Trial Transcripts

Prosecution Witness #6: Officer Allan Kulesa
Testimony 1

DIRECT EXAMINATION BY MR. BRANDBORG:

Q	Officer Kulesa, could you state your name for the record.
A	Allan Kulesa.
Q	And could you spell that?
A	First name, A-l-l-a-n. Last name, K-u-l-e-s-a.
Q	Officer Kulesa, we’ve heard how Ms. Kjono perceived the lineup that you had arranged. Let’s move on to Ms. Brandee Haas, do you recall showing her the lineup of people?
A	Yes I do.
Q	And how did you present the lineup to Ms. Kjono?
A	Yes it was.
Q	And how did you present the lineup to Ms. Brandee Haas?
A	As I recall, I visited with her in my work squad, my car. She came out and visited with me, handed her the lineup, she viewed them, I believe one by one in sequential order.
Q	And where were you, you said your squad car, how come you were there – or she was in your squad car?
A	Because I had also spoken to her mother, who resided at the same residence. It was easier to have them come out to my car, so they – so I could separate them.
Q	Seperated them?
A	Correct.
Q	And so she looked through the lineup sequentially, one at a time?
A	To the best of my recollection, yes.
Q	You don’t remember spreading them across the dashboard?
A	No.

MR. BRANDBORG: I have nothing further, Your Honor.
THE COURT: Quick question for you investigator.
BY THE COURT

Q	That was in regards to Ms. Haas, do you recall how long or what the date was that you actually went and showed her those photographs after June 24, 2006?
A	Brandee Haas?
Q	Yeah.
A	If I could refer to my report?
Q	You may.
A	Yeah as I recall that was on July 4th of 2006.

Q	Detective, did you show the photo lineup to a woman by the name of Tecola Sparks?
A	Yes I did.
Q	Did you show her the lineup on the same day that you showed the lineup to Joanna Kjono?
A	Yes I did.
Q	Where was Tecola Sparks when you showed her the photo lineup?
A	It’d be the family room or TV room of her residence in West Fargo.
Q	What procedure did you follow in showing her the lineup?
A	Much like the lineup was shown to Brandee Haas. I provided it to her, handed it to her, she viewed it one by one, in sequential order.
Q	You’re familiar with the documents that the State has had marked in evidence here this afternoon, State’s Exhibit #3, and then State’s Exhibit #4. 3 and 4 added together constitute the first photo lineup that you showed these witnesses, is that correct?
A	I guess I haven’t seen them personally, but - - yes, both of these exhibits make up lineup - - the first lineup I did.
Q	I think in response to a -- you’ve already described what Brandee Haas did. Did Tecola Sparks pretty much look at this in the same manner in which Brandee Haas did?
A	Yes she did, to the best of my recollection.
Q	Did you then show this same photo lineup to a Cassandra Belgarde on July 5, 2006? If you take a look at the back of State’s Exhibit #3, which is actually photograph #7 as part of the lineup, it in fact bears the signatures, and the dates, and the times when these individuals looked at the document, isn’t that correct?
A	Yes, I showed and Cassandra Belgarde viewed the photo lineup on July 5th, 2006.
Q	Where did her viewing of the photo lineup take place?
A	At her residence.
Q	How did you show the photo lineup to Cassandra Belgarde?
A	To my - - the best of my recollection it was viewed in much in the same form that it was viewed by Brandee Haas and Tecola Sparks, one by one sequential order.
Q	So you had a stack of eleven photographs, is that correct?
A	That’s correct.
Q	You had in some way – how did you obscure the name of the individual in each photograph?
A	Well, basically I just took the very bottom of each sheet and folded it over the personal identifying information on each photograph.
Q	So the name was not visible on these photographs when you showed them to Sparks, Haas, and Belgarde, is that right?
A	Never, no
Q	Let talk - - I know we’ve had Ms. Kjono describe the fact that she was very careful, it took her twenty minutes minutes to decide, she didn’t want to make a mistake, and then she ultimately picked out State’s Exhibit #3, the seventh photo in your lineup. Can you describe the manner in which Tecola Sparks identified the Defendant’s photo?
A	Well again, she viewed it in sequential order, one by one.
Q	Did she take a long time, twenty minutes?
A	No, she did not, she probably made identifications less than five minutes.
Q	Okay.
A	Very fast and sudden.
Q	Do you recall the words she said when she identified State’s Exhibit #3, the seventh photograph in the lineup of this Defendant or not?
A	Just that she identified the person as being at the Red River Valley Fairgrounds on the night of the physical altercation, where he was and what she witnessed him doing.
Q	So she was – she went into more detail than Ms. Kjono, is that correct?
A	Yes, yes, I believe so, yes.
Q	What about Brandee Haas identification, how fast did that proceed? What – do you recall what she said?
A	Again to the best of my recollection, it was fairly sudden and fast, probably again within five minutes.
Q	And what about Cassandra Belgarde, again how long did it take her, how definitive was she in her identification?
A	Again she appeared to be very definitive in her response as to who was at the Red River Valley Fairgrounds, what they were doing. Her response to viewing the photo lineup was very fast, very sudden.
Q	Ms. Kjono testified in front of the jury that she was very close to this entire incident when it took place. Do you recall what Ms. Sparks had indicated to law enforcement with regard to her proximity to this incident, the riot out at the fairgrounds?
A	Again, who are you talking about?
Q	Tecola Sparks.
A	To the best of my recollection, she just basically stated that she was in the immediate area where the physical altercation took place. As to whether or not she gave some parameters as far as distance, I don’t recall. I’m assuming we probably talked about that, but the implication I would have received from her, is she was immediately present in the immediate area where it took place.
Q	And what do you recall Brandee Haas telling law enforcement about her proximity to the riot?
A	Again, that she was in the immediate proximity of the physical altercation.
Q	And as far as the last witness goes, Cassandra Belgarde, what do you recall about her statement as far as her proximity to what was happening?
A	Again, in the very immediate vicinity of the physical altercation, as she was part of the family members who were at the fairgrounds.

MR. BOENING:  No further questions.
THE COURT:  Mr. Brandborg.
RE DIRECT EXAMINATION BY MR. BRANDBORG:

Q	Officer Kulesa, in reference to Tecola Sparks, you say you handed her the pile of pictures – pile for lack of better word here – stack, and she looked through them one at a time?
A	To the best of my recollection, yes, that’s what she did.
Q	And to the best of your recollection, it took about five minutes?
A	At the most.
Q	Okay.
A	It was very fast.

MR. BRANDBORG: I have nothing else for this witness, Your Honor.
THE COURT: Anything further Mr. Boening for the witness?
MR. BOENING: No, Your Honor.
THE COURT: You can step down, sir, thank you. Does the defense wish to call any other witnesses in regards to it’s oral motion on the record here today for the lineups?
MR. BRANDBORG: Your, Honor, I would like to call Tecola Sparks.
THE COURT: Mr. Boening, any objection to that?
MR. BOENING: No, Your Honor.