direct                         1026


1         THE COURT: Any redirect?

2         MR. STYLER: No, your Honor.

3         THE COURT: Thank you. You're excused

4         (witness excused.)

5         THE COURT: Please call your next witness.

6         MR. STYLER: Your Honor, the government

7    would move to offer in evidence Government Exhibit

8    900.

9         THE COURT: Any objection?

10        MR. THEIS: No, your Honor.

11        THE COURT: Government Exhibit 900 is

12   received in evidence.

13        (Government Exhibit No. 900 was received in

14   evidence.)

15        MR. SAFER: The government calls

16    Cas . . . . . . . .

17   (Witness duly sworn.)

18        THE COURT: Please be seated.

19        Would you state your full name and spell your

20   last name.

21        THE WITNESS:   Cas . . . . . . C-a-s . . . . . .  

22             CAS . . . . . .     GOVERNMENT'S WITNESS, SWORN

23                      DIRECT EXAMINATION

24   BY MR. SAFER:

25   Q    Mr. Cas . . . . .  how are you employed?

                               direct                         1027

l    A    I'm employed by the City of Chicago as a police

2    officer.

3    Q    What is your rank?

4    A    Gang specialist

5    Q    How long have you been a police officer?

6    A    26 years.

7    Q    How long have you been a gang specialist?

8    A    12 years.

9    Q    On April 29th, 1993, were you working?

10   A    Yes, sir, I was.

11   Q    What was your assignment on that day?

12   A    I was assigned to the gang unit on that day.

13   And I was sent to Area 2 Violent Crimes to interview

14   an individual that was arrested for selling

15   narcotics.

16   Q    And who did you interview on that day?

17   A    I interviewed Sun.

18   Q    Do you see him in the courtroom today?

19   A    Yes, sir, I do.

20   Q    Would you point him out please and mention an

21   article of his clothing?

22   A    He is the gentleman sitting at the table to my

23   left with the white shirt and the black sleeveless

24   sweater.

25        MR. SAFER: Your Honor, may the record

                               direct                         1028

1    reflect an identification of the defendant.

2         THE COURT: Yes.

3         MR. SAFER: Thank you.

4    BY MR. SAFER:

5    Q    Who else was present during this interview?

6    A    My supervisor, Sergeant Darl

7    Q    What was the first thing that you did?

8    A    The first thing I did was I introduced myself to

9    Mr. Sun. I explained to him that I wasn't here to

10   talk to him about what he was arrested for, I advised

11   him of his constitutional rights and ~ asked him some

12   questions concerning the gang activity in that area.

13   Q    Did he make any response regarding his

14   constitutional rights?

15   A    He said he understood his rights and he answered

16   the questions that I asked him.

17   Q    And what did you ask of Mr. Sun?

18   A    I asked Mr. Sun if he was affiliated with a

19   gang. He told me that he was an active member of the

20   . . . . . Disciples street gang. I asked him if he

21   knew an individual whose street name was Trouble. He

22   responded that he knew who Trouble was. And he

23   explained that Trouble was a major narcotics supplier

24   in the south side in the hundreds.

25   Q    Now, you said that you did not ask -- you said

                               direct                         1029

1    that you did not ask the defendant about the charges

2    that he was facing at that time. And did you do that,

3    you did not ask he him about it at all?

4    A    No, sir, I did not.

5    Q    Then did he tell you anything else regarding

6    Trouble?

7    A    He just went on to say that Trouble -- that to

8    the best of his knowledge, that Trouble had two

9    businesses. That he felt he was involved in a towing

10   business and a pager business.

11   Q    Did you have any other discussion with the

12   defendant at that time?

13   A    No, sir, I didn't.

14   Q    Approximately how long did this conversation

15   last?

16   A    Five to ten minutes, sir.

17   Q    Now, on June -- by the way, on that day, that

18   was before your team had joined any federal

19   investigation of the . . . . . Disciples, is that

20   correct?

21   A    Yes, sir, that's correct.

22   Q    Now, when, in-fact, did your team join the

23   federal investigation of the . . . . . . Disciples?

24   A    I believe we joined when we went up on a wire on

25   a Cedri. . . . . . .

                               direct                         1030

1    Q    Now, on June 4th, 1955, were you working?

2    A    Yes, sir, I was.

3    Q    And was that during the time when there was a

4    wiretap on telephones belonging to Darryl

5    John.

6    A    Yes, sir, that's correct.

7    Q    What was your assignment on June 4, 1995?

8    A    On that particular evening, I was assigned to a

9    surveillance and enforcement vehicle.

10   Q    And what did you do -- what is a surveillance

11   and enforcement car?

12   A    To be the enforcement vehicle, we were in an

13   unmarked Chicago police squad car and we were to take

14   any necessary enforcement action that would

15   be necessarily deemed from something that may have

16   been overheard on the wire.

17   Q    When you say "the wire,- you mean from the phone

18   conversations?

19   A    Yes, sir, that's correct.

20   Q    So were you in contact with anybody in that

21   evening?

22   A    Yes, sir.

23   Q    Who were you in contact with when you were doing

24   surveillance during a wiretap?

25   A    We are in contact with the wire room and with

                               direct                         1031



l    our supervisor.

2    Q    Now, on the evening of June 4, 1995, did you

3    receive any contact from the wire room?

4    A    Yes, sir, we did.

5    Q    And what contact was that?

6    A    We received information that Clarence

7    . . . . . . .may be moving some narcotics in the area of

8    108th and Michigan and the type of vehicle he would be

9    driving.

10   Q    And what did you do at that time?

11   A    Shortly after we were given that information,

12   team members had stopped that vehicle at 1O9th

13   and Michigan and I went to that area and assisted them

14   with their street stop.

15   Q    What happened after you got to that intersection

16   of l09th and Michigan?

17   A    When I arrived there on the scene, I observed

19   that Mr. Fee. . . . had Mr. Ha. . . stopped in a parking

19   lot at 10904 South Michigan, and he had Mr. Ha. . . .

20   out of his vehicle and they were having a discussion

21   when I got there.

22   Q    And what happened after you got there?

23   A    After I got there, I overheard Mr. Fee. . .  ask

24   permission to check the vehicle, at which time he was

25   given permission. And he went into the vehicle and

                               direct                         1032



1    recovered a loaded .38 caliber weapon,

2    Q    Showing you what is marked Government Exhibits

3    156 and 157. Can you identify those exhibits?

4    A    Yes, this is the Colt revolver that was taken

5    out of Mr. Ha. . . .'s car.

6    Q    And is the revolver 156, and the six bullets

7    157?    

8    A    Yes, sir, they are.

9    Q    And is that in the same condition as you saw it

10   in Mr. Ha. . . ‘s car on June 4, 1995?

11   A    With the exception that the bullets were in the

12   gun at that time.

13        MR. SAFER: Your Honor, I move Government

14   Exhibits 156 and 157 into evidence.

15        MR. GEVIRTZ: No objection.

16        THE COURT: Government Exhibits 157 and 156

17   are admitted.

l8        (Government Exhibits nos. 156 and 157 were

19        received in evidence.)

20        MR. SAFER: Thank you.

21   BY MR. SAFER:

22   Q    What happened to Mr. Ha. . . . that evening?

23   A    Mr. Ha . . . was taken into custody, taken to the

24   5th Police District and arrested.

25