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239
1
IN THE MISSOURI COURT OF APPEALS
2 EASTERN DISTRICT OF MISSOURI
3 RUSSELL S. FARIA, )
4 Appellant, )
6 STATE OF MISSOURI, )
7 Respondent. )
11 STATE OF MISSOURI, )
12 Plaintiff, )
14 RUSSELL S. FARIA, )
15 Defendant. )
16
17 TRANSCRIPT ON APPEAL
2-20-13, 3-4-13, 5-21-13, 6-18-13,
18 7-2-13, 7-10-13, 10-28-13
11-18-13, 11-19-13, 11-20-13, 11-21-13
19
20 VOLUME 2
21
22 APPEARANCES
8 A. Yes.
12 Q. Okay.
13 A. Back door.
17 A. Yes.
19 A. Sicily.
24 A. No.
6 A. Yeah.
7 Q. Okay.
8 A. Uh-huh.
11 A. Uh-huh.
12 Q. Busy time?
13 A. Uh-huh.
18 A. Uh-huh.
20 A. Yeah.
22 Christmas Eve?
25 A. Yes.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
242
3 A. Back to Troy.
7 Christmas morning?
8 A. Yes.
10 morning, 2011?
20 A. No.
2 A. Huh-uh.
5 morning?
8 and then we took them, and posed for a picture with the dog.
10 A. Uh-huh. Yep.
12 A. No.
15 A. Uh-huh.
20 those photographs?
21 A. Yes.
23 photographs are?
1 A. Yeah.
2 Q. -- on that morning?
3 A. Uh-huh.
5 morning, 2011?
6 A. Yes.
12 evidence.
15 A. Yep.
21 A. Uh-huh.
25 drive separately?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
245
1 A. I don't remember.
4 A. Three.
7 Maxima.
14 A. Yeah.
18 Q. Yes.
19 A. The Nissan.
20 Q. The Nissan?
21 A. Yeah.
2 A. Uh-huh.
6 A. Yes.
9 Pam's.
11 A. Uh-huh.
13 A. No.
16 A. No.
17 Q. And the next day was the 26th. Did you see
19 A. Yes.
3 A. Yes.
5 that night?
6 A. Uh-huh.
8 A. Yes.
10 you remember?
12 day.
14 A. No.
16 A. Yes.
17 Q. And did you see your Mom after she had her
18 chemo treatment?
19 A. Yes.
21 then?
25 grandmother's house?
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248
1 A. Yes.
2 Q. And did you know where she was going when she
3 left?
4 A. Back to Troy.
6 Troy?
11 A. No.
15 and the funeral and the wake, he was there. That's it.
18 A. No.
21 Mom's demeanor was like before she left to go back? You said
25 A. Not really.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
249
1 Q. Just tired?
2 A. Uh-huh.
6 CROSS-EXAMINATION
7 BY MR. SCHWARTZ.
11 year.
14 A. Yes.
17 A. Yes.
23 it?
24 A. It was foreclosed.
2 A. Uh-huh.
3 Q. Correct?
4 A. Yeah.
7 A. Yes.
10 A. Yes.
12 A. Yes.
14 A. Yes.
15 Q. At least initially?
16 A. Yes.
18 A. No.
20 it this way --
21 A. I don't know.
23 correct?
24 A. Probably, yeah.
2 A. Yes.
5 A. Yes.
8 A. Yes.
11 A. Yes.
13 A. Uh-huh.
14 Q. Yes?
15 A. Yes.
18 be?
20 out if her treatment was getting fixed or not but she didn't
24 A. Yes.
1 A. Yes.
8 there, --
9 A. Yeah.
11 daily, correct?
12 A. Not daily.
14 in Chesterfield?
15 A. Yes.
17 A. Yes.
20 A. Uh-huh.
22 A. Yes.
25 A. Correct.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
253
4 A. Yeah.
5 Q. But it was also the first time your Mom and Dad
7 A. Right.
10 cancer, correct?
11 A. Yes.
14 A. Yep.
16 A. Yep.
23 policy.
1 if and when she found out that the policy had been changed
2 and she had been excluded from the policy. I would accept --
5 be.
7 either.
13 is why.
15 that Russ was arrested, which was January 4th, she, along
20 he's going to ask her questions about that, then we are able
23 future.
1 extra card. It was tied to her bank account. That's why her
4 stuff, I don't know why he can get into her going to the bank
5 and taking the money out of an account she had access to.
7 follow up.
22 it.
3 as to her --
9 getting the money. I don't get that. I don't know where you
19 questions.
22 is dismissed?
7 this one.
14 besides these?
17 stand?
19 lunch?
21 guess.
6 Proof to it.
22 to go ahead and read the long instruction one time today and
3 adjournment of Court.
7 any opinion about it, and until you are discharged as jurors,
8 you must not talk with others about the case or permit them
20 to be knowledgeable.
1 the trial and you are not permitted to talk to them about it.
19 Proof?
1 at the bench.
2 DIRECT EXAMINATION
3 BY MR. SCHWARTZ:
6 A. Correct.
8 A. Not correct.
9 Q. You didn't?
15 A. Yes.
17 A. Mine.
19 A. Mariah.
21 A. Around 9,000.
24 A. I don't know.
2 A. No.
7 A. Yes.
12 initially?
14 Q. But you had told the police that you had found
16 suicide?
17 A. Right.
18 Q. Thank you.
20 further.
22 CROSS-EXAMINATION
23 BY MS. ASKEY:
1 A. Uh-huh.
3 A. Right.
5 A. Right.
8 A. Uh-huh.
9 Q. -- is that right?
10 A. Yes.
12 A. Yes.
14 doing that?
15 A. No.
18 REDIRECT EXAMINATION
19 BY MR. SCHWARTZ:
1 of $10,000, correct?
2 A. Yes.
7 A. Yes.
10 A. Yes.
13 photograph of?
16 A. I am.
18 A. 1/4/2012.
20 A. Yep.
24 correct?
25 A. Correct.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
265
2 A. Nope.
9 grounds that proper foundation hasn't been laid for the bank
10 records, Number 1.
14 than the fact that the date is -- just because it says the
15 date, doesn't give her any reason to believe, other than what
20 exception to that.
22 accurate. That that was her, is what she said. She said
23 that was her, but any person can put any picture on any piece
25 and say, look, this says December 30th. What were you doing
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
266
13 Johnson.
15 than to say, yes, this is a letter I'm reading that you just
1 RECROSS-EXAMINATION
2 BY MS. ASKEY:
6 A. I don't know.
8 actual person.
9 A. I did.
11 A. Yes.
12 Q. Okay.
16 A. Yes.
18 the card that you used -- did you steal that card?
19 A. No.
22 name on it.
1 A. Yes.
4 A. Yes.
7 Pam Hupp has any money? Have you seen any money in her
10 A. No.
12 conversations that your Mom had with Pam? Meaning, were you
16 A. No.
18 Judge.
22 down?
2 lunch?
10 ll rise.
11 (Recess.)
17 I want to raise this issue before they come in, outside the
20 want to ask them what their initial reaction was and I can
21 lead them as far as what they said to the police, but I won't
22 get into what it's based on or what was said other than their
8 it was suicide.
16 there and saw what they didn't see. They didn't see it.
20 photo because they already asked if they could leave the room
23 it's fair that the State has made that an issue, and I'm not
24 going to get into her suicide attempt. I'm not going to get
25 into the note. All I'm going to say is is this what you
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
271
1 thought?
3 jury. They're going to see the same photos that he saw when
4 he walked in.
6 was a suicide, but when the officers informed them that Betsy
7 Faria had died, that they thought she had committed suicide.
9 anything?
15 that based upon her past, the past experiences with her. Her
16 own sisters and her daughter all thought she's suicidal. She
19 is.
22 into the any of the stuff that was objected to, the things
25 them. When you first were told that Betsy had died, your
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
272
2 at that.
13 be --
21 those questions --
1 it on, the prior knowledge of her sister and her disease and
16 anticipate --
1 bench, I suppose.
16 on the record?
20 this case.
23 as to relevance.
8 If you would please raise your hand when I call your number.
10 38, 39, 44, 51, 58 and 61. The record will reflect that all
13 witness?
21 tell the truth, the whole truth and nothing but the truth, so
22 help you God, under the pain and penalty of the Perjury Laws
1 DIRECT EXAMINATION
2 BY MS. ASKEY:
6 A. My stepdad.
10 A. Yes.
12 A. Yes.
17 A. Next to my left.
18 Q. Okay.
3 A. Seven.
5 A. Pin Oak.
6 Q. Pin Oak?
7 A. Pin Oak.
9 A. O'Fallon.
11 A. Yes.
15 A. I work.
19 A. Yes.
21 A. Timberland.
25 A. Yes.
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278
3 Q. High school?
4 A. 2009.
6 A. Snowboard.
9 A. Yeah.
12 A. Uh-huh.
18 A. Right.
25 A. Yes.
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279
1 Q. -- is that correct?
2 A. Correct.
4 A. Yes.
6 recall?
9 directed at you?
10 A. Yes.
15 A. Yeah.
17 I'll go get you some. Have you got some? Do you want some
14 this case.
24 saying.
15 trial, when she learned any kind of statements that were made
7 She's here.
16 the Motion in Limine covered prior bad acts involving the dog
20 it?
6 applies --
12 when you prepare for trial and you get information. There is
13 nothing under Rule 25 that says, oh, we have got to tell you
18 about, look, I lied and I never, you know, that they could
19 use to impeach her with but that's not what we're talking
20 about here. That's why I'm saying they are arguing apples
21 and oranges.
24 disclosed?
1 say.
6 say.
19 It's new information to us, but it sounds like it's some past
22 anything.
6 because for all you know, they were getting ready to talk
10 the fact that the dog was either outside or inside when the
11 murder happened.
4 that.
13 you.
15 report. They do, and it's helpful. That 25.01 applies only
17 documented in some way, not just -- that's why they have open
18 depositions. Discovery.
20 the dog issue for right now. I'm going to look up Rule 25.
2 A. Yes.
6 A. The same.
10 A. Yeah.
12 A. Yeah.
14 A. No.
17 A. Yeah.
24 different?
25 A. Yeah.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
288
3 Do you know?
4 A. I don't know.
7 A. A jewelry box.
10 will be.
12 identification.)
15 A. Yes.
23 A. Yes.
25 be?
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289
1 A. Uh-huh.
3 morning?
4 A. Right.
6 admitted.
1 A. Yes.
4 seven-ish.
6 A. Uh-huh.
8 A. Yes.
12 needed her approval because I'm under her plan. That was the
13 conversation.
16 A. Yes.
18 A. No.
20 remember?
23 A. No.
1 A. No.
4 A. (314) 565-9251.
6 at that time?
7 A. (636) 322-8206.
18 A. (Nodding affirmatively.)
20 A. Huh-uh. No.
22 A. Two.
24 A. Yeah.
25 Q. Hang on.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
292
2 Judge.
5 CROSS-EXAMINATION
6 BY MR. SCHWARTZ:
9 Star Methodist?
10 A. Right.
12 that correct?
14 A. I don't know.
16 your term was the "Brady Bunch". You never lived in that
17 house in Troy?
18 A. Right.
20 A. Correct.
23 sister testify that, after the diagnosis, your Mom and Dad,
24 or your Mom and your stepdad, got along much better, would
25 you agree?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
293
4 happened from the 24th to the 27th. If I asked you the same
11 A. I don't know.
13 A. Correct.
15 A. Correct.
17 point?
18 A. Correct.
20 A. Correct.
22 taken away that you and your Mom had signed for?
23 A. Yeah.
2 relevance.
5 question.
8 A. Correct.
14 sorry.
15 A. Right.
18 A. Yes.
20 A. Yes.
22 A. Yes.
24 A. Yes.
25 Q. And you said you told her exactly what you are
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
295
1 doing, you are going to U.S. Cellular and you need her to
3 A. Yes.
5 A. Uh-huh.
6 Q. Why?
8 permission.
11 A. Correct.
15 A. Correct.
18 A. Okay. I guess.
20 A. Correct.
22 A. Correct.
25 A. Right.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
296
2 A. Right.
5 A. Right.
7 seconds, correct?
8 A. Yes.
13 and called your mother and you told your mother -- I'm trying
14 to unconfuse you.
16 7 o'clock where you were going and why you needed to talk to
17 her?
24 A. Okay.
1 asked you if you called your Mom and why, and I've asked you
3 correct?
4 A. Correct.
7 A. Correct.
11 with that?
12 A. Yeah.
19 Would you agree with at least that you called her three
20 times?
21 A. Yes.
23 you called her at 7:21, 7:26, and 7:30 and there was no
24 answer?
25 A. Right.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
298
4 REDIRECT EXAMINATION
5 BY MS. ASKEY:
6 Q. Leah, how come you and Devan did not spend much
11 A. Yes.
13 A. Yes.
15 A. Yes.
24 A. Yes.
1 A. Yes.
3 you?
4 A. Yes.
6 A. No.
8 money?
9 A. No.
12 A. No.
15 RECROSS-EXAMINATION
16 BY MR. SCHWARTZ:
21 right?
22 A. Right.
24 A. Right.
25 Q. Right?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
300
1 A. Right.
10 Sustained.
12 that issue?
23 tell the truth, the whole truth and nothing but the truth, so
24 help you God, under the pain and penalty of the Perjury Laws
1 DIRECT EXAMINATION
2 BY MR. HICKS:
6 Faria?
7 A. It's my sister.
9 A. Younger.
13 would?
18 I'm not doing ages now. Julie and then Mary. All girls.
23 A. Uh-huh.
25 living?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
302
7 first time, I spent more time with her. So our kids are
9 so we didn't see each other a whole lot until her cancer, but
17 parent's house.
21 A. Uh-huh.
24 A. Uh-huh.
25 Q. Previous marriage?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
303
1 A. Relationship.
8 A. I think so.
10 sounds like from 1998 all the way up to this event, you knew
11 Russ Faria?
12 A. Absolutely.
17 kids and had more free time, we would do some, you know, just
20 A. Usually.
21 Q. Family gatherings?
22 A. Uh-huh. Yeah.
9 issue.
12 in their conversation.
14 verbally?
15 A. Uh-huh.
17 A. Some.
20 A. Yep.
22 A. Yes.
25 A. Okay.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
305
3 my home.
7 A. Yes.
14 Mom and everybody and then I would do the same thing the next
18 A. Uh-huh.
20 A. Uh-huh.
24 A. Uh-huh.
1 recall?
7 but --
9 A. Yeah.
11 the hospital?
12 A. No.
15 A. Yes. Yep.
17 Betsy left your home, that was the last time you ever saw
18 her?
19 A. Yes.
21 on the 26th?
23 worried about her when she left. She did not eat with us.
1 the time and, while we ate, she actually took my great nephew
6 She just seemed very tired and just not her cheery self.
7 Q. Physically tired?
8 A. Uh-huh.
10 situation?
11 A. Uh-huh.
15 doctor called her back and then I was with her at the
23 body, correct?
3 A. Yes.
5 there?
6 A. Two.
10 Q. Okay.
16 A. I guess Russ.
21 A. Yes.
1 A. Uh-huh.
3 about that?
4 A. Yes.
7 body cremated?
17 cremation, like maybe that was normal and then the funeral
18 director was like, no, I've only seen one group once because
24 did.
6 A. Yes.
8 A. On Christmas Day.
9 Q. In whose home?
11 room.
14 A. Yes.
16 A. Right.
18 family?
20 Leah had left. Leah and Mariah must have left already. They
2 evidence.
4 screen. I don't know how well you can see it. It's off.
7 what you are wearing and where you are located in that
8 picture?
12 next to you?
13 A. Uh-huh.
14 Q. Where is Betsy?
17 A. Yes.
20 A. Yes.
21 Q. All right.
23 Thank you.
1 CROSS-EXAMINATION
2 BY MR. SCHWARTZ:
5 A. Yes.
7 A. Yes.
10 A. Yes.
12 November, you are aware that Russ and Betsy and your mother
13 and some other friends from the Morning Star Church went on a
15 A. Yes.
18 A. Yes.
20 A. Uh-huh.
22 aware, Betsy was going through chemo and it was during the
25 A. Yes.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
313
1 Q. And you met with the police and talked with the
6 A. Yes.
8 you that?
18 witnesses' statements.
22 break.
9 it.
13 the police.
18 correct?
23 Honor.
7 MARY RODGERS,
9 tell the truth, the whole truth and nothing but the truth, so
10 help you God, under the pain and penalty of the Perjury Laws
12 DIRECT EXAMINATION
13 BY MS. ASKEY:
18 A. Correct.
22 Mom and Dad and she was always over at the house.
23 Q. And so --
24 A. We lived closer.
17 A. Yes.
19 witnessed?
21 was a time several years ago when they lived in the mobile
4 I took an early lunch and went there and he was using foul
7 and Betsy was just being so calm and I remember him laying on
8 the bed and kicking his feet like a baby, something I had
9 never seen anybody do. He pushed her and then that's when I
10 called the police and got the girls out of the mobile home.
14 A. Eleven, twelve.
16 them?
19 A. Uh-huh.
21 the police?
23 him say something like, I'm going to cut her up into several
4 Judge.
6 CROSS-EXAMINATION
7 BY MR. SCHWARTZ:
13 A. Uh-huh.
15 problems, correct?
16 A. Uh-huh.
17 Q. Yes?
18 A. Yes.
21 A. Yes.
24 A. For a spell.
6 State?
12 LUCI FARIA,
14 tell the truth, the whole truth and nothing but the truth, so
15 help you God, under the pain and penalty of the Perjury Laws
17 DIRECT EXAMINATION
18 BY MR. HICKS:
20 A. Good afternoon.
24 the record?
25 A. Luci Faria.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
320
2 Faria, correct?
3 A. Yes.
6 A. Yes.
9 A. Uh-huh.
11 A. The 26th.
15 A. Yes.
17 A. Yes.
19 A. At my house.
23 includes?
3 A. No.
6 and her two girls, and my sister and her daughter, my sister,
11 A. Yeah.
14 A. In the morning.
16 recall, I know it was two years ago, but did they stay for
19 were there for a few hours and they had somewhere else they
22 A. Yes.
24 party?
25 A. Yes.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
322
2 A. Yes, it is.
6 A. Yes, I do.
12 but what did you have at least planned every Tuesday evening
13 to do?
23 Mom to son. If you are not going to make it, give me a call.
3 times, maybe.
9 A. Yes.
12 A. Yes.
14 call you --
15 A. Yes, he did.
18 A. Yes, he did.
1 calls me and tells me he's not going to make it, that's all
3 matter.
5 Faria.
6 A. You're welcome.
10 CROSS-EXAMINATION
11 BY MR. SWANSON:
14 A. Pardon?
16 coming to dinner?
18 per se?
19 Q. Yes.
9 PAM HUPP,
11 tell the truth, the whole truth and nothing but the truth, so
12 help you God, under the pain and penalty of the Perjury Laws
16 DIRECT EXAMINATION
17 BY MR. HICKS:
19 A. Pam Hupp.
21 A. O'Fallon, Missouri.
25 A. My husband.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
326
1 Q. Okay.
2 A. Two dogs.
5 A. Yes.
7 A. Naples, Florida.
9 colder weather?
13 A. Yes.
15 A. Yes.
17 A. Insurance business.
18 Q. An insurance business?
19 A. Uh-huh.
21 A. No.
23 insurance business?
25 Q. Why is that?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
327
1 A. I'm on disability.
2 Q. From?
5 right leg.
7 a disability check?
8 A. Yes, I do.
11 A. That's correct.
13 A. Uh-huh.
20 work?
21 A. Correct.
23 A. Correct.
25 A. Yes.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
328
4 A. Yes.
6 do?
11 A. Yes.
13 today?
14 A. Yeah.
16 wearing?
25 A. No.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
329
3 to her house. Her kids were young then. I had kids and he
4 would be there.
6 A. Yes.
10 A. Yes.
13 down to her. Made her feel like she was simple, not that
14 smart.
17 A. Yes.
19 A. Yes.
24 socialized with him, nor did our group of friends and their
1 Q. Why is that?
5 A. Yes.
8 friendships get, you get closer and sometimes you fall apart.
15 involved in her life? Were you pretty close friends with her
16 at the time she first learned that she had breast cancer?
17 A. Yes.
19 friend, begin to do with her early on after she found out she
23 of free time.
4 of friends?
5 A. Yes.
6 Q. Had family?
7 A. Yes.
9 A. Tons. Uh-huh.
11 with her?
12 A. No.
14 time, you were another friend that she could turn to?
15 A. Correct.
18 A. Uh-huh.
20 didn't she?
21 A. She did.
22 Q. Okay. And were you with her when she got that
23 report?
4 ten pounds in the last few weeks and her stomach was really
8 A. Oh, absolutely.
9 Q. Because of that?
10 A. Uh-huh.
12 A. Correct.
16 back?
23 on?
2 what I'm getting at. Did you continue some of the same sort
5 her when she was having her chemo, she had to start chemo
6 again, and sat with her to keep her company because she was
11 Q. Yes.
13 other week.
14 Q. Okay.
15 A. I don't remember.
17 getting chemo, that you would either take her or show up with
24 correct?
25 A. Yes.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
334
2 periods?
4 went the first time around but I never saw him the second
5 time.
8 A. No.
11 probably half.
17 A. Yes.
21 would part our ways for the Christmas holidays and then get
22 back together.
24 A. Uh-huh.
1 right. Did you spend that Christmas Eve, that Saturday, with
2 her?
4 Friday.
7 to her Mom's for the weekend and she was going to, it was
12 A. Yes.
15 A. Yes.
17 A. Yes, we did.
21 She was very excited about going to her Mom's house because
22 her Mom was making homemade ravioli. She kept saying that
3 that you do with your -- we're not going to go into all that.
4 A. Correct.
6 Day?
7 A. No.
9 A. I don't remember.
11 see her?
15 A. Uh-huh.
18 A. That's correct.
20 A. Yes.
22 27th?
24 the 27th.
4 could take her or not take her. Sometimes it was last minute
7 Her mother had a friend in from out of town. She had texted
11 A. Okay.
14 A. Yes.
17 A. Yes.
20 correct?
21 A. Correct.
24 before?
25 A. Oh, absolutely.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
338
3 A. Yes.
5 A. I did.
9 how far away the chemo place was from your house?
14 A. Oh, no.
17 A. Uh-huh.
20 time with her just like she was with everybody else she knew.
25 A. Yes.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
339
2 A. Correct.
12 up.
14 arrangement that you had made with her. Went over to her
23 around 6:00.
24 Q. Okay. So?
3 A. Uh-huh.
8 Q. Okay.
16 Troy?
19 time it was that you got back to her house up here in Troy?
22 A. Uh-huh.
24 that time?
8 Q. Okay.
13 a person's house while I was married but that was not unusual
16 her?
17 A. Yes.
20 unlocked?
21 A. It was unlocked.
25 light.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
342
2 A. No.
8 correct?
9 A. Yes.
11 A. Sicily or Sissy.
14 Chow.
18 been mean to me but I'm just afraid of her because I've gone
19 to her house before and it's the kind that kind of dives at
22 A. Oh, yeah.
3 to eat because they didn't have any dog food in the house.
5 A. Yes.
10 like?
11 A. No.
15 in, it goes right into the living area and the kitchen on the
18 correct?
19 A. Correct.
21 upstairs?
24 was looking for something for the dog to eat and had to let
5 A. Yes.
7 A. I believe so.
13 didn't want to get stuck there too long and get talked into
14 staying there.
16 that you described how that lights were all off and you guys
17 went in there.
20 A. No.
24 because it was very dark and the door was left unlocked and
2 on.
10 rules, but --
11 A. Uh-huh.
14 A. Really unhappy.
18 was not going to and then she tried to get me to just stay
25 Q. Okay.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
346
3 had never been around him all that much or socially. So that
4 made me uncomfortable.
6 there?
7 A. Yeah.
9 A. Yes.
14 A. Oh, yeah.
16 to --
18 that she would get mad because you didn't do something that
22 was still mad. She got over stuff pretty easy and I didn't
23 get an answer and then I think I tried her again when I got
1 know, have you heard from Betsy because she's pretty mad at
7 A. Uh-huh.
16 A. Uh-huh.
19 A. In her driveway?
20 Q. Yes.
23 driveway?
24 A. No.
25 Q. All right.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
348
3 CROSS-EXAMINATION
4 BY MR. SCHWARTZ:
7 years?
8 A. Correct.
14 earlier?
18 that next morning when they came to your house, one of the
19 first things you told them was, I don't know him that well.
20 I've only met him maybe three times in ten years; is that
21 correct?
25 A. I don't know.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
349
2 detectives that?
7 incorrect?
13 A. Yes.
18 that he was degrading and made her simple and made your group
21 A. Absolutely.
24 A. Yes.
2 did.
4 A. A few.
9 A. Yes.
11 socially, right?
14 A. Absolutely.
16 birthday?
17 A. Yes.
21 Q. All right.
3 her 40th birthday party? Was that what you are saying?
6 time. So you are basing your opinion on that one other time?
10 were you?
12 Q. A few times?
14 me in ten years.
16 take Betsy, you had seen her that Friday and then you were
18 A. Correct.
20 A. I did not.
24 A. Correct. Uh-huh.
2 Q. Why not?
7 correct?
8 A. Yes.
10 A. That's correct.
15 there?
16 A. That's correct.
18 A. That's correct.
20 A. Correct.
22 wanted to go out to Troy and you told her, she asked you for
23 a ride?
24 A. Correct.
2 A. No.
9 house?
10 A. Yes.
12 your house?
13 A. Yes.
15 A. O'Fallon.
19 out she didn't need you to take her and yet took her anyway?
1 A. I don't.
3 that day?
4 A. I don't know.
7 detectives the next day and you looked at your cell phone and
9 A. Correct.
12 A. Correct.
14 approximately 20 minutes?
16 Q. Could it be longer?
17 A. Maybe.
18 Q. Could it be shorter?
19 A. Don't know.
21 right?
25 A. Probably.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
355
3 A. No.
9 A. Yes.
14 you told the police when they interviewed you that you never
16 A. Correct.
17 Q. Why?
21 house because you didn't plan on it. You knew they were
23 A. Finally, yes.
24 Q. Okay. And you knew you were with her less than
25 12 hours before?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
356
1 A. Yes.
3 house?
7 room?
8 A. Right.
10 A. Correct.
12 the police. You also told Janet Meyer, her mother, when you
13 called her an hour and a half later that you didn't go in the
14 house, correct?
22 yes.
24 right, or thereabouts?
6 A. Uh-huh.
7 Q. And you were there for 10, 20, 30, who knows
9 A. Correct.
12 A. Correct.
18 A. No.
6 during that period. They give her that time, she gives them
13 arguing she's the one who did this. So I don't see the
14 relevance of it.
17 statement.
22 time.
3 her.
5 with this?
8 I'll read the statement into the record or play it into the
9 record.
14 that. You asked her, do you recall, as you sit here today,
15 did you call Betsy when you got home? Did you try to call
16 Betsy when you got home to let her know you were there?
20 thought I did, and then you go into, well, that's not what
1 police asking you, you called her when you got home? And you
7 Q. Betsy?
8 A. No.
12 A. Correct.
17 that well, and I get to the Interstate, I give her a call and
22 police after your friend, after you have been told your
25 neighborhood?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
361
3 A. I don't know.
5 do you?
6 A. No.
8 A. Yes.
10 scared of Sicily?
11 A. Yes.
18 A. Yes.
20 A. I don't remember.
22 next morning, you told them that the last time you saw Betsy
23 she was sitting on the couch with her blanket on, watching
10 she was sitting on the couch, she had a blanket on her and
13 witness.
17 two days later when you talked to Detective Kaiser when she
18 came back to see you? She asked you, when was the last time
20 A. I don't remember.
23 A. I don't remember.
1 A. No.
2 Q. It would not?
3 A. No.
6 A. No.
8 towards the very, very end, you had asked the Detective, you
10 A. Uh-huh.
11 Q. Yes?
12 A. Yes.
14 that correct?
22 morning?
1 A. No, it wouldn't.
4 A. No.
6 that?
7 A. No.
10 impeachment.
13 to come in later and testify this is, in fact, what she said
15 way to do it.
18 recall asking at the end of your interview what time did this
20 A. No.
21 Q. You don't?
22 A. No.
23 Q. You don't?
25 talking about.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
365
3 hours, correct?
4 A. Correct.
6 what time did this happen? This morning? You don't recall
7 that?
8 A. No.
10 early on, maybe a half hour, hour into it, you got a call.
12 A. Correct.
16 him.
18 A. Yeah.
20 it?
21 A. No.
22 Q. No, it wouldn't?
4 doesn't remember saying it. I'm asking if she does and then
9 line of questioning.
19 A. Yes, I do.
21 A. I guess, yes.
7 It's been two years. I can't tell you every minute of what I
11 A. No.
13 have told Betsy or that you would have told the police you
15 A. No.
17 the house and you said Betsy showed you what she got for
19 A. Correct.
22 A. Correct.
24 chest, correct?
25 A. Correct.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
368
7 REDIRECT EXAMINATION
8 BY MR. HICKS:
14 A. Correct.
19 was last, the evening before that you had taken her back to
21 A. Yes.
22 Q. And that --
1 A. Yes.
3 A. Yes.
7 So they asked, when was the last time and the circumstance
8 and I said, I took her from her Mom's house up to Troy and
10 Q. Right.
13 you went in, did you ever lie to them and then say, no, I
15 A. Never.
18 and what we did and what we talked about and what we saw and
21 further.
23 RECROSS-EXAMINATION
24 BY MR. SCHWARTZ:
6 house?
9 the house.
17 I was with her was the night before. She asked me to take
18 her home. I took her home, dropped her off and I came home
2 her off?
4 question. Again, what did you do last night the last time
5 you saw Betsy? And I said, I picked her up from her Mom's.
6 I took her home, dropped her off and went home. And then
7 they said, did you go inside? And then I went into great
12 A. No.
23 few minutes.
1 questions.
10 consider your verdict, you must not discuss this case amongst
12 your hearing.
2 DIRECT EXAMINATION
3 BY MR. SCHWARTZ:
8 correct?
9 A. Yes.
14 A. Correct.
16 would be the 23rd, you and Betsy went to a library and Betsy
18 A. Yes.
20 A. Yes.
3 you.
7 policy that was given to you from Betsy was in the amount of
9 A. Correct.
11 death?
12 A. Correct.
15 changed it to me.
24 A. I suppose it was.
1 mailed?
2 A. Okay.
3 Q. Correct?
6 idea."
11 that's what you told the police, you have no idea if it was
12 mailed?
15 the police you went to the post office with her after the
17 A. I don't know.
22 insurance company that you went to the post office with her
23 to mail it?
24 A. Yes.
25 Q. That's correct?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
376
1 A. Yes.
4 A. I suppose, yeah.
5 Q. And --
8 Q. All right.
9 A. -- at the time.
11 after your friend died that she had just changed the
15 had just been told she was killed. I told them everything I
16 knew. That she had changed that, and I told them all I knew
21 A. That's correct.
24 A. I do know.
25 Q. You do know?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
377
1 A. Yes.
4 Q. Yes.
1 Beneficiary and make sure my kids get it when they need it.
3 A. I may have.
7 one had been in trouble with drugs and the younger one had
12 from this policy because the older one had a drug problem and
13 would blow it and the younger one had blown through money
15 settlement?
16 A. No.
18 A. No.
24 document will speak for itself, and I would submit for the
2 hearsay.
7 Affidavit.
12 that she did not want her daughters to receive the money from
13 this life insurance policy because the older one had been in
14 trouble with drugs and the younger one had blown her money
17 Exhibit C.
22 Offer of Proof.
8 correct?
11 Betsy would have absolutely known that, had she wanted the
17 simply created a Trust and made you, if she trusted you, she
20 could have done it, but she would have known all of them.
23 A. That's correct.
1 A. I have no idea.
4 there.
8 or what.
23 A. Probably.
1 A. Probably.
6 CROSS-EXAMINATION
7 BY MR. HICKS:
10 policy and the fact that the Beneficiary had been changed
12 A. I did.
13 Q. All right.
16 they didn't ask you about insurance policies? You just told
18 A. That's correct.
20 was the honest answer about whether she had mailed this
21 insurance policy in, that you didn't know for sure if she had
22 mailed it in or not?
24 post office and we both had things to mail and I told Mr.
6 A. Correct.
8 A. That's correct.
12 A. Yes.
24 Beneficiary?
25 A. At the library.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
384
1 Q. What library?
12 the time.
21 Q. Okay.
25 A. For her?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
385
1 Q. Yes.
3 the girls.
6 take --
10 keep the money from going to the defendant, and her purpose
13 divorced. She had a sister that was being evicted from her
14 home and she had another sister that was just married and
18 so.
1 help.
4 A. Yes.
6 the girls?
9 REDIRECT EXAMINATION
10 BY MR. SCHWARTZ:
12 A. We started working on it --
14 A. I'm sorry?
18 A. June or July.
4 A. It is a Revocable.
6 you want?
7 A. Absolutely.
10 A. Yeah.
12 A. What policy?
16 Q. Yes.
17 A. No.
22 policy has never been changed and was in the name of Russell
25 something else?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
388
2 Defendant's Exhibit C.
7 A. Uh-huh.
13 mail some stuff for your mother but you changed your mind
14 because you were going to see your mother and you gave her
3 the Court had been inclined to let them go down that path in
6 sign this, change the Beneficiary. She was the Notary on it.
17 whether or not it was Betsy Faria who did it, that's all
20 Betsy Faria did check out a book from the library that day.
23 We would not consent that she could say what form was signed
4 Faria checked out a book that day and that she did witness
5 them signing a form, but she didn't know what the form was.
10 (Recess.)
19 38, 39, 44, 51, 58 and 61. The record will reflect that all
6 and what they are hearing, they go with what they are
16 record.
20 they?
24 well.
4 top.
7 from the Major Case Squad heading, but we can take that off
10 off.
13 then.
1 that.
12 the board.
14 board.
17 It's Exhibit 8.
25 audio.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
394
2 discussion.)
4 Harrell.
6 come forward and raise your right hand for the Clerk to be
7 sworn.
8 MARGIE HARRELL,
10 truth, the whole truth and nothing but the truth, so help you
14 witness stand.
15 DIRECT EXAMINATION
16 BY MS. ASKEY:
18 A. Margie Harrell.
22 A. Going on 14 years.
6 scheduling, call-taking.
10 A. Yes, ma'am.
13 9-1-1?
18 phone number, the name that that residence belongs to and the
19 address.
23 entails.
9 well?
10 A. Yes, ma'am.
12 A. No.
15 dispatcher yourself?
16 A. Yes, ma'am.
19 A. Fourteen.
20 Q. Fourteen years?
21 A. Yes, ma'am.
24 A. Yes, ma'am.
3 A. Yes, ma'am.
7 Honor?
17 observed it later.
4 to it.
6 matter. Any call that comes in, she's going to tell you that
17 doing.
25 are appropriate.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
399
2 jury can hear it and they can argue about this, but having
9 the line.
15 that call.
15 hysteria and then stop, and you could get clear articulation
16 from him.
5 that she's qualified about how other calls were made. It has
9 somebody for drunk driving and they're swerving all over the
14 other people.
18 object when she asks it if you think it's not, but I haven't
23 your position?
1 Q. Okay.
6 hysterical?
7 A. Yes, ma'am.
9 person in hysteria?
21 the defendant?
22 A. Yes, ma'am.
3 A. No, ma'am.
5 prior experiences?
15 would stop. You get that answer, and then it would go back
16 to be hysteria again.
19 resume?
20 A. Yes, ma'am.
22 State's Exhibit 7.
23 A. Yes, ma'am.
25 A. Yes, I do.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
404
1 Q. What is that?
3 audio disk.
8 purposes?
9 A. Yes, ma'am.
12 A. Yes, ma'am.
15 9-1-1.
17 9-1-1 call and review that with the transcript narrative that
18 was typed?
19 A. Yes, ma'am.
22 A. Yes, it does.
3 evidence.
13 Instruction 310.19.
22 recording.
2 audio recording.
7 the jury.)
12 question.
15 CROSS-EXAMINATION
16 BY MR. SWANSON:
18 system?
19 A. Yes.
23 A. Yes.
1 audio.
11 A. 2140.
13 A. Ten seconds.
15 A. Yes.
19 well, too.
1 A. Yes.
5 A. Yes.
8 name?
9 A. Right.
11 A. Yes.
16 A. Yes.
19 A. Yes.
2 A. Yes.
4 A. Right.
7 Mr. Faria.
11 terminal cancer with a husband who has found her dead after
12 coming home?
13 A. One.
15 not in question.
16 A. Recently, though.
25 answer.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
410
2 how many calls have you taken where someone, whose wife was
4 dead?
14 do?
15 A. Yes.
17 A. Yes.
21 Department?
22 A. No, we do not.
25 A. Yes, we do.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
411
1 Q. Troy Police?
5 A. Mine in my Center?
7 Department?
10 state.
23 REDIRECT EXAMINATION
24 BY MS. ASKEY:
4 I'm sorry.
6 further.
18 CHRIS HOLLINGSWORTH,
20 tell the truth, the whole truth and nothing but the truth, so
21 help you God, under pain and penalty of the Perjury Laws of
24 stand.
2 DIRECT EXAMINATION
3 BY MS. ASKEY:
5 A. Chris Hollingsworth.
9 Police Department?
10 A. I am a patrol officer.
19 Sheriff's Department?
24 County.
6 A. Yes, ma'am.
9 A. Yes, ma'am.
11 A. Yes, ma'am.
14 A. Yes, ma'am.
16 was?
17 A. It was a suicide.
20 A. Yes, ma'am.
23 to me.
1 A. Yes, ma'am.
11 A. Yes, ma'am.
13 may respond?
15 call. Your zone officer takes the call, and then usually
17 send more. Another zone officer will follow you in, as well.
21 A. Corporal Pirtle.
24 A. Yes, ma'am.
1 you enter?
3 residence.
5 9-1-1 dispatch?
9 identification.)
15 A. Yes, ma'am.
22 A. Correct.
24 A. Yes.
1 you saw when you gained entry to the home on December 27th,
2 2011?
3 A. Yes, ma'am.
9 evidence.
14 A. In the foyer.
16 A. Yes, ma'am.
18 you standing?
21 basement?
22 A. Correct.
24 there?
25 A. Yes, ma'am.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
418
2 looks like?
7 A. Correct.
10 standing there?
14 A. Correct.
18 photograph.
19 Q. Right?
24 A. Correct.
1 hallway?
2 A. Correct.
5 Faria standing.
9 about?
13 A. Correct.
15 A. Correct.
19 the female with the cut on her arm and the knife in her neck
23 A. No, ma'am.
25 A. No, ma'am.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
420
6 A. Yes, ma'am.
9 Q. Mrs. Faria?
10 A. Correct.
12 clothes that she was wearing when you entered the residence
14 A. Yes, ma'am.
19 evidence.
22 want to make sure I got the right ones that are introduced.
6 A. Yes, ma'am.
9 A. Yes, ma'am.
14 A. Yes, ma'am.
17 A. Yes, ma'am.
19 is that correct?
1 evidence.
4 the jury.
8 the jury.
12 A. Yes, ma'am.
15 A. Yes, ma'am.
25 his breathing and keeping him warm because it was fairly cold
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
423
1 out.
7 A. Yes, ma'am.
14 this before?
15 A. Yes, ma'am.
18 conversations?
22 A. Yes.
1 A. Yes, ma'am.
3 that?
6 of the house?
7 A. Yes, ma'am.
9 A. Yes, ma'am.
14 Q. Where?
15 A. In the rear.
19 A. Yes, ma'am.
22 A. Yes, ma'am.
3 A. Yes, ma'am.
5 cigarette?
6 A. Yes, ma'am.
8 A. Yes, ma'am.
14 control his breathing, was there ever a time after you got
19 A. No.
22 Q. Jovial?
23 A. Yes, ma'am.
25 that correct?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
427
1 A. Yes, ma'am.
3 A. No, ma'am.
6 arrived there.
9 A. Yes, ma'am.
11 this case?
12 A. No, ma'am.
14 Judge.
16 CROSS-EXAMINATION
17 BY MR. SCHWARTZ:
19 I think you noted that he was visibly upset and you felt like
21 A. Yes, sir.
22 Q. You looked at, you didn't know who this was but
25 A. Yes, sir.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
428
1 Q. Why?
5 of her, cuts across her arms, with one extremely deep one,
6 right?
7 A. Yes.
9 A. Yes, sir.
12 A. No, sir.
14 it?
15 A. Yes, sir.
17 A. Excuse me?
20 Q. But you were clear she was gone when you walked
21 in?
1 A. Yes, sir.
3 were?
4 A. Yes, sir.
6 A. Yes, sir.
12 was normal.
14 A. Yes.
17 correct?
18 A. Yes, sir.
20 A. Yes, sir.
22 A. To relax him.
23 Q. To relax him.
1 happen?
2 A. Yes, sir.
9 A. Yes, sir.
13 2009.
15 you?
16 A. No, sir.
18 been determined--
14 foundation.
22 that diagnosis?
23 A. No, sir.
25 in Rhode Island and they got the news when the rest of the
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
432
2 A. No, sir.
4 survival cruise--
10 testifying.
17 please?
24 these things while he was with him. We're not going to ask
7 never had met Russell Faria prior to that night, had you?
14 up. Ultimately, you calmed him down and talked to him. That
16 A. Yes, sir.
20 household?
21 A. Okay.
2 you are standing when you walk into the house? Is that the
3 best one?
9 here.
20 A. This here?
25 that correct?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
435
1 A Yes, sir.
4 A. Yes, sir.
6 sort?
7 A. Yes.
10 A. Yes, sir.
12 in?
16 don't see anything or you don't see her unless you are
18 A. Yes, sir.
6 A. No, sir.
9 A. Yes, sir.
21 identification.)
22 REDIRECT EXAMINATION
23 BY MS. ASKEY:
1 was lying, that you saw when you walked in the door?
2 A. Yes, ma'am.
6 A. Yes, ma'am.
11 A. Yes, ma'am.
13 the same pants that you saw the victim wearing when you
15 A. Yes, ma'am.
16 Q. -- on December 27th?
17 A. Yes, ma'am.
22 evidence.
9 tell the truth, the whole truth and nothing but the truth, so
10 help you God, under the pain and penalty of the Perjury Laws
13 DIRECT EXAMINATION
14 BY MR. HICKS:
20 thought.
21 A. Yeah.
23 A. You can.
25 A. It's easier.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
439
2 name?
6 District.
8 District?
9 A. Fifteen years.
11 role?
14 Q. Lead medic?
15 A. Yes.
17 used to have a show called 9-1-1 where the EMTs would go out
24 A. Exactly.
2 A. Yes.
5 supervisory response.
7 A. Exactly.
9 on the night of --
10 A. Yes, I was.
12 A. Yes, I was.
24 Q. By a blade?
25 A. Yeah.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
441
5 Q. Okay.
11 State's Exhibit 1.
19 A. Yes.
21 entered?
22 A. Yes, sir.
3 A. Yes, sir.
5 there?
7 made entry into the house and they were on their way out.
13 the house?
22 sit here?
23 A. No. I didn't --
25 residence, correct?
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
443
1 A. Yes.
3 went in?
9 flashlight?
16 past the foyer and I could tell that it was, this was not a
17 good scene. So the other guys, I let them stay at the foyer
24 you.
2 A. Yes.
5 A. Yes, sir.
10 contaminate it.
16 A. Yes.
19 A. Exactly.
20 Q. Why is that?
23 before?
24 A. Yes.
2 neck?
3 A. No, sir.
8 her over a little, you know, and once I, you know, her hair
12 all.
16 A. Yes.
19 neck.
21 A. Yes.
23 looked at it --
24 A. Yes.
1 A. Yes.
8 A. Yes. Yes.
14 evidence.
17 won't mind standing up; coming out here. I want you just to
18 point out to the jury, for you, as you are looking at State's
23 A. No.
2 but in the low light you really couldn't, until you got right
3 up on her. I mean, --
7 A. Yeah. Yeah.
8 Q. -- is that correct?
9 A. Exactly.
13 suicide or murder?
14 A. Exactly.
17 do, correct?
18 A. Exactly.
21 determine --
23 they are dead. There's not, nothing that you are going to
24 do.
1 A. No.
3 A. No.
5 A. No.
7 A. That clear.
12 A. Yeah.
13 Q. All right.
18 CROSS-EXAMINATION
19 BY MR. SWANSON:
21 A. Quattrocchi.
24 A. Lead medic.
25 Q. Lead medic?
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449
1 A. Yes.
9 A. Yes, sir.
12 A. Yes, sir.
14 A. Exactly.
15 Q. Homicides?
19 go?
20 A. Yeah. Respond.
22 maybe?
2 A. Yes, sir.
5 A. Exactly.
6 Q. Is your experience?
7 A. Exactly.
8 Q. Twenty-five years?
12 A. Yes.
13 Q. Okay. Did you -- you said you went all the way
14 in?
15 A. Yes, sir.
17 A. I did.
19 A. I did.
24 A. Yes.
3 outside.
5 A. No.
12 Q. Was it coagulated?
17 A. Yes.
19 A. Yes.
21 to you?
23 Q. A couple hours?
1 A. Yeah.
3 A. Yes.
9 bit.
11 A. Yes.
14 stiffness?
21 A. It appeared, yes.
22 Q. And then --
1 A. Yes.
4 cut on her arm that was already dried. You know, there was
10 A. Yes.
12 her?
13 A. Just, yes.
15 with, did you get any blood on you when you sat down next to
16 her?
17 A. No.
21 REDIRECT EXAMINATION
22 BY MR. HICKS:
25 knelt down.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
454
3 Q. Touched her?
4 A. Yes.
6 second?
11 way?
12 A. No.
14 stiff --
17 touch?
18 A. Yes.
21 A. Yes.
2 A. Yes.
8 A. That's fair.
10 opinion about these slits to the wrist, okay? Now one, have
12 wrist?
13 A. Yes.
14 Q. Okay.
17 A. Uh-huh.
19 blood?
20 A. Yes, sir.
21 Q. I mean, a lot?
22 A. Yes.
24 slitting a wrist --
25 A. Exactly.
Electronically Filed - EASTERN DISTRICT CT OF APPEALS - July 23, 2014 - 07:34 PM
456
2 A. Exactly.
4 and take you back there. When you look at those wrists
20 Thank you.
23 RECROSS-EXAMINATION
24 BY MR. SWANSON:
1 for making those determinations that Mr. Hicks just asked you
2 about?
3 A. Yes.
5 A. Yes.
10 A. It was --
11 Q. The report --
13 and code.
1 that be accurate?
14 consider your verdict, you must not discuss this case amongst
16 your hearing.
2 tomorrow since we've got some Motions out of the way, and our
12 admitted or anything?
16 Pam's. That was admitted. Six, I have no idea what that is.
18 CAD sheet.
21 Seven was.
23 Ten was the single photo of the victim. Eleven is the black
7 was not admitted, even for the Offer of Proof. It's just a
10 Proof. "B" is the photo of Mariah at the ATM and "C" is the
12 have so far.
17 (Court is adjourned.)
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