participated. In short order, according to Lieutenant Pascarella, members of the task force succeeded in âtaking the subject home.â
SHAUGHNESSEY: What do you mean by that?
PASCARELLA: I mean we established where he was living, at 562 St. Nicholas Avenue. That in turn allowed us to check telephone listings and utility records. And although it turned out the subject had no phone, we were able to identify him through Con Edison records.
SHAUGHNESSEY: Did you learn his true name?
PASCARELLA: Yes, we learned that his name was Alonzo Barnett. From that we were able to obtain a photograph of him from NYPD files.
Which normally would have had Jaywalker on his feet objecting and even moving for a mistrial. To anyone with half a brain, implicit in the witnessâs answer was the fact that the defendant had a prior record, something the prosecution is normally prohibited from revealing, unless and until the defendant takes the stand.
But Jaywalker had long ago decided that this was one of those trials in which the defendant had to take the stand. Knowing that, heâd spent a good portion of jury selection laying out Barnettâs record in considerable detail, complete with his many convictions for sale and possession of drugs. So now, as Miki Shaughnessey began asking her witness about those convictions, Jaywalker kept his silence. That said, he did nod once or twice, his way of reminding the jurors that heâd told them so, and that they, for their part, had assured him theyâd still be able to decide the case on the basis of the evidence.
SHAUGHNESSEY: Did you learn anything else from the NYPD records?
PASCARELLA: Yes. We learned that Mr. Barnett had a number of prior convictions for selling drugs in fairly substantial quantities.
SHAUGHNESSEY: How was your surveillance of the defendant conducted?
PASCARELLA: Several ways. By having plainclothes officers follow him on foot, and by using unmarked vehicles. Also watching him through high-powered binoculars from an outpost in a building directly across the street.
SHAUGHNESSEY: And was the surveillance successful?
PASCARELLA: Up to a point, it was. We succeeded in observing Mr. Barnett go to various places and meet with different individuals. But he was extremely wary. It was almost as if he knew he was being watched and had constructed an elaborate cover to hide his illegal activities. Heâd adopted what appeared to be a very simple lifestyle, and he made it a point to conduct whatever business he was engaged in in a way that we were never able to observe an actual drug deal or anything like that.
SHAUGHNESSEY: So what, if anything, did you do?
PASCARELLA: Weâ I made a decision to enlist the services of an undercover officer in order to attempt to make a direct purchase of drugs from Mr. Barnett.
SHAUGHNESSEY: Whom did you select for that role?
PASCARELLA: Because Mr. Barnett had operated off and on in the area for so many years and with so many individuals, I felt it would be best if we brought in someone from another city altogether, someone who could pose as an out-of-town dealer. We selected a DEA agent stationed in Philadelphia, a man withextensive undercover skills and experience. He also happened to be a black man, like Mr. Barnett.
With that, Miki Shaughnessey announced that she had no further questions, walked to the prosecution table and sat down.
Jaywalker didnât have a lot of cross-examination for Lieutenant Pascarella, but there were a few things he wanted to establish. He began with the September, 1984, phone conversation the witness had said heâd had with a civilian.
JAYWALKER: What was the individualâs name?
PASCARELLA: I donât know. He refused to give it to me.
JAYWALKER: But it was a male?
PASCARELLA: It certainly sounded like a male.
JAYWALKER: Did you ever learn how heâd known to ask for you?
PASCARELLA: He hadnât known. The call came in to our main number. A secretary routed it to
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