Trial Transcripts

Prosecution Witness #9: Cassandra Belgarde

THE COURT: The State may proceed.
MR. BOENING: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. BOENING

Q	Please state your full name.
A	Cassandra Markel Belgarde.
Q	How do you spell your first name?
A	C-a-s-s-a-n-d-r-a.
Q	How do you spell your last name?
A	B-e-l-g-a-r-d-e.
Q	Ms. Belgarde, how old are you?
A	Twenty-two.
Q	What community do you live in, Ma’am?
A	I live in Moorhead.
Q	Okay, are you married or single? What’s your marital status?
A	I’m engaged.
Q	Okay, who are you engaged to?
A	Jose Arpero.
Q	Do you have any children, ma’am?
A	Yes, I do, I have four.
Q	Ma’am I want to direct your attention to the 24th of June, 2006. Did you go to the Red River Valley Fairgrounds on the evening of that day?
A	Yes I did.
Q	Who did you go to the fairgrounds with?
A	Well, I had brought like four tickets to my sister-in-law, Rosa Garza.
Q	Okay.
A	And I went by myself, but I had met my fiancé and his family there.
Q	Okay.
A	And the children.
Q	And your fiancé is Jose, correct?
A	Yes.
Q	And his brother is Juan, is that correct?
A	Yes.
Q	And Juan’s wife is Rosa, is that correct?
A	Right.
Q	And you were out at the fairgrounds with them—

MR. BRANDBORG:  Your Honor, could I jump in, I’m sorry, my client tells me that his battery’s low or something.
THE COURT: Okay, so we’ll interrupt, and appreciate that notice. So, Mr. Boening, if you’d just hold off for just a moment while we make sure all the interpreting equipment is going well. Mr. Brandborg, that just occurred this moment, so we didn’t miss anything.
MR. BRANDBORG:  He just let me know just this moment, Your Honor.
THE COURT:  Okay, and the Defendant indicated to the Court as well, he didn’t miss anything.
So we do have a new battery in now, and we’re all running and functional. Mr. Boening, you may proceed.

Q	(BY MR. BOENING)  What did you and your family do out at the fairgrounds?
A	We were there as a family, we were taking the kids on the rides, and then all of a sudden we got approached.

THE COURT:  Okay, so hold on again, Mr. Boening. Technology is a wonderful thing, but it’s – sometimes it doesn’t work, so we’ll just hold tight. So, Mr. Defendant, is the equipment working now?
THE DEFENDANT: Yeah.
THE COURT: And so the Defendant indicated to me the equipment is now working. Madam Interpreter, it’s working? Okay, and so did Madam Interpreter, so we’re ready to go, and I do appreciate that. You folks let us know if we have any problems again. Mr. Boening, if you’d ask that question again, so take one step back if you’d be so kind. Mr. Boening, you may proceed.

Q	(BY MR. BOENING) Thank you. Ma’am, I think what I asked you, is what you did and where you went on the fairgrounds. What did you do, and where did you go on the fairgrounds?
A	I met them with the tickets so they could get their bracelets. And then from there we were ready to get on the rides, and then we were approached by many different men.
Q	Okay, so you were at the – I think some people call it the Midway area, the portion of the fairgrounds where they have rides, is that correct?
A	Yes, uh-hum.
Q	And you were there with your fiancé, Jose, is that right?
A	Uh-hum.
Q	And I think you said, you have four children, --
A	Yes.
Q	--were all four of your children there also?
A	No, I was pregnant at the time.
Q	Okay. So, --
A	I had three of them with me.
Q	Three children with you. And was there then some sort of an incident that took place as you were at the rides at the fairgrounds? Can you explain what happened?
A	Yes, we were walking towards the fairground where we were going to get on the rides, and then a bunch of people approached my fiancé. And one guy in particular had asked him if he had a problem, and he threw a punch at him. And my fiancé was like, you know, he looked back to see who he was talking to because we were like, oh we don’t know why, you know they would approach us, cause, you know we were just there as a family. Clearly we had all of our children, and we were like clueless to why this would have happened.
Q	Okay, so somebody approaches your fiancé, asks him whether he had a problem, and then you say he threw a punch, are you referring to your fiancé or the other person?
A	The other person had threw a punch at him.
Q	Okay, after he threw that punch at him, what happened?
A	They ganged up on the rest of the group. They kinda of like spread out and attacked everybody that was around.
Q	When you say they, who are you referring to?
A	I’m referring to the other group of people.
Q	Okay, and who did they then attack?
A	Our family.
Q	Were you in fact attacked?
A	I had a punch thrown at me because I was yelling at them for like, hitting my fiancé in the back with a bat. And one of them had approached me, and he was going to throw a punch at me, and he nicked my eye. And that’s the only thing that happened to me.
Q	Okay. Ma’am, let me ask you a question, I’m not sure what’s politically correct. Some people refer to an ethnic group as Mexicans, other people refer to them as Hispanics. You are in fact one of those two or not?
A	No, I’m Native American.
Q	Okay, Native American?
A	Uh-hum.
Q	Is – do you know what’s more politically correct that the other, is – do people – is for example, is Jose Arpero, your fiancé, is he from a Mexican American or Hispanic family?
A	Yes.
Q	Do you know –
A	Mexican.
Q	Mexican?
A	Yes.
Q	Was there anything about this group that was – that approached you and the other people out at the fairgrounds, that struck you with regard to their ethnicity? Could you tell, were they a part of some other ethnic group?
A	Yes, clearly.
Q	And what ethnic group did you believe that they were part of?
A	Bosnian.
Q	How many other Bosnians at this point do you believe were – approached your family? I know you’ve said, they and it’s another group, can you put a number on the number of other people?
A	I would say twenty-five to thirty. It was a pretty big group.
Q	And were they on all sides of your family?
A	They like approached us from this way, there was a big group of them, and then they spread out, like they pretty much circled us. But they were attacking people around us, so there was like four people on my fiancé, and then another four maybe on my brother-in-law.
Q	Okay.
A	And then the other ones were fighting people around them.
Q	Okay. Did you know any of the people, did you know any of the people who came and fought with your family by name?
A	Any of the people—
Q	Who fought with your family, did you know the names of any of those people?
A	Yeah.
Q	Okay, you knew – maybe I’m not asking this right. You knew the names of your family members, right?
A	Right.
Q	Did you know the names of any of the Bosnian individuals?
A	Oh, no. I’ve seen faces before, but I have never associated with –
Q	How long did it take for law enforcement to get there?
A	I would say thirty to forty-five minutes.
Q	Seemed like a very long time for you?
A	It did, yeah, there was a lot of commotion within the kids and everything else that was going on.
Q	I think you indicated that your fiancé was struck by a bat, is that correct?
A	Right, three – four – four times maybe.
Q	How many bats do you remember seeing out there as part of this entire incident? One or more than one?
A	I only remember seeing one. But somebody said it was an aluminum, but I didn’t see if it was. I just heard it strike.
Q	So you heard the striking sound, did you actually even see the bat?
A	Yes I did, yup.
Q	Did you see the bat while it was being held by a Bosnian person, striking one of your family members?
A	Yes.
Q	Okay, so you actually saw a person who did some striking with a bat, is that correct?
A	Right, uh-hum.
Q	However you were not able to give law enforcement the name of – or the names of the persons who were involved with this incident with your family, is that correct?
A	Right.
Q	Ma’am, is it true that you were then subsequently interviewed on the 5th of July, 2006 by deputy Al Kulesa?
A	Yes.
Q	And did Deputy Kulesa in fact show you a photo lineup at that time?
A	Yes he did.

MR. BOENING: Your Honor, may I approach the witness?
THE COURT: You may.

Q	Ma’am, I’ve laid down in front of you on the bench there, two different exhibits. One is State’s Exhibit #3, that’s the one on your right, that’s a single page bearing the color photograph of a person. And then on your left is State’s Exhibit #4, that’s a multi-page document, I believe there’s actually ten different photographs in State’s Exhibit #4. If you would ma’am, could you just flip through – pick up State’s Exhibit 4, and flip through it, and look at it please.          And ma’am, was this is fact the photo lineup, both State’s Exhibit 4 and State’s Exhibit #3, that were showed to you by Deputy Kulesa on or about the 5th of July, 2006?
A	Yes.
Q	Now as I understand it, you actually picked out a couple of different photographs from that lineup as persons who are participating in this incident out at the fairgrounds, is that correct?
A	Yes.
Q	Did you in fact pick out State’s Exhibit #3, that document you have in your hand?
A	Yes I did.
Q	And when you picked out State’s Exhibit #3, did you know the name of the person depicted in that photograph in State’s Exhibit #3?
A	No sir, they had it folded.
Q	So you couldn’t actually see the name of the person, but you saw the picture, is that right?
A	Uh-hum.
Q	I’d ask ma’am, if you flip over the backside of State’s Exhibit #3, do you see anything on the backside of that document that you recognize?
A	Yes, my signature.
Q	Okay.
A	And the date and time.
Q	And why does your signature and the date and time appear on the back of State’s Exhibit #3?
A	Because I remember the face from the fair.
Q	Okay, and did you in fact write your signature, and the date and time on State’s Exhibit #3?
A	Yes, I did, yes.
Q	And was this person in fact a person in – the person depicted in State’s Exhibit #3, that photograph, was that in fact a person who was present at the fairgrounds and participating in the riot?
A	Yes.
Q	Let me ask you a question with regard to the bat. Do you remember whether or not the person in State’s Exhibit #3 was the person who was swinging the bat?
A	I don’t remember him swinging the bat, I do remember it in his presence.
Q	Okay, so you remember this person, in State’s Exhibit #3 as being present at the fairground, and participating in the fighting with your family, is that right?
A	Yes.
Q	But it would be fair to say that you don’t actually have a recollection of him swinging the bat, is that correct?
A	No.
Q	Do you know if there was more than one bat being swung out at the fairgrounds at your family?
A	I thought that – okay, my fiancé was getting hit in the back, and my brother-in-law also got hit in the head a couple of times.  I’m not sure if they were different bats, but I do remember them both happening pretty close together.
Q	Okay. Do you remember anybody with a bat jumping back and forth between your brother-in-law and your fiancé so that he could get swings in with the bat?
A	There was a lot of them, and I do remember somebody doing – I’m not sure if I could see them doing what they were doing at the same, cause everything happened so fast. But I do remember that there was more than one person with it, and I’m not sure if there was another bat involved, but I’m pretty sure that I saw different people with it.
Q	Ma’am, you were interviewed in this case on the 5th of July, 2006, we’re now here in January of 2006 (sic), you’ve had an opportunity to see the Defendant in this case in person now in this case. Today, more than six months after the incident, do you recognize the Defendant in this case as one of the persons involved in the riot out at the fairgrounds.
A	Yes.
Q	Have you had an opportunity to see the Defendant seated in the courtroom here today, since the incident out at the fairgrounds on the 24th of June, 2006.
A	I don’t recall.
Q	You’ve never come to the Cass county Courthouse and seen the Defendant at some sort of proceeding here at the courthouse?
A	No,  I never did come to any of the other ones.
Q	Ma’am, how certain are you that the Defendant in this case was one of the persons present at the fairgrounds involved in the assault, the attack on your family?
A	I’m very particular about remembering  faces, and I’m pretty sure – I’m like one hundred percent sure.

MR. BOENING: Nothing further.
THE COURT: Cross examination for the defense.
MR. BRANDBORG: Thank you, Your Honor.
CROSS EXAMINATION BY MR. BRANDBORG:

Q	Good morning, Ms. Belgarde.
A	Morning.
Q	How are you doing?
A	Good.
Q	Ms. Belgarde, do you recall previously giving a statement to law enforcement, just talking with them?
A	Yes I do.
Q	About the incident?
A	Yup.
Q	And you in fact looked at that lineup and picked out, I believe three pictures, is that correct?
A	Yes.
Q	Could you now go through that and pick out the other two?
A	Yes I could.
Q	Could you do that for me right now?
A	Yup. Number three.
Q	What’s the name on the bottom of that?
A	Sinan Suljic.
Q	Okay, and who else did you pick out?
A	Fahrudin?
Q	Fahrudin Hidanovic?
A	Yes. Did you need more?
Q	No, those are the two – those two and Mr. Hidanovic sitting next to me, you picked out the day that you saw the lineup?
A	Yup.
Q	And do you recall on that day telling the officers who you saw with the bat?
A	Yes.
Q	And of those – of the three pictures you picked out, which was the individual you saw with the bat?
A	This one right here.
Q	Whose that?
A	He’s also Hidanovic, Muv – I can’t say his name.
Q	So it’s your testimony today that back when you gave a statement to law enforcement, you told them that day, in fact of the 5th of July, that he was the one you saw with the bat?
A	I believe so.
Q	In fact, when you picked out those pictures, you didn’t indicate that, did you? You indicated that Sinan Suljic was the one you saw with the bat?
A	He was the one that approached my fiancé.
Q	You testified that you were positively certain that this individual walked up to her fiancé, and asked if he had a problem?
A	Yes.
Q	She went on to tell me the suspect, Sinan Suljic, at one time had a baseball bat in his hands, and that he was swinging it. Do you recall telling the officer that?
A	Probably, it’s been awhile since though, but –
Q	So it’s fair to say that your memory has maybe eroded a little bit since then?
A	Well, I recall seeing like maybe three individuals, not remembering exactly who.
Q	So, if – you’re under oath and we’re in a criminal trial here. This man is defending himself, he’s innocent –
A	Uh-hum.
Q	-- it’s very important that we’re positive on who you’re identifying here.
A	Yes.
Q	Back on the 5th of July, which was closer in time to the incident, --
A	Uh-hum.
Q	-- do you recall telling law enforcement the fact that Sinan Suljic was the one you saw with the bat?
A	Yes, yes.
Q	And he’s – you identified him in the picture there?
A	Yes.
Q	And in fact you did identify, Fahrudin Hidanovic, and you said that he was directly involved in the fight, but you weren’t certain how.
A	Yes.
Q	That’s what you told law enforcement back on the 5th, and then last you did identify Mr. Hidanovic seated next to me, and that person you basically just said, was present in the fight and you were – you thought he was involved, but you didn’t tell the officer how or what he had done. Is that correct?  That’s correct?
A	Yes.
Q	Okay, so back on the 5th of July, when you picked out his photograph, you didn’t tell law enforcement that you had saw Mr. Hidanovic with the bat?
A	I probably didn’t, no.
Q	Okay, and that was closer in time to the actual incident than we are now?
A	Uh-hum.
Q	So, is it a fair statement to say that you’re not really sure today?
A	I saw several people with – in the presence of the bat, but I can pick out faces.
Q	Let me ask you this then, is it fair to say that you can’t say that this man sitting next to me had a bat that day, is that correct?
A	It could be, but he was actively participating in the riot.
Q	Let me ask you this, but you didn’t see him with the bat? I don’t want you to speculate.
A	Okay.
Q	Because this is important, I just want you to be honest.
A	Yes.
Q	You did not see this individual with a bat, correct?
A	I believe so in the back of my mind, I do believe so.
Q	But back on the 7th of – or I’m sorry, on the 5th of July, you didn’t say that he had a bat?
A	There were several of them.
Q	But back on the 5th of July, you only testified that Sinan Suljic had a bat, correct?
A	Yes, I  know he did, because he had approached my fiancé.
Q	And so it’s a fair statement that you don’t know who else had a bat? Is that fair?
A	I would say so, but I’m –
Q	Okay, that all I want to know.
A	-- pretty positive.
Q	And you don’t recall – you said you weren’t certain what the bat was made of that you did see?
A	That’s right. I heard a cling, and that’s all I got.
Q	Okay, and back on the 5th you even testified you saw Sinan swinging the bat, correct?
A	Yes.

MR. BOENING: Your Honor, I object to this reference to testimony. There’s no testimony on the 5th of July.
THE COURT:  The objection is sustained, you may rephrase your question, Mr. Brandborg.
MR. BRANDBORG: I’m sorry.

Q	(BY MR. BRANDBORG)  Your statement to law enforcement back on the 5th of July, was that you saw Sinan swinging the bat?
A	And that’s the other individual, right?
Q	You can look in the photos.
A	Yes.
Q	Okay. This other individual that you picked out there, you can flip to his page, Fahrudin Hidanovic.
A	Uh-hum.
Q	You didn’t – you’re not certain if he had a bat or not either?
A	I’m not sure.
Q	Okay, and you’re not sure if there were more than one bat?
A	No, I’m not.
Q	And you’re not sure who these individuals were attacking specifically?
A	No.
Q	Okay, could you describe for me what Mr. Hidanovic – State’s Exhibit #3, was wearing that day?
A	No.
Q	Can you tell me what Sinan Suljic was wearing that day?
A	I believe he was wearing a creamish sweater with an imprint – well I’m not sure if it was an imprint, but it was a design on the – just like a stripe across. I did see several of them, they were pretty colorful, maybe jump suits, and they had their hats, little –
Q	Let me ask you this, did that cream – was that the sweater he was wearing?
A	I believe so.
Q	Did it have a hood?
A	I don’t think so.
Q	And just to be certain, Sinan Suljic in the cream sweater, you saw swinging the bat?
A	That’s right.
Q	Mr. Suljic – Sinan Suljic, I’m sorry, he in the cream colored sweater, can you recall what kind of pants he had?
A	No.
Q	Did you see him remove the bat from his clothing?
A	No, they had it out in the open. That’s why it was—
Q	And this whole event was very startling?
A	Yes.

MR. BRANDBORG: I don’t have anything further, Your Honor.
THE COURT: Re direct for the State of North Dakota.
RE DIRECT EXAMINATION BY MR. BOENING:

Q	Ms. Belgarde, I have the benefit of having your statement that – the report of what you said to Detective Kulesa on the 5th of July. You also actually picked out photograph number nine, is that correct? Can you flip to photograph number nine?
A	Yes.
Q	According to detective Kulesa’s report, you said that you’re absolutely certain he was present on the Midway when the fight took place, however you did not see him actively participate in the fight. You put the date, the time and signed the back of that exhibit, is that correct?
A	Yes.
Q	So you were able to distinguish between – you were able to remember people who were – you saw out at the fairgrounds, and who may have been of Bosnian decent, but who weren’t even participating in the fight, is that right?
A	That’s right.
Q	And you’re not testifying today that you saw the Defendant in this case, the person depicted in State’s Exhibit #3, the Defendant seated on my right, on your left, as swinging the bat, but there may have been more than one bat involved, and the Defendant may have been swinging the bat to the best of your recollection, is that correct?
A	That’s right.

MR. BOENING:  Nothing further.
THE COURT: Re cross for the defense?
RE CROSS EXAMINATION BY MR. BRANDBORG:

Q	Ms. Belgarde, Mr. Boening just asked you about – there maybe have been two bats, correct?
A	That’s right.
Q	And maybe Mr. Hidanovic was swinging it, correct?
A	Right.
Q	But you don’t know, correct?
A	Swinging the bat, no.
Q	Holding the bat, no? Your testimony earlier was that you didn’t see him with the bat.
A	Earlier as in the 5th?
Q	As in today?
A	As in today, no.
Q	So you’re not certain if he had the bat?
A	No, not certain.

MR. BRANDBORG: Thank you, no more questions.
THE COURT: Any further questions for this witness for the State?
MR. BOENING: No thank you, Your Honor.
THE COURT: And may the witness be excused?
MR. BOENING: Yes, Your Honor.
THE COURT: Same question for the defense?
MR. BRANDBORG: Yes, your Honor.
THE COURT: Ma’am, you can step down, you’re free to go.
MS. BELGARDE: Thank you.
THE COURT: Mr. Boening, if you’d be so kind to retrieve the exhibits?
MR. BOENING: Yes, Your Honor.
THE COURT: Thank you. For the State of North Dakota, Mr. Boening.