Morning Testimony, Part 3
DAY FIFTEEN - May 2, 2023
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The Wests' eldest biological son has been called to the stand. This is the child who Smith said told police he saw Orrin die at the apartment in Bakersfield.
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He's 12 years old and is in 7th grade.
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The boy said science is his favorite subject. He said sometimes he plays with his brothers.
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The boy pointed out Trezell West and said that's his father, and Jacqueline West and said she's his mother.
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The boy testified he remembers the apartment they lived at in Bakersfield. He said he remembers moving to Cal City.
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He said all his brothers slept in the same room. They had mattresses on the floor.
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Smith showed the boy a drawing the boy had made. The boy said he made it to show the sleeping arrangements of him and and his brothers at the apartment.
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Orrin slept next to one of the other adopted children, and Orson also slept next to another of the Wests' adopted children, the boy said. He said the mattresses went with them to Cal City.
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The boy said he didn't see Orrin or Orson being disciplined. He said his father spanked him if he did something bad. He said his father usually used his hand. He didn't see him spank Orrin or Orson.
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Smith showed the boy a photo. The boy said his dad made it and it was kept for self defense. It's a stick.
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Shown another photo, the boy said he believes it's the apartment where they lived. He said his parents bought a home in Cal City in 2020.
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The boy said he was excited his parents bought a home in Cal City. He said he doesn't remember how many rooms it had or how big it was.
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The boy recognized the house when Smith showed him a photo.
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The boy said "everybody" moved to the Cal City house, including Orrin and Orson.
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The boy said he remembers an incident in Bakersfield where Orrin threw up. He doesn't remember when it happened or what time of day. He believes it was morning.
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The boy said he saw Orrin throwing up. He said he's not sure what happened to Orrin. He said he doesn't remember much about it.
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The boy said he saw vomit. He said he's not really sure what he meant when he told police Orrin's color was fading.
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The boy said he's not sure if Orrin was taken somewhere while they were in the apartment in Bakersfield.
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Shown a picture of his room in Cal City, the boy said he slept in the top bunk, his biological brother slept in the middle and he believes Orson slept in the bottom bunk. He said he's not sure if Orrin or Orson slept in the bottom.
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The boy said he was home-schooled in Cal City.
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Smith showed a photo of what the boy said was their school room. He said he and 3 of his brothers went to the school room, not Orrin and Orson.
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The boy said around Christmas 2020 he remembers going to his grandmother's house. He said he doesn't remember who drove him or who was in the van. He said he remembers the police coming to his grandmother's house and being questioned.
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The boy said he tried to tell police the truth.
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Smith is going to play the videos of the boy's interview with police.
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The boy said he recognizes himself in the videos. Transcripts of the interview are being handed out to the jury.
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The video is playing. The boy was 10 at the time.
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The boy says he knows the difference between a lie and the truth.
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If he does something wrong at home "we get talked to by dad," the boy says.
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The boy says he knows it's wrong to hurt or kill someone. He says he knows it's against the law and "it's just wrong because why would you want to kill somebody?"
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The boy says he likes being at home and has a bunch of toys.
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He says Orrin and Orson weren't with them when they got dropped off at his grandmother's house. He doesn't know where they got dropped off but said his parents dropped them off a while ago.
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He says it was weeks ago.
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The boy says his parents told him they were dropping Orrin and Orson off at their grandparents' house.
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The boy says they haven't talked to Orrin or Orson. He says he doesn't know why they went to their grandparents' house. He says he liked Orrin and Orson but they were sort of annoying because they cried a lot.
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The boy says Orrin and Orson went to the Cal City house with them.
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The boy has clarified his answer and says Orrin went to his grandmother's house before they moved to Cal City, and Orson went after they moved.
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The video is over.
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Smith is continuing to question the boy.
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The boy he doesn't remember telling the officer the boys had been gone for weeks.
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He said he remembers "a little bit" talking with another person after the officer. He said he doesn't remember what type of questions she asked.
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The interview the boy had with that person will be played by Smith.
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Transcripts are being provided to the jury. The video is about 20 minutes long.
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The video has begun. A woman enters the frame and says she'll be interviewing the boy, and gives the time and date.
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The woman leaves, then returns with the boy, who takes a seat on a chair while the woman sits on a couch.
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The woman asks him to tell her about his dog, which he does. He gives descriptions of the 3 dogs.
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The boy talks about being at his grandmother's house. He says his parents dropped him off at his grandmother's house on the 19th.
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The woman asks where Orrin and Orson are. The boy says at their grandmother's house. He says they went there "before this month."
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He says his parents told him the boys were at their grandparents' house. He says the boys weren't around for Thanksgiving or Halloween. He says he believes they left after they moved.
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The boy says he doesn't remember what month they moved to Cal City.
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The boy says Orrin and Orson were around for his birthday in June, and were there in July for one of his brother's birthdays.
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He says Orrin and Orson went to their grandmother's house "a couple of days after we moved."
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The boy says he hasn't seen Orrin or Orson since then. He says his parents didn't tell him how long the boys were going to stay with their grandmother.
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The woman stops out of the room.
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She returns and continues asking questions.
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The boy agrees it's long time for Orrin and Orson to be at the grandmother's house. He says his parents didn't say why the boys went there.
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"Why do you think I'm asking you questions about Orson and Orrin?" the woman asks. "I don't know," the boy says.
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The woman finishes questioning him and they leave the room. Smith stopped the video. Court is in recess for 15 minutes.
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