No. 20-637 IN THE DARRELL HEMPHILL, Petitioner, v. NEW YORK, Respondent. On Writ of Certiorari to the Court of Appeals of New York JOINT APPENDIX Noah J. Chamoy Jeffrey L. Fisher Assistant District Attorney STANFORD LAW SCHOOL OFFICE OF THE BRONX SUPREME COURT COUNTY DISTRICT ATTORNEY LITIGATION CLINIC 198 East 161st Street 559 Nathan Abbott Way Bronx, New York 10451 Stanford, CA 94305 Telephone: (718) 838-7142 (650) 724-7081 [email protected] [email protected] Counsel of Record for Counsel of Record for Respondent Petitioner Petition for Writ of Certiorari Filed: November 6, 2020 Certiorari Granted: April 19, 2021 i TABLE OF CONTENTS RELEVANT DOCKET ENTRIES Supreme Court of New York, County of Bronx, Ind. No. 1221/2013 .............................. 1 Supreme Court of New York, Appellate Division, First Department, Ind. No. 1221/2013 ........................................................ 2 State of New York Court of Appeals, APL- 2019-00202 ..................................................... 3 MATERIALS IN THE SUPREME COURT OF THE STATE OF NEW YORK: CRIMINAL TERM, PART T-11, IN PEOPLE OF THE STATE OF NEW YORK V. NICHOLAS MORRIS, IND. NO. 1674-2006 Transcript of State’s Opening Statement on April 10, 2008 ................................................. 4 Transcript of Allocution Proceedings held on May 29, 2008 ................................................. 18 MATERIALS IN THE SUPREME COURT OF THE STATE OF NEW YORK: CRIMINAL TERM, PART 60 IN PEOPLE OF THE STATE OF NEW YORK V. DARRYL HEMPHILL, IND. NO. 1221/2013 Transcript of Jury Trial Proceedings held on September 21, 2015 ................................. 41 Transcript of Jury Trial Proceedings held on October 2, 2015 ........................................ 52 Transcript of Jury Trial Proceedings held on October 7, 2015 ........................................ 58 Transcript of Jury Trial Proceedings held on October 16, 2015 ...................................... 62 Transcript of Jury Trial Proceedings held on October 26, 2015 ...................................... 64 ii Transcript of Jury Trial Proceedings held on November 5, 2015 .................................. 100 Transcript of Jury Trial Proceedings held on November 12, 2015 ................................ 110 Transcript of Jury Trial Proceedings held on November 13, 2015 ................................ 125 Transcript of Jury Trial Proceedings held on November 16, 2015 ................................ 137 Transcript of Jury Trial Proceedings held on November 18, 2015 ................................ 163 Transcript of Jury Trial Proceedings held on November 19, 2015 ................................ 182 Transcript of Jury Trial Proceedings held on November 20, 2015 ................................ 189 Transcript of Jury Trial Proceedings held on December 2, 2015 ................................... 210 Transcript of Jury Trial Proceedings held on December 3, 2015 ................................... 299 Court’s Exhibit III admitted on November 20, 2015 ....................................................... 363 Court’s Exhibits VII – XIII (Jury Notes 1 through 7) admitted between December 3 – 7, 2015 .................................. 364 MATERIALS IN THE COURT OF APPEALS, STATE OF NEW YORK IN PEOPLE V. DARRYL HEMPHILL, APL-2019- 00202 Appellant Darryl Hemphill’s Rule 500.11 Letter Brief submitted December 12, 2019 ............................................................. 371 Appellant Darryl Hemphill’s Rule 500.11 Reply Brief submitted March 6, 2020 ........ 400 1 IN THE SUPREME COURT OF NEW YORK COUNTY OF BRONX: CRIMINAL TERM People of the State of New York v. Darrell Hemphill Indictment No. 1221/2013 RELEVANT DOCKET ENTRIES Date Filed Docket Description 04/23/2013 Information / Indictment filed 09/21/2015 Trial commences 12/07/2015 Jury verdict 01/06/2016 Judgment 01/08/2016 Notice of appeal to Appellate Division 2 IN THE SUPREME COURT OF NEW YORK APPELLATE DIVISION, FIRST DEPARTMENT People of the State of New York v. Darrell Hemphill Indictment No. 1221/2013 RELEVANT DOCKET ENTRIES Date Filed Docket Text 01/08/2016 Notice of appeal filed 03/16/2019 Oral argument 06/11/2019 Judgment filed 06/17/2019 Application for review in the Court of Appeals 3 IN THE STATE OF NEW YORK COURT OF APPEALS People of the State of New York v. Darrell Hemphill APL-2019-00202 RELEVANT DOCKET ENTRIES Date Filed Docket Text 06/17/2019 Application for review filed 06/25/2020 Opinion issued 4 [148] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: CRIMINAL TERM: PART T-11 THE PEOPLE OF THE STATE OF NEW YORK, x : - against - : NICHOLAS MORRIS, : Defendant(s). : x April 10, 2008 BEFORE: HONORABLE MICHAEL GROSS, Justice (Same appearances as previously noted.) * * * * [207:20] THE COURT: So noted. Were the parties ready for the jury to be returned for the People's opening statement? COURT OFFICER: All rise, jury entering. (Whereupon, the sworn jurors enter the courtroom and take their respective seats.) THE COURT: All parties may be seated. The record [208] will reflect all jurors are present and properly seated. Good afternoon ladies and gentlemen of the jury. It’s nice to see you after this two day break. At this time, as I indicated to you earlier in the week, we will be hearing the prosecutor’s opening statement. 5 Mr. Karen, you may deliver your opening. MR. KAREN: Thank you, Judge. Good afternoon. As the judge told you, it is the People’s obligation to tell you in openings what we intend to prove and this is it. On Easter Sunday, April 16, 2006, a bright, sunny Easter Sunday at about 1:45 in the afternoon on Tremont Avenue, a busy street with lots of people on the street and lots of cars going by, Joanne Cinabria, the mother of two-year-old David Pacheco Jr. was driving a Honda Odyssey van with her two-year-old baby strapped in the back seat and other family members. She was going to pick up her husband, David Pacheco Senior and they were going to church and to dinner. She was driving on East Tremont Avenue near Harrison Avenue in the Bronx when that man, Nicholas Morris, opened fire on a totally different group of people. A group of five young Hispanic men and women. A bullet that Morris intended for that group of people, and there were several shots fired, went through the side sliding door of Ms. Cinabria’s Honda and it virtually, instantly killed two-year-old David Pacheco, Jr. [209] You’ll hear about the attempts to save him and to resuscitate him. But for all intents and purpose, he was dead when he was shot, as the medical examiner, Dr. Gill, will tell you when he testifies early next week. Now, there were a group of five eyewitnesses who were being shot at and all of them will testify here, the intended target of the Defendant Morris, were Marisol Santiago, twenty years old, her boyfriend Juan Carlos 6 Garcia, 24 years old, her mother Brenda Gonzalez, 41 years old, Brenda’s boyfriend Jose Castro, 27 years old, and their cousin John Eric Vargas, 24 years old. You’re going to learn that four of these eyewitnesses separately and independently viewed a lineup on April 18, 2006, the day of the arrest. Three of the eyewitnesses, Brenda Gonzalez, Marisol Santiago, John Eric Vargas, independently and separately identified that man, Nicholas Morris. The fourth witness, Juan Carlos Garcia did not identify anybody, did not identify anybody. And you will learn that several nine millimeter shell casings were recovered by the crime scene unit, and various pieces of ballistics, damaged bullets, bullets recovered from various areas and the bullet that actually killed the baby. And you’re going to learn that there was a ballistics comparison made. And although no gun was recovered, the ballistics expert, Detective Fontanez can tell you all of [210] the ballistics could be matched, the casings and the bullets, with sufficient characteristics all came from the same gun, one gun. Interestingly, what was used here was a nine millimeter gun. And you will learn that there was a search done of the defendant’s bedroom and we recovered in that search, live nine millimeter ammunition in his bedroom. But aside from a live nine millimeter round, and some [.]357 ammunition, that’s a different type of gun. You will learn that under his mattress we recovered an assault rifle and an eight millimeter prop or movie gun. So, you’re going to have a lot of eyewitness testimony and the ballistics evidence. And if you would like to hear the defendant’s side of the story, because 7 we’re going to be introducing different statements that the defendant made. Now, some people might say if the statements are made — MR. BARKET: Objection, Judge. I have an objection and an application. THE COURT: Both Counsel may approach. (Whereupon, an off the record discussion was held.) THE COURT: The objection is overruled at this time[.] [211] MR. BARKET: I’m sorry, Judge. I didn’t state the basis of the objection on the record. THE COURT: There will be a full record, I’m just not going to shuttle the jury in and out, but there be will be a full record as to the basis of the objection. MR. KAREN: We’re going to introduce three different statements made by Nicholas Morris. Only one of them was made to the police, and I’m going to be going through all of them in the opening. One was made to Channel 12 News. It was broadcast, I’m going to show it to you. No police there. One was made to another inmate. You’re going to hear from that inmate. One was a written statement made to the police. Now, you’re going to hear from Anthony Gonzalez and he’s going to tell you that he had a conversation with Nicholas Morris around July 4th of 2006 and that man, Nicholas Morris, told Anthony Gonzalez, who knows nobody in this case, no family members, no eyewitnesses, no defendants, no anybody and who will 8 tell you he had read nothing about the case. Morris admitted that he did the shooting. It was a revenge shooting, and Gonzalez will tell you this is what I was told by the defendant.