in the iowa district court, in and for dubuque county...

of 5

IN THE IOWA DISTRICT COURT, IN AND FOR DUBUQUE COUNTY

STATE OF IOWA,

Plaintiff,

vs.

IMERE DEJON HALL,

Defendant.

01311 FECR119297

MOTION FOR NEW TRIAL

COMES NOW, the Defendant, by and through his attorneys and in support of his Motion

for New Trial states:

1. On or about March 7, 2017, a jury convicted the defendant of murder in the first degree and

robbery in the first degree.

2. Pursuant to Iowa R. Cr. P. 2.24(2)(b)(6), if the verdict is contrary to the law or evidence, the

defendant is entitled to a new trial.

3. The verdict is contrary to the law or evidence.

4. At the time of trial, the burden was on the state to prove every element of the crime

beyond a reasonable doubt. State v. Stevens, 719 N.W.2d 547, 549 (Iowa 2006).

5. This e ui e e t is i posed the defe da t’s ight to due p o ess. Id.

6. When a defendant moves for a judgment of acquittal, the Court reviews whether the

evidence is sufficient and reviews the evidence in the light most favorable to the state.

State v. Ellis, 578 N.W.2d 655, 658 (1998).

E-FILED 2017 MAR 28 2:20 PM DUBUQUE - CLERK OF DISTRICT COURT

of 5

7. Whe the defe da t o es fo a e t ial, ho e e , the Cou t’s e ie a d po e is

u h oade and the Court weighs the evidence, both inculpatory and exculpatory and

can reach issues of witness credibility. Ellis, 578 N.W.2d at 658-659.

8. To be guilty of murder in the first degree, the defendant or someone he aided and abetted

must have been participating in the offense of robbery in the first degree or robbery in the

second degree. The weight of the evidence does not support a conclusion that the

defendant was participating in either offense.

9. Ale ea Lo a di testified that the sho te gu i.e.: I e e Hall stu k his ha d out to

protect her. “he as asked But ou felt that i so e a e he [I ere Hall] was

p ote ti g ou; o e t? He a s e as, Ki d of. But it as ei d. (Partial Transcript,

attached hereto, p. 45, lines 8-10). It ould i fa t e ei d fo so eo e ho i te ds to

commit a robbery to protect one of the intended victims. So weird, in fact, that it shows he

was not participating in the robbery.

10. He did this to hold someone back as the other two males were demanding money from her

and from Collin Brown. Imere Hall was not committing a theft. The defendant was not

stealing property. The defendant was not assaulting or threatening Colling Brown. The

defendant was not aiding or abetting anyone doing either of those things. The defendant

was interfering with the act by telling Alecea Lombardi that she was going to be okay and

stopping one of the other males from stealing from or threatening or assaulting her.

Interference with criminal acts is neither committing the acts nor aiding and abetting

anyone who committed the acts.


of 5

11. For the same reasons, the weight of the evidence does not support a verdict of guilty of

robbery in the first degree.

12. The i po ta e of this e ide e as e ide e that o pletel u de i es the “tate’s

asse tio s is sho the “tate’s isstate e t of the e ide e i e uttal. E e though

Alecea Lombardi testified that Mr. Hall put his arm up to protect her and hold someone

a k, the “tate a gued that “he e e said he stu k out a a to p ote t. “he said he did

so ethi g ith his a , ut he as ’t p ote ti g e. Pa tial t a s ipt, p. line 20-22).

13. The defe da t testified a out his i te t goi g to Colli B o ’s t aile , hi h as to u

drugs, not commit a robbery. The Court can consider exculpatory evidence in determining

whether the weight of the evidence supports the verdict. While the State focused on Mr.

Hall’s la k of ho est he he as i te ogated ig o i g that the DCI age t as o eali g

facts [i.e.: being dishonest]), the State ignored the evidence that supported what Mr. Hall

testified to. He de ied ea i g “tate’s E hi it – the hite Nike shoes. “tate’s e hi it

shows the defendant wearing dark shoes. This can be known because the shooter is clearly

wearing white shoes. If Mr. Hall were wearing white shoes they would be visible on the

video. This is relevant because it bolste s M . Hall’s edi ilit , a issue the Cou t a also

consider.

14. Assuming, for the sake of argument only and without conceding, that the weight of the

evidence supports a verdict of robbery in the first degree, the robbery was done and the

defendant had withdrawn from the scene when Collin Brown was shot.

15. “tate’s E hi it o sists of ideo lips f o the Goesse t aile . Clip .AVI sho s

where Imere Hall was when Collin Brown was shot. He was in front of the trailer (the side


of 5

nearest the street) walking. He had no control over where Taylor Shaw had parked the car

and was walking to it from the scene of the robbery. Iowa Code § 702.13 says that a person is no

lo ge pa ti ipati g i a pu li offe se he the pe so has ithd a f o the s e e of the

i te ded i e. Assu i g, fo the sake of a gu e t o l , that I e e Hall i te ded to o it a

o e , the s e e of the i te ded i e as Colli B o ’s t aile .

16. Clip 21000123.AVI shows that the shooter came from the opposite side of the trailer that Imere Hall

was walking on. It is clear that the shooter followed Collin Brown after he exited his trailer and that

at some point Collin Brown fled behind the trailers to a wooded area not intended for walking still

pu sued the shoote . I e e Hall’s position as shown in Clip 21000123.AVI belies any assumption

that he as pu sui g o pa ti ipati g i the offe se of t i g to shoot Colli B o . I e e Hall’s

position is further verified in Clip 21000619.AVI, the video from the front of the trailer. In that clip,

Mr. Hall and his shadow are seen on the video not only walking, not running, in the street, but

moving towards the side of the street where the Pontiac G6 was parked. He is walking to the car. He

is not running and chasing Collin Brown. He has nothing to do with the shooting. At that time, the

robbery was done. He had withdrawn from the scene and was not participating in a robbery.

17. The evidence does not support a verdict of guilty for either charge on which the defendant

was convicted.

WHEREFORE, the Defendant respectfully requests that the Court enter an Order for a new

trial in this matter.

Respectfully submitted,

IMERE DEJON HALL, Defendant

By: /s/ Steven J. Drahozal Steven J. Drahozal, ATP310006

ASSISTANT PUBLIC DEFENDER


of 5

590 Iowa St. Ste. 1

Dubuque, IA 52001

(563) 582-0750 (Telephone)

(563) 582-3576 (Facsimile)

[email protected] (e-mail)

/s/ Thomas J. Goodman

Thomas J. Goodman, ATP310002

FIRST ASSISTANT PUBLIC DEFENDER

590 Iowa St. Ste. 1

Dubuque, IA 52001

(563) 582-0750 (Telephone)

(563) 582-3576 (Facsimile)

[email protected] (e-mail)


mailto:[email protected]

mailto:[email protected]

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

1

IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY

STATE OF IOWA, )) CASE NO. FECR119297

Plaintiff, ))

vs. ) PARTIAL TRANSCRIPT)

IMERE DEJON HALL, ))

Defendant. )

March 1, 2017Dubuque County Courthouse

Dubuque, Iowa

BEFORE: Hon. THOMAS A. BITTER, Judge

APPEARANCES:

DOUGLAS HAMMERANDOFFICE OF THE ATTORNEY GENERAL1305 EAST WALNUT STREETDES MOINES, IA 50319

ANDALISHA STACHASSISTANT COUNTY ATTORNEYDUBUQUE COUNTY ATTORNEY'S OFFICE720 CENTRAL AVENUE, FOURTH FLOORDUBUQUE, IA

APPEARED ON BEHALF OF THE STATE OF IOWA

THOMAS GOODMANSTEVEN DRAHOZALASSISTANT PUBLIC DEFENDERS509 IOWA STREET, SUITE 1DUBUQUE, IA 52001

APPEARED ON BEHALF OF DEFENDANT

REPORTER: Kelly Neyen, CSR, RPRDubuque County Courthouse720 CENTRAL AVENUE, THIRD FLOORDubuque, IA 52001

TRANSCRIPT ORDERED: March 7, 2017TRANSCRIPT DELIVERED: March ___, 2017


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

2122

23

24

25

2

INDEX

WITNESS EXAMINATION ATTORNEY PAGE

ALECEA LOMBARDI DIRECT HAMMERAND 3CROSS GOODMAN 42

EXHIBIT

EXHIBIT OFFERED ADMITTED

State's Exhibit No. 14........... 6 6State's Exhibit Nos. 1 - 2....... 8 8State's Exhibit No. 18........... 15 15State's Exhibit No. 13........... 26 27State's Exhibit No. 17........... 28 29State's Exhibit Nos. 19 - 34..... 35 35

CLOSING ARGUMENT/REBUTTAL....................... 47

Certificate of Shorthand Reporter............... 62


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

3

(This begins the requested portion of

transcript.)

THE COURT: Thank you, counsel. Okay. Do we

have a witness for the State.

MR. HAMMERAND: We do, Your Honor. The State

would call Alecea Lombardi to the stand.

ALECEA LOMBARDI,

having been called as a witness on behalf of

the State, having been first duly sworn by the Court,

was examined and testified as follows:

THE WITNESS: Yes.

THE COURT: Go ahead and have a seat. State

your name and spell it for the record, please.

THE WITNESS: Alecea Lombardi. It's

A-l-e-c-e-a L-o-m-b-a-r-d-i.

DIRECT EXAMINATION

BY MR. HAMMERAND:

Q. Thank you. Ms. Lombardi, for the record,

will you tell us what town you live in?

A. Dubuque, Iowa.

Q. And were you raised in Dubuque?

A. Yes.

Q. What's your date of birth?

A. 4-17-95.

Q. Ms. Lombardi, did you know Collin Brown?


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

4

A. Yes.

Q. And how did you know Mr. Brown?

A. He was my boyfriend.

Q. How long were you two dating?

A. Almost two years.

Q. And at some point did you and Mr. Brown move

in together?

A. Yes.

Q. In April of last year, where would you have

been living?

A. In Key West.

Q. Was there a particular apartment complex or

something you were living in?

A. Yeah, the trailer park in Key West across

from Casey's.

Q. Did your trailer have a certain number do

you remember?

A. Yeah, it was 9442 Noonan Street, Lot 749.

Q. And in April of 2016, who else would have

been living there?

A. Me and my kids and Collin.

Q. Let's start with your kids. How many

children do you have?

A. Two: My son Rylee, he would have been six

at the time, and then my daughter Myah would have been


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

5

six months.

Q. Your son Rylee, was that Collin's biological

son?

A. No, but he treated him like his own.

Q. Did Collin help you raise him?

A. Yeah.

Q. And how about your daughter, Myah, was that

Collin's biological daughter?

A. Yes.

Q. And in April she would have been six months

old?

A. Yeah.

Q. And approximately how old was Collin back

then?

A. He was twenty-one.

Q. Were you working in April of last year?

A. Yes.

Q. And about how many hours a week would you

work?

A. About 30ish.

Q. And did you have -- do you have training in

a certain area?

A. Yeah, I'm a certified nurse aide.

Q. Did Collin do any work outside the home?

A. He did construction work with his friend.


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

6

Q. When he did construction work, do you know

did he get paid like by a check or how did he get

paid?

A. Cash.

MR. HAMMERAND: May I approach the witness, Your

Honor?

THE COURT: Yes.

Q. (BY MR. HAMMERAND) Ms. Lombardi, I've

handed you State's Exhibit No. 14. Can you tell us

what this picture shows?

A. It's a picture of Collin on his birthday, on

his 21st birthday. I took it.

MR. HAMMERAND: The State would offer into

evidence State's Exhibit No. 14.

THE COURT: Any objection?

MR. GOODMAN: No objection, Your Honor.

THE COURT: State's Exhibit 14 is admitted.

(State's Exhibit No. 14 was admitted into

evidence at this time.)

MR. HAMMERAND: Permission to publish, Your

Honor?

THE COURT: Yes.

Q. (BY MR. HAMMERAND) Alecea, I have Collin's

picture on, and you said this was his twenty-first

birthday?


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

7

A. Yes.

Q. Did Collin have family in the area as well?

A. Yeah, his dad and his brother.

Q. Ms. Lombardi, at that time -- let me ask the

question this way: Did you know if Collin Brown was

selling drugs?

A. Not at the time, no.

Q. Before April did you know?

A. Yeah, I knew he did it in the past.

Q. Okay. In April of 2016, you didn't know he

was doing that?

A. No.

Q. And you mentioned you lived in a trailer

park. I want to show you a couple satellite photos.

MR. HAMMERAND: May I approach again, Your

Honor?

THE COURT: Yes.

Q. (BY MR. HAMMERAND) Ms. Lombardi, I'm

showing you State's Exhibit No. 1. Do you see that?

A. Yes.

Q. It appears to be -- what does it appear to

be?

A. The picture of the trailer park.

Q. And when you look at -- you've seen this

before today?


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

8

A. Yeah.

Q. Does it appear to show where trailers would

have been located in Table Mound Trailer Park in April

of 2016?

A. Yes.

Q. And then State's Exhibit No. 2, is this just

a close-up of some of the last row?

A. Yes.

Q. State's Exhibit No. 2, does that also show

where you and Collin would have been living?

A. Yes.


evidence State's Exhibit No. 1 and State's Exhibit

No. 2.


MR. GOODMAN: No objection.

THE COURT: State's Exhibits 1 and 2 are both

admitted.

(State's Exhibit Nos. 1 and 2 were admitted

into evidence at this time.)

MR. HAMMERAND: Permission to publish?

THE COURT: Yes.

Q. (BY MR. HAMMERAND) Ms. Lombardi, are you

able to see State's Exhibit No. 1? It's on an easel

now.


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

9

A. Yes.

Q. And I'm going to hand you a laser pointer,

if you push down on the red button, do you see that?

A. Yeah.

Q. If you could, show the jurors where you had

been living with Collin in April of 2016.

A. Right there (indicating).

Q. And for the record, you're showing the last

row of trailers towards the bottom of the map?

A. Yes.

Q. The trailer on the far right?

A. Yes.

Q. Okay. Thank you. Do you want to hold that

one second? I'm going to put up State's Exhibit

No. 2. Before I do that, do you remember how the

layout of the trailer park was? Was it all flat?

A. No.

Q. Explain how the layout was.

A. When you come in, you go in right here and

there's a little hill right there (indicating) and

right there (indicating) and then you go around and

down here, and there's a big hill right there

(indicating) and at the end right there of where we

lived. This is kind of flat right here (indicating).

Q. So where your trailer was located, it was


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

10

flat?

A. Yeah, and there was a bunch of woods around

it.

Q. But as you went up the trailer park, it kept

going up a hill?

A. Yeah.

Q. And then State's Exhibit No. 2, can you show

us on State's Exhibit 2 now where your trailer would

have been located?

A. The last one right there (indicating).

Q. And can you briefly describe the layout of

the trailer, like, bedrooms?

A. Yes, a three-bedroom. You walk in, it's

like a kitchen and living room, kind of open area, and

then my bedroom was in the back and the kids' was in

the front of the trailer.

Q. Back in April of 2016, did you and Collin

each have cars or trucks?

A. We had my Jeep, but he didn't drive. He

didn't have a license.

Q. So you had a Jeep?

A. Yeah.

Q. And would there have been any other cars in

your driveway for people that would have been staying

there with you?


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

11

A. No.

Q. I'm going to ask you, Ms. Lombardi, some

questions about April 1st of last year. This would

have been a Friday night or Friday. Do you remember

if you had to work that day?

A. No, I didn't.

Q. So do you have any recollection during the

day at all what you were doing?

A. Yeah. Me and my friend -- my friend came

over, her name's Samantha Schuster, and we went

shopping that day.

Q. Did you take the kids with you?

A. No, Collin watched them at home.

Q. So you and Ms. Schuster were out shopping.

What town?

A. In Dubuque. We went to the mall.

Q. Do you remember at what time you would have

got back from shopping?

A. Around dinnertime.

Q. And everybody has a little bit different

dinnertime.

A. Like, five-ish.

Q. What did -- did you come back by yourself?

A. I came back with Samantha.

Q. What did you do then the rest of the


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

12

evening?

A. We watched a movie, and then we went and

picked up her boyfriend, Cooper, later on at Hy-Vee on

Dodge Street, and we came back to the trailer.

Q. All right. So I want to back up. You get

back, you and Ms. Schuster, around dinnertime.

Anybody at the trailer when you got back?

A. Yeah, Collin and the kids were.

Q. You watched a movie. Did any other adults

come over to the trailer?

A. Later on that night Collin's friends did,

yeah.

Q. And do you know how many friends Collin had

come over?

A. Just two.

Q. So you mentioned then you and Samantha

Schuster left to get her boyfriend?

A. Yeah.

Q. Did Samantha Schuster have a car there that

night?

A. Yeah, a Malibu.

Q. Did you take your car or her car?

A. Her car.

Q. I'm sorry?

A. Her car, yeah.


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

13

Q. Why did you go along?

A. I just wanted to get out of the house.

Q. And then you and Samantha went to you said

Hy-Vee on Dodge?

A. Yeah, to pick up her boyfriend.

Q. And came back to where?

A. To my trailer.

Q. What did you guys do then when you got back

to the trailer?

A. We just kind of hung out and watched a movie

again, and then Collin's friends came over.

Q. Now, when you came back from picking up

Ms. Schuster's boyfriend, do you know were you

drinking any alcohol that night?

A. Yeah, we were drinking a little bit.

Q. What did you have to drink, if you know?

A. I had two shots of vodka.

Q. How do you know it was only two shots?

A. I was breastfeeding at the time. I didn't

do much.

Q. Do you know how long your friend Samantha

Schuster and her boyfriend stayed?

A. Until 1:30.

Q. How about Collin's friends, were they still

there?


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

14

A. No, they all left at the same time.

Q. Now, around 1:30, were your kids up yet?

A. No. They were sleeping. My daughter was

sleeping in my bedroom and my son was sleeping in his

bedroom.

Q. And your daughter sleeping in your bedroom

would be the front or back of the trailer?

A. Back.

Q. And your son's room would have been the

front of the trailer?

A. Yes.

Q. So when Collin's friends left, how did they

get home?

A. They had their own car.

Q. How about your friend and her boyfriend, how

did they get home?

A. They left with her car.

Q. So when everybody left, were there any cars

in your driveway?

A. Just mine. My Jeep.


Honor?

THE COURT: Yes.


handed you State's Exhibit No. 18. Do you recognize


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

15

this?

A. Yes.

Q. What does this photograph show?

A. A picture of my -- the side of my trailer

and my Jeep.

Q. Is that how it would have been parked in the

driveway on April 1st to the early morning hours of

April 2nd, 2016?

A. Yes.


evidence State's Exhibit 18.






MR. HAMMERAND: Permission to publish?

THE COURT: Yes.

Q. (BY MR. HAMMERAND) We'll zoom the picture

in a little bit for you, Ms. Lombardi. So we see

your Jeep in the driveway. Can you describe where

your door -- looks like there's a door open, do you

see that?

A. Yeah, that's the front door.

Q. That's your front door?


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

16

A. Yeah.

Q. Explain to the jurors, are there any other

doors in your trailer besides the front door?

A. Yeah, there was a back door. It was by the

washer, the washer and dryer room.

Q. Is that a door that you could go in and out

of?

A. Yeah, but we had the kitty litter box in

front of it. We never used it.

Q. So in case of emergency, you could have went

out of it?

A. Yeah.

Q. But otherwise you would use the front door?

A. Correct.

Q. Now, when you were -- you said your friends

left and Collin's friends left. How would you

describe how you and Collin were getting along at that

point?

A. We were arguing about he wanted to leave

with his friends that night, and I told him no, I

didn't want him to leave.

Q. And then what's going on -- now everybody's

left the trailer except you and Collin and your kids.

What were you doing?

A. I was eating a corn dog. I was standing in


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

17

the kitchen, and we were, like, done arguing. It was

just something small, and he, like, was coming up to

me to give me a hug, and he was like, "Everything's

going to be okay," and next thing I know the door

busted in.

Q. Do you know was the door locked after your

friends had left?

A. I don't think so, no.

Q. Now, when you -- you mentioned Collin was

going to give you a hug. What's the next thing you

saw or heard?

A. I just seen him walking towards me with his

arms out like he was going to give me a hug, and then

I, like, heard a loud noise, and at first, like, it

happened so fast, but I thought it was like the

raccoons getting in the garbage can, and I just jumped

a little bit and I was like, Oh, because I seen a big,

tall man with a gun.

Q. So what did you see happen to the door after

you heard this sound?

A. It just busted in; like, it flew open.

Q. And when you saw the door bust in, did you

see any -- did anybody come in the door?

A. Yeah, a tall man with a gun. He had a

bandana on his face and a hood on.


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

18

Q. Did just one person come in?

A. No, three. They kind of came in one after

the other.

Q. Describe for the jury when you're -- what

room were you in?

A. The kitchen.

Q. And what did -- when you said the first

person you saw was a tall man?

A. Uh-huh (affirmative response).

Q. And the other two people, were they -- was

there a pause before they came in?

A. No, it was one right after the other. It

was I described as the tall man, the medium man and

the short guy.

Q. And what did you notice when they came in to

your trailer?

A. They all had guns, and they were all -- they

all had masks on, bandanas.

Q. Did you hear anybody knocking on your door?

A. No.

Q. Did you invite anybody in?

A. No.

Q. The mask on, describe what you mean by mask.

What did you see?

A. It was a bandana up to here (indicating),


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

19

like, I couldn't even see their eyes. It was just

like -- and they had hoods on.

Q. And were their hoods open or tight against

their head?

A. Kind of tight. They had baggie clothes

though. I couldn't tell you if they were wearing

jeans or not.

Q. Could you tell the coloring of the clothes?

A. It was dark, like, black.

Q. What was the lighting like in your trailer

when they came into your trailer?

A. It was -- I could see, but it was, like,

dim. Like, I had a lamp on in the living room and

then the light above the sink was on.

Q. Did you have any trouble seeing how many

people came in?

A. No.

Q. And did you have any trouble seeing what was

on their face?

A. No.

Q. What did you notice -- I think you

described -- what was on their face?

A. A bandana.

Q. Could you tell anything about the colors?

A. I seen two black ones and a white one.


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

20

Q. And you mentioned that they had something in

their hands?

A. Yeah, they all had guns.

Q. Did anybody say anything when they first

came in?

A. The first guy that came in hollered,

"Where's the dope at?"

Q. And was that the taller, medium or short

guy?

A. The tall guy.

Q. And -- and what did you see or hear after

that was yelled?

A. Um, well, they came in and then they

started, like -- they yelled, "Where's the dope at?"

The tall man yelled that. And then they kind of just,

like, the short guy came to me and held the gun to my

head, and I was, like, kind of in the fetal position,

but I wasn't laying down. I was like this

(indicating), and I just, like, stayed there, and they

were -- the other two guys, the tall guy and the

medium guy, were beating on Collin in the corner.

Q. Could you tell -- when they came in before

you went down, you said a person was holding a gun to

you, but could you tell the skin color of any of the

three people that came in?


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

21

A. Yeah, they were black men.

Q. How could you tell that?

A. I could see around their eyes.

Q. So you could still see skin around their

eyes?

A. Uh-huh (affirmative response).

Q. Is that a yes?

A. Yes. Sorry.

Q. That's okay. Could you see if any -- could

you see based on how they had their hoods up, you

said, and the bandanas, could you see any hair on

anybody?

A. Yeah, I seen one man go like this

(indicating) for the dreadlocks, like, swang them out

of his face.

Q. I have to do this for the record. You

indicated with your face, you came down and turned it

to the right or left, I guess to your left?

A. Yeah.

Q. So you saw dreadlocks on one person?

A. Yeah.

Q. And were they in the person's eyes or on the

side?

A. Yeah, they were in his eyes, like, he was

going to get them out of his face.


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

22

Q. The other two, could you even see their

hair?

A. No.

Q. So you mentioned some people went and did

grab Collin?

A. Yeah, the tall man and the medium guy stayed

with Collin, and the shorter guy stayed with me.

Q. Do you remember what room they would have

had Collin in?

A. He was in the same room as me, but kind of

like the hallway area in the kitchen.

Q. Now, you said the shorter guy came over to

you?

A. Yeah, and he had the gun to my head.

Q. Was the shorter guy taller than you?

A. Yeah.

Q. And how tall are you?

A. Five-three.

Q. And what do you remember about the shorter

guy? Anything else you remember?

A. He kept telling me that me and my kids were

going to be okay.

Q. And then what happened? You said -- you

mentioned he had a gun. Could you see anything about

the gun?


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

23

A. No, I didn't really look up.

Q. Did you sit, stand?

A. I was, like, on my feet, like, in -- in the

fetal position kind of.

Q. When you say on your feet, are you still

standing?

A. But I was kneeling, like, in a ball kind of.

Q. You're kneeling. You had your knees on the

floor?

A. No.

Q. You're laying on your side?

A. I was crouched down like this (indicating),

like, with my hands on my head.

Q. All right. Were you able to see what was

happening to Collin?

A. I could see out of the corner of my eye them

beating him up, yeah.

Q. And what do you remember? When you say --

it may be self-explanatory, but when you say beating

him up, what did you see?

A. Punching him and hitting him. I seen the

tall man standing. I don't know what he was doing. I

couldn't really see.

Q. Now, I forgot to ask you this earlier.

Before all this happened, before they came into your


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

24

trailer, you were with Collin that evening; correct?

A. Yes.

Q. Did you see any bruises or any abrasions or

cuts on Collin's face that evening?

A. No.

Q. Did you see anything on his arms or

anything?

A. No.

Q. So what happened when you're crouched down

looking over and you're seeing Collin get beat up, you

said, by the tall guy and the medium guy?

A. Yeah, I just kept saying -- I just kept

saying, Take whatever you want; I just want my kids,

you know, to be okay.

Q. Could you tell if the tall guy and the

medium guy had anything in their hands?

A. Yeah, they both had guns.

Q. And were you able to tell anything about

guns from where you were?

A. I seen two black guns that night.

Q. And are you a person that knows a lot about

guns?

A. No.

Q. But you knew -- you knew they were guns?

A. Yeah.


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

25

Q. Were you having any trouble seeing based on

the lighting in the room or anything like that?

A. No.

Q. So what's the next thing you saw or heard?

A. The tall man came up to me and said, "Give

me your money, bitch," and --

Q. What did you do?

A. I walked over -- well, I walked towards my

bedroom because I thought my purse was in there, then

I walked back because I remembered it was on the

couch, so I sat on the couch and pulled out my wallet

and gave him my money, and he just took my whole

wallet. And then the next thing I know I heard

Collin's voice, like, disguised or something, and he

yelled, "Police, 9-1-1" and everyone just left.

Q. When you heard Collin's voice, could you

tell where his voice was coming from?

A. I thought it was coming from outside, but it

happened so fast, I couldn't really say.

Q. And after you heard -- you said you heard

Collin say what? I'm sorry.

A. "Police, 9-1-1."

Q. Then what did you see about the people

inside the house?

A. Everyone was gone.


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

Q. What did you do when they left?

A. I was freaking out. I -- I was on the

couch when they were all gone. I, like, didn't even

realize they left, like, it happened so fast, but I

ran to my bedroom and got my daughter and my phone,

and then I ran to my son's bedroom and by the time --

I was, like, in the middle in the kitchen, living room

area, I heard the gunshots, and then I called 9-1-1 in

my son's room.

Q. When you got to your son's room, did you

notice something that was different than it would have

been prior to all this happening?

A. Yeah, his bedroom window was broke and the

curtain --

Q. Do you have any personal knowledge how that

got broke during all this?

A. No, I thought someone jumped out the window.

Q. Did you see somebody jump out the window?

A. No.

Q. So you said you called 9-1-1?

A. Yeah.

MR. HAMMERAND: Your Honor, if -- if I may, we

have the 9-1-1 call on a DVD. We would offer this

into evidence at this time. It's marked as State's

Exhibit No. 13, and for the record, it's the 9-1-1


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

27

call made by Alecea Lombardi.


MR. GOODMAN: I always like to just hear to make

sure that that's what it is, but subject to that, we

can always renew an objection if --

THE COURT: Okay.

MR. GOODMAN -- if it's something other than

that by accident.

THE COURT: Let's go ahead and play State's

Exhibit 13, and then I'll rule on the admissibility

after we hear it.

MR. HAMMERAND: Okay. May we play it at this

time, Your Honor?

THE COURT: Yes.

MR. HAMMERAND: And we're not asking it to be

reported.

THE COURT: That's fine.

(State's Exhibit No. 13 was played at this

time.)

MR. GOODMAN: Your Honor, we have no objection.

THE COURT: Okay. State's Exhibit 13 is

admitted.



MR. HAMMERAND: Your Honor, our understanding is


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

28

the parties will stipulate that Ms. Lombardi made the

9-1-1 call on April 2, 2016, at 2:01 a.m.

MR. GOODMAN: That's accurate.

THE COURT: Okay.


Honor?

THE COURT: Yes.


handed you what's been marked as State's Exhibit

No. 17. Was this a diagram that you were asked to

draw before today?

A. Yes.

Q. And does State's Exhibit 17 just kind of lay

out the different rooms in your trailer?

A. Yes.

Q. It's not to scale?

A. What's that? No. No, it's not.

Q. But as far as where the rooms were located

and different positions in the trailer, was this how

your trailer would have looked on April 2nd of 2016?

A. Yes.


evidence State's Exhibit No. 17.


MR. GOODMAN: No objection.


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

29




MR. HAMMERAND: Your Honor, permission for the

diagram -- it works better if we can use the

projector, if we can switch that over to projector.

THE COURT: Yes.

Q. (BY MR. HAMMERAND) Ms. Lombardi, are you

able to see the diagram on the projectors or on the

screen at this point?

A. Yes.

Q. I still have, I think, the laser pointer in

front of you. Can you briefly walk the jurors

through the different rooms in the trailer and where

your front door would be on this diagram?

A. Okay. This is the front door, and then you

walk in here, and it's, like, the living room and

kitchen area, and then there's, like, a little hallway

and my son's bedroom's right there and my daughter's

bedroom's right there. We didn't really use it much.

And then back here's the bathroom and laundry room and

then my bedroom, and this is, like, a little island

thing.

Q. In the -- which side of the trailer would

have been by the road that goes in front of the


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

30

trailer?

A. This was the road over here. My son's

bedroom. And then the -- my driveway would have

been, like, right there (indicating).

Q. Your driveway would have been near the front

door?

A. Yes.

Q. So on the front door, you told the jury

earlier you heard a bang and it get kicked in.

There's some things marked by under door, do you see

those lines?

A. Yeah.

Q. Can you describe, what are those lines?

A. It's like a little porch and there's, like,

three steps.

Q. Okay. When the three men came into your

trailer, can you show the jury where they would have

went?

A. They came in this door. They busted it in.

Q. And where were you when they first came in?

A. I was right there (indicating). There's,

like, a microwave on my counter, and then Collin was

walking towards me right here.

Q. And you have Collin coming from the living

room toward the kitchen?


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

31

A. Yes.

Q. Now, you mentioned the lighting. Can you

show the jurors before they came into -- the three men

came in your trailer, what lighting would have been

on?

A. Sure. There was a light above the sink

right there (indicating) on, and then there was a lamp

behind my couch right there (indicating).

Q. Was there a ceiling fan in the living room?

A. Yeah.

Q. Did that have a light too or was that on or

off or do you know?

A. It was off.

Q. Okay. From where you were standing then,

I know the diagram's not to scale, but did you have

any trouble seeing from the kitchen to the door?

A. No.

Q. Did you have any trouble seeing the people

that were in the -- in the trailer?

A. No, I could see fine.

Q. And you mentioned that at some point two

people, the taller guy and the medium guy, grabbed

Collin?

A. Yeah, they were beating him up, like, right

here (indicating).


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

32

Q. Where you have a mark, a CB?

A. Yeah. And then I was right there with the

gun to my head.

Q. So for the record, there's a circle with a

dot there, and I think an AL above it?

A. Yeah, that's me.

Q. All right. So how close were you to Collin

when they were beating him up?

A. Like, footsteps away. A few.

Q. You said the shorter person was standing by

you?

A. Yes.

Q. This person you said had a gun?

A. Yes.

Q. Did the gun ever touch you in any way?

A. Yeah, it touched the back of my head.

Q. Explain what you mean by that.

A. It was, like -- it was right here on the

back of my head, and every time I feel like I moved,

kind of jolted it towards my head, and it hurt for a

few days afterwards too.

Q. You said at some point somebody demanded

money?

A. Yeah, the tall man. He said, "Give me your

money, bitch," and -- when I was right there, and then


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

33

I walked over to my couch. I walked this way

(indicating) and then I walked that way (indicating)

because I knew my purse was on the couch.

Q. How did that work if somebody's holding you

down on the ground with a gun, did you just get up on

your own or did you ask to get up?

A. No, I just kind of got up, like, they let me

up, like, I was going to get my money.

Q. And you grabbed your purse you said?

A. Yeah, my wallet out of my purse, and I

handed him my money.

Q. Did you give him your purse as well?

A. No.

Q. You grabbed your wallet, and do you have any

idea how much money you gave him?

A. $80.

Q. And what happened then after you gave him

the money?

A. Um, they just kind of left, like, after

Collin -- I heard Collin yell, "Police, 9-1-1" and

then they all left.

Q. Can you show the jury where the three men

would have been in your trailer when you were able to

see that they were wearing dark clothing and bandanas?

A. Yeah, I was just eating a corn dog right


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

34

there when they walked in. I was right there in the

kitchen.

Q. And did they -- when they came in, did they

just all stand at the front door or what did they do?

A. Yeah, I feel like the medium -- the medium

guy went up to Collin and started beating on him, and

then the tall guy came up and joined him after he

asked, "Where's the dope at," and then the shorter guy

stayed with me.

Q. Do you know which of the three guys had

the -- you said one was a white bandana?

A. Yeah.

Q. Do you remember which one was which, I mean,

as far as tall --

A. I don't recall.

Q. Where was the person -- you said you saw one

person you could see some dreads in front of their

eyes and you made a whipping motion earlier. Where

did that take place in the trailer?

A. When they first walked in.

Q. Okay. By the front door area?

A. Yeah.


Honor?

THE COURT: Yes.


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

35


handed you some additional photographs, State's

Exhibits 19 through 34. If you'd take a minute to

look through those. Have you had a chance to look at

those?

A. Yeah.

Q. Are those some of the photographs that would

have been taken after all this happened to show your

trailer or the area nearby?

A. Yes.

Q. Do they appear to be a fair and accurate

representation of that area at the time?

A. Yes.


evidence State's Exhibits 19 through 34, inclusive.



THE COURT: 19 through 34 are all admitted.

(State's Exhibit Nos. 19 through 34 were

admitted into evidence at this time.)

Q. (BY MR. HAMMERAND) Ms. Lombardi, I'm going

to start with State's Exhibit No. 33. Are you able

to see that okay?

A. Yes.

Q. Can you tell the jurors what's in this


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

36

picture?

A. My front doorstep, and there's my purse

laying there.

Q. And above your purse, is there something

else laying on your doorstep there?

A. Yeah, a bunch of glass and my broken window

in the front door.

Q. I'm going to show you State's Exhibit 27

next. Can you tell us what this photograph shows?

A. My front porch with my purse and the broken

glass again.

Q. Did you put your purse out there?

A. No, I did not.

Q. Did you give anybody permission to take your

purse or wallet?

A. No.

Q. How about that glass, was that there before

all this happened?

A. No.

Q. I'm going to show you State's Exhibit

No. 34. What does that photograph show?

A. My front door and the broken glass again and

broken door.

Q. And before the three men entered your

trailer, was your door in working condition?


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

37

A. Yes.

Q. State's Exhibit 19, can you tell the jury

what that photograph shows?

A. My kitchen and part of my living room and

the red curtain that was on the door.

Q. And State's Exhibit 20 I think will be a

little different angle there. Are you able to see

that?

A. Yes.

Q. And is the red curtain that normally would

have been on your front door?

A. Yes. And the refrigerator.

Q. And State's Exhibit 22, are you able to see

that?

A. Yes.

Q. It might be hard to see on the picture,

there's a -- you mentioned a light that was on. Can

you show the jury, is that light on this picture?

A. Yeah, it's right above the sink. Do you

want me to point to it with this thing?

Q. Yeah, if you could with the laser pointer.

I think it will show up.

A. It doesn't. There's the light. I don't

know if you can see me pointing to it, but it's, like,

right above there (indicating).


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

38

Q. And that's where you said you would have

been in the area?

A. Yeah, the microwave's right next to it, the

little -- I was right there (indicating).

Q. Does this picture show the area you would

have been when you were on your knees in the fetal

position?

A. Oh, yeah, that little chair that's right

there, right in front of the stove is where I was at.

Q. Can you show us with the laser pointer?

A. Yeah, right there (indicating).

Q. Thank you. And does this picture -- is it

wide enough to show where Collin would have been?

A. Yeah, he was right next -- right on the

floor by this purple curtain, which would have been on

my back door. I don't know how it got there.

Q. Okay. The next photo is State's Exhibit 21.

And it appears this would be a hallway by the kitchen?

A. Yes.

Q. And that's on the top of the photo?

A. Yes.

Q. In the middle maybe, I guess, is a better

way -- just tell the jury where that hallway goes.

A. It goes back to my bedroom where my daughter

was sleeping that night.


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

39

Q. Next photo, State's Exhibit 23, can we zoom

out a little? And what does this photograph show?

A. My kitchen area and living room.

Q. Then the next photograph, State's

Exhibit 24, do you see that?

A. Yeah, that's my living room.

Q. And you told the jury something about your

purse being in the living room. Does that show where

it was?

A. Yes, it was right in the middle of that

couch.

Q. Can you show the jury with your laser

pointer?

A. Yeah, right there (indicating) about in the

middle.

Q. And you mentioned the lighting, does this

picture show the lighting that would have been on?

A. Yeah, this lamp back here, there's, like,

four different things on it, light bulbs.

Q. And do you remember are some of the lights

white or what kind of lighting it was?

A. They're different colors, but it was bright.

Like, it wasn't dark.

Q. You didn't have any trouble seeing then?

A. No.


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

40

Q. Okay. State's Exhibit 25, can you tell us

what this photograph shows?

A. Yeah, a picture of the hallway to my son and

my daughter's bedroom.

Q. All right. And we're going to zoom in a

little bit more up by the couch. There's something on

the ground. Do you see that?

A. A toy gun.

Q. Was that there before all this happened?

A. Yeah, it was my son's.

Q. That wasn't one of the guns you were

describing?

A. Right, it was not.

Q. Okay. State's Exhibit 29, can you -- I

know it's hard to see.

A. Yeah, it's okay. That's the entryway to my

son's bedroom.

Q. Okay. And then the next photo, State's

Exhibit 30 next, what does this photograph show?

A. My son's bedroom and the broken window.

Q. All right. And it may be obvious, but can

you show us with the laser pointer what window we're

referring to?

A. This one right here (indicating).

Q. And then the next photograph is State's


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

41

Exhibit 31. That's just a different picture of the

window, is that --

A. Yes.

Q. And then the next photograph, State's

Exhibit 32, can you tell us what that picture shows?

A. The outside of my son's bedroom window.

Q. And the last picture is -- or two more, I

guess. State's Exhibit No. 26, can you tell us what

that is?

A. That's my wallet.

Q. Is that the wallet you would have provided

to the -- you said the taller guy?

A. Yeah.

Q. And then the last photograph is State's

Exhibit 28. Do you recognize what's in State's

Exhibit 28?

A. Yeah, that's Collin's watch.

Q. Do you remember if he was wearing it on

April 1st and 2nd?

A. Yeah. Yeah, he was.

Q. Ms. Lombardi, after all this happened, did

you talk to law enforcement?

A. Yes.

Q. And were you interviewed that same morning?

A. Yeah.


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

42

Q. I'm sorry?

A. Yes, I was.

Q. Okay. And did you do a follow-up interview

at other times as well?

A. Yes.

MR. HAMMERAND: I don't have any other

questions. Thank you.

THE COURT: Cross-examination.

MR. GOODMAN: Thank you, Your Honor.

CROSS-EXAMINATION

BY MR. GOODMAN:

Q. Ms. Lombardi, you indicated that there was a

tall guy, a medium guy and a short guy; is that

correct?

A. Yes.

Q. Could you describe the guns that each of

them held that you are saying they had?

A. I remember seeing two black guns. I

described them as looking like cop guns, like the cops

carry.

Q. So you saw two guns that you could identify

and one that you could not?

A. Yeah, I -- to this day, I don't really

remember what the third one looked like.

Q. Who was holding which gun?


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

43

A. I'm not sure. I just know they all three

had guns.

Q. Did you see the gun that the shorter guy

held?

A. Yes.

Q. Could you describe that?

A. It was black.

Q. How large?

A. It was like a cop gun. I'm not sure.

Q. When you say "cop gun," they have several

different guns.

A. Like the cops wear on their waist, the black

ones. I don't know.

Q. Smaller gun, larger gun?

A. It was like any handgun. I don't know much

about guns.

Q. You mentioned one of the people when they

came in had dreadlocks; correct?

A. Yes.

Q. Could you describe the dreadlocks?

A. They came to about his eyes.

Q. And which person of the three in terms of

height had those dreadlocks?

A. I'm not sure.

Q. How long did this whole thing take?


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

44

A. What do you mean?

Q. From the moment they came in the door until

they went out of the trailer, how long was that?

A. Not even ten minutes.

Q. Was it less than five?

A. Probably five.

Q. Was it less than two?

A. No.

Q. Did the person that was -- that you said was

holding you down, was that person saying anything to

you?

A. Yeah, he kept telling me that my kids and me

were going to be okay.

Q. And you indicated that the taller guy came

over; is that correct?

A. Yes.

Q. The taller guy pointed the gun at you;

correct?

A. Yes.

Q. Did that taller guy point the gun at your

head as well, hold it to your head?

A. Yes.

Q. And when that taller guy held the gun to

your head, what did the shorter guy do?

A. He just stood there with him.


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

45

Q. Did you previously when you talked to the

police indicate that that shorter guy stuck his hand

out to protect you?

A. When we were over by the couch, he -- like,

I felt like the taller guy was, like, going to push me

or something, and he kind of, like, put his hand out

or something, I don't know what he was trying to do.

Q. But you felt that in some manner he was

protecting you; correct?

A. Kind of. But it was weird.

Q. Did he tell the other person, "No," or "back

off," something like that?

A. No.

Q. But he stuck his hand out?

A. Not like this (indicating). He just kind of

went like that (indicating) with his arm straight out.

Q. As if to hold somebody back?

A. Yeah.

Q. Is the taller guy the one that stole your

wallet?

A. He's the one that took it from me, yes.

MR. GOODMAN: I don't have any other questions.

Thank you.

THE COURT: Any redirect?

MR. HAMMERAND: No, Your Honor. May this


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

46

witness be excused?

THE COURT: Yes. Thank you, ma'am. You can

step down.

(This concludes the requested portion of

transcript.)


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

47

(This begins the requested portion of the

closing arguments.)

THE COURT: Okay. Mr. Hammerand.

MR. HAMMERAND: Thank you, Your Honor. Can we

have the prosecutor's laptop again, Your Honor?

May it please the Court.

THE COURT: Counsel.

MR. HAMMERAND: Counsel. Ladies and gentlemen,

respond to some of the things Mr. Goodman said here.

Common sense. You got an instruction that says use

common sense, and do that, because in considering the

evidence, make deductions, reach conclusions by using

your common sense.

We talked about this in jury selection. With

conflicts in testimony in a criminal or any court

case, you're going to expect conflicts in testimony.

That's your jobs. The easy thing to do is to say,

well, there's conflicts in testimony, there must be

reasonable doubt. For every case that's what you guys

have to try to reconcile. So when you go back there,

accept the evidence that's more believable, reasonable

and consistent.

Now, Mr. Goodman talked about the "beyond a

reasonable doubt" language, the hesitate to act.

You're going to get the full instruction, so read


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

48

that. But it says, "A reasonable doubt is a doubt

based upon reason and common sense, and not the mere

possibility of innocence." Proof beyond a reasonable

doubt does not mean proof beyond all possible doubt.

You have to be firmly convinced. That's what it

means. If you're firmly convinced, you no longer

have a reasonable doubt.

And he talked about that hesitation language.

Does that mean if you go back there and you're

deliberating and you're discussing things and you're

changing your opinions after discussing with the

jurors, that means hesitation? Of course not.

Instruction 42 you get, it says, "Do not hesitate to

reexamine your view and change your opinion if you're

convinced it's wrong." That's what jury

deliberation's about. If it was if you went back

there and you never could discuss or change your

opinion means you have reasonable doubt, then you

would never deliberate. You would just take one vote

and that's it. That makes no sense. That's not what

the hesitation language and beyond a reasonable doubt

is. Beyond a reasonable doubt means if you're firmly

convinced.

Credibility factors, you're going to get all

these in your jury instructions, but the nice thing


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

49

you have is you have the still photographs that

corroborate, support the State's witnesses. And

consider the witness interest in the trial, their

motive, and that means the Defendant's motive too,

because he testified. What's the Defendant's motive

when he took that stand, what's his interest in trial,

and consider that.

Because you have at 1:49 on State's Exhibit 208

is when Taylor Shaw dropped off the Defendant, Tacari

Minifee, and Eric Campbell to commit the robbery. You

have State's Exhibit 215 at 2:01 is when they're

getting back to the car. Why is that important?

Because that's eleven minutes. And why is

eleven minutes important? Because they had to walk up

the street to the trailer. It's not going to take

that long. But they had to have time to do what?

Cover their faces, get outside that door, the game

plan, because they went in there ready to commit a

robbery.

Taylor Shaw didn't see the masks. She didn't

see them covered. She didn't see the guns. Obviously

they had the guns in their pockets.

When you look at all the evidence in this case,

besides the city surveillance and everything law

enforcement did and everything the lab tested, you


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

50

have the unique perspective of from the beginning of

the crime from Corby Yager telling you how it was

talked about, to Savanna Stotlar seeing the three guys

that are picked to go commit the robbery, to Taylor

Shaw picking them up. So you follow them from we're

going to go commit this robbery, let's change our

clothes, let's go. They make the call. You have

evidence of them going there because Taylor Shaw took

them there. You have Taylor Shaw bringing them back

after the robbery, and then you have Savanna Stotlar

there seeing them when they come back. It's all

covered in there. And it's clear from all that

evidence, they went to commit a robbery.

Mr. Goodman talked about this instruction, and

think about this one. "A person is participating in

a public offense, during a part or the entire period

commencing with the first act done directly toward the

commission of the offense and for the purpose of

committing that offense, and terminating when the

person has been arrested or has withdrawn from the

scene..." Now, Mr. Goodman said to you folks, he

said, okay, this is separate. What Tacari Minifee --

once they're out of the trailer, the Defendant has

withdrawn. No, folks. That defies common sense.

They park the car there for one reason: To commit a


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

51

robbery. They went down the street to commit the

robbery, and when they went in the house, kicked in

the door, they're committing the robbery. When

Collin Brown left, it wasn't like, well, let's just go

home now, folks.

The analogy with the bank robbery, if you go

over there, if you're two people, one goes in the bank

and one's watching the door and the teller comes

running out with the money and comes out of the bank

running out, protecting the money, and is running down

the street, and if Bart comes out and shoots them,

does that mean Bob can say, Whoa, this is a totally

different crime; you left the bank? No, it's a part

of the robbery.

And you ask yourselves, okay, what are you

talking about money with the teller running out in the

street? Couple things. Think about this: Collin

Brown, according to the Defendant, jumped out the

window. What was found down on the bottom of that

window? Large wad of cash, because that's what they

were after was that money. They didn't see the cash,

the Defendants, because if they would have saw the

cash, they would have picked it up. So when they were

chasing Collin Brown down to Mr. Goesse's trailer,

they were still after the money and the drugs.


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

52

Robbery had not stopped. Robbery starts from when

they get there until they leave. It's all a part of

the same crime. They're trying to separate it out,

but that's not what the evidence shows.

Doesn't stop at the door stop of the trailer.

Interesting thing about this, think about this also,

the Defendant said that Collin Brown jumped out of the

trailer, and you go back, look at State's Exhibit 17,

this is the diagram that Alecea Lombardi drew, and

also look at the photographs of that trailer where

that broken window is because what's interesting is

how would you see that from the living room?

Defendant's just there protecting poor little Alecea.

He's in the living room. Rylee's room where the

window's broke is out here by this street, the

roadway. It's up here. And you'll see where the

window is. You can't see that from the living room.

Alecea didn't know how the window got broke. She's

in the living room/kitchen area. The reason is,

folks, is the Defendant knew that because they were

out pursuing him. When Collin left that trailer, they

were pursuing him, and that's what they did, that's

how he knew. Common sense.

And before I -- I'm going to cover a couple

things, just other things that Mr. Goodman was talking


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

53

about. Common sense, kind of really hits a lot of

this home. He says, well, wait a minute, Mr. Hall's

not a part of this Dead Money Gang. Do you guys

really believe two people that are part of the Dead

Money Gang are going to say, Mr. Hall, you come on

along, you don't have to cover your face, just come on

into the trailer where you know somebody, we're okay

with that; we're going to do a robbery, but you just

go do whatever you're going to do. That makes no

sense. Common sense. He's hanging around these

guys. They could trust him, and that's what they

did. They're not going to take somebody along, let

him in on a robbery and let him not cover his face

when they went in, and that's what Mr. Hall says.

The Defendant says he didn't cover his face. You

heard Alecea Lombardi begging on the 9-1-1 call for

people to come. What does she say? Three men, face

covered.

He's protecting Alecea. Really? You heard

Alecea Lombardi. She never said he stuck out an arm

to protect. She said he did something with his arm

but he wasn't protecting me. Sticking a gun in

somebody's head and saying "it's going to be okay;

your kids are going to be okay; you're going to be

okay," is that protecting someone?


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

54

And then Mr. Goodman said, Well, the State got

into the gun and the autopsy photos, we didn't need

those. The State has to prove malice aforethought.

The Defendant obviously was aiding and abetting Tacari

Minifee, fixed purpose or design to do physical harm,

that's why we had to show this was the gun that was

used. Autopsy, we have to show manner and cause of

death and that's what Dr. Klein did.

Now, Mr. Goodman said, Well, wait a minute,

Corby and Savanna, you know, their testimony's not

100 percent the same here, folks. One says one thing,

one says something a little bit different. We talked

about this in jury selection. You can have people

witness an event and not always be the same.

Actually, if they were 100 percent the same, that's

when you would question yourselves and say, well, wait

a minute, how can they remember everything exactly the

same?

Mr. Goodman said, Well, the Defendant said he

had $178 on his person, Mr. Hall. Why does he need to

go do a robbery if he has money? What else did he

need? Wanted to buy drugs he claims. Robbery

involved drugs and money, that's what he wanted.

Was asked, Mr. Goodman said, Where's the

Defendant's malice aforethought? We talked about this


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

55

earlier. It's Tacari Minifee that had the fixed

purpose or design, but again, he's aiding and abetting

on the robbery. It's a felony murder. That's what we

have.

Really it comes down to this, folks: If you

want to believe the Defendant's story that he's just

there to buy drugs, then that's what you can believe,

but if you believe what the evidence shows, that he's

there to commit a robbery, everything falls into

place. And it's common sense.

Campbell and Minifee aren't going to take him

along. If their intent is to commit a robbery, which

clearly it was, they don't need to take him along.

They're just going to say, We'll get you drugs, we'll

be back. But they needed a third person. He's the

guy that went along.

They're not going to let him go in without

covering his face. And Alecea never said the

Defendant was protecting her. It's a funny way of

protecting someone.

No conversation in the car. The Defendant

claims, Well, this whole thing went sideways, got in

the car, we just ride back, no one's saying anything.

You really believe that? Do you really believe people

aren't talking in that car? Somebody had been just


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

56

shot. Getting rid of clothes. They're talking all

right.

No one threatened the Defendant. Remember the

Defendant said this, he said, Well, I was worried

about Taylor Shaw, which also is interesting.

Mr. Goodman said, Well, he's just worried about Taylor

Shaw. That's not what you heard him say on that

interview on April 2nd when he thought Taylor Shaw was

talking. "I want to kill Taylor Shaw." He wasn't

worried about protecting her. And even the Defendant

admitted no one threatened him. Meaning Mr. Campbell,

Tacari Minifee. Well, why would they? He's a part

of the -- part of the group that went over there to

commit the robbery. They had no reason to threaten

him.

You go from your own recollection of the

evidence. The State's recollection is Savanna Stotlar

said when she was asked, when she drove out to that

trailer park to show them where Collin Brown -- well,

she wasn't, but she was with Chica to show them where

Collin Brown lived, she said she knew they were going

to commit a robbery. She's going to plead guilty to

conspiracy to commit a robbery. You really think if

she had no idea what's going on, she's going to plead

to 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

57

Talk about Taylor Shaw. They said, Well,

Taylor had no idea a robbery was going to happen.

Remember, that was brought out on cross-examination by

the defense of Ms. Shaw. Then on redirect the State

went through all the things with her to show how

that's just not credible. And more importantly, she

admits she's going to plead guilty to robbery second

because there's no gun, she didn't know there was guns

involved. She admitted to you that she's going to go

to prison for a mandatory minimum seven years. You

really believe all that's going to happen and she had

no idea what was going to happen that day? Savanna

Stotlar knew, Corby Yager knew, Taylor Shaw knew, and

obviously the Defendant knew they were going to commit

a robbery.

Do you really think the Defendant's going to

take Tacari Minifee to his mom's house if he had

nothing to do with this case? Just an acquaintance.

Don't even know his last name.

Why would he go back? He had no reason to go

back. If he had nothing to do with this case, he

doesn't know these people, why is he so concerned

about telling Mr. Campbell what's going on? Makes no

sense. Because it never happened that way.

Remember what Investigator Bodnar told you when


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

58

the Defendant was arrested or in custody at Taylor's

apartment, this is after they went in, they started

doing a search, sitting on a chair, he's tapping his

legs like he's nervous. Of course he's nervous

because he knows what's in that bedroom, not only

Tacari Minifee's there, not only Taylor Shaw's there,

but he knows the gun that was used to shoot and kill

Collin Brown's there.

You know, the whole thing Mr. Goodman said,

Well, the Defendant was shocked, it was a shocking

situation, that's the whole thing. Does that explain

on April 2nd why he wouldn't tell law enforcement this

whole claim about buying drugs, that's why he went

over there? He had a second opportunity on May 18th.

He never mentioned it. What he's really done is

tried to just adopt Taylor Shaw's claim. Oh, I had no

idea what was going on.

This is really what it comes down to, folks. Do

you really want to -- reasonable and consistent,

robbery versus to buy drugs, which one makes more

sense? If you want to be involved, "I want to do it,"

"trust me." Why do you got to change clothes if

you're going to go buy drugs? Three guys go, cover

your faces, all have guns, kick in a door, demand dope

and money, you take the money and wallet, and you get


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

59

rid of the clothes when you leave. That's all

reasonable, consistent with a robbery.

Now, ask yourselves, was that reasonable and

consistent with buying drugs? Because, you know, the

whole thing is just common sense. When they were out

there and they couldn't find Collin Brown's trailer,

what are you going to do? You're going to call. It's

your drug dealer. You got his number. Say, hey,

can't find your trailer, can you tell me where you

are? But you're not going to do that when you're

going to go commit a robbery. You're not going to tip

them off.

You don't need three guys to buy drugs. You

need one person, you need a car, that's it. You

don't need to cover your faces. You don't need to

park six trailers away. You don't need to kick in a

door. When you kick in a door with your faces

covered, guns out, kind of indicates you're probably

not going to be buying drugs. That's reasonable,

consistent with stealing drugs. It's a robbery and

that's what the State said from the beginning. This

is a robbery that's gone bad.

It's a felony murder. The State's not claiming

anybody went over there initially with the intent to

kill Collin Brown. It's not a separate offense. When


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

60

Collin Brown ran from that trailer, they're after him

still for the money and drugs, all part of the

robbery, and during the robbery, the person that the

Defendant was aiding and abetting, Tacari Minifee,

shot and killed Collin Brown.

So the Defendant was aiding and abetting, and

all the elements that we put up here earlier for

murder in the first degree and second degree -- I'm

sorry, murder in the first degree and robbery in the

first degree, the State has proved beyond a reasonable

doubt.

State's Exhibit 14 is Collin Brown. The

State's not going to say he's a saint by any means,

but he was a father, he was a boyfriend, a brother and

a husband. Sure, he was dealing drugs and that's not

right. He could be charged for that. He could be --

that's a totally different thing. That's like we

talked about with the two guys driving down the road,

the one guy's speeding, doesn't give the other guy a

right to drive him off the road.

The Defendant, Mr. Hall, had no right to go

over there and to break into Collin's trailer and try

to commit a robbery and aid and abet Tacari Minifee

and Eric Campbell.

The State has proved each and every one of the


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

61

elements of murder in the first degree beyond a

reasonable doubt, and the State has proved each and

every element of robbery in the first degree beyond a

reasonable doubt, and would ask you to return a

verdict of guilty of murder in the first degree and

robbery in the first degree. Thank you.


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

62

IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY

STATE OF IOWA, )) CASE NO. FECR119297

Plaintiff, ))

vs. ) REPORTER'S CERTIFICATE)

IMERE DEJON HALL, ))

Defendant. )

I, Kelly Jo Neyen, Certified ShorthandReporter, hereby certify that I am one of the OfficialShorthand Reporters in and for the First JudicialDistrict of Iowa, of which Dubuque County is part;that I, by order and at the direction of the presidingjudge, took down in machine shorthand the proceedingshad or required to be kept in the above-entitledcause; that the above and foregoing is a PARTIALtranscript of my shorthand notes so taken.

Dated at Dubuque, Iowa, this 9th day of March,2017.

____________________________________KELLY JO NEYEN, CSR, [email protected]


in the iowa district court, in and for dubuque county...

Documents