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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,
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