Direct examination of Deputy Forgey by LDB
LDB showed him his supplemental report so that he could determine the time he was called in this case.
He was first called in this case on July 17, 2008. He responded to main operations at 2500 West Colonial - the forensics bays at 5:31 p.m. To prepare for a call, Gerus' collar is an indicator - a tool for the dog to know. A harness is for tracking, a collar is for looking for human remains.
When he arrived, he had no info about the case other than general info. He responded to the Bay and the CSI took him to a vehicle in the Bay that they wanted him to look at. At this point, Deputy Forgey had 5 years working with training aids of human origin.
JB objected - OVERRULED.
He also is able to detect the odor of human remains. When he got there, he could smell the strong odor of decomp in the Bay. The dog was in the vehicle waiting. Dep. Forgey went inside to see what they wanted. He discovered the vehicle was still in the Bay and asked them to move it outside because there are other bio hazard trash cans in the opposite bay. He asked them to move the vehicle outside in the parking lot. He wanted it in the open air to remove it from the other bio hazards.
My question - other bio-hazards? Did this taint anything else in this case?
He did not recall how long he let it sit - not too long.
He had Gerus sweep a car on the west side of the subject vehicle. This is what they do in training. He's never run into this in the real world situation. They then went to the subject vehicle. The first time around the Sunfire, the doors were closed.He swept it in a counter clockwise manner starting at the front bumper and driver's side. He had told a tech that he would have them start opening the vehicle by slightly opening the doors in a counterclockwise manner.
On the first past he started indicating in the rear of the vehicle. On the second time around he had the driver's door opened. Gerrus dove into the car, looking to the back seat trunk area trying to get there. He came back out, working the source. He had the tech open the trunk and the dog jumped into the trunk (front end - stuck his head in). Dep, Forgey was overwhelmed at that point also. Dog came out of the trunk and gave him a final trained alert.
The next day he was asked to go to the A's home. He was asked to do a sweep of the backyard - that they had a concern of a couple of areas in the backyard - a low area that GA was not familiar.
JB - OBJECTION - move to strike. HHBP - which portion Mr. Baez? SUSTAINED - portion stricken about GA's familiarity.
He took the dog to the A's. He went and looked at the backyard before deploying the dog to see the areas of concern for the detectives. He got the dog from the car and conducted a search of the yard. They did an off lead search. The majority of people were removed. His K-9 supervisor remained. He commanded the dog to find human remains (Command is Find Fred). Indicator was collar. Off lead because it was a fenced yard to allow a free search. He entered the yard from the NW corner (gate by garage) and headed east. Went past sheds, heading east. They then returned to the NE corner where there was an indentation. The dog did not alert there, but continued to work. He went around the pool. The only area he gave any alerts and a final trained alert was in the SE corner, near the play house and sand box area.
LDB wants to publish Exhibit 43 to the Jury. Yes you may.
He identified the play area in the photo.
He indicated where the trained final alert occurred. (It was in the grass in front of the playhouse, bench and sandbox area. )
He then removed the dog from the area and suggested another cadaver dog come search - Bones.
When Bones' handler arrived, he gave general info - here's the area of concern, here's where I want you to search, here's what I did. You don't tell them what the dog did.
Bones arrived. He was present for Bones' search. He did not run it. Bones had been with the other handler for a few years at that point.
No more questions by LDB.