I get up on the 9th floor a bit late for me, 8:45 AM. Javier Bolden's mother is sitting beside me on a hallway bench, nervously rocking it. She's tall and very slender. A female sheriff walks by that she appears to know. Smiling, she says to the deputy sheriff, "Still here." The sheriff holds three fingers up and says, "Three more years and then I retire."
Jane Robeson from the DA's office clears security and heads in this direction. She pops into several courtrooms at this end of the hallway.
Bolden's mother heads into Judge Marcus' courtroom. Her son's attorneys, Andrew Goldman and Jana Seng come this way with their rolling carts.
Inside Dept. 102, I see Judge Marcus at his clerk's desk, chatting. Bolden's counsel set up their files. More people arrive. An older man, a woman and a younger woman. The older man approached the bailiff and asks about where witnesses check in. The prosecution isn't here yet, so the bailiff has them take a seat to wait. Mr. Sztriacher arrives and Mr. Goldman has a friendly chat with him.
Bryan Barnes' mother arrives. She sits at the other end of the second bench row from Bolden's mother. They don't speak to each other.
Judge Marcus goes on the record in the preliminary hearing. Judge Marcus tells Ms. Brazil, "You indicated your witness would be here. She's not here." Ms. Brazil replies, "She is here." She goes out to the hallway to retrieve her witness. More people enter the courtroom. Ms. Collins enters the courtroom with her court appointed attorney and some supporters.
Collins takes the stand. Judge Marcus explains to her she's still under oath. She appears to be a reluctant witness. My phone goes off and I rush out of the courtroom as fast as I can to silence it. Because of that, I miss the first questions the witness is asked.
Bryan Barnes was staying with Latiana Collins at her home on April 11th of last year.
DB: At 10 PM on April 10th, did someone come to your house to pick up Bryan Barnes?
LC: Bryan left but I did not walk outside to see if he walked outside.
DB: Who came to pick him up, if you know?
DB: Do you recall being interviewed by Detective Carreon, telling him that Javier Bolden picked up Bryan?
LC: That was over a year ago and I don't recall.
DB: May 15th, of 2012, you met with Detective Carrion, who brought you to court today. ... (You spoke about?) ... your relationship with Bryan Barnes? ... My mistake. May 18th, 2012. ... When he asked you if Javier Bolden picked Bryan up from your house do you remember that?
DB: And you said that he did?
Defense attorney for Bolden, Jana Seng objects. "Lack of foundation." Judge Marcus rules, "You will get a chance on cross."
DB: Did Bryan Barnes return to your house some hours later?
DB: Approximately what time of day or night (did he) return?
LC: I don't know the exact time.
There's another objection. Judge Marcus rereads the court reporter's transcript. "I'm going to ask you to rephrase," he rules.
DB: I want to focus your attention on the date of April 11th (2012). Do you have that time frame fixed in your mind?
LC: A month after that I lost my uncle so I don't remember about that time.
DB: Do you recall that date stood out in your mind because that's the date you and Bryan began (your/) relationship? ... Because that's the date ... began to officially date. ... That date sticks out in your mind?
DB: Some hours past ... did Bryan Barnes return to your residence?
DB: What time?
LC: I don't know. I'm not sure.
DB: Can you estimate for me?
LC: I don't know.
DB: When you spoke to Detective Carreon, do you remember that you told Detective Carreon....
LC: I don't know.
JM: I'm going to ask, if you're going to do this, I would ask that you outline page (and line?) number.
Brazil flips through a transcript at the podium. Judge Marcus asks Brazil that to give the witness an opportunity to recall before she impeaches the witness. More people arrive in Dept. 102.
DB: Would it refresh your recollection if you reviewed a portion of the transcript of when you talked to Detective Carreon?
I miss answer. Judge Marcus then addresses the witness about the purpose of the transcript.
JM: The purpose of reading it is, is to refresh your memory of talking to Detective Carreon.
Brazil points out to the witness the pages she is to read. The witness reads the transcript on the stand while we wait. Brazil then asks her to read lines 2 through 5 on page 25. Ms. D'Onofrio objects to the witness reading the transcript. Judge Marcus doesn't know if that's valid at this point. Ms. Brazil states she will ask the questions again.
DB: Do you recall the night of April 10th? ... Bryan Barnes left your house and returned in the early morning hours.
LC: I don't remember
DB: Did you have an opportunity to review your transcript before you came to court?
LC: Some of it, yes.
DB: I gave you a copy of it to read?
Bryan Barnes was sleeping in her room on the couch.
DB: On April 11th or April 12th, did you see Bryan Barnes with an iPhone?
LC: You said when?
DB: April 11th, during the day time.
DB: Did you ask where he got the phone?
DB: What color was the iPhone?
LC: I don't remember.
DB: Ms. Collins, did you take an iPhone that you got from Bryan Barnes to a Simple Mobile store?
DB: What color was that?
LC: I don't remember.
DB: How do you feel about testifying today.
LC: I don't know.
DB: Are you afraid?
DB: Why are you afraid?
LC: Because I ..... It was a year ago. I put it past me. ... I lost my uncle and all I remember is, I don't see him no more. ... I don't remember nothing. ... It was a bad tragedy.
DB: Are you saying you don't remember anything because you don't want to testify in this matter?
I miss the answer.
DB: What color was the cell phone that you took to the Simple Mobile store?
LC: I don't know. I don't remember.
DB: Would it refresh your recollection (to read?) where you talked about the iPhone you took to the Simple Mobile store. ... Would it help you to remember?
DB: A moment.
She brings up the death of her uncle as an excuse. She rubs her head, her face, while Brazil tries to find a specific passage in the transcript. She rests her head in her right hand, then leans back in the chair.
DB: Did you go to the Simple Mobile store some time on May 15th of last year?
LC: I know I went to the Simple Mobile store but I don't know the date.
DB: When you went to the store was it in 2012, correct?
DB: It was when you were involved with Bryan Barnes?
DB: It was a phone that Bryan Barnes gave you?
DB: Why did you take the phone to the store?
LC: To use it. I didn't have no phone.
DB: What did you want the person to do to the phone to help you to use it?
LC: To activate it.
DB: Did you ask him where he got that phone?
LC: He said he found it.
DB: What color was that phone?
LC: I don't remember
DB: Did you try to use the phone you took to the Simple Mobile store? .. What happened?
LC: It didn't work.
DB: When you took the phone you got from Bryan Barnes, did you have a conversation with him (the store owner?) abut buying that phone?
LC: Yes. ... But it wouldn't work with a Simple Mobile carrier.
DB: So did you take that phone back with you?
DB: Did you call the man back, that you were going to send your boyfriend back with the phone?
DB: You don't recall or you didn't? ... You didn't call or text? ... Which is it?
DB: Did you talk with Bryan Barnes about the man with (the?) Simple Mobile store?
JM: Did you tell Bryan Barnes about the man with Simple Mobile that he could take phones and activate them?
LC: Yes. ... No, that was the first time, he activated my phone.
DB: On a prior occasion?
DB: You had been there before?
LC: My mom paid her bill there.
DB: You took the phone to this man and he wasn't able to activate it?
DB: So you took the phone back with you?
DB: Sometime after that, did you have a conversation with Bryan Barnes about having the guy at Simple Mobile buy that phone?
DB: When you were dating Bryan Barnes, did you see him using a cell phone?
LC: His phone, yes.
DB: Describe that phone.
LC: A gray phone.
DB: Do you know what type of phone?
DB: Did Bryan Barnes give you a phone to use while you were dating him?
LC: I don't know which phone it was. It was a regular phone.
DB: Was it a Sprint phone?
DB: Did you see Bryan Barnes use a white phone while you were dating him?
DB: So you only remember Bryan Barnes only using a gray iPhone?
LC: It wasn't an iPhone. ... It was only one iPhone.
DB: What color was that?
LC: I don't know. ... I don't remember.
DB: Where did Bryan Barnes tell you he got that phone he took to Simple Mobile?
LC: He found it.
Things are going awfully slow with this witness. DDA Akemon is not here. I don't remember seeing him this morning.
DB: Ms. Collins, did you ever see Bryan Barnes with a white iPhone?
LC: I don't recall.
DB: I'd like to approach and ask her to read pages 71 and 71 of her recorded interview. ... Start reading on line 25 and down to the end of page 71. Let me know when you're finished reading.
Brazil is wearing a gorgeous, several stranded necklace with various pendant crystals. Her dress and matching jacket are grayish-black. Ms. D'Onofrio objects. "I don't see anything on those pages." Judge Marcus rules, "I will indicate that there is sufficient evidence to Green this witness. She has a considerate lack of memory and her answers are evasive."
I believe Judge Marcus ruled the witness "Green" because during examination, their under oath statements were inconsistent with prior statements to officers, and those prior statements can now come in as part of the court record. (If the legal eagles out there interpret the Calif. v. Green case differently, please let me know. Sprocket.)
There's a problem with the defense attorney's copy of the transcript. It might have been re paginated. DDA Brazil asks for a recess. Judge Marcus comments that it only costs about $10,000.00 to "run this." Since there is a break, the defendants are put back in the holding area.
During the break those of us in the media ask each other what it meant to "Green" the witness. I initially thought he said "glean." Pat Kelly from the Public Information office gets clarification for us. Judge Marcus is referring to California v. Green, a case that went all the way to the US Supreme court. I jokingly comment that ironically, it's a marijuana case. The break is over. People start to file back in and the defendants are brought back out.
Back on the record.
DB: Ms. Collins, what color was the iPhone that you took to Simple Mobile?
(MD:) Objection! Asked and answered.
JM: Over ruled!
LC: Can you repeat the question?
DB: What color was the iPhone that Bryan Barnes gave you that you took to Simple Mobile last year?
I miss her answer. Ms. Brazil asks, "Are you sure it wasn't black?" Collins mumbles something to herself that I miss hearing.
LC: Yes, it was black.
DB: So what color was the iPhone that Bryan Barnes gave you that you were going to have unlocked that you could use?
DB: Did Bryan Barnes tell you where he got it?
LC: He said he found it.
DB: Did he tell you where he found it?
DB: Did you ever use the black iPhone?
DB: And you told us that, Mr. Gonzales, the man at the Simple Mobile store wasn't able to activate that (phone) .... ?
DB: So you took that black iPhone back with you after you visited the store?
DB: Did you later have a conversation about the iPhone about selling it to Simple Mobile?
LC: The man asked if he could buy it but I said it wasn't mine.
DB: So while you were there he asked you?
DB: Then you have a conversation with Bryan Barnes about the man wanting... ?
LC: The man wanted to buy the phone but I told him it wasn't mine.
DB: Did you have a cell phone that you were using at the time?
DB: When you (took?) that iPhone to the Simple Mobile store, it was your belief that Bryan Barnes found it?
DB: What did Bryan Barnes say when you told him that the guy at the Simple Mobile store wanted to buy it? ...
LC: He said he wasn't going to sell it. ... When I told him about the phone....
DB: Let me ask again. ... It's okay. ... So you went home and you told Bryan that the man was interested in buying the phone, what did Bryan Barnes say?
LC: He didn't say anything. ... Nothing.
DB: Did you give Bryan the address and the name of the guy at the Simple Mobile store so Bryan Barnes could sell that phone?
DB: Did you ever see Bryan with a white iPhone when you were dating?
DB: Did you ever see Bryan Barnes using or speaking into the white iPhone?
LC: Not talking on the phone; just music.
DB: And you told us you also saw Bryan using a gray phone?
DB: Any other phones other than the white iPhone for music and the gray phone to speak into?
DB: Back on April 11th, what time do you estimate that Bryan Barnes came back to your house after he left with (Javier) Bolden?
LC: Like around two in the morning.
My eyes are drawn to the two glass jars of candies on the clerk's desk. One has chocolates and the other looks like it has large colorful gumdrops.
DB: Ms. Collins, to your knowledge did Bryan Barnes go back to the Simple Mobile store with the black iPhone?
DB: Do you remember when that was?
DB: Would it seem accurate to you that it was in May of last year?
DB: Did Bryan Barnes tell you he was going to sell the iPhone to the guy at the Simple Mobile (store)?
DB: Did you receive a phone call from the man at the Simple Mobile store, after Bryan Barnes went to sell the phone?
DB: Did the man call or text you after ...
(MD:) Objection! (?) ... Leading.
JM: Sustained on leading.
DB: At some point, after Bryan went to the Simple Mobile store, did you have a conversation with the man from Simple Mobile?
LC: Could you repeat that question please?
DB: After Bryan Barnes went to the Simple Mobile store, did you talk to the man from the Simple Mobile store?
LC: He texted ... and he got arrested.
(MD:) Objection! Hearsay. (I miss the ruling.)
DB: You heard from Mr. Gonzales after .... ?
DB: Did you see Bryan after he went to the Simple Mobile store?
LC: He just got out of jail.
MD: Objection! Non-responsive.
(Ms. Brazil or Judge Marcus adds that it's not for the truth of the matter.)
DB: When you saw Bryan next, was he at your house?
DB: Did he tell you where he'd been? ... Did he tell you he was arrested?
LC: They picked him up for a warrant or a train ticket, I don't know.
DB: At this point in time...
JS: Objection! Hearsay.
JM: Over ruled.
DB: After Bryan Barnes told you he had been arrested, did you go back with him to the 77 (Street) Station? ... What was the purpose to go back to the 77 Station?
LC: To get his property.
DB: To get what they had taken when they arrested him? ... At this point in time, did you have a conversation with Bryan Barnes about the black cell phone?
Defense: Objection! Time. What time?
JM: Over ruled.
DB: Did you understand that question?
LC: Can you repeat it?
DB: After the 77 Station, ... did you talk to him again?
LC: I asked him what was going on.
DB: What did he say?
LC: Nothing. ... I wanted to know why we were here and why he was arrested.
DB: Did he tell you a different story?
LC: Yes. ... He robbed somebody.
DB: Did he tell you that's where he got that black iPhone?
DB: What do you mean after?
LC: After the fact.
DB: When he told you he robbed someone, ... talking about the black iPhone?
LC: I believe so, yes.
DB: Did he tell you he was with anyone when he robbed the black iPhone?
DB: Did Bryan Barnes tell you anything else happened when he robbed someone with the black iPhone?
LC: Repeat the question please.
DB:Did Bryan (Barnes) tell you anything else happened when he robbed the black iPhone?
LC:That he robbed somebody and he might have shot somebody.
DB: Did he tell you he was with somebody when he might have robbed somebody and shot someone?
Brazil asks for a moment to find a point in a transcript.
DB: Ms. Collins, where you interviewed by Detective Carreon on May 18th? ... And when you were interviewed, you were asked a question ... on Page 37, line 26.
Brazil continues, reading from the transcript.
Question: So who was he with that night?DB: Do you recall telling the detective (that?)?
Answer: I believe Javier.
Question: You believe or you know?
Answer: That's what he said.
DB: So when Bryan Barnes told you he robbed and may have shot someone, he told you he was with Javier Bolden didn't he?
The witness sighs heavily on the stand, then rubs her forehead. Barnes looks down at the defense table. His right elbow is on the arm of the chair and his chin is resting in his right hand.
DB: Have you seen Bryan Barnes with a gun before you were involved with ... your relationship with him?
DB: When you were interviewed by Detective Carreon on (?) 2012, did you tell him that you saw Bryan with a gun when he was staying with his Mom on (?) street?
JM: Is there a page number for that?
DB: I'm sorry, page 74, starting on line 1.
Part of the transcript is read to the witness where she answers the detective's questions. Collins states she saw a black gun in Barnes' backpack, which was also black. This was when he was still staying with his mother. She doesn't recall any markings or logos on the backpack. She states she did not see Barnes with a gun any other time while they were dating. She holds her hand over her face. Brazil reads from more of the transcript of her interview with Detective Carreon.
DB: Do you remember telling Detective Carreon that you saw Bryan Barnes with a gun at your house?
DB: What was he doing with a gun when he had it at your house? ... Describe for me where you saw it?
LC: In the backpack.
DB: Was this before Bryan Barnes sold the iPhone?
LC: Can you repeat it?
DB: Did you see the gun before Bryan tried to sell that black iPhone to the guy at Simple Mobile?
LC: It was way before that.
DB: When you saw Bryan with the gun at your house did you say anything about it?
LC: That it couldn't be there.
I believe Collins also testifies that Barnes replied "Okay." She's asked about the weapon again.
LC: I don't know too much about it. ... It was black.
DB: Ms. Collins, about how many times do you estimate ... you saw Bryan and Javier together during the time you were dating Bryan? .... Estimate how many times?
LC: They were together often. They were friends.
DB: So they were together often?
DB: Did you ever see Javier Bolden with a gun?
The witness rubs her face again.
DB: The black backpack that Bryan had the gun in, did he carry that backpack with him a lot?
LC: Not really.
DB: When Bryan told you that he robbed someone and that's how he got the black iPhone, did he give you any more details about that event?
LC: (Could you?) repeat it?
DB: You said that Bryan told you that he robbed someone for it, correct?
DB: Did he tell you where that happened?
DB: Did he describe or give you any details about that robbery?
DB: Did he give you any details about shooting the person when he took that iPhone?
LC: That he shot somebody.
DB: And he also told you that Javier Bolden was with him?
JM: Over ruled.
Brazil asks for a moment.
DB: When Bryan Barnes was staying at your house, did he have a car?
DB: Did you ever see Javier Bolden drive a car?
LC: They catch the bus or they got a ride.
DB: Did you ever see Bryan ever get into a particular kind of car .... ?
DB: Did you ever see Javier drive a car when he went to your house?
DB: Did Javier Bolden ever stay at your house?
DB: Did Bryan Barnes tell you whether or not he sold the iPhone at Simple Mobile?
DB: What did he tell you? ... Did he ever tell you what he sold the phone for?
LC: I think it was about one hundred dollars.
DB: Are you unsure about the amount of money?
DB: Nothing further.
Ms. D'Onofrio gets up to cross the witness first.
MD: I'd like to ask you a couple of questions ... Follow up questions from yesterday. When did you first meet Bryan if you recall?
LC: In February.
MD: You didn't meet him in June 2011 at school?
LC: We wasn't going out at that time.
MD: Did you tell Detective Carreon ....
I believe there might be an objection here.
JM: That's where we get into trouble, when you paraphrase. We need the page and line numbers.
Ms. D'Onofrio searches for the page and line number. There appears to be a problem with the paginating of the different copies of the transcript. DDA Akemon enters at 10:44 AM. Bolden's defense attorney Jana Seng gets up to point something out to Ms. D'Onofrio.
MD: Ms. Collins, prior to testifying today, prior to your testimony yesterday, did you meet and speak with Ms. Brazil in this case? ... Do you remember when you met and spoke with her in relation to yesterday's date?
LC: Can you repeat this?
MD: When you met (with) Ms. Brazil?
LC: I met her a couple days before I had to come to court.
MD: So about a week ago?
LC: I had to come to court on the 25th. I spoke to her a few days before on the 25th.
MD: Was that by phone or in person?
LC: In person.
MD: Where did that conversation occur?
LC: At the 77 Station.
MD: Was anyone there besides her?
LC: The detective.
Ms. Collins points to one of the detectives.
LC: There was one other guy.
MD: An officer?
LC: I think it was an officer.
I believe Ms. Brazil whispers that it was DDA Akemon.
MD: Could it have been her co counsel?
Ms. Collins states the interview was about 15 minutes.
MD: During the course of that interview, were you asked to review that transcript?
LC: I went over it.
MD: You went over it during that 15 minutes?
MD: Prior to that interview, did you review that transcript before you actually spoke to her?
There are more questions about who set up the interview and who spoke to her.
MD: Who was the person who was speaking to you the most?
LC: Ms. Brazil.
MD: Before she started (questioning?) you, you had not read the transcript, correct?
DB: Was she asking you about the things, the iPhone for example?
I miss her answer.
MD: Answer my question first. ... Did she ask you specifically ... iPhones, the phones we were talking about today?
DB: Did she ask you about when you first saw those iPhones?
DB: Did she ask you about when you first saw those iPhones?
MD: Did she ask you about your trying to get that iPhone hooked up with the gentleman at the Simple Mobile Store?
MD: did she ask you about what you learned about that phone?
MD: Did she ask you about what Bryan had told you about that phone?
MD: Did ... what was that conversation about when .... ?
LC: She gave me the paperwork and she just said that I will have to ask questions. ... Just be honest; just tell the truth.
MD: Just so I understand, this person with the Simple Mobile store, do you know him by name?
MD: You don't know him by Mike?
LC: His name's Mike.
MD: Do you know his last name?
LC: No, I know him as Mike.
MD: After your meeting, you got a copy of the transcript. ... When in relation to receiving it did you read it?
LC: Like a day ago.
MD: Like yesterday?
MD: When you read it did you make any notes in that transcript that were confusing to you or you (?) were inaccurate?
LC: I didn't make any notes.
MD: Did you have the opportunity to watch that interview?
LC: I just know it was recorded. I just watched the video tape.
MD: You remember that date? ... Because you were arrested on that date as well? ... So, any time between the 22nd or the 23rd, when you met with Ms. Brazil, did you speak to anyone else about this case? ... Prior to testifying, did you speak to anyone about testifying?
MD: How did you get to court today?
An officer in the well of the court holds up his hand, identifying he brought Ms. Collins to court.
MD: When you came to court yesterday, how did you get to court?
LC: My mother.
MD: Did you talk to Mr. Carreon yesterday?
LC: No. ... He just asked me if I'm okay.
MD: No question about what your testimony in court ...
MD: No questions during the drive to court?
MD: Did you bring that transcript that you were provided by Ms. Brazil to court?
MD: Did you review it before testifying?
MD: You indicated that at some point Bryan told you that he found an iPhone, correct?
MD: Now, today, when you were first asked to describe the color of the iPhone, you said that you couldn't remember the color?
MD: You took a break and then you testified again and recalled that it was black. What refreshed your memory about that? ... What made you recall the color of the phone when you came back the second time?
LC: Can you rephrase?
MD: Let me bring you back a little bit. ... Ms. Brazil asked you several times this morning about an iPhone that Bryan said he found?
MD: And you said a number of times you couldn't remember the color, is that correct?
MD: She asked you about a white phone?
MD: Then we took a break, remember ... remember?
MD: Then we came back and Ms. Brazil asked you if you could remember and you said it was black. What made you remember the color of the phone?
LC: Because I remembered that Bryan was using a white phone and I remembered I was using a black one.
MD: Are you saying that all of a sudden you remembered the phones ... ? ... Want me to repeat the question for you?
JM: No editorializing counsel.
MD: Did you read anything or were you told anything that assisted you in remembering the color of the phone?
MD: So then again, I'll ask you how (is it?) you went from I don't remember to remembering?
LC: Because she asked me about the white phone so I remembered that I was using the black phone.
MD: She asked you about the white phone after the break?
I can't keep up. The intense cross back and forth, the questions are rapid fire and my fingers are feeling like mush. Judge Marcus interrupts, and I believe asks a few questions of his own.
MD: When did Bryan tell you that he found this black iPhone? When ... ?
LC: He told me when I saw the iPhone and asked him where he got it from.
D'Onofrio asks a question about when that was in relation to April 11th. She saw the black iPhone in the morning of April 11th.
MD: Did you ask him at that point how he found it? ... Did it look like a brand new phone to you?
LC: It just looked like a regular phone.
MD: Did you know that iPhone was expensive?
I miss a few questions and answers. D'Onofrio asks for what reason did she go to the Simple Mobile store before.
LC: To pay a bill.
MD: Did you suggest to Bryan Barnes to take the phone to Mike, to assist in figuring out who that phone might belong to?
MD: Then you said that, at some point ....
I believe Collins interrupts her but I miss the statement.
MD: Let me just ask you.
LC: Your question gets confusing.
There are more questions about the phones and when Barnes had them.
MD: Did you tell Mike you found this phone and you wanted to use it?
MD: So if I understand your testimony, the very first time he told you about the robbery, ... shooting, was after he was arrested on the warrants?
LC: Pardon me.
Ms. D'Onofrio repeats the question. Collins states he told her after he went to the station, to pick up his property, about the shooting.
MD: When did Bryan tell you that he stole this phone, robbed and shot someone?
LC: The exact date, I don't know. ... He told me after he left the police station.
MD: And would that be approximately May 15th do you recall? ... On May 18th you were arrested?
MD: Can you tell me about how many days (after?) did he tell you about the shooting?
LC: About two days.
MD: The reason he told you was because you kept pressuring or asking him about the phones, wasn't it?
MD: When you were at the police station with Bryan?
MD: Did you wait in the lobby?
MD: Did someone come out to you, Detective Carreon, and ask you for your name and address?
MD: And you gave it to him?
D'Onofrio asks Collins where exactly the conversation took place, when Bryan told her about the robbery/shooting.
LC: I don't remember where it took place. ... I know it was after the police station.
MD: Do you remember how long that conversation occurred for ... ?
LC: Not long.
MD: Did you ever say to Bryan, 'You don't find a phone like this Bryan?'
(Unknown) Objection! Relevance.
MD: Your honor, I'm asking a questionm then I will go to the transcript.
Barnes nervously bounces his left leg, then fiddles with his handcuffs. Bolden is sitting with his back directly towards me so I rarely see his face. I can see that he's flipping through some pages in front of him, possibly a transcript.
JM: How about page 17? There's some stuff on page 17.
MD: ... After Bryan told you where he said he got these phones from, did you at that point..
AG: Objection to "phones."
MD: I'll rephrase. When after Bryan told you, after he got the black iPhone, when he was leaving the station trying to get his property, after he told you that, did you make any effort to contact any detective about that?
MD: Did you tell your mother?
MD: You recall being arrested on May 18th?
MD: And you were arrested at your home?
MD: You were told that you were going to be brought to the station?
LC: They said to face the wall.
MD: Do you remember the station you were brought to?
MD: Were you put in a cell alone?
LC: It was a holding tank, yes.
MD: Were you arrested in the morning? ... You were taken to a room?
D'Onofrio asks her which detectives were in the room with her. She points to Detective Carreon.
LC: And I know it was two for sure.
MD: Prior to being taken to that room to interview you, did any police officer talk to you about why you were there?
LC: They just said about the phone.
I believe Collins points to Detective Carreon as the officer who told her it was about the phone.
MD: You're saying that you spoke to (a?) detective before the interview?
LC: No, I didn't speak to anyone before they put me in the holding (area? cell?).
D'Onofrio asks if there was a clock anywhere, what time it was when she went to speak to the officer, and to estimate how many hours she waited to speak to the officers.
LC: A long time.
MD: Did anyone tell you it was two hours or so?
LC: It was pretty long.
Judge Marcus calls for a break. He wants to get a waiver on the record now for the defendants. He wants to find out if they will waive their right to a continuous prelim. Judge Marcus tells the parties that he has a commitment on Friday morning and he wants to make sure that, if the prelim goes longer than expected, the defendants will allow this Friday morning interruption to their prelim. He asks both defendants counsel to talk to their clients about that. Court will resume at 11:30 AM. The pretty young reporter sitting on the bench to my left is Jill, working for the LA Times.
The defendants are brought back out. Latiana Collins retakes the stand.
MD: When Bryan told you when he found this gun ...?
JM: Did you misspeak? Did you mean the iPhone?
MD: He told you he found it on April 11th in the early morning hours?
MD: How many times did you ask him? How many times did he tell you? Did he tell you that he found the phone...
(Unknown) Objection! Compound.
MD: How many times did you ask him about finding this phone?
LC: More than once.
MD: Why? Where you suspicious?
LC: No, I just wanted to know where he found it.
MD: It never crossed your mind that he may not have found that phone?
MD: Never crossed your mind that phone might have been stolen?
MD: When you were at the police station on May 18th, and the police officer brought you into the room ... speaking to them ...
LC: The interview room?
MD: The two detectives, before you went to the room to speak to (them?), and you were sitting there in the holding cell, did you wonder what they were going to ask you about?
MD: Did you think it had to do with the black iPhone?
MD: Were you thinking about what you were going to say?
LC: I just wanted to go home.
MD: So the only thing you were thinking about in the holding cell for those couple of hours, the only thing you were thinking about was you wanted to go home?
MD: Did you tell them right from the beginning what Bryan told you about that iPhone?
MD: In the beginning, did you tell them that Bryan told you that he found that phone?
MD: And in the beginning of that interview, did you tell the police you didn't know more than that?
MD: ... Or are you remembering this from your own independent memory (or the?) transcript?
MD: Set your mind away from the transcript for a moment.
MD: The police officer told you they think you know more?
MD: And, in the back of your mind you wanted to go home?
MD: Then you started telling the police more?
MD: Do you remember how far into your interview with police when you decided to tell more?
LC: After I was sitting there for hours.
MD: In the interview for hours?
MD: Now, when you were talking to police and then you told them more, correct?
MD: You thought Bryan told you that he robbed (?) or something like that?
MD: And you didn't tell them about the shooting right away did you?
MD: And they kept asking you, and then eventually you told them about Bryan saying something about shooting somebody?
MD: In between this long conversation with detectives, you kept asking them if you could go home?
LC: Yes. ... They were going to charge me with second degree murder.
MD: And they said you would never go home?
MD: ... they said that to you in the interview?
Collins starts to cry on the stand. She wipes her eyes with a tissue.
MD: You asked police, you told them ... you begged them, 'Tell me what you want to hear."?
MD: So when you made these statements to police about what you say Bryan said to you, you said that because the police were threatening to charge you?
LC: I was scared. .. They said I was never going home. ... I had never been in jail before.
MD: But the reason you said these things was because you wanted to get out?
Judge Marcus passes Collins more tissues. D'Onofrio is finished and Jena Seng, Bolden's attorney gets up to cross.
JS: You're pretty emotional at this point in time. ... You became emotional when ...
Seng asks if Collins became emotional because questions were asked about the detective said, when Collins thought she wasn't going home. Collins states she's scared. Seng asks if she was taken in handcuffs.
JS: You'd never been in trouble (before?)?
JS: You'd never been arrested before?
JS: And you knew that detectives wanted information from you
LC: I told them that I didn't know nothing.
JS: They told you some information about a shooting occurred? ... They told you some information about a shooing?
JS: That was something you didn't know before?
JS: They wanted information about you from the shooting?
A sheriff approaches Bolden from behind and leans in to whisper to him.
JS: At some (point? portion?) of the interview, you told them you assumed (?) was true but you didn't know for a fact?
JS: The detectives kept telling ... repeating to you the dates of April 11th, correct?
JS: They really wanted you to remember that date?
JS: But you didn't really know what happened on that date, that's correct?
JS: ... As some point in April, Mr. Barnes starts moving his stuff into your house, would you considered that time, (when?) you started dating him?
LC: We were good friends, dating, yes.
JS: When he first move stuff into your house you started dating?
JS: Back to the time you observed Barnes leave your house around night time and come back around early morning... you didn't know what date that was did you?
JS: You were confused what day of the week that was?
JS: It could have been a Tuesday or Wednesday?
The witness sniffles.
JS: When Mr. Barnes left the house, you did not see him go out in the street?
LC: No. I stayed in the house.
JS: You didn't look out?
JS: You didn't look out the window or (see?) which car he got into?
JS: But you do remember he left wearing a sweater?
LC: He always wears sweaters. He's cold.
JS: You also told (Detective Carreon) Mr. Barnes talked to you about how he got this iPhone, is that right?
JS: But he did not tell you when he did that?
LC: (I don't know.)
JS: He did not tell you where, did he?
JS: He didn't tell you who the victims were did he?
Ms. Seng asks if Barnes' exact words were, "I think I shot somebody," and Collins replies, "Yes."
JS: He didn't think he killed anybody?
Unknown: Objection! Cause for speculation. (I miss the ruling.)
JS: He never said killed anybody did he?
Ms. Seng asks Collins to draw her attention to Javier Bolden, and previous statements she's made about him. That she's known him for a little bit of time when dating Mr. Barnes. Collins agrees. Seng verifies that Collins said that Barnes and Bolden were always together when they went somewhere. Collins agrees.
JS: You personally don't like Mr. Bolden?
LC: He's whatever. He's okay.
Unknown: Objection! Page please.
JS: You told detectives you didn't like him didn't you?
Unknown: Line, page please.
(JS?) Page 40, line 18.
JS: (Do you) recall being asked this question by Detective Carreon about Javier Bolden?
Question: I mean, is it pretty well known that you don't like him?JS: You recall giving that answer?
Your Answer: Yeah.
JS: It's pretty clear you don't like him, that was in reference to Javier Bolden?
JS: And you don't like him?
I believe Seng goes over more of her interview with the detectives.
JS: You remember being asked that question and giving that answer correct?
JS: And that's not the only portion that ... you said throughout the interview that you don't like Mr. Bolden.
JS: I'll move on. ... During the time that you saw or had been dating Mr. Barnes and had known Mr. Bolden, you had never seen them in a red car had you?
JS: Prior to your testifying in court you were given immunity by the prosecution?
DB: Objection! Approach?
I believe there is a side bar at the bench.
JM: Strike the last question and any question about immunity.
Ms. Seng talks so fast, it was difficult to keep up with her. I believe her last question before ending was, if Collins had ever seen Barnes and Bolden in a red car. Ms. Brazil gets up to redirect her witness.
DB: Ms. Collins, when you were interviewed by Detective Carreon at the 77th Police Station when you were arrested, you told us you were scared, correct?
DB: When you testified about that today you even started crying?
DB: Did you tell Detective Carreon the truth in that interview?
LC: I was scared. I don't know.
DB: Did ... Ms. Collins, were you lying?
LC: I don't know. I was scared.
DB: Have you been telling the truth here today?
LC: Yes. ... I'm scared. I don't want to be sitting here.
DB: Does your fear have anything to do with testifying in front of Bryan Barnes?
DB: He told you that he robbed someone and that's how he got the iPhone?
There's an objection about the specific wording of Ms. Brazil's last question.
DB: Bryan Barnes told you that he robbed someone and that's how he got that black iPhone?
DB: And he also told you that he shot someone?
I believe Ms. Collins or possibly Judge Marcus corrects Ms. Brazil. "That he think. ... That he think." That he think he shot someone.
DB: When you were testifying, were you trying to protect Bryan Barnes?
DB: When you spoke to Detective Carreon, he told you to tell the truth?
LC: Yes, but he also said ... (pause)
DB: Did Detective Carreon during the interview tell .... that he wanted you to tell the truth?
DB: When defense counsel for Mr. Bolden was questioning you, she asked you about your confusion about the date of April 11th, do you recall that?
DB: And the date of April 11th, during the conversation with detectives was significant to you because you told detectives that was the date, April 11th, Mr. Barnes asked you if you wanted to be his girlfriend?
JM: Is that in the transcript? ... The trouble I'm having ... the horse is already out of the barn. ... I can't find it leading at this point.
The page number and line is asked for in the transcript. Ms. Brazil reads from the specific area of the transcript. Collins verifies those were her answers. She verifies that the April 11th date was the day that she and Barnes started going together. She verifies that was a date she remembered vividly.
Judge Marcus calls for the lunch break. He asks defense counsel if they are going to waive the continuous prelim. Mr. Goldman hasn't asked his client yet.
I'm inside Dept. 102. Ms. Collins is sitting with her mother and an older gentleman on the short benches by the bailiff's desk. They are chatting with Collins' court appointed attorney. DDA Akemon has joined us for the afternoon session. More people enter the gallery and sit in the front row. The prosecution's next witnesses are brought in and ordered back on specific dates. After the witnesses leave the courtroom, the defendant's are brought out. Judge Marcus starts the proceedings and then realizes, "Oops. We're missing one defendant." The second defendant is then brought out. Ms. Collins continues her redirect testimony.
DB: At any time you've had a conversation with me, have I ever told you what to testify to?
DB: When you were at the 77th Police Station, with defendant Bryan Barnes, after he had been released from jail, you said you spoke with (Detective Carreon?) and gave him your address and phone number?
DB: Did you give him your true name and address?
Ms. D'Onofrio recrosses the witness.
MD: Ms. Collins, during the lunch break, did you spend any time talking to Ms. Brazil?
MD: Any time at all?
LC: She just asked me if I had a way home.
MD: Did you talk to Detective Carreon?
LC: He just brought me lunch.
MD: Did he have lunch with you?
MD: Did you talk to your attorney or your family?
LC: Not about the case.
MD: You mentioned April 11th was a significant date because that's the date that Bryan Barnes asked you to be his girlfriend, or something like that?
Ms. D'Onofrio informs the court Page 10 of the transcript, line 18. She quotes from the transcript, focusing on questions Ms. Collins was asked by detectives about the date, April 11th, and her answers. Ms. Collins doesn't recall mentioning a birthday. There's a question as to whether or not she saw Barnes on April 11th.
MD: You said earlier you recalled Bryan coming home around 2 AM. ... Does he go to a lot of parties?
MD: Does he come home often like that?
MD: If he's been to a party, he ... came home like that?
Collins states she doesn't remember the dates.
MD: Are you guessing or do you know for a fact he came home around 2 AM?
LC: I said that was an estimate.
MD: But you're certain that it's April 11th?
MD: One hundred percent?
MD: Ms. Brazil asked you to tell the truth?
MD: You (made?) ... something where you said, "I don't know what you're saying?"
MD: When you came here, did you think you could say anything different?
MD: You knew that you had to stick to what you said in that transcript, or you knew that you would be in trouble?
JM: She's asking you, specifically in respect to the iPhone ... being a robbery.
MD: Let me rephrase. .. The specific statements that you made that Bryan said that he stole the iPhone and shot someone?
LC: I'm confused. ... could you repeat it?
MD: Was it true or not true what you told Detective Carreon on May 18th about the iPhone? ... Was it the full truth?
LC: I was scared. I don't know.
JM: Do you understand the questions you're being asked?
I believe she answered, "Yes." Ms. D'Onofrio's cross is finished and Ms. Seng steps up to recross.
JS: Ms. Collins, isn't it true that you're scared? ... That you don't want to go back to jail?
JS: Is it true that you have to stick to the testimony of your interviews?
JS: You're scared that the detectives threatened you with second degree murder?
DB: Objection! Misstates the evidence.
JM: Over ruled!
JS: And that's why you're scared today?
Ms. Seng asks Collins if the date Barnes actually moved into her home is April 5th. Collins replies, "Yes." Seng is finished and Brazil redirects her witness again.
DB: Did anyone ever tell you that you must stick to the statements you made on April 18th?
DB: So when defense counsel asked you if you had to stick to the script, to stick to what you said in the interview, that's not correct is it?
Defense: Objection. Lacks foundation.
DB: I can rephrase. .. Ms. Collins, the defense attorney asked you several questions about how you feel you must testify today. ... When you testified in court today, did you tell the truth?
DB: Did you understand that you raised your hand and swore to tell the truth? ... And everything you testified today, has that been the truth to the best of your recollection?
DB: Did a detective, or me, or anyone else coach you to tell you what to say in court?
DB: On May 18th, 2012, you told Detective Carreon ... Bryan Barnes, your boyfriend at the time, that he robbed or (stole?) someone?
AG: Objection! Leading.
Defense: Objection. Asked and answered.
JM: Eventually this ping pong is going to stop.
DB: With respect, the defense counsel just asked....
JM: I know she did.
It's either Ms. Brazil or Judge Marcus who asks the last question before the witness is excused.
Question: When they questioned you on May 18th, when you told Detective Carreon that your boyfriend told you that he stole an iPhone and shot someone, was that the truth?
To be continued in Day 2, Part III.....