state of illinois ) county of cook ) in the circuit court...
TRANSCRIPT
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STATE OF ILLINOIS )) SS:
COUNTY OF COOK )
IN THE CIRCUIT COURT OF COOK COUNTYCOUNTY DEPARTMENT - CRIMINAL DIVISION
THE PEOPLE OF THE )STATE OF ILLINOIS )
)Plaintiff, )
)-vs- ) Case No. 09 CR 00762-01
)WILLIAM BALFOUR, ) (AFTERNOON SESSION)
)Defendant. )
JURY TRIAL
REPORT OF PROCEEDINGS had before the
Honorable CHARLES P. BURNS, heard on the 24th day of
April, A.D., 2012.
APPEARANCES:
HON. ANITA M. ALVAREZ,State's Attorney of Cook County, byMR. JAMES MCKAY, MS. VERYL GAMBINO andMS. JENNIFER BAGBYAssistant State's Attorneys,appeared on behalf of the People;
HON. ABISHI C. CUNNINGHAMPublic Defender of Cook County, byMS. CYNTHIA BROWN, MS. AMY THOMPSON,MR. SCOTT KOZICKI and MR. EDWARD KOZIBOSKIAssistant Public Defenders,appeared on behalf of the Defendant.
Nancy Muscolino, RPR/CSR No. 084-001532Official Court Reporter2650 S. CaliforniaChicago, Illinois 60608773-674-6065
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INDEX
PEOPLE vs. WILLIAM BALFOUR09 CR 762
Date: 4-24-12
Pages: 1 to 161
JURY TRIAL
WITNESSES: PAGE:
TYRONE DUNBARDirect Examination......................... 4Cross-Examination.......................... 26Redirect Examination....................... 32
LONNIE SIMPSONDirect Examination......................... 36Cross-Examination.......................... 63
DONALD FANELLIDirect Examination......................... 78Cross-Examination.......................... 129Redirect Examination....................... 149Recross-Examination ....................... 150
KEVIN BARRYDirect Examination......................... 152Cross-Examination.......................... 157
SIDEBAR....................................... 17
(Case continued to 4-25-12.)
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THE SHERIFF: Court is now back in session.
THE COURT: Everybody that's supposed to be in
is in now, right? Let's bring out the jury.
THE SHERIFF: All rise for the jury.
(Whereupon, the following was had
in open court, inside the presence
and hearing of the jury.)
THE COURT: We are still in the state's
case-in-chief.
State, are you prepared to call your
next witness?
MS. GAMBINO: We are checking on our witness at
this moment, Judge.
THE COURT: Would you step in the witness box,
sir?
(Witness duly sworn.)
THE COURT: Have a seat. Make yourself
comfortable.
Miss Gambino, you may proceed.
MS. GAMBINO: Thank you, your Honor.
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TYRONE DUNBAR,
called as a witness on behalf of the People of the
State of Illinois, having been first duly sworn on
oath, was examined and testified as follows:
DIRECT EXAMINATION
BY
MS. GAMBINO:
Q Good afternoon, Mr. Dunbar.
A Hello.
Q You have to talk real loud so everybody
can hear you; okay?
A Good afternoon.
Q Could you tell us your name?
A Tyrone A. Dunbar.
Q Spell your first and last name for us?
A T-y-r-o-n-e. D-u-n-b-a-r.
Q Mr. Dunbar, how old are you?
A 57 years old.
Q What's your date of birth?
A 12-4-54.
Q I don't want you to give me your exact
address, but do you live in the City of Chicago?
A Yes, I do.
Q What area of the city?
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A I live on the south side.
Q Do you know someone named William
Balfour?
A Yes, I do.
Q Do you see him in court today?
A Yes, ma'am.
Q Could you identify him by telling us --
pointing at him and telling us what he's wearing?
A The guy with the white shirt, blue tie
on (indicating).
MS. GAMBINO: May the record reflect the
in-court identification of the defendant?
THE COURT: The record will so reflect.
BY MS. GAMBINO:
Q Did you know him by the name of William
or William Balfour?
A No, ma'am.
Q What did you know him by?
A Flex.
Q Before we go any further, Mr. Dunbar,
you were convicted of possession of a controlled
substance under Case Number 03 CR 23740; is that
correct?
A Yes, ma'am.
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Q And you received 2 years probation?
A Yes.
Q And that probation was terminated
satisfactorily?
A Yes, ma'am.
Q What is your profession by trade or your
trade?
A Automotive technician.
Q Do you still work as an automotive
technician?
A Yes. Self-employed.
Q You're self-employed now. Back in 2008,
were you working for someone else?
A Yes, ma'am.
Q Who were you working for?
A W. J. Alt (phonetic.)
Q Where was that located?
A 75 East 71st Street.
Q What kind of automotive work did you do?
A All kinds. Brakes, shocks, everything.
Q Did you ever do any auto work for Flex?
A Yes, I have.
Q On which car?
A On, I think it was a Camaro or something
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or Ford.
Q Now I want to call your attention to
October 24th of 2008. At that time, where were you
living?
A 7024 South Wentworth.
Q Was 7024 South Wentworth near the Julia
Hudson, Jason Hudson, and Darnell Donerson house at
7019 South Yale?
A Yes, ma'am.
Q How close were you?
A My back -- you go out the back door.
You're right at their back door.
Q So you were across the alley from them?
A Yes, ma'am.
Q What apartment did you live in?
A A, on the second floor.
Q Who do you live there with?
A With my wife and my sons.
Q How many children do you have?
A Four.
Q How old are they?
A 37, 34, 23 -- wait a minute.
Q Are they all grown-ups?
A Yes. They're adults.
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Q What was the first thing you did on the
morning of October 24, 2008?
A I got up with my wife, waiting for her,
her and my friend outside to come pick us up to take
her to the el.
Q Let me stop you there. Who was going to
come and pick you up and take your wife to the el?
A My partner, Shelby.
Q Where was your wife going?
A To the el on 69th Street.
Q Where was she going to take the el?
A Downtown to work.
Q Did Shelby come and pick you up?
A Yes, ma'am.
Q What kind of car was Shelby driving?
A A Pontiac, red Pontiac.
Q When Shelby -- he came over to that
address on Wentworth?
A Yes.
Q When Shelby came over, were you outside
alone, or were you with your wife at first?
A He was outside. I met him -- I came
down when he pulled up.
Q What did you do when you came down?
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A Sitting in the car waiting for my wife
to come down.
MR. KOZIBOSKI: Your Honor, there's a technical
problem.
THE COURT: Do you want to come up and take a
look at this?
(Brief pause.)
THE COURT: Sorry for the delay, ladies and
gentlemen. We will resume the trial now.
You may proceed.
BY MS. GAMBINO:
Q Mr. Dunbar, about what time was it when
you were outside with Shelby before your wife came
down?
A About 7:25.
Q I can't hear you.
A About 7:25.
Q As you're waiting for your wife, do you
see anyone?
A Yes.
Q Who did you see?
A My friend, Flex.
Q Where did you see Flex?
A Walking down the street coming from
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south, coming back north on Wentworth.
Q On what street?
A Wentworth Avenue.
Q Was he on the side of the street that
you were parked or across the street?
A On the side I was parked on.
Q What happened as you saw him walking?
A I asked him what he's doing walking.
Q Okay. And why did you ask him that?
A Because he usually don't walk. He
usually drive.
Q Did the defendant stop by where you
were?
A Yes, ma'am.
Q At this point, are you standing or are
you in Shelby's car?
A I'm in the car sitting down.
Q What happened when he stopped by the
car?
A We stopped and talked about his car.
Q What did he tell you about his car?
A That the power steering was messed up.
Q Did he ask you to do anything with his
car?
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A Yes, he did.
Q What did he ask you?
A Can I look at it and see what the
problem was.
Q Did you tell him you would do it that
day?
A No. I told him maybe the next day I
would, because I had to go to work.
Q Did you ask him anything else?
A Not at that time.
Q When did you ask him something else?
A When my wife was coming down.
Q Is that a few minutes later?
A Yes, ma'am.
Q As your wife was coming down, what did
you ask Flex?
A Do we have any products.
Q What did you mean by products?
A Rocks.
Q What are rocks?
A Cocaine.
Q Why did you want to know if he had any
rocks?
A Because I was gonna purchase some from
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him.
Q What did the defendant say when you
asked if he had any rocks?
A He said, yes, he does.
Q Did he tell you where?
A On 69th and Yale.
Q Where?
A At the end of the block on Yale.
Q Did he tell you where those rocks were
contained, what were they in?
A By his car.
Q With your wife coming down, what
happened next?
A I told him I'd meet him at his car, I
have to drop her off at the el, and I'll be right back
around.
Q Did you then drop your wife off at the
el with Shelby?
A Yes, ma'am.
Q Who's driving?
A Shelby is driving.
Q After you dropped your wife off at the
el, what did you do?
A Made a U-turn to go meet Flex at his
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car.
Q And is Shelby still driving?
A Yes, ma'am.
Q Where do you go to?
A 69th and Yale. It's a dead end street.
Q Is he parked -- let me ask you a
different way. Do you see Flex's car?
A Yes, ma'am.
Q What kind of car did he have that day?
A A Chrysler.
Q What color?
A I think it's green.
Q Where was it parked?
A Parked on the west side of Yale at the
very end of 69th.
Q Did you and Shelby go over to that
car?
A Yes, ma'am.
Q When you were by that car, could you see
the Hudson house?
A Yes, ma'am.
Q Was the defendant sitting in the car or
outside of it?
A At first, he was standing outside, till
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I got over there. We both sitting in his car after
that, after I got over there.
Q At this point, what was the defendant
wearing?
A He had on a white hoody.
Q What kind of pants?
A I don't remember the pants.
Q Well, were they dark or light?
A They was dark color.
Q When you got in the car, where did you
sit and where did he sit?
A He sit in the driver seat. I sat on the
passenger side.
Q In the front seat?
A Yes, ma'am.
Q Where was Shelby?
A In his car behind us.
Q What did you talk to the defendant about
once you got inside the car?
A Rocks.
Q And again, rocks are?
A Cocaine.
Q Cocaine.
What did you tell the defendant you
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wanted?
A A dime bag of cocaine.
Q What does a dime bag mean?
A $10.
Q What did he say?
A Yes, he had it and that he didn't have
change for a $20.
Q Did you tell him you only had a 20?
A Yes, ma'am.
Q What was suggested then about how you
would get change?
A We'd go to the store and get change.
Q Who suggested that?
A I suggested it.
Q What store were you going to go to?
A 71st and Vincennes, to the Citgo gas
station.
Q Does the Citgo, in addition to having
gas, does it have a little store inside?
A Yes, ma'am.
Q At that time, did you see any rocks?
A Yes.
Q Where were they?
A He had them in his hands.
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Q How were you going to get to the Citgo
gas station?
A My friend, Shelby.
Q You were already sitting in Flex's car?
A Yes.
Q Why didn't you drive in Flex's car?
A Because his power steering was messed up
and he said he couldn't drive.
MR. KOZIBOSKI: Objection.
THE COURT: What's the basis?
MR. KOZIBOSKI: Could I have a sidebar, Judge?
THE COURT: Statements by your client?
MR. KOZIBOSKI: It was subject to a motion in
limine, Judge.
THE COURT: Fine, we'll have a sidebar.
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(Whereupon, the following is a
sidebar conference had outside the
hearing of the jury.)
THE COURT: What's the basis of the objection?
MR. KOZIBOSKI: The basis is previously there
is a motion in limine I believe filed by the state
seeking to elicit testimony from this witness
indicating that Mr. Balfour told him, this witness,
that he was dirty, and that Mr. Dunbar took that to
mean that Mr. Balfour had a pistol and drugs.
My understanding of the ruling is that
your ruling was that he could say that Mr. Balfour
said he was dirty, but not what his understanding of
what Mr. Balfour said was.
THE COURT: That was my ruling.
MS. GAMBINO: Yes.
THE COURT: Why are we back here?
MR. KOZIBOSKI: I just wanted to make sure.
THE COURT: Okay. Fine. You're not trying to
elicit what he suspected that to be?
MS. GAMBINO: No.
THE COURT: Okay.
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(Whereupon, the following was had in
open court, inside the presence and
hearing of the jury.)
THE COURT: Do you want to reread the question,
Miss Gambino, or do you recall the question, sir?
THE WITNESS: No, I don't.
MS. GAMBINO: I'll just ask it again.
THE COURT: Fine.
BY MS. GAMBINO:
Q Mr. Dunbar, what did the defendant say
to you?
A That he didn't have change.
Q Beyond that now, you agreed to go to the
gas station with him, correct?
A Yes.
Q And you're sitting in his car, correct?
A Right.
Q Why don't you drive in the defendant's
car?
A Because his power steering was messed
up.
Q Did he say anything else about why he
couldn't drive his car to the gas station?
A He was dirty.
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Q Did you and Flex then get out of his car
and go in Shelby's car?
A Yes, ma'am.
Q When you got to Shelby's car, who sat
where?
A I sat in the back, Flex sat in the front
on the passenger side.
Q Did you talk, the three of you, you and
Shelby and Flex once you got in the car?
A I couldn't really hear what they was
saying because the music was playing.
Q When you got to the gas station, what
happened?
A Flex opened the door and let me out. I
go inside, buy a Hostess cupcake and come out. He
let's me back in, and I give him his money.
Q Why did he have to get out of the car to
let you out?
A Because I was in the backseat. It's a
two door car.
Q Did you get the drugs before you left
69th and Yale?
A Yes, ma'am.
Q So when you go to the gas station,
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you're just going to get change and pay him for those
drugs?
A Yes, ma'am.
Q Did you go back to the car after you
bought the Hostess cupcakes?
A Yes.
Q Did you give the defendant his money?
A Yes, ma'am.
Q After that, where did you go?
A Back in front of my house, dropped Flex
off.
Q You dropped him off in front of your
house?
A 7024 -- about 7029, right across the
street from my house.
Q Why didn't you drop him off by his car?
A He said he could make it from there.
Q Where did you go after that?
A Towards work.
Q Did the defendant tell you that he had
anything else as he sat in the car?
A No. Only thing he said he was dirty,
that's all.
Q Did you testify before the Grand Jury on
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November 17th of 2008?
A Yes, I did.
Q And you came to this building and went
to the Grand Jury on the 4th floor, correct?
A Yes, ma'am.
MS. GAMBINO: Judge, if I could have just a
moment to let them know where I'm at?
(Brief pause.)
Q You went to the Grand Jury on
November 17, 2008?
A Yes, ma'am.
Q And you were asked questions about what
happened on October 24, 2008?
A Yes.
Q You were sworn to tell the truth?
A Yes, ma'am.
Q A lady state's attorney, not me, asked
you questions; is that correct?
A That's correct.
Q I'm going to ask you now, were you asked
this one question, and did you give this answer?
A Okay.
Q "Question: What happens once you get
into Flex's car?
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Answer: We transact business. He
didn't have no change, okay. We got in a little
conversation where I had to go get change. He said,
well, I can't drive. I'm dirty, you know, plus I got
a gun on me. So I say, well, we'll take you to the
station."
Were you asked that question and did you
give that answer?
A No, I didn't.
Q Now, when you were in the car and in the
backseat, you just told us -- this is on the drive to
the gas station -- that you couldn't hear the
conversation between the people in the front seat of
the car, correct?
A Correct.
Q And that was Shelby and Flex?
A Yes.
Q Did you have a conversation with Flex
inside the car on the way to the gas station?
A Not really. He was upset because his
wife, he say he saw her kissing somebody, a co-worker
or something.
MS. GAMBINO: May I approach, Judge?
THE COURT: Sure.
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BY MS. GAMBINO:
Q Mr. Dunbar, showing you what's
previously been marked as People's Exhibit Number 22,
do you recognize what's in that picture?
A Yes, ma'am.
Q Talk loud.
A Yes, ma'am.
Q What is that?
A That's Flex car.
Q Is that how it looked back in 2008?
A Yes.
Q Now I'm going to show you a picture that
has been previously marked as People's 25. Do you
recognize who is in that picture?
A That's Flex.
Q Is that how Flex was dressed when you
saw him that morning?
A No, ma'am.
MS. GAMBINO: Judge, I'm now going to ask to
publish a video, People's Exhibit Number 31 for
identification.
THE COURT: Okay. I assume the defense has
seen the video.
MR. KOZIBOSKI: Yes.
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THE COURT: Any objection to publishing it?
MR. KOZIBOSKI: No objection.
THE COURT: You may do so.
BY MS. GAMBINO:
Q Mr. Dunbar, on your screen it should
appear.
(Whereupon, exhibit played in open
court.)
BY MS. GAMBINO:
Q Do you recognize the car that's shown in
the video right there?
A Yes, ma'am.
Q Whose car is that?
A Shelby's.
Q Can you see whether people are sitting
in the front seat of that car?
A Yes, I can.
Q Do you see someone dressed in white?
A Yes, ma'am.
Q Who is that?
A Flex.
Q Do you recognize who is getting out of
the car?
A Flex.
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Q Is that how he was dressed that morning?
A Yes, ma'am.
Q What is that that he has on?
A A white hoody, dark pants.
Q Who is getting out of the car now?
A That's me getting out the back.
Q Again, who is driving this car?
A Shelby.
Q What are you doing in this part of the
video?
A Purchasing a Hostess cupcake to get
change.
Q What are you doing right there?
A Seeing which cake I want to buy.
Q Is that you going up to the counter?
A Yes, ma'am. That's me right there.
Q Is that you getting your change?
A Yes, ma'am.
Q What's happening in this part of the
video?
A Flex get out to let me back in the car.
Q After you leave the gas station, then
you go back to Wentworth Avenue; is that correct?
A Yes, ma'am.
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Q When you got back in the car after what
we just saw, did you give anything to Flex?
A Yes. I gave him his $10 for the
purchase of the cocaine.
MS. GAMBINO: If I could have just a moment,
Judge?
THE COURT: Sure.
(Brief pause.)
Q Mr. Dunbar, did that video that you just
watched truly and accurately show what happened the
morning of October 24, 2008?
A Yes, ma'am.
Q And the people who were pictured were
you and Flex that you identified?
A Yes, ma'am.
MS. GAMBINO: Thank you.
THE COURT: Cross.
MS. GAMBINO: I have no other questions right
now. Thank you.
CROSS-EXAMINATION
BY
MR. KOZIBOSKI:
Q Good afternoon, Mr. Dunbar.
A How you doing, sir?
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Q I'm well, thank you.
Mr. Dunbar, when you first saw Flex on
the morning of October 24th, he was walking south on
Wentworth, correct?
A He was walking back north, walking from
south.
Q He was walking from the south, back to
the north?
A Yes.
Q And I'm sorry if I missed this, he was
on the east side or west side of the street?
A West side.
Q West side of the street. Same side as
where you live?
A Yes.
Q And your house is right behind the
Hudson house?
A Yes.
Q And you had this conversation about his
car?
A Yes.
Q His power steering was --
A Busted.
Q Was busted?
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A Right.
Q How long have you been a mechanic?
A About 40 years.
Q Entire adult life?
A Yes. From 11 years old.
Q Since you were 11 years old.
Before you could legally drive, you were
a mechanic?
A No. I had it in grade school. From 7th
grade until we graduated, Indiana.
Q And you've dealt with all kinds of
problems with cars?
A Yes, sir.
Q You've dealt with power steering
problems?
A Yes, sir.
Q And you know what it's like to try to
drive a car when power steering is broken?
A Yes.
Q You can drive the car?
A That's true.
Q But it's much more difficult to steer?
A A lot of muscle.
Q And sometimes it gets more and more
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difficult as the problem gets worse, right?
A No.
Q It stays equally difficult?
A Yes.
Q But it's hard to drive a car, but you
can do it, right?
A Right.
Q And that was the problem that
Mr. Balfour said that he was having with his car,
right?
A Yes, sir.
Q When you saw Mr. Balfour's car, it was,
you said, at 69th and Yale, right?
A Yes.
Q And you were at 7024 South Wentworth at
the time, right?
A I was living at.
Q Where you lived?
A Yes.
Q So this would be one block over from
you?
A Yes.
Q One block to the west and about a block
to the north?
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A Right.
Q And Yale at that point goes up into a
little sort of cul-de-sac or traffic circle type
thing?
A Yes, sir.
Q And when you drove to Mr. Balfour's car,
he was up in that traffic circle type thing, right?
A No. He was parked out of the circle.
Because we had to make a U, and we pulled right behind
him. He was parked legally, so he wasn't in the
circle.
Q Okay. So he was actually parked a
little bit south of the circle, but toward the far end
of the street; would that be accurate?
A No. Down at the end of the street.
Q So closer to 69th than to 70th, correct?
A Right.
Q And your house is in the middle of the
block of 70th to 71st and Wentworth?
A Right.
Q About halfway?
A Right.
Q Now, when you mentioned about this gun,
about what Mr. Balfour said about the gun?
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A No, he didn't say nothing to me about no
gun. He told me he was dirty. He didn't say nothing
about no gun.
Q He never told you about a gun?
A No.
Q And you were in his car?
A Yes.
Q And you never saw a gun?
A Not as far as I know.
Q And you saw him?
A Yes.
Q And you never saw a gun?
A No.
MS. GAMBINO: Objection.
THE COURT: Basis?
MS. GAMBINO: This is beyond direct.
THE COURT: Objection is overruled.
BY MR. KOZIBOSKI:
Q You said -- strike that.
When you were in his car, did you look
in the backseat of the car?
A No.
Q So you couldn't tell if there were any
clothes in the backseat or anything like that?
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A No.
Q You didn't look in the trunk of the car?
A No, sir.
Q After you dropped Mr. Balfour off, he
gets out of Mr. Lightfoot's car?
A Yes.
Q Because he said he could walk from
there?
A Yes.
Q And he walked back towards where his car
was, right?
A I don't know which way he went.
Q You don't know which way he went?
A No.
MR. KOZIBOSKI: May I have a moment?
THE COURT: Yes.
(Brief pause.)
MR. KOZIBOSKI: Nothing further. Thank you,
sir.
THE COURT: Any redirect?
REDIRECT EXAMINATION
BY
MS. GAMBINO:
Q Mr. Dunbar, to be clear, you can have
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trouble with your power steering, but you can still
drive that car?
A Yes, ma'am.
Q I want to clarify one other thing.
Flex's car, is it down by the dead end, or was it at
the other end of the block?
A It was down by the dead end.
Q But not in the dead end?
A Not in the dead end.
Q Was there enough room behind Flex's car
for Shelby to pull up behind him?
A Yes, ma'am.
MS. GAMBINO: Thank you.
THE COURT: Any recross?
MR. KOZIBOSKI: Nothing on that, Judge. Thank
you.
THE COURT: Any recross?
MR. KOZIBOSKI: No, Judge. Thank you.
THE COURT: You can step down. Please do not
discuss your testimony with anyone who might testify
in this matter.
THE WITNESS: Okay.
(Whereupon, the witness was excused.)
MS. GAMBINO: Judge we're going to proceed by
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way of stipulation now.
THE COURT: Ladies and gentlemen, a
stipulation, I believe I told you yesterday, is an
agreement by and between the parties that certain
items or evidence is not in dispute. You can consider
a stipulation as if a live witness testified to that
particular fact or event.
You may proceed.
MS. GAMBINO: I'm sorry, Judge. It may take me
a minute to get the stipulation.
(Brief pause.)
MS. GAMBINO: It is here by stipulated by and
between the parties that if called to testify Mohammad
Vika, M-o-h-a-m-m-a-d, V-i-k-a, would testify as
follows:
In October of 2008, Mohammad Vika was
the manager of the Citgo gas station located at 7114
South Vincennes in Chicago. On October 24, 2008, the
Citgo gas station was equipped with security cameras.
These cameras were linked to a video surveillance
system which was equipped with a time and date stamp.
On October 24, 2008, security cameras
and video surveillance system were functioning
properly and the time and date stamp accurately
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reflected the time and date of the events captured by
the security cameras.
Mr. Vika would identify People's Exhibit
Number 32 as a recording of images captured by the
video surveillance system at the Citgo gas station on
October 24, 2008. It is a true and accurate recording
of the images captured by the system at the date and
time stamped on the video.
Mr. Vika made a copy of the video for
Chicago Police Department personnel. The video was
inventoried by Chicago police officers under Inventory
Number 11499942 using standard Chicago Police
Department inventory procedure.
A proper chain of custody was maintained
over the evidence at all times.
So stipulated?
MR. KOZIBOSKI: So stipulated.
THE COURT: That stipulation will be entered
into as evidence.
MS. GAMBINO: Judge, we'd now ask to play
People's Exhibit Number 32, the video referred to in
this stipulation.
MS. THOMPSON: No objection.
THE COURT: You may do so.
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(Whereupon, videotape was played in
open court. )
MS. GAMBINO: That concludes it.
THE COURT: Are you prepared to call a witness?
MS. GAMBINO: Yes.
THE COURT: You may do so.
Sir, could you step in the witness box.
(Witness duly sworn.)
LONNIE SIMPSON,
called as a witness on behalf of the People of the
State of Illinois, having been first duly sworn on
oath, was examined and testified as follows:
DIRECT EXAMINATION
BY
MS. BAGBY:
Q In a nice, loud, clear voice, could you
introduce yourself by stating your first and last
name?
A Simpson.
Q Lonnie, how old are you?
A 36.
Q Do you currently live in the City of
Chicago?
A No.
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Q Where do you live?
A I live in Lansing, Michigan.
Q Did you grow up in Chicago, or did you
grow up in Michigan?
A I grew up in Chicago.
Q Do you currently work?
A Yes.
Q What do you do for a living?
A I work security for the J. Hudson
Productions.
Q You work security for Jennifer Hudson?
A Yes.
Q I want to talk to you about your
relationship with Jennifer Hudson and Julia Hudson and
Jason Hudson. How are you related to them?
A We have the same father.
Q And did you grow up knowing Jennifer and
Julia and Jason your whole life?
A No.
Q When did you discovery that you were the
half brother of Jason Hudson and Julia and Jennifer?
A Well, I went to my grandmother's funeral
in 1998, and I met them there.
Q And from the time that you met them in
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1998, did you become friends with your brother, Jason
Hudson?
A Yes.
Q How close were you -- did you and Jason
Hudson become in your life?
A Very close.
Q At the time that you first met Jason,
were you living in Chicago, or were you living up in
Michigan?
A I was living in Michigan.
Q How often would you come to Chicago to
see Jason when you first met him?
A Probably a lot, like out of a week,
probably anywhere from three to five times.
Q At some point in time, did Jason move to
Michigan?
A Yes.
Q Do you recall approximately when Jason
moved to Michigan?
A I don't recall approximately when he
moved to Michigan, but probably about 2001.
Q While Jason was in Michigan, what was
Jason doing for a living?
A In Michigan? Well, we hung out
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together. We just basically hanging out, he hung out
with me.
Q At some point in time while Jason was in
Michigan, did he get shot?
A Yes.
Q Where did he get shot?
A He got shot in his leg.
Q Now, after Jason got shot in the leg,
did he move back to Chicago?
A Yes.
Q And he moved back into the house with
his mom on Yale?
A Yes.
Q 7019 South Yale?
A Yes.
Q After Jason moved back to Chicago, would
you come down to Chicago to see him and see the rest
of the family?
A Yes.
Q What did Jason do for a living when he
was living on Yale?
A Sold drugs basically.
Q He sold drugs?
A Yes.
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Q Did he sell what would be referred to
the street as weight?
A No.
Q What does that mean, to sell weight?
A To sell weight is -- well, you have to
have a lot of drugs to sell weight.
Q And how do you know about Jason's drug
business?
A I sold drugs with him.
Q What kind of drugs would Jason sell?
A Well, he sold $10 rocks. $10 bags of
crack.
Q In order to conduct his business, did
Jason have a cell phone?
A Yes. He had two.
Q Was one of those phones a phone number
with a Michigan prefix?
A Yes.
Q Was the other one with a Chicago area
code?
A Yes.
Q How would Jason conduct his business?
A People would call him, and he'd get in
his trunk and go to their house or meet them wherever
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they were.
Q Did Jason sell drugs out of the house on
Yale?
A No.
Q When Jason would drive to meet the
people to sell drugs in 2008, what kind of vehicle was
Jason driving?
A He had a white Chevy Suburban.
Q Did you ever ride in the white Chevy
Suburban with Jason?
A Yes.
Q Did you ever drive the white Chevy
Suburban?
A Yes.
Q What kind of keys did Jason have for his
Suburban? Can you describe the key, his keys? Did he
have a remote on his keys?
A Yes.
Q Can you describe the remote that he had
for his you suburban on his keys?
A The remote, probably about three inches.
It was shaped like a car, like a four door car, and
like if someone was touching the passenger door, then
on the remote from his key fob, then that's the door
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that would go off. It would blink red. Or if someone
touched the trunk, then where the trunk at it would
blink red. So all the positions on the car were
accounted for on the key, on the alarm.
Q When you would drive Jason's SUV, would
you use that same set of keys to drive the SUV, or
would you use different keys?
A I used that same set.
Q Do you know someone by the name of
Reggie?
A Yes.
Q Who is Reggie?
A Reggie was -- he's a good friend of my
brother's that stays through the alley.
Q He's a good friend of Jason's?
A Yes.
Q He lived behind the house on Yale,
behind the alley in a building on Wentworth?
A Yes.
Q Now, would Reggie ever drive Jason's
SUV?
A Yes.
Q You'd see that?
A Yes.
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Q When Reggie would drive Jason's SUV, did
you see what keys Reggie used to drive the SUV?
A Yes.
Q What keys?
A The same keys I used.
Q Now I'm going to ask you if you know
some other individuals. Do you know an individual by
the name of James Payton?
A Yes.
Q Who is James Payton?
A He's good friends with my brother.
Q He was good friends with your brother,
Jason?
A Yes.
Q How long have you known James Payton?
A I've known James since I've known Jason.
Q Does James have a nickname?
A Bear.
Q Bear?
A Yes.
Q Would you ever see James Payton in the
SUV?
A Yes.
Q Do you know an individual by the name of
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Big John or John Jones?
A Yes.
Q How do you know Big John?
A He was at my brother's house, him and my
brother were good friends. He stayed down the street,
but on the same block.
Q Would you ever see Big John in Jason's
SUV?
A Yes.
Q Do you know somebody by the name of
Little Bobby or Bobby Moore?
A Yes.
Q How do you know Little Bobby?
A He was one of my brother's friends.
Q Did he also stay on the block on Yale
sometimes?
A Yes.
Q Did you ever see Little Bobby in Jason's
SUV?
A Yes.
Q Do you know somebody by the name of
Fronzell Hill or Allen?
A Yes.
Q How do you know that person?
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A He stayed down the street from Jason,
and they were good friends.
Q Would you ever see Allen or Fronzell
Hill in Jason's SUV?
A Yes.
Q Do you know a young boy by the name of
Jarvis Williams?
A Yes.
Q How do you know Jarvis?
A He stayed down the street on the dead
end on 71st and Yale. When they moved on 71st and
Yale, my brother took a liking to him and kind of kept
him around and made sure he had his hair cut and made
sure he was going to school and stuff like that.
Q Was Jason like a big brother to Jarvis?
A Yes.
Q Do you know one of Jason's cousins by
the name of Charles Hudson?
A Yes.
Q How do you know Charles Hudson?
A It was Jason's cousin. He used to be at
the house with Jason.
Q Would you ever see Charles Hudson in
Jason's SUV?
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A Yes.
Q Did you ever see Charles Hudson drive
Jason's SUV?
A Yes.
Q Let me back up. Jarvis, the kid that
Jason took under his wings, did you see Jarvis ride in
Jason's SUV?
A Yes. He's ridden in it before many
times.
Q Do you know someone by the name of Kent
Williams?
A Yes.
Q How do you know Kent Williams?
A He stayed across the street. He was
friends with Jason.
Q Did you ever see Kent Williams riding in
Jason's SUV?
A Yes.
Q Now, I'm going to ask you, do you know
somebody by the name of Flex?
A Yes.
Q How do you know Flex?
A He was married to my sister, Julia.
Q Do you see Flex in court today?
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A Yes.
Q Can you point to him and describe
something he's wearing?
A Right there. He's wearing a white shirt
and nice-looking tie.
MS. BAGBY: I'd ask the record to reflect the
in-court identification of the defendant by the
witness.
THE COURT: The record will so reflect.
BY MS. BAGBY:
Q Now I want to talk to you a little bit
about some other people and ask whether or not you
know any of them.
Do you know somebody by the name of QB
or Quincy Brown?
A No.
Q Patrick Norman?
A No.
Q Damien Williams?
A No.
Q A guy by the nickname of Duke?
A No.
Q A guy by the nickname of Ty?
A No.
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Q You talked a little bit -- or we talked
a little bit about the fact that Jason had been shot
before up in Michigan. After Jason got shot in
Michigan and came back to Chicago, did you get
anything for Jason?
A Yes.
Q What did you get for him?
A I got him a gun.
Q Why did you get him a gun?
A I got him a gun for his protection.
When my father first told me that I had a brother, he
told me that someone had shot him in the leg, and he
told me to get him a gun. He felt like I needed to
get him a gun.
Q So you got Jason a gun. Where did you
get the gun?
A I got it at Hartford, Michigan.
Q Do you recall when in 2007 you got the
gun?
A Somewhere around November, it could have
been.
Q After you bought the gun, did you ever
fire the gun?
A Yes.
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Q Where did you shoot the gun?
A I shot the gun at my house in Michigan.
Q In your backyard?
A Yes.
Q At some point after November of 2007,
did you give the gun to Jason?
A Yes.
MS. BAGBY: Judge, may I approach?
THE COURT: Yes. Just have the sheriff check
it.
BY MS. BAGBY:
Q Showing you what's previously been
marked as People's Exhibit Number 27 for
identification, do you recognize what this is?
A Yes.
Q What is this?
A It's a handgun.
Q What handgun is this?
A That's the gun I gave to my brother,
Jason.
Q This is the gun that you bought in
Michigan and gave to Jason?
A Yes.
Q How do you recognize it?
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A (No audible response.)
Q You've seen it before?
A I've seen it before. I shot it. It
looks like the same gun.
Q Does this gun -- with the exception of
the markings and writing on it, does this gun look to
be in the same or substantially the same condition as
it was when you bought it for your brother, Jason, and
gave to it to him?
A Yes. This kind of stuff -- that little
rust, that wasn't there.
Q With the exception of the rust and the
markings?
A Yes.
Q Sometime in February of 2008, were you
living in Chicago, or were you living in Michigan?
A I was living in Michigan.
Q At that point, you had given this gun to
your brother Jason?
A Correct.
Q At some point in time did you have a
conversation with the defendant about this gun?
A Yes.
Q Who called who? I'm sorry, was that a
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conversation in person or was it over the phone?
A It was a phone conversation.
Q Who called who?
A I called William.
Q When you called the defendant did you
ask him if he had the gun?
A Yes.
Q What did the defendant tell you about
the gun?
A At first he said no, he didn't have it.
Q Did he then state to you that he had, in
fact, taken the gun?
A Yes, he did.
Q After the defendant told you in that
phone conversation that he took the gun, did you tell
him to give the gun back to Jason?
A Yes.
Q What did the defendant say he was going
to do regarding the gun and Jason?
A He said he was gonna give it back to
Jason and apologize to Jason.
Q After you had that phone conversation
with the defendant, at some point did you see your
brother Jason?
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A After?
Q Yes.
A Yes.
Q Did you see the gun in Jason's
possession at that point in time?
A Yes.
Q You talked a little bit before about the
fact that Jason sold dime bags of cocaine?
A Yes.
Q Are you familiar with where Jason would
get his drugs from?
A Yes.
Q And the way Jason would buy his drugs
from his supplier?
A Yes.
Q Did Jason buy his drugs on credit?
A No.
Q He paid cash?
A Yes.
Q To your knowledge from helping Jason
with the business, did he owe anybody any money for
drugs?
A Not one person.
Q Can you describe Jason's relationship
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with the people in the neighborhood, what you saw of
his interactions with the people in his neighborhood.
MS. THOMPSON: Objection to the vagueness,
Judge.
THE COURT: I'll allow it, if he can answer.
BY MS. BAGBY:
Q You can answer.
A How was Jason's relationship with the
people in the neighborhood?
Q Yes.
A Very beautiful.
Q Did Jason have any enemies in the
neighborhood?
A No.
MS. THOMPSON: Objection.
THE COURT: Overruled. Answer stands.
MS. BAGBY: If Jason saw somebody in the
neighborhood that didn't have something to eat, what
would he do?
MS. THOMPSON: Objection, your Honor.
THE COURT: Sustained.
MS. BAGBY: Can you explain or describe Jason's
relationships and the way Jason was with the people in
the neighborhood?
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MS. THOMPSON: Objection, your Honor.
THE COURT: Objection to the form of the
question. Sustained.
MS. BAGBY: Did Jason have any enemies?
MS. THOMPSON: Objection. Asked and answered.
THE COURT: I think I did allow that. That's
been asked and answered.
MS. BAGBY: Just a moment.
(Brief pause.)
BY MS. BAGBY:
Q When you would come to visit Jason in
the city would he have a barbecue?
A Yes.
Q How many people would be at the
barbecue?
MS. THOMPSON: Objection. Relevance.
THE COURT: I don't know whether it's relevant
or not. I'll allow it, though. Go ahead.
THE WITNESS: A lot of people. Like everyone
from the neighborhood basically would come, stop
through, or they'd be driving down passed the block,
they will stop and grab a piece of something to eat,
kids would come, they could get pops and know they
could have hot dogs. Basically if Jason cooked, then
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that --
MS. THOMPSON: Objection to the narrative,
Judge.
THE COURT: Objection sustained. Pose another
question.
BY MS. BAGBY:
Q Were you in Chicago on October 24th of
2008?
A No.
Q When was the last time that you saw your
brother Jason alive?
A October 22nd.
Q When you would come to Chicago and visit
the family where would you stay?
A I stayed in a room with Jason.
Q So you're familiar with how Jason slept?
A Yes.
Q What kind of sleeper was Jason?
A Very heavy.
Q Did he get up early in the morning?
A No.
Q Sleep late?
A Yes.
Q Did it take a lot to wake him up?
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A Yes.
Q So on October 24th of 2008 you were in
Michigan?
A Yes.
Q Did you find out something that happened
to your brother Jason and to Julian and to Jason's
mom?
A Yes.
Q Did you come to Chicago then on
October 25th of 2008?
A Yes.
Q At some point after Julian Hudson was
found, around the 28th or 29th of October, did you go
into the Hudson house?
A I did.
Q Who did you go into the house with?
A I went into the house with James Payton.
Well, we were police escorted in the house. I went in
the house with James Payton, my sister's friend
Robbyn, my sister Angela, my sister Karen, and my
niece Latrice. I think that was it.
Q When you went into the house did you see
any items of value still in the house on Yale?
A Yes.
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Q What kind of things did you see in the
house on Yale on October 28th or 29th of 2008?
A Everything basically. Wasn't nothing
missing. I got a flat screen TV that was in my
brother's room. I got his Playstation 3 that was on
the floor. He had like a basketball or football
jersey collection, high priced jerseys.
Q Were the jerseys still in the house?
A Yes. I took them out of the house.
Q About how many jerseys did Jason have?
A Around ten.
Q How much, if you know, did each one of
those jerseys cost?
A The cheapest one was like $300.
Q And they were all still there when you
went back in the house after Julian's body was
discovered?
A Yes.
Q Were there computers in the house?
A Yes.
Q Were those computers still there when
you went in the house?
A Yes.
Q Was there stereo equipment in the house?
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A Yes.
Q Was the stereo equipment still there in
the house when you went back in?
A Yes.
Q Did Julia have a pretty extensive
collection of shoes in her room?
A Yes. Like 200 new pair of gym shoes
still in the box.
Q Were they all still in her room when you
went back in the house after Julian's body was
discovered?
A Yes.
Q Was there a treadmill in the living room
of the house?
A Yes.
Q Do you remember when the Hudson family
got that treadmill?
A Yes. Jennifer bought it for Julia
because Julia said she wanted to workout.
Q That treadmill was pretty new in October
of 2008?
A Yes.
Q Do you know how much that treadmill
cost?
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A It cost like --
MS. THOMPSON: Objection.
THE COURT: If he has any personal knowledge
I'll allow it. If he's just speculating I'm going to
sustain it.
THE WITNESS: It cost $7,000.
BY MS. BAGBY:
Q Was the treadmill still there when you
went back in the house in October of 2008?
A Yes, it was.
Q We talked about some of the people who
would ride in Jason's SUV. Obviously you knew Julian
King?
A Yes.
Q Would you ever see Julian ride in the
SUV with Jason?
A He could have been in there with him,
yes. Yes.
Q And what was Julian's nickname?
A Juice.
Q May I approach the witness?
THE COURT: Sure.
BY MS. BAGBY:
Q I'm showing you what's already been
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marked as People's Exhibit Number 1 for
identification. What is this a picture of?
A My brother's house.
Q And I'm showing you what's been marked
as People's Exhibit Number 24 for identification. Do
you recognize what this is a picture of?
A My brother's truck.
Q That's Jason's white SUV?
A Yes.
Q At this time I would seek leave to
publish People's Exhibits 1 and 24. They've
previously been admitted into evidence.
THE COURT: They've been previously been
published, too, have they not?
MS. BAGBY: I know 1 has.
THE COURT: Any objection to that?
MS. BROWN: No objection.
BY MS. BAGBY:
Q If you look on your screen, People's
Exhibit Number 1, that's the house on Yale?
A Yes.
Q People's Exhibit Number 24, what's that?
A Jason's truck.
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Q Thank you. If I could have just a
moment.
THE COURT: Yes.
(Brief pause.)
BY MS. BAGBY:
Q What town were you living in when you
bought the gun for Jason and you shot it in your
backyard?
A I was living in Lansing, Michigan.
Q We talked about when Jason got shot in
the leg?
A Yes.
Q Were you there when he got shot?
A Yes.
Q Do you know approximately when that was
when he got shot in the leg?
A I think it was early December of 2007.
I know it was in December. I don't remember the
actual year.
Q Well, would it have been -- it would
have been before you bought Jason the gun?
A He got shot before I bought him the gun,
yes.
Q Could it have been in 2004?
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A It could have been.
Q After Jason got shot in the leg in 2004
how was his mobility? Was he able to get around?
A Not too good. At first not too good, he
wasn't able to get around. At first not too good,
when he first got out of the hospital.
Q Did he walk with a cane?
A Yes.
Q Even in 2008 was his leg wound healed?
A It wasn't healed, but he was able to
walk much better.
Q May I approach?
THE COURT: Yes. You don't have to keep
asking.
BY MS. BAGBY:
Q Showing you what's been marked
previously as People's Group Exhibit 29, specifically
one part of it which I believe labeled 29B, do you
recognize any of the key alarms or the car alarms on
this ring of keys?
A No.
Q Are either one of these car alarms on
these key chains Jason's car alarm?
A No.
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Q Aside from all the people that I asked
you about earlier, did you ever see any female friends
of Jason's in the SUV with him?
A I seen two ladies in there with him
before, I don't remember their names, but yes, I have.
MS. BAGBY: I have nothing further.
THE COURT: Cross.
CROSS-EXAMINATION
BY
MS. THOMPSON:
Q Afternoon, Mr. Simpson.
A How you doing, ma'am.
Q Good. How are you?
A All right.
Q Mr. Simpson, you've just testified that
although you're brothers with the Hudson siblings,
Jennifer, Julia and Jason, you hadn't met them until
1998, correct?
A Correct.
Q But when you met them you became very
close to Jason, correct?
A Yes.
Q In fact, you testified that there were
times when you would come down to Chicago in October
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of 2008 and, in fact, a lot of 2008, and you would
sleep in the same bed with Jason, correct?
A Correct.
Q And this is a nine bedroom house,
correct?
A Yes.
Q But you would sleep in the same bed with
your brother?
A Yes.
Q Because you were extremely close with
him?
A Well, when Julia was at work I used to
get up and go lay in her bed also.
Q Well, you were extremely close with your
brother?
A Yes.
Q And, in fact, in 1998, after your father
told you about him, you said you met him at your
grandmother's funeral, correct?
A Yes.
Q And then your father explained to you
that you had a brother?
A Yes, and two sisters.
Q When he talked to you about that, you
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found out from your father that he had been shot
before you even met him, correct?
MS. BAGBY: Objection. Hearsay.
THE COURT: That would be hearsay. Objection
sustained.
BY MS. THOMPSON:
Q Well, your father is the person who
asked you to get Jason a gun, right?
A Correct.
Q And he asked you to do that in 1998?
A Yes.
Q And you didn't do that in 1998?
A No.
Q Even though he told you he had been
shot, right?
MS. BAGBY: Objection. Hearsay.
THE COURT: Objection is going to be sustained.
I think this has come out, but go ahead. It is
hearsay, so I'll sustain it.
MS. THOMPSON: That was the purpose for getting
him a gun in 1998, was that he needed protection then,
correct?
MS. BAGBY: Objection.
THE COURT: Overruled. He can answer.
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THE WITNESS: Yes.
BY MS. THOMPSON:
Q But you really hadn't spent any time
with him yet, correct?
A Correct.
Q And you didn't want to go and risk
something like buying a gun because you didn't really
know him yet, right?
A No.
Q And in 1998 he was living in -- I'm
sorry?
A No, I didn't. The question that you
asked me, I'm telling you no, I'm not in agreeance
with you.
Q So you didn't tell the Grand Jury that
the reason you didn't want to buy him a gun in 1998 is
because you didn't know him yet?
MS. BAGBY: Objection. Improper.
THE COURT: If you could be a little more
specific with foundation.
BY MS. THOMPSON:
Q You testified before the Grand Jury in
this case?
A Yes.
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Q And that was here in Chicago?
A Yes.
Q And, in fact, it was a juror who asked
you a question, right?
A True.
Q And the juror asked you --
MS. BAGBY: Objection. No foundation. It's
not impeaching.
THE COURT: I don't know if it's impeaching
yet. I didn't hear the question. Can you lay the
date of the Grand Jury testimony, please.
BY MS. THOMPSON:
Q Sure. It will take me a minute. This
is out of order.
You testified before the Grand Jury
November 19, 2008?
A Yes.
Q And when you were talking in front of
the Grand Jury you told them that your father asked
you to buy Jason a gun in 1998?
A Yes.
Q And they asked you why you didn't get --
MS. BAGBY: Objection. Foundation and it's
improper impeachment.
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THE COURT: I assume we're talking about the
Grand Jury testimony in November of 2008, correct?
MS. THOMPSON: Yes.
THE COURT: Ask the specific question if you're
seeking to lay a foundation or to impeach this
witness.
BY MS. THOMPSON:
Q It's your testimony today that you
didn't buy him a gun for some other reason than you
didn't know him yet, correct?
A I had never met him.
Q I'm sorry. I apologize. I misspoke.
So you never bought him a gun because in 1998 you
learned about your brother before the funeral, right?
A I learned about my brother before the
funeral. I never seen him. I never met him.
Q I'm sorry, that was my misunderstanding,
I apologize. The story you told about meeting him for
the first time, that's when you met him, but you did
know about him from your father?
A Yes. I knew about him, but I didn't
meet him.
Q And the way you knew about him from your
father is that your father asked you to buy him a gun?
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A That wasn't the first thing he said.
Q But it was before you had even met him
at your grandmother's funeral?
A Yes.
MS. BAGBY: Objection, Judge. Relevance.
THE COURT: Can we get to something relevant
here. Just ask specific questions.
MS. THOMPSON: Judge, he's answering my
questions. It was relevant.
THE COURT: Please don't argue with me. Pose
another question.
BY MS. THOMPSON:
Q Mr. Simpson, when you met him he was
living in Chicago and you were living in Michigan?
A Correct.
Q And at some point he came to live with
you in Michigan?
A Correct.
Q And that was Lansing, Michigan?
A No. That was Covert, Michigan.
Q In Covert, Michigan when was it that
Jason came to live with you?
A I don't remember the actual date.
Q Do you remember what year?
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A No, I don't remember the actual year.
Q He lived with you for approximately four
years, correct?
A Correct.
Q And you know he was living there in
2004, right?
A Yes.
Q Because that's when he was living with
you that he got his leg shot?
A Yes.
Q And he got his leg shot seven times,
correct?
A I think it was like five gunshots to his
leg.
Q It's your testimony today that you think
it was five gunshots?
A Yes.
Q But it was when someone broke into your
house in Covert, Michigan?
A Yes.
Q Your testimony to the jury today was
that when Jason lived in Covert, Michigan he was an
adult, right?
A Yes.
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Q How much younger was Jason than you?
A He's four years younger than me.
Q So he was an adult living there,
correct?
A Correct.
Q And you said that what he did for a
living was he hung out with you in Covert, Michigan?
A Yes.
Q He didn't have a regular job?
A No.
Q He didn't get a paycheck?
A No.
Q He basically lived off you is your
testimony?
A Yes.
Q What was your job?
A I sold drugs.
Q So when somebody broke into the house in
Covert, Michigan, that's where you were living when
you were selling drugs in Covert, Michigan?
A Yes.
Q You also said that at some point you did
decide to buy Jason a gun?
A Yes.
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Q And when you decided to buy Jason a gun
you didn't go to a gun store?
A No.
Q You didn't go and get a FOID card?
A No, I didn't.
Q You didn't do any of the legal processes
it takes to get a legal gun for your brother, correct?
A Correct.
Q You went on the street, right?
A Correct.
Q And you said today it was Hartford,
Michigan, but it was Benton Harbor, Michigan, correct?
A Yes, it could have been. It's the next
town over, you know.
Q So it's not a big memory of yours where
you bought this gun on the street.
MS. BAGBY: Objection. Argumentative.
THE COURT: It is. Sustained. Pose another
question, please.
BY MS. THOMPSON:
Q You don't remember the precise area
where you bought this gun?
A I bought the gun in Hartford, Michigan.
Q Before I asked you if it was Benton
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Harbor and you said yes, it was Benton Harbor?
MS. BAGBY: Objection. Argumentative.
THE COURT: Sustained. Let's move on.
BY MS. THOMPSON:
Q You talked at the Grand Jury about where
you bought the gun, didn't you?
A Yes, I did.
Q And at the Grand Jury -- Judge, I'll
move on.
Once you bought the gun for Jason, you
gave it to Jason?
A No. I shot it first.
Q You shot it. Where did you shoot it?
A In Covert, Michigan, behind my house.
Q Were you living at Covert, Michigan at
the time?
A No. My grandmother was. I was living
in Lansing, Michigan.
Q Is this place where your grandmother
lived in Covert, Michigan the same place where Jason
was living when he got his leg shot?
A No.
Q So there was another location in Covert,
Michigan?
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A Yes.
Q And that was where your grandmother
lived?
A Yes.
Q Back in October of 2008 you were living
in Lansing?
A Yes.
Q In Lansing you didn't have a job?
A No.
Q What you would do for a living is you
would come to Chicago and sell drugs with Jason?
A Basically.
Q In fact, that's how you earned your
money?
A Yes.
Q You said that Jason was able to pay for
the drugs that both of you sold in cash, correct?
A I was able to pay for them, also.
Q You made enough money to pay for them in
cash?
A Yes.
Q And he made enough money to pay for them
in cash?
A Yes.
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Q And you understand that selling weight
or selling something more than a dime bag is a more
serious crime than selling drugs at a dime bag,
correct?
A Would you say that again?
Q You understand that you can get in more
trouble legally for selling weight or selling large
amounts of drugs than you can for selling dime bags,
right?
MS. BAGBY: Objection to relevance.
THE COURT: I'll allow the witness to answer
this question. Do you understand that, sir?
THE WITNESS: No. Would you explain that.
BY MS. THOMPSON:
Q You understand that it's a crime to sell
illegal drugs, correct?
A Yes.
Q And we are talking about you selling
illegal drugs with Jason, correct?
A Correct.
Q And you understand that selling large
amounts of drugs, you can get a harsher criminal
penalty than if you sell smaller amounts of drugs,
correct?
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A If you get caught.
Q And it's your testimony that you and
Jason only sold dime bags?
A Yes.
Q Now, you testified that there were a lot
of people that would be in Jason's SUV, right?
A Yes.
Q And in Jason's SUV you said there
sometimes was a Bobby Moore?
A Yes.
Q Sometimes there was Jarvis?
A Yes.
Q Sometimes there was Reggie?
A Yes.
Q Sometimes there was -- you said a number
of other people, correct?
A Correct.
Q A lot of people from the neighborhood?
A Uh-huh.
Q Is that a yes?
A Yes.
Q James Payton?
A Yes.
Q You also told the ladies and gentlemen
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of the jury that one of the things that Jason used
this SUV for was to deliver drugs, correct?
A Correct.
MS. THOMPSON: I have nothing further, Judge.
THE COURT: No other questions.
MS. THOMPSON: No other questions.
THE COURT: Any redirect?
MS. BAGBY: No, Judge. No redirect.
THE COURT: You can step down, sir. Please do
not discuss your testimony with anyone who may testify
in this matter.
MS. BAGBY: May we approach?
THE COURT: Sure. If you want to get up and
stretch, go ahead.
(Whereupon, a sidebar conference
was had outside the hearing of the
jury and the court reporter.)
THE COURT: We're going to take a short recess.
The jury can go back to the jury room. Before
everybody leaves, remember, you can't talk about the
case.
(Whereupon, a recess was taken.)
THE COURT: Bring the jury in.
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(Whereupon, the following was had
in open court, inside the presence
and hearing of the jury.)
THE COURT: We're back in court with the
jurors. We have Mr. Balfour and the attorneys here.
State, are you prepared to call your next witness?
MS. BAGBY: Yes, Judge.
(Witness duly sworn.)
DONALD FANELLI,
called as a witness on behalf of the People of the
State of Illinois, having been first duly sworn on
oath, was examined and testified as follows:
DIRECT EXAMINATION
BY
MS. BAGBY:
Q In a nice loud, clear voice could you
introduce yourself by stating your first and last
name, and if you could spell your last name for the
court reporter?
A My name is Donald Fanelli.
F-a-n-e-l-l-i.
Q Are you currently employed?
A No. I'm retired.
Q Who are you retired from?
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A Chicago Police Department.
Q When did you retire from the Chicago
Police Department?
A January of last year.
Q How long were you employed with the
Chicago Police Department?
A 28 years.
Q What was the last position that you had
with the Chicago Police Department at the time that
you retired?
A Forensic investigator.
Q How long were you a forensic
investigator?
A Six years.
Q Prior to being a forensic investigator
what was your position with the police department?
A I was an evidence technician for a
number of years and I was a patrolman for most of my
career.
Q I want to talk to you specifically about
your work as a forensic investigator. What are your
duties or what were your duties as a forensic
investigator?
A Well, we process crime scenes that are
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either homicides, serious aggravated batteries likely
to cause death, multiple involved scenes, police
involved shootings, and scenes that might require
specialized equipment.
Q Were you working as a forensic
investigator on October 24th of 2008?
A Yes.
Q What shift or watch were you working
that day?
A Third watch.
Q And the third watch, was that
afternoons?
A It's 2:00 to midnight. 2:00 in the
afternoon until midnight.
Q Did you receive an assignment on
October 24, 2008, to go to the location of 7019 South
Yale?
A Yes.
Q What was the nature of that assignment?
A We were told there was a double homicide
in the residence at that address.
Q Did you go to that location alone or did
you go with other forensic investigators?
A Well, I went with my partner for the
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day, it was Susan Wolverton, another forensic
investigator.
Q Did you arrive at that location sometime
after 3:00 o'clock in the afternoon?
A Yes.
Q When you first arrived at 7019 South
Yale did you speak with anybody?
A Yes, I did.
Q Who did you speak with?
A Well, my direct supervisor, Sergeant
Gibson was there, and Detective Szudarski was there on
the scene.
Q After speaking with the detectives and
with your direct supervisor, were you aware of how
many victims there were inside the house?
A Yes.
Q How many victims, to your knowledge,
were there inside the house?
A Two.
Q Were you aware of any other potential
victims that may or may not be inside the house?
A Yes. After I arrived they said there
was an unaccounted for seven year old little boy that
was supposed to have been in that residence.
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Q At the time that you learned that
information did you have any concerns about processing
that scene knowing that there was an unaccounted for
seven year old child?
A Yes.
Q What did you do prior to processing the
scene knowing that there was a missing child involved?
A Well, I walked through all three floors,
plus the basement of the building.
Q Did you find the missing seven year old
child during your initial walkthrough of the building?
A No.
Q Let's back up a little bit. Can you
describe for the ladies and gentlemen of the jury the
house located at 7019 South Yale?
A Well, it's at least a two-flat or
possibly a three-flat. The third floor, I don't know,
it didn't appear to have a separate kitchen, so the
second floor possibly was a two level apartment. The
first floor was a full apartment with a kitchen.
There was an unfinished basement with a laundry room
and equipment down there.
Q When you walked through that house
looking for the little boy, how did you go about doing
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it or what did you do?
A I walked through. I walked up to the
third floor and just walked through for my own peace
of mind that this kid is not here somewhere, at least
not obviously there. Because the first thing you have
to do, he could be injured, you have to worry about
that before you do anything else.
Q After you learned or realized that the
little boy wasn't in the house, did you then go about
your typical forensic investigator duties of
processing the crime scene?
A I was informed by the sergeant that they
were going to process this crime scene as a team, so
they brought in further help because it was such a
large building.
Q And there were other evidence
technicians and forensic investigators that came to
assist in processing the house?
A Yes.
Q Typically when a crime scene is
processed, what are the things that you as a forensic
investigator do?
A Well, on a normal crime scene my partner
and I, we'd walk through the scene, then we'd
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photograph the scene, videotape it, try to look for
evidence while we're doing that, and then we'd begin
identifying and processing the crime scene for
evidence.
Q Did you and your partner, Susan
Wolverton, walk through the scene at 7019 South Yale?
A Yes, we did.
Q Were photographs of the scene taken?
A Yes. But I wasn't with her during the
photography. We were divided up then. She had a
partner. She was given Evidence Technician Beam and
he went with her on the photographs.
Q When photographs are taken of a crime
scene, are there different stages of photographs that
are taken?
A Well, we take the photographs when we
get there, just how it appeared when we arrived. Then
as we locate evidence we put numbers on the evidence
or markers, depending on the type of evidence, and
photograph that.
In a scene like this, when we have to
turn over a lot of the rooms to look for stuff, then
we'll take a picture, a brief, couple of pictures to
show how it looked when we left.
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Q Those steps were followed at the address
of 7019 South Yale?
A Yes.
Q During your initial walkthrough of the
residence did you observe the victims in the house?
A Yes, I did.
Q Who was the first victim that you
observed?
A Well, you walk through the enclosed
porch, through the stair hall, to the right was a
living room through a door and she was right side of
the door on the living room floor.
Q Let me backup. In addition to taking
photographs and looking for physical evidence, was a
sketch or a diagram made of the crime scene
specifically of the first floor of the residence on
Yale?
A Yes, there was.
Q Have you had an opportunity to review
the crime scene diagram in addition to the photographs
that were taken of the scene?
A Yes.
Q May I approach the witness?
THE COURT: Sure.
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BY MS. BAGBY:
Q Showing you a single sheet of paper
that's marked People's Exhibit Number 136, do you
recognize what this is?
A That would be the first floor apartment.
Q This is the crime scene diagram that was
done on October 24th of 2008 when the scene was -- and
into the early morning hours of October 25th of 2008?
A Yes. Forensic Investigator Otten, and
he had a helper that did that.
Q And this is a fair and accurate
representation of the layout of the first floor of
that house on Yale and where the victims were located
and items of physical evidence were found on the first
floor?
A Yes, it is.
Q And the large plat or the large board in
the center of the courtroom which is also marked,
we'll call it People's 136B, is that just an enlarged
diagram of what I've shown you?
A Yes.
Q At this time, your Honor, the state
would seek leave to strike the identification marks
from this and publish it on the ELMO, so the forensic
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investigator can explain his walkthrough of the scene.
THE COURT: Any objection?
MS. THOMPSON: No.
THE COURT: You can do so.
BY MS. BAGBY:
Q Investigator Fanelli, are you able to
see on your monitor?
A Very clear.
Q Can you explain to the ladies and
gentlemen of the jury what you observed when you
walked through the scene at 7019 South Yale?
A Does the pointer work on this?
Q Yes.
A Am I showing up on there? No. Not me.
I've never used this before.
Q Use your finger.
A Oh, I see. It's a little different.
Okay. If you go up the front steps through the
enclosed porch there is a foyer here, a stair to the
second and third floors. You go through and this is
the entry to the apartment right here. That's where
you'd find Ms. Donerson's body. It was laying in that
direction facing the door.
Q You're describing it as an apartment
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because that's the way the building looked like it way
laid out, a multiple unit building?
A To me it was originally an apartment
building. Now I know it's a single family residence.
Q So that room is where you observed the
body of Ms. Donerson?
A Yes.
Q As you continued to walk through the
first floor of the residence what did you observe?
A There is a door opening here, and if you
look this way, this was Jason Hudson's body on the bed
in the west bedroom.
THE COURT: Ms. Bagby, if I could stop you for
a second. We do have a plat up. Those in the
courtroom, can you see the screen?
A JUROR: Yes.
BY MS. BAGBY:
Q You may continue. As you walked through
after observing Jason Hudson's body in front bedroom?
A That's correct, on the bed.
Q What other rooms did you observe on the
first floor of the building as you walked through?
A If you go through the living room this
way, there is another hallway. You go this way to the
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kitchen, and also you'd go into the north bedroom.
That was the child's bedroom. It was obviously a
child's bedroom right there. There is another
doorway, too, this is going to show up in the photos,
it's a little confusing right here, but it was blocked
with stuff.
Q Having walked through the first floor of
the residence and observing the two victims,
Ms. Donerson and Jason Hudson on the first floor of
the residence, where did you as a forensic
investigator believe that the center of this crime
scene was located? Where did you think you were going
to find the most evidence related to this crime in
this building?
A The living room and the west bedroom.
Q On the first floor?
A On the first floor.
Q Now, you did walk upstairs and take --
and photographs were also taken of the upstairs of the
residence?
A My partner took the photos. I wasn't
there for all the photos. But I did go up there and I
did go with her during the process of the scene, what
we think was Mrs. Donerson's second floor bedroom.
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There was a TV on up there, so that lead you to
believe somebody was recently up there.
Q Thank you. Prior to you coming down to
testify today, over the lunch break I showed you a
number of photographs.
A Yes.
Q Specifically, I showed you what were
marked as People's Exhibits 1, 8 through 16, 18, 19
and 33 through 119?
A Yes.
Q The photographs that I've just described
and are contained in this stack, do they truly and
accurately depict the way the residence at 7019 South
Yale appeared on the evening of October 24th of 2008?
A Yes.
Q At this time, your Honor, I would seek
leave to strike the identification marks and to
publish the photographs to the jury and have the
investigator describe the photographs in more detail.
THE COURT: Okay. I assume you showed these to
defense?
MS. BAGBY: I did.
THE COURT: Any objection?
MS. THOMPSON: No objection.
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THE COURT: You may do so.
BY MS. BAGBY:
Q Showing you what's previously been
marked and published as People's Exhibit Number 1, is
this the initial photograph that was taken of 7019
South Yale when you processed the scene on
October 24th of 2008?
A That's how it appeared.
Q Next, showing you People's Exhibit
Number 33.
A That's a close-up of the address on the
front door, 7019.
Q People's Exhibit Number 8.
A This is a view of the south side and the
front of the house. And what's important here that
came up, and the reason we took this particular angle
is in this area here, that's where they said that
Jason Hudson's vehicle was parked, but it was missing
and unaccounted for.
Q What did you observe in that location
where you made the mark on the photograph that we'll
see later on in the photos?
A We did take some photos. There are some
tire tracks that appear to be fresh in the mud.
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Q People's Exhibit Number 34.
A That's the front porch when we arrived.
Q There appear to be some paper markers on
the steps of the front, going in the front porch.
What are those?
A That's what several officers will use,
they have in their pocket, to put down if they see
something like a fired cartridge case or fired bullet,
they'll put that on there so that somebody don't step
on it. We all know what it is when we first arrive.
It's just the initial officers, if they see it they'll
mark it off.
Q Did you observe any items of evidence on
the front stairs going into the house when you walked
through the scene?
A Yes, we did. We saw there was a fired
cartridge case under the car, and then this was a
cigarette butt that looked fairly fresh, and there was
another one. I can't pick it up in this particular
photo, but it's on the top stair here, there was
another cigarette butt there.
Q People's Exhibit Number 34. People's
Exhibit Number 10, what is this?
A That's going up the stairs entering the
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building. It really was to show the entry hall.
Should I keep pointing on the screen?
Q Yes.
A This would be going in, and if you went
that way, that would be the front door where
Mrs. Donerson was, after you entered that entry.
Q People's Exhibit Number 11.
THE COURT: Ms. Bagby, you're not asking for
these to be printed. I assume you don't want them
printed.
MS. BAGBY: No.
THE WITNESS: This was a coin bottle, we saw
it, We thought it was odd sitting on the front inside
porch. There was coins in the bottom of that 5-gallon
jug. It's on the enclosed porch. It was inside the
building.
BY MS. BAGBY:
Q People's Exhibit Number 35.
A Just a close-up of that same bottle.
Q People's Exhibit Number 36.
A The interior. There is the bottle on
that side. There are some toys. Then over here there
was a set of keys. There is also a lock that's laying
there that was taken apart. But there is a new lock
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on the door, so obviously we determined later that
that lock was the old lock that had been taken off by
a locksmith. The keys, though, were not accounted
for.
Q People's Exhibit Number 12.
A Just a close-up. Here you can see the
keys and the lock.
Q People's Exhibit Number 9.
A This is the new lock on the front door.
Q Did you notice anything about the front
door as you approached the residence and entered the
residence?
A Well, because it was a fired shell
casing on the front porch, this appeared to be a
bullet hole in the front door right here.
Q If you would, could you take your finger
and trace it around, making a circle around what you
say would be a bullet hole?
A (Witness complied.)
Q May the record reflect the witness is
complying.
A Legally that could be a bullet hole.
Q If the court could print?
THE COURT: You want this one printed?
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BY MS. BAGBY: This one we would like.
THE COURT: This is Number 9.
MS. BAGBY: Judge, because there are already
marks on there, I apologize, if you could just circle
the hole you observed in the door, we'll reprint it
before moving on.
THE COURT: The circle is on the copy. Do you
want it circled again?
MS. BAGBY: Yes. Because I believe there were
some other markings that were on the screen.
THE COURT: Print it again.
BY MS. BAGBY:
Q People's Exhibit Number 13, what is in
this photograph?
A If you were standing right at the body,
looking out the entry door to that apartment back into
the foyer area, I'll have to point it out also. This
door here, the body would be here just out of frame.
You go this way, this would be the basement door.
Then I talked about that north bedroom, there was a
door that wasn't used, it was kind of blocked. That's
this door. So if you wanted to go out the front door,
you'd go that way. (Indicating.)
Q People's Exhibit Number 14?
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A That's another view. In the foyer area,
this is the stairs going up to the second and third
floor. Now you're looking from the front porch back
in. There is the basement stairs and there is the
front door, entry door to the apartment where
Mrs. Donerson's body was.
Q People's Exhibit Number 38.
A That's the basement stair going
downstairs, under the stairs going up to the second
and third floor.
Q People's Exhibit Number 39.
A Now you enter the front door to the
first floor and there is the body of Mrs. Donerson.
Q People's Exhibit Number 40.
A There is the body of Mrs. Donerson
again, and then just this way, just in frame there is
Jason Hudson's body on the bed.
Q People's Exhibit Number 41?
A That's Mrs. Donerson again, plus there
was a broom across her hand. We kind of felt that she
might have had it in her hand trying to fend off her
attacker.
Q People's Exhibit Number 42.
A That's another view, that's standing in
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the bedroom, the west bedroom looking into the living
room this way here.
Q People's Exhibit Number 43?
A That's the body of Jason Hudson on his
bed in the west bedroom. This direction is west right
here. (Indicating.)
Q And those windows in Jason Hudson's
windows that are behind him, did they look out onto
the street or onto that enclosed front porch?
A They look out onto the enclosed front
porch.
Q People's Exhibit Number 44.
A Just a close-up of Mr. Hudson.
Q People's Exhibit Number 45.
A It appeared to us that Mr. Hudson is
pretty much disabled. There was a severe wound. His
leg was wrapped here. This would be his left leg. It
was wrapped in elastic bandages. There was some sort
of a wound, a severe older wound there. But it didn't
appear to us that could walk very well. He had it
propped also.
Q People's Exhibit Number 46.
A This is a closet in that bedroom. This
is Mrs. Donerson's body. If you were standing right
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next to the body of Jason Hudson, you'd be looking at
that closet and then you'd be looking at the body of
Mrs. Donerson.
Q People's Exhibit Number 47.
A In the room at the foot of the bed,
again there is Mrs. Donerson. We took this picture
just because there was a dog in the room. Never did
bark. We were surprised to see him there. He was in
a cage. So we took him out. I don't know who, but a
family member took the dog.
Q People's Exhibit Number 48.
A That's the north wall in the bedroom.
This would be Jason's bed in this area here.
Q People's Exhibit Number 49.
A That's under the bed. That's Jason
Hudson's driver's license. It was in reach here of
Jason, right up above.
Q People's Exhibit Number 50.
A That's another view of Mrs. Donerson.
Again, the door is this way to leave the apartment.
There is the broom. There is a piece of cardboard
here that we took. It had blood spatter on it. There
was some blood spatter on the wall.
Q People's Exhibit Number 51.
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A That's the stair going from the front
entryway to the second floor.
Q People's Exhibit Number 52.
A That's the entrance to the second floor
apartment.
Q People's Exhibit Number 53.
A You go up to the third floor, this is
the stairwell going to the third floor. I had never
heard of Jennifer Hudson, but they had told me she was
a celebrity and that was some of her old stuff on the
wall with her name on it, her trophies.
Q People's Exhibit Number 54.
A Just a close-up.
Q 55.
A That's back down on the second floor.
This is the entrance to what we believe is
Mrs. Donerson's room. There is another bedroom, that
would be the second floor southwest bedroom here.
There is also another northwest bedroom here.
Q People's Exhibit Number 56.
A That's Mrs. Donerson's room here and
this is that other bedroom. Supposedly, I don't know
for sure, that was occupied by another family member
sometimes there, an uncle or something.
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Q People's Exhibit Number 57.
A That's the inside of Mrs. Donerson's
room.
Q People's Exhibit Number 58.
A I mentioned the TV was on in the room.
It drew us up there to see if anything was going on up
there. As you can see, the TV is on. This is her bed
here.
Q People's Exhibit Number 15.
A This would be just east of the bed.
There is a chair in the room and that was a purse that
appeared to be a normal purse that nobody had really
done anything with. We wanted to see if that was
hers, and it was, had her IDs in it.
Q People's Exhibit Number 16.
A That's just a close-up of the purse, of
how it looked, just like a normal purse.
Q People's Exhibit Number 59.
A That's the second floor bathroom.
Q People's Exhibit Number 60.
A Well, this is outside the second floor
apartment on the way up to the third floor.
Q People's Exhibit Number 61.
A This would be the kitchen on the second
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floor.
Q People's Exhibit Number 62.
A Another view of the stair going to the
third floor.
Q People's Exhibit Number 63.
A This is the first floor kitchen.
Q People's Exhibit Number 64.
A It's the east wall of the kitchen. If
you walk out the door you'd be going out to the
backyard.
Q This is the first floor kitchen?
A First floor kitchen.
Q People's Exhibit Number 65.
A Just to show that the doors were intact.
Q People's Exhibit Number 66.
A This is a rear entry door to the
building from the rear porch.
Q People's Exhibit Number 67.
A Just a close-up. It's a secure door.
Q People's Exhibit Number 68.
A The lock is intact, that's what that's
supposed to show.
Q People's Exhibit Number 69.
A This is the door in the kitchen that was
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closed, the white door. After you open the door it
showed that that was also locked with a burglar gate
and the locks on the gate. That's the rear yard.
Q People's Exhibit Number 70.
A First floor bathroom.
Q Were you able to see a shower curtain in
the first floor bathroom?
A I don't recall seeing any shower curtain
in that bathroom.
Q People's Exhibit Number 71.
A This is the child's room that I talked
about earlier. This is next to the living room where
Mrs. Donerson's body was found. This is what we find
out later is Julian's playroom.
Q People's Exhibit Number 18.
A That would be the east bedroom on the
first floor.
Q People's Exhibit Number 72.
A It's another view of the living room
with Mrs. Donerson on the floor, and again Jason
Hudson is still in bed there.
Q People's Exhibit Number 73.
A Another view of Mrs. Donerson on the
floor.
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Q People's Exhibit Number 74.
A This is the rear of the building. This
is the gated entry door to the kitchen, and you have
the porch that goes to the other floors. That's on
the south side of the building. This is the east side
of the building.
Q People's Exhibit Number 75.
A That's a view of the house. It's a
little obscured, but it shows the crime scene tape
that surrounded the building. This is the rear of the
building again right here. This is a vacant lot that
we're taking from the alley.
Q People's Exhibit Number 76.
A The rear of the house from the alley.
Q People's Exhibit Number 77.
A These are some close-ups of the
evidence. Now we're back on the front porch, where I
showed you the little orange card that was on the
porch when we first arrived. That's a fired cartridge
case there. We marked it Number 1.
Q Could you draw a circle around the fired
cartridge case marked Number 1?
A Right there. (Witness complied.)
Q May the record reflect the witness has
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complied with my request.
A Also, this is the first step up off the
sidewalk.
MS. BAGBY: Is it printing?
THE COURT: I don't know. Do you want it
printed?
MS. BAGBY: Yes, please.
THE COURT: Can you print that.
BY MS. BAGBY:
Q I apologize, which step up was this?
A First step up off the sidewalk. The
first step.
Q Marker Number 2 was a cigarette butt?
A It was a cigarette butt. You can see it
in the frame there.
Q People's Exhibit Number 77.
THE COURT: I thought that was 77.
BY MS. BAGBY:
Q I'm sorry. 78.
A That's a close-up of the same fired
cartridge case.
Q People's Exhibit Number 79.
A That's just a view of all three pieces
of evidence that were on the porch with marker, crime
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scene markers on them. We know what 1 and 2 are.
Number 3 is the cigarette butt. You can see it now on
the top, it would be on the sixth step.
Q People's Exhibit Number 80.
A That's the cigarette butt that we
recovered before you walked into the house on the top
stair, we marked it Number 3.
Q People's Exhibit Number 81.
A That's that five-gallon plastic water
bottle with change in it, we marked it Number 4.
Q Let me ask you, Investigator Fanelli,
did you take the water bottle that's marked as
Number 4 and inventory it or recover it from the scene
on the night of October 24th of 2008?
A No.
Q People's Exhibit Number 82.
A That's the front entry door. You're
inside the house, the enclosed porch is right here.
This is the interior side of the front entry door.
Q People's Exhibit Number 83.
A That just shows locks, locking devices
on the door. Nothing is pulled off, tore off, broken.
Q People's Exhibit Number 84.
A Where I pointed out from the exterior
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photos of the front of that house where the car was
not there, so it's an unaccounted for car. We took
pictures to show where that car would have been or at
least the car at one time had been parked. And there
were some tire tracks that appeared to be pretty
fresh.
Q When you were at the scene on Yale what
was the weather like?
A The temperature was decent for October,
but there were storms coming and going, some pretty
severe there. At one time we were trying to put up
tents and it was blowing them over out on the street.
Q Did it rain off and on while you were
processing the scene?
A Yes.
Q People's Exhibit Number 19.
A This is the north bedroom on the first
floor that we were told was the seven year old's
playroom. That's a cartridge case again on the floor
in that room. I should circle that. And we marked it
Number 7.
Q Your Honor, could you please print that.
THE COURT: Bobby, could you print this,
please.
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BY MS. BAGBY:
Q People's Exhibit Number 85.
A That's a close-up of that fired
cartridge case. Do you need it circled again?
Q No. People's Exhibit Number 86.
A That's the interior side of the front
door, the bullet hole that I pointed out on the front
of the door, that's the backside, actually inside the
house looking out.
Q May the record reflect the witness has
circled what appears to be a hole in the door, and if
the court could please print.
THE COURT: Record will so reflect. Do you
want that printed?
MS. BAGBY: Yes, please.
THE COURT: Print it.
BY MS. BAGBY:
Q People's Exhibit Number 87.
A That's the keys that were on the porch,
the enclosed front porch, and then the lock that we
pointed out earlier before you enter the residence.
Q People's Exhibit Number 88.
A We set markers down. The 5, we
inventoried the broom under crime scene marker 5.
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Number 6 is that cardboard, the piece of pink
cardboard.
And there is a snap on the floor, and we
didn't know exactly where that snap came from so we
inventoried those under marker 6, the cardboard and
the snap. There is another little piece of snap that
will come into view after we moved the body. That was
also under marker 6.
Q People's Exhibit Number 89.
A That's the wall that's just next to
Ms. Donerson's head, and there is some blood spatter
on it, so we put a crime scene scale on the wall and
photographed it within scale.
Q People's Exhibit Number 90.
A That's a wound to Mrs. Donerson's left
wrist, apparent bullet wound.
Q People's Exhibit Number 91.
A Bullet wounds to her back,
Ms. Donerson's back.
Q People's Exhibit Number 92.
A Wound on the side.
Q People's Exhibit Number 93.
A After we rolled her over, that's really
what we would consider an identification photo. She's
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in the body bag now.
Q It appears there is paper in the bag?
A Yes. I put a paper sheet in the bag to
protect any evidence that might be on the body. You
line the body.
Q People's Exhibit Number 94.
A That's a cut on her right finger, little
finger. That's Miss Donerson's finger.
Q Is this you?
A That's me holding the finger.
Q And you're wearing gloves in the
photograph?
A Yes.
Q And are you also wearing a paper suit?
A Yes.
Q Did you wear gloves and a paper suit and
coverings on your shoes the entire time you were in
the house?
A And a hair net, yes.
Q People's Exhibit Number 95.
A That's her robe and the top snap is torn
off.
Q Can you draw a circle around the area
where you say the snap was torn off?
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A It looked like a snap was missing there.
As you can see, there is a snap here.
Q May the record reflect the witness has
complied with my request. And if you could print
that, as well.
THE COURT: Sure. Bobby, print that, please.
BY MS. BAGBY:
Q People's Exhibit Number 96.
A That's the piece of the snap that was
picked up off the floor we talked about before, off
right next to the body.
Q People's Exhibit Number 97.
A That's a wound to the middle of
Ms. Donerson's chest, a bullet wound. Should I
circle it?
Q No, thank you.
A Okay.
Q People's Exhibit Number 98.
A Same wound, different view.
Q People's Exhibit Number 99.
A That's a wound to her left arm, and also
we bagged her hands with what we call handbags or tie
bags that are made for that purpose, to protect any
evidence that might be on her, defensive DNA evidence
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that might be in her fingernails or on her hands.
Q People's Exhibit Number 100.
A That's a wound to the left shoulder of
Ms. Donerson.
Q People's Exhibit Number 101?
A This is Jason Hudson's left foot. I
told you his foot, his leg seemed extremely injured
and I don't know how well he could get around on it.
Q People's Exhibit Number 102?
A That's his left leg and the wound at his
knee. That was knee level, the wound. It's old.
Q People's Exhibit Number 103?
A That's another view of Jason Hudson.
Q Did you observe any injuries to Jason
Hudson aside from the leg?
A Yes. There was a wound on the back of
his head.
Q What type of wound?
A Looked like a gunshot wound to me.
Q People's Exhibit Number 104?
A That would be like an ID photo of Jason.
Q People's Exhibit Number 105?
A That's his identification off the floor.
We picked it up and took a photo of it to identify it
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was Jason Hudson.
Q People's Exhibit Number 106?
A The bodies are now moved at this point,
so now after we look through the room to see if
anything obvious was -- any evidence that we needed to
collect, once that was done we started moving. We had
to clear one side of the room. There was a lot of
objects in these rooms. So as we moved -- this is
where the treadmill that was in view earlier, as we
moved the treadmill and all the bags and clothing and
all the other stuff, there was a fired bullet on the
floor. That's the north wall of the living room on
the first floor, and if you go this way you'll be
going into the kitchen and that other little child's
room. That's Number 9. We marked it as Number 9,
fired bullet.
Q People's Exhibit Number 107.
A That's a close-up of the fired bullet.
Q People's Exhibit Number 108.
A That was a hole in the wall, on the
south wall in the living room. Didn't know what made
that hole, so I put a scale on the wall and
photographed it and then we took the wall apart to see
what it was.
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Q People's Exhibit Number 109.
A That's the same scale on the wall, the
little scale you see in the hole right below the
window.
Q You say you took the wall apart to
figure out what it was?
A I think there is a photo of it. It was
a cable TV hole, but we didn't know it at the time.
Q People's Exhibit Number 110.
A We pulled the wall down and then we
realized it's a table TV wire.
Q When you saw the hole in the wall what
were you looking for?
A We thought it would be a fired bullet;
it could be.
Q People's Exhibit Number 111.
A This is me in the frame right here.
That's me with my boots on, paper boots. Jason Hudson
is now removed from the room and this was a comfort
that he was on top of and wrapped up in. Actually, on
top of. As I took it off I searched it on top for
anything, and I couldn't find anything and I took it
down. And as I took it down that bullet, that's a
fired bullet that fell out of it. It was somewhere in
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that comforter, wrapped up in the fold of the
comforter.
Q People's Exhibit Number 112.
A That's another picture of the fired
bullet at the foot of the bed.
Q People's Exhibit Number 113.
A We put crime scene marker Number 10 on
it, and there is a fired bullet, a close-up.
Q People's Exhibit Number 114.
A We're back to Jason in the bed. That's
the wound on the back of his head, just above the ear,
his left ear.
Q 115.
A Jason has been removed from the bed now
and that's the bed.
Q People's Exhibit Number 116.
A First we searched the south side of the
room, threw all the objects there, then we lifted up
the mattress box spring which is against the wall
here. We observed a fired cartridge case under the
bed, right at the head of the bed, and that would be
right here, and we put marker 11 on it. It's just in
view.
Q People's Exhibit Number 118.
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A That's a close-up of that fired
cartridge case.
Q People's Exhibit Number 119.
A That would be an exit photo, after we
were through searching the room. Because we had to
move things from one side to the other, back and
forth, to search for any kind of evidence that might
be buried in the clothing or the bags or the objects
or the shells.
Q After you moved the mattress up and
found the fired cartridge case under the bed, did you
continue to search for any additional firearms
evidence that might be in that bedroom?
A Yes. That's why now we started using
that area to pile all the stuff from the north wall
into that area, so we could search along that wall and
make sure we didn't miss anything there.
Q Now, you described in the photographs,
various items of physical evidence that you observed
inside of the house?
A Yes.
Q As part of your duties as a forensic
investigator do you recover and inventory items of
physical evidence from a crime scene?
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A Yes.
Q How do you go about recovering items of
physical evidence? What exactly do you do?
A Well, most important thing to do first
is you photograph it in place, get detailed photos of
it. In this case also a sketch was compiled before it
was picked up as to its location. And then we put it
in an evidence envelope, a preliminary envelope, take
it in and then we seal it up with crime scene tape.
We initial the evidence tape and we inventory it in
the computer. Each piece of evidence has its own
number. Or each group of evidence, I should say, has
its own number, distinct number.
Q If I could show again People's Exhibit
Number 79. These are the markers that you put down on
the front steps of the Hudson house?
A Yes.
Q I'm showing you what's been marked for
identification purposes as People's Exhibit
Number 137. Can you tell the ladies and gentlemen of
the jury what this is?
A This is a S & B .45 auto fired cartridge
case which we recovered under marker 1 on the front
porch. This is the cartridge case we recovered. This
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is the initial envelope I put it in with a notation of
where it was recovered.
Q When you took that back to the police
station at the end of the day, did you seal that up
and did you inventory that fired cartridge case under
number 11478773?
A Yes.
Q Is People's Exhibit Number 137 in the
same or substantially the same condition as it was
when you recovered it and you inventoried it back on
October 24th of 2008?
A Yes, it is.
Q I'm showing you what I've marked for
identification as People's Group Exhibit 138, which
consists of 138A and 138B. Can you tell us what those
are?
A That would be the cigarette butt that's
on the first stair, Number 2; marker Number 2.
Q That's 138A?
A Yes, it is. I see your numbering.
Okay. And this would be 138B, this is the other
cigarette butt that was up on the sixth step under
marker 3.
Q Did you inventory those two cigarette
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butts in separate envelopes, but under the same
inventory number of 11478755?
A Yes.
Q People's Exhibit Number 120. Showing
you what's been marked as People's Exhibit Number 139
for identification, do you recognize what that is?
A This would be that set of keys that was
on the enclosed front porch next to the door and the
lock that was laying on the front porch.
Q Did you inventory that set of keys under
number 11478827?
A Yes.
Q Showing you what's been marked as
People's Exhibit Number 140, do you recognize --
A Do you want me to take it out?
Q Yes.
A This is the broom that was across
Mrs. Donerson's hands in the living room on the floor.
Q Did you inventory the broom under
inventory number 11478756?
A Yes.
Q People's Exhibit Number 141.
A These are little metal snaps that were
off the living room floor right near the body. There
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is one there, the other one is just out of view
because it's kind of under the victim.
Q Did you place those two pieces of the
snap in that envelope and inventory it under number
11478757?
A Yes.
Q People's Exhibit Number 142, which you
also have there.
A You see that piece of cardboard that's
right near both hands of Mrs. Donerson, this is that
piece of cardboard. Apparently some blood spray or
spatter on that cardboard.
Q Did you inventory the piece of cardboard
under number 11478844?
A Yes.
Q Photograph 114. Showing you what's been
marked for identification as People's Exhibit
Number 143, do you recognize what this is?
A In the view of marker Number 9, there is
a fired bullet down on the floor. That's after we dug
down in the living room along the north wall, just
north of Mrs. Donerson's body, this is the fired
bullet that was on the floor.
Q Did you inventory that fired bullet
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under inventory number 11478828?
A Yes.
Q People's Exhibit Number 144, do you
recognize what this is?
A Are you going to put the photo up?
Q Yes. People's Exhibit Number 113, which
is Y96.
A In the picture I have of me standing
there holding the comforter and the bullet on the
floor, below the bed of Jason Hudson. This is the
bullet that fell out of that comforter to the floor.
I had it under Marker 10.
Q Did you inventory that under number
11478829?
A Yes.
Q Handing you what's been marked as
People's Exhibit Number 145 and 146, let's talk about
People's Exhibit 145. Can you tell the ladies and
gentlemen of the jury what that is?
A This is a .45 auto fired cartridge case
that was recovered from the bedroom floor in the north
bedroom on the first floor under marker Number 7.
Crime scene marker 7 indicates its location.
Q Did you inventory that fired cartridge
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case under number 11478880?
A Yes.
Q You also have there People's Exhibit
Number 136. Y99.
A This is a S & B .45 auto fired cartridge
case. This is the one we found under the bed just
under Jason Hudson when we were able to move the bed.
Q Did you seal that in that coin envelope
and inventory that under number 11478882?
A Yes.
Q All of those items that you were
recovered when you processed the scene on October 24,
2008, they were placed in a sealed condition?
A Yes.
Q And they were kept in your constant
care, control and custody from the time they were
recovered on the scene until the time that they were
inventoried back at the police station?
A We inventory them and set them in an
evidence vault at our office until they're picked up
by the evidence people. It's unavailable to anybody.
Q Did you go back to the scene on Yale on
October 29, 2008?
A Yes, I did.
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Q Why did you go being back to the scene
on October 29, 2008?
A Well, this scene was so involved and
such a large scene and there was so much in the house
that it was determined on the first day that we were
going to seal the building, put a police guard on it
and return as the investigation went on to see if we
could find anything else.
On this particular day I was sent back
with my partner, Forensic Investigator Wolverton,
Sergeant Gibson and Detectives Volvos and Henry
accompanied us from the Area 1 Detective Division. We
were going to go through nothing else but that child's
bedroom. Because by that time they found out that --
now I find out his name is Julian King was found dead
in a vehicle. Now they wanted to see as to where he
was possibly killed at or if he was injured while he
was still in the house. We went back and searched
that room.
Q Were additional photographs taken of
your search on October 29, 2008?
A Yes. I was the photographer on that
date.
Q Showing you what's been marked for
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identification as People's Exhibit Number 120 through
135, did you have an opportunity to view these
photographs of upstairs before you testified today?
A Yes, I did.
Q Do these photographs truly and
accurately depict the way the scene at 7019 South Yale
looked on October 29, 2008?
A Yes, it does.
Q Your Honor, at this time I would seek
leave to strike the identification marks and to
publish these photographs.
THE COURT: I assume you've seen them.
MS. THOMPSON: Yes, Judge.
THE COURT: Any objection?
MS. THOMPSON: No.
THE COURT: You can publish them. .
BY MS. BAGBY:
Q People's Exhibit 120.
A It just shows the front of the residence
with the 7019 address.
Q People's Exhibit Number 121.
A This is that north bedroom and the first
floor. This is the north wall with the window, the
east wall, the kitchen is on the other side of that
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wall, possibly the bathroom. Bathroom and kitchen are
just out of view on the other side of the wall. This
is like a bunk bed with a little tent underneath.
Q This is the room that you specifically
went to search for additional evidence?
A This is all we were assigned to do that
day is that room.
Q People's Exhibit Number 122.
A That's just a view of the room before we
started.
Q People's Exhibit Number 123.
A It's another view.
Q People's Exhibit Number 124.
A That's another view of the room and
you're looking out, you would go this way right
through out the door. This is the room that I said
was barricaded in the first set of crime scene photos,
so you knew people didn't use that door too often.
Q People's Exhibit Number 125.
A You could see a better view now looking
out to the front door. You could see the front door
on the porch, with the oval glass in view.
Q In order to conduct a search for
additional physical evidence, what did you have to do
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with all the items that were in that bedroom?
A We moved them out.
Q People's Exhibit Number 126.
A This is the room after we cleaned
everything out.
Q People's Exhibit Number 127.
A This is the west wall of that bedroom.
There is a light switch and there was a hole in the
wall. We weren't sure what caused that hole.
Remember there was a cartridge case, fired cartridge
case on the floor in that room the first day, so we
didn't know what caused that hole.
Q People's Exhibit Number 128.
A That's a close-up of the hole in the
wall.
Q What were you specifically looking for
in the wall when you saw the hole?
A I was looking for a bullet, a possible
bullet. I didn't know if it was a bullet hole or not.
Just like in the living room, you see a hole in the
wall that's the right size or about the right size,
you have to assume that it could be a bullet hole.
Q What did you do in order to determine
whether that was a bullet hole and whether there was a
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bullet in the wall?
A The first thing I did was I probed the
wall, and the hole didn't go through the lath, so that
kind of tells me if the bullet is not there and there
is not one on the floor, that it probably wasn't a
bullet hole. So I cut the wall out just to be sure.
Just like in the living room I removed the wall, I
removed the wall here.
Q People's Exhibit Number 129.
A That's a close-up of that hole. This is
after I removed the plaster with the hole in it, which
we have here now. If you look, before I moved that
plaster, the piece of plaster board, I marked the hole
with my pencil. I put an X there. You see the lath.
That's the lath behind that hole, and there is my
pencil mark indicating there was no hole in the lath.
Q The witness has drawn a circle on the
photograph. Your Honor, could we print a copy of
this.
THE COURT: Sure.
BY MS. BAGBY:
Q People's Exhibit Number 130.
A Most of this plaster board was loose and
it just came off. There is a light switch and you'll
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see my X on the lath over here again. That's where I
cut the plaster out of, cutting of the plaster, where
that hole was. There is the X.
Q People's Exhibit Number 131.
A That's a close-up again. It should be
rotated, though. It's rotated wrong.
Q People's Exhibit Number 132.
A That's just a better view from a
distance, standing from the bathroom, kitchen area
looking in the bedroom. There is where I removed the
hole in the wall.
Q In addition to looking at the wall for
any possible evidence, did you also examine the
carpet?
A Our real object that day was to look for
blood evidence to indicate that a crime or violence
was committed in that room. That was our real goal.
Q At that time the body of Julian King had
been recovered?
A Yes.
Q And the police were trying to determine
if he had been shot in the house?
A That's correct.
Q Showing you People's Exhibit Number 133,
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what is this?
A This is the bed, the little bunk bed
that remained in the room after we cleaned it all out.
We could see under it and everything and we tipped the
mattresses over. This is a red stain. We didn't
believe it to be blood, but it was the only actual
stain on the carpet. We didn't believe it to be
blood, but we took the precautions and tested it and
inventoried that carpet.
Q People's Exhibit Number 134.
A That's a close-up of that red stain that
was on the carpet and a scale. I put a crime scene
scale to give you an idea of the size of the stain.
It's metric, but it's about a six inch scale.
Q And in order to determine whether or not
that was blood on the carpet did you do any testing of
the carpet?
A I took a swab, it's like a Q-tip swab,
you wet it and you pick up some of the stain off the
carpet. There was enough there. I did what they call
a hexagon, OBTI, blood test on the scene. It come
back negative. It didn't indicate that it was blood.
Q Finally, People's Exhibit Number 135.
A That's a distant shot. That same stain
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I just cut the carpet, as you can see. The carpet is
missing now and it's inventoried.
MS. BAGBY: I have nothing further.
THE COURT: Cross.
CROSS-EXAMINATION
BY
MS. THOMPSON:
Q Good afternoon, Mr. Fanelli.
A Good afternoon.
Q Do you prefer still officer, from your
28 years, or is Mister okay?
A Anything is okay.
Q Mr. Fanelli, you worked for the Chicago
Police Department for 28 years?
A Yes.
Q Back in October of 2008 you were what's
called a forensic investigator?
A That's correct.
Q And before you were a forensic
investigator you were an evidence technician?
A That's correct.
Q And before you were an evidence
technician you were a patrolman?
A That's correct.
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Q To become a patrolman you go through the
police academy and you go through training, correct?
A Correct.
Q When you become an evidence technician
you go through more training?
A Yes.
Q More specialized training?
A Yes.
Q Training specific to the preservation of
crime scenes?
A Preservation? The processing of crime
screens.
Q The processing of crime screens?
A Preservation, I would consider that as a
patrolman, to make sure that nobody goes in and
contaminates. Or if it has to be gone into, that you
do as little damage as possible.
Q And you did that; as a patrolman you did
that?
A Yes.
Q And you're taught how to do that as a
patrolman?
A Yes.
Q That's where you put the crime scene
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tape of different colors to make an outer and inner
perimeter?
A That's correct.
Q When you got to the scene at 7019 South
Yale that had already been done?
A That's correct.
Q When you got to the scene at 7019 South
Yale you were not the first officer there, correct?
A No.
Q It would be very untypical for a
forensic investigator to be the first officer there,
right?
A I only did it one time. I was just in
the vicinity on a shooting going by, otherwise no.
Q Usually you're called to the scene by
somebody else, correct?
A Correct.
Q Usually there is a detective on the
scene?
A That's correct.
Q In this case there was at least one
detective on the scene when you got there?
A That's correct.
Q I'm going to step back again to your
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training as an evidence technician. As an evidence
technician you're taught to photograph things?
A Correct.
Q And you're taught how to take the actual
photographs, correct?
A Correct.
Q It's not just, they don't just hand you
a camera and say go and take pictures. They teach you
how to do the settings on the camera and to take a
good picture, correct?
A Correct.
Q That's because things like those
photographs will be used in court like this, correct?
A Correct.
Q And they might also be used for people
to review for the purpose of investigation, right?
A That's correct.
Q So it's important that those photographs
be clear?
A Correct.
Q And you received special training to do
that?
A Correct.
Q Now, besides photographic training, you
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learn how to recognize potential evidence, correct?
A I believe so.
Q One of the things we just talked about
was a red stain and what you've referred to as both
the playroom and the north bedroom on the first floor
in this case, correct?
A Correct.
Q Your training told you that that
probably wasn't blood, right?
A In the north bedroom?
Q Right.
A I didn't believe it to be blood.
Q But you didn't just consider your
training good enough. You took that piece of
evidence, correct?
A Correct.
Q And even though you did first time
testing there on the scene, you took it so that it
might be tested later if that was necessary, correct?
A Correct.
Q In this case there was a point at which
you wanted to look for blood evidence?
A Yes.
Q And you told us to look again for blood
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evidence, because you found blood evidence on
October 24, 2008, correct?
A Near both bodies.
Q You found it near Ms. Donerson?
A Correct.
Q And on Ms. Donerson?
A Correct.
Q And you found it near Mr. Hudson and on
Mr. Hudson?
A That's correct.
Q But you were looking at the north
bedroom for any blood evidence dealing with Julian
King?
A That would be correct.
Q Because you had come to know that Julian
King had spent quite a bit of time in that room; that
that was a location that was his room?
A They told me, probably the sergeant, I
can't tell you exactly who, there were different
people discussing things, that that belonged to the
little boy.
Q So that's where you focused looking for
blood evidence on October 29th?
A Correct.
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Q And you found none?
A Correct.
Q Besides looking for blood evidence
you're also taught how to preserve other evidence,
correct?
A Correct.
Q In this case you preserved a lot of
different firearms evidence, correct?
A Correct.
Q And you preserved that firearm evidence
on the front steps of the house?
A Yes.
Q And you took photos of where that was?
A Yes.
Q And you were wearing gloves and
protective covering?
A Yes.
Q And the reason you wear gloves and
protective covering when you recover evidence is so
that you don't taint any evidence that might already
be on an object, correct?
A Correct.
Q And that's how you're taught to do it as
an evidence technician?
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A Correct.
Q Let me also say this. An evidence
technician, that's not where you ended your career.
You became a forensic investigator?
A Correct.
Q That's even more training than to become
an evidence technician?
A That's correct.
Q And that's the people who deal with the
most serious crimes, correct?
A Correct.
Q And the ones that are likely to have the
most forensic evidence that might need to be
preserved?
A Correct.
Q And you received that kind of training
at least four years before this scene, correct, this
crime scene on Yale?
A Three.
Q So you had been practicing as a forensic
investigator for three years before you went to the
crime scene on Yale?
A Correct.
Q Before that you had worked as an
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evidence technician doing the same kind of collection,
but not necessarily at a murder scene?
A It could be, though.
Q You could even do it at a murder scene
as an evidence technician?
A Yes.
Q And in this case, this scene was so
large that you had other people coming to help you
preserve the scene?
A It was broken down to a team concept by
the sergeant and the detectives.
Q And you had some assignments on the day
that you went to the house?
A Yes.
Q Some other forensic investigators had
other assignments?
A That's correct.
Q And other technicians also helped in
other assignments?
A That's correct.
Q The photographs that were taken here,
they were taken by a Susan Wolverton who was a
forensic investigator?
A That's correct.
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Q But you were able to see the scene on
the day that you went out there, correct?
A Most everything, yes.
Q Before any photographs were taken
Ms. Wolverton and you spoke to the detective that had
been on the scene before you arrived, right?
A That's correct.
Q As you went through the scene you said
that the first thing that you did was take overall
photographs?
A That would be what my partner did.
Q What Investigator Wolverton did. But
you viewed the scene before.
A I viewed the scene before.
Q And then things were sometimes moved in
this house, correct?
A Well, yeah. During the processing of
the scene, yes.
Q There were a lot of things that were
covering some of the floor area of this house,
correct?
A Correct.
Q And your focus you said, because of
where the bodies were, was the first floor of the
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house, right?
A That's correct.
Q And there were a lot of things all over
the first floor of the house, correct?
A That's correct.
Q In all the different rooms?
A That's correct.
Q And you would preserve what you could
without moving things, but if you had to move things
you would, to recover objects, correct?
A That's correct.
Q You would look through things if you
needed to recover objects, correct?
A Correct.
Q For instance, you showed a picture of
yourself holding up the comforter. That comforter had
been on top of Mr. Hudson at one point or he had been
inside of it, in a way?
A In a way. It was around his legs.
Q In order to find the fired evidence you
moved that so that you could find the fired evidence,
correct?
A That was after his body was removed,
yes.
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Q And during your entire investigation in
this house you recovered several different items,
correct?
A Correct.
Q What time did you get to the house that
day?
A 3:57 p.m.
Q And you remember that because you
detailed the time that you arrive?
A Yes. And I studied the report.
Q And it's important to know when you get
there and how long it takes to process things?
A Correct.
Q And when did you finish processing that
house?
A Well, we were told that it was enough
for that day at 10:55 at night. We were pretty much
done for that day.
Q So you spent from 3:57 until a little
before 11:00 o'clock?
A 11:00 o'clock at night.
Q So you spent eight hours at the house?
A Is that eight? Seven. Seven hours.
Q Seven hours at the house?
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A Yes.
Q And after you collected these items, and
you collected each of these items, either you or
another forensic investigator?
A Most of those I was pretty much
collected, I think I pretty much collected all the
pieces.
Q So the ones that you identified today,
your recollection is that you were the one who
recovered them?
A Correct.
Q And that would be consistent. That
might be an assignment that you have where
Investigator Wolverton was taking photographs?
A That's correct.
Q So what you did when you took those was
that you meticulously placed them in something to
preserve them, like the bullet envelopes, correct?
A That's correct.
Q And then you transported them to the
police station, correct?
A Our crime lab, yeah. Our office.
Q When you transport them to the crime lab
were they already sealed or did you seal them when you
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got to the crime lab?
A They weren't sealed. They were in a
bag. We keep them in our possession until we get
there, locked in our truck. We have an evidence
compartment in our truck that we put everything in as
we collect it.
Q So you have a particular part of your
truck that's specifically made to preserve the
evidence and the chain of custody to get it from the
crime scene to the crime lab?
A Well, the back of the truck is locked.
It's similar to an ambulance. It's a large ambulance.
In fact, that's what they order these, they could be
ambulances and then they have all the compartments in
there. If it's a big object we use the inside of the
compartment anywhere to put it. Small stuff, to keep
track of it so it don't get lost, you put it in a
compartment, one of the side compartments. But there
also could be stuff, not in this particular case, you
know, set inside the truck, the body of the truck.
Q You took those items from the house to?
A The truck, and locked the truck.
Q Once they were in the truck where did
you take them?
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A Well, then we take them to the crime lab
for inventory.
Q When you got to the crime lab it was
what time of the day?
A Well, I didn't document when I exactly
arrived, but I would say 11:30 at night.
Q So after 11:30 at night did you then
inventory all of the items that were recovered?
A Yep.
Q And you did that before you left the
police station, correct?
A Yes.
Q And it's part of your general orders
that you inventory items as soon as is possible,
correct?
A I never read the order, but that's what
we do.
Q And you do it so that the evidence is
preserved?
A Correct. The evidence was sealed with
evidence tape and put away before we left.
Q So before you even inventoried it you
had another process where you sealed and did the tape?
A Initial the back of the crime scene
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tape.
Q And then you inventoried each of those
items?
A Evidence tape. I get mixed up.
Evidence tape I initial.
Q On each of those items you did that
process?
A Correct.
Q And you did that process that night?
A Oh, yes.
Q And before you left the police station?
A Correct.
Q And then you inventoried each one of
those items?
A Well, we inventory them then we secure
them in an upstairs locked room.
Q Before you left that night everything
was in its proper place with an inventory number and
in the locker?
A All of these items were, yes.
Q And everything that was recovered by you
and your team at the Yale house?
A Yes. That would be both days, also.
Q And the other day on October 29th you
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did the exact same process?
A Yes.
Q I'm showing you an inventory sheet
that's inventory 11478880. I'm marking this as
Defense Exhibit Number 1. This is a copy of an
inventory sheet, correct?
A Okay. Correct.
Q And on the top of the inventory sheet
there is a bar code?
A Correct.
Q There is actually another bar code to
the left of the first one?
A Yes.
Q A bar code, the kind of thing like a UPC
label?
A There are two different ones. I believe
this bar code is for the inventory. These are the
inventory numbers. This here, the package number, I'm
not sure exactly what that is. I believe that's our
evidence coordinator that collects all this to forward
to the lab. That's her numbers. I don't have
anything to do with those.
Q But the bar code that's to the left at
the top of the sheet?
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A I believe that's the inventory bar code.
If I scanned it, that should come up.
Q So if you scanned that bar code the
inventory number should come up?
A Yes.
Q And some of the information on there is
who recovered the property?
A Correct.
Q In this case it's the casing at marker
Number 11, correct?
A That's correct.
Q And that information is documented at
the top, on the line describing the property, correct?
A Marker 11, yes, cartridge case.
Q And this is a truly and accurately copy
of what that inventory looked like, correct?
A Yes. There is Susan's -- the reason her
name is first is she actually did the computer work.
I was probably packaging it and I was the reporter
officer for that day. So there is my name, I was the
second officer.
Q And the date that this is approved by
your sergeant is also on there, correct?
A Yes.
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Q And that would be October 25th at
3:53 in the morning, right?
A Correct.
Q Mr. Fanelli, of all of the things that
you inventoried at the house at 70th and Yale, you
didn't inventory any money, right?
A No.
Q You did inventory that ID that was found
under Jason Hudson's bed, correct?
A No.
Q Was it recovered at all?
A Not that I know of.
Q Would it help you to -- is your memory
exhausted or is it your understanding that it wasn't
inventoried?
A Well, I didn't inventory it.
Q You did take a photograph of it?
A Right. That was just to establish that
the person in bed was Jason Hudson, according to that
identification.
Q You took a photograph of that and then
you moved it and took another photograph, correct?
A Correct.
Q And that was to establish the identity
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of Mr. Hudson?
A That's correct.
Q That was found directly under the bed of
Mr. Hudson, right?
A That's correct.
Q The bed where he was found murdered?
A That's correct.
Q And there was no wallet with that ID,
that license, was there?
A No.
Q To your recollection, no wallet for
Mr. Hudson was recovered?
A That's correct.
Q To your recollection no money was
recovered from the bedroom of Jason Hudson?
A That's correct.
Q And there was no money recovered from
the entire first floor of that house, correct?
A Not by us. Not on that day, no.
Q And you were the forensic investigators
in charge of recovering evidence at that scene,
correct?
A Correct.
Q There was no illegal narcotics recovered
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inside that house either, was there?
A I saw no evidence of any narcotics or
narcotics paraphernalia in that house.
Q So as you looked through that house
there was nothing, no scales?
A No.
Q No drugs?
A No.
Q Nothing recovered of any drug business?
A That's correct.
MS. THOMPSON: Nothing further, Judge.
THE COURT: Any redirect?
MS. BAGBY: If we could have just a moment.
(Brief pause.)
REDIRECT EXAMINATION
BY
MS. BAGBY:
Q Counsel asked you questions about
whether or not you had recovered any money from the
house.
A That's correct, she asked me.
Q You explained and described to the
ladies and gentlemen of the jury about the water jug
full of money that was on the front porch when you
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entered the residence?
A Correct.
Q Did you recover or inventory that when
you were at the scene that night?
A No, we did not.
Q And you described in the photographs the
purse that you later learned belonged to Darnell
Donerson that was upstairs in her bedroom?
A That's correct.
Q Did you recover or inventory that?
A The purse? No.
Q And there was a television set in
Ms. Donerson's bedroom that was on and depicted in the
photographs. Did you recover and inventory that?
A No.
MS. THOMPSON: Objection, your Honor.
THE COURT: Sustained.
MS. BAGBY: I have no further questions.
MS. THOMPSON: One question, Judge.
THE COURT: Go ahead.
RECROSS-EXAMINATION
BY
MS. THOMPSON:
Q The jug of coins on the front porch,
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that was a jug of coins, right?
A That's correct.
Q There was no folding money in there?
A No.
MS. THOMPSON: Nothing further.
THE COURT: Nothing?
MS. BAGBY: No, Judge. No questions.
THE COURT: You can step down.
THE WITNESS: Am I excused, your Honor?
THE COURT: Yes, you are.
THE WITNESS: Thank you.
(Whereupon, the witness was excused.)
THE COURT: I assume we're done for the day; is
that correct?
MS. BAGBY: We have more witnesses.
THE COURT: Let me talk to you over here for a
minute.
(Whereupon, a sidebar conference
was had outside the hearing of the
jury and the court reporter.)
THE COURT: We're going to put on one more
witness.
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(Witness duly sworn.)
KEVIN BARRY,
called as a witness on behalf of the People of the
State of Illinois, having been first duly sworn on
oath, was examined and testified as follows:
DIRECT EXAMINATION
BY
MS. GAMBINO:
Q Please tell us your full name.
A Sergeant Kevin Barry, Chicago Police
Department, Star 1816.
Q How do you spell your last name?
A B-a-r-r-y.
Q How long have you worked for the Chicago
Police Department?
A 12 years.
Q You said you are a sergeant now?
A Yes.
Q Where are you assigned?
A Area South Detective Division.
Q In 2008, specifically in October of 2008
where were you assigned?
A I was assigned to Special Victims Unit
out of Area 1 as a detective.
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Q What is the Special Victims Unit?
A We're assigned domestic violence cases,
missing persons cases and child abuse cases.
Q And you had a different star number when
you were a detective, correct?
A Yes.
Q What was your star number then?
A 20671.
Q On October 24, 2008, did you get
involved in a missing persons case?
A Yes.
Q What hours were you working that day?
A 5:00 o'clock at night until 1:00 o'clock
in the morning.
Q About what time did you become involved
in this case?
A As soon as I got in at 5:00 o'clock.
Q Who did you meet with as soon as you got
in?
A My sergeant, Nancy Higgins.
Q What information were you given by
Sergeant Higgins?
A Everything about the case up to that
point from that morning of a missing person, Julian
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King, the progress.
Q What was your assignment?
A To follow-up. I was assigned as the
lead detective on the missing person case to document
all the steps we were taking to locate him.
Q What kind of information did you need to
try and put out an Amber alert for this child?
A For the Amber alert the information
that's needed is any vehicle information, the
description of the missing person themselves and
circumstances surrounding their disappearance.
Q Did you gather that information?
A Yes.
Q How did you gather that information?
From whom did it come?
A The detectives from the second watch,
everything was kind of given to me, and from the
detectives working in the Homicide Unit.
Q You mentioned vehicle information. In
this particular case the missing person of Julian
King, what vehicle information were you alerting
people about?
A A Chevy Suburban, white in color.
Q Was a license number given?
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A Yes.
Q Do you remember what that license number
is at this point?
A No, I don't.
Q Is there anything that would refresh
your memory?
A Yes.
Q What would refresh your memory?
A The Amber alert or the LEADS printout.
Q If I could have just a moment.
(Brief pause.)
I'm just going to move on at this point.
What other information did you gather to be
disseminated?
A In regard to the alert?
Q Yes. Particularly what information
about the child did you disseminate?
A A picture of him, a height, weight
description, clothing description.
Q When you do this, where does this
information go?
A It goes to the Illinois State Police.
They're in charge of the Amber alert system.
Q Are there photos of the child attached
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to the actual Amber alert?
A I believe on their website there is a
picture available.
Q With a description of the child?
A Yes.
Q A description of the truck?
A Yes.
Q And was there any other information in
this Amber alert?
A No. That's the primary.
Q Are you the person who actually
distributes the Amber alert?
A No.
Q Who does that?
A A commander of the Youth Investigation
Division through the Chicago Police Department has to
have it forwarded through the Illinois State Police
and they actually issue the alert.
Q In this particular case if information
is known about a person of interest connected to the
missing person, is that included in the alert?
A Yes.
Q In this particular case was there a
person of interest?
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A Yes.
Q Who is that?
A William Balfour.
Q Was information about William Balfour
included in the Amber alert?
A Yes.
MS. GAMBINO: Thank you. I don't have any
other questions.
THE COURT: Cross.
CROSS-EXAMINATION
BY
MS. BROWN:
Q The information about -- well, you
gathered the information for the Amber alert when you
were at work on October 24th; is that correct?
A Yes.
Q And you disseminated it, you passed that
information on to your commander; is that correct?
A Yes.
Q And the Amber alert went out that night
on October 24th; is that correct?
A Yes.
Q As soon as possible it went out; is that
correct?
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A Yes.
Q Included in the Amber alert was the
information about Julian King, right?
A Correct.
Q Also included was the information about
the vehicle that was being looked for; is that
correct?
A Yes.
Q And that was a white SUV suburban; is
that correct?
A Yes.
Q Along with a license plate of that SUV
that was being looked for; is that correct?
A Yes.
MS. BROWN: I have nothing further.
THE COURT: State, any redirect?
MS. GAMBINO: No.
THE COURT: Okay. Thank you, Sergeant. You
may step down. Please do not discuss your testimony
with anyone who may testify in this matter.
(Whereupon, the witness was excused.)
Ladies and gentlemen it's a couple
minutes before 6:00, so we're going to break for the
day. We're going to start back up at 10:30 again, and
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I'm going to do better tomorrow. I promise. There
are other matters that required my attention unrelated
to this case. I'll put all the blame on me on this
one, but we will start closer to the start time.
I want to start again at 10:30 tomorrow.
Obviously arrangements are made with you as to how you
get into the building. Hopefully that's working out
okay. I do want to read the admonishment, the longer
admonishment that I gave you yesterday, and you're
going to hear this from me at the end of everyday. I
know you remember it, but I just have to do this for
the record.
Do not discuss the case with anyone, not
your own family, your friends, or among yourselves.
That includes by cell phone, through e-mail
Blackberry, iPhone, text messaging, or on Twitter,
through any blog or website, through any internet chat
room, or by way of any other social networking
websites, including Facebook, MySpace, LinkedIn and
YouTube.
Do not let anyone, including your fellow
jurors, discuss the case with you until you retire to
the jury room to deliberate. If anyone has spoken to
you or should speak to you about this case or tries to
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influence you, directly or indirectly, it is your
legal duty to report it to the court immediately.
You are not to read or listen to any
outside comments or past, present, or future news
accounts of this trial.
Finally, do not view, either personally
or electronically, or go to the place where the
offense was allegedly committed or any other location
indicated during the trial testimony.
You should consider this an order of
court, and any attempt to violate it should be
reported at once.
Again, if you want to bring your own
lunch, that's fine. I guess we're doing pretty well
feeding you so far, but feel free to do that, if you
desire. With that being said, be careful going home
and we'll see you back here, hopefully we'll start at
10:30.
(Which were all the proceedings
had at the hearing of the
above-entitled cause. Case
continued to 4-25-12.)
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STATE OF ILLINOIS )) SS:
COUNTY OF COOK )
I, NANCY MUSCOLINO, CSR/RPR, an
Official Court Reporter of the Circuit Court of Cook
County, County Department-Criminal Division, do hereby
certify that I reported in shorthand the proceedings
had in the above-entitled cause, that I thereafter
caused the foregoing to be transcribed into
typewriting, which I hereby certify to be a true and
accurate transcript of the proceedings had before the
Honorable CHARLES P. BURNS, Judge of said Court.
Official Court Reporter of theCircuit Court of Cook CountyCSR #084-001532