h2t you an I Ii tened

o th rcorning, s th 2n accur e copy of wh2t came

off the t 1 t2P hat y h2 ?

A. it a t al a curat copy.

MS. NER: I' ot go ng o play the whole

t:~ ng, our onor. I'm oing s 2rt a tr-:e part

,:Jhere hi test :-f10 y art r:e corn ng oc.; of t:-:

',ous with he s '/ e 1 ~

i'~R. SO RICK: Th sn't new? Th is v-J,:at

you had on the ape 11 al ?n

MS. NER: Yes, thi s what's on the CO

that yo borrowed. DC} aga~nf ~~'s ust udio.

Le Ber

Repo ing S rvj

.1

1

3

4

5

6

7

8

9

o

1

12

13

14

15

16

17

18

19

20

21

22

23

24

25

[If s RICK: [\I10ni r

would ra ~er - a sten t ~e whole 2pe, f we

cou~d.

[v] DOt< o. JT' going to play ~he

portion that s des lng t h vias ju ::: :::alk ng abou So lS l :n 0 'vJ inu es in the

ncoun r. T e who e thi :cs an hour nd I don't

re y

, tMR. o RICK: T don't \va t to lSL.en to

tha but I w nt to ste;, up ::0 th time of e

enc U:lter.

M ONI'\ER: vve 11 f can p t on wha:::ever

evidence e w n::s. I'm ::JU ing a a portion of t .

THE o ?T: it makes

more se:lse t lis :::0 once from he beg nning

sequentially. a l , s reorese t ng 1'1 int nds to

p~ay up un th oin t at ou're going a play,

et's just 1 sten t t get it one w tho MS. DONNER: Ok Th 's f ne.

And, ffic I'lJ just op it and ask you

auestio s when I ne to.

THE ~'V I TN::

tJIS. DONNER: r~ S berick, do y u want to

Levi s & Berry c: lng rvi

1 cst cr ss s I ask qu stions so we can just play it

2

3

4

5

6

7

8

9

lO

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

o ce? That wou d be fi~e witt me.

MR. SOBER CK: Let's just play it. Yeah.

MS. DONNER: Okay.

(Audio playing.)

BY MS. DONNER:

Q. Who is it that you're talking to?

A. Paul Emanuele, Officer Emanuele.

(Audio playing.)

BY MS. DONNER:

Q. Now, why is it that you went ahead and went

ln instead 0 having her come to the gate?

A. Because Ms. Crews to this point was yelling

at me on the ph ne not to trespass, that you don't come

on my F'ing property and just rattling on. We had a

search warrant and I was just trying to be nic to say,

"Come down and meet us, " explain what we were go ng to

do I to go ahead and look at her animals and that's t,

but she was being very uncooperative over the one.

MR. SOBERICK: Do you want me to as him a

question now?

Lewis & DeBerry

Reporting Service

5

10

15

20

25

2

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

tvlS. :JONNER: If you lrJant. ,

CROSS EXA~INATION

BY MR. SOBERICK:

Q. Why didn't you tell her you had a search

warrant?

A. I was just trying to be nice and say,

"Hi. How are you doing?" And I would give it to her

face to face. A search warrant needs to be issued to

somebody face to face. It needs to be handed to them.

Q. You said you wanted to look at her animals

and she said no. Why didn't you say you had a search

warrant?

A. I didn't think about saying I had a search

warrant.

Q. You're there to execute a search warrant and

you didn't think to tell her ou had a search warrant?

Wouldn't that be the first thing you should tell her?

A. Didn't go thro gh my mind. I know I needed

to talk to her face to face.

Q. You didn't need to talk to her. You needed

to search.

A. Well, I didn't tell her that I had a search

warrant, as you can hear on the tape recording.

s & DeBerry Reporting Service

5

10

15

20

25

1

2

3

6

7

8

9

11

13

14

16

17

18

19

21

22

23

24

(Audio playing.)

REDIR CT EXAMI~AmION

BY MS. DONNER:

Q. Now, the last th ng we can hear is you say,

"Okay. Come on." What are you talking about?

A. I'm telling Officer Doyle, "Come on. Back

away." We were close by the front door. 'V'Je backed

away probably 20 yards or so to hide behind some bushes

and trees.

(Audio playing.)

BY MS. DONNER:

Q. At this point, can you tell us what's

happening?

A. Yes. I saw Ms. Crews coming from around the

right hand side of the building as you're facing the

building and she was starting to walk towards me and

she was yelling stuff: "Get off the property. What

are you F'ing doing here?"

Q. And did she have anyth ng in her hand at

this point?

A. Yes. She had the shovel in her hand and she

Lewis & DeBerry ting Service

5

10

15

20

25

1 l'tv,l as hold ~ ith vJO ha:1ds and, 0 course, t e spade

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

en was up i~ th ir.

.j-'Q. ]'I"nd you id "Paull! couple 0 ,-lITe s ?

]'I" . Yes. 0 ficer Ema. u Ie saw the movement ar.d

s arted ci~c ing around towards the front door and

around the front of the house as she was f xating on

me, and I started talking to her so I wo ld get her

atter.tior. and she would come toward me. Of course, at

this point, I did identify myselC and Off cer Emanuele

came around from be:-:ind her.

(Audio playing.)

BY MS. DONNER:

Q. Who is t:-:at telling her to put the shovel

down?

A. That's Officer Emar.uele. He has r.ow around

both arms and he's from behind her holdir.g her and the

shovel also.

(Audio playing.)

BY MS. DONNER:

Q. ltJ at =-s that? It's very fair.t. I'm not

sure if Your Honor could have heard her comment. Do

Lewis & DeBerry

Reporting Service

5

10

15

20

25

you " 0 \;J W h a he had j sai to you?

2

3

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

She was yelling a couple expletives to me.

MR. SOBERICK: I didn't hear those.

MS. DONNER: Wer you able t hear her

comment~?

MR. SO RICK: "ltJhat is p'?" I thoug t s~e

said.

MS. DONNER: Then she said, "If I had a gun,

I'd shoot you." Can you hear, Your onor?

THE COOR':::': I didn't h ar ttat, but I can

faintly hear her.

MS. DONNER: It is hard to pic up her

voice.

(Audio playing.)

RECROSS EXAMINATION

BY MR. SOBERICK:

Q. She's in handcuffs this whole time, right? A. Yes, she is.

MR. SOBERICK: Are you going to play t e

whole thi!"'Jg?

MS. DONNER: (No response.)

Lewis & DeBerry orti Service

5

10

15

20

25

7

1

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

(l\cdio playing.)

BY MR. SOBER:::CK:

Q. Did she fell w you in handcuffs?

No. Officer Enanuele was holding her in one

area and I was just kind of backing away trying to

remove myself from the situation waiting for the other

officers to arrive.

Q. Why did you eed other officers?

A. Officer Emanuele called other officers.

don't know why. At this point we were just kind of

diffusing the situation, just kind of backing avJay,

waiting unLil -- we were not going to go into the house

or investigate anything in the house or on the property

unless there was a sheriff's deputy with us. At this

point, Officer Emanuele was the only sheriff's deputy,

so we just stood there and waited until other personnel

cane.

Q. Sounds like you're walking on the tape.

What's that all about?

A. I'm just walking away from where this all

happened. It's only about maybe 20 feet or so where

the shovel in that picture was. One of our officers

did go down to go ahead and get ready to open the gate

as other officers were arriving so the dogs would not

Lewis & DeBerry

Reporting Service

5

10

15

20

25

8

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

escape from the property be ause h property s

tot lly fenced n.

FURTHER REDIRECT EXAMINATION

BY MS. DONNER:

Q. So when you exec te a search warrant, you

have a member of the sheriff's department with you?

A. At all imes.

MS. DONNER: Okay.

(Audio playing.)

MR. SOBER I K: Is there any re that's

relevant to this charge? She's in handcuffs.

BY MS. DONN R:

Q. Did you have any more encounter with

Ms. Crews that would be on this tape?

A. No, no other encounter that would be

relevant. I don't talk to her too much more after this

point.

Q. Okay. So once, I take it, an ther sheriff's

deputy does get there, the what happens?

A. At that point they do escort her down

Lev/is & DeBerry

Reporting Service

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

t w ds ~he fence area. We J st sto d ght ,"",he e we

were at ntil they either tOOK her in custody, whatever

they did. Ar:d then at hat poir:t, Lieutena Haw ir:s

came p ar:d he assisted us from that po nt on with the

searchir: f the property.

Q. o ay. Throughout the se rch warrant, did

you have any contact with Ms. Crews?

A. Throughout from t e poir:t that

Q. Yah. e you're searching the h use, the

property

A. No.

Q. -- she was already w~th the sheriff's

deputies?

A. Yes. And had no oth r contact w th her

ur:til after I met her at the county jail to issue her

summonses.

MS. DONNER: Okay. Answer Mr. Soberick's

questions.

FURTHER RECROSS-EXAM NATION

BY MR. SOBERICK:

Q. So the first time that you've advised her

that you have a search warrant is after she's been put

in handcuffs and subdued by Sergear:t Emanu le?

Lewis & DeBerry

Reporting Service

5

10

15

20

25

30

the

on

1 A. y

2 Q. And when y u're at he house knocking on

3 door, you don't y 11, "I have a search ItJarrant"? You

4 don't give any notice of a search warrant at that

point?

6 A. I was not knocking on the aoor. Of icer

7 Emanuele was knocking on the door. I was standing

8 back.

9 Q. Okay. Did you yell whi e he was knocking

the door?

II No, I d d not yell.

12 Q. Did he yell and advise that you a 1 had a

13 search warrant?

14 A. I do not believe he did.

Q. When she first talked to you in th morning,

16 she told you she was sleeping, didn't she?

17 A. She told me I got her out of bed, that she

18 was in bed.

19 Q. And you didn't advise her that you were

carrying a tape recorder, did you?

21 A. No, I did not.

22 Q. And is that your po icy, to carry tape

23 recorders around? s that the sheriff's office po cy?

24 A. n animal control = do that for two reasons:

One

Lewis & DeBerry ing Service

5

10

15

20

25

1

My ques ion was is t at the policy?

2

1

A. Tha ,"-s. It's my po icy, yes, for our

3 department.

4 Q. It's your p licy? t's ot the department's

pol cy?

6 A. I do believe it s the department's policy.

7 Every officer is issued one of these tape recorders

8 through the county. The county has bought them. 'iiJ e

9 did not buy them with our own money.

Q. Before you called her and said you were up

11 there, had you had any other conversations with her

12 t'1at morning?

13 A. That morning, no.

14 Q. And she told you she didn't want you on the

property, didn't want you to trespass?

16 A. Over the phone, she did when I was at the

17 gate and ItJ a trying to talk to her.

18 Q. And I think we've estab ished even though

19 she said, "I don't want you on the property, I don't

want you to trespass," you said, "I need to talk to you

21 about your animals"?

22 A. Yes.

23 Q. And stil' didn' L say anything abo"ct the

24 search warrant?

A. No, I did not tell h r over the phone that I

Lewis & :JeBerry Reporting Service

5

10

15

20

25

I

2

3

4

6

7

8

9

1

12

13

4

6

17

18

19

21

22

23

24

n you say a w en you saw er com ng

from behind the trees -- did you see her come out of

the house?

A. I d d not see her come out of the house.

saw her come around from ~he back right side 0 the

house as you're facing the hou e.

Q. Can you just rea quickly -- I don't want to

take too long. Can yo~ just draw a diagram of where

you and everybody was standing and where the house is

and where you pull up to, if you would?

A. Sure.

Q. So we can see where everybody was going.

A. This is not the proportion size. This is

the gate.

Q. Where is the house?

P. The house is back here.

Q. Just put "house" there. That's f ne.

A. This is the long driveway. Here is

Providence Road right along he e.

Q. A right. Write "Providence" on there.

A. (Witness complies.)

Q. Where did yo~ init ally pull in?

A. We pulled in right in front of the gate.

There's enough room for cars to pull up to the gate.

Lewis & DeBerry

Reporting Service

1 Q. And that's w'her y u made the phone ca

2 1:'" Ye

3 Q. Se geant Ema e was with ou?

4 A. Ye , he was.

5 Q. And then you a 1 ended up op ning up the

6 gate and that's when there was a conversation of

7 whether it's e ectric or not with Sergeant Eman ele?

8 A. We opened up the gate. We made sure the

9 dogs did not escape from the property. We resecured

10 the gate and wa ked up to the house.

11 Q. Okay.

12 There are severa trees along the front of

13 the house and here is the front door. We walked up to

14 the front door. Sergeant Emanuele was standing at the

15 front door. He knocked. I was standing back over on

16 this side.

17 Q. Just put your initials there.

18 A. Okay.

19 Q. Put PE.

20 A. Officer Doyle, I do believe, was -- I can't

21 say exactly but I think he was over to my right-hand

22 side as we were facing the house. Shaun Doyle, SO.

23 that point when we decided to take cover or I decided

24 to take cover, I ran back around and hid right beh nd

25 this tree, which is inside the picture.

Lewis & DeBerry Reporting Service

At

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Q. Where is Emanuele?

A. Emanue e ran back and hid by this tree.

Officer Doyle ran back nd hid over here.

Q. A 1 right. Then what happened?

A. So we took cover. It.Je waited. When we did

see movement, I saw her right about here as she started

approaching me in this direction.

Q. Down that driveway that's

A. Well, it's not a driveway. It's - it is.

MS. DONNER: Is it shown in the first

photograph, Commonwealth's 1?

BY MR. SOBERICK:

Q. Is this the treed area?

A. This is the treed area.

MS. DONNER: Look at the colored one. It's

a little easier.

TH WITNESS: Officer Emanuele was hiding

right behind this tree and he did move over to this

tree after a couple minutes. T e front door is over

here. I was h ding right over here and Officer

Doyle

i'1R. SOBERICK: You were hiding behind here?

THE WITNESS: This tree right here.

THE COURT: Where is the house in each of

Lewis & DeBerry

Reporting Service

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

these photos?

THE W TNESS: he house is over here behind

this tree. The house is you can probab y see the

front of the door right here. This is the front door

area. As she started coming towards me, that's when I

identified myself. r.ere was, do believ , a vehicle

or something and there is also a d g pen right back in

here. So the first ime I saw her is not when sh

immediately came out from behind the house but maybe

several feet, ten feet or so, and started walking in my

direction immediately.

MR. SOBERICK:

Q. Okay. All right. And when you saw her, she

was -- where was the shovel?

A. She was holding the shovel like this with

the spade end up.

Q. Did she have a soda can in r.er hand?

A. No.

Q. Did you see a soda can In er pocket or in

her hand at any time at all?

A. Yes, she did hav some kind of soda can.

Q. Where was that?

A. That - I don't know where that was.

Q. Where did you see it?

Lewis & DeBerry

Reporting Service

6

2

3

4

5

6

7

8

9

o

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

0someth ng. It was -- she had t somew e e none

her po kets but I did 't really pay attention to it.

Q. So then what happened? She's corning down

the road and you say the whole time you saw her, she

had this thing like this, Ii ke she was arrying a rifle

or someth ng?

A. Yes, Ii ke that.

Q. And the shovel end was with the spade end

vJas at the top?

A. At the top end, yes.

Q. All right. And then what h ppened?

A. identified myself. I told her who I was.

As she was walking towa ds me, she carne up like this

with her elbow and her arm actually moved up.

Q. How close was she to you?

A. She was as far as from me to you when it was

up here and she was walking about this pace.

Q. And what did y u do?

A. I start corning up with my hands like this

and I could see Officer Emanuele corning right around

behind her and he grabbed around her waist and around

her arms.

Q. So you raised your hands?

A. I raised my hands up in defe sive mode to go


5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

ah d and try to lock the ve or to head and

catch the shove As you c uld hear on the thing, I

was saying, "Ma' am, rna' am, rna' am," or whatever, saying

that, you know, there was a problem.

Q. And Emanuele waul ha e seen her raise t p

then, right?

t-l. 71 I would believe so, from behind.

Q. And when you first aw Emanuele coming

behind her, where was she? In this picture, where was

she?

A. In this picture, when I first saw her, she

was way back in here. When she got to about here,

that's when I saw him come out from behind this bush

and approach he rf r a :n behind.

Q. So the entire time you saw her, she had it

up and raised?

A. She had the shovel in her hand like this.

Q. The entire time?

A. The entire time as she was walking towards

me.

Q. All right. And then she got towards you and

it looked like she was raising t more?

A. Yes.

Q. So you just put your hands up in a defensive

posture?

Lewis & DeBerry

Reporting Service

5

10

15

20

25

3

1 A. I robably t ok a ste back and got ead

2 and my hands caDe up about this far.

3 Q. You still did 't tell her you had a search

4 warrant?

A. At this point she's coming at me yelli g

6 expletives, holding a shovel, bei g aggressive towards

7 me. No, I wasn't thinking about telling her I had a

8 search warrant. I was thinking about protecting

9 myself.

Q. What awful right do you have to be on her

11 property if she thinks you're a trespasser? Why do you

12 think you have a right to be on her property if she

13 doesn't know you have a search warrant?

14 MS. DONNER: Objection, Your Honor. He's asking the officer to argue the law.

16 THE COURT: Yeah, it's a egal question.

17 MR. SOBERICK: That's fine.

18

19 BY MR. SOBERICK:

Q. She asked you to eave and you didn't leave,

21 several tines; right?

22 A. That's right.

23 Q. And then when she raised th shovel, as u

24 say, that's when Emanuele grabbed her around the waist?

A. Yes.


5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Q.

A.

her arms

A.

Q.

kind of

A.

Q.

A.

Q.

A.

Q.

pull the

,,,,,hen he

A.

Q.

A.

Q.

A.

Q.

A.

recal

ended up

Q.

Cid they fall to the ground?

No. She dropped the shovel and he wrestled

behind her back aGd did what he did.

She submitted to him or whatever?

At that point, yes.

So you're the only person that she made any

aggressive move towards?

Yes.

And you never saw a gun?

No, I did no

And you never heard any gunshots?

No, I did not.

And then on Emanuele subdued her, did he

shovel out of her hand or did she just drop it

said, I heard on the tape f "Drop the shovel"?

She just dropped the shovel.

She just dropped it?

Yes.

And then he pu her in handcuffs?

Yes.

Behind her back or in front of her back?

I don't reca 1 but I do believe -- I do no

I can't say a hundred percent. I know she

being handcuffed from behind her back.

Okay. And then from then on she's

.Lewis & DeBerry ing Service

5

10

15

20

25

40

-'- handcuffed the whole time? 1 I 2

3

4

6

7

8

9

1

12

13

4

:6

17

18

22

23

24

A. Yes.

Q. When she's yel'ing at you and abusing you,

for ack 0 a better phrase, or yel i~g at you

A. Yes.

Q. - she's in han cuffs?

A. Yes.

Q. And Emanuele is next to her?

A. Yes.

Q. Does he have his hand up on r arm?

A. He's holding her and restraining her.

Q. The whole time. Okay. All right. Then

it's after that point that you say, "I'm here because

I've got a search warrant"?

A. Once -- no -- yeah, exact y. Whatever the

tape said is exactly what it is:

Q. After she's been handcuffed

A. Yes.

Q. and whatever and she's dropped the

shovel?

A. Yes.

Q. And you never saw her dragging the shovel

behind her?

A. No.

Q. And you were armed; is that right?

Lewis & DeBerry

Reporting Service

41

1

2

3

5

6

7

8

9

o

11

12

13

'-4

15

16

17

18

19

20

21

22

23

24

25

A. Yes, I am.

Q. Do you ever draw your weapon?

A. No, I do not.

Q. Where was the other was it Officer Shaun?

A. Sh un Doyle.

Q. Shaun Doyle was off on your right?

A. Yes.

Q. So she didnlt know at any time at all that

you were executing a search warrant until after

MS. DONNER: Objection, Your Honor. He

doesn't know what she knows. He only knows what he

said.

BY MR. SOBERICK:

Q. Did you advise her at all prior to her being

arrested that you were executing a search warrant?

A. As the tape - you can hear - no, not unt

after she is handcuffed.

Q. And Emanuele never did either that you could

hear?

A. That I could hear. I did not hear him say

that.

Q. You were with him the whole time though?

A. Pretty much.

Q. Except when you all took cover?


5

10

15

20

25

I~ 2

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

~l. 9

21

22

23

24

A. Yes.

Q. And Doyle never to~d her that you were

xecuting a search warrant?

A. No.

Q. And you've had other problems with Ms. Crews

in the past yourself?

A. Yes.

Q. You'v threatened to take her animals in the

past?

A. No.

Q. Never threatened to take a dog?

A. Never.

MR. SOBERICK: Thank you, Officer.

THE COURT: Any redirect - well, are we

going to go ahead and hear the substantive counts as

well?

[VIR. WILMOT: I t h ink so, if I ma y .

DIRECT EXAMINATION

BY MR. IrHLMOT:

Q. First of all, let me start with the county

Class 2 misdemeanor, the duties and authority of animal

control officers. I just want to make sure I know the

basis of that charge. Was the basis of that charge

Lewis & DeBerry

Reporting Service

5

10

15

20

25

113

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Ms. Crews coming at you with a shovel?

A. According to the aw

Q. Don't tell me what th law is.

A. Yes. She ca~e at me with a shovel. Also

she misled me and told me false infor~ation.

Q. Can you tell us what information she gave

you that you determined was fa se?

A. Well, she told me that she only had she

told all of us she on y had two ani als in the house

and there were two dogs.

Q. Is there any other information that you

later determined was false that she gave you?

A. Well, on the basis of my search warrant, I

knew that this was at least questionable because of the

information that was given to me for the search

\varrant.

Q. But beyond her stating to you that she only

had two animals in the house, is ther any other

information she gave you that you later determined was

false?

A. I can't think of anything of hand.

Q. All right. So her co~ing at you with the

shovel?

A. Yes.

Q. And her statemen o you that there are only

Lewis & rting Se

5

10

15

20

25

(J

1

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

two anirrals in the house?

A. Yes.

Q. All ~ight. Now, yO"v. say you later

determined that he statement to you that the~e were

only two animals in the hous was false?

lo,. '!es.

Q. Was that when you we~e executing the se rch

warrant?

lo,. Yes.

Q. How many other animals we e the e in the

house?

A. Oh, there were at least three large lizards,

a rabbit in the house, a chinc illa, turtles. There

were birds. There was three cats. So there \vas

obviously a lot more than just two dogs in the house.

L\tlR. W LMOT: There were a series of

P otographs taken around the time the search warrant

was being executed. Anyway, they are numbered in pages

1 through 24. Mr. Soberick, do you "have copies of

those photographs?

MR. SOBERICK: I think I do. I do.

MR. WILMOT: May approach, Your Honor?

THE COURT: Yes.

LevJis & DeBerry

Reporting Service

5

10

15

20

25

45

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

BY MR. WILMOT:

Q. Would you take a look at these photographs,

and were those photographs taken at the time the search

warrant was executed?

A. The first two were tak n yes, actually

they were all taken during the search warrant while

they were being executed. All of them were.

Q. All right. And d those photographs fairly

and accurately depict the sub ect of those photographs,

meaning it looked like that when the photographs were

taken?

A. Yes. Correct.

IVIR. WIU10T: Your Honor, I would like to

collectively offer those as County Exhibit 1. I think

that one 0= the top photographs has already been introduced on behalf of the Commonwealth. We have all

1 through 24.

THE COURT: Any objection?

MR. SOBER CK: guess my objection lS the

comments above and below the photographs.

THE COURT: All right.

MR. WILMOT: And understand that objection

and I don't disagree. I'm merely offering the

photographs for the pictures.

MR. SOBERICK: You can put on blinders,

Lewis & DeBerry rting Se ce

5

10

15

20

25

6

1

2

3

4

7

8

9

1

12

13

4

16

17

18

19

21

22

23

24

Judge. Just look at the pictures.

THE COCRT: lUI right. I'll take my glasses

off.

MR. SOBERICK: Take your glasses off. There

you go.

(Whereupon, the photographs were received in

evidence collectively as County Exhibit N mber 1.)

BY MR. LiJILMOT:

Q. That's as far as the allegation f

interfering with the duties and authority of animal

control officers, the shovel and the statement. But

now let's go into the six duties of ownership charges.

A. Yes.

Q. When you were outside - we'll do it by

photograph. Photograph 3. So we'll start with the

dogs.

MS. DONNER: I'll give the officer my copy

to look at so that you can

MR. LiJ LMOT: Thank you, Monique.

BY MR. WILMOT:

Q. One of the charges alleges failure to

perform duties of ownership with reference to the dogs.

Lewis & DeBerry

Reporting Service

5

10

15

20

25

Il7

1

2

4

6

7

8

9

1

12

13

14

16

17

18

19

21

22

23

24

Yes.

Q. Let's start with p otograph 3 and let's talk

about the dogs. W at is it about the condition of the

treatment of the dogs that led to that c~arge?

A. Okay. The dog pen had numerous piles of

feces in it. There was also trash in it. There was no

water for the dogs to drink that was drinkable. It was

either bug-ridden or ~ad numerous leaves in it. It was

undrinkable. In this photo they were given water by

our office~s and, as you see, the dogs were all

drinking it up a lot.

Q. Did they immediately go to drinking the

water?

A. Yes, they did. And these are the dogs that

are inside the pen that - if you're facing the house,

',-1it's on the right-hand Sl",e. Behind the house, there's

pens back there.

Q. Photograph 3 and page 4, are they the same

pen?

A. Yes, they are the same pen. Yes, they are.

Q. What about page 5?

A. Page 5, that is also the same pen. There is

a dog that was chained up outside, the tan dog on page

5 on the left. That dog could not access any clean

water because there wasn't any water for him to drink.

Lewis & DeBerry

Reporting Service

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

o

21

22

23

24

25

he pa e on the r ght-hand SJ. e the bucket

now does have water after we gave it so~e water.

Q. Is that the ext nt of the factua

information which led to t e charge of duties of

ownership with reference to the do s?

A. Yes, lack of water -- or no water or no

potable drin ing water. That's duties of ownership

violation.

Q. Let's move on to number 6, the rabbit.

A. he rabbit in the cage, that rabbit was in a

cage underneath the cage that had a chinchilla in it,

which was also later photographed. The feces ihat was

inside this cage was numerous. It was spilling out

onto the floor. It appeared to me that it had bugs

inside the feces. Also the problem inside the whole

basement area where this a~imal was found was there was

about half an inch to al~ost an inch of water in

several parts of the basement and there was also animal

feces inside the water making it very severe

respiratory problems for the animals. It was very

pungent with the smell of mold and also rotting feces.

Q. A~d how many - was it one rabbit and one

chinchilla?

A. Yes, one rabbit a~d one chinchilla inside

the basement area.

Lewis & DeBerry

Reporting Service

5

10

15

20

25

4

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Q. And that's page 6. Move on to page 7.

There are rabbits and guine pigs. Can you explain

what you fund in reference to them?

A. Rabbits and guinea pigs are kept in the

shed. The property is rather large. The section of

sheds are all in a row. They are located back behind

the large barn that's on the property. As you can see,

there's several rabbits, three rabbits and several

guinea pigs. The feces on the floor was packed down at

least six inches in some sections. There was no water,

you know, that was drinkable. The water that is

depicted inside the bowls, as you can see, is black.

It had feces and rotting food inside of it, which is

not good or indicative to any kind of animal to drink.

Q. And is this also the condition which is

depicted on page 8?

A. Yes, on page 8 is the same thing, just a few

more pictures of the rabbits and the guinea pigs. In

this area it's severely dirty.

Q. lUI right. Move on to the lizard on page 9

and describe what you saw with reference to the lizard.

A. This is a monitor lizard. The lizard had no

for l~ to drink. It had a light on top ofwater at all 'j

it to try to keep it warm. They tend to want to have

warmer some have heat lamps. The material on the

Lewis & DeBerry

Reporting Service

5

10

15

20

25

o

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

bottom was ill ifferent stages of decomposition f

animal feces. It was just not a very ood place for

any anima to stay because of the lack of cleanliness

for this anima As you can see on the sides of the

wall, it's very irty \--lith - it could be feces. It

could be dirt. Whatever it is, it was not good for the

animal.

Q. All right. Page 10, the green iguana?

A. This is another iguana. It was Kept in a

cage. Again, had no water, numerous feces on the

bottom, very dirty cage.

Q. All right. Page 11, is that the same green

iguana?

A. No. This is a different green -- two green

iguanas and one monitor lizard. This green iguana was

inside what would be called a chest freezer with the

top removed and it had a screen on top of it. Like

said, this iguana was in with a bunch of turtles. It

had box turtles and there were some water turtles also

inside this freezer. Again, numerous amounts of feces

on the sides of the wall. You could see it's spread

allover the sides. There was no clean water for the

animals.

Q. All right. Page 12.

A. 12 is that same freezer, pictures of some of

Lewis & DeBerry

Reporting Service

I

5

10

15

20

25

Sl

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

the ~urtles. On ~he right-hand side ther was some

kind of container that had a rock in i~ and some of the

turtles. The container had this muddy, mucky, nasty

water. That was the only water that we found inside

this whole thing for these animals.

Q. All right. So that describes the conditions

relative to the reptiles, correct?

A. Yes.

Q. And we've already done the dogs and the

rabbits?

A. Yes.

Q. So let's move on to charge 4, which is the

horses, which starts conveniently on page 13.

A. These two horses are in the large barn

that's on the property. There was actually no water

for them to drink. When we did give them water, once

again, they went right up to it and immediately started

drinking the water.

Q. That's on page 14, right?

A. Yes.

Q. And 15?

A. On page 14 1S where 13 horses were at.

There was no water at all for the horses to drin for

that amount of horses and a place for no water to drin~

is not once again very good for them. On page 15 it

I.,ewis & DeBerry

Reporting Service

5

10

15

20

25

52

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

shows the empty bathtub, which that's wh t they use for

watering the horses. And then f curse we actually . , , f l -L' _ ' up the bathtub for the h rses to drink water and

they all did.

Q. So there was no source of water at all for

any of these horses?

A. We could not find any water to use to give

these animals also. All the spigots that we found

appeared o not be used for several months or a long

period of time. It was asked of me how did we water

the horses and I told Ms. Crews ~hat we had gotten the

fire department out there with a fire truck with some

potable water to give the animals. I told that to

Mr. Crews also.

Q. So you still don't know where they would

have gotten water to water

A. There was a problem, I do believe, and this

is only what I saw. Because of the flood in the

basement that appeared to be there for quite some time,

maybe there was a water problem at the house and that's

why none of the spigots worked. I don't know.

Q. Then page 16 depicts the horss drinking the

water. I guess it disproves the maxim, that you can

lead a horse to water and make it drink. They actually

were drinking?


1 Yes. Th t's before and after shot of the

2 same barrel.

3 Q. All right. I that the extent of Lhe

4 physical condition of Lhe property with reference to

5 the charge which led to failure to perform duties of

6 ownership to the horses?

7 A. Yes.

8 Q. Then let's move on to birds, which start on

9 page 17. Can you please describe the physical

10 condition of the cages and the water source for the

11 birds.

12 A. When we first walked into the back door of

13 the house, this is a living-type room I guess where

14 these three birds were being kept in cages. Again,

15 there was feces on the walls, you can see in the

16 pictures, allover the floor, in the caging, in the

17 food. On one picture on page 17 and you can see it on

"1.8 18, the green bird, there looks to be a big pile of

19 green something on the bottom. That is actually a pile

20 of feces that is at least somewhere between four to

21 six inches tall inside the caging.

22

23

24

Q. All right. Page 18?

A. Same thing. A green bird and there's this

other bird that was over by the fireplace. The feces

again for this bird were allover the floor. They were


5

10

15

20

25

54

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

stacked up inside the cagi_ g. This is not hea thy or

any animal to be living in this amount f feces.

Q. All right. Then we go to 19 and 20. Are

these different rabbits and guinea pigs?

A. mhese are guinea pigs and rabbits also that

go along with that, with the r dents -- with rabbits.

Q. Right. These are additional animals? They

are not the same animals that were depicted in previous

photog aphs?

A. Exactly.

Q. What was wrong with their surroundings?

A. Again, you could see the bowls. v-Jha t wa s

offered to them to drink is blackish brownish

food ridden, feces ridden water. ~t's not healthy for

the animals. It constitutes a lack of care for the

animals, on page 19 and 20.

Q. All right. hen 21 is mice and a

chinchilla?

A. Yes. In the basement right below where

these tanks are being kept is where there was water all

over the floor and there was also a cage there that had

all sorts of what you call bedding, and inside the

bedding was a lot of feces. And once again the water

was flowing through there. These mice, the feces in

there, was abundant. They did have water. And with

Lewis & DeBerry

Reporting Service

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

the chinchilla, there was not really any ma 4 0r problem.

I just put that in there th t that's what was also

inside the basement was a chinchilla. It did have

food. It was fairly clean. It did have a clean house

basically for them to dust themselves off. They looKed

fairly clean.

Q. All right. Page 22, the rats?

A. Yes, the rats. There w re five-plus rats we

could see in this page on 22. It was hard to see them

because of the a~ount of debris that was all inside the

chicKen wire. At first we thought there were one or

two rats. As we started looking closer, we did see up

to five rats in this caging. Again, as you can see on

the floor, there's food that is rotting on the floor.

It's on the chicken wire. There's feces everywhere

and just all around unclean.

Q. And it also holds true for page 23?

A. Yes, 23, same thing.

Q. And 24?

This is another section where there are

other animals which were the mice on page 24. Again,

throug:'1out all this, in these sheds the smell is

overwhelming and my concern also is not just for the

cleanliness but for any kind of respiratory problems

that these animals ~ight have down the line.

Lewis & DeBerry

Reporting Service

5

10

15

20

25

5

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Q. Now, these latt r photo raphs, they are what

you call the domestic rodents; is that corr ct?

A. Yes.

Q. That's what led to the charges to failure to

perform duties of ownership with reference to domestic

rodents?

A. Rodents and mice and also the guinea pigs.

I put them into the class of rodents. Those are all

sold inside pet stores as domestic rodents or animals.

Q. Did you have an occasion to talk to

Ms. Crews about this condition of the animals, the

surroundings?

A. No, I did not. When I gave her the

summonses, I told her what each one was for. I did not

talk in length about what the problems were. I did

talk to her husband at a later date and gave him a list

of items of why she was charged for these.

Q. Now, I believe earlier you indicated that

you had told Ms. Crews you were not there to take the

an mals and it was not your desire to take the

animals?

A. Exactly. Yes.

Q. Did you take the animals?

A. We took one animal under the authority or

the advice -- we were told by the game wardens - there

Lewis & DeBerry rting Service

5

10

15

20

25

57

1

2

3

4

6

8

9

11

12

13

14

16

1

18

19

21

22

23

24

irJas a squi re that was ei~g kept inside a cag in the

basement. We talked to ieute ~a t awkins, who talked

to deputies who talked to [vJs. Crews, and we were told

by ieutenant Hawkins that she had found the squirrel

on the property. And we told that to the game warden

and they said, "That's fine. It's wildlife. She

doesn't have a license to have wildlife. What you need

to do is take that animal out and release it," and

that's what we did.

Q. Now, have you had an occasion to go back and

check on the condition of the animals since the

execution of the search warrant?

A. No, I have not.

Q. So we don't know what the state is now?

A. No, we don't.

MR. ItVIUv10T: I don't have any other

questions, Your Honor.

MS. DONNER: I would like the officer

forgot to do this. I would like to offer the DVD that

we watched as Commonwealth Exhibit 3.

THE COURT: All right.

(Whereupon, the DVD was received in

evidence as Commonwealth's Exhibit Number 3.)

Lewis & DeBerry

Reporting Service

I

5

10

15

20

25

5

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

MR. WI t'10T: Than~ you, Your Honor. That's

all the questi ns I have f Office~ Baranek with

reference to the county charges.

THE COuRT: 1\11 right. Mr. Soberick.

CROSS-EXAMINAT ON

BY MR. SOBERICK:

Q. You say that you too out the charge against

her for lying to you because she said there were two

dogs In the house?

A. Yes.

Q. How many dogs did you find in the house?

A. She told me there were two dogs in the house

and that is it.

Q. Did you ask her that question?

A. That's what she stated to us. I didn't ask.

It was during when we were waiting for the other

officers to come.

Q. She said, "There's two dogs in the house"?

A. "And that is it," is what she said.

Q. She said, "That's it"?

A. "And that's it."

Q. Okay. Is that on the tape?

A. It's on the tape, yes.

Lewis & DeBerry

Reporting Service

5

10

15

20

25

S9

1

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Q. And you don't recall how that came about?

A. No, I don't remember exactly how that ane

out. I don't believe I asked her how many animals have

you had in the house. I think it just came out because

we were talking about the condition of the animals.

Q. Didn't yOJ say that yo were going up to the

house to check on the animals a:r-;d she said, "There are

two dogs in the house"?

A. She said, "There are tvJO dogs in the house

and that's it."

Q. And she said, "And that's it"?

A. "And that's it."

Q. Okay. And that wasn't in response to a

question that you gave her?

I don't believe so, no.

Q. Okay. And so you consider that -- was she

Mirandized when she was arrested?

IL No, but I don't arrest people.

Q. Sergeant Emanuele did?

A. I don't knovJ.

Q. You don't know?

A. I don't know if he arrested her.

Q. What do you call putting handcuffs on

somebody?

A. Detaining someone.

Lewis & DeBerry

Reporting Service

5

10

15

20

25

6

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Q. Detain ng someo e. nd they took her down

to the pol ce station. You kne\.-} thac:.?

A. I don't know xactly at th t time where the

took her.

Q. Y u're telling me that you didn't know that

she was arrested? Really? That's what you're telling

this Court?

MR. WILMOT: I don't know what the relevance

is, Your Hono

MR. SOSERICK: She made a statement after

she's been arrested. She's under oac:.h and she had to

have Miranda.

MR. WILMOT: He didn't question her, Your

Eonor.

THE COURT: Sut I think that would be a

legal question as to whether she's -- you can ask

whether he told her she was under arrest or what she

was told.

BY MR. SOSERICK:

Q. So she told you that there were two dogs in

the house and you found all these other animals in the

basement, so you thought she was lying to you?

A. Yes.

Q. So because of that, she's now charged with a

Lewis & DeBerry orting Service

5

10

15

20

25

6

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Class 2 'Tlisdemeanor?

A. That's one of the reasons. The othe reason

is because she came at me with a shovel.

Q. Okay. But that's the same reason that

Sergeant Emanuele charged her, wasn't it?

A. I don't know what he's charging her with

before and I can't state the reason why. I know what

I'm charging her underneath county code for animal

control la 1Ns.

Q. And just so I'm clear, for any person to

make a false statement while in the performance of

their duties conducting an investigation, that's what

you're going after because she said there's two animals

in the house?

A. That's one of the reasons why, yes.

Q. And what's the other reason?

A. The other reason is because she attempted to

strike me with a shovel. That's in section (f) of 3-3.

Q. All right. Now, principally the animals

were lacking in water? Is that the principal one that

was common to all the animals?

A. That and the fact that the condi~ions - a

lot of, almost all the anircals, except for the horses,

that were living in their feces.

Q. Any of the animals appear to be - any of

Lewis & DeBerry

Reporting Service

5

10

15

20

25

6

1

2:

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

t e animals need any ve e ina y ca e tha YO'J saw?

No, hey didn't.

Q. A 1 .cigh"'.:... And so the fact that they didn't

have water, by itself, wouldn't have constituted a

violation?

A. Yes, it would.

Q. It wou d?

A. Inside the law it states that anyone of

those items that are the duties of ownership wou d

constitute a violation of the law.

Q. SO if I left a pot of water for my dog this

morning, he drinks the water all day today and you get

home before I do, the water bowl is empty, I've

committed a misdemeanor?

A. Okay. I understand what you're saying.

Q. Yeah.

A. But you've got to understand with this

amount 0 animals with no drinkable water and no source

after we find the fact that none of the sources of the

water we had, we had to call in fire trucks, there's a

problem.

Q. Did you ever ask her where the source of

water was?

A. No, I did not.

Q. Isn't it true that you all didn't know how

Lewis & DeBerry

Reporting Service

5

10

15

20

25

63

1

:2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

to turn the water on and that's why there wasn't a

source of water?

A. We tried to turn on the water sources that

we could find and none of them worked.

Q. And as far as the inadequate water, just so

we're clear, doesn't it have to result in some

malnutrition or some dehydration of the animal?

A. No, it does not.

MR. WILMOT: Ob ect. It's a legal

conclusion.

THS COURT: Sustained.

MR. SOBERICK: All right.

BY MR. SOBERICK:

Q. Have you read the ordinance?

A. Yes.

Q. Who is Cindy?

A. Cindy?

Q. You kept mentioning, "I called Cindy to

patch me through."

A. Oh. That is whoever the dispatcher is at

the time because when I was calling from my cell phone,

I do not like to call directly from my cell phone so if

somebody has caller 10, they can get my cell phone

number. I call the sheriff's dispatcher. They patch

Lewis & DeBerry

Reporting S ce

5

10

15

20

25

64

1 me through.

Q. So who is Cindy?

3 A. That's whoever was the ~ispatcher at - one

4 of the dispatchers at the time. She works at the

sheriff's 911 dispatchers. When 1 called Ms. Crews, 1

6 called the sheriff's dispatch nonemergency number,

7 which is 693-3890. At that point, Cindy, who was one

8 of the dispatchers, answered. 1 asked her if she can

9 patch me through to Ms. Crews' phone number. This way

my cell phone would not show up on her caller 1D.

11 That's a common practice in our department.

12 Q. And you will agree that on several of the

13 animals, they had dirt floors or floors that were dirt?

14 A. Well, the only dirt floors that we found

were probably for the horses and the dogs. The rest of

16 the floors that were inside the shedding area, if we're

17 talking about the shedding, were not dirt. They were

18 decomposing feces and food.

19 Q. Okay. And there was feces inside the rabbit

cage. Did you ever advise her about these conditions

21 and give her a chance to clear them up?

22 A. At that point, the sheriff's department had

23 custody of her and 1 could not tell her anything. 1

24 didn't know she had these animals in her custody until

at this day.


5

10

15

20

25

6

1 Q. kay. now, y question w did yo ever

L adv se her, as a result of your findings, what she

3 needed to do to clean the~ up?

4 A. I advised her husband. I gave her a copy

of-

6 Q. My question was, Did you ever advise her?

7 A. No.

8 Q. That's all I was looking for. Whe did you

9 advise the husband?

A. It was a couple of days later. I can't say

11 exactly when unless I look back in sam records, but I

12 did meet Mr. Crews and some other gentleman at the

13 sheriff's department inside the parking lot. At that

14 time I shortly explained some of the problems that we

found at the house and gave him a detailed list of each

16 type of animal and what problems I found. I do have a

17 copy of that w th me if you would like to see that.

18 Q. Just briefly, the duties of ownership for

19 the dog is that they had a dirty pen with some feces in

it?

21 A. Yes.

22 Q. And there was no water?

23 A. Yes.

24 Q. Anything else?

A. There were other violations I did not charge


5

10

15

20

25

66

1

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

her with and thos violations

As far as duty of ownership?

A. No. That's it.

Q. And the rabbits were the feces?

A. Feces and lack of clean water.

Q. Reptiles was the monitor lizard?

A. Was the clean iness and the feces and also

lack of water.

Q. Okay. And the light, was the light a

problem?

A. No.

Q. And the horses was?

A. Lack of \,;ater.

Q. Just the water?

A. Yes.

Q. And the birds, what were the birds?

A. The birds, cleanliness, amount of feces in

the cage.

Q. And water?

A. They had water. It was borderline.

Q. And domestic rodents, that was the -

A. That's the mice and the guinea pigs. Again,

lack of clean water and the amount of feces.

Q. All right. And you say there was water in

the basement of the house?

Lewis & DeBerry

Reporting Service

5

10

15

20

25

67

1

3

4

6

7

8

9

11

12

13

14

16

1

18

19

21

22

23

24

A. Yes.

uo you know how long the water had been

there?

A. I could not say. I can only speculate and

it's because of the smell of mold and what we saw.

Q. All right. And you don't know how the water

got there?

A. No.

Q. Did you ask Ms. Crews how it got there?

A. No.

Q. Did you ever talk to Mr. Crews about it?

A. It was mentioned about the water situation

and how we got the water from the fire department and

watered them, it was something was wrong with the pump.

Q. Septic pump, sump pump?

A. 'l'he sump pump ma e. Whatever pump it was,

there was something wrong with the pump and that's why

there was water down there.

Q. Okay. And that's what you learned from

Mr. Crews?

A. I did, yes.

MR. SOBERICK: Thank you. Nothing further.

THE COURT: Any redirect?

MS. DONNER: No, Your Honor.

MR. WILMOT: Just one or two, if I may, Your

Lewis & DeBerry

Reporting Service

5

10

15

20

25

68

1

:2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

Honer.

THE COURT: Go ahead.

REDIRECT SXAMINAT ON

BY MR. WILMOT:

Q. Coming at you with a shovel and the

perceived false statement which led to ~he C ass 2

misdemeanor county charge, did she say, "I only have

two dogs in the house" or -- can you try to remember

exact y what she said?

MR. SOBER CK: Isn't it on the tape?

THE WITNESS: She said, "There are only two

dogs in the house. That's it."

BY MR. WI Lrv10T :

Q. And there were only two dogs in Lhe house?

A. There were more than two dogs.

MR. WILMOT: No other questions.

T E COURT: All right. Do you want this

witness to remain?

MS. DONNE If he'll remain outside, Your

Honor.

THE COURT: All right. Step out in the

hallway. Don't discuss your ~estimony.

Lewis & DeBerry

Reporting Service

5

10

15

20

25

69

1

3

4

6

7

8

9

1

12

13

14

16

17

18

19

21

22

23

24

MS. CONNER: Sergea~t Emanue:e.

PAUL EMANUELE,

ca led as a wit~ess, havi~g been first

d 'y sworn, was examined and testified

a follows:

DIRECT EXAMINATION

BY MS. DONNER:

Q. You are Sergeant Paul Emanuele of the

Gloucester Sheriff's Department?

A. Yes, ma'am.

Q. And on May 4th, were you assisting anima:

control in executing a search warrant at Ms. Crews'

residence?

A. Yes, I was.

Q. And we've listened to the tapes, so I'm

going to ask you to kind of skip forward to -- when did

you first see Ms. Crews?

A. I first saw Ms. Crews after she exited

she carne from around the back of the house.

Q. Okay. Where were you? Let's start there.

A. If you're looking at the front of Ms. Crews'

house, I was on like the left front corner watching as


70

1

3

4

5

6

7

8

9

~ 0

11

12

13

14

15

16

1

18

19

20

21

22

23

24

25

far over to the left side of the house and the front

, ,~rrJ '-'...1...,,-,,

5

10

15

20

25

1

2

3

4

6

8

9

11

12

13

14

16

1

18

19

21

22

23

24

A. he had already approa hed Baranek a

in front ot him, standi g in fro t of him, when she

repositioned the sh vel, and that's w en I came around

and took the shovel from her.

Q. How lose had she gotten to Officer Baranek?

A. I would say she was probably between three

and five foot maybe.

Q. What did you do at that point?

A. I came up from behind Ms. Crews and disarmed

her from the shovel or just disarmed the shovel from

her, I would say.

Q. Okay. And how did you get the shovel out of

her hand?

A. I grabbed her by h r right wrist and once I

grabbed her right wrist and she turned around and saw

who it was, she kind of let go of the shovel and she

was pretty compliant towards me from that point on.

Q. Okay. And was she saying anything at this

point?

A. She was making all kinds of comments to

Baranek, threats and -

Q. Can you remember - repeat what she said,

you remember.

A. I do not recall what she said.

MR. SOBERICK: Judge

Lewis & DeBerry

Reporting Service

5

10

15

20

25

1

3

4

6

7

8

9

1:

1

13

:4

16

17

:8

19

2:

22

23

24

I kn w she said a~l k nds of

stutt. I don't remember what it is because I didn't

rea ly put it in my

BY MS. DONNER:

Q. And were yeu saying anything to her at this

point?

A. I believe I asked her what she was planning

on doing with the shovel or something like

The gloucester, va case that never was

Law

Transcript of The gloucester, va case that never was