Trial Transcript Proceedings
pages 848-866
Case No. CR324431
Testimony of Ms. Tamika Harris
Questioned by Defendant Eugene Johnson's Attorney,
Stanley Tolliver

 
MR. TOLLIVER CONTINUES:

Q.  Ms. Harris, as I listened to you testify, if I remember correctly, you said that you heard some shots, but you didn't see a gun?

A.  No, I didn't.

Q.  No, you didn't say that, or no you didn't see a gun?

A.  No, I didn't say that.  I said, I heard some shots, looked around the bridge and some more shots went off.

Q.  Okay.  But I also thought you heard, and correct me if I am incorrect; that you said that you did not see a gun.  That you heard the shots, but you didn't see a gun?

A.  No, I didn't say that.

Q.  Did you see a gun?

A.  Yes, I did.

Q.  What kind of gun was it?

A.  I don't know.

Q.  Did you see where the gun came from?

A.  What do you mean, where it came from.

Q.  Well, did the person have it in his hand?  Did he take it out of his pocket?

A.  I don't know.  I don't know where it came from.

Q.  You saw it in his hand?

A.  Yes.

Q.  Now, I believe you testified also, that you did not see the person get out of the van?

A.  Yes.

Q.  Is that correct?

A.  Yes.

Q.  And I believe you also testified that you did not see the person get back in the van?

A.  Yes.

Q.  Is that correct?

A.  Yes.

Q.  All right.  Now, on the 10th day of February, you gave a statement to the police, did you not?

A.  Yes.

Q.  To a Sergeant Lane, I believe?

A.  Yes.

Q.  A female detective?

A.  Yes.

Q.  All right.  And showing you what has been identified as Defendant's Exhibit--  Let me ask you another question before I show you this.  I understand that you were asked by Mr. Horn, the prosecutor, were you able to identify Eugene Johnson because you saw his face?

A.  Yes.

Q.  Is that right?

A.  Yes.

Q.  Now, showing you what has been identified as Defendant Johnson's Exhibit A, and A-1, Ms. Harris, is that your signature?

A.  Yes.

Q.  And on A-1, Ms. Harris, is that your signature?

A.  Yes.

Q.  All right.  And I want you to read along with me to be sure that I am not reading this incorrectly.  "We had just come near the bridge."  That's you and your girlfriend?

A.  Yes.

Q.  Is that right?

A.  Yes.

Q.  "And we heard three gunshots.  Both of us ran to the bridge.  She turned and ran away."  Is that right?

A.  Yes.

Q.  "I looked around the bridge and saw this guy get out of a black, four-by-four with tinted windows."  Is that what you said?

A.  Yes.

Q.  You saw him get out?

A.  Yes, but when they took the turn --

Q.  Excuse me, excuse me.  That's what you said?

A.  Yeah.

Q.  All Right.  But you testified earlier, you didn't see anybody get out?

A.  Yes.

Q.  All right.  But that's your statement?

A.  Yes.

Q.  That you gave to the police?

A.  Yes.

Q.  All right.  "He pulled the gun from his pants," isn't that what you said?

A.  Yes.

Q.  All right.  But today you testified that you didn't see where the gun came from, except it was in his hand, isn't that what you said?

A.  Yes.

Q.  All right.  "And shot three more times," right?

A.  Yes.

Q.  Okay.  Then did you say here, "the guy that he was shooting at, was in front of the blue house where he was found on the ground," right?

A.  Yes.

Q.  "After the last shots, I heard the guy yell for help," is that right?

A.  Yeah.

Q.  "After the guy finished shooting, he looked around, and he had this black gun in his hand."

A.  Yes.

Q.  "And while he was running he took the gun and tucked it under his jacket."

A.  Yes.

Q.  You didn't testify to that?

A.  He didn't ask me all of that.

Q.  He didn't?

A.  No, he didn't.

Q.  Even though he showed you your statement before you came on the witness stand?

A.  Yes.

Q.  But he didn't ask you all that?

A.  No.

Q.  Okay.  All right.  Then you say here, "they drove towards Shaw and stopped.  The guy that did the shooting, ran to the four-by-four, got inside."  Did you say that?

A.  Yes.

Q.  But earlier when you were questioned by Mr. Horn, you said that you didn't see him get into the van.  Didn't you say that?

A.  Yes.

Q.  All right.  But that's not what you said in your statement, is that correct?

A.  Yes.

Q.  All right.  Now, did you not say at that time that the fellow was wearing a red and blue coat, a Tommy Hilfiger?

A.  Yes.

Q.  Black skully?

A.  Yes.

Q.  Black pants?

A.  Yes.

Q.  His shirt or something was hanging from the front of his jacket, you said, didn't you?

A.  Yes.

Q.  All right.  But you didn't say anything to the prosecutor about describing it as a black skully, did you?

A.  No.

Q.  Okay.  And you said he was a medium complexion?

A.  Yes.

Q.  5' 7" or taller?

A.  Yes.

Q.  100 to 160 pounds?

A.  Yes.

Q.  All right.  Would you stand up Eugene?  You say he was 5' 7"?

A.  Or taller.

Q.  Or taller.  5' 7" or taller.  Would you disagree that he's about 6' 2"?

A.  No.

Q.  Okay.  You can have a seat.  Now, it says here, "can you describe the gun that you saw the male with?"  You say, "it was all black, larger than a .25.  He had the gun to the side.  But earlier you said, you couldn't describe the gun.  But in your statement, you say it looked like a .25?

A.  No.

Q.  Am I reading that wrong?

A.  I didn't say it looked like a .25.  It was larger than a .25.

Q.  Well, I had asked you further, earlier could you describe the gun.  You said you couldn't.  Now, you said it was larger than a .25?

A.  Yes, sir.

Q.  That's what you said in your statement?

A.  Um-hum.

Q.  Okay.  Now, then you were asked, could you identify the male that you saw firing the gun.  And your answer was, no, I didn't see his face that clear.  Am I misreading that?

A.  No.

Q.  That's what you said?

A.  Yes.

Q.  And this was your statement?

A.  Yes.

Q.  And at that time, you told the police when they asked you, "could you identify the male firing the gun?"  You said, "no, I didn't see his face that clear."  That's what you said?

A.  Yes.

Q.  Okay.  Now, let me ask you some further questions.  You went to the police station the next day, did you not?

A.  No.

Q.  Well, did you make a statement the next day?

A.  Yes.

Q.  Where was that statement made?

A.  At the police station.

Q.  That's what I asked?

A.  But I went to the police station the same day.

Q.  Well, this statement that I just showed you, was made on the 10th day of February?

A.  Yes.

Q.  Ms. Harris, showing you what has been identified as Defendant Johnson's B and B-1, do those contain you signature?

A.  Yes.

Q.  What date is on there?

A.  The 11th day of February.

Q.  So, that was the next day after you gave the statement A-1 and A?

A.  Yes.

Q.  So again, I asked you, you went back to the police station, a second time, didn't you?

A.  Yes.

Q.  And you gave a second statement?

A.  Yes.

Q.  Didn't you?

A.  Yes.

Q.  Now, did you say in this statement; and in fact it was witnessed by Detective Perry, was it not?

A.  Yes.

Q.  "The Blazer was going so fast around the corner, that it almost hit another car," right?

A.  Yes.

Q.  "Blazer went down Manhattan to Shaw and stopped at the corner.  The guy that did the shooting then ran around the corner past me to the Blazer and got into the Blazer."  Isn't that what you said?

A.  Yes.

Q.  But earlier, when the questions were propounded to you by the prosecutor, you said you didn't see where he went; he disappeared.  And you don't know whether he got in the Blazer or not.  Isn't that what you said?

A.  Yes.

Q.  Okay.  But that's not what you said in your statement.  All right.  Now, it says, "can you describe the male that you saw at the Blazer, and shot the male on the sidewalk?"  Am I misreading that?

A.  No.

Q.  Is that what you said?

A.  Yes.

Q.  He was a black male about 5' 11".  It doesn't say, five foot or taller, but just 5' 11".  Is that what you said?

A.  Yes.

Q.  The day before, you said he was 5' 7" or taller, is that right?

A.  Yes.

Q.  Now, by that time you had seen the pictures, hadn't you?

A.  Yes.

Q.  The pictures had been shown to you, hadn't it?

A.  Yes.

Q.  But when you said 5' 7" or taller the day before, you hadn't been shown any pictures, had you?

A.  No.

Q.  Okay.  So, there is some differences between what you testified to, and what you stated in your statement?

A.  Yes.

Q.  And there is some differences between what you said on the 10th, as opposed to what you said on the 11th, isn't it?

A.  Yes.

Q.  Okay.  Now, you also testified that there were only two people in the van?

A.  Yes.

Q.  Is there more than one seat in the van?

A.  Yes.

Q.  If someone was sitting in the back seat, are you telling the judge and jury you could see them?

A.  I don't understand what you're saying.

Q.  Well, I believe you said that you saw two heads.  I believe, that's what you said in the front seat?

A.  Yes.

Q.  Can you tell the judge and jury whether or not there was somebody in the rear seat?

A.  No.

Q.  So, you can't say that there were only two people in the van, could you?

A.  No.

Q.  If there was a third person in the rear seat, you couldn't see them, isn't that so?

A.  Yes.

Q.  All right.  Now, in you statements you said you saw the man get out of the van, and get back into the van.  Did you not?

A.  Yes.

Q.  But in your testimony, you said you didn't see him get out of the van or get back in, is that right?

A.  Yes.

Q.  All right.  Then you also said in your first statement, on the 10th, "could you identify the male that you saw firing the gun?"  And your answer was, "no, I didn't see his face that clear."  Didn't you?

A.  Yes.

Q.  All right.  But the next day -- wait a minute.  Were you shown any pictures?

A.  Which day?

Q.  The first day?

A.  No.

Q.  The next day, you were shown three pictures, is that right?

A.  I think I was shown more than three.

Q.  And the next day, even though you said you could not; you couldn't identify the person because you didn't see his face, the next day, but you identified the defendant, Johnson as the one that did the shooting?

A.  Yes.

Q.  Okay.  Now, what was the cause of this second statement?  Did you go to the police or did they come to you, and bring you to the station?

A.  They called me.  They asked me to come down to the station.  My uncle took me down there.

Q.  Your uncle took you?

A.  Yes.

Q.  All right.  Now, they only showed you one van, didn't they?

A.  Yes.

Q.  They didn't show you several vans, so you could make a comparison?  They showed you one van?

A.  Yes.

Q.  You had no license number, did you?

A.  No.

Q.  And you first described the jacket as what; what was that?

A.  A Tommy Hilfiger jacket.

Q.  A Tommy Hilfiger jacket.  Okay.  The jacket that was shown to you was not that, was it?

A.  No.

Q.  It was different?

A.  Yes.

Q.  And each time you signed these statements, you were asked, is the above statements, and the statement on page one, is it correct to the best of your knowledge.  And you answered, yes, didn't you?

A.  Yes.

Q.  And signed your name?

A.  Yes.

Q.  The first statement that you signed on the 10th of February, the statement says, is this true and accurate.  And the answer was, yes.  And you initialed them, didn't you?

A.  Yes.

Q.  And that was the statement on the 10th of February, were you were asked, could you identify the male you saw firing the gun.  And your answer was, "no, I didn't see his face that clear."

A.  Yes.

Q.  Isn't that right?

A.  Yes.

Questioned by Laurese Glover's Attorney,
Francis Gorczyca
Page 875-879

Q.  All right.  Now, getting back to the description of the shooter.  Getting back to Juvenile Court again.  Page 83.  This is a question.  Question:  "What kind of description did you give the police officer?"  Answer:  "Tall, narrow 5' 11" possibly, brown skinned.  Had on maroon, Nautica and black hoodie."  You said maroon Nautica hoodie, a black hoodie?

A.  Right.

Q.  You previous told the police back in February it was a blue coat?

A.  Yeah.

Q.  Okay.  It changed colors?

A.  No, they corrected me.

Q.  They corrected you.  Who corrected you?

A.  Well, they showed me the coat.  I corrected myself.

Q.  I got it.  I understand that.  Now, you also say in your description, line five, "Tall narrow, 5' 11"."  What else did you say there?

A.  Possibly brown skinned.

Q.  Possibly brown skinned, right?

A.  Yes.

Q.  Possibly?

A.  Yes.

Q.  That means, you didn't see the face?

A.  It means, he could have been darker than brown skinned.

Q.  All right.  He could have been dark or brown skinned.  Do you know what his face looked like?

A.  Right.

Q.  Okay.  Page 84, again, line four.  Question:  "Did you see the gun?"  Answer:  "No."  Okay.  I thought, I heard you describing it.  You weren't mistaken about that were you?

A.  No.

Q.  Okay.  It says, "You didn't see anyone get in or out of the Blazer?"  Answer:  "No."  Question:  "You didn't see anyone shooting out of that Blazer did you?"  Answer:  "No."  Question:  "And that Blazer didn't stay there while the shooting was going on, did it?"  Answer:  "It stayed for a little while during the first couple shots."  Question:  "All right.  And then what did it do?"  Answer:  "It sped off going towards Manhattan and then made a right on Manhattan."  Question:  "You viewed that as you're walking up Strathmore?"  Answer:   "I was not walking up Strathmore."  Okay.  So, that was the testimony you gave in Juvenile Court.  Was it correct, then?

A.  Yes.

Q.  The court reporter probably took it down wrong, right?

A.  No.
 
 
 


 
 

Transcript & Testimony