CALDWELL

Raise your right hand. Do you

swear to tell the truth, the whole
truth, so help you God?
ADAMS
Yes, sir.
CALDWELL
Okay. Have a seat. State your
name.
ADAMS
Detective Elizabeth Adams with the
Lexington Police Department.
PROSECUTOR
Detective Adams? Where you
employed at the Lexington Police
Department in December 12, 2009?
ADAMS
Yes.
PROSECUTOR
On that day, did you place a charge
of robbery in the 1st degree
against the defendant, Pleas
Kavanaugh?
ADAMS
I did.
PROSECUTOR
And are you also aware of the facts
and circumstances which surround
him being charged with unlawful
imprisonment in the 1st degree?
ADAMS
I am.
PROSECUTOR
Can you explain the facts and
circumstances which led to both
those charges?
ADAMS
Yes. Uh, we received a CNO report
from patrol who had taken a robbery
report on October 24th at about
1:40 in the morning. The victim
stated that she was waiting for her
ride at West High and South Upper.
She saw a male loitering in the
area but she was on the phone on
and off, you know, with her ride,
and didn't pay too much attantion
until she was grabbed from behind
by the neck and drug off the wall.
She was, she fought the assailant,
who was trying to pull her behind
the building. Uh, he eventually
succumbed to the...the assault, of
her trying to get away and fled the
scene. Her keys and cellphone were
removed from her purse and they
were not found by a search of the
area, by patrol officers or by
canine. Blood was collected from
the scene and submitted to the
state police lab. It has not been
returned yet. And on 12/08 of 2009
at about 1:45 in the afternoon, the
second victim, Ms. Baker, was at
the transit center waiting on her
bus and was approached by a light
skinned black male, that she
described as tall and thin, who sat
down next to her and asked her,
first, if she knew where he could
buy narcotics. She said she didn't
use narcotics and as he pulled his
hand out of his pocket, on the side
she was sitting on, a baggie, that
she said had suspected cocaine in
it, fell out. Then he removed a
chrome knife with a four inch blade
and held it to her and told her
that she was coming with him. We
have that victim's statement and
there is video being looked at by,
uh, technicians who are qualified
to review that. It's a DVD. It
won't play in a normal computer.
The afternoon of 2009, the victim
from the transit center came in and
produced a computer generated
composite with the technician that
does that. That composite, uh, was
shown to the victim from, uh, West
High and South Upper because the
description overlapped. She
identified it as her assailant. I
have had contact with, uh, Mr.
Kavanaugh before and recognized
similar features based on the
composite. He was developed into a
six person lineup and shown
independently to both victims, who
each chose him out of the lineup.
PROSECUTOR
And did both of these events happen
in Fayette County?
ADAMS
That's correct. We attempted to
find Mr. Kavanaugh to question him,
but he was unwilling to come down
to police headquarters and speak to
us so we obtained a warrant.
Refers to one for unlawful
imprisonment which was signed by
Judge Bouvier on 12/10.
PROSECUTOR
So to clarify, the robbery 1st,
that was out of the October 24
incident on High Street?
ADAMS
That's correct.
PROSECUTOR
And the unlawful imprisonment was
out of the December 8th at the bus
station?
ADAMS
Yes, ma'am.
PROSECUTOR
I have nothing further at this
time.
ZORIN
Thank you, your honor.
Detective Adams?
ADAMS
Yes, sir.
ZORIN
You mentioned that you've had
contact with Mr. Kavanaugh before?
ADAMS
I have.
ZORIN
How many times?
ADAMS
I've...been investigating a
case...one of...prior case back in
2004.
ZORIN
Is that? The answer is one then?
ADAMS
I've had one incident with Mr.
Kavanaugh. Yes.
ZORIN
Just one. Now, lets get right to
it.
 ADAMS
Yes.
ZORIN
This computer generated composite.
ADAMS
Yes.
ZORIN
How is that generated?
ADAMS
Uh, I am not a technician. I can
show you the composite that was
done by the technician at the
transit center.
ZORIN
There you are, your honor.
ADAMS
The technicians name is Anderson.
ZORIN
This is it? This is all you got?
The computer generated cartoon
basically?
ADAMS
It's a computer generated sketch.
Yes.
ZORIN
All right. Now you mentioned that
the victim from the West High/South
Upper incident...
ADAMS
Yes.
ZORIN
...was attacked sometime in them
morning.
ADAMS
Around...She came in contact with
the police around 01:45.
ZORIN
So that's night time? Right?
ADAMS
Yes.
ZORIN
And she was attacked from behind?
ADAMS
That's correct.
 ZORIN
So, during all this, uh, fracas,
she supposedly got a look at this
guy?
ADAMS
Yes.
ZORIN
And she's the one who generated
this?
ADAMS
No. That's the transit center
victim's sketch.
ZORIN
Okay. I wanted to get that clear
because it seemed to be very
confusing, before, about who did
what. All right. Well then, lets
go to the transit center one then.
ADAMS
Yes.
ZORIN
So this is in the afternoon?
Someone wearing a hat? Right?
ADAMS
Yes.
ZORIN
And she comes up with this.
ADAMS
Yes. She did.
ZORIN
Was this ever compared to an actual
photograph of Mr. Kavanaugh?
ADAMS
I have a photograph of Mr.
Kavanaugh that...
ZORIN
No, that's not the question. The
question was... Was the victim
shown both this and a picture of
Mr. Kavanaugh?
ADAMS
She produced that. Based on that
we developed a photo lineup which
includes a photograph of Mr.
Kavanaugh. Yes.
 ZORIN
Photo lineup?! Now, you I have
spoken before.
ADAMS
Yes, we have.
ZORIN
And I asked you, then, how this
process went down.
ADAMS
That's correct.
ZORIN
And is it true that you told me
there was no lineup? In fact, you
had only shown one picture?
ADAMS
No. That's not correct. I have
the photo lineup right here. I'm
sorry if you misunderstood that.
Oh. That's... To whom are you
speaking? It was shown to both the
original victim from the 10/24 case
and to the victim of the transit
center.
ZORIN
So now you're saying that there was
actually an array?
ADAMS
There was a photo array. That is
the method in which we produce a
six person lineup. Yes.
ZORIN
I thought I was very specific to
that question last week.
PROSECUTOR
Your honor, this is not... Their
previous conversation's not
relevant to probable cause. She's
testified
BELL
Sounds like there's been a
miscommunication or a
misunderstanding, but I understand
what you're saying.
ZORIN
Might I see the array?
ADAMS
Yes.
Zorin studies the array.
ZORIN
Who, uh, prepared the array?
ADAMS
I did.
ZORIN
And this was the other question.
What you're telling me, the
connection between the computer
generated photograph and the name
of Pleas Kavanaugh came from you?
ADAMS
Yes.
ZORIN
Now you also mentioned that there
was a video?
ADAMS
From the transit center. Yes.
ZORIN
The transit center. All right.
Have you, uh, been able to view
that video?
ADAMS
I have not. Like I said it doesn't
play in my computer so the
technicians have to use the avid
system and I don't have access to
that room.
ZORIN
Well, I mean, have they given you
any captured images?
ADAMS
I have nothing back from that.
ZORIN
All right. You've not thing back
from that.
ADAMS
That's correct.
ZORIN
And you said there was, uh, some
blood gathered at the scene of the
West High incident.
ADAMS
That's correct.
ZORIN
Have any results come back from
that testing?
ADAMS
No. None of the results have come
back from the... No.
ZORIN
Nothing on that. Now, I couldn't
help but noticed in this array,
that Mr. Kavanaugh appears to be
the lightest skinned African
American in it.
ADAMS
These are generated based on the
photos that are available to us.
We're not allowed to adulterate the
photos.
ZORIN
I'm not talking about the photos.
I'm talking about the selection of
who you put in the array.
ADAMS
I understand.
PROSECUTOR
Your honor, we're getting into
issues of trial, here. This is for
a jury. This is not for a probable
cause hearing. Photos were shown
to two witnesses, both of whom
picked out the defendant.
BELL
Yeah.
ZORIN
All right. The issue, your honor,
is is that as we were going into
this questioning before, I was
originally told that there was only
one image shown to both victims.
All right. Now I'm hearing that
there was an array. I'm now
exploring what this is all about.
As far as the, uh, issue of
identification. We've established,
now, it's only come to just one
officer. We have not other tests.
As far as the descriptions that are
given, uh, the main question I have
is how Mr. Kavanaugh is now being
charged with these particular
crimes based simply on a computer
generated cartoon, for want of a
better word. And yet we have no
other evidence on that. The
 evidence is extremely thin. Uh, at
this point, I have no further
questions for the witness and I
would move that the charges be
dismissed in the place of no
probable cause.
BELL
Okay. Give her those things back.
Any other questions?
PROSECUTOR
I have not further questions, your
honor.
BELL
Okay. You may step down.
ADAMS
Thank you.
BELL
Any other witnesses?
PROSECUTOR
The state has no other witnesses.
BELL
Okay.
Bell exhales.
BELL (CONT'D)
Well, Mr. Zorin, I understand what
you're saying and, uh, you've got
some defenses here, but based on
what I've seen, the testimony of
the officer, I'm gonna find
probable cause at this time. Hold
the charges of the grand jury. Um,
we've got one other matter. Looks
like he's going to jail today. He
didn't pay some fines. Judge
Goodman signed a warrant for him.
So, he's got five days to serve in
jail or pay $479, but he's gotta go
to jail before he pays it.
Pleas scoffs.
ZORIN
Your honor, I thought this was
taken care of last week?
BELL
I don't know what you're laughing,
sir. You think everything's so
funny in here. You ought to get
your act together and quit
laughing! This isn't a funny
place, sir, I'm telling you! You
smiled and laughed throughout this
whole proceeding like it's a big
joke. You know? It isn't!
ZORIN
Well, he...
BELL
I can't deal with this now. It's
Judge Goodman's case.
ZORIN
He was released last week.
BELL
This was signed on December 18th.
ZORIN
I have nothing further.
BELL
Smiling and laughing throughout the
whole proceeding. He may be a
tough case, but he's just smiling
and laughing the whole time. This
isn't his first rodeo. He's
probably on probation somewhere.
Mr. Caldwell?
CALDWELL
(Inaudible.)
BELL
Okay. Yeah. I've seen that guy
before, too. This isn't his first
rodeo. Not his first rodeo, Mr.
Kavanaugh. Is he on? He's
probably on probation or something
somewhere.
CLERK
He's been in before.
BELL
Huh?
CLERK
He has been in before.
BELL
What other record does he got?
CLERK
I can look.
CLERK (CONT'D)
Yeah. Take a look. I'm just kinda
interested.