Free Response - District Court of Arizona - Arizona

1 II TERRY GODDARD
ATTORNEY GENERAL II (FIRM STATE BARNo. 14000)

2

3

II

AARON J. MOSKOWITZ
ASSISTANT ATTORNEY GENERAL

4 II W. WASHINGTON PHOENIX, ARIZONA 85007-2997 5 TELEPHONE: (602) 542-4686
II

CRIMINAL ApPEALS SECTION 1275

(STATE BAR NUMBER 022246)

6 7 8 9

II

ATTORNEYS FOR RESPONDENTS

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
WILLIAM FLOYD SMITH,
Petitioner,
-VS

10 11 12
13 14 15 16 17 18 19

CIV 04-573-PHX-FJM (MS)

DORA B. SCHRIRO, et aI., Respondents.

EXHIBIT I, PART 4, PGS. 120-159 FOR ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS

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120
1 2 3

Q.

Now, you indicated that you were aware of

how much your daughter was being paid for working for Mr. smith?

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7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q.
A.

Yes. Did that strike you as unusual? Yes. When she first told me he wanted to

give her a job, I said, oh, come on, this is stupid. This is crazy.
ahead.

So I didn't say, well, jump for it, go

I said -- I called my cousin and I had him -

gave him Mr. smith's phone number and name, had him call him and check it out because I thought it sounded kind of strange. Q. That's based on the amount of money he was

willing to pay per hour?

A. Q.

Yes. You did discuss with your daughter whether
I

she should work for Mr. smith? A. Yes.
I

Q. cousin? A . Q . at all? A . Q .

This in addition, to discussing with your

My cousin, Ron Lundin. Who refers -- is he referred to as uncle

Yes. Who refers to him as uncle?

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121 1 A. My kids.

2 3 4

Q.
A.

What is your address? 14257 West Oakwood Lane, Fountain Hills. Is that the same residence Mr. Lundin

Q. occupied? A.
Q.

5
6

No. Did you live with Mr. Lundin? Prior to living there, yes. At one point in time you resided in the

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A.
Q.

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11 12 13 14 15 16 17
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home of Mr. Lundin?

A. Q. from him? A . Q . A . Q daughter . would

Yes. You and your family basically were renting

Um hum.
Is that correct?'

Um hum, yes.
i

Did you have any understanding of how your
be paid as far as the frequency or manner

in which she would be paid by Mr. smith?
A.

No. Was there any discussion between you and

Q.

Mr. Smith regarding the formality of this business arrangement?

A. Q.

No. At the time that your daughter was

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employed by Mr. smith were you aware of what his family situation was, as far as his wife and children?
A.

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Yes.

Q.

What was your understanding of where they

were during this time? MR. GRIFFITH: Objection as to relevance

as to this person's understanding of anything.
THE COURT:

Why don't you try to lay some

foundation, Ms. Bowen.
BY MS. BOWEN:
Q.

Was it -- did you understand your daughter

would work at times at Mr. smith's business?
A. Yes.

Q.
I

Were you also aware there would be times

she would be working at his residence? A.
Q.

Yes. Was it your understanding her job
I

description varied depending which location she was working at?

A. Q.

Yes. Is your daughter -- were you aware she was

doing housecleaning at the home of Mr. smith?

A.
Q.

Yes. Was there some reason why Mrs. smith

wasn't doing the housekeeping at that location?

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MR. GRIFFITH:
THE COURT:

Objection, speculation.

2 3 4 5 6 that, ma'am?

Do you know the answer to

THE WITNESS:
THE COURT:

Yes. Okay. You can answer.

THE WITNESS: there.
BY MS. BOWEN:

Because she wasn't living

7
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10
1],.

Q.

Did you ever have a discussion with

Mr. smith as to where his wife was or when she would be back from where she was?
A. Q.

12

No. Was it your understanding she would be

13 14 15 16 17 18 '19 20 21 22 23 24 25

back any time soon?
A.
Q.

Yes.

Did you know the time or date that she was

supposed to be back in town?
A.

She was supposed to be back Saturday.

After this had happened to my daughter, like, she came back sooner than she was supposed to come back.
Q.

Was it your understanding anyone besides

your daughter would be working at Mr. smith's home?

A. Q.

Can you repeat? Was it your understanding that anyone

besides your daughter would be working at Mr. smith's

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home?
A.
Q. A. Q.

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5

I don't understand Do you know? She was the only one there. Did Mr. Smith ever discuss with you the

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fact that he believed your daughter needed better work
clothes?
A. Q.

I don't remember. Did he ever. indicate to you that he was

going to take her shopping for work clothes?
A. Q.

Yes. When do you recall Mr. smith telling you

that information?
A.

On the way home from the restaurant in his

car.

Q.

Did he indicate how that would come about

that he would purchase her some clothes?
A.

He just said he wanted to take her

shopping, and I knew that. she was going to take her own money.

Q.

Did you ever discuss with your daughter

her taking money?

A. Q. A.

Yes. Did she have money available to take? Yes.

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125 1 2 3 Q.

Did you see her obtain the money or take

it with her the day she went shopping?
A. Q.

No.

I didn't see her take it.

4
5 6

In the time that Mr. smith is explaining

to you he wants to take your daughter shopping, did he indicate to you who will be paying for the clothing?
A. Q. shopping?

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8 9 10 11 12 13 14 15 16

No. Did you know where they would be going

A.
Q.

To the mall. Did you ever see the clothing that was

purchased?
A. Yes.

Q.

Was there some way for you to know or evaluate the value of the clothes that were purchased?

A.
17 18 19 20 21 22 23 24 25

The tags were on them. he best of your recollection, how many

Q.

different clothing items were purchased?
A. Probably about 20 different items.

Q. cost?
A. Q.

Did you have knowledge of how much that
!

I'd say around $400. Did you ever specifically discuss with

your daughter who paid for those clothes? A. Yes.

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126 1 Q.

Were you aware that Mr. smith paid for the

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clothes? A.
Q.

Yes. Did your daughter indicate whether or not

she had purchased any of the clothing? A. hadn't. I knew she hadn't. She told me she

7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

He wouldn't let her pay.

Q.

I'm sorry.

It was your understanding that

Mr. smith wouldn't let her pay?

A.
Q.

Right. Did it concern you at all her employer had

purchased 400-plus-dollars worth of clothing for your
daughter?

A. Q.

Yeah.

I thought it was strange.

Did she indicate at all there was an

arrangement for her to pay him b~ck?

A. Q.

No. Did you consult with Mr. smith whether or

not there was an arrangement for your daughter to pay him back?

A. Q.

No.

I didn't have time to.

Based on the amount of dollars per hour

your daughter was making for Mr. Smith, it would have taken her quite a few hours to pay that amount back?

A.

Yes.

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Q.

Was there any agreement how long your

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daughter would be working for Mr. smith?
A. Q.

No. I'd like to show you Exhibit 14 which has

been marked and moved into evidence. May I approach?
THE COURT: BY MS. BOWEN: Q. I'd like to have you read that piece of

Yes.

paper to yourself.

Having read that document, have you ever seen it before? A. Q. No. Has Mr. smith ever discussed the

arrangement of Rachel paying him back for the clothes? A. Q. A. Q. No. Did Rachel ever discuss that with you?
No.

Is there anything on it that indicates

Rachel's handwriting or signature? A. Q. No. On July 7th, 1994, did your daughter work

for Mr. smith that day?

A. Q.

I don't remember the exact day. Was there a time when you were concerned

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about your daughter's health after the time she had worked for Mr. smith?
A. Q.

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Yes. On that date, did you know that your

4
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7

daughter was going to work for Mr. smith?
A. Q.

Yes. How did you know she would be working for

8
9 10 11 12 13 14

him on that day? A. I probably called her from work or I found

out he was going to pick her up that morning.
Q.

Was there any discussion at the dinner the

night before regarding wether or not she would be working for him the next day?'
No~
.

:

A
15

.
16

What were your normal work hours during I

Q
17

.
18 19 20 21 22 23 24 25

6:00 a.m. to 2:00 p.m.

So if your daughter was working it would' that time? be after the time you went to work? A.

A.
Q.

Yes.

Q.

Do you recall when it was that day that

you did learn that Rachel was working for Mr. smith?

A. Q.

I'd say about 11:00 in the morning. And again, how is it you became aware she

was working for Mr. smith?

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129 1 2 3

A. Q.
A.

When I called home. Was she there at that time? No. How is it you learned Oh, my son told me. Did you then attempt to contact your

4 5 6
7

Q. A. Q.

daughter at Mr. smith's residence? A. Q. Not then, no. Did you ever try to do it during the time

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

she was working for him that day? A. Yes.
About 5:00 o'clock I called the

office to find out where she was.

Q.

Now, you indicated that at that time your

work hours were from 6:00 to 2:00; correct?

A. Q. A. Q. A. Q.

Um hum. I'm sorry? Yes. Do you come home immediately after work? Yes. Do you recall what time it was you would

normally come home? A. Q. A. Q.
2:30.

Rachel is not at home at that time? No. Is there some reason you waited until 5:00

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o'clock to contact her at Mr. smith's residence?
A.

2 3

Because that was about the time she would

get finished, or get off.
Q.

4
5 6 7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exactly.

Was there any way to reference the time Had you Were you

which you tried to contact her at Mr. smith's? been looking at the watch or something on TV? aware of the time you called?
A.

It was around 5:00.

I can't tell you

Q.

Did you try contacting her at his

residence first?
A. Q.

No. Where did you call first? The office. That's the business location? Um hum. I'm sorry? Yes. Was anyone there to indicate where your

A.

Q. A.
Q.

A.
Q.

daughter was?
A.
Q.

Mr. smith's brother. Did you ever meet Mr. smith's brother? No. Do you know who it was you were talking to

A.
Q. on the phone?

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2 3 brother? 4 5 there. 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A .
Q .

No.

How do you know it was Mr. smith's

A .

I just assumed because they both worked

indicates to call the residence? A. Q. Yes. You called Mr. smith's residence then? Yes. Who answered the phone? Mr. smith. Did you ask to speak with your daughter? Yes. Did he indicate -- or, did Y9ur daughter

Q .

Whoever you are talking to on the phone

A.
Q.
A.

Q.
A.
Q.

answer the phone at that time?
A. Q.

Yes. Was there a delay between the time you

asked to speak with her and the time she takes the phone?

A.

Yes. Do you know how long of a delay? Three minutes, four minutes. Did Mr. smith indicate where your daughter

Q. A. Q.

was at the time you are asking to speak with her?

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132 1 A. Q.

No.

2 3

Do you recall what you first say to your

daughter as she first gets on the phone?
A.
Q.

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Rachel, what is wrong with you. Was there some reason why you say that to

her?
A.

I could tell something was wrong with her. Was it something she said?
No.

Q. A. Q.

Was it the manner which she said it?
The manner.

A.
she said it.

It was the manner in which

Q. A.
it.

Could you describe it for us? Spacy, just. like -- it was -- just out of

Just said, what is wrong with you, what is going

on. Q.
A. Was -- I'm sorry. Go on. I just knew

It wasn't anything she said.

something was wrong. Q.

Was she answering the questions you were

asking appropriately? A. Yes. And she was responsive to what you were

Q. asking? A.

Yes.

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133 1 Q.

When you asked her what was wrong did she

2 3

indicate to you what was wrong?
A. Q.

She said she was sleeping. She was sleepy or sleeping?
Sleeping.

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5 6

A. Q.

Did you question her about that? Yes. Do you recall what it was you asked her? Are you sick? What is wrong with you?

7 8
9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A.
Q.

A.

Why are you sleeping?

Q. A.
Q.

Did she give you an answer for that? No. Did you ,ask her where she was sleeping? No. Or how long she had been sleeping? I think I did ask her how long she was

A. Q.

A.
sleeping.

Q. A. Q.

Did she give you an answer for that? No. Did this demeanor and what your daughter

was conveying to you concern you at all?

A. Q.
A.

Very much.

What did you do at that point? I said, I'm coming over there to get you

right now.

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Q.
that?
A. Q.

Did you have a vehicle in order to do

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Yes. Did she indicate to you she would be

waiting for you? A. Q.
A.

No.

She didn't say anything.

Did you go and leave to pick her up? I received a phone call as soon as I hung

up, and I was telling my boyfriend that was in Rhode Island what had happened.- I have to get off the phone

and go pick her up.

I just talked to her.

And the next

thing I know, here comes Mr. smith with his two children and my daughter into the house. Q. At the time you are on the phone with your

daughter, can you hear anything in the background to indicate other people present in the home?

A.
were there.

No.

But she mentioned that his children

I don't know how or why she mentioned it or

what, but I know she did.

Q.

Were you familiar what the distance from

your home to Mr. smith's residence was?

A.
Q.

Yes. How long would it take to drive from one

location to the other?

A.

Five minutes.

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135 1 2 3
Q.

How long was your conversation with your

boyfriend in Rhode Island? A.
Q.

Five minute~ at the most. Were you still on the phone with your

4
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boyfriend at the time Mr. smith arrived with your
daughter? A.

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8 9
10 11 12 13 14 15 16

Yes. You know, you indicated you saw Mr. Smith

Q.

drive up with his children; is that correct?
A.

I didn't see them'drive up.

They just

walked in.

I saw them through my sliding glass door.

They came in through the door, him and his two kids walked in my condo.
Q.

Did your daughter need assistance at all

i~ her walking? A. but Q. Was she staggering or hitting anything as No, but she was spacy. She could walk,

11 18 19 20 21 22 23 24 25

she was walking? A. Not that I recall. Was Mr. smith's wife with them in the car? No. Do you recall what time it was your

Q. A. Q.

daughter came home?

A.

Not exactly.

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2 3 know. 4 5 came in? 6 7 8 9 10 11 12 13 14 15 16 17 18
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Q . A .

Can you give us an approximate time?
10 after 5:00, 15 after 5:00.

I don't

Q .

Did you speak with your daughter as she

A . Q .

Yes. Did you make any comment to her about her

appearance or her demeanor? A. Q. A. Yes. Do you recall what it was you told her? What is wrong with you? Do you feel okay?

And I was feeling her al+ overt and, and! she didn't say much.
She was just
I

out of it.

i

Q.

Was she responding to the qtiestions you

were asking about how she was feeling?

A.

Evasively.

.1 mean, she just -

Q.

Was she having difficulty staying awake

during the time you were talking to her? A. As soon as she came in she laid down on

the couch, went right back to sleep~ Q. A. Q. A. Q. Did she fall asleep at that time? Uh huh.
I'm sorry?

Yes. Was it an immediate falling asleep after

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she went to the couch?
A. Q.

2 3

Yes.

She didn't do anything else in the house? Huh-uh. I'm sorry? No. You indicated that Mr. smith also came in

4
5
6

A.
Q. A. Q.

7 8
9 10 11 12 13 14 15 16

the home with her?
A.

Yes. Did you have any conversation with him at

Q. the time?
A.
Q.

Yes. Do you recall what the conversation

concerned?

A.
her.

Yes.

I said -- I said, what is wrong with

And he said, she said she wasn't feeling good so I And then he said,

17
18 19 20 21 22 23 24 25

told her to lay down and take a rest.

oh, and I was busy all afternoon with my, all my clients on the phone and making p~one calls and da-da-da. And

he says, if there is any problem with her, just call me and we will take her to the doctor.
Q.

Did any of that conversation seem odd to

you or unusual?
A.

Yeah.

Like, who in the heck cares. Objection, Your Honor,

MR. GRIFFITH:

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138

1 2 3 4 5 6 7

as

THE COURT:
Just a second. There is an You need to wait.

objection.

MR. GRIFFITH:

I don't believe it's

relevant whether it seemed odd to her.
THE COURT:
BY MS. BOWEN:

Overruled.

8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Q.

You may answer.
Yes.

Did it seem odd to you?

A.

Why was he telling me he was on the

phone all afternoon with clients?
Q. you before?

Had he ever discussed his business with

A. Q.

No. Were you aware whether or not he even

carried on phone conversations as part of his job?

A. Q.

No.

Did he indicate how long your daughter had

been sick at his residence?

A. Q.

No. Did he indicate what her symptoms were

supposedly for her being sick?

A. Q.

No. Did he indicate that he had done anything

to assist her when she was sick?

25

A.

No.

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139 1 Q.

Did he indicate whether or not she needed

2 3 4
5

medication for the fact he says she was sick? A.
Q.

No. Did he take any steps to get her medical

assistance?

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q.
sick?

No. Did he have an explanation for why she was

A. Q.

No.
Now, did he indicate at all she had been

sleeping at his house?

A.

He told me that he told her to fall asleep

on the couch and she was sleeping.

Q.

D~d he indicate how long she had been

sleeping at his home?

A. Q.

No.

Did he give you any explanation why he

didn't bring her home when she was sick at his residence?

A. Q.

No. Was it your understanding he was paying

her for being sick at his house?

A. Q.

Yes. At any time did he indicate to you that in

his opinion your daughter was just lazy and wouldn't do

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her job?

2 3

A. Q.

No. Did Mr. smith deliver any videos when he

4
5
6

brought your daughter home?
A.

I think she had them.

She was -- I

think -

7 8
9
10 11 12

Q.
A.

Do you recall how many there were?
six.

Q.

At the time that Mr. smith is bringing

your daughter home, is there anyone else present at your house?

A.
Q.

My 13-year old son and my 11-year old son. Did you have any contact with Ron Lundin

1~ 14 15 16 17 18 19 20 21 22
23 24 25

that evening to discuss your daughter? A. Q. Yes. What time was that in relation to when

Rachel came home?

A. Q.
Mr. Lundin? A.

Half an hour later. How was it you had contact with

I took her to his house to see what he

thought, if he thought she was okay or -

Q.

Would have been approximately 6:00 o'clock

in the evening?

A.

Yeah, yes.

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141 1 Q.

Was your daughter scheduled to have a

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13 14 15 16 17 18 19 20 21 22 23 24 25

phone call with her father that evening? A. Q. A. Q. Yes. What time would that normally occur? 7:00. I'm not sure.

Did you go to Mr. Lundin's residence prior

to the time of the phone call? A.
Q.

Yes.
Based on Mr. Lundin seeing your daughter,

did you and Mr. Lundin carryon a discussion about what
should be done .with her?
!
i.

A.
I Q.i i

No.
Qid you then return to your residence so

she could have the phone call with her father?

A.

I

No.

The phone conversations were atimy That's why we went there.

cousin's.house.

Q. A. Q.

That's where they were supposed to come? Yes. So you're at Mr. Lundin's residence for

approximately an hour at the time of the phone calli is that correct?
A. Yes.

Q.

You have indicated you went over there

maybe around 6:00 o'clock and the phone call was scheduled for 7:00 or 7:30?

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A.

Yes. During that time how was Rachel behaving

2 3
4

Q.

at Mr. Lundin's house? A.
just

They thought she was drunk, or they -- she was acting very strange. From the time that Mr. smith brought her

5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

-- they
Q.

to your residence to the time you took her to Mr. Lundin's residence, had you given Rachel anything to
affect her demeanor?

A.

No.

Q.

Was she acting the same way she was when

Mr. smith brought her home?

A. Q.
residence?

Yes. Did she sleep at all at Mr. Lundin's

A.

She was just laying on the couch.

I don't

remember if she slept or just laid there.

Q. A.
Q.

Were you there for dinner? No. Did she have anything to eat or drink at

Mr. Lundin's home?
A.

No. I take it Rachel has her phone call with

Q. her father? A.

I don't remember if she did or not.

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Q.

Do you recall how long it was you stayed

2
3

at Mr. Lundin's residence?
A. Q.

Half an hour to an hour. Is that after the phone call or the entire

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5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

time? A. Q. I don't even remember the phone call. Do you recall -- you indicated that you

were there because of the. phone call? A. Q. Yeah. You thought you might have gone over there
She is there at least an houri is that

at 6:00 o'clock. correct?

A.

Yes. Either with the phone call or without the

Q.

phone call, do you leave shortly around the time the

phone call was supposed to come?

A. Q.
residence?

Yes. Where do you go from Mr. Lundin's

A.
Q.

Scottsdale North emergency room. Had you discussed that decision with

Mr. Lundin?

A. Q.
A.

Yes. Did he accompany you to Scottsdale? Yes.

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144 1 Q.

Where is that in relation to Mr. Lundin's

2 3 4 5
6 7

house?
A.

How long, you mean, does it take to get

there?
Q. A.

Yes. About 20 minutes. During the course of time from

Q.

8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Mr. Lundin's house to Scottsdale is Rachel in the same condition she was at the time Mr. smith brought her home?

A. Q.

Yes. At any time in the ride do yo~ know if she

is falling asleep?

A. Q. A. Q.
physician?

No. You didn't know or she wasn't?
She wasn't. Once at the hospital, is she seen by a

A. Q.

Yes.

Are you present during any of the time of

the examination?

A. Q.

The whole time. Were you also present during the time she

catheterized her to obtain a urine sample?

A.

Yes.

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145 1

2 3 4 5 6 7
8 9

Do you recall whether or not she was awake Q. at that time?

A.
Q.

Yes, she was awake. They did obtain a sample from her;

correct? A. Q.
Yes.

Is it also your understanding they were

testing that urine sample for the presence of drugs? A. Q. Yes. At some point in time did you become aware

10 11 12
,

of the fact the drug they were looking for was Halcion? A. Q. A. Q. A. Q. A. Q. A. Q. house?
A. No. MS. BOWEN: °I have no other questions of

NQ. Or a sleep agent? No. Are you familiar with the drug Halcion? No. Do you have a prescription for that drug? No. Do you know what No. Do you use any sleeping agents at your it's used for?

13 14 15 16 17 18 19 20 21 22 23 24 25

this witness.

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146 1 2 THE COURT:

All right.

Thank you.

Ma'am, the Defendant's attorney gets to
ask you questions now.

3 4 5 6 7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Mr. Griffith? MR. GRIFFITH: Thank you, Your Honor.

C R 0 S S - E X A M I N A T ION

BY MR. GRIFFITH:

Q.
that right?

Ms. Tseko, you do take antidepressants; is

A. Q.

Yes. Are you under the influence of those at Have you taken those drugs recently?

the present time?

A. Q.

I take them every night. Is that a imipramine? No. Do you know. what the principal ingredient

A. Q. A. Q.
my right?

is in imipramine? No. Do you recall talking to this gentleman to

A. Q. A. Q.

Yes. What is his name? Detective Powers. Did you talk with Detective Powers about

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147 1

your conversation with Rachel regarding the clothing

2 3

that was purchased for her?
A. Q.

Yes. Did you tell him that Rachel had $300 cash

4
5 6 7
8 9 10 11 12 13 14 15

with her that night?
A.
Q. A.

I don't remember. Don't remember telling him that?
Huh-uh, no.

Q.

Is that your memory of the way the facts

were, she had $300 that n~ght?

A. Q. A. Q.

I don't know exactly how much she had.
Would she have had $300? I don't know.

bid she tend to spend the money she earned

at the restaurant or did she tend to save it?

16 17 18
19 20 21 22 23 24 25

A.
she saves.

She is very tight with her money.

I mean,

Q. A. Q.

Does she have a savings account?
No, but she -

And did you. tell the detective that

Susan -- I mean, that Rachel was prepared to buy her own clothes?

A. Q.

I don't remember. Did Rachel tell you she in fact had

purchased those clothes that day?

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148 1 2 3 4 5 6 7 A. 8

A.
Q.

No. Did you and Rachel go over the cash

receipts that same night? A.
Q.

Yes. Is it your testimony you knew that very

night that smith bought the clothes for your daughter? Yes . So, of course, you called Mr. smith and

Q.
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

asked him why he was buying clothes for your daughter? NO. A. Q. When you looked at the clothes, they were

all professional or business type clothes; correct?
A. Not all of them.

Q.

They were all dresses and skirts and

blouses; right?

A.
Q.
A.

No. What else? Two pairs of shorts. Do you have those shorts? She still has them at home. Were those given to Detective Powers? No. The ones she had had on were. .Now, when you talked to

Q. A. Q. A. Q.

All right.

Detective Powers did you tell him it was your understanding that smith had purchased those clothes?

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149
1 A. Q.

Yes.

2
3

All right.

What other officer or

detectives did you talk to about this case? A.

4 5 6

I don't remember the other detective's

name.
Q.

You told us on direct examination that Kay Do you

7
8
9

smith was supposed to return on Saturday.
remember testifying to that?

A.

Yes.

10 11 12 13 14 15
16 17 18 19 20 21 22 23 24 25

Q.
A.
Q. A.

Kay smith never told you that; did she? No. William smith never told you that; did he? No. When was it you learned that Kay Smith was

Q.

supposed to return on Saturday, not Thursday?
A.
Q.

My daughter told me -- aSking me when? Yeah. When did you learn that?

A.
incident. Q.

The night before t~is happened, the

So the night before this happened, your

daughter says to you, oh, by the way, Mr. smith's wife and children are returning on Saturday? A. Yes. How did that happen to come up in

Q.
conversation?

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150 1 A. Q. She told me.

2 3

That was on -- are you familiar with your

daughter's history and involvement with alcohol?

4 5
6

A.
Q.

No. Do you know whether or not your daughter

has had any involvement with drugs? A. Q. No. Were you present in the room when the -

7 8
9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

when they used the catheter to take her urine sample?

A. Q.

Yes.

Because you're a nurse's aide, you know

what a catheter is; is that right? A. Q. A. Yes. Who all was present when that was drawn? There was a nurse, myself, and an

assistant nurse. Q. A. Q. Was the doctor present? Not that I recall. Is it safe to assume in this day and age,

everyone who was present was a female? A. Q. Yes. Okay. Do you know the name of the nurse

or the assistant nurse?

A. Q.

No, no. What size room was it that the catheter

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151 1

was taken?

Was it the emergency room, or was it a small What type of room was it?

2 3

side room of her own?
A.

It was a private room. Was it a bathroom? No. So it was her own private room off the

4 5 6
7

Q. A. Q.

emergency room; is that right or not right?

8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q.

Yes, that's right.
Do you know what happened to the urine

sample after it was collected?

Did you see what

happened to it? A. Q.
No. All right.

Now, do you recall doing an

interview with me?
A. Q.

Yes. How long ago was that?

A.

I don't remember exactly.
Q.

That was here at the County Attorney's
office? A. Q.

Yes. And the attorney at that time on this

case, Mr. Winter sat in; is that right? A. Q. Yes. Do you remember our discussing whether or

not you knew who was buying these clothes?

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152 1

Yes.

A.
2

Who did you say was buying the clothes at Q. that time?

3 4 Mr. smith.

A.
5 6 7 8 9 10 11 12 13 14 15
16 17 18 19 20 21 22 23 24 25

Now, when you were at the hospital, how Q. was your daughter acting?
A. Q.

The same as she had been. When you talked about these clothes with

your daughter, did you ever talk to her about her having
to pay back for these clothes? A. Q. No.

Was it your impression then that Mr. smith

was just buying her these clothes just out of the
goodness of his heart?

A. Q. doing this? A.
Q.

Yes. Did you call up to thank Mr. smith for

No. Why not?

A. her. Q.

Because I didn't ask him to buy them for

Did you tell your daughter you have to

write him a nice thank-you note thanking him for your buying these clothes? A. No.

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153 1

Q.

Don't you train your daughter to write

2
3

thank-you notes when MS. BOWEN:
THE COURT:

Objection, irrelevant.
sustained.

4
5 6 7 8 9
10 11 12 13

BY MR. GRIFFITH:
Q.

In other cases where your daughter

receives gifts, does she write thank-you notes?

MS. BOWEN:
THE COURT:

Objection, irrelevant.
Overruled.

I'll let you go You need to move

down this with one or two questions. onto another area. MR. GRIFFITH:
THE COURT:

That's fine.

You can answer the question.

14 15 16 17 18
19 20 21 22 23 24 25

Go ahead and restate your question. BY MR. GRIFFITH:

Q.

In other cases where your daughter

receives a nice generous gift like this, does she not write thank-you letters?

A.

Yes.

If it's from a relative. I have no further

MR. GRIFFITH: questions.
THE COURT:

Thank you, Mr. Griffith.

Ms. Bowen, redirect questions?
MS. BOWEN:

Yes, Your Honor.

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154 1

RED IRE C T BY MS. BOWEN: Q.

E X A M I N A T ION

2 3 4 5 6 7
8

You indicated, you do recall the interview

you had with Mr. Griffith. at the office of the County Attorney?
A.
Q.

Yes. Do you recall being asked several times

regarding who purchased the clothing for your daughter?
A. Yes.

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

Do you know exactly how many times you

were asked that?
A. No.

Q.
A.
Q.

It was more than once?
Yes.

Do you recall that each and every time you

insisted that your daughter had told you Mr. smith had purchased the clothes for her?
A.
Q.

Yes.

At any time did you ever indicate that

your daughter told you she had purchased the clothing?
A. No.

Q.

So you were well aware at the time they

were purchased, and the night she brought them home Mr. smith was the person who purchased them for her? A. Yes.

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155 1 2 3 4 5 6

Q.

In fact, it was your understanding, she

told you he insisted on buying them? A. Q. told her no? A. Q. Yes.
You conveyed that to Mr. Griffith in the

Yes. Despite if she wanted to pay for them he

7 8 9 10 11 12
13 14 15 16 17 18 19 20 21 22 23 24 25

interview; is that right? A. Yes. Now, you indicate that in your business

Q.

you're aware of the use and purpose of a catheter?

A.
Q.

Yes. Why would somebody use a catheter to

obtain a urine sample rather than a clean-catch?

A.

She was on her period. Was the purpose of the catheter to

Q.

eliminate contamination?

A. Q.

Yes. You're getting a urine sample without any

contamination; correct?

A. Q.

Yes. Is it also the practice when you do that

you put it in some vial or container that's marked for that patient? A. Yes.

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156 1

Q.

The purpose is to preserve who that vial

2
3

container belongs to; correct? A. Um hum, yes. Was it done on this occasion regarding the

4

Q.

5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

sample taken from your daughter? A. Yes. MR. GRIFFITH: That's speculation.
THE COURT:

Objection, Your Honor.

Well

-

MR. GRIFFITH:
MS. BOWEN:

Move to strike the answer.

She was present during the

time it was taken.
herself.

She was aware of the practice

THE COURT:

Ask the foundational question,

whether she was present and observed that. BY MS. BOWEN:

Q.

You indicated that you were present in the

room at the time the catheter was used on your daughter?

A. Q. A. Q.

Yes. During the bourse of the entire procedure? Yes. Did you also take

-- I take

it a catheter

tube was inserted into the urethra to obtain urine from the bladder?

A.

Yes.

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157 1

Q.

It sends like a hose to put into some

2 3
4

container to contain the urine?
A.

Yes.

Q.

Did you see the hose go into a container? Yes. Did you observe what type of container

5 6 7
8

A. Q.
that might be? A.

Little plastic cup. Was that plastic cup marked in some way to

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

indicate it belonged to your daughter?

A. Q.

Yes. The medication you take for depression,

again, what is the name of that?

A. Q.

Imipramine.

And has your daughter ever used that

medication of yours?

A. Q.

No. Are you able to monitor the amount of

medication you have based on the prescription that you are given?

A. Q.

Oh, yeah, yes. Has any of that ever been missing from

your prescription?

A. Q.

No. You would know that because you need it on

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158 1

a regular basis?

2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A.

Correct. MS. BOWEN:

I have no other questions of

this witness.
THE COURT: Thank you.

May this witness

be excused?
MS. BOWEN:

Yes, Your Honor. Yes, Your Honor. Thank you, ma'am. You're

MR. GRIFFITH:
THE COURT:

excused as a witness in this case.
THE COURT:

Before I have us all take our

recess for the afternoon, or for the day, Members of the Jury, would counsel please approach? (Side-Bar Conference, off the Record)
THE COURT:

Members of the Jury, we will

take our recess now for the evening. to apply during each evening recess.
evening.

Same admonition is Have a good

Remember not to discuss the case with anyone

else and we will be starting at 1:30 tomorrow, without delay. today. I'm going to stay here on the bench and talk to the counsel. Once again, have a good evening And I want to thank you for your attention

and we will see you tomorrow at 1:30.
(Jury left)

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159 1 THE COURT:

All right.

The Jury has left

2
3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the courtroom.

Counsel and Defendant and case agent and I appreciate your The only

court reporter are still present.

submitting your instructions, Mr. Griffith. addition is the RAJI instruction 12.05.

Does that mean

that you agree with the other instructions MR.; GRIFFITH: another.

Your Honor, there should be

There is the definition of facilitate, which

I've taken from THE COURT:

Yes, there is.

Facilitate in

quotes is on the back sheet. MR. GRIFFITH:
THE COURT:

Yeah.

Aside from those additions,

aside from those, it's just the standard.
THE COURT:

You've already reviewed

Ms. Bowen's requested instructions?
MR. GRIFFITH:
.

Yeah. All right, all.right.

THE COURT:

Anything you think you need to bring up to my attention before we start at 1:30 tomorrow afternoon? MR. GRIFFITH: Your Honor, the prosecution We do need to do

has asked for a voluntariness hearing. that.

I think we can probably do that in three minutes I think it probably needs

right now if you wanted to.

to be done before tomorrow because I assume she was

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