SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CRIMINAL PART MONMOUTH COUNTY
INDICTMENT NO. 09-11-2182 – A.D. #______
TRANSCRIPT OF MOTION TO SUPPRESS TESTIMONY OF WITNESSES
STATE OF NEW JERSEY vs. ALLEN HEIGHT, Defendant.
Place: Monmouth County Courthouse
71 Monument Park, Freehold, New Jersey 07728
Date: January 26, 2011
B E F O R E:
T R A N S C R I P T O R D E R E D BY: FREDERICK P. SISTO, ESQ.
A P P E A R A N C E S
Assistant Prosecutor, Monmouth County Attorney for The State
Attorney for Defendant Xiomara Gonzalez
FREDERICK P. SISTO, ESQ.
Attorney for Defendant Allen Height
Transcriber: Traci D. Esposito, AD/T #609 Agency: KLJ Transcription Service
P.O. Box 8627
Saddle Brook, NJ 07663 (201) 703-1670
(201) 703- 5623 (fax)
Audio Recorded by Operator: N.W.
Snowden – Cross
We can move — we can go forward now.
SISTO: All right. Your Honor, may I approach the witness?
THE COURT: Yes.
CROSS EXAMINATION BY MR. SISTO:
Q Good afternoon, Detective.
A Good afternoon.
Q Detective, I’m showing you what’ s been marked DH 1 for identification. Take a moment and examine it and just let me know when you’re comfortable, not with the entire tran — with the entire DH-1, but just generally if you’re comfortable knowing what it is.
A These are transcripts from Mr. Height ‘s phone so far. I’m not going over the content. But it look –
Q I’ll direct you to the content, but you know that these are transcripts, sir, because they’re essentially the same thing that you were going over with [the prosecutor] during direct; correct?
A Correct.
Q Okay. And I’ll ask you to refer to that just as you did during your direct examination —
A Um-hum.
Q – – with [the prosecutor] Okay? I’m going to direct your attention first to call number 434, in particular the comments section . Are you there, sir?
A Yes.
Q Okay. Is it fair to say that on February 6th, 2009, at 3:38 p.m., Allen Height was caught on the wire discussing the purchase of dope bags in Newark?
A Well, the comments make mention of looking into dope bags, yes.
Q Is that a yes, sir?
A Yes.
Q All right. And I draw your attention to call 442, in particular just about the last line of the transcript on Page 1. Let me know when you’re there, sir.
A I’m there. You have to keep in mind, I didn’t have a chance to review the audio to these transcripts like I did these.
Q Okay. You don’t have any reason to doubt the authenticity of what I’ve provided to you, do you, sir?
A No, I do not.
Q Okay. Now, again, we’re on February 6th of 2009, this is call 442, and is it fair to say that during an intercept at 4:06 p.m. on February 6th, Mr. Height actually referenced South Orange Avenue?
A Yes.
Q And then, if I can direct your attention to call 457, in particular the comments section.
A Okay.
Q Are you there, sir?
A Yes.
Q Okay. There, again, on February 6th, the day before the events at issue here today, at 5:54 p.m.,
Allen was caught on the wire again; right?
A Yes.
Q And again, I draw your attention to about ten lines down, he talks about being on South Orange Avenue; correct?
A Yes.
Q And same call, the second page, it’s about 40 lines down. Just take your time, I know this page is long.
THE COURT: May I have the number of the call again, please.
SISTO: This is still, Your Honor, call 457
THE COURT: Thank you.
BY MR. SISTO:
Q Call 457, again, this is February 6th; correct, sir?
A Yes.
Q And during that conversation, Allen says, quote, Old boy, it might be a deal, end quote; right?
A I’m not sure if I’m on the same line as you. Hold on.
Q It’s about ten lines up from the bottom. You’ll see a UMO, whatcha Old Boy ain’t. Then, after that—
A I see it, yes.
Q — there ‘s an AH, and again, just to repeat my question, Allen says, quote, Old Boy, might be a deal, end quote; right?
A Yes.
Q And Old Boy is an alias for George Thompson; correct?
A Yes, we believe so.
Q And George Thompson, as you said, was known to be Allen Height’s supplier in the Newark/East Orange area; correct?
A Yes.
Q And that’s the same area where the motor vehicle stop at issued occurred; correct?
A I’m not sure exactly where – – I wasn’t there for the motor vehicle stop.
Q You – – you spoke to Detective Samis; correct?
A Yes.
Q So, you’re —
A It’s — it’s a little – – it’s a little bit – – it’s a – – I don’t know it in mileage, but it’s not around the block from the store. He had to travel some ways.
Q I thought you said you weren’t aware of the motor vehicle stop; sir?
A Well, exactly where. I know it was somewhere on the Parkway, the precise location, I’m not.
SISTO: If the Court will indulge me just one moment, Your Honor.
THE COURT: Certainly.
SISTO: I’d like to have this marked for identification.
COURT CLERK: DH-1 – – DH-2 for identification. (Exhibit DH-2 marked for identification)
SISTO: And let the record reflect I’m showing opposing Counsel what’s been marked DH-2 for identification, and in fact, I’ve previously provided him here today with a copy of DH-2 for identification.
Your Honor, may I approach the witness?
THE COURT: Yes.
BY MR. SISTO:
Q Detective, I’m showing you what’s been marked DH-2 for identification. Based on the cover, this is a transcript of Grand Jury proceedings; correct?
A That’s what it says, yes.
Q And if you turn to the second page, in particular, it’s the transcript —
A Counting that as Page 1?
Q No, the one with the number two – –
A Okay.
Q – – in the corner of the page. If you look at that, you can tell – – or first, you know, go to the very end page, sir. I think it’s Page 72.
A 76 is the last page.
Q Okay. 76. And this is a certified transcript, based on what you see on Page 76; correct
A Yes.
Q Okay. You have no reason to doubt the authenticity of this, do you, sir?
A No.
Q Okay. Now, turning again to Page 2, with the two in the top right corner, please take a look at that. Have you taken a look at the top line?
A Yes.
Q Okay. And based on what you see, this is Detective Camalleri (phonetic), if I’m saying that correctly, his Grand Jury testimony; correct?
A Yes.
Q It’s transcript of it; right? Now, I’m going to direct your attention to Page 57 of the transcript, Line 1 through 8, and let me know when you’ve read that.
THE COURT: May I have the date of the transcript, please.
SISTO: This would be, I believe September 21st, 2009.
THE COURT: Thank you.
THE WITNESS: I’m sorry, what page did you say?
BY MR. SISTO:
Q Page 57, Lines 1 through 8. And again, sir, I’m not – – don’t mean to put you on the spot. Just take your time and let me know when you’ve read it.
A Yes.
Q Okay. Now, turn to Page 58, and let me know when you’ve read Lines 10 through 15.
A I’m sorry, lines what?
Q Ten through 15, sir.
A Ten to 15. Okay.
Q And lastly, sir, Page 68, Lines 8 through 11.
A 68, 8 through 11?
Q Yes, sir.
A Okay.
Q Okay. Now, again, what you’ve read is Detective Camalleri’s sworn testimony; correct?
A Yes.
Q Sworn testimony meaning it was made under penalty of perjury; correct?
A Yes.
Q And he’ s a detective in your office; correct?
A Yes, he is.
Q Do you have any reason to doubt the truth or veracity of his sworn under oath testimony?
A No, I do not.
Q All right. Based on what you just read, sir, on February 6th, again, the day before the events in question here today, isn’t true that Allen Height was overheard on the wire placing an order for a specific brand of heroin from George Thompson called Facelift?
A Yes.
Q And again, based on what you just read, sir, isn’t it true that on February 6th, based on intercepted
phone calls, it was learned that Allen Height and a female would be driving up to Newark to purchase a large quantity of heroin from George Thompson?
A That’s what it says here, yes.
Q And you have no reason to doubt the veracity of what it says there, do you, sir?
A No.
Q You can return to the call transcripts in D-1. I direct your attention to call 2481, in particular, the comments section . And just let me know when you’re there, sir.
A Okay.
Q Is it fair to say that on February 7, 2009, at 12:07 p.m., Allen was heard stating that he was about to go see Old Man, a.k.a. George Thompson?
A Yes.
Q And then, I’d like to direct your attention to call 517, I believe that that’s in the Prosecutor ‘s packet as well, call 517, the comments section.
A Yes.
Q On February 7th, 2009, at 3:09 p.m., it was again confirmed that Allen and Ms. Gonzalez were on their way to Newark to pick up heroin; correct?
A Yes, this is what they’re – – we believe they were going to Newark to pick up the heroin.
Q And lastly, sir, I just draw your attention to call 525, and I appreciate you doing all this on thefly here. Call 525, the comments section in particular.
A Okay.
Q On February 7th at 4:25 p.m. , it was confirmed that the pickup of heroin was made; correct?
A This – – no, it was not confirmed. This just talks about parking a car here. The comments said “Just made pickup from Orange.”
Q The comments say “Just made pickup from Orange.” Correct, sir?
A Yes. Yes.
Q And the pickup that they’re referring is a pickup of heroin; isn’t it, sir?
A Correct.
SISTO: Your Honor, I have nothing further. Actually, I’d like to move both exhibits into evidence.
THE COURT: Any objection to going out of sequence?
Well, in regards to the entire Grand Jury transcript being moved into evidence, I — only the entire Grand Jury transcript, I mean, the officer ‘s test – – used it to refresh his recollection to testify to the trans — was also from the transcript. And as far as the calls, I’ve already, I think I’ve already moved two of the calls in, so I mean, I’m not concerned with the calls coming, I have