Courtney Washburn Testimony

787
1
THE WITNESS:
2
MR. BROOKLIER:
3
OKAY.
THANK YOU SO MUCH.
THE DEFENSE CALLS COURTNEY
WASHBURN.
THE COURT:
4
WALK ACROSS THE ROOM THERE AND
5
STEP THROUGH THAT GATE AND JUST STAND NEXT TO OUR
6
COURT REPORTER HERE.
7
8
I'D
LIKE YOU TO THEN FACE THE CLERK
AND RAISE YOUR RIGHT HAND TO BE SWORN.
THE WITNESS:
9
THE CLERK:
10
(WITNESS COMPLIES)
YOU DO SOLEMNLY STATE THE
11
TESTIMONY YOU ARE ABOUT TO GIVE IN THE CAUSE NOW
12
PENDING BEFORE THIS COURT SHALL BE THE TRUTH, THE
13
WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU
14
GOD?
15
THE WITNESS:
16
THE CLERK:
SIR.
THANK YOU.
PLEASE BE SEATED.
17
18
THE WITNESS:
19
THE CLERK:
20
YES,
FIRST
(WITNESS COMPLIES)
PLEASE STATE AND THEN SPELL YOUR
AND LAST NAME.
THE WITNESS:
21
22
C-O-U-R-T-N-E-Y.
23
W-A-S-H-B-U-R-N.
LAST NAME WASHBURN,
THE COURT:
24
MY NAME IS COURTNEY,
ALL RIGHT.
AND YOU MAY INQUIRE.
25
MR. BROOKLIER:
26
27
III
28
III
THANK YOU.
788
COURTNEY WASHBURN,
1
2
HAVING BEEN FIRST
DULY SWORN,
3
WAS EXAMINED AND TESTIFIED
4
AS FOLLOWS:
5
DIRECT EXAMINATION
6
7
8
BY MR. BROOKLIER:
9
Q
WHAT AREA DO YOU NOW LIVE IN?
10
A
I CURRENTLY LIVE IN DENVER,
12
Q
WHAT DO YOU DO THERE?
13
A
I'M A PASTRY CHEF FULL TIME.
14
Q
OKAY.
11
COLORADO.
AND PRIOR --
15
16
WHEN DID YOU MOVE TO
DENVER?
A
ABOUT FIVE YEARS, ALMOST SIX YEARS
19
Q
AND BEFORE THEN WHERE DID YOU LIVE?
20
A
I LIVED IN LOS ANGELES, CALIFORNIA.
21
Q
DO YOU KNOWFRANCIS SHIVERS?
22
A
YES,
23
Q
DO YOU SEE HIM IN THE COURT HERE?
24
A
YES.
25
Q
DESCRIBE WHERE HE IS AND WHAT HE'S
A
THAT'S
17
18
26
27
28
AGO.
SIR.
WEARING.
SUIT WITH THE BLACK HAIR.
HIM OVER THERE IN THE BLACK
789
1
MR. BROOKLIER:
2
THE COURT:
3
SHE'S
IDENTIFIED
Q
WHEN DID YOU FIRST
A
ABOUT NINE,
7
Q
AND DID YOU HAVE --
RELATIONSHIP
9
10
COME TO KNOW
FRANCIS SHIVERS?
6
8
THE DEFENDANT.
BY MR. BROOKLIER:
4
5
FOR THE RECORD --
DID YOU HAVE A
WE WERE IN A RELATIONSHIP
TOGETHER
SHORTLY AFTER WE MET, YES.
Q
11
YEARS AGO.
WITH HIM?
A
WHEN --
ALMOST TEN,
OKAY.
12
WAS THIS AFTER HE --
DO YOU KNOW
13
HIS EX-WIFE
14
A
YES,
15
Q
WAS THIS AFTER HE AND PAULEY
16
PERRETTE SPLIT
17
18
PAULEY PERRETTE?
UP?
A
THEY HAD BEEN SPLIT
UP.
HOWEVER,
THE DIVORCE WAS NOT ACTIVE AT THE TIME.
Q
19
20
21
I DO.
ALL RIGHT.
DID THERE COME A TIME WHEN YOU WERE
AT MR. SHIVERS'
HOME WHEN PAULEY PERRETTE SHOWED UP?
22
A
YES,
23
Q
AND WHEN WAS THAT?
24
A
ON MULTIPLE OCCASIONS.
25
SIR.
BUT THE FIRST TIME I INTERACTED
26
WITH HER WAS SHORTLY BEFORE THE DIVORCE COURT --
27
WAIT.
28
MAYBE A WEEK BEFOREHAND.
I'M
SORRY.
THE DIVORCE WAS FILED BY HIM ABOUT
1
Q
SO HE FILED THE DIVORCE?
2
A
YES.
3
Q
HE WAS THE PETITIONER?
4
MS. GERTZ:
5
MR. BROOKLIER:
6
SHE'S
OBJECTION.
IN THE STIPULATION
MS. GERTZ:
8
MR. BROOKLIER:
NO, IT ISN'T.
YES.
HE HAD --
HE SAID HE
WAS THE PETITIONER.
10
MS. GERTZ:
OKAY.
11
THE COURT:
WITHDRAWN?
12
MS. GERTZ:
WITHDRAWN.
13
THE COURT:
OKAY.
SORRY.
WITHDRAWN.
14
SOMETHING CAME TO MIND.
15
CAN YOU GIVE US LIKE THE YEAR,
16
PLEASE.
17
MR. BROOKLIER:
18
THE COURT:
19
THAT
JUST READ TO THE JURY.
7
9
IT'S
NO FOUNDATION.
I WAS GETTING --
HANG ON.
BY MR. BROOKLIER:
20
Q
WHAT YEAR WAS THAT?
21
A
2004.
22
Q
ALL RIGHT.
AND THE FIRST TIME THAT YOU HAD THE
23
24
FIRST
OCCASION TO MEET PAULEY PERRETTE YOU WERE
25
WITH MR. SHIVERS.
TELL THE JURY WHAT HAPPENED.
26
27
A
SHE ARRIVED AT THE RESIDENCE.
28
Q
WHAT TIME WAS IT?
791
1
A
IT WAS LATE AT NIGHT.
2
CLOSE TO BAR HOUR TIME,
3
DON'T RECALL. IT'S
IF YOU WILL.
PROBABLY
DARK OUT.
I
SO MANYYEARSAGO.
4
SHE APPROACHED THE HOUSE THROUGH
5
THE BACK AND WAS IN WHATWAS LIKE A COURTYARDIN THE
6
BACK.
SHE WAS BELLIGERENT AND --
7
MS. GERTZ:
OBJECTION.
8
THE COURT:
YES.
9
MS. GERTZ:
CALLS FOR SEVERAL THINGS.
10
THE COURT:
WELL, SHE WAS --
II
MS. GERTZ:
CONCLUSIONS AND IT'S
12
A
NARRATIVE.
13
MR . BROOKLIER:
14
THE COURT:
OKAY.
SHE WAS BELLIGERENT.
15
YOU ARE NOT TO CONSIDER THAT
16
STATEMENT I N REACHING A VERDICT I N THIS MATTER.
17
MR. BROOKLIER:
OKAY.
18
Q
DID YOU HEAR HER SAY ANYTHING?
19
A
YES.
20
Q
WHAT DID SHE SAY?
21
A
SHE CALLED ME A SLUT AND A WHORE
22
AND SAID THAT IF COYOTE PROCEEDED WITH THE DIVORCE
23
PROCEEDINGS SHE WOULDBE --
24
HIM.
WOULDGO STAR CRAZY ON
25
Q
DID YOU KNOWWHAT THAT MEANT?
26
A
NO, NOT AT THE TIME.
27
28
HOWEVER, IT
CAME TO MY KNOWLEDGETHAT -MS. GERTZ :
OBJEC TION .
NONRESPONSIVE.
792
THE COURT:
1
2
SUSTAINED.
SUSTAINED.
BY MR. BROOKLIER:
Q
DID YOU KNOWWHAT THAT MEANT AT THE
5
A
NO, NOT AT THE TIME.
6
Q
OKAY.
3
4
TIME?
DID ANYBODYCALL THE POLICE?
7
8
9
POSSIBLY
HER AT THE TIME.
LIKE I SAID,
10
11
SIGNIFICANTLY
12
ACTION.
13
NOT THAT I'M AWARE OF.
A
IT WAS SO
LONG AGO THAT I DON'T RECALL THE
I DO RECALL HOW I FELT.
Q
OKAY.
DID THE POLICE ARRIVE?
14
15
A
TO MY UNDERSTANDING, YES.
16
Q
WERE YOU THERE --
17
A
NO.
18
Q
--
19
A
NO.
20
Q
WERE YOU EVER THERE WHEN THE POLICE
WHEN THE POLICE ARRIVED?
21
ARRIVED AFTER AN EVENT BETWEEN PAULEY PERRETTE AND
22
MR. SHIVERS?
23
A
YES.
24
Q
WHEN DID THAT HAPPEN?
25
A
SHORTLY AFTER HE FILED FOR DIVORCE
26
SHE SHOWEDUP ON THE PROPERTY WITH A FRIEND OF HERS
27
AND IN AN ATTEMPT TO SERVE HIM FIRST,
28
AND CREATED A VERY LARGE SCENE ON THE PROPERTY.
IF YOU WILL,
SHE
793
1
WAS THREATENING ME AND HIM WITH PHYSICAL VIOLENCE.
2
WHEN THE POLICE SHOWEDUP SHE
3
IMMEDIATELY TURNED TO TEARS AND SCREAMEDABOUT SHE
4
WAS HELPLESS AND --
5
6
7
MS. GERTZ:
YOUR HONOR, MAY WE APPROACH,
THE COURT:
SURE.
PLEASE?
8
9
(SIDEBAR OUTSIDE THE
10
PRESENCE OF THE JURY)
11
12
MS. GERTZ:
HERE IS THE
13
REASON WHY I ASKED FOR THE SIDE
14
BAR.
15
COUNSEL HAD STATED
16
BEFORE THE NOON HOUR THAT HE WAS
17
GOING --
THAT THE PURPOSE OF THIS
18
WITNESS'
TESTIMONY WAS TO IMPEACH
19
THE VICTIM'S
20
CRAZY.
21
TESTIMONY ABOUT STAR
I THINK SHE'S
AND NOWWE --
ALREADY
22
DONE THAT.
IT
23
APPEARS THAT WE ARE GOING SLIGHTLY
24
FURTHER AFIELD OF THAT AND --
25
THE COURT:
26
ASKING FOR AN OFFER OF PROOF?
27
MS. GERTZ:
28
MR. BROOKLIER:
ARE YOU
YOU BET.
HERE'S
794
1
THE TRUTH.
2
I DON'T REALLY KNOW
3
IF --
I CAN'T REMEMBER IF
4
GOING TO SAY HE THREATENED HER WITH
5
STAR CRAZY.
7
10
MR. BROOKLIER:
THAT --
SHE SAID
I DON'T KNOW IF
TO SAY IT AGAIN.
SHE'S
WHY DID YOU
ASK HER ABOUT THE SECOND EVENT?
MR. BROOKLIER:
13
14
SHE'S
15
ABSOLUTELY --
GOING TO SAY IT,
THE COURT:
16
I THINK
BUT I'M
NOT
SHE JUST
17
TALKED ABOUT PHYSICAL-WISE
18
NOW AND PHYSICAL ABUSE.
19
THIS
RIGHT
AND AT
-MS. GERTZ:
20
UNLESS --
21
WOULD ASK THAT THAT ALL BE
22
STRICKEN.
THE COURT:
23
24
GOING
I DON'T REMEMBER.
THE COURT:
11
12
SHE ALREADY
SAID THAT.
8
9
SHE THREATENED HIM.
THE COURT:
6
SHE'S
I
I DON'T WANT
JURORS TO HAVE TO LEAVE THE ROOM.
DO YOU WANT HER TO
25
26
COME IN HERE, AND YOU WANT TO ASK
27
HER,
28
WITH IT ?
FIND OUT WHERE SHE'S
GOING
795
MR. BROOKLIER:
1
2
I CAN
APPROACH HER RIGHT NOW.
3
(BRIEF
4
PAUSE)
(WITNESS JOINS
5
SIDEBAR)
6
7
MR. BROOKLIER:
THE
8
SECOND TIME WE'RE TALKING ABOUT
9
NOW --
YOU ALREADY TALKED ABOUT
10
STAR CRAZY, STAR CRAZY, THE FIRST
11
ENCOUNTER.
THE SECOND ONE IS
12
13
WHEN SHE SHOWED UP WITH A FRIEND,
14
AS YOU SAID,
15
HIM FIRST.
WAS STAR CRAZY
16
17
ATTEMPTING TO SERVE
MENTIONED AT THAT POINT?
THE WITNESS:
18
I DON'T
19
RECALL THE COMMUNICATION.
SHE WAS
20
REAL, REAL LOUD AND REAL,
21
VIOLENT,
22
THE DOORS AND MAKING A LOT OF
23
THREATS TO LET HER IN.
REAL
BANGING ON THE WINDOWS AND
AND IT WAS A
24
25
COMMOTION.
I WAS UPSTAIRS
AT SOME
26
POINT AND KIND OF JUST KEEPING
27
AWAY.
AND WHEN THE POLICE ARRIVED
28
THAT'S
WHEN I CAME BACK DOWN.
796
MR. BROOKLIER:
1
DO YOU
2
HAVE A SPECIFIC
3
SECONDTIME HER MENTIONOF STAR
4
CRAZY?
RECOLLECTION ON THE
5
THE WITNESS:
6
HER MENTION IT TWICE.
7
IF
8
BUT SHE'S
9
PRESENCE.
I'VE
HEARD
I DON'T KNOW
IT WAS THAT PARTICULAR OCCASION.
MENTIONED IT TWICE IN MY
SO...
MR. BROOKLIER:
10
WERE
11
THERE OTHER TIMES SHE CAME OVER AND
12
THE SAME KIND OF THINGS HAPPENED?
13
THE WITNESS:
14
MR. BROOKLIER:
15
THREE
TIMES?
THE WITNESS:
16
17
YES.
THREE TIMES
TOTAL.
MR. BROOKLIER:
18
THE
19
SECOND OR THIRD TIME THAT SHE
20
MENTIONED STAR CRAZY?
21
THE WITNESS:
22
MR. BROOKLIER:
23
YES.
SHE SAID
"STAR CRAZY ON HIM"?
24
THE COURT:
25
CLEARLY "STAR CRAZY ON HIM"?
MR. BROOKLIER:
26
27
28
SHE INDICATED
WHERE I'M
THAT'S
GOING.
MS. GERTZ:
I MOVE TO
797
1
STRIKE
THE TESTIMONY ABOUT
2
THE COURT:
NO, NO, NO.
3
4
NOW I'M
YOU TO RETURN TO YOUR SEAT.
MR. BROOKLIER:
5
6
GOING TO ASK
THANK
YOU.
7
(WITNESS LEAVES
8
THE SIDEBAR)
9
10
11
12
THE COURT:
WHAT'S YOUR
MS. GERTZ:
WELL, AS TO
OBJECTION?
13
14
THE PARTICULAR INCIDENT
15
TESTIFYING
16
SHE DOESN'T
17
STATEMENT WAS MADE.
THAT SHE'S
TO RIGHT NOW, SHE SAID
REMEMBER IF
--
IT SEEMS LIKE
18
IF
THAT
SHE'S
19
PRETTY VAGUE ON HER TIMES.
20
THINK --
21
ALLOW HER TO TESTIFY
22
STATEMENT WAS MADE TWICE THAT SHE
23
CAN REMEMBER, THEN I THINK THAT'S
24
GOOD ENOUGH.
28
THAT THAT
OKAY.
WHAT DO YOU WANT TO
26
27
IF THE COURT WANTS TO
THE COURT:
25
I
DO?
MR. BROOKLIER:
I THINK
798
1
JUST WHAT SHE SAID WAS WHERE I WAS
2
GOING.
3
LITTLE
THAT'S
CONFUSED.
THE COURT:
4
5
WHY I THINK I WAS A
EXCUSE ME FOR
INTERRUPTING.
YOU ARE GOING JUST TO
6
7
THE BEAR STATEMENT "STAR CRAZY,"
8
ARE YOU?
MR. BROOKLIER:
9
10
THE COURT:
BIAS.
ARE YOU
11
TRYING TO SHOW THAT SHE WAS ALSO
12
ABOUT THE TIME OF THE DIVORCE ALSO
13
VERBALLY AND PHYSICALLY ABUSIVE?
14
MR. BROOKLIER:
YES,
YOUR
15
HONOR, BECAUSE I THINK THAT GOES TO
16
BIAS.
THE COURT:
17
18
HERE'S
DEAL.
WELL, WE HAVE --
19
20
CONCERNED BECAUSE WE HAVE --
21
TERMS OF MY POSITION
22
THIS
23
CONDUCT IN THIS CASE,
24
SUPPOSED TO --
2S
CONSIDER ON THE ISSUE
26
THE
I'M
IN
OF KEEPING
OUT, WE DO HAVE ANOTHER ACT,
THAT IS
THE JURY MAY
OF INTENT.
AND THERE HAS BEEN
27
REFERENCE TO A BITTER
DIVORCE AND
28
REFERENCES THAT SHE JUST MADE TO
799
1
BANGING ON THE WINDOWS AND BEING
2
VERY AGITATED.
3
IT DOES SUPPORT THAT
4
THIS WAS A BITTER DIV ORCE.
IT ALSO
5
SUPPORTS THAT SHE WAS AGGRESSIVE AS
6
WELL.
I DON'T FEEL
7
8
LIKE --
9
SANITIZE
I DON'T FEEL IT'S
RIGHT TO
THAT OTHER PERSPE CTIVE.
10
DON'T THINK THAT THAT'S
11
I' M NOT I NCLI NED TO DO THAT.
12
FAIR.
IT DOESN'T
I
SO
SEEM LI KE
13
YOU ARE SAYING THAT THAT'S
14
SOMETHING I SHOULD DO, BUT
15
I' LL LET YOU SPEAK AS SOON AS I'M
16
DONE.
BUT
17
AND THEN THE I SSUE OF
18
WHETHER SHE SAID "STAR CRAZY" MORE
19
THAN ONCE, OBVIOUSLY STAR CRAZY I S
20
THAT SHE CREATED A FI CTIONAL
21
CHARACTER .
22
AND THE WHOLE POINT
23
IS THAT SHE'S
24
JUR Y THAT' S WHAT SHE'S
25
WHAT --
26
FI CTION,
THAT SHE'S
TELLING,
PRONE TO
ES SENTIALLY.
AND, YOU KNOW,
27
28
GOING TO TELL THIS
I T' S --
THERE ARE SOME --
THERE ARE
1
SOME COMMONAL I TY IN TERMS OF THINGS
2
THAT SHE WROTE IN THAT STORY.
3
SO WHAT IS
4
YOUR
5
THI S TIME?
EXACTLY THE OBJECTION
MS. GERTZ:
6
AT
WELL, STILL
7
ABOUT THIS
8
BECAUSE,
9
INFORMED BEFORE THAT THE PURPOSE OF
10
HER TESTIMONY WAS TO TALK ABOUT THE
11
STAR CRAZY INCIDENTS
12
PARTICULAR
13
THE MIDDLE OF RIGHT NOW.
14
DI DN'T
LIKE
I SAID,
INCIDENT
I WAS
--
THIS
THAT WE'RE
IN
THAT
HAPPEN.
THE COURT:
15
16
PART I CULAR IN CIDENT
YOU HAVE NO
DISCOVERY OF THAT?
17
MR. BROOKLIER:
18
THE COURT :
WELL
NOW THAT YOU
19
DON'T
20
KNOW WHERE YOU ARE GOING WITH IT
21
HOW --
22
23
HAVE THE DISC OVERY AND YOU
MS. GERTZ:
HAVE TO CROSS-EXAMINE
24
THE COURT :
25
YOU --
I GUESS I'LL
ON IT.
I T ' S FI NE.
YOU HAD NOTICE
26
OF THE WITNESS.
27
EX-GIRLFRIE
28
WHAT TO DO IN TERMS OF WHETHER
ND.
YOU KNOW SHE'S
OBVI OUSLY,
AN
YOU KNOW
1
SHE'S
REMEMBERING THIS AS IT REALLY
2
HAPPENED.
3
BUT IF YOU HAVE ANY
4
PARTICULAR OBJECTION TO ANY OF
5
THE --
6
JUST HEARING IT FOR THE FIRST
ANYTHING I'VE
7
SAID --
I'M
TIME.
DO YOU HAVE SOME
8
OTHER --
9
MS. GERTZ:
I THINK --
10
THE COURT:
YOU'LL GO
11
AHEAD AND WITHDRAW FOR NOW?
12
MS. GERTZ:
13
YEAH.
YOU KNOWWHAT?
14
FINE.
15
CAN GO WITH IT.
16
IT'S
FINE.
THE COURT:
17
IT'S
I KNOW WHERE I
OKAY.
GREAT.
WHO AM I TO SAY?
18
19
(IN OPEN COURT)
20
21
THE COURT:
22
WITNESS STAND.
23
BY MR. BROOKLIER:
Q
24
25
MS. WASHBURN IS SEATED AT THE
MS. WASHBURN, THE SECOND EVENT YOU
WERE JUST TALKING ABOUT, TELL US WHAT HAPPENED AGAIN.
26
A
FRANCIS AND I WERE HOME FOR THE
27
EVENING,
AND PAULEY SHOWED UP AT THE HOUSE IN THE
28
BACKYARD, THE SAME PLACE THAT SHE CAME THE FIRST
802
1
TIME.
2
3
SHE WAS TRYING TO PRY THE KITCHEN
WINDOWOPEN WITH A DOGSCOOPERFOR FECES.
4
AND WHEN SHE REALIZED THAT WE WERE
5
ON THE PROPERTY, SHE PROCEEDED TO BANG ON THE WINDOWS
6
AND SCREAM AT THE TOP OF HER LUNGS THAT I WAS A WHORE
7
AND A SLUT AND I DIDN'T BELONG IN HER HOUSE AND I
8
BETTER GET OUT OTHERWISE SHE'LL
9
COME AFTER ME.
SHE SCREAMED TO LET --
TO LET
10
FRANCIS TO LET HER INTO THE HOUSE.
SHE WAS VERY,
11
VERY VIOLENT AND VERY FRIGHTENING.
AND SHE AT SOME
12
POINT --
13
POLICE DEPARTMENT --
14
MS. GERTZ:
OBJECTION.
15
THE COURT:
SUSTAINED.
16
EITHER SOMEBODY, NOT US, CONTACTED THE
NO FOUNDATION.
BY MR. BROOKLIER:
17
Q
DID THE POLICE SHOW UP?
18
A
THE POLICE DID SHOW UP.
19
Q
WHATWAS HER DEMEANORWHENTHE
20
POLICE SHOWEDUP?
21
A
SHE WENT FROM BEING VERY LOUD AND
22
BANGING ON THINGS TO IMMEDIATELY CRYING AND HELPLESS.
23
SHE SAID THAT SHE WAS AFRAID FOR HER LIFE,
24
WOULDN'T LET HER IN THE HOUSE.
25
CRYING.
26
THAT WE
SHE WAS HYSTERICALLY
AND THIS WAS --
SHE WENT LITERALLY
27
FROM POINT A TO POINT B IN LESS THAN ONE SECOND WHEN
28
SHE REALIZED THAT THE POLI CE WERE OUTSID E .
803
1
2
Q
WAS THERE A THIRD TIME WHEN
SOMETHING SIMILAR HAPPENED?
3
A
YES.
4
Q
AND WHEN WAS THAT?
5
A
IT WAS A PHOTOGRAPHY EVENT THAT
6
FRANCIS AND I ATTENDED.
7
OF SCENE PUBLICLY AND MADE MORE THREATS AND
8
ACCUSATIONS.
9
WERE UNFOUNDED, AND WE LEFT THE SCENE.
10
Q
AND SHE CAUSED THE SAME SORT
SHE CALLED ME VERY VILE THINGS THAT
NOW, THE FIRST
EVENT YOU SAID SHE
11
TOLD FRANCIS SHE WAS GOING TO GO STAR CRAZY ON HIM,
12
RIGHT?
13
A
YES.
14
Q
DID SHE MENTION STAR CRAZY AGAIN --
IS
A
SHE
16
Q
HANG ON A SECOND.
17
--
18
OR THIRD EVENT OR --
19
A
DURING THE COURSE OF THE SECOND
IF YOU KNOW?
IN THE SECOND EVENT IN THE BACKYARD
20
OF THE HOUSE WHILE SHE WAS BANGING MENTIONED STAR
21
CRAZE AGAIN.
22
Q
23
MR. BROOKLIER:
24
THANK YOU VERY MUCH.
NO FURTHER QUESTIONS.
ONE MOMENT.
25
26
(BRIEF
PAUSE)
27
28
MR. BROOKLIER:
THANK YOU, YOUR HONOR.
8 04
THE COURT:
1
CROSS EXAMINATION?
2
3
MS. GERTZ:
4
THANK YOU.
DID YOU PREMARK YOUR EXHIBIT?
5
6
ALL RIGHT.
MR. BROOKLIER:
WHEN I SAID --
PROBABLY MARKED IT AS I WAS MARKING --
7
RECEIPT
9
DEFENSE G IS THE GOOGLE MAP.
THAT MY CLIENT'S
THE COURT:
10
USED AT ONE POINT?
MR. BROOKLIER:
13
THE COURT:
14
MR. BROOKLIER:
I USED A PHOTOCOPY BECAUSE I
COULDN'T FIND THE ORIGINAL,
THE COURT:
17
MR. BROOKLIER:
YOUR CLERK,
IF
BUT I DO --
YOU WANT TO MARK THE ORIGINAL?
I JUST DID AND I'LL
APPROACH
I MAY.
THE COURT :
19
20
PHOTOCOPY OF THE GOOGLE MAP?
NO, NO.
16
18
WIFE TALKED ABOUT.
IS THERE A PHOTOCOPY THAT YOU
12
15
YEAH.
DEFENSE F IS THE PARKING LOT
8
11
PREVIOUSLY I
THAT'S
H AND SHE USED G, THE
MAP.
GO AHEAD.
21
22
CROSS EXAMINATION
23
24
25
BY MS. GERTZ:
26
Q
GOOD AFTERNOON, MS.
WASHBURN.
27
A
GOOD AFTERNOON.
28
Q
MS. WASHBURN, WHEN DID YOU
805
1
MEET --
YOU SEEM TO SORT OF WAFFLE BETWEEN CALLING
2
THE DEFENDANT COYOTE OR FRANCIS WHEN YOU FIRST
3
HIM.
4
MET
HOW DID YOU KNOWHIM?
5
A
FRANCIS COYOTE SHIVERS.
6
Q
WHEN YOU LIVED TOGETHER WHAT DID
7
YOU COMMONLYCALL HIM, THE DEFENDANT?
8
A
I MEAN BETWEEN BOTH OF THEM.
9
Q
THAT'S WHAT CAME OUT OF YOUR MOUTH
10
11
12
13
THE FIRST
SEVERAL TIMES HERE; IS THAT CORRECT?
A
HOWEVER, I'M
I'M
COMMONLY CALLING HIM COYOTE.
NOT OPPOSED TO CALLING HIM BY FRANCIS.
Q
ALL RIGHT.
AND HOW LONG AGO DID YOU MEET?
14
15
A
IN 2004
16
Q
AND HOW LONG DID YOU HAVE A
17
18
19
ABOUT THE MID YEAR MAYBE.
RELATI ONSHIP?
A
ANYWHEREBETWEEN SIX MONTHS TO A
YEAR, IF YOU WILL.
20
Q
YOU DON'T REMEMBEREXACTLY?
21
A
IT WAS NINE YEARS AGO.
22
Q
SO YOU DON'T REMEMBEREXACTLY?
THAT'S
23
THE ANSWER?
24
A
YES, MA'AM.
25
Q
NOW, WHEN YOU FIRST MET HIM, WHERE
26
WERE YOU LIVIN G?
27
A
I LIVED IN TOLUCA LAKE.
28
Q
AND AFTER YOU BEGAN YOUR
80 6
1
RELATIONSHIP
DID YOU MOVE IN WITH HIM?
2
A
NO, MA'AM.
3
Q
DID YOU EVER LIVE WITH HIM?
4
A
NO, MA'AM.
5
Q
SO WHEN YOU WENT TO WHAT YOU CALLED
6
HIM --
HIS
HOME, DID YOU EVER SPEND THE NIGHT?
7
A
YES,
8
Q
OKAY.
AND THAT HOME WAS THAT ON WHITLEY
9
10
MA'AM.
TERRACE?
11
A
YES,
12
Q
AND YOU KNOW THAT THAT WASN'T
13
REALLY HIS HOUSE LEGALLY,
14
A
15
MR. BROOKLIER:
DON'T YOU?
I' M NOT AWARE.
OBJECTION,
YOUR HONOR.
IRRELEVANT.
16
THE COURT:
17
18
MA'AM.
OVERRULED.
BY MS. GERTZ:
19
Q
WERE YOU AWARE OF THAT?
20
A
NO, AT THE TIME.
21
Q
SO HE TOLD YOU THAT IT WAS HIS
A
I DON'T THINK IT WAS EVER CLEAR AS
22
HOUSE?
23
24
TO WHETHER OR NOT IT WAS HIS OR NOT.
25
Q
DID HE TELL YOU IT WAS HIS HOUSE?
26
A
I DON'T THIN K IT EVER CAME UP ,
Q
SO YOU ASS UMED IT WAS HIS HOUSE ?
27
28
MA'AM.
1
A
YES.
2
Q
AT THE TIME --
DURING THE TIMES
3
THAT YOU WERE THERE ALL OF THESE THREE INCIDENTS
4
YOU REFERRED TO,
5
IS THAT CORRECT?
THEY ALL OCCURRED ALLEGEDLY IN 2004;
6
A
BETWEEN 2004
7
Q
NOW --
8
RELATIONSHIP
9
MS. PERRETTE;
WITH HIM,
IS
THAT
AND EARLY 2005.
BUT WHEN YOU BEGAN TO HAVE A
HE WAS ALREADY SEPARATED FROM
THAT CORRECT?
10
A
YES,
11
Q
AND YOU KNEW WHO SHE WAS BECAUSE
12
SHE WAS AN ACTRESS,
13
A
14
Q
16
20
KNOW WHO SHE WAS.
OKAY.
IN TIME YOU CAME
TO KNOW WHO SHE WAS; IS THAT CORRECT?
A
FINGER.
SHE WAS POKING MY CHEST WITH HER
I DID
Q
OKAY.
THERE WAS A TIME THAT YOU SAID THAT
21
22
NO.
BUT AT SOME POINT
18
19
RIGHT?
ACTUALLY I DIDN'T
15
17
MA'AM.
SHE CAME WITH SOMEBODY ELSE;
IS THAT CORRECT?
23
A
YES,
24
Q
THAT WAS THAT SECOND INCIDENT
25
MA'AM.
THAT
YOU REFERRED TO?
26
A
YES,
MA'AM.
27
Q
DID YOU KNOW THAT OTHER PERSON?
28
A
NO, MA'AM.
808
1
Q
DID YOU KNOW HIM?
HIS NAME IS MATTHEW SANDUSKY.
2
3
A
NO.
4
Q
DID YOU KNOW THAT HE WAS THERE TO
5
SERVE COURT PAPERS ON THE DEFENDANT?
A
6
7
CAME IT CAME TO LIGHT THAT THAT WAS HAPPENING.
8
9
I DO ONLY BECAUSE WHEN THE POLICE
Q
DO YOU --
WERE YOU IN THE HOUSE
WHEN THEY ARRIVED ORIGINALLY BEFORE THE POLI CE CAME?
A
Q
CORRECT?
13
A
I AM NOT POSITIVE
14
Q
DID YOU HEAR A DOORBELL RING?
15
A
I DON'T
16
Q
DID YOU HEAR ANYBODY KNOCKING ON
18
A
I KNEW THAT HE APPROACHED THE DOOR.
19
Q
DID YOU SEE HIM APPROACH THE DOOR?
20
A
I HEARD HIM APPROACH THE DOOR.
21
Q
AND WHEN YOU WERE IN THE HOUSE AT
17
22
ON THAT.
REMEMBER.
THE DOOR?
THAT TIME,
WAS THERE ANYTHING UNUSUAL ON THE WINDOWS?
23
A
NO.
24
Q
THE WINDOWS WEREN'T COVERED UP WITH
26
A
NO.
27
Q
NO.
25
28
PAPER?
OKAY.
AND NOTHING WAS BOARDED UP I N THE
809
1
HOUSE?
2
A
NOT TO MY RECOLLECTION,
3
Q
YOU HAD A DOG THERE?
4
A
YES,
5
Q
THAT WAS YOUR DOG?
6
A
YES,
7
Q
NOW, AT THE --
8
SOMEBODY
MA'AM.
MA'AM.
AT THIS
TIME
AT THAT TIME DID THE POLICE ARRIVE?
BECAUSE SOMEBODY OBVIOUSLY CALLED,
9
10
NO.
CORRECT?
11
A
YES,
12
Q
AND WERE YOU IN THE HOUSE WHEN THE
13
MA'AM.
POLICE ARRIVED?
14
A
YES,
IS
Q
AND WERE YOU IN CONTACT WITH THE
16
MA'AM.
POLICE WHEN THEY ARRIVED?
17
A
YES,
MA'AM.
18
Q
AFTER THE POLICE
ARRIVED DID YOU
19
HEAR THE DEFENDANT CALL SOMEBODY ON THE TELEPHONE AND
20
YELL AT THEM THAT HE UNLOCKED THE BACK DOOR?
21
A
NO.
22
Q
THAT DIDN'T
24
A
I DIDN'T
25
Q
DID YOU EVER HEAR HIM TELL SOMEBODY
23
26
27
28
HAPPEN OR YOU DIDN'T
HEAR IT?
HEAR IT.
ON THE PHONE THAT HE WAS LEAVING?
A
NO.
I DIDN'T
--
I REALLY WASN'T PARTY
Q
3
DOOR?
4
A
NO.
5
Q
WHEN THE POLICE ARRIVED ISN'T
6
TRUE THAT YOU WERE SITTING
7
CAMERA?
8
A
YES.
9
Q
OKAY.
10
11
ANYTHING?
A
OR DIDN'T
14
15
I DON'T RECALL IF
I TOOK A VIDEO OF
TAKE A VIDEO.
AND DIDN'T
Q
THE OFFICERS
ASK YOU
WHAT YOU WERE DOING THERE?
16
A
17
SPECIFICALLY
18
BUT I'M
19
20
ON THE COUCH WITH A VIDEO
AND DID YOU TAKE A VIDEO OF
12
13
I'M
--
NOT TOO SURE THE CORRESPONDENCE
I HAD SPECIFICALLY
WITH THE OFFICERS,
SURE THEY DID.
Q
ISN'T
IT TRUE YOU TOLD THEM THAT
YOU LIVED THERE?
21
A
I DON'T KNOW IF
22
Q
ISN'T
24
A
THEY DID MAKE ME LEAVE, YES.
25
Q
AFTER YOU LEFT ISN'T
23
I DID OR NOT.
IT TRUE THAT THEY MADE YOU
LEAVE?
IT TRUE THAT
26
THE POLICE ALSO KICKED THE DEFENDANT OUT OF THE
27
HOUSE?
28
IT
A
NO.
811
1
Q
NO?
2
A
NOT TO MY KNOWLEDGE, NO.
3
Q
DO YOU KNOW IF THEY DID THAT, OR
4
HAD YOU ALREADY LEFT?
5
A
I HAD BEEN ASKED TO LEAVE DUE TO
6
THE SENSITIVITY
7
SELECTED HER THINGS.
8
Q
9
OF THE SITUATION,
ISN'T
MA'AM, WHILE SHE
IT ALSO TRUE THAT YOU SERVED
MS. PERRETTE SOME PAPERS AT ONE POINT IN TIME?
10
A
NO.
11
Q
IT'S
12
A
NO.
13
Q
DO YOU SEND TWEETS?
14
A
OCCASIONALLY.
15
Q
ON MARCH 26 OF SOME UNKNOWNYEAR
16
NOT TRUE?
DID YOU SEND A TWEET THAT SAYS
17
MR. BROOKLIER:
18
THE COURT:
19
MR. BROOKLIER:
20
THE COURT:
OBJECTION,
OBJECTION.
EXCUSE ME?
OBJECTION.
THERE IS NO FOUNDATION.
21
SHE DOESN'T KNOW THE YEAR.
22
OVERRULED.
23
24
25
26
BY MS. GERTZ:
Q
DID YOU EVER TWEET THAT, THAT YOU
GAVE PAULEY PERRETTE HER DIVORCE PAPERS AT LAX?
A
ACTUALLY, NO.
27
28
MY TWITTER ACCOUNT WAS ONLY CREATED
A YEAR AGO.
2013,
IT PROBABLY WASN'T EVEN IN EFFECT
812
1
DURING 2004,
2
Q
3
2004.
4
AFTER THAT?
I'M
MA'AM.
I'M
NOT SAYING THAT IT HAPPENED IN
SAYING DID YOU SEND THAT TWEET SOME TIME
5
A
NO, MA'AM.
6
Q
YOU DID NOT.
7
MS. GERTZ:
MAY I APPROACH THE WITNESS?
8
THE COURT:
YES.
9
BY MS. GERTZ:
10
Q
11
TOP OF THIS
LOOKING AT THE FIRST
PAGE,
12
13
I'M
TWEET ON THE
SHOWING THAT TO YOU.
IS THAT YOUR --
IS THAT YOUR
TWITTER ACCOUNT?
14
A
THAT IS MY TWITTER ACCOUNT.
15
Q
AND YOU DIDN'T
16
THE COURT:
17
HERE.
SHE'S
EXCUSE ME.
LET ME MAKE A RECORD
SHOWING HER A DOCUMENT.
WHAT --
18
19
A TWO-PAGE DOCUMENT?
20
THE WITNESS:
21
THE COURT:
22
WHAT DOCUMENT IS THAT?
IT'S
A TWO-PAGE DOCUMENT.
OKAY.
A TWO-PAGE DOCUMENT.
AND YOU ARE POINTING TO A --
SOME
23
WORDS THAT ARE PRINTED INSIDE
24
THE DOCUMENT, AND THERE ARE FOUR SEPARATE BOXES ON
25
THAT DOCUMENT.
26
BY MS. GERTZ:
27
28
Q
IS --
OF A BOX AT THE TOP OF
LOOKING AT THAT FIRST
IS THAT FROM YOUR TWITTER PAGE?
ENTRY,
813
1
A
YES,
2
Q
OKAY.
3
AND IT SAYS "@RUDYGRAY2."
4
5
IT IS.
THE COURT:
YOU ARE GOING TO HAVE TO SPELL
THAT FOR THE REPORTER.
6
MS. GERTZ:
7
"@-R-U-D-Y-G-R-A-Y-2.
"MY WEBSITE IS DOWN FOR REVISIONS
8
AND HOSTING CHANGE.
9
P HER DIVORCE PAPERS AT LAX.
10
11
Q
HARDLY FAKE, BEING I GAVE PAULEY
IS THAT --
SHE KNOWS ME."
IS THAT AN ACCURATE
DEPI CTION OF WHAT IS ON THAT TWEET?
12
A
ABSOLUTELY.
13
Q
AND THAT'S
14
A
YES, MA'AM.
15
Q
DID YOU WRITE THAT TWEET?
16
A
YES, MA'AM.
17
Q
OKAY.
18
SO YOU DID SERVE PAULEY?
19
20
A
DIDN'T.
I'M
TELLING YOU NO, MA'AM, I
BLAIR BARNETT SERVED HER HER DIVORCE PAPERS.
21
I WAS PHYSICALLY THERE A WITNESS
22
WITH A CAMERA.
23
PAPERS.
24
ON YOUR TWITTER PAGE?
SO I DID NOT ACTUALLY SERVE HER HER
Q
25
OKAY.
BUT WERE YOU THERE?
26
A
YES.
27
Q
AND YOU SAID HERE THAT YOU GAVE HER
28
HER DIVORCE PAPERS;
I S THAT CORRECT ?
814
1
A
I WAS PRESENT FOR HER SERVING.
2
Q
BUT ON THAT FRIDAY THE TWEET SAYS
3
YOU GAVE HER HER DIVORCE PAPERS,
DOES IT NOT?
YES OR NO?
4
5
A
6
THE COURT:
YOU ARE READING QUOTE, UNQUOTE?
7
MS. GERTZ:
I'M QUOTING SHE WROTE "I
8
HER" --
YES.
NO.
THE COURT:
9
GAVE
YOU ARE ASKING HER --
EXCUSE ME
10
FOR INTERRUPTING YOU, BUT I NEED TO MAKE A RECORD
11
HERE.
YOU ARE CONFRONTING HER WITH A
12
13
STATEMENT, BUT IT SOUNDS AS THOUGH YOU HAVE NOW
14
PARAPHRASED WHAT THAT STATEMENT IS.
SO YOU ARE GOING TO NEED TO BE
15
16
SPECIFIC.
17
BY MS. GERTZ:
Q
18
THE SPECIFIC
STATEMENT THIS TWEET
19
SAYS" I GAVE PAULEY P HER DIVORCE PAPERS AT LAX";
20
THAT IS CORRECT?
A
THAT'S WHAT THE TWEET SAYS, YES,
23
Q
OKAY.
24
MS. GERTZ:
NOTHING FURTHER.
25
THE COURT:
ANY REDIRECT?
26
MR. BROOKLIER:
21
22
MA' AM.
27
I II
28
III
THANK YOU.
YES.
815
REDIRECT EXAMINATION
1
2
3
BY MR. BROOKLIER:
4
5
Q
THIS
SERVICE
PROCESS WAS IT --
THAT IN REFERENCE TO THE DISSOLUTION
OF MARRIAGE?
6
A
YES.
7
Q
AND WHO IS BLAIR BARNETT?
8
A
SHE'S
Q
AND DID SHE SERVE PAULEY WITH
9
A MUTUAL FRIEND OF FRANCIS
AND I.
10
11
WAS
DIVORCE PAPERS AT LAX?
12
A
YES,
13
Q
AND YOU WERE THERE?
14
A
I WAS AS A WITNESS.
15
Q
WHY WERE YOU THERE AS A WITNESS?
16
MS. GERTZ:
OBJECTION.
17
THE COURT:
SUSTAINED.
18
MR. BROOKLIER:
19
IRRELEVANT.
WELL, COUNSEL BROUGHT IT UP,
YOUR HONOR.
THE COURT:
20
21
SIR.
WAS THERE.
WELL JUST --
THE REASON SHE WAS THERE IS
MR. BROOKLIER:
22
SHE ESTABLISHED
SHE
SUSTAINED.
ALL RIGHT.
LET ME MAKE IT MORE NARROW.
23
Q
DID YOU DO SOMETHING WHEN YOU WERE
26
A
YES.
27
Q
WHAT DID YOU DO?
28
A
I TOOK A VID EO OF THE SERVI CE.
24
25
THERE?
1
Q
2
MS. GERTZ:
OBJECTION.
3
THE COURT:
SUSTAINED.
4
MR. BROOKLIER:
5
WHY YOU DID DO THAT?
OKAY.
THANK YOU.
IRRELEVANT.
ALL RIGHT.
NOTHING ELSE.
6
MS. GERTZ:
NOTHING FURTHER.
7
THE COURT:
OKAY.
8
MA'AM, THANK YOU VERY MUCH.
9
YOU ARE EXCUSED.
10
THE WITNESS:
11
THE COURT:
12
MR. BROOKLIER:
13
THANK YOU, YOUR HONOR.
ANY ADDITIONAL WITNESSES?
YES.
I CALL DETECTIVE VIRAMONTES.
14
THE CLERK:
YOU DO SOLEMNLY STATE THE
15
TESTIMONY YOU ARE ABOUT TO GIVE IN THE CAUSE NOW
16
PENDING BEFORE THIS COURT SHALL BE THE TRUTH, THE
17
WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU
18
GOD?
19
THE WITNESS:
20
THE CLERK:
21
THE WITNESS:
23
THE CLERK:
25
26
27
28
THANK YOU.
PLEASE BE SEATED.
22
24
I DO.
(WITNESS COMPLIES)
PLEASE STATE AND THEN SPELL YOUR
FIRST AND LAST NAME.
THE WITNESS:
FIRST NAME JOSE,
LAST NAME VIRAMONTES, V-I-R-A-M-O-N-T-E-S.
THE COURT:
GOOD AFTERNOON.
YOU MAY INQUIRE.
J-O-S-E.