May 9, 2015

Recalled to the stand, Ferrer blows it by saying, "I can't recall every nook and cranny of the night" and getting testy and calling DDA's question stupid

Friday, the defense played the second interview that Juan Ferrer had with Detective Chris Ortega at St. Joseph's hospital where he said, he wanted to apologize and state his side of the story. Then he was questioned by his defense attorney Mr. Marek Reavis and instead of taking the opportunity to build on a couple of reedeming statements he made, he blew it by a bitter hostile attitude, claiming Sophie Rocheleau and Nicholas Stoiber were more drunk then he was, that his explaination for lying to law enforcement was that he was repeating what the "cops" told him, this was specifically in reference to the route he took home and not recalling  certain details about "Sophie and Nick"that night.

There were inconsistencies from what he said in this second interview and what he said on the stand, not once but more than a couple of times. As I listened to the interview, I will list those inconsistencies. Then on cross, he got testy with DDA Roger Rees, giving the same attitude and responses that he did the first time he was confronted with his lies and inconsistencies. Again, he snapped at Mr. Rees,  "I think that's a stupid question for you even to ask."

When Mr. Rees asked him about his interview and the dialogue he had with Detective Ortega, Ferrer said sarcastically, "We (Ortega and Ferrer ) had a better conversation than we're (Mr. Rees and
Ferrer)  having."

On the audio tape that was played, Ferrer tells Detective Ortega, "I told him to fuck off, he stopped in his tracks, he started charging at me. He was bigger than me, I was scared."

When Detective Ortega asked Ferrer why he was acting out the night before in his initial interview, "I was just afraid my life would be thrown away."

In this hospital interview, which is in December 2013, he says they left the Alibi before they ran into Anderson but on the stand he said Everett's, even after being asked if it was the Alibi. In court, he kept referring to the second interview and wanting it to be played so it isn't like he did not know what he said.

"I got scared, I pulled it out, I stuck it out, I thought he stopped, he just ran into me," Ferrer said during the hospital interview. He then describes to Detective Ortega how he held it yet in court when Detective Ortega said he stuck his hand out, Ferrer says, "I held it out like this" yet later in court  Ferrer later denied this on the stand. Again, his own words catch him in a lie.

"The way he was talking," Ferrer referring to Anderson in the hospital interview and then calling Anderson a Nazi based on a black trenchcoat that Anderson was wearing. This from the man who claims homophobic statements were made about him.

Detective Ortega tells Ferrer in the hospital interview, "Sophie and Nick told me he did not have a weapon."

Ferrer responds, "No." Yet on the stand, he claimed Anderson had his hand in his pocket and Ferrer said he thought Anderson had a weapon.

In his hospital interview Ferrer says Anderson was "running at me". In his court testimony, he says Anderson turned around and walked towards him. This contradicts the testimony Sophie Rocheleau, who was with Ferrer that night gave because she said they mutually approached each other.

Detective Ortega: "So you are telling him to fuck off triggered him to come across the street". Ferrer never mentioned this except in the hospital interview.

Ferrer: "Yeah."

In the hospital interview, Ferrer tells Detective Ortega that Anderson is unarmed and that him yelled at Anderson triggered the physical altercation. On the stand, it's a different story.

Ferrer: "It's ridiculous, it went from bad to ugly in five seconds."

Detective Ortega: "Why did you fight? You got Nick. You got Sophie, you got your girl jumping in"

Ferrer: "Out of fear, he was aggressive."

Detective Ortega: "From what I gather at no point this guy is winning the fight so why fight with three of you?"

Ferrer: "None of us wanted it to happen. None of us wanted him to get stabbed. "

Detective Ortega: "What was your intention, Joey?"

Ferrer: "To scare him."

In this hospital interview, he mentions taking a Vicodin before he drank and went out drinking that night. He admits to tossing the knife but cannot give details where.

Detective Ortega: "Did you think if you had it on you; you'd get in trouble?"

Ferrer: "Yeah."

Detective Ortega asked Ferrer why he did not call an ambulance, His response was mumbled and hard t understand. The entire hospital interview was conducted with a loud beeping noise form the machine Ferrer was hooked up to in the hospital. Then Detective Ortega says, "But you stabbed him in the stomach."

Detective Ortega: "I'm sorry for you, sorry for your family, sorry for your friends but most of all I am sorry that guy is dead."

Ferrer: "I'm going to have to live with that the rest of my life, no matter what happens. I feel badly for his family, there is nothing I can say""

Ferrer: "None of us have a record for violent offenses. I have been in jail before once for petty theft." No one would have never known about this if the second interview was not played and it was by the defense, not the prosecution.

Ferrer: "Because of my bad judgement, I throw everything away, I am not a murderer"

Then when Mr. Reavis questioned him briefly before DDA Rees cross examined him and brought up the inconsistencies, Ferrer blew it. He claimed "Sophie and Nick" were more drunk than him, even after Detective Ortega testified Sophie Rocheleau was the least drunk of the three. Through testimony, Ferrer had the most to drink.

In a bitter response to the inconsistencies in a question to his own attorney Ferrer said, "I cannot recall every nook and cranny of that night."

But, he can recall the details that paint the victim in a bad light and support his defense.

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