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Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 1 of 88
IN THE SUPERIOR COURT OP THE STATE OF ARIZONA

IN AND FOR THE COUNTY OE PINAL

THE STATE OE AR]ZONA,

Plaintiff,

VS.

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No. CR201103026

Appeal No.

FERNANDO SEGOVIANO ALMANZA, 2 CA-CR 20!4-0034

De fendant .

Florence, Arlzona

October 1, 20!3

B:43 a.m.

BEFORE: THE HONORABLE BOYD T. JOHNSON, JUDGE

REPORTER'S TRANSCRIPT OE PROCEEDINGS

JURY TRIAL DAY 5

n cnPY

Prepared for Appeal bY:

MICHELLE L. WELLNER, CR, RPR

Certified Court RePorter #501 42

('

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APPEARANCES

On Behalf of the State:

MR. MATTHEW LONG

MR. THOMAS KOHLER

Deputy County Attorneys

Pinal County, Arizona

On Behalf of the Defendant:

MR. PAUL GREEN

Attorney at Law

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 3 of 88
INDEX

TESTIMONY

WITNES S

SHARON WELCH

Direct Examination by Mr. Long

Voir Dire Examination by Mr. Green

Direct Examination Continued by Mr. Long Cross-Examination by Mr. Green

Redirect Examinat j-on by Mr. Long

Jury Questions Further Examination by Mr. Long

Further Examination by Mr. Green

PAGE

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EXHIBITS ADMITTED INTO EV] DENCE

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NO.

103

110

130

DESCRI PT ION

SANE Diagram

SANE Report

Copy of Body Diagram

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1 (The following proceedings were had outside

2 the presence and hearing of the jury.)

3 THE COURT: Show we're on the record. The

4 attorneys are present, the def endant, Mr. Al-manza. The

5 jury is not yet back.

5 It's that time of the morning when I like to

7 talk to the attorneys before the jury gets here. They are

8 not scheduled yet for another 15 or 20 minutes.

9 Mr. Long, just to kind of recap things, you

10 have one more witness todaY?

11 MR. LONG : Yes , s ir .

72 THE COURT: And then the State will rest?

13 MR. LONG: Yes, s j-r.

14 THE COURT: Mr. Green, have you made any

15 decisions about where you're headed?

L6 MR. GREEN: Your Honor, f'm in the middle of

Ll a conversation right now with my client to make

18 determlnation as to which direction we go.

L9 THE COURT: OkaY.

20 MR . GREEN : I wi 11 cont i-nue that .

27 What I'd like to suggest I guess woul-d be

22 that when we're done with the State's case that maybe we

23 take the morning break and allow for time

24 THE COURT: We'l-l- do that. It'11 work

25 better for everybody. And then if your cl-ient chooses not

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to test if y, I wil-I want to have a dialogue with him,

coll-oquy, So to speak.

MR. GREEN: Sure, your Honor.

THE COURT: Anything you're aware of, Mr.

Long, you wanted to cover before we get the jury in?

MR. LONG: The only thing I wanted to bring

is the State's request for t3-7427 hearing if the defense

intends to bring up any instance other instances of or

allegations of other sexual contact with the victim.

THE COURT: Interestlng. We11, I guess

we'1I f ind that out when you rest and he tal-ks to his

cl-ient . Other than that ? No .

Okay. How about you?

MR. GREEN: No, I have no issues at this

point, your Honor.

THE COURT: Okay. Wel I, that ' s nice . That

gives us about 15 minutes. If any of the attorneys want

to wander j-n there, there's some cookies for the jury, but

you need to get real quickfy, but do not l_ook at their

notebooks, but I think theyrre here in the courtroom.

Okay. Anything else? No.

(A short recess was taken. )

(The following proceedings were had 1n the

presence and hearing of the jury. )

THE COURT: Have the record show the

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presence of the jurors, the attorneys, the defendant, Mr

Almanza.

And welcome back, ladies and gentl-emen.

And l-et me check, is the State ready to

proceed, Mr. Long?

MR. LONG: Yes, your Honor. The State is

ready to proceed.

THE COURT: And is the defense ready, Mr

Green ?

please.

MR. GREEN: Yes, your Honor.

THE COURT: Thank you very much.

If you wouId, Mr. Long.

MR. LONG: State calls Sharon Wel-ch.

THE COURT: Okay. Thank you.

Ma'am, rf you wou1d, all the way forward,

Right over here so we can get you sworn in.

have a seat

That moves,

(The witness was sworn. )

THE COURT: Ma'am, please come on over and

Just kind of pull up and get comfortable.

and you need to speak into, please.

Mr. Long?

MR. LONG: Thank you, your Honor.

SHARON WELCH,

cal-1ed as a witness herein, having been first duly sworn,

was examined and testified as follows:

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DIRECT EXAM]NATION

BY MR. LONG:

O. Good morni.g, ma'am?

A. Good morning.

O. Would you please introduce yoursel-f to the jury?

A. My name is Sharon Welch.

O. And what do you do for a living?

A. I'm a registered nurse.

O. Where do you work?

A. I work in several facil-ities in the city of

Tucson right now.

O. Do you have a particular specialty or area that

you focus in?

A. My backgrounds are in specialties currently as

emergency medicine and trauma for both pediatrj-c and

adu1t, as well as I independently contract and function as

a forensic nurse examiner.

O. What is a forensic nurse examiner?

A. A forensic nurse examiner provides a

comprehensive medical- and forensic exam for any patient

reporting of having been sexually assaulted.

o. Could you take us through just a little bit of

your education that qualifies you to do the work that you

do?

A. My background began in patient care in L97 5

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 8 of 88
1 functioning as a nursing assj-stant. I progressed on from

2 there and went to traini.g, became a medic with the fire

3 department in the state of Wisconsin, functioned in that

4 capacity. I worked in the hospital, in the local hospital

5 facility providing care for inpatient for psychiatric as

6 well- as al-cohol- and drug abuse, and subsequently continued

7 to receive a degree in registered nursing.

I am a retired reserve member of the United

9 States Military after 26 years of service functioning as a

10 battlef ield nurse in that capacity as wel-l-.

11 I al-so teach have had experience teaching

!2 with advanced cardiac life support, pediatric life

I 13 support, and neonatal I1fe support and basic life support.

t4 And I've been doing these f orensic exams s j_nce

15 approximately 1995.

t6 O. So these types of exams since '95, in additlon to

11 al-l- that other experience, did I get that right?

18 A. That is correct.

19 O. Approximately how many exams that you personally

20 conducted?

2l A. Approximately 100, at least 700.

22 O. As part of your job, do you also consult with or

23 work on other cases that you don't personally examine?

24 A. Yes. I independently contract as an expert

25 witness for both cases j-nvolving prosecution and defense.

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That

Did

O. And that was my

you've testified in court

that right?

Yes

And

for the prosecution as

in civil litigation as

next question, is whether or not

before, and you said you had; is

you testified for only prosecution, did I get

that correct?

A. I testified as a factual witness in the cases

that I provide and render care for I al-so provide, as an

independent contractor, as an expert wJ-tness, and testify

O. And today, you're here to tal-k about an exam that

you personally conducted, is that your understanding?

wel-l- as the def ense, and plaintif f s

welI.

is correct.

you actually perform an exam on a girl j_n the

hours of October 23, 20L7?

r did.

A.

O.

early mornlng

A. Yes,

O. And before we talk about that exam, what I'd like

to ask, if you could educate us generally based on your

training and experience about what it is you're looking

for as part of this exam?

A. It would be the same thing that I would look for

as an emergency room nurse. The child would present or

the adult would present, I woul-d do the medical_ part of

the exam simj-l-ar to any one of you who would ever go to an

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emergency department asking you what happened, your

medical condj-tion, ffiedications you take, dflergies you may

have. Then I do a comprehensive physical- exam. And as

f'm doing this exam, I may also be collecting anything

that I may think would be of forensic significance.

o. Okay. I 'd l-ike to talk about the area of child

abuse, ch11d sexual abuse specifically. Did you you

testified earlier that you do have background in

pediatrics; is that accurate?

A. That is correct. I've functioned as a pediatric

ER nurse, as wel-l as providing procedural- sedation f or

pediatrics and working sedating children for procedures

that they need to have done, involvlng catheterlzations as

wel-1.

o. Are all nurses are aIl forensi-c nurse

examiners qualified to perform exams on chil-dren?

A.

a.

ability

A.

No.

So that'

that you

That is

s an additional qualification, or f guess

have; is that accurate?

correct That's an additional specialty

in training.

O. And you required it was required that you do

additional training, education and the l-ike, in order to

be able to do that?

A. That is correct. As well as keeping current.

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 11 of 88
11

1 Q. So as part of your job, do you keep current on

2 research literature and other anything that would

3 assist you to stay to stay current in the field?

4 A. Yes, I do.

5 Q. In talking again about just generally about

6 child child sexual abuse, could you tal-k about how

7 common it is to find injuries associated with abuse?

8 A. The preponderance of the exams will demonstrate

9 no inj ury.

10 a. How can that be?

11 A. The child, usually when they are being groomed,

72 if anyone is being assaulting the patient, it'fl be an

13 external touching of the genitals. They'f1 groom the

L4 child and make them more comfortable. They're very gentle

15 with them as a general rule because a child will flee.

76 UnIike an adult, they are much more difficul-t to

t7 intimidate, to sit stil-l or hold sti11. They'I1 try to

18 wiggle away. They'fI never come back again. So often

!9 times people that perpetrate these young chil-dren wj-11 be

20 gentle with them in order to get what they want and not

2l have the child run away.

22 O. You used a word there earlier about the

23 preponderance of cases. Is there any studies that discuss

24 generally the statistics about the number of cases where

25 physical findings manifest?

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Iike

you

Itrs

than

feg.

A. I can based on what many of the studies have

been traj-ned and most of our ongoing training, dt the

preponderance of the cases, you will not see any. I can

tell you in my personal experience, if I see injury in 10

to 20 percent, that would be a 1ot.

o. Is there you talked about some of the factors

that go into i-t . I f we ' re tal king about the genital area

of a prepubescent girl, for example, could you talk about

how that part of the body heals?

A. Any of the genital region on a female is much

the tissue. It's a mucosal tissue si-mi1ar to what

have inside of your mouth, the inside of your cheek

moist, sl1ppery. It's made of a dif f erent ti-ssue

the epidural layer you would find on your arm or your

Itrs not very tough. ft's a little more friable.

Children who aren't estrogenized yet, who who have not

come into puberty yet have a hymen that is very tender,

and so to contact those issues, you will flnd a child will

recoil- on you and does not want the area touched. As I

stated, the tissue is more friabl-e and more tender, and

exquisitely tender to the touch.

o. If there was an injury in this area, could you

talk about how quickly you would expect an injury to heal

completely?

A. There are a lot of issues that are based a lot

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13

I of things to take into consideration with healing of these

2 inluries. Hygiene is one of them, the nutrition of the

3 patj-ent is another one of them. Any pathological

4 conditions can affect how wounds or lnjuries heal-. As a

5 general ruler we look at and some of the studies that

6 have been looked at are three to seven days. In the

7 profession we do not perform sexual- assaul-t exams after

8 five days.

9 Q. And why 1s that?

10 A. The feeling has been by the preponderance of the

11 professional- community that most injuries would have been

L2 healed by that time and there would be a ross of all, if

13 doy, of forensic evidence that may be of value.

74 O. So when you talk about five days, that would be

15 five days from the l-ast reported contact; is that

t6 accurate?

tl A. From when the patient stated the contact took

18 p1ace.

L9 O. So if you're outside that five-day window, would

20 you expect to see any indication of or any injury?

2L A. Depends on the severity of the injury.

22 O. Okay. My question is, stil1, given that five-day

23 window, outside of that five days, would you expect it?

24 A. I would only expect to see it if there was a

{} 25 slgnificant injury, such as a complete transection of the

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tissue, a compl-ete tearing. Some of the exams we have a

lot of trauma to the area that's that's severe trauma

that is not healed within five days.

O. Okay. So that's the only instance which I would

expect it. so in the number of cases that you examined,

100, would you expect to see medical flndings if the

report was outside of that five-day period?

A. No.

O. Even if there was had been an in j ury, cou.l-d

that injury have healed completely after five days?

A. It could have heal-ed completely bef ore f ive days,

as well as after.

O. Could you talk about the l_ikelihood of scarring

in this part of the body?

A. Minimal. As a general rule, this tissue heal-s so

well that you can't even see any signs of i-n j uries af ter

the fact. some of the chronic abuse cases come into pray

because when patients report years l-ater and you go to

l-ook, it's completely gone. Microscopically, it can't

even be detected.

Eemal-es wil-1 have episiotomies performed

after childbirth, and when we go to do an exam, you see

1itt1e, if dny, residual from that, that complete cutting

of that tissue.

O. And just explain that, Lf you could. An

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episiotomy accomplishes what?

A. ftrs used by a lot of the OBIGYNs to prevent

teari.g, especially into the anal tissue. They feel it's

a more controll-ed tearing of the tissue when the baby

comes out as opposed to having a rough tear to the tj-ssue.

So some OB/GYNs will cut the tissue in a controlled

situation as opposed to just letting it rip out of

control-.

O. So instances of where there is an actual_ cuttj-ng

of the tissue, even that can heal- completely, revealing no

signs of that, did I get that correct?

A. That is correct.

O. Now, you tal-ked about some of the consultations

you do. In this case, did you speak with anyone at

Phoenix Chi ldren' s Hospital ?

A. I would have to look at my paperwork.

doesn't recollect that, but I would have to use

paperwork to refresh it.

0. Okay. And it may be that you

know anyone offhand named Jackie Hess?

A. No. The name is not familiar

O. And I'm showing you, with the

Exhibit No. 110.

My memory

my

did not Do you

to me.

court's permission,

Did you author a report in this case?

A. Yes, I did.

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1 Q. I'm sorry. Do you author a report in all the

2 examinations that you do?

3 A. Yes, f do.

4 Q. And is that part of your practi_ce as a medical

5 professional ?

6 A. Yes, it is. This paperwork is included in every

7 kir.

8 Q. And does would your report assist you in

9 refreshing your recoll-ection as to what you did?

10 A. Yes, it does.

11 O. So again, with the court's permission, if you

L2 l-ook at Exhibit No. 110?

13 A. My notes do not state that f conferred with

L4 anyone from Phoenix.

15 O. Okay. Prior to testifying, did you speak to

76 anyone from Phoeni-x children's Hospital, sp€cifically

L1 Jackj-e Hess, so that that you might be able to tailor

18 your testimony today?

19 A. No.

20 O. Wou1d you do that?

2l A. No.

22 o. You ta]ked about healing and injury rel-ated to

23 child sexuar abuse, based on your experience, where is the

24 most common location of an injury rel-ated to child sexual

25 abuse?

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L7

l- A. I f you look at a clock, we use that same clock

2 face when we're describinq any of the areas that's

3 anogenital or it's in the vulva region around the vaginal

4 entrance. So 12:00 o'clock is always pointed toward the

5 be1ly button. The most common site of injury would be

6 between 3:00 and 9:00, in that low porti-on of the cLock

7 face, and most significantly at 6:00 o'cl-ock.

I Q. Now, you tol-d us that you did perf orm an exam

9 involving a small child on October 23, 20L7; is that

10 correct?

1l- A. That is correct.

72 O. Do you know her name, the name of the person you

13 examined?

t4 A. The last name is W-I-L-H-E-L-M-I,

15 W-I-L-H-E-L-M-f. Correct. The first name Ada, A-D-A.

76 THE COURT : Mr . Long, you mi-ght point out to

t7 the witness 1f she needs to refer to her notes, she needs

18 to tel-1 us that f or the record, please.

19 THE WITNESS: I wil-I be ref erring to my

20 notes, yes.

2T BY MR. LONG:

22 O. A11 right. Do you have an independent memory of

23 this exam after looking at your report?

24 A. Not of al-I the aspects of the exam.

25 O. f'm not asking about aI1 the aspects of the exam,

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18

1 but just generally, do you have a memory of the exam in

2 this littIe girl?

3 A. The only part I remember is the contact with the

4 l-ittle gir1. I can remember the 1ittle gir1, parts of the

5 little girl.

5 Q. And that was my question. In your mind, you

7 can you can picture havlng a conversation with this

I Iittle girl; is that accurate?

9 A. That's correct.

10 O. Do you have an opinion as to the approximate age

11 of this littIe girl?

12 A. I belj-eve she was about four and a half, five

13 years old.

L4 O. And is that consistent with what you documented?

15 A. Yes, it is.

L6 O. When you perform an exam when you performed

1,7 this exam, could you talk about the steps that you go

18 through at the very beginning of the exam?

t9 A. With a child this smaIl, I would incorporate the

20 mother j-nto the exam or whoever the care provider was when

27 f was asking questions, referring to the chi-1d,s medical

22 history, surgeries, medications the ch1ld takes, any type

23 of medication, al-lergies she may have. And then I woul_d

24 ask her at some point why the child was here with fr€, what

25 time the child came in, so they have a better concept of a

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time so f can get a feel for what the time or that f'm

looking at that there may have been a contact. Excuse me.

Often time when f ask the child what time

did this happen, a four*year-ol-d has no clue what time it

was. So I ' l-1 ask the parent perhaps, when was the child

out of your care that there is a concern. The mother

woul-d be assisting me with some of that information. Then

f take the child in, and my notes stated that I was alone

with the child, both for the verbal- and physical- exam, I

was al-one in the room with the child. No one el-se was in

the room with me.

O. When you're alone with the child, in this case,

your patient, do you get a report from from her?

A. Just as I woul-d any other patient, I woul_d ask

what happened.

O. Is that i-mportant as a medical professional that

is aski-ng the patient what happened as part of your

treatment and diagnosis?

A. Yes. Thatfs what guides me.

O. Why is that ? Cou1d you explaln that to the j ury?

A. Again, similarly, if you come into the ER, my

first question to you is what happened? Why are you here

today? Did somethlng hurt? Are you sick? What happened?

O. And 1n this case, did you ask Ada why she was

here, what happened?

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A.

a.

A. Yes.

O. Tell us what that was?

A. May I read from my report?

O. If you need to refresh your recollection, with

the court' s permission.

A. She stated, "Fernando stuck his finger and his

nails in me." In parenthesis I noted she points -- she

points. "To where I go pee from. He tol_d me to get on

his 1ap. He puI1ed my panties down, then he put his

f ingers j-n me. He kissed me on the side of my cheek. He

touched my butt, too. "

O. Now, in there you said that there was a

parenthesis about pointi.g, did f get that accurate?

Yes.

And did she tell you?

Correct.

Explain what that was?

The child woul-d have pointed, "Where I go pee

So her words were, "Where I go pee?"

Correct.

A.

o.

A.

o.

A.

O. And that was in conjunction or with a pointing

motion; is that accurate?

A. That's correct.

O. As a both forensic nurse examj_ner and having

worked in the ER, have you ever encountered situations

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where patients, chil-dren specifically, report something

that appeared to be the language they used appeared

they were being suggested as to what they shou1d say?

A. Sometimes you'11 hear what sounds to be

parroting, yes.

O. Okay. You used the word parroting. Explain what

you mean by that?

A. I f the chi l-d' s language i s not age appropriate,

or they're using some terms that they use repeatedly over

and over again, and then you hear the parent in the room

using the same language, sometimes that's picked up. Or

if someone is using language, I'11 try to see if the child

even can explain to me what the language means that they

just stated, and that you can tell that they are

parroting.

O. When you were speaking with Ada, did you hear or

observe any indication of that, that is the parroting or

anything, that woul-d seem to come from somewhere outside

of the child?

A. I noted under General Appearance of Behavior

if I may read from my note.

With the court's permission?

THE COURT : Go ahead r rTrd ' am.

THE WTTNESS:

A. The patient was cooperative, talkative, foll_owed

a.

BY

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instructions appropriately, and articulated wel-1.

BY MR. LONG:

0. Okay. And when you say articulated wellr wds it

your observation that she articul-ated consistent with a

four-yea r-o Id ?

A. Yes.

O. As you are conducting examinations, does

demonstrations or pointing, is that something that you

observe?

A. Yes.

O. why?

A. I asked for it. I not only ask for it in

children, often times I ask for it in adults. Some of

these parts of the body are confusing. Some will have

mul-tiple layers, so we'11 ask the patient to use one

finger and point to show me the areas of the body that are

painful.

O. When she qave this report that you just read, had

you asked her to point where she is talking about?

A. I noted on here because she woul_d have pointed

while she was talking to fle, if the child is still clothed

at this time seated in front of me.

o.

point;

So this was not in response to your request to

is that accurate?

A. No. Children often time it's difficult when

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23

1 you ask what happened, they tend to try to show a lot.

2 WeII, f can't write thatr so I'11 write down what the

3 child is doing to show me what she is articulating as

4 wel1.

5 Q. Now, she told you that he kissed her on the side

6 of the cheek; is that accurate?

7 A. That is correct.

8 Q. At any point did she do any demonstrations?

9 A. I believe she also demonstrated during the actual

10 physical exam.

11 O. Could you explain that, Please, or describe that

72 rather?

1-3 A. There was a portion when f was asking the patient

L4 the some of the particul-ar questions. Af ter I do the

15 narrative assessment, I do some direct questi-ons with her.

t6 And she stated that when I asked her if there was any

t7 use of force, she said that "I try to." And then I note

18 that she demonstrated crossing her 1egs. That's

t9 they'II show you what they're doing as opposed to stating

20 it, but he stuck his fingers again.

2t O. So her demonstration there was that she was

22 crossing her legs; is that accurate?

23 A. That is correct.

24 O. And she did use some words as well in

25 demonstrating that she was crossing her legs and that was

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she tried to; is that accurate?

A. That is correct. There is a notation here that

she was showing us she was crossing her J-egs and tightly

and curlJ-ng up, quote, unquote, to make him stop .

O. Based on your training and experience, does the

act of a child resisting have an impact on whether or not

you would expect to see injury?

A. Absolutely. The not only in a child, but also

in an adult.

O. Explain that, pfease.

A. Eorce is one of the major contributors to the

presentation of injury. The more you resist, the more

like1y there is going to be injury.

O. And in this case, Ada reported that she did

resist by that demonstration; is that accurate?

A. Correct.

a. Did you make any observat j-ons about Ada's

fingernails ?

A.

o.

with Ada,

A.

o.

I noted they were polished and short to the skin.

You testified earlier that when you were speaking

you were alone with her; is that accurate?

Correct.

So after getting this this history and her

reporting what happened, what do you do next?

A. Then I disrobe the child I first ask a series

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of questions where the mother woul-d have assisted as well.

Things such as had the child urinated or voided, have they

wiped, showered, changed clothing, things of that nature.

Then the mother would be in a waiting area room, and I

would take the child and f woul-d note their vital signs

and then do the rest of the physi-cal assessment, such as

the airway breathing, circulation, bowel and bladder

questions. And then I would go down and note things about

the fingernalls and how I performed the exam.

After I do the verbal- assessment with the

chi1d, then I have the child undress and get up on the

table in front of me. I try to make the child as

comfortable as I posslbly can, so I don't re-traumaLLze

the child. And then I perform the physical exam.

O. What goes into performing the physical- exam?

A. I look the child over from head to toe. And then

I would al-so l-ook in the areas where she was complaining

of a pain, injury, or contact. If there were notes, if

there were indications in her narrative as to where there

was any contact with the patient f'm sorry with what

she termed to be the assailant at that tj-me,

swabbed those areas, such as kissing to areas

contact on the body. And the last thing I do

anogenital exam.

I would have

OI

is

any other

the

O. And could you describe what goes lnto to that

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1 exam?

2 A. I have the child ass j-st me. Again, showing me

3 where there wou1d have been contact, where she is having

4 any pain. ft's usually finger pointing in the areas.

5 Again, the area gets very confusing to most children where

6 if I ask a child, is it your vulva or was it your anus,

7 they have no idea what ilm talking about. They think

8 there's al-I one biq hore where everything comes out of, so

9 the child wil-1 point to particular areas that there may

10 have been contact.

11 Then I have the child fay back, and I

t2 examine the area both with gross visualization with the

13 naked €ye, and then r wourd use a colposcope to magnify.

L4 rt's an lnstrument that we l-ook through to magnify the

15 areas.

16 In this case, I also used an appf icat j_on of

tl a dye that we refer to as a toluidine dye. we place it on

18 the arear w€ wait for a few minutes, we remove it from the

19 area, and then we look to see if any of that dye stuck to

20 any open tissue, which is indicative of an injury site.

27 O. Did you do this r ds you described, duri_ng Ada's

22 exam?

23 A. Yes, r dld, as well as using a swab to touch the

24 partj-cular areas when the child can't see them, so that to

25 eliclt any specific location of any injury or pain.

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1 Q. I'd like to talk about when you were doing this

2 exam. Dld did Ada point to any areas, specif j-ca]Iy in

3 describing or being asked where, tf anywhere, she was in

4 pain?

5 A. Yes. She clearly identified her areas of digital

5 contact to her anogenital- area by the writer making

7 contact with the swabs. So if I woul-d touch, she would

8 say ouchr or she would say Yes, that's where I was

9 touched, or recoil and tel-l me that was painf uI area.

10 She al-so verbalized she was having pain and

11 burning when she urinated, as wel-l- as with the to1uidine

t2 application and removal. There's an acidic sol-ution that

l-3 we use to remove the dye, which would be much like puttj-ng

L4 a vinegar concentration, like getting l-emon juice in a cut

15 on your f inger. So sometimes the patient will el-icit

76 discomfort when it comes into contact with open tissue.

L1 She al-so clearly described digital contact

18 with the anogenitaf area.

19 0. As you performed this exam, did you see anything?

20 A. Yes.

2t O. Please describe it.

22 A. I noted an injury, aPProximately a

23 0.379-centimeter abrasion to the posterior commj-ssure.

24 The tol-uidine dye that I placed on the child and removed,

25 there was a positive uptake indicating open tissue, and

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then she stated that was from where Eernando stuck

fingers in me. She also noted I also noted that

very tender to the touch.

his

ir was

O. Okay. You ;ust referred to this injury as an

abrasion; is that accurate?

A. Correct.

O. Explain what that is.

A. An abrasion is the denuding of the skin or mucosa

membrane or the rubbing away of a membrane by a mechanical

force, dh unusuaf mechanical force. So we conslder

abrasj-ons to be friction injuries, two surfaces coming

together and shearing part of the tissue off one of the

sldes. Much to be likened to a skinned knee. Any time

or rug burn. If these two surfaces come together, it may

have f rict j-on. It takes away the top layer of the skin,

exposing the underlying capil-l-aries.

O. And in this case, you observed this this

abrasion; is that accurate?

A.

o.

A.

o.

That's correct.

Could you tell us where you observed this injury?

It was noted on the map at 6:00 o'clock.

At this point after observing this injury,

everything that you've taken, you've gotten up to this

point, is what you observed with your eyes with this

injury, is it consistent with what Ada had told you?

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hist ory,

O.

factors,

A.

o.

A.

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A.

s eparated

eve ryone

st raddle

Slgns and symptoms were consistent with the

yes.

Is what you were observing consistent with other

such as her reporting resisting?

Yes.

Are you f amil-iar with straddl-e 1n j uries?

Yes.

Explain what that is.

Straddle in;ury is anything where the legs are

apart, usually coming down on an object, such as

falling on the boy's bike, that would be a

inj ury.

0. Okay. Were there any other symptoms that you

woul-d expect if this was a straddle in j ury?

A. The straddle injuries, the main thing that we

look f or is it collateral- trauma. That woul-d be trauma to

the other ti-ssues around the innermost mucosal tissue.

Those areas are tightly protected unless you open them up

or you spread your legs open, those inner tissues are

protected by the other fatty labia maj ora areas on the

outside, so we expect to see more bruising or lacerations

to the outer lying tissues / as wel-l- as to the inner

tissue, if it comes from a straddle injury.

O. Did you see any of those other injuries in Ada?

A. No. I only noted the isolated injury.

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30

I Q. Again, where there' s a straddle i-n j ury, do you

2 generally expect some sort of a report consistent to that?

3 A. Yes.

4 Q. Like what?

5 A. They fel-l- on straddled something and fel-I on

6 it. I fell- on a bike, I fel-l- on a tree, I fell- on a rope,

7 L fell on something. But that's what the patient will

8 report to us.

9 Q. Now, you were talking about the location of

10 this of this injury, this abrasion that you observed in

11 Ada. Thi-s particular injury, is this considered inslde

L2 the vulva?

13 A. Yes.

t4 O. And to word it differently, if Ada was standing

15 up, would this injury be seen?

t6 A. No.

l7 O. Now, I have a diagram that has been previously

18 used for demonstrative purposes.

19 With the court's permission, Lf I coul-d ask

20 you to look at the diagram and descrlbe it.

2L Your Honor?

22 THE COURT: Exhibit number?

23 MR. LONG: 106.

24 THE COURT: A11 right. Sir, go ahead.

25 MR. LONG: f 'm sorry. That ' s not accurate .

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31

1 It's Exhibit 101.

2 THE COURT: A11 right. Put it up on the

3 screen , if you would, please.

4 Would you like the witness to approach the

5 screen?

5 MR. LONG: With the court's permission,

7 please.

8 THE COURT: Sure. If you would speak up so

9 everybody can hear you.

10 THE WITNESS: Yes.

11 BY MR. LONG:

t2 O. Ma'am, do you recognize what you're looking at

13 here?

!4 A. Yes. f'm looking at a vulva.

15 O. Okay. If you would, please explain the different

76 parts that make up the diagram here?

!1 A. The parts you are seeing here on a smaller chiId,

18 prepubescent child, you can see the wings coming off the

19 clitoris. This is the clitoris on the female, which is

20 the counterpart of the mal-e penis. It's the sex organ of

2t the female. Itrs underneath the hood. There's a tissue

22 that comes over the top, which we refer to as a cl-itoral

23 hood. And then these wings come down, which wil-I, later

24 on as the child develops, becomes estrogenized, will

25 become what we cal-l the labia minora. These are the

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Iarger fatty wings on the outside, the fatty lips on the

outside, which are the labia majora.

Small chil-dren you have the labia minora,

but we just refer to them as wings at this point because

they don't come al-I the way down to the 6 : 0 0 o' clock

pos ition .

The area down here is referred to as a

posterior commissure because they don't have the two

separate wings.

Then you would see the entrance into the

vaginal barrel-, and this appears to be the the hymenal

tissue. As you can see, the hymenal tissue is much like a

turtleneck, it's closed shut. When you put your head on

it, it stretches. In a prepubescent chi1d, it's much more

rigid, and it doesn't have that flexibility to

accommodate.

And then after you look at the smooth edges

of the hymenal tissue herer lourre entering in the vaginal

barrel. This would be the urethra where uri-ne comes out

of a female.

O. So if you're referring to this diagram as and

referring to your examination of Ada, courd you indicate,

please, where it is you saw the abrasion?

A. In the 5:00 o'cl-ock position.

O. Now, I have just marked wlth a red dot

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 33 of 88
33

1 approximately where your finger is; is that accurate?

2 A. It was right along this border here.

3 Q. You said along the border; is that correct?

4 A. Where the two come together?

5 Q. Uh-huh.

6 A. Bottom, and slightly i-nside.

1 Q. And again, that area, when Ada is standing up,

8 woul-d that in j ury be inside the vul-va?

9 A. Yes. The external portion, the labia majora

10 I 'm sorry. The vul-va cons j-sts of the Iabia ma j ora. There

11 are two parts to the labia majora, the outsi-de portion of

L2 the labia majora would be on the an adult female where

13 the hair would grow. Simil-ar again, the lip on your f ace.

14 This is all- your lip, but this is on the outside of your

15 mouth. When you turn it lnside, now you're on the inside

t6 of your mouth. Same lip, but one surface is on the

77 outside, one surface 1s on the inside. This tissue is al-l18 on the inside. It's the pink mucosal tissue located on

19 the inside of the penetration into the vul-va.

20 O. So to create that injury or to get to that

27 injury, if it was done by a finger as Ada descrlbed, the

22 finger would have had to penetrate the vulva in order to

23 cause is that; is that accurate?

24 A. That's correct.

25 O. Staying with this diagram, in talking about the

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34

t hymen, you said it was tender, prepubescent chil-dren, the

2 hymen, hymenal tissue is tender, is that accurate?

3 A. Correct.

4 Q. Although it is tender, is it possible to

5 penetrate the hymen with a finger and not l-eave any

6 inj ury?

7 A. Yes.

8 Q. Even in a prepubescent child? Even in a chi-Id

9 even in Ada's hymen that you observed?

10 A. Yes. In chronic cases, you'11 see often times

11 perpetrators util tzLng that techni-que of penetration wlth

72 a digital a digital penetration.

13 O. And thank you. You can have a seat for a

t4 second.

15 Your Honor, permission to approach?

16 THE COURT: Go ahead, sir.

L7 BY MR. LONG:

18 O. I'm showing you what's been marked as Exhibits

19 103 and 130. Do you recognize those?

20 A. Yes.

2L O. ExpIain, please, what it is that you're looking

22 at in Exhibits let's take one at a time Exhibit No.

23 103?

24 A. This is the body map of my report.

25 O. So that is part of your report?

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35

1 A. Correct.

2 Q. What does the body map show?

3 A. The body map gives a general may I hold it up

4 here?

5 Q. I'11 be showing it in just a moment. If you

6 coul-d explain what it is ?

1 A. It's a diagram of the body parts and pieces. And

8 I put in the general area where t.he in j ury i s noted.

9 Q. And is the body map that you're looking dt, is

10 that what you noted in Ada?

11 A. That is correct.

t2 MR. LONG: Your Honor, f move for

13 introduction of Exhibit or admittance of Exhibit No.

t4 103.

15 THB COURT: 103. Mr. Green?

16 MR. GREEN: Your Honor, at this point, I

t7 still have an objection f can address on

18 cross-examination, but or if I could voir dire just a

19 moment.

20 THE COURT: Let's do it that way. Hold on

2L just a second.

22 You have a few voir dire questions. Go

23 ahead.

24 MR. GREEN: That' s fine.

25

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35

1

2 BY MR. GREEN:

VOIR DIRE EXAM]NATION

3 Q. Ms. Wel_ch, you have marked on this diagram; is

4 that correct?

5 A. That is correct.

6 Q. And il m looking at the 6: 00 o'cl-ock position on

7 the of the fema]e genital-ia diagram on the upper l_eft

8 corner of the page; is that correct?

9 A. That's correct.

10 o. And at the 5:00 o'cl-ock position, there is a l-ine

11 there that' s a vertical- 1ine. can you see that on your

L2 diagram?

t 13 A' Yes.

74 MR. LONG: your Honor, could we approach,

15 please?

76 THE COURT: Sure. Come on up.

77 (Proceedings were had outside the hearing of

18 the j ury and court reporter. )

19 THE COURT: Eor the purpose of that

20 parti-cular question, the ob j ecti-on i-s sustained.

2L Do you have additional voir dlre, Mr. Green?

22 MR. GREEN: your Honor, my question is

23 THE COURT: To the witness.

24 BY MR. GREEN:

t 25 O. rs the l-ine that's on the drawing indicative of

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 37 of 88
31

1 the injury that you saw, and is it to scale? That's two

2 questions, I guess.

3 A. It is not a depiction of the injury. It depicts

4 the rocation of where the injury would have been. The

5 diagram is not to scale.

6 Q. All right. And that injury is not to scale,

7 correct, or that l-ine that you put there is not to scale?

8 A. There is no scal-e to it. Itrs a locationr so

9 there 1s no scal-e involved.

10 MR. GREEN: No objection then/ your Honor.

11 THE COURT: Okay. We'll show Exhibit 103

t2 has been marked and admitted into evi_dence.

13

t4

15

Okay, frd'am. Okay, sir.

(Exhibit No. 103 admitted into evldence.)

MR. LONG: Your Honor, permission to publish

LG Exhibit 103 to the jury?

t1

18

19 BY MR. LONG:

THB COURT: Certainly.

DIRECT EXAMINATION (continued)

20 O. Ms. Welch, looking on the screen 1s Exhibit

2L No.

22 THE COURT: Agai_n I'm sorry. Don't mean

23 to interrupt you, but wourd you like her again to get up

24 to the screen?

25 MR. LONG: Please, your Honor.

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 38 of 88
38

1 THE COURT : I f you woul-d, ma I am.

2 BY MR. LONG:

3 Q. AII right. Exhibit No. 103 on the screen, coul-d

4 you indicate, pfeaser or show us where it is you noted the

5 inj ury?

6 A. Right there.

1 Q. So if I zoom that in for you.

I A. Right there.

9 Q. And what you describe in the other diagram that

10 may have shown a little more detail, is that consistent

11 with what you're showing here?

12 A. That's correct. We'l-1 make a line and X, circle

13 j ust to show the 3, 6, 9 , J , the general l-ocation of the

t4 inj ury.

15 O. And that was my next question. Is this diagram

t6 meant to show the shape of the injury?

t7 A. Not at all.

18 O. What's the purpose of this diagram?

19 A. To demonstrate where on the anatomy the injury

20 woul-d have been approximately l-ocated.

2t O. So in this instance, dlthough there is a line,

22 that Iine itself is not instructive; is that accurate?

23 A. No. The description of the injury 1s on the next

24 page.

25 THE COURT: Woul-d you like her to be seated?

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MR. LONG: Please, your Honor.

BY MR. LONG:

o. r'd

bel-ieve is in

I i ke you to l-oo k

front of you as

Do you recognize

at Exhibit No. 110

wel-1.

that ?

That

A. Yes.

O. Describe for us what that is, please?

A. f'm sorry. That's 1-3-0, correct?

O. I 'm sorry. 1-3-0, that' s correct .

A. It's a l_ine drawn through the other part of the

body map showing the general chest, back, legs, head,

chest area, mouth area. And I drew a l_ine through and

noted that there was no physicai- trauma noted to those

areas.

O. And is that Exhibit 130, is that diagram that

you did through Ada's exam; is that accurate?

A. Correct.

MR. LONG: Your Honor, I move do admit

Exhibit 130.

THE COURT:

MR. GREEN:

THE COURT:

ahead.

(Exhibit No

MR. LONG:

. 130 admitted

With the court'

into evidence. )

s permission, Lf

All right. Mr. Green?

No obj ection.

Exhibit 130 wil-l- be marked as

admitted. Go

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could publish

THE COURT: Go ahead, sir

BY MR. LONG:

0. Is what we're seeing on the screen Exhibit

A. Yes, 1t is.

O. And you indicated that you drew a through

Had you noted an injury to the superior part of her

is this where you would have noted it?

A. Yes.

130?

this.

body,

O. Did you note whether or not this injury that you

observed was bleeding r wds actively bl_eedlng?

A. r had no notation of active bleeding at the time.

o. okay. But the tol-uidine brue dye that you tal-ked

about, does that show whether or not tissues have been

opened up?

A. Yes. The toluidine dye reacts when the cells

open up. There's a nucreus on the very center of the

cel-1. This toluidine dye will adhere to that nucleus,

which wilr mean the cell- is open. so the toruidine can

adhere on it.

If I were to

1s no open injury, I would

would see no more residual_.

A. If I had a cut on

on my hand where the tissue

place it on my hand where there

be abl-e to wash it away and you

my hand or any type of abrasion

was stil1 open, and I sprayed

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1 it, washed it away, you woul-d see the marking of the blue

2 dye.

3 Q. so based on that observation, would you expect

4 there to possibly be some bl_ood?

5 A. Not necessarily at the time that ilm viewing the

6 child.

7 Q. At some point prior, would there woul-d it be

8 conslstent to see bl-ood, sdyr in her undergarments?

9 A. Yes. with the fact that it was abraded would

10 mean it would open up the capillary beds and you courd get

11 some seepage of bl_ood f rom that.

72 O. Okay. Showing you what's been admitted as

I 13 Exhibit No. 81. r',m going to ask you to look at that on

14 the screen.

15 The br-ood or f 'm sorry. The stain there,

15 is that consistent with a bl_ood stain?

L7 A. Yes, it 1s. It,s consistent wlth one.

18 o. okay. And if you were told that there was a

t9 serology done that confirmed that there was blood in her

20 underwear, that is in these underwear, is that consistent

2L wlth your observation?

22 A. Yes.

23 O. The l-ocation of this blood stain, are you able to

24 determine based on that picture approxlmately where in the

25 undergarments this blood stain is?

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1 A. It appears to be l-ocated near the rear seam of

2 luhre crotch of the underpants, whlch woul-d place it in the

3 anogenj-ta1 area.

4 Q. Okay. Based on the injury that you observed on

5 Ada, is the location of that injury consistent with where

6 you're seeing this bl-ood stain?

7 A. Yes. Or the underpants coul-d have al-so been

8 dabbed against it when the ch1ld put her pants on.

9 Q. Explain that.

10 A. A1l- of us children and adults alike, tf we were

11 going to point to the genital area and there was something

L2 tender therer we would be a l-ot more rel-uctant to stick

13 our hand in and directly contact the point of discomfort.

14 So sometimes as you see chlldren, they'11 take their

15 little fingers and push their underpants up against the

76 genital area, they have to go potty or somethlng is

!7 uncomf ortabl-e or itches. So i-t's consistent either with

18 her bl-eeding without the contact or pushing it against the

19 underpants to the area and transferring the blood onto the

20 underpants.

27 O. Now, you talked a little bit about just in in

22 talking about chil-dren not necessarily wanting to use

23 their hands to touch down there. Could you talk about

24 the based on your training and experience, whether or

25 not children tend to injure themsel-ves in their genital

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area ?

A. I've worked with children for over 30 years. I

have yet to have one of them in an emergency room setting

who injured themselves showing me where something was

inj ured.

O. Based on your training and experience, your years

of examining chil-dren, is the exam that you conducted and

the injury that you observed consistent with what Ada said

happened ?

A. Yes.

O. Is there anything that you observed that's at all

inconsistent with what she told you?

A. No.

MR. LONG: Thank you, Ms. Welch.

THE COURT: Thank you, s j-r.

Mr. Green?

CROSS-EXAMINATION

BY MR. GREEN:

O. You stated that wel1, 1et me go back to the

l-ast question here for just a second because you stated no

child had ever injured themselves showing you where they

were pointing to themsel-ves or whatever, is that your

statement?

A. That ' s my exper j-ence, y€s.

O. Okay. The question, ds I understood it, and f am

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not going to re-ask it, I'l-l_ just ask my own question. Is

it possible that a child could have injured themselves not

during your exam, but at some prior time, €ither through

masturbatory contact or in some other way?

A. The possibility is there, but the infliction of

pain is something that a child avoids. They'11 stop doing

something if something starts to hurt.

O. But they coul-d have incurred that injury and hurt

themsel-ves and then stopped; correct?

A. Correct.

O. Okay. And while this injury you say 1s

consistent with the story that Ada tol-d, could it have

been inflicted in some other way?

A.

o.

Yes.

This is a young chitd who on a ranch. She

it have been an

or during

plays around equipment and fences.

injury that occurred either during

l- i-ve s

Could

a fa]1

climbing over a fence or climbing under a fence or through

a barbed wire fence, any of those?

A. There could be abrasions to genitalia through

other mechanisms, yes.

o. okay. And could the abrasi-on have been incurred

through the underwear? rn other words , af she rubbed up

against something on the outside of her underwear, coul-d

that abrasion have occurred i_n that way?

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1 A. My professional opinion would be the force

2 required. I don't see that.

3 Q. But it's possible?

4 A. Correct.

5 Q. Now, in your report you talk about what Ada told

6 you. And I just need to clarify a couple of things. You

7 said and f'm looking at page page 1 of 6, but

8 there's a handwrltten 6 on the lower corner. And agal-n,

9 this is Exhibit No. 110, f belleve?

10 A. You're looking at page 6 of 6?

11 THE COURT: Mr. Green, if there's some

t2 confusion about the page numbers, you might want to

13 approach the witness.

L4 MR. GRBEN: Sure.

15 BY MR. GREEN:

76 O. What I'm looking dt, the top in the upper corner,

L7 State of Arizona Sexual- Assault Examination Report, and in

18 very tiny numbers, it says page 1 of 6, but next to that

t9 there j-s also a handwritten 6, at least on my copy. I 'm

20 not sure if that would be on yours or not.

27 A. I may not have that, sir.

22 THE COURT: You want to see if she's looking

23 at the right page?

24 MR. GREEN: Okay.

25 THE COURT: And again, for the record, she

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1 is still at Exhibit 110; is that correct, ma'am?

2 THE WITNESS: That is correct.

3 THE COURT: Okay. Go ahead, sir.

4 BY MR. GREEN:

5 Q. Under description right at the center under B,

6 History, Assault History, you have in quotes over to the

1 right side of the page, it says in quotes, between 9:00

8 and 10:30. And it says above that, "per mother." Is that

9 something that Katie told you, the mother of the chil-d?

10 MR. LONG: Obj ection. Hearsay.

11 MR. GREEN: Your Honor, it's in the report.

L2 I mean

13 MR. LONG: Your Honor

t4 THE COURT: Do I have you want to come up

15 here?

16 MR. LONG: Yes, sir.

L7 (Proceedings were had outside the hearj-ng of

18 the jury and court reporter.)

19 THE COURT: Now, what Irve done is sustained

20 the ob j ect j-on as to the f orm of the question.

2L Mr. Green , go ahead and rephrase your

22 question.

23 BY MR. GREEN:

24 O. You stated earl-ier that during the preparing of

25 your report there were several steps, and one of those

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A. At one point I did tal-k to the mother, yes.

O. And when you talked to the mother and you heard

things from the mother, did you rely on the informatj-on

you received from the mother in creating your report?

A. I noted what the mother wrote in my report.

O. Okay. And in a similar wdy, you noted what Ada

said to you in the report; is that correct?

A. Correct.

O. Okay. Now, again, where it says B, Assaul-t

Hist ory, there is a clrcl-ed number 1 there with a

statement in the lines below, and there are quote marks

around that statement; correct?

A.

o.

Correct.

It says can you read that statement?

A. It states, "Fernando stuck his fingers and his

nails in me. Poj-nts to where I go pee. "

O. Okay. Stop right there for a minute because you

said in parens, there's a beginning paren there, but I

don't see an end paren. Can you tell fle, what does that

mean in your writing there?

A. Thatrs probably what it means, that there was no

end paren placed. I'm writing it contemporaneously, so

when she stated where I go p€e, that would have been in

her words, not mine.

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O. What about points?

A. She points. She indicated.

O. But she didn't say points?

A. Correct.

O. Because that's within the quote; correct?

A. That is correct.

O. Okay. And then under number 2, again, you have

there where it says mother stated. And this was in the

I assume that that was in the conversation you had with

the mother prj-or to talking with the child?

A. Correct.

O. Were both of them in the room were both of

these statements contemporaneously? Were both Mother and

child in the room when you heard these statements?

A. No. I don't have I don't speak with the

mother and the child at the same time.

O. Okay. The fact that one is ahead of the other in

your report doesn't have any significance, it's just what

you remembered?

A. It's the way I documented it; correct

O. Okay. All right. And the quote that

second section or the circle 2 there where it

's in the

says "Mother

statedr" that quote came from the mother; correct?

Correct.

So that was not a statement straiqht from Ada?

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1 A. The mother stated that that's what the child

2 stated to her.

3 Q. Okay. Riqht. Okay. So in the fact that you put

4 quotes there, it's a quote to you from the mother?

5 A. Correct.

6 Q. A11 right. And then there's some other

7 lnformation there that says Mother stated, but there's no

I quotes around those things that the child subsequently

9 complained of . I assume CO means compl-ained of pain and

10 burning?

11 A. Correct.

t2 O. That's not a quote?

13 A. It was not a dj-rect quote, correct.

L4 O. So are you paraphrasing what the mother has told

15 you?

!6 A. Correct. I pulled it all together and wrote it

t1 there for purposes of my medj-cal exam.

18 O. Okay.

L9 MR. GREEN: I have no further questions,

20 your Honor.

27 THE COURT: All- right.

22 S j- r, any redi rect ?

23 MR. LONG: Yes, sir.

24

25

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1

2 BY MR. LONG:

REDIRECT EXAMINAT]ON

3 Q. Ms. Welchr ds a medical prof essional_, will you

4 ever say something is impossible?

5 A. No.

5 Q. Why not?

7 A. Because in my profession there is no such thing

8 as J-mpossible. None of us would stretch outside that

9 limit.

10 O. In your profession, based on your training and

11 experience, do you deal- in mere possibilities?

72 A. We deal more in probability. That's how we

13 treat.

L4 O. You were asked questions about whether or not

15 this could have possibly been inflicted some other way.

L6 You heard that question; is that right?

77 A. Yes, I did.

18 O. Was there any evidence, any 1nf ormatl-on, to

t9 suggest that this injury was caused in any other way?

20 A. No. Especially working in emergency roomsr we

2t are guided by what the patients terr us and what makes

22 sense mechanicarly and dynamlcally. There are a rot of

23 patients that come j-n unconscious, so we have to l_ook

24 around r or as medical emergency technicians and try to

25 ascertain or pick out in the scene what happened.

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 51 of 88
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If a patient comes in and they tell_ me they

2 fel-l off of a radder and their arm was broken, r could

3 speculate that it happened in a car accident, but that's

4 not what the patient tord me. The patient tol-d me that

5 they fell off the ladder, so we go with that as their

6 mechanism of injury.

7 Q. So then is it fair to say that one wou]d have to

8 guess about facts in order no concl-ude that this injury

9 occurred in another way?

10 A. You would have to be drawing from something other

11 than what the patient tol_d me. I ask the patients

72 directly where 1t comes from, when it started, and that's

I 13 what r take as fact.

16

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T9 BY MR. LONG:

74 THE COURT: Okay. Hold on just a minute,

15 Mr. Long. We 're switching interpreters .

Okay. Are you ready.

THE COURT INTERPRETER: I dflr your Honor.

THE COURT: Okay. Go ahead, sir.

20 O. The examination, the same report that you

2l authored, you have that in front of you?

22 A. Yes, I do.

23 O. And what exhlbit number 1s that? rf you indicate

24 j-t's on the back, I believe.

25 A. 110.

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 52 of 88
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1 MR. LONG: Your Honor, I move for the

2 admissi-on of Exhibit 110.

3 THE COURT: Al-I right.

4 MR. GREEN: No obj ection.

5 THE COURT: Could I have that, please?

5 THE WITNESS: YES.

7 THE COURT: Thank you. Exhibit 110 or

8 110 will be marked as admitted and admitted. Okay.

9 (Exhibit No. 110 admitted into evidence.)

10 BY MR. LONG:

11 O. So you were asked questions about whether or not

t2 it would be possible that this in;ury was caused by a

13 barbed wire. Is what you're seeing here, the lnjury that

L4 you saw in Ada, consistent with a barbed wire injury?

15 A. What I noted was a friction injury, not a tearing

1-5 or a cutting in jury, but a f riction in j ury, which is a

L7 surface against a surface sheering off skin.

18 I go on further to ask the parent or the

L9 chj-Id if there was any complaint of my in j ury or

20 discomfort prior to this time, had you seen this before.

2L Some children present having problems with the urinary

22 tract infection that might result in the burning. My

23 report indicated that everyone stated this was a new

24 new onset, and it occurred subsequent to the contact with

25 this penetration.

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 53 of 88
53

1 Q. So based on al-l- the j-nf ormation that you have,

2 woul-d it be reasonable to conc1ude that this was caused by

3 a barbed wire?

4 A. No.

5 Q. Based on al-l- the informatj-on you had, would it be

6 reasonable to conclude that this inlury was caused by a

7 fa11?

8 A. No. That is not what the patient reported, and

9 that was not consistenct of the injury.

10 O. Would it be reasonable to concl-ude, based on all11 the information you had, that this injury was caused by

L2 normal play that children do on a day-to-day basis?

13 A. There was nothing that I -- I gleaned from my

14 verbal or physical assessment of the child that would lead

15 me to bel-ieve that, ho.

!6 O. So if there was no other information beyond this,

71 then one would have to guess about what else could have

18 caused this injury; is that accurate?

19 A. That's correct.

20 MR. LONG: Thank you, your Honor.

2t THE COURT: Okay. Before you step down,

22 ma'am, can I see the attorneys up here real quickly?

23 (Proceedings were had outside the hearing of

24 the jury and court reporter. )

25 THB COURT: Ma'am, sometlmes I get to ask

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 54 of 88
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1 questions from the jury.

Talking about the size of the injury, how

3 was the si-ze determined? How was it measured?

THE WITNESS: I photograph on the

5 colposcope. There's a photograph taken on the colposcope,

6 and ilm able to measure that with an i-nstrument that's

1 intricate on the part of the computer that you can take it

I from the top to the bottom, and it'11 draw that linear

9 line and it'11 measure the distance across because the

10 areas are the tissues are small- in that arear so we use

11 something that's more accurate.

t2 THE COURT: And, ffid'am, when you give the

t 

13 size of the injury, how accurate can that be? How

74 accurate is your measurements?

15 THE WITNESS: It's very accurate. I've

76 taken the photographs already and then measured them on

L7 the corposcope imagery, and il ve taken it and physically

18 measured it as well against the scal-e that we have. And

79 they're pretty accurate. r would say more so with the

20 coloscope because it's computerized and it's generating

2l that output with its reading, with a mechanical- reading.

22 THE COURT: And can that be, I guess,

23 thousandths of a centimeter, the measurement; is it that

24 accurate?

25 THE wrrNESS: r'm three out on the decimar,

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THE COURT: f think that's thousandths, but

I 'm not sure.

Do you have redirect, sir? Or f'm sorry,

follow-up questions ?

MR. LONG: I do have a couple of foIlow-up

questlons based on those questions, your Honor.

THB COURT: Sure. Are you turning the TV

there off or on?

MR. LONG: On.

THE COURT: On. Okay.

FURTHER EXAMINATION

BY MR. LONG:

O. Ms. Welch, I'm showing you Exhlbits 101 and 103

side-by-side of one another. If I could ask you to stand

and go to the screens and indicate, Lf you would, when

you're talking about the size, are you talking width,

Iength, or something el-se?

A. The abraded area woul-d have been through this

spot in here that was noted and where the uptake. The

uptake, the lines around the outside of the abraded area

were sti11 showing up with the tol-uidine when it was

rinsed off. So I was able to put the marker on the

computer at the top, measure it down the length of the

abras j-on, and then it woul-d generate the size f rom there.

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 56 of 88
55

I One centimeter is approximately 0.4 inches, so a little

2 less than half of a inch for one centimeter.

3 Q. So that size indicates top to bottom; is that

4 accurate?

5 A. Correct. But the abrasion itself was more wider

6 than elliptical-. It was more egg-shaped or

7 ctrcumferential, circular in nature because of the way it

8 was abraded.

9 MR. LONG: Thank you, ma'am.

10 THE COURT: Just a second. Any additional11 questions?

72 FURTHER EXAM]NATION

13 BY MR. GREEN:

14 O. Three point what's the number that you came up

15 wlth as far as the dimension?

76 A. 0. 37 9 of a centimeter.

t1 O. Okay. And that you said was from the top of the

18 injury to the bottom of the injury, again, using that

L9 diagram; correct?

20 A. f t's almost i-t's almost a diameter. I would

2L have gone from the top to the bottom, whatever the

22 dlrection.

23 O. Side to side, it would be about the same?

24 A. Correct.

25 O. So it was a fairly square or circu1ar or

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A. From my recollection without viewing again, that

was the shape of it.

O. Okay. And I just want to make sure I'm real

cl-ear. You didn't take the picture and then set it on

your des k and use a scal_e to measure that; correct ?

A. No. It was measured within the computer.

O. Within the computer.

So the scale and everything is adjusted

accurately so

picture really

thls big. And

would look fai

this blg. So

cons iderat i on ?

MR. GREEN:

THE COURT:

witness be excused?

MR. LONG:

THE COURT:

that the computer let me start over.

If I'm looking at a picture, I can make a

big. f can take that diagram and make it

three point or 0. 3 something centimeters

rly large on a fairly small on a diagram

the computer takes a1l- that into

A. You put in the degree of magnification and it

determines based on magnification that was used in the

photograph. ft's also quite easy to verify that. I can

tell- af ter doing some of these exams , Lf it's way of f , I

can certainly pick that up.

Okay.

Okay.

Thank you.

Mr. Long, ildy this

Yes, your Honor.

Mr. Green?

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MR. GREEN:

THE COURT:

please?

Yes, your Honor.

Okay. Ma'am. Could you hand me

the exhibit,

THE WITNESS: Yes, sir.

THE COURT: And I thank you vely much for

9 Exclusion has been j-nvoked, so even though you

10 as a witness, you cannot talk to anybody el-se

11 lawyers about your testimony.

5 your testimony.

1

8

THE WITNESS: Thank you.

THE COURT: I wj-l1 tell you that

Okay. Thank you very much.

THE WITNESS: Yes, sir.

(Witness excused. )

THE COURT: Mr. Long? Your

the RuIe of

are excused

except the

12

13

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t6 introduction of the Staters witnesses

l7 witnesses and the introduction of the exhibits,

18 respectfully rests.

THE COURT: A11 right, sir Thank you very

Hono r ,

or the

with the

State's

the State

t9

20 much

2L Ladies and gentlemen, that has some 1ega1

22 effects and some practical- effects. We're going to go

23 ahead and take the morning break right now. Pl-ease

24 remember the admonition. Todd will take you downstairs.

25 I can tell- you that this partj-cul-ar break is

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going to be a little longer than the 15 or 20 minutes.

Probably at least 30 minutes. The attorneys and I need to

do some talking, okay? But please enj oy yoursel-f , and

we'11 see you back up here within 30 or 40 minutes, at the

most.

the presence

like to make

to Rule 20 in

State has not

with a minor

listed in the Indictment.

THE COURT: Well

record, is there any specific

point to?

, for the purpose of the

deficit you woul-d Iike to

MR. GREEN: Your Honor, I be1ieve under the

definition of intercourse, I bel-ieve that under 13-140L,

sexual intercourse means penetration into the penis,

vulva , or anus by any part of the body or any obj ect or

masturbatory contact with the peni s or vul-va .

Your Honor, f don't believe that the State

has proven beyond a reasonabfe doubt that the penetration

(The fol-l-owing proceedings were had outside

and hearing of the j ury. )

THE COURT: FoIks, have a seat, please.

Eirst, Mr. Green, anything?

MR. GREEN: Your Honor, at this time I would

a motion for judgment of acquittal pursuant

l1qht of the fact that I believe that the

proved al-l- of the elements of sexual- conduct

as charged, and a1l- of the statutes that are

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entered into beyond the vulva, your Honor.

THE COURT: A1I right. Sir, quick response.

MR. LONG: Other than pointing out that his

standard is incorrect, the State has no response.

THE COURT: Well, thank you. And there has

been more than sufficient evidence for which a reasonable

jury courd determine the state has carried its burden of

proof beyond a reasonable doubt as to the nature of the

offense, the nature of the alleged sexual- lntercourse or

penetration. I think both, maybe al-l_ three medical

personnel, at least two, has said that that constitutes,

in their opinion, penetration in the vul_va .

So wlth that, the Rule 20 or Motion for

Directed verdict and r think you called it judgment for

acquittal is denied.

More importantly, we're going to take a

break now, and r want you to tatk to your cl-ient because I

need to come back and find out from you where you're

headed. If he 1s not going to testLfy, I want to talk

about the jury instructions. If he is going to, we may

have to wait on those untir his testimony is done. so why

don't I give

conversation,

you about this first 15 minutes to have your

and let me know.

I was serious when

get them back unti

I

t

told the jury, I

probably won't quarter to 11:00

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Okay. We' re on a break.

(A short recess was taken.)

THE COURT: Let' s show the attorneys and

defendant is present. The jury is on break.

Among other things, the break was intended

to give Mr. Green an opportunity to consul_t with his

client. Now, the State has rested.

And, Mr. Green, have you had that

opportuni t y ?

MR. GREEN: I have/ your Honor. My client

is not going to testify today. The defense can rest at

this point.

THE COURT: AII_ ri9ht, sir. Let me talk

directly to Mr. Al-manza then.

Mr. Almanzat you have a right to testify 1f

you wish to. The decision on testifying is your decision.

You can decide to testify even if your attorney thinks you

shouldn't. You can decide not to testify if your attorney

thinks you shoul-d. That decision is your decision, but

that declsi-on should be made with the heIp, with the

advice of an attorney.

I do not want

attorney tal- ked about, but I

have you decided that you do

THE DEFENDANT:

to know what you and your

will ask you directly, sir,

not want to testify?

No, your Honor.

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 62 of 88
62

1 THE COURT INTERPRETER: No, your Honor.

2 THE COURT: Does that mean you do not want

3 to testtfy, sir?

4 THE DEFENDANT: Huh-uh.

5 THE COURT: Okay.

6 MR. GREEN: Say out loud.

7 THE DEFENDANT: NO.

8 THE COURT INTERPRETER: No.

9 THE COURT: A11 right. Very good, sir.

10 Thank you very much.

11 Now, do both sides have a copy of the second

L2 draft? T have not done a third draft. I gave you both

13 MR. GREEN: Sorry, your Honor, we had a

74 couple of negative questions with a couple of negative

15 answers.

L6 THE COURT : Okay. Mr. Almanza, we' re going

Ll to clarify it because and it's a fair thing for the

18 attorneys to want it to be real clear. What is your

19 decisj-on about testifying? What have you decided to do?

20 THE DEFENDANT: No.

2l THE COURT: Okay. TelI her that you want to

22 testify or you do not want to testify.

23 THE DEFENDANT: No, I don't want to testify.

24 THE COURT INTERPRETER: I don't want to

25 testify.

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 63 of 88
63

1 THE COURT: Okay. We' 1l- show that both in

2 English and in Spanish, but thank you very much, sir.

3 Okay. Havlng done that having done that,

4 and I thank you for clearing it uP, Mr. Almanza, l-et's

5 talk about the jury instructions real quickly.

6 (The j ury instruct j-ons conf erence was

7 reported but not transcribed. )

I (A short recess was taken. )

9 (The f ol1owing proceedings were had in the

10 presence and hearing of the jury.)

11 THE COURT: Let' s have the record show the

L2 presence of the attorneys, the defendant, Mr. Almanza, and

13 the jury is now back in the courtroom. The State has

14 rested.

15 And, Mr. Green?

76 MR. GREEN: Your Honor, the defense is going

71 to rest at this point.

18 And I would al-so li ke to re-urge my Rule 20

19 motion at this point in time.

20 THE COURT: Al-1 right. And it's denied f or

2L the reasons we previously discussed.

22 Okay. Guess what that means to you folks?

23 That means that all the presentatj-on of evidence has been

24 concluded, that the case wil-I end up being submitted to

25 you. As I discussed in voir dire in the preliminary

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 64 of 88
64

1 instructi-ons, what's going to happen is I need to read to

2 you the final instructions, and then invite the attorneys

3 to make closing arguments. I'Il be getting those final

4 instructi-ons copied during the l-unch break. You fol-ks are

5 going to have an early l-unch break. And I think they're

6 brj-nging the food up here to the jury room. It should be

7 here pretty soon. I think it was scheduled to be picked

8 up about 11:15. You may want to go downstairs and relax a

9 Iittle bit, and then Todd can bring you back up here as

10 soon as we know the food is here , tf you like.

11 But, please, presentation of the evidence is

t2 done, but it's still very important that you remember that

13 admonition and not discuss the case at all with each other

14 no matter how you feel about it until you're all together

15 back here 1n the jury room.

76 What ' 1I happen before deliberations, you' 11

71 hear the final instructions, you'11 hear the closing

18 arguments of the attorneys. I will also draw the

t9 alternate jurors. And like I told you, be it random, is

20 either one of you could be an al-ternate, but al-l of you

27 have to plan on being one of the L2 that you deliberate.

22 One of the good things that you have at this stage,

23 everybody gets lunch instead of just the 72 who are left.

24 You wait in the room if you like, or once you're there, tf

25 you wander downstairs and take a litt1e fresh air break,

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 65 of 88
65

1

2

3

4

5

6

1

8

9

10

11

72

13

L4

15

76

71

18

79

20

2t

22

23

24

25

you I re we1come to do that, but I want to

1: 00 o' cl-ock, so wherever you are, Todd

sure that. you are ready at 1:00 o'c1ock.

wander off after you eat, please be back

assembly room quarter to 1: 00.

Any questions ? Attorneys,

send them to l-unch? Mr. Long?

start again at

will need to make

Even if you

in the jury

anything before I

MR. LONG: Nothing from the State.

THE COURT: Mr. Green?

MR. GREEN: No, your Honor.

THE COURT : Okay . FoI ks , en j oy your l-unch

break and enjoy your lunches.

(The noon recess was taken.)

(The following proceedings were had outside

the presence and hearing of the jury.)

THE COURT: Let's show the attorneys and Mr.

Almanza is present in the courtroom. They are ready to be

brought in. It is time for closing and reading of the

f inal- instructions.

A few minutes ago I dropped off or had given

to each of the attorneys a copy of the final instructions.

Mr. Long, did you get your copy?

MR. LONG: Yes, your Honor.

THE COURT:

through them, &t least?

Have you had a chance to glance

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 66 of 88
56

1 MR. LONG: Yes, your Honor.

2 THE COURT: Does that cover what we talked

3 about in our discussi-on in the final instructlons?

4 MR. LONG: It does, your Honor.

5 THE COURT: Anything el-se we need, sub j ect

6 to our discussion, of course?

7 MR. LONG: Not from the State.

I THE COURT: Mr. Green, have you received

9 your copy?

10 MR. GREEN: I have it here in my hand, your

11 Honor, and, yes, I have reviewed it.

t2 THE COURT: Again, subject to our

13 discussion, is there anything el-se that needs to be done

14 with those instructlons?

15 MR. GREEN: No, your Honor.

16 THE COURT: Okay. Thank you very much.

L7 Okay. We'Il- get the jury in now. My hope

18 is I can read the instructions, 9et closings done all in

79 one package without a break in there hopefully.

20 I will say the interpreter has a set of

2l instructions to assist her in going through those.

22 (The foll-owing proceedings were had in the

23 presence and hearlng of the jury.)

24 THE COURT: Have the record show the

25 presence of the attorneys, the defendant, Mr. Almanza, the

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 67 of 88
61

1 jury is now back in the courtroom after the l-unch recess.

2 Again, ladies and gentlemen, welcome back.

3 We are at the stage of the case where the case is going to

4 be presented to you as detiberations. As part of that, I

5 am going to give you final instructions, but I will ask

6 you each to first open your notebooks, take out those

7 prel-iminary lnstructions we started with, pass them down

I to the end of the line, and they'11 be col-lected by the

9 bailiff.

10 And Todd is now going to pass out to you the

11 final instructions. The top set has eight, the bottom

L2 seven, okay? So you have a back row and front row.

13 You can do the same thinq with these final

L4 instructj-ons that we did with the preliminary

15 instructions. Keep them out, fol-low along as I read them

L6 to you, if you'd like, or put them in your notebooks and

L7 just listen to me and read the final instructions.

18 Each of you will have a set of these final

L9 instructions when you do retire to deliberate. You also

20 have verdict forms, which I'1I be talking to you about.

2L You also also have all the evidence that has been admitted

22 into evidence which will- al-l be availabl-e for your

23 deliberations.

24 Okay. With that, we're just waiting for

25 everybody to get one. Are we short one? Okay. Everybody

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 68 of 88
68

t has one.

2 (Readlng of the final jury instructions and

3 closing argument of counsel was reported but not

4 transcribed. )

5 (The bailiff was sworn. )

6 THE COURT: Okay. Again, anything else from

7 counsel? From the State, sir?

8 MR. LONG: No, your Honor.

9 THE COURT: From the defendant?

10 MR. GREEN: No, your Honor.

11 THE COURT: Okay. Thank you very much. I

t2 do always give thls instruction to the attorneys. I know

13 the cl-erk has gone through it once, but before any exhibit

t4 goes to the jury, please go through them and make sure

15 that only those that had been admitted are going to the

L6 j ury.

L1 Okay. And with that, fo1ks, Todd will take

18 you out to the jury room.

19 Alternates, stick around so we can get phone

20 numbers. And we are at recess unti-I a verdict is

2L returned.

22 (The jury retired to the jury room to

23 del- iberate . )

24 (The f oll-owing proceedings were had in the

25 presence and hearing of the jury.)

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 69 of 88
69

1 THE COURT: Let's have the record reflect

2 the presence of the attorneys, the defendant, Mr. Almanza,

3 and the j ury is now back i-n the courtroom.

4 Ladies and gentlemen of the jury, I've been

5 informed that the jury has reached a verdict; is that

6 correct?

7 THE JURY FOREPERSON: We have, your Honor.

I THE COURT: Okay. Would the foreperson

9 please glve the verdict form to the bailiff? Thank your

10 Todd.

11 Okay. At this time I'm going to ask that

t2 the clerk read the verdict.

13 THE CLERK: Omitting the f ormal capt j-on

t4 therein, the verdict reads as follows: We, the jury, duly

15 empanelled and sworn in the above-entitled and numbered

16 cause, do upon our oaths find the defendant, Eernando

t7 Almanza, guilty of Sexual Conduct with a Minor.

18 We further find beyond a reasonable doubt

19 the victim was under 12 years of age.

20 Dated this 7th day of October 2013. Signed

2l by the jury foreperson.

22 Ladies and gentlemen of the jury, is this

23 your verdict? If so, please answer yes.

24 THE JURY: Yes.

25 THE COURT: Would either counsel like the

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 70 of 88
70

I

2

?

4

5

6

1

8

9

10

11

t2

13

!4

15

76

t1

18

t9

20

2t

22

23

24

25

jury po11ed? Mr. Long?

MR. LONG: Yes, your Honor.

THE COURT: Okay. And Mr. Green al-so.

What we do in polling is the clerk is simply

going to ask each of you individually, is that your

verdict. If sor say yes. And what we do instead of

calling your names is by number, and we start by number L,

back row, top corner, and we'll go down this wdy, so we

have 7, 2, 3, 4, 5, 6,'7, B, 9, 10, Lt, 12. So if the

number is called, just please respond to the question, lf

you woul-d.

verdict ?

verdict ?

verdict ?

verdict? If

THE CLERK

sor please

JUROR NO.

THB CLERK

sor please

JUROR NO.

THE CLERK

so, please

JUROR NO.

THE CLERK

so, please

JUROR NO.

THE CLERK

sor please

Juror

an swe r

1: Yes

Juror

answer

2: Yes

Juror

answer

3: Yes

Juror

answe r

4: Yes

Juror

answe r

Number

\74 Q

_vvu.

Number

\7 A e

Number 4,

JUr.

Number 5,

t7a c

Jvr.

If

Number t, is this your

ycD.

If

If

2, is this your

3, is this your

is this your

verdict ? I f

is this your

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 71 of 88
1L

1

2

3 verdict?

4

5

5 verdict?

1

I

9 verdlct?

10

11

L2 verdict?

13

t4

15 verdi-ct ?

76

71

18 verdi-ct ?

19

20

27 verdict ?

22

23

24

JUROR NO.

THE CLERK

If so, please

JUROR NO.

THE CLERK

If so, please

JUROR NO.

THE CLERK

If so, answer

JUROR NO.

THE CLERK

If sor please

JUROR NO.

THE CLERK

If so, please

JUROR NO.

THE CLERK

If so, please

JUROR NO.

THE CLERK

If so, please

JUROR NO.

THE COURT

tr. \7^^ J. IUD.

Juror Number

answer yes.

6: Yes.

Juror Number

answer yes.

1 : Yes.

Juror Number

please yes.

8: Yes.

Juror Number

answer yes.

9: Yes.

6, is this your

7 , is this your

8, is this your

Ladies and

9, is this your

Juror Number 10,

answer yes.

1n. \/^^ _L\_./. -LC5-

Juror Number 77,

answer yes.

11: Yes.

Juror Number 72,

answer yes.

L2: Yes.

is this your

is this your

is this your

Okay. Thank you very much.

gentlemen of the lury, this now

25 we are now at the end . You returned your verdict. It

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 72 of 88
72

1 is time f or me to rel-ease you f rom the admonition. The

2 admonition I talked to you about is now vacated or you're

3 released from it, which means you're free to tal-k about

4 your jury service with other people if you wish to.

5 Sometimes the attorneys like to tal-k to the

6 )urors or have members of their staff talk to the jurors.

7 ltrs one part of their professj-onal education is maybe to

8 have comments about what you think they did right or

9 wrong. Other people may want to ask you about it. If you

10 do not want to talk about it, just tell people, I don't

11 want to talk about it. They'11 leave you al-one.

L2 Particularly the attorneys will- not bother you if you

13 don't want to tal-k about it. If you do want to tal-k about

t4 it, feel free to talk about it.

15 Personally, I would like to thank you al-l-

!6 very much. I know it's been a long week. We started this

71 off a week ago Monday. We thought we'd be going whatever

18 that amounts to, six days, it turned out to be five, but I

t9 know it's been an inconvenience to you all to some degree.

20 I truly appreciate your service.

2l On behalf of Pinal County and certainly our

22 j ust j-ce system, I thank you f or perf orming one of the most

23 important duties as a citizen, so thank you very much.

24 You're free to go.

25 Oh, well, leave your juror badges. We use

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 73 of 88
13

1 those many times again. Just drop them on the chai-r, put

2 them on the counter, it doesn't matter. The bailiff will

3 clean those up.

4 I did tell you, and I I 11 remind you, the

5 bailif f w11l- coll-ect all your notes and they' 11 be

5 destroyed. Nobody reads those notes.

7 Okay. Free to go. Thank you very much.

8 The alternate, I think we had at l-east one

9 come back or at l-east two, okay.

10 Take them out, Todd. I need to tal-k to the

11 attorneys.

72 (The following proceedings were had outside

13 the presence and hearing of the jury.)

74 THE COURT: Based on the nature of the

15 offense, the findlng of guilty, any rel-ease conditions

L6 previously set are vacated. The defendant will be held

L7 without bond pending sentencing.

18 Sentencing, because of my role now with the

79 courthouse, I'm going to set it on a Friday. And we're

20 going to set it on Friday, November 8, 2073, 9:00 o'cl-ock

2L in the morning.

22 And we have a probatlon representative here

23 I'm looking to see. We do have one.

24 MR. WHEELER: Yes, your Honor.

25 THE COURT: 9:00 o'clock in the morning,

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 74 of 88
14

1

2

3

4

5

6

1

B

9

10

11

L2

13

t4

15

T6

71

18

79

20

2t

22

23

24

25

Friday, November B, 2073.

Mr. Almanza, because it was a jury tria1, is

not ordered to cooperate with factual information, but to

cooperate at least with the biographical information

necessary to write the report. Pre-sentence report is

ordered. Any other hearings previousry set are vacated,

any other release conditions previously set are vacated.

Mr. Long, anything el-se?

MR. LONG: Nothing from the State, your

Honor.

reque s t ing

writing.

motion at

THE

Mr.

MR.

a 26.5

I donrt

COURT:

Gre en ?

GREEN:

revi ew

know if

Thank you.

Your Honor, I believe I will be

in this matter. f can do that in

the court wants to take an oral_

you put it in

to do sor and

there's real1y

this time.

THE COURT: No.

writi^9, although

f think the rule

I'd actually prefer that

you're certainly wel_come

says I grant those unl_ess

not to.

to do on those motions,

not a fixed schedul-e

a reason for

What I'd ask

though, because my s che du1 e

anymore, 9et it to

me know if there's

me

you

is

Judge Olson's office, and they'I1 l_et

anything I need to rule oh, okay?

MR. GREEN: Thank you.

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 75 of 88
75

1

2

3

4

5

6

1

8

9

10

11

72

13

l4

15

76

L7

18

19

20

2T

22

23

24

25

THE COURT: Other than that, Mr. Green,

anything el-se?

MR. GREEN: No, your Honor.

THE COURT: Counsel, I want to thank both of

you for doing a professional job, a good job, and I thank

you very much.

Wetre at recess.

(The proceedings were adjourned. )

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 76 of 88
16

I

2

3

4

5 CERT]FICATE

6

1 I, MICHELLE L. WELLNER, CR, RPR, do hereby

8 certlfy that the foregoing pages constitute a full, true,

9 and accurate transcript of the proceedings had in the

10 foregoi-ng matter, aII done to the best of my skill and

11 ability.

72 WITNESS my hand this 28th day of February,

13 20L4.

T4

15 ffiirrrnn, cn, nen

Certified Reporter #501 42

16

L7

1B

79

20

2L

22

23

24

25

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 77 of 88
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A

3

'l ttl - 45'.7 , 45:18,

47:11 ,70:7 ,70:9,

70:12,7Q:14

1-3-0 p1- 39:8, 39:9

10p1- 12:4,70:9,

71:14,71:16

101 tzl - 31:1 , 55:14

1031101 - 3:'15, 34:19,

34:23, 35:14, 35:15,

37:'11,37:14,37:16,

38:3, 55:14

106 rrt - 30:23

10:30 trt - 46:8

11 tsl - 70'.9,71:17 ,

71:19

't10nrt- 3:15, 15:23,

16:12, 39:3, 45:9,

46'.1,51'.25, 52:2,

52'.7,52'.8,52:9

11 :00 trl - 60:25

11 :15 trt - 64:8

12p1- 64:21,64:23,

69:19, 70:9, 71:20,

71:22

12:00trt- 17:4

13-1401 nt - 59:20

'13-'1421trl- 5:7

130tzt - 3:16, 34:19,

39:15, 39:19, 39:22,

39:24,40:4

15 t+l - 4:8, 5:17, 59:1,

60:22

1976ttl-7:25

1995trt - 8:15

1:00 1s1 - 65:2, 65:3,

65:5

Stcl - 1:17,7O:9,

70'.24,71:1

50 trl - 3:8

52 trt - 3:15

54 Irl - 3:8

55 Irt - 3:9

56 trt - 3:9

4

5

6

6 trrl - 3:6, 38:13,

45'.7, 45:8, 45:10,

45:1 8, 45:1 9, 70:9,

71'.2,71:4

6:00 tot - 17:7,28:21 ,

32:5,32:24,36:6,

36:1 0

7

7 tsl - 1:11, 38:13,

7Q:9,71:5,71:7

700 tgt - 8:21, '14:6

7th lrt - 69:20

2

I

2 tol - 1:6, 48:7,48:22,

70'.9,70:15,70:17 8lst - 70:9, 71:8,

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 78 of 88
17:25

assailant y1 - 25:21

Assault tal - 45:17 ,

46:6,47:10

assaultlrl - 13:7

assaulted nl - 7:21

assaultingtrl - 11:12

assembly 1ry - 65:5

assessment 1a; -

23:15,25:6,25:10,

53:14

assistt+l -11:3, 16:8,

26:2,66'.2'l

assistantlrl- 8:1

assisted 1r1 - 25:'l

assisting 111 - 19:7

associated nl - 11:7

assume 121 - 48:9,

49:9

attorney t+l - 6'l'.'17,

61 :'18, 61 :21 , 61 :23

Attomey t1l - 2:7

Attomeys tll - 2:4

attorneys 1zo1 - 4:4,

4:7, 5'.'17, 6:1, 53'.22,

59:2,61:3,62:18,

63:12,64:2,64:'18,

65:6, 65:16, 65:21,

66:25, 68:12, 69:2,

72:5,72:12,73'.11

authorlzl - 15'.24,

16:1

authored trt - 51:21

availablefi - 67'.22

avoids trl - 44:6

aware 111 - 5:4

baby til - 15:4

background 121 -

7:25,10:8

backgrounds 111 -

7:14

badges trl - 72:25

bailiff 1s1 - 67:9, 68:5,

69:9, 73:2, 73:5

barbed Fl - 44:19,

52:13, 52:14, 53'.3

barrelpl -32:11,

32:19

based 1r1 - 9:19,

12:1 ,12:25, 16:23,

24:5,41'.3,41:24,

42:4,42'.24, 43'.6,

50:10, 53:1, 53:5,

53:10, 55:7, 57:17,

73:14

basic p; - 8:1 3

basis rrl - 53:12

battlefield frt- 8:10

became trl - 8:2

become trl - 31:25

becomes Ul- 31:24

beds 111 - 41 :10

BEFOREnt- 1:13

began trl - 7:25

beginninglzl - 18:18,

47:'19

behaltn-72'.21

Behalf |zl -2:2,2:6

Behavior 111 - 21 :20

belly nt - 17:5

belowttl- 47:12

bestlrl - 76:10

bettertz] - 4:25,18:25

between pl- 17:6,

46:7

beyond 1s1 - 53:16,

59:25, 60:1, 60:8,

69:1 8

big tet - 26:8, 57:11,

57:12,57:14

bike tzt - 29: 1 1, 30:6

biographical fi-74:4

bit1s1-7:22, 42:21 ,

64:9

bladdertrt - 25:7

bleeding 1a1 - 40:11,

40:12,42:18

blood trol - 41:4, 41:8,

41:11 , 4'l:15, 41:16,

41:19, 41:23,41:25,

42:6,42:19

blue 121 - 40:13,41:1

Bodytil - 3:16

body Irsl - '12:9,

14:14,22:14,22:16,

25:23,34:24,35:2,

35:3, 35:7, 35:9,

39:11, 407, 59:22

bond lrl - 73:17

bordertzt - 33:2, 33:3

bothern-72:12

bottom lol - 33:6,

54:8, 56:3, 56:'18,

56:21,67:11

bowel trl - 25:7

boy's 111 - 29:1't

BOYD trl - 1:13

break'rzl - 4:23,

58:23, 58:25, 60:17,

61:1,61 :4,61:5,

64:4,64:5,64:25,

65:12,66:19

breathing trl - 25:7

bring tst - 5:6, 5:8,

64:9

bringing 111 - 64:6

broken fi- 51:2

brought lrt - 65:18

bruising fi- 29:21

burden 111 - 60:7

burn trl - 28:14

burning tsl - 27:11 ,

49:10,52:22

butttrl- 20:13

button 111 - 17:5

BY lerl - 7:2, '17:21 

,

21:24, 22:2, 31:11 ,

34:17,36:2,36:24,

37:19, 38:2, 39:2,

40:3, 43:18, 45:15,

46:4, 46:23, 5O'.2,

5'l :19,52:10,55:13,

56:1 3

CA 1r1 - 'l :6

CA-CR 111 - 1:6

cannottrl - 58:10

capacity tzl - 8:4, 8:10

capillaries 111 - 28:16

capillary 111- 41:10

caption 111 - 69:13

carlrl-51 :3

cardiac 111 - 8:12

care [s] - 7:25,8:5,

9:8, 18:20, 19:6

carried 111 - 60:7

case [r2] - 4:22,'15:14,

15:24, 19:12, 19:24,

24:14,26:16,28:17,

63'.24,64:'13,67'.3

cases [e] - 8:23,8:25,

9:7, 11:23, 11:24,

12:3, 14:5, 14:17,

34:10

catheterizations 1r1 -

10:1 3

caused 101 - 50:19,

52:12, 53:2, 53:6,

53:'l 1 , 53:18

cell {21 - 40: 1 8, 40:"1 I

cells tr1 - 40:16

center I2l - 40:17 ,

46:5

centimeterlal - 54:23,

56:1, 56:2, 56:16

centimeters [1] -

57"12

certainly g- 37:17,

57:20,72:21 ,74:18

Certified ?t- 1:22,

76:15

ceftify 111 - 76:8

chairlrl - 73:1

chance fi - 65:24

changed t1l - 25:3

charged 11 1 - 59:1 4

check 111 - 6:4

cheek 1a1 - 12:12,

20:12,23:6

chest 121 - 39:'l 1 

,

39:12

child 1on; - 9:23, 10:6,

10:7,11:6,'11'.11,

11:14, 11:15, 11:21 ,

12:18, 16:23, 16:24,

17:9,18:19, 18:22,

18:24, 18:25, 19:3,

19:5, 19:8, 19:9,

19:10, 19:12,20j18,

21:12,21:19,22:21 ,

23:3,24:6,24:8,

24:25,25:2,25:5,

25:'11,25:12,25:14,

25:16,26:2,26:6,

26:9,26:11,26:24,

27:24, 31:17 , 31:18,

31:24,32j14,34:8,

41:6,42:8,43:21 ,

44:2, 44:6, 44:15,

46:9, 48:10, 48:14,

48:1 6, 49: 1 , 49:8,

52:19,53:14

child's 121 - 18:21,

21:8

childbirth g -'14:22

children nat - 10:12,

10:16, 11:19, 12:16,

21:1 ,22:13,22:25,

26:5,32:3,34:1,

42:10, 42:14, 42:22,

42:25,43:2, 43:7,

52:21 , 53:12

Children's 121 - 15:15,

16:16

chooses g - 4:25

chronic 121 - 14:17,

34:'l 0

circle 121 - 38:12,

48:22

circled t1l - 47:11

circularlzl - 56:7,

56:25

circulation U-25:7

circumferential 111 -

56:7

citizenfi-72:23

city 1r1 - 7:10

civillrl - 9:11

clarify 121 - 45:6,62:17

clean 111 - 73:3

clearlzl - 57:4,62:18

clearing trl - 63:4

clearly lzl - 27:5,

27:17

clerk 1a1 - 68:1 3,

69:12,70:4

CLERKtrst - 69:'13,

70:12,70:15,70:18,

70:2'1,70:24,71:2,

71:5,7 1:8,71:'11 ,

71:14,71:17 ,7'l:20

client1q -4:17,4'.25,

5:12, 60:17 , 61:7 ,

61 :10

climbing g- 44'.18

clitoral $-3'l:22

clitorist2l - 31:19

clock Isl - 17:1, '17:6

closed 1r1 - 32:13

closing 1+1 - 64:3,

64:17, 65:18, 68:3

closingslrl- 66:18

clothedg-22:2'l

clothing 111 - 25:3

clue 111 - 19:4

CO trl- 49:9

collateral 111 - 29:16

collect 1r1 - 73:5

collected t1l- 67:8

collecting 111 - 't0:4

colloquy 111 - 5:2

coloscope 1r1 - 54:20

colposcope 1+1 -

26113, 54:5, 54:17

comfortable 1s1 -

6:19, 11:14,25'.13

cominglsl -28'.1'1,

29:1 0, 31 :1 8

comments g-72'.8

commissure 1z; -

27:23,32:8

common 1a; - 11:7,

16:24, 17:5

community 1r1- 13:11

complained 121 - 49:9

complaining 111 -

25:17

complaintlrl- 52:19

complete 1a; - 13'.25,

14:1 , 14:23

completely 1s1 -

12:24, 14:10, 14:11,

14:19,15:10

comprehensive 121 -

7:20,10:3

computert6l - 54:7,

55:24, 57:6,57:7,

57:9,57:14

computerized 111 -

54:20

concentration til27:14

concept 1r1 - 18:25

concern t1l - 19:6

conclude t4l - 51:8,

C

B

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 79 of 88
53:2, 53:6, 53:10

concluded 111 - 63:24

condition p1 - 10:2

conditions p1 - 13:4,

73:15,74'.7

conductpl - 59:13

Conducttrl- 69:17

conducted 1e1 - 8:20,

9:'13,43:7

conducting p1- 22:7

conference 1r1 - 63:6

conferred 1ry - 16:13

confirmed p1 - 41:19

confusing p1 - 22:14,

26ts

confusion trl - 45:12

conjunction 61 -

20',21

considerlrl - 28:10

consideration 121 -

13:1, 57:15

considered nt - 30:1'l

consistencttrl - 53:9

consistent t16l -

18:14,22'.4,28'.25,

29:1,29:3,30'.2,

38:'10,41 :8,41:16,

41:17, 41:2Q,42:5,

42:17, 43:8,44'.12,

52:14

consists trl - 33:10

constitute 1r1 - 76:8

constitutes 1r1 - 60:11

consultt2l - 8:22,

61:6

consultations 111 -

15:13

contact 1zo1 - 5:9,

12:'18, 13'.15, 13:17,

18:3, 19:2,25:18,

25:20,25:23,26:3,

26:10,27:6,27:7,

27:16,27:17, 42:13,

42:18,44'.4, 52:24,

59:23

contemporaneously

t2t - 47i23,48i13

continue 111 - 4:20

Continued 1r1 - 3:7

continued tzl - 8:6,

37:18

contract 121 - 7: 16,

8:24

contractorlrl - 9:9

contributors tll24:11

control t11 - 15:8

controlled I2t - 15:4,

15:6

convercation p1 -

4:17, '18:7, 489,

60:23

cookies 1r1 - 5:18

cooperate 121 - 74:3,

74:4

cooperative 1r1 -

21'.25

copied 111 - 64:4

Copylrl - 3:16

copy tsl - 45:1 9,

62:1'1,65:21 , 65:22,

66:9

corner[4] - 36:8, 45:8,

45:16,70:8

correct t63l - 8:1 8,

9:6, 9:14, 10:10,

10:20, 10:25, 15:11,

15:12, 17:10, 17:11 ,

'17:15, 18:9,20:16,

20:20,20:23,23'.7,

23'.23,24:2,24:16,

24:22,28:6,28:19,

33:3, 33:24, 34:3,

35:1,35:11,36:4,

36:5, 36:8, 36:9,

37:7, 38:12, 39:8,

39:9, 39:'17, 44:9,

44:'10, 45:4, 46:1,

46:2,47:1 ,47:8,

47:9, 47'.13, 47:14,

48:4, 48:5, 48:6,

48:11, 48:20, 48:23,

48:24, 49:5, 49:11,

49:13, 49:16, 53:'19,

56:5, 56:19, 56:24,

57:5, 69:6

counsel 1a1 - 68:3,

68:7,69:25,75:4

counterlll - 73:2

counterpart 11l -

3'l:20

COUNTY 111 - 1:2

Countylsl -2'.4,2:4,

72:21

couple t+l - 45:6,

55:6,62:14

cource 111 - 66:6

courttsl - 9:2, 36:18,

46:18, 53:24,74:15

COURT 1ro+1 - 1:1,

4:3, 4:12, 4:14, 4:19,

4:24,5:4,5:10, 5:16,

5:25, 6:8, 6: 1 1 , 6:1 4,

6:18, 17:16, 21:23,

30:22,30:24,31:2,

31:8,34:16,35:'15,

35:20,36:16,36:19,

36:23,37:11,37'.17,

37:22,38:1,38:25,

39:20,39:22, 40:2,

43:15, 45:11, 45:22,

45:25, 46:3, 46:14.

46.19,49:2'l , 51:14,

51:17 , 51 18, 52:3,

52:5,52:7,53:21 ,

53:25, 54:12, 54:22,

55:2, 55:8, 55:11,

56:10, 57:22, 57:25,

58:2, 58:5, 58:8,

58:1 5, 58:1 9, 59:8,

59:1 6, 60:2, 60:5,

61 :3, 61:13, 62:1,

62:2,62:5,62:8,

62.9, 62:16, 62:21 ,

62:24,63:1 , 63:11,

63:20,65:9,65:'1 1,

65:1 6, 65:24, 66:2,

66:5, 66:8, 66:12,

66: '16, 66:24, 68:6,

68:9, 68:11, 69:'1 ,

69:8, 69:25, 70:3,

71:23,73:14,73:25,

74:11,74:17,75:1,

75.4

Courlg- 1:22

court's 1t1 - 15:.22,

16:11,20:7,21:22,

30:1 9, 31 :6, 39:25

courthouse 1r1 -

73'.19

courtroom 1s; - 5:20,

63:13,65:17,67:1,

69:3

cover[2] - 5:5,66:2

CR 1a1 - 1:6, 1:21,

76:7 ,76:15

CR201103025 t1t - 1:5

create 111 - 33:20

creating g- 47:5

Cross 1t1 - 3:7

CROSS 1t1- 43:17

cross 111- 35:18

Cross-Examination

111- 3:7

cross-examination 1r1

- 35:18

cRossE)(AMINATIONIrl -

43:17

crossing 1a1 - 23:18,

23.22,23:25,24:3

crotch 1r1 - 42:2

curling ll - 24:4

current[3] - 10:25,

11:1,11:3

cuttst -'15:6,27:14,

40.24

cutting 1s1- 14:23,

15:9,52:16

dabbed g - 42'.8

dated 111 - 69:20

DAY1r1 - 1:17

day-to-day g- 53'.12

daystgl -'13:6, 13:8,

13:14, 13:15, 13'.23,

14:3, 14:10, '14:11,

72:18

dealt2l-50:t1,50:12

decide tzt - 61:17,

61 :18

decided el- 61:24,

62:19

decimal g- 54:25

decision 101 - 61:'16,

61:19,61:20,62:19

decisions 1r; - 4:15

Defendant 1e; - l:7,

2:6

DEFENDANTIsl -

61:25,62:4,62:7,

62:20,62:23

defendant 101 - 4:4,

6:1 ,61:4,63:12,

66:25, 68:9, 69:2,

69:16,73:16

defense 101 - 5:7, 6:8,

B:25, 9:10, 6l:11,

63:1 6

deficitlrl - 59:17

definition 111 - 59:20

degree 1:; - 8:7,

57:16,72:19

deliberate 1s; - 64:21,

67:19,68:23

deliberations 1s1 -

64:16, 67:4,67:23

demoristrate 121 -

11:8,38:19

demonstrated 121 -

23:9,23:18

demonstrating 111 -

23:25

demonstration [2j -

23:21,24:15

demonstrations 121 -

22:8,23:8

demonstrative 1t1 -

30:18

denied tzl - 60:15,

63:20

denuding 111 - 28:8

department 121 - 8:3,

10:1

depiction 11l - 37:3

depicts 1rJ - 37:3

Deputy 111 - 2:4

describe 101 - 23'.11,

25:25,27:21,30:20,

38:9, 39:7

describedlol -26:21,

27|17,33:21

describing p1 - 17:2,

27:3

description 121 -

38:23, 46:5

DESCRIPTION 1r1-

3:14

desk 1r1 - 57:5

destroyed 1r1 - 73:6

detail trt - 38:10

detected g - 14'.20

determination nl4:18

determine tzl - 41'.24,

60:7

determined 1r1 - 54:3

determines g - 57:17

develops 111 - 31:24

diagnosis 111 - '19:18

diagram 1rz1 - 30:17,

30:20,31:16,32:21,

33:25, 35:7, 36:3,

36:7, 36:1 2, 37:5,

38:9, 38:15, 38:'18,

39:15, 56:19, 57:1'1,

57 '13

Diagram 121 - 3:15,

3:16

dialogue 111 - 5:1

diameterlrl - 56:20

different I2l - 12:13,

31 :15

differently trl - 30:14

difficult t2t - 11:16,

22:25

digital 1a1 - 27:5,

27:17,34:12

dimension trl - 56:15

Dire Irl - 3:6

dire 1a1 - 35:18,35:22,

36:21,63:25

DIRE 111 - 36:1

DIRECTI2I - 7:1,

37:18

direct 121 - 23:15,

49:'13

Direct tzl - 3:6, 3:7

Directed 111 - 60:14

direction p1- 4:18,

56:22

directly t41 - 42'.13,

51:12, 6'l:14, 61:23

discomfortlsl -

27:'16, 42:13, 52'.20

discuss 121 -'11:23,

64:1 3

discussed A- 63:2'1,

D

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 80 of 88
63:25

discussion Isl - 66:3,

66:6,66:13

disrobe trl - 24:25

distance trl - 54:9

documented Iz! -

18:14,48:20

done1q- 4:22,

10:13, 33:21, 41:19,

46:19,60:21,62:12,

63:3,64:'12,66:13,

66:18, 76:10

dottrt - 32:25

doubt tsl - 59:25,

60:8,69:18

down 1rzl - 20:11,

23:2,25:8,29.,10,

31:23,32:5,32:7,

42:23,53:21, 55:24,

67:7,70:8

downstairs tsl -

58:24,64:8,64:25

dralTel- 62:'12

drawtzt - 54:8, 64:18

drawing 121 - 36:25,

51 :10

drawn trl- 39:10

drewt2l - 39:12, 40:6

drop trl - 73:1

dropped 111- 65:20

drug IU - 8:6

duly 121 - 6'.24,69:14

during g1 - 23:9,

26:21, 44:3, 44:17 ,

46:24,64:4

duties trl - 72:23

dye tgl - 26:17,26:19,

27'.1 3, 27'.24, 40'.1 3,

40'.16, 40:18, 41:2

dynamically 111 -

50:22

earlytzl - 9:16, 64:5

easy trl - 57:18

eatlrl - 65:4

edges nl - 32:17

educate trl - 9:1 9

education tsl - 7:23,

10'.23,72:7

effects 121 - 58:22

egg 1r1 - 56:6

egg-shaped 1t1 - 56:6

eight trt - 67:11

eithertsl - 42'.17,

44:3,44'.17,64:20,

69:25

elements Irl - 59:13

elicit r2t - 26:25, 27 :1 5

elliptical ttl - 56:6

emergency 1e1 - 7:15,

9:23, 10:1,43:3,

50:20,50:24

empanelled 111 -

69:1 5

encountered trl -

20:25

end tst - 47:20,47:23,

63:24,67:8,71:25

English 111 - 63:2

enjoy 1s1 - 59:3, 65:1 1,

65:12

entered trl - 60:1

entering nt - 32:1 8

entitled t1t - 69:15

entancel2l- 17'.4,

32:10

epidural Ir1 - 12:14

episiotomies tt1 -

14:2'l

episiotomy 111 - 15:1

equipmentltl- 44:16

ER tgt - 10:11, 19:21,

20:25

especially Iz1 - 15:3,

50:20

estrogenized 121 -

12:16,31:24

evidencelrrl - 13:13,

37:12,37:'14,39:24,

50:1 8, 52:9, 60:6,

63:23,64:11,67:21 ,

67:22

exam[32] -7:20,9:12,

9:15, 9:18, 9:21,

9:25, 10:3, 10:4,

'14:22,'17:8, 17'.23,

17:24, 17:25, 18:1,

18:16,18:17,18:18,

'18:20, 19:9,23:10,

25:9,25:14,25:15,

25:24,26:1,26.22,

27:2,27:19,39:16,

43:7,44:3,49:17

Examination tel - 3:6,

3:6, 3:7, 3:7, 3:8,

3:9, 3:9, 45:17

examination 1s1 -

32:22,35:'18, 51:20

DGMINATION tz:-

7:1 ,36:1 ,37:18,

43:17,50:1 , 55:12,

56:12

examinations 121 -

'16:2,22:7

examine 121 - 8:23,

26:12

examined tsl - 6:25,

14:5, 17:13

examinert4l - 7:17,

7'.18,7:19,20:24

examiners lrl - 10:16

examining trl - 43:7

example Irl - 12:8

exams t8l - 8:14, 8:16,

8:19,10:16,11:8,

137 , 14:1, 57:19

exceptltl - 58:10

Exclusion trl- 58:9

excuse trl - 19:2

excused H- 57:23,

58:9,58:14

Exhibit 1zzt - 15:23,

16:12,3'l'.1 ,34:22,

35:13, 37:1'l ,37:14,

37:16, 37:20, 39:3,

39:1 5, 39:1 9, 39:22,

39:24, 40:4, 41:'13,

45:9, 46:1, 52:2,

52:7,52:9

exhibittsl -30:22,

38:3,51 :23,58:3,

68:1 3

Exhibits tst - 34:18,

34:22,55:14

exhibits t1t- 58:17

expect111 - 12:23,

13'.20, 13:23, 13:24,

14:5, 14:6,24:7,

29:14,29:21 ,30:2,

41'.3

experience lrot - 8:11,

8:17,9:20, 12:4,

16:23,24:5, 42:24,

43:6, 43:24, 50:11

expert tzl - 8:24, 9:9

explain yz1- 14:25,

19:20,20:17,21:6,

21:13, 23:11 , 24:10,

2B:7,29:8,31:15,

34:21,35:6, 42:9

exposing 111 - 28:16

exquisitely g - 12:21

external pj- 11:13,

33:9

eye 111 - 26:13

eyesfi - 28:24

face 1s1 - 17:2, 17:7,

33:13

facilities n-7:10

facility trl - 8:5

fact 101 - 14:17,41:9,

48:1 7, 49:3, 51 :1 3,

59.12

factors lzl - 12:6,29:4

facts Irl - 51 :B

factual 121 - 9'.7 ,74'.3

fair pt - 51:7 , 62:17

fairly lgt - 56'25,57'.13

lall tzt - 44:17 , 53:7

falling trt - 29:11

familiar tzl - 15:21 ,

29:6

fartrt- 56:15

fatty 1a1 - 29:20,32:1

February trl - 76:12

fell lel - 30:5, 30:6,

30:7, 51 :2, 51:5

female 101 - 12:10,

31'.19,31:2'l,32:20,

33:12,36:7

females ltl- 14:21

fence 1e1 - 44:18,

44:19

fences trl - 44:16

Fernando 1a; - 20:8,

28:1 , 47:1 6, 69:1 6

FERNANDO trt - 1:6

fewtgt - 26:18,35:22,

65:2O

field tr: - 11:3

final trzl - 64:2,64:3,

64:17, 65:19, 65:21,

66:3,67:5,67:11,

67:13, 67:17 , 67:18,

68:2

findings 121 - 11:25,

14:6

fine 111 - 35:24

fingerlel - 20:8,

22:16,26:4,27:'15,

33:1 ,33:21,33:22,

34:5

fingernails tzl - 24:18,

25:9

fingers 1s] - 20:12,

23:20,28:2, 42:15,

47:16

fire rrt - 8:2

firstm - 6:24, 17:15,

19:22,24:25, 59:9,

60:22,67:6

fivetrzt - 13:8, 13:14,

13:15, 13:19, 13:22,

13:23, 14:3, 14:7,

14:10, 14:1'l , 18:'12,

72:18

five-day tal - 13:19,

13:22, 14:7

lixedn-74:22

fleelrl- 11:15

flexibility Ut - 32:15

Florencelrl - 1:10

focus trl - 7: 13

folks tsl - 59:8, 63:22,

64:4,65:'11,68:17

followtst - 55:5, 55:6,

67:15

follow-up lzl - 55:5,

55:6

followed g-21:25

following 1a1 - 4:1,

5:23, 59:6, 63:9,

65:14,66:22,68:24,

73:12

follows 121 - 6:25,

69:14

food tzt - 64:6, 64:1 0

FOR trt - 1:2

force tsl - 23:17,

24:11,28:1Q, 45:1

foregoing 121 - 76:8,

76:10

forensictgl - 7:17,

7'.18,7:19,7'.20,

8:14,'10:5, 10:15,

13:13,20:24

FOREPERSON rll -

69:7

foreperson pl - 69:8,

69:21

form tzl - 46:20, 69:9

formal Irl - 69:13

forms 1t1 - 67:20

fonrard 111 - 6:15

four tst - 18:12, 19:4,

22:5

four-year-old 121 -

19:4,22:5

freelal - 72:3,72'.14,

72:24,737

fresh Irl - 64:25

friable lzl - 12:15,

12:20

friction g-28:11,

28:15, 52'.15, 52'.16

Friday tsl - 73:1 9,

73:20,74:1

frontlsl -22:22,

25:12,39:4, 51:21,

67:12

full trl - 76:8

function trl - 7:16

functioned tzl - 8:3,

10: 10

functioning te1 - 8:1 ,

8:9

FURTHERt2I -55:12,

56:12

generalg; - 11:15,

13:5, 14:15,35:3,

35:8, 38:13, 39:'t 1

General fil-21:20

E

F

G

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 81 of 88
generallytsl - 9:19,

'l'l:5,1'l'.24, 18:1,

30',2

generate nl - 55:25

generating 1r1 - 54:20

genital Isl - 12:7,

12:'10, 42:11, 42:16,

42:25

genitalia 121 - 36:7,

44:20

genitalspl- 11:'13

gentle tzl - 1'l:14,

1'l:20

gentlemen tol - 6:3,

58'.21,67:2,69:4,

69:22,71:24

girl 1e1 - 9:15, 12:8,

18:2, 18:4, 18:5,

18:8, 18:11

given tzt - 13:22,

65:20

glance 111 - 65:24

gleaned nt- 53:13

granttll- 74:19

Green tsl - 3:6, 3:7,

3:9,4:14,39:20

GREEN tsat - 2:7,

4:16,4'.20,5:3, 5:14,

6:10, 35:16, 35:24,

36:2,36:22,36:24,

37:10,39:21 ,43:18,

45:14,45:15,45:24,

46:4,46:11, 46:23,

49:19, 52:4, 56:13,

57:21, 58:1, 59:10,

59:19, 61:10, 62:6,

62:13, 63:16, 65:10,

66:10, 66:15, 68:10,

74:13,74:25,75:3

green t16l - 6:9, 35:15,

36:21, 43:16, 45:'11 ,

46:21, 57:25, 59:9,

61 :6,61:8,63:15,

65:9, 66:8, 70:3,

74:12,75:1

groomtrl-11:13

groomed 1r1 - 11:11

gross trl - 26:12

growtrl - 33:13

guess Isl - 4:21, 5:10,

10:18,37:2,51:8,

53j17, 54:22,63:22

guided Irt - 50:21

guides trt - 19:19

guilty 121 - 69:17,

73:15

half tzt - 18:12, 56:2

hand fl - 40:21 ,

40:24, 40:25, 42:13,

58:2,66:10,76:12

hands trl - 42:23

handwritten p1- 45.8,

45:19

head I3t - 25:16,

32:'13, 39:11

headed p) - 4:'15,

60:1 9

heal I3l - 12:23, 13:4,

15:10

healed tal - 13:12,

14:3, 14:10, 14:11

healing pl- 13:1 ,

'16:22

heals tzt - 12:9, 14:15

hearlol - 21:4,21:10,

21:16,31:9,64:17

heard lgl - 47:3,

48:14,50:'16

hearing trzt - 4:2, 5:7,

5:24,36:17, 46:17,

53:23, 59:7, 63:10,

65:15, 66:23, 68:25,

73:13

hearings Irl - 74:6

hearsay 1r1 - 46:10

held 111 - 73:16

help 111 - 6'l:20

hereby 111 - 76:7

herein trl - 6:24

Hess tzl - 15:20, 16:17

history 1s1 - 1822,

24:23,29:2

History 1s1 - 46:6,

47:11

hold lqt - '1 1:17, 35:3,

35:20,51:14

hole 111 - 26:8

Honorlsol - 4:16, 5:3,

5:15, 6:6, 6:10,6:22,

30:21,34:15,35:12,

35:16,36:14, 36:22,

37:'10,37:15,37:25,

39:1 , 39: 1 8, 46:1 1 

,

46:13,49:20, 51:17,

52:1, 53:20, 557,

57:24,58:1 , 58:15,

59:10,59:19,59:24,

60:1, 61:10, 61:25,

62:1,62:13,63:16,

65:10,65:23,66:1,

66:4, 66:1 1 , 66:1 5,

68:8, 68:10, 69:7,

7O:2,73:24,74:10,

74:13,75:3

HONORABLE y1 -

'l:13

hood lzl - 31:21 ,

31:23

hope Itl - 66:'l 7

hopefully 111 - 66:19

hospital |zt - 8:4

Hospital g - 15:15,

16:16

hours 111 - 9:16

hurt let - 19:23, 44:7,

44:B

hygienelrl- 13:2

hymen 1s1 - 12:17,

34:1 ,34:2,34:5,

34:9

hymenal vt - 32:11,

32:12,32:18,34:2

idea Irl - 26:7

identified g - 27:5

imagery trl - 54:17

impacttrl- 24:6

importantl3l - 19:16,

64:12,72:23

importantly 111 - 60:16

impossible lzl - 50:4,

50:B

lNlzt-1:1,1:2

inch Irl - 56:2

inches trt - 56:1

included 111 - 16:6

inconsistent t11 -

43'.12

inconvenience 1t1 -

72:19

incorporate 1r1 -

18:19

incorrect 111 - 60:4

incurred 121- 44:8,

44'.22

independent tzl - 9:9,

17:22

independently 121 -

7.16,8:24

indicate t+l - 32:22,

38:4, 51:23, 55:16

indicated 1:1 - 40:6,

48:2,52:23

indicates Irl - 56:3

indicating y1 - 27:25

indication et - 13:20,

21:17

indications 111 - 25:19

indicative tzl - 26:20,

36:25

lndictment trl - 59:15

individually trt - 70:5

infection g - 52:22

inflicted p1- 44:13,

50:1 5

infliction 111 - 44:5

information 1ro1 -

19:7,47:4,49:7,

50:18, 53:1, 53:5,

53:11, 53:16, 74:3,

7414

informed 1t1 - 69:5

injurefi- 42:25

injured t41- 43:4,

43:5,43:21, 44:2

injurieslsl -11:7,

13:2, 13:4, 13:11 ,

'14:16,28:11 ,296,

29:15,29:24

injury gel - 11:9,12:4,

12:22, 12:23, 13:2Q,

13:21, 13:25, 14:9,

14:10, 16:22, 16:24,

17:5,24:7,24:12,

24:13,25:18,26:20,

26:25,27:22,28:4,

28:20,28:22,28:25,

29:9,29j12,29:'14,

29:23,29:25,30:1,

30:10, 30:11, 30:15,

33:8, 33:20, 33:21,

34:6,35:8,37:1,

37:3,37:4,37:6,

38:5,38:14, 38:16,

38:1 9, 38:23, 40:7,

40:10, 40:22, 42:4,

42:5,43:8,44:8,

44:11, 44:17, 50:19,

51:6, 51:8, 52:12,

52:13, 52:14, 52:15,

52:16,52:19,53:6,

53:9, 53:11, 53:18,

54:2, 54:13, 56:18

inner 121 - 29:19,

29'.22

innermostlrl - 29:17

inpatient 111 - 8:5

inside 1ro1 - 12:12,

30:1 '1 

, 33:6, 33:8,

33:15,33:17,33:18,

33:1 9

instance 1s; - 5:8,

14:4,38:21

instances tzl - 5:8,

15:9

instead A- 64:23,

70:6

instruction 111 - 68:12

instructions 1zz1 -

22'.1 ,60:20,63:5,

63:6,64:1,64:2,

64:4,64:17,65:19,

65:21, 66:3, 66:14,

66:18,66:21 ,67:5,

67'.7 , 67'.11 , 67'.14,

67:15,67:'17,67:19,

68:2

instructive 1r1 - 38:22

instrument 1zy -

26:14,54:6

intended trl - 61:5

intends Ir1 - 5:8

intercourse 1s1 -

59:20, 59:21, 60:9

interesting trl - 5:10

interpreter111- 66:20

INTERPRETERIal51'.17,62:1,62:8,

62:24

interpreters tll -

51 :1 5

interruptltl - 37:23

intimidatelrl - 11:17

intricate 111 - 54:7

introduce 111 - 7:5

introduction 1a1 -

35:13, 58:'16, 58:17

invite 111 - 64:2

invoked 111 - 58:9

involved trt - 37:9

involving tal - 8:25,

10:'13, 17:9

isolated 61 - 29:25

issues 1s1 - 5:14,

12:18,'12:25

it'll1t1- 4:24, 11:12,

54:8, 54:9

itches trt - 42:17

itself 121 - 38:22, 56'.5

J

H

Jackie lzt - 15:20,

1617

jobgl - 8:22, 1'l:1,

75:5

JOHNSON 111 - 1:13

Judge 111 - 74:23

JUDGETIt - 1:13

judgment 121 - 59:1 I ,

60:1 4

iuicefi- 27:14

jurortrzl -70:12,

70:18,70:21,70:24,

71:2,71:5,71:8,

71:11,71:14,71:'17,

71:20,72:25

JURORrrzt -70:14,

70:17,70:20,70:23,

71:'1,71:4,71:7,

71:10, 71:13, 71:16,

71:19,71:22

Jurortrl - 70:15

jurors I+l - 6:1, 64:19, hairtrl - 33:13

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 82 of 88
72:6

JURY rgr - 1'.17 , 69'.7,

69:24

Jury Irl - 3:8

jury'/71- 4'.2,4:5,4:7,

5:5, 5:18, 5:24,7'.5,

19:20, 36:'18, 37:16,

46'.18,53:24, 54'.1,

59:7, 60:7, 60:20,

60:24, 61:4, 63:5,

63:6, 63:10, 63:13,

64:6,64:15, 65:4,

65:15, 66:17, 66:23,

67:1, 68:2, 68:14,

68:16, 68:18, 68:22,

68:25, 69:3, 69:4,

69:5, 69:14, 69:21,

69:22,7O:1,71:24,

72:4,73:13,74'.2

iusticefi-72:22

Katie 1r1 - 46:9

keep lzt - 11:1,67:15

keeping g- 10'.25

kind tzt - 4:9, 6:'19

kissed lzl - 20:12,

23:5

kissing g- 25'.22

kitrrt -'16:7

knee trl - 28:13

KOHLERIrl- 2:3

labialal -29:20,

31:25,32:2,32:3,

33:9, 33:10, 33:11,

33:12

lacerations 111- 29:21

ladder pt - 51'.2, 51:5

ladies 101 - 6:3, 58:21,

67,,2,69'.4,69'.22.

71:24

language p] - 21:2,

21'.8,21'.'.t1,21:12,

21:13

lap trl - 20:11

large 111 - 57:13

largerlrl - 32:'l

last p1 - 13'.15,'17'.14,

25:23,43:20

Lawfl-2'.7

lawyers 111- 58:11

lay trl- 26:'l 1

layer 121 - 12'.14, 28:15

layers 111 - 22:15

lead 111- 53:14

least tal - 8:21, 45:19,

59:2, 60:1 1 , 65:25,

73:8,73:9,74:4

leave 1a1 - 34'.5, 72:'11,

72:25

leftpl- 36'.7,64:23

leg lrl- 12:15

legal 111 - 58:21

legs p1 - 23:'18,23:22,

23'.25,24'.3,29:9,

29:19,39:11

lemonpl-27:14

length 121 - 55:'18,

55:24

less 111 - 56:2

lefting 111- 15:7

life tat - 8:1 2, 8:1 3

lightnt- 59:12

likelihood tr1 - 14:13

likely 111 - 24:13

likened 11 1 - 28:1 3

limitlrl - 50:9

linelrrl - 36:10,

36:11,36:25,37:7,

38:12,38:21,38'.22,

39:10, 39:12, 54:9,

67:8

linearlrl- 54:8

lines 121 - 47:'12,55:21

lip rgt - 33:'1 3, 33: 14,

33:1 6

lips 111 - 32:1

listed ti1 - 59:15

listen 11l - 67:17

literaturetrl-11:2

litigation 111 - 9:11

lives tlt - 44:15

living 111 - 7:7

local 111 - 8:4

located 1s1 - 33:18,

38:20,42:1

location pl- 16:24,

26:25,30:9,37:4,

37:8, 38:1 3, 41 :23,

42:5

LONGlsol -2:3,4:11,

4:13, 5:6, 6:6, 6:13,

6:22,7:2, 17:21 ,

22:2,30:23,30:25,

31 :6, 31:1 1,34.,17,

35:12, 36:14, 37:15,

37:19,37:25,38:2,

39:'1,39:2,39:18,

39:25, 40:3, 43:14,

46:10, 46:13, 46:16,

49:23, 50:2, 51:19,

52:1 ,52'.10,53:20,

55:6, 55:'10, 55:13,

56:9, 57:24, 60:3,

65:8, 65:23, 66:1,

66:4, 66:7, 68:8,

70:2,74:9

looktrat -519,9'.22,

13:5, 14:19, 15:'16,

16:12, 17:1,25:16,

25:17,26:14,26:19,

29:16,30:20,32'.'17,

39:3,41 :13,50:23,

57:13

looked 1r1 - 13:6

looking 1rs1 - 9:20,

17:23, 19:2,31:12,

31:14,34:21 ,35:9,

36:6,37:20, 45:7,

45:10, 45:16, 45:22,

57:10,7323

loss lrl - 13:'12

loud trl - 62:6

low1rl - 17:6

lower 11l - 45:8

lunch tot - 64:4,64:5,

64:23,657,65:1'1,

67:1

lunches g- 65:12

lyingr;1 - 29:22

ma'am I13l - 6:15,

6:18,7:3,21:23,

31:'12, 37:13, 38:1 ,

46:1 ,53:22, 53:25,

54:12,56:9,58:2

magnification 121 -

57:16,57:17

magnify tzt - 26:13,

26:14

main trl - 29:'1 5

malorg - 24:11

majora 101 - 29:20,

32:2, 33:9, 33:10,

33:11,33:12

male 111 - 31:20

manifest 1r1 - 11:25

map t6l - 28:21 ,34:24,

35:2, 35:3, 35:9,

39:1 1

marked g - 32:25,

34:18,36:3,37:12,

39.22,52:8

markertll - 55:23

marking g- 41:1

matksll- 47:12

masturbatory t2l -

44:4,59:23

mattertal - 64:14,

73:2,74:14, 76:10

MATTHEWIl] - 2:3

mean [7] - 21:7,37:22,

40:19,41:10, 46:12,

47:21, 62:2

meanslTl -21:13,

47:22, 49:9, 59:21,

63:22,63:23,72:3

meantlil - 38:16

measure p1 - 54:6,

54:9,55:24,57:5

measured 1+1 - 54:3,

54:'16, 54:18, 57:6

measurementlrl -

54:23

measurements 11j -

54:14

mechanical tsl - 28:9,

28j10,54:2'l

mechanically 111 -

50:22

mechanism Irl - 51 :6

mechanisms 111-

44:2'l

medic 1r1 - 8:2

medical yq-7:2Q,

9:24,10'.2, 14:6,

16:4, 18:21,19:16,

49:17, 50:3, 50:24,

60:1 0

medication t1l - 18:23

medications I2l -

1O:2, 18:22

medicinelrl - 7:15

memberlrl - 8:8

members t1l - 72:6

membrane 121 - 28:9

memorylsl- 15:16,

17:22, 18:1

mere 1r1 - 50:11

MICHELLE 1s1 - 1:21 ,

76:7 ,76:15

microscopically 1r1 -

14'.19

middlelrl - 4:16

might 1+1 - 16:17,

17:16, 45:12, 52:22

Military 111 - 8:9

mind 111 - 18:6

minegl- 47'.25

minimal g- 14:15

Minorlrl - 69:17

minorlrl - 59:14

minora A-31:25,

32:3

minute 121 - 47:18,

51:14

minutes 1a; - 4:8,

5:17,26:'18, 59:1,

59:2, 59:4,60:22,

65:20

moistlrl - 12:13

momenttzl - 35:5,

35:'1 9

Monday g - 72:17

morning 1ay - 4:6,

4:23,7'.3,7'.4,9:16,

58:23,73',21,73:25

most 1a1 - 12:2, '13:11 

,

16:24, 17:5, 17'.7,

26:5, 59'.5,72'.22

Mother Isl - 48:1 3,

48:22,49:7

mothertlel - 18'.20,

19:6,25:1,25'.4,

46:8,46'.9, 47'.1,

47:2,47:3,47:4,

47:5,47:6,48:8,

48:10, 48:16, 48:23,

49:1, 49:4,49'.14

Motion 1r1- 60:13

motion W-20:22,

59:1 1 , 63:1 9, 74:1 6

motions 111 - 74:21

mouth t+t - 12:12,

33:15, 33:16, 39:12

move t3t - 35:12,

39:18,52:1

moves 1r1 - 6:20

MR tgol - 2:3, 2:3, 2'.7,

4:11 , 4:'13, 4:16,

4:20, 5:3,5:6, 5:14,

6:6,6:10, 6'.13,6:22,

7.2, 17:21,22:2,

30:23, 30:25, 31:6,

31:11,34:17,35:12,

35:16,35:24,36'.2,

36:14,36:22,36:24,

37:10, 37:15, 37:19,

37:25,38'.2,39:1,

39:2, 39:18, 39:21 ,

39:25, 40:3, 43'.14,

43:18, 45:14, 45'.15,

45:24, 46'.4, 46:10,

46:11, 46:13, 46:16,

46:23, 49:19, 49'.23,

50:2, 51:19, 52'.1,

52:4, 52:10, 53:20,

55:6, 55:10, 55:13,

56:9, 56:13, 57:21 ,

57:24,58:1,59:10,

59:19,60:3,61:10,

62:6, 62:13, 63:16,

65:8, 65:10, 65:23,

66:1, 66:4, 66:7,

66: 1 0, 66:1 5, 68:8,

68:10,7Q:2,73'.24,

74:9,74:13,74:25,

75:3

mucosa 111 - 28:8

mucosal p1- 12:11,

29:17,33:18

multiplelrl - 22:15

K

M

L

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 83 of 88
nails t2t - 20:9, 47:17

naked 1r1 - 26:1 3

name16l -7:6, 15:21,

17:'12, 17:14,17'.15

named 1r1 - 15:20

names nl - 70:7

narrative t2l - 23:15,

25:19

nature tsl - 25:3, 56:7,

60:8, 60:9, 73:14

near'1l- 42:'l

necessarily t2l - 41:5,

42:22

necessary 1r1 - 74:5

needlrzl - 5:19, 6:20,

10:13, 20:6, 45:6,

59:2, 60:1 8, 64:1 ,

65:2, 66:5, 73:10,

74:24

needs 1s1 - 17'.17,

66:1 3

negative 121 - 62:14

neonatal lrl - 8:13

never1r1 -1I:18

newt2t - 52:23,52:24

next tst - 9:1 , 24:24,

38:'15, 38:23, 45:18

nice 111 - 5:16

NOrrst - 3:14,70:14,

70'.17,70'.20,70:23,

71:1 ,71'.4,71:7 ,

71:10, 71:13, 7'l:16,

71:19,71:22

nobody 1r1 - 73:6

none 1r1 - 50:8

noon 1r1 - 65:13

normal t1l - 53:12

notationet - 24'.2,

40'.12

noteg-21'.21,

23:17,25:5,25'.8,

40:10

notebooks lal - 5:20,

67:6, 67:16

noted 1zo1 - 20:9,

21:20,22:20,24:19,

27:22,28'.2,28'.21,

29:25, 35:8, 35:10,

38:4, 39:13, 40:7,

4O:8,47:6, 47:7,

52:15,55:20

notesfl- 16:13,

17:17 , 17:20, 19'.8,

25:18, 73:5, 73:6

nothing 1e1 - 53:13,

65:8, 74:9

Novemberlzl -73:20,

74:1

nucleus p1 - 40:17 ,

40:1 8

Numbertrzl -70:'12,

70:15, 70:18, 70:21 ,

70:24,71:2,7'l:5,

71:8, 71 11 , 71:14,

71:17 ,71:20

numberlrol - 11'.24,

14:5, 30:22, 47'.1'1,

48:7,51:23, 56:14,

70:7,70:10

numbered 111 - 69:15

numbers 1e1 - 45:12,

45:18,68:20

nurselel -7:8,7:17,

7:18,7:19,8:10,

9:23, 10:11, 10:15,

20:24

nurses 1r1 - 10:15

nursing 121 - 8:1 , 8:7

nutrition fi - 13:2

o'clocklrrl - 17:4,

17:7,28:21,32:5,

32:24, 36:6, 36:10,

65:2, 65:3, 73:20,

73:25

oaths 1r1- 69:16

OB/GYNs rzt - 15:2,

15:6

object 121 - 29:10,

59:22

objection 14 - 35:17,

36:20, 37:1 0, 39:21 ,

46:10, 46:20, 524

observation 1a1- 22:4,

41:3,41:21

observations t1l -

24:17

observe 121 - 21'.17,

22:9

observed p1- 28:17 ,

28:20,28:24, 30:10,

34:9,40:11, 42:4,

43:8,43:11

observing p1- 28:22,

29:3

occurred 1+1 - 44:17,

44:25, 51:9, 52:24

Octoberla; - 1:11,

9:16, 17:9,69:20

OF 1s1 - 1 :1 , 1:2, 1:3,

1:16

offense |zt - 60:9,

73:15

offhand 1r1 - 15:20

ofliceg-74:23

oftentsl - 11:18, 19:3,

22:13, 22:25,34:10

old 1a; - 1B:13, 19:4,

22:5

Olson's yt1- 74:23

omitting 111- 69:13

once t2t - 64:24,68:13

one [33] - 4'.10,9:25,

13:2, 13:3, 19:'10,

22:15,24:11,26:8,

28:12, 33:16, 33:'17,

34:22,41:17, 43:3,

46:25, 47:2, 48:17,

51:7, 53:17, 55:15,

56:1, 56:2, 64:20,

64:21 ,64.22,66:19,

67:25, 681 ,72:7,

72:22,73:8,73:23

ongoing fi - 12:2

onsetg - 52:24

opentlrl -26:20,

27:16, 27 .25,29:18,

29:19, 40:17, 40'.19,

40:22, 40:25, 41:10,

67:6

opened 111 - 40:15

opinion t:: - 18:',l0,

45.1,60.12

opportunity I2l - 61 :6,

61 :9

opposed 1s1 - 15:5,

15.7 ,23 19

oral g - 74:15

orderlal - 10:23,

11:20,33:22, 51:8

ordered p1 - 74:3,

74:6

organ 11l - 31:20

ouch {11 - 27:8

outerg - 29:22

output 111 - 54:21

outside 1uo1 - 4:1 ,

13:19, 13:23, 14'.7,

21:18, 29:21 , 32:1,

32'.2,33:11 ,33:14,

33:17,36:17 , 44:24,

46:17, 50:8, 53:23,

55:21,59:6,65:14,

73:12

own t1l- 44:1

package tr: - 66:19

PAGElel -34,3:14

page 1el - 36:8, 38:24,

45:7,45.10, 45:12,

45'.18, 45:23, 467

pages I1l - 76:8

pain y; - 25:18,26:4,

26:25,27:4, 27:10,

44:6, 49:9

painful tzt - 22:17,

27:9

panties 1t1 - 20:11

pants til - 42:8

paperuvork 1e1 - 15:16,

15:18,'16:6

paraphrasing 111 -

49:14

paren t3l - 47:'19,

47.20, 47:23

parens 11l - 47:19

parent 1s1 - '19:5,

21:10,52:18

parenthesis 121 - 20:9,

20:15

parroting 1a1 - 21:5,

21:6, 21:15, 21:17

part t17l - 8:22, 9:21 ,

9:24, '11'.1, 12:9,

14:14, 16:4, 18:3,

19:17,28:12,34'.25,

39:10, 4O:7, 54:7,

59:22,67:4,72:7

parlicular g1 - 7'.12,

23.14,26:9,26:24,

30:1 1, 36:20, 58:25

particularly g - 72:12

parts t6l - 18:4,22'.14,

31:16, 31:17, 33:11,

35:7

pass t2l - 67:7,67:10

pathological 111 - 13:3

patientlrsl - 7:20,

7:25,'11:12, 13:3,

13:17, 19:13, 19:14,

19:17,21:25,22:15,

23:13,25:2Q,27:15,

30:7, 5'l'.1,51:4,

51 :1 '1 

, 53:8

patients tsl -'14:18,

21:1 , 50'.21, 50:23,

51 .11

PAUL 111 - 2:7

pediatric t3l - 7:15,

8:12,10:10

pediatrics tzt - 10:9,

10.12

pee I5l - 20:10,20:18,

20:19, 47:17, 47:24

pending g - 73:17

penetrate 121 - 33:22,

34:5

penetration tsl -

33 19,34'.11,34:12,

52.25, 592'l , 59:25,

60:10,60:12

penis t3l - 3'l:20,

59.21 , 59:23

peoplet4l- 11:19,

72:4,72:9,72'.10

per1rl - 46:8

percent t11 - 12:5

perform tol - 9:1 5,

10:16, 13:7, '17:8,

18:16,25:14

performed p1 - 14:21,

18:16,25:9,27'.19

performing lzl -

25:15,72:22

perhaps 1r1 - 19:5

period 111 - 14:7

permission 1s1 -

15:22, 16'.'11,2O:7,

21:22,30'.19,31:6,

34:15, 37:15, 39:25

perpetratelrl - 11:19

perpetrators 1r1 -

34:11

person g- 17:12

personal 1r1 - 12:4

personally 1a1 - 8:1 9,

8:23,9:13,72:15

personnel 1r1 - 60:11

Phoenixtsl - 15:15,

16:14,,l6:16

phone 111 - 68:19

photograph tgt - 54:4,

54:5,57:18

photographs 111 -

54:'16

physical 1s1 - 10:3,

11:25, 19:9,23:10,

25.6,25:14,25:'15,

39:13,53:14

physically 111 - 54:17

pick 121 - 50'.25,57:20

picked 1zy - 21'.11,

64:7

picture 1s; - '18:7,

41:24,57:4, 57'.10,

57:1 1

pieces t11 - 35:7

PINALIrl - 1:2

Pinal t2t - 2'.4,72:21

pink 111 - 33:18

placelal - 13:18,

26:17, 40:21, 42'.2

placed lzt - 27'.24,

47:23

Plaintiff 111 - 1:4

plaintiffs 111 - 9:10

plan 111 - 64:2'l

play t2t - 14:17, 53'.12

plays 111 - 44:16

point 1ea; - 5:15,

17:16, 18:24,22:'16,

22:19,22:24,23:8,

26:9,27:2,28'.22,

28:24,32:4. 35:16.

N

o

P

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 84 of 88
41:7 , 42:11, 42:13,

47:2,56:14, 57:12,

59:18,61:'12,63:'17,

63:19

pointed t3l - 17:4,

20j&22:20

pointingt6l -20:'15,

20:21,22:8,26:4,

43:22,60:3

points 101 - 20:9,

20:10, 47:17 , 48'.1,

48:2,48:3

polished 111 - 24:19

polled 111 - 70:1

polling p1 - 70:4

portion 1+1 - 17:6,

23:13, 33:9, 33:1 1

position 1+y - 32:6,

32:24, 36:6, 36:10

positive tll - 27:25

possibilities 1r1 -

50:11

possibility 111 - 44:5

possible 1a1 - 34:4,

44:2,45'.3, 52'.12

possibly 1a1 - 25:13,

41:4,50:15

posteriorl2l -27'.23,

32:8

potty 11t - 42:16

practical n- 58'.22

practice 111 - 16:4

pre1r1- 74:5

pre-sentence 1il -

74:5

prelerg-74:17

preliminary 1e1 -

63:25,67'.7,67'.14

Prepared 61 - 1:21

preparing g- 46'.24

preponderance 1+1 -

11:8,'11:23, 12:3,

13:10

prepubescent 1s1 -

12:8,31:'18,32'.14,

34:1, 34:8

presence lr2l - 4:2,

5:24,6:1 , 59:7,

63:1 0, 63: 1 2, 65: 1 5,

66:23, 66:25, 68:25,

69:2,73:13

present 1ol - 4:4,9:23,

9:24, 52:21,61'.4,

65'.',t7

presentation t31 -

24:12,63:23,64'.11

presented 1r1 - 67:4

pretty tet - 54:1 9,

55:1 ,64'.7

prevent I1l - 15:2

previously 1s1 - 30'.17,

63'.21,73'.16,74'.6,

74:7

probability 1ry- 50:12

probation p1 - 73:22

problems 111 - 52:21

procedural trl - 10:11

procedures 1r1 - 10:12

proceed 121 - 6:5, 6:7

proceedings 1ro1 -

4:1 , 5:23,59:6, 63:9,

65:14,66'.22,68:24,

73:12,75'.8,76:9

PROCEEDINGS lrt1:16

Proceedings 1e1 -

36:17, 46'.17, 53:23

profession 1s1 - 13:7,

50:7,50:10

professional 121 -

13:11, 16:5, 19:16,

45:1 ,50:3,72:7,

75:5

progressed 111 - 8:1

proof 111 - 60:8

prosecution 1s1 -

8:25, 9:5, 9:10

protected p1 - 29:18,

29:20

proved 111 - 59:'13

proven 111 - 59:25

provide 121 - 9:8

providerlrl - 18:20

provides t1l - 7:1 I

providing pt - 8:5,

'10: 1 I

psychiatric 111 - 8:5

puberty fi- 12:17

publish 121- 37:15,

40:1

pull 111- 6:19

pulled 121 - 20:11,

49:1 6

purpose t3l - 36:'1 9,

38:18,59:16

purposes tzl - 30:18,

49:17

pursuant Iil - 59:1 1

push 111- 42:15

pushing ru - 42:18

put I12l - 2O:11,3'l2,

32:13,35:8,37:7,

42:8,49:3, 55:23,

57:16, 67:16, 73'.1 ,

74:18

putting 11 1 - 27:1 3

10:18

qualified 1r1 - 10:16

qualifies g - 7:23

quarterl2l - 60:25,

65:5

Questions trl - 3:8

questions p1- 18:2'l ,

23:14,2315,25'.1,

25:8,35:22,37:2,

49:19, 50.14, 52:11.

54:1,55:5,55:7,

56:11,62:14,65:6

quick 111 - 60:2

quickly 1+1 - 5:1 9,

12:23, 53.22,63'.5

quite 111 - 57:18

quote I8l - 24:4,

47:12,48:5, 48:21,

48:23, 49:4, 49j1Z

49:13

quotes 1+; - 46:6,

46:7,49 4,49:8

ranch 111 - 44:15

random Irt - 64:19

rather g - 23:12

rcH - 25:13, 44:'l ,

63:'l 8

re-ask Irl - 44:1

re-traumatize 111 -

25:13

re-urge Iil - 63:18

reached 111 - 69:5

reacts trt- 40:16

read 1sl - 20:5, 21'.21,

22:18, 47:15,64:1,

66:18, 67:15,67:17,

69:12

reading g- 54:21,

65:1 B

Reading 111 - 68:2

reads 121 - 69:14, 73:6

ready 101 - 6:4, 6:7,

6:8, 51 :1 6, 65:3,

65:17

real 1s; - 5:19, 53:22,

57:3,62:18,63:5

really tzl - 57:11,

74:20

reat n - 42:1

reason t1l - 74:20

reasonable 121 - 53:2,

53:6, 53: 1 0, 59:25,

60:6, 60:8, 69:18

reasons trl - 63:21

recap 111 - 4:9

receive I1l - B:7

received g - 47:5,

66:8

recess I7l - 5:22,6'l'.2,

63:8,65:13,67:1,

68:20,75'.7

recognize 1e1 - 31:12,

34:19,39:5

recoil 1zy - 12:19,27:9

recollecttrl -'15:17

recollection 1st - 16:9,

20:6,57:1

record 1a1 - 4:3, 5:25,

17:18, 45:25, 59:17,

63:11,66:24,69:1

red trl - 32:25

redirecttzt - 49:22,

55:4

Redirectltl - 3:8

REDIRECTIrl - 50:1

reter p1- 17:'17 ,

26:17,31:22,32:4

referred p\- 28t4,

32:7

referring p1- 17:19,

18.21 ,32:21,32:22

reflect 111 - 69:1

refresh t2t - 15:18,

20.6

refreshing 111 - 16:9

region 121 - 12:10,

17:3

registered 121 - 7:8,

8:7

related 121 - 16:22,

16:24

relax trl - 64:8

release 1a1 - 72:1,

73 15,74:7

released g - 72:3

reluctantll- 42:12

rely y1- 47:4

rememberl+1 - 18:3,

1B:4, 58:24,64:12

remembered 1ri -

48:1 9

remind g-73'.4

removal g- 27:12

remove [2] - 26:18,

27:13

removedyl - 27:24

renderlrl - 9:8

repeatedly 111 - 21:9

rephrase 111 - 46:21

reportlzsl - 14:.7,

14 18, 15'.24,',t6:1,

16:8, 17:23, '19'.13,

20 5,21:1,22:18,

30.2,308,34:24,

34:25, 45:5, 46'.11,

46.25, 47:5, 47:6,

47 8,48:18,51'.20,

52:23,74:5

Report 121 - 3:'15,

45.17

reported 1s1 - 'l 3:1 5,

24:14, 53:8,63:7,

68:3

reporterl3l - 36:18,

46:18,53:24

Reporterlzl - 1:22,

76:15

REPORTER'S 111 -

1:16

reporting 1a; - 7:21,

24:24,29'.4

representative 111-

73:22

request |zl - 5:7,

22:23

requesting 1r1 - 74:14

required 1ay -'10'.22,

45:2

researchlrl -11:2

reserve 1r; - 8:8

residual 121 -'14:23,

40:23

resistlzl -24:'12,

24:15

resisting |zl - 24:6,

294

respectfully 111 -

58:1 8

respond 1r1 - 70: l0

responsetsl -22:23,

60:2, 60:4

rest t5l - 4:'12, 5:11,

25:6,61:'l 1,63:17

rested lzl - 61:7,

63:1 4

rests 111 - 58:18

result grl - 52:22

retiretrj - 67:19

retired t2l - 8:8, 68:22

returned 1z; - 68:21,

71:25

revealing 1r1 - 15:10

reviewpl-74'.14

reviewed 1r1 - 66:11

rigid 111 - 32:15

rinsed 111- 55:23

rip1r1- 15:7

role 111 - 73: 18

room Jral - 9:23,

19:10, 19:11,21:10,

25:4, 43:3,48:12,

48:14,64:6,64'.15,

64:24, 65:5, 68: 18,

68:22

rooms 1r1 - 50:20

rope 111 - 30:6

rough 111 - 15:5

R

o

qualification Irl -

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 85 of 88
row t3l - 67:12, 70:8

RPR Iet - 'l',21 

, 76:7 ,

76:1 5

rubbed frt - 44:23

rubbing Irl - 28:9

rug trl - 28:14

ruletsl - 11:15, 13:5,

'14:15,74:19,74:24

Rule lal - 58:8, 59:12,

60:13,63:18

run trl - 'l 'l:21

73'.17,73:18

separate ttl - 32:9

separated lrl - 29:10

series Irl - 24:25

serious 111 - 60:24

serology 111 - 41:19

service 1s; - 8:9,72:4,

72:20

set tet - 57:4, 66:20,

67:11 , 67:18, 73:16,

73'.19,73:20,74:6,

74:7

setting Ir1 - 43:3

seven [2] - 136,67:12

several el-7:10,

46:25

severelrl- 14:2

severity 111 - 13:21

sex Irl - 31 :20

sexual 1sl - 5:9, 10:7,

11'.6, 13:7,16:23,

16:24,59:13, 59:21 ,

60:9

Sexual 121 - 45:17,

69:17

sexually 1r1 - 7:21

shape tzt - 38:16, 57:2

shaped 111 - 56:6

Sharon tzl - 6: 13, 7:6

SHARON t2t - 3:5,

6:23

shearing y1 - 28:12

sheering n - 52:17

short Ist - 5:22,24:'19,

61:2,63:8,67:25

showlrzl - 4:3,5:25,

22:16,23:1,23:3,

23:19,35:2,37:11,

38:4, 38:13, 38:'16,

40:1 4, 61 :3, 63: 1 

,

63:1 1, 65:16, 66:24

showered trt - 25:3

showing l12l - 15122,

24:3,26:2,34:18,

35:5, 38:11, 39:11,

41:12, 43:4, 43:21 ,

55:14,55:22

shown trl - 38:10

shutlrl- 32:13

sick trt - 19:23

side ft - 20:12,235,

46:7, 55:15, 56:23

side-by-side Irl -

55:1 5

sides Iz1 - 28:13,

62:11

signed Irl - 69:20

significance 121 -

10:5,48:18

significantlrl - 13:25

significantly tl - 17:7

signs Ial - 14:16,

15:11,25.5,29:1

similarl+l - 9:25,

'12:1 1 , 33 .13, 47:7

similarly n - 19:21

simply ttt - 70:4

sit t1t - 'l 1:17

site t2l - 17.5,26:20

situation g - 15:7

situations 11- 20:25

sixlrl- 72:18

size tol - 54..2, 54:3,

54:13, 55.17, 55:25,

56:3

skill til - 76:'10

skin t+l - 24 19,28:8,

28:15,52 17

skinned lrt- 28:13

slightly 111 - 33:6

slippery g - 12:13

small tsl - '17:9, 18:19,

32:3, 54.10, 57:13

smallerlr; - 31:17

smooth Itt - 32:17

solution n - 27:12

someone g - 21:12

sometimes H - 21:4,

21:11,27 15, 42:14,

53:25,72.5

somewhere 111-

21 18

soon I2l - 64:7,64:10

sorry llol - 16:1 ,

25:20, 30:25, 33:10,

37:22,39 8,39:9,

41:15,55 4,62:13

sort Irl - 30:2

soundsft-21 .4

Spanish trt - 63:2

speaking p1 - 21:16,

24:20

specialties fi-7:14

specialty t4 - 7:12,

1020

specific 1t1- 26:25,

55:'1 ,59:17

specifically g1- 10:7,

16:16,21 1,27:2

speculatelrl- 51:3

spot trt - 55:20

sprayed g - 40:25

spread 111 - 29:19

square 1r; - 56:25

staff trl - 72:6

stage 121 - 64.22,67:3

stain 1s1 - 41 .15,

41 16, 41:23,41:25,

42:6

stand 111 - 55:1 5

standard 1t1 - 60:4

standing lz1 - 30:14,

33:7

start t3l - 57:9, 65:1,

70:7

started tgl - 51 : 12,

67:7,72:16

starts tll - 44:7

state 1s1 - 6:13, 8:3,

16:1 3

STATE 121 - 1:1, 1:3

State lrol - 2'.2,4:12,

6;4, 6:6, 45:17,

58:17,59:13,59:24,

60:4, 60:7, 61:7,

63:1 3, 65:8, 66:7,

68 7,74:9

State's 1a1 - 4:22,5:7,

58:1 6

statement tsl - 43:23,

47.12, 47:13,47:15,

48.25

statements I2l -

48:13,48:14

States tri - 8:9

states 111 - 47:16

statingltl- 23:19

statisticslrl- 11:24

statutes t1l - 59:1 4

staylzl - 11:3

staying 111 - 33:25

step trl - 53:21

steps t3l - 18:17,

46.25,47:1

stick t2t - 42:12,68:'19

still 1s] - 11:17, 1322,

22:21 ,35:17, 40:25,

46:1 ,55:22,64:12

stop t3l - 24:4,44:6,

47:18

stopped 1r1 - 44:9

story n- 44:12

straddle 121 - 29:6,

29 9, 29:12, 29:14,

29.15,29:23,30:1

straddled 111 - 30:5

straight 111 - 48:25

strctch 111 - 50:8

stretches 111 - 32:'14

stuck 1s; - 20:8,23:20,

26:19,28:1 , 47:16

studies 1s1 - 11:23,

12.1 , 1315

subject 121 - 66:5,

66:1 2

submitted fi - 63:24

subsequentlrl -

52.24

subsequently t2l -

8:6, 49:8

sufficient 111 - 60:6

suggest 121 - 4:21 ,

50:1 9

suggested 61 - 21:3

SUPERIORIrl- 'l:1

superiorlrl - 40:7

support 1+y - 8:12,

8:1 3

surface 1a; - 33:16,

33:17, 52117

surfaces 121 - 28:11,

28:14

surgeries 111 - '18:22

sustained 121 - 36:20,

46:1 9

swab tr1 - 26:23

swabbed 111 - 25:22

swabs trl - 27:7

switching 111- 51:15

sworn Isl - 6:16, 6:1 7,

6:24, 68:5, 69:15

symptoms 121 - 29:1,

29:13

system 0-72:22

s

SANEtzt - 3:15, 3:15

saw tst - 32:23, 37'.1 ,

52:-'14

scalelel -37:1,37'.5,

37:6,37:7,37:8,

37:9, 54'.18, 57:5,

57:8

scarring trl - 14:13

scene trl - 50:25

schedulept - 74:22

scheduled tzl - 4:8,

64'.7

screen n - 31:3,

31:5,37:20,37:24,

38:3,40:4,41:14

screens t1l - 55:1 6

seam t1l - 42:1

seat I3l - 6:19, 34:13,

59:8

seated t2l - 22:22,

38:25

second 101 - 34'.14,

35'.21, 43'.20, 48:22,

56:10,62:11

section 1r1 - 48:22

sedating 111 - 10:12

sedation tr1 - 10:11

see 12el - 12:3, 12:4,

13:20,13:24, 14:6,

'14:16, 14:22,21:12,

24:7,26:'19,26:24,

27:19,29:21,29'.24,

31:18,32:10,32:12,

34:1 0, 36:1 1 , 40:23,

41:1 ,41:8,42:14,

45:2, 45:22, 47:20,

53:22, 59:4,73:23

seeing t+l - 3'l:'17 ,

40:4,42:6,52:13

seemtrl - 21:18

seepage 1r1 - 41:1 1

SEGOVIANO trt - 1:6

send 111 - 65:7

sense 111 - 50:22

sentence t11 - 74:5

sentencing I2l -

T

tablenl- 25:12

tailorlrl - 16:17

talkative g - 21:25

talks 1r1 - 5:'l 1

teach trt - 8:11

teaching 111 - 8:11

tearlrl- 15:5

tearing lal - 14:1,

15:3, 15:4,52:15

technicians 11l -

50:24

technique 111- 34:11

tend t2t - 23:1, 42:25

tenderlal - 12:'17,

12:20, 12:2'l,28:3,

34:1,34:2,34:4,

42:'12

termed n-25'.21

terms 1t1 - 21:9

testified 1e1 - 6:25,

9:2, 9:5, 9:7, 10:8,

24:20

testify 1ra; - 5:1, 9:9,

60:19,61 :11,6'l:15,

61:17 , 61:18, 61:24,

62:3,62:22,62:23,

6225

testifying 1a1 - 16:15,

61:16,62:19

testimony FI - 16:18,

58:6, 58:1 1,60:21

THE trssl - 1:1 ,1:2,

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 86 of 88
10

1:3, 1:13,4:3,4:12,

4:1 4, 4:1 9, 4'.24, 5'.4,

5:10, 5:16, 5:25, 6:8,

6:11, 6:14, 6:18,

17:16, 17:19,21:23,

21:24,3O'.22,30:24,

31 :2, 31 :8, 31 :10,

34:16, 35:15, 35:20,

36:16, 36:19, 36:23,

37:11 , 37'.17 , 37:22,

38:1, 38:25, 39:20,

39:22, 40:2, 43:15,

45:'l'1, 45:22, 45:25,

46:2,46:3,46:'14,

46:19, 49'.21, 51:14,

51:17,51:18,52:3,

52:5,52:6,52:7,

53:21, 53:25, 54:4,

54:12, 54:15, 54:22,

54:25, 55:2, 55:8,

55:'11, 56:10, 57,22,

57:25, 58'.2, 58:4,

58:5, 58:7, 58:8,

58:13,58:15,58:19,

59:8, 59:16, 60:2,

60:5,61:3,61:13,

61:25,62'.1,62:2,

62:4,62:5,62:7,

62'.8,62:9,62:16,

62:20,62:21 ,62:23,

62:24,63:1,63:'11,

63:20, 65:9, 65:1 1 ,

65:16, 65:24, 66:2,

66:5, 66:8, 66:12,

66:16, 66:24, 68:6,

68:9,68:11, 69:1,

69:7, 69:8, 69:13,

69:24,69:25,70:3,

70:12, 7O:15, 7O:18,

70:21,70:24,71:2,

71:5,71:8,7'l:11 ,

71:14, 71:'17 , 71:20,

71:23,73:14,73:25,

74:11 , 74:17 , 75:'1 ,

75:.4

themselves 101 -

42'.25, 43:4, 43:21,

43:22,44:2,44:9

therein 111- 69:14

thinks tzl - 61 :17,

61:19

third 111 - 62:12

THOMAS rrr - 2:3

thousandths lzl -

54:23,55:2

three tst - 13'.6, 54:25,

56:14, 57:'12, 60:10

tightly 121 - 24:3,

29:18

tiny tr1 - 45:18

tissue tzol - 12:11,

12'.13, 12:20, '14:'l,

14'.15, 14'.24, 15:3,

15:4, 15:5, 15:6,

15'.10,26:20,27:16,

27:25,28:12,29:17,

29:23,31:2'l ,32:12,

32:18, 33:17, 33:18,

34:2,40:25

tissues $t - 29117 ,

29:19,29:22, 40:14,

54:1 0

today Ist - 4:10,9:12,

16:18, '19:23, 61:11

Toddn - 58:24,64:9,

65'.2,67:10,68:17,

69:10,73:10

toetrt - 25:16

together Isl - 28:12,

28:14, 33:4, 49:16,

64:14

toluidine p1 - 26:17,

27:11,27:24, 40:13,

40:16, 40:18, 40:19,

55:22

tooktrl - 13:17

top trol - 28:15,31:22,

45:16, 54:8, 55:24,

56:3,56:17,56:21,

67:11,7O:8

touch tsl - 12:21 ,

26:23,27'.7,28:3,

42:23

touched 1s] - 'l 2:1 9,

20:13,27:9

touchingttl - 11:13

tough trl - 12:15

toward Ul- 17:4

tractn - 52:22

trained fi- 12:2

training p1 - 8:2, 9:20,

10:21 , 10:23, 12:2,

24'.5, 42"24, 43:6,

50:10

transcribed tzl - 63:7,

68:4

TRANSCRIPT tr: -

1:16

transcriptlrl - 76:9

transection g - 13:25

transferring 1r; -

42'.19

trauma 101 - 7:15,

'14:2,29:16,39'.13

traumatize hl - 25:13

treat tr I - 50:1 3

treatmentltl - 19:18

tree trt - 30:6

trialfi - 74:2

TR|ALlrl - 1:17

triedrt - 24:1

true Irl - 76:8

truly 1r1- 72:20

tryp1- 11:17,21:12,

23:1 ,23:17 , 25:12,

50:24

Tucson g-7:11

turn til - 33:'1 5

turned Irl - 72:1 8

turning 1r1 - 55:8

turtlenecktrt - 32:'13

TVtrt - 55:8

two tal - 28:11,28:14,

32:8, 33:4, 33:11,

37:1, 60:'1 1, 73:9

type tzl - 18:22,40:24

types t1l - 8:16

uncomfortable 111-

42:17

unconscious 1t; -

50:23

under 1a] - 21 .20,

44:18, 46:5, 48:7,

59:1 9, 59:20, 69:1 9

undergarments 121 -

41:8,41:25

underlying 111- 28:16

underneath 111 -

31 21

underpants tq - 42:2,

42:7,42:15, 42:'19,

42:20

understood Ir I -

43:25

underwear 1+1 - 41:20,

44'.23,44:24

undress 1t1- 25.11

United trl- 8 B

unless f:t - 29:18,

74:19

unliketrl -11:16

unquote 111 - 24:4

unusual 1r1- 2B:10

upt34l - 5:8,6:19,

2'l:11 , 24:4, 25:'11 ,

28:23,29:1t),30:15,

31:2,31:8,31:16,

33:7,35:3,36:16,

37:23,4O:15,40:17,

41:10,42:15,44:23,

46.14, 53"22, 55:5,

55'.6,55.22, 56:'14,

57:20, 59:4, 63:4,

63:24, 64:6, 64:8,

64:9, 73:3

upperl2l - 36:7,45:16

uptake 1:1 - 27.25,

55:20,55:2'l

urethratrl - 32:19

urge trl - 63:1 8

urinary nl- 52:21

urinated H - 25:2,

27:11

urineltl - 32:19

utilizing ll - 34:11

vacated H - 72:2,

73:16,74:6,74:7

vaginal 1s1 - 17:3,

32:11,32:'18

valuetrl - 13:'13

verbal lal - 19:9,

25:10,53:14

verbalized 1r1 - 27:10

Verdicttrt - 60:14

verdict 1zr1 - 67:20,

68:20, 69:5, 69:9,

69:'12, 69:14, 69:23,

70:6, 70:13, 70:16,

7O:19,70:22,70:25,

71:3,71:6,71:9,

71:12, 71:15, 71:18,

71:21,71:25

verify 111 - 57:18

vertical trt - 36: l 'l

victim 1zl - 5:9, 69:19

viewing lzl - 41:5,

57 'l

vinegaryl- 27:14

visualization 111-

26:12

vital 1t1 - 25:5

voided 111 - 25:2

Voir 111 - 3:6

voirlal - 35:18,35:22,

36:21 ,63:25

VO|Rrrt - 36:1

vs trl - 1:5

vulva 1tz1 - '17:3,26:6,

30:12, 31:14, 33:8,

33: 1 0, 33:1 9, 33:22,

59:22, 59:23,60:1,

6O:12

M-L-H-E-L-Mjtrt -

17:15

wait tgi - 26:18, 60:21 ,

64:24

waiting A-25:4,

67:24

wanderlsl - 5:18,

64:25,65:4

wants 11l - 74:15

wash trl - 40:22

washed 1r1 - 41:1

weektzl -72'.16,

72:'17

WELCH tzt - 3:5, 6:23

Welch fl - 6:'13, 7:6,

36:3,37:20,43:14,

50:3, 55:14

welcome 1+1 - 6:3,

65:1,67'.2,74'.'18

WELLNER lsl - 1 :21 ,

76:7 ,76:15

what'll 111 - 64:16

WHEELER 111 - 73:24

widerlrl- 56:5

width frt - 55:17

wigglelrl -11:18

WLHELMI trt - 17:14

windowlzl - 13:19,

13:23

wings I5l - 31 :18,

31'.23,32'.1,32'.4,

32:9

wiped 1r1 - 25:3

wire 1+1 - 44:19,52'.13,

52'.14,53'.3

Wisconsin 111- 8:3

wisht2l -61:16,72:4

WTNESS 1ra1 - 3:4,

17:19, 21:24, 31:10,

46:2,52:6,54:4,

54:15, 54:25, 58:4,

58:7, 58:13, 76:12

Witness lrl - 58:14

witness |rzl - 4:10,

6:17,6:24,8:25, 9:7,

9:9, 17:17,31:4,

36:23, 45113, 57:23,

58:1 0

witnesses 121 - 58:16,

5817

word tsl - '11:22,21:6,

30:1 4

words 1e1 - 20!19,

23:24, 44:23, 47:25

wounds 111 - 13:4

writetsl -23:2,74:5

writerlrl- 27:6

writing t4t - 47:21 ,

47:23,74:15,74:'18

wrote 121 - 47:6, 49:16

yeatpt- 19:4,22:5

years t6l - 8:9, 14:18,

18:13, 43:2, 43:6,

69:1 9

youngt2l - 11:19,

44:15

V

U

W

Y

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 87 of 88
yourself t2l - 7:5, 59:3

zoom 1r1 - 38:7

Case 2:15-cv-02064-DLR Document 82-6 Filed 05/16/19 Page 88 of 88