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DIRECT EXAMINATION BY MS. LAMB: Q Okay. Well, let's talk first about your hiney then; did [Mr. Bob] ever touch that part of your body? A Yes, ma'am. Q With what part of his body did he touch with your hiney? A He did it with his finger. Q Where did he put his finger? A In my hiney. Q How did that feel? A It didn't feel very good. Q And were you at Little Rascals when this happened? A Yes, ma'am. Q Do you remember where at Little Rascals, one time? A Um, I think it was at the old house. Q At the old place. And it happened at the new place, too, didn't it? A Yes, ma'am. Q Okay. Now, let's talk about, um, anything else that Mr. Bob put in your hiney. Did Mr. Bob put another part of his body in your hiney? A Sometimes. Q Okay. A He would - - Q Can you tell me what part of his body, what other part he touched you with besides his finger? A He would sometimes do it with his foot. Q Okay. How did he do that? A He would sit down and do it with the chair. Q What do you mean? A I know you know what a chair is, so he pulled the chair up and sat down. Q Okay. And where were you? A I was in the -- using the bathroom. Q And what would happen? A Um, he would stick his foot out and do it. Q Do what? A Stick his foot in my hiney. Q Now, let's talk about, um, anything else that Mr. Bob touched your hiney with; was there another part of his body that he touched your hiney with that was private to him? A (Shakes head). Q All right. Do you remember telling your mom about Mr. Bob putting his penis in your hiney? A Yes, ma'am. MR. MILLER: Objection. THE COURT: Overruled. BY MS. LAMB: Q You do remember telling your momma about that? A Yes, ma'am. Q And did Mr. Bob put his penis in your hiney? A Yes, ma'am. Q How did that feel when he did that? A Um, it didn't feel very good. Q Now, did he ever put anything in your hiney besides his penis and his finger? A One time he put an ink pen. Q An ink pen? A Yes, ma'am. Q And anything else that you remember? A No, ma'am. Q Do you remember telling Doctor Betty about Mr. Bob putting a knife in your hiney? A Yes. Q What part? A Since - - Q Go ahead, I'm sorry. A - - since you mention it now I remember it. Q Okay. A It was the round part that you hold. Q So the round part that you hold is not the sharpened end of it? A (Shakes head). Q Okay. Do you remember - - A Like that (indicating). Q And did that happen? Did Mr. Bob do that to you? A Yes, ma'am. Q And you told Doctor Betty about that, didn't you? A Yes, ma'am. Q Now, did something happen to your penis that Mr. Bob made you do that you didn't like? A Yes, ma'am. Q What did Mr. Bob make you do that you - - A He made me -- he made me stick it up against his hiney. Q Made you stick what up against his hiney? A My penis. Q And did he ever make you put it somewhere else besides against his hiney? A No, ma'am. Q Do you remember telling your momma about having to put your penis in Mr. Bob's mouth? MR. MILLER: Objection. A No, ma'am. THE COURT: Overruled. BY MS. LAMB: Q Did that happen to you, did you ever -- did Mr. Bob ever make you put your penis in his mouth? A Yes, ma'am. Q And you told Doctor Betty about this? A Yes, ma'am. Q And you told your momma about it, too, didn't you? A Yes, ma'am. Q And do you remember Mr. Bob ever --whether Mr. Bob ever put his penis in your mouth? A No, ma'am. Q You don't remember that? A No, ma'am.
Q Did Mr. Bob ever put his penis in your mouth and you didn't want that to happen? MR. MILLER: Objection. THE COURT: Overruled. BY MS. LAMB: Q You said what now? A Yes, ma'am. Q And did he do something when he put his penis in your mouth? A No, ma'am. Q Did you tell your mother about that happening to you? A Yes, ma'am. Q And do you remember a time where you ever had to do anything to Mr. Bob's hiney with your mouth? A No, ma'am. Q Do you remember telling Doctor Betty that one time you had to lick Mr. Bob's hiney? MR. MILLER: Objection. THE COURT: Overruled. BY MS. LAMB: Q Did that happen? Did you ever have to do that that you didn't want to do it? A Um, yes, ma'am. Q Now, when sometimes these things would happen to you, um, would you be afraid to go home and tell your mom and dad about it? A No, ma'am. Q But you didn't go home right then and tell them about it that day, would you? A No, ma'am. Q Did Mr. Bob tell you what might happen to you if you were to go home and tell them about what he had done? A Huh? Q Did he ever tell you what might happen to you if you went home and told your mom and dad what he had done to you? A Uh- huh. Q What did he say would happen? A He said he would kill my dog. Q Did he ever tell you that he would kill your mommy and daddy? MR. MILLER: Objection. THE COURT: Overruled. A Yes, ma'am.....
CROSS-EXAMINATION BY MR. SPIVEY (FOR THE DEFENSE): ... Q Okay. On the times when you were taking your nap tell me what happened when Mr. Bob came in the room? A I don't know, because I was --I think I was asleep usually. Q Okay. Well, how did you wake up? A I would wake up, Ms. Shelly would come and push --go like that so I would wake up, and then she would take my mat and put it up. Q What about the times that you were in there taking a nap and you said that Mr. Bob came in and took you to the bathroom? A Uh- huh. Q Okay. Who woke you up then? A He did. Q And tell me what happened after he woke you up? A He picked me up and he pushed me in the bathroom. Q Did the other children stay asleep when Mr. Bob picked you up and pushed you in the bathroom? A Yes, sir. Q What happened after Mr. Bob pushed you in the bathroom? A He closed the door. Q Okay. What happened then? A He touched me where he wasn't supposed to. Q What did you do when Mr. Bob did that? A I could --I couldn't do anything cause he was too big and I was too small to --to hurt him or anything. Q Okay. Did you say anything to Mr. Bob? A Um, no, sir. Q Did Mr. Bob say anything to you? A Yes, sir. Q What did Mr. Bob say to you? A Um, he would --he would say," turn around," and that's mostly all he would say. Q Okay. When you left the bathroom, Andy, what did you do then? A I got back on my nap --my mat. Q Okay. When Ms. Shelly came back to the room, did you tell Ms. Shelly? A Um, no, sir. Q Why not? A Cause she was a part of it, too. Q Okay. Now, why do you think Ms. Shelly was a part of it? A Because, every time at nap time she would just leave us in the room and she would go somewhere and usually she would be in the nursery. Q Okay. Well, why didn't you tell Ms. Dawn or Ms. Cindy? A Well, I couldn't get up from my nap cause Ms. Cindy was in the nursery and Ms. Dawn was gone somewhere, she was gone to get snacks. ....
Q Did someone put a --do you know what a tree saw is? A No, sir. Q Okay. A Is it one of those things it's electric and --and you have to pull a string and it goes like Rrr- Rrr- Rrr- Rrr- Rrr and it cuts a tree down. Q Andy, did anybody ever put one of those in your hiney? A No, sir. Q Did you ever tell your mom or Doctor Betty that someone at the day care put a tree saw in your hiney? A Um, no, sir. Q All right. If you said that that would not be the truth, would it, Andy? A Well, I don't know because it was so long back I can't remember all these things because it was - - I was a little kid back then. ...
Q Andy, did you tell your mother one time that, ah, ah, Bob didn't stick his finger in your hiney, that that was something that David had told you? A Excuse me. What did you say? Q Did you tell your mother that David told you the things about Mr. Bob touching your bottom? A Yes, sir. Q And is that something that David had told you? A Yes, sir. ...
Q Okay. Now, was it at nap time that David told you this? A Yes, sir. Q What did David tell you? A He said the wrong - - the things that Mr. Bob shouldn't have done, like - - like, you know, yeah, taking a knife and sticking it in my hiney or something. Q Now, did you tell your mom that those were things that didn't really happen to you, that they are things that David said happened? A Well, they did stick a knife in me, a knife thing in me. Q But did you tell your mom - - Andy, did you tell your mother that those are things David told you and they didn't really happen to you? A Um, well, the knife did happen to me and I told my mom about it. Q Did you ever tell your mother that David told that to you and it didn't really happen at all? A Uh-uh. (Shakes head).
...
Q Now, tell me what happened when Mr. Bob peed in your mouth. A He, um, unzipped his pants and unsnapped them and he peed in my mouth. Q Okay. Did he get your clothes wet? A No, sir. Q Did he get the carpet wet? A A little bit. Q What happened then? A Then he zipped them back up because the kids were coming in from recess - - I mean, they were coming in from recess. Q Did you tell anybody or any of the children that happened? A Um, no, sir. Q Okay. Do you remember telling Doctor Betty when that happened that his pee was purple? A No, sir. Q Was it? A I don't know. I think it was. Q You think it was purple? A It looked yellowish- white. Q It looked yellowish- white? A Uh- huh. Q Why did you think it was purple? A Because - - because I was little enough that I couldn't understand colors back then.
....
Q Andy, did any bad things ever happen to you when you were in the old day care, at the old building, the house? A Um, sometimes. Q What kind of bad things happened there? A Sometimes he would push you around and sometimes, Bob would push you and get mean and usually he was real, real bossy - - Q Okay. A - - and stuff. Q Did he ever do anything besides push you around and be bossy? A Sometimes he would take you in the bathroom and do stuff he wasn't supposed to. Q What kind of things would he do that he wasn't supposed to? A Um, stuff that he wasn't supposed to do. Q Did you see any of those things happen? A No, sir. Q Then why do you think they happened? A Because, everybody - - everybody - - I was - - I was near the last, so everybody I saw that it happened - - everybody I saw - - everybody got a chance, to, um, get pushed in the bathroom, and something happened to them. Something had to happen to them if they got pushed in the bathroom and Mr. Bob went with them. Q Why do you think that something had to happen to them if they got pushed in the bathroom? A Well, Mr. Bob pushed them in the bathroom and then he went in there and closed the door; what are you expecting - - ....
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