WPC` Courier 10cpi HP DeskJet Plus HPDESPLU.PRS (#€% Courier 10cpi HP DeskJet Plus HPDESPLU.PRS (#€% STEVER, KYLE 3373 3388 Volume XIII 3389 3430 Volume XIV Direct: 3373 Cross: 3389 Redirect: 3426 Recross: 3428 3373 5 DIRECT EXAMINATION BY MR. HART: 6 Q Okay. You can sit back up in the chair, now, okay. 7 A (Witness complied). 8 Q In a big loud voice can you tell us what your name 9 is? 10 A Kyle George Stever. 11 Q Kyle, how old are you? 12 A Five. 13 Q And do you know when you are going to be six, Kyle? 14 A Um, no. 15 Q Okay. Do you know when your birthday is? 16 A Um, no. 17 Q All right. Are you in school yet, Kyle? 18 A No. 19 Q Are you getting ready to go to school pretty soon? 20 A Yes. 21 Q What grade are you going to be going to? 22 A Kindergarten. 23 Q Okay. And where do you live now, Kyle? 24 A Woodstock, Georgia, in Atlanta. 25 Q Okay. And have you always lived there? 3374 1 A Um, no. 2 Q Do you know where you used to live? 3 A In Edenton. 4 Q All right. And is that in North Carolina here? 5 A Close. 6 Q Okay. Who do you live with, Kyle? 7 A Shaney, Bart, and mommy and daddy. 8 Q All right. And do you know what your daddy does for 9 work? 10 A Works for Seabrook. 11 Q All right. And you know what kind of things he does 12 for Seabrook? 13 A Um, no. 14 Q All right. How about your mom, do you know what she 15 does for work? 16 A She teaches ballet. 17 Q Okay. Do you know how long you have been living down 18 in Georgia? 19 A No. 20 Q Has it been a long time or a short time? 21 A Um, pretty long. 22 Q Okay. Now, you talked about Shaney and Bart, who are 23 they? 24 A My brothers. 5 Q Okay. Do you know how old Shaney is? 3375 1 A Four. 2 Q And how old is Bart? 3 A One. 4 Q Are they here with you in North Carolina this week? 5 A Yeah. 6 Q Who else is here with you in North Carolina? 7 A Mommy and daddy. 8 Q Anyone else? 9 A Um, no. I don't know -- not -- not that I know of. 10 Q Okay. How about have any of your other relatives 11 come to see you this week? 12 A Yeah, my granny and grandfather and my uncles. 13 Q Okay. And where do they live, Kyle? 14 A Well, my grammy and grandfather live in Pennsylvania, 15 and my Papa lives in Albany. 16 Q Albany, Georgia? 17 A Yeah. 18 Q Okay. Kyle, when you came into court you had to 19 stand up and put your hand on the Bible and promise to tell 20 the truth; is that right? 21 A Yeah. 22 Q Do you know what that means? 23 A No. 24 Q Do you know what the Bible is? 25 A No -- I mean yeah. 3376 1 Q All right. What is the Bible? 2 A It's something it tells you what God does. 3 Q Okay. And are you going to tell the truth here in 4 court today? 5 A Yes. 6 Q Kyle, if I told you that this pen I'm holding up is 7 green, is that the truth or is that a lie? 8 A A lie. 9 Q Okay. If I told you that this pad I'm holding up is 10 yellow, is that a truth or a lie? 11 A A truth. 12 Q Okay. Kyle, when you used to live in North Carolina 13 did you ever go to any schools? 14 A Yeah. I went to, um -- I went to Ms. Betsy's and Mr. 15 Bob's. I went there, and then I went home and told my mommy 16 and daddy, then they took me out and took me home and put me 17 in a different school. 18 Q Okay. Do you remember what the name of Ms. Betsy and 19 Mr. Bob's school was? 20 A No. 21 Q Okay. Did you go there for a long time or a short 22 time? 23 A I don't know. 24 Q Okay. Do you remember any of the people that worked 25 at that school? 3377 1 A Alls I know is Ms. -- Ms. Betsy and Mr. Bob and the 2 big fat man and Dawn -- Ms. Dawn. 3 Q Okay. And did -- did you have one particular person 4 that was your teacher at that school? 5 A Um, no. I don't. 6 Q Do you remember the different people that were your 7 teachers at the school? 8 A Some. 9 Q Tell us who you remember. 10 A Ms. Betsy and Mr. Bob. 11 Q Okay. Did you like that school, Kyle? 12 A No. 13 Q Why not? 14 A Because a lot of bad things happened. 15 Q Can you please tell us what those bad things were? 16 A Well, he -- he, um, he stuck a knife in my butt and 17 he stuck something like something I don't know what that 18 was, but it was something. 19 Q Where did he stick that, Kyle? 20 A In my butt. 21 Q What did it feel like, Kyle? 22 A It hurted (sic). 23 Q Kyle, do you have names that you call your private 24 parts? 25 A No. 3378 1 Q What -- do you know what your private parts are? 2 A No. 3 Q Okay. Do you know what a ding dong is? 4 A Yes. 5 Q What's that? 6 A It's something that nobody touches. 7 Q Okay. And do you have a ding dong? 8 A Yes. 9 Q Can you tell us where that -- where that is on your 10 body? 11 A Right in the middle. 12 Q Okay. And what do you do with your ding dong? 13 A I use the bathroom with it. 14 Q Okay. Is that in the front or the back of your body? 15 A The front. 16 Q And what do you call the back part? 17 A My butt. 18 Q Okay. Now, Kyle, when you were telling us just a 19 minute ago that he stuck a knife in your butt and he stuck 20 something in your butt, who were you talking about when you 21 said "he"? 22 A I -- I don't know. 23 Q Okay. Who stuck a knife in your butt? 24 A Mr. Bob. 25 Q All right. Who stuck the something in your butt that begin here!! 3379 1 you don't know what it was? 2 A Um, Mr. Bob. 3 Q All right. Kyle, did Mr. Bob ever do anything to 4 your ding dong? 5 A Um, he sucked on it. 6 Q Did he ever make you do anything to his ding dong? 7 A Um, yeah, he made me suck on his. 8 Q Did he ever do anything else to you with his ding 9 dong? 10 A No. 11 Q How did that make you feel when he made you suck on 12 his ding dong, Kyle? 13 A Very bad. 14 Q Do you remember where you were when that happened? 15 A At Little Rascals. 16 Q Do you remember where in the building in Little 17 Rascals it was? 18 A No. 19 Q Do you remember what time of the day it was? 20 A Um, no. 21 Q Do you remember what you were doing at the time? 22 A Um, he was hurting me. 23 Q Kyle, were there any fun times at Little Rascals? 24 A Some, when you went outside and you had play time. 25 Q And what did you like to do at play time, Kyle? 3380 1 A I liked to play and go outside. 2 Q Did they have a special place for you to play 3 outside? 4 A Um, in the little park. 5 Q Okay. Was that inside a fence; do you remember? 6 A Yes. 7 Q Okay. Do you remember some of the things that you 8 used to play on in that little park? 9 A No. 10 Q Okay. Can you tell us who any of your friends were 11 that went to Little Rascals when you were there? 12 A Um, sometimes Ray and Shawn, and I know I went and 13 Shaney went and, um, I think that's all I know. 14 Q Okay. Who was the first ones that you told us about? 15 A Um, Frank -- me. 16 Q Okay. Did you also go to another school when you 17 were in Edenton? 18 A Little Friends. 19 Q All right. Do you remember who the teacher was at 20 Little Friends? 21 A No -- or yeah, Ms. Mitchener. 22 Q Okay. Kyle, did you -- you like Little Friends? 23 A Yeah. 24 Q Did any of the bad things that you have told us about 25 happen at Little Friends? 3381 1 A No. 2 Q What kind of things did you do at Little Friends? 3 A We played and we had lunch time, and we did arts and 4 crafts. 5 Q Kyle, when you were at Little Rascals was there a 6 part of the day that you had what was called nap time? 7 A Ah, no. 8 Q Okay. Was there a time that you had to lay down on a 9 mat? 10 A Um, no. 11 Q Okay. When you were living up in Edenton before you 12 moved to Georgia, did you ever have any baby sitters, Kyle? 13 A No -- no. 14 Q Did you ever have any people that came and stayed 15 with you when your mommy and daddy couldn't be there? 16 A Yeah. 17 Q Okay. Who were those people, do you remember? 18 A Um, no. 19 Q Okay. Do you remember a person named Rosa? 20 A Yeah. 21 Q Who was she? 22 A She was a person who kept me when mommy and daddy 23 were gone. 24 Q Okay. Did you like Rosa, Kyle? 5 A Yes. 3382 1 Q Did Rosa ever do anything to you like Mr. Bob did? 2 A No. 3 Q Do you remember two sisters named Lisa and Dawn who 4 used to come to your house sometimes? 5 A Yeah. 6 Q Would -- did they stay with you sometimes when your 7 mommy and daddy weren't there? 8 A Yes. 9 Q Did you like them? 10 A Yes. 11 Q Kyle, do you remember whether you ever told your 12 mommy and daddy about what Mr. Bob did to you? 13 A Yes. 14 Q What do you remember telling them? 15 A I remember telling what I just telled you. 16 Q Okay. And do you remember when you told them that? 17 A No. 18 Q Okay. Kyle, a little -- while you have been here in 19 North Carolina was there a time that you saw something about 20 the court case on T.V.? 21 A Yes, about three times. 22 Q All right. And one time did you see Mr. Bob on T.V. 23 saying something? 24 A No. But I remember seeing him on T.V. 25 Q All right. And do you remember what you said when 3383 1 you saw him on T.V.? 2 A No. 3 Q Okay. Do you remember a time on -- you saw him on 4 T.V. when he was saying that he didn't do anything to the 5 kids? 6 A Yes. 7 Q What did you say when you saw that? 8 A I said mommy, daddy, he's not telling the truth; he's 9 telling a lie. 10 Q Okay. And what did you tell them after that? 11 A Nothing. 12 Q Okay. A little while ago, Kyle, before you came to 13 the courtroom you were in another room across the street, 14 weren't you? 15 A Yes. 16 Q All right. And when you came in the courtroom you 17 came up in through this side door, didn't you? 18 A The side door, yes. 19 Q Okay. What happened when you came in the side door, 20 Kyle, how did that make you feel? 21 A Okay. 22 Q Did you want to come out here and testify? 23 A Yes. 24 Q Okay. Kyle, do you remember whether Mr. Bob ever did 25 anything to you with his finger? 3384 1 A No. 2 Q Do you remember whether he ever made you touch his 3 ding dong? 4 A Yes. 5 Q Did he? 6 A Uh-huh. 7 Q After you told your mommy and daddy what Mr. Bob did 8 to you, did they take you to see somebody named Michelle? 9 A Yes. 10 Q Do you remember who she is? 11 A Yes. 12 Q Did you talk to her about the things that Mr. Bob did 13 to you? 14 A Yes. 15 Q When you talked to her did you tell her lies or did 16 you tell her the truth? 17 A I told her the truth. 18 Q How did it make you feel when you would go to see and 19 talk to Michelle? 20 A Good. 21 Q Do you remember where her office was? 22 A Um, no. 23 Q Okay. 24 Kyle, do you see Mr. Bob in the courtroom here today? 25 A Yes. 3385 1 Q Where is he sitting? 2 A Right over there (indicating). 3 Q Can you tell us what he's wearing? 4 A A black suit with, um, a white shirt and a blue tie. 5 MR. HART: If Your Honor please, I would ask 6 that the record reflect that the witness has identified the 7 defendant Robert Fulton Kelly. 8 THE COURT: Let the record so show. 9 BY MR. HART: 10 Q Are you afraid of Mr. Bob, Kyle? 11 A Yes. 12 Q Why are you afraid of him? 13 A Because -- because I'm afraid he'll get up and get 14 me. 15 Q We've told you that he can't do that, haven't we? 16 A Yes. 17 Q But are you still scared of that? 18 A Yes. 19 Q Did he ever tell you that he would do that, Kyle? 20 A Yes. 21 Q What did he tell you he would do if you told about 22 all this stuff? 23 A He would say he would kill my mommy and daddy. 24 Q Did you believe him? 25 A No. 3386 1 Q Did he ever tell you anything else he would do if you 2 told? 3 A No. 4 Q Was it hard to tell people about it, Kyle? 5 A Yes. 6 Q How does it make you feel to have to talk about it? 7 A Really bad. 8 Q Kyle, do you remember a time after you moved to 9 Georgia that you came back up to North Carolina and came to 10 a court school? 11 A Yes. 12 Q What do you remember about court school? 13 A I remember you tell the truth and -- and I think 14 that's all I can remember. 15 Q Okay. Did you get a chance to learn a little bit 16 about the courtroom? 17 A Yes. 18 Q Do you remember who that man is up there that sits up 19 in that big chair up there? 20 A The Judge. 21 Q And what does the Judge do, Kyle? 22 A I don't know. 23 Q Okay. Do you remember who the lady is that's sitting 24 next to you there with that machine, what her --what she's 25 called? 3387 1 A The court reporter. 2 Q And what does the court reporter do, Kyle? 3 A She writes down what I say. 4 Q Okay. And do you remember what kind of a voice you 5 are supposed to use in court? 6 A A loud voice. 7 Q Okay. And why is that, Kyle? 8 A Because so everyone in the courtroom can hear you. 9 Q Okay. And do you remember who this person is and 10 this person is right here? 11 A No. 12 Q Okay. Do you remember who's job it is to keep 13 everybody safe in the courtroom? 14 A The policeman. 15 Q That's right. Do you remember who the boss in the 16 courtroom is? 17 A The Judge. 18 Q Kyle, let me ask you something, has this been a hard 19 thing for you to do to come to court? 20 A Yes. 21 Q Do you like being here? 22 A No. 23 MR. HART: That's all of the questions I have 24 of this witness. 25 THE COURT: Thank you. 3388 1 Gentlemen, have you questions of the witness? 2 MR. SPIVEY: May we approach, Your Honor? 3 THE COURT: Yes, come up. 4 (Side-bar conference). 5 THE COURT: Kyle, thank you. You may stand 6 down from your chair. Thank you. 7 THE COURT: Mr. Sheriff, announce a recess of 8 this court until Monday at 10:00. 9 (Recessed August 22, 1991). 3389 10 BY MR. SPIVEY: 11 Q Good morning, Kyle. How are you today? 12 A Good. 13 Q Good. Did you have a good time this weekend? 14 A Yep. 15 Q Did you stay in Edenton? 16 A Yep. 17 Q Did you get to see some of your friends up there? 18 A Yes. 19 Q Who is your best friend in Edenton now? 20 A Ryan Zimmerman. 21 Q Ryan Zimmerman. Did you and Ryan play together this 22 weekend? 23 A Yeah. 24 Q How do you like living in the Woodstock? 25 A Good. 3390 1 Q Do you go to school anywhere in Woodstock? 2 A Not yet. 3 Q Not yet. Do you go to a day care down there? 4 A Nope. 5 Q Do you stay at home in Woodstock? 6 A Well mommy took me out of the one. 7 Q Your mommy took you out of a day care? 8 A Yeah. But nothing happened. 9 Q Okay. At Woodstock you mean? 10 A Yeah. 11 Q Who was your teacher at your day care at Woodstock? 12 A I don't remember. 13 Q Okay. Did you have any real good friends there? 14 A Yeah. 15 Q Who was your best friend there? 16 A Um, I don't remember. 17 Q Okay. What was your favorite thing you played when 18 you went to day care in Woodstock? 19 A Outside. 20 Q Outside. You like playing outside, don't you? 21 A Yeah. 22 Q What's your favorite thing you play outside? 23 A On the gym. 24 Q Playing on the gym? 25 A Uh-huh. 3391 1 Q Okay. You said that when you went to Little Rascals, 2 you remember that? Do you remember going to Little Rascals? 3 A Yes. 4 Q You said you liked to play outside there? 5 A Yes. 6 Q What kind of things did you like to play outside at 7 Little Rascals? 8 A The playground. 9 Q Okay. What was your favorite thing on the playground 10 there? 11 A Everything. 12 Q You like everything, you didn't have a favorite? 13 A Nope. 14 Q Who was your best friend there? 15 A Um, I don't remember. 16 Q Okay. Do you remember some of the teachers there at 17 Little Rascals? 8 A No. 19 Q Okay. Do you remember Ms. Betsy? 20 A Yes. 21 Q How did you like Ms. Betsy? 22 A Not at all. 23 Q Okay. Why didn't you like Ms. Betsy? 24 A Because she did bad things to me. 5 Q Okay. Tell me about that? 3392 1 A Well, he said or she -- she said, um, -- um, I don't 2 remember. 3 Q Okay. Do you remember Ms. Dawn? 4 A Yes. 5 Q Okay. Did you like Ms. Dawn? 6 A No. 7 Q Okay. Why didn't you like Ms. Dawn? 8 A Because she owned the day care -- or not owned it, 9 but she worked there and I just didn't like her. 10 Q You just didn't like her? 11 A No. 12 Q Okay. Did she ever do bad things? 13 A Some. 14 Q Some. Okay. Tell me about those bad things? 15 A Um, almost the same as Mr. Bob. 16 Q Mostly Mr. Bob. Okay. Do you remember Ms. Robin? 17 A Yes. 8 Q Did you stay in her room some? 19 A No. 20 Q Okay. Did you like Ms. Robin? 21 A No. 22 Q Okay. Why didn't you like Ms. Robin? 23 A Because it's the same as Ms. Dawn. 24 Q Same as Ms. Dawn? 25 A (Nods head). 3393 1 Q Did Ms. Robin do bad things? 2 A No. 3 Q Okay. Do you remember Ms. Shelly? 4 A No. 5 Q You don't remember her? 6 A (Shakes head). 7 Q Okay. Tell me about the bad things that Mr. Bob did? 8 A Well, he -- he pushed -- he pushed me on the ground 9 and he stuck a knife in my butt and that thing. And that's 10 all I remember. 11 Q Okay. Where did he push you on the ground? 12 A At the day care. 13 Q Okay. Were you inside or outside? 14 A Inside. 15 Q Inside. Do you -- can you tell me who else was 16 there? 17 A Like when I said Mr. Bob, Ms. Betsy, Ms. Dawn and Ms. 8 Shelly and Ms. Robin. 19 Q Okay. Did they see Mr. Bob push you on the ground? 20 A No. 21 Q Okay. Why didn't they see when he pushed you on the 22 ground? 23 A Because it was just me and him. 24 Q It was just you and Mr. Bob? 25 A Uh-huh. 3394 1 Q Okay. What happened after he pushed you on the 2 ground? 3 A Nothing. 4 Q Okay. Tell me about him sticking a knife in your 5 butt? 6 A Well, he just stuck the knife in my butt and that's 7 all. 8 Q Okay. What kind of a knife was it? 9 A A play knife. 10 Q What kind of a knife? 11 A A play knife. 12 Q A play knife. Was it -- do you know what it was made 13 out of? 14 A No. 15 Q Okay. Do you know how big it was? Can you show me 16 with your hands? 17 A (Indicating), about that big. 8 MR. HART: Let the record reflect, Your Honor, 19 that he's indicating a distance of about six inches. 20 THE COURT: Let the record so show. 21 BY MR. SPIVEY: 22 Q Kyle, tell me what happened when he stuck the play 23 knife in your butt, what did you do? 24 A Nothing. I told him to stop. 25 Q Okay. What happened then? 3395 1 A Nothing. 2 Q Did you say anything to Mr. Bob other than saying 3 stop? 4 A No. 5 Q Okay. Did Mr. Bob say anything to you? 6 A No. 7 Q What did you do after he stuck the knife in your 8 butt? 9 A Um, then mommy and daddy come there and picked me up. 10 Q Okay. When they came and picked you up what did you 11 tell them? 12 A When they got in the car I told them what he did. 13 Q Okay. What happened then? 14 A Then we went home and we -- and then, um and then we 15 talked about everything. 16 Q Okay. Did you tell anybody at the -- at the day care 17 that Mr. Bob stuck a knife in your butt? 8 A No. 19 Q Where were all your friends at the day care when Mr. 20 Bob did that? 21 A They were all there, too, except they were just all 22 in different rooms. 23 Q Okay. What room were you in? 24 A It was Mr. Bob's room. 25 Q Okay. Where is Mr. Bob's room? 3396 1 A I don't remember. 2 Q Okay. Did any of the other children ever play in Mr. 3 Bob's room? 4 A Some. 5 Q Okay. And what kind of games would they play in Mr. 6 Bob's room? 7 A Well, they were playing with all the toys. 8 Q I'm sorry, Kyle I didn't understand you. 9 A They were playing with all the toys. 10 Q They were playing with other toys? 11 A Yeah. 12 Q Okay. Did they play in that room everyday? 13 A Sometimes. 14 Q Was that a room that you went in everyday? 15 A Some. 16 Q Do you remember what any of the toys were in that 17 room that everybody played with? 8 A No. 19 Q Do you remember who any of your friends were that 20 played in that room sometimes? 21 A No. 22 Q When Mr. Bob stuck the knife in your butt did it 23 hurt? 24 A Yes. 25 Q Okay. Did you cry? 3397 1 A No. 2 Q Okay. Why didn't you cry? 3 A Because it didn't hurt that bad, it hurt a little 4 bit. 5 Q Okay. Did you talk to Ms. Betsy about Mr. Bob 6 sticking a knife in your butt? 7 A No. 8 Q Did you talk to Ms. Dawn or Ms. Shelly about it? 9 A No. 10 Q Kyle, you told Mr. Hart that one time that you sucked 11 on Mr. Bob's ding dong; do you remember that? 12 A Yes. 13 Q Okay. Tell me about that? 14 A Well, he -- he just made me suck on his ding dong. 15 Q Okay. Where were you? 16 A At the day care. 17 Q And who else was there when that happened? 8 A Um, I don't remember. 19 Q Okay. Do you remember if Ms. Robin was there? 20 A No. 21 Q What about Ms. Dawn, was she there? 22 A Yes. 23 Q Okay. Was Ms. Betsy there? 24 A Yes. 25 Q And was Ms. Shelly there? 3398 1 A Yes. 2 Q Okay. Were your friends there when that happened? 3 A Some. 4 Q Okay. Do you remember which ones were there? 5 A No. 6 Q What did you do when that happened, Kyle? 7 A I told him to stop. 8 Q Okay. Did you say anything else? 9 A No. 10 Q Did Mr. Bob say anything to you? 11 A No. 12 Q Did any of the other people that were there say 13 anything? 14 A No. 15 Q Did any of your friends say anything? 16 A Well, when -- when it was play time we did, we 17 talked. 8 Q Okay. What did you say at play time? 19 A Well, we just said a couple -- we told jokes and we 20 just played. 21 Q Okay. When that happened did any of the grownups 22 that were there, Ms. Dawn or Ms. Robin, any of them say 23 anything? 24 A No. 25 Q Okay. What were they doing? 3399 1 A Nothing. 2 Q Did you tell your mom and dad about that? 3 A Yes. 4 Q Okay. Did you go tell anybody that day when it 5 happened? 6 A No. 7 Q Okay. When did you tell your mom and dad? 8 A The first day. 9 Q Do you remember any other bad things that Mr. Bob did 10 at the day care? 11 A No. 12 Q Did Mr. Bob ever do any bad things anywhere else? 13 A Like at all the other day cares. 14 Q Okay. He did bad things at other day cares? 15 A Yeah. 16 Q Tell me about that? 17 A Well, they were just other day cares. 8 Q What happened at those day cares? 19 A Almost the same thing. 20 Q Okay. Can you tell me the same things that you 21 remember? 22 A Yes. 23 Q Okay. Tell me about the things you remember that 24 happened. 25 A But, it's gonna be the same thing that I told you 3400 1 before. 2 Q That's okay. You can tell me whatever you want, 3 okay? 4 A Okay. He stuck a knife in my butt and that thing in 5 my butt and he made me suck his ding dong. 6 Q Okay. And that's what happened at the other day 7 cares, too? 8 A (Nods head). 9 Q Okay. When those things happened at the other day 10 cares, were there other people there besides Mr. Bob? 11 A Yes, it was all the people that was at the new day 12 care. 13 Q It was at the new day care? 14 A Yeah. 15 Q Okay. Do you remember who any of the people were 16 that were there? 17 A Yes. I remember Mr. Bob and Ms. Betsy and, um, the 8 big fat man and Ms. Shelly and Ms. Robin and Ms. Dawn. 19 Q Okay. Were they all there when the bad things 20 happened? 21 A Some. 22 Q Some of them were? 23 A Yeah. 24 Q Okay. What were they doing when the bad things 25 happened? 3401 1 A They were in another room taking care of the other 2 kids. 3 Q Okay. Who was in the room with you? 4 A Mr. Bob. 5 Q And anybody else? 6 A No. 7 Q Do you remember, Kyle, telling anybody about Mr. Bob 8 holding a sword up to Ashley's neck? 9 A I don't remember that. 10 Q You don't remember about that? 11 A Uh-uh. 12 Q Okay. Do you remember telling anybody about the bad 13 man named Andre who came and did bad things? 14 A I don't remember what he did. But I remember what 15 Mr. Bob did. 16 Q Okay. Tell me what you do remember about Andre? 17 A I just remember that he was there. 8 Q Okay. What did Andre look like? 19 A He was just an old person. 20 Q Okay. Was he a real old man? 21 A No. 22 Q Was he older than you were? 23 A Yeah. 24 Q Okay. Did you ever go anywhere with Andre? 5 A No. 3402 1 Q Did Andre ever take you anywhere? 2 A No. 3 Q Okay. Did Andre ever do anything to you at the day 4 care? 5 A No. 6 Q Okay. Do you remember what color Andre was? 7 A White. 8 Q Okay. Do you ever remember talking about an Andre 9 that was black? 10 A Yes. 11 Q Okay. Where did you see him? 12 A He was at the day care, too. 13 Q All right. Did you tell your mom that he did bad 14 things? 15 A He didn't do nothing. 16 Q He didn't do anything? 17 A No. 8 Q Did you ever go on a boat with Andre? 19 A I don't remember that. 20 Q What about going on a boat with Mr. Bob, do you 21 remember that? 22 A Yes. 23 Q Tell me about that? 24 A Well, he pushed me in the water and he said, um, 25 there's a shark, and he really did that at night time, he 3403 1 tricked us and, um -- and it was fake. 2 Q Okay. You said that Mr. Bob pushed you in the water? 3 A Yes. 4 Q Okay. Who else was there when that happened? 5 A The other kids and Ms. Betsy and Ms. Dawn and the big 6 fat man and all the other people who worked there. 7 Q Okay. When Mr. Bob pushed you in the water, what did 8 they do? 9 A They laughed at me. 10 Q Okay. What did you do after Mr. Bob pushed you in 11 the water? 12 A I climbed back up. 13 Q Okay. What did you climb up? 14 A The boat. 15 Q Okay. Did the boat have a ladder? 16 A No. 17 Q Okay. Do you remember what you climbed on to get 8 back in the boat? 19 A I pushed myself up. 20 Q Okay. Did you swim to the boat? 21 A Yes, and then I pushed myself back up. 22 Q Okay. What happened after you got back on the boat? 23 A Then they went back to the day care. 24 Q Okay. When the boat got back to the land, how did 25 you get back to the day care? 3404 1 A Well, he -- he -- he had the trailer and his -- we 2 took the boat off his truck, so then we -- then when we got 3 on land, um, we hooked the boat back up and then we drove 4 back to the day care. 5 Q Okay. Did you take the boat back to the day care 6 with you? 7 A Yes. 8 Q Okay. What happened after you got back to the day 9 care? 10 A Then my mommy and daddy came to pick me up. 11 Q Okay. What happened then? 12 A Then we went home. 13 Q Did you tell your mom and dad about the trip on the 14 boat? 15 A No. 16 Q Why didn't you tell them? 17 A Well, I told them one time, but that -- I think 8 that's all the other times I told them. 19 Q Okay. When you were out on the boat and Mr. Bob 20 pushed you in the water, what did the other children do? 21 A They didn't do anything. 22 Q Did any of them get in the water? 23 A No. 24 Q Did you go on other boat trips with Mr. Bob? 25 A No. 3405 1 Q Okay. Do you remember when you went on the boat trip 2 with Mr. Bob if Andre was there? 3 A Yes. 4 Q What was Andre doing? 5 A He was -- he was, um, -- he laughed like all the 6 others did. 7 Q Okay. Was that the black Andre or the white Andre? 8 A The white Andre. 9 Q Did he do -- did he ever drive the boat? 10 A Yes. 11 Q Okay. Who drove the boat besides Andre? 12 A It was just Andre. 13 Q Just Andre drove the boat? 14 A Uh-huh. 15 Q Kyle, do you remember Mr. Bob dressing up like an 16 army guy? 17 A No. 8 Q Okay. Do you remember him dressing up like a witch? 19 A Yes. 20 Q Okay. Tell us about that. 21 A Well, um, he -- he turned all the lights out while 22 Mr. Bob was in the closet putting the witch suit on, and 23 then he came out, and scared us all. 24 Q Okay. Where did Mr. Bob go to put the witch suit on? 25 A In the closet. 3406 1 Q Went in the closet. Okay. And then he came out and 2 scared everybody? 3 A Yes. 4 Q Okay. What happened after he scared everybody? 5 A Then he went back in the closet and took it off. 6 Q What happened then? 7 A Then what happened is mommy and daddy picked -- come 8 and picked me up. 9 Q Okay. Did you tell your mommy and daddy when they 10 came and picked you up about Mr. Bob being a witch? 11 A Huh, yes. 12 Q What did your mommy and daddy say when you told them? 13 A They said, um, well, that was a bad thing to do. 14 Q Okay. Did anybody else at the day care ever dress up 15 like a witch? 16 A No. 17 Q Did anybody else at the day care ever dress up in any 8 kind of costume? 19 A No. 20 Q Just Mr. Bob? 21 A Yes. 22 Q Okay. What did the other children do when Mr. Bob 23 came out dressed up like a witch? 24 A We all got scared. 25 Q Okay. Who -- were any other grownups there? 3407 1 A Yes. All the other people who worked there. 2 Q All the other people who worked in the day care? 3 A Yes. 4 Q You mean all the teachers? 5 A Uh-huh. 6 Q Okay. What did they say when Mr. Bob came out 7 dressed up like a witch? 8 A They all got scared. We didn't say nothing. 9 Q Okay. The grownups didn't say anything? 10 A No. 11 Q Kyle, do you remember anybody putting handcuffs on 12 you when you were at the day care? 13 A Yes. 14 Q Tell me about that? 15 A Well, Mr. Bob put the handcuffs on me and he tried to 16 trick me, but then he took them back off. 17 Q Okay. Where were you when he put the handcuffs on 8 you? 19 A At the day care. 20 Q Okay. Who else was there? 21 A All the other people. 22 Q Okay. Were any of your friends there watching when 23 Mr. Bob put the handcuffs on you? 24 A No. 25 Q Okay. What about grownups, were there any grownups 3408 1 there? 2 A No. 3 Q Okay. What did Mr. Bob say when he put the handcuffs 4 on you? 5 A He said, I'm gonna keep you in these handcuffs for 6 your whole life, but then he said I'm tricking you and then 7 he took them back off. 8 Q Okay. What did you say when Mr. Bob put the 9 handcuffs on you? 10 A I said you better take them off. 11 Q Okay. Kyle, do you remember your mommy or daddy 12 showing you a picture of somebody in the newspaper with 13 handcuffs on? 14 A Yes. 15 Q Okay. And then ya'll talked about Mr. Bob putting 16 you in handcuffs? 17 A No. 8 Q You don't remember? 19 A (Shakes head). 20 Q Okay. The day that Mr. Bob put the handcuffs on you 21 did you tell your mommy and daddy that day? 22 A Yes. 23 Q What did you tell them? 24 A I told him Mr. Bob put some handcuffs on me. 25 Q What did they say? 3409 1 A They said I think it's time for you to come out of -- 2 of that day care. 3 Q Okay. Kyle, do you remember Mr. Bob coming to your 4 house? 5 A No. 6 Q Do you remember telling your mom that he came to your 7 house and got in with a magic key? 8 A Yes. 9 Q Okay. Tell us about that. 10 A Well, he -- he broke in with a magic key and that's 11 all I remember. 12 Q Okay. How did you get to your house with Mr. Bob? 13 A Um, I don't remember. 14 Q Okay. When you got to your house what did Mr. Bob 15 say? 16 A He said I'm gonna break all your toys and steal them 17 all. 8 Q Okay. Did any of the other kids go to your house 19 with you? 20 A No, just him. 21 Q Okay. Did you tell your mom and dad about Mr. Bob 22 taking you to your house and saying he was going to break 23 your toys? 24 A Yes. 25 Q Kyle, do you know Jonathan Winslow? 3410 1 A Yes. 2 Q Okay. Was Jonathan Winslow ever there when Mr. Bob 3 did bad things? 4 A Yes. 5 Q Tell us about that. 6 A Well, he was there sometimes just watching. Mr. Bob 7 made him come over. 8 Q Made him come over where? 9 A To the day care. 10 Q Okay. And what kind of bad things did Mr. Bob do 11 when Jonathan was watching? 12 A I don't remember. 13 Q Okay. Do you ever remember telling your mom that Mr. 14 Bob and a fat man did bad things in the woods? 15 A Yes. 16 Q And that Jonathan was there? 17 A Yes. 8 Q Did you? 19 A Jonathan wasn't there that time. 20 Q Okay. Who was there? 21 A Me and the big fat man and Mr. Bob. 22 Q Okay. And were you -- were you in the woods behind 23 the big fat man's house? 24 A We were just in the woods. 5 Q Okay. Did you go to anybody's house? 3411 1 A No. 2 Q Okay. Tell me what happened when you were in the 3 woods with Bob and the big fat man? 4 A Nothing. 5 Q Okay. Why did you go to the woods? 6 A Because he just took me there and made me go there. 7 Q Did you drive on a car or a truck or did you walk? 8 A We walked. 9 Q Where were you before you started walking to the 10 woods? 11 A At the day care. 12 Q Okay. Did the big fat man come to the day care? 13 A Nope, he -- well, yeah. 14 Q Okay. Did you and Mr. Bob and the big fat man all 15 walk to the woods together? 16 A Yes. 17 Q Did anybody else go with you? 8 A No. Just me and the big fat man and Mr. Bob. 19 Q Did you tell any of your friends where you were 20 going? 21 A No. 22 Q Did you tell any of grownups at the day care where 23 you were going? 24 A No. 5 Q Okay. Did you tell your mom and dad you had been to 3412 1 the woods with Mr. Bob and the big fat man when they picked 2 you up? 3 A Yes. 4 Q When you went to the woods with the big fat man and 5 Mr. Bob, was it daytime or nighttime Kyle? 6 A Daytime. 7 Q Daytime. Kyle, do you remember Ms. Debbie that lived 8 down the street from you? 9 A Yes. 10 Q Okay. Did she do bad things to you? 11 A No. 12 Q Do you remember telling your mom that Ms. Debbie 13 stuck her finger in your bottom? 14 A No. 15 Q Was Ms. Debbie always nice to you? 16 A I don't remember. 17 Q Do you remember talking to your mom about Ms. Debbie? 8 A No. 19 Q Kyle, when you were at the day care did you ever play 20 upstairs? 21 A Sometimes. 22 Q Tell me what you played upstairs? 23 A That's where he did some of the bad things. 24 Q Okay. Tell me about the bad things that happened 5 upstairs? 3413 1 A It was the same things that I told you before. 2 Q Okay. When the bad things happened upstairs? Who 3 was up there? 4 A Mr. Bob and all the children and all the grownups and 5 me. 6 Q Okay. What were the other children doing while you 7 and Mr. Bob were doing bad things? 8 A Just watching. 9 Q What were the grownups doing? 10 A Um, they were, um, watching, too. 11 Q Okay. Do you want to stop and drink some water? 12 A Um, they were just watching. 13 Q Okay. When they were watching what were you and Mr. 14 Bob doing? 15 A He was hurting me. 16 Q How was he hurting you, Kyle? 17 A Like -- like I told you before. 8 Q Okay. Do you remember Judson Smith? 19 A No. 20 Q Okay. Do you remember Judson's mom, Ms. Nancy? 21 A No. 22 Q Do you remember talking to your -- to your mother 23 about maybe Ms. Nancy did bad things to you? 24 A No. 5 Q Kyle, do you remember Mr. Bob peeing on the floor at 3414 1 the day care? 2 A No. 3 Q Okay. Do you remember telling -- you remember 4 Michelle, don't you? 5 A Yes. 6 Q Do you remember telling Michelle that Bob peed on the 7 floor at the day care and Ms. Betsy cleaned it up? 8 A No. 9 Q Tell me about the snakes at the day care, Kyle. 10 A Well, Mr. Bob had some snakes and he -- he only had 11 one and he put one on the floor and -- and, um, he made it 12 chase me. 13 Q Okay. What did you do when the snake chased you? 14 A Um, it was only a toy snake; it wasn't real. 15 Q Okay. Did you tell anybody about that? 16 A My mommy and daddy. 17 Q Who -- who was there when Mr. Bob put the snake on 8 the floor? 19 A All of the children and all of the grownups. 20 Q And what did they do when Mr. Bob put the snake on 21 the floor? 22 A They just -- they just stand there and watched me. 23 Q Okay. Do you remember telling your mom or Michelle 24 that Mr. Bob cut the snake up with a big knife? 5 A Yes. 3415 1 Q And he killed him? 2 A Yes. 3 Q Do you remember telling them that he killed a turtle, 4 too? 5 A Yes. 6 Q Okay. How did he kill the turtle? 7 A He killed it with a big old knife. 8 Q Where was he when he killed the turtle with the big 9 knife? 10 A At the day care. 11 Q Okay. Was it out in the hallway? 12 A No. It was in the rooms. 13 Q Okay. Do you remember whose room it was in when he 14 killed the turtle? 15 A No. 16 Q Tell me about how he killed the turtle with the 17 knife? 8 A He chopped its neck. 19 Q Okay. What happened when he chopped the turtle's 20 neck? 21 A He went dead. 22 Q Okay. Was it a big turtle or a little turtle? 23 A A little turtle. 24 Q Okay. What did the other children do when Mr. Bob 5 killed the turtle with the big knife? 3416 1 A They just watched. 2 Q Okay. What did the grownups do? 3 A They watched. 4 Q Kyle, do you remember telling your mom about seeing 5 Ms. Betsy try to get the snakes up with a vacuum? 6 A No. 7 Q Okay. Do you remember talking to your mom about 8 being tied up when you were at the day care? 9 A Yes. 10 Q Okay. Tell me about being tied up. 11 A Um, he -- we were playing at play time. Then -- then 12 he kept saying be quiet, be quiet right when we were 13 starting to play, and then he said if you don't be quiet, I 14 am going to tie you up with a rope and so we didn't be quiet 15 and he tied us up with a rope. 16 Q All right. Who was tied up with you? 17 A All -- some of the other kids. 8 Q Okay. Do you remember who the other kids were? 19 A No. 20 Q What happened after you were tied up? 21 A Then he untied us. 22 Q Okay. What happened after he untied you? 23 A Then mommy and daddy came. 24 Q And what did you tell your mommy and daddy then? 5 A I told -- I told them what he did. 3417 1 Q And what did your mommy and daddy say? 2 A He said that I think it's time for ya'll -- for you 3 to come out of this day care. 4 Q Okay. 5 Q Kyle, do you remember Mr. Bob putting children down 6 in a well with a bucket? 7 A No. 8 Q Okay. Do you remember ever talking to Michelle about 9 that and telling her that Mr. Bob took children and tied 10 them up with a rope and put them in a well? 11 A No. 12 Q Do you remember anybody getting blood on the floor at 13 the day care, Kyle? 14 A No. 15 Q Do you remember telling your mom and Michelle that 16 Mr. Bob cut his neck and got blood on the floor? 17 A No. 8 Q Okay. Do you remember telling them that Mr. Bob cut 19 your neck and got blood on the floor? 20 A No, he didn't cut my neck. 21 Q I'm sorry, what did you say, Kyle? 22 A He didn't cut my neck. 23 Q Did he cut anybody's neck? 24 A No, he just didn't cut my neck. 5 Q Did you ever see him cut anybody else's neck? 3418 1 A No. 2 Q Did you ever see Mr. Bob lick blood up off the floor? 3 A Um, no. 4 Q Kyle, did Ms. Betsy ever see Mr. Bob do these bad 5 things? 6 A Sometimes. 7 Q Okay. What did she do when she saw Mr. Bob doing 8 these bad things? 9 A She laughed. 10 Q Okay. Did Ms. Robin see him do any bad things 11 sometime? 12 A Some. 13 Q And what did she do? 14 A He laughed, too. 15 Q And did Ms. Dawn see him doing bad things? 16 A Sometimes. 17 Q And when she saw him doing bad things what did she 8 do? 19 A He laughed, too. 20 Q Okay. Did Ms. Betty see Mr. Bob doing bad things? 21 A No. 22 Q Okay. Did you ever talk -- 23 MR. HART: If Your Honor please, I would ask 24 the record to reflect, the witness has just yawned and we 5 are forty minutes into the testimony; I would ask for a 3419 1 break, please. 2 MR. SPIVEY: If you'd like to break, I'd be 3 glad to. 4 THE COURT: What? 5 MR. HART: Kyle has just yawned and he's become 6 very distracted, and I would ask the Court to make an early 7 break for that, Judge. 8 THE COURT: All right. Would you like to rest 9 a bit? 10 THE WITNESS: No. 11 THE COURT: Go ahead. You may proceed. 12 BY MR. SPIVEY: 13 Q Okay. Kyle, did you ever talk to Ms. Betty about the 14 bad things that were being done to you? 15 A No. 16 Q Okay. Did you ever talk to Ms. Brenda? 17 A Yes. 8 Q What did you tell Ms. Brenda? 19 A The same things that I just told you? 20 A Okay. Now, when you talk about Ms. Brenda are you 21 talking about the police lady? 22 A Yes. 23 Q Okay. Do you remember the Ms. Brenda that worked at 24 the day care? 5 A No. 3420 1 Q Okay. Do you remember Ms. Cindy that worked at the 2 day care? 3 A No. 4 Q Kyle, when Ms. Betsy and Ms. Robin saw Mr. Bob doing 5 bad things and they just laughed did you say anything? 6 A No. 7 Q Did any of the other children say anything? 8 A No. 9 Q Did the other grownups there see them laughing? 10 A No. 11 Q Where were all the other grownups when the bad things 12 were happening? 13 A They were, um, all eating -- eating lunch. 14 Q They were all eating lunch? 15 A Yes. 16 Q Did you eat lunch at the day care? 17 A Yes. 8 Q Okay. Tell me about that. 19 A Um, when it was lunch time we all sat down while they 20 cooked lunch and when lunch was ready we -- we ate. 21 Q Okay. Do you remember the room that you ate lunch 22 in? 23 A In the kitchen. 24 Q Okay. What was it like in there? 25 A Well, it had a little place where you cook it and a 3421 1 big old table with a whole bunch of chairs. 2 Q Okay. Did other children eat lunch at the same time 3 you did? 4 A No -- or yes. 5 Q Okay. Do you remember who any of the kids were who 6 ate lunch when you did? 7 A No. 8 Q What kind of things would you have for lunch? 9 A Sometimes hot dogs and sometimes hamburgers, and 10 sometimes -- just I don't remember. 11 Q Okay. Who made the lunch for you? 12 A Sometimes Ms. Betsy and sometimes Mr. Bob. 13 Q Okay. Do you ever remember Ms. Dawn making lunch? 14 A No. 15 Q Did bad things ever happen at lunch time? 16 A No. 17 Q Kyle, do you remember telling your mom that Mr. Bob 8 made you eat poopie at the day care? 19 A No. 20 Q Okay. Did that ever happen? 21 A Yes. 22 Q Tell me about that. 23 A Well, someone used the bathroom and didn't flush the 24 toilet. Then he saw it and then he took some out and put it 5 on the floor and he made me eat some. 3422 1 Q Okay. What -- whose room was that in? 2 A Mr. Bob's. 3 Q Okay. Was that at the day care? 4 A Yes. 5 Q Okay. Did Mr. Bob eat poopie, too? 6 A No. 7 Q What did the other children do when that happened? 8 A They weren't in there. 9 Q Where were they? 10 A They were at their houses. 11 Q Okay. Was this in the daytime or at nighttime? 12 A Nighttime. 13 Q This was at nighttime? 14 A Yes. 15 Q Okay. How did you get to the day care at nighttime? 16 A Um, all the other children left and it was close to 17 nighttime. 8 Q Okay. So all the other children went home? 19 A Yes. 20 Q Okay. And who was there besides you and Mr. Bob? 21 A All the other people who worked there. 22 Q Was Ms. Betsy there? 23 A Yes. 24 Q Was Ms. Robin there? 25 A Yes. 3423 1 Q What about Ms. Shelly, was she there? 2 A Yes. 3 Q Was Ms. Betty there? 4 A Yes. 5 Q Was Ms. Cindy there? 6 A Yes. 7 Q Was Ms. Brenda there? 8 A Yes. 9 Q Did they see Mr. Bob make you eat the poopie? 10 A No. 11 Q Okay. Where were they when that happened? 12 A They were, um, all somewhere else. 13 Q They were all somewhere else? 14 A Yes, some were in the day care. 15 Q Okay. Well, what happened after Mr. Bob made you eat 16 poopie? 17 A Then I went in the bathroom and spit it back out. 8 Q Okay. What happened then? 19 A Then mommy and daddy came and picked me up. 20 Q Did you say anything to your mommy and daddy? 21 A Yes, I said, Mr. Bob made me eat poopie. 22 Q And what did your mommy and daddy say? 23 A They said it's time for you to go out. 24 Q Okay. Did that happen more than one time, Kyle? 25 A No. 3424 1 Q Kyle, do you remember any of the toys that you played 2 with when you went to see Ms. Michelle? 3 A Yes. 4 Q What kind of toys did you play with there? 5 A Well, I played with -- just toys. 6 Q Do you remember what any of the toys were like? 7 A No. 8 Q What did you do with Michelle? 9 A Well, we played and put puzzles together and played 10 games and then mommy came and picked -- picked us up and 11 then we went home. 12 Q Okay. What kind of games did you play? 13 A Well, we played Ninja Turtles, and Ninja Turtle 14 puzzles and stuff like that. 15 Q Kyle, do you remember playing a game called 16 girlfriend? 17 A No. 8 Q Have you ever played a game like that? 19 A No. 20 Q Do you remember playing doctor? 21 A Yes. 22 Q Okay. Who did you play doctor with? 23 A Mr. Bob. 24 Q And how did you play doctor? 25 A Well, he -- like he hurted me and like that. 3425 1 Q Okay. Well, tell me how he hurted you. 2 A Well, he stuck stuff in my butt. 3 Q What kind of stuff? 4 A Doctor stuff. 5 Q What kind of doctor stuff? 6 A Um, stuff like real doctors have. 7 Q Can you tell me what it looked like? 8 A Well, like those things you put around your neck and 9 that's all I remember. 10 Q Okay. Is that the thing where you listen to your 11 heart? 12 A Yes. 13 Q Okay. Did you ever play that game with your friend 14 Jim? 15 A No. 16 Q Okay. You never played doctor with Jim? 17 A No. 8 Q Do you remember Jim? 19 A Yes. 20 Q Okay. Tell me about Jim. 21 A He was my best friend and we liked to play a lot. We 22 played policeman and cowboys and we played army, stuff like 23 that. 24 Q Where did Jim live? 25 A Across the street from me. 3426 1 Q Do you remember telling your mom that Jim showed you 2 how to play doctor? 3 A No. 4 Q Do you remember telling your mom that Jim showed you 5 how to play doctor by looking up people's hineys? 6 A No. I'm talking about my friend Jim. 7 Q Okay. Where does your friend Jim live? 8 A Across the street from me. 9 Q Does he live across the street from you now? 10 A No. He used to. 11 Q Okay. When you lived in Edenton? 12 A Yes. 13 Q Okay. Was Jim older than you? 14 A Yes. He was about six. 15 Q Did you ever tell your mom that you played doctor? 16 A No. 17 Q Okay. Thank you for talking to me, Kyle. I'm not 8 going to ask you anymore questions right now, okay? 19 A Okay. 20 THE COURT: Have you other questions? 21 MR. HART: Just a couple, Judge. 22 REDIRECT EXAMINATION BY MR. HART: 23 Q Kyle, these things that Mr. Bob did to you and made 24 you do to him, did it happen just one time or did it happen 25 lots of times? 3427 1 A It happens a lots of times. 2 Q Do you remember a conversation when you -- that you 3 heard your mom talking to your dad where she was telling him 4 about how Mr. Bob made you lick his ding dong? 5 A No. 6 Q Okay. Did Mr. Bob make you lick his ding dong or 7 suck his ding dong? 8 A Suck his ding dong. 9 Q And can you show us how he made you do that? What 10 did he make -- what do you have to do to suck his ding dong? 11 A Well, he -- he just told me -- you suck my ding dong. 12 Q Okay. Kyle, when Mr. Spivey was asking you questions 13 you told him that Mr. Bob made you -- that Mr. Bob put 14 things up your butt, do you remember that? 15 A Yes. 16 Q Did Mr. Bob put different things up your butt at 17 different times? 8 A Sometimes. 19 Q Okay. Do you remember him putting your -- his finger 20 up your butt? 21 A Yes. 22 Q Do you remember him ever putting his ding dong up 23 your butt? 24 A No. 25 Q Do you remember him ever putting anything up -- 3428 1 anything else up your butt? 2 A No. 3 Q Okay. That's all the questions I have, Your Honor. 4 THE COURT: Thank you. Any others, Mr. Spivey? 5 MR. SPIVEY: Just very briefly. 6 REDIRECT EXAMINATION BY MR. SPIVEY: 7 Q Kyle, can you tell me about the time Mr. Bob put his 8 finger up your butt? 9 A Um, it was the first time when I went there. 10 Q The first time you went to the day care? 11 A Yes. 12 Q Okay. Tell me what happened? 13 A Well, when he just stuck his finger up my butt. 14 Q Okay. Who was there? 15 A Um, just me and Mr. Bob. 16 Q Okay. Where were the other children? 17 A They were all at home. 8 Q They were all where, Kyle? 19 A At home. 20 Q They were all at home. Okay. Was Ms. Betsy there? 21 A No. 22 Q Was Ms. Robin there? 23 A No. 24 Q Was Ms. Shelly or Ms. Dawn there? 25 A No. 3429 1 Q Was Ms. Betty or Ms. Cindy there? 2 A No. 3 Q Was anybody there besides you and Mr. Bob? 4 A No. Just me and him. 5 Q Do you know where all the grownups had gone? 6 A No. 7 Q Do you remember what room you were in? 8 A No. 9 Q Okay. What happened after he stuck his finger in 10 your butt? 11 A Nothing else. 12 Q Did you do anything? 13 A No. 14 Q Did you say anything? 15 A No. 16 Q Did Mr. Bob say anything? 17 A No. 8 Q Did you tell your mom and dad when they got there? 19 A Yes. 20 Q And what did your mom and dad say? 21 A They said, um, it's really time for you to come out. 22 Q Okay. Thank you, Kyle. 23 THE COURT: Mr. Hart. 24 MR. HART: No further questions, Your Honor,