Oct. 11, 2011
From Caught Between The Bars by Floyd Dino Barnes


Question: "Fairly clearly?"
Answer: "Yes."
Question: "It wasn't like it was daytime?"
Answer: "Right."
Question: "Michael Land pulls up pretty much all the way to the camaro, lights are off. What happens at that point, Miss Terry?"
Answer: "Dino walked out, I don't know from where, from the side of the trailer somewhere, and they started arguing."

See Reporter's Transcript page 143, attached hereto as EXHIBIT "O".
It is clear from reviewing the interview report of Ms. Sarah Terry, by Detective Janet Ryzdynski on May 28, 1999, on page 8 of that report. That Ms. Terry "did not see" Michael Land drive up nor get out of his car, as Ms. Terry testified to. In fact, Ms. Terry states in the report, "SHE DIDN'T EVEN KNOW MICHAEL LAND HAD GOTTEN THERE YET BECAUSE HIS CAR WAS SO QUIET."
See Interview of Sarah Terry at: Via phone on: May 28, 1999 by Janet Ryzdynski, Detective Sheriff's Homicide Detail, on page 8, attached hereto as EXHIBIT "P", which states:

Question: "And what drew your attention was hearing Mike..."
Answer: "Um-hmm..."
Question: "And Dino argue..."
Answer: "Yeah, I heard 'em, I heard a fight. I didn't even know Mike had been here yet because his, you know, his car was so quiet."
Question: "Okay. So you hadn't seen Mike before that?"
Answer: "No."
Question: "Okay, so when you heard them fighting and you looked, you could see that it was Mike who..."
Answer: "Yeah, I knew."
Question: "Was Dino fighting with..."
Answer: "It was Mike. Well, because I knew that Mike was already gonna be coming out."

See page 4, attached hereto as EXHIBIT "P", which states: (Lighting)

Question: "Okay. So he is standing there with his jacket pulled back when Dino stabbed him?"
Answer: "No. He moved his arm, I couldn't really see 'em that much anymore. Because he went into shadow..."
Question: "Uh..."
Answer: "It was..."
Question: "huh..."
Answer: "dark. (cough) And then, uh, (clears throat) Dino just pulled a knife and stabbed him."

See page 10, attached hereto as EXHIBIT "P", which states:

Question: "Okay. And did they kinda stay in the same position?"
Answer: "No. They started arguing, um, up here by Bonnie's house."
Question: "Okay."
Answer: "And then, I don't know, I, I didn't see how they ended up down there."
Question: "Okay. Down where he actually got stabbed?"
Answer: "Yeah."

During direct examination, by prosecutor Daniel G. Lawborn, the following testimony was elicited from witness Mr. David Friese, knowing it was false and misleading to obtain a conviction in this case.

Question: "You answered the phone. The person on the other end was Michael Land?"
Answer: "Yeah."
Question: "What did Michael Land say to you?"
Answer: "He just wanted to talk to Dino as soon as possible."
Question: "Did you leave him on the phone or did you say I'll—?"
Answer: "No. I hung the phone up and I told him that I would get Dino and that he'd call him back."
Question: "After you hung the phone up, what did you do?"
Answer: "I went down to Sarah's trailer and I told Dino that there was a phone call for him from Michael."
Question: "What was Dino Barnes's response to that, if you recall?"
Answer: "He said, 'Okay, thanks. I'll call him back.'"
Question: "What did you do then?"
Answer: "Basically, went up to Bonnie's trailer and started watching TV."
Question: "There was a group of you watching TV?"
Answer: "Yes."
Question: "Were you watching some of those movies?"
Answer: "Probably so, yeah. I kind of wasn't paying too much attention to the TV. I was talking and watching TV and—"
Question: "Now, as far as that phone call, did you ever see a response by Dino Barnes to that phone call from Michael Land?"
Answer: "No, not at first."
Question: "What happened next?"
Answer: "Well, when I was up at the house, Dino called him back."
Question: "When Dino called him back, you where there. Is that correct?"
Answer: "Well, yeah. I was sitting in the living room. But I wasn't paying too much attention to his conversation. I was kind of watching TV. I heard a few words here and there, but—"
Question: "That portion of the phone call that you were able to hear, what was Mr. Barnes saying?"
Answer: "Well, basically, he was trying to tell Mike to come down. He was talking about—something about guns, and that's basically what I heard, you know."
Question: "What was Mr. Barnes saying about guns to Michael Land?"
Answer: "Well, I think he was talking to Mike, trying to bring him down to the property, to tell him that they were going to take some guns together, I believe."
Question: "Was that a long conversation?"
Answer: "It was about 15 or 20 minutes."
Question: "When Mr. Barnes got off the phone, did he talk to you as a group?"
Answer: "No, not really."

See Reporter's Transcript pages 203, 204, 205, attached hereto as EXHIBIT "Q".

Prior to eliciting the above false and misleading testimony, the prosecutor actually solicited the following perjury from witness Mr. Friese, knowing the testimony to be false:

It is clear from reviewing the interview report of Mr. David Friese, by Detective William Donahue and Carl Bloemendaal on May 27, 1999 on page 15,17, of that report that Mr. David Friese "did not hear" any conversation between petitioner and Michael Land, as Mr. Friese testified to.

See Interview of: David Friese, on May 27, 1999 by: William Donahue, Detective Sheriff's Homicide Detail and Carl Bloemendaal, Detective El Cajon Police Department, on page 15, 17, attached hereto as EXHIBIT "R", which states:

Question: "After the first call?"
Answer: "Right."
Question: "Okay."
Answer: "And I went down there and I called him again. He came up and he talked to Mike on the phone. And evidently, uh, he talked for a long time this time. I don't know how long exactly, coulda been like fifteen minutes to a half an hour."
Question: "How long did he talk the first time on the phone with him?"
Answer: "Very, it wasn't very long. It was probably ten minutes."
Question: "And, again, did you overhear any of the conversation?"
Answer: "No."
Question: "Okay."
Question: "As far as what you saw Michael Land coming up, tell us what you remember seeing."
Answer: "Just that he got out of his vehicle, and Dino and him started talking."
Question: "Okay, let's stop for a minute. I want to make sure these are things that you're seeing as opposed to what you're hearing about."
Answer: "Yeah. Yeah."
Question: "Okay. You see Michael Land drive up."
Answer: "Yeah. I see him drive up. I see him get out of the car. He starts to talk to Dino. Dino turns around to me. He said, 'Dave, you can go in the trailer. Everything will be fine.' I go in the trailer. That's about, basically, it right there."
Question: "At that point in time as far as Michael Land, anything aggressive about him? Is he going after Mr. Barnes?"
Answer: "No, not at that time. See, but when I went inside, that's where everything else—you know, I don't know what happened out there at the time. You know what I mean?"

See Reporter's Transcript pages 206, 207, 208, attached hereto as EXHIBIT "T".

Prior to eliciting the above false and misleading testimony, the prosecutor actually solicited the following perjury from witness Mr. Friese, knowing the testimony to be false. The prosecution offered this false testimony for the purpose to be totally inconsistent with petitioner's version of events.

It is clear from reviewing the interview report of Mr. David Friese, by Detectives William Donahue and Carl Bloemendaal on May 27, 1999, on page 22, 24, 25, 54, 55, 56, of that report that Mr. Friese "did not see" Michael Land drive up, as Mr. Friese testified to:

Question: "Confrontation."
Answer: "And then he said, 'Well, that, that punk thinks I would really, uh, you know, have anything to do with rippin' Bonnie then he's nuts.' He goes, 'I wanna confront him and, uh, and sound on him, and, uh, see what he has to say.' He goes, 'I, you know, I don't want anything to get outta hand, okay.' Uh,"

—To be continued


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