DIRECT EXAMINATION BY MS. SLAVIK:
MS. SLAVIK: Good morning, Officer Ignacio.
CHRIS IGNACIO: Good morning.
MS. SLAVIK: Are you employed?
CHRIS IGNACIO: Yes, I am.
MS. SLAVIK: What do you do?
CHRIS IGNACIO: I am a police officer for the Los Angeles Police Department.
MS. SLAVIK: Is that also known as the LAPD?
CHRIS IGNACIO: Yes.
MS. SLAVIK: How long have you been an LAPD police officer?
CHRIS IGNACIO: For approximately a little over 16 years.
MS. SLAVIK: What is your current title?
CHRIS IGNACIO: Police officer two.
MS. SLAVIK: How long have you held that title?
CHRIS IGNACIO: For approximately 15 years.
MS. SLAVIK: What was your title before you became a police officer two?
CHRIS IGNACIO: It's a police officer one, which is a probationary officer.
MS. SLAVIK: And how long did you hold that title?
CHRIS IGNACIO: About a year.
MS. SLAVIK: Focusing on your role as a police officer two, what are your responsibilities?
CHRIS IGNACIO: My responsibilities are to protect lives and property, respond to various radio calls, including non-emergency and emergency calls, make arrests, complete reports, interview witnesses and victims, and gather evidence, book evidence, and also sometimes testify in court.
MS. SLAVIK: You mentioned that one of your responsibilities is responding to radio calls.
Can you just explain to the jury what a radio call is?
CHRIS IGNACIO: So a radio call is when someone calls 911, it goes into -- comes into a dispatch center, like, communications. The dispatcher takes the information and decides what type of radio call, what type of call would be, like, a robbery, a burglary, or a traffic collision. And then from there, it's sent to the next available or near the unit available or near.
MS. SLAVIK: In other words, dispatch receives radio calls and then assigns out jobs to police officers who are on duty?
CHRIS IGNACIO: Yes, that's correct.
MS. SLAVIK: Officer Ignacio, are you currently assigned to a particular division?
CHRIS IGNACIO: Yeah. At the moment I'm assigned to officer operations, CSOC, which stands for Community Safety Operations Center.
MS. SLAVIK: Focusing on the December 2011 time period, did you have a particular assignment at that time?
CHRIS IGNACIO: Yes. I was working Hollywood division patrol.
MS. SLAVIK: And can you explain to the jury what the Hollywood division is?
CHRIS IGNACIO: So, Hollywood division is just a geographical area in the city of Los Angeles. It's -- I don't know exactly how many square miles it is. It's from Western Avenue all the way to West Hollywood to Mulholland Drive, down to Santa Mon- -- Melrose Avenue.
MS. SLAVIK: You said that your assignment was patrol, is that right?
CHRIS IGNACIO: That's correct.
MS. SLAVIK: What does patrol mean?
CHRIS IGNACIO: Patrol is the uniformed personnel that is assigned to that particular geographical area, and they are assigned to for visible presence and to respond to calls for service.
MS. SLAVIK: Generally speaking, what did your day-to-day look like as a patrol officer in the Hollywood division?
CHRIS IGNACIO: So day to day would be, we would show up to work, get dressed in our police uniform and gear, respond to radio -- respond to roll call, which is a short briefing, we would get our assignments, go downstairs to the room, retrieve our keys to our police vehicles, and then immediately respond and patrol the areas.
MS. SLAVIK: I want to focus your attention on December 22, 2011.
Were you working that day?
CHRIS IGNACIO: Yes, I was.
MS. SLAVIK: What was your shift that day?
CHRIS IGNACIO: It was day watch, which is the hours of six a.m. to six p.m.
MS. SLAVIK: Were you working with a partner that day?
CHRIS IGNACIO: Yes, I was.
MS. SLAVIK: Were you uniformed?
CHRIS IGNACIO: Yes.
MS. SLAVIK: And were you patrolling in a vehicle or on foot?
CHRIS IGNACIO: In a marked police vehicle.
MS. SLAVIK: Did you receive any calls from dispatch during that shift?
CHRIS IGNACIO: Yes, I did.
MS. SLAVIK: What do you remember about the calls from dispatch that day?
CHRIS IGNACIO: That day, I did receive a call at approximately 820 hours of a possible burglary, suspects there now, at 8925 Hollywood Hills Road.
MS. SLAVIK: You received this call at approximately 8:20 in the morning, is that right?
CHRIS IGNACIO: That's correct.
MS. SLAVIK: What, if any, details were provided by dispatch when you received this call?
CHRIS IGNACIO: At the time, what I remember is it just came out as a possible suspect is there now.
MS. SLAVIK: What was the location of the scene?
CHRIS IGNACIO: 8925 Hollywood Hills Road.
MS. SLAVIK: Did you respond to this call?
CHRIS IGNACIO: Yes, I did.
MS. SLAVIK: Why?
CHRIS IGNACIO: It was assigned to us and it was a private...
MS. SLAVIK: By us, you mean you and your partner, is that right?
CHRIS IGNACIO: That's correct.
MS. SLAVIK: How did you and your partner respond?
CHRIS IGNACIO: We responded code three, which is immediately with lights and sirens.
MS. SLAVIK: Where did you go with the lights and sirens?
CHRIS IGNACIO: To 8925 Hollywood Hills Road.
MS. SLAVIK: Is that address business or residential?
CHRIS IGNACIO: It's a residential.
MS. SLAVIK: Ms. Foster, could you please pull up what's -- excuse me.
Ms. Foster, could you pull up for the witness and the parties what's been marked for identification as Government Exhibit 8C-101.
MS. SLAVIK: Officer Ignacio, do you recognize what's depicted in this photo?
CHRIS IGNACIO: Yes, I do.
MS. SLAVIK: What is it?
CHRIS IGNACIO: It's the front gate and wall of the residence at 8925 Hollywood Hills Road.
MS. SLAVIK: Is there a fair and accurate depiction of the residence at 809025 Hollywood Hills Road?
CHRIS IGNACIO: Yes, it is.
MS. SLAVIK: The government moves to enter Government Exhibit 8C-101 into evidence.
MR. DONALDSON: No opposition, your Honor.
THE COURT: 8C-101 is admitted.
(Government's Exhibit 8C-101 received in evidence)
MS. SLAVIK: Ms. Foster, could you please publish 8C-101 side by side with 8C-102 that is already in evidence. Could you publish this for the jury.
BY MS. SLAVIK:
MS. SLAVIK: Officer Ignacio, can you explain to the jury what they are looking at here?
CHRIS IGNACIO: So, this is the front wall to the 8925 Hollywood Hills Road, the residence. So it's the front wall and gate, and behind it is a courtyard, and then there is a house.
MS. SLAVIK: More generally, can you describe the neighborhood where this residence is located?
CHRIS IGNACIO: So this neighborhood is actually situated above the Hollywood Hills -- Hollywood Boulevard and Sunset Boulevard. Typically, to get to this location, you would have to drive through narrow and windy roads. And it's known for, sometimes, its panoramic views overlooking the metropolitan area.
MS. SLAVIK: Thank you, Ms. Foster. You can take this down.
MS. SLAVIK: Officer Ignacio, what, if anything, did you notice as you arrived to the residence?
CHRIS IGNACIO: As we were driving to the residence, I did notice a dark black Cadillac Escalade.
MS. SLAVIK: Where was the Cadillac Escalade going?
CHRIS IGNACIO: It was directly in front of the house and it drove northwest into the hills.
MS. SLAVIK: As you approached the residence?
CHRIS IGNACIO: That's correct.
MS. SLAVIK: Did you observe any passengers in the black Escalade?
CHRIS IGNACIO: No, I did not, but I did observe a license plate.
MS. SLAVIK: What prevented you from observing passengers in the black Escalade?
CHRIS IGNACIO: It was had -- it was heavily tinted, like, limo tinted.
MS. SLAVIK: The windows were?
CHRIS IGNACIO: The window, yes.
MS. SLAVIK: And where were you when you observed this black Escalade?
CHRIS IGNACIO: I was in our police vehicle.
MS. SLAVIK: And this was a marked police vehicle you said?
CHRIS IGNACIO: That's correct.
MS. SLAVIK: What did you do after you noticed this black Escalade?
CHRIS IGNACIO: I memorized the plate, the license plate.
MS. SLAVIK: Why did you memorize the plate number?
CHRIS IGNACIO: Um, just in case it may be involved in a crime.
MS. SLAVIK: What made you think it could have been involved in the crime?
CHRIS IGNACIO: It was parked directly in front of the residence and as soon as we arrived, it took off up the hill.
MS. SLAVIK: Did you pull the black Escalade over?
CHRIS IGNACIO: No, I did not.
MS. SLAVIK: Why not?
CHRIS IGNACIO: We didn't have a crime at the time.
MS. SLAVIK: Do you remember the license plate that you noted in your mind?
CHRIS IGNACIO: Yes, I do.
MS. SLAVIK: Can you tell the jury what that license plate was?
CHRIS IGNACIO: It's 6LKN013.
MS. SLAVIK: And that was a California plate?
CHRIS IGNACIO: That's correct.
MS. SLAVIK: After you noticed the black Escalade and took note of the license plate number, what did you do next?
CHRIS IGNACIO: We went to the front gate and my partner jumped over the fence and let me in.
MS. SLAVIK: At this point, was anyone else at the residence with you?
CHRIS IGNACIO: Just my partner and I.
MS. SLAVIK: What did you do next after you got into the courtyard?
CHRIS IGNACIO: So we went to the front door and knocked on the door, and then that's when we noticed the door was unlocked.
MS. SLAVIK: How did you discover that the door was unlocked?
CHRIS IGNACIO: We checked the door handle.
MS. SLAVIK: What did you do next?
CHRIS IGNACIO: So we went inside and searched the residence for any suspects or any victims.
MS. SLAVIK: Did you find any individuals, any people in the residence at that time?
CHRIS IGNACIO: No, I did not.
MS. SLAVIK: What, if anything, do you remember seeing inside the residence?
CHRIS IGNACIO: I remember seeing on the table, like, high-end, high-value watches and purses.
MS. SLAVIK: Were these items wrapped?
CHRIS IGNACIO: Some of them were and some of them were not.
MS. SLAVIK: Did anything look disturbed from your observations?
MS. SLAVIK: Was the owner of the property present at this time?
CHRIS IGNACIO: Not at the time.
MS. SLAVIK: Did any other law enforcement officers arrive at the residence?
CHRIS IGNACIO: Yes, two detective units showed up.
MS. SLAVIK: Two detective -- excuse me.
Two detectives you said?
CHRIS IGNACIO: Yes.
MS. SLAVIK: What did you do when those detectives arrived?
CHRIS IGNACIO: We searched the property again to make sure nothing was taken.
MS. SLAVIK: And what happened when you went through the residence again with the detectives?
CHRIS IGNACIO: We just searched the area and just -- just to make sure that there was nobody inside and then make sure nothing was disturbed as well.
MS. SLAVIK: What happened next?
CHRIS IGNACIO: We exited the residence.
MS. SLAVIK: And what, if anything, did you see when you exited the residence?
CHRIS IGNACIO: I saw the same black Cadillac Escalade coming down the hill.
MS. SLAVIK: How quickly was the black Escalade driving as it came down the hill?
CHRIS IGNACIO: Down the hill? I can't be too sure. Maybe 10, 15 miles.
MS. SLAVIK: Miles per hour?
CHRIS IGNACIO: Per hour. Sorry.
MS. SLAVIK: How does that compare to when you saw it driving the opposite direction when you first arrived at the residence?
CHRIS IGNACIO: It was probably about the same, but it took off immediately.
MS. SLAVIK: As you arrived at the residence?
CHRIS IGNACIO: That's correct.
MS. SLAVIK: Now, you said that this was the same black Escalade that you saw when you arrived at the residence?
CHRIS IGNACIO: Yes.
MS. SLAVIK: How do you know that it was the same?
CHRIS IGNACIO: I looked at the rear plate, license plate. It was the same license plate.
MS. SLAVIK: Approximately how much time passed between the first time you saw the black Escalade and the second time that you saw the black Escalade?
CHRIS IGNACIO: I would say about 15 to 20 minutes.
MS. SLAVIK: Did you observe passengers in the black Escalade the second time that you saw it?
CHRIS IGNACIO: I tried to, but it was heavily tinted and I wasn't able to see anybody inside of it.
MS. SLAVIK: Did you pull the black Escalade over the second time you saw it?
CHRIS IGNACIO: No, I did not.
MS. SLAVIK: Why not?
CHRIS IGNACIO: We didn't have a crime at that time.
MS. SLAVIK: Did anyone else arrive at the residence?
CHRIS IGNACIO: Yes, the tenant, Scott Mescudi.
MS. SLAVIK: And how did Mr. Mescudi arrive at the residence?
CHRIS IGNACIO: He arrived in a -- I believe it was a black Porsche.
MS. SLAVIK: A black Porsche you said?
CHRIS IGNACIO: Yes.
MS. SLAVIK: Did you speak with Mr. Mescudi?
CHRIS IGNACIO: I did.
MS. SLAVIK: Did you go through the residence with Mr. Mescudi?
CHRIS IGNACIO: Yes, I do.
MS. SLAVIK: What, if anything, did you conclude with respect to whether a burglary had taken place?
MR. STEEL: Objection, your Honor.
THE COURT: Hold on. That's sustained.
BY MS. SLAVIK:
MS. SLAVIK: Officer Ignacio, what, if any, reports did you complete with respect to the incident that you responded to?
CHRIS IGNACIO: We completed a trespass report.
MS. SLAVIK: What is a trespass report?
CHRIS IGNACIO: It's basically someone entering someone's land or property without the owner's consent.
MS. SLAVIK: And you took that report immediately after the incident?
CHRIS IGNACIO: That's correct.
MS. SLAVIK: I want to turn back to the black Escalade.
You testified that you saw this Escalade pass the residence twice, is that right?
CHRIS IGNACIO: That's correct.
MS. SLAVIK: What, if anything, did you do after the second time you saw the black Escalade pass the residence?
CHRIS IGNACIO: As soon as it passed, I went into our police vehicle and entered the license plate into our mobile digital computer.
MS. SLAVIK: What information did the mobile computer provide after you ran the plates?
CHRIS IGNACIO: It provided the registered owner.
MS. SLAVIK: Your Honor, at this time, the government moves to admit Government Exhibit 8B-101.
MR. STEEL: No objection, sir.
THE COURT: 8B-101 will be admitted.
(Government's Exhibit 8B-101 received in evidence)
MS. SLAVIK: Ms. Foster, could you please publish 8B-101 for the parties and the jury.
Ms. Foster, can you zoom in on the very stop of this document.
BY MS. SLAVIK:
MS. SLAVIK: Officer Ignacio, can you read the title of this document?
CHRIS IGNACIO: DMV vehicle registrations information.
MS. SLAVIK: Thank you.
MS. SLAVIK: Ms. Foster, can you zoom in on the line that says LIC.
MS. SLAVIK: Officer Ignacio, do you see the license plate number that you saw on the black Escalade here?
CHRIS IGNACIO: I do.
MS. SLAVIK: What is that license plate number?
CHRIS IGNACIO: It's 6LKN013.
MS. SLAVIK: And that's the same license plate that you saw in the black Escalade that passed the residence twice?
CHRIS IGNACIO: Yes.
MS. SLAVIK: Thank you, Ms. Foster. Could you go down to the line that says prior R/O.
MS. SLAVIK: Officer Ignacio, do you have an understanding as to what R/O means?
CHRIS IGNACIO: It means registered owner.
MS. SLAVIK: And can you read the name of the registered owner?
CHRIS IGNACIO: Bad Boy Productions, Incorporation.
MS. SLAVIK: Can you read the address?
CHRIS IGNACIO: The address is 9374 Beverly Crest Drive in the city of Beverly Hills.
MS. SLAVIK: Nothing further, your Honor.
THE COURT: All right. Cross-examination.
CROSS-EXAMINATION BY MR. STEEL:
MR. STEEL: Good morning.
CHRIS IGNACIO: Good morning, sir.
MR. STEEL: This is 13 and a half years ago, approximately, is that fair to say?
CHRIS IGNACIO: Yes.
MR. STEEL: And in order to come to the great City of New York, you prepared yourself for this testimony, is that true?
CHRIS IGNACIO: Yes.
MR. STEEL: And the way you prepared yourself was you needed your memory refreshed, is that fair to say?
CHRIS IGNACIO: Yes.
MR. STEEL: And the reason why is because you've been a police officer now for a decade and a half or more, right?
CHRIS IGNACIO: Correct.
MR. STEEL: And you have done a lot of cases, trying to help people, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And some cases stick in your mind, for whatever reason, some cases don't stick in your mind, for whatever reason, is that true?
CHRIS IGNACIO: Yes.
MR. STEEL: And this case had no particular value to you until, of course, you were notified you're having to appear in court, is that fair to say?
CHRIS IGNACIO: Yes.
MR. STEEL: And, in fact, in this particular case, the way you worked, you worked with a teammate or a co-officer that morning, is that true?
CHRIS IGNACIO: Yes.
MR. STEEL: And that morning, that officer is Officer Snyder.
Do you remember him?
CHRIS IGNACIO: I do.
MR. STEEL: And Officer Snyder, just like you're taught and he's taught, actually wrote a report about this incident, is that true?
CHRIS IGNACIO: That's correct.
MR. STEEL: And you used that report to, my word would be, refresh your memory, but whatever.
Just to kind of bring this up, whether you remembered it or not, you rely on that report, is that true?
CHRIS IGNACIO: That's correct.
MR. STEEL: And that report is something that not only do you do regularly in your course of business, or, in this case, Officer Snyder, but you go to training for that report, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And you have to put in that report everything that is to your knowledge at that time important in the case, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And it's important because, 13 and a half years later, you may be testifying about it, right?
CHRIS IGNACIO: That's correct.
MR. STEEL: And you try to make it clear, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And you try to make it understandable, if somebody else has to read it as well, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And police reports are an important part of what you do.
I know you listed a lot of things you do to the ladies and gentlemen of the jury. But the police report is something also important, true?
CHRIS IGNACIO: Yes, it is.
MR. STEEL: And people rely on it, even when you're not there, you understand what I'm talking about?
CHRIS IGNACIO: Yes.
MR. STEEL: Like defense lawyers, judges, prosecutors, citizens, true?
CHRIS IGNACIO: Yes.
MR. STEEL: All right. Now, this is -- you respond, and it's right before Christmas.
It's December 22, 2011, is that fair to say?
CHRIS IGNACIO: Yes.
MR. STEEL: And you arrive at an address, which you announced three times for the jury, but it's 8925 Hollywood Hills Road, true?
CHRIS IGNACIO: That's correct.
MR. STEEL: And that was your area of where you would travel and report to and assist in that time, is that true?
CHRIS IGNACIO: Yes.
MR. STEEL: How long did you patrol, is my word, that area?
CHRIS IGNACIO: For approximately 12 years.
MR. STEEL: So I'm assuming that you're pretty familiar with that area?
CHRIS IGNACIO: I am, yes.
MR. STEEL: And are you familiar with the roads that lead to and from the 8925 Hollywood Hills Road?
CHRIS IGNACIO: Yes.
MR. STEEL: If I showed you --
Your Honor, I believe this is already in evidence. It's Defendant's Exhibit No. 957. Could you take a look at --
I believe it's in evidence, your Honor. It could be shown to everybody.
BY MR. STEEL:
MR. STEEL: If you could look at this and try to tell me and the ladies and gentlemen of the jury whether this accurately depicts the roadway around, you see the 8925 Hollywood Hill Road?
CHRIS IGNACIO: Yes.
MR. STEEL: Just take a minute to orient yourself and just tell me whether you feel comfortable that, yes, this depicts the roads in that area of those subdivisions?
CHRIS IGNACIO: Yes, it does.
MR. STEEL: All right. Can you explain to the jury -- they have it on their screens if you don't see where they sit, so they can see what is marked and admitted as 957, Mr. Combs exhibit.
Is it fair to say from that house, the 8925 Hollywood Hills house, a lot or all of the roads to the bottom or to the south of that area, they are dead-ends, is that true?
MS. SLAVIK: Your Honor, I would just ask Mr. Steel to refrain from the compound questions.
THE COURT: Is that an objection?
MS. SLAVIK: Yes, your Honor.
THE COURT: All right. Mr. Steel, could you rephrase the question.
MR. STEEL: Sure.
BY MR. STEEL:
MR. STEEL: Using Exhibit No. 957, is it fair to say that from 8925 Hollywood Hills Road, the home, if you go south or downward on the exhibit, you hit to the left, you hit dead-ends, is that your memory?
CHRIS IGNACIO: According to the photo, it does look like some of them are dead-ends.
MR. STEEL: Let's talk about you, because you've driven this area or parts of that area for 12 years, right?
CHRIS IGNACIO: Correct.
MR. STEEL: And it's a true statement, it's a beautiful neighborhood, right?
CHRIS IGNACIO: Yes, it is.
MR. STEEL: A lot of cul-de-sacs, dead-ends, true?
CHRIS IGNACIO: Yes.
MR. STEEL: Now I want to go back and just talk about --
MR. STEEL: You can take that down if you don't mind, when you get a chance.
MR. STEEL: I want to go back, sir.
Did you need to see that longer?
CHRIS IGNACIO: No, sir.
MR. STEEL: If you do, tell us or the court.
CHRIS IGNACIO: Thank you.
MR. STEEL: No problem.
It's 8:20 in the morning. You get a call for a potential person in someone's house, that's what you told the jury, fair to say?
CHRIS IGNACIO: Yes.
MR. STEEL: And that's true, right?
CHRIS IGNACIO: Yes.
MR. STEEL: It's recorded in your report or Officer Snyder's report, right?
CHRIS IGNACIO: That's correct.
MR. STEEL: So, you really don't know, god forbid, what you're coming into, right?
CHRIS IGNACIO: Yes.
MR. STEEL: It could be a home innovation, right, true?
CHRIS IGNACIO: Yes.
MR. STEEL: It could be a simple trespass, right?
CHRIS IGNACIO: That's correct.
MR. STEEL: It could be nothing, it could be, you know, a report that's just not vindictive, but just wrong, right?
CHRIS IGNACIO: Yes.
MR. STEEL: So you and your partner are on alert to report, and you put on -- I'm not saying you, you or your partner -- put on what I would call blue lights, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And the sirens, right?
CHRIS IGNACIO: That's correct.
MR. STEEL: And even though it's 8:20 in the morning, it doesn't matter because this could be a dangerous situation, it may not be a dangerous situation, but you're taking no --
You're going to play it safe, true?
CHRIS IGNACIO: Yes.
MR. STEEL: You also want to get there as fast as possible, so you are warning people, we are coming through, the police, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And you're in the black-and-white patrol vehicle, so it's clearly marked to a casual observer, true?
CHRIS IGNACIO: Yes, it is, true.
MR. STEEL: And when you arrive, you actually see if the government -- or excuse me.
MR. STEEL: If we could put up, and they are both in evidence now, it's Government Exhibit 8C, as in Colette, 101 and 8C-102. You can put them next to each other, if that's OK.
MR. STEEL: Do you see this on your screen, sir?
CHRIS IGNACIO: Yes, I do.
MR. STEEL: Let's wait for the other exhibit.
Now, this is the same exact photograph, but just from a different angle, is that true?
CHRIS IGNACIO: This appears to be.
MR. STEEL: I'll just use both. But if you're focusing on one, just announce it.
When you arrive with your partner, Officer Snyder, there's actually a large car there, right, a black Cadillac Escalade, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And you're so observant, and that's what you're trained to do, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And you didn't remember the license plate for 13 and a half years, but you refreshed your memory and you were able to tell it off the top of your head today, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And when you arrive, you know that you're going to a possible crime at that home, and the car was there.
So you're observant and you focus in and get the license plate, right?
CHRIS IGNACIO: Yes.
MR. STEEL: But you don't follow the car as it pulls off because you really get a call from a house, and there's only one of you and Officer Snyder, true?
CHRIS IGNACIO: Yes.
MR. STEEL: But you record that license plate that the jurors just heard, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And the car pulls off. If doesn't peel wheels or anything, it just drives away as you're pulling up, true?
CHRIS IGNACIO: It drives up the hill, yes.
MR. STEEL: OK. Now, I want you to tell the ladies and gentlemen of the jury, at the time, that you're observant, you're following all this, you're focused, did you see a black Porsche next to or around that black Cadillac Escalade?
CHRIS IGNACIO: I don't remember.
MR. STEEL: Well, you would have put it in your report, right?
CHRIS IGNACIO: Possibly.
MR. STEEL: OK. And, I mean, if you saw the black Cadillac and the Porsche interacting in any way, you would have included both vehicles, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And you didn't see a car chase at all, did you?
MR. STEEL: Because a car chase would have been important to you, as well, right?
CHRIS IGNACIO: Yes.
MR. STEEL: If two cars were driving side by side or one car in front of the other or fast, that's something that law enforcement officers like you, an observant gentleman, would have noted, right?
CHRIS IGNACIO: Yes.
MR. STEEL: That didn't happen here, right?
MR. STEEL: When you get the call to respond to the scene, it's important that you have all the information that you can have, right?
CHRIS IGNACIO: Yes.
MR. STEEL: You had no information that there was a gun involved, am I correct?
CHRIS IGNACIO: I don't believe so, no.
MR. STEEL: You would have put that in the report, right?
It would have been on the radio, right?
CHRIS IGNACIO: Yes.
MR. STEEL: Because you have to know whether you are going into a potential -- anything could be dangerous. I'm not belittling that.
You have to know as much information so you can properly have your mind set on how you're going to respond, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And a firearm is always serious to everybody, true?
CHRIS IGNACIO: Yes.
MR. STEEL: OK. And that's not in your report, right?
MR. STEEL: In fact, no one, to your knowledge, told you or Officer Snyder anything about a firearm, true?
CHRIS IGNACIO: True.
MR. STEEL: OK. And you also spoke with, as well as the detectives and Officer Snyder, spoke with the tenant or the homeowner, is that true, later that day?
CHRIS IGNACIO: Yes.
MR. STEEL: And the homeowner never mentioned anything about a gun, right?
CHRIS IGNACIO: I don't remember.
MR. STEEL: Well, is it in your report; how about that?
CHRIS IGNACIO: It's not.
MR. STEEL: OK. And that's something that is so important that you would have put in the report, true?
CHRIS IGNACIO: Possibly.
MR. STEEL: Well, why possibly?
CHRIS IGNACIO: Well, if he would have told us, we probably, most likely, would have put it in the report.
MR. STEEL: Of course. I mean, if a perpetrator is in someone's home with a firearm, you're writing it down in the report, right?
CHRIS IGNACIO: Yes.
MR. STEEL: Now, did you hear anything about a kidnapping?
MR. STEEL: Because a kidnapping is something violent, as well, true?
CHRIS IGNACIO: Yes.
MR. STEEL: You know the definition of a kidnapping?
MS. SLAVIK: Objection.
THE COURT: That's sustained.
MR. STEEL: You didn't hear anything about a kidnapping in this matter, did you?
MR. STEEL: OK. Because that would have been important to put in the report, right?
CHRIS IGNACIO: Yes.
MR. STEEL: OK. And I want to ask you, if you don't mind, whether you were ever told that the homeowner was in the house shortly before you and your partner got there?
MS. SLAVIK: Objection.
THE COURT: It's overruled.
CHRIS IGNACIO: Can you repeat the question?
MR. STEEL: Of course.
Did you have any information from the homeowner --
You spoke with the homeowner eventually, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And let's just put it in sequence.
You and your partner get there, the black Cadillac drives off, fair?
CHRIS IGNACIO: Yes.
MR. STEEL: OK. You're observant, you see the black Cadillac's license plate.
You already told that, right?
CHRIS IGNACIO: That's correct.
MR. STEEL: You don't see anything about a Porsche, correct?
MR. STEEL: You don't see anything about any other car, true?
MR. STEEL: And am I right?
CHRIS IGNACIO: Yes.
MR. STEEL: And you don't see a car chase at all, right?
MR. STEEL: Even when the black Cadillac, later, 10, 15 minutes later drives by, you don't see a car chase or another car, true?
Am I correct?
CHRIS IGNACIO: Yes.
(Continued on next page)
BY MR. STEEL:
MR. STEEL: Am I correct?
CHRIS IGNACIO: Yes.
MR. STEEL: Now, you and your partner get to the house, your blue lights are on, your siren is on, and you need to enter the home to clear it, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And by clearing it, that means you just have to see -- not only you but the partner and the other officers who arrive -- you have to make sure that it's safe, true?
CHRIS IGNACIO: Yes.
MR. STEEL: Okay. And at that point in time you don't see anybody leaving the house, right?
MR. STEEL: And your partner actually climbs over what we have on the Court's screen. It's either HC, as in Collette, 101 or 102, either one. Your partner climbs that small wall, or it may not be that small, but the wall, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And your partner goes around and that gate that's in there that the jurors can see on the screen, opens the gate, so other officers, including yourself at first, can enter, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And do you remember the courtyard when you walk in through that gate?
CHRIS IGNACIO: Yeah. It was a short courtyard.
MR. STEEL: It had trees; fair to say?
CHRIS IGNACIO: Yes.
MR. STEEL: And it had -- it was nicely manicured if you remember at that time?
CHRIS IGNACIO: Yes.
MR. STEEL: And it's something where it blocks the house, the trees block the house, true? I mean, from the yard -- I mean from the street. Sorry.
CHRIS IGNACIO: I believe so, yes.
MR. STEEL: And this way if you're sitting at that gate, that your partner, Officer Snyder opened up, you can't see the house, but you can see into the courtyard, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And behind the courtyard, though, is the house, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And you eventually make your way, but you're searching the grounds. That's how you remember the courtyard. You're making sure nobody is in the courtyard, because people can hide behind trees or in trees, bushes, things like that, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And you're clearing that; clearing that means you're making it safe, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And you and your partner have your guns on ready. I'm not saying you're pointing at anybody, but you're ready for anything that may happen, true?
CHRIS IGNACIO: Yes.
MR. STEEL: You're again observing, right?
CHRIS IGNACIO: Yes.
MR. STEEL: After you clear that courtyard and finally see the house, then you make entry to the home, true?
CHRIS IGNACIO: Yes.
MR. STEEL: Now, the home door is actually not ajar. I'm not saying it's like, you know, a cat could run in, but it's -- you don't need a key, you can just turn the knob and get in; is that true?
CHRIS IGNACIO: Yes.
MR. STEEL: When I say turn a knob, I shouldn't have said that. You actually push down on the door, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And then in the interior of the house, right?
CHRIS IGNACIO: That's correct.
MR. STEEL: And at that point, again, you and your partner have to go together, you have to be aware, you have to clear the different areas, including cabinets, etc., make sure no one is hiding, true?
CHRIS IGNACIO: Some cabinets.
MR. STEEL: I mean cabinets large enough to fit a human being, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And you do that for the entirety of the house, right?
CHRIS IGNACIO: Yes.
MR. STEEL: You do it for the backyard as well, right?
CHRIS IGNACIO: I believe, yes.
MR. STEEL: And you made sure, based upon your best senses, as well as relying on your partner and the other officers to come, there was no danger there; there was no one there, true?
CHRIS IGNACIO: Yes.
MR. STEEL: Am I correct?
CHRIS IGNACIO: Yes, sir.
MR. STEEL: Okay. Now, officer, there was no property disturbed in the house from what you could tell, true?
CHRIS IGNACIO: From what it seemed like, yes.
MR. STEEL: And there was no furniture upended, right?
MR. STEEL: No closets thrown about, right?
MR. STEEL: It looked organized, true?
CHRIS IGNACIO: Yes.
MR. STEEL: And you didn't see any bullet holes in the wall or notes of threats or anything like that, did you?
MR. STEEL: Because you would have made note of all that, right?
CHRIS IGNACIO: Yes.
MR. STEEL: Now, you called it, I believe, not a burglary, but a trespass; do you remember telling the ladies and gentlemen of the jury that?
CHRIS IGNACIO: Yes.
MR. STEEL: And that's because if a person is in another person's property or residence --
MS. SLAVIK: Objection.
THE COURT: I think sustained, but I didn't hear the rest of the question so maybe re -- try to rephrase it.
MR. STEEL: If the Court says you think sustained, I will rephrase it.
MR. STEEL: You didn't see evidence of anything stolen, right?
MR. STEEL: Okay. And the homeowner didn't report anything stolen, true?
CHRIS IGNACIO: He did not.
MR. STEEL: Now, with regards to that Escalade, if you had any evidence that Escalade was carrying somebody with a gun, you could have done -- put out what's called a BOLO. Do you know what I mean by a BOLO?
MS. SLAVIK: Objection.
THE COURT: That's overruled.
CHRIS IGNACIO: We could have. Yes.
MR. STEEL: Can you tell -- some people may not know what that acronym means. Can you just explain that to the ladies and gentlemen of the jury what a BOLO is?
CHRIS IGNACIO: I believe it means be on the look out.
MR. STEEL: And that's where you can use your radio on your shoulder, right? True?
CHRIS IGNACIO: Yes.
MR. STEEL: And you can say, hey, just saw this Cadillac Escalade, been told that somehow it's involved in a major crime, right?
CHRIS IGNACIO: Yes.
MR. STEEL: You did not do that, did you?
CHRIS IGNACIO: We did not.
MR. STEEL: There was no mention of any threat to kill because you would have thought that was important, right?
CHRIS IGNACIO: Yes.
MR. STEEL: So and was there any mention that there was security cameras; do you remember that?
CHRIS IGNACIO: No mention, but I did see some cameras on the exterior of the residence.
MR. STEEL: And the homeowner or tenant was charged, if you know, with getting those images if they exist, if they were working, to law enforcement; is that true?
CHRIS IGNACIO: Yes. We asked Mr. Scott Mescudi if he can provide us with --
MR. STEEL: And he was -- sorry. Go ahead.
CHRIS IGNACIO: Surveillance footage.
MR. STEEL: And he was cooperative with law enforcement, right?
CHRIS IGNACIO: Yes.
MR. STEEL: And he wasn't hyperventilating or saying, oh, my God, this is -- this is a threat to me, right? He was professional?
CHRIS IGNACIO: Came off I guess kind of I would say like -- how can I explain it?
Like he was flustered, a little flustered.
MR. STEEL: Okay. And did you ever search his Porsche?
CHRIS IGNACIO: I did not.
MR. STEEL: Was he driving a Porsche?
CHRIS IGNACIO: Yes, he was.
MR. STEEL: Do you remember what color?
CHRIS IGNACIO: I believe it was a black Porsche.
MR. STEEL: Your Honor, may I just have a minute if you don't mind.
THE COURT: You may.
MR. STEEL: Thank you, sir. I'll be right back.
Officer, just give me one second, okay?
CHRIS IGNACIO: Yes.
BY MR. STEEL:
MR. STEEL: Can I just ask you one other question, sir?
CHRIS IGNACIO: Yes.
MR. STEEL: Your Honor, is that okay?
THE COURT: It's okay.
MR. STEEL: You arrive, I believe you told the jury, approximately -- or you got the call to arrive approximately 8:20 that morning, true?
CHRIS IGNACIO: Yes.
MR. STEEL: It wasn't 6:30 in the morning; the first call was 8:20, true?
CHRIS IGNACIO: Approximately 8:20, yeah.
MR. STEEL: Approximately, okay, all right. And obviously I believe it's daylight, true?
CHRIS IGNACIO: Yes, it is.
MR. STEEL: Okay. Thank you, sir.
THE COURT: All right. Any further examination?
MS. SLAVIK: No redirect, your Honor.
THE COURT: All right. Thank you very much, Officer Ignacio.
CHRIS IGNACIO: Thank you very much.
(Witness excused)
THE COURT: The government may call its next witness.
MS. SLAVIK: Your Honor, the government's next witness is arson investigator Lance Jimenez.
And with the Court's permission, I will place a binder at the witness stand.
THE COURT: Very well. LANCE JIMENEZ, called as a witness by the Government, having been duly sworn, testified as follows:
CHRIS IGNACIO: Good morning, your Honor.
THE COURT: Good morning.
COURT CLERK: Can you provide the Court your first and last name and spell your first and last name.
CHRIS IGNACIO: Lance Jimenez, L-A-N-C-E, J-I-M-E-N-E-Z.
THE COURT: Ms. Slavik, you may proceed.