Free Motion for Protective Order - District Court of Federal Claims - federal


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Preview Motion for Protective Order - District Court of Federal Claims
Case 1:05-cv-00186-FMA
1 2
3
MR. HOROWITZ:
No; I didn't.
I

Document 33-4
49

Filed 02/12/2007
A

Page 1 of 13
51

think she

1 2
3 4 5 6

No. At the time
I

I

didn't know anybody in Chicago.

misunderstood the question. The question was -MR. WEBB: You can make an objection then to the

Q
A

Do you know someone now?

(
6

question. You should not be directing the witness as to

know -- well, my husband worked there, near there, so we have friends that are over there.
And on January 6th did you and your mom have any
conversations

what answers she should be providing.
MR. HOROWITZ:
I

Q

didn't. The question was, does

about your plan to join the Army?

7
8

she recall taking

a

pregnancy test and she's reading
ordered.
I

7
8

A

something that

is

Q
A

Yes. After got back from the hospital. What did you talk about?
She told me, she called the recruiting station to ask what shot I got, and she told me she was told that I

I

9

THE WITNESS: Like
n

said,

I

don't remember taking

9

10
11

10
MR. HOROWITZ:

She's already answered that

11

12 13 14 15

question.
MR. WEBB:
Right.

12
And you are free to object to

13 14
Q
A

wasn't going to the military. So whenever she told me, I called Kopf and I was trying to talk to him about it, but he mainly put me on hold.
On January 6th you called Kopf?

the question at this point.
MR. HOROWITZ:
I

didn't inquire of anything.

15
16

Yeah.
And what did you talk about?

16
17 18
Q

Document speaks for itself.
Were you concerned that your symptoms were the result of
vaccinations?
A I

Q
A

17
18 19

19

asked him why he told my mom that I wasn't going to the military. And he said, well, let me

Like

I

said,

I

20
21

didn't think nothing of it. My mom is the one that brought it up, and she said, well, you should -- she asked me what happened, so I told her and she said,
well, go in and see

20
21
Q
A

check your file and he put me on hold. And hold like 10 minutes.
Where did you
call

I

was on

him at?

22
23

what they say. So

I

went into the

22
23

At the recruiting station.
Did he ever take you off hold?

hospital and got checked out.
Q
A

Q
A

24

What

did happen?

24

ç
2
3

25

What do you mean?
50

25
1
a

Yeah he took me off hold and then he said, I'm still looking for your file and wait a minute and he put me on
52

Q
A

y" ioot ,,;d y"

told

yo", mom wh,t h'ppe",d?
I

hold again. And whenever he got back on he says,
I

I've

Well, she asked me -- because the MEPS in Sioux Falls.
How many shots did you get?
I

told her

I

got

shot at

2 3 4

got your file right here and I'll make corrections. And

4
5 6 7 8 9

Q
A

got one.
smallpox shot, and he said everybody

5
6 7 8
a

Q
A

Did they tell you what sort of shot it was?

was like, well if I'm going into the military, why are you lying to my mom, and he said, no, she misunderstood me, mainly stuttering. He didn't talk too much.
Q
A

told him,

I

He said it was

a

How long did you talk to Sergeant Kopf for?

was getting the shot for smallpox.
Q

Did you tell the doctor that you had gotten

smallpox

9

10
11
A

didn't talk to him for long. He mainly put me on hold and I waited a few minutes. I was on hold most of the
time.
What time was it when you called Sergeant Kopf?
I

I

shot?
I

10
I

think

mentioned it.

I

might have mentioned it, I'm
take any form of medication,

11

Q
A

12
13
Q

not sure.
On January

12

don't remember. Towards that afternoon, late

6,2003,

did you

13

afternoon.
Q

14
15
16 17
A

either over the counter or prescription?
I

14 15
16

After you talked to Sergeant Kopf, did you tell your mom
about that conversation?

know

I

took Tylenol.

Q
A

How much Tylenol?
I

A

can't remember.

17
18

18

Yes. She said, well, what are you supposed to do next. And I just sa id, like he said, I was supposed to wait
until April.
Did Sergeant Kopf ask you if you were pregnant?

Q

At that point on January 6th, did you have any future
career plans besides joining the Army?

19

19

Q
A

20
"

A

No.
I didn't

20
hear you.
21

r h23

No.
Did Sergeant Kopf make any additional calls to your

~
A

Q

No.
Did you have any plans to go to college?

22
23 24 25
Q
A

house?

Q
A

No.
MR. HOROWITZ:

24 25

No.
Did you have any plans to go to Chicago?

Let me object. When? Ever?

Q

I'll clarify, counsel.

13 of 39 sheets

On January 6th, after you spoke

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Case 1:05-cv-00186-FMA
1
2 3
A

Document 33-4
53
1

Filed 02/12/2007
house?
A

Page 2 of 13
55

with Sergeant Kopf, did Sergeant Kopf on that day make

any additional calls to your house?

2
3

Unannounced? Yeah, because he's never done that.
He didn't call before he came?

No.
On January 6th, did you have
a

Q
A

1('-- Q
1\_
6 7 8 9
A

boyfriend?

4 5
6 7 8 9

No.
What did you do after Sergeant Kopf arrived?

On January 6th? No.
Were you dating anyone?

Q
A

Q
A

He told me

I

needed to go to Sioux Falls to get things
I

No.
On January 6, 2003, were you at any place or any

Q

establishment where alcoholic beverages were sold or
served?
A

10
11

told my mom, I have to go back to Sioux Falls, so she told my dad to talk to him. She said, you're not going

cleared up. So
I

went inside, and

I

said, he said

10
11

No. They don't allow alcohol on the Reservation.
Were you at anyone's house where alcohol was present?

anywhere until we get some answers. So my dad went outside and he talked to him, and he told him that I had

12
13 14

Q
A

12 13
14
15 16 17 18
19
Q
A

to be resubmitted, that my paperwork had to be

No.
Did you have anything of an alcoholic nature to drink?

resubmitted, and that
I

I

would be back the next day.

Q
A

Were you standing outside?

15 16 17 18
19

No. At the time

I

didn't drink.

was inside with my mom.

Q
A

On January 6, 2003 did you take any drugs or narcotics?

Q
A Q A

Do you have any plans for January 7th?

No.

I

didn't do drugs either.

No.
Anything you had to rearrange to go to Sioux
Falls?
I

Q

Let's turn to the next day, January

7,2003.

On that

day how was your health?
A

20
21

It

was good.

I

was feeling

a

little bit better.

I

20
21
Q

He just -- anything I had to do? No. All grab a pair of clothes.
So what was your understanding
in

did was

slept through most of the night.
Q
A

of what needed to be done

22

Did you have any remaining sickness?

22 23 24
A

Sioux Falls?
I

23

Yeah.
I

I

was still feeling
did

a

little queazy, but not like

He just said
evaluation.

needed to resubmit
Kopf

a

height and weight

24

was before.

t~
r 2
A

Q

00 '00""'1 7th,

'I'" tok,

00'1

m,d',,"'",

,"hoc

OV::

25
1

Q

o;d

'I'" ""

5,'9""

'h,t 'I'" h,d .,,,,dy
56

the counter or prescription?
I

qualified at the MEPS station?
A

can't remember.

Probably Tylenol.

I

don't remember.
I

2 3

No,

I

didn't. Nothing like that came into my mind. He

3 4 5 6 7 8
9

Q
A

What happened on the morning of January 7, 2003?
I

explained that my paperwork got messed up and that he
ne-eded, it needed to be resubmitted.
Q

got up and went to go see my aunt, and when

was

4 5
6

walking back from her house we noticed that Kopf's car was in the driveway, and he was talking to my dad.
,

Did you show him any of the paperwork you had from the

last visit to the MEPS station?
A

Q A Q
A

Where does your aunt live?

7
8 9

No. He just told my dad that

I

needed to go back, so we

She lives

a

few houses away from me.

didn't really question it.
Q
A

What's her name?

What direction
East.

is

Sioux Falls from your house?

10
11

Noritta High Hawk.
When did she first see Sergeant Kopf?

10
11

Q
A

Q
A

What roads do you take to get there?
I

12
13

When we were walking to my house.
You said you saw his car.

12 13

Q
A

What color was it?
a

don't know the exact roads, but we usually get towards 1-90 and take it all the way to Sioux Falls.
How long were you planning to stay in Sioux Falls?

14 15
16
17
18

It

was green.
a

It

was like

Suburban kind of car.

14 15
16

Q
A

Q
A

Was it

government vehicle?

He said

I

would be back the next day.

Yes.
What's the first thing that Sergeant Kopf said to you?

Q
A

What did you bring with you?

Q
A

17
a

Just

a

pair of clothes.

He said that

I

had to go to Sioux Falls to resubmit

18
19

Q

How did you feel about traveling with Sergeant Kopf to
Sioux Falls?

19

height and weight evaluation, because my paperwork was
all messed up again.
Q

20
T

20
21

A

I

joked with him.

I

said, I'm not feeling good, so

I

Were you surprised to hear that?

~'L_A
23
24
25
Q

might throw up in your car.
Q

Well, at the time it gave an answer to my mom of why he
told her that
I

22
23 24

Were you worried that he would act like he did at the
hotel?

wasn't in the military.
I

He said the

paperwork got messed up and
PM

had to go back again.

A

No.
Do you have any family in Rapid City?
14 of 39 sheets

Did you think it was strange that he showed up at your

25

Q

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Q
A A

Document 33-4
57

Filed 02/12/2007

Page 3 of 13
59

I

have my Uncle Richard, but

I

don't know where he

1

no, they live this far out; I've been down road before.
And
I

lives.
Do you know your uncle's last name?

2
3 4
it

was pretty much quiet.

I

didn't know what to

1(<"

Black Elk.
Do you remember what time

1\
6

think. He would ask me questions, like he asked me, if somebody hid a body out here, how long do you think it
would take them to find it, or do you think they would
find it.
Q
A I

Q

was approximately when you

5
6

got into the Suburban with Sergeant Kopf?
A

didn't know what to think.

7 8 9

Around 9:20.
And what direction were you going when you got started
driving?

7 8 9
I

What happened next?

Q

There is another dirt road connecting with the dirt road

we were already on, and he turned
telling him,
I

on it, and I was

10
11

A

I

don't know directions.

just know he said he needed

10
11

don't think anybody lives out here, but
a

to go see somebody in Manderson, and that's kind of
north,
Q
A

he kept driving and he drove about

couple hundred

12

I

guess.

12
13
I

yards off the main dirt road, and he parked behind this
big hill.
Q
A

13
14

What road do you get on to go to Manderson?
I

don't know the roads.

I

know they're numbered.

14
15
16

How long had you been driving at that point?

15 16

don't know which -- we don't have street signs or
nothing.
Q
A

Couple miles.from the main road from Manderson.
And from the time you left your house until you arrived

Q

17 18
19 20
21

Is Manderson

in

the same direction

as Sioux Falls?

17
18
A

behind that hill, do you remember how long it was?

like

I

said,

I

really don't know directions. He just

No.

I

know it takes 10 minutes to get to Manderson from

said he needed to talk to somebody
Q
A

down that way.

19

Wounded Knee.
Q
A

What did you and Sergeant Kopf ta Ik about in the car?

20
21

Did you ask why you stopped?
I
a

Nothing.

He just asked me -- he told me, good morning,
I

asked what he was doing, and he said he wanted to get
chance to talk to me.

22
23

and asked me how

was doing; how

I

was feeling.

He

22
23
Q
A

told me that my mom and dad

were really concerned so he

And did you talk at that point?

24

wanted to clear up any trouble he might have caused.
Q
Did you

24
25

Yeah. He asked me if
He said he noticed
I

I

was still arguing with my dad.

~..
l'
2
3

talk about any family issues with him?
58

was sad lately. He said he wanted
60

(~
A

No.
Did you talk about anything that was causing you stress?

1 2 3
Q
A

to know what he could do to help make it better.
Did you say anything to Sergeant Kopf?
I

Q
A

No.
Did you mention any medication

just told him,

I

don't know what

I

can do to make it

4 5 6 7 8 9

Q

that you were taking, to

4
5

better. He tried to grab my hand, and he said he wanted
Q
A

Sergeant Kopf?
A

He asked me if
all
I

I

got prescribed anything, and

I

told him

6

to take care of me. What did you do when he grabbed your
I

hand?

was taking was the Tylenol.

7
8 9

pulled away.

I

got mad.

I

asked him what he was

Q

Did Sergeant Kopf mention the trip to Sioux Falls during

doing.
Q
A

your phone conversation
A

on January 6th?

What did he say?
He asked me if
I

10
11

No.
So the first yo'u heard of it was the morning of January

10
11

liked him. He was telling me that he

Q

felt
that

I I

was the only one that understood him and said
made him happy, so he wanted to make me happy.

12 13
A

7th?

12
13
in

Yes.
What happened next after you were driving
the car?

And he leaned over and tried to put his arm around me
Q
A

14
15
16

Q
A

14
15

We drove towards Manderson and he pulled onto this dirt
road called White Horse Creek.

and he said he wanted to take care of me. What happened next?
He was leaning on me, and he was trying to kiss me, so
I I

And it's
a

a

dirt road
I

16

17

where there's people that lived like
didn't think nothing of it, because
lived down that way.
Q
A I

mile down. And
a

17
18
19
Q
A

was pushing him away and telling him to stop, and he was
saying; come on,
Did he stop?

18
19

had

friend that

thought you liked me.

20

Had you been on that road before?

C'
""",

20
21

No, he started pulling at my sweater, and he was rubbing
his hand up between my legs, and he was pulling at my

Yeah. like
way.

I

said,

I

have

a

friend that lived down that

22
23
I

pants.
Q

23

Q
A

And what happened next?

Can you tell me what parts of your body that Sergeant

24
25

He drove past all the houses, and

was telling him,

I

24

Kopftouched?
A

didn't think anybody lived that far out. And he's like,

25

15 of 39 sheets

He was pulling at my legs and he was touching me between
12/22/2006 01: 13: 13 PM

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Case 1:05-cv-00186-FMA
1 2 3

Document 33-4
61

Filed 02/12/2007

Page 4 of 13
63

my legs, and his hand went up my shirt and he was grabbing my breasts, and he was licking me, and he was tugging on my ear, and his hand went under my shirt. I

1 2 3

it was wrong because he was my recruiter, because he was married, and he had kids. And he said, oh, that don't

C
6

4

matter, I'm going through
Q
A

a

divorce anyway.
I

was pushing him away, but he grabbed my hand and he put it behind my head, and he leaned on me, and I pulled for
the door handle, but the door was locked.
I

4
5 6

Did you talk about anything else?

I

was pushing

7 8
9
Q
A

wanted in the military. He said his job was to get people what they
wanted, and he said it didn't matter if he altered
paperwork or lied.

He told me he could get me anything

him away and telling him to stop, but he just said that

7
8 9
Q
A

was feisty, and he liked it.

Did your clothes stay on during this?

What happened next?
I

10
11

He unbuttoned my pants, and he was pulling at it.
Were any of your clothes torn?

10
11

told him

I

didn't care,

I

just wanted to

go home.

Q
A

Q
A

Did Sergeant Kopf ever threaten to harm you?

12

No.
Lavetta, help yourself to the Kleenex, if you want.
Did

12
13

Not outright.
Can you explain your answer?

13

Q

Q
A

14
15
A

you have any marks on your body?

14 15

Like

I

said, he mentioned if somebody were to hide
I

a

No.
Any bruises?

16
17

body out there, and
Q

didn't know what to think, because

Q
A

16
17

we were way in the middle of nowhere.
By this encounter did you suffer any physical harm?

No.
Any scratches?

18 19 20
21

Q
A

18 19 20
21
A

MR. HOROWITZ:

I

object as to form.

No.
Did you touch Sergeant Kopf?
I

What do you mean by physical?
Were any parts of your body hurt by Sergeant Kopf?

Q
A

Q
A

was pushing him away.
I

22

My whole body hurt.
Can you tell me what that means?
I

Q
A

Did Sergeant Kopf stop touching you?

22
in his seat

Q
A

23

Yeah. When

started crying. He sat back
I

23

24 25
Q

mean -- nobody imagines to be touched like that.
leave any marks on your

and he said. he thought it was what
Where was Sergeant Kopf sitting at?

wanted he.

24 25
62

Q

Did Sergeant Kopfs touching

I(~
A

body at all?

64

2 3 4 5 6

Q
A

He was sitting right next to me. Was he in the driver's seat?

1
2 3 4 5 6

A

No, not physical.
No bruises, red

Q
A

marks or scratches?

Yes.
Did he ever move out of the driver's seat?

(Nodding negatively).
On
a

Q
A

Q

scale of one to ten, could you tell me how afraid

Yeah. He climbed on his knees and he was leaning over

you were with ten being the most afraid?

me.
Q A

MR. HOROWITZ:
A

7
8 9

Object as to form.
I

Was there

a

divider between the seats in the Suburban?
I

7
I

I

was in shock. I

didn't know what to think.
I

didn't

I'm not sure.
me.

think there might have been one, but

8 9

know if he was going to leave me out there.

couldn't

think it was pushed up, because he was leaning right on
Q
A

10
11

move.
Q

10
in

Could you put it on the one-to-ten scale?
MR. HOROWITZ:
Object to form.
a

How long did this encounter
I

the Suburban last?

11

12
13

don't know. It seemed like forever.
was wearing
a

12

A

I I

can't really put it on

scale.

Q
A

What clothing were you wearing that day?
I

13
I

Q

14

am going to hand some documents to Jean.
(Exhibit NO.4 was marked for identification.)

pair of pants and
a

a

sweater, and

had

a

14
15
16
Q

15
16
17
18
Q
A

shirt under my sweater.
Do your pants have

These are your Answers to your First Set of

zipper?

Interrogatories.

Lavetta, please take

a

look at this.

Yes.
Did your sweater have any buttons?

17

Can you tell me what it is?
A

Q
A

18 19

19
20
2.'"

It's my answers to the questions that my attorney gave
me.
Can you look at page four?

No.

It was

a

pullover.

Q
A.

What happened next?
He sat back in his seat, and he said he thought it was

20
21

Q

Please read your response to

23

l,

yourself, and then tell me if there are any other facts

what
Q
A

I

wanted.

22 23
I

about what happened while you were in the Suburban with
Sergeant Kopf that either aren't in the response or that

And what happened after that?
I

told him what he was doing was 25 He asked me how it was wrong, so I told him that wrong. 12/22/200601:13:13 PM Page 61

24

was crying, and

24 25
to 64 of 120

we haven't talked about today.
MR. HOROWITZ:
I object.

You mean up to the time

16 of 39 sheets

Case 1:05-cv-00186-FMA
1 2 3
"'.

Document 33-4
65

Filed 02/12/2007
nobody there that
Q
A I

Page 5 of 13
67

of the assault? You don't mean post-assault in the
Suburban?
I

1
in the

knew.

mean, the question

is

what happened

2

How long did you stay at the store?

Suburban, was your question. I want to get
clarification.
Q

3 4
5 6 7 8
in

Just

a

few minutes.

l

Q

Were you nervous about getting back in the car with
Sergeant Kopf?

\ 6 7
8

Up to the point of what you have described so far. Is

there anything you want to add or change to your
response?
A

A

Yes.

was scared, but everything down on the Reservation is out in the middle of nowhere, and

I

I

No.
Is there anything else, besides what's included
your

9

Q

9

10
11

didn't have any place else to go. He told me that he was going to see my brother in Kyle at the high school,
so
Q
A I

response, and what you have said today, any other facts

10
11

got in with him.

you want to tell us about what happened in the Suburban

Which brother is that?

12 13
A

with ,Sergeant Kopf, up to this point?

12

Emerald.
How many brothers and sisters do you have?
I

No.
MS. CULLEY:
I'd like to go off record right now.

13 14
15
When

Q
A

14
15 16 17
18
Q

have four brothers and two sisters.

(A break was taken from 11:15 to 11:20.)
We will return to talking about January 7,2003.

Q
A

What are their names?

16
17
18 19

Daverine, Lloyd, Emmaline, Jeremy, Emerald and Jeffrey.
And the order of siblings where do you fit
in.

Sergeant Kopf started driving again, what's the first
stop that you made?
A

Q
A

at?

19

Common Cents store, in Sharp's.
Where's that at?

There's Daverine, Lloyd, Emmaline, Jeremy, me and then Emerald and Jeffrey.
Did you ask Sergeant Kopf to leave you at the

20
21

Q
A

20
21

Q

It's -Is
it
a

I

don't know roads.

convenience store?
A

22

Q
A

convenience store?
a

22
a

No, because

I

23
24
25

didn't have any place to go.

I

didn't

Yeah. It's

convenience store, and has

little

23

know what to do.
Q

community behind it.
Q A little town?

24

After you got back in the Suburban, what's the next stop

25
66

you made?
68

{i'
2 3 4
5

A

A

little community.
told him
I

1

A

My cousin Jackie's house.
How long had you been driving before you stopped at
Jackie's house?

Q
A

Why did you
I

Q
A

needed to go to the bathroom. What did you do after you arrived at the store?
I

went inside, and

stop?2
I

Q

3 4 5
A

About ten minutes.
Where does Jackie live?

was looking for one of my friends
I

Q
A

6 7 8
9

that worked there, and they weren't working, and
really, really sick, so
I

felt

6 7

She lives south of Kyle, and

I

don't know roads.

went to the bathroom
a

and I
I

Q
A

Does she live in the town of Kyle?

threw up.
crying and

I
I

was in there for

few minutes, and
I

was

8 9

No. The College Center is, she lives by the College

washed my face.
I

came out and Sergeant

10
11

Center, and it's about ten miles south of Kyle.
Q

Kopf was standing by the door. He asked me what took so
long and
I

10
11

Did you have any conversations with Sergeant Kopf while

told him

wasn't feeling good, and he said
Kyle.

you were driving?
A

12
13
14
Q
A

we were going to go to

12 13 14 15
16

I

didn't say anything. He was the one that was talking.
say?

Which door was Sergeant Kopf standing by?

Q
A

What did he

The Common Cents store.
The front door?

15
16

He was telling me that we had something, and he felt

Q
A

that he .knew me his whole life, and he felt that we were
connected spiritually.
Q
A

Yes.
Did you know anyone at the store?

17
18

Q
A

17

Did you say anything
I

in response to his conversation?

19 20
2,'"

said, one of my friends used to work there, but he wasn't working that day.
Did you talk to anyone at the store?
I

No. Like

I

18

didn't say anything.
I

I

just sat there.
I

19
20
21

Q
A

Did you ask Sergeant Kopf to take you to Jackie's house?

Q
A..

Yeah.

remembered where she lived.
I

don't go over
I

t"
23 24
Q

didn't know what to do.

I

was going to go outside and

there much, but

asked him to drop me off, and

try and walk some place, but he was waiting at the door.
I

22
23

pointed at her house. He got mad and he says; "Who
lives here, your boyfriend?" And I said, no, and I told him that my cousin Jackie lived there. And I asked him

think you might have answered my question, but did you

know anyone at the store?
A

24
25
Page 65 to 68 of 120

25

No. My friend worked

there, but at the time there was

17 of 39 sheets

how long he was going to be at the school in Kyle, and 12/22/200601:13:13

PM

Case 1:05-cv-00186-FMA
1
2 3

Document 33-4
69

Filed 02/12/2007

Page 6 of 13
71

hé said he was going to be there for about an hour. So I told him I didn't want to wait there an hour and asked
him to drop me off. He said, you're not going to take off on me, are you, and I told him, no. So he pulled
in, and Jackie's boyfriend, Shane, opened the door.
Q
A

1

nothing that the tribal cops can do to him. So what

I

2 3
4 5 6
Q
A

want you to do

is

write down

a

statement of what

happened and be sure to write down everything, because
your career in the military depends on it.
Do you remember who you talked to?

/^,.
'c.,

6 7
8

Did Sergeant Kopf get out of

the Suburban with you?

Sergeant Cost.

He said just fax it to me as soon as

No. Shane opened

so

I

the door and he came out on the steps, him if Jackie was there, so he said to come asked
I

7 8
9

9

possible and I'll get ahold of Kopf and tell him to get back up here, because he's AWOL. And I told him that he

in. So Kopf asked me if

was going to be okay there

10
11

and

I

said, yeah, and he said he would be back around
still in

10
11

was supposed to take me to Sioux Falls, and he said, I have your file right here that there's no reason for you
to go back to Sioux Falls. He said Kopf wasn't even
supposed to be on the Reservation today. He didn't show

1:30.
Q

12

Sergeant Kopf was
that?

the Suburban when he said

12

13
14
15
A

13

up for work. He said, right now he's considered AWOL
and
I

He didn't get out.
And you were sta,nding on the porch?
I

14 15
16
17
18 19
Q
A

know where he's at right now, so just fax that

Q
A

16
17 18

was 'walking towards the house.

statement up to me and we will deal with him when he gets back up here.
And did you fax that statement?

Q

Did you ask Sergeant Kopf when you would be able to go

to the MEPS station in Sioux Falls?
A

No.
What happened after you talked to your father on the
phone?

19

He told me he was going to take me after he visited
people in Kyle.
After you got to Jackie's house, did you ask him that
question?

Q

20
"21
Q

20
21
A

He called the cops and

a

22

police officer arrived, and he

22
I

23 24

A

No.

I

just seen Shane and

went inside.

23 24 25
70

wanted to take me to the police department in Kyle to take my statement, but I told her I didn't want to go to
Kyle, because he was over there. And my dad called the

Q
A

What did you do once you got inside?

~c

(

Jackie was in the back room, so I'told her what

school and told my brother what happened. My brother
72

1~'

2

happened, so she called Shane and Shane called up here to the recruiting station.
Q
A

1 2 3 4

was looking for him, but he didn't see him, and he said
he wasn't over there. And my brother said he was going
to meet me at the police station, so
Q
A
I

3 4 5 6 7 8 9

Was anyone else at the house?

got in the car

Just Jackie, Shane and her little boy.
What
I

with her and we drove to the station.
Were you still at Jackie's house at that
point?

Q
A

did you do next?
I

5

told her what happened, and

was sitting there crying
I

6

Yes.
What happened when you got to the
I

and she told Shane and so Shane asked me, so so he called up here.
Q
A

told him

7
8 9

Q
A

police station?

Did you call anyone?
I

10
11

wrote my statement down, and both my aunts, Carol and Noritta and my sister Daverine
showed up. My brother Emerald was there, but
I

got put in

a

room and

I

didn't know how to tell my dad, so
I

I

just called my

10
11

didn't
I

Aunt Noritta and

told her. And my other Aunt Carol

know what to say to him.
felt ashamed. The officer
I

I

12 13
14 15
Q
A

didn't want to see him.

Weston was there, and they both called my dad and told him what happened. So my dad called me, and I didn't

12 13
14 15
16
Q
A

talked to told me that
a

a

CI

was coming to take my statement, he wanted to hear it
from me. And she said that
Did you go to the hospital?

know how to tell him. I just kept crying. What did you and your dad talk about?
He told me to call the cops, so
I

medic was going to be

16
17
18

called to take me to the hospital.

told him that Kopf's
a

boss told me not to call the cops, and just to write

17 18 19

No. They said that there was no penetration, so there

statement and fax it to him.
Q
A

was no need for
Q A Q
A

a

medic.

19

When did Kopf's boss tell you that?

Is this police department, tribal police?

20

r
2:..,
'

When Shane called up here to the recruiting station. He called and they wanted to talk to me, and I told them

20
21

Yes.
What did the police do?

23

what happened, and he said, I'm on the other line trying to get ahold of him, but the cell phones don't work on
the Reservation.
01: 13: 13 PM

22
23

They just took my statement, and the CI showed up and he
took my statement, and he asked me what happened, and told him. He said there was no need for a medic because
I I

24 25
12/22/2006

So he

said, you don't need to call the

24

cops, because he's federally protected and there's

25
Page 69 to 72 of 120

wasn't raped, so they called the medic off, and he
18 of 39 sheets

Case 1:05-cv-00186-FMA
1
2

Document 33-4
73

Filed 02/12/2007
Q
A

Page 7 of 13
75

was free to go home, so I left. I called home first to tell my dad that we were leaving, and my mom
was on the phone and she said that Sergeant Kopf was at my house, and my dad was outside talking to him.
Q

said

I

1

What Mall

is

that?

2
3

3

The Rushmore Mall.
Did you talk to him?

Q
A

lí~
1\
6 7 8
9
Q
A A

4
5 6 7
8 9

No.
Did you ever receive any e-mails from Sergeant Kopf?

So did you go home?

Q
A

told the CI, because they were looking for him, I told the CI that called Kopf was at my house, so he said he

I

No.
Did you seek
a

Q
A

restraining order against Sergeant Kopf?

was going to get
Robert Bennett.

a

police officer over there right away.

Yes.
What led you to do that?
I

Do you know the CI's name?

Q
A

10
11

10
11

was scared.
did you take to

Q
A

Had you met him before?

Q
A

What steps

get the restraining

order?

12 13 14 15 16
17 18
19

No.
Do you know the results of any police investigation
this incident?

12
into

Q

13

Leah Tassel from Changleska helped me, and my attorney B.J. Jones helped me.
Why were you scared?

14

Q A

A

military It employee on tribal lands, so they didn't want -- they just referred it to the Army.
was involving
a

Everybody declined.

15
16

Because of what happened.
You were scared because of the incident
in

Q
A

the Suburban?

17
18

Yes.
What information did you give
restraining order?
in

Q
A

How did you learn this?

Q

support of the

My first attorney, B.J. Jones.
Did you speak with any members of the Army about this

19

20
21

Q

20
21

A

Just the incident that happened; the comments he made.
Was this the Tribal Court that you sought the
restraining order from?

incident, aside from your phone call with Sergeant Cost?
A

Q

22

No.
Did anyone from the Army interview you?

22 23 24
A

23 24
25,
f
2
3

Q
A

Yes.
Was there
a

Yeah.

A

few weeks later --

I

don't remember his name,
me.
74

Q
A

hearing?

Vernelius, or something, he came and interviewed

25
1

Yes.
76

Q

After all this, were you still interested

in joining the

Q
A

Did you speak at the hearing?

Army?
A

2
3
in

No.
Was Sergeant Kopf at the hearing?

No.
Are you interested

Q
A

4
5

Q

joining any other branches of the

4

No.
On January 7, 2003, were you anywhere where alcoholic

armed forces?
A

5
6 7 8 9

Q

6
7 8 9

No.
Did you think about going back to Rockhurst?
I

beverages were sold or served?
A

Q
A

No.
Did you have on that day, did you have anything of an
alcoholic nature to drink?

just wanted to stay home.
didn't want to go anywhere else.
I

Q

Q
A

Do you think about going to school anywhere else?
I

10
11

leave home, because
anywhere.
Q

was too scared to didn't want to see Sergeant Kopf

I

10
11

A

No.
On that day did you take any drugs or narcotics?

Q
A

12

12

Just the Tylenol.
Have you fully recovered from the events of January 7, 2003?
MR. HOROWITZ:

13

After Sergeant Kopf dropped you off at Jackie Randall's,
house did you have any further contact with him?

13 14

Q

14
15 16
17
Q
A A

He called my house and he said he wanted to apologize, and he didn't think that it would go that far.
Did you speak to him?

15
16
A

Object to form.

No.
What injuries are you suffering from?
MR. HOROWITZ:

17
I

Q

18

Yeah. Well, he called and

answered and he apologized

18
19
A

19 20
"]-

Object to form.
I

and he kept saying he was sorry.
Q
'\

Did you say anything to Sergeant Kopf?

20
21

No,
I

I

~1.:.Q
23
A

just hung up.
call?

remember certain remembered how he smelled, how that car smelled. I remember the smell of his cologne. I could
smells.
I

I

have nightmares.

can't sleep.

I

What day did you receive that

22 23
24
Q
A

be doing something and I'll remember something that he
said.
How often
a

don't remember.
saw him once at the Mall, but after that, no.

24
25

Q
A

Did you ever see Sergeant Kopf in person again?
I

week do you have nightmares?

25

19 of 39 sheets

Lately, almost every night.
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PM

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Case 1:05-cv-00186-FMA
1
2
Q
A

Document 33-4
77

Filed 02/12/2007

Page 8 of 13
79

Rig ht after the incident?

1
I

preparing for your deposition?
A

Right after the incident,

couldn't sleep at all.
I I

I

2

How can

I

not? How can

I

not think about it, because
it lately because

3

was up for
Q

a

whole week straight before
I

actually got
hard

3 4 5 6
A

it's what we are talking about?
Q

/-\.

any sleep, and when
time sleeping?
A I

did sleep,

had nightmares.
a

Have you thought more about

you met

And now, how many nights per week do you have

with Dr. Mark Mills?

6 7 8 9

Like

I

said, how can

I

not.

still haven't got

a

good night sleep.
a

7
good night

Q

Are you seeking any professional heip to help you deal

Q

Since January 7, 2003, you haven't gotten
sleep?

8

with these thoughts?
A

9

No.

I

talk to family members.
I
a

One of my uncles is
I

a

10
11

A

No.
Are you taking any medications to help you sleep?

10
11
I

Q
A

minister and go to medicine man, and family, my sisters and my mom about it.
Q

talk to my

12
13

No.

have my son, so

I

don't want to take anything.

12 13

How do you feel after you talk to your family about
this?

Q
A

You don't want anything

to help you sleep?

14
15

Yeah.
How many hours per night do you normally sleep?

14
15 16

A

It

helps me get

a

little bit more sleep.

Q
A

Q
A

How do you feel after you talk to the medicine man?
a counselor, you know. It's good that moment and then something comes up and then for

16
17

About three.
Are you suffering any other injuries from this incident
on January 7th?

Just like talking to

Q

18
19

17 18
19
Q

I

remember it and go through it all over again.
Has the medicine man suggested you do anything to help
yo u feel better?
A

MR. HOROWITZ: Objection to form.
A

20
21

It's hard to go anywhere.
change.

I

don't like myself anymore.
I

20
21

Everything he said he liked about me,
Q
A

just want to

Like meditate; go to sweat. It's like
After you medicate, do you feel better?

a

cleansing.

22
23

22 23
I

Q
A

You say it's hard to go anywhere, can you explain that?
I

Not really.
Does it help to go to
a

24

mean

don't even know where he's at now, and it's
I

24 25
1 2

Q
A

sweat ceremony?
I

ç
2 3 4 5 6 7 8
9
A

25

hard to even come up here.

can't even drive towards
78

It

helps sometimes.

mostly do it for like my family.
80

Manderson anymore.

I

always have to have one of my
at home all day?

brothers with me.
Q A

My brothers and dad aren't the same after what happened. Sometimes it feels like they're hurting more than I am.
Q

Do these symptoms require you to stay

3

Why did you decide not to seek any professionai help to
help you with this?

Yes. Some days

I

don't even want to go anywhere.
a

4
5 6
A

Q
A

When is the last time you had

day like that?

MR. HOROWITZ:

I object to the form.
I

These past few days.
Are there any other symptoms that you have had since
th'is incident?

The first time

I

wanted to get help,

just needed

Q

7
8

somebody to talk to, but they wanted to put me on meds, and they wanted to send me to a place that provides like
psychiatric help for people that think about killing

Just depressed.

Whenever stuff comes up

I

get panic

9

10
11
Q
A

attacks, and
depends if

I

have anxiety attacks.
I

10
11 12 13
Q
A

themselves. So it just scared me.
Do you not want to take any medications?

How often per week do you have panic attacks?

12

It

remember
I
I

a

smell or if
I

I

go through my
I

No.
Do you not want to go to anywhere that would help you,

13

statements and

remember stuff, you know.

can't say,

Q

14
15
16
Q

oh,

I

have two, or

have one, or

have three.

14 15
16
A

any sort of psychiatric counseling center?

Can you tell me what physical symptoms you experience
when you have
a

Well,

I

don't want to get sent off, if that's what you
labeled

panic attack?

are asking.
Q

17 18
19 20

A

My chest hurts. It's hard to breathe.

It

feels like

17
18

I'm just going to ask you to look at what we've
as Exhibit 4. I'd ask you to turn to page three.
Please read over that.

the room is spinning.
Q

I

feel really nauseous.

Have you thought more about your encounter with Sergeant
Kopf lately because you knew the deposition was coming
up?

19

Do you have any other symptoms

20
21

or injuries besides what you have talked about today or
that
is in

C.
23

your response to Interrogatory Number
I

1?

A

Some days

I I

think about it all the time. It's not
can just say, oh, this happened to me and

22

MR. HOROWITZ:
A

object to form.
I

something
Q

23 24
25

Things come up constantly.

24
25

can't just say, oh, I'm

forget about it.
Have you thought more about it lately while you were
PM

going through this one day and then the next day I'd be

12/22/200601: 13:13

going through something else.
20 of 39 sheets

Page 77 to 80 of 120

Case 1:05-cv-00186-FMA
1 2 3
Q
A

Document 33-4
81

Filed 02/12/2007
take care of myself.
Q

Page 9 of 13
83

What do you mean by "things come up constantly"?
Like some days
I I

1
I

feel really worthless, and then
used to be.

2 3 4

You said you couldn't eat.

Did you lose any weight

(-"
6

remember how
Q

because of that?
A

....
7
8 9
A

Besides your response in Interrogatory Number 1 and

I I

lost about 20 pounds.

And after, I got depressed, and

everything you have said up to this point, is there any

5
6
Q
A

said

I

really didn't care about anything.
I

other symptoms that you want to talk about?
No.
Who wanted to give you medication for the thoughts that
Q

Has your weight changed against since you lost that 25?

7
8 9

Yeah. Whatever

got depressed and
I

I

didn't really care

and
Q

I

started drinking, and

didn't really take care of

you were having?
A

myself at all.
And had you ever had an alcoholic drink before this
incident?
A

10
11

One ofthe counselors at Pine Ridge IHS.
Do you remember that person's name?

10
11

Q
A

12 13 14 15 16

No.
And who recommended that you go to an institution?

12

No.

I

never drank or did drugs before.

Q
A

13

Q
A

And when is the first time you had an alcoholic drink?

That same person.
MS. CULLEY:

14
I

It

was in February.

Okay.

think we

will go

ahead and

15

Q
A

February of 2003?

break for lunch now.

It's almost noon.

16
17
18 19

Yeah.
When did your weight loss occur?

17 18
19

(A noon hour break was taken from 11:55 to 1:05.)
MS. CULLEY:

Q
A

Everybody ready? We will go back on

the record.
Q

20
21

The whole month of January, and then after that I really didn't care. I started eating everything, whenever I

Lavetta, describe the first time after January
that you received medical care.

7,2003

20
21
Q
A

got sad or depressed.
Did your weight change then?

22 23
24
25

A

The first time?
Uhm-uhm.
I

22

Yeah.

I

gained.

Q
A

23

Q
A

When did your weight gain occur?

don't remember.
January 7, 2003 did you go to the doctor?

24
25
82
1 2 3

Throughout the summer.
Which summer?
84

\

Q

After

Q

A

Uhm-nhm. I"m not sore ofthe dat~,
When did you go?

A

Snmme, of '03.
So has your weight changed at all since the summer of

2 3 4 5 6

Q
A

Q

Same place, Pine Ridge IHS.
Do you remember what doctor you saw?

'03?
A

Q
A

4
5 6 7

It stayed

about the same.
visits to the doctor because

No.

Q

Did you have any additional

Q

What did you tell them? What took place when you went
to the doctors?
I

of the symptoms that you are describing?
A

7
8 9
A

I

tried, but like

I

said,

I

got scared because they

seen Terry Friend, she's

a

midwife there, and

I

told

8
9
Q
A

wanted to put me on medicine and everything.
Who wanted to put you on medicine?

10
11

her what happened and everything, and she couldn't understand why they didn't bring me to the hospital.
She said that there were tests they could do to get his

10
11

The doctors.

12 13

saliva off of me and check me for hairs and stuff. She asked me if there was any penetration and I told her no

12
13
Q A

They wanted to give me medicine to sleep. They wanted to give me antidepressants, and I didn't really want anything.
Which doctors was that?
I

14 15 16 17
18 19 20
Q
A

-- and

I

can't remember. She talked to me about sexual

14 15
16

don't remember which doctors.

assault, and she just gave me -- she just talked to me and told me it was okay, it wasn't my fault, and

Q
A

Were they at Pine Ridge?

Yes.
Indian hospital?

encouraged me to get counseling.
Didn't she prescribed any medications for you?
I

17
18

Q
A

Yes. That's the only place
I

I

got seen.

can't remember.

19

Q
A

Did you go to the Kyle Health Center?

Q

Did you tell her about any symptoms that you were

20
21

r
I..'-~..

went for three visits, and they referred me to Pine

having?
A

Ridge, because it was closer.
Q

Yeah,
I

I

told her about all my symptoms.
I

22 23 24 25

How many visits did you have at Pine Ridge Indian
Hospital?

23 24

Q
A

What were they?

couldn't sleep;

was scared, and

I

had nightmares;
I

I

A

25

I'm not sure. Around two.
And you didn't take any medications to help you sleep?

couldn't eat. She was telling me that

still needed to

Q

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Case 1:05-cv-00186-FMA
1 2
3
j
Document 33-4
85

Filed 02/12/2007
and
a

Page 10 of 13
87

A

No.
Did you take any medications that they offered to

1 2
3

female that

I

met with.
I I

I

met with the male

Q

first, and then by the time

went back for my second
I

prescribe for you?
A

visit, he already left, so

had to explain the

No

4 5 6 7 8 9
Q
A

C_
6

Q
A

An~ was that? why
Because
I

situation all over again to another female, and then just got frustrated.
Do you know if that person was
a

didn't want to be on any medicine.

therapist?

7 8 9

Q
A

Why don't you want to be on any medicine?
I

They're counselors.

I

don't really know their whole

just don't.

Q
A

Do you think that medicine might help?

profession or what degrees they hold or anything, but they work in mental health.
Q
A

10
11

No.
You said earlier that you never drank or did drugs

10
11

You didn't take any medication that they offered to you?

Q

12 13 14
15
A

No. They offered so many, but

__

before this encounter with Sergeant Kopf.

Just to be

12 13

Q

So total, how many visits would you say you had to the
Pine Ridge Indian Hospital to talk to
a

clear, did you start drinking and doing drugs after the

therapist?

encounter?
I

14
15

A

I

don't remember.

It wasn't

a

lot.

didn't do drugs. Just drank. My friends would say,

Q
A

Less than five?
I

16 17
18
Q
A

it will make you forget about it, so I tried it, but it

16
17

wouldn't know.
I

just made things worse.
Did you stop drinking then?

Q
A

Did you consider seeking treatment anywhere else?

18
I

No. Like

said

I

19 20
21

didn't want to go anywhere else.

I

No.

I

would drink some and

would forget and
I
I

a

little

19 20
21
Q

didn't want to leave.
go to those sessions.

My mom could hardly got me up to

while later it would come back and then

would drink
a

some more and I'd forget. But
it was like
Q
a

wasn't to

point where

Did they offer any sort of counseling services at

22 23

problem or anything.

22
23
A

Changleska?

Did the doctors at Pine Ridge Indian Hospital recommend

Yeah. They're mainly about counseling services, but
wasn't ready because there was
a

I

24

you do anything else to help you to feei better besides
take medicine?

24 25

~~
A

25

lot coming at me at the

time.
88

They wanted me to talk to somebody and
Did you take any of those steps?

2
3 4

s~ pea:e.

1 2 3

Q
A

Wh'tdo v'"
was
a

mono

wh,n

Q
A

v'" "y
a

that?

Getting an attorney; getting

restraining order. There

To be honest, the services, the mental health services at Pine Ridge aren't good at all. There is no

lot to deal with.

4
5 6

Q

What about since that time, have you sought counseling
anywhere else?

5
6

confidentiality or anything, so it's hard to trust
somebody.
Q

A

No.
Why not?

7
8 9

What do you mean when you say there
confidentiality?

is no

7
8

Q
A

Well, like

I

said,

I

have the fear of somebody having
I

A

Whenever

I

worked there,

I

worked for medical records
a

9

getting put on medicine.

have

a

10
11

little boy now, so

I

and you would hear people say, this person came to the
hospital today for this; she has

10
11

don't want them to say that I'm not fit to take care of

problem again. You

my son. I've been learning to deal with it myself.
It's hard, but-Q
A

12
13

know, you would hear stuff about people, which wasn't
good.
Q
A

12

13

How have you been learning to deal with it?
I

14 15

What took place when you went to the Kyle Health Center?

14

write stuff, like the same

incident comes through my
a

16
17

lady there, Jean Hammond. She wanted me to tell her what happened. I tried, but I just didn't
a

I

talked to

15
16

head, I'll write it and then I just burn it, so it's
little outlet.
Q
A

like -- I

just wasn't ready to talk about it, and then
it one on one?

17
18

Is that helpful?

18
19 20
Q
A

she referred me to Pine Ridge.
When you spoke with Jean Hammond, was

Sometimes. Other days

I

just want to sleep.

19

Q

Aside from any therapist or health care professional,
have you talked to anybody else about how you are
feeling?

Yeah.
Did you ever try any group therapy?

20
21

( ,23
24

Q
A

No.
And then who did you
know if they were
a

22
meet with at Pine Ridge; do you

A

Like

I

said,

I

talked to my uncle,

a

minister, and the

Q

23

medicine man
Q
A

we have

in our

family.

therapist?
I

24
know there is
a

Is that helpful?

25 A I don't remember their names. 12/22/2006 01: 13: 13 PM

male

25

Yes, sometimes.
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A

Document 33-4
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A

Filed 02/12/2007
No.
I

Page 11 of 13
91

Feel better after you talk to him?

Sometimes.
Do you see
I
a

Q

know that you met with Dr. Mills, have you been

Q
A

counselor with the initials, M.H. at all?

3

examined by any other experts as part of this
litigation?
A

L/A.

don't remember.
is
a

4
5 6

1\. 6
7
8 9

Q

You can turn to your Responses to Production, Exhibit 3.

Experts?
Any other doctors or psychiatrists or psychologists?

This

medical record from April 2, 2003, and it's

Q
A

Elk 00032 on the bottom.

Lavetta, I'll represent to you

7
8 9

All
I

I

go to is just my uncle and medicine man.
a

that on this page 00032 of Exhibit 3, one line says, "Patient will also continue with M.H. but wants a new
counselor".
A

Q

am going to turn to your symptoms again
in

little bit.

Was there any change in your symptoms

the years 2000

10
11

Does that look accu rate to you?

10
11

through 2005?
MR. HOROWITZ:
I

I

don't know what M.H.
can't tell.

is.

object to the form.

12
13 14 15
16

Q
A

Does that look like what's writ~en on this page?
I

12

THE WITNESS:
Q
A

No.

13
Does

Actually I mean 2004, 4.005?

Q

I'll represent to you that that's what it says.

14
15

No.
They stayed the same?

M.H. sound familiar to you?
A

Q
A

No.
Do you remember requesting
April?
a

16
new counselor at the end of

Yes.
And what were they again?
MR. HOROWITZ: I object to the form. Asked and
answered.

17
18

Q

17 18
19

Q

19 20
21

A

No.

I

don't remember.

Q

Were there any counselors that you would have been
seeing during that period?
I

20
21

Q

What were your symptoms
THE WITNESS:
attacks.
I

in

the years 2004-2005?

MR. HOROWITZ: Asked and answered.
Depression,

22

A

23 24
Q
A

don't remember any names. Like male and then there was a female.
At Pine Ridge?

I

said, there was

a

22
23 24 25
Q
A

anxiety and panic

felt humiliated; shame.
I

Why
I

did you feel ashamed?

~..

Yes.
90

go through all these things

in

my head;
I

could have
92

'-.
1

Q A

Indian Hospital?

1 2

fought harder, you know; how could

be so stupid,

2 3 4

Yes.
Lavetta,
could you describe

basically, to fall for thinking that somebody stayed out

Q

your expenses that resulted

3 4 5 6
Q

that far; wasn't smart enough.
Is there any change
in

from the incident that happened on January 7, 2003?
MR. HOROWITZ:
A

your symptoms

in

the year 2005

5
6 7 8
9
A

Object to the form.

through 2006?
MR. HOROWITZ:

Expenses?
How much did you spend on going to the doctors as
a

Object to the form.
No.

Q

7
8
Q

THE WITNESS:

result of the incident on January 7, 2003?
I

Have you lived in the Pine Ridge area since January 7th

don't know.
a

9

of 2003?
A

10
11

Q

Do you know if you spent any money seeing
a

therapist as

10
11

Yes and no. After that happened,
place anymore, and
I

I

couldn't stay in one

result of this incident?

12
13

A

I

don't know.
a

12
result of

didn't -- I was beginning to not feel safe at home, and I just went from friend'shouse

Q

Did you spend any money on medications as
this incident?

13

to friend's house to friend's house.
Q
A

14 15
16
A

14
15
a

Why didn't you feel safe at home?

No.

I

don't think so.

Because

I

was tired of every little thing reminding me

Q

Did you spend any money on going to counseling as

16
17
Q
A

of that day.
Where else did you go?
I

17 18

result of this incident?
MR. HOROWITZ:
A

I

object to the form.

18 19 20
21

was

in

Iowa.
I

I

was

in California.
I

I

was in Texas.
I

I

19
20
.

No.
Do you have any additional

was
Q
A

in North Carolina.

was

in Colorado.

was

in

New

Q

costs or expenses because of

Mexico.

was in Idaho.

the incident on Janua"ry 7th of 2003?
MR.

When did you move back to the Pine Ridge area?

~.,
23

HOROWITZ:

I object to the form.

22
23

Last year, last April. Actually this past April, April

THE WITNESS:
Q

Additional costs?

of this year.
Q
A

24 25

Is there anything else you spent money on because of
this incident on January 7, 2003?

24
25

Have you gone to school since then?

Yeah.

I

started school at Milwaukee Career College and
12/22/2006 01: 13: 13 PM

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1 2 3

Document 33-4
93

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A

Page 12 of 13
95
I

things were going good, and then this case was brought
up again, and
I

1

During high school all
Youth Peer Mentor.

had was the youth opportunity,

couldn't concentrate, and

I

quit. And

I

2
3
Q
A

was talking to some of the women there, and they said they'd give me another chance of going to school so I

What does
I

a

Youth Peer Mentor do?

4
5 6 7 8 9

just talked to younger kids who had abusive families,
I

started again, and
6 7
8
Q A

I

finished.

or

would set up fund raisers so they could take trips

Did you get
I

a

degree?
a

places.
Q A

got

a

diploma,

medical assistant diploma.

And what years did you do that?

Q
A

Did you feel worse once the case started up again?

'01 and '02.
Is that
a

9

Yes.
Before that, had you been feeling better?
I

Q
A

paying job?
I

10
11

Q
A

10
11

Yes. '01 and '02, and off and on as

came back '03,

Yeah.
and
I

felt better because

I

was over in Wisconsin,
I

'04.
Q
A

12 13

didn't worry about smelling him, you know.
I

12
13 14

In '03, how long did you work as

a

Youth Peer mentor?

still had nightmares and dreams and things

that reminded
had

Enough to get me

a

bus ticket to go to my brother's in

14
15
16
Q
A

me, but it wasn't as bad as being back here.
Did you have

Idaho.
Q
A

different things to do and different people to meet.
a

15
16

And in 2004, how long did you work there?
I

good time there?

worked off and on.
I

I

would leave and come back for

a

17
18

The only thing that made me feel good there was my husband, and he made me feel safe. It was a different
kind of safe than what
I

17

month, and then

would leave and then I'd come back for

18
19
Q
A

two weeks.
And what was your salary there?

19 20
21
Q
A

had with my family.

Did you live in an apartment there in Wisconsin?

20
21

$5.15 an hour.
And since then have you had any other employment?

Yes.
With your husband?

Q
A

22

Q
A

22 23 24

No.
Are you currently seeking
a

23 24

Yes.
Before that why did you keep moving around?
I

Q
A

job right now?

Q
A

Yes.
What have you done to look for
a

(1...~.
a

went to Idaho with my brother.

His sister in

law9:ad 25
1 2 3 4
5 6 7 8 9

Q

job?
96

2 3 4 5

husband that looked almost just like Sergeant Kopf, and I couldn't stay there anymore. My brother was
telling me to stay and begging me to stay, but
couldn't, so
I

A

Applied at places.
What sort of
places?

Q
A

I

Hospitals, nursing homes.
Have you filled out job applications anywhere?

left, and

I

came back here, and

Q
A

6 7
8 9

everything reminded me of that day. So I got a ticket and I went down to New Mexico and I stayed with my
cousin down there, and the same thing happened, so
I

Yes.
Where at?

Q
A

Specific places?
Uhm-uhm.

went to Iowa. Same thing.
Same thing.
Q
A

I

was in North Carolina.
Same thing.

Q
A

I

went to California.

10
11

Were you traveling alone to these places?

10
11
Q
A

Beverly Health Care, Rapid City Regional, Sioux San, Morning Star Assisted living, few other places.
Have you gone on any job interviews?

Yes.
When you say the same thing, what do you mean by that?

12
13

Q
A

12

Yeah, I've been on three of them. One of them
I

I

was

14

15
16
Q

certain smell, 13 if somebody talked that sounded like him, or somebody 14 or that looked like him. 15
Something reminded me of Sergeant Kopf;
a

supposed to start this week, but because of depositions

wasn't able to, so

I

have to wait until January.

Q
A

Are you going to start working then in January?

What sort of degree
College?

did you earn at Milwaukee Career

16

Uhm-uhm.
What place
is

17
18
A

17
18
19

Q
A

that?

Medical assistant diploma.
And what does
a

Beverly Health Care system.
What will your position be there?

19
20

Q
A

medical assistant do?

Q
A

Work
vitals.

in

the hospital; screen patients and take their

20
21

Nurse aide and
Are you excited?

a

(
:b",,~.

pharmacy aide for the float pool.

Q
A

Q
A

Could

a

medical assistant work in

a

doctor's office?

22

It

will be something to do.

23

Yes. Get them prepped for the doctor.
Can you describe any employment you had during high
school?
PM

23
24 25

Q
A

Do you know what your salary will be?

24

Q

$9.14 an hour.
How long have you been looking for
a

25

Q

job before you

12/22/200601:13:13

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1 2 3
A

Document 33-4
97

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A

Page 13 of 13
99

found that?

1
2 3 4 5

No.
Did you take any steps to address what was difficult
about it?

About

a

month. Not too long.
a

Q

Q
A

Did you look for

job before that?

It'
1\
6 7
8

No,

I

just stayed home and took care of my son.
a

A

No.
How would you describe your relationship with your
husband?

Q
A

Did you want

job during that period?

Q

No.
Did you want to focus on your son more?

6
7 8
a

Q
A

A

Yeah.
When was the first time you started looking for
after January 7, 2003?

Q
A

It's good. He's patient, so that's good. When did you have that sexual experience?
With my husband?
The sexual experience that you described before you met
your husband?

9

Q

job

9

10
11
A

10
11

Q

Month ago.
So that would be November

12 13 14 15 16
17

Q
A

2006?

12
13

A

I

don't remember. It was

a

little after January.

The end of October.
And how many places did you apply at?

Q
A

January of which year?

Q
A

14
15 16
17
18 19

2003.
Who was it with?
A I

Eight or nine.
Do you have any hobbies that you enjoy doing now?

Q
A

Q
A

friend.
know it's difficult, but can you go ahead and tell us

Just writing or my son takes up most of my time.
Do you take any classes on writing?

Q

18 19 20
21

Q
A

his name?
A

No.
What sort of hobbies did you have
I
in

Armando.
Do you know his last name?

Q
A

high school?

20
21

Q
A

was really into sports, basketball, volleyball, even

Rosas.

R-O-S-A-S.

22 23
Q
A

football, cross country.
Do you like sports now?

22 23

Q

Was that experience with Armando your first and only
sexual experience
before you met your husband?

24

Not really.
Yo.u said you

24
were starting to exercise again?
98

A

(:
1

Yes.
Do you feel comfortable

Q

25
1

Q

sharing your feelings with your
100

A

Yeah.
What do you do?

husband?
A

2 3 4 5 6

Q
A

2
a

Yes.
Would you feel comfortable sharing intimate details with
your husband?

Slowly starting to get into running again, lifting

3 4 5 6

Q

little more weights.
Q
A

During high school did you go out on dates?

A

Yes.
Do you like being married?

No.

I

wasn't allowed. My dad was pretty strict.
have any boyfriends
in

Q
A

7
8 9

Q
A

Did you

high school?

7 8 9

Yes.
What do you like about
it?

No.
When were you allowed to start going out on dates?
I

Q
A

Q
A

Security.
Anything else?

10
11

didn't really worry about going on dates.
a

I

was too

10
11

Q
A

busy and focused on school and sports, so it didn't
really bother me to not have

Security is my thing. The love and everything
good.

is

good,

12
13 14
Q
A

boyfriend. Every weekend
a

12
13

being able to be secure and feel safe with somebody is
Q
A

there was games, so it wasn't really
Have you gone out on dates since then?

big thing for me.

14
15
16

Do you have

a

sexual relationship with your husband?

15 16

No.
Have you had any boyfriends since high school?

Yes.
Have you had any difficulty with that aspect of your
relationship?

Q
A

Q

17 18
19

No.

I

met my husband and that was it.
you meet your husband?

17
18 19
A

Q
A

When did

In December of '03.
Before you met your husband, had you had any sexual

Q
A

Sometimes. What sort of difficulty?

20

Q

20
21

(
2~.
23
A

Whenever the case comes up or
don't want him to touch me.
I

I

remember something,
a

I

experience?

have

difficult time

Once.
Did you have any difficulty with that experience?

22

with him even holding my hand sometimes.
Q
A

Q
A

23

How do you deal with those feelings?

24
25

Yeah.

It was really

uncomfortable.

24
25

He talks to me. He talks about it, and he tells me it's
okay.
12/22/2006 01: 13: 13 PM

Q

Did you talk to anybody about that experience?

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