kevincooperorg.files.wordpress.com · iv inile~ of: exhibits f , •• i iced. in ~l1:d. 31 8 x 10...

THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff-Respondent,
VS.
FROM SAN DIEGO COUNTY
----------------------------------) San Diego County Superior Court Case No. CR 72787
REPORTERS' T~S~T
VOLUME ~ October 24, 1984, Pages 2354 through 2493 October 25, 1984, Pages 2494 through 2611
lo.PPEARANCES:
For the Plaintiff and Respondent:
For the Defendant and Appellant:
JOHN K. VAN DE KAMP Attorney General State of California 110 West -A- Street San Diego, Ca. 92101
IN PROPRIA PERSONA
ROBERT L. ROACH, CSR 11121 DONNA D. BEARD, CSR 11814 Official Reporters San Diego County Superior Court 220 West Broadway San Diego, California 92101
,-, U , , .-:--, , o J
Plaintiff-Respondent,
VS.
FROM SAN DIEGO COUNTY
-----------------------------------) San Diego County Superior Court Case No. CR 72787
REPORTERS' T~S~T
VOLUME ~ October 24, 1984, Pages 2354 through 2493 October 25, 1984, Pages 2494 through 2611
lo.PPEARANCES:
For the Plaintiff and Respondent:
For the Defendant and Appellant:
JOHN K. VAN DE KAMP Attorney General State of California 110 West -A- Street San Diego, Ca. 92101
IN PROPRIA PERSONA
ROBERT L. ROACH, CSR 11121 DONNA D. BEARD, CSR 11814 Official Reporters San Diego County Superior Court 220 West Broadway San Diego, California 92101
,-, U , , .-:--, , o J
IN AND FOR THE COUNTY OF SAN DIEGO
~ ..... ;,;.:.:;. f ..
Plaintiff,
vs.
For the People: DENNIS KOTTMEIER District Attorney
For the Defendant:
WITH: JOHN P. KOCHIS Deputy District Attorney 1540 Mountain Avenue Ontario, California 91762
DAVID L. McKENNA Public Defender BY: DAVID E. NEGUS Deputy Public Defender 1060 West Sixth Street Ontario, California 91762
ROBERT L. ROACH, CSR 11727 DONNA D. BEARD, CSR 11874 Official Reporters
COHPUTERIZED TRANSCRIPT
IN AND FOR THE COUNTY OF SAN DIEGO
~ ..... ;,;.:.:;. f ..
Plaintiff,
vs.
For the People: DENNIS KOTTMEIER District Attorney
For the Defendant:
WITH: JOHN P. KOCHIS Deputy District Attorney 1540 Mountain Avenue Ontario, California 91762
DAVID L. McKENNA Public Defender BY: DAVID E. NEGUS Deputy Public Defender 1060 West Sixth Street Ontario, California 91762
ROBERT L. ROACH, CSR 11727 DONNA D. BEARD, CSR 11874 Official Reporters
FLETCHER r Gary Earl (l-~r. Kochis) (Mr. Negus)
ROJO, Ernest O~r. Kochis) (Mr. Negus)
ROBERTS r Billy Ray (Mr. Kochis) (Mr. Negus)
ARJO r Rayr,ond Louis (Mr. Kochis) (Mr. Negus)
SMITH r Donald Edwin nir. Kochis) Uir. Negus)
INDEX OF WITNESSES
L
3 f-·
FLETCHER r Gary Earl (l-~r. Kochis) (Mr. Negus)
ROJO, Ernest O~r. Kochis) (Mr. Negus)
ROBERTS r Billy Ray (Mr. Kochis) (Mr. Negus)
ARJO r Rayr,ond Louis (Mr. Kochis) (Mr. Negus)
INDEX OF WITNESSES
~p;-;~~;~ Iv} --~-;7--~~~!~-~O/lt ~ ...------
6 f --.•
Plastic Overlay for Exhibit No. 1
Transparency, 40 x 60 Of Aerial
5' x 3' Color Photo Aerial, Chino Hills Area
5' x 3' Color Photo Ryen home, 2991 ReSidence, Lease Ranch
5' x 3' Color Photo Ryen home, 2991 Residence
40· x 60· Diagram, 2991 Residence
40· x 60· Diagram, Murder Scene, Ryen home
Medical Chronological Dated 5-3-83
Y.edical Chronological Dated 5-12-83
Bed Card, Trautman
Daily Housing Record Dated 6-1-83, Five Pages
Daily Housing Record Dated 6-2-83, Four Pages
Iden.
2343
2343
2395
2345
2347
2348
2356
2356
2356
2386
6 f --.•
Plastic Overlay for Exhibit No. 1
Transparency, 40 x 60 Of Aerial
5' x 3' Color Photo Aerial, Chino Hills Area
5' x 3' Color Photo Ryen home, 2991 ReSidence, Lease Ranch
5' x 3' Color Photo Ryen home, 2991 Residence
40· x 60· Diagram, 2991 Residence
40· x 60· Diagram, Murder Scene, Ryen home
Y.edical Chronological Dated 5-12-83
Bed Card, Trautman
Daily Housing Record Dated 6-1-83, Five Pages
Daily Housing Record Dated 6-2-83, Four Pages
Iden.
2343
2343
2395
2345
2347
2348
2356
2356
2356
2386
INOEX or EXHIBI:I:S f-'
Ig~n. 16 Contract-Canvas Shoes
17 Contract-Purchase Order & and Stock Receipt Reports, (Pro Reds), Seven Pages
18 3 x 5 Color Photo, 2393 Intersection Ramona & Edison
19 3 x 5 Color Photo 2393 Edison Looking East
20 3 x 5 Color Photo 2393 Edison Looking West
22 3 x 5 Color Photo, Edison Looking South
~'.
24 3 x 5 Color Photo, 2401 Ramona Looking North
25 3 x 5 Color Photo, 2399 Looking East, CIM North Fence
26 3 x 5 Color Photo, 2402 Looking South, CIM North Fence
27 3 x 5 Color Photo, Ramona Looking North
28 8 x 10 Color Photo, 2378 View North to North Fence
29 8 x 10 Color Photo, 2400 North Fence Showing Patch
30 8 x 10 Color Photo, 2540 View Looking North at Edison Plant
',,- .r__-
INOEX or EXHIBI:I:S f-'
Ig~n. 16 Contract-Canvas Shoes
17 Contract-Purchase Order & and Stock Receipt Reports, (Pro Reds), Seven Pages
18 3 x 5 Color Photo, 2393 Intersection Ramona & Edison
19 3 x 5 Color Photo 2393 Edison Looking East
22 3 x 5 Color Photo, Edison Looking South
~'.
24 3 x 5 Color Photo, 2401 Ramona Looking North
25 3 x 5 Color Photo, 2399 Looking East, CIM North Fence
26 3 x 5 Color Photo, 2402 Looking South, CIM North Fence
27 3 x 5 Color Photo, Ramona Looking North
28 8 x 10 Color Photo, 2378 View North to North Fence
29 8 x 10 Color Photo, 2400 North Fence Showing Patch
30 8 x 10 Color Photo, 2540 View Looking North at Edison Plant
',,- .r__-
iv
INIlE~ Of: EXHIBITS f , ••
i IceD. In ~l1:d.
31 8 x 10 Color Photo, 2384 2483 Cedar Hall, CIM
32 8 x 10 Color Photo, 2455 2483 Peoples Photo, Pro Keds Storeroom, CIM Gym
J 33 8 x 10 Color Photo, 2455 2483 t
Closeup, Pro Keds Storeroom,
L:::-~,:c CIM Gym
34 8 x 10 Color Photo, 2455 2483 Pro Keds Storeroom, CIM Gym, In And Out Of Box
35 8 x 10 Color Photo, 2455 2483 Equipment Room, CIM Gym
36 8 x 10 Color Photo, 2455 2483 ~, Equipment Room Closeup,
Tennis Shoes, CIM Gym
38 One Pro Ked 2456 rl U
39 Tennis Show Impression, , Pro Ked, Zerox Copy
40 16 x 20 Color Photo of ,
Ryen Family ,- 41 10 x 16 Color Photo of :t Chris Hughes
42 Hatchet and Brown Bag ,-, and Clear Plastic Bag 0
43 Hatchet Sheath 1-' 44 16 x 20 Color Photo '-' of 2991 Old English
Road Closet .1-' 45 16 x 20 Color Photo U
of 2991 Old English Road Closet
46 8 x 10 Color Photo of ------- '. Ryen Car
COMPUTERIZED TRANSCRIPT
Iden. In Evd.
31 8 x 10 Color Photo, 2384 2483 Cedar Hall, CIM
32 8 x 10 Color Photo, 2455 2483 Peoples Photo, Pro Keds Storeroom, CIM Gym
J 33 8 x 10 Color Photo, 2455 2483 t
Closeup, Pro Keds Storeroom, L:,c CIM Gym
34 8 x 10 Color Photo, 2455 2483 Pro Keds Storeroom, CIM Gym, In And Out Of Box
35 8 x 10 Color Photo, 2455 2483 Equipment Room, CIM Gym
36 8 x 10 Color Photo, 2455 2483 ~, Equipment Room Closeup,
Tennis Shoes, CIM Gym
38 One Pro Ked 2456 rl U
39 Tennis Show Impression, , Pro Ked, Zerox Copy
40 16 x 20 Color Photo of ,
Ryen Family ,- 41 10 x 16 Color Photo of :t Chris Hughes
42 Hatchet and Brown Bag ,-, and Clear Plastic Bag 0
43 Hatchet Sheath 1-' 44 16 x 20 Color Photo '-' of 2991 Old English
Road Closet .1-' 45 16 x 20 Color Photo U
of 2991 Old English Road Closet
46 8 x 10 Color Photo of ------- '. Ryen Car
48 8 x 10 Color Photo (Lang) Costa Rica Shirt
49 8 x 10 Color Photo of 2991 Old English Road Closet
50
51
52
53
54
55
55-A
55-B
56
57
58
8 x 10 Color Photo of Hatchet Sheath and Carpet at 2991 Old English Road
Pro Keds Box with Two Shoes, 10 1/2
Tennis Shoe Impression, Converse, Xerox Copy
CIM Camp Jacket
CIM Camp Jacket
Transparency for Diagram, Chino Prison
Tansparency for Diagram, Chino Prison
CIM Camp Jacket
Movement History Summary, 7-30-83
I ,
48 8 x 10 Color Photo (Lang) Costa Rica Shirt
49 8 x 10 Color Photo of 2991 Old English Road Closet
50
51
52
53
54
55
55-A
55-B
56
57
58
8 x 10 Color Photo of Hatchet Sheath and Carpet at 2991 Old English Road
Pro Keds Box with Two Shoes, 10 1/2
Tennis Shoe Impression, Converse, Xerox Copy
CIM Camp Jacket
CIM Camp Jacket
Transparency for Diagram, Chino Prison
Tansparency for Diagram, Chino Prison
CIM Camp Jacket
Movement History Summary, 7-30-83
I ,
--00000--
alternates, defendant, counsel appear to be present.
Who will be our next witness to be sworn?
MR. KOCHIS: Dr. Bailey, your Honor.
THE COURT: Come forward, please.
THE CLERK: Would you raise your right hand.
DONALD E. BAILEY,
called as a witness on behalf of the People, having been duly
sworn, testified as follows:
THE CLERK: Thank you. Would you have a seat in the
witness stand. Would you state your full name for the record?
THE WITNESS: First name is Donald, D-o-n-a-I-d, middle
initial E., last name is Bailey, B-a-i-I-e-y.
THE CLERK: Thank you.
THE COURT: Mr. Kochis.
medicine in the State of California?
A. That's correct.
O. How long have you been licensed as a physician in
California?
" u J L
--00000--
alternates, defendant, counsel appear to be present.
Who will be our next witness to be sworn?
MR. KOCHIS: Dr. Bailey, your Honor.
THE COURT: Come forward, please.
DONALD E. BAILEY,
THE CLERK: Thank you. Would you have a seat in the
witness stand. Would you state your full name for the record?
THE WITNESS: First name is Donald, D-o-n-a-I-d, middle
initial E., last name is Bailey, B-a-i-I-e-y.
THE CLERK: Thank you.
THE COURT: Mr. Kochis.
medicine in the State of California?
A. That's correct.
O. How long have you been licensed as a physician in
California?
" u J L
A. California Institution For Men at Chino.
Q. How long have you been employed by that institution
as a physician?
Q. Were you working at the institution during the
month of May of 1983?
A. 1 was.
to the inmates that were processed through the Men's Institution
in Chino?
A. That's one of the jobs that I have, yes.
Q. Are you the only physician that works at the men's
prison in CIM?
A. No. I don't know how many we had at that time, but
we had anywhere from nine to ten.
Q. Are you familiar with the person whose name is Dr.
Hsu?
Q. Was he working at the institution as well during
the month of May of 19
A. He was.
A. Yes, we do~
Q. Prior to testifying in this matter have you
reviewed some of the medical records on an inmate that was known
as David Trautman?
A. California Institution For Men at Chino.
Q. How long have you been employed by that institution
as a physician?
Q. Were you working at the institution during the
month of May of 1983?
A. 1 was.
to the inmates that were processed through the Men's Institution
in Chino?
A. That's one of the jobs that I have, yes.
Q. Are you the only physician that works at the men's
prison in CIM?
A. No. I don't know how many we had at that time, but
we had anywhere from nine to ten.
Q. Are you familiar with the person whose name is Dr.
Hsu?
Q. Was he working at the institution as well during
the month of May of 19
A. He was.
A. Yes, we do~
Q. Prior to testifying in this matter have you
reviewed some of the medical records on an inmate that was known
as David Trautman?
2 Q. Directing your attention to a series of exhibits
3 which have been marked for identification as Exhibits 7, 8, and
4 9, do all three of those exhibits appear to be Xerox copies of
5 medical records that are kept at the men's prison in Chino?
6
7
8
9
A. This is one of the parts of the physical exam
signed by Dr. Hsu.
Q. And you've referred to Exhibit 7.
A. Okay. And this one is a chrono that I wrote in
10 reference to David Trautman.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. And that's Exhibit 8.
A. And the other one is a record of what I wrote in
his medical jacket, medical chart, on May 3, '83,
Q. And that's what has been marked
A. -- referring to the same thing, the chrono I did
which was was requested, permission for him -- he requested
permission to wear tennis shoes and we said that he had a valid
reason for wearing them and recommended that if they were
available custody would have the option of letting him have
them.
Q. Let's see if we can break this down for the jury.
From the records are you able to determine who saw
David Trautman first, yourself or Dr. Hsu?
A. Dr. Hsu would have seen him first.
Q. And do the records indicate on approximately what
26 date Mr. Trautman was seen by Dr. Hsu?
27
28
A. Let's see, it says he was seen on the same date,
that would be 5-3-83.
2356
2 Q. Directing your attention to a series of exhibits
3 which have been marked for identification as Exhibits 7, 8, and
4 9, do all three of those exhibits appear to be Xerox copies of
5 medical records that are kept at the men's prison in Chino?
6
7
8
9
A. This is one of the parts of the physical exam
signed by Dr. Hsu.
Q. And you've referred to Exhibit 7.
A. Okay. And this one is a chrono that I wrote in
10 reference to David Trautman.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. And that's Exhibit 8.
A. And the other one is a record of what I wrote in
his medical jacket, medical chart, on May 3, '83,
Q. And that's what has been marked
A. -- referring to the same thing, the chrono I did
which was was requested, permission for him -- he requested
permission to wear tennis shoes and we said that he had a valid
reason for wearing them and recommended that if they were
available custody would have the option of letting him have
them.
Q. Let's see if we can break this down for the jury.
From the records are you able to determine who saw
David Trautman first, yourself or Dr. Hsu?
A. Dr. Hsu would have seen him first.
Q. And do the records indicate on approximately what
26 date Mr. Trautman was seen by Dr. Hsu?
27
28
A. Let's see, it says he was seen on the same date,
that would be 5-3-83.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
/--", 28
known as a "C" number, an identification number, when they
arrive at the prison in Chino?
A. That's correct.
Q. And would that "C" number then appear on the
medical records, including Exhibits 7, 8, and 9?
2357
A. It should be here and I think it is. Let's seep
yes, on that one, this one, yes, on all three.
Q. After the examination by Dr. Hsu, did the records
indicate that David Trautman was referred to you for an
examination for a specific purpose?
A. Yes. He was referred by Dr. Hsu to check on the
problem he claimed he had with his feet which he felt needed
tense shoes rather than hard shoes.
Q. How many inmates would you examine on a weekly
basis, if you could estimate, during the month of May of 1983?
A. Let's see, we were anywhere from, oh, 300 to 400,
depends on the week, but a weekly basis we do.
Q. Do you recognize the person who you examined back
in May of 1983, David Trautman, as even being here in the
courtroom?
A. I wouldn't remember him. I see 400 a week. I've
done that for 26 years. So I might recall him if I saw him
again, but I wouldn't remember his. name or number.
Q. Do you see any person in the courtroom today that
you have examined at Chino in the past? .
A. Well, I -- I recognize one, yeah.
Q. And where is he seated?
known as a "C" number, an identification number, when they
arrive at the prison in Chino?
A. That's correct.
Q. And would that "C" number then appear on the
medical records, including Exhibits 7, 8, and 9?
2357
A. It should be here and I think it is. Let's seep
yes, on that one, this one, yes, on all three.
Q. After the examination by Dr. Hsu, did the records
indicate that David Trautman was referred to you for an
examination for a specific purpose?
A. Yes. He was referred by Dr. Hsu to check on the
problem he claimed he had with his feet which he felt needed
tense shoes rather than hard shoes.
Q. How many inmates would you examine on a weekly
basis, if you could estimate, during the month of May of 1983?
A. Let's see, we were anywhere from, oh, 300 to 400,
depends on the week, but a weekly basis we do.
Q. Do you recognize the person who you examined back
in May of 1983, David Trautman, as even being here in the
courtroom?
A. I wouldn't remember him. I see 400 a week. I've
done that for 26 years. So I might recall him if I saw him
again, but I wouldn't remember his. name or number.
Q. Do you see any person in the courtroom today that
you have examined at Chino in the past? .
A. Well, I -- I recognize one, yeah.
Q. And where is he seated?
A. Looks like bro.~ from here.
Q. Is he wearing glasses?
A. Correct.
o. }~d does he appear to be the only black gentlemen
at counsel table?
y~. KOCHIS: May the record reflect he has referred to
Mr. Cooper, your Honor?
THE COURT: Yes.
BY MR. KOCHIS:
o. }~d you recall at someti~e in the past examining
Mr. Cooper at the hospital?
A. Pardon?
o. I:o you recall at sometiI4!e in the past examining the
gentlemen seated at counsel table at the prison?
A. I recall seeing him. I don't remember whether I
I know I exa~ined him because I've seen the records, but the
exact time or incident I don't remember, no.
o. According to the records, then, did you examine the
feet of David Trautman?
o. And did you discover calluses, I believe on his
right foot?
A. Ee had a problem with that, that's correct.
O. Did you feel that in your mind that justified his
being allowed to wear tennis shoes at the prison?
II I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
A. Looks like bro.~ from here.
Q. Is he wearing glasses?
A. Correct.
o. }~d does he appear to be the only black gentlemen
at counsel table?
y~. KOCHIS: May the record reflect he has referred to
Mr. Cooper, your Honor?
THE COURT: Yes.
BY MR. KOCHIS:
o. }~d you recall at someti~e in the past examining
Mr. Cooper at the hospital?
A. Pardon?
o. I:o you recall at sometiI4!e in the past examining the
gentlemen seated at counsel table at the prison?
A. I recall seeing him. I don't remember whether I
I know I exa~ined him because I've seen the records, but the
exact time or incident I don't remember, no.
o. According to the records, then, did you examine the
feet of David Trautman?
o. And did you discover calluses, I believe on his
right foot?
A. Ee had a problem with that, that's correct.
O. Did you feel that in your mind that justified his
being allowed to wear tennis shoes at the prison?
II I
1
2
A.
Q.
2359
I did, and I wrote a chrono to that effect.
And is a chrono in effect a recommendation by you
3 that allows an inmate permission to wear tennis shoes at the
4 prison?
5 A. It gives him permission for a ffiedical reason, but
6 doesn't issue him tennis shoes. That's done by -- Custody has
7 to approve it.
8 Q. Is it fair to say that you did not have tennis
9 shoes at your disposal in the medical facilities?
10 A. No, we don't have any such things at our disposal,
11 no.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Q. And in any event, you didn't give David Trautman a
pair of tennis shoes?
A. I d.id not.
A. Right.
BY MR. NEGUS:
Q. . Dr. Bailey, the examination that you gave on May 3,
1983, did that take place in what is referred to as Reception
Center Central at the California Institution For Men?
A. That's correct, yeah.
Q. Now, Reception Center Central has in it a sort of
27 setup for processing people through the medical examinations; is
28 that correct?
" u , ,
1
2
A.
Q.
2359
I did, and I wrote a chrono to that effect.
And is a chrono in effect a recommendation by you
3 that allows an inmate permission to wear tennis shoes at the
4 prison?
5 A. It gives him permission for a ffiedical reason, but
6 doesn't issue him tennis shoes. That's done by -- Custody has
7 to approve it.
8 Q. Is it fair to say that you did not have tennis
9 shoes at your disposal in the medical facilities?
10 A. No, we don't have any such things at our disposal,
11 no.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Q. And in any event, you didn't give David Trautman a
pair of tennis shoes?
A. I d.id not.
A. Right.
BY MR. NEGUS:
Q. . Dr. Bailey, the examination that you gave on May 3,
1983, did that take place in what is referred to as Reception
Center Central at the California Institution For Men?
A. That's correct, yeah.
Q. Now, Reception Center Central has in it a sort of
27 setup for processing people through the medical examinations; is
28 that correct?
" u , ,
1
2
3
4
5
6
7
8
9
10
11
12
13 ,~
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2360
Q. There are several rooms set aside for -- for that
particular purpose?
examinations are given within, what, four working days of the
arrival of the inmate at the institution?
A. That's the plan.
Department of Corrections Regulations asks to you do; is that
right?
examination, are they attended to by a variety of different
medical parprofessionals and doctors?
Q. They use -- a particular inmate might see three or
four different doctors and three or four different
paraprofessionals as they were going through the line?
A. They do, but there's one doctor at the -- one
doctor summarizes the whole physical examination and makes a
final decision on it.
Q. Was -- for the Reception Center Central on May 3,
1983, that was your function, is that so, summarizing the final
decision, doctor?
A. Whatever doctor happens to be -- we have to -- we
divide them up, and it takes more than one doctor because we
have to -- we have so many people, so it depends on -- they will
1
2
3
4
5
6
7
8
9
10
11
12
13 ,~
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2360
Q. There are several rooms set aside for -- for that
particular purpose?
examinations are given within, what, four working days of the
arrival of the inmate at the institution?
A. That's the plan.
Department of Corrections Regulations asks to you do; is that
right?
examination, are they attended to by a variety of different
medical parprofessionals and doctors?
Q. They use -- a particular inmate might see three or
four different doctors and three or four different
paraprofessionals as they were going through the line?
A. They do, but there's one doctor at the -- one
doctor summarizes the whole physical examination and makes a
final decision on it.
Q. Was -- for the Reception Center Central on May 3,
1983, that was your function, is that so, summarizing the final
decision, doctor?
A. Whatever doctor happens to be -- we have to -- we
divide them up, and it takes more than one doctor because we
have to -- we have so many people, so it depends on -- they will
2361
1 be assigned to one doctor or another indiscrimately just to get
2 them -- I mean, one doctor can't do it all, so it's done by
3 several doctors.
4 Q. When Mr. Cooper came through on May 3rd, were you
5 the doctor that was summarizing his or was it Dr. Bsu?
6
7
8
A.
Q.
A.
9 with his fo~t,·problem.
10
11
Q.
A.
Do you have more expertise in feet or something?
No, but I'm the doctor that takes care of the sick
12 call at the reception center.
13 Q. Okay. So it was the reason that you became
14 involved was because there was a problem?
15
16
17
18
19
20
21
22
23
24
25
26
A. That's right.
Q. As -- on one of the documents, I believe I've got
my numbers correctly, Exhibit 7, down at the bottom right-hand
corner, let's see, if I got it right -- nope. Let's see, on
Exhibit 8 there's a --
Well, first of all, let's just look at Exhibit 8
for a minute. Exhibit 8 is actually two different pieces of
paper in the real world which have been Xeroxed together on one
eight-and-a-half by eleven sheet; is that correct?
A. They are different, yeah, they are different sheets
of paper. Everyone of them is different.
Q. Okay. Let's just focus in on Exhibit 8. This is
27 the document I have in front of you right here. And I would
28 note that there is -- appears to be two different pieces of
2361
1 be assigned to one doctor or another indiscrimately just to get
2 them -- I mean, one doctor can't do it all, so it's done by
3 several doctors.
4 Q. When Mr. Cooper came through on May 3rd, were you
5 the doctor that was summarizing his or was it Dr. Bsu?
6
7
8
A.
Q.
A.
9 with his fo~t,·problem.
10
11
Q.
A.
Do you have more expertise in feet or something?
No, but I'm the doctor that takes care of the sick
12 call at the reception center.
13 Q. Okay. So it was the reason that you became
14 involved was because there was a problem?
15
16
17
18
19
20
21
22
23
24
25
26
A. That's right.
Q. As -- on one of the documents, I believe I've got
my numbers correctly, Exhibit 7, down at the bottom right-hand
corner, let's see, if I got it right -- nope. Let's see, on
Exhibit 8 there's a --
Well, first of all, let's just look at Exhibit 8
for a minute. Exhibit 8 is actually two different pieces of
paper in the real world which have been Xeroxed together on one
eight-and-a-half by eleven sheet; is that correct?
A. They are different, yeah, they are different sheets
of paper. Everyone of them is different.
Q. Okay. Let's just focus in on Exhibit 8. This is
27 the document I have in front of you right here. And I would
28 note that there is -- appears to be two different pieces of
23
24
25
26
27
28
2362
paper that have been Xeroxed together on one sheet; is that
correct or am I in error?
A. No; no. I think that's -- I'm not sure about that
exactly. I think that's just one form exactly. Usually they
will just cut off the bottom half of it, we just use that part
of it, but for the chrono that he takes with him, but --
Q. Okay. Let's
A. I couldn't say for sure.
Q. Let me -- let me, if I may, draw a line across this
Exhibit 8 in purple just for reference, and ask to you look at
the part of the document that is below the purple line on
Exhibit 8.
A. Okay.
Q. An inmate, if he receives what's called a chrono,
will always receive a copy of that; is that correct?
A. If -- once I make the chrono out, it's made out in
three copies, and it goes from -- the inmate takes it to the
watch sergeant who keeps one copy, and then one copy, of course,
goes in his medical jacket, and the other copy he retains till
he gets, either gets the for his own information to present
if there's a possibility of him getting tennis shoes.
Q. Okay. So in -- when -- if an inmate were to go up
to a custody officer and arrange to obtain a pair of tennis
shoes, that inmate would exchange essentially the chrono that he
had been given by the watch sergeant for the tennis shoes?
MR. KOCHIS: I would object calling for speculation
absent some foundation.
1
2
3
4
5
6
7
8
9
10
11
12
/ ' 13
14
15
16
17
18
19
20
21
23
24
25
26
27
28
2362
paper that have been Xeroxed together on one sheet; is that
correct or am I in error?
A. No; no. I think that's -- I'm not sure about that
exactly. I think that's just one form exactly. Usually they
will just cut off the bottom half of it, we just use that part
of it, but for the chrono that he takes with him, but --
Q. Okay. Let's
A. I couldn't say for sure.
Q. Let me -- let me, if I may, draw a line across this
Exhibit 8 in purple just for reference, and ask to you look at
the part of the document that is below the purple line on
Exhibit 8.
A. Okay.
Q. An inmate, if he receives what's called a chrono,
will always receive a copy of that; is that correct?
A. If -- once I make the chrono out, it's made out in
three copies, and it goes from -- the inmate takes it to the
watch sergeant who keeps one copy, and then one copy, of course,
goes in his medical jacket, and the other copy he retains till
he gets, either gets the for his own information to present
if there's a possibility of him getting tennis shoes.
Q. Okay. So in -- when -- if an inmate were to go up
to a custody officer and arrange to obtain a pair of tennis
shoes, that inmate would exchange essentially the chrono that he
had been given by the watch sergeant for the tennis shoes?
MR. KOCHIS: I would object calling for speculation
absent some foundation.
1
2
3
2363
Counsel, lay a better foundation; sustain the
4 objection.
5 BY MR. NEGUS:
6 Q. Are you in general aware of the procedures that
7 after you have prescribed or given permission for tennis shoes
8
9
A. We don't give we don't give permission to be
10 issued. We recommend that he be allowed to keep them if they
11 are available.
12 Q. Okay. After you've made your recommendation~ are
13 you aware of the procedures in the institution as to how your
14 recommendation is carried out?
15
16
17
18
19
20
21
22
23
24
25
Q. Just with respect to this particular paperwork that
we have here in front of you, then, is it true that the inmate,
for example, is not given a copy of the portion of the -- of
Exhibit 8 which is above the purple line?
A. I'm not aware that he is. I'm sorry. I've never
seen them together that I know of.
Q. Okay. So normally these are actually --
A. Separate.
Q. They are separate actually in the real world; it is
not on this particular Xerox, but they, for convenience, have
26 been put on the same piece of paper?
27
28
A. The ones that I see are just one separate, just the
chrono itself when I sign them.
I r
Counsel, lay a better foundation; sustain the
4 objection.
5 BY MR. NEGUS:
6 Q. Are you in general aware of the procedures that
7 after you have prescribed or given permission for tennis shoes
8
9
A. We don't give we don't give permission to be
10 issued. We recommend that he be allowed to keep them if they
11 are available.
12 Q. Okay. After you've made your recommendation~ are
13 you aware of the procedures in the institution as to how your
14 recommendation is carried out?
15
16
17
18
19
20
21
22
23
24
25
Q. Just with respect to this particular paperwork that
we have here in front of you, then, is it true that the inmate,
for example, is not given a copy of the portion of the -- of
Exhibit 8 which is above the purple line?
A. I'm not aware that he is. I'm sorry. I've never
seen them together that I know of.
Q. Okay. So normally these are actually --
A. Separate.
Q. They are separate actually in the real world; it is
not on this particular Xerox, but they, for convenience, have
26 been put on the same piece of paper?
27
28
A. The ones that I see are just one separate, just the
chrono itself when I sign them.
I r
24
25
26
27
28
2364
Q. Okay. And then this Let me just ask you if
you'd look at the document that's at the top of Exhibit No.8,
that's -- that was dated on 5-10-83, and it appears to be a
different type of document entirely than the one below; is that
correct?
Q. Okay. The -- the particular document that's at the
top of Exhibit No.8, that's a document that you fill out when
an inmate is leaving the Reception Center Central and going to
some other institution; is that correct?
A. I have no idea. I have -- I have never signed one.
Q. This -- this document at the top you've never seen
before?
A. I'm not -- I'm not familiar with me signing it
unless it's part unless they take it from some other form.
Q. Okay.
Q. Well, it says right here on this document, this
Xerox that we have, ·old injury, right knee· and then a date of
5-10-83; that's not you?
Q. And to your knowledge you have no knowledge as
to -- as to who would have filled that out and why?
A. No. That would probably be filled out in recording
somewhere, but it's not one that I fill out.
Q. The Exhibit 7, Exhibit 9, however, are documents
that you filled out?
24
25
26
27
28
2364
Q. Okay. And then this Let me just ask you if
you'd look at the document that's at the top of Exhibit No.8,
that's -- that was dated on 5-10-83, and it appears to be a
different type of document entirely than the one below; is that
correct?
Q. Okay. The -- the particular document that's at the
top of Exhibit No.8, that's a document that you fill out when
an inmate is leaving the Reception Center Central and going to
some other institution; is that correct?
A. I have no idea. I have -- I have never signed one.
Q. This -- this document at the top you've never seen
before?
A. I'm not -- I'm not familiar with me signing it
unless it's part unless they take it from some other form.
Q. Okay.
Q. Well, it says right here on this document, this
Xerox that we have, ·old injury, right knee· and then a date of
5-10-83; that's not you?
Q. And to your knowledge you have no knowledge as
to -- as to who would have filled that out and why?
A. No. That would probably be filled out in recording
somewhere, but it's not one that I fill out.
Q. The Exhibit 7, Exhibit 9, however, are documents
that you filled out?
1 Q. When -- ~hen the inmate is coming through this
2 medical examination, is a blood sample taken?
3 A. They take a blood test, a serology test for
4 syphilis.
Q. Do you ever review the results of those tests?
A. We have to review all the results, yes.
Q. How do you enter that -- when do you enter that
into the inmate's records?
A. When we get the report back from the state lab or
10 the county lab.
11 Q. So, that would be -- Excuse me?
12 A. Whenever whenever we get it back. Could be a
13 week, maybe two weeks.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
different cell blocks, is that correct?
A. Different areas where -- where they are housed?
Q. Right.
A. Yeah.
Q. And they have -- they all have tree names: is that
correct?
A. That's correct. Well, except for one, one area.
Well, yes, that's a tree name, too. It's a little different
area, but it's still a tree, right.
Q. One of those one of those areas is the is the
secured or the segregated housing unit: is that right?
A. The what?
A. Palm Hall is a different type of housing, yes.
1 Q. When -- ~hen the inmate is coming through this
2 medical examination, is a blood sample taken?
3 A. They take a blood test, a serology test for
4 syphilis.
Q. Do you ever review the results of those tests?
A. We have to review all the results, yes.
Q. How do you enter that -- when do you enter that
into the inmate's records?
A. When we get the report back from the state lab or
10 the county lab.
11 Q. So, that would be -- Excuse me?
12 A. Whenever whenever we get it back. Could be a
13 week, maybe two weeks.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
different cell blocks, is that correct?
A. Different areas where -- where they are housed?
Q. Right.
A. Yeah.
Q. And they have -- they all have tree names: is that
correct?
A. That's correct. Well, except for one, one area.
Well, yes, that's a tree name, too. It's a little different
area, but it's still a tree, right.
Q. One of those one of those areas is the is the
secured or the segregated housing unit: is that right?
A. The what?
A. Palm Hall is a different type of housing, yes.
2366
Q. And does Palm Hall have its own set of supplies and
facilities that are sort of separate from the -- from the other
four living areas at Reception Center Central?
MR. KOCHIS: Objection. Irrelevant, and there's no
foundation as to his knowledge.
THE COURT: On the first ground, relevancy, Mr. Negus, I
fail to see it. Is this foundational for something?
MR~ NEGUS: Yes. I mean, further on, I mean, I can bring
back Dr. Bailey later on, but it's up to you. We1ve had
description about Reception Center Central, and that's just part
of it that. 1--
BY MR. NEGUS:
Q. Do you know whether tennis shoes are available to
inmates in Reception Center Central?
A. They have -- they have tennis shoes in the gym
area, but those are just to be used while the inmates are
participating in activity there, and then they have to leave
them there when they leave. They aren't issued to them
permanently. And the only -- at the time -- at this time there
were no -- tennis shoes are not stocked by the department.
Sometimes some may be donated. They may get some some
other way. They may have some in the clothing room. But they
are not part of the regular issue.
Q. Do you know if Palm Hall, the secured housing unit,
had its own stock of tennis shoes?
MR. KOCHIS: Same objection.
2366
Q. And does Palm Hall have its own set of supplies and
facilities that are sort of separate from the -- from the other
four living areas at Reception Center Central?
MR. KOCHIS: Objection. Irrelevant, and there's no
foundation as to his knowledge.
THE COURT: On the first ground, relevancy, Mr. Negus, I
fail to see it. Is this foundational for something?
MR~ NEGUS: Yes. I mean, further on, I mean, I can bring
back Dr. Bailey later on, but it's up to you. We1ve had
description about Reception Center Central, and that's just part
of it that. 1--
BY MR. NEGUS:
Q. Do you know whether tennis shoes are available to
inmates in Reception Center Central?
A. They have -- they have tennis shoes in the gym
area, but those are just to be used while the inmates are
participating in activity there, and then they have to leave
them there when they leave. They aren't issued to them
permanently. And the only -- at the time -- at this time there
were no -- tennis shoes are not stocked by the department.
Sometimes some may be donated. They may get some some
other way. They may have some in the clothing room. But they
are not part of the regular issue.
Q. Do you know if Palm Hall, the secured housing unit,
had its own stock of tennis shoes?
2 BY MR. NEGUS:
3 Q. After the
4 Well, I'd like to put up a piece of paper, if I
5 could, your Honor. When we get a chance we will have it marked
6 as next in order.
7 THE COURT: Bailiff, will you help him, please.
S BY MR. NEGUS:
10 What number will this be when we get it
11 marked?
Q. On exhibit, what will be Exhibit 57, assuming that
we have just a rough outline here of Reception Center Central,
and where I've put the arrow with the -in- and the -E- as the
entranceway to the institution, would the ~edical area be right
off essentially where I have the -M-?
A. That's correct.
Q. And the -- where I put with ·C·, is that where the
watch commander's office would be?
A. Yeah, across there.
Q. Okay. And then would the general orientation be
27 that Palm Hall is down where I have written ·Palm-?
28 A. Right.
2367
2 BY MR. NEGUS:
3 Q. After the
4 Well, I'd like to put up a piece of paper, if I
5 could, your Honor. When we get a chance we will have it marked
6 as next in order.
7 THE COURT: Bailiff, will you help him, please.
S BY MR. NEGUS:
10 What number will this be when we get it
11 marked?
Q. On exhibit, what will be Exhibit 57, assuming that
we have just a rough outline here of Reception Center Central,
and where I've put the arrow with the -in- and the -E- as the
entranceway to the institution, would the ~edical area be right
off essentially where I have the -M-?
A. That's correct.
Q. And the -- where I put with ·C·, is that where the
watch commander's office would be?
A. Yeah, across there.
Q. Okay. And then would the general orientation be
27 that Palm Hall is down where I have written ·Palm-?
28 A. Right.
2368
1 Q. Realizing this is not to scale, and all along
2 through here is there sort of a main door area where -- where
3 inmates who are not assigned to Palm Hall would have access
4 during the day?
them permission. They have to have permission to leave wherever
they go, and they have to have some type of permission to be in
the corridor area and only at certain times.
Q. Okay. After the peopl~ get through with this
10 medical examination, when they are coming through the
11 processing, say, somebody was being housed in Birch Hall and he
12 was corning out into the corridor, would he have -- would he have
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
office?
A. There is an officer -- there is an officer in
charge of the people coming through, and he would see that he
got over there all right.
Q. When -- when you indicated that you recognized Mr.
Cooper, is that from the brief contact that you had with him in
the institution or is that from having seen his picture in the
news media?
had with him •.
Q. Just from havihg seen his picture in the news media
A. Right?
COl-~PUTERI Z ED TRANSCRI PT
... ' ....
2368
1 Q. Realizing this is not to scale, and all along
2 through here is there sort of a main door area where -- where
3 inmates who are not assigned to Palm Hall would have access
4 during the day?
them permission. They have to have permission to leave wherever
they go, and they have to have some type of permission to be in
the corridor area and only at certain times.
Q. Okay. After the peopl~ get through with this
10 medical examination, when they are coming through the
11 processing, say, somebody was being housed in Birch Hall and he
12 was corning out into the corridor, would he have -- would he have
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
office?
A. There is an officer -- there is an officer in
charge of the people coming through, and he would see that he
got over there all right.
Q. When -- when you indicated that you recognized Mr.
Cooper, is that from the brief contact that you had with him in
the institution or is that from having seen his picture in the
news media?
had with him •.
Q. Just from havihg seen his picture in the news media
A. Right?
COl-~PUTERI Z ED TRANSCRI PT
... ' ....
1
2
THE COURT: Doctor, thank you very much. You may leave.
Leave the records, please.
GARY EARL FLETCHER,
THE CLERK: Thank you. Please, have a seat. Would you
state your full name for the record?
THE WITNESS: Full name is Gary Earl Fletcher,
F-l-e-t-c-h-e-r.
A. California Department of Corrections.
Q. Which institution do you work at?
A. California Institution For Men.
Q. Is that also referred to as the men's prison
located in Chino California?
A. Two years, seven months~
Q. Was June the 2nd of 1983, was that a working day
for you?
THE COURT: Doctor, thank you very much. You may leave.
Leave the records, please.
GARY EARL FLETCHER,
THE CLERK: Thank you. Please, have a seat. Would you
state your full name for the record?
THE WITNESS: Full name is Gary Earl Fletcher,
F-l-e-t-c-h-e-r.
A. California Department of Corrections.
Q. Which institution do you work at?
A. California Institution For Men.
located in Chino California?
A. Two years, seven months~
Q. Was June the 2nd of 1983, was that a working day
for you?
First watch.
Yes, sir.
Yes, sir.
Which section of the prison at Chino did you work
11 at on that particular day?
12
13
14
15
16
17
18
19
20
21
22
23
24
25
facility?
A. Yes, sir.
Q. At 7:00 a.m. on June the 2nd of 1983, did you have
some type of contact with a prisoner inside the prison?
A. Yes, sir.
Q. Do you see that person in the courtroom today?
A. Yes, sir.
Q. Could you tell the jury where that person is
seated, what type of clothes he has on today?
A. He is seated at the far end of the desk and he has
on a brown suit.
26 BY MR. KOCHIS:
Q. Where was the defendant when you first had contact
with him at the prison?
First watch.
Yes, sir.
Yes, sir.
Which section of the prison at Chino did you work
11 at on that particular day?
12
13
14
15
16
17
18
19
20
21
22
23
24
25
facility?
A. Yes, sir.
Q. At 7:00 a.m. on June the 2nd of 1983, did you have
some type of contact with a prisoner inside the prison?
A. Yes, sir.
Q. Do you see that person in the courtroom today?
A. Yes, sir.
Q. Could you tell the jury where that person is
seated, what type of clothes he has on today?
A. He is seated at the far end of the desk and he has
on a brown suit.
26 BY MR. KOCHIS:
Q. Where was the defendant when you first had contact
with him at the prison?
A. He was at the corner of Huron and Ecalyptus.
Q. Do you recall how he was dressed on that day back
in June of 1983?
A. He was wearing blue jeans, a white T-shirt over --
over his head, white T-shirt and a camp jacket.
Q. What attracted your attention to him?
A.
Q.
A.
Q.
A.
Q.
Because he was out of bounds at the present time.
Did you do anything when you saw him out of bounds?
Yes, sir. I stopped him.
Did you have a conversation with him?
Yes, sir.
A. Yes, sir, I did.
Q. What name were you given?
A. David Trautman.
Q. Did you then attempt to verify what dorm he was
supposed to be stationed in at that time?
A. Yes, sir, I did.
Q. Did you learn where he was supposed to be?
A. Yes, sir.
Q. Did you require that he do anything with the
T-shirt that was over his head?
A. Yes, sir. I I requested him to take it off.
Q. Did you see how he was wearing his hair on that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2371
A. He was at the corner of Huron and Ecalyptus.
Q. Do you recall how he was dressed on that day back
in June of 1983?
A. He was wearing blue jeans, a white T-shirt over --
over his head, white T-shirt and a camp jacket.
Q. What attracted your attention to him?
A.
Q.
A.
Q.
A.
Q.
Because he was out of bounds at the present time.
Did you do anything when you saw him out of bounds?
Yes, sir. I stopped him.
Did you have a conversation with him?
Yes, sir.
A. Yes, sir, I did.
Q. What name were you given?
A. David Trautman.
Q. Did you then attempt to verify what dorm he was
supposed to be stationed in at that time?
A. Yes, sir, I did.
Q. Did you learn where he was supposed to be?
A. Yes, sir.
Q. Did you require that he do anything with the
T-shirt that was over his head?
A. Yes, sir. I I requested him to take it off.
Q. Did you see how he was wearing his hair on that
2312
Was that the last contact you had with the
6 defendant on June the 2nd of 1983?
7
8
9
10
11
12
13
Q. After you had the conversation with him, did you
follow him to any location?
A.
Q.
A.
Q.
Yes, sir.
Did anyone call you and request that you return to
14 the institution later that day?
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Q. Did you participate in the search for the person
you had later seen -- you had earlier seen that day, Mr. Cooper?
A. Yes, sir.
Q. Did you find him on the 2nd of June?
A. No, sir.
Q. Directing your attention back a moment to the
T-shirt that Mr. Cooper had on his head, do you remember what
color that was?
A. Yes, Sir, white.
Q. And was it tied or knotted in any fashion that you
recall?
" U I
Was that the last contact you had with the
6 defendant on June the 2nd of 1983?
7
8
9
10
11
12
13
Q. After you had the conversation with him, did you
follow him to any location?
A.
Q.
A.
Q.
Yes, sir.
Did anyone call you and request that you return to
14 the institution later that day?
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Q. Did you participate in the search for the person
you had later seen -- you had earlier seen that day, Mr. Cooper?
A. Yes, sir.
Q. Did you find him on the 2nd of June?
A. No, sir.
Q. Directing your attention back a moment to the
T-shirt that Mr. Cooper had on his head, do you remember what
color that was?
A. Yes, Sir, white.
Q. And was it tied or knotted in any fashion that you
recall?
" U I
Q. Directing your attention to an exhibit which has
been placed behind you on the board, which for the record has
4 been marked as Exhibit 55, and for the record over that we've
5 placed a piece of clear plastic acetate which we've marked as
6 Exhibit 55-A.
7 Do you recognize what that appears to be a diagram
8 of?
Mr. Fletcher, could you join me at the diagram for
11 a moment, and in the lower left-hand corner could you put -G-
12 period -F" for your initials and "10-24-84" for today's date?
13
14
15
16
17
18
19
A. (Witness complied.)
Q. As a reference point for the jury later to use,
could you trace in the outline, I believe, of the Chino Park
which is in the upper,left-hand corner of the diagram.
Q. Does that diagram appear to you to accurately
depict the location of the various buildings in the men's prison
20 . at CIM?
Q. And are there also streets located on the prison
grounds that have names?
A. Yes, sir, they do.
Q. And do the streets appear in the approximate
28 location on the diagram that they do in the prison?
Q. Directing your attention to an exhibit which has
been placed behind you on the board, which for the record has
4 been marked as Exhibit 55, and for the record over that we've
5 placed a piece of clear plastic acetate which we've marked as
6 Exhibit 55-A.
7 Do you recognize what that appears to be a diagram
8 of?
Mr. Fletcher, could you join me at the diagram for
11 a moment, and in the lower left-hand corner could you put -G-
12 period -F" for your initials and "10-24-84" for today's date?
13
14
15
16
17
18
19
Q. As a reference point for the jury later to use,
could you trace in the outline, I believe, of the Chino Park
which is in the upper,left-hand corner of the diagram.
Q. Does that diagram appear to you to accurately
depict the location of the various buildings in the men's prison
20 . at CIM?
Q. And are there also streets located on the prison
grounds that have names?
A. Yes, sir, they do.
Q. And do the streets appear in the approximate
28 location on the diagram that they do in the prison?
3 Exhibit 55, is there a key or a legend?
A. Yes, sir, there is.
2374
4
5 Q. Does the legend list the names of all the buildings
6 at the men's prison in Chino?
7
8
9
10
A.
Q.
A.
Q.
And next to the names, are there numbers?
Yes, sir, there is.
Do the numbers correspond to the buildings on the
11 left side of the diagram that show you where in fact the
12 buildings are located?
For example, on the legend at approximately No. 26,
15 does the word ·Cedar Hall" appear?
16
17
A.
Q.
Yes, sir, it does.
Are you able to find where Cedar Hall is on the
18 left side of the diagram?
19
20
21
22
A.
Q.
A.
Q.
(Witness complied.)
Excuse me. Does tOhat diagram depict the
23 out-of-bounds area at which you saw Mr. Cooper on June the 2nd
24 of 19831
25 A. Yes, sir, it does.
26 Q. Could you draw a dotted line on the clear plastic
27 that would show the jury where the in-bounds area ends for
28 inmates and where the out-of-bounds area starts?
3 Exhibit 55, is there a key or a legend?
A. Yes, sir, there is.
2374
4
5 Q. Does the legend list the names of all the buildings
6 at the men's prison in Chino?
7
8
9
10
A.
Q.
A.
Q.
And next to the names, are there numbers?
Yes, sir, there is.
Do the numbers correspond to the buildings on the
11 left side of the diagram that show you where in fact the
12 buildings are located?
For example, on the legend at approximately No. 26,
15 does the word ·Cedar Hall" appear?
16
17
A.
Q.
Yes, sir, it does.
Are you able to find where Cedar Hall is on the
18 left side of the diagram?
19
20
21
22
A.
Q.
A.
Q.
(Witness complied.)
Excuse me. Does tOhat diagram depict the
23 out-of-bounds area at which you saw Mr. Cooper on June the 2nd
24 of 19831
25 A. Yes, sir, it does.
26 Q. Could you draw a dotted line on the clear plastic
27 that would show the jury where the in-bounds area ends for
28 inmates and where the out-of-bounds area starts?
A. (~itness complied.)
Q. And could you put and "I" period "B" for in bounds
on the side of the dotted line that indicates the in-bounds
area, and could you simply put an "0· period "B" period for the
area which is the out-of-bounds area?
Q. Could you indicate with the No. "I" the location of
Mr. Cooper when you first saw him in the out-of-bounds area?
A. Yes, sir.
Q. Did you explain to Mr. Cooper at that point that he
was out of bounds?
A. Yes, sir, I did.
Q. Then could you indicate with a line and and arrow
the route that he took, Mr. Cooper took, when you, when you
followed him back into the in-bounds area?
A. Yes, sir.
Q. You may be seated, Mr. Fletcher.
Directing your attention to the photograph which
has been marked for identification as Exhibit 37, appears to be
an eight by ten color photograph of some clothing, do you
recognize the jackets in that particular picture?
A. Yes, sir.
Q. What type of jackets do they appear to you to be?
A. Camp jackets, sir.
Q. By camp jacket, what type of clothing are you
referring to?
Q. Are those jackets carried in the clothing
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
//-~, 28
2375
A. (~itness complied.)
Q. And could you put and "I" period "B" for in bounds
on the side of the dotted line that indicates the in-bounds
area, and could you simply put an "0· period "B" period for the
area which is the out-of-bounds area?
Q. Could you indicate with the No. "I" the location of
Mr. Cooper when you first saw him in the out-of-bounds area?
A. Yes, sir.
Q. Did you explain to Mr. Cooper at that point that he
was out of bounds?
A. Yes, sir, I did.
Q. Then could you indicate with a line and and arrow
the route that he took, Mr. Cooper took, when you, when you
followed him back into the in-bounds area?
A. Yes, sir.
Q. You may be seated, Mr. Fletcher.
Directing your attention to the photograph which
has been marked for identification as Exhibit 37, appears to be
an eight by ten color photograph of some clothing, do you
recognize the jackets in that particular picture?
A. Yes, sir.
Q. What type of jackets do they appear to you to be?
A. Camp jackets, sir.
Q. By camp jacket, what type of clothing are you
referring to?
Q. Are those jackets carried in the clothing
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Q. And are the jackets depicted in that photograph in
any way similar to the camp jacket you saw the defendant wearing
on June the 2nd of 1983?
A. Yes, sir.
three exhibits which have been marked for identification as
Exhibit 56, Exhibit 54 and Exhibit 53, do you recognize those
jackets?
Q. Are those exareples of the camp jackets that are
issued at the men's prison?
A. Yes; yes, sir.
Q. And are they sirr.ilar to the type ot jacket you saw
on the defendant on the 2nd of June?
A. Yes, sir.
Q. When you saw the defendant on the 2nd of June, was
he wearing glasses?
A. No, sir.
THE COURT: Mr. Negus
A. I do not recall, sir.
·U ,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Q. And are the jackets depicted in that photograph in
any way similar to the camp jacket you saw the defendant wearing
on June the 2nd of 1983?
A. Yes, sir.
three exhibits which have been marked for identification as
Exhibit 56, Exhibit 54 and Exhibit 53, do you recognize those
jackets?
Q. Are those exareples of the camp jackets that are
issued at the men's prison?
A. Yes; yes, sir.
Q. And are they sirr.ilar to the type ot jacket you saw
on the defendant on the 2nd of June?
A. Yes, sir.
Q. When you saw the defendant on the 2nd of June, was
he wearing glasses?
A. No, sir.
THE COURT: Mr. Negus
A. I do not recall, sir.
·U ,
1
2
o.
"';:-7,..::...: .. ; ..
2377
Do you now, at this point in time, have a clear
memory of that particular encounter that took place over almost
3 a year and a half ago?
" 5
6
A.
I -- well, I do remember what occurred, but not all
7 the little details.
8 o. At the time did you make any like notes or
9 something like that that you had seen a particular inmate out of
10 bounds?
Is that was that a violation of CDC rules for
to be out of bounds?
is
of
it -- is it normal procedure to document that with
what's called a chrono?
Depending upon the seriousness of the violation.
Well, is out of bounds, is that considered to be a
serious violation?
A. To some extent, yes, sir.
Q. In June of 1983, urn, if one were to -- Let me start
again.
The little road that has particular dotted lines on
the diagram, just to the right of where you had your encounter
26 with Mr. Cooper, that's a dirt road1 is that right?
27
28
MR. KOCHIS: Mr. Negus.
1
2
o.
"';:-7,..::...: .. ; ..
2377
Do you now, at this point in time, have a clear
memory of that particular encounter that took place over almost
3 a year and a half ago?
" 5
6
A.
I -- well, I do remember what occurred, but not all
7 the little details.
8 o. At the time did you make any like notes or
9 something like that that you had seen a particular inmate out of
10 bounds?
Is that was that a violation of CDC rules for
to be out of bounds?
is
of
it -- is it normal procedure to document that with
what's called a chrono?
Depending upon the seriousness of the violation.
Well, is out of bounds, is that considered to be a
serious violation?
A. To some extent, yes, sir.
Q. In June of 1983, urn, if one were to -- Let me start
again.
The little road that has particular dotted lines on
the diagram, just to the right of where you had your encounter
26 with Mr. Cooper, that's a dirt road1 is that right?
27
28
MR. KOCHIS: Mr. Negus.
2378
Does that appear to be a photograph of that road?
Yes, sir, it does.
From the spot where Mr. -- you have marked as your
6 encounter with Mr. Cooper, over to this road, in June of 1983
7 were there any fences or obstructions which would have prevented
8
9
10
A. No, sir.
Q. Want -- once one gets to that road, are there
11 any -- were there, in June of 1983, any obstructions which would
12 have prevented one from just walking up to the fence which marks
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A. No, sir.
Q. Were you aware that the preliminary hearing in this
case began on Noverr~er 9th, 19831
A. No, sir.
Q. Were you aware of the beginning of the preliminary
hearing?
Q. Were you aware that the preliminary hearing in the
case of People versus Kevin Cooper was to begin back in November
of 1983? Forgetting the date on which it was beginning, were
you aware of the beginning of that preliminary hearing?
A. No.
Q. In -- you participated in the investigation of the
27 escape of Mr. Cooper which occurred later in the afternoon.
28 A. Yes, sir.
2378
Does that appear to be a photograph of that road?
Yes, sir, it does.
From the spot where Mr. -- you have marked as your
6 encounter with Mr. Cooper, over to this road, in June of 1983
7 were there any fences or obstructions which would have prevented
8
9
10
A. No, sir.
Q. Want -- once one gets to that road, are there
11 any -- were there, in June of 1983, any obstructions which would
12 have prevented one from just walking up to the fence which marks
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A. No, sir.
Q. Were you aware that the preliminary hearing in this
case began on Noverr~er 9th, 19831
A. No, sir.
Q. Were you aware of the beginning of the preliminary
hearing?
Q. Were you aware that the preliminary hearing in the
case of People versus Kevin Cooper was to begin back in November
of 1983? Forgetting the date on which it was beginning, were
you aware of the beginning of that preliminary hearing?
A. No.
Q. In -- you participated in the investigation of the
27 escape of Mr. Cooper which occurred later in the afternoon.
28 A. Yes, sir.
2379
1 Q. According to the general rules of the department an
2 escape is a serious violation of departmental rules as well as a
3 felony. Is that correct?
4 A. Yes, sir.
Q. When such a serious violation of departmental rules
take place, officers who have knowledge about that particular
event are to write a report of that which is then submitted to
either the chief investigator or their watch commander. Is that
9 correct?
A correctional officer that has knowledge of a
12 s~rious violation of CDC rules, such as an escape, is supposed
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
to, according to normal procedure of the Department of
Corrections, submit a written report of what he knows about that
particular infraction and it goes up the chain of command. Is
that correct?
Q. You drafted such a report on November the 8th,
1983~ is that right?
A. Yes, sir.
Q. You didn't draft the report back in June of 19831
correct?
A. That's right, sir.
Q. In June of 1983 did you make known to anyone that
you had this knowledge?
Q. Who was that?
CQl>1PUTERI ZED TRANSCRIPT
1---, ,
2379
1 Q. According to the general rules of the department an
2 escape is a serious violation of departmental rules as well as a
3 felony. Is that correct?
4 A. Yes, sir.
Q. When such a serious violation of departmental rules
take place, officers who have knowledge about that particular
event are to write a report of that which is then submitted to
either the chief investigator or their watch commander. Is that
9 correct?
A correctional officer that has knowledge of a
12 s~rious violation of CDC rules, such as an escape, is supposed
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
to, according to normal procedure of the Department of
Corrections, submit a written report of what he knows about that
particular infraction and it goes up the chain of command. Is
that correct?
Q. You drafted such a report on November the 8th,
1983~ is that right?
A. Yes, sir.
Q. You didn't draft the report back in June of 19831
correct?
A. That's right, sir.
Q. In June of 1983 did you make known to anyone that
you had this knowledge?
Q. Who was that?
CQl>1PUTERI ZED TRANSCRIPT
1---, ,
2380
1 Q. Did Sergeant Roberts tell you not to write a
2 report?
THE COURT: Well, overruled.
You may answer, sir.
THE WITNESS: Yes, sir.
7 BY MR. NEGUS:
8 Q. Did he tell you why he wanted you not to write a
9 report?
10 A. Excuse me. We were just holding a conversation. I
11 did tell him that I had seen the gentleman earlier, and since I
12 had seen him that morning it didn't have any bearing on what had
13
14
15
16
17
18
19
20
21
22
23
24
25
happened that afternoon, it appeared at the time.
Q. You thought that the fact he was out of bounds with
a clear shot towards the fence in the morning was irrelevant to
the escape?
irrelevant to his escape?
THE WITNESS: Excuse me, can you repeat that, please.
BY MR. NEGUS:
Q. Did you think that the information that you had
26 about supposed -- the information that you had seen the person
27 that escaped that afternoon, out of bounds in the spot where you
28 saw him, was irrelevant to the escape?
CI
2380
1 Q. Did Sergeant Roberts tell you not to write a
2 report?
THE COURT: Well, overruled.
You may answer, sir.
THE WITNESS: Yes, sir.
7 BY MR. NEGUS:
8 Q. Did he tell you why he wanted you not to write a
9 report?
10 A. Excuse me. We were just holding a conversation. I
11 did tell him that I had seen the gentleman earlier, and since I
12 had seen him that morning it didn't have any bearing on what had
13
14
15
16
17
18
19
20
21
22
23
24
25
happened that afternoon, it appeared at the time.
Q. You thought that the fact he was out of bounds with
a clear shot towards the fence in the morning was irrelevant to
the escape?
irrelevant to his escape?
THE WITNESS: Excuse me, can you repeat that, please.
BY MR. NEGUS:
Q. Did you think that the information that you had
26 about supposed -- the information that you had seen the person
27 that escaped that afternoon, out of bounds in the spot where you
28 saw him, was irrelevant to the escape?
Q. When you wrote the report, were you aware that
prosecutors and San Bernardino County Sheriff's officers were
down at the institution gathering information about Mr. Cooper
during that week?
Yes.
You are talking about investigators, right?
Would you repeat yourself, please.
Q. Were you aware -- well, did the press of
prosecutors and the San Bernardino County Sheriff's
investigators at the institution have anything to do wlthyour
writing your report?
A. Yes, sir.
Q. What effect did they have? What etfect was that?
A. They asked me what I had seen to that date and to
write a report as to what I have -- what I encountered.
Q. When you spoke to Mr. Cooper, was there anything
unusual about his speech pattern?
A. No, sir.
Q. Did you recall how long the braids that his hair
was in were?
A. No, sir.
Q. Can you tell whether his hair now is longer or
shorter, or the same as it was then?
A. It appears shorter right at this time.
Q. Are you sure about that, or is it just how he
1
2
3
4
5
6
7
8
9
Q. When you wrote the report, were you aware that
prosecutors and San Bernardino County Sheriff's officers were
down at the institution gathering information about Mr. Cooper
during that week?
Yes.
You are talking about investigators, right?
Would you repeat yourself, please.
Q. Were you aware -- well, did the press of
prosecutors and the San Bernardino County Sheriff's
investigators at the institution have anything to do wlthyour
writing your report?
A. Yes, sir.
Q. What effect did they have? What etfect was that?
A. They asked me what I had seen to that date and to
write a report as to what I have -- what I encountered.
Q. When you spoke to Mr. Cooper, was there anything
unusual about his speech pattern?
A. No, sir.
Q. Did you recall how long the braids that his hair
was in were?
A. No, sir.
Q. Can you tell whether his hair now is longer or
shorter, or the same as it was then?
A. It appears shorter right at this time.
Q. Are you sure about that, or is it just how he
1
2
3
4
5
6
7
8
9
10
11
12
~, 13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2382
",ears
A. That is the way it appears to me right at this
time.
Q. Do you have a clear memory of how Mr. Cooper in the
flesh looked on that particular day?
A. Yes, sir.
you have an opportunity to see his picture on television?
A. Excuse me. Repeat yourself, please.
Q. After your encounter with Mr. Cooper at 7:00
o'clock in the morning on June the 2nd, 1983, did you have an
opportunity to see Mr. Cooper's picture on the television?
A. Yes, sir, I did.
Q. And did you see a picture of him wearing a De
Shakey shirt?
A. No.
Q. What picture did you see of him on the television?
A. I do not recall the particular picture but I did
see his face on TV, on television rather, that--
Q. Was that during the time that he was being sought
by the authorities?
A. Yes, sir.
Q. Did you see pictures of Mr. Cooper on the
television at the time of his arrest?
A. No, sir.
Q. The particular institution that you were working at
in June of 1983, was an institution for people who had already
been processed through the reception and guidance center; that
COf-IPUTERIZED TRANSCRIPT
" U , , ,- J
" o ~ ::J
" U
1
2
3
4
5
6
7
8
9
10
11
12
~, 13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2382
",ears
A. That is the way it appears to me right at this
time.
Q. Do you have a clear memory of how Mr. Cooper in the
flesh looked on that particular day?
A. Yes, sir.
you have an opportunity to see his picture on television?
A. Excuse me. Repeat yourself, please.
Q. After your encounter with Mr. Cooper at 7:00
o'clock in the morning on June the 2nd, 1983, did you have an
opportunity to see Mr. Cooper's picture on the television?
A. Yes, sir, I did.
Q. And did you see a picture of him wearing a De
Shakey shirt?
A. No.
Q. What picture did you see of him on the television?
A. I do not recall the particular picture but I did
see his face on TV, on television rather, that--
Q. Was that during the time that he was being sought
by the authorities?
A. Yes, sir.
Q. Did you see pictures of Mr. Cooper on the
television at the time of his arrest?
A. No, sir.
Q. The particular institution that you were working at
in June of 1983, was an institution for people who had already
been processed through the reception and guidance center; that
COf-IPUTERIZED TRANSCRIPT
" U , , ,- J
" o ~ ::J
1 was their permanent sentence for their particular sentence. Is
2 that correct?
5 morning??
MR. NEGUS: I have nothing further.
THE COURT: Mr. Kochis, anything?
MR. KOCHIS: Yes, I do have a few, your Honor
REDIRECT EXAMINATION
Q. Mr. Fletcher, did you see Kevin Cooper escape from
the prison?
A. No, sir.
Q. Is that one of the reasons you did not write an
escape report?
Q. Approximately what time on June the 2nd were you
called back to the institution to participate in the out of
bounds search for Mr. Cooper?
A. 6:45 p.m ••
Q. And did you work in conjunction with any other
26 officer?
2383
1 was their permanent sentence for their particular sentence. Is
2 that correct?
5 morning??
MR. NEGUS: I have nothing further.
THE COURT: Mr. Kochis, anything?
MR. KOCHIS: Yes, I do have a few, your Honor
REDIRECT EXAMINATION
Q. Mr. Fletcher, did you see Kevin Cooper escape from
the prison?
A. No, sir.
Q. Is that one of the reasons you did not write an
escape report?
Q. Approximately what time on June the 2nd were you
called back to the institution to participate in the out of
bounds search for Mr. Cooper?
A. 6:45 p.m ••
Q. And did you work in conjunction with any other
26 officer?
:;;£:7-:;,;;.:,
1
2
3 observations in June; is that correct?
4
5
6
7
8
9
A. Yes, sir.
o. Sometime in early November did you bring it to the
attention of the investigators at CIM that you had made some
observations of the defendant in June?
A. Yes, sir.
o. Were you then directed to reduce those memories to
10 writing?
A. Yes, sir.
o. When you had contact wlth the defendant on June the
2nd of 1983, did he produce the identification cards that
inmates are supposed to carry?
A. Yes, sir.
A. Yes, sir. it was.
o. Was Mr. Cooper's picture on the card?
A. Yes, sir.
O. And were you able to determine, through a records
check, that he was housed in Cedar Hall at that time?
A. Yes, sir.
o. Directing your attention to Exhibit 31 which
26 appears to be an eight by ten color photograph depicting a
27 building.
cm:PUTERIZED TRANSCRIPT
:;;£:7-:;,;;.:,
1
2
3 observations in June; is that correct?
4
5
6
7
8
9
A. Yes, sir.
o. Sometime in early November did you bring it to the
attention of the investigators at CIM that you had made some
observations of the defendant in June?
A. Yes, sir.
o. Were you then directed to reduce those memories to
10 writing?
A. Yes, sir.
o. When you had contact wlth the defendant on June the
2nd of 1983, did he produce the identification cards that
inmates are supposed to carry?
A. Yes, sir.
A. Yes, sir. it was.
o. Was Mr. Cooper's picture on the card?
A. Yes, sir.
O. And were you able to determine, through a records
check, that he was housed in Cedar Hall at that time?
A. Yes, sir.
o. Directing your attention to Exhibit 31 which
26 appears to be an eight by ten color photograph depicting a
27 building.
cm:PUTERIZED TRANSCRIPT
2385
Q. Is that a building at the prison in Chino?
A. Yes, sir.
Q. Which one?
A. Cedar Hall.
Q. When inmates arrive at the minimum facility, are
they given any instructions as to where the in and out of bounds
9 areas are?
Q. Is that something you are not sure of?
A. That's correct.
RECROSS EXAMINATION
Q. The picture on the I.D. card, was Mr. Cooper's
hair, when you saw him, approxi~ately the same length as that
picture?
Q. l-lhen you wrote your report in November, did you
have in your mind at that time, fresh in your mind, all the
details of what had occurred on that morning?
A. Yes. Fresh? Yes.
Q. It was real crystal clear to you four months
26 afterwards, five months afterwards?
27
28
2385
Q. Is that a building at the prison in Chino?
A. Yes, sir.
Q. Which one?
A. Cedar Hall.
Q. When inmates arrive at the minimum facility, are
they given any instructions as to where the in and out of bounds
9 areas are?
Q. Is that something you are not sure of?
A. That's correct.
RECROSS EXAMINATION
Q. The picture on the I.D. card, was Mr. Cooper's
hair, when you saw him, approxi~ately the same length as that
picture?
Q. l-lhen you wrote your report in November, did you
have in your mind at that time, fresh in your mind, all the
details of what had occurred on that morning?
A. Yes. Fresh? Yes.
Q. It was real crystal clear to you four months
26 afterwards, five months afterwards?
27
28
~"
2386
5 Q. Mr. Fletcher, directing your attention to Exhibit
6 12, it appears to be a Xeroxed copy of a CIM bed card.
7 The photograph in that particular, on that
8 particular exhibit, does that appear to be similar to the
A.
Q. 12 The photo of Mr. Cooper on the 1.0. card, was his
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
hair
rows?
out in a natural as it is in that exhibit, or was it in
A. It was out in this fashion.
Q. As it is in Exhibit 12?
A. Yes, sir.
THE COURT: Anything.
HR. NEGUS: Nope.
We'll take the morning recess, ladies and
gentlemen. Give you 15 minutes.
Bailiff, would you escort them back to their room.
Remember at all times the admonition that I have given to you.
(Recess)
~"
2386
5 Q. Mr. Fletcher, directing your attention to Exhibit
6 12, it appears to be a Xeroxed copy of a CIM bed card.
7 The photograph in that particular, on that
8 particular exhibit, does that appear to be similar to the
A.
Q. 12 The photo of Mr. Cooper on the 1.0. card, was his
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
hair
rows?
out in a natural as it is in that exhibit, or was it in
A. It was out in this fashion.
Q. As it is in Exhibit 12?
A. Yes, sir.
THE COURT: Anything.
HR. NEGUS: Nope.
We'll take the morning recess, ladies and
gentlemen. Give you 15 minutes.
Bailiff, would you escort them back to their room.
Remember at all times the admonition that I have given to you.
(Recess)
1
2
3 CORNELIUS SHEPHARD
4 Called as a witness on behalf of the People, having been duly
5 sworn, testified as follows:
6
7
8
9
10
11
12
13
THE CLERK: Thank you. Would you have a seat on the
witness stand. Would you state your full name for the record.
THE KITNESS: Cornelius Shephard.
THE WITNESS: S-h-e-p-h-a-r-d.
A. California Institution for Men.
located in Chino, California?
A. Yes, it is.
A. Lieutenant.
Q. How long have you worked at the men's prison in
Chino?
A. Since 1973. Approximately eleven years.
Q. I would like to take you back in time approximately
a year and a half to June the 2nd, 1983, which I believe was a
27 Thursday.
28 Is that a working day for you at the institution?
3 CORNELIUS SHEPHARD
4 Called as a witness on behalf of the People, having been duly
5 sworn, testified as follows:
6
7
8
9
10
11
12
13
THE CLERK: Thank you. Would you have a seat on the
witness stand. Would you state your full name for the record.
THE KITNESS: Cornelius Shephard.
THE WITNESS: S-h-e-p-h-a-r-d.
A. California Institution for Men.
located in Chino, California?
A. Yes, it is.
A. Lieutenant.
Q. How long have you worked at the men's prison in
Chino?
A. Since 1973. Approximately eleven years.
Q. I would like to take you back in time approximately
a year and a half to June the 2nd, 1983, which I believe

kevincooperorg.files.wordpress.com · iv inile~ of: exhibits f , •• i iced. in ~l1:d. 31 8 x 10...

Documents