is?" 41 a; ?j.a VOLUME 1 OF 1 VOLUMES UEIAL COURT CAUSE NO. ism a; Em} signer THE STATE OF TEXAS IN THE CRIMINAL DISTRICT vs. COURT NUMBER 6 OF ARLENA LINDLEY DALLAS COUNTY, TEXAS r?h_ I I N- OF APPEALS OPEN PLEA BEFORE THE COURT JUN 13 2003 DENISE PACHEGO - .GLEFIK 8th DISTRICT On the 17TH day of January, 2008, the following proceedings came on to be held in the above?titled and numbered cause before the Honorable JEANINE HOWARD, Judge Presiding, held in Dallas, Dallas County, Texas. Proceedings reported by computerized stenotype machine. Tiesxzu?-waait JAN CHERIE WILLIAMS, CSR 972-739-3912 APPEARANCES HON. CARMEN WHITE Assistant District Attorney SBOT NO. 24013305 133 N. Industrial Eleventh Floor Dallas, Texas 75201 Telephone: 214?653?3600 Attorney for State of Texas HON. PAUL JOHNSON SBOT NO. 10778230 311 N. Market Street Suite 300 Dallas, Texas 75202 Telephone: 214?761?0101 Attorney for DEFENDANT JAN CHERIE WILLIAMS, CSR 972?739?3912 index CHRONOLOGICAL INDEX 'January 17, 2008 Admonishments by the Court Arraignment/Plea of Guilty State rests Defense rests Both sides close Argument by Defense Argument by State Sentencing WITNESSES DIRECT Dr. Jeffrey Barnard . 7 Det. Warren Breedlove 26 Det. Abel Lopez 57 Latricia Chance 64, 95 103 Anthony Love 106 Tracy Clemons (rebuttal witness) 200 DEFENSE WITNESSES DIRECT Cathy Lee 118, 132 William Wade 137, 145 Roy Lindley 150 Arlena Lindley 157, 196 EXHIBIT.INDEX State's Exhibit Description 1 Judicial Confession 2 Autopsy report 3 20 Photos 23 Written Statement 24 Written Statement 25 26 Photos 27 29 Photos 30 Photo 31 Photo 32 Photo 33 Photo page 3 5 117 199 207 208 213 219 CROSS yg 24 40 31 90, 100 104 113, 116 204 CROSS 125 139, 149 154 163 offered admitted JAN CHERIE WILLIAMS, 972*739-3912 CSR THE COURT: This is Cause Number styled the State of Texas versus Arlena Lindley. Are both sides ready to proceed this morning? MS. WHITE: Yes, Your Honor. MR. JOHNSON: Yes, ma'am. THE COURT: Ms. Lindley, is that your true name, Arlena, THE DEFENDANT: Yes, ma?am. THE COURT: 'Ms. Lindley, you stand charged by indictment with the first?degree felony offense of injury to a child. Do you understand the charge against you in this case? THE DEFENDANT: Yes, ma'am. THE COURT: The punishment range for a first?degree felony is anywhere from a minimum of five years all the way up to a maximum of 99 years or life confinement in the penitentiary with an optional fine not exceed $10,000. Do you understand that is the punishment range that applies to this case? THE DEFENDANT: Yes, ma'am. THE COURT: Do you also understand that you have the right to have a jury trial in this case if you wanted one? THE DEFENDANT: Yes, ma'am. THE COURT: But the paper work you have signed indicates that you want to waive or give up that right. Is JAN CHERIE WILLIAMS, CSR 972-739-3912 that correct? THE DEFENDANT: Yes, ma'am. THE COURT: The paper work also indicates that you are going to enter a plea of guilty but that you want to go open to the Judge. In other words, you do not have a plea bargain agreement worked out in this case. Is that your understanding? THE DEFENDANT: Yes, ma'am. THE COURT: Now, do you understand that with such a plea this Court can assess your sentence anywhere within the range provided by law, the range I just gave you, and in all likelihood you would not be able to successfully appeal the Court's decision. Do you understand that? I THE DEFENDANT: Yes, ma'am. THE COURT: An open plea is basically where you place yourself on the mercy of the Court. THE DEFENDANT: Yes, ma'am. THE COURT: Sometimes the Court has mercy; sometimes it doesn?t. And you are aware of that? THE DEFENDANT: Yes, ma'am. THE COURT: And understanding all of that, you still want to go forward today with your open plea? THE DEFENDANT: Yes, ma'am. THE COURT: Has your attorney gone over with you and do you understand all the other admonishments contained in JAN CHERIE WILLIAMS, CSR 972-739-3912 the documents that you signed here in court today? THE DEFENDANT: Yes, ma'am. THE COURT: All right. Then arraign the defendant. I I MR. JOHNSON: Your Honor, please the Court. Comes now the defendant, she waives further arraignment, presentation of the indictment now before the court. She knows and understands she has a right to a jury trial, she has a -right to confront and cross examine the State's witnesses, also has the right to call witnesses to testify on her own behalf. At this time she waives those rights and agrees the State may offer evidence by way of her signed judicial confession and stipulation of evidence, and at this time she enters a plea of guilty to the indictment. THE COURT: Ms. Lindley, would you please stand. THE DEFENDANT: Yes. THE COURT: Your attorney has just entered a plea of guilty on your behalf to this offense. Is that your plea? THE DEFENDANT: Yes, ma'am. THE COURT: Are you entering that plea of guilty freely and voluntarily? THE DEFENDANT: Yes, ma'am. THE COURT: State. MS. WHITE: As State's Exhibit No. 1, State JAN CHERIE WILLIAMS, CSR 972+739?3912 offers the defendant's signed, written, voluntary judicial confession and stipulation of evidence. JOHNSON: No objection. THE COURT: State's Exhibit No. 1 will be admitted. MS. WHITE: State is ready to proceed. THE COURT: State is ready to proceed with witnesses? MS. WHITE: Yes, Your Honor. You may sit down. MR. JOHNSON: Can I tell my witnesses I am going to have them stay out for a few minutes. THE COURT: Yes. (Pause in proceedings.) THE COURT: Mr. Johnson, before we proceed, I want to give your client this copy of her Certification of Right to Appeal. I have noted that this is not a plea bargain case so the defendant does retain the right to appeal, and that is her copy. MS.-WHITE: And Judge, for the record, the Defense and the State had agreed that I would let the Court know that the State's last offer was ten years TDC. That's correct. MR. JOHNSON: THE COURT: All right. Thank you. You may proceed. JAN CHERIE WILLIAMS, CSR 972?739?3912 MS. WHITE: State calls Dr. Barnard to the stand. (Witness sworn by the Court.) THE COURT: You may take a seat. DR. JEFFREY BARNARD, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. WHITE: I Q. Doctor, can you spell your name and spell your last name for the court reporter? A.I Jeffrey Barnard, Q. And Dr. Barnard, how are you employed? A. Chief medical examiner for Dallas County and the director of the Southwestern Institute of Forensic Sciences. Q. As the chief medical examiner here in Dallas County, do you perform autopsies? A. I do. Q. Doctor, do you also testify as an expert witness in cases involving deceased people who die in Dallas Countythe case today of Titches Lindley, did you perform an autopsy? A. I did. MS. WHITE: May I approach, Your-Honor? THE COURT: Yes. JAN CHERIE WILLIAMS, CSR 972?739-3912 (By Ms. White) Doctor, I am going to show you what's been marked State's Exhibit No. 2 to you. Tell the Court what that is. A. State's Exhibit No. 2 is a copy of the autopsy report of Titches Lindley. Q. I am also going to show you State's Exhibit Number 3 and ask can you identify that. State?s Exhibit Number 3 is a what we call the identification photograph of the face of Titches Lindley. Q. Do your numbers on the ID photo match the autopsy report? A. Yes. Q. Can you also review the rest of those pictures and tell me what they are, Doctor? A. The rest of the exhibits are photographs that I took during the autopsy of Titches Lindley, demonstrating injuries -- the overall body as well as injuries. Q. Are those State's Exhibits 4 through 20? A. They are. Q. Ilam going to, with permission of the Court, stand here so you can show the Judge the pictures and exactly what we are talking about. You described State?s Exhibit Number 3 as the ID photo; is that correct? A. Right. It's an overall photograph that we term the identification photograph because it has the individual?s face JAN CHERIE WILLIAMS, CSR 972-739-3912 well as the unique identifying number. In addition to that, it also demonstrates injuries which were present and were documented during the autopsy. So in this case it has a twofold role. Q. Can you explain to the Judge State's Exhibit Number 4 and what that is identifying? A. State's Exhibit Number 4 is a photograph of the right side of Titches Lindley's face; head, neck_and face. IAnd what is demonstrated in this photograph, there is an abberated contusion of the right side of the face and the, kind of, temple region. But there are also some scars and crusting areas as well as other small bruises on the right side of the face. Q. I will stand over here, make it easier. I will show you State's Exhibit Number 5. Describe that for the Judge. A. State's Exhibit Number 5 is a photograph that covers the upper part of the chest but is mainly focused on the left side of the face and left side of the head. And what is demonstrated are several different bruises but very prominent abrasions which are located at the corner of the left eyebrow, as well as the left forehead region extending into the hairline. MS. WHITE: At this time, State would offer State's Exhibits 2 through 20. MR. JOHNSON: No objection. JAN CHERIE WILLIAMS, CSR 972-739-3912 THE COURT: State's Exhibit Numbers 2 through 20 will be admitted. Q. (By MS. WHITE) And State's Exhibit Number 6, Doctor, if you would explain. A. State's Exhibit Number 6 is a photograph that I took that covers or that photographs the lower half of the chest as well as the abdomen, the genital region, the front part of11 the thighs and the calf region and feet. And what is demonstrated here are a large number of bruises all over the front of the thigh on both the right and left side. There is also some bruising in the right flank area, which is that part of the body through the rib cage to the hip area. It is not as easily seen, but I know what I am looking at. But that is what is seen in these, prominently, are the thigh areas but also bruises of the forearms. Q. Doctor, in regard to bruising on the legs and arms, did you, in fact, do an internal examination to determine it was actually bruising and not just the pooling of blood? A. Well, one, I can tell by looking at it that it is not pooling of blood. In fact, I did dissect out the areas and there was extensive bruising in the musculature. -Q. State's Exhibit Number 7? A. State?s Exhibit Number 7 is a photograph mostly of the right side of the-chest. And that shows an abrasion with the surrounding contusion with a smaller contusion below it. JAN CHERIE WILLIAMS, CSR 972?739-3912 the flank area, as I described before, there is also a contusion. Q. State's Exhibit Number 8? A. State's Exhibit Number 8 is a photograph of the back and the upper portion of the buttocks. And this photograph shows a significant amount of bruising in the right mid back area, an abrasion of the mid back, another contusion of the right lower back, and extensive contusions of the low back on both the right and left side and the buttocks area. In addition, there is scarring of the upper portion of the buttocks, and then there are abrasions and actually some tearing of the skin in the left upper buttocks. Q. _State?s Exhibit Number 9, Doctor? A. State's Exhibit Number 9 is a close?up of the right back, which shows the bruising that I described previously and the abrasion. And it you can differentiate that, in fact, it really is a bruise because you see skin which is lighter and then you see the darker areas. I can tell from experience and training that's a bruise, but then I dissected the back as well to document, in fact, that was all hemorrhage. Q. State's Exhibit Number 10? A. State's Exhibit Number 10 is a more distant photograph that shows the back, the buttocks, and the back of the thighs going down into the calf region. And there is extensive bruising of the lower back encompassing all the JAN CHERIE WILLIAMS, CSR 972-739-3912 buttocks and extending on to the upper portion of the right and left thighs. There is also scarring of the left buttock that can be seen, as well. There is the abrasion and kind of tearing of the skin. In this case you can see on the right buttock, and then there is some that are also present on the left buttock. But this whole area of the thigh and the buttock is all hemorrhage. And the hemorrhage extended not just in the subcutaneous tissue, but I made_the incisions normally you cut into the fat tissue. But it was so extensive I cut down into the musculature of the buttocks and it went into the musculature also. So it?s extensive hemorrhaging on the internal exam. Q. State's Exhibit Number 11? A. Number 11 is a close-up of the previous photograph which shows the extensive bruising. It shows the abberated area. a little bit of tearing. There is other abrasions and then there is a small abrasion you can see on the inner right thigh. But the main focus is the extensive bruising. Q. And State's Exhibit Number 12, does it actually show a different injury than we see on State?s Exhibit Number 11? A. Well, actually itis a close-up of the abrasion you see on 11. Q. ?Okay. A. You see the bruising, but this is more focusing in on And it has kind of a curve. the abrasion. It's not quite a JAN CHERIE WILLIAMS, CSR 972?739-3912 loop, but it has a curve pattern to it. And that's the kind of thing you can see when someone is hit with something that has a curve. And frequently you see that in whipping if you have a belt that has been looped or you have a cord that has been looped or someone is struck with something that has a curved surface. Q. State's Exhibit Number 13? A. 13 is a photograph showing the buttocks and then all the way down to the heels. And what you can see beyond what we have already described in the buttocks and the thighs is there is also bruising in the back of the calves. Q. Do we also see extensive bruising along the arms in the picture? A. Right. In this you can see the palm surface of the forearms which also having bruising to them. Q. What does that indicate, Doctor? A. Well, I mean those bruises or contusions are bruises. And that shows that you have force which has injured the soft tissue so that you have torn the blood vessels in the fat. So that's what a bruise is. It can be from falling onto something or something striking the skin surface. Q. And bruising on the palm of the hand, is there an indication of maybe some protection there, or attempted protection? A. Well, you really don't see bruising on the palm of JAN CHERIE WILLIAMS, CSR 972-739-3912 the hand, but'you see it on the palmar side of the forearms. So, I mean, could somebody use that in a defensive posture, yes. It could be that someone is just struck there and it's not defensive posture. But, yes, it could be. Q. State's Exhibit Number 14? A. 14 is a close?up of the penis. And there is an abrasion that there had been bleeding that I identified at the autopsy. So it's a tearing of the skin surface there. IQ. Could that happen either by being kicked or struck with a belt or some kind of force? A. Yes. It would have to be some sort of force, whatever the ideology, to tear the skin surface. Q. State's Exhibit Number 15? A. Is a photograph of the back of the left hand. And it shows a crusting abrasion, which is older. And then it's got bruising in the back of the hand and of the back side of the forearm. Q. Number 16? Number 16 is the close?up of the palmar side of the right forearm, showing the extensive bruising in the forearm and wrist area. Q. And State's Exhibit Number 17? A. 17 is a close?up of the palmar side of the left forearm showing multiple areas of bruising plus an abrasion. And there may be bruising in the palm of the hand, but I don't JAN CHERIE WILLIAMS, CSR 972?739?3912 ever dissect unless I had to because if for some reason in viewing in a coffin that could be disfiguring. So if I have to I will. But in this case there was so much there that I did not. But in looking at it there actually looks like there is a little bruising in it. Q. State's Exhibit Number 18? A. 18 is a photograph of the back side of the right forearm and right hand and, again, there are areas of bruising visible. Q. State's Exhibit Number 19. A. 19 is a close?up of the genital area as well as a Close?up of the front portion of the right and left thighs. And it demonstrates a large-amount of hemorrhaging or bruising that is visible from the front of the hip, the thigh and all the way really kind of down to the knees. But it's irregular and that's why that's a traumatic injury. It's not anything that can be post mortem. Q. And then State's Exhibit Number 20? A. Number 20 is a photograph that I took of a cross section of the liver. And at the time I did the autopsy, there was a laceration or tear of the liver. So I made a cross section through it and you can see that the tearing starts with the outer aspect of the liver and extends into the liver itself. I So that's a substantial injury. THE COURT: May I ask something for JAN CHERIE WILLIAMS, CSR 972?739-3912 clarification? MS. WHITE: 'Yes. THE COURT: What did you say about the belt being a round surface or folded surface? THE WITNESS: There is an injury that is on the inner aspect of the back of the right thigh. And it has a curved pattern to it. And so for an abrasion or a scrape to occur, that's reflecting what the striking object was or what the body struck so it had to have a curved surface. Now, from experience, I have done a lot of cases where children have been whipped. And when you bend a belt it creates a curved surface. So it's consistent with that. It could be consistent with something else but it's got to have a curved surface. THE COURT: Okay. Q. (By Ms. White) Those are the photographs you took as a result of you completing the autopsy? A. It was during the autopsy. Q. And these are the external photos, but you also took some internal photos, correct? A. I did. Q. Did you find internal injuries in Titches Lindley? A. I did. Q. And can you tell the Judge what kind of internal injuries you found? A. There was several different findings that were JAN CHERIE WILLIAMS, CSR 972?739-3912 evident in the internal examination. One I have already covered, and that is dissecting the musculature. There was a large amount of hemorrhage in the back, the buttocks, in the thighs. But in the body cavity itself, there was also a I fracture of ribs on the right side in the back portion. There was a fracture on the left side, just one rib. There were bruises of the lungs. There was a the most significant injury would be the laceration of the liver. But the others are significant as well. There was bruising of the head of the pancreas. And there was also a bruise surrounding a portion of the large intestine. And then in terms of the examination of the head, there was bruising over the surface of the skull. There were no skull fractures. There is a very small amount of subarachnoid hemorrhage, which with the further examination I did, while that is real, there was not a lethal head injury, per say. I mean, there was certainly hemorrhaging into the scalp. But in terms of actually brain injury, there were no contusions of the brain. And then I did special stains to rule out the axonal injury, and that was negative as well. The? swelling of the brain is more reflective of blood loss than it would be of a traumatic injury, in my opinion. MS. WHITE: May I approach, Your Honor? THE COURT: Yes. MS. WHITE: May I have continued permission to approach and show pictures? JAN CHERIE WILLIAMS, CSR 972?739?3912 a THE COURT: Yes. Q. (By Ms. White) I will show you what's been marked State's Exhibit Number 21 and 22. Do you recognize State's Exhibit Number And are these pictures that were taken during the autopsy of Titches Lindley? A. They are. MS. WHITE: State would offer State's Exhibit Number 21 and 22. MR. JOHNSON: No objection. THE COURT: 21 and 22 are admitted. Q. (By Ms. White) What is State's Exhibit Number 21? A. 21 is a photograph that I took during the autopsy after I had removed the heart and lungs. And the chest cavity is covered by a lining; it's called the pleura. But when I do child abuse cases or any case in which I really need to look at the ribs even more closely, you can strip that lining away which is what I did in this case. And ih so doing, I was able to identity hemorrhaging and fractures in the back portion of the rib cage on both the right and left side, more so on the right than on the left. Q. And is this the explanation you gave the Judge of the internal A. That's one of the internal findings. JAN CHERIE WILLIAMS, CSR 972*739-3912 State's Exhibit-Number 22? A. 22 is a photograph that I took prior to removal of the stomach, which actually is visible in the upper portion of this photograph, but what is visible in here is the hemorrhaging that is located in the mesentery, which is part of the attachment to the intestines as well as the cecum, which is the first portion of the colon or the large intestine. And there is bruising in that area. Q. Doctor, did you, after completing the autopsy of Titches Lindley, make a determination as to the cause of death? A. I did. Q. And what was that, Doctor? A. It was my opinion that Titches Lindley died as a result of multiple blunt~force injuries. Q. And did you make a conclusion as to the manner of death? A. Yes. Q. And what was that? A. Manner of death is homicide. Q. Now, he had an extensive amount of bruising which caused a lot of blood loss? A. Correct. Q. Tell me, Doctor, that is that a process that takes a few hours, or is it bruising that happens and you die immediately? JAN CHERIE WILLIAMS, CSR 972?739-3912 . - I The actual bruising itself is not an immediately lethal event. I mean, you can have injuries in which you lose a large amount of blood rapidly and you can die very rapidly,- for example, a gunshot wound through the heart. In a case like this, there is a laceration of the liver. And those can be fairly rapidly lethal. But the amount of blood loss there are about a hundred CCs of blood that I recovered. And that is only roughly_ten percent of his blood volume.. To bleed to death, you need to lose rapidly about 50 percent. 80 that is not 50 percent. But then we start identifying all the.hemorrhaging within the musculature, that is a substantial blood volume That kind loss. But you won't get that and die immediately. of blood loss is going to be over some period of time. I can?t tell you necessarily how long, but it's not where you receive the injury and you are immediately dead. I mean, it's the progressive as the blood is lost because in this case there are multiple impacts. So multiple times there are injuries occurring in which you have trauma, more blood vessels are torn, more blood loss. It's a progressive event so that at some point there was enough blood that was lost that it was an irrecoverable time period. But it's not an immediate time period. Q. What would Titches have experienced or a person losing that amount of blood, let's say, over a three, JAN CHERIE WILLIAMS, CSR 972*739-3912 four hour period of time. What kind of would they exhibit? A. The most common thing is that you lose your blood pressure. It starts to drop because you no longer have as much to be able to carry oxygen. So you would have a progress, a loss of consciousness and become more lethargic, eventually to a point they are unconscious. Q. Common for a verbal person to say, I'm tired. I don't feel good. A. Well, yeah. That's a common thing adults have when they are anemic, when their blood counts are low, whatever the cause is, is that they do get tired. In his case, that certainly could occur. _But with the degree of injuries, I suspect that, you know, certainly he could say he was tired. I mean at some point, he got to a point where he was no longer conversing, because it was deteriorating to lethargic, to unconscious, to eventually dead. Q. . And, Doctor, the injuries that you have explained to the Judge and that you observed there on the autopsy, were they consistent with a person being severely whipped with a belt? A. Certainly some of them are, yes. Q. Were some of the injuries and bruising consistent with a person being thrown against a wall? A. Yes. Q. Consistent with their head being pushed or slammed JAN CHERIE WILLIAMS, CSR 972-739-3912 into the carpet? A. - Yes. Q. Consistent with being struck not just with a belt on the bottom, but struck with some object on their total body? A. Yes. Q. Being arms, trunk, legs. That's consistent? A. It's not only consistent, that's what happened. There are multiple impact sites so that's what has to happen. Q. Would the injuries also be consistent with someone kicking the child? A. Yes. Q. multiple times? A. Yes. Q. Doctor, if a child in this particular case was injured, let's say, at approximately 9 o'clock in the morning. And let's say it caused extensive bleeding. At some point if that child would have been taken to the hospital or sought medical care, could the child have survived? A. With something where the cause of death is a blood loss, in other words you don?t have an injury, like I said, a gunshot wound of the heart ??-which those are not impossible but close to impossible. You got to do something immediately. in this case it's a And there is not a lethal head injury, progressive event. So at some point, yes, he could have been resuscitated. I can't give you a time frame of when that would CHERIE WILLIAMS, CSR 972*739-3912 surpassed because I don?t know the magnitude at which point the magnitude was greater than the assault. But at some point you lose the ability to be resuscitated. But at some point he certainly was able to be resuscitated; IV fluids, blood transfusions, whatever. Q. Doctor, is there any injury that we haven't asked you about that you haven't explained to this Judge today? A. Well, I think I have covered the significant injuries. I mean, there are certainly some more scrapes and bruises I may not have individually characterized. But there is cumulatively there are a large number. Q. And you did indicate, Doctor, there were some maybe scrapes or lacerations that appeared to be older than some of the more recent injuries? A. Well, there are scars which by definition are older, and certainly to scar usually takes around six weeks or greater. So from that point on, you could say six weeks to, say, a year. But certainly there are some that show old injury. Q. But the mass amount of injuries that caused the death of Titches was basically an acute injury? A. Yes. MS. WHITE: Pass the witness. JAN CHERIE WILLIAMS, CSR 972*739-3912 CROSS-EXAMINATION BY MR. JOHNSON: Q. Doctor, just so we are clear, by the term acute injury, this child's death was caused by the events that occurred on the day of his death, correct? A. Yes. I Q. And they occurred by the infliction of severe, blunt trauma force to this-child by, your understanding, some individual? I wouldn't even have A. Yes. Well, there is no doubt. to have any other information. That would have to occur. It's not like a car wreck where you have identifiers like that, that multiple surfaces would be an assault. Q. But the point I am making is, this death was a result of acute injuries suffered as a result of one human being's intentional infliction of this trauma to this child? A. Well, certainly it's an acute injury. I could not look at the body and tell you if there is one or more people assaulting. If that's the facts, then the answer would be yes to that. But just from doing an autopsy with multiple injuries, you can't identify how many people are doing it. But theoretically, that would be a true answer. Q. All right. As far as the legal cause of death or manner of death, you labeled it as homicidal death? A. Yes, correct. JAN CHERIE WILLIAMS, CSR 972-739-3912 And homicidal death reflects that injuries were caused by either one or more individuals and those are the individuals that inflicted the wounds upon that person, correct? A. Correct. Q. You understand do you know anything about this particular case itself? A. Only in peripheral sense. Q. Okay. You are familiar with that the individual who actually caused these traumas has pled guilty and serving life in prison? I knew that A. I didn't recall what the sentence was. the other individual had pled guilty. Q. Okay. Doctor, I believe that's all the questions I have for you, sir. Thank you. MS. WHITE: Thank you, Doctor. You can step down. Judge, permission to publish? THE COURT: Yes. Okay is this witness free to go? MS. WHITE: He is free to go. MR. JOHNSON: Yes. THE COURT: Thank you so much. MS. WHITE: State calls Detective Warren Breedlove. JAN CHERIE WILLIAMS, CSR 972-739-3912 (Witness sworn by the Court.) THE COURT: Please be seated. DETECTIVE WARREN BREEDLOVE, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. WHITE: Q. Detective, can you please state your name and spell- your last name for the court reporter? A. Warren Breedlove, Q. How are you employed? A. I am a detective with the Dallas Police Department. Q. How long have you been a detective with Dallas Police Department? A. Fifteen years. Q. What division do you currently work? A. Child abuse squad. Q. On October 13th, 2006, were you also in the child abuse squad? A. Yes, ma'am. Q. And regarding the case of Titches Lindley, were you assigned as the lead investigator in that case? A. Yes, ma'am. Q. And when you received the call, did you ask other police officers to aid you in the investigation of this case? A. Yes. These types of investigations we usually work JAN CHERIE WILLIAMS, CSR 972-739-3912 team. Q. But yes, I did. At some point did you learn the mother of Titches Lindley was Arlena Lindley? A. Q. Yes. And do you know in the process of the investigation when you learned that information? A. I believed during the initial phone call we learned the mother's name but hadn't met her at that time. Q. At some point on October 13th, did you haye an opportunity to meet her? A. Q. called, was this around 1:30, A. Q. Yes, I did. Now the offense or when the police were originally 2 o'clock in the afternoon? I believe so, yes. Do you know about what time you got a chance to actually meet and speak with.Arlena Lindley? A. afternoon A. Q. defendant A. It was after that point. I want to say later that like 3:00 or 4:00. Do you remember where you met with her? Yes, at police headquarters. Was she brought to police headquarters? My understanding, yes. Originally, were you actually speaking with the Alonzo Turner? Yes, I was. JAN CHERIE WILLIAMS, CSR 972?739u3912 that time was Arlena Lindley in the police station? A. From my understanding, yes. Q. At some point were you contacted by a detective to actually go and speak with Arlena Lindley? A. The way it happened is I walked out to Detective Kemp was there, and I had been speaking with the defendant Alonzo Turner. I was going to go out and ask Detective Kemp to speak with him at that point. It was informed to me by Detective Kemp that.Arlena Lindley wanted to talk. So I went and spoke with her when he went in and talked with the defendant Alonzo Turner. Q. So she initiated the conversation? A. From my understanding from Detective Kemp, yes. Q. Now were you aware that she had previously spoken with some officers at the hospital? A. Yes. Q. So this was actually a second conversation the police were having with her? A. Yes. Q. At this time is she under arrest for anything or are you?all just investigating? A. No, she is not under arrest. Q. You are interviewing.Alonzo Turner involving this offense? JAN CHERIE WILLIAMS, CSR 972?739H39l2 Correct. At the time that Arlena Lindley wants to speak with you, are you aware of what role, if any, she played in the offense? A. Before I went and spoke with her, I did find a little bit of information out, yes.. Q. But not enough to place her under arrest or charge her with any offense; is that correct? A. Q. No. MS. WHITE: May I approach, Your Honor? THE COURT: Yes. (By Ms. White) I am showing you what?s been marked as State's Exhibit Number 23. Do you recognize this, Detective?' A. Yes. This is an affidavit I obtained from Ms. Lindley. Q. And does it also include your name on the bottom? A. Yes. Q. - To indicate you were the one taking that affidavit? A. Yes, ma'am. Q. Was she willing to speak with you freely and voluntarily? A. Yes. Q. And she wasn't under arrest at that time? A. No. JAN CHERIE WILLIAMS, CSR 972?739?3912 After you spoke with her did you have her then write out an affidavit? A. Yes. Q. And this is the affidavit she provided to you; is that correct? A. Yes, ma'am. Q. Now did she indicate that originally when she spoke with the first officer that she hadn't told them of everything about where she was and what she saw? A. That was the purpose of the second conversation, yes. Q. So the purpose of the second conversation, she called y'all to say, hey, I haven?t told everything; I need to tell more? A. Correct. Q. After speaking with her do you know how long you spoke with her? A. It was about 30 minutes, but I can't tell you the exact amount of time. Q. Did you then did you give her a piece of paper and let her write? I A. I provided an affidavit, and she wrote the affidavit for me. Q. Did you tell her what to put in there or allow her to write it on her own? A. Those are her own words, yes. JAN CHERIE WILLIAMS, CSR 972?739?3912 will offer State?s Exhibit Number 23. MR. JOHNSON: Judge, I would like to take the witness on voir dire. THE COURT: You may. VOIR DIRE EXAMINATION BY MR. JOHNSON: Q. Officer Breedlove, when Ms. Lindley was initially spoken to, she gave another statement; is that correct? A. Yes. Q. And that statement, under no real logical theory, would have subjected her to face any type of criminal accusation. Would that be a fair statement? A. Can you ask it another way, please? Q. Her first statement basically, in effect, said Alonzo Turner is the one who did this, and that was consistent with the information you already had; is that correct? A. Yes. She put in there that Alonzo Turner had done an injury to the child, yes. Q. And all the information you had up through that time that you met with her at the police station that afternoon, that was consistent with what she had given you; is that correct? A. As far as information the second time I met with her, the information she gave me was consistent with what? JAN CHERIE WILLIAMS, CSR 972-739-3912 Prior to you speaking to Ms. Lindley the second time or for you talking to her the first time for yourself, around 3:00 o'clock that afternoon A. Okay. Q. you had spoken to Alonzo Turner? A. Yes. Q. You had spoken to someone else there at the scene, had you not? A. Correct. Q. You knew at that point in time that Alonzo Turner had, in fact, inflicted these injuries? A. I believe that he had, yes. Q. Okay. And at this point in time, you had also had information that Arlena Lindley was present during some of the infliction of the injuries? A. Yes. Q. Okay. And you said that you have been in child abuse for how long? A. Thirteen years now in child abuse. Q. And you have certainly in other situations prior to October 13th, 2006, you have charged other individuals with being guilty of the offense by their acts of omission, have you not? A. Yes, I have. Q. So you are certainly familiar with the fact that at JAN CHERIE WILLIAMS, CSR 972-739-3912 the point in time that you went in to speak with Ms. Lindley that if she had been present or failed to take certain actions in regards to the injuries inflicted by Alonzo Turner, that she might herself be subjected to a criminal charge, correct? A. I guess that you always think that that's a possibility, but until you obtain more information, you really can't pass that judgment. And in this case I couldn't at that time. Q. But you had information that might have lead you to believe that that was a possibility, correct? At that time before I spoke with her, no, because all she said was she saw him hit him with a belt. That's all I knew prior to talking with her. Q. But you had also talked to the other witnesses at the scene? A. I had not, no. Q. You had information, though, that that person had been interviewed; had you not? A. No. The only person I knew had been interviewed at that time was the Ms. Lindley, and of course the defendant. And I spoke with an apartment manager, assistant manager. What did the assistant manager tell you? That she saw the defendant kicking the child. Saw the defendant kick the child? Correct. JAN CHERIE WILLIAMS, CSR 972?739?3912 Alonzo Turner, or are you speaking about Ms. Lindley? I'm sorry. Alonzo Turner. Did you speak to Latricia? NO. ?9?pr Had any other officer interviewed Latricia at that point in time? A. Not to my knowledge. Q. You went in and spoke, you said, with Ms. Lindley at the police station. Who had brought her there? A. I?m sorry, I couldn't tell you. I wasn't present when she was brought in. Q. Where was she at when you started to speak with her? A. In an interview room in the child exploitation office. When you went in, did you Mirandise her? A No. Q. Did you ever Mirandise her? A No. Q. From your experience, you said you had been doing this for 13 years. You charged individuals with offenses through acts of omission. After 13 years of being involved in these types of cases where you had charged people due to their acts of omission, once Ms. Lindley spoke to you about being present, you certainly were familiar and aware of the fact that she may have been subjecting herself to possible criminal JAN CHERIE WILLIAMS, CSR 972-739-3912 .actions; were you not? A. Until I complete my investigation on something like that, I really can't say whether it's subject to criminal or not. Q. You understand the_law as far as charging someone with an act of omission? A. Sure. Yes, I do. Q. And once someone.tells you I was present while something was being done to my child, you are aware, factually and legally, that that person may be subjecting themselves to a possible criminal sanction, are you not? A. I guess that's possible, yes. Q. And you never did speak at any time and say, well, hold on a second. Due to these statements you are making I need to Mirandise you and explain to you your rights? A. No, I did not. Q. Okay. And yet you used her statement as the basis for the subsequent filing and criminal actions against this particular defendant; is that correct? A. Not her statement alone, no. Q. What other information did you possess? A. witnesses that were there also with her that can testify to what they saw and what happened. Of course, some of the doctor's statements about the child's injuries and other things like that. JAN CHERIE WILLIAMS, CSR 972?739?3912 object to the admission of this document. Q. When was Ms. Lindley arrested? A. I believe it was on the 19th of October. Q. And you certainly there was no impediment to you having stop and Mirandised Ms. Lindley once she started orally stating to you something that would cause you to think she may have failed to act in regard the death of her son? A. I'm sorry. Can you ask that again? I didn?t quite understand. Q. There was nothing that prohibited you from stopping during your interview with Ms. Lindley and saying, ma'am, I think based on what you are telling me, out of abundance of caution, I need to explain to you your legal rights? A. You are asking if anything stopped me from doing that? Q. Yes. A. NO. Q. You made the decision to not do so after she orally told you abOut this, and then you never stopped her when she was giving you the oral version and you Mirandised her prior to you asking her to give you the written version? A. No, I did not. MR. JOHNSON: Judge, that's all I have. I will I believe it's a violation of the defendant's Miranda rights. THE COURT: Sustained. JAN CHERIE WILLIAMS, CSR 972?739v3912 (CONTINUED) BY MS. WHITE: Q. Detective, after speaking with Ms. Arlena Lindley, was she released and able to go home? A. Yes. Q. She wasn't arrested until five days later, October 18, before she was arrested, before you?all decided to charge her. Is that correct? A. Correct. Q. Did you need information not only from other witnesses ~u there are witnesses who were present and saw her _present when at the point beating happen; is that correct? A. Correct. Q. Did you need that information along with information from the medical examiner in order to determine the cause of death and whether or not she was culpable of an offense? A. I would have to have the information from the medical examiner along with any other any witnesses also. Q. On the day you talked to her, October 13th, which is the day the offense occurred, had you spoken with the medical examiner at that time when you spoke with her? A. No. Q. Had you spoken with or had you been able to identify and locate the witness who was present when she was present when the beatings occurred? JAN CHERIE WILLIAMS. CSR 972?739?3912 that time you didn?t have the full breadth of information? A. Correct. Q. And at the time on October 13th, 2006, you had not determined when you talked with her that she would actually be arrested and charged for failing to protect her child? A. Correct, yes. Q. At some point in time you did make that decision; is that correct? A. Yes. Q. Why is it you didn't charge the other witness? A. One, they are not legally obligated to take action as far has medical treatment for the child She had no care, custody Q. So you couldn?t charge her. and control for this child, correct? A. Correct. Q. But his mother did; is that correct? A. _Correct. MS. WHITE: Your Honor, at this time, State will offer State's Exhibit Number 23. This witness was not under arrest and did not require Miranda warnings and was allowed to leave. THE COURT: Detective, did I understand you to say that she initiated the second conversation? JAN CHERIE WILLIAMS, CSR 972?739~3912 THE WITNESS: Yes. THE COURT: And that they told you she was at the station and wanted to talk to you? Yeah. THE WITNESS: That somebody had brought her in from the hospital. I was coming out of the. interrogation room with defendant the codefendant in this case. And Detective Kemp stated that she had wanted to speak some more about what had happened, because we got what she saw and she said, well, I actually saw more, what he did to the baby. So I went in there and spoke with her then. THE COURT: Your objection is overruled, and that is State's Exhibit Number 23 is admitted. MS. WHITE: Permission to publish? THE COURT: Yes. Q. (By Ms. White) Detective Breedlove, after Arlena Lindley was released and allowed to go home, did you and Detective Kemp continue in your investigation? A. Yes. Q. Did Detective Abel Lopez and Kim Mayfield also participate in the investigation? A. They did. Q. Okay. Did you go out to the address where the offense occurred and try to speak with people? A. Yes, we did. Q. Did you also go to the address where the defendant, JAN CHERIE WILLIAMS, CSR 972?739?3912 Arlena Lindley, and defendant Alonzo Turner previously lived on Bigalow? A. Yes. Q. Were your able to gather information regarding that? A. Not really, no; not enough. Q. Any information regarding their relationship or problems? A. Nothing that could be substantiated, no. Q. At some point, Detective, did Ms. Lindley explain to you that the defendant, Alonzo Turner, had pushed her or hit her on that day? A. Yes, she did. Q. And subsequently were charges filed against him for family violence assault? I.don't remember. A. I don't remember. I'm sorry. MS. WHITE: Pass the witness. CROSSHEXAMINATION - BY MR. JOHNSON: Q. Detective, you spoke about doing this for 13 years. You've seen all kinds of situations involving injuries to children, have you not? A. Yes, sir. Q. Not uncommon when you have a violent, physically abusive individual that he may brutalize not only his children but his spouse or girlfriend? JAN CHERIE WILLIAMS, CSR 972-739-3912 There can be patterns there, yes. Q. In fact, when you have someone with a history of brutalizing children, it's not uncommon at all that they also brutalize other people they are associated with? A. I tend to agree with your statement, yes. And you spoke with Ms. Arlena Lindley, and she talked to you about how not only on this particular day but on other days that Alonzo Turner had caused had caused injury not only to herself but to her child; is that true? A. To her child. She didn't talk injuries to her, just the push he had shoved her that day but nothing prior to that. But to the child, yes. Q. You are saying she never told you about his history of violence and the threats towards her? A. There may have been threats, but I don't remember any physical things she told me about. Q. You don't call a specifically talking to her about on the day that this happened, what it was and why it was that -- what were the factors that influenced her in not responding or calling the police when she saw what Alonzo was doing to her child?' A. She did say why she didn't calling the police, yes. Q. And did she talk to you about the fact she was trying to leave Alonzo, planning to get away from.him due to his temper and the things he was doing? JAN CHERIE WILLIAMS, CSR 972?739-3912 Yes, she did. Q. And she told you that she had, in fact, tried to take her son away from.Alonzo that morning prior to these injuries being concluded, didn?t she? A. I believe that's when he pushed her down. Q. Okay. So she did what she could to remove Titches from.Alonzo Turner to try to get him from this person that she described as being a violent, threatening and abusive individual, didn't she? A. No, she didn't. Q. Well, now let's back up. She told you that when she saw Alonzo Turner being abusive towards Titches that she tried to get Titches and leave the house, didn't she? A. She did say that, yes. Q. And what did she tell you that Alonzo's reaction to that was? A. - Um, used some type of profanity. I don't remember the words. Pushed her down and told her to pack her stuff. I'm paraphrasing. I don't know the exact words, but it's something to that nature. Q. Right. So it wasn't a situation where she just said, well, he was beating the child and I was just said, well, here, go ahead and take my son and inflict injury upon him. She tried to extract him from that situation, didn't she? A. At that point, yes. JAN CHERIE WILLIAMS, CSR 972?739?3912 And, sir, a ain, ou've done this man man times. And you have seen women who have been threatened with not only verbal abuse but physical abuse, and you know that has an emotional.hold upon those individuals, don't you? A. Q. From talking to them, that's what I believe, yes. Well, you have also talked to other experts in the area and you know what is caused by a woman having a history of being verbally and physically abused, don't you? A. Q. I have an understanding of it. And the same thing you have an understanding of is this same situation that Arlena Lindley explained to you that day, didn't shedifferent way? Your understanding sir, you would agree you're, for all intents and purposes, pretty much expert in the area that you investigate, are you not? A. Q. I feel like I am. Okay. And you understand what battered women is? A. I don't necessarily deal with battered women in my job, but I do understand it; yes. Q. And it certainly touches upon your job in the investigations that you conduct, does it not? A. Q. It can, yes. And you have been in training, you have been to JAN CHERIE WILLIAMS, CSR 972~739-3912 seminars when they try to explain why someone such as an Arlena Lindley may not do things or may do certain things that might seem too casual or a little bit out of the ordinary? A. I does happen, yes. Q. And the point I am asking you, is if you obviously Arlena Lindley hadn't been to an attorney that day, had she, before she talked to you? A. Not to my understanding. Q. She didn't have anybody telling her to say this say Or_say that, it will make you look better somewhere down the road. She didn't have anybody doing that, did she? A. Not to my knowledge. Q. But if you took the story she described for you that day, it would almost match a check list of the types of that you would expect in a person like Arlena Lindley who had failed to take certain actions that day, wouldn't you? A. I don't necessarily agree with that, no. Q. Well, maybe not everything. But certainly she described for you the abusive relationship, the history of threats, the trying to break away from the abuser. I mean, she described all those things to you, didn't she? A. She did describe some of those things, yes. Q. Well, everything I have just said she described it and, in fact, put it in her report, in the statement that you are telling us that she voluntarily gave to you. JAN CHERIE WILLIAMS, CSR 972-739-3912 Yes, she did witness violence that occurred. Yes. I was correct a moment ago when I asked the other witness that Alonzo Turner is serving life in prison for the injuries he inflicted upon the this child? A. Q. Alonzo Turner for the infliction of the injuries he caused upon Correct. You don't recall whether or not you also charged Arlena Lindley the same daynot. Why wouldn't you recall that? Just didn't look through my file long enough to remember whether I did or not, to be honest with you. Q. A. remember. you. Would that you be important to you? I guess I would want to know it, but I don't sir. Thank MR. JOHNSON: That's all I have, THE COURT: State. REDIRECT EXAMINATION BY MS. WHITE: Q. Did you learn through the course of your investigation previously to charging.Arlena Lindley with omission that, in fact, that day she went out shopping and going to a couple of stores, buying hair products and to the Dollar General? JAN CHERIE WILLIAMS, CSR 972?739~3912 When the Defense attorney was asking.me did she do anything, I responded no. Well, at the point when she tried to physically remove the child and he wouldn't let her, she left and she had the opportunity to go anywhere to call the police or call somebody to come get that kid, and she didn't do it. Q. A. There are pay phones located all around this area? Correct. From her own statement, she used the pay phone to call back home several times. Q. Used the pay phone to call back home but never to 911? No. Q. 'Never the police? A. No. Q. Or never any type of emergency personal, to your_ knowledge? A. Not to my knowledge. Q. And, in fact, she went spent to spend some time at Minyard?s and went grocery shopping, spent some time even away from.her child? A. Q. she intervened and called the police There was three stores she went to, I believe. Officer, as a person -- as.a mother of the child, had at any period of time through that time, she possibly could have saved this child's life. A. You heard the doctor testify to that? From the doctor's statement, yes. JAN CHERIE WILLIAMS, CSR 972-739-3912 And after receiving that information and knowing that, you?all eventually charged her; is that correct? A. Q. Correct. Now Alonzo Turner was, in fact, charged with pushing the complainant to the ground, and you testified to that, that she said he pushed her to the ground? A. Q. that day? A. Q. A. Q. Correct, yes. An assault family violence apparently occurred on Correct. But that was when she was there? Right. She had left and had an opportunity, as you said earlier, call anybody she wanted to; and yet she close to call home and call him? A. Right. MS. WHITE: Pass the witness. RECROSS-EXAMINATION BY MR. JOHNSON: Q. Officer, in fact, you would agree with me, would you not, that when Arlena Lindley was physically abused by Alonzo Turner that morning and when she tried to get her son away from Alonzo Turner to leave the home, it was refused. .Alonzo Turner physically would not allow her to take her son out of the house that morning, would he? CHERIE WILLIAMS, CSR 972*739-3912 From her statement, no. You have absolutely no reason whatsoever to believe that she had any inkling that the death of her son was going to result from her leaving the house that morning, did you? A. That's something you would have to ask her. I can't testify to what she believes. Q. A. Q. about it, A. Q. But you talked to her about it? Correct. And when you spoke to her about it, she was upset was she not, sir? She was upset, yes. Her affect was what you would have expected for a person who had just lost her son at the hand of an individual who had been abusive to not only herself but to her child? A. questions about her son. herself. Q. She was upset, but she didn't ask really too many It was more about the codefendant and So I really can't say yes or no to that. And you certainly wouldn't want to couch your answer to that question in such a way as to try to impart any other meaning to it, would you? NO. Many children are abused are they not? Yes. Many spouses and girlfriends are abused? Yes. JAN CHERIE WILLIAMS, CSR 972-739-3912 _products. Q. The fact that Arlena Lindley had been abused for months, the fact her son had been abused at the hands of Alonzo Turner for months, she talked to you how.she was planning and, in fact, meeting and talking to people-to try to get away from him when he went to work that day, didn?t she? A. She mentioned that, yes. Q. So this was an ongoing process. She didn't ever tell you she had any understanding or belief that on the day that she left that morning, that Alonzo Turner was going to kill Titches, did she?- A. No, she never said that. Q. So you talk about the fact I think you and the _prosecutor say, well, she went shopping and picked up some hair Well, she had been kicked out of the house, been run out of the house by the person who eventually killed her son, didn't she? A. Yes, you can say that. Q. And so not knowing or not having a belief that he was going to sit there and beat her son to death and you spoke to Latricia, the other person she was with. They were just out killing some time while.Arlena was planning on waiting to get away from.Alonzo Turner. Is that not true?_ A. They were out killing time, yes. Q. But having no understanding of the horrors that were taking place to the extent that they were back at that JAN CHERIE WILLIAMS, CSR 972*739-3912 location? A. Well, by your own statement she was aware of the horrors because of the assault on her and the assault on her child. So she did know the horror is occurring. Q. But nothing that would have been eventually life threatening? A. I don't know whether she understand that or not. You would have to ask her. Q. that she did call from a pay phone. Well, that is what she is charged with. And you said You say she didn't call the police from the pay phone but she called back to the house. Is that your testimony? A. Q. Correct. And the purpose of calling back to house was to check on her son, was it not? From what she said, yes. I That's appropriate for the situation, would you not I disagree with you. Well, if you're not expecting that the person that's been abusing you_for months, if it's never gotten to the point where he has inflicted these types of injuries that would have caused this type of hemorrhaging that would lead to death, and you're out and you're just killing time because you have been beaten and run out of your own home, and you call back to see JAN CHERIE WILLIAMS, CSR 972?739?3912 how your son is doing, not expecting him to be laying there in the early stages of his death. How is that not appropriate for being in the situation? A. Well, I think, sir, the appropriate action is if you are just thrown out of your house and you tried to separate your son because he was getting beat so bad from the codefendant and you couldn't do so, the appropriate action would not be call back home and see how he is doing, but call 911 and have the police come out and get the child and protect your child. Q. You believe that to be the appropriate reaction as a detective sitting on the witness stand and not as the abused girlfriend of the person who has been abusing you over the course of several months? A. I believe that to be the apprOpriate action as a parent. Q. And you understand that Ms. Lindley has recognized and understands that she has failed to do everything that she could have and she has come here before the Judge and pled guilty to that. A. She has to testify to what she understands and doesn't. I can't do that.. I Q. Do you understand that Arlena Lindley has cooperated- with the State of Texas in their efforts to prosecute Alonzo Turner? JAN CHERIE WILLIAMS, CSR From my understanding. Q. You know that she has met with the prosecutor and been forthright, talked and prepared, willing and offering to testify at the trial of Alonzo Turner? A. Once again, you will need to talk to the DA's office. I wasn't privy to those conversations. I am just asking you if you are aware of those things, sir. A. I am aware that they have had conversations, but I don't know of what extent. Q. The ?u your understanding then, sir, is after Arlena Lindley had been beaten and forced from her home, she had gone to a couple of stores. When she came home she saw that Titches was lethargic and not responding appropriately. You are aware of that? A. Yes. Q. After she got home and she was able to physically observe this, could you tell the Judge what she did? A. 911 was called, but I don't remember who it was that called 911, but an ambulance had been summoned to the Scene. Q. So Arlena Lindley did, in fact, once she had an opportunity to physically observe that there was injuries that had been inflicted Alonzo Turner, the ambulances were called? A. Right. They were called. Q. So that was certainly an attempt by her to seek JAN CHERIE WILLIAMS, CSR 972-739-3912 attention to prevent her son from passing? A. I don't remember if it was her or actually the codefendant that called 911. But somebody called 911. Q. But at her demanding? A. I don't remember. Q. You don't recall from your oral discussions with her? A. No. Q. Well, certainly let me ask you this. Do you have any information or any inclination to believe that Alonzo Turner ever voluntarily called 911 to report the injuries that he had inflicted upon this child? A. I don?t remember the request of her. Well, you know for a fact they were never called until she came home and saw what he had done? A. Correct. MR. JOHNSON: That's all I have, sir. Thank you. MS. WHITE: No further questions from the State, Judge. THE COURT: Could I ask one question? MR. JOHNSON: Ask all you want. I have no objection. THE COURT: What time of day did someone finally call 911. JAN CHERIE WILLIAMS, CSR 972-739-3912 THE WITNESS: It was in the afternoon, and I don't remember the exact time. I've got it in my notes somewhere, but it was later on in the afternoon. THE COURT: All right. Thank you. MR. Judge, I have a follow~up, if I may. FURTHER RECROSS-EXAMINATION BY MR. JOHNSON: Q. Sir, the information you have is what happened when Ms. Lindley came home and saw what happened to her son, at that point in time 911 was called; is that correct? A. Correct. MR. JOHNSON: That's all I have. FURTHER REDIRECT EXAMINATION BY MS. WHITE: Q. Detective, is it your understanding that the offenses started against Titches in the morning between 8 and 9 o'clock? A. Sometime around that time. Q. And he was extensively beaten in that period of time; is that correct? A. Yes. Q. And then, in fact, Ms. Lindley and Latricia Love both left the residence? A. Yes. Q. Made phone calls, went to other people's house JAN CHERIE WILLIAMS, CSR 972-739-3912 10visiting? A. Yes. Q. Came back home in the presence of.the defendant? .A. Yes. I Q. And then left again came back in the presence of the defendant, saw Titches and he was sick at that point, and having lethargy and the things Dr. Barnard talked about? A. Ask the question again. I Q. When they came back the second time after she had left and came back in the presence of the defendant that Titches was weak and not really able to stand up; told his mom he was tired? I A. From their statements, yes. Q. And then knowing that and seeing him, Ms. Lindley and Latricia Love left_again and that's when they went grocery. shopping and hair shopping and dollar store shop; is that right? A. From.my understanding. Q. And then it wasn?t until they came back home about 1:30, 1:45 that the paramedics were called? I can?t recall the time, but I guess, yeah. Does that sounds about right -- Yes. F) $3 from the time line you had. So it wasn't she ran out of the house one morning and JAN CHERIE WILLIAMS, CSR 972-739-3912 then came back and called the paramedics. She was back and forth in the house, communicating with the defendant? A. Yes, among other people. Q. Among other people. And she, in fact, from her statement saw him not just whip that kid with a belt, but throw him up against a wall, slam his head on the ground, rub his face in the concrete violent acts? A. Shoved his face in the toilet. Q. Shoved his face in the toilet. Very violent acts that she viewed? A. Yes. This was just a, I'm spanking the kid, and she left. A. Correct. (By MS. WHITE) MS. WHITE: Nothing further from this witness, Judge. FURTHER BY MR. JOHNSON: Q. Sir, she never told you never indicated to you at all that even though what she was seeing was violence inflicted by Alonzo Turner, she never said that she ever felt that until she came home and caused 911 to be called that she ever felt her son?s life was in danger, did she? A. She never said that. MR. JOHNSON: That's all I have. JAN CHERIE WILLIAMS, CSR 972-739H3912 MS. WHITE: Nothing further from the State of this witness, Judge. THE COURT: May this witness be excused? MS. WHITE: No objection from the State. THE COURT: Thank you, sir. You are free to go. MS. WHITE: Call Detective Lopez. THE COURT: Raise your right hand. (Witness sworn by the Court.) DETECTIVE ABEL LOPEZ, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. WHITE: Q. Officer, can you state your name and spell your last name for the court reporter? A. Abel Lopez, last name And how are you employed? A I'm a Dallas Police detective. Q. And what division do you currently work? A I work for the child abuse unit. Q. Were you assigned to also help investigate the Titches Lindley death? A. Yes. Q. Was Detective Breedlove the lead investigator and you were one of the assistant investigators? A. Yes. JAN CHERIE WILLIAMS, CSR 972?739?3912 you work also with a Kim Mayfield in doing your investigation? A. Yes. Q. In every part of the further investigation after October 13th, you and Detective Mayfield were together with; is that correct? A. Q. That's correct. On October 13th, did you receive a call and did you proceed to the hospital? A. Q. Yes. Were you the only officer, or at least detective, that was sent to the hospital? A. Q. Lindley? A. Q. Yes. While at the hospital, did you speak with Arlena I did. Now at that time was she under arrest or anything of that nature? A. Q. A. No. Why did you speak with her? It's part of the investigation, trying to determine what happened. Q. You were told once you got to the hospital is it Children's Medical Center? A. Correct. JAN CHERIE WILLIAMS, CSR You were told when you got there that that's the mother of the child? A. Somebody pointed her out to me, yes. Q. Did you then speak with her? A. I did. Q. When you arrived, was the child already deceased or had the doctors pronounced him dead? A. I believe, yes. Q. And do you remember the demeanor of the defendant? A. I believe she was crying and upset. Q. Now at some point did you talk to her in the hospital? - A. I did. Q. And did you ask her questions about what had happened just to find out what was going on? A. Yes. Q. And did she speak with you? A. She did. Q. Willingly? A. Yes. Q. Didn't force her? A. No. Q. Did you take her to a small room in the hospital? A. I believe we were in a room by ourself, yes. Q. After speaking with her, did she agree to provide you JAN CHERIE WILLIAMS, CSR 972-739m3912 with an affidavit? A. Yes. Q. Now your meeting with her at the hospital actually happened before she met with Detective Breedlove? A. That's correct. Q. And at the hospital when she provided you with an affidavit, have you since learned that what she told you in the affidavit wasn't, in fact, the entire story? A. I believe that's correct. Q. You let her write this. You provided her paper. She wrote this on her own accord; is that correct? A. Yes. Q. Is it in this affidavit that you find out that someone else was with her, with Arlena Lindley, on the day that Titches was beaten? A. Correct. Q. But at that point, had y'all been able to identify that person or speak with that person? A. I'm not sure if I think it was Latricia, and I know I took an affidavit from Latricia also. And I don't recall whether that was at the hospital or somewhere else. Q. Okay. Now, in talking about Latricia, didn't you and Detective Mayfield go out in the field to talk to witnesses? A. Yes, we did. Q. And it is a potential that you took Latricia Love's JAN CHERIE WILLIAMS, CSR 972-739?3912 .Exhibit Number 24, 25 and 26. affidavit when you were out in the filed on another day? A. Probably possibly, yes. Q. Now did you and Detective Mayfield also go for to the stores where Latricia Love and Arlena Lindley visited that day after the injuries were caused to Titches? A. Yes. Q. Did you check and make sure they were there and things of that nature? A. IYes. Q. Were there receipts also-found indicating they, in fact, did go to a Minyard's and a hair place and things of that nature? A. Yes. Q. Officer, I'm showing you what?s been marked State?s Can you tell us what State's Exhibit Number 24 is? A. That's the affidavit that defendant Arlena wrote. Q. And that's the affidavit she actually wrote at the hospital, is that correct? A. Correct. IQ. In that affidavit she doesn't talk about the violent beating and slamming him against the wall and things of that nature that she later on provides in her second affidavit to Detective Breedlove? A. That?s correct. JAN CHERIE WILLIAMS, CSR 972?739-3912 I'm showing you what's_been marked State's Exhibit Number 25 and 26. Do you recognize these? A. Yes. What is 25 a picture of? A. Twentwaive? Yes? A That's a copy of a receipt and some other items in a trash bag, some hair products, looks like. Q. State's Exhibit Number 26? A. It's a photo of a receipt from Minyard's Food Store. Q. And are these the locations that you and Detective Mayfield visited to indicate that the defendant did, in fact, shop these grocery stores while her kid was at home dying? A. Correct. MS. WHITE: At this time, Your Honor, State would offer State?s Exhibits 24, 25, 26. MR. JOHNSON: No objection. THE COURT: State's 24, 25 and 26 are admitted. Q. (By Ms. White) At some point prior to the defendant being charged with injury by omission, you did have an opportunity to speak with Latricia Love Chance; is that correct? A. Yes. Q. And did you also have an opportunity to speak with an Anthony Love? JAN CHERIE WILLIAMS, CSR 972?739u3912 . Yes. Q. And you-all gathered information and statements from both those individuals; is that correct? A. Correct. Q. And based on the information you got from them, did you provide that information to Detective Breedlove? A. Yes. Q. It was a combination of the statements you received from them, what the medical examiner said, what the defendant herself had written in her affidavits, that caused her to be charged with injury by omission; is that correct? A. Correct. MS. WHITE: Pass the witness. MR. JOHNSON: No questions. THE COURT: May this witness be excused? MS. WHITE: No objection from the State. MR. JOHNSON: Yes. THE COURT: Thank you, Detective. You may be excused. Let's take a five?minute break. (Recess taken) THE COURT: Is your witness here now? MS. WHITE: Yes. The State calls Latricia Chance. THE COURT: Raise your right hand, please. JAN CHERIE WILLIAMS, CSR 972?739~3912 (Witness sworn by the COurt.) LATRICIA CHANCE, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. WHITE: Q. Latricia, I want you to state your full name and spell your last name for the court reporter. A. My name is Latricia Chance, and last name Q. You are going to have to speak up, okay, because the court reporter has to take everything down and the Judge is listening to you. Okay? You have to say okay. A. Okay. Q. And I know you have tendency sometimes to talk kind of fast, so I am going to ask you to slow down so everybody can understand what you are saying. A. Okay. Q. Now Latricia, is Anthony Love your cousin? A. Yesthe name Latricia Love Chance on occasion? A. Yes. Q. How old are you? A. I am 19. JAN CHERIE WILLIAMS, CSR 972?739-3912 you know Arlena Lindley? Yes. How do you know her? Through my cousin. Now, is Alonzo Turner your cousin? No. Was Alonzo's brother dating your cousin? Yes. And her name is Veronica; is that right? Yes. So you knew Alonzo and met his girlfriend becauSe your cousin dated his brother? A. Q. A. Q. Yes. Did you hang out with Arlena? Sometimes. At one point in time did you?all stay at an address on Bigalow? A. Yes. Did y'all stay there together? Yes. You, Alonzo and.Arlena? Yes. And Tony and Veronica? Yes. Is that how you became closer friends with her? JAN CHERIE WILLIAMS, CSR 972?739-3912 Yes. Q. You said sometimes y'all would hang out. Would you hang out with Alonzo Turner? A. No. Q. Just her sometimes? A. Yes. Q. On October the 13th, the day of this offense, had Alonzo Turner and.Arlena Lindley moved to a new address? A. Yes. Q. And that morning had you ever been to their new apartment? A. No. Q. Did you receive a call that morning? A. NO. Q. Okay. Did you call someone that morning? A. Yes. Q. Who did you call? A. I called Arlena. Q. And when you called Arlena, did y'all talk about you coming over to see their new apartment? A. Well, Alonzo, he was on the phone. And I asked him can I speak to DeeDee, and he was asking me to come see their new apartment. And I told him yeah, so I just went over there. Q. Now, since he asked you, do you want to come see or you say can I come see y?all?s new apartment, he said yeah, so JAN CHERIE WILLIAMS, CSR 972?739-3912 you said you are going to come on over? A. Q. A. Q. Yes. Did you at that time have your own car? No. Whose car, if you can remember, was it that you borrowed to get over to their apartment? A. Q. My cousin's friend. Your cousin's friend. So Anthony Love's friend? M?h'm. You haye to say yes or no. Yes. So he let you borrow the car, right? Yes. Did you take that car and go to Arlena?s apartment? Yes. And where was that apartment located? On Sunnyvale. MS. WHITE: Your Honor, may I approach? THE COURT: Yes. (By Ms. White) I'm showing you what's been marked State's Exhibit Number 30.? Are these the apartments, at least the front the apartments, on Sunnyvale? A. Q. Yes. The Sunrise Village Apartments? Yes. JAN CHERIE CSR 972?739?3912 These are the apartments where you went to see Arlena and Alonzo? A. Yes. MS. WHITE: State would offer State's Exhibit Number 30. MR. JOHNSON: No objection. THE COURT: State's Exhibit Number 30 is admitted. Q. (By Ms. White) When you got to the apartment and first pulled up, what is the first thing you saw? A. Titches sitting outside by the door eating oatmeal with his pajamas, no shoes. Q. So you saw Titches sitting outside this door eating oatmeal or eating something in a bowl? A. It was oatmeal. I seen it. Q. He was eating and you say he didn't have any shoes on; is that right? A. Yes. Q. It was October. Do you remember if it was hot that day or was it okay to be outside with shoes off? A. It was a little chilly outside. Q. Is that why you noticed he was out there without his shoes on? Yes. Q. Did. Did that seem unusual to you for him to be JAN CHERIE WILLIAMS, CSR 972-739-3912 standing outside eating his oatmeal? A. Yes. Q. And why is that? A. He don't I mean, he don?t usually be outside with no shoes on, eating outside the door. He was sitting down by the door Q. Okay. A. eating oatmeal in a bowl. MS. WHITE: May I approach, Your Honor? THE COURT: Yes. Q. (By Ms. White) Showing you what's been marked State's Exhibit Number 32. Is this the kid you saw outside eating oatmeal? A. Yes. Q. Is that Titches Lindley? A. Yes. MS. WHITE: State would offer State's Exhibit Number 32? MR. JOHNSON: No objection. THE COURT: State's Exhibit Number 32 is admitted. Q. (By Ms. White) When you pulled up and you saw him. outside eating his oatmeal, did you say anything to him? A. I spoke to him. Q. Was he able to speak back or was his mouth full of JAN CHERIE WILLIAMS, CSR 972~739?3912 food? A. His mouth was full of food. Q. Did you go on inside? A. Yes. Q. Did somebody open the door for you, or did they say come on in; or do you remember? A. I can't remember at this time. But I probably just walked in, I guess. Q. Let me ask you something, you saw some things that_ day; is that right? A. Yes. Q. And has it been tough you talking to me and trying to remember the sequence of events and how everything happened. Has it just been hard to think about? A. Yes. Q. And you have told me on time and time again you don't want to think about this any more; is that right? A. Yes. Q. I'm going to ask you some things about what happened and what you have written in your statement. If you don't remember, you can ask me to see your statement, okay. If you're not sure about something, you can just say I am not sure. Okay? A. Yes. Q. So you went inside the apartment; is that right? JAN CHERIE WILLIAMS, CSR 972-739?3912 in. was? Q. referring A. Q. courtroom A. Q. A. Yes. Who is the first person you saw once you got inside? Alonzo. Where was Alonzo? He was in the living room. Do you know what he was doing? No. I just seen him in the living room when I walked And did you know at that point in time where.Arlena She was in the closet gathering her baby's clothes. Do you call her Arlena or did you have a nickname? I call her DeeDee. DeeDee. Okay. So you will be more comfortable today to her as DeeDee? Yes. And is Arlena DeeDee? you see her in the today? Yes. Can you tell us what she is wearing? Green and white. MS. WHITE: Let the record reflect the witness has identified the defendant in open court. Q. DeeDee; (By Ms. White) That's the person you are calling is that right? JAN CHERIE WILLIAMS, CSR 972-739-3912 Yes. Q. So you find out where DeeDee was; is that right? A. Yes. Q. And where was she? A. She was in the closet gathering her baby's clothes. Q. And was she planning on leaving? A. Yes. Q. When you went back in there where she was gathering up the clothes, did you talk to her? Ar Yes, I did. Q. Were y'all talking about anything serious or just talking? A. Just talking. Q. .At some point in time did Alonzo and Titches come into that bedroom? A. Yes. Q. And had you been in there a long time or was it a pretty short time? A. It wasn't that long, but it was a pretty good while. Q. Ten minutes, 20 minutes? A. Probably something about 20 minutes. Q. When you got to the when they came into the bedroom what was the first thing you saw? A. Well, it happened from the living room, then from the bedroom. JAN CHERIE WILLIAMS, CSR 972*739-3912 Tell the Judge what you saw Alonzo Turner do to Titches Lindley. A. Well, when I walked in the house before I walked- in the hOuse Titches was sitting outside. And I went back there to the room, and I came back to the living room? And Alonzo brought Titches back in the house and he was telling him to eat the oatmeal. But, I mean, he was a small child. He couldn't eat that much. And what really got him is because Titches used the restroom on his self. IQ. I He had used the restroom on himself? He had pooped on his clothes? A. Yes. And he got mad because he used the bathroom on himself. And I asked him why did he do that. And he say he Idon?t know. Q. You asked Titches that? A. No, I asked Alonzo why did he why is he treating a child like_that. - Q.- At that point when you say why are treating him like that, what had he done to Titches? I I A. He had first he had brought him in the house. He told him bend over and touch his toes. He had this big thick black belt. He whipped Titches on his behind. And, I mean Q. Did he whip him just like a couple of times or a lot? But he whipped him and he A. No, it was quite a few. told him something I can't remember. But I know what I seen. JAN CHERIE WILLIAMS, CSR I 972?739-3912 That when DeeDee was gathering the clothes, I seen when he picked up Titches, he grabbed him by his left arm, threw him against the wall and he hit his head on the wall because I seen it. And he pulled.Titches in the room where we was and he told Titches he better eat that food. And Titches, he couldn't eat that much food, because he was so small he can only eat so much amount of food. Then he say, if you don't eat that food he was going to whoop him. So when I seen, he grabbed Titches by the neck, wiped his face I mean, in the oatmeal. He told him to lick the oatmeal up. Q. Let me ask you this. After he had made him bend over and whipped him with the belt and threw him up against the wall, had Titches spit the food out of his mouth? A. Yes. Q. Did Alonzo then grab him and rub his face into the oatmeal? - A. Yes. Q. Now this is all happening with you and DeeDee all of you in one room? A. Yes. Q. And although she is over there gathering clothes, she in this room where this all happening. It is not like she doesn't know it's happening. She is seeing it happen. You are seeing it; she is seeing it. A. Yes. JAN CHERIE WILLIAMS, CSR 972?739-3912 And you said he rubbed his face into the oatmeal or food. Was Titches saying anything? Was he crying? A. He was crying. And he put him on his back and he put his foot in his chest and then he got him up. Q. When you say he put his foot in his chest, he stood on his chest, put his weight A. I can?t say if he stood on his chest. I just seen that he put his foot on his chest. Q. So you are saying you don't know if he put all his weight on his chest, but you saw him put his foot on his chest after he had thrown him against the wall and rubbed his face in the oatmeal? A. And then he picked him up by his neck. Q. Like this (indicating)? A. Yes. He left the room and went to the bathroom. And I was standing at the door. Q. The doorway? A. Yeah, in the bedroom door. And I seen him because like when you standing at they door, you can see from they door to the restroom. And I seen when he picked him up by his neck, he went to the bathroom and but his face in a toilet and flushed it. Q. So he put Titches' face in a toilet and flushes. Does the water come up? A. Yes, because I seen his face wet. And I was like, he JAN CHERIE WILLIAMS, CSR 972*739-3912 . . .. .. couldn't be doing this child like this. Q. Did you know at that point in time what was going on was serious? A. really don't know. I just came over there. I guess that day he just happened to do that child like that. I really don't know. Q. You don't know besides you knowing he pooped on himself, you don't know if anything before then started all this? A. Yeah. I don't know. Q. When you saw what he was doing to Titches, did you think, hey, that's just a regular whipping or did you think this was bad? A. It was bad. Q. You said he brought him back in and his face and stuff was wet? A. Yes. Q. What was Titches doing then? A. He Was like he was like he was acting like he was unconscious. And he was making the child walk in like he made Titches walk from the table to the TV. And DeeDee was sitting on the floor. And by the time he made it to the TV and But Alonzo turned around, he was like falling on his momma. said, don't you do that. Don't you fall. I'm going to whoop you again. JAN CHERIE WILLIAMS, CSR 972-739-3912 You said that he was acting like he was unconscious. Do you mean like he was weak? A. Q. A. Q. stumbling, A. Yeah. And he was making him move back and forth? Yes. And was DeeDee there to see all of that? Yes. Was he being able to move very fast or was he kind of just like he was tired and He was like he was tired. And by the time he made it to his momma, he told his momma that he was tired. Q. A. Q. He said he was tired? Yes. Now let me back you up. That day that you went over there, at some point in time you and DeeDee left the apartment; is that right? A. Q. Yes. And later on that day you came back to the apartment; is that right? A. Q. Yes. You met Alonzo and his brother -- or at least Alonzo back at the apartment? A. Q. Yes . And when you got back to the apartment the second time, Alonzo had changed Titches out of the poopy clothes and JAN CHERIE WILLIAMS, CSR 972-739-3912 different clothes; is that right? A. Q. Yes . Now only if you remember, when he made him run back and forth, do you remember if that happened before y'all left the first time or after y'all came pack the second time? A. Q. events? A. Q. A. Q. It was before we left the first time. Now are you sure about that, or the sequence of I really just don't know because it's been so long. But you know all of that happened? Yes. Now after he has slammed him up against the wall and you said hit his head on the wall, stood on his chest and rubbed his face in the toilet, what was DeeDee doing? A. She was right there. you better not touch him or I'm going to do something to you. I was scared; she was scared. call the police because we both was scared. I didn't know what to do but So I didn't know what to do. Q. So he told y'all you better not touch him, meaning take him out of the apartment or anything like that? A. Yeah. Because I was taking her and whatever she wanted to go to get her baby out of that situation.? Q. After you saw this happening, you say you are going to take them and we are going to get out of here? But he told her he said that JAN CHERIE WILLIAMS, CSR 972?739?3912 M?h?m, And then when she was about to get her baby, she was grabbing for her baby. He snatched the baby up from her and slammed the door. Q. Now did you at any point in time when y?all were there that morning see him push or hit DeeDee or knock her to the ground or anything like that? A. Well, I wasn't there if it did happen. Q. You didn't see that happen? A. No. I wasn't there at that time. Q. So after he closes the door and doesn't let Titches go, you and DeeDee leave; is that right? A. Yes. Q. Now, where do y'all go? I took her to my friend's A. I take her to a pay phone. to use the phone. And after that, we met well, she used the phone in my friend?s house. Q. Let me stop you right there. MS. WHITE: Judge, may I approach? THE COURT: Yes. Q. (By Ms. White) I am going to show you State's Exhibit Number 27, 28, 29 and 31. Do you recognize these pictures? A. Yes. Q. On State's Exhibit Number 27, is that Arlena's apartment right across the street? JAN CHERIE WILLIAMS, CSR 972*739u3912 .Yes. MS. WHITE: Your Honor, at this time State would offer State's Exhibits 27, 28, 29 and 31. I MR. JOHNSON: No objections. THE COURT: State?s 27, 28, 29-and 31 are admitted. Q. (By Ms. White) Now on State?s Exhibit Number 27, you said you went to the pay phone. Is this the pay phone you took her to? A. Yes. Q. This is after you?all have seen what Alonzo has done to Titches. Y'all went to this pay phone? A. Yesuse the pay phone? A. Yes. Do you know whether or not she called anybody? A. I don't know. You don't know whether she actually called anyone or not. Why were you taking her to the pay phone? Who were you trying to get her to call? A. Somebody. Because I didn't know what to do. Somebody being authorities or somebody being A. Somebody that can help her, police or whoever. What you saw that day JAN CHERIE WILLIAMS, CSR 972*739-3912 THE COURT: Excuse me. May I have the photographs? Q. (By Ms. White) What you saw that day you felt was enough that the police or somebody needed to be called as to what he was doing? A. Yes. Q. And y'all went to that pay phone. And you don't know whether she called anyone; is that right? A. Yes. Q. After you left there, you said you went to a friend's house; is that correct? Yes. Now is that friend Anthony Love or another friend? A A. It's another Anthony. So there is two Anthony's? A Yes. So you went to Anthony's house to let her use his phone? A. Yes. Q. And did y?all get there; was she able to use the phone? A. She was able to use the phone. He let her use his phone and she called and asked where her baby was. Q. She called who? A. Alonzo. And she asked him where were they at and he JAN CHERIE WILLIAMS, CSR 972?739?3912 said, at the hospital. Q. But he was playing With her. So at that point in time, he told her that he was taking Titches to the hospital? A. $3 F) Q. did y'all hospital? A. Q. Yes. Because of what had happened that day? Yes. But he was just playing with her? Yes. Did she know when she got off the phone with him all know that Alonzo hadn?t taken Titches to the YES. So she when she had an opportunity to use the phone, she called.Alonzo, didn?t call 911 or the hospital at that time? A. Q. A. Q. NO. Once you left that Anthony's house, where did you go? We met Alonzo and his brother back at the apartment. Now at some point in time did you go to Anthony Love's house? A. Q. Anthony, A. Q. Yes. You said there are two Anthonys. So that is another right? Anthony Love is my cousin. Did you and DeeDee go to his house? JAN CHERIE WILLIAMS, CSR 972-739-3912 Yes. Q. And when y'all went to his house, did y'all tell Anthony Love what was going on? A. I told him because I was scared and she was scared. So I didn't know what to do. So he was the closest person to me. So we both went to his house. And I guess he tried to give his phone to her to call somebody and let somebody know. Q. So you went to the closest person you knew to say, hey, this is what we have seen because you know it was a big deal? A. Yes. Q. And at that point in time Anthony Love tried to allow DeeDee to use his phone to call the police? A. Yes. Q. To your knowledge, did she use his phone to call the A. No. Q. When you were telling Anthony about what Alonzo had done to Titches, what was DeeDee doing? A. Looking. Q. Looking. Okay. How was she acting? Was she crying? Was she upset? Was she smiling? Was she laughing? A. She well, I can say that she was upset, but I don't know how upset she was. But I can say that. Because that was the only child she had. So ~u but I don?t know how JAN CHERIE WILLIAMS, CSR 972?739-3912 house? A. something back at ho Q. that corre A. Q. eling inside but Right. Just what you If I had a child like that, I would be feeling bad. But just what you saw, based on what you saw? What I saw. Okay. Now how long did y'all stay over to Anthony?s Probably like probably seven to ten minutes or like that. _And that's when we met Alonzo and them me. That's when y'all met them back at the apartment; is ct? Yes. And while y'all are driving around in the area from Anthony Love's house to Alonzo's house, is that a long way or a short way? A Q. A. A. picked up his check groceries It's a short way. Y'all get back and what do y'all do then? We wait until they got there. Okay. And then what? We went in and he was telling DeeDee that he just his check from where he was working. And he cashed and gave her some money and told her to go buy some And when I was and stuff. And then I took her. walking well, when I walked out the door and got in the car, JAN CHERIE WILLIAMS, CSR 972-739-3912 _hurt Titches. she was just beginning to walk outside the door when he called her back in and said, DeeDee, I promise I didn't do nothing to Which we know he did it because we saw it. Q. So all this stuff he was saying to her, she just acted like she believed him that he didn't do.anything when she actually saw it happen? Y'all saw it happen. A. I know she didn't believe him because we seen it. I know she didn't believe it because we was right there. She was scared and I was scared so we both didn't know what to do. Q. And so y'all she took the money and y?all went shopping; is that right? I A. Well, yeah well, just not say shopping, but just went to get some little odds and ends or whatever. Q. Okay, some little odds and ends? A. Yeah. Q. Went by the grocery store, went by the Dollar store, went by the I A. Beauty supply house. Q. And on the pictures that the Judge has in front of her, those are indication of the beauty supply house and some of the locations that y'all actually went to; is that right? A. Yes. Q. After you went shopping with DeeDee did you drop her back off at home? A. Yes, I did. JAN CHERIE WILLIAMS, CSR 972-739-3912 And did you then go ahead and take the car back to Anthony Love's house? A. Q. DeeDee? A. A. A Q. that day? YES. At some point in time, did you get a call from Yes. And was that call about Titches? Yes. And was she telling you that he had passed away? YesChildren's Medical Center Did you go to the hospital when Titches had passed at the hospital? A. Q. No. Did you talk to the police on October 14th, the day after this all happened? A. Q. Q. No, not that I remember. You don't remember. Okay. MS. WHITE: May I approach, Your Honor? THE COURT: 'Yes. (By Ms. White) I?m going to show you THE COURT: You don't have to ask me each time during this hearing. Q. MS. WHITE: Thank you. (By Ms. White) State's Exhibit Number 34. Did you JAN CHERIE WILLIAMS, CSR 972-739-3912 write a statement for the police? A. I Yes. Q. And can you look at that and tell us if that is your statement that you wrote? A. Yes. Q. You have had an opportunity to read it today; is that Yes. Q. And it's dated October 14th; is that right? A. Yes. They came to my cousin's house. And they brought me 4? I guess it was a detective. They brought me a piece of paper with black males on it and they told me to circle Q. They brought you a photo lineup? A. Yeah. It was I guess it was like ten guys on a piece of paper and they told me to circle the one that did it. And he was like I think he was like the first person on their paper, I believe. You think Alonzo was the first person on the paper? A I believe so. Q. And you were able to identity him; is that right? A Yes. Q. Now once the police did that, did you tell them what you and DeeDee had saw that day? A. Yes. JAN CHERIE CSR 972?739?3912 And you told them in this written form that y'all saw everything, that y'all went around shopping, that you went by the phones and all of that. today? A. Q. Everything you told the Court here Yes. And did Anthony Love also talk to them that day and was able to give them a statement? A. Q. A. Q. I don't remember. Anthony Love, your cousin. Talking to The police. Did he talk to the police also the same day you talked to them? A. Q. Exhibit Number 33. this? I believe so. Let met show you what's been marked as State's I am going to ask you do you recognize Yes. And what is that a picture of? Clothing. And do you recognize that item on 33? Yes. What is that? That belt. Is that the belt he was using to whip Titches Yes. JAN CHERIE WILLIAMS, CSR 972?739-3912 over and over? MS. WHITE: 33. MR. JOHNSON: No objection. THE COURT: Q. (By Ms. White) Now Latricia, did you DeeDee that you need to call someone. You said her to the pay phone because she needed to call you ever say, hey, you need to call the police? I Yeah. That's why I was taking her to Q. You were taking her there because you needed to do that? A. Yeah. friend's. were they at. Q. You also passed by several phones. that you didn?t call the police? A. I don't know. Q. You don't know. responsibility since this is her child? A. Yes, I was. Q. You just don't know? A. (Shakes head.) MS. WHITE: Pass the witness. State offers State's Exhibit Number State's 33 is admitted. And then that's when I took her down to my That's when she called Alonzo and asked Alonzo where Now why is that Were you leaving it in ever tell you were taking somebody. Did the pay phone. told her she her JAN CHERIE WILLIAMS, CSR 972-739-3912 CROSS-EXAMINATION BY MR. JOHNSON: Q. Latricia, you had known that Alonzo Turner had been physically violent towards DeeDee and Titches for a while, hadn't you? A. Yes. Q. And you knew that DeeDee was deathly afraid of Alonzo, was she not? A. Yes. Q. On the day that this happened, I mean, this wasn't the first day that Alonzo had hit Titches or whooped Titches. This wasn't the first day he had threatened to kill DeeDee. It ain't like thatfact, you said earlier that when DeeDee was trying to get the baby out of the house that Alonzo grabbed him and threatened her. In fact, not only did he threaten her, he said he was going to kill her if she tried to take him out of the house, didn?t he? A. Yes. Q. Can you remember and tell the Judge exactly what it was Alonzo said he was going to do? A. If she would have got Titches? Q. Yes. A. He was going to kill her. And he told her not to put JAN CHERIE WILLIAMS, CSR 972-739-3912 her hands on Titches, which is her child not his. So he can't tell her-what not to do because it?s her child. Q. But you say when you say he can't tell her what to do I mean, if you tell somebody, you do it I'm going to kill you, and you've been beaten for several months: they are afraid, aren't they? A. Yes. Q. You told the Judge several times while you were testifying that you were afraid and that DeeDee was afraid. What was it that you were afraid of? A. -I was afraid. He threatened me too when he was threatening her, so, I mean. Q. I mean, this wasn't just a situation where Arlena Lindley sat there and just ignored what was going on. He had told her what he was going to do to her if she interfered? A. Yes, that's true. Q. Prosecutor asked you a question about why was it you didn't call the police, and you just said I don?t know. You've had a year and a half to think about it. Can you why didn't you call the police? A. I don't know. Q. What did you think would have happened or what do you. think Alonzo Turner would have done to you if he had found out you called the police on him?- A. He would have threatened me JAN CHERIE WILLIAMS, CSR 972?739h3912 MS. WHITE: Judge, I will object to speculation. THE COURT: Sustained. Q. (By Mr. Johnson) At the time this was going on, whether it's true or not, what do you believe would have happened to you if you had called the police and he had found out? MS. WHITE: Judge, speculation. Objection. THE COURT: Sustained. Rephrase your question. MR. JOHNSON: Judge, I believe that goes to the whole issue of why we are talking about an act of omission here. And I think whatever the underlying current was that caused her not to act would have certainly had an influence upon what their belief was THE COURT: Rephrase your question, please.' Q. (By Mr. Johnson) Latricia, you knew.Alonzo Turner was a violent person, correct? A. Yes. Q. You said he was threatening to you that day as well as being threatening to Arlena? A. Yes. Q. Were you afraid and in fear of being harmed yourself if you interfered in this situation? A. Can you rephrase that? Q. Were you in fear of actually being harmed yourself if you interfered in this situation? JAN CHERIE WILLIAMS, CSR 972-739?3912 Yes. Now, when you left the house, Arlena didn't say that she is just going to go on and forget about what was happening over there. her boy? A. Q. Alonzo and wanted to know where Titches was, A. Q. Y'all stopped and she called the house checking on .We stopped When you stopped she called and wanted to talk to right? Yes. When you went to Anthony's house, she called back and called again and talked to Alonzo about how Titches was; is that right? A. Q. Yes. So she was doing what she could to check on him. And it wasn't like she was just out saying let's drive around and have fun. Whenever y'all stopped she was checking on her boy, wasn't she? A. Q. Yes. You never believed that day that even though he was being awfully mean to Titches, you never thought he was going to kill him, did you MS. WHITE: Object to speculation and relevance as to what this witness believed. Q. THE COURT: Overruled. You may answer. (By Mr. Johnson) You can answer that. Did you think JAN CHERIE WILLIAMS, 972-739-3912 CSR what Alonzo was doing did you ever think that Alonzo was going to kill Titches that day? You knew she was trying to get away from him? A. No. Q. Was Arlena a good momma to Titches? A. Yes, she was. Q. Alonzo wasn't a very nice person, was he? .A. No, he wasn't. I Q. How was Arlena around Alonzo? A. She was, like, scared of him. Q. Constantly? A. Yes. Q. A. Yes. Every time she tried to get away, he would find her from somewhere. Q. Threaten to kill her? A. I mean, just that time about her child. But every time she leaves and just go her way, he finds her from somewhere.- But I don't know where. 'And I look up, she is with us again. MR. JOHNSON: That's all I have. I REDIRECT EXAMINATION BY MS. WHITE: Q. You visited the night you found out that Titches had died, your went to Arlena's parents' house, her dad's house, to tell them? JAN CHERIE WILLIAMS, CSR 972-739-3912 points sister? Q. didn't think that was something regular, Yes. Throughout this time that you knew Alonzo and DeeDee, in time didn't Titches live with DeeDee's father and Yes. And so he didn't always live with her; is that right? place to put Titches if he wasn't safe? Yes. She had a place to take him; is that right? Yes. And what you saw Alonzo do to Titches that day, you you thought authorities needed to be called; is that right? A. questions? ever discuss with her, we need to call 911. Yes. MS. WHITE: Pass the witness. MR. JOHNSON: I have no further questions. MS. WHITE: Nothing further. THE COURT: Either side mind if I ask a few MR. JOHNSON: I have no objections. MS. WHITE: No, Judge. THE COURT: Ma'am, did you and DeeDee did you We need to call the police? THE WITNESS: Yes. JAN CHERIE 972?739"3912 CSR THE THE THE did she tell you? THE THE THE THE that day? THE THE COURT: WITNESS: COURT: WITNESS: COURT: WITNESS: COURT: WITNESS: COURT: And why did she not call the police? I don't know why she didn't. Well, when yOu discussed it, what She didn't respond. She just didn't say a word? No. Were y'all "n was she using drugs No. When you first went back to the apartment and Alonzo had cashed his check and gave y'all money for groceries, where_was Titches at that time? THE THE time? THE gave DeeDee money for groceries. that he laid him down. down and he told DeeDee to go to THE THE THE WITNESS: COURT: WITNESS: COURT: WITNESS: COURT: After he With.Alonzo. Well, did y'all see him at that Yes. laid him down, he laid him the store and buy groceries Where did he lay him down? In the bed. And had he done that before or did y'all meet up in the parking lot and walk in with him? He was in the house when he I'm not sure if it this time Did I understand you to say they weren't there when you and DeeDee JAN CHERIE WILLIAMS, CSR 972*739-3912 got back? THE WITNESS: We gave him enough time to be there. So by the time we were just across the street. So by the time we got back to the apartments, Alonzo and Titches was there. THE COURT: Did she go into the bedroom to see Titches? THE WITNESS: I believe so. THE COURT: But you are not positive? THE WITNESS: I'm not sure. THE COURT: And you said there was another guy there? THE W1TNESS: His brother was staying there but he didn't ever be there. THE COURT: But at this point in time was Alonzo's brother standing there or in the room? THE WITNESS: No. THE COURT: He had already left? THE WITNESS: M?h'm. Yes. THE COURT: Do you know why they were moving into this new apartment? THE WITNESS: Why did they? THE COURT: M?h'm. THE WITNESS: Because everybody was splitting up getting they own place. That's what I believed. JAN CHERIE CSR 972?739?3912 THE some reason? THE what to do. THE as well? THE apartment complex. THE THE THE THE he don't even know. because other kids house. being outside with COURT: Were you afraid of the police for WITNESS: No, I wasn't. But I didn't know COURT: Did. You say.Alonzo threatened you, WITNESS: Yes, and other people around the COURT: That same day? WITNESS: Yes. COURT: Who else did he threaten? WITNESS: DeeDee, me and other people that Because they was like it's strange play outside but Titches always in the It's strange for him to be in the house instead of the other kids. And the people around I don't know the people that lived in them apartments, but they was saying that he there. And that's when I seen that he loved Spiderman. to get some stuff to put out by the door or whatever. threatened he threatened them. I wasn't I just heard it because I had came back over there. So I just went And that's when I heard it. THE stuff? THE COURT: You went and got some Spiderman WITNESS: Yes. That's when I seen Channel 8 JAN CHERIE WILLIAMS, CSR 972-739-3912 news. THE COURT: you got the Spiderman Stuff? THE WITNESS: Really, called me, I was at my cousin Anthony?s house. that Titches passed away. at the hospital or at the house. Did you know he was deceased when I didn't. But when DeeDee She told me But I don't know if he passed away I just seen all of the stuff. So I was kind of figuring out that he did pass away because I seen all this Spiderman stuff sitting by the door. THE COURT: And how long once you got the money from Alonzo and y'all did the little shopping, how long did y?all spend shopping?l THE WITNESS: 15 minutes. really need because they had food. stuff that they really need. over like 20 minutes. THE COURT: Titches at that point? THE WITNESS: THE COURT: apartment? I THE WITNESS: THE COURT: Titches? Not even 20 minutes. It was about She was just getting some little stuff that they But she was just getting It wasn't w? I can say it wasn't Did she express any concern about Like when we was out? The second time y'all left the Not that I know of. Did you think to go check on JAN CHERIE WILLIAMS, 972-739-3912 CSR 100 THE WITNESS: Yes. THE COURT: Did you go back there and look at him? THE WITNESS: Yes, I looked but I ?f I don't know if he was just asleep or just laying there with his eyes open. I really don't know because I just looked and I just walked outside. I didn't know. THE COURT: Did you look from the living room? THE WITNESS: Yes. I wasn't like see, like, in the living room, it's like when you go out the living room you can go straight into their room. And I was like right there looking. I was, like, is he asleep or what? And I just walked on out. THE COURT: And you don't remember what DeeDee did? THE WITNESS: No, I don't remember because I walked outside. THE COURT: But the door was open? THE WITNESS: Yes. THE COURT: That's all the questions I have. MR. JOHNSON: I do have a couple of follow up, if I might. RECROSS-EXAMINATION BY MR. JOHNSON: Q. - Latricia, at the time you said earlier, I think CHERIE WILLIAMS, CSR 972-739-3912 101 you testified, when y'all had gone out for a while when DeeDee tried to get Titches out of the house, that's when he was threatening to kill her and kill you. Then y'all left for a while. That's when y?all went and she kept calling back to the house to check on Titches, right? A. She called his cell phone. Q. Right. And then when y'all came back over there and he had told you he had the money, when y'all come back when you saw Titches that time, that's when you told the police that Alonzo had cleaned him up and changed his clothes; is that right? A. Yes. Q. So at that point in time now, Titches is all cleaned clothes on? A. Yes, and a Band?Aid right here on his right temple. Q. So the violence was over and from all appearances at that point in time, Titches looked like he was doing okay. A. But he really wasn?t. Q. Well, we know that now. But I am saying when you came back at that time, the violence had stopped. Alonzo had cleaned him up, put a BandeAid on his face. And when y'all checked in on him, I mean, you couldn't tell that he was about to die. You had no idea that Titches was about to die, did you? JAN CHERIE WILLIAMS, CSR 972?739w3912 had stopped. In fact, when you saw him at that time, the violence Alonzo was acting different than he was when he run y'all out of the house that morning, right? A. Q. Yes. So you looked in on Titches. DeeDee looked in on Titches, and.Alonzo told her to go on out and pick up a few items and y'all was gone about 15 minutes? A. Q. Yes. When you come back, you left and the next thing you knew was that afternoon you got this phone call that Titches had passed, and you took some stuff over to leave at the house? A. Yes. Out of like a little tribute to Titches? A. Yes. But when you was there and before you went to the store, there was nothing going on that caused you I mean, you didn?t feel like you needed to run out and call the police and say, hey, you need to get an ambulance over there because you had no idea this boy was hurt. A. Q. there? No, I really didn't. There was no way for DeeDee to know that either, was No. MR. JOHNSON: Okay. Thank you, ma'am. MS. WHITE: Judge, I got a few questions. Can I JAN CHERIE WILLIAMS, CSR 972?739?3912 103 see some of these pictures? THE COURT: Which ones? MS. WHITE: The autopsy photos. FURTHER REDIRECT EXAMINATION BY MS. WHITE: Q. You talk about the fact that Alonzo put a Band-Aid on his head; is that right? A. Yes. Q. Is that I'm going to show you what's been marked as State's Exhibit Number 5. Is that what you are talking about in this area? A. Yes. Q. So y'all knew and DeeDee knew that he had been bleeding from his head; is that right? A. I didn't know that he was bleeding but I knew Q. You saw a Band-Aid? A. Yeah. Q. And between the time that you went back to the house and then left to go to the grocery store, that's when Titches was wobbly and about to fall over, and on his mom and tired. So y?all new something was wrong with him? A. Yes. You knew he wasn't acting normal? A. No. He was acting like he was too tired to run. In fact, JAN CHERIE WILLIAMS, CSR 972-739-3912 acting like a normal three-year?old, just running around fast and playing? A. No. Q. He was stumbling and barely able to keep himself up? A. Yes. Q. You ever heard a three?year?old say, mommy, I am tired? I A. NO. Q. The tired that he was talking about? A. No. Q. And it was then that Alonzo laid him down; is that right? A. Yes. Q. So he wasn't acting just normal. Even at that point, you?all knew somebody needed to be called, right,r the police or 'somebody? A. Yes. MS. WHITE: Pass the witness. FURTHER RECROSS-EXAMINATION BY MR. JOHNSON: Q. Latricia, when you left the house that morning, when you saw him whooping Titches, you thought the police needed to be called right there to stop him from whooping him, didn't you? A. Yes. JAN CHERIE WILLIAMS. CSR 972-739~3912 When you came back and saw Titches had been cleaned up, had a bandage on, even though he was acting a little funny, if you had thought Titches was in the process of dying, you would have gone to the police yourself, wouldn?t you? A. Yes. O. No questions about it. You had no idea that boy was hurt to the point like he was? Al NO. MR. JOHNSON: That's all. MS. WHITE: Nothing further from this witness, Your Honor. THE COURT: Ma'am, you may step down._ MS. WHITE: I have I know it's late. I one short witness. THE COURT: All right. MR. JOHNSON: I have no objection to going forward. However the Court wants. THE COURT: You have one more short. And how many witnesses do you have? MR. JOHNSON: Four. THE COURT: Well, we will put your's on and we will take a 30uminute lunch break and then get started. MS. WHITE: State calls Anthony Love. THE COURT: Mr. Love, raise your right hand please. JAN CHERIE WILLIAMS, CSR 972-739-3912 10106 (Witness sworn by the Court.) ANTHONY LOVE having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. WHITE: Q. Sir, your name is Anthony Love; is that correct? Yes, ma'am. And how old are you? I am 25. You live here in the Dallas area? Yes, ma'am. Do you know Latricia Chance? Yes, ma'am.- And how do you know her? She is a relative of mine's. So she is one of your relatives? Yes, ma'am. Do you know Arlena Lindley or DeeDee? Yes, ma'am. - How do you know her? I know of her through Latricia. And did you also meet her through Veronica, your cousin also? A. Q. Yes, ma'am. Did you meet DeeDee or do you call her DeeDee? JAN CHERIE WILLIAMS, CSR 972?739-3912 Yeah, we call her DeeDee. Q. Did you meet her through Veronica also? A Yes, ma'am. Q. Now did you hang out with them or did you just know DeeDee casually? A. I casually went by their house and visited with them sometimes. Q. That?s when they lived on the Bigalow address? A. Yes, ma'am. Q. Did you ever visit with DeeDee or Alonzo Turner at their address on Sunnyvale at the apartment? A. The only time when I went over there was after the accident had happened. Q. So after all this had happened, then you went over there? A. Uh?huh. Q. But you had never went over there before then? A. No, ma'am. Q. On the date October 13th, 2006, the day of the offense, had Latricia been staying with you at your apartment? A. Yes, ma'am. Q. She had spent the night over there? A. She had been staying with me. Q. Okay. Did she that morning, to your knowledge, go to DeeDee and Alonzo's apartment? .JAN CHERIE WILLIAMS, CSR 972*739-3912 108 7:00. Q. Yes, ma'am. Did she borrow your car or your friend?s car? Yes, ma'am. Was it early in the morning or do you remember? When she left the house it was around 6:45 or around And when she originally left she had-to go see your grandmother first; is that right? A. A. Uh-huh. And then she went over to their apartment? Yes, ma'am. At some point during the day on October 13th, did Latricia and DeeDee come to your apartment? A. Q. Yes, ma'am. When they came to your apartment, did Latricia tell you what Alonzo had been doing to Titches, the little boy? A. She didn't right off and tell me. She was pacing around the house. acting? So she came in acting nervous? Yes, ma'am. Did you ask her what was going on? Yes, ma?am. How was DeeDee Now Latricia was acting nervous. She was just sitting on the couch like nothing was JAN CHERIE WILLIAMS, CSR 972?739-3912 109 wrong. Q. When you finally asked Latricia what had happened, without telling us exactly what she told you had happened, was she upset when she was telling you about what Alonzo was doing to Titches? A. Yes, ma'am. Q. And based on her description of what she was telling you, did you tell them they needed to do something? A. Yes, ma'am. I repeatedly because from what Latricia was telling me about what was going on, I got upset. Q. You got upset about what he was doing to Titches? A. Yes, ma'am. Q. And while you were upset, were you saying stuff to DeeDee and Latricia? A. I asked DeeDee why she didn't call the police if all this was going on. If it was my child, I would have did something about it. But nothing didn't get resolved. I handed her my phone my home phone and plus my cell phone to call the cops, but nothing didn't happen. Q. She didn't call the police? A. No, ma'am. Q. You gave her both your home phone line and your cell phone and said, you need to call the police? A. Yes, ma'am. She called the boyfriend. Q. Instead of calling the police, she called the JAN CHERIE WILLIAMS, CSR 972-739-3912 110 boyfriend A. Yes, ma'am. Q. and talked to him? What was her how was she acting? What was her demeanor like? A. It was like she wasn't upset about her child. I don?t know. Q. She wasn't crying and hysterical, anything like that? A. I asked her about it, and she smiled. Q. She smiled? A. M?h'm. Q. You asked her about what Latricia was saying? A. Yes. IQ. Now were you, Latricia and DeeDee all in the same room so that DeeDee could hear what Latricia was telling you about what happened? A. Yes, ma'am. Q. And she heard the description. about it. A. M?h'm. Q. Didn't act A. I got upset about it. away_from.my house. from hearing it. We were sitting in my living room. She was just smiling upset, concerned, anything of that nature? I told my cousin to take her Because I truthfully got upset about it Q. You were mad that they hadn't called the police and JAN CHERIE WILLIAMS, CSR 972-739H3912 111 you told them to get out? A. Yes, ma'am. Or told her, at least, take her out of my house?;w A. Yes, ma'am. Now at that time did you know the address or exactly where DeeDee and Alonzo were living? A. No, ma'am. Q. So your weren't able to call the police and tell them a location to go to or anything of that nature? A. No, ma'am. Q. But after you instructed her and she wouldn't, you_ wanted her out of your apartment? A. Yes, ma'am. Q. And did they eventually leave your apartment? A. Yes. She took her from my apartment. Q. And until the police came to talk to you on October 14th strike that. You said you went over to that apartment later on. Did you go the same night he had died? A. Yes, ma'am. Did you go with Latricia and her boyfriend? Yes, ma'amlittle memorial for him? A Yes, ma'am. And on October 14th did you talk to the police? JAN CHERIE WILLIAMS, CSR 972-739-3912 Yes, ma'am. Now, Anthony, you currently have a DWLS pending, driving while license suspended; is that correct? A. Q. Yes, ma'am. Has the State offered you or promised you anything for your testimony today? A. Q. No, ma'am. And then in the past, back in ?06, you pled guilty to a reduced felony of burg hab; is that right? A. Q. Yes, ma'am. Does any of that today have anything to do with what you witnessed on October 14th, 2006? A. Q. observed? A. A. Q. A. cousins. Q. A. Q. there? No, ma'am. Are you here today just testifying to what you Yes, ma'am, because I was hurtful. It's a child. You were very hurt because it was a child? Yes. Had you ever met Titches? I met him a couple of times. He used to play with my At the Bigalow address? Yes, ma'am. When you say your cousins, Veronica's kids that lived JAN CHERIE WILLIAMS, CSR 972-739-3912 Yes, ma'am. MS. WHITE: Pass the witness. BY MR. JOHNSON: Q. Sir, if you were so upset about this, why didn't you just call the police while she was there and call the police out there yourself? A. Because I had no location of where she was While she was at your home. A While she was there? Q. Yes, sir. A I was trying to get her to do something about it. Why didn't you do something if you were that upset about it? A. Because I couldn't. Q. Why? A. I had no knowledge of where the child was and where the abuse was being ongoing. Q. I mean, your cousin was in the house with you. You could have called the police and had them come over there and you could have showed them. A. Well, they were well, from.my knowledge, they was threatened for their life. Q. So when y'all was there, they were talking about the fact that Latricia told you that guy was threatening to kill JAN CHERIE WILLIAMS, CSR 972?739-3912 114 them too, A. Q. right? Yes. So when you're talking about how you're sitting there saying here from this witness stand today that she was just sitting there on the couch. You don't know what_was going on in her mind, do you? A. When I asked her opinion about what was going on, there was no knowledge, there was nothing said to me but a smirk. policeWhen I handed her the phone, she didn't call the She called the boyfriend. To check on the son? No, to check on her boyfriend. That's what you That?s what I heard when she was sitting in front of And who was it that was telling you about the fact he had threatened to kill both Latricia and DeeDee? A. Honor. My cousin. MR. JOHNSON: That's all I have. side object? MS. WHITE: Nothing else from this witness, Your THE COURT: I have a question, please. Either MS. WHITE: No objection from the State. MR. JOHNSON: NO. JAN CHERIE WILLIAMS, CSR 972-739?3912 115 called used called back. him, of us. THE COURT: You stated that she that DeeDee your phone to call to check on her boyfriend? THE THE THE THE THE THE THE THE WITNESS: Yes, ma'am. COURT: How do you know that? WITNESS: Because when she called him, he COURT: He called back to your house? WITNESS: He called back to my house number. COURT: Did you hear their conversation? WITNESS: When she was on the phone with she was sitting in the living room talking to him in front It was me, my cousin and her. COURT: And you she wasn't checking on the status of Titches? about the little boy. THE WITNESS: No, ma'am. She didn't say nothing She didn't because I got upset because when I asked her, you don't -- you see this boy doing this to your child and you don't want to call the police or nothing? my cousin to remove her from my premises. do. conversation? She just gave me a smirk. THE COURT: THE WITNESS: THE COURT: And I got upset and I told I did all that I can Okay. But when you heard her Yes, ma'am. Because you were in the same room? JAN CHERIE WILLIAMS, CSR 972~739-3912 116 question. BY MR. JOHNSON: Q. THE WITNESS: M-h'm. THE COURT: When she talked to Alonzo Turner? THE WITNESS: Yes, ma'am. THE COURT: That's all the questions I have. MS. WHITE: Nothing further from the State. MR. JOHNSON: Nothing further Well, I got one RECROSS-EXAMINATION How is it that you and Latricia both heard the same conversation but heard different things? A. How is it that we heard the same conversation? All that I heard her talking about was her going to the grocery store and when she was coming home. Q. How did you hear that? That wouldn't have been her part of the conversationthe phone. got from her. Q. Well, how could you hear her? That's what I She wouldn't have been asking herself when she was going to come home. A. Q. When she was going to come home? You said you heard someone asking when she was going to come home. A. grocery store and then she will be home. I NO. I heard her say that she was going to the couldn?t hear what JAN CHERIE WILLIAMS, CSR 972-739-3912 was asking her. Q. So you are sure about that? A. Yes, I am. MR. JOHNSON: That's all I have. MS. WHITE: Nothing further for this witness, unless the Court does. THE COURT: No. You may step down. MS. WHITE: Your Honor, at this time the State would rest.l THE COURT: All right. Then let's take our lunch break. It's 12:54. Let's be back at 1:30. (Pause in proceedings.) THE COURT: On the record, back in Cause Number the State of Texas versus.Arlena Lindley. And the State rests at this time? MS. WHITE: Your Honor, prior to the State resting, the State would like to have in court presentence investigation prepared by this court's probation department. THE COURT: The Court will take judicial notice and has reviewed it thoroughly before. MS. WHITE: State rests. THE COURT: Defense may begin. MR. JOHNSON: Call Cathy Lee. THE COURT: Ma?am, raise your right hand. (Witness sworn by the Court.) I would have had to have been on the phone. JAN CHERIE WILLIAMS, CSR 972-739-3912 118 THE WITNESS: Yes, I do. THE COURT: Have a seat. CATHY LEE, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. JOHNSON: Would you state your name please. A. Cathy Lee. Q. Cathy, can you pull that thing right up there to you, if you would please. Ms. Lee, you live here in the Dallas area? A. Yes, I do. Q. And you are familiar with an individual seated here to my right, are you not? A. Yesthat you know Arlena Lindley? A. She is the mother of my first grand baby, Titches Lindley. I Q. And Titches is the deceased and who we are talking about in this case? A. Yes. Q. And you have known Arlena for how long? A. As long as I've known Titches, three years almost four years, actually. Q. And the father of Titches is your son William? JAN CHERIE WILLIAMS, CSR 972-739-3912 119 Yes. And William is here in the courtroom today also? Yes, he is. Would you tell the Judge what it is that you know about Arlena and what you observed of her over this time you have known her? A. Over the time that I have known.Arlena, she is a very quiet individual, very humble sometimes to the point of maybe passive. She was a nurturer and a good mother to Titches. I never had any problems or what some people may call "baby momma drama." She was always there to allow me to see that child. I never, ever, ever had any problems with her during the time we had a relationship. She was not just my grandbaby's mother, but she was also a part of our family. When we had our Christmases, she was a part of that. So, in essence, she was a pretty good young lady to be as young as she were to nurture a child as well as she did. Q. And you understand that she is here today based on I the fact that she's being penalized or held accountable for her failure to try to seek action or medical help for Titches on the day that his life was taken. A. Yes. Q. Now, I want to ask you some questions about that. 'You have described her as being a good mother and a nurturer. Did you ever see anything about Arlena that indicated to you JAN CHERIE WILLIAMS, CSR 972-739-3912 120 that Titches was not a very well?cared for young boy? A. None whatsoever. He was always cared for. Q. And the time you said she was always available to let you see the child, were those times that you thought that she just trying to pawn Titches off on you, or was that because she was trying to accommodate your desire to be with the child? A. No. She was definitely accommodating. Q. You said y'all would spend holidays together, and she was part of the family? A. Yes. Q. And you continued this thing up through the time that Titches was deceased. Absolutely. Q. You are aware and have heard about the events and what Alonzo Turner had done to your grandson; is that correct? A. Yes. Q. Now, legally, Arlena is being held accountable for not calling the authorities that day. Do you have any belief whatsoever that she had knowledge of whether or not Alonzo was doing as far as the type of injuries he was causing to Titches? A. I just cannot fathom that she knew that he would do is what caused what he did to that child. Fear, I believe, her if what was going on with her, I think it was fear. Q. You have talked to her about this at length since all that has occurred, have you not? JAN CHERIE WILLIAMS, csa 972?739?3912 Yes. Q. And, in fact, you have continued your relationship with.Arlena? A. I love her. Q. And have you been to see her in jail? A. Every Sunday. Q. Every Sunday. She's been in jail now for almost a year and half; is that right? A. Yes. Q. The Court has to make a decision about what to do with Arlena. What thoughts would you like to share with the Judge about what you think would be appropriate? A. Your Honor, I think that.Arlena can be productive in society. A mistake of judgment of character was made. As a mother myself, I believe that I can nurture her back to her right position. Due to the fact that she have always been a part of my life, I hope that I can have the opportunity to do that for her. What you see or what you have heard is probably possibly being knowing her for a short while. But I have known her for four years, and I know that she is a child that can be nurtured back and produce in society. I truly believe that from my heart. Q. Ms. Lee, as far as her family, you know her father Roy? A. Yes. JAN CHERIE WILLIAMS, CSR 972?739?3912 You know her siblings? A. Yes. Q. And the siblings, they had taken off last week to be in court and were unable to take off again today. But you are familiar with the closeness of that family, are you not? A. Yes. Q. Do you believe and can you tell the Court that she has a group to go to that will provide her, if the Court would give her a probated sentence, that will provide her a close network of people to make sure that she would do right? A. Yes. And I, myself, personally. My daughter works for the college district, and we have been thinking of ways that we can get her in school and that she can become the productive person in society that I know that she can be. She has my love and support as always, and that's what I am here for, is to nurture her back to her rightful She have been hurt. She have place. She have been damaged. lost a child that meant a lot to her, and I think that our family has really suffered enough. We've lost Titches; I don?t want to lose her. Q. Ms. Lee, Arlena is unlike some people we talk about down here because we talk about they get chance after chance to try to do right. Arlena has always done right, hasn't she? A. She has. Q. She's not a law breaker? JAN CHERIE WILLIAMS, CSR 972-739?3912 She?s not a dope user? A. NO. Q. She is not troublethief? A. No. Q. She's always been a good girl, hasn't she? A. Yes, always been a good girl. Q. Now she is being held accountable for her failure to call the police because, like I think you said, a bad judgment of character. Alonzo Turner was apparently about the meanest of the mean, wasn't he? A. To what I have heard about him, he was a pretty good character. I mean, he apparently is a I don't want to defame anybody's character. He is not a good person. Q. Lindley as she sits here in the courtroom, you talk about her as far as her personality as kind of a quiet, humble person. A. Yes. I Q. She is the not the kind of person that shows a lot of emotion, is she? A. No. Q. Have you if you were to sit and look at Arlena Lindley, without knowing her, could you mistake that for being JAN CHERIE WILLIAMS, CSR 972-739-3912 124 something that maybe is not? A. No. I think that she is what she perceived to be. Q. But my question is, if someone says she is kind of a quiet, not real emotional person, that may not be how she is -feeling inside. A. Absolutely. Q. You have had the chance of knowing her as well as you have for four years and seeing her every Sunday for the last year and a half in jail. Can you tell the Court whether or not you have seen things which lead you to believe that she is sorry for her failure to call the police that day? she called me A. Yes, she is. As a matter of fact, it took her a while to even call me. Because I wanted her to know that she made a terrible mistake. And I asked her several times, you know, to put me on the list so I could come and see you. So I think that she was pretty much ashamed of what she had done because she knew what Titches meant to me. But after a while, she came around and when I go and see her, I see someone that is truly sorrowful for what she has done. And it's nothing that we can do to bring Titches back, but I know in my heart that_she is truly sorry for what has happened. And we really gain nothing by taking her life from.her. She just need to be nurtured, and I believe as a parent that I'm able to do it and do it well. MR. JOHNSON: That's all I have, Mrs. Lee. JAN CHERIE WILLIAMS, CSR 972?739-3912 125 Thank you. THE WITNESS: Thank you. MS. WHITE: May I approach, Your Honor? THE COURT: Yes. CROSS-EXAMINATION BY MS. WHITE: Q. Now, Ms. Lee, is your son William sitting in back with the white shirt on? right; A. A. Yes. And he is Titches' father? Yes. And you were his paternal grandmother? Yes. Titches was your first grandchild; is that right? Yes. Now, me and you have met Yes. on more than one occasion. On several occasions, talked several times? Yes. Titches had a room in your house; is that right? Yes. And.Arlena was able to bring him over on holidays or any time she wanted to; is that right? A. Yes. JAN CHERIE WILLIAMS, CSR 972~739-3912 fact, were there times where he would stay with y'all for weekends or a week or things of that nature? A. Q. physical trouble or abused with Alonzo Turner, Yes. So at any time that she was in any kind of trouble or she had the option to bring Titches to you?all? A. A. Yes. In fact, you know Mr. Roy Lindley, her father? Yes. And prior to her moving out with Alonzo, she actually lived with her father and her siblings at Mr. Lindley's house, correct? A. Q. Correct. She would visit you with Titches and come for holidays and stay at her father's house? Correct. And that was a nurturing, loving environment; is that Yes. In fact, at some point in time when Arlena moved out with Alonzo, she actually left Titches with Mr. Lindley and her siblings; is that correct or do you know that? A. Q. him. I don't know. But never the less, she always had a place to take It wasn't like she had to be with Alonzo and Titches had JAN CHERIE WILLIAMS, CSR 972-739-3912 there. Q. October, She had your place, your house, to bring Titches? Yes. She had Mr. Lindley's house to bring Titches? Yes. At some point in time prior to this happening in the summer of '06, did you get some indication that maybe Alonzo was being abusive to Titches? A. Only through I believe my son had saw one of her cousins or somebody back in July or August, somewhere along in there. Q. So you and your son had gotten word that.Alonzo was being physically abusive to Titches around that time; is that right? A. Q. YES . And even though you hadn?t seen Titches or was Arlena still bringing him or had she stopped bringing him around? A. We had no problem with seeing Titches-until around June, July, somewhere along in there. And I guess that?s when the alleged came up that he was being abused. Q. So about June, July of 2006, that same year that he passed away A. Q. Yes. she quit bringing over to your house? We didn't see him, yes. JAN CHERIE WILLIAMS, CSR 972-739-3912 . . . . . And y'all had word or got indicated that he was being abused by Alonzo? A. Q. heard. Yes. And even though I think you said William may have William, along with your efforts, y?all actually attempted to call the authorities; is that correctdid call the authorities. Y'all called CPS -- Yes. to try to get help for Titches? Yes. And y'all called, at some point, the police when you couldn't get help from A. Q. Yes. Y'all weren't just giving up. In fact, y'all were repeatedly calling, seeking help? A. Q. Yes. And y'all were seeking help for him.and didn't really know exactly what was happening, just that he was possibly being abused; is that right? A. Q. Yes. And you and William were trying to remove Titches from that situation? A. Q. Yes. So you?all didn't have to see him be slammed against JAN CHERIE WILLIAMS, CSR 972-739-3912 129 the walls and beaten to the point to seek out the authorities? A. Yes. Q. Y'all didn't have to see that. Hearing about any injury to him was enough for you?all to call the police; is that right? A. Yes. Q. And unfortunately for everybody involved, nothing happened; is that right? Or the police and CPS weren?t able to get Titches away from that situation? A. Yes. CPS said they had no right. Q. And after it wasn't until after Titches had passed that CPS then recontacted y'all; is that right? A. Right. Q. But you-all, as a family, made every effort you could to protect him and to save him? A. Yes, we did. Q. This has been -- let me ask you this. At the time, did you-all talk to CPS or did they indicate at any time that they had spoken with Titches's mother? A. No. The only time well, I can't really say. But the only time that we knew was that they had said they went out to the Bigalow address. Q. To try to see him? A. And he was okay. But at that point in the situation, it was a house full of kids living there so we really don't JAN CHERIE WILLIAMS, CSR 972-739*3912 130 know Q. A. we didn't out. Q. A. Q. Who they saw? who they actually saw. But I think the thing that understand is was why the child couldn't be taken Why he couldn?t be removed from that home? Right. Because it was to y'all's understanding that Alonzo was treating him mean, but Arlena and Titches were still staying with him or at that address? A. Q. A. Q. Yes. And that address was actually the Bigalow address? Yes. You?all weren't aware that she_had moved to another location with.Alonzo and Titches? A. Q. Correct. And this whole time, the Lindleys' still lived where they lived and she could have gone back home, I guess, at some point? A. Yes. Q. Now, since this has all happened, you have actually made efforts to create try to create some new law; is that right? A. .Correct. Q. Can you tell the Judge about that? JAN CHERIE WILLIAMS, CSR 972~739?3912 working with an activist. and children violence in our community. we can institute the Titches Time?Out Plan, emphasize I have matter of fact I was out on last night We have a serious domestic problem It is my desire that which will on children in domestic violence situations. Usually when the man is hitting on the woman, just from what I've found out doing research, the child is just next to be hit on, and that's what we are instituting to put in effect, a Titches Time?Out Plan, so children can be taken out of an abusive family until that situation is totally investigated and give that to a Texas. situation, daughter. We don't have grandparent laws. grandparent, which there are no grandparent laws in If a child is in a if that mother does not even if it's my own If that daughter does not actively give that baby to that family, I have no right as a grandparent to say want the baby." Q. what happened, A. Q. because y' him? A. Q. A. In this particular situation, this is almost exactly right? Yes. And William as a father, you as a grandmother, all had heard he was beating on Titches, tried to get Yes. At least get him away from that situation? YES. JAN CHERIE WILLIAMS, CSR 972-739?3912 Because you?all recognized how serious that was; is that right? A. Yes. Q. And you were working great efforts to change that and create some new law so grandparents will have rights? A. Oh, yes. Q. So that another child, like you said, even if it were your daughter. Even if the mother wasn't responsible enough to move that child from that home, that there would be somebody left for that responsibility? A. Correct. MS. WHITE: Thank you, Ms. Lee. THE WITNESS: Thank you. MS. WHITE: Pass the witness. REDIRECT-EXAMINATION BY MR. JOHNSON: Q. Ms. Lee, what you just talking about, this legislation that you are talking about, the need for that legislation due to the fact when you have an abusive spouse or abusive partner that is abusing the spouse or the girlfriend or whatever the domestic partner is, the domestic partner often times is unable to stop the abuse? A. Absolutely. Q. And do you see that as being the situation that Arlena was in? JAN CHERIE WILLIAMS, CSR 972:739?3912 Yes. Q. So the prosecutor asked you a question a moment ago about the fact that, well, even though you weren?t there, you still called the police.- You didn't have anybody threatening to kill you or beat you up if you called the police, did you? A. NO. Q. You didn't have anybody sitting there threatening to _kill you if you tried to take Titches away from that situation? A. No, sir. Q. You know that on the day that Titches was killed, Arlena tried to take him from that home and was beaten and threatened to have her life taken from her? A. Yes. You can't sit here you never been in that situation, have you? A. I have never. Q. It would be impossible for you to sit here and try to say what was going on in the mind of what is she, 19, 20 _years old at the time? A. Yes. Q. After being abused and threatened to have her life taken from her when she is trying to get Titches away from Alonzo Turner, it's impossible to speak of that, isn't it? A. Yes, it is. Q. And the legislation that you are talking about, it is JAN CHERIE WILLIAMS, CSR 972?739?3912 134 designed specifically for situations to it actually helps both victims, the spouse as well as the child, that may become a victim, does it not? A. COrrect. Q. That's because you recognize that the spouse or the partner themselves are just as big a victim as the child? A. Yes, you. questions? they are. MR. JOHNSON: That's all I have, ma'am. Thank MS. WHITE: Nothing further from the State. THE COURT: Does either side object if I ask any MR. JOHNSON: No, ma'am. MS. WHITE: No objection. THE COURT: You said it first came no your attention in, like, June of 2006 that Titches was possibly being abused? number. We did not know where she was at that point. THE WITNESS: Yes. THE COURT: Did you talk to Arlena about that? THE WITNESS: No. We didn't have no phone My son saw somebody on the bus stop, her cousin or somebody, on the bus stop and that's how we knew. calling around. And that's when we started THE COURT: So did she just drop out of sight JAN CHERIE WILLIAMS, CSR 972-739-3912 135 for a_while? I got the feeling y'all were, like, pretty close and you saw him quite a bit. Then all of a sudden one month it just stops. THE WITNESS: That's when I knew that something was wrong because that is something that she didn?t do. And pretty much so I did not know where she was from about, I guess, the last part of July June, July somewhere in there, right before Titches death. THE COURT: And the last time you had talked with her before that, did you know she was living with a man named Alonzo Turner. THE WITNESS: No, I did not know. The last time I saw Titches was around Easter in April. I saw him around Easter time. And at that time, I didn't know they was living I did not together. I just thought he was just a boyfriend. know that. And I don't know in April if she was really living with him at that time. I really don't know. THE COURT: If she had wanted to get away from Alonzo Turner, she could have moved into your house? THE WITNESS: Of course. THE COURT: Do you not have a problem with the fact that she didn't call the police that day when she left the apartment? Have you accepted that as being an okay thing? THE WITNESS: I have accepted that because of the fact that I know that something terribly was going on with JAN CHERIE WILLIAMS, CSR 972v739-3912 something like that, Your Honor. It's not say, well, I am just okay. I know something was going wrong. When you know a person and they start acting out of character, then you know it is something most likely beyond comprehensiOn that you can even figure out. So when she separated herself like that, I knew something was going on wrong. THE COURT: Would you have left your child? THE WITNESS: I really can't say. I have never been an abusive relationship, Your Honor. So I really can't say what I've done. But I have talked to several people who have been in relationships and that?s what has prompted me towards this law because they said it's not as easy as people think it is. But I really can't answer honestly to that question. THE COURT: That's all the questions I have. MS. WHITE: No further questions from this witness. MR. JOHNSON: Nothing further, ma'am. THE COURT: You may step down, ma'am. THE WITNESS: Thank you. MR. JOHNSON: Call William Wade. THE COURT: Mr. Wade. (Witness sworn by the Court.) JAN CHERIE WILLIAMS, CSR 972-739-3912 137 WILLIAM WADE having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. JOHNSON: Q. Would you state your name, please? A. William Wade. Q. And William, you are familiar why are with Arlena Lindley; is that right?l A. Yes, sir. How did you know.Arlena? That's my son's mother. A Q. How long have you known her? A Probably ever since the year 2000, 2001. And William, you have been here.- You understand what these proceedings are all about. And I told you if you wanted to speak with the Judge, you are welcome to. If you didn't, I certainly wouldn't put you up there. But you told me you would like to talk to the Judge a little bit about Arlena; is that correct? - A. Yes, sir. Q. Can you tell the Judge what kind of mother Arlena was to Titches? A. She was to this point I don't know what happened. But to me she, was a perfect mother. It would be unfair to my son, knowing that he in a better place right now, to sit up and JAN CHERIE WILLIAMS, CSR 972-739?3912 badger her and say that she was just a terrible mother toward my son. Q. William, what are you asking the Judge to do in regards to sentencing.Arlena today? it all comes down to facts. A. Due to the circumstances, THE COURT: I'm_sorry. I can hardly understand you. THE WITNESS: Due to the circumstances, it all comes down to facts and who did what. But I know Arlena wouldn't put my child in no type of position to hurt my son. And the fact is that my son has left through the hands of another man that sat in the same courtroom and I looked in the same direction that showed no remorse. But I can't say the same thing about Arlena. Q. (By Mr. Johnson) You know the Judge has to decide whether to place Arlena on probation or put her in the as the father of Titches, do you see penitentiary. Do you, anything further that would be gained by putting Arlena in the penitentiary? A. No, ma?am. Due to what I know it will do to her mentally. I know I had to go through counseling and all that. But I am pretty sure it weighs more upon her than it do me. But to be institutionalized, it really wouldn?t help. I've been down those same roads, had to be confined and I know what goes through I know what went through my mind. JAN CHERIE WILLIAMS, CSR 972?739-3912 MR. JOHNSON: That's all the questions I have for you, sir. Thank you. CROSS-EXAMINATION BY MS. WHITE: Q. William, I'm going to ask you a couple of questions. Would you like some tissue? Titches would come over to your mom?s house and your mom had a room and everything for him? A. Yes, ma?am. Q. At some point in time you ran into Arlena's cousin that let you know Titches was being abused; is that right? "Ad Yes, ma'am. Q. And at that point you didn't rest. But you tried to do everything you could to get your son out of to that situation, didn't you? I A. Yes, ma'am. You called Yes, ma'am. Q. A . . Q. And when that didn?t work you called the police? A Yes, ma'am. You didn't just call them one time. I don't know about the police, but CPS you repeatedly called them because you wanted to know what was going on with your child; isn't that right? A. Yes, ma'am, JAN CHERIE WILLIAMS, CSR 972?739-3912 They told you e? CPS actually said they went out there; is that right? A. Yes, ma'am.l Q. Do you know whether when CPS went out there they actually talked to Arlena? A. No, ma'am. Q. They reported back to you that they saw Titches and he was fine; is that right? A. Yeah. Q. But you have always been concerned that that maybe they saw another kid, maybe they were hiding Titches? A. Yeah. That?s the thing I brought up with them. Because CPS Q. Because they never took a picture to show what kid they actually looked at; is that right? A. No, ma'am. Q. Then when CPS wasn't able to protect your son, you called the police; is that right? A. Yes, ma'am. Q. Now prior to you calling the police, had you found out that she was living at the Bigalow address? A. Yeah. I had found out that that's where he was at. And I found that out through some of her-cousins let me know that's where she was at. Q. Were you, in fact, calling over there trying to talk JAN CHERIE WILLIAMS, CSR 972*739u3912 DeeDee or him or somebody about your child? A. Yes, ma'am. Q. And did DeeDee ever get on the phone and talk to you? A. She had got on the phone at one occasion, but it was too much going on at the time. And well, now since I know who he was, Alonzo was in the background talking and doing all this. Q. He didn't want DeeDee to talk to you on the phone; is that right? A. No, ma'am. Q. Were you asking DeeDee about Titches when you were trying to talk to her that day? A. Yes, ma'am. Q. Eventually because did you ask DeeDee, just bring him to me, I'll take care of him; I'm care for him? A. Yes, ma'am. Q. Did you say, if he's being abused bring him to me and my momma and we will take care of him? A. Yes, ma'am. THE COURT: You did say that? THE WITNESS: Ma'am? THE COURT: You did say that to DeeDee? THE WITNESS: Yes, ma'am. I was asking her just let me I mean, I don't know what is going on. I'm just hearing it out on by her cousin just saying, well, there is JAN CHERIE WILLIAMS, CSR 972u739-3912 I 142 something wrong. I am just hearing that my son was being abused. And luckily, I had gOt the address and the phone number. And when I had finally got in contact with her, I had just asked her, I said, just let me see him just to make sure, to make sure he was all rightchaos going on in the background, and the phone was snatched and the phone was hung up. And after that, during the same day that was the same day I called the police. Matter of fact, my mother, she had to stop me from just going over to the address. Q. Let me ask you this, William. So you had talked to her. And after that didn't work that you didn't get Titches, you actually called the police? A. Yes, ma'am. Q. And you told the police, my son is over there. He is being abused. Can y'all with them to see about him? A. Yes, ma?am. Q. And the police in fact told you no; isn't that right? A. Yes, ma'am. Q. That if you went over to that house, they would actually arrest you? A. Yes, ma'am. Q. Because you would be trespassing on somebody else's property? A. Yes, ma'am. JAN CHERIE WILLIAMS, CSR 972?739-3912 You respected the authority and said I don't want you stated previously you had been in some trouble and you didn?t want to get in any more trouble. So you said let the authorities handle it? A. Yes, ma'am. Q. Did they tell you they were going to go over there and check on it? A. Yes, ma'am. Q. Never the less, you were doing everything you could to get your son out of the situation you had heard about; is that right? A. Yes, ma'am. Q. And throughout this whole time, not knowing what 'Alonzo was saying, y'all's home, your mother's home, was always open to her to bring Titches? A. Yes, ma'am. Q. And in fact, you even wanted him at this point when you heard that? A. Yes, ma'am. Q. Without telling us exactly what her cousin said to you, were they concerned about his health? Is that why they were telling you? A. Yes, ma'am. Q. And they hadn't really spent any time with DeeDee either, they just happened to see her in passing; is that your JAN CHERIE WILLIAMS, CSR 972-739-3912 144 understanding? A. Yes. Q. And see Titches in passing? A. Yes, ma'am, that's my understanding. Q. When the police you at one point thought I'm just going to go over to the Bigalow address? A. Right. Q. And your mom stopped you from doing that? A. Yes, ma'am. Q. Said, William, don't get yourself in trouble or killed. You didn't know what was going to happen if you got over there? A. Yes, ma'am. Q. But you chose to try to follow proper procedures and call the authorities? A. Yes, ma'am. Q. And as Titches's father, at no time would you have let him be abused, would you? A. No, ma?am. Q. And you sat here through some of this testimony, haven't you? A. Yes, ma'am. Q. And you have heard how many opportunities that Arlena had to actually call the police. You heard that? A. (Nods head.) JAN CHERIE WILLIAMS, CSR 972?739?3912 you sat here today, do you think she should have at some point in time as she was passing by all those phones as Titches' mother, should she have called the police or ambulance or somebody when she was away from.Alonzo? A. Yes, ma'am. Q. You said you were going to get yourself some counseling? A. Yes, ma'am. Q. And you realize that that's going to help? A. (Nods head.) MS. WHITE: Pass the witness. REDIRECT EXAMINATION BY MR. JOHNSON: Q. William, you said the time you talked to her there. was a lot of stuff going on. You knew that this guy wouldn't let her talk to you. You said someone snatched the phone away from Arlena; is that right?? A. Yes, sir. Q. From what you understood, it wasn't like there was never reported to you that Arlena was taking place in helping- anybody abuse Titches.' You understood that it was a situation being caused by a boyfriend that was abusive to both of them; is that right? A. Yes, sir. Q. So this isn't a situation where.Arlena was JAN CHERIE WILLIAMS, CSR 9724739-3912 146 voluntarily involved in anything that was causing Titches any harm; is that right? A Yes, sir. Q. You know Arlena very well, do you not? A Yes, sir. Can you tell this Judge whether you think Arlena would ever cause Titches any harm in any way herself? A. No, ma'am. Q. You can't speak to what may have been going on with Arlena in her mind at the time that her, herself, may have been undergoing abuse, can you? A. No, sir. Q. There is no doubt that she could have called the police. And you said you called the police yourself. At the time you called the police, you didn't have anybody threatening to kill you,ldid you? A. No, sir. Q. You didn't have anybody beating you on a regular A. No, sir. Q. You wasn't afraid that that was going to happen if you called the police, were you? A. No, sir. You understand Q. Arlena may have made a bad decision. that she has spent a year and a half locked behind bars JAN CHERIE WILLIAMS, CSR '972u739-3912 147 already. You understand that? A. Yes, sir. Q. If the Court was to give her probation, would be a probation. I'm sure it Do you believe that would be sufficient for her to pay for the failure to act in the situation she was in? A. Yes, Your Honor. Lindley. sir. MR. JOHNSON: That's all I have. MS. WHITE: MR. JOHNSON: Nothing further. THE COURT: questions, if neither side objects. MR. JOHNSON: Oh, I?m sorry. MS. WHITE: MR. JOHNSON: No objection. THE COURT: Nothing further from this witness, Call Roy I would like to ask a couple of No objection from.the State. Did I understand you to say that you were your mother actually was scared for you and told you not to go out there because you might get hurt or something When you wanted to go after or go see Titches. Is that correct? THE WITNESS: Yes, sir yes, ma'am. Excuse me. THE COURT: And what did you do then? JAN CHERIE WILLIAMS, CSR 972-739-3912 148 THE WITNESS: I stayed at the house and I had called the police. - THE COURT: You called the police. Do you realize that if DeeDee had called the police that day that Titches might still be alive? I - THE WITNESS: Yes, ma?am. THE COURT: Did you hear the doctor say-that this morning? THE WITNESS: No, ma'am. THE COURT: Your weren't here this morning? MR. JOHNSON: Judge, I had the family outside for the medical testimony. THE And did I understand you correctly that you told her, when you did talk to DeeDee, if there is any abuse going on let me have him? Yeah. THE WITNESS: I told her, I said, I'm just hearing_that there is some abuse going on. Matter of fact, her cousin had seen Titches and said Titches had some scratches on his back. And I said, well, let me just see him.' Because I know somebody could just say anything just to start somethingheard see, I didn't know who she was dealing with at the time. I knew nothing about Alonzo until all the allegations started coming up. And I just heard another male in the background hollering and screaming and stuff like that. Next thing you know, you could hear CHERIE WILLIAMS, CSR 972-739-3912 149 tussling over the phone and the phone hung up. THE COURT: After at that point in time you called the police? that was it. THE WITNESS: Yes, ma'am, THE COURT: That's all the questions I have. Thank you. Does either side have anything else? MR. JOHNSON: I have nothing further. MS. WHITE: Just a couple of questions. BY MS. WHITE: Q. You didn't go over there because you were afraid of Alonzo; is that right? A. No, I wasn't afraid. Q. You didn?t go because the police told you not to go? A. Yeah, I was afraid at the time, I was just released. And I knew that I probably would, if they would have called the police for trespassing I would Q. You didn?t want to go back to jail. You had just gotten out from all that stuff, and you didn't want to go back. So when the police told you, don't go over there; we're going to arrest you for trespassing, you just said, I will let the authorities handle it. Is that right? A. Yes, ma'am. MS. WHITE: 1 Nothing else from this witness. 1 II JAN CHERIE WILLIAMS, CSR 972?739-3912 150 MR. JOHNSON: Nothing further. THE COURT: You may step down. MR. JOHNSON: Call Roy Lindley. (Witness sworn by the Court.) ROY LINDLEY, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. JOHNSON: Q. Would you state your name, please? A. My name is Roy Lindley. Q. And you are the father of Arlena Lindley who is sitting here to my right, correct? A. Yes. Q. Roy, will you tell the Judge a little bit about Arlena; where was she born and raised? A. She was born in Dallas, and she was always with me for the last me and her mother been separated for the last four to five years. And so she and her brothers and sister always stayed with me. Q. How many brothers and sisters does she have? A. We have six in all, six children in all. I call it six. Her and her mother I had one and she had two, and we had three together. But I consider all of them.mines. Q. And Roy, what kind of work do you do? A. I do maintenance work. JAN CHERIE WILLIAMS, CSR 972-739?3912 Where abouts? A. Maintenance work and I do courier work and domestic work. Who do you work for? A. I work for Community Title Company and I also work in Highland Park doing ?7 working at houses in Highland Park. Q. Roy, you and I have talked about this several times. You understand the Judge has to decide what to do with Lena down here today? A. Yes, sir. Q. Is Lena a good person? A. She is a real good person. All through her life I never did have no problem out of her at all. She was well behaved. .And when I got on to the kids about something she usually just do it. A lot of times she would just freeze up and wouldn't say anything, you know. Q. Roy, push that microphone away from your mouth and just keep your voice up for me. A. Okay. I'm kind of hard of hearing So I might talk loud. Q. Roy, the situation that occurred, were you real familiar with Alonzo Turner? A. No, I wasn't. I had met him maybe a couple of times. And at the time I met him, he seemed real nice at the time when I met him. JAN CHERIE WILLIAMS, CSR 972-739-3912 And you learned subsequent that he wasn't a nice person? A. I sure did. Q. Did you see a change, kind of, in Lena during that time? I A. First of all, she was doing okay with the boyfriend. And then all of a sudden I seen that they started like staying together because I worked at two jobs. I worked a day and night majority all the time, and stuff on the weekends. So when I seen them and stuff like that, I didn't really notice a change in her right away. But as time went on, when I come home from work, I ask is Lena and Titches at home, have they came by or anything like that. But sometimes she come by. But it got to the point we didn't see her at all. Q. Could you tell the Judge what went through your mind when you found out Alonzo had caused Titches' death? A. Well, I was afraid. it was shocking. It was just unbelievable that it could happen. Titches was a nice grandson. And a lot of times, of course, you know those three years Titches was with me. DeeDee and Titches with me all the time, and a lot of times I kept Titches while she went to school and everything and stuff during the daytime when I wasn't working at the time. I always kept Titches. And Titches was real nice. And she took real good care of Titches all the time. I didn't have no problem.at all. She didn't JAN CHERIE WILLIAMS, CSR 972-739-3912 153 really have to spank him because he was well?behaved. age, he was very smart. just saytimes, you know, he would And Papaw, I sleep with you, so he sleep with me. one of the last time that I seen him, he was over there, and he went to my bathroom and stuff like that. okay. bed. We He said, I asked him was he I'm okay, Papaw. And then he just got in the went to sleep. And the next morning, that's when I went to work and I didn't see him any more after then. Q. Roy, the Judge is going to decide what to do with Lena. And you are here to ask the Judge to give Lena a probated sentence; is that right? A. Yes, sir. Q. Can you tell the Judge what effect being locked up the last coupe of years has had on you? A4 It affected me and her brothers and sister really bad because Titches was all of the brothers and sister, we all raised Titches. together. We all was one family. We all got along good And it tore the family up. But we want DeeDee to come home and hope to get her some counseling and back in school. Because it done hurt us all. We don't want anything to happen to DeeDee. Q. A. Q. So you have a close-knit family? Right, yes. And can you tell the Judge and assure this Judge that if she is given probation that she has a place to come to and a JAN CHERIE WILLIAMS, CSR 972-739?3912 154 group of people around her that will surround her and support her? A. Right. She have a good home to.uncles. My family is ten brothers. Everybody call almost every day asking abOut her, so she got plenty of family members and a lot of family around her and want her to come home. Q. There is no you have no clue Lena there is no question about the fact she would do good on probation. She is not a trouble maker; she follows the rules; is that right? She ain't been in no A. Right. She follows the rules. trouble. She ain?t really no trouble maker or anything. She has been really good. And when she come home, that's what We want for her to go back to school and finish her education and get her some counseling. MR. JOHNSON: Roy, that's all I have, sir. Thank you. THE WITNESS: Okay. CROSS-EXAMINATION BY MS. WHITE: Q. I just got a couple of questions for you, Mr. Lindley. You want me to speak up so you can hear me? A. Yes, please. We have talked on a couple of occasions; is Q. Okay. that right? JAN CHERIE WILLIAMS, CSR 972?739?3912 Uh?huh. Q. And you have told me and told the Court here today that at any time if she thought that Alonzo was being mean to Titches that she could have brought him to your house; is that right? A. For one thing, if she had told me that Alonzo was beating Titches, more than likely something would have happened then if she would have told me that she was getting abused, something would have happened then. We wouldn't have went through a lot. Something would have happened then because I know of different people in the law enforcement and they would give me advice what is the best thing to do to take them out of the situation. Because when you are in abusive situation, it's hard to get out of and stuff. And if you don't get them out right away, if you say you are going to do something, if it doesn't happen then, more than likely the person is going to get hurt worser. It will make things worser instead of better. But if I know something was happening to her, my own daughter getting beat up and my grandson, close as we was, something would have happened then. Q. Okay. A. Because by law there is something you could have did that they would have been out of it and he wouldn't have been I would have made sure some able to come around them anymore. kind of way something would have happened. JAN CHERIE WILLIAMS, CSR 972?739?3912 Yes, sir. But by her being abused and me not knowing it and stuff, if somebody had known they were abused if they reported it, it wasn?t nothing happened then they just make things worser for Titches and for her. But if I had known and that's my baby girl, too something would have happened then by law. I know a lot of people in law and something would have been done about it. Q. at that house, A. Q. A. And she has brothers, older brothers that also live right? Right. They could have, at any time, protected her too? Yes, they would have. Uh?huh, yes. more questions. MS. WHITE: Thank you, Mr. Lindley. I have no MR. JOHNSON: Nothing further. THE COURT: You may step down, sir. THE COURT: Okay. Thank you. MR. JOHNSON: Call.Arlena Lindley. THE COURT: Raise your right hand, please. (Witness sworn by the Court.) ARLENA LINDLEY having'been first duly sworn, testified as follows: JAN CHERIE WILLIAMS, CSR 972?739?3912 157 DIRECT EXAMINATION BY MR. JOHNSON: Q. Would you state your name, please? A. Arlena Lindley. Q. Arlena, how old are you, ma'am? A. Twenty-two. Q. You turned 22 in jail; is that right? A. Yes, sir. Q. Did you turn 21 in jail, too? A. No. Q. How long you been in jail, over 15 months? A. Tomorrow it will be 15 months. I Q. Ms. Lindley, you understand what you are accused of and what you have pled guilty to, is failure to make sure Titches got some help on the day he was killed. that? A. Yes. Q. You have heard everybody second guessing what think you should have done and what you could have done day. whatsoever as to the extent of what Alonzo was doing to that day? A. Yes. Q. Do you understand the question? A. Say that again. I couldn't hear you. Could you tell the Court whether you had any idea You understand they that Titches JAN CHERIE WILLIAMS, CSR 972*739-3912 Did you have any idea how Serious the beating was that Alonzo was giving Titches that day? A. Q- NO. Did you have any idea that Titches was even possibly going to die from the injuries that he would receive? A. Q. NO. You did not call the police. Can you tell the Judge why you did not call the police? A. scared. And at the time, I didn't call the police. I was afraid. I was I thought I was being smart. I thought if he told me to go to the store, I was going to go to the store. I thought better. Q. I thought if I do what he say, he will calm down. if I do what he say that it will make it a little You and I have spoken about this before and talked about your relationship with Alonzo. Alonzo, when he would lose his temper, he would lose his temper if people didn't do what he says? A. Q. Yes . People argue with him, wouldn't do things the way he wanted them done; is that right? A. Q. Yes. If you just did what he wanted or get along with him, then he would calm back down? A. Yes. JAN CHERIE WILLIAMS, CSR 972?739?3912 this morning right here, is that what you thought was going to happen, if you would do what he would tell you to do? A. Yes, sir. Q. As strange as it sounds, on the day that this happened, you told me that you felt like you were doing the right thing? A. Yes. Q. That's what you were just kind of talking about. But after watching him hit Titches and stick his w? did you aCtually see him stick Titches' head in the toilet? A. No. Q. I'm sorryanother room when he did that; is that right? Yes. A Q. And Latricia told you that; is that right? A. Yes. I But did you have any idea that the things he was doing to Titches that he was trying kill him? A. No. Q. Did you have any idea that Titches was seriOusly hurt like he was? A. No. JAN CHERIE WILLIAMS, CSR 972-739?3912 160 'that it will work out better. Q. If you had had any indication that Alonzo was going to kill him or hurt him real bad, would you have called the ambulance? A. Yes. I wanted to then. Q. I'm sorry? A. I wanted to but I just thought if I do what he say But I wanted to. Q. You had had a pretty the relationship between you and Alonzo, he didn't start off beating you, did he? A. No. He didn't start off beating Titches? .A No. I Q. What caused that stuff to change? A I have no idea. Is it just he didn?t beat you every day and didn't hit Titches every day, did he? A. No. How often would that happen? A I can't say. Q. It happened a lot more than once or twice, right? A Yes, sir. Was it.once a week or once a month? A. Maybe like once every two weeks. It depends w? it depends on Alonzo?s mood. He just snaps. You never know how he is going to be when he wake up in the morning. JAN CHERIE WILLIAMS, CSR 972?739?3912 If . Arlena, You have never before been convicted of any crime, convicted of any felonies in this or any other state or any federal jurisdiction; is that correct? A. Not a felony. Q. I'm sorry? A. Not a felony but a misdemeanor. Q. You got arrested for a marijuana charge once; is that right? A. Yes, being at the wrong place at the wrong time. Q. That was back when you was in high school? A. Yes: I Q. Was it tenth grade or eleventh? A. Eleventh grade. Q. But you haven't been convicted of any other crimes or anything like that; is that right? A. No, sir. Q. This Judge has to decide what to do with you today, Arlene. What would you like ask the Court to do? A. I just -- I would ask to be free because he took my son's life just like he has taken mine's also. I actually thought I was doing the right thing. actually thought if would do what he say he would calm down. I actually I actually thought I was. Q. And the days before or the times before when he would hit you or he would spank or beat Alonzo (sic), he wasn't JAN CHERIE WILLIAMS, CSR 972?739?3912 162 breaking bones and putting him in the hospital, he was just being too rough; is that right? A. Yes. Q. So you had no reason to think this was like any other day? A. No. Q. Were you making plans and trying to find a way to get away from.Alonzo? A. Yes. Q. What was your plans about that? A. was planning on just doing what he say. As soon as he go to sleep or go to work, I was leaving. I done tried to leave plenty of times. Q. What would happen if you try to leave? A. - He will follow or he will call, find where I am at, calling, threatening. He actually called and threatened to kill my family if I didn't come. Q. To kill who in your family? A. Everyone in the house, that was his exact words. You think you bad, I will come over there and kill everybody over there. Q. Arlena, knowing what you know now, would you have called the police? A. Yes. Q. No question about.it? JAN CHERIE WILLIAMS, CSR 972-739-3912 questions about itknow that did you? A. No. Q. When you came back home or when you came back home before you went to the grocery, you saw that Alonzo had cleaned up Titches, didn't you? A. Yes, sir. Q. And you had no idea as he was laying there he was actually dying? A. No, I did not. MR. JOHNSON: I will pass the witness. CROSSHEXAMINATION BY MS. WHITE: Q. Arlena, now we have met; isn?t that correct? Yes, ma'am. Q. In fact, I mean, you were going to testify against Alonzo Turner? - A. 'Yes, maiam. Q. New, let's start on that_morning. That morning, Latricia Love came over there? A. Yes, ma?am. Q. Now before she got over there that morning, when Alonzo got home he was trying to make Titches eat some Mini Wheats or some kind of cereal? A. Yes. JAN CHERIE WILLIAMS, CSR 972?739?3912 - 164 mad? Q. A. Q. And since Titches wouldn't eat the cereal, Alonzo got Yes, ma'am. And Titches had also used the bathroom on himself; is that right? repeatedly with a belt that morningYes, ma'am. And that morning he was angry with Titches for that? Yes, ma'am. And in front of you, he actually whipped Titches Yes, ma'am. For using the bathroom on himself. first whipping he gave him? out, you were going to leave Alonzo. Q. Yes, ma'am. That was the very And then you and Alonzo got into an argument? Yes, ma'am. He told you to pack your bags and get out? Yes. So you were planning on leaving him that day? Yes, ma'am. When you were back there packing your bags to get to pack your bags and leave, right? A. Q. Yes, ma'am. No fear. You were going Later on that day, I guess 30 minutes later, Latricia JAN CHERIE WILLIAMS, CSR 972?739?3912 165 shows up; is that right? A. Yes, ma'am. Q. She comes in and talks to you about the fact that Titches is standing outside eating. She thinks it?s oatmeal but it is some kind of cereal in a bowl, right? A. Yes, ma'am. Q. He brings Titches back into that room where he throws him up against the wall. You saw that. A. Mwh'm. Q. And he hit his head. You saw that. A. Yes, ma'am. Q. You saw him while y'all were in that room put Titches' face on the floor and rub it into the carpet. A. Yes, maiam. Q. Because Titches had spit up the oatmeal after he had hit him; is that right?- A. Yes, ma'am. Q. He also hit him again with that belt in that room that day; is that right? A. Yes, ma'am. And then, in your own words, he choked him? Yes. .A Q. And you saw all that happen; is that right? A 'Yes, ma'am. Now, you are not telling the Court you had seen JAN CHERIE WILLIAMS, CSR _972-739?3912 166 Alonzo do that time and time again and you thought that it was no big deal, are you? A. No. Q. _You realized what was going on, on that day, was very serious; is that right? A. I didn't know it was going to end up the way it was. Q. Okay. But did you know that what he was doing by slamming him against the wall and putting his face did you see him stand on his chest, or you didn't see that? A. I didn't see that. i Q. But you saw him choke him, slam him up against the wall, put his face in the ground, knew that he had dunked his head in the toilet. A. I didn't see that, ma'am. Q. You didn't see that part? A. No. Q. But you were told about that; is that right? Yes, ma'am. Q. And in fact, when Titches came back in the room, he was wet from up here, right? A. Yes, ma'am. Q. So you knew that that what you were told and you saw evidence of that actually happening; isn't that right? A. Yes, ma'am. Q. And through this whole time, while he is throwing him JAN CHERIE WILLIAMS, CSR 972-739?3912 . against the wall and all of the beating that is going on, what are you doing? A. Crying, packing. Q. You are just packing your clothes? A. Yes. I Q. And then but yOu recognize that in that moment that was a serious beating that was happening; is that correct? A. Yes, ma?am. Q. In the past you stated in the past he didn?t Alonzo had whipped Titches with a belt before; is that correct? A. Yes, ma'am. Q. In fact, you've looked at the pictures that the Judge has. You have looked at some of those when we met the first time; isn't that right? A. Yes. Q. And you showed me some of the old scarring of where you said Alonzo hit him with a belt, right? A. Yes, ma'am. Q. But in the past, Alonzo hadn't thrown him up against the wall and dunked his head in the toilet and slammed him on the ground and all of that? A. No, ma'am. Q. So this beating was a lot different than what it had been in the past; isn?t that right? A. Yes, ma'am. JAN CHERIE WILLIAMS, CSR 972?739?3912 And you even told the Defense attorney that I wanted to call the ambulance. You wanted to call the ambulance, didn't you? A. Yes, I did. Q. So you recognize this was a situation where the ambulance or the police should have been called since you wanted to the call them? A. Yes, ma'am. Q. Now, after he does all of that beating in that room and you are packing your stuff to leave, you decide to finally leave; is that right? A. Yes, ma'am. You and Latricia decide to leave? A. Yes, ma'am. And at that time, you stated and Latricia even stated that you wanted to take Titches with you; is that right? A. Yes, ma'am. Q. You and Alonzo get into an argument at the door and you are not able to take Titches with you; is that correct? A. Yes, ma'am. Q. Now was that right after he had just finished slamming him up against the wall and beating him.and everything like that? A. Yes, ma'am. -Q. At that moment were you afraid for Titches? JAN CHERIE WILLIAMS, CSR 972?739e3912 169 Yes, ma'am. Q. So when you walked out the door in fact, you were so afraid you wanted to take him with you? A. Yes, ma?am. Q. Because you were so concerned about what Alonzo had done to him; is that right? A. Yes, ma'am.. Q. Were you concerned about what Alonzo was going to keep doing after you left? A. Yes, ma'am. Q. Okay. You thought, possibility, he might just keep up with this mode of anger and continue to abuse this child? A. I wouldn't -- I didn't think so. Okay. You left Yes, ma'am. with concern about your son? M?h?m. Q. And then my understanding is, You left there and went to a pay phone, is that right? I A. Yes, ma'am. Q. Y'all rode around a little bit and then went to a pay phone? A. No, we went to the pay phone. Went straight to the pay phone. A. Yes. The pay phone did not work. JAN CHERIE WILLIAMS, CSR 972?739-3912 and see some of the pictures? Q. Exhibit Number 27 is the pay phone you said y'all went to that didn't work? A. Q. picture of a Domino's Pizza and right to the side of that is a 7?Eleven? A. Q. 7?Eleven also? A. I have no idea. Q. This pay phone right here on State's Exhibit Number 29 and I'll put them closer if you can't see is exactly directly across the street from the beauty supply; is that right? So you are saying the pay phone didn't work? The pay phone did not work. MS. WHITE: Judge, may I approach the witness THE COURT: Yes. (By Ms. White) Now, this is the pay phone ?5 State's Yes, ma'am. Am I right on State's Exhibit Number 28, that's a Yes, ma'am. Now are there pay phones at the corner of the Yes, ma'am. Did you know whether that pay phone was there then? NO. You don't know? 3 H'm?m. JAN CHERIE WILLIAMS, CSR 972?739-3912 Okay. You went to those locations and you said you tried to use the pay phone; is that right? A. Yes. Q. But it wouldn't work so y'all then went to one of Latricia's friend's house; is that correct? A. Yes, ma'am. Q. When you went to the pay phone at the beauty supply, who were you planning on calling? A. I don't know. THE COURT: Speak up, please. THE WITNESS: I don't remember. Q. (By Ms. White) You don't remember. When you left the house; you don't remember who you were planning on calling at that first pay phone when it didn't work? A. No. Q. You left that pay phone and you went to Latricia's friend's house; is that right? A. Yes. Q. And at that place were you allowed to use the phone at the friend's house? - A. I really don't remember using the phone there. Q. You don't remember using the phone theredid call his cell phone. Q. So at the friend's house you called Alonzo?s cell phone? JAN CHERIE CSR 972?739-3912 Yes. Q. And why were you calling him? A. Because we went baCk to the apartment and he was no longer there. Q. So you had gone back and seen that Alonzo had actually left? A. Yes. So you were calling him; is that right? A Yes. At that time, were you concerned for your child? A. Yes. I asked him where my son was. What did he say? A He said they was at the hospital. Q. So he even told you at that time that he had taken Titches to the hospital? A. Yes. Q. So at that point in time, not only did Alonzo know how serious it was, but you knew how serious it was? I A. Yes. Q. You knew it when you left there that he needed to go to the hospital? A. Yes. We met back up at the apartments. Q. Well, I_am going to get to that. But you call him And on that same conversation and y?all talked on the phone. he told you, I'm just kidding. I didn't really take him to the JAN CHERIE WILLIAMS, CSR 972?739?3912 - .I 173 hospital. I went to get my check. Right? A. He said we was going to go. Q. Did y'all A. When we meet back at the apartment, he said we was going to go to the hospital. Q. That y'all were going to go to the hospital? A. Yes. Q. Because both of y'all knew he needed to be hospitalized? A. Yes. Q. So you left the friend's house. And then y'all went to Anthony Love's house; is that right? A. Yes. Q. And at Anthony Love's house, Latricia is telling Anthony about what y'all saw Alonzo do that day, right? Yes. I Once again, there were phones there; correct? Yes. Did you call anybody then? I called him. Yes, I did call him back to see was he back at the house. Q. You were calling him back? A. To see if he was back at the house, yes. Q. And at all these times, you have yet to pick up the phone and call the ambulance or police or anything of that JAN CHERIE WILLIAMS, CSR 972-739?3912 174 nature; is that correct? A. Yes. Q. But at this time, since_you left out that door, you_ said that you knew he needed to go to the hospital and you actually wanted to call the ambulance? A.- Yes. Q. So y?all leave Anthony Love's house. You and Latricia go back to the apartment? A. Yes. To meet up with Alonzo? Yes. A. Q. And he is there and Titches is there? A Yes. They are the only two there. His brother is long gone? A. Yes. .Q. When you get in the house, Alonzo and Titches are in the bathroom; is that right? A. Yes. And Alonzo has put a Band?Aid of Titches' head? Yes. He had put moth balls in the bathtub? Yes. He has actually bought some Pepto?Bismol? teeters Yes. JAN CHERIE WILLIAMS, CSR ?972-739"3912 has changed Titches? clothes, right? He said Titches? stomach was_hurting. 10 330 He said Titches' stomach was hurting? A. That's why he wanted to take him to the hospital. He said Titches' stomach was hurting. Q. Now, did you know did you link it all up, the fact that he had been abused with the fact that his stomach was hurting? Did you make that determination? A. No, I did not. Q. So even though you didn't know that early on, you still thought he_needed to go in the hospital and call the ambulance} right? A. Yes. Q. So you get-home, and now both you, Latricia and Alonzo is there. And this time, he has calmed down, right? A. Yes. Q. He isn't yelling and screaming and threatening you or anything of that nature? A. No. Q. In fact, he's gotten his check, and you said he said y'all were going to take him to the hospital, right? A. Yes. Q. When you get there and go back to the apartment, do y?all make some decision not to take him to the hospital? A. No. He told me that his mother was going to take us JAN CHERIE WILLIAMS, CSR 972-739-3912 K53 the hospital. Q. Okay. And when we called his mother, his mother was like ?w I'm not trying to be funny, but she got to go pick up Jarvis, which is her grandson. Q. So his mother said she wasn't taking you? A. Yes. We also asked Latricia to take us to the hospital, but she had to take that man's car back. Q. So y'all get back to the apartment. And Titches and Alonzo are in the bathroom, and you and Latricia come in? A. Yes, ma'am. Q. And his mom is supposed to take you are still trying to get him to the hospital. because y'all He is sick? A. Yes, ma'am. Q. He is injured, but his mom can?t take you; is that right? A. Yes. Q. Now one of the three of y?all had a phone. Who had a phone? A. .Alonzo. Q. So while you are in there in that house, there is still a phone there when y'all are trying to decide how Titches is going to get to the hospital, right? A. Yes. Q. But y'all don't call at that moment. Nobody calls JAN CHERIE WILLIAMS, CSR 972?739n3912 the hospital? A. Right. Q. Y'all Titches and Alonzo -- A. He actually tells me that if I call, they are going to take my son away from.me. Q. So then you didn?t call because your were more worried about them taking him from you? A. I couldn't get the phone from.Alonzo. Q. Okay. So you tried to get the phone from him? A. Yes. Q. So you walk into the living room and Alonzo and Titches come into the living room, correct? A. Yes. Q. And Latricia is in there also, right? A. Yes. Q. And at this time Titches is appearing to be tired and sick, isn't he? A. Yes. He says he is tired. Q. He says he is tired. And Alonzo is making him run back and forth from.the table to the chair or to the wall or something of that nature, right? A. And I thought he was just trying to be cruel. Q. Okay. I couldn't hear. What THE COURT: I'm sorry. was the last thing you said? JAN CHERIE WILLIAMS, CSR '972-739w3912 'thought that he was trying to be cruel because he said my son was tired. I thought he wasn?t going to let my baby lay down. Q. (By Ms. White) So you thought, once again, Alonzo was being cruel and being mean to Titches? A. Yes. Q. And he is making Titches run back and forth. And. Titches is saying, Momma, I am tired? - A. Yes. Q. And he is not running fast like a little kid, he is, in fact, kind of stumbling and wobbly, right? A. Yes. Like clearly something is wrong with him. A. I thought, actually, he was tired. You thought he was just regular tired? A I thought that Alonzo's being cruel. I didn't know yes. Q. Still this whole time, y'all are waiting on somebody to maybe take you to the hospital? A. Yes. Q. So after he has made him run back and forth and back and forth, he goes and lays Titches down? I A. Yes. Q. Did you go back there with him.to lay him down? A. No, I didn't go back there with him. JAN CHERIE WILLIAMS, CSR 972?739-3912 goes and lays him down. And at that point in time, he gives you some money for y?all to go shopping? A. He sends me to the store. He sends you to the grocery store? A. Yes. Or to the different stores? A Yes. Q. And while y'all are out shopping, y'all go to the beauty supply and get you some beauty supplies, right? A. Yes. I was just doing what I thought was right. If I just do what he tells me, get what he tells me then he will go and I will leave. That's what I thought I was doing right, doing what he say. Q. And then you went to the Dollar Store, right? A. _Yes. Q. Then you went to Minyard's and shopped and bought A. Stuff he told me to buy, yes, ma'am. Q. And you heard Latricia testify that y'all were gone about 15 minutes. But in reality, y'all were gone probably a little bit longer than that. Maybe 30, 45 minutes. A. Yeah. Q. And during that 30, 45 minute timeanybody?s house or stop at any pay phones to call the ambulance? JAN CHERIE WILLIAMS, CSR 972-739"3912 No, ma'am. Q. You knew at that time that his mom wasn't going to come take him to the hospital, right? A. Yes. Q. You knew Latricia couldn't take him? A. Yes. Q. So A. His momma eventually popped up when my son was already gone. Q. But at that time you didn't know if his mom was going to get there and take Titches to the hospital, right? A. No. Q. At Minyard's and the places that y?all went around there, were there places where you could have used the phone? A. Yes, they had pay phones. Q. But you still didn?t use the phone during that period A. No. Q. And at this point in time, even though you had been sure the whole time you should have called the ambulance, you still had an opportunity to call 911 or somebody, right? A. Yes. Q. And Alonzo is not with you while you are at this grocery store and things of that nature, right? A. No. JAN CHERIE WILLIAMS, CSR 972?739-3912 10181 You and Latricia get back to the apartment? Yes. Go in and take the groceries? Yes. And then check in on Titches and she leaves? Yes. You then go in and see Titches, rightWhen you go in and see him this time, something is going on with'him, right? A. Yes. Q. He is acting funny, maybe kind of turning back and forth in the bed and just kind of acting different? A. Yes. Q. Right? A. Yes. Q. Is the cell phone you ?f or that Alonzo had still in the house at that time? A. Yes. He had it. Q. He had the phone? A. Yes. I Q. Did you go into the kitchen and say.Alonzo, Titches is acting funny. I need to go ahead and call the ambulance or '911 at that moment? A. No. I stayed in the room. JAN CHERIE WILLIAMS, CSR 972?739H39l2 You stayed in the room --. A. And Alonzo came and said, uh, these groceries need to be put up. So I went to go put the groceries up and I came back. Q. Okay. So when you are in the bed room and Titches is acting funny, was his eyes open or kind of open, or do you remEmber? A. Yeah, they was open. Q. You said he was kind of acting funny. You stayed in the room and Alonzo came and got you out of that room, right? A. Yes. Q. And he brought back he told you to come in here and put up this food. A. He said it going to ruin, yes. Q. The food was going to ruin? A. Yes. Q. So you actually came back in there and put up the food and then came back, right? A. Yes. Q. And when you came back in that room the second time, Titches wasn't moving; is that right? A. Yes. Q. And you recognized that he wasn't breathing, right? A. Yes. Q. .At that point in time, did you call Alonzo back to CHERIE WILLIAMS, CSR 972?739-3912 183 the room? A. I don't remember if I called him in the room or he came in the room. Because I went through like a shock, I guess _you could say. Q. M?h'm. A. And all I know he came. He was like, he all right. He all right, girl. He all right. And I was like I couldn't say nothing. I knew he wasn?t all right. That's when the he called the police. THE COURT: That's when what? THE WITNESS: Called the police. Q. (By Ms. White) So at that moment the police were called? A. Yes. Q. Now, in fact, Alonzo actually made the phone call to the police, right? A. Yes. Q. He is the one who called 911 or whoever? A. Yes. Q. And then the police -- the 911 or the ambulance shows up first, right? Yes. And they come in and take Titches on out? Yes. And you?all are still there at the apartment? JAN CHERIE WILLIAMS, CSR 972*739-3912 Yes. He wouldn?t even let me go out to the ambulance. He said I couldn?t be out there. Q. Alonzo said that? A. Yes. Q. So what did you do? A. I just stayed in the house. Q. You stayed in the apartment? A. Yes. Q. The ambulance eventually took Titches away, right? A. Yes. Q. Now, you said Alonzo's mother showed up. She came after the ambulance had already been there? A. Yes. Q. Eventually the police show up; is that correct? A. Yes. Q. And when the police come, one of the police officers actually take you down to the hospital; is that right? A. Yes. Q. And you have an opportunity to go into the room and see Titches, right? A. Yes. And then-another police officer, a female police officer, actually takes you from the hospital down to the police station? A. Yes. JAN CHERIE WILLIAMS, CSR 972-739-3912 Now, when y'all went to the store, it was you and Latricia, right? .A. Yes. Q. And she was still driving the car that she had borrowed? A. Yes, ma'am. Q. But that is the same car she had to get back to the person whose car she had loaned? A. Yes, ma'am. Q. Now, you said that Latricia had to get the car back. Did you know that before y'all ever went to the grocery.store? A. Yes. I didn't even want to go the grocery store. Okay. A He paid Latricia to take me to the grocery store. Q. So he actually gave her some money to take you? A Yes, ma'am. Q. So in that period of time, about 45 minutes, you and Latricia or any of y'all could have taken Titches to the hospital in Latricia's car? A. Yes. Q. That same 45 minutes y?all spend at the grocery store, you could have taken him to the hospital? A. Yes. Q. Okay. A. But he steadily acting oh, if you take him, they JAN CHERIE WILLIAMS, CSR 972?739?3912 186 are going to take your baby. If you take him, they are going to take your baby. We had an argument about it, yes. Q. So at that moment he wasn't really threatening you, but saying you are going to lose Titches. If you take him to the hOSpital, they are going to take him away from you. He was threatening you with CPS or the police taking him from you? A. Yes. Q. Now when you went to the hospital originally and talked to the police, you told them one version of events but on your own actually came back and told them the rest of the story? To be honest, ma'am, I probably did. But I really do not remember talking to I probably did, but I do not remember talking to a police. The only people I remember talking with, the people in the family room. Q. Okay. And one of those could have been a police officer? A. Maybe so. Q. But you don't remember? A. I don't even remember writing down, but I could have. But honestly, I do not remember. Q. You had aCtually had a chance to see Titches there at the hospital. They let you go in and see him? A. Yes, ma'am. Q. You have talked about the fact that Alonzo was JAN CHERIE WILLIAMS, CSR 972-739-3912 187 abusive to you. And in fact, throughout the process of your relationship with him, y'all have always had problems; isn't that right? A. Yes, ma'am. Q. When you first started dating Alonzo, you actually lived at home with your dad? A. Yes, ma'am. Q. And Alonzo would come over and kind of got into it with your family because he was being disrespectful? A. Yes, ma'am. Q. So he leaves and you leave with him? A. Yes, ma'am. Q. The first time you leave with him to go stay with him, is it the Bigalow address or his mother's address? A. It was at his mother's, and then eventually went to Bigalow. Q. Parts of those times when you are living with him, you have left Titches at home with your family to take care of him? A. Yes, ma'am. Q. Eventually you go get Titches and take him to where you are living with Alonzo? A. Yes, ma'am. I Q. Throughout your relationship, there were times that he had threatened you and I think you said at some point threw JAN CHERIE WILLIAMS, CSR 972?739?3912 bullet out in the yard or something like that. He was mean to you. A. Yes, ma'am. Q. And during the times of your relationship when he would do that, you would actually leave him? A. Yes, ma?am. Q. You have left him and went back home to your dad's? A. Yes, ma'am. Q. You have left him and went to stay with friends? A. Yes, ma'am. Q. So it wasn't a situation where you could never leave because, in fact, there were times when you left him; took Titches and left? - A. Yes. There was a time I had to hide from him. Q. You had to hide from him but you left him? A. Yes. Q. And in fact, right just prior to this happening in October, hadn't you left him right before then? A. Yes. Q. And moved out and was staying were you staying at your family's house or a friend's house? A. A friend's house. Q. So you had moved out and was staying somewhere else and then went back with him this very last time; is that right? A. The very last time I was staying with my father. JAN CHERIE WILLIAMS, CSR 972-739-3912 You heard William and Ms. Lee talk about the fact that they had called CPS and the police at some point in time? A. Yes. Q. Were you aware they had called CPS and the police? A. Yes. Q. Was this when you were living at the Bigalow address? A. Yes. Q. CPS did, in fact, come to the Bigalow address, didn't they? A. Yes, ma?am. Q. And you were there and you talked to CPS, right? A. Yes, ma'am. Q. And did you actually bring Titches out so CPS could look at Titches? A. They came by twice. Q. Okay. A. One day he actually said that we was gone, but we was actually in the back room asleep. Q. Who said you were gone? He tells me A. Alonzo. I just so happened to walk in. to go back. But I come in. And the second day they came, they did see Titches and they did take pictures. Q. Okay. So CPS comes over and Alonzo tells CPS that you and Titches are asleep A. Yes. JAN CHERIE WILLIAMS, CSR 972?739-3912 front of him that I felt or not there? Yes, we are not there. But really y'all were in the back room? YES. And you came out and actually saw YES. But you didn't talk to them that day? Yes. I talked to Okay. You talked Yes. And did they take No. They kept me CPS. to them that same day? you outside or in front of him asking me questions that I couldn't answer in front of him.because it would make the matter worse. Q. And when CPS left that day, they gave you a contact number where you could call in and talk to them? No. Q. They came back the next day? A. Yes. Q. And you were there? A. Yes. Q. Was Alonzo there? A. I don't remember. I believe so. I don't remember. Q. Now he worked, right? A. Yes. JAN CHERIE WILLIAMS, CSR '972-739-3912 What times did he work? A. He worked nights v? afternoon, nights. Q. So CPS came out there a second time to ask you was there anything going on with Titches, and they talked to Titches, right? A. Yeah, they talked to Titches. Q. And you brought him out there so they could talk to him and see him? A. Yeah. Q. And at that time you didn't feel free enough to tell CPS that he was being abused? A. 'No. Was he being abused at that time? A Yes. Q. By Alonzo, he was whipping him with a belt? A Yes. Q. You did learn that William actually called, then, the police, right? A. Yes. And did the police come over? A. Yes. And the police came over. And did they speak with A. Yes. Q. Were they speaking with you about Titches' safety and JAN CHERIE WILLIAMS, CSR 972-739?3912 192 whether he was being abused? A. They came and flashed a flashlight on Titches and they asked me if Alonzo ever Q. And you told them? hit me. I told them no, because Alonzo was standing by me. So he was standing .A A. When they asked me. right there by you when And you didn't feel safe with the police there? A. Because if the police would have left, yes, he would have hit me for saying that, Q. Do you know or know if you had said yes he is beating me and my son whether or not with the police? if I told on him. you would have been able to leave A. I didn't know that. But you stayed with him? Yes . Yes. A. Q. And then y'all eventually got in your own place? .A Do you remember talking to William and him asking you, just A. Yes, ma'am. let me have my son, or let me see him? Q. And at any time did you agree with that, or you didn't want him to see him? A. I wanted him to see him but I Alonzo wouldn?t let me. CHERIE WILLIAMS, CSR 972?739-3912 the time your cousin that actually saw y'all at the bus stop? Kim? A. I-don't remember seeing her at Q. Okay. Do you know how William was being abused? A. Now I do from today, yes. Q. So at some point in time, just ride the bus and go places, right? A. Yes. which cousin was it Do you know? Was it a bus stop. found out that Titches you and Titches would Q. And Alonzo wasn't around you 24 hours a day such that you couldn't leave and go places, right? A. Yes. Q. You could ride the bus to your needed to go home? A. He will take me over there. _He will take you over there ?4 dad's house if you It was just about we was together 24 hours. A. IQ. Okay. A. He was very, very jealous. Q. But there were times when you went out with Titches that he wasn't there, right? I mean, you and Titches went places without Alonzo, right? A. Well, if it's not Alonzo, it was one of his family members. JAN CHERIE WILLIAMS, CSR _972?739~3912 that whole y'all never rode the bus. That just didn't happen? A. With him, he went to doctor's appointments with me yes, I was always with him. Q. Now you said he worked. Where did Alonzo work? A. When I_first met him he was working at UPS. And then Borden's. THE COURT: At where? THE WITNESS: Borden?s milk factory. Q. (By Ms. White) When he worked at UPS, what hours did he work? A. I believe it was like 3:00 to maybe 10:00, or something like that. Q. And when he worked at Borden's, you said he worked like a night shift, like 11:00 to 7:00; where you go and you are there all night? A. Yes. Q. So through those hours of 3:00 to 10:00, 11:00 to 7:00, he wasn't actually there? A. No. Q. And in fact, when he worked at Borden's and he was working that 11:00 to 7:00 shift when you lived at the Sunnyvale address, y'all's last apartment, it was just you and Titches there? A. Yes. JAN CHERIE WILLIAMS, CSR 972-739?3912 195 Right? YES. His family wasn't there? No. Q. Nobody was there to keep you from picking up your stuff, packing and leaving and going home to your family, right? A. No. Q. You have brothers? A. Yes. Q. And had you gone home to your daddy's house, your brothers would have made sure you were safe, right? A. Yes. Q. They are not scared of Alonzo? A. Yes. Q. And your daddy would have made sure you were safe, right? A. Yes. Q. You have heard Ms. Lee testify and William testify that at any given time you could have left Titches at their house. Your knew that, right? A. Yes. Q. Ms. Lee was a great grandmother. And that's her daughter back here. And she would have helped take care of him. And William, right? JAN CHERIE WILLIAMS, CSR 972?739?3912 196 Yes. So he had a safe place to-go? Yes. And you had a safe place to go? Yes. Q. When you throughout the periods of time when you were leaving him, did anybody know why you were leaving? Were you telling them why you were leaving, breaking up with Alonzo? A. I told some. Q. But you just didn't tell it all? A. NO. Q. So from the moment you left -- one question. From the moment you left that morning the very first time with Latricia, you wanted to call the ambulance and take him to the hospital and that really never changed; is that right? A. Yes. MS. WHITE: Pass the witness. REDIRECT EXAMINATION BY MR. JOHNSON: Q. Arlena, if the Judge gives you a chance on probation, term or cOndition of probation? A. Yes, sir. .can you assure this Court you will not violate any law or any Q. What do you want to do with the rest of your life? I want to go to school, finish my education. JAN CHERIE WILLIAMS, CSR 972*739?3912 What do you want to be? A. I want to go to school for cosmetoloqy. MR. JOHNSON: That's all I have, Judge. MS. WHITE: Nothing further from the State. THE COURT: I have just a couple of questions, if neither side objects. MS. WHITE: No objection. MR. JOHNSON: No objection. THE COURT: What time of day Was it when 911 was finally called? THE WITNESS: It was the afternoon. THE COURT: Was it around 3 o'clock in the afternoon? THE WITNESS: No. It was maybe like 1:00. THE COURT: Was it one time or more than one time that Titches said, momma, I'm tired? Was that before you and Latricia ever left or was that after y'all had left, passed up the pay phones and come back? THE WITNESS: It was after we left. THE COURT: And was he crying at the time? THE WITNESS: When he was saying he was tired, no, ma?am. - THE COURT: Before you ever left with Latricia, he was crying. JAN CHERIE WILLIAMS, CSR 972?739?3912 198 THE WITNESS: Yes, ma'am. THE COURT: And you just sat there? THE WITNESS: No. I tried to help my son. THE COURT: I'm sorry? THE WITNESS: No, I tried. I didn't sit there. II tried to make him stop. THE COURT: What attempts did you make? What did you do? THE WITNESS: I yelled at him so he would get the attention off of Titches, and that's when he came at me. THE COURT: And what was Titches doing then? THE WITNESS: He was crying. THE COURT: And was he still crying when you left the house with Latricia? Because I THE WITNESS: I don't remember. remember I was trying to get my son. I don't remember. Because I had him. _He snatched him back. I don't remember. THE COURT: Did you say something about moth balls? THE WITNESS: Yes. THE COURT: What were the moth balls for? THE WITNESS: I have no idea. That is something he bought. THE COURT: And when he said, momma, I?m tired; did you go pick him up? CHERIE WILLIAMS, CSR 972?739?3912 199 THE WITNESS: I told him let him lay down. I told Alonzo I thought he was being cruel. I said, let him lay down. And he went and took him to lay down. THE COURT: You told Alonzo, let him lay down. You didn?t go over there and pick him up yourself? When he said, THE WITNESS: He was with me. momma, I'm tired, he was with me. He was with me. THE COURT: And was he bleeding at that time? THE WITNESS: I didn't see any blood, no. THE COURT: Did you not see bruises? THE WITNESS: I seen ?u no. THE COURT: Was he just dressed from head to toe? THE Yes. He had on long johns. He _had the BandeAid on his forehead. THE COURT: Did you not see the bruises on his hands? THE WITNESS: NO. THE COURT: That's all the questions I have. MR. JOHNSON: Defense rest. MS. WHITE: Nothing further from the State. THE COURT: Ma'am, you may step down. Both sides rest and close? MS. GRIFFITH: Judge, I believe we have one brief rebuttal witness Carmen went to go get. JAN CHERIE WILLIAMS, CSR 972-739-3912 200 (Pause in proceedings.) THE COURT: Back on the record. You have a rebuttal witness? MS. WHITE: Yes. Just one witness, Judge. THE COURT: You may proceed. DIRECT EXAMINATION BY MS. WHITE: Q. Ma?am, could you state your name and spell your last name for the court reporter. A. My name is Officer Tracy Clemons. And Officer oh, spell your last name please. A Q. And how are you currently employed? A I work for the Dallas Police Department. And as of up until today, you were out on medical leave because you had surgery? A. Yes. Technically I am supposed to be back on light duty tonight. Q. And you had been previously routed to come today; is that right? A. Yes, ma'am. Q. Now you what shift do you work? A. I currently work first watch, but that started back I was originally on second. in October. Q. In October 2006, what time did you start work? What JAN CHERIE WILLIAMS, CSR 972?739?3912 201 time did you go to work? A. 8:00 a.m. Q. And you worked until what time? A. 4:00 p.m. Q. Now on October 14th, 2006, were you along with several other police officers, sent to an apartment Princehall and Sunnyvale? A. Yes, ma'am. Q. And once you arrived, were you instructed to go to the hospital? A. Yes, I was. Q. Had you been informed that a child had been taken to Children's Medical Center? A. Yes. Q. Did you then go to hospital? A. Yes. Q. And while at the hospital did you come in contact with the child's mother? A. Yes. Q. Now a detective was also there or eventually showed up; is that right? A. Yes. But she was transported by another officer. Q. Meaning transported from the apartment to the hospital? A. Yes. We left around the same time. JAN CHERIE WILLIAMS, CSR 972*739-3912 And she was transported in the car and you actually followed that car? A. Correct. Q. You were not assigned to actually investigate this case; is that correct? Correct. You were just a patrol officer that day? $3 Yes, ma'am. Q. Was it your duty to then take Ms. Arlena Lindley from the hospital to the police department? A. Yes, to Child Exploitation. Q. To Child Exploitation. And in that transfer were you placing her under arrest or just giving her a ride? A. At the time the detective said she Was just a So I was just witness. They didn?t have all the information. a transporter. Q. You were just giving her a ride over to the police department? A. Yes. She wasn't in handcuffs. Q. During_that transport or when y'all were getting in that car, were you able to observe her demeanor? A. Yes. Q. Now, were you there when she had an opportunity to see her child before or during the time that the doctors had pronounced him dead? JAN CHERIE WILLIAMS, CSR 972?739?3912 Yes. Q. And your were able to observe her demeanor then? A. Yes. Q. And observe her demeanor in your car; is that correct? A. Yes. Q. Did from the time she actually saw her child to her demeanor in the car, did it change? A. Yes. Q. And can you tell the Judge how she was behaving in your car as you were transpOrting her to Child Exploitation? A. At the time, I already had the radio, not the good time radio on. Q. Like a radio was placing music? A. Yes, it was playing music prior to her getting in my car, and it was already on. And as I was driving, then I was aware that I was on the radio station. So I started to turn it down. You know, I didn't want to bother her at the moment. And she told me not to don't worry, I don't have to turn it She wasn't like dancing to music or down. And she was calm. anything, but she kind of bopped her head. And I asked her did she want me to call anybody prior I mean, in route, while we were going there so somebody could meet her there. And she said no. She was just very calm. Q. So after y'all leave the hospital where she had just -JANICHERIE WILLIAMS, CSR 972-739?3912 204 seen her son, she was just calm and kind of bebopping to the music, said you don't have to turn it down? A. Yes. Q. You were trying to be sensitive because she had just lost her child? A. Correct. Q. Did you just take her on to Exploitation? A. Yes, I did. I Q. And as you let her off and took her to Exploitation, did her demeanor change? Did she ever become extremely upset in your presence? A. N0. M5. WHITE: Pass the witness. BY MR. JOHNSON: Q. Ma'am, are you familiar with what people undergo when they undergo an experience that causes them to go into shock? A. Yes. Q. How are you familiar with that? A. 'Personal experience and experience that I?ve seen other people while I am working. Q. And the main thing you can say about people and how they react when you are in shock is that no two people act the same, do they?_ A. Correct. JAN CHERIE WILLIAMS, CSR 972*739-3912 Are you trying to tell the Judge that Miss Lindley was bebopping to music in the car? A. Q. A. I stated. That's not what I stated. Well, the prosecutor just said that she was bebopping .on the way to the station? No. I said that she was not bebopping. That's what I stated that she kind of did her head like this, like bouncing to the music but nOt in a way like the music was loud and of like if Q. mind or ho you? A. Q. no idea A. Judge. objects. he was so into it, into the music. She was just kind you hum to yourself, and you just humming like this. You had no way of knowing what was going on in her I she was reacting to losing her child's death, did NO. Well, I am not in her head. If you were in her head that's all you really have Just from the demeanor what I seen. MR. JOHNSON: That's all I have. MS. WHITE: Nothing further from this witness, MR. JOHNSON: Nothing further. THE COURT: I have one question if neither side MS. WHITE: No objection. THE COURT: Did she appear to be high on drugs JAN CHERIE WILLIAMS, CSR 972?739-3912 alcohol or anything like that? THE WITNESS: I seen her from the time she got out the car at the hospital, so it was a difference of when we were at the hospital to the time she got in my car. So it was when we arrived there Can I explain that? THE COURT: Sure. THE WITNESS: When we arrived to the hOSpital, we didn't know. I didn?t know if the child was deceased. We just knew the child was being transported. So we were under the impression the child was still alive at the time. So she went into another room, and I went into the room to see the status. But by the time they told her, yes, she did cry. She did cry. But she didn't ?e I don't know. As you say, everybody handles stress differently. Their emotions are different. But it wasn?t to the point to where I would think that as a mother you would be really upset. And by the time she got to my car, it was just more of -- she was just real And kind of not so much out of it, calm. She was real calm. just calm. She was aware of everything but she was just calm. I don't know how else to explain it. But it wasn't on drugs or in a zombie state. She was just calm. THE COURT: That's the only question I had. MS. WHITE: Nothing further from the State. MR. JOHNSON: Nothing further. JAN CHERIE WILLIAMS, CSR 972-739?3912 207 THE COURT: You may step down. May this witness be excused? MR. JOHNSON: No objection. THE COURT: You're excused. THE WITNESS: Thank you. MS. WHITE: Your Honor, at this time the State would rest. MR. JOHNSON: Defense close. MS. WHITE: State closes. THE COURT: Counsel, do you believe your client is mentally competent? MR. JOHNSON: I do,_Your Honor. THE COURT: Ms. Lindley, I will accept your plea, find that you are mentally competent to enter that plea, and find your plea was freely and voluntarily made. Based on the evidence presented here today, I do find you guilty of the offense of injury to a child, guilty beyond a reasonable doubt, as charged in the indictment. Does either side have any additional evidence on punishment? MS. WHITE: No additional evidence, Your Honor. MR. JOHNSON: No, ma'am. We would like an opportunity to argue Judge, if you could. THE COURT: All right. MS. WHITE: State will waive right to open; JAN CHERIE WILLIAMS, CSR 972-739-3912 '24 25' 208 reserve the right to close. THE COURT: Mr. Johnson. MR. JOHNSON: Judge, this whole case gets down to a situation which I am troubled by, in some respects, because I am sure, as the Court is, you heard many testimony and instances of testimony from people and are aware that it is impossible to predict the behavior of individuals undergoing certain factors, people who_are abuSed, people who have a history of being threatened and abused violently. You can't say how they should act or how you would act if you were them because you can't make that statement. It?s a statement that's impossible to make. So what you have to do is you have to look at what you know about the individual and try to make an estimation of the character of the person and what is in their heart. And, I mean, we are here because everybody is second guessing what Arlena Lindley did on October 13th, 2006. It's real easy for everybOdy to sit back and second guess it, but it's impossible for anybody to really be informed about it. Now, I_submit to the Court that the most telling evidence before this court and I don't_think you could ever have a more compelling case for a probated sentence -- is the fact that the people that knew.Arlena best have come before the court and asked you to place the defendant on probation, including the grandmother and the father of the child, the deceased child. JAN CHERIE WILLIAMS, CSR 972?739-3912 209 And again, it's real easy for everybody to sit there and say, well, you went by a pay phone; you did this. But Judge, there is absolutely no evidence other than the fact that Alonzo Turner was a mean, ugly person, there is no evidence that he had ever injured that child in the past to any extent like he did on this particular date. The doctor testified there was evidences of some old injuries but nothing that was of a severe or serious nature. He didn't say that there was evidence of broken ribs, broken bones. That's the kind of thing you see in a case where_ someone has a history of abuse, chronic abuse, that rises to the level of where someone is aware or should be aware that that particular person's actions are likely to cause death on a particular occasion. I Now this was a bad case. I'm going to tell the Court wright now that there is absolutely zero evidence before this Court that the injuries that were inflicted upon Titches resulting in his death were even inflicted on that child in front of this defendant. We know that child was spanked. We know that child was made to push his head down on in floor. But we have no evidence that the majority of the infliction of these injuries did not occur while the defendant and Latricia were gone from the home. There is no way to say. There is no way to say that this defendant had any actual knowledge that this abuse had risen to the level that it did, which rose to JAN CHERIE WILLIAMS, CSR 972?739?3912 210 the causation of this child's death. And there is no doubt that.Arlena Lindley was worried and concerned. She has told the Court, I thought if I just did what he said, he would calm down. That's the way it had been in the past, and it had never risen to this kind of level. I mean, there is not even a history that this child had ever been hospitalized for any previous injury. So we have got an abusive person. We?ve got somebody that some of the most telling statements that Arlena made in this was that when she had tried to leave him in the past, he called and threatended to kill everybody in her family. So you got a person who is undergoing this decision.making process, which everybody wants to sit back down and second guess. And say, well, it's just an easy, clear?cut decision what you should have done. And I submit to the Court that is it not. And I believe that if the Court takes into consideration the Court's own knowledge from these instances and from what Ms. Cathy Lee had said, that she is gone trying to instigate litigation or legislation that would address this situation. And the Court I think probably the best answer that was given in this entire hearing was when the Court asked Ms. Lee, would you have stayed if it was your son. And she looked you right in the in a moment of pure truth and said, I can't tell you what I would have done because I wasn't in that position. JAN CHERIE WILLIAMS, CSR 972?739-3912 have talked to many people in that position and there is no easy answer. There-is no easy_answer. And my question to the Court today is what if the Court is not going give Ms. Lindley a probated sentence, what is appropriate? What is appropriate for being an abused mother and an abused girlfriend? How much time should she have to spend in prison, and more for being in a situation beyond her control. And I submit to the Court that when you are a battered spouse or battered wife or battered girlfriend, then you are as much a victim of what I have got beside me is another victim of.Alonzo Turner. Just like Titches was a victim, she has been incarcerated for 15 months and with what amounts to virtually a zero prior criminal history. One prior arrest for marijuana. And when you have a person in the family come down here and they testify that they want to nurture her to get her back into society, what value is it going to do to our community to lock her up forever or a single more day. Will she ever find herself in this position again? Will she ever say, well, here is this situation. Well, I better do this or else I may have to go to prison again. I submit that that's not something Arlena Lindley is ever going to allow herself to get into. And I can certainly submit to the Court that around the group of people and friends and family that she has, they are not ever going to allow anything like that to occur again. JAN CHERIE WILLIAMS, CSR 972-739-3912 212 _is, you don?t know. This is a once in a lifetime situation that Arlena Lindley found herself in. And it's easy to say I would have done different or I would have done this. The truth of_the matter You don't know. You don't know all of the circumstances of what life was like when you try to leave somebody. On this particular day, she tries to grab her son to get him out of there. The guy threatens to kill her, knocks her to the floor and threatened to kill her friend. And so it?s just not easy to second guess it. And.I am going to ask the Court to assess a probated sentence. I was hoping to ask the Court for a sentence of deferred adjudication. I understand I am assuming this Court has already made the finding of guilt. I?d ask for a long, extensive probation. Even the probation report, the PSI in this case, tells the Court that this woman is not going to be any risk of not making probation. And to only equate the loss of her son and say that she needs to go to prison for it, I think is a short?sided way to look it. We have to look at the factors behind it. I couldn't imagine the situation where I would walk into a court with a woman accused of being involved in the death of a child like this and have the father of that child, have the grandmother of that child, have the family of that child come in here and speak on behalf of the person. JAN CHERIE WILLIAMS, CSR 972-739?3912 213 Alonzo Turner is doing a life sentence for what he did to Titches. He deserved it. He probably deserves worse. But I submit to you Arlena Lindley does not deserve any more time locked behind bars. Probation, I submit to the Court, would be the appropriate sentence. MS. WHITE: Judge, the State believes that we don't have to assume and guess what would have been appropriate because the defendant herself said, I wanted to call the ambulance. 'She said she wanted to call the ambulance and call the police from the minute she walked out the door that morning. But instead of doing that, she went to a pay phone; didn't know who she was going to call, she said. She went to several other phones and continued to call the defendant, heard him say he was going to take the kid to the hospital. Comes back. They don?t get a ride there. She leaves again and is around, to her own testimony, other phones in Minyard's, at a Dollar Store, at the beauty supply, and not one time did she stop to call the police or ambulance. Although she said from the beginning she knew this was something that she needed to call the ambulance for, Judge. And that right there is why she is guilty of this offense, and that right there is why she should be punished for this offense. Dr. Barnard testified that had someone sought treatment before the bleeding got too bad that maybe the doctors could have saved his life with a blood transfusion. JAN CHERIE WILLIAMS, CSR 972?739?3912 25' 214 Now the defense is absolutely right. We don?t know when it got too bad. But we do know that after she left the house and traveled around and made phone calls and came back to the house, Titches was still alive. And we do know that after she left and went to the grocery store and came back, according to her testimony and Latricia's testimony, he was laying in the bed apparently still alive. At some point throughout that time, they could have saved him. And, yes, Judge, Latricia Love, as the Defense said, could have called the paramedics to. 'She doesn't have a legal obligation to do so. The police couldn?t charge her with that. But as your probation department stated -- he is absolutely right. He said Ms. Lindley would succeed on probation. 'Those witnesses who testified before you today, Ms. Lee and Mr. Lindley, I don't doubt that everything they said on that witness stand was sincere and from their heart. And I do believe that they would step up, Judge. But as your probation officer said, just because somebody would likely succeed on probation doesn't mean they deserve a probation. And he even says that based on the circumstances, this case is really not appropriate. The Defense says what are you going to did that's going to make a difference? Well, this will make a difference because people need to know, women need to know that you are supposed to protect yOur child. No one was asking her to fight JAN CHERIE WILLIAMS, CSR 972?739-3912 215 Alonzo there in that apartment that day. We wouldn?t expect that. It came out through Latricia and Arlena that he had threatened them. He had threatened to kill them. We have no reason to dispute any of that. But when she left and when she had protection and when she had the availability to seek help for her child, she didn't. And she told you that at the end, well, the reason I didn't call is because I was afraid that CPS was going to_take him. Well, wouldn't that have been the best thing to happen, because that's what William Wade begged CPS to do and they failed him. And that's what he begged the police officers to do, and yet they failed him and maybe could have removed that child a long time ago. But that opportunity that CPS would have had would have been a good thing because maybe today we wouldn't be standing here in court looking at autopsy photos if CPS just would have stepped in and taken that child. And on that day, that's what she was worried about. I was worried about losing my son. Well, she lost him but it wasn't to CPS custody, and it wasn't to anybody that these people will ever get a chance to see again. She lost him because of her inaction. Yes, Alonzo Turner did every one of those acts and there is no doubt about that and we have never accused her of doing any of those acts. We did accuse her of failing to be a responsible mother. And on that day, she had a responsibility to Titches. He was JAN CHERIE WILLIAMS, CSR 972?739-3912 216 three years old, Judge. She had a responsibility that when a grown man threw him against the wall and whipped him repeatedl with a belt and choked him, and he shoved his face in the carpet and caused all those injuries, and then when he picked her child up and took him to the bathroom and dunked his head in a toilet and brought him back and he was wet, she had a responsibility. And don't you know that little boy knows his mother. Don?t you know that he was thinking, why isn't my momma doing something? But she didn't; she walked out of that house. And whether she was scared or not scared, it?s not for me to interject how her feelings were. It's not for me to interject what a mother would do. When she left that house she had an absolute responsibility by law to protect her child, and she didn't. And she missed every opportunity to do that. And Anthony Love testified that when they were talking about it, I'm not here she had a smirk. Well, maybe she was in shock. to define that either, Judge. But she went back to the house and conversated with Alonzo Turner and said they wanted on the ambulance. That right there told you from day one, from the minute this all happened, she knew this was serious and something that that child needed help with. And maybe we would be here on an injury case. But, Judge, we wouldn't be here on a case where this family had to bury their child and their grandchild. State is going to ask JAN CHERIE WILLIAMS, CSR 972?739?3912 217 and the State did take into consideration and the Defense _attorney is absolutely right, the State she was willing to testify for the State and the State took that into consideration in it?s sentence in its plea bargain offer. We took that into consideration, Judge. And I told you at the beginning when this plea started and I told Defense counsel I would do this, I would be honest with you, to the Court, that the State did offer her ten years. But we are here today to say, Judge, this is not, We don?t believe, appropriate sentence for probation. You got to make a statement. You got to not only let her know what she did was wrong, but you got to let everybody out there know that that is wrong and that a mother should step up, and when phones are out there that you are supposed to call the police and the paramedics. 'You make the Titches Lindley plan actually have some effect, that somebody can come and get that child and rescue that child that that mother is supposed to step outside of all that, step outside of protecting herself and lay her life, if she has to, on the line for her child. I'm not asking her to do that, Judge, but asking at a minimum for to call the authorities. And because of that, Judge, the State believes this is a prison case. We are going to leave it up to the Court. We believe that the Court will make the appropriate decision. The Court will make the appropriate decision on the amount of JAN CHERIE WILLIAMS, CSR 972?739?3912 218 condition. time she spends in prison. But we are going leave it up to the Court and we believe that here today, Titches deserves his final justice. MR. JOHNSON: May I respond, Judge?_ I will be glad to let her respond also. THE COURT: Okay. Just briefly. MR. JOHNSON: It will be. It gets back to the point I made a minute ago. This young lady is a victim, and she has lost her son. And everybody that's been in this courtroom has told you she is as much a victim of this incident as was Titches. And she's been locked up for 15 months, and I submit to the Court that that is sufficient. It's not like Ms. Lindley had the resources to go out and make bond and never sit in jail. But she has been locked up for 15 months thinking about her son every day, and what was going to happen here. And I can promise you that she would trade her position for that of her son if she had the power to do so. But she is powerless, just like she was on October 13th. The only point I am trying to make is if she hadn't been punished, if she hadn't sat behind the four walls of a jail cell, I may even agree to some extent that there has got to be a consequence, and she has sufficiently paid for her inaction. If she had never been inside the walls, maybe it would be an appropriate case for probation with 180 days as a But, my God, she has been locked up for 15 months JAN CHERIE WILLIAMS, CSR 972-739?3912 219 away from her family and her loved ones and the loved ones of her son. And I think that's an overriding factor because it just gets back to the same question. How much time is enough? She may have been able to save the life of her son, but she did not cause the death of her son. How much time is enough for failing to make a phone call? I submit to the Court that 15 months and a teneyear probation would be sufficient. MS. WHITE: The State has no response, Your Honor. THE COURT: Ms. Lindley, please rise. I'm going to say a few words. These are some of the worst facts I have ever seen on a poor child. Like the prosecutor said, this is the last justice for Titches. The evidence showed me you were more worried about yourself than your child on October 13th, 2006. You failed to protect him from.that horrible beast you were living with. You had a duty to protect your son, and you let him down. You didn't nurture him when he needed you the most. Having found you guilty beyond a reasonable doubt of the offense of injury to a child by omission, I now set your punishment at 45 years confinement in the Texas Department of Criminal Justice. Is there any reason in law why your client should not now be sentenced? CHERIE WILLIAMS, CSR 972-739H3912 220 MR. JOHNSON: No reason at law. THE COURT: Then it is Order, Judgment and Decree of this Court that you be taken by the Sheriff of Dallas County and by him safely held and thereafter transferred to an authorized receiving agent for Texas Department of Criminal Justice where you shall be confined until this sentence is satisfied or otherwise discharged in accordance with law. Your sentence will begin today but you will receive credit for all of the back time that you have already served. That concludes this hearing. JAN CHERIE WILLIAMS, CSR 972?739~3912 221 STATE OF TEXAS COUNTY OF DALLAS I, Jan Cherie Williams, Official Court Reporter in and for the Criminal District Court No. 6 of Dallas County, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record in the above?styled and numbered cause, all of which occurred in open court or in chambers and were reported by me. I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, offered by the respective parties. I further certify that the total cost for the preparation of this Reporter's Record is Sl?iki and was paid/will be paid by Witness my hand the 2008. ii ?Md I. Cherie 'l iams, CSR c.aS CSR 54?- Official Court Reporter Criminal District Court No. 6 Dallas County, Texas 133 North Industrial Dallas, Texas 75207 Telephone: 972?739?3912 Expiration: 12/31/2009 day,of JAN CHERIE WILLIAMS, CSR 972?739-3912