Shoplifting: Judge´s Questions

JUDGE (1): Raise your hand to be sworn. You do solemnly swear that the testimony you are about to give in the cause now pending before this court will be the truth, the whole truth and nothing but the truth, so help you God?

JUDGE (2): State your name for the record.

JUDGE (3): Thank you. Please be seated. Mr. Agua, what´s your occupation?

JUDGE (4): How long have you been so employed?

JUDGE (5): Directing your attention to September 22 of last year, approximately at 12:20 p.m. were you working at that time?

JUDGE (6): And in what Sellers Mart store were you employed by?

JUDGE (7): Is that in the county of Monterey, State of California?

JUDGE (8): Now, while you were working at approximately 12.20, did you observe anything unusual occur?

JUDGE (9): And can you describe the first thing you observed?

JUDGE (10): And where were the power tools located?

JUDGE (11): And what was your relative location in respect to the subject you have described?

JUDGE (12): How far away was the individual you have described from you?

JUDGE (13): Did your observe this individual over any period of time?

JUDGE (14): Where did you station yourself?

JUDGE (15): Approximately how far away from him?

JUDGE (16):  Can you describe what you observed the individual do? - Let me rephrase the question - After you observed the individual place one box on top of... was it on top of another box?

JUDGE (17): What is the next thing that you observed?

JUDGE (18): And how did he remove the box?

JUDGE (19): After he picked it up, where was it located in relation to his body?

JUDGE (20): Was it just one box?

JUDGE (21): And did you continue to observe the individual at that time?

JUDGE (22): After he picked up the box, what did you observed?

JUDGE (23): After going to the screwdriver area, were you still able to observe him?

JUDGE (24): And what did he do at that point?

JUDGE (25): Which box?

JUDGE (26): What happened next?

JUDGE (27): And after that?

JUDGE (28): And could you tell the jury what type of a box that was?

JUDGE (29): Now, I don´t want you to guess at the answer, Are you sure it was a box of hammers?

JUDGE (30): And what happened after he picked up this box?

JUDGE (31): And after that what happened?

JUDGE (32): What did he do then?

JUDGE (33): After looking around, what happened next?

JUDGE (34): And where were the two boxes at this point in time?

JUDGE (35): What happened after he got into the sporting goods department?

JUDGE (36): Are there any cash registers on the stairway?

JUDGE (37): Did you see the individual stop at any check stand in the basement area?

JUDGE (38): Did he go through the exit door?

JUDGE (39): And where were you when he went through the door?

JUDGE (40): After he went through the door, did you continue -- were you able to observe him after he went through the door?

JUDGE (41): And what was his location at this time?

JUDGE (42): Can you describe the vehicle other that it was green?

JUDGE (43): Where was the station wagon located in relation to the exit door used?

JUDGE (44): Approximately, how far from the exit door was the station wagon located?

JUDGE (45): Now, was there anyone in the station wagon?

JUDGE (46): Mr. Agua, do you wear prescription glasses or contact lenses?

JUDGE (47): Do you wear contact lenses?

JUDGE (48): Are you wearing them now?

JUDGE (49): And were you wearing them on the date of September 22, the date of this alleged incident?

JUDGE (50): Had you ever seen the subject before September 22 of last year?

JUDGE (51): Do you recall any particular designation or writing on the box, the first box which you observed the subject picked up?

JUDGE (52): Did you ever observe this particular box opened at any time during the incident?

JUDGE (53): So, you have no idea, actually, anything was in the box or not, is that correct?

JUDGE (54): But you can´t tell if anything was present?

JUDGE (55): Did you see the subject enter the store?

JUDGE (56): Yo do not know whether or not the subject carried anything into the store, is that correct?

JUDGE (57): No, means, is not correct or no, you don´t know?

JUDGE (58): And the only distinguishing feature on the box was some red writing?

JUDGE (59): And you have no recollection of any price or anything else on this box, is that correct?

JUDGE (60): Do you recall what type of shoes the subject was wearing?

JUDGE (61): Was he wearing any shoes?

JUDGE (62): Can you describe for me what you recall being the subject size?

JUDGE (63): Do you recall the length and color of the subject´s hair?

JUDGE (64): Did you give any description of the subject to the police?

JUDGE (65): Was that on the same date as the incident occurred?

JUDGE (66): Do you recall whether or not the subject had any distinguishing features such as scars or any other disfigurement?

JUDGE (67): Or a tattoo?

JUDGE (68): Do you recall whether or not there was any facial hair on the subject?

JUDGE (69): Do you recall whether or not the subject was wearing glasses?

JUDGE (70): How many other people were around the subject at the time you first observed him near the tool section.

JUDGE (71): Were there other people besides employees of Sellers Mart who were in the hardware department?

JUDGE (72): Thank you, Mr. Aguas. I have no further questions.