KEY POINTS OF TRANSCRIPTS:

1. Opening Statement.

2. How he choked & strangled me.

3. Come again? You asked me what?

4. February 2006 Rape - 1st attack.

5. He calls me from Jail.

6. It's my birthday.

7. He moves in.

8. Graphic description of the February 2006 Rape.

9. Defense asks if the Rape was painful... is he kidding?

10. The Doctor boyfriend and the ER

11. Defense lawyers are asses...

12. It's hard to testify when you have ADD...

13. His brother didn't help me.

14. Fighting for my life.

15. He says I bit his finger.

16. Finger biting and countercharges.

17. There is NO answer for "why"

18. Accepting death and making peace with God.

19. He took the 5th Amendment.

 

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.

-79-


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

15

16

17

18

19

20

21

22

23

-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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