10- crime of 11$ ICUIISB of Its COUJIT II if kaEIhO ent trial settmgitrial Ilall-Fr . I NILE I ?hfn. _l .x I. . p. Ink?: .Il.I!liibi..I.I...I-. -I -I II--. I..--Ir..1. . Hill. -i.l?uy4m.ln. -.. .iiur -F. I..- .. . !f dunHE: [Harlin?wrll d. . IHP THE STATE OF OKLAHOMA, CASE ND. YOU MUST usE A SEPARATE PART B: SENTENCE ON PLEA 'vs .Lan' fink/M Jr, . Barium-13m, DOBYEARS AS POLL ".157 SA RDER As auas'nuN ND. 10, :1 TO 5 concunxanm.' .. PPLICABLE 'szsmATE UANTTD OKLAHOMA N. I ENT-llmH?m DU ILLEG DUHABFFUAL LEAVE TH . .DRRECTIONS CHANGE FAILTO REP . 0; RE DIRECTE .. I I . FAILTO PA . FAIL To A MES UR COEUDJTIONOTICE NTED ATTDR NTENCING DATE CE IMPOSED1-11 II 1 m: TH MTH .ia' DD YOU UNDERSTAND YDNE OF DEFER i .. "954 i i I .. i; SUSPENDED i? r-lm Ina-w.1 11? . .I .[Ii IJFI DAYS FROM THE DAT-E DP DENIAL. ouwoLATE THE DEPARTMENT ONEY AS ORDERED BY THIS I'or; YC) CJURT ULLTY erHm HDTD PROM AIL. WHY YCNU A REQUESTING ST HOLD A RULE UPON PRDM THE DATE IT IS FILED. IPTHETRTAL THE RIGHT TD ASK THE. COURT OF FILING A TD WITHDRAW PLEA DP GUILTY MUST I APPEALS RULE 4.2m). IF YOU ARE SENTED ON APPEAL BY A 99 URI i BE ADDELERATED AND JUDGMENT AND :2 7 EVDKED AND THE ENTIRE JUDGEMENT AND 1' DTHER WRITTEN PERMISSION FROM THE DEPARTMENT REES YOU GIVE THE DEPARTMENT DP 5 TIDN OFFICER MS AGREED TD SUPPLEMENTAL SUMMARY ii- i I I Muir?- MENT DP CORRECTEONE I NH "It i mm.rzv'rzm..11 RH .Uff: Jw(.?Er?iftibik 8m m1: L. ct: cqunFEE THE: 13: ENEFU 01>? Q: APPOINTED ATT. MENTAL HEALTH FEE DEPARTMENT OF CORI A COSTS 21.2.1 w} HENDMM mm . ORDERWANT TO REMAIN A . PLACE a-?AMr!" N: am a DOB: ADDRESS: 1, CASE No. CE THE STATE OF OKLAHOMA, PI-mm, CASE NO. FILED IN THE DISTRICT COURT CASE NO. CASE NO. - NO IS THE NAME JUST READ TO YOU voUR TRUE IF NO. WHAT IS vouR CORRECT I HAVE ALSO SEEN KNOWN BYTHE MV LAWYER-s NAME: fig LMKD you HAVE A RIGHT To HAVE A RECORD MADE OF THESE PROCEEDINGS Ev A COURT REPORTER. Do YOU THAT 1) AGE 1 CAN YOU READ AND UNDERSTAND THIS (IF THE ANSWER IS NO - COMPLETED ADDENDUM MUST EE ATTACHED) HIGHEST GRADE COMPLETED IN SCHDOL: ARE YOU CURRENTLY TAKING ANY MEDICATION OR SUBSTANCES WHICH AFFECT YOUR AEILITV To UNDERSTAND THESE HAVE vou BEEN PRESCRIEED ANY MEDICATIONS THAT YOU SHOULD BE TAKING, BUT VOU ARE NOT TAKING THEM AT THIS IF so . WHAT KIND AND FOR WHAT HAVE YOU EVER BEEN TREATED EVA DOCTOR OR HEALTH PROFESSIONAL FOR MENTAL ILLNESS OR CONFINED IN A HOSPITAL FDR IF YES. LIST THE DOCTOR OR HEALTH PROFESSIONAL. PLACE AND WHEN THIS OCCURRED: DO YOU UNDERSTAND THE NATURE AND CONSEQUENCES OF THIS PROCEEDING7 - . :h"nill I. ..-:33THU EEIT HEM UNI I I?l I :?JiiWipigjh . ?Null IIHII 'i I II It I'YOUR. OWN Emma I I TED TESTIFY miJURY mugsrr BE UNEIIQIMPUS. YOU cm WAIVE uh- .4 1. -I BE TRIED BY A JUDGE ALONE PUNISHMENTTESITHIQQIQ PRESEE orYOU GIVE UP THESE I - II 71 . or?: GUILTY COULD INSREASE E: ER THIS I WYER. ADVISED HIM HER GUILTYAND GIVE UP YOUR g. LY EXPLAINED CONSTITUTIONAL. - .mum-umwnamm-m--u WWAn-mermnamnmm a no vau wuss-rm vuun u-Lu as amnv we away-I .- Arr" uo won rum corms-nous. on one In PRIOR CONVICTION. OR Two OR MORE PRIOR FELDNY CONVICTIDNS NO 24 WHAT ARE VOUR PLEAIS) TO THE CHAROEISI IAND TO EACH ONE OF 5mer[ 25. DID YOU COMMIT THE ACTS CHARGED IN THE N0 STATE THE FACTUAL BASIS FOR YOUR zoa'l Izzy; IL, 3% AA .1wa ibqe, Mange 1m>> firmt] CMHJA 1., "new 'rx'lm 11mm 4dr were JelifinrA'fgj-J'l [nrw .7: +n>oyw2=4 firm agony: Ev A 5.4/ -Ix my Mug? 26. HAVE YOU BEEN FORCED, ABUSED, MISTREATED OR PROMISED ANYTHING BY ANYONE To HAVE VOU ENTER YOUR YES 27. DO YOU PLEAD GUILTV OF YOUR OWN FREE WILL AND WITHOUT ANV OR COMPULSION OF ANY no 2a. IF YOU ARE ENTERING A PLEA To A FELONV OFFENSE. VDU HAVE THE RIGHT To HAVE A PRESENTENCE INVESTIGATION REPORT, WHICH WOULD CONTAIN THE CIRCUMSTANCES OF THE OFFENSE, ANY CRIMINAL RECORD. SOCIAL HISTORY AND OTHER BACKGROUND INFORMATION ABOUT you, DO WANT TO HAVE THIS v55 28, DO YOU HAVE ANY ADDITIONAL STATEMENTS TO MAKE TO THE YES 30. Is THERE ANY LEGAL REASON YOU SHOULD NOT BE SENTENCED YES NO 111'! I111 MII ANTI AMI IIAVEII me. (WEN I. I I I MRI ?pr THISTHIEI Irma MEI: Am r: mamw my InnI'Irl In. -I- I . I E12: ED EOR I HAVE. MADE FALSE STATEMENTS I.I- I .I I- 'fllh NEY FOR THE DEFENDANT, BELIEVE TI-IE DEFENDANT UNDERSTANDS THE NA IURIE. . I . I .I ESOE THIS PROCEEDINO. HEIWIS ABLE TO ME IN FORMULATINEI INN II I. I AM SATISFIED THAT THE DEFENDANTIS SAND RLEAISI OI: GUILTY -. I I I I HAS BEEN INFORMED OF ALL LEGAL. AND IONSTITUTIONAL RIGHTSTURE OI: DEFENSE COUNSEL BELOW II: i' .I .. AND WITNESSED BY MY SIGNATURE . QUESTION 20 IS CORREDTLY STATED. IIBELIEVE THE RECOMMENDATION . INOLO CDNTENDERE PLEAII?I?liI.iIlli..- . I. I ,rIIi ?amply.? nmv?l? ?sir-mm A If1.5? 1N - Kr -LU-ant' -..-.Irqi r~?~dLT 'PutIjrl . ?rLilIfHrm-rH-l-II- InnirIf..- . JIM. - ff'harun-L .- II- I ?-ollw-i-a-c-Iu-u-II"1:3 H: "ll ll - I TH: DISTF I COURT Or OKLAHOMA Cg - Or- ,3 20 cu; THE STATE o= NC CASE NOTHE NAME JUST READ To You VOUR TRUE NAME7 N5 NO. WHAT Is vouR CORRECT I HAVE ALSO BEEN EV THE MV LAWYERS resend) 5' Nashua 3 mu HAVE A RIGHT TD HAVE A RECORD MADE DE THESE PROCEEDINGS BY A couRT REPORTER. Do vou WAIVE THAT RIGHT0 NC 4 AGE 39' HIGHEST GRADE COMPLETED IN SCHOOL \0 5 CAN YOU READ AND UNDERSTAND THIS NC (IF THE ANSWER Is No - ADDENDUM MUST BE ATTACHED) ARE YOU CURRENTLY TAKING ANY MEDICATION DR SUBSTANCES WHICH AFFECT VES (R) VDUR ABILITY TO UNDERSTAND THESE PROCEEDINGS7 7, HAVE you BEEN PRESCRIBED ANY MEDICATIONS THAT vou SHOULD BE BUT You YES 63 ARE NOT TAKING THEM AT THIS so . WHAT KIND AND FOR WHAT PURPOSE: HAVE IELNESS OR CON IF YES. LIST THE DOCTOR OR HEALTH PROFESSIONAL, PLACE AND WHEN THIS OCCURRED YOU EVER BEEN TREATED BY A DOCTOR OR HEALTH PROFESSIONAL FOR FINED IN A HOSPITAL FOR MENTAL YES 69 DO YOU UNDERSTAND THE NATURE AND CONSEQUENCES OF THIS FRUCEEDINE57 N: L..L.. 1?1 If ?i I .. FMOWINE I I HAVE THE TO A BEFORE. A JURY FOR THE DETERMINATION OF WHETHER YOU ARE: TY OR NOT GUILTY AND I: YOU REQUEST. TO DETERMINE SENTENCE. v'4 THE YOU HAVE THE HAVE A LAWYER REPRESENT YOU. EITHER ONE YOU HIRE POR YOURSELF OR I: ARE COURT WILL AREOINT ONE FOR YOU. YOU ARE PRESUMED TO BE INNOCENT OF THE CHARGES. YOU MAY REMAIN SILENT OR IE YOU CHOOSE. YOU MAY TESTIFY ON YOUR BEHALF. You HAVE THE RIGHTTO SEE AND HEAR ALL WITNESSES CALLED TO TESTIFY AGAINST YOU AND THE RIGHT TO CROSS-EXAMINE THE WTTNESSES. You MAY HAVE YOUR WITNESSES ORDERED TO APPEAR IN COURT TO TESTIFY AND PRESENT EVIDENCE OR ANY DEFENSE YOU HAVE TO THESE CHARGES. I THE STATE IS REQUIRED TO PROVE YOUR GUILT BEYOND A REASONABLE DOUBT. THE VERDICT OF GUILTY OR NOT GUILTY DECIDED BY A JURY MUST BE UNANIMOUS. HOWEVER. YOU CAN WAIVE A JURYTRIAL AND, IF ALL PARTIES AGREE. THE CASE CAN BE TRIED BY A JUDGE ALONE WHO WOULD DEOIDE IF YOU WERE GUILTY OR NOT GUILTY. AND SET THE APPROPRIATE PUNISHMENT. DO YOU UNDERSTAND EACH OF THESE 15. DO YOU UNDERSTAND BY ENTERING A PLEA OF GUILTY, YOU GIVE UP THESE NO 15. DO YOU UNDERSTAND THAT A CONVICTION ON A PLEA 0F GUILTY COULD INCREASE THE PUNISHMENT FOR ANY FUTURE CRIME COMMITTED AFTER THIS No 17. HAVE YOU TALKED OVER THE CHARGEIS) WITH YOUR LAWYER. ADVISED HIM HER REGARDING ANY DEFENSE YOU MAY HAVE TO THE CHARGEIS) AND HAD HIS HER ADVICE IN THE NO 13. DO YOU BELIEVE YOUR LAWYER HAS EFFECTIVELY ASSISTED YOU IN THIS CASE AND ARE YOU SATISFIED HIS I HER NC 12. DO You WISH TO CHANGE YOUR PLEA 0F NOT GUILTY TO GUILTY AND GIVE UP YOUR RIGHT TO A JURY TRIAL AND ALL THE OTHER PREVIOUSLY EXPLAINED CONSTITUTIONAL NC 20. Is THERE A PLEA YES 6c WHAT IS YOUR UNDERSTANDING OF THE PLEA Bum PLEA- Kit? COURT IE NOT BOUND BY ANY AGREEMENT OR RECOMMENDATION . DES No: As: THE PLEA AGREEMENT. YOU HAVE THE To RAW mus PLEA or NO Do you UNDERSTAND THAT IE THERE IS NO PLEA AGREEMENT THE COURT SENTENCE VDLI WITHIN A RANGE OF PUNISHMENT STATED IN DUESTIDN137 No Do vou UNDERSTAND VOUR PLEA D: To THE CHARGEISI IS AFT- N0 PRIOR FELONY OR PRIOR FELONY coNvIcTIoN OR TWO 0R MORE PRIOR FELONV CONVICTIONS NO IS I ARE YOUR PLEAISI TO THE CHARGEISI (AND To EACH DNE TH. DID vou COMMIT THE ACTS CHARGED IN THE N0 STATE THE FACTUAL BASIS FOR YOUR PLEAISI. HAVE YOU BEEN FORCED, AEUSED. MISTREATED OR PROMISED ANYTHING BY ANYONE TO HAVE YOU ENTER YOUR YES DO YOU PLEAD GUILTV OF YOUR OWN FREE WILL AND WITHOUT ANY COERCION DR COMFULSION OF ANY IF VDU ARE ENTERING A PLEA TO A FELDNY OFFENSE VOU HAVE THE RIGHT TO HAVE A PRESENTENCE INVESTIGATION REPORT. WHICH WOULD CONTAIN CIRCUMSTANCES OF THE OFFENSE. ANY CRIMINAL RECORD. SOCIAL HISTORY AND OTHER BACKGROUND INFORMATION ABOUT VOU. DO YOU WANT TO HAVE THIS e; DO YOU HAVE ANV ADDITIONAL STATEMENTS To MAKE To THE RT NC Is THERE ANY LEGAL REASON YOU SHOULD NOT BE SENTENCED NOW7 3WD PW NC ND - _IrQGNATURE 5333-: ZN. MAK E: FOLLOWING STATEMENTS I I I i Tm m: 3113350 AN F?me AND AL ANSWERS TO - v' 5: 5 a 0-755? 33,1": #195 ILPASWEREI I I I ml?? THIS FITRM AI-I HAW: GONE OVER THE SORM - TED-MT AIIEWEEZEEI I'm CILJESTIOHE I I i I PILETED FORM PCP: Am INSERTED MY ANSWERS HAVE MADE. AMT FALSE STATEMENTS TO THIS i i i . BELOWPENDANT, BELIEVE THEE DEFENDANT UNDERSTANDS THE NATURE, WI: . DING. HE SHE IS ABLE TO ASSIST ME IN FORMULATING ANY i i AT THE WAIVEERS AND PLEAISI OF GUILTY ARE-E 1 FORMED ALL LEGAL. AND CONSTITUTIONAL ns?counsa BELOW II I 5613 BY MY SIGNATURE: BELOWCORRECTLY STATED. I BELIEVE THE RECOMMENDATION - 'CONTENDERE PLEALat: 4 A A w?.lluI? . i I'll? (On December 20, 2005, the following proceedings 2 were had in Open court:) 3 THE COURT: This is Case Number CF-04--6403, 4 State of Oklahoma versus Tondalo Rochelle Hall. Ms. Hall 5 is present in person with counsel, State by counsel 6 Comes on this date, Wednesday, December 20, 2006, for 7 formal sentencing after previous plea of guilty- 8 Would you raise your right hand, please, ma'am. 9 The defendant was duly sworn and testified as 10 follows:) 11 THE COURT: Put your hand down' state your full 12 name. 13 THE DEFENDANT: Tondalo Rochelle Hall. 14 THE COURT: Social Security Number? 15 THE DEFENDANT: 16 THE COURT: Date of birth? 17 THE DEFENDANT: 3/10/84. 18 THE COURT: Mr. Smith, who is standing 19 right, is your attorney? 20 THE DEFENDANT: Yes, sir. 21 THE COURT: Are you taking any kind 22 medication today? 23 THE DEFENDANT: Asthma medicine 24 THE COURT: Does it affect, understand what is going @1295 - hit-nu. I I 4 i. 1 1.. alb- I L- I?1hl . him-ll- w?wstate first prior to sentencing MS, MARSEE: Your Honor. the recommendation in this Case has always been life for both of the defendants in this case. This defendant in particular plod guiltyi As this Court is aware, she was charged with child abuse. or in the alternative, permitting child abuse II to tho incidents which Occurred on her two separate childron. what we have here in this case. and the victim. in this case are her 20-month-cld child. known as - who had 12 rib fractures that were consistent with being squeezed with a compression force. The rib fractures on "It and a femur fracture. 10 to 14 days old, at least, and the femur fructurn 'lI dated by the doctors to be acute, which was less than seven days old. We also have this defendant's tuoelnd-'~ 17 18 19 20 21 22 month-old child, who had seven rib fractures. vhi also consistent with being the squeezing motion. and of all things, a toe fracture. fracture. You heard part of this case when you when we did the jury trial on the co-defenein case, Robert Louis Braxton. Jr., and you this defendant testify during that'trifi belief that -- I have a hard time wit}? $ix dei.rh .IMJ. rm? an . _Ir? . wacm .r . .. 1.1114.1 1f a. . 1.1: . .r u. L. WTL.1il.114.T.. Li. - hi I1 MI ...lrl a .f A .q .. .. 1.1. . . . 11.1..-.. all?1-.IA .11.. . .. L. .. .11. .. Ail?um a WM. a a! .nv. aqi .w 1.). flir- :1 l. Ilsaj .. WI CC i :41 AMA Tr. xii.IL I It e. I I II: I-.HII . .xl-.uru .. . .. .. . . .. . - . - . .. . . ulmqtair]. . .. TilTl. (.11 . . - I. r.l$ 1 . ..J i u. .wlm . - . .1 i . .- .. ..IVIH ..I. .IFJ .. .. - --.. .. .. WITF1..H: . ?g .T-.. .. ., . .11.1 1 a J. A - ?rim ...-.. . .g 1 ?:{11Wu? xvi 1.1r:g ?if - I .1. 3:101: be tandi m: 11:63 fore E: - . 1w_ .L algagrae With what Cou?sel ?l?i- camfnneibeut She was ?cl??w3 l7 x??m'tc?t?maihogpiial. She's 20 I 18 twat hurting, ScarEd_ Ndw? p? 19 V.. tJHE.benefit of education, or the ugbr'lfT0111?in aged step?pa rents. And I: would 22 takma that accountq not be: somewhat of an and haw/433 the resources hersel t: 0 make ?mi-I DISTRICT COURT OF OKLAHOMA COUNTV *i I I. Iii-Hill .I.I JLII I.._.Irl .IJH 44. I J2..J Im. II I111all.14.I.I.awn. .I.I..II.I.-I. .I.I. .I .. .I-I.I. .I.I .I..I..I.IL.I.I. .I.I. If. .I.I I. I. .I- I . .I.I. I- HI. .I. .I.I. . .I..II.I..I.I. .II. 1 8 9 -I- 21 22 23 24 25 I Your honor, A41 wile/CH; aldlirz'lug. Uu; 'I'o'xlqlo hem-anon I looked In 0d L0 be the FORT Program, RTP, they woulfivx't ar't'ept The: because of the nature of her charges. has spenL two over two years now 1n county jall, and that's hard time. She is remorseful. She has family to support her. She would go live w1th her dad, Wazelle Hall, if she were released. And that's what I'm asking the Court to do' I'm asking the Court to sentence her to the same sentence that Robert Braxton was sentenced to that the state offered, and asking her to be released to probation today, THE COURT: Last word if you wish. M5. MARSEE: Judge, I would just like to point out, she didn't take the "kids" to the hospital. she DISTRICT COURT OF OKLAHOMA COUNTY - TRANSCRIPT Ii .1 U1 Braxton. I tx3u.ch .1. I I. i--I on w-I-l- 'I'lrii-hml-Ilm . n-I' mu?- II. OUNT Hf )l'v?in?! OF f" E. i 1 Jud.Lri FixDl??Tth .. .. .. . .tail-Inl- hull? 4 .1 L1 .4. 14.1.1. 1.14.v.4- r- :1 far 11:. 1531 my? u} L-J . 191E: .121 {232% (2:2 j. by C: 1i? 63e1.) C. t; 53i1- woul ant1.19ausee llcit-:31? Gm (:iant 't I ?u 11.x; - THE COURT 25.151 kaii .. 18 COURT Aflyt hing that :g 19 has got; no 1?11ng dc} wi 11:. thi tr} -.: wh"going to be sustained. NEW, doyo 1.. "1 admoni oning them and bl? mimof ov? MR. RICHARD: Yes, sir]; 15.1 and} THE COURT: O?ay. Fair .4 4? f_ 24 MS. MARSEE: Judge, couiwi,. r- {a Judge if i a .l i .5311. he ldj?, DISTRICT COURT OF equgmi l7I.this point. no. I - In} Pd 4&1 tin-*- Hi?33? i if r31 1?15 51. and 30w 1% had br1ised hd? st?mwestlc Vlmlence. ga hag :hat notidf.161 uLe Stat?m?f? 1. THE COURT: I 1. you. go as l; tatrald of hiw.if thatfl". NJ ..-I 4 a atcry. But 15? the fact She was afraij if him, She can '1 16 .but I'm no: going :3 LE: you get into MS.MARSEEI Ok?(The following were ha: I :Mibhin :he hehrihg :1 :im JUIYI) I i i COURT: abje:t:on to Spat??' .J. sustaiped. Ladies and g?nt;emen, it will the Court that you shall diaregard any and testimony regarding t?is incide?t Ann-Inl- ?ht?m COURT OF COUNTV 20 21 22 24 you talked to had Lmln'atvd me l-'le'mudn about A - ma Q. And when you talked :0 her, you 1nd1caced that YOU :hought that :hat 1nJury had come from your flVE'yeaI" on the bed? A. Yes, ma'anz. 0' Did you at the time that you talked to her, why 51d you tell her that story? Why you tell the detectlve that story? A. Because that's what my son had told me. 0 That's what told you? A Yes, ma'am. Q. Now, had anyone seen _fall on Scooty's leg? A No, ma'am Q. And do you remember how long -- how did it come to be that-- told you he's the one who hurt Scooty? A. Because all that: week he had been jumping on the bed, and I had been him not to jump on his bed. Q, All what week? Sometime in November. A, Q. okay. So you do know it was sometime in November? A. Sometime, yeah, I guess. DISTRICT COURT OF OKLAHOMA COUNTY - OFFICIAL TRANSCRIPT NO, md' am No, ma'am. SO You were about is that correct? A- YES, ma'am. Did you ever ask the defendant, Robert Eraxton, Q. What did he tell you? He said he dldn't know. Q, Prlor to that leg 1njury --A let me ask you something else instead. w1th regard to the rib fractures of what did you tell the detective about that, how that happened? At first I was lying and I told her I didn't know how it happened. And then I had told her that first you told her you didn't know and that you were lying? At Because I didn't know how it happened. I just made DISTRICT COURT OF OKLAHOMA COUNTY - OFFICIAL lie' 0. You said you told her that you it? Yes, I took and I I had put him on the bed, I had I told her that I took - and I threw him on the bed, told hert that's what I had 0' Did you do that? ND. ma'amt Q. You also told this detective that you. after you did that, you told this defendant you did it? I made up the story. I lied. Why were you lying to this detective? A. I didn't know what to say. I had never been questioned before. Q. when you first realized that leg was injured, did you talk about it to the defendant, Braxton? A. Yes] ma'am. Q. How many days before taking hospital, how many days passed I'm 50: over. when you told Robert Braxton, Where was he whe where was he? leg, A. 1 abcut ;o hospltal? Ce days, a week? Can are? :c you Lold ch15 detective :old you the: he's :he one believe that that's your Case; is that correct? lawyer is over next to DISTRICT COURT OF OKLAHOMA COUNTY - OFFICIAL 23 24 25 And you didnv Cause the injury, correct to his Correct. How does he let you know? He was whining when I picked him upl What about when you changed his diaper? Still whined' what about when you put clothes on him? He still whined' what about when you fed him? -when he was whining? A. He still whined. He whined a lot? yes/ ma'am. During that time frame, was the defendant around Yes, ma'am. Would - whine in the presence of chi DISTRICT COURT OF OKLAHOMA COUNTY - 1 detondant? 4 occur 1n the presence of the defendant? what would you 5 be doxng? 6 Au I don understand what you just sad. 7 Q- Did You talk about - leg and why he was 8 Whining With this defendant while he's whlning about it? 9 Yes, ma'am. 10 Q. What you all talk about? 11 A. I asked him, did he know how it happened. how 12 leg get hurt, and he said he didn't know. 13 Q- OkaY' Did you guys ever talk about, oh, we should 14 take him to the hospital? A. Yes, ma'am, we dld. Q. And tell me about that. what did he say about that? What did you guys talk about? A. He told me that just because whenever I talked to my primary provider, he said to put a ice pack on in. Robert sald to wait and just put an ice pack on it to see if it would go down, so that's what I did. I waited to see if it would go down' Now you said that you called your primary care Q. 24 provider; is that right? 25 A. Yes, ma'am- KLAHOMA COUNTY - OFFICIAL DISTRICT COURT 0F 0 a Helmsleycertain clinic? A Mary Mahoney, Would you be to know that there's no record of that call? Q. Okay. So you would be surprised to know that there is no record of that call? A. Yes, ma'am. Q. And would you also be surprised to know that there were records of other times you called in to check on things, like for eczema and things like that. but not about the leg? A. I did call about the leg. I did call about the leg. Q. And you told this defendant that, is that what you're saying? ma'am. A. Yes, did you notice any changes in,h incident, A. No. ma'am- Q. A. .Yea, ma'am~ ml4dlJELI ?1 PH I I. v"hm-Illu- In. L3 . :ix:al_ I inditate tha? -, I HSII CenutEIr ?n ??tobEr 3lat ot~1g dispute that tt MR. RECHARD: Cudg?I I?m 90 UeStion t' ~Iw mwh.un . I . 7? MI HEKLU111 records and :teir ex13ttnce. THE COURT Eta-31:1; that are i MR. ThatIxmarmm;i I I THE COURT: thought that'g t?mat'a not what you ?aid. Sustained? . (gY MS . MARSEE) DO YOU know wha the hospital? I DEL.Ima?am. All I know isthatl her the same?day uh. 25utick?or*treatlngCOURT OF OKLAHOMA Ill-ll Which Chen 6 A. :o the 8 What was wrong her breathing when you took her 9 to the hospital" what caused you Concern' 10 A- She wasn't llke she should be>> 11 0- Okay. So what do you mean by that? 12 A. She would take, like, she would go gasp. and the" 13 she would like breath, and then she would gaspr like 14 that. So I went ahead and took her to the hospitall 15 Q. What was - doing developmentally at that point? I mean, could she sit up on her own? A. No, ma'am. Q. Could she roll over on her own? A. No, ma'am. Q. Was there a particular way that she was normally kept during the day? A. Sometimes I would hold her during the day. How would she be? Have you heard of swaddling a baby do you know what that is? Wrapping it in a blanket? DISTRICT COURT OF OKLAHOMA COUNTY . 0|:me 1 2 3 4 5 5 She would 7 Wh 0 would Swaddle her; 8 A Robert Braxton Jr 9 Did 0 '4 swaddle her, as wellwouldn't take 11 So he' 5 the only one that could make it stayRobert Eraxton, Jr. help you with taking care of 14 - 15 A. Yes, ma'am. 15 Q. He helped feed her? 17 A. Yes, ma'am. 18 Q. He helped change her diapers? 19 A. Here and there. He really didn't like chamgin' 20 diaper. 21 Q. He didn't like changing it? 22 A. Huh--uh. 23 Q. And would he get frustrated when he' 24 her diaper? 25 A. A couple of times. '17? i i. IL 35:1"3'333? "nix[Tglq - if": I: 1? ?1h ?a Wd?a??crt?nn mg I i "He Sometimes 0 ?id I you said 30m when She wage: Screaming th . atli 1 ciiagmer? A Yes ig? Admi?ibj the Screaming bothe63: k363<3?ill?3?3 ilv ffit What would :ijs?to femmiiuar or something. I ix I 1g. lDid you ever hear him say a iwag doing that? irm YES, ma'am. What;c?hijyou hear him sayin 1 . . d?i?g th?t? I He wbuld.sayg Oh, hush. LDid you ?ver hear him tell w-q? u: Ff,? 1e:- r? ma?am. ?glad when he was doing that was going on at that poimqf .. just seen him, he was just :0 at the time that you REE was mimicking the sounde- I - a -1 - Um whub Q'u 'lel Yes, ma'am. what did you tell him? I cold him I didn' Yes, ma'am' Now, after you -- you were telling us a little bit ago about an incident where you had lied and you told Detective Freeman about putting- down on the bed kind of hard. Did you do that? Did you put him down on the bed kind of hard? A- No, ma'am. SCRIPT DISTRICT COURT OF OKLAHOMA COUNTY - OFFICIAL TRAN when was that? when I J. So what called home and who did you talk to? talked to Robert I And what did you tel . I told him, I asked E'fractured ribs, when you told him, DISTRICT COURT OF OKLA was at the hospital and I found out that -- ribs were fractured. He said he was wonderin did you do when you found that out? 1 him? him did he know that -had and he said he did not know nothing about 9 how it happene'i- we've got to id You say, man. HOMA COUNTY - OFFICIAL TRANSCRIPT find out Who did th- ls was probably eight. No, ma'am, DO you 0 guys' y?u kno pol1ce about all the 0th I start it? er Deeple I believe, I think I 1d 0' you think you dida Yes, ma.am So A I believe that I correct? Yes, ma'am. How old are these little cous I believe one was ten at the ins? time, and the other one I'm not for sure. What did you see them do that you think caused injuries? They were always playing with them. Playing how? Like kies flp?; Yes, ma'am. So tell us him, So when he would breath, 1t wouldn't cause trOmele, wouldn't cause him pain? He didn't ry out? No, ma'am, I didn't know, Did the defendant help take care of at Was he getting him dressed during . the: point? Cue day, taking him to the bathroom, feeding hlm, changing his diaper? A- Yes, ma . During that time frame after- was born, did the . defendant help feed her? Yes, ma am- 0' Cloth her? A. Yes I ma am' HOMACOU DISTRICT COU "5 that :ms X3, "Ja am, I you leave her alone w1th this defendant durlng :wsiand-a-half months of her life? 715 am. often did you leave her alone him? a lot mean to you? I don't know what that oes A: least: mor ou would leave her alone ere would You go When out with my friends. Went go s;nce she was a caretaker, wouldn't it before 55:: important to tell Lorre Freeman about her? Yes, ma'am. But you didn't? No, ma'am. remember that this Shawn person took YO So when did TRANSCRIPT DISTRICT COURT OF OKLAHOMA COUNTY - 2w," Iwn and yew, ma 'dm_ After all of this film e? v3 LO think abQUt it "an, .'eopls, Correct, A. Yes, ma'am' of them? Sometimes she would take her home wculd Just take come for- e. After she would take Care of the kids, and sometlmes she did the kids ever act like they were in pain, cry when you changed their dlaper, or when you moved their legs, anything like No, ma'am' 9 BUC you don't remember when the last time was. No ma'am. east a month at: o. If YOU told the detectlve 1: was AL TRANSCRIPT A GOUNTV . OFFICI DISTRICT COURT OF OKLAHO .r-l-l .I I I I I .I.IJI I-..Ir.lirll? nu. -I- mg alli'31: 'l I'Ihd (37 ll-? 8 "if" r" l- I- 'i ?1 .44And?hu-ull1-1 Ike- 1 1- .r an; 9 L..- in; at time Lint" (him-J: fill-F II-I 1'1 ('31 3 a Eff ability E: i. If i? Nn' V5 'am_ Iw you havp so" IE {on to re A. Yes, ma'am_ 0' HOW do we believe aHYthing y0u've testified to today? MR. RICHARD: Judge, I think 1t's argumentative. THE COURT: Overruled, THE WITNESS: Because I'm under oath. Q. (BY MSI MARSEE) You're under oath? A- Yes, ma'amI Q, You were under oath when you pled guilty, weren't You? A- Yes, ma'am. 0' You walked up in front of this Judge and you raise ruth, didn't YOU. the I: your hand and you swore to tell UNTV - OFFICIAL TRANSCRIPT A CD DISTRICT COURT OF OKLAHOM ii aa?i .Iwk i: I l l I COURT: hands raised. and then the jury will .Wilm"pl" The wi tness exits the cour?? 5 a 0:11 ion appl ieeget out 14. morning recess at this time 18 15 316 n4. .rll - - :dll .l 1.. I .IFI cu. .. I . I5 11.! lu?l. II. it .nillh?llih .IWIW . -.-. - llam [/Ibizh?le Vibra?Tondalo H311 :3 of .1 he ial SQ Pepe 1'16: leW=C . stimonv FEE: t. 6? A .II.II. II. I .1ll. n5 .. m.iiln 1 I'.25 Ill1.11. . ITIL .1 .I.ufrILdill.1. rt.1..- . ...I-