Saturday, June 5, 2010

Continuing with original trial transcripts

In the last post I put some actual lines from the original trial transcript. I was trying to show how our attorney had no clue what was coming at him. And unfortunately he did not ask. He just waited to see what the witnesses said on the stand and looked back at a deposition that was taken from 4 of the states witnesses 2 weeks prior to the trial. He was kinda blindsided and didn't know enough about the Georgia law to fight it. So unfortunate for us. Each and every witness Mr. Gregor called testified to things that happened in Alabama. And these things were such as, 'I saw Brad wrestling in the floor with JH and he touched his privates.' And one of them said he saw Brad rubbing JH's back. First, he said it was Brad rubbing his shoulders, then a few sentences later, it was his lower back. So which is it? Aren't these witnesses supposed to be telling the truth. None of the witnesses ever saw anything other than things like that. Which is not child molestation.

Our witnesses and Brad were going to testify to the fact that JH and AW showered together and were actually caught doing things with each other that were highly inappropriate. Touching each other and such. Brad's oldest child (we will call her BW) was interviewed by Stacy Long at the CAC, she told Ms. Long during her interview that 'the boys' took showers together all the time. 'The boys' were 14 and 12. Now if you have any son's, you would know that this is unusual for boys that age to do that. Or, at least it would be for my son's. So Mr. Levitt pretty much knew they took showers together because Brad told them. And his wife (now ex) testified to the fact that she would send Brad upstairs to get them out of the bathroom together. But with the application of the RSS, none of this could be told to the jury. Along with the interviews that AW's mother ( we will call her CD) gave to investigators when they came to talk to her.

Here is some of the testimony from JH. I will write it word for word from transcripts.
Questions by Mr. Levitt and answers by JH. This is about 1/4 of the way into his testimony, the beginning of being all the questions about his siblings. Establishing who is full brothers and sisters and who is half brothers and sisters.
Q Mr. H, you took an oath earlier today to tell the truth, the whole truth and nothing but the truth, remember that?
A Yes, sir.
Q When you gave your deposition back on April 27th of this year, that's about 2 weeks ago?
A Okay.
Q You don't disagree with that do you, about two weeks ago?
A Somewhere. I just remember it was Friday.
Q And you gave, again you were under oath to tell the truth, the whole truth, and nothing but the truth?
A Yes, sir
Q Okay. And again, on that occasion I wasn't there and Mr. Gregor wasn't there were we?
A Right.
Q Your sister RW ( Brad's ex, his older sister) lawyer was there?
A Right
Q The court reporter was there?
A Yeah
Q That's the lady like this that takes down the proceedings. And your- Mr. Wade's lawyer, Sherry Dobbins, was there?
A Right,
Q Mr. Wade was not there?
A Right
Q And your mother was present for at least part of the deposition while you were testifying?
A Right.
Q Okay. And did you tell the whole truth, nothing but the truth on that occasion when you were sworn to?
A Yes, sir.
Q And so if I go back and I look at the testimony that you gave today and the testimony you gave that day it should be the same?
A Yes, sir.
Q And there shouldn't be any differences about any of these instances?
A No, sir.
Q Okay. And was your memory better two weeks ago than it is today about what happened in say 2005 or has it gotten better in the last couple of weeks?
A Sorry? I heard it, I just didn't understand.
Q Do you remember things better the closer they are to when they happen?
A Closer they are-
Q For instance, if something happened three weeks ago did you remember it better three weeks ago or do you remember it better today?
A Well, it just depends.
Q Okay. Now, in addition to the two times you've testified to under oath, if I understand-
A This is the second time.
Q Pardon?
A I said this is the second time under oath.
Q Right. In addition to the two times that you've testified to under oath you also gave a statement or talked about this on Easter Sunday to Eric? ( Eric is his older half brother)
A Part of it.
Q Okay. Well, I was going to ask you, you didn't tell him all of it, you just told him part of it?
A Yeah, I told him that one part.
Q Okay. Then you gave a statement, if I understand, to, did you say-did you give a statement to Eric and Christy(another half sister) the next morning? I'm not clear on that?
A I don't remember what they asked me, but did I give them a statement?
Q When you talked about this matter, whatever detail?
A They just asked me questions. I honestly don't remember what they asked me.
Q Okay. And then you gave- go ahead, you going to say something?
A Okay. They asked me like, I remember Christy did ask me he didn't like stick his penis up my butt or anything like that.
Q Then you gave a statement- did you give a statement to the detective and the lady from, I think you called her Stacy Long?
A Yeah.
Q And did you give the same statement to them?
A I told the child advocacy everything.
Q Okay. So everything that is in that statement should be in what you've told us today and in the deposition?
A Yeah.
Q Okay. And you're sure about that?
A Except for one or two things that I remembered the other day.

I am going to stop there for today. My husband and son are about to kill me. It is a beautiful hot day here in Chattanooga today and they want me to come on and do something with them. I will post more of this testimony later. I am trying to show what kind of testimony the actual VICTIM gave. It is amazing how he gets all twisted up.

1 comment:

  1. Just my opinion: Mr. Gregor is pure EVIL and Mr. Levitt is dumb as dirt.

    Angie, it is apparent that Gregor and that judge don't care who they hurt as long as they can say they "solved" a case. Thank you for posting all of this. I know it must be very difficult for you and all of your family, but you are opening our eyes to the injustice and you are helping people like me to see and understand what can happen to us. You are doing a great service to us all by helping us to understand what you have gone through and by helping us to be able to avoid this happening to us. You are a good person and I know that one day your brother will find true justice. I am thankful that you will share more so we can learn from what you have gone through.