CARRIE DEJSEROTH: Clark 11 1 A Because T smelled alcohol on his breath. 2 Q He didn’t have anything physically with him? eB) A fies 4 Q@ Was he doing anything else in your apartment? 5 Q® fhe 6 0 He wasn’t? 7 A No. a MS. CLARK: I have nothing 9 further . 10 THE COURT: Mr. Shaffer? aa MR. SHAFFER: No redirect, 12 Your Honor . 13 MR. CERASO! Your Honor, 14 may we approach the bench. 15 SIDE BAR CONFERENCE HELD. 16 MR. CERASO: If the Court 17 please, I’m going to request that if there 18 are any additional witness statement ~~ this 19 girl last indicated she made a written 20 statement she signed. We got a synopsis of a1 what she said which was given to us by Mr. 22 Shaffer. But there is no question that what 23 this girl has testified to certainly is © 24 exculpatory as it applies to my client and 25 therefore I believe it comes under the BradyCARRIE DEISEROTH: Clark 12 1 Rule that we should have that kind of 2 information. Her statement that was given to 3 us did not go to the depth that this goes 4 into. 5 MR. SHAFFER: There was 6 no -- as fer as I am aware, there is no 7 written statement that she made. 8 MR. CERASO: Okay. That's 9 the second phase. If in fact there is not 10 written statement and she is now testifying 11 she gave a written statement that was signed, © 12 that is something that can be used relative 13 to impeachment of this particular witness. 14 @nd bear now, of course, Bill, you had no 15 idea she was going to testify there was a 16 written statement that was signed by her. 7 But I think that we are entitled -- 18 MR. SHAFFER: Let me confer 19 with the Trooper. 20 THE COURT: Let’s get that 21 clarified now before she 22 leaves the stand. 23 MR. SHAFFER: I disagree. © 24 It’s inexculpatory. 25 THE COURT: I don’t believe10 it 12 13 14 15 16 7 18 19 20 at 22 24 25 2 CARRIE DETSEROTH: Clark 1 this other party was with this defendant. MR. CERASO: You are going to hear from that other party later if what we understand if McClearn in his statement he was with none of the people sitting here. END OF SIDE BAR CONFERENCE. MR. SHAFFER: JI think maybe we could clear this up, Your Honor, with further examination. SIDE BAR CONFERENCE HELO. MR. SHAFFER: The trooper tells me she is probably confused. She signed the receipt of the subpoena she was given that day which was probably where she is making the mistake. THE COURT! Is he representing there is no uritten statement from her? MR. SHAFFER: Right. THE COURT: Does that clarify that? MR. SHAFFER: I will ask her. END OF SIDE BAR CONFERENCE .10 a 12 13 14 15 16 17 18 19 20 a. 22 23 24 28 CARRIE DETSEROTH: Clark 14 REDIRECT. EXAMINATION BY_MR. SHAFFER? 9 Did you sign a statement that you made in this case o did you sign a subpoena that was given to you to appear? A Tt was a subpoena. I know I had signed something. I’m sorry. THE COURT: Now, are there any further questions? MR. CERASO: No, Your Honor . MS. MCLEAN: No, Your Honor . MS. CLARK? No, Your Honor . THE COURT: All right. You may step down. Thank you. THE WITNESS WAS SWORN. YARD_MAYHUGH, being first duly sworn according to law testified as follows: QIRECT EXAMINATION BY_ SHAFFER: @ Sir, would you state your full name for the record, please. & Leonard anthony Mayhugh.