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4 5 in Re: 6 Grupo Fuego file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt 0001 1 CITY OF PHILADELPHIA 2 POLICE ADVISORY COMMISSION 3 - - - 4 5 IN RE: 6 GRUPO FUEGO 7 8 - - - 9 Thursday, November 1, 2007 Philadelphia, Pennsylvania 10 - - - 11 Hearing in the above-referenced 12 matter, held in Philadelphia City Hall, Room 400, 13 Philadelphia, Pennsylvania 19102, commencing at 6:15 14 p.m., on the above date before Sandra J. Worrell, 15 Registered Professional Reporter and Notary Public. 16 - - - 17 18 19 CLASS ACT REPORTING AGENCY, LLC 20 Registered Professional Reporters 1420 Walnut Street 133H Gaither Drive 21 Suite 1212 Mt. Laurel, NJ 08054 Philadelphia, PA 19103 (856) 235-5108 22 (215) 928-9760 23 24 0002 1 BEFORE: 2 ROBERT NIX, ESQUIRE - Presiding Officer 3 MICHAEL B. HAYES, ESQUIRE 4 JOSEPH T. STAPLETON, ESQUIRE 5 ADAM ROGERS 6 OSCAR ROSARIO 7 - - - 8 file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt (1 of 85)4/3/2008 8:13:04 AM file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0003 1 - - - 2 I N D E X 3 WITNESS PAGE NO. 4 Suzette Pinero 8 5 6 Suzette Martinez 42 7 8 Aisha Martinez 91 9 10 11 - - - 12 E X H I B I T S 13 NO. DESCRIPTION PAGE NO. 14 None Marked 15 - - - 16 17 18 19 20 21 22 23 24 0004 1 MR. NIX: Good evening, ladies file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt (2 of 85)4/3/2008 8:13:04 AM file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt 2 and gentlemen. My name is Robert Nix. 3 I'm a member of the Philadelphia Police 4 Advisory Commission. I'm the presiding 5 officer of the panel hearing established 6 to receive testimony and evidence in the 7 matter of Grupo Fuego, designated as 8 Police Advisory Commission Complaint No. 9 061678-90. 10 Also participating this evening 11 as panel members are Joseph Stapleton 12 Oscar Rosario. Adam Rogers will be 13 joining us. Counsel to the panel this 14 evening is Michael Hayes. 15 Before I call this meeting to 16 order officially, though, I would like us 17 to have a moment of silence out of respect 18 for the Philadelphia police officer who 19 was killed in the line of duty this week 20 and is, in fact, the third police officer 21 shot in the line of duty within the last 22 week. If we could observe a moment of 23 silence for Officer Cassidy and his 24 family. 0005 1 - - - 2 (Whereupon, a moment of silence was observed.) 3 - - - 4 MR. NIX: I will now call this 5 panel hearing to order. This hearing will 6 be conducted in accordance with the Dually 7 Adopted Rules of the Police Advisory 8 Commission. The rules which apply to 9 panel hearings of the Police Advisory 10 Commission state as follows: 11 Any witness called to testify 12 may present an opening statement not to 13 exceed five minutes prior to the giving of 14 testimony. Ordinarily, the initial 15 examination and questioning of witnesses 16 shall be conducted by counsel to the 17 Commission or counsel of his designation. 18 At the conclusion of counsel's 19 questioning panel members may question file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt (3 of 85)4/3/2008 8:13:04 AM file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt 20 witnesses in the order determined by the 21 presiding officer. 22 As to the rights of the 23 witnesses appearing before the panel, any 24 witness may be accompanied and advised by 0006 1 an attorney, but the attorney may not 2 otherwise participate in the hearing. 3 The attorney may confer with the 4 witness, but may not answer for the 5 witness or interfere with the examination 6 and questioning of the witness. 7 Failure to comply with these 8 conditions shall be sufficient ground for 9 the exclusion of the attorney from any 10 further participation in the hearing. A 11 witness may not be excused from attending 12 or testifying because the witness failed 13 to obtain an attorney or his attorney was 14 excluded from participation in the hearing 15 for violation of the conditions set forth 16 above. 17 Now, the hearing panel has 18 determined that as to any witness on 19 notice to appear before the package, they 20 will be sequestered to preserve the 21 integrity of the fact-finding process. 22 To sequester means that the 23 witnesses will be in another room and not 24 be permitted to hear testimony of another 0007 1 witness until their own testimony is 2 completed. 3 Finally, let me just say that 4 this is a very important matter. It is an 5 important matter to the participants. It 6 is an important matter to the citizens of 7 Philadelphia. 8 As such everyone in attendance 9 is ask to refrain from any outbursts or 10 expressions of emotion in order to main 11 the dignity of the process so that this 12 proceeding can be conducted with the same file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt (4 of 85)4/3/2008 8:13:04 AM file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt 13 respect that is accorded a judicial 14 tribunal. 15 In that regard, I request that 16 everyone remain seated during the 17 presentation of testimony and that all 18 cell phones be turned down to vibrate or 19 off. 20 At this time, I'm going to 21 request any witnesses who are not on 22 notice that they are going to be called to 23 testify with the exception of Suzette 24 Pinero to rise and to leave the room. 0008 1 Follow Mr. Wellington or Mr. Melendez to 2 an adjoining room. 3 Mr. Hayes, are you prepared to 4 call the first witness? 5 MR. HAYES: Certainly. 6 MR. NIX: Is it Suzette Pinero? 7 MR. HAYES: Yes. 8 - - - 9 EXAMINATION 10 - - - 11 BY MR. HAYES: 12 Q. Ms. Pinero, my name is Mike Hayes. As 13 Mr. Nix mentioned, I serve as counsel to the 14 Commission. One of my jobs as counsel to the 15 Commission is to ask questions of folks who are 16 involved in the incidents that come before the 17 Commission. 18 What I'm going to do is ask you questions 19 to walk you through what happened on November 11, 20 2005 in the Grupo Fuego incident. Before I do that, 21 I want to give you a couple points of clarification. 22 First, Sandy, to my right, is writing down 23 everything that we're saying. She is a court 24 reporter. She is writing everything down. 0009 1 What that means is that if we don't say our 2 answers or say our questions verbally she has no 3 idea what we mean. I'd ask that when you respond to 4 questions to say your answers rather than nod or 5 give a nod. file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt (5 of 85)4/3/2008 8:13:04 AM file:///A|/Police%20Advisory%20Commission%20Hearing%20-%20In%20Re_%20Grupo%20Fuego.txt 6 I'm also going to try to speak a little bit 7 slower than I normally would so that Sandy can pick 8 everything up. If I speed up my speech, it becomes 9 harder for her to write everything down. 10 The third thing is to make sure you keep 11 your voice up so Sandy can hear. If she can't, she 12 will let you know and me know, if my voice goes too 13 low. 14 If there's any question you don't 15 understand or that I don't phrase it right or it's 16 an awkward question, just tell me. I'll try to 17 rephrase the question to make it clearer. If at any 18 point you want to take a break, just say so. You 19 are welcome to do so. 20 Do you have any questions before we get 21 started? 22 A. No. 23 Q. Witnesses before the Commission are allowed 24 to make an opening statement, if they wish to, of 0010 1 several minutes. 2 Do you want to make an opening statement 3 about this incident before I ask you questions? 4 A. No. 5 Q. Okay. With that, I'll get going here. 6 Ms. Pinero, on November 11th of 2005, on that 7 evening did you receive a telephone call from your 8 daughter? 9 A. Yes. 10 Q. What's your daughter's name? 11 A. Aisha Martinez. 12 Q. Did she call you from her cell phone? 13 A. No, from her friend's cell phone. 14 Q. She called you at home? 15 A. Yes. 16 Q. Do you remember what time that phone call 17 came? 18 A. About from 9:30 to 10:30, in that range. 19 Q. What was your daughter doing that night? 20 A. She was attending an event that the Grupo 21 Fuego had. 22 Q. Where was that event being held? 23 A.
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