Transcript 3

SUPERIOR COURT OF NEW JERSEY CRIMINAL DIVISION – MONMOUTH COUNTY
INDICTMENT NO .: 09-11-02182

Transcript of Suppression Hearing (Testimony only)

THE STATE OF NEW JERSEY,

Complainant,

-vs-

ALLEN HEIGHT and XIOMARA GONZALES, Defendants.

Place: Monmouth County Courthouse 71 Monument Park, Freehold, New Jersey 07728

Date:    May 17, 2011

 

B E F O R E:

 

T R A N S C R I P T O R D E R E D BY:

FREDERICK SISTO ESQ.

A P P E A R A N C E S:
Monmouth County Assistant Prosecutor

Attorney for the State

FREDERICK SISTO, ESQ.

Attorney for Defendant Allen Height

Attorney for Defendant Xiomara Gonzalez

 

Francesca DiBella, R.P.R., C.C.R., C.L.R., C.R.R.

Official Court Reporter Monmouth County Courthouse Freehold, New Jersey 0772

 

Samis – Recross by Mr. Sisto

MR. [Prosecutor]: I have no further questions.

THE COURT: Thank you.

RECROSS-EXAMINATION BY MR. SISTO:

Q. Detective, the upper right-hand corner of the recently disclosed report that you just reviewed, that doesn’t contain an F and a dash followed by a number, correct?

A. I don’t have it in front of me, Mr. Sisto. If you can provide me that copy?

Q. Sure.

MR. SISTO: Let the record reflect I’m approaching with S 4, your Honor.

THE COURT: Thank you.

A. Thank you. Your question again, sir?

Q. The upper right-hand corner of that report that’s in front of you, none of the pages contain an F and a dash followed by a number, correct?

A. An F and a dash followed by the number, you mean for box six or any of that corners? No, it does not.

Q. Okay. And the upper right-hand corner of every report that’s in the case discovery disc does contain an F with a dash followed by a number; isn’t
that correct?

A. I’m not sure. I don’t know who did the discovery for you, Mr. Sisto. I don’t know. I’m in the aware of that.

Q. You’re the lead detective on this case, correct, Detective?

A. I am.

Q. Are you saying you haven’t seen the disc that contains the discovery that was provided in this case?

A. What I’m saying is I don’t prepare discovery.

Q. Have you seen the disc?

A. I don’t recall.

Q. Would it help if you saw the disc now?

A. Which disc are you talking about?

MR. SISTO : If the Court will just indulge me for a moment, your Honor . Judge, this is a disc. If it’s all right with the Court, I will just approach with my laptop and go through with it with the detective. I can’t think of a better or more efficient way to do it.

THE COURT: Okay. Is there any objection? Any comment?

MR. [Prosecutor]: The only thing I would add, your Honor, is I think what Mr. Sisto is trying to do is indicate that this report was not on the discovery disc. I provided a report the last time we were here. I didn’t locate the report on the discovery disc. If he’s trying to establish that that report is not on that discovery disc, it’s not. I will consent to that.

MR. SISTO: All right. If the State will stipulate that the report is not contained in the discovery disc then we can move on.

THE COURT: Very good. Thank you.

BY MR. SISTO:

Q. Detective, who was it, you can refer to your report that’s in front of you, who was it that reviewed and signed off on your report in the bottom right-hand corner?

A. Are you talking about a supervisor, sir?

Q. Yeah, there’s initials in the bottom right-hand corner. I can’t make out who that refers to. Who is that?

A. I don’t — it could be Tommy Nuccio, sir. It could be Lieutenant Licitra. I can’t make it out either. It was — it would be a supervisor, though.

Q. Would it have been you that presented the report to the supervisor, correct?

A. Me. It could have gone to the secretary after I signed it. It would go back to the secretary and then the supervisor would get it, but if I handed him directly I don’t recall.

Q. Who is it that you think that it is?

A. I said it could be Sergeant Nuccio, it could be Lieutenant Licitra, it could be Gary Friedhoff, one of the supervisors in the unit, sir.

Q. Do you have any idea what the two initials indicate, what letters they indicate?

A. Do I?

Q. Yes. Just looking at them right now.

A. Maybe a J and an S. Could be Jim Scully possibly.

Q. That’s a detective with Monmouth County?

A. That would be a lieutenant, sir, yes.

Q. Feel free to refer to the report. The last page of it on the bottom center it’s labeled page five of four, correct.

A. Yes, sir.

Q. And that would obviously be a mistake, right?

A. That would be a typo, sir.

Q. And would you agree that mistakes are made when reports are put together in a rush?

A. I disagree with you. I think typos are made when you take your time and if it’s in a rush, typos are always made.

Q. And the designation five of four would indicate that the report began as a four-page report but materials were subsequently added, right?

A. Absolutely, no. That should be five of five. It’s just a typo, sir.

Q. Well, the first four pages read one of four, two of four, three of four, and four of four. Correct?

A. That would be correct.

Q. So they would all be typos then?

A. No, those would have been the correct way to put it. Page five should read five of five.

Q. You would you agree that one through four should read one of five, two of five, three of five?

A. Well, the five, but the numbers one, two, three, and four are correct.

Q. Did you follow Height and Gonzalez to Newark on the day in question?

A. I did not.

Q. That’s a no?

A. That would be a no.

Q. Now, Mara Gonzalez’s arrest occurred on the southbound side of the Garden State Parkway, correct?

A. Can you say that again?

Q. When Mara was arrested

A. -¬ Okay.

Q. — that occurred on the southbound side of the Garden State Parkway, correct?

A. That’s correct, south side.

Q. Before her arrest, you observed the red Camry she was in while you were conducting surveillance, correct? Try to testify from memory if you can. If you need to use a report, that’s fine.

A. Which time, sir?

Q. The day in question. You conducted surveillance, correct?

A. We did.

Q. And it was before her arrest that you observed the red Camry while you were conducting the surveillance, correct?

A. We observed the red Camry during that day, correct.

Q. You observed the Camry more particularly while it was in front of 19 Ampere Parkway, correct?

A. That was one of the locations we observed it.

Q. And at that time you were parked one block from 19 Ampere Parkway?

A. Approximately.

Q. And from that distance you observed the Camry had a temporary tag in the rear left window, correct?

A. That’s correct.

Q. Did you or anyone else take photos or video while you were conducting this surveillance?

A. No.

Q. Getting back to the stop of the Camry on the Parkway, the detectives that conducted the stop called Special Agent Crowe to relay their observations, correct?

A. That’s correct.

Q. And these detectives advised that while walking up to the vehicle directly in the back seat area they observed two bags which appeared to contain brick, correct?

A. Bricks, correct.

Q. And those detectives did not advise that they saw any loose brick-shaped objects outside of the two bags, correct?

A. From what Detective Crowe said to me was that the detectives observed bricks in the back seat area.

Q. Did Detective Crowe tell you that they observed any loose bricks outside of the bags?

A. I just answered, sir. He said they observed bricks in the back seat area. Nothing about loose bricks. They observed bricks.

Q. Nothing about them being outside of the bags?

A. That is correct.

Q. And we went over Detective Bonanno’s photos and I believe he testified earlier that you were present during the taking of those photos, correct?

A. I was present, sir.

Q. And those photos of the suspected heroin do not depict any loose bricks, correct?

A. The photos of the heroin taken in the pictures, there was no loose bricks.

Q. The photos depict all of the suspected heroin taped together in groups of five packages, correct?

A. Again, sir, I would have to look at the photos and tell you what they look like.

MR. SISTO: Your Honor, may I have this marked for identification?

THE COURT: Yes.

THE COURT CLERK: Judge, you like photos marked separately, right.

THE COURT: Yes, please.

THE COURT CLERK: He’s got them all together. Now, what are you saying?

MR. SISTO: These are color photos. There’s already been a foundation laid for black and white, the same ones. The last two color photographs were previously marked during Mr. examination.

THE COURT: Okay. So if they’ve already been marked they don’t have to be remarked. Counsel, two of those are DG 1 and DG 2. I guess the more efficient way is to use photos if they are duplicates, but if you want those marked they can be marked now but identified as —

MR. SISTO: I guess when we move everything in evidence at the end we can sort through any issues we have.

THE COURT CLERK: So what are those two? Take them out that you say are duplicates.

THE COURT: Well, are they identical.

MR. SISTO: They are identical.

THE COURT: I would ask then that you use the ones that already been marked if they are identical so there is no confusion. I realize it seems inconvenient, but I do prefer to have every photo marked individually so it’s entirely clear on the record.

THE COURT CLERK: DH 19 through DH 27.
(Photographs marked as Defendant Height Exhibits 19 through 27 for identification, as of this date)

THE COURT: When you get a chance, can you print out a new evidence log for me?

THE COURT CLERK : Yes, Judge.

THE COURT: Thank you.

MR. SISTO: Your Honor, let the record reflect I’m showing opposing counsel what has been premarked DH 19 through DH 27. May I approach the witness?

THE COURT : Yes.

Q. Detective, I’m showing you what has been marked DH 19 through 27. Can you take a moment and examine those, please.

A. Thank you, sir. Yes, sir.

Q. Okay. You’ve examined them?

A. I looked at them, sir.

Q. These photos all fairly and accurately depict the Camry and its contents on the day in question, correct?

A. Yes. I don’t see the picture of the bag in the back seat, sir.

MR. SISTO: Let the record reflect that two of the photos were left on your clerk’s desk, your Honor, I am showing opposing counsel DG 2 and DG 3. May, I approach, your Honor?

THE COURT : Yes.

Q. Detective, take a look at DG 2 and DG 3.

A. Thank you. Yes, sir. When the vehicle is transported back to DEA, these are the photographs that are taken.

Q. And those two photographs that I just showed you are the two that were previously missing from the stack, correct?

A. That is correct, sir.

Q. So now you have a total of 12 photos that fairly and accurately depict the vehicle and its contents on the day in question?

A. Again, sir, if I’m counting wrong I’m counting 11. You’re saying 12. I’m getting 11, your Honor.

MR.: Excuse me one second, Judge.

MR. SISTO: Your Honor, the last time I think — may I approach? May I have this marked?

THE COURT: Yes.

THE COURT CLERK: DH 28 for identification.
(Photograph marked as Defendant Height Exhibit 28 for identification, as of this date)

MR. SISTO: Let the record reflect I’m showing opposing counsel DH 28 for identification.

Q. Is that different than the previous 11 photos that I showed you?

A. Just added a picture. Now it’s 12.

Q. Now, it’s a pack of 12 photos that fairly and accurately depict the vehicle and its contents on the day in question?

A. That’s correct, sir.

Q. If I could have just a moment. Let the record reflect that I’m now isolating DH 27, DH 26, DH 24, and DH 25 for the witness. I ask you to examine them, Detective. I ask you, The photos that are in front of you right now, they all depict the suspected heroin taped together in a group of five packages, correct?

A. That’s correct, sir, five packages. One of the pictures indicates one Baggie to show which stamp or which product is coming out of those bricks.

Q. And that Baggie would have been removed from one of the five packages or —

A. Or added. Sometimes it’s added, so, again, the count is 50 for each brick, sir.

Q. And the size of the packages would vary depending on the thickness of the package material, correct?

A. You might be off a little bit but, again, it’s usually consistently the same, sir.

Q. To be fair, the packages in the photos would be thicker when wrapped in layers of magazine paper as opposed to a single layer of thin newspaper, correct?

A. It would be different, yes, sir.

MR. SISTO: Thank you, Detective. I have nothing further.

MR. [Prosecutor]: I have no further questions.

THE COURT: Mr. Sisto, anything else?

MR. SISTO: Briefly, your Honor.

RECROSS-EXAMINATION BY MR. SISTO (Cont’d):

Q. Detective, based on your conversations with Detective Snowden in the wire room, you remember getting information on the location of the defendants, correct?

A. Sometimes, sir. Are you saying — I don ‘t — always do we know where the defendants were? Absolutely not. But when he said that they were going to certain locations we would get that update, that is correct.

Q. And also the technology involved in the wire tapping investigation, it provides the wire room with GPS information as far as the location of their cell phones, correct?

A. Sometimes. It’s a different process, though. It’s not an updated process, sir. No, you’re wrong.

Q. And Allen was actually followed by surveillance vehicles when he and Mara separated on the day in question, correct?

A. No, he was not.

Q. He wasn’t followed by surveillance vehicles during the investigation on the day in question?

A. He was — you’re saying when he left Ms. Gonzalez, sir? I’m confused. Or was he followed that day? He was followed that day, but when he pulled off to leave Ms. Gonzalez and she was on the parkway, we stayed with Ms. Gonzalez.

Q. Well, no one prevented the other surveillance units from following Allen, correct?

A. Nobody prevented it, no, sir.

Q. And no one forced you to go to the scene of the stop on the parkway, correct?

A. Nobody forced me to go to the scene? Nobody forced me to go to the scene.

MR. SISTO: Nothing further, your Honor.

THE COURT: We’re done. Thank you very much.

THE WITNESS: Thank you, your Honor.

MR. [Prosecutor]: Your Honor, at this point the State rests. Sergeant Johnny Whitaker of the Newark Police Department is seated outside. My understanding is the defense wishes to call him.

THE COURT: At this point, I guess, Mr. Sisto you’re going to go first?

MR. SISTO: Yes, we have Sergeant Whitaker to call, your Honor.

THE COURT: Sergeant, if you would come forward and be sworn, please.

THE WITNESS: Yes.

THE COURT CLERK: Raise your right hand, place your left hand. on the Bible.

SGT. J O H N N Y W H I T A K E R, sworn by the Clerk of the Court, testified as follows:

THE COURT CLERK: State your name for the record.

 

Whitaker – Redirect by Mr. Sisto

THE WITNESS: Johnny Whitaker

THE COURT CLERK: Spell your last name. THE WITNESS: W-h-i-t-a-k-e-r.

THE COURT: You can be seated.

THE WITNESS: Thank you.

THE COURT: Is it Sergeant?

THE WITNESS: Yes, it is.

THE COURT: Sergeant, I just have a few preliminary instructions for you. We have a court reporter present. She’s taking down everything that’s being said.

THE WITNESS: Okay.

THE COURT: So I appreciate it if you would keep your voice up and all your answers are verbal. Do you understand that?

THE WITNESS: Yes, ma’am.

THE COURT: Also, because the court reporter cannot take two people speaking at the same time I’d ask that you wait for the attorney to finish before you start your answer and I would ask that counsel show you the same courtesy. Do you understand that?

THE WITNESS: Yes, ma ‘am.

THE COURT: Finally, if an objection should be made, please stop speaking. I will rule on the objection and I will advise whether or not to continue. Do you understand that?

THE WITNESS: Yes, ma ‘am.

THE COURT: Mr. Sisto.

DIRECT EXAMINATION BY MR. SISTO:

Q. Good afternoon. Directing your attention to the events on the day in question, the motor vehicle stop on Ms. Gonzalez occurred at 4:55 p.m., correct?

A. That’s correct.

Q. And Ms. Gonzalez was alone in the vehicle, right?

A. Yes, sir.

Q. And you recorded her pedigree as being 5’ 1″ inches tall, right?

A. After she was, after she exited the vehicle, that’s correct.

Q. Well, she was five foot one when she was still inside the vehicle?

A. Well, I couldn’t tell that because she was sitting inside the vehicle.

Q. She weighed 110 pounds, correct?

A. Once again, yes, after she was taken from the vehicle.

Q. And, once again, she didn’t gain any weight in between sitting in the vehicle and getting out of the vehicle, right?

A. Not that I know of, sir.

Q. She was wearing slippers at the time of the stop as well, correct?

A. Yes, sir.

Q. And you had no indication that Ms. Gonzalez had any prior criminal records, isn’t that true?

A. No, I did not.

Q. And you observed Ms. Gonzalez’s vehicle traveling south on Maybaum Avenue towards the parkway, right?

A. Well, the initial observation was westbound on South Orange Avenue crossing Grove Street.

Q. And after that you saw her traveling south on Maybaum, right?

A. Yes, sir.

Q. And officers who were also traveling southbound on Maybaum activated their lights and sirens while attempting to catch up to her, right?

A. Yes, sir.

Q. And you and officers closed the distance between yourself and Ms. Gonzalez; isn’t that correct?

A. That’s correct.

MR. SISTO: Let the record reflect I’m showing opposing counsel what has been premarked DH 4 through DH 15.

MR.: These are black and white photos?

MR. SISTO: That’s correct. May I approach the witness?

THE COURT: Yes.

Q. Sir, can you take a look at what has been marked DH 4 through DH 15. You’ve examined them, sir?

A. Yes, I have.

Q. All 12 of those fairly and accurately depict the Toyota Camry and the contents on the day in question; is that right?

A. That’s correct.

Q. And photo one is the back of Ms. Gonzalez’s car; is that correct?

A. Yes, sir.

THE COURT: I’m sorry. I had four through 15. Is there photo one there?

Q. I’m speaking of the first photo in the packet is a picture of the back of the car Ms. Gonzalez was driving, correct?

A. That’s correct.

Q. You know that because you were behind the car in the day in question, right?

A. That’s correct.

Q. And there is clearly a temporary tag in the upper left-hand corner of the back window, right?

A. Yes, sir.

Q. Now, the second photo in that batch, that would be DH 5, that’s a closeup of the temporary tag, right?

A. Yes, it is.

Q. And it clearly reads ZCM 1415?

A. Yes. I could see it clearly now, that’s correct.

Q. Now, you report your report sometime after you left the scene and returned to headquarters, right?

A. That’s correct.

Q. And that report notes that “as officers decreased the distance of the vehicle, we observed the vehicle with no visible license plate,” right?

A. Yes, sir.

Q. And nowhere in your report does it say anything about the vehicle having a temporary plate in the back of the window, does it?

A. I believe so, yes, it does.

Q. You think your report does say it?

A. Yes, it does. It should be on the first page.

MR. SISTO: Let the record reflect I’m showing opposing counsel what has been marked DH 16.

Q. Sergeant, take a look at DH 16.

A. Okay.

Q. That’s your report from the day in question, right?

A. Yes, it is.

Q. And again, I will ask you, does it say anywhere on there anything about the vehicle having a temporary plate in the back window?

A. Yes, it does. Box number 32 has the plate number, box 32, right here. ZCM 1415.

Q. So then, on the day in question, you did note the presence of a license plate in the back window, right?

A. That’s correct.

Q. Now, after Ms. Gonzalez stopped her vehicle you saw her leaning into the passenger side and fumbling with something; is that right?

A. That’s correct. I could see her leaning over fumbling with an unknown item.

Q. And in your experience it’s fair to say that a driver leaning towards the passenger side is more times than not reaching for their credentials after a stop, true?

A. That’s correct.

MR. [Prosecutor]: Your Honor, at this point in time I would just like to indicate this is direct examination. I would ask if the questions could be opened up. Sergeant Whitaker hasn’t been hostile at all. He’s been answering all the questions.

MR. SISTO: I’d like to be heard on that, your Honor. He’s obviously affiliated with an adverse party in this case. Number two, Evidence Rule I believe it’s 611 doesn’t apply to these proceedings. Only 403 does. And, most importantly, the vast majority of the questions that were elicited through Detective Samis and the others by the assistant prosecutor were in a leading fashion.

THE COURT: Go ahead. Is there anything-there was no objection to the leading nature of the previous questions, though?

MR. SISTO: No, there wasn’t because I realized that Rule 611 doesn’t apply to this proceeding.

THE COURT: I will permit a certain amount of leading, but on critical areas questions should be asked in a fashion that does not suggest the answer. Okay?

MR. SISTO: Okay.

BY MR. SISTO:

Q. Sergeant, is it your testimony that Detective Wilfredo Perez observed the bags containing suspected CDS on the passenger seat?

A. That’s correct.

MR. [Prosecutor]: I will object to that, as to what Wilfredo Perez saw. If it’s indicated in his report, that’s a different story.

THE COURT: Mr. Sisto, do you want to be heard on that?

MR. SISTO: I’m sorry. I don’t understand the nature of the objection. I asked him if Wilfredo Perez indicated to him that he observed bags containing suspected CDS in the passenger seat.

THE COURT: That wasn’t your question, though. I think your question was did Perez see it, and I think that was the nature of the objection. Are you asking him what is contained in the report or are you asking him what was told to him by Perez or are you asking him to divine what Perez knew or saw. I don’t understand the question.

BY MR. SISTO:
Q. Based on your report, your report, your personal report indicates that Detective Wilfredo Perez observed bags containing suspected CDS on the passenger seat, right?

A. That’s correct.

Q. And you’re the supervisor that read, classified, and approved Detective Perez’s reports, correct?

A. That’s correct.

Q. And isn’t it true that Detective Perez’s reports don’t say anything about observing bags or CDS on the passenger seat?

MR. [Prosecutor]: I’m going to object to this. I’m not aware of any report written by Wilfredo Perez. I’m not sure what is being referred to in the question

MR. SISTO: I can get the report, if it helps.

THE COURT: Thank you.

MR. SISTO: Let the record reflect I’m showing opposing counsel what has previously been marked DH 3. If I could approach the witness with DH 3?

THE COURT: Yes.

Q. And ask you to take a look at it, Sergeant. You’ve examined it, sir?

A. Yes, I have.

Q. That’s Detective Perez’s arrest report and related reports, correct?

A. Yes, it is.

Q. Okay. And, again, Detective Perez’s reports don’t say anything about observing bags or CDS on the passenger seat, correct?

A. No, not in the arrest report or property report, no, it does not.

Q. Now, returning to this packet in front of you, photos that begins with DH 4, the fourth photo in this packet, if you would turn to that. It shows two bags on the floor in the back of Ms. Gonzalez’s car, correct?

A. That’s correct.

Q. And shows those bags on the driver’s side floor of the back seat, right?

A. That is correct.

Q. And I will ask you to take a look at the whole packet again if you need to. None of these photos depict any brick-sized items outside of the bags on the vehicle floor, do they?

A. No, they do not.

Q. Now, sir, you work in narcotics, correct?

A. That’s correct.

Q. And it’s fair to say that heroin is an off-white or sometimes off-brown powder substance, right?

A. That’s correct.

Q. And it’s also fair to say that none of those photos depict any off-white or off-brown powder substance anywhere in the photos, do they?

A. No, they do not.

Q. And that’s because all of the suspected heroin was wrapped in opaque magazine paper; is that right?

A. That’s correct.

Q. With respect to these photos; your report makes no mention of the existence of these photos; isn’t that true?

A. That’s correct.

Q. Your report does indicate that Detective Perez observed these bags on the passenger side seat of the vehicle, right?

A. Yes, sir.

Q. Again, Detective Perez’s reports that you read, classified, and approved, they don ‘t say anything about observing suspected bricks of heroin at all, correct?

A. No, they were basically they were arrest sheets and property reports. The incident report was done by myself which has that information inside.

Q. Getting back to your report, officers ordered Ms. Gonzalez out of the vehicle and placed her under arrest on the side of the parkway, correct?

A. That’s correct.

Q. And was Ms. Gonzalez asked to sign a Consent to Search form?

A. No, not that I know of.

Q. And it was after Ms. Gonzalez was placed under arrest that Detective Perez entered the vehicle and retrieved the suspected heroin, correct?

A. That’s correct.

Q. And on the scene around the time that Detective Perez entered the vehicle, there were multiple detectives and police officers, right?

A. That’s correct.

Q. All right. So, for example, Detective Thomas was on the scene, right?

A. Yes, with Detective Perez.

Q. That makes two. Detective Perez. A third would have been Detective Feliciano, right?

A. That’s correct.

Q. A fourth would have been Detective Ramirez.

A. Yes, sir.

Q. The fifth officer on the scene would have been yourself?

A. Yes, sir.

Q. Detective Samis was nearby, he would make six?

A. Yes, sir, that’s correct.

Q. He was with Special Agent Crowe, that would make seven, right?

A. That’s right.

Q. And there were some other uniformed officers, I take it, on the scene as well?

A. No, it was basically Detective Perez and Thomas in uniform?

Q. So seven that we know of?

A. Yes.

Q. Is there any chance that there was one or two more officers on the scene?
A. Could have been, but I don’t recall.

MR. SISTO: I have nothing further, Sergeant.

 

THE COURT: Mr. Sisto?

REDIRECT EXAMINATION BY MR. SISTO (Cont’d):
Q. Sir, would you agree that sitting here today there’s no need to protect the existence of the wire investigation, correct?

A. That’s correct.

Q. Yet, you testified still that Feliciano drove the vehicle on the day in question, correct?

A. Well, I testified Simus (sic) drove the vehicle.

Q. Before that, though, would you agree that you testified it was Feliciano that drove the vehicle from the scene?

A. No, at no time did I testify that Feliciano drove the vehicle. I indicated my reports states Feliciano drove the vehicle.

Q. The vehicle you said that you observed the contents of what was seized back at headquarters —

A. Yes, sir.

Q. — that would be at the Newark Police Department headquarters?

A. That’s correct.

Q. So would it be accurate to say that the contents were taken directly to DEA headquarters?

A. Yes, they were. They were initially taken to DEA.

Q. And then they were taken to the Newark Police Department headquarters?

A. Yes, sir.

Q. Were you present at DEA headquarters?

A. No, I was not.

Q. So you didn’t observe them taken to DEA headquarters, correct?

A. No, sir.

Q. So aside from DEA headquarters and Newark headquarters, where else was the evidence taken?

A. From my understanding, just those two places.

Q. You also testified that there was heavy traffic at the time of the motor vehicle stop, correct?

A. Yes, there was.

Q. Would you agree, though, that — strike that. Would it surprise you that Detective Perez testified that the traffic was light on the day in question?

A. Yes, it would be. Yes, it was heavy traffic, definitely.

Q. And have you seen how his motor vehicle summonses all note that the traffic was light at the time of the stop?

A. No, I did not observe any summonses.

MR. SISTO: I have nothing further, your Honor.