Day 9

Episode Transcript

Speaker 1 (00:04):
The morning.

Speaker 2 (00:07):
You maybe all right?

Speaker 3 (00:12):
So we are here again today to continue the trial
of the matter of State of Connecticut versus Royal Valley
and the ad German. Yesterday the defendant, mister Valley was
on the stand, so I would ask mister Valley at
this time to please take his place on the stand. Also,
if you'd please place your appearances on the record for purposes.

Speaker 4 (00:32):
Of the space record.

Speaker 2 (00:34):
Good morning, mar for the State of Connecticut. Good mornings
of Connecticut.

Speaker 3 (00:39):
Mister have a seat. I just want to remind you,
do you remain remember the obligations.

Speaker 4 (00:44):
Of the Earth that you took twenty first cent for
the stand.

Speaker 5 (00:46):
Thank you morning.

Speaker 1 (00:48):
You're Kevin Smith for the defendant, mister Valley.

Speaker 2 (00:50):
Good morning.

Speaker 3 (00:50):
Is there anything that needs to be addressed by the
court before bringing the journey in this morning?

Speaker 2 (00:54):
I don't believe so your not from the defense.

Speaker 3 (00:56):
You're hon so, Attorney Smith. You were in the middle
of your direct examination. I'll read it to you or
defer to you as to whether or not you would
like to be standing at the podium or take the
podium at the time the jury presents.

Speaker 2 (01:09):
I'll go ahead and take.

Speaker 3 (01:13):
So I just want to address with the attorneys before
we bring the jury in, I do intend to first
give the jurors an idea of what the schedule looks like,
and I just want to make sure that I confirm
that with all of you. So it's my understanding that
informal conference we left it at today we will complete

(01:35):
I believe the state's case, so I anticipate the state
will rest sometime today. Does the defense excuse me? Does
this ste anticipate any rebuttal.

Speaker 2 (01:44):
At this time? No, your honor, So if in.

Speaker 3 (01:47):
Fact there is no rebuttal, then we would be off tomorrow,
so there would not be any court session tomorrow on
this particular trial, and then I would anticipate we would
have closing arguments as well as the courts jury charge

(02:07):
on Wednesday, that excuse me, Thursday, and so that would
be July third. We can conduct the charging conference on
the record in the morning on the third as well,
and then obviously no core on the fourth. Deliberations I
would assume would at least be able to start on

(02:27):
Thursday the third, and if we need to go into
extra days, the next time we would reconvene would be
on July seventh.

Speaker 4 (02:35):
Which would be the following Monday. So that's the schedule
that I'm going to provide the jury.

Speaker 1 (02:40):
Thank you, thank you, Thank you.

Speaker 4 (02:45):
Gentlemen. Jury, welcome back, good morning, Thank you.

Speaker 3 (02:49):
I would ask counsel to stipulate to your return stay.

Speaker 1 (02:53):
Will stipulate your defense will stipulate that, right, ladies.

Speaker 3 (02:56):
And gentlemen, before we command the proceeedings. I just wanted
to give you an idea of your into.

Speaker 6 (03:02):
The schedule is going to look like, because I am
trying to keep you informed. I know that I said
I would do that. Sometimes it to get difficult, and
I apologize. However, I anticipate that today the defense will rest.
I do not know whether or not won't have any
rebuttal on behalf of the day. I don't anticipate any
at this time that would change. So I do believe

(03:26):
today will not be a full.

Speaker 4 (03:27):
Day, perhaps a half day at best of evidence.

Speaker 3 (03:32):
Once the evidence closes, of course, you still need to
hear the closing arguments as well as the jury instructions
as to how to apply to lodge and if actually
find us the jurors in this particular case, we will
not be in session tomorrow, so there would not be
court for this trial tomorrow. That would bring us to

(03:54):
July third for closing arguments the jury charge to you,
and then commence spend of your deliberation. At that point
in time, we are not in session on July fourth, so.

Speaker 6 (04:07):
If additional time is needed, then you'll be told that
you'll take.

Speaker 4 (04:10):
As much time as you need for your deliberations.

Speaker 6 (04:14):
So if additional time is needed, then I would be
back to reconvene with deliberations on Monday, July seventh, Okay.

Speaker 4 (04:21):
Until of course, and it would be day to day until, of.

Speaker 3 (04:24):
Course, the jury indicates to the point that they are
done with their deliberations.

Speaker 4 (04:29):
Okay. So I just wanted to give that information to
you now.

Speaker 6 (04:32):
So if we have a morning recess and you need
to reach out and adjust your schedules at all, you'll
have an ability to do that, and you know what
the rest of the week looks like. So thank you
so much with that. When we drew yesterday, mister Valley
was on the stand marks direct examination on behalf of
the defense. I am going to at this point in
time direct Attorney Smith to continue on with that direct examination.

Speaker 2 (04:56):
Thank you.

Speaker 1 (04:58):
Good morning, mister Belly. I'm going to remind you again
you got to keep your voice up. You are soft spoken.
We are competing with the fans, but everybody's got to
hear you. Okay, yes, okay. So yesterday when we were
here and we left off, I believe you had taken
us to the front lawn of forty three Laurel Glenn Drive.

(05:21):
Do you recall that, yes, and you were describing for
us the scene there on that front lawn as you
and mister da Silva walked up to a group of
individuals that had come out of the house. Do you
recall that, yes, okay, And I believe that you had
told us just shortly before we dispersed for the day

(05:44):
that you thought there were about ten people facing you
and about ten people facing mister d Silva.

Speaker 7 (05:52):
Do you recall that, Yes, but I'd say it was
around fifty kids altogether.

Speaker 1 (05:59):
Fifty kids all together. Other yes, were you counting them?
How can you be sure that there were fifty kids?

Speaker 5 (06:03):
I wasn't able to see behind them because there were
so many people.

Speaker 1 (06:07):
It felt to you like there were fifty kids. Yes,
but you weren't counting fifty kids. Do you recall how
many kids? Do you call? Yesterday you had described for
us that there were essentially two groups that started to form,
one that was dealing more with mister d Silva and
one that was dealing more with you. Yes, And how

(06:28):
far away were you from mister d Silva at that point.

Speaker 5 (06:33):
Once the two groups started forming?

Speaker 7 (06:36):
It was hard to say how far Tyler was for me,
I want to say five or six feet okay.

Speaker 1 (06:44):
And you had described that he was trying to have
some sort of a conversation with somebody that he was
dealing with. Do you recall that, Yes, were you trying
to have a conversation with anybody? What were you doing
at that point?

Speaker 5 (06:55):
Yes, I was trying to have a conversation with Ryan Hines.

Speaker 1 (07:01):
Ryan Hines was one of the people that was facing you.

Speaker 5 (07:04):
Yes.

Speaker 1 (07:05):
How many other people do you remember that you were
dealing with in the group that was facing you?

Speaker 7 (07:14):
After they separated into two groups, I want to say
there was around twenty five to twenty people just on me.

Speaker 1 (07:22):
And where were they positioned?

Speaker 7 (07:25):
First they were just in front, and then once they
made the two separate groups, they were on both sides
and in front of me.

Speaker 1 (07:35):
You know what I mean?

Speaker 2 (07:37):
Thank you?

Speaker 5 (07:40):
Yeah?

Speaker 1 (07:40):
I put back up there for US States Exhibited fifty
two behind you on the easel. Where do you recall
standing as this group starts to form around you? Did
you see anybody around the red bush everywhere? Could you

(08:06):
see anybody moving around behind the red bush?

Speaker 8 (08:11):
Okay?

Speaker 1 (08:13):
When you described being surrounded by this group that's facing you,
were there some kids that were dealing with you more
directly than the larger group.

Speaker 7 (08:26):
Once they separated us into two groups, everyone was saying stuff.

Speaker 1 (08:32):
You've described interacting with Ryan Hines.

Speaker 5 (08:36):
Yes, was he.

Speaker 1 (08:41):
Separate from the larger group in some way that you
were dealing directly with him? Tell us how that worked.

Speaker 5 (08:48):
He was just the person that I was talking to.

Speaker 7 (08:50):
There was people shoulder to shoulder with him right next
to him on my sides, But he was the one
that I started talking to directly.

Speaker 1 (08:57):
Was he closest to you?

Speaker 5 (09:00):
They were all the same distance from me.

Speaker 1 (09:01):
How far away from you were that.

Speaker 2 (09:05):
Not even if.

Speaker 1 (09:07):
That close to you? Y And I ask the witness
to demonstrate with me what he was experienced at that point.

Speaker 3 (09:16):
If the witness is comfortable demonstrating, that's fine, Just please
keep it in the way, thank you.

Speaker 8 (09:23):
But will you come down here with your valley please?

Speaker 5 (09:25):
Please?

Speaker 4 (09:26):
If there's going to be any statements, Just make sure
that you're keeping your voice up so the microphones can
catch your still.

Speaker 1 (09:33):
If I'm you, where is Ryan Hines right here? And
is Ryan Hines as the same size as you? Okay,
and you're Ryan Hines? What is he doing? At some point?

(09:58):
Does he do something else?

Speaker 2 (10:00):
What? After he starts yelling?

Speaker 8 (10:06):
I stuck my hand out as I was backing.

Speaker 2 (10:08):
Up from everybody, and he smacked my hand out.

Speaker 1 (10:12):
Where were the other people that you have said were
around him to my size in front of me?

Speaker 5 (10:18):
Ever?

Speaker 1 (10:20):
What did you do when he smacked your hand out?

Speaker 8 (10:23):
Started slowly.

Speaker 2 (10:26):
Trying that had.

Speaker 1 (10:29):
Taken stand as you began to try to back up?
What happened at that point?

Speaker 2 (10:36):
I got hit?

Speaker 1 (10:37):
Where did you get hit?

Speaker 5 (10:39):
I it was decided my head, I want to say,
but I couldn't really tell where.

Speaker 1 (10:44):
And when you say it was the side of your head,
could you tell which side?

Speaker 8 (10:48):
I only found out after?

Speaker 1 (10:51):
And how were you feeling at that point?

Speaker 2 (10:57):
Everything just went black?

Speaker 1 (10:59):
When you say everything went black, what's the next thing
that you remember?

Speaker 2 (11:06):
My face was in the ground.

Speaker 1 (11:10):
Could you see where Tyler de Silva was? What could
you see?

Speaker 2 (11:17):
Just ground?

Speaker 5 (11:19):
And people were just stop picking, kicking, and punching everywhere.

Speaker 1 (11:26):
Did you have the knife in your hand at that point?
Where was the knife?

Speaker 2 (11:30):
It was in my pocket?

Speaker 1 (11:34):
Could you see any way to escape?

Speaker 2 (11:37):
No?

Speaker 1 (11:37):
Did you try to get up?

Speaker 2 (11:39):
Yeah?

Speaker 1 (11:40):
Could you get up?

Speaker 2 (11:41):
No?

Speaker 1 (11:42):
Why not?

Speaker 2 (11:43):
It was just so many people any and just everywhere.

Speaker 1 (11:47):
What could you hear?

Speaker 2 (11:49):
They were yelling and.

Speaker 5 (11:53):
Just it was so weird. They were just yelling like
I can't even describe.

Speaker 1 (12:00):
H Did you hear anyone say yes, sir?

Speaker 2 (12:04):
I heard a whole bunch of things. I can't.

Speaker 1 (12:09):
Could you hear anything from mister de Silva? Could you
see the vehicle that you had arrived in? Jack Snyder's car?
Could you see any way to make an escape from
your position? Where were the other people that were kicking
you as you've described it?

Speaker 2 (12:30):
All around me, on top of me, behind me?

Speaker 1 (12:33):
Could you see who was on top of you? Could
you tell what the person or persons that were on
top of you were doing hitting me? Where were they
hitting you?

Speaker 5 (12:46):
My head, the back of my head, kicking at the
front of my face, my ribs.

Speaker 1 (12:54):
Did you get the sense that they were going to
let you up and let you go? What did you
do at that point?

Speaker 5 (13:03):
I went to cover my head in like a fetal position?

Speaker 1 (13:10):
Did that seem to have any effect? What did you
hope would happen if you went into the fetal position
they would stop? Did they stop? Put us there on
that lawn with you in the fetal position? What were
you feeling?

Speaker 5 (13:27):
Hopeless?

Speaker 2 (13:29):
Scared?

Speaker 5 (13:32):
Terrified?

Speaker 2 (13:33):
Why?

Speaker 1 (13:34):
Hopeless because they just weren't stopping. How were you feeling physically?

Speaker 2 (13:41):
What hurt happened?

Speaker 1 (13:44):
Did you lose consciousness.

Speaker 2 (13:47):
After the first hit? Yeah?

Speaker 1 (13:49):
What happened next?

Speaker 2 (13:52):
As I was in the fetal position the sides of
my head and the top of.

Speaker 5 (13:57):
My head, with my forehead and of the dirt.

Speaker 2 (14:02):
I was almost like hunched over.

Speaker 5 (14:05):
I had not reached in my pocket and grabbed the knife.

Speaker 1 (14:11):
What were you thinking when your hand touched that knife?

Speaker 2 (14:15):
I felt like the only thing that would help me.

Speaker 1 (14:18):
What were you seeing at that point around you?

Speaker 2 (14:21):
My face was in the dirt.

Speaker 5 (14:23):
I couldn't really see.

Speaker 2 (14:23):
I just felt nothing changed.

Speaker 1 (14:26):
Could you see, Tyler de Silva? Could you hear Tyler
de Silva? What could you hear?

Speaker 2 (14:32):
Still? Just the same screaming.

Speaker 1 (14:40):
Did the group give any indication that they were going
to stop or let you up? What happened next?

Speaker 2 (14:48):
After I took the knife out of my pocket.

Speaker 5 (14:51):
I started waving and just stabbing in every direction, just
flailing my arm around.

Speaker 1 (14:58):
Could you tell if you'd hit anything? Did that seem
to have any effect on the attack?

Speaker 2 (15:04):
No? It made me more scared.

Speaker 1 (15:07):
Why did it make you more scared?

Speaker 5 (15:10):
Change what they were doing, didn't stop it from doing anything.

Speaker 1 (15:14):
Were they still kicking you? Yeah? Was someone still on
top of you?

Speaker 2 (15:21):
Yeah? There were so many people.

Speaker 1 (15:23):
Were you able to get up at that point? What
happened next?

Speaker 5 (15:29):
I kept flailing my arm around, trying to get them
away from me.

Speaker 1 (15:36):
Were you aiming for anyone? Were you aiming for Ryan Hines?
You weren't trying to kill Ryan Hines? What about Tommy Connory?
You stabbed him four times in the leg. What were
you trying to do to Tommy Connery? Did there come
a time when it was just you and Ryan Hines

(15:58):
fighting one on one?

Speaker 2 (16:00):
No?

Speaker 1 (16:00):
Did there come a time when Tommy Connery separated you
from Ryan Hines and was just there with you one
on one? Standing up? Where were you the entire time
you were flailing? How were you feeling while you were
flailing around with that knife?

Speaker 2 (16:18):
More scared than before? Terrified?

Speaker 5 (16:22):
Just it didn't make him stop even though I was
flailing around a knife.

Speaker 1 (16:28):
Could you tell how many people were around you at
that point?

Speaker 2 (16:32):
Oh?

Speaker 1 (16:35):
What happened next?

Speaker 2 (16:38):
Some flashes?

Speaker 5 (16:39):
But I just remember getting shoved into the car.

Speaker 1 (16:48):
Did there come a point where you were able to
stand up? How did you get shoved to the car?

Speaker 5 (16:52):
I remember while I was in the fetal position and
like flailing my arm around. Ah, I was I like
rolled on the back of my heels and tried to.

Speaker 1 (17:04):
Jump backwards, tried to jump backwards. Can you show us
what you're talking about? You come down here for the jurors.

Speaker 8 (17:17):
Yeah, so I was like.

Speaker 5 (17:21):
This okay, and push myself backwards.

Speaker 2 (17:26):
What happened? It didn't work?

Speaker 1 (17:28):
What do you mean it didn't work?

Speaker 8 (17:30):
There was people behind me.

Speaker 1 (17:31):
And there was nowhere were the people over top of you?
What do you remember that?

Speaker 2 (17:36):
Being like scared?

Speaker 1 (17:41):
Take the stand again place? So there came a time
when you were able to stand up? Do you recall that?

Speaker 2 (17:47):
No? I just remember somehow I got thrown into the car.

Speaker 1 (17:51):
You got thrown into the car?

Speaker 2 (17:53):
Okay?

Speaker 1 (17:55):
Could you see Tyler de Silva at that point?

Speaker 5 (17:58):
At one point when I was at the car, I
looked over and I saw Tyler de Silva.

Speaker 1 (18:05):
And what did you see Tyler de Silva doing?

Speaker 2 (18:09):
It? Was also on the ground getting beat on.

Speaker 1 (18:14):
Could you tell how many people were beating him while
he was on the ground.

Speaker 2 (18:20):
I can't give a number.

Speaker 1 (18:23):
And do you recall how many people were around you
when you got shoved into the car? As you've described it?

Speaker 5 (18:31):
As soon as I looked back, the first thing I
was looking for was Tyler.

Speaker 1 (18:36):
Okay, did you see any of the people that had
just been attacking you?

Speaker 2 (18:41):
Yeah?

Speaker 1 (18:42):
Where were they?

Speaker 7 (18:43):
Right on the edge of the lawn, on the curb,
somewhere on the street going back?

Speaker 1 (18:48):
Did you see Ryan Hines anywhere? Did you know Tommy
Connery before this? Did you know Ryan Hines before this?
Did you know Face on Teal before this?

Speaker 2 (19:00):
No?

Speaker 1 (19:04):
Did you know Jimmy McGrath before this?

Speaker 5 (19:06):
No?

Speaker 1 (19:07):
You say you remember getting shoved to the car. Did
you make it to the car eventually?

Speaker 2 (19:11):
Yeah?

Speaker 1 (19:12):
And what did you do when you were at the car?

Speaker 5 (19:15):
As soon as I looked for Tyler and I saw
him getting beat on?

Speaker 1 (19:22):
What was Jack Snyder doing?

Speaker 2 (19:24):
Nothing?

Speaker 1 (19:26):
Did he say anything? When you went to the car?

Speaker 5 (19:28):
I didn't even open the car door all the way.

Speaker 1 (19:33):
Why didn't you just get in that car and leave.

Speaker 5 (19:39):
I saw my best friend and somebody that looked nobody
was helping him.

Speaker 1 (19:45):
How did you feel?

Speaker 2 (19:49):
It's still terrible, but I couldn't just let him be
there alone. I felt like I had to say.

Speaker 1 (19:56):
Did you think that Jack Snyder was going to wait
for you if you went back in there?

Speaker 2 (20:00):
Objection as to what Jack Snyder was going to do?

Speaker 1 (20:04):
Did you have any indication that Jack Snyder was going
to wait for you? You didn't open that door at
that point and take out that knife and then go
back and stab those poor kids. You already had that
knife when you had been attacked on the lawn the
first time. Yeah, are you sure about that?

Speaker 2 (20:26):
Positive?

Speaker 1 (20:27):
You weren't upset that you had been attacked and went
back to get that knife. Had you known about that
knife being in the car prior to that evening? When
you got back to that car. You didn't get back
into the car, right, Why didn't you just go running

(20:49):
off back down the street, back down Farmhouse Lane towards
towards or down Laura Land towards Farmhouse.

Speaker 2 (20:56):
I just trying to live. Why not? He was my
best friend?

Speaker 5 (21:03):
What did him like a brother?

Speaker 2 (21:06):
What kind of mean, would I to just leave him there?

Speaker 1 (21:10):
What did you worry might happen to him if you
left him?

Speaker 2 (21:13):
If he was in the same situation as me. I'm
an objective cultural speculation as to what would happen to Tyler?

Speaker 4 (21:20):
Assistent?

Speaker 1 (21:22):
What were you worried about if you left and ran
down to the end of Laurel Glen and Farmhouse Lane.

Speaker 2 (21:32):
That Tyler wouldn't have made it out of there?

Speaker 1 (21:35):
What happened next?

Speaker 2 (21:39):
I found myself right on the edge of the grass
and the curb.

Speaker 1 (21:47):
How did you get there?

Speaker 2 (21:50):
I just remember being there. I think I ran over.

Speaker 1 (21:56):
What did you see when you got there?

Speaker 2 (21:58):
Just another wall of people?

Speaker 1 (22:03):
Did you see Tyler de Silva? Did you cross paths
with Tyler de Silva?

Speaker 2 (22:09):
Good death?

Speaker 1 (22:12):
You say another wall of people? Did you see mister
Hines who had been on top of you before?

Speaker 5 (22:18):
I think so?

Speaker 1 (22:20):
Did you recognize any other people that you saw there?

Speaker 7 (22:25):
I saw a lot of people I didn't recognize, but
I saw Matt Lakovich.

Speaker 1 (22:30):
How did you know Matt Lakovic?

Speaker 5 (22:32):
I've seen him in other parties before.

Speaker 1 (22:36):
Did you go to school with Matt Lakovich? Did do
you know if he was older or younger? Than you
or the same age.

Speaker 2 (22:45):
I believe we were the same age.

Speaker 1 (22:49):
Are you and Matt Lakovich the same size?

Speaker 2 (22:52):
No?

Speaker 5 (22:53):
It was way bigger than it.

Speaker 1 (22:55):
How did you feel at that moment?

Speaker 2 (23:00):
I felt like the same thing was going to happen again.

Speaker 1 (23:05):
Why didn't you just turn around and run back to
the car.

Speaker 2 (23:09):
There was no way I was going to be able
to turn my back on that many people.

Speaker 1 (23:12):
Why not?

Speaker 2 (23:16):
I was just there was no way to turn around.
What happened really about to hit me or knocked me
down or something?

Speaker 1 (23:28):
Did they give any indication that they were backing off?
Did they start to back away from you as you
stepped onto the lawn?

Speaker 2 (23:35):
No, they stepped closer.

Speaker 1 (23:38):
Where did you see people?

Speaker 2 (23:42):
It was almost like like like a u butt wider.

Speaker 1 (23:51):
Like a horseshoe.

Speaker 8 (23:52):
Yeah.

Speaker 1 (23:56):
Were there people to your right, yeah, the people in
front of you. Did they give you any indication that
they were just going to let you go? What did
they do?

Speaker 2 (24:08):
They stepped closer and then I got hit?

Speaker 1 (24:11):
You got hit? Who hit you?

Speaker 5 (24:16):
Came from the left side?

Speaker 2 (24:17):
I don't know exactly who hit me?

Speaker 1 (24:20):
Where did they hit you?

Speaker 5 (24:23):
And right side of my head?

Speaker 1 (24:28):
What did they hit you with?

Speaker 2 (24:30):
I don't know them. I think their hand.

Speaker 1 (24:33):
How many people.

Speaker 5 (24:36):
I don't know. As soon as they hit me, I was,
I like fell and I swum.

Speaker 1 (24:45):
He told us before that you were wearing slides that night.
Were you still wearing the slides at this point? What
happened to the slides were gone?

Speaker 4 (24:57):
Just?

Speaker 1 (24:59):
Was it it wet on the grass that night?

Speaker 2 (25:02):
Yes?

Speaker 1 (25:06):
What else do you recall about being hit?

Speaker 5 (25:12):
I just remember immediately after I got hit and fell,
I swung.

Speaker 1 (25:19):
What were you swinging at anything? What were you aiming for?

Speaker 2 (25:26):
Anybody who was coming hit me?

Speaker 1 (25:28):
Did Matt Lakovich hit you?

Speaker 2 (25:32):
I couldn't see who hit me.

Speaker 1 (25:33):
Did Jimmy McGrath hit you?

Speaker 2 (25:35):
I couldn't see who.

Speaker 1 (25:37):
When you swung that knife, did you feel it hit something?

Speaker 2 (25:40):
Oh?

Speaker 1 (25:41):
How were you feeling when you swung that knife?

Speaker 5 (25:45):
Immediately after I swung, I had one knee on the ground.
I slipped and I saw behind me.

Speaker 1 (25:57):
What did you see behind you?

Speaker 2 (26:00):
There was like a little hole and I try to
jump and run away.

Speaker 1 (26:05):
A little hole where.

Speaker 9 (26:07):
So I swore and like, I put my whole body
into it, and I like slipped on the grass while
my knee was down and faced backwards.

Speaker 1 (26:21):
Then I asked the witness to come down and demonstrate
this again. I think it's a little hard for me
to understand what we're being what's described.

Speaker 3 (26:28):
If the witness feels comfortable doing that, Do you feel
comfortable getting out of the witness spots and demonstrating this again?
Please make sure to keep your voices up. I want
to make sure that we capture any statement form.

Speaker 1 (26:39):
Of rapha you've described in your answers and interaction that
I find hard to follow. Do to show us what
you mean by swinging your knee going back? Demonstrate please
for us for business, So spending your man on the
dish like this?

Speaker 5 (26:55):
Everybody like this.

Speaker 2 (26:57):
Kind of venue?

Speaker 5 (26:58):
Did right?

Speaker 2 (27:00):
I'm like this okay?

Speaker 10 (27:03):
And I swum after I swum that ended up like
this facing backwards.

Speaker 1 (27:10):
When you say you're facing backwards, which way are you
facing now? Towards the road or towards the house? What
did you do next?

Speaker 2 (27:19):
I was on was in, I tried to like jump up.

Speaker 1 (27:23):
Did you go to stab anybody else? Did you go
to stab the mister McGrath? You went to jump up?

Speaker 8 (27:33):
Yeah?

Speaker 1 (27:35):
Did something prevent you from being able to jump up?
Or did you succeed in jumping up?

Speaker 8 (27:39):
As soon as I jumped up, I got hit again?

Speaker 1 (27:41):
Where did you get hit?

Speaker 8 (27:42):
On the left side of my head?

Speaker 1 (27:43):
Do you know who hit you? I believe Why do
you believe it was face on to you?

Speaker 5 (27:48):
Cause I remember seeing a big dark.

Speaker 2 (27:50):
Color on.

Speaker 1 (27:54):
What did you do next?

Speaker 2 (27:55):
I fell on my feet.

Speaker 1 (27:58):
In the street or on the curve?

Speaker 5 (28:00):
It's true.

Speaker 1 (28:03):
You say you fell on the pavement, did you What
did you feel?

Speaker 8 (28:06):
I scrapped my hands on the floor.

Speaker 1 (28:08):
Where on the pa Where did you scrape your hands?
The tops, the bottoms, the fingers, your palms. How are
you feeling at that point? Emotionally?

Speaker 2 (28:19):
Scare?

Speaker 1 (28:19):
Why you know?

Speaker 5 (28:22):
Once I was on the floor again, there's a chance
that they curls.

Speaker 2 (28:25):
Surrounded me again.

Speaker 1 (28:26):
Could you see Tyler de Silva? Could you see the
car that Jack Snyder was driving at that point? What
did you do next?

Speaker 5 (28:39):
I tried to blunch myself up again, and then I
dove towards the car.

Speaker 1 (28:45):
Where were the kids that had been in the lown
prior following you?

Speaker 2 (28:51):
Yeah?

Speaker 1 (28:52):
What happened next? I got in the car? Where did
you get in the car? The passenger seat front rear front,
different than the seat you had been in when you
went down to the house. Why did you get into
the front passenger seat?

Speaker 2 (29:09):
Responsible?

Speaker 1 (29:10):
Where was Tyler de Silva at that a car? Could
you see where Tyler di Silva was? What did Jack
Snyder do without Tyler di Silva in the car? How
did you feel when Jack Snyder did that? Did there

(29:33):
come a point when Tyler de Silva got in the car?
Did you have the knife in your hand at this point?
You put it back in your pocket? What did you
do with the knife when the knife was on the floor.
The knife was on the floor. You're saying floor. You
would agree there is no floor outside where you've been.
What do you mean by floor? Did you see where

(29:57):
it went? Did you I had to pick it back up?
Why not?

Speaker 8 (30:02):
I just wanted to get to the car.

Speaker 1 (30:07):
Did you see Tyler did Silva with the knife when
he got into the car.

Speaker 8 (30:10):
I didn't really look back.

Speaker 1 (30:13):
When Tyler d Silva got into the car. Did you
see him then?

Speaker 2 (30:17):
Yeah?

Speaker 1 (30:17):
What did he look like?

Speaker 5 (30:19):
His face was destroyed and he was holding his head
in his hands.

Speaker 1 (30:25):
Was he bleeding?

Speaker 2 (30:26):
Yes?

Speaker 1 (30:26):
Where all over his face?

Speaker 8 (30:30):
And I was drinking down.

Speaker 1 (30:33):
What was he doing? He was holding his head and
screening in pain and anger. Anger at the kids in
the yard, anger at you? Anger at who? Can we
see exhibit sixty?

Speaker 2 (30:52):
Please?

Speaker 1 (30:52):
Do we have it? I'm gonna watch exhibit sixty here,
mister Valley.

Speaker 2 (30:58):
Can we just see.

Speaker 1 (31:00):
Normal version?

Speaker 2 (31:05):
Young man? Pressure?

Speaker 1 (31:23):
Yah, mister Valley, you would agree that that video does
not show the initial punch that you've described to the
side of your face when the groups were standing up initially. Correct,
But you did see there at least one fight that's

(31:45):
going on on the ground. Correct. That's not you?

Speaker 4 (31:48):
Is it?

Speaker 1 (31:49):
Who's that? What was going on? While we see Tyler
da Silva being beaten on the ground there before we
see you back at the car.

Speaker 2 (32:01):
I was getting bet on?

Speaker 1 (32:04):
Could you see yourself in that video?

Speaker 2 (32:10):
In the beginning you can see people getting and attacking me.

Speaker 1 (32:14):
You can't see is that the splitting up of the
two groups that you've described. Yes, one state to as
we look at that the left of the screen, and
one went over to the right of the screen.

Speaker 5 (32:29):
Yes.

Speaker 1 (32:32):
And as this video ends, we see a figure that's
on the far right of the frame, but we don't
see you. Correct, where was that figure standing in relation
to the you or horseshoe shape that you've described on

(32:53):
the end? On the When you say the end, what
do you mean? Was there somebody to that person's left?
Was there somebody across the way from that person behind you?

Speaker 2 (33:11):
Yes?

Speaker 1 (33:12):
Did you know who that person was that was on
the far right that we can see there at the
end of the frame. Do you know now that that's
a person named Jimmy McGrath? You did not know him
that evening you've described getting back into Jack Snyder's car.

(33:33):
Tyler Silva gets into the car. How are you feeling
physically as you're sitting there in the car?

Speaker 5 (33:41):
I was in a lot of.

Speaker 1 (33:42):
Pain, pain where my head and.

Speaker 5 (33:48):
The main thing I was noticing was my ribs.

Speaker 1 (33:54):
What did what happened next? Did mister Snyder leave? Did
you remain STI there in that As.

Speaker 7 (34:00):
Soon as Tyler jumped in the back of the car,
he instantly took off.

Speaker 5 (34:06):
We started driving.

Speaker 1 (34:07):
Did you know where he was going at that point?
Did you care where he was going at that point?

Speaker 2 (34:14):
No? I just wanted to get out of there.

Speaker 1 (34:16):
And where did Jack Snyder drive the car?

Speaker 2 (34:20):
He was just driving straight? Then at one point I
told him to stop the car.

Speaker 1 (34:25):
Why did you tell him to stop the car?

Speaker 5 (34:27):
I wanted to check my ribs.

Speaker 1 (34:29):
You wanted to check your ribs?

Speaker 4 (34:31):
Yeah?

Speaker 1 (34:32):
Why couldn't you check your ribs just sitting there in
the seat because.

Speaker 5 (34:35):
I wasn't able to stand up and look at my
whole body.

Speaker 1 (34:40):
Did he stop the car?

Speaker 2 (34:41):
Yes?

Speaker 1 (34:42):
What did you do?

Speaker 2 (34:44):
Opened the door immediately got out and used a car light,
lifted up my shirt.

Speaker 1 (34:49):
Used what car light?

Speaker 2 (34:51):
As soon as you open the door of the car
light turns on.

Speaker 5 (34:53):
I was facing the car right in the when the
door turns lifted up my shirt, looked at myself and
then jump back in the car.

Speaker 1 (35:02):
I'm gonna be sure we understand this. And you say
you're using the car light. Do you mean the interior
car light or the headlights on the car?

Speaker 5 (35:09):
Interior car light?

Speaker 1 (35:11):
So you're facing into the interior of the car.

Speaker 2 (35:14):
Yes?

Speaker 1 (35:14):
And what do you do?

Speaker 2 (35:15):
Live them shirt? And look at my stuff?

Speaker 1 (35:17):
And what did you see?

Speaker 2 (35:19):
A bunch of bruises? What it fell way worse than
what it looked.

Speaker 1 (35:22):
Like as you're standing there. Did you take the knife
out of your pocket and throw it into the woods.

Speaker 2 (35:29):
I didn't have the knife at that point.

Speaker 1 (35:31):
You didn't have the knife at that point? Where was
the knife?

Speaker 7 (35:36):
To my understanding, it was on the pavement back over
a forty three lo o line.

Speaker 1 (35:44):
Did you make a plan to go back and get
the knife? Why not?

Speaker 5 (35:49):
I didn't want to go anywhere near that house.

Speaker 1 (35:51):
Did Jack Snyder indicate to you that he wanted his
knife back?

Speaker 2 (35:57):
No?

Speaker 1 (36:00):
What happened after you got out of the vehicle and
used the interior light to inspect your midsection.

Speaker 5 (36:08):
Lasted like a second or two and I jumped back
in the car.

Speaker 1 (36:12):
And what happened after you jump back in the car?

Speaker 5 (36:16):
Jack started driving?

Speaker 1 (36:18):
Did you know where he was going? How are you
feeling at that point?

Speaker 5 (36:24):
Still terrified in shock? And I looked down and I
was shaking.

Speaker 1 (36:30):
What was Tyler de Silva doing?

Speaker 5 (36:32):
He was still screaming at Jack and holding his hat.

Speaker 1 (36:35):
What was Jack Snyder doing?

Speaker 5 (36:38):
Nothing?

Speaker 1 (36:39):
Did there come a time when the car stopped again?

Speaker 2 (36:42):
Yes?

Speaker 1 (36:43):
Did you recognize where you were at that point?

Speaker 2 (36:46):
No?

Speaker 5 (36:47):
I just saw a car I recognized which was Mackenzie's
sister's car.

Speaker 1 (36:52):
Who is Mackenzie's sister.

Speaker 5 (36:53):
Maddison traffic Conte.

Speaker 1 (36:57):
And where was that that you saw her car?

Speaker 5 (37:01):
I just remember seeing it in the street.

Speaker 1 (37:04):
Was that a street that you recognized from earlier in
the evening? Or was this somewhere else.

Speaker 2 (37:10):
I can't remember.

Speaker 7 (37:11):
I just remember seeing the car and instantly wanted to
get out and go in that car.

Speaker 1 (37:16):
And what did Jack Snyder do at that point?

Speaker 2 (37:19):
Stop the car and let me out?

Speaker 1 (37:21):
And what did Tyler de Silva do at that point?

Speaker 2 (37:24):
I didn't turn around.

Speaker 1 (37:26):
I don't know what did you do?

Speaker 11 (37:29):
I went over and I got into Madison's car. Where
behind the passenger seat? Who else was in the vehicle
when you got in, Keenan and Dmitri Keenan Fraisik, yes,
Dimitri Arphanus, Yes, Will Sindwald. Will Sindwald was one of

(37:49):
the people that had come with you earlier in Jack
Snyder's car.

Speaker 2 (37:52):
Correct.

Speaker 1 (37:52):
Yes, he wasn't in Jack Snyder's vehicle when you got
out of it, And he wasn't in Madison's car when
you got into it. No, so in the vehicle at
that point, it's just you, Madison, Mackenzie, Keenan and Dmitri.

Speaker 2 (38:09):
Yes.

Speaker 1 (38:14):
Was the music on in the car?

Speaker 5 (38:15):
Yes?

Speaker 1 (38:17):
Were you texting in the group chat at that point?
What was Dimitri our fun is doing?

Speaker 2 (38:25):
I didn't look over.

Speaker 1 (38:28):
What was Keenan Frasik doing?

Speaker 2 (38:30):
As soon as I got in the car, and it
started driving.

Speaker 1 (38:34):
He was looking at me, he was looking at you. Yes,
what were you doing.

Speaker 5 (38:43):
Holding my head?

Speaker 1 (38:45):
What were you thinking?

Speaker 5 (38:48):
I was just in shock, scared.

Speaker 2 (38:53):
I didn't really know what to think.

Speaker 1 (38:56):
Did you call the cops?

Speaker 2 (38:58):
No?

Speaker 1 (38:58):
Why not?

Speaker 5 (39:00):
I was just terrified. I didn't even know what to do. Really,
what even happened?

Speaker 1 (39:06):
And where did the car go?

Speaker 5 (39:09):
Started driving to Keenan Frasier's house.

Speaker 1 (39:14):
What happened there?

Speaker 2 (39:15):
He and Dmitrie got out?

Speaker 1 (39:17):
He and Dmitri both got out at Keenan's house. Yes,
so now it's just you, Mackenzie and Madison in the car.

Speaker 5 (39:22):
Yes?

Speaker 1 (39:22):
And what's going on in the car? At that point?

Speaker 5 (39:25):
I think I knew my girlfriend was still upset, didn't
want to talk or anything.

Speaker 1 (39:34):
What were you doing?

Speaker 2 (39:36):
Hold in my head?

Speaker 5 (39:36):
And I'm looking at myself. I was just shaking. I
didn't even know what to do.

Speaker 1 (39:45):
Where did the car go?

Speaker 2 (39:46):
Then? We dropped my house in Milford?

Speaker 1 (39:50):
How long did that take?

Speaker 5 (39:53):
I can't remember.

Speaker 1 (39:57):
Did there come a time when you arrived at home?

Speaker 2 (39:59):
Yes?

Speaker 1 (40:00):
What did you do then?

Speaker 5 (40:02):
Before? I? Like, I opened my car door and I
asked Mackenzie to talk to her.

Speaker 1 (40:13):
Would she talk to you?

Speaker 2 (40:14):
Now?

Speaker 1 (40:16):
What did you do.

Speaker 5 (40:19):
I just walked up to my house.

Speaker 1 (40:22):
Was anybody home?

Speaker 2 (40:23):
Yes? Who?

Speaker 5 (40:24):
My mom and my little brother?

Speaker 1 (40:26):
And what were they doing?

Speaker 5 (40:27):
They were packing to go to Florida?

Speaker 1 (40:30):
What was their reaction when they sell you?

Speaker 5 (40:34):
My mom just started screaming and crying. My brother was
just like holding his mouth open.

Speaker 1 (40:40):
Did you explain how you'd been injured?

Speaker 5 (40:46):
At that point, I didn't really know what to say.
I couldn't even understand really what had happened, detail for detail.
I remember telling her and I got attacked by a
whole bunch of people. She just kept screaming and crying.

Speaker 1 (41:07):
What did you do?

Speaker 2 (41:08):
Then? I started crying, and then.

Speaker 7 (41:17):
I remember going upstairs to the bathroom.

Speaker 5 (41:21):
Just washing myself off.

Speaker 1 (41:27):
What time was this, I don't really know. Did you
go to sleep?

Speaker 5 (41:33):
No?

Speaker 1 (41:35):
What did you do?

Speaker 2 (41:39):
I was just my mom was panicking.

Speaker 5 (41:44):
And she asked me if I wanted to come to
Florida with her?

Speaker 1 (41:48):
What did you do? At that point?

Speaker 5 (41:50):
I said yes?

Speaker 4 (41:51):
Why?

Speaker 5 (41:53):
I just wanted to be close to my mom.

Speaker 1 (41:58):
Did you go to sleep at some point? Why not?
What made it so that you couldn't sleep?

Speaker 5 (42:06):
Everything the way I was feeling mentally and physically, just
there was no way I was going to be able
to sleep.

Speaker 1 (42:15):
What did you do?

Speaker 5 (42:17):
Everything was so fast. I think I packed like a
little backpack and then we left.

Speaker 1 (42:27):
Okay while you were packing, did anyone try to contact you?

Speaker 2 (42:32):
Yes? Who Makenzie my girlfriend at the time.

Speaker 1 (42:39):
She sent you some texts. Yes, we saw those texts
here those exhibits.

Speaker 5 (42:48):
Yes.

Speaker 1 (42:50):
How did it make you feel when you read those
texts as they were coming in from McKenzie?

Speaker 5 (42:57):
It just reminded me how I thought at the time
when she just texting me and stuff.

Speaker 1 (43:02):
I'm gonna show you what's been marked the State's Exhibit
ninety seven. Well, I'm gonna try okay, State's Exhibit ninety seven.
Do you remember those texts coming in? Yeah, she writes,

(43:22):
are you fucking serious? I hate you. Someone just called
me and said you stabbed someone. You just ruined everything.
Leto literally ruined everything for me? Answer the m phone, IDK,
what to do? Everyone is texting me. I want you
to read for us. What did you write back?

Speaker 5 (43:38):
I didn't do anything. I wasn't there. Stop texting anyone,
Stop answering, say he.

Speaker 1 (43:44):
States Exhibit ninety eight. She says, leto everyone knows who
you are. Everyone knows you're my boyfriend.

Speaker 2 (43:49):
What do you say?

Speaker 1 (43:50):
I know, Lido, everyone's texting me. What do you say?

Speaker 2 (43:54):
Stop answering? What happened?

Speaker 1 (43:58):
Don't talk to me?

Speaker 2 (44:00):
What do you say? Okay?

Speaker 5 (44:02):
Stop answering anyone?

Speaker 1 (44:04):
She says, you fucked up, Lito? What do you say?

Speaker 5 (44:06):
How I wasn't there?

Speaker 1 (44:11):
If my parents find out, Stay's Exhibit ninety nine. Stop
saying that, you say?

Speaker 4 (44:17):
What?

Speaker 2 (44:17):
Okay? Stop texting?

Speaker 1 (44:19):
Please, cats, I'm not texting anyone. What do you say?

Speaker 2 (44:23):
Don't text me. I'm going to Florida, She.

Speaker 1 (44:25):
Says, there texting me when Lito? I need you to
answer me. Please? What do you says? And she says,
I'm so scared? What's going on the State's Exhibit one hundred.
I'm shaking? She says, can you please tell me? I
won't tell anyone. I swear. What do you say?

Speaker 5 (44:39):
I can't text anything?

Speaker 1 (44:41):
She says, I'm so scared? And you say what?

Speaker 5 (44:44):
I wasn't there?

Speaker 1 (44:45):
She says, what's happening? And what do you say?

Speaker 5 (44:47):
No?

Speaker 2 (44:48):
I wasn't there.

Speaker 1 (44:52):
She says, I'm so scared, Lido, what's happening? Please answer me?
What do you said?

Speaker 2 (45:00):
Nothing is happening?

Speaker 1 (45:03):
States Exhibit one on one, she says, can you please
call me? Can you call me please when I get home?
And you say, what? Yes, she says Leado, His sister
just texted me. I'm so scared. I don't want to look.
What do you say?

Speaker 5 (45:17):
What did she say? Swipe it?

Speaker 1 (45:20):
She says, I DK, I'm so scared? And what do
you say?

Speaker 2 (45:22):
Don't answer anyone?

Speaker 1 (45:25):
How fast were those texts going back and forth, one
right after another? Were some of them coming in before
you could finish the other one? Yeah? What were you
thinking while you're writing those texts?

Speaker 2 (45:43):
Overwhelmed in shock? I just didn't want her to worry?

Speaker 1 (45:48):
Were you thinking you could concoct some sort of a
story that no one would know you'd been there?

Speaker 2 (45:52):
I'm objects leading?

Speaker 1 (45:56):
You knew you had been there? Did you not?

Speaker 2 (45:58):
Or objection?

Speaker 4 (46:00):
Was leading strike the answer.

Speaker 2 (46:05):
From the notes?

Speaker 1 (46:07):
Did you expect her to believe that you had not
been their objection?

Speaker 2 (46:12):
That calls for speculation as to what she would believe?

Speaker 1 (46:17):
You heard the question did you expect her to believe
that you had not been there?

Speaker 4 (46:23):
It goes to his expectations you love the No.

Speaker 2 (46:27):
I knew she knew I was there because she was
with me.

Speaker 1 (46:30):
Why did you say those things to her in that.

Speaker 5 (46:32):
Text panicking and I just didn't want her to worry
at all.

Speaker 1 (46:37):
At that point? Did you think that someone had died?
What did you do after this chain of texts?

Speaker 5 (46:47):
I remember trying to call.

Speaker 1 (46:48):
Tyler Tyler Dasilla. Why did you try to call Tyler
de Silva.

Speaker 5 (46:54):
See if he was okay? What was going on?

Speaker 2 (46:58):
Called them three times but he never answer.

Speaker 1 (47:01):
Have you spoken to Tyler di Silva since that night?
What did you do next?

Speaker 5 (47:07):
When when my mom we got in the car and
we drove to the airport.

Speaker 1 (47:12):
Where did you go Florida?

Speaker 2 (47:18):
Was that.

Speaker 1 (47:20):
The next day? May fifteenth?

Speaker 5 (47:21):
Yes?

Speaker 1 (47:24):
What did you do when you got to Florida?

Speaker 5 (47:27):
We were getting out of the airport and we were
going to a car rental, and uh, that's when I
found out what had happened.

Speaker 1 (47:41):
When you say what had happened? What did you find out?

Speaker 2 (47:44):
Like the injuries and stuff?

Speaker 1 (47:48):
What did you find out that's it? How did you
feel when you learned that?

Speaker 2 (47:54):
I kept saying, no way, like that's not possible.

Speaker 1 (47:59):
What did you do next?

Speaker 2 (48:04):
I went over to my mom and I.

Speaker 1 (48:06):
Told her, did you stay in Florida?

Speaker 2 (48:11):
Yeah? How long?

Speaker 5 (48:14):
Like the day?

Speaker 1 (48:16):
Maybe when did you return to Connecticut?

Speaker 2 (48:22):
Not sure a day or two?

Speaker 1 (48:24):
And did there come a time when you were contacted
by the police My parents.

Speaker 2 (48:31):
Were not me?

Speaker 1 (48:35):
And did you learn that the police were interested in
your parents are interested in you?

Speaker 2 (48:43):
Sick me?

Speaker 1 (48:45):
And what did you learn about why they had.

Speaker 5 (48:48):
Contacted you that somebody had passed away?

Speaker 1 (48:53):
Did you learn at some point that they had an
arrest weren't for you?

Speaker 2 (48:56):
Yeah?

Speaker 1 (48:59):
How soon after you got back to Connecticut did you
learn that?

Speaker 7 (49:04):
I can't remember. It seemed like four days or something
may have been shorter. I can't really remember.

Speaker 1 (49:10):
When you learned that they had an arrest want for you.
What did you do.

Speaker 5 (49:16):
At the time when it came out? I was sleeping?

Speaker 1 (49:20):
What time was that bed all other day? And what
did you do at that point?

Speaker 2 (49:28):
I woke up and I talked to my father.

Speaker 1 (49:33):
Did you make arrangements to turn yourself in?

Speaker 5 (49:38):
Yeah?

Speaker 1 (49:39):
Did you go and turn yourself in? Mister de Silva?
I am going to show you some exhibits I have
already been entered. There's been testimonies that these are from
May eighteen. You turned yourself in? Do you remember what

(50:01):
time you went down to the shelter? Need to turn
yourself in.

Speaker 5 (50:07):
I remember being really late at night.

Speaker 1 (50:12):
Did you go by yourself?

Speaker 2 (50:14):
Who was with you? My father?

Speaker 1 (50:18):
I'm gonna show you what's been marked as States Exhibit
thirty four. Do you remember this photograph being taken?

Speaker 2 (50:25):
Yeah?

Speaker 1 (50:26):
Where was that taken?

Speaker 5 (50:27):
I believe it was at the show and Police department.

Speaker 1 (50:30):
I'm gonna show you what's been marked as States Exhibit
thirty five. Is that taken at the same time.

Speaker 2 (50:37):
Yes, I'm gonna show you what's been.

Speaker 1 (50:39):
Marked as States Exhibit thirty six. That photograph also taken
at the same time.

Speaker 2 (50:46):
Yes.

Speaker 1 (50:48):
Can you see in there your eye, your what appears
to be your left eye.

Speaker 2 (50:54):
Yeah?

Speaker 1 (50:55):
And does that accurately reflect the injuries that you had
at that.

Speaker 5 (50:58):
Point that point?

Speaker 2 (51:00):
Yeah?

Speaker 1 (51:01):
And I'm going to show you what has been marked
a State's Exhibit thirty seven. Is that the back of
your head?

Speaker 2 (51:12):
Yeah?

Speaker 1 (51:13):
States Exhibit thirty eight, at the left side of the
back of your head.

Speaker 2 (51:20):
Yeah.

Speaker 1 (51:21):
And where do you recall getting hit that evening when
you were first encountering the people.

Speaker 5 (51:27):
On the lawn In the back of my head.

Speaker 1 (51:31):
I'm going to show you what's been marked as States
Exhibit thirty nine. Is that your right arm inside near
the elbow.

Speaker 2 (51:39):
Yeah.

Speaker 1 (51:40):
Do you recall how you got these one, two, three
scratches and some bruising. Did you have that before you
were on the lawn that night? No, I'm gonna show
you what's been marked as States Exhibit forty Is that
your right hand?

Speaker 2 (52:00):
Yeah?

Speaker 1 (52:01):
And how did you get this injury to the heel
of your right hand?

Speaker 5 (52:10):
I was trying to run back to the car and
I hit my hand slid on the pavement.

Speaker 1 (52:17):
This is State's Exhibit forty one. How did you get
this injury on the heel of your left hand.

Speaker 2 (52:27):
The same as the one on my right hand?

Speaker 1 (52:30):
Are you left handed or right hand? Ser?

Speaker 2 (52:32):
Right handed?

Speaker 1 (52:34):
I'm going to show you State's Exhibit forty two at
the top of your right hand, yes, And States Exhibit
forty three. Is that the top of your left hand?

Speaker 5 (52:45):
Yes?

Speaker 1 (52:47):
Did the police have approach you and ask you if
you wanted to perhaps talk to them in return for
an immunity agreement from prosecution?

Speaker 2 (52:54):
I'm an object cause for hearsay as to what the
police asked?

Speaker 4 (53:01):
An excuse the jerry for a moment. It calls for
yes or no response.

Speaker 2 (53:06):
The question is also inflammatory and it would also indicate
it you know, again, the defendant has a Fifth Amendment rights,
and there was testimony about the police going to try
to talk to him. So now that it's out, I
would submit that it's fair game for me to ask
him on cross examination whether or not he willfully went

(53:28):
to the police to tell him his side of the story,
which which he did not. So with regards to what
the police asked him, I think is hearsay. I think
the question can be posed without content in the question.
You know, you know, we can rephrase it without any
content in the question. If say yes or no answer,
then clearly it's leading as well.

Speaker 1 (53:47):
Jona, I could rephrase as whether or not he was
ever offered such an opportunity. Again, it calls certainly goes
to his knowledge.

Speaker 3 (53:57):
Okay, Triny Smith could be walking down a sleepery slope.

Speaker 5 (54:02):
With that your client is.

Speaker 3 (54:07):
Subject across examination. I don't know what the actions of
the police department were at this point in time, but
certainly it all allowed to state the opportunity to explore
if in fact there was such communication or any questions
or anything leading to such communication, un or the decision.

Speaker 1 (54:25):
So I understand again, I think that whether or not
he was ever offered such an agreement is fair game
as far as to ask the question, I don't intend
to go any further into it beyond that I am
not aware of any offers being made to him to

(54:49):
do so. To the extent that he was ever offered
an opportunity to come down and speak with the police,
I think that he can be asked about that.

Speaker 2 (55:00):
I would also submit that the police department is not
under the authority to offer him any type of agreement
with regards to that that comes from the State's attorney.
So with regards to that, if he had a conversation
with the State's attorney or this office, that would be
the appropriate question. Outside of that, when the answers no,
then there's nothing further to explore.

Speaker 4 (55:22):
So I want to be very clear here.

Speaker 3 (55:23):
So we're dealing with, first of all, all right to
remain silent, potentially a smaranda. We're also dealing with any
improper form of the question relative to who has the
authority to provide an immunity agreement. Obviously it would not
be the police who would provide the agreement. So if

(55:46):
it's relative to asking what the state police, kind of
what the State's Attorney's offer that's one thing the attorney
needs to be in the question, not the police. And
perhaps that's the appropriate way to get around the miranda,
right because.

Speaker 2 (56:04):
I can make it more general.

Speaker 3 (56:06):
We're talking about what the police questioned the defendant and
what was said, and they don't have to get into
whether or not the defendant was willing to focus right
from the sound or sea.

Speaker 1 (56:18):
I can make it more generally, your honor and simply
ask him whether or not he was ever offered the
opportunity to sign, or whether he was offered an immunity.
I could simply make it as well.

Speaker 2 (56:32):
Really general is that the question is inflammatory. I think
we need to lace up some type of foundation to
get there. The question needs to be posed, were you
ever Did you ever still speak to the state's attorney
with regards to investigation? No? I did not. The inquiry
ends there. It doesn't go any further about any immunity
agreement or any anything else. So the question is inflammatory.
It's it's being posed to inflame the jury's senses. At

(56:56):
this point. I think there's got to be a foundation
to even get there.

Speaker 1 (57:01):
He's here to testify your honor, and I could I
can simply ask him, are you here testifying today under
any immunity agreement.

Speaker 2 (57:11):
That's leading. So that's a leading question. So I'm here
testifying on my own behalf.

Speaker 1 (57:16):
Because a leading question is a question that it suggests
the answer. So if I wud say to you you, sir,
are not here today underneath an immunity agreement?

Speaker 2 (57:25):
Are you?

Speaker 3 (57:26):
It does call for YOUOSRA, but it's not leading. With
respective the response being contained in the question.

Speaker 4 (57:32):
I will allow that question.

Speaker 3 (57:34):
The states attorney's going to have an opportunity to cross examine. However,
the state's attorney should be very careful about approaching any title.

Speaker 2 (57:42):
I mean, this is opening post miranda inquiries now, because
now he's their rest. Warrant has been signed, he's entitled
to miranda warnings, and now we're being asked whether or
not we're approaching him or he's approaching us for some
immunity agreement post arrest.

Speaker 1 (57:56):
And I will withdraw that question in your honor. With
regard to the police officer, I will do that, and
i'll do that in the jurior's presence. But I do
think that it's fair for me to ask him, sir,
are you here today testifying under any immunity agreement.

Speaker 4 (58:10):
I don't see how that's passive examination.

Speaker 2 (58:12):
If you offered when you offered, Well, my concern now
is if that is the question. If that is the question,
I think it opens the door to any post miranda question.
Then that's all I'm saying. In other words, I should be.

Speaker 3 (58:24):
Able to let me get into that a little bit further,
Are you telling to pull it outside the presence of
the jury that you did offer an immunity moment, because
if you didn't, then it ends.

Speaker 2 (58:34):
There there was no such conversation. It never never was had.
So if the conversation was had with this defendant, then
it makes the find the subsequent question relevant. This question
is not relevant. It's just why are you here today?
I'm here to testify. That's it has nothing to do
with immunity.

Speaker 1 (58:52):
I think his incentive to be here and testify, and
whether or not he's testifying under an immuniate agreement is
fair game. Other witnesses have been here.

Speaker 2 (58:59):
I mean, best about it. The jury can infer he
now to or an immunity agreementcause he's charged with homicide
and three counts of assault. So really the question is inflammatory.
He's being prosecuted.

Speaker 1 (59:09):
He wasn't charged with five lazy broken?

Speaker 6 (59:12):
Okay, so that well stipulate on the record.

Speaker 5 (59:21):
Smith and Manson, Thank you.

Speaker 1 (59:23):
Question last question is withdrawn. Mister Balley. You're here today
testifying voluntarily. Yes, No promises, threats, anything like that have
been made against you.

Speaker 5 (59:40):
Now, are you like, are you asking if I was offered.

Speaker 2 (59:46):
The injection said it be stricken?

Speaker 3 (59:49):
But anything after yes, No, a response to the answer
is going to be stricken from evidence, it's non responsive.

Speaker 2 (59:59):
Thank you.

Speaker 1 (01:00:01):
Had you ever seen Jack Snyder's knife before that night?

Speaker 2 (01:00:03):
No?

Speaker 1 (01:00:04):
Have you ever seen Jack Snyder's knife since that night?
Had you ever used a knife as a weapon before
that night?

Speaker 2 (01:00:10):
No?

Speaker 1 (01:00:14):
Had you ever met Ryan Hines before that night?

Speaker 2 (01:00:15):
No?

Speaker 1 (01:00:17):
Had you ever met Faison Teale before that night? Have
you ever met Tommy Connery before that night? Had you
ever met Jimmy McGrath before that night? You told us
before that you knew some of the folks at that
party on social Do you remember telling us.

Speaker 2 (01:00:35):
That, I believe so? Yes?

Speaker 1 (01:00:39):
What in the world does that mean to know somebody
on social.

Speaker 2 (01:00:45):
On social gatherings like arties on social media.

Speaker 5 (01:00:55):
It's that kind of thing.

Speaker 1 (01:00:58):
Even these folks that you say you knew on social
did you feel like you knew them?

Speaker 4 (01:01:02):
Well?

Speaker 1 (01:01:04):
Now, did you want to kill any of those kids?
Did you want to hurt any of those kids? What
did you want to do when you were down there
on that ground and all those fists were punching you
and those legs were.

Speaker 2 (01:01:17):
Kicking you, get them away from me?

Speaker 1 (01:01:20):
Why did you use that knife that Jack Snyder gave you?

Speaker 2 (01:01:24):
I'm much object disaskedin answer at this.

Speaker 5 (01:01:26):
Point, so like the only thing that was gonna have
no good out of that situation.

Speaker 1 (01:01:35):
Thank you, mister Valley.

Speaker 2 (01:01:35):
Nothing further than you.

Speaker 4 (01:01:38):
Thanks and the jury. We are going to move into our.

Speaker 3 (01:01:41):
Recess, so we will have our morning fifteen and watch.

Speaker 4 (01:01:48):
For standing recess for books. Thank you really seated.

Speaker 2 (01:01:58):
Thank you.

Speaker 4 (01:01:59):
Ever, I'll ask mister Valley to please retake his position
in the stand.

Speaker 3 (01:02:05):
You do remain under the obligations of your owth okay.

Speaker 4 (01:02:11):
To reach farn of all of our jurors.

Speaker 1 (01:02:13):
Defense stipulates your own.

Speaker 5 (01:02:14):
Thank you.

Speaker 4 (01:02:15):
Attorney Durst to class examin.

Speaker 12 (01:02:18):
In fourteenth to twenty twenty two.

Speaker 2 (01:02:22):
You go to Lazybrook Road for a party, mendicant like
ourselves correct, Yes, thatd you to the right there in
the old miss football shirt.

Speaker 5 (01:02:31):
Yes, a light blue shirt. Yes, black pants with.

Speaker 2 (01:02:34):
The helmet on.

Speaker 5 (01:02:35):
Right, Yes, that's you.

Speaker 2 (01:02:38):
You said that you got there around what time. I
want to say, around nine or ten. Nine or ten
you were there for and you testified on direct examination
you were there for about an hour and a half. Correct.
People arrived at some point after an hour and a half. Correct. Yeah,

(01:02:58):
Ryan Hines and Griffin mar Sensic. You didn't know them
right now, but those are the two that showed up
at Lazybrook Road at that point, right, And when they
got to Lazybrook Road, Jack Tyler and yourself confronted those two. Right,
I'm first got there now because Madigan Lifer didn't want
anybody else in her house, so you were under the

(01:03:21):
assumption that if they left, you guys could stay. Right. No,
she asked everybody by the door. I'm gonna move to
strike as non responsible to what Madigan Lifer said.

Speaker 4 (01:03:33):
Ford is going to sustain the objection.

Speaker 3 (01:03:36):
I am going to go ahead and strike everything after
the response to no as on his council.

Speaker 2 (01:03:45):
So at some point in time, let me ask you this,
how long was Ryan and Griffin at Lazierbrook before you?
Jack and Tyler got involved with them.

Speaker 5 (01:03:57):
I want to say, a couple of minutes.

Speaker 2 (01:03:58):
A couple of minutes, right, So they show up, Ryan
walks down with his beer in his hand, right, And
at some point you talked to Ryan and Griffin with
Jack and Tyler, right, yes, And at some point in
time you say to them, you can come in if
you give me some beer. Right.

Speaker 5 (01:04:16):
I was the only one who said that.

Speaker 2 (01:04:18):
You're the only one that said that, yes, And Jack
and Ryan gave you a beer, right. And at some
point in time it got heated between the three of
you and Griffin.

Speaker 5 (01:04:28):
And Ryan, right, just between Jack and Ryan.

Speaker 2 (01:04:31):
And at some point in time that went outside, right, yes.
So when then a span of a few minutes, it
went from give me, give me a beer to going
outside into the driveway, right, yes. And out in the
driveway there was a group of people surrounding the area
right from the party scattered yess.

Speaker 5 (01:04:52):
Inside, I think there was more.

Speaker 2 (01:04:54):
Okay, so there was thirty people inside and then there
was maybe twenty outside. No, there was.

Speaker 7 (01:04:58):
Probably like ten people outside, only ten people outside, ten
people including you or ten.

Speaker 2 (01:05:03):
People excluding you including okay, and who was outside.

Speaker 5 (01:05:09):
At the time. I didn't really like look at faces, right.

Speaker 2 (01:05:12):
You weren't paying attention, right, Yeah.

Speaker 5 (01:05:15):
No, I didn't really look around to see them.

Speaker 2 (01:05:16):
Don't You have no clue who was outside that at
that point? That's what your Yeah. And you don't know
if there were girls outside or boys outside at that point, right, No,
you just know that there were bodies you weren't paying attention. Yeah.
And when you go outside at some point, there's an
argument going on between Ryan and Jack, right, yeah, and

(01:05:39):
you're witnessing it. Yeah. And you're outside, in fact, with
this helmet out at the time, or you're not. Yes,
And when you're outside and you're looking at this argument
that that is going on between Jack and Ryan, at
some point in time, they square up, right, yes, And
they square up because they're going to fight for the beer, right.
Jack had taken the beer from him at that point, yeah, right,

(01:06:01):
and he wanted his beer back. Ryan wanted his bear back.
And when they square up, Ryan's standing squared up to Jack.
Jack's across from Ryan, right, yes, And to Jack's back
left is Tyler de Silva, correct, yes? And behind Ryan,

(01:06:25):
did you right off? Right? And you're wearing that helmet.

Speaker 5 (01:06:28):
At that point, right, yes?

Speaker 2 (01:06:31):
And you testified on direct examination, they squared off. Hine
stepped on my foot and I pushed him. You remember
saying that, Yes, you pushed him.

Speaker 5 (01:06:43):
Yes, I want to show you States Exhibit fifty eight.

Speaker 2 (01:06:53):
And that's that's up right there. So this is this
is this person right here to the left and blue shirt?
Who's that? Tyler? Can I get this? So this person
right here is who? This person in the red is who?
So right now you're behind we can't see you, but
you're right.

Speaker 5 (01:07:12):
Behind Ryan Hines, right, yes, right, okay?

Speaker 2 (01:07:22):
Stop? Is that you pushing Ryan Hines in the head.

Speaker 5 (01:07:28):
That's me pushing Ryan Hines.

Speaker 2 (01:07:29):
Yes, that right there, that's a push, not a punch.
That's what you're testing that you want. What you want
these ladies and gentlemen to believe that was a push.

Speaker 5 (01:07:37):
In our puncher pushing him. Can you play the fast fo'ks?

Speaker 2 (01:07:43):
Stop it there? Can you ship the volume on? So
right there, what you want these ladies and gentlemen to
believe is that you just pushed Ryan in his head,
not punched. And that's what you're telling them.

Speaker 5 (01:07:57):
I'm saying that I remember pushing him.

Speaker 2 (01:07:59):
But the video would would contradict what you want These
ladies and gentlemen to believe at.

Speaker 5 (01:08:03):
This point, correct, I remember pushing him, but the.

Speaker 2 (01:08:06):
Video that's not responsive to my question. The video does.

Speaker 12 (01:08:09):
Not corroborate what you just told these ladies and gentlemen
of the jury.

Speaker 5 (01:08:12):
Correct, I just remember pushing him.

Speaker 2 (01:08:15):
Non responses. Did you push him in the head or
did you punch him in the head?

Speaker 13 (01:08:19):
You remember pushing him, but does the video show you
pushing or punching him?

Speaker 2 (01:08:23):
That's my question. What does the video show me pushing him?
So you want these ladies and gentlemen to believe that
that what just happened, there is a push and unpunched correct. Yes,
And you also told these ladies and gentlemen of the
jury at some point during this fight, you go over
and you try to get Ryan off a jack, Right,

(01:08:46):
is it Jack? Because at that point the fight was
on and Ryan tackles Jack. Right. Yes, And your testimony
was that at some point Tyler de Silva gets in
and does the same thing, right, Yes, that's what you remember, right, Yes,
But isn't it true that Tyler jumps in it also

(01:09:07):
punches Ryan when he's on the ground. I think so.

Speaker 5 (01:09:11):
I don't remember that happening.

Speaker 2 (01:09:13):
Is it also true that at some point in time
towards the end of this fight, you use the helmet
that's on your head and you slam it into Ryan's head.

Speaker 5 (01:09:21):
That's not true enough. I never did that.

Speaker 2 (01:09:24):
You never did that. Okay, so let's play the rest
of this video and then we'll go to the slow No,
that's you right there. So that's you right there, right.

Speaker 5 (01:09:44):
Yes, you have a helmet on, right. I have the
hermot on a lot at the time.

Speaker 2 (01:09:56):
Okay, now we'll play the slow Now, you just saw
the helmet slam down on Ryan, right, and you heard
the crack of the helmet on Ryan's head.

Speaker 5 (01:10:07):
I didn't slam the helmet down on him at all.

Speaker 2 (01:10:09):
So you want these ladies and gentlemen to believe that
you did not slam the hamlet into Ryan's head when
he was on the ground. Yes, is that what you remember?
Or is that are you saying the video is false?

Speaker 5 (01:10:20):
I don't really see that in the video. Let's play
the slowmovers.

Speaker 2 (01:10:24):
So here's the punch or what you're saying is a
push there you are here with the helmet right, here's
you right in here, ready slam that You're right there

(01:10:44):
slamming the helmet Ryan's head, right.

Speaker 5 (01:10:48):
I've never slammed him with the helmet.

Speaker 2 (01:10:49):
Okay, so the videos alive, that's what you're saying. So
Council asked you before, have you ever carried a weapon before?
May fourteenth to twenty twenty two. Isn't it true that
you used.

Speaker 12 (01:11:01):
The helmet as a weapon at Lazybrook that night?

Speaker 2 (01:11:04):
No, At some point in time, Liifer's mother comes out
and kicks everybody out, right, But that's about fifteen twenty
minutes after this fight is over. Yeah. And that after
you guys are kicked out, you get into Jack's car,
the Honda pilot.

Speaker 5 (01:11:22):
Yes, And.

Speaker 2 (01:11:24):
You had no idea what you were going to do.
So you guys were driving over to Tumble High School, right, Yes.
And when you were driving over to Trumble High School,
isn't it true that during that ride you were laughing
and joking about how you just got into a fight
and hurt Ryan Hines? Wo, you never said that. And
as you're going over to Trumble High School, it's you

(01:11:45):
in the back back seat behind Jack, right, Yeah, Jack's driving, yes,
Tyler's in the front seat, yes, in the middle seat
is who will sindul correct? Yes? And to the right
of him, is Keenan Frasik, Yes, McKenzie's on your lap
and Dmitri's in the back. Yes. And when you're driving

(01:12:10):
over there, you indicated on direct examination you had your
phone on you at that point, right, As a matter
of fact, you had your phone only right, Yes. And
at some point in time you're added to a group chat, right, yes,
when you go over to Trumble High School. Had the

(01:12:30):
group chat already started before you get to Trumble High School?

Speaker 5 (01:12:34):
I believe so, yes.

Speaker 7 (01:12:36):
I can't remember if I got added when we got
to Trumble or on the way there.

Speaker 2 (01:12:39):
Isn't it true that Anthony Greco added you at eleven
to ten pm on Saturday May fourteenth, twenty twenty two
to the group chat? I can't remember?

Speaker 5 (01:12:51):
But yeah, Well.

Speaker 2 (01:12:52):
Who's Anthony Greco? You know Anthony Greco? Right? Football? Politically
you went to Saint Jose with you, Right, he was
at lazy Brook that night at some point. Did you
see him a lazybrooke?

Speaker 5 (01:13:01):
No, I don't remember seeing him, but.

Speaker 2 (01:13:03):
He added you to this chat nevertheless, right, yes, and
that was at about eleven to ten pm, I guess, so. Yeah,
And you indicated on direct examination you were on your
phone checking the text group messages. You're talking to Will
Sindweld next to you, and you're talking to Mackenzie right yes.
And while you were doing all those things, you also
had an opportunity to see that Jack was on his

(01:13:23):
phone also, right yes, And you saw that Tyler was
on his phone, right yeah. And when you get to
Trumble High School, how long are you there for? About
twenty minutes?

Speaker 5 (01:13:37):
I can't remember exactly how long we were there for.

Speaker 2 (01:13:40):
When you get to Trumble High School, you have a
conversation with Jack and Tyler about fighting these kids at
Tumble High School. Correct, Oh never. Isn't it true that
you were in the group chat telling kids to come
show up to Trumble High School to fight.

Speaker 5 (01:13:56):
Yes, I remember telling them the plumber hoole.

Speaker 2 (01:13:58):
Right because you in this group chat, you're saying Trumble
High slide right now, our end, right now, Trumble High
Slide right.

Speaker 5 (01:14:06):
Yes.

Speaker 2 (01:14:07):
Because at that point you wanted to meet those kids
to fight right now.

Speaker 7 (01:14:11):
We were about to be leaving Trumble and at the
time I thought it would be funny.

Speaker 2 (01:14:17):
So you wanted to meet those kids in Trumble High
School to fight right now. So at some point in
time you leave Trumble High School. Yes, And before you
leave that, leave Trouble High School, you're again asking them
Trumble high slide right slide means come here.

Speaker 5 (01:14:36):
Yeah.

Speaker 2 (01:14:39):
And at some point in time, you're in the group
chat and you realize that, uh, the other kids are
talking about an address. Right, they said drop the ad.
We're gonna drop the addy. Right? Does that mean an address?
You're saying the other kids were saying that. Yeah, people
were talking about giving you an address. Someone was saying,
we'll drop the addy, right? Remember hearing that? Seeing that

(01:15:01):
in the group chat.

Speaker 5 (01:15:01):
I remember just seeing the address.

Speaker 2 (01:15:04):
You a call when someone indicated that we dropped the
add you said send it? In the group chat?

Speaker 5 (01:15:09):
No, I don't remember that.

Speaker 2 (01:15:11):
May approach the witness shr owner looking at the document,
help the refresher recollection. Yeah, that's you, right, you remember refrect.

Speaker 5 (01:15:25):
It says my name, But I don't see the number.

Speaker 8 (01:15:27):
Somebody else have.

Speaker 2 (01:15:28):
Your phone that night? That night, I don't somebody else
you know named Ledo. I don't remember now. No, So
do you a call asking for the address in the
group chat that says send it? No, you don't recall that.
Are you saying that this is not you in the
group chat? I can't.

Speaker 5 (01:15:45):
It says my name, but there's no number.

Speaker 2 (01:15:47):
Okay again, Uh, at some point in time later in
the group chat, you say Laurel Glenn. Correct, No, you don't.
May approach the witness. Would looking at a document helped
the refresher recollection? Sure? Yeah, is that refresher recollection? Again?

Speaker 5 (01:16:04):
It says my name but not my number.

Speaker 2 (01:16:06):
So let me ask you this, mister, No, so let
me ask you this. You recall being added to the
group chat by Anthony Greco at eleven ten pm on
May fourteenth of twenty twenty two. Correct, Yes, you recall that.

Speaker 5 (01:16:26):
Yes, and you.

Speaker 2 (01:16:28):
Also recall telling the kids to slide to Trumpele High School. Right? Yes, okay,
Now do you recall whether or not your name was
leto in the group chat.

Speaker 5 (01:16:42):
When you're joining a group chat, it's just your number.

Speaker 2 (01:16:44):
It's just your number. But if somebody has your number
your name in their phone, it would say your name.

Speaker 5 (01:16:48):
Correct, pretty sure, it would still be just a number.

Speaker 2 (01:16:53):
But we're looking at a documentary to refresh your recollection
as to whether or not you told people to slide
over to Trumble.

Speaker 5 (01:16:59):
No, I knew I said that you knew you said that.

Speaker 2 (01:17:00):
Right, So if if we had a group chat with
your name on it, and that is corroborated in here
that you told them to slide, wouldn't it also be
true that if your name is in the in this
group chat subsequent and you told them to drop the
address send it, that would also be you? Or is
there two Leados that you know of?

Speaker 5 (01:17:20):
I can't see the number. It just says my name, right,
So wouldn't.

Speaker 2 (01:17:24):
Wouldn't it stand to reason that Lido is you in
the group chat?

Speaker 5 (01:17:28):
I guess so. Yeah.

Speaker 2 (01:17:32):
You just don't recall saying these things, right, That's what
that's your that's your testimony today.

Speaker 5 (01:17:38):
I only ever remember saying the trumble High thing, right.

Speaker 2 (01:17:41):
You don't recall asking them to send their address at
Laurel Glenn. That's what your testimony is, right, Yeah, And
you don't recall reiterating, uh, the address that was sent
Laurel Glenn. You say Laurel Glenn, right, you actually say
it twice in the group chat, but you don't recall that. Right.
That's your testimony today. And then at some point in

(01:18:01):
time you make your way from Trumblell High School over
to forty three Laurel Glenn. Which is Tyler Rich's house? Right, Yes,
you didn't know it at the time, but that's Tyler
Rich's house. You've met Tyler Rich before? Yes? Where did you?
Where have you met him before? Parties? At part what
kind of parties?

Speaker 5 (01:18:20):
High school parties?

Speaker 2 (01:18:21):
Have you ever ever been to high school parties in
the berrys? You know where the berries are in Shelton? No,
you don't. You ever recall going to a party on Mulberry, Strawberry, Edelberry,
any type of street with a berry last name in Shelton.
You ever recall seeing Ricky Fiola at those parties?

Speaker 5 (01:18:42):
I've been to parties in Shelling Right, And.

Speaker 2 (01:18:43):
You ever recall seeing Matt Lakovich at those parties? Yeah,
you've met him before. Right. As a matter of fact,
you've had a fight with Matt Lakovich a week before
this incident, correct, at one of those parties. Never, So
you drive over from Trumbull High School and you indicate
couple of cars were there when you got to forty
three Laurel Glenn.

Speaker 5 (01:19:02):
Right, can you repeat that?

Speaker 2 (01:19:07):
When you drove over from Trumpell High School and you
got to forty three Laurel Glenn you indicated on direct
examination there were a couple of cars there, right, Yeah,
we pulled up and saw girls from Saint Joe's High School.
I'm sorry with drown. You indicated that when you got there,
you you saw you saw other cars parked in the

(01:19:30):
in the street, right, yes, And uh, there wasn't that
many people outside at first, right, there was. I noticed
a few kids, right, isn't that what you said on
direct examination? Well, not that I could see at first.
And at some point people came out of the house.

Speaker 5 (01:19:44):
Right, Like everyone came out of the house, and people.

Speaker 2 (01:19:48):
Came out of the house because you texted them in
the group chat. We here right now? Do you recall
doing that. We're looking at a document helped to refresh
your recollection. Sure, the approached the witness run refreshed.

Speaker 5 (01:20:02):
Yeah, I never said that.

Speaker 2 (01:20:03):
So somebody else had your phone at that point.

Speaker 5 (01:20:06):
No, Again, it says my name but not my numbers.

Speaker 2 (01:20:08):
So there's another person named Leedo in the group chat.

Speaker 5 (01:20:10):
Anybody can name anybody they wanted the group chat.

Speaker 2 (01:20:16):
But you would agree with me that in the group
chat says from Leedo, we hear, right, It just says
and then it says we hear right, yes, So at
that point in time, people come out of the house, right, yes.
And when the people come out of the house, what
time of night would you say it was when people

(01:20:36):
came out of the house when you were in front.

Speaker 5 (01:20:37):
Of forty three Laurels light, I can't remember, you.

Speaker 2 (01:20:39):
Don't remember, but it was dark out. It was late
clearly after eleven right, yes, probably some time before eleven
thirty ish, I don't know, you don't recall. And you
indicated that you saw people come out, and there were
about thirty people that came out at that point.

Speaker 5 (01:20:57):
Right that I could see, Yeah, but I know there
was more.

Speaker 2 (01:21:01):
You knew there were more. How did you know there
were more?

Speaker 5 (01:21:03):
There was people behind those thirty people.

Speaker 2 (01:21:04):
There was people behind the thirty people. So you counted
each and every one of those people that came outside.

Speaker 5 (01:21:08):
No, it's just an estimate. It looked like way more
than twenty people, right.

Speaker 2 (01:21:13):
But it could have been twenty, right, Yeah. So at
some point in time you indicate that Snyder stopped his
car saw yard kids coming out to the car, right, yes.
And by the way, at some point in time you
leave the chat, at like eleven thirty two pm, you

(01:21:33):
were called doing that.

Speaker 5 (01:21:34):
Yes, that was before we arrived at the house.

Speaker 2 (01:21:37):
Before you arrived at the house, So you left the chat.
According to the chat, Leita left the conversation. You recall
that happen nice, okay. So you were call getting in
the conversation, you recall getting out of the conversation. You
only recall a few things that you said. But do
you think the other person named Leedo in the conversation
could be somebody else?

Speaker 5 (01:21:54):
I remember why I left?

Speaker 1 (01:21:56):
The mischaracterized is the testimony has not said he believes
there's another name leader in the group chat.

Speaker 2 (01:22:02):
So you were call saying something's in the chat. You
just don't recall saying everything in the chat. Is that
a fair fair statement of your testimony?

Speaker 5 (01:22:09):
I only ever said the things about Trumbell High.

Speaker 2 (01:22:11):
School, okay, So the other things that are in the
chat that would be inaccurate according to you.

Speaker 5 (01:22:20):
Yes, okay.

Speaker 2 (01:22:22):
So you were going over there to fight, correct And
when you got there, kids surrounded the car, right, Yes,
And you indicated that on on direct examination there were
rows of people, ten then maybe thirty. Right. Yes, Jack
was talking, Tyler was talking because kids had approached the

(01:22:44):
car at that point. Yes, you indicated kids you knew
were there because you texted them in the group chat. Right,
never said that. You said that on direct examination.

Speaker 7 (01:22:55):
Right now, I said my window was up when all
the kids came. When I reckoned a few people, I
put my window down. And who did you recognize, Ricky Fiola,
Nikki Did Jesus, and Aiden King.

Speaker 2 (01:23:08):
So you spoke to Aid and King when he came
next to.

Speaker 5 (01:23:10):
The car at that point, right, I spoke to all
three of them.

Speaker 2 (01:23:13):
And you told Aiden King at some point when it
got aggressive, that you tell your friends to get away
from the car, I'm going to break a bottle over
somebody's head. No, I never said that. And there were
a few kids shouting at Jack at some point, right, yes,
And it became aggressive, and according to you, yes, And
but at first it was a peaceful conversation, right, according
to you, peaceful mine was Yes, it got aggressive, yes,

(01:23:37):
but you didn't see anybody throw anything at that point, right, No.
And then you indicated on direct examination you couldn't see
anybody outside, so you only saw the three people you knew, Aiden, Ricky,
and who was the third Niki did Jesus, so Nicki,
Aiden and Nicki Aiden and Ricky, you saw that's it. Yes,

(01:24:00):
you couldn't hear any threats, right.

Speaker 7 (01:24:02):
I heard them screaming, but you couldn't hear any threats, right.
I couldn't make out what they were saying.

Speaker 2 (01:24:06):
And at some point you indicated on direct examination people
were hitting the car on all sides, right.

Speaker 7 (01:24:11):
Yeah, before that happened, somebody punched Jack in the face.

Speaker 2 (01:24:15):
That's I'm gonna move to strike as non responsive sustained.

Speaker 4 (01:24:19):
Court's going to strike.

Speaker 3 (01:24:21):
The witnesses response after Yeah, okay, so the rest of
that response played.

Speaker 4 (01:24:26):
Strike from your books, took notes on it. It's not
to be considered able.

Speaker 2 (01:24:32):
So you indicated on direct examination people hitting the car
on all sides, correct, Yes, all I heard was banging, right, Yes.
Didn't hear glass shattering?

Speaker 5 (01:24:43):
Right, No, I don't think so. And the car began
to rock right, yes.

Speaker 2 (01:24:52):
You indicated on direct examination you were panicking, right, Yes,
this was never like anything, but you've been through before, right,
This was scary, right, yes, And at that point you
couldn't get out, right. You said that indirect there's no
way to get out now because there were so many people, right, Yes,

(01:25:13):
And at some point you thought to yourself, this is
not a good idea right to be here.

Speaker 7 (01:25:19):
I just remember being scared. My girlfriend was crying, and
I remember telling that Jack to drive.

Speaker 2 (01:25:28):
To drive right. So Jack drove down the street right.

Speaker 4 (01:25:30):
Yes.

Speaker 2 (01:25:31):
And when Jack drove down the street, at some point
he stopped right. Yes. At some point was Jack driving
up and down the street? You remember Jack driving up
and down the street.

Speaker 5 (01:25:43):
I don't remember that now, you don't remember.

Speaker 2 (01:25:44):
That could have happened, but you don't remember.

Speaker 5 (01:25:47):
Yeah, no, I don't remember that.

Speaker 2 (01:25:49):
You don't remember. But at some point in time, he
drives down the street right state Ehibit one. You indicate
that Jack drives down the street and at some point
in front of the house near where we previously identified
it as thirty six. Laurel Glenn correct. Yes, And it's

(01:26:10):
at that moment that that Mackenzie gets out of the car. Yes,
she's walking away. Yes, And then you get out of
the car. At some point right while you're getting out
of the car, you're pissed off and you say, holy shit,
they really fucked up your car. Jack, give me the knife.
Where's knife? Give me the knife? Right? No.

Speaker 5 (01:26:30):
Immediately after I got out or Mackenzie got.

Speaker 2 (01:26:33):
Out and moved to strike as non responses.

Speaker 3 (01:26:35):
Everything after no, Carr is going to go ahead and
strike the response after the witness indicated the word no,
please just far definitely your notes.

Speaker 2 (01:26:44):
Thank you. Now you get out of the car with
the knife? Correct at this point? No, because according to
you on direct examination, Jack gave you the knife when
you got out of the car at that point correct? Yes,
all right, so you did get out of the car
with the knife at this point right when you.

Speaker 1 (01:27:02):
Objection your on that mischaracterized is the testimony. He did
not testify that he got out of the with the knife.

Speaker 3 (01:27:08):
So the witness indicated, yes, I'm going to go back
to the last question.

Speaker 2 (01:27:15):
I'm gonna.

Speaker 4 (01:27:17):
Sure the last question.

Speaker 2 (01:27:19):
So Jack gave you the knife when you got out
of the.

Speaker 5 (01:27:21):
Car, correct, I was already outside of the car.

Speaker 2 (01:27:24):
Yes, And he gave you the knife at that point, right, yes,
And he gave you the knife when you got out
of the car at that point when the park initially stopped, right,
car stops, you get out, you get the knife, right, yes,
So you're in possession of the knife when you initially
get out of the car. I May fourteenth of twenty
twenty two, right.

Speaker 1 (01:27:47):
Objection your I think that mischaracterized. Is the testimony stand.

Speaker 2 (01:27:52):
When you get out of the car, the car stops
in front of thirty six Flord Lane.

Speaker 5 (01:27:55):
You get out of the car right after Mackenzie. Yes,
he's walking down the street right. Yes.

Speaker 2 (01:28:02):
When you're out of the car, Jack.

Speaker 5 (01:28:03):
Gives you the knife right, tosses it at me.

Speaker 2 (01:28:05):
Yes.

Speaker 5 (01:28:06):
No, Tyler DeSilva was already next to me when that happened.

Speaker 2 (01:28:12):
So it's your testimony that Tyler was next to you
when Jack throws you the knife. That's your testimony as
I remember it. Yeah, I'm gonna show you state it's
forty four here. Yeah, that's that. This is state's forty four.

(01:28:32):
This person right here standing right here with the dark
pants and the shirt. That is that you can you
see one pointing? Is that you out of the car.

Speaker 5 (01:28:41):
Yes, so you're in front of the car right, yes.

Speaker 2 (01:28:44):
Okay, And at some point we see Tyler de Silva
get out of the car and walk next to you, right.

Speaker 5 (01:28:48):
Yes.

Speaker 2 (01:28:49):
Your testimony is as Jack's driving up the street, he
tosses you the knife at this point, yes, and you
can see would at one point he's.

Speaker 5 (01:28:57):
Stopped after you.

Speaker 6 (01:29:00):
Answer, I'm going to strike everything after Yes, it is
a gentleman of the joys, So please move men notation
accordingly and.

Speaker 2 (01:29:08):
By the way, what Jack gives you the knife? Do
you catch it? Not fool soll yes, that's when it
falls stop stop, so I thanks. So we didn't see
you've been.

Speaker 5 (01:29:24):
Down to pick anything up, right, I've been down to
pick it up when.

Speaker 4 (01:29:27):
Strike everything after no or tray is responds after now.

Speaker 2 (01:29:34):
So at this point in time in state's forty four,
you're in possession of the knife at this point, correct.

Speaker 5 (01:29:40):
Yes, okay, stop.

Speaker 2 (01:29:46):
Now these are the kids from forty three low Blend
that just ran down toward you, right, Yes, when they
came down the street, did they have any weapons on them?

Speaker 5 (01:29:57):
I didn't look to see if they had any weapons.

Speaker 2 (01:29:59):
But you didn't see any weapons.

Speaker 5 (01:30:00):
Right, I didn't look to see if they had any.

Speaker 2 (01:30:03):
They didn't have any weapons on them, right, didn't look
to see if they had any weapons. So you didn't
see any weapons on them that night, right, I didn't look.
So at this point in time, there's no fighting going
on down right, And after this video stops, no fight
occurs down down the side of the street. Right as

(01:30:24):
they ran down, we said, no, so you had the knife,
you don't see anybody else with a weapon. Jack drives off.
McKenzie's down down the other end of the street. Right,
she's at the corner of farmhouse in Laurel Gwynne. Yes,
and the meetree Will and Keenan are still in the

(01:30:48):
car as the car drives away. Right. Yes, So when
Jack gave you the knife, they were in the vicinity
of seeing that happen.

Speaker 5 (01:30:55):
Correct, they were in the car, right, And you played
the second one.

Speaker 2 (01:31:01):
So again, this is a different angle. Right, McKenzie's walking
down the street, and this is you out here just
above this bush on the right side, and here comes
Tyler walking to your right. Right, So car drives away.
You have the knife at this point, right, Yes, Tyler
Rich runs up to you. Right, Is that Tyler Rich

(01:31:24):
that ran up the street?

Speaker 5 (01:31:25):
You recall I saw like two kids run past.

Speaker 2 (01:31:31):
Do you recall them throwing something at the car? Yes?
Who that was? So at some point do you you
call who.

Speaker 8 (01:31:40):
Ran down the street?

Speaker 2 (01:31:42):
Like in total, I'm gonna ask you first if you
were familiar with anybody who ran down the street at
that point.

Speaker 5 (01:31:47):
Yes, Ricky right, yes, Tyler Rich?

Speaker 2 (01:31:51):
Yes, are you familiar with ty Wood?

Speaker 5 (01:31:54):
Yes?

Speaker 2 (01:31:54):
Did he run down the street. I can't remember seeing him.
Charlie Connery, Are you familiar with him?

Speaker 5 (01:32:02):
No, you're not familiar.

Speaker 2 (01:32:03):
Do you know? So you don't know that the person
that testified for the state as our last witness. You
can't recall if he ran down the street. No, I
didn't see him. But there were about seven kids that
ran down the street, right.

Speaker 5 (01:32:15):
I don't know exactly how many.

Speaker 2 (01:32:16):
What was there more than seven or less than seven.

Speaker 5 (01:32:22):
I'm not sure you would agree.

Speaker 2 (01:32:24):
With me there was more than three kids, right, And
clearly in.

Speaker 12 (01:32:26):
The video there's more than three kids on the shelf party, yes, right.

Speaker 2 (01:32:29):
And would you also agree with me that after this
particular part of the video ends, there's a whole interaction
that happens down the end of the street that's not
capturing on the video, right, yes, And that interaction that's
happening is you having the knife?

Speaker 7 (01:32:46):
Right, yeah, it's on my pocket.

Speaker 2 (01:32:50):
You have this interaction with Tyler rich right, yes?

Speaker 5 (01:32:57):
Like right after yes?

Speaker 2 (01:32:58):
Right? Because in your words, uh, you indicated that he
came up to me, talked to me, made me feel
better about the situation, right, because you had just gotten sprayed.
Right And as a matter of fact, between the time
you were in the car, when you got the Forestry
world Land up until the time where you spoke to
Ricky Fiola, the people at that party indicated to you

(01:33:22):
they didn't want you at the house. You were supposed
to leave, right. Yeah, So when you spoke to Ricky,
not what he said, but during your conversation pretty much
said you should not be here, you should leave right No,
so yeah, he actually said that you should stay.

Speaker 5 (01:33:42):
You was talking bad about Tyler rich right.

Speaker 2 (01:33:46):
And then he said, you guys should probably just leave
right now.

Speaker 5 (01:33:48):
You never said that.

Speaker 2 (01:33:49):
He never said that.

Speaker 12 (01:33:50):
He said probably should just hang out in the corner.

Speaker 5 (01:33:52):
And uh, you know, figure it out, right, I can
tell you what he said.

Speaker 2 (01:33:55):
Well, I don't want to know what he said.

Speaker 12 (01:33:56):
But the reality is the conversation you had with Ricky
Fiola was, hey, I was really messed up that he's
ready to with w four.

Speaker 2 (01:34:03):
You old.

Speaker 12 (01:34:04):
Look, there's a lot of us and there's only two
you guys.

Speaker 2 (01:34:06):
It's not smart.

Speaker 12 (01:34:06):
You probably should just be Are you saying that that
conversation didn't happen.

Speaker 5 (01:34:09):
That's not what he said.

Speaker 2 (01:34:12):
So but nevertheless, these three four or five kids that
run down the street, including Tyler rich. They do not
engage you in a physical altercation down the street.

Speaker 5 (01:34:22):
Correct, just spread me with w D forty.

Speaker 2 (01:34:26):
And walked away, right, Yeah, he walked back to his house, right, yes,
And when he walked.

Speaker 14 (01:34:31):
Back to his house, you guys stayed down the street
for a little bit, right, yes.

Speaker 2 (01:34:35):
And so your testimony today is you were never told
to leave the area.

Speaker 5 (01:34:39):
I've never heard anybody say that, Ricky Flt. Say that.

Speaker 2 (01:34:45):
And at that point you said on direct examination you
were scared and confused, right, terrified about the group of
people that were down down the road, right, just everything,
And you were scared even when the people walked down
the street. Right when when they came down the street
towards Farmhouse Road, that scared you. I never running at us. Yes,

(01:35:05):
you were panicked, you were concerned. You had your phone
on you at that point, right, most likely, yes, most likely.

Speaker 4 (01:35:13):
Right.

Speaker 2 (01:35:14):
So at any point between the time you got out
of the car and the time the kids ran down
the street, you never called for somebody to give you
right home.

Speaker 5 (01:35:23):
Right, No, Mackenzie's sister was going to give me.

Speaker 2 (01:35:28):
You never called for an uber right to bring you
out of that situation, right, Kenzie's sister was going to
give me your right home and you never called for
a lift, right, because mackenzie sister was coming to pick
you up. So McKenzie sister was going to pick you
up at the corner of a farmhouse road in Laurel Glen. Right. Yes,

(01:35:49):
you knew that because you had a conversation with Mackenzie
about getting a right home. Yes, because on direct examination
you indicated that you walked over to Mackenzie and said, hey, listen,
can I get a right home? I don't want to
be here anymore? Right.

Speaker 5 (01:36:04):
I don't remember my exact words, but I remember asking
her for a ride because you were concerned.

Speaker 2 (01:36:09):
Yes, if you wanted to get out of that situation.
Mackenzie had her head down right, Yes, she was on
her phone. It's safe to say she wasn't paying attention
to things going on around her. Yes, isn't true. McKenzie
was mad at you at that point because she didn't
want to go to Tyler Rich's house and you didn't
stick up for her.

Speaker 7 (01:36:29):
Now, she initially started crying and got upset when they
were heading the car.

Speaker 2 (01:36:34):
And by the way, Stay called twenty five witnesses in
this case. Right, Yes, and you were here for all
twenty five of those witnesses. Right, yes, And the story
you're telling us today is the first time we've heard
the story, right.

Speaker 5 (01:36:47):
I was never asked by anybody to tell them.

Speaker 2 (01:36:49):
I'm going to move to strike as non responsible.

Speaker 3 (01:36:52):
So the board's going to go ahead and strike the
witness's response to a question as being non response.

Speaker 2 (01:37:00):
So this is the first time we're hearing this story. Correct. Yes,
McKenzie knew a lot of those kids at that house, right.
You knew that, yes, And she didn't want to be
there right.

Speaker 5 (01:37:12):
After they started hitting the car. Right.

Speaker 2 (01:37:16):
At some point in time after this video ends, Will
gets out of the car right yes, And Keenan gets
out of the car, right yes. And Dmitry gets out
of the car right yes. And at some point in
time they sit down at the corner because they're waiting
for a ride. Right.

Speaker 5 (01:37:38):
I remember them sitting around mackenzie at one point, but.

Speaker 2 (01:37:41):
You were not under the impression that they were waiting
also waiting for McKenzie's sister.

Speaker 7 (01:37:45):
The only person I knew that was waiting for a ride,
like definitely was Will Singemore because he was calling his
girlfriend because his.

Speaker 2 (01:37:51):
Girlfriend, Carolyn Tacas was coming to get him right, Yes, right,
So as far as you were concerned, Carolyn was coming
to get Will and Dmitri and Keenan had no right
home at that point? Is that what you're saying?

Speaker 10 (01:38:04):
Uh?

Speaker 2 (01:38:05):
Yes, But nevertheless, Will, Keenan, Dmitri McKenzie don't get back
in the car with Jack at some point, right?

Speaker 5 (01:38:16):
Can you say that again?

Speaker 2 (01:38:18):
At some point in time, Jack, you and d Silva
get in the car and go back down the forty
three Laurel Glenn right, yes, right, But when that happens,
Will doesn't get in the car right, nobody else gets
in the car right. McKenzie doesn't get in the car right,
Somebodymitri doesn't get in the car right, and either just

(01:38:39):
Keenan right, because they didn't want to get involved with what.

Speaker 5 (01:38:43):
Was going to happen, right, because they were asked not to.

Speaker 2 (01:38:49):
I'm gonna move to strike as non responsive as that
he answered the yes or no.

Speaker 3 (01:38:54):
Strokes response to question called for yes and aliens.

Speaker 2 (01:39:00):
So they didn't get in the car because they didn't
want to be involved with what was going to happen. Correct. Now,
and at some point in time you indicate that you
say Tyler's your best friend, right, growing up you met
him since eight years old? Yes, and Jack was only
just an acquaintance from Saint Joe's right. You weren't really
friends with.

Speaker 5 (01:39:19):
Him, not as close as Tyler.

Speaker 2 (01:39:21):
Right. But you all hung out right, yes, and you
all would go to parties together on the weekends, right. Yes,
you guys were football buddies, right, Yeah, we all played football.
In fact, it wasn't uncommon for Jack to pick you
and Tyler up and go to a party. Right. It

(01:39:42):
was always that drove. He was always the one that drove, right.
And when you guys are in school, you guys are
always hang out and talking.

Speaker 5 (01:39:52):
Right, football practice, not really in that football.

Speaker 2 (01:39:56):
So you didn't associate with Jack in school, just in
football practice. Is that what I meant? Had any of
the same classes. Okay, So you never saw him in
the hallway and said hey, Jack, what's up? So you're
associated with him, right? And but Jack was always the
one that drove you guys.

Speaker 5 (01:40:11):
It wasn't Tyler, right, not always if we were going
out with Jackie was driving.

Speaker 2 (01:40:17):
But you went out with him a lot, is the point, right.
Whenever you would go out would be you, Tyler and Jack. Right. No,
even though Jack always drove majority of the time. Jack
always drove when we went out with him. Okay, but
you didn't go out with him a lot. That's what
you're saying now. Okay. So at some point in time,
there's a conversation, you say on direct examination, there's a

(01:40:38):
conversation between Jack and Tyler in this area. Right. You
don't know what the conversation is about. It was something
I don't want to know what it was about. Do
you know what it was about? Yes? Or no? You
know someone was about so and based on that information,

(01:41:00):
you were still scared, yes, and you were still concerned
and you were still worried about what could happen. Yes,
And at some point in time jackets in the car, Yes,
Tyler gets in the car. Yes, And you get in
the car and you're still concerned. Right, and you go
back down to forty three, Laurel Glenn, right, because you're
still concerned. Right, was going was going on? Non responsive?

(01:41:26):
I would ask them that's would be stricken.

Speaker 3 (01:41:28):
That's going to strike the witness response as non responsive.

Speaker 2 (01:41:33):
Yes, and thank you. So at some point in time
you get in the car with Jack and Tyler, correct, Yes,
and you are going to go back to forty three
Loyld Glenn, Right, Yes, and you're going to go and
talk to some kids that had just damaged the car, right, yes,

(01:41:56):
through stuff at the car right, yes, us on the
car right, yes, almost almost withdrawn. Did these things for
about a thirty to forty second period right when you
were initially in front of forty three Laurel Glenn.

Speaker 5 (01:42:13):
I don't know how long it was.

Speaker 2 (01:42:15):
Was it was it fast interaction, was it slow interaction?
I never remember. But nevertheless, these are the kids that
damage the car, right, yes, and you were going back
to talk to them, right. Yes. These are the same
kids right that you said you were very concerned about. Yes,
you were very worried about. Yes, you're you were panicking

(01:42:37):
when this was going on, right, Yes, but you went
back to forty three Laurel Glenn right. Yes, you could
have stayed at the corner of Farmhouse Road at Laurel
Glent and waited for Mackenzie's sister to pick you up. Right, Okay,
that's where we moved to strike as non responsive.

Speaker 3 (01:42:55):
We'll go ahead and strike the witnesses responses and not
in response of passion Cultorius.

Speaker 2 (01:43:01):
You could have stayed at the corner of Lord Glenn
and farmhouse road correct. Yes, but you didn't do that,
did you? And you got back in that car with
the knife? Yes, and you indicated on direct examination you
were scared to get back in the car, right, yes,
but you did it anyway, and you didn't have to

(01:43:21):
go back to that house, did you. So you get
back to the house right, and you get out of
the car right, Yes, I may approach it, shrunner.

Speaker 14 (01:43:37):
And Jack drives a car and stops the car right
about here on stage fifty two in front of his films.
Right road, you stopped.

Speaker 2 (01:43:49):
Writing about your help close car. I wasn't on that side, right,
but you were on.

Speaker 8 (01:44:00):
That side at one point.

Speaker 15 (01:44:01):
Then the work You get over the car right, yes, right,
so the cars closing the center of the road, right, yes,
And Tyler gets out of the passing machine right.

Speaker 8 (01:44:14):
He walks around the car and not to the grass right. Yes,
you saw this right.

Speaker 2 (01:44:20):
Yes, you got out of the rear pass machine on
jacksonde right.

Speaker 12 (01:44:24):
Yes, you walking around the car and you never lost
that of the tower right.

Speaker 8 (01:44:29):
Yes, So you go get him hold of them over
the suv.

Speaker 2 (01:44:32):
Right.

Speaker 15 (01:44:32):
That's where your testimonia is. When I'm around you want
to round the people. You just said that you didn't
lose sight, so you go go over. Yes, you need
to see where taddle goes, right, all right, So when
you didn't see him in the time, you just walk
around the car.

Speaker 12 (01:44:46):
Then you be a contact out again, right, yes, right,
and Tyler was on the left.

Speaker 2 (01:44:53):
Tyler was in this area at some point the left.

Speaker 16 (01:44:55):
Right, youre right, you guys him here, right, Yeah, you
were on the left. Yeah, there were like ten people
in the.

Speaker 2 (01:45:16):
Yard. Right.

Speaker 5 (01:45:18):
I can't remember exactly how I mean. We're a first
approach by Lily Lombardy.

Speaker 2 (01:45:25):
H you indicated on direct examination there were people in
the yard, right, Yes, you said ten people at first
in the back correct.

Speaker 5 (01:45:34):
Around there.

Speaker 2 (01:45:34):
They were far back right close to where that little
hole is in the uh where they came out of.

Speaker 5 (01:45:42):
It was really dark.

Speaker 2 (01:45:43):
It was really dark. You couldn't see right, and you
didn't recognize anybody at that point, right, and you had
the knife in your pocket when you get out right. Yes,
when people started coming out of the house with their
girls that came out of the house.

Speaker 5 (01:46:00):
Also, the first person we spoke to was a girl.

Speaker 2 (01:46:05):
All those was there more than one girl at the
house that you were called I don't know, well, Lily Lombardi, Right,
Taylor Capella was there. I didn't see here, do you know,
Taylor Cappella? Are you saying there was only one girl
at the party that night?

Speaker 5 (01:46:24):
I only I'm saying I only saw and spoke to.

Speaker 2 (01:46:27):
You only spoke to one girl. But you don't know
if there were other girls later on in the evening
that were outside watching, right, There could have been you
just don't know. And you said, at some point thirty
kids come out, right, uh, yes or no? Yes, we

(01:46:48):
were approached by Rich and everybody else. There were thirty people, right, No, at.

Speaker 5 (01:46:53):
First it was around thirty people, and then everybody came out.

Speaker 2 (01:46:57):
And how many of those people were girls? I didn't
see any. You didn't see any girls. So there could
have been girls in the back. You just don't know.
And when they came out, you recognized only Tyler Rich. Right, Yeah,
you had your conversation with Tyler Rich. So you just

(01:47:17):
stood there and Ryan Hines approached you, and you had
a conversation with Ryan Hines. And that was the kid
that you had pushed in the head, according to your
testimony earlier that night at Lazybrook. Correct, Yes, and you
were next to Tyler when this was happening, Yes, And
you indicated on direct examination there were a wall of

(01:47:37):
people at some point in front of you, right, yes, right,
And initially it was the civil was talking about ten
people said that I directed remember that.

Speaker 5 (01:47:48):
Like he was there was all of them were all together,
but he was directly so.

Speaker 2 (01:47:52):
It was like a line of people. It was you.
This is Tyler, this is you.

Speaker 12 (01:47:57):
There's a lot of people in front. Right, there's about
ten people directly.

Speaker 2 (01:48:04):
And when you're talking to these people, you're asking where
Aiden King is?

Speaker 5 (01:48:09):
Right, I asked Ryan Hines. I was like, where's aid
and King? That's my boy, that's your what I like,
my friend.

Speaker 2 (01:48:17):
That's your friend. Yeah. You heard aid and King testify
in this case, right, Yes, you heard him testify that
you said, tell the people get away from the car.
I'm gonna smash a bottle on somebody's head.

Speaker 5 (01:48:28):
Right, Yeah, he saw that.

Speaker 2 (01:48:31):
And you indicated on direct examination that you were speaking
with four or five people, right, Yeah, you were speaking
with Ryan Hines. Yeah, ty Wood? You remember ty Wood?
Do you know who ty Wood is? You know who
t I was? You don't recall seeing him there that night?

Speaker 5 (01:48:48):
He mainly talking with Ryan Hines and.

Speaker 2 (01:48:50):
Fas Teale was was close by at this point. And
so at some point were there other people that you
recognize there at the time, but took besides ty Wood,
Ryan Hines and.

Speaker 5 (01:49:05):
Tyler Rich, there was a giant group of people there.

Speaker 2 (01:49:08):
But you don't know everybody that was there. And then
ife was in your pocket at this point, Yes, And
the people you were talking with didn't have any weapons
on them, right, I saw, and you were getting nervous, yes,
and you were called at some point. So at the

(01:49:29):
end of your testimony yesterday on direct examination you unicated
it there were four to five people that you were
speaking with. But then today when you started testifying, you
unicated there was twenty to twenty five people just on you.
Do you remember that, Yeah, So was it four to
five people or twenty to twenty five people.

Speaker 5 (01:49:49):
They were all together. It's not like there was only
four who came up on top to us or they
were all together.

Speaker 2 (01:49:57):
And when you're walking up to to Tyler Rich's house,
they're telling you to leave the property, right. And when
you're walking up to Tyler Rich's house, you see the
kids start coming out of the house, right, and at
that point, you could have turned around and went back
to the car. Right, Yes, but you didn't do that. Right.
At some point you undicated there were people everywhere, right,

(01:50:20):
and people were saying stuff. Right. It was aggressive, people
were arguing. You were arguing back, Tyler was arguing back,
and unicated. You were smaller at the time, right, much
smaller than you are today. Right. But you you felt
like you were okay at that point because you had

(01:50:41):
a knife on you. Right, So you approached kids that
had just thrown stuff at the car, right, Yes, that
had dented the car, right, Yes, that had jumped and
bounced and rocked the car right, Yes, and you were
panicked because of it, and you were worried, And you

(01:51:04):
approach these kids at that point at Tyler's house with
a knife in your pocket. Correct. Yes, At some point
in time, you make a move towards ty Wood. Correct,
you flinch like you're going to hit somebody, right, and
when that happens, you get punched by Tyler Rich. Right.
I stuck my hand for somebody too, I would ask
I wouldn't move to strike as non responsible?

Speaker 3 (01:51:26):
Fine, what's going to strike? A portion of a witnesses respond?
Afternoon I saw anything after note of the question, Please
strike from your notes.

Speaker 4 (01:51:38):
That's not to be considered evidence.

Speaker 2 (01:51:41):
And at some point you get hit in the head right,
on the left side of your head, right, and you
don't know who punched you, do you You know now
who punched you, right, But at the time you did
not know who punched you. Right. They're true that you
you thought you got hit in the head of the
bottle at that point, but it was in a bottle, right,

(01:52:03):
And you indicated on direct examination at that point everything
went black. How long would you say it went black
for it?

Speaker 5 (01:52:11):
It's impossible to tell.

Speaker 2 (01:52:13):
I have no idea, You have no idea how how
so maybe it was like two seconds longer, longer? How long?
How long?

Speaker 5 (01:52:22):
There's no way to tell you.

Speaker 2 (01:52:24):
And your face was in the ground, yeah, And all
you saw were people hitting and kicking you, right, yeah.
And you didn't see any weapons, right, And the knife
was in your pocket. And at some point people were yelling, right,

(01:52:45):
they were yelling yeah, and uh, people were uh. You
couldn't see, but people were all around you. That was
your that was your testimony and direct right, people were
all around you, but you couldn't see. So how were
you able to see if people were all around you,
if your head was in the ground.

Speaker 5 (01:53:03):
Before they hit me, there started like circling.

Speaker 2 (01:53:06):
But when you were in the ground and you were
in the fetal position, you couldn't see who was around you, right, No,
I just felt you couldn't tell if there was one
person engaging you? Right, there was way more than one.
Could you tell if it was one person that was
engaging you at that point? More than do you have
eyes in the back of your head? Do you have

(01:53:27):
eyes in the back of your head?

Speaker 1 (01:53:28):
Objection your owner argumentatives, Mister Valley.

Speaker 2 (01:53:33):
You indicated on direct examination that your head was in
the ground, right, Yes, and you were down on the
ground looking at the ground, right, And when your head
is down on the ground, could you tell if there
were two people engaging you? I could tell there was
way more than two. Could you tell if there was
one person engagement than one? Would you tell if there
were three people?

Speaker 5 (01:53:52):
And so there was way more?

Speaker 2 (01:53:53):
Could you tell if there were four people? How many
people did you see? How many people did you see
engage you when you were on the ground looking at
the ground. I just felt stuff coming from everything, So
you couldn't tell how many correct? And you still had
the knife on you at that point. Yes, And you
indicated on direct examination that you lost consciousness.

Speaker 10 (01:54:14):
How long would you say you lost consciousness for it?

Speaker 2 (01:54:18):
There's no way to there's no way to tell. So
you blacked out, right, yeah, and you lost consciousness, right.
I was at the same time. That was at the
same time. But you don't know how long it was.
Would you agree with me that the fight on the
video doesn't capture the entire fight, right.

Speaker 5 (01:54:35):
No, I'm not anywhere close to it.

Speaker 2 (01:54:36):
The video is about seventeen seconds long, right, and the
fight in its entirety is probably about twenty five to
thirty seconds long. Right. Oh, No, it's longer than that.
Was it like five minutes? No? How long would you
say it was?

Speaker 5 (01:54:51):
It's impossible to tell, especially when you're like in this situation.

Speaker 2 (01:54:56):
Forty five seconds it felt it felt it felt like
an eternity though, right. But it was about forty five seconds.
You don't know how long it was. But you lost
consciousness at some point during that and that that whole altercation, right,
And you don't know how long you lost consciousness for ye.
At some point when you regained consciousness, you took the

(01:55:18):
knife out of your pocket right now. When the knife
was in your pocket, it was closed, right, So you
had to take the knife out of your pocket, right,
your right pocket. You had to open the knife. Right.

Speaker 5 (01:55:32):
My other here was covering my head.

Speaker 2 (01:55:35):
Show in your state's ninety five picture of the is
a replica of the knife that you had that knife? Correct?
I never looked at it. You never looked at it.
But it was a it was a knife that opened
in this manner. Correct. You had to open the knife.

Speaker 5 (01:55:51):
I don't even remember opening it.

Speaker 8 (01:55:52):
You don't remember opening it.

Speaker 2 (01:55:54):
Well, was the knife opened in your right pocket when
it was in your pocket? I don't think so. Now,
so if this was the knife, or or if this
is a copy of what the knife looked like and
would have been closed in your pocket. Correct. Yeah, So
when you're on the ground, you sick, your right hand
in your pocket, you take the knife out of your pocket, correct,

(01:56:17):
and then you proceed to open the knife. Right.

Speaker 5 (01:56:20):
I don't remember my other hand I remember was the
whole time holding my hand.

Speaker 2 (01:56:25):
So you opened that knife with one hand, yes, you
were called doing that. I don't remember opening the knife.
And when you take the knife out, you have it
in your hand, your right hand, right, yes, And you
have it in your hand like this, in your fist
and the blade is up this way, yes, right. And

(01:56:50):
you say on direct examination you were flailing your arms.
Do you remember saying that? And you indicated that you
were swinging the knife right, so you stayed fifty six.
This is Ryan Hines. You remember Ryan Hines for that night? Yeah,

(01:57:12):
this is the kid that you say you pushed at
Lazybrook and then did not slam in the head with
your helm.

Speaker 5 (01:57:19):
Remember that. Yes, he's got a lot.

Speaker 2 (01:57:22):
Of facial injuries. Would you would you agree no? No,
State's fifteen eighty three. Would you agree, mister Valley that
mister Hines has contusions on his head? Correct? I see
the one on the top of his head. You don't

(01:57:43):
see the ones on the side of his head. You
don't see that his nose is broken here.

Speaker 5 (01:57:49):
On the side.

Speaker 2 (01:57:49):
It just looks like acon State's eighty four. You see
the contusion on his head. Yes, that wasn't caused by
your helmet. Did you do that that forty three? Laurel
Glen So somebody else must have done that.

Speaker 5 (01:58:11):
Yeah, I guess you have the knife in your hand.

Speaker 2 (01:58:14):
You have it in the fist right, stay take seven
and you stab Ryan Hines in his chest and puncture
his lung. Correct, yes, like this right, wasn't aiming or anything.

(01:58:35):
And you stab him in the side, he states eighty nine. Right,
that's not a swipe. Would you agree that's a stab? Right?
Sling my arm? That was a stab, right, was spirling
my arm around. So you're indicating that this is a swipe. Subjection,
your honor.

Speaker 1 (01:58:51):
I think that mischaracterizes the testimony.

Speaker 2 (01:58:54):
Sustained, states ninety one. You were flailing your arms. He
stabbed it again in the left side. Correct, So he
stabbed three times? Right, Yes, states fifty four on teal.

Speaker 12 (01:59:12):
You remember seeing him there that night, right, I think so.

Speaker 2 (01:59:19):
When you stabbed him state seventy once in the upper
extremity and his.

Speaker 12 (01:59:24):
Left arm, right, Yes, while you were flailing your arms.

Speaker 2 (01:59:29):
Yes, that's about an inch or so. Right, And at
some point they let you go. Right. And when they
let you go at that point, Tommy Connery comes over, right,
because Ryan Hines is now out of it because you

(01:59:50):
just stabbed them three times, right, they never let go.
Tommy Connery comes over, Remember Tommy Connery, state's fifty five.

Speaker 9 (02:00:01):
Let's not be coom right, yeah, and you're down on
the ground, right, you're bent over?

Speaker 2 (02:00:11):
Right, Oh, you're not bent over. You're on the ground.
And you go after Tommy Connery states seventy seven, and
you stab him four times, and it's like, correct, I didn't.

Speaker 5 (02:00:22):
Go after anybody.

Speaker 2 (02:00:24):
And at some point in time you're chased out into
the street, right, Yeah, and you fall down, you said,
according to your direct testimonies, you you fall and you
skin your your hands on the ground. That was after
that was the second time, not the first time. But
at some point in time, you go out into the street, right,

(02:00:45):
And we see that in the video.

Speaker 5 (02:00:46):
Correct, Yeah, I got thrown like the claw, right.

Speaker 2 (02:00:50):
And you run back to the car, right, and you
run back to the car and you go to get
in the car.

Speaker 5 (02:00:56):
Right.

Speaker 2 (02:00:57):
No one chased you to the car? Correct, lest I did?
They did? Okay, let's play.

Speaker 1 (02:01:01):
Let's yeah. This is exhibit sixty.

Speaker 2 (02:01:05):
This is exhibit sixteen. I need h stop it. Who's
this person right here running back to the car.

Speaker 5 (02:01:22):
As you back it up a little bit, you see
all those people right they stop?

Speaker 2 (02:01:28):
Back back it up right here? Right, These kids right here,
they're chasing you. They stopped, right, I didn't look backwards,
but they stopped right. The video shows that they're stopped
here at this point. Right, they're not They're not chasing
you up to the car. Right. The camera turns play

(02:01:51):
it again. Let just keep playing. Mm hmm. That's you, right,
and you're at the car by yourself, stiff. But do
you see any kids coming? Now? Have you left if
they're chasing you? But in the video they're not chasing you, right.

Speaker 5 (02:02:10):
I didn't look that way.

Speaker 2 (02:02:12):
My question to you is in the video, they're not
chasing you to the car, right? No? No, they play
h Now at this point, the kids are retreating back
onto the pro right.

Speaker 5 (02:02:31):
I looked. I was just looking for Tyler.

Speaker 2 (02:02:36):
To the answer to my questions, you didn't see where
the kids were retreating back to the right.

Speaker 5 (02:02:42):
I just looked for Tyler.

Speaker 2 (02:02:43):
But they didn't come after you at the car, right.
I just looked for Tyler.

Speaker 15 (02:02:46):
I don't know I would move to strike as not
responsible response.

Speaker 2 (02:02:54):
Mm hmm. You indicated on direct examination that you were
thrown into the car. You remember testifying that towards the car.
The video doesn't show you being thrown into the car,
doesn't I guess not. Now at some point in time,
you say you saw Tyler back on the lawn, right, yeah,
and you still have the knife on you at that point, right,
the knife was still out in your hand, right, and

(02:03:16):
you come back into the fight, right yeah. Mmm, Now
Tyler's being pushed into the street at this point, right, yes,
And you would agree with me that there are no
shelling kids to the right of you. Right, there's a car.
We could see a car right there, right the kids

(02:03:39):
in front of you, But there's no kids right to
the right of there's a car. We could see the
car there were we wouldn't be able to see the car. Right.
That's the street. Right, there's nobody to the right of you. Right,
there's there's a kid in front of you.

Speaker 5 (02:03:52):
There's a whole bunch of kids right.

Speaker 2 (02:03:54):
Right, there's a whole bunch of kids over here. We
can't see, but there's nobody to the right of you. Right,
there's kid that next time, there's a kid here. But
I'm saying, you're is this you right here? Yes? Right
to the right of you, do you see a kid
or a car? That's the street.

Speaker 13 (02:04:10):
That's the street, and there's a car there, right, So
there's nobody to the right of you. Right, there's a car,
there's nobody in the street, and there's nobody to the
leftew other than Tyler de Silva.

Speaker 2 (02:04:20):
Right. Yeah, So when you're going back in, there's a just.

Speaker 15 (02:04:24):
A waolings, right, it's like this, right, But you're not
surrounded at.

Speaker 5 (02:04:29):
That point, right, at that point, no.

Speaker 2 (02:04:31):
No, But you go back in and Tyler's already pushed
out into the street.

Speaker 17 (02:04:37):
Right, but really on my way back, as Tyler is
no longer engaged in the fight, right, I don't I
don't remember.

Speaker 2 (02:04:48):
You don't remember that. So you just blacked out and
ran right back into the into the fold. That's that's
your testimony to that. Being in the yard, and it
was just like a shoe horse of people, a shoe horse,
but not a circle. You were not encircled, right.

Speaker 5 (02:05:03):
Was there anybody behind me?

Speaker 2 (02:05:05):
Right? There's nobody behind you?

Speaker 5 (02:05:06):
I don't know.

Speaker 2 (02:05:07):
I don't think so. Right, So you could have if
you chose to, you could have left, You could have retreated, right,
So you could not have left because there were people
around you. Yes, So you just said there was a
semicircle of people on the yard. Now you're saying that
you were surrounded. It was like this, so semi circle, right, yeah,

(02:05:28):
not a circle was like this right.

Speaker 5 (02:05:30):
Yeah. I wasn't going to turn my back to that
many people.

Speaker 2 (02:05:34):
You weren't going to I had moved to strike as
no responsive. Your art the indicated when you made it
back to the car, you were still terrified, right, yeah,
you were still scared. You came back in anyway, right

(02:05:55):
with the knife, and you ran over to the edge
of the grass, right, and you passed Tyler right, Yes,
he passed you on your left. Correct. You indicated that
you saw Matt Lakovich, Yes, But you also indicated on

(02:06:18):
direct you couldn't see who hit you. You said you were hit. Yes,
you remember saying that you couldn't see who hit you.
I remember getting hit, but you don't know who hit you. You
were call subsequent during your direct examination, you said Matt
Lakovich hit me. I said I could have been him,
could have been But you don't know who hit you, okay.

(02:06:40):
And when you were running back into the into the fight,
you had the knife out right, yes, m M. And
people that were in front of you were defending themselves
from you, weren't they They kept coming in, They kept
coming at you while you had a knife out approaching them.

(02:07:02):
I was like, I was standing still right there. You
heard Charlie Connery yell, he's got a knife, he's got
a knife.

Speaker 5 (02:07:07):
Right, I just heard screaming I could.

Speaker 2 (02:07:10):
At the time. You don't recall hearing that during during
the incident, right, But on the video you hear hear
him yell he's got a knife, he's got a knife. Right.
And you're saying that people engaged you while you had
a knife. At this point in time, nobody backed up.
Nobody backed up, but nobody attacked you. There was stepping
forward and somebody ended up hitting me. You couldn't see
who hit you, and you couldn't see if anybody had

(02:07:33):
a weapon on him at that point. Right, At some
point you indicate that you turned around, well with run.
At some point in time, you turned right to run
back to the car. Right.

Speaker 5 (02:07:49):
Yeah, But when you're turning to run back to the car,
you see Jimmy McGrath and you stabbed him in the chest.

Speaker 10 (02:07:55):
Right, No, you seen the automsy photosta that's did you
see where his injuries happened in his upper left chest?

Speaker 8 (02:08:06):
Are you saying you didn't ask out Jimmy McGrath.

Speaker 5 (02:08:08):
In the heart. I didn't plan.

Speaker 2 (02:08:15):
Rohn moved to strike as non responsible.

Speaker 4 (02:08:18):
All strike everything after.

Speaker 3 (02:08:20):
I'm not sure we've got a response, so I will
strike the response.

Speaker 2 (02:08:25):
Isn't it true? You just you just testify that I
didn't want to turn my back on these people, right, Yes,
but you turn your back on these people when you
were when you were trying to get out of there, right,
I was facing backwards. You were facing backwards, So you're
facing the group. And what are you backing up like this?

Speaker 5 (02:08:43):
No, I was standing at and you're not backing up, right, you're.

Speaker 2 (02:08:47):
Not backing up. And as a matter of fact, this
is Jimmy McGrath on the left here right, Yes, and
he doesn't have a weapon. It doesn't. He's not engaging you.

Speaker 5 (02:08:58):
He stepping forward, he's stepping forward. They're all stepped forward.

Speaker 2 (02:09:06):
But he doesn't have a weapon on.

Speaker 5 (02:09:07):
It doesn't not that I saw.

Speaker 2 (02:09:11):
And it would be unfair for somebody who doesn't have
a weapon to be stabbed by somebody who does. Right.
I didn't try to stab anybody, but you stab him, didn't. Yes,
you turned around and stabbed Jimmy McGrath in his chest,
So you didn't stab him and see it happened. I
didn't feel me stabbed.

Speaker 5 (02:09:29):
I didn't go up to him and stab him.

Speaker 2 (02:09:32):
Are you saying it with somebody else that stabb Jimmy McGrath.

Speaker 5 (02:09:34):
I'm the only one with a knife.

Speaker 2 (02:09:36):
Coret, and you were the only one with the knife,
and you turned around and you stabbed Jimmy McGrath in
the chest and then you left.

Speaker 4 (02:09:42):
Right.

Speaker 3 (02:09:45):
Yeah, it's not here, ladies and gentlemen, Jerry are going
to will come back and this examination and then mostly
if there's any way direct okay, thank you and your
mon to please again.

Speaker 4 (02:10:05):
And there the roles that felt all right.

Speaker 2 (02:10:15):
Of course, back in session, the Honorable Judge Murphy resigned.

Speaker 1 (02:10:18):
Good things happening.

Speaker 4 (02:10:22):
You may be seated, Thank you. M By this time,
I would direct the defendant, mister Valley, to please retake
the witness to I'll just imagine that you did your
under the obligations to you. I thought you check anyone
to welcome back vies of gentlemen. Jerry Council pleased to

(02:10:42):
be to the return of our times state defense. I
alter the state to continue, Smity.

Speaker 2 (02:10:55):
Soldo. After you stabbed Jimmy McGrath on May fourteenth to
twenty twenty two, you indicated on direct examination you dove
towards the car, remember that. Yes, And then you indicated
you got into the front passenger seat of the car.
Right yes. And when you got in the front passenger

(02:11:16):
seat of the car at that moment, Tyler de Silva
wasn't in the car at that moment, was he?

Speaker 5 (02:11:21):
No?

Speaker 2 (02:11:22):
Tyler got in a few moments after you, right yes.
And before Tyler de Silva gets in the car, you
tell Jack, oh my fucking god, I just stabbed four kids. Correct.

Speaker 5 (02:11:35):
No. When I first got into the car, he tried
to drive off.

Speaker 2 (02:11:38):
And I said, wait, So you don't admit to Jack
that you stabbed four kids. No, but you would agree
with me that in hindsight, you did stab four kids. Right.

Speaker 5 (02:11:49):
I don't know who I stabbed from where I stabbed him.

Speaker 2 (02:11:52):
I'm gonna ask a very simple question. It requires the
yes or no answer. You would agree in hindsight that
you stabbed four kids. Correct.

Speaker 5 (02:12:00):
I don't know who got stabbed or where they got stabbed.

Speaker 2 (02:12:03):
As you sit here today, you would agree that you
stabbed four kids. Correct. Yes. So at some point Jack
Tyler gets in the car, right yes, and the car
is facing by me.

Speaker 5 (02:12:17):
A personal.

Speaker 2 (02:12:22):
States one. The car is facing Adam's drive, correct, and
you get in the car and Jack drives straight, correct, Yeah,
and he takes a left down Adams drive right. So
you were not paying attention as to where you were driving.
But at some point in time, very shortly after you

(02:12:44):
getting in the car, the car stops in a cul
de sac, right, I don't know where it stopped, and
you get out of the car with the knife and
throw it into the woods. Correct. So your testimony today
is that you get out of the car, you tell
Jack to stab right. Yes, you get out of the car, right.

(02:13:04):
And at that moment, the one thing you were concerned
about was looking at your ribs. That was your testimony
in direct Yeah, I had a very sharp pain. You
weren't concerned with the fact that you just stabbed four
kids at that point, right, I didn't know who got
stabbed or where they got. You were called stabbing some
kids at the party, right, I was just flailing my

(02:13:27):
arm around. So you had no idea you stabbed stabbed
anybody at the house. You were just flailing back and
forth like this, swiping motions everything. When you got in
Jack's car, you didn't call the police at that point,
did you. No? In fact, after you drove when you

(02:13:49):
first got to forty three Laurel Glenn and you drove
down the street, you didn't call the police at that point, right,
And you didn't call the police when you got out
of the car down the street at the intersection of
Laurel Len and Farmhouse Lank rightt No. And you didn't
call the police just slightly before you went back to
forty through Laurel Glenn. Right. So at some point you

(02:14:12):
get back in the car after checking your ribs, right,
just you determined you were okay, there was no nothing
was going on. You use the light, the light from
inside of the car, right, that's your testimony. Yes, you
get back in the car and you drive back to
where Will Mackenzie, Dimitri and Keene right, there was nobody like,

(02:14:35):
there was nobody there.

Speaker 5 (02:14:36):
They were in the car.

Speaker 2 (02:14:38):
So Mackenzie sister was already there. Yes. But so my
point is you drove back to the area where those
kids were your friends, right, and your girlfriend.

Speaker 5 (02:14:49):
Yes.

Speaker 2 (02:14:50):
And at that point you say to Jack and Tyler
stop stop the car, right, yes, and you say I
love you guys, I'm going with Kenzie. Right, I don't
remember if I said anything.

Speaker 5 (02:15:04):
I just remember going and getting.

Speaker 2 (02:15:05):
In and you get out of the car. Yes, and
they take off, Tyler, and Tyler gets in the front seat.
You were called Tyler getting in the front seat. They
take off, right, You remember seeing them take off. You
don't remember. You just remember you getting in the car
and that's it.

Speaker 5 (02:15:21):
And then we drove off.

Speaker 2 (02:15:23):
Now, you were in Mackenzie's car and you were listening
to music. Yeah, it was a quiet ride right outside
of the music, there was no talking, right, Keenan talked
to me, Kane was talking. And when you got into
McKenzie's sister's car. You didn't call the police at that point, right,

(02:15:44):
because you were shocked, Right, you were shocked at that point. Panic.
Then you indicated that you didn't. You don't. You didn't
realize you stabbed anybody, but you were still in a panic. Yeah,
and you indicated that you didn't. You dropped off Keenan
and Dmitri, Right. Yeah, Mackenzie was still upset. She didn't

(02:16:05):
want to talk to you. Yes, In fact, when she
dropped they dropped you off in Milford, you asked to
talk to McKenzie, right, Yes, since you would not talk
to you, right, Yes, And you got inside your house, yes,
And you got inside your house after midnight, right, I
don't remember the time. It was late, right? Would you
agree that the video from thirty six Laurel Glen has

(02:16:32):
eleven forty when you initially go down the street in
about eleven fifty three, when you're taking off and leaving
the area for good, do you recall that, I'm not
sure what time it was, but it was.

Speaker 5 (02:16:43):
Late, right, yeah?

Speaker 2 (02:16:45):
And your your mother's packing for Florida and your brother's
packing for Florida. Yes, because you had an early flight
and you weren't going at that point, right, just prior
to coming home, you were not going to Florida, yes, right,
But when you got home, you just said you were
going to Florida at that point, right when my mom
had asked me, Yes, and you told your mother what

(02:17:07):
had happened. Right, there's some pieces And at that point
in time, he didn't call the police. He didn't tell
them your side of the story.

Speaker 5 (02:17:18):
Right, even after the police never asked me.

Speaker 2 (02:17:23):
Would I moved to the strike as non responsive? You?

Speaker 3 (02:17:26):
How does strike feeling as this testimental following responsive? Now?

Speaker 2 (02:17:32):
So you didn't call the police that night. Right. As
a matter of fact, while McKenzie is driving home, she
engaged engages in a text message with you. Right, Yes,
State's ninety seven around twelve twenty six am.

Speaker 12 (02:17:54):
Right, this is when the text messages are going on.

Speaker 2 (02:17:57):
You're already home at this point, right, Yes, she's driving
home at this point. Right.

Speaker 5 (02:18:04):
I have no idea you texted her.

Speaker 2 (02:18:06):
You texted with each other shortly after her dropping you walk.

Speaker 5 (02:18:08):
Right, I don't remember when I just knew I texted or.

Speaker 2 (02:18:12):
That within how long? How long were how long were
you home before you started texting? You don't recall. But
at any event, you talk to your girlfriend and you
tell her I didn't do anything. I wasn't there stop texting.

Speaker 5 (02:18:30):
You know that was a lie, right, Yeah, I was
just panicking. I didn't know what to say. State's ninety eight.

Speaker 2 (02:18:41):
Again, I wasn't there.

Speaker 12 (02:18:43):
That was a lie, right, because you were there, right.

Speaker 2 (02:18:46):
Yeah, State's ninety nine. Don't text me. I'm going to Florida, right. Yeah,
So at that moment in time, what you thought was
important was to go to Florida instead of calling the police, right,
I didn't know what to think. My question to you
is at that point in time, you decided to go

(02:19:07):
to Florida instead of calling.

Speaker 9 (02:19:09):
The police, right, No, what I was I call the
police in this moment?

Speaker 2 (02:19:15):
Right? So at that point in time, you said, I'm
going to Florida, right, and you told me can that right?
You didn't say I'm calling the police, right, because you've
told her you weren't there, right. I was just freaking out.
I didn't really know what to say. States one hundred.

(02:19:38):
I can't text anything. I wasn't there. You can't text
anything because.

Speaker 12 (02:19:43):
Why because you're afraid of making an admission.

Speaker 2 (02:19:48):
And again you're saying I wasn't there.

Speaker 12 (02:19:49):
That's three times you're telling your girlfriend who was with
you at the scene.

Speaker 2 (02:19:52):
That you weren't there, right, Yes. So you go to
Florida early the next day with your mother and your brother,
right yes? And you were going to Florida to see
your other brother, right yes? And what was your other
brother doing in Florida living? Where was he living? And
Stuart Florida, Stuart, and you were down there for a day.

Speaker 5 (02:20:14):
I don't remember how long hours on?

Speaker 2 (02:20:18):
Do you remember flying home with your mother on Monday night,
the sixteenth of May. I remember flying home. I don't
remember exactly what day it was. You indicated on direct
examination that you found out the severity of what had
happened when you were in Florida. Right, yes, Now, who

(02:20:39):
did you find that out through?

Speaker 5 (02:20:42):
I can't remember exactly, but one of my friends had
texted me.

Speaker 2 (02:20:46):
One of your friends had texted you. And when you
found out the severity of what had happened while you
were in Florida, you didn't call the police at that
point either, did you? Do you recall the day that
you flew home. We're looking at a document helped the
refresher recollection. Sure may approach the witness roomer. You remember refreshments,

(02:21:09):
the wind you came home. Yeah, when did you come home?

Speaker 5 (02:21:15):
You showed me that till like seven.

Speaker 2 (02:21:18):
Ten on the sixteenth, Right, And at some point in
time on the sixteenth, were you aware that there was
a warrant for your arrest? I think at that time? No, no,
And you indicated that the next day you slept late.
Were you sleeping in the afternoon? You were sleeping, And

(02:21:41):
at some point you found out that there was a
warrant for your arrest, Right, But you didn't turn yourself
in when you woke up, right, I got in the
car with my dad. And isn't it true you didn't
turn yourself in until four in the morning on Wednesday
the eighteenth, Yeah, it was around that time, So it
wasn't the next day after you got home from.

Speaker 5 (02:22:00):
Florida, right, I don't remember when I was.

Speaker 2 (02:22:04):
At some point in time after the incident. On May
fourteenth to twenty twenty two, Tyler to Silva texts you
or calls you on the phone rather, do you remember that?
And you had a conversation with him, right, and you
told him you fucked up? Right?

Speaker 5 (02:22:21):
I called him and he never answered.

Speaker 2 (02:22:24):
So on the eighteenth of May, when you turn yourself in,
the police took pictures of you. That counsel what went
through with you? Right? And this is a picture stage
thirty four. That's a picture of the front right side
of your face, right, Yes, no blood, no.

Speaker 12 (02:22:46):
Serious contusions like Ryan Hines.

Speaker 2 (02:22:49):
Right.

Speaker 5 (02:22:50):
This was days after days after your a quick healer. Yes,
pictures of Ryan Hines for the same day. I think.

Speaker 2 (02:23:00):
It's thirty five. No serious contusions on your face, right, No, no,
no serious black and blues, right, this is right? Those
were this is days. This was three days later.

Speaker 4 (02:23:13):
Right, I don't know how many days.

Speaker 2 (02:23:18):
State's thirty six.

Speaker 12 (02:23:20):
A little bit of the black and blue on your
on your left eye there.

Speaker 2 (02:23:23):
Right, but nothing nothing huge right.

Speaker 1 (02:23:27):
Right, objection your speak for themselves. He's asking them to
give an opinion on a.

Speaker 2 (02:23:34):
Yeah, right, you don't have a serious black and blue
on your right right, that's not States thirty seven the
rear of your head. You can't really see any serious
contusions on the back of your head in this in
this picture right.

Speaker 5 (02:23:53):
Four days later, let's see one.

Speaker 2 (02:23:55):
You see one? Where do you see it? Left side
on the left side, right, so you have States thirty eight.
We can show that right here again, not really that
area there fort yas later. Doesn't really look like the
black and blues that Tommy Connery had a month later.

Speaker 12 (02:24:14):
Right, doesn't really look like the black and blues that
Ryan hines on the head on the side of his body.

Speaker 1 (02:24:21):
Pug actually on are asking him to make a comparison
between somebody else's injuries and what are in these photos.
It's improper.

Speaker 2 (02:24:32):
Can you have a scratch mark? States forty right, it's
a little.

Speaker 12 (02:24:37):
Scratch mark on your right shoulder, right hand, right arm.

Speaker 5 (02:24:39):
Yes, State's forty two.

Speaker 2 (02:24:41):
No real marks on your hands right, the state's forty three. Again,
no marks on your hands? Right? So just to confirm
I May fourteenth to twenty twenty two, you were the
only only one with a knife at Tyler Richard's house.

Speaker 5 (02:25:02):
Correct, have no idea.

Speaker 2 (02:25:05):
Did somebody else have a knife at Tyler Richard's house?

Speaker 3 (02:25:09):
Not that I know.

Speaker 2 (02:25:11):
You didn't see anybody else with a weapon that.

Speaker 5 (02:25:12):
Night, right, I didn't look for any weapons. You didn't
see any, did you?

Speaker 2 (02:25:17):
You didn't see any, did you? I didn't look. There
were four people that were stabbed that night, right, Yes,
and those four people had nine stab wounds. Correct, I
believe so, yes, And you're the one responsible for that.

Speaker 5 (02:25:35):
Correct the time, I didn't know who got stabbed, or
where they got stabbed, or when they got stabbed.

Speaker 2 (02:25:44):
You're the one who was responsible for those stab woms.

Speaker 5 (02:25:46):
Correct, I don't know. I guess so yes. For the questions,
do I think?

Speaker 2 (02:25:55):
Did yeah? Breaklear on.

Speaker 1 (02:26:00):
Mister Valley. Do you remember mister Durso asking you about
having an interaction with some of the Shelton High kids
at the intersection of Laurel Glenn and Farmhouse Lane. Yes,
And we saw a video of vehicle coming by, and
you testified that that's when mister Snyder gave you the knife.

Speaker 2 (02:26:19):
It tossed it to me.

Speaker 1 (02:26:20):
Yes, and then you saw some of those Shelton High
kids come up and approach you.

Speaker 2 (02:26:26):
Right yes, you had the knife then, right yes.

Speaker 1 (02:26:30):
And you got sprayed in the space with WD forty Yes,
why didn't you use the knife?

Speaker 3 (02:26:37):
Then?

Speaker 2 (02:26:39):
I wasn't in fear of my life? I had no
reason to use it.

Speaker 1 (02:26:43):
You went back down to forty three Laurel Glenn drive
in Jack Snyder's car. Right yes, you had the knife
that Jack Snyder had given you at that point, right yes,
you used it. Then you used it when you got
down there and you were confronted with those kids in
your on the ground as you've described for us here.

Speaker 2 (02:27:01):
Yes, why so, like the only thing that was going
to save me nothing further Valley, you had the knife
when you're down at the corner of farmhouse lay in
Laurel Glynn, Right yes, And you willingly got back into
Jack's car, right yes. And you went back to Tyler

(02:27:26):
Rich's house, right yes. And you willingly got out of
the car at Tyler Rich's house, correct to make peace.
You got out of Tyler Rich's car with the knife. Correct. Yes,
and you walked onto the property at that point, correct, Yes,
you had no right to be there. Correct, I don't know.

(02:27:48):
You didn't have an invitation to be on the property.

Speaker 5 (02:27:49):
Correct when we first arrived. It's not like I came
and threw us out or anything.

Speaker 2 (02:27:55):
Well, you've told us before, sir, that you were scared
and panicked for your life when the kids were rocking
and throwing things at the car. Right, You didn't want
to be there in that situation, right, Yes, but you
went back with a knife to tell the richest house,
the very same house that you were in the car
and with things being thrown at where you were panicked
and scared.

Speaker 5 (02:28:15):
Right, A knife was already in my pocket.

Speaker 2 (02:28:19):
Right, Yes, But you went back to that house where
you said you were panicked and scared in the car
minutes before when they were rocking and throwing things at
the car. Correct, And you got out of that car
with the knife to go confront those kids. Right.

Speaker 5 (02:28:34):
I didn't go and confront them, because I But.

Speaker 2 (02:28:36):
You got out of the car with the knife, right,
and you walked on the property.

Speaker 18 (02:28:39):
No further question, nothing further your honor, as you call it,
such a intended cale any additional witness.

Speaker 1 (02:28:51):
The defense does not your owner. The defense would rest
the stands.

Speaker 2 (02:28:55):
A moment in your own state, has no further winnings
to state.

Speaker 4 (02:28:59):
Rest some everybody.

Speaker 1 (02:29:04):
At some point may the jury be excused for legal arguments.

Speaker 4 (02:29:08):
But at this point in time, I am actually go senagery.
You want the senagery at home at.

Speaker 1 (02:29:17):
This point, that's fine, no objection.

Speaker 2 (02:29:19):
You're all right, so is.

Speaker 4 (02:29:21):
Going to release the jury this day? Okay, So I
just want.

Speaker 6 (02:29:27):
To remind you that we are at the part of
the trial where you have heard all.

Speaker 4 (02:29:35):
Of the evidence that you're going to hear in this case. However,
you've not yet heard closing arguments.

Speaker 3 (02:29:41):
You have not yet heard the instructions regarding the law
that you are to apply to the.

Speaker 6 (02:29:46):
Fact you find in this case, as such as in
my prior instruction too, on your own, you're not at
a point where you can discuss this case with anyone,
including each other. So you're not at that point, despite example,
you coward all the elements.

Speaker 4 (02:30:03):
So it may seem naturally that you are at.

Speaker 6 (02:30:05):
The phase where you can talk about this with your
fellow jury, but you cannot, right, So you need to
continue to abide by that instruction until such time that
I tell you that you are able to go ahead
and conduct your deliberations.

Speaker 4 (02:30:20):
So we are going to a cham with respect to
really right now for the day you are able to leave.

Speaker 6 (02:30:29):
Again, we will not be having poor promise amount of
tomorrow and next to you on July third at.

Speaker 3 (02:30:35):
Each time over day to expred closing love means and
the instructions and then there after deliberations by.

Speaker 1 (02:30:42):
You the journey.

Speaker 4 (02:30:43):
Okay, so please again remember not to discuss the case
that anyone.

Speaker 6 (02:30:49):
Do not take in any information about this case. Try
to enjoy the media aspect as you can really as
a media attention on this pace that includes social media
and new coverage. So if you can, please avoid those
horrible much appreciate it that we don't have to deal
with any conflicts when you come back. Also, again, if

(02:31:10):
you're offend locations sided than discuss, do not do any blogeise,
do not look up any locations any other term of
mapping device and has been at least Please do not
product your own independent research or investigation into this case,
because you are going to be instructed to decide to
caase based only on.

Speaker 4 (02:31:29):
The evidence presented here.

Speaker 3 (02:31:31):
In this cano, but that have a good afternoon, have
a good day tomorrow, or revisity of that happens day.

Speaker 4 (02:31:37):
Thank you so much for your inca.

Speaker 8 (02:31:40):
Jurnny Smith.

Speaker 4 (02:31:41):
You wanted to present legal argument.

Speaker 1 (02:31:43):
Yes, Jarana. At this point we would move for a
motion of judgment of acquittal under Practice Book forty two,
Dash forty two. The state's evidence has closed. We made
our motion at that time. We've now heard from mister Valley,
and I renew my motion, and I would direct the
court to the cases of State versus Harpenter to fourteen Con.
Seventy seven. It's a nineteen ninety two case, and State

(02:32:05):
versus Thomas two ten Con. One, a nineteen eighty nine case.
And the standard here is well known to the court.
This is to be viewed in the light most favorable
to the state. But even when viewing that light, viewed
in that light, this evidence is insufficient for this jury

(02:32:25):
or any jury to find beyond a reasonable doubt that
mister Valley had the specific intent to murder anyone, that
mister Valley had the specific intent to assault Tommy Connery
or to assault Ryan Hines. And more so, even with
regard to mister Faison, Teal, which is the assault in

(02:32:47):
the second degree charge. The evidence as to mister Teal,
candidly is is we heard the least about it. We
really don't have any indication of what the mechanism was.
Mister Teal couldn't be sure how he got cut or

(02:33:08):
what exactly it was that cut him, and we haven't
heard any evidence of anybody viewing that happening. And so
it has to be simply an inference that a juror
would draw that in the course of this brawl and
this chaotic scene, that somehow mister Valley cut mister Teal.

(02:33:29):
I would submit that that is an inference that is
unreasonable to draw on this evidence that we have before us.
Specific intent is not simply general intent. So the fact
that mister Valley has testified here that he was flailing
around with the knife trying to defend himself is not

(02:33:51):
sufficient to show the specific intent to stab Tommy Connery,
the specific intent to stab face On Teal, or the
specific intent to stab Ryan Hines, or the specific intent
to stab Jimmy McGrath. As to the other elements, candidly,

(02:34:13):
we have conceded those elements by raising a self defense
claim that doesn't, however, mean that the state prevails even
when you view this evidence and the light most favorable
to the state that they have shown beyond a reasonable doubt.
For these factfinders, the mister Valley possessed the specific intent

(02:34:36):
to murder or to assault any of the injured in
this case. Consequences are tragic, but it simply doesn't tip
the scales any further and allow this jury or any
other jury to find again that the state has proven

(02:34:58):
specific intent. The evidence there is equivocal at best, but
in no way does it reach that highest standard and
overcome it. And we would ask the court to grant
the motion for judgment of acquittal as to all the charges.

Speaker 2 (02:35:14):
Jorona, thank you. I would just first start by saying,
the defendant has testified and is now subject to the
same credibility instruction that every other witness is subject to
when you charge the jury. The jury is fruity believe all,
some or none of the defendant's testimony, and that's up
to the jury. I would submit that there are a

(02:35:37):
lot of inconsistencies in the defendant state testimony, and I
would submit that the defendant was caught in a lie
multiple times in his testimony, and I would submit that
that would have an impact on this jury with regards
to the defendant specific intent. Should the jury believe that
the defendant went back there with a knife, his intent
was purposeful, and that he took that knife out in

(02:36:01):
his right pocket, opened it up and started stabbing the
people that were before him. There was evidence that Faison Teal,
Ryan Hines, and Tommy Connery were in the vicinity of
where mister Valley was. He stabbed Ryan Hines Faison Teal. First,
they were stab wounds, not slashes, so the jury can

(02:36:22):
infer from the circumstantial evidence from Faison Teal that his
wound was a stab wound purposeful not slash. There with
some testimony from doctors with regards to that, the jury
could also view mister Hines's evidence that he was stabbed
purposefully this way, not a slash wound or flailing around.

(02:36:47):
The jury can infer the defendant's intent from that. With
regards to Tommy Connery, there was evidence that the defendant
was down almost on one knee, that he purposefully went
at Tommy Connery and stabbed him four times in the leg.
And with regards to Jimmy after he came back from
the car. When mister Disilble was no longer in harm's way,

(02:37:10):
he turned right at Jimmy and purposefully went on him
and stabbed him in the heart. Didn't slash him, stabbed him.
I would submit that the jury's going to get an
instruction that intent can be formed in an incidant, and
they could also infer from the circumstantial evidence should they
not believe the defense testimony that the number of wounds inflicted,

(02:37:35):
the area of the bodies where the wounds were inflicted
all points to the specific intent of the defendant.

Speaker 5 (02:37:43):
On May fourteenth of twenty twenty two.

Speaker 2 (02:37:46):
So I think, when you view all the evans and
the light most favorful to the state, your honor, I
think the defendant's argument fails, and I would ask you
to deny it at this point.

Speaker 3 (02:37:54):
So this motion being made at the close of evidence,
in accordance with our rules of practice, the court is
to take the motion under consideration and for a decision
until the jury returns its verdict. So again, there won't
be any court proceedings tomorrow on this particular matter, and
we will see everyone back on Thursday.

Speaker 4 (02:38:18):
Word, I wouldn't start to find a council please at
some point just to touch basically for.

Speaker 3 (02:38:24):
An informal charging conference, I intend to be on the
record Untuly third in the morning.

Speaker 4 (02:38:30):
We'll start with the formal charging conference on the record,
at which in.

Speaker 3 (02:38:35):
Time thereafter were moved to closing the humans, and then
the world will charge the jury.

Speaker 4 (02:38:42):
Thank you,