Professional Documents
Culture Documents
9 VOLUME 1
TRANSCRIPT OF TRIAL
10 BEFORE THE HONORABLE PHILIP G. REINHARD, and a jury
11 APPEARANCES:
4 Al len.
14 behal f of Mont rel l McSwain , who ' s present si t t ing at the table .
19 t r ial this morning. Is there any change of plea for any of the
23 innocence.
25 the government had indicated that i t was f i l ing a Sect ion 851
3 Mr . Dodson, Judge.
12 Mr . Iasparro?
20 over the t ranscr ipts in detai l , I not iced some problems, and I ' d
21 l ike to raise i t wi th the cour t . I ' m not sure how you want to
22 handle this . There ' s one t ranscr ipt in par t icular that i t ' s
23 clear that the words are incorrect , and they ' re impor tant words,
24 and I can ident i fy the exact t ranscr ipt and the exact words. I
1 the t ranscr ipt is incorrect that they provided me. But the
2 second one is is that there ' s a conversat ion that ' s cl ip number
3 32 wi th --
4 THE COURT: I don ' t have any of this. You know that .
10 leaves the room, and then others engage in conversat ion about
11 drugs.
13 indicate to the jury that he was present for this conversat ion .
16 working on the door . He leaves the room. He ' s not present for
17 the conversat ion that occurs af ter that , and I don ' t want the
18 jury to bel ieve that he was going back, and they get these in
19 the jury room or things of that sor t , and they say, "Wel l , gee .
20 He was present for this conversat ion when they were never
21 talking about drugs." So, I can ident i fy par t icular words, and
1 there ' s a di fference as you interpret the words and the person
3 that , and the jury is inst ructed , and I ' l l inst ruct them at the
4 t ime they hear the t ranscr ipt or at the t ime that they read the
5 t ranscr ipt that the words that they hear cont rol and that the
9 i t ' s agreed that he lef t the room, that ' s one thing. If i t ' s
10 not agreed that he lef t the room, that he was present , the top
11 of the t ranscr ipt -- I don ' t think the top of the t ranscr ipt
14 counsel has had draf t t ranscr ipts for several weeks. This is
15 the f i rst we ' ve heard of any object ions to any t ranscr ipts. As
22 the top of each t ranscr ipt , Agent Smi th, who f inal ized the
23 t ranscr ipts , ident i f ied who the par t icipants are and , by
24 par t icipants, persons in the room at the t ime that that video
5 in conversat ion dur ing that video cl ip. So, i t ' s clear ly
6 relevant .
7 THE COURT: Wel l , I don ' t know that the heading -- the
9 t ranslat ing the words that were spoken. If that issue is going
12 understand that .
14 simply included as an aid to the cour t and the jury, number one,
15 and also to ident i fy who the par t icipants are and to show the
16 cour t why these par t icular video cl ips and t ranscr ipts are
18 THE COURT: I ' m not sure -- I know why you ' ve got i t
20 aid in understanding the words that are spoken, and i f there ' s a
22 the video. So, I may st r ike that . I may not . We ' l l see what
23 happens.
5 table. I t ' s not a big thing, but I ' d ask that none of the
10 but I don ' t think that ' s going to prejudice the jury.
11 THE COURT: Wel l , I don ' t want the jury to see what
20 i t -- you ' re not going to use i t dur ing jury select ion process .
7 paralegals.
17 M-a- l -o-n-e .
25 forward.
2 t r ial . I ' m just making sure that that ' s what you want to do.
12 Mr . Byrd.
15 You ' ve heard me indicate that the government f i led a mot ion last
16 week under -- or a not ice that would increase the penal t ies i f
4 oppor tuni ty on the two defenses that you had stated that you
5 wanted to present and which I prel iminar i ly had said that you ' ve
6 not made a suff icient offer of proof that those defenses would
7 be avai lable. Is there any addi t ional offer of proof that you
11 rul ing f inal based upon the offers that were made by the
16 or anything l ike that , you may not ment ion those as being a
19 THE COURT: There was at least another mot ion that was
21 par t icular shoot ing, and as I recal l -- and I ' m t rying to f ind
22 that mot ion -- that has to do wi th the shoot ing that took place
23 dur ing the course of this conspi racy, and the government would
25 Defendant Dodson par t icipated in that shoot ing, and that that
1 shows one way in which they accompl ished the object ive of the
7 l inked , I think, to the mot ive for commi t t ing the conspi racy.
10 dur ing the course of the conspi racy someone else, I bel ieve that
14 there ' s such a prejudicial effect that I should in some way not
18 you to -- apparent ly, you ' re going to have wi tnesses who are
20 conversat ions that they had wi th Dodson that would indicate that
24 that you thought you ' d have pol ice off icers test i fy to the
3 THE COURT: I ' m going to al low one off icer to test i fy,
4 and that off icer may test i fy that on a cer tain date they
5 invest igated a shoot ing and who the vict im was, and I guess they
15 made.
21 abet tor .
23 and say, "I ask the cour t to admonish the jury that this
2 Mr . McSwain . I don ' t bel ieve there ' s any evidence that he took
3 par t in that shoot ing. I don ' t bel ieve that he was even
4 present .
7 Harr is and Dupree Turner , about the shoot ing and has pret ty
10 fact . He has to have reason to bel ieve that that might occur .
13 that inst ruct ion . I ' ve just got to see how the evidence comes
15 The other issue, is there some other shoot ing that you
20 test imony from any off icers about two shoot ings on Underwood
21 St reet . On August 9th and August 11th, 2005, there were two
22 shoot ings that happened in front of one of the gang ' s drug
11 some way.
18 they are ready, and we won ' t take a break ' t i l about 10:30. We
20 seven jurors or so, but we ' l l see how that leaves us . So, we
25 have an ext ra copy, except my own copy. The lawyers may have
1 that .
9 please?
20 presiding in the case that has been cal led for t r ial . We
22 when I arr ived at about 7:30, and when we have as many jurors as
24 fact that you were here prompt ly, and we have 72 jurors for this
25 case.
3 quest ions are designed to f ind out a l i t t le about you and to see
5 of the jury.
7 ask a quest ion "Is there anything else that you should tel l me
9 impar t ial juror , " and i f there is something in the back of your
16 THE COURT: Thank you. I hope you are able to hear me.
17 I real ize we ' ve got jurors in the back rows. Are there any
21 30 percent .
22 THE COURT: Why don ' t you take a seat in the front row.
4 closer to me, but I wi l l quest ion you fur ther at a later point
5 i f you ' re cal led as a juror just to f ind out the extent of your
7 You have heard that this case has been cal led for
9 this case. The government has brought this case. I ' m going to
10 give you a shor t statement of the case, and then I ' m going to
11 int roduce those people who are the par t icipants who are seated
12 at counsel table .
15 intent to dist r ibute more than one ki logram of heroin and more
18 and abet t ing that conspi racy. I wi l l later inst ruct you once
20 and also what aiding and abet t ing a conspi racy is.
11 U .S. At torney ' s Off ice, and she wi l l be here not al l the t ime,
12 but somet imes to help them wi th some of the elect ronic equipment
13 that wi l l be used.
14 The defendants in the case are as fol lows, and they are
16 at torney.
12 jury.
17 overcome unless you have heard evidence from the government that
22 and a defendant need not test i fy, and that fact that he does not
2 give you what we cal l admoni t ions or inst ruct ions that this
7 charged in this case. You must give separate considerat ion and
9 doubt .
11 be rul ing on quest ions of law, but nothing I say or do dur ing
13 as to what I feel about the facts because i t ' s not mater ial .
14 I t ' s what you people conclude from the facts. And you wi l l ,
16 that is your funct ion , and you may choose to bel ieve al l of a
17 wi tness ' test imony, some of a wi tness ' test imony, or none of a
18 wi tness ' test imony. I wi l l give you inst ruct ions at the end of
19 the case and throughout the case as to your funct ion in judging
23 see you ' ve nodded. You must read that . I hope you ' ve read i t
25 does not mean that these people wi l l test i fy, but the reason for
1 the l ist is that you now can look at i t and determine whether
3 does not el iminate you from being a juror , but I wi l l ask you
5 wi tnesses.
7 cont inue -- that ' s not any prohibi t ion on serving in this case .
8 Just remember you must fol low the inst ruct ions of law that I
11 when you ' re cal led to the jury box. I t wi l l be fami ly, i t wi l l
14 answers. I ' m not t rying to pry into your personal affai rs, but
15 that ' s the only way in which I and the lawyers are able to in
16 this shor t span determine whether you ' re sui ted to be a juror in
17 this case. The fact that somebody ' s excused as a juror , don ' t
19 wi th you. I t ' s just that for some reason the cour t and the
20 lawyers have fel t that i t would be bet ter to have somebody else
23 week. From what the lawyers have told me, this case wi l l end on
24 Tuesday of next week. I ' m going to just play i t safe and ask
2 outside, I ' m going to need jurors who can serve through next
3 Wednesday.
5 ask al l of you some general quest ions , and that way some of you
11 here and consider the case as i f they were going to be the f inal
13 Please pay at tent ion when I ' m asking these quest ions of
18 now. I want f inal ly, before I say that , to tel l you that we
23 were someplace else today, but I ' ve found that the jurors who
24 have ul t imately served on cases feel that this has been a very
4 yoursel f , we ' l l get a microphone over there, and you can explain
5 your answer .
18 your --
7 THE COURT: And other than that relat ionship, have you
11 you feel that your associat ion wi th him is such that you would
15 THE COURT: Al l r ight . You ' ve used the word hope, and
23 there anything that arose out of that relat ionship that would
24 spi l l over and cause you in some way to use those facts in that
1 not --
12 else?
13 (No response . )
19 row. We ' re get t ing you a microphone. Or the second row, the
24 Ivancich.
15 neighbor?
10 Your name, si r .
16 wel l .
20 quest ion? Do you feel that you could judge this case and not
8 these wi tnesses are. Do you know whether she ' s a pol ice
9 off icer?
12 acquaintanceship?
14 Gal lent ine, and I know him just to see him, Dean Gal lent ine. I
22 this case, can you judge i t on the facts when you hear test imony
2 may have had a relat ionship wi th her in high school . Have you
7 change . Al l I ' m asking is i f she were to test i fy, you ' re going
8 to have to judge her credibi l i ty, and can you do that as i f you
23 work at .
3 THE COURT: And have you had any relat ionship wi th him
6 THE COURT: Do you feel that based on what you ' ve told
7 me that you could judge -- i f he test i f ies , you could judge his
8 test imony l ike you would anyone else that you wouldn ' t know?
21 nurse, and I bel ieve he has recent ly come into our pract ice, but
3 THE COURT: You ' d be able to judge his test imony l ike
7 the place where you work at , there ' s no economic si tuat ion
9 test imony?
14 your hand.
15 (No response . )
2 test i fy. The indictment is not any evidence of gui l t nor is his
3 arrest . The government must prove him gui l ty, each defendant ,
8 (No response . )
10 Does any juror have any physical condi t ion which would
12 talking about hear ing or some other medical reason why you can ' t
21 THE COURT: We won ' t be here for more than two hours.
24 juror and we go -- I let them go over two hours , you raise your
4 t ime hear ing you when you back away from the mike. When you ' re
5 up in front of i t , I ' m okay, but when you kind of get away from
7 THE COURT: Have you got ten the substance of what I ' ve
8 said so far?
22 aids. I can hear you qui te clear ly, but somet imes i t kind of
23 fades away.
2 THE COURT: Okay. Thank you. But I take i t you can ' t
6 personal , moral , or rel igious bel ief that would prevent you from
10 pol ice off icer , and I ' ve made arrests wi th gun charges --
14 (No response . )
18 al legat ion of conspi racy to sel l cer tain cont rol led substances
19 and that in fur therance of that conspi racy cer tain people
21 couldn ' t be fai r in this case? If so, please stand. Your name,
5 then feel that you would take i t out against the defendants who
12 you who have had persons in thei r fami ly that have had a drug
13 addict ion problem, and what I ' m st r iving for is twelve jurors
15 exper iences in our affai rs that we ' ve reacted to. I need people
16 who can be fai r and impar t ial and judge this case on the basis
19 the end of the case. Is there any juror who i f they fel t that
20 my inst ruct ion was not r ight would not fol low i t? In other
21 words, create your own inst ruct ion. Is there anyone who would
23 (No response . )
1 Wednesday of next week. Is there anyone who could not serve for
3 thei r hands . I t ' s the summer season. I know people have jobs
4 and vacat ions. Yes, ma ' am. Your name and where you ' re from.
14 work that ' s due the 23rd, and I ' d be a l i t t le concerned about
15 making that date , but I understand -- I ' m more worr ied about --
20 THE COURT: I don ' t think you have to worry about that .
1 from DeKalb.
5 chi ldren, and my husband lef t yesterday for two weeks for DARE
17 Sears Holdings Corporat ion , and there ' s mysel f and a coworker
18 who is on vacat ion this week due to his wi fe going into surgery,
19 and I ' m the only other technician in our dist r ict for this area.
22 cal led and how many others are there. Employment is impor tant ,
25 from Cor t land, and I work for a very smal l company. I 'm a
1 project manager , which means get t ing the projects going and
8 don ' t pay our bi l ls, and the projects are stal led unt i l I ' m
9 there.
14 I l l inois.
1 t ickets.
9 the weekend wi th cont ract ions. So, she could go at any t ime.
12 (No response . )
18 Machesney. My wi fe has cancer , and she ' s due to have chemo next
20 survived for about seven years now, and I ' d l ike to keep her
21 that way, but I thought i t would be maybe a shor t t r ial and that
2 you to the jury box, and the f i rst one cal led takes the f i rst
3 seat in the front row . Then the next f ive go to the next f ive
4 seats. So, leave the last seat in the front row vacant . The
5 seventh juror wi l l take the f i rst seat in the back, and we ' l l go
10 br ief . Whatever you ' re going to ask, we ' re not having a sidebar
11 on i t . Step forward.
15 appreciate i t .
20 that ' s the fact that , you know, the t r ial -- the government said
23 up unt i l Wednesday, and I have some very ser ious concerns . This
1 verdict .
3 through Tuesday.
5 them maybe a day to del iberate on three defendants and mul t iple
19 Jager , J-a-g-e-r .
21 quest ions, and you ' re the f i rst one that I ' l l be asking the
22 quest ions of , but the rest of you bear wi th me. What I ' m
3 PROSPECTIVE JUROR: 52 .
7 area?
24 depar tment .
11 operat ion.
13 work for somebody else from t ime to t ime, or how does he work
14 i t?
16 only employee.
1 cour t?
3 THE COURT: And was that when you were residing here in
4 Winnebago County?
15 the inst ruct ions that I ' l l give you in this case, and they ' l l be
19 I talk about fami ly, I ' m probably referr ing to your parents or
25 government?
3 in law enforcement?
7 good or par t icular ly bad, that may cause you to judge the
8 test imony of a pol ice off icer di fferent from any other wi tness?
12 same way you would judge the test imony of any wi tness? That is,
13 you ' re not going to give any more or less weight to that wi tness
23 offense?
1 organizat ions?
7 dist r ibut ion of cer tain types of cont rol led substances?
10 you ever taken a posi t ion ei ther for or against gun laws?
17 you give a gang member a fai r t r ial and requi re the government
21 THE COURT: Now, is there any quest ion that I haven ' t
22 asked that you have in the back of your mind, wel l , maybe I
1 promise me you ' d be a fai r and impar t ial juror in this case?
2 PROSPECTIVE JUROR: I wi l l .
8 THE COURT: And I think you said you were from the
9 Rockford area?
5 in a l ibrary, or a bookstore.
12 THE COURT: And what ' s your capaci ty? What do you do
13 there?
15 cl inic .
23 didn ' t want any propr iety to be quest ioned later i f indeed i t
1 i f you recognize the person, should he test i fy, that would have
8 Amer ican.
10 number of years?
18 nursing.
3 enforcement?
7 to, let ' s say, bel ieve a pol ice off icer more than you would
20 because of that relat ionship. You can assure us that i t ' s not
25 husband?
5 husband.
9 enforcement that could cause you to judge the test imony of a law
13 commi t ted to Singer involuntar i ly, and the pol ice came to the
16 agree, again, though, that you ' re going to judge the pol ice
17 off icers, i f they test i fy in this case, based on not your past
21 wi tnesses?
25 THE COURT: And do you agree that you shouldn ' t take a
1 person ' s prominence in the communi ty or the fact that they wear
3 wi tness?
15 organizat ions?
17 Associat ion for the Mental ly I l l , the Nat ional Al l iance for the
20 that would regulate and make i l legal cer tain types of cont rol led
21 substances?
23 THE COURT: And do you have any object ion to laws that
9 base this case on the evidence and the charge against him?
11 THE COURT: Any quest ion that I haven ' t asked you that
15 THE COURT: You can be fai r and impar t ial to both sides
16 i f selected?
19 Mr . -- is i t --
4 before that three years in Plat tevi l le; and before that
12 moment , a son.
25 Deere.
2 that job?
8 I l l inois.
24 juror that had served before. You ' l l fol low the inst ruct ions
10 So, I ' ve had people at the federal level from Washington D.C.
7 enforcement?
12 THE COURT: Other than what you ' ve told me about those
23 regular ly or not?
6 pol ice off icer l ike anyone else , no more weight or less weight
17 offense?
20 organizat ions?
1 laws that prohibi t cer tain types of cont rol led substances?
3 THE COURT: And the same quest ion regarding cer tain
4 types of f i rearms.
8 THE COURT: And you ' re not a member of any organizat ion
13 may be evidence that a defendant was in the gang. The quest ion
21 THE COURT: Anything I ' ve fai led to ask you that you
5 understand that?
12 THE COURT: Can you be fai r and impar t ial to both sides
6 years.
12 Cent ral .
3 business.
16 background?
22 federal government?
2 enforcement?
8 enforcement off icer ' s test imony should be judged in the same way
17 organizat ions?
23 organizat ion that is ei ther pro gun or ant i gun legislat ion?
1 that in this case. Wi l l you judge this case based on the facts
3 have been charged and not just because the person is a member of
4 a gang?
12 THE COURT: Now, is there any quest ion that I haven ' t
18 Your name, si r?
21 day.
25 nonunion?
11 background?
1 inst ruct ions of law that I give you in this case, wi l l you not?
4 federal government?
10 enforcement?
14 could inf luence your abi l i ty to fai r ly judge the test imony of
18 a cr iminal case?
21 wi th a cr iminal offense?
24 organizat ions?
2 laws that regulate cer tain types of cont rol led substances and
7 f i rearms?
12 relates to the cr imes charged and that the government must prove
21 quest ions.
24 you that you would br ing to my at tent ion as i t may affect your
3 impar t ial?
9 PROSPECTIVE JUROR: 82 .
21 THE COURT: Can you just tel l me what thei r occupat ions
22 are?
25 THE COURT: Okay. And other chi ldren that you have?
7 THE COURT: What did your son who is ret i red do?
11 THE COURT: I presume that you ' ve been ret i red for --
14 ret i red?
16 dietary.
17 THE COURT: Al l r ight . And how long did you work for
18 them?
22 twelve years.
13 federal government?
16 enforcement?
20 off icer?
3 organizat ions?
6 Church .
11 THE COURT: Have you ever taken a posi t ion or been par t
12 of an organizat ion that ' s ei ther been for gun cont rol or against
15 THE COURT: Al l r ight . Have you ever been act ive one
2 wi th. Can you perform that funct ion and make that determinat ion
4 that makes him gui l ty of the offense that he ' s charged wi th?
11 anything that you have in your own mind that you would volunteer
22 Your name, si r?
20 places .
22 dr iver?
1 THE COURT: Al l r ight . And did you own your own farm?
9 Bank.
13 background?
24 enforcement?
7 relat ion that ' s in law enforcement , you can assure me that a law
8 enforcement off icer who test i f ies is not going to get any more
14 off icers?
14 based on the charges that have been brought and the proofs that
15 you hear and not render a verdict just because you may not l ike
16 gangs?
18 a lot chi ldren, and I see a lot of si tuat ions that I have a
21 evidence that a person was par t of a gang, but that i t ' s not
2 PROSPECTIVE JUROR: Yeah, and I ' m not sure how I ' d l ike
4 fai r , but --
7 know how else to answer that . I can ' t say yes or no for sure
12 quest ion that person, and then we ' l l take a recess. Cal l a
3 THE COURT: And any other chi ldren outside the house
25 THE COURT: And were any of those posi t ions -- were you
11 or eleven years.
13 background?
25 hal f -- take that back. I t was about two years ago, and i t was
1 a cr iminal case.
15 even though this is a cr iminal case, you ' l l have to fol low the
16 inst ruct ions that I give you in this case. They may be somewhat
1 enforcement?
3 off icers.
7 And I have another cousin who is on the Cook County Sher i ff ' s
8 Depar tment .
9 THE COURT: Can you judge the test imony of a pol ice
10 off icer or a law enforcement off icer just l ike every other
11 wi tness and not give any more or less weight to the person just
18 case?
22 offense?
8 case?
11 organizat ions?
15 dist r ibute?
17 THE COURT: And do you have any opposi t ion to laws that
18 regulate f i rearms?
1 evidence of that . Can you judge this case based on the facts
2 and what the defendants are charged wi th, and the fact that a
4 makes that person gui l ty or tends to make that person gui l ty?
13 sides?
16 this t ime. There ' s a lot of people here, and what I ' m going to
17 f i rst tel l you is don ' t discuss this mat ter wi th anybody, and
18 I ' m going to ask that , Dick, take the jurors, the ones in the
19 box, back to the jury room so they can use the rest rooms there .
20 The rest of you we ' re going to ask that you al l leave the
21 cour t room, and then in about 15 minutes we ' l l open the doors and
8 to get a jury selected so that you wi l l know that you won ' t have
9 to be here. So, i f I can get that accompl ished dur ing the lunch
8 off .
9 THE COURT: Where were you, and what were you doing?
11 bi l l ing.
2 background?
7 federal government?
9 EPA.
16 enforcement?
2 wi th a cr iminal offense?
5 organizat ions?
8 wi th laws that prohibi t cer tain cont rol led substances from being
11 THE COURT: Have you ever taken a posi t ion one way or
12 the other on gun cont rol and laws that regulate who can lawful ly
13 possess a weapon?
16 l imi ted evidence on that issue. Wi l l you keep an open mind and
17 decide this case based upon the charges that the government has
18 brought and the evidence and not let gang membership cont rol
19 your verdict?
2 THE COURT: Anything I haven ' t asked you that you would
11 PROSPECTIVE JUROR: 28 .
11 for two years. Previous to that I worked for Chi ldren ' s Home
13 THE COURT: And how long have you been involved in that
14 type of work?
17 neglected chi ldren who come from fami l ies where drugs may have
21 basis of the facts that you wi l l hear and not let anything
23 are?
19 in law enforcement?
5 repor ts of pol ice off icers , or would they be repor t ing something
6 to the agency?
8 a pol ice off icer when a chi ld came into care. Otherwise, the
12 a cr iminal case?
18 related?
21 organizat ions?
23 Workers.
25 charged here, do you have any opposi t ion to laws that regulate
8 you may hear evidence of that . Are you able to judge this case
14 anything that I have not asked you that you would br ing to my
19 sides i f selected?
12 ai rplanes.
25 eight years .
8 THE COURT: Is that the f i rst exper ience you ' ve had in
12 Chicago area?
15 background?
20 federal government?
24 government?
2 enforcement?
6 law enforcement and was a pol iceman and did his internship in
7 Racine and was a pol iceman and detect ive in Waukegan , I l l inois ,
10 cases?
12 that he did .
18 chosen occupat ions, and you say you don ' t bel ieve that you
20 feel ing that you would bel ieve a pol ice off icer over somebody
21 else.
24 THE COURT: And did you meet fel low pol ice off icers of
3 home?
5 here.
18 organizat ions?
24 group one way or the other that would ei ther suppor t or oppose
5 wouldn ' t alone inf luence you to f ind the defendants gui l ty?
8 burden to prove the cr ime that they ' re charged wi th. You
9 understand that .
12 I haven ' t asked you that you would br ing to my at tent ion that
21 PROSPECTIVE JUROR: 52 .
23 THE COURT: And you ' ve been working for him for four?
5 Condi t ioning.
18 enforcement?
22 could affect your abi l i ty to fai r ly judge the test imony of a law
6 organizat ions?
10 do you have any opposi t ion to laws that regulate the legal i ty of
13 THE COURT: And have you ever been in any group that ' s
18 and what the charges are and not f ind somebody gui l ty just
2 r ight?
4 THE COURT: Now, is there any quest ion I haven ' t asked
13 PROSPECTIVE JUROR: 51 .
25 THE COURT: Are ei ther of the two chi ldren working ful l
1 t ime?
15 retai l . Retai l clothing for nine, retai l books for nine, home
19 enforcement?
1 THE COURT: And you ' d judge the test imony of a pol ice
5 wi th a cr iminal offense?
8 organizat ions?
11 would regulate the legal i ty of cer tain cont rol led substances?
18 what the government has charged and not f ind someone gui l ty just
22 fai led to ask you that you would br ing to my at tent ion at the
24 impar t ial?
4 quest ions, and I ' m just going to ask the quest ion, and then
5 star t wi th the f i rst juror and go r ight down the l ine through
9 af ter you ' ve heard al l the evidence in the case you do have a
11 jurors , would you then, i f you have a reasonable doubt , f ind the
17 reasonable doubt , then would you f ind the defendant not gui l ty?
6 If af ter you ' ve heard al l the evidence in the case and discussed
7 i t wi th the jurors you bel ieve and f ind that a defendant has
23 that I ' m going to ask these jurors. The lawyers may discuss
25 lawyers over at the side here. So, i f the jurors here and the
1 jurors out there want to get up and st retch, you can do so. You
2 can even whisper , but don ' t talk , but relax, i f you want , for a
3 few minutes .
10 cause?
21 the jurors al l one quest ion in that respect , but I would have
6 THE COURT: I ' m going to ask a quest ion l ike I ' ve asked
7 the other ones and then go down the l ine and answer that , and
10 Afr ican-Amer ican . Race should not make any di fference in this
9 st r ikes.
11 number one?
19 object ion?
23 against?
6 three.
11 four .
14 f ive.
21 seven.
3 MR. TUNICK: No, I ' m sorry. You ' re r ight . That ' s
4 correct .
9 number nine .
11 nine.
15 Number ten.
20 eleven .
25 twelve .
5 them back to the jury room, and then we ' l l proceed wi th the
6 balance.
10 superseding --
18 and I ' m going to tel l you who wi l l remain. The fol lowing jurors
24 also Ms. Jager . The rest of you are excused. So, i t ' s number
25 two and number three and number f ive and the two in the back. I
1 want to thank you. Don ' t think about why you ' re excused. These
7 you back to the jury room because you don ' t need to l isten to me
9 form the twelve jurors and the two al ternates. You wi l l go back
10 to the jury room. You can go out for lunch. I don ' t think
13 Don ' t discuss the case wi th anybody or among yourselves. Don ' t
17 in the chai rs that have been vacated. So, the f i rst one wi l l
18 take chai r two, the second one chai r three , the thi rd one chai r
19 f ive, the four th person chai r eight , which is the second one in
20 the back row, and then the next one to that . Cal l some names.
1 individual ly, you ' ve al l been out there, and I ' ve asked a lot of
2 quest ions. You ' ve heard the quest ions that I ' ve asked. Is
3 there anybody here who feels for some reason they could not
4 serve and be a fai r and impar t ial juror? If so, would you -- go
5 ahead.
7 member --
17 member of a gang does not make them gui l ty. They have to be
25 gui l ty?
2 might .
7 the last eleven years , Rochel le Pol ice Depar tment . I probably
13 automat ical ly, but you feel that wi th your exper ience, you would
20 gang member .
25 Your name, si r .
3 arrested mysel f a lot of t imes, actual ly, and I just -- I don ' t
4 know.
5 THE COURT: You feel i t ' s bet ter you wouldn ' t serve.
7 serve.
14 nine.
16 somebody -- I don ' t necessar i ly see any of the f ive of you, but
18 general reasons and you might have stated something, but I said
20 I don ' t think any of you are in that . You ' re in the wrong seat .
23 based on al l my quest ions that you ' ve heard feels that there ' s
24 something that you couldn ' t be a fai r and impar t ial juror? Yes.
25 Mr . Lippold .
2 for many years, was a parole off icer for a couple years, was a
3 correct ions off icer at Statevi l le, was a chief of pol ice in
4 Sugar Grove , and also taught law enforcement for 25 years . And
9 THE CLERK: Ver lan Smi th, S-m- i - t -h, seat nine.
11 why you couldn ' t serve as a fai r and impar t ial juror?
13 THE COURT: You were the juror who stood up and needs
12 administ rator handl ing al l the t raining and out reach programs.
15 THE COURT: And did I ask you how long you ' ve worked
16 there?
23 they prosecuted. I have never test i f ied in those cases, but for
1 THE COURT: Have you ever worked in a case that ' s been
7 handled.
8 THE COURT: So that what your answer is, you don ' t know
14 Chicago?
22 the companies.
24 your job, your job doesn ' t depend upon you siding wi th the
6 wi fe employed?
14 engineer ing from I l l inois Inst i tute of Technology and a Master ' s
20 THE COURT: Were you ever in the MPs, mi l i tary pol ice?
24 before?
2 other than your current job and the job wi th Uncle Sam?
10 OSHA back in the late ' 80s and ear ly ' 90s.
12 enforcement?
17 wi th, you know, the pol ice off icers I ' ve worked wi th on the
25 THE COURT: Al l r ight . Any invest igat ion that you ' ve
5 off icer just l ike anyone else, give them no more nor less
8 THE COURT: And you ' ve never test i f ied in an OSHA case.
11 cases.
18 wi th a cr iminal offense?
21 organizat ions?
23 to work.
24 THE COURT: You ' ve heard what the charges are here.
1 intent to dist r ibute cont rol led substance, do you have any
4 THE COURT: Have you ever been in pro gun or ant i gun
7 for about four years back in the late ' 80s and ear ly ' 90s .
11 based upon al l the evidence and based on the charges against the
17 that you ' d br ing to my at tent ion now as i t may relate to your
1 PROSPECTIVE JUROR: 42 .
6 then before that Connect icut , where I did my graduate work, and
18 teacher .
1 Connect icut .
6 Depot .
9 cont ractors .
24 federal government?
5 THE COURT: Wel l , you ' re not on thei r side just because
12 enforcement?
23 wi th a cr iminal offense?
1 organizat ions?
4 involves cont rol led substance. Do you have any opposi t ion to
22 Your name, si r?
25 PROSPECTIVE JUROR: 35 .
3 years and Woodstock before that for 15 years and then 15 years
10 THE COURT: And how long have you worked for them?
14 cal led Fabr ique, and then before that i t was Wi l l iam Kl ine &
15 Company.
3 school .
5 working age?
8 background?
18 disqual i fy you.
2 sure.
10 enforcement?
21 organizat ions?
9 THE COURT: Anything I haven ' t asked you that you would
1 Sugar Grove .
11 government?
21 ADP.
1 Equipment .
8 and an MBA.
12 federal government?
17 enforcement?
23 THE COURT: You would judge the test imony of a pol ice
7 organizat ions?
10 regulate cer tain types of cont rol led substances and make that a
11 cr iminal offense?
14 opposi t ion to laws that regulate who can possess and what type
24 must --
3 that?
5 THE COURT: Anything that I haven ' t asked you that you
18 1936.
3 THE COURT: When did you ret i re and from what company?
5 Sundst rand.
10 employee?
16 ago now.
23 THE COURT: Has she done off ice work? Was that her
24 occupat ion?
1 Lock. Then later my brother- in- law owned a company, and she
8 would be al l r ight?
11 background?
19 THE COURT: That was only the only case you served on?
22 gui l ty?
25 fol low the inst ruct ions of law that I give you in this case.
8 enforcement?
19 wi th a cr iminal offense?
22 organizat ions?
24 THE COURT: You ' ve heard that one of the charges here
1 cer tain cont rol led substances. Do you have any opposi t ion to
6 f i rearms?
11 You understand that you can ' t convict somebody just because that
19 sides?
22 of quest ions. The f i rst quest ion I ' m going to ask, and then
23 we ' l l go down the l ine. You heard me ask this of the other
25 Afr ican-Amer ican . They ' re ent i t led to the same fai r t r ial you
9 heard al l the evidence the government has not met that burden
10 and you have a reasonable doubt , would you f ind the defendant
18 sat isfact ion af ter you hear al l the evidence beyond a reasonable
19 doubt that a defendant is gui l ty, would you f ind that defendant
20 gui l ty?
2 and then I ' l l meet wi th you on the side. If the jurors in the
3 box or the other jurors want to stand up, you may do so. We ' re
6 now is the t ime to do i t . But I need you back here in about two
16 quest ions to --
23 number two now. I wasn ' t clear . Fi rst of al l , how long did he
6 who prosecutes the cases for OSHA, the OSHA violat ions. Who
9 U .S. At torney ' s Off ice in Chicago. So, I ' m not going to ask him
10 that again.
11 MR. TUNICK: Because there ' s other -- I don ' t think the
15 other -- you ' re r ight . There ' s administ rat ive problems. But he
19 know whether he ' s fami l iar wi th defense lawyers and whether he ' s
1 as to his uncle, the judge , and ask him whether he knows whether
7 judge for al l we know . That ' s why I asked him. I never heard
13 wi fe also worked wi th OSHA . So, I ' d just l ike to know i f she ' s
20 uncle that was a former judge, and I think you said he was a
24 judge.
1 law?
10 you ' ve talked wi th the U.S . At torney ' s Off ice in some cr iminal
11 prosecut ions that your off ice probably ini t iated; is that r ight?
16 t r ial . They were just -- you know, l ike in the one case I would
17 go out and do an inspect ion of the company, and that case would
4 them. Based on that , his wi fe also the same occupat ion, and the
5 length of t ime he ' s worked for the federal government , I don ' t
8 peremptory i f that ' s i t , but I ' m not going to excuse him for
10 U .S. At torneys, but he ' s never test i f ied. So, as far as I ' m
23 three.
4 go f i rst .
9 nine.
14 on the last one. So, you guys are going f i rst on whoever we ' ve
22 Mr . Newquist and Mr . Smi th . Thank you, but you ' re excused. The
7 You can go back to the jury room. Then you can go to lunch.
13 We ' l l cal l two names now. Seat number two and number
20 now why you could not be a fai r and impar t ial juror?
25 an establ ishment that was held up, an armed robbery, and I had a
1 gun put to my head, and I def ini tely cannot be fai r when i t
2 comes to guns.
1 THE COURT: The two that are working, what do they do?
18 ten years.
19 THE COURT: And there ' s nothing about the fact she is a
20 lawyer for a government agency that in any way puts you on the
2 Computer .
10 wor ld in 1976.
18 approximately 17 years.
23 Universi ty of Michigan.
5 division of the Depar tment of Just ice , do you know what kind of
6 cases that she ' d be working on? I know they ' d be ant i t rust ,
7 but --
13 THE COURT: Have you anybody in your fami ly that ' s ever
17 enforcement?
19 of the Las Vegas Nevada Pol ice Depar tment . His son is current ly
24 THE COURT: And you agree wi th me that a pol ice off icer
25 is ent i t led to no less nor more weight because that person wears
1 a badge?
5 off icer?
10 wi th a cr iminal offense?
13 organizat ions?
16 regulate cer tain types of cont rol led substances and make those a
17 cr iminal offense?
20 have any opposi t ion to laws that regulate and make cr iminal
25 evidence in the case and on the charges that the government has
1 brought?
5 understand that?
25 south of DeKalb.
18 nurse?
23 school .
2 federal government?
11 law enforcement?
15 could affect your abi l i ty to fai r ly judge the test imony of a law
18 THE COURT: And you would judge the test imony of a law
19 enforcement off icer l ike any other wi tness , would you not?
5 to the t r ial at al l?
8 anything about the prosecutor ' s off ice or the defense lawyers or
9 the invest igat ing off icers that in some way causes you as you
12 THE COURT: That ' s something in the past , but you ' re
16 organizat ions?
20 that regulate cont rol led substances and make cer tain of those
21 i l legal?
3 case, but you would not convict just because of that evidence,
4 would you?
8 case and the charges for which the defendants are charged?
17 quest ions l ike I ' ve asked before. Two of the defendants are
18 Afr ican-Amer ican . Wi l l you give them the same fai r t r ial that
23 proof , af ter you ' ve heard al l the evidence has not met i ts
24 burden of proof and that you have a reasonable doubt , would you
10 discuss this, and then I ' l l meet you over at the side. If the
11 jurors want to stand up, but don ' t leave the room because I
15 over here.
2 Mr . Meyers.
8 chal lenged, one that you ' ve chal lenged. We ' l l t ry and get the
9 last one.
11 al ternates?
13 one.
20 you ' re going to be one of the jurors. Please r ise, raise your
21 r ight hand.
24 the jury room, so you know where i t is. Come back at 1:30. And
25 don ' t talk wi th anybody about this case, including your fel low
1 jurors .
9 there any reason why you feel you couldn ' t be a fai r and
10 or what?
1 enforcement?
9 the same as any other wi tness, not give them any more or less
15 wi th a cr iminal offense?
18 organizat ions?
21 regulate the type of cont rol led substance a person may possess
7 me?
9 THE COURT: Is there any quest ion I ' ve fai led to ask
10 you that you would br ing to my at tent ion now as i t may affect
16 Afr ican-Amer icans. They ' re ent i t led to the same fai r t r ial that
22 have a reasonable doubt , would you then f ind the defendant not
23 gui l ty?
2 defendant , would you f ind that par t icular defendant gui l ty?
14 one.
2 PROSPECTIVE JUROR: 45 .
25 employee.
6 too.
15 federal government?
18 enforcement?
4 wi th a cr iminal offense?
7 organizat ions?
10 would regulate cer tain cont rol led substances and make them a
11 cr iminal offense?
14 opposi t ion to laws that would regulate the type of guns that
10 Afr ican-Amer icans. Wi l l you give them the same fai r t r ial that
13 THE COURT: And you ' ve heard me say the government has
15 doubt . If the government did not meet that burden and you had a
19 you bel ieved that the government has met i ts burden to prove a
25
6 one.
20 There ' s not going to be much pr int ing this week . Would you
1 A JUROR: Okay.
6 al ternate jurors . Would the f i rst person cal led take the last
7 seat in the front row and the next person take the last seat in
10 M-o-r-r- i -s-o-n.
11 THE COURT: I ' l l ask each of you the same quest ion.
12 You ' ve been both out there for qui te some t ime. Is there any
13 reason why ei ther of you feel that you could not be a fai r and
16 hear . My husband and I have raised four chi ldren, and that ' s
17 al l we ' ve preached is --
8 this. Is there any reason ei ther of you feel that you could not
11 that ' s been in jai l wi th drug problems, and I also am not fond
17 to think I ' m fai r , but i t bothers me wi th the gangs and the guns
18 and --
20 you, and i f you ' ve made that expression, I guess that ' s what I
6 I ' l l star t wi th you, Ms. Walker , and ask you quest ions. How old
7 are you?
8 PROSPECTIVE JUROR: 38 .
9 THE COURT: Where are you from? Where are you l iving?
4 closed .
14 resource management .
23 law enforcement?
2 could affect your abi l i ty to fai r ly judge the test imony of a law
7 is not ent i t led to any greater or less weight than any other
8 wi tness?
13 wi th a cr iminal offense?
18 Has i t been any in your immediate fami ly, that is, brothers or
19 sisters?
22 parents.
4 rephrase that . You seem l ike you ' re disappointed in them having
8 anybody --
14 close you are to those persons who have been charged and,
15 secondly, whether you fol lowed thei r cases and have any
17 anything about the conduct that they have been charged wi th.
19 I t ' s just l ike maybe my mom told me, you know, so and so, and
2 the fact that some of your relat ives have been charged is real ly
9 those persons who have been charged that you think would be
22 dist r ibute and possess wi th intent to dist r ibute cer tain drugs .
23 Do you have any opposi t ion to laws that make that a cr iminal
24 offense?
3 fur therance of the drug conspi racy. Do you have any opposi t ion
18 that correct?
3 there?
1 ten years?
22 THE COURT: And that was the extent of your grand jury
23 service?
1 cases?
5 interest ing.
6 THE COURT: Were there any drug cases that you recal l?
13 THE COURT: And there ' s nothing that ' s going to -- that
14 you gained from that exper ience that wi l l hold over here? This
20 THE COURT: Has any fami ly member ever sued the federal
21 government?
24 enforcement?
3 in this case?
7 person carr ies a badge or has a badge, they have no more weight
8 that you give them or any less weight than any other wi tness.
18 violat ion.
20 you?
22 20 years ago.
23 THE COURT: And did you bel ieve that he was gui l ty or
24 bel ieve that he was not gui l ty or don ' t you know?
5 cr iminal case?
14 organizat ions?
18 cer tain cont rol led substances. Do you have any disagreement
9 r ight?
11 THE COURT: Anything I ' ve fai led to ask you that you
19 there any -- they are ent i t led to the same fai r t r ial anybody
2 you have a reasonable doubt , would you then render a not gui l ty
4 chal lenges.
12 for lunch. Be back at 2:00 o ' clock. Don ' t discuss the case
13 wi th anybody.
14 THE COURT: The one who ' s a pol ice off icer , do you see
15 him of ten?
21 THE COURT: You ' ve heard me ask the quest ions about
22 other jurors who have relat ions who are in law enforcement . Is
23 that in any way going to affect you and are you going to
25 in law enforcement?
3 of law enforcement?
5 st reet .
8 THE COURT: Al l r ight . But she doesn ' t -- she ' s not
14 And you would judge the test imony of a pol ice off icer
15 just l ike anyone else , not giving that pol ice off icer any more
25 maintenance .
5 computer programmer .
16 government?
22 par t icular ly good or bad exper ience in any pol ice si tuat ion?
10 any other exper ience that your fami ly has had wi th law
11 enforcement?
19 organizat ions?
21 THE COURT: You ' ve heard me say that one of the charges
23 dist r ibute cer tain cont rol led substances. Do you have any
3 have any opposi t ion to laws that would regulate who can possess
4 a weapon?
8 That would just be evidence, but that ' s not suff icient of i tsel f
23 sides?
1 who are Afr ican-Amer ican the same fai r t r ial that you would give
2 anybody else?
8 verdict .
25 rest . I ' l l probably take the not gui l ty pleas at this t ime,
12 THE COURT: Al l r ight . You are the -- you can join the
14 hour . I t ' s f ive af ter 1:00 now. Be back here by f ive af ter
15 2:00.
16 A JUROR: Okay.
18 A JUROR: Right .
22 jury select ion process by noon, but somet imes i t goes longer . I
23 wanted to go into the lunch hour simply because then you would
25 you.
1 You ' re going to have to check wi th the Clerk ' s Off ice ,
2 unless they ' ve al ready told you whether you ' re st i l l subject to
16 there is what ' s cal led a second superseding indictment that was
22 superseding indictment .
5 THE COURT: And I think the change that I ' ve been told
10 fur therance -- the way in which the counts other than the
11 conspi racy count are al leged. I t more par t icular izes the
22 gui l ty?
24 Dodson . We would enter a plea of not gui l ty, and we would waive
3 would waive formal reading and persist in our not gui l ty plea.
8 may relate to the opening statements. So, that ' s why I want to
10 prel iminary inst ruct ions to the jury and then your opening
12 I take i t?
16 cour t room -- I not ice i t was locked last t ime -- dur ing the
17 lunch hour?
21 conference room.
25 here.
9 THE COURT: And i f you want to get out , you ' re going to
15
16
17
18
19
20
21
22
23
24
25
9 VOLUME 1
TRANSCRIPT OF TRIAL
10 BEFORE THE HONORABLE PHILIP G. REINHARD, and a jury
11 APPEARANCES:
7 have before I br ing the jury in, I do want to make sure that
9 l imine regarding the shoot ing evidence that would be against the
11 shoot ing.
12 I have indicated to you that Rule 403 appl ies and that
17 mot ion , which speci f ies what this shoot ing is about and what
3 shoot ing wi l l be l imi ted, and I ' m t rying to make sure then that
4 i t ' s br ief and that i t doesn ' t have gruesome detai ls , and i t ' s
13 the bare detai ls that there was a shoot ing, that there was a
14 McDonald ' s shoot ing, but I don ' t want him to get into more
15 detai ls much more than that as to who was the vict im and what
18 int roduce evidence of another shoot ing, and I have said I ' m not
23 t r ial goes, but you ' re not to ment ion that other shoot ing or any
7 and I ' ve al ready said that I would al low evidence of that , but I
10 older case about gang membership , which was Uni ted States v.
11 Lewis, which is 910 F.2d 1367, but also I have had a case that
12 went up to the appel late cour t several years ago, and the law is
16 make sure that the judges examine wi th care and thoroughness the
25 membership cont inued, added members, and that McSwain and Dodson
1 were ear ly members, and that ' s the glue that kept this
3 uni t ing factor , and i t helps prove the conspi racy. And i t also
4 shows the mot ivat ion for having f i rearms for protect ion of thei r
6 how the gang kept together discipl ine wi thin the membership, as
7 wel l as protect ion of the assets that were der ived from this
10 charged, not only the conspi racy, but also the possession of the
13 I ' m going to tel l the government not to dwel l on that . You may
21 out l ines the actual video cl ips that the government wi l l play.
2 we have one video screen. I t ' s not -- I ' d have to move over . I
3 real ly don ' t want the jurors to think that we ' re operat ing in
4 concer t l ike --
17 moni tors.
19 MR. IASPARRO: That ' s the cour t ' s equipment . We don ' t
20 have one.
7 t r ial .
8 I ' m going to give you some prel iminary inst ruct ions,
10 case. You wi l l receive wr i t ten inst ruct ions at the end of the
11 case, and you ' l l be al lowed to take those into the jury room,
13 inst ruct ions, and I wi l l rule on mat ters of evidence and law,
23 ear l ier , you can decide to bel ieve completely a wi tness, bel ieve
25 wi tness has said . And I wi l l give you inst ruct ions later on as
2 test imony. But again remember that nothing I say or do dur ing
3 this t r ial has any bear ing on any feel ing that I have as to the
6 defendants that have been charged in this conspi racy. You are
8 fact , except i f a test i fying codefendant test i f ies, then you may
10 today we have three defendants on t r ial , and those are the only
11 ones that you ' re to consider . Don ' t speculate on why others are
15 they think the evidence wi l l show, but i t ' s not evidence. The
16 evidence is what you hear from the wi tness stand and what
19 as to what they think the evidence has shown. Again , that ' s not
24 those object ions . And i f I sustain an object ion, that means the
25 quest ion that was asked was somehow improper , and you should not
1 consider the quest ion . Don ' t speculate on what the quest ion
3 quest ion before I had a chance to rule, st r ike that from your
5 think why is he rul ing this way. I ' ve ruled, and you cannot
6 hear that quest ion. If I overrule an object ion , that means the
7 quest ion was proper , and you may consider that answer along wi th
10 that you hear in this cour t room. Don ' t discuss the case wi th
11 anyone , including your fel low jurors, unt i l I tel l you you can
12 discuss i t wi th your fel low jurors, and that won ' t be unt i l al l
13 the evidence is in and the f inal arguments are over wi th. So,
18 you should spot that , you ' re not to consider i t , not to read i t .
23 dict ionary. Don ' t do anything. Just rely on what you hear in
24 cour t . And that ' s the way you proper ly hear a cr iminal case.
25 Here are some basics that I ' ve al ready told you about ,
5 And the defendants do not have to test i fy. They can rely on the
13 object ing and asking that I consider i t only against a cer tain
16 each count .
19 basis of what you hear , but don ' t get so f ixed that you ' re going
1 del iver cer tain cont rol led substances . In this case i t ' s heroin
5 f i rst f ind that there was such a conspi racy, that two or more
7 secondly, you must prove that a defendant -- and these are the
9 the conspi racy wi th the intent ion to fur ther the conspi racy.
16 conspi racy, and the government must prove as to him that the
17 conspi racy that was charged as to the other two existed and,
19 conspi racy wi th an intent ion to fur ther the conspi racy, and
22 And aiding and abet t ing is as fol lows. The person must
24 the act ivi ty, and t ry to make i t succeed. Essent ial ly, that ' s
25 what the government must prove as to conspi racy and aiding and
3 and McSwain , they must show that each of them on the occasion
5 that conspi racy. So, that means i t must have gone to advance or
6 assist or help promote or commi t that conspi racy that has been
7 charged in Count 1.
11 at them. They ' l l be put on my desk, and then at the end of the
12 t r ial , they ' re dest royed. They ' re not evidence . They ' re not
15 wish to take notes, you don ' t have to take them. I t ' s purely up
16 to you what you want to do. Now , this case, as I told you,
17 might last at least through this week and into next week. So,
21 something down and later when you come to del iberate the case, a
23 others ' memor ies may be di fferent , and i t ' s your col lect ive
24 memor ies which count . So, just because a person wrote i t down ,
2 i f I ' m wr i t ing something down and then the next quest ion is
3 being asked and the answer is coming out , i t ' s di ff icul t to take
5 you ' re for tunate . You ' ve got twelve minds that wi l l get
6 together at the end of the case. But take notes to the best of
8 occupat ions at taking notes, but i t ' s your col lect ive memor ies
9 that count .
10 Dur ing the course of the t r ial , you ' re not al lowed to
13 wi tness, don ' t hesi tate -- or i f you can ' t hear a lawyer ask a
15 somet imes they ' l l turn thei r head or do something. If you want
16 the quest ion repeated , just raise your hand, and I ' l l have i t
21 object ion that I don ' t ful ly understand, and I might have a
22 sidebar outside your hear ing, and we ' l l resolve i t there. But
23 for the most par t I ' ve asked the lawyers when they have
24 object ions that they can ant icipate, we ' l l do those dur ing the
25 recess or at the end of the day, so that I don ' t ant icipate you
2 regular breaks that you ' l l be taking, one in the morning and one
7 cour thouse. We ' ve got one elevator . You ' l l probably be coming
10 wi tnesses. Don ' t talk wi th them other than to nod your head and
11 say hel lo. I don ' t want you to engage in any conversat ion wi th
12 these people, and I have inst ructed the people present here
15 can see that i f some juror is late, we just can ' t wai t -- I
17 throughout the day each day. So, I ' m insist ing that al l of you
18 please be prompt . I don ' t think any of you come from that far
20 we, in Carrol l or Whi teside County? So, I think the far thest
23 and then you ' l l hear the t r ial . My cour t repor ter here is
24 taking notes, but these are not automat ical ly t ranscr ibed into a
25 t ranscr ipt . So, you don ' t have that avai lable. So, remember
1 the test imony. Wi th your col lect ive minds , you ' l l be able to do
2 that .
11 you in this cour t room over the course of the next several days
22 Dodson , two men who from at least 2003 unt i l September 2005 sold
1 drug t raff icking conspi racy they were members of , and in the
2 case of Bradford Dodson used gun violence to fur ther the goals
5 aided and abet ted the Ti tanic Stones st reet gang, that drug
7 the gang ' s drug houses, for t i f icat ions in the nature of
9 instal led across the doors , for t i f icat ions in the nature of
10 barrel bol ts which were instal led at the top and bot tom of the
12 get inside and, more impor tant ly, for pol ice off icers to get
13 inside , more di ff icul t and more dangerous. Those for t i f icat ions
15 gang ' s drug houses aided this conspi racy. I t fur thered i ts
17 the damage that this conspi racy ul t imately did to this communi ty
18 in Rockford , I l l inois .
20 who also went by the nickname Duck and somet imes the nickname
21 Clue, began coming out to Rockford, I l l inois, and began sel l ing
25 Chicago, to come out here and help him in the sale of that
4 Glover , Mont rel l ' ' Trel l ' ' McSwain, Bradford ' ' Hust ler ' ' Dodson,
8 Here ' s how the conspi racy worked. Darrel l Davis would
11 female ' s name to distance himsel f from that house. He would pay
12 the female for doing that . They ' d set the house up as a drug
13 house, physical ly move in furni ture, and then begin sel l ing
15 there was one house on the East Side of Rockford and one house
16 on the West Side of Rockford, and when there was a house on both
17 sides and i t was going ful l t i l t , the gang could make as much as
21 houses . They were given shi f ts , and these shi f ts rotated . When
23 work there for a mat ter of days , a mat ter of weeks, whatever the
24 case may be , sel l ing drugs , and they sold drugs at 6:00 a .m.
4 supply for heroin and later crack cocaine in the ci ty. He went
11 helpers mixed and packaged the drugs for st reet sale . Darrel l
21 dubs. Darrel l Davis would take a pack of those $20 bags, a pack
23 men l ike Mont rel l McSwain and Bradford Dodson, and say, "Here
2 wai t ing in l ine to buy $20 bags of heroin, $20 bags of crack
3 cocaine. When the houses were sel l ing both, heroin was referred
5 Over the course of this conspi racy, the Rockford Pol ice
7 Davis ' and the Ti tanic Stones ' drug houses . Drug houses at t ract
11 pol ice . The Rockford Pol ice Depar tment executed a number of
12 search warrants which you ' l l hear test imony about at a number of
13 these houses.
15 develop, and that pat tern was every t ime they hi t a house , two
18 of ten by the t ime they eventual ly would get inside, they only
22 reasons for that were the for t i f icat ions which al lowed men l ike
24 cont rol led substances they had, f lush i t down the toi let ,
25 swal low i t in cases, which you ' l l hear test imony about , gave
2 As t ime went on, 2001 turns into 2002, ' 3, ' 4. This
3 gang gets st ronger . St ronger and st ronger , and they get bolder
6 of Cent ral and Auburn St reets here in Rockford. Somet ime before
7 a man named Jul io Al len had commi t ted a home invasion at one of
8 the gang ' s drug houses, r ipped off Steven Easter , who was
10 some other folks who were working at one of the gang ' s drug
13 Duck Davis gave the order . He gave the order to that man
14 si t t ing r ight there, Bradford Dodson. He said, "Get him, " and
16 McDonald ' s that night about 5:00 o ' clock in the af ternoon , took
17 out his gun , and he f i red several rounds through the plate glass
19 superf icial wound, but a shoot ing in retal iat ion for a home
23 In the spr ing of 2005, the Rockford Pol ice Depar tment
25 Explosives, a bureau that ' s par t of the Depar tment of Just ice,
2 boldness, the st rong gang that ' s on the st reets of Rockford has
8 about thei r operat ions, the way that they worked. They were
10 One of those persons was one of the females that I ment ioned
19 rented and used for drug t raff icking. That house turned out to
22 The ATF orchest rated the cont rol led meet ings between
23 this conf ident ial informant , Darrel l Davis , and Steven Easter ,
25 technical people of ATF and the Rockford Pol ice Depar tment went
1 in, and they wi red that house for video and audio, and they had
4 cour t orders were signed, the keys were turned over to Darrel l
5 Davis and Steven Easter , and wi thin a mat ter of hours they
6 star ted moving in. They star ted moving in . Bradford Dodson
7 there helps carry furni ture in on day one, August 9th, 2005,
9 Ladies and gent lemen, what you are going to see in this
15 been jukin ' for four years ." Jukin ' , you ' l l hear from men l ike
16 Bobby Harr is, Ambrose Jones, and Dupree Turner , codefendants who
17 have agreed to cooperate in this case , jukin ' is sel l ing drugs .
18 Mont rel l McSwain says on camera , "We ' ve been jukin ' for
19 four years, " which is the t ruth . They had been jukin ' for
20 four years.
22 f ive grand a day. I t ' s not a number that we pul led out of thin
23 ai r . That ' s something that they say. And you ' l l hear how much
24 heroin , how much crack cocaine were going through these houses ,
25 just 1023 Kishwaukee in par t icular , and you ' l l know that $5,000
3 "Crack is free enterpr ise. " He and his coconspi rators are in
7 cocaine.
8 Anthony Glover says, "I shoot f i rst and ask quest ions
9 later , " and Bradford Dodson responds, "On Stone ," a phrase that
10 you ' l l hear t ime and t ime and t ime again, "On Stone. " Remember
11 the name of this gang, the Ti tanic Stones. That ' s something
12 that these gang members say when they real ly mean what they just
14 "I shoot f i rst and ask quest ions later ." Bradford says, "On
15 Stone. "
17 says, "I threw a par ty at the McDonald ' s because of Bone. " Bone
18 is a man named Anthony Glover , who ' s par t of that conversat ion .
19 A par ty, you ' l l hear , is a slang term for a shoot ing, and you ' l l
20 hear evidence of the shoot ing that Bradford Dodson did at the
21 McDonald ' s.
24 out a big pack of dope and says , "I ' ve got this big pack of dope
25 in my pocket ." There ' s no secret about what they ' re doing
1 there. They talk about i t freely because they don ' t know the
5 12th St reet , another of the gang ' s drug houses that they had
6 only been operat ing for a couple of days. We knew i t was a new
9 device , unbeknownst to him, and the pat tern that developed from
10 that GPS t racking device showed that whenever gang members were
20 The pol ice depar tment and the ATF knew that Darrel l
21 Davis had just made a drop at 1525 12th St reet . They had a
24 Steven Easter , Bobby Harr is, Dupree Turner , Anthony Glover , and
25 Mont rel l McSwain . Steven Easter is frant ical ly at the toi let in
1 the bathroom of that smal l apar tment , and he ' s f lushing. He ' s
2 t rying to f lush the dope. But i t got clogged. I t was a bad day
4 The big pack of dope that had just been del ivered got
5 clogged, and the pol ice and the ATF were able to recover i t .
7 $20 baggies of heroin . 95 t imes 20. You can do the math . Just
8 one pack. And those packs were del ivered several t imes per day
9 to mul t iple drug houses when the gang was operat ing east and
14 They ' re concerned that pol ice may come and execute another
15 search warrant there. They don ' t know i f the pol ice know about
16 1023 Kishwaukee yet . So, they want addi t ional for t i f icat ions
17 done at that house. And who did they cal l? They cal l Cl int
19 Cl int Al len and Lee Al len show up , and Cl int says, "I
22 hardware that these defendants buy, Cl int Al len and his brother
24 put on the doors to for t i fy the doors . At one point Lee Al len
25 turns to some of the gang members and says , "Hey, I didn ' t
1 guarantee the doors over on 12th St reet ." I t ' s not his faul t
2 that pol ice got in. And there ' s addi t ional conversat ion about
6 Bobby Harr is and Dupree Turner , "I sel l crack. I shoot guns so
7 you can sel l crack." And September 5th, 2005, perhaps the most
8 tel l ing statement in the ent i re case, Mont rel l McSwain just
9 couldn ' t keep his mouth shut , "We got the biggest and best dope
10 in Rockford ." And they did for a long t ime. 2001 to 2005.
19 Stones . He ' s charged wi th aiding and abet t ing this conspi racy.
20 He aided and abet ted i t by for t i fying those doors, al lowing this
24 THE COURT: I ' ve explained what the law is, and the
2 Kishwaukee, from the pol ice off icers who wi l l test i fy about the
3 many search warrants done at this gang ' s drug houses over the
4 years, from codefendants and fel low gang members Ambrose Jones ,
8 mi les and blocks from this federal cour thouse. A very real , a
11 the coordinat ing members Mont rel l McSwain, Bradford Dodson doing
12 what they did best , and Lee Al len, to fuel his drug habi t ,
15 drugs, guns , and violence. You wi l l hear test imony about that
18 thank you for your at tent ion now . When I do address you again ,
20 very much.
23 cl ient .
25
4 told you, the charge of the conspi racy is from 2001 to September
5 13th, 2005, and the conspi racy al leges, as the prosecutor set
6 out , that a gang cont rol led several drug houses and dist r ibuted
9 they made that clear . He ' s al leged to have somet ime -- not in
10 2001 or 2002 or 2003, for that mat ter , or 2004 -- somet ime af ter
11 this conspi racy had been going on and dist r ibut ing drugs out of
12 several drug houses, somet ime in 2005 he put locks and bol ts and
14 these houses. That ' s what he ' s charged wi th. He ' s charged wi th
15 aiding and abet t ing the conspi racy by put t ing bol ts and locks on
16 the doors.
17 Now, the law is, as the judge told you , that he has to
18 have the intent to fur ther the conspi racy. He has to associate
19 wi th the cr iminal act ivi ty, intend to make i t succeed. That ' s
20 the law. You ' l l see that Lee Al len, his whole intent , was to
21 fur ther his drug habi t . He was addicted to opiates, and I ' m
22 going to get into that in a second. But he did not intend for
23 this conspi racy that he did not have knowledge about -- the
24 government had a camera and video in there . Lee Al len didn ' t .
4 l ikely due to his addict ion to opiates. And I ' m going to talk
7 Al len dist r ibuted narcot ics? Absolutely not . Wi l l you see any
20 helping these coconspi rators f ind the locat ions to sel l? No,
21 no. You won ' t see any evidence of that . Wi l l you see evidence
24 you see any evidence that he shared any of the prof i ts of the
4 packaging of narcot ics? No, you won ' t see any evidence of that .
8 bol ts, and brackets on two doors or two houses ' doors, actual ly.
9 The government might say three, but the evidence you ' l l see was
10 two.
13 out , of aiding and abet t ing this conspi racy, but there ' s
14 dist inct legal requi rements to aiding and abet t ing a conspi racy,
19 act ivi ty. They won ' t be able to prove that , ladies and
20 gent lemen. They wi l l not even be able to prove i t . They won ' t
22 why at the end of this t r ial I ' m going to ask that you f ind him
24 Why did Lee Al len get involved in this? You ' l l see.
2 brother -- and you ' l l see why, you ' l l understand why when he
3 gets on the wi tness stand. But his brother int roduced him to
4 some people who sold narcot ics where he can get his f ix and that
5 he became -- you know , when you see someone a lot of t imes, you
7 mat ter who they are. If he knew everything that the government
10 Now, when you see the tapes, you ' l l see that Lee Al len
11 says, "I got my f ix. I can get out of here. I don ' t even want
12 to stay here. I don ' t even want to be here." Okay. His intent
13 is not to fur ther this conspi racy or this al leged conspi racy.
14 These guys know he ' s an addict . They cal l him a hype. They
15 cal l these people hypes. The people that are sel l ing narcot ics,
16 they know Lee Al len. They know how to use him. They know for a
17 lousy bag that probably cost them two dol lars, maybe a dol lar ,
18 they could get him to f ix the doors, something they couldn ' t get
19 a locksmi th to do for two dol lars. They used him. You ' l l see
20 that on the tapes. You ' l l see how they play him.
24 know these guys?" "Wel l , yeah. Yeah , I know them." "Did you
7 something wrong --
9 THE COURT: Don ' t argue that issue before -- you may
10 proceed.
12 THE COURT: You can tel l that he test i f ied before the
15 test i f ied on his own vol i t ion. He didn ' t take the Fi f th
18 nuts and bol ts on the doors." Next thing you know, he ' s charged
21 dist inct federal cr ime, i ts own elements. And you ' l l see a lot
23 whether his act ions meet the law , meet the law beyond a
2 innocent , and you ' l l be advised that the presumpt ion stays wi th
5 of proof beyond a reasonable doubt , there ' s no way that you can
6 f ind him gui l ty of aiding and abet t ing this al leged conspi racy.
7 You ' l l see the evidence yoursel f . You ' l l hear the
8 wi tnesses. You ' l l see the tapes. He ' s on a couple tapes . He ' s
9 on a couple tapes put t ing bol ts and locks on the doors. You ' l l
10 see those tapes. But you ' l l never see his intent to fur ther the
11 conspi racy. You ' l l never see him associate wi th the conspi racy,
13 i t succeed. You ' l l never see that because that wasn ' t his
18 impar t ial , you uphold your dut ies as jurors. That ' s your duty.
19 That ' s why we picked you people . Al l we ask is that you keep an
20 open mind through the course of this t r ial . Let me ask the
1 your job as jurors is supposed to, and there ' s only one
2 conclusion you can come up wi th. You wi l l f ind him not gui l ty
5 end of the case af ter al l the evidence is in, as the judge told
6 you, we ' l l get a chance to summar ize the evidence, summar ize the
7 facts that you heard, and show you how i t appl ies to the law,
8 the law that -- the only law that appl ies whether you f ind him
9 gui l ty or not gui l ty, and I ' l l get one more chance to do that .
12 conspi racy succeed. You ' l l see his intent , and you ' l l
13 understand why he should be found not gui l ty. Thank you very
14 much.
20 McSwain, who is seated back at the table and who ' s been si t t ing
21 next to me al l morning.
2 20 months since these charges were brought against him, and he ' s
3 glad to f inal ly have his day in cour t and to have his case heard
4 by you .
6 presentat ion of what he bel ieves that the evidence in this case
8 t r ial , the evidence in this case comes from what you ' re able to
10 and the test imony that you hear from the var ious wi tnesses in
15 and the only way that that presumpt ion of innocence can come off
16 him is i f you bel ieve at the close of the evidence in this case
17 that the government has proved each and every element of the
19 doubt .
22 Mr . McSwain can ask from you as jurors is that you keep an open
23 mind, that you test this evidence, you wai t unt i l you have heard
3 reasonable doubt .
18 And, ladies and gent lemen, that ' s al l you ' re going to hear in
19 this case and al l you ' re going to see in this case is a very
20 smal l amount , cer tainly nowhere near the 1 ,000 grams of heroin
21 that the government has represented that they ' l l prove to you
24 cocaine that the government told you they would prove beyond a
25 reasonable doubt .
4 clear . You ' re going to see i t wi th your own eyes. You ' re going
5 to hear him wi th your own ears. But what ' s real ly impor tant in
6 this case, amongst a lot of impor tant things, is that you hold
9 told you you ' re going to hear about to spi l l over onto
13 six hours ' wor th of the video and audiotapes from this house on
15 things . And there ' s no quest ion at the t ime that the people are
16 on the tape saying things, they weren ' t aware that they were
17 being taped . They weren ' t aware that they were being videoed.
23 conspi racy began somet ime in 2001 and cont inued unt i l
1 this area unt i l somet ime late in 2002 , late fal l , ear ly winter
7 frame for him, and I bel ieve even Mr . Iasparro said that
8 Mr . McSwain did not get involved unt i l somet ime in 2003, 2004.
10 what I ' m tel l ing you the evidence wi l l show, that he was out of
14 a chal lenge for you. I can give you a couple examples al ready
17 and you ' re going to see him on tape saying boldly and proudly,
18 "We ' ve got the biggest and best dope in Rockford," and that
20 his head, and he makes that statement . We have the biggest and
23 careful ly, you ' re going to hear that what actual ly happens is he
24 and Dupree Turner and I bel ieve one or two other people are in
25 another room, and you hear Dupree Turner say, "We have the
1 biggest and best dope in Rockford." Then they walk out into the
2 area on video, and you hear Mont rel l McSwain laugh at what
6 Mont rel l McSwain pronouncing that we have the biggest and best
8 of this and that he along wi th the others have the biggest and
10 you ' l l have the oppor tuni ty to see these type of nuances
12 own ears -- is he ' s merely repeat ing what Dupree Turner said,
16 see him sel l ing drugs . I ' m not going to l ie to you. I t ' s on
21 ki logram of heroin.
25 ends meet . But what the government ' s evidence wi l l not show is
1 that he conspi red to dist r ibute as par t of this conspi racy the
2 kinds of amounts that the government has al leged and that are in
3 the indictment .
5 of a f i rearm dur ing the course of a drug t raff icking cr ime. And
7 I say playing wi th guns because that ' s what he ' s doing. You ' l l
8 see him holding guns. You ' l l see him taking the cl ips out ,
9 put t ing them back in. You ' l l see him pretend on one video, I
10 bel ieve, to actual ly be shoot ing the gun. But i f this t r ial
11 were only about whether or not Mont rel l McSwain possessed guns
13 that he possessed guns, that would be the end of the inqui ry.
14 I ' d say sign the gui l ty verdict and go home conf ident because
19 Now, why is that impor tant , and what is the dist inct ion of i t?
24 shoot ing. I t ' s not going to show that he was present at that
25 shoot ing. I t ' s not going to show that he played any par t in the
2 shoot ing.
6 I said you ' re going to see Mont rel l McSwain deal ing wi th an
8 occasion are you ever going to see him showing his gun to the
10 see him do l ike this ( indicat ing) . You ' ve al l seen that on TV ,
11 just so they can see a gun in there. You ' re not going to see
14 McSwain.
18 par t of this gang were very violent individuals . You ' re going
21 r ights to a fai r t r ial that you not let that informat ion
23 spi l l over onto him. You wi l l not hear any di rect evidence of
4 explore that evidence because you ' re going to see that he made a
6 to where he said that "I shoot so you can sel l crack ."
8 any shoot ings that Mr . McSwain actual ly carr ied out , was
14 big shot to these other guys, t rying to make himsel f look and
20 they ' ve al ready talked about . They cal l them cooperat ing
21 wi tnesses, and these are the wi tnesses and the purpor ted
1 some point decided that they were not going to exercise thei r
4 reasonable doubt , and they decided that they were going to plead
5 gui l ty.
8 goes through before they get to hi t that wi tness stand and tel l
9 you what they ' re here to tel l you. You ' re going to hear about
10 how they go through meet ings and preparat ion, the whole process.
11 You ' re going to see that many of these, i f not al l of them, are
12 convicted felons . You ' re going to see and hear that al l of them
14 could be longer than thei r own age at this point , some looking
16 conspi racy, and then you ' re going to hear what they have
18 test i fy.
22 not suppor t what they are saying. Mont rel l McSwain has opted to
24 him gui l ty beyond a reasonable doubt . I bel ieve that when the
9 not want to invi te over for Chr istmas dinner or not al low to
10 date your daughter , again, I would say sign the verdict and go
11 home. You ' re going to see him on tape saying things , playing
13 requi red to prove much more, and unt i l they do and unt i l they
14 can, the only verdict that you can return consistent wi th your
17 Mr . Sul l ivan.
20 I ' m Donald Sul l ivan. I ' m the at torney for Bradford Dodson. I 'm
22 Mr . Byrd made to you, but wi th some dist inct ions. Once again,
2 your l i fe, and you ' re going to view int imately -- have inside
6 going to see his other codefendants, and you ' re going to see the
11 to take about a week to put on, as you ' ve been told, and there ' s
15 seems. There are explanat ions. There are other factors that
16 could explain where we are . There ' s two sides to every story.
17 So, that being the case, we would l ike you to not make up your
18 mind ahead of t ime or dur ing the presentat ion of a por t ion of
19 the case, but wai t unt i l the end . Wai t unt i l Mr . Dodson has an
22 evidence that Bradford Dodson was helping move furni ture into
23 this drug house. Wel l , they ' l l show him, and they wi l l show
24 furni ture, and they ' l l also show Mr . Dodson has bandages over
2 that act ivi ty, and i t gets dropped. Hmm. Wi th an explanat ion ,
5 occasions. His hands are bandaged. You ' l l have to draw your
6 own conclusions, but we would suggest that what he was not doing
11 not , and he wasn ' t . He wasn ' t there. So, we ' re going to ask
14 is is Mr . Dodson wasn ' t even present dur ing large por t ions of
15 the per iod of t ime in which this al leged conspi racy was going
16 on.
18 Dodson shot Jul io Al len. Ladies and gent lemen, he did not . He
19 wasn ' t there. There were some statements that may be presented,
Smi th - Di rect
12 Smi th.
14 r ight hand.
17 please .
19 DIRECT EXAMINATION
20 BY MR. IASPARRO:
Smi th - Di rect
3 BY MR. IASPARRO:
14 Q. Agent Smi th, are you the case agent and have you been the
17 A. Yes, I have.
18 Q. When did the ATF get involved in that invest igat ion?
19 A. Off icial ly began our invest igat ion in the spr ing of 2005,
21 Q. How was i t that the ATF got involved in that invest igat ion?
25 them.
Smi th - Di rect
1 Q. In gather ing the informat ion, did you team up wi th any other
3 gang?
5 Q. And as par t of the invest igat ion , did you develop one
6 conf ident ial source in par t icular who was associated wi th the
8 A. Yes, we did.
9 Q. And was that conf ident ial source able to make recordings of
16 t ime frame.
19 obviously has to prove that the conspi racy exists, but as to him
20 being a par t of the conspi racy, there ' s no evidence that would
24 just stated .
25
Smi th - Di rect
1 BY MR. IASPARRO:
2 Q. Agent Smi th, what was the purpose of set t ing up those
3 meet ings between that par t icular conf ident ial source and Darrel l
13 A. Davis and Easter were then going to turn the proper ty into a
15 Q. Agent Smi th, based upon that informat ion, did you set up a
16 ser ies of meet ings wi th the conf ident ial source and those two
17 persons?
18 A. Yes, we did.
19 Q. And did you take other steps wi th the goal in mind of being
21 A. Yes, we did.
22 Q. Can you out l ine that par t of the invest igat ion?
Smi th - Di rect
3 Kishwaukee?
6 dining room, l iving room, and one bedroom. We had two video
11 BY MR. IASPARRO:
12 Q. Agent Smi th, I ' m going to hand you a ser ies of photographs
13 marked Government ' s Exhibi ts 172A through 172HHH. I ' d just ask
16 photographs .
19 Q. Photographs both of the exter ior and inter ior of that house?
Smi th - Di rect
2 A. Yes, i t does .
3 MR. IASPARRO: Judge, I ' d move to admi t the 172 ser ies
9 Mr . McSwain .
17 received in evidence. )
18 BY MR. IASPARRO:
20 ment ioned that the house was equipped wi th video and audio
23 Q. And that the keys to that residence weren ' t turned over
Smi th - Di rect
4 A. The conf ident ial informant turned the keys over to Darrel l
8 author izat ion to record and intercept audio and video act ivi ty
9 at 1023 Kishwaukee.
10 Q. Agent Smi th, I ' m going to hand you Government ' s Exhibi ts 1A,
11 1B, and also 2A and 2B and ask you to take a look at those.
12 Star t ing wi th 1A and 1B, si r , can you tel l us what those are?
13 A. These are the order author izing the intercept ion of visual
14 nonverbal conduct and act ivi t ies at 1023 Kishwaukee and then the
17 A. Thi r ty days.
23 2B, are those the orders that were entered on September 8th,
Smi th - Di rect
1 Q. Was i t your test imony that the keys to 1023 Kishwaukee were
2 not turned over unt i l the orders were signed on August 9th,
3 2005?
8 Kishwaukee.
14 Kishwaukee.
15 Q. Agent Smi th, I not ice that there is some hardware at tached
18 them, and then there ' s a bol t lock and a secondary bol t lock.
19 Q. Agent Smi th, you ment ioned that these photographs were
22 Q. And was that dur ing the execut ion of a search warrant at
23 1023 Kishwaukee?
Smi th - Di rect
2 operat ion.
4 there ongoing moni tor ing of the act ivi t ies of persons at 1023
5 Kishwaukee?
7 Q. Can you descr ibe -- you ment ioned cameras and microphones at
8 1023 Kishwaukee.
9 A. Yes.
16 sect ions. Each sect ion deal t wi th one par t icular room in the
17 house. So, there would be a sect ion for the ki tchen , a sect ion
18 for the dining room, a sect ion for the l iving room. There was
19 one moni tor observing those sect ions. There was a supervisor in
22 from one of two cameras under our cont rol , and you ' l l see that
23 in the video where they ' l l be going back and for th t rying to get
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8 requi red to make copies of those DVDs . Fi rst tag the DVD , make
13 A. Yes. They made them pr ior to seal ing the or iginal envelope.
16 A. Yes, I was.
17 Q. And were the act ivi t ies at 1023 Kishwaukee moni tored 24
21 A. No.
24 oral and visual intercept ion i f the conversat ion or the act ivi ty
25 is not cr iminal related. So, there were t imes when they may be
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2 spor ts . I t was up to the moni tor and the supervisor over him
5 see i f the conversat ion or the act ivi ty had changed to something
10 Q. Agent Smi th, I bel ieve i f you tap the screen in one of the
14 Q. 172N?
16 Q. And 172P?
17 A. That ' s a view looking from the dining room into the l iving
18 room.
19 Q. Agent Smi th, the photograph depicts some furni ture in the
20 dining room and the l iving room. Was that furni ture there when
23 furni ture.
25 A. That ' s in the dining room area. I ' m sorry. That ' s the
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1 l iving room. Yes, I ' m sorry. That ' s the l iving room area.
3 A. I bel ieve this is in the l iving room, also. There ' s crown
5 rooms. I t was behind that crown molding we hid our cameras and
10 A. Yes, i t is.
12 A. The door has been reinforced. There ' s crossbars and there ' s
13 a dead bol t .
14 Q. Agent Smi th, were those cross braces and two-by-fours there
15 when the keys were turned over to Darrel l Davis on August 9th,
16 2005?
24 invest igat ion, Agent Smi th , you ment ioned that you were at the
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3 Q. The back bedroom window over that t ime per iod, what
6 would approach the house from the -- i t would be the west side
7 or the rear and come up to that bedroom window, and the drugs
12 A. Yes. There was one camera mounted on the west end of the
13 house looking away, and we could moni tor , video moni tor only,
17 Q. 172SS, please. You ment ioned a back al leyway, Agent Smi th?
20 A. I t does .
21 Q. Agent Smi th, I ' m wheel ing up to you a car t containing a box
22 marked Government ' s Exhibi t 3. Are you fami l iar wi th that box ,
23 si r?
24 A. I am.
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9 2005?
11 recordings.
13 t imes. Why was that the end date, Agent Smi th?
19 showed you, are those in a sealed condi t ion, and are they in the
20 same or substant ial ly the same condi t ion as when you tagged them
21 into evidence --
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5 A. Yes, I did.
8 moni tor , as he was watching act ivi t ies in his room, would type
9 what we cal l a l ine sheet , and that would be his summary of what
14 speci f ic video cl ips that the government may or may not present
15 at t r ial?
16 A. Yes, I did.
19 headquar ters. I took the appropr iate DVDs out there , and they
20 were able to take the selected scenes that we needed for cour t ,
21 download those scenes onto a hard dr ive, and then create new
22 DVDs just for the scenes or cl ips, as they ' re cal led here , that
25 A. Yes, I was.
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1 Q. And did you review the cl ips that were downloaded and then
3 A. Yes. I reviewed 112 cl ips both pr ior to and then af ter they
5 Q. And in reviewing the 112 cl ips both pr ior to and af ter they
6 were downloaded, did you determine whether they were ident ical
7 repl icas?
9 Q. Agent Smi th, in preparat ion for t r ial again , did the ATF
11 conversat ions of those 112 video cl ips that you ident i f ied?
14 Q. And did you then receive draf t t ranscr ipts from that
16 A. I did.
17 Q. Did you yoursel f review the t ranscr ipts and compare them to
19 A. Yes, I did.
20 Q. Agent Smi th, I ' m handing you f i rst Government ' s Exhibi t 4
22 A. Yes.
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1 A. These are the t ranscr ipts of the conversat ions that occurred
3 Q. And have you compared those t ranscr ipts to the video cl ips?
4 A. Yes, I have.
15 A. Yes. These are the four remaining DVDs of the cl ips that
22 Q. Agent Smi th, I would next l ike to hand you Government ' s
24 si r?
25 A. Yes.
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3 here in cour t .
4 Q. You ment ioned the number 112 video cl ips. In preparat ion
5 for t r ial involving these three defendants , did you fur ther
6 narrow the number of video cl ips down for this par t icular t r ial?
12 government ' s exhibi t number , the date and t ime in which the
13 recording was made, the room in which the recording was made,
18 par t icipants and persons who were involved in conversat ions and
19 other act ivi t ies at 1023 Kishwaukee over the intercept ion
20 per iod?
21 A. Yes, I was.
24 A. I do.
25 Q. Would you point those persons out and descr ibe what they ' re
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5 video.
11 some of those videos dur ing the t ime per iod in quest ion at the
13 BY MR. IASPARRO:
14 Q. Agent Smi th, Government ' s Exhibi t 9, the last column that is
15 ent i t led par t icipants , can you again descr ibe that?
20 video cl ips and thei r respect ive t ranscr ipts to determine thei r
22 A. Yes, I have.
23 Q. And are you also aware that those video cl ips and
24 t ranscr ipts have been downloaded into a cour t room presentat ion
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1 A. Yes, I am.
2 Q. And have you reviewed the cour t room presentat ion format to
8 and, for the jury ' s assistance, the respect ive t ranscr ipts as to
10 to publ ish cer tain video cl ips, both wi th Agent Smi th and other
14 Now, I ' l l get to the other ones , but is there any object ion to
15 those?
21 received in evidence. )
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3 evidence. )
4 THE COURT: My next quest ion is did you move for the
5 t ranscr ipts?
8 cl ips.
14 the audio por t ion of the tapes, and they would be l imi ted to
17 the video and the audio por t ions of some of these tapes that
18 have been admi t ted into evidence , but in order to assist you,
20 accurate t ranscr ipt of what was said and who said i t , and I am
22 what you see and hear , but those t ranscr ipts are not evidence.
23 The sole evidence wi l l be what you hear and see . But this just
24 aids you. And so, i f you hear something that is di fferent than
25 what appears to be on the t ranscr ipts , i t ' s only what you hear
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4 give them an oppor tuni ty to cross examine or int roduce any other
13 of promised you that I ' d take a recess every two hours, and you
17 anybody that wants a break now? If so, just raise your hand.
20 BY MR. IASPARRO:
21 Q. Agent Smi th, I ' d di rect your at tent ion to the screen in the
22 cour t room.
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2 (Videotape played . )
3 BY MR. IASPARRO:
7 Dodson , and Ambrose Jones moving furni ture into 1023 Kishwaukee.
10 A. The day the keys were -- just a couple hours af ter the keys
12 (Videotape played . )
15 Honor .
17 i t down.
18 (Videotape played . )
19 BY MR. IASPARRO:
20 Q. Agent Smi th, based upon the summary that you prepared ,
24 The par t icipants you ' l l see in this cl ip are Steven Easter and
25 Bradford Dodson.
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3 (Videotape played . )
4 BY MR. IASPARRO:
5 Q. Agent Smi th, you ment ioned Steven Easter is a par t icipant in
10 Q. Agent Smi th, based upon the invest igat ion and your
11 exper ience as an ATF agent , are you fami l iar wi th the term
12 bi rds?
13 A. Yes.
15 A. A bi rd is a ki lo.
16 Q. And you heard the par t icipants in that conversat ion ment ion
18 A. Yes.
19 Q. Are you fami l iar based upon the invest igat ion wi th who Jo Jo
20 is?
23 the invest igat ion. What did you understand that to mean?
25 Q. And also based on the invest igat ion, did you learn what the
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3 using drugs .
7 Q. Agent Smi th, I ' d l ike to next play cl ip seven. Based upon
9 date and t ime of cl ip seven, and who are the par t icipants?
10 A. That ' s August 11th. This is 7:50 a.m. in the dining room
12 (Videotape played . )
13 BY MR. IASPARRO:
14 Q. Agent Smi th, the person that just got up from the couch, who
15 is that?
19 A. He went from the dining room into the l iving room and then
22 sensi t ive?
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1 (Videotape played . )
2 BY MR. IASPARRO:
3 Q. Agent Smi th, based upon your invest igat ion and the video
6 wanted sof t , meaning heroin, and Easter told him where the
7 heroin was and took that and then walked back to the window.
11 Exhibi t 9, Agent Smi th. When was cl ip 11, and who were the
12 par t icipants?
14 I t ' s the l iving room. You see Steven Easter and Mont rel l
15 McSwain.
16 (Videotape played . )
17 BY MR. IASPARRO:
19 cl ip 11, where Mont rel l McSwain said, "We ain ' t stopped jukin '
22 Q. And the term cluckers is also used or was also used in that
23 cl ip. Based upon the invest igat ion, did you learn what the term
24 cluckers means?
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1 dope, drugs .
2 Q. I ' d l ike to next play cl ip 12, Agent Smi th, based on the
4 A. Yes.
5 Q. What is cl ip 12?
9 (Videotape played . )
10 BY MR. IASPARRO:
14 (Videotape played . )
15 BY MR. IASPARRO:
16 Q. Agent Smi th, what was Lee Al len doing in that video cl ip?
18 Kishwaukee.
21 long.
23 BY THE WITNESS:
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1 (Videotape played . )
2 BY MR. IASPARRO:
3 Q. Agent Smi th, Anthony Glover just lef t the room. What did he
4 do?
7 A. Yes.
11 (Videotape played . )
12 BY MR. IASPARRO:
16 coffee table.
25 before . Final ly, there could be press repor ts on this case, and
1 somet imes press repor ts go back and review pr ior press repor ts
2 which may have repor ted this case in the newspaper back some
3 t ime ago, and that ' s not evidence. And so, that ' s why I caut ion
4 you don ' t read, see, or hear anything about this case because i t
5 may discuss mat ters that are not in evidence, and you should not
7 mat ters that went on in cour t today. And so, you just should
11 don ' t watch the news tonight . The same way wi th radio. Get
12 some nice music on, and don ' t l isten to news repor ts . And the
14 this case.
1 MR. BYRD: Judge, you had indicated you ' d look into
9 that a mot ion for one would be considered a mot ion for al l .
12 THE COURT: If you make an object ion and i t ' s not going
16 to the pract ice in the Nor thern Dist r ict where we ' re tendered
17 the exhibi ts, the actual copies of the exhibi ts . For example,
18 they had the order author izing the wi re, the Ti t le III
19 author izat ion, and the pictures . They int roduced the pictures ,
20 and I ' m at a loss to see why they just don ' t tender copies to
1 saying. Showing them the or iginals doesn ' t real ly help is what
8 THE COURT: But you know which ones you ' re going to --
13 Anything else?
15 counsel had the oppor tuni ty to view these photos. None did.
18 ought to -- you can pass one copy, and they can look at them
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