Back from lunch, Marc Agnifilo told Judge Carro that he feels the state is engaging in “gamesmanship,” arguing that prosecutors changed the order of their witnesses despite knowing he was scheduled to cross-examine the next witness, Officer Fox, who is now unavailable and due in the Southern District for another case following the rescheduling.
The state responded that it is not gamesmanship, stating they were simply trying to get the female officer back to her family. Judge Carro wants the schedule to remain the same, and says that she's an important witness. Officer Frye returns to the stand for cross.
The state indicates they have a few more questions for Officer Frye.
After a few housekeeping items, the state is finished with Frye. Jacob Kaplan is now cross-examining Frye and started by asking him how many times he met with the DA's office before testifying. He says several. Kaplan asks if they comment on his answers, he says sometimes. Frye confirms that he also went over his answers before court this morning.
Kaplan confirms that before arriving at the McDonald's, Frye and Detweiler were doing a "training" as he was a newer patrolman. He says it was an "informal training." Kaplan asks about the 911 call, and if he remembers the description of the suspect. Frye states yes, "blue medical mask, black jacket, tan beanie."
Frye is asked what he knows about the shooter- he did not know the weapon/gun had not yet been recovered.
Kaplan asks if he and Detweiler crafted a game plan before they arrived at the McDonald's since they received word it could be the NY CEO Shooter. He says no. Frye confirms he turns on his body-cam when he enters the McDonald's. Kaplan asks about a lag with the audio when turning on the body-cam, and Frye confirms there is a lag when turning it on.
We're shown a still of Mangione at the corner table at the McDonald's. Kaplan is asking about the layout and position of officers, indicating that there is space for the suspect, Mangione, to get up from the table if he wanted to.
We are shown Mangione pulling down his facemask on the BWC, and Kaplan asks if Frye recognized him. He says he had a very "high suspection" at that point, but did not relay to Detweiler.
"Did Detweiler tell you he recognized him?"
OBJECTION, Judge says he can answer
"He did not indicate to me"
Kaplan is asking Frye about the false ID, and points out he mispronounced "Rosario" on the ID. Kaplan asks why he would think that the man in the corner at the McDonald's would be the NYC Shooter, and if it would be a big deal if he arrested the NYC Shooter- OBJECTON, SUSTAINED. BWC continues to play of Mangione standing up and first getting frisked.
Kaplan asks Frye if he thinks the frisk is about 15 seconds.
Frye isn't sure, so they play the footage again. Frye says more than 15.
Kaplan: Did you hear Detweiler ask him why he was nervous?
Frye: Yes
Kaplan: Was that the same question the prosecutor asked you this morning?
OBJECTION, SUSTAINED.