PART 35 (66 page)

Alvarado testified there were only two or three questions asked. That was all.

Sandro's eyes lighted up as he read. “This is great, Sam, great.” He pointed to some questions and answers.

“No wonder Ellis didn't want to put this in evidence.”

Sandro read rapidly through the document, marking passages.

Ellis asked Alvarado about the introduction D.A. Brennan made, of the preliminary questions. Alvarado denied that such took place. Each denial gave Ellis more reason to read further into the document, attempting to refresh Alvarado's recollection and, at the same time, drive home the inculpatory statements.

“Now, Alvarado,” Ellis said, “do you remember District Attorney Brennan asking you these questions, and your giving these answers? ‘Question: Didn't you tell the police that you panicked and went after the cop and took his gun away from him? Answer: I said that. Question: Did you tell that to the police. Answer: Yes.' Do you remember those questions and answers?”

“No, sir. I don't say that.”

Ellis looked blankly at Alvarado.

“Well, do you remember these questions and these answers? ‘Question: Did you tell the police that you shot the cop? Answer: Yes. Question: Was that the truth? Answer: Yes, that's the truth. Question: That is the truth? Answer: Yes, that's the truth.' Do you remember those questions and answers?”

“I don't say that. He don't ask me those things.”

“He's not reading all of it,” said Sandro.

“What did you expect?”

Alvarado insisted that the D.A. had asked him three questions at most. He said he had denied being on the roof to Brennan, denied having anything to do with the crime, and denied shooting the cop. That was the extent of the examination by the D.A.

Ellis kept reading questions from the document. Even where the answers were helpful, Alvarado steadfastly denied having been asked the questions, having given the answer.

“Why the hell would a guilty man deny a statement like this? It's a repudiation. Why would he deny it?” Sam asked rhetorically.

“I don't know. Except it seems that he really believes he didn't make it. I can't believe that the D.A. would fake a statement, and if he did that he'd make up one like this. Alvarado might have been groggy from the beating and didn't remember all the questions that were asked.”

Alvarado continued to insist that he had never made any statement to the D.A. Ellis eased away from the statement, embarking upon the subject of the hundred-dollar bills. Ellis wanted information about the man who gave the money to Alvarado. But Alvarado was cagy. He said the man's name as far as he knew was Paco, but he didn't know if it was his real name, or where he lived.

Alvarado testified that he was supposed to buy one ounce of heroin for Paco and meet him on Allen Street near Delancey the night after the day he received the money. He said he showed up to tell Paco he hadn't made contact yet, but Paco never appeared, and Alvarado had not been able to catch up with him thereafter.

Ellis had no further questions.

Sandro rose, in his hand the question-and-answer statement that Ellis had been reading.

“Mr. Alvarado, do you remember District Attorney Brennan asking you these questions and your answering as follows—”

“I object, Your Honor. Same objection as that to reading Hernandez's statement. This statement is not in evidence and can only be read as a prior inconsistent statement. Defense counsel, however, cannot impeach his own defendant. I object.”

“I'll hear you on that, Mr. Luca.”

“Rather than respond to the argument, Your Honor, I'll offer the document in evidence, in toto.” He looked at Ellis. Ellis couldn't object to his own statement.

“Received,” said Judge Porta, nodding.

“I would also like to offer into evidence the statement allegedly made by Mr. Hernandez that Mr. Ellis referred to before.”

The judge looked at Ellis. Ellis just looked back at the judge for his reaction.

“Received,” said the judge.

The jurors were moving to the edges of their seats again.

“May I first read the portions of Mr. Hernandez's statement that Mr. Ellis left out.”

“Objection, Your Honor. First of all I don't have to read the entire document. I can use any part I need for my cross-examination. And Mr. Luca knows it. Second, he's defending Alvarado, if he remembers it or not.”

“First of all, Your Honor, I didn't say Mr. Ellis had to read the entire document. I just want to read what he left out. Second, anything that will show Hernandez not guilty also helps the defendant Alvarado. This is a joint trial.”

“Proceed.”

Sandro turned to the jury and began to read from the Hernandez statement:

Question: Did you see the policeman come onto the roof?

Answer: Yes.

Question: Did he have his gun in his hand?

Answer: No.

Question: He didn't? You say, he didn't?

Answer: He had his club.

Question: His nightstick?

Answer: Right.

Question: Did you see Alvarado jump on the cop?

Answer: He got scared and ran away.

Question: Alvarado, you say, ran away?

Answer: Yes, he was climbing the wall to go away. The policeman grabbed him and pulled him back off the wall.

Question: Did you see Alvarado fight with the policeman?

Answer: Yes, then he fight for the club. The cop fell to the ground. Alvarado got the gun then.

Sandro looked up at the jury. The jury looked confused.

“Now, Your Honor, I'd like to read those portions of the alleged question-and-answer statement relating to the defendant Alvarado that Mr. Ellis left out.”

“Your Honor, I object to this insistence by Mr. Luca that I left portions out. I do not have to read in its entirety a document I am only using as a prior inconsistent statement.”

“Your Honor, I think Mr. Ellis protests too much. He didn't read the entire document. I want to read the portions he left out, the ones he did not read. That is a fair statement.”

“Proceed, without speeches, please.”

“I'll start with the top of page three.”

Sandro read aloud:

Question: Didn't you tell the police that you went into the building with Hernandez and went to the apartment and broke into the apartment?

Answer: Yes, sir.

Question: And was that the truth?

Answer: No, sir.

Question: You're saying it wasn't the truth?

Answer: No, sir.

Question: It was a lie?

Answer: Yes.

Question: Who made it up?

Answer: I do.

“At the bottom of page six now,” said Sandro. He continued reading to a completely hushed courtroom:

Question: Didn't you tell the police that you panicked and went after the cop and you took his gun away from him?

Answer: I said that.

Question: Was that the truth?

Answer: No, sir.

Question: Did anybody tell you to say these things? You're shaking your head.

Answer: You don't know what happens with those kind of persons over there.

Question: What kind of persons?

Answer: Prison.

Question: The prison?

Answer: The prison. See my hands from having cuffs.

Question: Did you tell the police that you shot the cop?

Answer: Yes.

Question: Was that the truth?

Answer: Yes, that's the truth.

Question: That is the truth?

Answer: Yes, that's the truth.

Question: That you did shoot the policeman?

Answer: Yes, sir. I know they're going to break my ass over there, that's why I said that.

Question: Pardon?

Answer: I know they're going—

Question: Was that the truth?

No response.

Question: How many times did you shoot?

No response.

Question: How many times did you shoot the policeman?

No response.

Question: What happened to you in the station house? You're shaking your head.

No response.

Question: Did the police tell you to say these things?

Answer: Why don't you take me out of here?

Question: Pardon?

Answer: Don't leave me here.

Question: In this room?

Answer: In this building at all.

Question: Now Mr. Alvarado, did you tell me, is that correct, just a short time ago that it was the truth when you said you shot the cop? Now is that the truth?

Answer: I wish to answer you outside of here.

Question: You wish to answer me. You would talk to me in some other room?

Answer: Not here in this building.

Question: Well, what is it, Luis? Why can't you tell me here? What is it?

Answer: Because I'm afraid.

Question: What are you afraid of?

Answer: I'm afraid they'll kill me back there.

Question: Who is going to kill you?

Answer: All these guys here.

Question: You mean the police?

No response.

Question: What would they want to kill you for?

Answer: I don't know. I'm going to catch TB or something. I can't hold my chest too much.

Sandro paused. There was now a slight movement in the courtroom, as if everyone present were taking the opportunity to draw a breath again.

“And the final passage, on page twelve, Mr. Ellis.” Sandro resumed:

Question: Did the police ask you questions about the shooting that took place on the roof of One fifty-three Stanton Street?

Answer: Yes.

Question: And you told them certain things, is that correct?

Answer: Yes.

Question: Before, and on the record, you told me, with the exception of one thing, that what you told the police wasn't true. Right?

Answer: Yes.

Question: Now, although you don't have to answer my questions because you have a right to be advised by a lawyer, is what you told the police the truth?

Answer: It wasn't the truth.

Question: It was not the truth or it was?

Answer: It wasn't.

Question: But you did say, am I correct, when I asked if you shot the cop, you did say, yes, that was the truth. Is that correct?

Answer: I was afraid.

Question: You were afraid of what?

No response.

Question: You don't have to answer any of my questions. Now, if after you have been advised by a lawyer, after you have talked to a lawyer about this case, you still wish to talk to me—

Answer: Yes, I want to talk to you, yes.

Question: All right, one last question. Do you have any complaints against the police department as to how you were treated?

Answer: I don't answer that question.

Question: You can't answer that question, or you don't want to answer the question?

Answer: I don't want to.

“I have no further questions.” Sandro walked back to the counsel table.

Ellis had no further questions.

“At this point, Your Honor, the defendant Alvarado rests,” Sandro announced.

The judge nodded. “Does the district attorney have anything further.”

“Yes, Your Honor,” said Ellis.

“All right, we'll recess for today. Do not discuss this case, members of the jury.”

As the jurors filed out, they stole furtive glances at the counsel table.

“That's a good sign,” said Sam. “They never look at you if they're against you.”

CHAPTER XXXII

Sandro and Mike entered the building where Abdul Safi had his dress factory. They walked up four flights of steps and entered the loft. It was a long, open floor, with cutting machines and sewing machines spotted between long low tables at which men and women worked on the garments. A man was standing at one of the tables, cutting material. Many women, talking rapid Spanish, were sliding material under the dancing needles. Some women looked up, studying the two strangers. They started whispering and smiling among themselves.

A small, dark man approached them. He spoke Spanish.

“This is Abdul Safi,” said Mike.

“Spanish?”

“All the people who work here are Spanish. He has to speak Spanish, too.”

“Tell him I'm the attorney for the fellow accused of killing the cop on the roof. Tell him that Mrs. Hernandez told us he saw what was going on. She told us to get in touch with him.”

Mike spoke to him again. Safi answered, then motioned for them to follow him. He called one of the men who worked for him to accompany them.

“This other fellow and Safi were here the day that Lauria was killed. One of the broads on the sewing machines happened to be looking out the window and saw the cops in the yard. Safi and this guy went to the back, on the fire-escape platform, and were just watching. They saw the cop going up to the roof, heard the shots. The whole bit.”

Safi opened the rear door, and Sandro, Mike, Safi, and the other worker, who was introduced as Pete Sanchez, stepped onto the platform. It faced the rear of the buildings on Stanton Street. Safi started to describe the scene in Spanish. Occasionally, Sanchez contributed something. Mike listened, nodding.

“What's the story?” Sandro asked.

“The woman saw the cops in the yard over there,” Mike said, pointing toward the back of 153 Stanton Street. “And then they saw one cop go up the fire escape, and the other run around to the front. When the first cop was almost to the top, Safi saw him draw his pistol and then go over the top. A few minutes later, they heard shots.”

“Did he see anyone besides the policeman on the roof?” Sandro suggested.

Mike asked. Safi and Sanchez both replied.

“No. They just saw the cop go up, and then they heard the shots. They couldn't see anyone up there at any time.”

“While the cop was going up, did they see anyone looking over the top down toward the cop?”

Mike asked. “No,” he finally translated.

“After they heard the shots, did they stay on the fire escape?” Sandro asked.