AH VICTORIA 31W - a I LT I I a: LINEN (WA DRLARDMA. DDMES NER- IN THE NAME AND Rv-DIE-mm-m?m mm. AND ACTIND DISTRICT ET IN - R-LAHDMA, AND DN HIS DATH INRDIDAS THE AND FDR DRLAHDMA CD DISTRICT CGURT THAT ONCE 30m DAT DIP DDTDEER, 211'! I. A D.. THE CRIME DR MURDER IN THE MHTED IN DRLAHDMA CDUNTT DRLAHDNIA. wrr'H IITICTDRIA HTFREDDT MEMBER AND CDNIDINTLT PHAHHTHARA-TH. WILFULLT DR MALICIDUSLT INIDR ED. MAIMED. DR USED UNRBAECJHAHLE FDRCE mm?: A CHILD UNDER THE ADE DE EIDHTEEN YBARE. A.H., THREE TEARS DF ADE. ET EEATIND ARI. DN DR ABDUTTHE EIDDT AND CADSIND HER TD STRIRE HER HEAD DN A HARD SERVICE, MDRTAL WOUNDS WHICH CAUSED HER DEATH DN TIIE SETH DAT DP I. TD THE PRDTISIDNS DF SECTIDN TDI DR TITLE RI AND TITLE DF THE DKIARHDMA STATUTES, AND ADAIN ST THE PEACE EECTIDH TI 1.5 AND THE STATE 0F EDI II All, THE CRIME UF CHILD DN DR AEDDT THE SETH DAT DI- WAR FELDNIDIISLT IN DRLAIIDMA DRLAHDMA, ET FREDDT MENDES. WED DR INIDRED. MAIMED DR DSED DE DE EIDHTEEN {13] TEARS DE IJHREASOHAHLE FDRCE UPON A CHILD UNDER TH A AGE, A.H-, WHCJ WAS AT THE TIME THREE YEARS DF AGE, GEAEBIHG AIH. HT HIE NECK AND THRUWIHG HER DNTU THE CDUCH, THE 0F 34.] 0F TITLE 21' THE STATUTES. AHD TI IE PEACE AND UP THE OF UH UR JEITH DAT UF OCTOBER. EDI I, THE CRIME. IDF ENABLING CHILD IN DKLAHDMA CDUHW, ET COUNT 3 ABUSE WAS RESPUNSIELE FUR GR WELFARE. PRDCUHED. DR PERMITTED THE MENDEE, A PE UF AJ-L, WI-IU CIR. MALICIDUSLT CALI ABUSE I'll" A UNDER THE AGE SIXTEEN 0F BY CAUEING, YEARS OF AGE, TD SUFFER. AN ACT BF I-RDEDRRIND, DR A.II.. HARM DR TI IR EATENED HARM TD HER HEALTH DR SAFETY ST TICTDRIA RIIANI-ITHARATII. ET TERMITTIND TIDTDRIA PHANHTHARATH TD AH, AND TAILIND TD TRDTEDT AIL. TD THE PRDTISIDNS DE SELTIDN 343.5 HF TITLE 21 0F THE DRLAI-IDMA STATUTES. AND AGAINST THE PEACE AND UIGNITY OF THE STATE OF DR 4 DN DR ARDDT THE SETH DAT DT 2m I. AD. THE CRIME D1: CHILD ABUSE WAS IN DRLAHDMA CDUNTT, DKLAHCIMA-. ET RHANI-ITI-IARATH. WI-ID DR MALICIDUSLY MAIMRD DR USED DNREASDNASLE TDRDE LIPDN A DRIED UF EIDI-ITEEN TEARS OF AD TD-WIT: AH, NHD AT THE TIME TEARS DE ADE, ET STRIRIND AH. AND CADSIND SRLIISES, CDNT - 3- 15,, RRD TISIDNS DR SEDTIDN S43 DF TITLE 2 OF THE EKIQ 5:20 - .. -: i i- 55:54,rs?EPm?T-Tm? TEAEE BF - . TD HEH HEALTH on I. BYE Pawn FREDDY MENDEETE EEAT . . .. comm To THE Sanctum; BFTITLB 21 01? THE EHLAHEMA ETATUTEE, AHE A?msr THE PEAEE AND DIGNITY OF THE STATE DF I .P DAVID W. PRATER DISTRICT DIETHICT H0. '1 DELAHDMA CULINTT, DELAHDMA BY I I ASSISTANT DISTRICT ATTORNEY ('uunly: gamma"). Last Name: Mendez 1: DOB: 08/22/1987 -- Arm: Dun-1 mun/2m Case 11-086682 Related (tune Offense anest for Stale Felony or misdumumlm chzn'gt: 843.5.A Child Abuse; 0.8.5. 2| -843.5.B Per! (i Abuse; O.S.S. 2l-7OI.7.C-Murder in the First Degree ol'u Child>> m, 7 Synopsis of arrest to include all elements of the crime: 0" |0/30/l| Foreman #08! 7) responded to Children's Hospital on a call ol'a 3~ycnr-old child that - 7 was-unresponsive and had bruises all over her body. Upon arrival at Children's Hospital [spoke with Dr. Jr Stuemky. Dr. Stuemky told me 3~you VlvAJl. had a "massrve" skull fi'acture with a small sub--Dnral hematomn, Vl--Arll. also has seven: brain swelling and is not expected to survive her injuries. also has numerous bruises all over her body. On l0/30/ ll Victoria Phanthtaranth (mother of victim) and Freddy Mendez (step-father of Victim) were interviewed at OCPD Headquarters. Both were read their Miranda Rights from 8 Waiver formt Both agreed voluntarily to speak to us without an attorney present. Victoria Phanthtaranth admitted she shoved VI-A.H. out of fiustration causing the victim to strike her head on a wooden baby bed. She said when this occurred the victim's eyes rolled back in her head and she began choking. Victoria said Freddy had been yelling and screaming at for not eating. She said Freddy told her to go get a shoe so he could spank with it. Victoria said she went and got a brown braided leather shoe and Freddy began hitting the victim all over her body with the shoe Victoria said Freddy is always hitting the victim. She described seeing Freddy pick the victim up by the neck and "shake her like a rag doll" on several different occasions in the past. Victoria said today Freddy became even angrier and told her to take care of the victim because he did not want to deal with her. Victoria said into a bed room and was yelling at her telling her to eat. She said and t'rustrater so she shoved VI-A.H. and she hit her head. ..- Ill?" lullfvt: fl-l ?1.71_rffi . I: 'it'fiw?h?' 415111 Slammed her down onto a eoneh. i' . seeount for causing bruising and injury to this 1.r'ietim. I fi??f? H11 sueeumbed to her injuries, medics] personnel at Children?s .1 Hospital deeinied as deceased. I I swear thee-hose true; belief. and eorreet to the best of my knowledge and foieer: _Commission _s . u? - Subscribedw I to me this ;ds}r.of Od- 21sea." . . My CommW Notary Pubho I have reviewed the shore information and believe the elements exist for an arrest beSed on e. Supervisor: i Commission M37 I This eourt herring eondueted probe-hie. cause-determination for the above named person ?s srrest without warrant ?ndsDProbsbie sense for the person?s srrest existed at the-time of the arrest. Arraignment before Magistrate is ordered Probable cause for the person?s arrest did NOT exist at the time of the arrest. The person is ordered released from custody immediately. Done this do}r of . 20 at Ii. lr-I-'V. LutNlme: Hangar-rang Inf-"1k mm - Am" Case #r #086682 Related Cue #1 lony or misdemeanor charge) 1 8435.3 Permitiin Pb in! Chil A Ofiense(Wan-ant1ess arrest for State Fe 843 5 ical Child Abuse' 05 . 21-70l.7 C-- Murder in Lhe First ematoma, VI-AH, a1so has severe brain swelling and is not expected to survive her injuries. VI-AJ-I. also has numerous bruises all over her body. On 10/30/11 Victoria Phanthlaranth (mother of victim) and Freddy Mendez (step-father of victim) were interviewed at OCP Headquarters. Both were read their'M'u'anda Rights lion: 8 Waiver form. Both agreed voluntarily to speak to us without an attorney present. Victoria Phanthtamnth admitted she shoved VI-A.1-I. out of frii'sn'ation causing the victim to strike her head on a wooden baby bed. She said when this occurred the victim 's eyes rolled back in her head and she began choking. Victoria said Freddy had been yelling and screaming at for not eating. She said Freddy told her to go get a shoe so he could spank VI--A.H. with it. Vict oria said she went and got abrown braided leather shoe and Freddy began hitting the victim all over her body with the shoe. Victoria said Freddy is always hitting the victim. She victim up by the neck and "shake her like a rag doll" the past. escribed seeing Freddy pick the on several different occasions in Victoria said today Freddy became even angiier and told hermttika care the Victim because he did not want to deal with her. Vietori/a said she'malevweh mm room and was yelling at her telling her to so she shoved V1--A.H. and she hit her . l??l?l W+A?mnmbedtah?v . - - . - undue! . H?spmf denim VIA-H. as mum ?f?eer: ff _Commiasin 5 77? State of?id home .. 1.3.3- ?l p4 Subscribed and sworn to me this Expires: Notary; Publie assess I have the arrest based o?ob Supervisor; - 1 Commisslon above information and believe the necessary elements exist for an This court having eondueted a ?rebable cause determ' - . . . matiunfor - Person?s arrest without a warrant finds: I t?h?ghgv? DProbabie cause for the person's arrest existe Arraignment before a Magistrate is ordered at 211.911.11.153: Sherma- DProbabie cause for the erson?s arre - - - - - arrest. The I NOT exist? mg person is ordered released from custody "1an H- IN THE DISTRICT COURT OF CCUNTY FILED IN DISTRICT STATE OF QKLAHDMA COLT1m: ral?TE o?mnom, LE 46 P1uir1titf, f:n ?12243? {0'77 CREE ND. FREDDY MENDEE, VOLUME IV of Defendant. TRANSCRIPT OF CUNTINUATIDN CF JURY TRIHL PROCEEDINGS HAD DH THE 25TH DAY OF SEPTEMBER, 2013, BEFORE THE HDNORABLE KENNETH C. WATSON 'alr'iri'k'ir'k IN COURT OF CRIMINAL APP STATE OF OKLAHON FEB 2 4 2014 mam. I. 3. menu Emu Reported by: Tara Nixon, RPR: ERR 321 Park Avenue Oklahoma County Courthouse Oklahoma City, Oklahoma DISTRICT COURT OF DELHI-10M - OFFICIAL TRANSCRIPT EJKESFHHIQ 0' 6110!! HI. Mlle! District Attorntya 320 Robtrt S. Kerr Suite 505 Oklahoma City, Oklahoma 73102 ?w EIEALP OF THE DIFINDINT: :un. HUDBOH Attorney at Law Hudann Law Office 1315 N. Shartal Avenue Oklahoma City, Oklahoma 73103 Tltaxman . n; .- .9 II JMRB. CATHERINE Assistant Public Defenii?' 320 Robert S. Kerr Suite 611 Wt Oklahoma City, c0031 0! o? . a? - TABLE OF CW3 '?ureqey, september 26, 2013 PAGE elume ;?lume =elume 55??784 valuma IV'VB?-l??l an BegeLF'eF THE enema geeIN testified: ;greet Exam by Mr. GiegerMr. HudsonDDMINGUEZ continued: h?direet Exam by Mr. Gieger903 JEETDRIA PHANTHTARANTH - testified: g?rect Exam by Mr. Gieger . . . . . . . . . 905 iiPHANTHTARANTH - eentinued:_ it: ahntinuing Direct Exam.by Mr. . Iii??tness Out of Time: MORRIS GESSOUROUH - .Qreet Exam.by Mr. Gieger.;tjtheme, I .CTORIA PHANTHTARANTH :?ntinuing Direct Exam 'V?orter'e 1'90 - "We .. .t .. .n-u-?Ir angered a - able eraqqured in 9'15 a'T-r and am: You may be seated. Good morning' Mal?'5'; . - . m: 1 hope everyone had an outstanding t, and we're ready to start again this mrning. State Ham: to call you: first witness. It. arm: Eon: Honor, thank you. State calls Dc-inguez. m: Hs. Dominguez; you want. to raise your: hand before you sit (?own? RDBIH MINE-SUEZ.- oalled as a witness on behalf of the State, and ?og first been duly sworn, testified as follows: am: Just have a seat and pull that lich around in front of DIRECT HR. 61m: 9. Please state your A. Robin Dominguez. .- 9' ming '1 of Victoria manthta' - i A. Yes, I do. 9? I saying 7-: I . mi 7'91 Phanthtaranth. Q. Phanthtaranth is the way you say it? Uh-huh. Q. I probably won?t get that right. A. It's okay. Nobody does. 9. How long have you known her? Five Years now. Q. Can you tell the jury just a little bit about [our relationship with her, how you met and how that ;-lationship developed, please? .hm I.met her about five years ago through my i-yfriend at the time. Her boyfriend at the time was ?riends with my boyfriend and we met through the ear gcene, became friends and hit it off ever sinoe- -Q. Her boyfriend at the time was ?ayla?dr?awkm??i }s that right? .A. Correct. Q- And you said you.met throug?g??eia?iyasi?: what you mean by that? 4. .., I I'm involved in i- guess, if you want to call it greasy: iiwkinsf he was inv?lvEd in dtfyugs: [a time and she was 91 Still not exactly . st a. - fifting? I. 792 A. Drifting is basically where you take your car no you can make it go sideways around a truck, you have r-tacles. Okay. So car racing? 15. Car racing, correct . On "hen you met Victoria and Dayland Hawkins did an guys hit it off. did you become friends, when ppened? .3, First day I met her we were best friends ever Ence. Q. You just had a connection with her? .hr Yes. Her boyfriend and my husband.now went to- -gh school together and they were associates. but other and Vickie, Vick is what I call her, einoo'ue bacllp ,iends they became friends again and'ue huRQ'out ll -obably every day. IQ. Ma'am? Every other day. I'm I m? I just said every Q. You hung out every da. -LL 4 point during that associang;, ?Ckie or Ms. Phanthtaranth arking? She was a stripperr' H??i?m mm'? 793 Q. ch did that ccme ahcut? Well, first cf all ?cw did ycu feel sheet that? A. I dcn't really like stripping, . I think that's a ,heap way tc make and self respect, ycu lese self eespect fer ycurself. Q. Did that cause between the tee cf you? .A. Me. I mean, ViCk can make her chcices, but she A'dn't want tc dc stripping either, she didn't like it. hated it. Q. She had expressed that to ycu? .A. Many timesDayland made herstrip, and if she didn?t there euld be ccnsequences when she get heme. Q. Is it fair tc say that as that relatienshie 'ntinued yen develcped a dislike f. .A. Ccrrect. .- a e, 343;: I vi I. Q. At SOME pcint I and the jury has aetu?Vhifgeexf eclence incidents and the peliegq?gyg place, and ycu're aware Qf??iif?my. Yes, uh-huh. Q. Were you with Vickie {e?i??ef -rcugh that precess cf gEtEWiix?'mwa E- N.- DISTRICT COURT OF . I I .I I 794 :ayland Hawkins? Q. Yes, she stayed with me. That was my next question. How much eaaotly Here 3 you there to support her at that time when she was -rying to remove herself from that situation? Well, she oalled me when all of that happened I helped her. I came and pioked her up and the'haby and immediately came down to the oourthouse and got a ?estraininq order on him from seeing her and the baby. :nd she stayed with me for about two years after that. Q. So you were with her for that, and getting a VPU involves coming to court two or three times; is that .orreot? a_ Correot. Q. There's applioations and hearings and things Like thatyou helped her .A. Correot. . Q. You also provided A. Correct . Q. Other than you. yam: were her best friend at. Lou her best friend as I I. A. More of a 195 Q. Tell me about her family. were they here in klahoma were they supportive with her? A. No, it was just me and her. . she had her biological mother in Tulsa, aklahoma, and then the rest of her family was in :alifornia. her adoptive family and real sisters and irothers. Q. You said a biological family, but she also had in adoptive family as well? .A. Correct. Q. And that was because of some issues that she experienced growing up; is that correct? .A. Correct. Q. So essentially it was you and her.in @tlahema ity,. as far as you know? A. Just me and the baby, . .. Q. Did you know about Hwy; . -%isabeth Hawkins? A. Yes. 9. Were they supportieg,ggng A. Of her and the Q. Yeah. unr' . DISTRICT COURT OF ,1 I '1 we. appropriate f0: half to answer it HR. 613.333; Emu may prnceed. Thank you, Ynur Honor. DIRECT EXAMINATIUH MR, GIEGER: Q: Malamr Please. state 3011:: name? a. Wisteria Phanthtaranth. g. And fur the: record, I Dc: gnu need he: go spell it? Just spell the; will time .?lu .?nderstand why we re havmg romancing DISTRICT comm Yea. . Can you idan ?2 ItJ-f?f ?Hr??lna Please? 3 53am? and what he. identification? THE Renard will an reflect Q. [53" Mr. GiEgar} 4 Phanthtaranth, the jury at thi? mint has heard a lot 31391111 Yen.- all right-a I - want to kind 0f 9?3 through and 15"- in own words talk about same 0f the things they have already heard- is that "akay? Okay . . .Y'au a I- II IfI?ll-1?. r'l. Li_ I .a'.rj g?n? W: 2. describe 1:win-2.3 - .u-Ilr - - . Ir erall iv . 5t gen me a little Wu]: relationship, Well, actually saved me. Is that Robin Dominguez? Yes, Robin Dominguez Q. a, It started nut Dkay. Q. Did you date in high a. Yes, we met in high 5::th Yes, I did. But 9.135831? .tlm'e', as. yau?ve alrea??i??t?atsed; int-?9 an aim-s ive Kala-?p?lntf ma 1 am! "1'7'5515: {:35 Il- - . I .- tn?zo the prof-e 3 ?115 si#5311 the jury ?$335137?; ,?ifi? .. . '31. uI, .. 9'33 Did Mr. Hawkins Hark: far the rant. 9, Did ysu make a lot of mansy? A. Yes, I did. 9_ At same paint ysu said that relationship ,gbvisusly basams abusive Did the pan as Yes, they did. The-rs 1was a path this}.r did basal-ass an incident happened where I didn't lb - :5 155-5! hairs any'??x?seat-i ng. 5mg; ans .- has the phons ??rsm same. ta. 4mgIlla. ..-. 3&5? Hg 1311 is ima {as sisal gigs-Egiti-?9:24! -- - ?ii-Mr. Hawkins' mew-tines: TI "ir names? 1 Ray Hawkins-ii 1-: .I. .. A. Uhm, not really. that wasn't really appropri a a, but not really. Q, How did you refer to them? A. Uhm,r I don't I don't know. 9. What did you call them? .5, Oh, I called them mom and dad. HR. HUDSON: Judge, I'm m- 31m: I'm sorry. I didn".t hear 2. :Ef??i -: I . A .. ~?hat 5. Why I looked . - - - I - . no 1.: I-you havq-Ue st 1011? .- 155.535.; . - should ask us fix: Iv . if?: Okay. I. apol ?ieger) .. I 0mm -- 919 Yes. fa you call them? Wu- What .1- I called them mom and dad (IL And is that because all i had 11m going to ask Obvigus queetlen, but why did yeu eall them mam a an dad? The}! treated me like family. Tell me air-Out yeur family. were they here in ?klahgma at the yeur bielegieal family, car ygur I guess y?u were adopted at eeme paint, were y?u nut?- A. Yes. 9, Without going inte a let ef detail, can you just .311 me. a little bit about that, please? 1331, It was .a struggle, you know. I ath through. a lull- . I my there was a let .- 91. 1 mafggaigyieal 113inter the. re was a at as well? I h? were . callfornla? 1n the systEm A. Yes. I was . you were Placed intn the Ch'l 1 t??ld in Califurnia; is that C?rr act? a. Yes. And is it fair t9 say that was periE?CE in an}:r way? A. No, .3. Yes, 12 in ?ne 3333i mad-nit:- I "Ef'i' - Ragga; {jg-.-.. .. 453 912 i?logical Sisters? A. Uh?huh. them, correct 2? a, If I was allawed to, 9, Lisa and than y?ur other sister g?es by Kitty' "5 that right? I Yes; Iii--56g5,? 514,4. H31 "ax-f . ?5'1 EW-val-apes! the. relatlwere your family 121.5er 7"ij Either states and They were here f?r a ahert a JJ of a sudden they left* 9_ Where did they gg? 31 They.meved hack ta Calif?r? at one paint we 3 Kitty 1h Califernia1 B. Q. And was Lisa in Philadelphia? 3_ YES. Q. And were you essentially here without any 131 ed I elatives or witheut any real relatives that yen cauld rel}, on and depend en? Everybody left. g_ 15 that about the same time that yen began your elatienShip with Rebin Deminguez? 3.. Just abeut the time, 0. Generally? an In 20-33. - I- - -- II: .Il' -l 1'3" :jmite been txh?? 914 A. Rabin. your voice up. THE WITNESS: Sorry Qt [By Mr. Gieger} You fnund it and called er, that what ynu said? is 3., Yes, and she Came over. 9_ Then you guys called the police? YES, We 66113431 the ?nalise, we did. 355. And 3.71911 table ta get a Vittim Protective q. t-m nl . . c-Iwugua?'24urn" I. lug-?2 . izalae . .- .- .- - . . . .- --.-.-- -I-. I Hw.? I I: -. -- - year 'Psll;.urffim; Wh We. . enever on ?1d 3:515 ?h were W?rking :11: . are far Ding wh atever else, ever Headed child care assi Stance? :22? 3? It would be her anntr it wauld ha Elizabeth ,3 So you had help fr?m that thE Haw . at 16551: the parents maintained Eupp? kins fatally, far Y?u; is that at all or did he essentially 3, Never. He. never did, I tried never shamed up? Di ?31 he have his daught er after - - i rug{fa-5:1? I- . - . 4? h-I? ll Al; . I I: It'likhfr dill{"il?l In? I did. 3- was she taught me haw ta take Car m?teach exis- H?uld new thingshe: and talk kEd abgut haw tn just I how tall Walk 11 the corner. time at?: i better parent a. She did. a .- .- I'Val-f ith._. clnse to her hqusa and than she could still watch Alexis A. Yes. You said she helped yuu save money. Haw Manley amt .?Eumxdu??i?'?rantwed. - i . f. rt." 5- -. a I .an sp??l Ilse fez?r .. . . nil?m ?Iii' It was all right butr ygu knew, get - arming to 90 to W?rk- up Early in 9* Rubin made you feel welcome there? A: Oh, always; all the time. But did y?u feel as the.th you were impeeing at Freddy Mendez. m3 . Qi where did you meetRed Light Nights. How did you meet him? I met him thraugh a friend actually. 9 was he a customar than 92G 'After that Paint we St arts other. c?ntlnui?g ts see I and this happened after were in your apartment dawn at 39th and .rgiern; is that ah paint did :hs start staying over vansr-ggs: him ts a 15-31.. El? kitt?aiixl?s?' as gaging swig;- .1 intI-Qdu'ged him - 111 921 3_ Nat really. Q, How did hs traat ygus HE W5- I charming. I'm gamma 1' isr I thought he was vary sweat 1 him and I was attracted ?Drming' he was 9. Did ha havs manay? a? Ysah, ha did. 9, Did that into it at all or not? Not really, there's more things ts it Q. Did ysu learn about his family? little bit. Ha intradusad.ma to his ta his mam.and his and sisters Q. Tall me: a little bit absut that. What did you abaut his family and what did ha. tell you absut his 1y th'ssis' as the beginning? . t. rr IE. wen-t. ts- gs Iris-st assass- I I - . {1:41-3:57 IL- . -- In, -..-, .-.. Emili? {1:5 ?1ultra. - as sa?s?s?ss .. ara- L- I - their :s-Dn is: - -. ?w??ughtar? ?must likely waswar-atlas? 1- a??l?L 922 to go Dkay? A, It seemed ta g0 okay you know: every now and then I wauld hear words and I would go akay Q. Like what? Uhm, it wasn't until later on when I maved in them they wguld say? things. Q. I'll get there. We're talking abgut 3 lat of 93: if 113% okay I want tn try tn go through it kind Ehe Wayyi?st-tirh-FI yam. 1- Emmy and. Wu 3?5? ??'latianship Tiidk rwhat . .- if:- 5 time 'PEjri?- . .J 923 hing: he was It; a'WkwarEL it was very awkward. I was just a weir-:1. Tau know, he shauld have i understam that ha? want -- . -. -..- .4. ill": . i .. it .ga? jun-st let it as} this o' 739:1: it was; that. [73 ?1 . . -. --.- -- - "r - 1" In 924 {he menth? In. It was, uhml _finning Of 2010. Let.me tr te give yen seme dates might help There er Felice reports that shew that yau _fjarated frem Hawkins in June - 20GB that's 45 the police Came out; June of I A. (weds heed.) eerreet? A. Right. Q. Yeu have a sen Freddy Jr. 1L . Je? . as": @15- 59115-131 was he berm"? 1 I ?ees you and MrI_925 March ef 2011, right? A. Right. 9_ Se that takes as te June ef 2010, if you're ?llewing me With the math. Okay. before June of 2010Ir aemewhere in that time frame? That's right. Early 2010, late 2009, aemething like that; had ieheginn?hat time frame, Cerreet? P. Q. i- JET-601.3 - 1 13.3- - pt"- I. n'hI' In . - f: l_ Wand. eat: yea wage page . 7 'rragain; weaatgygitlngu He wee egg gee 3m excited. fee 1 about "-34:23! {315" - a - .J 925 :ternallY ab?ut Where. yDu 1'1 latisnship with Mr_ ?3 ts so in 1,,qu . . thi lb. k3 10113 ab?ut l?ng term th 3 force 3301.1 tn. J. . Mr- Mend A. I was wash}; ab?ut it 6:2. Why? I Was nervous. . and I wasn't sure 9} he was gains ts react to it if we continued with th' 15 . Q- The that Josiah was on his way sort sf ygu decisisn than? 39;. What do ysu mean "in a way?" a was ts a decision that I ts try .. up, Sims thing more; maybe Settle JI Tausis-#351 -. -. - .- - . - -. - - . .. - - ~.-..-. $331 ygulmakeqahad 5-3 l-n. ts as absut. ass: is 4-1-1: real 137134?. ssming around a" *?amily he di dn see; H23 W- ?a ., .u mum 921 at. a. Th1- haa cone in tostllon 80 I it. not to an Kind of stop about this specifioally. 3. Okay. on right now and talk - 111:1. At some point after the domestic victim . dent in June of 2009 with Dayland Hawkins. do 3?0? a nus worker coming and talking with you om had reported some concerns about IIth in: within family unit and Unit no you rqmonber that happoninq? A. You. Q. Do you resume;- m. I. you was a white lady or . 1. She was black. Q. Hhon she came and concerns to her about I - watched herYes. 9- Did you have sou. .- DISTRICT COURT 0? 3" 9'23 about the care of your on 1 tall t. 1 that you felt you hem about it? .. I that you told them about it -- Yes, I did. . -- i because DHS was asking you questions? YES I did beoause 11: got distant and that?s why '51 of backed off with Do you remerrlber what you told were your .Tu- us about Alexis and going over and spending time zthe Hawkins family? A. There was an incident that I brought her back she spent the night, two nights I believe, and She- head inj or}; near her and she sheds: "u like bug bite marks on her, A - that . Q. And did you tell A. I did. 1- Q. And following that to go over there or A. I kind of backed up; I seoond didorr'n Trt'T? 10F smeke areund herr h. irdhand smcke I disceve we passed? an IEtdid. Ycu did allcw it t0 happen? Q. Yeah, allowed. Qu Sc as ycu?re talking te DHS yeu'r'e telling them. . out things that have happened in the East :aZ-t that you were still ekay with Ale-His though you ve had these . 'b A. Yes, because I understand,- id my concerns and they are .335 .?ey still shculd be able to see 6:1 like!r lunch, little lunchee?adtold yen? nversaticns based on the taber cf 2009, does that i i R. I. lead? It was actually about-?g. - .- I I I E1-- DISTRICT COURT OF Gamma-:1: ?film Hl?tl?g m! .I {Mt loam "w a? lo 0.11;? m! t. . A. Mr loan?? I i ?no "an I. That sound; ?0 .. a. In that process you turn mu at ma Wu". house whenever tiny out: 30 oct? I. O. Mdid You I . i I lot than look around to u. is and those things? .15; A. I. sat dmondwaC- reduced her to Alcxit. M011. looked around tho I urnsdid. I Has Alexis very Yes, she was. She would have been f" .1- i right? over Cine[at ?my? 5?9 a she approved. i' didnHg, right? The?! left the 3nd Wary-thing WES Dk??r correct?! shimsthe?? '3 Hg? was; aka-ya?irt-:2. 4mm marker again . - -. . .. . .. l-I 5-. 1; mm} li?f 1'74 GEETHE CDUE we go 1 GER: I 143' 613 hat's fine. ward! Mrs. is that fair? mat I I Ding t0 go try t0 be with F. that I. ready and I d?n'lt Head gnu 131:1 m9- i 121': 13- bit abaut that . hem did . I 3715 ta watch Alexis annex-I?i .Is- . f- 0? 1:45.12.ijfur-:5. . I. a 1-3. Sci-I? n. -I - 115:.1321 - 31" - 933 Did they live out in the country somewhere? They lived out in Noble. Out in Noble? {Node head.) Had you been to that house? Yeah, I used to live right next door to them. D0 You know if Mr. Mendez ever accompanied you {he house to get Alexia or not? He has. Do you have any reoolleotion of a time going out gathering some of her stuff whEn?HrgiEEHdEE'Was Well. when we went to go piok her ni- r. her up and we picked up her plaleeyee??reef?:?akr f: stuff of here cause she was -e That was there at the honeeuggi,ge- Yes. Following that, at that gage decision that in Io.- . I- ?ng about I think yege .l-ez wasn't partioularly - u- 33 No. I Didn't have anything tn -- 934 kind of burn that Beoause you said they were upset you Itis is what I?m.going to do, right? Yeah, they were very upset to him. 'Mith them? and I justr I '4 e. .After that.you were still living at your Want on Southwest 89th and.Western.at that eeint? l- I E. Is that a yes? {Mods head.) Haw Came Y?u guys partmentlr what motivated ?you -- .- . Well,r I lost my apartmE?. is. How did you lose it? . I wasn't able to pay? Q. What were you -- why - I started not -- I a?g?gy; 7" E: 'eoause I was Pregnant935 Go ahead. I ap?l?gi 2e -. Me, I interrupted you Mendez and befere yen started showing er before you heeame pregnant, also doing jobs occasionally gem. leek. er a term, a medeling agency fer a I did. Q- Do yeu remember their a. Jimmie. Q. Jimmie Bend? A. And Roderick. Yes. I 9- Tell me a little bit - would yeu If. ital-Hf?: A. Uhu'mr we would ge nut ?yaw-,3, I. .J- 5:13 in front ef the care, rf?i$L?Fi, 7'ise money f0]? dGmEStj-c 1171; did little projects-'T Jlsgegcgf 936 :9 would see me, say remarks here. amazi- id be sleeping with somebody and? uments . Q. Fair to say that caused ?:aticnship? A. It did. Q. A. No. 9- Did yau tell him that?? 937 It was a combination of things. 9. It was a f0! Y?u, you were starting t0 anyway 50 you couldn't dz: it an it came tn an and:31: 15-33 -. . 7" - I- what you mean? 3. Meaning he would pay the h- . :time, because he had a per. 1115 like the 3-D of befere the}r eempletely leek Q- Did you get lacked ?ute A. YES. Q. Did 4- you leave some stuff behind and lose eeme that "515 HURTS that was in that apartment yrg?t leeked eut? I :eely had 319th a bag er a 3 I that "?fun last a lat 3. .And pictures. 9_ .And pictures and, af cnurse i the ?tiflcatl?'n personal Yes. Birth certificates? Did that upset you? It did. Y?u tal t? - Mendez- aheut that 23uh?: .: I. - I Flat,?m?ygandit . I'?fan var-32,? I- - I. - 94!] a and h- Q, Was Mr. Mendez, Freddy Mendez marking at that i? a, He started marking fer his dad. Q. Was that after lieu meved in and started residing er was he marking for his dad bsfe-re yen lest the -I A. He he was. W?rki-?g ftmass . - - . ?_little awkward, 941 Egygu lived there 13th ca a give me an idea sf new We lived there h- Q. in menths? ?n Let's see, We lived 1E fer almest a year Q. we almest lived Se quite a while? Yes, it was quite a while Q. Well, it was awkward at first. .A?r did it changEr Did it stay that did it get better? Tell me 3 it was like living there? about It it was -- there was awkward mements. were times everything weuld- his all rig-ht .- and than ts get into an argument$11Mfr-"lit .5?1? I Jail-?gar :m?ai.vJ-an . --I I?ll. I .- n' .I- 'lr?i?i. of942 Christopher, I think he? 3.. - he sheuld be 12 er 12 In, [N?ds head.} Se he ?Unld have been about nine back then? A He's pretty yeun g. I d?n't quite know how silly,,. he's really yeung. 9, He's a young hey? a, Y?ung boy. Q. .All right. I'm.serry I interrupted yen; You {?gd Rosa and his sister} Marie, correct? Maria Osborne and David Miguel. Q. And her husband, fiance, what was he; beyfriend? 3- .H'er h?shand. . We i 1331'mt?u?i?r; hh?he?ateeny kid?! '.f521ggiguel . II . I . I nee?'ii?m?SGIIY! Three a of them, plus Christ?pher? 3_ There's avld Mlguel, there' 3 cHenzie. I there I 3 . . avid-r that's 13 FrEddy's younger}: Br 30? and rather. 9, There's two? David.._ 34 Yes. And that couple, Maria and her husband? Uh-huh. I And then Mr. and Mia. Mendez? Al 9 in Yes. .And then you and Freddy? .h Uh-huhr and Alexis. Q. And Alexis? And came March Bf 2.011 there was ;b Josiahr right? gas ah .I. 4 s. #fkw. (?ing? I - - . I ?I-a-h r. h? 944 yeu they would 33?- yeu mentioned that earlier I:.el 1 me about Hg) and I'd be like, need to tell me twice. 9. Can you give me an example, like, what subjects :1 they tell you ever and ever again? 3. Like how t0. Clean something. Like, yen need If31:lzl-H-?'75they: an.? iv I :Id a' 1' ?r the? saying y?u speak Spanish? 3, Yeah, understand that bathared ygu or 3. Yeah. -- do yau mean by that? A. The}: said they were jerking but I took it E: Ens The? W?uld call me aucia La Chino La China chino, meaning ciirt?jar Chinese. La China Ina-ans- Ehineae? l' ral? -r I .w . '12- n. - I - .II I'Uan Yuan. ma?a me real -- nut yum .at whgn?var thay did that? Thay would just laugh and I as o_ Thuy wuuld act like 4. thay war: joking? just like, ukay. they were -- they wuuld act A, They would act like they were. juicing but atimna, you know. I cauldn't tell if they were joking xbginq alriaua and I -- Q. But it: botharad you? . a. It did bother me anal (kind at just let $1315 that you 31?" ?Pg '?hw wag 9' They r? just ?aking? I .A. He 5 llke, d0n1t w?rry you're talking ab?ut YOU. don't 1-ian Q. Other than that Am I just managed because it: 5 Where I mean qd nowhere Else t9 I Q. At hause; d0 You tea-all if 1.90.11 had any conversatinns? A. I have called ?bril-it paperwark for Dayland, I. -. - 'ul' Tilt} . 1i". 3' l" I 3&5; 4' did 359121-- r. sigma.zth-L. - I I . J. Iii]; . I. . 948 tc you needed ts, 1d pseuld use the phene. Jr. like if the Hawkins ccu ycu dc that? I wculd use their hcuse r? I . that ckay with them? 33-first it was. Eta-it change? r'a?w changed because Freddyr didn?t want me using He says we dcn't pay the bills, this is my c?ySE. Ycu dcn't need tc be calling them. using :'fc call. want, yea knew, they: can't- ?Erer ycu knew, this is net ens house. We is is net cur phase. 7- he expressed - I - . the Mendez family "sell new], 11s.; she, tee, or was it. 51;? . .. . l? I: see that I couldn t.si.u_? be Sitting es. ?nit?syigr. Rh? . Icing. They Just: =?ere they presenp - {was . we? 4 1 sewn4?: :31" Right. Yes .. But at this PC:th in time y?u caasionally, and 3173 Etill . ph??l? '3 WhEthEr it :31? 2 you . - aheth ?3?er 5 that you needed: ILE that right? . emit used it and you called Eli . ?at . {55115 a. Right' 9' DD Wu Emma: ever talking to Elizabeth 1: - id 9 inquire; Wu km tn her abmt ha? things 3 511 mm - .l l' kind af? 'ftt'ISt . 1- - . . I . .r'rul ew weuld yeu discipline? A emaek en the hand er put Describe that to me* l' -?twhat are yen when you smack her en the talking about? a. Like yeu .Q. Yeu mean like that {Indicating}? a? Yes. Q. 01: harder than that? 3. Ge 1:1. ke this yen-1 emaek an. ham, 3a.; .ga He 4; de that and the};r weuld make; BEBE feel- i?i?iJew ?ied-?15 -- - .. f. Ygu're doing I - in to you, you re: net. at -. . I real 1 2e YetlLuffed Show me as haee er, .21 I . lair, ng ygursel an 1- It was; Just like that?"- a. Uh?hul?mm Q. a? To. spank her, put her in What 31" thE CU . the THEE spoiling her huge? that 1 Q. I ve used the phrase and Pm 3912:}: I Said lithe?! a? Freddy and his family, 1. ?he would tell you to do that": - ?3 that Freddy . "hanger Ermaarr 1d that ta ?kinsu 1'25- - she give an I daft really recall! E?auae I aka? Was she still upSEt a I we Ale dearly' raft being able tn see he]; this Dint_ aka Q. Ht 3' let me put samething in rmntext fur ?ka?y? Tam. night that . Mendez banana :Illrijiu ll *4 ?ds-ll - - . . - ~I'ra. 'l.rI1d-II .551 9 134.35tI'llrl II. nil". r? J: a. 4 I 3-. me about how ynur J. T31 Elati during this m'nguez D0 1 ime. . Bah Hawkins and your rElatl??ahl {Sic} .Cating; h'?w we '53! JI sis ammunl "1:3 9min an and Tantradeg thE ?[31:12 I an Wu the Edmond? Ju?e? Side Gf Sauth tant. Things g?t dis .3- plain that? Ex . Fredd didn't Q. ready didn llke her 3: cause why ?9t? Q. 1'5 "Very bald: She's very 1n lap '11Gui-E 1:13- Bacall She'll bluntly say I . .hi?g . amet 365 a PMH . '1 didn?t like - an I: t' a: was she 111 allowed t0 I th?ugh he felt that may? age she wauld make :0 A: ?tact it tevgntually She made cantact wi bu Unhappy- rwuld use the p?h??E and call the Hawking? 1? 'generalr aE-tually. I - I questiun, he express thase ?1:25? I 753.1: - Hy t6 .15- 5.15" .. - -- ELE?irt- 554 En geah- d3? was there that 1.151119 the hous as .3 call Yhu is Not really. Dh?ne ta 9* Did you ever ask him abnut . that? .E 11- I d?n't llke Conflict 1?Started mYSElf gve??b?dy heca want anything to au- l' arguments to cause us ta fight.? 5?3 any one mini "r . 9. At ma am, eventually did Robin find were Eel-meg ,fir-r?l?1'3 55 #11Vat-i?? - l? ?r 1. I +311: - . Va . fgdUGEC-ir their? 551d hl 1:0 haset Ever Er' I Freddy ab?mt it. ?lling; HE didnlt a? but 5.3 He didn't like it? me were called Gr was that aft I Er the July 5th incident when the pallee were cal 13d? 3., This wag: after the July ?ag; tha- ?i widen? THE YES . ?n All right. 353 rise. Yuu are excused. P13 I [WhereuPU-nr the 3111?}? EHited at 12: 2-2 pth} recess was here had.) :unnaatzumaass reupon, the jurylent?red at 1:54 ??'efgllowing transpired in 1' anti .QPEH cuurt.} wi mass? 4" I -l II I- 4th, 2011; You remember that day? Yes. 3.. a. me about what happe?ad A, That day we were having a a ere And later on in he night when everybedy is gene heme decided. I t0 stay out ?n the p99]. heuee w1th Alexis, 1 end his parents were upstaili?E and ?atChj-ng in Maria's mom. I believe watching Navies or something like that. 9, Had it been a good day? It's been an all --right.qam g. Yeu said eeme penal-e j: I. 1' . ef the Mendez 'figii??fi'f?fiI?lialkv?:?l ?In it Yeah th6~ t-Ewe'aeI-r-w: --.. .- I. - .0 3'0' I . - - Has engetvt?g?. . 153.1753:1. . LIIair vi: 15*" I. 1' Yes. i A Q. Is that right? i A. saYs I be in there . I 0_ So the is in batwee 1'1 noti?er the p501 15 in the middle: I 1, . . g, WhyY n?t- Why ?31an 370.11? think Alexis shnuld be in there? . Because ha? m'gf w?w, on? a . A. It?s kind it's in 9: he evening? . It 5 1n the time setting, but You could still a What happens '3 in my face and punching me in my By a. int? the 001tagging me amund and Ipm screaming and crying. at this .mement and me up- And . I- . 4.grim ESE-15159 52Juli; I i. \Jpin?. . l'y' ?1 IL ri?I: 3.13". - v-J Haw long srbe hat F?uuve talked ab?ut el?vatEd f?rs the phifr a. hen we Her . ?ux apartment that he pushed me and Sun 1? Q. Sical at times There was a paint in tima 1t escalated a little you know, grabbingr in my face. That was the first til-mas: And then when He. m?vad -. .. B-hmumait aggressivethat .P- ea-?l-u the kids are in the room and we. . re argm-n? in the ru?m ?nd he mntinues he hit me and beat ?uidly gin; EH - 5?3 in": I . . I 43-9141. -. . I PIIliaura - 4-: .- 1 . ?ma?a wrung, because the light is 51:6 9935: What's wrong? if 0111; of my face, and aha Pulls my and ah 113 a See? my I and she I Haria pulls me i?t? her ream? 9_ So. Marla had came out into the hallway a 11 5 we Uh-shuh, because she heard her mom gutted 541 at Freddy an? "they get ?a?lnu?53' "739'355 .1 @?T?gnt Mil?; 31.9) :1 i - - l'r?uh'l. a 1:25-1: rrcit; kiwi-32:7i?" - $513, ?an ?i {k r; rm: 7-3-1 3 r; :4 93 . '5 5ltting there with Nine 3 5h his dad away and agaf the theyure from at this point, 3? You can SEE hear them arguing in Q. That was my A. I went back and I sear; it the wind Qi Thr?ugh the windmw in Maria: DH. 3 badraum? A. No; thr'augh Chri?t?ph??t" because nagging: .11: 3, . I 2 En 11:24am.f'kl .1 s. a .r After YOU leaked out - - in tha front yard?- Yeah. ND. When YW- - 5?33? Fife-dd? 'S?a?feisi in the pool hams t?l? ?fi?ml .hau-aa?-~ '5 -, v.'K?Jr-13II). a. .ITITThluil 'Th1p?-l_ I .p w?AfJ .?12.41: I I iu.? Tr-' ..- . II I - 23?T,b1 - ?0 i . :1 r-ltq? 9 O. .I I- r" {14.4. Del-tr. -- . LI I IfP?n" If..-- I w. - )l .E I r. Manda: 5? Maria said she wag g?in 0 call crazy ha was i ?:35 g?lng und the influEn she said she was gmshe did call I could hear her_ A You could hear her? Q. A I hear her sayingr FEE: my brother, he?s, .. t?xicated, he's crazy, and that' 3.11 HEN 3 all I heard. YDU heard her make that. Q. tel?phane call? I heard her making "that callDid yen BEEF 1a;- ap?ll?e at ?1.92-ln? . . .11IMF, .E f: .13" .IT 3 . r? r211. vi 533$ fawn??EJvH&uah 961 1: I we 5 DC: 3. quEEt?ien. them if the pellee Came? . 35 3. Elgar-3d t0 do I didn?t kn?w :09 I Q, FelleW1ng that July 4 3, Yeah . ?ll . i 9- agaln that night? A. we; I saw him the next {awning 9' Earller baf?re lune-h Yeu said that it wee a - . very I Shari: time between that even-1: swarms Event when Rabin . minguez came gee-r Emu-raga Fi?? ?g Leave; s. that ItIll:? I .: I. I. v- drum- a Quad step trying ta act like ?Mjgre doing samething right, beeausa I stop trying to do this, rd g?t upset ked her and. didn?t: E19351 135%: 593%.. he: and send her a" - I I- I Hit-3 was Gr that train lined ?r something else? . patg disc-1P all of it together, cumbinem argued abDUt the way 331153313 was being 1: Q. her I Hauld . rented? I didn't want tn span pa A than that necurred tar Cl 50 g2 a a. .2 Ila-ig?. I h'Ilfr' I 1 RE: what is she dell-1g her I a 5 11 Reea gave t0 g0 ahead and enter 1; h?u hE]: SIG 3E thr?ugh the things? use and I I went been crying and my face tty Puffy fr?m him grabbing my neck and my face and . is Pr 1; went int? the Shewer. She she cornea the shower and 3 I int'? leaving. i 3113 gee-?5: we re at ready and she a Alene' stuff to 9? . I I Wing ing te get ready te-Jseeve tee and. hell; like -1-5..nee1e gale . - I - te- talk-c??ld physically See the marks he ?eck where he grabbed me?. 9, Other than during that abnut the approximate, 3. Yeah. that -l Vi 1 ?l-T a in here and 1115:, E's 33531153 I'm a?ha I Why Il'l whale phySiCal and damastic vi 1L No, because, y?u knew, I knew that shag . ulng El?n me, well.- ?Ii??ka sr??u imam, what I knew it' ?it-It. Elf 3 gaping He had done tha a. bafgre? If I?m not list . 3' Enlng her face 3115 and ta ta me an face his teeth?r It's happened Ef?re when we'd get . ants. lnt? arg?m And it happened Gin that -- In, [Nada head.) Q. When you 1 mm migth yang"in-1: {aw?EWib - . VT '1 I I did. I was talking he him I I. pack Change. I to Ounlglinq Inc? 1 what R'Dbin EVE that H.- 3. a. 1:211 y?u that? Oh' She didn't like it. 3. Yeah, she didn't like it? ?nl? -5 a change. olug J5 I couldn't stay there Fem a_ my not? well. he: to work neatly. I often and I . :fx Why not? I was ashamed gf it Same Yas- Y?u g0 baCk t5 the houa {Nada head.) What happened? ?an? we the? Said that 2 Wm said that? a? The Handle; family" "Thai? said that we nu - .. ea ed Why did they 333'? that? What were thai. 1 I 1 making- a. Ii. '1 _-rl I Lyn-t :m ash 92a: r'aru" I inf-Tia: lanai-??kv?rdaiu, . .u-zqr??.nk5. Where was it? 9' 916 h. I a?r?sa (2.11511 Springs Mall? 3, I'm not sure, ?at Evan 3111? ha ,5 11 It?5?11 1t We aw ar aura fr?m he Manda: Ema the main streets? l?ae t? it, 1L ?Dr I d?n'tI I'm real bad at . . 3 feet 9_ 111:1 you drive at this timed; 11- ?of I didn't 9WD a car. I clan-t a van have . OHCE {911' HIGHEG - . {2 - . that. hm Ef?e? ?bum - - - p4? 59'thn .lI?l? I ff IJI . and he would strap by mall that What were telling 5? during the Uh?huh. {We whenever he had the apportunit - to? a ph?ne at that apartment? FEB-.haai'e- 61- Emma?- . h~ mane 4? 1 Emma ill.l n: r- I Iiijrjs 2 .r I wr?a?r f3} 5 I I. 1.1.3- .1, Ii?u - . f' . TI. uh.Il I only used 1t Due time Q- What did Emu use it ?ne time A. Well, there was an incident Wh are my? there and tell them eemething ah?ut faucet, I Miami, and when I went down there I just grabb the Ma?a and put them in the etrieller t?gether I - went ?5.2lLiI". . -1 . alls back he can yen pl i? thing?" And I chECked her leg and Be Md Ian?; dc; nothing d1 Did F011 take her t0 a but he t?Wing tr: the (10:31;ng that-She's, tell them tha ?g 3 9- Tall the apartment Deal-311E? he 5 fine. Tall the apartment Pe?ple because th ?ngerned about 11:. Ere 9 gm: very upset that aha was {-11 I 1: rr? artI?ent iti and the apartment bef happened are a gr Just, the one after? 11d after the Em? Just the one aftEr' 92 DD think he was bej- r1 9 nking her? RCEES . i ?t like this (Indlcating) her hands 9, Other than the. day she diad were I there oth?r tiles that ?messed him being aggressive that would . marks behind an her? a. not 1mg. . up ?magma a Game from? YD kn?w ?his Yeah; I teak all the IE these 352 In your apartmerlt was tP-?Lctures' he: Bl Yes, there was' a tang?? are yau a . th g?t that e?ed Era - ants Bap? r1 at A. Yes! 9' t. these a 0_ RE: Imi'thei??uit?graphs th a taking that were an that camara? 1: Emu rename: . . 3" Yeah. g. Ma'am, there's a date Em all th DEE ph?t?gra?hs 11 533' the date 011 them I . Ii: MR SID . ateHecti?n 2 3' 4 CHIET: State's 2 3 1' ?uxadmitted w1thout abjEcti[By Mr. GlEger) can be a 11. Yeah Ea th? Is that yes? 3. Yes- Q- and this is State's Exhibit 2 . ifs a plcture of Alexls and Jnsiah: is th ob?oualyu 3. Yeah. it (?rmer; The date dawn he 9- re says August 5th of 2011 . 13 this after y?u moved :Ln-tc: the apartment? 1 3. N9: we lived . . Q. I?m .. c. H. II s-mu:* it); .c I I 5+ ,431?35 @E?glib? - I 53. 3- 933 Do you knaw she g?t that Freddy would gr ?lm When he'd m?move her th argund he pick US and 15 and that {hula nu Q- Did IS that same 0f the and he would argue about? You nd yank her ar?und, 3113! a Q, Do you knew, 433- G?ml?fle'P'u rift-L . . -- .- ?53: 0 I .5593" res! DC, you now how she would . Fred grab he: by ulae? 3. arm! When he'd he: .3113 argun . - 113' and just move her way and ?and E1: 11p liar t5 her 11 a grab 1n? to. sh 1:311 9'3 . Did you -- Is that Santa ?f . the Ha he would argue abcut? YES: 1'51 argue GL1 . . 3* can't Just and yank her around; she's mat a rag doll DD 3301.1 kn?w, at least an I August 5th - ramming35:5945.5Sri- lf-I lr{93135. a - da'35:} mu}. raifraJs?s-?t. ni?g* would she ask I F?u or Freddy? tn hEr am what did Y?u tell bar? she aSkEd What a You wnuldn't tell her? A- Would she ask M13. Manda-g what happened? In She wan-Lei: ham-em#71; ?111? 2432"." ?ab v. 3" I. _a 1 'ii? via-l: o-I' Yeah- appears on 935 It Er ?the arm, Ham on her other am it but 1 1:63? :1 cu appeal-?3 31:11:11 1 ?tting9:31; JrSui 3 same way; he was alway that hruj?? 1' 3e here. 4r 3 a grab - bl 9- hell - her a Another picture, State' . I 5 ND. 4 day 111 that same I 13 1; same playground a Ea hat take an J. 3' yeah 1'1 the than? I It appears t0 be an ?thEr angle 0 . an her arm; 13 that right? the same Wis A. Right . Q. 011 State's Elihibit .Ng_ . I. 5! ma'al'?r ?ne Sh?L'_fj: . ill-that date significant4.- I'll?_ .-- rem fir-qi-i-v-?Ft-If? I If4:2: .111: a" *5 ?3 . Lesa- 7 - ean. we Just had ?4 '3 littla ?86 anything there {Painting} to you: at.? or 6? . hter? thine no .. d??lg ?Mum YES L. . What do Y?u see? She has markings acrcas he: the Are they bruises? so, they're markings. HOW did 5113 99.1: them? 14. d" .0 .317: ?hm'mm "11513.93; that I Chanel-aw IL irrl? daugIlL?s?" HE would use that' Egret .- I knew 13 ?ne even hat 11; Was he r. .53" Id get soared. En shE h?ard She Emu a gas that illr G1931*le in that Ph?tegraph! 91' 3_ [Node head.) I it Did any?ne CDmEnt that day the world this child has these bruising or markings on her face at her birthday party? No, because it was just the Mendez family and and myself . Q. It's after the birthday party on August 20th of 37"} that you guys leave and get your own apartment '5 You living in your apartment this. time and just had 'rty at their house? were still living. there. mt? No. we Still living there at this Pol warning and HF . se we all 1H. ECEU . . . OFFICIAL TRAN-56319 '1 i?mri?m AH -- I that r?utin?ly a . ?u at: 5 discipline, is that 1?3 he us in 1:15 Baffle Ed tn ith'? thin 1? daughter y?ul a use HE would use thatr FEE 1:13 hit In: I d. ?ne Even knew what it Was New at scared. he? 31? 1 She w?uld Eard he 553 State's ND. 6 Hard . I l' another picture 1: she.? event but take? 1:193 the 3am I'm assuming- T1 12' 13 1 Ether an that Carrect? the to thE 3 {?nds head.) on can 3 and 1? as: the marks On her ace clearer 1? that phot?graph: can y?ua a [Nada head.) .. Q, D161 anyone ever that th 33? at the birthday ,as ta ram 111- .i?fiie. worl- . .- this child has these(?ffv at birthday L?L?r'liri ?rms. - -i"5v Went to the zoo. Halal?! y?u t?ld me that aft Ht Mr. Mendez wDu1d an at 3011 to check an ygu? {Nada head.) WW3 done, sometlmes, 1. I Emanamk? 5 and a muse3mg: a wl?? Malme 15'. I )r'l I -: rib-um 1'93 91 in? meals? things like th at? Mo- was the Same truE for th to be in th chil?ir 311': Place ?le EH13 CluthEE . a 36am Everything had to ?rganiz DI. Ed? 93111 15 tha rue throng:th the 2am anti 1L Thraugh?ut the whale h?use re h?use? I a11- . Had he comm-ligated ta y?u th at Or was Sum-nethng y?u d? 1. or haw ?'35 valuntarlly. 3? that's his expectatiuni He ?a I I fe?rything 01393111 mad .- 3 - Q. Did, yam ever have arguments abjgut that? i Did 3.011 thin-k that he" ?h?mj?a hail-.19" and am he' ever 9163 -- . .. ?gr3-1112'3I-l .aI' . .I. I- #mr??hh: - - - talking v.55 ND . 1L when She was barn She had g-astros h' 1313 tines - .. "were her ?was were bar? the ?utside? af he: . And I believe the: fluid was af?ne@131I'l' I i?InI..- at correct? I i? th Fife; Una-huh .- When you took her He always had an ?pini?n Q. okay. What was 3* As seen as the d?ct?r would leave I . 3 E13 L. plays 31131: like the rest Bf thE- Children I . . alsn tests run an her' that 1- *want?d ta Bent-inne- all - . the .. up. until W5: i W- ;iE-i?k a? last test I She talks an PI: as Ever}? {it-3g?lng t9 aha? y?u 's a lette . lio- 119? lt r' and I 31131: want tar a Ever seen that letter bef?re? 3k Emu, have JL II 9* Theta 3 an address 9? Earthy-west 149th Terr . .3. BEE in ids? 359w khaki. what .lr _lt1l .qv??gwmthat mare?33 is? :5 that happened an war! with A. (Rods head.) . . At that pain-133living in the ma?a 1 Ear; that: :apartm?nt . I 5mm '15} {391315 In. I'll-l I 5 l~I?rll't'lrl?'lf I. n4 3 apartment that Y?u lived 1 main th? ma at 1:6 the sofa was f?und, Slat up 9% the may .318 93 11k ?Era Th?se cauches 11? B. are mave?. hat? at The couches are in a 9031 a way Y?u kept th tum that I than th em ?Erma? a differe All y. Is that ri 0' t. Ether than th a - ar the Walls artment and the Dtller ap "r basicall - thE ph {13 yslcal .?ft A TE. the bathramm 595 t0 the mast at er badr?um? I J- 3? yeah 3 that ri Bathr?DMF master ght? a. th athr??m. an ?ide fr?m a all. I Dth?r bath a 1 tn 9 kids Slept? mung} th Dam her?- th a be?tt- am At to C: (2- Turn ur left thEre's a 11v. 3.. {Mods head.) ?19 ?Um? . You sald the way these couchas - we IE i . 'ri??ese are twc: sofas, right, that are. draw?? Yes. - - 9.. That. a net the pamtmn they uni-"mall? were inIt?Hr. .- 1m s?rry It I In making it hard mt mu- t? an - Itm Yeah! ize them as ynur 3P3 3. cu rat?19g? apartment? 5? 9' E65 EGER: gffer BET State-3 through 11 and 13 will be c0 with?ut Dbjactl?n dmitted Thank 3:51.11, Y?ur 3 EGE - 143' GI '7 is the DutSldE Bf the Gl Ml?- t? rrEC 9' buildingapa 3535' rtm?nt up here? 3' - our ap'a . Se: tw? win" - Yea-L: th? I a" 1:33" the right .- -. he-??m?m magatn (wads head.) why did he tell you that? That's What he aa'id When I came nut, when I came .W maxed the ?Wf bEhiI-Id me. aka her?- I ., . I ?4 11g: Jig-Ea: met. she was, I . a. J, 2 r1: g?if?? j??11:55." a -.-- aisarritEJJ r. - u: . . 4-.F- I If you go in this agar re the there Q. that Bathroom. 0 -- bathrc?m is? Bathr??m . . turn int? this way is that the living mam 3. That's the living:- mum. . And? a" baa-mom mum ?it"L? . - *5 - - .?l1Il-I' I . a h?F Ir?74.15 i lei" - you, what time arsund 5 In?ll-1g Ef?re me. I *3 ?353 . at? and he wanted me. . IE ?h?wi?g ms the timar and make breakfast? up the iltwas seven 03': sight, but all Q- It was in, the .marning'a It W35 in the max-?ing! was smashesFrat-id}, and all I Clack, I only sawr the 45 part I. . . was on She was Hate 50W 35 a video of ngra. ??lqreakfaet and it WES we: b33011. . do? a. Gkayi 5 And I made Freddy a plat 50911119 dawn' and I handed her he: first and leeie. the fireplace because 1101?? tall en?ugh t0 31::1: 0f the apertMent, She 331:5 by the fireplace in the far :Where elseIr SO ?rmer I I Q, Ma are, de you recggnize 38 . Ill and 3" YES. air Is: that your apartment and the feed . yen were ifegt? mes-:115Iva-I - {Emmi-4m: - - mtg. I I gi? .- .. Why was that? WES the man HE Bf the hangs I ha 511? g?t ta at firSt' Q. Had you made yaur plate yet? But y?u had given same faad ta MaxisEggs-a and meat -ll-1.- 1.. qua-',Lmiz?la . - a! happen-5 nExtj a she didn't want ta . Eat: 3h . . be; food and ?Eddy was 99?: ng {haw 1-: nt ad 1; Eatin and he Yelling at hat 3 banal-13 '3 eat an Q. he Bay? a? aisn't my fucking ?ned ?at $311 at her .531; Y0 I'm Barr}. lika I want YOU to tell me wh 31'- Frau-.1: feud -H at he Said. lik I I I . .ing her food. You kn?wf hels getting she going to get the chancla if Wu d?nw . . a: 3 mt He?s like I fan And he t??Jr1- Is that the Sandal? yeah. State's Exhibit 53a . HUDSUH: I mi GIEGER: foel'.? 53 Emir Ham's THE Stata' 58 will be aDj EthG?. amithe? with . But Q. (By Mr. GlEger] Okay! nties to spank her. i? this Josiah" started crying. 15 as, Jag-.iah at? 1 I i. . . Ihf' -lr . In? - i? re ?ii-he Rightthe chanCla? the NEW I Chancla, yeah. 9* I saying it right: is that 333' it? I a, Chancla. 7 0- Phanthtara?thr when I mark at the maxilla and I empar'evs-tata' 3 Exhibit. I - an Other things . a sPen . 1?3 a. Jgsla starts Crying an US . him, what happens next? go tn gar A. Freddy is Still Spank. the mum and . I come back and hens sitti:ng Alexis and I all he kicked her act-{333 thE rm: thErE and Di? Slat him and he kicked her and he atll the a? $1533 9_ What's he saying? I I I gassing kl?kl-ng her and hitting(2:?1bequ 9 win; at: . hat? like 9 131?113 little ,5 Take care fuckin ?1 of ha Df a 53; YOU need tr: take Is she walking? 3" She's stumbling- She's swam. 1mg, .m?bli?gr She's fluttering her EYES. Shara I I I main and Gry.1ng and. her nnesie has alm?st 11*: E. Came. f-Wtr half 131-71 -.and half way ff . v?h?'a - Fla-$1 Hal-lea?- ?Eh-aat. 3911,; 1'55 -attagh?3493"?! K435 331.51. L. iupilf?gt 4E3: JugI-?rul - yi r. I.- Lilly; :51 Jim If 5? I I?v.1 r'r- 3 . .LlIll "fa-:rl l-J3-H. "l a. ?21L-Vld' w. Yes: and that' ?f bask. with 11313133113? COMES and Shela ?ying th ting ant and he Yanks her up 13, are and she's '13 1 t5 hitting her the back. at am and A 1:33 He came and he Yanked hat . - . ing her 111 the back cause he Sean the I He!s ah; and he star-ta loath I cusamg and hitting .1: in her back and I reaklng Gut! d?n't kn?w What's -113 DUES he realize that injured at this haill mu re motioning? 3. YES a tin? HE grabb ed her 13., 5' Fished her up and slung her dawn. neck and When she was slung awn .- A. flagr- was ss-h'e hauntg?d tin the' ?mr?l? gen the pictures gf FD 5 that are all hE yeah. 1L. Maram, 33:31.1 have SEE 1'1 Wh En 3313 ?an" "talked a" - - 91-1,, .1113? he HasAil-=5 h. - "4 1 .. 21*; ?ve: Ci ?lm: . - 53? hi5Jr- I-l54:951; Ii s, I i; ins. .- .. . 7w '1 ma?a-- aim I .I I . ?at happen? 11 did f: . 5113 am and she 36113.31 5* in . 11:3 a little so her II t? ?311 . . t0 cry and tr__ . I . crawl up ta hen . - and I'm trying tuff? 011- -;r3r1ng he; 13]: - .- . we 5 Eathe. lute: he: mauth, ?ing t9 "Emma?" but 1313' 3 3f hard to asememhe'r haw actual 13 - 221-:- Jib-E: I: ?lg- day that ?3 ab?ut? :F?tl Yeah? GIEGER: I'd foeI. fan-1r Honor. ND Dbjecti On! . Hon THE COURT. D?fendant.5 16 thr?u or. . I 13 thr?uqh 35 1.4111 wit a 20 hout uhjEctj-Dnsi I this is.? the mgraphs ?9 a little Clearer than they a 0' (By Mr. Gieger} Marathat correct? g; in {that new was it.- usually kept? ll. Q. a g?-degree angle is? an L?shape. Like this? An L?shape. Were they mare like that? I But theyr weren tngether, the}? we re Saparate More like that? Yes. 30 haw did they mave? F're 51613? ?a?ngr-y and waived . . 5 - .31? a .95l'f? I Sal :th Eggs . II 1 we A. ND- l??r there 0h, I'l?t that aka-y. That's a fork? Fark. And then Na. 22, can Wu SEE yeah, th-at' the far]: rig-ht there What is. that? that hatterP171 ?Jill-?f .1 :2 inn-1L- nav_ . Mi, {1r'..-- . I. .- *Vfr?w? EL.HLJW --I 'IrlLr'; 7? ?ugh; I'Ir?r .i .r 3.6: - .- - Her Cl?thes are Eff. Came off? . Q. A. Yes. and she defecates? 9. 1L And She '35 ause her panties are an big the? 25 it?s clear When Frau 11301; at the Mature a] Q. I but is tram .gselfr 2633. 4.- {Nada head.} and l??ks '3 . I re haVe 111' may 1:3 'gnt . . Walke h?t? 3 I ?1 i?g? like a lighter s1; - 11h lI an '2 Inge 5 the ca D: ignt- rPEet. i3 a? Yeah. that I 15 that right? 9 3* (Mods head35f mods head.) . What happens - - .. ?95" {Nada head . a. ?nd it's FUUI Est- I lmatlgn {ii a. - to call 911? Emu :33: 1301111: ell him at . Yes? a. Wh'? the ph?ne? 0' Did he? reapond t? When you. said call 911 . A. he jUSt-running amt-1nd- panicking . IRE r. What Egg hat tame - - .- - . .- a. efore th 2 fr ambulatan lnthEa an me -- so . me. her? a T311 Jumping . ah 5- ta 9 ye lmeth . Eu? 0 jail? I?l??jtl- 1BE3ffjria the . 5 cl?thes 0? her? the ph?Yeah after he on the Phone w1th 911 a After, bef?re the ambulance cam I E. lance and after she had it was are the 9- Whenever he takes her and is. aptaarEntly Putt?ames J-u?t- mamas-lea; Where are mu? I rm: in than ant; is. an the ?ing+3.31; "11' I d" mint did . nthar 1'65: before the ambUlance - Tell me -- SCI 3635' 0 . 0- Jumping ahaad i I ht. Be 0_ All fare he gets a I3 Put? 510131155 011 her Yeah. I 01? after he the phona Iii-1:119:11? After, bef?re the ambulanc? came after she had -- it was. the 31,513 r163 3? Mimics-:5. ;P_aj__m shirt and sparkle jeans W-i 1:11 a. halt} 9. Whenever . a . - . I . -I- 1.5'csthEE 011 MM. r- u- -- I f.i . -- ?qr-II: 1 a r139; innit?" r. 6137-19rt.? II 1 I -. L: ErrIr_. I {illi 12 did at an? 1303*? he; p111: 1.35! before the mulance Q. ee I -- I - Tell Jumping a Q. 1?83gets an . g. clothes en her? Yeah. or after he 3 the Dhane with After, before the ambulance ?ame shirt and sparkle jeans with a" pink belt?; 0. Whenever he: takes- hEij?; 'Puttirrq .?lothes h?rr ?e 33%- I- .. -. @3913-'Ten: 15.9..I.-. . t? -- e. 'vl I ii-I .-. I . pl I ?rf I?l- I'll ls: L. I ?vll .J And the pantiesg, 1than: day GIEGER: foEr m. ND . abjecti?n THE. cover: - ?Hr Will be admit Huts: abjegti?n. ted withDUt I Q. Mr. Gleger) SCI wasnlt aari inane?? mg she we 5' ?or wearing the Pastel 1: 0. These? ?an mesh- these panties- 1333+ ~5?h51 "'33 Weari- ng" the sues-is and these QI?ll: . I- HEEL {sis =13, . gul . -. correct? . Y?ur W111 the laWYErs a pp: . {whereupam the followi ?anh? here had, out of the hang 133th com . . f. . axing at the Erence jury.) was THE COURT: How much more do 3911 have? I Judge 3:931; knew. Earl t?k? a Emi'ak ham .w .. . 33:..an I, . 3.than. .- 1' or. I 'ha?aumrz. 7 - .u 515.431.?? 153? It:us knaent C3 i?tr?du cad them? CDURT: Yeah [whereup?n, the . Dl - cmurt: 1n the hea 10w?? ?6 ring ?f 0. [By Mr. Gieger} I. I kfmlabout these ph?tographs In just guing. t? a 60 is g?ing quickly nd than take I 11112:: ynur bathra'om, feces dawn hare, do ?rm: break! okay? T1115 13, k5 like it' right? ?at gut there? he? bk}! it: at 5' me Paint -.I. nt-?vr'zannr - Cg?n aghr~ - 3g l-l? I I?fix? (I. . 1'1'l .I lept No- Had you drawn Hate: N0. N0- 63 tharel ?g you know 59m" 'dEb-ris. Barnett-1in is .. therh.mwr 0153Mqu L: 15Intru?lgr .7 -J 1'13? ?53. - I . .Iri-I Uhm; I Can I they d?ntt test Damp. bstange that l??ks likE 511 feel better. HR, HUDSON: If yau w?uld. the full - {Whereupom leng tr i I cgurt' the hearing gf 1? {man 0- (BY MI- Gleger) Yen d'?n't k??w hm: thia~fncd at . were? A (Shakes head.) Lg?ks like there's that l??ks like 5 in the. tail-1E1: as. well-.-- .3113? Anr'. -r - .11" i 1-: .u . I-ll'IJr?l?lfl daughtel: stalk what did he :10? p? 3: [Sam I .1an a. A I HE chain 1: came out after A ?ta smut 23.} 1?5 -mi mate races 3until ahaut, gm -. "aft-Er "till .ahim-n: 25 after. 3?5.7: I. . - Ll ?575172153 .- ..H-r . 1 I . 5193.Uictoria. GIEGER: THE COURT: next witness. MR, GIEGER: THE COURT: Parties DR. HO 2' RRIS . 915 time as 3 Witness an behalf I led. Gut Cal and "fir 31.3.. been: 9f the ?111 ly- sm?rm I .I. I I 1.. II: _f:r::mld mm 2- - ma a. -.- male 1:334:10?qu trustratEd ?uff 53:3? ?5 ?g Twit 1 c. I angel I ant" :13? ?at 1. 8 Ell-1d hit a S?lld EC dab1ts head MD a Hue back llke thlai fur?it . I I 1158 the type Bf in] url 3 th 1: think 1. 3:591: y'all saw ?iw ?f force - I a. the there 13 insuffic- 1 - lent {3f LG pm 1% 3-iin Of SE injury'r There: the case. A. MR. GIEGER: I think that. have, Doct?r. Thank ygu_ THE COURT: Crass-examination. HR. HUDSON: ND questions, Your Honor. Thank you. THE COURT: May this witness be excused? MR. GIEGER: He may. 11 Tau want raga? THE COURT: Thank Y?'ur sift 33- Phanthtaranth? m- GIEGER: Yea; Sir- COURT: Ma'am: ?311 OFFIC OF OKLAHOMA Ida as a witnEEs golf: been previausly dilly 3w gut-?11? CONTINUING DIREC AIR. GIEGER: Q. Ma'am, Prior t0 the all ?at all the events Wu t?ld us :1 hoin mama lane gall actually having made: duri:t, out prim Large told us about, y?u with I ta ?b?ut? I'm talking {Nsds head.) IE any Ether conversatl?ns Dr communicatio ?5 You and ML inv?lving What happened or what you [were to do next what should happen? was, there was. . . ha was talking about abs tall. them that. she was outside, she got. boot up. Tall them that there was a 3 "sho Ego-lai- ?alas-Io the stairs- Y?i?iiztt??u- ass: just trying to some up math 3 story. I a - ouguys story. toll. tha a babysitter and you just. came h? . I .- #5111456 13m. 3? . - I, 'on, II I: 1 I .i-b - 553;. 1 I He was tr - 5:35 . man - anmg thinga at al-' l'J Speak up the T. mums; TH I kn?w. have to speak up_ {gem SpEak up what did he say ahQUt that? an me To say that she :52: was up - . (Eat way, ElthEI? f?un 01 her ?utgide lit: I . IE 1., Ila-'- . leaves than: gutsidej II fDUI?ld that h; I we and we Er 131115 way. 1 Q. Was he still in indicating earlierwas saying all these things in anticipation 0f help Darling? 3- Rat:ng back and forth and saying - do this. - th 9- s-rjme- paint: ma'am' did an . - he 3300?? . I - *rqq" . - . i . ?air-xv: as- ?a ?3 - ll THE CUURT Hg . GIEGER Del i 4 main sf enstedy 3f the atl'nry? ell? 1:qu a '1 it?: THE COURT: Yea re?t: I pm. GIEGER: Lamas Ci gEntl and I have agreed to the int Ema?: re, ed r?duCti tapeagrEEd'tD Stipulatign? rEad trig Mendez, represented by Perry Ends em agree and hereby stipulate as fellews: THE COURT: What number is it? (An eff the discussien was here hed?l GIEGER: I'm sorry, ladies and gentlemen- We agree and stipulate as fellows: If Sergeant lice J?seph Hill with the Oklahoma '3 . - '31 he eeul were called to testify 1? this tn the testify that he is by gdia gall-es Department a5 Gust . ls stew: H?Eahoma. City 911 Dlspatch 11 cal El EGUISE ?f busi n?fm 33 Hermal busu?less praCtl an THE COURT. H?ld a II we: MI, Gieger DD 3 buzzing. Whaever has it I {may It 3 fo. 1 main Shack y?ur 1.53, GIEGER: Starry THE COURT: Cell ph CUSthian 0f he rese arched the rECGrding archives and capled via campact disc recmd. . 1mg cf the 911 calls made on two occasicms; on July 5th 2011 and {311 313C, 2011, reqarding the case (if The Stilte of Oklahoma 113* Mendez; 5511:1911 recordings have been marked for identification as Stat-E's Hall 117 in this matte-rip 5 been maintained 1n State's Exhibit No. 117' ha .ng ant Offi the Eustaciy gf law enforcer? it i5 3 true and reviBWEd and - I cials slnce 1ate recordin r. 331-532;? in this SthUla tlemen: 3 en 11d 9' mum: Law?iES a :1 .s .r really just an agrgem rill? 1-.1 . I ink in tr; 911 hi rq'i'lare tha tape le bel he their 1 my . 1 . JSG there 13 an Calleabj?ca Ulla tIPUlatl g?l?g Tic} I an a he. k'llg 1' I. :g?lblt y?u pUt than ta Fla? *3 a stick? ee? I MR GIEGER: Want C011 here:- I State's - . rt 3 with 1 Judge; 0 EL an Stat-erg I 11 1e.th lts?lc? THE 1 14R. GIEGER: Yeah' I ITL eerry The 911 ?age I?ve marked as 11?. THE COURT: Just make that a. HR. GIEGER: THE COURT: Right. end Exhibit 11m will be admitted into evidence as State's Exhibit 11711- MU pulatiee? 11? is admitted by agreement per the 5?11 I'm- HUDSON: 11'? being the 911 (33115: Y?ur Hener? herEUP?n: Mr_ ?ghibit HE thi? i5? {Whe rel-190? 1* Exhibit THE CDURT: w?uld F?u Qt: atk we we re llatenlng ta firs?) and ask hm MR, GIEGER: mars {By Mr- Gieger} her 30th; 2011; Correct 3_ (Mods head.) 9. And -- THE COURT: have to answer; you're 111:; have to answer . A. Oh, yes .. HR. GIEGER: And, Your Honor, I'm mat, ?30111th play the other one until this witness is off the stand. THE COURT: Oh; Okay: MR. GIEGER: She never heard that ane. All right' THE COURT: Okay :l .i . ?mum um YES- Yeah, Freddy Mandez Hm_ ?fee Yes, behlnd the safas are? Behind the eefee '2 Uh?huh. On the side? On the fleer where you saw the feces and the that's where I was located eL en the floor, HR. GIEGER: Can you guys hear? THE JURY: (wedded heads.) med Play 9f State?s {Whereupem Mr. Gieger reeu Exhibit 117.) {Whereupem Mr. Gieger 5 Exhibit Q. nr?Jingr wh?' was that? 3. a A tnwards her. MSTRICT COURT OF OKLAH going on with his sisteri {Wth?Up?nr Hr. Exhibit (Whereupon, Mr! Eghiblt llT'} {By Mr; Gieger} Tau can That's J?siah_ Where iS J?giah? Heis on the leDr- and Wu.? the floor? ms" he's trying t0 see what he 1 . HE -duE HE kEEps trying ti: And Alexis is on the flagr? A. Yes. 9* And there dealing with that? 3- Yes. State?s (Whereupon, Mr. Gleger resumed play 0 Exhibit 0f StatE?S (Whereupon, Mr. Gieger 5150:1935 PM3F EXhibit 117.) 11 1:3 enne 5 Gieger) I just heard 50]? FD hurryr is that WU 1M, FI OMB 0F barm- Eghiblt ll?,j Whereup?n, Mr! . ?ghibit Glegar St appe? D1 Elf I St??nu Q. {By Mr. Gisgsr) M3 Phanth 5 tara the 911 1?1thI I hear what perilth ls Sayin atthat able ts Ear what gator i5 Saying? me .311 The pthE i3 speakEI? h. g. It was on speakergiving these instructinns an is "give mouth?tD-msuth and CPR, are you the sne doing that? A. Yes. Q. What 5 Mr. Mendez doing? - nut what tn ?10: 3L Pacing around, trying t0 figure me he was panicking. lay GE state 5 . (Whereup?nr Mr. Giggle}: resumed Exhibit 117.) ,5 Lay 0f state . to Pad . I Ed I (sljag?axf 5 GIRL TRAN #:21nt What is that? g: It.5 a piano. It. with it . 'nG Your t?y? 5. 3? Y5 Describe it far mes; It's like a plu a. sh Enam?ike . I blg? it's blue. at :11 3 about THE COURT: Glam: Thay Can't hear Yam 5 a plush, like. sail: May 1:53:53; they 'Push am 1? .- - - Il- Il-w - - 5?15- L?LE-yxaw. .5: ?th' ?I'i ?w 'rl-LL. nil-92"? .5113 Jr?2- play With. 3:5 it in the baakat It was in the basket It was in the bagket? mods head.) so he's made his way Ever the:- .5 hitting that? a ?nd: ?a 3' Yes. That's the name we're hearing? 1L He's on the Ether Side Of the touch 9- you can hear it S?unds like Mr. Manila: Saying gaining in the did Emu hear that: wham- are Playing it a, Yes, saying something. 9, What is he saying :31: do you knaw what he's saying? 1. He's talking tn himself, freaking nut. St ta's (Wheraupon, Mr. Giagar resumed play at a Exhibit 11? i 1? 9f State?5 I Exhibit 11'? Im. trying 13.3. figu to give rE trying .. t; . ?d the breathing? r1??an 3 $.51 Eris? {whgraup?n, Mr. Tran Ext-111311: 117'.) lager reg ha: I umed Q. {whereupam Mr! Maize. Exhibit 117.; {By Mr. GiEger} What. 5 gilng an 3' He a?d I StartEd THE COURT: Ygu' THE WITNESS: 9_ {By Mr. Giegar) What Wu say? I say why are yam 1?30?an like that and loo}: at 331'. because her body is aha'a laying and she's all bruised up. and I said leak at. her. Luca}; at her. Q. What did he say? can't {?10 1- He started freaking out and sayln?l I I EC: . baby. I gm?; ?115.: yen 'kmaw, I'm 90111:; to take the fave and he starts cussing. baby and leave . He 'm guing t? take the 'Lg ENads.haad.) - a PEE Starts 2.1 . A -rl?MI?l I, where?lp?n, Mr {Whereuponr Mr Exhibit - that What I Q. 1'1 ?u Teah? thatr? when we era arQU' and he Star-TS Panieking 111g Each {Whereupen, Mr_ Gi Exhibit 99% (Whereupen, Mr Gieger Exhibit 11?. st?pped play GE 9. {By Mr. Gieger) Myamr early in that tape we: asked you Mr. Mendez said te the 911 eperater ue just get back, do you knew what centext er why he said these cards? A. . . we That's when he was abeut, saylng tha left her with the babYSit-ter? . saying 9. That was consistent With What he was the earlier bEfGre the call was made 3130? th YES, about the babYS-"Ltter? her When . . some point: a 9? hea *ml Ca 3" I that {an th ?as. . a? N0, and this ls When tape at i 3 IIS when I Just grabbEd her e131! 4135 in I DD y?u remember 1f ya 1:1wa a Law: _n Gaul merg the 31:53 I hear the airena It when he Q. 50 Bald that: that was en - 'an alga hear? name?? with 'll'r' a. (Node head.) 9] What did YGU d0: yen teak her and .. a? I just grabbed Alexia and went dewnataire. and this is when the afficer and the ambulance was gain; in the appeaite- directien . can?t hear you. Q- Yeu'we- get to lean up. I he ambulance 15 14 is when the efficer and a . ire trLICk an Winnie directmm the 7 half Way - bmlding t. a 'l 1 wrong - -I Knife- ?are g?lng t0 - 4% f: ttentie?? sown l- .l a L175, 21.55 - the-1r 1?65- f-q - I ware and they starte {113' SD 13.11811? trEatm 111*lh-rsi?i ee but euteidee I A. Outelde en the gramS in 1 the bui 1ding_ fr?nt et a Art ?f As the}? were ettemir1g ta 1! mu 9 deugh E1, WP . n: 3- I was right ?are and Freddy dien-t CQIEE nu Wilt; eeme out after me_ udtr he 9. De yeu have any recollectien as to hm, much zine eat en when yeu were standing there while they were sorting en genr- daughter? lit-.- 2312 WEB: period of time. We was up there fur a - time? 1 I erl?d Bf d0 durlng tha Police Difiws I the with Alexls and IrqI I - .. ice 0 {gnu-ally P01 315 w?man paliCE Bf a, warn? Uh-huh. leer did? - the ambUlanEe arrive-:21 as B. YES . Wall, EHEE 9- At same p?intr ma?am: did l1: with Alexis an tha gr?u?d did ttha ?hm Watcher and ?31.11: her in tha anhma::fut he: a. .5. A, Yes, and that' 3 when I was Cm my Ha ambulance and that 3 when Freddy aPPEar?ed 0' It's at that time F013 remember seeing gr, Mendez? a. Yes . i Q, Did yen have anyr interaction with A. YES, he approached me when the aim: was agenei . - .. close tn IRE 3119'- 3513' 'i and he :grglabbetter 59;- I 3 Stairs! Ya I I irs With farce' 9 far ?g :3 ??41 th?m She fell down th them-tr.? ..gwn the 51:51 In - In. 2. In the SEE-(jut 3 Eat er qu?a Ehf Ling ?r could Yet: see What em Ma I baked baek gluing 4? It, 531?: '25; When hEr 1? ?at 5 Cl?th {i Lh?y and "eh: .u '5 warn xii-?r- I H- PM. There 5 a Window the?; vr,333:}: and at 96mg era's} a I Wie??. . could see -e ember I ha: Yeu eeuld see back than? Q. A. part of her and tw? men. 0' When gm: t? the e?mergenewr reem . Egg: - A. They brought her to a more and they,r Started working on her and I was there with her. And I did I haven't seen the baby er anything like that. men Freddy arrived there he was very etandeffish and: ith his 33M him where the baby was, he eald he was sister. I mu: 9* when you said "the baby? talking a 'h?iah? Yes, Jesiah. 9. Go ahead. ting roam! sta?je And he stayed in - I What did y?u tell them I them fa It . 1 down the EL . Why did yeu tell than that? ?Lat-.33. Because I was tDld?ujtel 1 them th 1 et. . A . Why yell tell them the truth? I Because I?m scared. That's all I knew, it; always listen t0 exactly what he telle me te rie and se- thinking that nobedy was going te help me. Because erery rime I always asked fer help nebedy'e ever helped me. It's happened before. He always tel-:1 me. like SEE: Mbody'e going to help YOU- ever helped you. you re When say nabody 'thHI.t-1endez? . 'en?hi hiking about during Y?ur relatl times . ened 1L end befere that: it's happ ,k?eer n? i -7 -ntln l, I Throughput Your 11f at . mu were 1n foStEr .9 EU Ear?? In}; Throughout my wh?l . . r5 ever mE nip ,6 - in ?ml Robin helped Emu? 9. mqal?a 1?1 II .3 3. HaWkiI?lE #5312; 3 [Mods head.) 1 other than that? A. {mods hood.) I Is that what you-re talking ah I Out? A YES. Q, At some point the police officers who were 3* fjge scone, other police offiooro came to tho how-E: mrreot? A. Yes. Q. Theyr took you downtown? 1? YES: they did. 1. 1C9 9- When you left the hospltal the ?uent ?35 Fm]: . - aI ?fflcers to come to the P?llce dep she been 1:on ha daughter still in the Emergency 'tal? of the ?95131 t9 the Either par room: I 3 emergency She's still in th never @?up on the bed- They . ?akin DD remembe ha. I Fareman a bean life I i . Sitti {can I 14-3.: All I knew is the baldhaa mm? Ft The baldhaaded y? deg guythe p?llte I I {j ?fleEra data I Yeah; he a 51 lg bel bu?talked t3 an at an ?9 paliCE Muir A Yes-3. 0 Talk abDUt that insanunmm, t} El . ?tment; 0k A {Mods head?} Let me Show you State's 126 thmugh 129 Yau SEE th?se is that your a apartment on that day. Elusive . A. Yes . 129. Offer State's 126 thr?ug MR. GIEGE tl?nr MR. HUDSON. 129 will be throng THE State'5 125 cti??- admitted withaut able tat (By Mr. Gieger) 5 - is the flreplac 4383. . Eitt1 In?; That'5 righti aE a? a [4th t0 that thErE appe 3: I Right Emma ite an? m3 ~11. I 9' I5 basket thE ian? was ke at 1' ?Fara L{he pt? mu talkie I. I Uzi?. at JDSlahr tiny where An 1ah had made his Fl 1 II 1 a? and started PlaYlng the pian? th 1.14?? at was Ft my basket, carrect? l""I . 3, That?s correct. g_ And shows that as well. 123 is an?tbe? And then 129 Shams mare 0f the table that 3:011 can see that with it blown up right them, meet? ?atugraph {If it. 1. That's right. 1 . snaw Q. I a1 3 have introduced other matures tha member th??e "hEli?ifi?g room altogether; d0 5?0" . - - them fur Pictures? Ynu've already . t0 90 nght- I 3511351 gnu ing . one try these wi th 1113 ?ne by gm. hat 15F '15? Emmet? . 15 . where the Diana? I don't knew. lee to <36 find the It was an the flag]: It was DH the [Node head.) 350? d?nit kn?w where Ma'em, there's an State! there}. TE 13 the that we talked ab?ut Earlier that the F. Fara is, there are two item adj I at r' Ema eff Of that the bruising en FDUI a. Yes, that's the camera. This ebj eet right here {Pointing} what is in it. That's the bathreem seep. That's seep? YES. 1' em back here- What's this 11: The bathreem tewel- the hall? State's Exhibit 140* 120' f1 htub bathroom *3 Is that the Sam gnawed ?f 53 Eighth Ef?r? I: H: That had water in it: Right. - as: . HUDSDH: ND ?bjaat. GIEGER: Offer 12am?. THE CDURT: State's 121:3 abjecti?n' will ha aa . Mf- SiegEr) Malam 3, It's the soap h?lder Q, IS the item Statels Cu". E?pp?s?d a '5 Exhibit No. 120 "a 3 1n thla apaca right hare gaming) i I I Yeah, 11: supposed to be 111 there, so is :aa EUHEI. THE COURT: You have to speak up, ma'am. TE WITNESS: Oh, the towel and the saap are 'l Supper-Bed tn be in the bathroom that liVin?g rnram new. 0- Giager) It' 5 not in this phatagra ?here-4mm; bar to the right a nail 0 Ta: firth-at whe .- in the but is normally fann?j a. C3 4 r' sight? B. 5 that wher . Q- I it We a i1] 'thEE 1 iafij?gg Wh cm were they in the ?nger, H?h bathr? 3B1 {ff??hr VJEEITE i1] t} sumshew - Q, y?all an? eu ni Lysine; 2e a, 9.. Q. Are these ph?t?graphs he Ch. 1 ?r?Fl Jar parts We haVEn1t SEED yet? Yeah. 3_ YES. comm: THE Yeu ve slirsaci?yr admitted 125 129, so you're saying 122 threugh 129 MR. GIEGER: I must be eff my count, Judas THE COURT: You're saying 125 thmug?n :29? HR. GIEGER: Well, Mr. Hudsen said F- 1 have this ene numbered as 59: 122 . Ge back agaln' I Ne. 59: Y?ur HEW THE comma: Ma. GIEGER: . 9. THE COURT: 1 ?9 got 5 5 IfIsaid1 GIEGER: 122 thr?ugh 12 It was mg comm- okay. I?m 501?? IapleQ??-E I i I said 125 name. GIEGER: If 125- HSCRIFT weuld Offer GIRL TF3 I gn? THE Germ-r: 122 th admitted withDUt THE CGURT: Rig,? MR, GIEGER: I. THE CGURT: Ma Fhe 1.53. Hunseu: Just fa nbjECtiGn' THE CDURT: I th?ught I i had alr? 1 n?rry' a Q. {By Mr. (Siege-r] ME ?hack it up a little bit 5 the Closet 3_ Yes, it is. Q. I5 the Way Hermally is kept? are? sag mat because the Shees are all lined up neatly. .5 l-H-Iu i Hint ynu meant whenever everything had tn he in its place, in the preper leeatien?1523 shows her side of the elnset as - - t? 15 that z" right- . anti-I ale-ff '2-1 lo?et 1nne 51; that Side EIFT AL TRENSC OFFICI If You Slide that . ii that right? ?Gr q} That's right. . Shows 124 the Other Si i I campar *3 when 'thE Ei?es and ln DrdEr and theta] clam. . Iflde, but Wham some c1 11995.; 33375 that has have be ??1123. A an 1: rEmBy . r5 are S?rt Gf skewed m??na them off Gr smmething like Ithat? is tha: A. I might ha?e Is that the way y?u kept that [315391; 1m: side? 0. Was it in that conditian that mnrning, ?Lethe "rest of your knowledge, whenever ymu left the apartzer: - he linemen?! Ila?lling Alexis and going dawn to meet hiyl?h-I ?r The? YDU and he - a time' Eta-3Q xii ?'31 1' a: Yes? q" he The elethES and ea I I '35 the 3 plant} ahyls - A. Right . 13% "1 t. Era wh taken, h?a? ?3113 pal . 'u l'l-EI-rifihh 1:15- ?Era may Entered Yeur ape rtmEnt; is th departl?m at if I'f-Eun- Pb That C?rrect E?rrect?: Ma am: ?fe-u wer dawnt? M1139 statien? a, (Neda head.) Q. You met With the bald guy? mama 52$ Foreman will you accept that as ten-g Mr . Foreman a. Yeah '1 What did y?u tat?ld him that I ha helm *Ee 9' Tall me ab?ut he?; ah?? he a y'?u at I really trFile b. ew ?ha Jen 12:3 a t? I Q. I said I fruetr .- ated . . W1 THE COURTbecause they re havlng a e43 Fan: 1 fig: a THE 0hr I U11: QUE ha Said I Mai 9 1: Fh JUST: pHShEd her and She herh LE: "a Had en Mr. Q- leger} On what baby? a. The baby's crib_ The baby's crib? A. (Neda head.) Q. Hid you tell him you pushed her damn an?sh-z- fell 611 her. {butt and her head hit the crib? . . .Ef-e What you told himthan talkeda . We 50 told him" . a right - 3' Stair He didn't beliava 9- Cr I hat happE?Ed? ha? HE II . knew it was He the truth 9' he thak?? LEE: 1am? A, Right. 9_ and he didn't stop there either, didn't he? a. Right- 94 SQ than ynu came up. .. the t?nizd :3 was the pushing, right? ?11- . 3;;1 All-Li.- - . LG: satisfy him either? ?ning: d'dnpoint {11 tad. v.5 happe .Lii'g. I i 6 ?ha 523371119 5 1 :1 mad 50 Flak? {Wheraupgnr the here had, my: {311%- it'details if that Statement 1" Emmi?: THE COURT: Which statement 1* MR. HUDSDN: MendEE THE COURT: Oh, What m. HUDSON: I mean, shel ll 3 talking abut: the officer said hiS MR. GIEGER: And, Y?ur Hanan nnmallg: wouldn?t go anywhere near that, but Cmansel, Hr 11:7: believe with M5. Domlnguez, and maybe 1t .1 said that Detective waning, I'm not Surer '3 HR. HUDSON: Y?u. asked. UHfar?mnatelyr MR. GIEGER: MR. HUDSON: well, it. I alleged details Df the alleged statemenr hm. GIEGER: In faCt, if I can lead he: just ask her if Detective F?reman tald yen; that Freddy was saying you did it, and I?ll just say that. MR HUDSON: That Will be fine. ThanH-u- THE COURT: Okay. I Mpg? . hereu on i of ?g?rt, En {:he hearlng . 1; Fa . . a at some lent MR..- Y?ulre right [lflfij MR rtunately Wh thaw . I atah Em} El MR he same 3 relay . am 15'3911Jr itus y?u Said H?t 1 11's g??t:nn ?lagad details 0f MR. GIEGE R: In fact: can 133d just ask I I ctlva Faraman - Bid vgu . I I I aa?l' that. HR. HUD - SON. That will be fine. Thank yau. THE COURT: Okay . ?gh'ereupan, the fallowin - . urt, 1n the hearing of the WIN-1 Pr is 9 And at same I WEE. II - want an tin ,grvlew m: qult? knit . 10:19 timedld. I. and he w?uld leave . mg ?m and cantlnue talking ta m! canthat Paint in it. I. I?lr? 4.. . i Lax.- 'if"e int? y?ur F011 saldx -. . ii. :lawyer type perscn, right? is there a .. talk ?50 I 1.2% and he said like a lawyer and you gas, :33 head . 'l warthat right? In i'?il' DO you knew if that a. COURT: I dBnIt THE WITNESS: YES at that 1 3. ND: I 1 i ?at? Over the next en; da 5 i I did yen learn that yeur How did you learn that? Over a phone call. A 9, And who called yen and teld yen that? A I get to talk tn Robin, she told me. ?ndIr ma'am, when Robin teld you, she told you that, and she also talked to yen about some other things, ?m?t she? An sun. a to talk to nd encenrage Y?u Q- Did she talk 110 yen a the police again? make sure I tell the truth_ . 5, . 1. She. told me 3? er ah?ut that Phone call? remain}? at Ya? '3 1'ke what 9- Tell ?19 ml at, ut 31631531161 she 1 1 . . hatever n. she ta 1:311 the I and - - a . happened! I need will the,? what. haPP - ?tr-Hf. . 3: . he emotional? 5 . ?ag {35: 5h t"J?friqqh?ill. #35 is.? in that type Df frame? she you 5 mathering thards $65 ?ne I is She's a Very g??d friend of min . a. secmnd mum- i? pi 9? all them what happened? .t0 mam! {3 she basically tell 5,9 0 3:95- 5-. var? Serigu'?? 3.5.3 . "i l' tedl that Did she talk 1:0 FEB ab?ut the fact that th. 13 was Yes! she. said it was very serious, that Wu IRE ta tell them the truth about What happened. I- . to gnu abaut that you cauld be . . . I that 3511 recelve a ?entence was an EfflcE ph? at . 3' Did She tall Frau that Y?u head cause ycu might becauSE i. . be face the death 15 PEHalty Wu {hpanaltyr did she say anfr?thing like that? 3, man 9, aim-E1. 5:911 take it like that? r- enter mind that I need ti} 231:3 I - -1. . - "El I?ll avaid the death penalty"git-ting next to: [9011 has bee ase of 111115 agin?t 9* Sll?? 3a? HE e~ Era snaking ag?ln?t Mand?z'? ?9 {hath fun 0? that avg 9' a part 01: anything th tug dacisians that Wu mad-B at anti-Jar: 25'? N?w mt you to aith mat you've told us L. - mke" mt ?19 @314ng .th? 9011?, in talking to your in this can in talkim lawyer, in talking law to - .mh $01.11!? Office or in ya?: taatimn? did that am: enter intn it? 9.. Why did You diam-SIB Your story and ask to tall: d! again and tall them the .events -- the events 141 than the second tima, were they consistent, are: today in the caurtroom? ta?iaian ta do that? iron 111?? and I *1 Hell! I M?t ii.? 7: :?nall any 0f tmt? mm the rim ?ax-grant 1m: with Mumainly wan-b.1333 1 an. an E22555 and told you the baby hid died. mm 3., (kinds ma 9.. was it there"Te sense? dispute that it had . ficera and c? of a? withe secand tlma, current? I talked to Allen tr. a ?wad time I d9 recall .that- Q. And those were the . two time? You talked to the malice and y?u dldn't talk to then again, as far a I 3. That's right. q. Once you were arrested, right? A. That 5 right . 9. During that. phone--6311; anytime, including Robin. anyone 2:34} 1-1.2. head traumaIr braln . 23.2. ?35things that cause 45:3011 been told an . . Anyone- i .I- 1' know can cans? ml cause those- things? ill-3U; 'l \h "{Mg am 1? ,i and a aware ham inj . No?. *uahmi IN falling amen th and Hazlitt . - 11'! ii" mwmmu 6:19:19 .. Wu? 3? wan m? her than that. did he give '1 3?31 any how tha child Ami Gould have had - . an injury-11kg . - -. . 1.30%} 2Wr that? ax I don" 1: Number anything 3.14:! tall: t9 you ?11113 1* ?1 i am? what could .. 1: m; hear any": hing said something m; 3' Se asked about]. hearing? and thiF? ,9 inwlvea in "m ?nun. That's aarramh {-le 9' ?ame man out a way ta ra?olv? 3, That 3 right. 0, And Eventually a Pl" LII keyed between Mr?- H?mquu?n t. . ate 0f Oklah?mar with ma "Fm'nm?: in mm th; 13 that - 3.. What d0 YOU meanYou never even mease, did you? A. No, I didn't really $510911 22 . Q. The only -- A. I don't know 9- Well, F. Did Mrs. ?n or at least. 5' Yeah: .j . v.5- 1a.. Thstunderstand; that's cor-tact - ?3 reassess: .5 Q. And essentially all thee I awn?- 51"eh" I. in prison with the first 35 a- a ?235:- I as serve; is that right? A. That's right. Q. How old are youHammarasigg . 35 Percent rule11- YeahDISTRICT A. I understand. QI our conversations that we had, did they talc .- efore place 13 1: after you were sentenoed and already sent to Fri-50H? A. This is late, like late late whenewier t?e Q. Right. You are a} 1. And agreed to everything.- Q. You are in Mabel Basset; Facility, you already pied b'eforevggag?? and had a conversation, right? A. Right. Q. And you know your that You were going to sagas A. Correct. - I i' .- this Story to trylawyer what hat-139E113; -- - Ii mutt-ma tantra, I name m- to hm. a? the ?Eats 1 '51 tars: 1 ?321-53.. In 11% and? Kitty. 9.. Why were 17m asking your 7" .r ?2 -- 'l 0 1.. Cause if they were to r3 . - c: and. happening. ii?- . m6. can -. 5:31:13: is .. in: said, that she Q. Eh}? didn't p; I was am a M's phone. Q. How did heyvr ni?g- 0a 37ft? 31": ?1111. that was how you "are all 11" OH mil-?m: and I mentim'ed ed to a? 911011.? - hingl rtal the room quick mm MIT: to I did: they Eildn PE ?311 Freddy? i. a 1? English. ?hat 1 You call a. read ab on that 43?: if Because the baby was out of f0 9. So even with - .- '3 and dlapers. l, I don't have a ear, :9 and I already tried walking myself get hit by a car twice. - 0. Do you have money? A. No, I don have any He keeps all the mone?a 9- Whenever you would. 1? I "ad that to haggalaent,r yet-.12 On speaker? 1' 30 he can lisp-? Sure 9* Is that a . in the apart-?lent? ?We mentioned th at I was hurting her at: :35} be more concerned to came out. I den't it sounded I I- 332:": hm: how to lie.r 50 - '?rstm "3 that now. 9.. But yen lied to the purities-E. l- 3. And it didn't make 51521155: Q- Didi: Hark out very you told than 129; a. 1- (Rods head.) 0' were they A. They were . DISTRICT 10-31 ?9 said 9. He said that ta Y?u Specifically. I I anticipation of your sister coming? a [lb?huh, and he was real, real angry about it . During this time period that you were living in ?at apartment did he ever talk to you about the custody :f Josiah? Yeah, that he would take. . . that he was ?rs Josiah to Mexico, that he was going to With its babY- - Q. What would he say in regards t9 :brsin custody instead of his mother-.3, -- I about it? A. He would say my parsnt's-z EM . . Ecru donrt have the money, you .. :obody's going to help you. . . -. and my parents can easily anEy_ 9' Did You b31123?? '1 A- I did. DISTRICT cones-u" a, nu? Hid vnu tall ?t Mr: Gi?gar} Mal am. other than 1, that: anything else about that conversation tall ma" abuut that ynu called he ?quip?: In sea-Hy. HE Ed her Fraddy didn't want you A. I don't recall. I just rememerhaing Qatar and trialling her that she take- am: because that she was upstart about it 51m pullad together to name get; hat; 1 'l - Cl?ar you had {33, ,f .. I I 1'm. because I 'm losmg it and I?m. . A. I told her that I to come and get her. ll Q. You told her wigs"? hurt Alexia? 5- Yeah. I 9? Did You hum; 3- No. . A. Yes . 9" Had ya? ever him do that be: ?we? that day? a? with 31.31! a. No. {Wherequ the following bench here had. out of the hoa ring of the juxy,) comm: Do you want to start? It's minutes till 5:00. m. HUDSGH: 011! It would f- I- - n- . rag-i . . longer than five mdnutes. com-11': That 5 why . 1. a; start break and come in; in the morning? What MR. 301380?: in the morning, COURT: I 3n . DISTRICT 1f 109$ court, in the hearing of the jury?) THE COURI: Ladies and gentlemanr that's all we're going to do for today, it' till 5:00. a about fiva minutaa Over the night do discuss this case, please do not allow anyone to discuss it with you, and again, we will raconvana at 9:00 o'olook in the morning. You naad to soan, than come here and_a55gmb?? upstairs. rise. You are axogsgd, (Whoroupon, the jury axita?; in THE COURT5.15%; ?53 truth: '5 12:71:.- .. - r.?P . 5:13. It . . excused. {Wharoupon, 4:52 puHh) - 1091 DISTRICT STATE OF 0MB QUNTY IN THE HIE STATE OF OKLAHOMA, Plaintiff, CASE NO. CF- 11ng? MENDEZ, 2011?6254 vollm of Defendant. CERTIFIGATE I, Tara Nixon, Certified Sher-theme Reporter, Registered Professional Rep?rter, cert-i??d Begum Reporter, and Official Court I1- do hereby certify that.7F'1hioczirreot,r and complete tramnil. .. 1096 [Whereupon. the jury entere the following transpired ind at 9:17 a GPen court.) nd THE CGUET: You all may be seated. Good morning. {Whereupon, morning."} the Jury callectively rePlied "Good THE CGURE: Happy Friday. {Whereupon. some replied. "Happy Friday."} THE CDURT: I think we?re ready to pick up where we left off. Mr. Hudson. HUDSDH: Thank you. THE COURT: Cross?examination. (An off the reoord disoussion was here had.} vIoToRIs res oalled as a witness on behalf of the State, and ~eving been duly previously sworn, fellows: IMR. HUDSON: May I ?gjj?J THE CDURT: YES. sY MR. HUDSON: Good morning, Ms . Hi. Al Emma a lot. .%,try to be.brief.]dggifhww- I "*.oould figur?w?ggt?d??b - I ?if; 391.. 1 tun: I '-ll of it was to move chronologically, NH 1 go back to the very beginning with you. he [Node heed.} Q. Who are your biologieel parents? Al My biological parents are Com {Heeling i onetioelly} end Deremikore and Victor Sheldon. o. I don't want to go into great detail. but in it ?oeurate that you were abused by your biologiool Babhuw? A. Yes. Q. There was some serious physical ehuaa yum Buffered? a? Yes. Q. Just one example would be holding you: hind OVIU a burning stove? AT [Node heed.) Q. At some point your mother removiawyeumtg?fyegi siblings from that home; is that core-f}; 1' Th. No, DHS did. Q. DHS removed you? okay; you were removed from your bio?geeoqi .Al About three years ol?g Q. Three years old? I?i?him: Well, do you ever live with - I father again after DES Not until I spent.e?eo u; DISTRICT COURT OF oere?eggu- a Q. Do you ever talk to your biological {other again after DHS removes you from the homo? .ai I just recently talked to him about last year. Q. So from the age of three until the time you'r- :ncarcerated you have no contact with your biological rather? There was only one time. Q. And from the age of three until when do you have no contact with your biological mother? .1. Not until I was about ten or 12. Q. Okay. Is there ever a time again when you and your biological mother live -- did you live with her for a while? an I wont to go visit her. Q. Went to go visit her? .A. [Mods head.I- ?3111?: ..I.I .- Q- Who do you live with afoot?? your biological home? That's hard to say. homes in one year. THE COURT: Can you. .- THE JURY: {modded REL If any@u@.orw.i attention please- DISTRICT COURT or 1099 [By Mr. Hudsen} st seme peint are yeu placed a permanent fester family? Yes. And what's that family's name? A. The Hernandez family. Q. De they adept y?u? I believe 30, yes. Q. Yeu eensidered them te be yeur family as yeu :ye grewing up? A. Yes . Q. And yeu were abused while in the Hernandes ily heme? .3. Yes. Q. And that was a ehrenie and engein'g .A. Sis years. Q. Hew eld are yeu when yeu leave:- amily heme? it. 18. Q. Did the Hernandez family; i; that yeu were suffering while 1551s: A. I tried te mentieh it: them until I was abeut yea. A. I had my ewn 421-31 Q. Have YDU had a Chil?j??f?mp; DISTRICT COURT OF 1100 I A. I didn't have a child till I was 19. a. Are you married to Dayland Hawkins at that .A. When I turned 19, yes. 9. Is Dayland living in that apartment with you in .?rman? He was. And Dayland is the person we?ve heard a little about who was abusive towards you? Yes. Q. A few examples are that he would hit you with a #34? a. (Node head.) Q. Right? . [Node head.) .A Q. You have to answer out lose; .A. Yes. Li Q. Break bottles over your.hg?a?' .A. Yes. Q. Drag you through brekg?g?m??yg in. Yes. Q. And ultimately ass-suit; caused you to contact law protective order against him a. Yes. DISTRICT COURT OF as - 1101 new old were you when that he I "la-3 nation? 15?! Q. ?eu?re friends with Andrea? ?Am Andree Wallace, yea. Q. Wallace at that time. And you're friends with ;Mbin Deminque: at that time? Yes. Q. You etill have some relationship with the i rewkine family? i .A. He. Q. Se you've cut eff your relationship with, net gust Daylend but the rest ef his family; is that eerreet? a. Net exactly. JHR. GIEGER: Judge, are we talking then er are we talking new? I?m not sure eheut th? eueetien. That's what i ween; - I THE COURT: Yes. Held 9.1? .. Clarification. HR. HUDSON: I'm sorry. 9. {By Mr. Hudson) Letheuh??i? moved eut of the heme yeuaheWEEe?i police repert, correct? .3. (Neds head.) Q. Sorry. You haeehjewhenh .A. Yes. DISTRICT COURT 0F 1103 And you've gotten a protective order. A. Yea . Q. ant-root That protective order is against or in . land protecting both you and Alexis? a. Yes. Q. How old is Alexis? A. She's barely sin months. 9. You're now living with Robin Dominguez? .h . Not at that moment, yes. Q. ?kay. You?re friends with Robin Dominant: It ihat point? A. Yes. Q. You're friends with Andrea Wallace at that saint? Yes. Q. Have you out off contact with England Hawkinl? family at that point? Cheryl Lancaster but not tma?aa?g?na__q?i .- Hawkinsdifferamty??a. still have contact with from tugg?gwiqn: .A. Elisabeth Hawkins an??iaaYEn' some other members. Q. I'm sorry. Elizabe?afne?gm: It's Alenis's DISTRICT COURT OF 11133 9. You're not in contact with your biological =-ily: is that correct? .Au At this moment, no. 9. You're not really in contact with your a?ily? adoptive I'm talking about at the time you're new in this with Robin? no Oh, yes, I did have contact with them. Q. You did? Where were they living? California. Q. When had they moved to California? Shortly after I was pregnant. Q. So.mayhe a year and a half before the time alericd we're talking about? .A. I'm not quite sure, but it was shortly-after I was pregnant. Q. Okay. .A. They left before Alexis was?hesm? 4f Q. Had you seen them since thgtig??gg'* Only.my dad came em if Alexis. 9- 9156 do sou see as . i. regular basis at that Dominguez? Who are your frieth that you see on at least, let"? A. There a net a let .es DISTRICT COURT OF 119$ Have we pretty much listed them? Pretty much. Rubin Deminguez? (Reds headt} ?ndree Wallace? {Reds heedt} maybe Elizabeth Hawkins? Uh-huh. That's it, right? And Jamie Hawkins and Teresa. Two of the Hawkins' daughters? Uh~huht Deylend's sisters? Uh-huh. a. Now, Mr. Gieger asked yen yesterday a - hen you made a repert to regarding??lizah??h. Hawkins, 010 you remember thatare recall her name, but the DHS Q. Sharita Williams, use? Riig Yes. I Q. You remember that {je?af weman? Yes. Q. And she was intEj??ETg? -- DISTRICT COURT OF 110$ get into all the details, but aha was interviewing you .megarda to some of the you and Daylano had had 39 before, correct? a. I Q. And at some point in that interview you have a a veraation with her about Elizabeth Hawkins, do you :femher that? Yea, I was concerned. Q. How I want to ask you if you said certain ,Vinge. Is it true, ma'am, that you reported at that ",me that -- well, is it true that you're half Laotian ;rd half White? Yes. Q. You told Ma. Williams that, correct? .A. Yes. Q. And then you told her you do not ?3me?b?r you: laiological parents at all, at that 1% 4e =wt .A. That I didn't really have?eeae about the history. -I- Q. So if she reflects that not remember your biological reggae; be inaccurate? LHR, GIEGER: ObjECtiif; that is inaccurate. THE COURT: DISTRICT COURT OF 0 -,ang 1106 no mm? well. let me ask it a different m5" I C??ld? nu ma: Flight, if you would. 9-. (By Mr. Hudson} Did you remember your biological '-nta at that time? A. ?t that moment, yes. I did. Did you tell Ms. Williams that you did not have . memory of your biological parents at that time?I -hs .Aa referring as the history, if she wanted to a-ow about the history. 9. Okay. Did you indicate to Ms. Williams that you L:ve tried to have minimal Contact with Dayland Hawkins.? 1&mily since the incident that led to the protective ?der? 3.. Yes. it 1was very minimal. Q. So despite some contact with rid Myland Hawkins' sisters you ?at! as very limited? 3.. Yes, to make it less an . .-- 9- Okay. You indicated 124:?- . .- . let.A1eais' paternal 1. pick Ale-sis up hilt that in ii. you do interview occurred, oorreot? A. Yes . I.- DISTRICT COURT or 1 11f)? Q. With a black eye. with bug bites and a diaper rash. Okay. But that in June of that Alexis came e.u remember telling Ms. Williams that? .1. That she had a head injury near her and she bite. these bug hites all over her and that she did a rash. 9. Okay. And you further indicated that Hawkins provided no satisfactory explanation for thee problems, correct? A. Yes. MR. GIEGER: Objection. Your Honor. may I approach? THE CDURT: Yes. (Whereupon, the following bench conference was here had, out of the hearing of the jury.} GIEGER: The report says thati?am Hawkins oh, I'm sorry never called to fell on her and told her when it . .a 0.7.. IT: PS ?.lrt'lc home she had no further explanat?eewes ems of her daughter. And she just ?h afi apologize. It says never THE COURT: Okay. 4. MR. GIEGER: So never THE COURT: Overruled. (Whereupon, the fella?ww??g DISTRICT COURT OF .4 -. 1103 court, in the hearing of the jury.) 9. {By Mr. Hudson} Ma'am; did you further tell Williams that you felt that Ms. Hawkins did not care for Alexis? .1. I just felt like she should have called and told ?that had happened. 9. And all I'm asking is. is it true that you told . Williams that you felt Ms. Hawkins did not care well your daughter Alexis? I don't recall that. Q. Okay. Is it true that you told.Ms. Williams at Ma. Hawkins had contacted you and indicated that you :ould give her custody or you might lose Alexis to Uhm, I don't understand. Q1 Well. let me ask you this; did'Ms. Hawkins ever ontact you and say that you should give 11.313 Elf Q. Okay. And did she tell ya]; ight lose custody of Alexis to A. I don't recall the Q. And you don't know if I 2h words to Ms. Williams at the t; . A. I don't remember. l' f- la}: 1. . a. - DISTRICT COURT OF -. 1199 Alexis and the Hawkins family as of the I. .-erview the year prior to meeting s41d you agree with me? :1e living with Robin Dominguez and I guess a 9 well for you; is that correct? 19- go back for just a minute, ma'am. Who when you finally called the police 9 kins who called them? i reported that he had assaulted you and that few enforcement assistance? he arrested? ;3 he prosecuted? .Qi 1? .b {ewho filed for a Victimeif?e?help you ?wi i l-d a Vict?Q?T?ns1109 r,act between Alexis and the Hawkins family as of the a} of this interview the year prior to meeting . MEndes, would you agree with me? a. Right . Q. You are living with Robin Dominguez and I guess 4.gs are going well for you; A. Yes. is that correct? Q. Let me go back for just a minute, ?fled the ma?am. Who when you finally called the police Hawkins who called them? I did. Q. You reported that he had assaulted you and that .p needed law enforcement assistance? A. Yes. Q. ?es he arrested? .3. Yes. . Was he prosecuted? Yes. .And who filed for did. Q. .A. Robin. Did anyone help yen wi??kg?igfaqgng,iu Q. Robin did? A. (Mods headVista . . roDISTRICT COURT OF 0 1110 3 did. d.I think we on behalf of and your daughter? 'Yea. -You have described a series of abusive acts on of Mr. Mendez perpetrated against you and your as we move much further into the future, you I agree. Would you agree with me that leaving aaide your ion of what happened on the day your daughter igat Mr. Mendez never abused you, according to your 3 ~Etion, in the same way or with the -:n3ity that Dayland Hawkins did?' No, it's not the same. I .s. Dayland was muoh wore-g.k r?gw?w -T. In some parts, ?sh. . Well, in the parts Yea. And breaking Yes. Yes. And you found the egtaa, law enforcement 1111 Yes . And to seek a protective order? I did. . . You we moved in with Robin, things are better a I a still in a position where you have to work as Aipper, correct? I did. .9. w?tarily, was it? Stripping was not something you had gone to A. It wasn?t. -Q. Dayland had forced you to beoome a stripper? A. Yes. Q. You're working at. . . what's your as a ?apper? Where do you work, how long ds_you work there? A. I worked on and off at MR. GIEGER: Relevance. THE COURT: Pardon me? HR. GIEGER: Relieve-5mg as working as a stri?pg;? h?L 1H11.3??ggm_ THE COURT: Thane: Q. (By Mr. Hudson) Wises??W :ime you're living with R?iy? A. I was working at; 9. Which two? 1112 . It was Night Trips and it was Red Lights. What hours are you working at that time? Late hours or double shifts. . So just, if you could go back to those how did you stay with Robin Dominguez before you got own apartment? I was there with her for almost a year- Q- If you could go back to that year tell the jury ?1age week how many hours did you work? I worked every day. Uhm, 12 hours a day ;:timee, anywhere from eight to 12 hours a day. Q. Seven days a week? A. Yes . Q. These clubs were open on Sundays? .hs Not -- Wait. No, not CL Six days a week? A. Six days. Q. .At some point you aaeggz??ateg?ee__wru it? your own apartment, eer?gfge A. Correct. i 9. Down Southwest A. Uh-huh. 9- IS it accurate ?ou socialize with outeie?w?ifw'- nromoTFT 1113 A. Yes. Is that accurate? .Q. 3.. fee. a. That's Robin and Andrea, right? All Yes. Q. Gkay. Those are the people you trusted. thoee 3-the people you spoke with and when you ?en't at your job? .A. Yes. Q. Okay. You meet Freddy at some point after you ?ied into your own apartment, oorreot? Correot. Q. And if it's okay with the Court I'll refer to as Freddy at this point I-may refer to'hie other as Mr. Mendez later on. Okay? A. (Node head.) . I Q. Where are you working; when: . A. Red Light Nights. Q. You've never seen with someone that' a regal Right. Q. Did you guys A. Yeah. I- Q. That's the ?orreot? 1114 Right. Q. And you immediately start not only an intimate ionship but a romantic relationship with him? ?31- Right. Q. How long had you lived in your own apartment time you met Freddy? A. at Uhm, it's been a few months. 9- I'm sorry? A few months. Q. .A few months? How long before he moves in With your apartment? a. Well, he kind of moved himself in slowly. Q. Okay. How long though? .3. Uhm, two months. Q. Okay. At what point -- you indoeatsa during- :13 est examination yesterday that; . I . - . 5-1.: - Eddy are still luring in. your th that he first started to 3? A. He would get angry .rglgiikqt I 32..-. I juat want THEM - I Emit- . . A?sterday. Was he ever Vlageenwmw. ived in that apartment t??eao??fw ~9th Street? 5 3- I didn thin-1e - -- DIS TRICT COURT -Watad later an. . 1- Q. I not trying to pick on ya. but I want tn. At the Yes. Q. What had he dens? JUst sheved me. pushed me and just yell at me. in my face. 9- New. this is at a time when yeu're still werking ea-le shifts in strip clubs, right? Net double shifts, but my shifts lewered. 9- Single shifts? A. Yes. Okay. Nevertheless, heW'mamg @333 a week Era eat of that apartment and a? Probably feur. - I . Hf": 1 Q. Fear? De you still I. I - Eeminguez while yeu're Semewhat. Q. You still have - I Living in that apartment? Yes. I - _r I Q. New. at same pei? i. . - .3 sou leave the .I. .- Ill. '2 home? Correct And while you're gone you are essential; ted from your apartment? Right. Q. That1r a situation that you say Edy was supposed to pay some aroma becaus- rent and didn?t? Yeah, he mentioned it and.it.nevar happonad I Q. Do you remember around that time tho Honda: .5: offering to give you some m?oney- for yeu- ?9913" :y rent? A. They did. Q. The problem 1was that they; had you usand dollars but you let . - - - 1 - - .l'i right? If 3* They didn't offer" -. Q. That's not your m?ma?ye 1i. 'No. 9- Nonetheless, ;h some money to help Right. Q. But for whatem??gmgg?, ?Purred? 43? Twas. Q. 'And you last II- . J.- 1111 an I did. at Not just your personal belongings but also i?is' belongings? in Right. . . hat.did you take with you for that houseaittinq A. Just he made sure that he got all his stuff I I . Just grabbed a couple of clothes for myself and my jahter. 0. Okay. So you had two or three days worth of eggs of clothes? a? Right. Q. And Alexis had two or three ?days worth of 7 clothes? .AJ She had a few.more, yes. Q. And the Mendez family allowasw??iJEH-FEW F. I- - your daughter? 1 A. Right . Q. Are you pregnant with 7?e? I ann -I Q. How far along are gage A. I was probably anmag a. I do. DISTRICT COURT or 1113 That's been an announcement made to the ?amil Y: - 'Endes family, for example? Yes. And it's at this point. if I understand your orreotly, that Freddy's towards you to become more chronic and more pronounced, more - a. Yes . -Q. It's happening more often? a? Right. 9. .And this is going on in the Mendez family home? .A. Right. i Q. And.it's going on while the Mendez family is :34 right? a. Right. Q. And he?s well, what's he A. He would grab me, ohoke me}. - - -- fh' . pry time I tried to run he?d yank gpweoee.te By the hair? 01? other parts 0f Q. A. {Mods head.) Q. A Right. Rip my How would he yank youhair and yank me back; DISTRICT COURT OF i1 ;Iinn+ tho wall! mm 5* In Yoa? Would he am hi ?gni 0? h? kiok mo: shove mo into the would he leave bruises? tually pull hair out? How often woo this occurring? Almost every day. A. It wasn't long. 0. Now, I think you mentioned on diroot examination Fvoddy was working for his dad' zaany? A4 Right. 3, 5 oonstruCtion 9. Working long hours, right? Right. a. 9' Fm" 5 '33 works far ?32225:? otruction business, right? :1 i A. Right. 9: Fraddy's mom works ?ooi?gg .A. Yes. . Q. There was a 1. Maria. I Q. I'm sorry? 3. Maria. hm ?M?iM??w 112m 3: Maria. iy? 1'Iu She was empleyed by the constructien El . Were there any adults living in the heme wh 0 hr. empleyed when when this daily heating ?ed te There was a maid. Q. Okay. Whe's Amanda? . Uhmi I don't remember her name. .A Q. What's her relatien tn the Mendez family? THE CGURT: Mr. Hudsen. Mr. Hudson. she said a maid, I think. HUDSDH: And I'm sorry. THE CDURE: An maid? Yeahr a maid. i Q. {By'Mr. Hudson) Be there weswemmei?rthE$e? .3. Ruth. Her name was Ruth. I . I :3le {39' . I F1 $533..Jl IMJ. Ne. Q. Sincerely I have seme?j?;?h?i is a while I just den't Was the maid meried ef time? A. Yes, she was there .. -. .ent back te, I think she?s?twsfihw DISTRICT COURT OF 1121 0k . ay So for some period of time while these ?y beatings are occurring there's a maid who' i uoyed in the home. A. Yeah.I not outside the home? she?s inside the home downstairs. Q. But she?s only there for a short while and.then that every adult in the home is employed outside {.home, correct? Right. Q. You understand what I mean by that? They're ?king outside the home. right? Right. Q. There aren't any stay?at?home meme or .gy?at-home dads, you're the only person staying there r?ing the day? .A. Right. Q. Okay. And the 'a .ephones? .A. They do, they have a Q. Do they have one phone gif?ee?:t iltiple phones? .A. They have multiple phd@ien Q. Do you know how many? a. There 5 one in there? - bedroom. there 5 one ere's one in, it used to; . DISTRICT COURT OF OKLAHB -. 1122 ?:probahly four phones, I believe. Where's the nearest phone located in relation to -wroom that you and Freddy were sharing in the home? is It was the main phone which was in Christopher's in" How far away? It's, uhm, I don't know. Just down the hallway. know how to Is it accessible to you? I mean, you can walk aid pick up that phone and dial a number if you want uh. .Al I can't just walk into somebody's room and pick {he phonedifferent way, is locked? 11. um, he did start looking it Q. Was there a phone in the nag?a??a??fg to you, you can -, pick up? A. Downstairs. Q. You can pick that if I was Q. Is there -- Are the:L DISTRICT COURT OF 1123 .I . Uhm. yes. there is. 35 And did they have internet aooess? F. I don't know the password or anything like that. So you had no ability to aooessJr for example, while you lived during that period of time in the home? .E. Not unless they allowed me on the oomputer. Did they ever allow you on the computer? A few times to try to get job applioations. Was there a fax machine? You know how to use a fax maohine? Q. Q. .A. Yeah, there was. Q. If showed properly. yes. 9. Was there pen and paper in that-hdm?? A. Yes . Q- You know how to mail a lep?a?$* 4h. I do. I Q. You are home alone or at le??g*wu .I ?vlu- - a for sight, nine, ten, 11, lasw%?ssjl ew long? .A. Not very long because .Tf?y?wm. I- I 'r'i . Q. Well, on an average eve in that home without s?m??g??magmw~ .3. Probably two. -- -- DISTRICT COURT OF 1126 . that peried er tim- - inferm anyene ef the abuse that Freddy is Okay. At any peint during ??ing yen te? .. HG. He's leaving signs, te yeu, eerreet? {Neda head.} Cerreet? Yen have te answer eut leue. Yes. ?Qa And.the Mendez family weuld be able te eheerva sigma. eerreet? .1. Right. 9- Is Freddy abusing Alexis at the peint when *ve.meved inte the Hendee heme? .A. That's when he started spanking her. Q. Started spanking her? .A. [N?ds head.) IQ. Is that abusive, is the spanki?gf?: .A. It pregressed inte mere'aggme?gg?s what we weuld get inte arge?egeesieev Q. When it was mere aggreSET?e.e?h' te the peint where yen ?hfrent himr which yeu did ee97he?iij Studid. Q. In fact, ?st fights with him, right? DISTRICT COURT OF 1125 A. Yes. Q. You're no shrinking violst, him with your fist, right? in. I'd try to. you would literally Q. You didnwhat you told us, t? .A. (Nods hsad.} Q. And you would confront him, you would.say'snough snough, you'vs dons snough, right? I don't want anymore of .A. [Mods head.) Q. it got to that point -- THE CDURI: You're going to have to answers . 0h, yss. i HUDSGH: Sorry Your Han??h 9- {By Mr. Hudson] When it.g-.I E..- doing? Dssoribs for - . . - -, point of losing a consist-Q ?1 I Hs would grab hgwiggagsg..' anking on butt or anking her on her butt, juout that and I would ?urnsd out I wouldn?t win. Q. And that was sing: DISTRICT COURT 9F 9 gaggsa?5n.. 1126 {Rods head.) Correct? THE COURT: Yes? Correct. (By Mr. Hudson] While the Mendezea are home. ?1 t? Correct. 3 Because the truth is when Freddy was home thorn -wther family members home, because they-worn Ill ?hg the same schedules, right? I Ah. Right . l" 1 .And you two didn't own a car; YouhandLEth??' 1} own a car, right? i# .A. No. inn?l'l_ Q. In fact. Freddy .5, .. ;*Period of time You knew 'Inq.? I He did. He had a tk?iaonishort :??iis give it to, I think he so ~Aonged to somebody.else; Q. So I 'm sorry, I V?iGd of time when was that? -- A. In the beginning. - DISTRICT COURT 1127 That's maybe how he would get to your apartment .R-eat 39th? By the time you moved to the Mendez family home ?hicle was gone? It was there?=?ewnership over it. In fact. he had the ownership over no vehicles point you move into the Mendez family and mcving war Right. And you had ownership of no vehicle? I didn't have a vehicle. So Freddy would have to ?e correct? Right. Q. And he would ride home wifgz??eaLa a? Right. i Q. And essentially from .as: family home. unless thatgasiygg* 5% you described last night and Freddy weren't there .A. There were some days g; as; Q. But that would he -- DISTRICT COURT OF means; 1123 We. they weuld ge set and ge te the mevies and there er theywas just f?him.er they'd run errands during the day. But he didn't hesitate te abuse yes even when ef his family was heme? He. that didn't step him. 3 . And he didn?t hesitate te spank, fer example, is inappropriately when the rest ef the familyswas . Yeah, he didn't hesitate. a. .9. Dr grab her by the arm. things like that, right? .A. Right. Q. We saw seme pictures yesterday where-yen sued her by the arm. New, these 'taken after yeu've meved eut ef the s?apartment er net? Right. Q. But he was deing these ei?e??ggw; {:were living with the Mendesesthese picture?i?eeg hit her in the face with a ??ture? A. On her birthday. Q. Her birthday picturae DISTRICT COURT OF - 1129 Jails you were living in the Mendez heme? That was the Mendez heme, that occurred in his Okay. And these are all things that were :7ng while the Mendezes were heme and present? Right. e. And they're 'uea? leaving marks as we've seen en the 3. Right. is. But you don't tell anybody about what's going He. Q. What was yeur relatienship like with the Hend?l ants; Mr. and Mrs. Mendez? It was awkward. Q. In what way? A way ef, like. I g?t bite the hand.that feeds g?hika .1 cut, would help clean upcg?%f3ege~ ?dews, after the maid left I 3s;;s eres, help Geek dinner. Q. Was the maid there wj??fgyr She was. Q. She was? Se she lefg?egn~ Y5 she was there and DISTRICT COURT OF owe, . 1130 E~moved in? A. Right . Q. And you started to take on some of her etonsihilities? Rn Yeah. 9. Were you olose to Mr. and Mrs. a. Mendez? I wouldn?t say we were close. I just felt I was- ?eer just there. -Q. Did you feel like you could trust them_end you :7d go to them with your oonoerns about Freddy?s :Etment of you and Alexis? .A. I tried to reason with them, like. for instesee. talk to them and he like, I so angry; because they know i Yd- VB seen him: they?ve gotteo .- ?er as well, too. Q. So let me just make enei'iie ex zed you earlier about whet-h??-_ 33.3.: ?body about his behavior E?fq?g??-mq actually tell the Mendeegi??aaw: A. Not about the .A. No. Q. So I just want tewg?geemeag 21ioularly 1131 iRight. YYou felt like you were being treated a little i a maid there in the home? At a point I did. You were scared and ashamed to talk with Robin about Freddy's abuse? Right. You were soared and ashamed to talk to Andrea about Freddy's abuse? Right. Right? People that you trusted, right? Right. People who tried to help you in the pgagt rig?t?? 3 . 1? 1g i are But you talked to . a .. .aon's abuse of you? .1. The verbal abuse. Q. So you could overcome .. rams to his family who yougalgi?; 3% and who treated you likoxi?egte a come that with the peoPWoa?uy: meted in the past? .A. Because I no longerae?aw,i ?res on a daily and these -%ry day. DISTRICT COURT OF 1132 I understand, but you still spoke with Robin I barely. barely got to talk to her. Wellr she came over to the Mendez home several -right? She was invited to a shower by Rosalha Okay. .And. in faot. she oame over to the Meade: - en you were the only one there on multiple :?ons. right? There was a few times in the beginning. ?Qu Had you lost faith in Robin as a-friend? -1. No. I l' a. ?Wu-7v, .- (mg. I you weren -l . - .sf' -I r; didn't ruin your trust in No. I didn't. I was A. Q. You were afraid to tell: A. (Mods head.) Q. Even though you trustef?sj; MR . GIEGER: As ketl . THE COURT: I has Sustained. .MR. HUDSON: May THE COURT: Yes . Q. (By Mr. Hudson} Ms DISTRICT COURT OF you something, I?d like to ask you if you recog . nice you'll tell me if it's your handwriting on the please? It is. You do recognize it? I do. That is your handwriting? It is. It's a letter a Mother's Day card that to Rosalha Mendez, correct? That's correct. HR. HUDSDH: Your Honor, I'd metre to emit. State's Exhibit T. THE cone-r: Defendant' HR. HUDSDN: Pardon I'l'lE, (?*c?rreeis?e 'a Exhibit T. THE CGURI: Gkay. .MRH GIEGERJ I have njq%g?igci THE CDURT: Def admitted without objectiegg MR . HUDSON: May I a; THE COURT: Yes. a?prcsimately? A. I really don't. . . DISTRICT COURT OF 1131 '7hur'a Day. d?ould you disagree with me that it comes in car? It -- yea, it does. This would have been a Mother's Day card that have given Roealha Mendez in Hay of 20115 Right. Ii Just a couple of months before you've moved out 4~andez home, oorreot? Right. Would you please read that card to the jury? It says thank you for all the love and the - .3 you have given to us. We with a11.a?r Happy Mother's Day, love a. and Freddy. I i - a 19. And that's written by ?vg?p?ryP II .. .A. That's correct. .9. Does that describe tnagg?kii 'iba? .A. No, it doesn't. Q. You didn't know you gig:- one day, right? Right. 0. You wrote that gagig: .A. I did. I . - DIETRICT COURT OF OK 111 - 113$ 5?d you gave it to Rosalba on Mother's Day? A did. Whid you buy this card? (No, I made it. 'You took the time to make it personally? I did. I do little arts and crafts. 313? Gave a Mother's Day card to Freddyia aria? I did. Similar card? F: It's similar. ?u Same kind 0f language inside? Yes. That would have been May of eerm.mearraet?> 1 That's right. I N?w? when Y?u were at V'we asked about this fact with Andrea Wallace, sag?gs?s Somewhat, yes. Q. You're able to contaeE?e?. .A. Yes. Q. And you still Yes. Q. In fact, she bebySKE? ?asion? 0F oinsm?W' 1136 she did. still have oontaot with Robin Dominguez? .Less. Less contact but you still have oontaot? Yes. I mean, you'll acknowledge that at one point you is oontaot with Robin Dominguez? In the beginning, yes. You still see Robin faoe to face? Barely. On Uh?huh. Sometimes without anyone else around? GIEGER: Your Honor, and answered. .. if- THE COURT: I mean are different direotion? MR. HUDSON: I '11 just THE COHEN: Thank TQ- (By Mr. Hudson} Do. your .- Ir not see to fees.r but ll. I did. There were family 3- There was . Q. Where not only .5 DISTRICT COURT OF L-il' 113?? other {think 92: friends of yours, for wrum anvi'M? Just on,? ?me tim, the baby shower. ?43 if @3315? :Wrod multiple occasions *2 ya; oiaagroe with that? I marl: really foo-all. We you too-53.1 on those occasions it would just be your: arr-i Robin off by yourselves? . There 2mg 111.165 mo and her off by ?nere's a fight that occurs between you and Mendez arv?rwi July 4th holiday, correct? wrrm. Ha 35;, do go: rm: the 1351': time the: Ezeddy - r; :43. til you was mat episode? A, I dimw to the :33; I m, I. moan later on I - . -s an; physically violent A. I didn't. say that. Q. nonetheless, I I to move out: of the . 1. Flight. 0. Prior to your DISTRICT COURT OF 1135 ?ver tc the hcuse? i'ere was. .L wanted tc ask ycu ahcut that, Y?u r?memher . occurred? It was after. After the July 4th incident? {chs head.) Okay. Rcbin actually enters the heme? {chs head.) .At acme pcint, right? She did. And ycu're in the shcwer? Right. .?nd she gets ycu cut of the.shawer?- lkight. . a .s. Right? And she tells . hat" H?Ilg?} right? Right. -Q. And ycu did that? EEK .A. It a p?a?c Q. And it's your sass that Freddy was.befag?ac. 1-1 A. He was. Q. And Rcbin was DISTRICT COURT OF 1139 .~ot all of it, but she saw the markings Did she see any of the violence that he ~ad against you in the home that day, inside th she just saw the markings or she oould hear ung She kept coming back in and out of the room "anteo time alone. And what ultimately ends up happening is that 13 Alexis and you leave the home, Yes. oorreet? Are you certain you took.A1esis? I did take Alexis. I wasn't going to leave her 1 I You didn't leave Alexis there With.Ered?y and zfreddy Josiah? No. Josiah stayed with'Enisv?h 1 II- :t me take my son. I Q. How long are you out sf m- - a I inn?Probably a weak. Q. Okay. At this . 3 .Fez family that you have .A. When I came back. ?ine?mar we have to go. 9. I'm sorry. I wrong. I thought I I DISTRICT COURT 0F 0? a 1140 aghad to go after the July 4th incident? .A. That we had to move. 9. Right. You hadn't moved out yet, but you had deady been told that you had to leave the Mendez family 3; ri A. That's what Freddy said, yes. Q. Because, I think you described it yesterday, ey didn't want basically the drama? To watch the arguments and everything that we ree doing. Q. That happens prior to you leaving the hemer?i?? ?iin, correct; because that happens immediately after iis July 4th incident, right? A. Yeah that's whe - . we moved 7 *HAea 1?zrfu5? "s 3: eartment. I Q. Well, I want to make surer?hh?-?ef ronology right. There's an .s, There's an episodEa I Q. Police are called? .A. Yes. I Q: You never talked taag?g ?hz -fe called out there? 11. Yeah. 9. Right? A. Right. 1" .1.- an. as?! -m?li W. . -. 1141 And then right after that the Mendez family says Met weleeme to stay there's tee much Yes, and then we feund an apartment. But prior te finding the apartment but after ?~heen told by the Mendez family yeu?ve get ta leave 'e an incident where Rehin is at the heme? There was. and you leave the Mendez heme, correct? Yes, I did. Okay. The concerns that yen had with Freddy's tu;gr were limited ta his treatment ef-ydnreelf'and eerreet? Cerreet. 9. Ten den't indicate that he . ;ey Jeeiah? .A. He, he didn't. Q. And his family neveerifd?wg?gg- Ne, they didn't. Q. And at this paint .eie frem the Mendez heme adeni?a?~?n? .I I iribed and left Freddy behind? GIEGER: Ferm a; Jae THE WITNESS: h? DISTRICT COURT OF -. i 1142 IEE COUHI: Pardon me? GIEGEE: Dhjeotion is form of the question THE CDUEE: Dverruled. Go ahead. Go ahead. GIEGER: Can I approach, Judge? THE CGURT: No. Go ahead. -Q- {By Mr. Hudson} Is it true, Ma'am, that at the 1.4 that you've left with Robin Dominguez you?ve left 1 ends: family home, you've taken Alexis with you, ?fot? Correct. Q. So you and Alexis are now removed from.the 4vtion of the abuse you suffered, right? .A. Right. Q. You're removed from the person who.pespetrates. A a abuse on you, oorreot? a. Right . Q. And you're removed from ?g?gi?.mm perpetration of that abuse sen .A. Right. 9. the Mendez famil?g'??gu': i left behind is your Frfeotlv safe where he's as; ghee .A. I didn't think -vng to let me take him, Q. Pardon me? ?r DIS TRICT COURT OF a. a I said I didn't think he was going to hurt him -ridn?t allow me to take him. baby. I tried. He wouldn't let me I understand. But I'm saying at that moment, ??re out of your bad situation, you've removed your from your bad situation and the only person who behind is safe in that situation, correct? At the moment. .And you?re staying with Robin Dominguez, right? Yes. f. The person who helped you file a police report w-t a protective order in the past? 3.. In the past, yes. In. And you know that if you go back you and.Freddy - to move out on your own, right? A. . .. 0. Because you've to?. can't stay any longer, riggfj A. Right. Q. But YGU take Ebez? ah. I couldn't stay'?ffa?gi- Jing back and I didn't gag: -Q. You are awareaggu?ogg: L- . these situations, season, DISTRICT COURT or - 1144 . ?ll?u?a Object to the question, Eour Honor. '1whgraupon. the following benoh oonferen here had, out of the hearing of the jury?? was QUEEN: I think your point is being made. I in, it?s been made over and over and over again. HUDEGH: Dkay. I'll move on. I'll move on. THE COURE: okay. Sustained. {Whereuponr the following transpired in open court, in the hearing of the jury.) {By Mr. Hudson} Ma'am, once you move back into ~s des family home how long are you there before you m~ddy leave to get your own apartment? -3. Not very long. Can you estimate for me how long? Probably a week or two. 39. Do you remember when it was that i: 3 into that apartment? What was then! ?3 vimsnt complex? I don't even know what I think Stratford, Stratfi?f' Q. Well, let's call inow what we're talking ah??as .A. Okay. Q. Do you remember iatford Apartments? - I II. DISTRICT COURT OF -. 1145 It was after august. After August of 2011? Right. So you move in September 2011? Yes. .Q. Correct? Nowr is it at this point -- I guess .?esoribed there's already daily abuse of you in the its home, right? -5u (Mods head.) Q. Is there daily abuse of Alexis while in the home? i Not on a daily but we would get into arguments it. Q. Does the abuse get worse Wh?h'g??tre'?nfmma thent together? A. I Q. In what way? - .A. [No response.) THE THE WITNESS: 9* (BY Hr. ?i?g@m?yy rse get worse once yew 3- there s1 family's home he eefm?s '3 Q. What was he nonRT il": Strangling me, ripping my clothes eff when mh'runr and I Wasn't allowed to run outside named be called a whore. How often was that occurring? w?y of what you say in the two weeks hetero e' death, so going back from Deteber 30th te Err l?th what was the situation like in that heme? It was scary. Gkay. What was he doing? He'd get angry if I didn't do something I tsin way, if food wasn't ready when he got home or th! ?ery wasn't done or things weren't put up. 30 get "r that if I didn't organise $1119. ,ave it the way that he wanted??hfh e?tqg drag me by my hair, beat 5 est of his little cousin that sets Q. Did you give the pg tea j. A. I told them that . Q. So that she can. he: - ness to what occurred, A. She seen it. - Q. Just like the A. They seen nmem?r?m it'll When he was, for example, when he ula up ppad you .got mad, is he slapping you like that _iingJ? No, he's slapping me. grabbing me by my throat. snmy hair, trying to bring me closer to his race I ?gr punching himself in the head. He's abusing you, right? {a Yes. v? He's leaving marks? f" I- .J. 1- This abuse is so bad it's completely oraroome ?111 to defend either yourself or your daughter. Ilm soared. I don't know what else to do. .And you live in an Q. . Rightthe setup of IE is your apartment? I and we're upstairs in Q. You've got someone??ihmv Yes. a Q. That's actually?a?ggmmos 4rowed one time? All I a? ii i DISTRICT COURT OF 1143 't they don't speak very much English. Hell, let me ask you about that: you went down Id if you oould borrow his phone? And it took a long time because he didn't nd what I was asking. I understand. But he allowed you to borrow his I ll Eventually. In fact, he even provided you privaoy to make ions call, right? i . He was standing there to make sure I didn't run ?rth his phone or anything. He was there, But you two didn't speak.the-ssme language: A. He spoke Spanish and I esseirstese 53;. Words that he said. .- 9' so I guess What flable to you at that momenty?g?sagpgs 3n (Node head.) Q. Freddy is not thesgb A. Right. Q. Right? The speak English, right} A. Not very much. 0. You can call gadgqog DISTRICT COURT or 11d9 jt that moment, right? Well, at that moment the baby needed food and ~-4nd I have no way of getting it. I understand, but listen to my question. You anybody in the world that you want to call at right? Right. You can have whatever oonvereation you want to there's no threat of it being repeated to ff right? I never thought of it that way. But is it right? Yeah. 29. You didn?t think of -- you didn?t think that You be able to call somebody at that memene other than 33?? .au No, I didn't think of I'l' Q. And you had access tof [jg?ieg?mhg apartment complex offioefw?e??i? .A. I used it one time. Q. You used it one timgf?ugn' ~eonnel 5-ing? Yeah, that day I ?g?yytt' fie her to the hospital - DISTRICT COURT OF Geig?eb lla? Right. Exoopt the problem is the believed that you faked calling somobody. No. HR. GI-EGER: Your Honor -- THE OGDEN: Como up. Mm? GIEGER: hearsay. THE CDUEI: Approach. (Whoroupon. the following bonoh oonfare?oi was here had. out of the haaring of tho jury.) THE COURT: I haven't: heard any antimony as to -that affect. HUDSON: Okay. THE COURI: Sustained. MR. HUDSON: I'll move past THE COURT: Okay. Thank . (Whereupon. the court. in the hearing 1 .- Q. (By Mr. Hudson) o-dy that day? A. I did. twice. dc Q. Did you call :77 up and take you and . .A. No, I didn't. Q. Did you call DISTRICT COURT OF 1151 Mp? . arenas: Your Honor, these have been asked - Inawered. She said she called Mr. one else. Dominguez and HUDSON: Mr. Mendez? GIEGER: I'm sorry* Mr Ii?. . Mendez and no one THE COHEN: Sustained. (By Mr. Hudson} Did you know Robin?s telephone .at that time? No, I'm very bad at remembering numbers. Had you called Robin to let her know you were to that apartment? 7' I told her I was moving but she dienit I was located at. 3? . How did you oall her when gaug??if_ofx pz?F .moving? 1. There was a period, there. . n?t even know Freddy9ane's house helping her meg; ed her number and I le?tqi?aapgaa "she can try calling to - Q. How did you knowvhegrue?ea the number to call? a. I had it 5?1 mm?wi DISTRICT COURT 0F 0 1152 So you had a list of phone numbers? That I left at his parents house. ?1 Oh, you did? I did. .Hmu HUDEGH: May I have just a moment, *our Honor? THE CGURE: Mr. Hudson, it's 10:15, can we take 1? break? HR. HUDSUH: Sure . THE COURT: Ladies and gentlemen, it's 10:15, -we're going to break for our morning break, we're Ageing to break until 10:30. Please do not discuss this ease or allow anyone to discuss it with you and we will stand in recess until 10:30. Please rise. You are2eweused, {Whereupom the jurj,r exited .- recess was here had.) mas sacs-es . 31' I I n- _r'C {Whereupon, the jury euoj15gtav.o the following transpiregg Essex . I. THE COURT: You mayr be; under oath. Yes. VI CTOR IA - called as a witness on1er?dal:mc ?i - DISTRICT COURT OF 1153 3 been previeUSly duly swern, testified as fellews' THE Mr. Hudsen. m. Hansen: Thank yeu, 'I'eur Hener. CDNTINUING . HUDSDN: Ma'am. I'm very clese te meving en te when yeu ?Leddy were living alene in the apartment, net the 9 time but near the end, but I de have ene er twe f'ens fer yeu still aheut times prier te that. When yeu were living in the Mendez heme and the family, including Freddy weuld he gene werking, ileeis heme with yen? .A. Yes. -Q. And was Freddy Jesiah heme with yen? Yes. i Q. That includes during iI-Ih. In. Here the enly adult there in .R. Yes. I. -I -I . EEeitEs* Q. Yeu indicated te 4 It. and." ftimes beceme se upset eh himself? A. Yes. ..: in? Q. Describe that fer 'ee 3. Like he weuld grit d?i? . 'ing through his teeth. t: annem 0F ll?? iVand hitting the wall. Hit himself hard? YesIr he would hit himself hard. Hard enough to leave marks? Uhm, I wouldn't say leave marks, but he would .l-elf. He hit the wall hard enough to leave marks on .eds? T. Yes. Did you ever hit him hard enough to leave marks? f: .. HD. 1.. Did you ever soratoh him, bite him. anything hat to leave marks? A. No. So anyone who was observing ting {d have seen.marks on Alexis, oorreet?' 43. {Nods head.) 1" Q. Answer out loud. .A. Yes. Q. Could have seen marks Yes. . Q. And could have seen atHUDSON: May - DISTRICT COURT or 1155 THE EOURI: Yes. {By Mr. Hudsen} Ma'am, I just want te shew you wjtures yeu identified yesterday, State's v.1, yen remember that phetegraph? Yeah. That's Alexis? Yeah, she went swimming that day. I'm serry? She went swimming. Went swimming at the Mendez heme? Yes. 'Was this the Mendez heme we see in the gareund? That's the peel heuse. Q. Peel heuse? Leeks like this was taken inrJulg fbll, eerreet? A. Cerreet . 9. July Elst? at It's areund that timEs Q. This weuld be durimgg??agaag. I- :e's being abused by .3. Being spanked, yE$i Q. Has it getten ts ?nesse: . 5g in the face with a I .A. It's happenedihs?se?e I STRICT COURT OF 9.: - 1155 Prior to July of 2011? It happened in August. Happened in August? {Node head.) So the first time that type of abuse occurred ?net of 2D11, correct? {Node head.) Answer out loud, please? as. Has he started grabbing her by the arms and ?-marks by that time? 5-. Yes? .Q. are, correct, see what looks like maybe some bruising We see an example, according to youll in this Er arms? [Mods head.) Q. Right? .As Right. Q. And that's August 5th all-1.: Ir A. Right. Q. Okay. Has she starteeii?r?s? .show signs of being scareajeai?ht Oh, she knows whehsh?i?itrewy F'll show it. She'll shy +5 HR . HUDSON: Ma if ..: . DISTRICT COURT OF tar-gag, -- THE CDUEE: Yes. {By Mr. Hudson} Ha'sm. I'm going to you to ?look at a series of photographs and just tell ma g'reoognise the photographs and who's in them? It's Freddy. Josiah. I'm sorry. You don?t have to describe it for me .Just look at each one and make sure that you arise the photographs and you recognise the people in I THE UGUEE: Iou're starting with 8? HUDSDH: Yes, Your Honor. THE DDURI: How many do you have? .HRM HUDSGN: I?m sorry, sir. I don't know. 1'11 have to count them. Q. (By Mr. Hudson} Do you recognize thoIieach of those photographs in, .. a. .l Cier you and Mr. Mendez and your children by themselves or Eldren? .A. Yeah. Q. If I can have them backwi?mm.. ;s had a chance to see all ct .A. (No response.) :1 Q- Have you seen them akm?gg, DISTRICT COURT OF - - 1153 Yeah. Okay. Thank you. Ma'am, I'm going to hand you ?te marked as Defendant's Exhibit 3r can you tell in that photograph? Alexis and Freddy. Can you tell me the date it appears that ?aaph was taken? (a Bf?QfE?ll. August 9th of 2011? i. {Mods head.) THE COURI: You want to give it to him.first and ,sse if it's admitted? JMR. GIEGER: Have you admitted all of them? HR. HUDSON: Move to admit Defendant's .Exhibit 3, Your Honor. was CUURT: Is that goingte~?e~?ha~a?ly?ena?? HR. HUDSON: No, sir. THE COURT: You want to him? . up .MR. HUDSON: Sure. 'i .15 exhibit numbers yet, MR. GIEGER: No objeei; ?at r' HR. HUDSON: Your THE COURT: You 5:71;; and then - DISTRICT COURT OF OK 1159 ?It. HUDSON: I?m not certain which order I want show them to the jury in. I was going to mark as I want. THE CDUEE: However you want to handle itIr t's fine. HE. HUDSON: Thank you. [By Mr. Hudson} 3o ma'am, you've THE CDURI: Are we moving for admission? HR. HUDSON: Yes. admission of'what would f?timately be Defendant?s Exhibit I'm sorry, I Jon't know if I loft that in hers. Eight THE GGURI: Let?s just do them.one at a time so at way you can work on them. Defendant's 8 will Ewe admitted without objection. HUDSOH: Thank you, Your saggy fat i .complicating this. . THE COURI: That's okays . Hr - Ha amt. if i; 9?You recognize was taken E?a??t?mgv l- I 4- - a h?n-In 1 a. That picture right Q. The picture up here? A. Yeah. Q. And these bruises ?@dy left on Jailssis.r rigi?s A. Right . I- -I- nromaTrm om na?wnaxu 1160 Tho is in this picture again? -Ahat's Alexis and Freddy. .Ehat's Alexis and Freddy, right? .Right. ?Alexis is smiling and playing a game with Right. Right? Looks happy? Iss. comfortable? Yes. Shs's scared, is she? Nat at that mamant. This is taken August 9th sf 2011? Right. .msu Jud a .JHW Efii?_Esh1b1t 1f?I can have just a THE COURE: Uh-huh. Q. (By Mr. Hudson} 3 picturs? Freddy and Alexisi Q. Freddy and Alexis? - Exhibit 9, Your Hansr. THE COURT: De fen? nw awnmsiMw 1161 ~;Ction. :Hel GIEGER: I'm sorry, Your Honor. No ?,otion. {By Mr. Hudson] I don?t think I oan go any Fe'am, hut this would he just one day after the ature-we saw, Defendant's Exhibit B, oorreot? Uh-huh. THE CDURE: Yes? Yes. {By Mr. Hudson} That's Alexis with her arms i?Freddy? V. Yeah, he put her arms around his neck. 3. Oh, he forced that pose? Yeah, for her to pose for the picture, Does she look happy to yon? That's mt haw she usually-efi'? Iv! i. r?ll it eight in that picture. 9* OkaY- Does he look happy ?e Yeah, he smiles like ?fg??eiz a Q. Then we saw a pietu?e?@ee?a . remember that one? Yeah, we were at Q. And there's a bruiege?e;w Right, on her anme ,nfemnr?m on .9?d Freddy caused that bruise. ccrrect? 1?3en he grabs her. is grabs her up here an the shculder and he -~erfectly circular bruise right there en her ?=wheh he grabs her? When he grabs her he just yanks her up anywhere arm. That's what caused that bruise? {chs head.) You remember that specifically. right? GIEGER: Asked and answered. When he picks her up like THE COURT: It has been. It has been answered. It always bruises because he THE COURT: Ma?am. SustaiEEQ. {By Mr. Hudscn} Ma'am, is; Yeah. That's Alexis again, Right. I It's just a few daggu??ha. THE COURT: What MR. HUDSON: I i] . - admit Defendant's E?h??gg .r DISTRICT COURT OF QKQE Jig-m! .7 . - 1163 Defendant's 10 will he aamitted rg?objeetion. ?m-Mr. Hudson] That's just a few days after the e: where she had been bruised again, carrect? a?eht. ?EEre did she get that from? test?s Freddy's. fieddy's handsome? ?Wtsh, he uses it for work. at about all those clothes that we -- rm ?fe he saw yesterday of Alexis? closet with.all ifs hanging up neatly? :ah-huh. ?Eou were made to hen - ?'53 3.. And.she had a closet f?lisgr Uh?huh. She had Probably 12. 1s Right. And you left your ?133? F: . - lien you got evicted,ng?ys? Right. Am-? 1163 THE CDUEE: Defendant's 13 will be admitted without objection, Q. {By Mr. Hudson] That?s just a few days after the picture where she had been bruised again, oorreot? Right. Where did she get that bandanna from? That's Freddy's. Freddy's bandanna? Yeah, he uses it for work. Q. What about all those clothes that we remember *>_pioture he saw yesterday of.a1eais' closet with all a clothes hanging up neatly? Uh?huh. Q, You were made to hang them.up in a eartain way, ?;ember? A. Yeah, they had to be all -. :i?klE. Q. And she had a closet A. Uh?huh. 9- She had probably A. Right. 9- .A?d you 16ft y?u?EQE??gyy, 'uff When You g?t EViCta??g?gamu? A. Right . I.- COURT Ir4? You hadn't worked since then, right? Right. Freddy worked? Yes. g} So all the clothes we see and the snags en sue it bandenns she's wearing, that's all stuff that ?ng provided her? -5. My sister sent a box. -53 0h, your sister sent a has? Uh?huh, they bought clothes fer 313315 sea at he go exchange them in her site. . Oh, you did? ga_ Uh-huh. Se Freddy didn?t buy any or He bought some things. What all did they send in th-k 333; They bought her several pail: ?rsl eutfits, as well for Fred?gfy$7? idex, that shirt she has on~r??gr? 9. Okay. So that Right. .. And then we see Augquwggu Right. Alexis' birthday? 1165 tap. fight? ;ber third birthday. :Right. And hard to tell, but your claim is mark on her face, correct? There is. And that is left by Freddy hitting her in the gen a shoe? Yes, she was hit in the face with the shoe. You recognise the people in that picture? I do. Recognize the people in that picture? I do. 6- Recognize the people in that picture?' 5: .. 1. Yes, I do. .mac HUDSON: Judge, move to admit ??grf? ?Hhibits 11, 12 and 13. MR. GIEGER: No objection, Your] I . .Fa, THE COURT: Defendants 11., admitted without objection. 1' Q. (By Mr. Hudson) This is the egg: ?hday party, ma'am? -. It I Q. Who's that a picture at? That is Alexis, Josian?ana 1L. 1' an?l?n?l ll?? Does Freddy have a tattoo on his arm at this He has a lot of tattoos. DD You know if there's a tattoo running down the his right forearm at this point? Yeah. his whatever arm. What's that? His whatever arm. At this point do you know if there's a tattoo on right here? Right. . . Right there? You think it's already on there? I believe so. . You see a tattoo on his right forearm.in that Let me show you this, let you look.a little ~are? a. Well. that?s been there. that knting} that's a small one. Q. Let me ask you this; do yeuy?aa:? i" says Alexis running down his; -?urethat Q. Does he have a large - ing down his right forearm?" .A. He eventually got one??gog. -.- DISTRICT COURT OF - . 1167 iGet a tattee because he wanted to hener Alexis, He, he wanted to fill his arm up with tattees. Okay. And so what he ehese to de was just put name down his arm? Uh?huh. And he did that same time after August 20th sf sight? I. I really don't recall when the day that Alexis died, He did. .And he different have it an August.20th ef'Z?ll, .Q. as whether it's on his arm or net; 1-1. I can't real 13: see on that ink? ObjECti?n- I?g??a?gg_yz?nv answered. I-.. I I '1 . ., . THE COURT: It's been seiq MR. HUDSON: Well Jud-gas answer other than I don't ee- COURT: Was it an _r DISTRICT COURT OF OKLAHOMA 1163 I don't recall. {By Mr. Hudacn} Dcea this picture accurately rz?uguat 20th of 2011 as ycu remember it? Yes. Deea the picture reflect a tattoo that says r-cn his right fcrearm? I dcn't Alexia' name ca there. Se he dcesn?t have the tattcc that says Alexis y?at 20th cf 2011? 4. Well, I'd it?a mere ever. Ia this ancther picture that same day? i5- f. This is aleaia and who? W. David Miguel. David Miguel, cue cf Freddy?s nepheme?r Uh-huh. Q. Okay. Where are ycu guys at? We're at the ace. Q. That's a rec trip that Erg?heewrw: . It's her birthday. .3 Q. Freddy's family went at; Yes. Q. .And Defendant's Exhibitrg?? fhe and David Miguel? BISTRICT COURT OF 1169 you recognize this photograph. ma'am? do. . HUDSCIH: Your Honor, move to admit 'T-dant's Exhibit 14. HR. GIEGER: No ohjeotion. Your Honor. THE EOURI: Defendant's 14 will be admitted .hout objection. (By Mr. Hudson} Who is in that photograph: It's Alexis, Josiah, myself and Freddy. This would have been during that period of time Leddy is abusing you on a daily basis,.oorreot? YES . He's pulling your hair out, he's grabbing-yeuibs frost? m. erases: It asked and any}; 'iour Honor. THE CDURI: It has been. (By Mr. Hudson) Where istj??:saa f? In front of his parenteidado? Q. I guess this will he mgy??ws; 'wnize this one? I do. Ah tam-lavas! run-Hum hm 117D Hanson: Move to admit Defendant?s utit 15, Your Honor. CDDRE: Mr. Gieger? EIEGER: I?m sorry, Your Honor. CDURT: Defendant?s 15? GIEGER: I apologise. No ohjeotion. CGURI: Defendant?s 15 will he admitted THE ?hout objection. JHR. HUDSUH: Thank you, Your Honor. (By Mr. Hudson} Ma'am. what's this a picture of? It is myself, slesis, Josiah and Freddy. Do you remember when that was taken? Hmm, I think it was a holiday. Maybe Easter?? 5 Okay. It was Easter. That sound oorreot to you? That sounds right. That's a pretty dress youfreawggoisos ml??o 3Hfrom 1- Q. That's something that .. clothes you lost, right? . A. Uh-huh . L- . Q. Do you remember, is.s3%sJ A. It was. nannm n?E' 1111 -?id that's at tho Manda: house again? ?t is. .3r. GIEGEE: Your Honor, I?m not trying to be Haantativo, but I think Counaal misapoka. I ha.maant to say 2011, bECausa Josiah wasn't :5 until March of -- m. HUDSON: You?re right. [By Mr. Hudson} That would be Easter of 2011, Oh, yeah, he was right. Ha was born in 2011: right again, would this be during that period of daily Yes, we aotually got in an argument that day and ;.ian't happy in that picture. 9. Okay. 1 . MR . HUDSON: May I have just .5 'ihia organized, Your Honor? THE COURT: Yea. - .1 MR. HUDSON: Your 'that I have thraa introduce where I may hava?f?a?magg -original count of exhibit I moved to Exhibit 15. 1172 t? amumm: iuuht? ?9 NM Rhi?nm? Mn?nm. Lin you recognize this Mn Mm? this; Im- a sim". 1m: photograph from the haw: been previously admitted as 1 aa? 3? What da yau recognize this event Um! It?s a birthday party. .. ?rthday party for am of the Manda-z: family - 74:3; .1 . a cou31n or . I gue 5 a n-Leegi-r re?t: -I Ll" I. . . Yeah. they have a big 3: members. 0. Okay. That an event; A. We all went. We ed us to go with. Q. Do you remanber OF 0 1173 ~fore Alexis' death? I don?t remember when it occurred. "Does October 13th of 2011 sound fair to you? I honestly don?t recall, I really You do recall when you guys were living in the {at by yourselves when this birthday occurred, I really don?t recall, I just remember going to Vs=y. Okay. And that's just another picture from that ?erty, right? Tu Right. Do you recognize these photographs, ma?am? I do. These are taken the day before.hlesis dies? 3 THE COURT: And this is what? 2-19.. HUDSON: Sorry. Previous-$139; . rw I - ?ch- Defendant's Exhibit 3, Your ?owery, (By Mr. Hudson) Is .34 Yeah, that's right. Q. Freddy had taken Alexis, you guys got the fairy e. - A. I'm trying to remember.- - Josiah. Q. And then when he 1" nmmem'l.? COURT OF 117% r? to Party Galaxy, right? Yeah, I'm the one that found that outfit. You guys bought her that Halloween outfit? {Node head.} It That was just a day or two before her death? a 9 These are just other pictures of her in the same right? 4 . it Right. .al' a? Although she had gotten that outfit maybe two or days before her death, these pictures are taken the offers, correct? f. Right. Another picture? THE CGURI: Which is? [By Mr- Hudson) I'm was Defendant 5 Exhibit ?tting THE CDURI: Are they?eEg? mahgy MR . HUDSON: Ye admitted, Your Honor. 9- (By Mr . Huds on) A. Yeah. 9- Let me talk to i if.? 0 lli? aa-during the time that you said theL Fla?dvr? ;55 gotten particularly bad, right? Right. Is he still abusing you on a daily Dania? When he gets heme he gets angry, yes. Hew eften is he abusing Alexia at that paint? Well, he started putting her be bed at night. Serry? He started putting her to bed at night instead Eewing me te do it as he has more central. Is he abusing her? (Neda head.) Un a basis? a-r Yes. Is he abusing each ef you violently in?u?h .1eaving marks? .- Onmyselfr yes, net Jesiah. He deesn't abuse Josiah 4A. Right. -Q. Bees he leave marks an?ggawyu- A. Yes, an her arm anal gre nothing but amaiclr y?ua??imh? .A. That's right. 9. You don't eat untilfghiae: -:ouse? Yeah, he has to eat first. What are Freddy?s work hours during that time? He'd work in the morning his aunt wiok him up really really early in the morning and aerk from 6:00, ?:45?ish, and he'd come home after He's gone basically before sun up and doesn't feme until after sundown? Yeah, but he would occasionally stop in. He'd a. his from the work site he'd drive over, off things and leave, just show up randomly. So to get to work in the morning he'd?have te_be wed up beoause he didn't have a oar? A. Yes, and his dad would lend him the 1? Q. And to get home from work in the I. it - he dropped off? Unless his dad let him borrow th? a?ogka Q. How often did that occur? I a? He borrowed the truck quite of?gg? Q. So whether he had a truck awa?g?EQe yfrom work or not you're indicating-a?eo k-during the day? Yes . would check on you? o- 11?? Yes. And how often would he do that? He?s done it often. quite often. Okay. Do you know, for example, the weak or edsath. do you know where he was working? The construction company. the Mendez -- Dc you know the job site where that was located? Are you talking about the business or you're about the house. the actual houses? ?5 Yeah. the actual house or project that he was 5? on. do you know where that was? {1 Only when he mentioned it. v. Did he mention it was in Chickasha? He's mentioned several places. J- .C The week of Alexis' death do you knew ig?h?fW33 leg in Chickasha, Oklahoma? A. I don't recallsup-In I I w' 9. Do you know if he worked thereng ?a being the one ea}.r that he reek- I really don't recall. Q. You don't suspect that hisleg?.?f" to run home from Chickasha tsee?geg.- day, do you? I .A. I don't recall. 0. So you don't recall hhmwiifer? IBIRICT COURT OF OKLAHOMA. - recall him.ooming home to cheek on you on the >.af Alexis' life? did. .he did? When was that? 'That was the day of the Halloween costumer the That was the day he picked Alexis up and took gork with him, right? Okay. So then he did take her to work. That was the only day that week that he oame No, he came in earlier in the week, I think it i a Monday. Okay. I've asked you about having aeoess~te- aors' phones while there in the apartment,?thatia- tell! 1' one time dGW?E-tairEasked you about having access-Es; ?-ent manager's phone? A. That one time I used to call I Q. How was itr ma?amr that your sisters during that time A. We didn have a house one that my sisters called an .- 1th him present . QIBTRICT COURT OF OKLAHOMA. I - "l .- . 11?9 as we foous in on that last week of Alesis' Wyaye called your sisters, two sistersIr right? 3-haye two sisters, yes. e'd you've called doth of them? called them, yes. ?ne is named Kitty? 33nd Lisa. And one is named Lisa? Uhuhuh. And you told Kitty that you?ve hurt Alexis? I told her that. Right? I did. And you told Kitty that you're concerned for safety? Yes, I did. And you old her that that EC: ~1'f'ii; 1' ?aet that You're about to lose.iE35 I did tell them that. And that's What Y?u at's what you told themmentioned that. xi. And you called Lisa, ?iau?? - Yes . - And you told Lisa thf, P, n? ?iflt-l?-Ih 1180 warm bath in the same area. Ill; did yau dall them individually? NH. Yeu den'hT NH. Nhu did ydu call? duu't remember which sister I called, but I nailing ene of them and telling them. bid yuu ultimately end up passing that Ifidn on to both of your sisters? They always talk to each ether, they're beat Oh, okay. So they may have ended up passing tieh onto each ether: is that right? ll Th?tla right. -1 What did they do as a result ah- FOU had hurt Alexis? .. I wanted them to some and CI- Okay. And that's why ynu ?3fg?gi . Yes. .9. And my understanding of yea; ex. ?Ondez allowed yeu to call hidd??a 'ltun to you? I. You. and at that worn in and out of the ruff; . .n i? 1181 1A, you were telling this story about hurting a?ur sisters while you had company over? {{ey were in the opposite room. He was drinking Is that came over and they were in the front we? and he come back and he was getting upset was taking too long on the phone. .mkay. I didn't understand that yesterday. So ??oyering over you while you?re talking to them? .He's coming in and out of the room. He's coming in and out, and you've got company Yes. Does he know what you're going to tell them? I told him what I said. And your plan is to tell your sistera or your? ."jh - - ygy,? nan at you have hurt Alexis in the - . .. . you're concerned you're going toad .fn the very near future 50 ?exis from you? -.. Yes. .E. And Freddy allows you tofwaifmgr. He got really angry and mg?gg=npg i?id she wasn't going nowherae Okay. I guess I'm tryifgy?h?; know that you were - IF- -. rm conn'r' or: ammonia 1152 didn't give you permission to call them? he had the phone. he allowed me to call them -e 't know what I was going to say to them. they. And then when he found out I guess 1 arrangements? They did. To come pick Alexis upIr right? 'They were going to come out and visit because he ,y can come visit but you guys are not going you guys can't go nowhere. If you if ave it's going to be much worse. How the plan was never for you to go anywhere. .'for Alexis to go? It was for Alexis. They only bought one plane ticket. s?g??g i?q? A. Uh?huh. But then you called and you .- The trip that Alexis No. Yeah. iQ. You did, right? Yeah, my sister was oomiia??as.? -v.so he says you better tell gags L.- COURT OF OKLAHOMA -;agagg. veinq nowhere. She's not going nowhere. I join want to make sure I understand. buaivo towards Alexis on a daily basis, right? ,Noda head.l tr loud please? hat's right. .He treats her differently because she?s not his child? That's right. IR. ?lm: Judge, we've gene through this ?ens of times. THE GOURI: We have. JHR. HUDSONE THE GOURI: But I?m going to allow some .titude. HR. HUDSON: Thank you. '24 I. .513; . 1" . HR. HUDSON: Okay, I'm THE GOURE: But we have beat this=EE ;ittle bit more, Your Honor. . J- THE COURT: All right. . 9- {33? Mr. Hudson) You have Alexis away, right? ail. At that moment. Q. And what he does is he ste?? 1. Yeah, cause I'm about to LI ll-l42.: Fl COURT OF OKLAHOMA an - Ilrf - - I I 1134 is it that you told your sisters that you got who had hurt Alexis? Wioausa thay would be vary oonoarnaor my sisters howladga that and aotually some out- sell, they wouldn?t do that if Fraddy hurt ,Eut I didn't-want to say it baoausa he was right ?But ha didn?t hear what you said, that's what ?'a.minuts ago. You had to 90 tall him What Because he oama in and he was observing-what 1 ring about. I want to get this story straight. Was he hovering ovar you and making saly what he wanted you to say? Ha Ha would coma in and out of the?E?ajs Baoausa you said he didn't want. inn-2' right? 9. Ha got upset when I said thata. 3; Okay; Baoauss he wasn't in aawaaw~ 3.ying, right? Tu He was going to bat STRICT COURT OF OKLAHOMA . Il?? yam on 5 Uh'huh' nu #5 So you could have a that Freddy was a told your ai?tora busing aleaia, _ifnt it, which 1 Well, but, different story that him? -3 report it to 'm still going to get hurt. ,x Either way I the better approach is to And you decide the abusing my daughter 9?1, let.me take the blame fo family? well, he always blames me for everything. 12 ye believe what he says. I . Okay. After that trip is canceled what -$amily do? 43. Uhm, theyr tried calling and calling and I '*were upset. IWho did they ultimately call? .3. I believe the}:r called DHS. Do you believe or do you knows A. I believe . you believe that they made a rape? x. 0F - OFFICIAL. 1:11; 1196 believe so. DO you believe that that repert was that our ifctoria has hurt her child Alexis? but I I don't exactly recall what they said, .hat they did because they mentioned it. And they mentioned that they were concerned that ?r.geing te further hurt Alexis? I just know that they called. and it was about you in And they.made a report is:to Alexis? Right. And this was. you know how long before Alexia This was just a few days. I i a Jest a few days? And it had just been a few eefore that. that you said I'm about to lose it; 1' Right. ag. And that I've hurt Alexis, right? Right. Q. And then Alexis is herrihly injure?g?g?gh? .Ao Right. Q. You described what Freddy did, I did. Q. Did Alexis scream during thigg?fu -. - .51 COURT OF OKLAHOMA - OFFIC jar ll"! did. fr you aoreal 'Ph? I did; you aoream during tho duano Ihln upland-t Mum! dih- hhl' aim-hm eke apartment complex? I ?nd Alexia screamed durlnu nhunlvm 'he has. And you live in an apartment nhnun Home ?that We do. Joet across a breezewey from Home mot! pl?pll? There's nobody that lives euroea from us. There's some people who livo damnatairu? Below, both below us. Both below? One of the things you teldi?ta re, I think, is when you get ORE 395' ?_out on your balcony of that I would. .. One of the people You talked nor who walked his dog by your huuln,?f?1n? Walked their dog? <79 Did you not tell the raffles: I don't recall. - I STRICT COURT OF OKLAHOMA - 1133 niuula in rushed to the hospital and you 1hlr? did. ?iqht? Vau ride in the ambulance? ?zzud. 4 And Froddy rides with his parents? I believe no, yes. .Aru you aware of whether or not they left and 7the ambulance as soon ea it left? At thin moment I don't know what's going on, ~gthn ambulance with Alexia. And ultimately you go down to the police ?Int that day and you're interviewed by Detective t? 3; Right. Now, do you know at the point that that V~ew begins that Alexia really has no chanoe 1 He mentioned that. 3. Do you remember at the beginning e?i3$E?z 4 view one of the first things you -5ive Foreman how Freddy was doing? I believe so, yes. .W. And Detective Foreman, he -iona about Freddy, right? I. II . ?ach COURT OF OKLAHOMA 1139 t's right. {ha a adults in =eoause he wanted to know what th x?~were doingJr right? Right. Do you remember wh on he asked you about Freddy 4 said to him was that he oomes home and he Plays 9th of them. he says hi to the baby, he hugs we all have family time? [Node head.) Remember tellin Somewhere along that lines. Deteotive Foreman that? yes. Now, that?s after. I guess. Deteotive Foreman. Tad you that.hlexis is not going to survive this- ia that right? ?ji-E? I. I remember that. You don't remember? I said I remember that. h. I'm sorry? in I remember that. -t 1' j. You remember that? You had been to th?hl ital, you've seen how badly she's hurt? i .f {Mods head.) 19- Yes? -Au Yes. a. You talked to Dr. Stuemky, COURT OF OKLAHOMA 1190 ?es. i ht? him.that she fell dow a tell them: Yagi the stairs, Tel . department, right? Right. And Detective Foreman has given you some idea of gs the injuries arer right? Right. And when he asks you about the person you say' rated these injuries your answer is he comes home, with the kids. gives them a hug, and we have 3% time? Right. He asks you a little bit about your isolation ll you tell him I go to the office all the time. I, If to the people at the apartment complex all the A. I didn't say all the time. I just go to. .se to handle what I'm supposed to do. - I Q. Maybe I misspoke. What I've written is you're constantly going to the offie?- . .. language that you used? q. in A. To go take care of business; like asides, the femzetir the things that nee?ii COURT OF OKLAHOMA - OFFICIAL l..1 ..I 1191 apartment. bout thoun real pron GM 5 a? and you said aha had uohtor'l ohin or nook a ten days. rioht? eight. taira? Told him she not those railing down the a Right. to And that's the at:on you say Freddyr told you ght? Freddy told me to tell that aha fell down the And, in fact, one of the things you do is you Detective 3; act out at some points for either or Detective Allen what Freddy did in that .- you remember that? r: . No. You remember describing that he held your am.- .--. and he walked you to the EMSH ambulance? .A. Oh, yea, that. in Q. And then you even enunciated she fell a; you understand; that's what he didYea. 9. That's what you told them he did, A. He did. 'n Rh?, 9. That happened right when he got gang" - COURT OF OKLAHOMA OFFICIAL 1.35% I . -. 23:3". d- 95 with you, right before Elght before I want into the and.bsfors I got into the EMSA ha fold mu looked in my faoo and said that. you] H1111 Right. .aia story to the female officer: Gisgor? with Mr. Hands-is; n't know what he to was a famals ;;offiosr you spoke abou brown hair? I do Wall, do you remember the jgtairs, Q?tar? as Yeah; he stayed upstairs. telling her she had fallen Q. Do you rsmombs .gstairs? As Yss. Q. Do you tolling. . . there were-t" omen? A. There was three. Q. You told all three of them she famw-Ef-Z girs, right? nvi. 3- (Nods head.) VZEEMCT COURT OF OKLAHOMA OFFIC Lira :12: i, I a has that's at a time period I EH SE Edd to you before you're getting on the '7 still told me. Oh: he did? want downstairs when he was Beforehand, before I #wme what to say. Say she fell down the stairsr say the babysitter did it and a? she got beat up, at back, this is when he?s rambling on what to saga why didn't you tell the police officers that? 35 you tell them.that when he said that is when. and you acted it out? As I'm.getting on the' .inoe he's holding.my arm; she fell-down the.staiIE? zwderstand? .MR. GIEGER: Your Honor{By Mr. Hudson) That' when you told; ?neczi?Ir right? MR. GIEGER: She did tell them THE EITHESS: And I -- MR. GIEGER: so it' the fa; question. THE DOUBT: Hold on. Hold m. She can't ans? .-.- .uh - 11WI Hold on. Come UP- oom? i. the following Qrgr::??nout of the hearing 0 renoe the ju?"I i .ve Then I'm not being very effeori sshe hmat she's testified to is that a an COURT: I know what she testified to. Are ?isaying that MR. HUDSDH: Prior to that she?s telling that. siry. THE CGURT: At the polioe station? MR. HUDSGN: No, to the emergency personnel that :ye there at the scene. THE COURT: And you're saying it couldn't have '3 appened because JE'redc?lyr was upstairs, is that what you're saying? MR. GIEGER: I don't think she told eaersonnel he grabbed my arm and said that I'l- thhink what she said was that she fell.de}3 Ui?h?~ stairs. THE COURT: Right. an. erases: I think the . -ttu sendez grabbing her and . - 1195 been in tho lacuna interview, after she a at four days. And that's wh that the baby fell down but I'm trying I the are Irm confUEEd. hm atary has has .?Pur nulryhody that was therer talking abeut he told her to fauro put it you're it or that story downstairs; before she get an ?lira. I just don't know where you're going with. Ill. She testified he told her UPStaj-rs v'downataira. I'll! GMT: I think she did. MIMI: Right. All I'm trying to paint out what she told police is that that came from him ebbing her right when she get an. the ambulance. THE COURT: Oh, I don't think that it ought: aha aaid it was upstairs before she talc iby out and then the story about the afar: aha took the baby outside to meet the .?a?pl?p but maybe you should clarify m. HUDSON: Okay. THE COURT: -- when into the other part. at Okay. COURT: m5- . - I Sustained as to that "N?wa . "i ?u Gem? OF OKLAHOMA - r' Fulfill-I In up fellewinu [run I :n?hshgaerinu at Ihu jury than?; um?! Mr. Hudson} Ma'mm ?lear with my questiena an I we rel] law hf; try in all? :Fe you naked -- did ynu 3-ehild had fallen down the eratra! did. Did you give them aeme detaile ahnuL that. ~Fvent? ef what Freddy told me, yea. Did you explain that eme of the bruialnq that had been there prier she had ?31161?! awn g?re? I did. Were you ewrer'ittgallhar confronted by DatICti?-C end/er Detective Allen with the idle that that. ?idn't match the physical signs that they 3; en your daughter? That's right. . Did yeu aeknewledge to them that - Etery up? J, a. I did. Okay, Later on with Detective Allen. Q.- Detective Allen? Did you tell I- s. All: 4: that. St-?Dry up he :9 the Just as you were getting 0 aner the hespital? '11 an heferehand and as I was getti He teld a.amhulanee. at? Did you tell Detective.Allen th Okay. I did. Yen did? {Neda head.) Id Se when did he tell you befarehand that that ha zed? When he was trying te some up with a story at Ecppened saying that the babysitter did it, she get I). Be as he's walking areund helding his face? a. When he's panicking. Hitting himself? Hitting himself. Rambling an about all these petential Entatietmsr he says in One Of these explanations dawn the stairs? She fell down the stairs she get beat - I rambling On all these things at Once. .- COURT OF OKLAHOMA - OFFICIAL .L 1193 from the when She Okay- tha {h Ten minutEE. on remembEr D0 of.minutes? Everything happened so fast. .- ri ht. ALL Ten minutes d. Ten minutes a long perlo -eem like a short amount of tlme. And it's during that period of time that was formulated? MR. GIEGER: ijeotion to the form of the question. THE: COURT: Sustained. I don?t understand. Q. (By Mr. Hudson} It?s during that period of til-T .y?reddy said she fell down the stairs? A. That's what Freddy told me to say. Q. And then I guess you chose that explanatii; 118: others because he grabbed you as you . - 1- OF OKLAHOMA - 1199 ha aplcifiid it- pacified that i '1 Br you already 5 right? Ef?e u'don't understand. nnal at the scene, (all. do you remember '-and before Freddy same told the female officer that a stairs? Right. Correct? That's right. And you told the fire personnel there that 7ad fallen down the stairs? Because that's what Freddy said. And I guess we just got lucky that of all those: ial -- THE COURT: Sustained. Sustained as to n- (By Mr. Hudson) Okay. So of all those- sustained. nations he provided You just happened ta. ?Siam. . k?fT%?uv than he came out later and said you better .. . - A. Yeah. Q. I mean. really it's a good thing you. . the babysitter or got beat up in the sari - - ~14: WURT OF OKLAHOMA - OFFICIAL - .- 1200 ?estion. . arouse: Ferm 0f the . ?ned. coder. Busbai I?ll Withdraw I'll - I. I mean 7 question. She can answer that. oh aw'my objection. EBB GOURI: You can do Thank you. {By Mr. Hudson} Ma'am. a Redireot. Judge. do you tell Detective oours she's in :chat when Alexia's head injury 0 A?oom with you by yourself? Yes. In fact, you tell 'em Freddy is back taking care ?guy Josiah? Josiah is in the front living room. Ilm sorry. Freddy is in another room taking if Freddy Josiah? That's what I said, yes. a i .- Detective Foreman describes for you, for lie. the bilateral hemorrhaging, do you rememe?r e: Remember how he describes how she had to he: :fn? Okay. Yeah. Q. You do remember that? Okay. I recall. Q. And then he tells you, describe some. h? ISTRICT COURT OF OKLAHOMA - OFFICIAL e322: 1201 .hat she's got, do you remember that? trying to think. and he was talking to me? you're being interviewed? Like when we?re in . ??ight. When Is it this one right here? right here at the table. I'm sorry. Yeah. this gentlema Okay. I believe so. And then he tells you that you need to tell .ell, first of all. he confronts you and says eat being honest about what happened? . That's right. and then he says you need to tell him the truth jhat happened. right? Right. He's repeatedly asked you to tell the truthtells you that he's sure things ar?et?ag?t? ;gr home. right? I. 3. Right. a. You guys are broke? Right. .9. You've got no car? Right. 3. You've got only one phone and ye?yaahr: mgx. .a'to it? OF OKLAHOMA OFFIOhih?heav - 1202 .?ght. says he knew a Latins culture is male ycu remember that? M?dc remember that. .fe Suggest that maybe Freddy sea on ycu . as cf that nature as a result cf culture. I remember that. And he tells ycu that Freddy is in anc a he is blaming everything en ycu: ther ream statement wher .cmber that? I I don?t recall that. Ycu dcn't recall that? I'm trying tc remember. There was just as much. an at the time. Nenetheless. as it ycu still indicate. . active Fcreman that the significant head injury in; aase when ycu are in the ream alcne with? 7" That's what I told him. 1. And ycu stuck with that I didn't knew what else tc say. Iim sorry. you -- During that fruggsiaagm_ a-n't waiver the that yau?aa?eg: ?g fiinjury? Right . COURT OF OKLAHOMA OFF a 1203 the room when that head injury J-at's what I told himr at that point you know that Alexia 15 _*nd againr ?Joing to die? ?e mentioned that it's less likely. Less likely? For her to survive. For her to survive? Do you remember near the 1? of that interview that you told Detective :?that Freddy had recently encouraged you to take end go visit family out of state if that?s what. ated to d0? 7n I don't reoall. f) I You don't reoall that? No. Nonetheless, near the very end of the . - {tive Foreman again desoribes the .a-about the progno51s for Alexis and Fhe truthYes. Q. He ends the interview? .A. Yes. 9. You're taken to the Oklahoma M?mmr COURT OF OKLAHOMA .4 . 1204 I . ~i what point do you meet Mrs. Hammarste r-think it was a few days after- 'th Med you met her prior to interviewing W1 ZED: I didn't meet her then. Ekay. Do you know if it was six days later when Tith Detective Allen? II I don't know how long it was, I really don You asked to come bask and talk to law right? I did. And when you some back and talk to law Lsment you now say I lied the first time? I did. OI And you describe essentially what yeul?j? .- I I I -?bed for this jury as being what pg? I . I did. .And you basically say that yeg?gg??gg' daughter but Freddy Mendez is the a?e.twc qdaughter? I admitted that. - 9" And described a 1205 'th tent ?3 eenal? hat are ies 5f Events Er rat Sha- EnfferEdr .t is. you remember a iew the end ef that interv I fair ld he a 11 asking you abeut whet wen ?3:3 but dgn1t resell. n?t he ?.tien ef saying thatr well, death weuld. edd- . He, he asked me what weuld be fair fer Fr yr ed knewe, Right. He, he did. You eaid enly Uh-huh .- 1: You remember that? Then he asked What would 1-: ger fer yen, de yen remember that? Okay. I de recall he said that, but I don?t {Fer the answer. .Q. I definitelyr den't think trier-11th]r that's in 5., hUHESt-ly I den?t deserve death. De yeu rem-f" :'enswer? A. No, I don't rememberYeu don't remember that answer? Had friend Robin just befere you went ever i {in COURT OF OKLAHOMA OFFICIAL 1206 on. ?t'a when she told me that Alexia passe ll . ieatimony is that no one other than you tea gial Freddy wander, right? ?rght. ion didn't tell Robin about what he was doingF didn't. ion didn't tell Andrea about what ne'wae doing? didn't. midn't tell your family about what he was doing? I didn't. You didn't make any polioe reports or anything .;~aort, right? Right. So, unfortunately, we're put in the position of, telling the truth, we have to rely on yeur' 13y, right? 5. I understand. .MR. HUDSON: May I approach, Your Honor? THE COURT: Yea. .MR, GIEGER: I got no problem with thaagw "hat'e fine. Let 'em in. THE COURT: Are you.marking it? .MR. HUDSON: I will, Your Honor. :ake sure she recognizes them. QKE4WZETWEGURT OF OKLAHOMA OFFICIAL 1207 '3 ma am. dson} Do you recognize . your handwriting: are letters written in one more time. A m: Ha}; I SEE the GE Gieger: menu; If you'll hand thoee to Mr- {Complies That's fine. I have no Uh, yeah. 5 ion to that, if he's offering. Your Honor, move to admit 'endant's Exhibit 15 and CDURI: Defendant's 16 and 1? will be . ?tted without objection. HR. HUDSON: Thank you, Your Honor. {By Mr. Hudson} Ma'am, these are letters tied: to Freddy.Mendez, oorreot? That's right. Going to hand you Defendant?s Exhibit 16. -Ad that for the jury? It says, 'm proud of you for steppingf? man, proud of you for keeping a join an;, y. I love you for taking care of us, and spending all your time with the .-. GGURT OF OKLAHOMA - OFFICIAL 'II'lfggu'fc1203 attention and lame for all You i' I. a te have and W0 Thank you things Freddy, grplae family. or buying me fl ?tmede me smile, ike that make me . mere me fall in leve with yen even .Je yen to some heme just an we can de mean it when I te Always wait fer ll yen I . gettegether. I really ?x every day mere than you'll ever knew; ?e4r. Vickie." When did yeu write that? I den't reeall. It was after Freddy Jesiah was hern, eerreet? ?es, because it's says it about my sen. Okay. leve yen fer taking care ef us, year and spending all yeur time with the kids" you. Hhat, eerreet? I did. I love that yeurrs se invelved with yam-?g a 11 give alexis attentien and time tn teach, I rm yeu wrote that, eerreet? I did write it allICT COURT OF OKLAHOMA OFFICIAL warn-34?? -. 1209 avidenoe, she'g read it' man: comm; And thaw 5 sue already read it to the taineo. ju I ry. think 3he's Q. Mr. HUdson} Freda . J?Sla wed in the Mendez heme? was born when 3,611 a, Yes. me . abusing you on a daily basis? You ssh1r Fremy A. This is in the beginning a. on before it got worse_ eddy Josiah was born? A. For almost a year. We almost FEE-- '1 I J: --How long before Freddy ern during that period? A. He was he was still .P . ?t eeller crawling yet. 9' had In faCt: Yen months old at the time . - a. a I Right. And you a couple of its letters. a. Right, oroopt All A. Worse. 9. And I guess that would be prior tom-.1311 tarted to abuse Alexis? II I a. Before everything started THE COURT: You want to bring .3393". MR . HUDSON: I 'm orryr . Jud-9.613.. r. ug- myself. THE COURT: I don know what-g, -- other one . I thought you left MR. HUDSON: I did. No, I . .U-.- . . 19+: 1921' +5 9' (By Mr. Hudson} Defendau-E?Sgtfif ad that one to the jury? . .11.. DISTRICT COURT OF OKLAHGMA 19:; 1211 yen came heme and kiss me. _smile and doing all the 11 GE.- ta be funny, the way you take and spend time with the it in the kitchen I want t? be even .i tell yeu all my past eteriee and my. z: 9 went te.be open with.. at to periencee. I leve yeu ee much." Q. Thet' A. Yes. Q. That's after yen guys are pertinent, rightBecause you guys weren't AH .I an?? sex in the kitchen at the I .- in . DISTRICT COURT OF OKLAHOMA- - .- Ill-l-.. - I i I 1212 Right . abuse-?5 You daier ahus es your daughter nearly ?ail? 'ive written this letter? A, I have. And a ai n' it's your about the of IHE. GIEGERJ I I 5 been asked and answered. azimmnuu It has been asked and answered. sustalned. Hr. you went to put that up here so you won't lose it? m, HUDSON: Yes. I'm sorry, Your Honor. THE CENTRE: It's okay. MR. HUDSON: May I have just a Your Honor? 2 THE CDURI: Yes. 1 wn rWl?lereupon.r Mr. Hudson conferred with-i i- HR. HUDSON: Thank you, ma'am., Thatfli?b. ?lv 1 have, Your Honor. THE 0003?: Redirect. MR. GIEGER: Thank you, Your REDIRECT EXAMINATIQQM3. Phanthtaranthr Mr. DISTRICT COURT OF OKLAHOMA - .13 that you suffered grDWing up: _5g'inte that? rememlner him [Neda head.) YES 9, .Answer eut laud_ 3, That's right. I Ma lam, fr?m yeur life experiences ean yen help a .-.- 1f underStand ha? a Child ceuld be mistreated a - H. In J.r case abused EVEN mere than Al . EX15 was abus Ftil the day She died, would you agree? a. I weuld agree. 9_ And still have feelings of leve and desire ?er - a :9 abuser, te leve them back and treat them Can yen explain that to a jury! aft-age 4" I ??eass? A. It gets confusing. I :1th I -. .- really leved as a child as I mule I. 21:? abuse I would ge threugh there's; $513313; aning no matter what, this is still}: i' sugh they still tie these things; '1 atings and everything maybe .- a. DISTRICT COURT OF OKLA-HOME. I I II. Kai. 1214 hi?u mqHIIH HHI IUIHU right or they 1 Uah actually luuh in try pwapl . a, I have JIIHI with lhnr. 9? Mn VHH nun phulH-- Huxpulnu vuu lhn? ha showed yau, I'mns likar ?03 In uhnnqa mu.- ?1 I thherLHH? II 1 UR that I 4 g. but mu Junt 11kg fur exam in Defendant's Ivan on. These I Manda: mutual. point-mi out? home aa 3. right. a. Th9 abuse wag nut as bad than a. . Var-1h . an it was latar? a. Does it: surprise yuu that your daughter" - .. with Mr. Mendez like this duringsh". r- . -- . I 51'. F. I -I. 531.23"? 'xj: it.? the male figure Sh?g?ma?grgx? . urn, wan whan it hurts we still. 5k. 9. Did she love Mr. Mendez as: A. I he told her to. .. tell ?2 ould say it. 0- Do you think she did? DISTRICT COURT OF 1215 511- Did you love him? "In scar-d out cf what drawer? Ai Freddy's draweri Q. Freddy's drawer in the -- I mean Ialways has paperwork in.h19xaggag~, HR. HUDSON: Your Honor, u?lgg 4' indication that that has releva?H ?3 la I. I'lr abject. i I MR. GIEGER: He put them. . II THE COURT: Overruled. MR. HUDSON: I me an it i; that Mr. Mendez has -- J-. DISTRICT COURT OF m. Uh?huh. A. He Was suppmsed tn get a. and decided ?at to gt: to Q. Nevertheless, Mr, Hudsg?q?i .- Gut even th?ugh .- 0 WE, nut as much during ?ne: 116 and abusive to your daughter? 11: a lot during the other; .. DISTRICT COURT OF is y?u' if see how.much I Cara: even th?ugh yeu' :5 . I .here fer you. Is that What ygu Were tr I was trying to reach eu out an this didn't werk? yDur Eiatar' 3. That's right. 9. Ian didn't say anything bad in these letters a?ut.Mr..Mendez, did gnu? .3. Ne, I didn't. Q, 'Yeu didn't say'I hate whenever yen hib? ate it enever you're nice Course y?u I re gainangty. I don't want to d? a??mtie??m *"den't Q. Mr. Mendez ever writ?ed ?.7e?i ng A. Only one time, Q- Is that the time 55,34 z. I DISTRICT COURT OF OKIM I didn ask you abnut it: Filtirday . ?r?u writing in r.qlrd. 3? AJ It'e happy thoughts 9_ Okay. Q. tee knew. which de trigger theuahM~ when we get angry that. mu. eitive te redirect yeur attitucigi ml . I . l1?l- I .5, get angry yeu're te ere, yen knew, ?II-fr! . . r" ?2:th I I .II-1 I. i' - '5 Ill}:_ In I I .Ii..- gceurege him to redirect hie attituc-t .3 1: it's out there in the epen whee MEWas this another enema-3 111: to Mr. Mendez? Even at gt .--Dur attempt to tie that? Can I: . l- ?I?r me and tell me what they-l DISTRICT COURT OF OKLAH: Card: and isn't it? .A. Uh?huh. You glued it together? Did he Sign it ar did.yau sign it? At HE: signed i 50 you did all the wark and put . it. . he Signed the card? altugathar Did he give his mum a card that day. that year I if Emu remem . 4- L-l. bu" use one? a '3 5'91! A. We just used that one, JE- . .. L-- lair,- their house. I I It was an appraQixalt?a Q. And yau made cards taYes, his sister. Q. As a way of reaching .-. it? velap that bond? Ma'amr. 1.. fami 13;? A. I did. - .2 raga - .- 9- On a certaln lave-1;? A. . DISTRICT COURT OF 9: I ll il?? I was ham? What were th How they things that drew ygu Weuld gath 3' them? er have family events up teqethar and hang out, airm- shin-.1an they b??ght clothes .1 . d. A. Yeah. nily sent, L. 9- And YOU talked about .. ?l the bed fer Josiah? A. Uh?huh. rtainly the}? had Int-311331: 'use it looks like; is it. That's right. uh .. pt IQ. CT COURT OF Q- 319 Pool 9. Things that pe?ple You dESire? at me r?phraee. things They looked llke a happy 9, Were they? amlly' a_ no. YOU '3 foer I "1 Not yet 11-! 1! a'am? A. Yes. He also asked you 4:11:31 you 3:53;; .- it, you remember him askingar?nazh A. Right . Q. And you said at one 0W: on some occasion or a . and . Mendez Freddy' :1 how he would get so DISTRICT COURT OF 15:35:; 111, calls that We havenrt playgd 011% of the phnne YB tr was made an July 5th the 911 call that May we appruanh, Your Hana THE COHEN: Yes. MR. GIEGER: 11 SUij at to our re stipulation? Via? {Whereupon, the ?0110 . here had, cut of the heaging. I. 1 MR . HUDSON: Judge I ran-mm? - objection to this. THE COURT: Thi a i a one right? MR. GIEGER: Yeah. MR. HUDSON: NO, about -- #:am THE COURT: You DISTRICT COURT OF a - Pulat 0f the Call ed tn th .r Perry 9 THE cuunm: did. Y?u Said . . Wu. DbJECthn to either Due 0f th ?nd there was em. Objection. . did a stipulation as to the testlmony gf HR. GIEGER: THE COURT: I understand rte-age; "1iMR. HUDSON: The of custody I stipulated to, I introduce the 911 calls and should have objected as ta THE COURT: But it gag-3;. .15. 11w. . question did she ever I .-I . What was going on and - DISTRICT COURT OF I donlt think it?s appropriate res gastaa i tla ina crimes evidenc?_ overrule your objection (Whorouponr the . ooturt.r in tho ask you a question. THE COURT: Do you all mindFthI-Llilil II. I: I .- fits:- I - i. lun oh And then we 11 break. forage. ?an-t5? fig-E; you an hour and a half if you is Friday. mans: (Lo? (Whore-upon, Mr. Giog'o'r g3? Exhibit 11? for the . lit-fl 1: 9- (By Mr. Giegor) casggu?, .. I . I DISTRICT COURT OF :4 5.: i It J1 3. His older sister g. She' . after it became Evid?nt ing C?rrect? Mr Right. 9_ Your was injured waan- . .aa Yea. it? Q. He's aut a control and hang fight1t, isn?t shethere any way that Maria Gab-arm -r Mendez's father didn?t know Freddy- Manda: haw an .j.er problem? I I A. knew. livl Eav3:. to my bedr??m and you were watching-indaw -- i A. Yes, Christapher'a ream-.2 . . I Q. you ever heard that; A. It was Christopher's - Ch ri apha a room . at call bafare DISTRICT COURT OF 0K7 1. Ho. 1225 . You didnr I a kn?w it am. 1- Nm at?: did Ya? 1" did I '911 call. ND Que tall the 901125 at at 1 the Dali-CB I east baby a mother and ?aw he! 3 already beat up 3 baa - It that, did they? ting up my father Q. Did you feel like THE CD URT Mr. Hudson, ynu want tn.- nnme up and HR. GIEGER: He has them, Judgaf @111: ?nal-a?! I'll Show him. - Hr' Gieger) First 2' you State's Exhibit Nam 1.3% II it?s hard ta II I - asa for your apartment, can sag. good enough to make out 'I'h haunted? a 1221 august 30th. a. m: to that DQEB that 11k we apartm?nt and ygu the lease? in Eight} Get a lease, right? HR. I 9E: I offer State's 13D THE COUR-- 1theut eh . Jeetien? MR. Ne ebjeetlen THE CDURE: Sta I I te a 130 will be admit DbJECthn- ted.witheut (By Mr. G1 9 eger) Apartment leaae centraet see that? can Yeah, at the tap. Q. Says August 30th, 2011, I just put this in te .. the dates. There's been some kind ef guesswork j, when yeu actually mavee?l inte the apartment .-ieualy, the lease was executed on August Beth; $5,13th 4! A. Right . 9. Based on what this shame? -- .-. . exis Mendez, Freddy . Mendez tactly sure abeut all that, but don't abject. . . I mean, yen: A. That is the lease. Q. -- had a lease fer DISTRICT COURT OF And there were Q. Phetegra Ph? of "are there he There was. ?at? And eeme of these were hanging en he . these were ether places. Ara the all. eeme ae these famil t?graphe that 1were in your i . and the leeatiene ef igmf shewlng where they were en.the walli? I knew where they?them, right? a, Right. Q. And again, they're State's. 353%: MR. GIEGER: I ?m . 15, 19, 131 and 132. - THE COURT: These will I ebjeetien? MR. HUDSON: Yes, and 9' (BY Mr- For DISTRICT COURT OF a .uras on the wallr right Ira? - That *5 right .olggize. Just family pictures Mendez. is it net? A. Right. 9_ And then there's a famin phate J: thi?nkxwe'w ready seen . I. A. Right . Q. But it was also in a frame; A. And that's Alexis and Q. And the paint of - . pp}! times, were there not? .. . A. There always is. a. Q. And there were really. 3. Yes. .- - DISTRICT COURT OF \xx 1230 and h. . I 175 a? N0. second? Mr. Gieger} Ma. . . .. ws his right arm and Shows a tatt Exhibit No. 9 GD en a. David Miguel. it: right? Q, And what is David Miguel?! tl' A a as his nephewr little hey that Alexis is Ming hands with. 9, And I think he was shewing you, maybe; haswell. some paint did Mr. Mendez get Maggy - a 1 I.-l . ?Iv. kiwi}. - arm? ., A. He did. . Q, When he asked ygu that "3 ether or net there was a tattesi -- arms, I think you smiled and you remember saying that? 11. Yeah. . - DISTRICT COURT OF OKLA-HOW - - me raactinn? 3d Ho said that ha ?is aund it, he could just thruw ?h?tav wantskind 0: tattoos 1 going to put whatever itithe Defendant's Exhibit No In_ says Freddy Josiah. 9, And 11: says Freddy Josiah across his whole: tho-st ire? A. It does. -- In. Q. In your letter you say I 'm ?as? 1H: I - pm! or something to that effect 'tting Alexis' name tat. . . an Alexia. 'gght? A. That he's considering .kgagi -. 4.. Q. Did you know he was .. Vatever arm? - I Av he just mentioned. .- AF I i. DISTRICT COURT OF 123 It know where, 2 and than he! 1, just for whatever That's right And 011 13' CE: as 1WE11 as hospital personnel as 11 as th3 9011-59 at the Felice station sheet the fall the stairs, remember that? I remember that. Q. And he said, as 1mm were going bag]; and If,ng to answer these questiens you tel-kea..mt ii, H. ffsrent scenarios that Mr. Mendez saic?u'wewg' . - 2., - 5?15 Or we 511011101 ?39 that 01? we as at? A. He said to say those things, Q. Hi ght. Fell down the stai?sam . and her beat up or babysit-1?; A. Right . 1* Then he if? 0. Remember use. . 1.. I- - ?It'i i: h. . DISTRICT COURT OF OKLAHOMA - 1233 I I don, It thuy 91" a! tar an th?r did a CD someth nther Mr. did it Or ?ha it: right? ember asking Ynu that up? at ?man . the 31:01:13; that?s ab?u't this you changing your story, remember that? I don't recall that? 9_ Remember that question? 3? I don't recall that part. 9. Well, the point of all that is this; it assum- ve been better fur ynu if you would haw E2 - ?1m; igbysitter story because that matches what. 3135:, .-.. Call, doesn't it, we just got name? A. Oh, yeah, I heard him say Q. Then he wnuldn be asking. *cause then Ynur story would have; -- ginning, right? A. Right. 9. All right. Last thing '1 r'r- 'v DISTRICT COURT OF OKLAHOMA rut ;hibits No. 2 and Ne* and then en her are these the ki of juries she would sustain there at the he '2 use A. Yes. ;?thdaythe Mendez family heme? A. Yes. I - 'r Q. But the injuries that are enema" ,hibit Ne. 91, State's Exhibits Ne. six-q, eigfs??i'? en the pi the neck these until they said you guys ?ensues sf ysur demestis violence! -- en that's what happened, right? .11. That's right. - DISTRICT COURT OF a 1235 Q, And. Ina'am, C?uhaEl ask tions all thrgughUUt his Ed you a series of i first moved 111120 the Hand examinatic?? about when 92 ho me the house: remember that? aw man? Phones were 3. Yeah . Right. Q. axis now safe and he ween Em; even at that P?intr even though You had It abusing Josiah, cyan. 11 Robin and you oould have, right? . A. I oould have. Q. And then he talked about phone - . .I I I .. or a apartment complex while he was slaug?igf .- ., I. x. I wastaira neighbors or the apartment a; . I ?atJr right - A. Rightsaid you oould have right - DISTRICT COURT OF OKLAHOMA Fl . ?Igp . [ 3., I didn?t, - fr": a. Ma'am, d0 that, areHI 3f!rtl A. I understand that 1 Fee a You dldn't tel eon: right? at Vbu'ra in 3 That's right. 9, And you didn. tell the pollen . 2.. 're in Prison? and that?! WW 34 I understand that a. and you could have? A. I could have. m. GIEGER: Pass the witness. I MR, HUDSON: a q_ Ma'am, that plea deal that you inter-0dr am ember what yea were charged withsorry. What was Itam, when you were charged gm :r -. . ember you were Charged with ughter ta deathJr right? I a HR. GIEGER: Your - alternative I Q- (By Mr. Hudson) Were HR. GIEGER: just i. DISTRICT COURT OF HR. Harlem: question. Farm at the 5333 WITNESS: I don't understand. THE CDURT: I 'm geing to sustain that 9, {By Mr. Hudssn} Mr. Gieger has indicated ?that cause ynu?vs get a history of abuse ygu have; [5 aeial knowledge in that area, remethr,thafirst got up here? A. Yes. Q. Right? You can explain Hf?; .eu wrote and the phetegraphs that. . I 'f .355 at a hlstery ef abuse and yen MR. GIEGER: Just the 3'4, .. - . Ii run: a 0 I - Your Honor. She didn't expl 13.13 DISTRICT COURT OF OKLAHOMA _ciprocal? .1. What do yeu mean sickle {sis}- n. In ether words, the abused been .cansistent basis? A. I didn't knew that. 4" In! . Q. You didn't -- that wasn't .- Jat you learned as a result ef agga?i D?n. MR. GIEGER: Your Homer?s THEIIWIEEHESS: bk}. DISTRICT COURT OF 1239 HE. TEE CEHHME: an abulit. ohe? IE 3? She didn't know that. a. Mr. 5 already teetitied our answer? 3 what I oeid: I don't know. an I am t? undere me'am, tten as a way of reaching Thet' HudSGn} And -jury is to understand re in the apartment just before Alexis dies. right? A. Some period of time, yes Q. Because you only lived there for? Short amount of time. 9_ Less than two months before she died, right? 3, {Node head. And as part of your reaching out you talk about. - way that Freddy Mendez takes care of you. ant?1 the lolrenr right? A You give them positive feedback so? like they are doing something. h?w he always Spends . I ght? A. Right. I And how he's a great dad to" 23.3} A. Right. DISTRICT COURT OF OKLAHOMA . Q. I HHderEtaNd? Hark :at latter t0 him? han'y?u "rate this in Na- you had I that ana well before In YES right? That' ye kids: right? .A. Right. Q. 30 lavalvad with yaur aan, .yau still. 3-931? Ma?a. 3 a. tantian, time tn teach her new th .. 1119's . m1? eddy, for all you're doing far 115, a. Right. A~z. I . ?x - 3.. S?ij?f'r 9. That was a latter written buaar of you? A. No, that was a way (if r-?aia?? Q. Because Okay. And then yam DISTRICT COURT OF OKLAHMA 6? - 5aher? A. If You write it Gut because he won' thing also that you could do? I think you 'd t. an. i 53 only way I k??wr I didn't want to make him a . I d?ntt want 110 make him mad 9_ Right. But what you would do is yould deioatingj fist fight him, right? a. You, I have. 9, Right? And you know a way that -.:umothing, because you got a UFO ag??g?g; 143-1115;: - "lu right? MR. GIEGER: As Red and THE COURT: It has boom MR. HUDSON: This is Rooms. THE COURT: I 'l?l'l going toDISTRICT COURT OF OKLAHOM. A. I was scared. q. I understand_ kins, right? a? [Neda head.) Right? Yea. aka-3" mu 9912 a VPD, right-.9 okay. And yen called the peliee- right . 1 With help. Q. A. Q. AI I did, with help_ Q. A. Q. But in this case all F011 knew ta (51.3. wag Wide letters to Freddy Mendezwaan gelng te wrlte a Ir?f?g?t, uld he were a . I Q. I understand. Hate letter'an pset him mere than when you punche??jgtta; A: MR. GIEGER: .. DISTRICT COURT OF OKLA-HOME mm come: It 1 12.43 I a J"imam "Imus ??tetiua we: eetm Wham ha wnu Malay?? me enum- ?uld hit e' ?uk? Elmdid. And he mistreated You? He did. 9_ They knew at that moment that he had mietreeted cerreet? a A. They knew. Q. And they intervened? A. The}.? did. Q. If fact, his dad went Out en. Onfrented him. correct? in A. That 5 correct. Q. And his sister called A. They did. - I I 31 DISTRICT COURT OF OKLAHOMA 1- I I meanr a, It didn't matter. 9_ no you knew whe re he 3 get 1113 brewer?s EHE --D a. On his upper eheulder. Q. 011 the same arm, right? . . . A. Uhm, I'm net sure 113 it?s Gag; Q. Do yen knew where he 3 get age iguel A. On his ferearm, en the @3371: I . - 9- Right next te where IL DISTRICT COURT OF OKLAHOMA ?n hi5 whatever arm Q. 3? Right. a. we 1: l??king at - ing an, correct? a Picture ef what's We can't. Q. Ma em, have yen ever hEard th at 3 13110113311611 wercis? a Picture 1.3 g. I have heard that. I i- That 5 a happy little girl in that . . Picture Fairing With a guy She th?ught of as her dead y: fight? I I- a 3. Yeah, She eaelted 1n.that piatune THE CDURT: That15? MR. HUDSON: Defendant?s Exhibit 8, Year Home]: Q, (By Mr- That's anether theue?a'ad weeds 1 -ght there, ma?am, right? 3, She's net tee happy in that i "i .1). 4. THE COURT: You want to identify hemw- ?3 I r! I- J'lt. 9' (By Mr Defendant's- ugging Freed}r around his neck, r-igkg?tf?l . Ema; .5bbi_ A. ?EfeemJr he fereed her he ate 3-. 3 eveable to pose exactly haw she maxiDISTRICT COURT OF OKLAHOMA a an pill-191.131; rel he had formed heir nt inn lnataad of makinu I atatamE 9_ {By Mr. Hudson} 6 bnun ?ed int? m_ That's hum anal-tad and anaw-rud? THE CDURT: Overruled. That's right, 9_ {By Mr. Hudson} Where are uh. happy pictures at and Alexia? a" There are some whara Josiah is in the pictures. IBIS plenty of other pictures that you guy: dan?t ,5 E- Q. Where were they kept? A. 0n the camera phone, there an hi?l?l?ggfy: ianda have, my amily members have. . 9-: to always sand to them before MR. HUDSON: That a all I. Thank you, ma'am. THE COURT: May this witn?f? MR. GIEGER: Yes . - DISTRICT COURT OF OKLAHOMA . . 9' {By Hr. Hud?an} 3? this Picture ahe' een ?ed into that . Mg_ That?s been asked and answered. THE CDURI: Dverruled. TEE WITNESS: That'a right, 9. Where are the happy pietures Di 1 and a? There are some where Josiah is in the pictures. here? plenty ef ether pictures that you guys don?t ave. Q. Where were they kept? A. On the camera phone, there are some that riends have, my family members have. The" Iii-?? 5% sad to always send to them before all I 1411. HUDSON: That a all I have, if; Thank yeu, ma?am. THE COURT: May this witness . HR. GIEGER: Yea. 4-. . DISTRICT COURT 0F 0 THE EMT: hank y?u? ma. dawn- Ladios and gentlemen "Ewe going to break for lun after 12:00 I anyone to discuss it With {Whoroupon, the jUry ER ?8.3 hare had AFTER REcEaa [whereup?nf tho jur the follomng 9.111., and ourt.} THE COURT: You may be seated State MR. GIEGER: Your Honor, State calla Roaalba Honda:- THE COURT: Raise your hand? ROSALBA mamas; 33 called as a witness on behalf of tho. I ?7'53; 4: THE COURT: Ju a have a 3 eat: a r. ll Ii.- - avin?g first boon duly sworn, microphone around in front keep your voice up. You re mtg, THE WINESS: Yes. 1 DISTRICT comm OF OKLAHOMA -