0 CROSS-EXAMINATION BY MR. SPIVEY: 2 Q What did she do? 3 A I forgot. 4 Q Okay. What did you do? 5 A Nothing. 6 Q Okay. Did you tell anybody? 7 A No. 8 Q Where did you go right after it happened? 9 A Home. 10 Q Huh? 11 A Home. 12 Q You went home? 13 A Yeah. 14 Q Okay. When you got home did you talk to your mom 15 about that? 16 A Yes. 17 Q Did you tell your mom that day that Ms. Nancy had 18 stuck her finger in your bottom? 19 A Yes. 0 Q What did your mom say? 21 A Forgot. 22 Q Now, did that happen more than one time to Ms. Nancy? 23 A Yeah. 24 Q Okay. Did it ever happen with Ms. Nancy anywhere 5 besides Little Rascals? 4792 1 A No. 2 Q Okay. It was always at Little Rascals? 3 A Yes. 4 Q Okay. Was it always inside Little Rascals? 5 A Yes. 6 Q Okay. Do you remember what room you were in when it 7 happened? 8 A No. 9 Q Okay. Did you ever tell your mom that Ms. Nancy hit 10 you and kicked you? 11 A Yes. 12 Q Okay. Did Ms. Nancy do that? 13 A Yes. 14 Q Okay. Did she karate chop you one time? 15 A Yes. 16 Q Okay. Where were you when Ms. Nancy karate chopped 17 you? 18 A Inside. 19 Q At Little Rascals? 0 A Yes. 21 Q What did you do when Ms. Nancy karate chopped you? 22 A Nothing. 23 Q Who else was there when that happened? 24 A Nobody. 25 Q Do you know where all the other children were that 4793 1 time? 2 A No. 3 Q Okay. What about all the grown-ups, where were they? 4 A I don't know. 5 Q Okay. Did you, um, go and tell anybody after Ms. 6 Nancy karate chopped you? 7 A No. 8 Q Okay. Did you -- did you go and tell your mom or 9 anything when she picked you up that day? 10 A Yes. 11 Q Okay. What did your mom say when you told her that 12 Ms. Nancy had karate chopped you? 13 A That she did that. 14 Q Okay. And what did your mom say about that when you 15 told your mom? 16 A I forgot. 17 Q Okay. Did you, um, talk to your mom about sending 18 Ms. Nancy to jail? 19 A What? 0 Q Did you ever talk to your mom about sending Ms. Nancy 21 to jail? 22 A Yes. 23 Q Okay. Why did you want Ms. Nancy to go to jail? 24 A Because she did bad things. 25 Q Because she did bad things? 4794 1 A Yes. 2 Q Okay. Did you ever tell your mom you wanted Judson 3 to be able to play with you again? 4 A Yes. 5 Q And did you think if Ms. Nancy went to jail that you 6 would be able to play with Judson? 7 A Yeah. 8 Q I couldn't hear you, Dan? 9 A Yes. 10 Q Okay. What -- you know Mr. Jimmy, Judson's dad? 11 A Yes. 12 Q Did Mr. Jimmy ever do any bad things? 13 A No. 14 Q So if Ms. Nancy went to jail you would have been able 15 to play with Judson again, right? 16 A Yes. 17 Q Did you, um, tell your mom one time, Dan, that Ms. 18 Nancy used to pray to the devil? 19 A Yes. 0 Q Okay. Tell me about that. Tell me what Ms. Nancy 21 did. 22 A I forgot. 23 Q Okay. Did you tell your mom that Ms. Nancy would get 24 on the rocks outside the day care and pray to the devil? 25 A Yeah. 4795 1 Q You did tell your mom that? 2 A Yes. 3 Q Okay. Did you tell your mom that all the other 4 people that worked in the day care would go out there and do 5 that, too? 6 A No. 7 Q You didn't never tell your mom that? 8 A I mean yes. 9 Q You did. Okay. When they were all outside the day 10 care, what were the children doing? 11 A I don't know. 12 Q What were you doing? 13 A I forgot. 14 Q You forgot what you were doing? 15 A Yes. 16 Q Okay. Do you remember telling your mom one time that 17 you saw a bunch of real old people, old men with white hair 18 tied up in the back of Mr. Bob's truck? 19 A Yes. 0 Q Okay. And what did you tell your mom Mr. Bob did to 21 the old men in the back of the truck? 22 A I forgot. 23 Q Okay. Did you tell her that Mr. Bob killed a deer 24 and poured deer blood all over all of the old men in the 25 back of the truck? 4796 1 A Yes. 2 Q And did you see that happen? 3 A No. 4 Q You didn't see it happen? Okay. Well, why did you 5 tell your mom that happened? 6 A I forgot. 7 Q Okay. Is that one of the things you talked to Ms. 8 Michelle about? 9 A Yes. 10 Q Do you remember what happened to the old men after 11 they had deer blood poured on them? 12 A No. 13 Q Do you know if any of the other children saw what 14 happened? 15 A No. 16 Q Okay. Did you tell your mom about Mr. Bob having 17 elephants and tigers and lions in the back of the truck? 18 A Yes. 19 Q And did you tell her he got them from the zoo? 0 A Yes. 21 Q Did you go with him when he got them from the zoo? 22 A What? 23 Q Did you go with Mr. Bob when he got the elephants and 24 tigers and lions from the zoo? 25 A No. 4797 1 Q Okay. Who did go with him? 2 A Nobody. 3 Q Well, how did you know he had gone and got them? 4 A When Judson told me. 5 Q I'm sorry, who told you? 6 A Judson. 7 Q Judson told you that. Did you tell your mom that 8 when he went to get the animals at the zoo that he stopped 9 at the gas station and got gas and he left real fast without 10 paying any money? 11 A Yes. 12 Q Okay. Did you see that happen? 13 A No. 14 Q Okay. Who told you that? 15 A Judson. 16 Q Okay. 17 Q Is Judson the one that told you his mom was doing bad 18 things? 19 A Yes. 0 Q He is? Judson told you that? 21 A Yes. 22 Q Do you know why Judson was saying that his mom did 23 bad things? 24 A What? 25 Q Do you know why Judson said his mom did bad things? 4798 1 A I don't know. 2 Q Okay. Did you ever tell your mom that Mr. Bob put 3 frogs on you? 4 A Yes. 5 Q Okay. Tell me about that. Tell me what happened. 6 A Forgot. 7 Q Can you tell me where you were when Mr. Bob put frogs 8 on you? 9 A Inside. 10 Q Okay. What place were you inside of? 11 A Little Rascals. 12 Q Do you remember what room you were in? 13 A No. 14 Q Who was there besides Mr. Bob? 15 A Ms. Nancy. 16 Q Okay. Who else was there besides Mr. Bob and Ms. 17 Nancy? 18 A Ms. Shelly. 19 Q Ms. Shelly, and who else? 0 A I forgot. 21 Q Okay. What did Mr. Bob and Ms. Nancy and Ms. Shelly 22 do with the frogs? 23 A Threw them on me. 24 Q Okay. What did you do when they threw frogs on you? 25 A Nothing. 4799 1 Q Okay. How many frogs were there? 2 A Six. 3 Q There were how many? 4 A Six. 5 Q Six frogs. Okay. And were the other children there? 6 A No. 7 Q Where were all the other children? 8 A I forgot. I don't know. 9 Q Okay. Where were all the other grown-ups beside Ms. 10 Shelly and Ms. Nancy and Mr. Bob? 11 A I don't know. 12 Q You don't know where they were. What happened to the 13 frogs after they threw them on you? 14 A I don't know. 15 Q You don't know what happened to them? 16 A No. 17 Q Did anybody go catch them? 18 A No. 19 Q Did you see the frogs in the day care any after that? 0 A No. 21 Q Okay. Was there ever any other time that anybody put 22 frogs on you? 23 A No. 24 Q Did you ever see frogs get put on anybody else? 25 A No. 4800 1 Q Did you ever get to go on a boat trip? 2 A Yes. 3 Q Okay. Who did you go on the boat trip with? 4 A Mr. Bob. 5 Q Okay. Tell me about the boat trip. 6 A Forgot. 7 Q Well, where did you go? 8 A Nowhere. 9 Q Okay. Do you remember what the boat looked like? 10 A No. 11 Q Was it a big boat or a little boat? 12 A Big one. 13 Q How many people were on the boat? 14 A Nobody. 15 Q Nobody was on it? 16 A (Shakes head). 17 Q Were you on the boat? 18 A Yes. 19 Q Was Mr. Bob on the boat? 0 A Yes. 21 Q Was Ms. Betsy on the boat? 22 A No. 23 Q What about Ms. Nancy? 24 A No. 25 Q Okay. Was anybody else besides Mr. Bob on the boat? 4801 1 A No. 2 Q Okay. How did you get to the boat? 3 A He brought me. 4 Q He walked? 5 A (Nods head). 6 Q Did you walk from Little Rascals? 7 A Yes. Yes. 8 Q Okay. Where did you walk to? 9 A To the pier. 10 Q To the pier? 11 A (Nods head), yes. 12 Q Do you know where the pier is? Can you tell me the 13 name of the place? 14 A No. 15 Q Okay. But it's a pier you walk to from Little 16 Rascals? 17 A Yes. 18 Q Okay. What did you do when you got to the pier? 19 A And got in the boat. 0 Q What happened after you got in the boat? 21 A I forgot. 22 Q Okay. Did you go somewhere on the boat? 23 A No. 24 Q Did you go out in the water? 5 A No. 4802 1 Q What did you do while you were on the boat? 2 A I forgot. 3 Q What did you do after you were through being on the 4 boat? 5 A What? 6 Q What did you do when you got off of the boat? 7 A Walked back. 8 Q Okay. You walked back to Little Rascals? 9 A Yes. 10 Q What did you do when you got back to Little Rascals? 11 A Nothing. 12 Q Did you tell your friends you had been out on a boat? 13 A Yes. 14 Q Who did you tell? 15 A A whole lot of people. 16 Q Did you tell all the kids at the day care? 17 A Yes. 18 Q Did you tell any of the grown-ups at the day care you 19 had been out on a boat? 0 A No. 21 Q Okay. Why didn't you tell the grown-ups? 22 A Forgot. 23 Q Did you tell your mom? 24 A Yes. 25 Q What did you tell your mom about going on the boat? 4803 1 A With Mr. Bob. 2 Q You told her Mr. Bob took you on the boat? 3 A Yes. 4 Q Did you tell her that anything bad happened while you 5 were on the boat? 6 A Yes. 7 Q Okay. What happened that was bad while you were on 8 the boat? 9 A I forgot. 10 Q Is that the only time you ever went on a boat trip -- 11 A Yes. 12 Q -- with Mr. Bob? 13 A Yes. 14 Q Have you ever been on a boat any other time? 15 A Yes. 16 Q Okay. Who else do you go on a boat with? 17 A My granddaddy. 18 Q Okay. And what kind of a boat does your granddad 19 have? 0 A Motorboat. 21 Q What does it look like? 22 A I -- I don't know. 23 Q Do you know what color it is? 24 A No. White and brown. 25 Q White and brown. Okay. What color was the boat you 4804 1 were on with Mr. Bob? 2 A I forgot. 3 Q When you go on the boat with your granddad does 4 anybody else go with you? 5 A Yes. 6 Q Who else goes? 7 A My mamma and my grandma. 8 Q Okay. What do you do when you are out on the boat 9 with your granddad? 10 A Go fishing. 11 Q Do you catch any fish? 12 A Yes. 13 Q What's the biggest fish you ever caught; can you show 14 me how big? 15 A I don't know. 16 Q You don't know how big. When you were at Little 17 Rascals, Dan, did you ever tell your mom -- or at any time 18 did you ever tell your mom that Ms. Brenda did bad things? 19 A No. 0 Q Did you ever tell your mom that everybody at the day 21 care wore badges? 22 A No. 23 Q Okay. Did you ever tell her that you saw Mr. Bob 24 holding an axe with two blades and that he told you that you 25 better watch out or he'd kill you? 4805 1 A Yeah. 2 Q Okay. Tell me about that, when that happened? 3 A I forgot. 4 Q Did you ever tell your mom you saw Mr. Bob and some 5 other people at a table that had swords and knives and 6 candles on it? 7 A Yes. 8 Q And that they were all praying to the devil? 9 A Yes. 10 Q Where did that happen? 11 A At Little Rascals. 12 Q Okay. Was it inside Little Rascals? 13 A Yes. 14 Q Okay. Where inside Little Rascals did that happen? 15 A I forgot. 16 Q Okay. Who was there besides you and Mr. Bob? 17 A Everybody. 18 Q Were all the children there? 19 A Yes. 0 Q All the grown-ups? 21 A Yes. 22 Q Okay. What did they do? 23 A Prayed to the devil. 24 Q Okay. How did they do that? 25 A I forgot. 4806 1 Q Did you hear anybody say anything? 2 A No. 3 Q Did you see anybody do anything? 4 A No. 5 Q Who were the other children that were there? 6 A Everybody. 7 Q You forgot who they were? 8 A Yeah. 9 Q Who were the other grown-ups that were there? 10 A I forgot. 11 Q Did your mom ever show you any pictures at home about 12 devil things? 13 A No. 14 Q She didn't. What about Ms. Zimmerman, did she ever 15 do that, Ms. Michelle? 16 A No. 17 Q She never showed you any pictures like that? 18 A Uh-uh. 19 Q Okay. Did your mom or Ms. Michelle ever show you any 0 pictures of knives? 21 A No. 22 Q Okay. What would you do when you would go see Ms. 23 Michelle? 24 A Tell her about Mr. Bob. 25 Q Okay. Did you do anything else but tell her about 4807 1 Mr. Bob? 2 A No. 3 Q Did you ever play there? 4 A Yes. 5 Q What kind of games would you play? 6 A Checkers. 7 Q You played checkers? 8 A Checkers. 9 Q Checkers. Okay did you ever play Ninja Turtles 10 there? 11 A Yes. 12 Q Did you ever tell Ms. Michelle about your Ninja 13 Turtles? 14 A No. 15 Q Did you use your Ninja Turtles to tell things about 16 Mr. Bob and Ms. Nancy? 17 A No. 18 Q Did you ever get to play with the Willow things or 19 the Willow characters that Ms. Michelle had? 0 A Yes. 21 Q Okay. What did you do with them? 22 A Played in the sandbox with them. 23 Q What kind of games would you play with them? 24 A I don't know. 25 Q Did you ever get to go to the movies with Ms. 4808 1 Michelle? 2 A Yes. 3 Q What kind of movies did you go see with Ms. Michelle? 4 A Ninja Turtles 3. 5 Q Went to see Ninja Turtles? 6 A Yes. 7 Q Did your mom go with you? 8 A No. 9 Q Just you and Ms. Michelle? 10 A Yes. 11 Q Did you ever get to go see any other movies with Ms. 12 Michelle? 13 A No. 14 Q That was the only one that you ever got to see was 15 Ninja Turtles? 16 A Yes. 17 Q Okay. Do you still like Ninja Turtles? 18 A Kind of. 19 Q Sort of? 0 A Yes. 21 Q You liked them a lot better back then, didn't you? 22 A Yes. 23 Q Okay. Did you ever show Ms. Michelle how Mr. Bob had 24 a big play knife like your Ninja Turtles did? 25 A What? 4809 1 Q Did you ever tell Ms. Michelle that Mr. Bob had a big 2 knife like your Ninja Turtles did? 3 A No. 4 Q Okay. Do you remember Ms. Dawn ever doing anything 5 bad at Little Rascals? 6 A No. 7 Q Okay. She never did anything bad to you or anybody 8 else? 9 A No. 10 Q Do you remember a black lady named Ms. Debbie that 11 worked at Little Rascals? 12 A No. 13 Q Did you ever tell your mom there was a black lady 14 named Ms. Debbie who was there at Little Rascals all the 15 time? 16 A No. 17 Q Did you tell your mom there was a black lady named 18 Ms. Debbie that did bad things to you and the other 19 children? 0 A No. 21 Q So you have never known any lady like that? 22 A No. 23 Q What about a man named Mr. J.; did you ever see a man 24 named Mr. J. anywhere around Little Rascals? 25 A No. 4810 1 Q Do you know a man named Mr. J.? 2 A Yes. 3 Q Who is Mr. J.? 4 A Aces' football coach. 5 Q Okay. Did you ever tell your mom that Mr. J. did bad 6 things? 7 A What? 8 Q Did you ever tell your mom that Mr. J. did bad 9 things? 10 A Yes -- I mean no. 11 Q No. Okay. Did you tell your mom one time that you 12 knew a Mr. J. but it wasn't Mr. Jay the football coach? 13 A What? 14 Q Did you know -- did you know any Mr. J. besides the 15 man who is the football coach? 16 A No. 17 Q Did you ever see any man named Mr. J. at Little 18 Rascals besides the football coach? 19 A No. 0 Q Do you remember your mom showing you a black man one 21 day that had some balloons in his hand? 22 A No. 23 Q Do you remember telling her that he did bad things to 24 you? 5 A No. 4811 1 Q You don't remember that ever happening? 2 A Uh-uh. 3 Q Okay. Do you know a man named Bruce Bunch? 4 A No. 5 Q Do you know a little boy named Keith Harris? 6 A No. 7 Q Do you remember anybody named Keith ever being at 8 Little Rascals? 9 A No. 10 Q Do you remember ever talking to Ms. Michelle about 11 Keith? 12 A What? 13 Q Do you remember ever talking to Ms. Michelle about 14 Keith? 15 A No. 16 Q Okay. Did your mom ever take you by to look at a man 17 to see if you knew who he was when you were riding down the 18 road? 19 A No. 0 Q Did you ever go and look at pictures with Ms. Brenda 21 -- Ms. Brenda Toppin? 22 A No. 23 Q You never went and looked at any pictures of people 24 who were at the day care? 5 A No. 4812 1 Q Dan, do you ever remember seeing a ladder at Little 2 Rascals? 3 A No. 4 Q Okay. Did you ever tell your mom that you went 5 somewhere and you climbed up into the roof on a ladder? 6 A No. 7 Q Did you ever tell her that Mr. Bob took you to a 8 place like that? 9 A No. 10 Q Did you ever tell your mom that you were taken to a 11 special place that they had a hole up in the roof and had 12 axes and hoses there? 13 A Yes. 14 Q And where was that? 15 A At the new building. 16 Q Huh? 17 A At the new Little Rascals. 18 Q At the new Little Rascals. Is that where the place 19 was; was that the new Little Rascals? 0 A Yes. 21 Q Was it in one of the rooms there? 22 A No. 23 Q Where was it at Little Rascals? 24 A Upstairs. 5 Q Upstairs. Okay. What was upstairs? 4813 1 A I forgot. 2 Q Did you go upstairs? 3 A Yes. 4 Q You did -- 5 A I mean no. 6 Q You did not? 7 A No. 8 Q Okay. So the place you talked about was not upstairs 9 then? 10 A No. 11 Q You never went upstairs? 12 A No. 13 Q Okay. So you don't know what was upstairs? 14 A No. 15 Q Okay. Then where was the place at Little Rascals 16 where you saw the axes and the hose and that sort of stuff? 17 A I don't know. 18 Q Okay. Do you ever remember going on a trip to the 19 fire station when you were at Little Rascals? 0 A No. 21 Q You don't remember that? 22 A Uh-uh. 23 Q Have you ever been to the fire station? 24 A No. 5 Q Do you remember talking to your mom about the moose? 4814 1 A What? 2 Q Do you remember talking to your mom about the moose? 3 A No. 4 Q Okay. Did you ever tell your mom that Mr. Bob made 5 you dress up like a moose? 6 A No. 7 Q Did you ever talk to Brian about dressing up like a 8 moose? 9 A No. 10 Q Did you ever talk to Brian about seeing Mr. Bob shoot 11 a moose? 12 A Yes. 13 Q You say you did talk to Brian about the moose? 14 A Yes. 15 Q What did Brian tell you about the moose? 16 A I forgot. 17 Q Did he tell you Mr. Bob shot the moose? 18 A No. 19 Q Okay. Did you ever see the moose? 0 A Yes. 21 Q Okay. Where did you see the moose? 22 A In the woods. 23 Q Huh? 24 A In the woods. 5 Q In the woods. And who was with you when you saw the 4815 1 moose in the woods? 2 A Mr. Bob. 3 Q Mr. Bob was? 4 A Yes. 5 Q Okay. What -- what did ya'll do, what did you and 6 Mr. Bob do when you saw the moose in the woods? 7 A I forgot. 8 Q Were any other kids with you when you saw the moose 9 in the woods? 10 A No. 11 Q Did you do anything to the moose? 12 A No. 13 Q Did Mr. Bob do anything to the moose? 14 A What? 15 Q Did Mr. Bob do anything to the moose? 16 A Yes. 17 Q What did he do to the moose? 18 A Shoot it. 19 Q Okay. And where did he get the gun that he shot the 0 moose with? 21 A I don't know. 22 Q Did he have it with him when you went to the woods? 23 A Yes. 24 Q And where were you before you and Mr. Bob went to the 5 woods and shot the moose? 4816 1 A I don't know. 2 Q Had you been at Little Rascals? 3 A Yes. 4 Q Now, did you see Mr. Bob shoot the moose or is that 5 what Brian told you? 6 A I -- I saw him. 7 Q You saw it happen? 8 A Yes. 9 Q What happened to the moose when Mr. Bob shot it? 10 A He went and got it and put in the back of his truck. 11 Q Okay. Where did ya'll go after you put the moose in 12 the back of the truck? 13 A Back to Little Rascals. 14 Q Okay. Did you show the moose to anybody at Little 15 Rascals? 16 A No. 17 Q Did any of the people at Little Rascals say anything 18 about the moose when you got back there? 19 A No. 0 Q Did you tell your friends you had been with Mr. Bob 21 and shoot a moose? 22 A Yes. 23 Q Do you remember which friends you told? 24 A No. 5 Q What did your friends say when you told them that Mr. 4817 1 Bob shot a moose? 2 A I've forgotten. 3 Q Dan, did you ever see any other animals at Little 4 Rascals; besides seeing a moose did you see any other 5 animals there? 6 A No. 7 Q Did you ever see any rats there? 8 A Yes. 9 Q Okay. Tell me about the rats you saw at Little 10 Rascals? 11 A I've forgotten. 12 Q Where did you see the rats at Little Rascals? 13 A I forgot. 14 Q Did you ever see a goat there? 15 A No. 16 Q Okay. Did you ever see any rabbits there? 17 A No. 18 Q Did you ever see a shark at Little Rascals? 19 A No. 0 Q Did you ever tell your mom that Mr. Bob brought a 21 great big shark to Little Rascals? 22 A No. 23 Q You didn't. Did you ever show her a picture in a 24 book of the shark that he brought to Little Rascals? 5 A No. 4818 1 Q Have you ever seen a shark, Dan? 2 A No. 3 Q You have never seen one at the beach? 4 A No. 5 Q Have you ever had a book about sharks? 6 A Yes. 7 Q Okay. Do you remember when you had your shark book? 8 A No. 9 Q Did you ever see any snakes at Little Rascals? 10 A Yes. 11 Q Where were the snakes? 12 A Outside. 13 Q And do you remember outside where you saw them, was 14 it in the playground? 15 A Yes. 16 Q Who else was out there when you saw the snakes? 17 A I forgotten. 18 Q Were there any grown-ups there? 19 A No. 0 Q What about kids, were there any other kids there? 21 A No. 22 Q What were the snakes doing? 23 A I don't know. 24 Q Okay. Did the grown-ups or kids or anybody do 5 anything about the snakes? 4819 1 A No. 2 Q Okay. Did you see any snakes anywhere besides the 3 playground? 4 A No. 5 Q Did you tell anybody about the snakes when you saw 6 them? 7 A No. 8 Q Dan, do you remember anybody giving you any pills or 9 medicine when you were at Little Rascals? 10 A No. 11 Q Nobody ever gave you anything like that? 12 A No. 13 Q Did you ever tell your mom that the people at Little 14 Rascals gave all the children pills? 15 A No. 16 Q Okay. Did you ever tell your mom that Mr. Bob made 17 spaghetti and put funny things in it? 18 A Yes. 19 Q Okay. Tell me about the spaghetti, what was funny 0 about it? 21 A I forgot. 22 Q What did he put in it that you didn't like? 23 A Meatballs. 24 Q Okay. Well, is that why you told your mom that it 5 was really gross spaghetti? 4820 1 A Yes. 2 Q He hadn't done anything bad to it to make you sick, 3 had he? 4 A No. 5 Q You just didn't like meatballs? 6 A No. 7 Q Okay. Did you ever see any other children getting 8 any medicine or anything at Little Rascals? 9 A No. 10 Q When you were at Little Rascals, Dan, did anybody 11 ever put anything on your bottom? 12 A No. 13 Q Okay. Did you ever tell your mom that they put 14 something on your bottom at Little Rascals? 15 A No. 16 Q Did you ever tell your mom that they took you in the 17 kitchen and put Texas Pete on your bottom? 18 A What? 19 Q Did you ever tell your mom that they took you in the 0 kitchen and put Texas Pete on your bottom, or hot sauce? 21 A Yes. 22 Q You did. Okay. Who did that to you? 23 A Mr. Bob. 24 Q Mr. Bob did. Who else was there when Mr. Bob put hot 25 sauce on your bottom? 4821 1 A I forgot. 2 Q Were any other grown-ups there? 3 A No. 4 Q Were any children there? 5 A No. 6 Q Where were all the grown-ups? 7 A I don't know. 8 Q Where were all the children? 9 A I don't know. 10 Q Do you remember telling your mom that the joker came 11 to Little Rascals one time? 12 A The what? 13 Q The joker. 14 A Yes. 15 Q Okay. And was that the joker, the man that was in 16 the Batman movie? 17 A No. 18 Q Okay. This was a different joker? 19 A Yeah. 0 Q And did he have a little white face and green hair? 21 A No. 22 Q What did he look like? 23 A I forgot. 24 Q You forgot what he looked like. Did you ever tell 5 your mom what he looked like? 4822 1 A Yes. 2 Q What did he do? What did the joker do when he was 3 there? 4 A I forgot. 5 Q Dan, did Mr. Bob ever take you to a well? 6 A Yes. 7 Q Did he hold you upside down with your head under the 8 water for a long time? 9 A Yes. 10 Q Where was the well? 11 A In the woods. 12 Q And do you remember what woods it was in? 13 A No. 14 Q Was it near somebody's house? 15 A No. 16 Q Okay. How did you get there to those woods? 17 A He rode me. 18 Q What did he ride you in? 19 A A truck. 0 Q What did the truck look like? 21 A I forgot. 22 Q Okay. Tell me what happened when you got to the 23 woods? 24 A I forgot. 25 Q Tell me who was there? 4823 1 A Mr. Bob. 2 Q Okay. Tell me who else was there besides Mr. Bob? 3 A Nobody. 4 Q Well, tell me about getting put in the well. 5 A I forgot. 6 Q Was Ms. Nancy there? 7 A No. 8 Q Were there other children there? 9 A No. 10 Q Was Will Hollowell there? 11 A No. 12 Q What happened after Mr. Bob put you in the well? 13 A I forgot. 14 Q How did you get back to Little Rascals? 15 A He rode me in the truck. 16 Q What happened when you got back there? 17 A I forgot. 18 Q Did you tell any of your friends that Mr. Bob had 19 taken you and put you in a well? 0 A They could see. 21 Q Huh? 22 A They could see. 23 Q They could see? 24 A Yes. 25 Q How could they see? 4824 1 A See my hair so wet. 2 Q They could see your head was soaking wet? 3 A (Nods head). 4 Q What did they say when they saw your head was soaking 5 wet? 6 A What happened. 7 Q They said "What happened?" 8 A Yes. 9 Q What did you say happened? 10 A I forgot. 11 Q Can you tell me what happened? 12 A I forgot. 13 Q Do you know how your head got wet? 14 A He put me in the well. 15 Q How did he put you in the well? 16 A I forgot. 17 Q Did you ever play with the well at Ms. Michelle's? 18 A No. 19 Q Do you ever remember there being a well there to play 0 with? 21 A I forgot. 22 Q You forgot? 23 A Yes. 24 Q Dan, you said your dad lives in the mountains? 25 A Yes. 4825 1 Q Do you get to go up to the mountains and visit him 2 some? 3 A Once. 4 Q Huh? 5 A Once. 6 Q You have been up there once? 7 A Yes. 8 Q How long ago did you go see your dad in the 9 mountains? 10 A I forgot. 11 Q Do you remember what you did when you went there? 12 A I forgot. 13 Q Does your dad come see you down here since you don't 14 go to the mountains? 15 A Yes. 16 Q What do you do with your dad when he comes down here? 17 A I don't know. 18 Q Okay. Is your dad here with you today? 19 A Yes. 0 Q Okay. Dan, do you remember ever telling your mom 21 that they made you eat paper at Little Rascals? 22 A Yes. 23 Q And what did you tell her would happen if you didn't 24 eat the paper? 25 A He would hurt me. 4826 1 Q Okay. Did you tell her what they would do to you? 2 A I forgot. 3 Q Where were you when they made you eat the paper? 4 A In the Little Rascals. 5 Q Huh? 6 A In Little Rascals. 7 Q Okay. Who made you eat paper? 8 A Everybody. 9 Q Everybody did? 10 A Yes. 11 Q You mean all the grown-ups or all the children? 12 A All the grown-ups. 13 Q All the grown-ups did. And what kind of paper was 14 it? What did it look like? 15 A Candy wrappers. 16 Q Huh? 17 A Candy wrappers. 18 Q And did they say anything to you when they made you 19 eat the candy wrappers? 0 A I forgot. 21 Q Okay. Did you ever tell your mom that they had a big 22 gasoline bomb there that they would drop on you if you 23 didn't eat the paper? 24 A Yes. 25 Q Did you tell her that the bomb was kept right outside 4827 1 the day care? 2 A Yes. 3 Q Is it still there? 4 A No. 5 Q Do you know what happened to the bomb? 6 A No. 7 Q Can you remember what the bomb looked like? 8 A No. 9 Q Dan, do you know Joel Mabry? 10 A Yes. 11 Q Do you play with Joel a lot? 12 A Yes. 13 Q Was Joel your friend? 14 A Yes. 15 Q Do you and Joel ever talk about things at Little 16 Rascals? 17 A No. 18 Q Joel has never talked to you about Little Rascals? 19 A No. 0 Q Okay. Have you ever said anything to Joel about 21 Little Rascals? 22 A No. 23 Q What about his brother Seth, do you ever talk to him? 24 A No. 25 Q Do you play -- do you play with Seth? 4828 1 A Yes. 2 Q When ya'll play do you play at your house or at Ms. 3 Mabry's house? 4 A Both. 5 Q You play both? 6 A (Nods head). 7 Q Does he come over to your house sometimes? 8 A Yes. 9 Q Dan, when you were at Little Rascals did anybody ever 10 put a nail in your front private parts? 11 A No. 12 Q Dan, do you have any pets at home? 13 A No. 14 Q Do you have a dog or anything? 15 A Yes. 16 Q What's your dog's name? 17 A Muffin. 18 Q Have you had Muffin a real long time? 19 A Yes. 0 Q Okay. Are you getting a little bit tired? 21 A Yes. 22 Q Do you want to take a break? 23 A Yes. 24 THE COURT: Please announce a recess until 25 2:00, Mr. Sheriff. 4829 1 (Recess). 2 THE COURT: Please proceed, when ready, Mr. 3 Spivey. 4 MR. SPIVEY: Thank you, Judge. 5 BY MR. SPIVEY: 6 Q Dan, before you left to go to lunch we started 7 talking about your dog and I think you said your dog's name 8 is Muffin? 9 A Yes. 10 Q What kind of dog is Muffin? 11 A A cock-a-poo. 12 Q A cock-a-poo. Have you had Muffin a real long time? 13 A Yes. 14 Q Dan, did you tell your mamma one time that Muffin bit 15 Mr. Bob? 16 A No. 17 Q You didn't never tell your mom that? 18 A (Shakes head). 19 Q Okay. Did you -- did you ever tell your mom that Mr. 20 Bob came to your house one time with a lot of the other 21 grown-ups from the day care? 22 A No. 23 Q Did you ever tell her that Mr. Bob went in your house 24 with a secret key? 25 A No. 4830 1 Q Have you ever talked to any of your friends about 2 that? 3 A No. 4 Q Did you tell your mom that Ms. Dawn from the day care 5 came to your house one time and body-slammed you? 6 A No. 7 Q Okay. Did you ever tell your mom that Ms. Betsy -- 8 do you remember Ms. Betsy? 9 A Yes. 10 Q Okay. Did you ever tell your mom or anybody that Ms. 11 Betsy hit you in the stomach with a hammer? 12 A No. 13 Q What about -- did Ms. Betsy ever punch you? 14 A Yes. 15 Q Tell me about the time Ms. Betsy punched you? 16 A I forgot. 17 Q You forgot about it? 18 A (Nods head). 19 Q Okay. Were you at the day care when it happened? 20 A Yes. 21 Q Okay. Was Ms. Betsy mad at you for some reason? 22 A I don't know. 23 Q Okay. Did anybody besides Ms. Betsy punch you? 24 A No. 25 Q Okay. When Ms. Betsy punched you was there anybody 4831 1 else watching her? 2 A No. 3 Q Were there any other children there? 4 A No. 5 Q Did Ms. Betsy ever punch any of the other children? 6 A Yes. 7 Q Okay. What other children did she punch? 8 A I don't know. 9 Q You don't remember any of their names? 10 A Uh-uh. 11 Q When Ms. Betsy punched those other children, what did 12 they do? 13 A I don't know. 14 Q When she punched you what did you do? 15 A I don't know. Cried. 16 Q Um, did you ever see Ms. Betsy kill a turtle at the 17 day care? 18 A No. 19 Q Did you ever see anybody else kill a turtle at the 20 day care? 21 A No. 22 Q What about anywhere else, have you ever seen anybody 23 kill a turtle? 24 A No. 25 Q Dan, did you ever see Mr. Bob dressed up like a 4832 1 Ninja? 2 A Yes. 3 Q Okay. Where were you when he was dressed up like 4 that? 5 A Little Rascals. 6 Q Okay. And who else was there with you? 7 A Nobody. 8 Q Well, where were all the grown-ups? 9 A I don't know. 10 Q Where were all the children? 11 A I don't know. 12 Q Okay. What did Mr. Bob do when he was dressed like 13 up like a Ninja? 14 A I forgot. 15 Q Did he throw magic stars? 16 A No. 17 Q Did you ever tell anybody that he threw magic stars? 18 A No. 19 Q Dan, you know Josh Spivey? 20 A Yes. 21 Q Okay. 22 Q The time you talked about going on the boat with Mr. 23 Bob did Josh go, too? 24 A No. 25 Q Okay. Are you sure? 4833 1 A Sure. 2 Q Did you ever tell your mother or anybody that Josh 3 went on the boat with you? 4 A No. 5 Q Okay. Did you ever tell anybody that there was a man 6 there at the boat that looked like Kyle Stever's daddy? 7 A No. 8 Q Do you know Kyle Stever's daddy? 9 A Yes. 10 Q Do you know Kyle? 11 A Yes. 12 Q Do you and Kyle play together? 13 A Sometimes. 14 Q Sometimes. Do you sometimes play at your house? 15 A Yes. 16 Q Okay. Do you sometimes play at Kyle's house? 17 A (Indicating). Yes. 18 Q Do you and Kyle ever talk about the day care? 19 A No. 20 Q Okay. What do you and Kyle talk about when you play 21 together? 22 A I don't know. 23 Q You don't know what you talk about? 24 A (Shakes head). 25 Q Okay. What kind of games do you play together? 4834 1 A Nintendo. 2 Q Huh? 3 A Nintendo. 4 Q Nintendo? 5 A (Nods head). 6 Q Do you ever play any other kind of games with Kyle? 7 A I don't know. 8 Q Do you know Brian Swicegood? 9 A Yes. 10 Q Do you and Brian play together? 11 A Yes. 12 Q Does Brian live near you? 13 A Yes. 14 Q He lives right next to your grandparents? 15 A Yes. 16 Q Do you and Brian play together a lot? 17 A Yes. 18 Q What kind of games do you and Brian play? 19 A All sorts. 20 Q All sorts. Can you tell me what a few of them are? 21 A I forgot. 22 Q Do you play -- do ya'll play football together? 23 A Yes. 24 Q Do you go swimming together? 25 A Sometimes. 4835 1 Q Sometimes. Where do you go swimming? 2 A Anywhere. 3 Q Do you have a pool to swim in? 4 A No. 5 Q Okay. Well, where do you go to swim then? 6 A Anywhere. 7 Q Okay. You don't know the name of the place you go? 8 A No. 9 Q Okay. Dan, when you were at the Little Rascals Day 10 Care did you ever put on makeup and dress up like a girl? 11 A No. (Indicating). 12 Q Okay. Did you ever tell your mother that happened? 13 A No. 14 Q Okay. Did you ever tell anybody, Dan, that you saw 15 Ms. Nancy with no clothes on hypnotizing children? 16 A No. 17 Q Did that ever happen? 18 A No. 19 Q Dan, did you ever tell anybody that Ms. Betsy had a 20 crown she could wear that would make her disappear? 21 A No. 22 Q Okay. Dan, when we were talking about the movies you 23 said you went to see the Ninja Turtles 2 movie; is that 24 right. 25 A Yes. 4836 1 Q Did you ever see the Willow movie? 2 A No. 3 Q You remember talking to Ms. Michelle about Little 4 Rascals, right? 5 A Right. 6 Q Okay. Do you remember talking to Ms. Toppin, Ms. 7 Brenda about it? 8 A Yes. 9 Q Okay. And do you remember a man named Kevin or Mr. 10 Kevin? 11 A Yes. 12 Q That worked with Ms. Brenda? 13 A Yes. 14 Q Did you talk to him some? 15 A Yes. 16 Q Okay. Did you ever go any places with them, with Ms. 17 Brenda or Mr. Kevin? 18 A Yes. 19 Q Where did you go to? 20 A I forgot. 21 Q Okay. Did you ever go to the day care with them? 22 A No. 23 Q Okay. When you went did you ride in a car? 24 A Yes. 25 Q Okay. Do you know what places you rode to, the name 4837 1 of any of them? 2 A I forgot. 3 Q Do you remember what you looked at? 4 A I forgot. 5 Q Okay. You and your mom talked a lot about the day 6 care, too, didn't you? 7 A Yes. 8 Q Okay. When would you and your mom usually talk about 9 the day care? 10 A I forgot. 11 Q Do you remember having a tape recorder any time when 12 you talked about the day care? 13 A Yes. 14 Q Did you make some tape recordings of the things you 15 said about the day care? 16 A Yes. 17 Q Dan, you said that you went to court school one time; 18 do you remember when that was? 19 A No. 20 Q Can you tell me about court school and what you did 21 there? 22 A I forgot. 23 Q Do you remember who the people were that were at 24 court school? 25 A I forgot. 4838 1 Q Was Mr. Hart there? 2 A Yes. 3 Q Okay. What about Mr. Williams? 4 A Yes. 5 Q And Ms. Nancy? 6 A Yes. 7 Q Okay. Did they all help you at the court school? 8 A Yes. 9 Q Okay. Was there anybody else there? 10 A Yes. 11 Q Were there any other children there? 12 A Yes. 13 Q And do you remember who they were? 14 A I forgot. 15 Q You can't remember any of their names? 16 A (Shakes head). 17 Q Okay. Now, did you ever get to see Mr. Hart or Mr. 18 Williams or Ms. Nancy places besides the court school? 19 A No. 20 Q Okay. Dan, did you ever tell anybody that Mr. Bob 21 put poop on the kids at the day care? 22 A No. 23 Q Did you ever say that he put poop on Judson and Joel 24 and Will Hollowell? 25 A No. 4839 1 Q Did you ever say that Ms. Betsy who worked at the day 2 care put apple juice on poop? 3 A No. 4 Q Did Ms. Betsy ever hurt anybody at the day care? 5 A I forgot. 6 Q What about Ms. Brenda, did she ever hurt anybody at 7 the day care? 8 A I forgot. 9 Q Now, is Will Hollowell one of your friends? 10 A Yes. 11 Q Do you and Will play together? 12 A Sometimes. 13 Q Does he play over at your house any? 14 A Hardly not. 15 Q Huh? 16 A Hardly not. 17 Q Dan, I couldn't quite hear you? 18 A Hardly not. 19 Q Hardly not? 20 A Uh-huh. 21 Q Okay. Do you play at Will's house then? 22 A Sometimes. 23 Q Sometimes. Okay. Do you know who your best friend 24 is now? 25 A I don't know. 4840 1 Q You don't have one that's a particular best friend? 2 A I don't know. 3 Q Okay. Do you remember, Dan, ever watching any T.V. 4 shows about the day care? 5 A No. 6 Q Did you ever watch on the news to see any of the 7 people that worked at the day care? 8 A I forgot. 9 Q Did you ever see any of their pictures in the 10 newspaper? 11 A I forgot. 12 Q Dan, do you ever remember a time when you and -- and 13 Joel Mabry were riding together in a car with your mothers 14 and you saw Mr. Bob? 15 A No. 16 Q You don't remember that ever happening? 17 A No. 18 Q Okay. After you quit going to the day care did you 19 ever see Mr. Bob anywhere? 20 A No. 21 Q Okay. 22 MR. SPIVEY: Thanks Dan, that's all the 23 questions I've got, okay. 24 A (Nods head). END OF DAN BROOKS TESTIMONY