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Officer Yuen Deposition Discussion

Discussion in 'Kyle Brennan' started by YouSeeNothing, Sep 17, 2012.

  1. YouSeeNothing Member

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  2. YouSeeNothing Member

    From the previous thread:

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  3. YouSeeNothing Member

  4. YouSeeNothing Member

    I don't see any evidence in the Yuen depo that he even spoke to another officer.
  5. YouSeeNothing Member

    Just making a note to look into the water jugs by the front door when the medics arrived. I thought they were blocking the bedroom door where Kyle was?
  6. anonymous612 Member

    I can't find any hard laws on it atm, but Florida law enforcement is specifically taught while training to always always always keep their notes. Always. Even after the case is closed and has gone through the court system.

    And everything about police notes is done with the understanding they'll be demanded in court. That's why you use a different notebook per case, and store them in places they won't get damaged or stolen.

    And actually, I take it back, I can find Florida law on it. Here's Florida's interpretation of the Best Evidence Rule (Cheadle v. Barwell 1933, tl;dr "don't fucking destroy your notes").
    "90.952 Requirement of originals.—Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph."

    And, since it's relevant, Florida's laws regarding evidence in general.
    http://www.leg.state.fl.us/statutes...ute&URL=0000-0099/0090/0090ContentsIndex.html

    So basically, if Yuen can't provide his notes, he fails dox or gtfo.

    EDIT:
    Not just the academy. If Yuen took the standard route, he has a full two year college degree telling him over and over again DO NOT FUCKING DESTROY YOUR NOTES.
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  7. Anonymous Member

    Well I replied in the other thread however it was Yuen's (the Primary) scene he could have delegated some actions to the secondary. In all seriousness the Sergeant should have stepped in and took over I'm sure Yuen would have been relieved. However I'm unsure as to his arrival time but I don't think there was much of a lapse.

    Maybe there were budget issues as to why they did not call the detective Bohling I read two of his interviews. In the interviews while he was computer illiterate his line of questioning was much more polished than Yuen's interview.

    I don't know if the wrath that Bohling has received is justified in this case he didn't get the case until 15hrs after the fact. He was also much more particular in keeping notes and even attempting to throw people off balance and catch them in a lie during interviews. Even the guys in his department thought he was an anal-retentive about his notes.
  8. YouSeeNothing Member

    I haven't gotten to Bohling's depo yet. I'm just trying to guesstimate a chain of evidence immediately after arrival on scene. I haven't looked yet, so I'm not even sure if the other officers on scene even had depositions. If not, why?

    Yuen, page 15, line 22: He never discussed the case with Bohling.
  9. Anonymous Member

    In the interviews of the Genteels or whatever there names are he brought inconsistencies during there depos as far as timelines. As well as there differing opinions of Tom, the husband said he did not really even know him. The wife said he was a very good friend whom they had over for Thanksgiving & Christmas.
    The real timeline issue was given up by the wife she stated that Tom had arrived at 11pm and left a few minutes later.
    The husband said when he received the call at around midnight he was on scene in 10 minutes.
    What did Tom do with all that extra time on his hands?
  10. Anonymous Member

    As far as officers I think you will only find Yuen & Bohling other than the forensic report. As Yuen was the Primary it was his baby all the way interviews, processing, investigating and writing any reports.

    Yet he would have had a secondary whom he could have delegated some duties to however he choose not to from reading his depo along with quite a few other documents.
  11. YouSeeNothing Member

    Exactly, someone had to sit with Brennan while Yuen was indisposed.
  12. Anonymous Member

    If you are speaking of the father he was allowed to kind of walk around wherever he wanted to Yuen never really took control of the scene.
  13. YouSeeNothing Member

    Well, overall, Yuen states that he never considered it a crime scene, it was a suicide, and crime scene SOP was not followed from the outset. He stated that the sergeant makes the call in regards to a running log--which wasn't kept. This, I believe, is the reason why this so fuxored. It wasn't that he made rookie mistakes during the investigation, it was that he assumed it was a suicide and wasn't concerned with evidence. Maybe someone can explain SOP for CWPD in cases of suicide?
  14. Anonymous Member

    Also if Yuen had been more experienced the type of wound Kyle had should not have just been deemed a suicide. The entry would showed the weapon had been held a little bit away from the head. This was evident by the amount of damage present in the right front temple with a smaller exit wound. At that point all bets are off I not going CSI or anything however it did not fit a common suicide.

    For clarity in a suicide the normal decedent would have held the weapon closely to the head before pulling the trigger. Just reading the forensic report along with the EMS findings show this was the case as the entry wound was devastating to his temple upon entry.
  15. Anonymous Member

    Well as it was Yuen's scene I believe it was his call not the sergeant if only to cover his own ass. Not an official log to upset the sergeant just damned good notes. Did you read the limited questioning he did with the father even that raises red-flags.
  16. YouSeeNothing Member

    Sergeant McCauley reviewed the file folder on Kyle's bed, Yuen did not. Yuen claimed that it was the sergeants choice as to whether or not a running log should be generated, he did not.
  17. YouSeeNothing Member

    Not to change the subject, but has anyone expanded on the note written on Kyle's abdomen--"LOOK INSIDE"? I take that to mean one thing, he knew he was going to die and wanted an autopsy done.
  18. Anonymous Member

    They took that as to look inside his pockets depending on whom was asked there were varied amounts of bullets found in his pocket. There may be something else maybe a piece of paper but not much else.
  19. YouSeeNothing Member

    If I want someone to look inside something I usually write it on the outside of the object in question, not inside.
  20. anonymous612 Member

    Give me a minute and I'll get back to you on that.
  21. Anonymous Member

    I was just stating my opinion of the officer's thoughts when they saw the writing.

    If you ask me he was Murdered there was more than ample time for his father to get to the residence as evident by his Chaplains' depo. Officer Yuen attempted to contact parties in the adjoining building he found one whom he had woken up almost across the hall, the man heard nothing. A 357 is an Extremely loud weapon unless you use a common household item to muffle the shot.
  22. YouSeeNothing Member

    I agree, but I won't say that...or did I just?

    Anyway, I was just speaking rhetorically and that wasn't aimed at you. Just trying to put myself in the mindset of the investigators. Sorry, I tend to used the forum as my personal journal sometimes as I tend to ramble and forget :)

    If it was muffled would the temple wound be so profound?
  23. Quentinanon Member

    Such as a soda pop can.
  24. Quentinanon Member

    Yes.
  25. Anonymous Member

    The father had the time to commit the act
    The father had a motive Kyle had called the FBI and the father found out from a local agent
    Previously during another incident the father had all of his business records removed and placed in his apartment which then had a fire started by a cigarette butt. He was being investigated by the IRS for tax fraud at that point. As there was no evidence to be audited he was fined $50-75 thousand dollars.
  26. anonymous612 Member

    For the record, Florida officers-in-training are taught to secure a crime scene EVEN FOR A SUICIDE. So I don't know what the fuck Yuen is talking about.
  27. Anonymous Member

    Soda pop can not so much there is also a wives tale of using a baby bottle nipple not really very good either. Now a 1 liter plastic soda bottle or a pillow ehhhh
  28. anonymous612 Member

    Not really. It'd be slightly quieter but not enough to matter. And a pillow? Not at all. Doesn't work like that.

    Can someone remind me what kind of gun Tom Brennan had?
  29. Paroxetine Samurai Moderator

    IIRC, there was a way to make a silencer by using a soda bottle and some materials. However, I don't know if it works or was called bullshit. Also don't remember if it affected the speed of the bullet or the effectiveness of the gun.

    Regardless: It would have left more evidence. It isn't a clean or effective way to silence a gun.
  30. Anonymous Member

    357 Taurus 5 round revolver.
  31. YouSeeNothing Member

    .38 special, a revolver. That's why the shell casing remained in the firearm.


    Edit: where did I see .38 special? Will go back and look.
  32. Anonymous Member

    [IMG]
  33. anonymous612 Member

    It's bullshit. With some guns the exploding noise of the bottle actually makes it louder.

    Even a silencer doesn't actually SILENCE a gun. It just quiets it.
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  34. Anonymous Member

    A 357 will shoot both 357 & 38 caliber rounds
    • Agree Agree x 2
  35. Anonymous Member

    From the PCSO crime scene investigation this was the type of weapon used.
    • Agree Agree x 1
  36. Paroxetine Samurai Moderator

    Wasn't sure. It was a long time ago I came across it on the net.

    Suppressors (which is what they are really) don't cut the sound of the bullet being fired inside the gun. Suppressors only take care of the flash/noise of the bullet and explosion from the barrel.

    That is why I had doubts about the bottle suppressor. The force coming out of the gun probably would make that bottle a mini-fragment grenade.
  37. Quentinanon Member

    Good point. It was a revolver, which one cannot effectively suppress.
  38. Anonymous Member

    Just to show a bottle than back to the real discussion stuff my apologies
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  39. YouSeeNothing Member

  40. Anonymous Member

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