HHHEBET E

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 1 of 124
]N THE SUPERIOR COURT

IN AND FOR THE

THE STATE OE ARIZONA,

Pl-aintiff,

vs.

Prepared for AppeaI by:

MTCHELLE L. WELLNER, CR, RPR

Certified Court Reporter #507 42

OF THE STATE OF ARIZONA

COUNTY OF PINAL

No. CR201]-03026

Appeal No.

FERNANDO SEGOVIANO ALMANZA, 2 CA-CR 201,4-0034

De fendant

El-orence, Ar j- zona

October 3, 2013

8:34 a.m.

BEFORE: THE HONORABLE BOYD T. JOHNSON, JUDGE

REPORTERIS TRANSCRIPT OE PROCEEDINGS

JURY TRIAL DAY 4

fr coPy

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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

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INDEX

TESTIMONY

WI TNES S

NIKOME PETRIN

Direct Examj-nation by Mr. Kohl_er

Cross-Examination by Mr. Green

PEGGY TOPOREK

Direct Examination by Mr. Long

Cross-Examination by Mr. Green

Redirect Examination by Mr. Long

JACKIE HESS

Direct Examination by Mr. Long

Cross-Examj-nation by Mr. Green

Redirect Examination by Mr. Long

PAGE

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38

59

65

73

97

103

EXHIBITS ADMITTED ]NTO EVIDENCE

NO. DE SCRI PT ION

NO EXHIB]TS ADMITTED INTO EVIDENCE

PAGE

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1 (The following proceedings were had outside

2 the presence and hearing of the jury.)

3 THE COURT: Have the record show the

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

5 Jury is not here yet.

6 And this is the time I like to start each

7 morning so we can talk before the jury gets here. The one

8 issue I think we ended talked about briefly at the end

9 of the day was the playing of the recording of the

10 forensic interview of Ada. Mr. Long wanted to play it,

11 the defense objected. I already made a record and said it

72 coul-d be played.

13 Mr. Long, have you decided what your timing

L4 is? You want to play that first?

15 MR. LONG: Yes, sir. That was going to be

L6 our request, is that we start with playing the video and

ti then get into witnesses.

18 THE COURT: Okay. And you tol-d me that

79 that's, what, like 45 minutes or so?

20 MR. LONG: I bel-ieve it ' s less than that .

2l There are small- sections of sil-ence.

22 THE COURT: The whole purpose is to have

23 them hear it and see it in context, So I assume you want

24 to run it i-n f ull- and not skip over anything.

25 MR. LONG: I think that would make sense

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1 just so there's no question in the jurors' minds that

2 nolhing is left out.

3 THE COURT: And your argument is, it's in

4 response to an implication that there might have been

5 coaching?

6 MR. LONG: Yes, sir.

7 THE COURT: Jury has been j-nf ormed on how

8 posslbly to determine whether coaching has occurred, and

9 that's the argument you want to make, does that sound

10 correct?

11 MR. LONG: Yes.

L2 THE COURT: Okay. Mr. Green, Mr. Long was

13 directed to and did provide what woul-d amount to a limited

14 instruction on the use of this particular recording. Did

15 you have a chance to l-ook at that.

t6 MR. GREEN: I did, your Honor.

t'7 THE COURT: Okay. The request for

18 l-imited l-imiting instruction would, of course, be a

79 defense request, not necessarily a prosecution request.

20 First, you want me to give a Iimiting

2L instruction?

22 MR. GREEN: I do request that you do that,

23 yes, sj-r.

24 THE COURT: And second, is there anything to

25 the wording of the proposed instruction that you would

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1 obj ect to?

2 MR. GREEN: No, your Honor.

3 THE COURT: Okay. Even though you object to

4 playing j-t at all, and we have a record of that?

5 MR. GREEN: Absolutely.

6 THE COURT: The instruction that f've been

7 presented is sufficientr correct?

8 MR. GREEN : Your Honor, it ' s as suf f ic j-ent

9 as I can think of that we can come up. It is not very

10 Iimiting, but it would be impossibl-e to

11 THE COURT: To improve on it?

12 MR. GREEN: To improve on it, Yes.

13 THE COURT: Okay. Now, question to both of

74 you, should I read and it may be more appropriate

15 1et me back up. I forget the exhibit, is it t26?

16 MR. LONG: 119.

t7 THE COURT: 119?

18 MR. LONG: Yes.

79 THE COURT: Okay. It might be appropriate

20 for me to simply say that the State has requested over the

27 objection of defendant that they be allowed to play

22 Exhibit 7L9. Prior to them playing that, I would like to

23 instruct you as follows, and simply do this. Do you have

24 any problem with doing it that way, Mr. Long?

25 MR. LONG: No, your Honor.

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THE COURT: Mr. Green?

MR. GREEN: No, your Honor.

THE COURT: We1I, we'11- start off that way.

Depending on how long it actually takes, we either take

the morning break immediately after that r or we'l-l start

with the witness. We don't want to take a break too

ear1y.

the witnesses

we'l-1 be done

that can go on

waiting for on

Adding in that and thinklng in

you do have today, Mr. Long, do

still think we'l-1 be done by

MR. LONG: I do.

THE COURT: Okay. And you have

today, our next step would be

Monday?

MR. LONG: Yes, Judge.

the length of

you suspect

noon ?

no others

the one we're

THE COURT: So when we're done today, I need

to talk to the jury about thatr correct?

MR. LONG: Yes, sir.

THE COURT: Do you feel the same way?

MR. GREEN: Yes, your Honor.

THE COURT: You obviously don't want to

start any presentation in the middl-e of or towards the end

of the State's presentatj-on, right?

MR. GREEN: No, I do not, your Honor.

THE COURT: And I can, because of the

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1 discretion obviously given a judge, let you do that out of

2 order if you wanted to, but you simply don't want to.

3 MR. GREEN: Your Honor, I prefer that the

4 State complete their case before I put on mine.

5 THE COURT: Fair enough. Not a problem.

6 That's fair enough. My only problem is going to be

7 explaining to the jury. And I think what f 'l-1 say is the

8 attorneys and It when we discussed the length of each

9 witnesses' testimony, fength of tria1, calcul-ated it to be

10 such and such. Turns out it went a little quicker than we

11 thought it wou1d, but we do have a witness that can't be

L2 here until Monday, so we're going to have to recess today

13 and start again on Monday morning.

t4 Any problem with me wording it that wdy, Mr.

15 Long?

76 MR. LONG: No, sir.

t7 THE COURT: Mr. Green?

18 MR. GREEN: No, your Honor.

L9 THE COURT : Okay. Good. Anything el-se we

20 need to cover before we start?

2t MR. LONG: Just the vi-deo is 30 minutes 32

22 seconds, I think I saw. That's with that's in total,

23 the silence and everything. It's a littIe less than I

24 originally thought.

25 THE COURT: Good.

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1 MR. LONG: Did I print out enough

2 Lranscripts for the to hand out to the jurors that they

3 coul-d follow along during the video? I have them. I

4 don't know what the court's view is of that, including

5 that with the video.

6 Quite candidfy, I am torn as to whether or

7 not that's effective for my purposes because I want them

8 to see her as wel-l-. And sometimes with the transcript,

9 they are not watching the video.

10 THE COURT: Are you asking to give that to

11 the j ury?

12 MR. LONG: I guess f would like to ask what

13 the court's inclination would be.

t4 THE COURT: Okay. Let's say even though you

15 di-dn ' t, you as ked me and he ob j ected to it, I 'm not going

t6 to let you do it, and I'11- tell you why. The whole

tl purpose of running it is so the jury can see this

18 interview au naturale with no he1p. They can simply make

19 their own interpretati-on of the pattern of the interview.

20 So if it were requested, it'I1 be denied, but you're

2L obviously wlthdrawing the request.

22 MR. LONG: Yes, sir.

23 THE COURT: There you go.

24 Anything else, Mr. Long?

25 MR. LONG: No, Judge.

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1 THE COURT: Mr. Green?

2 MR. GREEN: Nothing, your Honor.

3 And you stated my obj ection very well.

4 Thank you.

5 THE COURT: Au natural-e.

6 MR. LONG: ff I could supplement the record,

7 the contents of the speech are still- relevant because it

8 relates to developmentally appropriate language. So I

9 guess that would be the only argument I had for why the

10 actual words and understanding of the words would be not

11 only relevant, but potentially critical.

L2 THE COURT: Yes. And I don't disagree with

13 the words themselves, but it's the presentation and manner

L4 or presentation based on your own witness' testimony, and

15 it is important to the jury's review and lnterpretation of

t6 the presentation. So if you're making the request, agaJ-n,

11 it wj-l1 be denied, but you are not, so we had a very nice

18 scholarly discussion.

19 Anything else?

20 MR. LONG: No, sir.

27 THE COURT: SiT?

22 MR. GREEN: No, your Honor.

23 THE COURT: Okay. Guys r xalax. The jury

24 won't be here until 9 o'cIock.

25 (A short recess was taken.)

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1 THE COURT: Show that the attorneys are

2 present. Defendant, Mr. Almanza, is hear. The jury is

3 not hear. They came in briefly and was sent back out.

4 Todd was told to make sure everybody was

5 ready. He says he was told they were. Was there a

6 miscommunicatlon?

7 MR. GREEN: Yes, your Honor.

8 THE COURT: We obviously want to avoid it,

9 so if you're not ready, just teII him you're not ready.

10 We're not going to brlng the jury in until everybody is

11 ready.

12 MR. GREEN: I understand, your Honor.

13 THE COURT: Okay. Bring them in.

L4 (The followi-ng proceedlngs were had in the

15 presence and hearing of the jury. )

16 THE COURT: Have the record show the

l7 presence of the attorneys, defendant, Mr. Almanza. The

18 jury is now back in the courtroom after the evening

19 recess.

20 And good mornitg, l-adies and gentlemen.

2l Please get comfortable. A couple of things I want to talk

22 to you about real- quickly. First, maybe it's good news or

23 bad news, when we do voir dire, the jury sel-ectionr we

24 talk about the length of the tria1. ft's based upon my

25 conversations wlth the attorneys and just trying to guess

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1 in general how long each witness will take and how much

2 time will be used up, which is why in voir dire we talked

3 about going all this week and into Monday of next week.

4 It would appear when we finish today that we will end up

5 recessing until Monday rather than come in to court

6 Friday. So during the break, it might give some of you a

7 chance to make other arrangements. Either you can get a

8 day's worth of work in, or you can have an extra day off

9 for a three-day weekend. We do have to wait until Monday

10 rather than go tomorrow, oD Friday. We are waiting for a

11 witness who is not avail-ab1e until Monday, so we have

L2 to we have to take that break, okay.

13 The other thing, we're going to begin today

t4 with the State playitg, at their request over the

15 objection of the defendant and me aIlowing, Exhibit 7-1-9,

L6 119. I have an instructlon as to that particul-ar exhibit.

11 You are about to watch and l-isten to the

18 f orensic intervi-ew of Ada Wilhelmi. This evidence is

19 admitted so that the jury can view the questions asked,

20 responses gi-ven, and vj-ew the victim's demeanor during the

2L interview in order to eval-uate whether there is evidence

22 that the victim's responses were influenced by either the

23 interviewer or outside sources. You must consider it only

24 for that limited purpose and not for any other purpose.

25 Okay. If you wouId, please.

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l- And I should as k f or the record, Mr . Long,

2 ).s the State ready to proceed?

3 MR. LONG: Yes. State is ready to proceed.

4 THE COURT: And are You, sir?

5 MR. GREEN: Yes, sir, I am.

6 THE COURT: Okay. Thank you.

1 Is that volume l-evel- satisfactory to

8 everybody, or shoul-d we turn it down a little bit ?

9 Everything 1s okay. Down just a tiny bit for some of the

10 jurors? Just a litt1e bit.

11 (Exhibit No. 119 played for the jury.)

t2 THE COURT: Mr. Long, are you ready to call

13 your next w j-tne s s ? Or Mr . Koh1er ?

t4 MR. KOHLER: Yes, your Honor. The State

15 calls Nikki Petri-n at this time.

16 THE COURT: A1I right. If You wouId,

11 please, ma'am, come al1 the way forward, please.

18 THE WITNESS: Thank you.

t9 THE COURT: And right over here to get you

20 sworn in.

2L THE WITNESS: Thank you.

22 (The witness was sworn.)

23 THE COURT: Okay. Ma'am, come on over and

24 have a seat.

25

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74

1 NIKOME PETRTN,

2 ca1led as a witness herein, having been first duly sworn,

3 was examined and testified as follows:

4 DIRECT EXAMINAT]ON

5 BY MR. KOHLER:

5 Q. Good mornirg, Ms. Petrin. Could you please state

7 your name for the record?

I THE COURT: Aga j-n, use the mic as much as

9 you can.

10 MR. KOHLER: I will, your Honor.

11 BY MR. KOHLER:

12 O. Good mornirg, Ms. Petrin. Can you state your

13 name for the record for us?

74 A. My name is Nikome Petrin, and I go by Nikki.

15 O. Could you go ahead and spell your fuII name for

t6 the stenographer?

t1 A. Yes. Nikome, N-I-K-O-M-E, Petri_n, P-E-T-R-I-N.

18 O. Ms. Petrin, could you please tel-I us what it is

t9 that you do for a living?

20 A. I work for the Department of Public Safety Crime

2t Lab, the Central Regional Crime Lab. And I work in the

22 currently I'm in the toxicology unit, but when this

23 testing was done, I was j-n the DNA and serofogy unit

24 performing serological testing.

25 O. What is serology?

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1 A. Serology is basically looking for biological

2 fluids on items of evidence, so what f rm looking for is

3 b1ood, semenr sdliva, urine, or feces.

4 Q. Okay. We're going to talk a little bit more

5 about that, but before we talk about that, could you tell6 us what kind of trainj-ng and experience you went through

7 in order to become a Department of Public Safety

8 criminalist ?

9 A. I have a B. S. 1n biochemistryr ds well as a year

10 of research in order to get my degree. And then once I

11 was hired with the Department of Public Safety, I went

t2 through training specific to the work that I was doing.

13 So I did about six months' trainJ-ng for serology, Iooking

14 for different bodily fluids and the different t.ests that

15 are involved with that.

16 O. Now, in the field of serology, what are the

11 bodily fluids that you can look for?

18 A. Blood, semen, sEl-iva, urine, and f eces .

t9 O. And are there are there tests that are

20 generally accepted in a scient.ific community in order to

27 find these fluids?

22 A. Yes.

23 O. Is it the same test for each one?

24 A. No, they are all different.

25 O. I'm sorry. Each one of those fluids has a

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1 different test?

2 A. That's correct. There's each body fluid has

3 its own specific test, and in some cases there are more

4 than one test that's acceptable for testing for those body

5 fluids.

6 Q. Now, the Department of Publ-ic Safety, are the

1 tests that you perform the same tests that are performed

8 in other laboratories across the United States?

9 A. Yes. I can only speak f or a couple of the l-abs.

10 I know that general practice we do work under the FBI

11 gui-dance, and we do use the tests that they suggest . And

L2 like I said for the different body fluids, therers

13 there's a number of different tests that are accepted and

L4 we're definitely in that umbrella of the tests that are

15 acceptable.

15 O. Now, you mentioned that some of the things you

77 test for are semen, and you also mentioned spermatozoa; is

18 that correct?

19 A. No. I test for semen. You can't have

20 spermaLozoa without there being semen, but you can have

2L semen and not have spermatozoa present.

22 O. And you mentioned one of the tests you do is test

23 for bl-ood?

24 A. Correct.

25 O. Now, are there any protocols that the Department

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1 of Publlc Safety Serofogy Unit is that the correct

2 unit?

3 A. Correct.

4 Q. The Department of Public Safety Serology Unit

5 follows when they recej-ve a an evidence sample

6 regarding sexual- assaul-t?

1 A. Yes. There is a there is a protocol written

8 for sex assault, yes.

9 Q. And I use the word protocol maybe prematurely.

10 Can you tel-l us what a protocol is?

11 A. Protocol is basically a guidel-ine that everybody

12 from the unit will foll-ow so there's basic guidelines in

13 there. It describes the different tests that we can use

74 to identif y the body f l-uids. It describes what j-tems of

15 evidence are required for us to look dt, and it just makes

16 sure that we're all following the same basic guldeline for

1,1 treating the sex assaul-t kit for testing the sex

18 assaul-t kits, to make sure we're all on the same page and

19 every case gets treated the same.

20 O. Now, speciflcally when receiving a sex assault

2t kit, are there any requirements that are specific about

22 the testing for semen?

23 A. Yes. When we receive a sex assaul-t kit, there is

24 also portions of the sex assault kit that we are required

25 to test for the presence of semen. And it further states

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I that if something was col-lected in a sex assault kit with

2 the intent to look f or semen, werre required to l-ook at 1t

3 for semen.

4 Q. Now, are there any specific protocol-s regarding

5 testing evj-dence for the presence of blood?

6 A. In a sex assault kit or testing for blood?

1 Q. fn a sex assault kit specifically.

I A. ft' s not no. ft's analyst discretion and

9 storage driven. That's why when we receive a sex assault

10 klt, we al-so get the same nurse's notes, so the person who

11 collected the sex assaul-t kit will give us notes, and that

t2 gives us a basic guideline. Because as a serologi-st., what

13 I want to do is to make sure that I'm collecting the

t4 correct evidence that can give the information that

15 f oIl-ows along with a sex assault kit.

!6 So Lf, you know, I'm looking at the sex

77 assault kit and the same nurse collects everything

18 possib1e , tf I donrt need to look at all of that stuf f ,

L9 therers only a portion of it that follows the story 1ine,

20 all- I'm doing as a scientist is looking at the story line

2L and see if the evidence f o11ows the story l-ine.

22 O. Now, did you receive a sex assault kit involving

23 a person by the name of Ada Vfilhelmi?

24 A. Yes.

25 O. And when you received that sex assau1t kit, what

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1 form did it come in?

2 THE WITNESS: Your Honor, may I refer to my

3 notes to my refresh my memory?

4 THE COURT: He's going to have to qualify

5 you.

5 Go ahead, Mr. Kohler. On the notes.

7 BY MR. KOHLER:

I Q. I'm going to go ahead and show you an exhibit.

9 I'm showing you what's been marked as State's Exhibit I29.

10 Do you recognize that?

11 A. I do.

L2 0. And what are you looking at there?

13 A. These are my notes, not the fuII report, but this

14 is my notes that I took and included to generate my

15 report.

75 O. frm going to show you two other exhibits as well.

Ll Perhaps one other exhibit. Sorry. It was just one other

18 exhibit.

19 Could you tel-l us what those two pages are?

20 This is Exhi-bit No. 108.

2L A. This is my report that I generated that matches

22 the notes that I took.

23 O. Will looking at those refresh your recollection

24 as to information regarding a test you conducted on

25 evidence involving a person by the name of Ada Wilhel-mi?

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A. Yes.

O. Go ahead and glance over that.

A. Okay.

O. Now, I believe I asked you what condition was

the was the kit in when you received it; is that

correct ?

A. Yes.

O. Can you answer that question now?

A. Yes, sir. f received a cardboard box that was

seal-ed that contained a brown paper bag that actually

contained the sex assault kit.

O. And when you say the sex assault kit, what was

contained in that sex assault kit?

A. The sex assault kit actually included a number of

five white envelopes, one white paper b^9, and paperwork.

O. Now, did you test some of the items in that kit

for the presence of semen?

A. r did.

O. And why did you do that?

A. Again, referring back to our protoco1, when we

receive a sex assault kit, there are portions of it that

we are required to test for semen. Agaln, the protocol is

just making sure that we treat every case the same. And

in this case, the portions that I am required to test are

the anal swabs, the external genital swabs, and those are

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actua 1 Iy

rece ived

o.

items.

the only

in this

And were

ones that I am

CASE.

required to test that I

you able to conduct tests on those

A. I was.

O. And when conducting those tests, did you f ol_Iow

the protocols required when testing for the presence of

spe rm?

A. r did.

O. And the test that you use, are those tests that

are generaJ-1y accepted into the scientific communlty?

A. They are.

O. And what were the results of those tests?

A. I did not flnd any my test for semen was

negative, and then I did

look for the presence of

negative aIso.

O. And that further

generally accepted in the

A. Yes, it is.

a further step to test for to

spermatozoa, and that was

step, is that also a step that's

scientific community?

O. Now, did you conduct any further tests on any

items that you received in this kit?

A. several- of them r j ust col]ected and retained in

our laboratory frozen storage. As a serologist, what ilm

looking for is stuff that has the potential to go on for

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1 further DNA testing. And j-n this case, based on nurse's

2 notes as well as what was collected in the kit, there are

3 some portlons of it that I just col-Iected and put into our

4 laboratory frozen storage and didn't test any perform

5 any tests on because I wanted to make sure that I gave the

6 DNA analysis as much sample as I could. And if I tested

1 it, I would have consumed a portion of it. And I wanted

8 to make sure that I gave them as much as I could.

9 Q. Now, those are items that you didn't test; is

10 that correct?

11 A. Correct.

L2 O. Was there anything that you actually did conduct

13 further testing on?

L4 A. I did. The underwear in this case.

15 O. Now, when you tested the underwear, did you do

76 any any examination on it for the presence of semen?

11 A. Yes.

18 O. What examination was that?

19 A. When you're looking at an item that's bigger than

20 a swab, what I'm looking f or, we use what's caIled an

2t al-ternate light source. And basically what it is is a

22 bl-ue light in a dark room that in the presence of a

23 portion of this semen and actual-Iy a couple or body fluids

24 like saliva will fluoresce and vaginal secretions will

25 f luoresce.

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1 And what I'm looking for is just instead of

2 -- I'm taking a bigger item and narrowing down the areas

3 that I want to test to make sure that I am looking in the

4 r iqht area. So I perf ormed t.he al-ternate light source

5 search and found areas on the underwear that coul-d be a

6 potential- interest for looklng for semen.

7 Q. What did you do with those areas of potential

I interest?

9 A. I tested them with my I'm looking for semen.

10 It's a two colorless chemical-s that in the presence of

11 semen turns a rea11y nice bright purple col-or. And I

t2 performed that test. That actually came back negative, so

13 I stopped my search at that point.

L4 O. Did you make any markings on the underwear?

15 A. I bel-ieve I did. I didn't write down that I made

tG markifl9s, but generally because what I'm doing is taking a

1,1 larger item and in a dark room looking at the areas that

18 fluoresced are not something that would generally show up

79 in the light. So when I mark on the underwear, what f'm

20 doing is reminding myself when I go back to the light to

2L see those two colorless chemicals, I'm just making sure

22 that I know which areas that I need to test.

23 O. Did you examine the underwear for any other

24 fluids?

25 A. I did. I noted that there were red/brown stains,

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24

1 that' s the RBS in the front part of the crotch. And then

2 I noted that there were approximately four stains, and

3 they were of varying sizes. And I tested just a smal-l

4 portion of that to see if I consj-dered if I thought

5 that 1t was positive for the presence of blood.

6 Q. And did you make any any marki-ngs on the

7 underwear in association with your test for blood?

8 A. I don't recall off the top of my head.

9 GeneraJ-1y, if it's blood stains and f can see them or

10 they're red/ brown stains and I can see them and I've

11 tested t.hem, generally generally the only reason I

12 would mark on it if it was something like that fluorescent

13 area where I woul-dn't see it without my special my

L4 al-ternate light source, I woul-dn' t mark on 1t . I may have

15 in this case, but generally, me noting the si-zes of those

16 stains and the area that those stains are in the

11 underwear, that's enough for the DNA person to sdy, this

18 is where it's not hard for them to find.

19 O. Now, did you conduct any further you mentioned

20 you conducted tests on those sma1l -- a small that you

2L conducted a test on a small portion of one of those

22 stains?

23 A. Uh-huh.

24 O. What was the testing process or test that you

25 used?

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25

1 A. It's cal-Ied the Kastle-Meyer test. And basically

2 it's for the presence of blood. It's the same same

3 thought of two colorless chemical-s that in the presence of

4 bl-ood will turn a hot pink col-or.

5 And then I -- for the presence bIood, I

6 actually look at it under the microscope a1so. Blood has

7 unusual characteristics under the microscope. What I l-ook

I for is a shiny red kind of like a candy apple color

9 with crackly finish. And I marked that both of those

10 tests came back positive. So that gives me a good

11 indication when both of those come back positive that

L2 there is blood present.

13 O. So there were two tests that you conducted?

L4 A. Correct. The chemical, as well as the visual

15 test, and those two together are what lead me to the

15 conclusion that that's b1ood.

t1 O. f am going to show you another exhibit now. I'm

18 going to show you what's been marked as State's I'm

19 sorry. Marked as Exhibit L268.

20 Do you recognize the exterior of that?

27 A. I do.

22 O. And could you teII us what it is?

23 A. This is what I would have marked item number

24 18 50 -2.12.

25 O. And what do those numbers correspond to?

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26

1 A. That is, the sex assau.l-t is item number L860-2,

2 and we have standardj-zed sex assaul-t kits, so the .t2 is

3 underwear.

4 Q. So based on the outside of that packaging, what

5 can you determine that is inside that packaging?

6 A. The stain that is also marked with an X mark that

7 these are underpants.

I Q. Okay. And is that the package that you received

9 in Ada Wilhelmi's case?

10 A. It is because I actually have the DR number, the

11 item number including the .12, the date that I 1ooked at

t2 it, as well as my initial-s.

13 O. You sald throughout DR number there, what is a DR

L4 number?

15 A. I'm sorry. The case number. Every time an item

16 comes j-nto DPS, it ' s gi-ven a unique identi f ier f or DPS .

71 The agency has their own number that they associate it

18 with, and we use the two items in combination, as well as

19 the specific item numbers to give a unique identifier to

20 each item that we look at in a case.

2L O. f'm going to go ahead and have you put those

22 gloves on, \f you don't mind.

23 And while you're doing that, when you

24 received that itemr wds it in was there any anything

25 inappropriate about the condition 1n which you received

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 27 of 124
21

1 ir?

2 A. No.

3 Q. If there had been, would you have made notes

4 about that?

5 A. I would. And actually what my notes say is that

6 I received one white paper bug, red evidence tape sealed,

7 which thls is the red evidence tape, and so there were

8 also initials and date overlapping right onto the package.

9 And that tells me that i-t's a proper tape sea1. And then

10 marked with label one, which this is, this Ada Wilhelmi

11 comma Ada labe l- .

L2 MR. KOHLER: If I could have a second, your

13 Honor.

14 THE COURT: Go ahead, sir.

15 MR. KOHLER: Sorry, your Honor.

76 BY MR. KOHLER:

L7 O. Cou1d you go ahead and puI1 those out of that

18 bag?

19 Can you tell us what you're looking at

20 there?

2l A. It appears to be a girl's children's size

22 underwear, which I marked in my notes as one pair of

23 underwear, purple with white butterfl-ies aIl over,

24 tagless, marked Eaded Glory, 6.

25 O. And is that the pair of underwear that you

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 28 of 124
28

1 received to test in Ada Wil-helmi ' s case ?

2 A. It is because I also have the same informati-on

3 that I placed on the outside of the bag on the inside of

4 the underwear.

5 Q. And did you affix that lnformation there?

5 A. r did.

7 Q. Okay. Now, is this the underwear is this the

I underwear that you just told us had blood in it?

9 A. That's correct.

10 O. And could you go ahead and l-ook at the blood

11 stained inside that underwear?

12 Now, as part of your work as a serologist,

13 do you know anything about the if blood stains fade

L4 over time?

15 A. Definitely. I read articles about blood stains.

76 Generally when I talk about what my findings are, I can

L1 only tell- you whether the chemical and the visua1 test

18 came back positive. I can't tell- you when this stain got

L9 there. I can't tell you whether j-t's been washed because

20 different materials wil-l- will absorb bl-ood stains in

2t different ways. There's a whole bunch that goes into it.

22 I can only tell you whether my tests came back positive.

23 O. f'm going to show you another exhibit now.

24 These are not the photos I woul-d Ii ke you to

25 look at.

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 29 of 124
29

1 A. I was going to sdy, I didn't recognrze those.

2 Q. Okay. f'm showing you whatrs been marked as

3 State's Exhibit 87.

4 A. Okay.

5 Q. Cou1d you teI1 us what we're looking at there?

5 A. It l-ooks l-ike the exteri-or of the underwear that

1 I analyzed.

I Q. Okay. f'm sorry. Irm going to have you turn the

9 underwear that you're looking at from our previous exhlbit

10 back right slde out.

11 Is there is there a difference between

t2 the those two stains?

13 A. Which two stains?

14 O. I'm sorry. Do you see any stains on the exterior

15 of the underwear that you're looking at in your hand now?

L6 A. Yes.

L1 O. Okay. And does that stain l-ook similar to the

18 stain shown in Exhibit 81 on the screen?

19 A. Yes.

20 O. Is there any any difference in those two in

2! those two stains?

22 A. Without a scale, f can't tell you. They do l-ook

23 to be similar. They do look it looks as if I have it

24 folded the same wdy, and it looks to be the same stain.

25 O. I'm going to show you what's been marked as

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30

1 State's Exhibit No. 4. And if you could turn the

2 underwear inside out now.

3 MR. LONG: Which exhibit?

4 THE COURT: You might more easily see it on

5 the screen behind you.

6 THE WITNESS: YES.

7 BY MR. KOHLER:

I Q. I'm sorry. I may have misstated.

9 I'm showing you what's marked as Exhibit No.

10 92. And we're seeing a scale in there. Is that helpful

11 to you at aIl- in determining distinctions?

L2 A. Actually my initials on it actually helps with

13 distinguishing also, but, y€sr those are the stains that I

14 tested.

15 O. Could you show us on Exhibit 92 where those

16 initials are so we can see those?

77 A. It is my initial rlght here. There is kind of

18 like a crinkled-up case number, as weII as the item number

19 and the . L2 , as wel-l as the date that f l-ooked at it .

20 O. And there in Exhibit 92, al-so are there any other

27 lines that you can see?

22 A. Yes. This is where I would have marked the ALS

23 pos j-tive areas.

24 O. I'm sorry. ALS positive?

25 A. That's the alternate light source where I said if

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2

3

4

5

6

1

8

9

10

11

t2

13

74

15

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t1

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t9

20

2L

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23

24

25

I was in the dark room, I would have marked it so that

when I brought it into the J-ight, you can kind of see on

this picture that there is not a big difference in how

this area looks as opposed to this area.

When I mark it for with the alternate

light source that's what I'm doing, is I,m making sure

that when I step out of the dark room with my bl_ue light

and I'm in full J-ight like this for our laboratory, it

reminds me where r found those areas that kind of had that

f l-uorescent col-or. This is where r wourd have circled it

for the red/brown stains that I located.

O. Now, looking at State's Exhibit No. 92 and

comparing it with the actual underwear you have there, do

note any fading of the red blood stain in the actualunderwear from when this picture was taken?

A. I did say in my notes that they were just

red/brown stains, and I see the same red/brown stains

right here and here that I would have noted.

O. Now, go ahead and have a seat. Thank you.

You can perhaps put the underwear back in

that evidence envelope.

Ms. Petrj-n, you mentioned that there were

protocols requiring certain certain tests for semen?

A. Correct.

O. And that there weren't any such protocols

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 32 of 124
32

l- requiring tests for blood?

2 A. It's not that they are not required. It's that

3 our protocol is a general guideline for testing every sex

4 assault kit the samer so there are portions that are

5 acquired for us in sex assault kits that the same nurse is

6 collectlng items for the intent that there could

7 potentially be semen present, and so that's what our

8 protocol looks for. For blood, the presence of blood in

9 sex assault kits, there isn't a guideline. It woul-d be

10 story driven why I would test for the presence of bl-ood in

11 a sex assault case.

12 a. And just to be c1ear, when you say story drj-ven,

13 what does that mean?

t4 A. We receive the same nurse's notes, so whoever

15 collected the sex assault kit. And by saying it's the

L6 sexual assault nurse examiner, and they col-lect a series

tl of notes by asking the person who the kit is col-lected

18 from a series of questions.

19 And what I'm looking for in those notes is

20 parts of the story, like what type of assault potentially

2! occurred, where am I actually looking for the presence

22 there to be the best possibility for the presence of

23 semen, what are they col-lecting for the presence of maybe

24 some other body flui-d, or some other type of cel_lular

25 material-, so I can make sure like I said earl-ier, I

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 33 of 124
33

1 just retain l-aboratory frozen storage portions of the sex

2 assault kit that werenrt col-lected for the intent of

3 looking for semen. It was for the intent of possibly some

4 other type of cel-lul-ar material being present. And I want

5 to l-eave those as whol-e as f can f or the DNA analyst j ust

6 in case there isn't a lot there.

1 Q. Now, Ms. Petrin, when you receive a sex assau.l-t

8 kit f rom where there's an adul-t woman as the victim, do

9 you typically revj-ew the undergarments for the presence of

10 blood?

11 A. I would not consider it abnormal to find the

L2 presence of blood on underwear in a woman that could

13 potentially be menstruating. Itrs explainable why there

14 is there coul-d be the presence of blood on those

15 underwear. And I can't teIl you when the blood got there.

76 f can't tell you how the blood got there. I can only tel-l

77 you whether j-t's there or not. And there are reasonable

18 explanations why a menstruating woman would have bl-ood in

19 her underwear.

20 O. Was there something about the underwear 1n Ada's

2l case that made you treat it different than that?

22 A. Upon review of the nurse's notes, it indicated

23 that she was a young girl, approximately six years of age.

24 And f tested for the presence of bl-ood because it would

25 have to be explained why there was blood there, what

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 34 of 124
34

1 type some something at some point in tj-me would have

2 all-owed for there to be blood there, if that was indeed

3 bl-ood, and it did

4 Q. f 'm sorry?

5 A. I'm sorry. And f was going to say it did come

6 back positive for bloodr so I mean, there's there's

7 reasons that blood can be there, it's just .l-ess

8 explainabl-e on a six-year-o1d than, sdy, on a 20-year-oId.

9 Q. Unless there was something that was bleeding,

10 right ?

11 A. Correct.

12 MR. KOHLER: No further questions, your

13 Honor.

L4 THE COURT: A11 right, sir.

15 Mr. Green?

T6 CROSS-EXAMINATION

L7 BY MR. GREEN:

18 O. Again, you said that you are not abl-e to tell

t9 when these stains were created; is that correct?

20 A. Thatrs correct.

2L O. Okay. And in your t.esti.g, f or any of the

22 objects that you tested, you found no semen; correct?

23 A. Thatrs correct.

24 O. And you found no spermatozoa?

25 A. Thatrs correct.

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 35 of 124
35

1 Q. Separate test, different test; correct?

2 A. They are separate tests on the same items, y€S.

3 Q. Okay. None was found?

4 A. Correct.

5 Q. You found blood on the underwear?

6 A. That's correct.

7 Q. And again, you don't know what caused that blood

8 to be on the underwear; correct?

9 A. Thatrs correct.

10 O. Did you test the bl-ood for type?

11 A. No.

t2 O. Is that something you normally do?

13 A. No. The Kastle-Meyer test that we do f or bl-ood

t4 is a very basic col-or test, and it only bl-ood f rom

15 anything reacts the same way.

tG O. If requested, would you be the person who tested

11 blood for type?

18 A. No.

19 O. V[ho would that be?

20 A. That would be the person who actually performed

27 DNA on this case.

22 O. Okay. So that's not in your purview to deal with

23 the type of the blood, that's the DNA person?

24 A. That's correct.

25 O. Okay. Is it unusual- to find bl-ood in children's

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2

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5

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t4

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2t

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underwea r ?

A. I wouldn't f don't know. I can only tell you

about this case right now. I don't remember the I can

think of situati-ons that there would be blood in the case.

That wourd be for the the nurse to talk about what type

of trauma looked like was there that could potentially

have caused the blood in this case. r have f ound bl-ood in

other cases.

MR. GREEN:

questions I have.

THE COURT:

Mr. Kohler,

MR. KOHLER:

THE COURT:

witness be excused?

Thank you. That's all the

All right, sir.

any redirect?

No, your Honor.

Okay. Mr. Kohler, may this

MR. KOHLER: Yes, your Honor.

THE COURT: Mr. Green?

MR. GREEN: Yes, your Honor.

THE COURT: Okay. Thank you very much,

ma t am. You t re excused.

I will tell- you, the Rul-e was invoked, so

please don't talk to any other witness about the case.

THE WfTNESS: Yes, sir.

THE COURT: Thank you.

(Witness excused. )

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 37 of 124
31

1 THE COURT: Why don't we take the morning

2 break, and we'11 get your next witness. f 'm guessing it's

3 not a 15-minute witness? No.

4 MR. LONG: It ' s c1ose, but that ' s fine .

5 THE COURT: What's that?

6 MR. LONG: I said, it's c1ose, but f'm not

7 Lndifferent as to when the court

8 THE COURT: f'm not indifferent to it.

9 Let' s take a short break. We'l-I start again in about

10 20 minutes. Be baek in the jury assembly room about

11 10:30. We'l-l- get you up here shortly af ter that. Pl-ease

72 remember the admonition.

13 We're on a recess.

74 (a short recess was taken. )

15 THE COURT: Have the record show the

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

l7 the jury is back in the courtroom.

18 Is the State ready to proceed?

19 MR. LONG: Yes, your Honor.

20 Eor the record, Detective Snyder is not with

2l us. He's been subpoenaed to another court in another

22 jurisdiction, so we'd ask the court's permission to excuse

23 him for that reason.

24 THE COURT: Thank you very much.

25 Mr. Green, are you ready?

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 38 of 124
38

1 MR. GREEN: I dffir sir.

2 THE COURT: Would the State call the next

3 witness, please?

4 MR. LONG: State cal-l-s Peggy Toporek.

5 THE COURT: Ma'am, if you would, come on

6 over, please. Right over here, and we'll get you sworn

7 in.

8 (The wj-tness was sworn. )

9 THE COURT: Okay. Ma'am, Lf you would,

10 please, walk around the TV. There you go.

11 Okay. Mr. Long?

t2 MR. LONG: Thank you, your Honor.

13 PEGGY TOPOREK,

t4 called as a witness herein, having been first duly sworn,

15 was exami-ned and testif ied as f oll-ows:

L6 DIRECT EXAMINATION

11 BY MR. LONG:

18 O. Mafam, would you state your name, please?

19 A. Peggy Toporek.

20 0. Who do you work for?

27 A. The Department of Public Safety Crime Lab in

22 Phoenix.

23 O. What do you do for them?

24 A. I am a crimlnalist, and I work in the DNA

25 Serology Unit.

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 39 of 124
39

1 Q. What ' s a cr j-m j-nal-ist ?

2 A. I analyze evidence for DNA, serology, basically

3 you're anal-yztng evidence to assist in a prosecution.

4 Q. Before you were anal-yztng evidence, did you have

5 any other job as a criminalist?

5 A. Before I went into the serology DNA unit?

1 Q. Yes, ma'am.

8 A. I was in the drug unit for approximately ten

9 years.

10 O. Vrlhat education do you have that qualifies you to

11 be a criminalist?

L2 A. I have a Bachelor of Science degree in chemistry

13 from Northern Arizona University. And I've got the

74 classes and the training that's required of the DNA unit

15 to be a DNA analyst.

t6 O. Can you talk about some of that training,

77 training and experience?

18 A. The cl-asses are statistics, genetic engineerirg,

19 genetics, biochemistry, those sorts of classes. And then

20 the training, DPS has a mentoring programr so f went

2L through that training. V[e a]-so have have to have

22 yearly training in future trends or new technology.

23 O. How long have you been a criminalist?

24 A. It'Il- be 25 years in March.

25 O. How long have you been with the DNA serology

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 40 of 124
40

I uni-t?

2 A. For approximately 15 years.

3 Q. Any way you could give us a guess about the

4 number of cases you have actively worked as a as a

5 in the serofogy DNA unit?

6 A. I hundreds, hundreds, hundreds and hundreds.

1 Q. Are you familiar with based on your training

8 and experience, familiar with the DNA?

9 A. Yes.

10 O. Explain to us just if you could about where DNA

11 can be found?

L2 A. DNA is found in various cells throughout the

13 body, usually nucleated. You will find them 1n the mucous

74 membranes, the epithelial cel1s in the mucous membranes,

15 which would be in the nose, the mouth, the vaginal cavity,

16 al-so spermatozoa. You have some epithelial cel-l-s on your

71 hands, you have broken-down epithelial cel-l-s on your

18 hands, and those are slough ce]ls. So anywhere you're

19 going to have a nucleated celI or whlte blood cel1, a

20 variety.

2t O. And thi-s is a probably take hours and days and

22 in some cases months to explain, but in a very brief

23 manner, coul-d you just tell us what DNA is?

24 A. DNA is Deoxyribonucleic acid. It's the genetic

25 material that's found in your body. Like I said, various

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 41 of 124
4t

1 cel-ls throughout your body. Itrs the same in all of your

2 ceIIs, and it's basically what makes you you. It makes

3 each person the individual- that they are.

4 Q. And as your j ob as a DNA analyst, could you tal_k

5 about why a known sample is crltlcal?

6 A. From my work, I generate what's called a profile,

7 and basically that is just sizes of DNA. We look at 13

8 different locations on the DNA strand, and each of those

9 locations we are looking for the two pieces of DNA. We

10 size them just like you have a particular shoe size. At

11 that particul-ar region, you have two sizes, one from your

L2 mom, one f rom your dad. You generate whatrs called a

13 profile of those sizes. The profile means nothing if you

t4 have nothing to compare it to, so you have to have a known

15 standard to compare those numbers to, either to excl-ude or

16 include an individual-.

l7 O. Okay. So I'm correct, 1f you were to get a

18 sample that contains a profile, you need to compare that

79 to a sample to know who you are comparing it to; is that

20 accurate?

2L A. Yes.

22 O. And you initi-aIly talked about what you're

23 looking for as far as gettlng a certain characteristic or

24 from each parent, did I get that right?

25 A. f'm sorry?

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 42 of 124
42

1 Q. No?

2 A. Say that again.

3 Q. You said something about getting something from

4 each parent, could you just explain that again, please?

5 A. Right. Like r said, you have at each of those 13

5 locations, you're going to get two pieces of DNA. one you

7 got from your mother and one you got from your dad, and

8 those are two different si-zes of DNA pieces. And you look

9 at 13 different locations. And as you 13, you're going

10 to have enough variability between each individual- to be

11 able to sdy, yesr this this does match this person.

72 o. And if someone was to watch some of the talk

13 shows with Maury Povich and some of these things where

L4 they do DNA testing to determine paternity or maternity,

15 is that how they are able to do that, because they share

76 at least one thing in common with their father?

77 A. With a parent, y€s, correct.

18 O. And one in common with the mother; is that

79 accurate?

20 A. Yes.

27 O. Ird like to talk to you about the work we11,

22 r'd like to talk to you about the these different types

23 of places where you find DNA. you said that it's in

24 semen?

25 A. Yes.

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 43 of 124
43

1 Q. Spermatozoa?

2 A. In spermatozoa.

3 Q. In blood?

4 A. Yes.

5 Q. And then you talked about this thing called

6 epithelial ce11s, did I get that right?

7 A. Yes.

8 Q. And you described where some of these epithelial

9 cells might be found. And I heard you could find it in

10 the mucous membranes; is that accurate?

11 A. Yes.

L2 O. So that includes your mouth?

13 A. Your mouth, nasal, vaginal, to some degree the

14 rectal Iining would have epithelial ce11s.

15 O. Okay.

!5 A. The l-obe, the deeper layer of your skin will have

Ll epithelial- cell-s.

18 O. Okay. What about the surface of your skin?

79 A. The surface will have sloughed or broken, your

20 dead, because your skin is constantly growing and

2l sloughi*9, so it has as those skin cel-l-s die, they're

22 going to rise to the surface, so you'11 have broken-down

23 epithelial cells. You may have some of the DNA that's

24 from those broken cell-s laying on the skin. And so we're

25 getting a DNA profile not real1y from the true epithelial

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 44 of 124
44

1 ce11s, but klnd of the waste, the l-eftover, the

2 broken-down part of those cel-ls.

3 Q. Okay. How easy is it to get rid of epithel-ial

4 ce1ls or to not how vol-atile are epithelial- cel-1s ?

5 A. V[e11, you would you would lose epithelial

6 celIs from washing your hands, from rubbing them, from

7 transfer, and that's what we base our touch DNA orrr is

8 from touching a surface. You're making a transfer. Now,

9 it just depends on how much is there. If you just washed

10 your hands, you're not going to have very much cellular

11 material therer so you are not going to transfer anything.

t2 But if you are considered a slougher, which means you have

13 a lot of cell-s or you don' t wash your hands a lot, then

14 you're going to leave behind ce1ls, so it depends on the

15 person.

16 O. And in this case, we're talking about cel-l-s that

L1 are on the surface of the skin?

18 A. Yes.

t9 0. And again, when you talk about sloughing, again,

20 what we're looking for is dead those dead epithelial

2l cells that have risen or are on the top of the skin; is

22 that accurate?

23 A. Right.

24 O. So you said that washing your hands could remove

25 these epithel-ia1 ceIls; is that accurate?

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45

1 A. Yes.

2 Q. To the point where you wouldn't be able to get a

3 -- or identlfy a sample?

4 A. Sure.

5 Q. Let me see if f can give some real- world

6 examples. Irve washed my hand at the break just a couple

7 minutes dgo, and I touch this surface, would you expect to

8 see to find my DNA on this surface?

9 A. Probably not.

10 O. Okay. If I was to put my flnger in Mr. Kohler's

11 mouth and his mouth was a swab was taken, would you

t2 expect to get my DNA to be found in Mr. Kohler's mouth?

13 A. Probably not, especially since his cel-Is are

L4 going to overwhel-m your cells.

15 O. Explain that, Lf you can.

t6 A. His his mouth, like I said earlier, is just

t7 aIl mucous membrane. It's loaded with epithel-ia1 ceI1s,

18 so you're going to have so much of his DNA. You usually

19 need about five five percent of another person's

20 contributor to pick it up, so there is going to be so much

2L of his DNA there that we woul-dn't be able to detect any of

22 yours, even if you even if you had some DNA oD, you

23 probably are not f'm not going to find it. Just

24 there's so much DNA in his mouth.

25 O. And there's no guarantee that my epithelial cells

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46

1 woul-d even be lef t there; is that accurate?

2 A. Right.

3 Q. You talked about how washing the hands and

4 washing those those dead cel-l-s off can prevent DNA from

5 being transferred. What about rubbing or using your hands

6 throughout the day?

7 A. Sure, right.

I Q. That does that would impact your ability to

9 A. Riqht.

10 O. Sorry?

11 A. I 'm sorry.

72 Any time you t.ouch something or you're

13 transferring, So the more you're using your hands,

L4 touchi^g, rubblrg, put gloves on, all that is I mean,

15 itrs common sense, you're cleaning off that surface each

15 time.

t7 O. Okay. So these epithel-ial cells that you're

18 talking about on touchlng, they are not sticky or they

79 don't adhere?

20 A. I don't they are not sticky, no.

2t O. You talked about cl-ean hands, that washing your

22 hands can impact whether or not you wouLd expect to find

23 skin cells or DNA. What about hands that are that are

24 dirty with grime or dirt, does that impact whet.her or not

25 you would expect to find DNA?

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41

1 A. Dirt is DNA's enemy. Anytime you have dirt, it

2 destroys DNA. It starts eating away at the bonds on the

3 DNA strand, and it starts destroying it. So anytime that

4 we see a dirty sample, we just you just cringe because

5 you know you are not going to get a very good profile. So

5 dirt is bad in the DNA worl-d. So it doesnrt necessarily

7 make it disappear, it just starts breaklng it down, and it

B makes it hard to detect what's there.

9 Q. How about t ime ? Can t ime impact and l-et ' s

10 focus again on the touch DNA or the epithelial cel1s, skin

11 cells because there may be a different analysis. WeII,

L2 l-et me ask this, is there possibly a different time frame

13 or discussion when you're talking about blood, semen, ox

t4 semen in dealing with DNA?

15 A. Time frame in?

76 O. In how quickly you might expect not to find it?

t7 A. DNA wil-I remaj-n at room temperature or we freeze

18 it, but j-t is it will remain at room temperature. It

L9 is not so much that itrs breaking down. ft's what happens

20 to it. If you had DNA on your hands and you never washed

2t them or you sat without touching anythlrg, it's going to

22 stay there. But that's not how people are. You use your

23 hands al-l the time r so itr s going to there' s going to

24 be transfer.

25 As far as blood and semen, if you had if

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48

1 you were a rape victim and you had semen in your panties,

2 that would stay there because therers nowhere for it to go

3 really. Whereas if the DNA is on your hand, it has

4 somewhere to go, it's transferring.

5 Q. In talking about wellr so in dealing with a

6 case involving skin cells where they are detecting some

7 form of skin cel1s on another person, if the tlme frame

8 between the test and the event where the contact took

9 place j-s a day 1ater, about 24 hours, does that time f rame

10 impact whether or not you'd expect to get DNA?

11 A. I would expect there to be little to no DNA left

t2 from a person other than the individual.

13 O. Okay. And so you woul-d expect to get DNA f rom

t4 the person that you're taking a sample from; is that

15 accurate?

76 A. Yes.

11 O. For example

18 A. Any any range of from any range, either

79 Lrace amounts or a lot of DNA.

20 O. Okay. But as to another person, it would be

2L transferring through their skin cell-s within a day,

22 approximately 24 hours, you would not expect to get that,

23 or j-t woul-d be very little?

24 A. It would be very Iittle.

25 O. Let's talk about if there's very Iittle.

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11

t2

13

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t6

71

18

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2L

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25

A.

o.

A. Right.

O. And you said in that case

overwhelmed to the point where you

is that accurate?

Okay.

Do you have a threshold that you acquire in order

to be abl-e to determine a profile?

A. Yes, we have thresholds.

O. So I guess to word it differently, is it possible

that there cou1d be DNA present, but you, based on your

standards, would be unable to identify that?

A. WeIl, in this case, I mean, there was no

detection of the second person on you cannot l_ike

you saidr w€ have thresholds. You cannot go below that

threshold to start looking for other DNA because it is not

accurate.

O. And earlier you talked about a sample

overwhelming, a second sample?

A. Yes.

O. And the example with someoners mouth or Mr.

Kohler's mouth and my my skin cel-ls?

that it would be

wouldn't detect my DNA;

A. Yes.

O. Does

unequivocally

that mean my DNA is absolutely,

not in his mouth?

A. No. I j ust coul-d not detect it.

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1 Q. I'd like to talk to you about your methods , ox

2 the work that you do rather, is it realistic to test every

3 item that comes in to the DPS Crime Lab on every case?

4 A. No.

5 Q. Why is that?

6 A. We do not have the manpower.

1 Q. Do you also have certain standards in place?

8 A. Yes, we have standards.

9 Q. And does that requj-re your work to be reviewed?

10 A. Yes.

11 O. So you are not the only one that looks at

72 something and then makes a determination, and then j-t's

13 sent out; is that right?

t4 A. Right. We have two reviews.

15 O. Did you say two reviews?

16 A. Two, yes.

t7 O. And does the Arizona DPS Crime Lab have any

18 accreditati-ons ?

L9 A. Yes.

20 O. Can you teII us what those are?

2! A. It' s ASCLD. f t' s the American Society of Cr j-me

22 Lab Directors. And basically it's an organization

23 throughout the U.S. that sets the criteria for for

24 acceptable standards, acceptabl-e methods that are used

25 throughout the forensic community. And we are a part of

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that.

O. You talked about that it's just simply not

real-istic to test every single item that comes j-n in every

case. What factors go into what ltems are tested?

A. You have to decide which piece of evidence is

going to give you weII, you think from your experience

that you're golng to be most like1y to get a DNA profile

from from whoever you're looking for, it you're looking

for the victim or looking for the standard. Just from

your experience or f or ffi€, j-t's f or my experience, where

do I think the best evidence 1s going to be, and that's

where I have to like you said earlier, you cannot do

every pJ-ece of evi-dence, so I have to decide which

which is going to be most likely that I'1I get a good

result.

O. Okay. Do the facts go into play in determining

what should be tested?

A. Yes.

O. And I think Ms.

story dr j-ven. Does that

all the information that

A. Yes.

Petrin used the phrase, it's

mean based on the information,

's available?

O. And as a scientist, as a DNA analyst, do

into ---1ook at real- world examples or real- world

sense in determinlng what should or should not be

you look

common

tested?

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 52 of 124
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1 A. Yes.

2 Q. For example, in this case, there was some

3 underwear that was tested at the serology phase, are you

4 fami]iar that that was done?

5 A. Yes.

6 Q. And that the testi-ng in that was positlve for

1 blood, are you familiar with that?

8 A. Yes.

9 Q. And Ms. Petrin testified that she is not the one

10 that would do the analysis to determine whose blood that

11 is, and that is consistent with your understandj-ng?

L2 A. Yes.

I 

13 O. And whose job would that be?

L4 A. Nikki does the serology, which is looklng for the

15 biol-ogicar evidence, and then it woul-d then go on to a DNA

16 analyst, who then does the DNA analysis.

11 O. And you're one of those DNA analysts; correct?

18 A. Yes.

L9 O. So wlth this information, wj-th information about

20 there being blood in a little gi-r1's underwear and

2l information that there was bleeding injury directly where

22 the staining of that blood was in that littre girl's

23 injuries, specifically at the base of her vagi-na

24 A. Right.

f) 25 O. woul-d you take those factors in determining

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 53 of 124
53

1 whether or not it's necessary to test that brood to see

2 whose it is?

3 A. Right. Because like we said earlier, we're

4 Limited on how much how many items we can process.

5 There's in my mind, there was rearly no reason to test

6 bl-ood f rom a pair of panti-es f rom a gir1. There is no

7 reason to think that a suspect woul-d bleed in somebody

8 else's panties, so it's important that the brood that

9 Nikki determined there was blood there because a girl of

10 that age shouldn't have brood in her panties. rf it was

11 an o1der f emale, you may rethink it, but so it' s

12 important that you tested that there was blood there. But

13 there's realIy no reason to go any further to Say, weII,

74 maybe, courd it be the suspect, that's hiqhly unlikelyr so

15 you wouldn't and r don't want to say r say waste,

16 but r donrt mean it in a bad wdy, you don't want to waste

71 a sample anarysis on that when you can be using your

18 resources to do another piece of evidence that might be a

19 1itt1e bit more probat j_ve.

20 O. Okay. And probative might be a good word.

21, Gi-ven the factors that were at your disposal

22 here, the fact that there was blood in a little girl's

23 underwear/ the fact that there was a report from the girl

24 and the mother that that bl-ood was there, a report from

25 two doctors or a doctor and a nurse that there was a

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 54 of 124
54

1 bleeding i-n j ury right in that l-ocation, in your mind as a

2 scientist, as a DNA anal-yst, is it probative to see

3 through a DNA through a DNA exam whose blood that is?

4 A. Right. There's no reason to think it would be

5 anybody's blood other than the victim's.

6 Q. So even with your experience with DNA, you

7 belleve that conclusions can be drawn through other

8 methods other than just DNA; is that accurate?

9 A. Absolutely.

10 O. In this case, what did you examine?

11 A. I exami-ned the fingernails and the scrapings from

L2 Fernando Almanza.

13 MR. LONG: And, your Honor, permission to

14 approach?

15 THE COURT: Go ahead, sir.

16 BY MR. LONG:

t1 O. f 'm showing you Exhibit Nos. 107 and 1-Lt, do you

18 recognize those?

19 A. Yes. This is the report that I generated and

20 my and my notes.

2l O. f 'm sorry. You said this was Exhibit No. !07

22 1s the report you generated?

23 A. Yes.

24 0. And Exhibit No. tL7, what is that?

25 A. These are my case notes.

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 55 of 124
55

1 Q. Okay. So you said you tested f ingernail2 clipplngs and scrapings; is that accurate?

3 A. Yes.

4 Q. TeIl- us whether or not you found wel-L, te11 us

5 if you found any DNA in those fingernail samples?

6 A. Yes, I did.

1 Q. And whose profile did that DNA match?

8 A. Fernando Almanza.

9 Q. And do you know whose fingernails and scrapings

10 those came from?

11 A. They were from him.

L2 O. Is that an expected result?

13 A. Yes.

!4 O. And this may be very very common sense, but

15 why is that an expected result?

16 A. Because they are f rom his body. Many ti-mes we

11 use fingernails as a secondary standard, so we know that

18 there is going to be DNA on fingernails. And it actually

19 was I called it debris. I believe they were scrapings,

20 so you woul-d expect for you to have year old DNA on your

21 fingernail-s and on the underside of your fingernails.

22 O. Okay. And would that include your own epithel-ial

23 cell-s underneath the fingernail-s?

24 A. Yes.

25 O. Did you also find an indicator of dirt or debris

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 56 of 124
56

1 in those scrapings?

2 A. Yes.

3 Q. And that's different than epithel-ial- cel-Is; is

4 that correct, the dirt or debris?

5 A. I didn't analyze what it was really. That's not

6 real1y what my job is, is to declde what the debris is. I

7 j ust cal-Ied it t.hat . When I did my analysis, I swabbed

8 the fingernails and that debris to pick up any DNA that

9 would be present.

10 O. But there was material thatrs not DNA; is that

11 accurate?

12 A. I called it debris. It looked like dirt. I

13 didn't analyze it, though.

L4 O. Fair enough.

15 And you testified previously that dirt 1s

t6 DNA's enemy; is that accurate?

t7 A. Yes.

18 O. Did you find did you have a sample from the

L9 victim in this case, Ada Wilhelmi?

20 A. Yes.

2L O. Were you able to find a profile or DNA in what

22 you tested that matched Ada Wilhe1mi?

23 A. No.

24 O. So not finding DNA from a victim in this case

25 when there's been an allegation that he touched her, you

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 57 of 124
51

1 must certainly be able to conclude that that touch did not

2 happen; is that accurate?

3 A. No.

4 Q. Why j- s that ?

5 A. Just because you touch something doesn't mean you

6 leave DNA behind. I do many, many cases of trace DNA/ and

7 many times I don't get a profile. The absence of DNA

8 doesn't mean that an event didn't occur or somebody didn't

9 touch. Now, Lf somebody's DNA is there, then there's some

10 explaining that has to be done, but the absence of DNA

1l- doesn't mean that something didn't happen.

t2 O. So let me see if I can flush out that. In

13 looking for DNA and in testing DNA, what you're really

74 looklng for is the presence of DNA; is that accurate?

15 A. Yes.

t6 O. Can concl-usions be drawn when DNA is f ound?

11 A. Yes.

18 0. And just give us an example of what types of

79 conclusions can be drawn when DNA is found?

20 A. Wel-I, tf you found if there was like my

2L example earlier, if there was a rape and there was semen

22 in a girl's panties and you found the male suspect's

23 profile, then there's some explaining that has to be done

24 because his DNA shou1d not be in her pant j-es.

25 O. Let's stick with your exam.

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 58 of 124
58

I A. Okay.

2 Q. The f act that semen is not in the panti-es, is

3 that an indicator that the event didn't happen or that he

4 did not ejaculate?

5 A. No. That's not it just means that he didn't

5 ejaculate inside of her. It didn't and I have many

7 cases like that, where it's alleged touching, alleged

8 sexual activity, but there' s no DNA l-ef t behind. And it

9 doesn't mean it didn't happen, it's just I was not able to

l-0 detect anything.

11 O. So 1f there is no weIl, let me are you

!2 familiar with some of the television shows that are out

13 there that talk about forensic analysis and this type of

t4 thing?

15 A. Like CSI-type. Not rea11y.

16 O. At this point, there's so many.

L] A. I don't watch them.

18 O. Are you familiar with them?

79 A. Yeah.

20 O. Generally?

2l A. Yeah.

22 O. Is it your understanding that what you see on TV

23 is what happens in the real world?

24 A. No.

25 O. Wait a minute. TV TV is lying to me?

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1 A. Yeah.

2 Q. So let me ask it this way. The fact that you

3 didn't find any DNA on the defendant's nail clippings or

4 scrapings, is it reasonabl-e to conclude based on that that

5 this man did not touch this little girl sexually or

6 penetrate her vagina?

7 A. I don't I don't know how you can say that.

8 Just like I said earl-ier, just because her DNA wasn't on

t his fingers doesn't mean that the event didn't occur.

10 There was time in betweenr so

11 O. So based on your training and experience, it

L2 woul-d not be reasonabl-e to conclude that?

13 A. Right.

14 O. Based on what you found?

15 A. Yes.

16 MR. LONG: Thank you, ma'am. Those are a1l17 my questions.

18

19

20

21, BY MR. GREEN :

THE COURT: Thank your sir.

Mr. Green?

CROS S -EXAMINAT ION

22 O. So if we follow Mr. Long's logic to its maximum

23 conclusion, if you don't flnd DNA, pretty much anybody

24 could be a perpetrator; correct?

25 A. If you don't find DNA on?

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 60 of 124
60

1 Q. It doesn't mean it didn't happen, you just said

2 thaL?

3 A. Right.

4 Q. We have no indication because there's no DNA as

5 to who did something; right?

6 A. Right.

1 Q. It coul-d be anybody?

8 A. Sure. And that's you know, thatrs why you

9 need evidence other than DNA.

10 O. A11 right. You tal-ked about the panties that you

11 did not test; correct?

72 A. Right.

13 a. And you didnrt test because there it was bl-ood

74 evidence, and I believe, and correct me if I get this

15 wrong, but I bel-ieve you said that there was an j-njury

76 that could explain the blood evidence, and so you didn't

77 think you woul-d find DNA from some other party in the

18 underwear?

t9 A. I didn't believe that the blood would be from

20 anyone other than her.

2l O. Okay. Are you able to get DNA from the blood

22 or would you have been j-f you had tested it, been able

23 to get the blood, DNA f rom the blood i-n the panties?

24 A. Yes.

25 O. And you would have been able to get sufficient

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 61 of 124
61

1 DNA you believe in your experience to determine where

2 that whose blood that was?

3 A. Yes.

4 Q. Okay. Now, what's the difference between

5 determining blood type and determining DNA from blood?

6 A. What do you mean? You mean l1ke the ABO typing?

1 Q. Let's go way back in time.

I A. Okay. You mean ABO typing?

9 Q. Yeah. The days before DNA when forensics was

10 about the blood type as opposed to the DNA, okay?

11 A. Yes.

12 O. Is that a different process than the DNA?

13 A. Absolutely.

74 O. And is bl-ood types still today a val-id piece of

15 evidence that can help in the determination of whether or

L6 not this blood is from a certain person?

t1 A. It can itrs probably a better screening

18 because it's just you have such large percentages of

19 individual-s that can go into each of those categories,

20 l1ke the A or B or O part of the blood. You can have I

2t don't know what the statistics are, but 50 percent of your

22 popuLation can be an A, whereas which was fine in the

23 '80s, but now now with DNA, you can say it's one in a

24 quadrillion, so there's no reason to do that type of

25 testing now for forensics.

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 62 of 124
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1 Q. Okay. So if I understand what you're saying, is

2 that itrs more of an excl-usionary it could be an

3 excl-usionary thing where if the blood and the underwear is

4 the type o and the alleged perpetrator is a type A, it

5 wou]d exclude hlm as possibty being; is that right?

5 A. I would think so.

7 Q. okay.

8 A. r didn't do that was a couple of years before

9 my t j-me, but that. I s my understanding, yeah .

10 o. So if there was DNA on this l-ittre girU s private

11 parts --

L2 A. Yes.

13 O. and she was bleeding into her underwear

14 A. Yes.

15 O. wou]d that DNA let me start that over

t6 again.

77 If there was third-party DNA, somebody

18 el-se's DNA on this littIe girl's private parts --

79 A. Yes.

20 0. not her own, but somebody efse's

27 A. Yes.

22 O. and she was bleeding into her underwear

23 A. Yes.

24 o. by testlng that underwear, would you be able

25 to find and identify that third-party DNA?

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63

1 A. You cou1d if there was enough, yeah.

2 Q. Enough blood or enough DNA?

3 A. Enough DNA. Like r said earl-ier, it's usually

4 about five percent that we need to make that to be able

5 to detect that on our instruments and make that

6 separatlon.

1 Q. okay. So if there was DNA from a perpetrator in

8 this case and you had tested the blood in the underwear

9 A. Yes.

10 O. if you were able to find DNA of such a

11 sufficient quantlty, you could have pretty much identified

t2 who that is; right?

t 

13 A. I could have r could have been able to see if

14 there was male DNA there.

15 O. okay.

1,6 A. rt depending on how much DNA, if there was a

t7 1ot of DNA, I could have ldentified it.

18 0. You had a sample from my client; correct?

t9 A. Yes.

20 o. so that's your known sampre, you knew where that

2l came from?

22 A. Yes.

23 a. And you coul-d have compared that to the DNA in

24 the underwear if there was DNA in the underwear?

25 A. Yes, yes.

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64

1 Q. But testing was never done, wds it?

2 A. No.

3 Q. And was that ever requested?

4 A. No.

5 Q. Was it ever requested by the officer?

6 A. No.

1 Q. And you also made your own determination, based

8 on your training and experience and limited resources,

9 that that piece of evi-dence was not as important as some

10 of the other things that you were testing; is that right?

11 A. I -- in this case, I was instructed by the

72 previous county attorney which items he wanted analyzed.

13 O. okay.

L4 A. Yes.

15 O. You tested we1l, in tota1, it looks like you

16 tested two buccal swabs or buccal11 A. Buccal, yeah.

18 O. f rom my cl- ient ?

79 A. Uh-huh.

20 a. And that gave you your known DNA?

27 A. Yes.

22 O. And you tested two buccal swabs from the victim?

23 A. Yes.

24 O. And you also tested the fingernaifs and the

25 debris ?

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I A. Yes.

2 Q. And your results in your report say that the onty

3 -- in comparing the known samples to the tested samples,

4 like I said, I guess

5 A. Yes.

6 Q that the only common thread in those samples

7 was that we know now for sure that those fingernaj-ls came

8 from my client?

9 A. Yes.

10 O. We don't know anything there was no DNA

11 connection that you were abl-e to f ind between my cl_ient

L2 and Ada?

13 A. Correct.

!4

15

76

11

18 BY MR. LONG:

MR. GREEN: No more questions, your Honor.

THE COURT: Al-1 right, sir.

Mr . Long , red j- re ct ?

REDIRECT EXAMINATION

19 O. You were asked about whether or not anyone

20 requested these items to be tested?

2L A. Yes.

22 O. Do you recaIl those questions?

23 A. Yes.

24 O. In your experience, can defense request for those

25 to be tested?

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1 A. They have access to the evidence. We maintain

2 al-l- the evidence in our frozen storage, and if defense

3 would like to have the evidence analyzed, they can take it

4 and have it analyzed.

5 Q. So that is availabl-e to them?

6 A. Yes.

7 Q. You dj-dn't keep it f rom them?

8 A. Correct.

9 Q. You were asked questions about the defendantrs

10 DNA potentially in being found in this little glrl's

11 panties and whether or not that test could be done?

t2 A. Right.

13 O. And you were glven a very specific fact, and

14 thatrs if his DNA was in there, and I think you clarified

15 that if enough of his DNA was in there, that thatrs true,

L6 you could?

t7 A. Right.

18 O. Correct?

19 A. Right.

20 O. But in this case, the allegatlon is that he put

2l his finger in her vagina?

22 A. Okay.

23 O. Gj-ven that fact, are we talking about potentially

24 trying to find his epithelial- cel-1s in her underwear, is

25 that what we'd be looking for?

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1 A. Right.

2 Q. So your prior testj-mony about epithelial cell-s

3 then apply to this scenario; is that accurate?

4 A. Yes.

5 Q. So then with that, would you expect to find his

6 epithel-ia1 ceIls in her underwear?

7 A. It would be very dif f icult. f 've done a l-ot of

8 the these touch cases in the last two years just

9 because they have been sitting for so long in the Iab.

10 Many labs don't do touch cases like this just because you

11 don't get very good resul-ts, 1f any.

1,2 O. Sorry. Can I stop you there. Did you say that

13 there are labs that actually won't do the testing that he

14 is proposing?

15 A. Right. ,Just because they have not had success

76 getting a male profile just from touching the geni-tal

t1 areas. So 1n the l-ast couple of years I have been doing a

18 1ot of these cases that have been sitting, and I have

19 not the only case that f have gotten that I could

20 actually report out a match is when the suspect licked his

2t fingers pri-or to touching. From the story, he licked his

22 fingers pri-or to touching the gir1, so I was actually

23 getting the DNA. Not from his skin, but from his saliva.

24 0. And that's the only case?

25 A. Thatrs the only case of these touching. I might

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68

1 get a trace amount of DNA from the male, but itrs just

2 you end up having to do a different technology, whi-ch is

3 cal-led Y-STRs, and you're just looking for male DNA. And

4 the statistj-cs are one in two, and the Y profile carries

5 from the whole lineage of the family, so it's

6 Q. Let me see if f can fl-ush thls out a little bit

7 more.

8 Dld you actually keep data on the number of

9 cases where you analyzed or touched DNA?

10 A. Yes. We have that data at the Iab.

11 O. Do you know approximately how many they were?

12 A. I canrt remember.

13 O. Okay. But regardless of the number that you

t4 tested, was it over 50?

15 A. It was it was probably between 30 and

tG 50 cases.

tl O. And of those, only one instance did you fi_nd

18 that; is that accurate?

19 A. Right.

20 O. And based on the story on the facts, you belleved

2L it was from saliva in that case?

22 A. Right. From the from the victim's scenario.

23 O. Does this background that you have related to

24 this type of testi.g, does that instruct why you might not

25 test certain items?

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69

1 A. Yes.

2 Q. Now, I want to ask you about underwear. And you

3 were asked about testing underwear. Are you fami1iar with

4 any instances or any research or studies that rel-ate to

5 the testing of underwear?

6 A. For?

7 Q. For male DNA or for DNA?

I Speclfically let me ask this question, are

9 you familiar with a study related to the testing of brand

10 new, newly bought underwear for DNA?

11 A. I'm sure therers a study. I am not I haven't

t2 read it, so

13 O. Based on your training and experience, 1s it

L4 possible that DNA from workers who work in a plant where

15 underwear is put together and packaged, is it possible

16 that their DNA could be found in underwear or underwear?

t1 A. I'm only going by what we've had in the lab.

18 Some of our they are cal]ed Microcon cups. They are

L9 filters. Some of those that we have gotten in the lab

20 have had prof il-es of them, and they are supposed to be in

2L a cl-ean environment. And they traced it back to a worker.

22 That' s al-l- f 'm basing my opin j-on is is anything that' s

23 mass produced, if they are not wearing hair nets, fldsks,

24 gloves, then there is the potential.

25 I don't know about underwear, though. I

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70

I haven't f haven't read any studies on that, but for

2 other for other pj-eces of equipment that we've used,

3 there has been DNA from the factory worker.

4 Q. So the old adage regardj-ng whether or not you'd

5 expect to find the defendant's touch DNA, in this case,

6 littl-e gj-r1's panties

7 A. Right.

8 Q would you expect to find that?

9 A. I would not suspect that it would be there. It

10 would be very it would be highly unl-ikely that his

11 the DNA from a finger is going to be enough that I can

72 detect it over her not only the bl-ood, but al-so the

13 epithel-ial- cell-s that a girl will always have epithelials

14 because j-t's a vaginal mucous lining that goes into the

15 panties, so you have that, too. So you almost have twice

76 as much DNA from the female working agal-nst the amount of

Ll DNA you're going to get from the finger.

18 0. So if I heard you correctly, you've got two

19 different problems with finding DNA?

20 A. With the female panty.

27 O. And one of those is the fact that 1t would be

22 unexpected or unlikely to even get some touch DNA or skin

23 celIs from another person in those panties, that's one

24 issue; is that accurate?

25 A. Right.

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1 Q. But did I hear you that the second issue is that

2 there woul-d be so much of the person who j-s wearing the

3 panties, in this case the four-year-o1d gir1, that would

4 overwhelm any DNA that might be there; is that accurate?

5 A. Right. So itrs real1y a deduction. That's

6 really what it comes down to. I can only detect so much,

7 so

I Q. And is this the reason why you cannot make

9 conclusj-ons based on the lack of the presence of DNA; is

10 that accurate?

11 A. Right.

72 O. And so it would not be reasonable to conclude

13 that something didn't happen because of your non-finding;

t4 is that accurate?

15 A. Riqht.

L6 O. And you testified ear1ier that even as a

Ll scientist, as a person trained in dealing with DNA, that

18 you do hold the opinion that you can make concl-usions

19 about things based on other factors other than DNA; is

20 that accurate?

2t A. Absolutely.

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

23 THE COURT: Mr. Longr mdy this witness be

24 excused?

25 MR. LONG: Yes, your Honor.

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12

THE COURT: Mr. Green?

2 MR. GREEN: Yes, your Honor.

3 THE COURT: Okay. Ma'am, you are excused.

4 They did invoke the Ruler so prease don't talk to anybody

5 else involved.

THE WITNESS: Okay. Thanks.

7 THE COURT: And the exhibits are ours. I'l_I

I take them. Thank you.

(Witness excused. )

10 THE COURT: Can I see the attorneys up here

11 real quickfy, please?

72 (Proceedings were had outsi-de the hearing of

13 the j ury and court reporter. )

L4 THE COURT: Okay. Mr. Long, the next

15 witness.

t6 MR. LONG: yes, your Honor. State calls

!7 Jackie Hess.

18 THE COURT: Ma'am, 1f you wou]d, a1I the way

19 f orward, pJ-ease. And right over here f irst. we'11 get

20 you sworn in.

2l (The witness was sworn.)

22 THE COURT: Come on over and have a seat,

23 please.

24

25

THE COURT: Mr. Long.

MR. LONG: Thank you, your Honor.

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73

JACK]E HESS,

2 call-ed as a witness herein, having been first duly sworn,

3 was examined and testif ied as foll-ows:

4

5 BY MR. LONG:

DIRECT EXAMINATION

6 Q. Good morning.

7 A. Good morning.

8 Q. wou]d you prease introduce yourself to the jury?

9 A. My name is Jackie Hess, and I'm a family nurse

10 practitioner. r work for phoenix children's Hospital_.

11 0. working for Phoenix children's Hospital, do you

L2 have any particular focus or specialty?

13 A. Right. My speciarty 1s forensics. r have been

L4 on the child protection team slnce there at phoenix

15 childrenrs since 2006. prj-or to that, r worked at cooks

t6 children's Hospital in Fort worth, Texas, for a couple of

77 years doing the same thing. And r started actually in

18 2002 working for St. Patrs Hospital doing sexual assaul-t

19 exams.

20 O. Can you take us t.hrough just some of your

27 education and training that got you to this point in your

22 career?

23 A. Sure. f 've been in the nursing profession for

24 over 30 years. r have an advanced practice degree. I

25 have my Master's in nursing, and ilm Board certlfied as a

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 74 of 124
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1 family nurse practitioner. f've been doing child physical

2 and sexual- abuse s ince 2002 .

3 Q. TeIl us would you tell us generally what

4 what a day looks like for you as a forensic I'm sorry.

5 I want to get your title rlght. I know you're a nurse

6 practitioner. You said as a forensic cou1d you give us

7 what you are again?

8 A. Right. I'm on the child protectlon team there at

9 the Phoenix Children's Hospitalr so we have on staff three

10 pediatrj-cians and three nurse practitioners, so we're

11 considered the forensics team for child abuse. So we

t2 actually have our office downtown at Child He1p, whlch

13 Phoenix Police Crj-mes Against Children are upstaj-rs and

L4 downstairs.

l-5 We're located with the CPS and mental16 health, so when the children come into the Child Advocacy

tl Center, it's like a one-stop shop. They can come in for

18 their lnterview and their physical exam and everything is

19 taken care of at one time.

20 We do cover Mari-copa County and part of

2t Pinal County, so we do travel to the other advocacy

22 centers in Maricopa County and down to EIoy.

23 O. I'd like to talk a l-ittle bit about your

24 experience in dealing with children. Do you have a

25 particular accreditation or anything that all-ows you to

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75

1 see children?

2 A. I'm a family nurse practitloner, so I can see

3 chi]dren as well as adults. But I have taken extensive

4 trainj-ng in chil-d and sexual physical abuse, and I'm

5 certified as a SANE examiner, and f'm also Board certified

6 as a family nurse practitioner.

7 Q. I'd like to talk to you generally about the area

8 of sexual- abuse in children, specifically in females?

9 A. Riqht.

10 O. You talk about the how common it is to find

11 to get medical- findings related to sexual abuse?

t2 A. Typically looking at children, in my experience

13 and what I've been taught , tf you have a hundred children

t4 and they all have allegations of sexual abuse,

15 approximately five out of that hundred are actually going

L6 to have physical evidence indicatj-ve of sexual abuse. So

11 95 percent of the kids that come in with the allegations

18 of sexual abuse, their exams are completely normal.

19 A. And do those normal- exams indicate to you that no

20 abuse occurred?

27 A. No. A normal exam does not mean that something

22 didn't happen. It just means that we cannot physically

23 see anything. Now, the reason for that is typically

24 children typically they don't disclose right awayr so

25 by the time we do see the children, there's been time

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 76 of 124
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1 that's passed, and so there is no physical- findings.

Al-so, the genital area, the mucosal that's

3 typically injured in sexual- abuse, it heals very fast.

4 Itrs very rapid. The tissue in the genital area is like

5 the inside of your mouth. If you ever bit your cheek, you

5 know within a couple of days, it's healed. And, of

7 course, a 1ot of t j-mes the actual sexual- abuse act,

8 whether it be rubbirg, touchi-ng, does not actually inflict

9 any trauma that we can see.

10 O. You tal-ked about how quickly this area of the

11 body hea1s. Approximately how long woul-d it take f or an

72 injury in the area of the vagina to heal- completely?

13 A. Completely, within a couple of days. Most

74 trauma, 9e Dital trauma, is gone. Aga j-n, it depends on

15 what kind of injury that you know, Lf it was extensive

76 or not, but typically within a couple of days injuries are

t7 gone.

18 O. And does that in j ury l-eave leave scars or

t9 signs generally, in your experience?

20 A. In my experience and knowledge, typically we

2L seldom see any kind of scarring because that tissue often

22 heals completely back to normal where you don't see any

23 type of it, and it doesn't l-eave any type of scars .

24 O. I'd like to talk to you about the concept of a

25 virginity test. Are you familiar just with that concept?

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A. Riqht. Virginity is considered something that

you actualry give away. They are talking about the actual

giving away of their virginity rel-ated to trauma or the

hymen, per say. And the hymen, whlch is a collar of

tissue that surrounds the genital opening going into the

vagina, it's a col-Iar of tlssue that does not cover or

so in actual sexual- penetration, there is nothing to break

or to tear with penetration because again, you stirr have

that opening there.

O. So is there any way to determine, based on the

hymen, whether or not there's been penetration?

A. No. Because the typically the hymen,

especially in your in your pubescent gir1s, girls that

have started their menses or their period, once the

hormone estrogen comes under the hymen the hymen comes

under the influence of estrogen, that it has more of a

capabillty to stretch.

Now, in your prepubescent gir1s, your

younger girls, it still has somewhat an ability to

stretch. The hymen, though, in your prepubescent gir1s,

is very painful if you touch it. Whereas, that pain goes

away once the girls start their menses.

O. Okay. And although a prepubescent girl it might

be painful, if there was a report of a finger penetrating

the hymen, would you necessarily expect to see signs of

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that in a prepubescent girl?

A. Typically when you're thinking about or you,re

examining a chj-ld with sexual- abuse, the most common area

that is that we typically see trauma in in sexual abuse

is the area right bel-ow the hymen called the posterior

fourchette or the posterj-or commissure in your younger

chi]dren. And so with what we ref er to as digital contact

or fingers, yes, they can penetrate the hymen. But

typically 1n those types of contactsr w€ see more

scratches or abrasions.

a. Ms. Hess, I have a diagram. Would you be

comfortabre standing up and explalning the anatomy to the

j ury? Would that be helpf ul in describing some of the

areas that. you're talking about?

A. I think so. Yes.

MR . LONG : With the court ' s permi s s j-on, your

Honor ?

THE COURT : Go ahead r rrd ' am.

MR. LONG: And this is Exhibit No. 101.

THE COURT: There you go.

BY MR. LONG:

O. Ms.

we're seeing

Hess, would you explain

here?

If it's he1pful, please

to us what it is

the screen

stand and point to

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 79 of 124
79

1 A. Okay. Thls is a prepubescent girl, and she 1s

2 she's on her back. She's in the lithotomy positionr so

3 her knees are up. So this is the mons pubis. This is the

4 outside lips that grow hair, which is in your older

5 adul-ts is known as where they grow the hair. And as f ar

6 as the anatoffiy, the outside lips are call-ed the labia

7 maj ora.

8 The smaller lips that you see coming down

t halfway, they are caIled the labia minora. In your

10 younger girls before they start their perlod, they are not

11 fu1ly developed, so they don't come aII the way down as

72 you woul-d see in an adult femal-e.

13 So al-so right up here j-s the urethra.

74 That's where the urine comes out.

15 This right here is the hymen, and this is a

16 crescent. They cal-1 it a crescentic-shaped hymen because

L7 it's shaped Iike a crescent. So this is the posterior rim

18 that we're looking at. And the hymen goes all the way

19 down here.

20 So down in this area right here below the

2l hymen, that area right there is cal-Ied the fossa

22 navicularis, okay. Below that a litt1e bit is the

23 posterior fourchette, or in the younger children the

24 posterior commissure.

25 So then you have the perineum. And then, of

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 80 of 124
80

1 course, down here is the anus.

2 Q. Now, Ms. Hess, you gave us a number of terms.

3 And one of the terms I didn't hear was vul-va. Are you

4 familiar with the term vul-va?

5 A. Vulva is j ust the whol-e external genitalia

6 because you don't get into the internal genital area until

7 you pass the hymen because remember this is that col-Iar of

8 tissue that surrounds the vaginal openirg, but it doesn't

9 cover into the vaginal canal. So the vul-va is your

10 external genitalia.

11 O. And before we show the diagram, you said that

L2 there is a place where is most commonly found injury, did

13 I get that right?

t4 A. Right. And that's right down here. It's cal_led

15 the posterior fourchette and the fossa because typically

16 with sexual abuse with a b1unt f orce trauma, whether it be

L1 with a finger or a penis, when they are attempting to get

18 into the opening of the hymen and the vagina, this is the

t9 area theyrll hit first. And this is the area most

20 commonly injured.

2L O. So my questj-on I think that before that was

22 whether or not a finger could go through the hymen and

23 not not show any injury to the hymen in a prepubescent

24 girl?

25 A. Yes. It's possible the finger can go right in

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 81 of 124
81

1 the hymen. In fact, before we received more sophlsticated

2 type of lab tests, obtained in lab tests, instead of urine

3 tests, we had to do cultures. So we would have to put the

4 swab right directly in without touching the hymen to

5 obtain cultures. So, y€s, you can you know, the size

6 of the opening when you're talking about the hymen does

7 vary a little bit in each chiId, but it doesn't have any

8 significance. But it can be, you know, a centimeter to

9 l-ess than a centimeter in diameter. And, you know, like

10 2.5 centimeters equal an inch. So there is enough opening

11 for a finger to get in.

12 And remember, those tissues, even though the

13 child is prepubescent, Lt will stretch, and you can stiIl

74 get a finger in there without causing any kind of trauma

15 that I could see with the exam.

L6 O. So even if that hymen was stretched a bit, you

L7 woul-d not see any evidence of that stretching; is that

18 accurate?

19 A. Correct.

20 O. And in fact, is it common to see damage to the

2L hymen?

22 A. It is not common. I mean, I hardly ever see

23 trauma to the hymen. Again, like only five percent do you

24 see the trauma.

25 O. Ma'am, have a seat.

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 82 of 124
82

1 Are you famil-iar with cases where there is

2 known penetration and yet no medical f j-ndings?

3 A. Correct. I've had several cases where actually

4 the physical abuse was witnessed contact, and the exams

5 have been completely normal.

6 Q. Are you fami1iar with a pregnancy study that

1 referenced where pregnant girls were examined?

8 A. Right. You mean the study with the 37 girls.

9 Q. Yes, ma'am.

10 A. Okay. Yes. They did a study. so all- of the

11 girls had been sexually or had had sexual intercourse

12 and/or pregnancy, and

13 MR. GREEN: Ob j ecti-on, your Honor, as to

14 the we don't have foundation for this study to be

15 entered.

16 THE COURT: Wel1, the objection is

L1 sustained.

18 Get back on course. Ask another question.

19 BY MR. LONG:

20 O. Sure.

2l So based on your training and experience,

22 penetratj-on does not result in a medj-cal finding; is that

23 accurate?

24 A. That's correct. I've been in family practice for

25 some time, and even with the pregnant females that come in

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 83 of 124
83

1 for their prenatal care, hymen is completely normal.

2 Q. Are you familiar with colposcope, the colposcope

3 instrument?

4 A. Yes.

5 Q. Tell- us what that is ?

5 A. The colposcope is an instrument that we often use

7 f or sexua.l- abuse. It has the ability to illuminate or

I light up specifically the genital area and magnify what

9 you are looking at.

10 O. And is that a common tool that's used in the

11 sexual assault examination?

L2 A. Yes.

13 O. Now, you're here obviously to testify in a case.

L4 Did you personally examine a patient in this case?

15 A. No.

t6 O. What did you do?

L7 A. I was asked to review some photos of a girl that

18 had that had all-egations of sexual abuse, and then

L9 revj-ew some of the documentat j-on that went along with

20 that.

2L O. Okay. The photos that were that you reviewed,

22 were these colposcope pictures?

23 A. Yes.

24 A. Now, when you were given the colposcope pictures

25 to view, approximately how many photos did that entail-?

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 84 of 124
84

1 A. Four. Four pictures.

2 Q. When you were given those those photos to

3 examine, were you given any other information?

4 A. Initiallyr no.

5 Q. So when you first looked at those photographs,

6 you had no additional information; 1s that accurate?

7 A. That's correct.

8 Q. At some point did you?

9 A. Yes.

10 O. But initially you did not?

11 A. Correct.

L2 o. Tel-l- usr if you wou1d, what you observed in those

13 colposcope pictures without any other information?

14 A. Okay. What I observed is that I could tell- that

15 the child had applicatlon of tol-uidine blue, which is a

L6 dye that is often applied to the genital area in females

1,1 or males that have been sexually abused.

18 The reason they put that dye on there 1s to

19 see if there is any kind of microtrauma that you coul-dn't

20 see wlth just the normal eye. So they put the dye on

2t there, then they use KY Je1]y with a gavze, and they take

22 the dye off. rf there is what we call uptake or if the

23 skln still stays blue because the dye is blue itself, then

24 we can actually see the sj-te that's injured because it,s

25 bl-ue. And according to the extent of the injury you can

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 85 of 124
85

1 tell-, you know, how deep it is, how wide it is, how large

2 it is.

3 So what happens with the dye itself, when

4 the upper layers of the skin, the epithelial tissue, when

5 they are removed, scratched off, cut off, rubbed off, the

6 cel-ls underneath will uptake that dye. So the other

7 surrounding cells where the skin is normal, it will be

8 normal, so you can see actually the injury.

9 So in this particul-ar the first photo was

10 just the external- genitalia. I could not see inside

11 closely with the hymen and so forth. The second photo it

L2 did show an area of toluidine blue uptake. It l-ooked l-ike

13 an abrasi-on with a deeper injury in the middle of the area

74 that I was looking at. The thlrd photo did show the hymen

15 and more of an area that it covered. And the abrasion did

76 extend over a l-1ttIe bit more to the left side below the

11 Iabia, l-ef t labia mj-nora .

18 O. In just looking at these photos, did you start to

79 form an opinion?

20 A. Yes.

21 O. TeII us about that.

22 A. Again, I was looking at photos, which j-s like two

23 dimensional, not three, so it appeared to me thatr yesr it

24 was an abrasion. And it looks l-ike to me because of the

25 deeper blue in the middl-e l-ike there was a possible deeper

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 86 of 124
86

I abrasion or laceration there in the midline, so it did

2 you know, when you have that uptake of the dye, it's

3 indicative of trauma to the skin.

4 Q. Were you able to draw a conclusion as to whether

5 or not this lnjury was bleeding at any point?

6 A. I did not see any bleeding in the pictures, but I

7 did al-so see a picture of the underwear which had appeared

8 to be a small blood stain in the underwear.

9 Q. And this injury that you observed is wou1d you

1-0 expect for that injury to leave that type of a blood

11 stain?

12 A. Right. We typically right away, acutely, less

13 than 48 hours, when you have an abrasion like that, that

L4 genital area is very vascular, so it coul-d be considered

15 superficial, but yet it was still significant enough that

76 it did b1eed.

tl A. Approximately tal-k about just the shape of the

18 injury that you observed?

L9 A. The injury was rememberlng the diagram, it was

20 right if you're thinklng about the hymen like a cl-ock

27 face, L2:00 o'clock is up here, 5:00 o'clock down here,

22 the abrasion was below that area at. 6:00 o'clock. It

23 appeared to me in the pictures, probably about a

24 centimeter wide by a centimeter 1ong, more so over to the

25 left part of the patient's body, and it was darker in the

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middle looking like it was deeper

to ask you

as the injury.

diagram assist

I'm going

as far

Would the you in showing where it

is you observed it?

A. Yes.

O. I'm going to ask you to stand again, and I'llshow Exhibit No. 101.

THE COURT: Yes, you may.

MR. LONG: With the court's permission.

BY THE VIITNESS:

A. So the injury, it came down like this, and then

it went over here to the l-eft a little bit and then came

back up. So th j-s whole area here was invol-ved.

BY MR. LONG:

O. And the area that you observed, was that inside

the vulva?

A. Yes. Because when you put l-ike a smal-I child in

what we caII a frog-1eg positi-on when her knees are up and

her feet together, without putting any traction orrr what

we do when we do the exam is we gently take ahold of the

outside 1ips, we'11 pu11 them apart slightly and puII it

towards us. What that does is it opens up so we can see

that hymen because we're looking for injuries inside.

Before we put any traction or take aho1d,

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1 can't see this, you know, because ltrs covered by the

2 outside 1ips. so in order to see it, r woul-d stirr have

3 to put traction. so it's well protected, but it is stirl

4 considered external because it is not into the vagina.

5 Q. okay. You sald it's external- because it is not

6 in the vagina, but is the lnjury you saw inside the vurva?

7 A. Yes. rt is inside the vulva because remember,

8 you've got the outside 1ips, then the inside 1ips, then

9 it's right in here next to the hymen, which is inside the

10 vulva.

11 O. So in order to have gotten that injury, someone

72 or something would have had to penetrate the vulva; is

13 that accurate?

L4 A. Yes, that ' s accurate.

15 o. Now, if someone was to describe the injury on the

L6 labia minora, would you understand why someone would draw

t7 that conclusion?

18 A. Yes.

19 O. Explain that, pfease?

20 A. well-, again, the labia minora are the inside

2t Iips, and they typically come arr the way down on your

22 adul-t f emale. But if you' re looklng at the in j ury and

23 it's coming over more to the l-ef t sider ds f ar as

24 describing terminology, I could see somebody else calling

25 this more the l-abia mi-nora, whlch rea11y typically

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1 woul-dn't be inaccurate . It ' s j ust a dif f erence in the

2 anatomy from a child to a female adul-t.

3 Q. Okay. So even a medical professional that would

4 refer the injury to that side of the l-abia minora would be

5 consistent with what you observed, accurate?

6 A. Yes.

7 Q. Have a seat, please.

8 Now, based on what you observed wellr so

9 you saw the photos, correct?

10 A. r did.

11 O. And what you testified to is some of the things

L2 that you were able to conclusions you were able to draw

13 based on those observations, without any other

t4 information, did you have an idea as to what could have

15 caused this inj ury?

L6 A. Yes. Some type of trauma to that particular area

L1 itself, whether j-t's some type of blunt force trauma that

18 caused that injury, whether it is some type of rubbing,

79 scratching of that area because I could see the upper

20 layer was gone.

2t O. And what you were seeing there, is that

22 consistent with a finger?

23 A. Yes, that would be.

24 O. And based on your training and experience and the

25 common places where sexual abuse is, is this consistent

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1 with sexual- abuse ?

2 A. Yes.

3 Q. And what factors dld you look at in drawing that

4 conclusion?

5 A. The l-ocation of the in j ury and al-so the use of

6 the tol-uidine blue, you know, lighting up the area itself

7 because that area is pretty well- protected, you know, by

8 the outside lips, so you have to get pretty pretty

9 specific and focal to injure that specific area of the

10 body.

11 O. And again, this area of the body generally is

L2 I think you described, is it fairly protected?

l-3 A. It is.

1,4 O. And so if a four-year-old child is playlng,

15 runnirg, walking, riding a bike, is it, again, fairly

!6 protected?

t7 A. Right, it is.

l-8 O. Would you expect a faII to cause this this

t9 injury with no other injuries?

20 A. We do see quite a f ew straddl-e 1n j uries at Child

21, He1p, but most most cases of straddle injury first

22 of all, you always have to start with the hlstory. We1l,

23 what happened, you know, what did your child say. In this

24 case, you know, the child is four, almost five, so she's

25 verbal enough to te1l you.

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AIso in assessing straddle injuries, we look

at was there a witness to the injury itself.

thirdr we Iook at the l-ocat j-on.

And then

With straddle injuries, typically they tend

to be on one side or the other, and they typically tend to

be more on the anterior surface, meaning the outside Iips,

and more to the inside of the groi_n area. Nowr w€ have

seen straddle injuries that have occurred midline, but

there is usually a very good history that goes along with

that, that the child impaled himself or herself onto an

object. That wouId, you know, make sense with an injury

that we're seeing.

O. I'd 1j-ke to talk to you about the possibil j_ty of

a barbed wire causing this injury. Did you ever view a

photo that showed a barbed wire injury?

A. Yes. And frve also cut myself on barbed wire.

O. Okay. Is what you're seeing, what you saw in the

photos, consistent with a barbed wire injury?

A. In my opinion, no.

O. Would it be reasonabl-e to concl_ude that a barbed

wire caused this injury?

A. No.

a. Would

straddling a

it be reasonable to conclude that a that

straddle injury caused this injury?

A. No.

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1 Q. Now, ds a medical professional, as a family nurse

2 practitioner, is it best practices to only l-ook at photos?

3 A. No.

4 Q. What other things would assist you in making a

5 diagnosis or rendering an opinion?

6 A. Wel1, I would I would absolutely want to know

7 what the child said. And in this case, you know, she's

8 ol-d enough to have a forensic interview. She's o1d enough

9 to tel-l her parents and/or the doctor or the police what

10 happened, how did she how she did sustain this injury.

11 And also, I'd want to look at any kind of medical- notes

t2 that were that go along wlth the actual- pictures.

13 O. Okay. And did you request to review those?

t4 A. r did.

15 O. Did you get a chance to review those?

L6 A. r did.

l7 A. And what dld you look at?

18 A. I did review the notes f rom Dr. Kl-ein f rom Tucson

19 Medical Center, and she did indicate about the abrasion in

20 the particular area down here on more towards the left

2L side of the 1abia, below the l-abj-a minora, as she

22 described. She also indicated in her notes that the girl

23 had dlscl-osed about the alleged perpetrator putting his

24 fingers inside and scratching her.

25 Now, on the sexual assault examination kit

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1 or report that was done by the SANE nurse, she al-so

2 indicated during her exam that she took a Q-tip, and she

3 was touching different parts of the little girl's

4 genitalia and asking her where she was touched. And she

5 did indicate that she was touched where the injury was

6 located.

1 Q. Does this information assist you in offering an

8 opinion?

9 A. Yes, because the history is consistent with the

10 injury that I reviewed.

11 O. Okay. So if I'm correct, 1n looking at the

72 colposcopes on1y, the injury itself did provi_de you some

13 informationr correct?

L4 A. Yes.

15 O. And you testified earlier what you saw you

16 bel-1eve was consistent wlth sexual- abuse, correct?

t7 A. Right.

18 O. And that was without the report?

79 A. Correct.

20 O. But that the reports now, based on the history

27 and the other information, conflrmed some of the

22 conclusions that you had drawn in only looking at the

23 photos, correct ?

24 A. Right. The other part of that is, you know,

25 there was nothing 1n the medical hlstory from the mother

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1 that was noted in the report indicating any type of

2 medical or reasons, causes, why she wou1d have an abras j-on

3 in that genital area. There was no history of any

4 scratching or urinary tract infection or anything else to

5 provide reason why she would have that finding.

6 Q. Let me tal-k about this, is there are there

7 some medj-cal conditions that could explain an injury such

8 as this?

9 A. Sure. Sometimes you can have infections,

10 discharge in the genital area that can irritate the skin

11 and, you know, cause the s k j-n to slough of f and become

L2 irritated. Also, some type of tight clothing or rubbing

13 or somethlng coul-d also, you know, remove the upper

l4 layers, sor you knowr drr irritat j-on, inf ection , and/ or

15 trauma can cause an injury.

t6 O. Are there other thlngs that you would expect to

l7 see if it was this type of a medical condition you

18 descrlbed?

t9 A. Yes. I would expect that there would be a

20 medical history to go along to explain why I'm seeing what

2t I'm seeing, to explain that finding, orr you know,

22 something else as far as the clothing, some klnd of

23 description. The underwear was very tlght orr you know,

24 too smal-l or something, which there was no note of that.

25 In fact, the underwear was brand new, if I remember right.

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1 Q. Tal-k about again this medical condition, are

2 there other would you expect to see an injury in other

3 parts of the body as weII or some symptoms?

4 A. Right. You know, there are other medical

5 conditions that can cause the upper layers of the skin to

6 slough off or become irrltated, but you usually see other

1 findings associated with that and a history to go along to

8 support that.

9 Q. Okay. So in this case, with all the factors

10 taken into consideration, is it reasonable to conclude

1-1 that this in j ury was caused by another medicalL2 explanation?

13 A. By another medical explanation?

14 O. By a medica1 condition or ill-ness that you just

15 described?

L6 A. No. My conclusion that it was/ you know, caused

11 from trauma.

18 O. Are you famil-iar with instances of could you

L9 tal-k about children touching their own bodies?

20 A. Sure. Chlldren, especially around the age of

2L five or six, four, five, six, even younger, it's not

22 uncommon for them to touch their genitals or masturbate.

23 That's a common thing that happens in young children. But

24 typically when children are touching themselves, they are

25 not touching themselves enough to cause lnjury. ft's

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1 usually a self-soothing behavior or it feel-s goodr so we

2 typically don't see injuries from them just touching

3 themsel-ves.

4 Q. Okay. What about a child that was if they

5 were to demonstrate or show where someone else touched

6 them, woul-d you expect that to leave an injury?

1 A. No.

B Q. Why is that?

9 A. WeII, because in my experience, and Irve examined

10 thousands of the chil-dren with injuries, especially acute,

11 it's already sensitive and sore, so they are not going to

72 go jabbing and touching that area if it's already hurting.

13 So most of the time they are just, you know, pointing to

1,4 that area. But I've never, ever had a kid point to an

15 area to the polnt that they hurt themsel-ves or that area.

t6 O. In this case did you have specific evidence to

11 indicate that the child would not have caused this type of

18 inj ury?

19 A. Well, I did note it on the the SANE report

20 because f'm always kind of curious with, you know,

27 abrasions and that or history of itchirg, scratching,

22 whatever. She indicated the chil-d's nails were polished,

23 well-groomed, and they were very shortr so it wasn't

24 consj-stent, you know, with long nails scratching.

25 O. Is there anything about what you reviewed with

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the photos, the report, anythlng that you reviewed that

would make this injury inconsistent with a finger

penetratlng this little girl?

A. No, not that f can think of.

MR. LONG: Thank you.

THE COURT: Okay. Thank you, Mr. Long.

Mr. Green?

CROS S -EXAMINAT ION

BY MR.

o.

GREEN:

that five

When you first started testifying, you testified

out of a hundred something?

Chi ldren .

Can you restate that for me?

Sure. Approximately five percent of the time

wel1, like if we had a hundred children, only five out of

the hundred typically woul-d have any injuries indicative

of sexual abuse. Most of the time there are no injuries.

O. Now, this may be an obvious question, but if

there j-sn't any sexual- abuse, are there injuries?

A. If there isn't any allegations of sexual_ abuse?

O. If there 1s no allegation of sexual abuse or if

there is no sexual abuse, are there injuries?

A. I've never realIy examined a child with no

alregations of sexual abuse. Now, there have been other

children examined by other physicians, and they note

A.

o.

A.

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1 uncommon findifl9s, and they've been brought in with no

2 allegations of sexual- abuse. And the majority of the time

3 it's related to other medical causes.

4 Q. Okay. But you wouldn't expect to find an injury

5 in someone who had not been sexually abused, who had no

6 A. Vflith no

7 Q. With no trauma?

8 A. No disclosure of sexual abuse?

9 Q. Right.

10 A. Most of the time and it's what I toLd the

11 parents, when ilm interviewing them, r usually tell- them

1'2 that most likety the exam is going to be normal. And r

13 give them the reasons why. But normal doesn't mean that

14 something didn't happen. The most important part of the

15 sexual abuse investigation is the interview, what the

L6 child said.

t1 O. Does normal mean that something did happen?

18 A. No, it doesn't.

19 o. Are there any other causes other than a finger

20 that could have caused this injury?

21 A. tl[el]-, it coul-d have been done with, you knowr do

22 object. You know, anything that's going to cause blunt

23 force trauma enough to erode those upper tissues or cause

24 that abrasion.

25 o. so

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even though it's not consistent wlth

Yes.

Now, you said that generally there is medicalself-pleasuring or self-touchirg, it could have been

self-inflicted? There is a possibility that it could have

been self-inflicted?

A. It's possible.

O. And even though i-t's not very 1ikely, as you

stated that there was an j-njury, either a straddle injury

or some other form of bl-unt force trauma by an accident or

an injury of some sort, it is possible that that could

happenr correct?

A. It's possible.

O. And this is an external part of the femal_e

anatomy?

A. Correct.

O. So even though you stated that it's well

protected, it's stil1 only about one layer deep, right?

A. Correct.

O. And so some ob j ect coul-d f easibly get in there

and cause that damage if she felt just the rlght way?

A. An object, yeah, ftnger, penis, any type of

obj ect, uh-huh.

O. Okay.

A.

o.

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t history that goes along with certain types of injuries

2 that are not associated with sexual- abuse?

3 A. Certain type of medi-caI conditions, yes.

4 Q. That could cause

5 A. That are commonly thought to be abuse, yes.

6 Q. But that coul-d be not abuse, but could have been

7 a medical condition that caused this type of an injury?

8 A. Correct.

9 Q. So if that medical condition was not reported,

10 there wouldn't be a medical- historY, correct?

11- A. Right.

L2 O. Or if that medical- condition just happened or

13 just occurred recently and wasn't picked up by the

14 doctors, there woul-dn't be a medical history either?

15 A. But there would you would have the observatj-on

t6 or the or the during your exam enough information if

t7 you were going to say it was a medical cause to make that

18 determination.

19 O. When you say blunt force trauma when I think

20 of bl-unt force trauma, I think of a baseball bat to the

21. head.

22 A. Right.

23 O. Is that a medical term r or is that a term of art

24 in the medical community?

25 A. WeII, it's used as an explanation. And in thls

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case, with the abrasion, it's like microtrauma because

it's you know, you had to have some type of contact,

friction, injury enough to cause that disruption of the

skin and enough to cause bleeding, so something came in

contact with that particular part of the body enough to

cause inj ury.

O. If an injury wasnrt blunt force trauma, what

are what other cl-assification would it be? Are there

other types of injuries other than blunt force trauma?

A. Wel-I, sure. I mean, tdlking about physical

abuse, in general, there' s other inj uries .

O. WeII, I am not

A. In the genital area?

O. No, just in general injuries. Irm looking for an

understanding of that word, blunt force trauma?

A. Well, that's what we commonly use in describing

sexual abuse as far as trauma to that to the genital

area.

O. Okay. Is that a

A. Just meaning that there's blunt force trauma

against those tissues. There has to be contact enough to

disrupt the skin enough to break the skin, so it's stil1

bl-unt f orce.

O. I'm sorry.

A. f'm sorry.

We canrt talk over each other.

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1 Q. And T interrupted you, so I apologize.

2 It doesn't necessarily mean that it's like a

3 direct hit like this, it could be a sride or it could

4 be f mean; is that correct?

5 A. we11, r wasnrt r wasn't there to know exactry

6 how it happened, but as far ds, you know, causing an

7 injury, sure, you can have rike glancing bl-owsr ox you can

8 have direct, but there still has to be contact, direct

9 contact.

10 O. And al-l- of those different types of contact would

11 be categorized as blunt force trauma; is that correct?

t2 A. Yes, in describing it.

13 O. All right. Thank you.

74 Did you based on the picture, were you

15 able to tel1 the size of the injury?

76 A. Well, in the picture, it appeared to me to be

71 larger than what the SANE nurse described. Again, just

18 looking at it. But it was a two-dimensional- picture. But

79 it l-ooked, you know, about a centimeter by a centj-meter in

20 diameter and length. But r know that she noted on her

2L notes that it was a little bit l-ess than a half of a

22 centlmeter. But again, your colposcope pictures are

23 enlarged.

24 o. Right. And so scale may be off if you're rooking

25 at a plcture as opposed to the actual?

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A. Correct.

O. In looking at the injury, is 1t possible that

that injury, however remote, is it possible that that

injury could be caused through the underwear without

damaging the underwear?

A. I did see the underwear. There was no kind of

tears or anything to the underwear.

O. That's not that's not my question.

My question is, is it possibl-e f or that

injury that you saw in the picture to have occurred

without golng inside the underwear with a trauma, blunt

force trauma, that occurred through the underwear or that

was caused outside of the underwear?

A. Yes.

MR. GREEN: Thank you. No more questions,

your Honor.

THE COURT: AI1 right. Mr. Longr dny

redirect ?

MR. LONG: Yes, your Honor.

REDIRECT EXAMINATION

BY MR. LONG.

O. Ms. Hess, is there any there were some words

that were us ed . Pos s ibl-e ?

Uh-huh.

Are certain things possible, however remote?

A.

o.

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Right.

0. Was there any evidence of those other

possibilities?

A. No. There was no mention of any straddle inj ury

or other injuries, like I said, or medical reasons or

history of scratching or infections or anything 1j-ke that

to make me question other possible causes or explanation

for the inj ury.

O. And as a sc j-entist, will you ever say that is

it difficult to say that there are not possibilities that

are out there?

A. That's correct.

O. Explain that?

A. WelI, you can't sdy, you know, a hundred percent

that it was I mean, that there is not another

possibility. There' s always i-t' s possible that

something else could have happened Iike again, because

I wasn't there, but looklng at the history, the

disclosure, and the evidence that I see, that's the most

1ike1y reasonable explanati-on f or the in j ury.

O. Okay. The most 1ike1y reasonable explanation,

and that is a finger?

A. Correct.

O. Consistent with the disclosure, correct?

yes.

A.

A. Very consistent,

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1 Q. Again, you were asked questions about the

2 underwear and whether itrs possible that this type of

3 injury could somehow go through the injury or I'm sorry

4 -- go through the underwear, the cloth of the underwear,

5 and cause this injury. And you said, sure, you suppose

5 it's possible, is that

7 A. VrIeIl, right. I mean, you know, you could stiIl

8 take some type of an object, whether it's a finger or

9 something else, and put it or place it against the

10 underwear, push against the underwear into the genital

11 area and stil-1 cause in j ury.

12 A. Okay. But is it reasonabl-e to concl-ude that

13 that's what happened?

L4 A. No. I mean, you've got the history is that it

15 was she said he took her panties off and he put his

16 fingers inside and scratchedr so I mean, that's very

L1 consistent with the lnjury.

18 O. And again , of al-l- possibilities that Mr. Green

L9 suggested that you you conceded are might be

20 possibl-e, is there any evidence of those?

27 A. No evidence.

22 O. So one would have to guess about a fact in order

23 to conclude that; is that accurate?

24 A. Thatrs accurate.

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

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THE COURT

2 wt-tness be excused?

Okay. Mr. Long, mdy this

Yes, your Honor.

Mr. Green?

Yes, your Honor.

Thank you very much, rtrd ' am. I

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MR. LONG:

THE COURT

MR. GREEN

THE COURT

7 need to teIl you before you leave, the RuIe was invoked,

8 so you can't talk to anybody else involved in the trial9 except the attorneys until we're done.

THE WITNESS: Okay.

THE COURT: Thank you. You can't talk about

t_0

11

72 the case, otherwise you can talk all you want. Sorry

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79 with the jury, right?

(Wltness excused. )

THE COURT: Mr. Long, that's it?

MR. LONG: I have no more witnesses for

THE COURT: Other than the wellr w€ have

MR. LONG: Correct.

THE COURT: Okay. And you agree, Mr. Green?

MR. GREEN: Yes, your Honor.

THE COURT: WeII, ladies and gentlemenr €rs I

24 told you this morni.g, we're going to recess/ and we're

25 actually not going to start again until- Monday. Please be

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1 in that jury assembly room by quarter to 9:00 on Monday.

2 And once again, we'11 do our absol-ute best to get you up

3 here by 9:00 o'c1ock in the morning.

4 Now that you have a long weekend and you've

5 heard a lot of testimony, there's probably even more

6 pressure f rom f amily and f riends to tal-k about it. Pl-ease

7 donrt. PIease remember that admonition. Please don't

8 discuss it with anybody. This case will be given to you

9 soon enough for your deliberations, and then you'11 get to

10 talk al-I you want.

11 Okay. I see a hand. Yes, ma 'am.

t2 A .IUROR: I just want to know for employment

13 purposes, do we think the trial will go longer into

L4 Wednesday r ox are we still looking at finishing on

15 Tuesday?

76 THE COURT: As I told you in voir dire, I

l7 really think we'11 be able to give it to you Monday, but

18 even if we can't, we know we'l-I be done by Tuesday at the

L9 latest. If we are not, I'm never mind. We should be.

20 There shoul-dn't be any problem at all. I havenrt heard

2! any differently from the attorneys, talklng about the

22 potential witnesses. I don't think that's changed at all-.

23 Okay. Again, anything else further?

24 MR. LONG: No, your Honor.

25 THE COURT: Sir?

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 108 of 124
108

MR. GREEN: No, your Honor.

THE COURT: And another sir?

3 MR. KOHLER: No, your Honor.

4 THE COURT: Thank you. Enjoy the long

5 weekend, folks. I'l-l_ see you Monday.

6 (The fol-rowing proceedings were had outside

7 the heari-ng and presence of the jury. )

I MR. LONG: Judge, just want to get the court

9 and Mr. Green's permission r suppose r may not need Mr.

10 Green' s permission, but Mr. Kohl-er may not be avai_l-abre

11 next week. The onry thlng that potentially j_mpacts is if

L2 we need rebuttar witnesses that he examj-ned, asking the

13 court's permission to al-l-ow me to do that. r don't think

L4 that's an issue 1egal1y or otherwj-se. rt only pertains to

15 the specific direct and then rebuttal or objections, but

L6 just want to bring that to the court's attention, Mr.

l7 Greenrs attentionr so no potential issues regarding that.

18 THE COURT: Mr. Green can object, and I'I1

79 be happy to rule on it. Don't worry about it.

20 Vflhat else? Mr. Green?

2L

22

23

24

MR. GREEN: No objection, your Honor.

THE COURT: Attorneys, anything el_se?

MR. LONG: No, sir.

THE COURT: Okay. Thank you very much.

f do want to tell you, I ended up agreeing l2s

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 109 of 124
109

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3

4

5

6

7

8

9

10

11

L2

13

t4

15

t6

t1

18

79

20

2L

22

23

24

25

to start another trial on Tuesday. It

this one happens to spil1 over. Okay.

won t t.

MR. LONG: I hope it

taking a verdict, at the l-atest .

THE COURT: There's

be made on that side of the room.

MR. LONG: Even with

think.

Monday morning. Thank you.

(The proceedlngs were adjourned. )

can be delayed if

Hopefully we

'Il- just be a matter of

decisions that have to

those decisions, I

THE COURT: You never know. See you al-1 on

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 110 of 124
110

1

2

3

4

5

6

7

8

9

10

11

1-2

13 2074.

t4

15

L6

71

18

t9

20

27

22

23

24

25

CERTIEICATE

T, MICHELLE L. WELLNER, CR, RPR, do hereby

certify that the foregoing pages constitute a ful-I, true,

and accurate transcript of the proceedi-ngs had in the

foregoing matter, all done to the best of my skj-Il and

ability.

WITNESS my hand this 26th day of February,

uc^-a-L ),-t, & W-0-L/u4

MICHELLE L. WELLNER, CR, RPR

Certifled Reporter +507 42

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 111 of 124
#

45 tll - 4;19

481r1 - 86:13

absorb 1r1 - 28:20

abuse pal - 74:2,

74:11,75:4,75:,8, ADMITTEDtrt-3:18

75:11,75:14,75:16, admonitionpl75:18, 75:20,76:3, 37:12, 107:7

adjournedtrl- 109:12 56:5, 56:'t3

admitted trt - 12: 1 9 analyzed p1- 29:7 ,

#50742t2t- 'l:22,

1 10:15

'80s 111 - 6'l:23

50 tsl - 61:21, 68:14,

68:16

59 frl- 3:9

76:7,78:3,78:4,

80:16, 82:4, 83:7,

83:18, 89:25, 90:1,

93:16, 97:17, 97:19,

97:20,97:21,97:22,

97:24, 98:2, 98:8,

98:15,100:2, 100:5,

'100:6,101:11,

101:17

abused tzl - 84:17,

98:5

acceptable tal - 16:4,

16:15,50:24

accepted tal - 15:20,

16:13, 21:11 , 21:19

access 1r1 - 66:1

accident nl - 99:9

according 61 - 84:25

accreditation Irl -

74:25

accreditations 1r1 -

50:1 8

accurate 1sr1 - 41:20,

42:19,43'.10, 44:22,

44'.25,46'.1, 48'.15,

49:12,49:21 ,54:8,

55:2, 56:11, 56:16,

57:2,57:14,67:3,

68:18,7Q:24,7'l:4,

71:1Q,71'.14,71'.20,

81:18, 82:23, 84:6,

88:13, 88:14, 89:5,

105:23,105'.24,

1 10:9

acidttl- 40:24

acquire tll - 49:2

acquired 1r1 - 32:5

acttrl - 76:7

actively lrl - 40:4

activity 111 - 58:8

actual tat - 10:10,

31:'13,31:14,76:7,

77'.2,77'.7,92:12,

'102:25

acute trl - 96:'10

acutely lrt- 86:12

Ada rrrl - 4'.10, 12'.18,

18:23, 19;25, 26:9,

27:10,27:11,28:1,

56:19, 56:22, 65:12

Ada's trl - 33:20

adage nl - 70:4

adding 1r1 - 7:8

additional nt- 84:6

adhere trl- 46:19

adultt+t -33:8,79:12,

88:22,89,'2

adults tzl - 75:3, 79:5

advanced 111 - 73:24

Advocacy p1 - 74:16

advocacy y1 - 74:21

affix nl - 28:5

age I3l - 33:23, 53:1 0,

95:20

agency 1r1 - 26:1 7

ago Irl - 45:7

agree I1t - 106:21

agreeing 1r1 - 108:25

ahead 1t1 - 14:15,

19:6, 19:8, 20:2,

26:21,27:14,27:17,

28:1 0, 31 :1 9, 54:1 5,

78:1 8

ahold tzl - 87:21,

87:25

allegation 1e1 - 56:25,

66:20,97:21

allegations t6l -

75:14,75:17, 83:18,

97"20,97'.24,98:2

alleged p1 - 58:7,

62'.4,92'.23

allowtrl - 108:'13

allowed tzl - 6:21,

34:2

allowing 111- 't2:15

allows trt- 74:25

Almanza p; - 4:4,

11:2, 11:17,37:16,

54"12,55:8

ALMANZAIrl- 1:6

almostlzl - 70:15,

90:24

ALS t2I - 30:22,30:24

alternatetsl -22:21,

23:4,24:14,30:25,

31:5

American 111 - 50:21

amountlsl - 5:13,

68:1, 70:'16

amounts nl - 48:19

analatl- 20:25

analysis tzl - 22:6,

47:11,52'.10, 52:'16,

53:17, 56:7, 58:13

analyst 6 - 18:8,

33:5, 39:15, 41:4,

51:23, 52:16,54:2

analysts 1r1 - 52:1 7

analyze tsl - 39:2,

64:12, 66:3, 66:4,

68:9

analyzing 121 - 39:3,

39:4

anatomy t4l -78:12,

79:6, 89:2, 99:14

ANDpI- 'l:2

answerlrl - 20:8

anteriorlrl - 91:6

anus trl - 80:1

anytime pl - 47:1,

47:3

apartg- 87'.22

apologizelrl - 102:1

Appeal tzt - 1:6,'l:21

appear(l- 12:4

appeared tal - 85:23,

86:7, 86:23, 102:16

apple trl - 25:8

application 1r1 - 84:15

applied trt - 84:16

apply 1r1 - 67:3

approach 1r1 - 54:14

appropriatelsl - 6:14,

6:'19, 10:8

areat€l -23:4,24:13,

24:16,31:4,75:7,

76',2,76:4,76'.10,

76:12,78:3,78:5,

79:20,79:2'1,8Q:6,

80:19, 83:8, 84:16,

85:'12, 85:13, 85:15,

86:'14,86:22,87:14,

87:'16, 89:16, 89:19,

90:6, 90:7, 90:9,

90:11,91:7,92'.20,

94:3, 94:10, 96:12,

96:14,96:15,

101:13,101:18,

'105:11

areastsl -23:2,23:5,

23:7,23:17,23:22,

30:23, 31 :9, 67:17,

78:14

argument tsl - 5:3,

5:9, 10:9

ARIZONAIzl - 1:1, 1:3

Arizona 1n; - 1'.10,2:4,

39:13,50:17

arrangements 11l -

12:.7

arttrl - 100:23

articles p; - 28:15

ASCLD y; - 50:21

assaultt35l - 17:6,

17:8, 17:17, 17:18,

17:20, 17:23,17:24,

18:1,18:6, 18:7,

5

6

1-1-9 nt- 12:'15

'l01tzl- 78:'19,87:8

103 Irt - 3:1 3

107 tzt - 54:17 , 54:21

108111 - 19:20

10:30 trt - 37:11

111 t2t- 54i17, 54i24

119 fst - 6:16, 6:17,

6:22,12:16, 13:11

12 tsl - 26',2 , 26:1 1 

,

30:1 9

126 Irt - 6:15

1268 trl - 25:1 9

129 trt - 19:9

12:00lrt - 86:21

131t1- 41:7,42:5,

42:9

14 trt - 3:6

'151t'1- 40'.2

1S-minute trl - 37:3

1860-2 111 - 26:1

1860-2.121t7 - 25:24

2.5 111 - 81:10

20 lrt - 37:1 0

20-year-old 1r1- 34:8

2002121- 73:18,74:2

2006111 - 73:'15

2013 trt - 1:11

2014y; - 110:13

24tzt- 48'.9,48:22

25trt-39:24

26thtrt-110:12

6Ut-27:24

65 nt - 3:10

6:00 tzt - 86:21 ,86:22

73ttl - 3:12

87 tzt - 29:3, 29:18

8:341r1 - 1:11

9ttt- 10:24

92 lat - 30:1 0, 30:1 5,

30:20,31:12

95 111 - 75:17

97 lrl - 3:1 3

9:00 tzl - 107:1, 107:3

a.mtrt- 1:'t1

ability t+! - 46:8,

77:19,83:7, 110:11

able tzsl - 21'.3, 34:18,

42:11, 42:15, 45:2,

45:21, 49:3, 56:21,

57:1, 58:9, 60:21,

60:22,6Q:25,62:24,

63:4,63;10, 63:13,

65:'11, 86:4, 89:12,

102:15,107:'17

abnormal Jr1 - 33:11

ABO tzt - 61:6, 61;8

abrasion trol - 85:1 3,

85:'15, 85:24, 86:1,

86:13, 86:22, 92:19,

94'.2,98:.24, 101:'l

abrasions tzl - 78:10,

96:21

absence t2l - 57:7,

57:10

absolute 1r1 - 107:2

absolutely 1e; - 6:5,

49:23, 54:9, 61:13,

71:21,92:6

7

I

I

A

2

3

3trl - 1:11

30 101 - 8:21, 68:15,

73:24

32ttl - 8:21

34 1r1 - 3:6

37 trl - 82:8

38 ttt - 3:9

4

4tzt-1'.17,30:1

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 112 of 124
18;9,18:11,18:15,

'18:17, 18:22, 18:25,

20:11,20:12,20:13,

20:14,20:21,26:1,

26:2,32:4,32:5,

32:9,32:11,32'.15,

32:'16, 32:20,33:2,

33:7,73:18,83:1'1,

92:25

assembly 121 -37:10,

107:1

assessing lrl - 91:'l

assistt+l - 39:3, 87:4,

92:4,93:7

associate 1r1 - 26:17

associated 121 - 95:7,

100:2

association 1r1 - 24:7

assume 111 - 4:23

attempting 1r1 - 80:17

attention t2l - 108:16,

108:17

attorney tU - 64:12

Attorney lrl - 2:7

aftorneys 1ro1 - 4:4,

8:8,11:1,11:17,

11:25,37:16,72:10,

106:9, 107:21,

108:22

Attorneys 1r;- 2:4

au p1 - 9:18, 10:5

available 61 - 12:'11 ,

5'l:21,66:5,108:10

avoid 1r1 - 11:8

B.S 111 - 15:9

Bachelor6l - 39:12

background 1r1 -

68:23

bad Isl - 11:23,47:6,

53:16

bag 1s; - 20110,20:15,

27:6,27:18,28:3

barbed tsl - 91:14,

91:15, 91:16, 91:18,

91:20

base tzl - 44:7 , 52:23

baseball trl - 100:20

based t22t - 10:14,

11:24,22:1,26'.4,

40'.7,49:6,51:20,

59:4, 59:11, 59:14,

64:7, 68:20, 69:13,

71:9,7'l:19,77'.10,

82:21, 89:8, 89:13,

89:24,93'.20, '102:14

basic g1 - 17:12,

17:16, 18:'12,35:14

basing 1r1 - 69:22

bat nt - 100:20

become 1s1 - 15:7,

94:11,95:6

BEFOREnt- 1:13

beginyl - 12:13

Behalflzl -2:2,2:6

behaviortrl- 96:1

behind 1+1 - 30:5,

44:'14, 57:6, 58:8

belowtzl - 49:10,

78:5,79:20,79:22,

85:16,86:22,92:21

best tst - 32:22, 51:11,

92:2, 107',2, 110:10

better 1r3 - 61 :1 7

betweenFl -29:1'1,

42:10, 48:8, 59:'10,

61:4,65:'l'1, 68:15

big trl - 31:3

biggerlel -22:19,

23.,2

bike trl - 90:'15

biochemistrylzl -

15:9,39:19

biological rzl - 15:1,

52:1 5

bitlul- '13:8, 13:9,

'13:10, '15:4, 53:19,

68:6,74:23, 76:5,

79:22,81:7,81:16,

85:'16,87:13, 102:21

bleed tzt - 53:7, 86:'16

bleeding 1a1 - 34:9,

52:21, 34:1 , 62'.13,

62:22, 86:5, 86:6,

101:4

blood la+t - 15:3,

15:'18, 16:23, 18:5,

18:6,24:5,24:7,

24:9,25:2,25:4,

25:5,25:6,25'.'12,

25:16,28:8,28:10,

28:13,28:15,28:20,

31:14,32:1,32:8,

32:10, 33:10, 33:12,

33:14, 33:15, 33:16,

33:18, 33:24, 33:25,

34:2,34:,3,34:6,

34:7, 35:5, 35:7,

35:10, 35:13, 35:'14,

35:17, 35:23, 35:25,

36:4, 36:7, 40:19,

43:3,47:13, 47'.25,

52:7,52:10, 52'.20,

52:22, 53:1, 53:6,

53:8, 53:9, 53:'t0,

53:12, 53:22, 53:24,

54:3, 54:5, 60:13,

60:16, 60:'19, 60:21,

60:23, 61 ;2, 61 :5,

61:10,61:14,61:16,

61:20, 62:3, 63:2,

63:8, 70:12, 86:8,

86:'10

blows trl - 102:7

blue pt - 22:22,31:7 ,

84:15,4'.23,4:25,

85:12, 85:25, 90:6

blunt pa1 - 80:1 6,

89:17, 98:22, 99:9,

100:19,100:20,

101:7, 101:9,

101:15,101:20,

'101:23,102:11,

'103:11

Boardlzl -73:25,75:5

bodies 1r1 - 95:19

bodily 121 - 15:14,

15'.17

body trol - 16:2, '16:4,

16:12, 17:14,22'.23,

32:24,40:13, 40:25,

41:1, 55:'16, 76:11,

86:25, 90:10, 90:11,

95:3, 101;5

bonds 111 - 47:2

boughtnl - 69:10

box lrl - 20:9

BOYDlrl- 1:13

brand t2l - 69:9, 94:25

breakpl -7:5,7:6,

12:6, 12:12,37:2,

37:9,45:6,77:7,

101:22

breaking tzl - 47:7,

47:19

brietn- 40:22

briefly tzl - 4:8, 11:3

bright trl - 23:1'l

bring ga1 - 1'l :10,

11:13,108:16

broken 1s1 - 40:17,

43:19, 43:22, 43:24,

44:2

broken-down tsl -

40:17,43:22,44'.2

brought t2l - 31:2,

98:'t

brown p; - 20:10

buccal 1al - 64:16,

64:17,64:22

bunch trl- 28:21

bufterflies 1r1 - 27:23

BY trzl - 14:5, 14'.11 ,

19:7,27:16,30:7,

34:17,38:17, 54:16,

59:21, 65:18, 73:5,

78:21 , 82:19, 87:11,

87:15, 97:9, 103:21

calculated 1r1 - 8:9

canal 1r1 - 80:9

candidly 1r1 - 9:6

candy lrl - 25:8

cannot tsl - 49:9,

49:10, 51:12,71:8,

75:22

capability 1r1 - 77:17

cardboard p1 - 20:9

care I2l - 74:19, 83:1

careerfi-73:22

carries 1r1 - 68:4

case Isol - 8:4, 17'.19,

20:23,20:24,21:2,

22:1 ,22'.14, 24:15,

26:9,26:15,26:20,

28:1, 30:18, 32:11,

33:6, 33:21, 35:21,

36:3, 36:4, 36:7,

36:22, 44:'16, 48'.6,

49:8, 49:'19, 50:3,

51:4,52:2,54:10,

54:25, 56:19, 56:24,

63:8, 64:11, 66:20,

67:19,67:24,67:25,

68:2'l,70:5,71'.3,

83:13, 83:'14, 90:24,

92:7, 95:9, 96:16,

101:1,106:12,107:8

cases t14l - 16:3, 36:8,

40:4,40:22, 57:6,

58:7, 67:8, 67:10,

67:18, 68:9, 68:16,

82:1,82:3,90:21

categories nt - 61 :1 9

categorized 1r1 -

102:11

caused 1rs1 - 35:7,

36:7, 89:'15, 89:18,

91.,2'l , 91:24, 95:11,

95:16, 96:17, 98:20,

100:7, '103:4, 103:13

causes tcl - 94:2,

98:3, 98:19, 104:7

causing tst - 81:14,

91:14, 102:6

cavity t1l - 40:15

cell 121 - 40:1 9

cells tlot - 40:12,

40:14, 40:16,40:17,

40:18, 41:1, 41:2,

43:6, 43:9, 43:14,

43:17, 43:21, 43:23,

43:24, 44:1, 44'.2,

44:4,44:6,44:13,

44:14,44:16,44'.21 ,

44:25, 45'.13, 45'.14,

45:17, 45:25,46:4,

46:17,46:23,47:10,

47:11, 48:6, 48:7 ,

48:21, 49:17 , 55:23,

56:3,66:24,67'.2,

67:6,70:13,70:23,

85:6, 85:7

cellularlal -32:24,

33'.4,44:10

Center tzl - 74:17 ,

92:1 9

centers 1r1 - 74:22

centlmeter14 - 81:8,

81:9, 86:24, '102:'19,

102:22

centimeters t1) -

81:10

Central g- 14'.21

certain 1s1 - 31:23,

41:23, 50:7, 61:'16,

68:25, 100:1, 100:3,

103:25

certainly 111 - 57:'l

certifiedlsy -73:25,

75:5

Certified 121 - 1:22,

110:15

certifypl- 110:8

chancetsl - 5:15,

12:7,92:15

changed 1r1 - 107:22

characteristic Irl -

41:23

characteristics 111 -

25'.7

cheektll - 76:5

chemical 121 -25:14,

28:17

chemicals 1s1 -23:10,

23:21,25:3

chemistry 1r1- 39:12

child 1zo1 - 73:14,

74:1 ,74:8,74'.11 ,

75'.4,78:3,81'.7,

81:13, 84:15, 87:18,

89:2, 90:14, 90:23,

90:24,91:10,92:7,

96:4, 96:17, 97:23,

98:'16

Child tgt - 74:12,

74:16,90:20

child's 1r1 - 96:22

Children 111 - 74:13

children ps1 - 74:16,

74:24,75:1,75:3,

75"8,75'.12,75:13,

75:24,75:25,78'.7,

79:23, 95:19, 95:20,

95:23, 95:24, 96:10,

97:12,97:15,97:25

children'stzl -27:21,

c

B

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 113 of 124
35:25

Ghildren's Isl - 73:10,

73:1 1 , 73:1 5, 73:1 6,

74:9

circledlrl - 31:10

clarified U - 66:'14

classes lgl - 39:14,

39:'18,39:19

classification trl -

101 :8

clean 121 - 46:21,

69:21

cleaning trl - 46:15

clear'n-32'.12

clienttal - 63:18,

64:18, 65:8, 65:11

clippings 121 - 55:2,

59:3

clocktrl - 86:20

closelzl -37:4,37:6

closely 1t1 - 85:1'l

cloth U - 105:4

clothing 121 -94:12,

94:22

coaching p1 - 5:5, 5:8

collarlsl -77:4,77:6,

80:7

collectlrl - 32:16

collectedtel - 18:1,

'18:11,21'23,22:2,

22:3,32:15,32:17,

33:2

collecting 1s1 - 1 8:'l 3,

32:6,32:23

collects p1 - 18:17

colorlsl -23:11,25:4,

25:8, 31:10, 35:14

colorless tgl - 23:10,

23:21,25:3

colposcope m - 83:2,

83:6,83:22,83:24,

84:13,102:22

colposcopes nl -

93:12

combination trl -

26:'18

comfortable lzl -

11'.21,78:12

coming 1s1 - 79:8,

88:23,106:'18

commalrl - 27:11

commissurelz; -

78:6,79:24

common [i3l - 42:16,

42:18,46'.15,51:24,

55:14, 65:6, 75:10,

78:3,81:20,81:22,

83:10, 89:25, 95:23

commonly 111 - 80:12,

80:20, 100:5, 10'l:16

community tsl -

1 5:20, 21 :'l 1, 2'l :'l 9,

50:25,100:24

comparet3l -41:14,

41'.15,41:18

compared lrl - 63:23

comparing tsl - 3'l :1 3,

41:'19,65:3

complete trl- 8:4

completely tol -

75:18,76:12,76:13,

76:22,82:5,83:1

conceded trl - 105:19

conceptt2l -76:24,

76:25

conclude tgl - 57:1,

59'.4,59:12,71'.12,

91:20, 91:23, 95:10,

'105:12,105:23

concluslon tol -

25:16, 59:23, 86:4,

88:17, 90:4, 95:16

conclusions fl -

54:7,57'.16,57:19,

71:9,71:18,89:12,

93:22

condition tol - 20;4,

26:25,94:17,95:1,

95:14, '100:7, 100:9,

100:12

conditions tgt - 94:7,

95:5,100:3

conduct l+l - 21 :3,

21:21,22:12,24:19

conducted g- 19:24,

24:20,24:21,25113

conducting trl - 21:6

confirmed lrl - 93:21

connection nl - 65:1 1

considertzl - 12:23,

33:'ll

consideration ttl95:1 0

considered tol - 24:4,

44:12,74'.11 ,77'.1 ,

86:14, 88:4

consistenttl2l -

52:11,89:5, 89:22,

89:25, 91:18, 93:9,

93:16, 96:24, 99:2,

104:24,104:25,

'l05:17

constantly p1 - 43:20

constitutetrl - 110:8

consumed ttl- 22:7

contact tsl - 48:8,

78:7,82:4, 101'.2,

101:5, 101:21,

102:8, 102:9, 102:10

contacts lrl - 78:9

contained 1s1 -20:10,

20:1'1,20:'13

contains lrl - 41 :18

contents trl - 10:7

contexttrl- 4:23

contributorlrl - 45:20

convercations 1r1 -

11:25

Cooks trl - 73:'15

correctFtl - 5:10,

6'.7,7:17, 16:2,

16:18, 16:24, 17:'1,

17:3, 18:14,20:6,

22:10,22:11,25:14,

28:9,31:24,34:11,

34:19,34:20,34:22,

34:23, 4'.25, 35'.1,

35:4, 35:6, 35:8,

35:9,35:24,41:17,

42:17, 52:17, 56:4,

59:24,60:11,60:14,

63:18, 65:13, 66:8,

66:18, 81:19, 82:3,

82:24,84:7,84:11,

89:9, 93:1 1, 93:13,

93:16, 93:19, 93:23,

99:11, 99:15, 99;18,

100:8, 100:10,

102:4, 102:11,

103:1,104:12,

1Q4:23,104:24,

106:20

correctly 1r1 - 70:1 8

corespond Irl25:25

county nl - 64:12

GOUNWnT-'l:2

Gountylsl -2'.4,2:4,

74:20,74:21,74:22

couple trol - 11:21,

16:9,22:23, 45:6,

62:8,67:17,73:'16,

76:6, 76:13, 76:16

course t+l - 5:18,

76:7,80:1,82:18

COURTrgzr - 1:1,4:3,

4'.18,4:22,5:3, 5:7,

5:12,5:17, 5:24,6:3,

6:6,6:11,6:13,6:17,

6:19,7:1,7:3,7:12,

7 :16 , 7'.19 , 7 :21 ,

7:25,8:5,8:17,8:19,

8:25,9:10, 9:14,

9:23, 10:1,10:5,

10:12, 10:21, 10:23,

11:1,11:8,11:13,

't1:16, 13:4, 13:6,

13:12, 13:16,13:19,

13:23,'14:8, 19:4,

27:14,30:4,34:14,

36:11,36:14,36:17,

36:19, 36:24, 37:1,

37:5,37:8,37:15,

37:24,38:2,38:5,

38:9, 54:15, 59:18,

65'.15,71:23,72'.1,

72'.3,72'.7,72'.10,

72:14,72:18,72:22,

72'.24,78:18,78:20,

82:16, 87:9, 97:6,

103:17,'106:1,

106:4, 106:6,

106:11,106:14,

106:17,106:21,

106:23,107:16,

107:25,108:2,

108:4,108:18,

108',22,108'.24,

109:6,109:10

court Isl - 12:5, 37:7 ,

37:2'l ,72:13, 108:8

Court Irl - 'l :22

court's tzl - 9:4, 9:13,

37:22,78:16,87:10,

108:13,108:16

courtroom t2l - 11:18,

37:17

covert4l -8:20,74:20,

77:6, 80:9

covered tzl - 85:1 5,

88:1

CPS tll- 74:15

CR1s1 - 1:2'1,1'10:7,

1 1 0:'t5

cR201 103026 lrt - 1 :5

crackly Irt - 25:9

created trl - 34:19

crescenttzl - 79:16,

79:17

crescentic trl - 79:16

crescentic-shaped trl

- 79:16

Crime 1el - 14:20,

14:21,38:21, 50:3,

50:17, 50:21

Crimes trt - 74:13

criminalistpl - 15:8,

38:24, 39:1, 39:5,

39:11, 39:23

cringen- 47:4

crinkled nl - 30:18

crinkled-up trl - 30:'18

criteria 111 - 50:23

critlcal 121 - 10:1 1 

,

41:.5

Cross tel - 3:6, 3:9,

3:13

CROSS 1s1- 34:16,

59:20, 97:8

Cross-Examination

1s1- 3:6, 3:9, 3:13

cRossEMMINATIONIat34:16, 59:20, 97:8

crotch trl - 24:1

CSl1r1- 58:15

CSI-type lrt - 58:15

cultures 1zy - 8'l:3,

81:5

cups61 - 69:18

curious Irl - 96:20

cut 1zy - 85:5, 91 :16

dadpl - 41:12, 42:7

damage pl - 8'l:20,

99:20

damaging 1r1 - 103:5

dark4-22:22,

23:17,31:1,31:7

darkerlrl - 86:25

data tzt - 68:8, 68:10

date t3t - 26:11,27:8,

30:19

DAYtrl- 1:17

day's1r1 - 12:8

days 1s1 - 40:21, 61:9,

76:6, 76:13, 76:16

dead tnl - 43:,20,

44:20,46:J

deal trt- 35:22

dealing p1 - 47'.14,

48:5,71:17,74:24

debris f4 - 55:1 9,

55:25, 56:4, 56:6,

56:8, 56:12, 64:25

decide 1a1 - 5'l:5,

51:13,56:6

decided trt - 4:13

decisionstzl -'109:6,

109:8

deduction 1r1 - 71:5

deep lzt - 85:1, 99:17

deeper tsl - 43:1 6,

85:13, 85:25, 87:1

defendant lol - 4:4,

6:21, 11:2, 11:17,

12:15,37:'16

Defendant tzl - 1:7,

2:6

defendanfs Ist - 59:3,

66:9, 70:5

defense lal - 4:1 1 

,

5:19,65:24,66:2

definitely tzl - 16:14,

28:15

degree t+l - 1 5:1 0,

39:12,43:13,73:24

delayed 111- 109:1

D

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 114 of 124
deliberations 61 -

107:9

demeanorlrl - 12:20

demonstrate 1r1 - 96:5

denied tzl - 9:20,

10:17

Deoxyribonucleic 1r1

- 40:24

Departmentp -

14:20, 15:7, 15:11,

16:6,16:25, 17'.4,

38:21

Deputy 1ry - 2:4

describe p; - 88:1 5

described 1q - 43:8,

90:12,92:22,94:18,

95:15,102:17

describes 121 - 17:13,

17:14

describing p; - 78:1 3,

88:24, '10'l:16,

102:12

DESCRIPTION rrt -

3:17

description 111 - 94:23

destroying 1r1 - 47:3

destroys 1r1 - 47:2

detectpt - 45'.21,

47:8,49:20,49'.25,

58:10,63:5,70:'12,

71:6

detecting 1r1 - 48:6

detection I1l - 49:9

Detective 61 - 37:20

determination p1 -

50:12, 6'l:15, 64:.7,

1 00:1 8

determinegl - 5:8,

26:5, 42'.14, 49:3,

52:10,61:1,77:10

determined trt - 53:9

determining q -

30:11,51:16,51:25,

52:25,61:5

developed lrl - 79:11

developmentally 1r1 -

't0:8

diagnosis p1 - 92:5

diagraml+1 -78:11,

80:'11, 86:19, 87:4

diameter 121 - 81 :9,

102:20

die 111 - 43:21

difference tsl - 29:.11,

29:20,31:3,61:4,

89:'l

different ps1 - 15'.'14,

15:24, 16:1, 16:12,

1 6:'1 3, 17'.1 3, 28'.20,

28:21,33,21,35:1,

41:8,42:8,42:9,

42'.22, 47'.11, 47:12,

56:3, 6'l:12, 68:2,

70:19,93:3, 102:10

differently 121 - 49:5,

107',21

difficult 121 - 67:7,

104:10

digitallrl - 78:7

dimensional 121 -

85:23,102:18

dlre t3t - 11:23, 12:2,

107:16

Direct Isl - 3:6, 3:9,

3:12

directpl - 102'.3,

102:8,108:15

DIRECTpI- 14:4,

38:16, 73:4

directed trl - 5:13

directly tzl - 52:21,

9'.t:4

Directors 1r1 - 50:22

dirt 1e1 - 46'.24, 47:1 ,

47:6,55:25, 56:4,

56:12, 56:15

dirty tzl - 46:24,47:4

disagreelrl - 10:12

disappeartll - 47:7

discharge p1 - 94:10

discloselrt - 75:24

disclosed nt - 92:23

disclosure 1e1 - 98:8,

104:19,104:24

discretion 1zl - 8:1,

18:8

discuss 61- 107:8

discussed tel - 8:8,

1 06:1 8

discussion 121 -

10:18,47:13

disposal trt - 53:21

disruptlrl - 101:22

disruptionlrl- 101:3

distinctions 111 -

30:11

distinguishing 1r1-

30:1 3

DNA 1rss1 - '14:23,

22:1,22'.6,24:17,

33:5, 35:21, 35:23,

38:24, 39:2, 39:6,

39:14, 39:15, 39:25,

40:5, 40:8, 40:10,

40:12, 40'.23, 40:24,

41:4, 41'.7 , 41:8,

41:9,42:6, 42'.8,

42'.14, 42:23, 43:23,

43:25, 44:7, 45:8,

45:12, 45:18,45:21,

45:22, 45:24,46:4,

46:23, 46:25, 47,,2,

47:3,47:6,47:10,

47:14,47:17, 47'.20,

48:3, 48:1 0, 48:1 1 

,

48:13, 48:19, 49:6,

49:11,49:20, 49:23,

51:7,51:23,52:15,

52:16, 52:17,54:2,

54:3, 54:6, 54:8,

55:5, 55:7, 55:'t8,

55:20, 56:8, 56:10,

56:21, 56:24, 57:6,

57:7,57:9, 57:10,

57:13, 57:14, 57:16,

57:19, 57:24, 58:8,

59:3, 59:8, 59:23,

59:25, 60:4, 60:9,

60:17, 60:21, 60:23,

61:'l ,61:5,61 :9,

61:10, 61:'12,61:23,

62:10,62:15,62:17,

62:18,62:25,63:2,

63:3, 63:7, 63:'10,

63:14, 63:16, 63:17,

63:23,63:24,64:20,

65;10,66:10,66:14,

66:15, 67:23, 68:1,

68:3, 68:9, 69:7,

69:10, 69:14, 69:16,

70:3, 70:5, 70:1 1 ,

70:16,70:17 , 70:19,

70:22,71:4,71:9,

7'l:17,71:19

DNA's lzl - 47:1, 56:16

doctorlzl - 53:25,

92:9

doctors 121 - 53:25,

100:14

documentation 111 -

83:1 9

donetrsl -7:10,7:16,

14:23, 52:4, 57:10,

57:23, 64:1 , 66:11,

67:7, 93:1, 98:21,

106:9,107:18,

1 10:1 0

downlzrl - 13:8, 13:9,

23'.2, 23:15, 40:17.

43:22, 44:2, 47'.7,

47:19,71'.6,74'.22,

79:8, 79:11, 79:19,

79:20, 80:1, 80:14,

86:21,87:12,88:21,

92:2Q

downstaars til - 74:14

downtown trl - 74:'12

DPS lst - 26:16, 39:20,

50:3,50:'17

Drtrt - 92:18

DR 1a1 - 26:1 0, 26:1 3

drawlsl - 86:4, 88:16,

89:12

drawing t1t - 90:3

drawn p1 - 54:7,

57:16, 57:19,93:22

driven p1 - 18:9,

32:10,32:12,51:20

drug 1r1 - 39:8

duly 1s; - 14:2,38:14,

73:2

during 1s1 - 9:3, 12:6,

12:20,93:2, 100:16

dye Ist - 84:1 6, 84:1 8,

84:20, M:22, M:23,

85:3, 85:6, 86:2

early l1l - 7'.7

easily 1r1 - 30:4

easy I1l - 44:3

eating 1r1 - 47:2

education 121 - 39:10,

73.21

effective 1r1 - 9:7

eitherpl -7'.4,12:7,

12:22, 41:15,48:18,

99:8,'100:14

ejaculate tzl - 58:4,

58:6

Eloy 1't1-74'.22

employmentlrl -

107'.12

end p1 - 4'.8,7'.22,

12:4,68:2

ended py - 4:8,

108:25

enemy pt - 47:1,

56:16

engineering 111-

39:1 I

enjoy 111 - 108:4

enlarged 1r1 - 102:23

entail 111- 83:25

entered trl - 82:15

envelope 1r1 - 31:21

envelopeslrl - 20:15

environmentlrl -

69:21

epithelial tzst - 40:14,

40:16, 40:17,43:6,

43:8,43'.14, 43:'17,

43:23, 43:25, 44:3,

44'.4,44:5,44:20,

44:25,45:17, 45'.25,

46:17, 47:10, 55:22,

56:3,66'.24,67'.2,

67:6, 70:13, 85:4

epithellals Irt - 70:1 3

equal 1r1 - 81 :'t 0

equipmenttrl - 70:2

erode p; - 98:23

especially 1+1 - 45:1 3,

77:13, 95:20, 96:10

estrogen t2l - 77:15,

77:16

evaluate 1r1- 12:21

eveninglrl - 11:18

event t4l - 48:8, 57:8,

58:3, 59:9

EVIDENCEIrl- 3:18

evidence 1ss1 - 12:18,

12:21, 15:2, 17'.5,

17:15,18:5,18:14,

18'.21, 19:25, 27'.6,

27:7 , 31:21, 39:2,

39:3, 39:4, 51:5,

5'l:11, 51:13, 52:15,

53:'18, 60:9, 60:14,

60:16, 61:15, 64:9,

66:1,66:2,66:3,

75:16, 81:17, 96:16,

104,,2, 104:19,

105:20,105:21

exactly 1r1 - 102:5

exam tet - 54:3,57:25,

74:18,75:21 , 81:15,

87:21,93:2,98:12,

1 00:1 6

examination t4l -

22:16, 22:18, 83:1'1,

92'.25

Examination 1a1 - 3:6,

3:6, 3:9, 3:9, 3:10,

3:12,3:13,3:13

DGMINATION rat-

'14:4, 34:16, 38:16,

59:20, 65:17 ,73:4,

97:8, 103:20

examinelel -23:23,

54:1 0, 83:14, 84:3

examined 1s1 - 14:3,

38:1 5, 54:1 1 , 73:3,

82'.7,96:9,97:23,

97:25,108:12

examinerlzl - 32:16,

75:5

examining 1r1 - 78:3

example 1s1 - 48:17 ,

49:16, 52:2, 57:18,

57:2'l

examples 121 - 45:6,

51:24

exams I4l - 73:19,

75:18,75:'19,82:4

except 1ry - 106:9

exclude tzl - 41'.15,

62:5

exclusionary t2l -

E

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 115 of 124
62:2,62:3

excuse p1 - 37:22

excused 1e1 - 36:1 5,

36:20,36:25,71:24,

72:3,72:9, 106:2,

106:13

exhibit 1s1 - 6:1 5,

12:16,19:8,19:17,

'19:18,25:17,28.,23,

29:9, 30:3

Exhibit 1ro1 - 6:22,

12:15, 13:1't, 19:9,

19:20, 25:19, 29:3,

29:18, 30:1, 30:9,

30:15, 30:20, 31:12,

54:17 , 54:21, 54:24,

78:19,87:8

exhibits tzt - 19;16,

72:7

EXHIBITS nr - 3:18

expectt21l- 45:7,

45:12,46:22, 46:25,

47:'16,48:10,48:11,

48:13, 48:22,55:20,

67:5, 70:5, 70:8,

77:25, 86:10, 90:18,

94:16, 94:19, 95:2,

96:6, 98:4

expected pt - 55:12,

55:15

experiencepsl - 15:6,

39:17, 40:8, 5'l:6,

51:10,54:6,59:11,

61 :1,64:8,65:24,

69:13,74:24,75:12,

76:19,76:20,82:21,

89:24, 96:9

explain nrl - 40:10,

40:22, 42'.4, 45:15,

60:16, 78:22, 88:19,

94:7,94'.20,94:21,

104:'13

explainable p1 -

33:13, 34:8

explained 1r1 - 33:25

explaining 1a1 - 8:7,

57:10,57:23,78'.'12

explanation t6l -

95:12,95:13,

1Q0.,25,104:7,

104:20,104'.21

explanations 111 -

33:1 I

extend trl - 85:16

extensive 121 - 75:3,

76:15

extent tll - 84:25

exteriorlsl - 25:20,

29:6,29:14

externaln -20:25,

80:5, 80:10, 85:10,

88:4, 88:5, 99:13

extra 111 - 12:8

eye 1r1 - 84:20

face tll - 86:21

facttrrl - 53:22,

53:23, 58:2, 59:2,

66:13, 66:23, 70:21,

81'.1,81:20,94'.25,

105:22

factors t6l - 51:4,

52:25, 53:21,71:19,

90:3, 95:9

factory nl- 70:3

facts t2l - 51 :1 6, 68:20

fade lrl - 28:13

Fadedg-27'.24

fading 61 - 31:14

fairtsl - 8:5, 8:6,

56:14

fairly tzl - 90:1 2, 90:1 5

fall 111 - 90:18

familiartr+t - 40:7,

40:8,52:4, 52'.7,

58:12, 58:'18, 69;3,

69:9, 76:25, 80:4,

82:1,82:6,83'.2,

95:1 8

familytal - 68:5, 73:9,

74:1 ,75:2,75'.6,

82:24,92'.1, 107:6

tarpl- 41'.23,47'.25,

79:5, 87:3, 88:23,

94:22, 101:17, 1Q2:6

fast tll - 76:3

fatherlrl - 42:16

FBlyl- 16:10

feasibly p;- 99:19

February p1 - 110:12

fecestzl - 15:3, 15:18

feet 111 - 87:20

feltlrl - 99:20

femalepl - 53:11,

70:16,70:20,79:12,

88:22, 89:2, 99:'13

females 1s1 - 75:8,

82:25,84:16

FERNANDOIrl- 1:6

Fernandotzt - 54'.12,

55:8

fewpl - 90:20

field p1- 't5:16

filters 111 - 69:1 9

findings 101 - 28:'16,

75:1'l ,76:1, 82:2,

95:7,98:1

fine tet - 37:4,61:22

fingerlro; - 45:10,

66,,2'l,70:11,70:17,

77:24,80:17,80:22,

80:25, 81:11, 81:14,

89:22,97:2,98:19,

99:21, 104:22, 105:8

fingernail tzl - 55:1,

55:5

fingemails 1ro1 -

54:11, 55:9, 55:17,

55:'18, 55:21, 55:23,

56:8, 64:24, 65:7

fingers p1 - 59:9,

67:21,67:22,78:8,

92:24,105:16

finish 121 - 12:4,25:9

finishing 1r1 - 107:14

first t12l - 4'.1 4, 5i20,

11:22, 14'.2,38:14,

72:19,73:2,80:19,

84:5, 85:9, 90:21,

97:'10

five 1rz1 - 20:1 5,

45:19, 63:4, 75:15,

81:23,90:24,95:21,

97:'11 , 97'.14, 97:15

Florence 1r1 - 1 :1 0

fluld pl- 16'.2,32:24

fluidslrol - 15:2,

15:-14, 15:17 , 15:21,

15'.25, 16:5, 16:12,

17:14,22:23,23:24

fluorescelzl -22:24,

22:25

fluoresced 1r1 - 23:18

fluorescent 1z; -

24:12,31:'10

flush 1zl - 57:12, 68:6

focal Irt - 90:9

focus 121 - 47:10,

73:12

toldedg-29'.24

folks 111 - 108:5

follow t4 - 9:3, 17:12,

21:6,59'.22

following pl- 4i1,

1'l:14, 17:16, 108:6

follows 1a1 - 6:23,

14:3, 1 7:5, 1 8:1 5,

18:19, 18:21, 38:15,

73:3

FORtrt- 1:2

force 1re1 - 80:16,

89:17, 98:23, 99:9,

100:19, 100:20,

101:7, 101:9,

101:15,10'l:20,

101:23,102:11,

103:12

foregoing 121 - 110:8,

'l 1 0:10

forensic 121 - 4:1 0,

12:18, 50:25, 58:13,

74:4,74:6,92:8

forensics 1a1 - 6'l :9,

61:25,73:13,74:11

forgetlrl- 6:15

formt+l - 19:1,48:7,

85:19,99:9

Fortnt - 73:16

forth nt - 85:'l 1

fonrard 121 - 13:17,

72:19

fossatzl -79:21,

80:15

foundation trl - 82:14

fourgl - 24'.2,71:3,

84:1,90:14,90:24,

95:21

four-year-old 121 -

71:3, 90:14

fourchette 1sy - 78:6,

79:23, 80:15

frame 1a1 - 47:12,

47:15,48:7, 48:9

treezegl- 47:17

frictionlrl - 101:3

Friday 121 - '12:6,

12:10

friends p1 - '107:6

frog 1r1 - 87:19

frog-leg 1r1 - 87:19

trontu - 24'.1

frozen 1a1 - 21'.24,

22:4,33:1,66'.2

tulltsl - 4:24, 14:15,

19:13, 31:8, 110:8

fully p1- 79:11

future trt - 39:22

gauzeq-84:21

general p- 12'.1,

16:10, 32:3, 101:11,

101:14

generally po1 - 15:20,

2'l :1 1, 21'.19, 23'.1 6,

23:'18,24:9,24:11,

24:15,28:16, 58:20.

74:3,75:.7,76:19,

90:11, 99:25

generate 1s1 - 19:14,

41:6,41:.12

generated 1s1 - 19:21,

54:19,54'.22

genetic tzt - 39:'18,

40:24

genetics 1r1- 39:19

genital 1rs1 - 20:25,

67:16,76:2,76:4,

76:14, 77:5, 80:6,

83:8, 84:16, 86:'14,

94:3, 94:10, 101:13,

101:17,'105:10

genitalla 61 - 80:5,

80:10, 85:10, 93:4

genitals 61- 95;22

gentlemen 121 - 11:20,

106:23

gently 1r1 - 87:21

girl lrsy - 33:23, 53:6,

53:9, 53:23, 59:5,

67:22,70'.13,71'.3,

77:23,78'.1,79'.1,

80:24,83:17,92:22,

97:3

girl's1ro1 -27'.2'1,

52:20, 52:22,53:22,

57',22,62:10,62:18,

66:10, 70:6, 93:3

girls 1ro1 - 77:13,

77:18,77:19,77:20,

77:22,79:10, 82:7 ,

82:8,82:11

givenlrol -8:.1,12:'20,

26:16, 53:21, 66:13,

66:23,83:24,4:2,

84:3, 107:8

glance 1r1 - 20:2

glancing 1r1 - 102:7

Gloryyq-27:24

gloves tsl - 26:22,

46:14,69:24

GREEN 1sr1 - 2:7,

5:16,5:22,6:2, 6:5,

6:8,6:12, 7:2,7:2Q,

7:24,8'.3,8:18, 10:2,

10:22, 1'l:7, 1'l:12,

13:5, 34:17, 36:9,

36:18,38:1,59:21,

65:14,72:2,82:13,

97:9, '103;15, 106:5,

106:22,108:1,

108:21

green t14l - 5:12,8:17,

10:1 , 34:15, 36:'17,

37:25, 59:19,72'.1,

97:7, 105:18, 106:4,

106:21,'108:18,

108:20

Green 1n1 - 3:6, 3:9,

3:13,7:1

green's t3l - '108:9,

108:10,108:17

grime 1r1 - 46:24

groin 111 - 91:7

groomed t1l- 96:23

growt2t -79:4,79:5

growing 1r1 - 43:20

F

G

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 116 of 124
6

guarantee tll - 45:25

guessfl - 9:'12, 10:9,

11:25, 40:3, 49:5,

65:4, 105:22

guessing p1 - 37:2

guidance 1r1- 16:11

guideline tsl - 17;11,

17:16, 18:12,32:3,

32:9

guidelineslrl - 17:12

guys 1r1 - 10:23

hairpl - 69:23, 79:4,

79:5

haltyl- 102:21

halfiray 111 - 79:9

hand FI - 9:2,29:15,

45:6,48:3, 107:11,

110:12

handslr+1 -40:17,

40:18,44:6,44:10,

44:13, 44:24, 46:3,

46:5, 46:13, 46:2'1,

46:22,46:23, 47:20,

47:23

happylrl - 108:'19

hard tzt - 24:18, 47:8

hardly 1r1- 81:22

head pt - 24:8, 100:21

heal Irl - 76:12

healed Jrl - 76:6

heals 101 - 76:3, 76:11,

76:22

health 111 - 74:16

heartsl - 4:23, 11:2,

11:3,71;1,80:3

heard t4 - 43:9,

70:18, 107:5, 107:20

hearing 1+y - 4:2,

11:15,72:12, 108:7

helppl - 9:18, 61:15

Help p1 - 74:12,90,.21

helpful 1e1 - 30:10,

78:13,78'.24

helps p1 - 30:12

hereby 111 - 110:7

herein Fl - 14:2,

38:'14,73:2

herself nl- 91:10

HESS p; -3'.'t2,73:1

Hesstsl -72:17,73'.9,

78:-'11,78:22,80:2,

103:22

highly 121 - 53:14,

70'.10

himself 111 - 9'l:10

hired lrl - 15:11

historylrsl -90:22,

9'l:9, 93:9, 93:20,

93:25, 94:3, 94:20,

95:7,96:21, 100:1,

100:10, 100:14,

104:6, 104:18,

105:'14

hit 121 - 80:19, 102:3

hold 111 - 71 :1 8

Honorprl - 5:16, 6:2,

6:8,6:25, 7'.2,7:20,

7:24,8'.3,8:18, 10:2,

10:22, 11:7, 11:12,

13:14, 14:10, 19:2,

27:13,27:15,34:13,

36:13,36:16,36:18,

37:19,38:12, 54:13,

65:14,71:25,72'.2,

72:16,72:25,78:17,

82:13,103:16,

103:19,106:3,

106:5,'t06:22,

107:24, 108:1,

108:3, 108:21

HONOMBLEnI1:13

hope 111 - '109:4

hopefully 1r1 - 109:2

hormone p1 - 77:15

Hospital 1s1 - 73:1 0,

73:11 , 73:16, 73:18,

74i9

hot nt - 25:4

hours 111 - 40:21,

48:9,48'.22,86:13

hundredpl -75:13,

75:15, 97:11 , 97:15,

97:16,104:14

hundreds py - 40:6

hurtlrl- 96:15

hurting 1r1 - 96:12

hymen 1eo1 - 77:4,

77:11 ,77'.12,77:15,

77:20,77:25,78:5,

78:8, 79:15, 79:16,

79:18,79:21 

, 80:7,

80:18, 80:22, 80:23,

81:1,81:4,81:6,

81:16, 81:21,81:23,

83:1, 85:11, 85:'14,

86:20, 87:24, 88;9

idea trl - 89:14

identified tzt - 63:'l 1,

63:1 7

identifier 121 - 26:1 6,

26:'19

identify 1+1 - 17:14,

45:3,49:7,62'.25

illness p1- 95:14

illuminate Irt - 83:7

immediately 111- 7:5

impacttsl - 46:8,

46:22,46:24, 47:9,

48:1 0

impacts 111 - '108:11

impaled p1- 91:10

implication 111 - 5:4

importantlsy - 10:15,

53:8, 53:12, 64:9,

98:14

impossible trt - 6:'l 0

improve p1 - 6:1'1,

6:'12

lN1z1- 1:1,1:2

inaccurate trl - 89:1

inappropriate p1 -

26:25

inch nt - 81:10

inclinatlon trl - 9:13

include 121 - 41:16,

55:22

included p1 - 19:14,

20:14

includeslrl- 43:12

includlng p1 - 9:4,

26:11

inconsistent ttl - 97:2

indeed 1r1 - 34:2

indicatelal -75:19,

92:19, 93:5, 96:17

indicatedlal -33:22,

92:22,93:2,96:22

indicating 111- 94:1

indicationpl -25:11,

60:4

indicative 1a1 - 75:16,

86:3, 97:16

indicatortzl - 55:25,

58:3

indifferentJzl - 37:7,

37'.8

individual ttl - 41:3,

41'.'16, 42:10, 48:12

individualslrl - 61:19

infection 121 - 94:4,

94:14

infections p1 - 94:9,

'104:6

inflict 111 - 76:8

inflicted t2l - 99:4,

99:5

influencelrl - 77:16

influenced 1r1 - 12:22

information pz1 -

18:14, 19'.24,28:2,

28:5, 51:20, 51:21,

52:19, 52:21,4:3,

84:6, 84:13, 89:14,

informed nl - 5:7

initia! trt - 30:17

lnitials p1 - 26:12,

27:8,30:12,30:16

injure 1r1 - 90:9

injured p1 - 76:3,

80.,20,84:24

injuries 1rs1 - 52:23,

76:16, 87:24, 90:19,

90:20, 91:1, 91:4,

91 :8, 96:2, 96:10,

97:16,97:17,97:19,

97:22, 100:1, 101:9,

101:11,101:14,

104:5

injury pr1 - 52:21,

54:1 , 60'.15,76'.12,

76:15, 76:18, 80:12,

80:23, 84:25, 85:8,

85:13, 86:5, 86:9,

86:10, 86:18, 86:'t9,

87:3, 87:12, 88:6,

88:11,88:15,88:22,

89:4, 89:15, 89:18,

90:5, 90:19, 90:21,

91:2, 91:11 , 91:14,

91:'15,9'l:18,91:21,

9'l :24,92:10,93:5,

93:10, 93:12, 94:7,

94:15, 95:2, 95:11,

95:25, 96:6, 96:18,

97:2,98:4,98:20,

99:8,99:10, 100:7,

101:3,101:6,'101:7,

102:7, 102:15,

103:2, 103:3, 103:4,

103:10, 104:4,

104:8,104,,20,

105:3, 105:5,

105:11,105:'t7

inside lral - 26:5,

28:3,28'.11,30:2,

58:6, 76:5, 85:10,

87:16, 87:24, 88:6,

88:7, 88:8, 88:9,

88:20,91:7,92:24,

103:11,105:16

instance 1r1 - 68:1 7

instances 121 - 69:4,

95:18

instead tzl - 23:1 ,

81:2

instruct |zl - 6:23,

68:24

lnstructed 1t1 - 64:1 1

instruction tol - 5: 14,

5:18,5:2'l ,5:25,6:6,

12:16

instruments 1r1 - 63:5

intent 61 - 18:2,32:6,

33:2, 33:3

intercourse trl - 82:11

interest pl - 23:6,

23:8

internal 111 - 80:6

interpretation 121 -

9:19,10:15

intenupted 1r1 - 102:1

interviewJey - 4;10,

9:18, 9:19, 12:18,

12:21,74:18,92:8,

98:1 5

interviewertrl - 12:23

lnterviewing p1 -

98:11

INTO 1ry - 3:18

introduce lrt - 73:8

investigation 1r1 -

98:15

invokell-72i4

invoked 121 - 36:21,

106:7

involved tnl - 15:15,

72:5,87'.14, 106:8

involving tst -'18:22,

19:25,48:6

irritatelrl- 94:10

arritated t2l - 94:12,

95;6

irritation gr1 - 94:14

issuelrl - 4:8,70:24,

71:1, 108'.14

issues lrl - 108:17

it'll 1a3 - 9:20, 39:24,

109:4

itching p; - 96:21

itemtrst -22:19,23:2,

23:17,25:23,26:1,

26:11 , 26:15, 26:19,

26:20,26:24,30:18,

50:3, 51:3

items tral - 15:2,

17:14,20:16,21:4,

21:22,22:9,26:18,

32:6,35'.2,51:4,

53:4,64:12, 65:20,

68:25

itself 101 - 84:23, 85:3,

89:17, 90:6, 91:2,

93:1 2

jabbing 1r1 - 96:12

Jackaepl -72:17,

73:9

93:7, 93:'13, 93:21, instrumentpt - g3:3,

100:16 $:6

H

J

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 117 of 124
JAGKIEpI- 3:12,

73:1

Jelly 1ry- 84:21

iob rq - 39:5, 41:4,

52:13,56:6

JOHNSONt1l-1:13

Judgepl -7:15,9:25

JUDGEIrl- 1:13

judge 121 - 8:1, 108:8

jurisdiction 

111 - 37:22

JUROR frl - 107:12

jurors p1 - 9:2, 13:10

jurors'trl - 5:1

Jury pq - 4:2, 4:5, 4:7 ,

5:7, 7'.17, 8:7, 9:'l'1,

9:17, 10:23, 11:2,

'11:10, 1'l:15, 11:18,

11:23, 12:19, 13:11,

37:10, 37:17 ,72:13,

73:8,78:13, 106:19,

107:1, 108:7

JURYpI- 1:17

jury's 111- 10:15

Kastlelzl - 25:1,

35:1 3

Kastle-MeyerJzl -

25:1 , 35:'t3

keep tzt - 66:7, 68:8

kid 111- 96:14

kids 111 - 75:17

kind prl - 15:6, 25:8,

30:17, 31:2, 31:9,

44:1 ,76:15, 76:21 ,

81:14, M:19,92:11,

94:22,96:20, 103:6

kitpal- 17:17,17:21,

17:23, 17'.24, 18'.'1.

18:6, 18:7, 18:10,

18:11, 18:'15, '18:17,

18:22, 18:25,20:5,

20:11,20:12,20:13,

20:14,20:16,20:21,

21:22,22:2,32:4,

32:15,32:17,33:2,

33:8, 92:25

kits t4l - 17:.18,26:2,

32"5,32'.9

Klein 111 - 92:18

knees 121 - 79:3, 87:'t 9

knowledgelrl - 76:20

known 6 - 41:5,

41:14,63:20,64'.20,

65:3, 79:5, 82:2

KOHLERIr4 - 2:3,

13:14, 14:5, 14:10,

14:11 , 19:7, 27:12,

27:15, 27'.16, 3O'.7,

34:12, 36;13, 36:16,

108:3

Kohlerlq - 3:6, 13:13,

'19:6, 36:12, 36:14,

1 08:1 0

Kohle/s 101 - 45:10,

45:12,49:17

loltlt-8/:21

67:21

light 1rz1 - 22:21,

22:22,23:4,23:19,

23:20,24:14,30:25,

31:2, 31:6, 31:7,

31 :8, 83:8

lighting 111 - 90:6

likely p1 - 51:7, 51:14,

98:12, 99:7, 104:20.

104:21

limited 1s3 - 5:13,

5:18, 12:24, 53:4,

64:8

limiting 1s1 - 5:18,

5:20,6:10

line tsl - 18:19, 18:20,

18:2'l

lineage p1 - 68:5

lines 1ry - 30:21

lining 121 - 43'.14,

7O:14

lips tlol - 79:4,79:6,

79:8,87:22,88:2,

88:8, 88:21, 90:8,

91:6

llsten 1r1 - 12:17

lithotomy 1r1 - 79:2

livinglrl -'14:19

loaded Irl- 45:17

lobe p;- 43:16

located 1a1 - 31:1'1,

74:15,93:6

location Isl - 54:1 ,

90:5, 91:3

locations t+l - 41:8,

41'.9, 42'.6, 42:9

logic 111 - 59:22

LONGtsst -2:3,4:15,

4:20,4:25,5:6, 5:11,

6:16,6:'t8,6:25,

7:11 ,7:15,7'.18,

8:16, 8:21, 9:1,9'.12,

9:22,9:25, 10'.6,

10:20, 13:3, 30:3,

37:4, 37:6, 37:19,

38:4, 38:12, 38:17,

54:13, 54:16, 59:16,

65:18,71'.22,71,,25,

72:16,72:25,73'.5.

78:16, 78:19, 78:21 ,

82:19,87:10,87:15,

97:5,103:19,

103:2'l , 1 05:25,

106:3,106:15,

106:20,107:24,

108:8, 108:23,

'109:4, 109:8

long's 1r1 - 59:22

look 1zs1 - 5:'l 5, 't 5:1 7,

17:15, 18'.2, 18'.18,

21:'16,25:6,25:7,

26:20,28:10,28:25,

29:17,29:22,29:23,

41:7,42:8,51:23,

51:24, 90:3, 91:1,

91:3,92:2,92:11,

92:'17

looked m - 26:11,

30:19, 36:6, 56:12,

84:5, 85:12, '102:19

looking 1sz1 - 1 5:1 ,

15:2, 15:13, 18:16,

18:2Q, 19:12, 19:23,

21:25,22:19,22:20,

23:1,23:3,23'.6,

23:9,23:17,27:19,

29:5,29:9,29'.15,

31:12,32:19,32:21,

33:3, 41:9, 4'l:23,

44:20,49:11, 51:8,

51:9, 52:14, 57:13,

57:14, 66:25, 68:3,

75:12, 79:18, 83:9,

85:14, 85:18, 85:22,

87:1,87:24,88:22,

93:11,93:22,

101:14,102:18,

102:24,103:2,

104:18,107:14

lookslsl -29:6,29:23,

29:24,31:4,32:8,

50:11,64:15,74:4,

85:24

lose 111 - 44:5

lying 1r1 - 58:25

ma'am t17l - 13'.17,

13:23, 36:20, 38:5,

38:9, 38:18, 39:7,

59:16,71:22,72:3,

72:18,78:18, 81:25,

82:9, 105:25, 106:6,

107:11

magnify 1r1 - 83:8

malntain t1l - 66:1

majora p; - 79:7

majority 111 - 98:2

male 1e1 - 57:22,

63:'14, 67:16, 68:1,

68:3, 69:7

males p1 - 84:'17

man 1r1- 59:5

mannert2l - 10:13,

40:23

manpowerp; - 50:6

March lrt - 39:24

Marlcopa 121 -74:20,

74:22

mark Js1 - 23:19,

24:12,24:14,26:6.

31:5

marked pal - 19:9,

25:9,25:18,25:19,

25:23,26:6,27:10,

27:22,27:24,29:2,

29:25,30:9,30:22,

31:1

markingsloy -23:14,

23:16,24:6

masks 1r1 - 69:23

mass tll - 69:23

Master's tll - 73:25

masturbate gr1 - 95:22

matcht3t -42:11,

55:7,67:20

matched trl - 56:22

matches lll - 't9:21

material tst -32'.25,

33:4,40:25, 44:11,

56:10

materials 1r1 - 28:20

matemity t1t- 42i14

mattert2l - 109:4,

1 1 0:10

MATTHEWnI- 2:3

Maury111- 42:13

maximum 111- 59:22

mean [28] - 32:13,

34:6,46:14, 49:8,

49:23, 51:20, 53:16,

57:5,57:8,57'.11,

58:9, 59:9, 60:1,

61:6, 61:8, 75:21,

81:22, 82:8, 98:13,

98:17,101:10,

102:2,102'.4,

104:15, 105:7,

105:14,105:16

meanlng t2l - 91:6,

10'l:20

means t4l - 4'l:13,

44'.12, 58..5,75..22

medical pa1-75:11,

82:2,82:22,89:3,

92:1,92:11,93:25,

94:2,94:7,94:17,

94:20, 95:1, 95:4,

95:11,95:13,95:14,

98:3,99:25, 100:3,

'100:7,'100:9,

100:10,100:12,

'100:14, 100:'17,

'100.,23,100:24,

104:5

Medical trl- 92:19

membrane 1r1 - 45:17

membranes 1s1 -

40:'14,43:10

L

K

Lab 1ot - 14:21, 38:21 ,

50:3,50:17, 50'.22

lab pr - 67:9, 68:10,

69:17, 69:19, 81:2

label tzl -27:10,27:11

labia 1ro1 - 79:6, 79;9,

85:17, 88:16, 88:20,

88:25,89'.4,92'.21

laboratories trl - 16:8

laboratory tll - 21'.24,

22:4,31:8,33'.1

labs 1s1 - 16:9, 67:10,

67:1 3

laceration trl - 86:1

lack p1 - 71:9

ladies 121 - 11:20,

106:23

language tll - 10:8

largepl - 61:'t8, 85:'l

largerlzl -23:'17,

'l02:17

lastpt - 67:8,67:17

latestt2l - 107:19,

'r09:5

Lant,l4-2:.7

layer 1s1 - 43:16,

89:20,99:17

layers 1s1 - 85:4,

94:14, 95:5

laylng 111 - 43:24

lead tll - 25:15

least 111 - 42:16

leave 1s1 - 33:.5, 4,4:14,

57:6,76'.18,76:23,

86:10, 96:6, 106:7

lefttrot - 5'.2,46:1,

48:11, 58:8, 85:16,

85:17, 86:25, 87:13,

88:23,92:20

leftoverlrl - 44:1

leg nl - 87:19

legallylrl- 108:14

length 1s1 - 7:8, 8:8,

8:9, 11:24, 102:20

less tot - 4:2O,8:23,

34:7, 81:9, 86:12,

102:21

level 111 - 13:7

lickedtel -67'.20,

M

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 118 of 124
memorytll - 19:3

menses t2l -77:'14,

77:22

menstruating t2l -

33:13,33:'18

mental trl - 74:15

mention 1ry - '104:4

mentloned Isl - 16:1 6,

16:17, 16:22,24:19,

31:22

mentoring p1 - 39:20

methods IsI - 50:1,

50:24,54:8

Meyer lzl - 25:'l , 35:1 3

mic1r1 - 14:8

MICHELLEIal- 1:21,

110:7,110:15

Microcon 1r1 - 69:'18

microscope 121 - 25:6,

25:7

microtrauma 121 -

84:19, 10'l:1

middle1u;1-7:22,

85:13, 85:25, 87:1

midline tzt - 86:1,

91:8

mightpel - 5:4, 6:19,

12:6, 30:4, 43:9,

47:'16, 53:18, 53:20,

67:25,68:24,71:4,

77:23,105:19

mindp1 -26:22,53;5,

54:1,107:19

minds 1r1 - 5:1

mine nl - 8:4

minora p - 79:9,

85:17, 88:16, 88:20,

88:25,89:4,92,21

minute nl - 58:25

minutes tcl - 4:1 9,

8:21,37'.10, 45:7

miscommunication

1r1 - 1 1:6

misstated 111- 30:8

mom 1r1 - 41:12

Mondaypsl - 7:14,

8'.12,8'.13, 12:3,

12:5, 12:9, 12'.11,

106:'18, 106:25,

107:1, 107:17 ,

108:5,109:11

mons 1r1- 79:3

months trt - 40:22

months'1r1 - 15:'13

morning pz1 - 4:7,

7:5,8:13, 11:20,

14:6, 14:12,37'.1,

73'.6,73:7 , 106:24,

107:3,109:11

most psl - 51 :7,

5'l:14,76:13,78:3,

80:12, 80:19, 90:21,

96:13, 97:17, 98:10,

98:12,98:14,

104:19,104:21

motherpl- 42:7,

42:18, 53:24,93:25

mouth 1rz1 - 40:15,

43:12, 43:13,45:11,

45:12, 45:16, 45:24,

49:16,49:17, 49:24,

76:5

MRlrool -2'.3,2:3,

2:7,4:15, 4:20, 4:25,

5:6, 5:11, 5:16, 5:22,

6:2, 6:5, 6:8, 6:12,

6:16, 6:18, 6:25,7'.2,

7:11 ,7:15,7'.18,

7'.20, 7'.24, 8:3, 8:1 6,

8:18, 8:21, 9:1, 9:'12,

9:22,9:25, 10'.2,

10:6, 10:20, 10:22,

'11:.7, 11:12, '|,3:3,

13:5, 13:14, 14:5,

14'.10, 14:11, 19:7,

27:12,27:15,27'.16,

30:3, 30:7, 34:12,

34:17, 36:9, 36:13,

36:16, 36:18, 37:4,

37:6, 37:19, 38:1,

38:4, 38:12, 38:17,

54:13, 54:16, 59:16,

59:21, 65:14, 65:18,

7'l:22,71:25,72:2,

72:16,72:25,73:5.

78:16,78:19,78,,21,

82:13, 82:19, 87:10,

87:'15, 97:5, 97:9,

103:15,103:19,

103:21, 105:25,

106:3, 106:5,

106:15,106:20,

106:22,107:24,

108:'1, 108:3, 108:8,

108:21, 108:23,

109:4, 109:8

mucosal 'lir-76'.2

mucous lsl - 40:13,

40:14,43:10, 45'.17,

70:14

mustt2t - 12'.23,57:1

nail 111- 59:3

nails tzl - 96:22,96:24

nametEl - 14:7,14:13,

14:14, 14:15, 18:23,

19:25, 38:18, 73:9

narrowing fi-23:2

nasal 111 - 43:13

naturalelzl - 9;18,

10:5

navicularis 111 - 79:22

necessarily 1+1 - 5:19,

47:6,77:25, 102'.2

necessarytll - 53:'t

neednll -7:16,8:20,

18:18,23:22,41:18,

45:19, 60:9, 63:4,

106:7, 108:9, 108:12

negative 1s1 - 21:15,

21:17,23:12

nets 1r1 - 69:23

never16l - 47:20,64:1,

96:14,97:23,

107:19,109:'t0

newt3t - 39:22, 69;10,

94:25

newly 61 - 69:10

news t2l - 11:22,

1'l:23

nextlal - 7:13, 12:3,

13'.13,37'.2,38:2.

72:14, 88:9, '108:11

nice 121 - 10'.17 , 23:11

Nikki p1 - 13:15,

14:14, 52:'|.4,53;9

N|KOMElsl- 3:5,

14:1, 14:17

Nikomet2l - 14:14,

14:17

NO 121 - 3:1 7, 3:'18

non p1 - 71:13

non-finding p; -

71:13

none lll - 35:3

noon 1r1 - 7:10

normal gz1-75:18,

75:19,75:21,76:22,

82:5, 83:1, 84:20,

85:7, 85:8, 98:12,

98:13,98:17

normally p1 - 35:12

Northern rrt - 39:'13

Nostll - 54:17

noss I1l - 40:1 5

note I4l - 31:14,

94:24,96:19,97:25

notedlsl -23:25,

24:2,31:18,94:1,

'102:20

notes t22l - 18:10,

18:11,19:3, 19:6,

19:13, 19:'14, 19:22,

22:2,27:3,27:5,

27:22,31:16,32:14,

32:17,32:19,33:22,

54:20, 54:25, 92'.11,

92:18,92:22, '102:21

nothing 101 - 5:2, 10:2,

41:13, 41:14,77:7 ,

93:25

noting 61- 24:15

nowhere trl - 48:2

nucleated tzl - 40:1 3,

40:19

numbern6l - 16:13,

20:14,25:23,26:1,

26:10, 26:11, 26:13,

26:14,26:15,26:17,

30:18, 40:4, 68:8,

68:13,80:2

numberslsl -25:25,

26:19,41:15

nursetl4l - 18:17,

32:5, 32:16, 36:5,

53:25,73:9,74:1,

74:5,74:10,75:2,

75:6,92:1,93:1,

102:'17

nurse's1+1 - 18:10,

22:1,32:14,33:22

nursing p1-73:23,

73:25

o'clock tsl - 10:24,

86:21,86,22, 107:3

objecttst - 6:1, 6:3,

91:11, 98:22, 99:19,

99:21, 99:22, 105:8,

108:18

objected 1e1 - 4:1 1 

,

9:'15

objection 101 - 6:21,

10:3, 12:15,82:13,

82:16,108:21

objectlons tll -

108:15

objects 1r1 - 34:22

observation lll -

100:15

observations tll -

89:13

observed t8l - 84:12,

84:14, 86:9, 86:18,

87:5, 87:16, 89:5,

89:8

obtain Ill - 81:5

obtained g- 81:2

obviouslrl - 97:18

obviously 1s1 - 7:21,

8:1, 9:21, 11:8,

83:1 3

occurt2l - 57:8, 59:9

occurred n - 5:8,

32:21,75:20,91'.8.

100:13,'103:10,

103:12

October p1 - 1 :1 1

OF Isl - 1 :1 , 1:2, 1:3,

'l:16

offering 1ry - 93:7

olllcer.1-74:12

officerlr3 - 64:5

often t3l - 76:21, 83:6,

84:16

old ra - 34:8, 55:20,

70:4,71:3,90:'14,

92:8

older 1zt - 53'.11 ,79:4

once t4l - 1 5:1 0,

77:14,77:22, 107:2

onet34l -4:7,7'.13,

15'.23, 15:25, 16:4,

16:22, 19:17, 20:15,

24:21, 27:6, 27:10,

27:22, 41:'11, 41:12,

42:6,42:7, 42:16,

42:18,50:11,52:9,

52:17,61:23,68:4,

68:17,70:21,70:23,

74:17,74'.19,80:3,

91:5,99:17, 105:22,

'to9:2

one-stoplll - 74:17

ones tll - 21:1

opening p1 - 77:5,

77:9, 80:8, 80:18,

8'l:6,81:10

opens 111 - 87:23

opinion 101 - 69:22,

71:18, 85:19, 91:19,

92:5, 93:8

opposed t3l - 31:4,

61:10,102:25

order 1s1 - 8'.2, 12'.21 ,

15:7, 15:10, 15:20,

49:2,88:2,88:11,

'105:22

organization 1r1 -

50:22

originally 61- 8:24

otherurise 121 -

'106:12,108:14

outside pa1 - 4:1,

12:23,26'.4,28:3,

72:12,79:4,79:.6,

87:22,88:2,88:8,

90:8,91:6, 103:13,

108:6

overlapping nl- 27:8

ovenrhelm 121 -

45:14,71:4

ovenrhelmed p1 -

49:20

ovenrhelming p1 -

49:14

o

N

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 119 of 124
own t8t - 9:19, 10:14,

16:3, 26:17, 55:22,

62:20,64:7,95:19

P-E-T-R-I-N1r1- 14:17

package 121 - 26:8,

27:8

packaged 111 - 69:1 5

packaging 121 - 26:4,

26:5

PAGElzt -3:4,3:17

page 1r1 - 17:18

pagest2l- 19:19,

1 10:8

paing-77'.21

painful tzl -77:21,

77:24

pair 1a1 - 27 :22, 27'.25,

53:6

panties 1rs1 - 48:'1,

53:6, 53:8, 53:'10,

57:22,57.,24, 58:2,

60:1 0, 60:23, 66:1 1 ,

7Q'.6,70:15,70'.23,

71:3,105:15

panty llt - 70:20

papertsl -20:10,

20:15,27'.6

papenrorklrl - 20:15

parenttsl - 41:24,

42'.4,42:17

parents p1 - 92:9,

98:1'l

part 11 1t - 24|1, 28'.12,

44:2, 50:25,61:20,

74:20,86:25,93:24,

98:14, 99:13, 101:5

particularlrol - 5:14,

'12:1 6, 4'l'.10, 41'.1 1,

73:12,74:25,85:9,

89:16,92:20, 101:5

partstst -32:20,

62:1 1, 62:18, 93:3,

95:3

party I3l - 60:17,

62:'17,62:25

pass nl - 80:7

passed 1r1 - 76:1

Pafs 1r1 - 73:18

paGrnity t1t- 42'.14

patientJrl - 83:14

patienfs nl - 86:25

pattern 1r1 - 9:1 9

PAUL 1r1 - 2:7

pediatricians 1r1 -

74:10

PEGGYpt- 3:8,

38:1 3

Peggy 121 - 38:4,

38:19

penetrate t3l - 59:6,

78:8,88:12

penetrating 121 -

77'.24,97:3

penetration 1s] - 77:7,

77:8,77'.11,82:2,

82:22

penis 121 - 80:1 7,

99:21

peopleg- 47:22

perW-77i4

percentfl - 45:19,

61:21,63:4,75'.17,

81:23,97:14, 104:14

percentages 1r1 -

61:18

perform lzl - 16:7,

22:4

perfonned 1+1 - 16:7,

23:4,23:12,35:20

performing 1r1 - 14:24

perhaps tzl - 19:17,

31:20

perineum trl - 79:25

period 121 -77:14,

79:'10

permission g1 -

37:22,54:13,78:16,

87:10,108:9,

108:10,108:13

perpetrator p1 -

59:24,62:4,63:7,

92:23

person [2ol - 18:1 0,

18:23, 19:25,24:17,

32:17, 35:16, 35:20,

35:23,41:3, 42:11,

44;15, 48:7, 48'.12,

48:14, 48'.20,49:9,

61:16,70:23,71:2,

71'.17

person's1r1 - 45:19

perconally 1t1 - 83:14

pertains1r1 -108:14

Petrin po1 - 13:'15,

14:6, 14:12, 14:14,

14:17, 14'.18,31:22,

33:7, 51:'19, 52:9

PETRIN rzr - 3:5, 14:1

phaselrl - 52:3

Phoenix 1e1 - 38:22,

73:10, 73:11 , 73:14,

74i9,74'.13

photo pl - 85:9,

85:1'1, 85:14, 91:15

photographs 1r1 -

84:5

photosnzt -28:24,

83:17, 83:21, 83:25,

84:2,85:18,85:22,

89:9, 91:18, 92:2,

93:23, 97:1

phraselrl- 51:19

physical y1 - 74:1,

74:18,75:4,75:'16,

76:'1,82:4, 101'.10

physicallylrl - 75:22

physicians p1 - 97:25

pick tzt - 45:20, 56:8

picked trl - 100:13

picture 1a1 - 31:3,

31:15,86:7, 102:14,

102:16,102:18,

102:25,103:10

pictures 1a1 - 83:22,

83:24,84:1,84:13,

86:6, 86:23, 92:12,

102:22

piece tsl - 51 :5, 51:13,

53:18,61:14,64:9

pieces I4l - 41:9, 42:6,

42:8,70'.2

P|NALlrl- 1:2

Pinal tzl - 2:4,74:21

pink 111 - 25:4

place t4t - 48:9, 50:7,

80:12, 105:9

placed 1r1 - 28:3

places 121 - 42'.23,

89:25

Plaintiff 111 - 1:4

plantpl - 69:14

play 1e1 - 4'.10,4:14,

6:21,51;16

playedpl- 4:12,

13:11

playing p1 - 4:9,4:16,

6:4,6:22, 12:14,

90:14

pleasuring 1r1 - 99:3

pointlrrl -23:13,

34:'1,45:2,49'.20,

58:16,73:2'l,78:24,

84:8, 86:5, 96:14,

96:'15

pointing 1r1 - 96:1 3

Police trl - 74:13

pollce 111 - 92:9

polished trt - 96:22

population 111 - 61:22

portion tsl - '18:1 9,

22:7,22:23,24:4,

24:21

portions lot - 17'.24,

20:21,20:24,22:3,

32:4,33'.1

position p1 - 79:2,

87:1 9

positive 1s1 - 24:5,

25:10,25:11,28:18,

28:22,30:23,30:24,

34:6, 52:6

possibilities p1 -

104:3, 104:'t0,

105:18

possibility 1ry - 32'.22,

91:13, 99:4, 104:16

possiblelrsl - 18:18,

49:5, 69:14, 69:15,

80:25, 85:25, 99:6,

99:10,99:12, 103:2,

103:3, 103:9,

103:23,103:25,

104:7, 104:16,

105:2, 105:6, '105:20

possibly 1+1 - 5:8,

33:3, 47'.12,62'.5

posteriorpl - 78:5,

78:6,79:17,79:23,

79:24,80'.15

potential g- 21:25,

23:6,23:7,69:24,

107:22,108:17

potentially 1e1 - 10:11,

32:7,32:20,33:13,

36:6, 66:10, 66:23,

108:11

Povich p;- 42:13

practice tsl - 16:1 0,

73:24,82:24

practices t1l- 92;2

practitionerlol -

73'.10,74:1,74:6,

75:2,75:6,92'.2

practitioners 111 -

74:10

preferlrl - 8:3

pregnancy t2l - 82:6,

82:12

pregnantpl - 82:7,

82:25

prematurely 1t1 - 17:9

prenatal lll - 83:1

Prepared 1r1 - 'l:21

prepubescent y1 -

77:18,77:20,77'.23,

78:1,79:1,80:23,

81:13

presence 1zs1 - 4:2,

4:4, 11:15, 1'l:17,

17:25, 18:5, 20:17,

21:7,21:16,22:16,

22'.22,23..10,24:5,

25:2,25:3,25'.5,

32:8,32:10,32'.21,

32:22,32:23,33:9,

33:12,33:14,33:24,

37:16, 57:14.71:9.

108:7

presentpl - 11:2,

16:21,25:12,32:7,

33:4,49:6, 56:9

presentation tsl -

7:22,7:23,10'.'13,

10:14, 10:16

presented trl - 6:7

pressure I1l - 107:6

pretty tst - 59:23,

63:11, 90:7, 90:8

prevent t1l - 46:4

previous 121 - 29:9,

64:12

previously 111- 56:15

printlrl- 9:1

private 121 - 62:10,

62:18

probative 1e; - 53:19,

53:20,54'.2

problem tsl - 6:24,

8:5, 8:6, 8:'t4,

107:20

problemslrl - 70:'19

proceed t3l - '13:2,

13:3, 37:18

PROCEEDINGS nI -

1:16

proceedings 1s1 - 4:1,

1't:14,108:6,

109:'12, 110:9

Proceedings tll -

72'.12

processt3l -24:24,

53:4,61:12

produced 111 - 69:23

profession 111- 73:23

professional tzl -

89:3, 92:'l

profile pl1 - 41:6,

41:13,41:18, 43:25,

47:5,49:3,51'.7,

55:7,56:21, 57:.7,

57:23,67'.16,68'.4

profiles 1r1 - 69:20

program 1r1 - 39:20

propertrl - 27:9

proposed 1r1- 5:25

proposang t1l - 67:14

prosecution 121 -

5:19,39:3

protected 1s1 - 88:3,

90:7,90:12,90:16,

99:17

protection t2t - 73:14,

74:8

protocol to!- 17'.7,

17:9,17:10, 17:.11,

20'.20,20.,22,32:3,

32:8

P

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 120 of 124
10

protocols tsl - 16:25,

18:4,21:7,31:23,

3'l:25

provide Ist - 5:'13,

93:12, 94:5

pubescenttrl - 77:13

pubis 1r1 - 79:3

Public p; - 14:20,

't5:7, 15:11, 16:6,

17:1, 17:4, 38:21

pull I3t - 27'.17,87:22

purplelel -23'.11,

27:23

purpose Fl - 4:22,

9:'17,12:24

purposes p1 - 9:7,

107:13

purviewlrl - 35:22

push trl - 105:10

put n6l - 8:4, 22:3,

26:21,31:20, 45:10,

46:14,66:20, 69:15,

81:3, 84:18, 84;20,

87:18, 87:25, 88:3,

105:9,105:15

putting 121 - 87:20,

92:23

Q-tip1r1- 93:2

quadrillion tlt - 61:24

qualifiestrl - 39:10

qualify 111 - 19:4

quantity 1r1 - 63:11

quarterlrl- 107:1

questionstlol -12:19,

32:18, 34:12, 36:10,

59:17,65:14,65:22.

66:9,103:15, 105:1

quickerlrl - 8:10

quickly 1+1 - 11:,22,

47:16,72:11 ,76:10

quite tzt - 9:6, 90:20

range p1 - 48:'18

rape I2l - 48:'l , 57:21

rapid 1r1 - 76:4

rather t3l - 12:5,

12:10,50'.2

RBS1rl- 24:'l

reacts 111 - 35:15

read t4l - 6:14,28:15,

69:12, 70:1

rcadytgl - 11:5, 11:9,

11:11, 13:2, 13:3,

13:12,37:18,37:25

real t6l - 11:22,45:5,

51:24, 58:23,72:11

realistic tzl - 50:2,

51:3

reallylul -23:11,

43:25, 48:3, 53:5,

53:13, 56:5, 56:6,

57:13, 58:15, 71:5,

71:6,88:25,97:23.

107:17

reasonllll -24:11,

37:23, 53:5, 53:7,

53:13, 54:4,61:24.

7'l:8,75:23,84:18,

94:5

reasonable lrol -

33:17, 59:4, 59:12,

71:'12,91.,20,91:23.

95:'t0,104:20,

104:21,105:12

reasons 1n1 - 34:7,

94:2, 98:13, 104:5

rebuttal ts]l- 108:12,

108:15

rcceive6 - 17:5,

17:23, 18:9, 18:22,

2Q:21, 32:14, 33:7

received 1rr1- 18:25,

20:5,20:9,21:2,

21:22,26:.8,26:24,

26'.25,27'.6,28..1,

81 :1

receiving p1 - '17:20

recently 111 - 100:13

recess tol - 8:1 2,

10:25, 11:19, 37:13,

37:14,106:24

recessing g- 12:5

recognize 1e1 - 19:1 0,

25:20,29:1, 54'.18

recollection 1r1 -

19:23

record 1ro1 - 4:3, 4'.11,

6:4, 10:6, 11:'t6,

13:1, 14'.7,14:13,

37:15,37:20

recording p1 - 4:9,

5:14

rectal p1 - 43:'14

red'r1, - 25'.8,27:6,

27:7,31'.14

red/brown g- 23'.25,

24:10, 31:11 , 31:17

redirectlel -36'.'12,

65:16,103:18

REDIRECTTzT - 65:17,

103:20

Redirectlzl - 3:10,

3:13

refer t3t - 19'.2, 78'.7 ,

89:4

referenced p1 - 82:7

referring p1 - 20:20

refresh p1 - 19:3,

19:23

regarding I5l - 17:6,

'18:4, 19:24,70'.4,

108:17

regardless 1r1 - 68:1 3

region p1 - 41:11

Regional g- 14:21

relate 111- 69:4

related 1s; - 68:23,

69:9,75:11 , 77:3,

98:3

relates 111 - 10:8

relax p1 - 10:23

relevant 121 - 10:7,

10:11

remain t2t - 47:17,

47:18

rcmembert8l - 36:3,

37:'12,68:12,80:7,

81:12, 88:7, 94:25,

107:7

remembering 1r1 -

86:19

reminding t1l - 23:20

reminds 111 - 31:9

remote 121 - 103:3,

103:25

remove I2l - 44:24,

94:13

rcmoved 1r1- 85:5

rendering p1- 92:5

reporttrst - 19:13,

19:15, 19:21,53:23,

53:24, 54:19, 54:22,

65:2,67:20,77'.24,

93:1, 93:18, 94:1,

96:19,97:1

repo(edtrl - 100:9

Reporterlzl - 1:22,

1 10:1 5

reporterlrl - 72:13

REPORTER'S 1r1-

1:16

reports 1r1 - 93:20

request 601 - 4:16,

5:17, 5:19,5:22,

9:21, 10:16, 12:14,

65:24,92:'13

requested 16l - 6:20,

9:20, 35:16, 64:3,

64:5, 65:20

require 1r; - 50:9

required 1s1 - 17'.15,

17:24, 18:2,20'.22,

20'.24,21:1,21:7,

32:2,39'.14

requirements Irl -

17:21

requiring g-31:23,

32:1

research 1e1 - 1 5:1 0,

69:4

resources t2l - 53:1 8,

64:8

response t1l - 5:4

responses t2l - 12:20,

12:22

restate p1 - 97:1 3

resultl4 - 51:15,

55:12, 55:15,82:22

rcsults1s1 -21:13,

65:2, 67:11

retain 1r1 - 33;1

retained til - 21:23

rethink 111 - 53:11

reviewlel - 10:'15,

33:9,33'.22,83:17,

83:19, 92:13, 92:15,

92:18

reviewed Isl - 50:9,

83:2'1, 93:10, 96:25,

97:1

reviews 121 - 50:14,

50;15

rid nl- 44:3

riding 111 - 90:15

rimtlt - 79:17

riseg- 43'.22

risen tl! - 44:21

room tel - 22:22,

23'.17,31:1,31:7,

37:.10,47:17, 47:18,

107:1, 109:7

RPR 1s1 - 1'.21, 110:7 ,

1 10:1 5

rubbed 111 - 85:5

rubbing 1oy - 44:6,

46:5, 46:14, 76:8,

89:18,94:12

Ruletgl - 36:21,72:4,

106:7

rule1r1 -'t08:19

run1l- 4:24

running 121 - 9:17,

90:'15

Safety y1 - 14:20,

15:7, 15:11,16:6,

17:1, 17:4,38'.21

saliva 1s1 - 15:3,

15:18,22:24,67:23,

68:21

sample 1r+1 - 17:5,

22:6,4'l:5, 41'.18,

41:19,45'.3, 47:4,

48:14, 49:13, 49:14,

53:17, 56:18,63:18,

63:20

samples t4l - 55:5,

65:3, 65:6

SANErrl - 75:5, 93:1,

96:19,102:17

satfi - 47i21

satisfactory y1- 13:7

sawt6t - 8:22, 88:6,

89:9, 91:17, 93:15,

103:10

scale 1s1 - 29:22,

30:10,102:24

scaning p1 - 76:21

scars t2l - 76:1 8,

76:23

scenario 121 - 67:3,

68:22

scholarly Ill - 1 0:'l I

Science p; - 39:12

scientific 1a1 - 15:20,

21:11, 21:19

scientist tst - 18:20,

51:23,54:2,71:17,

104:9

scrapings 101 - 54:11,

55;2, 55:9, 55:19,

56:'1,59:4

scratched t2l - 85:5,

105:16

scratches y1 - 78:'10

scratching t6l - 89:1 9,

92:24,94'.4,96:21,

96'.24,104:6

screen [3] - 29:18,

30:5, 78:25

screening 1r1 - 61 :1 7

seal 111 - 27:9

sealed t2t - 20:10,

27'.6

search Jz1 - 23:5,

23:13

seat tst - 13:24, 31:19,

72:22,81:25,89;7

second 1e1 - 5:24,

27:12, 49:9, 49:14,

71:1,85'.11

secondary 1r1 - 55:1 7

seconds 1r1- 8:22

secretions 11l - 22:24

sections nt - 4:21

see Fal - 4:23, 9:8,

9:17 , 18:21, 23:21 ,

24:4,24'.9,24'.10,

24:13,29:14,30'.4,

30:16, 30:21 , 31 :2,

31:'17, 45:5, 45:8,

47:4,53:1, 54:2,

57:12, 58:22,63'.13,

o

R

S

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 121 of 124
11

68:6, 72:10, 75:1,

75:2,75:23,75:25,

76:9,76:21,76:22,

77:25,78:4,78:9,

79:8,79:'12,81:15,

81:17,81:20,81:22,

81:24,84:19,84:20,

84:24, 85:8, 85:10,

86:6, 86:7, 87:23,

88:'1, 88:2, 88:24,

tt9:19, 90:20, 94:17,

95:2, 95:6, 96:2,

103:6,'104:19,

'107:11,108:5,

109:10

seeing I7l - 30:10,

78:23,89:21,91:12,

91:'17,94:20,94:21

SEGOVIANO nl - 'l:6

seldom fi-76:21

selectionlrl - 11:23

self 1s1 - 96:1 , 99:3,

99:4, 99:5

self-inflicted 121 -

99:4, 99:5

self-pleasuring 61 -

99:3

self-soothing trt96:1

self-touching 1r1 -

99:3

semen [3ol - 15:3,

15:18,16:17,'16:19,

16:20, 16:21, 17.,22,

17'.25, 18:2, 18'.3,

20:17,20:22,21:14,

22:16,22:23,23:6,

23:9,23'.1'1,3'l:23,

32:7,32:23,33:3,

?4:22,42'.24, 47:13,

47:14,47:25,48:1,

57:21,58,,2

sense tsl - 4:25,

46:15, 51'.25, 55:14,

91:11

sensitive 61 - 96:11

sentl2l - 11:3,50:13

separate t2l - 35:1,

35:2

separation t1l - 63:6

series 1e1 - 32:16,

32:'18

serologlcal t1l- 14:24

serologist 1a1 - 18:12,

21:24,28:12

serologylrrl - 14:23,

14:25, '15:1, 15:13,

15:16, 39:2, 39:6,

39:25, 40:5, 52:3,

52:14

Serology 1s1 - 1 7:1 ,

17:4,38:25

sets trl- 50:23

scveral t2l -21:23,

82:3

sex t2el - 17:8, '17:17,

17:20, 17:23, 17,,24,

18:1,18:6,18:7,

18:9, 18:11, 18:15,

18:16, 18:22, 18:25,

20:11,20:12,20'.13,

20:14, 20:21 , 26:.1,

26'.2,32:3,32:5,

32:9,32:11,32:15,

33:1, 33:7

sexual 1so1 - 17:6,

32:16, 58:8, 73:18,

74'.2,75:4,75:8,

75:11,75:14,75:16,

75:18,76:3,76:,7,

77:7,78'.3,78'.4,

80:1 6, 82:1 1 , 83:7,

83:11,83:18,89:25,

90:1, 92:25, 93:16,

97:17,97:19,97:20,

97',21, 97,,22, 97:24,

98:2, 98:8, 98:15,

100:2,101:17

sexually p1 - 59:5,

82:11, 84:17, 98:5

shapetrl - 86:17

shaped 121 - 79:16,

79:17

sharetrl- 42:15

shiny 1r1 - 25:8

shoe 1r1 - 41:10

shoplrl- 74:17

short p; - 10:25, 37:9,

37:14,96:23

shortly nt- 37:1'l

shownst - 4:3, 11'.1,

1'l:16, 19:8, 19:'16,

23:18,25:17,25:18,

28:23,29:25,30:15,

37:15, 80:11, 80:23,

85:12, 85:14, 87:8,

96:5

showed tll - 91 :15

showing 1s1 - 19:9,

29:2,30:9, 54:17 ,

87:4

shown 1r1 - 29:18

shows 121 - 42:13,

58:12

sldefl - 29:10, 85:16,

88:23, 89;4, 91:5,

92:21,109:7

significance 1ry - 81:8

significantyl- 86:15

slgns pl - 76:1 9,

77:25

silence 121 - 4:21, 8:23

similartzl -29:17,

29:23

simply Ft- 6:20, 6:23,

8:2, 9:18, 51:2

single trl - 51:3

site 111- 84:24

sitting 121 - 67:9,

67:1 8

situations Jrl- 36:4

six 1s1 - I 5:1 3, 33:23,

34:8, 95:21

six-year-old 111 - 34:8

size tsl - 27:21,41:10,

8'l:5, 102:15

sizes t6l -24:3,24:15,

41:7,41'.11, 41:13,

42'.8

skill trt-110:10

skin t25l - 43:1 6,

43:18,43:20, 43:21,

43:24, 44:17,44'.21,

46:23, 47:10, 48:6,

48:7,48:21,49:17,

67:23,70:22,4:23,

85:4, 85:7, 86:3,

94:10, 94:11, 95:5,

101:4, 101:22

skiplrl- 4:24

slidetll - 102:3

slightly 111- 87:22

slough 1s1 - 40:1 8,

94:1'1, 95:6

sloughed tll - 43:19

sloughertll - 44:12

sloughing p1 - 43:21,

44:19

small tal -4:21,24:3,

24:20,24:21,86'.8,

87:18,94:24

smallerlrl - 79:8

Snyderlrl - 37:20

Society 111 - 50:21

someone t6l - 42:12,

88:1 1 , 88:1 5, 88:1 6,

96:5, 98:5

sometimes t2l - 9:8,

94:9

somewhatnl - 77:19

somewhere 1r1 - 48:4

soon tll- 107:9

soothing 1r1 - 96:1

sophisticated 1r1 -

81:1

sore Irl - 96:'ll

sorry t21l - 15:25,

19:17,25:19,26:15,

27!15,29'.8,29'.14,

30:8, 30:24, 34:4,

34:5,41:25,46:10,

46:11, 54:21,67:12,

74:4,101'.24,

101:25,105:3,

106:12

sortlrl - 99:10

sorts nl - 39:'19

sound 6y- 5:9

source t5l - 22:21,

23:4,24:14,30:25,

31 :6

sources 111 - 12:23

special tlt - 24:13

specialty 121 -73:12,

73:1 3

specific trol - 15:12,

'16:3, 17:21, 18:4,

26:19,66:13,90:9,

96:16,108:15

specifically tol -

'17:20, 18:7, 52:23,

69:8, 75:8, 83:8

speech 1r1 - 10:7

spell tlt - 14:15

sperm 1r1 - 21:8

spermatozoa t8l -

16:17 , 16:20, 16:2'l,

21:16,34:24, 40:16,

43:1,43:2

spill 111 - 109:2

Stnt - 73:18

stafftll - 74:9

stain tal - 26:6, 28:18,

29:17,29:18,29:24,

31:14, 86:8, 86:1 1

stained 1r1 - 28:11

staining 111 - 52:22

stains 1rs1 - 23'.25,

24:2,24:9,24'.10,

24:16,24:22,28:13,

28:15,28:20,29:12,

29:13,29:14,29:21,

30:13, 31:11, 31:17,

34:1 I

standpl -78:24,87:7

standard t3l - 41'.15,

51:9,55:17

standardized 1r1 -

26:2

standards t4l - 49:7,

50:7, 50:8, 50:24

standing 111 - 78:12

starttl6l - 4:6, 4:16,

7'.3,7:5,7:22,8:13,

8:20, 37:9, 49:11,

62:15,77:22,79:10,

85:'18,90:22,

106:25,109:'l

startedlsl -73:17,

77:14,97:10

starts t3l - 47:2,47:3,

47:7

state tsl - 14:6, 14:12,

38:4, 38:18, 72:16

STATEIzt- 1:1, 1:3

Statetgt -2:2,6'.20,

8'.4,'12:14,13:2,

13:3, 13:14, 37:'18,

38:2

State's Fl - 7:23,

19:9, 25:18, 29:3,

30:1,31'.12

States 1r1- 16:8

states 111 - '17:25

statistics 1sy - 39:18,

61:21, 68:4

stay 1zt - 47:22,48:2

stays p1 - 84:23

stenographerpl -

14:16

step tst - 7:13,21:15,

21:18,31'.7

stick 111 - 57:25

sticky p1 - 46:18,

46:20

stillnol - 7'.10, 10:7,

6'l:14,77:8,77:19,

81:13, 84:23, 86:15,

88:2, 88:3, 99:17,

10'l:22,102:8,

'105:7, 105:11,

107:14

stop 1zl - 67:12,74'.17

stopped 1r1 - 23:13

storage 1s1 - 18:9,

21:24,22:4,33'.1,

66:2

storytet - 18:19,

18:20, 18:21,32:10,

32'.12,32i20,51'.20,

67:21,68:20

straddle tal - 90:20,

90:21, 91:1, 91:4,

91 :8, 91:24, 99:8,

104:4

straddling 1r1 - 91:24

strand 121 - 41:8,47:3

stretch t3t -77:'17,

77:20,81'.13

stretched 111 - 81 :'l 6

stretchlng til - 81:17

STRs 111 - 68:3

studies tzl - 69:4,

70:1

study tot - 69:9, 69:1'1,

82:6, 82:8, 82:'10,

82:.14

stuff lzl - 18:18,21.,25

subpoenaed nl -

37'.21

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 122 of 124
L2

success I1l - 67:1 5

sufficient t4l - 6:7,

6:8, 60:25, 63:'ll

suggesttlt - 16:1 1

suggested p1 -

105:19

superficial p1- 86:15

SUPERIORnT- 1:1

supplementpl - 10:6

support 1r1 - 95:8

suppose t2l - 105:5,

108:9

supposed 111- 69:20

surface pt - 43:18,

43:19,43:22, 44:8,

44'.'17 , 45:7, 45:8,

46:15,91:6

surrounding 1r1 - 85:7

surrounds 121 - 77:5,

80:8

suspect 1s1 - 7:9,

53:7,53:14,67:20,

70:9

suspecfs p1 - 57:22

sustain 1r1 - 92:10

sustained trl - 82:17

swablal -22:20,

45:11, 81:4

swabbed 1r; - 56:7

swabs 1ay - 20:25,

64:16,64:22

sworn tel - '13:20,

13:22, 14:2,38:6,

38:8,38:14,72:20,

72:21,73'.2

symptoms til - 95:3

tagless 1r1 - 27:24

tape 1s1 - 27:6, 27:7,

27:9

taught 1r1 - 75:'l 3

team tel -73'.14,74:8,

74:11

tearg-77:8

tears 1r1 - 103:7

technology Jzl -

39:22,68.,2

television 1r1 - 58:12

temperature Jzl -

47!17, 47:18

ten 111 - 39;8

tend 121 - 91:4, 91:5

term lgt - 80:4, 100:23

terminology 111-

88:24

terms 121 - 80:2, 80:3

test Frt - 1 5:23, 1 6:1 ,

16:3, 16:4, 16:17,

16:19, 16:22, 17:25,

19,,24,20:16,20:22,

20:24,21:1,21:10,

21:14,21:15,22:4,

22'.9,23:3,23'.'12,

23:22, 24:7 , 24:21,

24:24,25:1,25:15,

28:1,28:17,32:10,

35:1, 35:10, 35:13,

35:14, 48:8, 50:2,

51:3,53:1,53:5,

60:11, 60:'t3, 66:'t1,

68:25,76:25

tested 1zo1 - 22:6,

22:15,23:9,24:3,

24:11,30:14,33:24,

34:22,35:16, 51:4,

51:17, 51:25, 52:3,

53:12, 55:1, 56:22,

60:22, 63:8, 64:15,

64:16,64:22,64:24,

65:3, 65:20, 65:25,

68:14

testified tgt - 14:3,

38:15, 52:9, 56:15,

7'l:16, 73:3, 89:11,

93:15,97:10

testifypl- 83:13

testifying tll - 97:10

testimony t4l - 8:9,

10:'14,67:2, 107:5

testing 1zs1 - 14:23,

14'.24, 16:4, 17:17,

17:22, 18:5, 18:6,

21:7 ,22:1 , 22:13,

24:24,32:3,34:21,

42:14, 52:6, 57:13,

61'.25,62..24, d4:1,

64:10, 67:13, 68:24,

69:3, 69:5, 69:9

tests t2sl - 15:14,

15:19,16:7,16:11,

16:13, 16:14, 16:22,

17..13,21..3,21:6,

21:10, 21:13, 21,,21,

22'.5,24..20,25:1Q,

25:13,28:22,31:23,

32:1 ,35:2, 81,,2,

81:3

Texas trl - 73:16

THE trogl - 1:1, 1:2,

1:3, 1:13, 4:3,4:18,

4:22,5:3, 5'.7,5:12,

5:17,5:24,6:3, 6:6,

6:11,6:13,6:17,

6:19, 7:1, 7:3,7:12,

7:16,7:19,7'.21,

7:25,8:5,8:17,8:19,

8:25, 9:10, 9:14,

9:23, 10:1,'t0:5,

10:12, 10:21, 10:23,

11:1,11:8,'t1:13,

11:16, 13:4, 13:6,

13:12, 13:16, 13:18,

13:19, 13:21, 13:23,

14:8, 19:2, 19:4,

27:14,30:4,30:6,

34:14, 36:1 1, 36:14,

36:17,36:19,36:23,

36:24,37'.1,37:5,

37:8,37:15,37'.24,

38:2, 38:5, 38:9,

54:15, 59:18,65:15,

71:23,72:1,72:3,

72:6,72:7,72:10,

72:14,72:18,72:22,

72:24,78:18,78:20,

82:16,87:9, 87:11,

97:6, 1 03:1 7, 1 06:1 ,

106:4, 106:6,

106:10,106:1'1,

106:14, 106:17,

106:21,106:23,

107:16,107.,25,

108:2, '108:4,

'108:18,108:22,

108:24,'109:6,

'109:10

themselves tsl -

10:13, 95:24, 95:25,

96:3,96:'15

they've trt - 98:1

thinking 1s1 - 7:8,

78:2,86:20

third t+t - 62'.17,

62:25, 85:14, 91 :3

third-party py - 62:17,

62:25

THOMAS 1r1 - 2:3

thousands trl - 96:10

thread trl - 65:6

three 1+1 - 12:9,74:9,

74:10,85'.23

three-day1r1 - 12:9

threshold 121 - 49:2,

49:1'l

thresholds lzl - 49:4,

49:10

throughoutlol -

26:13, 40:12, 41:1,

46:6, 50:23, 50:25

tight p1 - 94:12,94:23

timing 61 - 4:13

tiny p1 - 13:9

tip 111 - 93:2

tissuelel - 76:4,

76:2'1,77:5,77:6,

80:8, 85:4

tissues Isl - 81:12,

98:23,10'l.,21

title 111 - 74;5

today 1a; - 7:9,7:13,

7:16,8:12, 12:4,

12:13,61:14, 106:16

Todd tlt - 11:4

togetherlsl -25:15,

69:15, 87:20

toluidinet3l - 84:15,

85:12,90:6

tomorrowlry - 12:10

tookl5t - 19:14,

19:22, 48:8, 93:2,

'105:15

tool 61 - 83:10

top p1 - 24:8,44:21

Toporek lzt - 38:4,

38:19

TOPOREKtzt- 3:8,

38:13

tom t1l - 9:6

total lzl - 8:22,64:15

touch 1r+1 - 44'.7, 45:7,

46:12, 47'.10, 57:'1,

57:5, 57:9, 59:5,

67:8, 67:10, 70:5,

70:22,77:21,95:22

touched 1s1 - 56:25,

68:9, 93:4, 93:5,

96:5

touching 1ro1 - 44:8,

46:14, 46:18, 47:21,

58:7 , 67:16, 67:21,

67:22,67.,25,76:8,

81 :4, 93:3, 95:19,

95:24,95:25,96:2,

96:'12, 99:3

towards lgl - 7:22,

87:23,92:20

toxicology 1t1 - 14:22

trace tsl - 48:'t9, 57:6,

68:'l

traced trl - 69:2't

tracttrl- 94:4

traction 1s; - 87:20,

87:25, 88:3

trained fi-71:17

training 1rz1 - 15:6,

15:12, 15:13,39:14,

39:16, 39:17, 39:20,

39'.21, 39:22, 40:7 ,

59:11, 64:8, 69:'t3,

73'.21,75:4, 82:21 ,

89:24

transcript 121 - 9:8,

't 10:9

TMNSCRIPTITt1:'t6

transcripts p1 - 9:2

transferlnl - 214:7,

44:8, 44'.11, 47:24

transferred 111 - 46:5

transferring 1sy -

46:13,48:4, 48:21

trauma pal - 36;6,

76:9,76:14,77:3,

78:4, 80:16, 81:14,

81:23, 8'l:24, 86:3,

89:16, 89:17, 94:15,

95:17, 98:7, 98:23,

99:9,100:19,

1OO:20, 101:7,

101:9,101:'t5,

101:17,1Q1:20,

102:11,'103:11,

103:12

travelpl-74:21

treat 121 - 20:23, 33:2'l

treated trl - I 7:1 9

treating 111 - 1 7:1 7

trends lrl - 39:22

TR|ALlrl - 1:'t7

trial tq - 8:9, 11:24,

106:8, 107:13,109:1

true 1s1 - 43:25, 66:1 5,

1 10:8

trying 1e1 - 11:25,

66:24

Tucson 1r1- 92:'18

Tuesday 1sy - 1 07:1 5,

107:18,109:1

turn t+l - 13:8,25:4,

29:8, 30:'l

tumslzl - 8:'10, 23:11

Wgnl - 38:10, 58:22,

58:25

twicetrt - 70:15

twot2Tl - 19:16,

19:19,23:10,23:21,

25:3,25:13,25:15,

26:18,29:12,29:13,

29:20,29:21,41:9,

41:11,42:6, 42:8,

50:14, 50:15, 50:16,

53:25,64:16,64:22,

67:8, 68:4, 70:'18,

85:22,102:18

two-dimensional U -

102:18

typepsl -32:20,

32:24,33:4,34:1,

35:10, 35:17, 35:23,

36:5, 58:13, 58:15,

61 :5, 61:'10, 6'l :24,

62'.4,68:24,76:23,

81:2,86:10,89:'16,

89:17, 89:18, 94:1,

94:12, 94'.17, 96:17 ,

99:21, 100:3, 100:7,

101 :2, 1 05:2, 1 05:8

types n - 42:22,

T

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 123 of 124
13

57:18, 61:14, 78:9,

100:1,101:9,102:10

typically poy- 33:9,

75:12,75:23,75;24,

76:3,76:16,76:20,

77:12,78:2,78:4,

78:9, 80:15, 86:12,

88:21, 88:25, 91 :4,

91:5, 95:24, 96:2,

97:1 6

typing 121 - 61 :6, 61:8

U.S trr - 50:23

umbrellalrl - 16:14

unable 1r1 - 49:7

uncommon [2] -

95:22,98:1

underlsl - 16:10,

25:6,25:7,77:15,

77:16

undergarments p1 -

33:9

undemeath 121 -

55:23, 85:6

underpants 1t1 - 26:7

underside trt - 55:21

undenrear 104 -

22:14,22:15,23:5,

23:14,23:19,23:23,

24:7,24:17,26:3,

27'.22,27:23,27:25,

28:4,28'.7,28'.8,

28:11,29'.6,29:9,

29:15, 30:2, 31:13,

31:15,31:20,33:12,

33:15, 33:19, 33:20,

35:5, 35:8, 36:1,

52:3,52:20, 53:23,

60:18, 62:3, 62:13,

62:22,62:24,63:8,

63:24,66:24,67:6,

69:2, 69:3, 69:5,

69:10,69:'15,69:16,

69:25, 86:7, 86:8,

94:23,94:25, 103:4,

'103:5, 103:6, 103:7,

103:11,103:12,

103:13,105:2,

105:4,105:10

unequivocally 1t; -

49:24

unexpected t1l -

70:22

uniquelzl - 26:16,

26:19

Unittel - 17:1,17:4,

38:25

unittgl - 14:22, 14:23,

17,,2, 17'.12,39:6,

39:8, 39:14, 40:1,

40:5

United nl- 16:8

University 1r1 - 39:13

unless 1r1 - 34:9

unlikely 1a1 - 53:14,

70:10,70:22

unusual p1- 25'.7,

35:25

up I23l - 6:9, 6:1 5,

12:2, 12:4,23;18,

30:1 8, 37:1 1 , 45:20,

56:8, 68:2, 72:10,

78:12,79:3,79:13,

83:8, 86:21, 87:14,

87:19, 87:23, 90:6,

100:13,107:2,

108:25

uppertq - 85:4,

89:19, 94:13, 95:5,

98:23

upstaiE til- 74:13

uptakelll - &4:22,

85:6, 85:12, 86:2

urethra trl - 79:1 3

urinary p1 - 94:4

urine 111 - 15:3, 'l 5:18,

79:14,81:2

vagina 1a! - 52:23,

59:6, 66:21, 76:12,

77:6, 80:18, 88:4,

88:6

vaginal p1 -22'.24,

40i15, 43i13,70:14,

80:8, 80:9

valid 1r1 - 61:14

variabilitylrl- 42:10

variety 1r1 - 40:20

various 1z; - 40'.12,

40:25

varygrl - 81:7

varyingg-24'.3

vasculartll - 86:14

verbal Irl - 90:25

verdictlrl - 109:5

victim tsl - 33:8, 48:1,

51:9, 56:19, 56:24,

d4:22

victim's 1n1 - 12:20,

12:22, 54:5,68:22

video tst - 4:16,8:21,

9:3, 9:5, 9:9

viewtsl - 9'.4, 12:19,

12:20,83:25,91:14

virginity 1a1 -76:25,

77:1 ,77:3

visual tzl -25:14,

28'.17

voirtsl - 11:23,'12:2,

107:16

volatile 1r1 - 44:4

volumetrl - 13:7

vs trl - 1:5

vulva 1s1 - 80:3, 80:4,

80:5, 80:9, 87:17,

88:6, 88:7, 88:10,

88:1 2

waitp1- 12'.9,58:25

waiting Jzl - 7:'14,

12:10

walk Jrl - 38:10

walking 1ry - 90:15

wash 1r1 - 44:13

washedtll -28:19,

44:9,45'.6,47:20

washing 1s1 - 44:6,

44:24, 46:3, 46:4,

46:21

waste tsl - 44:1 ,

53:15,53:'16

watch Je1 - 12:17,

42:12,58:17

watching 1r1 - 9:9

ways 1r1- 28:2'l

wearing 121 - 69:23,

71:2

Wednesday 1r1 -

107:14

weeklgl - 12:3,

108:1 1

weekend Isl - 12:9,

107:4, 108:5

well-groomed 111 -

96:23

WELLNERIal- 1:21,

110:7,1'10:15

whereas t3l - 48:3,

61:22,77:21

white 1s1 - 20'.1 5, 27 :6,

27:23,40:19

wholem -4:22,9:16,

28:21, 33:5, 68:5,

80:5, 87:14

wide pl - 85:1, 86:24

Wilhelmi tet - 12:18,

18:23, 19.,25,27:10,

56:19,56:22

Wlhelmi's 121 - 26:9,

28:1

wiretsl - 91:14, 91:15,

91:16, 91:18, 91:2'l

withdrawing p1 - 9:21

WTNESS 1ro1 - 3:4,

13:18, 13:21, 19:2,

30:6, 36:23, 72:6,

87:11,'106:10,

110:12

Witness tzl - 36:25,

72:9

witness t22l - 7:6,

8:11, 12:1,12:11,

13:13, 13:22, 14,,2,

36:15,36:22,37:2,

37:3, 38:3, 38:8,

38:14,71:23,72:15,

72:2'1,73;2,91:2,

106:2, 106:13,

'106:18

witness'1r1- 10:'14

witnessed 1t1 - 82:4

witnesses tsl - 4:1 7,

7:9, 106:15, 107:22,

1Q8:12

witnesses't1l - 8:9

woman 1a1 - 33:8,

33:12, 33:18

word t4l - 17:9, 49:5,

53:20, 101:'15

wording 121 - 5:25,

8:14

words 1a1 - 10:10,

10:13,103:22

worker Jz1 - 69:21 ,

70:3

workers trl - 69:14

world tst - 45'.5,47:6,

51:24,58:23

worry nl - 108:19

worth I1l - 12:8

Worth 1tl- 73:16

write I1l - 23:15

written trl - '17:7

Y-STRs 1r1 - 68:3

year tsl - 15:9, 34:8,

55:20,7'l :3,90:14

yearly 1r1 - 39:22

years tsl - 33:23, 39:9,

39:24, 40:2,62:8,

67:8,67:17,73:17,

73',24

young t2l - 33:23,

95:23

youngertsl - 77:19,

78:6,79'.10,79:23,

95:21

yourself 1r1 - 73:8

U W

V

Y

Case 2:15-cv-02064-DLR Document 82-5 Filed 05/16/19 Page 124 of 124