Q. Officer, I am placing a copy of your department report face down in front of you.

Transcription

1 GateWay Community College Phoenix, AZ Q/A Dictation (20 word Count) Q. Officer, I am placing a copy of your department report face down in front of you. Please feel free to use that document at any time to refresh your memory should you need to do that, but please indicate verbally that you are looking at your report. Okay? A. Okay. Q. Would you state your name and spell your last name for the court reporter. A. Paul Gerald DeLeon Dufresne, D-U-F-R-E-S-N-E. Q. How are your employed, sir? A. Phoenix police officer, badge number Q. How long have you been in law enforcement? A. Seven years. Q. And what is your current assignment? A. I work patrol in the Maryvale precinct area. Q. How long have you been on patrol? A. Seven years. Q. What are the general duties of a patrol officer? A. Patrol officers, they take the initial phone calls that are dispatched from 911 of any type of crime, basically, that s in action or had occurred, such as burglaries. We take reports if they had already occurred and there are no suspects. We just take the reports, collect evidence while we are there, do any impounding we need to do, those types of things. We do that for theft calls, stolen vehicles. Then we get into sexual assaults, 1

2 homicide. We basically respond to all that along with doing traffic duties, traffic accidents, writing citations, and that about sums it up. Q. Okay. I d like to take you back to July 7, 2004, at about 3:30 in the afternoon. How did you first become involved in this case? A. I was dispatched by a call-back officer, who is a police officer that was taking reports over the phone of past incidents that had occurred, so basically they were paper calls, and in this case it was a burglary, and I was dispatched by the officer that took the original report to go to the scene and collect evidence and dust for fingerprints. Q. What location were you directed to? A West Indian School Road, Apartment Q. And is that location within the city of Phoenix, Maricopa County, Arizona? A. Yes, it is. Q. What did you find when you arrived at that location? A. As I was walking up to the front door of that apartment, the gentleman that you just saw, Tony, exited the front of that apartment, and he contacted me. Q. And what did he say to you when he contacted you? A. He stated that he was burglarized earlier that day, earlier that day, and that he had just finished a report over the telephone with a police officer. He handed me an envelope. It was basically a piece of paper. It was a beat-up envelope that had a serial number listed on it along with a Sanyo television with a model number written on it. He stated that was his television, that was one of the items stolen at the time of the burglary. He also stated he was also missing a VC R, but he didn t have any further information on the VCR. He stated that he believes he knew who that he knows the suspect that he had met the day prior on the City bus. He stated he met this white male subject about 33 years old, a hundred and seventy pounds, five foot seven, brown hair he stated he met 2

3 him on the bus. They struck up a conversation because they both lived in the same apartment complex. Q. What else did he tell you at that time? A. He stated that the subject that he had met on the bus he learned that he was getting evicted out of the apartment complex. He also told me the subject on the bus that he had met was wearing black Reebok tennis shoes, and he stated that he had spoken with the manager of the apartment complex and stated that Q. By he, you mean Tony had talked to the manager? A. Yes. Tony had spoken to the apartment manager, and when he spoke to her, he described the subject to her, his physical description, and also stated that he was being evicted and that he was a hair cutter. He did that for his line of work. He cuts hair for a living. With those two facts, the manager told Tony Q. Excuse me, Officer. What you are relating to the jury is what Tony told you, correct? A. Yes. A. Tony told me that she informed him that she possibly knew this subject that he was talking about because he she recognized him to be the subject that was being evicted and the subject being evicted cut hair for a living. Q. At that point in time was Tony able to give you the name of the subject? A. Tony did not at that point. Q. Okay. Did Tony make any other statements to you at that point in time? A. He told me he recognized one of the shoe prints. He told me there were two shoe prints on his front door where his locking mechanism in his front door had been kicked in and damaged, bypassing a lock where the subject gained entry into his house to take the VCR and the television. He stated there were two shoe prints on his front door. He stated 3

4 one shoe print was from the subject that he had met on the bus because of the Reebok tennis shoe print. Q. Did you go and examine the front door of Tony s apartment? A. Yes, I did. Q. What did you find when you looked at the front door of the apartment? A. I observed a dead-bolt lock. I observed a regular doorknob. Just to the right of the lock and the doorknob I observed a hiking boot type shoe print from a sole of a boot, and then I observed to the right of that I believe it was a little higher than the boot print a Reebok tennis shoe print. Q. What was the condition of the door? A. The door was broken, bypassing the lock mechanism. The wooden part of the door was damaged. Q. At that point in time did you take some Polaroids of the shoe prints on the door? A. Yes, I did. Q. Let me show you what s been marked as Exhibit 3. Can you identify Exhibit 3 for us? A. Yes. They are the Polaroid pictures that I took of Tony s front door. Q. Okay. And what do those it looks like there are three Polaroids in there, in that plastic bag, although only two of them are visible. What specifically are those photographs of? A. The two that I can see are of the Reebok tennis shoe print, and I believe the one underneath is the damage to the door, but I would have to open the package to reveal Q. We ve got some other photographs over here. We will deal with that later. All right. After you took after you looked at the door and you talked to Tony, what else did you do at the apartment? 4

5 A. Well, I walked in the apartment briefly but walked straight out and then I walked to the manager s office. Q. When you were in the apartment, did Tony show you or tell you where the TV and VCR were in the apartment? A. Yes, he did. Q. Where were they in relationship to the door? How far away? A. Approximately 12 to 14, 15 feet away from the front door into the living room portion of the apartment, and it was against the wall where he pointed out where his television was sitting and the VCR. Q. Did somebody have to come into the apartment to get to that location? A. Most definitely. Q. What was Tony s demeanor when he was describing it? A. His demeanor was articulate on what happened. He was casually dressed. He was he made sense. He gave me all the facts in correlation with the evidence I had and appeared to be telling me the truth. Q. Did Tony appear to you to be under the influence of drugs in any way? A. No, he did not. Q. Do you come in contact with individuals who are under the influence of drugs on a regular basis? A. Yes, I do. Q. How often would you say you come in contact with individuals who are under the influence of some drugs? And I will include alcohol as a drug. A. How often? I would have to say at least 20 times a week. Q. So you are fairly familiar with the signs and symptoms of a person who is under the influence of drugs? 5

6 A. Yes. Q. Would you be familiar with the signs and symptoms of a person who is under the influence of heroin? A. Yes. Q. Anything that you saw on Tony or that Tony did that evening that would indicate to you that he was under the influence of heroin? A. No. Q. Did you check his shoes to see if they matched the shoe prints on the door? A. I don t recall. Q. Okay. Did you have any reason to do that? A. No. Q. Tell us about the condition of the inside of the apartment. Was it a neat and orderly apartment, everything in its place? A. I would recall that it was quite empty. It appeared that he was at least getting ready, packed up, ready to go and to move out of the apartment, but yes, it was neat and clean. Q. Things were in boxes? A. A few items, yeah. Q. Did Tony tell you he was about to move? A. Yes. Q. Did Tony say something about a coffee table? A. Yes, he did. Q What did he tell you about the coffee table? A. Tony also stated that the subject that he had met on the bus the day prior, on the 16 th, had come over to his apartment, saw that he was moving and selling some items, and he sold a coffee table to the subject he had met on the bus. 6

7 He also stated while this subject walked in the front door of his apartment, Tony s apartment, to purchase the coffee table, the subject stopped in the doorway, paused for a minute, and said, Nice TV, as he looked at Tony s television. Tony said, Thanks, and sold him the coffee table. Q. Anything else that you can remember that Tony told you at that point in time? A. No, I think that s about all of it. Q. Okay. Anything else that you did at the apartment at that point in time? A. Yes. I went to the manager s office and spoke with the manager and obtained a name and an apartment number. Q. What information did you give to the manager of the apartment? A. I told her that I was investigating a burglary where a victim s door was kicked in and a TV and VCR were taken from the apartment. I told her that the subject the victim was Tony, and I told her I believed that she had already spoken to Tony. She stated that she did speak with Tony. Q. Did she give you a name based on the information that you gave her? A. Yes, she did. Q. What name did she give to you? A. Gliosci. Q. Robert Gliosci? A. Yes. Q. Based on the name that you received from the apartment manager, what did you do next? A. I went to the Robert Gliosci apartment that he was in the process of moving out of, being evicted out of. Q. What apartment number was that? 7

8 A. I believe it was Q. And how far was that apartment from Tony s apartment? A. Well, it s in a different building and it s kind of around the corner from Tony s. It s hard to say. Q. Okay. Well, when you got to Mr. Gliosci s apartment, what did you do? A. I knocked on the front door and a female answered. Q. Did you ask for Robert? A. Yes, I did. Q Did you speak to Robert at that point in time? A. No, I did not. Q. Did you go into the apartment and look for Robert? A. I think I did, yes. Q. Was he there? A. No. 8