REDIRECT EXAMINATION
By Mr. D.A.:
Q: Outside of your review of the statistics from your system, Sergeant Brooks, do you have personal experience investigating D.U.I.s on PCH?
A: Yes.
Q: Roughly how many arrests have you made over the last 11 years, or how many D.U.I. investigations have you done over the last 11 years on PCH?
A: Probably an excess of 20.
Q: Was there a reason why you began only screening northbound vehicles and then switched at 11:00 P.M. to both northbound and southbound vehicles?
A: Yes, the staffing limitations. I don’t have enough staff to do both sides at one time during peak periods. After 11:00 p.m., the traffic drops off, and I can allocate staff to the southbound that were screening on the northbound.
Q: And the documents that were identified as defense “A,” defense “B” had you previously provide them to the district attorney’s office before today?
A: Deputy Curry would be the one to provide that; I don’t know.
Q: Fair enough. And referring to page 4 of 20 on the concepts of operation, did you ever put into effect the alternate screening procedures that are outlined there the night of June 28th, 2013?
A: The…I determined that those procedures wouldn’t work for the traffic at the time, that’s why I immediately went to a larger gap screening where I stopped screening cars for a period of time until traffic was reduced.
Q: Okay. That’s actually pursuant to the concepts of operation in the last paragraph on page 2 of 5?
A: Yes.
Mr. D.A.: Your Honor, I’d like to mark for identification as People’s 1, the sobriety check point packet, it’s 18 pages.
The Court: Do you have a copy of that?
Mr. Rosenfeld: I do have a copy.
The Court: Marked People’s 1 for identification, the 18-page sobriety check point packet. Is that what you’re calling it?
(Marked for identification, People’s exhibits 1.)
Mr. D.A.: That’s correct, your Honor. No further questions.
The Court: Any re-cross?
Mr. Rosenfeld: No, your Honor.
The Court: Sir, you may step down. I’ m going to ask you to remain out in the hall.
The Witness: Should I leave those two documents.
The Court: Give those to me.
Mr. D.A.: People call Detective Curry.
The Court: While you’re doing that, I’m going to call the Armenian case. It’s going to take me two minutes.
(BRIEF RECESS.)
The Court: Back on the Client case.
Mr. D.A.: People call Detective Richard Curry.
The Court: Detective, face in my direction. Raise your right hand.
The Clerk: Do you solemnly state that the testimony you may give in the matter now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?
The Witness: I do. Richard Curry called as a witness by the People, was sworn and testified as follows:
The Clerk: Thank you. Please spell your name for the record.
The Witness: Richard Curry, R-I-C-H-A-R-D, C-U-R-R-Y.
Direct examination
By Mr. D.A.:
Q: Good morning, Detective Curry.
A: Good morning.
Q: What is your current occupation and assignment?
A: Employed as a deputy sheriff for the Los Angeles County Sheriff’s Department currently stationed at Malibu Lost Hills Station as a traffic detective.
Q: How long have you been a sheriff?
A: Twenty-three years.
Q: And how long have you been at Lost Hills?
A: Since 1995 – 13.
Q: Thirteen years. Thank you for helping me with the math. So for 13 years, how long have you been working on traffic?
A: Probably 10.
Q: What’s your background, training and experience with regard to investigating impaired driving?
A: We received training in the academy and D.U.I. classes in schools. I attended L.A. County Sheriff’s D.A.R.T. training, which is the drug alcohol recognition training. I attended CHP A.R.I.D.E.; I’ve also been to D.U.I. check point management class and P.A.S. training.
Q: Do you routinely patrol PCH?
A: Not anymore because I work in the office, but I did, yes.
Q: Okay. When you did, did you investigate impaired driving on PCH?
A: Yes.
Q: Roughly how many impaired driving investigations did you make on PCH?
A: Close to 500 or so, probably.
Q: And what was your involvement?
The Court: Excuse me, Mr. D.A., from what time period to what time period were those 500?
The Witness: From 1995 to present.
The Court: Okay.
By Mr. O’Hanlon:
Q: And what was your involvement with regard to the sobriety check point on June 28, 2013, conducted by the Lost Hills Sheriff’s Station?
A: Classified team leader, pretty much the coordinator, pretty much set up the operation to make sure it flows as it supposed to.
Q: What did you do versus what Sergeant Brooks did?
A: He’s there as the supervisor. I pretty much we set up the cone pattern, put up the signs. I have the placement of the vehicles in the roadways, and things like that.
Q: Can you describe for the record what the setup was for that check point on June 28th?
A: Yes, we had closed the double lane screening that day; it’s PCH two lanes from each direction, so for the U.S. bound traffic, if you consider northbound, we consider westbound there, but anyways, there are cones put from the lanes there. Prior to that, we throw…there are warning signs setup. There are three warning signs placed. There are large 48-inch department of transportation approved signs that say D.U.I., drivers, excuse me, D.U.I. driver’s license check point ahead.
Q: So there are three of those?
A: Three of those.
Q: Where sergeants go ahead?
A: The first one placed at Las Flores Canyon and PCH. The second one is placed at the next cross street which is Rambla Pacifica at PCH, and the third one is placed on the Rambla Vista and PCH.
Q: Is there any signage?
A: As you continued toward the check point, now you’re having two more signs, one on the right shoulder, one in the center median that says prepared to slow down. Continuing on down, they have another sign that says be prepared to stop. Later on in evening, there is a sign that will say right lane closed ahead, but at the beginning we do double lane as the traffic slows down, we narrow it down one lane, so that sign is there, but it’s not facing until we turn it around. As they get closer to the check point and they come up to the check point where the cones begin to start, that’s where we have two signs, one on the right, one on the left, that says D.U.I. driver’s license check point, and then the cones are set about 6 to 8 feet between the center lane, the middle of the lane, and two on the fog line. So there’s three set of cones that run down the lanes and the cars they come up, come into. Within those lines, there are signs in there. They’re supposed to go slow, have their driver’s license ready.
Q: How far from the check point is that?
A: It’s about a mile.
Q: Are there any opportunities for motorists to turn off PCH prior to arriving at the check point?
A: Yes.
Q: Okay. What are opportunities?
A: Again at Las Flores, Rambla Pacifico, Rambla Vista.
Q: That’s after they’ve been notified that a check point is ahead; is that correct?
A: Yes.
Q: Is there any possibility for them to make a legal U-turn prior to the D.U.I. check point?
A: Yes.
Q: Do you recall where that would be?
A: You can make a legal U-turn prior to approximate entering the cone pattern.
Q: What is the lighting like, both at the check point and also from the stretch of PCH leading up to the check point?
A: With the stretch leading up to the check point, it’s standard overhead street lighting, and at the check point, we have portable generator lights, and then we have on our D.U.I. trailer. We have thirty foot trailer; that is also office/command post; it has telescoping light that puts out about 35,000, so pretty much lights up daytime at a check point.
Q: That light that you described, was that over the screening area?
A: Yes.
Q: And when you say standard street lighting, can you describe?
A: Just poles with lights on them, city-installed lights.
Q: Okay. And in addition to the signs that you already described, was there any other indications that it was a check point as far as police vehicles and so forth?
A: Numerous police vehicles with lights, uniforms.
Q: Were you present for Sergeant Brooks’ pre-check point brief?
A: Yes.
Q: Okay. And did he describe to the officers who were participating the formula for what the questions they would ask at the screening area?
A: Yes.
Q: And were you at the check point for the entirety from 7:30 P.M. to 3:30 A.M.?
A: Yes.
Q: Were you able to observe officers engaged in screening?
A: Yes.
Q: Okay. Was the formula being adhered to?
A: From what I saw, yes.
Q: Did you create a document that summarized the results of the check point?
A: Yes.
Q: Okay. And did you give a copy to me a few minutes ago?
A: Yes.
Q: You didn’t give me a copy of this before today?
A: No.
Mr. D.A.: Your Honor, I provided a copy to the defense. I’d like to mark it for identification as People’s 2.
The Court: Two or three?
Mr. D.A.: It’s two.
The Court: Two. People’s 2 for identification. And you have a copy.
(Marked for identification, People’s exhibits 2.)
Mr. Rosenfeld: I do.
The Court: What’s the title of that document?
Mr. D.A.: It’s called stat card/information.
By Mr. D.A.:
Q: I want to ask you, Detective, do you recall how many vehicles ultimately passed through the check point that day?
A: If I can review the stat card.
Q: To refresh your recollection?
A: Yes.
The Court: Go ahead.
The Witness: 1829 vehicles came through the check point.
The Court: Eighteen hundred.
The Witness: Twenty-Nine.
By Mr. D.A.:
Q: How many totals were screened?
A: 1570.
Q: And how many field sobriety tests were administered?
A: Five.
Q: Can you tell, do you recall how many arrests were made for D.U.I., for impaired driving?
A: One.
Q: Do you know how many total arrests were made for other offenses?
A: I’d have to add them up real quick. If I can do that.
Q: Ballpark, roughly how many?
A: If counting unlicensed drivers, the warrants, probably a little over 20.
Q: Now, who is in charge of publicizing the check point?
A: I do.
Q: How do you do that?
A: I prepare the press release. There is the standard approved by the State Of California Office of Traffic Safety. I prepare the press release. I send it to my e-mail group that I have, the organizations that have requested to be e-mailed, and then I give printed hard copy to my secretary who then forwards to the other local news agencies that are not in the e-mail list.
Q: What information is contained in the press release that you prepared?
A: It gives the reason for the check point, the date, the time. We don’t undisclosed. It talks about the dangers of D.U.I.
Q: As far as location, do you have to specify any kind of information as far as where it might be?
A: Just the city.
Q: The city.
The Court: Mr. D.A., I have one more case; it’s three minutes to 12:00. I’ll recess until 1:40. Officer, you’re ordered back here at 1:45. Do not discuss your testimony with any other witness please. See you both back here at 1:45. Make sure any exhibits that are marked, you give that to the clerk.
(LUNCH RECESS TAKEN.)
Case Number: 3vy06269
Case Name: People vs. J. C. Client, California, December 3, 2013, Department No. 115 Hon. Dennis E. Mulcahy, commissioner appearances: (as heretofore mentioned).
Reporter: Patricia White, CSR No.7597
Time: (afternoon proceedings).
The Court: J. Client, Mr. Rosenfeld is present appearing 977, Mr. D.A. For the people. Detective Curry is back on the witness stand. Do you recall you’re still under oath?
The Witness: Yes.
The Court: Mr. D.A., you were probably near the end when I interrupted you.
Mr. D.A.: Hopefully, your Honor.
The Court: Let’s hope so.
DIRECT EXAMINATION
BY Mr. D.A.:
Q: Detective Curry, we were discussing the publicity that you supervised with regard to the June 28th, 2013, sobriety check point. You testified that you prepared a press release describing the location and the timing of the check point, is that correct?
A: Yes.
Q: And did you e-mail to any news outlets?
A: Yes.
Q: Do you recall who you e-mailed it to?
A: The L.A. Times, two local patches for Malibu, and Agoura and Calabasas.
Q: What are patches?
A: It’s like a local news organization. They have press passes and so forth.
Q: Did you e-mail any other outlets or other people?
A: It’s also e-mailed to our sheriff’s headquarters bureau, media relations for them to send it out to their sources, also, and then I also, as a grant requirement, it was sent to the California Office of Traffic Safety and grant coordinator and so forth.
Q: And was a press release faxed to anybody?
A: Yes.
Q: Who was it faxed to?
A: A number of local news organizations. I would have to refer but off the top of the head, Acorn, I believe The Daily News, and there’s Pepperdine who has a newspaper, so the university newspaper. There were a few others on there.
Q: Would it refresh your recollection to review People’s 1?
A: Yes.
Q: Specifically, page 11.
The Court: Go ahead.
The Witness: Yeah, the fax was Conejos Valley Examiner, Los Angeles Daily News, the Malibu Surf Site News, Malibu Times, Pepperdine University, the Acorn newspaper, Valley News Group and the Ventura County Star.
Q: And how do you know it was sent there?
A: Because we have the fax confirmations, printouts.
Q: That’s provided in People’s 1?
A: Yes.
Q: And do you know, when did you send that e-mail out? How far in advance?
A: I believe it was five days, four days; it was sent on Monday prior to the check point.
Q: Same thing for the faxes?
A: Yes.
Mr. D.A.: Nothing further.
The court: Mr. Rosenfeld.
Mr. Rosenfeld: Thank you, your Honor.
Personal Attention
