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Dale Lingerfelt
Witness for the People: Guilt Phase September 1, 2004
Direct Examination by Rick Distaso DISTASO: Officer Lingerfelt, you're an officer with the Modesto Police Department? LINGERFELT: That’s correct. DISTASO: And what unit were you working with back in January of 2003? LINGERFELT: It's our street level narcotics unit, which is called MNET, Modesto Narcotics Enforcement Team. DISTASO: And as part of your, as part of your duties there, were you assigned to the surveillance of Mr. Peterson on January 3rd? LINGERFELT: Yes. DISTASO: And what shift were you working? LINGERFELT: I was working the night shift. DISTASO: Let's just kind of go through it. On January 3rd, what time did you start your shift? LINGERFELT: We started that day at 1800 hours, or 6:00 p.m. DISTASO: And where did you pick up the surveillance? LINGERFELT: Right around the police department, in Modesto. DISTASO: And did you follow Mr. Peterson? LINGERFELT: Yes. DISTASO: And what car was he driving? LINGERFELT: The green Land Rover. DISTASO: And the, and did you follow him throughout that evening? LINGERFELT: Yes. DISTASO: When did you, we've, we've heard from a couple officers, so I'm not going to totally belabor the point, but at some point Mr. Peterson left his residence? LINGERFELT: That’s correct. DISTASO: And what time was that? LINGERFELT: It was around 1910 hours, or 7:10 p.m. Around there. DISTASO: Okay. What time did he return? LINGERFELT: Right around 9:30. DISTASO: In the evening? LINGERFELT: In the evening. Or 2130 hours. DISTASO: Okay. And did he, as far as you know, remain in his residence the rest of the evening? LINGERFELT: That’s correct. DISTASO: What was the traffic around the residence? I mean, what was the amount of people around there at that time, in the nighttime? LINGERFELT: Okay. What time during the night? Early? Or late? DISTASO: Well, let's start, like, at 9:30, when he got back. LINGERFELT: It wasn't, it wasn't heavy traffic. It was residential traffic on a normal, quieter residential street. There was a few people cruising past the house. I think people that were looking at the house. DISTASO: Can you, can you describe that for us, what you mean by a few people doing that? LINGERFELT: Well, every once in a while you'd see a car slowly go past the house, and it was pretty obvious they were looking at the house, probably from what was going on. There was some news media out there, but not very much. DISTASO: There was what? I'm sorry. LINGERFELT: News media people, but not very much. And then I'm not sure what time they left, but they left somewhat early. And then later on in the evening, until I was relieved at 5:30 in the morning, it was quiet. DISTASO: Okay. So at some point that, you talked about what was going on. At some point everybody left? LINGERFELT: That’s correct. DISTASO: And then it was quiet until you were relieved? LINGERFELT: That’s correct. DISTASO: Was, was it just a normal, as far as you could tell, normal kind of residential street in Modesto? LINGERFELT: Yes. DISTASO: Let's go to January 4th. What, it looks like you started at 5:30? LINGERFELT: That’s correct. DISTASO: And, 5:30 in the evening? I'm sorry. LINGERFELT: That’s correct. DISTASO: Ended at 5:30 the next morning? LINGERFELT: That’s correct. DISTASO: And can you just describe again for the jury what the traffic was around the house and how, what things were like on that day. LINGERFELT: It was pretty much the same. It's very quiet for the most part. Actually, during that shift, nothing really happened on that shift at all. During my shift, again, just kind of your normal residential traffic. I don't specifically remember any media being out there on that day. DISTASO: And was it fair to say it was an uneventful evening? LINGERFELT: Yes. DISTASO: What about on the 5th? Looks like you started again at 5:30? LINGERFELT: That’s correct. DISTASO: And where did you pick up the surveillance? LINGERFELT: When we basically logged on for our shift, we were told to go up to the area around Del Rio Golf Course, that Mr. Peterson was up there. So my shift actually began around in that area DISTASO: And did you pick up Mr. Peterson somewhere in that area? LINGERFELT: Yes. DISTASO: And where did you go? LINGERFELT: We went southbound, following him in a vehicle with another occupant. Down McHenry and eventually went to, stopped at Safeway, which is on McHenry in the Briggsmore area, purchased some items, then continued southbound, eventually ending up at the house. DISTASO: And it looks like Mr. Peterson got back to the house sometime around 6:15-ish? Something like that? 6:30? LINGERFELT: That’s correct. DISTASO: Okay. And, again, can you tell us what the, what the traffic was around the house and what the media presence was? Just describe it for us. LINGERFELT: Again, it was, on this one there's actually, look like people coming in and out of the house. Maybe some family members coming in and out of the house. As far as the traffic, it was around the same. Again, I don't recall specifically any media people being out there, so it looked kind of a normal, that, that area of town is quiet in there. It's a nice area, and there's not a lot of traffic in there, so it was kind of, for the most part, normal. DISTASO: Did you, JUDGE: Was the 5th a Sunday? Did you notice? LINGERFELT: I don't recall that, sir. JUDGE: You don't recall? LINGERFELT: If it was Sunday or not. DISTASO: It, did it appear to you to just be a normal residential night there in that neighborhood? LINGERFELT: Yes. DISTASO: And as part of your duties, just so I can lay some foundation for that, as part of your duties with the drug enforcement unit, are you familiar with those neighborhoods around there? LINGERFELT: Yes. DISTASO: On the 6th did you, again started at 5:30, correct? LINGERFELT: That’s correct. DISTASO: And where did you pick up the surveillance? LINGERFELT: This time I was informed that they were following Mr. Peterson in a red Honda four-door vehicle, southbound on Highway 99. I picked up the surveillance just coming back into Modesto, the actual Modesto area, and it landed back at the Enterprise rental car around 7th and G Street. DISTASO: And is that where, did you go there? LINGERFELT: Yes. DISTASO: And then did you, did you see Mr. Peterson leave the rental car agency? LINGERFELT: Yes. DISTASO: And what car was he driving? LINGERFELT: The green Land Rover. DISTASO: And when he left, where did he go? LINGERFELT: He eventually went home to his house. DISTASO: Now, looks like your report, just so I'm clear on the times, looks like at 5:40 he left the rental car place? LINGERFELT: No. The, when the typist typed this, she inverted some numbers. So it should have been the opposite way around. The 1735 should have been on the top and, the 5:35, and the 5:40 should be on the bottom. DISTASO: Okay. So he left the rental car agency about 5:30-ish or so? LINGERFELT: Approximately around there. DISTASO: Okay. And then he got home around 5:40? LINGERFELT: That’s correct. DISTASO: Okay. And then, again, what was the night like there, from, from that time on until you were relieved the next morning? LINGERFELT: I don't recall anything specific. The traffic was pretty much the same as it had been the previous days I'd done surveillance. DISTASO: Okay. When you were watching the house, did you use the aid of the pole cam, the camera? LINGERFELT: Did I look at the receiving unit? DISTASO: Uh-huh. LINGERFELT: I was able to see the receiving unit sometimes, yes. DISTASO: During that time, did you ever record anything off of that unit? LINGERFELT: No. DISTASO: So, so the jury is clear, the way the unit is set up, it can either, it can be kind of static where you're looking at it, just watching the house, or you can record off that, too? LINGERFELT: That’s correct. DISTASO: Let's go to the 7th now. Where did you pick up the surveillance on January 7th? LINGERFELT: That time they said they were up on the Hungry Hunter restaurant up on Sisk Road. DISTASO: And what happened when you got there? LINGERFELT: When I arrived Mr. Peterson was leaving the parking lot, driving the green Land Rover. We ended up following him to a business on North Emerald. Appeared that he got out and maybe got some mail out of the mailbox. And then we followed him back to his house. DISTASO: During that time, from 5:30 until when you got back to his house, did Mr. Peterson, from the Hungry Hunter, is what I'm talking about, did Mr. Peterson ever stop at the Modesto Police Department? LINGERFELT: No. DISTASO: So he went, he went to the business and then went back to his house? LINGERFELT: That’s correct. DISTASO: After he got back, did you, you didn't note anything in your, in your notes. So I'm assuming you didn't notice anything else that occurred? LINGERFELT: I didn't notice, no. DISTASO: Okay. What was the night like? Just another, give us another brief summary. LINGERFELT: Again, it was pretty much the same. I don't recall specifically any media being out there. The traffic was pretty much the same. DISTASO: And what was your last day that you were involved in the surveillance? LINGERFELT: January 8th. DISTASO: And tell us what happened. What time did you start? LINGERFELT: I started at 1700 hours, which is 5:00 p.m. DISTASO: And did you have contact with Mr. Peterson? LINGERFELT: Yes. DISTASO: What car was he driving? LINGERFELT: It was a Chevy or GMC, like a mid-sized smaller extra-cab pickup. DISTASO: You put it as a Chevy S-10 pickup? LINGERFELT: Yes. DISTASO: Okay. Were you aware, were you aware that he rented that at the rental car agency? LINGERFELT: I had been told that he had, yeah. DISTASO: And what happened then? Where did he, where did he go to? LINGERFELT: He was there for a little while. About 1725 approximately he left there, drove away, and went with a, another occupant in the vehicle. They went to the Enterprise rental car company again. DISTASO: And what happened when they got there? LINGERFELT: The occupant, I believe it was a female, got out, got into the green Land Rover, drove that away. And then Mr. Peterson followed away in the, the white vehicle, pickup. DISTASO: And they went, LINGERFELT: They went back to the house. DISTASO: All right. So somebody went back to the Enterprise lot, picked up the Land Rover, and then they went back home? LINGERFELT: That’s correct. DISTASO: And what was, tell us what that particular night was like, the night of the 8th. LINGERFELT: It was, it was the same, for the most part, as the other nights. It was uneventful. DISTASO: Okay. There was no, there was no large crowds or nothing you noted of that nature? LINGERFELT: Not that I recall. DISTASO: What was the media presence? Or do you even recall any media presence? LINGERFELT: I don't specifically recall my media being out there. DISTASO: Nothing further, your Honor. JUDGE: Just one question, Officer. On January the 8th you said that they went to the Enterprise car rental. LINGERFELT: Yeah. JUDGE: You say "they." There was two people in the pickup? LINGERFELT: That's correct. JUDGE: A female? LINGERFELT: That's correct. JUDGE: And a male? LINGERFELT: That's correct. JUDGE: Were you able to identify the female? LINGERFELT: I was not, no. JUDGE: Okay. Both of them got out, both of them, well, the white pickup truck remained at the Enterprise car rental, and then they both went into the Land Rover and went home? LINGERFELT: No. JUDGE: What happened? LINGERFELT: She got out of the pickup, got in the Land Rover, and he followed, JUDGE: He followed in the white truck? LINGERFELT: That's correct. JUDGE: She drove the Land Rover. That's what I got in my notes. She got into the Land Rover and left for home and was followed by the defendant in the white pickup. LINGERFELT: That's correct. JUDGE: Okay. Did you follow him right to, to the residence? LINGERFELT: I myself from there went to the residence, yes. JUDGE: Okay. And what happened, what did you see when you got there? LINGERFELT: When I got there, there was quite a few other vehicles at the residence, parked around there. They went inside, and that was basically it. JUDGE: That was the end of it. LINGERFELT: Yeah. JUDGE: Okay.
Cross Examination by Mark Geragos GERAGOS: What day was that? JUDGE: This is January the 8th, Wednesday. GERAGOS: When you on that, I'll start from there. On that, the 8th, on the 8th at 5:00 o'clock, you said that, I think you start off on your notes, page six of six, that you rejoined the surveillance? LINGERFELT: That’s correct. GERAGOS: Okay. And where did you, it doesn't say in your notes. Where did you rejoin the surveillance? LINGERFELT: Back up at the Red Lion Inn. GERAGOS: Okay. And you knew that to be where the volunteer or the command center was? LINGERFELT: That’s correct. GERAGOS: Okay. The, he was there for a little less than half an hour? LINGERFELT: That’s correct. GERAGOS: Okay. And then when they, when they went, they had, looked like they got into the same car, which was the pickup truck? LINGERFELT: That’s correct. GERAGOS: That white Dakota? LINGERFELT: I believe it was a Chevy, Chevy or GMC product. GERAGOS: Okay. And then went back, went back, as the judge was asking you, to the Enterprise rental car? LINGERFELT: That’s correct. GERAGOS: Okay. And then the cars at the scene, when they went to the rent a car place, did they pick up the Land Rover, the green Land Rover? LINGERFELT: Yes. GERAGOS: So if I understand correct, they had taken the Land Rover there. Do you know what date it was left there? LINGERFELT: No, I do not. GERAGOS: Okay. But your understanding, or at least it appeared to you, that when he rented the car, he had left the Land Rover there to pick up a pickup truck? LINGERFELT: I don't know if he did or not, but it was there when they arrived. GERAGOS: Were they, are you aware of any of the surveillances to any business-related activities that he engaged in with that pickup truck? LINGERFELT: No. GERAGOS: Okay. And is that because you're basically the night shift? LINGERFELT: That’s correct. GERAGOS: Okay. The, specifically on the 3rd when you started, where did you pick him up? LINGERFELT: Actually, right around the police department, leaving the area, leaving the area of the police department. GERAGOS: Okay. You basically, on the five days that you were surveilling him at night, you would only see the, this Land Rover, the green Land Rover driven locally in Modesto, correct? LINGERFELT: Yes. GERAGOS: You never saw him take that out of town, is that correct? LINGERFELT: No. GERAGOS: In that period of time? LINGERFELT: That’s correct. GERAGOS: Okay. Now, and you understood that the 3rd was the first day he had got the, that he had received the Land Rover back after it having been seized during a search warrant? LINGERFELT: I don't have knowledge of that. GERAGOS: They, you had indicated I think to Mr. Distaso that at about, and I'm looking at your notes for the 3rd, are these your only notes, the typewritten notes? LINGERFELT: Yes. GERAGOS: The entry for 7:35 is that he had been at a shopping center area, is that correct? LINGERFELT: I'm sorry, could you say that? I'm getting kind of feedback from your or something. GERAGOS: I think I've got two of these. He had been at a shopping center? At 7:35? LINGERFELT: Yes. That's correct. GERAGOS: Okay. Then he went over to a residence where they were numerous cars there? LINGERFELT: That’s correct. GERAGOS: Did you know that to be a woman by the name of Joan Faria, or Faria's house? LINGERFELT: No knowledge of that, no. GERAGOS: Did you get a residence address as to where he went? LINGERFELT: I did not, no. GERAGOS: Okay. He parked there at the residence and there were numerous cars there, is that correct? LINGERFELT: That’s correct. GERAGOS: Okay. And he, when he went there he was in the, which car? LINGERFELT: The Land Rover. GERAGOS: Okay. And then the, when he left there, somebody followed him in a Subaru? LINGERFELT: That’s correct. GERAGOS: Okay. And they followed him to, he's got the Land Rover, then you got the Subaru, and then you got the tail car, surveillance car behind him? LINGERFELT: That’s correct. GERAGOS: So kind of a parade through the streets of Modesto at that point? LINGERFELT: Not a parade. That's not how we do it, but there were some vehicles following him, yes. GERAGOS: And then they went back to the residence, is that correct? LINGERFELT: That’s correct. GERAGOS: Okay. And at that point did you see what happened with that Subaru? LINGERFELT: I don't have any recollection of it leaving or not. It went to the house. I don't know what happened to it after that. GERAGOS: Okay. Did you see, you didn't make any notes, I take it, as to whether or not whoever was driving it drove it somewhere else? LINGERFELT: No, I did not. GERAGOS: Okay. And then on the 4th you went back, you would pretty much each day start at the Covena address? LINGERFELT: Unless we were instructed to go somewhere else, yes. GERAGOS: Okay. And would they give you, at the start of your shift, this unit for monitoring the pole cam? Or not? LINGERFELT: It was already set up. It was there already. So it was there. GERAGOS: And where would you make a connection to grab it? LINGERFELT: I'm sorry? GERAGOS: When you would go there, was part of your duty not only to follow him if he left the residence, but were you also instructed to monitor the surveillance? LINGERFELT: Yes, yes. GERAGOS: And would you have to pick that up from somebody? LINGERFELT: No, it was just there. GERAGOS: Okay. It was at the house? LINGERFELT: It was where we had left the receiving, GERAGOS: I don't want you, right, I don't want you to reveal the location. LINGERFELT: Okay. GERAGOS: Don't do that. Are you telling me basically you would show up to the location where this unit is, the monitor, LINGERFELT: That’s correct. GERAGOS: the monitoring unit? Okay. And then you would start, is that basically where you were most of the evening? LINGERFELT: Unless, unless Mr. Peterson left or we needed to, to leave to a surveillance, then we would actually follow vehicles away. GERAGOS: Okay. So you would spend generally twelve hours of a rip-roaring time sitting somewhere looking at a bad monitor of a place across the street, is that correct? LINGERFELT: That’s correct. GERAGOS: Okay. Now, the 5th, you do the same thing. You come to work at whatever the location is. So when I say you come to 523, you're not actually there, you're at some remote location where you're observing 523? LINGERFELT: That’s correct. GERAGOS: Okay. Then you were told at that point, and I think we had one of the other witnesses said that he had arrived at Del Rio at about 4:00 and change, some time after 4:00. You were informed that he was at Del Rio and he had been there for a couple of minutes or maybe 20 minutes, something like that? LINGERFELT: We weren't informed how long he had been there, but we were informed to meet the rest of the surveillance unit up there, because Mr. Peterson was up at Del Rio now. GERAGOS: Okay. January 5th at 5:30, it's dark out now, correct, in Modesto? LINGERFELT: It's not dark yet. There's still light out. GERAGOS: Okay. And at that point he comes out of the Del Rio spot at 5:30, when you arrived? LINGERFELT: That’s correct. GERAGOS: Okay. And when you got there, you met up with this Sergeant David and Weiglein and Bettis? LINGERFELT: That’s correct. GERAGOS: Okay. And basically, within a couple of minutes of you getting there, he's leaving? LINGERFELT: That’s correct. GERAGOS: And they, he was in a new Ford Explorer? LINGERFELT: That’s correct. GERAGOS: Okay. Was he driving? LINGERFELT: My recollection is that he was the passenger, actually. GERAGOS: And there were other, obviously, if he's a passenger, there's other people in the car? LINGERFELT: One for sure. GERAGOS: Okay. Possibly others? LINGERFELT: I don't know. I saw one other person in the car. GERAGOS: Okay. And they went back to, and this is on the 5th. They went back to the house. He and, he and at least one other person get out of the car, go inside. And then there's, at least from your notes it appears there's quite a bit of activity on that evening, is that correct? LINGERFELT: That’s correct. GERAGOS: You didn't document, at least in the notes that I'm looking at, all the people who came and went, is that right? LINGERFELT: That’s correct. GERAGOS: Okay. But is it fair to say that of the, what is it, four or five days that you were on this thing, or four nights that you were on this thing, that was, on the 5th was the most activity? LINGERFELT: From the house, yeah. GERAGOS: From the house? LINGERFELT: Yeah. GERAGOS: Okay. And you have an estimate as you sit here, I know it's been quite a while, but do you have an estimate of how many different people are coming and going? LINGERFELT: No. GERAGOS: But numerous? LINGERFELT: I would say numerous. GERAGOS: Okay. At approximately 9:00 o'clock most of the people had left? LINGERFELT: That’s correct. GERAGOS: Okay. And then you do the same thing? You at that point have got, how big of a picture does this monitor allow you to see of the front of the house? When you're looking at, if I understand, LINGERFELT: That’s correct. GERAGOS: You're at a remote location, you're looking at a monitor, looks like, what, ten inch, or 15? LINGERFELT: It's around, I'm guessing around a ten inch screen. GERAGOS: Are you getting the full width of the house, including the neighbor's house? Just part of it? The driveway? Do you remember? LINGERFELT: My recollection is that you have the front of the house and the driveway, but not much else. GERAGOS: Okay. So somewhat limited in terms of the view, is that correct? LINGERFELT: That’s correct. GERAGOS: Is it a fair statement that the best thing that this did for you, having this remote thing, is that you could see cars leave the driveway? Basically that was the best view? LINGERFELT: Or people walking up, if it was light enough. GERAGOS: Okay. And after dark you couldn't tell that much if people were walking up? LINGERFELT: You would see headlights. GERAGOS: And were you tasked with the job of determining where the media was on the block? LINGERFELT: No. GERAGOS: Okay. And I assume that you're familiar with that neighborhood, you had indicated to Mr. Distaso? LINGERFELT: That’s correct. GERAGOS: And that neighborhood has, there's what I call a green belt just about five doors up, right? LINGERFELT: That’s correct. GERAGOS: Okay. You were aware that a lot of the media would park along that little green belt area there at a certain point? Modesto PD was, let me just suggest some of the pictures I've seen have got Modesto PD at a certain point puts some kind of blockades up on the street itself? LINGERFELT: That’s correct. GERAGOS: Okay. That was done because there was so many, I call them lookie-loos, gawkers, whatever you want to call them, coming through there, correct? LINGERFELT: That’s correct. GERAGOS: And a lot of the neighbors in that neighborhood were complaining about being able to get in and out of their house, isn't that correct? LINGERFELT: I could only go on what I saw on the news. I didn't see that myself. GERAGOS: Okay. You were aware, however, I guess it would have been, I guess, two doors down is a street, towards the park is a street there that intersects, is that correct? LINGERFELT: That’s correct. GERAGOS: That's one where they put up a sawhorse there, is that correct? LINGERFELT: That’s correct. GERAGOS: The sawhorse would kind of block off traffic coming in and out of that neighborhood unless you were a neighbor? LINGERFELT: That’s correct. GERAGOS: And then over by this, on the other direction, going north? LINGERFELT: That’s correct. GERAGOS: Okay. There's a, they put a sawhorse there, kind of bounding where that greenbelt area where you can turn around? LINGERFELT: I'm not aware of the sawhorse there. GERAGOS: Okay. And the reason for that is because the media was also coming and going frequently in the mornings, but your indication is not as much at night when you were watching? LINGERFELT: My indication of what I knew about that was they put those things up not so much for the media but to cut down on the traffic, because there was a lot of traffic, originally. GERAGOS: Okay. Now, the, in, were you, you only worked from the 3rd on the 8th on this, correct? LINGERFELT: That’s correct. GERAGOS: Okay. The 6th when you went back there, at 5:30, you were told that my client was on the 99, going south? LINGERFELT: That’s correct. GERAGOS: Okay. And then he returned to Enterprise Rent a Car again? LINGERFELT: That’s correct. GERAGOS: And at that point he picked up the Land Rover? LINGERFELT: That’s correct. GERAGOS: And then went straight over from the Enterprise Rent a Car in the Land Rover back to his house? LINGERFELT: I'm not sure if he went straight over there or not. The surveillance followed him over there, and I believe on this date I actually went back to the house and set up to watch him arrive at the house. GERAGOS: It looks like there's, and I don't know if it's typographical or if somebody just cut and pasted it. It looks like, you do kind of a chronological log on your notes, correct? LINGERFELT: That’s correct. GERAGOS: Looks like you start at 5:30, go to 5:40, and then somehow we kind of dial back to 5:35? LINGERFELT: Correct. That's a typo. GERAGOS: That's a typo. Do you know what time that should be on the 6th? LINGERFELT: It should be flipped over as far as, it should go 1730, again, these are approximates, 1730, 1735, 1740. GERAGOS: So if I understand correct, on the 6th you get this information he's going down 99. That's at about 5:30 when you start your surveillance? LINGERFELT: That’s correct. GERAGOS: And at about five minutes later, at 5:35, he's at Enterprise rental car, correct? LINGERFELT: That’s correct. GERAGOS: And about five minutes later he's back at his residence? LINGERFELT: Approximately. The 1735 should be that he left the Enterprise rental car after already getting there at 1730 hours. So there's going to be a little bit more than five minutes there. GERAGOS: And at the residence there was the Subaru, there was the Discovery Land Rover. After that there was the extra cab truck that you believed belonged to his dad and mom? LINGERFELT: That's what I was informed of, yes. GERAGOS: Okay. Same thing through that evening, LINGERFELT: That’s correct. GERAGOS: that Mr. Distaso talked about? The 7th, you also, you arrived at this place called the Hungry Hunter, and he had the Discovery Land Rover? LINGERFELT: That’s correct. GERAGOS: And the Hungry Hunter is located in what city? LINGERFELT: In Modesto. GERAGOS: Okay. And he went from there to the business on Emerald, the warehouse? LINGERFELT: That’s correct. GERAGOS: Okay. And checked the mailbox that was in the front there? LINGERFELT: That’s correct. GERAGOS: Okay. And then on the 8th, when you rejoined him, that was what we talked about when we first started, is that when you picked him up he was over at the Red Lion? LINGERFELT: That’s correct. GERAGOS: Now, did you have any other involvement in the surveillance after the 8th? LINGERFELT: No. GERAGOS: Thank you. I have no further questions.
Redirect Examination by Rick Distaso DISTASO: Officer Lingerfelt, when counsel was asking you about the blockades on the street, can you explain that for us a little better? LINGERFELT: They're basically sawhorses that city crews use sometimes to put out, JUDGE: Do we have a diagram where he can show us? DISTASO: We probably do. I think they're all locked back there. JUDGE: Are they locked? The diagrams of the Covena Street? DISTASO: The map. GERAGOS: It's in the evidence room. JUDGE: They're in the evidence room. Maybe she can go get it. DISTASO: I was going to say, if the court doesn't mind, it actually might be helpful to draw them on there. JUDGE: If he wants to, whatever. I think it would be helpful if they had pictures. DISTASO: But they were, we can finish up, and I'll have you draw them, as soon as she gets back, where they were, but were they on both sides of the street? LINGERFELT: I don't recall. I know, I'm not even sure what days they were up there, but I do know some days the blockades were up there on the south end. I don't know about the north end. DISTASO: Okay. And those, when you were doing your surveillance, were they up there or not? LINGERFELT: I don't specifically recall. DISTASO: Okay. So you, you're not sure either way? LINGERFELT: I know at some point during this investigation they were, when I was out there. I'm not sure what days they were. DISTASO: Okay. That's all I have, your Honor. And I don't need him to draw. JUDGE: Well, she's going to get it out of there. I assume they were placed there by the Modesto Police Department? LINGERFELT: I'm assuming, too. I don't know specifically, though. JUDGE: Were they manned at all? Was somebody there monitoring these roadblocks to keep people out? LINGERFELT: Not that I know of. JUDGE: Determining who was a neighbor or not? LINGERFELT: Not that I know of. JUDGE: So somebody could just move the sawhorse and drive in and nobody would be the wiser? LINGERFELT: I would assume that somebody was out there. DISTASO: I don't have any other questions. |