Transcript of ConversationPhone call from...

Daniel Anthony Napolitan (aka D-Nap)

to...

Daniel Cortez (aka Spyder)

These two thieves discuss the attempt of James Alan Bush, victim, to report their

activities to the Sunnyvale Department of Public Safety; D-Nap is calling Spyder from the home

of the victim, using the victims own phone, to report what he witnessed in the exchange

between the victim and the police officers

TranscriptofPhoneCallFromD-Nap to Spyder

Tuesday, May 21st, 2006 Page 2 of 5

D-Nap [coughs] Yeah, its D-Nap.

Spyder Whats up, D?

D-Nap Hey, uh, you know what? If you got some time later...

Spyder Huh?

D-Nap If you can make some time later, itd be cool if I could get...get up, uh...get together with you, and lets talk about something real quick.

Spyder Oh, yeah?

D-Nap Yeah, [its] something to do with, like, you know, over here, there, everywhere.

Spyder Like, [stutters] give me a general idea.

D-Nap Um, just, like, just something that...

Spyder [inaudible]

D-Nap Hey, hey, hey, well, hey...an officer came over to, uh, take the, uh...what do you call it? The, uh, report on the last of the, um, goods being stolen last Friday or whatever, alright?

Spyder Uh-huh.

D-Nap But, then, it didnt even happen. He said he didnt want to come here...this and that, and...and, then, he said something about me, like, a...a remark that just like Ja[mes]...Im not, like, in danger or nothing, but, its like, weird...weird shit, mansmall-town.

Spyder What the fuck?

D-Nap He was like this, hes all, Dannys out already?! Like, you...like, fuck! Like, dude, who am I?!

Spyder Who? Who said that?

TranscriptofPhoneCallFromD-Nap to Spyder

Tuesday, May 21st, 2006 Page 3 of 5

D-Nap The cop!

Spyder The cop said whos out already?

D-Nap He asked about me! Uh, I could tell you. Thats why I want to sit down and tell you all about it cuz its kinda fuckin wack. Like...like, they dont even give a shit about this place, and...

Spyder Okay, okay. Whos telling you all of this?

D-Nap Dude, this is...this happened Okay, check it out: I...I listen to their phone conversations; I listen to everything. I seen it go down (about James). James is trying to give a report, as far as, like, you know, his iPod, his, uh, car keys...

Spyder Right, right, right; but, what does that have to do with the iPod, though?

D-Nap They...well, they came to fill out a report...to take a report.

Spyder He called them to come fill out a report.

D-Nap But, they werent... Yeah, yeah, yeah, yeah!

Spyder Okay, so, go ahead; finish the story.

D-Nap So, yeah, but the thing, like, one of the things he said was, Dannys out already? Cuz he...and, the cop wouldnt come here...

Spyder That doesnt have anything to do with the iPod, bro, or anything...

D-Nap No. Well, that was... The cop was supposed to come here to do a...take a report.

Spyder Yeah, for a report...stolen...

D-Nap Yeah, for his...for his...just for the things missing.

Spyder Yeah, well, it all comes up how...how I told you, right?

TranscriptofPhoneCallFromD-Nap to Spyder

Tuesday, May 21st, 2006 Page 4 of 5

D-Nap Well...well, heres how it happened: the cop wouldnt come to the house; he stopped, like, 10 houses down, and, then, the copSunnyvale Policecalls James phone. They said, Hey, can you, uh, go out and, uh, talk to my officer out front. Okay?

Spyder No fucking way!

D-Nap The cop wasnt here out front. He was, like, 10 houses down. He wouldnt...

Spyder [laughs] I know; I heard... I heard you.

D-Nap Weird shit. He walks down there, Im looking down there; theyre talking forever, you know?

Spyder With James?

D-Nap James and...and the cop, and, it was like, the copfirst offcame out here, because he didnt want to take a description of any...anyone he thought might have been a suspect over the phone; but, once hes here, he, like, like, notices where hes going or something...

Spyder Yeah, for an investigation.

D-Nap He dont give a fuck of it. Hes like, I aint takin no report. He didnt even take a report. He was, like, like, laughing in his face, in a way. And, he said...and then something about Danny, and, then, he says, Dannys out already? Like...

Spyder Uh-huh...

D-Nap ...dude! Like the fucker knew me and...

Spyder I...I...I understand...I understand totally, bro.

D-Nap So, do you know anything about it? Thats all Im...

Spyder What do you...what do you... So, what do you want to talk to me about?

TranscriptofPhoneCallFromD-Nap to Spyder

Tuesday, May 21st, 2006 Page 5 of 5

D-Nap Well, I was just, like, actually, I...uh...you know...

Spyder Thats some funny [inaudible] shit, for real.

D-Nap Yeah, yeah, but, uh, I was looking to get, uh, maybe, you know, uh, these metal boxes off and get lit or something.

Spyder Bring the metal boxes up, and Ill have that for you.

D-Nap Is there a better time for you? Later? Now?

Spyder Let me take care of one errand, and then...

D-Nap Good shit.

Spyder Yeah, Im not going over there, though, bro.

D-Nap Its cool. No, its like super-cool here, but...but, I want to get out of here.

Spyder Ill meet you at Carls. How bout there?

D-Nap Right on.