STATE OF ILLINOIS SS COUNTY OF DU IN THE FOR PAGE CIRCUIT COURT OF DU PAGE COUNTY EIGHTEENTH JUDIctL CIRCUIT OF ILLINOIS THE THE PEOPLE OF THE STATE OF ILLINOIS Plaintiff vs Nos. hi STEPHEN ROLANDO Li ALEJANDRO HERNANDEZ ALEX HERNANDEZ a/k/a 12 BUCKLEY CRUZ CF 84 CF CF 84 Defendants. Thursday 1985 21 22 23 24 January 130 oclock The resumed trial of pursuant to the above-entitled adjournment. PRESENT 20 KOWAL i_ 15 19 363-01-12 BEFORE JUDGE AND JURY 14 18 3610112 3620112 and 13 16 84 MR. KNIGHT MR. KING MR. JOHNSON MR. LUND MR. WESOLOWSKI MR. LAZ. ERNEST C. SCOLA Official Court Reporter Illinois Wheaton cause 31 p.m. 44 ROBERT called witness as Illinois having testified and WINKLER The by been People first duly DIRECT by And what 10 11 DuPage with the 14 A. name your sir please W-i-nk-l-e--r. your occupation or profession June 19 at what that 20 commander County second watch Center. long have you been Sheriffs associated Office years. Back 18 how for DuPage 17 were in May and June your duties and of 1984 last May and responsibilities time A. time was referred carried the same At that to as duties as superintendent. 22 Im 23 24 is Correction County And 16 21 examined Knight Winkler L. watch am A. 14 15 was air 12 13 sworn State of EXAMINATION Mr. you tell us Robert Lt. A. the follows as Would of from 300 until in 1130 charge at of night. the afternoon do now. watch 45 that Is back in May June and That A. the same time period that you worked or is sir. And directing Okay. conversation Jail 10 11 A. my 1984 inmate an to did you have in the DuPage County Alex Hernandez name of Yes A. 12 with by the 6th June approximately your attention sir did. And where The conversation itself took did that conversation take place in place office. 13 Okay. What circumstances 15 conversation if can you led tell us tour of to that 16 was A. making first floor in the 18 was the facility on the area where receiving Mr. Hernandez housed. currently 19 Q. What A. He time happened at that out to me through talk to me 20 yelled his door and State 21 that he would like to as soon as possible 22 alone in my office. 23 Q. Okay. 24 Apprently then you knew him at that tim 46 as inmate an Correct A. And p. inmate who were you known you ever in the No A. sir. sir. Had p. Jail cOrrect County knew he Yes A. an in the him before he became Jail County sir. Okay. What 10 you and said 11 12 wanted he Well A. told in about 10 office where called he out to you busy doing other we 18 you talked 20 A. to him at No sir conversation 23 Q. when the would back get which officer to him did. escort him to my conversed. there And anyone stated purely between conversation what when present wasnt. Hernandez about else time that there Mr. this an then Was 19 him Okay. p. 24 to was minutes 15 or had 17 22 when duties. 15 16 talk to initially 13 14 did you do time of took place that himself day or on June he wanted and night 6th myself. was it 47 Approximately A. 630 and p.m. p.m. Would outset the that of Yes A. tell you us to best of the whether you gave him any recollection at 600 between sir your admonishments conversation did. Would you Well when tell what us transpired the at outset A. 10 11 room talk he to first stated me about 16 not have to do stated talk by to me Miranda that would which remain 19 20 21 against what he was 23 going 24 to have call before he to advised him that did he him that have to if wished he him his give to rights him that he did have the counsel even said he that and can his current case will be thats if explain. also right to to him concerning 22 like silent. Anything used would he did. advised right to into the so. 17 18 that me immediately 14 15 to came his case. 12 13 Hernandez Mr. advised present talked to him that and me to also he had the to make either talk phone to 48 friend or his attorney. went counsel if at also line-up and didnt he have the through normal being wasnt any. having appointed counsel did or sure if he not. then He his rights as acknowledged given. Okay. 0. And 10 11 understood What if 12 14 15 stated circumstances on that 18 19 not trust other to FBI. the case about or Did talking the you to to explain to some myself purely trust me he did not want involved or the anything other people Wilkosz. Det. time that say asked or the authorities Office 22 24 could he whom next and by time that this case at States Attorneys 0. 23 said wished he felt felt He 20 21 say at that he was he to convey this information. 16 17 he surrounding basis the did that acknowledged what rights anything He P. 13 his after he him if he And to he talk in as wanted of such at of the assigned particular inad either such detectives expressed to could he to him you as the you. yourself time that 49 Okay. p. But He A. did want he did want to talk then told the situation both the States Attorneys through And did the 11 even got into that Im 15 busy didnt want appreciate and if 18 he to wanted How A. He And that push due to to make would to tell did he said clear 1in and also did. transaction the time that at my position written lot come duties of wanted he talk to -- anything case the out strict to me to would to the do point me anything. at that informed him time my duties on what that would took you know naturally place He -- just problem. report All right. have if before we concerning respond no fine. P. chief Hernandez Mr. him into he also 23 which resume then 20 22 Office person. it if p. 19 21 deputy conversation the my tour. 16 17 would by advised during him that Yes. A. 14 me. after clearing conversation 10 13 to you to Okay. Q. 12 talk to have said 50 And what He A. burglary. other in day Naperville this not they had 11 model Lincoln been to with planning time home 65 off Route two located short ways commit to planning of day referring been some the burglary proceeded Continental Mr. to the Hernandez late in scene and named two individuals. 12 13 far was on location. They 10 for too that he had invited then say state February individuals from Aurora at in was He named to proceeded certain on did he Did to he describe the color of that car at all you 14 A. 15 Dark green What if 16 they reached late anything model Lincoln did he Continental. they did when say the area of that home stated when they got 17 He A. that to the area 18 they drove around 19 20 He wasnt couldnt really give He while. for me stated on specific an exact that the time. He time. when it was determined 22 that they were going to go into this dwelling 23 became 24 Q. very nervous. Thats what tn other he told words you he lost he his nerve. 51 Thats A. what then He individuals which incident from the that 10 11 12 13 he not 16 17 that Continental then fruits of Did remembered items was to Mr. 23 24 named two vehicle A. 22 Green that with through him off three the blocks then after they then he short while Lincoln late to individuals blocks entered with model his location the to later Lincoln again retrieve away. vehicle little girl on along the later -- againhe while the and rear seat several items he states crime. describe any of those items as he them stated He white Coffee Did had named -- but three noticed immediately were go they did returned He 20 21 time on the other the this other two to not short him from his location of the dropped what say specific 18 19 they then he 14 15 wished he stated He stated with told me off him A. was told dwelling. Did dropped he that specifically automatic but not you have item where it coffee Mr. any was one maker of the similar Coffee. conversation about located who 52 indicated He A. that possessed but he refused pursue at that item and to came back for was it who where and which now was he did not any conversation doing when him in this car described He A. who knew he time. little girl was the that me any further go you have Did Q. to he about what saw her when the little girl was bleeding they as obviously frightened. 10 11 Her that pleading 12 13 14 Now to what back in What they brought he He A. 21 22 where he could you tell the repeat did he anything little girl back c. that with continued to the states these him off at at if the back proceeded 23 24 did he you next as little girl question the tell you after in car where the was 19 20 -- what was she home. go after they brought Im sorry 16 to and car the A. 18 wanted did he happened 15 17 she lip the house According timedid he Aurora two at to see the area to named his what the fact they his residence individuals house he that was and dropped then telling left. you little girl again at any 53 that time after as A. He stated Q. Is that no he inmate Alex Hernandez had that present not. referred you here in to this courtroom today Yes A. Can 10 of referring to 11 13 14 desk blue 17 the directly in describe wearing jury know front of suit light blue MR. reflect who hevs the on bench the ladies the is you it with tie so the where and are left front wearing the dark stripes KNIGHT the Your Honor identification of may the the record defendant Alejandro Hernandez 18 19 hes what him to hair. 15 16 is. From my location A. 12 he you point hes sitting gentlemen sir THE BY MR. COURT The record may so show identification. KNIGHT 20 week Approximately 21 22 23 did you have another occasion inmate by the to have name Cruz 24 A. Yes sir did. of or ten days earlier conversation Ronnie Cruz with or Rolando 54 Do remember you the exact date that of conversation it was .i. im not certain And conversation 10 12 can that Mr. it was to go you had with 15 another one 16 was There Q. Okay. had was just called now about was night that one 700 7200 around what led to that to he speak with termed he me was that about the only what one or the second to you did you the conversation case after or was that there that day prior. conversation then what talking do when you were he asked to that see time 22 A. 24 as before This that and that either 18 23 requested him concerning A. 17 21 evening the or itself. off. 14 20 day days ten evening Cruz And he time of you tell us very urgent1 13 19 in date the on or evening. Q. 11 wh was It A. the exactly About Q. week approximately Well again when indicated that he wanted reference this case. to spoke tell me with him he information you in 55 And rights just had as done and this time But and busy did he the told that if wanted with it my deputy again talk to his Hernandez. Mr. Office. was me to wanted him to prior day that him he him of States Attorneys the through with cleared Again chief admonished again extremely such get to as the point. Q. Was A. Yeah. 10 11 12 14 15 16 did him you wanted He A. And me wanted he the that it day 17 said to when respond get tell me you told to the He understood that wanted what me this point to his he just time rights. had forget told about it Okay. Wiat 19 Well A. 20 guess talk to Ill me did you told forget about 22 23 before day lengthy. fine. he the happened. 18 21 he him to prior never was It What 13 long conversation it say him about it. to said well okay What says well want truth today. Q. do you want fine. to today He 24 that And what did he say then to tell you the 56 one stated He A. day in February his asked him if burglary be he that didnt of involved want like in to if 12 assist them they could 13 15 All Q. 18 19 telling what did he said no he him that borrow he they had they would vehicle his to use felony. stated of he would vehicle. Then However no. hot wire to tell you vehicle that thats to use. what he did to what he did. right. after he according them how to showed was say the The stated as he to have sex named wire hot next contact two with individuals days he was vehicle had with these And he wasn into later and then him approached asked him if he wanted little girl. 23 24 in individuals A. 22 you And approached friends of some vehicleand this he And 20 21 of sir 16 17 was involved be it. have in how he Yes A. to gain possession Did 14 that they told And then and they could the commission 10 11 83 in didnt They know day to. And problem. the wanted he -- he on he that. said no he didnt want to -- 57 Did if about tell you he what about anything they had where told him this little girl was was BY LAZ THE COURT THE WITNESS at MR. the he told in that them 16 Q. Is Ronnie Cruz A. 18 Q. 20 sitting are A. 23 24 the that of one did he he say point. little girl the named the what individuals. was after happened didnt want There left. the or to involved be further no conversation Can what you have man Rolando Cruz referred he is to as inmate here present in today Yes referring 21 22 of no that this courtroom 17 19 this time. that 14 15 stated He then They A. at at object Overruled. residence And 12 13 to going KNIGHT Q. 10 Im MR. sir he is. you point hes to wearing him so describe we know where who it hes is you to Hes light brown at the coat center brown rear counsel tie yellow table shirt in dark hair. MR. KNIGHT Your Honor may the record reflect thE 58 identification THE BY MR. of COURT the The record Cruz Rolando defendant show may identification. KNIGHT MR. you Thank 0. KNIGHT sir. Thats have all on direct your Honor. 10 THE COURT MR. JOHNSON MR. LAZ You cross examine. may No Judge sir. Ill defer to Wesolowski Mr. first. 11 THE COURT 12 All right. Mr. Wesolowski any questions 13 14 CROSS 15 by 16 Lt. Q. 17 had been to 18 you court EXAMINATION Mr. didnt 19 Did Q. know several Youre asking you know Wesolowski that times me if that in the defendants Juneprior knew or June to not Alex Hernandez had been 20 to court several times prior to the date of this conversation 22 Not A. specifically. dont keep track of 23 inmates go to court. 24 Exactly what day was this conversation when