Another excellent job by Tori -
No date yet for trial... But no deals either! It was a long day, they did not start until just before lunch...
All were in attendance except BB. The Grandparents, Ange, Tiff, Me, Nurse and Craig. The 2 Grandparents were not happy we were there <<again>>, the one Grandfather could care less, the other one made remarks loud enough for us to hear and stared down Craig. <<The reporter from the AVPress.>>
Craig was a little taken aback, he said to me, "I am just doing my job, why the looks?" So non confrontational!
The LEOs were there also - Det Sgt. Nava, Det Sgt. Walls and the Little Sheriff that we never knew who he was...His name is Sims and he is a module officer at the men's Jail in the
high power section of the Jail.
<<So Friday was enlightening! The "special witness" as it turns out really is special! He was in court and questioned - due to his status as a
"High Power Inmate" he is now being referred to as Mr X or Witness X! They do not want his name said in court!>>
First up on the stand is Sheriff Sims, Dager is asking Judge Z to make Det Sgt S. Nava leave the room during Sims testimony, as she is going to testify next and he does not want her to hear what Sims has to say, so she cannot change her testimony.
Cromer said she needs Det Nava to help her in the questioning. She is allowed to stay.
Dager said he wants it on the record that he does not like it, JZ said "Det Nava will be under oath and I don't feel she will change her testimony based on Sims testimony"
Sims is sworn in and takes the stand, DDA Cromer asks about his Job, then she asks him how he knows Mr.X, Sims explains; he is one if the officers of the unit that Mr.X was housed in in Men's Jail.
It is a Protective Custody Unit and Mr.X is a
"High Power Inmate", he then was asked why Mr.X contacted him, Sims said X told him that he had info on a case and wanted him to contact the Homicide Det's for him. Sims said OK - he was not sure if he could, but would try.
Dagers turn to cross. He wanted to know if Sims and X are friends? Sims said there is a line of Inmate and Officer and Sims does not cross that line with any Inmate.
Dager says, "Well do you have friendly conversations with him?" Sims said, "What do you mean?"
Dagar replies, "Like do you talk about football and stuff?" Sims said "Football? No..it's just a Inmate, Officer relationship, sir!"
Dager then asks if Sims trusts X, Sims said "I trust no one, sir"
Dager next asks; "Has X has discussed the reason he is in Jail with you?" Sims said not really.
Dager asks some questions that NO one understands and JZ has to ask the question in a way that the officer and others understand
Dager asks, "How is it every time SB and X had to go to court they seem to be next to each other?" Sims said "I don't know X may have asked the Transport driver or the bus officer to let them sit next to each other".
Dager said, "Oh so you get to pick your own seat on the bus? Sims said, "NO!"
Dager asks "Then why was HE allowed to pick where he sat? Sims said he did not know he was not the bus officer.
Now Dagar asks - "Did you put X in contact with Det Nava at some point?" Sims said "Yes, he set up the phone calls between Det Nava and X."
Dagar asks, "How many calls did he get from Det Nava?" Sims said "A few." Sims is finished.
Judge Zacky calls lunch break - be back at 1:30.
We go to have lunch and we are under the impression that X was there and going to be on the stand, because somewhere in the testimony we hear about X "You can ask HIM that question yourself" I don't remember what question it was!
We go back after lunch and the Judge asks everyone in the front to move back two rows. They bring out Mr X; he is in chains so tight that his hands look deformed in front of chest. He is wearing glasses and does not look as evil as he did the first time we saw him. I think he knows that we are the bloggers because he looks right at us and SMILES, a broad smile.
JZ tells him his is Witness X today.
DDA Kelly Cromer starts; "How did you meet Ms.Barker?" He said he
"conversated" with her on the bus ride to court, she was in the cage next to his. He said that she started talking about her case and he thought she was innocent, at first.
Kelly asks, "How did you come to talk to with Det. Nava?" X said, "He asked to speak with her, when he no longer believed SB's story. Because she told him so many different stories of what happened, on every bus ride and he wanted justice for a dead child. So no matter how much drama he had to go through it was the RIGHT THING TO DO!"
DDA Cromer asks if he works for the Government in any official way? "NO!" was his answer. Are you a Agent for the Government? Again, "NO!" Did you get any special deals for your testimony against Ms. Barker?" "No I didn't. I did not ask for anything in return."
Dager is on cross. "WIT X, how did you come in contact with Det. Nava?"
X: "I had been talking with SB and she loves to talk about her case. I started not believing her story and asked to talk to the Det's on her case."
"So you talked to Nava and told her that you had Information and wanted to get more out of SB?" "Yes."
"What did Nava say during your phone call?" "She was not interested in this info, that she would contact the DA and ask if they needed what he knew, or could get from her."
Dager asked some dumb questions and X as well others looked dumfounded. So Judge Z asked the question another way and X without missing a beat, said "Oh, OK and answered the question, then shook his head and said, "This guy is making me dizzy"
LOL....Judge Z asked if he wanted some water and he said "Yes, please."
Dager started asking about how he ended up next to SB on the bus. X said, "Because I asked and you know, they know I don't see girls that often, so it was nice."
Dager, asked "Why did you want to get information from Ms. Barker?" X replied, "Because like I said at first, I started to think she was guilty and if she was I wanted her to spend the rest of her life in jail!
Dager asked, "Why were you in love with her?"....OBJECTION... X answered anyway, laughing and said "NO WAY."
Dager then asked "Why did you want her in jail for life?" X said, "because I thought it was the right and moral thing to do for this child. I am against abuse and murder of women and children."
Dager kinda smirked like
sure buddy... "So you get what you want huh?" X said
"no."
Dager asks, "Did the bus driver know you were trying to get info from SB?" He said, "Yes." Dagar retorts, "Oh so that is why you got the seating...."
Asked how long he has been in the system, X said,
"Since 1993."
"How long was your first stint in prison?"
"About 4 years." "And the second time?"
"About 5 years, I don't know something like that."
Dager says, "So you know the system and know how to work it..."
Kelly objects.. argumentative...sustained..
Dagar: "How many times have you been to court here?" X say's "A lot."
Dager: "So you have a friend in lock up that can do things for you? X: "I have no friend here, I think all the officers don't really like me."
Dager: "What about so and so, a lock up officer at the court that is a woman, you say on tape to SB that you can get special treatment from her..."
X said "What like? Extra lunch or what kind of special things?"
Dager said, "Sure."
X said "No, nothing special. I eat a peanut butter and jelly sandwich and a apple, just like everyone else!"
Dager: "Do you know what a SNITCH IS?" X said "Sure."
Kelly spoke up and said "DEFINE Snitch" (Tori - I am sure Mr.Dager can.)
Dager then asks X; "Are you a jailhouse Informant and have you testified as an informant in other cases?"
X said; "I testified in one other case."
Dager said did you get anything special for that testimony? X said "No."
Dager asked; "What about the apartment and money? X answered "Oh, well I was in the Witness Protection Program, that is why..."
Dagar: "So you gave information on the MEXICAN MAFIA?" X: "No, I gave Information on the gang I was in, that was part of the MM."
Dager: "What kind of Gang was that?"
X: "It was a local street gang here that I was trying to get out from under."
(Tori: I know what gang it was but will not put it here, I think he still needs the protection, he might have a GREEN light on him and that is why so many LE are around him and he is a HIGH POWER inmate.)
Dager asks about his Agent status: X replies, "No I am not a Agent."
Dager: "Then why on the tape do you say do I get a badge and one of the officers say
OK you will get a badge?"
X laughed and said that was a joke....
<<LCM - Jeeze, I wasn't there and I knew that was a joke!>>
Dager: "Who suggested you wear a wire?"
X said he did.
Dager: "Who wired you?"
X: "It is not really a wire. It is a tape recorder and it is was in my pocket."
Dager: "Did they tell you how to question her?"
X: "The only thing they told me was to let her talk. Do not question her about her case, just let her do the talking and if she goes on to other things just guide her back to her case."
Dager: "So they told you what to ask her?"
X: "NO, They me NOT to question her. Just let her talk, she does talk a lot.."
Dager, who wrote who first?" <<Jail house letters.>>
X: "She wrote me first."
Asked about his own case, X said, his first trial was hung and when it was going to go to trial again, he was offered 10 years..."
<<LCM - X was facing life for assaulting the convicted child molester who offered X's daughter private guitar lessons.>>
Dager asks; "How does a 25 to life, 3rd strike felony get a deal for 10 years?"
X said he was offered that and it was sweet, so he took it.
Tori - X did not give Dager an INCH...he stood his ground, he knows his way around the court as Dagar said!
Long story short, Dager wants to know if the DA gave him a sweet deal in the other matter because he was working SB for them.
Det S Nava is next on the stand, Dager asks her most of the same questions about the wire, the bus how many times was X on the bus when he had no hearing
(6 to 8 times)...she was on only a short time...
<<LCM - Interesting that SB didn't question X being in court, all the same days as she was!>>
They called Ted Swanson he was the DDA on X's case. He was asked by Dager if he had given X any reward for ratting on SB? Swanson said "No, he did not. He did not know what or who X had info on at the time, he was working X's case from the file..."
When asked if Swanson's boss knew that X was working with LE and DA, he said he might have but he couldn't be sure...
Dager now wants to talk to X's Public Defender, the DDA's boss and he also wants to revisit the motions he talked about before. COV, Media, and what ever else he thought of.
Next court date is Jan 24th, 2011 to finish up what was going on. Although no trial date set as of this date, yesterday was a big deal
<<It was interesting to learn that X was in the Witness Protection Program. We had really tried to find his history and here was none!>>
