mombomb
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Part 2
Jury coming back (10:27)
DIRECT EXAMINATION BY JB - continued
Do you recall questions by JA about molestation on the first day of trial? He would never do anything like that to his daughter.
You know sex with a child under the age of 12 is life in prison?
OBJECTION - SUSTAINED
You are aware of the penalties?
OBJECTION - SUSTAINED
You would never admit to it?
OBJECTION - OVERRULED
I would never do anything like that to my daughter.
OBJECTION - SUSTAINED
Gas cans - He was shown a gas can and agreed it was his. This can was missing on 6/24 and he called the police. He reported it as stolen, along with another can. He knew his daughter had used them before.
You could see the gas streaks on the side of her car?
OBJECTION - asked and answered previously - OVERRULED
He knew his daughter had used them before.
Did the can have duct tape on it when you gave it to LE the first time?
OBJECTION - SUSTAINED
On 8/1/08 did the can have duct tape on it when you gave it to LE? Possibly, he doesn't remember. They came and took it from the shed.
This was after the argument with his daughter about the gas cans. There was no one there other than he and ICA and God.
The dog, anyone else you want to throw in there?
OBJECTION - SUSTAINED - I'll withdraw the question
Okay, did you say...
OBJECTION - Page and Line -
208, lines 9-12 - He was read the answer that he said there was no duct tape on it when LE took the can. If that is what he said - then yes.
He was shown a photo.
He was asked if he put the tape on and then took it off and put it back on?
OBJECTION - Page and Line
HHJBP - Please reposition the gas can as the Jury can't see Mr. A.
From depo - is it your recollection that the piece of duct tape was not on the can? His answer was Yes. He agrees that was what he said.
Did the gas can have duct tape on it on 8/1/08 - if he was looking at the photo, then yes it did. However, the gas can was taken again 10 days later.
The gas can he has on the witness stand is the only one that has been talked about. He believes there is also another photo of the can.
He was shown a certified copy of his deposition and asked if he saw the Exhibits tab at the end. He said he did. JB referred him to tabs 1 and 10. He stated 1 and 10 were the photo he was just shown. Those are the only photos of gas cans.
Either the police planted the tape, or you lied?
OBJECTION - improper impeachment - SUSTAINED
Regarding argument with his daughter, the gas can did not have duct tape on it. When ICA returned the can to him, it did not have duct tape on it.
OBJECTION BY JB - narrative - OVERRULED
On the 24th when she gave him the gas cans, she put them down on the ground forcibly and said "here's my ******ing gas cans" the little white tab was missing from the gas can and he put the tape on it.
OBJECTION BY JB - narrative - Move to strike
SIDEBAR #5 (10:43-10:50)
When ICA gave you the gas can on 6/24/08 - according to you - the gas can did not have duct tape on it? That's correct. And you have also testified that when LE took it on 8/1/08, that it did not have duct tape on it? If I'm not mistaken, when it was retrieved from the shed, he did not touch it. Possibly, he had put something on it before.
OBJECTION BY JB - narrative - Question calls for yes or no.
Did you testify to that? No.
Did the court reporter get it wrong?
OBJECTION - SUSTAINED
Do you recall reading....
OBJECTION - SUSTAINED
Did you testify it was not>
OBJECTION - asked and answered - SUSTAINED
May I read the depo to him
OBJECTION - asked and answered - go ahead and read it
JB read his question and answer into record that it did not have any duct tape over the vent and when it came back it did and he did not put it on there. He now recalls giving that answer.
OBJECTION - asked and answered - SUSTAINED
No further questions.
Jury coming back (10:27)
DIRECT EXAMINATION BY JB - continued
Do you recall questions by JA about molestation on the first day of trial? He would never do anything like that to his daughter.
You know sex with a child under the age of 12 is life in prison?
OBJECTION - SUSTAINED
You are aware of the penalties?
OBJECTION - SUSTAINED
You would never admit to it?
OBJECTION - OVERRULED
I would never do anything like that to my daughter.
OBJECTION - SUSTAINED
Gas cans - He was shown a gas can and agreed it was his. This can was missing on 6/24 and he called the police. He reported it as stolen, along with another can. He knew his daughter had used them before.
You could see the gas streaks on the side of her car?
OBJECTION - asked and answered previously - OVERRULED
He knew his daughter had used them before.
Did the can have duct tape on it when you gave it to LE the first time?
OBJECTION - SUSTAINED
On 8/1/08 did the can have duct tape on it when you gave it to LE? Possibly, he doesn't remember. They came and took it from the shed.
This was after the argument with his daughter about the gas cans. There was no one there other than he and ICA and God.
The dog, anyone else you want to throw in there?
OBJECTION - SUSTAINED - I'll withdraw the question
Okay, did you say...
OBJECTION - Page and Line -
208, lines 9-12 - He was read the answer that he said there was no duct tape on it when LE took the can. If that is what he said - then yes.
He was shown a photo.
He was asked if he put the tape on and then took it off and put it back on?
OBJECTION - Page and Line
HHJBP - Please reposition the gas can as the Jury can't see Mr. A.
From depo - is it your recollection that the piece of duct tape was not on the can? His answer was Yes. He agrees that was what he said.
Did the gas can have duct tape on it on 8/1/08 - if he was looking at the photo, then yes it did. However, the gas can was taken again 10 days later.
The gas can he has on the witness stand is the only one that has been talked about. He believes there is also another photo of the can.
He was shown a certified copy of his deposition and asked if he saw the Exhibits tab at the end. He said he did. JB referred him to tabs 1 and 10. He stated 1 and 10 were the photo he was just shown. Those are the only photos of gas cans.
Either the police planted the tape, or you lied?
OBJECTION - improper impeachment - SUSTAINED
Regarding argument with his daughter, the gas can did not have duct tape on it. When ICA returned the can to him, it did not have duct tape on it.
OBJECTION BY JB - narrative - OVERRULED
On the 24th when she gave him the gas cans, she put them down on the ground forcibly and said "here's my ******ing gas cans" the little white tab was missing from the gas can and he put the tape on it.
OBJECTION BY JB - narrative - Move to strike
SIDEBAR #5 (10:43-10:50)
When ICA gave you the gas can on 6/24/08 - according to you - the gas can did not have duct tape on it? That's correct. And you have also testified that when LE took it on 8/1/08, that it did not have duct tape on it? If I'm not mistaken, when it was retrieved from the shed, he did not touch it. Possibly, he had put something on it before.
OBJECTION BY JB - narrative - Question calls for yes or no.
Did you testify to that? No.
Did the court reporter get it wrong?
OBJECTION - SUSTAINED
Do you recall reading....
OBJECTION - SUSTAINED
Did you testify it was not>
OBJECTION - asked and answered - SUSTAINED
May I read the depo to him
OBJECTION - asked and answered - go ahead and read it
JB read his question and answer into record that it did not have any duct tape over the vent and when it came back it did and he did not put it on there. He now recalls giving that answer.
OBJECTION - asked and answered - SUSTAINED
No further questions.
