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UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

THE HON. MICHAEL J. McSHANE, JUDGE PRESIDING

UNITED STATES OF AMERICA,

Government,

vs.

DANIEL STEPHEN JOHNSON,

Defendant.

)

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No. 6:14-cr-00482-MC-1

REPORTER'S TRANSCRIPT OF PROCEEDINGS

EUGENE, OREGON

Tuesday, May 1, 2018

Day 2, Morning Session

Vol 1A PAGES 1 - 61

DEBORAH COOK, RPR, CSR.

OFFICIAL COURT REPORTER

405 East 8th Avenue

Suite 2130

Eugene, Oregon 97401

(541) 431-4162

Deborah_Cook@ord.uscourts.gov

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APPEARANCES OF COUNSEL:

FOR THE GOVERNMENT:

Jeffrey S. Sweet

United States Attorney's Office

405 E. Eighth Avenue, Suite 2400

Eugene, OR 97401

541-465-6771

Fax: 541-465-6917

Email: Jeff.sweet@usdoj.gov

Lauren E. Britsch

U.S. Department of Justice

Criminal Division

1400 New York Ave NW, 6th Floor

Washington, DC 20530

202-514-2220

Fax: 202-514-1793

Email: Lauren.britsch@usdoj.gov

Ravi Sinha

United States Attorney's Office

1000 SW Third Ave, Suite 600

Portland, OR 97204

503-727-1014

Fax: 503-727-1117

Email: Ravi.sinha@usdoj.gov

FOR THE DEFENDANT:

Craig E. Weinerman

Office of the Federal Public Defender

859 Willamette Street, Suite 200

Eugene, OR 97401

541-465-6937

Fax: 541-465-6975

Email: Craig_weinerman@fd.org

Lisa A. Maxfield

Pacific Northwest Law LLP

1255 NW Ninth Avenue, No. 11

Portland, OR 97209

(503) 222-2661

Fax: (503) 222-2864

Email: Lamaxfield@pacificnwlaw.com

*****

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WITNESS INDEX

Page/Line

FOR THE GOVERNMENT:

KARLA COMSTOCK 4 20

DIRECT EXAMINATION

BY MR. SWEET

5 3

CROSS EXAMINATION

BY MS. MAXFIELD:

37 17

REDIRECT EXAMINATION

BY MR. SWEET

57 7

EXHIBIT OFFERED INDEX

EXHIBIT 21, 29, 34, 43, 50, 57, 58,

66, OFFERED

12 11

EXHIBIT 82, 83, 84, 123, 124 OFFERED 33 16

EXHIBIT RECEIVED INDEX

EXHIBIT 21, 29, 34, 43, 50, 57, 58,

66, RECEIVED

12 16

EXHIBIT 82, 83, 84, 123, 124 RECEIVED 33 20

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EXCERPT OF PROCEEDINGS

Tuesday, May 1, 2018, at 10:21 a.m.

(Brief recess taken from 10:01 a.m.

to 10:21 a.m.)

(JURY IN)

THE COURT: First witness for the government.

MR. SWEET: Thank you, Your Honor. The United

States calls Karla Comstock.

MS. MAXFIELD: Your Honor, before we begin, may we

move to exclude witnesses?

THE COURT: Yes. Witnesses should be excluded, so

both sides.

I am just going to center the front row so you are

not behind either group there. Thank you.

Ms. Comstock if you step up to the witness stand to

my left. Step up the stairs, and remain standing for just a

moment and you will be sworn in.

KARLA COMSTOCK,

produced as a witness, having been first duly sworn,

was examined and testified as follows:

THE WITNESS: I do.

COURT CLERK: Please be seated. State your name for

the record, spelling the last.

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DIRECT EXAMINATION - K. COMSTOCK

Page 5

THE WITNESS: Karla Comstock, C-O-M-S-T-O-C-K.

DIRECT EXAMINATION

BY MR. SWEET:

Q Good morning, Ms. Comstock.

A Good morning.

MR. WEINERMAN: Judge, we can't hear very well.

THE COURT: Ms. Comstock, that button in front of

you is a microphone. So sometimes if you put things in front

of it, it gets noisy. There's a screen to your left, and at

times different exhibits might pop up for you to look at.

We have a court reporter in front of you. She's

taking down everything we say, so sometimes we have to talk a

little slower and louder than you normally would.

Q BY MR. SWEET: Ms. Comstock, where do you live?

A Marble, Colorado.

Q What do you do there?

A I am a nanny.

Q Where did you spend most of your childhood?

A Coos Bay, Oregon.

Q How long did you stay at Coos Bay? At what age did you

leave?

A I left after high school, so around 18.

Q So, Ms. Comstock, do you know Daniel Johnson?

A Yes, I do.

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Q Have you ever been to Cambodia?

A Yes, I have.

Q Did you stay at one of the orphanages in Cambodia with

Mr. Johnson?

A Yes, I did.

Q Can you please give the jurors a brief summary of how

you went from Coos Bay, Oregon to Cambodia?

A I, after high school, went to college. I ended up doing

some mission trips to Africa and Honduras, and fell in love

with third-world cultures. I spent several years searching

for a way to be involved overseas in different cultures, and

ended up joining an organization that allowed me to work in

countries such as Pakistan and Nepal, teaching English.

I then ended up not being able to work in Pakistan.

They didn't give us our visa, so I went to Thailand to teach

English and was encouraged and invited by my pastor in Oregon

to go and meet an organization in Cambodia ran by Daniel

Johnson and work with the kids for Christmas, and meet them

in 2011.

Q And Ms. Comstock, does your church play a large role in

your life?

A Yes.

Q And has your religion helped shape your decisions and

your conduct?

A Yes.

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Q Could you -- let's talk a little bit more about how you

first -- when was the first time you met Mr. Johnson?

A Officially, he had actually come to Oregon and spoke at

the church, I think, in 2008 or 2009 before I went to

Pakistan. Briefly -- it was a momentary introduction, and

then I didn't realize that was the same guy that I would be

meeting when I went to Cambodia.

Q So before you went to Cambodia, you were in Thailand; is

that correct?

A Yes.

Q So let's talk about how you went, in a little more

detail, how you went from Thailand to Cambodia. What does

that look like, please?

A So I was just basically teaching English, trying to

reestablish whether I would be going back to Pakistan, what I

could do for my future. And I didn't have much of a plan at

that time. So when the pastor said that there was a team

from Oregon going to work in Cambodia, that I could go there,

maybe join them, meet these kids, possibly look into a future

of working in Cambodia, since I didn't know if I could go

back to Pakistan -- and I wasn't necessarily interested to

stay in Thailand. That was more of a waiting ground for me

to find out what I would be doing for my future.

Q And if we could pull up Government's Exhibit 273,

please, something should pop up for you.

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THE COURT: We need Ms. Pew for that, I am sorry.

MR. SWEET: Hopefully this looks like a map.

Q BY MR. SWEET: Do you see that, Ms. Comstock?

A Yes.

Q Could you please just show us where you were? If you

point on that, if you touch that --

THE COURT: You can draw with your finger.

A JUROR: We can't see it.

THE COURT: Are you going to offer the exhibit into

evidence?

MR. SWEET: Yes, 273 was admitted.

THE COURT: You can draw on the map with your

finger.

THE WITNESS: I believe I was in Chiang Mai, which

is in the north.

Q BY MR. SWEET: And that's in Thailand?

A It's a mountain area of Thailand.

Q From Thailand you ended up going -- could you put your

finger on the whole country, too.

A To Cambodia.

Q And so why was it you wanted to -- you said Thailand

wasn't working out that well for you. Is there anything in

particular?

A I had been in a very remote area of Pakistan, not a lot

of electricity, very impoverished persons, and that was more

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the people I felt my heart was towards. When I got to

Thailand, my students were amazing, the people I worked with

were amazing, but it was a wealthy environment and I didn't

feel that that would be where I wanted to spend a lot of my

years. So I was there, it was great, but I was looking to

see where God might take me.

Q So did Cambodia have some appeal for you?

A They were extremely impoverished, and extremely run

down. They need a lot. They didn't have much of a foot to

stand on. They are a very sweet culture, but I believe

because of the killing fields in Pol Pot, they didn't have

much going for them. There weren't a lot of highly educated

persons in their country to build them up, and become

something grand. So they are a very needy, hungry, wonderful

people to work for.

Q At that time, Ms. Comstock, were you single?

A Yes.

Q Did you know if Mr. Johnson was single?

A Yes.

Q Was that another factor in going to Cambodia?

A It was a potential curiosity, yes.

Q And is that something your pastor -- did people mention

that to you, that he was single?

A Yes, it was brought up to me as a, by the way, he's also

around your age and working with a ministry and is available.

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Q So do you recall when you first went to Cambodia?

A Christmas -- December 25, 2011.

Q And let me show you Government's Exhibit 272, which was

admitted earlier this morning. And do you see anything on

your screen there?

A Yes.

Q And do you recognize 272?

A I believe that's the home they were living in when I

arrived for Christmas, 2011, yes.

Q And before going into some more details about that, how

many trips did you make to Cambodia over the next year or so?

A I ended up going three times in total.

Q Could you tell us how long each of those trips were?

A The first trip was three weeks, the second trip was six

weeks, and then I was able to go again for another three

weeks.

Q The first trip was Christmas of 2011. Approximately

when was the second trip?

A Around April, March and April I believe. And then the

third trip was in July.

Q And are those both 2012?

A Yes.

Q So what -- could you tell us please, what was it like at

the orphanage? You get to Cambodia. You get to the

orphanage. What was it like?

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A In the beginning it was amazingly energetic, chaotic. A

lot of laughter and smiles from the kids. Very busy. The

kids definitely loved foreign interaction, and were delighted

to be around us, and easy to get to know, easy to fall in

love with. They are just amazing kids.

Q And let's talk about some kids. I would like to show

you some photographs to make sure we're talking about the

same people.

MR. SWEET: Your Honor, these are a series of

photographs that counsel and the government have discussed,

and so I would like to run through these.

THE COURT: Go ahead.

MR. SWEET: The first is Exhibit 8, please.

Q BY MR. SWEET: I am going to ask if you recognize this

person?

A That's LS X.

Q And Exhibit 21?

A That's SO XXX.

Q And 29? And I am talking about the person on the left.

A That's CC X.

Q And 34?

A That's "ES XXX" or "ES XXX" and Daniel.

Q And 43?

A RT XX.

Q 50?

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A PE XXXXXX is on the left, and Tola is on the left.

Q 57?

A LT XXXXXXX.

Q 58?

A Heng and his brother SESX.

Q And 66?

A BT XXXXXXX.

MR. SWEET: Thank you. And I believe those have all

been admitted. But to the extent not, we offer them so they

can be admitted.

(EXHIBIT 21, 29, 34, 43, 50, 57, 58,

66, OFFERED.)

THE COURT: Any objections?

MS. MAXFIELD: None.

THE COURT: They will be admitted.

(EXHIBIT 21, 29, 34, 43, 50, 57, 58,

66, RECEIVED.)

Q BY MR. SWEET: Do you know all the boys whose pictures

you identified?

A Yes.

Q Let's talk a little bit more. You are at the orphanage,

it's energetic. So what was your role?

A I came to see, observe, find out if there was a way I

could assist as just like side support.

I was given an opportunity to possibly help some of

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the teams that came in that were short-term teams from

America to pick up whatever they needed, supply coffee. I

was given whatever random task needed to be done that was a

lot of -- there's a lot of things going on in ministries and

there wasn't a team, really. So basically whatever I could

do.

Q And did you enjoy it?

A Yeah. Yes, I did.

Q Did the boys -- can you talk a little bit about what a

typical day would look like for the boys? What is a typical

school day?

A They seem to be kind of just scrambling in the mornings

to get their breakfast, which would usually be a pot of

leftover rice from the night before. They would go to school

in groups. There was different times for the younger kids or

the older kids. They didn't have a bus or van or anything.

They would walk in small groups to school.

They come back, sometime in the afternoon, play a

little bit, do some chores, rest. We would have some dinner

together. Usually in the evening they would eat together in

a large group, and play. Just kind of all over the place. A

lot of different things happening. A little bit chaotic.

But some would be up in their rooms doing homework

or resting. But most would be down hanging out together.

That was when there wasn't a team around. There were

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different teams there.

Q If you would estimate, roughly, how many boys were in

the boys' house?

A Around 25 -- there was about 35 total, but I think there

were five girls, so around 25 or 30 boys.

Q And was there -- you mentioned the girls, so can you

tell us briefly about the girls?

A There were about five of them, different ages from 5 to

13 or 14 at the time I was there. And they did have their

own little room and -- wonderful, wonderful girls.

Q When you were there, this is your first trip, if you had

to describe your impression of the children's mood, how did

the children seem to you?

A When I was there in the beginning, very happy to see us

and hang out with us. When there was a foreigner, very happy

during that first trip I noticed. That's pretty much all I

paid attention to the first time.

Q So you said you were there for about three weeks. Why

were you only there three weeks, and what did you do next?

A I was only there for three weeks, because I was an

English teacher. And I had -- in Thailand, and I had classes

to get back to. We were there for like a Christmas break

time that we didn't have to teach. So I needed to go back to

Thailand and teach some classes.

Q What did you do -- so you went back to Thailand, and

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what led you back to a second trip?

A The country, the kids, just such -- so beautiful and

really -- excuse me. It was a ministry that I wanted to be

part of for those kids, and to -- there was a need, and I

knew I could fill it.

That's what I was looking for is a place that I

could dedicate my life to in any way I could. And there was

a lot of need there. And the kids didn't have a mother

figure. They were very drawn towards just having someone

around that was female, and that they could enjoy with, and

laugh with. And I wanted to be part of that.

Q And so let's talk a little bit about Mr. Johnson. Was

he there for your first trip?

A Yes.

Q Did you spend time with him?

A Yes.

Q And so what was Mr. Johnson like?

A In the beginning, charming, friendly, able to laugh

easily, and have fun with us, when he was with us. Busy,

very hectic, kind of coming and going a lot, and kind of just

seemed overwhelmed, telling a lot of -- just always giving

instructions for people to come, go, and do this, and do

that, and make arrangements for teams to come. But he was

friendly. He was charming with us in the beginning.

Q And was that throughout your first trip?

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A Yeah.

Q And how was he with the boys for your first trip?

A When we were around as a group, when there was a team,

very friendly and -- but sort of so busy that he mostly was

just kind of barking orders to go do things. This needs to

be done, this needs to be done, this needs to be done. Not

really sitting and resting and relaxing with them, or having

too much fun with them. He would have fun with us as a team,

a group of people, but more or less sort of that -- just a

lot of things needing to get done that he was giving to them

to do, the older boys.

The younger boys I didn't, in the beginning, see a

whole lot of interaction with them during the daytime, in the

afternoons.

Q Did you see interaction in the evenings?

A A little bit, yeah, especially when the teams were

around. But when we had like worship services or something,

he wasn't usually there. He would take a lot of time off to

be in his room, or go on an errand, or go to a meeting.

I saw a little bit of interaction with the younger

kids, but it was, You guys need to go take a shower. You

need to do your homework. Those types of things.

Q Did you talk with Mr. Johnson -- at some point, did you

talk to Mr. Johnson about coming back for a second trip?

A Yes.

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Q How did that go?

A He was fine with it, and said the kids looked forward to

seeing me, and was okay for me to come back as long as I

wanted. Just basically said, yeah, what's your dates, what's

your times, come on back.

Q So your second trip, approximately, when was that again,

please?

A In April.

Q And how long was the second trip?

A Six weeks.

Q So could you describe the second trip, and things you

noticed?

A I did notice a little bit of this in the beginning, but

the second time I noticed more of it. Teams were coming a

lot more, there's a lot heavier burden, it seemed, on getting

things done. A little more barking happening. Something I

saw is whenever the kids needed or had a problem, he would

puff himself up, and hold his fists, and like push out his

chest, and just glare, and basically like a little bit of a

threat or control issue happening with making sure the kids

got in line.

I would not even necessarily have noticed anything

had just happened, I didn't know what kid did what wrong.

That type of behavior started increasing. I started seeing

more of that. Noticed the kids weren't really interacting

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with him on a personal level, so not coming up and hugging or

loving on them, or them hugging and loving on him, like they

were with us when we would come.

It was more like a fear base. He would walk into a

room, and with me, they would be laughing and having a good

time. When he came in, he would be in whatever mood, and

they didn't know if he was going to be friendly or not, and

they would avert their eyes away from him. And even I

started doing it, too, because you didn't know what he was

going to do. He would be a little more sharp, upset about

something, yelling about something, frustrated about

something. I saw a lot more of that coming out and starting

to increase.

Q On this second trip, where were you staying?

A They had rented a girls' house by then that was down the

street a little bit, and I was staying at the top level in a

guest room.

Q And was anyone else there, other than you and the girls?

A Off and on teams were coming in, and we made another

room across the hall from me for the teams to stay in. So

they would be there for a week or so, like they would come

from around 10 or 11 days, and part of that time they would

stay there or go to a village.

Q So when you say team, does that mean -- what does that

mean?

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A It's an American group of people, maybe 10, 15 people,

possibly or six people coming from somewhere in the US to

work with Daniel's ministry.

Q So let's go back to Mr. Johnson's moods. You mentioned

when he would walk in a room, looking for his mood. Why is

it that you would have to check and see what his mood was?

A It was unpredictable, and he would be -- when the teams

were around, a lot of friendliness, a lot of laid-backness,

and joking. But when they weren't around or about to come,

it was more intense. Just seemed really irritated and easily

angry, and would be harsh and quick to like, I need this,

where is this.

And everyone would be in the room, so we don't know

who he's talking to, or who needs to do what, but just jump.

And you'd stop what you are doing, jump, do this, do this,

get me this, where is this.

And we didn't know when he would walk into the room

if he would be laid back and able to talk to, or angry or

upset about something.

Q Let me ask you this. A lot of people get sharp under

stress, but a minute ago you turned your head to the side.

Could you describe in as much detail as you can, what the

boys' reaction would be when Mr. Johnson would walk into a

room.

A Something like that (indicating). The joking and

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laughing with each other, having a good time, and he would

walk into the room and it was, Like don't look at him. It

was felt like everybody was doing, like don't look at him, so

we don't get attention from him because it wasn't going to be

a positive attention.

MS. MAXFIELD: I am going to object; much of the

testimony is based on speculation.

THE COURT: You can describe what you saw, but

please don't speculate what people may have been thinking.

THE WITNESS: I saw the laughter stop, the smiles

stop, the heads go down, trying to look busy or active

instead of just relaxed.

Q BY MR. SWEET: And you were reacting that way, as well?

A I began to, yes.

Q Ms. Comstock, have you been in various orphanages or

centers with children, other than Mr. Johnson's?

A A few, yes.

Q Have you seen similar reaction from children in other

type locations?

A No.

MS. MAXFIELD: Objection; relevance.

THE COURT: Overruled.

Q BY MR. SWEET: Ms. Comstock, the reaction you described

having when Mr. Johnson would walk into the room, is that a

reaction you typically have with people?

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A No.

Q Have you encountered people who are strict or

strong-willed?

A Yes.

Q Do you have that reaction with these strict or

strong-willed people?

A No.

Q Could you talk, please, about -- let me ask you this.

Were there some boys who were Mr. Johnson's favorites?

A I would say so, yes.

Q And could you identify them, please?

A SO XXX, LS X, LT XXXXXXX, Tola, BT XXXXXXXXXX.

Q What makes you say they were his favorites?

A He was warmer towards them. He gave them -- like they

were in a room at Christmas getting special gifts with him

that the other kids weren't there getting. I am not sure

why.

Kids were asked to be cleaning while he left. I was

responsible to go over to the boys' house and make sure they

were cleaning. He was in the village with the other team.

SO XXX was playing, or just sitting and reading his Bible.

And I said, "Why are you not cleaning?" "Well, I am reading

my Bible." And I said, "You still need to be cleaning. You

can do that later. That's great, but you still have to

clean."

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And when Daniel came back he was told about this

interaction. And he said, "Why would you ask him to clean?

He was reading his Bible." And he, himself, had given me

strict orders to make sure all the kids were working to clean

up the house. "Yeah, it's great that he's reading his Bible,

but he still needs to be cleaning like the rest."

And there was an understanding SO XXX had that he

didn't have to do things that others were doing.

MR. WEINERMAN: Objection to what SO XXX was

thinking.

THE COURT: If you can go ahead and ask a question.

Q BY MR. SWEET: Was SO XXX, based on your observations,

treated differently than --

A Yes.

Q I am sorry. One second.

Was he treated differently than many of the other

boys?

A Yes.

Q What are some -- so you gave a Bible example, what are

some other examples?

A The gifts that were given, and a warmth and friendliness

and closer connection than I saw with the others on a more

regular basis.

Q Were you friendly with SO XXX?

A The same as the others, yes.

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Q Did -- you talked about gifts. Could you elaborate,

please? How often did boys get gifts?

A I was there for Christmas, so everybody was getting

gifts at Christmas. But there were different levels of

gifts. Supposedly, from my understanding, coming from

supporters. Daniel had just been in America and was bringing

things back. For birthdays -- but some would be given really

amazingly nice things in comparison to others. Tola's

birthday he was given a really nice guitar, that type of

thing.

Q What about food? Was there a difference in who would

get special foods?

A I am not overly aware of that. I do know Daniel would

sometimes have food brought into his room, like KFC, which

the kids would be eating a group meal down below of like rice

soup, or something. He would have special food in his room,

and those boys were in his room with him. So I don't know if

they ate it or not.

Q Let's talk about boys in the room. You said "those boys

would be in his room." Could you specify which boys you are

talking about, generally?

A As far as I knew, the ones staying in the same room were

SO XXX, LT XXXXXXX, LS X and BT XXXXXXXXXX.

Q And when you say staying, what do you mean by staying?

A They slept in that room.

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Q How do you know that?

A When I'd come in the evenings, or go around the house to

help them clean, I knew approximately where different ones

were staying. They had multiple mattresses on the floor, and

the house was completely full. There was -- every room had

to have multiple people in them. And those boys were in that

room in the evenings, at nighttime.

Q When you say "that room," which room is that room?

A Daniel's room.

Q And would other boys routinely spend the night in

Mr. Johnson's room, or was it the ones you described,

generally?

A Not that I know of. Just the ones I described.

Q Was there a time when -- let's talk about, were there

things you saw that made you uncomfortable?

A Yes.

Q Can you describe one, please?

A One evening I went up to talk to him about something

happening the next day that I needed to get -- I don't know

the details of why I needed to speak with him, but I needed

to get some information. And he told me to just come up if

you ever need something.

So I knocked on the door of his bedroom and he said

come on in. And I opened up the door, and SO XXX and LT XXX

XXXX were sitting against the back wall on a mattress just in

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Page 25

their underwear. Daniel was in his underwear, and LS X was

in his underwear.

And LS X was bent out, with his legs out, and his

back -- he's facing down on his legs. And Daniel was pressed

on top of him, full weight, like laying on him. And LS X was

kind of making like -- he was saying something in Khmer,

angrily. The boys were laughing, but uncomfortably laughing,

looking at me looking at Daniel.

And Daniel brushed it off, and got off and said they

were wrestling. And I had never seen wrestling like that.

It was just bizarre. And LS X was extremely mad and angry

and like reaching back and touching his back, like hurting

and in pain.

Q And obviously, you are in court here today, so things

may be viewed through a different prism, but at the time did

that bother you?

A Yes.

Q Did you ever write things down that bothered you?

A Yes, I did.

Q Approximately when did you write them down?

A Sometime in the middle of the second trip. I just had

enough little things starting to add up that I began to try

to evaluate whether I could even join this ministry, or be

around this. Some stuff was bothering me, so I started

writing down what I was seeing.

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Q You described Mr. Johnson wearing boxers or underpants,

I don't recall which.

Was that the only time you saw him in skimpy

clothes?

A No. There was a variety of times, but even just around

the same time period, that day or the day before, I had

needed something. Again, went up, knocked on the door. He

was in the bathroom taking a shower. I was going to leave.

He said, "It's okay. Hold on, I am almost out." He came out

in a very tiny yellow towel, and he's not a small individual

at that time.

And he's completely naked, except for this little

towel. And he's like, "What do you need?" And I said,

"Okay. I will come back." And he said, "It's okay. We will

talk."

And he sat down on a bench, facing the kids,

spread-eagle, wearing a towel and I could see his thigh. And

I was averting my eyes, really uncomfortable. And he just,

"No, it's no problem."

So I sat down facing the same direction so I

couldn't see anything. But the boys were standing there, I

believe LS X, SO XXX, a couple of them -- I don't know who

else -- pointing and laughing at his middle section where the

towel was at. And he was just basically, completely exposed

in front of them. And I was very uncomfortable with that.

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DEBORAH COOK, OFFICIAL COURT REPORTER

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Q Was LS X's reaction to what he was seeing visible and

obvious?

A Yes.

Q Did Mr. Johnson attempt to change his position or

anything?

A No.

Q Did you talk to Mr. Johnson at some point about some of

his behavior?

A I attempted to, yes.

Q How did that go?

A I called him to do some private talk in an office. We

went up, and before I began even to explain what I was upset

with, he jumped into just saying, "I never knew I would be a

single man working in this country with all these kids. It's

really hard," buried his head, threw his notebook down,

started -- I don't know if he was crying or sobbing, but

really upset.

And I said -- I consoled him, I am really sorry it's

this hard. I know you have a lot of burdens on you. I am

not sure what you are talking about.

And he composed himself and said, Oh, well, what are

you talking about? Is it because of this? Well, this is

this, and that happened because of that, and then got upset

about something else that was unrelated to what I was going

to talk about.

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Page 28

Actually, I am trying to address the fact that you

are yelling at the kids, and I am very uncomfortable with the

extent to which you are yelling. And he says, I don't yell.

I am just strict.

I am very calm at this point, and I said, When you

are getting angry you are yelling full volume.

I'm not angry. I'm not yelling. These are drug

kids from the streets. I am trying to keep control of them

and be strict with them.

Q Let me ask you, was there -- were there jokes or

discussions made regarding sexual references to the children?

A I am not sure what you mean.

Q Was there words in Khmer used by Mr. Johnson to some of

the boys to describe them?

A Yes.

Q What was that?

A He would use the word "kathoey", which means -- because

of working in Thailand I understand that means lady-boy.

Q How did the boys react to that?

A The one being called that would get embarrassed or feel

ashamed, and the ones around that would hear it would laugh

and mock and tease that person.

Q So you are there for six weeks. What were your plans

initially when you went back for six weeks? Did you have a

goal in mind for what you were going to do?

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DEBORAH COOK, OFFICIAL COURT REPORTER

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DIRECT EXAMINATION - K. COMSTOCK

Page 29

A At that point I was seriously considering joining his

ministry as some sort of ministry team person. He went -- I

gave him the money and he went to the embassy office to get

me a one-year visa to stay in Cambodia to work long-term.

And we were considering that I would be joining his team.

Q Did you do that?

A No.

Q When did you decide not to do that?

A Towards the end of that trip I began to see enough red

flags that I went back to Thailand and did a lot of praying

and fasting and seeking counsel to find out if the problems I

was seeing were serious enough, and if I needed to

actually -- if I could go back or not. If it would be an

environment that would be healthy enough to go back to, and

it was determined at that point it was not.

Q Let me ask you a few things about some other people

there that we haven't spoken about earlier.

You mentioned BT XX, BT XXXXXXX. Can you talk about

what his role was at the orphanage?

A I would call him Daniel's right-hand man. He was

responsible for doing whatever errands needed to be done, he

organized teams, picked them up from the airport. He would

get the groceries, everything. He was in charge of the kids.

He was in charge -- basically when Danny was absent, he was

in charge.

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Page 30

And even when Daniel was there, if Daniel wasn't

interacting directly with the kids, it would be BT XX's

responsibility to make sure people were doing what they

needed to be doing.

Q Does he speak English?

A Yes.

Q What about Pastor Sopheak?

A Pastor was -- seemed to be more of the religious side of

things. He was in charge of going to the villages, the

churches, and corresponding with the pastors and church

people there, and bringing teams to and from. And basically

he made sure the kids were doing a worship of some sort.

Q Were the children -- did the children like BT XX?

A Yeah.

Q What about Pastor Sopheak?

A They seemed to, yes.

Q We haven't talked -- I want to ask you one thing.

Massages, were massages a common occurrence when you were

there?

A Somewhat, yes.

Q Who was massaging who?

A On different occasions the kids would come down if a

team was there, and walk behind and do a little bit of a

massage on our shoulders. And Daniel explained they do it

with him, and he explained that he would give them a tip to

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Page 31

do a massage so they could like contribute to teams, and that

was their way of helping out.

And then sometimes, like when we were at a church,

there was a net that we were all sleeping under. And one of

the kids was in giving Daniel a massage. He didn't have his

shirt on, and he was massaging him.

Q In terms of -- let me ask you this. Were there some

boys who left during your time there?

A Yes.

Q What did you notice about that?

A Different ages, a lot of them were really young. They

would be there one day having a great time, laughing,

everything seemed normal, I am getting to know them. And

then they would be gone the next day or that day. And I

would say, Where is so-and-so? They left. Different

reasons, maybe because they wanted to, or because --

MR. WEINERMAN: Calls for speculation.

THE COURT: Sustained.

Q BY MR. SWEET: Did you believe the boys were -- in terms

of their having shelter and food, were they in a good

situation at the orphanage?

A In the beginning, yes.

Q You mentioned a third trip, but yet you also said you

weren't going back to work. Would you explain that, please?

A I had known I was not going to join his ministry at that

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Page 32

point. I decided to go back to America to kind of regroup

and think about and pray about what was going to be next and

see my family.

And I Skyped with some of the kids to say I am not

coming back to work, but I couldn't explain to them why,

because of language barriers and not knowing how to explain

what I was saying to them. So they said before you go back

to America, can you please come see us.

MR. WEINERMAN: Objection to "they" without

specifying who she was talking to.

Q BY MR. SWEET: Who was it --

A The kids. Multiple kids.

Q Do you recall who it was?

A I think I Skyped with BT XXXXXXXXXX and the kids were

there with him in a big group.

Q And I believe you said they were asking you to come

back?

A Yes.

Q What did you decide to do?

A I said, Sure, I will try. So I arranged with Daniel --

he was in America, and I specifically wanted to go back while

he wasn't there so I could see the kids in a more relaxed

atmosphere, also find out if what I was seeing was

problematic. And I went back when he was in America for

three weeks in July.

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Page 33

Q And what did you notice, if anything, when you went

back?

A They were relaxed and happy. More than I had ever seen

them before.

Q They being --

A The kids, all of them.

Q I have a few more photos, Ms. Comstock.

MR. SWEET: Pull up 82, please.

Q BY MR. SWEET: And what does that show, please?

A It's not up. That was upon my arrival, that third time.

A JUROR: We don't have anything.

MR. SWEET: Your Honor, I am sorry, this is 82.

These are the ones we talked about with counsel, 82, 83, 84,

123 and 124, following five photos that we discussed with

counsel, and I don't believe there's any objection.

(EXHIBIT 82, 83, 84, 123, 124

OFFERED.)

MS. MAXFIELD: No.

THE COURT: They will be admitted. Thank you.

(EXHIBIT 82, 83, 84, 123, 124

RECEIVED.)

Q BY MR. SWEET: What are you seeing in this photo?

A I had just arrived my third time, and those were the

first ones that got to see me, the first of the kids when I

was in the room and I had just come from the airport.

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DIRECT EXAMINATION - K. COMSTOCK

Page 34

Q And what is on the wall behind you?

A That's a mural that we painted while I was there, that I

helped the kids with. Daniel built the wall, and asked if I

would do a mural of some sort. And I had the kids draw

pictures, and from their pictures we designed a mural.

Q Let's look at 83, please, and what is this, please?

A That's one of my last nights there, saying goodbye.

Q Obviously, you were on the far left; is that correct?

A Yes.

Q Could you point out a few of the boys that you recognize

in this photo? Touch it, and it should -- touch a face.

A Do you want any specific one?

Q Anyone you would like.

A So LT XXXXXXX --

Q Could you speak up just a little because you are away

from the mic?

A LT XXXXXXX, Pong, LS X, Wattana, Samneang, Little D with

Rotna, BT XX. He was new. His name was Baptist. RT XX,

Heng, ES XXX, Tola, SO XXX, Ravy, Sambo, CC X, Sophal, Sean,

Pastor Sopheak, and the girls, Ongsa, Vesna, Julie, and this

little guy was Vanni.

Q I want to pull up one photo that I showed you earlier,

and that is pull up No. 34 again, please. Do you recall this

day?

A Yes.

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Q Were you there?

A Yes.

Q Do you know if you took the photograph?

A I did.

Q Why is it that you recall this day?

A I had arrived, this was my second trip. They had the

girls' home. Daniel wanted to get a refrigerator and washing

machine, and some other things for the girls' home, and I had

said I would help out.

So we went to this mall and he had one of the older

men, named Heng, specifically go back and grab ES XXX to come

that day. And when he arrived he was extremely sad or

somber, wouldn't smile, looked very upset. And multiple

times throughout the day, or the hour, Daniel said, Aren't

you happy? You are here, this is a good thing. You get to

come here.

And he didn't really perk up or smile. So again, he

said, You need to get happy. And he didn't really perk up or

smile. We came down to have ice cream, and at that point

Daniel basically said, Get happy. And just like that he

flipped a switch, smiled real big, and acted extremely happy,

which was to see him so somber and then flip to be happy was

pretty impressive. I can't do that. But it was after he

commanded him to.

Q Was ES XXX generally a happy child when you were there?

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DEBORAH COOK, OFFICIAL COURT REPORTER

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DIRECT EXAMINATION - K. COMSTOCK

Page 36

A No, most of them were, but he was not. He was pretty

depressed acting --

MR. WEINERMAN: Objection to depression; lack of

qualifications.

MR. SWEET: Sad.

THE COURT: Overruled.

Q BY MR. SWEET: Let me ask you -- almost done,

Ms. Comstock. Did you -- you finished the third trip and

then what did you do?

A I had to go back to America, and I was ill at that time.

They found cancer, so I went home and went through chemo and

radiation treatments for a year, and was in Iowa with my

family.

Q At some point did you address your concerns with

Mr. Johnson?

A The night before my first chemo treatment, I felt like

God told me to release it. I had been praying and really

agonizing over who to talk to about what I was seeing, the

problems, but I did attempt to talk to one person. They

didn't really listen to me.

So the night before chemo I felt like I needed to

address it directly to Daniel, and I wrote him an e-mail

stating very specifically what I thought I had been seeing

and he needed to seek help, or that the ministry wasn't going

to -- should not be able to continue.

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Q And was that before Mr. Johnson's arrest?

A Yes, it was.

Q And have you stayed in contact with many of the boys,

Ms. Comstock?

A Yes, I have. It's not been as frequent right now, but

yes, I was able to Skype with them while I had cancer and

talk with them and e-mail with them.

Q And are you still in contact with some of them until

this day?

A Yes.

MR. SWEET: Check one exhibit. Thank you,

Ms. Comstock.

I have no further questions, Your Honor.

MS. MAXFIELD: Thank you. Would the Court mind if I

examine from here?

THE COURT: Anywhere you like.

CROSS EXAMINATION

BY MS. MAXFIELD:

Q Good morning. I am Lisa Maxfield, and I am one of the

lawyers representing Mr. Johnson.

You testified that you had gone to Cambodia three

times; is that right?

A That is correct.

Q And the first time you went you believe was on Christmas

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Day in 2011?

A Yes.

Q You stayed there about three weeks?

A Yes.

Q And left sometime around January 15th; is that right?

A I believe so.

Q And if you had Facebook exchanges with Mr. BT X on the

16th indicating you were gone, would that help you set the

dates?

A Yes.

Q When you arrived on that day, you did watch the kids

open their gifts?

A Yes.

Q Did you know how the children were funded within the

center?

A I knew there were supporters.

Q What occurred at that center was each child had its own

sponsor or supporter, and that sponsor or supporter would

provide the kid with gifts sometimes, clothing, and basically

care for that individual child; is that right?

A I believe so.

Q And so it's true that on Christmas of 2011 some sponsors

had sent child A certain gifts, and a different sponsor had

sent child B different gifts; is that right?

A As far as I know.

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Q So as those gifts were doled out, they were doled out

and the child was told the gift was from the person in the

United States who sent it to them?

A I didn't hear the conversations of what they were told.

I didn't know.

Q But you did know that sponsor A didn't necessarily

provide the same level of support as sponsor B?

A I don't know.

Q Some sponsors had more money, and some sponsors were

more generous?

A I don't know.

Q You did know that that sort of sponsorship, or that sort

of love offering was something that happened voluntarily; is

that right?

A I would assume so.

Q So Mr. Johnson didn't really have control over the level

of sponsorship?

A I don't know.

Q He didn't have control over the extravagance of the

gift?

A I don't know.

Q But you made some assumptions anyway about whether he

was favoring one child over another child?

A Not based on that.

Q Now, during your first visit you testified that you had

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gone there based on a suggestion of your pastor?

A Yes.

Q Your pastor in Coos Bay?

A Yes.

Q And that pastor had sent you as an assistant for a very

short period of time; is that right?

A He just asked me to be a presence.

Q And you were to be a presence for a team that was coming

from Coos Bay from an associated church?

A That was his hope.

Q And that team was only going to be there for a few days,

ten days?

A I believe so.

Q And that was the extent of your mission or your

requested mission to Cambodia the first time?

A No.

Q You weren't sent there -- when you went there you did

know that Mr. Johnson was the director of the center, or the

leader of the center?

A Yes.

Q You knew he was in a leadership role?

A Yes.

Q You did not go there expecting a leadership role?

A I didn't have an expectation.

Q But one expectation that you did have was that

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Mr. Johnson was single?

A I knew he was.

Q And you were single?

A Yes.

Q And there was some hope that when you got there that you

could decide whether he was someone you were willing to date,

or even someone you were willing to marry?

A I was curious, yes.

Q But you didn't travel to Cambodia by yourself, is that

right, the first time?

A No, I did not.

Q Instead you traveled with another woman?

A I did.

Q And that woman's name was Mariah Nok (spelling); is that

right?

A Nok is what I called her, yes.

Q How long had you known Ms. Nok?

A A few weeks or months. I met her a couple months before

that.

Q Would you recognize her?

A Yes.

MS. MAXFIELD: Could I ask to show Defendant's

Exhibit 603, page 20, please.

This is the curse. So much for my tech skills.

Q BY MS. MAXFIELD: Can you see what is there on your

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monitor?

A Yes, I can.

MS. MAXFIELD: And can the jury see it as well? Can

I ask it be published to the jury? It's been previously

admitted, Your Honor.

THE COURT: Yes.

Q BY MS. MAXFIELD: Can you see Ms. Nok in that

photograph?

A Yes, I can.

Q Where is she?

A (Indicating).

Q In the blue shirt?

A Yes.

Q Ms. Nok was a very pretty woman, isn't she?

A Yes.

Q Ms. Nok left the Hope Transition Center about a week

after she got there?

A I believe so, yes.

Q But you stayed behind?

A Yes.

Q Now, during this first visit there wasn't really room

for you to stay at the Center, correct?

A No.

Q So instead, you stayed at the Green House Hotel; is that

right?

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A With Ms. Nok, yes.

Q And Mr. Johnson had made those arrangements for you?

A Yes.

Q And after Ms. Nok left, did you leave the Green House

Hotel or stay there?

A I stayed there.

Q So at the end of the first visit, it sounds as though

you just noticed happy children, a lot of enthusiasm, a lot

of good energy?

A Mostly.

Q And perhaps some gifts that you thought were uneven?

A Somewhat, yes.

Q You went back to the Hope Transition Center again in --

like a few weeks later, is that right, in March or April of

2012?

A About six weeks later.

Q If Facebook records would suggest that you were there

between March 12th of 2012 and April 26th of 2012, would you

quarrel with that?

A It would be around that, yes.

Q So you arrived on the 12th, and you left Cambodia on

April 26th, the second time?

A I believe so.

Q Now, you went to Cambodia the second time to assist

Mr. Johnson?

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A Yes.

Q And again, you did not believe you were going there in

any sort of leadership role?

A Not at that time.

Q And when you returned the second time, you did not know

that Mr. Johnson and Mariah Nok had secretly been

communicating?

A I knew they were friends, we were all friends.

Q During the second visit the accommodations had changed,

and now there was a place for you to stay; is that right?

A That is correct.

Q And that would have been in the girls' room?

A Yes.

Q And you stayed there with, you said, five girls?

A I believe there were between five and 10 at that time,

but they were possibly getting more.

Q And who else was staying in the girls' -- were there any

boys staying in the girls' home?

A There were two boys staying in the middle level, PE XXX

XXX and BT XXXXXXXXXX.

Q Because we're going to get confused down the road, is

that the same as BT XXXXXXX?

A Yes, BT XXXXXXX.

Q Now, you said Mr. Johnson slept in the boys' room --

slept in the boys' building?

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A He was in the boys' house, yes.

Q And he had a bedroom, and there were several boys who

stayed in that bedroom, as well?

A Yes.

Q And I think when you took your contemporary notes you

thought there were as many as four or five boys who stayed in

that bedroom?

A I don't remember.

Q You did know that that bedroom seemed to you to be some

sort of a hang-out room?

A Not for everyone, no.

Q Well, when you would go there, there would be often

several boys in the room?

A A few, yes.

Q Now, the TV room at this next building, it was a

communal room?

A In which building?

Q During your second visit, in the boys' building, there

was a television room that was separate from anyone's

bedroom; is that right?

A Yes.

Q And at that time, at least, there was no projector set

up in Mr. Johnson's room?

A Not that I know of.

Q So if Mr. Johnson watched movies in that bedroom, he did

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it on his computer?

A I don't know.

Q But as far as you knew, when people wanted to watch

movies, that took place in a communal television room?

A I didn't observe them watching very many movies in that

house. I don't know.

Q Now, sometime during this second visit, did you learn

that Mr. Johnson was beginning a relationship with Mariah

Nok?

A Not that I knew of.

Q Pardon?

A Not that I knew of.

Q You didn't know?

A No.

Q Not at any time during the second visit?

A No.

Q At some point during the second visit, though, you did

keep a journal of things that Daniel Johnson did that kind of

made you mad?

A Yes.

Q And you later told the FBI you called that your red flag

memo, the red flags that you had seen?

A Sure.

Q And the red flags that you seen, one of the things that

really made you mad was that Daniel Johnson had the sub

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woofer in his vehicle turned up too loud. In fact, that was

the first thing that made you mad?

A I don't know if it was the first thing.

Q What was the first thing you wrote down?

A I don't know what I first wrote down, but I don't know

if that was the first thing that made me mad.

Q You were upset that his sub woofer was overly loud, and

set at an uncomfortable level?

A That wasn't what made me upset.

Q You complained to him and asked him to turn it down?

A I said it was -- Do you like listening to it this loud?

And he slammed it off, instead of talking with me about it.

Q So you didn't like the fact that he just turned it off

and gave you the silent treatment, and instead would not

engage you about your preferred volume for the sub woofer?

A His action was extreme.

Q Pardon?

A His action felt extreme to me.

Q And that extremity was him turning off the stereo and

not talking to you anymore?

A He slammed it off when I simply asked him, do you really

like it this loud.

Q Now, your second complaint, or your second red flag was

that he regularly makes very fast and decisive decisions

about everything?

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A That was something I did notice.

Q You were upset that he was very opinionated about how

things should be done?

A I believe I wrote more.

Q You were upset because when the boys drank all the water

in the girls' water cooler, that he asked the boys not to do

that?

A Again, I believe I wrote more than that.

Q I am just talking about subject areas. That would be

the subject that you wrote; is that right?

A Yes.

Q And then there was a day that you wanted to go to the

zoo, and Mr. Johnson didn't want to go to the zoo and you

wrote about that?

A I did write about that, yes.

Q When he finally relented and said we could go to the

zoo, you didn't like the attitude he had, either en route or

when you got there?

A He became angry when we finally did go.

Q He was grumpy?

A I don't know his direct --

Q This is one of the red flags that you noted when you

started to write down the things that made you mad?

A Yes.

Q You said that he would constantly get upset with the

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kids for not doing what he wants them to do?

A True.

Q You said that sometimes when he was mad at the kids,

that he would make a muscle man pose and glare at the kids?

A Yes.

Q There was a time when the water tank in your bedroom

overflowed?

A It did.

Q And you were upset because he was angry at you for not

telling him quickly enough?

A He didn't run up to find it, I did. He was mad I didn't

shout down the hall at him instead of running back down to

tell him it was happening.

Q You didn't like his recordkeeping?

A I'm sorry?

Q You didn't like the way he kept records?

A I didn't see him keep records.

Q Did you notice that in your parade of horribles, one of

the things was his recordkeeping was chaotic?

A That he didn't keep records.

Q So that was something you listed, as well?

A It was a concern.

Q And you also listed that he ran the place as if he were

a king?

A Yes.

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Q That bothered you?

A Yes.

Q You spent, single-space, six pages of documentation of

red flags; is that right?

A I don't know how many pages.

Q Not once did you make even a peep about any kind of

inappropriate touch?

A I believe I did -- no, you are right.

Q You did not?

A That is correct.

Q Now, you talked about these massages and you said that

the kids would give Mr. Johnson massages?

A Yes.

Q He was open about that?

A Yes.

Q The kids would give these church teams who came to

visit, massages?

A Yes.

Q Did a kid ever give you a massage?

A Yes.

Q That was part of the Cambodian culture, was it not?

A I don't know.

Q Other things that you complained about was that when --

let me back up a little bit.

When we would have -- we had two things going on at

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the same time. Mr. Johnson was doing ministry work or

helping to build some things for rural communities, churches,

wells, things like that, outside of the center; is that

right?

A As far as I knew, yes.

Q So what would happen is different church teams would

contact Mr. Johnson and ask if they could assist on this

project or that project?

A I believe so.

Q And these teams would come for anywhere between 10 days

and two weeks and help out on different projects?

A That's what it looked like, yes.

Q Mr. Johnson asked you to stay behind with the children

while he went out with the teams?

A Most of the time.

Q And that's one of the things that you complained about

was that these teams would leave and work on these projects

instead of staying at the center to play with the children;

is that right?

A I don't believe that was a complaint.

Q During the second trip at some point you refocused your

romantic attention to Pastor Sopheak; is that right?

A Not that I know of.

Q That did happen very soon, either during the second trip

or very soon thereafter?

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A I don't believe so, no.

Q Was there a time that you made dinner for Pastor Sopheak

and got upset because he didn't like the dinner you had made?

A I made dinner for all of them, everyone.

Q Uh-huh.

A I don't remember him saying if he liked it or not.

Q Sometime after that second visit you were communicating

with BT XXXXXXX on Facebook?

A That is right.

Q And one of the sad news that BT XXXXXXX had to share

with you was that Pastor Sopheak was looking for -- or maybe

you shared with him, that Pastor Sopheak was looking for a

younger wife or a younger bride, and that that had hurt your

feelings?

A I don't believe it hurt my feelings.

Q But you actually noticed that you were no longer within

his preferred group of potential spouses?

A I did not look to him as a potential spouse.

Q You made your second visit in April of 2012?

A Yes.

Q And was it your testimony that between April and your

third visit, that you did not want to go back to the center

because you knew that Mr. Johnson was there, and you wanted

to avoid him?

A Can you repeat the first part of that?

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Q Was it your testimony that after you left the second

time, and before you came back the third time, that you did

not want to visit the center as long as Daniel Johnson was

going to be at the center?

A I was happy he was not going to be there.

Q It's also true, though, that before July of 2012 when

you returned for the third visit that you were in contact

with Mr. Johnson, and trying to arrange for that third visit?

A Originally, we had talked about if I was going to come

back. I was still debating whether that was going to happen

or not.

Q It wasn't really a debate, was it?

A It was.

Q In May of 2012 you were in contact with Mr. BT X, BT XXX

XXXX, regarding whether you would return, and he wrote and

asked whether you would be coming soon.

Do you remember telling him that you had attempted

to negotiate with Mr. Johnson to return to the center, but

that he had a very strong reaction, not good, to your return?

A About coming back with a team.

Q He did not want you to return.

A With a team.

Q But you had been willing to return, even with him there?

A At that point, if I had another team with me, and he

didn't want the team to come with me --

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Q You made an assumption about which part he wanted there,

and which part he did not; is that right?

A He told me in an e-mail that he was uncomfortable with

the other group.

Q He didn't tell you that he had a very strong reaction to

you, personally?

A Not at that time.

Q So when you returned in July of 2012, the reason you

were able to return is because Mr. Johnson didn't care if you

were at the center as long he wasn't there?

A I don't know his reason, but he said it was okay for me

to go.

Q It is fair to say that you and Mr. Johnson butted heads?

A Not openly.

Q Well, you had some ideas about how he should run his

center?

A I have ideas how anyone should be running anything that

is ministry-based.

Q He did not believe that you were the appropriate person

to give him counsel?

A I don't know what he believed.

Q He told you he didn't believe that you were the

appropriate person to give him counsel, and that, in fact, he

had other people that he relied on for input and counsel?

A I believe he said that after November when I was back in

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the US, and told him what I felt was wrong.

Q You said that during the time that you were there, that

Mr. Johnson was -- in the beginning, you noticed it was just

chaotic and that he had many, many tasks to complete?

A Yes.

Q He was trying to arrange these church teams to go out

into the rural areas to build churches, to dig wells, and

things like that?

A Sure.

Q And he had all of these kids that were now living in his

center?

A Yes.

Q You said that he was frustrated by this child care

responsibility?

A I don't know. He was frustrated, yes.

Q This conversation that the two of you had where he told

you he was frustrated because he was a single man who had

been burdened with the care of all these kids, you actually

had a conversation about that, right?

A He didn't use the word frustrated.

Q What word did he use?

A He just said he never expected to be a single man living

in Cambodia with all of these children.

Q And you didn't take from that that he was frustrated?

A He was sad, acting upset or burdened.

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DEBORAH COOK, OFFICIAL COURT REPORTER

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CROSS EXAMINATION - K. COMSTOCK

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Q You had taken a photograph of ES XXX having the ice

cream?

A Yes.

Q Who was on that trip?

A Heng.

Q So you, Mr. Johnson, Heng, and ES XXX?

A Yes.

Q And you had gone out to get appliances for the girls'

room?

A Yes.

Q And Mr. Johnson went back and said, let's take ES XXX,

too?

A He told Heng to pick him up, and bring him.

Q So during the trip ES XXX seemed sad?

A He was not responding in a smiling way at all to

anything.

Q And Mr. Johnson kept telling him to smile and cheer up?

A Yes. Yes.

Q And when they were having ice cream, he told him he

should smile because he was having ice cream?

A He demanded it.

Q And this bothered you so much that you took a picture of

ES XXX having ice cream?

A I don't know why I took the picture.

Q Did you take any pictures of ES XXX grumpy and sad, if

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DEBORAH COOK, OFFICIAL COURT REPORTER

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REDIRECT EXAMINATION - K. COMSTOCK

Page 57

you were that bothered?

A I didn't specifically look at taking pictures when they

were happy or sad.

MS. MAXFIELD: Thank you. No further questions.

THE COURT: Redirect.

MR. SWEET: Thank you.

REDIRECT EXAMINATION

BY MR. SWEET:

Q Ms. Comstock, counsel described to you "a parade of

horribles" that you wrote.

Let me ask you, Ms. Comstock, do you typically write

letters about other people to yourself titled, What Things

About Daniel Bothered Me And My Reaction?

A Not often, no.

Q The list of things that were discussed, I believe there

were some that were left out.

Do you recall if your letter said, He slept in the

same room with 4-5 of the kids. LS X, LT XXXXXXX, SO XXX,

and BT XX, I believe.

A Yes.

Q Do you recall if you were also concerned about him

yelling at LS X and ES XXX's mom, kicking her out, and he

kicked her out to the streets, unconcerned?

A Yes.

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DEBORAH COOK, OFFICIAL COURT REPORTER

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REDIRECT EXAMINATION - K. COMSTOCK

Page 58

Q Did that upset you?

A Yes.

Q Did it upset you that Mr. Johnson yelled at her, He told

me he could understand why her husband would beat her. And

that if he had to live with a woman like that, it would drive

him to drink and he'd likely beat her, too?

A Yes.

Q Did that bother you?

A Yes.

Q I believe the phrase was, not a peep was said by you

regarding any inappropriate behavior. Yet there's something

you wrote, and the way you wrote it, that I would like to ask

you about.

And when you described the incident that you have

talked about earlier with the wrestling, ask me if this

sounds correct: "I knocked on the door one day and he said

to come in. But when I opened the door I saw they were all

in their underwear. SO XXX and LT XXXXXXX were watching as

Daniel had LS X bent in half, and he was laying almost his

full weight on top of him. It looked very odd. Daniel

didn't even flinch when he saw me, and kept doing it until

LS X yelled in pain to get off. Then Daniel made it seem

like a joke, making fun of him. Said they were wrestling or

something like that."

This is the part I am curious about. You wrote, "It

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DEBORAH COOK, OFFICIAL COURT REPORTER

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REDIRECT EXAMINATION - K. COMSTOCK

Page 59

made sense they were in their underwear because of the

extreme heat and humidity," but then you put dot, dot, dot,

dot, as if you were questioning it.

Were you questioning whether that made sense to you?

A Yes.

Q So did you have concern -- let me ask you this. Is it

the water tank overflowing that upset you, or is it more than

that?

A It's more than that.

Q Why is it that you wrote a letter that details multiple

things? What is it that led you to come to this?

A I have never been in a ministry where directors acted in

such a way, and I began to make note that it wasn't a

one-time thing. It was increasing, multiple concerns, things

that were not -- at first I could dismiss, but then I started

taking note. Why am I having so many moments of red flags

with this man? So I began to document them, because my brain

was noticing a pattern.

Q Counsel asked you about other people getting massages.

So let me ask you this: were the team members who were

getting massages from the kids, were they also in bed with

their shirt off, having the kids massage them?

A No, never, that I saw.

Q Was Mr. Johnson the only one you saw in that type of

situation?

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DEBORAH COOK, OFFICIAL COURT REPORTER

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REDIRECT EXAMINATION - K. COMSTOCK

Page 60

A Yes.

Q And then one more question. On cross you were asked

about Ms. Nok, and essentially whether that made you upset.

Are you testifying here today because you are upset

that Mr. Johnson dated Ms. Nok, and not you?

A No.

Q Why are you testifying here today? What is driving your

testimony?

A I love those kids, and I want to see justice. And I saw

wrong things happening.

MR. SWEET: Thank you. Nothing further.

THE COURT: Thank you, ma'am. You are free to step

down. So my thought is break right now for our lunch. I

have a doctor's appointment that they are going to hopefully

fix my throat.

So we're going to break now. We will be on break

until 1:15. We need you in the jury room at 1:15 so we can

start up then, so we will be in recess until 1:15.

(Morning session concluded at

11:40 a.m.)

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DEBORAH COOK, OFFICIAL COURT REPORTER

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Page 61

STATE OF OREGON )

)ss

COUNTY OF YAMHILL)

I, Deborah L. Cook, RPR, Certified Shorthand

Reporter in and for the State of Oregon, hereby certify that

at said time and place I reported in stenotype all testimony

adduced and other oral proceedings had in the foregoing

hearing; that thereafter my notes were transcribed by

computer-aided transcription by me personally; and that the

foregoing transcript contains a full, true and correct record

of such testimony adduced and other oral proceedings had, and

of the whole thereof.

Witness my hand and seal at Dundee, Oregon, this

1st day of May, 2018.

__________________________

DEBORAH L. COOK, RPR

Certified Shorthand Reporter

OREGON CSR #04-0389

CALIFORNIA CSR #12886

WASHINGTON CSR #2992

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