Mr. Britt (02:32):
Judge, we'd like to conference a matter with you in the back please.
Judge (02:35):
Okay.
Mr. Britt (02:35):
I'll [inaudible 00:02:41].
Bailiff (02:48):
Just let me know when they're back in the jury room.
(02:49)
Are you ready, Your Honor?
Mr. Britt (11:41):
I think so.
Bailiff (11:42):
Remain seated. Come to order.
Judge (11:46):
Mr. Britt, was she going to get the other individual that's sitting outside?
Mr. Britt (11:50):
Yes, Your Honor.
Judge (11:50):
Okay. We'll wait for a few minutes then.
Mr. Britt (12:06):
Can we approach?
Judge (12:07):
You may. Wait for her to come in. Thank you.
(13:27)
Ladies and gentlemen, I was informed this morning that there was an incident outside this courthouse. You must understand that being in this courtroom is a privilege. If anything happens again, whether inside this courtroom or outside this courtroom, you will not be allowed back in here to watch these proceedings. Am I understood?
Attendees (13:51):
Yes, sir.
Judge (13:53):
All right. Thank you. Is there anything that we need to discuss before we bring the jury in on behalf of the defense, Mr. Britt?
Mr. Britt (14:00):
I need one second to go out to my car and get my glasses.
Judge (14:03):
Okay.
Mr. Britt (14:03):
Otherwise I'll be using-
Judge (14:04):
Hold on before you leave. Mr. Smith, is there anything that we need to bring up?
Mr. Smith (14:07):
No, Your Honor.
Judge (14:07):
Okay. All right. Go ahead.
Mr. Britt (14:07):
Thank you [inaudible 00:15:30].
Judge (14:07):
You're welcome. You ready to proceed, Mr. Britt? You ready?
Mr. Britt (14:07):
Yes.
Judge (14:07):
Okay. Let's bring the jury in.
Bailiff (14:07):
Bringing in the jury. Jury is seated, Your Honor.
Judge (16:18):
Thank you, sir. Let the record reflect that the jury has reentered the courtroom. Members of the jury, go ahead and put those red badges on, as I see everybody has. And allow you to get situated here in a minute. All right. State, and you may call your next witness. State
State Attorney (17:38):
Calls Lisa Hunt to the stand.
Judge (17:48):
All right, ma'am, if you can make your way around here to the witness stand, please.
Bailiff (17:51):
Please be careful.
Judge (17:59):
All right, ma'am, if you can place your left hand on the Bible, raise your right hand. The clerk will swear you in.
Clerk (18:03):
Do you solemnly swear that the testimony you give in court today will be the truth, the whole truth, nothing but the truth, so help you God?
Lisa Hunt (18:16):
I do.
Clerk (18:16):
Thank you. You may be seated.
Bailiff (18:16):
[inaudible 00:18:17]-
Lisa Hunt (18:16):
Thank you.
Bailiff (18:16):
... the microphone.
Lisa Hunt (18:16):
All right, thank you.
Judge (18:16):
I'm going to have you get as close to that microphone as you can. As you may have heard me instruct the other witnesses, you need to make sure you speak loudly and clearly into the microphone so everybody here can hear you.
Lisa Hunt (18:27):
Okay.
Judge (18:28):
Make sure all of your answers are out loud. Can't have any head shakes or nods or mm-hmms. Everything has to be yes or no.
Lisa Hunt (18:36):
Yes, sir.
Judge (18:36):
And please wait for the attorney to be done giving their question and talking before you give a response so that we're not talking over each other.
Lisa Hunt (18:45):
Yes, sir.
Judge (18:45):
Can you do that?
Lisa Hunt (18:46):
Yes, sir.
Judge (18:46):
All right. Thank you. Thank you. State, you may proceed.
State Attorney (18:48):
Thank you, judge.
(18:49)
Good morning, Ms. Hunt.
Lisa Hunt (18:50):
Good morning.
State Attorney (18:51):
Can you state your name for the court reporter and spell it, please?
Lisa Hunt (18:54):
Lisa Hunt. L-I-S-A, H-U-N-T.
State Attorney (18:58):
Ms. Hunt, where did you live in November of 2017?
Lisa Hunt (19:02):
104 Blackwater Drive, Watha.
State Attorney (19:05):
Is that in Pender County?
Lisa Hunt (19:06):
Yes, ma'am.
State Attorney (19:06):
And what county do you live in now?
Lisa Hunt (19:10):
Robinson.
State Attorney (19:12):
Is that where you're from?
Lisa Hunt (19:13):
Yes, ma'am.
State Attorney (19:15):
Are you married?
Lisa Hunt (19:16):
Yes, ma'am.
State Attorney (19:17):
Who are you married to?
Lisa Hunt (19:18):
Dale Hunt.
State Attorney (19:19):
Were you married to him back in November 2017?
Lisa Hunt (19:24):
Yes, ma'am.
State Attorney (19:25):
How long have y'all been married?
Lisa Hunt (19:27):
We got married in April of 2014, but we've been together since 2020.
State Attorney (19:37):
So you got married in?
Lisa Hunt (19:39):
2014.
State Attorney (19:40):
And you've been together...
Lisa Hunt (19:42):
We actually have been together since 2020. Do
State Attorney (19:45):
You mean-
Lisa Hunt (19:46):
I mean, I'm sorry. I'm sorry, 2000. 2000.
Judge (19:50):
Hold on. There is absolutely no commentary, no gasps, nothing from the audience while this witness is testifying. Okay? All right, you may proceed.
State Attorney (20:04):
Thank you, Judge. That math wasn't mathing for me.
Lisa Hunt (20:07):
I have seizures and sometimes they're petit mals and I also have an aneurysm next to my speech and sometimes I'm not putting out what I'm thinking.
State Attorney (20:17):
That's okay, Ms. Hunt. Did you live... So you lived with Dale, your husband, at 104 Blackwater Drive in November of 2017?
Lisa Hunt (20:26):
Yes, I did.
State Attorney (20:28):
And how do you know the defendant, David Prevatte?
Lisa Hunt (20:31):
He's my son.
State Attorney (20:33):
He's your biological son?
Lisa Hunt (20:34):
Yes, he is.
State Attorney (20:34):
Do you see him in the courtroom here today?
Lisa Hunt (20:37):
Yes, I do.
State Attorney (20:38):
Can you identify him by where he's sitting or an article of clothing?
Lisa Hunt (20:41):
His yellow shirt.
State Attorney (20:48):
Is Dale Hunt David's father or stepfather?
Lisa Hunt (20:52):
It's his stepfather, but he's his father. He's the only man that's raised him.
State Attorney (20:57):
How long has Dale basically raised David?
Lisa Hunt (21:00):
Since David was approximately 18 months old.
State Attorney (21:07):
And back on November 13th of 2017, who else was... Or were there any minor children living with you and Dale at Blackwater Drive?
Lisa Hunt (21:17):
Yes, my granddaughters, Savannah and Paitin.
State Attorney (21:20):
Is that Savannah and Paitin Fields?
Lisa Hunt (21:22):
Yes.
State Attorney (21:24):
How are Paitin and Savannah related to you?
Lisa Hunt (21:28):
They're my grandchildren.
State Attorney (21:33):
Are they David's children? Whose children are they?
Lisa Hunt (21:35):
They're my daughter, Laura's. She's right there.
State Attorney (21:43):
How old was Savannah and Paitin at the time?
Lisa Hunt (21:47):
Seven and five.
State Attorney (21:48):
Who was seven?
Lisa Hunt (21:50):
Savannah was seven. Paitin was five.
State Attorney (21:55):
Why were they living with you?
Lisa Hunt (21:58):
Actually, it began for her to... They were both to go to a better school than what Robinson County had at the time. So we brought them home for Penderlea because Penderlea's an excellent school. My children went there. They went to Robinson County too, but they fared better back at Pender, both of them.
State Attorney (22:14):
Had DSS awarded you custody of Savannah and Paitin?
Lisa Hunt (22:17):
No, ma'am.
State Attorney (22:20):
How long had you had Savannah and Paitin?
Lisa Hunt (22:26):
I don't remember the year. Things are... 2014. Was it 2014, maybe? I'm not for sure.
State Attorney (22:37):
So you had had Savannah and Paitin for a few years-
Lisa Hunt (22:40):
Yes.
State Attorney (22:41):
... when it was November 2017?
Lisa Hunt (22:42):
Yes. I got Paitin when she was three, so it had been two years, so yes.
State Attorney (22:50):
And so it was you, Savannah, Paitin, Dale living in the house up until when David moved back in, right?
Lisa Hunt (22:59):
Yes. David did not move. He was from his aunt's to mine his whole life. So he went from one house to the other. So when he would go stay with his aunt and he decided to come home, he would come home. He was not gone that long.
State Attorney (23:16):
So in November 13th of 2017, was the defendant David Prevatte living at Blackwater Drive?
Lisa Hunt (23:23):
Yes, he was.
State Attorney (23:25):
And he had recently come back?
Lisa Hunt (23:27):
He'd come home that weekend. He'd been there two weeks before and he'd come home that weekend. It's just nothing unusual for David to come home.
State Attorney (23:36):
And so he had been staying at his aunt's house? Was that with his girlfriend as well?
Lisa Hunt (23:42):
No, she was staying at the aunt's mother's house in Atkinson, Ann Youngamus.
State Attorney (23:50):
And you said at the time all this happened, Paitin was five and Savannah was seven?
Lisa Hunt (23:55):
Yes, she was. Yes, they were.
State Attorney (23:56):
May I approach, judge?
Lisa Hunt (23:57):
You may.
State Attorney (24:10):
22 and 23. [inaudible 00:24:09]. Ms. Hunt, I'm going to show you first State's Exhibit 22. Who is that a photograph of?
Lisa Hunt (24:15):
That's Paitin.
State Attorney (24:16):
Is that when she was younger about-
Lisa Hunt (24:18):
She was about two or three. We was in front of my mother's work at Scottish Packing in Lumberton.
State Attorney (24:24):
Okay. And State's 23, who is in that photo?
Lisa Hunt (24:26):
Paitin and Savannah.
State Attorney (24:27):
About how old were they in that photo?
Lisa Hunt (24:34):
Approximately three and five.
State Attorney (24:37):
And Ms. Hunt, do these photographs, State 22 and 23, fairly and accurately show Paitin and Savannah as they appeared back when they were younger?
Lisa Hunt (24:49):
When they were little, yes, it does.
State Attorney (24:51):
Judge, the state would move to... And would this help your testimony here today?
Lisa Hunt (24:56):
I don't need pictures. What do you mean help my testimony?
State Attorney (25:00):
Would this help illustrate what they looked like at the time for your testimony today?
Lisa Hunt (25:05):
This was when they were younger.
State Attorney (25:08):
Okay.
Lisa Hunt (25:08):
There's newer pictures of them together. That's when they were younger.
State Attorney (25:11):
Okay.
Lisa Hunt (25:12):
That's not seven and five.
State Attorney (25:14):
Okay. Judge, the state would like to enter State's 22 and 23 for illustrative purposes.
Judge (25:19):
Any objection?
Mr. Britt (25:20):
No, sir.
Judge (25:21):
State's Exhibits 22 and 23 will be admitted into evidence.
State Attorney (25:26):
I may publish?
Judge (25:27):
You may publish.
State Attorney (25:27):
And is that Paitin?
Lisa Hunt (25:27):
It is.
State Attorney (25:34):
And that's State's 22. Now publishing State's 23. Is the taller individual Savannah Fields?
Lisa Hunt (25:43):
Yes, it is.
State Attorney (25:43):
And the smaller one, Paitin Fields?
Lisa Hunt (25:45):
It is.
State Attorney (25:46):
Thank you. Ms. Hunt, I want to go to the evening of November 12th of 2017 before Paitin was taken to the hospital, okay?
Lisa Hunt (26:05):
Okay.
State Attorney (26:07):
That night, was something going on with Paitin?
Lisa Hunt (26:11):
Paitin had been sick all weekend.
State Attorney (26:14):
And sick with what? Do you know?
Lisa Hunt (26:16):
I thought it was a cold, just a really nasty cough. No fever, just really nasty cough. She was with her mother on Friday. She played with her cousin. He had hand, foot, and mouth, and so they got her away from him and I got her back that afternoon. And I took my mother to the beauty shop and Paitin went in the beauty shop and curled up in the recliner and went to sleep, which was very unusual for her because Paitin was an active child. She did not take afternoon naps.
State Attorney (26:43):
So on the night of November 12th, Paitin wasn't feeling too well?
Lisa Hunt (26:48):
She hadn't been all weekend, really. I went earlier that day and got some Dimetapp from Walgreens.
State Attorney (26:53):
And this is a Sunday, right?
Lisa Hunt (26:54):
Yes, it is a Sunday.
State Attorney (26:59):
That evening, where did Paitin initially fall asleep?
Lisa Hunt (27:02):
In my bed.
State Attorney (27:04):
Who else was there when she was asleep in your bed?
Lisa Hunt (27:08):
Dale and Savannah.
State Attorney (27:14):
At some point, did you move the girls to the couch?
Lisa Hunt (27:17):
Savannah was already on the couch. She had been punished that night and she'd been put to bed. She ate dinner and she went to bed.
State Attorney (27:27):
Did you move Paitin to the couch?
Lisa Hunt (27:28):
I did.
State Attorney (27:31):
Do you remember when you did that?
Lisa Hunt (27:35):
The time, I don't. It was probably around nine o'clock, 9:30, somewhere in there.
State Attorney (27:42):
Was it common for Savannah and Paitin to sleep on the couch in the living room?
Lisa Hunt (27:46):
Yes, it was.
State Attorney (27:57):
So at some point... I just want to make sure I get this right. Savannah already went to the couch?
Lisa Hunt (28:02):
Mm-hmm.
State Attorney (28:03):
And Paitin was in the bed with you and Dale?
Lisa Hunt (28:05):
Yeah, she'd come crawl in the bed.
State Attorney (28:06):
And then you moved her to the couch?
Lisa Hunt (28:08):
Yes, I did.
State Attorney (28:09):
Around nine o'clock?
Lisa Hunt (28:10):
Nine or somewhere. I was tired that night. I'd been traveling for six weeks with my mother.
State Attorney (28:18):
Where did you and Dale normally sleep?
Lisa Hunt (28:20):
In our bedroom.
State Attorney (28:23):
When David was home, where did he normally sleep?
Lisa Hunt (28:26):
In the front bedroom.
State Attorney (28:36):
When you went to move Paitin to the couch, where was Savannah?
Lisa Hunt (28:39):
She was on the couch.
State Attorney (28:40):
What part of the couch? Can you describe this couch?
Lisa Hunt (28:42):
The couch is a L-shaped couch, the shorter end of the L... This is backwards L. She was at the corner here, which would've been facing our wall and Paitin was right here on the other wall. They were head-to-head. Paitin was about maybe midway down. They weren't touching, but she was about midway down on the couch.
State Attorney (29:14):
Okay. May I approach, Judge?
Judge (29:15):
You may.
State Attorney (29:15):
Ms. Hunt, I'm showing you what I've marked as State's Exhibit 24. Do you recognize that photograph?
Lisa Hunt (29:27):
Yes, I do.
State Attorney (29:28):
What is it a photograph of?
Lisa Hunt (29:29):
My living room. It's the couch.
State Attorney (29:32):
And does this photograph fairly and accurately represent how your living room and couch generally appeared?
Lisa Hunt (29:37):
Yes.
State Attorney (29:38):
On November 12th and 13th of 2017?
Lisa Hunt (29:41):
Yes, ma'am.
State Attorney (29:42):
Would this help your testimony if you could point on this picture for the jury? Just a yes or no.
Lisa Hunt (29:47):
Yes. Yes.
State Attorney (29:48):
And Judge, at this time, the state would move to enter State's 24 for illustrative purposes.
Judge (29:55):
Any objection?
Mr. Britt (29:55):
No, sir.
Judge (29:56):
State's Exhibit 24 will be admitted into evidence.
State Attorney (29:59):
And Judge, may I step down... Or may I publish and ask Ms. Hunt to step down?
Judge (30:03):
You may publish. Ma'am, you may step down. Please watch your step as you go down.
Lisa Hunt (30:06):
Okay. Thank you.
State Attorney (30:15):
Ms. Hunt, if you'll just come around here. I'm going to give you this Sharpie and keep your voice nice and loud for everybody and the court reporter.
Lisa Hunt (30:25):
Okay.
State Attorney (30:26):
Can you show us where Savannah Fields was on the couch when you went in?
Lisa Hunt (30:33):
In here.
State Attorney (30:35):
Where was her head?
Lisa Hunt (30:36):
Her head was right in here. Her feet were down this way.
State Attorney (30:40):
Okay. Will you mark an F where you said her feet were? And she was about where the X is?
Lisa Hunt (30:49):
About where the X is.
State Attorney (30:49):
Would that be where her head was?
Lisa Hunt (30:52):
Yes.
State Attorney (30:52):
Can you tell me where you put Paitin on the couch and where she was positioned?
Lisa Hunt (30:58):
She was right here.
State Attorney (30:59):
Is that her head?
Lisa Hunt (31:00):
That's her head. Here was her feet.
State Attorney (31:03):
Thank you, Ms. Hunt. And Ms. Hunt, just for clarification, will you mark an S where Savannah was and a P where Paitin was? Thank you.
Lisa Hunt (31:20):
Thank you, sir.
State Attorney (31:36):
When you moved Paitin to the couch, what was her condition? Was she fine?
Lisa Hunt (31:41):
She coughing.
State Attorney (31:42):
Okay.
Lisa Hunt (31:43):
Just coughing.
State Attorney (31:49):
What did you do after you moved Paitin to the couch around nine o'clock?
Lisa Hunt (31:53):
I went and laid back down, took my medication.
State Attorney (31:57):
And you went back to your room?
Lisa Hunt (31:59):
Yes.
State Attorney (31:59):
Was Dale in your room?
Lisa Hunt (32:00):
Yes.
State Attorney (32:01):
Was he asleep?
Lisa Hunt (32:02):
Yes.
State Attorney (32:07):
Later, did your son David come home?
Lisa Hunt (32:10):
Yes, he did.
State Attorney (32:11):
Do you know where he had been?
Lisa Hunt (32:12):
He'd been with his cousin, Melissa.
State Attorney (32:15):
Is that Melissa Brown?
Lisa Hunt (32:16):
Yes.
State Attorney (32:19):
Around what time did he come home that night?
Lisa Hunt (32:21):
I'd say around 10 o'clock.
State Attorney (32:27):
Did you let him in the door?
Lisa Hunt (32:28):
Yes, I did.
State Attorney (32:29):
And did you lock it behind you?
Lisa Hunt (32:30):
I believe I did.
State Attorney (32:35):
When you let David in around 10 o'clock, were Savannah and Paitin still on the couch?
Lisa Hunt (32:41):
Yes, they were.
State Attorney (32:42):
Were they fine?
Lisa Hunt (32:43):
Yes.
State Attorney (32:46):
After you let David in, did you go back to your room?
Lisa Hunt (32:48):
I went and laid back down. Yes, ma'am.
State Attorney (32:53):
And was Dale still in there with you?
(32:55)
Yes, he was. Was he asleep?
Lisa Hunt (32:57):
Yes, he was.
Shirley Smircic (33:05):
When you let David in that night and you saw Savannah and Paitin still on the couch, what were they doing?
Lisa Hunt (33:12):
They were asleep. I think Paitin had woken up for just a few minutes and then she laid her head back down and went back to sleep.
Shirley Smircic (33:21):
And when you saw them on the couch, was the TV on or off, if you remember?
Lisa Hunt (33:26):
I don't remember. I do not.
Shirley Smircic (33:29):
All right, Ms. Hunt, I want to talk about what you next remember. Did you go to sleep in the room with Dale?
Lisa Hunt (33:39):
Yes, I did.
Shirley Smircic (33:42):
What happened in the early morning hours of November 13th?
Lisa Hunt (33:48):
I woke up. My husband was going to the restroom. That's what woke me up. And he come back to bed and I heard the TV was loud. And I said, "That TV's loud." Because it's nothing unusual for them to get up. The TV was loud. I said, "I'm going to go in there and cut it down." And I walked in there and I cut the TV down and I turned around and I seen Paitin on the couch seizing.
Shirley Smircic (34:25):
What time of morning was this?
Lisa Hunt (34:26):
About 3:00 in the morning. I'm not for sure the exact time.
Shirley Smircic (34:34):
I'll give you a minute, Ms. Hunt.
Lisa Hunt (34:34):
Thank you.
Shirley Smircic (34:50):
Ms. Hunt, prior to you going out of your room, did Savannah come in the bedroom?
Lisa Hunt (34:55):
She came in there and woke her papa up.
Shirley Smircic (34:59):
Did you wake up too?
Lisa Hunt (35:01):
When I heard him go into the restroom, I woke up.
Shirley Smircic (35:08):
When Savannah woke up Dale, did you hear her say anything?
Lisa Hunt (35:14):
I didn't hear it. She had already went back into the...
Shirley Smircic (35:18):
So you were still asleep?
Lisa Hunt (35:19):
I was still asleep.
Shirley Smircic (35:22):
All right. So around 3:00 AM you get up. Were you getting up for the day?
Lisa Hunt (35:28):
We usually get up around, I guess 3:30, 4:00 because he worked. He worked at the hog house and he had a five o'clock time to be at work for Dale. Yes.
Shirley Smircic (35:48):
So you go out into the living room and you see Paitin. Judge, may I republish State's 24 and ask Ms. Hunt to step down?
Judge (36:01):
You may. Ma'am, you may step down.
Shirley Smircic (36:15):
Ms. Hunt, when you came out around 3:00 in the morning and saw Paitin, as you said, seizing, can you use the Sharpie and tell me where she was on the couch when you came out?
Lisa Hunt (36:25):
Her head was here.
Shirley Smircic (36:33):
So will you mark with an X where her feet were? And will you mark a P by that? And so you've marked a P and an H where her head were?
Lisa Hunt (36:45):
Yes.
Shirley Smircic (36:46):
And a P and F where her feet were?
Lisa Hunt (36:47):
Yes.
Shirley Smircic (36:48):
Was she sitting up a little bit?
Lisa Hunt (36:50):
Her head was on the arm of the chair and she was rolling.
Shirley Smircic (36:54):
We'll have you retake the stand. I'll give you a second.
Lisa Hunt (36:54):
Thank you.
Shirley Smircic (37:16):
You were talking about Paitin's eyes. What were they doing?
Lisa Hunt (37:19):
They were rolling in her head.
Shirley Smircic (37:23):
What did you do when you saw Paitin?
Lisa Hunt (37:26):
I screamed. I grabbed her and I screamed.
Shirley Smircic (37:35):
And what was Paitin wearing when she was on the couch?
Lisa Hunt (37:41):
She was in her underwear.
Shirley Smircic (37:42):
Had she been in her underwear on the couch all night?
Lisa Hunt (37:45):
My children, grandchildren, when they get home, they take their clothes off and when they go to bed, you can put pajamas on them. They're going to come out of them. It's just how it is. All of them have been that way their whole life.
Shirley Smircic (38:09):
Okay. After you screamed, did anyone help you? Did anyone come to your aid?
Lisa Hunt (38:12):
Dale and David.
Shirley Smircic (38:14):
Where did Dale come from?
Lisa Hunt (38:15):
Dale come out of our bedroom.
Shirley Smircic (38:16):
What about David?
Lisa Hunt (38:17):
Come out of the front bedroom.
Shirley Smircic (38:25):
Was David dressed?
Lisa Hunt (38:27):
Yes.
Shirley Smircic (38:29):
What about Dale?
Lisa Hunt (38:31):
Dale was in his pajamas. Dale was in his pajamas.
Shirley Smircic (38:37):
Did you try to call 911?
Lisa Hunt (38:39):
I did twice. It told me it could not connect.
Shirley Smircic (38:42):
Do you have bad cell service out there?
Lisa Hunt (38:45):
No, ma'am. It was the house phone.
Shirley Smircic (38:46):
Okay.
Lisa Hunt (38:47):
It was the house phone.
Shirley Smircic (38:51):
Did they call you back at some point?
Lisa Hunt (38:52):
They did.
Shirley Smircic (38:54):
At that point, where was Paitin?
Lisa Hunt (38:56):
Dale and David were going with her in the car. David giving her CPR, Dale driving.
Shirley Smircic (39:03):
How long about from 104 Blackwater Drive to the hospital in Burgaw to get there?
Lisa Hunt (39:09):
15 minutes, 20 minutes.
Shirley Smircic (39:15):
Why did Dale and David drive her?
Lisa Hunt (39:17):
Because we couldn't get through to 911 and she had quit breathing and everybody was panicking. We figured if you couldn't get ahold of 911, you had to get her to the hospital somehow.
Shirley Smircic (39:28):
Yes, ma'am. When you saw Paitin and you grabbed her, did she have anything around her neck?
Lisa Hunt (39:41):
No, she did not.
Shirley Smircic (39:49):
Did you notice anything about her? What were the observations you made?
Lisa Hunt (39:53):
She was pale. She was cold to the touch on top and hot to touch on bottom. Just her eyes rolling back in her head and she's seizing.
Shirley Smircic (40:07):
So you believed her to be seizing?
Lisa Hunt (40:11):
Yes, ma'am.
Shirley Smircic (40:22):
Did you notice anything about her face or neck, Ms. Hunt, at the time?
Lisa Hunt (40:24):
No.
Shirley Smircic (40:26):
Probably pretty panicked.
Lisa Hunt (40:28):
I'd seen clearly. I had the light on. There was nothing, and I've said that from the beginning. There was nothing.
Shirley Smircic (40:42):
And when you say David slept in the front bedroom, what do you mean the front bedroom? Which bedroom are you talking? Because-
Lisa Hunt (40:51):
Our bedroom when you walk into the house is on the right, our kitchen and then our bedroom. In the living room, you look to the left, there's a door, that's the front bedroom, and then there's another door, and that's the second, the third bedroom. And then the back door is where the bathroom and the back door was.
Shirley Smircic (41:08):
So David slept in the bedroom closer to the front door?
Lisa Hunt (41:11):
Yes, ma'am. There was a lot of stuff in that bedroom.
Shirley Smircic (41:19):
The bedroom he slept in, did anyone else sleep in there?
Lisa Hunt (41:23):
Savannah and Paitin had, my oldest son, Chase, and his children and mother had. My daughter, Amber, Tuesday, she did, her and her husband, and our little heart warrior [inaudible 00:41:36], the baby.
Shirley Smircic (41:37):
At the time in November 2017, who slept in that room?
Lisa Hunt (41:41):
At that time?
Shirley Smircic (41:42):
Mm-hmm.
Lisa Hunt (41:44):
David, when he come home. The girls, that was their playroom, their bedroom, but most of the time they preferred to be on the couch. The couch was their favorite place to sleep, and as long as they slept and went to school and did their work, I let them sleep where they wanted to. That's the nana in me.
Shirley Smircic (42:08):
Ms. Hunt, you said at some point on the house phone, 911 did call you back?
Lisa Hunt (42:14):
They did call me back.
Shirley Smircic (42:15):
Because you couldn't connect, right?
Lisa Hunt (42:16):
Correct. Twice I tried to call.
Shirley Smircic (42:19):
Yes, ma'am. And you spoke with 911?
Lisa Hunt (42:22):
Yes, I did.
Shirley Smircic (42:27):
Judge, may we approach?
Judge (42:54):
You may. Notebooks. As you exit the courtroom, remember, do not discuss this case amongst yourselves. Do not have any conversation with anybody else, including friends, family members, or coworkers. Do not have any contact with any of the parties, attorneys, or witnesses. Do not conduct any independent investigation or inquiry, and do not post online on any social media sites regarding your experience as a juror or about any of the evidence you've seen or heard. So we'll go ahead and excuse you and bring you back in a few minutes. Thank you.
Speaker 1 (43:22):
Thank you, Your Honor. If you'll leave your closed notebooks in your chairs. When ready, front row and back this way, please. Jury's left the courtroom, Your Honor.
Judge (44:02):
Thank you, sir. Let the record reflect that the jury has exited the courtroom. Ms. Smircic, you may proceed.
Shirley Smircic (44:07):
Thank you, Judge. Ms. Hunt, I'm going to play for you what I've marked as State's 25. It's a CD containing an audio of your 911 call, okay?
Lisa Hunt (44:17):
Oh.
Shirley Smircic (44:17):
I'm sorry, ma'am.
Lisa Hunt (44:17):
Hello? Hey, is this 911? My husband tried to get my baby to the hospital. He's going down 117. She's not breathing. She's training. She's seizing. We don't know what the hell. We wake up like this. He's going down 117 from Blackwater State. Oh my God.
911 Operator (45:01):
[inaudible 00:45:09] dispatch will ask a couple questions regarding your daughter.
Lisa Hunt (45:18):
Okay. What si it Savannah? When did this start? Why didn't you come get me?
Judge (45:20):
Can we pause it? Let's just go ahead and take a break and allow her to compose herself.
Lisa Hunt (45:29):
I can continue, Judge. I can continue. It's got to be done.
Judge (45:34):
For those in the courtroom that are having a hard time, I'm going to ask you to exit until you're able to compose yourselves, okay? You're allowed to come back as soon as you're able to. Ma'am, if you want, we can take a break.
Lisa Hunt (45:47):
I could.
Judge (45:48):
You okay?
Lisa Hunt (45:50):
It's got to be done.
Judge (45:54):
Okay. All right. Go ahead, Ms. Smircic.
Lisa Hunt (45:58):
Hell.
911 Operator (45:58):
Ma'am, did you say he's on his way to the hospital right now?
Lisa Hunt (46:02):
Yes, ma'am. They don't have a car phone to call. They're going down 117 from Blackwater State. Oh my God. She's five. She was sick. Her chest just rattling, but her eyes started rolling back in her head. Oh my God. Oh my God. Please, he's going to Pender Memorial. She'd have-
911 Operator (46:30):
Ma'am, do you want EMS to meet him somewhere? Or does he-
Lisa Hunt (46:37):
They took off in the car, him and my son, my grandchild. Oh my God. Oh, God. Her sister. [inaudible 00:46:52] and her eyes rolled back in her head. Oh my God, she was sick yesterday. She just had of fever. Hold on, Savannah.
(47:04)
[inaudible 00:47:07].
Judge (47:09):
If you can go ahead and pause it. Is this for authentication?
Shirley Smircic (47:15):
Yes, Judge.
Judge (47:15):
All right. Do we need to listen to the whole thing for authentication?
Shirley Smircic (47:21):
I got to ask her if there's any changes.
Judge (47:23):
Okay.
Shirley Smircic (47:23):
There's only 40 seconds left.
Judge (47:23):
All right. Thank you. You may proceed.
Lisa Hunt (47:23):
I don't know if people got that hot or not. Please, God.
911 Operator (47:37):
All right, ma'am. Yeah, just tell them just to continue to drive to the hospital.
Lisa Hunt (47:43):
I'm not with them honey. I'm in my house with her sister. My husband and my son's in the car. They don't have a phone.
911 Operator (47:44):
Okay, ma'am.
Lisa Hunt (47:50):
Oh, God. Okay. Oh, God.
911 Operator (47:54):
Ma'am, are they going to Pender Hospital?
Lisa Hunt (47:58):
Yes, ma'am. As far as I know, they're going to Pender.
911 Operator (47:59):
Okay.
Lisa Hunt (47:59):
All right.
911 Operator (48:01):
All right. Thank you.
Lisa Hunt (48:02):
Uh-huh. Bye.
Shirley Smircic (48:09):
Judge, I think you can bring the jury back in at this point. Or do you want me to admit it outside of the jury and then -
Judge (48:15):
Why don't you go through your authentication questions here and then we can just have it admitted in front of the jury.
Shirley Smircic (48:22):
Thank you, Judge. Ms. Hunt, was that the 911 call you made in those early morning hours of November 13th, 2017?
Lisa Hunt (48:30):
It was.
Shirley Smircic (48:31):
Is that your voice?
Lisa Hunt (48:32):
That is.
Shirley Smircic (48:33):
Any changes, modifications, alterations to that call you had with 911?
Lisa Hunt (48:38):
Nope. Not that I recall. I mean, that was a panic moment. I mean, how are you supposed to remember exactly word for word?
Shirley Smircic (48:47):
Judge, I would admit State's 25 for substantive purposes.
Judge (48:51):
Is there any objection to State's 25? All right. State's 25 will be admitted into evidence and I'll let the jury know as soon as they come back that it has been admitted. Ma'am?
Lisa Hunt (49:03):
Yes, sir.
Judge (49:04):
I'm going to ask you again, do you want to take a break? I think it probably might be good. All right. Let's go ahead and do that. We're going to go ahead and take our mid-morning break right now. BD's for the next 15 minutes.
Shirley Smircic (49:14):
Thank you, Judge.
Speaker 1 (01:04:46):
[inaudible 00:49:23].
Judge (01:04:46):
Smith had spoken to them. The second one was Ms. Smircic indicating that she needed to play a particular piece of evidence to be able to authenticate it before presenting it to the jury. All right. Is there anything we need to discuss before we bring the jury back in on behalf of the state?
Shirley Smircic (01:05:05):
No, Judge.
Speaker 2 (01:05:06):
No, sir.
Judge (01:05:07):
All right. Let's bring our jury back in.
Speaker 1 (01:05:09):
Bring in the jury. The jury is seated, Your Honor.
Judge (01:05:52):
Thank you, sir. Let the record reflect that the jury has reentered the courtroom. Members of the jury, State's Exhibit 24.
Judge (01:06:01):
Members of the jury, State's Exhibit 25 will be admitted into evidence.
Shirley Smircic (01:06:06):
Thank you, Judge.
(01:06:08)
And Ms. Hunt, 911 called you back?
Lisa Hunt (01:06:12):
Yes, it did.
Shirley Smircic (01:06:14):
And at that point, David and Dale were already taking Peyton to the hospital?
Lisa Hunt (01:06:17):
Yes, they were.
Shirley Smircic (01:06:19):
Judge, at this time I'd like to publish State's Exhibit 25.
Judge (01:06:23):
You may.
Shirley Smircic (01:06:28):
And Judge, this will be, for the record, played in its entirety.
Judge (01:06:31):
Thank you.
911 Dispatcher (01:06:31):
Hello?
Lisa Hunt (01:06:48):
Hey. Yeah. My husband's trying to get my baby to the hospital. He's going down 117. She's not breathing. She's [inaudible 01:06:53]. She's seizing. We don't know what the hell. [inaudible 01:06:57]. He's going down 117th from Blackwater side. Oh, my God.
911 Dispatcher (01:07:05):
All right ma'am. Hold on. I'm going to dispatch. Will ask a couple questions regarding your daughter.
Lisa Hunt (01:07:11):
Okay.
(01:07:11)
What is the matter? When did it start?
Speaker 3 (01:07:12):
[inaudible 01:07:13].
Lisa Hunt (01:07:14):
Why didn't you come get me?
Speaker 3 (01:07:15):
[inaudible 01:07:16].
Lisa Hunt (01:07:21):
Hell.
911 Dispatcher (01:07:22):
Ma'am, did you say he's on his way to the hospital right now?
Lisa Hunt (01:07:33):
Yes, ma'am. They don't have a [inaudible 01:07:27]. They're going down 117 from Blackwater side. Oh, my God. She's five. She was sick. Her chest is rattling, but her eyes started rolling back her head. Oh, my God. Oh, my God. [inaudible 01:07:48].
911 Dispatcher (01:07:49):
Ma'am, do you want EMS to meet him somewhere or-
Lisa Hunt (01:08:00):
[inaudible 01:07:56], my grandchild. Oh, my God. Oh, God. Oh, my God. She was sick yesterday. She was just ... kind of fever. Hold on, ma'am. I don't know if her fever got high or not. Please God.
911 Dispatcher (01:08:01):
All right ma'am. All right. Yeah, just tell him to continue to drive to the hospital.
Lisa Hunt (01:08:01):
I'm not with him, honey. I'm in my house with her sister.
911 Dispatcher (01:08:01):
Okay.
Lisa Hunt (01:08:01):
My husband and my son's in the car. They don't have a phone.
911 Dispatcher (01:08:01):
Okay ma'am.
Lisa Hunt (01:08:01):
Oh, God. Okay. Oh, God.
911 Dispatcher (01:08:01):
And are they going to Pender Hospital?
Lisa Hunt (01:08:01):
Yes ma'am. As far as I know, they're going to Pender.
911 Dispatcher (01:08:01):
Okay.
Lisa Hunt (01:08:01):
All right.
911 Dispatcher (01:08:01):
All right. Thank you.
Shirley Smircic (01:09:19):
Ms. Hunt, did you have dogs in your home or living in your home around this time?
Lisa Hunt (01:09:25):
Yes, I did.
Shirley Smircic (01:09:26):
How many dogs?
Lisa Hunt (01:09:27):
Three.
Shirley Smircic (01:09:28):
May I approach, Judge?
Judge (01:09:29):
You may. 26, 27, 28?
Shirley Smircic (01:09:56):
And 29.
(01:09:56)
Ms. Hunt, I'm going to show you State's Exhibit 26, 27, 28 and 29. And I'll let you look at those photographs in a second.
Lisa Hunt (01:10:08):
Bubbles. Smokey. Sapphire. My baby. Yes ma'am.
Shirley Smircic (01:10:23):
Are State's 26 through 29 photographs of your dogs living in the home at the time?
Lisa Hunt (01:10:28):
Yes ma'am.
Shirley Smircic (01:10:29):
And does State's 28 also reflect the front of your home?
Lisa Hunt (01:10:32):
Yes ma'am.
Shirley Smircic (01:10:34):
Do these photos fairly and accurately depict what they show, your dogs in your home?
Lisa Hunt (01:10:39):
Yes, that's my dogs.
Shirley Smircic (01:10:41):
Judge, the State would move to enter State's 26, 27, 28 and 29 for illustrative purposes.
Judge (01:10:49):
Any objection?
Speaker 4 (01:10:50):
No, sir.
Judge (01:10:51):
State's exhibits 26 through 29 will be admitted into evidence.
Shirley Smircic (01:10:55):
May I publish, Judge?
Judge (01:10:56):
You may.
Shirley Smircic (01:10:58):
Ms. Hunt, I'm showing you State's 26.
Lisa Hunt (01:11:01):
Mm-hmm.
Shirley Smircic (01:11:02):
Is that you in that photograph?
Lisa Hunt (01:11:03):
Yes, ma'am. Me and Bubbles.
Shirley Smircic (01:11:05):
Bubbles. Was that your little dog?
Lisa Hunt (01:11:06):
That was little dog.
Shirley Smircic (01:11:09):
And Bubbles was living ... I know this picture was taken in 2018 in January, but was Bubbles living in the home in November of 2017?
Lisa Hunt (01:11:17):
Yes, ma'am.
Shirley Smircic (01:11:22):
Let me show you State's 27. Who is that?
Lisa Hunt (01:11:28):
That's Smokey.
Shirley Smircic (01:11:29):
Smokey? Was that one of your dogs as well?
Lisa Hunt (01:11:32):
Yes, ma'am.
Shirley Smircic (01:11:33):
And was he living in your home November of 2017?
Lisa Hunt (01:11:37):
Yes, ma'am.
Shirley Smircic (01:11:46):
And State's 28, does that depict your residence at 104 Blackwater Drive?
Lisa Hunt (01:11:50):
Yes, ma'am.
Shirley Smircic (01:11:50):
Is that the front of your residence?
Lisa Hunt (01:11:52):
Yes, ma'am.
Shirley Smircic (01:11:53):
And is there a dog in that photo?
Lisa Hunt (01:11:55):
Yes, ma'am. That's Sapphire.
Shirley Smircic (01:11:59):
I'll show State's 29. Is that a closeup of Sapphire?
Lisa Hunt (01:12:02):
It is.
Shirley Smircic (01:12:04):
Is that one of your other dogs that was living there in November of 2017?
Lisa Hunt (01:12:08):
Yes, ma'am. All three.
Shirley Smircic (01:12:10):
Thank you.
Lisa Hunt (01:12:10):
[inaudible 01:12:19].
Shirley Smircic (01:12:23):
And Ms. Hunt, did your dogs stay inside and outside or both?
Lisa Hunt (01:12:27):
Both.
Shirley Smircic (01:12:31):
Would they bark if someone came onto your property?
Lisa Hunt (01:12:34):
Sometimes, sometimes not. Neighborhood kids hung out there a lot, they grew up hanging out there. We had a swimming pool, a trampoline. They hung out there.
Shirley Smircic (01:12:48):
Ms. Hunt, after David and Dale took Peyton to the Pender ER, what did you do?
Lisa Hunt (01:12:55):
I tried to get Savannah dressed, find my clothes, get myself dressed, find the truck keys, and went out the door.
Shirley Smircic (01:13:03):
And you went straight to the Pender Hospital in Burgaw?
Lisa Hunt (01:13:06):
I had to stop. My truck gas light was on and I did stop and get gas at the Scotchman. And I went straight to the hospital because I hadn't heard anything.
Shirley Smircic (01:13:20):
Judge, at this time I'd ask to publish State's 1, which has already been admitted.
Judge (01:13:27):
You may.
Shirley Smircic (01:13:45):
And for the record, I'm going to publish the second clip on this, on State's 1.
(01:13:48)
Ms. Hunt, do you recognize that as the lobby of the Pender ER?
Lisa Hunt (01:14:16):
Yes, ma'am.
Shirley Smircic (01:14:18):
And this is how it appeared back in 2017?
Lisa Hunt (01:14:22):
I'm assuming. That's not a memory that I've store, but it looks very much like it. Yes, ma'am.
Shirley Smircic (01:14:28):
Okay. Ms. Hunt, who is that?
Lisa Hunt (01:14:28):
That's David.
Shirley Smircic (01:14:28):
Is that what he was wearing in the early morning hours when y'all found Peyton?
Lisa Hunt (01:14:28):
Yes, ma'am.
Shirley Smircic (01:14:41):
Ms. Hunt, who is that?
Lisa Hunt (01:14:42):
That is my husband, Dale.
Shirley Smircic (01:15:27):
For the record, I played the beginning of this clip through 47 seconds. I want to publish starting at 2:35.
(01:15:53)
Ms. Hunt, who just walked in?
Lisa Hunt (01:25:28):
Myself and Savannah, my husband, David, we're all four just standing there.
Shirley Smircic (01:27:08):
For the record, I played it till the end of that clip.
(01:27:13)
Ms. Hunt, at some point while you were at the Pender Hospital, were you informed that Peyton was being transferred to the hospital in Wilmington?
Lisa Hunt (01:27:24):
Yes, I was. Quite some time later, but yes, I was.
Shirley Smircic (01:27:28):
Did you go to the hospital in Wilmington?
Lisa Hunt (01:27:30):
I did.
Shirley Smircic (01:27:30):
Who else went with you?
Lisa Hunt (01:27:32):
My husband, David, Savannah.
Shirley Smircic (01:27:41):
When you were at the hospital in Wilmington, did you speak with a Detective Leatherwood?
Lisa Hunt (01:27:45):
I did.
Shirley Smircic (01:27:51):
After November 14th, the next day, did David come back and live with you?
Lisa Hunt (01:28:01):
I think he went and stayed with his Aunt Wanda.
Shirley Smircic (01:28:15):
May I get a moment?
Judge (01:28:16):
You may.
Shirley Smircic (01:28:20):
Thank you, Ms. Hunt. No further questions.
Judge (01:28:22):
Cross examination?
Speaker 4 (01:28:24):
Yes, sir.
(01:28:27)
Ms. Hunt, approximately how long had Savannah and Peyton been living with you the week of November the 13th?
Lisa Hunt (01:28:40):
Three years. Approximately three years.
Speaker 4 (01:28:44):
Was that a placement by DSS?
Lisa Hunt (01:28:46):
No, sir. It was not.
Speaker 4 (01:28:47):
What were the circumstances surrounding Peyton and Savannah living with you?
Lisa Hunt (01:28:53):
Their parents had separated and the children needed some stability. I mean, Savannah was starting school, and like I said, Penderlea was better than Robinson County Schools. She was going to fare better there. And so, we all come to agreement, the parents, the dad, the mom, myself and my husband, that they would stay with us. Savannah stayed with us a lot, she did.
Speaker 4 (01:29:27):
And-
Lisa Hunt (01:29:27):
[inaudible 01:29:28].
Speaker 4 (01:29:28):
... during that initial time when the girls were living with you, was David around?
Lisa Hunt (01:29:34):
Yes. The initial, yes.
Speaker 4 (01:29:37):
And when he would go stay with his aunt, was it always at Wanda's?
Lisa Hunt (01:29:41):
At Wanda's. Sometimes it was at his uncle Zip's and his wife. And then, at times he stayed with my mother. He stayed with Laura and Robert [inaudible 01:29:50]. David is the family child. He just went from one to the other to the other.
Speaker 4 (01:29:59):
And can you describe the relationship that you observed between David, Peyton, and David and Savannah?
Lisa Hunt (01:30:10):
It was great. He played. I mean, it was just great. They loved their uncle David, Uncle Boo-boo, as they called him.
Speaker 4 (01:30:19):
Do you know why they called him Uncle Boo-boo?
Lisa Hunt (01:30:22):
Because that's what my husband nicknamed him when he was a child, and that's what they grew up hearing him call him, just Boo-boo. We all call him Boo-boo.
Speaker 4 (01:30:28):
So the girls picked up on that?
Lisa Hunt (01:30:30):
Girls picked right up on it. Played-
Speaker 4 (01:30:43):
When David lived with you, did he always sleep in the front bedroom?
Lisa Hunt (01:30:49):
No. There was a point in time that he slept in the back bedroom because my oldest son and his wife had moved into the front bedroom, or not his wife, but his girlfriend, and his child.
Speaker 4 (01:31:05):
When David was not living with you, who used the front bedroom?
Lisa Hunt (01:31:06):
After my oldest son and his girlfriend moved out, the girls did. They stayed in the front bedroom. That was their toy room. We had all the toys in there, the dollhouse, stuff like that.
Speaker 4 (01:31:14):
Is that where they would sleep?
Lisa Hunt (01:31:16):
No, they mainly slept on the couch.
Speaker 4 (01:31:18):
Okay.
Lisa Hunt (01:31:19):
The couch. They loved the couch base.
Speaker 4 (01:31:23):
And when David came home, did he clean up the room? Did the girls help clean up the room or just kind of stay the same?
Lisa Hunt (01:31:34):
It stayed the same. He'd pick up toys if they were on the floor or something, in the way, but it just stayed the same. It's just their toys.
(01:31:43)
Take turns going in there, cleaning up. My son and his wife had left some of their stuff in there, so we'd have to keep that moved around and stored over to the side.
Speaker 4 (01:31:51):
Okay. And where were dirty clothes kept?
Lisa Hunt (01:31:55):
The past six weeks of me going all the time with my mother, they were strown. They were from the bedroom to the back bathroom, to the back laundry room. The back bathroom is through the living room. It was just one big-
Speaker 4 (01:32:06):
So-
Lisa Hunt (01:32:06):
Tried to keep it in there, but the dogs sometimes would pull it out.
Speaker 4 (01:32:10):
So basically dirty clothes were placed wherever?
Lisa Hunt (01:32:16):
Just wherever. A lot of times, just wherever.
Speaker 4 (01:32:19):
Did that mean that David's clothes, the girls' clothes got intermingled?
Lisa Hunt (01:32:25):
Everybody's got intermingled. Yes, sir.
Speaker 4 (01:32:29):
So it wasn't unusual if you were to walk into David's bedroom and see a pile of dirty clothes and it might be his clothes-
Lisa Hunt (01:32:37):
His clothes.
Speaker 4 (01:32:38):
... it might be Savannah's clothes, it might be Peyton's clothes or even your own?
Lisa Hunt (01:32:41):
Even my own. Yes, sir.
Speaker 4 (01:33:03):
And were there times during this period where, not only did the girls sleep there on the sofas, did, occasionally, David sleep on the sofas, the couches?
Lisa Hunt (01:33:14):
Everybody's kind of laid on the couch and fell asleep. Yes, sir. This happened, but mainly, David would go to his room.
Speaker 4 (01:33:21):
Okay. When you say everybody, who all was in the house at that time?
Lisa Hunt (01:33:24):
At that time, it was just me, Dale, and the girls and David.
Speaker 4 (01:33:28):
Did Dale ever sleep in the living room on the couch?
Lisa Hunt (01:33:32):
Yes, sir. Yes, sir.
Speaker 4 (01:33:34):
Did the girls ever sleep with him on the couch?
Lisa Hunt (01:33:37):
Yes, sir. I mean, it was their papa. They fell asleep on it, watching TV.
Speaker 4 (01:33:43):
And it wasn't unusual for one or both to come into your bedroom and both of them climb into the bed?
Lisa Hunt (01:33:47):
No, it's not. No, sir.
Speaker 4 (01:33:52):
So David comes home on Sunday evening?
Lisa Hunt (01:33:55):
Yes, sir.
Speaker 4 (01:33:56):
How long had he been away from the house at that time?
Lisa Hunt (01:34:01):
That day. I mean, he was home that day. He left ... I'm not for sure. I really don't know. The house ... It was late afternoon, but he was home most of that morning and that afternoon.
Speaker 4 (01:34:11):
And when he left that afternoon, who did he leave with?
Lisa Hunt (01:34:18):
As far as I know, he left with Melissa Brown, his cousin.
Speaker 4 (01:34:22):
And where did Melissa live?
Lisa Hunt (01:34:24):
At Aunt Wanda's, over on the river.
Speaker 4 (01:34:27):
So was Melissa Aunt Wanda's daughter?
Lisa Hunt (01:34:29):
It's her stepdaughter.
Speaker 4 (01:34:34):
And where did Wanda live?
Lisa Hunt (01:34:38):
I can't remember the name of that road, Whitestocking. Whitestocking Road down at the end of the river.
Speaker 4 (01:34:45):
And did David spend a lot of time there? Did he spend a lot of time on the river?
Lisa Hunt (01:34:52):
All the time. There was a point in time we couldn't find him for three days, and he was on the river when he was found.
Speaker 4 (01:35:01):
Did the girls ever go with him to the river?
Lisa Hunt (01:35:05):
I don't think so. I mean, they may have walked down to where they fish out off the dock, but he never went out on the boat with them, no.
Speaker 4 (01:35:15):
And so, on the night of the 13th, you testified that around ... Let me back up. On the night of the 13th, was Peyton sick?
Lisa Hunt (01:35:28):
Yes. Yes, sir. You mean the 12th? Yes, sir. She was. Early morning hours of the 13th, yes, sir, she was sick.
Speaker 4 (01:35:32):
Describe what you mean by, "She was sick."
Lisa Hunt (01:35:36):
She'd had a bad cough. She was rattling, had chest congestion. She had a small fever, but it wasn't enough for me to trigger to run to the ER because the ER, when you tend to run with a child that's sick like that, they tend to look their nose down and you take them to the pediatrician. So the next morning, my plans were to take her to the pediatrician, it was right beside her school in Penderlea. And I wish I'd took her Sunday afternoon.
Speaker 4 (01:36:03):
How long had she been coughing?
Lisa Hunt (01:36:06):
Friday, I think it was a slight cough, but it got really, really bad Sunday morning. I mean, it was really bad. But with no fever, why you run right then?
Speaker 4 (01:36:18):
So were you giving her medicine for the cough?
Lisa Hunt (01:36:21):
David, myself and Savannah went to town. And I went to Walgreens in Wallace and bought her a bottle of Dimetapp Free and Clear and ibuprofen. And I come home and I give her a dose of that.
Speaker 4 (01:36:35):
Did Peyton take naps?
Lisa Hunt (01:36:38):
Very seldom.
Speaker 4 (01:36:43):
Did she take a nap that afternoon?
Lisa Hunt (01:36:43):
Yes, she did.
Speaker 4 (01:36:44):
And where did she sleep then?
Lisa Hunt (01:36:45):
I had a chair in the living room and she had curled up in it and laid down and took a nap. Just curled up.
Speaker 4 (01:36:52):
And when the girls went to bed at night there in the living room, was it common or uncommon for the television to be on?
Lisa Hunt (01:37:01):
Most of the time common for them to go to sleep with. Savannah needed noise. Savannah slept better with noise, but it was never really loud. It was ... Unless she got [inaudible 01:37:18], that was normal.
Speaker 4 (01:37:20):
And where was the TV positioned in location to the couch?
Lisa Hunt (01:37:28):
The L-shape against the wall, it was against my bedroom wall between when you walked in the front door, there was a TV and the couch was on the wall where you walked in at.
Speaker 4 (01:37:39):
And from where the girls were positioned, you said that they had gone to sleep on the couch, you said they were head-to-head?
Lisa Hunt (01:37:47):
Yes, sir. Peyton, like I said, I put Peyton on the couch, and her head was on her pillow up there. [inaudible 01:37:56].
Speaker 4 (01:37:56):
And was Peyton a restless sleeper?
Lisa Hunt (01:37:59):
Yes, she was.
Speaker 4 (01:38:01):
Did she move around a lot, roll around a lot in her sleep?
Lisa Hunt (01:38:04):
Yes, she did.
Speaker 4 (01:38:06):
Was it unusual that you might put her in bed with her head at one end and the next morning you wake up and her head's at the other end?
Lisa Hunt (01:38:14):
No. No, sir.
Speaker 4 (01:38:18):
And so, when you went into the living room after ... Savannah actually came into your bedroom and woke both you and Dale up?
Lisa Hunt (01:38:32):
No, she woke Dale up. I was still asleep.
Speaker 4 (01:38:35):
Okay. And was she excited? Was she crying?
Lisa Hunt (01:38:40):
On the couch, when I got up, I did not see her in our bedroom, when I got up and went in there, she was just more or less watching TV. Savannah's diagnosis, she didn't know how to chagrin much. She smiled a lot. Even when she was in trouble, she smiled.
Speaker 4 (01:39:01):
So was she sitting up on the couch?
Lisa Hunt (01:39:00):
When she was in trouble, she smiled.
Luther Johnson Britt III (01:39:07):
So, was she sitting up on the couch?
Lisa Hunt (01:39:07):
Yes, she was.
Luther Johnson Britt III (01:39:07):
And where was Paitin?
Lisa Hunt (01:39:07):
Paitin was on the end of the couch on the arm, underneath the air conditioner right there at the window at the front door.
Luther Johnson Britt III (01:39:12):
So, had her position changed from when she first placed on the bed?
Lisa Hunt (01:39:16):
Yes. Her head was this way and it was wound up the end this way.
Luther Johnson Britt III (01:39:22):
And when the girls went to bed that night, were they wearing pajamas and their underwear or just their underwear?
Lisa Hunt (01:39:27):
Just their underwear.
Luther Johnson Britt III (01:39:30):
So, it wasn't unusual for them to sleep in just their underwear?
Lisa Hunt (01:39:33):
No, sir. You could put their pajamas on them, but you would find them in the floor. They would take them off. And it wasn't until my own children got nine, 10 that they started wearing their pajamas and I could keep it on them.
Luther Johnson Britt III (01:39:46):
So, when you walked in and you saw Paitin, her position on the bed, on the couch had totally changed?
Lisa Hunt (01:39:53):
Yes, sir. It had.
Luther Johnson Britt III (01:39:56):
Were there covers on the couch?
Lisa Hunt (01:39:57):
There was a sheet.
Luther Johnson Britt III (01:39:59):
Was she lying on the sheet or was it bundled up?
Lisa Hunt (01:40:01):
It was bundled up. She was actually on the pillow. They have a sheet, but the reason why they slept in the underwear, they're hot natured. We were all hot natured. And they very seldom slept with anything. Most of the time you catch them with the blankets when they were riding in the car, they had a blanket that they rode with it. Their grandmother had made them.
Luther Johnson Britt III (01:40:23):
When Paitin would go to sleep, some children have a blanket or a stuffed animal or a doll that they sleep with?
Lisa Hunt (01:40:30):
Her dog, Bubbles.
Luther Johnson Britt III (01:40:32):
Bubbles, the dog?
Lisa Hunt (01:40:33):
Bubbles the dog
Luther Johnson Britt III (01:40:34):
The real dog?
Lisa Hunt (01:40:35):
The real dog.
Luther Johnson Britt III (01:40:37):
Was Bubbles a boy or a girl dog?
Lisa Hunt (01:40:39):
She was a girl.
Luther Johnson Britt III (01:40:41):
And so, was it common for Bubbles to get up on the sofa and sleep beside Paitin or with Paitin?
Lisa Hunt (01:40:49):
Yes, sir. That's where Bubbles was the morning I found her was above her head.
Luther Johnson Britt III (01:40:53):
And so, where was Bubbles that morning?
Lisa Hunt (01:40:55):
Above.
Luther Johnson Britt III (01:40:55):
Above
Lisa Hunt (01:40:55):
Her head? Laying down above her head.
Luther Johnson Britt III (01:41:03):
And at night, would all three dogs be inside the house?
Lisa Hunt (01:41:07):
Yeah. Most of the time, yes sir, because I was scared they would run the neighborhood and scare the neighbors.
Luther Johnson Britt III (01:41:15):
Whose dog was Smokey?
Lisa Hunt (01:41:18):
David's.
Luther Johnson Britt III (01:41:20):
And when David was home, where would Smokey sleep?
Lisa Hunt (01:41:24):
In the bed with David. Wherever David slept, Smokey slept.
Luther Johnson Britt III (01:41:30):
And when David came out of the bedroom that morning-
Lisa Hunt (01:41:35):
Yes, sir.
Luther Johnson Britt III (01:41:36):
Did Smokey also come out of the bedroom?
Lisa Hunt (01:41:38):
Yes, sir.
Luther Johnson Britt III (01:41:39):
So, Smokey was not loose inside the house?
Lisa Hunt (01:41:42):
No, sir. Just Sapphire and Bubbles.
Luther Johnson Britt III (01:41:44):
And was the door to David's room open or closed?
Lisa Hunt (01:41:49):
It was closed. It was off the hinge, but you had to lean it against the door and it was closed. It was just closed. The girls couldn't pick it up, so we set it. You just set it there. My house was being repaired.
Luther Johnson Britt III (01:42:03):
And when David came home that night-
Lisa Hunt (01:42:07):
Yes, sir.
Luther Johnson Britt III (01:42:08):
... do you recall what he was wearing?
Lisa Hunt (01:42:11):
The clothes you seen in the picture.
Luther Johnson Britt III (01:42:16):
The orange T-shirt and-
Lisa Hunt (01:42:16):
Orange shirt and-
Luther Johnson Britt III (01:42:16):
... Khaki pants.
Lisa Hunt (01:42:16):
Khaki pants. Yes, sir.
Luther Johnson Britt III (01:42:16):
Or khaki colored jeans?
Lisa Hunt (01:42:18):
Yes, sir. The Khaki pants.
Luther Johnson Britt III (01:42:19):
When David came out of the room after you went in, after Savannah had notified y'all that something was going on with Paitin-
Lisa Hunt (01:42:29):
Yes, sir.
Luther Johnson Britt III (01:42:31):
... how was David dressed?
Lisa Hunt (01:42:33):
The way you seen him in the video, David was bed for sleeping in his clothes so he could get up and be ready for work the next morning if he ever slept. It's just David.
Luther Johnson Britt III (01:42:42):
Was he wearing any kind of shoes or boots?
Lisa Hunt (01:42:46):
No, I don't think so.
Luther Johnson Britt III (01:42:47):
At that time?
Lisa Hunt (01:42:50):
At that time, no. I mean, he'd take his shoes off, but he would just... when he'd come home, he'd lay across the bed and that's how he'd go to sleep.
Luther Johnson Britt III (01:42:56):
So, when you came out and you saw Paitin on the opposite, she started off on this end of the sofa, but ended up on that end?
Lisa Hunt (01:43:04):
Yes, sir.
Luther Johnson Britt III (01:43:05):
What did you do?
Lisa Hunt (01:43:07):
I grabbed her.
Luther Johnson Britt III (01:43:08):
And was she making any noises?
Lisa Hunt (01:43:10):
Just you could hear her rattling and not gagging maybe. It was such a panic moment. Noise was... I really-
Luther Johnson Britt III (01:43:20):
Was she struggling to breathe?
Lisa Hunt (01:43:25):
Yes, sir.
Luther Johnson Britt III (01:43:26):
Did you pick her up?
Lisa Hunt (01:43:27):
Yes, sir.
Luther Johnson Britt III (01:43:28):
And did anyone take her from you?
Lisa Hunt (01:43:30):
Yes, sir.
Luther Johnson Britt III (01:43:31):
Who did that?
Lisa Hunt (01:43:32):
David.
Luther Johnson Britt III (01:43:33):
And what did David start doing with Paitin?
Lisa Hunt (01:43:36):
He was crying. He was hollering for his daddy to come home. I was calling 911. It wasn't his wishy. My baby turned-
Luther Johnson Britt III (01:43:47):
How was David holding her?
Lisa Hunt (01:43:49):
His sore arms with his finger in her mouth because he was seizing and I told him to hold her tongue down. Don't let her swallow her tongue.
Luther Johnson Britt III (01:43:55):
Did you see David do any type of life-saving measures?
Lisa Hunt (01:43:55):
Yes, sir. He started-
Luther Johnson Britt III (01:43:55):
What was he doing?
Lisa Hunt (01:44:03):
Breathing in her mouth. She turned purple and he hollered and I said, "Baby, breathe."
Luther Johnson Britt III (01:44:17):
Are you okay?
Lisa Hunt (01:44:18):
Yes, sir.
Judge (01:44:20):
Just have one second, Mr. Britt.
Luther Johnson Britt III (01:44:21):
Yes, sir.
Lisa Hunt (01:44:23):
Yes, sir.
Luther Johnson Britt III (01:44:26):
Did David ever put her down on the sofa or did he continue to hold her in his arms?
Lisa Hunt (01:44:35):
I don't recall because I was trying to figure out when 911 would answer. I think he may sat her down, but I'm not for sure if it was the sofa. We had this black footstool that was huge. I think he may have set her on it. It was in front of the couch.
Luther Johnson Britt III (01:44:56):
And that's in the photograph of the couch?
Lisa Hunt (01:44:58):
Yes, sir.
Luther Johnson Britt III (01:45:01):
Whose idea was it to go ahead and go to Kindred Memorial rather than wait for an ambulance?
Lisa Hunt (01:45:09):
David, because he hollered somebody, "Hell, hurry. Dad, hurry." He was telling his dad, "Dad hurry. Let's go." Because we had... When they didn't answer, we didn't know what else to do.
Luther Johnson Britt III (01:45:21):
Okay. And so, when David and Dale and Paitin left-
Lisa Hunt (01:45:29):
Yes, sir.
Luther Johnson Britt III (01:45:30):
... did you step outside to see them get into the car?
Lisa Hunt (01:45:33):
No, sir.
Luther Johnson Britt III (01:45:33):
Okay.
Lisa Hunt (01:45:35):
No, sir.
Luther Johnson Britt III (01:45:37):
Do you know who drove?
Lisa Hunt (01:45:37):
Dale drove.
Luther Johnson Britt III (01:45:40):
Did you learn that after the fact?
Lisa Hunt (01:45:41):
After the fact.
Luther Johnson Britt III (01:45:42):
Do you know where Paitin and David were located in the car?
Lisa Hunt (01:45:46):
The front passenger seat.
Speaker 5 (01:45:48):
Objection if she wasn't there.
Judge (01:45:49):
Sustained.
Luther Johnson Britt III (01:45:54):
How long was it before you arrived at the hospital?
Lisa Hunt (01:46:00):
15, 15 minutes, maybe 20. I'm not for sure.
Luther Johnson Britt III (01:46:03):
When you arrived at the hospital, where were David and Dale?
Lisa Hunt (01:46:08):
They were in the hospital.
Luther Johnson Britt III (01:46:12):
In the video, it shows the four of you, David, Dale, yourself-
Lisa Hunt (01:46:17):
[inaudible 01:46:18]
Judge (01:46:18):
Hold on. Hold on. Wait for him to finish his question before you start talking, okay?
Lisa Hunt (01:46:25):
Okay. Yes, sir.
Luther Johnson Britt III (01:46:25):
You saw that portion of the video?
Lisa Hunt (01:46:27):
Yes, sir.
Luther Johnson Britt III (01:46:31):
Had you already arrived and just not gone into the lobby? Because based on the video, that's the first time you appeared.
Lisa Hunt (01:46:38):
Yes, sir. Yes, sir.
Luther Johnson Britt III (01:46:43):
Okay. When you arrived, what were David and Dale doing?
Lisa Hunt (01:46:45):
I honestly don't recall. Honestly, I don't know if they were standing at the door, because you could stand at the door on the way in and smoke a cigarette or if they were inside. I don't remember. I do not recall.
Luther Johnson Britt III (01:47:00):
Did either David or Dale appear to be upset? Both. When you say they were upset, can you describe what that was?
Lisa Hunt (01:47:08):
Confusion, anxious, scared.
Luther Johnson Britt III (01:47:12):
Was anyone crying?
Lisa Hunt (01:47:15):
Everybody had cried. I mean, but it wasn't a balling. It's just we were more shocked at what was happening at the time because we didn't know. All I knew was a seizure. That's all I knew at the scene.
Luther Johnson Britt III (01:47:29):
And there came a time when a doctor came and talked to you?
Lisa Hunt (01:47:33):
Yes, sir.
Luther Johnson Britt III (01:47:35):
Do you recall who that doctor was?
Lisa Hunt (01:47:37):
I don't recall his name. No, sir.
Luther Johnson Britt III (01:47:39):
You were not here yesterday when the doctors testified?
Lisa Hunt (01:47:42):
No, sir.
Luther Johnson Britt III (01:47:48):
And when the doctors came and talked to you-
Lisa Hunt (01:47:51):
Yes, sir.
Luther Johnson Britt III (01:47:52):
... after they finished talking with you-
Lisa Hunt (01:47:54):
Yes, sir.
Luther Johnson Britt III (01:47:56):
... what did you, David, Savannah, and Dale do? Did you leave the hospital?
Lisa Hunt (01:48:02):
I left and I run to the store to get Savannah something to drink and myself something to drink, and then I come back, and then Dale and David left because David was covered in urine and feces from where the baby had defecated and urinated on him.
Luther Johnson Britt III (01:48:18):
So, you had seen David's clothes?
Lisa Hunt (01:48:22):
Yes, sir.
Luther Johnson Britt III (01:48:23):
Were they wet?
Lisa Hunt (01:48:23):
Yes, sir. They was pee and oop.
Luther Johnson Britt III (01:48:27):
Were there stains on his clothes?
Lisa Hunt (01:48:28):
Yes, sir.
Luther Johnson Britt III (01:48:31):
Did all of you end up going to New Hanover?
Lisa Hunt (01:48:36):
Yes, sir. They went straight there and come straight back. There was no other way in the time it took. There was no other way.
Luther Johnson Britt III (01:48:44):
And when you came straight back, did you go back home?
Lisa Hunt (01:48:47):
No, sir. We went to New Hanover. After
Luther Johnson Britt III (01:48:50):
You left New Hanover?
Lisa Hunt (01:48:50):
Yes, sir. I went home.
Luther Johnson Britt III (01:48:52):
Okay. At what time of the day was that?
Lisa Hunt (01:48:56):
I stayed at New Hanover a little longer, so I believe it was around 9:30, 10:00. The hours are just really messed up there.
Luther Johnson Britt III (01:49:05):
While you were at Pender or while you were at New Hanover, did Detective Leatherwood show up?
Lisa Hunt (01:49:11):
At New Hanover.
Luther Johnson Britt III (01:49:13):
In New Hanover?
Lisa Hunt (01:49:14):
Yes, sir.
Luther Johnson Britt III (01:49:14):
Did Detective Leatherwood talk to you, David, or Dale?
Lisa Hunt (01:49:20):
Yes, sir.
Luther Johnson Britt III (01:49:23):
Was he trying to gather information?
Lisa Hunt (01:49:25):
Yes, sir, he was. He was.
Luther Johnson Britt III (01:49:28):
And was David an active part of this conversation?
Lisa Hunt (01:49:33):
Yes, sir. We had conversations and then I was pulled into a room alone.
Luther Johnson Britt III (01:49:38):
At what point were you pulled into a room alone?
Lisa Hunt (01:49:39):
It was-
Luther Johnson Britt III (01:49:41):
Was it dark outside or was it light yet?
Lisa Hunt (01:49:48):
It was getting... It was dusk. It was morning dawn. It was not dark. It was-
Luther Johnson Britt III (01:49:54):
And how long did you talk with Detective Leatherwood by yourself?
Lisa Hunt (01:50:01):
I'm not for sure. 10, 15, maybe at the most 15 minutes. It wasn't long. Bless you.
Luther Johnson Britt III (01:50:08):
Do you know where David and Dale were?
Lisa Hunt (01:50:11):
I mean, at the time, David was out in the waiting room with Savannah, and I believe Dale had stepped outside to smoke a cigarette.
Luther Johnson Britt III (01:50:19):
Okay. And following your conversation, the interview with Detective Leatherwood-
Lisa Hunt (01:50:30):
Yes, sir.
Luther Johnson Britt III (01:50:31):
... did all of you leave and go back home or did you continue to remain there at the hospital?
Lisa Hunt (01:50:37):
David went home. Dale went home.
Luther Johnson Britt III (01:50:42):
Did they go together?
Lisa Hunt (01:50:44):
No, sir. A friend picked David up, one of his friends, come up there and picked him up, and then Dale went pretty much right on behind him. It wasn't long.
Luther Johnson Britt III (01:50:55):
Did there come a time when the doctor or doctors at New Hanover came out and talked with you about Paitin's issues, Paitin's progress?
Lisa Hunt (01:51:09):
No one ever talked to us. No one ever come out besides Leatherwood.
Luther Johnson Britt III (01:51:16):
So, when they transferred her from Pender, you didn't know what her condition was?
Lisa Hunt (01:51:22):
A doctor at Pender had come out and he told us that we had a very sick little girl and that she was seizing and they'd give her medication to stop the seizures, but she needed to be transferred to New Hanover, but they couldn't life flight her because of the fog. It was weather, so they were calling in whatever is the Life Flight, but it's by ground, by large ambulance. But that is the only thing that was ever said to us.
Luther Johnson Britt III (01:51:58):
When you first saw Paitin after being awake, you said her eyes were rolling back in her head?
Lisa Hunt (01:52:06):
Yes, sir.
Luther Johnson Britt III (01:52:07):
You recognized that she was having a seizure?
Lisa Hunt (01:52:09):
Yes, sir.
Luther Johnson Britt III (01:52:11):
And that's what you told them when you got to the hospital?
Lisa Hunt (01:52:13):
Yes, sir. I told him that on the phone on the 911 call.
Luther Johnson Britt III (01:52:50):
And so, did you leave New Hanover Memorial Hospital without fully knowing Paitin's condition?
Lisa Hunt (01:53:00):
Yes, sir. I was told I wasn't allowed to be around. I couldn't even talk to Paitin.
Luther Johnson Britt III (01:53:17):
At any time, did a doctor tell you that she was on the verge of being brain-dead?
Lisa Hunt (01:53:22):
No, sir. My daughter did, her mother.
Luther Johnson Britt III (01:53:28):
Now, Laura's your daughter?
Lisa Hunt (01:53:33):
Yes, sir.
Luther Johnson Britt III (01:53:33):
Laura's Paitin's mom?
Lisa Hunt (01:53:33):
Yes, sir.
Luther Johnson Britt III (01:53:34):
Had Laura come to the hospital?
Lisa Hunt (01:53:35):
Yes, sir. I called her immediately that morning. No, sir. I called her. She was in Robinson County. I called her immediately from the house and said... I woke my grandfather up. I think I talked to my son and I said, "You need to get your sister here because something's not right." And she went and got her sister and they come straight up there to New Hanover.
Luther Johnson Britt III (01:54:03):
And when you finally got home that morning-
Lisa Hunt (01:54:06):
Yes, sir.
Luther Johnson Britt III (01:54:07):
... was David at the house?
Lisa Hunt (01:54:14):
I don't recall.
Luther Johnson Britt III (01:54:15):
Was Dale at the house?
Lisa Hunt (01:54:16):
Yes, sir.
Luther Johnson Britt III (01:54:18):
How about Savannah?
Lisa Hunt (01:54:19):
No, sir.
Luther Johnson Britt III (01:54:20):
Where was Savannah?
Lisa Hunt (01:54:22):
Savannah went home with her other grandmother, Dale's mother.
Luther Johnson Britt III (01:54:36):
Dale's mother live here?
Lisa Hunt (01:54:37):
Yes, sir. She stays in Rocky Point.
Luther Johnson Britt III (01:54:38):
At some point after you arrived back at home, did anyone from the sheriff's department show up?
Lisa Hunt (01:54:56):
They had already been there that morning.
Luther Johnson Britt III (01:54:57):
How do you know that they'd already been there?
Lisa Hunt (01:55:01):
Because David was there and Dale went home.
Luther Johnson Britt III (01:55:09):
Do you know who from the Sheriff's Department had been there?
Lisa Hunt (01:55:12):
No, sir. I was not there, but I do believe it was Leatherwood and a few others.
Luther Johnson Britt III (01:55:16):
Was there a copy of the search warrant or were they given consent to search?
Lisa Hunt (01:55:24):
They had a search warrant, but they were also given consent to search. There was no problem with them searching the home.
Luther Johnson Britt III (01:55:40):
Did you later learn that they had collected any things or taken anything with them? Just yes or no.
Lisa Hunt (01:55:48):
Yes, sir.
Luther Johnson Britt III (01:55:48):
Was the sofa still there?
Lisa Hunt (01:55:48):
The sofa was, yes, sir.
Luther Johnson Britt III (01:55:57):
Had any portion of the sofa exterior been removed?
Lisa Hunt (01:56:01):
No, sir.
Luther Johnson Britt III (01:56:02):
Was the sheet or blanket that was on the sofa with Paitin, was it still there?
Lisa Hunt (01:56:09):
Yes, sir. I think so, sir.
Luther Johnson Britt III (01:56:09):
In Dale's room?
Lisa Hunt (01:56:10):
Yes, sir.
Luther Johnson Britt III (01:56:18):
Granted, it's messy.
Lisa Hunt (01:56:20):
Yes, sir.
Luther Johnson Britt III (01:56:21):
Could you tell if anything had been removed from there?
Lisa Hunt (01:56:25):
No, sir.
Luther Johnson Britt III (01:56:28):
How about your and Dale's room?
Lisa Hunt (01:56:30):
No, sir.
Luther Johnson Britt III (01:56:34):
In fact, the sheriff's department came back to your house multiple times, didn't they?
Lisa Hunt (01:56:37):
Yes, sir.
Luther Johnson Britt III (01:56:39):
There was never any resistance to them coming, searching, collecting things?
Lisa Hunt (01:56:44):
No, sir.
Luther Johnson Britt III (01:56:45):
There were times when you were called to come to the sheriff's department and be interviewed?
Lisa Hunt (01:56:57):
Yes, sir.
Luther Johnson Britt III (01:56:57):
Dale also was called?
Lisa Hunt (01:56:57):
Yes, sir.
Luther Johnson Britt III (01:56:58):
David was also called?
Lisa Hunt (01:56:58):
Yes, sir.
Luther Johnson Britt III (01:56:58):
Were Laura?
Lisa Hunt (01:57:00):
No, sir.
Luther Johnson Britt III (01:57:00):
Was Savannah?
Lisa Hunt (01:57:01):
Not that I know of. They took Savannah that evening from her grandmother's and we never-
Luther Johnson Britt III (01:57:08):
What about your daughter Tuesday?
Lisa Hunt (01:57:10):
No, sir.
Luther Johnson Britt III (01:57:11):
How many times do you recall going to the Sheriff's Department and speaking with Leatherwood or any other investigator?
Lisa Hunt (01:57:18):
Many. I mean, honestly, many. I don't... Quite a few. Quite a few.
Luther Johnson Britt III (01:57:27):
Same With David?
Lisa Hunt (01:57:29):
More with David, more with Dale than it was with me, but mainly David.
Luther Johnson Britt III (01:57:48):
There was no arrest immediately made?
Lisa Hunt (01:57:51):
No, sir.
Luther Johnson Britt III (01:57:54):
And in 2022, David was eventually arrested, wasn't he?
Lisa Hunt (01:58:03):
Yes, sir.
Luther Johnson Britt III (01:58:05):
Was he arrested here in Pender County?
Lisa Hunt (01:58:08):
No, sir. He was arrested in Louisiana.
Luther Johnson Britt III (01:58:10):
Do you know why he was in Louisiana?
Lisa Hunt (01:58:12):
Working.
Luther Johnson Britt III (01:58:13):
What kind of work was he doing?
Lisa Hunt (01:58:15):
Construction.
Luther Johnson Britt III (01:58:17):
How long had he been in Louisiana at the time he was arrested?
Lisa Hunt (01:58:21):
Two months, three. Two or three months I put him on the airplane. I just don't remember the exact date.
Luther Johnson Britt III (01:58:38):
Was Detective Leatherwood still the investigator at that time?
Lisa Hunt (01:58:42):
I do not know. They had not been contacting us at all anymore, but we really. When was the
Luther Johnson Britt III (01:58:47):
Last time you had contact with the Sheriff's Department prior to 2022?
Lisa Hunt (01:58:55):
The day before David come home in 2021, myself, my husband, and my daughter, Tuesday, we were all called to the sheriff's office for a meeting with the DA and David at the time, Leatherwood, their authorities. The sheriff was there. Yeah, I believe it was in February.
Luther Johnson Britt III (01:59:28):
So, almost four years had elapsed?
Lisa Hunt (01:59:30):
Yes, sir.
Luther Johnson Britt III (01:59:58):
That's all I have, Your Honor.
Judge (02:00:00):
Redirect?
Speaker 5 (02:00:01):
Briefly, Judge. Ms. Hunt, at the time all this happened, November 13th, 2017, did your home have running water?
Lisa Hunt (02:00:09):
Yes, sir. Yes, ma'am, it did.
Speaker 5 (02:00:10):
At that time?
Lisa Hunt (02:00:11):
Yes, ma'am.
Speaker 5 (02:00:15):
Had you not had running water in a period around then?
Lisa Hunt (02:00:19):
No, ma'am. We had one area of the house that was sluggish because of the salt buildup that went into the back bathroom, but it was just in that bathroom and they got that fixed in the tub. We did have slow running water in the front. We had... My husband and David both had to replace the water lines. Time period, I can't tell you the exact time period, but there was running water. I had water in my kitchen, water in my bathroom. That's where the girls took their bath was in my bathroom.
Speaker 5 (02:00:49):
Ms. Hunt, you mentioned earlier with Mr. Britt that the dogs would sleep inside the house?
Lisa Hunt (02:00:56):
Yes, ma'am.
Speaker 5 (02:00:57):
And they were inside the house that night?
Lisa Hunt (02:00:59):
Yes, ma'am.
Speaker 5 (02:01:00):
And you said Bubbles, the small one, and Sapphire, a bigger dog were just in the living area?
Lisa Hunt (02:01:06):
Yes. Bubbles was above Paitin's head on the arm of the couch. Sapphire was somewhere in there. She always is. I did not see Sapphire, but I was not looking for Sapphire. I was looking at Paitin.
Speaker 5 (02:01:18):
And Smokey was in David's room?
Lisa Hunt (02:01:20):
Yes, ma'am.
Speaker 5 (02:01:23):
Nothing further, Judge.
Judge (02:01:24):
Any recross?
Luther Johnson Britt III (02:01:25):
No, sir.
Judge (02:01:26):
Is this witness subject to recall?
Speaker 5 (02:01:26):
Yes, judge.
Judge (02:01:26):
Okay.
Lisa Hunt (02:01:26):
Today?
Judge (02:01:30):
Well, just at any point during this trial, you may be recalled to come and testify again. So, that means that when they call to ask you to testify, then you have to adhere to your obligations of the subpoena. At this time, you may step down. I'm assuming you don't need it today, is it correct?
Speaker 5 (02:01:50):
No.
Lisa Hunt (02:01:50):
The reason why I'm asking, my mother needs to be.
Speaker 5 (02:01:51):
No, judge.
Judge (02:01:51):
Okay. Yes, you may go.
Lisa Hunt (02:01:51):
Thank you.
Luther Johnson Britt III (02:01:51):
May we approach?
Judge (02:01:51):
You may.
Speaker 6 (02:01:52):
Watch your step.
Judge (02:02:32):
All right. State, you may call your next witness.
Mr. Smith (02:02:33):
State would call Dale Hunt.
Luther Johnson Britt III (02:02:37):
May I approach, Your Honor?
Judge (02:03:04):
You may.
(02:03:04)
All right, sir, if you can please take the witness stand.
Speaker 6 (02:03:16):
Thank you, sir.
Judge (02:03:16):
You can go ahead and place your left hand on the Bible. Raise your right hand. The clerk will swear you in.
Clerk (02:03:20):
Do you solemnly swear that the testimony you give in court today will be the truth, the whole truth, nothing but the truth, so help you God?
Dale Hunt (02:03:25):
Ye, ma'am.
Clerk (02:03:26):
Thank you. You may be seated.
Speaker 6 (02:03:26):
The microphone, please. Thank you.
Judge (02:03:36):
Sir, as you testify here today, please make sure to speak loudly and clearly into that microphone so everybody here can hear you. Please make sure all of your answers are out loud. No head shakes or nods or mm-hmm. Everything has to be a yes or a no, and please wait for the attorney to be done asking their question before you give any sort of response. Can you do that?
Clerk (02:03:56):
Yes, sir.
Judge (02:03:56):
All right. Thank you. State, you may proceed.
Mr. Smith (02:03:59):
Good morning, Mr. Hunt.
Clerk (02:04:00):
Hey, Mr. Smith.
Mr. Smith (02:04:02):
Can you state your name and spell it for the jury, please?
Clerk (02:04:05):
Dale Sharby Hunt. D-A-L-E S-H-A-R-B-Y H-U-N-T.
Mr. Smith (02:04:11):
And where do you currently reside, Mr. Hunt?
Clerk (02:04:14):
Robinson County.
Mr. Smith (02:04:15):
And around the November 12th, 13th, 14th timeframe of 2017, where did you reside?
Clerk (02:04:23):
Here in Pender County.
Mr. Smith (02:04:23):
At 104 Blackwater?
Clerk (02:04:24):
At 104 Blackwater Drive.
Mr. Smith (02:04:27):
And were you married to Lisa Hunt, who just testified?
Clerk (02:04:31):
Yes, ma'am. I mean, yes, sir.
Mr. Smith (02:04:33):
How long have you been married to Ms. Hunt?
Clerk (02:04:36):
We've been together 26 years.
Mr. Smith (02:04:40):
And you've been in the courtrooms while Ms. Hunt was testifying, correct?
Clerk (02:04:45):
Yes, sir.
Mr. Smith (02:04:46):
Do you know the defendant, David Prevatte?
Clerk (02:04:49):
Yes, sir. That's my son.
Mr. Smith (02:04:51):
How long have you raised or been around Mr. Prevatte?
Clerk (02:04:56):
Before he could walk, about 16, 18 months old.
Mr. Smith (02:05:00):
You are his stepfather, correct?
Clerk (02:05:03):
I'm his father. There was a sperm donor. I'm his father.
Mr. Smith (02:05:07):
You've raised Mr. Prevatte?
Clerk (02:05:09):
Yes, sir. That's my son.
Mr. Smith (02:05:11):
But legally stepfather, but you've raised him?
Clerk (02:05:13):
Yes, sir.
Mr. Smith (02:05:13):
You consider him your son?
Clerk (02:05:15):
Yes, sir. Matter of fact, he's going to get his name changed to Hunt.
Judge (02:05:19):
Quiet in the courtroom, please.
Mr. Smith (02:05:22):
Now, I'm going to take you to November 13th, 2017 or November 12th. Who was living in your house at the time?
Clerk (02:05:30):
My wife, my two granddaughters, and my son.
Mr. Smith (02:05:34):
And your granddaughters are named who?
Clerk (02:05:37):
Paitin and Savannah Fields.
Mr. Smith (02:05:39):
And at that time, Savannah was how old?
Clerk (02:05:43):
About seven, I think.
Mr. Smith (02:05:45):
And at the time, Paitin was how old?
Clerk (02:05:46):
Like three or four.
Mr. Smith (02:05:48):
Okay. And how long had Savannah and Paitin lived with you prior to 2017?
Clerk (02:05:56):
We got Savannah when she was like 10 days old.
Mr. Smith (02:06:00):
Okay. So, she'd been living there for a while?
Clerk (02:06:02):
Yes, sir.
Mr. Smith (02:06:03):
And how about Paitin?
Clerk (02:06:04):
We got her when she was about three.
Mr. Smith (02:06:07):
So, a couple years?
Clerk (02:06:08):
Yes, sir.
Mr. Smith (02:06:11):
I want to talk about the house. You lived at 104 Blackwater Drive?
Clerk (02:06:17):
Yes, sir.
Mr. Smith (02:06:19):
And you and your wife, did you share a room?
Clerk (02:06:21):
Yes, sir.
Mr. Smith (02:06:22):
Where was your room in that house?
Clerk (02:06:25):
If you walk in the door, there's a kitchen to the right, and there's another door up beside the fireplace, and it's on the left, and that's the master bedroom.
Mr. Smith (02:06:35):
Okay. And then Savannah and Paitin, did they have their own room?
Clerk (02:06:39):
Yes, sir.
Mr. Smith (02:06:40):
And did they sleep in that room a lot?
Clerk (02:06:43):
No. Mostly they slept on the couch, just like my daughter and my son, my neighbor was little, that's where they preferred to sleep was on the couch.
Mr. Smith (02:06:55):
Lisa said that David was inside the house sometimes and would live outside the house sometimes. When David was living inside the house, where would he sleep?
Clerk (02:07:05):
In his bedroom.
Mr. Smith (02:07:06):
Okay. When you say his bedroom, there were two other bedrooms other than yours and Lisa's room?
Clerk (02:07:11):
Yes, sir. It was a three-bedroom house, two baths.
Mr. Smith (02:07:13):
Lisa refers to a front bedroom and a back bedroom.
Clerk (02:07:17):
Yes, sir.
Mr. Smith (02:07:17):
Where would David sleep in relation to the front bedroom or back bedroom?
Clerk (02:07:21):
The front bedroom.
Mr. Smith (02:07:23):
The girls would have a bunch of their stuff in there too?
Clerk (02:07:26):
Yes, sir.
Mr. Smith (02:07:27):
Is that the room closest to the couch area?
Clerk (02:07:31):
Yes, sir.
Mr. Smith (02:07:32):
All right. So, on November 12th, 13th, nobody else lived in the house but you, Lisa, Savannah, Paitin, and David, is that correct?
Clerk (02:07:43):
Yes, sir.
Mr. Smith (02:07:44):
And prior to that Sunday, November 12th, when did David come back home? He had left for some time and came back home when?
Clerk (02:07:53):
I think it's that Friday. Thursday or Friday.
Mr. Smith (02:07:57):
Okay. And prior to that, where was he living?
Clerk (02:07:59):
At his Aunt Wanda's, his godmother's.
Mr. Smith (02:08:02):
Over off of Whitestocking Road?
Clerk (02:08:03):
Yes, sir.
Mr. Smith (02:08:06):
At this time, November 12th and 13th, were you employed?
Clerk (02:08:10):
Yes, sir.
Mr. Smith (02:08:11):
Where were you employed at?
Clerk (02:08:12):
Smithfield.
Mr. Smith (02:08:13):
And what did you do?
Clerk (02:08:16):
Back then, I was loading hogs. I leave the house about 2:00, 3:00 in the afternoon. I wouldn't get home sometimes anywhere from 3:00 to 8:00 the next morning.
Mr. Smith (02:08:30):
Okay. On November 12th, at some point you had an injury, is that right?
Clerk (02:08:35):
Yes, sir. I quit loading hogs and started working sow farm, and I had about a 400 pound sow take my knee and shift it over to the side, so I was out, messed up my ACL, and I was out of work for about three months.
Mr. Smith (02:08:50):
Okay. And on November 12th, were you still out of work or were you coming back into work?
Clerk (02:08:56):
I started back. I was only for work for about a week before all this happened.
Mr. Smith (02:09:00):
What were your hours then when you came back to work after your injury?
Clerk (02:09:07):
I used to be out there on the farm about 6:00 in the morning because you had to wash and shower again before you even got in there, so no contamination. So, I'd get to work about 5:30 and I'd go and take a shower and sit there and read my Bible until it was time to go to work.
Mr. Smith (02:09:26):
And then what time would you get off?
Clerk (02:09:30):
Usually about 4:00 unless we had hogs go out and then we had to clean the pens and then use about six or seven.
Mr. Smith (02:09:37):
All right. And would you work seven days a week or what days of the week did you work?
Clerk (02:09:43):
I work two weeks straight and then have a weekend off.
Mr. Smith (02:09:47):
Okay. So, let's go back to, and I know it's hard, it's been a long time, but let's go back to November 12th. That's a Sunday evening. Did you work that Sunday?
Clerk (02:09:56):
No, sir. I had that weekend off. We wound up going to my mother- in-law's. I had to put some safety rails up for her because she just had her knee surgery done and I was putting rails up for around a porch and a bathroom and a tub and everything so she can have something to grab on when she was moving.
Mr. Smith (02:10:14):
Where was that at?
Clerk (02:10:15):
In Lumberton.
Mr. Smith (02:10:16):
Okay. And who went out to Lumberton that weekend with you?
Clerk (02:10:19):
That was me, my wife, my son and my two granddaughters.
Mr. Smith (02:10:22):
Okay. David, Savannah, Paitin, and you and Lisa?
Clerk (02:10:25):
Yeah. I'm sorry. I started using their names. Yes, sir.
Mr. Smith (02:10:27):
Thank you. So, you were off that weekend.
Clerk (02:10:30):
Yes, sir.
Mr. Smith (02:10:31):
Would you return to work or supposed to return to work that Monday then?
Clerk (02:10:34):
Yes, sir.
Mr. Smith (02:10:36):
So, when you would have to be out at the farm at 5:30 in the morning,
Clerk (02:10:41):
What time
Mr. Smith (02:10:41):
Would you get up normally?
Clerk (02:10:43):
I usually got up around about 4:00 in the morning so I could get up, get my coffee in me, and I would read my Bible something there too. Just get a good day started. And then I'd go to work. I would listen to my preaching on work and I sit out there and got dressed, took a shower, and then I'd go up there. I had what they call a daily book. If you've ever been to Christian, you know what I'm talking about? They got their prescription in there for different days.
Mr. Smith (02:11:12):
Yes, sir.
Clerk (02:11:13):
I'd go ahead and read that and get my day started.
Mr. Smith (02:11:15):
So, let me ask you then, if you had to get up at, I don't know, 3:00 or 4:00 in the morning-
Clerk (02:11:20):
Yes, sir.
Mr. Smith (02:11:21):
... what time would you go to bed the previous night?
Clerk (02:11:23):
Oh, I went to bed early when the roosters did.
Mr. Smith (02:11:27):
About what time for normal folks would that be?
Clerk (02:11:29):
About seven, seven, eight, give or take. All right.
Mr. Smith (02:11:33):
So, now I'm going to go to November 12th, that Sunday. Y'all were back from Lumberton.
Clerk (02:11:38):
Yes, sir.
Mr. Smith (02:11:39):
You know you have to go to work on the 13th, that Monday.
Clerk (02:11:42):
Yes, sir.
Mr. Smith (02:11:43):
What time were you planning to wake up?
Clerk (02:11:45):
About the same, but you know what I mean? Around 4:35.
Mr. Smith (02:11:48):
Okay. Then on the night of the 12th, who all was at the house at the night of the 12th?
Clerk (02:11:57):
Lisa, myself, Paitin, Savannah, and my son, David.
Mr. Smith (02:12:02):
All right.
Clerk (02:12:00):
... Paitin, Savannah, and my son David.
Mr. Smith (02:12:03):
All right. And at some point, what time do you go to bed?
Clerk (02:12:07):
Ooh, about 9:00. 8:00, 9:00.
Mr. Smith (02:12:11):
Okay. So 8:00 or 9:00 at night on Sunday the 12th?
Clerk (02:12:14):
Yes, sir.
Mr. Smith (02:12:15):
Then when you go to bed, is David there or is he somewhere else or do you know?
Clerk (02:12:22):
I think him and his friends were on the outside.
Mr. Smith (02:12:25):
And when you say his friends, do you know their names?
Clerk (02:12:27):
I know Jamie and Andrew. Oh, a guy named Michael, I think is what his name is, and a few other kids that I didn't know.
Mr. Smith (02:12:40):
Outside of the house?
Clerk (02:12:41):
Yes, sir.
Mr. Smith (02:12:41):
And-
Clerk (02:12:42):
I used to let them hang out in my house and have a bonfire. That way I know they were safe.
Mr. Smith (02:12:48):
All right. So you go to bed, David's outside, Savannah, Paitin and Lisa are inside when you go to bed?
Clerk (02:12:54):
Yes, sir.
Mr. Smith (02:12:55):
Where do you go to bed at?
Clerk (02:12:56):
In my bedroom.
Mr. Smith (02:12:58):
And that's normal, you normally sleep at night in your bedroom?
Clerk (02:13:01):
Yes, sir. Usually I go in there and lay down. Usually the grand babies that come in there and lay with me.
Mr. Smith (02:13:06):
Okay.
Clerk (02:13:08):
And I don't know something, I can put one of them to sleep. If they don't want me to go to sleep, they get in there with papa. I start rocking, singing a little bit and they say ... I know they're asleep. Lisa come and pick one up, take her to bed and bring the other one in and I knock her out. Lisa takes her to bed.
Mr. Smith (02:13:23):
All right. So you go to bed between 8:00 or 9:00 that night.
Clerk (02:13:27):
Yes, sir.
Mr. Smith (02:13:28):
Does Lisa go to bed at the same time?
Clerk (02:13:32):
I can't remember. I don't remember.
Mr. Smith (02:13:35):
Then at some point you wake up early morning hours of November 13th.
Clerk (02:13:43):
Yes, sir.
Mr. Smith (02:13:44):
How do you wake up?
Clerk (02:13:45):
I had to use the restroom.
Mr. Smith (02:13:46):
All right. At some point, did Savannah ever come into your room?
Clerk (02:13:51):
Yes, sir. I think I was falling back asleep and she came in there and told me that the baby was acting silly, that Paitin was acting silly, and I thought they were just in there playing. And I told her to go back to bed.
Mr. Smith (02:14:04):
What time was that?
Clerk (02:14:06):
I have no idea 'cause I wasn't looking at my clock or nothing else. It was dark.
Mr. Smith (02:14:11):
Middle of the night?
Clerk (02:14:11):
Yes, sir. And see, that's why I blame myself.
Mr. Smith (02:14:16):
Well, let's stop. Just let me ask the questions and you answer the questions.
Clerk (02:14:19):
Okay.
Mr. Smith (02:14:23):
So you tell her, she comes in there and says, "Something's wrong with Paitin."
Clerk (02:14:26):
Yes, sir. "She's acting silly," I think, it was what she was saying, crazy or silly. I can't remember the exact words, sir.
Mr. Smith (02:14:31):
And you said, "Go on back in there and go to sleep."
Clerk (02:14:33):
Yeah, don't wake her up.
Mr. Smith (02:14:34):
And you go back to bed?
Clerk (02:14:36):
Yes, sir.
Mr. Smith (02:14:37):
And at some point, do you go all the way back to sleep or do you-
Clerk (02:14:42):
Kind of half-and-half.
Mr. Smith (02:14:44):
All right. Lisa's in the bed with you?
Clerk (02:14:45):
Yes, sir.
Mr. Smith (02:14:47):
And then at some point, what happens next?
Clerk (02:14:49):
About time to get up and she goes in there to make my cup of coffee, make her coffee so I can get up and start going.
Mr. Smith (02:14:56):
All right. And what do you hear next?
Clerk (02:14:57):
That's when I heard her scream my name.
Mr. Smith (02:15:00):
What do you see?
Clerk (02:15:01):
I went in there and she was holding the baby and she said, "Baby, something ain't wrong. Ain't something right wrong. Ain't something wrong." Said, "Call 911."
Mr. Smith (02:15:11):
What did you observe about Paitin at that time?
Clerk (02:15:14):
I couldn't really see her 'cause Lisa had her.
Mr. Smith (02:15:16):
All right.
Clerk (02:15:16):
You know what I mean? I couldn't, but I trust my wife's instinct and I knew something was wrong.
Mr. Smith (02:15:23):
What do you do?
Clerk (02:15:24):
Sir, that's when I said, "Let's call 911." And then I went in there and started getting dressed. David came out, we got dressed and 911 didn't answer. So that's when we came up with the idea, let's jump in the car and get there. 'Cause by the time the ambulance gets to Pender County and come back, you know what I mean? I could already be at Pender County.
Mr. Smith (02:15:45):
So you get into a vehicle?
Clerk (02:15:47):
Yes, sir. My Kia.
Mr. Smith (02:15:49):
Your what?
Clerk (02:15:50):
I had a Kia.
Mr. Smith (02:15:50):
What color was it?
Clerk (02:15:51):
Maroon.
Mr. Smith (02:15:52):
Okay. And who's driving at that time?
Clerk (02:15:55):
I was.
Mr. Smith (02:15:56):
And who has Paitin at that time?
Clerk (02:15:59):
Boo Boo. Who's that? I mean, that's his nickname. I'm sorry. I've been calling him since he was a kid. David.
Mr. Smith (02:16:06):
All right. And David has Paitin and where does he get into?
Clerk (02:16:10):
He gets in the front seat.
Mr. Smith (02:16:11):
All right. And where do you go?
Clerk (02:16:15):
Pender County.
Mr. Smith (02:16:16):
How do you get there?
Clerk (02:16:18):
Wide open. Down 117.
Mr. Smith (02:16:23):
All right. How long does it take you to get there?
Clerk (02:16:25):
Probably about four or five minutes.
Mr. Smith (02:16:27):
All right. You've heard Lisa here testify it took about-
Clerk (02:16:29):
'Cause I-
Mr. Smith (02:16:29):
... 15.
Clerk (02:16:30):
Yes, sir.
Mr. Smith (02:16:32):
You're saying it took you about four or five minutes?
Clerk (02:16:34):
Yes, sir. You can ask Leatherwood because Leatherwood timed it. He asked me how did I get there so quick from a 911 call until they actually seen David there. And I asked him, "Could I go to jail if I tell them?" He told me no. And I said I averaged out about 120, topped out at 160.
Mr. Smith (02:16:52):
So you were concerned?
Clerk (02:16:54):
Yes, sir.
Mr. Smith (02:16:56):
Were you able to see while you were driving what Paitin looked like at that
Clerk (02:17:02):
Time? I kept my eye on the road going that fast, but I could smell when she defecated and that's when I really punched it.
Mr. Smith (02:17:09):
Was she talking?
Clerk (02:17:10):
No, sir.
Mr. Smith (02:17:12):
Was she moving?
Clerk (02:17:14):
I couldn't tell you. Like I said, my eyes were on the road.
Mr. Smith (02:17:19):
You end up getting to Pender County Memorial to the ER?
Clerk (02:17:22):
Yes, sir.
Mr. Smith (02:17:22):
What do you do next?
Clerk (02:17:24):
My son got out, banged on the door, and while he was banging on the door, I took my car 'cause I didn't want my car to be right there where the ambulance comes in at, and I took my car and I parked it around in the parking lot and I came through the front door.
Mr. Smith (02:17:37):
All right. At some point, was Paitin transferred to New Hanover County?
Clerk (02:17:46):
Yes, sir.
Mr. Smith (02:17:47):
All right. And did you travel down to New Hanover County?
Clerk (02:17:50):
Yes, sir.
Mr. Smith (02:17:51):
How did you get there?
Clerk (02:17:52):
I went down 117 and then hit Castle Hayne Road that way and went 'cause it's the fastest way to go.
Mr. Smith (02:18:02):
What vehicle were you in at that time?
Clerk (02:18:03):
I was still in the Kia.
Mr. Smith (02:18:05):
Did anybody ride with you down to the New Hanover Hospital?
Clerk (02:18:08):
I think my son rode with me.
Mr. Smith (02:18:11):
All right. And where was Lisa at that time?
Clerk (02:18:13):
She was in our van taking Savannah and everything down there. I don't know if she took my mom with her or not, 'cause my mom came out there at Pender County too.
Mr. Smith (02:18:25):
All right. And you at some point get down to New Hanover Hospital?
Clerk (02:18:30):
Yes, sir. We beat the ambulance there.
Mr. Smith (02:18:32):
All right. And you beat the ambulance there?
Clerk (02:18:36):
Yes, sir.
Mr. Smith (02:18:39):
Do you get to see Paitin at the hospital when she was in New Hanover?
Clerk (02:18:42):
I got to see her when they was bringing her out the, what you call it, and act like they didn't want me to touch her or do nothing with her and I didn't know what was going on. I'm going, "Why not?" And that's when the security guard said, "You got to wait till a cop come here before you can even see her or anything 'cause they got to ask you some questions." And it was dragging on and dragging on. I told that security guard, "He's got five more minutes to get a cop here 'cause him and his buddy can't stop me from going in that room. I guarantee you won't [inaudible 02:19:15]."
Mr. Smith (02:19:15):
All right. So at some point, did Detective Leatherwood come and talk to you at the hospital?
Clerk (02:19:20):
Yeah, he came back about 10 minutes later.
Mr. Smith (02:19:22):
Okay. All right. And you talked to Detective Leatherwood while you were at the hospital?
Clerk (02:19:29):
Yes, sir.
Mr. Smith (02:19:33):
Let me take you back to the night of November 12th. You said previously that at the house that night, inside your house-
Clerk (02:19:49):
Yes, sir.
Mr. Smith (02:19:49):
You, Lisa, Savannah, Paitin and David, correct?
Clerk (02:19:53):
Yes, sir.
Mr. Smith (02:19:54):
Was there anybody else inside your house?
Clerk (02:19:56):
Not that-
Mr. Smith (02:19:56):
On the night of-
Clerk (02:20:00):
... I know of. Like I said, I was in bed and I don't think David was inside the house. I think he was outside with his friends.
Mr. Smith (02:20:04):
Okay. You have three dogs?
Clerk (02:20:07):
Yes, sir.
Mr. Smith (02:20:08):
All right. The little dog?
Clerk (02:20:10):
Bubbles.
Mr. Smith (02:20:11):
Bubbles?
Clerk (02:20:12):
Yes, sir.
Mr. Smith (02:20:12):
Black dog?
Clerk (02:20:14):
Smokey.
Mr. Smith (02:20:15):
The other dog?
Clerk (02:20:15):
Sapphire.
Mr. Smith (02:20:16):
And where do they live? Do they live outside, inside? Or ...
Clerk (02:20:21):
In and ... Both, in and out. I mean, they leave in in the night and we let them out the first thing in the morning when I go to work so they can use the restroom and everything. And Lisa's there in the daytime, so then I let them back in the house so they don't try to follow me down the road.
Mr. Smith (02:20:37):
All right. And do they bark around people?
Clerk (02:20:41):
Some, if they don't know them.
Mr. Smith (02:20:44):
If they don't know them, they're barking around?
Clerk (02:20:45):
Yes, sir.
Mr. Smith (02:20:48):
All right. Did you see anybody inside your house the night of the 12th going into the early morning hours of the 13th?
Clerk (02:20:54):
I was out of it, papa.
Mr. Smith (02:20:56):
Okay. So you didn't, is that a-
Clerk (02:20:57):
No, sir. I'm sorry. No, sir.
Mr. Smith (02:20:59):
Okay. Did you see David come back into the house or hear David come back to the house as Lisa described?
Clerk (02:21:06):
No, sir.
Mr. Smith (02:21:07):
Why not?
Clerk (02:21:08):
'Cause I was asleep. Once I'm asleep, I'm out.
Mr. Smith (02:21:15):
Outside of waking up around the time that Savannah comes into your room, did you wake up between the time you went to bed at 8:00 or 9:00 in the morning to the time that Savannah comes into your room? Did you wake up any other-
Clerk (02:21:29):
Just to go take a pee. I used the restroom and then I was coming back laying down and that's when she came into the restroom and told me that.
Mr. Smith (02:21:36):
All right. So from the time 8:00 or nine o'clock on the 12th to the time you got up to the restroom-
Clerk (02:21:43):
Yes, sir. I didn't wake up.
Mr. Smith (02:21:44):
You didn't wake up?
Clerk (02:21:45):
No, sir.
Mr. Smith (02:21:46):
Did you go into the living room with the girls at all between the time you go to bed at 8:00 or 9:00 to the time you go to the restroom?
Clerk (02:21:54):
No, sir. I usually go in there and check on them, but for some morning I didn't. I looked in the room, you know, I looked through the door 'cause of the what you call it right there, I seen Savannah standing up and I seen Paitin laying down. I thought she was asleep, so I went on and laid back down to bed.
Mr. Smith (02:22:08):
All right.
Clerk (02:22:10):
'Cause she wasn't shaking or nothing at that time.
Mr. Smith (02:22:12):
All right. So you didn't go in there into the living room with the girls between the time you went to bed, 8:00 or 9:00 that night to the time you woke up to go to the bathroom?
Clerk (02:22:23):
No, sir. I just peeked then I'm on through the door while I was going back to the bathroom.
Mr. Smith (02:22:27):
And then as you're getting in the bed, Savannah comes in and says...
Clerk (02:22:32):
Yeah, a few minutes later.
Mr. Smith (02:22:34):
All right.
Clerk (02:22:35):
I can't tell you. It might have been five, might have been 10, you know what I mean? But somewhere around there.
Mr. Smith (02:22:39):
All right. She comes in, you send her out, or you tell her to go back to bed?
Clerk (02:22:49):
Yes, sir.
Mr. Smith (02:22:50):
Is Lisa asleep or awake at that point?
Clerk (02:22:52):
Lisa's asleep.
Mr. Smith (02:22:53):
All right. At some point after Savannah tells you that something was funny with Paitin, does Lisa wake up?
Clerk (02:23:04):
Yes, sir.
Mr. Smith (02:23:04):
All right. How long after Savannah came in?
Clerk (02:23:08):
Probably about 30 minutes, give or take.
Mr. Smith (02:23:10):
All right.
Clerk (02:23:13):
When it got about time for the alarm to come up, you know what I mean? She woke up right before the alarm come on to go make my coffee.
Mr. Smith (02:23:19):
Okay. And you heard that Lisa testified just now that she woke up when you went to go to the bathroom. Did you hear that?
Clerk (02:23:27):
Yes. She usually now ... That's something if I get out of bed, she will pop her eyes out.
Mr. Smith (02:23:33):
All right.
Clerk (02:23:33):
I don't know what it is. She knows when her husband gets up out of that bed.
Mr. Smith (02:23:44):
At some point you're told by medical personnel or by Pender County Sheriff's Office what happened to Paitin, correct?
Clerk (02:23:55):
Yeah. The guy from Pender County came in there and told me I had a very, very sick granddaughter, that they got her under ... Her seizures under control and that she's very sick and she's going to have to go to New Hanover.
Mr. Smith (02:24:12):
All right.
Clerk (02:24:15):
I am speaking loud enough, ain't I?
Judge Ricardo Jensen (02:24:16):
Yes, you are speaking loud enough.
Clerk (02:24:16):
Okay.
Judge Ricardo Jensen (02:24:20):
Thank you.
Mr. Smith (02:24:24):
Did you cause Paitin's death?
Clerk (02:24:27):
No, sir.
Mr. Smith (02:24:35):
Did you cause Paitin any of Paitin's injuries?
Clerk (02:24:39):
No, sir.
Mr. Smith (02:24:44):
You raised Paitin?
Clerk (02:24:45):
Yes, sir.
Mr. Smith (02:24:46):
You raised Savannah?
Clerk (02:24:47):
Yes, sir. Like I said, we had Savannah since she was 10 days old. I spoiled my grand babies.
Mr. Smith (02:25:00):
No further questions at this time, Judge.
Judge Ricardo Jensen (02:25:01):
Cross examination?
Luther Johnson Britt III (02:25:05):
Yes, sir. Just briefly. Mr. Hunt, you and Savannah share the same birthday, don't you?
Clerk (02:25:13):
Yes, sir. That was a heck of a gift.
Luther Johnson Britt III (02:25:21):
And that's a special bond between you?
Clerk (02:25:23):
Yes, sir. That's Papa's baby.
Luther Johnson Britt III (02:25:38):
You had an opportunity to see David with both of the girls, hadn't you?
Clerk (02:25:44):
Yes, sir.
Luther Johnson Britt III (02:25:44):
How would you describe his relationship with both of the girls?
Clerk (02:25:47):
He loves his niece. He spoiled him just as much as I did.
Luther Johnson Britt III (02:25:52):
Did they have a special name for him?
Clerk (02:25:55):
Yeah, that was Uncle Boo Boo.
Luther Johnson Britt III (02:25:56):
Now, did you give him that name?
Clerk (02:25:58):
Yes, sir.
Luther Johnson Britt III (02:25:59):
How did you come up with that name?
Clerk (02:26:01):
I just popped in my head. That was when he was little. He reminded me of a Boo Boo and that's just what it came ever since he was about 19-months-old, two-years-old.
Luther Johnson Britt III (02:26:13):
So it's stuck?
Clerk (02:26:14):
It's stuck, and everybody says when something happens, they say, "Well, it's the boo-boo. He's spoiled. He's the baby. It's the boo-boo."
Luther Johnson Britt III (02:26:27):
So on the morning of the 13th-
Clerk (02:26:30):
Yes, sir.
Luther Johnson Britt III (02:26:31):
You're awakened by Savannah?
Clerk (02:26:34):
Yes, sir.
Luther Johnson Britt III (02:26:35):
Or were you already awake?
Clerk (02:26:36):
Yes, sir.
Luther Johnson Britt III (02:26:37):
Which was it? She wake you up or did you wake up on your own?
Clerk (02:26:42):
Like I said, I just went and used the bathroom. I was laying back down. I hadn't quite fallen asleep yet when she came in there.
Luther Johnson Britt III (02:26:49):
And do you recall what she said to you?
Clerk (02:26:51):
She said that, "Paitin was in there." I want to say, "She was acting silly."
Luther Johnson Britt III (02:26:55):
Okay. And so what did you tell Savannah?
Clerk (02:27:00):
I thought they was just in there playing, so I told her to go back to sleep and let her sister go back to sleep, 'cause Savannah went to sleep a lot earlier than her sister did that night 'cause she got in trouble for walking Savannah around with a dog leash on her neck.
Luther Johnson Britt III (02:27:16):
You talking about Savannah?
Clerk (02:27:17):
Savannah, yes, sir.
Luther Johnson Britt III (02:27:18):
To Paitin?
Clerk (02:27:20):
To Paitin, yes, sir. She had a dog leash around her neck.
Luther Johnson Britt III (02:27:23):
Was that some type of game they play?
Clerk (02:27:25):
Yes, sir.
Luther Johnson Britt III (02:27:28):
And so when you told Savannah to go back into the living room and go back to sleep, did she do what you told her? Did she go back in there?
Clerk (02:27:36):
She went back in there and cut the TV on.
Luther Johnson Britt III (02:27:38):
Okay. And so eventually you got out of bed?
Clerk (02:27:42):
Yes, sir. I got out of bed when Lisa screamed.
Luther Johnson Britt III (02:27:46):
Now, were you aware that Lisa had gotten up?
Clerk (02:27:49):
Yes, sir.
Luther Johnson Britt III (02:27:50):
She had gone into the kitchen to make coffee?
Clerk (02:27:52):
Yeah, to make her coffee.
Luther Johnson Britt III (02:27:52):
Okay. And was that something she did every day?
Clerk (02:27:56):
Yes, sir. My wife takes care of us. If I got to work, she makes sure I'm taken care of.
Luther Johnson Britt III (02:28:04):
And so you knew she got up and walked out of the bedroom?
Clerk (02:28:07):
Yes, sir.
Luther Johnson Britt III (02:28:08):
And then you heard her scream?
Clerk (02:28:09):
Yes, sir.
Luther Johnson Britt III (02:28:10):
What did you do?
Clerk (02:28:12):
I jumped right on up and went in there.
Luther Johnson Britt III (02:28:16):
What did you see when you went in there?
Clerk (02:28:18):
She was holding Savannah and saying, "Something ain't right, baby. Something ain't right. She's having a seizure."
Luther Johnson Britt III (02:28:22):
Now, were you aware that Savannah had been sick the day before?
Clerk (02:28:26):
I knew that Paitin was sick the day before.
Luther Johnson Britt III (02:28:30):
I'm sorry, Paitin, excuse me.
Clerk (02:28:31):
Yes, sir. Matter of fact, I think Friday, my wife took her to a doctor's or something or some emergency room or something, but she had a doctor appointment the next day, that Monday.
Luther Johnson Britt III (02:28:44):
And who would normally take her to the doctor? Lisa?
Clerk (02:28:49):
My wife, Lisa.
Luther Johnson Britt III (02:28:51):
And so when you heard Lisa scream, you just jumped out of bed?
Clerk (02:28:56):
Yeah, 'cause it was the most banshee-ist ... I knew something was wrong from that scream.
Luther Johnson Britt III (02:29:04):
So you had not gotten up and started to get dressed, you jumped out of bed?
Clerk (02:29:07):
Yes, sir.
Luther Johnson Britt III (02:29:08):
And then when you came into the living room, was David already there?
Clerk (02:29:13):
David was coming in when I was coming in.
Luther Johnson Britt III (02:29:16):
Was David dressed?
Clerk (02:29:17):
Yes, sir. He usually sleeps with his clothes on.
Luther Johnson Britt III (02:29:22):
And the clothes that we saw him wearing in the video at the hospital?
Clerk (02:29:26):
Yes, that's what he went to bed in that night.
Luther Johnson Britt III (02:29:29):
And so, did you stay in the room or did you go back to the bedroom?
Clerk (02:29:35):
I went back to the bedroom and got changed, put some clothes on so we can go to the emergency room.
Luther Johnson Britt III (02:29:40):
Where was Paitin when you went back to the bedroom?
Clerk (02:29:44):
She was still in the living room.
Luther Johnson Britt III (02:29:46):
With whom?
Clerk (02:29:47):
I don't know. I can't tell you if Lisa was holding her or by then Boo Boo was holding her.
Luther Johnson Britt III (02:29:52):
Okay.
Clerk (02:29:52):
I mean, David.
Luther Johnson Britt III (02:29:54):
So there came a point when you came out and you were dressed, y'all made a decision to go-
Clerk (02:30:00):
Go.
Luther Johnson Britt III (02:30:01):
... straight to the hospital?
Clerk (02:30:02):
Yes, sir. When that emergency call didn't come in, we weren't going to wait another ... 'Cause we didn't know how long it would be.
Luther Johnson Britt III (02:30:10):
Was that your idea or was it David's?
Clerk (02:30:13):
I think it was my son's.
Luther Johnson Britt III (02:30:14):
And was he holding Paitin?
Clerk (02:30:16):
Yes, sir.
Luther Johnson Britt III (02:30:17):
When he got into the car, did he continue to hold her?
Clerk (02:30:20):
Yes, sir.
Luther Johnson Britt III (02:30:21):
And he rode in the front seat beside you?
Clerk (02:30:23):
Yes, sir.
Luther Johnson Britt III (02:30:23):
Did you see him doing anything with Paitin?
Clerk (02:30:27):
I remember him, like, at one time I told him I kept my eye on the road, but I remember looking over here and giving him mouth-to-mouth. He was giving her mouth-to-mouth 'cause that's when she defecated and he said, "Daddy, let's go." And that's when I hit 160.
Luther Johnson Britt III (02:30:44):
So you were aware that she had lost control of her bowel?
Clerk (02:30:49):
Yes, sir.
Luther Johnson Britt III (02:30:52):
When you got to the hospital, were David's clothes wet or dry?
Clerk (02:30:58):
They was wet to where she lost control of her body fluids.
Luther Johnson Britt III (02:31:04):
And so you dropped David ... You pulled into the ambulance bay, David gets out and he bangs on the door?
Clerk (02:31:13):
Yes, sir. And I take my car and I drive around to the parking lot and I come through the front door.
Luther Johnson Britt III (02:31:18):
So David is the one who rushes her into the emergency room?
Clerk (02:31:21):
Yes, sir.
Luther Johnson Britt III (02:31:25):
When you came in to the lobby of the ER-
Clerk (02:31:29):
Yes, sir.
Luther Johnson Britt III (02:31:31):
Paitin was not in the lobby, was she?
Clerk (02:31:33):
No, sir. She was back in one of those rooms in the back.
Luther Johnson Britt III (02:31:37):
David was in the lobby?
Clerk (02:31:39):
I think he was in the room back there. When I got back there, I think he was in the room and I was in the room and they kicked us both out the room saying, "You know what I mean? There ain't enough room to get to work on her."
Luther Johnson Britt III (02:31:51):
And so did you stay in the lobby or did you go outside? What'd you do?
Clerk (02:31:55):
I think I stayed in the lobby for a minute and then I went outside and smoked me a cigarette, waited for Lisa to get there, and I think we came, me and Lisa and them came back in together.
Luther Johnson Britt III (02:32:04):
Did you ask David if he knew what was going on with her?
Clerk (02:32:08):
No, sir. I don't think so. Oh, we had a doctor come ... After Lisa came in there, we had a doctor come out there and that's when he told us that we had a very sick girl, but they got the seizures under control, but she was going to have to go to New Hanover.
Luther Johnson Britt III (02:32:25):
'Cause she needed greater care?
Clerk (02:32:28):
Greater care, which I didn't think it must have been that bad since it took two and a half hours for the ambulance to get there, 'cause when I went to take Boo Boo home so he could change his clothes, they were sitting right there at Shell's getting them some food and a cup of coffee. And when I come back, they were still sitting at Shell's.
Luther Johnson Britt III (02:32:50):
And so you took David home, he changed his clothes. Did y'all leave to go back to the hospital together?
Clerk (02:32:59):
Yes, sir.
Luther Johnson Britt III (02:33:02):
Yes or no, was there any conversation between you and David while you were going back to the hospital?
Clerk (02:33:07):
I don't think so.
Luther Johnson Britt III (02:33:12):
And at some point, did anyone at New Hanover come out and speak to you, Lisa, and David about Paitin's condition?
Clerk (02:33:26):
Nothing but the doctor.
Luther Johnson Britt III (02:33:29):
At New Hanover?
Clerk (02:33:29):
Yes ... No, no. At-
Luther Johnson Britt III (02:33:30):
[inaudible 02:33:32].
Clerk (02:33:31):
They wouldn't let us have nothing to do with her in New Hanover. We couldn't go nowhere around her. Only as far as we could get was in the parking lot.
Luther Johnson Britt III (02:33:41):
So you weren't even allowed inside the building?
Clerk (02:33:43):
No, sir.
Luther Johnson Britt III (02:33:45):
Did Detective Leatherwood come to New Hanover?
Clerk (02:33:48):
Yes, sir. He put us in the interview room, and that's when I told him, I said, "When she wakes up, she can tell you what in the world is going on."
Luther Johnson Britt III (02:33:58):
Were you interviewed by Leatherwood by yourself?
Clerk (02:34:01):
Yes, sir.
Luther Johnson Britt III (02:34:01):
Was Lisa?
Clerk (02:34:02):
I think she was in there. I think she's the first one they took back there.
Luther Johnson Britt III (02:34:08):
Okay. Was David interviewed there?
Clerk (02:34:09):
I can't remember Mr. Leatherwood.
Luther Johnson Britt III (02:34:12):
Was David upset?
Clerk (02:34:15):
Of course he was.
Luther Johnson Britt III (02:34:17):
Was he crying?
Clerk (02:34:19):
Yeah. We were all emotions. I was in the parking lot begging God to take my life. I've been here 50-some years. The stuff I've done, I don't deserve to live, you know.
Luther Johnson Britt III (02:34:34):
And so when you returned home from New Hanover, was David at the house?
Clerk (02:34:39):
Yes, sir. Him and his friend, Jamie.
Luther Johnson Britt III (02:34:44):
Eventually, did David leave with Jamie or did he remain there at home?
Clerk (02:34:48):
He remained there. We was all there.
Luther Johnson Britt III (02:34:52):
And to your knowledge, did he spend the night there that night or did he go to-
Clerk (02:34:55):
'Cause I remember a couple of cops just getting-
Judge Ricardo Jensen (02:34:57):
Hold on, sir.
Clerk (02:34:58):
I'm sorry.
Judge Ricardo Jensen (02:34:58):
Wait for him to be done-
Clerk (02:34:59):
Yeah. I'm sorry.
Judge Ricardo Jensen (02:35:00):
... before you start talking.
Clerk (02:35:01):
Yes, sir.
Luther Johnson Britt III (02:35:01):
Did David spend the night, Monday, at home with you and Lisa, or did he go somewhere else?
Clerk (02:35:09):
I can't remember [inaudible 02:35:12].
Luther Johnson Britt III (02:35:25):
Okay. All right. Thank you. I don't have any other questions at this time.
Mr. Smith (02:35:27):
Redirect, just briefly. You just said that you've done stuff you've done, you don't deserve to live. What'd you do?
Clerk (02:35:34):
Yeah, I was mean when I was young. I used to fight all the time.
Mr. Smith (02:35:37):
Did you ever hurt children?
Clerk (02:35:38):
No.
Mr. Smith (02:35:38):
Okay. [inaudible 02:35:42].
Clerk (02:35:41):
That's two things I don't mess with.
Mr. Smith (02:35:42):
I have no further questions.
Judge Ricardo Jensen (02:35:42):
Okay.
Clerk (02:35:42):
Can I-
Judge Ricardo Jensen (02:35:42):
No. Questions done.
Clerk (02:35:42):
Oh.
Judge Ricardo Jensen (02:35:42):
Any recross?
Luther Johnson Britt III (02:35:42):
No, sir.
Judge Ricardo Jensen (02:35:42):
Is this subject to recall?
Mr. Smith (02:35:42):
Yes, sir.
Judge Ricardo Jensen (02:35:51):
All right, sir, you're still subject to the obligation of your subpoena, so that means if they call you again to testify, you have to come back and testify.
Clerk (02:35:58):
Okay.
Judge Ricardo Jensen (02:35:58):
Okay?
Clerk (02:35:58):
Yes, sir.
Judge Ricardo Jensen (02:35:58):
All right.
Clerk (02:35:58):
Thank you.
Judge Ricardo Jensen (02:35:58):
Thank you, sir. [inaudible 02:36:01].
Clerk (02:35:58):
Oh, you don't shake. Okay. I'm sorry about that.
Speaker 7 (02:35:58):
Move this chair. Please come this way. Watch your step, sir.
Clerk (02:35:58):
[inaudible 02:36:09].
Speaker 7 (02:35:58):
Mm-hmm. [inaudible 02:36:12] exit the [inaudible 02:36:13].
Clerk (02:35:58):
All right. All right. Right through here?
Speaker 7 (02:35:58):
[inaudible 02:36:16].
Judge Ricardo Jensen (02:37:09):
All right. Counsel can approach. All right, members of the jury, there's a bit of a sickness going around. So what we're going to do is we're going to break for the day, allow you an extra little bit of time for the weekend. So go ahead and close up your notebooks. Go ahead and take off your red badges, pin them to your notebooks. Now, as you go home for the weekend, remind you again, do not discuss this case amongst yourselves and do not discuss this case with anybody else. There may be more people that you interact with this weekend than you interacted with during this week. Those people are also going to be curious, and you are also going to have to explain to them that you are forbidden from speaking with them about this case. You are also forbidden from having any contact with any of the parties, attorneys, or witnesses.
(02:38:02)
You cannot conduct any independent investigation or inquiry. If you happen to go by any of the locations that were mentioned, you may pass by them, but you are not allowed to stop. Obviously, if there are any emergencies that require you to go to the hospital, you may do so, but not to conduct any independent investigation. You're not to post online on any social media sites regarding your experience as a juror or any of the evidence you've seen or heard. You're also not allowed to have anybody discuss this case in your presence. So you are excused. We will reconvene again Monday morning at 9:30. Thank you.
Speaker 7 (02:38:39):
Thank you, Your Honor. Make sure your notebooks are closed once again and your juror badge is attached the same way as those in your chairs and ready front row, then back this way, please.
Speaker 9 (02:38:47):
[inaudible 02:39:03].
Speaker 8 (02:38:47):
The court is still in session.
Judge Ricardo Jensen (02:39:06):
Quiet in the courtroom, please. Ma'am, quiet in the courtroom.
Speaker 10 (02:39:22):
Okay.
Speaker 11 (02:39:22):
[inaudible 02:39:22].
Speaker 8 (02:39:22):
The jury's left the courtroom.
Judge Ricardo Jensen (02:39:23):
Thank you, sir. Let the record reflect that the jury has exited the courtroom. We had, there were a number of bench conferences. First was Mr. Britt's concern regarding our poor clerk. He definitely was not feeling very well. We had another one just before the jury broke that I indicated that we were just going to break for the remainder of the day, given the sickness that might be going around. The bailiff with the jurors came up and approached me. He said a juror had asked him about asking the bailiff questions regarding the trial. I'm going to have him come back in and explain that on the record just so that we all know exactly what was asked. As far as this session is concerned, it is the Friday after the Monday in which this trial calendar had begun.
(02:40:25)
The session not having concluded during the pendency of this week. Court retains jurisdiction regarding this case and any other matters on the trial calendar, and we will continue the matter through next week or until its conclusion. And I'll enter an order extending the session. Is there anything that we need to discuss on behalf of the state while we're waiting for the bailiff to come back in?
Mr. Smith (02:40:53):
No, Your Honor.
Judge Ricardo Jensen (02:40:54):
On behalf of the defense?
Luther Johnson Britt III (02:40:57):
No, sir.
Judge Ricardo Jensen (02:40:57):
All right. If you want to just let him know that as soon as he's ready to come back in the courtroom. Thank you.
Speaker 12 (02:41:03):
May I approach to return exhibits?
Judge Ricardo Jensen (02:41:03):
You may.
Speaker 7 (02:41:03):
[inaudible 02:41:04].
Judge Ricardo Jensen (02:41:07):
We'll go ahead and go off the record.
(02:41:28)
Mr. Bailiff, you indicated that a juror had asked you a question. Can you explain that question again?
Speaker 7 (02:41:34):
Yes. Juror number eight was asking in reference to the proceedings outside of the courtroom setting, would he be able to ask me any questions?
Judge Ricardo Jensen (02:41:46):
And you indicated-
Speaker 7 (02:41:46):
Would-
Judge Ricardo Jensen (02:41:46):
... no.
Speaker 7 (02:41:47):
No.
Judge Ricardo Jensen (02:41:48):
Okay.
Speaker 7 (02:41:48):
And then I immediately informed you of same, Your Honor.
Judge Ricardo Jensen (02:41:51):
All right. Thank you. Anything you wish to say regarding that, Mr. Britt?
Luther Johnson Britt III (02:41:55):
No, sir.
Judge Ricardo Jensen (02:41:56):
Mr. Smith?
Mr. Smith (02:41:58):
No, Your Honor.
Judge Ricardo Jensen (02:41:58):
Okay. Thank you, sir.
Speaker 7 (02:41:59):
Thank you, Your Honor.
Judge Ricardo Jensen (02:42:02):
All right. Then we will go ahead and be in recess until Monday morning at 9:30. If the parties here can remain and if we can go off audio and the video. Anybody-
