JANUARY 29 2000 - TRIAL TRANSCRIPT

JANUARY 29 2000 - TRIAL TRANSCRIPT


WILLIAM C. RODRIGUEZ, III,
a witness produced on call of the State, having first been duly sworn, was examined and testified as follows: THE CLERK: You may be seated. Please keep your voice up and state you name and business address for the record?
THE WITNESS: Dr. William C. Rodriguez, III.
That's R-O-D-R-I-G-U-E-Z.
THE COURT:
Witness with you, Mr. Urick.
MR. URICK:
Your Honor, if I may have a moment of the Court's time,
I would ask that the three photograph exhibits be published to the jury at this time to familiarize them with them so that this witness can discuss what was going on.
THE COURT: Very well. Any objections to that process being followed?
MS. GL~TIERREZ: No, Judge.
THE COURT: These items are already in evidence; is that not correct?
MR. URICK:
Yes, they are.
THE COURT:
And they are 9, 10, and ll; correct?
MR. URICK:
Yes.
THE COURT:
If you would take the first set and pass them to the jury
fore -- yeah, that would be
perfect. Juror Number 7, and then the last set, pass it to the foreperson, unless you have some issue about the order?
MR. []RICK:
No. Do you want me to -THE COURT:
Yes.
Just saves a little bit of time.
Thank you.
(Pause.)
THE COURT:
I have a scheduling issue. You know, you don't need
to come up. I'm just gonna tell you what it is. Tuesday,
believe it or not, I have 24 cases, but I have requested
my secretary to inquire as to whether or not any or
all of these matters may be either advanced, postponed,
or they may be directed -- be directed specifically
to a judge for trial.
And I'm asking that they go postponement court on Monday, if that is possible. So I'm letting you know this in advance so that you're aware that on Tuesday.
MS. GUTIERREZ: What date is Tuesday? THE COURT: That's Tuesday, ist. I am going to start or restart this in the same fashion as I indicated I would handle my -- because it just doesn't make any sense to do it any differently. If I'm fortunate, we'll get rid of either or most of those matters on Tuesday.
If I'm not, it'll give me time to dispose of them.
DIRECT EXAMINATION
BY MR. UR!CK:

Q. Good afternoon, Dr. Rodriguez.

A. Good afternoon.

Q. Where are you employed?

A. Z am employed at the Axmed Forces Institute of Pathology
in Washington, D.C.

Q. I'd like to ask you to lean forward a little, if you would. Just speak into the microphone -A.    Okay.
Q.    -- and speak loudly so the jury can hear you.
A.    The Armed Forces Institute of Pathology, which is located in Washington, D.C,, at the grounds of the Walter Reed Medical Center.

Q. And how long have you been employed there?
A. I've been there a little over ten years.

Q. And what are you     what do you do there?
A. I primarily hold a distinguished scientist post where I
serve in the office of the Armed Forces Medical Examiner
as [he Chief Deputy Medical Examiner for Special Investigations.
Q.    And what, if any, expertise do you exercise in that position?
A.    My expertise is in forensic anthropology for which position I served as the Chief ~thropologist.
Q.    What is forensic anthropology?
A.    Forensic anthropology is basically the s~udy of the human body and skeleton for forensic purposes, of the identification of very decomposed or skeletal remains leading to the identification and identification of various types of pathology that are skeletal in nature and looking at recovery and post mortem analytical determination.
Q.    Where do these investigations take you? A.    I have traveled throughout the United States and throughout the world conducting investigations.
MR. URICK: Would the defense stipulate to this witness' expertise as a forensic anthropologist? MS. GUTIERREZ: Certainly we would.
THE COURT: Let him be admitted then as a forensic expert -- excuse me, a forensic anthropologist expert.
Ladies and gentlemen, on occasion we have individuals that will qualify as an expert. At the conclusion of this case, I will give you information as to the law on how you should regard his testimony but for now, he is accepted as an expert and may render opinion as such.
You may proceed.
MR. URICK: Thank you, Your Honor.
BY MR. URICK:
Q.    Dr. Rodriguez, drawing your attention back to February 9th of 1999, did you have occasion to respond to Baltimore?
A.    Yes. I was called by the Baltimore Homicide detectives and asked if I would bring myself and another team member out to assist in the recovery of some remains that had been found.
Q.    And upon getting that request what, if anything, did you do?
A.    I contacted Master Sergeant Graham, who is my assistant in the laboratory, had him put together some equipment, and then we met in Mr. Airy and then by car transported ourselves to the scene for the examination.
Q.    And by the scene, do you recall where it was you went?
A.     It was in Leakin Park.
Q.    And upon your arrival, what, if anything, did you observe?
A.    Basically saw, of course, all the police officers. We could see some barrier tape that had been set about there in the woods and equipment that he had set up for the recovery.
MR. URICK: If I may approach the witness at this time?
TME COURT: Yes, you may.
BY MR. URICK:
Q.    I'm going to show you what's already in evidence as State's Exhibit 9, 10, and II. And for right now I'd like you just to take a few moments and look at the top one which is State's Exhibit Number 9? A.    Yes.
Q.    Can you identify those photographs? A.    Yes. These are photographs toward the roadside, directly outside the initial scene.
Q.    And do they fairly and accurately depict the scene on the date in question?
A.    Yes, they do.
Q.    Now, if you'd look up on the top row, the third photograph across, the one on the far -- where your left hand is. If you'd take a few seconds, do you notice anything back among the trees?

A. You can see a very large log that is lying down.

Q. Further back, if you would?

A. And you can see, actually, some in this picture,
some of the detectives and people involved there at the scene.
Q.    And they're standing around where the grave site was?

A. That's correct.

Q. Did you have occasion to go back to the grave site?

A. Yes, I did.

Q. What, if anything, did you observe there?
A. Basically, went back into this wooded area, and made our
way back, saw the large log or dead tree that was positioned there on the ground. A/~d on the opposite side facing away from the roadway, on the log, was evidence of remains of a body.
Q.    And did you have occasion at that point to examine what you were seeing?
A.    Yes, we did. We conducted a thorough examination initially, setting up a secondary barrier around the area, tying it off. Then Master Sergeant Graham and I changed into tie-back suits, taped our boots, and then began our examination, basically, going around the very peripheral area and working our way in, looking at any disturbance in the soil and surrounding vegetation close into the body.
And as we worked our way, got to the remains, actually, began to examine what we could see of the remains that were exposed above the soil and leaf debris.
From there we conducted alternate light examination using a hand-held alternate light device to
look for trace evidence, followed up by a ultraviolet light source also to look for trace evidence.
Q.    Based on your examination of the parts of the body that were exposed, what, if anything, did you notice?
A.    There was clear evidence that the remains had been exposed by animal activity. Leaf and material detritus that had covered that area of body near the log, there was evidence that the animals had actually scratched away at the body and actually had put some paw or scratch marks superficially on the clothing of the body in attempt to uncover it.
Q.    If you would put that top series of photographs in the back and look at the one right underneath it, which is State's Exhibit i07 Take a few seconds to examine that, if you would?

A. I have.
Q
Can you identify those photographs? A
Yes. This is at the scene, here, where we have the large
log that is downed in the woods, and we have three other photographs showing different angle views of the side of the log where we have partial exposure of the body that is lying parallel to the log here, in which we can see some exposure of the body here at the head area where we see some dark --

Q. If you could hold one for just a second.
MR. URICK: Could I have the Court's permission to have the witness leave the stand and come over close to the jury --
THE COURT:
Yes.
MR. URICK:
-- so that they can see the photographs?
THE COURT:
Yes. And if you'd like, that easel has clips at the top,
and you're welcome to move the easel in place and utilize the clips. I believe we may even have a ruler or something you could use as a pointer, if you would like.
(Pause.)
BY MR. I/RICK:
Q.    If you would, Doctor, please, starting with the top left and then going through the top row and then down to the bottom left going through there, please describe what is evident in those photographs?
A.    In here we can see is the large tree that is downed here. We can see it has a lot of fungi, algae growth.
THE COURT: Okay. I cannot see what you're going, and the defendant cannot see what you're doing, so if you move the -- that'll work.
Can all of the jurors see at this point?
Very well. You may continue.
THE WITNESS: Here, again, we see the log and we see the body which is partially exposed in there lying parallel to the log. Here down toward the head, here at the feet, we can see the head with some dark hair exposed, a portion of the body here and here, which are exposed.
Here we see another shot, again, here we have the log. Here we have the body laying longitudinally against the log. We can see a portion of the leg exposed here.
~_nd here we have the head, with a portion of the very dark hair exposed here, and here we have, basically, a closeup of this photograph again, with the log, here you can see the head with the dark hair, and again, portions of the body that have been exposed.
BY MR. URICK:
Q.    If you would, please, take the top set of photographs down and spend a few seconds looking at the ones that should be right underneath it, State's Exhibit ii?

A. Okay, I've reviewed those.

Q. Can you identify those photographs?
A. Yes. This is later in time, after we began our initial
examination of the remains and began to excavate
them from the subsurface deposit here.
THE COURT: One moment, sir.
I need you to assist him. Can you -- is it possible to move that easel back just a little bit? Thank you. All right.
~-nd, Ms. Gutierrez, you're welcome to stand there, or, if you would like, you may go around to the other side where you'll be able to see, I think, a little better.
Mr. Syed, can you see, at this point? ME. SYED: May I lean over?
TEE COURT: Yes, you may.
All right. Now you may continue, and I apologize. I know this is a small courtroom, but we've made do in the past. So, you may continue.
THE WITNESS: Well, here we see in this photograph a number of the leaf debris has been brushed away. We can see we're beginning some excavation to trowel out around the body producing its outline.
You can see the leg here bent at the knee.
Here over in this photograph you're beginning to see some clothing, again, the head and the dark hair, exposure of a portion of the body.
And here this is after the body has been exposed. Now, you can see a portion of the face and
bloody fluids around the area of the mouth and nose.
The hand here exposed, and here, after the body has been very carefully troweledl the body was simply flipped over in front of the actual site into the body bag.
BY MR. URICK:
Q.    What, if any, factors affect decomposition in an outdoor setting like that with a body buried like that?
A.    There are many, many factors that involve the decomposition of a body in an outdoor environment. You have temperature, of course, one of the primary factors, that the colder it is temperature-wise, the process of decomposition occurs at a slower zate with the decrease in temperature.
Likewise, if the temperatures are very warm, a body decomposes very rapidly. Moisture, certainly, moisture allows the body to undergo decomposition where as a very dry environment, that lack of moisture causes the body to not decompose as fast, and a very dry environment, of course, going to the mummification of the tissues to actually dry out.
When a body, for example here, that we have in contact on a soil floor or substrate versus something like a carpet or indoors, basically, you have an outdoor
environment where you do have quite a blt ot molsture, and this adds, in very cool environments, to keep the body very cool, and provide moisture to allow this decompositional process to undergo a fairly slow rate.
Q.    Did you have occasion to look at the body as it was disinterred?
A.    Yes, I did.
Q.    What, if anything, did you note about the decomposition of the body itself?
A.    One that I noted was that the body was in a fairly good state of preservation. It did have some shrinkage of the tissues, which you can somewhat see in the hands, this blanching and shrivelling that you can see.
And there was very extensive mold and fungi growth. You can see here on this area of the face this white material, there was a lot of mold and fungi over many surfaces of the tissue.
Q.    And what, if anything, does the fungi tell you? A.    Typicallyj fungi growth occurs in a fairly moist environment, which we certainly have here, and in very cool weather conditions. The presence of large patches of mold and fungi is an indicator that there has been a lengthy post mortem interval or period of time since death.
Q.    Did you notice any insect damage at that time? A.    No, there was no evidence of any type of significant insect damage.
Q.    Would you have expected to find anything like that at that time of year?
A.    No, because of the very cool weather, most of the insects, particularly blowflies, they are only active at above 55 degrees Fahrenheit. And many of the other insects, such as carrion beetles that actually feed on the tissue of a body are inactive at this time of year.
Q.    Now~ based on your expertise and training, and the state of decomposition as you observed it on the day that the body was disinterred, would that be consistent with the victim having vanished, been killed, and buried on the 13th of January?
A.    Yes, that would be.

Q. Thank you. You may return to the stand at this time.
(Pause.)
MR. UR!CK: If I may have the Court's indulgence for just a second?
(Pause.)
BY MR. URICK:
Q.    Dr. Rodriguez, do these photographs show the areas where the animal activity occurred?

A. Yes.
MR. URICK: Could I have the witness come back and show us on the photographs where that damage is evident?
THE COURT: Yes.
Please return to the easel are
A. MR. URICK: Using the ones that are up there or the other set, whichever would be easier.
THE WITNESS: You can see right here in the areas of the knee that you have, basically, pantyhose material that has been somewhat frayed or torn.
We have some manerial here, up along the foot you can see some of the soft tissue. The foot is actually exposed, and we have portions of the pantyhose material. And up here, along here, closer to the hip area, you can see that we hav~ some exposure of some of the soft tissue where animals have, basically, raked their paw across trying to get at the remains.
MR. URICK:
Thank you.
THE COURT:
May the witness return to the witness box?
MR. URICK:
Yes, please.
THE COURT:
Thank you.
MR. URICK:
Witness with the defense.
CROSS EXAMINATION
BY MS. GUTIERREZ:
Q.    Dr. Rodriguez, you were asked by Mr. Urick was what you observed in the body, both when you first got there and after your very careful disinterrment of that body, that what you saw was that -- was that consistent with death occurring on the 13th of January; do you recall that?

A. Yes.

Q. And you answered yes, that it was; correct?
A. That's correct.

Q. You are not rendering an opinion that death occurred
on the 13th, are you?

A. No, ma'am.

Q. And you have never been asked to do that, have you?

A. No, ma'am.

Q. And after the careful disinterrment of this young woman's body, you were not asked to perform the subsequent autopsy?

A. No, ma'am.

Q. Or to determine the cause of death?
A. No, ma'am.

Q. Or to determine, in any way, the time of death?
A. [ was asked to look and make a determination at the scene
of the approximate time that that body had been
there based on decomposition.
Q.    And than was based on what you observed; is that correct?
A.    That's correct.
Q.    After that day, the 9th of February, did you do anything else in regard to this body?
A.    Yes. I was present during the initial examination the following day.
Q.    The following day on the 10~h?
A.      Yes, ma'am.
Q.    And after that, did you do anything else? A.      No, ma'am.
Q.    Did you ever check the temperature chart of the time, including the highs and lows of temperature, between January 13th and February 9th?
A.     I did do a backdate temperature over the In~ernet.
Q.    Okay. And you are aware -- you actually live in Washington, or between Washington and Baltimore? A.    That's correct.
Q.    Okay. So you were familiar that it had been on a pretty -- a particular number of days in that time period that was a pretty strong and deep cold snap? A.    That's correct.
Q.    ~nd that there had been snow? And so, you were
told, you didn't understand the significance of the 13th of January date, did you?

A. No.

Q. You were just given that information; is that correct?
A.    An approximation.
Q.    And, in your opinion, it is consistent with the appearance of the body, that she could have died on the 13th; correct?

A. That's correct.

Q. It is also -- it would be equally as consistent that she
could have died on the 12th of January, would it not?

A. It's very possible.

Q. And the same likelihood of consistency that her death could have occurred on the 14th?

A. It's possible.

Q. Or even the 15th?

A. Yes. There's the --

Q. Or even the 16th?

A. -- time frame --

Q. There's a --

A. -- that we're dealing with just approximations.

Q. And that's the best that you can do -
A. Scientifically. Yes, ma'am.
Q.     -- notwithstanding all the science; is that correct?
A.    That's correct.
Q.    And so you have never been asked to determine an exact time or date of death?

A. No, ma'am.

Q. So, you can't tell us how long that body had been dead?
A.    That is correct.
Q.    Correct? And you can't tell us how and under what circumstances it died?
A.      No, ma'am.
Q.    And you were never asked to do that? A.     That's correct.
Q.    Correct? Now, the -- you discussed at length, Dr. Rodriguez, what you call the clear evidence of animal acEivity that you then poinEed out to us?

A. Yes, ma'am.

Q. The fact that it appears, in your expert opinion,
to be animal activity, is related to your expertise
of examining bodies, is it not?

A. That's correct.

Q. Most of us lay people, were we to examine a body, wouldn't be able to tell that it was an animal that did that?

A. It's doubtful.

Q. And your expertise, you are a pathologist -
A. An anthropologist.

Q. -- not just an anthro --

A. No, I'm just an anthropologist.

Q. -- anthropologist?

A. I'm an anthropolegist.

Q. You're not a medical doctor?

A. No, ma'am.

Q. You do not hold a medical degree?
A. No, ma'am~

Q. You do not hold the expertise to examine, as a doctor,
as an -- to conduct a pathology of the study of a body that's presented to you?
A.    Not of soft tissue, pathology.
Q.    Okay. And -- and you were not at -- you were present during the one that was conducted in this case; right?
A.     That's correct.
Q.    And that was conducted by the Medical Examiner, who is a medical doctor, pathologist, in Baltimore? A.     That's correct.
Q.    Is that correct? And that was conducted 5he day after the removal of this body; is that correct? A.    That's correct.
Q.    The person you brought with you, Master Sergeant Graham, was brought for his expertise to try to collect any trace evidence or other evidence that might be important?
A.    That's correct.
Q.    Is that correct? And by "important," meaning any evidence that might be collected that should not be disturbed in the disinterrment of this body that might be able to tell us something about the circumstances of this body's death?

A. That's correct.

Q. Is that correct?

A. That's correct.

Q. And that's why you took so long with him to disinter
the body, you didn't just dig it up?
A. That's correct.

Q. You examined it? Right? You examined it under different
light sources?

A. That's correct.

Q. Things that would make visible things that might not
be visible to the naked eye?

A. That's correct.

Q. And to very carefully disinter, like moving away from
the body the dirt and the leaves that covered it in some places completely?
A.     That's correct.
Q.    And to make sure that if there was evidence there that was foreign to the body or to the soil that you could visualize it and collect it?
A.    That is correct.
Q.    And the collection of it was also done with the same kind of care, was it not?
A.    That is correct.
Q.    Okay. Oh. I was asking you about the animal activity. The evidence of animal activity that you observed on the clothing and this body clearly all occurred post death; did it not?
A.      Yes, ma'aM.
Q.    And you could tell that from your own experience; could you not?
A.     That's correct.
Q.    Although that's not something that most of us could tell?
A.      No, ma'am.
Q.    Is that correct?
A.    That's correct.
Q.    And you also spoke about the rate of decomposition. And let me make sure because °- that I have it straight. Because it was cold and had at least some moisture there because of the soil and the leaves
over the body, it decomposed at a lower rane -A.    A slower rate.
Q.    -- a slower rate than if it had been hotter and dryer; --
A.     That's correct.
Q.    -- is that correct?
A.    That is correct.
Q.    And so, it was a pretty well preserved body for being dead however long it had been dead; -A.    That is correct.
Q.     -- is that correct? And decomposition is a biological process; is it not?
A.    That is correct~
Q.    That the body goes through after death, that alters the biological composition of what you see? A.    That is correct.
Q.    And you described that? You could see it if you knew evidence of the decomposition in the hands once they became visible?
A.    That's correct.
Q.    Because decomposition alters the substance, the feel, the look, the space that skin takes up, does it not?
A.    Yes~
Q.    And decomposition alters the fluids in the
body, does it net?

A. That's correct.

Q. And sometimes decomposition creates fluid?
A. It can, yes.

Q. It can. In fact, it can create fluids that come out
of the orifices of the body?

A. That is correct.

Q. And there is things that happen in decomposition that affect the skin on the body, do they not?

A. That's correct.

Q. There's slippage of the skin, is it not?
A. That is correct.

Q. The skin doesn't remain the intact covering of the body
once the body's dead.

A. That's correct.

Q. Is that correct?
And all of those are normal biological processes?
A.    Yes.
Q.    That occur to everybody no matter what the circumstances of death were; is that correct? A.    That is correct.
Q.    And occur to everybody, regardless of what the temperature is, just at a different rate?
A.    That's correct.
Q.    Is that correct?
A.    Yes.
Q.    All right. And, so that there are changes like, for instance, you were asked to describe what appeared to be fluid on the face; is that correct? A.    That's correct.
Q.    That fluid could very well be from decomposition, could it not?
A.    Yes, it's referred to as post-mortem purging.
Q.    Okay. And that's exactly what that fluid on that body appeared to be, did it not?
A.     Yes, it did.
Q.    There were no obvious signs of injury, you know, like a dismemberment of a body part or knife wound, that you observed, were there?
A.     No, ma'am.
Q.    And having attended the autopsy the -- the pathological examination of the body the next morning at the pathologist's office, in fact, that pathological review revealed that there weren't any other injuries that were visible to this body?
A.     I believe that was their findings.
Q.    That meaning there wasn't any obvious injury, no knife wounds, no wounds that had obvious holes or tears in the body?

A. That's correct.

Q. Is that correct? Then, that what you observed to be --
that appeared to be fluid from the face or the head, in
fact, was not the result of a pre-death injury?
A. It appeared just to be purging.

Q. Purging~ which was a pxocess that would occur after death?
A.    That's correct.
Q.    And purging is not a process that would occur immediately after death, would it?
A.    It's a process that, it's, again, variable in time on decomposition, but basically is the result of the gaseous buildup as a result of decomposition.
Q.    Of what's inside of you?
A.    And basically, any fluids, they can be from injury, or just a pulling of fluids from the decompositional process. They have to go somewhere under these gaseous pressures, and typically, they are extruded out through the nose, the mouth, or the anus.
Q.    Okay. And because you describe it as a process, it occurs over a period of time; is that correct?
A.    That's correct.
Q.    And, like all other decomposition processes, in a cold environment such as you observed on February 9th,
that process, over time, at this point, would have taken a longer time than a shorter time?

A. That's correct.

Q. Is that correct?

A. That's correct.

Q. Okay. The -- you were asked that, in the picture
if you look really far back, you could see detectives or others; --

A. That's correct.

Q. -- is that correct?

A. Yes, ma'am.

Q. If you were the body that you disinterred that day, from
the position of the body, could you see to the road?

A. If you were in the exact position of the body, no.

Q. NO, because that body was hidden first by -there along the log, against which it was nestled; is that correct?
A.    Yes; that's correct.
Q.    They had to climb over that log to get to this partially interred body, if that's the correct term? A.    Or would walk around the log.
Q.    Or walk around the log; as that correct? That log was in excess of 50 feet, was it not?
A.    I didn't exactly measure it, but it was very big.
Q.    It's a very long log, so in order to get to -and the body, while not quite in the middle, was more in the middle than at either end, was it not?
A.    It appeared to be, yes.
Q.    So to get to the body, one would have had to climb over the log; correct?
A.    Correct.
Q.    Or go around the end of a very long log on either end?
A.     That's correct.
Q.    Is that correct? You were told, when you were requested by the detectives to come and assist them, that a body had been found; correct?

A. That's correct.

Q. So you were expecting to find a body in what you were
shown, were you not?

A. Yes.

Q. It was not readily apparent to be a body, or to be a human body, if you didn't know anything about it, was it?
A.     It would be hard to say.
Q.    TO tell? You could tell that there might be things sticking out that may be body parts, but you
couldn't tell that it was a body?
A.    Not until you really looked at it close, you could make out the foot, and the hair.
Q.    And then make out other things?
A.    It was very well camouflaged.
Q.    Very well. Okay. You wouldn't just stumble over that body where it was?
A.    I think an average person walking over it wouldn't see it.

Q. Okay. Thank you.
MS. GUTIERREZ: I have nothing further.
THE COURT:
Any redirect?
MR. URICK:
No, thank you, Your Honor.
THE COURT:
May this witness be excused? MR. URICK:
Yes.
MS. GUTIERREZ: Yes.
THE COURT: May this witness be released from any summonses or appearances?
You are excused at this time, and you are free to go. I must advise you that all the witnesses have been sequestered, which means you cannot discuss your testimony with anyone else who may be a witness in this case or has been a witness in this case. But you are welcome to remain in the courtroom if you would like.
Your testimony is now concluded.
THE WITNESS: Thank you, Your Honor.
THE COURT: Thank you.
{The witness was excused.)
THE COURT: Your next witness?
(Pause.)
THE COURT: Please raise your right hand.
Listen to Mr. White as he provides you with the oath.
Whereupon,
NISHA~ a witness produced on call of the State, having first been duly sworn, was examined and testified as follows: THE CLERK~ You may be seated. Please keep your voice up, state your name and your address for the record?
THE WITNESS: My name is Nisha
THE CLERK: Address?
THE WITNESS: ~ Silver Spring, Maryland 20906.
THE COURT: You are welcome to rest your coat, if you would like, or if you're comfortable the way you are you may remain like that.
THE WITNESS: Thanks.
THE COURT: Witness with you.
MR. URICK: Thank you, Your Honor. With the Court's permission, I'd ask the Clerk at this time to
hand back to the jurors their individual copies, or working copies of State's Exhibit 34 for identification.
TEE COURT: Ladies and gentlemen, you're receiving your papers -- there are your juror numbers noted at the top.
(Pause.)
MR. URICK: If the Court please, at this time I'd like to approach the witness?
THE COURT: Yes, you may.
DIRECT EXAMINATION
BY MR. I/RICK:
Q.    Ms. Tanna, I'm just, for now putting down in front of you what's been marked -- it's a copy of what's been marked for identification purposes as State's Exhibit 34.
Do you know the defendant?

A. Yes.

Q. How do you know the defendant?

A. We met through mutual friends at a New Year's party.

Q. And was that New Year's Eve, 1999?
A. Yes.

Q. So it would have been December 31st of 1998 into
January ist of 19997
A.    Yes.

Q. And did you become friends with him at that time?

A. Yeah. We met and we pretty ~uch became friends,
I guess.

Q. Did you exchange phone numbers?

A. Yes.

Q. Did you have occasion to speak with him on the phone?

A. Yes.

Q. How would you come to speak to him?
A. He would call me up most of the time, and we would just talk about school and just ask how each other were.
Q.    Did there come a time when he got a cell phone of his own?
A.    Yes.
Q.    And do you recall when that was? A.     I think it was sometime in January.
Q.    Okay. Now, I'd like you to look at what's before you, the Exhibit, and i£ you notice in Ehe lefthand column it says ,'call" and then there are a bunch of numbers going down, i to 34. Starting at the bottom, if you would, look at number 25?
A.    Okay.
Q.    Look across the entire line?

A. Okay.

Q. Do you identi-- do you recognize that number?
A. Yes.

Q. Who's number is that?

A. That is my number.

Q. And would you please read it for the record?
A. 301 603~.

Q. And if you go across to the next line of type~ there's
a blank space, then there's a black space. At the top
of the column it says "call time,
what is indicated
there?

A. 3:32 and 45 seconds.
THE COURT: Just a moment, please.
Deputy Sheriff, can you go in the hallway and ask individuals to keep their voices down, and if therels a sign there, turn it so that they can see that there's a court in session.
Thank you.
BY MR. URICK:
Q.    And in the next line it says "duration," do you notice a time of duration?
A.    Yes, two minutes and 22 seconds.
Q.    And that phone number, is that a cell phone or a residence phone?
A.    It's a residence phone.
MR. URICK: With the Court's permission, I'm going to go to the exhibit that's posted in the right hand side.
THE COURT: You may.
BY MR. URICK:

Q. Your last name is spelled

A. Yes.

Q. That was line 25?
(Pause.)

Q. Who's line was this?

A. It's my phone line.

Q. Is this a private line for yourself at that residence?

A. Yes.

Q. Now, going up to line 7?

A. Okay.

Q. Look across that line.
Do you recognize that number?

A. Yes.

Q. A~d who's number is that?

A. That is mine.

Q. And, for the record, would you read it again?
A. 301 603~.

Q. A~d the time -- the call time for that call was?

A. Nine minutes and one second. And -
Q. Those are hours, minutes and seconds.

A. Nine minutes --

Q. That's time, not minutes.

A. Oh, okay. So it's one minute and 46, 'cause there's
a --

Q. It's p.m. It's an hour, it's a time.
MS. GUTIERREZ: Objection --
THE WITNESS: Oh, okay.
THE COURT: -- to the State's Attorney testifying?
THE COURT: Sustained.
BY MR. URICK:
Q.    Please look at it again to read the time that that call occurred?
A.     9:01.
Q.    And the next block, which is the time duration, would you please read further --
A.    Okay.
Q.        and tell what that duration was? A.    It's one minute and 24 seconds.
MR. 5[RICK: With the Court's permission, I will now, again, write "~ household" into the block on line 7?
THE COURT: Any objections?
MS. GUTIEP~EZ:
No, Your Honor.
(Pause.)
BY MR. URICK:
Q.    Now, please go up again to the line four and look across that line?
A.    Okay.
Q.    DO you recognize that number?
A.    Yes.

Q. A~d who's number is that?
Mine.

Q. And for the record, please read it again?
A. 301 603-1.

Q. Now, go across to the next block of type, please read the time that the call occurred?
A. 9:57.

Q. And in the next block, the duration of the call?

A. 24 seconds.
MR. URICK: And with the Court's permission, will now write "Tanna residence" again on line 4.
THE COURT: Any objection to that? MS. GUTIERREZ:
No, Your Honor.
(Pause.)
BY MR. URICK:
Q.    Now, did there ever come a time when the
defendant called you and put a person he identified as Jay on the line?
A~    Yes.
Q.    Please tell the ladies and gentlemen of the jury what that call consisted of?
A.    Basically, Jay had asked him to come to an adult video store that he worked at.
Q.    No, don't -- tell us what the defendant told you? Tell us the content of the call?
A.    Okay. He just asked me how I was doing? Q.    When you say "he," who do you mean? A.    Adnan.
Q.    Okay.
A.    And then he put his phone -- put his friend Jay on the line, and he basically asked the same question.

Q. And he described him as his friend Jay?
A. Yes.

Q. Do you have any independent recollection of when that
call occurred?

A. I can't remember the exact date.

Q. And about how long did that call take?
A. I would say, like, a minute or so.

Q. Okay. Now, --

A. It was not that long.

Q. -- drawing your attention back to the exhibit,
line 25, which was a call - do you recall about what time of day that that call occurred?
A.    The one on -- yeah, I think it was in the evening time.
Q.    Now, that call, line 25, is it possible that that could have been that telephone call?
MS. GUT[ERREZ: Objection.
THE COURT: Sustained as to form of the question. At this point, I don't know what "that" is, and so if you could just clarify your question to the witness. Are you -- when you say "that,~' are you referring to the call listed on line 25, or are you asking the witness to talk about the conversation she just relayed to the jury?
BY MR. URICK:
Q.    Relating back to the conversation with the defendant where he put the person named Jay on the phone, is it possible that line 25 could have been that telephone call?
MS. GUTIERREZ: Objection.
THE COL~T: Overruled•
You can answer the question.
THE WITNESS: Okay. I'm not sure, I can't really recall that particular day, but maybe.
MR. URICK: Thank you.
Witness with the defense.
CROSS EXAMINATION
BY MS. GUTIERREZ:
Q.    Ms. ~, you met Adnan Syed at a New's Year party; correct?
A.    Yes.
Q.    A/%d he was there to party just like you were, was he not?
A.    Yes.
Q.    And you had not met him before; correct? A.    Yes.
Q.    It was not a party isolated just for those of the Muslim faith, was it?
A.    No.
Q.    You are not of the Muslim faith are you? A.    NO.
Q.    You're of a different religion than Islam? A.    Yes.
Q.    And your religion is?
A.    Hinduism.
Q.    Okay. And you were aware at the party that Adnan liked you?
A.    Yes.
Q.    A/Id you liked him, did you not? A.    Yes.
Q.    And the who attended the party were all of your mutual ages, were they not?
A.    Yes.
Q.    And you went to that party because of a friend of yours?

A. Yes.

Q. Then it was not Adnan who gave the party; right?

A. No.

Q. It wasn't at his house?

A. No.

Q. It was a some other young person's place, or was it at a place other than a house?

A. It was a place other than a house.

Q. And attending at the party were how many young people?
A.    Hundreds, I'd say.
Q.    Okay. And in the midst of that -- and it was a pretty festive occasion?
A.    Yes.
Q.    It was noisy?
A.    Yes.
Q.    Was there drinking?
A.    Yes.
Q.    Was there dancing?
A.     Yes.
Q.    And almost all of the attendees at the party were participating in all of those things?
A. Yes.
Q.    Is that right? And in that atmosphere, Adnan Syed caught your eye, did he not?
Yes.

Q. And you caught his eye, did you not?
A. Yes.

Q. And you spent the bulk of the party on New Year's Eve, 1999 together, did you not?
A.    Yes, we did.
Q.    At the party, and before the party ended you exchanged personal information?
A.    Yes.
Q.    That included your phone number; correct? A.    Yes.
Q.    And you got his phone number?
A.    Yes.
Q.    At the time on New Year's Eve, he didn't have a call phone?
A.    No.
Q.    Right? But after that time, for the next two weeks, the two of you sort of kept in contact with each other, did you not?

A. Yes.

Q. Mostly he called you?

A. Yes.

Q. And you encouraged him to call you, did you not?

A. Yes.

Q. And sometimes he called you more than once a day, did
he not?

A. Yes.

Q. And when you would -- you would take his calls if you could, could you not?

A. Yes.

Q. Because you liked him?

A. Yes.

Q. And he expressed a continuing interest in you; is that
correct?

A. Yes.

Q. And the times that you would talk on the phone, you would
talk and share information about each other to each other?

A. Yes.

Q. Would you not? What you did; is that correct?
A. Yes.

Q. And what was going on in your school lives?
A. Yes.
Q.    And what your plans were for the next days; is that correct?
A.    Yes.
All normal stuff; right?
A.    Yes.
Would you describe that two-week time as sort of the two of you getting to know each other?
A. Yes.

Q. A~d you were open to that, were you not?
A. Yes, I was.

Q. You were open to him as more than just somebody you met
at a party?

A. Yes.

Q. You were open to him as a possible boyfriend?
A. Yes.

Q. Correct? And you sensed that he was interested in you?
A,
Yes.

Q. And you didn't discourage that, did you?
A. No.

Q. In fact, you encouraged that, didn't you? A,
Yes.

Q. You liked him, didn't you?

A. Yes,

Q. And it was obvious he liked you?
A.     Yes.
Q.    Did you grill him about his prior relationships?
A.    No.
Q.    Did you allow him to grill you about any prior relationship you may have had?
A.    No.
Q.    Now, that number, the 603~, if Adnan Syed called it, you're the only one he'd be looking to talk to, wouldn't he?
A.    Yes.
Q.    Okay. Now, the call that you were asked where somebody else got on the phone, that call occurred at that number; is that correct?

A. Yes.
Q~
Now, did other people call on that number?
A. Yes.

Q. Okay.
For you?

A. Yes.

Q. For other members of your family?
A. Sometimes.

Q. Sometimes.
But mostly that number is for you, is it not?

A. Yes.

Q. You're the one that answers it?

A. Yes.

Q. And do you have an answering machine or a voice mail?

A. No, not for that number.

Q. Not for that number. But if somebody was to answer,
generally it would be for you; is that correct?
A. Yes.

Q. Okay. And in the two weeks from the New Year's party,
you had talked to Adnan sometimes every day for a couple
days in a row?

A. Yes.

Q. And sometimes you talked to him more than once a day?

A. Yes.

Q. And often you talked to him late at night?
A. Yes.

Q. And during that time period you had learned that he
was a Muslim?

A. Yes.

Q. And you were -- that wasn't a surprise to you, was it?
A.    No.
Q.    There were other Muslims at the party, were there not?
A.    Yes.

Q. You associate with other Muslims, do you not?
A. Yes, of course.

Q. Both girls and boys; is that correct?
A. Yes.

Q. And was the fact that he was a Muslim ever an issue for
you during that two-week period of time where you're sort of trying it out?
A.     No, of course not.
Q.    And did that ever come up as a topic of conversation from you?
A.    NO.
Q.    Did it ever come up as a topic of conversation from Mr. Syed?

A. No.
Q~
Okay. Did you see each other during that time?
A. We saw each other once at another party.

Q. Okay. And that was after the first, so in that two week
period of time, or almost two weeks to the 13th, you saw
him an additional time?

A. I saw him in February.

Q. Okay.
So that was after this date?
A. Yes.

Q. So in the first two weeks mostly you got to know each
other by phone?

A. Yes.
Q.    Okay. And that was not something you discouraged?
A.    No.
Q.    And you said mostly he called you, but some of the times you called him; is that correct?
A.    No, actually I didn't call him just because it was long distance.

Q. Okay. But you didn't refuse his calls?
A. No.

Q. And you didn't discourage him from calling?
A. No.

Q. And after this day, the 13th, you actually saw him?

A. Yes.

Q. And you knew that you were going to see him, did you
not?

A. Yes, I did.

Q. And that was an okay thing wiZh you, seeing him again?

A. Yes.

Q. And after this daze, you continued to explore whether
or not you and he might have a relationship?
A. Yes, maybe.

Q. And during that time, you got to know each other better and became more solid friends?
A.     Yes.
Q.     Is that correct? And, at no point did you ever discourage his phone calls?
A.    No.
Q.    No. Now, the time that you said the per     put a person named Jay, your belief was that that was at the video store?
A.    Yes.
Q.    That they, meaning Adnan and Jay, were at the video store; is that correct?

A. Yes.

Q. You had never been in that video store?
A. NO.

Q. You didn't know what kind of video it was? A~
No.

Q. But your understanding was that Jay worked there?

A. Yes.

Q. Yes. And that was the information relayed to you; is
that correct?

A. Yes.

Q. And that when the person named Jay -- now, you never met
him, did you?

A. No.

Q. And later, after this day, the 13th, you never
met him, did you?

A. No.

Q. And you wouldn't recognize him today?
A. No.

Q. And you wouldn't recognize his voice?
A. No.

Q. Okay. And you knew, did you not, or did you, that Jay
was not a current classmate of Adnan?
A. I didn't know anything about that.
Q~
You didn't know anything about it. And, frankly,
you weren't interested in Jay, were you?
A. No.

Q. Did you really care who he was?

A. Not really.

Q. Or what he was to Adnan?

A. No.

Q. And did you speak to him long?

A. Did I what?

Q. Speak to him long?

A. No.

Q. That time. And was there anything significant to note
in that conversation?

A. No.
Q~
And you don't recall when that conversation took place?
A.     No.
Q.    So it could have been the 13th or it could have been any other day from the New Year's party all the way up until Mr. Syed's arrest on February 2Bth? A.    Yes.

Q. Is that right?
MS. GUTIERREZ: Thank you.
I have nothing furzher.
THE COURT: Any redirect?
MR. URICK: Extremely brief.
REDIRECT EXAMINATION
BY MR. URICK:
Q.    Did zhe defendant ever invite you to call him at his house?
A.    No.

Q. Did he tell you why not?
MS. GUTIERREZ: Objection. Assumes that there has to be a reason.
THE COURT: I understand, I understand. There -- first of all, the objection is sustained.
You can reword the question if you'd llke and perhaps lay a foundation for its admissibility.
BY MR. URICK:
Q.    What, if any, instructions did he give you as to how to contact him?
A.    Excuse me? I'm sorry?
Q.    What, if any, instructions did he give you as to how to contact him?
A.    He did give me his pager number. He didn't give me his house number.
Q.    Did he ever give any explanation why he didn't give his house number?
MS. GUTIERREZ: Objection.
THE COURT: Overruled.
THE WITNESS: Well, later on, he did say that his parents were a little strict about having girls call, but he did give me his house number, but I never did call him.
MR. URICK: No further -- nothing else, thank you.
RECROSS EXAMINATION
BY MS. GUTIERREZ:

Q. And did you ever reach him on his pager?
A. No.

Q. Okay.
And that was your choice?

A. Yes.

Q. There wasn't a reason not to use the pager?
A. No.

Q. So if you had wanted to reach him on the available
number he gave you, you could have?
A.    I could have.
Q.    Okay. And when he got his cell phone, he gave you his call phone number, did he not?
A.    Yes, he did.
Q.    Okay. And did you choose to reach him on the cell phone?

A. No.

Q. For the most part, the contact came from him ~o you?

A. Yes.

Q. But that was okay with you?

A. Yes.

Q. You were interested in him?

A. Yes.

Q. And you liked that he called you?
A. Yes.
MS. GUTIERREZ: Thank you. Nothing further.
THE COURT: Anything further?
MR. URICK: No, thank you. The witness may be excused from the State.
THE COURT: All right.
And from the defense, may this witness be excused?
MS. GUTIERREZ: Yes, she may.
THE COURT: You are excused at this time. I
must admonish you that you are a sequestered witness, you should have no conversations with anyone about what you've already testified, but if you would like to remain in the courtroom, you're welcome to do that.
THE WITNESS: Okay. Thank you.
THE COURT: You are welcome.
(The witness was excused.)
THE COURT: Your next witness?
{Pause.)
THE COURT: Please remain standing, raise your right hand.
Listen to Mr. White as he provides you the oath.
Whereupon,
c~y~tal ~ (mistranscribed, this is Krista) a witness produced on call of the State, having first been duly sworn, was examined and testified as follows: THE CLERK: You may be seated.
THE WITNESS: Thank you.
THE CLERK: You're welcome. Please keep your voice up, state Four name and address for the record? THE WITNESS: Crystal
] Randallstown, Maryland.
DIRECT EXAMINATION
BY MR. I/RICK:
Q.    Good afternoon, Ms. Meyers. Do you know the
defendant?

A. Yes.

Q. How do you know him?

A. As a friend.

Q. And how long have you known him?

A. For about four years now, since the beginning of high
school.

Q. And when would you say you started thinking of him as a friend?
A.    Probably more so this year than all the other years as getting to know him better.
Q.    When you say ~'this year," you mean -A.    Our senior year of high school, which would have been '98 to '99.

Q. Where did you attend school?

A. Woodlawn High School.

Q. And what type of school is Woodlawn?
A. Well, it's a regular high school, and it's also a magnate
school for math, science, and pre-engineering.

Q. And what program were you in?

A. The magnate program.

Q. And did you have classes with the defendant?
A. Yes, I did~

Q. And did you know Hae Min Lee?

A. Yes.
Q.    How long had you known her?
A.    About the same length of time, the four years that she had been in high school.
Q.    And did you have classes with her as well? A.     Yes, a few.
Q.    As you and the defendant became friends, would you converse together?
A.    Yes.
Q.    Would you exchange telephone calls? A.    Yes.
Q.    Now, drawing your attention to January of 1999, A.    Uh-huh.
Q.    -- please describe what your daily schedule was on a school day?
A.    Usually I would get up around 5:30, 6:00 in the morning, and I'd go to school. I'd be in school usually around 7:30. I'd arrive. And I had two classes in the morning and would leave school around 10~30, 10:45, every day~ And I'd leave school and usually either go home and eat lunch or go directly to work, and I usually worked from either 12:00 to 4:00, or 1:00 to 5:00.
Q.    Drawing your attention to January 13th of 1999, do you remember that day?
A.    Vaguely, yes.
Q.    Did you attend school in the morning as was your usual practice?

A. Yes.

Q. And did you see the defendant tha~ morning?
A. Yea. He's in my first period photography class that day.

Q. And did you speak to him on that date?
A. Yes.

Q. What, if anything, did he say to you?
A. I believe that that day he arrived at school on time, which was rather unusual for him 'cause he was usually late. And he said that he didn't have his car for whatever reason and then he had to go pick it up after school and that Hae was supposed to go take him to get his car.
But I don't remember if it was from his brother or from the shop.

Q. Now, did you go to work that day? A~
Yes.

Q. And how late would you have worked that day?
A. Till five o'clock.

Q. Did there come a time when you received a call from Aisha
A.    Yes. During the afternoon, she called me to let me know that Hae's grandmother and grandfather and
brother and mother had been calling her asking if she knew where Hae was, because they had -- she didn't pick up her cousin from school and she didn't come home that day.
Q.    Where would you have been when you received that call?
A.    Probably at work 'cause Aisha would usually call me between the hours of 4:00 and 5:00 just to say Hi when she got home.
Q.    And what, if anything, did you do after you received that call?
A.    I know that, later on in the evening after I had spoken with her again, I'd called Adnan to let him know, or to ask if Hae had taken him to get his car or not.

Q. When you say you called Adnan, how did you call him?

A. On his cell phone.

Q. And if you would, there's that sheet of paper in front
of you which is a copy of State's Exhibit for identification 34?
A.    Okay.
Q.    And there's a cellular phone number at the top, 443 253-~
A.    Yes.

Q. DO you recall if that's the number you called?
A. Yes, that is.

Q. Did you get the defendant?

A. The first time that I tried, no, Z did not.
received
his voice mail.

Q. And what, if anything, did you do?
A. I left a message ~ust asking him to call me when he
got a chance.

Q. Okay.
Now, I'd like you to look at line 17?
A. Okay.

Q. Look across that line? You'll notice that's right above line 8. It's line 17, read across all the way through the telephone number. Do you recognize that ~umber?
A.    Yeah, that's my home phone number.
Q.    And would you read it for the record, please? A. 410 922~.
Q.    And across to the first block of text that's in the column that gives you the time of the call, would you please read the time?
A.     5:38 and 42 seconds.
Q.    And in the next column there's a duration of call, would you please read the duration?

A. Two seconds.
MR. URICK: With the Court's permission, I will
now write in line 17 -- is this number your residence number?
THE WITNESS: It's my personal line at My residence.
MR. URICK: I will now write "Meyer's residence" across line 17.
THE CO[IRT: ~y objections?
MS. GUTIERREZ:
No, Your Honor.
(Pause.)
BY MR. []RICK:
Q.    Now, did you ever talk to him on that day? A.    Yeah, I did. I finally reached him later on that evening sometime after nine o'clock.
Q.    And how many times did you speak to him that evening, if you recall?
A.    I believe twice.
Q.    Do you recall what was said in those conversations?
A.    I know that when [ spoke with him, he was in his car. And I told him about the fact that Aisha had called and said that Eae had been missing. And he just commented that that was strange, out of the ordinary.
Q.    And did he indicate anything else? A.    No, just that he was in his vehicle at the time.
Q.    Did he indicate having talked to anyone else about that subject?
A.    I know that he had said that -- I don't know if it was that day or later on, that the police did call him on his cell phone to see if he knew her whereabouts.
Q.    And did he tell you when that call occurred? A.    No.
Did he tell you what the subject matter of that conversation was?
A.    Just that the detectives wanted to know if he knew where she was or not.

Q. Now, I'd like you to look up at lines 5 and 6?
A. Okay.

Q. And look across both those lines at ~he number called?

A. Uh-huh.

Q. Do you recognize that number?

A. That's, again, my home line at my residence.

Q. And just for the record, would you read that again, please?
A. 410 922-1
Q.    Now, on line 6, would you please first read the time of the call and then the duration of the call? A.    9:03 and 47 seconds p.m., and it lasted five minutes and 28 seconds.
Q.    And the line above it, line 5?
A.    9:10 and 42 seconds, p.m., lasting eight minutes an 41 seconds.
MR. URICK: At this time, with the Court's permission, I'll write "Meyer's residence" on both those lines.
THE COURT: objection?
MS. GUTIERREZ:
NO, Your Honor.
(Pause.)
BY MR. I/RICK:
Q.    Now, drawing your attention back to line 17, the two-second duration call?
A.    Yes.
Q.    Do you recall a hang-up call, receiving a hang up call?
A.    That night, not in particular. I know that one day that week I did receive a hang-up call from his cell phone, but I don't know if it was particularly that day or not.
Q.    Drawing your attention now to the time after Hae Lee's body was found and she was identified, the day that the Crisis Intervention Team appeared at Baltimore -- at Woodlawn High School?
A.    Yes.
Q.    Did you go with the group of friends that went
to Aisha Pittman's house that night?
A.    It was the night before the Crisis Zntervention Team was at our school, but, yes.
Q~
And was the defendant there that night?
A. Yes, he was.

Q. And how did he qet home that night?
A. I drove him home.

Q. And where did you let him off?

A. At the church parking let across the street from his
residence.

Q. Why didn't you take him to his residence?
A. Because he requested that I drop him off across the street.
Q.    Did he explain why?
A.    Usually because his parents didn't approve of him speaking with girls, especially out of his ethnic background. So it would have been better for him had I dropped him off across the street so that they wouldn't have seen who drove him home.
MR. [fRICK: witness with the defense.
CROSS EXAMINATION
BY MS. GUTIERREZ:
Q.    The -- that nigh~ that you're describing, the night of the Crisis Intervention, a lot of Hae Min Lee's friends gathered at Aisha ~s house, did they not?
A.    Actually, I believe it was Adnan, Aisha, Stephanie, and I.
Q.    Okay.
A.    There was only four of us.
Q.    And Stephanie is Stephanie~ A.    Yes.
Q.    And Aisha~ and yourself, and Adnan all matriculated in the magnate program at Woodlawn? A.    Yes.
Q.    And you had all known each other for at least the duration of the three years before; --
A.    Correct.
Q.    ~- is that correct?
A.    Yes.
Q.    And, Ms. Meyers, you considered yourself a good friend of Hae Min Lee, --

A. Yes.

Q. -- did you not?

A. Yes.

Q. You saw her regularly?

A. Yes.

Q. You spoke to her regularly?
You went with her places?

A. Yes.

Q. And you shared confidences both ways with her?
A.      Yes.
Q.    And you considered yourself, at least that senior year, a pretty good friend to Adnan Syed? A.    That is correct.
Q.    And you did the same thing, you spoke to him, you saw him daily?
A.    Yes.
Q.    You shared classes and you shared confidences with him back and forth?
A.    Yes.
Q.    You were aware when your good friend Hae Min Lee and your good friend Adnan Syed became an item, were you not?
A.    Yes.
Q.    The previous spring?
A.    Correct.
Q.     Is that correct?
A.    Yes.
Q.    And out of the whole group of all of you who shared classes, everybody knew that, did they not7 A.    Yes.
Q.    And prior to the time when they became an item as a girlfriend and boyfriend, everyone in the class knew that Adnan Syed was a Muslim, did they not? A.    They did.
Q.    And that he didn't, or he had not dated? A.    Correct.
Q.    And he hadn't dated, not just because his parents didn't approve of it, but because his religion didn't encourage that; is that correct?
A.    Correct.
Q.    And all of you all just sort of accepted that, did you not?
A.    Yes.
Q.    Nobody bugged him and tried to line him up dates, did they?

A. No.

Q. And after he and your other good friend, Kae Min Lee,
got together~ everyone was aware that they were now girlfriend/boyfriend, were they not?
A.    They were.
Q.    But you were all still aware that Adnan Syed's parents did not approve of that?
A.    Yes.
Q.    And, now, you were never intimate with Adnan, were you7
A.    NO.
Q.    You were never girlfriend to him being a boyfriend; right?
A.    Correct.
Q.    But you knew that the ban on women would extend even if all you did was to drive him home and drop him off?
A.    Correct.
Q.    In view of what you understood his parents' view to be?
A.    Yes.
Q.    Is that correct?
A.    Yes.
Q.    And you understood that Adnan, from the time in the Spring of 1998, all the way through his relationship with Hae Min Lee, that he was essentially defying his parents' approval?
A.    Yes.
Q.    Okay? And so when he asked you to drop him off up the street, down the street, around the corner, you did that knowing that he was concealing this relationship from his parents?
A.    Yes.
Q.    But the relationship was never concealed from anybody else?
A. No.
Q.    Not from any of Hae Min Lee's friends? A.    No.
Not from his other friends?
A.     NO.
Q.    And not from school teachers?
A.    NO.
Q.    Everybody knew about it?
A.    Yes.
Q.    Didn't they?
A.    Yes.
Q.    And everybody accepted it for whatever it was? A.    Yes.
Q.    You were aware of the ups and downs in the relationship?
A.    Correct.
Q.    And, because you were a friend of Kae Min Lee's, you got it from both of them, did you not?
A. Yes.

Q. They were both thinking people, were they not?
A. They were.

Q. They clearly expressed their love for each other?

A. Yes.

Q. And they were not hesitant to do that in front of others?

A. Correct.

Q. To be physically affectionate with each other?
A. Yes.
Q.    And all of you knew from both of them the various ups and downs of their relationship that included some times off?
A.    Yes
Q.    And those times off would sometimes last for a day or two?
A.    Yeah, or a week.
Q.    A week~ maybe. Okay.
And then they would rush back together; is that correct?
A.    Yes.
Q.    And you observed them to continue throughout those ups and downs to be very loving and concerned about each other?
A.    Correct.
Q.    You understood from both of them that they both thought about the things that caused them difficulty? A.    Yes.
Q.    And that the only thing that really caused them difficulty was the fact that Adnan, as a Muslim, was not supposed to have any relationship with anyone unless he was married to her?

A. Yes. I know that that was a big part of it, yes.

Q. Okay. And they were both very open about that?
A. Yes.
Q.    But they continued to maintain the relationship?
A.    That's correct.
Q.    All Spring?
A.    Yes.
Q.    And all Summer?
A.    Yes.
Q.    And all Fall?
A.    Yes.
Q.    Even though there were ups and downs? A.    Correct.
Q.    Sometimes one took a break, and sometimes the other took a break?

A. Yes.

Q. Is that correct?

A. Right.

Q. All right.
Now, you were aware that in mid to late December --
A.    Uh-huh.
Q.    -- that they broke up and it appeared to be, whatever the word final meant?
A.    Correct.
Q.     Is that correct?
A.    Yes.
And you saw each of them on a daily basis after
that date, did you not?

A. Yes.

Q. And that was in school?

A. Yes.

Q. And out of school?

A. Correct.

Q. And you understood that this so called breakup, whatever
it was, was hard for both of them?
A. Yes.

Q. And they both talked about their pain?
A. Yes.

Q. You were aware, however, that they spoke to each other on a daily basis?
A.    Yeah, they were still friends.
Q.    Okay. And their friendship was readily apparent to all who knew them.

A. Yes.

Q. Is that correct?

A. Correct.

Q. Neither of them appeared bitter, they appeared sad, but
not bitter --

A. Yes.

Q. -- about the relationship; is that correct?
A. Correct.

Q. And you observed that Hae Min Lee was trying to
build another relationship?

A. Yes.

Q. And with a person she worked with; -
A. Yes.

Q. -- is that correct?

A. Correct.

Q. But that she was having a hard time putting aside her
feelings for Adnan?

A. I wouldn't go so far as to say that. I know that she
had difficulty deciding whether or not to break up with
him, and she did work through it.

Q. Then she worked through it?

A. Right.

Q. And she shared some of that with you; correct?
A. Yes.

Q. And you shared some of it from the other side with Adnan; correct?
A.    Correct. Yes.
Q.    You observed Adnan during this period past the breakup; is that correct?

A. Yes.

Q. And did you ever observe him to appear to be bitter?

A. Not bitter, no. Sad, yes.

Q. And did -- sad. Sad about the breakup?

A. Yes.

Q. Is that correct? And sad about the loss of the love?

A. Yes.

Q. But you never heard from him or observed bitterness from him toward Hae?
A.    No.
Q.    From him you observed on a daily basis an expression of love?

A. Correct.
Q~
Okay.
And he was not shy about expressing that?

A. No.

Q. Even though you had heard from him and observed the pain
that it caused him to go against his parents' approval?
A.    Correct.
Q.    Did you, Ms. I-" well, let me ask you this. You knew when Adnan got a phone, a cell phone, did you not?
A.    Correct.
Prior to that he had a pager, did he not?
A. Yes, he did.

Q. And that a pager was the way in which all of his friends normally got hold of him?
A. Right.
Q.    Including Hae?
A.    Yes.
Q.    And you were aware that even after the breakup, ~ae continued to page Adnan and give him messages of love?

A. Yes.

Q. Reassuring him of her love for him?
A. Correct.

Q. And that he continued to talk to her about his feelings,
including his own feelings of sadness?
A. Yes.

Q. Now~ Ms. ~, did you attend, as a member of the senior class, the homecoming dance that occurred, I think it was Halloween weekend in the Fall of 19987
A. NO, I did not.

Q. No. Did you attend the Junior Prom the year before?

A. Yes, I did.

Q. Okay. Now, you were aware when Adnan got arrested and accused of this crime?
A.    Yes.
Q.    Has - you continued to maintain your friendship with him?
A.    Yes.

Q. Have you continued to speak with hlm?
A. Yes.

Q. How often?

A. Over the summer, usually every day.
Now, probably
at least once a week.

Q. At least once a week~ even now?
A. Yes.

Q. And that's by telephone?

A. Yes.

Q. And in addition to telephone, do you write to him?

A. Yes.

Q. And how often do you do that?

A. Usually when I don't hear from him for the week,
I'll sit down and write him a letter.

Q. Do you still consider him to be your good friend?
A.    Yes.
Q.    Have you ever been to Adnan's home where he resides with two brothers and his parents? A.    No.
Q.    To you knowledge, has any of the grouping of you all from the magnate program ever been inside his home?
A.    Not to my knowledge.

Q. Okay. And that doesn't surprise you, does it?
A. NO.

Q. Okay.
Now, are there other Muslims in the magnate group?
A.    Yes, there are.
Q.    Okay. And you are, while not a scholar, familiar with some of how Islam works?

A. Yes.

Q. Are you not?

A. Yes.

Q. And you have had conversations with Adnan regarding
the pain and sadness of challenging the tenants of his own religion?
A.    Correct.
Q.    Have you not?
A.    Yes.
Q.    And has Adnan always appeared to you to be a thoughtful person about his actions?
A.    Very much so.
Q.    After the breakup, that you were aware of, between Hae Min Lee and Adnan, were you aware that he was exploring other female relationships?
A.    Yes.
Q.    Did he share that information with you? A.    Yes.
Did you find that odd?

A. No.

Q. That he was going ~o enter into anosher relationship that was also going to be or invite his parents' disapproval?
A.    No.
Q.    Not at all?
A.    No.
Q.    The -- you were speaking about the day before the Crisis Intervention, Aisha~ her relationship to Hae Min Lee was what?
A.    Her best friend.
Q.    Okay. And there's a person in your class by the name of Rebecca ~?

A. Yes.

Q. And what was her relationship with Hae Min Lee
A. She was another one of her best friends.

Q. Her best friend.
And there's a person by the name of
Debbie

A. Uh-huh.

Q. Is - and who was she in relationship to Hae Min Lee?

A. [ know that she was a close friend of Hae.

Q. But not a best friend?

A. Not as much as Aisha, but I know that she was
close to her.
Q.    Okay. ;hnd not as much as Rebecca? A.    Correct.
Q.    All right. There's another person who's name you mentioned, Stephanie. ~s that Stephanie A.    Yes.
Q.    And you've known Stephanie~since your beginning at Woodlawn?
A.    Yes.
Q.    Did you go to the same middle school as Adrian? A.     No, I didn't.
Q.    Or as Stephanie?
A.    No.
Q.    Or as Aisha?
A.    No.
Q.    So you met all of them when you all started as ninth graders?
A.    Correct.
Q.    And all of you were in the Gifted and Talented program?
A.    Yes.
Q.    And so you shared classes with all of them throughout your high school career?
A.    Correct.
Q.    At least one, if not more classes a day?

A. Yes.

Q. Is %hat correct? Now, you were on this program when you
left at the regular time every day in the morning;
is that correct?

A. At i0:00 --

Q. Back
- back in January of 19997

A. Yes.

Q. And then you then worked and you got credit for that, did
you not? That was sort of part of what you did?

A. No, I didn't get any school credit for it because
I had finished my graduation requirements as is, so it was
just of free will~

Q. Okay. So you were doing that of your own free will, but
you did it five days a week?

A. Yes.

Q. The only time that you were required to be in school was in the morning?
A.    Correct.
Q.    All right.
Now, did you know a person by the name of Jay Wilds?

A. Oh, yes.

Q. And how is it that you knew him?
A. AS being the boyfriend of Stephanie ~
Q. Okay. A~d Stephanie ~relationship
to Hae Min Lee?
A.    I believe that they were acquaintances. Y didn't see them very much so as friends, but they knew each other.
Q.    They knew each other because they matriculated in the same Gifted and Talented?
A.    Correct.
Q.    And were you aware of Stephanie ~ relationship with Adnan?
A.    Yes.
Q.    What was that?

A. I believe she called herself his best friend.
Stephanie McPherson described herself as Adnan Syed's best friend?
A.    Yes.
Q.    And from what you observed, did that appear to be true?
A.    For the most part.
Q.    And did you ever observe Adnan speaking abouf his best friend, Stephanie?
A.    Yes
Q.    And did they interact in a way that seemed appropriate for best friends?
A.    Yes.
Q.    Was there ever any intimate sexual relationship
between Stephanie ~and Adnan to your knowledge, or to your observation?
A.    Not to my knowledge, no.
Q.    A~d the -- in regard to Stephanie's relationship with Jay Wilds, was there any other avenue on which you had a relationship with Jay?
A.    No.
Q.    Were you aware that Jay Wilds provided dope for the kids, some of the kids at Woodlawn?
A.    I know that he was involved in that through -
Q. Okay. And was that common knowledge? THE COURT: Excuse me.
"I know he was involved in that through? THE WITNESS: Through -- usually, how people talk in high school, knowing that he was avid in the usage of drugs.
THE COURT: Okay.
Your next question?
BY MS. GUTIERREZ:
Q.    Was it evident that one could get drugs if one wanted from Jay?
A.    If they wanted to, yes.
Q.    Okay. And was there any other avenue of relationship that you ever had with Jay?
A.     No, never.
Q.    Was there any avenue that you were aware of from any source including from Hae herself that led you to believe that she had any independent relationship with Jay Wilds?

A. NO.
MS. GUTIERREZ: Okay. Thank you.
Nothing further.
THE COURT: Any redirect?
REDIRECT EXAMINATION
BY MR. []RICK:
Q.    These new relationship that the defendant was forming, he kept them from his parents, too, did he not? A.    Correct.
Q.    Now, when you were ever with Hae Min Lee, did she have a pager?
A.    Yes, she did.
Q.    Would you ever notice her receiving pages from the defendant?
A.    When I was with her, a few times, yes.
Q.    Enough to be noticeable?
A.    Yes.
MR. L~ICK: Nothing further.
THE COURT: Anything further?
RECROSS-EXAMINATION?
BY MS. GUTIERREZ:
Q.    Was there anything unusual about her receiving pages from her boyfriend?
A.    No.
Q.     Or from someone even after she was no longer a girlfriend to considered him to be a good friend? A.    No.
Q.    Did most of the kids at the school have a pager and/or a cell phone?
A.    Yes.
Q.    There was nothing unusual about that at all? A.    NO.
MS. GUTIERREZ: Thank you. Nothing further.
THE COURT: All right.
May this witness be excused, Mr. Urick?
MR.
URICK: Yes.
MS.
$UTIERREZ: Yes.
THE COURT: May this -- Okay. Very well.
And again, is this witness gonna be released from -One moment.
MS. MURPHY: She can be released.
THE COURT: Very well. You're released from subpoenas. Let me advise that you are a sequestered witness. You may not discuss your testimony with anyone else; That is, anyone that's testified already, or anyone who is scheduled to testify~
THE WITNESS: Okay.
THE COURT: I will also advise you you're welcome to sit in the courtroom if you would like, or, at this time, you're free to go.
THE WITNESS: All right. Thank you.
(The witness was excused~)
THE COURT: Your next witness, Mr. Urick.
And before we do that, ladies and gentlemen, note that it's a few minutes before 4:00. Normally we take a break. You've been sitting her for almost two hours. By a show of hands, if you'd like to take a break to walk back to the jury room, please raise your hand? We'll take a walk. Otherwise, we'll just keep going on.
Would anyone like to take a break, stretch your legs? Okay? Just raise your hand, it's not a big deal, we normally take a break.
A JUROR: Can we stand for a minute? THE COURT: Yeah, you're welcome to stand up, stretch your legs. Otherwise, we'll keep going, and as we go, as I said, we're gonna stop at 4:30 today.
Let me know if there's a problem.
The next witness may come in.
Ma'am, for a moment I'm just gonna ask you to sit down. My jury's standing up and stretching their legs.

~- Madden, would you like a break? Are you
,- White, are you okay?
~use.)
}{E COURT: I'd like you to stand, raise your face Mr. White as he gives you the oath.
AISHA TINEA
oduced on call of the State, having first <~rn, was examined and testified as follows: {E CLERK: YOU may be seated. Please keep ~p, state your name and your address for the
[E WITNESS: Aisha Tinea Catonsville, Maryland.
DIRECT EXAMINATION • MS. MURPHY: ~. ~ ~ood afternoon.
ie
Could you please ladies and gentlemen what is your aye?
5 where are you currently attending school? orge Washington University.
~d what course of study do you plan to pursue
m in pre-med, and I'm double majoring in
biology and psychology?
Q.    Now, did you attend Woodlawn High School? A.    Yes~
Q.    And while you were there, you were in the magnate program?

A. Yes.

Q. In the Gifted and Talented program?
A. Yes.

Q. Do you know the defendant, Adnan Syed?
A. Yes.

Q. How do you know him?

A. A person in my class.
Q,
How long have you known him?

A. Since sometime in elementary school. I'm not exactly
for sure when~

Q. How about the victim in this case, MS. Hae Min Lee. Did
you know her as well?

A. Yes.

Q. How long did you know her?

A. Since the ninth grade.

Q. Can you describe your relationship with Ms, Lee? Can
you characterize what type of relationship you had with
her?

A. She was my best friend.

Q. Were you also aware of the relationship between
Ms. Lee and Mr. Syed?
A.    Yes.
Q.    When did you first become aware of that relationship?
A.    I can't tell you an exact date, but around whenever it started. I don~t know exactly when.
Q.    Okay. Do you recall how long they dated? A.    For about -- I'd say about ten months or so.
Q.    During the course of their relationship, did you become aware of breakups that occurred? A.    Yes.
Q.    Do you recall one specific incident that occurred around Halloween of 1998?

A. Yes.

Q. What do you remember about that?
A. Just that things weren't working out and the~ broke up.
Q.    Was there a trip that was planned, which you attended and which Ms. Lee, as well as the defendant, were scheduled to attend, as well?
Yes.

Q. What was that?

A. We were going to Adventure World for Hallowscream.
Q.    /hnd .when was that trip?

A. I believe it was on Halloween day, se October 31st.

Q. Did Ms. Lee attend?

A. No.

Q. What happened and why did she not go?
A. She said something about she wasn't allowed to go and her mom didn't want her out of the house, and she, I think, might have had to go to work. I'm not for sure exactly.
Q.    And was that about the time that Ms. Lee and the defendant broke up?
A.    It was a little after ~hat.
Q.    Did you become aware of a time when they broke up for good?
A.    Yes.
Q.    Approximately when was that?
A.    Mid to late Noven~Der.
Q.    Whose decision was that?
A.    With that one I'm not completely, for sure, whose decision it was.

Q. Did Hae Min Lee indicate to you why they broke up?

A. Yes.

Q. What did she say?

A. Part of the reason was that their parents
didn't know about it, and she didn't like sneaking around.
Q.     I'm gonna ask yGu to remember back to the homecoming dance of 1998. When would that have occurred? A.     I think it was sometime in October, towards the end. I don't know the exact date.
Q.    Did you attend that dance?
A.    Yes.
Q.    Do you recall any particular incident occurring involving the defendant's parents?
A.    Yes.
Q.    What happened?
A.    Adnan's parents showed up, and I don't know what exactly -- everything involved with it was, but it's something about they were looking for Hae or something.
I'm not exactly for sure.
Q.    Did Hae ever discuss with you how she felt about that incident?
A.    Briefly, yes.

Q. And what did she say?
MS. GUTIERREZ: Objection.
THE COURT: Sustained, unless you are able to lay a foundation.
MS.
MURPHY: I'll move on, Your Honer.
THE
COURT: Uh-huh.
BY MS. MURPHY:
Q.    Ms. I in the Fall of 1998~ you had classes with the defendant?

A. Uh huh.

Q. what class or classes did you have with him?
A. A couple; probably English, Social Studies, and Health.
Z think my magnate research class.

Q. When you had classes with the defendant, would it be uncommon for you all to exchange notes occasionally?
A.    No.
MS. MURPHY: May I approach the witness, Your Honor?
THE COURT: Yes, you may.
BY MS. MURPHY:
Q.    Ms. ~ I'm showing you what's been marked for identification as State's Exhibit 38. I'd ask you to observe both the front and back of that page and let us know if you recognize it?
A.    Yes, I do.
Q.    Okay. Looking first at the first page, which is marked with exhibit tag, can you describe what is on that page?
A.    It's a letter from Hae to Adnan talking about something with when they broke up.
Q.    Okay. And you recognize Ms. Lee's handwriting? A.    Yes.
Q.    And on the reverse side, what -- describe what is on that page?
A.    It was a little note in between me and Adnan had drawn in class, I guess. And my handwriting's in pencil, his is in ink.
Q.    Okay. You recognize both your handwriting and Mr. Syed's handwriting?

A. Uh huh.
MS. MURPHY: Your Honor, I would ask that State's Exhibit 38 be moved at this time?
THE COURT: Any objection?
MS. GUTIERREZ: I would abject.
THE COURT: All right. May I see the exhibit? (Pause.)
THE COURT: For the record, I note your objection.
i ask that you indicate a time frame, and, if you're able to do that through this witness, the exhibit will be admitted.
MS. MURPHY: Thank you, Your Honor.
BY MS. MURPHY:
Q.    Ms. ~, based on your review of this exhibit, can you -- do you have an idea of when this note
was written?
A.     It was sometime early in November after the Adventure
World trip.
Thank you.
MS. MURPHY: Your Honor, I'd ask at this time the exhibit be admitted.
MS. GUTIERREZ:
Same objection, and renew the objection. Prejudicial.
THE COURT: There's two parts of handwriting on it. There's one on the front, there's handwriting on the back. The wisness has testified as to when she wrote on the back, and are you saying you wrote on the back in November?
THE WITNESS: Yes.
THE COURT: Okay. Do you know when the front page of that was written? Of if there's anything in that that would indicate to you the time frame, based on your knowledge of the relationship between the parties? THE WITNESS: This was also written in the beginning of November, sometime after the Adventure World trip.
THE COURT: And how do you know that? THE WITNESS: Content of the letter.
THE COURT: Very well. It'll be admitted over objection.
(State's Exhibit No. 38, having previously been marked for identification, was received in evidence.)
MS. MURPHY: Thank you, Your Honor. Your Honor, I would ask to publish this letter to the jurors by way of Ms. ~ reading first the front side and then the back side?
THE COURT:
Any objection? I know you have an objecnion to the --
MS. GUTIEKREZ: Only to the --
THE COURT: I understand that you have an objection --
MS. GUTIERREZ: -- document.
THE COURT: -- to the document. That's preserved. Do you have any objection to the process of her reading it as opposed to passing it along the jurors and having them read it?
MS. GUTIERREZ: I do. I'd prefer the jurors read it.
THE COURT: I'm gonna allow the witness to read the exhibit.
One caveat: You may not read anything that is not visible to your eye. You may not decide what
something says if it is not clearly written.
If you cannot make it out because it's not clearly written, you are to say "and something is there." DO you follow me?
THE WITNESS: Uh-huh.
THE COURT: You may proceed.
MS. MURPHY: Your Honor, if I may first.
BY MS. MURPHY:
Q.    Ms. ~, when was this note exchanged between you and the defendant? What's -- during what period of time of day?
A.    Based on something written on it, I'm guessing Health class?
Q.    Okay. If you would please read the first page? A.     "Okay. Here it goes. I'm really getting annoyed that this situation is going the way it is. At first I kind of wanted to make this easy for me and for you.
"You know people break up all the time. Your life is not going to end. You'll move on and I'll move on. But apparently you don't respect me enough to accept my decision.
"I really couldn't give damn about whatever you want to say. With the way things have been since 7:45 am this morning, now I'm more certain that I'm making the
right choice.
The more fuss you make, the more I'm determined to do what I gotta do. I really don't think I can be in a relationship like we had, not between us, but mostly about the stuff around us.
I seriously did expect you to accept, although not understand. I'll be busy today, tomorrow, and probably till Thursday."
THE COURT: Is there something that you cannot read?
THE WITNESS: There is.
THE COURT: Then say, ,,There's something I cannot read."
THE WITNESS: There's something I can't read.
,,Other things to do. I better not give you any hope that we'll get back together. I really don't see that happening, especially now.
I never wanted to end like this, so hostile and cold, but I really don't know what to do. Hate me if you will, buE you should remember that I could never hate you."
Signed "Hae."
BY MS. MURPHY:
Q.    Now, are there other notations on that first page?

A. Yes.

Q. Is the first in pencil or in pen?
A. Pencil.

Q. And that would be your writing?

A. Yes.

Q. What does it say?

A. "No I messages."

Q. What does that mean?

A. In Health class we learned something about I messages,
and when you're mad at someone you shouldn't say, "You
make me mad." You should say, "I feel bad when you do this," so that it's not as harsh.
Q.    And you wrote that for what reason? A.    I think when I saw this letter it was in Health class and I wrote it as a joke.
Q.    And what is the next notation on that -- on that page?
A.     It's in pen, and it's Adnan's handwriting, and it says, "Huh, that's a ghetto," and it says "eye." Q.    Okay. Now if you can turn to the second page, and when you read for the jury this page, indicate whether what you are reading is written in pencil or in pen?
A.    Okay. The first thing is in pen, it says, "I'm going to kill," then in pencil it says, "Here's the
thing, Hae's pregnant," and I can't read what it says after that.
Then in pen it say, "You should ask her to make a list of all her symptoms and compare it with the list on the overhead." Then in pencil it says, "Yeah, let me ask her 'are your breasts tender.'" And then something written in pen but scratched out.
And then in pencil it says, "Maybe she was pregnant, she had an abortion on Saturday while we went to Adventure World." In pen it says, "Her clumsy self probably tripped and fell on the way to the clinic and caused an abortion."
In pencil it says, "You would never think she's pregnant, and every time I do anything with a guy I think I am." In pen it says, "Whenever you kiss a guy, you probably think you're pregnant. She's scheduled for sonograms and she's still in denial." And then in pencil, it says, "Not that bad for me, for her, hell yeah."
Q.    What subject matter were you studying in Health class at that point?

A. Pregnancy.

Q. Did you have any personal belief or knowledge that Ms.
Lee was pregnant at the time you made these remarks?
A.     No.

Q. Ms.~ --
THE COURT: One moment.
And again, for the record, your remarks are written in pencil?
THE WITNESS: Uh-huh.
THE COURT: YOU may continue.
MS. MfLTRpHY: Thank you, Your Honor.
BY MS. MURPHY:
Q.    Ms. Pittman, did you at some point become aware that Ms. Lee began a relationship with a Donald Clinedienst?
A.    Yes.
Q.    When did you become aware of that? A.    Beginning of -- well, a little bit -- the very end of December.
Q.    Had you ever met Mr. Clinedienst? A.    Yes.
Q.    How did you meet him?
A.    She worked in LensCrafters. I would drop by her store I met him once or twice then.
Q.    Was he an employee there, or was he visiting Ms. Lee, also?
A.    He was an employee there.
Q.    Are you aware of her first date with Mr.
Clinedienst?
A.    Yes.
Q.    Do you know when that was7
A.    Not exactly. It was either right before New Year's Eve or right after, like, the day before or the day after.
Q.    Did Ms. Lee express to you how she felt abou~ this new relationship?
A°
Yes.

Q. What did she say7

A. She was just really excited about it.

Q. MS. ~ I'm gonna ask you now to remember back to
the day that Ms. Lee disappeared.
Had you seen her in school that day?

A. Yes.

Q. What was the last point you saw her that day?
A. Right at the end of the school day at 2:15 in Psychology class.

Q. Was she with anyone else at that point?
A. At the time she was talking to Adnan.

Q. How did you find out that MS. Lee was missing?
A. Later that day her mom called my house and asked if
I knew where she was.

Q. Did you discuss that with anyone else that afternoon?
A.    Yes. I think -- I know I did, but I don't remember what time. I know I talked to Crysta about it some time in the day.

Q. And did police or detectives ever call you?
A. Yes. After her mom called me, a police officer called.
Q.    And why did that officer call you? A.    He called saying that she was supposed to pick up her little cousin from day care or something, that she hadn't, if I knew where she was.
Q.    Did there also come a time that you learned that Ms. Lee's body had been discovered?
A.    Yes.
Q.    How did you find out?
A.    Her brother called me.
Q.    Did you see the defendant that day or anytime thereabouts?
A.    Yes. He came to my house that night.
Q.    was he the only person who came to your house? A.    No, also Crista and Stephanie.
Q.    Did you go to school the next day? A.    Yes.
Q.    What was going on at school that day? A.    There were Intervention Crisis people talking to us, and every -- most of my friends left halfway
through the day.

Q. Did you also leave?

A. yes.

Q. Did (he defendant attend school tha5 day?
A. Yes.
MS. MURPHY: With the Cours's indulgence, please?
THE COURT: Yes.
(Pause.)
MS. MURPHY: May I approach the witness, Your Honor?
THE COURT: Yes, you may.
BY MS. ~g/~PHY:
Q.    Ms. Pittman, again, looking at State's Exhibit 38 which is noW in evidence, I'm asking you to focus on the first line of the second page?

A. Okay.

Q. Can you read that line for the jurors?
A. It says~ "I'm going to kill."

Q. Do you have any personal recollection of seeing that line
on the particular day you've described?
A. No.

Q. Thank you.
MS. MURPHY: Thank you, Your Honor. I have no other questions.
CROSS-EXAMINATION
BY MS. GUTIERREZ:
Q.    Ms.
m the letter that you read is clearly a letter from handwriting that you recognize from your best friend as addressed to Adnan, a person in your words you attended classes with, outlining the breakup of the relationship and her disapproval of his inability to accept her breaking up; is it not?
A.    Yes.
Q.    You got this letter from the person to whom it was addressed; right?
A.    Yes.
Q.    The person who had been involved with your best friend; correct?
A.    Yes.
Q.    He shared it with you in the middle of Health class; correct?
A.    Yes.
Q.    And the topic of that Health class was pregnancy, was it not?
A.     It was.
Q.    And then on the back of this letter, your best friend expressing her dismay at her then ex-boyfriend, you and he have a sort of little tiff about whether or not Hae, your best friend, his ex-girlfriend, might be
pregnant; is that correct?
A. Yes.
Q.    It's sort of a joke, is it not? You're dissing your best friend in your handwriting, are you not? A.    I am.
Q.    And he's dissing her, is he not? And you did that in school --
THE COURT: Wait, wait.
Can I have a moment? You can't just nod your head.
THE WITNESS: Okay.
THE COURT: Because this gentlemen over here is a stenographer. He must repeat what you've said.
THE WITNESS: Okay.
THE COURT: When you nod there's nothing.
Okay?
THE WITNESS: Okay.
THE COURT: So if you would answer yes or no when Ms. Gutierrez asks you a question.
THE WITNESS: Okay.
THE COURT: I apologize for interrupting -MS. GUTIERREZ: That's all right. Thank you Judge.
THE COURT: -- but I wanted the record to be clear.
BY MS. GUTIERREZ:
Q.    And you engaged in this little riff in the middle of class; is that correct?
A.    Yes.
Q.    Now, you knew that at some point, in fact, it appears to be days after the missed Adventure World trip, missed by Hae but not by Adnan, that she broke up with him; correct?
A.    Correct.
Q.    A~d then her intent~ based on not just that letter, but what you knew from your best friend was to break up forever, was it not?

A. Correct.

Q. But forever didn't turn out to be forever, did it?

A. No.

Q. Forever never turned out to be forever on a number of occasions with your best friend Hae and her ability to decide to remain in a relationship that had some difficulties?
A.    Correct.
Q.    Okay. She broke up with him or took recesses from him on a regular basis; isn't that correct? A.    Not on a regular basis. I only know of two occasions.
Q.    Okay. On two occasions, and this is a
relationship that you said, at its longest, lasted about ten months; is that correct:
A.    Correct.
Q.    You said, Ms~ ~ you don't remember when it began but you do recall that it began a5 or about Junior Prom in the Spring of 1998; is that correct?
A. Yeah.

Q. They went to the Junior Prom together, didn't they?

A. Yes.

Q. They got fixed up or suggested that they do tha~ by
somebody other than themselves, did they not?
A. Not that ! know of.

Q. You weren't aware of that?

A. No.

Q. You weren't aware of how they happened to have a date with each other to attend the Junior Prom? A.    NO.
Q.    No. Now, this best friend, Hae Min Lee, had been your best friend for how long?
A.    Since tenth grade.
Q.    Okay. You talked to her on a daily basis, did you not?
A.      Correcn.
Not just in school but outside of school;
correct?

A. Correct.

Q. You visited her at her home?

A. Yes.

Q. And she visited you at yours?

A. Yes.

Q. You spent a lot of time with her, did you not?
A. Yes.

Q. And because of her relationship with Adnan, you ended up
becoming closer to Adnan just 'cause she sort of pulled you all together; isn't that correct? A.    Correct.
Q.    That Adventure world trip that she chose to miss because, in your words, "Her mother wouldn't allow it, she wasn't allowed to go, her mother objected," Adnan, in fact, attended, did he not?

A. Correct.

Q. There was nothing unusual about that, was there?

A. NO.

Q. A lot of social events occurred where a number of your
classmates who were not girlfriend or boyfriend with each
other would go do things together; correct?
A. Correct.

Q. That would include movies; correct?

A. Yes.

Q. Going to each other's houses?

A. Yes.

Q. Having snowball fights?

A. Yes.

Q. Any number of social activities; is that correct?
A.    Yes.
Q.    The group didn't necessarily socialize just by locked up groupings of two who happened to be girlfriend and boyfriend at any given moment; is tha~ correct? A.    Yes.
Q.    So, now, your best friend shared with you her ups and downs in her relationship with Adnan, did she not?

A. She did.

Q. You were aware that she kept a diary, weren't you?

A. Yes.

Q. She shared that diary with you, did she not?
A. 0nly on one or two occasions.

Q. Okay. And on those occasions you read the entries,
did you not?

A. Yes.

Q. For the bulk of the time, from the time of the
beginning of her relationship all the way through the beginning of January, most of the diary entries concerned her concerns about her love for Adnan and the conflicts with him and his family because his religion forbade their relationship, did they not?
A.    From what I remember, some of them were.
How many were, I don't know.
Q.    The ones you read were, weren't they? A.    Some.
Q.    okay. For the bulk of that time period, whether Adnan and Hae were on and off was really determined by Hae, was it not?
A.    Yes.
Q.    And any of the times when Hae took a break from the relationship, whether she declared it to be forever or not, Adnan, whom you saw five days a week and shared classes with, continued to live, did he not? A.    Yes.
Q.    And he continued to interact with your grouping of friends, did he not?
A.    Yes.
Q.    He didn't break his relationships even when Hae sort of put him out there and said, r,No more," did he? A.    No.
Q.    And he continued to speak with you, did he not?

A. Yes.

Q. A~d with all of his other high school friends? A,
Yes,

Q. And you have heard that, did you not?
A. Yes.

Q. And the bulk of you all in the magnate program knew each
other far better 5han the rest of the 1700 students
at Woodlawn, did you not?

A. Yes.

Q. And for the most part~ you consider yourself friends,
but there would be qualitative differences as to who was
with who; is that correct?

A. Yes.

Q. Hae's best friends were yourself; correct?
A. Yes.

Q. And then there was a woman by the name of Rebecca
Walker?

A. Yas~

Q. Is that correct? And among other friends was a woman by
the name of Debbie~

A. Yes.

Q. Debbie~would consider herself the best friend of Hae, would she not?

A. Yes.

Q. But Hae might not necessarily consider Debbie
~her best friend?
A.     No.
Q.    No. Is that correct?
A.    Yes.
Q.    Meaning     the no meaning Hae didn't consider Debbie~ her best friend; correct?
A.    Correct.
Q.    Yes. Okay. And there were lots of others.
Another classmate was a woman by the name of Stephanie was there not?
A.    Yes.
Q.    And Stephanie ~ prior to Hae's and Adnan's hooking up, was the best friend of Adnan, was she not?
A.    As far as I know, yes.
Q.    And you observed that in the -- almost at ~ha[ point, three and a half years you had observed Adnan; correct?

A. Correct.

Q. You didn't go to middle school with Adnan, did you?

A. For two years, but not --

Q. Okay.
So you knew him before then; correct?
A. Yes.

Q. But Adnan was never a close personal friend?
A.     No.
Q.    ~_nd you never spent time with him, really, on any regular basis until your best friend Hae became his girlfriend?
A.    Correct.
Q.    Is that correct? Okay. Now, you said you became aware of the breakup was the question you were asked. You became aware of one occasion regarding Halloween in the Fall of 1998; do you recall that? A.    Yes.
Q.    Now, Halloween day is the day that you recall was the Adventure World trip --
A.    Yes.
Q.    -- that you attended?
A.    Yes.
Q.    And that Adnan attended?
A.    Yes,
Q.    And prior to Halloween, prior to that was this homecoming dance; correct?
A.    Yes.
Q.    And you attended that dance, did you not? A.    Yes.
with a date?

A. No.

Q. Did you -- did your best friend attend?
A.      Yes.
Q.    And did she attend with a date?
A.    Yes.
Q.    That date was --
A.    Adnan.
Q.     -- Adnan, --
A.    Yes.
Q.    -- was it not? And at that point they were going strong; correct?
A.    Yes.
Q.    Even though they had had some recesses in the relationship; correct?
A.     I didn't know of any recesses at the time.
Q.    Were you aware that she refers to the word "recess" in describing breaks in her relationship with Adnan? ,,Her,~ meaning Hae? Were you aware of that? A.     No.
Q.    Did she share all with you as her best friend? A.    For the most part, yes.
Q.    Did she share the fact that she was sexually active with Adrian?
A.    Yes.
Q.    And you were aware, were you not, because she was your best friend, that Adnan was not her first relationship?

A. Yes.

Q. And not her first intimate relationship?
A. Yes.

Q. And from your point of view, did you believe that she
shared everything winh you?

A. Yes.

Q. Okay. And, but you were not aware that she ever used
the term ~'recesses" to describe breaks in their relationship?
A.    No.
Q.    No. Now, in regard to the Halloween -- did the homecoming dance, you saw Adnan there, did you not? A.    Yes.
Q.    You became aware that Adrian's parents came up to the dance to look for him, did you not?

A. Yes.

Q. And you became aware that they found him?
A. Uh-huh.
Yes.

Q. Right?

A. Yes.

Q. And that they essentially chastised him or reminded
him tha~ as a Muslim boy he shouldn't he there?
A. Yes.

Q. You became aware of that, did you not?
A. Yes.
Q.    And that they asked, or somehow somebody asked on their behalf, they wanted to speak to Hae Min Lee? A.    Yes.
Q.     Is that correct? And that someone, his mother or his father, actually spoke to her; correct? A.    Not that I know of.

Q. Okay. You weren't aware of that? No.

Q. You were aware that Adnan's parents left?
A. Yes.

Q. It was unusual for parents who weren't acting as chaperons to sort of come up to the dance, wasn't it?
A. Yes, yes.

Q. It was an unusual event, was it not?
A. Yes, i~ was.

Q. The fact that it happened sort of spread through
the group of students there, did it not?
A. Yes.
Q°
Everybody knew that there was something happening
while it was happening?

A. Yes.

Q. Is that correct?

A. Yes.

Q. And it was sort of titillating to everybody, was it not?
A.    Yes.
Q.    Everyone, not just you, her best friend, knew that Hae Lee had had an intimate relationship at the time of the Homecoming Dance in the early Fall of 1998 with Adnan, a boy that everyone knew didn't have relationships with girls, did they not?

A. Yes.

Q. Everybody knew it?

A. Yes.

Q. Students?

A. Yes.

Q. All teachers?

A. Not all of them.

Q. Hae didn't hide it from anyone in school, did she?

A. No.

Q. And she didn't hide it from any of her closest friends;
is that correct?

A. Right.

Q. And in school, if one observed Hae Lee and Adnan together, one could conclude from the observation that they were girlfriend and boyfriend, could they not? A.    Correct.
Q.    From how they treated each other; correct? A.    Yes.
Q.    How they spoke to each other?
How they touched each other? Is that correct?

A. Correct.

Q. And how they exhibited their love; correct?
A. Correct.

Q. And that was readily apparent to anyone who observed
them on any kind of regular basis, was it net?
A. Yes.

Q. And during that period of time -- now, you knew Adnan from prior to getting to Woodlawn, you were aware that be was a Muslim, were you not?
A.    Yes.
Q.    ~und you were aware that, as a Muslim, that he didn't dase, were you not?
A.    Yes.
Q.    Most others in your class dated at a certain time, did they not?
A.    Yes.
Q.    At least by the time they got to Woodlawn and were in high school?

A. For the most part, yes.

Q. That they dated members of the opposite sex?
A. Yes.

Q. And out of the group of you in the magnate program,
it would be fair to describe that group as
diverse as to race, would it not?
A.    Yes.
Q.    And diverse as to religion, would it not? A.    Yes.
Q.    And diverse as to any kind of cultural or ethnic background?
A.    Yes.
Q.    And there were net rules that precluded some of you from dating others, were there?
A.    NO.
Q.    And many of the whole group dated within the group, did they not?
A.    Not many, but, yes.
Q.    Okay. It wasn't unusual for people to date within their home group, was it?
A.    No.
Q.    And there was never a time, from the time of 5he Junior Prom, when your best friend and Adnan got together, that it wasn't apparent to those who saw them in school what was the status of their relationship, was it?
A.    No.
Q.    And during that period of time, you were aware that Adnan kept this hidden from his parents? A.    Yes.
Q.    That was a source of great sadness to your best friend, was it not?
A.    Yes.
Q.    And you were aware that that was a source of great sadness and anguish to Adnan?
A.    Yes.
Q.    You got that from him, did you not? A.    I could have. I don't remember the exact conversation.
Q.    And you got it from her, did you not? A.    Yes.
Q.    And ther~ was nothing hidden about this anguish eating up these two young people who professed their love openly?
A.    NO.
Q.    Nothing. Now, after November -- at the Homecoming Dance, were you aware that, in fact, Adrian left with his parents?

A. Yes.

Q. And were you aware that he came back?
A. No.

Q. You weren't aware of that?

A. No.

Q. And you weren't aware that he actually reunited that very
night, even though he left to please his
parents, with Hae?
A.     I know that they ended up seeing each othe~ later that night, bu~ I didn't know whether it was because he came back to the dance or they saw each other later.
Q.    Later the same night of the Homecoming Dance, you're aware from your own personal knowledge, that Adrian and Hae hooked back up?
A.    Correct.
Q.    And their hooking up would have been a violation of all that you knew of that would earn the continued disapproval of his parents who had been moved sufficiently 50 come get their son from the Homecoming Dance?
A.    Correct.
Q.    And after the Homecoming Dance, even though there was at least a little break, Hae and Adnan hooked back up again,
-
A.    Yes.
Q.    4_ did they not? They continued to be boyfriend and girlfriend, did they not?
A.    Yes.
Q.    There came another time, and that time, to you knowledge, occurred before the year 1999; correct? A.    Correct
Q.    And do you recall when? Any date? Any time frame of when there became another break up between Adnan and Hse?

A. Mid to late December, before winter break.

Q. Okay.
Before winter break? Before Christmas?
A. Yes.

Q. And you are aware that, as a practicing Muslim, Christmas
had no significance for Adnan; correct?
A. Correct.

Q. And your best friend, Hae Lee, was she a pracnicing person of any religion?
A.     I don't know if she -- what do you mean by ~'practicing"?
Q.    Did she practice her religion on a regular basis?
A.    On a regular basis, no, but she celebrated holidays like Christmas.
Q.    She celebrated holidays. Is it -- do you know what religion your best friend was?
A.    No.
Q.    Do you know what -- do you know if she belonged to a church or a similar-type institution?
A.    No. I remember her saying something that she was Christian but her grandmother was in different religions and, therefore, it created some conflict so she
didn't practice anything.

Q. So she practiced no religion?

A. Yes.

Q. But she observed what appeared to be Christian holidays?

A. Yes.

Q. Such as Christmas?

A. Yes.

Q. Is that correct?

A. Yes.

Q. And did you, on your best friend's behalf, ever initiate
any discussion with the person who was in your class by
the name of Adnan Syed?

A. Can you repeat that?

Q. Did you, as her best friend, ever initiate any discussion about these issues or their relationship, with Adnan, who shared classes with you?
A.    Did I ever initiate? I could have. I don't know of any specific incidents.
Q.    You don't recall any specific incidents? A.    No.
Q.    But you do recall speaking to him about the relationship?
A.    Yes.
Q.    Much the same way you did in the letter that
you read us?

A. Yes.

Q. Sometimes it was rifling, was it not?
A. Yes.

Q. Making jokes?

A. Yes.

Q. Treating things lightly?

A. Yes.

Q. And sometimes that occurred whether they were together
or whether they were apart?

A. Correct.

Q. According to this letter, and according to your testimony, they would have been apart during the time that you rifled on the possibility of her being pregnant? A.    Yes.
Q.    Was there ever an actual pregnancy scare? A.    Yes.
Q.    Of Hae?
A.    Yes.
Regarding Hae being made pregnant by Adnan or by someone else?
A.    By Adnan.
Q.    By Adnan. And had that scare done anything to Hae that you observed?
A.    NO.
Q.    Did that impact at all on whether or not they remained together?
A.     No.
Q.    Was Adnan, to your knowledge, made aware of that scare?
A.      I'm not for sure.
Q.    Okay. And you don't remember -- you're not for sure as to whether or not he was made aware? A.    I don't remember.
Q.    Would you have expected to be made aware of that information by your best ~riend?

A. Yes.

Q. This time you riffed on a pregnancy; correct? A~
Yes.

Q. You weren't talking about a real pregnancy?
A. No.
Q~
Or a real concern by your best friend; is that correct?

A. Yes.

Q. This, the back of that exhibit, was a joke, was it not?

A. Correct.

Q. It wasn't meant %o be real, was it?
A. No.

Q. And you never had any real conversation with
Adrian about your best friend's real scare about a possible pregnancy, did you?
A.    Not that I can recall.
Q.    Okay. During any of the time that you spoke -and I assume -- now, when you went to Adventure World, who else went wish you and Adnan?

A. Christa and Lorn
A.
Q. Christa~

A. Yes.

Q. And who?

A. Lorna~
Q. Lorna. And was that a pleasant occasion?
A. Yes.

Q. And did you speak to him during that outing?
A. Yes.

Q. Did you speak to him about the breakup with Hae Min Lee?
A.     i5 wasn't a breakup at that time.
Q.    Well, I thought that you recalled, and you told us and you testified, you recalled a breakup shortly after Halloween; --
A.    Yes.
Q.    -- is that correct?
A.    Yes, after the trip.
Q.    Okay. After the trip came the breakup?
A.    Yes.
Q.    At any time after then did you speak to him about that breakup?

A. Yes.

Q. And did you sense his sadness over it?
A. Yes.
Q~
And was he able to express those emotions to you?

A. Yes.

Q. And did he ever express to you any -- not anger or emotion, but a desire to hurt the woman that he loved after she broke up with him?
A.    No.
Q.    Never. And if he had, you certainly would have done something about it, would you have not? A.    Yes.
Q.    To protect your best friend?
A.    Yes.
Q.    Is that correct? Now, after -- I was gonna ask you. There's another woman that you've identified, and I'm not sure if I asked you that you knew was best friends with Adnan by the name of Stephanie ~ A.    Uh-huh.

Q. Is she somebody you would describe as a good friend?
A.    Of mine?
Q.    Yes?
A.    No.
Q,    And is she someone you would describe as a good friend of Hae Min Lee's?

A. NO,

Q. No.
A/ad there wasn't any animosity, was there?
A. No.

Q. And you understood from your own observations participating in the same magnate program that Stephani~ had continued to be the best friend to Adnan since when they were in middle school?
A.    Yes.
Q,    You were aware that Stephanie had a boyfriend outside the group of magnate students, were you not?
A. Yes.

Q. And you knew than person, did you not?
A. Yes.

Q. His name was Jay Wilds, was is not?
A. Yes.

Q. And you didn't consider Jay Wilds a close personal
friend, did you?

A. No.

Q. And your best friend, Hae Min Lee, didn't consider
him a close.personal friend did she?
A.     No.
Q.    He was not somebody who was totally welcome open arms into things that you amd your friends did, did they?
A.    No.
Q.    But he was present often because of his relatiouship with Stephanie ~ was he not? A.    Yes.
Q.    Re was also present because he supplied dope to s[udents at Woodlawn?

A. Not that I knew of.

Q. You didn't arrange to get any dope from Jay?
A. No.

Q. You had no relationship with him about those things?
MS. MURPHY: Your Honor, I'm gonna object at this point.
THE COURT: Overruled.
MS. MURPHY: This is beyond the scope, THE COURT: Overruled.
You may continue.
BY MS. GUTIERREZ:
Q.    Did you become aware from any source that that's what he did?
A.    No.

Q. Or that others got their dope from him?
A. NO.

Q. Were you aware whether or not he owned his own car?

A. No.

Q. Did you ever become aware that he borrowed~ not only the
car of his girlfriend, but of other students up at Woodlawn on a regular and repeated basis? A.    Yes.
Q.    Okay. And that's 'cause you could observe that, could you not?

A. Yes.

Q. And other students talked about it, did they not?

A. Yes.

Q. At the time you saw nothing particularly untoward
about that, did you?

A. No.

Q. About them lending this guy, who was somebody's boyfriend, their car?
A.    NO.
Q.    Now, you became aware when your best friend got her license to drive, did you not?
A.    Yes.
Q.    That was in the early Fall of 19987
A.    Yes.
Q.    And that shortly after she got her license, her family acquired a car for her, did they not?
A. Yes.

Q. And that thereafter she then drove every day to school?

A. Yes.

Q. And drove herself to her work?

A. Yes.

Q. And you were aware of her athletic activities, were you
nos?

A. Yes.

Q. And that among the athletic activities that she participated in was field hockey?
A.    Yes.
Q.    And if you could, Ms. ~ did you engage in athletics?
A.    Yes.
Q.    What time of year is field hockey? A.    Fall.
Q.    Fall. And she participated in the development of the fleld -- women's field hockey team, did she not? A.    Yes, but not senior year.
Q.    Not senior year.
And you were aware that she also played other sports?
A.    Yes.
Q.    Among them was lacrosse?
A.    Yes.
Q.    And lacrosse is a Spring sport?
A.    Yes.
Q.    And did she participate in lacrosse prior to her senior year?
A.    Yes.
Q.    Okay. And in addition to those sports, did she engage in any others?
A.    Not playing, but she managed the wrestling.
Q.    Okay.
She managed wrestling, and wrestling was a boy's sport?
A.    Yes.
Q.    And by managing it, she sort of had to be there at all their practices?

A. No.

Q. Then she had to be there when they went to games?

A. About half of them.

Q. She should have been there?

A. Yes.

Q. Or she was expected to be there the bulk of what that
team did, did she not?

A. Yes.
Q.    'Cause that was part of her responsibility? A.    Yes.
Q.    Isn't that correct? And in addition to all those activities, you are aware of, of what a good student she was, were you not?

A. Yes.

Q. And she regularly attended school?
A. Yes.

Q. And she also worked part time at LensCrafters?
A. Yes.

Q. Did that include night time employment?
A. Yes.

Q. And Saturday and Sunday employment sometimes?
A. Yes.

Q. And she lived on a fairly regular tight schedule
just to meet all of her obligations; isn't than correct?
A.    Yes.
Q.    You were aware for her periods of time after school ended, -- now let me get this straight -- the 2:15 end time, is that when school ends?
A.    Yes.

Q. Is that for everyone?
Yes.
Every student in the school ends school at
2:15?
A.    Well, some people have early dismissal, but generally, yes.
Q.    Generally. And after 2:15, were you aware, in the Fall of 1998, how often Hae Min Lee and Adnan would see each other?

A. Occasionally.
Q~
Occasionally?

A. Yes.

Q. On a weekly basis, how do you translate that?
A. Maybe twice a week.

Q. Did you view, based on your observations or what your
best friend told you, as this relationship being serious?
A.    Yes.
Q.    Was Hae Min Lee in love with Adnan? A.    Yes.
Q.    Based on your observations or your conversations with either him or with your best friend, did he appear to be in love with her?
A.    Yes.
Q.    Okay. And you -- you considered it a serious relationship; correct?
A.    Yes.
Q.    Were you aware that they saw each other
regularly after school in the Fall of 1998?
A. What would you define as "regularly'~?
Q. More than twice a week?

A. No.

Q. No. And would that surprise you to learn that?
A. No.

Q. No. Not because you would not be surprised that your
friend, Hae Min Lee, perhaps did not share everything about everything with you?
A.    Can you rephrase that?
Q.    No, I'll just ask another question. Ms.
Pittman, when, in the early weeks of the first of this year, you said you were not sure of the date or time when she began, Hae began to pursue a new relationship, do you recall that?

A. Yes.

Q. But it was either late in '98, -
A. Yes.

Q. -- the end of December, or the first couple days of
January; correct?

A. Yes.

Q. Were you aware that their first date occurred on January is[, 1999?
A.    I don't -- I don't think I -- if I knew that would be the first date, but I knew there was one
occurring then.
Q.    Okay. Would it surprise you to learn that it occurred on January ist, 1999?
A.    No.
Q.    Were you aware, from your own personal knowledge or based on your conversations with Hae Min Lee, that she was interested in moving on from Adnan7 A.    Yes.
Q.    Were you aware that she had some difficulty with her own emotions about that?
A.    Yes.
Q.    That she still struggled, even as she began t~ try to find a new relationship, with her own feelings about Adnan?
A.    Yes.
Q.    That she referred to him, and considered him be her soul mate in life?
A.    NO. I wasn't aware of that.
Q.    You weren't aware of that?
A. No.
Q.    And would that surprise you that she referred to him that way?
A.    Yes.
Q.    Had you ever heard her refer to other boys in her life as the soul mate?
A.     No.
Q.    Would you describe her as an expressive person? A.     To a certain extent, yes.
Q.    Did she show some of her feelings? A.    Yes.
Q.    And did she speak about them readily? A.    Yes.
Q.    If she was upset, one would know it? A.    Sometimes, not all the time.
Q.    Whether     not all the time?
A.    Yes.
Q.    BuE sometimes?
A.    Yes.
Q.    Okay
THE COURT: Ms. Gutierrez, I note that it's quarter of five. I'd indicated that we were going to stop at 4:30, which is all right. I'm not trying to rush you.
MS. GUTIERREZ: I think I'm just about finished. If I can just have a chance to check my notes to make sure --
THE COURT:
Oh, very well. I'm not going to rush you in any way.
MS. GUTIERREZ: Yes, so, I think I covered everything.
THE COURT:
We can continue this on our next day?
(Pause.)
BY MS. GUTIERREZ:
Q.    You say you were asked that you remember seeing Hae talking to Adnan at 2:15 on January 13th?
A. Yes.

Q. There was nothing unusual about that, was there?

A. No.

Q. Even after they broke up?

A. NO.

Q. Even though you don't recall which one did the actual broke up this last time?

A. Yeah.

Q. They still talked to each other?

A. Yes.

Q. They still saw each other?

A. Yes.

Q. And they still considered each other friends?
A. Yes.

Q. And you got that both from your best friend, Hae Min
Lee?

A. Yes.

Q. And you got it from Adnan?
A.      Yes.
Q.    Who you still considered to see -- you saw almost every day in class?
A.    Yes.

Q. Okay~
MS. GUTIERREZ: Thank you. I have no fursher questions.
THE COURT: Any redirect at all? MS. MURPHY: NO, Your Honor.
THE COURT: Very well.
May this witness be excused?
MS. MURPHY: Yes.
THE COURT: You do not require her to return? Is that right, Ms. Gutierrez?
MS. GUTIERREZ: That's correct, Your Honor.
THE COURT:
Mr. Urick?
MR. URICK:
NO~ Your Honor.
THE COURT:
Let me advise you that you are subpoenaed witness but you're now being released from that subpoena. You are a sequestered witness. What that means is that you cannot discuss your testimony with anyone.
THE NITNESS: Okay.
THE COURT: Nor can you discuss it with anyone that may be a witness to come; that is, if you were to
talk to them they may not be permitted to testify. You are also welcome to sit in the courtroom during the remaining course of this trial. Do you understand? TEE WITNESS: Okay.
THE COURT: Thank you very much.
You may be excused.
(The witness was excused.)
TEE COURT: Ladies and gentlemen, we are going to recess court for today. Let me advise you ~hat I've been told that we're expecting a snowstorm on Sunday so, therefore, I'm gonna ask that you be alert as you are passing that copy of Exhibit 34 forward to Mr. White. He will keep it and will fold it and keep them secured. No one will read those items. They will be kept locked away with the other items of evidence, as will your note pads, because you're gonna leave them face down on your chair.
Mr. White will secure them as well with the other evidence in this case. He's gonna place them back on your chair later on at the next proceeding.
Please also be advised that over the weekend you're not to read any newspaper, radio, television, or do any other thing that would provide you information by way of 5he media about this case.
also admonish you that you should not discuss this case with anyone, including your family members, who
I'm sure want to know all about what you've been doing.
But you must advise them that it would be inappropriate, not proper at all for you to discuss the testimony you've heard, the evidence in this case, or anything about this case to anyone, whether it be your family members, another witness, another person, counsel, or anyone else.
If anyone should try to approach you to talk to you about this case, please advise the Court upon your return on Monday. And on Monday, assuming there is no snow, I'm gonna ask that you follow the procedure that I asked you; that is, you do not have to be here at nine o'clock, but rather somewhere between 12:30 and, you know, 1:15 ish~
If you should go to the Jury Commissioner's Office, they will be there prepared to pay you for Monday, and you shall go to my Jury Room here on this floor and wait. At about 1:30, we will be resuming this trial.
And I say at about 1:30 because what I'm gonna try to do is break for 12:30 with the docket and resume this case at 1:30, quarter of 2:00.
Madam Forelady, I'll ask that you count heads, and one cf my staff members will come and check and see if all 17 of you have arrived safely on Monday.
I wish you all a very pleasant and safe journey
home, and a good weekend, and hopefully, I'll see you back on Monday.
If not, on Tuesday morning at nine O'Clock, follow the regular procedure; that is, 9:00 to 9:30, go be paid. I understand that I've been able to resolve my docket for Tuesday, and so, therefore, I'm available both Tuesday and Wednesday. We should have a pretty open days for trial testimony, so we should be able to move the case along during those days.
At this time~ ladies and gentlemen, have a pleasant weekend, and I'll see you, hopefully, on Monday.
(The jury left the courtroom.)
THE COURT:
May I see that? Where did this come from?
MR. URICK:
Detective Bill Ritz.
(Pause.)
THE COURT:
It looks like I have a scheduling issue.
Were copies of this letter provided to everyone? MS. GUTIERREZ: Just now, Judge.
THE COURT: I see it says "cc" but I just it just now myself. It appears that Detective Ritz is currently under subpoena?
MS. GUTIERREZ: Yes.
(Pause.}
THE COURT: All right. This subpoena was
issued by the defense. Has the State requested Mr. -I'm sorry, Detective Ritz to testify in this case? MR. URICK: No, Your Honor. Neither in the first trial or this trial.
THE COURT: All right. And Mr. -(Pause.)
THE COURT: All right. With regard to the notation of a letter from Detective Ritz requesting that I release him from his re~airements under the subpoena, which is why I generally note. First I will note that this letter's an acknowledgement that he has, in fact, received the subpoena. Secondly, I would note that I have an inquiry that the State will not be needing the witness; Ls that correct?
MR. URICK: That is correct, Your Honor.
THE COURT: Defense, do you believe you'll be needing this witness?
MS. GUTIERREZ: Judge, I did, and I will note for the record --
THE COURT: Okay. No, no. Wait. Cause we don't have to have a fight about this. I just want to know --
MS. GUTIERREZ: I don't know. I am willing to look at whether or not Detective McGilvery THE COURT: Can come.
MS. GUTIERREZ: -- can satisfy all of zhem.
don't knew that off the top of my head.
THE COURT: Fine.
MS. GUTIERREZ: You know, it --
THE COURT: He's under sub --
MS. GUTIERREZ: He may or may not.
THE COURT: Me's under subpoena, he will be expected to be available with the following caveat: In the event that by Tuesday we're not able to reach him -MS. GUTIERREZ: I'll certainly try to do this by Monday, to let you know.
THE COURT: -- then we will recess until he's available. And then we'll come back and finish the case.
So, as far as I'm concerned, this is not an issue. I'd ask Ms~ Gutierrez that if you determine between now and Tuesday that you will not be needing Detective Ritz, if you would let the Court know --
MS. GUTIERREZ: Yes, I will.
THE COURT:
so that he may be advised.
If he is advised that he's not needed, no problem. If you advise me that he will be needed, that at the point in time when we need his testimony, we will recess. So that you will have more than enough time to call him.
MS. GUTIERREZ: Well~ the only thing I know,
Judge, I don't -- certainly it can, particularly with the weather, but I don't think that any of us anticipate this trial going up until and including the 16th, which would mean a lengthy delay for the sole purpose of presenting a defense witness.
That presents some great difficulties for a defendant to choose, you know, to cut up his defense to unfairly highlight certain things than others that I believe are not fair and not consistent with due process~ THE COURT: Ms. Gutierrez, I am not going to give in to your strategy, tactical or otherwise, nor am I going to get into how the defense chooses to put on a case, what witnesses to call, whether to call any, all, none. I will not get involved in that.
You've issued a subpoena for a witness, and you heard me say that I accept this as acknowledgement that that witness has received that subpoena. And I will ensure that your witness is available to testify, and if that means we recess the case until he has returned to the continental United States, that's what we will do.
If you choose to call him first, last, or you decide not to call him at all, that is up to you.
MS. GUTIERREZ: No, but --
THE COURT: You've issued nhe subpoen
A. MS. GUTIERREZ: -- the reality is that, you
know, there is no chance of reaching the defense prior to midnight on the second, so our only choice is that the Court has left us is no choice, and so you are impacting on --
THE COURT: That's not true, Ms. Gutierrez -MS. GUTIERREZ: -- waiting two weeks potentially before calling a defense witness, out of turn, unrelated to a cohesive defense.
THE COURT: Well, Ms. Gutierrez, if I recall, you have about 25 to 30 defense witnesses listed.
MS. GUTIERREZ: That's correct, Your Honor.
But --
THE COURT: And so, as far --
MS. GUTIERREZ: -- we're not required to put any of them on --
THE COURT: That's right.
MS. OUTIERREZ: -- and we may not.
THE COURT: That's -- and I -- that's why I said --
MS. GUTIERREZ: Detective Ritz and McGi!very's testimony goes to the only available way to get in certain information about which the lack of disclosure we have complained repeatedly. This is based on disclosure.
They were both served with summonses --
THE COURT: I don't require you to tell me the
reasons for your calling them.
MS. GUTIERREZ: -- to appear as defense witnesses in the middle of the last trial.
THE COURT: I do not require you telling me why.
MS. GUTIERREZ: And that was done that because they insisted. They wouldn't even agree to stay around, although Mr. Urick had them there every day, insisted that the only way they would respond is if we served them with summonses, so we did.
THE COURT: I don't require you to tell me the reason why you're calling them at this time. Nor do I require your telling me what order you want to call them.
I'm just ensuring for you that you have subpoenaed this witness.
I will not release him from that subpoen
A. However, i will accommodate a prearranged travel that is going to occur sometime between February 2nd, and the 16th. You have a copy of that letter.
I will afford him the same opportunity I would you or anyone else, if there were some scheduling issue that came up~
l'm advising you that I will, if necessary, break in 5his trial until that witness is available. If you decide that that is your next witness and you do not wish to call him out of turn, we will recess till he
returns.
If you decide that at that point in trial you would like to call him or some other witness, you are welcome to do that. But I will let you know that I accept this as his receipt of the summons, as acknowledgement of his duty to be present, and I will advise him that upon his return he should let the Court know.
Now, at some point, we may finish the case but for this witness, or it may be that we use that time to go over jury instructions, or in any other way make effective use of the time when the witness is not available. But at this juncture, on a day when a snowstorm is due, when I don't even have any idea if we're gonna be sitting for the first three days of the week at all, I'm letting you know that I will honor your subpoena, the Court will honor it to the extent that this witness w~ll be made available to you, so that he's available for your defense.
All right? Are there any other matters before we break for the weekend?
MR. URICK: Detective Ritz is present if you want to advise him?
THE COURT: Very well. Detective Ritz, I need to advise you that I have received your letter, I have
first acknowledged that you have received the summons, so, therefore, you must honor that summons with ~he exception that you are leaving the United States on February 2nd?
MR. RITZ: Yes, Your Honor.
THE COURT:
Do you know what time you're scheduled to depart?
MR. RITZ: I believe it's 6:45 a.m.
THE COURT: All right. Upon your return, I'd ask that you check in with the Court on February 16th when you return.
MR. RITZ: The Court will be closed at that time, Your Honor.
THE COURT: Well, the next work day. But my law clerk, or no. Mr. White, will you please give the detective my business card? It's right there.
You can still call the Court -
MR. RITZ: Yes, ma'am.
THE COURT: -- and leave a message on my answering machine that you have returned. I would advise you that you need to check with us on February Ist to see whether or not we're gonna recess Or how we;re gonna handle your absence.
MR. RITZ: Yes, Your Honor.
THE COURT: We may not be finished this trial,
I do not know where we will be. And I'd also ask that upon your return that you check with WBAL television to see whether or not the court is open due to the snowstorm.
But you are free to go on this trip that you have planned, that these arrangements have been made prior to your receipt of the summons. According to this you received that summons on January 10th -- I'm sorry -MR. RITZ: That's correct.
THE COURT: -- on January 10th, 2000, and you are under subpoena, hut you will be permitted to leave and travel the period of time from February 2nd to the 16th. However, you need to advise the Court upon your return.
Do you understand?
MR. RITZ: Yes.
THE COURT: You have any questions about what I've just said?
MR. RITZ: No, Your Honor.
THE COURT: Very well. And I thank you for advising the Court of your scheduling thing, and we will do our best to accommodate you in the following way that l've indicated.
MR. RITZ: Thank you very much, Your Honor.
THE COURT: All right. Very well.
Okay now, this Court will stand in recess, and
1
as I said, please keep in mind, WBAL, Channel Ii will 2
advise you if this Court is closed. And I'd ask Mr.
3
White, if you would place this in the Court file? Thank 4
you.
5
(The trial recessed at five o'clock, p.m.)