TRANSCRIPTS
V
I R G I N I A :
IN THE JUVENILE AND DOMESTIC RELATIONS COURT OF
ARLINGTON COUNTY
- - - - - - - - - - - -X
XXXXXXXXXX, :
Petitioner, :
vs. : Case No: JA-19692-03-00
JOHN McKEE QUEEN, :
Respondent. :
- - - - - - - - - - - -X
October 17, 2006
Arlington, Virginia
The above-entitled matter came on for
hearing before THE HONORABLE GEORGE D. VAROUTSOS, a
Judge in and for the Juvenile and Domestic Relations
Court of Arlington County, Virginia, in Courtroom
4B, beginning at 10:00 a.m., before XXXXXXXXXX, a
Verbatim Reporter, when there were present on behalf
of the respective parties:
APPEARANCES:
On behalf of the Petitioner:
TIM BEASON, ESQUIRE
LEGAL SERVICES OF NORTHERN VIRGINIA
1916 Arlington Boulevard, Suite 200
Arlington, Virginia 22201
On behalf of the Respondent:
SCOTT SUROVELL, ESQUIRE
SUROVELL, MARKLE, ISAACS & LEVY
4010 University Drive, 2nd Floor
Fairfax, Virginia 22030
STEPHEN R. PICKARD, ESQUIRE
STEPHEN R. PICKARD, P.C.
115 Oronoco Street
Alexandria, Virginia 22314
C O N T E N T S
E X A M I N A T I O N
WITNESSES DIRECT CROSS
XXXXXXXXXX 8 21
-2-
1 P R O C E E D I N G S
2 (Whereupon, the court reporter was duly
3 sworn by the Court.)
4 THE COURT: So Surovell and Pickard?
5 MR. SUROVELL: Yes, sir.
6 MR. PICKARD: That is correct, Your Honor.
7 Mr. Surovell will handle the hearing this morning.
8 THE COURT: So on October 2nd, Kristen
9 XXXXXXXXXX appeared at an ex parte proceeding. A
10
preliminary protective order was issued, returnable
11
until today. The respondent was served. She was
12
recognized to be here today and on November 16th.
13
She requested that he be released and get alcohol
14
treatment. So this is scheduled for a protective
15
order hearing today. Does she desire to proceed
16
with a protective order hearing?
17
MR. BEASON: Yes, she does, Your Honor.
18
THE COURT: Okay. Are you asking to have
19
the hearing today, or are you asking to get a date?
20
MR. SUROVELL: No, sir. We would like a
21
hearing today.
22
THE COURT: Okay. You can for good cause
23
shown have the proceedings continued. Sometimes, if
-3-
1 there's an ongoing criminal case, the defendant
2 likes to have it heard at the same time or following
3 the criminal case. But you want to have it today?
4 MR. SUROVELL: Yes, sir.
5 THE COURT: Okay. So we allow like five
6 minutes for a protective order hearing. It's going
7 to take a little bit longer than that?
8 MR. SUROVELL: Yes, sir.
9 THE COURT: So, ideal situation, we should
10
have known that it was going to take longer. But
11
okay.
12
MR. SUROVELL: Just for future reference,
13
should we advise the clerk if it's going to take
14
longer than five minutes?
15
THE COURT: We would still have to have it
16
today, because it has to be done within 15 days.
17
But at least we would sort of know that. But the
18
only reason we only allow a few minutes is because
19
these cases rarely have a full hearing. But when
20
they do, it really creates a problem, delaying the
21
other cases. But we have to take them. And you're
22
here now, so we're going to go ahead and proceed
23
with the case.
-4-
1 Now, you filed a subpoena for records. Is
2 this the same subpoena that was filed in the
3 criminal case, same type of subpoena?
4 MR. SUROVELL: Yes, sir.
5 THE COURT: Okay.
6 MR. SUROVELL: The standard is different
7 in a civil protective order proceeding than it is in
8 a criminal case, Your Honor. In this particular
9 proceeding, the petitioner has specifically put
10
these events at issue in a protective order
11
affidavit, whereas in the criminal proceeding Judge
12
Wiggins --
13
THE COURT: But if you have the hearing
14
now, it will be too late to get the records for the
15
hearing.
16
MR. SUROVELL: I understand, Your Honor.
17
But the problem is: Under HIPAA -- healthcare
18
information and privacy and protection -- you have
19
to set a subpoena for records out at least 15 days
20
upon the date requested. The requested was, I
21
think, within a couple of days of when -- We were
22
retained when the last hearing was. But because of
23
the way this --
-5-
1 THE COURT: Well, do you want to argue the
2 subpoena request first and then see if you want to
3 ask for a continuance in the protective order case?
4 MR. SUROVELL: Well, I wasn't aware that I
5 need to argue anything to issue a subpoena in this
6 court. But --
7 THE COURT: Okay. Then it will be issued
8 then, if there's no objection to it.
9 MR. BEASON: Well, Your Honor, I am not
10
aware of what -- I didn't get a copy of any
11
subpoena. Of course, I've just made an appearance.
12
THE COURT: You can look in the file. And
13
you can object to it, if you want.
14
MR. BEASON: Your Honor, if he's going
15
forward with it today, then it's sort of almost a
16
moot point.
17
THE COURT: Almost. Well, protective
18
orders can be reviewed any time, if they're issued,
19
you know, up to -- And they can be issued up to two
20
years.
21
So are there any preliminary matters or
22
opening statements?
23
MR. BEASON: Yes, Your Honor. I'd like a
-6-
1 rule on witnesses -- and I do have an opening -- if
2 there's anybody else here. I don't know that
3 there's anybody else here.
4 MR. SUROVELL: I don't think there's any
5 other witnesses besides the parties.
6 THE COURT: Everyone that's going to be a
7 witness, please stand and raise your right hands.
8 (Whereupon, the petitioner was duly sworn
9 by the Court.)
10
THE COURT: All right.
11
MR. BEASON: Your Honor, Tim Beason with
12
Legal Services.
13
On or about the morning of October 1, our
14
evidence is going to show that Mr. Queen, the
15
boyfriend of Ms. XXXXXXXXXX, was intoxicated, he
16
attacked her, he strangled her, picked her up by the
17
neck, carried her from one room in their home to the
18
other room. She begged him to stop. She began to
19
see stars. It was very painful. The police were
20
called. Mr. Queen was arrested. My client had to
21
go get an MRI. And there's also going to be -- our
22
evidence is going to have some photography, some
23
evidence to show that he did, in fact, strangle her.
-7-
1 And we're going to ask
for a two-year
2 protective order, Your Honor. Thank you.
3 THE COURT: All right. Does the
4 respondent have any opening statements?
5 MR. SUROVELL: I don't have any opening
6 statement, Your Honor.
7 THE COURT: All right. Your first
8 witnesses is?
9 MR. BEASON: Okay. Ms. XXXXXXXXXX.
10
THE COURT: Please have a seat in the
11
witness chair. Good morning.
12
MS. XXXXXXXXXX: Good morning.
13
Whereupon,
14
XXXXXXXXXX
15
the petitioner, was called for examination by
16
counsel on her own behalf and, having been
17
previously duly sworn by the Court, was examined and
18
testified as follows:
19
DIRECT EXAMINATION
20
BY MR. BEASON:
21
Q Ms. XXXXXXXXXX, would you state your name and
22
your current address?
23
A XXXXXXXXXX.
-8-
1 COURT REPORTER: Please ask her to speak
2 up. I didn't hear the address. I'm sorry.
3 MR. BEASON: Please speak up louder and
4 speak into the microphone.
5 BAILIFF: It doesn't work.
6 MR. BEASON: Oh, okay.
7 BY MR. BEASON:
8 Q Well, just speak up then.
9 A XXXXXXXXXX. My address is XXXXX XXXXXXX
10
XXXXX XXXXXXX, XXXXX XXXXXXX.
11
Q All right. And on October 1st were you
12
living with anyone?
13
A I was living with Jon Queen.
14
Q Okay. Had he moved into the apartment
15
previously?
16
A Yes, he had.
17
Q And what kind of relationship did you and
18
he have?
19
A He was my boyfriend.
20
Q Okay. And I want to draw your attention
21
to the morning of October 1st. Do you remember that
22
day?
23
A Yes, that's Sunday morning.
-9-
1 Q Okay. Sunday morning, about 7:00 a.m.,
2 what occurred at that time?
3 A At approximately 7:00 a.m., when we
4 arrived home at the address where we lived, I went
5 into the house. He laid on the couch. I got in the
6 shower.
7 Q Okay. And what happened subsequent to
8 that?
9 A At approximately 9:00 a.m. he came and got
10
in bed. I was in bed. He mumbled something about
11
not wanting a Ukrainian girl. Then --
12
Q He mumbled something about what?
13
A Not wanting a Ukrainian girl. And then he
14
started getting angry about an incident that had
15
occurred in August. Then he made a phone call.
16
Then he started being angry and said, "I'm leaving.
17
I'm getting my stuff." And he got out of bed and
18
walked into the office. And I got out of bed. I
19
was naked and I was wrapped in a blanket. And I
20
followed him into the office.
21
Q You guys were having an argument of some
22
kind?
23
A Not really.
-10-
1 Q A discussion?
2 A A discussion. I wasn't arguing. I was
3 just laying in bed, listening to what he had to say.
4 We weren't in an argument. It didn't make any
5 sense, what he was talking about.
6 Q Okay. And what happened after that?
7 A We were standing in the office. He was
8 putting stuff in bags. I was standing there with a
9 blanket wrapped around me. I said, "You know, you
10
left me last night, abandoned in D.C." He said that
11
he was with my girlfriend looking for me in a car.
12
So I called my girlfriend on the phone.
13
Q Okay. We don't have to know --
14
A And then I picked up his laptop. I was on
15
the phone with my girlfriend. And when I picked up
16
his laptop, he took the laptop and was looking at
17
it. At the same time he took the laptop, he grabbed
18
me by the neck.
19
Q Okay. All right. What happened after he
20
grabbed you by the neck?
21
A I was facing him when he grabbed me by the
22
neck and the throat. Then I was twisted around so
23
my back was to him. He carried me by my neck and my
-11-
1 throat out of the office
through the living room. I
2 was then lifted and thrown onto the loveseat. My
3 neck hit the armrest part of the loveseat. My legs
4 were together. He then straddled me and sat on me
5 and my lower body, so I couldn't move my lower body.
6 He then continued to strangle and choke me.
7 Q Were you yelling anything?
8 A I couldn't breathe. I was pleading and
9 pleading, "Please stop. Can't breathe," numerous
10
times. I don't know if he heard me. I remember
11
saying these things in my head, but I don't know if
12
I was able to vocalize them. I said to him numerous
13
times, "Please stop. Can't breathe." He had a
14
glossed over look on his face. I was trying to grab
15
at my throat, but it didn't matter; I couldn't.
16
He's bigger than me. And then I tried to scratch
17
him with my fingernails. But at that point I didn't
18
have any energy left, because I wasn't breathing,
19
and I saw my arms fall down to my sides. I couldn't
20
feel my arms anymore; they went limp. And I was
21
looking at him still, and I started to see stars and
22
go dizzy. And then my body went limp and my head
23
went to the side. And I knew that I was dying and
-12-
1 that I wouldn't see my
family again.
2 Q Let me ask you: Right before he picked
3 you up by your neck or he grabbed at your neck, what
4 was his demeanor?
5 A He was just standing there.
6 Q Was he sober?
7 A I thought he was. I wasn't sure. He
8 wasn't making any sense. He had that stone cold,
9 quiet, angry look. He was mad. I was sober.
10
Q Okay. Now, I want to make sure that I
11
have the description. When he had his arms around
12
your neck, did he push you and you backed up into
13
the next room, or actually your feet were off the
14
floor and he threw you into the next room?
15
A From the office, where he grabbed me by
16
the neck -- I was facing him when he grabbed me by
17
the neck and the throat. He then somehow flipped me
18
so my back was towards him. I remember at that
19
point realizing, "I can't breathe." And then he's
20
bigger than me, and he carried me like this
21
(indicating). I was fighting.
22
Q He carried you by the what, by your neck?
23
A By the throat, by my neck.
-13-
1 Q Okay. Did you call the police after this
2 incident?
3 A I did, yes.
4 Q Did the police arrive?
5 A Yes, they did.
6 Q Was he still there when the police
7 arrived?
8 A He was outside, by his car.
9 Q Okay. And was he arrested?
10
A He was.
11
Q Did the police take any photographs of
12
you?
13
A They did.
14
MR. BEASON: Your Honor, may I approach
15
the witness?
16
THE COURT: Sure. Or you can hand the
17
documents to the sheriff.
18
MR. BEASON: Okay.
19
THE COURT: Why don't you do that. Has
20
the counsel seen the photographs?
21
MR. BEASON: Yes, they have, Your Honor.
22
I've shown them that.
23
BY MR. BEASON:
-14-
1 Q Can you tell me what this is a photograph
2 of?
3 A That's a photograph of my neck.
4 Q Okay. And does that accurately represent
5 your neck, shortly after the incident took place
6 that we're discussing here?
7 A Yes, it does.
8 Q Okay.
9 MR. BEASON: Your Honor, I'd ask that this
10
be entered as Petitioner's Exhibit 1.
11
THE COURT: Exhibit Number 1?
12
MR. SUROVELL: Subject to cross, Your
13
Honor.
14
THE COURT: Sure.
15
MR. SUROVELL: But also I know this is a
16
court not of record. I was just hoping that some
17
way they could be made part of the record or that I
18
could get copies of them. Because I assume at the
19
conclusion of this hearing Your Honor may return the
20
exhibits. I'm not sure what --
21
THE COURT: I will. But I don't have to.
22
I can keep them as part of --
23
MR. SUROVELL: Okay. That would be my
-15-
1 preference. Unless the Commonwealth will give me a
2 copy.
3 ASSISTANT COMMONWEALTH ATTORNEY: We'll
4 have a set made available for review in discovery.
5 MR. SUROVELL: Okay.
6 BY MR. BEASON:
7
Q Now, Ms. XXXXXXXXXX, did at any point you
8 instigate any violence, any kind of hit, kick,
9 anything, against Mr. Queen, prior to him grabbing
10
you?
11
A No.
12
Q Are you afraid of Mr. Queen?
13
A Yes.
14
Q In the affidavit, you had asked for the
15
following relief, and I'm going to ask you about
16
each of these issues. Do you want the court to
17
issue an order prohibiting further acts of abuse?
18
A Yes, please.
19
Q Are you asking that Mr. Queen participate
20
in treatment and counseling and other programs the
21
court deems appropriate?
22
A Yes, please.
23
Q And would that include alcohol abuse
-16-
1 treatment?
2 A Yes, please.
3 Q Anger management?
4 A Yes, please.
5 Q Batteries intervention program?
6 A Yes, please.
7 Q Now, about the alcohol abuse, do you think
8 that alcohol played any part in the incident that
9 took place?
10
A One hundred percent, yes, absolutely.
11
Q Okay. Why do you believe that?
12
A Mr. Queen would never do anything to hurt
13
me if he was sober.
14
Q Okay. Had he previously been violent
15
after drinking?
16
A Yes.
17
Q I want to draw your attention to February
18
of this year. What occurred in February of this
19
year?
20
A I was sexually assaulted in his condo in
21
Georgetown. He had called me over to his house
22
early in the morning. He was my best friend. I
23
knew him. He was my best friend. I went over to
-17-
1 his house. I was worried
about him. I didn't know
2 at that time that he drank. I thought he had quit
3 drinking. It was his birthday weekend. He was
4 intoxicated. And he held me down and raped me.
5 Q Okay. After that incident, did you have
6 to go to the hospital?
7 A I did. I went to the hospital later that
8 day, INOVA Fairfax Hospital, the emergency room.
9 Q Okay. With regard to the incident that
10
you testified to where he grabbed you by the neck,
11
did you go to the hospital on that occasion?
12
A Not on Sunday. I don't have medical
13
insurance, and I couldn't afford to pay it. I don't
14
have the kind of money that allows me to go to the
15
hospital. On Sunday I thought I was fine. And then
16
on Monday, that's when I lost all sensation in my
17
neck and my upper back, and I went completely numb.
18
On Tuesday it got worse. I had to get an MRI on my
19
upper neck and my upper back, to see what was wrong
20
with me, because I couldn't feel my neck and my
21
upper back.
22
Q Okay. As a result of Mr. Queen's arrest,
23
was an emergency protective order issued in this
-18-
1 matter?
2 A Yes, it was.
3 Q Okay. And did Mr. Queen contact you
4 subsequent to that order being issued?
5 A Yes, he did.
6 Q Okay. What happened?
7
A He called numerous times from jail on my
8 cell phone. I had never received a phone call from
9 jail before. It's a recorded message. It's 1 to
10
accept, 5 to deny, 7 to block inmate phone calls. I
11
have that memorized, because I received so many
12
phone calls from jail. The office to block incoming
13
phone calls is closed on Sundays. So --
14
Q Did he say anything to you that caused you
15
any anxiety?
16
A The one time I did answer the phone, he
17
said something about he understands what this means
18
to my career, like what this means to my career. It
19
was worded slightly different, but that's what he
20
said. Then he said, "I did not use excessive
21
force." Which I then hung up the phone, because I
22
had just made peace with my God, and I knew I was
23
going to die, and I knew he had used excessive
-19-
1 force.
2 Q Okay. Did he threaten you in any way?
3 A No. I hung up the phone.
4 Q Okay. Are you aware of any other threats
5 that he may have made against you?
6 A When I heard something that the cops were
7 mentioning in court, when they appealed bail, that
8 he had said to a friend that "this bitch is going
to
9 pay for this when I get out" or something like that.
10
It wasn't a phone call to me; it was a phone call to
11
somebody else, apparently from jail.
12
Q Okay. Are you asking the court for a two-
13
year protective order?
14
A Yes, I am.
15
Q Okay. At your option, are you also asking
16
that, should he be in the office of a therapist --
17
A Yes.
18
Q -- of some kind, whether it's an alcohol
19
therapist or an anger management therapist, that you
20
have the option to participate with him --
21
A Yes.
22
Q -- in that therapy, as long as you are
23
with other professionals?
-20-
1 A Yes.
2 Q Okay.
3 MR. BEASON: Your Honor, that's the
4 petitioner's evidence. I would also like to call --
5 That's the evidence for her. I would also like to
6 call the respondent.
7 THE COURT: Well, first there's going to
8 be cross examination, I think.
9 MR. BEASON: Okay. But I just want to let
10
you know.
11
MR. SUROVELL: I'm sorry, Your Honor. The
12
court's indulgence for just a minute.
13
CROSS EXAMINATION
14
BY MR. SUROVELL:
15
Q Good morning, Ms. XXXXXXXXXX.
16
A Good morning.
17
Q I'd like to ask you a couple of just
18
preliminary questions. You're 28 years old?
19
A 29 tomorrow.
20
Q 29. Okay. Your birthday, I guess, is
21
October 18?
22
A October 18.
23
Q How long have you known Mr. Queen?
-21-
1 A A long time. We met the summer I was 26.
2 Yes, it was the summer I was 26. I think it was in
3 like June or July.
4 Q So you've known him about three years?
5 A Approximately. I mean, that has got to be
6 about it, yes.
7 Q So that would be June or July of 2003?
8 A Well, I just know that it was while I was
9 -- I know it was -- I met him in the summer I was
10
26. And it's 2006 now. Yes. Is that 2003?
11
Q Okay. Why does it stick out in your head
12
that you were 26?
13
A I was a real estate developer. I worked
14
for a commercial real estate company. And then I
15
ran off to beauty school. And I remember I quit my
16
job. And I wanted to go to beauty school at 27.
17
And I was a real estate developer at 26. So that's
18
why I remember that.
19
Q Okay. And at some point you said you --
20
When did you all become best friends?
21
A Over a period of time. We dated a little
22
bit in the beginning, but schedule conflicts and
23
such. And he met a girl. And I, you know, went on
-22-
1 dates with other people. And we kept in contact and
2 became friends. He was my confidante, and we would
3 go to dinner once a week, stuff like that.
4 Q When did you all become boyfriend,
5 girlfriend?
6 A The end of February of 2006.
7 Q In your mind, what's the difference
8 between becoming boyfriend, girlfriend and whatever
9 your relationship was before?
10
A Oh, it was totally different.
11
Q In what ways?
12
A Before, we would hang out; we were
13
buddies. We were not a couple at all. We were
14
friends. And at the end of February, he was single,
15
I was single. And he thought we could make it work,
16
since we already had a friendship basis, and that we
17
should date, be boyfriend and girlfriend. And I
18
wasn't sure if that would work. And then he said,
19
"I think it will work." And he said, "You're
my
20
girlfriend, and I'm your boyfriend, and that's
21
that." And it just changed, you know. We went from
22
hanging out a couple of times a month and e-mailing
23
to like every day basically together.
-23-
1 Q Was there some like dinner or movie or
2 something you went to where you can remember you all
3 reaching that conclusion, or was it --
4 A No, it was in his living room. No, it was
5 just -- It was the weirdest thing. It was, "You're
6 my girlfriend, I'm your boyfriend, and that's that,"
7 and not a big deal.
8 Q Okay. I guess during the last three
9 years, you've also come to know his friends and you
10
had mutual friends; is that right?
11
A Correct.
12
Q Okay. You've also come to know each
13
other's families; is that right?
14
A Yes.
15
Q Which of his friends do you consider to be
16
your friends?
17
A What was that?
18
Q Which of his friends would you consider to
19
be your friends?
20
MR. BEASON: Your Honor, at this point I
21
think we're getting into some irrelevant matters.
22
We're talking about violence.
23
THE COURT: Well, you're going to be able
-24-
1 to have full cross examination. But you're going to
2 have to get to the point at some point.
3 MR. SUROVELL: I understand.
4 THE COURT: So ask the questions. Then
5 move on.
6 MR. SUROVELL: Okay.
7 THE COURT: Do you have some mutual
8 friends?
9 THE WITNESS: I'm not currently in contact
10
with any of his friends.
11
THE COURT: Okay. What's your next
12
question?
13
MR. SUROVELL: Okay.
14
BY MR. SUROVELL:
15
Q At some point you all began living
16
together; is that right?
17
A Correct.
18
Q When was that? Actually, before we go
19
there -- Go ahead and answer that question.
20
A The end of July. We got a puppy, he quit
21
the law firm, and we moved in together, all in the
22
same week.
23
Q Okay. And at the end of July he moved
-25-
1 into your place?
2 A Correct.
3 Q He was also paying rent; is that right?
4 A Correct, yes.
5 Q Okay. So I guess you would have paid the
6 rent for July, August, September and October -- or
7 September?
8 A August, September, October.
9 Q Okay. And before that you would spend the
10
night pretty frequently at his place?
11
A Oh, yes, sure.
12
Q How frequently would you say you would do
13
that?
14
A All the time.
15
Q Did you ever keep any of your things at
16
his place?
17
A Absolutely.
18
Q Like what?
19
A Clothes, makeup.
20
Q And after he moved into your place, did he
21
basically put all of his things -- or his clothes
22
and some of his personal belongings in your place on
23
a daily basis?
-26-
1 A Oh, yes, absolutely.
2 Q Was there a point in time when you started
3 staying over at his place a lot? Was that in
4 February also?
5 A I don't remember when it started.
6 Probably end of March, April, maybe.
7 Q Okay. Now, I know this is going to be a
8 little uncomfortable for you, but we need to talk a
9 little about what happened in February, at the
10
beginning of February. You brought it up a little
11
earlier. You said that an incident occurred, I
12
think it was on his birthday.
13
A It was Super Bowl, the morning of Super
14
Bowl Sunday. I guess it's kind of the same time,
15
around his birthday.
16
Q Okay. And how did you all come into
17
contact that evening? Did he call you, you call
18
him?
19
A He called me, actually. It was Super Bowl
20
Sunday morning. I'm assuming he had been out with
21
his friends on Saturday night. I wasn't there. I
22
was actually in Fairfax at the chocolate lovers
23
festival with my friend. So we weren't even in
-27-
1 contact that weekend. And I got -- I'm not sure if
2 it was a text message or a voice mail. But my cell
3 phone rang. I mean, I think it rang. I don't
4 remember if it was a text message or a voice mail.
5 But Mr. Queen, I guess, called me at
6 4:30/5:00 a.m. He left voice mails. He left voice
7 mails pleading -- It was like, "Please. I'm sorry.
8 Please help. Please come. I'm so sorry." Then he
9 would hang up. And he would leave the same kind of
10
message again. And I was worried about him. And
11
since we were friends, I thought maybe he was in
12
trouble. I thought maybe there was something wrong.
13
And I called him back. And then he said, "Yes,
14
please come." And I did. I got in my car and I
15
went to his house.
16
Q Okay. That was his house in --
17
A Georgetown.
18
Q Okay. And do you remember what time you
19
got there?
20
A I don't know. Between 4:30 and 5:30 a.m.
21
Q You drove there yourself? Somebody didn't
22
drop you off?
23
A No, I drove myself.
-28-
1 Q Okay. And where was he when you got
2 there?
3 A I parked my car and went upstairs. He was
4 -- When I got there, I usually knock on the door.
5 In this case, he was already at the door -- it was
6 dark -- the door opened, and I went in.
7 Q You didn't have a key to his place?
8 A No.
9 Q Was he in bed or --
10
A No, he was -- Well, he was in the doorway
11
when I went in. He opened the door for me.
12
Q Okay. And what happened after that?
13
A He just said like, "Be quiet, shush." And
14
I was like, "Okay, whatever." And we went
15
downstairs to where his bedroom was. Not a big
16
deal; you know, it didn't concern me at all. We
17
were talking. We sat on the bed. We were talking.
18
I was worried about his safety. I'm like, "Are you
19
okay, are you okay, are you fine? I'm worried about
20
those voice mails."
21
I had never been around Mr. Queen while he
22
had been drinking. It was my understanding he was
23
no longer drinking. I didn't realize at that point
-29-
1 that he was intoxicated. And we were in his
2 bedroom.
3 Q Well, so, I guess, his speech wasn't
4 slurred and he didn't smell of alcohol?
5 A No. I thought he was tired and groggy
6 maybe. And it was early morning hours. I didn't
7 realize he had been drinking.
8 Q And so you're sitting on his bed. And you
9 were talking about his messages?
10
A We were just talking. I don't remember
11
about what. We were friends. I'm like, "Are you
12
okay?" And he said, "It's my birthday" or
"It was
13
my birthday." And I remember that's when I found
14
out it was his birthday. And he thought he was old.
15
And I said, "You're not old." That kind of stuff.
16
And then I knew he was okay and that he was
17
depressed, because he thought he was old. But he
18
wasn't. And then I knew he was okay. And I was
19
just going to spend the night. Not a big deal. I
20
had done that before.
21
Q Okay. Had you been drinking at all that
22
evening?
23
A Oh, no, no. I had been eating chocolate.
-30-
1 Q Okay. Who had you been at the chocolate
2 festival with?
3 A My friend XXXXXXXXXX (ph).
4 Q XXXXXXXXXX?
5 A XXXXXXXXXX (ph).
6 Q And what happened after you had this
7 conversation with Mr. Queen? I'm trying to figure
8 out exactly what led to the incident you described
9 in your affidavit. Did you all begin to kiss or --
10
A No. I mean, we were just sitting on his
11
bed. I probably -- I had spent the night at his
12
house before. I would imagine I, you know, climbed
13
into bed -- not a big deal -- to go to sleep.
14
Nothing out of the ordinary.
15
Q Okay. You all had been sexually active
16
before this?
17
A Yes.
18
Q Okay. And so at some point after laying
19
in his bed, something happened, or what?
20
A Yes. I mean, I didn't go there looking
21
for sexual intercourse at 5:30 in the morning. I
22
didn't need that. I went there for his safety.
23
And then he started kissing me, and I was
-31-
1 like, "No."
And I was like, "That's not why I came
2 here." I remember saying that. He started kissing
3 me, and he wanted to touch me and kiss me. And I
4 said, "That's not why I came here." I do remember
5 saying that. I was like, "I didn't come here for
6 sex, Jon."
7 And then he wanted anal sex. And he was
8 bigger than me. And I kept saying, "No" and
"No"
9 and "No." And he wanted anal sex and then proceeded
10
to pull me down from behind doggy style and fuck me
11
in the ass until there was blood and shit
12
everywhere. There was blood and shit all over the
13
sheets. I just pretended I wasn't in the room. I
14
removed myself mentally and just took it, because he
15
was bigger than me. And he had a clock on his
16
ceiling with the time. And I just remember looking
17
at the clock and thinking, "Oh, there's red in the
18
ceiling." And then he just kept fucking me in the
19
ass until there was blood everywhere and shit
20
everywhere. And then he flipped me over and forced
21
me to give him a blow job. And then I got to taste
22
my own shit in my mouth. And then he was happy.
23
And that's when I -- I don't remember much of the
-32-
1 rest of the rest of that,
because that's when I kind
2 of went into shock and denial. Yes, so that's what
3 happened.
4 Q Okay. I know this is difficult for you to
5 talk about. Did you leave his apartment after that
6 -- his condominium?
7 A It was early morning hours. At that point
8 I was numb. I couldn't believe what happened. I
9 went upstairs. I remember his friend was on the
10
couch. I had a cup of coffee, chain smoked some
11
cigarettes. And then I left.
12
Q Was this a painful experience? I'm sorry.
13
I mean physically painful. I understand emotionally
14
it was difficult for you. I'm talking physically
15
painful.
16
A Yes. How could it not be?
17
Q Okay, okay. Well, I guess my point is --
18
A Yes, it was painful.
19
Q -- did you make any noises of pain? Did
20
you scream out? Did you --
21
A Yes, yes, yes. I mean, it's very painful.
22
Q I guess my question is: Was it so painful
23
that you were screaming about it, indicating extreme
-33-
1 pain?
2 A Yes, yes.
3 Q And were they loud screams?
4 A I don't remember.
5 MR. BEASON: Your Honor, I'm going to
6 object at this point. I mean, she has already
7 testified that she said no on a number of occasions
8 prior to this. And she described the incident
9 pretty graphically. I don't know that we need to
10
spend any more time --
11
THE COURT: Well, ask your questions and
12
move on.
13
BY MR. SUROVELL:
14
Q What was the name of his friend who was on
15
the couch?
16
A Scott (ph). Scott? I don't know his last
17
name. I think it's Scott.
18
Q And did you all go get something to eat
19
for breakfast that day?
20
A No. I just told you I had coffee. Then I
21
chain smoked some cigarettes, and I left.
22
Q Where did you go after that?
23
A To my girlfriend's house.
-34-
1 Q Where was that?
2 A In Crystal City. Her name is XXXXXXXXXX
3 XXXXXXXXXX (ph).
4 Q And then you went with her to INOVA?
5 A I went with her, and I sat there. And she
6 wanted to grab something to eat. And I sat there
7 numb. And she said, "Are you okay?" And I was
8 like, "Oh, I'm fine." I just kind of sat there
and
9 didn't eat my food. I didn't tell her what had
10
happened. I then went home and took a shower. She
11
just bought a condo, so I left her. We had
12
something to eat. I just did some shopping. I
13
didn't eat anything. But I didn't want to say
14
anything either about what happened. And then I
15
went home, and I took a shower, a really long
16
shower. And I just scrubbed my body and scrubbed it
17
and tried to make myself feel clean.
18
And I told one of my friends that I would
19
go watch the Super Bowl over at his house. It's the
20
same friend, XXXXXXXXXX, that I was at the chocolate
21
lovers festival with. I told him I'd watch the
22
Super Bowl at his house, and I said I'd bring a six-
23
pack of beer. And I just was kind of in shock. I
-35-
1 didn't want to say anything. And then I went to my
2 friend XXXXXXXXXX's house. And he thought I was acting
3 really, really weird, because I just was not being
4 my normal self. And then I kind of said what
5 happened. And then he was not too happy.
6 And then he called my friend XXXXXXXXXX on the
7 phone. They all know each other. And XXXXXXXXXX and
8
XXXXXXXXXX spoke to my boyfriend, who I was –
9
At the time I was dating a psychiatrist family
10
practice doctor. And they called my boyfriend, who
11
was a psychiatrist. And he said, "Get her to the
12
ER. Get her to the ER now." And they said, "She
13
has already taken a shower." He said, "I don't
14
care. I want her at the ER."
15
So XXXXXXXXXX and XXXXXXXXXX got in the car, and
16
they drove me to Arlington Hospital. But they
17
didn't have a rape thing open. I guess it was the
18
ER, because this was late at night, because I didn't
19
say anything. And then they drove me to INOVA
20
Fairfax Hospital, off Glebe Road. This was probably
21
around 1:00 in the morning.
22
Q INOVA Fairfax in Falls Church? You said
23
Glebe Road. I think that's Arlington.
-36-
1 A Not Glebe. Gallows. I think it's on
2 Gallows and Route 50.
3 Q Okay. Did you ever file any kind of
4 report with the police?
5 A I did.
6 Q Which police?
7 A What was that?
8 Q Which police, Fairfax, D.C.?
9 A The incident occurred in Georgetown, so
10
therefore the Washington, D.C. police were called.
11
Q Was that the next day?
12
A No, that day. She came to the hospital,
13
Detective Ingrid Parkins (ph) of the D.C. police.
14
Q You elected not to press charges?
15
A Correct. If you elect not to press
16
charges, they don't --
17
THE COURT: You answered the question.
18
Next question.
19
BY MR. SUROVELL:
20
Q Moving forward to October, I guess the
21
incident you set forth in your protective order
22
affidavit took place on October the 1st, in the
23
morning?
-37-
1 A It was on Sunday morning.
2 Q Before we go forward to October. You
3 previously testified that you all, I guess, became
4 boyfriend and girlfriend late in February?
5 A End of February.
6 Q Right. After this incident that you
7 described in early February --
8 A The rape?
9 Q Right.
10
Q -- why is it that you all became -- why is
11
it that you felt comfortable, I guess, to become
12
boyfriend and girlfriend?
13
A I ask myself that a lot. He was my best
14
friend, and I loved him. And he's a great guy, and
15
he's a fabulous, outstanding individual. And we
16
were best friends, and he knew everything about me.
17
I knew everything about him. And he wanted us to
18
date, and I said, "No." I didn't think it was
a
19
good idea. I had taken his numbers out of my cell
20
phone. I wasn't going to call him. I decided after
21
the rape that this was bad, because we weren't
22
friends anymore.
23
But he kept calling me and calling me.
-38-
1 And finally I took a phone call. And then I said,
2 "Why are you calling me? Don't you remember what
3 you did?" I was like, "I don't want to talk
to you.
4 I'm in therapy now." I've been in therapy since the
5 rape. I have a therapist, and I've been in therapy
6 since the week of the rape. And I said, "I'm in
7 therapy now, and I don't think, you know, you should
8 call me and talk to me." And then he didn't
9 remember. I said, "Don't you remember?" And
he
10
said, "No." I said, "How can you not remember?"
11
And I said, "How can you not remember?" And he
was
12
like, "I don't remember." And he wanted to talk,
13
and I wanted to let him know what he had done to me.
14
He needed to know what he had done.
15
And I went over to his house, and I told
16
him what he had done to me. And he did not remember
17
it. And he wanted us to date. He thought we could
18
work it out. He thought we could get through it,
19
that we could make it work. He knew I was in
20
therapy. It was good I was in therapy. And he
21
wanted us to make it work, because we were best
22
friends. And so I didn't know if it was a good
23
idea, but he convinced me that it was and that we
-39-
1 could make it work. And he said he wouldn't drink,
2 he wouldn't drink anymore. And I said, "Okay."
3 Q Is your therapist a psychiatrist?
4 A No. No, she's not. She's an R.N., but
5 she's not a psychiatrist. My ex-boyfriend was a
6 psychiatrist.
7 Q Okay. If you don't have health insurance,
8 how is it -- Is it provided by the state or --
9 A It must be. It was the Fairfax Women's
10
Center. It's $15 a week. That's obviously the
11
reduced price, because I don't have insurance.
12
Q The Women's Center in Vienna?
13
A Correct.
14
Q Okay. And is this therapy related to the
15
rape, or is it related to ongoing depression and
16
suicide attempts that kind of thing?
17
A No. I've never had suicide attempts. The
18
therapy is all because of the rape in February.
19
Q Is it fair to say that on occasion you've
20
cut yourself?
21
A Absolutely.
22
Q Okay. And is it fair to say that in
23
February that you cut yourself?
-40-
1 A Absolutely.
2 MR. BEASON: And, Your Honor, again I
3 would object to this.
4 THE COURT: Objection sustained.
5 BY MR. SUROVELL:
6 Q So it's your position that therapy has
7 nothing to do with your cutting yourself?
8 A None whatsoever.
9
Q Okay. Now, moving forward to October,
10
before October 1st, I guess, September the 30th --
11
A Saturday night.
12
Q -- Saturday night, you were out
13
socializing in D.C., as well?
14
A Well, what part of the evening?
15
Originally -- I'm a hairstylist, and I was doing my
16
girlfriend, XXXXXXXXXX. I was doing her hair in
17
my kitchen, full highlights, full color. It's a lot
18
of work. I was doing her hair in my kitchen. Jon
19
was getting ready to go out with his friends. And
20
he had just ironed the shirt I bought him. And he
21
was going out for a guys' night out. I was doing my
22
girlfriend's hair.
23
While I was doing my girlfriend's hair, a
-41-
1 phone call came in from
my old roommate, my old
2 roommate who I hadn't seen in a long time, in
3 months. He said, "We're going out tonight, and I
4 was wondering do you want to come?" I asked my
5 girlfriend, "Do you want to go?" And she said,
6 "Okay." Because I was going to blow dry her
hair,
7 and she was going to look pretty.
8 MR. BEASON: Your Honor, I would ask for
9 an instruction of the witness just to answer the
10
question.
11
THE COURT: That's good advice. Please,
12
just answer the questions you're asked and give
13
shorter answers, if possible.
14
THE WITNESS: Yes, we went out, Adams
15
Morgan.
16
BY MR. SUROVELL:
17
Q And you went out to bars, obviously?
18
A I went to one bar.
19
Q Okay. Did you drink at that bar?
20
A I think I had one beer, and it was spilled
21
on the bar, and then I was holding another beer.
22
But I'm not a big drinker. It makes me sick, beer.
23
I'm not a big drinker at all.
-42-
1 Q Were you taking any medications that
2 evening?
3 A No. I don't even take Tylenol or aspirin.
4 Q With respect to any of the prior conduct
5 you described, were you taking any medications
6 during those periods of time?
7 A Absolutely nothing.
8 Q Now, with respect -- Again, back to the
9 evening of the 30th, did there come a point in time
10
where you were supposed to meet up with Mr. Queen?
11
A At last call.
12
Q Did you all meet up at that time?
13
A We did.
14
Q Okay. Where was that?
15
A At McDonald's.
16
Q In Adams Morgan?
17
A Correct.
18
Q And was there anybody with you?
19
A No, no. He called me on my cell phone,
20
and he said, "McDonald's." I looked to my right,
21
there was McDonald's, and I met him at McDonald's.
22
I saw him instantly. He was in the crosswalk, and
23
he's tall, so he stands out.
-43-
1 Q And you all got a taxi at that point?
2 A No. He was hungry. He wanted a
3 hamburger.
4 Q So you all ate, and then you got a taxi?
5 A Yes. I gave him a quarter pounder. And
6 then we left McDonald's, and I got us a taxi.
7 Q At some point, when you were in the taxi,
8 I believe in your affidavit you stated he broke up
9 with you?
10
A Yes. He was angry. Yes. He was angry in
11
the taxi. He said -- (making grumbling sounds) --
12
"I'm moving to the Ukraine." So --
13
THE COURT: You answered the question
14
THE WITNESS: Yes.
15
BY MR. SUROVELL:
16
Q Why did you break up? Why did he break up
17
with you?
18
A Oh, I don't know. He was drunk.
19
Q And the fact that he broke up with you,
20
did that make you angry, I assume?
21
A No. No, it didn't. I was more concerned
22
about his well being, because basically he was
23
intoxicated.
-44-
1 Q Okay. And then did you all arrive
2 somewhere in a taxi, or did --
3 A He jumped out of the taxi in Georgetown,
4 and I followed him.
5 Q You got out of the taxi, or you followed
6 him in the taxi?
7 A Out. He jumped out of the taxi at a red
8 light. I paid the taxi. I got out. I followed
9 him. I was worried about him. He could fall in the
10
river, he could get mugged, he could get beat up. I
11
was worried about his safety, because he was
12
incoherent.
13
Q Where did you follow him to? What time
14
was this, by the way?
15
A Between 2:30 and 3:15, maybe.
16
Q Okay. And where did you follow him to?
17
A I assumed he was trying to get to his
18
brother's -- or his condo in Georgetown, where he
19
lived. So I knew where that was at. And so I kind
20
of -- You know, it was like this way, you know,
21
trying to help him out. Because if he could get to
22
his brother's condo in Georgetown, then I knew he
23
would be safe. Or it's his condo. His brother
-45-
1 lived there. And so I just kind of, you know,
2 helped him along until he got there. He was kind of
3 -- He was saying I was crazy and that he was going
4 to move to the Ukraine, and he was saying all kinds
5 of stuff that drunk people say. But I wasn't paying
6 attention to it, because it was his safety that was
7 important to me.
8 Q He was saying this as you were following
9 him along?
10
A Yes, yes. But I wanted to make sure that
11
-- He was drunk, so I wanted to make sure that I
12
could at least get him to the condo where he lived.
13
Because I knew where it was at. I wasn't drunk.
14
Q Did you follow him to the front door of
15
the condo?
16
A Correct. I spoke with -- I was on the
17
phone with his brother Tommy. And I was on the
18
phone with his brother Tommy, and I --
19
THE COURT: You answered the question.
20
THE WITNESS: Yes, I got him to the condo.
21
BY MR. SUROVELL:
22
Q So you watched him go in the condo --
23
A No.
-46-
1 Q -- then you left?
2 A No. That's what I'm trying to explain
3 here.
4 Q Okay. What's wrong about that?
5
A You have to dial the number of the unit to
6 get in the condo. I was talking to his brother
7 Tommy on the phone, saying, "I need help. I need
8 help. He's drunk. I need help. I can't take care
9 of him this time." I dialed the unit number. The
10
door buzzed open. I put my purse in between the
11
door to jar it open. And then Jon got mad. He
12
said, "You woke my brother up. He's in medical
13
school."
14
And then Jon ran off. So I did not want
15
to lose Jon, because I had him there, and I knew if
16
I could get him inside the condo, he would be safe.
17
I went after him and followed him. He's bigger than
18
me. He ran faster. I realized I left my purse in
19
the door of the condo, jarring the door open. I ran
20
back to get my purse. I then went to find him, and
21
he was gone, and I don't know where he went.
22
Q And it was at that point you went to stay
23
with a friend?
-47-
1 A At that point I sat
down on the sidewalk
2 in the rain and cried. Then I went and got a taxi
3 and went to my girlfriend's house.
4 Q Is that XXXXXXXXXX?
5 A Yes.
6 Q Okay. And then at some point that morning
7 you received a phone call from Mr. Queen, on your
8 cell phone, I assume?
9 A At what point?
10
Q While you were at XXXXXXXXXX's house.
11
A I think she received a phone call. I
12
don't think I did. She spoke with him. And I
13
remember she spoke with him and gave him her
14
address, and he arranged to come get me.
15
Q Okay. And he picked you up at her place?
16
A Yes, outside. He was parked on the
17
street.
18
Q And in his car?
19
A Correct.
20
Q And I guess you didn't have any concerns
21
about getting in his car?
22
A I did.
23
Q Why is that?
-48-
1 A Jon is usually happy and cheerful and
2 smiley, and he was stone cold quiet.
3 Q No other concerns about getting in his
4 car?
5 A Not when I -- I knew -- He was stone cold
6 quiet, but I didn't still think he was intoxicated,
7 not until after I got in the car.
8 Q Okay. What happened after you got in the
9 car that changed your mind?
10
A He took two red lights, and he got lost.
11
And he knew how to get to my house.
12
Q And this was at 6:30 a.m.; right?
13
A Approximately, yes. I remember -- I know
14
we had gotten to the house at 7:00 a.m., because I
15
looked at the clock in the car.
16
Q Now, I guess there was nobody else in your
17
apartment, except you and him; right?
18
A Yes, that's correct.
19
Q Okay. And your dog, I guess?
20
A Yes. We have a wonderful puppy. I love
21
her.
22
Q Okay. And after you all had arrived at
23
your apartment, you both went to sleep; right?
-49-
1 A He got on the couch and had a blanket. I
2 got in the shower. I got out of the shower, and
3 then I got in bed. He was on the couch.
4 Q And you went to sleep?
5 A I did.
6 Q Then, at some point, I guess it was about
7 9:00 a.m., you guys got into another -- you guys got
8 into an argument?
9 A He climbed into bed with me about 9:00
10
a.m. Because I looked over and looked at my cell
11
phone to see what time it was. He climbed into bed.
12
He was laying there, and I was laying there. And he
13
was mumbling about not wanting a Ukrainian girl.
14
Q Right.
15
A And then -- We were not in an argument,
16
no.
17
Q Okay, okay. But at some point you all
18
called his friend, XXXXXXXXXX (ph)?
19
A XXXXXXXXXX (ph) XXXXXXXXXX.
20
Q Okay. Why did you all call him?
21
A Apparently XXXXXXXXXX was out with
22
Jon on Saturday night. Apparently they spoke about
23
an incident that had occurred in August, when Jon
-50-
1 and I were out with his friends. Our parties got
2 separated. Jon went with his friend, XXXXXXXXXX
3 (ph), on that Saturday night.
4 MR. BEASON: Your Honor, I want to object
5 at this point, because it doesn't matter what
6 they're arguing about or what happened.
7 THE COURT: Well, what does this have
8 anything to do about?
9 MR. SUROVELL: Well, apparently this is
10
the conversation that led to the incident that I
11
think was the primary cause of this proceeding
12
today. And I think that whatever their discussion
13
is -- She calls it a discussion.
14
THE COURT: We're not going to go into all
15
the details. What was the argument about that you
16
got into?
17
THE WITNESS: He got drunk in D.C. in
18
August. He abandoned me with no way home in Adams
19
Morgan. I was able to get a taxi and go home. And
20
he said that he came to find me in Adams Morgan.
21
His friend, XXXXXXXXXX, had been drinking that
22
night, too. XXXXXXXXXX said I was there when Jon arrived.
23
XXXXXXXXXX was drunk. XXXXXXXXXX made a mistake. I wasn't
-51-
1 there; I had gone home. And so Jon said he did not
2 abandon me in D.C., in Adams Morgan, because XXXXXXXXXX
3 said he hadn't. And, in fact, he had.
4 BY MR. SUROVELL:
5 Q Okay. And it was that argument that led
6 to this --
7 A That's the argument that led to the
8 incident; correct.
9 Q But it's the argument that led to Mr.
10
Queen then saying, "Then I'm breaking up with you"?
11
A From what I understand, that was the
12
argument. It didn't make any sense to me why. But
13
yes.
14
Q Okay. But at that point he said, "I'm
15
breaking up with you," got up and started to pack
16
his things; right?
17
A I don't think he said the words "breaking
18
up." He said, "Moving out, getting my stuff. I'm
19
moving to the Ukraine."
20
Q Okay. He went to another room and started
21
packing his things at that point; right?
22
A Correct.
23
Q And you followed him in there; right?
-52-
1 A Correct.
2 Q Now, he's in there packing his things. He
3 didn't want to speak to you while he was packing;
4 correct?
5 A I don't know.
6 Q And he said, "We are over;" correct?
7 A I don't know.
8 Q And then --
9 A He was just talking insane. So --
10
Q Okay. But he didn't say -- Never mind.
11
And at some point -- Well, why did you pick up his
12
laptop?
13
A I wanted to get his attention and have him
14
stop packing and just listen and be like, "What are
15
you doing?" I'm a girl. I picked up his laptop. I
16
wasn't going to throw it. I wasn't going to do
17
anything to it. I just wanted to get his attention.
18
Q But you know his laptop is important to
19
him in his business; right?
20
A Absolutely. That's why I thought it would
21
get his attention, and he would try and talk to me.
22
Q And you know that there's like hundreds of
23
millions of dollars in contracts on that laptop;
-53-
1 correct?
2 A Yes.
3 Q You know that that laptop isn't backed up
4 anywhere; correct?
5 A I don't understand what you mean.
6 Q You know it's not backed up anywhere?
7 Basically, whatever is on it, that's the only copy
8 of it; you knew that, too; right?
9 A I would imagine. I mean, it's his work
10
computer.
11
Q Okay. And did you say anything when you
12
picked it up?
13
A No. I just picked it up. I just -- He
14
was packing, and I wanted to talk to him, and I
15
picked up his laptop. I had it in both hands. I
16
had picked it up like that. I wasn't going to throw
17
it or anything. I picked it up so I could get his
18
attention.
19
Q Was the blanket still around you?
20
A Yes, it would have been. Because I had my
21
blanket wrapped around, under my arms around my
22
body, like that (indicating) and then the laptop on
23
top. And then I was on the phone with my friend
-54-
1 Sandy. So the blanket was wrapped under my armpits,
2 and I had my arms down with the laptop.
3 Q Okay. So you had the laptop in one hand,
4 the phone in the other hand, and you're wearing a
5 blanket, and you're talking to him, too?
6 A No. You just changed my words.
7 Q I'm sorry. I'm trying to get it clear.
8 A Okay. I had a blanket. It was wrapped
9 around me.
10
Q Right.
11
A My arms were down.
12
Q Right.
13
A The laptop was in both my hands, like
14
toward like my chest.
15
Q Okay.
16
A The phone was on my neck like this
17
(indicating). So, if you can imagine, a blanket
18
wrapped around you, arms down, like -- you can hold
19
a blanket with your armpits -- holding the laptop
20
with both my hands, on a phone, yes.
21
Q Okay.
22
THE COURT: Your Honor, just so the record
23
is clear, I'd just like the record to reflect the
-55-
1 fact that Ms. XXXXXXXXXX indicated that her head is
2 pressing against, I think, her left shoulder to --
3 THE WITNESS: I was multi-tasking.
4 MR. SUROVELL: That she was holding the
5 phone down with her head and her ear on her
6 shoulder.
7 THE COURT: All right. What's your next
8 question?
9 BY MR. SUROVELL:
10
Q And did you say something to him about his
11
laptop? Or what got his attention to the fact that
12
you had his laptop?
13
A Nothing was said about the laptop. He
14
said that he had been with Sandy, looking for me in
15
a car. I was on the phone with her, and she said,
16
"That's not true, and you know it." And I said,
17
"Sandy says that you weren't with her in a car."
18
THE COURT: All right. You answered the
19
question.
20
THE WITNESS: So, yes, I picked up his
21
laptop.
22
BY MR. SUROVELL:
23
Q So how is it that he came and grabbed the
-56-
1 laptop?
2 A He grabbed it. I don't know. He grabbed
3 it. He took it.
4 Q And he held it with one hand or two hands?
5 A I don't know.
6 Q Okay. Well, I think you previously
7 testified that he grabbed for the laptop, and that
8 was when he grabbed you, too?
9 A He grabbed the laptop. I don't know if he
10
grabbed the laptop with one or two hands. It was
11
within seconds. It was within absolute seconds.
12
THE COURT: What happened next?
13
THE WITNESS: What happened next?
14
THE COURT: Yes.
15
THE WITNESS: He grabbed the laptop. I
16
don't know if he put it on a chair. I don't know if
17
he put it on a table. But he grabbed it, and he put
18
it down somewhere. And at that same time he grabbed
19
me.
20
BY MR. SUROVELL:
21
Q Where did he grab you?
22
A My neck, my throat area.
23
Q With one hand or two hands?
-57-
1 A Two.
2 Q So he must have put the laptop down?
3 A He must have.
4 Q Then at some point -- Before that, did he
5 grab your hands?
6 A No.
7 MR. BEASON: Your Honor, I just want to
8 object, because what we're doing here is discovery
9 for the criminal trial, and it's really unnecessary
10
for what's going on right here today.
11
THE COURT: All right.
12
MR. BEASON: It's very, very basic. And
13
we went over this --
14
THE COURT: You're going to able to ask a
15
few more questions. You took a little bit too long
16
to get to the point you've gotten to. But this is
17
basically the key part of the case, so go ahead.
18
BY MR. SUROVELL:
19
Q What happened to the phone when he grabbed
20
you?
21
A XXXXXXXXXX was still on the phone. It
22
was dropped. She heard some scuffling, and she
23
heard him say something. She thought we were having
-58-
1 an argument. She didn't hear anything from me. And
2 she hung up the phone, thinking we were in an
3 argument. And when the phone dropped, I knew she
4 was still on the line, and then maybe she would know
5 what was happening.
6 Q And were you on your cell phone or on a
7 land line?
8 A House phone.
9 Q I assume it was a cordless phone?
10
A Yes.
11
Q Okay. And I guess it's your testimony
12
then that at that point he put two hands around your
13
neck?
14
A I was facing him. Yes.
15
Q Okay.
16
A And like that (indicating). And then
17
somehow I was flipped, and so my back was to him.
18
And he moved me out of the office to the living
19
room, with my back to him.
20
Q How was he holding you with you spun
21
around like that?
22
A I don't know. He's bigger than me. I
23
don't know. He's bigger than me. All I remember
-59-
1 was all of a sudden I could not breathe.
2 Q Okay. You couldn't breathe when he was
3 facing you, or you couldn't breathe at what point?
4 A From the moment he grabbed my neck.
5 Q So is it your testimony then that his
6 hands were around your neck when you were spun
7 around?
8 A He never -- His hands -- From the moment
9 he grabbed my neck and I was facing him to when I
10
was spun around to when I was on the couch, all of
11
that, his hands never left my neck, my throat.
12
Q Okay. Can you show me sort of on your
13
body where on your neck his hands were?
14
A Like he has got big hands. So about like
15
(indicating). I don't know which angle, because I
16
can't see from like looking down.
17
Q Okay. But how about from the front? I
18
assume his hands had to change position.
19
A I don't know.
20
Q Where did you feel his hands on your neck?
21
A From here all the way down to here
22
(indicating).
23
Q Okay.
-60-
1 MR. SUROVELL: Your Honor, just so the
2 record is clear that the witness is indicting
3 basically from where, I guess, the bottom of her
4 chin meets her neck, all the way down to her
5 collarbone.
6 THE WITNESS: It was like this entire neck
7 area, all around it. I mean it was all here
8 (indicting).
9 BY MR. SUROVELL:
10
Q Okay. And when he spun you around, you
11
still felt his hands from where the bottom of your
12
chin meets your neck all the way down to your
13
collarbone?
14
A It happened so quickly that -- I know his
15
hands did not leave my neck, because then I could
16
have tried to get another breath.
17
Q So I guess it's your testimony that you
18
couldn't breathe from the moment --
19
A From the moment he grabbed me.
20
Q -- until some point later, on the couch,
21
when he released you?
22
A Correct.
23
Q And when you were spun around -- Did he
-61-
1 not pick you up until you were spun around? You
2 said, I think, he picked you up and carried you or
3 dragged you.
4 MR. BEASON: Your Honor, I object, asked
5 and answered. She has already described it.
6 THE COURT: Is that correct, what he has
7 asked?
8 THE WITNESS: I don't understand his
9 question.
10
BY MR. SUROVELL:
11
Q I think you said he --
12
A It happened very, very quickly.
13
Q Well, did he pick you up and drag you in
14
the other room or push you or --
15
A Are you talking about when he grabbed me
16
initially and then turned me, or are you talking
17
about when he got me from the office to the living
18
room, which part of that are you asking about?
19
Q Okay. Let me -- I'll break it up. He
20
didn't pick you up when he was facing you and he put
21
his hands around your neck; right?
22
A No.
23
Q When he spun you around, did your feet
-62-
1 leave the floor?
2 A Yes.
3 Q So did he carry you or drag you or a
4 combination of both?
5 A Combination of both.
6 Q Okay.
7 A I was fighting.
8 Q Okay.
9 A At that point, I had dropped my blanket,
10
and I was naked and fighting.
11
Q At some point did you bite his finger?
12
A Not that I can remember or not that I know
13
of.
14
Q So you don't have any idea how he got a
15
bite mark on his finger from that morning?
16
A I absolutely cannot remember biting him at
17
all.
18
THE COURT: You answered the question.
19
THE WITNESS: I don't remember.
20
BY MR. SUROVELL:
21
Q And when he initially put you on the
22
couch, were you sitting in his lap, or was he on top
23
of you?
-63-
1 A When he put me on the couch -- he somehow
2 flipped me onto the couch -- I was laying on my back
3 with my head like on the arm part, you know, of the
4 couch. My neck was kind of on that, and my body was
5 on the couch, and then he was on top of me. My legs
6 were together (indicating) like that, bent, and he
7 was on top of my legs, so I couldn't move my lower
8 body.
9 Q Okay. So I guess it's your testimony then
10
that you were laying on the couch lengthwise?
11
A Like in a fetal position.
12
Q But lengthwise along the entire couch? It
13
wasn't like --
14
A It's a loveseat.
15
Q But your legs weren't -- It wasn't like
16
your butt was on the couch and your legs were
17
towards the floor?
18
A No.
19
Q Your legs were stretched along the couch?
20
A No. It's a loveseat. My legs could not
21
be stretched. They were bent together.
22
Q But all entirely on the loveseat?
23
A Yes. My little five-foot frame was bent
-64-
1 in a fetal position on a loveseat; correct.
2 Q So it's your testimony then that you were
3 never sitting on his lap?
4 A I was never sitting on his lap.
5 Q Okay. Are you familiar with what a full
6 Nelson is?
7 A No.
8 THE COURT: Were you injured anywhere
9 besides your neck?
10
THE WITNESS: No.
11
THE COURT: Do you have any other
12
questions?
13
BY MR. SUROVELL:
14
Q Besides the two incidents that you
15
described, are there any other incidents of
16
violence, physical violence, between you two?
17
A No.
18
Q Can you describe for me how it is he was
19
able to choke you from behind?
20
A With his hands.
21
Q Was he ever using his arms?
22
A What I remember were hands.
23
Q Okay. Now, you indicated, I think, that
-65-
1 you had an MRI done?
2 A Correct.
3 Q Where was that?
4 A Where location or where on my body?
5 Q What location?
6 A Arlington.
7 Q Arlington Hospital?
8 A Correct. And that's off of like Glebe and
9 like Mason, I believe.
10
Q So did you go to the emergency room for
11
that?
12
A I had seen a doctor earlier in the day
13
that had told me I had an appointment at 9:00
14
o'clock at night. I went to my appointment. They
15
said it was at 9:00 a.m. I said, "I have court."
16
So they put me in the emergency room, because the
17
MRI radiologist hadn't left for the evening.
18
Q You described some phone calls that Mr.
19
Queen made after he was arrested.
20
A From jail?
21
Q Right.
22
A Yes.
23
Q You don't know, do you, when Mr. Queen got
-66-
1 served with any kind of emergency protective orders
2 or preliminary protective orders, do you?
3 A No. Why would I? I mean I would imagine
4 that -- The police said he was -- Certainly he was
5 taken in. I mean, I don't know what time. I mean,
6 I don't know how long --
7 THE COURT: What difference would it make,
8 what she knew?
9 MR. SUROVELL: Because that might impact
10
as to whether or not she was afraid or not afraid or
11
whether or not her fear was reasonably founded.
12
THE COURT: All right. She doesn't know,
13
though.
14
MR. SUROVELL: Right.
15
BY MR. SUROVELL:
16
Q With respect to the phone calls -- or the
17
statement that he wants to make that bitch pay, were
18
you described in the context of that statement?
19
A I overheard that when it went -- I
20
overhead the prosecutor say that to the judge.
21
Q Okay.
22
A I didn't know of that prior.
23
Q If the statement was "When I get an
-67-
1 attorney, I want to file
some countercharges. She
2 bit my hand, and I'm going to make that bitch pay,"
3 would that change your view as to whether or not
4 that concerns you?
5 A Concerns me? I don't understand your
6 question. I don't understand your question.
7 Q Well, if you understood the fact that that
8 statement --
9 A Concerns me that I'm afraid of him?
10
Concerns me that he has got countercharges?
11
Concerns me that he thinks I bit him? I mean, I
12
don't understand your question.
13
Q Well, if you were to understand that the
14
statement was made in connection with the filing of
15
a countercharge for assault and battery --
16
A I don't know what a countercharge is. I
17
don't -- I'm not familiar with legal -- I don't
18
know.
19
Q A charge against you for assault and
20
battery, if the statement was made in connection
21
with that, does that change your view as to whether
22
or not you're still afraid that he's going to come
23
and get you?
-68-
1 A No, no. I mean, that doesn't change my
2 opinion at all.
3 Q Okay. I think in the request for relief
4 your attorney said you were looking for -- and I
5 think you answered about -- one of the things you
6 said you wanted was some kind of joint counseling?
7 A I want to know why he did this to me.
8 Q So is it your position that you want to
9 continue a relationship with him?
10
A No, no. But I need to know why.
11
Q And why is that?
12
A Everybody heals with pain differently. I
13
don't know how you heel with pain. But I need to
14
know why.
15
Q Has your therapist recommended that you do
16
this joint therapy as some means of getting through
17
this problem?
18
MR. BEASON: Your Honor, I object to that.
19
He's calling for hearsay evidence.
20
THE COURT: Well, you're requesting that
21
they have joint therapy. But it doesn't matter.
22
I'm not going to order it anyway. So --
23 THE WITNESS: No. I just need
to know why
-69-
1 he did it. Otherwise,
I'm going to spend the rest
2 of my life wondering why he picked me up by my neck,
3 choked and strangled me, until I made peace with my
4 God and realized I was going to die. I need to know
5
why he did it.
6
THE COURT: How long did you lose
7 consciousness after he grabbed you and lifted you
8 up, do you know?
9 THE WITNESS: Lose consciousness or --
10
THE COURT: The police officer said you
11
lost consciousness.
12
THE WITNESS: Blacked out and saw stars
13
and --
14
THE COURT: How long was that for, do you
15
know? Was it momentarily or --
16
THE WITNESS: That's when I -- That's the
17
point where I knew -- That's the point where I knew
18
I was dying. And I don't know how long. But he let
19
go after that, because I didn't die. But that's the
20
point when I made peace with my God and realized
21
that my family loved me, and it would be okay in the
22
end.
23
THE COURT: All right. Do you have any
-70-
1 other questions?
2 MR. SUROVELL: Your Honor, if I could
3 just have the court's indulgence just for a minute
4 to talk with both my client and Mr. Pickard. I
5 haven't consulted with my client, at least, since
6 this started. Let me at least check with him real
7 quickly.
8 THE COURT: All right. Well, your cross
9 examination has been going on for over an hour now.
10
So --
11
MR. SUROVELL: I understand, Your Honor.
12
THE COURT: We could take a break. But
13
sometimes it's better to just finish something than
14
to extend it.
15
MR. SUROVELL: I understand, Your Honor.
16
Just let me look at my notes real quick.
17
BY MR. SUROVELL:
18
Q I think you said your neck went numb and
19
your back -- you had some back problems. Are you
20
experiencing any problems today?
21
A No. I got sensation back to my neck and
22
my upper back. I can feel my body again.
23
Q When did that come back?
-71-
1 A The incident happened on Sunday. I
2 started to get sensation back about eight days later
3 -- six, seven days later, little by little. I lost
4 it all, and then it was like it came back, little by
5 little.
6 Q The pictures that you put into evidence
7 earlier, when were those taken, relative to the
8 incident?
9 A The morning of.
10
Q Right after the police got there?
11
A Yes. I mean, there were a bunch of
12
police.
13
Q Did you take any other pictures of
14
yourself, related to this incident?
15
A No.
16
Q Did any bruises develop after that, what
17
happened?
18
A No. I don't bruise easily. I was red and
19
swollen and tender to the touch and in a lot of
20
pain, but no bruises.
21
MR. SUROVELL: I don't have any further
22
questions, Your Honor.
23
THE COURT: Okay. Thank you.
-72-
1 MR. BEASON: Did Your Honor say you want
2 to take a break?
3 THE COURT: No.
4 MR. BEASON: Okay.
5 THE COURT: But she can have a seat with
6 you now?
7 MR. BEASON: Yes, she can.
8 THE COURT: All right. You can have a
9 seat by your lawyer.
10
MR. SUROVELL: Your Honor, with respect to
11
the request to call my client --
12
THE COURT: Well, let's see. They haven't
13
called him yet. So --
14
MR. SUROVELL: Okay.
15
THE COURT: Do you have any other
15
evidence?
17
MR. BEASON: Yes. I wanted to call Mr.
18
Queen.
19
MR. SUROVELL: He would assert his Fifth
20
Amendment right to not testify.
21
THE COURT: Do you have any argument on
22
that?
23
MR. BEASON: No, Your Honor. If he
-73-
1 doesn't want to testify --
2 THE COURT: He doesn't. I don't think
3 he's required to testify in this case.
4 MR. BEASON: Then that's fine.
5 THE COURT: So do you have any other
6 evidence?
7 MR. BEASON: Just a closing, Your Honor.
8 THE COURT: Well, does the respondent have
9 any evidence then?
10
MR. SUROVELL: No, sir.
11
THE COURT: All right.
12
MR. BEASON: Your Honor, I described it
13
earlier as a discovery expedition. But, you know,
14
this case is actually fairly simple. Family abuse
15
is any act of violence that causes bodily injury or
16
places one at reasonable apprehension of bodily
17
injury. This is about -- it's an October incident,
18
October 1. I think she was very credible. I think
19
that she was strangled. I think that she was thrown
20
into the other room. I think from her demeanor we
21
can say that that did, in fact, occur.
22
Your Honor, the wisdom of her relationship
23
with this gentleman can certainly be called into
-74-
1 question. Why she gave him a second chance after
2 the first incident, I don't know.
3 But at this point she's asking the court
4 that she be protected from him. I think we have
5 proved beyond a preponderance of the evidence that,
6 in fact, is the case. So we would ask for a two-
7 year protective order.
8 The issue of joint counseling was not what
9 I really requested, Your Honor. I just wanted her -
10
- if she had the option of attending one of his
11
counseling sessions, that she be allowed to do it.
12
That wouldn't be my advice, but she just wanted
13
that. But that's up to Your Honor.
14
But I think that at this point we do need
15
to have the protective order entered. And I do
16
think that there's an issue here of alcohol
17
treatment that is needed and some anger management,
18
at the very least. So we would request that, Your
19
Honor. Thank you.
20
MR. SUROVELL: I don't have much argument,
21
Your Honor. I would just submit that with respect
22
to any kind of relief related to Mr. Queen and
23
alcohol or substance issues, I think the more
-75-
1 appropriate place for that to be addressed would be
2 in the criminal proceedings, which are ongoing, and
3 not in this proceeding today.
4 And, other than that, Your Honor, we'll
5 just submit the case on the evidence.
6 THE COURT: A protective order is going to
7 be issued until October 17th of '08 at 9:00 o'clock.
8 At that time it will expire ex parte.
9 Conditions are that there be no further
10
acts of abuse and no contact. I'm not ordering any
11
kind of program. That can be done as part of a
12
criminal case.
13
So we have this scheduled for preliminary
14
hearing and trial on November 16th at 10:30. And
15
the witness -- You've already been recognized. You
16
understand you have to be here on that day.
17
And I had I think set bond at $10,000.
18
Circuit Court ordered that he be held without bond;
19
is that correct?
20
MR. SUROVELL: That's right, Your Honor.
21
Mr. Burkholder is taking the case over for Mr.
22
Wetzonis. He's here. I don't know -- I think we're
23
still on the docket.
-76-
1 THE COURT: All right. Well, it's set at
2 that time for preliminary hearing and trial. I made
3 a note that the case may be advanced until today for
4 preliminary hearing or trial. But I guess that
5 didn't happen.
6 MR. SUROVELL: No, sir.
7 THE COURT: Okay.
8 MR. BEASON: Your Honor, if I could have
9 the photographs back. The prosecution is going to
10
provide a copy to his counsel.
11
THE COURT: Okay. I marked them
12
Petitioner's Exhibit A-1 and A-2.
13
MR. SUROVELL: Can I have one minute, Your
14
Honor?
15
THE COURT: Sure. By the way, this can be
16
modified for any time up to two years.
17
MR. SUROVELL: Okay.
18
THE COURT: And if there is some kind of
19
change in the relationship, you know, it's possible
20
we could allow contact for counseling.
21
MR. SUROVELL: Two housekeeping matters,
22
related housekeeping matters, I want to take care of
23
really quick, Your Honor, if I could, while I have
-77-
1 your attention.
2 There are two -- One subpoena outstanding.
3 One out there quashed with a motion to reconsider
4 pending. I'm not sure exactly --
5 THE COURT: Well, the motion to reconsider
6 you could do today.
7 MR. SUROVELL: Well, what I was going --
8 THE COURT: The subpoena, as part of the
9 civil case, is going to be served and answered,
10
because, since this could be reconsidered or
11
reviewed at any time up to two years, that's a valid
12
subpoena at this time.
13
MR. SUROVELL: I understand, Your Honor.
14
What I was going to say to Your Honor --
15
THE COURT: So that subpoena goes out.
16
MR. SUROVELL: Well, that's what I was
17
going to say: For housekeeping purposes at this
18
point, we're willing to withdraw that and withdraw
19
the motion to reconsider. I don't know if you want
20
to note that on the record, just so --
21
MR. BEASON: So you're withdrawing your
22
civil petition for a subpoena?
23
MR. SUROVELL: It's a subpoena. It's not
-78-
1 a petition for a subpoena.
2 MR. BEASON: But you're withdrawing --
3 THE COURT: The defendant's subpoena
4 requests are withdrawn.
5 MR. SUROVELL: We might reissue them. But
6 for now we're withdrawing them.
7 THE COURT: So we're not going to send out
8 the subpoena to I think it was the hospital for
9 records.
10
CLERK: The motion to reconsider is also
11
withdrawn?
12
THE COURT: Yes. So this lists his
13
address as Upper Marlboro, and I don't know where we
14
got that. But was that on the --
15
MR. SUROVELL: That came from her.
16
MS. XXXXXXXXXX: That's his parents' house.
17
THE COURT: But he's going to be served
18
with this here this morning. And you might -- If
19
one of his lawyers talks to him, he should have no
20
calls to her from the jail.
21
MR. SUROVELL: Right. I'm pretty sure
22
that one call preceded the service of the EPO, Your
23
Honor.
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1 THE COURT: Well, no one complained about
2 it. And this only requires him not to contact or
3 abuse her. But she's admonished not to contact or
4 visit him in the jail also.
5 MR. SUROVELL: Okay. Can we get a copy of
6 that outside?
7 THE COURT: Yes.
8 MR. SUROVELL: Okay. Thank you. We'll
9 see you in November.
10
THE COURT: Okay. Thank you.
11
(Whereupon, the hearing in the above-
12
entitled matter was concluded.)
13
14
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17
18
19
20
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-80-
CERTIFICATE OF REPORTER
I, XXXXXXXXXX, the stenographic reporter
who
was duly sworn to well and truly report the
foregoing
proceedings, do hereby certify that they
are
true and correct to the best of my knowledge and
ability;
and that I have no interest in said
proceedings,
financial or otherwise, nor through
relationship
with any of the parties in interest or
their
counsel.
IN WITNESS WHEREOF, I have hereunto set my
hand
this 4th day of October , 2007.
XXXXXXXXXX
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|
