Trial Transcripts

Prosecution Witness #5: Joanna Kjono
Testimony #3

CONT’ CROSS EXAMINATION BY MR. BRANDBORG:

Q	Good morning, Ms. Kjono.
A	Morning.
Q	As I recall when we left off, we were talking about recognizing the photographs a little bit.
A	Correct.
Q	Okay. And you had said yesterday that you can’t say one hundred percent that Mr. Hidanovic is the individual you saw at the fair that day, correct?
A	Uhm – today –
Q	Today?
A	--like when I saw him, I – cause it’s been so long.
Q	Okay. You had previously given a statement to law enforcement, correct?
A	Correct.
Q	A written statement?
A	Yes.
Q	And you had previously talked to law enforcement separately in that as well, a couple of other times, correct?
A	I believe so, yeah.
Q	When they came and showed you the lineup?
A	Yes.
Q	Okay, and during that time you never identified the people – I’m sorry, you never identified Mr. Hidanovic’s picture with the person who had a bat, did you?
A	I wasn’t really sure.
Q	Okay, so you can’t say that the picture you previously identified was the person who had a bat at the fairgrounds. Is that correct?
A	At the time I saw the pictures, I said that – yeah you’re right, I didn’t say that he – I wasn’t really sure what I just said –
Q	So, let me – but, you have to understand Ms. Kjono, we need to be sure. Was the picture you picked out, the person who had the bat at the fairgrounds?
A	I’m not sure, I just know that it –
Q	Okay, no that’s fair, I’m not – we just want you to be honest, but I understand what you’re saying. It’s a long time ago and at the same time it was startling.
Q	Ms. Kjono do you recall what the two individuals you picked out of the pictures – back there, that day. Do you recall what they were wearing the day you saw them at the fair?
A	No.
Q	Color of shirt?
A	No.
Q	Jeans?
A	I don’t remember.
Q	Hair style?
A	I know they shorter –
Q	Glasses?
A	-- and black. I don’t remember glasses.
Q	So you – what you’re saying, you remember a shorter hair – dark shorter hair?
A	Uh-hum
Q	And other than that, that’s about all you remember? Is that correct?
A	You mean like today, what I remember?
Q	Just remember the darker skin, the dark, dark hair, shorter hair.
Q	If we go back to the day you picked the photo out of the lineup. On that date did you remember what color of clothing they were wearing at the fair?
A	Didn’t remember the clothing, I just knew the picture, but I didn’t remember the clothing or anything.
Q	Is it a fair statement then, on the day you picked out that photograph, what you can say for sure, is you saw that face at fair, on that day? I’m not talking about today, I’m talking about on that day that you picked out that photo.
A	In the fight, yup.
Q	You saw him there at the location?
A	During the fight, yup.
Q	But you can’t say that you saw him – that person hitting anybody?
A	I saw that person fighting, I don’t remember –
Q	Let’s stop – who was that person fighting with?
A	It was like groups of people.
Q	What were they wearing?
A	A lot of them were wearing – I would say like jeans.  One guy I know, I remember seeing wearing a royal blue wind breaker. I remember it because it was all one piece.
Q	Royal blue, okay.
A	Yeah.
Q	And do you remember if that was one of the pictures that you picked out?
A	That wasn’t.
Q	That was not?
A	Uh-uh (negative response).
Q	So you don’t remember either of those two pictures you picked out, specifically who they were fighting with?
A	Correct.
Q	And after – it took you twenty minutes or so to decide those were the people when you did pick them out, is that correct?
A	I kinda decided right away, but I wanted to be sure, so I –
Q	So you looked at them for about twenty minutes?
A	I made sure I looked at them.
Q	You looked at them for about twenty minutes, and then decided?
A	Yeah.

RE DIRECT EXAMINATION BY MR. BOENING:

Q	Ms. Kjono, we’ve been talking here about the State’s Exhibit #3. That’s the photo you identified with Detective Kulesa on the 30th of June, 2006. Is that correct?
A	Correct.
Q	I think the last question that Mr. Brandborg asked you was, you could not say exactly what – the person was the fair, but you couldn’t say what they were doing. I think that’s the way he phrased his question, is that right?
A	Correct.
Q	Okay, so we’re clear on your testimony, when you identified that photograph, State’s Exhibit #3, the picture that has a seven written in a circle in the upper right hand corner. You told Detective Kulesa that that was in fact a person who was not only at the fairgrounds, right?
A	Right.
Q	But he was also participating in the fight –
A	Correct.
Q	-- is that right?
A	Correct.
Q	So you’re not confused about just maybe having seen the person walk through the fairgrounds, and buy a hamburger, buy some cotton candy, drinking a beer. This was one of the persons, this person in State’s Exhibit 3, that picture that you looked on the 30th of June, was a person who was there and participating in the riot?
A	Correct, yup.
Q	Do you know whether or not that person – well, did you actually see anyone swinging a bat?
A	I did.
Q	Okay, do you remember seeing only one person swing a bat or more than one person swing a bat?
A	I believe it was just one person, but it was so long ago. I know sure I saw one person using a bat.
Q	You actually – you hand wrote a statement that you provided to law enforcement on the 24th of June, 2006, is that correct?
A	Correct.
Q	You and I had a chance to review that statement last week when we talked in preparation for this trial, is that correct?
A	Correct.
Q	In your written statement that you wrote on the day of this incident, you wrote the word, bats, not bat. Is that correct?
A	Right.
Q	Do you remember doing that?
A	I probably did, yeah.
Q	If I gave you an opportunity to look at your statement, would that refresh your recollection about what you wrote on the 24th of June?
A	Probably, yes, it probably would.

MR. BOENING:  Your Honor, may I approach the witness?  I do in fact have her written statement that I would submit to her to refresh her recollection.
THE COURT:  And that’s been disclosed to the defense?
MR. BOENING: Yes, Your Honor.
MR. BRANDBORG: It has, Your Honor.
THE COURT: Any objection, Mr. Brandborg?
MR. BRANDBORG: No, Your Honor.
THE COURT: You may proceed, Mr. Boening.

Q	(BY MR. BOENING) Ma’am, I don’t want you to read this out loud, but just quietly read your statement. Now have – Ma’am have you had an opportunity to read your statement?
A	Yes
Q	And does that refresh your recollection or not?
A	Yes.
Q	And when you wrote your statement on the 24th of June, did you use the singular or plural form of the word bat?
A	Plural.
Q	You know what the difference is, don’t you?
A	Yes I do.
Q	So again, we’re here now in January of 2007, this event took place at the end of June of 2006. I think you’ve already indicated that today you can’t say that you recognize the Defendant as being one of the persons out there, correct?
A	Correct.
Q	Let’s talk about your memory today.
A	Okay.
Q	Today, do you remember there being one bat being used during these riots or multiple bats being use?
A	As far as bats go, I – today I only remember one.
Q	Okay.
A	I don’t know if more people used the one, but I just remember seeing one person swinging the bat.
Q	So here on the 4th of January, 2007, you recall seeing one bat, but you agree that in your written statement, you used the plural of that word, is that correct?
A	Yes.
Q	Ma’am why did you take so much time in examining the photographs?
A	I was really – at first when I was called by the officer to say that – he wanted me to look through photos, I was really scared. I really didn’t want to be involved. I know I went and – at the time everything happened at the fair, I went straight to the police station at the fair to fill it out, because it was – I wanted it fresh in my mind.  And after I did that, I kinda said, oh I feel not very comfortable doing that, because I didn’t want to be involved. So when I got called and when he brought the pictures, I just – at that point I, not only didn’t want to be involved, but I wanted to make sure that I did it right. And if I didn’t see a photo that I recognized, I wasn’t going to say anything. If there was one I wasn’t certain about, I wasn’t gonna say anything. So, when I looked through the photos and right away picked out the few that I remembered right away. Before I said anything – the majority of my time, the last eighteen or so minutes, I made sure I was right on that day.
Q	It sounds like you were kinda hoping that you wouldn’t recognize any of the pictures, is that right?
A	Yes, I – yeah
Q	But after carefully examining the photographs that the deputy showed you, you are certain that – you were certain at least when you examined these on the 30th of June, that this individual, in State’s Exhibit 3, photograph number seven, as indicated in the upper right hand corner of the photo, was one of the persons who was participating in the riot?
A	Yes, yes.

MR. BOENING: Nothing further.
THE COURT: Re direct for the – or re cross for the defense, Mr. Brandborg?
MR. BRANDBORG: Thank you, Your Honor.
RE CROSS EXAMINATION BY MR. BRANDBORG:

Q	Ms. Kjono, you can’t say that Mr. Hidanovic sitting next to me, was at the fair with a bat, can you? That’s a no?
A	That’s a no.
Q	And at no time in giving statements to law enforcement or in your written statement, did you ever allege that the photos you picked out, that those individuals had a bat, did you?
A	I don’t think so, no.
Q	Is that a no?
A	That’s a no.
Q	And those people in those photographs, you stated earlier, you don’t what they were wearing?
A	Correct.

MR. BRANDBORG: I have nothing further, Your Honor.
THE COURT: Mr. Boening, re direct for the State?
MR. BOENING:  Your Honor, may I approach the witness?
THE COURT: You may.
RE DIRECT EXAMINATION BY MR. BOENING:

Q	Ms. Kjono, we’ve been talking here about the State’s Exhibit #3. That’s the photo you identified with Detective Kulesa on the 30th of June, 2006. Is that correct?
A	Correct.
Q	I think the last question that Mr. Brandborg asked you was, you could not say exactly what – the person was the fair, but you couldn’t say what they were doing. I think that’s the way he phrased his question, is that right?
A	Correct.
Q	Okay, so we’re clear on your testimony, when you identified that photograph, State’s Exhibit #3, the picture that has a seven written in a circle in the upper right hand corner. You told Detective Kulesa that that was in fact a person who was not only at the fairgrounds, right?
A	Right.
Q	But he was also participating in the fight –
A	Correct.
Q	-- is that right?
A	Correct.
Q	So you’re not confused about just maybe having seen the person walk through the fairgrounds, and buy a hamburger, buy some cotton candy, drinking a beer. This was one of the persons, this person in State’s Exhibit 3, that picture that you looked on the 30th of June, was a person who was there and participating in the riot?
A	Correct, yup.
Q	Do you know whether or not that person – well, did you actually see anyone swinging a bat?
A	I did.
Q	Okay, do you remember seeing only one person swing a bat or more than one person swing a bat?
A	I believe it was just one person, but it was so long ago. I know sure I saw one person using a bat.
Q	You actually – you hand wrote a statement that you provided to law enforcement on the 24th of June, 2006, is that correct?
A	Correct.
Q	You and I had a chance to review that statement last week when we talked in preparation for this trial, is that correct?
A	Correct.
Q	In your written statement that you wrote on the day of this incident, you wrote the word, bats, not bat. Is that correct?
A	I probably did, yeah.
Q	If I gave you an opportunity to look at your statement, would that refresh your recollection about what you wrote on the 24th of June?
A	Probably, yes, it probably would.

MR. BOENING:  Your Honor, may I approach the witness?  I do in fact have her written statement that I would submit to her to refresh her recollection.
THE COURT:  And that’s been disclosed to the defense?
MR. BOENING: Yes, Your Honor.
MR. BRANDBORG: It has, Your Honor.
THE COURT: Any objection, Mr. Brandborg?
MR. BRANDBORG: No, Your Honor.
THE COURT: You may proceed, Mr. Boening.

Q	(BY MR. BOENING) Ma’am, I don’t want you to read this out loud, but just quietly read your statement.         Now have – Ma’am have you had an opportunity to read your statement?
A	Yes
Q	And does that refresh your recollection or not?
A	Yes.
Q	And when you wrote your statement on the 24th of June, did you use the singular or plural form of the word bat?
A	Plural.
Q	You know what the difference is, don’t you?
A	Yes I do.
Q	So again, we’re here now in January of 2007, this event took place at the end of June of 2006. I think you’ve already indicated that today you can’t say that you recognize the Defendant as being one of the persons out there, correct?
A	Correct.
Q	Let’s talk about your memory today.
A	Okay.
Q	Today, do you remember there being one bat being used during these riots or multiple bats being use?
A	As far as bats go, I – today I only remember one.
Q	Okay.
A	I don’t know if more people used the one, but I just remember seeing one person swinging the bat.
Q	So here on the 4th of January, 2007, you recall seeing one bat, but you agree that in your written statement, you used the plural of that word, is that correct?
A	Yes.
Q	Ma’am why did you take so much time in examining the photographs?
A	I was really – at first when I was called by the officer to say that – he wanted me to look through photos, I was really scared. I really didn’t want to be involved. I know I went and – at the time everything happened at the fair, I went straight to the police station at the fair to fill it out, because it was – I wanted it fresh in my mind.  And after I did that, I kinda said, oh I feel not very comfortable doing that, because I didn’t want to be involved. So when I got called and when he brought the pictures, I just – at that point I, not only didn’t want to be involved, but I wanted to make sure that I did it right. And if I didn’t see a photo that I recognized, I wasn’t going to say anything. If there was one I wasn’t certain about, I wasn’t gonna say anything. So, when I looked through the photos and right away picked out the few that I remembered right away. Before I said anything – the majority of my time, the last eighteen or so minutes, I made sure I was right on that day.
Q	It sounds like you were kinda hoping that you wouldn’t recognize any of the pictures, is that right?
A	Yes, I – yeah.
Q	But after carefully examining the photographs that the deputy showed you, you are certain that – you were certain at least when you examined these on the 30th of June, that this individual, in State’s Exhibit 3, photograph number seven, as indicated in the upper right hand corner of the photo, was one of the persons who was participating in the riot?
A	Yes, yes.

MR. BOENING: Nothing further.
THE COURT: Re direct for the – or re cross for the defense, Mr. Brandborg?
MR. BRANDBORG: Thank you, Your Honor.
RE CROSS EXAMINATION BY MR. BRANDBORG:

Q	Ms. Kjono, you can’t say that Mr. Hidanovic sitting next to me, was at the fair with a bat, can you? That’s a no?
A	That’s a no.
Q	And at no time in giving statements to law enforcement or in your written statement, did you ever allege that the photos you picked out, that those individuals had a bat, did you?
A	I don’t think so, no.
Q	Is that a no?
A	That’s a no.
Q	And those people in those photographs, you stated earlier, you don’t what they were wearing?
A	Correct.

MR. BRANDBORG: I have nothing further, Your Honor.
THE COURT:  Any further questions for this witness, Mr. Boening?
MR. BOENING: No thank you, Your Honor. From the State’s perspective she can be excused from any further attendance at these proceedings.
THE COURT: Mr. Brandborg, may this witness be excused?
MR. BRANDBORG: Yes, Your Honor.
THE COURT: Ma’am, you’re excused, you can step down and you’re free to go. Thank you.
MS. KJONO: Alright, thank you.