1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO ST ATE OF CALIFORNIA,) AFFIDAVIT FOR SEARCH WARRANT 2 3 4 5 6 7 (ss. COUNTY OF SAN DIEGO) I, J. Pearsley, do on oath make complaint, say and depose the following on this 27th day of March, 2012: that I have substantial probable cause to believe and I do believe that I have cause to seize, view, forensically examine and search: 8 9 10 LOCATION, PROPERTY, AND/OR PERSON[S] TO BE SEARCHED A. The premises and all parts therein, including all rooms, safes, storage areas, containers, surrounding grounds, trash areas, garages and outbuildings assigned to or part of the residence located at El Cajon, California, County of San Diego; the residence is 11 13 14 15 16 17 described as a two-story single family dwelling, located on the north side of Skyview Street, east of the intersection of Emerald Avenue. The house is primarily white stucco exterior with gray asphalt type roof shingles, blue trim, with the address numbers in black lettering on white ceramic type backing surrounded by a black metal type frame located to the west of the front door, with a white in color garage door on the east side of the house facing to the south, a brick type chimney on the west side ofthe house, with no fencing or gates impeding access to the back yard on either side of the house from B. 18 19 20 21 . 22 23 And the vehicle, a 2002 Ford Explorer, California License Plate , white in color, registered to Shaima Alawadi at in El Cajon. 25 26 27 C. And the vehicle, a 1996 Nissan Quest, California License Plate red or maroon in color, registered to Kassim Irzoqi Kadhim Alhimidi at in El Cajon. 28 -1- 2 3 4 5 6 7 ITEMS TO BE SEIZED For the following property, to wit: 1. Jewelry that may belong to the victim, specifically earrings that match the earring that was found at the location where the victim was found. 2. Any Handwritten or typed notes that may contain threats or hate-crime related content, paper stock, hand written samples, and tom paper that can be compared to the tom paper note collected from the residence on March 21 st 2012. 3. Evidence related to the blunt force injuries to the victim, including impact weapons or items that could be used as a weapon to cause blunt force injuries, specifically items that are similar to a tire iron, that can be described as having a striking edge that is narrow in width and made of a hard material, clothing or objects bearing blood or blood stains, human hairs, tissue and secretions. 4. Any electronic data processing and storage devices, computers and computer systems including central processing units, internal and peripheral storage devices such as USB device, fixed disks, floppy disk drives and diskettes; tape drives and tapes, optical storage; software and hardware instruction manuals whether stored on paper or magnetic media such as tape, cassette, disk, diskette, or memory storage devices such as optical disks and to include any mobile handheld devices such as cell phones, mp3 players, tablet style computers. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. Documents and effects which tend to show dominion and control over said premises, including fingerprints, clothing, handwriting, documents and effects which bear a form of identification such as a person's name, photograph, Social Security number or Driver's license. 26 27 28 -2- 1 AFFIANT'S QUALIFICATIONS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I am a peace officer employed by the EI Cajon Police Department (hereafter ECPD) and have been so employed for over approximately 15 Yz years. During this time, I have been assigned to Patrol, Gang Suppression Team, Felony Intervention Team, Psychiatric Emergency Response Team, Crisis Negotiation Team, and in the Traffic Division as a Hit and Run Investigator and Collision Reconstructionist, and am currently assigned to the Investigation Division, Family Protection Unit for approximately the past 6 years. I have over 800 hours in P.O.S.T. certified hours in Law Enforcement training, including I.e.I. training in the Core Course, Homicide Investigation, Child Abuse Investigation, Advance Child Abuse Investigation and Sexual Assault Investigation. I have received a basic P.O.S.T. certificate from the Southwestern Basic Academy and have since obtained an Intermediate and Advanced P.O.S.T. Certificate. During my career, I have investigated approximately over 300 cases involving child abuse/molest allegations. As a result, I have interviewed suspects and other persons related to the above-mentioned crimes and have become familiar with the methods in which these crimes are committed. I have received formal training and have investigated cases concerning child molestation, child pornography, sexual assault, and physical abuse. PROBABLE CAUSE On March 21 st 2012 at approximately 11:11 A.M., the Heartland Fire and Rescue received a transfer call from California Highway Patrol reference a 911 call related to an incident at in E1 Cajon. March 21 st 2012 at approximately 11:14 A.M., the EI Cajon Police 21 22 23 24 25 26 27 28 Department Communication Center received a call from Heartland Fire and Rescue requesting the police respond with the fire department to a medical aid call at in EI Cajon. The EI Cajon Police officers at the scene obtained information that a neighbor living in the house to the west of the victim's house, , had observed a dark skinned male, in late teens or early 20's, 5feet 7 inches in height, 150 lbs., skinny build, with a dark blue or black hoodie, carrying a brown donut shaped cardboard box run west from the area of the victim's house and was last seen northbound on Emerald Avenue. -3- 1 2 3 4 5 6 7 The victim, Shaima Alawadi, and her juvenile daughter, Fatima Alhimidi, were the only known persons to be inside the house during the incident. Fatima Alhimidi told police she heard the victim squeal. After approximately ten second Fatima Alhimidi heard the sound of glass breaking. Fatima Alhimidi told police she thought the victim had dropped a plate. After hearing the noise, there was approximately 10 minutes delay before Fatima Alhimidi discovered the victim on the ground inside the house of in the area east of the kitchen, near a computer on a desk. The victim was bleeding from the nose and mouth. Fatima Alhimidi called 911 using her cell phone On March 21 st 2012 at approximately 7 :22 P.M. a telephonic search warrant was obtained from Honorable Judge SO, San Diego Superior Court, Downtown San Diego. The warrant was executed on 03-21-12 at 7:40 P.M. for the address of California License Plate and the vehicle with 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Among the items obtained at the scene was one earring located in the area of the victim with what appeared to be blood on it. The matching earring was not located at the area were the victim was found and was not located with the victim at the hospital. Information obtained from interviewing family members was that the victim usually wore four earrings. On March 24th 2012, the victim died as a result of her injuries. An autopsy was conducted on March 25 2012 and more information was obtained regarding the cause of death. The injuries were possibly caused by an object similar to a tire iron which can be described as having a striking edge that is narrow in width and made of a hard material. The Medical Examiner stated that the victim had at least four fractures to the skull. There were at least six hits to the head and the assault was extremely violent. The Medical Examiner office listed the cause of death as homicidal violence, pending completion of the final examination. On March 26 2012, I was informed that the San Diego Sheriff's Crime Laboratory had determined that the hand written note that was collected at the scene on March 21 st 2012 was a copy and was not an original. I was informed by Det. Baldwin that a relative of the victim had said that the victim was planning on divorcing her husband and moving to the state of Texas. During a -4th th search of the victim's vehicle on March 21 sl 2012, there was Dissolution Packet and Request to 2 3 4 5 6 7 8 Waive Court Fees paperwork. The Dissolution Packet was not filled out but the Request to Waive Court Fees had the victim's name, address and phone number hand written in the request form. Records showed that on November 3 rd , 2011, Fatima Alhimidi was contacted reference a call of two people possibly having sex in a car. Police contacted Fatima Alhimidi and a 21 year old male, Rawnaq Yacub, in a parked car. Fatima Alhimidi mother, Shaima Alawadi, was contacted by police and drove to the location. Shaima Alawadi drove Fatima Alhimidi to the 800 block of North Mollison, when Fatima Alhimidi said "1 love you mom", opened the vehicle door and jumped out while the vehicle was doing approximately 35 miles per hour. Police responded and Fatima Alhimidi was transported to the hospital with multiple injuries including a possible broken arm. Police were informed by paramedics and hospital staff that Fatima Alhimidi said she was being forced to marry her cousin and did not want to do so she jumped out of the vehicle. Police placed a 5150 W.I. hold on Fatima Alhimidi and she refused to talk to police at the hospital. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- OPINIONS AND CONCLUSIONS It has been my training and experience with other homicide investigations that 1 have been a part of, that there can be trace evidence, weapons hidden or left at the scene. The vehicle listed above as (B), a 2002 Ford Explorer, California License Plate white in color, registered to Shaima Alawadi at in E1 Cajon, was located in the driveway on March 21 st 2012. Since the incident, the victim's husband, Kassim Alhimidi, has been seen driving this vehicle. The vehicle listed above as (C), a 1996 Nissan Quest, California License Plate red or maroon in color, registered to Kassim lrzoqi Kadhim Alhimidi at , in EI Cajon, was not at the house when police initially arrived. It has also been seen driven by victim's husband, Kassim Alhimidi, since the incident. Due to the whereabouts of the husband of the victim, Kassim Alhimidi, being unconfirmed at the time of the incident, it is requested that the vehicle registered to him be searched for the above items. Since Kassim Alhimidi has also been seen driving the vehicle registered to the victim, it is requested that the victim's vehicle be 2 3 4 5 6 searched for the above items. Based on my training and experience, I have learned that suspects will often transport evidence in their vehicles to be disposed of at a location away from the crime scene. Suspects have also temporarily hidden evidence immediately after an incident of crime near or at the crime scene. Suspects may then recover the evidence later and transport the evidence away from the crime scene. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Items listed above as (1) Jewelry that may belong to the victim, specifically earrings that match the earring that was found at the location where the victim was found; are because of the fact that a single earring was located in what appeared to be blood in the area where the victim was found inside the house. Information from family members included that the victim usually wore four earrings. It is requested that the locations (A), (B) and (C) be searched to attempt to locate the matching earring to the one located at the crime scene and also the other pair of earrings the victim usually wore. Items listed above as (2) Any Handwritten or typed notes that may contain threats or hatecrime related content, paper stock, hand written samples, and torn paper that can be compared to the torn paper note collected from the residence on March 21 st 2012; are because of the allegations that the family has received prior handwritten notes that suggest a possible hate crime offense. Also a handwritten note was located at the scene that the family denied seeing before. The note was not an original handwritten note, but a copy. The note found at the scene was torn. It is requested that a search be granted to attempt to locate the original note and the missing torn piece of paper that would match the note found at the crime scene. It is also requested to search for any paper stock that could match the type of paper that the note was on at the crime scene. Items listed above as (3) Evidence related to the blunt force injuries to the victim, including impact weapons or items that could be used as a weapon to cause blunt force injuries, specifically items that are similar to a tire iron, that can be described as having a striking edge that is narrow in width and made of a hard material, clothing or objects bearing blood or blood stains, -6- 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 human hairs, tissue and secretions; are because of additional information provided by the Medical Examiner's Office as a result of the autopsy ofthe victim done on March 25 th , 2012, to include a more specific description of the possible object used to cause the injuries to the victim. Items listed above as (4) Any electronic data processing, storage devices, computers and related electronic items; are because the note located at the crime scene was found to be a copy. It is possible that the victim or family members had received electronic threats through email, chat rooms, blogs, social networks or other electronic data processing and storage devices. During the initial investigation and telephonic search warrant executed on March 21 S\ 2012, a text message was discovered from the cell phone belonging to the daughter of the victim, Fatima Alhimidi, on March 21 S\ 2012 at approximately 2:53 P.M. The text was sent on Fatima Alhimidi's cell phone during the time frame that she was being interviewed by police. The text read "The detective will find out tell them cnt talk". Based on my training and experience, text messages are often typed with abbreviations or have typing errors due to the small keyboards or touch screen keyboards. In my opinion, it is possible that "cnt" is short for or is a typing error for "can't". To seize, view, forensically examine and search ofthe above electronic devices could provide more evidence and identification of the second unknown person that the daughter is communicating with. It is also requested that the above items be seized, viewed, forensically examined and searched to find evidence of the yet unknown suspect(s) and or any further evidence ofthreats made to the victim or the victim's family. Pursuant to People v. Hobbs (1994) 7 Ca1.4th 948, I respectfully request this affidavit and warrant, and the previous telephonic search warrant be sealed pending further order of court. Without sealing, this affidavit and warrant, and the previous telephonic search warrant become a matter of public record within ten days (Penal Code section 1534(a)). The sealing requested herein, however, is not based on denying discovery to the defendants when and if they are charged, but is being requested to merely prohibit public disclosure which could surely undermine the continuing investigation herein and could jeopardize individuals cooperating with law enforcement in this case. In addition, due to the sensitive nature ofthe matter and possible privacy -7- invasion of the defendants and witnesses herein, to include the juvenile daughter who admitted to 2 being inside the house when the victim was located, I request the court order sealing of the warrant and documents in support thereof pending further order of court. 3 4 5 6 7 Therefore, based on my training and experience and the above facts, I believe that I have substantial cause to believe the above described property, or a portion thereof, will be at the above described premises when the warrant is served. Based on the aforementioned information and investigation, I believe that grounds for the issuance of a search warrant exist as set forth in Penal Code 1524. 8 9 10 11 12 13 I, the affiant, hereby pray that a search warrant be issued for the seizure of said property, or any part thereof, from said premise, good cause being shown therefore, and that the same be brought before this magistrate or retained subject to the order of this Court. 14 15 16 This affidavit has been reviewed for legal sufficiency by Deputy District Attorney D.D.A. Gordon Davis Given under my hand and dated this ZZtllof March 2~ ~ 17 18 19 Subscribed and sworn to before me this ';;)day of March 2012, at ~~ 20 21 22 01'i2 8'p.m. 23 24 25 Judge of the Superior Court 26 27 28 -8- IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, 2 3 4 COUNTY OF SAN DIEGO SEARCH WARRANT {~.:.~ 6~' .,:~\ \::._:> \ .... /./.~. :--,\ . ..., 1 // ~., - \ \,~\. <:' ~ i . i ; 5 6 The People of the State of California, to any peace officer in the County of San Diego: Proof, by affidavit, having been this day made before my by 27th day of March, 2012, a peace officer employed by the EI Cajon Police Department, that there is substantial probable cause pursuant to Penal Code section 1524 for the issuance of the search warrant, as set forth in the affidavit attached hereto and made a part hereof as is fully set forth herein, you are, therefore, commanded to make search at any time of the day or night, good cause being shown therefore; 7 8 9 10 11 12 LOCATION, PROPERTY, AND/OR PERSON[S] TO BE SEARCHED A. The premises and all parts therein, including all rooms, safes, storage areas, containers, surrounding grounds, trash areas, garages and outbuildings assigned to or part of the residence located at t, EI Cajon, California, County of San Diego; the residence is 13 14 16 17 18 19 described as a two-story single family dwelling, located on the north side ofSkyview Street, east ofthe intersection of Emerald Avenue. The house is primarily white stucco exterior with gray asphalt type roof shingles, blue trim, with the address numbers " " in black lettering on white 20 21 ceramic type backing surrounded by a black metal type frame located to the west of the front door, with a white in color garage door on the east side of the house facing to the south, a brick type chimney on the west side of the house, with no fencing or gates impeding access to the back yard on either side of the house from Skyview Street. B. And the vehicle, a 2002 Ford Explorer, California License Plate , white in color, registered to Shaima Alawadi at in EI Cajon. -1- 22 23 24 25 26 C. 2 3 And the vehicle, a 1996 Nissan Quest, California License Plate red or maroon in color, registered to Kassim Irzoqi Kadhim Alhimidi at t in EI Cajon. , 4 5 6 ITEMS TO BE SEIZED For the following property, to wit: 1. Jewelry that may belong to the victim, specifically earrings that match the earring that was found at the location where the victim was found. 2. Any Handwritten or typed notes that may contain threats or hate-crime related content, paper stock, hand written samples, and tom paper that can be compared to the tom paper note collected from the residence on March 21 st 2012. 3. Evidence related to the blunt force injuries to the victim, including impact weapons or items that could be used as a weapon to cause blunt force injuries, specifically items that are similar to a tire iron, that can be described as having a striking edge that is narrow in width and made of a hard material, clothing or objects bearing blood or blood stains, human hairs, tissue and secretions. 4. Any electronic data processing and storage devices, computers and computer systems including central processing units, internal and peripheral storage devices such as USB device, fixed disks, floppy disk drives and diskettes; tape drives and tapes, optical storage; software and hardware instruction manuals whether stored on paper or magnetic media such as tape, cassette, disk, diskette, or memory storage devices such as optical disks and to include any mobile handheld devices such as cell phones, mp3 players, tablet style computers. 5. Documents and effects which tend to show dominion and control over said premises, including fingerprints, clothing, handwriting, documents and effects which bear a form of identification such as a person's name, photograph, Social Security number or Driver's license. -2- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 With respect to computer systems and any items listed above, the peace officers are authorized to 2 3 4 transfer the evidence to a Law Enforcement Agency location prior to commencing the search of items. Furthermore, said search may continue beyond the ten-day period beginning upon the issuance of this Search Warrant, to the extent necessary to complete the search on the computer system and any items listed above. 5 6 7 and if you find the same, or any part thereof, to bring it forthwith before me at the Superior Court of the State of California for the County of San Diego, or to any other court in which the offense in respect to which the property or things is triable, or retain such property in your custody, subject to the order of this Court, pursuant to section 1536 of the Penal Code. Given under my hand and dated this 8 9 10 11 12 Jlili day of March 13 14 a@uperior Co 20ivd rt 15 16 17 18 19 20 21 22 23 24 25 26 27 -3-