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JON RODNEY BLACK
Appellant
v.
COMMONWEALTH OF VIRGINIA J
Appellee
APPENDIX
... I
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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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
COMMONWEALTH OF VIRGINIA
.. 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
COMMONWEALTH OF VIRGINIA
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
3859 CHAIN BRIDGE ROAD FAIRFA)C, VIRGINIA 22030
591·3136
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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--_. ________ . _____ --·- --
AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VEHOA TIM REPORTERS
3859 CHAIN BRIDGE ROAD FAIRF"AX. VIRGINIA 22030
591·3136
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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 ..
AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VEROATIM REPORTERS
3859 CHAIN BRIDGE ROAP FAIRFAX, VIRGINIA 22030
591·3136 7
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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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591·3136
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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?
·------·---···--·····--·-----------------------------_1 AUDREY J. RUDIGER REPORTING SERVICE
CERTIFIED VERBATIM REPORTEHS
3059 CHAIN 8RIOGE ROAD FAIRFAX. VIRGINIA 22030
591-3136
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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
,_..... __________ .. _____ •.. ---------------AUDREY J. RUDIGER REPORTING SERVICE
CERTIFIED VERHATIM REPOkTEHS
38!;9 CHAIN DHIDGE ROAD
t;AIRFAX. VIHGINIA 220.30
591·3136
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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?
6 A.
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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
AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPORTERS
3859 CHAIN BRIDGE ROAD FAIUFA)(, VIRGINIA 22030
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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:
19 Q.
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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
AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VERDATIM REPORTEnS
3959 CHAIN BRIOCI:: RC'AO FAIRFAX. VIRC",INIA 2:?030
591·::1136
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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
AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPORTERS
3859 CHAIN BRIDGE ROAD FAIRFAX. VIRGINIA 22030
591·3136
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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
•--'-----------··-···--- ·----------- ---------------AUDREY J. RUOIGER REPORTING SERVICE
CERTIFIED vr:nBATIM REPORTERS
3859 CHAIN DRIOGE ROAD
FAIRFAX. VIRGINIA 22030 /~
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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?
AUDREY J. RUDIGER REPORTING SERVICE CER riFlED VEREJATIM REPORTERS
3859 CHAIN BRIDGE ROAL'l
FAIRFAX. VIRGINIA 22030
591·3136
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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
. 6 . ··Hono:r; • , .
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
15
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
AUDREY J .. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPORTERS
3859 CHAIN BRIDGE llOAD j/ FAIRFAX. VIRGINIA 22030 ~
591·3136
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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?
AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPOR1ERS
3859 c .. AIN DRIDGE ROAD / FAIRFAX. VIRGINIA 22030 .?
591·3136
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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.
AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPORTERS
3859 CHAIN BRIDGE ROAD FAIRFAX. VIRGINIA 22030
591·3136
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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
~~------------------------------------------------------------------~ AUDREY J. RUDIGER REPORTING SERVICE
CERTIFIED VE~BATIM REPORTERS 3859 CHAIN BRIDGE ROAD FAIRFAX. VIRGINIA 22030
591-3136
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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
AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPORTERS
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
AUDREY J. RUDIGER REPORTING SERVICE CERTIFIED VERBATIM REPORTERS
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.
··.i .
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it from the gr~und~
AUDREY J. RUDIGER REPO~TING SERVICE CERTIFIED VERBATIM REPORTERS
3859 CHAIN BRIDGE ROAD FAIRFAX. VIRGINIA 22030
!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
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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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