TRANSCRIPT OF PRELIMINARY HEARING APRIL 16, 2001

MS. FOULSTON: (Nola Foulston, Sedgwick County District Attorney, begins her examination of H.G.)

Q: Good morning, ma'am.

A: Good morning.

Q: I'm going to ask you to sit forward in your chair. There is a microphone in front of you. If you could speak so that we can hear you, I'm sure that would be appreciated. Do you understand?

A: Yes.

Q: Thank you. For the record, you have been sworn to testify, and for the record, your initials are H.G., is that correct?

A: Correct.

Q: Now, ma'am, directing your attention to the 14th day of December, 19 ... excuse me, of the year 2000, do you recall your activities in the later evening hours of that day?

A: Yes, I do.

Q: And do you recall what location you were at in the evening hours, say, about 8:30?

A: I was at 12727 Birchwood.

Q: And what city is that located?

A: Wichita.

Q: And for what reason were you at the Birchwood location?

A: I was visiting friends and my boyfriend.

Q: What type of residence would this be?

A: Twin home, condo, duplex.

Q: And ...

A: It's actually a triplex, I think.

Q: Triplex. Is it fair to state this would be on the east side of town, is that correct?

A: Yes.

Q: Do you know what the streets are that would border this particular home?

A: Birchwood is to the north, 127th street is to the east.

Q: You indicated that you were visiting with friends at that location. The name of your male friend, who was that?

A: Jason Befort.

Q: And had you been acquainted with Mr. Befort for quite some time?

A: Yes.

Q: In your visiting at that home on Birchwood would you be at that location from time to time with your boyfriend?

A: Yes.

Q: And so this evening, on December 14, was no different from other occasions, is that correct?

A: Correct.

Q: Were there other people you were acquainted with who lived at the residence with Jason?

A: Yes.

Q: Who would those people be?

A: Brad Heyka and Aaron Sander also lived there.

Q: You indicated this was a triplex. Did it have a multiple number of bedrooms?

A: Yes.

Q: Can you describe the basic floor plan of this location, please.

A: There is an eating area in the kitchen, which is upstairs. There is also a separate room that's not closed off. It's for a dining room table. There is a living room. There is a bedroom upstairs with the master bath connected to it. There is another bedroom that does not have a bathroom connected to it. There is another bathroom. There is a wet bar upstairs, and then downstairs is a living area, storage rooms, bathroom, and a bedroom.

Q: Now in this particular location were all the areas of the residence finished except for the storage area?

A: Yes.

Q: So it was suitable to individuals to live in various rooms, including the downstairs?

A: Yes.

Q: Do you recall who it was that was assigned, if you will, to the master bedroom in that location?

A: Aaron lived in the master bedroom.

Q: And the other bedroom that you said did not have an adjacent bathroom, who stayed in that room?

A: That was Jason's room.

Q: There was also a bathroom you mentioned. Would this be the bathroom generally that's by Jason?

A: Yes.

Q: You indicated there was a wet bar. Is that correct?

A: Yes.

Q: Can you tell me where that was in relation to Jason's bedroom?

A: Jason's bedroom was on the north side of the house. If you step right outside of his doors, the wet bar is on the east side.

Q: And in relation to the front of the home entering into the front, if you were in Jason's bedroom, would you be able to observe light sources or the front porch of that triplex?

A: Yes, there is a window that goes right out to the front steps.

Q: The bedroom that was used by Jason, did it have any particular kind of entry doors to get into it?

A: It has two double doors that (indicating). They're solid, but they open. There's two of them. They close together.

Q: So instead of just one door to get into a room, this had two with one stationary -- is that correct?

A: Correct.

Q: You indicated there was a bedroom in the downstairs in a finished area. Who slept down there?

A: Brad.

Q: And these three gentlemen were all roommates then at this location of 12727 east Birchwood?

A: Correct.

Q: In what county is that located?

A: Sedgwick.

Q: You said on the evening of December 14 that you went to that location to be with some friends, is that right?

A: Correct.

Q: When you arrived at that residence who was there?

A: Brad and Aaron.

Q: Were there any other individuals that came to the residence that were acquainted with the occupants?

A: Heather came over.

Q: And do you know Heather's last name?

A: Muller.

Q: Do you know what relationship she was to any of the individuals who might have lived at that residence?

A: She had dated Brad, or Aaron.

Q: Would that be Aaron Sanders, is that correct?

A: Yes.

Q: And had you been in the company of Heather Muller before December the 14th?

A: Yes.

Q: Was she a visitor on regular occasions to that location?

A: Yes. Not as often, but she visited Aaron there.

Q: Well, in comparison to you, did she spend a lot of time there?

A: Yes.

Q: When you went to that location on December the 14th, do you remember where you had driven from, approximate location?

A: My apartment.

Q: And where was that located, just in street terms?

A: Harry and Rock, Pawnee and Rock.

Q: What kind of car did you drive then there?

A: A red Toyota Paseo.

Q: Were you accompanied by another when you left your apartment?

A: My dog.

Q: What kind of dog was this?

A: A Schnauzer.

Q: Did the dog have a name?

A: Nikki.

Q: All right. When you refer to Nikki, we know that is the terrier Schnauzer that you had, is that correct?

A: Correct.

Q: You told us the names of individuals who were at the residence. I'm going to hand you some photographs and ask if you can identify these persons, if you will, please. I'm going to hand you what's been marked for identification purposes as State's Exhibit #5. Can you tell me who that is, please.

A: Brad Heyka.

Q: And his last name is spelled H-E-Y-K-A, is that correct?

A: Right.

Q: I'm going to hand you what's been marked for exhibit purposes as State's Exhibit #4 and ask if you can identify the person depicted in that photograph.

A: Aaron Sander.

Q: In State's Exhibit #3 there is a female depicted. Can you tell us who that is?

A: Heather Muller.

Q: And in State's Exhibit #2 can you identify the person in that photograph.

A: Jason Befort.

MS. FOULSTON: I'll offer them at this time.

MR. WATCHTELL: Might we see them, your honor? (Inspects photographs.) No objection on behalf of Reginald Carr, Your Honor.

MR. EVANS: Same announcement, Judge.

THE COURT: Two, Three, Four, and Five are admitted.

MS. FOULSTON: Here you are.

THE COURT: Thank you.

Q: Ma'am, do you recall approximately what time you arrived at the residence on East Birchwood?

A: Approximately 8:30.

Q: And on that particular evening in December, do you recall what the weather conditions might have been?

A: Very snowy, icy, cold.

Q: Do you recall if you were dressed for the weather on that evening?

A: Yes, I was.

Q: When you arrived at the residence, where did you put your vehicle?

A: I parked it in the driveway.

Q: Were you able to note whether any other cars belonging to the occupants were at that location at that time?

A: Not at that time.

Q: Do you recall what kind of vehicle it was that Jason Befort drove?

A: It was a '99 Dodge Dakota.

Q: Did you see that vehicle at about 8:30 that evening at the residence?

A: No.

Q: So that would lead you to the assumption at that time that Mr. Befort was not yet there, is that correct?

A: Correct.

Q: What did you do when you parked your vehicle?

A: I got out. I let the dog go to the bathroom and went inside.

Q: When you got into the home, who was there at that time?

A: Brad and Aaron.

Q: And do you recall what you did at the residence once you got there?

A: I started grading some papers, and then I watched ER when it came on at 9:00.

Q: ER would be a television show, is that correct?

A: Correct.

Q: And did Jason come to the home at some point in time while you were watching that television show?

A: After it started.

Q: Approximately what time would he have arrived?

A: About 10 or 15 after 9:00.

Q: Did anyone else arrive at the home after or before Jason Befort.

A: Heather arrived before.

Q: Do you recall what Heather was wearing that evening?

A: She had on a sweater with a denim shirt under it and blue jeans.

Q: Do you recall if she had any footwear?

A: I'm not sure what kind.

Q: So as you're beginning to watch television and grading your papers, did you have an opportunity to know where Heather and Aaron were at that time?

A: They were in the kitchen.

Q: What were they doing?

A: Making dinner.

Q: And do you remember where Brad Heyka was at that time?

A: He was downstairs watching TV.

Q: And was that a normal location Brad to be, downstairs?

A: Yes.

Q: You're smiling.

A: That's all they did.

Q: Did he have a television, a large television down there?

A: He had a big screen.

Q: A big screen is a fairly large television?

A: 52-inch.

Q: 52-inch. and were you aware of the cost of that particular big screen television?

A: When he bought it, it was around $2500.

Q: Did you ever get to go and use that television down there?

A: Yes.

Q: So as Heather and Aaron are in the kitchen cooking and you're grading papers and Brad is somewhere downstairs somewhere along the line then comes Jason?

A: Yes.

Q: Where had he been?

A: At practice.

Q: Some type of athletic practice?

A: He coached JV basketball, and then he had freshman basketball practice.

Q: When you got to the residence, did you have a key to that location?

A: Yes.

Q: So you had let yourself in, is that right?

A: Correct.

Q: And that particular door, if you used a key on it, would it unlock it for all purposes or did it automatically relock after you got in the residence?

A: It was unlocked until you locked it again.

Q: Do you recall if you locked it again at that time?

A: No, I don't think I did.

Q: Once Jason arrived back at the residence, you said about 9:15, what happened then?

A: He ... I talked to him for a few minutes. He went downstairs to talk to Brad.

Q: And once he went downstairs to talk to Brad, did you visit with him at all at that location?

A: Not until about 10:00 when ER was over.

Q: Your show is over, and did you finish grading your papers?

A: Not all of them.

Q: Were they ... were they ... where were you seated or where were you actually physically planted at the time you're watching ER and grading those papers?

A: On Jason's bed in his room.

Q: So within that room you described as being in the front of the residence, he also had a television, is that right?

A: Correct.

Q: And so that would be out of the clothes he had been wearing to JV practice into some type of sleeping garb, is that correct?

A: Correct.

Q: Do you remember what he had on that evening?

A: T-Shirt and a pair of shorts.

Q: This December the 14th would have been a day before a normal workday for you, is that correct?

A: Correct.

Q: And would it be usual if you stayed over for you to get up early and go to school or go to where you were teaching?

A: Yes.

Q: And in that regard, did you usually try and have regular bedtime hours?

A: Yes.

Q: What time normally would you go to sleep?

A: Anywhere between 10;00 and 10:30.

Q: When Jason returned back to the room, do you recall if you knew where anybody else was in the house?

A: Brad had gone to bed. He was downstairs. Aaron and Heather ... they weren't in the kitchen any longer. I don't know where they were.

Q: Would it be normal for Heather to stay at that location.

A: No.

Q: Had she ever stayed there?

A: I believe she stayed there once. Jason had told me that she had stayed there and that Aaron had slept on the couch.

Q: So where they were ... wherever they were in the home you were not able to see them at the time that you went to bed?

A: Correct.

Q: In terms of the living room, that would be adjacent then to Jason's bedroom, is that correct?

A: Yes.

Q; And is there a stationary lighting or ceiling lighting in that room?

A: There are lamps in the living room. There is a halogen lamp over where the dining room table goes. There are ceiling lights over the wet bar area and in the hall, down both hallways.

Q: So in addition to ceiling lighting there was also some stationary, other lighting that you could illuminate your residence with, is that right?

A: Yes.

Q: Now this would have been close to or in the Christmas holiday, is that correct?

A: Correct.

Q: Did you have the Christmas tree and items under the tree at that time?

A: Yes.

Q: Where was the Christmas tree located?

A: Back in the southeast corner of the living room.

Q: Would that be close to some type of window or doorway?

A: It's right by the sliding glass doors that go to the back of the house and with the windows that border the back of the house.

Q: At the time when you were in bed and ready to go to sleep and Jason returns, did he take any action to, say, shut down the house.

A: He turned off al the lights. He made sure that the doors were locked, turns off the lights, turned off the porch light, all the lights in the living room and kitchen.

Q: Is there some reason Jason was assigned the task of going around and shutting off the lights?

A: Well, Brad was downstairs, and he was usually the only one who remembered to turn everything off.

Q: And were you aware of the fact that Brad was asleep or did you have that knowledge at that time?

A: I knew he had gone to bed. I don't know if he was asleep or ...

Q: You spoke about a porch light being turned off. Is there some relationship to the porch light and Jason's bedroom?

A: It's directly outside of his bedroom window.

Q: And does he shut it off to darken his room?

A: Yes.

Q: After you had turned or the lights were turned off and both you and Jason and your pup Nikki were there in the room, did anything unusual occur?

A: The lights went back on. The porch light went on, and Jason was pissed because he had to get up. And he didn't get back up, but his comment was "Don't tell me I have to get up and turn the lights off again."

Q: And when he made that comment did you hear any people that would indicate why the light was turned back on?

A: A few seconds after that I heard Aaron talking to somebody.

Q: Did you form any impression of who that might be at the time?

A: I could only distinguish Aaron's voice, so I'm assuming it was Heather.

Q: Do recall whether or not there was a doorbell that you heard.

A: No, there wasn't.

Q: Did you hear any opening of the door initially?

A: No.

Q: After you heard Aaron talking, were you able to tell in what tone of voice?

A: No.

Q: Then what happened?

A: I kind of leaned up to look at the clock, to see what time it was because we were both wanting to be asleep and and we weren't.

Q: What time was it?

A: I saw the 11. I didn't see. It was only about 10 minutes after Jason went to bed, so I'm assuming it was very shortly after 11:00.

Q: Was there something blocking your vision of the other two numbers of that digital clock?

A: Jason's head was.

Q: So at some time after 11:00 p.m. is when the lights came on and this activity occurred, is that correct?

A: Correct.

Q: Then what happened?

A: The bedroom door burst open.

Q: What reaction did you have at that time?

A: I thought it was Aaron coming in, so I just rolled over, and then Jason yelled.

Q: What did PM say?

A: I don't know if he said any words. He just kind of like a surprised, like that's not Aaron I thought it was yelling.

Q: Did that direct your attention toward the door at that time?

A: Yes.

Q: What did you observe?

A: A tall black male standing in the doorway.

Q: And what did this tall black male do at that time?

A: He ripped the covers off the bed, and I don't remember what he said.

Q: Was there silence by this black male or was there some discussion you do not recall?

A: There was discussion, I don't recall what it was.

Q: Did Jason say anything when the covers were ripped off?

A: I don't recall.

Q: Did you note whether there was anyone else in the room at that time other than the tall black male, you, and Jason?

A: No. Right after that Aaron was brought in by a different black male.

Q: Now, when Aaron was brought into the room, do you recall whether ... how was that accomplished?

A: He was just kind of thrown onto the bed.

Q: And that would be the same bed that you and Jason would be on at that time, is that right?

A: Correct.

Q: Did your dog have any reaction to this activity going on?

A: She was growling and had her teeth bared.

Q: Was there any discussion at that time with regard to the animal?

A: After she had her teeth bared and was growling, they said, "Grab your dog or we'll shoot her."

Q: At this time you've indicated there was one male, a tall male that was in the room initially and a second male that brought Aaron in, is that correct?

A: Correct.

Q: Were you able to contrast the two individuals so that we can talk about them in terms of a description?

A: Not at this time.

Q: Why was it that you were unable to make any definite description at this time?

A: The lights were still off.

Q: And those individuals would be in the doorway to the bedroom?

A: Correct.

Q: And into the bedroom, is that right?

A: Correct.

Q: Once that Aaron came into the room, was there any discussion in regard to other members of the household who might be present?

A: They wanted to know who else was in the house, and we told them that Brad was in the house and that Heather was also in the house.

Q: Now, when you say they wanted to know, was this both of them talking or could you identify one or the other?

A: I can't ... I don't recall which one was asking what at that time.

Q: Once you had identified or the other occupants of the house had been identified, what happened?

A: One of them stayed in the room with Jason and Aaron and I, and one of them went downstairs to get Brad.

Q: Did you hear anything?

A: I heard Brad scream.

Q: And then what happened?

A: They brought Brad up, and then the same individual went and got Heather.

Q: When the same individual retrieved Heather, do you have any idea where she might have been?

A: No, I'm assuming she was in Aaron's bedroom.

Q: And was there any commentary by those individuals during this time when they're bringing people into the room?

A: They wanted to know where the phones were in the house, who else was in the house. And Aaron said "The phone in the kitchen. You know, I already told you, just the phone in the kitchen." Jason didn't have one in his room except for his cell phone.

Q: Were the conversations or the statements that were made by these individuals, can you characterize them as calm or not calm? Can you tell us?

A: They weren't irrational. They were directive.

Q: Were there any accusations or comments with regard to assuring them that you were giving them the right information?

A: They just kind of repeated it over and over asking us if that was everybody in the house, if that's where all the phones were.

Q: Were any threats made at that time?

A: Only to the dog.

Q: That was the comment that you said earlier?

A: Correct.

Q: Was there any description by Aaron as to who Heather was?

A: He said "My girlfriend's in the other room."

Q: And that was in response to them asking who else was in the residence?

A: Correct.

Q: Do you recall how Aaron was dressed when he was thrown on the bed in Jason's room?

A: He was fully clothed. I don't remember what he was wearing.

Q: And Brad, when he was brought from downstairs, do you recall what he was wearing?

A: He had on like a white undershirt and a pair of boxers.

Q: You indicated that Heather was the last person that would have been brought into that area, is that correct?

A: Correct.

Q: Do you recall how she was dressed?

A: She still had on the same clothes that she had on earlier.

Q: When Heather was brought into the room, where was she located? Where did they locate her in the room?

A: Jason and I were on the bed, Aaron was at the foot of the bed. Heather was on the floor closest to the foot of the bed, and Brad was on the floor.

Q: And had they voluntarily gotten on the floor were they put there?

A: They were directed there. There wasn't anywhere else to go.

Q: And the size of this bedroom, would you consider it to be a large room?

A: No.

Q: So it had a bed and some dressers and stereo, things you talked about?

A: Correct.

Q: Was there any place for Jason to put his clothes?

A: In the closet.

Q: What size was this closet generally?

A: Only about a foot deep but about probably 6 feet wide.

Q: When everyone was in the room, all the members of the home and their guests were in the room, was there any light that allowed you to see what was going on with the two individuals that had entered the residence?

A: Well, the porch light was still on.

Q: At that time?

A: Correct.

Q: Could you see any outlines of people or any characteristics of those individuals?

A: I could see outlines. I could tell they were both black males, but ...

Q: Were you aware that either or both of those individuals were armed with weapons?

A: Yes, both of them.

Q: At what time did you know that.

A: When they opened the door.

Q: And how were you aware of that?

A: They were pointing it at us.

Q: So you could see a weapon, is that right?

A: Yeah.

Q: And you've indicated there was a taller one of the two, is that right?

A: Correct.

Q: And do you recall anything about the weapon at that time?

A: No.

Q: The other individual, could you recall anything about his weapon at that time?

A: No.

Q: Were they communicating or any statements made to you with regard to the weapons that they had and what action they might take?

A: No, not at that time.

Q: Once you were in Jason's room, were there any demands that were made on the group by the two individuals who had broken into the home?

A: We were told to take off all our clothes.

Q: And did they give you a reason or just make the statement "Take your clothes off"?

A: They just said "Get undressed." We undressed kind one by one.

Q: Was anyone resistive to the demand that they made?

A: No.

Q: When everyone was undressed, were they totally undressed?

A: Yes.

Q: What happened then?

A: They started asking if we had any money. Everybody was saying, you know, "Take our money. Take whatever you want." We didn't have any, so they asked us who had ATM cards.

Q: Was there any questioning by these individuals as to whether or not you had a safe at the residence?

A: One of them when they were looking around wanted to know where the safe was because "in a house this fucking nice there had to be a safe somewhere."

Q: Words to that effect?

A Yes.

Q: Did you note whether there was one or both of those individuals checking things out, so to speak, in the house while you all are in the room?

A: There was one looking around while one was watching us.

Q: And all of this time were you being guarded by one individual while the other was doing other things?

A: Yes.

Q: And the one individual that was in essence guarding you, would this be the taller or the shorter of the two?

A: I believe it was the taller of the two.

Q: When you told them that you didn't have money, did they ... excuse me, did they appear to believe you?

A: Yeah. They asked if we had ATM cards when we said we didn't have any.

Q: How did you indicate to them that you had ATM cards?

A: We raised our hands.

Q: So the question is "Does anybody have an ATM card?" And how many of the five people raised their hands?

A: All five.

Q: At that point what happened?

A: They wanted to know how much money we had in them, and we answered them.

Q: And each individual then turned, reported approximately how much money they would have?

A: Correct.

Q: Do you recall who went first and the amounts that they said?

A: They asked Jason. He said he had like three or four hundred, then me because I was laying next to him, and I said about 500, and then Aaron, and he said he had a couple of hundred, and then Heather, and she said she had a couple of hundred, and Brad, and he said he had about 1500.

Q: During this time were there any lights put on in the living room area at the time when this individual was out rummaging around?

A: Lights came on at some point, but I don't know when.

Q: Do you recall whether or not when this was going on, when this person was out there looking, whether he located any money?

A: No, he hadn't.

Q: Do you know whether any of your personal items like your wallet or your purse had been gone through?

A: No.

Q: Can you describe for us the demeanor or how that person acted when they had not found any money and came and asked you for your ATM cards?

A: They weren't very happy.

Q: Were any threats made at that time?

A: No.

Q: Was there any discussion between the two individuals who had entered into the home?

A: Throughout the night?

Q: At that point.

A: No, not that I recall.

Q: after the clothing was removed from all the participants, the ATM information was given, the money information was given, do you recall next in time what happened?

A: They wanted Heather and I to come out into the wet bar area.

Q: And where were you? Were you still in the location on the bed?

A: Yes.

Q: And the other, the gentlemen were in the room, Brad and Aaron and Jason, is that right?

A: Correct.

Q: How were you aware they wanted you to come out of that room?

A: They just kind of pointed at us.

Q: Did ... was there any name used to draw you out, or were you identified by any, by any name by these people?

A: Not at that time.

Q: So when you knew that here was a request or a demand for you to come out of the room, what did you do?

A: I got up and went out to the area that they wanted us to go to.

Q: And that would have been directly outside of Jason's bedroom, is that correct?

A: Correct.

Q: So you just walk out the door, and to your left would be the wet bar, is that right?

A: Yes.

THE COURT: Ms. Foulston, would this be an appropriate time to break for the noon recess?

MS. Foulston: Yes, Your Honor it would be.
 

SECOND SESSION

MS. FOULSTON:

Q: For the record, you are H.G. is that correct?

A: Correct.

Q: You were testifying in this court prior to the noon recess, is that right?

A: Correct.

Q: And I believe that we have left off at a point in time prior to the break where the occupants of the home were in Jason's bedroom and at a point in time Heather and yourself were requested to leave that room, is that right?

A: Correct.

Q: Do you remember that testimony?

A: Yes, I do.

Q: Can you tell us what happened, how it was that you left the room into that area adjacent to it, by the wet bar?

A: We were asked or directed to come out into the wet bar area. I don't recall exact words.

Q: And then what happened?

A: We were directed to perform oral sex on each other and then to perform digital penetration.

Q: Now, at the time that this was occurring, how many individuals were outside of the room besides you and Heather?

A: I believe they were both outside, kind of ... you're kind of outside, but you're still kind of standing in the doorway because we were right next to the door on the floor.

Q: So would this have been an area that was not in the total view of the living room?

A: I'm sorry.

Q: Let me rephrase that. You said you were sort of outside the room but still in proximity to it, is that correct?

A: Right. There is an L-shaped where you can go down the stairs, and there is ... the wet bar is kind of like in the short part of the L. The wet bar goes into the living room, and also you can go directly into Jason's room by the door.

Q: And in that immediate area where you and Heather were placed, how many people did you observe at that time at that location?

A: There was Heather, myself, and at least one of the black males.

Q: Do you recall what or what the person directed you to do with regard to Heather and Heather to you?

THE COURT: Excuse me just a moment, Ms. Foulston. I hear a beeping noise coming from someplace. Whatever it is, I want it to stop now. If it's a recording device or an audio device of any type, I want it out of here.

MS. FOULSTON: Your Honor, one of our family members has an oxygen tank.

THE COURT: Is that what it is?

MS. FOULSTON: I believe that's what it is. Will he be permitted to keep it?

THE COURT: Of course. I can be mean sometimes, but that's not one of those times.

MS. FOULSTON: That's for edification.

THE COURT: All right.

Q: I'm sorry. How were you directed to begin performing these acts of sex with Heather at that time?

A: I believe a direct quote was to "suck that pussy."

Q: That was directed to you?

A: I was directed to do it first, and Heather was directed to do it in return.

Q: With regard to your activities directed towards Heather, do you recall the ... your body parts that touched her body parts?

A: It would be my mouth to her vagina.

Q: And when Heather performed acts that you spoke of, what did she do to you, what body parts?

A: It would be her mouth to my vagina.

Q: Was there any commentary during the time that these acts were going on between you and Heather?

A: I don't remember direct words. It was ... if it was not to their satisfaction, we were directed to either suck it harder or during the digital penetration was to do it deeper.

Q:When you speak about digital penetration can you tell me who performed the acts on whom?

A: We both performed them on each other simultaneously.

Q: Did your fingers enter into the vagina of Heather?

A: Yes.

Q: And conversely, do you recall if Heather digitally penetrated your vaginal area?

A: Yes.

Q: Approximately how long did this activity go on?

A: Probably around five minutes, five or ten minutes.

Q: Then what happened?

A: Heather was sent back into the bedroom, and they called out Brad, and we were forced to have intercourse.

Q: At the time when Brad came out of the bedroom, were you aware it was him?

A: Yes.

Q: And how were you able to identify him as the first person?

A: I could see his face.

Q: Was your face covered in any manner at that time?

A: I had a T-Shirt on my face.

Q: Did you still have some vision?

A: Yes.

Q: Can you describe how that occurred?

A: I was on my back so you couldn't see up, but you could see out like horizontally.

Q: And you observed Brad Heyka at that time?

A: Yes.

Q: Can you describe what instructions that you or Brad were given with regard to this sexual intercourse?

A: I don't remember exact words. We were ... they just told us to do it.

Q: What happened then?

A: Brad could not get an erection, but he penetrated me as much as possible without an actual erection.

Q: Were there any comments or activities directed towards Brad as a result of his inability to get a full erection?

A: They were pissed, but I can't ... I don't know the exact words.

Q: Was that ... were you able to tell from the demeanor, the way they sounded at that time?

A: Yes.

Q: Were there any physical threats made to Brad at that time?

A: Not that I recall.

Q: Do you recall what happened after Brad was unable to fully penetrate you at that time?

A: After he had tried and penetrated as much as possible for a little bit, they made him go back in the room, and then Jason came out.

Q: And again, were your eyes still partially covered with a T-Shirt?

A: Uh huh, I believe so.

Q: And how were you able to identify that it was Jason who was coming out of the room at this time?

A: After we started or we he started to penetrate after a little bit, one of them said to the other one that "That's his girl. Don't let him do it with his girl."

Q: Then what happened?

A: Then they brought Aaron out.

Q: Was Jason able to achieve an erection?

A: No.

Q: Was he able to penetrate your vaginal area with his penis?

A: Yes.

Q: Approximately how long did Jason remain out in that area by the wet bar with you?

A: Maybe five minutes.

Q: Then the next person to come out of that room would have been?

A: Aaron.

Q: Aaron. Can you describe for us when Aaron came out of the room and detail for us any conversation or activity that occurred when he was with you in front of that wet bar.

A: He started to resist, and they struck him over the head with the butt of their gun.

Q: Were you able to see this occur?

A: Yes.

Q: And do you know where he was struck?

A: Right at the base of, at the back of his head.

Q: Do you recall what, if anything, Aaron might have said at that time?

A: He just said that he couldn't do this. He didn't want to do that.

Q: Was there any response from these individuals?

A: I don't remember exact words besides the telling him he had to do it and striking him.

Q: After Aaron had been struck, what happened then?

A: He didn't have an erection either, but there was penetration.

Q: When you ... when he was unable to have a full erection, was there any comment or commentary by these individuals regarding that?

A: Not until later.

Q: When you said he was not able to get an erection, was he still able to place his penis into your vagina?

A: Yes.

Q: Then what happened?

A: I went back into the bedroom, and Heather came out.

Q: When you returned back into the bedroom, was there anyone in the area where the bed was actually located?

A: No, they were in the closet.

Q: And at the time that you went into the room were you directed to go into any particular location?

A: The closet.

Q: When you went to the closet, can you describe ... I believe you've described it to us as maybe a foot wide, maybe 6 foot high. What type of doors would you have on that closet?

A: The folding doors.

Q: Were you able to see into the closet or were the doors closed as you entered the room?

A: I believe the doors were closed. The closet light was on.

Q: Then did you enter into that closet?

A: Yes.

Q: Who was in there at that time?

A: Well, Heather was coming out, Aaron was out, and Jason and Brad were in the closet.

Q: Was there any discussion between you, Jason, and Brad at the time at the time that you entered into that closet and the other two had left?

A: No.

Q: Had there been any command to you not to talk in the closet?

A: Yes.

Q: What had occurred?

A: Well, they told us not to talk at any time that we attempted to talk, or that there was a noise. They would wave their guns and tell us we better shut the fuck up.

Q: And there were still two individuals at that time in the general area, is that right?

A: Correct.

Q: Once Heather had been removed from the room, were you able to determine where she and Aaron might have been located?

A: In the same general vicinity of the wet bar.

Q: Now, the room that we're speaking of, Jason's bedroom, the closet area, if I were to be standing approximately in the closet area inside the closet, would you be closer to me or farther away than me if you were in that hall by the wet bar?

A: Maybe just a little bit further away.

Q: So would you be able to judge approximately how many feet it would be across the room?

A: The closet's on the far north side, and the doors are on the south side, so it's probably 12 feet.

Q: And then the wet bar would be immediately adjacent to that area, is that correct?

A: Right.

Q: When Heather and Aaron were in that area, did you hear anything that was occurring?

A: They wanted Aaron to get an erection. He couldn't. That's it.

Q: Do you know whether or not at that time you heard anything that sounded as if he was being hit another time?

A: There was a golf club, and you could hear him being struck on the, like the back or ... you could hear him being struck. and then you could hear him in pain.

Q: How were you able to determine that it might have been a golf club that was used?

A: I had seen a golf club earlier.

Q: And when did that golf club appear?

A: After they went downstairs.

Q: Would that be the first time when they brought Brad back up?

A: Yes.

Q: And do you know to whom that golf club might have belonged?

A: No.

Q: Approximately did the incident occur with Heather and Aaron in that hallway area? Were you able to judge?

A: At on point when Aaron was in the hallway, they told him he had until 11:54 to get hard, and they counted down from 11:52 to 11:53 to 11:54.

Q: And were you able to see a clock at that time or did you just hear the ...

A: I just heard.

Q: So were you able to determine where, what clock they might have been looking at, or what clock might have been in the immediate area?

A: Jason had an alarm clock that stayed lit. They could have been looking at that.

Q: Was that a digital clock?

A: Yes.

Q: It would be ... even in a dark room would you be able to see the numbers?

A: Yes.

Q: Is this the same clock you spoke of earlier when you were talking about the time the porch light came on?

A: Yes.

Q: And when you were in that hallway area, do you recall whether the doors to the bedroom were opened or shut?

A: One of them is. One of them is shut because there is a, like a ...

Q: Lock?

A: Yeah, that goes into the floor.

Q: From the sound of the voices were you able to determine if one or both of the intruders were in that area?

A: They were both there.

Q: And so the time placement that you recollected was approximately 11:54, in that time frame?

A: Yes.

Q: After you had heard that comment, do you know what happened then?

A: They sent Aaron back in and Jason out.

Q: And what did you hear, if anything, at that time?

A: You could hear Heather moaning.

Q: Had you heard Heather moaning at all prior to that time before Jason went out?

A: No.

Q: And when you used the word moaning, can you describe what impression before you at the time when you heard it?

A: Sounded like she was in pain.

Q: Do you know how long Jason stayed out in the foyer with Heather?

A: No.

Q: Did he immediately return back to the closet?

A: Yes.

Q: When he returned back, did he make any statement to you?

A: No.

Q: Did anyone talk at that time in the closet?

A: No.

Q: What happened then?

A: Brad went out.

Q: And what, if anything, did you observe or hear?

A: He was instructed to have intercourse with Heather.

Q: Were those the words that were used?

A: No, I don't remember the exact words.

Q: But those were not the words?

A: No.

Q: Would it be more callously put than that?

A: Yes.

Q: And what if any reply did you hear from Brad?

A: I didn't hear any objections or ...

Q: Did you hear any further sounds coming from Heather?

A: Yes, you could hear her moan every once in a while.

Q: And again, was that the same type of moan that you had heard and distinguished as being in pain?

A: Yes.

Q: Approximately how long would Brad have been out in that area?

A: 5 or 10 minutes, probably 5 minutes.

Q: And then what happened?

A: We started going to the ATMs. Brad was directed to first.

Q: I'm going to stop you here for a minute. During the time that we've been discussing, from 11:00 to approximately the midnight hour, in all that period of time how many individuals were in the home with you and your friends?

A: Two.

Q: At any time did any other people enter?

A: No.

Q: At any time prior to the leaving for the ATM did either of them leave that you were aware of?

A: No.

Q: During this time were you able to observe any of the ... were you able to observe either one of the intruders or both?

A: Not until Brad started to leave.

Q: During this time of these sexual incidents including the gentlemen that were with you in the home and Heather, were there any comments or discussion by the two intruders directed towards the sexual activities?

A: Not that I heard.

Q: Were they silent or did they participate in some way verbally.

A: They participated. I just don't know exactly what they said.

Q: In other words, there were words, but you don't recall what they were?

A: Right.

Q: So at the time when now you and Jason and Aaron would be in the closet, Brad was also in that area as was Heather?

A: Correct.

Q: And then you said at some point in time there was a suggestion of taking people to the ATM, is that right?

A: Correct.

Q: Can you tell us what happened in the order in which this occurred.

A: Brad went to the ATM first, then Jason went, then I went, then Aaron went.

Q: Were you aware of any vehicle that might have been used to transport people starting with Brad to those ATM machines?

A: Jason's truck was used because we couldn't find Brad's keys, and we couldn't find my keys, and they couldn't find a car to use, and Jason's keys were on top of his entertainment center.

Q: Was there a discussion by the intruders regarding the vehicles or the keys or where the keys would be found?

A: Throughout finding the keys there were comments like "somebody better find the fucking keys. I'm going to pop somebody's ass. Find the keys."

Q: Was there a concerted effort by someone to look?

A: Yes. Aaron kept ... Heather's car was out on the street. Heather's keys should be in the kitchen. We couldn't find them. I told him my keys should be in my purse. They weren't in there. Brad's keys are usually on the ledge of the staircase. They weren't there. So they took Jason's.

Q: Where were Jason's keys?

A: On top of his entertainment center.

Q: Where would that be located?

A: In his room.

Q: Now at the time that this activity is going on, with people talking about where the keys are or looking for the keys, were you able at that time to observe the intruders?

A: The person that I call the fat one was ... Brad was standing while they were ... he was walking around trying to find the keys with them. he was looking, and the fat one was walking around with them while the skinny one was standing by the wet bar.

Q: Now in terms of being able to describe them as fat or skinny at that time, were you able to get a look at the physical build of these two intruders?

A: Yes.

Q: When you say the fat one, start there, in terms of the person that initially was at your door of the bedroom, could you distinguish if that was the fat one or the skinny one?

A: No.

Q: When was it that you were able to make this assessment of the body builds of those two individuals?

A: When we started going to the ATMs, the same one always left while one of them stayed behind.

Q: And the one that always left, which one was that or who do you describe that as?

A: The fat one.

Q: What was it about his size in relation to the other person that made you distinguish them as fat and skinny?

A: One was just bigger than the other one.

Q: Was he obese or extra large?

A: No.

Q: All right. Can you explain that to me?

A: He was just stockier than the other person.

Q: And the other person ...

A: I have no other way to identify them.

Q: So the other person in terms of height, were you there side by side with either of them standing so you were able to judge their height compared to your own?

A: When I went to the ATM.

Q: That would have been later, is that right?

A: Yeah.

Q: At the time Brad was looking for the keys, do you know if any lights were turned down in the living room area?

A: I don't recall. It was lighter, but I don't know which lights were on.

Q: Was there any illumination in that home other than front porch?

A: Yes, but it was not directly above us, probably one of the living room lights.

Q: Were your eyes able to adjust to the darkness in that room?

A: Yes.

Q: And you say there was some light, but you're not sure where it was coming from?

A: Correct.

Q: Did that help you assess more that the person who you were seeing were the intruders?

A: Yes.

Q: At that point in time were you able to form an opinion with regard to the clothing or the features of either of those intruders at that time?

A: Besides the fat one had on a black coat, longer. I believe it was leather. Kind of mid thigh, not short, black coat.

Q: Other features at that time you were not able to distinguish, is that correct?

A: Correct.

Q: When it was finally determined that Jason's vehicle could be used, was it at that point that Brad left with the individual you described as the fatter of the two?

A: Yes.

Q: And do you recall once they had left the residence where everyone was at that time?

A: I believe Jason and Aaron and I were still in the closet, and very shortly thereafter I was called out of the closet.

Q: Do you recall how it was that you were brought from that closet? Were you identified in some manner?

A: Later on.

Q: At the time when you and Jason and Aaron were in that area did you see where Heather was?

A: I believe she was still out by the wet bar.

Q: When you were called, summoned from that closet, did you at that time did you know that there was only one intruder in the home?

A: Yes.

Q: And the other one had left with Brad, is that right?

A: Yes.

Q: What kind of vehicle did Jason drive that they would have taken?

A: A '99 Dodge Dakota.

Q: What kind of vehicle is that?

A: A truck.

Q: What color was it?

A: Silver.

Q: When you came out of the closet and into the bedroom area, did you proceed any further? Where did you go?

A: I went to the L-shaped landing outside, right next to the wet bar.

Q: What happened there?

A: The skinny one instructed me to get on all fours and get myself wet, and then he proceeded to penetrate me.

Q: And what part of his body penetrated into what part of your body?

A: His penis into my vagina.

Q: At the time when you were in this position, were you facing south?

A: Yes.

Q: And he would have been behind you, is that correct?

A: Correct.

Q: Were your eyes covered in any manner at that time?

A: No.

Q: What, if anything, did you observe?

A: While he was unzipping his pants, I looked down between my legs, and there was a gun lying on the ground.

Q: Could you tell em what type of weapon this was?

A: Handgun.

Q: I'm going to stop you for a second and ask you about your familiarity with weapons.

A: Not very. I know the difference between the ones that has the round thing and the clip.

Q: Let's talk about the one that has the round thing.

A: That wasn't it.

Q: Do you know what those are called?

A: Revolvers.

Q: So a revolver would have something round?

A: Yes.

Q: The other type you said had some sort of clip?

A: Right.

Q: And do you know the name of that kind of a weapon?

A: Automatic, semi-automatic.

Q: So having distinguished between a revolver and a semiautomatic, could you identify the type of weapon you saw before you under the defendant at that time?

A: It was a semiautomatic.

Q: Do you recall the color or what type of metal or material that might have been made of?

A: Silverish.

Q: Have you seen weapons that are other colors than silver?

A: Black.

Q: And so when you speak of silver, are you talking about the same color as the jewelry?

A: Yes.

Q: How far from you was that weapon at the time that you first observed it?

A: About two feet.

Q: And during this time did you have any thought with regard to that weapon?

Q: At the time that you and Aaron and Brad are now in the closet and Jason is gone, where was Heather?

A: She was still out of the closet.

Q: Could you hear her at any time after Jason left in the immediate time frame?

A: No.

Q: Do you recall how long Jason might have been gone?

A: Not a specific time frame. He was gone a shorter amount of time than Brad was.

Q: When he returned, was there any interaction between you and the thinner intruder?

A: No.

Q: So as far as you can recall, did you all remain in the closet except for Heather?

A: Yes.

Q: Was there a point in time when you came out of the closet again?

A: When I went to the ATM.

Q: Were you the third person in a row then that was taken to the ATM?

A: Yes. They opened the door and asked who's next, and I stood up to get ready to go, and Aaron said "No, I'll go." And then I just got up, and so he sat back down.

Q: At the time that you began to leave to go to the the ATM, did you have the opportunity to put any clothing on?

A: I put on a sweatshirt, a white sweatshirt, and that's it.

Q: So you had no undergarments on, is that correct?

A: No.

Q: Did you have any shoes or socks?

A: No,

Q: When you left the residence, do you recall how it was that you walked from the home, what exit you took?

A: Front door.

Q: And when you got to the front door, was the porch light still on at that time?

A: I believe so, yes.

Q: The individual who was taking you from the residence, did you have an opportunity to observe, to see which one of the two it was?

A: It was the fatter of the two.

Q: And when you walked out the front door, where did you go?

A: To Jason's truck.

Q: Where was that parked?

A: In the driveway.

Q: And would it have been facing South directly facing the garage doors?

A: Yes.

Q: Who drove?

A: I did.

Q: And were you instructed to do that?

A: Yes.

Q: What happened or what caused you to do that?

A: He kind of just waved at the driver's side door.

Q: And then what happened?

A: I backed out of the driveway, turned to go towards 127th street, go east, and drove up 127th Street to 21st Street and turned left.

Q: Did you have any trouble negotiating with the vehicle with the weather that evening?

A: We slid out of the driveway because it was icy and snowy.

Q: And at the time that you were in the vehicle, was there any discussion or directions given to you by the person who was in the vehicle with you?

A: He had asked me what the other guy had done to me, and I said "He forced me to have sex with him" and he just kind of laughed. Then he asked me if I liked it. I said yes thinking that would appease him. He asked me if I had ever been with a black man before, and I said no. He asked me if he was better than my boy. I said yes. He asked me if I liked being with a girl, and I said no, and he said "Baby, that's all right, you ain't got to lie to me." And then we just drove for a while. And then I asked him if he was going to shoot us, and he said no. And I said "You know, you can have whatever you want. Please don't hurt us." I said "Do you promise you're not going to shoot us or kill us?" And he said yeah. And we were coming up on the bank.

Q: At that time, you would have been driving westbound on 21st, is that correct?

A: Correct.

Q: Do you know what banks came into that or what area those banks would have been located?

A: We went to the bank on the northeast corner of the intersection. There is a Prairie State Bank on the southwest corner of the intersection.

Q: And what was the bank that you went to?

A: We went to the one on the northeast.

Q: All right. Are you familiar with or do you have the name of that bank?

A: No.

Q: But you just knew it was opposite the prairie bank?

A: Adjacent to the Prairie State Bank. It wasn't that one.

Q: When you got to that bank, do you know where the actual ATM machine was located?

A: The north side of the parking lot.

Q: Was this an inside ATM or an outside ATM?

A: Outside drive-up.

Q: And were you directed in any way to that particular ATM machine or did you just proceed there?

A: I just went there.

Q: I just went there.

A: Had you ever used that machine before?

Q: No.

Q: When you got to that location, were there any directions that were given to you by the heavier of the two intruders?

A: No, I just started to get money out of the ATM.

Q: Where was ... where did you find your ATM card?

A: It was in my checkbook.

Q: And where did you normally keep your checkbook?

A: In my purse.

Q: When you had last seen it that evening before retiring, had it been in your purse?

A: Yes.

Q: Did you see it at any other place by the time you were going to the ATM?

A: I don't remember how I got it.

Q: Do you remember going into your purse or don't you remember?

A: I don't remember.

Q: When you went to withdraw money, do you recall how much you requested initially?

A: I withdrew 300 or 350, 300 because I think that was the maximum you could take out, and it was like a fifty dollar charge. And then I withdrew another hundred and fifty. I think I tried to withdraw 200 and it wouldn't let me, so I withdrew another 150.

Q: I believe you told us earlier that you thought you had about $500 in your account, is that right?

A: Correct.

Q: When you initially went to withdraw the money, did you roll the window down on your driver side of the truck?

A: Yes.

Q: and again, you were clothed only with a sweatshirt, no other undergarments or socks or shoes, is that right?

A: Correct.

Q: Did you in any way have to lean out to access that machine?

A: I leaned out to get the money out of the ATM, and when I did that the fatter guy rubbed me because I didn't have any underwear on.

Q: Where did he rub you?

A: On my vagina. I fell out of the truck and ... I didn't fall all the way out, but I fell onto the window.

Q: Do you recall whether or not you were able to determine if he had gloves on or was he without gloves?

A: He had on black leather gloves.

Q: Was there any lighting around this ATM machine?

A: Yes.

Q: And when you ... after you got the first amount of money, it would have been in cash, is that right?

A: Correct.

Q: What did you do with the cash?

A: I either saved it until I got all of the cash and then handed it to him or handed it to him twice.

Q: Do you recall if he made demand for it or if you just handed it?

A: I just handed it over.

Q: Was there any conversation by him regarding these withdrawals at all?

A: After I couldn't get any more money out, I asked him if he wanted me to try, and he asked me "Is that all you have?" and I said "Yeah."

Q: Approximately how long a period of time did you spend at that ATM machine?

A: Five or ten minutes, not very long.

Q: After you had withdrawn the full amount of money that you could get out of that ATM, what happened then?

A: We left.

Q: And were you still driving the vehicle?

A: Yes.

Q: Were you able to look at the clock or observe the time in the car?

A: No, he was messing, trying to find a radio station, so the clock doesn't come up when you're changing the channels.

Q: Was there any statements or indication by him that you were not to look at him?

A: When I was turning ... by the ... between the time I got in the truck and I was turning onto 21st Street, he had directed that to me because I can remember turning onto 21st Street and I couldn't look that way to see if there were any cars coming. I couldn't look east because that's.. he didn't want me to see him.

Q: And did you have an opportunity at all to observe him when you were in the vehicle?

A: No. He was kind of crouched back in the seat.

Q: Were you able to identify other than the black coat I believe you indicated that was down to approximately his thigh?

A: Uh huh.

Q: Did you note anything else about his clothing?

A: Just the black leather gloves.

Q: Do you recall whether or not you were able to see his hair or was there anything obstructing that?

A: There was nothing obstructing it, but he was sitting back, so I didn't make out any specific details.

Q: When you returned back to the home, was there any conversation on the return trip?

A: It was either on the way there or on the way back that he told me he wished we would have met under different circumstances because I was cute and we probably would have hit it off.

Q: Did you reply to him?

A: I said "Yeah, me too" and he said "What the fuck does that mean?" And I said "Well, I'm not really having a good time. "

Q: Was that, as far as you can recall, the most conversation that you had on the return trip?

A: Yes.

Q: When you returned back to the residence on Birchwood, where did you leave the vehicle?

A: In the driveway.

Q: And did you then enter back through the front door?

A: Yes.

Q: Do you recall if there was a key or how were you gaining entry to the home at that rime?

A: We just walked in.

Q: So it was not locked at that time?

A: No.

Q: When you returned back in, did you see the second intruder still there in the home?

A: When we walked in, he was kind of hiding behind the wall until the one I was with said "It's me."

Q: And then what happened?

A: I went into the closet, and Aaron left.

Q: Were you able at that point to observe any of the identifying features of the thinner of the two?

A: He had kind of poofy hair, I described it as kind of Buckwheat like, not an afro as far as rounded but just kind of clumpy.

Q: OK.

A: Sticking out (indicating).

Q: You're making some motions with your hand. Let me turn back. At some point in time were you able to see him to visualize his hair?

A: Later on in the night, in the bathroom when I opened the door.

Q: And in the shadows or in the room where your eyes had become accustomed to the dark, were you able to see the outline of the way his hair looked at that time?

A: Not as clearly as as later.

Q: When you returned to the residence, Aaron then had been the last person ...

A: Right.

Q: ... to have gone to an ATM, is that right?

A: Yes.

Q: Was he then removed from the residence?

A: Yes.

Q: And who took him from the residence?

A: The fatter of the two.

Q: And the thinner one of the two was staying there at the residence, is that correct?

A: Yes.

Q: And did you continue to know that that person had a weapon?

A: Yes.

Q: About the first person, the one that took you to the ATM, during that time did you ever see a weapon displayed?

A: He had the ... you could make out the outline of the gum lying on the seat of the truck.

Q: And were you able to tell what kind of gun it might have been?

A: No.

Q: When Aaron left, were you then in the closet in Jason's bedroom?

A: Yes.

Q: And were also Brad and Jason there with you?

A: Yes.

Q: Do you know where Heather was at that time?

A: She was out in the wet bar area.

Q: Had you seen her when you arrived back from the ATM?

A: Yes.

Q: And what was she doing when you came back?

A: She was just sitting.

Q: Where was she sitting?

A: By the wet bar.

Q: Was she on the floor?

A: Yes.

Q: And could you see or did you make eye contact with her?

A: No, I just walked into the bedroom.

Q: How did she appear to you at that time?

A: Kind of just spaced out, shocked, in shock.

Q: She said nothing to you?

A: No.

Q: When you go back into the closet, what, if anything, do you hear or observe?

A: When we were in the closet, at the wet bar there were ... Jason had some glasses above the wet bar, and there was a bottle of Weller's, and I heard one of the guys ask Heather ... what Weller's was. She said "It's whiskey." You could hear him making a drink. He came over to the closet door and held out a drink and asked if anybody wanted a drink. We all said no. He shut the closet doors. Then I heard him come over by the closet. There was like a big jug of money, like one of those big milk jugs full of change, and I heard him pick that up. And then I heard -- there was a popcorn tin that sat next to Jason's bed that I heard him open, and then a little bit later I heard him ask Heather whose this was, and she said "It's probably Holly's, but she doesn't know about it."

Q:: I'm going to stop you there for a second. When this conversation ... some of these activities are occurring within the bedroom with items you are familiar with, is that correct?

A: Yes.

Q: So you knew the sounds?

A: Yes.

Q: And there was money and other items in those, in the jug in the tin can, is that right?

A: Yeah. My Mom gave him the tin, so I was familiar with it.

Q: When the discussion occurs with Heather regarding some item, was she outside again in the same area by the wet bar?

A: Yes.

Q: And were you able to observe at that time what she was being shown?

A: No.

Q: So you only know that a comment was that ...

A: It was probably mine but I didn't know about it.

Q: Did you have any thought at that time as to what that item might be?

A: I was under the impression that it was a ring from events that happened in like a week prior.

Q: And would this ... what type of ring would this have been?

A: An engagement ring.

Q: Had you and Jason formulated plans at some point for an engagement?

A: We had talked about it several times over the years.

Q: So when you were listening to this conversation, was there anything that was directly said to you that led you to believe that was your ring?

A: No.

Q: When Heather made those comments, did that incur any action by the taller, thinner, or the thinner one of the two intruders?

A: He asked which one was Holly. He asked who, who did she belong to. He came over, and he opened the closet door, and he pointed the gun at Jason's head, and he asked, "Is this the only one?" And Jason said "Yeah." And that was it.

Q: When he opened the door, do you remember where Jason was placed in relation to the louvered doors?

A: Jason was in between Brad and I, which would have been right in the middle of the closet, which weren't able to be closed.

B: Were you able to see what it was that was being shown to Jason at that time?

Q: No.

Q: Was there any further discussion as to what the item might have been at that time?

A: No. Jason said it was the only one, and then he turned around and looked at me, and then Brad looked at me, and that was it.

Q: After the gun was pointed at Jason and the door was then closed again, do you have recollections of what you heard or observed?

A: That's when Jason turned to me, and that's when Brad turned to me after they closed the doors.

Q: At the time when the door was opened, was the light in the closet still on?

A: Yes.

Q: And were you able to see any better at that time, any of the people in the room?

A: No. The doors weren't opened far enough to see anyone.

Q: Do you know that at the time when when Jason was in the closet, would it be correct that he had no clothes on at that time?

A: Yes.

Q: Were you able to observe anything about his physical condition?

A: He had some red marks on his back, three different kind of almost in a square shaped marks.

Q: Did you draw a conclusion about when those marks might have been placed?

A: Sometime throughout the night.

Q: Had you seen Jason prior to going to bed to observe whether he had those marks on there before that?

A: He didn't.

Q: Did he say anything to you about how they had been caused?

A: No.

Q: At some point in time did Aaron return to the residence?

A: Yes.

Q: And was there any conversation among the two intruders as to any of the money that they might have received.

A: I don't recall any specific words.

Q: Was there any conversation at all at that time that you remember.

A: No.

Q: What happened when Aaron returned?

A: Once everybody got back, after a few minutes I was called out of the closet, and I was taken to the dining room area. Heather was no longer in the area of the wet bar area, and the bathroom door was closed.

Q: How were you identified in telling you to come out of that closet?

A: I was called shorty.

Q: Was that what one of these individuals called you?

A: Yes.

Q: Do you recall which one?

A: I believe it was the fatter of the two.

Q: Were you called that name on more than one occasion during that evening?

A: I was called it a couple different times.

Q: When you were called out of the closet, you noticed that Heather was not in the immediate area. Were you taken to another location?

A: I was taken to the part where the dining room table would sit, but there wasn't a table. I had a bunch of boxes that the Christmas decorations had been in.

Q: What happened there?

A: On the way over to the boxes I had a pair of earrings, and he asked me, he said "What are those?" And I said "They're fake. You know, you can have them if you want them." I started to take them out. He said "No, I don't want them. I laid them down on one of the Christmas boxes.

Q: Then what happened?

A: He said something that scared me, and I kind of jerked, and he told me "Relax" he wasn't going to shoot me yet. And I kind of flipped out because he had told me prior to that he wasn't going to shoot me, and he said he wasn't going to shoot me yet. He told me to get down on all fours, and he penetrated me.

Q: Penetrated what part of your body?

A: Vaginally.

Q: With?

A: His penis.

Q: Do you recall if he ejaculated internally into your vagina?

A: He didn't ejaculate internally. He told me to turn around and swallow it, and so I turned around and swallowed it.

Q: Did he place his penis into your mouth?

A: Yes.

Q: Then what happened?

A: I walked in front of him over to the bathroom. He opened the door. I saw the skinny guy raping Heather vaginally. She was on all fours. I started to open the door at the fatter guy's request, and the guy inside said 'Hold on, I'm not done." And then we stood there in the hallway for a minute, and then I opened the door again, and he directed me to come inside, and he raped me vaginally.

Q: Now, at the time after you had been sexually assaulted in the dining room area is when, after that you walked towards the bedroom to the bathroom into the hall, is that correct?

A: (Nods head).

Q: And you were still accompanied by the fatter of the two men?

A: Correct.

Q: So the person inside the room with Heather was the, what you've described as the skinnier person?

A: Yes.

Q: Were you able to identify or see him clearly in the bathroom while he was sexually assaulting Heather?

A: Yes, because the bathroom light was on, and when I opened the door he looked up.

Q: What did you observe?

A: That's when I really noticed his hair and how it was kind of clumped together. I saw his face. I saw his clothing.

Q: Can you describe for me, if you will, the clothing that you observed.

A: He had on a black leather jacket. He had on an orange and black FUBU sweater and some jeans.

Q: Now, directing your attention to the FUBU sweater, can you tell me what led you to believe it was FUBU?

A: It was orange and black, but it wasn't like a patterned orange and black. It was ... I describe it as sometimes you can buy that yarn that goes from one color to the next color like a regular yarn that the colors kind of fade into each other. And it was like an orange that fades into a black that fades into an orange. It wasn't checkered, and it wasn't plaid or print. It was just woven, and it had big, black letters on it, and it said FUBU.

Q: Would that be spelled F-U-B-U?

A: Yes.

Q: Did you know that brand of clothing?

A: Yes.

Q: So you recognized it as a brand ...

A: Yes.

Q: ... that you knew?

A: (Nods head).

Q: When you described the jeans, was there anything significant that you recall today?

A: Not about the jeans.

Q: Is there anything about other clothing items, shoes or anything of that nature?

A: I believe he had on tannish-colored boot, like hiking boot type shoes.

Q: And did you notice any shirt or was it just the sweater that you observed?

A: Just the sweater.

Q: The jacket that he had on, were you able to describe the length of it or anything else about it?

A: It was one of those also mid thigh, not cropped, not long leather black coats.

Q: Do you know whether or not he had any leather apparel on his hands?

A: Not at that time.

Q: Now, I'm going to direct you back to the hairstyle, and I'm going to ask you if you can help me understand you better. You mentioned that ... I believe you said it was not an afro, is that right?

A: Right.

Q: Okay, can you describe for me what an Afro hair would ... looks like.

A: When I think of an afro, I think of Michael Jackson when he was little. It comes off your head, but it comes off like a helmet.

Q: So a type of combed-out hairdo?

A: Yes.

Q: And that is ... when you describe an afro, that is what you mean?

A: Right.

Q: You said that this thinner one of the intruders did not have an afro but it was sticking out?

A: Like clumpy, spiky, not all together, bits of hair clumped together.

Q: Well, if you were to take hair gel and put it on your hair and spike it, was it kind of a punky look or do you have a better word to describe it?

A: I mean, it wasn't like spiked punky. It was just bits of hair that were put together that stuck off the head and not flat to the head.

Q: All right, when you initially visited that issue, I think you used the term it was like Buckwheat.

A: Yeah.

Q: Can you describe who that might be?

A: He's that cartoon guy, that Little Rascals guy.

Q: Does he wear his hair in a distinctive manner?

A: Yes.

Q: Is this similar to what you observed that evening?

A: As far as coming off his head, yes.

Q: Were you able to tell if the hairs were separated because they were braided or ...

A: They weren't braided. I don't know how they were.

Q: But you knew?

A: Separated.

Q: You knew that they were separated?

A: Yes.

Q: Was there a distinct number of individual pieces around the head?

A: They were just all over.

Q: Was there anything else that you observed about this individual in the bathroom with Heather regarding his personal ... way he looked?

A: I saw his face, and I saw his hair.

Q: Could you give an age estimate.

A: Early twenties.

Q: Could you identify his height, although he was on all fours at the time?

A: Not at that time.

Q: Did there come a point later when you were able to get a better estimate as to his height?

A: Earlier. I believe he's the taller of the two.

Q: And is that in relation to your own height?

A: In relation to my own height, they're both taller. I mean, several inches taller than I am.

Q: And you were five foot four.

A: Yes.

Q: The occasion when you opened the door and Heather was on the bathroom floor on all fours, you were able to observe the act of intercourse at that time?

A: Yes.

Q: And did Heather verbalize any words or other noises at that time?

A: Not at that time.

Q: When the door was opened a second time, what did you observe then?

A: He had withdrawn and had told me to get down, and he proceeded to have intercourse with me.

Q: Where was Heather?

A: Sitting next to me, not sitting but on all fours.

Q: And this would have been in a bathroom off the hallway, is that right?

A: Correct.

Q: And how large a bathroom is this?

A: From the sink to the door there's only about 3 feet.

Q: So it's a very tight area?

A: It's a very small bathroom.

Q: Was the light on during this time?

A: Yes.

Q: And were you able to continue to observe this individual?

A: No. I was put on all fours.

Q: And did the act of penetration into your vaginal area occur by means of his penis?

A: Yes.

Q: What happened then?

A: He proceeded to do that. When he was finished, he stood up and sounded like he was taking off a condom, and he flushed the toilet.

Q: Did you observe a condom?

A: No.

Q: So you were basing this on what you heard, is that right?

A: Right.

Q: After the sexual activity had occurred with both you and Heather, what happened then?

A: We were both brought out of the bathroom, and we sat out by the wet bar.

Q: On the floor?

A: Yes.

Q: Then what happened?

A: We sat there. We were taken into the garage and put into the trunk of Aaron's car. The guys were brought out, and they tried to put all five of us in the trunk of the car, realized it wasn't going to fit, and Heather and I were taken out of the trunk of the car and put into the back seat of Aaron's car. The guys were put into the trunk of the car. At that time Heather looked at me. She asked me "I wonder how long they can last in a trunk." And two guys came out. They were already out in the garage.

Q: Are you speaking of the intruders?

A: Yes. And then they opened the garage door. They talked for a little bit. They opened the garage door. I was taken ... Heather sat closest ... the furthest away from the driver's side door. I was taken out of Aaron's car. The trunk was closed. They opened the garage door. Jason's truck was immediate ... it was parked behind Aaron's car. The skinnier of the two guys got into Aaron's car. The larger guy and I walked to Aaron's truck. He got in the driver's side. I got in the passenger's side. And they left.

Q: You said that Aaron's car was in the garage. Is that correct?

A: Yes.

Q: And would there have been any other cars in the garage at that time?

A: Brad's car was parked next to Aaron's.

Q: What type of vehicle did Aaron have?

A: A Honda Accord.

Q: And so when you describe you and Heather being placed in the trunk, it was crowded with the two of you in there, is that right?

A: Correct.

Q: Were you clothed at the time you were brought from the house?

A: I had on a green sweater, I don't know when I got it, but I had a sweater on.

Q: Did Heather have any clothing on?

A: She also had on a, some sort of sweater or sweatshirt. I believe it was white.

Q: And as far as the other items of clothing including underwear from that shirt down you were naked?

A: Yes?

Q: Did you have shoes?

A: No.

Q: And Heather?

A: No.

Q: The individuals, men, Brad, Jason, and Aaron, do you ... were you able to observe whether or not they had any clothing on?

A: Yeah. They were naked.

Q: All of them?

A: Well, not the intruders.

Q: No, I'm sorry, the three ...

A: Yes.

Q: The three friends. And when you then left the residence, you were then in Jason's truck with the fatter of the two, and Heather was in the passenger seat of Aaron's Honda, is that right?

A: Correct.

Q: And the three men were in the trunk of the Honda?

A: Correct.

Q: Where did you go?

A: We went down 127th Street to 21st Street, up Greenwich and under 96 Highway and into a road that had like a median in the middle of it.

Q: On the way to that location it was just you and the individual who had taken you to the ATM?

A: Correct.

Q: Did you have any further discussion in the vehicle at that time?

A: I asked him where we were going. He said he just wanted to drop us off far away from either his car or our car.

Q: And was there any further discussion on the way to that location?

A: No.

Q: When you were driving that way, were you able to observe the clock in the vehicle at that time?

A: It was 2:07.

Q: When you left Greenwich Road, was the area surrounding this location where you pulled off, did you notice whether or not it was populated with any houses?

A: There were no houses. I thought it was a subdivision that was starting to be built. They had only gotten to the road.

Q: And again, at this time, at 2:07 in the morning, what the conditions were on the roads and the air?

A: Pretty much was clear, but it was still very cold and snowy.

Q: When you arrived at the location off Greenwich, how did the vehicles come to be parked?

A: Aaron's car was being driven in front of the truck, and they pulled in first and kind of pulled in front of the median, and Jan's truck was pulled up next to it.

Q: What direction would they have been facing?

A: West.

Q: So both vehicles would have been westbound parallel to each other, is that correct?

A: Correct.

Q: And you were then in the passenger side of the truck?

A: Correct.

Q: And did you observe the other people that you had left the home with?

A: The other intruder and Heather were in the front seat of Aaron's car.

Q: Then what did you see?

A: I sat in the truck for a few minutes while the other guy got out. The intruder in Aaron's car got out of the car. They talked for a few minutes. One of them came over and started hitting the dome light in Jason's truck because it wouldn't go off because it has an automatic shut-off thing. You know, when you open the door, it shuts off on its own later, not when you shut the door, but on its own.

Q: And were you in that vehicle at the time the light was on?

A: No. I had gotten out of the truck and was directed to sit on the front seat of Aaron's car.

Q: And then Heather would also have been in the car at that time?

A: Yeah.

Q: So the light goes on in Jason's truck, but you're no t...

A: In it.

Q: ...in it? And when you were with Heather, was there any conversation you had at that time?

A: Not until after the guys were brought out of the trunk.

Q: Time wise you said initially you referred to the time as 2:07, the approximate time period. Would that have been about the time that ended this trip at Greenwich Road or on the way there, if you recall?

A: I don't know. I just remember looking at the clock.

Q: Approximately how long after the cars had been parked on this road way did you then see Jason, Aaron, and Brad?

A: Just a few minutes.

Q: And did you ... were you still in the car with Heather at the time you saw this gentleman?

A: We were sitting in the driver's and passenger's seat, and the guys were brought out of the trunk and kneeled in front of the car.

Q: And that would have been directly in front of you then, is that right?

A: Correct.

Q: Did you have any idea what was happening at that time?

A: At that time I turned to Heather and I said "They're going to shoot us."

THE COURT: I'm sorry. Let's take the break now.
 

THIRD SESSION

MS. FOULSTON:

Q: Ma'am, prior to the recess that we took you were giving testimony with regard to this case, and for the record, you are the same H.G. who was on the witness stand prior to the 3:00 recess, is that right?

A: Yes.

Q: Directing your attention back to the residence on East Birchwood, I believe that we had some discussion about property that was in the residence. Do you recall that?

A: Yes.

Q: And some of the property that you identified would have been the big screen TV, 52-inch, that belonged to Brad Heyka, is that correct?

A: Yes.

Q: And you also identified some other property, milk jug with money and some stereo equipment that belonged to Jason Befort, is that right?

A: Correct.

Q: At the time that you were forced to leave the residence somewhere around 2:00 in the morning, were there any items of property that you observed taken from the residence by the two intruders?

A: No.

Q: And we had some discussion about your Schnauzer dog named Nikki, is that right?

A: Correct.

Q: At some time during the time that the intruders were in your home, did you take any action to restrain your dog?

A: When they were looking for or when the skinnier individual was looking through and found the whiskey, her basket of stuff was under the wet bar sink, and he found a muzzle and threw it in the closet, and we put the muzzle on her.

Q: Had she been continuously barking or growling?

A: No.

Q: And at the time that you left the residence or if ... when you left at approximately 2:00 in the morning, did you see your dog at that point in time?

A: She was in the closet when I left.

Q: And what was her condition at that time?

A: She was alive.

Q: Reflecting to the traveling down Greenwich Road from 127th over to this area you described for us as a remote area, I believe you indicated that the approximate time frame was around 2:07. Is that right?

A: Correct.

Q: I believe when we left off before the recess you had been talking about both you and Heather had been in Aaron's vehicle facing in the westerly direction, is that right?

A: Correct.

Q: And at that time your three friends, Jason, Aaron and Brad were removed from the trunk and came into your vision. Do you recall that?

A: Yes.

Q: What did you observe at that time?

A: They were brought out of the trunk and kneeled in front of the car. Aaron would have been to the north, and then Brad and Jason was on the far south side.

Q: And at this time when they are kneeling, where you able to hear any instructions that were given or was this just observation?

A: Just observation.

Q: At that time, was there any discussion, any further discussion between yourself and Heather Muller?

A: No.

Q: What happened next?

A: After the guys knelt in front of the car, we were directed out of the car. Heather went up by Aaron, and I went down by Jason.

Q: So Heather would have been on the northernmost ...

A: Correct.

Q: ... location with Aaron next to her, is that right?

A: Correct.

Q: Then Brad?

A: And then Jason.

Q: And then Jason and then you? And at this time there were the five of you in that location. Do you remember how you were positioned at that time?

A: We were kneeling with our backs to the car.

Q: Did you observe where the two intruders were at that time?

A: They were behind us.

Q: And was there any talk or discussion you could hear between the two of them?

A: Not that I recall.

Q: What is the next thing you recall after you took your place by Jason befort?

A: As I was kneeling, a gunshot went off, and I heard Aaron and ... I can distinguish Aaron's voice. I don't know if Brad and Jason and myself were also screaming, but I remember Aaron saying "Please, no, sir. please" and then the gun went off again.

Q: What was your next observation?

A: I was shot.

Q: Do recall hearing any other gunshots before you yourself was shot?

A: Heather's went off, the first gunshot went off, and heard Aaron, and then there were three more gunshots before I felt the gunshot that hit me.

Q: Did these gunshots appear to be succession with Heather receiving the first?

A: Yes.

Q: And then to Aaron next to her?

A: Yes.

Q: And then to Brad?

A: Yes.

Q: And then to Jason?

A: Yes.

Q: And at the time when you were hearing these noises, did you feel any impact?

A: I felt the bullet hit the back of my head. It went kind of gray with white like stars. I wasn't knocked unconscious, and I didn't fall forward.

Q: What happened then?

A: They came by. I don't know which one. I can remember being shot, and then I was kicked from behind. And I kind of fell forward but on my side like not face down, and then I could hear the truck door slam and the truck start. And then I felt the truck impact my body as they ran over me.

Q: Now ma'am, you indicated that in this line of individuals you were the last one you believe was shot, is that right?

A: Correct.

Q: And you've also said that at some point afterwards ... while you didn't get knocked out, you saw stars, saw gray?

A: Correct.

Q: Was it at this point when you felt pressure being put on you being kicked or hit by someone?

A: It was at the end of the ...

Q: And where was your body contacted?

A: The back.

Q: Do you have an idea from what you felt as to what had happened?

A: Someone had kicked me, and I had fallen forward.

Q: When you fell to the ground, did you have any conscious recollection of what was happening at that time?

A: I remember lying there. I knew I had fallen over once they had kicked me, and I was playing dead. I didn't move. I didn't want them to shoot me again.

Q: And did you recall any discussion between these two intruders as you were lying on the ground pretending to have died?

A: No, I do not.

Q: When you say that you could hear the truck start up and then you felt an impact with your body, do you know approximately where your body came into contact with the vehicle?

A: No, I can remember hoping that it didn't go over my head, but I don't know where it hit me. I could just feel impact.

Q: And had you been able to see, visualize the wheels to that car, truck, coming at you?

A: Not that I recall.

Q: Do you know how long it was before those individuals left the immediate area?

A: It was right after the gunshots, right after ... it didn't take very long. From the first gunshot went off by the time I was kneeling, I'd say that only took four of five seconds. And then I was kicked, and then I heard them get into the truck.

Q: When the truck started to move away, were you able to determine which way it was going?

A: It was on my left because I was on the end, and that's where it was parked, and it went in front of me.

Q: And would that have been towards the north first?

A: No. it would actually have been towards the west, and then it stopped, and I thought they were coming back to run me over again, and then you could hear it go like leave east.

Q: Did you have an opportunity at any point soon thereafter to observe the lights of that vehicle?

A: I waited until I couldn't hear it anymore, and I looked. I didn't move but I turned my head to see where it had gone, and it was pulling out of the road and going south on Greenwich.

Q: What action did you take in that time?

A: I waited until I couldn't see headlights anymore. I got up. I looked at everybody. Everybody was face down. Jason was next to me. I rolled him over. There was blood squirting everywhere, so I took off my sweater, and I tied it around his head to try and stop it. He had blood coming out of his eyes. I tied the sweater around his head. Then I went over to Brad, and I was saying everybody's names. And then I realized it wasn't going to do me any good to stay there, so I started looking around to see where I could run to. And there were lights directly to the west of us quite a ways off, and I thought that it was an airport, so I assumed it was like some sort of farming type thing, so assumed there probably wasn't going to be a phone or anywhere to get help there. So I looked off towards 96 highway, which is visible, and there was a house to the southwest that had Christmas lights on, and I started running towards it because it was the only thing you could see.

Q: When you started to run that direction, did you travel by the main road?

A: No, I ran through a field.

Q: And were you at any point stopped during that field? Did you ...

A: There were three or four cars that were traveling north on Greenwich, and anytime I saw headlights, I dove and tried to cover my body in the snow, thinking that if they came back, I didn't want them to be able to see anybody running. I wanted them to think that everybody was still there as they had left them.

Q: Did you then continue on through the field to a location where you came in contact with other people?

A: I ran southwest. I climbed a fence. I crossed 96 highway, climbed another fence. There was kind of like a dirt road that was behind a subdivision, and I was running along it up to the back of a white house and ran around ... while I was running on the dirt road, there was a car that was going south on Greenwich that looked like it was coming toward the subdivision. And I thought it was them, so I started running harder to the house and ran around to the front of the house and rang the doorbell.

Q: This would have been sometime after 2:07, correct?

A: Correct.

A: It took a while. I rang the doorbell several times, and I was pounding on the door. And they have a really long panel of glass that they were peeking out of to see who was ringing their doorbell at that time of the night. And there was a man and a woman who answered the door.

Q: And they admitted you into their residence?

A: Correct.

Q: Did there come a point in time after you went to that residence that law enforcement officers came to the scene?

A: Yes.

Q: And did it also occur that an ambulance came and transported you ...

A: Yes.

Q: ... to the hospital?

A: Yes. They called 911.

Q: At the time when the officer came to the scene and talked with you, were you able to give a description of the individuals that had been the intruders into your home, Jason's home, on East Birchwood?

A: I believe I gave it to the 911 operator.

Q: And did you then talk with an officer there?

A: On the phone?

Q: At the scene. If you know.

A: I don't remember. I remember the ambulance people. I don't remember what officers were in the house and if I talked to them.

Q: When you called and talked with 911, were you able to clearly recall the events of that evening?

A: Yeah. The man who lived there had actually called 911 and helped me through it. He was tired of relaying information, so he handed me the phone and said "Here, you talk to them." So I talked to the 911 operator.

Q: And then at some point followed up with law enforcement emergency vehicle and and on to the hospital?

A: Right.

Q: Now, at the time that you have been testifying in court here today, you have identified two intruders that entered the home the 14th of December and then whom you had contact with until the 15th of December in the early morning hours. Do you recall that testimony, do you not?

A: Correct, yes.

Q: And at various time during your testimony you have been able to give what information you could regarding those people, is that correct?

A: Correct.

Q: Are you able to identify whether or not those people are in this courtroom today?

A: Yes.

MS. FOULSTON: I'm going to ask Your Honor if ... would it assist if those individuals stood?

A: Yes.

Q: And are you able to judge the height and weight by those, by that basis?

A: Yes.

MS. FOULSTON: Your Honor, I would ask the Court if the defendants would stand.

MR. WACHTELL: Your Honor, could ... we have the motion on file. We would renew our objection and object to this request.

MR. EVANS: Same announcement, judge. I think this is the very practice that our motion goes to.

THE COURT: Well, your objection is overruled. I'm not going to have anybody stand until she identifies them first.

MS. FOULSTON: OK, that's fine.

Q: Do you see those people in the courtroom today?

A: He's the one that I called the skinny one, only his hair hair is flat to his head, and I do not recognize the fat one.

MS. FOULSTON: The record should reflect that the witness has identified Jonathan Carr.

THE COURT: It does.

MS. FOULSTON: No further questions.