DIRECT EXAMINATION
                    BY MS. MURSKY: 
                            Q.   Officer Leonard, my name is Michelle Mursky. 
                            A.   How are you?
                            Q.   And I'm the lawyer for Jeffrey, do you 
                    understand that? 
                            A.   Yes. 
                            Q.   Now, you told us about an episode that took 
                    place on July --
                                 MR. SULLIVAN:  6th. 
                            Q.   July 6th, is that right?
                            A.   Yes. 
                            Q.   What time was it that this all occurred that 
                    you came in contact with Jeffrey? 
                            A.   May I see my memo book?
                                 THE COURT:  Sure.  Take as long as you need 
                    to refresh your recollection. 
                                 THE WITNESS:  Yes, your Honor. 
                            A.   Approximately 6:00. 
                            Q.   Between 5 and 6:00? 
                            A.   6:00. 
                                 THE COURT:  Is that p.m.? 
                                 THE WITNESS:  Yes, 1800 hours. 
                            Q.   May I see your memo book, please? 
                            A.   Sure. 
                            Q.   And would you do this for me?  I will hand 
                    you paper clips and I want you to indicate where this 
                    whole transaction started in your memo book, and I don't 
                    want to go through the whole--
                                 THE COURT:  Step up next to him.  Let him 
                    point it out. 
                            A.   Right here, 1800 and 1810, that's it. 
                            Q.   That's all you wrote down?
                            A.   It's all it is. 
                            Q.   Male suspect for homicide? 
                            A.   Homicide information. 
                            Q.   Now, you told us about seeing him on a moped, 
                    is that correct? 
                            A.   Yes.
                            Q.   Were you in a marked vehicle or an unmarked 
                    vehicle?
                            A.   I was in a marked radio car. 
                            Q.   And did you have another officer with you? 
                            A.   Yes, I did. 
                            Q.   And you also told is that the moped had no 
                    plate on it, is that correct? 
                            A.   Yes.
                            Q.   And it had a flat tire? 
                            A.   Yes.
                            Q.   And he was by the vehicle itself? 
                            A.   He was on the vehicle itself.
                            Q.   What was he doing?
                            A.   He was pushing it while sitting on the 
                    vehicle.
                            Q.   He was just pushing it? 
                            A.   He was on the vehicle.  It was running, but 
                    his feet were pushing it when I observed him coming 
                    towards me in the middle of the street.
                            Q.   Did you issue him a summons of any kind of 
                    operating a vehicle without a license? 
                            A.   No.  I did not. 
                            Q.   Did you issue a summons for an unregistered 
                    vehicle? 
                            A.   No, I did not. 
                            Q.   Did you ever ascertain who owned the vehicle? 
                            A.   It came back to a P.O. Box in Brooklyn.  It 
                    was vouchered at the precinct for the true owner.
                            Q.   At the time you saw the vehicle, did you call 
                    anyone to determine as to whether or not the vehicle was a 
                    stolen vehicle? 
                            A.   I tried to ascertain--
                            Q.   The question is, did you do something. 
                                 MR. SULLIVAN:  Objection. 
                                 THE COURT:  Ms. Mursky, let the witness 
                    answer. 
                            Q.   Officer, the answer is a simple yes or no. 
                            A.   I ran the VIN number over our radio. 
                            Q.   What came back?
                            A.   It came back no record. 
                            Q.   So as far as you were concerned, at the time 
                    you saw Mr. Jeffrey at around 6:00 with this vehicle which 
                    you ascertained was not a stolen vehicle, no report of a 
                    stolen vehicle had been made? 
                            A.   Right.
                            Q.   But in any event, you took him into your car, 
                    isn't that correct? 
                            A.   Yes, I did. 
                            Q.   Why were you taking him in the car, then? 
                            A.   Because the ignition was popped.  There was 
                    no license plates on the thing.  It's a not uncommon 
                    occurrence in South Jamaica to have stolen motorcycles.
                            Q.   But it had been reported back to you that it 
                    was not stolen? 
                            A.   Right, but--
                                 MR. SULLIVAN:  Objection. 
                                 THE COURT:  Sustained.  We don't know when it 
                    was stolen.  It becomes an issue. 
                            Q.   Officer, I want to now refer you to the 
                    initial stop at 108th and 157th.  Do you understand that? 
                            A.   Yes. 
                            Q.   At that point, you made an inquiry as to 
                    whether or not the vehicle was stolen or had been reported 
                    stolen, is that correct? 
                            A.   Yes. 
                            Q.   And it came back there's no report of a 
                    stolen vehicle? 
                            A.   Yes, at that time, yes.  But it doesn't mean 
                    it wasn't stolen. 
                                 MS. MURSKY:  I would like the Court to 
                    instruct the witness to answer my question.
                                 THE COURT:  Officer, please answer the 
                    question. 
                                 THE WITNESS:  I am answering it.  I said at 
                    that time it hadn't been reported stolen.
                            Q.   Officer, you knew at that point who Jeffrey 
                    was, isn't that correct? 
                            A.   That's correct. 
                            Q.   Nevertheless, you took him in your vehicle, 
                    isn't that correct? 
                            A.   Yes, I did. 
                            Q.   Now, when you took him in your vehicle, what 
                    did you do specifically? 
                            A.   I was in the front seat.  My partner was in 
                    the front seat.  Jeffrey was in the back seat. 
                            Q.   What did you say to him about getting into 
                    the car? 
                            A.   I said to get in the car, we're going to the 
                    station, and he said, "No problem." 
                            Q.   Were you in uniform at this time? 
                            A.   Yes, I was. 
                            Q.   And your partner was in uniform? 
                            A.   Yes. 
                            Q.   This was a police vehicle? 
                            A.   Yes, it was a marked radio car. 
                            Q.   Officer, when you told Jeffrey to get in the 
                    car, what would you have done if Jeffrey would simply have 
                    walked away? 
                            A.   At that point, he would have been taken into 
                    custody. 
                            Q.   Then for all intents and purposes, he could 
                    not leave the area where you were, isn't that correct?  He 
                    wasn't free to leave, then, was he? 
                                 MR. SULLIVAN:  Objection. 
                                 THE COURT:  Overruled. 
                            Q.   Was he free to leave at that point?
                            A.   At that point, no. 
                            Q.   Thank you very much.  So that at that point 
                    he never made a statement to you concerning any crime that 
                    he knew about, saw or was involved in, is that correct? 
                            A.   At this point, I didn't even know about the 
                    homicide. 
                            Q.   Fine, and at that point you didn't know 
                    anything about a stolen vehicle, a stolen moped, is that 
                    right? 
                            A.   I knew that the vehicle possibly was stolen. 
                            Q.   It was a guess on your part as to whether it 
                    was or was not? 
                            A.   The ignition was broken.  He had no papers.  
                    He didn't know whose it was.  On a very good probability 
                    it was a stolen. 
                            Q.   Let's let the Judge decide that. 
                                 THE COURT:  I'll decide. 
                                 MS. MURSKY:  You'll decide. 
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