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  1. #1
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    Oct 2008
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    OCSo Eberlyn - dispatched to Hopespring Drive - no prior contact with A family....overall control scene- observe white pontiac firebird(?) I did

    did you have occassion to put handcuffs on Kc? yes
    were you subsequently told by Hosey to remove the handcuffs? yes

    LDB- you were Jr. deputy on scene and Sgt Hosey was superior....she was handcuffed for 2-3 minutes...after that she was free to go back into the house...yes


    why was KC handcuffed? while kc out of area her Mother - her mother approached me and told me that KC had stolen....(objection!
    LDB - He opened the door your honor!
    Sidebar

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  2. #2
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    Sep 2008
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    Orange County
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    Officer Brian Eberlin

    3:00

    DIRECT EXAMINATION OF OFFICER EBERLIN

    He was dispatched to the A's on 7/15/08. He had not had any contact with them prior to that. He was involved in controlling the scene and asking questions. He observed the Sunfire. He did not notice an odor.

    He put handcuffs on ICA and was instructed by Sergeant Hosey to take them off.

    No further questions.

    CROSS EXAMINATION BY LDB

    He was the junior deputy on the scene and Sgt Hosey was there as his supervisor. She was handcuffed for 2 or 3 minutes and then she was free to go about her business.

    She was handcuffed because CA had told him that ICA had stolen her......

    OBJECTION BY CM - hearsay -

    HHJBP - Exception to hearsay rule?

    LDB - Your Honor they opened the door....

    CM - Sidebar?

    SIDEBAR #11 (3:03-3:12)


    Jury sent out at 3:12

  3. #3
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    LDB - why did you handcuff kc...
    Eberlin was approached by CA about stolen credit cards and fraudulent use of credit cards....showed me receipts

    @ that time Sgt. Hosey told me we are not going to focus on the fraud credit cards but rather focus on missing child....

    this happened before YM arrived @ 4am but after 1:00 written statement from kc.

    CM - unable to hear?

    HHBP - repeat it again
    Mr. Mason- not on trial allegations to car or otherwise.
    HHBP - the DT brought up officer removed the handcuffs without explanation for reasons why which opens the door for this testimony
    the court will fashion a jury instruction to deal with this ....just a second




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  4. #4
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    HHBP - the evidence you are about to hear is to solely explain why the deputy did what he did...the defendant is not on trial for those acts ....do not consider those in your in your deliberations....just to explain why deputy did what he did.


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  5. #5
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    Officer Brian Eberlin

    3:12 - Jury not in Courtroom

    PROFFER OF OFFICER EBERLIN BY LDB

    CA came out with receipts and told him that ICA had stolen her credit card and made fraudulent purchases and wanted to press charges.

    He then went into the house and detained ICA and placed her in the car.

    At that point, Sergeant Hosey told him that they were not worried about the fraudulent charges at that time, only the kidnapping. So, he released her.

    This happened after ICA gave her written statement and before YM arrived at 4:00.

    CM - OBJECTION the defendant is not on trial for any of those charges.

    HHJBP - the defense raised the issue of the handcuffs, then elicited info of the officer removing the handcuffs without any explanation to the reasons why which opens the door to this particular testimony. The Court will fashion a Jury instruction to deal with this.

    Proposed instruction - The testimony you are about to hear concerning the reason for the handcuffing of ICA is solely to explain why the deputy did what he did, and is not to be considered for any other purpose. The defendant is not on trial for those acts and you should not consider it for any other purpose except to explain why the deputy handcuffed the Defendant. Any additions or deletions?

    CM - No. LDB - No.

    Jury returned at 3:26

  6. #6
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    Oct 2008
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    HHBP - read statement handcuffed to explain why deputy did what he did..

    LDB - KC handcuffed for a very brief period of time after she wrote the written statement...after CA came out and asked that you help with pressing charges for credit card fraud....you went in and handcuffed kc - then Sgt Hosey told you unhandcuff her and focus on missing child case...yes
    YM showed up after that - he was not present for this exchange between you and CA or you and Kc = correct -....once YM arrived you were not involved in taking any more statements or from her on 7/16/08 @ Universal - correct
    deputy excused




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  7. #7
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    Officer Brian Eberlin

    CROSS EXAM OF OFFICER EBERLIN BY LDB

    ICA was handcuffed for a brief time? After she had provided her statement that he counter-signed? Yes.

    After that, CA came to him and indicated she wanted to press charges for fraudulent use of her credit card. He then went into the house, handcuffed ICA briefly, and at that time his supervisor, Hosey, told him he wanted the handcuffs off. At that time she was free to go back into the house. YM showed up after that. He was not present for the exchange between him and CA and him and ICA. After YM arrived, he was not involved in the statements of ICA at 4:00 or thereafter.

    No further questions by either side.

    Deputy excused (3:30)



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