Free Response - District Court of Arizona - Arizona

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1 II TERRY
GODDARD

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ATTORNEY GENERAL II (FIRM STATE BAR No. 14000)

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AARON J. MOSKOWITZ ASSISTANT ATTORNEY GENERAL CRIMINAL ApPEALS SECTION 1275 II W. WASHINGTON PHOENIX, ARIZONA 85007-2997

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TELEPHONE: (602) 542-4686
(STATE BAR NUMBER 022246) ATTORNEYS FOR RESPONDENTS

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UNITED STATES DISTRICT COURT

8 DISTRICT OF ARIZONA 9 10 WILLIAM FLOYD SMITH, CIV 04-573-PHX-FJM (MS)
II

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Petitioner,
-VS

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DORAB. SCHRIRO, et aI., Respondents.

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EXHIBIT I, PART 3, PGS. 80-119 FOR ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS

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24 25 26 27
Case 28 2:04-cv-00573-FJM Document 33-10 Filed 08/11/2005 Page 1 of 41

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Exhibit 21 is also admitted. BY MS. BOWEN: Prior to Ju~y 7th had you had any of that cider to drink before?
A. occasion. No.

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Q.

I thought it was saved for a special

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Q.
A.
Q.

Did you believe it to be alcoholic? No. During the time that Mr. smith is

preparing this drink for you, did you accompany him at
any time?

A.

No. Did you go in there to see what he was

Q.
doing?

A. Q.

No .
What is it he hands you to drink when he

brings a drink to you?

A. Q.
Exhibit 22.

A coffee cup full of it. I'd like to show you what has been marked

May I approach?
THE COURT:

Yes.

BY MS. BOWEN: Q. A. Do you recognize Exhibit 22? Not specifically. But it's a coffee -

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Is it one of the coffee cups that was

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contained at Mr. smith's home? A.
Q.

Yes. Is it similar to the coffee cup he gave

you to drink out of? A. Q. I don't recall. Do you recall seeing that coffee cup at

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his residence as one of the ones he would use? A. I never really looked at his coffee cups. Do you or do you not recognize Exhibit 22

Q.

as the mug he gave you to use that day?

A. Q.

No, I don't. At the time Mr. smith was pouring the

drink for you, did you see what it was he was pouring into the coffee cup?

A.
Q.

No, I didn't. As part of your duties at Mr. smith's

house would you be required to put dishes away?

A.
Q.
A.

No.

Or go into his cupboards at all? No. Where are you when Mr. smith brings you

Q. the drink? A. Q.

sitting by the chest of videos. That's in the living room?
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Case 2:04-cv-00573-FJM

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Yes.

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Did you drink the cider? Yes. And was there anything about the taste

A.
Q.

that struck you as unusual? A. small glass. Q. A. Q. Again , No. was there anything about the taste? ! drank it fast because it was such a

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Were you familiar with what that cider

should taste like to know if it tasted different? A. Q. A. Q. after that? A. No. Did you like the taste of it? I drank it quickly. I don't remember.

Were you offered anything else to drink

He 'noticed that I was thirsty since I

finished the glass quick, so he gave me another drink.

Q. cider itself?
A.

Did you mak~ any comments to him about the

Can you, like -- I, I don't understand. Did you feel at all different having drank

Q. the cider? A.

When I stood up and I turned around the

couch yes, I did.
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Q.

What, what point in time from when you

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drank the cider was it until you stood up and turned?
A.
Q.

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It was, like, two minutes at the most. What was it that you felt at that time? I had -- I felt really dizzy and, like,

A.

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something had suddenly hit me, like as if I was drunk or something.
Q.

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Did that feeling cause you to inquire of

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Mr. smith whether or not that cider had alcohol in it? A. Yes. And were you assured in some fashion that

Q.
I A.

that cider did not contain alcohol? Yes.
I

He had.setithe bottle on the table , ; I

and said, well) look at the bottle, it's ri~ht th~re.

Q.

I

In fact that label indicates there is not

alcohol in it; correct? A. Q. A. Yes.
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How many glasses of cider did you have? Two coffee cups. At the time you were drinking the cider

Q.

did you feel -- did it taste odd in any fashion?

A. Q.

I didn't know.

I drank it too quickly.

What time is it do you think that you're

having the cider?

A.

It was probably around 1:00 o'clock. Document 33-10 Filed 08/11/2005 Page 5 of 41

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84 1 2 3

Q.
time? A. Q.

Was there any way for you to verify the

No. Is that just because I had on the board of

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the time you had been at his house?

A.
Q.

Yes. Up to that time had you called or talked

with anybody on the phone? A. No. Had anyone called you? No. Were you interrupted at all, you or

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Q.

A. Q.

Mr. smith by the phone?

A. Q.

No. Now, you've indicated previously that you

felt a little dizzy?

A. Q. A. Q. A. Q.
tired? A.

Yes. Did that feeling continue? Yes. Did you have any other symptoms? I was really tired and I sat on the couch. bid you let Mr. smith know that you were

I said, I feel really really weird and he

goes, well lay down.
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Q.
A.
Q.

I'm sorry.

He told you what?

He told me to lay down. Did you do that?
For a minute.

A.

And then I sat up because

I

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wanted to watch the movie.
Q.

Do you recall what movie it was that you

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wanted to watch?

A. Q.

Under Siege. Did you watch that movie? No. Do you know how far you got into the

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A. Q.
movie?

A. Q. A.

I don't even remember seeing it on the TV. What happened at that point? I had sat up and I remember him pushing my I don't

head down and saying, stop fighting it. remember anything after that.

Q.
something?

When is the next time you do remember

A.
that night. Q. A.

I remember going to my uncle's house later

That same date? Later that night. Do you recall how you got from Mr. smith's

Q.

house to your house?
Document 33-10 Filed 08/11/2005 Page 7 of 41

Case 2:04-cv-00573-FJM

86 1

A. Q.

No.

I have been told but I don't recall.

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Did you recall anyone else being present

at Mr. smith's house?
A. Q.

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No. Was anyone else present at the time you

drank the cider?
A.

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No. Do you recall what time it is at the time

Q.

you're at your uncle's house?

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A.
Q.

7:00 or 7:30.

But since that time you have 'been told

information about events that happen between the 1:00
o'clock time and the 7:00 o'clock time?

A.

Yes. other than what you have been told, do you

Q.

have any independent recollection of those events?

A. Q. A.

No.
Do you recall ever meeting Mrs. Smith? No. Or talking with your mother? No. Do you recall doing anything else at

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Q. A. Q.

Mr. smith's house such as cleaning or business work? A. Q. No. Now , you have indicated you remember being

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at your uncles house at 7:00 o'clock that evening?
A.

Yes, about 7:00.

Q.
there? A. dad.
Q.

Do you know what time it was you got

No.

But I had to be in time to talk to my

You don't know what time you got there,

but you knew you had to be there in time to talk to your
father?

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A.
Q.

Yes.

I had to be there, 7:00 or 7:30.

Was it a scheduled phone call? Yes. Based on the fact he doesn't live in the

A. Q. residence?

A. Q. him? A. Q.

Yes. So you were expecting a phone call from
I

Yes. Do you know how it was that you got from

wherever you were in your uncle's house to the phone to talk to your father?

A. Q.

No. Do you remember talking to him? No. Is the reason you know it's 7:00 o'clock

A. Q.

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because that was the time scheduled for him to call?
A.
or 7:30.

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Yeah.

I don't know exactly if it was 7:00

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Q.

Did someone bring you to the phone or get

you to the phone?
A.

I don't recall. Some time during that evening were you

Q.

taken to the hospital? A. Q. there? Yes. Do you know who it was that took you

A. Q.
there? A. Q.

I think it was my mom, my uncle. Do you know what time it 'was you went

No. Do you recall the events that occurred to

you as you were at the hospital?
A. Somewhat.

Q. Dr. Suchor?

Do you recall specifically talking to

A.
Q. you?

I remember talking to the aide. Whether or not any lab work was done on

A. Q.

Yes, I remember. Did they ask you for either a urine sample
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or blood sample?

A.
Q.

Yes.
Do you recall giving that sample?

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A.

Yes. Now, you've indicated that your academic You're involved

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Q.

performance is pretty good at school. in extra-curricular activities? A.
Yes.

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Q.

Do you use drugs?
No.

A.

Q. A. Q. A. Q.
A. Q.
house?

Have you ever used Halcion on your own?
No.

Were you aware Mr. smith had Halcion or a

prescription for Halcion at his house? No. Had you ever gone through his closets or

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cupboards looking for that? No. Had you ever taken anything from his

A. Q.

No. Had you ever taken a bottle of Halcion

from his house? A. Q. No. Do you know what it looks like?
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A.

No.
Do you know what it is?

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Q. A.

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No.
MS. BOWEN:

.I have no further questions of

this witness.
THE COURT:

Thank you.

This would be a
we

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good time to take our afternoon break, even though started late, Members of the Jury.

Let's take our mid

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afternoon break for 15 minutes, then we will resume.

Please remember the admonition not to talk about the case and we will be starting back in 15 minutes.
Thank you.

You can step down.

(Break)
THE COURT:

"The record will show the

presence of the Jury, both counsel, the Defendant Mr. Smith, the case agent, court reporter and the witness Ms. Tseko back on the witness stand. At this

time, we will proceed with the questions by the defense counsel, 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.

Rachel, you" lied to your mom about these

clothes; didn't you?
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MS. BOWEN: question. THE COURT:

Objection to the form of the

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Overruled.

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BY MR. GRIFFITH:
Q.

That means you can answer. What is your question? You have lied to your mom about who paid

A.
Q.

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for these clothes; didn't you?
A.

No.

Q.

You didn't tell your mom you paid for it

with the $300 you supposedly had?
A.
Q.
,

No, I didn't. Rachel, do you recognize Detective Powers

here to my right sitting next to Ms. Bowen? A.
Q. A. Q. clothes? A. Q. that you told clothes? A. Q. No.
Yes, I d,o.

Did you have a conversation with him?
Yes, I did..

Did you lie to him about who paid for the

No, I didn't. Did you lie to him about telling your mom, your mom that you had paid for these

Did you tell Detective Powers you had $300

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with you when you went to the mall? A. Q. I don't recall. I don't think so. Did you tell your mom you had $300 with

you when you went to the mall?
A.

I don't recall. You didn't have any $300; did you? I don't know if I did. I don't remember.

Q. A.

Q.

Now, you said, as Mr. smith was buying

these clothes, you didn't think anything of it; is that right?

A.
Q.

No.

I felt awkward. I thought you said before

Felt awkward?

you felt happy.

A.
me like that.

I was excited.

I never had anyone spoil

Q.

And you had had no conversation with him

about the fact that you were going to have to pay back
for these professional clothes?

A.

He said, on the way home, that if my mom

had a problem with it, I could tell her, if I wanted, that he was going to take the money out of my paycheck. But, I have no reason to lie to my mom so I didn't say
anything ,to her. Q.

So you never went over the receipts that

night with your mom and told her you had paid for

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93 1 2 everything?

A.
Q.

I never said I would pay for everything. Did you go over the receipts that night

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with your mom when you got home with those clothes?
A.

I wanted to show her how much he had spent

on me.
Q.

So you sat down, went over the receipts

with your mom, and told her Mr. smith had paid for all these items; is that right?

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A.
Q.

Yes.

But! didn't have all the receipts.

So, if your mom told Detective Powers that

you told her that you had paid for everything, that would be inaccurate?
MS. BOWEN:

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

Objection to the form of the

question, speculation as to this witness, and improper vouching.
THE COURT: Overruled.

I assume you

expect to tie this up later, Mr. Griffith? MR. GRIFFITH:
Yes, sir.

When I get

Detective Powers on the stand.
THE COURT: THE WITNESS: Overruled.

What was the question? Should I repeat it? Read

MR. GRIFFIT8: I can repeat it.
THE COURT:

Why don't you repeat it.

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BY MR. GRIFFITH:

2 3

Q.

If your mom were to tell Detective Powers

you went over those receipts with her and told her you bought all those items, would she be inaccurate? A. Q. Yes. Let's go back to when you first met

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Mr. smith, when he was questioning you about your
capabilities for the job. do word processing; right?

He asked if you knew how to

A.
Q.

I don't recall.

And you are capable of word processing;

are you not? A. I don't think -- no, I have never been in

word processing. Q. A. Are you familiar with Word Perfect? No, I'm not. Familiar with Word Star? No, I'm not. Isn't it true that at Mr. smith's office

Q. A. Q.

you used to work on the computer?~

A. Q. A. Q. A.

I wrote letters to my friends. That was on the computer? When he put it on, yes. You also worked on invoices; did you not? What are invoices?

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Q.

Are you claiming you do not know what

invoices are, you have never worked on the computer to do invoices?
A.
Q.

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No. You also claim that clients never came in

to Mr. smith's business? A.
Q.

No, not that I recall. You're certainly aware of the fact they

were working 70, 80 hours a week, all three of them?

A.
Q.

I only met one other. You met James; right? Met James smith,

william smith's brother? A. Q.
A.
, Q.

I didn't know his last name. You met David Scott? I don't recall meeting him. You do not recall three men working at

this business?

A.
Q.

If I think back, I only remember two.

Now, when you were talking to Detective

Powers, you never told him that William smith supposedly said you had a beautiful body; did you? A. Q. Maybe not in those words.
You just made -- you just told us that for

the first time here on the stand; isn't that right? A. Those words.

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Q.

So your

testimony is you told Officer -- I

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mean, Detective Powers in some other words?
A.

He said that, not to be modest and to feel I don't know what you're asking. I'm asking you if you never told Detective

comfortable.
Q.

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Powers that Mr. smith supposedly said you had a beautiful body.

A.
Q.

I never said that to Detective Powers. Detective Powers asked you what exactly

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did Mr. smith say to you.

A.

Yes.

But I can't recall word for word. Now, your interview with

Q.

All right.

Detective Powers was soon after this alleged incident; right?

A. Q.

Yes. All right, all right. You said about two

minutes after drinking this apple cider you started

feeling like you were drunk; right?

A. Q.
drunk?

Yes. Do you know what it feels like to be

A.

Yes. And this was within two minutes of

Q.

drinking the apple cider?

A.

Yes.

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97 1 2 3 4 5
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Q.

How much time was -- how much time

separated your two drinks of the apple cider?
A.

I don't recall.

They were one right after

the other.
Q.

Now, you told us today that he supposedly

pushed your head down and said, stop fighting it; right?
A.

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Yes. You never told that to anyone else before

Q.

today; have you? A. Q. Yes, I have.

Never told that to Detective Powers; did

you?

A.
Q.

I don't recall. Detective Powers asked you what you could You said you couldn't remember anything about

remember.

it; is that right?
A.

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I don't remember what I said to Powers. I want to go now to when you gave the Do you recall giving the urine sample? I recall me being on my period so they had

Q. urine sample.

A.

to give me a catheterism or something, and I was joking with the aide about that.

Q.

Who all -- was Detective Powers present in

the room when you were doing this?

A.

I don't know.

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Q.

They did not go to the hospital until many

hours later; correct? A.
Q.

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From what time? Many hours after you were supposedly given

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this drug; right? A. Q. Right.
So you weren't feeling the effects of the

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drug while you were at the hospital; were you?

A.

I can't remember bits and pieces

throughout the whole night, even talking to the detect

-- the policeman
Q.

that came to my house. Who was

What I want to know is this:

present when you gave the urine sample?

A. Q.

I don't know.
All right. You said that you were joking

with the aide; is that right?

A.
Q.

Yes.
And that because of your period, they had

to use a catheter; is that right?

A. Q. A.
Q. A.

Yes. And they did use a catheter?
Yes. And the aide used a catheter? I don't know who used the catheter. I And I

remember they told me

-- I only

remember pieces.

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99 1 2 3

remember that the aide, they introduced me to the aide and I was, like -- oh, I bet you love doing this sort of thing. I don't recall people or faces really.
Q.
A.

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You remember Dr. Suchor or Suchor? No, I remember a doctor. I don't -- no

names or faces. Q.

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Is he an older male, white doctor; is that

right? A. Q. A. Q. I don't know. Don't recall? I don't recall that.
When you gave the urine sample, were you
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out in th~ middle of a large room, ,like a hotel -- like
, I

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a hosp~tal lObRY or hosp~tal emergency room, or were you taken off into sort of like a bathroom?

A.
Q.

I don't know. Is it fair to say, Ms. Tseko, you're not

commonly called upon to give cath~ter urine samples?

A. Q.
was it not? A. Q. experiences?
.

True.
So it was an unusual experience for you;

Yes, very.

Do you not tend to remember unusual

A.

Not when I am half with it.

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100

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Q.

So you're saying that even at the hospital

you were supposedly feeling the effects of this drug; is that right?
A.

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I don't remember bits and pieces

throughout the whole night, yes.
Q.

All right.

I don't want to belabor the

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point.

I'm going to ask you one last time, do you know

whether the room was large or small when you gave your
catheter?

A. Q.

No. Do you remember who all was standing there

when you gave your catheter? A. Q. No. Do you think you would remember if you had

to give a urine sample and an older white male was standing there watching you? A. Q. Now? Yes.

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You had talked to Mr. smith about problems

your mom had been having with your father; correct?

A. Q.

Yes. And you had told your -- you had told

Mr. smith your father was a psycho; right?
MS. BOWEN: MR. GRIFFITH:

Objection, irrelevant.
Goes to the relationship.

MS. BOWEN: May we approach?

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101 1 THE COURT:

Yes.

2 3

(Side-Bar Conference, off the Record)

BY MR. GRIFFITH:
Q.

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You did discuss with Mr. smith several of

your family members; did you not? A.
Q.

Yes.
All right.

Now, on the date of July 7th,

isn't it fair to say that-you went over there because Mr. smith had had his rugs shampooed and he had to have the furniture put back in place?

A. Q.

I don't recall if that's the exact reason. And you knew his wife was coming back that

very afternoon; did you not?
A.

No.

I was informed that she was supposed

to be back Saturday.

Q.

So now you're saying you knew the exact

date she was supposed to come back?

A.
positive.

That's what-he had told me.

I'm not

Q.

You're saying that he told you that she

wasn't due back until Saturday; is that right?

A.

That's -- I don't know exactly if that's But that's what I got from him.

what he told me.
Q.

Now, when Mrs. smith returned home with

the two kids, you were sitting on the telephone talking

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102 1 2 3 to friends; right? A.

I don't remember. Isn't it fair to say you spent quite a bit

Q.

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5

of time that afternoon on the phone?

A.
Q.

I don't remember talking on the phone. Now, isn't it true that when you left the

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home, rather than acting like you were drugged, you picked up ten movies from their collection and took
those with you? A. Q.

I don't remember. Don't remember picking up different movies

and taking those home?

A. Q.

No.
All right.

Now, after Detective Powers

got done talking to Mr. smith, did Detective Powers come back and ask you questions about your prior drug use?
A. Q.

17 18 19 20 21 22 23 24 25

I don't recall. You don't recall Detective Powers asking

you whether or not you had used drugs?

A. Q.

Yes, he had.

Do you recall telling Detective Powers

that you had talked to Mr. smith about you going to parties where alcohol was imbibed?

A.

I told Mr. Powers that I talked to him

about things I did, not necessarily that, I don't

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103 1 2 3

recall. Q. These are parties where alcohol is served

and drugs are used?
A. Q. A.

4
5 6 7 8 9

I don't remember telling Mr. smith those. You have been to such parties? Yes. And you are familiar with Halcionj are you

Q.
not? A. Q. A.

No. You familiar with downers? No. You have friends that use crystal methj

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

Q. do you not?

MS. BOWEN: .Objection, irrelevant, non-foundational.
THE COURT:

sustained at this time.

BY MR. GRIFFITH:

Q.
terms? 1\. Q.

And are you familiar with various drug

Depends on what they are. Are you familiar with the term crystal

methamphetamine?

A. Q.

Yes, I am.

Are you familiar with what drug is used to

combat the high caused by crystal methamphetamine?
Document 33-10 Filed 08/11/2005 Page 25 of 41

Case 2:04-cv-00573-FJM

104 1 A. Q.

No.

2
3

Are you aware that people who take

crystal methamphetamine take other drugs to calm
themselves back down? MS. BOWEN:
THE COURT:

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

Objection, irrelevant.
Overruled.

THE WITNESS: BY MR. GRIFFITH:

No.

Q. A.

Not familiar with that? No. MR. GRIFFITH: I have no further

questions, Your Honor.
THE COURT: Thank you.

Redirect?

RED IRE C T

E X A M I N A T ION

BY MS. BOWEN
Q.

You've indicated that prior to going

shopping, Mr. smith told you he was going to take you shopping; is that correct? A. Yeah. Was that discussion at the dinner that you

Q.

were at with your mother?

A.
shopping.

I don't recall.

It was before we went

I don't know when.

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105 1 2

Q.

Do you recall that discussion being in

front of your mother at all where she would have made a comment about the fact you were going shopping?

3 4

A.

She knew we were going shopping.

I don't

5
6

know if it was at dinner or not.

Q.

During the course of shopping did you

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

attempt to pay for any of the clothing?
A. No. Do you recall whether or not you had a

Q.

wallet or purse with you that evening?
A.
Q. I don't recall.

Now, you indicated that Mr. smith told you

that if your mother had a problem with the amount of clothing he purchased you, you could tell her a story?
A. Q.

If I wanted, yes.
That version of events was that you could

tell her he was going to take money out of your paycheck? MR. GRIFFITH: your paychecks.
THE COURT:

I'm going to object, out of

Recaps or restates testimony
Overruled.

already in the record. BY MS. BOWEN:
Q.

My understanding, he would tell you he

would take money out of paychecks?

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106

1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q.

Yes. That's the version of events he told you

you could tell to your mother?
A.

Yes. Did he indicate how much money you should

Q.

tell your mother he was going to take out of your
paychecks?
A.

I don't remember.

It was 50 bucks out of

each paycheck, or 10.

I don't know.

Q.

Do you recall telling the Detective, it

would be $10 a week he would take out of your paycheck?

A.
recall. Q.

I think that's what he told me.

I don't

Did Mr. smith also indicate to you whether

or not that was true, whether he actually would be taking money out of your paycheck?

A.
Q.
A.

He said he wouldn't. But that was just a story for you to tell? If my mom had a problem with it. Did you in fact tell your mother that

Q.

version of events?

A.
Q.

No. Did Mr. smith ever take money out of your

paycheck, telling you it was in repayment of the
clothing?

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107 1

MR. GRIFFITH:

Objection, Your Honor, No paychecks after this

2 3

assumes facts not in evidence.
allegation. THE COURT:

4
5 6

Why don't you rephrase it.

BY MS. BOWEN:
Q.

Had you indicated after the clothing was

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

purchased he never paid you? A. Q. Yes. Did you have money being owed to you by

Mr. smith for hours worked?

A. Q. A. Q.

The hours I worked, I suppose. Do you know how many hours that was?
I don'tl, 'I don't recall.

Did he ever send you a notice saying, yes,

I do owe you money for the hours worked, but instead I'm paying for the clothes I bought you?

A.

No. MR. GRIFFITH: Objection, Your Honor, he
That

was ordered not to have any contact with her. would have been a direct violation.
THE COURT:

Counsel, will you please

approach at this time?
(Side-Bar Conference, off the Record)
THE COURT:

The Defendant's objection is

overruled.

You can go ahead with your question,

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108 1

Ms. Bowen.
MS. BOWEN:

2 3

Thank you.

BY MS. BOWEN: Q. Did you ever receive a last payment for

4
5

the hours you worked for Mr. smith? A. Q. No. Anything indicating the payment, this was

6 7
8

being withheld because you owed him money for clothing? A. Q. No. Now, you indicated you recall meeting

9
10 11 12 13 14 15 16

somebody by the name of James at Mr. smith's employment but not his last name? A. Q. Yeah. Were you aware at the time the person you

met was his brother? A. Q. No. Was ~here any conversation between the two

17
18 19 20 21 22 23 24 25

of you thatl would indicate that they were related? A. Q. A. Q. No. Or looked very similar to each other?
No.

How frequently is it you meet a person by

the name of James?

A. Q.

What do you mean? Did you meet a person named James on more

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109 1

than one occasion?
A.

2 3

At the time I worked for him? At the time' you worked for Mr. Smith, yes. Not that I recall. Did you meet that person ever at

Q.
A.
Q.

4
5 6
7

Mr. Smith's home? A. Q. No. When you met him was it always at

8
9 10 11 12 13 14 15 16

Mr. smith's business?

A. Q.
Scott.

Yes. And Mr. Griffith put out the name David

Do you recall meeting anybody named David?

A.

I might have.

I don't remember

anything -- I don't remember a David Scott.

Q.
the business? A.

Do you know what their relationship was to

17 18 19
20 21 22 23 24 25

They worked for him. Were they there every time you were there? I know James was there. I didn't know his

Q. A.

name but he was there, that guy. was there.

That is James, but he

Q.

You indicated you know that James was at

the business when you were there?
A.
Q.

Yeah.

Again, he was never at the house though?

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110 1 A. Q.

No.

2
3

Do you know how many total hours you

worked at Mr. smith's business where James was there?
A. Q.
A.

4
5 6
7

No, I don't. Do you know where James resided? He said that James was staying with him,

but I never saw James at the house.
Q.

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

Was there anything at the house to give

you the indication that James lived there?
A.

No. Do you have any computer experience from

Q.
classes?

A.
computers.

None that would have anything to do with Li~~, just typing, keyboarding. But I don't

know how to, like, work a computer.

Q.

Do you know. what kind of computer

Mr. smith had at his business?

A. Q.

No, I don't. Or any of the computer terms that would be

associated with the programs that are on that computer? A. Q. No, I don't. Other than typing a letter, did you ever

do any other business work on the computer? A. Q. No. You were asked about invoices.
Document 33-10 Filed 08/11/2005

Do you

Case 2:04-cv-00573-FJM

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111 1 2 3 4 5 6 7
8

know what that term means?
A.

No, I don't. Were you ever asked to tally up piece of

Q.

paper or ledgers, the price of certain business products or anything like that?
A. Q.

No.

Or send a billing statement to somebody

saying you owe us money for something?
A. Q. No.

9
10 11 12 13

Were you ever required to order any

business supplies?
A.

No.

Q.

What was the extent of the actual business

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

work you did for Mr. smith?
A.

I would organize things, like put, like

blueprints in order by, like, if it was a hospital or a store, and then, another time, he made me'put, like paper in order.
Q.

Did you file? Not really. Just put them in order, not

A.

put them anywhere.

Just, he did that.

Q.

Did you ever write anything official on

behalf of the business?
A.

No.

Q.

At the time that you were at Scottsdale

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112 1

Hospital, you indicated that you're feeling still under the effects of the Halcion?
A.

2 3

Yes.

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

Q.

Whatever it was you had at that time, was

that affecting you having difficulty remembering what was going on? A. Q. Yes. Now, you indicated previously that, you

know, you must have talked to your father because the phone call was prearranged? A. Q. A. Q. Yes. Where was your father calling from?
California~
i

Where does he reside? California.

A. Q.

Prior to July 7 when was the last time you

saw your father?

A. Q. A. Q.

November 5th. Did you see him on July 7th? No. Do you know whether you have any movies
"

from Mr. smith's house at your residence?

A. Q. A.

Yes, I do.

How many do you have? I think like five or six.

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113
1 Q. A. Q. A.

Do you know how they got there? No, I don't. Has anyone told you how they got there? My mom said he came with him and his kids

2 3
4

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

when he dropped me off at,home.
Q. A. Q.

You're talking about the day of July 7? Yes. They were delivered with you to the house

at that time?

A. Q.
A.

Yes. Do you remember picking out those movies? That's what I was picking out from the

chest, yes. Q. A. Q. A. Q. Prior to the time you had the cider? Yeah. They were put aside ready for you to take? Yes. Mr. Griffith asked you some questions Have you had any education in school

about drug terms.

regarding drug terminology or the drug names?
A.

Not really.

Our school is very

conservative.

Q.

How is it that you know the term

methamphetamine?
A.

I don't know that term, as crystal -

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114
1

whatever he said.
Q. A.

2 3

How is it you came to learn that word? My dad. Now, you also indicated there were parties

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

Q.

in which alcohol was consumed; correct? A.
Q.

Yes. Now, you never indicated to Detective

Powers drugs were used at those parties; is that
correct?

A .
Q .

Yes. Have you ever used any drugs at any

parties? A . Q . A . this witness.
THE COURT:

No, I haven't. Have you used drugs at any time? No~ I haven't.
MS Bowen:

I have no other

'

questions of

.Thank you.

May this witness be excused? MS. BOWEN: Yes, Your Honor. Yes, Your Honor. You can step down,

MR. GRIFFITH:
THE COURT:

Thank you.

and you're excused as a witness at this time. MR. GRIFFITH: Your Honor? Is she subject to recall,

I would ask that she be.

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115 1 THE COURT:

All right.

Ms. Tseko, you are

2 3

going to be subject to recall.

That means that you may If

be required to come back and give further testimony. that's the case, I'll make sure the attorneys give you as much advanced notice as possible. All right?
MS. BOWEN:

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

Thank you.

The State calls Susan Tseko. All right.

THE COURT:

(Witness sworn) THE COURT:

Ma'am the microphone will pick Thank you.

up your voice the way it is right now. Ms. Bowen?

S USIA N

T S E K 0

called as a witness herein, having been first duly sworn, was examined and testified as follows:

D IRE C T BY MS. BOWEN:

E X A MI N A T ION

Q.
A.

Please state your name.
Susan Tseko!

Q.
A.

I What is your occupation?

Nursing assistant. Do you have a daughter by the name of

Q.
Rachel?

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116 1 2
3

A.
Q.

Yes. Was that the child that just left this

room? A.
Q.

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

Yes. Were you aware that in 1994 your daughter

worked for a person known as William Floyd smith? A. Q. Mr. smith? A. Yes. Is the person you know as Mr. William Yes. Did you have the occasion to meet

Q.

Floyd smith in the courtroom today? MR. GRIFFITH: We will stipulate to ID.
THE COURT: Thank you.

We are not contesting ID.

Can you answer that question?
THE WITNESS: THE COURT:

Yes. Go ahead and tell us where you

believe Mr. smith to be in the courtroom. THE WITNESS:
THE COURT:

Right there.

That doesn't show on the court

reporter's record.

Can you describe what he's wearing? Black suit, black tie,

THE WITNESS:

THE COURT:

All right.

The record will

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117 1

show the identification of the Defendant by this witness. MS. BOWEN: BY MS. BOWEN: Q. Mr. smith? A.
Q.

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

Thank you.

Do you recall when it was you first met

Yes. Can you give us a timeframe in which that

occurred?

A. Q.

6:00 o'clock in the evening. Do you know what day of the week it was or

what day it was? A. Q. No. Why was it you were meeting Mr. smith?
He wanted to take Rachel out to dinner. Had he already engaged your daughter in

A. Q.

employment by that time?

A. Q.

Yes. Had you met him prior to your daughter

working for him?

A. Q.

No. Were you aware of any of the circumstances

surrounding her employment, where she was to work, what her hours were, what her rate of pay was?

A.

Yes.

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118
1 Q.

How did you learn that information?

2 3

A.
Q.

Through Rachel. At the time you had dinner with Mr. smith

4
5 6

who else was present?
A. Q.

Just my daughter and myself. How long had Rachel been working for him

7 8

at that time? A. Q. I don't remember exactly. Was there any particular reason why you

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

were going to dinner?
A.

No. Were you invited by Mr. smith to go to

Q. dinner?

A No. . Q How is it that you went to dinner? . A My daughter insisted that I go. She . wanted me to go. I was making excuses that I, you know,
was too tired, why should I go. And I went because she

wanted me to.

Q. A.
north of Shea.
Q. know? A.

Do you recall where that dinner was? Macayo's Restaurant on Scottsdale Road

How long did that dinner take, do you

An hour and a half I guess.

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119 1

Q.

During the course of that dinner, was

2 3

there any discussion about Mr. smith taking your daughter shopping?
A. Q.

4
5 6

I don't remember. At the time that your daughter was working

for Mr. smith was she working anyplace else?
A.
Q.

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

Fountain Restaurant. Did she have regular set hours at that

location? A. Q.

Yes.
So far as you know, did your daughter have

regular set ho~rs at Mr. smith's employment?
A.
Q.

Yes.

.
I

What was your understanding of per hourS

with Mr. smith's employment?

A.

There wasn't always set hours, but he

would pick her up in the morning, then bring her home. Like, she would work until, like until 5:00.

Q.

Was that part of the working agreement,

that he would pick her up and take her home?

A.

No.

My boyfriend took her a few times.

So that wasn't -- I mean -

Q.

It wasn't necessarily required that

Mr. smith took her? A.
No, no, no.

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