Beth Bateman 4 CROSS-EXAMINATION BY MR. MILLER: 11329 1 A No. 2 Q Where did it go? 3 A To its home. 4 Q Okay. So do you know where it lived? 5 A No. 6 Q Had you ever seen the dog before? 7 A No. 8 Q How many times did you see it? 9 A Once. 10 Q Okay. Was it a good dog? 11 A I don't know. 12 Q Did you get to pet it? 13 A No. 14 Q Okay. Did anybody hurt the dog? 15 A I can't remember. 16 Q Okay. Did anybody hurt the rabbit? 17 A Killed it. 18 Q They did? How did they do that? 19 A With a knife. 20 Q Okay. Where did they kill it? 21 A Upstairs. 22 Q Upstairs. Who killed it? 23 A I don't know. 24 Q Well, did you see it when it got killed? 5 A No. 11330 1 Q Well, how do you know it got killed then? 2 A Brooke told me. 3 Q Brooke told you. Okay. And what did she tell you 4 about how it got killed with a knife? 5 A I don't know. 6 Q Um, well, did she say she was upstairs when it got 7 killed? 8 A No. 9 Q Okay. Well, how did Brooke know that it got killed 10 then? 11 A Because they brought it down. 12 Q They did? 13 A Yeah. 14 Q Did they show it to you? 15 A No. 16 Q Well, wasn't Brooke in your class? 17 A Yes. 18 Q Well, did they show it to Brooke? 19 A No. 20 Q Okay. Well, when they brought it down what did they 21 do with it, Beth? 22 A Bury it. 23 Q Where did they bury it? 24 A I don't know. 5 Q Did you see them bury it? 11331 1 A No. 2 Q Okay. Well, how do you know that it got buried? 3 A I don't know. 4 Q Okay. Did somebody tell you it got buried? 5 A Yeah. 6 Q Who? 7 A A girl in Ms. Robin's room. 8 Q A girl in Ms. Robin's room. What was her name? 9 A I don't know. 10 Q Okay. What about the hamster, did anything bad 11 happen to the hamster? 12 A Its skin came off. 13 Q Its skin came off. How did that happen? 14 A A knife. 15 Q A knife. Who did that? 16 A I don't know. 17 Q Well, how do you know that that happened? 18 A Because I saw it. 19 Q You did? Okay. Well, who used a knife on it? 20 A A black man. 21 Q A black man did. And did he say anything when he did 22 that? 23 A No. 24 Q Um, and when he took the skin off of it with the 5 knife what did he do? 11332 1 A I don't know. 2 Q Okay. Where was he when you saw him do that? 3 A Upstairs. 4 Q Upstairs. Okay. So you were upstairs, then, and saw 5 the black man upstairs with the hamster? 6 A Yes. 7 Q Was it just one hamster that he did that to, Beth? 8 A Two. 9 Q Two hamsters. Well, he had his hands full with 10 hamsters, didn't he? 11 A Yes. 12 Q Okay. And when he got the skin off the hamsters did 13 he do something with the skin? 14 A I don't know. 15 Q What did he say to you when he was cutting those 16 hamsters' skin off? 17 A Nothing. 18 Q Well, did he have them in some kind of cage or did he 19 just have them in his hand? 20 A In his hand. 21 Q In his hand. Did he carry them upstairs in his hand? 22 A Yes. 23 Q How did you get up there? 24 A I walked upstairs. 5 Q You did. Well, was anybody else with you besides you 11333 1 and the black man? 2 A No. 3 Q Had you ever seen him before? 4 A No. 5 Q Okay. Was it the same black man that you said you 6 saw the other black man go upstairs? 7 A No. 8 Q It was a different black man this time? 9 A Yes. 10 Q What did his knife look like? 11 A I don't know. 12 Q Okay. Um, and after he killed those hamsters and 13 skinned them, what did you do? 14 A Nothing. 15 Q Nothing. Well, did you say anything to him when he 16 did that? 17 A No. 18 Q Did you feel sorry for those hamsters? 19 A Yes. 20 Q But you didn't say anything to the black man? 21 A No. 22 Q Well, did blood get everywhere? 23 A Yes. 24 Q Well, ah, did any blood get on you? 5 A No. 11334 1 Q Okay. Were you far enough away? 2 A Yes. 3 Q Okay. And after he killed those hamsters, um, did 4 you go back downstairs? 5 A Yes. 6 Q Did he go with you? 7 A No. 8 Q Okay. Where did he get the hamsters from before he 9 went upstairs? 10 A They were in the cage. 11 Q From the cage. Where was the cage? 12 A In Ms. Robin's room. 13 Q Okay. Ah, were you in Ms. Robin's room when he got 14 them? 15 A No. 16 Q Okay. Were they the same hamsters that you saw in 17 Ms. Robin's room? 18 A Yes. 19 Q Were there any other children who saw the man with 20 the hamsters when he came downstairs? 21 A I don't know. 22 Q Did you say anything to anybody about those hamsters? 23 A No. 24 Q What did he do with their dead bodies? 5 A I don't know. 11335 1 Q Did he bury them? 2 A I don't know. 3 Q Okay. Now, Beth, is that a true story? 4 A Yes. 5 Q Okay. Now, Beth, you said that Mr. Bob put his penis 6 in your mouth; where was he when that happened? 7 A Ms. Shelly's room. 8 Q And where was Ms. Shelly? 9 A I don't know. 10 Q Well, what did Ms. Shelly say when Mr. Bob did that? 11 A I don't know. 12 Q Did Mr. Bob have his clothes on or off when he did 13 that? 14 A On. 15 Q On. And were you on the mat at that time? 16 A Yes. 17 Q Ah, were you standing up or laying down? 18 A Laying down. 19 Q Laying down. And what were all the other children 20 doing? 21 A Laying down. 22 Q They were laying down, too? 23 A (Nods head). 24 Q Well, what did they say when Mr. Bob did that? 5 A I don't know. 11336 1 Q What did you say? 2 A "Stop." 3 Q Stop. Well, did you try and get away? 4 A Yeah. 5 Q What did you do? 6 A Nothing. 7 Q Well, did you run? 8 A No. 9 Q You didn't? Well, what kinds of things did you do to 10 get away? 11 A I couldn't. 12 Q You couldn't get away. Why not? 13 A I don't know. 14 Q Did you scream out? 15 A Yes. 16 Q Okay. And when you screamed out did anybody say 17 anything? 18 A No. 19 Q Nobody said anything? 20 A (Indicating). 21 Q Okay. Well, could you see out the window when that 22 happened? 23 A Yes. 24 Q Did you see anybody out there? 5 A No. 11337 1 Q Where was Ms. Betsy when that happened? 2 A I don't know. 3 Q Where was Ms. Dawn? 4 A I don't know. 5 Q Well, were they in the room anytime that happened? 6 A No. 7 Q They were never there? 8 A Nope. 9 Q Okay. Um, and do you remember any -- anything that 10 the other children did? 11 A No. 12 Q Did they just lay on their mats? 13 A Yes. 14 THE COURT: Excuse me. We'll take a break of 15 fifteen minutes. 16 (Recess). 17 THE COURT: Proceed when ready, Mr. Miller. 18 MR. MILLER: Thank you, Judge. 19 BY MR. MILLER: 20 Q Beth, you've got a friend up there with you now; who 21 is that? 22 A Rainbow. 23 Q Rainbow. And, um, we were talking about when you 24 were in Ms. Shelly's room before we took the break, okay? 5 A Okay. 11338 1 Q And when you were in Ms. Shelly's room were you there 2 at Christmastime? 3 A I can't remember. 4 Q You don't remember that. Okay. Um, did you ever put 5 things on the windows in Ms. Shelly's room? 6 A I can't remember. 7 Q All right. You said that when you were in Ms. 8 Shelly's room, that Ms. Shelly and Ms. Dawn and Ms. Lisa and 9 Ms. Betsy and Mr. Bob did bad things in Ms. Shelly's room? 10 A Yes. 11 Q Okay. When those bad things happened were you laying 12 on the mat those times? 13 A Yes. 14 Q Ah, and you said that Mr. Bob put his penis in your 15 hiney? 16 A Yes. 17 Q What, ah -- can you tell me how that happened? 18 A I don't know. 19 Q Okay. Did Mr. Bob say anything before he did that? 20 A No. 21 Q Did you say anything? 22 A No. 23 Q What did the other children do or say? 24 A Nothing. 5 Q What did Ms. Shelly or Ms. Lisa or Ms. Dawn say? 11339 1 A Nothing. 2 Q Okay. Did you try and get away that time? 3 A Yes. 4 Q Was that a different time than the other time we 5 talked about? 6 A Yes. 7 Q Um, and when you tried to get away that time what did 8 you do? 9 A I got away. 10 Q You did? 11 A Yes. 12 Q Okay. So did you get away before he touched you or 13 did any bad things to you? 14 A Yes. 15 Q All right. And when you got away where did you go? 16 A I don't know. 17 Q Okay. Well, did you run outside the day care or did 18 you run someplace? 19 A I don't know. 20 Q You don't. Okay. Did you run outside of Ms. 21 Shelly's room? 22 A Yes. 23 Q Okay. Do you remember where you went when you got 24 outside of Ms. Shelly's room? 5 A No. 11340 1 Q Did you see anybody outside of Ms. Shelly's room when 2 you got out there? 3 A Mr. Bob. 4 Q Mr. Bob was outside of Ms. Shelly's room? 5 A (Nods head). 6 Q What was he doing out there? 7 A I don't know. 8 Q Okay. Um, well, was it lunch time? 9 A Almost. 10 Q Almost lunch time. Okay. Was there anybody else 11 outside other than Mr. Bob? 12 A I don't know. 13 Q Okay. Um, were there any other children out there? 14 A No. 15 Q Okay. Um, you said that when you went in the T.V. 16 room sometimes you watched "Mary Poppins" and some other 17 movies in there? 18 A Yeah. 19 Q Do you remember any other movies that you watched in 20 there? 21 A "The Velveteen Rabbit." 22 Q The Velveteen Rabbit." Okay. Anything else? 23 A "Honey, I Shrunk the Kids." 24 Q Okay. Do you remember any other ones? 5 A No. 11341 1 Q Okay. And were all the children in there when you 2 watched those movies? 3 A Yes. 4 Q Who were the grown-ups in there when you watched the 5 movies? 6 A Ms. Shelly and Ms. Robin, Ms. Betsy and Mr. Bob. 7 Q Okay. So all four grown-ups were in there every 8 time? 9 A Yes. 10 Q Okay. Um, now you said that you saw, ah, Mr. Bob do 11 things to your friends? 12 A Yes. 13 Q Where were you when you saw that? 14 A In Ms. Shelly's room. 15 Q Is that where you were all the time? 16 A Yes. 17 Q Okay. And what kinds of things did you see him do to 18 your friends? 19 A Same thing he did to me. 20 Q Same thing. What did you say when you saw that? 21 A "Stop." 22 Q Okay. What did Ms. Shelly say? 23 A Nothing. 24 Q What did Ms. Dawn say? 5 A Nothing. 11342 1 Q What did Ms. Betsy say? 2 A Nothing. 3 Q Okay. Ah, and did your friends try and run away, 4 too? 5 A Yes. 6 Q Did they get away? 7 A Some of them. 8 Q Where did they go? 9 A I don't know. 10 Q Um, and then after that happened what did you do? 11 A I don't know. 12 Q Okay. You said that you saw Mr. Bob have sex with 13 Dawn and Robin and Betsy? 14 A Yes. 15 Q Where was that? 16 A In Ms. Shelly's room. 17 Q And what were all the children doing at that time? 18 A In Ms. Robin's room. 19 Q They were all in Ms. Robin's room? 20 A Yes. 21 Q What were they doing in Ms. Robin's room? 22 A I don't know. 23 Q Well, what were you doing in Ms. Robin's room? 24 A I don't know. 5 Q All right. Um, well, so all of Ms. Shelly's class 11343 1 and all of Ms. Robin's class were in Ms. Robin's room? 2 A Right. 3 Q Which grown-ups were in there? 4 A Ms. Robin. 5 Q Just Ms. Robin by herself? 6 A Yep. 7 Q Where was Ms. Shelly? 8 A Um, in the bathroom. 9 Q She was in the bathroom. In Ms. Robin's room? 10 A No, her room. 11 Q In her room. Okay. Well, if you were in Ms. Robin's 12 room how do you know Ms. Shelly was in the bathroom in her 13 room? 14 A Um, because that's where they waited. 15 Q That's where Ms. Shelly waited? 16 A Uh-huh. 17 Q What was she waiting for? 18 A To have her turn. 19 Q Have her turn. Okay. Well, um, so she waited in the 20 bathroom to have her turn and you were in Ms. Robin's room? 21 MS. LAMB: Objection. She never said she was 22 in Ms. Robin's room. He put that in her mouth. 23 THE COURT: Objection overruled. 24 Please continue. 5 BY MR. MILLER: 11344 1 Q Well, Beth, were you in Ms. Robin's room? 2 A Um, to take a nap. 3 Q Okay. Well, you said when Ms. Betsy and Mr. Bob were 4 in Ms. Shelly's room all of the children were in Ms. Robin's 5 room? 6 A Yes, to take a nap. 7 Q Okay. And you were in there, too; is that right? 8 A Right. 9 Q Okay. And you said that Ms. Shelly was in the 10 bathroom in her room? 11 A Right. 12 Q While you were in Ms. Robin's room; is that right? 13 A Right. 14 Q Okay. Now, how do you know Ms. Shelly was in the 15 bathroom? 16 A Cause, um -- I don't know. 17 Q Okay. Did somebody tell you that? 18 A Yeah. 19 Q Who? 20 A I don't know. 21 Q Okay. Um, did somebody tell you that Mr. Bob and Ms. 22 Betsy were having sex in Ms. Shelly's room? 23 A I saw -- um -- 24 Q You did? 5 A Yeah. 11345 1 Q Okay. Well, tell me what you saw. 2 A I don't know. 3 Q Well, were you in Ms. Robin's room when you saw it? 4 A No. 5 Q Okay. Well, where were you when you saw it? 6 A Behind the door. 7 Q Behind the door? 8 A (Nods head). 9 Q Okay. What were you doing behind the door? 10 A Well, really in front of it. Um, me and Brooke both 11 were -- Brooke was in front of me and I was behind her. 12 Q Okay. And where were you? 13 A Behind Brooke. 14 Q Okay. And where were you standing behind Brooke? 15 Where was Brooke standing? 16 A Um, side of the door. 17 Q Okay. Was the door open or closed? 18 A Open. 19 Q Open. Okay. Tell me what you saw. 20 A I don't know. 21 Q Well, um, was it daytime or nighttime? 22 A Daytime. 23 Q All right. And when you say you were standing by the 24 door, which door were you standing by? 5 A Ms. Shelly's door. 11346 1 Q Okay. Where were all the other children? 2 A In Ms. Robin's room. 3 Q In Ms. Robin's room. And what were they doing in 4 there? 5 A Taking a nap. 6 Q Okay. So all of Ms. Shelly's children and all of Ms. 7 Robin's children were in Ms. Robin's room taking a nap? 8 A Right. 9 Q And you and Brooke were up? 10 A Right. 11 Q What were you doing up? 12 A Um, Ms. Robin said we didn't have to take a nap. 13 Q She did. Well, did she tell you what you could do? 14 A Play. 15 Q Play. Okay. What were you playing? 16 A Hide-and-go-seek. 17 Q Okay. And where did you go to hide? 18 A We both hided. 19 Q You both hid? 20 A Uh-huh. 21 Q Okay. Where did Brooke hide? 22 A I don't know. 23 Q Where did you hide? 24 A I don't know. 5 Q All right. Well, when you, ah, didn't take a nap and 11347 1 you went to play hide-and-seek did you see Ms. Dawn? 2 A No. 3 Q You didn't see Ms. Dawn at all. Did you see Ms. 4 Barnes? 5 A Yes. 6 Q Where was she? 7 A In the baby room. 8 Q Okay. Did you see Ms. Betty? 9 A Um, yes. 10 Q Where was she? 11 A In the baby room. 12 Q Okay. And did you see another lady in the baby room? 13 A Uh-huh. 14 Q Another grown-up? 15 A (Nods head). 16 Q Do you remember her name? 17 A Uh-uh. 18 Q Okay. Was Ms. Lisa there then? 19 A No. 20 Q Okay. Um, now, when you and Brooke went to the door 21 was the door open or closed? 22 A Open. 23 Q Open. Okay. And did you go into Ms. Shelly's room? 24 A No. 5 Q Okay. Tell me exactly what you saw when you looked 11348 1 in Ms. Shelly's room that time and Mr. Bob and Ms. Betsy 2 were in there? 3 A I didn't see anything. 4 Q Oh, okay. Ah, well, did you and Brooke then go back 5 to Ms. Robin's room? 6 A Yes. 7 Q When you went back to Robin's room what did you do? 8 A Took a nap. 9 Q All right. Um, you said that Mr. Bob and Ms. Robin 10 had sex; where did that happen? 11 A Ms. Shelly's room. 12 Q Okay. And where were all the other children that 13 time? 14 A Outside. 15 Q They were all outside? 16 A (Nods head). 17 Q Okay. Was it before lunch or after lunch? 18 A After lunch. 19 Q After lunch. So was it after nap time? 20 A Yes. 21 Q Okay. And, um, were you by yourself? 22 A No. 23 Q Who was with you? 24 A All the other children. 5 Q All the other children. So were you outside?