People v. Precott - Transcript Notes

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Transcript 5A:

Court:

- the issue of priors: bifurcated (page 4)


- The court asked the jury to leave while the witnesses were still in the court room and
advised the rules of the court that they are not to interact with each other at all.

Issues:

- From a six-defendant case to a one defendant case (page 303)


o Complexity of the conspiracy (page 305)
- Mr. Traynor busy with another trial, effectively delaying the trial of Mr. Prescott
- Mr. Prescott “reluctantly” waived his right to a speedy trial (page 307)
- Jonetta Reeves, an unreliable witness due to her drug habit she is having trouble
remembering (1856). She is also not truthful in her assertions (saying she didn’t know
Prescott, but she knew his nickname and she also lied about the amount of the time she
had been living in the Corbin Projects)
- Witness intimidation by Hannah Moore Brother (1859)

Prescott charges:

1. guilty of murder in first degree (willfully and premediated and deliberated) (page 1834)

2. proved beyond reasonable doubt that the defendant was in passion of firearm previously and
had already been convicted of a felony (page 1834)

Unknown words:

- Vertical prosecution
- The court to admonish (1856)

Codes:

- Penal Code 1050


o Denied based on the facts and totality of the circumstances in the case (page
304)

Facts that we are dealing with:

- Hannah Moore was shot on September 25, 2021


- September 24th: late hours D was Jonetta Reeves

Witness: Jonetta Reeves

- She lived in Corbin Villages for 10 plus yeas (page 1841, 1840)
- She drove a white regal aka a Buick enclave (page 1843) on the night of the shooting
(1844)
- She and Nesh (best friend) got together the night before the shooting (page 1845)
- Jonetta and Nesh were going to go to a party that evening (1845) but decided not to go
(1846)
- Jonetta was smoking weed that night (1846)
- After the plan fell to attend the party fell through her and nesh went to Desoto Park
Hotel (1846)
- Mr. Prescott was in this car (1847) with Jonetta making their way to the Hotel (1847).
She states that she did not know Mr. Prescott prior to that night (1848)
- She states she is scared to testify (1851-1852)
- The party that nigh was for Ducey (Louey)’s birthday (1870)
- Nesha, Wuan and Mr. Prescott were out of the car while witness was in the car rolling a
blunt (1870)
- She got out of the car because she heard gunshots (1870) and everyone was running
(1871)

Transcript 5B:

Court:

Issues:

- Jonetta Reeves being unreliable

Unknown words:

Codes:

Facts that we are dealing with:

- Hannah Moore was shot on September 25, 2021


- September 24th: late hours D was Jonetta Reeves

Witness: Jonetta Reeves

Direct

- There were more than 10 people present at the Haciendas (1873)


- An argument happened between two cars up from Mr. Reeves car (1873) between the
defendant and female (1873)
- The female was also in an argument with Louey but like a play argument (1874)
- She states that Prescott was present at the time the female was arguing with Louey
(1874)
- She states that recalls that portion of the night but then she says, “I don’t remember”
(1877)
- She gets out of her car and sees the girl on the floor, and she has been shot. She states
that she did not know how hot her, but the record reflects that Ms. Reeves was pointing
with the index finger towards the defendant (1878). She states that she told the officer
that Mr. Prescott did it, but she did not actually see it happen (1879)
- She states that she heard the defendant shoot 2 times (1880)
- 5 hours after the shooting takes places, Mrs. Reeves met with the detectives (1886)
- Someone names SD called the police per the detective transcript (1892)
- She states that the defendant did not have a gun with him at the time they were in the
car, nor did she see one after he exited the car. The lady that was shot did not have one
in her possession either. (1893)
- Its possible that the defendant and Moore were arguing over alcohol or the hood.
(1897). Over the hood = “two hoods beefing” (1989)
- Hacie = short for Oxnard, the local gang (1899)

Cross:
- Most of her testimony is based on what other people have told her (1904)
- Defense: there was no gun while he was in the car with her, he did not speak about
Hannah Melissa in a negative fashion and did not threaten her (1904)
- She is afraid to testify because her hair is gone because of the people from the
Haciendas. (1905)

Redirect

- Lady in blue: having a good time with the rest of the people in the projects (1906-1907)
- Argument with louey: she was smiling (1907)
- Argument between lady in blue and louey: another female in his car on his birthday
(1907). This argument happened in the back of her car (1908)
- Winnetka Lane: blood gang (1910)
- Defendant said “Bitch (1911)

Recross-examination

- There would be no reason for a blood to kill another blood absent of them pulling a gun
(1913)

Further Recross examination


- She was not in the position of seeing if a gun had been pulled on Mr. Prescott (1913-
1914)
Witness: Officers Josph Lane

Direct:

- Occupation: police officer for the city and county of Los Angeles and current assignment
is narcotics (1914-1915). He has been in this assignment for 3 months (1915)
- He was the scene of the shooting because he received a radio call of ambulance
shooting (1915) at around 12:15 am (1916) and it took him approx. 2 minutes to arrive
to that location. (1916)
- At the scene: 5 people, 2 were rendering aid. Black male and female. (1917) . They were
civilians.
- At the time he arrived at the scene, Hannah was already deceased (1917)
- The wounds on the victim’s head were bullet wounds (1919)
- Gray Honda had a live round in that vehicle which could be seen from plain view (1925).
It was seen on the driver’s side of the vehicle. (1925)
- The female in blue tried to get to car even after the car was deemed t o be evidence
(1926). She attempted to go inside aprox. 3 times (1926) as she said he cellphone was
inside of her car. (1927)
- Teo spent casings were observed (1930) in the immediate vicinity of the vehicle, on the
roadway (1931).
- Live round: placard #3 (1935)
- He said he is not surprised that the 5 people at the scene were not cooperating with the
cops as they were fearful of retaliation of gang violence if they came with any
information (1937)

Cross-examination

- Kelly Cobler (lady in blue) refused to answer questions regarding what happened that
day. (1938)
- Ms. Cobler wanted desperately to get into the backpack that was in the gray Honda
(1939)
- It is possible that Ms. Cobler was in the that car right after Melissa was shot (1939-1940)

Transcript 3:

Witness: Carole Diamond

Potential issues:
- “you guys were just cool homies?” (2106)- Question asked by DA- inappropriate.
- Being that you grew up from the area of the brins, do you know the area of the
haciendas?” (2115)- Question asked by the DA- stereotyping.

Direct:

- Knew Hannah through mutual friends in the year 2021. (2106). They had known each
other for a couple of months (2183)
- On the night of September 24th, 2021, Hannah picked him up form Vanowen Park in a
vehicle whose owner is unknown. (2106-2107)
- She was with her cousin (2107)
- Upon entering the vehicle, he was sitting in the back seat (2107)
- They went to different places (2107). The first went to the liquor store and to a party
bus, then they went to a hotel, however all of the plans failed (2108-2110).
- While at the first couple of locations, Mr. Diamond was in the back seat, and then after
leaving the hotel to the Hacies, Mr. Diamond was driving. (2110)
- Hannah was in the back seat after getting the bottles form the liquor store. (2110)
- Hannah’s cousin was sitting in the back seat. (2110)
- Hannah was drinking Remmy Martin prior to arriving at the party (2112). Hannah drank
half a bottle of Remmy Martin prior to her arriving at the liquor store (2112).
- Hannah and her cousin were drunk before arriving to pick up Mr. Carol (2113). It is
unknown if she was drunk at the point of pick up (2113).
- Mr. Dimond, Hannah and her cousin went to two other bottles of Remmy Martin which
they shared between the three of them (2114)
- The name of the friend whose birthday party they were going was mike (2116)
- The atmosphere of the party was relaxed (2117)
- Hannah was not interested in the party’s atmosphere, her and her group agreed to leave
as soon as they arrived (2118)
- Hannah’s cousin was talking loud and starting problems (2120) amongst her and Hannah
(2121). They eventually got into an argument with each other (2125)
- Mr. Dimond was trying to get Kelly in the car (2125) so that the three of them can leave
(2125)
- There is a third unknown person they Kelley got into an argument with (2129). Kelley
was still arguing with this unknown person when Hannah and Mr. Dimond placed her in
the car (2130).
- Kelley gets out of the car and continues to have the argument with the unknown “dude”.
(2132)
- Hannah also gets into an argument with the unknown dude (2132)
- After the unknown dude got into the argument with Hannah, shots were fired (2133).
- Mr. Dimond was on the passenger side while the shots were firing, trying to get Kelly
inside the car (2133).
- After the shots were fired, Hannah attempted to passenger side with Kelley and Mr.
Dimond. (2140) but she fell (2141)
- Hannah got shot in her neck (2142)
- Mr. Dimond in an attempt to help Hannah, wrapped a shirt around her neck (2142).
- Kelley pushes another male (2164).
- Kelley walked up to the male in the yellow sweater and got up in his face. The male
pusher her to get away from Kelley (2164).
- Hannah had a gun and it was in her purse (2175). Hannah had the gun in her presence
since Mr. Carol got picked up from the Vanowen park (2181).

Cross-examination:

- Mr. Carol tried to de-escalate the dictation between Kelley, Hannah and Mr. Prescott
(2196) by putting Kelly in the car. (2196)

Witness: Kelley Cobbler

- It was Ducei’s birthday, she was present there because she knew him (2205)
- She was having a pleasant conversation with Ducei but not with his brother (2207)
- Ms. Cobbler was having a verbal argument with Ducei’s brother (2209)
- She did not want to leave the party because she felt like she had done anything
wrong even when Hannah as telling her to leave. (2209)
- Mr. Prescott told Ms. Cobbler to get out the neighborhood more than 2 times (2212)
- Ms. Cobbler heard the racking noise of a gun that was held by Mr. Prescott. (2218)

Transcript #4:

Issues:

 Issues with DA: - UNCOOPERATIVE (2485)


 Black and Latino community (2708)

Witness: Kelley Cobbler

- Mr. Prescott asked Ms. Cobbler and her group to leave the party (2407)
- Ms. Cobbler is arguing with Mr. Prescott because she was defending her right to stay
at the party (2408) as she kept assuring Mr. Prescott that there was nothing going on
(2408)
- Mr. Prescott raised his hands towards Ms. Moore’s face.
- The purse in the car was Ms. Cobbler’s and she was looking for her phone to call her
family.
- Ms. Cobbler’s ability to answer the questions of the officers at the scene of the crime
it was due to being distressed, upset and wanting to help her cousin (2416)
- Ms. Cobbler testifies that Ms. Moore did not have a gun (2420)
- Before the shots were fired, she witnessed Mr. Prescott carrying a gun (2421)
- Ms. Moore and Louey were trying to de-escalate the situation between Ms. Moore
and Louey’s brother.
- Ms. Cobbler testifies that she has seen Mr. Prescott with a gun twice (2439)

Witness: Jacqueline Leno

- Officer for LAPD (2445)


- Officer Leno found inside the Honda that they had impounded from the crime scene
a life 9 mm ammunition on the drivers of the vehicle (2445-3446).
- A backpack, a purse and a can of pepper spray were also found in the vehicle (2447)
- No phone or firearm were found inside of either the purse or the backpack.

Witness: Simon Gold

- Medical examiner (2455)


- Mr. Gold, came up with the same conclusion for the autopsy report as the Dr. who
performed it, Dr. Juan Carrillo ( 2457)
- Ms. Moore had a gunshot wound in the middle of the neck (3459)
- The weapon was close to the skin about 20-24 inches from the target. (2460)
- The neck injury sustained was a fatal wound (2462)
- Left thigh was hit by the bullet, it was a non-fatal wound (2646)
- The gunshot wound was the reason why Ms. Moore died.
- Minimal amount of alcohol detected in Ms. Moore’s system (2467)
- Ms. Moore did not die immediately from the bullet wound but she could have lived
on for 5-15 minutes after the injury was inflicted (2470)
Witness: Frank Dreben

- Detective with LAPD (2473)


- The white Buick enclave was one of the vehicles of interest in the homicide because
the individual responsible for that shooting has exited that vehicle and subsequently
that vehicle had been moved to different location s within the projects ( 2482)
- Mr. Prescott exits the Buick enclave driven by Ms. Reeves and with what is believed
to be a handgun (2489)
- Ms. Moore, Ms. Cobbler and Mr. Diamond are going back to their car with their
backs to Mr. Prescott ( 2496) and Mr. Prescott clutched his gun (2497).
- There had to a considerable amount of force used and to extended the gun in order
for it to be racked (2500). The gun does not slide down on its own.
- Jonetta Reeves identified the shooter (2502)
- A phone number was obtained and that phone number belonged to Peter Prescott.
(2504) However, the number associated with the device was changed the day after
the murder.
- Mr. Prescott was arrested on October 14th, 2021 (2505)
- Mr. Prescott either pushes or slaps a female in the white sweater around her waist
(2521)
- A group of males appear to separate Ms. Moore and Mr. Prescott before he shoots
Ms. Moore. (2522)
- Mr. Prescott pushes the male individuals that attempted to intervene. (2423) there
were 4 separate occurrences of people trying to intervene in the situation (2525)
- The testimony provided by Mr. Diamond was inconsistent during the interview with
Officer Dreben. The interview was conducted on October 8, 2021.
- Ms. Cobbler and Ms. Reerves were the ones to identify Mr. Prescott as the shooter of
Ms. Moore (2706)
- It is common in the community that the parties to the case belong to be hesitant to
communicate with law enforcement. (2708)
- People often carry guns in the project area (2718)
- There were attempts made by Ms. Cobbler to enter the car that Ms. Moore had
arrived in at the party (2728).
- There was no gun located on Ms. Moore’s body according to the coroner’s
investigation at the crime scene. (2732)
- Mr. Diamond states that he had not seen Ms. Moore with a gun and not whether or
not she had a gun ( 2757)

PRIORS FOR Mr. PRESCOTT:


THERE'S A CONVICTION OF A 29800 ON JULY 1, 2001, IN CASE NUMBER TA153760 THAT TOOK
PLACE AT THE CRIME SCENE, HACIENDAS VILLAGE PROJECTS; ON MARCH 20TH, 2018, ONCE
AGAIN, VIOLATION OF PENAL CODE SECTION 29800 IN CASE TA145519 AT THE HACIENDAS
VILLAGE PROJECTS; ON AUGUST 29TH, 2013, IN BA401012 MR. PRESCOTT SUFFERED A
CONVICTION OF PENAL CODE SECTION 211, ROBBERY; ON THE SAME DAY IN A DIFFERENT CASE,
TA123102, MR. PRESCOTT ADMITTED TO ANOTHER VIOLATION OF PENAL CODE SECTION 211, A
ROBBERY PLE WOULD BE ELECTING TO IMPEACH HIM AS TOALL FOUR OF THOSE FELONY
CONVICTIONS IF HE WERE TO TESTIFY (2762)

Witness: Peter Prescott

- Mr. Prescott is an Oxnard Gang and he grew up in the Haciendas area (2767-2768)
- There are no natural rivalries between Winnetka blood lanes and Oxnard Bloods.
(2768)
- Mr. Prescott did not have any animosity with Ms. Moote (2769)
- Mr. Prescott did not know Ms. Moore personally but he knew of her. (2769)
- Mr. Prescott asserts that he did not have a gun with him in his fanny pack. (2771) but
he did have a gun with him on September 25th, 2021. (2772)
- Mr. Prescott always carries a gun with him for protection and it is a crime for Mr.
Prescott to carry a weapon. Mr. Prescott has rivals and he wants to protect himself in
case anything happens (2772-2773)
- Mr. Prescott was the Oxnard Village location because he frequents that location daily
(2775-2776)
- Mr. Prescott was observing the verbal argument between two people because he is
the protector of his community (2780)
- Mr. Prescott approaches Mr., Diamond to get a understanding of what the situation
is between Ms. Cobbler, Ms. Moore and Mr. Diamond (2783)
- Mr. Prescott intended to leave the situation alone, but Ms. Cobbler started talking
with Mr. Prescott. And said “She’s not going nowhere, you bitch ass nigga” (2784)
- Mr. Prescott was trying to distance himself from Ms. Cobbler as she was trying to get
up in his face (2785) to which Mr. Prescott pushed her to distance himself.
- Mr. Prescott was walking behind Ms. Moore’s group to ensure that Ms. Cobbler
would get in the car. (2788)
- Ms. Cobbler was arguing with Ms. Moore and Mr. Diamond that she didn’t want to
leave as she wanted to stay. (2788). During this time, Ms. Cobbler was telling Mr.
Prescott “What? You bitch as nigga” and tantalizing him (2789)
- Mr. Prescott observed Ms. Moore with a handgun on the night of the incident (2792)
- A woman named Hollywood, who is just a friend to Mr. Prescott, approached Mr.
Prescott and inquired what the situation is (2796)
- Mr. Prescott tells Hollywood to move so he can make sure that Ms. Moore’s group
got into the car and left (2796)
- Mr. Prescott was high off weed that night (2797)
- Mr. Prescott had his gun the front pocket of his hoodie (2798)
- Hollywood came going to Mr. Prescott and asked what was going on and he pushed
her to get out of his face (2801)
- There was no interaction with Ms. Moore (2800) until Ms. Moore states “"MAN
WHO IS YOU?" LIKE, "YOU AIN'T NOBODY EITHER." "LIKE, YOU SAYING I AIN'T
NOBODY. YOU AIN'T NOBODY.” (2802)
- Ms. Moore has a gun to her body (2802) on her right side in her right hand. The was
a semiautomatic black pistol (2803)
- Mr. Prescott put his hand on her face telling her to shut up (2804) and Ms. Moore
told him to better back up (2804)
- Mr. Prescott testifies that he had no intent to make any contact with Ms. Moore until
she cocked her gun back and then he retrieved his own gun and fired his gun. (2807)
- Mr. Prescott both heard and saw the gun being racked up (2808)
- At this moment, Mr. Prescott was worried that Ms. Moore was going to use the gun
with Mr. Prescott as his target (2808-2809)
- Mr. Prescott was convinced that Ms. Moore was going to use the gun (2809)
- Mr. Prescott did not run away because it was life or death. (2809)
- After Mr. Prescott fired his gun twice, Ms. Moore pointed her gun at him. Mr.
Prescott continued to fire his gun a third time (2812)
- Mr. Prescott had no intention of shooting prior to Ms. Moore pulling out her gun
(2812)
- Mr. Prescott felt his life was in danger if he had not shot Ms. Moore first (2816)
- Ms. Reeves Drove Mr. Prescott from the Hotel Park to the projects (2822)

Transcript 5:

Verdict: (3906-3907)

WE, THE JURY IN THE ABOVE-ENTITLED ACTION, FIND THE DEFENDANT, PETER PRESCOTT,
GUILTY OF THE CRIME OF SECOND DEGREE MURDER, WHO DID UNLAWFULLY, WITH MALICE
AFORETHOUGHT MURDER HANNA MELISSA, A HUMAN BEING, IN VIOLATION OF PENAL CODE
SECTION 187(A}, A FELONY AS CHARGED IN COUNT 1 OF THE INFORMATION. WE FURTHER FIND
THE ALLEGATION THAT IN THE COMMISSION AND ATTEMPTED COMMISSION OF ABOVE-
OFFENSE, THE SAID DEFENDANT, PETER PRESCOTT, PERSONALLY USED A FIREARM, TO WIT: A
HANDGUN, WITHIN THE MEANING OF PENAL CODE SECTION 12022.5(A} TO BE TRUE. DATED
THIS 22ND DAY OF MARCH, 2023, JUROR NUMBER 12, FOREPERSON. WE, THE JURY IN THE
ABOVE-ENTITLED ACTION, FIND THE DEFENDANT, PETER PRESCOTT, GUILTY OF THE CRIME OF
POSSESSION OF A FIREARM BY A FELON WHO DID UNLAWFULLY OWN, POSSESS, PURCHASE,
RECEIVE, AND HAVE CUSTODY AND CONTROL OF A FIREARM, TO WIT: HANDGUN, IN VIOLATION
OF PENAL CODE SECTION 29800(A} (1) A FELONY AS CHARGED IN COUNT 2 OF THE I NFORMATI
ON . DATED THE 21ST DAY OF MARCH, 2023 . JUROR NUMBER 12, FOREP ERSON

MAY 22, 2023: Prior Offenses sentencing

Proceedings Overview:

 The hearing covers probation, sentencing, and priors trial for Peter Prescott (Page 2-3).

Exhibits and Evidence:

 A 13-page certified 969(b) packet, marked as People's Exhibit #61, detailing Mr.
Prescott’s prior convictions, including two priors pursuant to 1170.12 for Penal Code
(P.C.) 211 (robbery) and a photograph of Mr. Prescott (Page, 4502).

Prior Convictions:

 Prescott's prior convictions include:


o Two counts of robbery from August 29, 2013, with an 11-year sentence (4502;
4503).
o Conviction for second-degree burglary on October 27, 2014, with an 8-month
sentence ( 4503).
o Conviction for possession of a firearm by a felon on March 20, 2018, with a
sentence of 2 years, 8 months (4503; 4504).

Arguments and Rulings:

 The defense argued that Prescott's prior violent felonies were not physically violent and
requested the court to strike the strikes and impose a sentence of 15 years to life,
considering rehabilitation (4505, 4507).
 The prosecutor argued that Prescott is a recidivist, highlighting the seriousness of his
crimes and the need for a stricter sentence (4513).
 The court ruled to deny the motion to strike the priors, emphasizing the need for
accountability and sentencing Prescott to 40 years to life based on his criminal record and
the current offense (4516; 4517, 4523).

Sentencing Details:

 Convicted of second-degree murder (P.C. 187(a)), sentenced to 30 years to life (doubled


due to three strikes law) (4523).
 Additional 10 years for personal use of a firearm (P.C. 12022.5(a)) (4523).
 3 years for possession of a firearm by a felon (P.C. 29800(a)(1)), to be served
concurrently (4523).
 Fines and fees, including restitution (P.C. 1202.4(b), 1202.45, and others) (4524).

Victim Impact:

 A statement from the victim's mother emphasized the loss and the impact on the victim's
child (4517; 4518).

Legal References:

 Penal Code 211: Robbery


 Penal Code 1170.12: Sentencing for repeat offenders
 Penal Code 187(a): Murder
 Penal Code 12022.5(a): Use of a firearm
 Penal Code 29800(a)(1): Possession of a firearm by a felon
 Penal Code 1202.4(b): Restitution fine
 Penal Code 1202.45: Additional restitution fine
 Penal Code 2933.1(c): Conduct credit limits
 People v. Ramos: Case law on violent felony sentencing
 Penal Code 667.5: Enhancements for prior felony convictions

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