This is exhibit number 365.
(47:21) Message plays: “hey what's going on, just calling...anyway this is probably the time your starting to gear up, I know Leslie called you so I already talked to her, so, uh, you can call her back if you want, but it's not necessary. Um, my phone died so I wasn't getting back to anybody. Um, and what else, oh and I drove a hundred miles in the wrong direction, over a hundred miles thank you very much, so yeah, remember in New Mexico, it was a lot like that only you weren't here to protect me from going into the three digits, so fun, fun, tell you all about that later. Also, we were talking about when we were talking about your upcoming travels my way, I was looking at the May calendar, duh, so I'm all confused, but Heather and I are going to see Othello on July 1st and we would love for you to accompany us, um I don't know what's...for you though, but you know it's on the list so we could do Shakespeare, Crater Lake and the coast, if you can make it, or if not, we'll just do the coast and Crater Lake, but let me know and I'll talk to you soon, bye. End of message. To delete this message press 7, to save it in the archives press 9. To hear Message will be saved for 21.
M: That's you, correct?
A: correct
M: That's you lying on the message, right?
A: Yes
M: You're telling, or leaving the message for Mr. Alexander indicating you got lost, fun, fun, right?
A: Yes
M: That's not true, right
A: That's not true.
M: Asking him or talking to him about coming up to visit you up in Yreka and doing some of the things that you mentioned, you know that that's not true, either, right?
A: No, that was our plan before June 4th
M: That was the plan before June 4th, but you're talking to him, or leaving the message for him indicating that you know your sorry you couldn't stop by, but you guys could make up for it when he comes to visit you, right?
A: Yes
M: that's a lie
A: Yes
M: And all of these lies, ma'am are meant for your benefit so that you can escape responsibility.
A: I don't see how that's to my benefit, I don't know what you mean by benefit, but yeah, so I could escape whatever for the time being.
M: Well, you keep saying for the time being, you would have been happy to avoid the consequences for a long time wouldn't have you?
A: I can't say I would be happy,
M: You would have preferred that, wouldn't you?
N: Objection, relevance
J: overruled
A: I don't know how to answer that
M: Well, you didn't go to the police with any of your information ever, until they contacted you, right?
A: um, I think I initiated the contact.
M: Oh, so you're saying when you called the police, you told them the truth?
A: I'm not saying that
M: You would have been satisfied to avoid any responsibility for the killing of Mr. Alexander, wouldn't you?
A: I don't know if satisfied is the word, probably relieved.
M: okay, you would have been relieved to avoid any consequences for the killing of Mr. Alexander, correct?
A: Um, that was, that was my goal that day
M: And that's why you left this message that we heard in exhibit 365, correct?
A: Well, that's part of the reason.
M: Well, that was the main reason wasn't it?
A: Yes
M: I mean there would be really no other reason to leave a dead man a telephone call would there?
A: I probably wouldn't have done that but Leslie said she um called his phone asking for me cuz I was missing and then I thought maybe I should do something about that and that's why I did it. So ultimately that was the main reason, yes
M: So you're looking to Leslie Uti as the reason that you made that telephone call, ma'am?
A: no, I said the other to avoid whatever was the ultimate reason
M: You gave me a reason involving Leslie Uti right now, didn't you?
A: Yes, I wouldn't have thought to leave a message if she hadn't , if I hadn't talked to her prior to her leaving that message and then she said that, um, we've been calling and we called Travis and left a message and that kind of thing
M: But she told you that ma'am, knowing, believing that he was still alive, didn't she?
A: Yes
M: You knew better though.
A: um, I think I did
M: And so you didn't have to follow her advice
A: She didn't give me advice
M: Well, you didn't have to follow her words, did you?
A: Um, I didn't have to but it reminded me of her cell phone, I chose to do it, I chose to, if you're going down the route saying Leslie Ute made me do that, I'm not saying that.
M: I'm not saying Leslie made you do it. I'm saying you're looking again, in a personal relationship, in an issue that is absolutely yours to own, you're looking for somebody else, saying Leslie Uti I talked to her and as a result of talking to Leslie Uti, that's why I left this message.
N: Objection, argumentative
J: Sustained
M: Ma'am, Leslie Uti really didn't have anything to do with that call, right?
A: I mean I made the call, I just got the idea after speaking with her.
M: So, she was the reason why you got the idea, then?
A: That kind of I guess
M: And according to you if it had not been for Leslie Uti, you wouldn't have thought about it, right?
A: I probably would have thought about it eventually, but maybe not I don't know. I just know that I thought of it after she mentioned that she had left a message on his voice mail.
M: and so because of this outside stimulus, you decided to leave this message, it was your decision.
A: It was my decision
M: Just like visiting Mr. Alexander was your decision, right?
A: Yes
M: On June 4th 2008, it was your decision, right?
A: yes
M: Even though you told us before that he guilted you, that really wasn't the reason you went, you wanted to go, correct?
A: Part of me did and part of me didn't, obviously the bigger part did cuz I went and he did guilt me and ultimately it still was my decision.
M: So you made the decision to go, right?
A: Yes
M: And then, though, after that, you did something else to cover-up, didn't you?
A: Yes.
M: Let's take a look at another exhibit. Take a look at exhibit number 504. Recognize it?
A: yes
M: It's a text message that you sent, right?
A: Yes
M: What's the date on it
A: the 6th of June
M: Pardon
A: June 6th 2008
M: and it's to Mr. Alexander, correct?
A: Yes
M: And again the hours are off by seven, correct?
A: Um, yeah, I didn't look at the hours.
M: Why don't you just take a look at the hours, so we can make sure.
A: Ok
M: They're off by seven, correct?
A: Yes
M: I move for the admission of exhibit 504
N: No objection
J: 504's admitted
M: Let's take a look at this text message. First of all that's your telephone number here on the left, correct?
A: Yes, it was
M: And the date there is 6/6/08, correct?
A: yes
M: We take the seven hours away from the 16:58, what we're really talking, seven hours from 16:58 what we're really talking about is 9:58 in the morning, is that correct?
A: yes
M: this is while you were still on the road driving home, correct?
A: Yes , I believe it was
M: And why don't you read to us what the message is that you left for Mr. Alexander.
A: Hey, I need to know when you're going to deposit that check.
M: You're referring to the check involving the car, correct?
A: Yes
M: The check that you know was uncashed in his, um, desk in his office, right?
A: I didn't know where it was, but I figured it wasn't cashed.
M: And in fact there was a conversation you had with the detective where you talked to him about the uncashed check, correct?
A: yes
M: So you knew that it was uncashed, correct?
A: by, yeah, by the time it hadn't cleared by whenever I talked to him, I knew it wasn't cashed
M: But another thing that you knew on this date was that Mr. Alexander was dead, didn't you?
A: Yeah.
M: And you did that again, so you could cover up what you'd done, right?
A: yes
M: Cause you did not want to be faced with whatever consequences that were involved, right?
A: I was afraid of the consequences
M: And because you were afraid, that was good enough for you to send something like that, right?
N: Objection, argumentative
J: Restate
M: The reason that you gave to us that you were afraid, in your mind, even though the fog had lift, even though there was a fog that was involved, you felt it was okay to send this message?
A: I didn't feel it was okay, it's not like that, so I guess that would be no.
M: So why are you sending it, are you sending it so he can reach you in the grave, or what?
A: No
M: You're sending it so that, as you previously said involving the telephone calls, so you won't have to face the consequences of what you did, right?
A: Yes
M: Just like the scene, you're trying to manipulate the evidence, right?
A: Yes
M: Let's take a look at another exhibit. Exhibit 505. Do you recognize this?
A: yeah
M: And that's an email, right?
A: Yeah
M: Sent by you, right?
A: Yes
M: Sent to Mr. Alexander, correct?
A: to his email
M: And what date and time was it sent.
A: Saturday June 7th, 2008
M: And what time?
A: I'm sorry 10:21
M: I move for the admission of exhibit 505.
N: No objection
J: 505 is admitted
M: Let's take a look at it. It's from you, right?
A: Yes
M: And you've already told us the date and time. You're sending it, even though you know he's dead, right? A way to stage the scene.
A: I think so, that was my goal, I think
M: Well, I didn't hear you
A: That was my
M: Goal, right?
A: Yeah
M: Why don't you start with “hey, you” and read what it says.
N: Objection, the fact that is was send is enough
J: Overruled
A: Hey you, I haven't heard back from you. I hope you're not still upset that I didn't come to see you. I just didn't have enough time off, it's ok, sweetie, you're going to be here in less than two weeks—we're going to see the sights, (she breaks down
M: You also right check things off “The List” and all kinds of fun things, right?
A: Yes
M: You say “ Oregon is BEAUTIFUL this time of the year. Yaaay!....be happy!”, correct?
A: nods
M: Then you say: Anyway, I wanted to let you know that I'm thinking about pushing my visit up to next week but it depends on my budget, so I'm not for sure yet. I know you'll be in Cancun, but I'll probably crash at your house in your cozy bed anyway...eat some of your oatmeal and frozen dinner, you know, the usual-jk =) I know you said the door was always open, but I wanted to give you a heads up. If for any reason that won't work, let me know and I'll make other arrangements. Your house has always been my second home although it's a bit more lonely without Naps around. You're probably in California right now, but wherever you are get a hold of me at least before you head to Mexico, thanks hun, Jodi. You wrote that right?
A: Yes
M: that was your way of an attempt to, again stage the scene, right?
A: Yes
M: I want to play something for you, ma'am. Exhibit 248( Inside Edition): No jury is going to convict me. Reporter: Why is that ma'am? Because I'm innocent and you can mark my words on that one. No jury is going to convict me.” That's you, right?
A: Yes
M: And that's you saying not that you're not going to be convicted, because you're going to commit suicide or anything like that, is it?
A: that's correct
M: You're saying that you're innocent, right?
A: Yes
M: And you believe that no jury would convict you because you are going to lie your way out of it, right?
A: No
N: Objection, argumentative
J: Sustained
M: Ma'am, you indicated certain things in this court as part of your testimony, didn't you?
A: Yes
M: You indicated that Travis Alexander, that you say him masturbating to a picture, or pictures of young boys, correct?
A: I only saw one picture.
M: Right, you saw him do that, that's a lie, isn't it ma'am.
N: Objection, argumentative
J: Overruled
A: I wish it was a lie.
M: And ma'am with regard to this issue of him being hyper sexual and him being overbearing in that department, that's not true, is it?
N: Objection, argumentative
J: Overruled
A: um, it's true that he was hyper sexual, it isn't true that he was overbearing.
J: I'm not asking you if he was hyper sexual, I asked if he was overbearing
A: You said hyper sexual
M: Alright, let's go with overbearing, then
A: No, I don't think he was overbearing
M: And in fact, you gave as well as you took, didn't you?
N: Objection, calls for speculation
J: sustained
M: You were in it to the same extent that he was, in the activities, right?
N: Objection, calls for speculation
J: rephrase
M: Ma'am for example, we saw some of the text messages that you sent to him., right?
A: Yes
M: We heard some of the conversations that you had with him, right?
A: Yes
M: You indicated, for example, I don't need to go into all of them, that you wanted to sexually blossom, do you remember that?
A: Yes
M: And you specifically said that you wanted a facial, do you remember that?
A: Yes
M: So you were enjoying the sex, weren't you?
A: Yes, most of it, yes?
M: And yes you came in here and for days upon days you told us how uncomfortable he made you feel, right?
A: Only those times, we didn't talk about all the other times.
M: And ma'am additionally, you talked about how he was physically abusive to you during your testimony, right?
A: Yes
M: You said in your testimony, for example, in March you were going to move to Yreka that he hit you on the freeway, right?
A Yes
M: But we took a look at your journal entry, do you remember that?
A: Yes
M: an your journal entry speaks otherwise, doesn't it?
A: It doesn't speak of the incident
M: No, it spoke of tenderness, three soft kisses, doesn't it?
A: Yes
M: And involving the allegation that he kicked you and did something to your finger, you remember that we also took a look at your journal
A: Yes
M: And in that journal, that journal indicated that on the day that was supposed to have happened, nothing noteworthy happened. That's what your journal said, right?
A: Over the span of those 4 days
M: Right, and on January 22nd when you allegedly saw him in the masturbatory conduct, that's also when you wrote in your journal that nothing noteworthy occurred, right?
A: I'm sorry it was on the 21st, but
M: Right the 21st, but your journal entry of the 24th covers January 21st doesn't it?
A: Yes
M: And so you believe that your going to be acquired because you came in and told those stories, don't you?
N: Objection, argumentative
J: overruled
A: I can't predict the future, and that's not why I told the truth, I still planned to kill myself when I told the truth.
M: And you believe that, you're saying that at that time you planned to kill yourself, right?
A: Yes
M: But that's not what you say in there, do you?
A: No, I couldn't say that.
M: I'm not saying whether or not you could say it, you started your testimony on direct examination by saying those are the bitterest words I have ever uttered, do you remember saying that?
A: No, I said those are probably the most bitterest words I will ever eat or something.
M: Right, so you have a very good memory as to what you said about that, right?
A: Yes
M: And you said that the reason that you made that comment that no jury would convict you because you were going to commit suicide, right?
A: That's right
M: But in this clip that we saw, you actually say, it's because you're innocent, right?
A: Yes, of first degree murder, and I'm innocent of that
M: Yeah, it does say that you're innocent, right?
A: Yes
M: Even that's a lie, isn't it ma'am
A: Um
N: Objection
A: Not how I
N: Objection, argumentative
M: Rephrase the question
M: Isn't in inconsistent, your testimony, isn't it inconsistent with this exhibit, 248, what you say in exhibit 248?
N: Objection ,that's not accurate …
J: Approach , you may continue, objection overruled
M: In this exhibit 248, you heard yourself, right?
A: yes
M: You said I'm innocent, no jury will convict me, right?
A: Yes
M: Where as when you started this direct examination, your testimony, you said that the reason I said no jury would convict me was because I planned to kill myself, right?
A: I said that I planned to be dead, yes
M: because you planned to commit suicide, right?
A: That's correct
M: Those are two different stories, aren't they.
A: No, on the stand I explained why I didn't say suicide as opposed to the alternative, because there was an officer sitting a few feet behind me and if I would have said that, they would have hauled me off to a padded room, stripped me naked, and I would have lived there until whenever.
M: So what you are saying, even today, that when you say you are innocent, that means to you that there is an officer sitting next to you and you didn't want him to know that you wanted to commit suicide, right? That's what you're saying?
A: When I made that statement?
M: Yes, when you say innocent, that's what you equate it with
A: Yes, well definitely innocent of pre-planning whatever you were trying to say, but
M: No, I'm not asking about that, I'm asking about the statements. Isn't it true that the statements are different, that's all I'm asking?
A: Yeah, they're different
M: I don't have anything else, ma'am
(47:21) Message plays: “hey what's going on, just calling...anyway this is probably the time your starting to gear up, I know Leslie called you so I already talked to her, so, uh, you can call her back if you want, but it's not necessary. Um, my phone died so I wasn't getting back to anybody. Um, and what else, oh and I drove a hundred miles in the wrong direction, over a hundred miles thank you very much, so yeah, remember in New Mexico, it was a lot like that only you weren't here to protect me from going into the three digits, so fun, fun, tell you all about that later. Also, we were talking about when we were talking about your upcoming travels my way, I was looking at the May calendar, duh, so I'm all confused, but Heather and I are going to see Othello on July 1st and we would love for you to accompany us, um I don't know what's...for you though, but you know it's on the list so we could do Shakespeare, Crater Lake and the coast, if you can make it, or if not, we'll just do the coast and Crater Lake, but let me know and I'll talk to you soon, bye. End of message. To delete this message press 7, to save it in the archives press 9. To hear Message will be saved for 21.
M: That's you, correct?
A: correct
M: That's you lying on the message, right?
A: Yes
M: You're telling, or leaving the message for Mr. Alexander indicating you got lost, fun, fun, right?
A: Yes
M: That's not true, right
A: That's not true.
M: Asking him or talking to him about coming up to visit you up in Yreka and doing some of the things that you mentioned, you know that that's not true, either, right?
A: No, that was our plan before June 4th
M: That was the plan before June 4th, but you're talking to him, or leaving the message for him indicating that you know your sorry you couldn't stop by, but you guys could make up for it when he comes to visit you, right?
A: Yes
M: that's a lie
A: Yes
M: And all of these lies, ma'am are meant for your benefit so that you can escape responsibility.
A: I don't see how that's to my benefit, I don't know what you mean by benefit, but yeah, so I could escape whatever for the time being.
M: Well, you keep saying for the time being, you would have been happy to avoid the consequences for a long time wouldn't have you?
A: I can't say I would be happy,
M: You would have preferred that, wouldn't you?
N: Objection, relevance
J: overruled
A: I don't know how to answer that
M: Well, you didn't go to the police with any of your information ever, until they contacted you, right?
A: um, I think I initiated the contact.
M: Oh, so you're saying when you called the police, you told them the truth?
A: I'm not saying that
M: You would have been satisfied to avoid any responsibility for the killing of Mr. Alexander, wouldn't you?
A: I don't know if satisfied is the word, probably relieved.
M: okay, you would have been relieved to avoid any consequences for the killing of Mr. Alexander, correct?
A: Um, that was, that was my goal that day
M: And that's why you left this message that we heard in exhibit 365, correct?
A: Well, that's part of the reason.
M: Well, that was the main reason wasn't it?
A: Yes
M: I mean there would be really no other reason to leave a dead man a telephone call would there?
A: I probably wouldn't have done that but Leslie said she um called his phone asking for me cuz I was missing and then I thought maybe I should do something about that and that's why I did it. So ultimately that was the main reason, yes
M: So you're looking to Leslie Uti as the reason that you made that telephone call, ma'am?
A: no, I said the other to avoid whatever was the ultimate reason
M: You gave me a reason involving Leslie Uti right now, didn't you?
A: Yes, I wouldn't have thought to leave a message if she hadn't , if I hadn't talked to her prior to her leaving that message and then she said that, um, we've been calling and we called Travis and left a message and that kind of thing
M: But she told you that ma'am, knowing, believing that he was still alive, didn't she?
A: Yes
M: You knew better though.
A: um, I think I did
M: And so you didn't have to follow her advice
A: She didn't give me advice
M: Well, you didn't have to follow her words, did you?
A: Um, I didn't have to but it reminded me of her cell phone, I chose to do it, I chose to, if you're going down the route saying Leslie Ute made me do that, I'm not saying that.
M: I'm not saying Leslie made you do it. I'm saying you're looking again, in a personal relationship, in an issue that is absolutely yours to own, you're looking for somebody else, saying Leslie Uti I talked to her and as a result of talking to Leslie Uti, that's why I left this message.
N: Objection, argumentative
J: Sustained
M: Ma'am, Leslie Uti really didn't have anything to do with that call, right?
A: I mean I made the call, I just got the idea after speaking with her.
M: So, she was the reason why you got the idea, then?
A: That kind of I guess
M: And according to you if it had not been for Leslie Uti, you wouldn't have thought about it, right?
A: I probably would have thought about it eventually, but maybe not I don't know. I just know that I thought of it after she mentioned that she had left a message on his voice mail.
M: and so because of this outside stimulus, you decided to leave this message, it was your decision.
A: It was my decision
M: Just like visiting Mr. Alexander was your decision, right?
A: Yes
M: On June 4th 2008, it was your decision, right?
A: yes
M: Even though you told us before that he guilted you, that really wasn't the reason you went, you wanted to go, correct?
A: Part of me did and part of me didn't, obviously the bigger part did cuz I went and he did guilt me and ultimately it still was my decision.
M: So you made the decision to go, right?
A: Yes
M: And then, though, after that, you did something else to cover-up, didn't you?
A: Yes.
M: Let's take a look at another exhibit. Take a look at exhibit number 504. Recognize it?
A: yes
M: It's a text message that you sent, right?
A: Yes
M: What's the date on it
A: the 6th of June
M: Pardon
A: June 6th 2008
M: and it's to Mr. Alexander, correct?
A: Yes
M: And again the hours are off by seven, correct?
A: Um, yeah, I didn't look at the hours.
M: Why don't you just take a look at the hours, so we can make sure.
A: Ok
M: They're off by seven, correct?
A: Yes
M: I move for the admission of exhibit 504
N: No objection
J: 504's admitted
M: Let's take a look at this text message. First of all that's your telephone number here on the left, correct?
A: Yes, it was
M: And the date there is 6/6/08, correct?
A: yes
M: We take the seven hours away from the 16:58, what we're really talking, seven hours from 16:58 what we're really talking about is 9:58 in the morning, is that correct?
A: yes
M: this is while you were still on the road driving home, correct?
A: Yes , I believe it was
M: And why don't you read to us what the message is that you left for Mr. Alexander.
A: Hey, I need to know when you're going to deposit that check.
M: You're referring to the check involving the car, correct?
A: Yes
M: The check that you know was uncashed in his, um, desk in his office, right?
A: I didn't know where it was, but I figured it wasn't cashed.
M: And in fact there was a conversation you had with the detective where you talked to him about the uncashed check, correct?
A: yes
M: So you knew that it was uncashed, correct?
A: by, yeah, by the time it hadn't cleared by whenever I talked to him, I knew it wasn't cashed
M: But another thing that you knew on this date was that Mr. Alexander was dead, didn't you?
A: Yeah.
M: And you did that again, so you could cover up what you'd done, right?
A: yes
M: Cause you did not want to be faced with whatever consequences that were involved, right?
A: I was afraid of the consequences
M: And because you were afraid, that was good enough for you to send something like that, right?
N: Objection, argumentative
J: Restate
M: The reason that you gave to us that you were afraid, in your mind, even though the fog had lift, even though there was a fog that was involved, you felt it was okay to send this message?
A: I didn't feel it was okay, it's not like that, so I guess that would be no.
M: So why are you sending it, are you sending it so he can reach you in the grave, or what?
A: No
M: You're sending it so that, as you previously said involving the telephone calls, so you won't have to face the consequences of what you did, right?
A: Yes
M: Just like the scene, you're trying to manipulate the evidence, right?
A: Yes
M: Let's take a look at another exhibit. Exhibit 505. Do you recognize this?
A: yeah
M: And that's an email, right?
A: Yeah
M: Sent by you, right?
A: Yes
M: Sent to Mr. Alexander, correct?
A: to his email
M: And what date and time was it sent.
A: Saturday June 7th, 2008
M: And what time?
A: I'm sorry 10:21
M: I move for the admission of exhibit 505.
N: No objection
J: 505 is admitted
M: Let's take a look at it. It's from you, right?
A: Yes
M: And you've already told us the date and time. You're sending it, even though you know he's dead, right? A way to stage the scene.
A: I think so, that was my goal, I think
M: Well, I didn't hear you
A: That was my
M: Goal, right?
A: Yeah
M: Why don't you start with “hey, you” and read what it says.
N: Objection, the fact that is was send is enough
J: Overruled
A: Hey you, I haven't heard back from you. I hope you're not still upset that I didn't come to see you. I just didn't have enough time off, it's ok, sweetie, you're going to be here in less than two weeks—we're going to see the sights, (she breaks down
M: You also right check things off “The List” and all kinds of fun things, right?
A: Yes
M: You say “ Oregon is BEAUTIFUL this time of the year. Yaaay!....be happy!”, correct?
A: nods
M: Then you say: Anyway, I wanted to let you know that I'm thinking about pushing my visit up to next week but it depends on my budget, so I'm not for sure yet. I know you'll be in Cancun, but I'll probably crash at your house in your cozy bed anyway...eat some of your oatmeal and frozen dinner, you know, the usual-jk =) I know you said the door was always open, but I wanted to give you a heads up. If for any reason that won't work, let me know and I'll make other arrangements. Your house has always been my second home although it's a bit more lonely without Naps around. You're probably in California right now, but wherever you are get a hold of me at least before you head to Mexico, thanks hun, Jodi. You wrote that right?
A: Yes
M: that was your way of an attempt to, again stage the scene, right?
A: Yes
M: I want to play something for you, ma'am. Exhibit 248( Inside Edition): No jury is going to convict me. Reporter: Why is that ma'am? Because I'm innocent and you can mark my words on that one. No jury is going to convict me.” That's you, right?
A: Yes
M: And that's you saying not that you're not going to be convicted, because you're going to commit suicide or anything like that, is it?
A: that's correct
M: You're saying that you're innocent, right?
A: Yes
M: And you believe that no jury would convict you because you are going to lie your way out of it, right?
A: No
N: Objection, argumentative
J: Sustained
M: Ma'am, you indicated certain things in this court as part of your testimony, didn't you?
A: Yes
M: You indicated that Travis Alexander, that you say him masturbating to a picture, or pictures of young boys, correct?
A: I only saw one picture.
M: Right, you saw him do that, that's a lie, isn't it ma'am.
N: Objection, argumentative
J: Overruled
A: I wish it was a lie.
M: And ma'am with regard to this issue of him being hyper sexual and him being overbearing in that department, that's not true, is it?
N: Objection, argumentative
J: Overruled
A: um, it's true that he was hyper sexual, it isn't true that he was overbearing.
J: I'm not asking you if he was hyper sexual, I asked if he was overbearing
A: You said hyper sexual
M: Alright, let's go with overbearing, then
A: No, I don't think he was overbearing
M: And in fact, you gave as well as you took, didn't you?
N: Objection, calls for speculation
J: sustained
M: You were in it to the same extent that he was, in the activities, right?
N: Objection, calls for speculation
J: rephrase
M: Ma'am for example, we saw some of the text messages that you sent to him., right?
A: Yes
M: We heard some of the conversations that you had with him, right?
A: Yes
M: You indicated, for example, I don't need to go into all of them, that you wanted to sexually blossom, do you remember that?
A: Yes
M: And you specifically said that you wanted a facial, do you remember that?
A: Yes
M: So you were enjoying the sex, weren't you?
A: Yes, most of it, yes?
M: And yes you came in here and for days upon days you told us how uncomfortable he made you feel, right?
A: Only those times, we didn't talk about all the other times.
M: And ma'am additionally, you talked about how he was physically abusive to you during your testimony, right?
A: Yes
M: You said in your testimony, for example, in March you were going to move to Yreka that he hit you on the freeway, right?
A Yes
M: But we took a look at your journal entry, do you remember that?
A: Yes
M: an your journal entry speaks otherwise, doesn't it?
A: It doesn't speak of the incident
M: No, it spoke of tenderness, three soft kisses, doesn't it?
A: Yes
M: And involving the allegation that he kicked you and did something to your finger, you remember that we also took a look at your journal
A: Yes
M: And in that journal, that journal indicated that on the day that was supposed to have happened, nothing noteworthy happened. That's what your journal said, right?
A: Over the span of those 4 days
M: Right, and on January 22nd when you allegedly saw him in the masturbatory conduct, that's also when you wrote in your journal that nothing noteworthy occurred, right?
A: I'm sorry it was on the 21st, but
M: Right the 21st, but your journal entry of the 24th covers January 21st doesn't it?
A: Yes
M: And so you believe that your going to be acquired because you came in and told those stories, don't you?
N: Objection, argumentative
J: overruled
A: I can't predict the future, and that's not why I told the truth, I still planned to kill myself when I told the truth.
M: And you believe that, you're saying that at that time you planned to kill yourself, right?
A: Yes
M: But that's not what you say in there, do you?
A: No, I couldn't say that.
M: I'm not saying whether or not you could say it, you started your testimony on direct examination by saying those are the bitterest words I have ever uttered, do you remember saying that?
A: No, I said those are probably the most bitterest words I will ever eat or something.
M: Right, so you have a very good memory as to what you said about that, right?
A: Yes
M: And you said that the reason that you made that comment that no jury would convict you because you were going to commit suicide, right?
A: That's right
M: But in this clip that we saw, you actually say, it's because you're innocent, right?
A: Yes, of first degree murder, and I'm innocent of that
M: Yeah, it does say that you're innocent, right?
A: Yes
M: Even that's a lie, isn't it ma'am
A: Um
N: Objection
A: Not how I
N: Objection, argumentative
M: Rephrase the question
M: Isn't in inconsistent, your testimony, isn't it inconsistent with this exhibit, 248, what you say in exhibit 248?
N: Objection ,that's not accurate …
J: Approach , you may continue, objection overruled
M: In this exhibit 248, you heard yourself, right?
A: yes
M: You said I'm innocent, no jury will convict me, right?
A: Yes
M: Where as when you started this direct examination, your testimony, you said that the reason I said no jury would convict me was because I planned to kill myself, right?
A: I said that I planned to be dead, yes
M: because you planned to commit suicide, right?
A: That's correct
M: Those are two different stories, aren't they.
A: No, on the stand I explained why I didn't say suicide as opposed to the alternative, because there was an officer sitting a few feet behind me and if I would have said that, they would have hauled me off to a padded room, stripped me naked, and I would have lived there until whenever.
M: So what you are saying, even today, that when you say you are innocent, that means to you that there is an officer sitting next to you and you didn't want him to know that you wanted to commit suicide, right? That's what you're saying?
A: When I made that statement?
M: Yes, when you say innocent, that's what you equate it with
A: Yes, well definitely innocent of pre-planning whatever you were trying to say, but
M: No, I'm not asking about that, I'm asking about the statements. Isn't it true that the statements are different, that's all I'm asking?
A: Yeah, they're different
M: I don't have anything else, ma'am
