October 18, 1995: Partial testimony of Josie Hernandez
Prosecution questioning: The State Calls Josie Hernandez
Valdez: Good afternoon. State you name, please.
Hernandez: My name is Josie Hernandez.
Valdez: What do you do?
Hernandez: I am in charge of Uniform Police and Police Passport.
Valdez: I am going to direct your attention to March 31. Were you on duty?
Hernandez: Yes, I was.
Valdez: Do you remember being called to take pictures of the defendant?
Hernandez: Yes.
Valdez: Do you remember who that officer was?
Hernandez: I believe Maxwell.
Valdez: What did you do?
Hernandez: I went to the Interview Room and I talked to Officer Parker.
Valdez: Why?
Hernandez: Because at that time they didn't have a female to take pictures.
Valdez: Had you ever done this before? Had you been trained?
Hernandez: I received about a 15-minute crash course on it.
Valdez: What did he ask you to do?
Hernandez: Sergeant Rivera spoke to me of some injuries and that she needed pictures to be taken.
Valdez: Did you take pictures of her?
Hernandez: Yes, I did.
Valdez: What did you see?
Hernandez: She had some bruises on one of her arms, and shoulder (yellowish in color). She had a small abrasion on one of her knees.
Valdez: While you were taking those pictures, did you have a conversation with Yolanda?
Hernandez: Only to move her arms up and so on.
Valdez: What was her mood?
Hernandez: She was rather calm.
Valdez: What did she have on?
Hernandez: Something looking like a hospital scrub.
Valdez: Did she tell you that she had been in an accident?
Hernandez: No.
Valdez: Were you in the room by yourself?
Hernandez: Yes, sir.
Valdez: If I show you some pictures, Exhibits 41, 42, and 43, could you identify them?
Hernandez: Yes.
Valdez: Exhibit #43 looks like it's not in focus.
Hernandez: I was having a problem because it was on the leg.
Valdez: Are these the pictures?
Hernandez: Yes.
Valdez: Your Honor, I would like this as evidence.
Hagans: The defense has no problem with this.
Valdez: Her demeanor was cooperative?
Hernandez: Yes.
Valdez: I pass the witness.
Defense questioning:
Tinker: You took some more pictures of her didn't you?
Hernandez: Yes.
Tinker: What time ?
Hernandez: About 10 p.m.
Tinker: Did you know that she had been questioned by Rivera?
Hernandez: I had no information on that.
Tinker: The picture said 11:50. Do you have any recollection of that?
Hernandez: No, sir.
Tinker: May I approach the witness, Your Honor?
Judge: Yes.
Tinker: While I am looking at the photograph, who told you where the injuries were?
Hernandez: No one.
Tinker: Did Rivera suggest where the injuries were?
Hernandez: No. He just said some were on the body.
Tinker: Did you have any reason to take pictures on the back?
Hernandez: No, sir.
Tinker: Could you look at the report so you can see about what time does the report says?
Hernandez: Yes, it says 11:50.
Tinker: The statement says it was 11:20. So you couldn't have seen her until after she had made the statement. You were chosen to take the pictures because you were the only female?
Hernandez: Yes, sir.
Tinker: How long have you been in the department?
Hernandez: Eighteen years.
Tinker: Have you ever met me?
Hernandez: I don't think so.
Tinker: Let me show you what have been marked in Exhibits 11, 12, and 13. Are those the photographs that you took ?
Hernandez: Yes, sir.
Tinker: When you took the photographs, were you considering taking bruises?
Hernandez: Yes, sir.
Tinker: Photographs don't show as well as the naked eye, do they?
Hernandez: I guess not.
Tinker: Exhibit #14. In your opinion, that could have been a bruise from several days?
Hernandez: It could have been.
Tinker: That's all the questions.
Prosecution questioning:
Valdez: Do you think that those could have been bruises from a bat?
Hernandez: I don't think so. Bruises from a bat would have been black.
Valdez: That's all.
Hagans: What is the date of that again?
Rivera: March 13, 1995.
Hagans is asking Raymond Rivera about a picture of Selena.
Hagans: Paul Rivera had a poster of Selena in his office, didn't he?
Rivera: Yes, sir.
Hagans: Did it ever enter in your mind that this officer was too closely involved in this case because of the victim.?
Rivera: No, sir.
Prosecution questioning:
Valdez: The letter of March 13, 1995, the letter of resignation, were you aware of that?
Rivera: No, sir.
Valdez: Do you know that March 13th was also the day that Yolanda picked up the pistol at the Gun Shop?
Rivera: No, sir.
Valdez: Don't you remember Yolanda told you that she was still working for Selena?
Rivera: Yes, sir.