HHJP: let's return the jury.
JB: May I have the witness stand down?
HHJP: yes
JB: tow yard receipt (Jose is having George write something on a board on an easel. You have heard mr Birch's testimony...
HHJP: let him finish the question.
JB: you are aware the letter was sent from the tow yard around the fourth of july
I will say yes
JB: that would have arrived on ?
HHJP: speculation sustained
JB: the tow yard is roughly a mile from your home
yes
JB: do you know how long it take a letter to get to you when it is mailed?
I have no idea
JB: you cannot assist the jury in how long it takes a letter to get to your house. You testified Cindy found the letter.
yes
JB: were was it placed?
at our front door
JB: were exactly on the front door?
I don't know, I didn't see exactly but in the screne.
JB: you never used that door?
no, we don't
JB: you couldn't see the notice from the street?
no
JB: just that one piece of paper, orange?
it is yellowish
JB: it is you who usually gets the mail?
yes
JB: Cindy works late and comes home in the eve?
yes
JB: you are home all day and leave in the afternoon
2:00 or so
JB: you testifed your work was a few miles away?
?
JB: you pick up the mail
I have no control when mail is delivered, I have no control.
JB: I didn't ask that, I asked if you pick up the mail?
yes
JB: problems with the post office they not delivering to you?
no
JB: this entire week...were you home that week?
my wife was on vaca, as far as going to the front door I don't do that.
JB: you spent every night on hopespring that entire week.
yes
JB: that entire week all you got is one notice.
I don't remember all the mail we got that week.
JB: all you got is one notice, you didn't get a second notice?
not in evidence
sustained
JB: you never received a second notice from the post office
sustained
JB: are you aware if a second notice arrived? third?
no
JB: are you aware if you received a final notice
JA: not in evidence
sustained
JA: not in evidence
overruled
JB: are you aware if you received any final notice? any other notices at your home?
no
JB: so the only notice that was delivered was one notice.
yes
JB: you can clearly see the front door of your home from the street.
yes
JB: it is not in a corner
we have a c shaped home our front door is set in
JB: you can see the front door if you are standing in the driveway?
yes
JB: when you testified on direct I never heard you say you called amscot did you sir?
I was never asked that question.
JB: I am asking you now.
(skip)
JB: did you call birch to let him know you called amscot
correct
JB: mr birch could not have known you knew it was there for three days? Did you tell mr birch that the car had been there for three days?
no
JB: you testified you went home and were waiting for Cindy to meet you at the tow yard?
yes
JB: you took gas cans because that is what you do
past experience told me to take gas and id
JB: what tow yard have you been to pick up a car?
through a family business, a friend I am very knowledgable on what to do.
JB: so you just thought...was it a lucky guess?
objection
sustained
JB: it was a fortunate guess that the car was out of gas
objection
sustained