Reduce sentence for Cory Gilmore

Introducing Cory Gilmore and the case

2008-11-01T13:29:00.000-07:00

Cory Gilmore #254400
Green Bay Correctional Institution;
P.O. Box 19033
Green Bay, Wi 54307

HELP
My nephew and I are in prison sentenced to 54 years for an armed robbery that we did not commit. Your support is needed.
My name is Gory Gilmore. I am 29 years old (7/27/77). When I was 18, I was sentenced to 54 years in prison for two armed robberies, aggravated battery, and substantial battery. I accept responsibility for the crimes I committed. I was sentenced to 16 years for one of the armed robberies and the substantial battery. I am, however, sentenced to 35 years for an armed robbery that I did not commit.

I have been in prison for 11 1/2 years. Since being in this prison, my mother died and not being there with her during her last days is hard for me to deal with. Now, my oldest brother has died. I have a 12 year old son who I haven't seen in 10 year. I've missed out on so much of his life and I want to be there during these crucial teen years. I NEED to be there because I love my son and I don't want him making the same mistakes that I've made.

My nephew is 34. His name is Jonathan Gils and he has a daughter who's 16 years old. We are reaching out for your political support. We're hoping that with the support of the public, the judges and prosecutor's will act fairly and either reduce our sentence or grant us a new trial.

We were not trying to serious hurt anyone, and I am sorry for the injuries that I caused. I hit the guy with several bottles to get him to release his gun, and when we got the gun we ran out the store. But the guy received numerous stitches to his head and I am sorry for that. The guy is an elderly man, and we did not go inside the store intending to rob or attack him, and we did not rob the man.

We shouldn't be in prison for a crime that we did not commit. The following evidence supports our innocence:

EVIDENCE OF INNOCENCE NO. 1
On the day of the alleged robbery, Claudino Claudio (the alleged robbery victim) told the police that two people attempted to rob him and that he did not know whether any money was taken which he kept on his person. Two weeks after the incident, Claudio told the police that he returned to the store and determined that $1150 dollars was taken.

At my preliminary hearing, Claudio testified that he did know who took the money but imagined that me and my nephew both took it.

At trial, however, Claudio lied and claimed he saw us taking money out a Brandy box. He testified that he did not have any money on his person, except maybe 30 or 40 dollars which he never got. When asked why he didn't tell the police on the day of the incident that he saw money being taken, he claimed the police never asked him whether any money was taken.— At one point he admitted that we immediately ran out the store after we got the gun from him.— Claudio was never unconscious or knocked to the ground.—
EVIDENCE OF INNOCENCE NO. 2
At trial, Detective Louise Johnson lied and claimed that on the day of the incident Claudino Claudio had told him that he did not know "how much" money was taken from him. Detective Johnson's testimony that Claudio told him he did not know how much money was taken is completely false.

In the criminal complaint, Detective Johnson swore before Assistant District Attorney Terry Magowan, that Claudio had told him he didn't know whether any money was taken.My nephew and I were, in fact, originally charged with attempted armed robbery of Claudio. In a letter written to my attorney, AAD Terry Magowan admitted that when he initially reviewed the case he did not know whether any money was taken.Nevertheless, he allowed the police to testify falsely.

EVIDENCE OF INNOCENCE NO. 3
At trial, both Claudio and Detective Johnson lied regarding when and how Claudio allegedly discovered money missing. On November 8, 1995, Claudio told Detective Johnson that he returned to the store on November 3, checked his cash register and determined that $1150 dollars was taken.

At trial, Claudio testified that his son went to the store on October 28, 1995, and determined how much money was 12 taken.— Claudio testified that he was unable to return to the store.

Detective Johnson then lied and claimed that on November 8, 1995, Claudio had told him that he had not gone back to the store to check any cash register receipts, his son had conducted that and that's how he determined how much money was taken.

EVIDENCE OF INNOCENCE No. 4
Oh the day of the alleged robbery, Claudio admitted to Detective Johnson that he pulled his gun because he believed my nephew had grabbed at him.

At our preliminary hearing, Claudio changed his story and alleged that he did not pull his gun until after he was grabbed by my nephew and strucked by me. He, however, admitted on four occasions that he pulled his gun before he was grabbed.

At trial, Claudio claimed that my nephew rushed behind the counter and grabbed him, I then immediately began striking him with bottles, he then pulled his gun and began struggling with my nephew.— Claudio claimed that has he and my nephew were wrestling over the gun, I was demanding money.

When Claudio pulled the gun is important because we did nothing to cause him to pull the gun. We were just bold or stupid enough to go back into the store.

EVIDENCE OF INNOCENCE NO. 5
At trial, Claudio testified that he received numerous lacerations to his head which required 210 stitches. The medical records, however, shows that Claudio received 150 stitches.

Regardless of whether Claudio received 150 stitches or 210 stitches, he is an elderly man and I did seriously injure him and I regret that. But I did not intend to attack him. When he pulled a gun on us, my only thoughts were to get the gun from him. When my nephew grabbed his arm, I hit him with several bottles to get the gun. He fought with us the entire time and when we did get the gun, we ran out the store. We did not strike him after we got the gun from him.

The fact that he's lying about his injuries shows that he has no regard for the truth. We did not take any money. We are sentenced to 38 years in prison for something we did not do and that is wrong. The Assistant District Attorney and the Judge are allowing the man's lies to go uncorrected and that is wrong. It, in fact, is a crime to testify falsely under oath.

WHAT YOU CAN DO!
You can help by signing a petition in support of our release. We live in a State of democracy and your voice can make a difference. Judges are elected to six year terms and you have the power to decide whether the judge remains in office, You have the power to ensure that the judges and prosecutors
act fairly.

EXHIBITS
The transcripts can be reviewed at the Milwaukee County Courthouse in case number: State of Wisconsin v. Jonothan Gils and Cory Gilmore #F-954770. The documents can also be seen here by clicking on the references below.
The police reports can be reviewed at the Milwaukee County police department by reference to the case and page number.
Exhibit 1 Transcripts Feb. 7 1996 pages 153, 154, 181
to more penpals with last names h to q
Exhibit 2
Police Report page 6-7
Exhibit 3
Preliminary hear Transcript Nov. 17, 1996 page 8-9
Exhibit 4
Transcript Feb. 7 1996 pages 144-145, 210-211
Exhibit 5
Transcript Feb. 7 1996 pages 184-185
Exhibit 6
Transcript Feb. 7 1996 pages 193
Exhibit 7
Transcript Feb. 7 1996 pages 143
Exhibit 8
Transcript Feb. 8 1996 pages 114-115
Exhibit 9
Criminal Complaint
Exhibit 10
Letter dated November 21, 1995 from District Attorney
Exhibit 11
Police Report page 84
Exhibit 12
Transcript Feb. 7 1996 paqe 186
Exhibit 13
Preliminary hearing Transcript Nov. 17 1996 page 6/ 13 Preliminary hearing Transcript Nov. 07 1996 page 5-6; 13
Exhibit 14
Transcript Feb 7 1996 page 137-139, 175-178
Exhibit 15
Transcript Feb 7 1996 page 148
Exhibit 16
Medical Record of Claudino Claudio

Address to write to :
Cory Cilmore ##254400 Green Bay Correctional Institution; P.O. Box 19033 Green Bay, Wi 54307
or email FFUP at Swansol@mwt.net and we will forward your letter to Mr Gilmore.

Exhibit One

2007-11-17T13:36:00.000-08:00

EXHIBIT 1
1 it. Rephrase your question so it's understandable.
2 MR. MAGOWAN: Okay, thank you.
3 BY MR. MAGOWAN:
4 Q Mr. Claudio, when this -- when you were robbed and
5 beaten, as you've just described, did you ever see a
6 gun like this on the floor behind the counter?
7 A No.
8 Q So you never saw this gun?
9 A No, sir.
10 Q That day?
11 A No, sir.
12 Q Mr. Claudio, you've testified to a number of wounds on
13 your head. Tell us to what extent it's possible that
14 you were struck by items other than bottles?
15 MR. HERMAN: I'm going to object as being
16 speculative.
17 THE COURT: I'm going to sustain the
18 objection as to the term of your question. Try and
19 make it more specific.. And based on the language,
20 it's also objectionable..
21 BY MR. MAGOWAN:
22 Q Mr. Claudio, you were struck numerous times in the
23 head; correct?
24 A Yes.
25 Q Do you know whether or not you were struck with
1 anything other than bottles?
2 A I guess I was, because when they found the gun --
3 MR. BERMAN: Your Honor' --
4 THE COURT: Hold it one second.
5 MR. BERMAN: I'll object to this type of
6 answer, because he's guessing. He's not stating he
7 knows. He's just speculating.
8 THE COURT: Yeah, I'm going to sustain the
9 objection, Mr- Maqowan, What I'll do is I want to see
10 the lawyers at side bar for a moment.
11 (Whereupon a side bar conference was held
12 out of the hearing of the jury.)
13 THE COURT; The objection is sustained. The
14 question as phrased would call for this witness's
15 speculation.
16 Mr. Magowan, I'll tell you what. It seems
17 like you're moving onto another item. We've been at
18 it for an hour and a half. I'd like to give the jury
19 their afternoon break. We'll take a l 5, 20 minute
20 break, and then be at it for another hour and a half
21 after the break.
22 Ladies and gentlemen of the jury, please
23 remember my continuing admonition not to discuss the
24 case among yourselves or anyone else. It's premature
25 to do so until the. case is given to the 12 of you for
page 15 4
1 get the gun, get the gun, get the gun, and where's the
2 money. That's all I hear from him. Where's the money
3 and get the gun, because we was wrestling for the gun.
4 MS. KIES: I think the record should reflect
5 that he during the course of that answer was pointing
6 at Mr. Gils and saying that Mr. Gils said get the gun,
7 and I believe that it was Mr.--
8 THE COURT: Wait a minute. You just
9 pointed, but I couldn't see. Who were you pointing
10 at? Who was saying get the gun, get the money?
11 THE WITNESS: The guy with the black
12 sweater.
13 THE COURT: Okay, the record will reflect he
14 was pointing at Mr. Gilmore,
15 BY MS. KIES:
16 Q During the course of this fight and this altercation
17 that you had with my client, you didn't see any other
18 gun; is that right?
19 A No, I didn't.
20 Q But you were fighting back irregardless. You weren't
21 going to let any ---
22 A I can't let my gun go. I was feared for my life.
23 Q Did you hit at Mr. Gils?
24 A I couldn't.
25 Q Did you push him?
Page 181

Exhibit Two

2007-11-16T13:37:00.000-08:00

EXHIBIT
2
SUPPLEMENT REPORT
Robbery Armed 95-84559
PAGE 4
require x-ray's and have his wounds sutured.
I, Detective JOHNSON then proceeded to Mr. CLAUDIO'S room, to interview him, regarding the robbery.
Mr. CLAUDIO, H/M, DOB 05-0531 of 3802 W. Tupelo (352-6191) stated that he owns and operates Jim's Beer & Liquor at 3833 N. Teutonia Ave. and he was working there alone tonight. He stated that two black males had come in, and they had been in the store three or four times earlier today, came in and attempted to rob him. Mr. CLAUDIO further stated that he has had this business for the last 18 years, and his son had been robbed as recently as one week ago. He stated that the description of the two suspects appears to be the same, as in that complaint.
Regarding today's incident Mr. CLAUDIO stated that the two suspects entered the store and one he could only describe as the short one, in his twenties, 150 lbs., having a stocky build and a dark complexion with a short, dark jacket and a thin mustache. This suspect requested Tanqray (phonetic) gin. Mr. CLAUDIO stated that he then, without turning his back, fearing they would do something, reached up for the gin, when suddenly suspect #1 (short black male) reached and grabbed at him. At that time he removed his Clock pistol and began struggling with suspect #1. Mr. CLAUDIO stated that struggled with suspect #1, not letting him take his gun from him. Suspect $2, described as a B./M. mid-twenties to early thirties, 6'2", 170 Ibs., medium build, having a thin mustache, afro hair and a light complexion. He was wearing a dark jacket, red, black and green designs on the back, began to beat him over the head with liquor bottles. Mr. CLAUDIO that this continued but he refused to let go of the gun and suspect 2 continued grabbing different bottles and strike him across his head. Mr. CLAUDIO then did finally release the gun and the suspects then fled the store. Mr. CLAUDIO stated that he was not sure if the suspects took any money, which he keeps on his person. He could not be sure how much
money was taken, but he knows that money was flying and coming out of his pockets during this struggle.
Mr. CLAUDIO was unable to give any further description or serial number of the gun that was taken. He was then taken to x-ray and for sutures of his wounds. My interview with Mr. CLAUDIO was terminated at that time.
I, Detective JOHNSON then contacted Dr. Indra MAMMEN, by phone at 241-8506, the number listed on the appointment card. After speaking to Dr. MAMMEN regarding this appointment card, it was determined to be for April PARKER of 2525 W. Capitol Dr. Apt. 2, also phone 445^5979 was obtained.
Squad 597, Officers NELS and JOHNSON and Squad 76, Officers WARING and JACKSON and I did proceed to 2525 W. Capitol Dr. Apt. 2.
Upon our arrival and knocking at the door, I was met by a black female named April Lawanda PARKER, B/F, DOB 4-11-73 of this address and phone 445-5979. Upon Miss PARKER opening her door, slightly and pulling back a curtain, from the upper part of this door, I observed a person fitting the description of suspect #1 in this offense, peeking out of bedroom. At this time I heard of Police Radio that someone was attempting to exit a back bedroom window. We entered into this residence, gained entry into the bedroom and observed a suspect fitting the description of suspect #1 involved in this robbery.
I, Detective JOHNSON then looked into a bathroom, next to the bedroom, where suspect #1 had been located and arrested. I observed a white, FILA tennis shoe, size 8, on the bathroom floor. A further check of this residence revealed a black jacket, matching the one worn by suspect #1 in this offense.
Suspect #1 was identified as Jonathan nmn GILS, B/M, DOB 7-24-73 of 130 E. Townsend. Mr. GILS has a ID #310112, also Mr. GILS had, what appeared to be, fresh cuts to his right and left hand, consistent with being cut from glass. Mr. GILS Was conveyed to the

Exhibit Three

2007-11-15T13:39:00.000-08:00

EXHIBIT
3
1 head, what, if anything, happened to any money in your
2 presence?
3 A I didn't hear that.
4 Q Okay. Did you have any money on your person?'
5 A No, I didn't have any money on my person. There was
6 money in the box where we was fighting, you know, because
7 it was a lot of money, so I took the money, and I had it
8 in a box.
9 Q ;And where was the box?
10 A Maybe about three or four feet from where we was
11 fighting& so—you know,with the wrestle and struggle,
12 the money was—you know—I had it in a box of brandy
13 Q A brandy box?
14 A A brandy box.
15 Q Okay. And what happened with the gun that you had on
16 your person? What ever happened to that?
17 A Well, you know, like I said, these men hit me so many
IS times over my head that I just— I was lucid (sic), and
19 he finally got the gun from me.
20 Q This man or the other man?
21 A The other man.
22 Q What, if anything, happened to the money?
23 A Oh, gone. They took it.
24 Q Who took it?
25 " I don't know" I was--I was fighting ,and I was fearing
81 for my life, so I imagine they both took it;
2 Q Okay, when all this was done, were you missing some
3 money?
4 A Oh, yes.
5 Q Approximately how much?
6 A About eleven-fifty or eleven hundred, eleven-fifty.
7 Q One thousand one hundred and fifty dollars?
8 A Yes, yes. All the money was gone.
9 Q And did you see either one of these men with any guns?
10 A No, I didn't. No, I didn't. It happened so fast that I
11 don't know who had the gun.
12 Q Okay. When all this was done, your gun was gone?
13 A Yes.
14 Q Did you give either one of these men—the defendant here
15 or the other man—consent or permission to take your gun?
16 A No, I didn't. No, sir.
17 Q Did you give them any consent or permission to take the
18 money?
19 A No, sir.
2.0 Q Did you give either one of them consent or permission to
21 injure you in any way?
22 A No, sir.
23 Q What sort of injuries did you suffer as a result of this
24 incident?
25 A Well, I got two hundred and ten stitches in my head.

Exhibit 4

2007-11-14T13:40:00.000-08:00

EXHIBIT
4
1 because at that time I lost a lot o I: blood and, you"
2 know, I was just -----
3 Q Do you think you hit them with a --either one with a
4 bottle?
5 A I don't know. I really don't know.
6 Q Okay. Now on that evening when you were working,
7 where was the money stored?
8 A I had it in a brandy box, you know, because it was a
9 busy -- we had a busy day,, and 1 didn't have time to
10 put the money away. So I would stuff it in one of the
11 brandy cases.
12 Q Okay. Now where was the brandy box located?
13 A Right next to where I went to get the gin.
14 Q Okay. Was it --- was this box under a counter, on top
15 of a counter, in a cooler?
16 A It was behind the counter. I have a long counter, you
17 know.
18 Q Okay.
19 A It wasn't by the cash register. It was down further.
20 Q Okay. And did you have any money on your person, I
21 mean -- by that I mean any of your pockets?
22 A No.
23 Q Did you see either one of these guys, get any money?
24 A Oh, yes.
25 Q Where was --where did they get the money from?
1 A From -- you know, from the struggle, money was flying
2 over the box where I had the money by the brandy case.
3 Q Okay. And during the struggle, did the brandy box
4 remain under the counter where it. was or did it come
5 out of there?
6 A It was behind the counter, but it was-- you know, we
7 was rolling over the boxes, and it was a struggle.
8 Q Okay.
9 A But it was behind the counter.
10 Q So during the struggle, the box came off the shelf and
11 it spilled its contents?
12 A Yep. It wasn't on a shelf. It was on the ground. It
13 was, you know, sat on the ground.
14 Q The box was on the ground?
15 A Yeah, yeah.
16 Q Was the box covered? Did the box have a .lid on it?
17 A Yeah.
18 Q Which of those two or both of them did you see get any
19 money?
20 A Both of them.
21 Q Okay. And at some; point , do you remember
22 anything, either one of them --- anything more than
23 where's the money or we want the money that either one
24 of them said?
25 A Get the gun. Get the gun.Get the gun. Get the (page 145)

1

A

We both. We both fighting for the gun.

2

Q

Things are falling over?

3

A

Hugh?

4

, Q

There are all kinds of bottles falling all over?

5

A

Not all over, but inside of my head, because that's

6

when Mr. Moore -- what's his name?

7

Q

What? You told us —

8

A

Yes, yes.

9

Q

I understand that.

10

A

That's when he --

11

Q

You told us that already.

12

A

That's what you asked me.

13

Q

Nothing else was disturbed? In other words, nothing

14

else was on the floor because you were --

15

A

It was, no.

16

Q

Nothing else, no money got disturbed out of your box,

17

that gin box or --

18

A

Yes, it was. I mean, that's how they got the money.

19

Q

Wait a minute. Did you see them take any money?

20

A

The money was missing.

21

Q

Did you see them?

22

A

The money was missing.

23

Q

Answer my question, sir. Did you see them take any

24

money?

25

A

The money was missing. There was nobody else. (page 210)

1 Q Did you see them take any money?
2 A All I can tell you that the money was missing.
3 Q' You can tell me yes or no if you saw them take the
4 money.
5 THE COURT: Mr. Claudio, you do have to
6 answer the question as he put it to you. And the
7 question he's putting to you, did you see?
8 THE WITNESS:
9 A They did pick up some money, yes. They pick up some
10 money, because the money was all over there, all over
11 the floor when we was wrestling over the box. Yeah,
12 they took some money. I saw picking up some money.
13 BY MR. HERMAN:
14 Q You saw that now? Okay. And this is before they
15 had -- the gun was taken away from you?
16 A No, after.
17 Q After. In other words, they didn't just run out, they
18 stood around and picked up money; right?
19 A Yes.
20 Q Yes. Okay. And you know it is happening; right?
21 A I what?
22 Q You were hit you said?
23 A Yes, I was.
2.4 Q And before you said, well I was a little fuzzy. You
25 weren't fuzzy at that time; were you?
page 211

exhibit 5

2007-11-13T13:41:00.000-08:00

EXHIBIT
5
1 that right?
2 A Yes.
3 Q And when he talked with you, you told him that you
4 kept money on your person. Is that a fair statement?
5 A It was in my vest probably if there was any money,
6 which I never got it.
7 Q Okay, all right. So there was maybe some money on
8 your vest?
9 A Might have been. Not much. Maybe 30, 37, 35 dollars.
10 Q Okay. And you also remember when you were talking
11 with the detective here at the hospital that you told
12 him you weren't sure if those guys got away with any
13 money; is that true?
14 A 1 don't remember; that
15 Q Okay, all right. In fact, you never told Detective
16 Johnson that there was any money missing at all in
17 reference to this incident until. November 8th, 1995 at
18 the time of the lineups; is that right?
19 A That's when I -- that's when they asked me how much
20 money was taken, so I couldn't give them no statement
21 unless if I was asked.
22 Q But it wasn't in -- you'd agree with me that
23 irregardless of who asked or whether- or not they
24 asked, you didn't tell anybody until November 8th of
25 1995?
page 184
1 A I wasn't able to talk to anybody.
2 Q Okay. Even though the detective did come to the
3 hospital and talk with you; right?
4 A He might have did. I was out of it. I was -- with
5 210 stitches, I lost a lot of blood, and I don't know.
6 I really don't know.
7 Q Do you remember who the police officer was who first
8 arrived on the scene when this incident occurred to
9 . you?
10 A I don't know. I see so many people, and I really
11 don't know. I couldn't --
12 Q Do you remember telling any of them that you thought
13 that maybe there was $500 missing?
14 A No. No, I didn't, no.
15 Q Okay.,
16 A No, I couldn't say that.
17 Q After this incident occurred, you said there was —
18 Strike that. You told me before that there was money
19 in the brandy box on the floor, and that when you
20 struggled that that box could have gotten knocked over
21 and that money could have spilled out. Is that a true
22 statement?
23 A Yes.
24 Q Okay. And after the incident occurred, was there
25 still money spread on that floor area where the brandy
page 185

Exhibit Six

2007-11-12T13:41:00.000-08:00

EXHIBIT 6

1 result of this; is- that true?
2 A No, cuts. Cuts in my face, but no --
3 Q You were cut, but--
4A No broken bones, no.
5 Q No broken bones. Mo fractures. They didn't tell you
6 any fractures; is that right?
7 A I was pretty lucky.
8 Q Okay. I want to go back to the struggle one more
9 time, Mr. Claudio. After the struggle ensued and --
10 Strike that. There was a struggle, and eventually the
11gun was taken away.from you,is that right?
12A Yes.
13Q After the gun was taken away from you , did the guys
14 stick around?
15A Like I say, they left the store running. I don't know
16how long after the gun was taken, but --
17Q They didn't -- they left immediately after?
18A Yeah.
19 Q Okay. And they didn't stop along the way to dig into
20 each of the cash registers?
21 A No, they didn't. No, they didn't. That I know.
22MS. KIES: Okay, all right. Thank you,
23Mr. Claudio. I appreciate your' time.
24MR. HERMAN: 1 have a few guestions.
25CROSS EXAMINATION OF CLAUDINO CLAUDIO

exhibit 7

2007-11-11T13:47:00.000-08:00

EXHIBIT
7
1 A Yes.
2 Q Tell us how that happened.
3 A I don't know. I probably was weakened now. I lost a
4 lot of blood, and I was weakened out.
5 Q You were getting weaker?
6 A Yes.
7 Q So who grabbed the gun from you, if you know?
8 A (Witness indicates.)
9 MR. MAGOWAN: The record should reflect he's
10 pointing at Mr. Gils.
11 THE COURT: It shall.
12 BY MR. MAGOWAN:
13 Q And when he got the gun from you, were you still
14 standing?
15 A Oh, yes.
16 Q Did you ever go down?
17 A No, I didn't.
18 Q Did you fight back in any way with these two?
19 A I did the best, yes. I - you know,
20 Q Did you hit them, either one of them, with anything,
21 to your knowledge?
22 A I don't know. I probably did,
23 Q Did you have anything other than the gun in your hand?
24 A Well, when I went in to position of my gun, I probably
25 grabbed. I don't know what: 1 did. I really don't,

exhibit 8

2007-11-10T13:49:00.000-08:00

EXHIBIT
8
Q Okay. While he was in the ambulance, he at no time told you that any money was missing from the store., true? Yes or no?
A I can't recall if he said anything about money at that time, no.
Q In fact, you actually did go to the hospital and you talked with him at the hospital that particular day on the 27th of October and at no time did he indicate to you that he knew of any money being missing from the store?
A He basically just stated that the money was flying all over the place and at that time he could not — he did not know what was taken or anything because he had been taken from the scene. He did know at that time definitely what was taken,, from him was his gun.
Q He did indicate though, and according to your report,
that he kept his money on his person, right?
A Yes. He did say he kept money on his person.
Q Okay. He didn't tell you initially that he kept any
money in any brandy box. Is that a fair statement?
A No. I didn't find that out until later.
*
Q Okay. And, in fact, it wasn't until November 8th of 1995 that Mr. Claudino Claudio told you that he had the opportunity to check his cash register receipt and now that he thought about it there was some money missing; isn't that true?
page 114
A Yes. Based on the fact he was hospitalized and he had been inside basically confined to the house for that period of time, he had not gone back to the business to check any register receipts. His son had conducted that, and that's where he ended up getting his figures of what was taken from him in this robbery.
Q Officer, so it's a fair statement to say that on the date of the incident he never told you that any money was missing from the store; is that true? On that particular day? True or false?
A On that particular day he didn't tell me anything about what was taken.
Q It was not until November 8th.of 1995, in fact, that he told you that any money was missing from the store, true?
A He told me he didn't "know how much money was taken at that time when I initially interviewed him.
Q. He didn't know if any money was taken at that time?
A. He didn't know how much money??
Q He didn't know if any was taken?

MR. MAGOWAN: Your Honor, I believe this is , getting argumentative.
THE COURT: It is.
MS. KIES: I will stop.
BY MS. KIES:
(page 115)

Exhibit 9

2007-11-09T13:50:00.000-08:00

CIRCUIT COURT CRIMINAL DIVISION Milwaukee County
CRIMINAL COMPLAINT
EXHIBIT 9
STATE OF WISCONSIN
STATE OF WISCONSIN, Plaintiff(s)
Defendant(s)
Gils, Jonathan 072473
130 East Townsend
Milwaukee, WI 53206
Det. Louis Johnson
Gilmore, Cory NMN 072777
130 East Townsend Milwaukee, WI 53206

THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN SAYS THAT THE ABOVE NAMED DEFENDANT(S) IN THE COUNTY OF MILWAUKEE, STATE OF WISCONSIN
COUNT 01: ATTEMPT ARMED ROBBERY - PTAC
On October 27, 1995, at 3833 North Teutonia Avenue, City of Milwaukee, as parties to a crime, with intent to steal, did and by the use or threat of use of a dangerous weapon, attempt to take property from the presence of Claudino Claudio, the owner, by using force against the person of the owner with intent thereby to overcome the said owner's physical resistance or physical power of resistance to the taking and carrying away of said property, contrary to Wisconsin Statutes section 943.32(1)(a) & (2) and 939.32 and 939.05.

COUNT 02: AGGRAVATED BATTERY-PTAC
On October 27, 1995, at 3833 North Teutonia Avenue, Milwaukee, as parties to a crime, did cause great bodily harm to Claudino Claudio, by an act done with intent to cause either substantial bodily harm or great bodily harm to Claudino Claudio, contrary to Wisconsin Statutes section 940.19(5) and 939.05.

COUNT 03: ARMED ROBBERY - PTAC
On October 16, 1995, at 3833 North Teutonia Avenue, City of Milwaukee, as parties to a crime, with intent to steal, did and by the use or threat of use of a dangerous weapon, take property from the presence of James Claudio, the owner, by using force against the person of the owner with intent thereby to overcome the said owner's physical resistance or physical power of resistance to the taking and carrying away of said property, contrary to Wisconsin Statutes section 943.32(1)(a) & (2) and 939.05.

COUNT 04: SUBSTANTIAL BATTERY-PTAC
On October 16, 1995, at 3833 North Teutonia Avenue, City of Milwaukee, as parties to a crime, did cause substantial bodily harm to James Claudio, by an act done with intent to cause bodily harm to James Claudio, contrary to Wisconsin Statue section 940.19(2) and 939.05.

AS TO COUNT 01:
Upon conviction of this charge, an attempt to commit a Class B Felony, the possible penalty Is imprisonment for not more than 20 years.

Page 2
Gils, Jonathan - 072473, Gilmore, Gory NMN-072777

AS TO COUNT 02:
Upon conviction of this charge, a Class C Felony, the maximum possible penalty is a fine of not more than $10,000 or imprisonment for not more than 10 years or both.
AS TO COUNT 03:
Upon conviction of this charge, a Class B Felony, the maximum possible penalty is imprisonment for not more than 40 years.
AS TO COUNT 04:
Upon conviction of this charge, a Class E Felony, the maximum possible penalty is a fine of not more than $10,000 or imprisonment for not more than 2 years or both.
Complainant states that he is a City of Milwaukee Police officer and bases this complaint upon the following:
AS TO COUNTS 01 AND 02:
Upon the statements of Claudino Claudio, an adult citizen who owns and operates Jim's Beer and Liquor, located at 3833 North Teutonia, in the City and County of Milwaukee, Wisconsin. Claudio said that shortly after 8:00 p.m., on Friday, October 27, 1995, he was working alone at the liquor store, when two black males came in and he recognized them because they had been in the store 3 or 4 times earlier that same day. Claudio said that the shorter of the two black males, later identified in a police lineup as defendant Gils, asked for some Tanqueray gin, but when Claudio reached for the gin, defendant Gils reached and grabbed Claudio. When Claudio removed his pistol and began struggling with defendant Gils, the second black male, later identified from a photo array as defendant Gilmore, began to beat Claudio over the head with liquor bottles. Claudio said that he refused to let go of his gun as defendant Gilmore was striking him in the head with different liquor bottles, and the two fled the store after he finally did release his gun. Claudio said that he had a substantial amount of cash on his person in the struggle, and it went flying throughout the store during the struggle, and he was not sure whether the defendants were able to take any money with them when they fled. Claudio said that the defendants did take his handgun when they fled. Claudio said that he did not give defendants consent or permission to remove any of his, property from his person or his store, including any cash or his handgun.
Upon personal observation when complainant arrived at the store a few moments after the above-described events, having been just a short distance away when notified by citizens that the liquor store was being robbed. Complainant states that he observed that Claudio was bleeding profusely from several cuts and lacerations on his head, and observed that there was blood everywhere in the liquor store, and broken bottles of liquor everywhere, and various sums of money scattered about the store. Complainant states that he summoned other police officers to help in the search for the suspects, and during a search of the area, Police Officer Mitchell Ward found a jacket that matched the description of the jacket worn by defendant Gilmore, and inside the pocket of said jacket was some documentation that led complaint to 2525 West Capitol Drive in Milwaukee. Complainant further states that Officer Ward also found a left tennis shoe

Page 3 Gils, Jonathan - 072473, Gllmore, Cory NMN - 072777, (Flla brand) along the path where the two robbers had fled from the liquor store.
Complainant states that Claudio was transferred to St. Michael Hospital where various medical staff spent more than 5 hours treating Claudio for the various cuts to his head, said cuts which eventually required more than 200 stitches to close.
Complainant states that when he went to 2525 West Capitol Drive, a black female, later identified as April Parker, answered the door. When complainant was looking through the glass in the door, he saw a black male, later identified as defendant Gils, look through a bedroom door and slam it. Complainant was then informed by other officers surrounding the house that someone was trying to exit the bedroom window, so complainant went through the front door, toward the back bedroom, and saw near the bedroom door the companion white Fila tennis shoe that matched the one found earlier by Officer Ward. Complainant states that defendant was then arrested in the bedroom of the premises, which turned out to be the residence of April Parker, the girlfriend of co-defendant Gllmore, who is the uncle of defendant Gils.
Upon the statement of James Claudio, the son of Claudina Claudio, who stated that the day after the robbery, while cleaning up the mess at the liquor store, he found an unloaded .32 caliber pistol with blood and hair on it, which did not belong to anyone at the premises.
Upon a statement made by defendant Gils, after being advised of his constitutional rights, wherein he said that he and his uncle, defendant Gilmore, brought a half pint of gin at the liquor store, drove back to April's apartment, did some other errands, went back to the liquor store again to get some 40 oz bottles of beer, then went back to April's house and drank the gin and the beer, before going back to the liquor store a third time to get more beer. Gils said that when they returned to the liquor store a fourth timer he and defendant Gilmore robbed it without any planning. Gils said that he walked into the store first, asked the old man how much the Tanqueray gin cost, and when the old man reached for the gin, Gils removed a .32 caliber semi-automatic pistol with a brown handle from his jacket pocket and pointed it at the old man. When the old man took out his own gun, Gils grabbed it and a struggle ensued, during which he didn't know what happened to his own gun, because he was trying to take the old man's gun away from him. Gils said that when the old man hit him in the head and face with his gun, Cory (le. the co-defendant) began to hit the old man with liquor bottles across the head. When Gils finally got the gun away from the old man, he gave it to defendant Gilmore, and they both fled from the store on foot after being chased by the police. Gils said that he did not get anything from the store other than the old . man's gun, but he lost his own .32 caliber pistol during the fight. Gils said that he was wearing Fila tennis shoes, and lost one during the chase. Gils said that Gilmore was wearing the multicolored leather jacket with the large X on the back (ie. the one found by Officer Ward matching the description given the victim). Gils positively identified a police B of I photo of Cory Gilmore as being a photo of his uncle, the co-defendant.
Upon a statement of Milwaukee Police Officer Michael Salomone, who stated that on October 28, 1995, while assigned to the Robbery Task Force looking for defendant Gilmore, he spotted defendant Gilmore at 3423 North Palmer,

Page 4 Gils, Jonathan - 072473, Gilmore, Cory NMN- 072777
a short distance from defendant Gilmore's residence. When Gilmore spotted the police, Gilmore threw down an object and fled on foot, but was not apprehended. Salomone recovered from the spot where he saw defendant Gilmore throw down an object, a .40 caliber handgun, which was later shown to Claudino Claudio, who positively identified said .40 caliber handgun as being his gun taken during the above-described robbery.
AS TO COUNTS 03 AND 04:
Upon the statement of James Claudio, an adult citizen who works at his father's liquor store at 3833 North Teutonia Avenue, in the City and County of Milwaukee, Wisconsin James Claudio said that at approximately 5:30 p.m., on Monday, October 16, 1995, while working at his father's liquor store, two black males entered the store and began looking around but did not buy anything. James Claudio said that about 5 minutes later, the two black men returned to the store, at which time the shorter of the two, later identified from a police lineup as defendant Gils, produced a small caliber semi-automatic handgun and pointed it at James Claudio, demanding money. When the taller of the two black males, later Identified from a photoarray as defendant Gilmore, also demanded money, James Claudio immediately opened both cash registers, at which time both defendants ran behind the counter, removed the monies from the cash registers, placed it in their pockets, then ordered James Claudio to go to the back room with them. When James Claudio resisted doing this, a struggle ensued, at which time both defendants grabbed liquor bottles and struck James Claudio on the head with them, causing him to fall to the floor, and then fled the scene with an undetermined amount of cash. James Claudio said that the did not give either defendant consent or permission to remove any property from his person or the store, including cash.
James Claudio stated that he was treated at Mt. Sinai Hospital for lacerations to his head and one of the cuts required seven stitches.
****END OF COMPLAINT****
SUBSCRIBED AND SWORN TO BEFORE ME
AND APPROVED FOR FILING October 31, 1995
AST.DISTRICT ATTORNEY COMPLAINING WITNESS -
- FELONY COMPLAINT --
Tmago-twl031jg.fl

exhibit 10

2007-11-08T13:51:00.001-08:00

OFFICE OF DISTRICT ATTORNEY
EXHIBIT
10 Milwaukee County
November 21, 1995
Mr. Andrew Highlove
Attorney at Law
900.1 North 76th Street, Suite #204
Milwaukee, WI 53223

Ms. Jean Kies
Attorney At law
516 North Milwaukee Street, Suite #304
Milwaukee 53202

RE:State of Wisconsin v. Jonathan Gils and Cory Gilmore
case No.K-954770

Dear Attorney Hashlove and Attorney Kies:
Now that each of your clients has had a separate preliminary hearing, I want to make sure that each of you has received the 105 pages of police reports pertaining to this case. If either of you wants to view or inspect any of the evidence described in the police reports, please contact Detective Louis Johnson, who works second shift in the Bureau at the Milwaukee Police Department, to arrange a mutually convenient time.
With each of your clients, in the hustle and bustle of filing an Information at the end your prelim, I forgot to file the correct information justified by the testimony. When 1 reviewed the case,
I did not know whether your clients got a way with any money from the robbery pertaining to the father, so I charged them with attempted armed robbery. As you can see from the police reports, and as you each heard from the testimony, a subsequent audit revealed that approximately $1150.00 was missing after that robbery. Accordingly, I am enclosing an Amended Information that 1 will file with the court on l1/21/95, which will reflect two counts of Armed Robbery ( PTAC ), plus the other two counts named in the Criminal Complaint. Each of your clients can enter the formal not guilty pleas at the pre-trial date, 1/30/96.
If however, either of your clients wants to dispose of this case short of trial,1 have spoken with the two respective victims and am prepared to make the following offer; if either or both of your clients pleads guilty to the two counts of armed robbery as party to a crime, I will move to dismiss and read in for sentencing purposes the other two count. After preparation of a pre-sentence investigation, 1 will recommend two consecutive 20 year sentences, but I will recommend that I the second 20 year sentence be stayed, and that the defendant be placed on six years probation' consecutive to his sentence in count 1. As conditions of probation, I will recommend that each client have no contact with either of the victims, that each client recieve drug and alcohol abuse treatment, that each client own or possess no firearms, that each client be jointly or severally responsible for the restitution for both robberies, that each client be jointly and severally responsible for any out-of-pocket medical expenses suffered by the victims, and that each client pay the required costs, fees, and surcharges of the action.
As for defendant Gils, I know this offer is somewhat different from the other made in a letter to Attorney Kies on 11/13/95. 1 am hereby rescinding that offer, having had no indication of it being accepted. I am making this new offer based upon conversations with each of the victims, each of whom have now had to testify twice at preliminary hearings.
As you know, a 20 year sentence imposed means that a prisoner is eligible for parole after five years, and will be mandatorily released after after 13 years and 8 months, if not paroled earlier. Given the strength of the State's ,case, the seriousness of the injuries, the viciousness of the attacks, the fact that weapons were used, and the repetitive nature of these crimes, 1 believe the above disposition is a fair one. Of course, each of you is free to argue for a different disposition.
Please review these matters with your clients and let me know as soon as possible what your intentions are. Thank you for your attention and consideration.
Assistant District Attorney

exhibit 11

2007-11-07T13:52:00.000-08:00

C
EXHIBIT 11
PO-15B SUPPLEMENTARY REPORT
MILWAUKEE POLICE DEPARTMENT
Date of Report 11/08/95
Incident/Accident # 95-84459
INCIDENT ROBBERY-ARMED/RES
Date of Incident/Accident 10/27/95
Rep. Code #
VICTIM
Jim's Beer & Liquor
LOCATION OF INCIDENT 3833 N. TEUTONIA AVE.
DIST 7
On Wednesday 11/08/95, I, Detective Louis JOHNSON, did speak with the victim of the above robbery which occurred on 10/27/95 at Jim's Beer & Liquor, which is owned and operated by Claudino C. CLAUDIO, M/H, dob 05/05/31 of 3802 W.
Upon interviewing Mr. CLAUDIO regarding the robbery, he did_ inform me that had an opportunity to check his cash register tape from said robbery on 11/03/95 . Mr. CLAUDIO states upon checking his cash register tape it revealed the $1150 had been taken during the robbery of his liquor store on 10/27/95. Mr. CLAUDIO further states that this was the first opportunity that he had a chance to get back to his store since he had been robbed and injured.
Mr. CLAUDIO again stated that he did not give the suspects permission to take said money from his liquor store.
Report Per. Detective Louis JOHNSON
REPORTING OFFICER
PAYROLL # LOG. CODE SUPERVISOR SIGNATURE
DET. LOUIS JOHNSON
55078
92

exhibit 12

2007-11-06T13:52:00.000-08:00

EXHIBIT
12
1 box could have been knocked over?
2 A When my son balance out the next day, all he found was
3 $250. That was money that was on the floor and the
4 money that was in the cash register.
5 Q Okay. Do you have some sort of code or some sort of
6 electronic means by which to get into your cash
7 register, or if I just walked up to it can I simply
8 press a button?
9 A Sure.
10 Q Simply -- if you had -- if you had pushed a hold-up
11 button in your store, would that immediately lock the
12 cash registers and prevent them from being entered?
13 A No, ma'am.
14 Q You, yourself, personally do not know the next day —
15 you didn't check the cash regAPProvedpdtoister to determine
16 whether or not there was money there; is that right?
17 A No, I wasn't able. My son did.
18 Q Okay, all right. Mr. Magowan held up for you Exhibit
19 No. 26, I believe. It's a black Kings jacket?
20 A Yes.
21 Q You've seen this?
22 A Urn-hum, yes.
23 Q You had testified earlier that this was the jacket
24 that my client allegedly was wearing during this
25 incident; right?
186

exhibit 13

2007-11-05T13:53:00.000-08:00

EXHIBIT 13
1 the other person?
2 A Yes, both of them.
3 Q What do you mean? What physically did they do when they
4 rushed you?
5 A Like I said, it happened so fast that I — when saw them
6 coming, I know that they had some bad intentions, so I
7__ draw my gun out.
8 Q Where was your gun?
9 A 1 had it on my holster.
10 Q You're indicating like under your—
11 A Right in the side—right in the side.
12 Q —left arm? Well, you said these two men rushed you.
13 Did they have anything in their hands at that time that
14 you could see?
15 A Well, it happened so fast that I couldn't — I couldn't —
16 and like they said, they jumped me, so I didn't have no
17 time to really know what they have, you know, but all I
18 knew that we was fighting — me and the other fellow was
20 Q Which man were you fighting with the gun?
21 A The other fellow.
22 Q Not the one that's here in court?
23 A Not the one.
24 Q The man that you've identified in court today, what was
25 he doing when you were fighting over your gun with the (page 6)

(page 13)
1 correct?
2 A Yes.
3 Q All right. And how many steps toward you did they take?
4 MR. MAGOWAN: Objection—relevancy—for purpose
5 of this hearing.
6 THE COURT: Sustained. That means you don't have
7 to answer that.
8 Q Could you describe what they did when you say they rushed
9 you.
10 A They jumped me.
11 Q Well, what do you mean by that?
12 A They jumped me. They jumped me. They started— Like I
13 say, I was fighting. When I pull my gun, the guy, he
14 jumped,and he--we were fighting over my gun.
15 Q You "pulled your gun before either one of these guys had
16 got to you; correct?
17 A No, just— They jumped me so fast that I pulled my gun,
18 yeah

19 Q And you had the gun out before either one of them touched
20 you; right?
21 A No, nof no, no, no. The little guy, he already had
22 me—he already jumped me,
23 Q Were you grabbing for your gun before either one of them
24 touched you?
25 h I didn't have a chance.
(page 13)
1 MR. MAGOWAN: Ask the record reflect the
2 identification of the defendant by this witness.
3 THE COURT: Does so reflect.
4 BY MR. MAGOWAN:
5 Q Mr. Claudio, when you saw the man you've just identified
6 at approximately eight o'clock, was that the first time
7 on that day that you had seen him?
8 MS. KIES: Your Honor, I'm going —
9 Q Or had you seen him before?
10 MS. KIES: He's leading the witness at this point
11 in time.
12 THE COURT: Overruled. I'll allow it.
13 You can answer.
14 A No, he was there several times — two or three times.
15 Q And at approximately eight o'clock, when you saw him, was
16 he by himself, or was he with anybody else?
17 A No, he was with somebody else.
18 Q What happened when you saw him at eight o'clock? Tell us
19 what happened.
20 A Well, they come in, and they asked me if I had Tanqueray
21 Gin, and I said, Yes, I do, and they said, Where is that?
22 So I pointed out, and I — they said that they want a
23 bottle, so I walk backwards to get the gin, and that's
24 when they rush me.
25 Q When you say "they," who rushed you?
51 A I mean, him and his partner -- the other guy that was
2 with-him.
3 Q And when they rushed you, what happened then?
4 A Well, I draw my gun. He jumps me, and we wrestled him to
5 the ground. I got my hands on my gun. I don't want to
6 let the gun go. Meantime, he's hitting me on the side of
7 the head with bottles — liquor bottles — so that's what
8 happened.
9 Q Did they say what they wanted?
10 A Money. Yes.
11 Q Who said they wanted money?
12 A Both of them. Both of them. But the other dude was more
13 like every time he hit me, Where is the money, where is
14 the money, where is the money, and keep busting bottles
15 on the side of my head, you know, and I couldn't do
16 anything about it because, you know, once they get my
17 gun, I was in fear for my life, and they finally got the
18 gun — they finally got my gun because I was weakening
19 out and —
20 Q The man you've identified in court today, did he ask for
21 money, too?
22 A Well, no. He was wrestling with me. The other dude —
23 They both were. It happened so quick, and I was so busy
24 fighting with them.
25 Q Okay. How many times were you struck by the bottles?
(page 6)

1 A Yes, I did.
2 Q At that point in time was your back turned to the
3 gentlemen as you were pointing to the Tanqueray?
4 A Yes.
5 Q Okay. And it was at that point in time as your back was
6 turned that you pulled a gun on the gentlemen; is that
7 true?
8 A No.
9 Q You had a gun in your possession? —
10 A Yes, I did.
11 Q — when this incident occurred. Can you describe the gun
12 for me.
13 MR. MAGOWAN: Objection — relevance.
14 THE COURT: Sustained.
15 Means you don't have to answer.
16 Q As you were standing there pointing out the Tanqueray, it
17 was at that point in time that you said the gentlemen
18 rushed you; is that right?
19 A When I went for the Tanqueray, yes.
20 Q Does that mean that they came up near to you when you say
21 rushed you?
22 A Yes.
23 Q Okay. Did you pull your gun out as they came up near to
24 you?
25 A Yes, I did.
(page13)

exhibit 14

2007-11-04T13:55:00.000-08:00

EXHIBIT
14
1
A I had a bulletproof vest.
2 Q Why were you wearing a bulletproof vest that evening?
3 A Well, I know what happened to my son like two weeks or
4 whatever before, and I said well, I was --- want to
5 have a 1 ittle protection in case, you know.
6 Q Okay. And is that also the same reason why you were
7 carrying this gun that you identified?
8 A Yes.
9 Q Okay. Mr. Claudio, you have to wait until I finish
10 with my question before you qive your answer, because
11 the court reporter lady can't, take us down at the same
12 time. Okay?
13 A Okay.
14 Q Thank you. When you say you were backing up toward
15 the Tanqueray gin you said, "they rushed me." Do you
16 mean both defendants or one -one or both of them?
17 A Both of them .
18 Q And who got to you f i r s t ?
19 A The guy right there.
20 Q The guy --
21 MR. MAGOV/AN : The record should reflect he
22 is pointing at Mr. Gils.
23 THE COURT: It: sha11.
24 THE WITNESS: Mr. Gils.
25 BY MR. MAGOWAN:
13 71 Q And when Mr. Gils got to you first, how did he grab
2 you?
3 A He grabbed me. He start, wrestling with me.
4 Q And where -- and how much -~ how many -- how much time
5 went by -- well, let me back up. Did Mr. Gilmore, the
6 guy in the black shirt, did lie grab you also?
7 A No, he started hitting me with bottles.
8 Q Okay. So Mr. Gils grabbed you. And did Mr. Gilmore,
9 the guy in the black shirt, start hitting you with
10 bottles right away?
11 A Yes.
1.2 Q What did you do with your grin?
13 A That's when I draw.
14 Q You drew it from your holster under your left arm?
15 A Yes.
16 Q What happened once you got your pistol out of the
17 holster?
18 A That's when Mr. Gils rushed my gun, and we were
19 fighting for the gun.
20 Q Okay. And what, if anything, did Mr. Gils or
21 Mr. Gilmore say when they rushed you?
22 A Where's the money.
23 Q Did they both say that?
24 A Yes.
25 Q They did? And did they say that before or after they
(page 138)
rushed you or during the time that they were, rushing
you?
During the time. Happened so fast that during the
time, you know, he keep asking, where is the money.
MR. MAGOWAN: When you say "he", the record should reflect he is pointing at Mr. Gilmore.
THE WITNESS: Mr. Gilmore.
THE COURT: The man with the black shirt?
THE WITNESS: The man with the. black shirt,
yes
THE COURT: it shall.
MR. MAGOWAN:
Q He was saying "where is the money" more than Mr. Gils
here?
A Yes, yes. Q And when you were wrestling, you were saying you were
wrestling with Mr. Gils here over your gun?
A Yes.
Q Was your gun in your right hand?
A Yes.
Q And what, if anything , was being said then?
A What they keep saying, where's the money.. Where's the
money.
Q Now when you were wrestling with-- over your gun, is
that when Mr. GiLmore, the guy in the black shirt --(page139)

1 side.
2 MS. KIES: Okay. Why don't you have a seat.
3 BY MS. KIES:
4 Q And so -- did my client remain right in that general
5 vicinity of the area I believe that's next to the cash
6 register when you went to get. the gin?
7 A No. No, ma'am.
8 Q You said before in your testimony that you backed up
9 while you went to get the gin?
10 A Yes.
11 Q And that's because you had a funny feeling?
12 A Yes.
13 Q But it was for no other reason? My client didn't make
14 any motions at you prior to you going to get the gin,
15 or he didn't say anything that would provoke you to
16 think that something was going to happen, it was just
17 a funny feeling; is that right?
18 A But the minute I went to get the gin, as I was walking
19 backwards, he rushed me. He came towards me.
20 Q Okay. Let's clarify. You backed up to get the gin as
21 I'm backing upright now; is that right?
22 A Yes.
23 Q All right. And you went toward the gin. Was it on
24 the top shelf, middle shelf?
25 A It was like face level.
(page175)
1 Q At face level with you?
2 A Yes.
3 Q And approximately how tall are yon, sir?
4 A I'm 5'10" and a half.
5 Q Okay, all right. So you stepped back to get the
6 Tanqueray gin, and my client came with you behind the
7 counter; is that right?
8 A I didn't get to get the gin, no.
9 Q Okay. At the point in time when you were heading
10 toward the Tanqueray but didn't get to tire Tanqueray,
11 you did have your gun on you; is that right?
12 A Yes, I did.
13 Q At that point in time --- by the way, this is your gun;
14 is that right?
15 A Yes, ma'am.
16 Q Exhibit Mo. 7 You've identified this black gun as
17 yours?
18 A Yes, ma'am.
19 Q And this is a forty caliber gun7
20 A Yes.
21 Q I'm not good with guns, sir, but this is a Clock; is
22 that right?
23 A Yes.
24 Q And this is the same as police -- police officers
25 carry or if you know?
page 176
1 A Well, I suppose,
2 Q Suppose? Okay. All right. Where did you purchase
3 this gun at, sir?
4 A Jay's Sporting Goods in Menomonee Falls.
5 MR. MAGOWAN: Objection, irrelevant.
6 THE COURT: It isn't relevant. The answer
7 may stand.
8 BY MS. KIES:
9 Q And you had that gun on you on your left hand side.
10 Are you right handed or left handed'?
11 A I'm right handed.
12 Q So as soon as you started backing up, it's a fair
13 statement to say you pulled that gun out; is that
14 right?
15 A No, I didn't.
16 Q How far did you back up or how far did yon get before
17 you pulled that gun out?
18 A Oh, he was on on me before 1 get to pull the gun. He was
19 already on me. And that's what:, you know, that's when
20 I pulled the gun out. But he already was wrestling
21 with me, and then that's when I draw.
22 MR. MAGOIVAN- The record should reflect when
23 he says "he", he indicated toward Mr. Gils.
24 THE WITNESS: Yes.
25 THE COURT: It sha1].
MS. KIES: Okav
BY MS. KIES:
Q You say that Mr. Gils was wrestling with you; true?
A Yes.
Q And he was wrestling --when he was wrestling with
you, did he go towards your hands, did he go towards
your face, where did he go?
A Like I say, he jumped me, and that's when I draw.
That's when I pulled the gun. And when he saw the
gun, that's when he grabbed my hand so we was
w r e s 1 i n g for t h e gun.
Q So you were wrestling over the gun? You were fighting
over the gun?
A Yes.
Q And the gun was loaded; is that true?
A Yes, it was;,
Q When you held up that gun and you guys were wrestling
in that fight, the clip fell out; didn't it?
A Yes.
Q And that's kind of embarrassing; isn't it?
A Yes, yes. Very.
Q Okay.
A Very.
Q You said you were wrestling In relationship to where
the cash register is, the first cash register where I..( page 148)

exhibit 15

2007-11-03T13:56:00.000-07:00

EXHIBIT
15
1 the exhibits, could we have, a side bar?
2 THE COURT: Yes,
3 (Whereupon a side bar conference was held
4 out of the hearing of the jury.)
5 BY MR. MAGOWAN:
6 Q Mr. Claudio, I'm going to show you an exhibit which
7 is -- well first of all, let me ask you a question.
8 Once they left, what happened then?
9 A I called 911.
10 Q And shortly thereafter, did some police arrive?
11 A I didn't hear you.
12 Q Shortly after you called 91:1, did the police arrive?
13 A Yes.
14 Q And did some paramedics or ambulance come?
15 A Yes.
16 Q And were you taken to a hospital?
17 A Yes, I was.
18 Q Do you remember which hospital you were taken to?
19 A St. Michael.
20 Q And were you treated at St. Michael's?
21 A Yes.
22 Q And did you receive some stitches?
23 A 210.
24 Q And as a result of these injuries at. the scene were
25 you bleeding a lot?
148

exhibit 16

2007-11-01T13:57:00.000-07:00

In this exhibit , a scan of the emergency report shows Mr Claudio had 150 stitches.