PART 35 (53 page)

“Oh, no, sir. No, sir.”

Sandro felt sure the D.A.'s case was swelling with strength with each of his ineffectual inquiries.

“You just had to say, ‘Well, what happened then?' and then he went on for a little bit, is that correct?”

“Yes, sir.”

Sandro thought he might as well go into the minor discrepancies, little sticks. But Mullaly's testimony was a whole forest.

“Now, you say that the defendant indicated that he had been with Ramon during the day, is that correct?”

“Yes, sir.”

“And you indicated that Alvarado stated that, after they had ridden in Ramon's automobile, they drove to Stanton Street to burglarize an apartment?”

“Yes, sir.”

“And between them they discussed the burglary on the particular apartment?”

“He said, Alvarado said, that he asked, Ramon asked him to do a robbery in a building on his block.”

“Was it a specific building that Ramon asked him about?”

“Yes, I believe you could say that. It is hard—”

“I don't want to say it. I am asking you.”

“In my opinion?”

“No, I am not asking your opinion. I am asking you what the statement said exactly that Ramon had said. ‘Come to this apartment; I have already cased it,' or something like that?”

“Alvarado said to me, ‘Ramon asked me to do a robbery in a building on his block,' and I asked him what Ramon's block was; and he said, ‘Stanton Street, between Suffolk and Norfolk.' And I asked him how he knew that. He said he had been there before.”

“Now, did you ask the defendant at that point, ‘Well, what apartment were you going to go into?'”

“I asked him what the apartment number was, and he said he didn't know. He said they went to a building across the street from a factory.”

“Now, you indicated that Hernandez had a jimmy?”

“Alvarado said that, yes, sir.”

“And then you indicated that Hernandez allegedly gave the jimmy to Alvarado?”

“Yes, sir.”

“And Alvarado jimmied the door open, and then they went inside, is that right?”

“Yes, sir.”

“Now, after the goods were on the roof, you say the defendant Alvarado said to you that he went down the fire escape in the back so that he could take some property out the window, is that right?”

“He said some stuff that was near the window, yes, sir.”

“Now, did he say that he was going to take the television set out of the window?”

“No, sir.”

“Did he tell you to which window he went when he was going to take these things out?”

“He just said ‘the window.'”

“There were two windows on the fire escape, weren't there?”

“Yes, sir. I assumed it was the window—”

“Let's just get what he said.”

“He didn't say, Counselor; no, sir.”

“At any rate, when he got down on the fire escape, he found that the gate and window were locked?”

“On the inside; yes, sir.”

Why would anyone who had been in the apartment go out on the fire escape without first opening the locks? Sandro was building for the summation, but the jury didn't look impressed.

“Now, after this, you say, while the defendant was on the roof, you say he said he heard a noise on the fire escape?”

“From the fire escape,” Mullaly corrected. “Yes, sir.”

“Now, did he say where he was at the time he heard that noise?”

“He said Ramon and he were lifting the TV set over the dividing wall.”

“And you say he said that he went from where they were lifting the goods over the dividing wall to look over the fire escape, is that correct?”

“He said he went to the back edge of the roof and looked over the fire escape, yes, sir.”

“Now, do you know where the fire escape is on the building One fifty-three Stanton Street?”

“Yes, sir.”

“It overhangs the rear end of the building?”

“Yes, sir; the back of the building; yes, sir.”

“And this point, sir, where you say the property was found by the police, is almost at the frontmost part of the building, is that not right?”

“Yes.”

“Now, the defendant Alvarado, you say, said he saw the policeman coming up; is that correct?”

“Yes, sir.”

“Now, did the defendant then say that he went to Hernandez and told him ‘
Los camarones
,' or ‘The cops are coming?'”

“This is what he said, Counselor: ‘I told Ramon,
Los camarones! Los camarones!
'”

“Did he say, ‘I yelled to him?'”

“I just told you what he said, Counselor.”

“He told him?”

“Yes, sir.”

“And that was the word he used to you?”

“He said he told Ramon, ‘
Los camarones! Los camarones!
'”

“And then you say that the defendant took this position which you later described for us, and you assumed for us; is that correct? He took this position behind the wall?”

“Yes. That is what he told me. He said he crouched down behind the wall. As a matter of course, Counsel, he demonstrated the position for me later. But at this time he only told me he crouched down.”

“While you were up on that roof, you observed the bulkhead, or stairway wall, didn't you?

“Yes, sir.”

“The bulkhead is the covering over the stairwell, is that correct?”

“Yes, sir.”

“Now, you say he said he crouched behind the stairway wall?”

“Yes, sir.”

“Would that mean inside the stairway?”

“Your Honor, I object. He is asking the detective to interpret the language of this defendant, and I object to it,” said Ellis.

“Objection sustained because of the form of the question.”

Sandro easily envisioned the bulkhead on the roof. He couldn't believe that Lauria would not have seen his assailant if the assailant was outside, kneeling behind the bulkhead. And if the assailant was inside the bulkhead, he would have had to open the door to come out. And the door opened toward the rear.
The cop would have seen it opening.

“Did you ask him, ‘Well, were you inside the stairway, Luis?' or, ‘Were you outside the stairway, Luis?'”

“Did I ask him that, sir?”

Suddenly, Sandro realized that Mullaly didn't know the answer. He had been continually repeating the exact wording of the alleged confession. And he couldn't go beyond those words. The confession was something a high school boy could have surmised after seeing the roof and the dead Lauria. But there were gaping holes in it, whole areas unknown. Areas the police would have dug into with a man as voluntary, as cooperative as they said Alvarado was that night. The questions unasked and unanswered made Mullaly's recitation foolish.

“Now, was that outside, sir? Did he say he was outside, on the stairway wall?”

“He didn't say outside, but he was on the rooftop.”

“I am going to object to this answer as not being responsive,” said Sandro.

“Objection sustained. Strike it out.”

“Did he say he was outside?”

“No, he didn't, Counselor.”

“Did he say he was inside?”

“No, he didn't, Counselor.”

“Did you ask him where he was?”

“He told me where he was.”

“Well, did he say he was outside or inside?”

“Your Honor, I object to this. That has been answered.”

“Objection sustained.”

Mullaly looked at Sandro. His eyes showed that he knew what Sandro now realized.

“You say that the defendant Alvarado described how he grabbed the policeman when the policeman went past him?”

“As he passed him; yes, sir.”

“Well, did he say how far from where he was standing the policeman passed?”

“No.”

“Did you ask him how far the policeman was?”

“No.”

“And as you sit here now you do not know that detail?”

“No.”

“Did you ask him, ‘Well, did you take a step and grab the cop?'”

“No, Counselor, I didn't.”

Sandro's questions were more rapid, staccato now.

“Did you ask him, ‘Well, did you have to run five steps and grab the cop?'”

“No.”

“Did he say he just reached out and the cop was right there?”

“He didn't say that.”

“Did you ask him, ‘Did you open the door of the roof to go out and grab the cop?'”

“No, sir.”

“Did you ask him, ‘Were you hiding behind the door when you grabbed the cop?'”

“No, sir.”

“And as you sit here now, you do not know that detail, do you?”

“No.”

“Wasn't it something you thought important to know?”

“Objection, Your Honor.”

“Overruled. You may answer.”

Mullaly studied Sandro. “I wanted him to tell his story without prompting, to let him tell it without my telling him facts.”

“I move the answer be stricken, Your Honor,” Sandro moved.

“Strike it out.”

“It was more important that the statement was voluntary,” Mullaly answered.

“Did the defendant Alvarado tell you that he jumped on the cop from behind?”

“Yes, sir.”

“Did he tell you how far he jumped?”

“No, sir, he didn't.”

“Did he tell you from what he jumped?”

“From what he jumped?”

“From what? Did he tell you he was standing on the step when he jumped?”

“No, sir.”

“You don't know from where he jumped?”

“From behind the stairway wall.”

“But we don't know where that stairway wall was, do we?”

“I know where the stairway wall is, yes, sir.”

“All right, tell me.”

“Are you asking me—”

“Yes, which stairway wall was it that the defendant Alvarado said he was behind?”

“You asked me if I knew—will you repeat the question, sir? I am sorry.”

Mullaly had just staggered. Sandro had staggered the Mullaly talking machine. He took two steps closer. The jurors were on the edge of their chairs.

“I will withdraw the question and rephrase it, Your Honor,” said Sandro.

“When the defendant Alvarado said he jumped onto the policeman, did he say from which spot he jumped?”

“No, sir.”

“Well, now, was it a jump where he was actually in the air or was it just a reaching out, a lunging?” Sandro demonstrated a grab from behind as he questioned.

“I don't know, Counselor.”

“And you didn't ask him that?”

“No, sir. I didn't.”

“Not then, not later? Not at any time?”

“That's right.”

“And as you sit here now, you don't know that detail?”

“No, sir.”

“You say Alvarado said he grabbed the cop around the neck?”

“He said he grabbed the officer around the neck, with his left arm.”

“And then you say he said he reached around and grabbed the policeman's right hand?”

“No, I said the cop fell down.”

“The policeman fell first?”

“Fell down, falling forward.”

“And then?”

“And he was grabbing at his gun.”

“When the defendant Alvarado said to you that he knocked the cop down, he said the cop fell forward; is that correct?”

“He didn't say he knocked him down. He said the cop fell down, falling forward.”

“All right. Did the defendant Alvarado say that when he had his arm around the neck of the cop and the cop fell forward that he, Alvarado, fell forward with him?”

“He didn't say.”

“Did you ask him that, at any time, then or later?”

“I didn't ask him, no, sir.”

“At any rate, the defendant Alvarado was taking the gun, fighting for the gun?”

“He was grabbing at the gun with his right hand.”

“You didn't ask him whether he fell down with Lauria, right?”

“No, sir.”

“Did you ask him if he was still standing?”

“I didn't, no, sir.”

“Do you know as you sit here right now whether Alvarado fell down with Lauria or was standing?”

“I assume—”

“Not what you assume, Officer. Do you know?”

“I wasn't there.”

“You're telling us the voluntary details, Officer. Was he on the ground or standing.”

“I can't answer that.”

Sandro studied Mullaly now. “You say he told you voluntarily that he grabbed for the gun with his right hand; is that correct?”

“I object to the form, Your Honor,” said Ellis.

“Sustained.”

“This statement of Alvarado's was totally voluntary, wasn't it, Officer?”

“Yes, sir.”

“And you say Alvarado voluntarily told you he grabbed for the gun?”

“Yes, sir.”

“And then he got the gun, finally?”

“Yes, sir.”

“Did he tell you that he had to fight for it?”

“He said he struggled for the gun.”

“Was he on the floor struggling, do you know?”

“I don't know, Counselor.”

“Did you ask him that?”

“I didn't ask him that, no, sir.”

“And you don't know that detail either?”

“No, sir.”

“At any rate, he got the gun finally, is that correct?”

“Got the revolver, yes, sir.”

“And you say he said he stepped back at that point, is that correct?”

“As the officer got up on his hands and knees.”

“He stepped back?”

“Yes, sir.”

“Did he say how far he stepped back?”

“He just said he stepped back.”

“Where was he when he started to step back? Did you ask him that?”

“No, sir, I didn't.”

“Did you ask him at what point he finally stopped—how far from the cop he was when he stopped?”