Trial Transcripts and Testimony
Case No. CR324431

"Could you identify the male firing the gun?"
"No, I didn't see his face that clear."

January 10, 1996

Gunshot Residue Results

The hands of the defendants were tested for possible residue from a gunshot, by looking for traces of antimony and barium.  These tests were conducted at the Coroner's lab by Shraron Rosenberg.  Her results showed that traces of these elements were found on the hands of Derrick Wheatt, the sleeve of Mr. Wheatt's jacket, and the palm of the left glove which they pinned on Mr. Johnson, (even though Mr. Wheatt was told that the results were negative while he was held in Juvenile detention).  However, she also reluctantly admitted that antimony and barium are also found in many other things besides the primer of a bullet. (tr565, 566)  She admitted that paints, enamels, glass, ceramics, explosives and matches also contain these metals. (tr596).  On pages tr629, 630, she admitted that her findings could also be consistant with other activities, and that she did not really find "gunshot residue".  It was again confirmed (tr641) that her findings were "not absolutely...gunshot residue", and she stated, "I do not have any way of proving it beyond a shadow of a doubt."

This so-called evidence does not prove that these men fired a gun on February 10, 1995.
The prosecution failed to prove that this is evidence of this crime beyond a reasonable doubt.

January 11, 1996

Testimony of Officer Jamie Tavano  First officer on the scene

Officer Tavano testifies that he received information about a black Blazer or Bronco that had plastic on the window (tr659) but does not say where this information came from, and has no recollection of license plate information.  He also had information that the suspect fled on foot (tr666).  Tavano claims that he didn't refer eye witness Reginald Longino to the detectives because "His information really wasn't pertinent", and that "he saw nothing,"  (tr682, 683)  even though he said the shooter had a blue jacket and fled on foot. (tr693)  The police did not persue Longino to see if he could identify the shooter, even though they could have.  (tr701, 702)

It appears that the police did not do all they could to
gather evidence to find the truth about the shooter.

Testimony of Jerry Mroczkowksi BCI Agent

Mr. Mroczkowksi was sent to take samples of the vehicle surfaces (now it's a GMC Jimmy!) for the presence of lead.  There was no plastic over the window. (tr727, 728)

Testimony of Richard Turbok  BCI Firearms Examiner

Mr. Turbok will not conclude that the presence of lead is from a gun being fired. (tr745)

Testimony of Vincent Johnstone  East Cleveland Police Detective

Mr. Johnstone testifies that the three defendants stated that they were witnesses and none of them participated in the crime.  (tr789)

January 12, 1996

Testimony of Tamika Harris  the state's "star witness"

At the time of the shooting she was 14 years old.  She made one statement on Feb. 10th, another after being shown photos and evidence on Feb. 11th,  testified at the Juvenile Court, and again here at this trial.  Her story changes each time, and it is obvious that she doesn't know what happened that day.  Since this includes over 50 pages of testimony, it would take too much time to view the scanned images on the net.  Some of the relevant parts of the transcript are provided here in text.  This trial was nothing but a bad joke.

The statements of Ms. Harris is the reason these men were
charged in the first place.  With all of these conflicing statements,
all of her testimony should have been impeached.

Testimony of Detective Perry  East Cleveland PD

No gun was found, and no effort was made to search for one. (tr970, 992)   Although these three were obviously witnesses to the crime, Perry clearly states (tr972) that he never gave them a chance to be witnesses rather then defendants.  There were no ballistics test, and no real investigation was conducted.  Perry agreed that not all of the facts were discovered, (tr995)  and the Atomic Absorbtion kit was destroyed. (tr999)

Glover's truck was found in his driveway, one block away from the police department, (tr1006, 1007) not a very likely hiding place for someone who just committed murder.

Two other Witnesses

Testimony of Leroy Malone  Defense witness

Malone saw the shooter running from the scene, (tr1077, 1080) while the three boys were still in the truck. (tr1085)  He also said that he has known these three boys since they were in elementary school, and the man he saw running was not any of them. (tr1081, 1087)  The detectives already knew this, but never took a statement from him or showed him any photos.

Testimony of Eric Reed  Defense witness

Likewise, Reed was never asked to make a statement, even though the shooting happened right in front of his house, (tr1134) and he described the shooter as having a very light complexion.  He also said that the shooter he saw was not any of these three boys.  (tr1135, 1151)

The East Cleveland Police Department made no effort
to find the real shooter, and ignored eye witness testimony
which exhonerated these men.

The weight of evidence presented at this trial
clearly indicates that there is no way these men could
have been involved in this murder, and the detectives
had no intention of finding the truth.