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 --
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