Malandri & Rodriguez Stripper Trial - Criminal Court of New York City - Transcript Jan 21 2010

1
2
3
4
5
6
7
8
9
10
11
12
13 -----------------------------------------------------
14
15
16
17
18
19
20
21
22
23
24
25
108
CRIMINAL COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: PART JURY 1
------------------------------------X
THE PEOPLE OF THE STATE OF NEW YORK,
DOCKET NOS.
- against -
2008NY053104
2008NY053105
CASSANDRA MALANDRI AND
FALYNN RODRIGUEZ Defendants.
-----------------------------------X
100 Centre Street
New York, New York 10013
January 21, 2010
BEFORE:
HONORABLE SHAWNDYA SIMPSON
A P PEA RAN C E S:
(Same as previously noted.)
(Whereupon, the following takes place
on the record in open court in the presence of
the Court, the district attorneys, the defense
counsel. and the defendants:)
THE CLERK: Recalling the case on trial.
THE COURT: All right.
We're ready to proceed at this time. Are
there any applications?
MR. MOSER: Your Honor, I would have an
application. Unexpectedly to me, my client's father is
here today. In fact, I told the Court yesterday that
never expected that any family members to be here. He
I
109
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
took the day off from work to support his daughter.
He's has been never -- I don't think when you were
involved in this case, but he's been here for her.
He'd like to be here to support his daughter. He spoke
to his daughter very late last night to tell her that
he'd like to come. I've already spoken to the ADA.
I've given him his name, his date of birth; his social
security number. They've asked for his ID card and his
shield number. I think I told you yesterday he was on
the force. He's retired since '06 from the force.
gave him his shield number.
Based on the current case law, and based on
the fact that this is my client's father, my
application is for him to be here.
MR. REED: Your Honor, I oppose that
application. I believe that based on the current case
law, including the case that we handed up to you
yesterday, the People were to be put on notice in prior
proceedings that a family member was to be present
during the trial in itself, and since we weren't put on
notice for that family member to be -- that family
member was going to be present, it's the People's
position that family member should be excluded as per
your ruling in the Hinton hearing.
MR. MOSER: Judge, I would like to know from
I
110
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
the People what danger he could pose to anybody because
there is none.
MR. REED: There is a danger, Your Honor.
It's our position that this man is a retired police
officer according to not only to defense counsel, but
as to our strength, as a retired police officer, this
individual has access to computer files, and he has a
way to look up who this undercover -- who this person
actually is.
Also, this person is not bound by the same
rules that he was bound by when he was a police
officer, although he can carry a firearm, and as this
person is the defendant's father, there's a natural -
there's an inherent reason for the undercover to fear
for his safety because of the relationship that he has
with the defendant, especially since this individual,
as I said, can carrying a firearm, and is not bound by
the rules of NYPD anymore, and may have special access
to certain ways to get the identity of this undercover
officer.
Also, this -- the individual just retired two
or three years ago. It's not like he retired 15, 20
years ago. That's the People opposition to Mr. Moser's
application.
MR. MOSER: Judge, I've given them
111
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
everything. My client has a fundamental right to have
a family member present according to the recent case
law. He's here this morning. The Court can interview
him. He's right here in the courtroom.
THE COURT: The pr.oblem is, and I - actually
the People furnished some case law that also, I
believe -- I also informed Counsel of another reason
for a decision, and I have the file upstairs so I'm
going to furnish you with that information, but based
upon the facts of that case, there was a Hinton
hearing, and at that time the defense made an
application for certain family members to be able to be
present during the trial. And they gave the People an
opportunity to do a background check, to get background
information, and those questions at that time were
posed to the undercover officer, and a decision was
made. I believe it was three individuals that Counsel
had requested to be present. The Court made a ruling
and those individuals were included as to be part of
the proceedings.
However, when the trial did begin I believe
there were other family members who wanted to
participate at that time, and the Court denied that
application. So, I just need to read -- any arguments
based upon that?
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
MR. REED: No, Your Honor. Your Honor, that,
and I don't remember the name of the case that we
brought up to you yesterday requiring the defense to
put the People on notice. I just want to ask you to
look at it before you make your decision, but I also
stand by the decision in -- I think the name of the
case was the People vs. -
MS. ALPERT: This is a different case.
MR. REED: The one you saw?
MS. ALPERT: Yes, this was another one.
MR. REED: Well, there is a different case
called the People vs. DeJesus, and we'll provide
Mr. Moser with a copy of it, in which the brother was
excluded for similar reasons that Your Honor just
stated.
THE COURT: Well, tell me what the similar
reasons are?
MR. REED: The People had established that
the officer's safety would be 'comprised by the presence
the defendant's brother who this person was involved
in criminal activitYI and a family friend who lived in
the vicinity of the defendant's arrest. So, I mean,
the situation that this person
THE COURT: Was this during the Hinton
hearing or -
113
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
MR. REED: This was during the Hinton
hearing. This was during it. So I'd argue that they
would have to overcome the first burden of having had
put us on notice prior to the Hinton hearing or at
least during it, and then after that, they have to
overcome the burden of us -- of our legitimate reason
for the undercover fear for his safety simply because
this individual is not only the defendant's father and
has a close relationship with the defendant, but also
has, Your Honor, the reasons as I stated, therefore,
may h a v ~ special access and may be able to look up the
undercover's identity in an easier way than just like a
normal civilian.
MR. MOSER: Judge, may I just say one thing?
I didn't know that this gentleman was coming to court.
As soon as'I walked in at 10:02 today, I saw him, saw
the ADA before you came out, gave him up right there;
put them right on notice.
We're not -- I don't think it's about right
now giving the People time to investigate. They've
done their investigation already of him. They have his
date of birth, and they ran his check upstairs, and
they've done what they need to do. And they've
concluded after their investigation that he's no good.
That he can't be here because he poses a safety to the
114
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
police officer. That's their conclusion and they have
a right to their conclusion. I understand it, but.I
disagree with it, and I would just ask the Court -
THE COURT: It's not the People's conclusion
I'm concerned about. I'm just -- it's just fairness at
this point. So I am waiting to get the case law to
support whatever decision I decide to render.
MR. MOSER: Thank you, Your Honor.
MR. REED: Just for record, I know that -
I've been dealing with Mr. Moser for quite sometime.
MR. MOSER: Thank you.
MR. REED: I know that he would have told me
if he -- if he knew.
THE COURT: You know what, to be honest with
you, in reading the case law, I don't really know who
has the burden. But I think that sometimes when you
are the People, and I could say this comfortably
because I was the People for 12 years, that
unfortunately you have more of the responsibility and,
you know, the day before yesterday, I was aware that
there was a lot of people in the courtroom that I
didn't know who they were. So I asked the court
officer to go around to the courtroom, get the names of
these people and who they were, what were their
relationship to the case and; you know, looking through
115
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
my notes, I have the name of the defendant's boyfriend.
So I think that when you are obligated and you are
protecting your undercover officer that is your
responsibility. You have to take the extra measure.
I'm not saying that it's in the case law. It's just
something that you learn to do and, you know, things
are trial and error. You know, you learn from your
mistakes, but I think it's our obligation if we're
going to protect witnesses to watch their backs.
And, again, he freely gave that information
to the court officer. I definitely know who he is, but
that's something that I did, because I felt that it was
my responsibility to protect the witnesses.
MR. REED: But, Your Honor,
was our
understanding that he was a driver up until yesterday.
THE COURT: Right. But you know what, you
still get the names of people, and based upon the case
law, friends can corne. The driver could corne to court.
It doesn't say blood relatives. Cause I've seen that
man. I've definitely seen him several times.
MS. AL-SHABAZZ: Judge, can I make a brief
record?
THE COURT: Yes.
MS. AL-SHABAZZ: Yesterday the Court was
gracious enough to give us a copy of the Hinton hearing
116
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
minutes, and I just wanted to make a record. I'm not
asking for a relief. I just want the record -- I want
there to be a record.
Yesterday there was a reopening of the Hinton
hearing and we did a partial inquiry -- the People did
a partial inquiry of the undercover officer in which he
testified that now he has a fear of Ms. Malandri's
family members. And I'm citing to the record, page 19,
and it begins Line 10 through Line 25 -
THE COURT: Could you just give them a minute
to -
MS. AL-SHABAZZ: Okay. I'm just showing the
line, Line 10
THE COURT: Okay.
MS. AL-SHABAZZ: Through Line 25. It's from
the Hinton hearing which was conducted on - they say
November 23rd. Line 10, "Question," and this is on
cross examination being conducted by myself, "Question:
Now you don't have any fear of testifying in front of
the defendants in this case, correct? Answer: The
defendants, no. Question: You have no fear. Have you
ever been threatened by them, correct? Answer: No
Question: Ever been threatened by any members of their
family? Answer: No. Not that I know of, no.
Question: You've never been threatened by anyone
117
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
associated with them whatsoever? Answer: Not that
know of, no. Question:" And the rest was about the
contract which he talks about is from a narcotics case
in the Bronx.
I just want that on the record because the
witness attempted to tailor his testimony and testified
yesterday differently then he testified in the hearing,
and I just want that to be clear.
Thank you.
Judge, can I ask this? Do they have an
objection to other defense attorneys coming into the
courtroom during the Hinton -
MR. REED: Yeah, I would object to that, Your
Honor.
MS. AL-SHABAZZ: Because they're allowing the
assistant district attorneys to stay?
THE COURT: That's their supervisors.
MS. AL-SHABAZZ: Okay, but they're still
assistant district attorneys.
THE COURT: But they have a specific
obligation.
MR. REED: I don't have an objection
MS. ALPERT: It's our supervisor.
MR. REED: With anybody associated with your
firm. Outside your firm, I have problem with.
118
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
MS. AL-SHABAZZ: Just asking.
(Whereupon! there is a recess taken.)
THE CLERK: Case on trial continued.
THE COURT: Just approach.
(Whereupon, there is a discussion
held off the record at the bench among the
Court, defense counsel and the assistant
. district attorneys.)
THE COURT: All right. People, let me know
when you're ready.
MR. REED: Judge, just for clarification,
we're only reopening as to this family member?
THE COURT: And after that, that's it.
MR. REED: That's it. And so we're not going
to address the issues that we've addressed -
MR. STRAZZULLO: No.
THE COURT: And let me just say, at this
point I believe no one is prejudice at this point,
and I can't say even though I did get a call from the
Supervising Judge that we should be done by Friday,
that that is not an excuse. So at this point we're
right where we were yesterday, and I said that I would
give you the opportunity if the defendant's boyfriend
should come back today! so this is why the Court
decided to reopen the hearing.
119
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
- Proceedings
COURT OFFICER: Witness entering.
Just raise your right hand. Thank you.
Do you swear or affirm that the statements
you're about to give are the truth, the whole truth,
and nothing but the truth?
THE WITNESS: Yes.
COURT OFFICER: Thank you. Please take a
seat.
THE WITNESS: Good morning.
THE COURT: Good morning.
DIRECT EXAMINATION
BY MR. REED:
Q
Could you state your shield number for the record?
A CO 148.
Q Do you have reason to fear for your safety if the
father of one of the defendants is present d u ~ i n g your
testimony?
A Yes.
Q
Could you explain for the Judge why you have that
fear?
A Well, I don't know who the father is. I may have
dealt with him before in the past in a prior case, or I may
deal with him in the future on a case.
Q And what if that individual who is the father,
what if you - if that individual was a police officer would
25
120
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Direct (Mr. Reed)
you any -- would you have fear as well?
A Absolutely.
Q And why would you have fear?
A Well, being that he's a police officer, he has
access to firearms, he has access to department records; he
could easily find out where I live or where I'm assigned to.
Q And what if you were to find out that that person
was, in fact, a retired New York City Police Department
officer?
A
Well, that would be even more fear of my safety
because being the fact that he's retired, he's basically a
civilian now carrying a gun.
Q Are you aware of the rules that govern police
0 icers in New York?
A Yes.
Q
What about - is this person bound by those rules?
A No.
Q
And how do you know this?
A Well, I have
ends that are retired. They don't
have to worry about any type of department disciplinary
actions. They don't have to report to w o r k ~ They are just
regular civilians now.
MS. AL-SHABAZZ: Judge, I'm going to object.
I I don't know what rules we're talking about here.
mean, general rules.
121
1
2
3.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE COURT: Sustained. People, if you
could -
Q My question is, are New York Police Department
officers bound by certain disciplinary rules?
A Yes.
MR. MOSER: Objection. I don't know what it
has to do with any of our New York City police
Officers. The person who is going to possibly be here
is not a New York City Police Officer.
THE COURT: Well, I think he's getting to
that. Overruled.
Q And are retired police officers bound by those
same rules that NYPD officers are bound by?
A No.
Q
Now, to your knowledge can you carry a firearm as
a retired police officer?
A Yes.
Q How do you know?
A
I have friends that are retired that carry
firearms.
MR. REED: One moment.
Q
What about correction officers?
A YeS.
Q
As a -- can a correction officer, a retired
correction officer, carry a firearm?
122
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
I 23
24
25
C0148 - For People
Direct (Mr. Reed)
A As far as I know, yeah.
Q
As a -- how long have you been on the police
force?
A Over 10 years.
Okay. And how many different police officers do
Q
you run across in your daily interaction -- in your daily
life as a police officer with the NYPD?
A I usually just associate with the members of my
team.
Q
Okay. Do you -- have you ever run across an
officer named Juan Rodriguez, Jr.?
A
I don't recall the name.
Have you ever run across any of cer with the last
Q
name Rodriguez?
A Yes.
MR. REED: One moment, Your Honor.
Q Are you aware of any police officer throughout
your time with the New York Police Department looking up
records of undercover officers?
A I am aware of police officers looking up records.
Were they undercover officers, I don't know.
Q Are you aware of police officers in the NYPD
learning the identity of undercover officers by looking
up -- by looking through department records?
MS. AL-SHABAZZ: Objection.
123
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
THE COURT: Sustained.
MR. REED: Your Honor, it goes to the -- to
my argument that this person as a retired police
officer has access to the -
THE COURT: Okay, overruled. Go ahead and
answer the question.
A
Yes, it is possible.
Q
And do you interact with retired p o l i ~ e officers?
A Yes, I do.
Q
Are you aware of any retired police officer that
have access to department records?
A They still have friends that are police officers.
I'm sure they could ask.
MR. REED: Okay.
One moment, Your Honor.
Are you aware of any recent new articles regarding
Q
threats on your life?
A Not that I'm aware of, no.
MR. REED: All right.
That's all, Your Honor.
THE COURT: Go ahead.
CROSS EXAMINATION
BY MR. MOSER:
Q Officer, I questioned you previously. My name is
Adam Moser, the attorney for Ms. Rodriguez. 25
124
C0148 - For People - Cross(Mr. Moser)
1 Officer, how many times have you met
2 Ms. Rodriguez's father?
3 A
I don't know him as far as I know.
4 Q
You never met him, correct?
5 A I don't know.
6
MR. REED: Objection, Your Honor. Oh, I'm
7 sorry. Withdrawn.
8
Q You don't know him, correct?
9
10 Q
You're not_ aware of ever meeting him, correct?
11 A
Not by the name that I was given just now.
12
Q The defendant, Ms. Rodriguez, was arrested in this
13
case lD July of 2008, correct?
14 A Yes.
15 Q
Since July of 2008, has anybody from the police
16 force come to you and say, "Hey, we just got calls from
17 somebody. Somebody is trying to find out who you are on the
18 Rodriguez case"?
19 A Not the Rodriguez case, no.
20 Q
How about on the case of Cassandra Ma1andri? Has
21 anybody ever try to
you receive any calls or any
22 communication from anybody in your police force that
23 somebody on this case has tried to find out who you are?
24 A
NO
j
not that I'm aware of.
25 Q
Have you been told that Mr. Rodriguez has
125
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People
Cross (Mr. Moser)
contacted anybody in your command, in your police force, to
try to find out your name and your undercover?
A No.
Q
Yet, you still have a fear that this would happen
if he's coming in today and actually just sees your face?
A Yes.
Q
So what do you base this fear on?
A Excuse me.
Q
What do you base your fear on? Nobody.wants to
put you in harms ways, but what do you base your fear on for
this retired New York City 20 year police officer; he wasn't
discharged, he's retired, to come in and just to here what
you're going to say? What's your fear -
A Well
Q
On this case?
A
Well, from what I understand -
Q
On this prostitution case?
A
From what I understand, it's the defendant's
father.
Q Right.
A
I'm sure he's not -- I don't know his state of
mind. I don't know what he's feeling. He obviously - he
probably carries a gun. I may run into him in the street
one day. I don't know what his state of mind is now. I
don't know what his state of mind will be t h e n ~
126
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Cross (Mr. Moser)
Q So you would say this about any family member of
any of the defendant's family?
MR. REED: Objection, Your Honor.
THE COURT: Would-
MR. MOSER: I'll withdraw the question.
Q
Would your answer change toqay if I brought in
Ms. Rodriguez's mother?
A No.
Q Would it change if I brought in -- so what you're
telling this Court is the fear of the unknown?
A Correct.
Q
And what could happen, correct?
A Exactly.
MR. MOSER: Judge, I -
THE COURT: One second.
People, did you ask the undercover officer
if -- through your investigation, I should hope that
you found out where the defendant's father worked
previously?
MR. REED: We didn't find out his previous
we didn't have time to find out his previous -
MR. MOSER: Judge, I'll ask the question.
THE COURT: All right, continue.
Q
In Richmond Hill, Queens is where the defendant's
father worked for many, many, years. Do you have any
127
1 relationship with a Juan Rodriguez from Richmond Hill,
2 Queens?
3 A
No, but I do know the area.
4 Q You know the area?
5 A Yes.
6 Q
Have you ever worked in Richmond Hill, Queens?
7 A
Yeah, in that precinct; yes.
8 Q
And when did you work there?
9 A
I would say almost a year ago.
10 Q
Okay. Was it before 2006?
11 A No.
12
MR. MOSER: Judge, I have nothing further.
13
MS. AL-SHABAZZ: I just have a couple of
14 questions.
15 CROSS EXAMINATION
16 BY MS. AL-SHABAZZ:
17
Q Detective, you recall testifying at the Hinton
18
hearing, back in November - that is the date on it. I
19
don't remember what the actual date was, but you recall
20
testifying about having this court closed?
21 A Yes.
22 Q
And you recall me asking you some questions,
23 right?
24 A Yes.
25 Q
And you were under oath at that time, right?
128
C0148 - For People - Cross(Ms. AI-Shabazz)
1 A Yes.
2 Q And you told me the truth when you testified then,
3 correct?
4 A Correct.
5
Q You recall me asking this question and you giving
6
the following answer. I'm on page 19, which is the same
7 reference I've made?
8
MR. REED: Your Honor, I'm going to object to
9
this. It's clear that we are only going to deal with
10
the - this - we reopened the Hinton hearing as it
11
relates to this individual.
12
MS. AL-SHABAZZ: Also, my line of questioning
13
reflects to his answers with respect to family members
14
at that time, and now he's changing his testimony, and
15
I think that is a prior inconsistent statement that the
16
Court needs to take notice of.
17
THE COURT: With - repeat. What was the
18 question again?
19
MS. AL-SHABAZZ: I didn't get to ask the
20 question.
21 THE COURT: Go ahead.
22
MS. AL-SHABAZZ: It's basically me asking
23 him -
24
THE COURT: Go ahead. Overruled. Let me
hear it. 25
129
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Cross (Ms. AI-Shabazz)
Q Page 19, of the Hinton hearing minutes, Line 10,
"Question: Now, you don't have a fear of testifying ln
front of the defendants in this case, correct?"
MR. REED: One moment, Your Honor. I have
Page 19, Line 10, I don't get that.
THE COURT: Is it 90 or,19?
MS. AL-SHABAZZ: One-nine.
THE COURT: One-nine.
MR. REED: My Line 10 says, "How many
times" -
MS. AL-SHABAZZ: I'm on cross, my cross. Our
pagination is different from the People's pagination.
It's my cross
held 0
the record among the Court, defense
counsel and the assistant district attorneys.)
MS. AL-SHABAZZ: It's the fourth page.
MR. REED: Fourth page?
MS. AL-SHABAZZ: Yeah. The People have a
different pagination, but I think they found where
am.
Q So do you recall being asked these series of
questions and giving these series of answers: "Question:
Now, you don't have a fear of testifying in front of the
defendants in this case, correct? Answer: The defendants,
I
130
1
2
3
4
5
6
'7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
no. Question: You have no fear? You have never been
threatened by them, correct? Answer: No. Question: EVer
been threatened by any members of their family? Answer:
No, not that I know of. Question: Never been threatened by
anyone associated with them whatsoever? Answer: Not that
know of." You recall being asked
MR. REED: Your Honor, I'm going to object to
that question, this line of questioning, because it's
not contradictory to what the officer said. He never
testified that he got threatened by anybody, by
Ms. Rodriguez's ther and/or family members on my
direct. So I think that it is improper impeachment in
that it's not a prior inconsistent statement.
THE COURT: Let me just read the minutes.
(Whereupon the Court reviews the minutes from
the Hinton hearing.)
THE COURT: You know, I'm going to sustain
the objection.
Q Back in November, you didn't have a fear of any
the family members of defendants, did you?
THE COURT: I'm going to sustain the
objection because at that point he had no reason to,
and like I said and I mentioned previously, it has to
be cannot be broad. It has to be fact specific.
So if he says, "No," of course, at that time he doesn't
I
131
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Cross (Ms, Al-Shabazz)
because he doesn't know who he is going to be
confronted with:
(A) The father. The People did a
background check or have information on that person,
then he can address that specifically, but at this
point no, he has nothing to fear because he doesn't
know their family members. But once he is confronted
with specific members and specific information that's a
whole different ballgame. So I think that it's unfair
at this point for him to -- he can answer the question
as honestly as he could. So I am going to sustain the
objection.
MS. AL-SHABAZZ: Okay. I have nothing
further. Let the record speak for itself.
MR. REED: Your Honor, I don't have any
further ques ons. I'd just like to make a summary
argument.
MR. REED: Your Honor, I renew my opposition
to Mr. Moser's application to have the --
Ms. Rodriguez's father present during the testimony for
the following reasons -- actually, he shouldn't be
present for this.
MR. MOSER: Judge, I have no objection.
THE COURT: You know, I'll have him step
outside.
132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
THE WITNESS: Excuse me.
(Witness exited the courtroom.)
MR. REED: Your Honor, the People renew the
opposition of Mr. Moser's application for the following
reasons:
As the officer - as the undercover pointed
out, he does have a fear for the -- for this
individual, especially because this individual is a
retired police officer, and is not bound by the rules
that govern police officers. He has an ability to
carrying a firearm. This undercover doesn't know what
precinct, command, that -- or commands this individual
may have worked in the past, and as a retired police
department officer, the undercover pointed out that
this person who may have access to -- he may have a way
to learn his identity easier -- more easily than an
average civilian.
Also, this undercover said that, you know,
IS worked in the same area of the precinct that the
undercover - 11m sorry. Ms. Rodriguez's father has
worked in, and may have run into her father in the past
or people that her father's knows. And, Your Honor,
this was just this past year and, as I would point out,
Ms. Rodriguez's , Mr. Rodriguez, is not somebody
that retired 15 years ago. He retired two or three
133
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
years ago. So it's probable that he has friends that
work in the same area that the undercover has worked
in, and those people will certainly have access to
computer files or other ways, other avenues, to find
out what the undercover's identity is. One moment,
Your Honor.
Again, I'd like to point out that he does
have a contract on his head -- on his life, I'm sorry.
And the undercover did point out, during my direct,
that he has heard of instances where police officers
have looked up the identities of undercovers in the
past. So it's plain that department officials do have
the ability to find out who undercovers are at this
time.
MR. MOSER: Can I just be heard brie y?
THE COURT: Yes, go ahead.
MR. MOSER: Now, Judge, we were back here in
November, and we had the Hinton hearing, and this
undercover was asked a couple of questions: "What's
your shield number?" He gave his shield number.
"What's your command? Bronx Vice." My client very
easily could have gone to her father and said, "Hey,
Dad, you know this guy? He works at Bronx Vice, and
this is his sh ld number. Why don't you go and try to
find him for me?" None of that happened. The officer
134
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Proceedings
has no knowledge that anybody has been looking ~ o r him,
finding him and, quite frankly, if a retired police
officer wanted to try and find somebody, he probably
could.
Whether or not he's present at a Hinton
hearing -- whether or not the witness or the family
member is present at -- for his testimony, based on
what's happened in the past, he probably could have
tried to
nd him, but he chose not to, and on the
this case, which is a non violent case, which is a B
misdemeanor prostitution case, to have a fear of the
unknown, to deny the defendant her fundamental right to
have a family member present, I think would be wrong in
this case, Judge.
Thank you.
THE COURT: Much harp has been made about a B
misdemeanor, but I think we all can agree that even
though it's a B misdemeanor, I'm sure the defendants
are. stressed. We have an undercover officer that has a
very stressful job, so I don't think that it's fair for
others -- for any of us to say, "It's just a B
misdemeanor."
MR. MOSER: Judge, it's important.
THE COURT: No, I'm just saying a lot of
emphasize has been said, and you have to take that into
135
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
consideratrion. Yes, we have a police officer. He is
an undercover police officer. That's what he does.
Regardless if this is a summons case, a B misdemeanor,
a felony, it's serious to all of us.
That being said, I believe the evidence shows
that the of cer's safety would be in danger by
following defendant -- by allowing Defendant
Rodriguez's father to remain in the courtroom. The
undercover officer stated and brought to the Court's
attention that defendant's father may have worked at
precincts within the same vicinity of the Richmond
Hills Queens, and also around the same time.
More importantly, the fact that the father is
no longer a police officer, he's not bound by the New
York City Police Department rules and regulations.
So that's the Court decision.
MS. AL-SHABAZZ: Can we take exception
THE COURT: Yes.
MS. AL-SHABAZZ: And just put on the record
that it's the defendant's position that the Court
hasn't followed the most recent case and sua sponte
consider an alternative to full closure. Especially in
consideration of the fact that this is a family member,
I think that the Court has to consider an alternative
to full closure and excluding the father, and the Court
136
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
hasn't done that ..
Secondly, the Court hasn't made a finding
that he has a particularized fear. It's a speculative
fear, and it's a general fear, and there lS no
particular fear. But with respect to the alternative,
there hasn't been any put forth by the Court, and I
think the case of Louis Presley vs. Georgia, that the
Court's sua sponte should consider an alternative to
full closure. I think in this instance it will be -
THE COURT: Well, let me say this. I don't
think it's speculative. I think what was brought out
is that both parties worked at precincts, in the same
vicinity, at the same time. It's more so not his
undercover -- whether or not 'he may notice him or
recognize him, okay. They're both, you know -- I'm not
going to say that on the record about his identity, but
as I've stated, it's not speculative. He is a police
officer. I don't know if they seen each other because
they worked in the same vicinity. It's one thing -
and it would be different to me if he -- if one worked
in, you know, the Bronx, and one worked somewhere else.
But the fact is the undercover officer said that he
worked in the same vicinity. So I think that it's
more -- to me the problem here is recognition. So at
that point I think it's just closure. Not I think, it
137
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
is closure, and that's the main reason in my case.
It's the possibility, it's not speculation, and I'm not
going to take a chance on the fact that to me it's a
high probability if you work within certain areas,
particularly, Richmond Hill, Queens, that the
likelihood that maybe they, you know, ran into each
other. I'm not taking that risk.
MS. AL-SHABAZZ: I think the Court's language
that you're using, "likelihood" and "the chance" is
only enforces the idea that it is a general non
particularized fear because there's nothing concrete
that this officer can point to and say, "Here is why
I'm scared of this particular officer because he did
this or he's involved in this." All of the conjecture
about what could have been doesn't satisfy the law, but
that's all I'm going to say.
We're ready to proceed.
THE COURT: Okay. So noted.
MR. MOSER: Thank you, Your Honor.
MR. STRAZZULLO: Thank you, Your Honor.
THE COURT: Okay.
MR. REED: Thank you, Your Honor. Whenever
you're ready, we're ready to call the undercover in.
THE COURT: Please.
138
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
- Proceedings
(Witness entered the courtroom.)
COURT OFFICER: Okay, Slr. Please retake
your seat on the witness stand. I remind you that
you're still under oath.
MR. REED: Your Honor, may I proceed?
THE COURT: Yes, go ahead.
DIRECT EXAMINATION
MR. REED:
Q Good morning, again.
A Good morning.
Q
How long have you been with the New York Police
Department?
A Over 10 years.
Q
And what is your present command?
A Vice.
Q And what is Vice?
A Vice is a unit that investigates crimes related to
prostitution, gambling, alcohol, narcotics; firearms.
Q And how long have you been with Vice?
A Almost four years now.
Q And is it correct that's it's called Vice
Division?
A Yes.
Q And what lS your assignment with Vice Division?
25 A I'm an undercover detective.
139
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
48 - For People - Direct (Mr. Reed)
Q Can you explain to the Judge what exactly an
undercover detective is?
A Well, an undercover is an individual that s
their identity, possibly assumes false ty to enter or
meet individuals or enter organizations
are dealing
with ill 1 activity to
information.
Q And what are some examples of illegal activi
that you 1 with the Vice Division as an undercover?
A
Prostitution, gambling, alcohol,
rearms
investigation, narcotics; human trafficking.
Q
How long have you been an undercover?
A Almost four years now.
Q you have any
equent training to become an
undercover?
A Yes.
Q
Could you please
cribe that ning for the
Judge?
A It's a 30-day course's given by
New York
City Police Department. The tructors are
detectives, former undercovers, that have been undercovers
ranging from 10 to over 20
as an undercover. The
training i the recognition of the dif types of
narcotics, language that's used the street, language that
is used in di areas depending on what the
investigation Is. It takes ace -- some
140
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Direct(Mr. Reed)
training ta place in
lers that are set up as
apartments or
Idings where senior detectives portray 'the
roles of either pimps, or prostitutes, or drug dealers, or a
person taking numbers, as a role play.
Q Okay. As an undercover were you trained in
reaching deals with
ntial subjects in prostitution?
A Yes.
MS.AL-SHABAZZ: Objection.
"Reaching
deals"?
I don't know what that means.
MR. REED: I'm sorry.
Q
Reaching
s that entail sex for US currency or
any currency?
A Yes.
Q Could you explain that
ning the Judge?
A
Well, that training, again,
it involves -- it's
done by senior detectives,
were undercovers,
that were in Vice, that were in narcotics, that have prior
experience in these prostitution related agreements. Some
the detectives pose as pimps, some of them play role as a
prostitute, and they'll send in the new undercover into
this, you know, controlled environment where '11 say
ngs to the new undercover that will -- probably, they'll
will hear again during a
case.
Q What areas - during
s training that you
141
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
received from the senior detectives, what types of location5
would you reenact?
I don't know how
you reenact a location. I'm not understanding the
que5tion.
THE COURT: Sustained. Rephrase.
Q Would you -- during your training would there be
instances where your training dealt with sort of like
staging a prostitution operation?
A Yes.
Q
And what kind of staging would it consist of?
A Some of the trailers are set up as apartments,
some of the trailers are set up as a club, as a strip club,
some of the trailers are set up as a crack house, sort of
speak, and so on.
Q. And how many investiga ons as an undercover had
you been a part of in total?
A Well over a thousand.
Q
And how many for prostitution, specifically, have
you been involved in?
A Well over 300.
Q
Have you ever trained other New York Police
Department officers to become an undercover?
A Yes.
Q
What about have you ever given training in
142
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 For People
Direct (Mr. Reed)
undercover operations as
deals with prostitution?
A Yes.
Q About how long ago was this?
A
As close as two to three weeks ago.
Q
And about how many trainees have you had during
your careers, approximat y?
A Over 10 to 15.
Q And, just for the record, how many arrests have
you been a part of?
A Over a thousand.
Q And how many arrests have you been a part
that
dealt specifically with prostitution?
A Over 200.
Q Are you familiar with the term "ghost"?
A Yes.
Q
Could you explain what a ghost is for the Judge?
A A ghost is an undercover officer who is -- the
correct term would be a secondary undercover, that's what
they call a ghost. The primary undercover is the undercover
that's attempting to make an agreement depending on the
case. The ghost or the secondary undercover is the eyes and
ears of the field team. If the primary undercover is in
danger the ghost will get involved and notify the field team
right away to move in.
Q I'm just going to -- when you received your
143
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
rect(Mr. Reed)
C0148
training as a rcover what - strike that. I'll move on.
Direct your attention, to June 20th, 2008, at
344 West 38th Street, at about 12:30 in the morning, were
you at that ion, on that date, at that time, and at
that location?
A Yes.
Q And is
location here in New York county?
A Yes.
Q And,
cally, is that a building or is it a
bodega?
A It's a ng.
MS. AL-SHABAZZ: Objection. Leading
witness.
Q
What
nd of location is it?
A It's a building.
, speci cally, In that building were you?
Q
A On fifth floor.
MS. AL-SHABAZZ: Objection, again. He's
The witness never said he was in that
building.
COURT: Sustained.
Q
Were you in the building ever?
A Yes.
Q
specifically were you?
144
1 A I was on the fifth floor.
2 Q
Okay. And in what capacity did you enter that
3 location?
4 A I was in an undercover capacity portraying the
5 role of a very wealthy businessman that traveled frequently.
6 Q
Okay. And what - was anybody else with you?
7 A Yes.
8
Q Who?
9 A I had a partner.
10 Q
Was this person acting as your ghost?
11
MS. AL-SHABAZZ: Objection. He's leading.
12 He's leading, again.
13
THE COURT:
Objection sustained. '
14
MR. REED:
Your Honor, I argue that's not
15 a leading question
that I just asked him, basically,
16 what capacity -
1 right, strike that.
17 Q
What capacity did your partner enter the building?
18
MS. AL-SHABAZZ: No.
19
MR. REED: I'm just trying to move it along.
20
Therefs no jury here, so I don't understand -
21
MS. AL-SHABAZZ: It is still not a proper
22 question.
23
THE COURT: 's trying to protect the
24 record.
MR. REED: Okay. I got you.
25
145
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. AL-SHABAZZ: In the legal format I don't
believe it's a proper question.
THE COURT: And, actually, it's good
practice.
MR. REED: Okay.
MS. AL-SHABAZZ: You're welcome.
THE COURT: It's the professor in her.
MR. REED: Okay.
Q
In what capacity did your partner enter that
building?
A He entered also in an undercover capacity, also
being very wealthy, and he was also entering as a primary,
also as a secondary undercover.
Q Are you familiar with the term "tactical plan"
meeting?
A Yes.
Q Could you explain what a tactical plan meeting is
for the Court?
A Yes. A tactical plan meeting is a meeting that
occurs before undercovers and the field team, and the
supervisors go out into the field. During a meeting we
discuss the different locations that we may be going to.
During this meeting we also discuss
MS. AL-SHABAZZ: I'm going to object because
the People never inquired what happens at the meeting.
146
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
e - Direct (Mr. Reed)
C0148 - For
You said
Yes.
Q
What is
what happens at a tactical plan
ng
in general?
A During
meeting we discuss the locations
we may be go
to during that tour. We also discuss
persons that may be at the location, that may work at
location,
may frequent the location. We discuss routes
to hospitals
case of an emergency. We discuss who will
be the arresting of cer, who will be in the -- what we
the lip van"
's the van where the prisoners are kept.
Q
Did you have such a meeting before going to 344
West 38
Street, on the 20th, of 2008?
A Yes.
Q At that meeting -
MS. AL-SHABAZZ: On the 20th of 2008?
!.
MR. REED: On June 20th, of 2008?
MS. AL-SHABAZZ: Okay.
Q
Did you have such a meeting?
A Yes.
Q At that meeting did you learn
name -- did you
learn
name - did you learn whether or not there was a
name
was associated with 344 West 38th Street?
A Yes.
Q
Okay. And what was that name?
I
147
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C0148 For People - rect(Mr.
A Hot Lap Dance Club.
Now at this specific tactical plan meeting that
Q
you had, prior to entering the Hot Lap Dance Club what, if
anything, was discussed?
MS. AL-SHABAZZ: Obj ion. It would
hearsay. That would hearsay.
THE COURT: What are the arguments?
MR. REED: Your Honor, I'm not arguing for
the truth of whatever statements
THE COURT: Are you going to his state of
mind?
MR. REED: I'm going to his state of mind,
and why they went to the Hot Lap Dance ub.
THE COURT: Overruled.
Go ahead.
A
It was discussed -- and I was at the location two
prior times. It was discussed that possibility of
alleged prostitution at the location. I was there two prior
times where I made positive agreements for prostitution at
that location.
Q Could you explain what a positive agreement is for
the Judge?
A I made agreements wi females sex exchange
for money.
25 Q
And when you say "sex" what do you mean?
148
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
e - Direct (Mr. Reed) C0148 - For
A
I mean intercourse, penis to vagina.
Q In your training as an undercover were you trained
that you had to reach deals -- strike that. In your
training as an undercover as it relates to pro
lon,
what were you trained -- were you trained that
that?
MR.
One moment, Your Honor.
Q When you were t
to as an in
prostitution were you tra
that you were going to reach
deals just for sexual intercourse?
A No.
Q Okay. What
acts were you trained
you
t should reach deals with during your ope ons?
MS. Z:, Objection. Form.
Q What other of - what besides sexual
intercourse were you ined in?
A'
Well, any form
gratification in exchange
for money: Oral sex, masturbation; anal sex.
Q
Would that include touching?
A Yes.
Q Okay. Now, back to June 20th, 2008, at 344 West
38th Street -- well, s ke Back at that tactical
plan meeting could you
what, if anything, was
discussed about that operat
at that tactical plan
meeting?
149
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A
Yes, we discussed the location. I was there on
two prior locations, so I knew the layout of the location
ty well. We were also shown
ctures of individuals who
worked at the club, who might frequent the club. We were
just told to be very careful while we were there, that
was all the way up on the
fth floor. In case there was an
emergency, it would take awhile -- well, I don't know how
long. I'm not part of the field team, but it would take a
minute for them to
MS. AL-SHABAZZ: Objection. Then he can't
testify about that.
THE COURT: Objection sustained.
Q Now, can you describe -
THE COURT: As to the last rt of his
testimony.
Q Now, could you describe for the Judge what
happened when you went to the Hot Lap Dance Club on
June 20th, of 2008?
A Yes, we arrived at location, at approximately
12:30
Q 12:30 a.m. or p.m.?
A A.m. I was with my partner who is another
undercover. We parked the vehicle in the vicinity the
location. We waited in the vehicle until we got the okay
25 from our supervisor that everyone was in position, meaning
150
1 the field team. Once we got the okay from the supervisor,
2 my partner and I ft the vehicle and approached the
3 location,
4 When we approached the location, in the front, ln
5 front of the location, there was a male standing outside.
6 It was a security guard for the Hot Lap Dance Place, for the
7 Hot Lap dancers. We greeted him, he greeted USi we shook
8 hands. We entered the location. We went towards the rear,
9 towards the elevator. As we waited other male patrons came
10 in. The elevator came, we boarded the elevator; we went up
11 to the fifth floor. There were approximately, maybe, four
12 to six individuals in the elevator going up to the fifth
13 floor. There was a male black in the elevator, dressed all
14 in black, who was security also. As the doors opened, we
15 were all greeted by another male who told us, as we were
16 getting 0 , to take out our membership cards and to form a
17 1 We all compli We all did that. We had I had
18 my membership ready. There were two metal doors that were
19 clos
Once the doors opened. We were allowed in
20
one-by-one. As I entered, to my 1
, there was a female
21
sitting on a chair with a cash register in the front. She
22
asked me for my membership card. I gave my membership
23
card. She gave it back. Then she told me it was $50 to
24
come in. I gave her the $50. She put a wrist band around
my wrist. I stood to the side and waited for my partner to
25
151
C0148
For People - Direct (Mr. Reed)
1 come in. When we both got together, we proceeded into the
2 Hot Lap Dance Club. We went to the area which I re rred to
3 as the main area of the club. It's a large room. There are
4 many couches set up in this room. There's so a bed in
5 this room. There is a table set up with food, buffet style.
6
Above this table .there's a projection
a projecting
7
project style going on, Ii
a movie, like a projection TV
8 and -
9
A movie? Q
10
Yes, a movie. A
11 Okay. Q
12 A
There were pornographic movies playing. There
13 were several women dressed
lingerie attire, speaking with
14
other males, sitting with males, some were dancing. At that
15
point my partner and I walked over to the bar.
16 Q
What, if anything, happened at the bar?
17 A
At the bar I was greeted by the bartender, who I
18 knew as John. He came from around the bar, gave me a hug,
19 kissed me on both my cheeks. Told me where have I been. He
20 hadn't seen me in a long time. I told him that, "You know
21 how I do. I come and go all the time." He went back around
22
the bar. He said, "Let me you and your friend a drink."
23
He gave us a drink. I gave him some money for the drinks.
24 He then asked me if
25
Q What kind of drink was it?
152
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Di (Mr. Reed)
A A Vodka and Red 1.
Q
What kind of glass?
A A small plast glass.
Q
A Dixie cup?
A A ear pI lC cup. I don't know if it was 6 to
8 ounces. I'm not sure.
Q
Okay. You may continue.
A He asked me if I
MS. AL-SHABAZZ: I'm going to object to the
narrative. I don't know if there's an outstanding
question. He said he can continue, but I'm not sure
what the question is.
COURT: Sustained.
Q
Explain what, if anything, happened after you
received the drinks from John?
A
After we - after I received the drink and my
partner received the drink, my partner and I decided to walk
around the location, the club. We wanted to see
approximately how many people were there? Who was there?
If we recognized anyone from prior sits.
Q Did you run into anybody?
A Yes, there were a few people
I recognized
from prior sits. The-
MS. AL-SHABAZZ: Objection. There's no
outstanding question at this time.
153
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C0148 - For People
Direct (Mr. Reed)
THE COURT: Sust ned.
Q
What, if anything, happened during your walk
around this club, in the big room specifically?
A
Shortly after, I see these two females standing in
the middle of this big area which I call the main area.
They were standing in the center of this room talking to one
another. I looked at them. I made eye contact with both
females. So we smiled. I walked over to the females. I
engaged them in conversation. One of the females which I
know as Defendant Malandri asked me if I wanted to have a
dance with both of them? I said sure. They led me -- they
both led me to one
the dance rooms. As we walked into
the dance room
Q
Is this dance room a different room from the maln
area that you were walking around?
A Yes.
Q
Can you describe the dance room for the Judge,
please?
A Yes .. This dance room was set up with -- had a
similar set up, couches along side the walls. In this room
there was like another small room which had more couches
ong side the wall and a bed. There were other patrons
there with other females having dances. When the female
realized that the bed was being occupied
MS. AL-SHABAZZ: Objection. He's about to
25
154
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
e - Direct (Mr. Reed) C0148 For
speculate about what somebody else realized. I don't
think he can do that.
THE COURT: Was this based on your
observation?
THE W defendant realized that the
room that was occupied, Ms. Malandri. She
told me, " is ng used. Let's go to another
room. "
Q Did you, in go into another room?
A Yes.
, Ms. Malandri and Ms.
Rodriguez, me this room, and as we stepped out of
the room we went to our There was another room setup
in a simi on, couches along side the wall. This
room also had a , and they told me that we were going to
use this bed.
Q
Could you -- what was the lighting conditions?
A It was dim. It wasn't as bright as it is in
Q It wasn't as bright as this room?
A No, not as bright as in here.
Q What about the noise level?
A was music playing, but it wasn't loud enough
23 that we wouldn't be able to hear conversation between two
24 people.
25 Q
Could you describe for the Judge what, if
155
C0148
1 anything, happened after you entered this room?
2 A
Yes. We entered the room, we went towards the
3 bed. I put my drink down on the table, I took my jacket
4 off, I sat it on the couch. Ms. Malandri told me to lay on
5 the bed. I told - I asked them how much it was.
6 Ms. Malandri told me, I didn't have to pay now. I told her,
7 "No, I rather just pay now." So I was told it was
8 Ms. Malandri told me it was $20 per girl personally. So I
9 handed her a $50 bill.
10 Q
One moment. Do you see either of the individuals
'11 that you had the - that you were led into this room with
12 here in court today?
13 A Yes.
14 Q And could you point each of them out or
- each of
15 them out and describe
an article of clothing that each of
16 them are wearing, please?
17 A
Ms. Malandri has the black sweater, turtleneck -
18
MS. AL-SHABAZZ: That's me.
19
THE WITNESS: No, behind you.
20
Q And Ms. Rodriguez is - has the jacket on, the
21 black jacket.
22
MR. REED: Your Honor, let the record reflect
23
the witness has indicated the defendants?
24
MS. AL-SHABAZZ: And counsel.
25
MR. REED: And Ms. AI-Shabazz.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
156
THE COURT: Indicating the defendants.
MR. REED: Your Honor, at this point -- May I
approach really, briefly, Your Honor?
THE COURT: Yes.
Q
What, if anything, happened after you entered this
side room with the defendant?
A Well, I asked them about how much was the dance.
I was told it was $20 per female, per dance, so -- I was
told I didn't have to pay now. I told them I rather just
pay now. I handed them a $50 bill. I said, "Here's $20 for
each and a $10 tip. I got on the bed. I laid down on the
bed as Ms. Malandri told me. Ms. Malandri got on top of me,
she sat on top of me. She started gyrating on top of me.
She was touching my chest, my arms, my face.
Q Where was Ms. Rodriguez?
A Ms. Rodriguez was on the bed next to me and Ms.
Malandri. Also touching my chest and my face and my head.
At one point they switched. Now, Ms. Rodriguez was on top
of me and Ms. Malandri was on my side.
Q And at this time what was the noise level like in
this room?
A
There was music playing. It wasn't loud enough
that two people having a conversation that they wouldn't be
able to hear each other.
25 MS. AL-SHABAZZ: Objection. Speculative.
157
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. REED: Did you say overruled, Your Honor?
THE COURT: Yes, overruled.
Q
Did you have a conversation with either defendant?
A Yes.
Q
And what was -- generally, what was the
conversation about?
A Well, the conversation was related to the fee.
What I said before about how much it would cost. They told
me it was $20. This all happened in that room. We were
standing right next to each other. I could hear them
clearly.
After the song was over, I sat up on the bed and
asked Ms. Malandri if she was the gi from the website.
And she said, "Yes." I told her how hot she was. I"asked
her what her name was again. That's when she told me, her
name was Alexia Moore. I asked her with her end's name
was. She told me her name was Falynn.
Q And when you're having this conversation where was
Ms. Malandri located in the room?
A We were allan the b e d ~
Q
Okay. Where was she located ive to your
position on the bed?
A She was on top of me.
Q
And where was Ms. Rodriguez located?
I
158
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A On my side.
Q And, again, what was the noise level of the floor?
A There was music playing, but we could - I could
hear the conversation clearly. After this
Q One moment. I have to ask you a question. What,
if anything, happened after the dance?
A After the dance, I asked her if she was the girl
from the website. She said, "Yes." I asked her for her
name. She went as Alexia Moore. I asked her for her
friend's name. Her friend's name is Falynn. I told them
how -- that they made such a great team together. They were
just smiling. I thanked them for the dance. She asked me
if I wanted to have another dance. I said, "No, not right
now. Maybe later." I grabbed my jacket and I left this
dance area. I went back to the main area.
Q And where did you go?
A
I went back to the main area.
Q
Did you run into your partner at anytime after
this initial dance?
A Yes.
Q
About how far -- how long after the -- this dance
did you run into your partner?
A Within a few seconds. I walked out of the room
and walked right to where he was in the main area.
Q When you met up with your partner what, if
159
C0148
1 anything, happened?
2 A I told him that I had a dance with the two
3 females.
4 Q
Based on your conversation with your partner what,
5 if anything, happened next?
6
A After that, I went over to the bar with my
7 partner, and I spoke to the bartender, John.
8 Q
Based on your conversation with John, what
9 happened next? I'm sorry. Did you have a conversation with
10 John?
11 A Yes.
12 Q Based on this conversation what, if anything,
13 happened next?
14 A I told John that I just had a dance with a girl,
15 and that she told me that her name was Alexia. John stated
16 to me that - "Oh, I know Alexia. She's a porn star." So I
17 told John - I just want to apologize to the Court for the
18 language I'm going to use.
19
20 A
I told John, "I want to fuck Alexia." So John
21
told me that he knew her, but he didn't knew her as well as
22
he knew the other girls but that he would talk to her.
23
Q Now, after this conversation did John do anything?
24
A He stood behind the bar for a few minutes. My
25
partner and I walked away from the bar. Shortly after that,
160
C0148 - For People
Direct {Mr. Reed)
1 I see John come around from the bar, and the two defendants,
2 Ms. Malandri and Ms. Rodriguez, were back in that main room.
3 I observed John walk over to the two females. I observed
4 them in conversation. During this conversation I observed
5 both defendants, Ms. Malandri and Ms. Rodriguez. I also
6 observed John look over
me several times, all three
7 individuals, during their conversation. After their
8 conversation ended John walked back behind the bar. At this
9 point I was standing at the entrance of this main dance area
10 with my partner. He was leaning against a table and I was
11 leaning up against the wall across from him.
12 Q Did you ever come in contact with the two
13 defendants after you saw John with them?
14 A Yes.
15
Q And what, if anything, happened after you came
in
16
contact with the defendants together?
17 A Shortly after that, after their conversation, both
18 defendants walked over to me. Ms. Malandri put her hand on
19 my shoulder, my left shoulder, and Ms. Rodriguez was
20 standing towards - on Ms. Malandri's left.
21 Q And about how r away from - about how far away
22 from the defendants were you when you approached them again
23 in feet?
24 A
In feet, we were about a foot apart.
And did you and the defendants have a conversation
25 Q
161
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People
Direct (Mr. Reed)
at that time?
A Yes.
Q
And what, if anything, was said? What did the
conversation entail?
A Ms. Malandri told me, "I hear your a friend of
John's and very nice." Ms. Rodriguez asked me how I knew
John. I told them that I knew John from the Hot Lap Dance
Club.
Q Just for a -- just one moment. The location in
the club that -- what was the location in the club that you
were having this conversation with the defendants?
A
It was the entrance of that main room, what I
considered the main area, the main dance room.
Q Was it a room or was it -
A No, it was like -
MS. AL-SHABAZZ; Objection. He answered the
questioned "room".
Q Could you describe this room?
A Yes.
THE COURT: Sustained. Go ahead.
A The -- this room, the main dance room, when you
enter the room there's a hallway that's approximately,
maybe, five feet long, four feet long. There's a table
when you enter the room, there's a table on the right-hand
side and the wall is on the left-hand side, obviously. You
162
C0148 - For People - Direct (Mr. Reed}
1 walked into this little hallway that's about four feet long,
2 five feet long, and that's the main area, the main dance
3 area.
4 Q Just for clarification, were you in this little
5 walkway?
6 A Yes.
7 Q Okay. And where were you in relation to the
8 table?
9 A Across from it.
10 Q Could you describe the conversation that you had
11 with the defendants while you are in this hallway?
12 A
Yes. Ms. Malandri told me, "I hear you're a
13
friend of John's and very nice." Ms. Rodriguez asked me how
14
I knew John. I told both of them that I knew John from the
15
club. I asked both females if they wanted to get another
16
dance. At this point Ms. Malandri told me, "Why don't we
17
get more private. And we can all get naked and touch each
18
other." As she's telling me this,. she has her hand on my
19
shoulder, she's smiling. When she told me that we could all
20
get naked and touch each other, I'm looking at her and she
21
had looked down towards my groin area with a smile. Both
22 fema
were smiling. I told them how much - I asked her
23
how much was that, to go to the private room. She said it
24
was $300 for 15 minutes.
Q And, specifically, who said that?
25
163
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - rect(Mr. Reed)
A Ms. Malandri.
Q
And where 'were you in relation how far away
were you from Ms. Malandri when she said it was $300 for 15
minutes, specifically?
A Less than a foot.
Q And where was Ms. Rodriguez?
A To her left.
Q And about how far way?
A The same, less than a foot.
Q And what was -- was there any music playing in the
,hallway?
A You could hear the music in the hallway, but it
was in the main room that the music was coming from.
Q Could you describe the noise level for the Judge
that hallway, at that time?
A The music was playing, but I -- you could clearly
have
I was having a conversation that I could clearly
hear everything that was sa
Q Did you see your ghost at anytime during this?
A Yes.
Q Where was he?
A He was l ~ a n i n g on the table behind the two
defendants.
Q Now, after Ms. Ma1andri said that it was $300 for
15 minutes what, if anything, happened?
164
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A
Then she told me that we would get our own private
bed and that nobody could see.
Q
And where is Ms, Rodriguez at - when she said
this?
A To her left.
Q
And had their position changed at all?
A No.
Q What about the noise level?
A No.
Q
Were you smiling when you said that?
A No.
Q Were you laughing?
A No.
Q
Was she smiling when she said it was $300?
A No.
Q
What about Ms. Rodriguez -- I'm sorry. Was
Ms. Malandri smiling when she said it's 300 for 15 minutes?
A No.
Q What about Ms. Rodriguez?
A No.
Q
Okay. What, if anything, happened after
Ms. Malandri said that it was $300 for 15 minutes?
A
She told me that we would get our own private bed
and that nobody could see. I told her, "No. Why don't we
just get another dance. II So Ms. Malandri then told me that,
165
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C0148 - For People
Direct (Mr. Reed)
"Okay, but just remember that we have to leave soon." So,
again, both females led me to the same room where we had the
first dance in.
Q
Okay. And did you -- what happened in that room?
A
In that room the bed that we used the first time
was unoccupied. Again, I was told to lay down on the bed.
I gave them the $50 -- I gave them another $50 for the
dance, $20 per girl with a $10 tip. I took my jacket off,
put it on the couch that was there, and I laid down on the
bed. And during this song they performed
their dance again,
basically, the same thing that was performed in the first
dance.
Had the noise level changed from the time that you
Q
had the previous dance to this dance?
A No.
Q
What about the lighting conditions?
A
No, same lighting conditions.
What, if anything, happened during this dance?
Q
A
During the dance, it was the same thing as the
first dance. Ms. Malandri started off, again, sitting on
top of me, gyrating on top of me. Touching my chest,
touching my arms, touching my face, touching my head,
touching my legs.
Q Did she say anything to you while she -
25 A
She was asking me if I liked it. If I was having
166
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
a good time.
Q
Where was Ms. Rodriguez?
A
On the bed to my right.
Q
And what, if anything, was she doing?
A
She was touching my chest and my arms.
Q
And could you describe for the Judge how the
defendants were dressed during this period?
A They were dressed in lingerie attire, sort of a
bra top with a thong, matching panties.
Q Okay. Did you have a conversation with the
defendants during this dance?
A
During the dance, no.
Q
Okay. What, if anything, happened after the
dance?
A When the dance was over Ms. Malandri was sitting
on top of me. She asked me if I wanted her to keep going,
them to keeping going with another dance. At that point
I apologize, again, for the language. At that point I
leaned up and I told Ms. Malandri, "What I really want to do
is fuck you, Alexia.
Q When you say these words to Ms. Malandri where is
Ms. Rodriguez?
A She was also sitting on the bed next to me and
Ms. Malandri.
Q Okay.
And when you said that were you laughing at
167
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
all?
A No,
Q Were you giggling?
A No.
Q
And when you said this to Ms. Malandri what, if
anything, did Ms. Malandri said?
A
She smiled at me. She said, "I knew you were a
bad boy." She looked over to Falynn and she said, "Doesn't
he look so innocent"?
Q Were either defendants laughing when they -- when
you after -- subsequent to you saying the words that you
said -
MR. REED: I will clear the record a little
bit.
Q
When you said, "What I really want to do is fuck
you 'I, what, if anything did the defendant say?
-
A
She smiled at me, and she said, "I knew you were a
bad boy."
MR. MOSER: I just have an objection to the
form. Counsel -- ADA asked, "the defendants" and now
he's stating "the defendant," so they both can't be
saying it. So I don't know which one said what.
Q
Subsequent to your statement to the defendant
about you wanted to fuck them -
168
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Direct {Mr. Reed)
MS. AL-SHABAZZ: Objection. He didn't say he
wanted to fuck them both. His testimony is that he
told Alexia he wanted to fuck her.
Q Subsequent to you -
THE COURT: Go ahead. Sustained.
Q
Subsequent to you saying, "What I really want to
do is fuck you, Alexia," what, if anything, did Defendant
Malandri say to you?
A
She said, "I knew you were a bad boy." And she
looked over to Falynn and said, "Doesn't he look so
innocent."
Q What, if anything, did Ms. Rodriguez say to you?
A
"He looks like he likes to have a good time."
Q
And were they laughing at any time when they said
it?
A No.
Q Were you laughing?
A No, I
wasn't laughing.
Q What, if anything, happened next?
A After this I told them that I was staying at the
Hilton, which is what I told everyone that would ask where I
was staying at. That I was only there for a couple days.
After that, Ms. Malandri told me if I could do $5,000.
Q
Okay. And when she said, "Can you do $5,000,"
what did you take that to mean?
169
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A
That if I could give her $5,000, then I'll be able
to fuck her.
Q Okay.
And when she said, "Can you do __ II when
Ms. Malandri said, "Can you do $5,000," was she laughing in
anyway?
A No.
Q
Was she giggling?
A No.
Q
Where was Ms. Rodriguez at when she said this?
A
Also tting on the bed, to her left, my ght.
Q
And had you -- where was Ms. Malandri located?
A Sitting on top of me.
Q
Okay. Had their location relatively change at all
during this whole conversation?
A No.
Q
What about the noise condition had it changed?
A No.
Q Was she whispering?
A No, we were just in conversation.
Q What, if anything, did you do or say -- I'm sorry.
Strike that. What, if anything, did you say after she said,
"Can you do $5,000?"
A
I said, "For $5,000, I better be fucking the both
of you."
Q Okay. And did you say that to -- who did you say
170
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
C0148 - People - rect(Mr. Reed)
that to?
A
I said that to both females.
Q
Okay. And did you look at Ms. Malandri when you
said that?
A Yes.
Q
Did you look at Ms. Rodriguez when you
that?
A Yes.
Q And what, if anything, did Ms. Rodriguez respond?
A They both smiled. Ms. Malandri said, "We only
come together.
Q
Okay. What, if anything, did Ms. Rodriguez say?
A After Ms. Malandri said, "We only come together."
I said to I looked over to Falynn, and I said, "Falynn,
are you sure it's going to be you?"
THE COURT: Just for the record, who is
"Falynn"?
THE WITNESS: Oh, I'm sorry. Ms. Malandri
told me that her
end's name was Falynn, which is the
defendant, Falynn Rodriguez.
A At that point, when I looked over at Defendant
Rodriguez, and I said, "Falynn, are you sure it's going to
be you?" Falynn said, I'm the only one
tosses Alexia's
salad.
24 Q And when Ms. Rodriguez said, "I'm the only one
25 that tosses Alexia's s ad," what did you take this to mean?
171
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148
A
Meaning that she's the only one that participates
with Ms. Malandri when they do threesomes.
Q
And, specifically, "tossing salad," what does that
mean to you?
A
To me it means having oral sex with the anus.
Q
What, if anything, did you say after Ms. Rodriguez
said that?
MR. REED: Strike that, Your Honor.
Was Ms. Rodriguez laughing when she said, "I'm the
Q
only one that tosses Alexia's salad?
MR. MOSER: Objection.
A No.
Q
Was she grinning?
A No.
Q
How far away - had your positions changed at all
during this conversation?
A No.
Q
What about the noise level of the room you were
in?
A No.
Q
What, if anything, did you say after Ms. Rodriguez
said, "I'm the only one that tosses Alexia's salad?"
A
At that point I was speaking to both of them and
told them, "Well, I'm going to let you both know right now
I
172
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C0148 - For people - Direct (Mr. Reed)
that
11m
going to be tossing both your salads.
"
Q
And had your position changed when you said this?
A No.
Q And did you -- when you say that you said it to
"both of them" what do you mean?
A
As I said, I was looking back and forth at each
one of them.
Q
And what, if anything, did the defendants do after
you said that?
A
No, they were just smiling at me. They kept on
touching my chest, touching my arms.
Q
And what happened next?
A
I asked Ms. Malandri if she was a porn star, and
she stated, "Yes." I told them that I couldn't wait to fuck
both of them.
Q Who did you say that to?
A To both females.
Q
And, again, for the record, had your position
relative to the defendants change while you were on the bed,
in that room?
A No.
Q Okay.
A I asked -- I told Ms. Malandri to take my number
and to give me her number. She then stated, "No". She
25 couldn't take out her cell phone. She told me -
173
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2'0
2'1
22
23
24
MS. AL-SHABAZZ: I didn't hear that last
sentence.
THE COURT: Could you repeat.
A
She said she couldn't take out her cell phone.
I
then
she then told me to reach her through her website.
That I should send her an e-mail and that all her e-mails
went to her cell phone. Just to let her know who I was and
that she would get back to me right away.
Q And where was Ms
had your positions on the bed
change at all during this conversation, part of this
conversation?
A No, no.
Q
What about the noise level, had it changed at all?
A No.
MR. REED: One moment, Judge.
Q
What, if anything, happened after she told you to
reach her through the website -- after Ms. Malandri told you
to reach her through her website?
A After that she said to reach her through the
website, that all the e-mails would go directly to her cell
phone. That just to remind her who I was and that she would
get back to me as soon as she could.
I then got up, I thanked them for the dance.
Ms. Malandri asked me if I was sure I didn't want to go into
25 one of the private rooms to get a taste of tomorrow.
174
C0148
1
Q As part of your cover story, what company did you
2 say you worked for?
3 A I never said I worked for a specific company. I
4 just stated that I traded fferent types of fabrics.
5 Q
Did you - as part of your cover story, did you
6 indicate whether or not you were local or whether you
7
MS. AL-SHABAZZ: Objection leading. It's a
8 multiple question.
It's not a multiple choice
9 question?
10
MR. REED:
I will rephrase, Your Honor.
11
THE COURT: Sus ned.
12 Q
As part of your story, did you indicate your
13
location of where you lived to any of the patrons you met?
14 A Yes.
15
And what was that location?
Q
16 A
I told them that I lived in Mexico City, and that
17
I traveled to the U.S. frequently, to parts of Los Angeles,
18
New York, Chicago, and that I also frequent Europe.
19
Q And did you ever tell any of the patrons that you
20
met during your undercover operation -
21
MS. AL-SHABAZZ: Objection. Leading.
22
THE COURT: Finish the question.
23
Q Did you ever -
24
MR. REED:
You know, I'm going to st
ke the
question. 25
175
C0148 - For People - Direct (Mr, Reed)
1 Q Did you have a location of where you stayed while
2 you're in town as part of your story?
3 A Yes.
4 And what was that location? Q
5 The Hilton Hotel. A
6 Q Did you ever I the defendants that you stayed
7 at the Hilton Hotel?
8 A Yes.
9 Q When was this?
10 A Right after I told Alexia Ms. Malandri that I
11 wanted to fuck her.
12 Q
And why did you tell them that?
13 A
Just to let them know that I was staying nearby,
14 and, well, the Hilton, you know, it's a nice hotel, a classy
15 hotel like, you know -
16 Q When Ms. - when you told the defendants that you
17 better be having sex with both of them, did you ever
18 describe the location where that sexual intercourse was to
19 take place?
20 A No, not to ke place. I just told them that I
21 was staying at the hotel. I told them we could meet there
22
or we could meet wherever they wanted to meet.
23
Q And was there ever a speci c time that you
24 discussed with the defendants?
25
A We discussed about the next day.
176
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
MS. AL-SHABAZZ: Objection. I move to s
ke
that as non responsive. He asked him if there was a
specific time.
Q Was there a speci c date that you discussed with
the defendants?
MS. AL-SHABAZZ: I'm sorry. I would like an
answer to the question that he asked.
What was the first question? Was it time?
MR. REED: Yes, I'll stri
that, Your Honor.
Q
Was there a specific date that you discussed with
the defendants of where this sexual intercourse was to take
place?
A Yes, the next day.
Q
And where was this conversation held?
A On the bed.
Q And just to be clear, had your position changed
from the time that you discussed the amount that it was
going to cost to the time that you discussed the location of
where it was going to take place?
MR. REED: What's the objection?
MS. AL-SHABAZZ: It's too broad. What -- did
your position change? I don't know if that means s
physical position. I don't know if that means his
25
177
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
mental position.
MR. REED: Okay. I'll make it very clear.
MS. AL-SHABAZZ: Thank you.
Q Had your location on the bed that you -- had your
location, in this building, at 344 West 38th Street, change
between the time that you discussed with Ms. Malandri and
Ms. Rodriguez the amount that the sexual intercourse was
going to cost you, had that change to the time that you
discussed the location that the sexual intercourse was to
take place?
MS. AL-SHABAZZ: Objection. Now I'm just
confused.
A No.
A No.
Q
As part of your cover story, how wealthy did you
tell patrons that you met at clubs you were?
MS. AL-SHABAZZ: Objection. The facts are
not in evidence. The People have to establish first
that he told someone.
MR. REED: He did. He said he was a
wealthy -- we did establish it.
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
178
A
I never gave a specific amount of how much money I
was worth. I just told them -- I by the way I dressed
and the way I acted at the location, people knew I was
wealthy.
Q Did you ever discuss with the defendants your
cover story?
A Yes.
Q
And did you discuss with them where you worked?
A
Not where I worked. I just told them I travel a
lot.
Q Did you discuss the industry that you were in?
A I just told them that I was a businessman. I
don't recall if I told them that I sold fabrics.
Q
Now, as part of this operation, on the 20th, of
June 20th, of 2008, were you wearing a recording device?
A I don't believe so. I don't remember to be
honest.
Q
Did you record your conversation that you had with
the two defendants in anyway?
A No.
Q You never made a report?
A Oh, I made a report.
I didn't record it, like
meaning, tape recording.
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
179
Q Did you ever write a summary of the conversation
you had with these defendants?
A Yes.
And was this summary that you wrote, was it a
Q
verbatim summary?
A No.
Q And why not?
A If it was verbatim, I'm not a tape recorder. I
wouldn't be able to remember every specific detail of the
entire evening, of that entire night. The report would
properly be over hundred pages if I could do .that.
Q To your knowledge, on your report, did you write
down the location that you were to have sex with the
defendants?
A No.
Q What about the date that you were suppose to have
sex with the defendants?
A Yes.
Q Why didn't you write down the location?
A
Well, the location really didn't matter where we
were going to have sex. I tried to get the important facts
about the agreement, that we actually made an agreement for
$5,000. Where we were going to have sex I didn't write
down.
Q
Now, to your knowledge, was there a tape recording
180
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
made of your conversation with the defendants?
A No.
Q I'm approaching you with what's been premarked as
People's Exhibit 1 and 2 that are in evidence subject to
connection. It's the video. And just -- we'll get to the
DVDs in a minute.
MR. REED: Just one moment, Your Honor.
Q
Are you required to wear a Kel device during your
undercover operations?
MS. AL-SHABAZZ: Objection. I don't think he
ever testified he even knows what a Kel device is?
Q Do you know what a Kel device is?
A Yes.
Q What is a Kel device?
A A Kel device is a microphone that transmits sound
to a receiver that is usually kept with the field team.
Q And are you required to wear this device on every
operation that you go in?
A No.
Q What are some of the reasons why you wouldn't wear
a Kel device?
A Well, some reasons are that depending on the
location I could be searched; it could be found. Some of
the locations that I enter these Kel devices aren't modern
technology. They're ancient. They don't transmit the sound
181
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Direct (Mr. Reed) C0148 - For
as good as one may think. The locations I go,
where across the st from the receiver the sounds
sn't come through.
Q Okay. Are re any safety pre ions any
reasons why you don't wear that Kel device?
A Yes.
Q And what are those safety reasons?
A Well, if it's found, I'm going to get questioned
as to what this is? I could be assaulted. I could be
11
Q Are there any safety reasons why you wouldn't wear
a Kel device in a -- during an operation prostitution at
a strip club?
A Well, the -- in the strip c , some of the st
clubs play music, and these Kel devices are so -- they're
not they're not
equipment is not good, so the
sounds that may be transmitted from
music or other
conversations -- actual conversat between the two
between the undercover and the subject are just going to
distorted.
Q
To your knowledge, is it ea
for subjects to nd
Kels while you're at a strip club, at a prostitution
operation?
A It could be, yes.
Q And why is that?
182
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Well, the Kel device is worn throughout -- on the
body, and with these prostitution locations some places
search. Other times the females are going to be -- they
could be doing, as in this case, a dance on top of you.
They may feel the Kel device.
Q Now, I'm showing you what's been premarked in
evidence -- I mean premarked for identification as People's
Exhibit 1 and 2?
A Yes.
Q Do you recognize those?
A Yes.
Q And what are those?
A They are DVDs of the location.
Q Now, as specific to
Q
People's Exhibit 1, to your knowledge, what is
that?
A
Exhibit 1 -- are they labeled? Exhibit 1 -
Q
It's on the backside of the paper.
A
Yes, this is the short version.
Q
Okay. And People's Exhibit 2, what is that?
A
This is a full length version.
Q
And have you had an opportunity to observe the
materials that on that CD, People's Exhibit 1 and 2?
A Yes.
183
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For'People - Direct (Mr. Reed}
Q And what is it?
A
It's a video of the - well, the short version.
Q
People's Exhibit 1, what is that?
A
It's three clips of the location, and Exhibit 2 is
a long version of the entire location.
Q And how do you know that that's what that is?
A I've seen these videos before and I've been to the
location.
Q And when you saw -- when did you see those videos
last?
A
Last, I saw them yesterday.
Q Okay. And how do you know that those specific CDs
are the actual videos that you saw yesterday?
A
These CDs have my signature on it.
Q
Okay. On both, Exhibit 1 and 2?
A
Yes.
Q And on People's Exhibit 2, what is that again?
Could you just tell the Court what is that?
A This is the full length version of the video.
Q
And video from what date?
A
From the day of the search warrant.
Q
O k ~ y . And do you know what that date is?
A
I believe it's July 17th.
Q Of?
A Of 2008.
191
VOIR DIRE BY MS. AL-SHABAZZ
1
backwards. I think initially she had it that way, and
2
then it was switched around.
3
MS. AL-SHABAZZ: I think you're right, Judge.
4 DIRECT EXAMINATION
5 BY MR. REED (CONT'D.):
6 Q I'm approaching you with what's been premarked for
7 identi cation, People's Exhibit 3B.
8
THE COURT: 3A to E or
9
MR. REED: Just 3B and 3E.
10
THE COURT: Okay. Just let the attorneys
11 look at it, please.
12 MR. REED: Okay.
13
COURT OFFICER: People's 3B and 3E marked for
14
identification being shown to the witness.
15
(Whereupon, People's Identification
16
3B and 3E was published to the witness.)
17 Q
And also I'd like to show you what's been
18 premarked for identification, People's 3A.
19
COURT OFFICER: Also People's 3A marked for
20
21
(Whereupon, People IS Identification
22
3A was published to the jury.)
23 Q
Now, with respect to Exhibit 3A, what is that?
24 A
This is a picture from inside the location, of one
25 of the walls where there was a sign that was for the ATM at
192
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the location, where you were able to take out cash advances
up to $900, and also another sign of the prices of the VIP
rooms.
Q
And on June 20th, 2008, did you see that
particular sign?
A Yes, these signs were up.
MS. AL-SHABAZZ: I'm sorry.
(The record is read by the
reporter. )
/
(Back on the record. )
Q And is that picture of that sign a fair and
accurate reproduction of that sign as it appeared on
June 20th, 2008?
A Yes.
Q Moving along to People's E x h i b i ~ 3B -
MR. MOSER: I have an objection. 11m sorry.
I thought he was of ring it.
MS. AL-SHABAZZ: He didn't offer it.
Q People Exhibit 3B, what is that?
A
This is the entrance to the -- what I call the
main area, the main dance area. It's a picture of the table
that's in that little walkway. This table is where my
partner was leaning up against. I was across from this
table when I was talking to -- with Defendant Malandri and
Defendant Rodriguez.
193
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Q
And is that photograph, is that a fair and
accurate reproduction of the table as it appeared on June
20th, 2008?
A Yes.
MS. AL-SHABAZZ: Brief voir dire.
MR. REED: Excuse me?
MS. AL-SHABAZZ: I'm asking the Court, voir
dire.
MR. REED: Well, I'm not going to move in
I'm going to move them all in. I was going through
them. I'm moving along to 3E.
THE COURT: Okay. He hasn't moved them in
yet.
Q
Now 3E, what is that?
A
3E is the room where I had the -- where I made my
agreement with Defendant Malandri and Defendant Rodriguez.
This depicts a picture of the bed that we were on.
Q And is that the same bed that you saw, that you
were on, on June 20th, 2008?
A Yes.
Q
Is it a fair and accurate reproduction of that
room minus the extra people in the room, is it a fair and
accurate reproduction of the room -
MS. AL-SHABAZZ: Objection. Objection to the
People testifying about what's contained in the photo 25
194
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2
C0148 - For People
Direct (Mr. Reed)
that's there now, that wasn't there before. That needs
to come from the witness.
MR. REED: Okay.
Q
Is it fair and accurate reproduction of the room
as it appeared on June 20th, of 2008?
A
Yes. The police officer wasn't there though in
June, and neither were all these females sitting on the bed.
MR. REED: Your Honor, at this time, the
People move for 3A, 3B, and 3E to be moved into
evidence.
THE COURT: Any objection?
MS. AL-SHABAZZ: I have a brief voir dire on
3B and 3E.
VOIR DIRE
BY MS. AL-SHABAZZ:
Q
You said that in 3A I'm sorry. In , it was
the same bed. You don't know if that's the same bed, do
you?
A It's the same -- it looks like the same red sheet.
Q
Okay, but you don't know if that's the same bed?
A Same mattress
brand and headboard and name brand,
no. But it's the bed that -- where the bed was located on
June 20th, yes.
Q Okay. Is the lighting the same in that picture as
195
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
it was when you were there on June 20th?
A No.
Q
What's different?
A Well, the lights are on now. It's fully lit.
Q So it was -- was it significantlY more darker on
June 20th?
A
It was dimmer than it is here.
Q
Okay. What else is different about the photo?
A Well, you have all the females in bras and panties
sitting on this bed. On June 20th, it was just
Ms. Malandri, Ms. Rodriguez, and myself that was sitting on
the bed.
Q
Okay.
A
This officer -- well, this person with the NYPD
jacket wasn't in this room on June 20th.
MS. AL-SHABAZZ: Judge, may I approach the
witness because I can't see the photos he's talking
about.
THE COURT: Sure.
MS. AL-SHABAZZ: Thank you. I don't have my
glasses on.
Q
And that photo depicts which room?
A
The room that both defendants and I had our dance
in.
Q Okay. And now I'm going to 3B.
25
196
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. AL-SHABAZZ: May I approach, again?
THE COURT: Yes.
MS. AL-SHABAZZ: I just want to look at the
photo before I inquire.
Q
Okay. That desk, do you know what that is on top
of the desk?
A
It's a frame. A picture of what, no, I don't
know.
Q
It looks like there's a cup or something.
A
It looks likes a plate of food or a drink or
something.
Q That wasn't there on June 20th?
A No, that wasn't there.
MS. AL-SHABAZZ: Okay, all right. Other than
that, I have no objection.
MR. MOSER: Judge, I don't have any objection
to A and B. As to E, my only objection is, while it's
still from a short video, it's a very blurry photo.
You really can't see anything. You just can't see
anything. It's just blurry, but that's my only
objection.
THE COURT: All right, so noted. People's
A - 3A, Band E?
MR. REED: Yes, Your Honor.
THE COURT: Moved into evidence.
197
1
(People IS Exhibits 3A, 3B, and 3E
2
was received in evidence.)
3
COURT OFFICER: So marked.
4 DIRECT EXAMINATION
5 BY MR. REED (CONTID.)
6 Q
I just have a quick question about your - did you
7 consume any alcohol on June 20th, of 2008?
8 A Yes.
9 Q
How many drinks did you consume?
10 A Consumed?
Maybe one drink.
11
Q How many drinks did you buy?
12 A Just the first round. I gave the bartender, John,
13 $20, but John that evening, approximately, handed me four to
14 five drinks.
15 Q
And what happened to the - if you only consumed
16 one, what happened to the other five or four drinks?
17 A
New York City Department policy -
18
19
THE COURT: Overruled. I want to hear it.
20
Let me hear it.
21 A
Undercovers are allowed to consume a maximum of
22 two alcoh81 beverages during a tour. When we - when I
23 entered the location -
24
MS. AL-SHABAZZ: Judge, I'm going to object,
25 and I'm going to move to strike it as non responsive. He
198
C0148
For People - Direct (Mr. Reed}
1 asked him what happened to the other drinks.
2 THE COURT: Okay, so now in regard to what
3 you just told us about the policy of the two drinks or
4 less, in respect to June 20th, what happened with
5 regard to the number of drinks that were given to you
6 by John? I think you said he gave you over -
7
THE WITNESS: Four to five drinks,
8
approximately.
9
THE COURT: What happened to those?
10
THE WITNESS: The other drinks that I did not
11
consume, one of them I spilled on purpose, on that
12
table where the picture is, the table with the picture,
13
two drinks I left in the dance room, and another drink
14
or two I left in parts of that main area, in that main
15
dance room area.
16 Q
Were you intoxicated that night?
17 A No.
18
MR. REED: One moment, Judge.
19
Your Honor, just ah - could I have the
20
undercover just take us through the video, that being
21
People's Exhibit 1. It's a short video.
22
THE COURT: And then we're going to end this
23
for lunch.
24
MR. STRAZZULLO: Your Honor, I just want to
state that I canceled my engagement, so we can -- so
25
199
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
would it be okay to start back here at 2:30 -
THE COURT: That's fine.
MR. STRAZZULLO: So we can just
nish.
THE COURT: All right. See you after lunch.
(Whereupon, there is a luncheon
recess taken and the case adjourned to 2:30
p.m. )
AFT ERN 0 0 N S E S S ION
MR. REED: Your Honor, I just want to bring
it to the Court's attention that the undercover based
on
we thought that we would be done by 3 o'clock
today, and I just learned this over the break, he
has -- he made certain arrangements to be with his
child this afternoon. He has to be gone between 4:00
and 4:30.
THE COURT: Okay.
COURT OFFICER: You're reminded that you're
still under oath.
DIRECT EXAMINATION
BY MR. REED: (Cont'd.)
Q
Good afternoon. Just to clear one thing up. Are
you aware of an audio recording made of the conversations
200
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that you had with the defendants on the night in question?
A No.
Q Is there a recording of that?
MR. REED: Your Honor, at this time, I'd like
to play the video and have the undercover direct us
through it.
THE COURT: Okay.
(Whereupon video is played.)
Q
What is this room?
A These are the private rooms where I -- where the
defendants told me it's $300 for 15 minutes.
Q What's this room?
A
This is the room where the defendants and I had
made our agreement.
Q And the agreement -- which agreement?
A
For sex in exchange for money.
Q
Which agreement? The one for $300 or the one -
A The one for $5,000.
Q
Okay. And where -- do you see the place where you
were located in this room when you made that agreement?
A It's going to come up in a second. As you enter
the room, this is the room that you enter.
Q
And just for expediency, if you see something that
y o u ' v ~ testified to that you see on the video, please -
201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A
These are the couches that other male patrons were
having dances with the females.
Q
And what is this room?
A
That's the red bed where we made our agreement for
$5,000.
That would be the small - if I could get up. This
would be the small table over here where I placed my drink
down. At the end of couch is where I put my jacket down.
Now, this area right here, where all these females are
sitting, that's the bed.
MS. AL-SHABAZZ: Holla.
A
These are just couches along side the wall where
the females would have their dances with the male patrons.
Q
And what is this?
A
This is the countertop where they kept all the
tissues and baby wipes. It's all one big room. It just has
a little divi on there. That far back, that's the entrance
to that big room. To the left would be the entrance to
the
Q Wait until it's comes up.
A Oh, I'm sorry.
Q Now, what's this?
A
These are the private so-called bedrooms that they
have at the Hot Lap Dance. This is where Ms. Malandri told
me that it was $300 for 15 minutes. This is where she said
we could get naked and touch ourselves at. No one would be
202
C0148
For People
Direct (Mr. Reed)
1 able to see, and these are just boxes of tissues and new bed
2 sheets.
3 Q And what's this room?
4 A
Same - it's one long room that's divided by
5
two-by-fours and curtains into little rooms.
6 Q Okay.
7 A
Same, more tissues and baby wipes.
8
Q Do you recognize this room?
9 A
This is towards the back, in the of ceo
10 Q
Okay. What is this?
11 A
One of the females at the club, I don't know her
12 name, she would walk around with a ciip board with a list of
13 females.
14 Q All right?
15
16
Q
Just back to the conversation that you said
17 when you had a conversation with Ms. Malandri or the
18 defendants about the $300 in exchange to touch each other
19
MR. MOSER: Objection. He said, "Ms.
20
Malandri or the defendants".
21
THE COURT: Rephrase.
22 Q Directing your attention to the con,versation that
23 you had that was for the interaction that was to take place
24 in one of those private rooms, what was the - what was the
25 agreed upon amount of money that was to be exchanged between
203
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
you and the defendants?
A $300.
Q
And what was that $300 for?
A
For 15 minutes of getting naked and touching each
other.
Q Okay.
I have no further questions for this witness.
MS. AL-SHABAZZ: May I inquire?
THE COURT: One second.
Go ahead. You can begin.
CROSS-EXAMINATION
BY MS. AL-SHABAZZ:
Q
Good afternoon, detective.
A Good afternoon.
Q Okay. Just to refresh your memory, my name is
Ikiesha AI-Shabazz. I represent Ms. Malandri. I'm going to
ask you a few questions. If I ask you a question that's
confusing, just let me know. I'll rephrase it for you,
okay? And if I go to fast, because I have a tendency to do
that, please tell me to slow down, okay?
A Okay.
Q
Okay. So you attended a tactical plan meeting,
right, on June 20th?
A On June 19th.
25
204
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
On June 19th, you attended a tactical plan
meeting?
A Yes.
Q
And at the meeting you were given an assignment,
right?
A Yes.
Q
You were going to be the undercover with respect
to this prostitution investigation, right?
A
We were both the undercovers.
Q
Now, I'm asking you about you. You were going to
be an undercover with respect to this assignment, right?
A
Yes, I was one of the undercovers.
Q
You were one of the undercovers. And you were
playing a dual role. You were the primary and you also were
a ghost, right?
A Correct.
Q
Okay. So at the tactical meeting there came a
time where -- you're familiar with the term "tact up,"
right?
A Yes.
Q And you tacked up?
A Yes.
Q What does that mean?
A Tact up?
Q Yeah, tact up.
205
C0148 - For People - Cross{Ms. AI-Shabazz)
1 A Get your gear ready. Get your stuff ready. We're
2 going out.
3 Q
"Get your gear ready," right?
4 A Yes.
5
Q
And that gear included radios, right?
6 A Correct.
7 Q
And as an undercover it's included Kel devices,
8 right?
9
A It could.
10 Q I'm not talking about could have been, detective.
lIOn June 19th, when you tacked up, did you have a Kel device?
12 A That's my decision if I want to enter a location
13 without my -
MS. AL-SHABAZZ: Objection. Move to strike,
14
15
non responsive.
16 Q
Did you have a Kel device?
17
THE COURT: Can I rule?
18
MS. AL-SHABAZZ: I'm sorry, Judge. I'm
19
sorry. I'm sorry.
20
THE COURT: Move to s ike, sustained. Go
21 ahead.
22 Q
Did you have a Kel device on June 19th?
23 A There was a Kel device.
24 Q Did you have - it's not a difficult question.
25 Did you have one, not if there'S was one around? Did you
206
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Cross(Ms. AI-Shabazz}
have one?
A There was a Kel, yes.
MS. AL-SHABAZZ: Judge, I'm going to ask the
Court to instruct the witness to answer my question.
THE COURT: Did you, officer, have the Kel?
THE WITNESS: Did I personally have the Kel,
I don't recall.
Q
Okay. You don't remember if you had a Kel device,
right?
MR. REED: Objection, Your Honor. He's
answered this question on the record.
THE COURT: Asked and answered. Move on.
Q
Is there any documents that you filled out with
respect to what equipment you were given at the tact
meeting?
A I'm sure there's -- upon the tact plan, there
should be equipment that was issued for that night.
Q Okay. Have you had a chance to look at the tact
plan?
A Not recently, no.
Q Would that refresh you're recollection as to
whether or not
MR. REED: Objection. There's been no
evidence that this undercover filled out this tact
plan. He's not the right person to confront -
207
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C0148 - For People - Cross (Ms. Al-Shabazz)
THE COURT: Well, let's see if it refreshes
his recollection. Overruled.
MS. AL-SHABAZZ: Just for the record, you can
refresh recollection with anything. Anything in the
world,
Do I have to have it premarked, Your Honor,
or can we just use it?
THE COURT: Just in case. I guess this will
be B?
MS. AL-SHABAZZ: Yes, Defense's B.
THE COURT: Defense B.
COURT OFFICER: Defense's B marked for
identification is being shown to the witness.
(Whereupon, Defendant's Exhibit B was
published to the witness.)
(Back on the record.)
Q Detective, I'm just going to ask you to look at
that and tell me if that refreshes your recollection at all,
about whether or not you personally had a Kel device that
evening?
THE COURT: Just review it and tell me if
you're ready to answer the question.
(Whereupon the detective reviewed document.)
25 A
On which date are you referring to?
208
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
At the tact plan meeting, on July 19th, into
Q
June 20th, with respect to this investigation?
A You mean June 19th?
Q
June 19th. I'm sorry. Did I say, July. I
apologize.
A
This says "July 16th."
Q I'm sorry.
A This says, "July 16th.
MS. AL-SHABAZZ: Okay. Is there another tact
plan meeting form cause I don't have it.
THE COURT: Well, do you recall when you had
the tact plan?
Q
They tacted up for the search warrant, right?
A That's for the search warrant.
Q Okay. So you tacted up for this inves
gat ion on
June 19th, right?
A Yes.
MS. AL-SHABAZZ: I don't think we have that
in our Rosario.
MR. REED: You should.
MS. AL-SHABAZZ: We have the tact plan for
the search warrant execution, but we don't have the
tact plan for the June 19th into the 20th.
MR. REED: Okay. Here's the tact plan for -
I'm almost positive that I turned this over.
209
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE COURT: All right. Give them a moment to
look it over.
MS. AL-SHABAZZ: This is good. So can we
change the markings and have this be Defense B instead?
THE COURT: Yes.
COURT OFFICER: Defense's B marked for
MS. AL-SBABAZZ: If you would just take a
moment to look at that.
(Whereupon the detective reviews the
document.)
THE WITNESS: Okay.
Q
Okay. Does that refresh your recollection at all
as to whether or not you had a Kel device?
A It refreshed my recollection that there was a Kel
issued for that evening.
Q
Okay. It was issued to you?
A No, not to me personally.
Q It wasn't issued to you, but there was a Kel
issued to someone?
A
There was a Kel issued here on the tact plan.
Q
Okay. Do you know who that Kel device was issued
to?
210
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A
No,
It would be issued to an undercover?
Q
A
To an undercover, yes.
To an undercover. And there were only two
Q
undercovers that evening, right, at -
A Correct.
Q
You, right?
A Correct.
Q
And the ghost?
A Correct.
Q Now, you -- this conversation that you testified
on direct about, you said you didn't recall if it was
recorded, ght?
A No. I said that I didn't record it audibly.
made a reporting of it on my DDS.
Q
Okay. When you testified on direct examination,
when the People asked you if there was an audio recording,
you recall your answer was, "I don't recall".
A
For an audio recording?
Q
If you recorded this conversation?
A
I think the question was, was there a recording
made.
Q
I'm not asking you about the question, detective.
THE COURT: Well, what did you think the
question was?
I
211
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE WITNESS: I thought the question was, was
there a recording, meaning an audio recording. I said,
"No."
Q
And at one point you said you don't recall?
A
I don't remember that.
Q
Okay, all right. So there's no recording of this
conversation, right?
A No.
Q All right.
Now, you said, typically, in these
types of investigations you wouldn't wear a kel device
because it's easily discoverable, right?
A Correct.
Q
Because the women are feeling on your body, right?
A Correct.
Q
And they could discover the wire?
A
Security, women.
Q
And it would be a problem if your cover would be
blown?
A Correct.
Q
And you said that audio sometimes is not -- the
quality is not good, right?
A Yes.
Now, you had been to this location on two prior
Q
occasions, right?
A Correct.
212
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q Did you wear a Kel device on those occasions?
A
I think I did wear one on the first occasion.
Q Okay. And were you able to hear any of the
conversations that you had?
A
I'm not in the van with the receiver. I wouldn't
know.
Q
Okay. Did you ever have a conversation with
anybody from your team?
A
My supervisor said the sound was not coming
through.
Q That no sound was coming through?
A
No, it's just distortion.
Q
Okay. Do you have access to any video cameras?
A
Do I have access to video cameras?
Q
Yes. As an undercover, from your command, do you
have access to video cameras?
A
We have access to cameras that are small enough
that we could carry.
Q
Do you have like pin hole cameras that can fit in
like a button hole, something like that?
A Possibly, yes.
Q
You have those, right?
A Yes.
Q
And those were available to you that day, right?
A I don't know.
213
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People
Cross (Ms. AI-Shabazz)
Q You didn't try to get one?
A No.
Q
Okay. So all we have to rely on is your word,
right?
A Yes.
Q Okay. Nothing else?
A No.
Q
When this conversation was happening were you
taking notes?
A No.
Q
Okay. How long were you with Ms. Malandri and
Ms. Rodriguez in totality?
A In total?
Q In total?
A
Maybe, approximately, 30 minutes.
Q Approximately 30?
A 40.
Q I'm sorry?
A
30 to 40 minutes, approximately.
Q
Okay. So let's go over the 30 to 40 minutes. You
say after the tact meeting you left, right?
A Correct.
Q You left the command?
A Yes.
Q You go to the set-up location, right?
214
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Yes.
Q
And then you wait in your car?
A Correct.
Q And you wait until you get the green light to
step, right?
A Correct.
Q And you get that green light to step from your
supervisor, ght?
A Yes.
Q
Okay. So then you get the green light to step and
you go to the location, right?
A Yes.
Q
What time did you get to the set-up location?
A
Approximately 12:20, 12:25.
Q
Okay. So it's only five minutes away, the target
location from the set-up location?
A I go straight to the vicinity, to the location.
The team goes to the set-up location. Where was that, I
don't know.
Q Okay.
So you never set up?
A
No, I don't go to that location. My meeting is at
the tact meeting. I don't want to -- I don't go near -- on
the street with the cops and with the raid jackets.
Q
Okay, but you waited somewhere, right?
A Yes.
215
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q Where was that?
A On Ninth Avenue.
Q
Okay. Well, we don't have to call it "set-up
location," but you waited somewhere before you got the green
light to step, right?
A Yes.
Q Okay. So wherever you were waiting was only about
five minutes away from the location you were going, right?
A If that much, yes.
Q
Okay. And you said you got there around 12:30 in
the morning?
A Yes.
Q
And as soon as you got there you went straight to
the bar, right?
A
We went to the main area, looked around, and then
went to the bar.
Q And then you went to the bar.
And when you got to
the bar you met with John, right?
A Correct.
Q
And John, he offered you a drink, right?
A Yes.
Q And you said he gave you a drink that consisted of
Vodka and Red Bull?
A Correct.
Q
Did you see John make that drink?
216
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Yes.
Q
Okay. And you had a drink as well as the ghost?
A Correct.
Q
And you drank that drink?
A No.
Q Okay. Did you sip from it?
A Yes.
Q
You did sip from it?
A Yes.
Q How much of it did you drink?
A Not even a quarter of the glass.
Q
Okay. NOw, you said -- withdrawn. Over the
course of time that you were there, you had about four or
five drinks, correct?
A Correct?
Q Okay. And you're dressed how?
A In a suit.
Q In a suit.
A Tie.
Q I'm sorry.
A And tie.
Q Suit and tie because you want people to believe
that you're a wealthy businessman, right?
A Correct.
Q And you're playing a role, right?
217
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
A Yes.
Q You're playing a role?
A Yes.
Q
Okay. I just want you to keep your voice up for
the reporter, and so I can hear your response, okay? And
when you have those drinks, you have to sip them, right?
A No, I don't.
Q
Well, you know, you want to blend, don't you?
A
Correct, but I don't have to sip them.
Q But you do?
A Not all the drinks, no.
Q Okay. Let's talk about the drinks that you did
sip. How many of them did you sip?
A Maybe two.
Q Just two?
A Yes.
Q
And the other drinks you just walked around with?
A Correct.
Q
Okay. You didn't sip them at all?
A No.
Q Okay. How many girls were there when you got to
22 the location at 12:30?
23 A
I observed approximately 20-30 girls.
24 Q
And there were patrons there, right?
25 A Yes.
218
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q There were men?
A Yes.
Q
And the girls - some girls were performing dances
for some of the men?
A Not in this main room,
no.
Q But in other rooms?
A Yes.
Q
Okay. In the main room girls were just talking to
other men?
A Correct.
Q And in the other rooms they were performing the
actual dances?
A Yes.
Q
Well, you didn't see anyone having actual sexual
intercourse, did you?
A No.
Q
No. There was no sex going on?
A Not that I saw.
Q Okay. Based on your observations you didn't see
anyone having sexual intercourse, right?
A
Not in the open, no.
And you described sexual intercourse as oral sex,
Q
right?
A Yes.
Q
Anal sex?
219
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Yes.
Q You s d masturbation?
A Yes.
Q
That's sexual intercourse?
A
That's a form of sexual gratification, yes.
Q
Okay. Let me just -- is that sexual intercourse
to you?
MR. REED: Objection, Your Honor. I believe
under the law
Q
A
Q
A
Q
help of
THE COURT: Overruled. She's asking him.
Is masturbation sexual intercourse to you?
As I tend to see it, yes.
It is?
Yes.
Someone who is pleasuring themselves without the
another person -
MR. REED: Objection, Your Honor. We all
know what masturbation is.
THE COURT: Let her put this stuff on the
record. Maybe some of us don't know.
Q
Someone who is pleasuring themselves that's sexual
intercourse to you?
A
That's masturbation. Someone who is masturbating
somebody else, that's a form of sexual gratification.
Q
Okay. So let us be clear. You tell us what your
220
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
definition is of masturbation?
MR. REED: Objection, Your Honor. I don't
see the relevancy of masturbation as
relates to the
charges against these two defendants.
A Repeat the qpestion, please.
Q Could you tell us what your definition is of
masturbation?
A Sexually gratifying yourself or being sexually
gratified by somebody else.
Q Okay. So if you're nsexually gratifying
yourself," would you deem that to be sexual intercourse?
A Intercourse is -- I would see it as for two
people.
Q
Okay. Would that be a no?
A So that's a no.
Q
Okay, thank you, detective. Okay.
Now, when you get to the location the lighting is
dim, right? The lighting was low?
A Where?
Q
In the area? In the Hot Lap Dance Club?
A
Which area? It's a big place.
Q All of them?
A No.
Q
Okay. Tell us what the lighting was like?
221
1 A The lighting is - it's not as bright as this,
2 maybe slightly dimmer, than this. The main area is lit up.
3 The room where I entered to have the dances are dimmer,
4 slightly dimmer than this.
5 Q
And there's music playing?
6 A
There's music playing.
7 Q
Alcohol being served?
8 A Yes.
9 Q A certain ambiance in the location?
10 A Yes.
11 Q
Okay. And you're attracted to women, correct?
12 A Yes.
13
MR. REED: Objection. Objection, Your Honor.
14
Relevancy to that question.
15
MS. AL-SHABAZZ: I'm getting to it.
16
THE COURT: Well, overruled.
17
Q Okay. So now you say you have a dance. The
rst
18
dance that you have with Ms. Malandri and Ms. Rodriguez.
19
You say you went to a room where there was a bed, correct?
20 A Yes.
21 Q And they were both dressed how?
22 A In lingerie attire.
23 Q
In lingerie. Could you tell us, specifically,
24 what they were wearing?
A It was like a bra top with panties, thongs.
25
222
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
Ms. Malandri had on a bra top?
A
One of those -- it looked like a halter top.
mean, I don't know the exact term for it. That's what
lingerie.
Q Okay. You don't know the exact term for whether
it was a bra or whether it was a full corset?
A
Yes, I don't know the exact term.
Okay. Could you describe what you saw?
Q
A
It was a bra with -- that connected with something
else, and like a thong bottom, stockings with the straps.
Q And you said that the bra and the thoDg matched,
right?
A Yes.
Q
You noticed that?
A Yes.
Q
And you said you laid down on the bed, correct?
A Correct.
Q
And you took your jacket off?
A Yes.
Q
There was no talk about sex at all at this point,
correct?
A Correct.
Q
Okay. And then they proceeded to dance for you,
correct?
A Yes.
223
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Q
And you said Ms. Malandri straddled you, right?
A Yes.
Q And she had on a thong at that time?
A Yes.
Q
Okay. And Ms -- you say Ms. Rodriguez was right
next to her?
A Yes.
Q And how long did they dance for?
A One song which is approximately three minutes.
Q Okay.
A Two to three minutes.
Q Two to three minutes. Then after that -
withdrawn. During the time that they were dancing, there
was no conversation, right?
A
They were just telling me if I'd liked it.
Q
Right, but there was no conversation, right?
A No.
Q Okay. And then after that dance was over, you
left them, right?
A
They asked me if I wanted to have another dance.
Q And you said, "No, thank you?"
A No.
Q
Right. Then you we?t over to John, right?
A Correct.
Q
And you talked to John about Ms. Malandri, right?
25
224
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Yes.
Q
And you asked -- and you told John you wanted to
fuck her, right?
A Yes.
Q
You were the first person who introduced sex into
any conversation, right?
A Yes.
Q You were the
rst one?
A Yes.
Q
And John said to you, "I don't really know her,"
correct?
A Yes.
Q
Okay. He didn't say, "I could hook you up with
Ms. Malandri," did he?
A He said he was
going to talk to her.
Q
Okay. But he said he didn't know you, right?
A No, he knew me.
Q
I'm sorry. He said he didn't know Ms. Malandri,
right?
A
He said he didn't know her as well as he knew the
other girls.
Q
And, again, he didn't say, "I could hook you up,"
right?
A
He said that he would speak to her.
Q
Okay. I'm not asking you -- I'm asking you if he
225
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
said to you -
A Those words, no, he did not say that.
Q He didn't say that, right? And when he said,
"I'll speak to her," that's all he said,
ght?
A Yes.
Q Okay. And you weren't privy to the conversation
that you claim you saw them have with John, right?
A No.
Q
You didn't hear what they were saying, right?
A No.
Q Now, when you were having this first dance that
lasted two or three minutes, correct?
A Yes.
Q
You were aroused, right?
MR. REED: Objection.
A No.
Q
No? You didn't get an erection?
A No.
Q So, detective, you're telling us that two women
scantily clad, straddling you on a bed for three minutes,
your dick didn't get hard?
MR. REED: Objection, Your Honor. There's no
226
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
relevancy to that question.
MS. AL-SHABAZZ: It goes to credibility, Your
Honor.
MR. REED: How is it credible? How does it
add to his credibility?
MS. AL-SHABAZZ: And I apologize for the
language.
Q
Your penis didn't get erect?
MR. REED: Same objection.
THE COURT: It's that type of case.
Overruled.
A No.
Q Okay. Now, after you carne back for the second
dance, approximately, how many drinks have you had by this
time?
A
I did not have one full drink that night.
Q
Okay. Well, what drink were you on that you
didn't drink?
A I don't know.
It could have been the third.
Q
Okay. You don't know which drink you were on,
right?
A No.
Q
And the drinks were just being sent to you, right?
A
No, I would get them at the bar.
227
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
. 24
25
C0148 - For People ~ Cross (Ms. Al-Shabazz)
Q
Oh, you were going to buy the drinks?
A
I was going back to the bar to John, and he would
give me drinks.
Q
And he was giving you those drinks for free?
A Correct.
Q
But you had at least a quarter of one drink,
right?
A Correct.
Q
Were you feeling buzz, detective?
A No.
Q
Not at all?
A No.
Q
The drink didn't affect you at all?
A No.
Q And you were sipping on one or two other drinks?
It didn't affect you at all?
A No.
Q Did you always order Vodka and Red Bull?
A That evening?
Q
Is there any other evening I should be asking you
about?
A
Well, I was there on two prior occasions.
Q
Okay. Well, we're talking about these evening.
A That's all I ordered.
Q That's all you had was Vodka and Red Bull?
228
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C0148 - For People - Cross{Ms. AI-Shabazz)
A Yes.
Q So now, you have a conversation -- now, I'm going
to the second time that you talked to Ms. Malandri. You say
Ms. Malandri suggested that you go to a more private room,
right?
A Yes.
Q
You never went to that room, right?
A No.
Q Okay. And you said she said, "We can get all
naked and touch each other," right?
A Correct.
Q
Isn't it a fact that Ms. Malandri never said that?
A
She did say that.
Q And isn't it a fact that you were the one who
suggested that they that you fuck them, right?
A I said, "I'd like to fuck you".
Q Before you said, "I want to fuck you," they never
introduced sex into the conversation, right?
A Not with me.
Q
Okay. We're only talking about you, detective.
We're only talking about you, okay? They never introduced
sex into the conversation, right?
A No.
Q
They never told you, "Hey, we're a team," right?
25
A No.
229
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q That was your language, right?
You said, "You two
make a good team," right?
A Yes.
Q
And you said you wanted to fuck them, right?
A Correct.
Q
They never said to you, "Hey, you can fuck us,"
right?
A
Or deny it, no. They never said no either.
Q
1 right. But they never said - they never
initiated that conversation, ght?
A No.
MR. REED: I object, Your Honor. He's the
one that initiated the sexual contact.
THE COURT: Asked and answer, okay. Move on.
Q So you solicited the sex, right?
MR. REED: Objection, Your Honor. Same
objection.
Q
And it was you who suggested that you pay $5,000,
right?
MR. REED: Objection. Withdrawn.
A No.
Q
It was you who said, "I'll pay you $5,000 to fuck
you both," right?
184
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
And does the material on that video, does it
accurately - fairly and accurately depict the way that the
Hot Lap Dance Club was displayed on June 20th, of 2008, the
night that you entered it?
A Yes.
Q
And for People's Exhibit 2, what is that?
A
Exhibit 2 is the full length video of what
Q
People's Exhibit 2, what is that?
A
Exhibit 2 is the full length video of the
location.
Q Okay.
MS. AL-SHABAZZ: I think we did 2 already.
THE WITNESS: Exhibit 2 is the full length
video of the location.
MR. REED: Okay.
THE COURT: No. Is 1 the long, 2 the short.
MS. AL-SHABAZZ: He said 1 was the clip, two
was the long version. That is what the witness said.
MR. REED: We have 1 as the short one, and
two as the long one.
MS. AL-SHABAZZ: Okay. That's what I have.
THE COURT: Is that what you I have?
MS. AL-SHABAZZ: Yes.
THE COURT: Then I have it's backwards.
MR. REED: Your Honor, at this time the
185
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
People move for People's Exhibit 1 to be introduced
into evidence.
MS. AL-SHABAZZ: I have to object because
don't believe the witness ever said that he saw it, and
what he saw fairly and accurately depicted what he saw
on June 20th.
MR. REED: That was my last ques on.
MS. AL-SHABAZZ: No, it wasn't.
MR. REED: The court reporter can read
back.
MS. AL-SHABAZZ: I didn't hear that at all.
THE COURT: No, I heard you use -- you used
the word "displayed," in fact, but just for record,
read it back.
(Whereupon the record is read by the
reporter.)
Q Just for clarification, this is -- I know.
getting a little bit confused myself?
THE COURT: Take your time. Take your time.
Q This is the short video we're talking about,
right, People's Exhibit I?
A
Exhibit 1 is the short video.
Q Okay.
MR. MOSER: Judge, may I inquire?
186
C0148 - For People -
rect(Mr. Reed)
1 THE COURT: Yes, you may.
2 VOIR DIRE EXAMINATION
3 BY MR, MOSER:
4 Q
We're just talking about the short video now,
5 correct, detective?
6 A Yes.
7 Q
Okay. On this short video, it shows various rooms
8 at the club, correct?
9
A There's three clips on the video.
10
Q Okay. And those three clips are of what?
11
A Of the location, the Hot Lap Dance location.
12 Q These are three separate clips in the short video,
13 correct?
14 A Yes.
15 Q And the first clip shows what, specifically?
16 A Well, I would have to turn the video on to be
17 specific and tell you what the first clip shows.
18 Q
Let me make it easier. These three separates
19 clips, were you did you see and go into these three
20 separates clips on June 20th, 2008?
21 A They weren't -
22
MR. REED: I'm going to object to that,
23
Judge. He couldn't have gone - you mean the room?
24
MR. MOSER: I'll rephrase, okay.
25 Q
There were rooms on the short version of the
187
VOIR DIRE BY MR. MOSER
1 video, correct?
2 A Yes.
3
Q And on June 20th, of 2008, did you go into each of
4
the rooms that are shown on the short video?
5
A I would have to see the video again to refresh my
6 memory.
7
THE COURT: Well, my question is this, when
8
you viewed the video was there anything on the short
9
clip that you did not see on June 20th?
10
THE WITNESS: No.
11
THE COURT: Okay.
12
MS. AL-SHABAZZ: Can I have a brief voir
13 dire?
14 THE COURT: Yes.
15 VOIR DIRE EXAMINATION
16 BY MS. AL-SHABAZZ:
17 Q
You say you saw the video just yesterday, right?
18 A No, I said I saw them yesterday also.
19 Q
Okay, and when did you see them prior to
20 yesterday?
21 A Several times before that.
22 Q Do you know when?
23 A The exact dates, no.
24 Q
Okay. And you said you recognized them cause your
25 signature is on the DVDs?
188
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Correct.
Q
When did you place your signature on the DVDs?
A Yesterday.
Q
Prior to that your signature had not appeared on
the DVDs?
A No.
Q
So just yesterday you put your signature on the
DVDs?
A Yes.
Q
Okay. And you watched both -- what's contained in
People's 1 and in People's 2, correct?
A Correct.
Q
And they are exactly the same except -- withdrawn.
The clips are exactly the same as the long video?
A
They're excerpts from the long video.
Q
Excerpts. So they are exactly the same?
A I believe so, yes.
Q You watched them, right?
A Yes.
Q
Are they exactly the same or not?
A
They are part -- they're from that full version
video, yes.
Q
Okay. Now, were you present when the video was
taken on July 17th?
A Yes, I was present.
189
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q You were present there at the time? Were you
present when the person was actually filming?
A
At some time, yes, I was.
Q Did you direct him as to what to film?
A No.
Q Okay. And when you watched the video, the places
that are depicted, are those the places that you were in on
June 20th, with respect to these two defendants?
A Some of the locations, yes.
Q Okay. So there are some locations that are not
that you were in that have nothing to do with this case?
A
There were .some of the locations that I could not
enter.
Q Okay. And what locations are those?
A
Some of locations are like offices.
Q
And are those depicted on People's 1 and 2?
A
I know they are in the full version, yes.
Q Okay?
Judge, I'm going to object on two grounds.
First, I think it's duplicative, and the People should
pick the best evidence. They have exactly the same
evidence and are trying to put in two things that show
exactly the same thing.
And, secondly, he's testified that there are
190
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
images on the video that he didn't enter into or have
anything to do with the June 20th incident, so they
would be irrelevant to this Court, and I would object
to them being admitted into evidence.
Again, I asked the officer, specifically,
about the short version. Did you see everything is
the office -- are the ces the rooms that you did
not have access to on June 20th; is that on the short
version?
THE WITNESS: I don't believe so, no.
MS. AL-SHABAZZ: So then I would object to
the long version since -- as opposed to the -
THE COURT: Off the record.
held off the record among the Court, defense
counsel and the assistant district attorney.)
MR. REED: Your Honor, at this time we renew
our motion to move People's Exhibit 1, the short video
into evidence.
MS. AL-SHABAZZ: I have no objection to that.
THE COURT: All right. So moved, People's 2.
I mean People's 1. I keep -- in my head, I wrote it
230
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A No.
Q
Ms, Malandri never suggested that you pay $5,000,
right?
A Yes, she did,
Q In fact the rates for the dances, they're listed
on the wall, right?
A Correct.
Q
And the rates for the private rooms those are also
listed on the wall, right?
A Yes.
Q And none of those rates touch $5,000; is that
correct?
A Not the rates on the wall, not for having sex.
Q Right. Now, you said that during this
conversation there was an agreement, right?
A Yes.
Q
All right. You say you told them that you were
staying at the Hilton?
A Correct.
Q
And that there was an agreement that they would
meet you there the next day?
A No, we didn't agree to meet anywhere. I agreed to
have sex with them the next day. I told them I was staying
at the Hilton.
25
Q
Did you tell them which Hilton you were staying
231
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
at?
A
I said the one that's not too far away.
Q
And which one would that have been?
A
There's one on Sixth Avenue -
Q
Was that the one you were referring to?
A And 53rd, yes.
Q
You're not sure about where the Hilton is, are
you?
A Sixth Avenue and 53rd.
MR. REED: Objection, Your Honor. What's the
relevancy of his knowledge of the location of the
Hilton? We - on direct he stated that he told the
defendants that he was staying at the Hilton. I don't
think -
Q
And you never told them which Hilton you were
staying in, right? Just that you were at a Hilton nearby?
A Correct.
Q
And you never told them what room you were in?
A No.
Q
Did you ever give them you fake fabricator name?
A I told them my name.
Q Which is?
Q
What name did you give?
232
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
MS. AL-SHABAZZ: It's got to
relevant. He
told them at the time he's pretending to be somebody
he's not?
MR. REED: Your Honor, I think -- well, I'll
withdraw that.
A The name on the file is Ricky.
Q You told them your name was Ricky?
A Correct.
Q Did you give them a last name?
A I don't believe I did, no.
Q Now, this report that you wrote -- you wrote this
when? When did you write this report?
A After leaving the location, when we got back to
the office.
Q
And, approximately, how much time had passed
between when you were at the club and when you wrote this
report?
A
Maybe 25 minutes to 35 minutes.
Q
And while you were having these conversations you
weren't taking notes?
A Just mental notes.
Q So these notes -- so this report lS based on your
memory, right?
25 A Correct.
233
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18:
19
20
21
22
23
24
25
Q Your recollection?
A Yes.
Q After you had been drinking, yes?
A After I had less than a quarter of a drink, yes.
Q I didn't ask you how much. I said after you had
been drinking.
MR. REED: Objection, Your Honor. I think
she'd have to define drinking to the undercover.
Q
After you had been drinking some alcohol?
A Yes.
Q
Thank you.
Q
And you say this is a summary, right?
A Correct.
Q
It's not everything that happened that night,
right?
A It's not verbatim.
Q
You just put the important details in, right?
A
I put in what I thought was important, right.
Q
Right. And you didn't think it was important that
part of your agreement involved going to the Hilton?
A No.
Q
Okay. But you, did think it was important to put
in the fact that there was conversation about cocaine?
A Yes.
234
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
That was important?
A Yes.
Q And that conversation regarding cocaine had
nothing to do with this so-called agreement, right?
A Yes.
Q
But you put it in your report?
A Yes.
Q But you didn't put in your report some of the
details that had to do with the agreement, right?
A No, I put all the details that had to do with the
agreement.
Q You didn't put anything about the Hilton?
A The agreement was based off that she was going
to they were both going to have sex with me for $5,000. I
could have had sex at the Holiday Inn. I mean, I don't
think the hotel was important to put it in.
Q Okay. So you said there was an agreement to have
sex the following day, correct?
A Correct.
Q
Where was that sex going to happen?
A I don't know.
Q
There was no agreement for any particular place,
right?
A Not at that time.
Q
And there was no agreement for any particular
235
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
time, right?
A
She was going to get back to me.
Q
Okay. And you said she said, "I couldn't - she
said
Ms. Ma1andri told you, "I can't take out my cell
phone," right?
A Correct.
Q
That's not in your report, right?
MR. REED: Objection, Your Honor. I'm going
to make a formal objection. Although he wasn't
specifically asked by anybody when filling out this
report, it's been his testimony that it wasn't
it
wasn't -- he didn't think that it was relevant to his
report. Therefore-
MS. AL-SHABAZZ:
People will have an
opportunity to redirect.
THE COURT: She can ask.
MR. REED: Just for expediency
THE COURT: I know you want expediency, but
she has to do her case. On redirect -
MR. REED: Or
THE COURT: If you feel that you have to get
more information on a certain point, you're free to do
that.
MR. REED: Right. I'm just -- I'm just going
make this -- I didn't mean expediency. Just to let you
236
1
2
3
4
5
6
7
8
9
10
11
12
13
15
18
19
20
21
22
23
24
25
know I'm just making the same objection if she goes to
this line of questioning.
MS. AL-SHABAZZ: Could you read back the last
question?
THE COURT: Cell phone.
MS. AL-SHABAZZ: Your Honor, thank you.
That's good enough.
Q
You did not put in your report anything regarding
Ms. Malandri's cell phone, right?
A No.
Okay. And you say she told you, "I can't take it
Q
out," right?
And she didn't have any bag, right?
No, I don't.
Do you remember if she had a cell phone on her
No.
Did you see a cell phone anywhere for her to take
one out at all?
A
I didn't see a cell phone.
Q
You didn't see a cell phone; right, okay. You say
237
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Ms. Malandri told you to contact her through her website,
ght?
A Correct.
Q
And did you do that?
A No.
And did you try -- did you even go to the website?
Q
A
I've been to website, yes.
Q
Did you try to contact her through website?
A No.
Q So as far as you know withdrawn. You said
Ms. Malandri also said, "Remind me who you are," ght?
A Correct.
Q Okay. So she didn't even know who you were?
There was no relationship already between the two of you,
right?
A I took that to mean, "Remind me that you're the
guy with the $5,000".
Q That's what you took it to mean?
A That what I took that to mean.
Q
Okay. Now, how long were you in the club in
totality?
A
About two-and-half hours.
Q
Two-and-half hours, right.
A From the moment we got to the location at 12:30 to
the moment that I left the location at 3 o'clock.
238
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
So for two-and-half hours you were in this club
and you say for 40 minutes you were with Ms. Malandri?
A In total.
Q In total?
A
30 to 40 minutes, approximately.
Q
Okay. Detective, you had two dances, right?
A Yes.
Q
And those dances lasted three minutes a piece?
A The dances did, yes.
Q
Right. Are you telling this Court that you had a
30-minute conversation or a 25-minute conversation?
A No. In total?
Q
You said you were with them for about 40 minutes,
right?
A
I said 30 to 40 minutes.
Q
30 to 40 minutes, right?
A Yes.
Q
They only danced for you for about six of those
minutes, right?
A Correct. But we were together from the moment
we - I spoke to them to the moment I went to have the
dance, and the dance was over, and I left the room. That
was approximately 10 to 12 minutes.
Q
But you weren't with them when you
ft that room,
right?
You weren't with them at that point, you left them?
239
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A That's what I just said.
Q Okay. So you
- are you including that time in
your 40 minutes?
A Which time?
Q When you left them?
A No, I'm not.
Q Okay. So what were you doing outside of the six
minutes when they were dancing for you twice? What was
going on for the other 25 to 35 minutes?
A
Like I just said, when I
rst spoke to them, I'm
counting from that time to the time we finished our dance.
Q
Detective, isn't true that you were only with them
for about ten minutes?
MR. REED: Objection. I'd like the witness
to answer the question.
THE COURT: You may answer.
A
From the moment I spoke to them, from the first
dance, to the moment that we walked to the room, we had the
dance, we had our conversation and I left them, that was
approximately 10 to 12 minutes.
The second time around, again, from the moment
that she approached - they both approached me the second
time to -- we had a brief conversation there, we walked to
the room. We have our dance. I leave that location. That
is approximately another 10 to 12 minutes. Throughout the
240
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
i7
18
19
20
21
22
23
24
25
C0148
For People - Cross (Ms. Al-Shabazz)
evening she approached me a separate three other occasions.
Q
Oh, really?
A Yes.
Q
You didn't put that in your report, did you?
A No.
Q
It wasn't important?
MR. REED: Objection, Your Honor. Same
objection.
Q
It's your testimony now that Ms. Malandri
approached you on three other occasions, this same evening?
A Yes, she did.
Q
And you never said that on direct examination, did
you?
A I wasn't asked that question.
Q And you never put that in your report, did you?
MR. REED: Same objection.
A No, I didn't.
Q In fact, in your report, after the second dance,
you say, Alexia gave you a kiss on the cheek and you walked
away, right?
A Correct.
Q
You never talk about seeing her again, right?
A
No, I tried to put on my report the importance of
241
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the agreement.
Q Let me just stop you?
MS. AL-SHABAZZ: I move to strike as non
responsive.
Q You never put in your report -- after you put,
"Alexia then gave me a kiss on the cheek and I proceeded to
walk away," you never said anything else about seeing her
again, right?
A No.
Q And, in fact, after you had a dance from
Ms. Malandri, you ran into your friend Sky, right?
A
I wouldn't say my friend, "Sky," but a person at
the place called "Sky," yes.
Q Okay. And you had a relation -- you had contact
with Sky in the past, right?
A Yes.
Q
What was the nature of the that contact?
MR. REED: Objection. The relevancy of his
contact with this individual named Sky is clearly not
relevant to the charges that are being levied against
these two defendants.
A
I made an agreement with Sky, as I did with the
242
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People Cross (Ms. AI-Shabazz)
two defendants, to have sex in exchange for money.
Q
Did you, in fact, have sex with Sky?
A No.
Q
In your report you talk about conversation you had
with Sky, right?
A Yes.
Q And Sky, you got her phone number, right?
A Yes.
Q This is a person you could call, ght?
A Yes.
MR. REED: Objection, Your Honor. The fact
that he can call Sky is clearly not relevant to charges
being levied against Ms. Rodriguez and Ms. Malandri.
Q
And when you made this so-called agreement with
Sky on your previous occasion at the Hot -
THE COURT: Let me just say this since you
keep saying it's not relevant. Their job is not only
to prove relevancy,
's credibility. So that's why
she's as ng certain questions.
And you are clearly making notes. You have
the ability, when you are on redirect, to focus on
certain questions and explain it, right?
MR. REED: Your Honor -
THE COORT: But you can object as much as you
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
243
C0148 - For People Cross (Ms. Al Shabazz)
want, but I'm just telling you. There are two
objectives here. Just remember that as defense
counsel.
MR. REED: Just two things for logistics.
When Ms. AI-Shabazz is finished, am I going to have a
chance to redirect or do you want Mr. Moser to go first
THE COURT: He's going to go and
MR. REED: And then I redirect?
THE COURT: Yes. And you might not get to
that until tomorrow, but we'll see.
MR. REED: Okay.
Q You met Sky on one of the previous occasions you
had been to the Hot Lap Dance Club, right?
A Correct.
Q Okay. And when you made an agreement back then
when this so-called agreement with Sky, you got her phone
number, ght?
A Correct.
Q And, in fact, she's been familiar with you such
that when she spoke to you and asked you, "Are you going to
call me and for what? Your response was, "You know me.
I
want to fuck."
MR. REED: Objection, Your Honor. Relevancy.
25
244
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q That's what you said, right?
A If that's what's -- if it's on the file, that's
what I said.
Q I'm sorry. I'm not asking you what's on the file,
detective. I'm asking you what you said?
A Well, may I see my file so I can refresh my
memory?
Q
Only if you don't - you don't recall what you
said?
A
I just want to refresh my memory.
Q
Okay. You only can refresh your memory if you
don't recall?
THE COURT: Do you recall what you said?
THE WITNESS: I don't recall my exact words
that I said.
Q
Is there anything that can refresh your
recollection?
A My DDS.
MS. AL-SHABAZZ: Can we show the witness
THE COURT: Yes, please. Take a moment and
look at it. When you're ready, answer the question.
(Whereupon the document was published
to the witness.)
THE COURT: Okay, People?
245
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
MR. REED: We're ready.
THE COURT: Ready. Go ahead, proceed.
Q
Detective, did that refresh your recollection?
A Yes.
Q And did you, in fact, say to Sky when she asked
you "Call me and for what, II and you said, "You know me. I
want to fuck."
MR. REED: Objection, Your Honor. Your
Honor, this line of questioning all calls for hearsay
between the undercover and this individual named Sky.
And it's not irrelevant.
MS. AL-SHABAZZ: It's not offered for the
truth.
A Yes, that what I said.
Q
That's what you said. And she knew you -- and you
said that because she knew you from a prior sexual
experience, right?
M R ~ REED: Objection, Your Honor. There's
been no evidence that there was a sexual experience
between the undercover -
THE COURT: She's asking the question.
Overruled. Maybe there some information. I'm sure
she's asking toe questions in good faith?
25
A
She knew me from a prior visit at the Hot Lap
246
1 Dance. I never engaged in sexual activity with JD Sky.
2 Q Did you have a dance from her?
3 A Yes.
4 Q And that's not sexual activity?
5 A I'm referring to sexual intercourse.
6 Q But you said sexual gratification was also sexual
7 intercourse on direct examination, you remember that
8 detective?
9 A Yes.
10 Q
Okay. And when Sky danced for you, you would
11 consider that sexual gratification, right?
12 MR. REED: Objection, Your Honor. It's not
13 irrelevant. Again, it's the same objection as to
14 relevancy.
15
THE COURT: So noted. Overruled.
16 Q
You would consider that sexual gratification?
17 A
If I was enjoying it, yes.
18 Q
Okay. So it depends on whether you're enjoying it
19 or not?
20 A Yes, tome it does.
21
Q When you're in your undercover capacity and you're
22
working, if you are not enjoying it, it's not sexual
23 conduct?
24
MS. AL-SHABAZZ: I'm just trying to
25
247
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
understand.
THE COURT: That what he said. Asked and
answer. Moved on.
Q
Now, you said -- did you enjoy the dance with
Ms. Malandri?
MR. REED: Objection, Your Honor. It's the
same objection. It's the People's position that it's
not relevant. The undercover -
THE COURT: All right. It's sustained.
Okay, move on.
MS. AL-SHABAZZ: Judge, just for the record,
I think it goes to credibility. The witness is
testifying about sexual conduct. Now he's says if it's
not pleasing to him, personally, then it's not sexual
which he defined on direct as sexual
conduct. We only have this 0 icer, this detective, we
only have his testimony as to what happened. His
perception of the events are relevant. If he's
perceiving that these events are not sexual conduct
because he's not feeling gratified, we need to know
that.
MR. REED: Your Honor, if the undercover's
definition of gratification is relevant - if the
defense cqunsel is eliciting testimony from this
undercover to determine his credibility as to his
25
248
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
perception of the events, it's the People's position
that those questions should be limited to his
perception of those events, not any -- not what he
defines sexual gratification as masturbation nor
whether or not he was aroused during the dance that he
had with Ms. Malandri, Ms. Rodriguez, or JD Sky.
MS. AL-SHABAZZ: Judge, the People -
MR. REED: In addition, it's not relevant to
the charges levied against these defendants, his own
personal gratification. It doesn't -- nowhere listed
in the Prosecutor's Information does it say, "The
defendants agreed -- agreed - engaged, agreed -- or
agreed or offer to agree in sexual intercourse with
another person and also sexually gratify that person at
all." Nowhere in the charges.
MS. AL-SHABAZZ: And, Judge, I'm not trying
to expand the Prosecutor's Information. The People
brought out his background. The People brought out the
fact that
THE COURT: Okay. I-
MR. REED: In addition, it's outside the
scope of my direct. I never asked him about his
reaction to the dance that he received.
THE COURT: But that doesn't mean that she's
precluded from asking. You said that something
249
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
happened in the room. She's expanding on it. She's
free to do that.
Okay, overruled.
Q
I don't even know what the question was.
THE COURT: The question was whether or not
you were satisfied.
MR. REED: Right, right.
THE COURT: I'm listening.
MS. AL-SHABAZZ: Thank you, Judge.
Q You can answer that.
A
You mean was I aroused you said?
Q That wasn't the word I used, detective.
A Was I satisfied?
Q Gratified?
A Gratified.
Q That was your word -
MR. REED: Same objection as before, Your
Honor.
THE COURT: Okay, overruled.
A
Can you repeat your question, please.
Q Were you gratified when you received the dance
from Ms. Malandri and Ms. Rodriguez?
A I was not.
Q You was not.
A I was not.
250
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Cross (Ms. AI-Shabazz}
Q
So that's not sexual conduct to you then?
THE COURT: Objection sustained there.
Q
You testified that if you're not personally
gratified,
's not sexual conduct, correct? That's what
you said, right?
A If she could read back the -
Q No, no, no.
MS. AL-SHABAZZ:
I'm sorry, Judge. The
witness is asking for a read back.
THE COURT: Well, I guess he wants the
question -- I can understand that. The last question?
MR. REED: Well, I think he's confused as
to -- well, he's been asked so many questions. He's
been asked for definitions of masturbation, sexual
gratification. I think he's a little confused right
now as to what exactly defense counsel is trying to
elicit from this question.
MS. AL-SHABAZZ: I'm sure he is. I would
ask ~ - I don't mind her reading back the question, but
I certainly don't want her to read back his answer from
the prior question -- from any prior question.
THE COURT: What was the last question?
(The record is read by the reporter.)
251
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A I was not grati ed.
THE COURT: Okay, asked and answered.
MS. AL-SHABAZZ: Judge, he's not responsive.
He didn't answer the question.
THE COURT: What was your question, whether
or not he was
Q
My question was, you said -- you said that if
you're not personally gratified that it's not sexual
conduct, right? That's what you said, right?
A I don't recall.
THE COURT: If you don't recall what you
said -
THE WITNESS: I don't recall.
THE COURT: Move on. He doesn't recall.
Q
Can you answer it in the present?
MS. AL-SHABAZZ: Okay, withdrawn. I'll move
on.
Q How many prostitution cases have you personally
been involved as an undercover since this case?
A Since June 2008?
Q Yeah.
A Well, you're talking about a year-and-half.
Well,
over a hundred.
252
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
Hundred, okay. And how many times have you come
to the district attorney's office to prep for this trial?
A Several times.
Q
Okay. And out of those hundreds and hundreds of
cases you were the primary undercover or ghost undercover?
A Yes.
Q And before you came to testify you met with the
prosecutors, right?
A Yes.
Q And you reviewed your notes?
A Correct.
Q
Okay. And they went over some of the questions
that they would ask you, right?
A Correct.
Q
And they told some of the questions I might even
ask you, right?
A Correct.
Q
And you discussed this case with the ghost
undercover, right?
A Correct.
Q How many times did you talk to him?
A When we met here for court.
Q For where? At the DA's office?
A Yes.
Q You talked about the case at the
DAis
0 ce?
253
C0148 - For People - Cross(Ms. Al-Shabazz)
1 A Yes.
2 Q And when the district attorney prepared you for
3 this trial, did - were you and the ghost together at that
4 time?
5
A One at a time.
6 Q
One at a time. And then after that you talked to
7 the ghost?
8 A Yes.
9 Q And you talked about the details of this case,
10 right?
11
A Yes.
12
Q And did you review his paperwork?
13
A I didn't review his file; no, I didn't.
14 Q Do you know if he reviewed yours?
15
A I don't know.
16 Q And there are details about this case that you
17 don't remember because it was a long time ago, right?
18 A Yes.
19
Q And you had intervening cases in between, right?
20 A Yes.
21 Q And you don't have an independent recollection
22 about the events - about all of the events that took place
23 that night
7
right?
24
A Not all the events, no.
25
Q
And all you have is just this two -- all you have
254
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
is this three-page summary to refresh your recollection,
ght?
A Correct.
Q You don't have anything else?
A No.
Q Okay. You talked about -- you talked to the
arresting officer about this case, Oet. Kong?
A Yes.
Q And you told him, in fact, that you paid $300 for
a dance from Ms. Malandri?
A No, I did not.
Q You didn't tell him that?
A No.
Q Okay. Now, you were taught in your training that
you have to play a role, right?
A Yes.
Q Okay. And you're pretty much acting, right?
A Yes.
Q And you've been doing this for three years now,
right?
A Yes.
Q
And you understand that the women that dance for
you, they're playing a role to, right?
A
That's - I don't know.
Q You don't know?
255
1
2
3
4
5
6
7
8
9
10
~ 1 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A I don't know what they -- I know they dance.
Q You understand -
A
I don't know what they're thinking mentally, no.
Q Okay. You understand that they're in the business
of making money by -- withdrawn. You understand that
they're playing a role with respect to selling sex, right?
A As a stripper?
Q Yeah.
A I don't know. I don't think they're allowed to
sell sex, no.
Q'
Okay, withdrawn. I'm sorry. Not withdrawn. I'll
rephrase the question.
You understand that the primary reason that the
women are engaged in these activities is to make money,
correct?
A Yes.
Q You understand that, right?
A Yes.
Q
Okay. And you've been involved In at least 300
prostitution cases, right?
A Yes.
Q
But you've only had about 200 arrests, right?
A Related to prostitution?
256
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q Yeah.
A Approximately, it could be more.
Q I don't know, detective.
A I don't know off the top of my head.
Q If it's more
A I don't know.
Q Okay. On direct examination you testified -
A I said over 200.
Q You said 200, detective.
A I said over 200.
Q Okay. What about the other hundred cases, hundred
or so, more or less, what happened to the other hundred
cases?
MR. REED: Objection, Your Honor. What does
she mean by what happened to them? What does defense
counsel mean?
Q
There were no arrests made in approximately
hundred cases
Q That you had been involved in?
A Not all my cases, no.
Q
Okay. There are approximately hundred some odd
cases where there were no arrests made -
A Yes.
Q
In the prostitution\investigations, correct?
257
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Cross {Ms. AI-Shabazz)
A Yes.
Q
And that's because you've gone to locations and
you've had what's called, "Negative results," right?
A Correct.
Q
Okay. And that means that there are women that
are dancing but they're not having sex, right?
A
Not at the strip clubs. For the majority, all my
strip clubs have been positive agreements.
Q
I'm not asking about any particular location. I'm
just talking about in general -
A
Well, that's where they dance.
Q
I'm talking about in general in your 300
prostitution investigation cases, those cases?
A
Are there some women that don't have sex?
Q
Right.
A Yes.
Q
And, in fact, you attempted to engage other women
at the Hot Lap Dance that evening and you were met with
negative results, right?
A Yes.
Q
You didn't put that in your report, did you?
A Yes, I did.
Q
Detective, throughout your experiences
258
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 For People - Cross(Ms. zz)
THE COURT: One moment.
nue.
Q , throughout your ences in the past
three , whi you were engaged in titution
investi
ion, you've come to learn and/or understand that
the women are trying to get the men to come back to spend
more money, ght?
MR. REED: Objection, Your Honor. This
witness can't testify as to what women are - it's
going to women at the club mental state. I don't think
that undercover could tes fy as to that.
MS. AL-SHABAZZ: I as
him about his
under ng, not theirs.
THE COURT: Right. Ove
MS. AL-SHABAZZ: Can we have a read back?
(The record is read by
reporter. )
A
1 women are different.
Q
1 women are different?
A
ryone is different. Some want you to come
back, some don't. Some want to make
now. I don't
know.
Q Ire in the business of rna ng money, though,
right?
259
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A Yes,
Q
And they want to continue to make money, right?
A I would assume,
Q
So they need the men to corne back and spend the
money, right?
A
They need men to corne and spend money.
Q
Right. That's your understanding, right?
A Yes.
Q And when the women are dancing for you and
straddling you on a bed, they're selling you a fantasy;
right?
MR. REED: Objection, Your Honor. This
undercover can't testify as to what their trying to
sell him besides the dance. It's not within his
ability to -
MS. AL-SHABAZZ: I have nothing further at
this time.
MR. REED: Judge, could the undercover take a
break? I mean, he's been on the stand doing cross for
an hour, just to see whether or not he needs to use the
bathroom.
THE COURT: Okay. It's been brought to my
attention that you have to leave here at 4:15.
THE WITNESS: Please.
25
260
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE COURT: That's not a problem. Do you
want a break now or can you continue until -
MR. REED: The thing is I'm going to have to
redirect him anyway.
THE COURT: You may not do that today.
MR. MOSER: I'm not going to repeat
questions.
THE COURT: Okay .
.
MR. REED: Do you need the rest room?
THE WITNESS: I'm fine. He did want to
continue
THE COURT: If you need a five minute break,
that's fine. They're going to take you right here.
Just make sure there's nobody in the hall, please.
COURT OFFICER: I got him, Judge.
(Whereupon a brief recess was taken.)
COURT OFFICER: Detective, you are reminded
that you were previously sworn and are still under
oath.
THE WITNESS: Yes.
MR. MOSER: Judge, may I inquire?
261
1 THE COURT: You may.
2 CROSS-EXAMINATION
3 BY MR. MOSER:
4 Q
Detective, just to remind you, I represent Falynn
5 Rodriguez in this matter. Detective, I just want to be
6 clear. On June 20th, of 2008, you never -- Falynn Rodriguez
7 never engaged in any sexual conduct with you, correct?
8
MR. REED: Objection, Your Honor. It's
9
asking for him to state - to know a legal conclusion
10 of what sexual conduct is. If he could -
11
THE COURT: He's a police officer.
12 Overruled.
13 A We had two dances.
14 Q You had two dances together, correct?
15 A Yes.
16 Q And you paid those dances, correct?
17 A Yes.
18 Q And you paid for those dances pursuant to whatever
19 the charge was at that club, correct?
20 Yes. A
21 Q
Okay. And just regarding the recording device, I
22 know a lot has been said and I'm not going to repeat
23 questions. Did you make any attempt, you, I'm talking
24 about, to record conversations which took place during that
25 evening between yourselves and either of the defendants?
262
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C0148 For People Cross (Mr. Moser)
A Audio recording?
Q
Yes. Did you make any attempts?
A No.
Q
Do you know of anybody from the police force who
made any attempts during that evening to record
conversations which took place in the club on June 20th,
2008?
A No.
Q
Okay. During your tactical meeting were there
conversations that took place as to whether or not you were
going to be recording conversations with your device during
that evening?
A No.
Q NOw, you've stated in your testimony that there
was an offer of $300 for 15 minutes of some sexual activity
correct?
A Yes.
Q
Now, you state specifically that it was Alexia who
stated to you, "Why don't we get more private? We can all
get naked and touch each other," correct?
A Yes.
Q Falynn Rodriguez never stated that to you,
correct?
A No.
25 Q In fact, did Falynn Rodriguez ever verbally agree
263
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C0148 - For People - Cross(Mr. Moser)
with Alexia to go with you into another room and to get
naked and touch each other?
A No.
Q You're not claiming here -- sitting here today and
testifying that Falynn Rodriguez offered to go into a back
room with you and to get naked and to touch each other for
$300 for 15 minutes, correct?
A When I told them that they acted as a team, they
did everything together.
MR. MOSER: Judge, that's not responsive to
my question. I asked specifically -
THE COURT: Sustained, okay. What's your
question.
MR. MOSER: I'll repeat my question.
Q
You're not claiming here today, correct, that
Falynn Rodriguez offered to go into a back room with you and
get naked and touch each other for $300?
MR. REED: Objection, Your Honor. That word
"offered" is corning from this officer to state a legal
conclusion.
THE COURT: Overruled. "Offered" is -- what
word would you suggest that he use?
MR. REED: Verbally said. But an offer under
the law
THE COURT: I'm not taking it technically.
264
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I'm the Judge. I understand that, okay. That's the
word the we use often, so that what he's saying, okay.
Continue. Overruled. Go ahead.
Q Did Falynn Rodriguez say the words to you, "Let's
go in the back room together, get naked, and we can touch
each other for $300," did she say those words, Falynn?
A No.
Q So you're not saying here today that it was Falynn
Rodriguez's idea to go in the back for $300 and get naked,
and touch each other, correct?
A Correct.
Q And it never happened? You never went into the
back room with Falynn Rodriguez and touch each other and got
naked for $300, correct?
A
I would be committing a crime if I did that.
Q
Okay. There was another conversation after
another lap dance which took place between yourself and
Alexia, correct, and that was about this alleged $5,000
agreement, correct?
A Yes.
Q Now, you, of course initiated a conversation as to
sex by stating that it was you and you stated, "Listen what
I really want to do is fuck you, Alexia," correct?
A Yes.
Q
You didn't say that you wanted to have sexual
265
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
intercourse at that point in time with Falynn Rodriguez,
correct?
A Not at that time, no.
Q Falynn Rodriguez at that time never offered to
have any sexual intercourse at that -- with you, correct?
MR. REED: Your Honor, I'm going to make the
same objection as to the word "offered" in counsel's
question.
THE COORT: Overruled.
A
Shortly after she did. At that moment, she did
not.
Q During -- at that point in time, correct, she did
not, correct?
A Correct.
Q Now, the next thing that was said was by Alexia in
which she asked Falynn a question, "Falynn, doesn't he look
so innocent," correct?
A Yes.
Q And the response to that was Falynn stated,
"He
looks like he likes to have a good time," right?
A Yes.
Q Now, was that the agreement that we're talking
about, that Falynn agreed to -- is she now agreeing to have
sex for $5,000 with you?
A Not at that moment.
266
1
2
3
4
5
6
7
Q
Now, the next thing that's stated was not Falynn,
but it was you, and you said, "For $5,000 I get to fuck both
of you." You said that, correct?
A After Ms. Malandri told me what the price would
be.
Q Correct. Ms. Malandri, you alleged, stated to
you, "Can you do a five with three zeros after it," correct?
8 A
9 Q
10 of you,"
11 A
12 Q
13 get both
14 A
15 Q
16 A
17 Q
18 A
19 Q
20 anything?
21 A
22 Alexia's
23
Q
24 A
25
Q
Correct.
And you stated, "Well, for that price, I get both
correct?
Correct.
At that point did Falynn Rodriguez say, "Yes. You
of us"?
No, she just kept rubbing my arm.
1'm sorry. She said?
She just kept touching my arm.
She was touching which arm?
My right arm.
Okay. And at that point did Falynn Rodriguez say
She said that she was the only one that tosses
salad.
And that's all she said, correct?
Correct.
And did she ever say at that point in time, after
267
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C0148 - For People
Cross (Mr. Moser)
she made that statement, that she would agree, to have
three-way sex for $5,000; you, Alexia, and Ms. Rodriguez?
A That's what I understood that to mean.
Q
Okay. What do you understand it to me when a
person says to another -- I'm sorry. "I'm the only one that
tosses your salad?'! What do you believe it to mean?
A That to me meant that she would be the only one
that goes with a Alexia to do threesomes. That it would be
the three of us.
Q
To do threesomes? You implied all of that from
that one statement?
A Yes.
Q
Okay. Now, there was never a follow-up question
after that, correct, as. to where you were going to meet to
have this three-way sex, correct?
A No.
Q And there was never any location that the three of
you chose as to where you were going to have this three-way
sex, correct?
A No.
Not an exact location, no.
Q
And there was never a talk as to how this money
was going to be paid, in what denominations, correct?
A Denominations? No. It wouldn't be a credit card.
It would be cash.
Q Excuse me?
25
268
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A It wouldn't be a credit card. It would be cash.
Q You never discussed if it was going to be cash or
a credit card with them, correct?
A No.
Q In fact - just so I'm correct, during this
conversation that took place between yourself and Alexia
Moore, when Falynn Rodriguez was there, she says two things,
correct, "He looks like he likes to have a good time," and
"I'm the only one that tosses Alexia's salad," correct?
A Correct.
Q
She said nothing else, correct?
A Correct.
And you never took Falynn Rodriguez's phone number
Q
after this convers
on, correct?
A Correct.
And you never took her e-mail address, correct?
Q
A Correct.
Q What if anyway did you have to contact Falynn
Rodriguez after this .conversation was allegedly had between
yourself and these two defendants?
A
Through Ms.
So it was your understanding that if there was
Q
going to be any sexual intercourse between yourself and
these two girls, whenever it was going to happen, that the
only way Falynn Rodriguez would be able to t involved with
269
1 that, would be through a conversation with Ms. Malandri,
2 correct?
3 A Yes.
4
Q Now, did you - now, you stated here that you put
5
in these papers - in your document where you stated what
6
happened during that evening, what you thought was
7 important, correct?
8 A Correct.
9 Q
But what happened during that evening that wasn't
10 important that you didn't put in the papers?
11
12 THE COURT: Objection sustained.
13 Q Well, was there anything else that you didn't put
14 in these papers that had to do with the $5,000 for the
15 three-way sex?
16 A Just the fact that both females approached me
17 later on that evening three other times.
18 Q And about the Hilton Hotel, I'm not going to go
19 over it again, you never gave them the address of the Hilton
20 Hotel where you were staying, correct?
21 A No.
22 Q You didn't ask them to all you at the Hilton
23 Hotel, did you?
24 A No.
Q You didn't ask them to -- you didn't give them a
25
270
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
phone number where they could text message you, did you?
A
No, she just told me -- Ms. Malandri told me to
reach her through her website.
Q
And this was just Ms. Malandri, not Ms. Rodriguez,
correct?
A Correct.
Q
Okay. Just at the tactical plan meeting who was
there?
A
Can I look at -
THE COURT: You need to refresh your
recollection?
THE WITNESS: May I refresh my memory?
THE COURT: Yes, go ahead. That's Defense B?
THE WITNESS: Yes.
THE COURT: Yes. Go ahead.
(Whereupon, Defendant's Exhibit B was
published to the witness.)
A
There were a total of nine officers.
Q Excuse me?
A Nine officers.
Q And how many officers besides you and the ghost
entered the club during that evening?
A
Just the ghost and I.
Q And then you left together, right?
271
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Yes.
MR. MOSER: Judge, I have nothing further.
People, I'm going to have you begin tomorrow
your redirect. I do have one question for you,
officer. What happened after the whole conversation
about the $300 for 15 minutes?
THE WITNESS: I told them no, and that I just
wanted another dance, let's talk some more." That's
when we
THE COURT: When you had told them more, who
offered that?
THE WITNESS: The $300?
THE COURT: Yes.
THE WITNESS: Ms. Malandri.
THE COURT: All right. I'm going to have you
step down because you have something to take care of.
Everybody back here at 9:30, because I see
that your time is 10 o'clock.
MS. AL-SHABAZZ: Judge, I would just ask the
Court to
truct the witness not to discuss this case
with the prosecutor -
THE COURT: Oh, yeah.
MS. AL-SHABAZZ: Any other members of his
team, the ghost; all of that.
272
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- Proceedings
THE COURT: You know that?
THE WITNESS: Yes.
MR. STRAZZULLO: Judge, tomorrow morning
just have to discuss something with her, because she
has a cut on her chin and she has to go to her surge?n
tomorrow morning to get the stitches out. I just want
to see if there's an alternate time. If not, I would
ask the Court
THE COURT: Go ahead, please. You go.
(Discussion held off the record.)
MS. AL-SHABAZZ: What time you want us back
in the morning, Judge?
THE COURT: 9:30 am.
(Whereupon, court is recessed and the
case adjourned to Friday, January 22, 2010 at
9:30 a.m.)

Malandri & Rodriguez Stripper Trial - Criminal Court of New York City - Transcript Jan 21 2010

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Malandri & Rodriguez Stripper Trial - Criminal Court of New York City - Transcript Jan 21 2010

Hochgeladen von

Copyright:

Verfügbare Formate

1

Das könnte Ihnen auch gefallen