Apr 28, 2015

"You keep using that word fatal, why?"; "So he didn't fall on the knife, it went into his chest when you pushed him off?" DDA Rees uses Ferrer's own words to trip him up

DDA Roger Rees was masterful in his cross. If this was  a chess game, DDA Rees got Ferrer to checkmate with every move; in this case every question. This is how Mr. Rees opened his cross of Ferrer.

DDA Rees: "You were angry because you never got to see a photo of Anderson-Jordet?"

Ferrer: "Yes."

Mr. Rees then walked up and showed Ferrer the same smiling photo of Douglas Anderson-Jordet the jury saw during opening arguments.

DDA Rees: "Is that the man you killed on November 2?"

Ferrer: "Yes."

DDA Rees: "You stuck your knife in his chest and he died."

Ferrer: "No."

DDA Rees: That is where Doug died." Mr. Rees showed Ferrer the photo with evidence markers on 12th and H with blood.

Ferrer: "I don't know."

DDA Rees: "Did he pick up a rock? Did he pick up a knife?" Mr. Rees brought  the point the home that Douglas Anderson was unarmed. Mr. Rees then quoted what Ferrer said about no one deserving to die for hurling insults.

Mr. Rees asked Ferrer, "The sequence of interviews you gave, you stand by everything?"

Ferrer responded, "I stand by what I said. I didn't kill anyone."

Mr. Rees then started pointing out the inconsistencies and lies and used Ferrer's own words against him which led to Ferrer ultimately saying he was lying, getting defensive with Mr. Rees, losing his cool on the stand, easily getting upset with just words and while he did not physically get up and attack Mr. Rees, Ferrer after a series of questions frustrated attempted to make Mr. Rees look like a bully and him the victim. That tactic worked against Ferrer.

DDA Rees completely destroyed Ferrer's credibility in less than an hour this morning and his cross will continue tomorrow.

DDA Rees: "You said you rode a bike home, that was a lie"

Ferrer: "Yes."

DDA Rees: "You told your grandmother about with a fight with a skinhead, that was a lie."

Ferrer said he thought that about Anderson-Jordet based on his trenchcoat.

DDA Rees: "You told your grandmother you head butted him."

Ferrer: "No."

DDA Rees: "Who did you tell you stabbed Doug? Sophie? Did you tell your sister?

When Ferrer denied telling either of them, Mr. Rees brought up Ferrer's text: "Only my sister aside from you and soph and my fam are gangsters no snitching"

Then Mr. Rees brought up the fact that Ferrer denied the "I stuck him to get past him" statement he made to Deputy Scott Harris.

Ferrer got defensive and tried to talk his way out.

Mr. Rees then said, "You told Detective Ortega just the summary but you are saved all the truthful details for here today, in court?"

Ferrer: "Yes"

DDA Rees: "So you stand by the first interview and second interview?"

Ferrer: "yes."

Mr, Rees asked him about the LOCO article and Ferrer said he could not recall when he read it or if there was a date on the post.  Mr. Rees showed him a print out of the article with date and time. Contrary to what Ferrer had said in direct testimony earlier that morning about nothing being in the media, the date of November 26, 2013 at 9:58 a.m was in the article.

Then, Mr. Rees brought up the text message from Ferrer to Nicholas Stoiber: "Dude, I am not trying to scare you but I'm sure lossy coast outpost is about us." Ferrer said that Stoiber brought this up to him.

DDA Rees: "Why did you tell Mr. Stoiber, as long as the weapons don't come up, we are clear." This is another text message we saw in court before. Ferrer said he did not want the knife to be used to incriminate him for a another crime.

DDA Rees: When you were walking away, which one of you suggested you call the police?"

Ferrer: "no one."

DDA Rees: "Which one of you suggested you call the fire department?"

Ferrer: "No one."

DDA Rees: "Which one of you suggested you call the paramedics?"

Ferrer: "No one."

DDA Rees: "Did you go back and check to see if he was okay?"

After this, DDA Rees walked Ferrer through his own version of threats and what happened and how the altercation resulted in Anderson-Jordet getting wounded by the knife.

At this point, Ferrer was backed up, he kept changing stuff around and said Anderson-Jordet was walking away from him. This is different than what he described in direct testimony.

Mr. Rees noting that now according to Ferrer, Anderson-Jordet was walking away from him, he asked Ferrer, "Why didn't you let him walk away, why did you say Fuck you too, man."

Ferrer got testy and responded, "I wish I had let him. That would have changed events."

DDA Rees: "Were you tired people picking on you?" He asked Ferrer to describe what he was wearing that night. Ferrer described his clothes and that he had black nail polish and platinum bleached hair.

DDA Rees: "What about your appearance would associate you with the LGBT community instead of punk/goth? Nothing about your appearance suggests you were a member of the LGBT community?

These questions rattled Ferrer. Then Mr. Rees asked him, "How would you describe you were dressed?"

Ferrer: "Punk/goth."

Mr. Rees asked Ferrer what about Anderson-Jordet being dressed in a trenchcoat made him fearful. Ferrer said that he associated the trenchcoat with "the greater right wing Nazi culture of Punk."

In his earlier testimony, Ferrer had said his weekend and his trip to San Francisco had been ruined due to the altercation.

DDA Rees: "So your weekend was ruined but you still did stuff when you went to San Francisco?"
Mr. Rees brought up that Ferrer went to see the punk band, Seeing Red, he went twice to Hello Kitty store, and had a nice family dinner at Thanksgiving. At first Ferrer tried to say he only went to the Hello Kitty store to appease "Sophie" but when Mr. Rees confronted him with two photos on facebook, he backed off.

Then DDA Rees asked: "How was your weekend ruined?"

Ferrer: "I was trying to keep my game face on."

Bringing up Ferrer's own statement that he drank before his arrest. This is while he was at his grandmother's house where he lives and said he watches her almost 24/7.

DDA Rees: "Who watches your grandma when you get drunk?"

Ferrer got upset saying his aunt was over that night.

DDA Roger Rees: "So is that a regular thing that if your aunt is over, you get drunk?"

Mr, Rees asked Ferrer why he sent a text to Stoiber on Thanksgiving Day asking if they were in the clear if he did not know the victim was Anderson-Jordet until he was arrested on December 3. Mr. Rees also brought up another text about no other witnesses besides us and Ferrer's response was that he was referring to witnesses to the fight between him and Anderson-Jordet.

Mr. Rees asked him if he told his sister about a stabbing and Ferrer said he didn't say stab, he just said a fight. And then Mr. Rees brought up the no snitching text messagde and Ferrer said he didn't want to be connected  with another stabbing.

"That's just fate," said Ferrer.

"No, that's not fate, you stabbed him," said Mr. Rees.

DDA Rees: "When you were walking, you said you might have heard him, did it cross your mind to check on him?"

Ferrer: "There was no indication he was fatally hurt."

DDA Rees then asked Ferrer, "You had never seen him before. So why did you think he was violent?" He asked Ferrer if he saw anything in the bar that would indicate that Anderson-Jordet was violent. He asked Ferrer that Anderson-Jordet was walking away so what violence was Ferrer afraid of.  Asked of there was any physical threat.

Ferrer: "No just slurs" Then called it a "verbal assault."

DDA Rees:
At some point did you three agree to get off the main road so police wouldn't see you." Ferrer said no and denied hearing police sirens that night.

Mr. Rees asked Ferrer that why didn't he tell Sgt. Sligh it was self-defense in that first interview? Ferrer responded, "I didn't want to implicate myself. I didn't have a lawyer. They already had their theory."

DDA Rees: "In 8 days between the incident and arrest, how many times did you talk to Nick?' At this point Mr. Reavis objected to what talk means so Mr. Rees clarified all the ways possible to communicate: facebook, instagram, phone, text, email.

Ferrer: "Two or three times by phone. You have the text messages." Then added, "I didn;t send any smoke signals. Just earlier he had testified that Stoiber was annoyed that Ferrer was contacting him a lot during the trip. Another lie.

DDA Rees: "At any point did Nick indicate he would tell the truth if he was Mirandized?"

Ferrer: "No."

DDA Rees: "Why did you ask the detectives if they had video of stabbing?"

Ferrer: "Because they were accusing me, I wanted proof."

DDA Rees: "How hard did Doug hit you in the head?"

Ferrer: "Not that hard, it's what he said."

Then Mr. Rees brought out a transcript from Ferrer's second interview with Acting Sgt. Ortega. Again using the statements Ferrer testified momets ago, Mr. Rees exposed another discrepancy and lie about the version of events he testified about the altercation.

Again, Mr. Rees asked if anyone expressed any concern about Anderson-Jordet while they were walking away.

"Nobody thought anything fatal happened."

DDA Rees: "You keep using that word, fatal, why?"

Ferrer: "From my knowledge it is not possible for a stab wound to be fatal. It is uncommon."

DDA Roger Rees: "How common is it to die from a single punch?"

DDA Roger Rees: "Going back to that first interview, you described the route you took. Why did you lie?"

Ferrer: "I didn't want to get anyone in trouble."

DDA Rees: "Detectives asked you about self-defense, you said you were not attacked that night."

Ferrer: "I was lying, yes."

DDA Rees: "Do you wish you had told Detective Ortega the truth that night?"

Ferrer; "I don't think it mattered."

DDA Rees: "Are you and Sophie dating today/"

Ferrer: "We are still communicating. I don't expect her to be monogamous."

DDA Rees: "Does she consider you her boyfriend?"

Mr. Reavis objected at this point.

Then DDA Rees brought up that Ferrer testified yesterday that he was trained in dealing with an angry autistic person and asked him why it would be any different than dealing with an angry drunk?

Ferrer responded, "It's different."

 DDA Rees asked to Ferrer to clarify how Anderson Jordet fell on the knife. After Ferrer actied out the scenario again, and showed what occurred, DDA Rees said, "So, he didn't fall on the knife. The knife went into his chest when you pushed him off."

Mr. Rees also got Ferrer to suddenly remember a different reason why he had the knife and where he located it, which was at Stoiber's house. Ferrer said he wished he didn't have the knife that night.

"So that is another thing you wished had been different," said Mr. Rees alluding to the comments Ferrer made about what he wished he had told Detective Ortega and about him wishing he had let Anderson-Jordet walk away.

This is how today' session ended:

DDA Rees: "If you didn't have the knife, how would you have defended yourself."

Ferrer: "Fist fight."

This is important because on direct, Ferrer answered Mr. Reavis saying he could not run because of his weight, that Anderson-Jordet was bigger than him, that he did not have any experience fighting. It will also go to the argument of use of reasonable force.


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