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A section from Massachusett's first daycare case (Comm vs. Baran).
Clerk: Do you promise to tell what happened, David.
David: I don't know.
Mr. Ford: David, do you promise to tel us what happened? Remember
how we talked about it?
Clerk: Are you going to tell us what happened?
Mr. Ford: Are you going to tell us the truth, Dave?
Witness: Yes.
The Court: All right.
Mr. Ford: I think the answer was, yes your Honor.
The Court: Do you want to ask him some preliminary questions?
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Q Dave, do you know Bernie?
A No.
Q You don't know Bernie?
A No
Q Never saw him before?
A
Q Are you telling the truth, Dave?
A No.
Q You do know Bernie, DOn't you?
A No, I dont.
Q Never saw him before today?
A No.
Q How did you know his name?
A (No response)
....
Q You've got a cold? Be a big boy, Dave. Dave, I want to ask you
a question. Did Bernie ever touch you?
Mr. Conway: Objection, your honor.
The Court: Overrruled.
Q Did Bernie ever touch you, Dave?
A No, I don't want to talk to him.
Q You don't want to talk to these people?
A No.
.
.
.
Q Are you going to MacDonald's?
A We just went at MacDonald's.
Q Do you want to go again?
A Yup.
Q After you talk to us you can go back to MacDonald's.
Now, show us where Bernie touched you, Dave?
A No.
Q Why?
A 'Cause.
Q 'Cause why?
A I don't like to.
Q Is it hard to talk about this?
A Yup.
Q Is it scary?
A Yup.
Q There's nothing to be scared of Dave (the child pulls the doll's zipper
down).
Q Is that what Bernie did?
Mr. Conway, Your honor, I object to this.
Court: Your objection is noted.
Q Is tthat what Bernie did, Dave?
A No.
Q What did he do?
A (No response)
...
Q... Remember the time you had to go to the doctor, Davey?
A I don't like him.
Q You don't like me? I thought we were friends?
A I'm not your friend any more.
Q What did I do? Did I talk about bad things?
A Yes.
I ain't talking to him.
Foster mother: You can talk.
...
Q. Dont do that, Dave. It makes noise. Did you ever see Bernie's P?
A (no response)
Foster mother: Talk to him like a big boy.
The witness: No.
Q Dave, these people sitting right here are nice people.
Foster mother: Did you look at them?
Witness: No.
.....
(
geocities.com/jgharris7)