Anyway, the winning Motion is set forth at bottom. Here's how the direct went, stay tuned for how the cross went later this evening. Hint: It wasn't too good for the State.
Also, State's witness Randy Fortado, a multiple felon who could have been sentenced to a total of more than 30 years for repeated drug dealings (heroin and cocaine) told a series of stories that directly channeled the writings of the Boston Herald, a newspaper that he admitted he "read every day." He claimed that Defendant Iacoviello, a man whom he'd never met, confessed that he shot Officer Talbot within 3 days of meeting him in the Big House. Of course he also said that the same Defendant told him he went behind the school to have a smoke, and that he was at the scene and then left and went home to get a gun and returned, which of course we all know did not happen.
His testimony was best summed up when he volunteered the obvious to Attorney Krupp:
"Are you inferring that I read the paper and made up a story?"William Soto and Officer Talbot grew up together – 5 houses apart – and they were army buddies who arranged their leaves together. He lost his best friend on 29 September, 2007. “I’ve known him since 6th grade,” said Soto.
"That is exactly what I am inferring," said Krupp -- amidst laughter from the entire courtroom, except from the prosecutors. This guy was a complete tool and beyond rehabilitation, thus no redirect or anything, exit stage left.
Soto admitted it was that familiarity that led them to the bleachers on that fateful night of September 29, 2007.
“It was my idea,” he said. “Was it a place you used to hang out as kids?" asked Prosecutor Edward Krippendorf. “It was familiar,” said Soto, who said he drank no more than 6 beers at Margarita’s before heading across the street to the school yard, where he and Evan Franklin (since fired) and Officer Talbot each took 2 singles from the cooler and moved to the bleachers. A bit later, “30-40 minutes” all hell broke loose.
“First thing I heard was a Bloods MF Blood BK.” “He had a scruffy face with a fumanchu and shaggy hair…. Officer Talbot mentioned Blood Killer to him and he kept on walking, down the path, slow, with a gangster lean….toward the American Legion Highway.”
When he returned, Soto claimed that he was waiving his hands and “baited us toward him” indicating that he trailed Officer Talbot by about 6-8 feet as “Connie was pleading with him to stay.”
“Three short men wearing hooded sweatshirts came from behind the fence and fired at us....."
Officer Soto testified further that Officer Talbot had his gun out "after the flash" (of a shot). Was it the first time you saw him with his gun out? Yes.....Shots rang out, I fired back and Dan fell to the ground. I was firing down range.. I fired 2-3 times and took cover -- the nearest cover was the [trash] barrel.
"Your score at the range was significantly lower than the score of everybody else who went to the range that night wasn't it?" (Hard to tell here but I heard the numbers 26/50 as passing and I believe Soto was 17/50 but I'll need to check this). He asked about Jagermeister intake and whether anyone in the group ordered shots. The bill for the five was upwards of $130 with a few appetizers. There was a check for $29.40 + tip, which covered 3 corona lights, 3 Dos Equis and 1 Heineken at 9:06p. It was unclear to this observer who consumed those particular beverages. Contrary to direct testimony that they left at midnight, Soto had told the Grand Jury that the group left later..... "We do detail there and they are pretty strict, they close at 1:00 so we decided to leave a little before 1:00," quoted Krupp.
"It was late."
"Although it was late you weren't done drinking that night were you?"
"Any idea how those beer bottles get out onto the grass from your truck?"
"I have no idea."
Krupp speculated as to whether since-fired Sergeant Evan Franklin might have had another weapon with him after he secured his Glock 22 .40 Cal (all Revere Offcers carry the same gun) in Soto's truck. I have no idea whether or not he did, and for all I now Krupp has no clue either but it's a Good Question to ask.
"Did you have any pills that night?"
"Are you aware an empty bottle of hydrocodone was found in your truck?"
"It was an old prescription."
"On October first you were asked if the guy in red (Derek Lodie) said anything to you and you said no."
"You didn't mention anything about BK or killer or anything?"
"You heard somebody in your group say "he walks like a gangster, but you testified very differently in your direct examination didn't you?"
"So you took the bait?"
"Your intention was to find out who the person was, call in a unit and get him out of there, right?"
"But at no time did [any of you] say "we're a bunch of cops, move it along, kid."
"Your firearm was not obscured, and so somebody could have seen it? (I would have objected, totally. How does the witness know what somebody from the bushes could have een. Hell, it was dark out and the question was kind of vague, to boot).
"Today you said the kid with the red shirt was "in a line with the others" but on October 1, 2007 you told police the kid with the red shirt fired from the vicinity of the pole."
"After the first shot Talbot was still standing and you began to run for cover?"
"At the Grand Jury in 2007 you had it reversed. Do you recall saying first you took cover and then you started firing"
"No I do not."
"You took cover after you saw the muzzle flash."
"Yes I did."
"In 2007 you stated "The one that did the damage had a red shirt and black pants.... At no time did you say the shot came from the other three."
"Sir, I gave my best description."
"And your best description was that..."