EXHIBIT B

Case 2:15-cv-02064-DLR Document 82-2 Filed 05/16/19 Page 1 of 23
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF PTNAL

THE STATE OF ARIZONA, 2 cA-cR 20L4-0034

Plainti ff, No. CR201l-03026

-VS -

FERNANDO SEGOVIANO ALMANZA,

Defendant.

Florence, Ar:-zona

Oc tober 1- , 20l-3

8:46 a.m.

BEFORE: The Honorable Boyd T. Johnson,

Judge of the Superior Court.

REPORTER'S TRANSCRIPT OF PROCEEDINGS

SUPPLEMENTAL RECORD

JURY TRIAL, DAY 2

(Opening Statement,s )

( coPY )

PREPARED FOR:

Arizona Attorney General

Criminal Appeals Section

REPORTED BY:

Jacquelyn A. A11en, RpR

AZ Certif ied Reporter No. 501-51 t

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INDEX

State's Opening Stat.ement

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Defendant's Opening Statement L9

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Case 2:15-cv-02064-DLR Document 82-2 Filed 05/16/19 Page 3 of 23
APPEARANCES

On Behalf of t.he State:

PINAL COUNTY ATTORNEY'S OFFTCE By: Matthew Long, Deputy County

Bureau Chief

Major Offenders Bureau

Thomas Kohler, Deputy County P. O. Box 887

Florence, Arizona 85132

At t o rney

At torney

On Behalf of the Defendant:

COOPER & RUETER , L. L. P.

By: paul Green

P. O. Box 15005

Casa Grande, Arizorta 85130-5005

ALSO PRESENT:

Detective Randy Snyder Patrick Cote, Defense Laura Anderson, Court Sabine Michael, Court

, Plaintiff's Case Agent

f nves tigat.or fnt erpre t er Interpreter

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Case 2:15-cv-02064-DLR Document 82-2 Filed 05/16/19 Page 4 of 23
Florence, Arizona

September 30, 2013

8:48 a.m.

REPORTER'S TRANSCRIPT OF PROCEEDINGS

(Proceedings occurred prior to opening

st.atements which were reported and previously

transcribed. The following proceedings were held in

open court with the presence of the jury and Laura

Anderson, court interpreter. )

STATEIS OPENING STATEMENT

MR. LONG: The Def endant' s a hunt.er, but

not a regular hunter. Oh, he's a poacher. A poacher

who already had his prey selected. what he searched

for, this poacher, was the right time, p1ace, and manner

where he could snatch up his prey. His prey was

A-year-old Ada, and the day he chose was Oct.ober 22nd",

20LL, when he lured A-year-o1d Ada to a hidden, isolat.ed

place where he forced his finger into her vagina.

He picked this hidden place so t.hat if she

ever t.oId, it would be his word against t.he word of a

chi1d. He controlled everything so that she wouldn,t

believe, be believed, and so he could get away. But

there's one thing he couldn't control. He coul_dn,t,

control Ada's body and the truth that it would telr when

he scrat.ched the inside of her vulva with his f inger.

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And now the Defendant's going to ask you to

ignore that medical evidence, to ignore the truth t.hat

her body telIs, and to believe that she made it up or

was convinced to lie about what happened. At. the end of

this tri-a1, ladies and gent.lemen, your verdict will

decide which one t.hat is.

This poacher was able to select his prey,

was able to find that littIe girl because he had access

t.o her. And he had access to her because he worked on a

ranch, a ranch near Dudleyville, and this is the Double

Check Ranch, a cattle ranch that puts food on our

community's tab1e.

And Ada's mot.her, Kdthryn euinn, worked on

this ranch as head butcher and as the manag,er of the

packing house, and as a result of that job, she was

given a home on this property. And she spent. most of

her time, hours and hours a d.y, working in this

building right here, the cut.ting house, where she worked

as a butcher cutting up the animals and grinding meat

and doing what's necessary to provide food on our

community's tab1e.

And the Defendant was a ranch hand. Worked

fixing fences and doing various things. Kind of a

part-time employee. But as a resu]t of his work there,

trust.ed Lo work, trusted to do the job as an employee,

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he was also trust.ed to be around Kathryn euinn's f ami1y,

which incl-udes Ada, her older brother, Jack, and her

younger brother, Ar1o. And the Defendant. did have

access to these kids.

fn fact, these kids, who 1oved to work on

the ranch, liked to play there. They had a yard and a

swing set, but they also had access to the animals.

They had chores, and one of those chores included taking

care of some pigs that Ada's mom had. And Lhe pigs were

back here, kind of t.ucked back behind the ranch.

And the Defendant also helped out with

those pigs at times, so he knew Lhe 1ay of the land and

he knew what t.his setup was. And he knew that those

kids, Ada, had one pig in particular she loved Tinker

Bell, a larger black pig and that she liked to go

feed the pigs, liked to help her brother feed the pigs,

waLer t.he pigs. Although she was too young t.o rearry do

anything about it or to help out with the chores, she

liked to be around them.

And t.he Defendant, put it t.his away, having

already selected his prey, realizing that. this would be

a good place to strike the pig area is very isolated

with these mesquite trees, and you can see some of the

vi ews tha t i f you ' re l ooking towards t.here , how hi dden

and isorat.ed it would be. This poacher, able to set

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this trap, isolated his prey from her family and those

Lhat protect.

So he looked for the day and the time. And

that day came on october 22nd, 2o!1-, when he convinced

Ada to go over to the pigs, to look at the pigs. And

she did. She was wearing a flowered pink dress, or

pink, green, and white dress, and t.hat's what she was

playing in that day. Maybe it was the dressi maybe it

was something e1se. The Defendant decided this is the

day I can strike.

So he convinces Ada to leave the protect.ion

of her home and that front yard, knowing that her mother

would be busy for hours in that cutting house working

away. He would only need to contend to isolate her from

her older brother, ,Jack, because Jack was there with the

pigs as we11. It was his job to take care of the pigs,

alt.hough the Def endant would help him at. times 1i f t

things, water the pigs, do other things. But Jack was

there.

And this is the path that, they'd take in

order to get to the pigpen area. They'd walk through

this corral area, dcross some fences, have to navigat.e

through t.his corral, and would come Lo this qate here.

And that's how t.hese kids, and Jack in part.icular, would

go when he'd take Lhe f ood with his little wagon, 50

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pounds or 25 pounds of food, to head over to t.he pigs,

to open that. gat.e, and then stand a good distance, many,

many/ many yards until you got to the pigpens. And this

is a view inside the gate of those pens, the location,

the place where this man snatched up his prey.

But Jack was there. And the Defendant

convinces him, you know, go get some t.reats for the

kids. He knows where those are, and those were on the

other side of the house or over where the house and the

packing area was. So ,Jack, willing to do that, not

thinking anything about it, not. him having already,

that. is, the Defendant, gained the trust of this family,

of '.lack and Ada, as a worker.

.Iack goes and he gets the treat,s, and

that's the opportunity. The Defendant controlled

things, a smaI1 window, knowing ,Jack woul_d be back,

knowing Jack was just. there, knowing t.hat if Ada tord,

no one would believe that he did this because.lack was

there or nearby. Craf t.y like a f ox.

But that gave the opportunity he needed for

Jack to walk back through t.hat area, through t.he corral,

through t.hose gates, to f ind the treats f or the pigs, to

come back. And in that moment, the Defendant took that

opportunity and finally completed his hunt. by pulting

down her underwear and forcing his finger into her

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vagr_na.

At some point. .Tack comes back and the

Defendant stops. And Ada's now left. there a1one,

isolated, confused as to what happened. And the

Defendant, like a fox in a henhouse, disappears, because

around t.hat time was the end of his shi f t . And he , s

gone, convinced that if Ada te11s, it. will be his word

against. the word of a child.

And these are the mesquite trees, the

i-solation and cover, and this is the trap that was set

and t.he place where Ada was at.tacked and the place where

t.he Defendant left his mark, both emoLionally and

physically.

Ada goes back with her brother, again

processing what happened, not as a 4-year-o1d, not.

understanding what this means, but t.er1s her brother

something . And her brother te11s her, you need to t.e1l

mom. And eventually she does.

She goes into mom while she's workj_ng,

distracted, doing her job, and she says something,

talking about the Defendant's fingernairs and how sharp

they are. Mom's confused, asks her to crarify. And she

demonstrates what he did, talking about how he scratched

her. PoIice are ca11ed, an investigation begins.

But how do you investigate, how do you

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prove something that happened when the person pranned it

t.o get away, leaving no evidence? We1l, ds with a f ox

in a henhouse, sometimes the best evidence is the

evidence 1eft. behind by that. fox, feathers, claw marks.

The Defendant left his own claw mark on this littre

gir1.

It wasn't discovered right away. Mom takes

Ada to t.he police. Police are caIled, and they start an

investigation. Whi-1e she, s waiting to be Lalked to,

while Ada's waiting, she has to go t.o the bathroom. Mom

takes her to the bathroom. Ada talks about that i_t

burns when she pees. And that's when mom discovers that

the Defendant 1eft his mark. And Ada's body told the

trut.h, the same truth that she t.o1d: Fernando stuck his

finger in me and he scratched me.

They find blood on Ada,s und.erwear. But

these officers, these investigators, don't just sdy,

We11, Lhat's it, we're done. They 1ook, and t.hey think,

well, what else could have caused this injury? And they

look at the underwear. And there,s something

significant, not about what's there, but. about what's

not there.

And what they see is that there's no rips

or Lears. I mean, af ter all, this is a ]it.t]e girl who

walks around a ranch that has fencing and barbed-wire,

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but they observe that wit.hout any damage to the

underwear, no rips, tears, the injury bypassed that

underwear. ft bypassed it. exactly how Ada said it did,

t.he Def endant pu11ed her underwear down and stuck his

finger in her.

With this information, Ada is taken to a

medical exam. Now, she's injured. She needs to be

treated. And they go to the Tucson Medical Center and

speak to Dr. Klein. As part of the diagnosis and as

part of treatment, they talk to Ada. And Ada tel1s

them that is, Dr. Klein Fernando asked me if I

wanted to go check the pigs with him. When we went t.o

check the pigs, he pu11ed my panties down and he was

kissing me. He put his fingers inside ffie, and his

fingernails are so sharp that they scratched me. Very

c1ear, very precise, a sensory experience.

Dr . Klein observes her mos t sensi t.ive areas

and sees a superficial abrasion. An abrasion. Not a

cut, not a Lear, not. a laceration, drr abrasion. And

it's at. the base of the left labia minora or inside the

vulva. Dr. Klein, who doesn't have the same training to

deal with kids and victims of sexual abuse, sends her to

a Sexual Assault Nurse Examiner, Sharon WeIch.

Sharon Welch also speaks to Ada as a

Lreating medical personnel and gets some informat.ion.

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And Ada very candidly te1ls the woman t.hat Fernando

stuck his fingers and his nails in me where f go pee

from. He told me to get on his 1rp, he pu11ed my

panties down, then he put his f ingers i_nside me. He

kissed me on the side of my check. He touched my butt,

too. Same concepts/ same description, but differenL

words. The words of a child relating what she

experienced.

Nurse Wel-ch also examines her and takes

some photos as well that are cal1ed colposcope pictures,

and you'11 hear about those. And that it's a

medical it's a medical instrument that takes

pictures, in this case of victims of sexual abuse and

the genital area. And she takes t.hose pict.ures. But.

she observes an injury, observes an abrasion.

Now, Dr. Klein and Nurse Welch offer an

opinion based on this, based on their observations, and

they say this is consistent with a finger, and it,s

exactly what you would expect given what thi-s little

girl said. Her body is telling the truth that her mout.h

already spoke, and these two medical professionals

confirm it.

These doctors offer other opinions and tell

these detectives. But could it have been caused by

something else? What about barbed-wire? They sdy, This

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is not a barbed-wire injury. There was no other

injuries on her, her underwear wasn't damaged, and. this

is an abrasion, this isn't a cut. There's no bruising

or anything else outside of on the outside of her

body or Lhe outside of her vu1va. This is a f rict.ion

injury consistent with a finger.

With this information the detec

get the Defendant's story. They contact him

speak with him. And you'11 have an opport.uni

about that int.ervi ew . You ' 11 hear t.hat Mr .

Defendant,, although a Spanish speaker and that

primary language, speaks English, understands

and speaks English.

Eives go and

and they

t.y to hear

the

's his

Engl i sh

And as the detectives speak wj-th him, he

answers them. He responds in English. And they ask him

about what happened the day before. And at times they

do use a Spanish interpreter, and we're not saying he,s

the best English speaker, but he certainly understood.,

based on his answers.

And Detective Snyder speaks with him,

knowing that this information is there, knowing that

Ada's body spoke the truth and revealed the truth that

Ada told. And he confronts him and says, you know what?

Te11 me about what happened yesterday.

And the Def endant says, Nothing. Not.hing

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happened.

They ask him who he knows, and he says, I

know Pablo, known as paul . He's the owner.

He says he doesn't know the 1it.tle girl's

name when he's asked about the 1itt1e gir1, but

acknowledges t.here was a litt1e gir1. But t.hen he

changes a 1itt1e bit and says, you know, r di-d see the

lit.tle girl over by the pigs. Focuses in on where he

saw her, acknowledging he was alone with her, just as

Ada said.

And he's asked, Well, did you ever touch

her ?

He said, No, I never touched her. Never

puL my hands on her.

Detective pushes him a litt.l-e bit and says,

Not sure that. r believe you. She says you touched her.

Wel-I, I may have. I may have. I may have

touched her, I may have picked her up.

He says, Oh. Continues on and pushes him.

And the detectives do something. They

t.ell they give a ruse and te11 the Def endant, we11,

you know, your DNA, your skin was found on her. It

wasn't, and it wasn't expected to be, because the

officers, when they take him in and they speak to him,

they look at his hands and they notice that t.hey're

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clean. Having worked on the f arm earlier t.hat day or

I'm sorry early the day before, he washed his hands a

number of times.

And you can see this from the videos that.

these aren't the hands of somebody who just got done

working on fences and working with pigs. And they see

that and they know that obtaining DNA is going to be

very/ very unlikely given hi-s the f acL that he washed

his hands. But they tel1 him anyway, you know, your DNA

is on her. Your skin ce1ls are on her.

And t.hat's when he changes his story. And

he says, We1l, I might have picked her up. I might have

put her on my lap. Telling a little truth, because Ada

said, He put me on his 1ap. He doesn't know that, buL

he confirms what Ada said.

And then pushed a li t. t l_ e more , the

Defendant says, Wel1, I might have kissed her on the

cheek exactly as Ada said but that's it. No ot.her

touching, nothing e1se.

They ask him if he might have slipped or

put his finger up in near her vagina, and he says,

Absolutely not. And then he chanqes a litt.le bit and

says , A11 right , I might have t.ouched her butt . I miqht.

have picked her up and cupped her butt. But that's it,

nothing more. Agai-n, exactly as Ada said, H€ touched my

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butt, too. And the Defendant, with his own words,

conf irms it, but ultimately den j-es putting his f inger in

her, despj-te the trut.h that her body revealed.

Although his hands had been washed, Lhe

det.ective's attempt to get scrapings f rom his nails and

take his fingernails to see if Ada's DNA the skin had

been somehow on his hands, knowing t.hat t.he way DNA

works, how volatile it is, especially skin ceI1s, t.hat

that was unlikely since he had washed his hands. But

t.hey take it, as good investigators do. And as

expected, Ada's skin cells aren't on his hands, given

the fact that he's already washed them.

But this isn't the last statement that the

Def endant. makes. The Def endant meets a man named .Tohn

Boggs. And John Boggs is in jail, and he's in jail for

a domestic problem he had with his wife. And John Boggs

speaks Spanish and is in the same pod, the same area as

the Defendant, and he helps the Defendant. And he helps

him because he believes him. He believes he was wrongly

accused and he's in there and he shouldn't be. And so

he helps him write letters, helps him do some writirg,

talks to him in Spanish.

But then he's surprised when the Defendant.

finally tel1s him, I don'L understand why they're

charging me with having sex with her. A11 I did is put

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my f inger in her to about t.he f i_rst knuckle.

That's when .lohn Boggs steps back and says,

I'm going to te11 what he said, because you don,t do

this to kids.

He te11s John other things, that he

would wanted to date Ada's mom, that Ada's mom kind

of rebuffed him, turned him down, but repeatedly says

that. he puts his finger just to the knuckle. says that.

he's worried about DNA, worried about that coming back,

even though he washed his hands. Admits to John that he

washed his hands and he's worried about that, but he's

sti11 confused. why are they charging me with having

sex with her when all I did was put my finger in her,

confirming once again the truth that Ada's body

revealed.

fnvestigators want to be sure about t.he

evidence, be sure about what they have, and so they take

these colposcope pict,ures r spoke about that Sharon

welch t.ook, and they sent them independently to a nurse

practiti-oner who's got a specialization in dealing with

injuries and children of that have suffered physical

and sexual abuse. And .lackie Hess is that nurse

practit.ioner. And she looked at. just, the photos, knows

nothing about this case but the photos, and

independently says, This is a friction injury. This is

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an abrasion.

this.

f think a finger or a penis would cause

barbed-wi re ?

Said, Wel1, wait a minute. What about

And she was asked by the detectives.

And she said, No, that's not that type of

injury and there's no other injuries outside,

confirming, again, the truth that Ada's body tel1s, that.

Ada hersel-f had already told, that the Defendant was a

poacher and she his prey, that he set it up so it would

be her word against hi-s, controlling everything so he

could get away, not expecting the mark he left behind.

A11 these t.hree doctors confirm what Ada

had already t.o1d.

Ladies and gentlemen, dt t.he end of thi s

trial I'm going to ask you to find the Defendant is a

poacher, to find that Ada was his prey, that. he searched

for the time, p1ace, and manner where he could snatch

her up. He did it so no one would know what he did, so

he could get away.

And now he' s going t.o ask you to ignore the

trut,h that her body tel1s and to believe that she made

it. up or was convinced to make it up and try to explain

that injury in a way that j-sn't supported by the facts

or t.he science. And later, at the end of this tria1,

your verdict will decide which one it is.

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THE

Mr.

opening s t.atement

MR.

THE

COURT: Thank you, Mr. Long.

Green, would you like to make an

at. this time?

GREEN: I would, Your Honor.

COURT: A11 right, sir.

DETENDANTIS OPENING STATEMENT

MR. GREEN: f want to thank you again for

being here and for taking this as seriously as you do.

This is an important trial. The evidence

that the stat.e talks about, some of it exisLs, some of

it. is questionable, and none of it is absolutely

def init.ive of what happened in this case. you,re going

to have t.o decide based on what you hear whether or not.

the little girl is telling the truth and whether or not

this actually happened.

The St.ate is saying that Ada,s stat.ements

are corroborated by physical evidence of an i_njury

that.'s located aL the lower end of the inside the

vulva but inside the rabia but under the vulva of her

vagina. rt's an abrasion, a friction injury, drr injury

that happens when two things rub together. The doctors

are going to say t.hat this is consistent, with a finger

or a fingernail, but. it. can also be consistent with so

many other things that that evidence arone cannot

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possibly convict, my client.

My client was a hard worker. He worked on

the ranch. He was at the ranch for approximatery six

months prior to this additional family joining the

ranch. He worked for Pau1, he did not. work for Katie.

when Kati-e and her family came t.o the ranch, she st.arted

working there, Lhen eventually moved her family into

that mobile home that the State showed you in t.he

pi c tures .

And she lived there on the ranch with her

two children. And her two children, while she was

workirg, were playing would play around the ranch.

They would run around, go see the animals, climb the

fences, play on the there's a cattle trailer there

f or transporting cat,t1e. They would play on that.

There were all kinds of ways that a child could get

injured on this ranch.

(The proceedings resumed with the presence

of Sabine Michael, court interpreter.)

MR. GREEN: Now, there's blood in her

underwear, the underwear that she was wearing on the day

in question. The question is, did that come from an

injury that was incurred by my client , or did t.hat. come

from some other injury that had happened either earrier

in the day or later in the day or whatever? There,s no

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evidence that ties the two together. It's all

circumstantial. rt matches in some ways, it d.oesn,t

match in other ways, and you are going to have to decide

what. those ways are.

It's the Stat,e's burden to prove t.hat my

client is guilty; it's not my client's duty to prove

that he's not. The State,s going to put on a 1ot of

evidence. r'm going to put on very little evidence, and

the reason for that is because it's the state's burden

to prove this.

So all- f can ask at this point is t.hat you

look caref u11y at the evj-dence. The statements made by

Mr. Long are not evidence, nor are the statemenLs that

r,m making right now. The evidence will be presented to

you by witnesses, by physical objects, and you'11 have

to determine based on that, not based on the statemenLs

that we make.

A11 I'm asking is that you give my client

the constitutional right that he has to be presumed

innocent until the St.ate proves him guilty.

(Further proceedings were reported and

previously transcribed. )

---o0o---

Case 2:15-cv-02064-DLR Document 82-2 Filed 05/16/19 Page 22 of 23
))

CERTIFTCATE

I, Jacquelyn A. A11en, RpR, a Certified

Reporter in the State of Arizona, do hereby certify t.hat

the f oregoing pages 1 - 2L constitute a f u11, t.rue, and

accurate transcript of the proceedings had in the

foregoing matter, all done to the best of my skil1 and

ability.

SfcNED and dated this 22nd day of Apri1,

201,4.

.JACQUELYN A. ALLEN, RPR Certified Reporter No. 50151 For the State of Arizona

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