JON RODNEY BLACK Appellant v

JON RODNEY BLACK

Appellant

v.

COMMONWEALTH OF VIRGINIA J

Appellee

APPENDIX

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IN THE SUPREME COURT OF VIRGINIA

AT RICHMOND

RECORD # 810530

JON RODNEY BLACK

Appellant

v.

COMMONWEALTH OF VIRGINIA

Appellee

APPENDIX

DAVID C. ROEHRENBECK 4085 Chain Bridge Road, #201 Fairfax, Virginia 22030

Counsel for Appellant

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I' N DE X

Indi€tment for Attempted Statutory Burglary

Assignments of Error

Judgment of the Final

............... Trial Court

Transcript pages

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for Petitioner:

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Page 17

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Page 26

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Page 28

Transcript pages for Respondent:

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V I R G I N I A :

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

March 17_,. 1980


.. vs.

JON RODNEY BLACK

) ) ) ) )

INDICTMENT FOR ATTEMPTED

STATUTORY BURGLARY

The Grand Jurors of the Commonwealth of Virginia, in and for

the body of the County of Fairfax, and now attending the said

Court at its March Term, 1980 charges that: On or about the

. 3rd day of January, 1980 in the County of Fairfax, Jon Rodney

Black did attempt to break and enter the dwelling house of

Patricia Masri, 8600 Chandler Street, Fairfax, Virginia; with

the intent to commit larceny.

va. Code §18.2-91 Va. Code §18.2-26 .

Witnesses subpoenaed. sworn and available to testify before the Grand Jury:

A True Bill----~-----No True Bill -

c?i4~Ji' {b,Jj~ - OREMAN

Inv. w. H. Porter, Fairfax County Police Dept.

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ASSTGNMENTS OF ERROR ...

I. There was no evidence pres~nted in the trial

court indicating an intent to commit larceny.

II. The evidence presented in the trial court was

insufficient to sustain a conviction of the Appellant.

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V l ~ G 1 N I A~

IN THE CIRCUIT COURT OF FAIRFAX COUNTY


VERSUS

JON RODNEY BLACK

) ) ) ) )

CRIMINAL NUMBER 31165 'l INDICTMENT - Attempted Statutory

Burglary

This 13th day of June, 1980, came the CoilliOOnwealth, by her Attorney,

and the Defendant, JON RODNEY BLACK, who stands convicted for a felony,

to-wit: Attempted Statutory Burglary, was brought into Court and put to the

Bar of the Cou~t in the custody of a Deputy Sheriff; also appeared Ian M.

Rodway, Counsel for the Defendant.

Thereupon, the Court Reporter was sworn.

And the Probation Officer of this Court to wham this case had been

preJiously referred for investigation appeared in open Court with a written

report, copies of which had previously been furnished to Counsel for the

Defendant, Attorney for the Commonwealth and the Court. Counsel for the

Defendant then advised the Court that he had discussed the report with the

Defendant and the Defendant was fully advised of the contents thereof.

Whereupo~, the accused and his Counsel were given the right to

cross-examine the Probation Of~icer as to any matter contained in said report

and to present any additional facts as they desired to present. The report of

the Probation Officer is filed herein and made a part of the record of this

case.

Thereupon, it was demanded of him, JON RODNEY BLACK, if anything he

knew or had to say why the Court should not proceed to pass sentence and

judgment upon him and nothing being of~ered or all e<_J(:>J i:-1 d':- 1 :: ~:' of j tJ(1:--:-;ent ,

it 15 ADJUDGED and ORDERED that the Defendant serve one (1} year in the

Penitentiary House of this Commonwealth; it appearing compatible with the

public interest so to do, the Court doth now suspend the serving of six (6)

months of the said sentence conditioned upon the Defendant's good behavior,

for a period of two (2) years. Said sentence shall run consectively with the

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sentence imposed by Judge B.F. Jennings in Cr. # 31166.

The Court then proceeded to advise the Defendant of his right to

appeal from the sentence heretofore\~sed, including the right to have an

attorney appointed for him am to have the attorney's fee, costs and expenses

in connection with an appeal paid for him in the event that he is financially

. ~able to pay the same.

The fee of the Court Reporter who recorded the evidence and incidents

of trial in this case is hereby assessed as costs, as provided in Sec.

19.2-165 of the 1950 Code of Virginia, as amended.

The Court certifies that the Defendant was present during all stages

of this trial.

Ian M. Rodway, Attorney at Law, who was heretofore appointed to

represent the Defendant in this case is hereby allowed a fee of $200.00.

The Defendant is hereby remanded to jail.

DOB: 11/10/55 JAIL CREDIT:

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Transcript of April 7·, "1-980: ,Pages 9, 10, 14, 17,

18-20, 23, 26, 27 and 28 •

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1 HQnor, please?

2 A. Laura Cook, 3533 Morningside Drive, Fairfax·,

3 ~irgif:lia.

4 Miss Cook, calling your attention to the third-

s·· of.January 1980, did you have an occasion to see the

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Defendant ·on that date? . . .

A..·: Yes, I did.

0. . ,, · .. Where was.that?

. A • . It was at my house, at that· address., at tl')e

· .. front .9oor .• l.·

~ What had caused you to go to the front door?

A. This man· had rung the front a·oorbell and I had

answered the door. He had been looking for a family that

had lived on our street.

~ Would you tell us what happened or what the

conversation was about?

A. He had asked me if I knew where the Royts lived,'

and I s~id that being away-- living.away at college~ I

was not familiar with the people on our street. I·asked·

him to step inside and I would go and get my mother and see

if she could help him.

~ What happened then?

A. My mother came ups_tairs and was looking ·through

AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPORTERS

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the directory, and she could not find their names. So -she I I

had explained to him that she was sorry but she couldn't i

help, but that she knew that they did not live behind us

or on either side of us.

~ And what happened then?

A Then he left.

~ Did you notice whether he was driving an

automobile or an~thing like that?

A. No, I do not know.

~ This person that you've identified, that cam~

to the door, is he in the courtroom today?

Yes.

Point him out for His Honor.

A. He's right there (indicating:)

MR. GALLAHUE: I have no other questions of

Miss Cook.

THE COURT: All right. Cross examine.

CROSS EXN4INATIQN

BY MR. RODWAY:

~ Miss Cook, how long have you lived at that

particular address?

A. It's been eight years now.

Apparently, you go to school and are gone for--_. ________ . _____ --·- --

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1 my daughter called me upstairs and said tnat there was a

2 young man who was at our door and wanted to know where the

8 Royts lived. I came upstairs and looked in our directory,.

4 neighborhood directory, but could not find the name.

5 I told him that there wasn't anyone who lived

6 :around us with that name, that possibly someone else up

·7 the street might know who they were, but I did not know

8 them, they did not live around us.

9 Do you know where the Masris live?

10 A. Yes. They live right below us.

11 o: What else did you tell him, if anything, with

12 regard to the Royts? ·

13 A. Well, I said, you know, I know that they

14 definitely don't live, as I was saying,. next door to us

15 or in back of us or across the street from us,· you know.

16 The houses that are close by us are separated by quite a

17 bit of woods and I just knew the people right around us.

18 I did tell him that it wouldn't be necessary for ,.

19 him to go to any of those homes.

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A.

Honor.

You did tell him that?

Yes, I did.

MR. GALLAHUE: I have no other questions, Your ..

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Honor, please?

A I'm Patricia Masri, 8600 Chandler Street.

THE COURT: I didn't get that. You're going to

have to speak up so that Mr. Rodway and the Defendant

can hear you also. You're Patricia Masri, and what is

your address? ...

THE WITNESS: 8600 Chandler Street, Fairfax.

THE COURT: All right.

BY MR. GALLAHUE:

Is that located in Fairfax County?

A. Yes.

Mrs. Masri, calling your attention to the third

day of January 1980, did you notice anything unusual around

your house that day?

A. Yes. I noticed a car that came down Chandler

Street and just turned around slowly and drove back out ·

.Chandler Street. I then again noticed that car, when I

left my house about a half an hour l~ter, driving up

Morningside, which is at the end of Chandler Street.

~ What kind of car was this?

A. It was a green Pinto, a dark green Pinto.

~ And after you had left the area of your house,

what happened then?

AUDREY J. RUDIGER REPORTING SERVICE

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1 .A. Well, I had to leave; I . saw that c.ar as I was

2 leaving. And then, when I returned, I -- I wasn't gone

3 very long, perhaps a half an hour or 4o minutes. When I

4 returned, that same g~een Pinto was parked in my d~iveway,

5 very close to the house itself.

6 I then pulled my car up, past that car,.in the

7 second ~riveway. The car was parked there, with no one in

8 it, and the motor was running. I could see no one in the

9 car or around the house. I pulled my car up past .that

10 ·car, and still couldn't see any signs of anyone.

11 I left my car and went to my neighbor's house,

_l2 Mrs. Cook, and asked her to please come with me, that I

13 thought someone was in my house. And so, as we began to

. 14 approach my house, we saw a person in front of the house

15 then, in the area of the front door.

16 THE COUR~: You saw the person where?

17 THE WITNESS: In the area of the front door of

18 our house •

19 THE COURT: All right. Go ahead, Mr. Gallahue.

~0 BY MR. GALLAHUE:

Now, Mrs. Masri, could you make a diagram for

~2 His Honor of what your house looks like on the lot,

2a especially in relationship to where Mrs. Cook's house is?

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1 A. (The witness complied with the request.)

2 Could you just step up here to the bench so

:J that His Honor can see this?

4 (The witness complied with the request.)

5 Now, where was this car that -you saw; would you

6 identify that, please?

7 l!. This is Chandler Street here (indicating), and

8 this {indicating) is Morningside, and this (indicating) is

9 my house. This (indicating) is a dead-end street, that

~ 10 goes like this (indicating.) Our driveway is here

11 (indicating.)

__ 12 This car, the car that we're talking about, was

13 parked right up here (indicating), as close to the house,

14 just about, as you can get. There's a secondary drivewpy,

15 kind of like this (indicating), that goes up past here

16 (indicating); it doesn't really go up to the front door.

17 I left my car right here (indicating) and we~t

18 over to Nrs. Cook's house.

19 Where was her house?

20 A. Right here (indicating.) And then, when we

~1 walked back, I would say I was about here (indicating)

~2 when I called to this person and asked what he wanted. He

said he was looking for a family called Royt, and I said

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1 no, that they weren't here. He walked toward me then

2 and said that some kids back in the woods had told him

3 that they lived In this house,· in my house.

4 Now, when you had driven up this other driveway,

5 did you see anyone around your house?

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No.

Were you able to see the front door from there?

Yes, I was.

Were you able to tell where this individual had

When I saw him there (indicating)?

Yes.

No.

And he had not been there when you drove up?

No.

Is that individual in the courtroom today?

Yes, he is.

Would you point him out to us, please?

Right there (indicating.)

THE COURT: Sitting there at the table?

THE WITNESS: Yes, sir.

BY MR .. GALLAHUE:

Prior to going out that day, did you check ~11


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1• Q. There's no pool out there though?

2 A. No, there's no pool out there, but there's an

a opening out there.

4 ~ Approximately how far above the ground is that

5 opening?

·6 A Oh, I'd say about -- I'm so bad at esti~ating,

7 but ce~tainly ten feet. I mean, you can't -- you would

8 have to have some means to get up there. It's not that

9 high, you know, but you would have t.o have some way to get

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up there.

• 11 ~ Was this door working correctly when you left?

.. .}2 A • Yes, it was. I especially know that it was

13 t because I made a point of putting the latches on·that door;

14 we have latches at the top anu at the bottom. I made sure

15 that it was secure.

16 MR. GALLAHUE: I have no other questions -- yes,

17 · I do have other questions.

18 BY MR. GALLAHUE:

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Prior to the third of January

THE COURT: You may have a seat, Mrs. Masri.

THE WITNESS: Thank you.

BY MR. GALLAHUE:

Prior to the third day of January 1980, had you

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1 His Honor?

2 A. Sidney Masri, and my address is 8600 Chandler

a Street, Fairfax, Virginia.

4 Mr·. Masri, calling your attention to the third

5 of January 1980, did you notice anything unusual about your

6 house when you came home?

7 A. . Yes. When I came horne, I saw a police officer

8 just leaving my street. We're the only people that live

9 on that street. I went in and my wife informed me that

10 there had been --

11 MR. RODWAY: Well, Your Honor, I object to·his

12 THE COURT: The objection is sustained. Don•t

13 • testify as to what she said to you.

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THE WITNESS: Yes, sir. After I talked to her,

I went downstairs to build a ~ire in the stove, and I went

outside to get some wood, outside the sliding, glass door

that•s right by the stove. I unlocked the sliding, glass

door and I couldn 1 t p~ll it back.

I unlocked it again, to make sure that it was

unlocked, and I found that I couldn't open the door. I

looked at it and noticed that it was off the track and was

jammed.

~ When would have been the last time that you had


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inspected that particular door?

A. It was about -- it was before I went to work, at

approximately .8 or 8: 30; I had stoked the fire and· I had.

prought a load of wood in and locked .the door.

~ What did you do after inspecting that door?

A. Well, I went around and checked the oth.er doors,

and I noticed that another door, from the outside, ·the

handle had been bent or squeezed.

~ Now, I show you this particular item. and ask if

you can identify it.

~ Yes. This is the knob on the other door that I

just mentioned, and when I went to try this handle, it was

spinning freely, both from the inside and the outside.

0. How can you identify that particular doorknob?

A. Well, this --

MR. RODWAY: Your Honor, we'll stipulate that

· that's the doorknob that was taken from his door.

THE COURT: All right.

MR. GALLAHUE: Then, Your Honor, I would move

the doorknob into evidence.

MR. RODWAY: I have no problem with that, Your

Honor.

THE COURT: Let the doorknob be marked and

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r~ceived, then, as Commonwealth's Exhibit Number 1.

(The doorknob referred to above was marked Commonwealth's Exhibit No. 1 for idehtification and was received in evidence·.)

BY MR. GALLAHUE:

~ Mr. Masri, let me show you a diagram that your

wife testified to and ask you if you can identify what is

depicted 'there.

A. Yes. That looks like a schematic plan of our

house, and the driveway leading up to it.

Q. Where on the house would this doorknob have

come from?

A. This doorknob WOlfld have come from the corridor,

the back of the corridor, on the opposite side of the

front door.

~ And what does that door lead to?

A It leads to a deck area with a round hole in it,

which is where a pool is supposed to go, but there is

nothing there now. The·· deck sits about four feet off of

the ground. There is no stairway to get there; you'd have

to either jump or get up there some other way.

Q. The door that you're talking about, where would

that be on this drawing?

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2 "l• The homeowne~, Mr. Masri.

Mr. Masri was there?

A. . ' .. ;

·.a. A.· Yes, sir. Now, he took the I.

4 him taki·ng the ·doorknob off.

I have no

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7-. MR. further qu~s~ions, ·Your

8 -Ho~or. · · He ca:n be

excused, Mr. Rodway?

.10. Yes, ;.,.

f 11 excused and you're fr~e

..12 to or you in the courtroom.

13.

14 MR. GALLAHUE: I

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16 LAURA COOK

17 . a witness, was called for examination by counsel on behalf

18 of t~~ Commonwealth, and, after having been p~eviously

19 duly sworn by the Clerk, was examined ~nd testified as

:!0 · follows:

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DIRECT EXAMINATION

BY MR. GALLAHUE:

Would you state your name and address for His

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1 Yes. I've been in college now for seven years.

On the day that this incident occurred,

3 appar·ently you did not know a family by the name of Royt.

4 ·.A. No, I did not.

THE COURT: What is the uante of the fantil:y'P

Mit. ReBWAY. Royt, R o i L (spelliftg) e~· R e .y t

,. (spelling), it sottnds like·.

THE ceeRT. All right.

BY MR. RODliAY:

~ Since that date, have you in fact learned that

there is a family in the neighborhood by the name.of Royt?

A Yes, tl1.ere is.

Where does the family by the name of Royt live,

in relation to your house and the house•that is behind you?

A I could not tell you that~

~ You just_don•t know?

A. No.

~ You don't know whether it~s four houses awaf or '>#',-

eight houses away or anything like that?

A. No.

~ When your mother sort of got into the conversa-

tion, what did she talk to the Defenda~t abo~t, do y~u

remember?, or did she talk to the Defendant?

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Not that much. She was looking in the directory

2 for the Royts, and she just stated that she couldn'~ find

3 :them, .she was sorry. It was an older directory •

4. . o.· Do you remember her telling him, Mr. ~lack'-

5 · although you didn't know him as Mr. Black, to mayb$ go next

6 ·door and ask somebody?

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.. A. No. She had specifically stated that the Royts -

she knew that the Royts d~d not 1·ive behind us or on either

side.

0 What time of the day was this?

A. This was in the evening, before dinner. It was

about.4 o'clock.

·o. Four?

A Yes, about that.

RODWAY: I don't have any further

Your Honor.

THE redirect?

MR. GALLAHUE:

THE COURT:

~1R.

May she be excused,

RODWAY: Yes, sir.

THE COURT: You may be excused.



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.. ... this time or you may remain in the

prefer.

THE witness, Mr.·.

Galiahue?

Yes, sir. Mrs. Cook,_

Your

MARIANNE COOK

"' a witness, was called for examination by counsel on behalf

I

of the Commonwealth, and, after having been previously

duly sworn by the Clerk, was examined and testified:as

follows:

DIRECT EXAMINATION '

BY MR. GALLAHUE:

~ Would rou state your name and address for His

Honor, please?

A. Marianne Cook, 3533 Morn~ngside Drive in Fairfax.

~ Mrs. Cook, calling your attention to the third of

January 1980, did you have occasion to see the Defendant on

that day?

A. Yes. He was in our house; he came to our door

when I was downstairs with my parents who live with us,. and

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THE COURT: All right. Cross examine.

CROSS EXAMINATION

BY MR. RODWAY:

~ Mrs. Cook, what area of Fairfax would that be in?

A. It's in the Pine Ridge development •.

~ Where is that located in the county?

A It's off Prosperity Avenue.

~ And you've lived at the address where you live

for about eight years?

A No, not --well, yes, around seven or eight

years; around that time.

0. Have you, subsequent to the third of January,

learned that there is a ·family by the name of Royt in that

ge_ne~al area?

A Yes, I understand that there is someone in the

general area by that name.

~ Do you know where they live?

A. No.

.. ~ You told the Defendant that maybe he ought to go

down the street and ask someone where the --

A. No. I told him that there was no one right

around us -- no one down on Chandler Street or in back of

us, or anyone around us, you know, by that name, that lived


3859 CHAIN BRIDGE ROAD

FAIRFAX. VIRGINIA 22030

591·3136

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.. . 1 close to us.

2 Did you present any alternative to him Qr tell

3 him ·where he might qo to t·ry and find the Roy_ts?

No,. other than it's · ·not around here.

5 MR. RODWAY: No further questions.

6 THE COURT: Redirect?

7 GALLAHUE: No, Your

8 May she then?

9 MR. Honor.

MR.

excused. Yo~ • re

-12 free to may remain whichever

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MR. GALLAHUE: I call Mrs. Masri next.

·Whereupon

•PATRICIA MASRI

a witness, was called for examination by counsel on behalf

of the Commonwealth, 'and, after having been previously

duly sworn by the Clerk, was examined and testified as

follows:

DIRECT EXAMINATION

BY MR. GALLAHUE:

, .

Would you state your name and address for His ·~------------------ --------------------------------~

. ~ AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPORTERS

3859 CHAIN BRIDGE ROAD "'I FAIRFAX. VIRGINIA 22030 ~

591·3136

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of the doors and windows in your house?

Yes, I did.

0. Was there anything unusual about any ·of them?.

• I

A. No, sir. '

Now, specifically calling your

May she be want

to

of·

Honor.

BY MR. GALLAHUE:

Q Directing your attention to this particular item

.here, can you identify this item?

Yes. This is the doorknob from our house •

•• THE COURT: Let's have the Defendant come on up

here.

(The Def~ndant and his counsel approached the:ben ~.)

BY MR. GALLAHUE:

What door is this doorknob· from? ,.

A. There is a door right here, Your Honor, and this

is the doorknob from that door.

diagram •

THE COURT: I don't quite understand this

THE WITNESS: .Well, the house is


38!;9 CHAIN BRIDGE ROAD FAIRFAX, VIRGINIA 22030

59t·3t36

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THE COURT: Is this (~ndicati~g) part of the

·house; is this (indicating) the shape of·the house?·

THE WITNESS: Yes 1 sir. This ('indic~ting)·· is

4 · ·:. the s.hape of the house. There•s "~;hi~ part here (iridi.cati·ng ,

and then a corridor that brings the two together. And then .

. 6 there's a lower level here (indicating)·, and this right .. 1 here (indicating) would be your upper level.

8 This (indicating) is a deck, and there is a

9 ·pool opening right here (indicating.) .:

10 BY MR. GALLAHUE:

11 Ana is this (indicating) a door that lead~ from

the deck into

13 t Yes, into this part right here (indicating .• )

14: Did you specifically check th«t particular door

15 prior to leaving your house that day?

16 A Yes, beca~se this is one of our main entrances.

17 0. Did you --

18 A. Also, this deck is above g~ound and there is no

19 way to get up to that deck. Someone would have to come

20 through this (indicating) opening somehow in order to get

:n to this (indicating) door. In other words, you can enter

22 · this deck area from the house itself but you cannot reac~

23.

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it from the gr~und~

AUDREY J. RUDIGER REPO~TING SERVICE CERTIFIED VERBATIM REPORTERS


!591·3136

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No, sir.

.. ··~.· :~ ·o. Did you ever give him permission to enter ~our· ..

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No •

Or to go onto your property at any time?'· . .

A No.

s· MR. SALLMIUB. I ha~e no other questions e£ this

. _t :1:" . · ..• .-. ,.~ tneas •

THE COUR'f. C:coss examin.e.· · ... ~

il CROSS EXAMINATION

_}2 BY MR. RODWAY:

18 . ' Mrs. Masri, 'this doorknob, is this (indicating)

14 part, the knob itself, on the exteriot of your house?

15 A. Yes, sir.

16 How was the Defendant dressed on the

17. you saw third

18 A. he had on sweater;

19 that's

20 Q • That's item of clothing that

21 you

Yes, that's all I noticed •

23 MR. RODWAY: I don't have any further

r

'

~~--------------------------------------------------------------------~ AUDREY J. RUDIGER REPORTING SERVICE

CERTIFIED VERBATIM REPORTERS 38!59 CHAIN BRIDGE ROAO FAIRFAX. VIRGINIA 22030

591-3136

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THE COURT: Any further r.edirect?

MR. GALLAHUE: l~o, sir .

You may step down·. subject

to recall?

MR. I'd like her

'subject to recall.

THE COURT: you may go back to the

·: · :w~_tness room, testimony with:.al)yone

. else there. ' ·\

Yes, sir.

(Witness

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13 MR. GALLAHUE: Your Honor, I Mr. Masr~. • .

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time.

Whereupon

SIDNEY MASRI

.a witness, was called for examination by counsel on behalf

of the Commonwealth, and, after havi~g been previously , . . -

duly sworn by the Clerk, was examined and testified as

follows: DIRECT EXAMINATION

BY MR. GMLAHUE:

Would you please state your name and address for

AUDREY J. RUDIGER REPO~TING SERVICE CERTIFIED VERBATIM REPORTERS

38!59 CHAIN BRIDGE ROAD FAIRFAX, VIRGINIA 22030

IUU·3135

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It's about -- do you want. me to point ·to it;:·. or

Well, if you would, please put an X

Do you want me to mark on it? .· . ..

Yes, sir. Put an X where it would be,. using .-·:

~ The sliding, glass door wQuld be on the w~nq·

farthest from the driveway,.approximatel~ in this (~~dicati g)

location, j_n red, and that's ground-level.

Now, Mr. Masri, ·do you know· the Defen~a~t?:

A. No.

0. Did you ever giv:e.him permiss.ion to enter your

hous~?

A. No.

~ Did you ever give him permission-to go on.your

property?

A. No.

I have no·other ., !:our

J!) Honor.

:!0 THE

21

22

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MR. Your Honor.

No questions?

MR. RODW~Y: No, sir.

AUDREY .J. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPORTERS

3858 CHAIN BRIDGE ROAD

£'{):~·-;·,; .,, .•. :·, \~:~l: -:.-~ .. ·. ' FAIRFAX, VIRGINIA 22030

51U·3136

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Documents

JON RODNEY BLACK Appellant v