Suspect says he saw Lindsey's shooting

Witness testimony in the trial of Utica police Officer Thomas Lindsey's accused killer ended Tuesday with both sides driving home key crucial points of their arguments.

For the prosecution, a video-recorded June 6, 2007, interrogation highlighted inconsistencies in Wesley Molina-Cirino's story that led police to conclude he shot Lindsey during a traffic stop on Neilson Street last April.

For the defense, however, the trial's final two witnesses underscored the defense's doubt that Sammy Rivera was behind the wheel of the red Neon Lindsey stopped shortly before being shot.

Molina-Cirino, 24, of Utica, is charged with aggravated murder in Lindsey's death, and jurors are expected to begin deliberations today in Oneida County Court following closing arguments.

On Tuesday, the jury was shown clips from the recorded June 6 interview between Molina-Cirino and state police Investigator Samuel Serrano.

Serrano pointed out several significant aspects of Molina-Cirino's interview:

* Molina-Cirino consistently said any knowledge he had of Lindsey's shooting came from Rivera's relative named Indio and Jose "Mojon" Cirino. Jose Cirino shot Lindsey, Indio told the suspect, and Jose Cirino showed Molina-Cirino the gun he used.

But as Serrano became more "accusatory," Molina-Cirino changed his story and said he actually saw Jose Cirino shoot Lindsey.

Serrano then choked up on the stand as he reacted to Molina-Cirino's video-recorded demonstration of how Lindsey was shot.

* Molina-Cirino's story evolved further as he placed himself closer and closer to Lindsey's shooting.

Molina-Cirino initially said he watched the shooting from about two blocks away. But after Serrano accused him of lying, Molina-Cirino said he was close enough to see inside Lindsey's patrol vehicle and to hear Lindsey talking to Rivera, Serrano said.

After Molina-Cirino admitted he was there, "He cried," Serrano said. Then Molina-Cirino said he asked for forgiveness that night because of what he witnessed, Serrano recalled.

However, Molina-Cirino repeated more than 100 times, "It wasn't me," Serrano said.

* Molina-Cirino acknowledged he had a "falling out" with Rivera over Rivera's girlfriend, yet he said police were wrongfully accusing Rivera of shooting Lindsey.

But, prosecutors noted, Molina-Cirino still said Rivera was involved with Indio and Jose Cirino in a plot earlier that night to kill somebody. Molina-Cirino also told Serrano he had been riding in Rivera's car with all three men while they plotted.

Indio was never called to testify during the trial.

Defense witnesses

Defense attorney Rebecca Wittman called three witnesses to the stand.

Of those witnesses, two men remodeling 1120 Neilson St. the night of Lindsey's shooting described the driver of the red Neon in a way that did not match Rivera's appearance. As they watched the noisy red car "spitting and sputtering" away from the scene, they noticed the driver was a heavy-set Spanish man with curly, bushy hair.

"The driver was so big he would have fallen out of the car if the seat wasn't back," Michael Amond said.

Amond and the other witness initially told police they didn't see anything, but each then gave a statement to police the following day, they said.

Observer-Dispatch