On Monday and Tuesday, EPD Detective Ron Harpham finished testifying. The People's first witness, Caroline Snow, had a memory loss on the stand on Tuesday and could not identify the three suspects she previously said were at her apartment, the night Jesus Garcia-Romero was stabbed. Nicholas Leigl is the only suspect placed at the crime of scene by her.
On Wednesday, Detective Harpham was recalled by the People and cross examined by defense attorneys. He was on the stand the entire day. He testified to the testimony of civilian witnesses, including Snow.
On Friday, People's expert witness, Paul Sprague will testify.
All defendants are being represented by private attorneys. Mario Nunez is being represented by Mr. David Celli, Joe Olivio III by Mr. Manny Daskal, Joe Olivio Jr by Ms. Christina Allbright and Nicholas Leigl by Mr. Michael Acosta.
Deputy District Attorney David Christensen started his questioning of Det. Harpham by stating, "you heard Caroline Snow testify yesterday about her not remembering/identifying the three other males."
Detective Harpham indicated yes regarding Snow's testimony in court. He then reiterated that Snow had previously identified Nunez, Olivio Jr, and Olivio III.
"Did she see one of them with a knife?" asked Mr. Christensen.
"She saw one of them with a knife," said Det. Harpham.
February 11, 2015, was the first time Det. Harpham met Snow. "I was working at my desk and a POP detective was at 1819 A street with a probationer name named Timmy C." Det. Harpham said that the C was short for a Laotian last name. "They called me or I heard her name on the radio and I responded to that location because I needed to talk to her. I parked at Del Norte and A, a full block away from the target house and asked her to come to my car." Det. Harpham said he thinks she was escorted to his car by a POP detective.
Det. Harpham said his objective was to "try and convince her to come down and tell her side of the story." Det. Harpham did not arrest Snow, she went in the car with him to EPD, where he interviewed her.
DDA Christensen asked Det. Harpham, "What were you asking her about? Did she know you were asking about the Jesus Garcia homicide."
Det. Harpham said yes.
Det. Harpham gave Snow's address, where she was living, the night Garcia-Romero was allegedly stabbed. "She knew the victim," said Det. Harpham. "He was a person who frequently stayed at her house. She referred to him as son. She called him Smiley because he did not like being called Jesus for some reason."
"Michael Grant aka Tank was the apartment," said Det. Harpham. "She said Jesus was trippin out that day. Both (Tank and Jesus) were acting wierd and trippin out. She didn't say scared. I relaized that later in the conversation. She opened the back door to let Nick in and saw the other three men come in; she realized why Jesus and Michael Grant were trippin out"
"She didn't say what Jesus was doing. Michael Grant was helping her take down a bunk bed to help her move. Nicholas Leigl had called. He came over that night shortly afterwards; sometime around/after 10 p.m. When Nicholas Leigl got to the apartment, he knocked on the back door. She opened the door and let him in. He came in and looked concerned. Seconds later, three guys came in."
"She ided the three men. Earlier, she said she knew of Nunez and Olivio, Jr. The packet of photos I was going to use for ID was laying on my desk." Det. Harpham told her he had photos for her to look at, "She looked down and said that's them." Det. Harpham said "she was very scared to make IDS."
"She was very demure and emotional," said Det. Harpham.
"How did she appear?" Mr. Christensen asked Det. Harpham.
"She was crying," said Det. Harpham.
She told Det. Harpham, "Little Joe had the knife."
Mr. Christensen asked, "What happened next?"
"She had a fear response, so she tried to stall. The person she knew as Oso, he said he was Miguel."
At this point, Mr. Christensen went over the nicknames that were being used and who they referred to:
Oso=Joe Olivio, Jr
Little Oso or Lil Joe =Joe Olivio III
(adult) Smiley=Mario Nunez
Lil Smiley/Smiley=Jesus Garcia
Drama-Nicholas Leigl
Tank=Michael Grant
"She headed back to the back bedroom with Tank and Leigl followed her. It was seconds later she heard a scufffle outside. She was the first one out the door. She didn't see the other three men. She saw Jesus Garcia bent over like he was stomach sick," said Det. Harpham.
At this point Joe Olivio III smiled at his dad, Joe Olivio, Jr. He did this a few times during the testimony. Nunez just glared at me or started blankly. Leigl sat quietly.
"Tank too over and was going to make him go to the hospital," said Det. Harpham. Leigl was still there. "Jesus left with Tank and Nicholas Leigl." Snow did not see anyone put in the car, said Det. Harpham.
Mr. Christensen then questioned Det. Harpham about his interview with Grant.
"I was contacted by Sgt. Travis Braud. He had arrested Michael Grant for felon in possession and he was in jail," said Det. Harpham.
"Was any consideration given to Michael Grant," asked Mr. Christensen.
"Yes. Michael Grant said he knew the story but would not talk unless he got something," responded Det. Harpham.
Det. Harpham spoke with Ms. Kelly Neel, who was the assistant DA at that time, Sgt. Braud and Sgt. Bill Nova. The deal made with Grant was that "no report would be filed by the time he was to be arraigned Monday, that he would spend the weekend in jail and be cut loose." Det. Harpham said that Grant was never promised that charges would never be filed against him.
"Tank said he was at the apartment. He got there at 5 p.m. He was helping her break down some bunk beds. Jesus Garcia told him someone wants to kill both if us. Tank said he did not know why for sure but he had some assumption. Tank said to Jesus Garcia we will be safe if we don't let anyone in the house. Caroline got a phone call from Nick sometime after 10 p.m. Shortly, after Nick arrived at the back door."
"Tank told Caroline Snow, make sure Nicholas Leigl is alone. He was in the back room. He heard Carolinr and Nick come in. He heard scuffling sounds. He came out of the bedroom and said WTF is going on? He heard Jesus say "over here" by the bathroom. Then he saw three men he recognized in the hallway leaving. he knew the three men as Smiley, Oso and Oso' son."
Grant said he chased after them. He saw them get into a small, black car, different than the black Volvo Leigl was driving. He went back to "Jesus and Jesus either said, 'they got me' or 'he got me'."
Grant asked Garcia who and "Jesus said Oso." Grant said that he saw the stab wound and blood and that Garcia argued about going to the hospital but eventually Garcia left with Leigl, he was sitting in the back seat of the Volvo. This was sometime after 11 p.m.
Next. DDA Christensen asked Det. Harpham about his interview with Marissa Lawson. Det. Harpham located Lawson from phone records and text messages with Snow. She was at Snow's apartment the evening of the incident. She has a friend named "Leonard or Lonely or Lone Rodriguez".
During cross examination, Mr. Daskal asked if Grant saw Garcia being stabbed and Det. Harpham said Grant initially gave him a summary and that later in his conversation with Garnt, he learned that Grant did not witness the stabbing.
Dr. Super told Det. Harpham that "all wounds occurred in a horizontal or vertical position, not fetal or sitting position.
Mr. Acosta said that both accounts by Lawson and Snow were based on what Grant told them. Det. Harpham responded that Lawson knew from other sources, including Rodriguez. Mr. Acosta also asked how in an eight bedroom house, did the scuffle occur seconds later. He hinted that the assailants knew exactly where Garcia was in the house. Mr. Acosta also brought up Grant's prior conviction for embezzlement and stabbing, these records were something Det. Harpham was not unaware of until Mr. Acosta mentioned them.
Previous post (with all previous coverage);
http://johnchiv.blogspot.com/2016/03/preliminary-hearing-for-four-suspects_28.html
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