ANDY

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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