Tanchak - Redirect 95
T +
September 22, 1981, at approximately 3:15 P.M.
when you entered Apartment 7-K.
THE COURT: A.M.?
MR. KATZER: Excuse me?
THE COURT: A.M.? 3:15 A.M.?
BY MR. KATZER: (cont'd)
*} I'm sorry. 3:15 A.M. when you entered Apartment 7-K,
400 Central Avenue, You indicated that you secured
the occupants of the apartment, is that correct?
A That's correct.
Q What was your purpose in doing that?
A For our own safety; the safety of the officers
involved,
iad You also indicated that the occupants of the
apartment remained in the apartment for approximately
twenty minutes before they were taken away from the
apartment, is that correct?
A Thereabouts.
Q Approximately. What caused them to be removed from
the apartment?
A Tey were placed under arrest.
@ For what reason?
A Possession of marijuana and possession of
Tanchak - Redirect 96
fireworks.
And that was as a result of the search that you
conducted, is that correct?
A That's correct.
Now, who was the speed loader and the ammunition
found in relation to when the Defendant Young and
the other individuals were removed from the apartmen
A I believe they were still there when I opened
the suitcase at the head of Mr. Young's bed,
That suitcase had Michael R, Young's name on it, is
that correct?
A That's correct,
With respect to the papers that you took from the
apartment, you mentioned the term address
verification?
A Yes,
would you please tell the jurors what address
yerification is as it relates to the conduct of the
search pursuant to a warrant?
MR. OLIVER: Objection,
THE COURT: Overruled,
A when we obtain a search warrant for a certain
person and address we execute the warrant at that |
t?
Tanchak - Redirect 97
address and then obtain some sort of documentation
from the house or apartment with the person's name
and address on it verifying they, in fact, do live
there,
Was that the purpose for your taking those papers 7
A That's correct, it was.
Now, upon arriving at your detective office after
executing the search wi th those papers in hand, what
do you do?
A I realized they could not be used for that
purpose, When I looked at the top sheet I realized
they were not to be held in evidence and I gave them
to Lieutenant Murray to be returned,
Now, Detective, let's go to the State Quad parking
lot. At approximately quarter to eight in the
evening of September 2ist you saw a certain Mercury,
license plate 507-JVD there, is that correct?
A That's correct.
pid there come a time when you left the State Quad
parking lot?
A Yes, sir.
Where did you go after leaving the parking lot?
A fo the detective office,
Tanchak -— Redirect 98
8}
What was your purpose in doing that?
A To secure a search warrant for the vehicle
itself.
Did you, in fact, prepare a search warrant for the
vehicle?
A That's correct, I did.
And did you have that search warrant application
submitted to a Judge?
A That's correct, I did,
MR. OLIVER: Objection, Judge.
Beyond the scope,
THE COURT: No, overruled.
BY MR. KATZER: (cont'd)
,
Did you, in fact, obtain a search warrant for the
search of the vehicle?
A I did.
what did you do with that search warrant?
A went to the police garage on central Avenue
where the car was being stored.
At that time approximately what time was that?
A Probably 9:15.
Had the car been removed from the State Quad
parking lot by that time?
|
! Tanchak - Redirect 99
t
\ A That's correct,
tag, Where was it taken to?
A The police garage on Central Avenue.
What did you then do?
MR. OLIVER: Judge, I object to this
line of questioning as beyond the scope,
MR. KUNSTIER: I join in that, Judge.
Nothing was asked --
THE COURT: My recollection is, Mr.
Kunstler, that you opened the door on this by some |
of your questions on cross examination.
MR. KUNSTLER: I asked nothing about
a search warrant.
THE COURT: I understand that.
MR. KUNSTIER: Only who was present
and were they searching the car. I don't see how
that opens the door on what he did later on.
THE COURT: You asked this witness --
you had him at the Quad at 7:45, where did he go
after that, Back to the station, For what purpose,
The warrant. ‘That's my recollection of the cross
examination.
MR. KUNSTLER: I have no recollecti a}
or aoe r
Tanchak - Redirect 100
of that. Your Honor will have to let his
recollection govern but I don't think that I went
into anything about the search of that vehicle
other than the gun,
THE COURT: I understand you didn't
go into the subsequent search but you opened the
door in my judgment to this line of redirect
examination.
MR. KUNSTLER: I can only object.
THE COURT: I am going to take a
recess at this time.
Ladies and gentlemen of the jury: Wa
will recess now for lunch. Figure one hour. Be
back here at a quarter to two.
I want to remind you again: You are
not to discuss this case, either among yourselves
or with anyone else, Keep an open mind until the
matter is finally submitted to you for your
determination,
See you back here in one hour.
(A recess was taken for the noon
hour, after which the following proceedings were nad.)
THE COURT: Let the record indicate
Tanchak ~ Redirect 101 u
the presence of the defendants, their respective
counsel. The People are represented by Mr. Katzer.
. Let the record further 4indicate the
presence of the fourteen sworn jurors.
I will remind the witness you are
etill under oath.
You may continue.
The last objection is overruled,
MR. KATZER: ‘Thank you, Judge.
I would like this marked as People's
17 for identification.
(Five-page document was duly marked
People's Exhibit 17 for identification. )
BY MR. KATZER: (cont'd)
A] Detective, having in your hand People's 17 for
4{dentification, can you please identify that?
A Yes, sir. It's a search warrant for a 1979
Mercury four-door sedan, grey, 507-JVD. It's an
application for the search warrant. There's a
return from the search warrant and the copy of a
teletype in regards to a atolen vehicle.
Q Was that application signed by yourself?
A That's correct, it was.
Tanchak ~ Redirect 102
*]
BY MR, KATZER: (cont'd)
Was the search warrant signed by an individual?
A Yes, it was.
By whom?
A Judge Keegan.
Were you present when he signed it?
A Yos,
MR. KATZER: At this time I offer
People's 17.
MR. KUNSTLER: Subject to the
ob jection made before, Judge, I have no objection
to this per se. You have overruled my other
ob jection.
TE COURT: As to the general line
of inquiry. As to the exhibit itself, you have no
objection?
MR. KUNSTLER: To the exhibit itself,
I have no objection.
MR. OLIVER: Same objection.
THE COURT: Received without
objection.
(People's Exhibit 17 for
identification was received and marked in evidence. }
Katzer - Redirect 103
Q
Detective, approximately what time did you obtain
the search warrant that is now People's 17 in
evidence?
Ay About 9 P.M.
after obtaining that search warrant, what did you
do?
A I then went to our police garage on Central
Avenue to search the Car,
The car was then at the police garage having been
brought there from the State Quad parking lot, is |
that correct?
A That's correct,
Did you, in fact, execute the search warrant and
search the automobile?
A I did,
Please tell the Court and jury what you did and
what, if anything, you found,
A First we moved the car out of the garage to
the outside and then we proceeded to do a thorough
search of the car and in the trunk itself we found
two homemade what I would call nightsticks ~--
MR. OLIVER: Objection, Conclusion.
THE COURT: Yee. It's stricken.
ane
—
Katzer - Redirect 104,
What did you find?
THE WITNESS: Two sticks.
Approximately thirty inches long. They were
wrapped in black electrical tape,
BY MR. KATZER: (cont'd)
Q
What did you do with those items?
A They were seized as evidence,
(Items were duly marked People's
Exhibit 18 for identification,
Detective, showing you what has been marked as
People's 18 for identification, can you identify
that?
A Yes, sir, I can.
What are they? What is that?
‘ These are the two sticks I found in the trunk
of the vehicle 507-JVD.
Are there any identificatia marks on those that
allows you to recognize them?
A Yes, sir.
What are they?
A My initials are inscribed on each stick,
Are those sticks in the same condition now as they
were when you seized them from the Mercury on
— caine
46 sat ore oeeveenes os oo
Katzer - Redirect : | 105 |
September 21, 19817
A Yes, air, they are,
MR. KATZER: At this time I offer
People's 18 into evidence,
MR. KUNSTLER: Judge, I would just
renew the objection to the general line. I have no
objection to the exhibits themselves subject to
that.
MR, OLIVER! Same position, Your
Honor.
THE COURT: Received without
ob jection.
(People's Exhibit 18 for
identification wai received and marked in evidence, ]
BY MR. KATZER: (cont'd)
Q Detective, after you seized those two nightsticks
what did you do then?
MR, OLIVER: Objection,
Q I'll rephrase it. After you seized the items that
are People's 18 in evidence, what did you then do?
A They were returned to my office where they
were marked as evidence,
Q What time was this, approximately?
Tanchak ~- Redirect 106
A Probably quarter to ten.
boy Then there came a time that other law enforcement
agencies, officials, came to the Albany Police
Department, is that correct?
A That's correct.
Q You testified in response to questions from Mr,
Kunstler and Mr. Oliver that these law enforcement
agencies provided certain items of information to
members of the Albany Police Department, is that
correct?
A That's correct,
*) As a result of that information a search warrant was
typed by Assistant District Attomoey Joseph Donnelly,
is that correct?
A That's correct, it was.
* You were the sole police officer who signed the
application, is that correct?
A That's correct, I was,
fad Tis information that is contained in the search
warrant for the apartment was obtained after you had
seized People's 18, is that correct?
A That's correct.
& and further, after other members of the Albany
ees Sa
Tanchak - Redirect 107
aa
Police Department had seized People's 5, is that
also correct?
A That is correct.
Q What is the location of 400 Central Avenue wi th
respect to Bleeker Stadium?
MR. OLIVER: Objection.
THE COURT: Overruled,
A It's located on Central Avenue between
Partridge and Ontario, one block south of the
atadium,
MR. KATZER: Thank you, Detective.
Nothing further.
| THE COURT: Mr. Oliver?
RECROSS EXAMINATION
BY MR. OLIVER:
oy Detective Tanchak, you indicated that you -- is it
your teatimony you obtained two search warrants on
the night of September 217
A No. Only one on September 21.
oe Well, on the night of September 21 and September 22
you obtained two search warrants, is that correct?
A That's correct, I did.
=} and at what time did you learn that a vehicle, the
ieee myn aren cern SA Sa
ot Tanchak - Recross by Mr. Oliver 108
grey Mercury, was registered to Michael Young?
A Approximately 8:15, 8:30. Somewhere around
there,
| Q So at 8:15 or 8:30 you knew that that vehicle was
registered to Michael Young?
A That's correct,
Q So that at 8:15 or 8:30 you knew the vehicle was not
stolen, is that correct?
MR. KATZER: Objection.
THE COURT: Overruled.
A It wasn't anymore because it was in our
possession.
Q By 8:15 or 8:30 you knew that prior to the time it
was in your possession that, in fact, the vehicle
had not been stolen, is that correct? Or if it had
been stolen it had been returned to Mr. Young?
A On the contrary. I did not mow that,
Q You did not know that? .
A No, sir, I did not,
Q well, what time did you leam that?
MR. KATZER: Objection, Your Honor. |
’ TE COURT: Overruled. |
A Regarding what?
noee einen ciaementnebietammamenn ceohemmemamemmn
sie nen Lawiencnreramnennenn me nnn eer y se vere
Tanchak - Recross by Mr. Oliver
109
Q
At what time did you learn that the vehicle, the
grey Mercury, was on September 21 prior to its
seizure, was in Mr. Young's possession?
A Approximately, I would say, 5 A.M, on the
morning of the 22nd I found that out.
5 AM.?
A Somewhere around 5,
When you filled out the second affidavit?
A Te one for the apartment ?
when you filled out the affidavit for the search
warrant for 400 Central Avenue you stated to Judge
Keegan that you expected to find Michael Yong in
that apartment, did you not?
A Is that what it says, sir? I don't believe
that says that he was expected to be found in that
apartment.
Doesn't that state that members of the Communist
workers Party who accompanied Spearman to Albany
had been using the apartment?
A Where you showed it to me? No, I don't see
that.
You oa read the whole affidavit.
A It says here source indicated that John
sivemueianaen nore note “~. arms seen operas een ee soem ~—
— asec
Tanchak - Recross by Mr. Oliver 110
T
Spearman -- excuse me ~- the source indicated that
the apartment specified above was being used by
John Spearman. I don't see where it says Michael
Young was there.
Q Isn't it a fact the affidavit states the same
source indicates that the apartment specified above
was being used by John Spearman, both as a residenca
and as a base to plan their activities in the Albany
area relating to the rugby game?-
A Correct, It does say that,
Q Doesn't it also say the source indicated that other
members of the Communist Workers Party accompanied
Spearman to the Albany area and were also armed and
intended to engage in violent activities to disrupt
the rugby game and to engage in violence against the
aibene Police Department, these members were *
identified as Michael Young and William Robinson?
A Correct, It says they accompanied Spearman
but not at the apartment.
Q That was where Spearman was residing and used as an
alleged base, that apartment?
A Yes, sir.
Q Doesn't it in fact state that the apartment was |
menrnernemasccenr ad
Tanchak ~- Recross by Mr. Oliver
lili
being used by the Communist Workers Party as a
base for their planning their activities with
regard to the rugby game ?
A I don't see where it says a base for the
Communist Workers Party but just mentions Mr,
Spearman --
THE COURT: In any event it's in
evidence and it speaks for itself, doesn't it?
MR. OLIVER: Yes, Judge.
BY MR. OLIVER: (cont'd)
*) You knew that Mr. Young was in Albany, is that
correct?
& No, I didn't know that.
Q Sources told you Mr. Young was in Albany ?
A Yes.
Q Those sources were Mr, Rose and the F.B.1I.?
A Among others.
Q What others?
A Members of the Albany Police Department.
*] They kmew that Young was in Albany too?
A That's what they told me.
) Who were they?
A Lieutenant Murray, Deputy Chief Reed,
wm ore nert een note ears eters errno —~ “os oe ~~ et ee etal T
rene nannies nine
ered
<-—
Tanchak - Recross by Mr. Oliver
112
Q
They told you this apartment was being used by
John Spearman as a residence and as a base to plan
the activities of the Communist Workers Party in
Albany around the rugby game, isn't that correct?
A Yes, sir, that's correct,
You knew that Mr. Spearman and Mr, Young were
associates, isn't that correct?
A Yes, I did.
You knew by that time that the vehicle was
registered to Mr. Young, isn't that correct?
A That's correct, I did.
yet you said in this affidavit that the car was
stolen, isn't that correct?
A That's correct.
Let me ask you this: Is there anything in that
affidavit that hints or indicates to the issuing
Judge that in fact that car was registered to
Michael Young?
MR, KATZER: Objection.
THE COURT: Sustained.
BY MR. OLIVER: (cont'd)
‘od
The only thing you told the issuing magistrate was
that the car was stolen, is that correct?
= wee oe See ~~ 7 we waren -~ —
Tanchak - Reoross by Mr. Oliver 113
A Among other things.
Q You inatoated in your testimony on your redirect
by Mr, Katzer that you took papers for purposes
of identifying the apartment, is that what your
testimony was?
A That's what I said.
& Well, when you went to the apartment, was Vera
Michaelson there?
A Originally? That's correct,
Q What other verification did you need?
MR. KATZER: Objection.
THE COURT: Sustained.
BY MR. OLIVER: (cont'd)
Q Wesn't her name on the door? Wasn't her name on
the mailbox?
A I didn't look.
Q You knew she was there?
MR. KATZER: Objection.
@ You saw her there, didn't you? You ar
right?
MR. KATZER: Objecti
THE COURT: Overruled.
A That's correct,
T
tog
we
*
Tanchak - Recross by Mr. Oliver 114
Well, when you took something for quote
verification unquote why didn't you look to see
if it had Vera Michaelson's name on it?
MR. KATZER: Objection,
THE COURT: Overruled.
A Because I just assumed it did,
You assumed that it did?
A That's correct,
Hundreds of pages of material and you assumed it
did without looking at it?
A I don't kmow if there was hundreds of pages.
You said there might have been a hundred pages»
didn't you?
A I said anywhere from twenty to me hundred,
tT don't know.
You didn't look to see if it had Vera Michaelson's
name on it but you took it for purposes of
verifying she lived there?
A That's correct.
You took the list of all the members of the Albany
Coalition Against Apartheid, is that correct?
A No, that's not correct.
You don't kmow what you took?
sence —_
ve aie —~ a ace rove o ry abiaiaied yosvareraren commie
Tanchak - Recross by Mr. Oliver 115
BY MR. OLIVER: (cont'd)
os,
A That's correct,
Where did you take those papers from for
verificatio?
A where were they in the apartment?
Yes,
A I believe they were on the kitchen table,
Did you search Miss Michaelson's purse?
A I dm't believe I did,
Did somebody?
A They might have. I don't know.
ton? s Where normally a driver's license in a purse?
MR. KATZER: Objection.
TE COURT: Sustained,
Why didn't you look for verification of who lived
there in some form of identification papers?
MR. KATZER: Objection,
THE COURT: Sustained.
How long did the Albany Police Department have the
information about who the members of the Albany
Coalition Against Apartheid were?
MR. KATZER: Objection,
THE COURT: Sustained. Ask him how |
Pasta he AN i LEENA ASAP NA DUNE LENIN CE TOA NR PSEA NIN ANY EAN LENT.
Soe bhi AM ii adnan shales snc x hi ards
Tanchak - Recross by Mr. Oliver 116
nee ee ere seme ram eee
long he had it.
BY MR. OLIVER: (cont'd)
Q You also indicated that there was a quantity of
marijuana taken from the ssenensné: ia that
correct?
| A That's correct,
we How much?
A In weight?
*] Yos,
A I don't know.
Q It's a fact that it was less than a quarter of an
ounce?
A I don't know.
Q Did you charge Miss Michaelson with an offense as
a result of that?
| A She was charged, yes, sir.
| bog What happened to those charges?
MR. KATZER: Objection,
THE COURT: Sustained,
fe Is it a fact they were dismissed?
| MR. KATZER: Ob jection,
A I have no idea,
& Weren't you in court on the day they were dismissed?
eaten cetennttn meena nite eeeaeiteereninitsiteettpec SCENE a
ts ; .
Tanchak - Recross by Mr. Oliver 117
MR. KATZER: Objection.
THE COURT: Sustained,
Q What offense did you charge her with?
MR, KATZER: Objection.
THE COURT: Did you make the charge?
THE WITNESS: Yes, Your Honor, I did,
A I believe it was unlawful possession of
marijuana.
Q In what degree?
A 221,05. The original degree.
*} What kind of offense is that?
A I believe it's a violation.
*} What is the maximum sentence for that?
A I have no idea,
Q Isn't it a fact that it's a hundred dollar fine?
A I have no idea.
MR. OLIVER: I have no other
ques tions.
THE COURT: Mr. Kunstler?
MR. KUNSTIER: Just a few, Judge.
RECROSS EXAMINATION
BY MR. KUNSTLER:
Q Detective Tanchak, you indicated, I believe, that |
Tanchak ~ Recross by Mr. Kunstler
Adda TROND SAA O IDEN A DOM to ARTA DASA
¥
118
we
the bullets, the rounds and the loader and the <-
1'11 stick to the bullets and the rounds and the
loader -- were found in a suitcase or valise in
Apartment 7-K of 400 Central Avenue when you
executed the search warrant which we discussed
earlier and which you discussed with Mr. Katzer
upon redirect. Do you remember that?
A Correct.
where is that suitcase?
A I have no idea.
Was that the suitcase you said had Michael Young's
initials in gold om it?
A It said Michael R. Young.
Michael R. Young, in gold?
A That's correct.
How big was it?
A Te size of an overnight bag. Probably
twenty-four inches long and maybe twelve inches
high. Maybe a little bigger.
Didn't it cross your mind that might have been
evidence in this case?
A No, I did not.
pid it cross your mind that @ jury might want to
en renner a
oaniemmetnmiassmnunees amnnee seoaaennas carermciene caameaea ionmeennnasieninaia es vane etn tee
+
Tanchak - Recross by Mr. Kunstler 118
|
}
i
the bullets, the rounds and the loader and the <«-
1'11 stick to the bullets and the rounds and the
loader -- were found in a suitcase or valise in
Apartment 7-K of 400 Central Avenue when you
executed the search warrant which we discussed
earlier and which you discussed with Mr. Katszser
upon redirect. Do you remember that?
A Correct.
Where is that suitcase?
A T have no idea.
Was thdt the suitcase you said had Michael Young's
{initials in gold on it?
A It said Michael R. Young.
Michael R. Young, in gold?
A That's correct,
How big was it?
A The size of an overnight bag. Probably
twenty-four inches long and maybe twelve inches
high. Maybe a little bigger.
Didn't it cross your mind that might have been
evidence in this case?
A No, I did not.
pid it cross your mind that a jury might want to
yon sewers ne Prenat Ne A TEA IEA AE oe er nema ng see tran Ameen a a ee cena nr mt er oasis setarmreenta
Tanchak - Recross by Mr. Kunstler 119
silat cope MOANA SARIN INARA UALS
BY MR. KUNSTLER: (cont'd)
oT
+
see the valise out of which you said you took this
material?
MR. KATZER: Objection.
THE COURT: Sustained.
Are you sure you saw a valise there with Michael R.
Young on it?
MR. KATZER: Ob jection,
THE COURT: Sustained,
You have seized evidence before as an officer,
haven't you?
A That's correct, I have.
And was it you who made the determination to take
this material out of the valise and leave the valise
behind?
A That's correct. It was me,
You knew that the valise contained the name of a
person who might be charged with a crime, didn't you?
A That's correct,
You didn't think it was worthy of seizing at that time?
MR. KATZER: Objection.
THE COURT: Sustained. In any event
you didn't seize the valise, is that correct?
Tanchak - Recross by Mr. Kunstler 120
THE WITNESS: No, Your Honor, I
didn't.
THE COURT: Very well.
BY MR. KUNSTLER: (cont'd)
Q Sir, at this point we have only your word it was in
the valise, isn't that correct?
MR. KATZER: Objection.
THE COURT: Sustained,
Q Now, Detective Tanchak, with reference to the search
of the car and the warrant which I think is People's
17 in evidence, do you know how it got from the
Quad parking lot to where you executed the search
warrant?
A Direct knowledge? No, I don't have that
direct knowledge,
Q Was it driven by Mr. Spearman?
A I don't believe so.
Q where was it taken? Whoever drove it,
A I'm sorry? I didn't hear you,
See Where did the car go?
A To the police garage; inside the garage.
be That's where you executed the search warrant known
as People's 177
Tanchak - Recross by Mr. Kunstler 121
A On the grounds there; yes, sir.
Now, was it your information at that time that a
pistol had been found or 4 revolver in the glove
compartment of that car?
A I don't understand what you mean. My
information?
when you got to the garage you were going to begin
your search pursuant to the warrant?
A Correct,
Was it your knowledge or did you believe that a
revolver had been found by the Albany Police
Department in the glove compartment of that car?
A That's correct.
Now, did you have the glove compartment dusted for
fingerprints? |
A No, sir, I did not.
pid it cross your mind someone might have put that
gun in that glove compartment -- someone you might
have charged with a crime or might have been charged
with a crime?
A Yes, it crossed my mind.
Did you ask that the fingerprint unit dust to see
whether any fingerprints were on the glove
Tanchek ~ Cross by Mr. Kunstler 122
compar tment?
A No, sir, I did not.
Now, with reference to the search warrant you
executed the affidavit or the application, the
sworn application that Judge Keegan was given that
night, is that correct?
A Was this in reference to the car?
That's right.
A Yes,
That's 17, I believe. In it you said that there was
reasonable grounds to believe that certain property,
to wit, any weapons such as knives, guns, machine
guns, firearm silencers, switchblade knives,
gravity knives, rifles, shotguns, cane awords, '
chuka sticks, electronic dart guns or any other
weapon or object which is to include black jacks,
bludgeon, metal knuckles, gsandbag, sandclub,
slungshot, dirk, razor, stiletto, or any other
weapon which when possessed is in violation of the
Penal Laws of the State of New York -- this also
includes any other contraband -- which, when
possessed, is in violation of the Penal Law of the
State of New York. Did you put this in yourself?
oe er ee ae
a
Tanchak ~ Recross by Mr. Kunstler 123
A That's correct, I did.
Q Did you type this yourself?
A That's correct, I did.
Q Where did you get the information as to those
weapons might be in that vehicle?
A I just took a quote out of the Penal Law.
Q You took a quote out of the Penal Law?
A That's correct,
ag You are stating you took a quote out of the Penal
Law as indicated to Judge Keegan there is reasonable
cause to believe that certain property, and then
listing that was in the vehicle?
MR, KATZER: Judge, that was a quote
from the warrant itself. The application is where
the information is contained.
THE COURT: Pardon?
MR. KUNSTLER: May I say, Judge,
that is a totally false statement that the district
attorney has just made in front of the jury. I ask
that he be admonished, It's in the application.
THE COURT: It's in evidence,
MR. KUNSTLER: Take a look at it,
Mr, Katzer.
UR YT nana tae
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