Terence Lenamon's Trial Documents: Joshua Fulgham Trial - Penalty Phase Closing Arguments & Verdict

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

JOY HAYES & ASSOCIATES(352) 726-4451

1

IN THE CIRCUIT COURTOF THE FIFTH JUDICIAL CIRCUIT

IN AND FOR MARION COUNTY, FLORIDA

CASE NO.: 2009-1253-CF-A-Y

STATE OF FLORIDA,

vs.

JOSHUA FULGHAM,

Defendant.

EXCERPTCLOSING ARGUMENTS

PROCEEDINGS BEFORE: HONORABLE BRIAN LAMBERT

DATE: April 20, 2012

LOCATION: Marion County Courthouse110 Northwest 1st AvenueOcala, Florida

REPORTER: Katrenia L. Horiski, RPR, FPR

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


2

A P P E A R A N C E S

BRAD KING, ESQUIRESTATE ATTORNEY110 Northwest 1st AvenueSuite 5000Ocala, Florida 34475

-and-

ROCK HOOKER, ESQUIREAssistant State Attorney110 Northwest 1st AvenueSuite 5000Ocala, Florida 34475

On behalf of the State

TANIA ALAVI, ESQUIREAlavi, Bird & Pozzuto, PA108 North Magnolia AvenueSuite 600Ocala, Florida 34475

-and-

TERENCE M. LENAMON, ESQUIRESTUART L. HARTSTONE, ESQUIREMELISSA ORTIZ, ESQUIRENew World Tower100 North Biscayne BoulevardSuite 3070Miami, Florida 33132

On behalf of the Defendant

Also Present: Kathleen O'Shea,Defense Mitigation Specialist

* * * * * *

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


3

P R O C E E D I N G S

* * * * * * * *

THE COURT: Okay. All right then. We will

bring our jury back.

(The following took place within the presence and

hearing of the jury:)

THE COURT: Okay. All right. Ladies and

gentlemen, good morning. Welcome back. It's April

20. We're getting ready for closing arguments.

Thank you for your patience this morning. We had

some things that we needed to address outside of

your presence, which we have done.

Let me ask initially, anybody read anything

in the paper or see anything on the television or

hear anything on the radio or get anything on the

Internet about this case? If you did, please raise

your hand.

Okay. All right. Ladies and gentlemen, the

State and the defense have rested their case in the

penalty phase of this trial. The attorneys will

now present their final arguments. Please again,

remember that what the attorneys say is not

evidence or your instruction on the law.

However, do listen closely to their

arguments. They are entitled to aid you in

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


4

understanding the case. Each side has been given

equal time to allow -- they can use up to two hours

if they need it.

It's a little different than in the first

part. Mr. King will make his final argument or

closing argument and then Mr. Lenamon, I believe,

on behalf of the defense will make the final

argument and that will be the end of arguments.

Also I believe you will hear during the

course of the closings, some recorded

conversations. And again, these conversations were

in evidence and you can consider them as any other

evidence that you will be able to review and

receive. There is no transcripts of what's going

to be provided to you now. The transcripts that we

talked about earlier are not evidence of what was

actually said.

Also in listening to the recording or

watching the video you may notice that there may be

portions of the conversation that are missing.

Again, you should only consider what is actually in

the recording. You shall not consider what might

have been said in the portion of the recording, nor

should you be concerned about why it was removed.

The recordings, as they were presented to you

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


5

in evidence, and they will be presented to you as

what you should consider. That is the evidence and

the redacted part is not evidence.

Okay. Mr. King, go ahead, sir.

MR. KING: Thank you, Your Honor. Good

morning, ladies and gentlemen.

THE JURY: Good morning.

MR. KING: Of all of us that are gathered

here as part of this process, y'all are the only

ones that aren't here by your own choice. Every

one of you were summoned because your name appears

on the driver license rolls of Marion County,

Florida and you're over 18. And that's the

requirements by you can get a jury summons to come

to court.

And when you come to court there are all

kinds of different cases that are handled by our

court system. And you get assigned to one

courtroom or another. Y'all got assigned to this

courtroom, to this case. And I expect that for

most of you it has been a very grave experience

that you've been going through for these last three

weeks, because what we ask you to do is very, very

serious.

It is one of the most serious things that we

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


6

ever ask of our citizens, to truly sit in judgment

over another human being. And so when we do that,

we try to make sure that we give you a clear set of

rules to follow so that as you make this decision

you can recognize, I am doing what the law says I

am supposed to do so that you don't take upon

yourself the complete emotional burden of I have to

decide this, because you were required to come and

decide this.

And so we give you that comfort, so to speak,

that guidance, here is how it's supposed to be done

so that what you do is channeled within the scope

of the law and the scope of the evidence and the

testimony that you hear so that what occurs in this

part of the process, the penalty part of the

process, is an individualized sentencing process

for Joshua Fulgham. That means you look at his

whole life in the context of the law and the

evidence.

And what I would suggest to you is, the part

of that process is you are going to decide what to

believe, you are going to decide what is true, what

the truth of this situation is.

Now, I suggest to you one thing about truth,

it does not evolve, it does not change based upon

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


7

circumstance. Truth is what truth is. And I

suggest to you that from the outset of this case

the State of Florida has been abundantly clear with

you that we believe the facts prove Mr. Fulgham

guilty of first degree murder and kidnapping.

MR. LENAMON: Objection, Judge.

THE COURT: Overruled.

MR. KING: And that as a result of that, we

were going to request of you that you return a

recommendation, based again upon the law, that he

be sentenced to death for what he did. That has

not changed from the day you walked in here until

now. We have always been clear about what we were

going to ask you to do.

And so what I suggest to you is that what

you're going to have to decide when you make your

recommendation is what is the truth of what

happened to Heather Carr (sic), what is the truth

of how she died, what is the truth of how it was

planned, and what is the truth about his life.

And then you will have to, as the judge will

tell you, you have to weigh those things. And it

will be given to you to weigh within particular

context. The judge told you initially, if you

recall when you were being questioned about the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


8

death penalty and could you follow the law and

could you follow the process that was set out, he

kind of gave you an overview of that process. And

he will again at the close of the arguments of both

parties.

He will give you a complete detailed set of

instructions, the law, just like he did before.

Everybody gets a copy, here's what the law is, as a

way for you to go through this process of deciding.

And part of that process, he's going to tell you,

is you first look for aggravating circumstances,

because if aggravating circumstances don't exist

that's the end, we're finished.

But what is an aggravating circumstance?

Well, there are things that are statutorily created

and the judge is going to tell you the ones that

apply to this case. And I suggest to you that when

you hear them, those circumstances are going to be

something that increases the gravity of the crime

of first degree murder.



MR. KING: Or that it increases the gravity

based on the harm that was done to the victim.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


9


MR. KING: Now, in this case I expect the

judge will instruct you on three circumstances that

you can consider. The first one, and they may not

be in this particular order, but the first one I

want to talk about is that the crime was committed

during the commission a kidnapping. Now, that may

seem obvious to you, whether that's true or not

because you were there when you decided.

We weren't there. We don't know your thought

process. So what you have to do for yourselves is

go back and think about, what did your verdict

mean, what was it based on. And we introduced for

you the Court's judgment, the finding of guilt

based upon your verdict.

And you can take this judgment and your own

understanding of your verdict and decide, did this

murder occur during the course of the kidnapping.

And if it did, based upon your view of the facts,

then this aggravating circumstance is proven.

Now, the next aggravating circumstance is a

circumstance called cold, calculated and

premeditated. And the judge is actually going to

tell you, and he's going to give you the jury

instruction, this is what this means. Basically,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


10

he's going to tell you that cold means a murder

that was the product of calm and cool reflection.

It was deliberated upon. It was planned and it was

carried out, cool reflection.

Calculated, a careful plan or a prearranged

design to commit murder. And then, of course,

premeditated, you've already been explained and it

will appear again in your instructions that it is

consciously deciding to kill.

So, how do you go about looking at the facts

to show this? Well, if you remember we talked

about a timeline.

MR. LENAMON: Judge, can we have a sidebar?

THE COURT: Yes.

(Conference at the bench without the hearing of the

jury, as follows:)

MR. LENAMON: Right now they have the

impression that it's just basic premeditation,

Judge. And he's going to talk about basic

premeditation, and that's not what the instruction

is.

The instruction is a heightened

premeditation. So either he --

MR. KING: She can't hear.

MR. LENAMON: Judge, the definitions that he

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


11

presents to the jury only establish premeditation

under basically the standard jury instruction in

the first-degree murder instruction, unlike the

instruction here which required a heightened or

premeditation. So he's basically misrepresenting

what the CCP factor is legally. He's going down to

the facts under a lower standard, and I think

that's incorrect.

MR. KING: What was up there was what cold

means, what calculated means and what premeditation

means. I did not try to put the whole, full-page

instruction because that's the Court's prerogative

and job is to give them the instructions, the full

instructions.

I'm not going to argue that it's a lower

standard, I'm going to argue that this is, in fact,

more premeditation than what they consider in the

guilt phase.

THE COURT: Okay. Objection is overruled.



MR. KING: Some of the timeline you're

already familiar with of what happened, in regards

to the idea of cold, calculated and premeditated.

And that means, so we're clear, it means beyond the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


12

premeditated that you found if you found

premeditation for first-degree murder.

Because, in all honesty, again, we don't know

whether you found felony murder or premeditated

murder. This aggravating circumstance goes to

premeditation beyond that premeditation that's

required for first-degree murder.

It requires, like I said, a cold and cool

reflection and plan of what's going on. So you

have to then think about the facts in the context

of that.

MR. LENAMON: And I object to the CCP that

he's defining. It is incorrect.

THE COURT: Objection overruled.

MR. KING: So you go back to the summer of

2008. You remember when Mr. Fulgham was talking

about that he and Heather had discussed a plan, he

and Emilia had discussed a plan to kill Heather and

blame Ben McCollum for it, and that they had that

discussion and that that then became a part of the

new discussion that came a little bit later on.

But as far as reflection, it began back in

the summer of 2008, the thought process of killing

Heather Strong. December the 26th, he got married.

And if you remember, one of the calls that you

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


13

heard between him and his mother was his mother

saying, you know she had a plan, and his response

was, yeah, I had a plan too, but I didn't get mine

executed at the time before he got arrested.

MR. LENAMON: Objection; mischaracterization.


MR. KING: And so that is going on in this

time period from December the 26th to January the

6th. He had a plan. We don't know for sure what

the plan was, because the only discussion you have

is between him and his mother. Then he gets

arrested on the 6th. And then on the 7th, you hear

what he says.

And then on the 20th, you heard what he said

about, hey, what about those woods behind your

house, the neighbors there. And you will get to

hear that in just a minute. So you have those

things going on. And then you have Friday, he gets

out of jail on the 6th. Nine days later you heard

him talk about putting the plan in place.

And then on the 15th Heather Strong is

murdered. Now, what also is a part of the plan.

See, the plan is really a thought-out constructed

plan. I'm going to get a document to give me

custody of the kids so that after she's dead I can

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


14

go to the school and enroll them in the school.

And what does he do? The day that she's

buried, if you listen to what he said, that it was

two days after she was killed that she was buried,

that same day Mackenzie is enrolled in the school.

And you know that, if you decide to go back and

look at those school records, that that was the day

that they showed up, he and his mother, to register

Mackenzie.

So put it in context, because all this

evidence, I know, comes at you piece by piece by

piece, and sometimes it's kind of hard to just pull

it all together. So what I did for you was to take

these things, these things that came in from

disparate places and just put it all in a row so

you can see it all and hear it all at one time.

MR. LENAMON: Objection. Motion.

(Whereupon, an audio recording played.)

MR. KING: Then we move to him being out of

jail.


MR. KING: Do you want to go ahead and make

your objection to the next one or do you want to

wait?

MR. LENAMON: Objection as to phone calls,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


15

Judge.

THE COURT: Objection is overruled.


MR. KING: So think about those statements of

his in this context of cold and calculated and

premeditated. Think about what he really had to do

and what all of the testimony was that you heard.

The first thing that he did was to get Heather away

from -- isolate Heather.

How did he do that? You heard Brenda Smith,

the manager of Petro said he called her first. He

called her. And when she went and got Heather and

got back the phone had been hung up. So she let

Heather call because they were afraid it might --

she was concerned it might be about her kids. She

made a call and then she made a call.

And if you then recall what happened is

Michelle Gustafson, Joshua Fulgham's sister got the

call at his house, called Joshua Fulgham and said,

Heather has called here for you and he comes home

to take the call when she calls again. He started

that process. And what you know about that

process, because you know about what happened was

he ended that conversation, Heather was upset.

Brenda Smith told you that. She went home

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


16

and she had a conversation with Jamie Acome and he

left Heather by herself. Then you remember what

Jamie Acome said? He got a call from Josh Fulgham,

get your stuff and get out, we're going to get back

together.

Why did he do that? Because he needed to

make sure there was separation between the two so

Jamie Acome wouldn't be looking for Heather Strong

when she turns up missing. Jamie Acome is out of

the picture. He conspires with Heather, makes the

phone call that you heard.

And it's important to note that he was the

one that called her, Do you remember what we talked

about, him instigating the conversation. You still

think about that, him initiating the conversation.

And then, of course, we know -- you know that he

lied to his mother to get her to print up the form

and he tells her Heather is going to Mississippi

when he knew that wasn't true.

And if you recall between her statement, at

least here in the courtroom under oath, and Joshua

Fulgham's statement is that they met coming and

going in her driveway. And she got out to see

Heather. And he said I wasn't going to let her

talk to Heather, because she was thinking Heather

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


17

was going to Mississippi and she was going to tell

her goodbye, and that would have ruined the plan.

So what does he do? He takes off so that

they can't talk. He's got all this going on in his

head, this plan of how to manipulate these people,

keep them apart, tell them different stories so

that he can do what it is he wants to do.

Now, there's something that we haven't talked

about yet that is interesting in the course of this

discussion about planning, because you may remember

there was introduced through Judy Chandler's

testimony, her cell phone records that included

February the 15th. And if you look at these

records in conjunction with what you know about the

facts, because if you remember, and if you can't

remember you can ask to see the first video

statement of Joshua Fulgham where he's asked what

Emilia Carr's phone number is, and he says -- he

names the phone number, 591-9821.

Well, remember I asked Ms. Chandler, was

there any reason you'd be calling Emilia Carr's

phone number on Sunday the 15th. No. She didn't

want nothing to do with Emilia Carr. Somebody was

calling Emilia Carr, had her cell phone that night.

And if you go back and look at these records what

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


18

you'll see is starting at 6:18 in the evening,

there's a phone call from the cell phone to Emilia

Carr's house. There's another phone call at 6:27.

There's another one at 7:07. There's another one

at 7:10. There's another one at 7:14.

It wasn't just one call to Emilia Carr that

night, there were several calls that night. And

then as you look you will see there's a big blank

space -- not blank -- there's just a time period

when there's no phone calls made until 7:45, and

then you'll see a series of calls, 7:45, 46, 47,

48.

I think it was four calls from Judy

Chandler's home to the cell phone. Somebody is

calling looking for the person with the cell phone

and the phone isn't being answered. And then you

will see at 8:56, again, a call out to Judy

Chandler's house, and then you will see at 9:00,

9:01, a call back to Emilia Carr's house.

You can put those circumstances together to

understand that he's got his mom's cell phone, he's

calling Emilia Carr as this plan is coming together

to work out the details of getting Heather Strong

into the trailer and when and how that's going to

take place.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


19

And then there's a long period of silence

while she's being killed. And then there's calls

from home looking for Josh on the cell phone. And

then when he gets home, you remember he says he

called Emilia after that.

So there's clear evidence here, when you look

at those facts, that this was an orchestrated

event, and a premeditated, coolly and calmly

reflected plan of how to do this. He lies then to

get Heather into the trailer, into that secluded,

dark, quiet place. And he has an overgrown place

to bury the body.

And remember again, when the phone call on

January 20 is made, who brings up the conversation

about where the neighbors live and can they see on

the property by the old trailer? Joshua Fulgham

brings up that topic and asks those questions. And

you can hear Emilia Carr saying, why, why do you

want to know.

I've been thinking. I've been thinking.

I've been sitting here in jail thinking. And the

plan is moving forward.

Next you go to the other aggravating

circumstance, that's called, technically in the

instructions, especially heinous, atrocious and

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


20

cruel. Now, that instruction, as well, defines

those terms extremely wicked or shockingly evil.

Atrocious means outrageously wicked and vile. And

cruel means designed to inflict a high degree of

pain with utter indifference to or the enjoyment of

the suffering of others.

That's what sets a crime apart as an

aggravating circumstance, is the effect, the

process of the death has upon the victim. And you

heard about that. It's accompanied by additional

acts that show the crime was conscienceless or

pitiless and unnecessarily torturous.

You have to evaluate, in this circumstance,

what Heather Strong's state of mind was during the

time that she was confronted in the trailer. You

have to do that by looking at what is her history

with Joshua Fulgham.


THE COURT: Objection is overruled. Motion

is denied.

MR. KING: What his treatment was of her.


THE COURT: Objection overruled. Motion

denied.

MR. KING: And then looking at her actual

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


21

suffering as she suffocated to death. That's what

that circumstance is about. You heard telephone

calls in the penalty phase because they weren't

relative, they weren't admissible in determining

guilt. But they are relevant and admissible when

you look at what is her state of mind as she was

being killed.


THE COURT: Objection overruled. Motion is

denied.



THE COURT: Objection's overruled. Motion's

denied.



THE COURT: Objection is overruled and motion

is denied.




denied.

(Whereupon, an audio recording continued playing.)

MR. KING: And then you hear Josh describe

the actual manner of Heather Strong's death.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


22

MR. LENAMON: Judge, I have multiple

objections for this next line before he plays it.

THE COURT: Okay. All right.


jury, as follows:)

MR. LENAMON: Your Honor, he has a PowerPoint

up that says Heather's suffering, so I anticipate

he's going to play transcripts of the phone, but my

objection is also, Judge, we have objected to this

whole line as being used in support of HAC, so I'm

making a double objection on this whole line of

argument.

MR. KING: It's not the phone. It's the

videos of his confession explaining how he kills

her.

MR. LENAMON: Okay. I apologize.

THE COURT: Your standard objection is

overruled.




denied.

(Whereupon, an audio recording continued playing.)

MR. KING: If you remember, he was saying

that before he had ever admitted to having

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


23

participated in the murder. It was in the form of,

oh, those other guys and Emilia that did it. They

told me this about what happened while they were

choking her out.

But now, in truth, we know he was there and

he did it.


MR. KING: So you take all of those things

and put them into the context of what was happening

in the dark, in an unlit trailer, in a place where

Heather didn't want to be, and factor into that, as

well, what she's already gotten in her head from

all the past that you heard, her fear, her

understanding that --



denied.

MR. KING: -- one day he might kill her. You

know that he -- she tells him, I can't live like

this anymore.

MR. LENAMON: Objection as to HAC, Judge.


MR. KING: All of that's in her head when he

grabs her in the trailer and says we're going to

talk. No, we're not. She turns to leave and sees

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


24

Emilia, the person that's held a knife to her

throat. Then she's really scared.

Then she gets hit in the head with a

flashlight, put in a chair. And you know from your

reason and your common sense that she did urinate

on herself as Josh Fulgham and Emilia Carr were

suffocating her to death. That's how scared she

was.

So you look at those things and you put all

of those things together, her panic, her

claustrophobia --

MR. LENAMON: Judge, I have an objection.

Can we come to sidebar?

THE COURT: Yes.


jury, as follows:)

MR. LENAMON: Judge, I have an objection as

to the HAC aggravator. Before the jury, as we

speak, is a demonstrative aid outlining the reasons

the State is positioning, that HAC applies. One of

the things it says in the first sentence is

Heather's fear of Josh Fulgham. I'm referring to

over a period of time. And there's also -- I think

that's the main one that we're talking about, that

goes to the objection that we moved in pretrial.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


25

I'm going to object to move for mistrial

because he has presented this again to the jury and

I believe it's not consistent with HAC.


denied.



MR. KING: So you have all of these things at

play going on in Heather's mind as she sees and she

recognizes and she lives through the experience of

slowly being suffocated to death.

In those three factors I would suggest to you

that there is sufficient aggravating circumstances

under the rules the judge is going to give you that

you could impose death. And, therefore, he will

tell you your obligation is having evaluated the

aggravation and seeing there's enough aggravation,

that death would be an appropriate sentence.

You then have to turn to the mitigation. And

look at the mitigation and determine it. And in

determining it decide what weight to give it. Now,

the mitigation, I think the judge will instruct you

comes to you in different forms. One form is the

capacity of him to appreciate the criminality of

his conduct or conform his conduct to the law was

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


26

substantially impaired.

And mitigator, I expect they will argue to

you, comes from all of these things, these

negatives that they talk about that he had in his

life and that because of those things he could not

appreciate what he was doing.

And you have to look at that and determine is

that so, and then determine what weight to give it

if you find it to exist. The other is you look at

the existence of any other factor in his character,

background or life before the circumstances of the

offense.

That's where we get this concept of an

individualized sentence. You look at everything.

That's why you spent three days hearing about him

from birth -- actually, prior to birth all the way

through, so you could hear his life, what went on

with his life.

MR. LENAMON: Judge, I have an objection as

to what's being presented to the jury as being an

incomplete statement of law.

THE COURT: What does it say?

MR. KING: I'm sorry?

THE COURT: Turn it so I can look at it.

Objection overruled.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


27

MR. KING: And again, just so that we're

clear, I don't tell you what the law is, that's

Judge Lambert's job. He's going to give you all

those instructions. What my obligation is in

closing argument it to try and take what I expect

that law to be and walk with you through the facts

to see, do the facts support this and what weight

to give them.

So I'm not necessarily going to write

verbatim everything, because in all honesty, it

won't all fit on a screen. It is a shortened

version because we know that you're supposed to get

the law from the judge.

But look at these things, where did they come

from. You heard the experts talk about, in

general, these things.

MR. LENAMON: I have an objection. Can we

come to sidebar?

THE COURT: Yes.


jury, as follows:)

MR. LENAMON: I have an objection that he

placed the word negatives above the list of all the

mitigating circumstances that exist in my client's

life. That's a denigration of what these are.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


28

They're not negatives, Judge. I think it confuses

the jury.

MR. KING: That's what his experts called

them.

THE COURT: Objection is overruled.



MR. KING: And you heard experts talk about

their opinions of his life in the form of these

negatives as they impacted him and what they were.

And I can't give you a complete list of what they

may argue to you are mitigating circumstances,

because they can pick, like I said, anything in his

life that they think is mitigating and suggest to

you that it should diminish his sentence.

And they have the right to do that. So I

can't pick all of those things. I can't, just in

looking at what the experts said and the witnesses

said, we all know these are the things in general

that they talked about.

And some of these, there's no question about.

There's no question that there was domestic

violence in his home. There's no question that to

some extent he was subjected to physical abuse.

There's no question that he was subjected to sexual

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


29

abuse by his sister. There's no question that he

abused drugs, both prescription and illicit drugs.

There may be some evidence of brain damage.

That's for you to consider. His codependence,

post-traumatic stress, the dissociative disorder,

all of those things they talked about. And they

talked about it in the form of witnesses, lay

witnesses, Judy Chandler and Leslie Hawkins.

Leslie Hawkins, like I said, there is no question

that those things that she described having

occurred to her and Josh at Rhonda, Josh's sister's

hands. We don't question that.

But when you look at Judy Chandler and her

recitation of everything that happened, you may

need to stop and think, because it's your job to

evaluate credibility. It's your job to determine

the extent to which you believe someone.

And what do you know about what Judy Chandler

is saying. You heard her relate to you that when

this event happened with Josh getting the letter

and Heather disappearing and Heather never called

that she began to suspect something was wrong. She

never doesn't call her kids, something has got to

be out of the ordinary.

Her mother starts calling, asking where she

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


30

is. All of those things that are clearly

indicative that something is wrong. And then the

detectives show up in the evening to talk about,

we're looking for Heather, we're investigating

Heather's disappearance, what does she say?

She won't even clearly tell them that she saw

Heather with Josh on the 15th. She tells them

this, the kids were brought here, I don't know, I

wasn't here, I assumed this. But you know now what

the truth is. Because Josh told you and then under

oath in court she told you. She saw Heather that

night.

Now, nobody in one sense can condemn her for

wanting to protect her child. But on the other

hand, if you're looking for the truth you may want

to be careful in evaluating what she says happened,

because you not only have that instance of her

under oath with the deputy sheriff not telling the

truth, but then you have her concession here in

court that while Josh was in jail she sent alcohol

over to Heather's house to get her drunk with

Emilia Carr to get something that she wanted of

Josh's. That's what she told you.

Now, if she'll go to that extent to protect

and to cover for him, don't you think you ought to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


31

be careful about listening and evaluating what she

tells you.

The other group of witnesses that you heard

was expert witnesses. And the judge has told you

once in the instructions and he will tell you again

that you have the right as an expert witness, just

like any other witness, you have the right to

choose to believe or disbelieve what they tell you

by evaluating everything that they say to you. And

you also have the right, even if you begin to

believe, you tend to believe what they say, you

have the right to assign it weight, just like you

do everybody else, because of their lack of

information, their opinion may not be the best

opinion --

MR. LENAMON: Objection. Sidebar.


jury, as follows:)

MR. LENAMON: I'm noting before the jury is a

demonstrative that says expert witness and the

second down says how much do they know. This Court

precluded us from bringing out how much they knew

through the testimony of the defendant to the

witnesses. And he's impeaching my witnesses in

front of this jury, as I anticipated he would. And

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


32

clearly this is an extension of our continuing

objection and motion for mistrial based on that.

THE COURT: Response?

MR. KING: Your Honor, my intention is to

impeach them with specific things like the phone

calls, like the SPECT test that was asked for that

their opinion is subject to criticism based on

their lack of a full set of information.

THE COURT: Okay. All right. Objection

overruled. Motion is denied.

MR. LENAMON: And the jury wants to take a

break, Judge.



THE COURT: Okay. Let's take five or ten

minutes for a break.

(A recess was taken.)

THE COURT: We're back. The jury is back.

Mr. King, go ahead, sir.

MR. KING: Thank you, Your Honor.

I apologize for being longer than I had

expected that I would be at this point, but there

are things that we have to do in order and

appropriately, and I hope you will understand that.

But we were talking about the experts and how

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


33

do you go about evaluating them. And if you

remember Dr. Maher, as part of his testimony, he

told you, he used the analogy of what we know about

a person is about a foot and what there is to know

about them stretches to the back of the courtroom.

Well, that gives you some idea of what they

know. And in this case what Dr. Maher told you he

knew was that Joshua Fulgham's choices were freely

made. He told you that. He told you that he's

responsible for his choices. He told you clear,

objective actions in subduing Heather. And he told

you he doesn't know, even as an expert, he could

not tell you whether Fulgham could have stopped.

But his whole idea was that all of these

things, these what they called negatives in his

life, his association, his upbringing, all of those

things came together to creating in him a state of

mind that allowed him to do all these things.

And so you have to evaluate, what did they

really know about him. Did those experts know as

much about him as you heard?

MR. LENAMON: Motion. Continuing objection.


denied.

MR. KING: They did not even receive the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


34

things that you saw in evidence, the videotapes,

the telephone calls. You got a clearer, more

accurate picture of what he is like in real life

than what they did.

MR. LENAMON: Objection. Continuing motion.


denied.

MR. KING: But at that he still made his own

choices. If you look at their other expert

witnesses, Dr. Holmes, who was the first lady that

came and testified after Leslie, I believe it was,

and she talked about, you know, he was acquiescent

to women because of all of those things that had

happened in his life.

But yet she had never been given those things

that you got to hear.



denied.

MR. KING: She didn't hear the phone calls

back and forth between him and Emilia Carr and him

and Heather Strong. She didn't hear Heather

Strong's fear of how she lived 11 years with him

and all of those things had she was told would --


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


35


denied.

MR. KING: So what is the value of her

opinion that he's acquiescent to women when all the

evidence that you see is to the contrary.

Dr. Oauou, remember he was the neuropsychologist

that came and had the PowerPoint about what he did

and the tests that he did. And if you remember the

one test that he had put up that Joshua Fulgham was

worse than 99 percent of the other people in his

age group of that one test on executive function,

and presented that to you as that was the fact,

that's the way it was, and omitted entirely the

three other tests that he did that tested executive

function that all scored him, Joshua Fulgham, as

average with his group.

He gave you one part of what he had been

told, what he did, but he didn't give you the full

-- remember the truth all hangs together.



denied.

MR. KING: And you remember too, that he was

-- part of his PowerPoint was the colored brain and

methamphetamine users and how their brains were

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


36

basically cooked by methamphetamine. This he told

you was a compilation of 200 meth users who had

this SPECT test done on them, and all of those

tests were put together as a group to show you what

was on the TV.

And the suggestion was because Joshua Fulgham

had used meth, his brain was like their brain. But

then what did you find out? That exact same test

that was used to create the demonstration of the

brain, he asked for --



is denied.

MR. KING: But he never got it.



is denied.

MR. KING: Because his attorneys decided what

he was to get to rely upon for his opinion.

MR. LENAMON: Objection. Pretrial motions.


MR. KING: So you have to consider how

valuable is that opinion.

And then Dr. Steven Gold who was the trauma

expert, the post-traumatic stress disorder,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


37

basically, expert, who talked about the negatives

and all of the consequences of those negatives.

And you may remember, and I'm sure Mr. Lenamon will

point all of those out to you, but remember what he

said at the end.

When pinned down specifically those things

were not the cause of Joshua Fulgham killing

Heather Strong. That's what he said when he got

pinned down.

And as a part of that, if you recall, the

defense experts testified about executive function

and IQ as being things that impact on your ability

to make everyday decisions to act in everyday life,

to understand consequence of what you do, to be

able to plan. And their suggestion was because of

the tests that Dr. Oauou had given, the one test,

that he had brain damage; therefore, he had

executive function problems; therefore, he couldn't

plan. That's that series of steps to get to this

conclusion that he couldn't plan.

So then what did you find out about Joshua

Fulgham? We brought you again, the things that he

said and what he was talking about. You got to

hear about his -- the true nature of his

relationships as he talked at length with Emilia

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


38

Carr and pinned her down on, you lied about this,

you lied about this, you lied about this, you lied

about this.

And you remember what was said in that? You

can go back and listen to it if you need to, but

they were talking about how people perceived her.

And here's the guy who cannot think, who says,

girl, you got to think about what you're doing,

you've got to think about people see the way you're

acting, you've got to think about how people

perceive what you do.

That's the man who can't think. That's the

man who can't perceive the nature of his actions on

others. That's what you know about him. His true

abilities to function, you got to hear about him

talking about all the things that we face in our

daily lives, paying bills, getting his paycheck,

what's supposed to be paid and who's supposed to be

paid and how it's supposed to be paid, doing his

income taxes, getting the Social Security cards,

knowing that he can claim deductions and get more

refund, so he wants to be able to claim his

deductions, tells his mom about getting a power of

attorney so that she can do it for him while he's

in jail.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


39

Does that sound like a man that can't

function in society, that can't know what he's

doing, that can't realize the result of his

actions. And you know, you heard the true extent

of his cognitive abilities, as he was playing the

two women against each other. Well, not so much

against each other, just playing them separately to

get what he wanted.

Heather Strong, he going to be nice to her,

you heard part of that, I'll give you the house,

I'll give you the car, I'll do these things for

you, you go drop the charges. You heard all of

those things. You heard him then telling Emilia

Carr what? I've got to be kissing her butt because

she can get me out of jail. I've got to do that.

And at the same time he's doing the same thing with

Emilia Carr and telling his mom, who doesn't like

it one bit that he's doing it, I've got to do it,

Mom, I know she's got the money to get me a lawyer.

And you remember too him talking about, we

will throw Heather Strong out of her house, get her

evicted, going to take the car, got to take the tag

off because I don't want my license to be suspended

because I haven't paid the insurance, we're going

to do all those things.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


40

And you can just hear him thinking through

each list of what he's got to do. And he say, but

I don't want to do that to her until I get the

Social Security cards. I don't want to make her

mad yet.

You know the true extent of his abilities to

think and reason. You don't need somebody else to

sit there and try to tell you what you know and can

see and can determine for yourself, especially when

they weren't even given that information.

MR. LENAMON: Objection; pretrial motion.

THE COURT: Overruled. Motion denied.

MR. KING: So you look at those things and

you're at the point of whatever you believe of the

mitigation and the aggravation, you get to the

point where you have to weigh, you have to look at

the significance of the aggravation and the

significance of the mitigation.

And you have to think of it in terms, quite

honestly, of, you know, does that executive

function testimony, does it really diminish

anything you heard about his ability to plan and

carry out the murder. And I suggest to you it

doesn't, if he's fully able to plan that and carry

that out.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


41

CCP is clear. And that aggravator along in

the course of a kidnapping aggravator raises the

seriousness --

MR. LENAMON: Objection.


denied.

MR. KING: Because those -- that's what

aggravating factors are. Now, the other

aggravating factor, you not only have to find

these, that they exist, but, see, the part of it

that you really have to come to grips with is

you've got to decide how much, how significant, how

important that that factor is.

And to do that you have to truly look and

evaluate what is going on in heinous, atrocious and

cruel. You have to take all of those facts

together and say what did those facts really mean

to Heather Strong.

You have to look objectively at what was she

really thinking, what was she really contemplating.

And you have to look at it, not in the terms of the

bright lights of this courtroom, but in the dark by

the light of a flickering Bic lighter where she's

been taken, she's confronted, she's hit in the

head, and she's put in a chair.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


42

MR. LENAMON: I have an objection to this,

Judge. Can we come sidebar?


jury, as follows:)

THE COURT: It's different than what we

talked about?

MR. LENAMON: Yes, sir. I'd like the record

to note exactly what he's doing. We can do that

either now or we can do that while he's doing it,

Judge, but the record needs to be clear what

exactly is being done in front of this jury over my

objections and motions.

THE COURT: All right. Well, I'll state

what's being done. Objection is overruled.



MR. KING: So what do you know about what she

experienced in the dark as she's grabbed, as she's

put in this chair and as she's taped with somebody

sitting on her, leaning against her, her hands are

bound, and you hear the tape and she hears --

MR. LENAMON: Objection, Judge. For the

record, I'd like it noted what exactly Mr. King is

doing in front of this jury.

THE COURT: I'll do that.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


43

MR. KING: And she's bound by hand and then

by foot. And then she's bound to the chair. She

hears, in the dark, the unrolling of the tape as

it's put around her body. And she's confined in

that chair. And all of those thoughts and ideas

about her ten, eleven years with Joshua Fulgham are

right there.

MR. LENAMON: Objection to separate notation

on the HAC. Motion, Judge.


denied.

MR. KING: And she's still alive. You heard

him say they put duct tape around her face at first

and she was able to get it down by moving it around

so that she could still talk to them. And as she

sits there, she tells them I will leave you alone,

just let me go. I'm claustrophobic. Don't do this

to me. Please let me go.

And what is the response to that begging for

life? The response is a yellow Dollar General

store bag pulled down over her head. And again,

the tape begins to rip and the tape begins to go,

this time, around her head and around her neck and

around her legs. And you heard him say they used

nearly a whole roll of tape, taping her face,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


44

taping the bag in place around her head.

And you know that that is true because the

physical evidence was her hair was found on the

chair, her hair was found on the remnants of the

tape. His fingerprint was found on the remnants of

the tape. You know that that was true. You know

that it took 25 to 30 minutes, from his testimony,

as that started and as the first -- the confining

occurred, and then the asphyxiation occurred.

And you heard Dr. Wolf say two to three

minutes or so. But if they can get air in any way

it's prolonged. And you know she was getting air

because she got the tape down off of her face once.

And when the bag is over her head, he can hear her

still trying to talk.

That's what you have to consider when you

give weight, when you give significance to the

aggravating circumstances. He planned this all

out. And with her literally begging for her life,

they suffocated the life out of her.

Now, that is what this process of weighing

the aggravating circumstances is. It is not that

you feel sorry for somebody or angry at somebody.

You base your instruction on the law. The law says

you decide, do the circumstances exist, you give

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


45

them -- each of you give them the weight that you

believe they're entitled to.

And then you weigh them against the others to

decide, do the aggravating circumstances outweigh

the mitigating circumstances. It's not just

counting. It's not. Because I expect Mr. Lenamon

will get up her with his board and maybe give you

50 or 60 of what they typically call reasons for

life, the perfect storm that occurred to Joshua

Fulgham, the brokenness of his brain, the

brokenness of his life, all of those things.

And you can consider them, but you also have

to give them weight. And you have to think about

were any of those things really the reason that he

killed Heather Strong.

MR. LENAMON: Objection. Denigration motion,

Judge.


denied.

MR. KING: And that's how you give them

weight.

MR. LENAMON: Objection. Motion, Judge.


denied.

MR. KING: You can each decide that for

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


46

yourself. The law actually contemplates that you

will make an individual decision of weight. You

talk about it, you discuss it, you discuss the

facts, you come to the truth and you decide.

But one of the things that, if you will

remember when you started, is that your oath was to

render a true verdict based upon the law and the

evidence, so help you God. Now, part of the

instructions will tell you that you can simply

choose --

MR. LENAMON: Objection to simply, Judge.

Motion.


denied.

MR. LENAMON: Judge, can we come sidebar?

I'd like to turn the screen so we can put it into

the record.


jury, as follows:)

MR. LENAMON: Judge, Mr. King has put a

demonstrative aid that says you can simply choose

to recommend life because it is easier and the

instruction will tell you you are never required to

recommend death. This is undermining what we made

a motion in limine for before trial.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


47

He's undermining the law in front of this

jury. And that's an inaccurate statement of what

the law is. I move for mistrial.

THE COURT: Motion is denied.



MR. KING: The judge is going to tell you

that you always have the right, you're never

required to return a verdict of death. You don't

have to. You can find the aggravating

circumstances outweigh the mitigating

circumstances, that you can, in yourself, say I

can't do this. I'm not equipped to do this. And

you can make that choice.

Or another alternative is, you can look at

this as something that most all of us have within

us, and that's the capacity of mercy.

MR. LENAMON: Objection. That's not

completely true. Motion, Judge.


denied.

MR. KING: And that's what this is about.

You can look at this and say I choose mercy. A lot

of times they call it choosing life over death.

And you can do that.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


48

But as you think of that, you think of what's

a just verdict given the mitigation that you've

heard, the aggravation that you've heard, what

verdict speaks true in regard to the death of

Heather Strong.

MR. LENAMON: Motion, Judge.

THE COURT: Motion denied.

MR. KING: Given these facts, given these

aggravating circumstances, the verdict that speaks

true, regardless of how hard it is, is to recommend

that Joshua Fulgham be put to death. Thank you.

THE COURT: All right.

MR. LENAMON: I'm ready to start, Judge.

Just five minutes?

THE COURT: Do you want to start now?

MR. LENAMON: Yeah. I'd rather get going.

THE COURT: Very well.

MR. LENAMON: If I can have five minutes?

THE COURT: We will take five minutes.

(The jury out.)

THE COURT: Okay. I'm going to put the stuff

on the record regarding the chair demonstration.

Mr. King took the chair, which is in evidence, has

a plastic cellophane bag over the chair. Mr. King

sat down in the chair. Prior to doing that he was

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


49

pulling some duct tape off the roll of the duct

tape.

The jury could hear him doing that. He duct

taped the left arm of the chair. He sat down in

the chair. He then got up and he duct taped

several times around the chair back itself. The

jury could hear him doing that. He also stood up.

He took the yellow Dollar General bag. He did not

put it over his head, he held it at the bottom so

it was kind of -- air was in that, and he made

reference to that.

He sat down in the chair twice and showed the

duct tape to the jury.

MR. LENAMON: Thank you, Judge.

THE COURT: Okay. That was done over

Mr. Lenamon's objection and motion for mistrial and

the motion in limine this morning before the jury

was in. I noted no visible reaction on the part of

the jury.


(Jury present.)

THE COURT: Okay. All right. Our jury is

back. It's 12:05. Now, Mr. Lenamon is going to

give his closing argument to you. Please give him

your full attention. All right. Counsel, go

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


50

ahead, sir, whenever you're ready.

MR. LENAMON: Good afternoon. This has been

a long time coming. And I can actually say with

great confidence as I was talking to you about two

and a half weeks ago, three weeks ago during jury

selection that I knew this day was going to come.

I knew what the evidence was against my client,

Mr. Fulgham.

I knew the circumstances of his statements,

his involvement, his responsibility. I knew all of

that when I questioned each of you about your

beliefs. And if you remember, we spent a lot of

time over a period of several days talking about a

lot of different things.

Those questions were not just, I'm throwing

these questions out because I want to hear about

your personal life. Those questions were designed

to try to understand whether you could sit on this

jury and fairly and openly judge the facts in this

case.

Because I anticipated that there was going to

be a moment when Mr. King, a very experienced,

seasoned trial attorney, was going to get up here

with a chair and duct tape and send chills down

each of your spines and make you angry and make you

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


51

spiteful and fill you with hatred towards my client

for that horrible, horrible act that he

participated in back on February 15, 2009.

I knew that moment was going to come. And I

wanted assurances from each of you that you were

going to keep an open mind and listen. And I

wanted to know that in your backgrounds, each of

your backgrounds, that you could accept with an

open mind, both the good and the bad and not shut

down.

And if you remember correctly there were a

group of 60 or 65 other jurors that were a part of

your group with you, and you had someone to your

left and someone to your right. And I think for

most of you, these people didn't pass muster in the

process of becoming a part of this jury.

And there was a reason for that. There was a

reason that you are here. I chose you knowing that

my client was responsible for killing his wife. I

chose you knowing that you would have to make an

individual decision, not a group decision, an

individual decision.

And I remember, late one night I was sitting

around with my team and I had my notes open and I

was talking about you. And there were a few of you

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


52

that I said to members of my team, I'm not sure.

I'm not sure about this person, if they're going to

be able to keep an open mind when they hear and see

this dynamic trial lawyer reenact this horrible,

horrible event, whether they're going to be able to

really listen to what I have to say and show them

about the law and how it works, and how even in a

case where there's such an injustice and such a

heavy aggravating factor as heinous, atrocious and

cruel, and I can see that is a heavy aggravating

factor.

And we will talk about that over the next

hour and a half or two, that even in spite of that

and in spite of hearing the ripping tape and

hearing the crinkling of the bag and the simulation

of the breathlessness and the discussion of

urinating on herself.

I knew my client had talked about it when he

first lied and said they and then said she because

he's talking about Emilia was laughing, even though

he goes back and says they were laughing, which

first he was laughing and he was crying.

Now, you would not allow that to shut your

sense of humanity down, that you would not allow

that to shut your sense of logic down, because this

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


53

isn't all about feel sorry for my client. This is

about, I've taken you on a journey which will end

today. And I will describe to you in detail why I

did everything I did, of how at the end of all of

this, after listening to that horrible, horrible

few moments that Mr. King so boldly reenacted for

you, that you will be able to say that the only

just verdict in this case is a life sentence.

You individually, not collectively,

individually, as we will talk about, the individual

sentencing that is taking place in this courtroom

because we know for a fact that man is dying in

prison, whether he gets shipped down the road and

puts a belt around his throat and kills himself or

whether something else, some tragic thing happens

in a prison yard, he is going to die in prison.

And the only difference that you are

responsible for is deciding whether he dies by

natural causes, whatever that natural cause may be,

or whether you feel that the State of Florida will

take him to Starke, Florida, Florida State Prison

and strap him to a gurney and stick a needle in his

arm. That's the only difference, and that's a huge

difference.

And we will talk about why it's a huge

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


54

difference. But as we sat around talking about you

jurors the question I posed to Miss Ortiz, a young

lawyer, was how could this Juror X, in spite of

what they told me their relationship to law

enforcement, how could that juror possibly relate

to my client and his circumstances.

I was assured, after much discussion, that

they felt that juror could, in spite of that

person's connection to law enforcement. And I was

told -- there was one other juror I remember

talking about. And I was told by Ms. Alvi, no, no,

I really like that person. They really want to

hear the credentials of the experts. They really

are going to listen. They're not going to take

this man's position that you can't really believe

any those experts, even though, I, myself, as a

state attorney, who's obligated to fulfill the

duties of law and make sure everything is

even-handedly done would not get my own expert to

evaluate my client and test him and present that

information to the jury.

I'm not going to do that. I'm just going to

poke holes in their experts' statements, because

maybe I fear that my expert would agree with their

experts. I don't know what the reason is.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


55

But I was assured that each of you, and

through my own conclusions I felt that many of you

were the right people to sit on this jury.

So we start with the proposition, the truth

is what truth is. And the truth is we are all very

angry at Josh Fulgham. We are all very angry at

what he did. We are all very angry at the

senseless death of his beautiful wife. We are all

very angry that he took two children, who had a

loving mother, and put them up for adoption because

of his actions.

We are all angry that he changed Judy

Chandler's life, Heather Strong's mother's life, we

are all very angry about that. That is the truth.

The truth is what the truth is. But the truth also

is that on the day that this happened he got to

that point because of some reason.

Now, Mr. King confuses something here. He

confuses responsibility and acceptance of

responsibility and the ability to do something. He

confuses that with cognitive dysfunction,

post-traumatic stress abuse. He confuses that

because he decided that instead of getting an

expert, and I'm sure the state attorney here in

this judicial circuit can afford the best, instead

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


56

of doing that, he chose to play you a bunch of

phone calls and present this partial illusion

without explanation that what's going on on that

surface, the surface of those conversations is

manipulation and deception and all kinds of other

things.

And if I didn't have Dr. Maher come in and

some of the other experts come in and talk about

Josh and who Josh Fulgham was, that deception may

have played off, but we know something that is

absolutely the truth. All of these people were

dysfunctional. On some level all of these people

were dysfunctional.

That's where we start off with. Because that

dysfunction defines the actions, the steps that we

take. And I would propose that when we're talking

about the steps, imagine a line here, if it was

your life, your life is okay, a little side,

something happened, keep moving forward, keep

moving forward. I have one good parent, that

parent is always there to support me, even though I

may have a dysfunctional second parent, I'm still

able to move forward.

That's most of you and your lives. This is

Josh. This is Josh. (Demonstrating.) This is

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


57

before we even get to Mississippi. This is who he

is. The prosecutor has the nerve to get up there

and says, oh, it doesn't matter. It doesn't matter

what happened before. Doesn't matter how it

happened. It doesn't matter -- any of that doesn't

matter.

But it does. And it does because of this

reason. And we are going to get back to this in

more detail after lunch. I just want to leave you

something to think about. Giving the prosecutor

the benefit of 25 to 30 minutes, and that's what

we're talking about from the time she walks in the

trailer to the time that we lose this precious

woman at the hands of my client and Emilia Carr, 25

to 30 minutes.

We know the doctor said that you're talking

two to five minutes for death when the bag is

placed over the head and they're suffocating, as

little as two minutes, as long as five minutes.

Conceding all of that, conceding all of that,

the question becomes in that moment you are going

to be asked to consider 30 years. Now, I can't get

up here, folks, because the rules don't allow me

and Judge Lambert would not allow me to do this,

but I can't get up here, folks, and reenact every

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


58

scene in my client's childhood when he was beaten,

when he witnessed the beating of his mother.

But I assure you if you think about those

things, you would surely consider in the context of

the horrible death of Heather Strong, that although

that doesn't rise to the level, certainly, of what

he did, the horrible thing he did, that is still

trauma. That is trauma he suffered. That is pain

he endured.

And not only is that pain he endured. But

under the context of what Dr. Maher says, he's

responsible. Of course he's responsible. We know

he's responsible. He said he was responsible. He

showed great remorse with his responsibility. But

in the context of responsibility, the question

becomes, I picked you 12 jurors to look deeply and

study clearly the evidence to understand how in

that moment that he was doing, beginning with the

premeditation, I'm going to bring her in, we're

going to do this thing at the trailer, the

conversations before, the relationships that took

place, in the context of all of that, how did the

things that happened to Josh from the basics of

being in his mother's stomach and his stepfather

who wasn't his real father who ends up calling him

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


59

a bastard baby, beat his mother.

From that moment, that's not his fault. Is

it his fault that his mother beat him? Is it his

fault that his mother kicked him? Is it his fault

that his father did the same? Is it the fault that

his mother let him get that done to him? Is that

his fault?

Those are things that he didn't cause. And

the importance of bringing these four experts in to

talk about is, is to understand the nexus between

if it was you and me, where would we be.

MR. KING: Your Honor, object to the golden

rule argument.

THE COURT: Sustained.

MR. LENAMON: If was it me and somebody in

the jury, somebody in the audience, where would we

be? Assuming, let's say, worst-case scenario, we

shift to where we're living in a trailer in

McIntosh, Boardman, the name of this little town,

this community, would we have ever been in any of

the circumstances that these people were in?

Absolutely not.

So how did it get there? How did this

dysfunction originate and where did it come from?

It had to come from somewhere. It came from a

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


60

beginning, genetics, child abuse, witnessing

trauma, maybe eating rat poison, being sick for a

year and a half and not being able to swallow food

and losing all kinds of weight and all the things

that flowed from that, from making him eat his own

vomit. The stuff, that's age five. We have a

five-year-old that went through all of that.

And the question is, shoot ahead 25 years

later, are those things going to affect everything

he does, the way he thinks, how he thinks? Of

course they are. And that's why we brought these

doctors to you.

Now, only one doctor testified to the

specifics of what his state of mind was at the

time. But the three other doctors, they clearly

presented evidence that could be used by you

individually to decide, listen, Dr. Oauou said that

he had executive function deficit.

And although he gave four tests and three of

those came back normal, the test that was most

important to him indicated that his executive

function deficit causes brain damage in the frontal

lobe. And one of the things that happens when you

have that kind of disorder is that you have impulse

control issues. Remember?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


61

Okay. How is that important? Josh's

story -- and I'm just giving you pieces of this.

Josh's story is that he goes to the trailer, he's

got this plan. Dr. Maher said it was really kind

of a disorganized plan, but assuming it's a plan --

we don't have a problem conceding it was a plan --

but the plan you have to consider is in the context

of that man's brain, that man's damaged brain, and

the circumstances surrounding these dysfunctional

people where somebody is going to kill somebody and

they're going to kill somebody and they're going to

do this and she stays around, and she hangs around.

And there's a knife to the throat, and

Heather takes money from Jamie Carr (sic), who was

supposed to be part of the plan to kill, but he

ends up being the boyfriend. And he was the

boyfriend of Emilia Carr. Now Emilia Carr is the

girlfriend of Josh Fulgham.

Folks, there's a banjo playing here. That's

what we're hearing. These are dysfunctional

people. And your responsibility now is not just to

go rubber stamp, let's get rid of him, kill him,

kill Josh Fulgham. Because don't be mistaken, if

you vote for death, that's what you're saying.

That's what you are saying.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


62

This judge is going to follow your

recommendation. You say kill Josh Fulgham and turn

your head without thinking this through

painstakingly, individually, thinking it through,

that's what you're saying. Let's just kill Josh

Fulgham. Let's be done.

But I know that you are going to take your

responsibility to such a different level. And when

I get through explaining to you, I'm going to give

you all the tools you need to make a decision that

makes you individually feel comfortable, you

individually.

I can't control what your decision is going

to be. I'm going to give you all the tools to do

it in a way that is consistent with Florida law,

consistent with Florida law. And I'm going to show

you the law. I'm going to show you the language

from the jury instructions that you're going to

get. And I'm going to explain it in detail.

And I'm going to give you a real simplistic

example of how you're going to do that. But before

we get to this point, I don't know if the judge

wants to break for lunch --

THE COURT: Is it here yet?

THE BAILIFF: No.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


63

THE COURT: So we will tell you when it's

here.

MR. LENAMON: So before we get to that point

I want to talk about this case. What do we know

from the first part of that case? That's

important. And I'm going to try to kind of put

this in the context of understanding it, both what

you heard in first phase and now in integration

from the experts and the testimony that you heard

in the second part of the case.

What do we know? Now, we know that in the

beginning there was a very small scenario that you

were given. This was kind of what you were given

at the beginning. That's the first part of the

case. Because that was the only thing that was

relevant at that point for you to make your

decision.

When I started talking to you guys three

weeks ago I knew what your decision was going to

be. I knew you were going to find him guilty of

first-degree murder. I had no question in my mind.

You guys did the right thing. You did it quickly.

You did it effectively. You did the right thing,

because he was guilty of first-degree murder,

whether you found premeditation, there's evidence

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


64

of premeditation. I'm not going to dispute that.

Or felony murder. There's evidence of felony

murder. That's an easy one. Felony murder is,

boom. All you have to show is kidnapping in the

course of and she dies. That's felony murder.

That was easy.

But in the context now, you went from having

to decide this issue and, remember this issue kind

of, in the small corner here, is the actual death

of Heather Strong. And now you've got presented a

much more bigger context. After his conviction and

throughout this penalty phase the story expanded,

the fact expanded. And what we know now is that

Josh Fulgham was born in Eupora, Mississippi to

Judy Chandler.

And Ms. Alvi, during the direct examination

brought forth this chronology of events. Why

that's important here is -- and I want to take

dispute with Mr. King. I don't want you to

disvalue or discard Heather Strong in any way. And

as a matter of fact, I'm going to leave these out

for my closing, because I think she is a really

important part of this case. I think we need to

honor her, and I don't think we need to forget who

she was and how she played a part in her mom's life

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


65

and the rest of her family's life, and especially

those children's life.

So when he said that he didn't get to put

pictures in, I kind of disagree with him because he

did get a lot of pictures. And as a matter of

fact, you heard from her mother, who valued her

life. And we are going to value her life. We are

going to talk about how you can do that a little

later.

Because there's a portion of the jury

instruction -- and again, I've told you I'm going

to be straight with you and I'm going to share the

law with you. We're going to talk about how this

applies. There's a portion of the jury instruction

that's called -- it's referred to as victim impact

evidence. And I'm going to read it to you.

This is exactly how it's going to read in the

jury instruction. You have heard evidence about

the impact of the homicide of; one, family; two,

friends; three, community, of Heather Strong. This

evidence was presented to show the victim's

uniqueness as an individual and the resulted loss

by Heather Strong's death; however -- and I bolded

this because this is important -- because our

natural instinct -- and we talked about this in

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


66

jury selection, about he's using the word sympathy

and stuff, don't get confused with sympathy and

mitigation. They're not the same thing.

Mitigation is you're the scientist, you're

evaluating, you're determining, you're taking your

life experiences, your personal life experiences

and all the things that you've dealt with. If

you're a banker and you deal with people, you see

someone who acts this way and you say, hey, guess

what, that person has a drug problem. I can

understand. Or you smell alcohol on someone's

breath, oh, that person is a drunk and I can

understand that.

Your own life experiences, you're taking that

information, and your duty as a juror is to follow

the law which we're going to talk about. And

you're taking that and applying it to all the

information you're getting, all the mitigation

circumstances, doctors' testimony, the aggravating

circumstances, how the aggravators apply, what

weight you give them, how do you offset one from

the other. And we will talk about that in detail.

And then after you do all of that, you make a

determination of where you fall. And there's one

other exception, which we will talk about at the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


67

end, which says you are never ever required, under

any circumstance, to vote for death.

And reason the legislature did that, to be

quite frank with you, is because they understand

that there may be reasons, even if you feel this is

a heinous and atrocious crime, that you don't feel

death is appropriate.

Whether you feel about his mother, how could

they do this to him, or I just feel mercy in my

heart, I want to feel good about what I do,

whatever, this is how I feel or I'm not really

quite sure. There's so much going on here, so much

information, so many dynamics playing out, I know

he did this, I know he did that, but the experts

say this, I'm really -- you're never required, ever

required, under any circumstance.

And individually, what you will see is -- and

we will talk about this in one second -- what you

will see is --

Actually, Judge, can I get the verdict forms?

THE COURT: Yes, sir. Right there.

MR. LENAMON: What you will see is there is

going to be two verdict forms that are sent back

there. One is a recommendation for death. One is

a recommendation for life. Now, the difference

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


68

between the two is when you recommend death you

have to put a number and the number has to be seven

or greater. That means seven of you as individuals

have come to the decision individually to vote for

death, seven, eight, nine, whatever.

If six of you vote, six of you individually

have decided to vote for life, there's no

requirement to give a number. So if six of you

vote for life and six of you vote for death, you

sign the life verdict form, you sign your name to

it and you pass it out and you've done your duty.

And we will talk about this more at the end

of the closing. But going back to the victim

impact. We were reading this. And it says,

however -- however, you may not consider this

evidence as an aggravating circumstance. Your

recommendation to the Court must be based on the

aggravating circumstances and the mitigating

circumstances upon which you have been instructed.

And what that means, why that's important is

because probably in the context of morality, the

most valuable thing in our society is life. That's

why we spent three weeks. That's why every ten

minutes I'm at that bench objection to something.

It's my responsibility. I'm responsible for that

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


69

man, make sure that he gets the best representation

possible.

I may have made some mistakes. You know, you

heard something about Dr. Oauou that he talked

about, you know. I may have made a mistake. If I

make a mistake, I ask you not to hold it against

me. I have a great responsibility. I accept my

responsibility, because I'm human.

So Mr. King points out that I should have

done another test. I apologize if I didn't do

that, if that's the thing that's making you decide

one way or the other, please benefit -- err on the

side of me, and, actually, my client.

So when we're talking about the value of

life, clearly this is why the legislature put this

together, because they wanted to say, listen, life

is the most important thing and we're going to give

these jurors a great responsibility and their

recommendation really is what the sentence is.

Because you're going to hear in the

instruction; although, it's an advisory sentence,

per se, we've all agreed and talked about, without

dispute, that what you vote is what Josh gets.

So you vote for life, he gets life. If you

vote for death, he gets death. There's no question

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


70

about that. So in the context of the importance of

your responsibility, they understand and they want

to segregate and make clear -- and this is what we

talked about -- that your feelings for Ms. Strong

and her family, their loss, for the loss of the

mother of this child, all those things really,

really caused a lot of tension in us, when we see

an injustice on TV, when we see a young child get

hurt, when we see something on TV, we just go, they

should die for that. That's our reaction because

it's natural.

And the legislators, in their wisdom, knew

that. They know that. And they also want to make

sure that we respect life and that the victim get

an opportunity to present to the jury their loss,

the uniqueness of Heather Strong, you know, from

the time she was a little child growing up, a

little baby, all the way through her horrible,

senseless death.

But they also know that it is unjust,

unlawful, to allow you to use that in consideration

as a reason to kill Josh. So they tell you

specifically, you may not consider this evidence as

an aggravating circumstance. Your recommendation

to the Court must be based on aggravating

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


71

circumstances and the mitigating circumstances upon

which you have been instructed.

So there's no dispute that the victim impact

evidence cannot be used as an aggravating factor.

So essentially, what we're talking here is we're

talking about, heinous, atrocious and cruel, cold,

calculated and premeditated in the course of

kidnapping.

There's three aggravating factors. And I

agree with Mr. King, that clearly the most weighty

of these circumstances is the heinous and atrocious

and cruel. We know that because of that moment

that you felt and I felt and the language that we

talked, you know, that suffering. It's just a

horrible, horrible thing. And our law says those

are one of the things that you can consider when

you do that.

But they need you to look at everything

that's going on. They need you to understand how

you got there at that moment. And although they're

looking at a lot of what she has done, they also

looked at some of the stuff he has done. And

that's where some of the mitigating circumstances

come in, when you try to, at least, to the extent

that you can, mitigate that particular aggravated

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


72

factor.

And when I say that; for example, she went

there to the trailer to steal because she wanted to

steal, for whatever reason. Does that take away

from the horror of any of this? No, it doesn't

take aware from the horror. But it's one of the

factors you're looking at, the whole circumstance.

When she says that she slept with Jamie, now,

he proposes that her fear was so extreme that

that's what she was feeling at that moment. I

suggest that you need to look at that closely.

Because in this circumstance, you have her going

from denial, denial, denial to yes, I did. And

what does that suggest.

I would say that suggests the possibility

that she thought this was going to end if she

admitted to this. Does that take away from the

horror of her death? Absolutely not. But those

are things you need to look at. You have to look

at all the facts and all the determinations,

because, as I said, it is entitled to great weight.

There's no question that that aggravator out

of the three is entitled to the most. And I would

suggest that the second one behind that would be

the cold, calculated and premeditated. But there's

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


73

a lot less weight on that because of all the

circumstances that we talked about that led to this

dysfunctional -- is there really a plan.

I mean, there was a plan. But is there

really a plan? Is this a momentary plan? Is this

to change? Is it a concrete plan where you go to a

restaurant and you hire a hit man and you're paying

them money and you're drawing a map and all this

other stuff. Great. And remember, this is one of

the things you're going to hear, in the

premeditation, it's a higher level of premeditation

than what was required in the first part of the

case.

The prosecutor forgot to mention that. It's

a higher level of premeditation. It's heightened

premeditation. So there's this higher level of

premeditation you have to put in all the factors

of, all the things that are going on, the

circumstances that we talked about.

And those circumstances include the

relationships, the kind of dynamics of how

everything is going, who's doing what and how

they're doing it, and him, Josh Fulgham, damaged

goods.

Does that say he can't form intent?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


74

Absolutely not. But does he have the same intent

as someone who can cleverly do this? And is that

intent driven by something like anger, frustration,

fear for his children? All those are things that

you need to take into consideration when you're

looking at an aggravating factor.

Not that they don't deserve weight and that

they're entitled to weight, but you have to look at

all of the facts and what the story is and how it

makes sense, and how we know from the little bit of

the facts from the first part of this case was

these people were together 11 years. They had a

volatile relationship. They didn't need to be

together, according to Ms. Chandler.

They shouldn't have been together. They got

together when they were very young. He was 16 or

17. They're both about the same age. They end up

in this little redneck town in Eupora, Mississippi.

They end up having a kid and they end up using

drugs. He definitely used drugs. She had some,

but he was really the drug addict, although at the

end there's some question about her weight and that

really doesn't matter. That doesn't take away from

the horror of this.

But these are all things you have to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


75

consider. So they're in Eupora, dysfunctional

couple, and then they end up moving here in 2002,

2003. Then when they get here, they just transpose

to another Eupora, Mississippi. Same trailer park

stuff that was going on in Eupora is going on in

Boardman.

You heard about the fish camp. You heard

about Jamie and Ben and Emilia and the sex. Why is

all that important? Why does the sex become so

important in this case? It became important

because we knew when we talked to you about this in

jury selection, that there was an issue -- we knew

Josh had been abused by his sister. We knew.

We talked to doctors. This is not like

something just came up; this was a couple of years

of us really looking hard at Josh Fulgham's life

and trying to understand how he got there.

Because that's what this is all about. This

is not an excuse. Don't ever be mistaken that I'm

saying anything to make an excuse for Josh Fulgham.

That man there deserves to die in prison. He's

going to die in prison. Best-case scenario, he's

going to die in prison as opposed to being executed

by the State of Florida.

So don't be confused that I'm up here trying

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


76

to make excuses for him. I'm trying to guide you

with the evidence, with what you've heard from the

doctors, what you heard from Ms. Chandler, what you

heard in the first part of the case. I'm trying to

guide you to an understanding of what I believe is

the mitigating circumstances.

So when we're talking about Josh Fulgham and

what's going on, we're talking about this guy from

Eupora coming here with his wife. He's got a

child. At some point his wife gets pregnant again.

They end up adopting the baby out. And you've

heard him. This is -- you have to look at the

context of the phone calls, because I know

Mr. King's mind, he put every phone call in front

of you for a reason that he was trying to generate

and he argued, oh, he's a manipulator, he's playing

one woman off the other and doing all that. You

have to look at the context of really what was

going on there.

Think about it. This is just talking in

terms of damage. Just to show you where we're

talking about damage -- and this is real kind of

circumstantial. Some of you may go, yeah, I

thought about this. What is he talking about?

Think about it.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


77

The three conversations him and Emilia Carr

had, You're betraying me, Emilia, blah, blah, blah.

You're doing this, you're not doing that, you're

not helping me, blah, blah, blah. I love you.

That was their relationship. That's a broken

relationship.

Second call, Oh, Emilia, blah, blah, blah. I

love you. I love you too, I think. Broken

relationship. I'm just showing you a small piece

of what we're talking about, the dysfunction that

was existing in this man's life in this

relationship with Emilia Carr, and with his wife,

and with his mother.

So he comes here and he's living with his

wife and he's with his wife and then there's back

and forth between Mississippi, but he's always with

her. And you heard he always went back. He's

always went back.

Now, you heard phone calls that he went back

and married her for the children, and you can

believe that. It's possible he married her for the

children. That's a mitigating circumstance. It's

not a big one. It's a mitigating circumstance.

You're going to hear a whole bunch of

mitigating circumstances and a whole bunch of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


78

aggravating circumstances.

THE COURT: Counsel?

MR. LENAMON: Yes.

THE COURT: Before you start, the lunch just

came here so why don't you take a break before you

get into that part of your argument?

MR. LENAMON: Yes, sir. Thank you.

THE COURT: All right. Ladies and gentlemen,

we're going to take a break for lunch now and we

will conclude Mr. Lenamon's argument after the

lunch break. We will start back up at about 2:00.

Put your pads down. Thank you.

All right. The jury is out. We will start

back up at 2:00.


MR. KING: Your Honor, I'd like to ask the

Court -- well, I'd like to move in limine to

prohibit Mr. Lenamon from any more Golden Rule

arguments and from any conversation with the jurors

individually or discussions about the individual

jurors. I think that's improper to talk about them

in the way that he did earlier. I just think we

ought to avoid that.

I don't know that he's going to do it

anymore.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


79

THE COURT: Well, he filed a motion saying

the Golden Rule arguments were inappropriate, so I

assume he meant that for himself as well. Did he

file it or did you file it?

MR. LENAMON: I'm here.

THE COURT: Don't make reference to the

jurors anymore about -- I know you segued to the

audience as opposed to the jurors --

MR. LENAMON: No problem, Judge.

THE COURT: Let's kind of avoid that.

MR. LENAMON: Yes, sir.

THE COURT: For the record, Mr. Fulgham is

present and in civilian clothes and not shackled,

nor has he been during the course of the trial.

He's always been in civilian clothes.

MS. ALAVI: Judge, the proffer?

THE COURT: Just remind me when it's all done

and we will put the proffer in. Okay. Bring the

jury in.



THE COURT: All right. All of our jurors are

back from lunch. Mr. Lenamon is ready to proceed.

Please give Mr. Lenamon your undivided attention.

He is going continue on with the closing arguments

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


80

for the defendant, Mr. Fulgham, in the penalty

phase. Go ahead, Counsel.

MR. LENAMON: Thank you, Judge.

Good afternoon. What I want to talk about a

little bit now is, I told you at the beginning of

my closing statement that I was going to discuss

the law and go over the law with you. And the law

is very important because it guides you in your

decision-making process.

And it's important that you understand

specifically what the law is and that it is an

individual application. That means each of you

individually are going to apply the law to your

belief of the circumstances of the weight of the

aggravating circumstances and of the mitigating

circumstances.

Obviously, as we discussed, the circumstances

involving the victim impact provision, obviously,

you will be applying that as well. And as we

discussed, in that particular case you and I won't

be allowed to use that information at all in your

determination of the recommendation in this case.

So what I want to try to do is go over it a

little bit, give you a map, per se, give you what I

think is an example. And you can use these

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


81

examples any way you want, individually. And then

talk about -- go back more and talk about the facts

of the case and the circumstances that apply that

you are to use in the application process.

Are you all okay with that? Okay. So here

is like the main part that discusses how this

works. And I am going to read it to you. The

sentence that you recommend to the Court must be

based upon the facts as you find them from the

evidence and the law. If after weighing the

aggravating and mitigating circumstances you

determine that at least one aggravating

circumstance is found to exist and that the

mitigating circumstances do not outweigh the

aggravating circumstances, or in the absence of

mitigating factors that the aggravating factors

alone are sufficient, you may recommend that a

sentence of death be imposed rather than a sentence

of life in prison without the possibility of

parole.

Regardless of your findings in this respect,

however, you are neither compelled nor required to

recommend a sentence of death.

If, on the other hand, you determine that no

aggravating circumstances are found to exist or

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


82

that the mitigating circumstances outweigh the

aggravating circumstances, or in the absence of

mitigating circumstances that the aggravating

factors alone are not sufficient, you must

recommend imposition of a sentence of life in

prison without the possibility of parole rather

than a sentence of death.

So that is one part, kind of the main part.

What you're going to get is you're going to get the

definition. You're going to get a package, each of

you, when you go back there, and you will receive

the definitions of what's called the aggravating

factors. There's some standard language in here

about weighing the credibility of witnesses and the

things you should consider, the general rules that

apply to the procedures, about not being angry at

anyone or sympathy, which is separate as I pointed

out, than the mitigating circumstance, and then the

requirements of what the aggravating and mitigating

circumstances are.

Now, what's important here is a couple of

things. First of all, like in the first part of

your case there is a standard of proof for each of

these factors. The standard of proof for an

aggravating factor is beyond a reasonable doubt.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


83

So the judge is going to instruct you on the

same instruction that was given to you when you

made your determination in the first part of this

case, it's the same definition, beyond a reasonable

doubt. It's incorporated in this, in this

instruction of the actual language of what beyond a

reasonable doubt is.

And you're going to have to apply that to

each of the aggravating factors. So in this

particular case, this really becomes important on a

couple of levels. Okay. I believe, if you look at

the law on heinous and atrocious and cruel, unlike

what Mr. King's position is, that heinous,

atrocious and cruel only applies to the actual

event. It doesn't apply to things that occurred

before and certainly there's going to be a

particular instruction in here that says that what

happens to Ms. Strong after her death cannot be

considered in any way as to the weight that should

be given to the aggravator for heinous, atrocious

and cruel.

And that's important for a couple of reasons.

Number one is, her being put in a suitcase.

Emotionally, we're, like, that is so disrespectful

and we really are touched by that, you can't use

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


84

that in your formulation of the weight that is

assigned to heinous, atrocious and cruel.

And you have to look at -- and we're talking

about three aggravating factors that apply here --

and, no, I am in complete agreement that heinous,

atrocious and cruel is clearly the heaviest -- you

have to believe that it's proven beyond a

reasonable doubt, which isn't questionable.

The issue then becomes the circumstances

behind this, and things like two to five minutes

versus 30 minutes, whether you knew there was

impending death. And, again, this is just the

weight you give the aggravator; this isn't the

determination to go, okay, she knew from the time

that she turned and started to run away from Josh

that they were going to kill her.

If that's your belief, then you consider that

as the weight of the aggravating factor. But the

reason why so many of these things are important,

that the State just kind of glosses over, about her

state of mind, why she went there, what she was

thinking, the events that had occurred prior to the

killing with Emilia Carr and her continued

interaction with Ms. Carr, and about the reality of

when this actually sets in her mind, maybe when she

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


85

said to Joshua, yeah, I slept with him, that she

thought it was over and she was going to be untaped

and let go, those are all things you have to

consider as to the weight, not to the factor, to

the weight.

So there's no issue really about beyond a

reasonable doubt. You just look to the weight of

that. CCP, remember, we talked about cold,

calculated, premeditated, different standard than

what is used in the jury instruction in the first

part of the case. This is heightened form of

premeditation.

And if you listen to and read the language

here, it clearly sets out that the distinguishment.

You heard me object to Mr. King when he put up

those three definitions of premeditation. I was

objecting because he didn't include heightened.

Heightened becomes an important part of that.

So you need to look at the jury instruction

and how it applies. Now, the issue here becomes

even more clouded because you're not only looking

at whether it was premeditation, because we know it

was premeditation, we know at some point Joshua

says to Emilia, you know, let's go kill Heather.

So there's some premeditated thought on that level.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


86

And we know, even based on Dr. Maher's

testimony that when he got angry at her for saying

the things that she said to him, that when he made

that decision to let it happen, he remained on her,

sitting on her and holding his weight against her,

that's clearly premeditation. So there's no

question about the premeditation.

The issue becomes the weight that you give it

in the context of many things. Those things

include the context of the facts and the

circumstances of the case. And they also include

the context as you look at the mitigation.

Remember we talked about this in jury selection. I

had told you when you were doing examples of

aggravating circumstances that you can look towards

the mitigation to make a determination of what

value or what weight you give to them. So the

question doesn't become really here whether there's

CCP. I don't dispute that there's CCP here.

But I think that there's a significant issue

as to the value that should be given the CCP, not

only in the context of the facts that came out in

the first part of the case, before you knew

anything about mental health issues, but now the

facts that involve mental health.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


87

And one particular fact that's really

important here is when I asked Dr. Maher,

mistakenly, so what you're telling me, Doctor, is

that when he was there, he was committed to doing

that. He said up to the point that Joshua is told

by Heather that, no, she slept with Jamie Carr

(sic) I think he was conflicted about that.

Well, conflicted in what way. Well, we know

you can't put all the pieces together. I mean,

it's impossible to circumstantially put everything

together. But a big part of your responsibility

and why we chose you to be jurors is that you have

to put these inferences together that relate to

things that are connected.

Now, remember, we had Dr. Holmes, Dr. Oauou,

and Dr. Gold, without even talking about Maher, who

talked about all this stuff about childhood trauma,

about sex abuse, about drug use and how all they're

connected to the pieces of how it affects a person

over a period of time, and how it ends up staying

with that person, especially if they're not

treated.

So we know in these moments of time when all

this stuff is going on, Josh is talking on the

phone, he's in jail, he's out of jail, Josh is a

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


88

broken person. He's broken. There's no question

about broken. He's broken. But now you have the

responsibility to take that information and apply

it to this aspect, the CCP.

And this is how you would do it. You would

say, listen -- and it's your choice, you can reject

anything I say, anything I talk about, you can

accept it, you can use part of it, you can do

whatever you want, you, as individuals are making a

sentencing determination on my client.

So this is how you could do it. You can say,

you know, I really believe Josh was messed up and

selfish, he's all these things that clearly

personality-wise are really a distorted human

being. You know what? I know he's broken. I know

he's broken. Because, guess what? That defense

lawyer brought me four doctors who told me he was

broken. I believe most of what they said or some

of what they said or pieces of what they said.

The prosecutor brought me nobody, nothing,

absolutely no one, to say one way or the other.

And I have a responsibility now to decide about

this man's life, whether he's going to die in

prison or I'm going to say, State of Florida, kill

him, kill Josh Fulgham.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


89

So I'm looking at this thing and I say, you

know, I think he was going to do it, probably did,

you know, and he probably went there and maybe he

changed his mind at some point, maybe he didn't,

but his thought process was distorted because this

guy was broken.

He was a victim of trauma. He was a victim

of sexual abuse. He was conflicted with boundary

issues. And all this material was presented to me

by the doctors. And although I can't say in my

mind that I have a fixed belief that, you know, at

the time he didn't have the intent, because I

believe he had intent, I have some serious concerns

about how much weight I want to give this,

especially in this context of having to decide

something like I decide the most important affairs

in my life, the most important affairs in my life.

That's how I decide this case. And you know

what? I'm going to give it some weight. So you're

going to give it the weight you think it deserves.

And then you're going to have the felony murder.

The felony murder is the kidnapping. There's no

question there was a kidnapping here.

Again, you're looking at the facts and

circumstances. Did he stick her in a car, in the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


90

trunk? You heard testimony from the State about

something that happened five years before. They

want you to make all these attenuated connections

through a process of what we call in the

psychosocial field as inflamed decision-making

process, inflamed decision-making process. He was

bad once, he must be bad now. He did this once, he

must have done it again.

So they brought you this evidence from four

years ago, three or four years where he supposedly

-- his mother-in-law called the police because he

supposedly was threatening to tie her up and feed

her to the alligators or some story like that.

And they forgot to tell you throughout the

whole process that, guess what? It never happened.

He was never arrested. It was a domestic

situation. Because like we know, Dr. Maher said

when Josh gets angry, as a result of his damage, he

acts out, he curses.

You've heard the phone calls. You heard his

defensiveness. You heard, what sounds to us, from

the perspective of being normal people, is really

ugly. It's really ugly.

And, of course, if you were not sitting on a

jury deciding this man's life, it wouldn't be your

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


91

responsibility to decide why he's ugly or what

causes him to be ugly or whether it was his fault

that he's ugly or not. That wouldn't be your job.

You can go back to your work as being a

nurse. You can go back to your work as doing

whatever you do, and your responsibility will be

done. But here, you have a huge responsibility.

You have to make decisions based on the factors

that I'm presenting to you.

So on this felony murder, we know there's a

kidnapping, and that it's an aggravating factor

because the legislature says that you can use it as

an aggravating factor. But what weight do you give

it in the context of, Heather went there

voluntarily and the circumstances of that. You

make a decision based on that.

So you give that the weight that it deserves.

So that's how you make the determination. First

you have to find beyond a reasonable doubt that the

aggravators exist, which I concede that they do.

There's no question about that. But so what? So

what?

And then you have to decide what weight you

give each of these aggravators. Not only looking

at the facts and circumstances of the actual event,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


92

but the context of how the event occurred. And you

can mitigate the aggravating factors based on that.

The next thing you have to do is look to the

mitigating circumstances, because if you find those

aggravating factors, you then are required to look

to the mitigators. But the law says you don't have

to.

So here's the aggravators. And we're going

to call this CCP, because it's pretty heavy and you

decide what you're going to do with it. We're

going to call this -- I'm sorry. This is HAC.

Call this HAC, H-A-C. And this is CCP. And this

is kidnapping.

So that's the weight, if you decide that's

the weight you give it. That's what you're looking

at there. You can give it whatever weight you

want, more or less, whatever you want. You make

the decision.

The law says, right now, you start with

presumption. We started with presumption. And

this is the thing, you started with presumption of

prejudice. And, unfortunately, I knew you were

going to start with the presumption of prejudice.

That's why we spent a week talking to you in jury

selection.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


93

Because guess what? You got to hear all the

really bad facts of the case, then you had to make

a decision on my client's guilt, which, of course,

was first-degree murder. And then you went home

without hearing anything more. And who knows what

you were thinking after you heard the horrid facts

that you heard in the context that you heard it

without any explanation.

So clearly, when you left the aggravators

existed already in your mind. And now it's just

how you decide to apply weight to it. You may be

able to, after we go through this process, to find

the aggravation in a different way as I talk to

you. You have reasonable doubt and weighing each

of the aggravating factors.

But once you start with that process, once

you make that process, you have to go to the next

step. But you don't. Because I said as a

legislator I talked about -- and I will just throw

this one out here -- it's called mercy. Mercy.

You don't ever have to find death. Even if the

aggravating factors exist and you don't find any

mitigating factors, that one thought in your mind,

whatever it is, I'm using mercy.

Now, you feel you want to give mercy to a

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


94

human being whether it's Josh or somebody else, you

can do that. And the law says that regardless of

your findings in this respect, however, you are

neither compelled nor required to recommend a

sentence of death.

Now, he tried to infer that that was a way

out of your responsibility. It absolutely is not a

way out of your responsibility, because the

legislature put it in there for a reason. They

want to make sure you, as an individual, had the

choice to decide a life based on your own personal

views.

And they go to great lengths to do that, our

legislators, because they used two words that

become very important in the jury instructions.

Whenever they talk about aggravating circumstances,

they use the word may. May. They never tell you

you must. Under no circumstances, even without the

way out of never having to be compelled to require

to recommend a sentence of death, are you required

to vote for death. May recommend a sentence of

death.

And they use the word must when they're

talking about when there's mitigating

circumstances, that if the mitigating circumstances

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


95

outweigh the aggravating circumstances, when, if

you -- if you determine that no aggravating

circumstances are found to exist or that mitigating

circumstances outweigh the aggravating

circumstances or -- and this is where I made the

objection with Mr. King -- in the absence of


alone are not sufficient.

They give you a number of ways, because they

understand that this is forever. This will never

be reversed. This is forever. Your decision is

ultimate. This is the ultimate decision we make

and that's maybe one of the few things I agree with

Mr. King about. This is the ultimate

responsibility that you have as a citizen of this

country, is to decide, individually, whether that

man, Josh Fulgham, who came from that woman, was a

boy. This is not the murderer. That's the

murderer. They're the same person, whether he

lives or dies.

That's a great responsibility. So they want

to make sure that they give you every possible way

to look at this so that you feel confident in your

decision.

Now, as to the mitigating factors, what's

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


96

important with the mitigating factors is there is

something -- there's two mitigating factors that

apply in this case. One of the mitigating factors

is the capacity of the defendant to appreciate the

criminality of his conduct or to conform his

conduct to the requirements of law was

substantially impaired. Okay.

And we will talk about that in a little bit.

But more importantly, this factor is what they call

the catchall factor. When I say catchall, I mean

the legislature here in Florida, it makes it

abundantly clear that you can use everything and

anything to mitigate against the imposition of the

death penalty.

So let's read this: "The existence of any

other factors in the defendant's character,

background or life, or the circumstances of the

offense that would mitigate against the imposition

of the death penalty." One more time: "The

existence of any other factors in the defendant's

character, background or life." Now, here's what's

important. This says "or." What that says is that

you can take everything in his life without even

looking at him and his actions and his state of

mind at the time of the crime, if you believe what

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


97

the experts said about his state of mind at the

time of the crime is not supported by the evidence,

you can still find the mitigation outweighs the

aggravation, based exclusively on his life history,

his life history.

You know, Mr. King got up here with all the

experts and asked them the ultimate question, and I

know, I watched some of you when he asked the

ultimate question. Can you tell us, was that the

cause of this killing? Well, guess what? That

really doesn't matter under Florida law. That's

something you can consider and you should consider

in this case, because I think there's evidence that

supports that there was contributions, not that

there they are excuses, not that they take away the

fact that he premeditated, not to offer anything

other than a reason to consider life.

But putting that aside, there is no

requirement -- as a matter of fact, the law speaks

differently, the existence of any other factors in

the defendant's character, background, life. So

hypothetically, let's talk. Hypothetically, the

circumstances is, I never called an expert. I

don't call Dr. Maher, a medical doctor, a

psychiatrist, who has testified in 50 different

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


98

capital cases, who's eminently qualified, who works

for the State of Florida in the Attorney General's

office doing protective interviews for them to

protect our children, or Dr. Holmes, who is an

eminent psychologist, or Dr. Oauou, who is a very,

very well-known neuropsychologist, or Dr. Gold,

from Nova University, who wrote three books that

specializes in trauma, I don't call any of them.

All I do is call Judy Chandler and I put on

all the information before you without any

explanation of tying it up, tying it all together,

which I believe I have done. And we will talk

about it in a few minutes. And I present that to

you. You can take all of it, some of it, a small

part of it, and use that as a mitigation to weigh

against the aggravation in this case.

So in the case of -- we know that in this

particular case, and we will talk about this a

little later, Dr. Gold talked about his

examination. When Dr. Gold was talking about the

adverse childhood experiences test, as he

mentioned, is promoted by the Center for Disease

Control where he told you that there are eight

categories and the more categories you fall into

the more likelihood you're going to be suffering

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


99

from significant consequences as a result of this.

We know for a fact that with Josh, seven of

these apply, which are astronomical in Dr. Gold's

opinion. But putting Dr. Gold's opinion aside, if

we got up there and showed you this evidence here

and nothing else, the law says you can take the

physical abuse, the emotional abuse, the sexual

abuse, the fact that he had family members in jail,

his mother was treated violently, he had family

members who were alcoholics, drug users, chronic

depression, mental illness, you saw his cousin who

probably suffered from post-trauma stress on some

level as well, that you can take those factors

alone in your own general experience and go, you

know what, I just feel there is some serious stuff

going on here and I think that the law allows me to

find this as mitigation and I'm going to find it's

mitigation and you don't have to go any further.

That's what the law says. The existence of

any other factors in the defendant's character,

background or life, period. Or the circumstances

of the offense that would mitigate against the

imposition of the death penalty, separate thing.

And that's kind of what Mr. King was talking about,

except he wanted you to take my three doctors'

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


100

testimony and throw it out the door, because they

answered the question honestly and they weren't

asked to look at my client's state of mind at the

time.

I brought these doctors in for various

reasons. You heard various backgrounds, various

specialties. And you know that Dr. Maher is

probably the most eminently qualified, at least in

terms of medicine, he's a medical doctor. He's a

psychiatrist. He can write prescriptions. He can

treat people who are mentally ill with medicines

and he does. He told you part of his practice is

doing that.

He was the most eminently qualified. He's

the one I asked to connect -- my credibility

throughout this process with you has been so

important. From the day I stood up there and

started talking to you during jury selection and

asking you questions, my credibility is the most

important thing, in my mind, that I can share with

you.

That's why I chose Dr. Maher to come in and

testify to that specific thing because he had the

background. The other doctors really did not. But

the other doctors gave you a lot of evidence that

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


101

supports why. You can come to the same conclusion

about what they believe leading up to this fact,

just circumstantially; the trauma, the conflictual

relationships, the boundary issues, the

self-medication, the low IQ, the executive

function, the post-traumatic stress, the dependent

personality disorder.

All of the factors -- with the three doctors

you can take it alone or in consideration with

Dr. Maher as to how at the time of this event my

client was effected, through a lifetime of various

traumas, abuses, assaults, drug use, meth use. And

why at that moment in the moments leading up to the

offense and the days leading up to the offense that

he was damaged goods, and you can consider that

with all the factors you've already heard.

I mean, you listened to my -- and you may not

have known where I was going, but you listened to

my cross-examination of Detective Buie during the

first part of the case. I didn't do the closing

argument in this case. Ms. Alavi did. I didn't

want to lose credibility. I didn't want to get up

here and say, well, you know, my client is not

guilty. I didn't want to do that. Because I knew

we would be here today.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


102

I wanted you to trust me and trust what I was

saying. And that's why I, in cross examining

Detective Buie, everything I was asking him was in

relation to where we are here today, not whether he

was guilty or not guilty. How credible was I when

I put up here and really talked about what was

going on?

How many of you said, wow, the defense

attorney is bringing out that he had a plan to go

down there, he made a phone call, he's admitting

that? What's going on here? The reason I did that

was because I knew that today I would be talking to

you and wanting you to understand what was going

through my client's mind and the effect of all

these things from this adverse childhood

experiences study. That made him become who he

was.

And that's the second part of this catchall.

And that's the circumstances of the offense that

would mitigate against the imposition of the death

penalty, all the circumstances. The fact that he

thought his children were going to be taken and

they were taken before, the fact that he was

concerned about his children because they were

being watched by someone who sexually was involved

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


103

with a 14-year-old, and was concerned about his

eight-year-old daughter, all those factors are

important to mitigate against the imposition of the

death penalty, to mitigate against this moment

here, this moment here that is very heavy, that is

very heavy.

I addressed that at the beginning of this

closing statement because I knew in the beginning

that would be the thing that drew him to death.

Because your reaction is, oh, my God, I'm

forgetting about Josh when he was three or when he

was four or when he was five or his mother and what

happened to her in front of him, I'm forgetting

about all those things, this is horrible.

And I understand that. That's human nature.

But that's why the law is what the law is, so we

don't have to do that, so we can put that aside and

walk out of here with our head held high, going,

listen, I did my duty. I followed the law. The

law said that I have a right, first of all, not to

do anything, but more importantly, to give weight

to the aggravating factors and then to look at the

mitigating factors.

Before we get to the mitigating factors,

let's talk about victim impact. As I told you, we

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


104

have photographs of Heather, and you heard the

testimony of her mother. There is no question that

Heather's life was so important, and remembering

her as a unique individual is hugely important.

And you can take this with you. This is the

value that she brings. This is the value she

brings as a mother, as a little girl who grew up,

who had a mother who loved her and cared about her

and who was there for her all the time.

My cross-examination, and I didn't mean to

cross any lines, but I had to ask, I had to ask

her, did you protect your daughter. And she said

she did. And I asked her that because we know that

Judy didn't do that for her son. That's important.

But this value you can take with you. But we

know that you can't use this to consider death.

This is something we have to put aside. We have to

put it over here and remember her and keep her

close to our heart and not forget that the law

requires you to give value to her, give value to

her uniqueness as an individual, and the resulted

loss by her death, but that you may not consider

this evidence as an aggravating factor. There's no

question about what that law is.

Your recommendation has to be based on

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


105

aggravating circumstances and mitigating

circumstances. So although she carries great

weight, probably the most weight in this

proceeding, as she should, you cannot use that to

consider death in this case.

So let's talk about the mitigating

circumstances. The mitigating circumstances need

not be proved beyond a reasonable doubt; it only

needs to be proved by the greater weight of the

evidence. Why is that important? It's important

because the legislature understands that there are

rules in place, rules of evidence.

You heard that the doctors weren't allowed to

talk about specific conversations that they had

with my client. They can only talk about stuff

they heard from the courtroom. There are certain

rules that apply. So they understand that, that,

you know, to some extent the rules of evidence kind

of restrained what really should not be.

But in understanding that, they understand

also the greater weight of the evidence is a lesser

standard than beyond a reasonable doubt. So in

terms of deciding a mitigating circumstance, a

mitigating circumstance need only be proved by the

greater weight of the evidence, which means

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


106

evidence that more likely than not tends to prove

the existence of mitigation.

So it's more likely than not. So unlike

beyond a reasonable doubt, which is, like, 95

percent, plus or whatever, the greater weight of

the evidence seems to be like 51 percent. And

that's important because when you look at the

mitigation, you have to say to yourself, yeah, I

heard this, it's coming from his mother.

His mother certainly has a self-interest.

But the interesting thing about -- even though she

kind of told a lie, and I think my doctor kind of

mentioned that she lied about some stuff too, he

does not dispute the adverse childhood experience

list, does not dispute it, because he can't.

Because it's absolutely true. There's nothing

disputing any of this evidence, this mitigation.

So, therefore, when you look at the

mitigation and make a determination of the weight

you have to give the mitigation the standard is the

greater weight of the evidence. And that plays

into your determination of what you want to give

value to. Now, let's talk about -- we're going to

talk about -- can we get the timeline back up?

We're going to talk about -- we're going to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


107

go through -- I'm going to go through Josh's life

in conjunction with the events that occurred here.

And I'm going to point out mitigation that I

believe applies in this case.

It's not going to be everything, it's not

going to be an exhaustive list. I'm going to go

through a list with you briefly that I have, and

you can consider and give weight to any of which.

But before I get there, there are a couple of

things I want to talk about. Number one, remorse.

Remorse is a mitigating factor. It's something

that you can consider and should consider and give

it the weight that you believe it's entitled to.

Now, I know the State talked about how he had lied

at first. And it's important to remember the

context of what's going on here and to look back at

the case.

There's no question that he lied. He was

trying to protect himself. And I had this

conversation with Detective Buie when he was on the

stand during my cross-examination. People protect

themselves, they lie. Does that make them a bad

person? Maybe to some extent. We all lie. But

you have to decide what his lying -- what fueled

his lying. Obviously self-preservation is probably

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


108

number one.

But there are some issues about his children,

because he's really kind of the only parent. And

although he's not the best father, he's a loving

father and that's a mitigating factor. Loving

father is a mitigating factor. We are going to go

through some of those things.

And even if you don't believe that he's a

good father, provider or whatsoever, he's a loving

father. That's one little piece that you can give.

You can give it as much weight or no weight as

possible when we're talking about mitigating

factors.

And you may say being a father has that value

or less, a golf ball, maybe a penny. I don't know.

You have to give what weight you decide on each

mitigating factor. But remorse is clearly a factor

that you can consider. He was remorseful in his

statement. You heard the phone conversation. As a

matter of fact, can you play that phone

conversation real quick? Sorry. This is a phone

conversation after he confessed to the police. He

calls his mother. And I just want you to listen to

that.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


109

MR. LENAMON: You heard testimony that

Dr. Maher spoke with him and that he showed

significant remorse by his actions, that he took

responsibility for what he did. You heard

testimony when he was questioned, I think on the

21st, when he was brought over from the jail, he

had tried to commit suicide.

There was conversations that you heard, and

we talked about this in jury selection. We talked

about this because I wanted to make sure you

understood that it's your responsibility to do what

you believe is right, as opposed to what he wanted

at the time, which was the death penalty.

That's not a consideration for you. And

y'all agreed that you could do that, that you would

put that aside. And at that point you didn't know

we were talking about somebody that was damaged,

who had the history that he had. And you heard

testimony that he had placed a tattoo of Heather on

his arm after he was in jail.

He made a significant mistake by doing this

and he's going to pay with the very least, his life

being spent in a prison. The question you have to

ask yourself, which you can consider as mitigation

is, is a death sentence easier than a life

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


110

sentence. Is a death sentence easier than a life

sentence? That's something you're going to want to

consider in your determination. That's something

you can consider in your determination.

Now, let's talk about the history of Josh

Fulgham. You know, the timeline pretty much is

self-explanatory, and I think Ms. Alavi went

through in detail. But essentially, you know he

was raised in this environment, he was born to Judy

Chandler through an affair with an individual by

the name of Kenneth Cooper that was working at a

factory.

And at the time you heard this kind of --

this is the environment he was born into, was that,

Josh was born into this little town, woman who had

been raped herself by her uncle who at 14 got

married to get out of the house away from an

abusive father. And that's kind of the environment

that he's being born into.

She ends up marrying Larry Fulgham. She has

some children with Larry. And as some point

there's this volatile relationship that's kind of

existing and is going around and around. And you

wonder how Josh became who he became.

One of the things you really have to consider

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


111

is -- and I think Dr. Gold had talked about this

and even Dr. Maher, who was his examples? What did

he see? Larry Fulgham was an example. This is an

individual who broke Judy Chandler's jaw. And you

looked at her teeth, he knocked out her teeth, she

has false teeth. That's the kind of father he grew

up in, the environment. That was his first father,

and it really wasn't his father.

So what's going on? He's born into this

relationship where his father impregnates his

mother, he goes off on his own, that's his

biological father. And then his stepfather, Larry

Fulgham, the person he knows as his father for most

of his life growing up is resentful from the very

beginning.

He beats his mother while she's pregnant and

coins him to be a bastard child. He came into this

world as a bastard child in a small Mississippi

town where everybody, as you heard from Judy

Chandler, knew that he was a bastard child. So

what do you think happened as a result of that? Do

you think people treated him as a bastard child?

Do you think that that was a check against him

coming into the world, besides what we know

happened inside the house, witnessing abuse to his

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


112

mother by the first husband. And he was a little

young, but clearly Jimmy Padgett, who was the

alcoholic second stepfather who made him eat his

own puke when he was, like, four or five because he

had this ailment that they couldn't even fix, a

small town doctor couldn't even fix.

Imagine a four-year-old child that can't eat.

And when he eats, every time he eats, he throws up.

Imagine what kind of effect -- even Dr. Maher

talked about the effect, the chronic illness is one

of the things you take into consideration when

you're looking at the development of a child.

And not only he can't keep it down and he

can't eat and he can't get well because a

small-town doctor isn't qualified enough to treat

him, is that when he pukes his own stepfather makes

him eat his puke. How horrific is that?

So this boy is growing up in this

environment. He watches Jimmy Padgett, I think up

till the age of eight or nine, beat on his mother

and beat on him. And all the time while this is

going on he starts school and he fails in school.

He fails the fourth grade and he fails the fifth

grade, or maybe it was the third and fourth. Third

and fourth grade he failed. Two grades he was held

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


113

back, and his mom never got him the special

education that he needed, if he needed it.

And you would think failing two grades you

would need special education. And what happens is

he ultimately drops out. After that, he goes back

intermittently. When he goes back, he's placed in

a higher grade because he's in a bigger school.

And by that time he's becoming a bully because he's

in this environment of hostility and violence.

This is what this talks about. This is not

like the guessing game. This is like, guess what,

if many of these apply, what is someone going to

turn out to be. We know. Right there. He turned

out to be that way because of what happened to him.

So he goes to school and then he drops out of

school and he never finishes school. And then he

ultimately meets Heather.

Now, before he meets Heather, he's got head

injuries, left and right. He's got a head injury

while Larry was watching him when he was a baby.

He had a car accident where he hit the windshield

because his mom didn't have him in the seat belt.

He had another car accident where he hits the dash.

He's in a car when he's 13 that rolls over because

his mom is letting him drive a car at 13 years of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


114

age and he suffers a head injury then. At 14 he

busts his head on a four-wheeler.

Again at 14, he has an accident in a Blazer

that he's driving. His mom bought him a Blazer at

14 years old. At 14 he has an incident on a dirt

bike. And then when he's 19 or 20, Heather hits

him in the head with a cinder block. We have,

like, seven or eight injuries, traumatic brain

injuries that end up occurring to him.

And he has a frontal lobe examination, an

executive function, neuropsychological years later

-- guess what we find out? He's got brain damage.

So this is the guy growing up in Mississippi that

comes from this traumatic life and ends up having

this brain damage. And at some point, like, 13 or

14, he starts smoking meth in this small town.

And he is trying to do something. He's

trying to hold a job. He ends up meeting Heather.

They start dating. She moves away from her home,

moves in with him and his mother. They meet at the

Traceway store in this small town of Eupora.

And what starts in the relationship? It's

volatile. Now, at first Judy says there's not a

lot of volatility, but clearly at some point

there's this whole circumstance where he goes off

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


115

to work on a boat and then there's talk about

Rhonda who's a person that sexually abused him when

he was between the ages of, like, five and ten.

And we heard that from his cousin who came

all the way from Mississippi to tell us that he was

sexually abused with her. You saw the trauma that

it caused her. You saw her cry. And you saw her

responses and how she was shaking.

And you heard how he tried to minimalize that

with Dr. Maher. He has it buried deep inside.

These are the things that make us who we are. And

this is no fault of his. Somebody else did this to

him. The abuse, the sexual trauma, he was not the

product.

Now, certainly he made the choice to start

using meth, whether he was free-lining it or

otherwise. But we talked to Dr. Maher about that.

And we found out -- and Dr. Gold, and even

Dr. Holmes -- that people who suffer from trauma in

a significant way are statistically more likely to

use drugs as a way to soften that anxiety.

I think Dr. Gold called it having a chronic

high level of anxiety, haunted memories, he said.

And you heard from Dr. Gold, who has written three

books on trauma and related issues, he's the best

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


116

one to tell you, Josh was suffering from serious

post-traumatic stress trauma. And this is all

before he left Mississippi.

And then he leaves Mississippi and he comes

here and tries -- his mom sticks him in a rehab,

but Heather gets him out. Because they have this

dysfunctional relationship that just won't go away.

And it follows. They just can't leave each other.

And probably, with Heather's part, because of the

children. But Josh clearly has issues with

boundaries and relationships, conflictual

relationships.

And you even heard it with Ms. Carr, the

phone conversations, the yelling and screaming and

then I love you. This is a damaged person. So

they leave and they come here in 2002, 2003. And

when they come here, he gets a job, they move into

a trailer and they start living together and then

there's back and forth between Mississippi.

And she always takes the children and leaves.

Probably because there was conflict. Nobody is

blaming her for leaving, whether she was right or

wrong. We don't know the circumstances of that.

What we do know is his mind, his broken mind, she's

taking the children and going back to Mississippi.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


117

And there's some circumstances that play into that

about his concern of why he's really concerned

about her going back to Mississippi.

Remember, she left her house and she was free

to go. And I think there was some evidence that

came out of why she left her house. So remember

that and how that plays into this particular

situation.

So he comes here. And when he comes here

with her they go into this volatile relationship

and then we shoot into 2007, 2008, when, again,

she's back and forth to Mississippi. And then once

we're getting into that area now where in the

summer of 2008 there's a situation between Emilia,

him and Heather where she finds out -- Heather

finds out he's fooling around with Emilia.

And she catches him. And the normal thing

would be, you leave him, you leave him and you move

on. But something happened as a result of that

that was really strange for us to hear. And you

heard Judy talk about it. When she found out about

it she walked in the trailer and they were all

sitting around talking. And she asked Heather,

what's going on, why is she here. They were, like,

we're just talking.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


118

But we know that there was sexual relations

between the three of them in the summer of 2008

before she went and got with Ben McCollum. So

whatever her motive is for doing it, she wants to

keep her husband, it doesn't really matter. What's

important here is a conflictual relationship in his

mind and the circumstances, the whirlwind that we

see stirring up here.

Because it's 11 years of small tornadoes,

boom, boom, boom, boom. But here in 2008 it starts

getting a little bigger. It starts to swirl

around. And what we have going on here in 2008 is

she leaves and she gets with Ben McCollum. So from

September or August of 2008 all the way up to

December, she's with Ben McCollum.

You heard that there was conflict there. You

heard he loves his children and he wanted to spend

the birthday with Mackenzie. He couldn't spend the

birthday with Zack because she wouldn't let him.

And clearly, right or wrong, and I'm not making a

judgment call here, I'm saying you have to take

this all into consideration as to his state of

mind. This is not a judgment issue. This is, what

was his state of mind when all this is going on?

Is he doing this because he wants insurance

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


119

money, or is he doing this because he's conflicted

about the children and because of the relationship,

she should be loyal to him, even though he can go

out and flaunt himself and have affairs with

multiple women, and all of this playing back to

this most important thing, how is this all related

to what the doctors told us. It's all related to

what the doctors told us.

This dysfunction that is existing in his life

is a direct result of everything that happened from

him, from the sexual abuse at age six, seven, eight

or nine, emotional, physical abuse, all of that is

a direct result that flows into who he is in this

dysfunctional world in Boardman, Marion County,

Florida in the end of summer in 2008.

Because that's where you started back in the

first part of this case. You didn't know about all

this other stuff. That's where you started back in

the first part of this case. So by the time you

are first introduced to this case, you didn't know

about all this other stuff, and now you do. That's

why you have to really kind of envelope all this

into your decision-making process in the sentencing

phase.

Because what happens then is that he goes in

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


120

November to see Mackenzie, and Judy Chandler tells

you that Ben McCollum, who came in here and

testified -- it didn't come out through the direct

examination -- was sitting at the door with a

shotgun and a beer in his hand while he visited

Mackenzie. Wrong, right or indifferent, this is

the environment.

We're not making judgments that Ben was wrong

or Ben was right or Heather was wrong or Heather

was right. We are making judgments of what is the

circumstance that leads up to this man doing what

he did.

And for some reason, as just the test of all

time in their relationship, we go from zero to 100

because on December 26, they get married. They get

married. And it's not like they go to the justice

of the peace. And I know there was a conversation

where he said, I married her just because I wanted

the kids. That may be true.

You can consider that as mitigation. It may

not be true. Maybe that's just what he was saying

to Emilia when he said that or his mother or

whoever. Because there was volatile relationships

all around.

But whatever it is, she has a wedding dress

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


121

on, he orders food, there's something real about

this. There's something surreal about this. And

we know it's surreal because this is a product of a

broken man and probably a broken woman, and many

broken people.

But that is not your focus here. Your focus

only is on my client. So the question then

becomes, how is that important? December 26, he's

marrying her. He is marrying her. Seven days

later he's in jail. What is that all about? The

State got up here and -- they had this big

conspiracy theory about how by the summer of 2008

he was conspiring to kill. That's not what's going

on here.

There's talk, talk, volatileness, there's a

lot of backstabbing, there's a lot of acting out,

there's a lot of dysfunction that my experts, not

his, my experts told you about. And they explain

it. He acts out. He gets angry. He talks. So

when he finds someone he can talk to who can fuel

him or to listen to him or soothe him, like Emilia

Carr, you heard, Emilia Carr was the sexual

soothing relationship that he sought out and had.

I mean, it clearly was sexual, because it

went from her and him to her, him and Heather.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


122

There was stuff going on here that is beyond even

some of the expertise testimony that came out. We

could have spent weeks bringing in experts from

around the country to talk about how unusual and

unique some of this stuff going on is.

It really was. Threesome and then marriage

and then jail. Then talk about killing. Talk

about before killing. I mean, there's just so much

going on. But the value of that has to be taken

into the context of all this mitigation, of all

this physical abuse and trauma, of all the

circumstances.

All of that has to be taken into

consideration. Because what happens is, in January

-- it's important -- yeah, I objected because

that's my job. But if you listen to that phone

call on January 6 where he says I should have

killed her, there's 300 phone calls. What phone

call did you hear, other than these, well, is there

woods back there. What phone call -- you would

think that there would be a conversation, based on

Mr. King's presentation of this conspiracy to kill

her, that out of the 300 phone calls, that we would

have heard, hey, I want to kill her, and this is

how we're going to do it and this is when we're

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


123

going to do it. You would think there would be

something like that, but there wasn't.

Am I saying that my client didn't have those

thoughts or talked about things? Absolutely not.

But you have to consider that in the context of a

broken relationship, a set of broken relationships,

a volatile relationship. What I consider an

interaction between him and Emilia, which is unique

-- and I'll leave you with that when I say unique.

You can use it in any way you want when

you're talking about IQs.

THE COURT: Counsel?

MR. LENAMON: Yes.


jury, as follows:)

THE COURT: We're going to take about five

minutes for a break here.

MR. LENAMON: Okay.

THE COURT: We're going to take about five

minutes for a requested break from the jury.


THE COURT: Our court reporter is here and

Mr. Fulgham is back present. All right. We will

bring our jury back and listen to the conclusion of

Mr. Lenamon's argument.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


124



THE COURT: Okay. Jurors are back and we

will resume with Mr. Lenamon's closing argument.

Go ahead, Counsel.

MR. LENAMON: As I was saying, as you go

through the entire facts of the case as I talked

about at some point in the trial, it becomes very

clear that it's surreal. And when you start tying

in the mitigation, you can consider the mitigation

in relation to all the circumstances, the

aggravation, and to the mitigation alone.

Let's talk about some of the mitigation. You

can use this individually or collectively or in

clusters. Did not have the capacity to appreciate

the criminality of his conduct or to conform his

conduct to the requirements of the law.

And that is talking about, really about

what's going on in the events leading up to the

actual killing and the killing itself. And we

talked about that a little bit with Dr. Maher's

testimony in relation to all the trauma that we're

talking about. Exhibits extreme remorse, has an IQ

of 81, has enduring post-traumatic stress syndrome

from childhood, suffers from seven of eight adverse

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


125

childhood experiences by the Centers for Disease

Control, voluntarily confessed, severe sexual abuse

by his sister, is a product of a multi-generational

dysfunctional family, raised in a chaotic

environment, had an unhealthy codependent

relationship with his mother, rejected by his

biological father, witnesses stepfather brutally

beat mother from the time he was born until age

three, physically abused by his first stepfather,

physically abused by his second stepfather,

emotionally abused by next stepfather through

elementary school, verbally abused by the second

stepfather, witnesses physical abuse of mother by

second stepfather, malnourished from age three to

five due to untreated tonsillitis, was not able to

hold his food down due to tonsillitis, forced to

eat his own vomit by his stepfather, forced to

participate and witness to sexual abuse of a

beloved cousin.

He is vulnerable to manipulation by women due

to the unique nature of his sexual abuse, verbal

and emotional abuse by his stepmother, verbal and

emotional abuse by his step-siblings, possible

brain injury at age of six months from accident or

possible abuse by stepfather, possible brain injury

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


126

at age two from car accident, possible brain injury

from a second car accident, possible brain injury

in the sixth grade when hit by another student,

possible brain injury when he rolls car at age 13,

possible brain injury when he has yet another car

accident at age 14, possible brain injury when he

has an ATV accident at age 14, possible brain

injury when Heather hits him with a cinder block,

failed to establish emotional independence from

mother.

All these things can be taken individually,

collectively as a group. You as individuals get to

choose which ones and how much weight you are to

assign them and determine how to see them. Failed

to establish emotional independence from mother,

subjected to sexually abusive sister coming in and

out of home, exhibiting promiscuity, witnessed drug

use by sister in home at a young age, witnessed

stepfather using and selling drugs at a young age,

maternal uncle incarcerated when he was young,

suffers from drug addiction in an effort to

alleviate anxiety from post-traumatic stress

syndrome, suffers from neurological damage from

methamphetamine use, has significant frontal cortex

deficiencies which interfere with executive

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


127

functions.

Now, a lot of what you hear and see is

symptomatic of this frontal lobe. You heard

Dr. Oauou talk about frontal lobe and the

importance of what causes the executive functions.

Executive functions are the part of the brain which

kind of isolate and generate things such as

judgment, insight and strategy.

So if your brain in the front is broken

because of all these head injuries, as Dr. Oauou

has indicated, his brain is broken. This causes

this poor judgment. And when I talked about, you

know, these things about intent, making decisions,

all those things that we talked about that led up

to the crime, these are some things that you have

to consider and look at, in terms of the judgment

quantities, not to excuse him, but to explain some

of the stuff.

But in his everyday, he's got a lack of

insight, impulsivity. Impulsivity is an important

aspect here. And you can -- there's circumstantial

evidence in those phone calls. If you listen to

those phone calls, his impulsive nature, how he

goes from zero to 100 like this. That's frontal

lobe.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


128

That's important. It would be one thing if,

as an adult, you hit yourself with a hammer and

it's your fault you did that. But this is injuries

that occurred over a period of time as a child and

because of his mother's poor judgment, not putting

him in a seat belt. All those things that occurred

it's no fault of his.

And that's something you can consider in

mitigation on many levels. Lack of ability to form

healthy relationships with women due to sexual

abuse, suffers from severe paranoia, was never

properly medicated before incarceration. You heard

he's taking medicine now. And the medicine is

consistent with the same medicine that his cousin

is taking who is suffering from some of the same

post-trauma stuff that he has.

He suffers from intrusive images of violent

or sexual abuse memories, suffers from exaggerated

startle-response -- this is Dr. Maher talking --

suffers from emotional blunting due to

post-traumatic stress syndrome, suffers from

dependent personality disorder. That was Dr.

Maher. Has genuine and love and affection for his

children. That's a mitigating factor. These are

all mitigating factors that legally you can use

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


129

individually, collectively, whatever way you feel

comfortable using.

Never had the opportunity to learn

appropriate boundaries, suffered from lack of

education, took police to the burial site,

implicated himself in exchange for seeing his

children one last time, attempted suicide after

learning that his mother would not be allowed to

maintain custody of his children, has taken

responsibility for his role in Heather's death, has

repeatedly requested -- sent letters expressing

genuine remorse to Heather's mother, under mental

and emotional distress because he believes his

daughter may have been in danger of being sexually

abused by the mother's boyfriend, under emotional

and mental distress due to Heather's threat to take

his children to Mississippi where he believed they

might be abused, life in prison without the

possibility of parole is sufficient to protect the

community.

Now, this is a person who has agreed to take

responsibility and is going to prison for life, for

life. He's going to die in prison. That alone, in

and of itself is a mitigating factor that you can

consider.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


130

One other thing I want to talk about in

relation to the IQ. The doctor talked about this

normal curve and how he falls, Josh falls within

the ten percentile with his IQ in comparison to the

rest of the adult population.

Why is that important? That's important

because you heard that he's at an 81 with his IQ.

You also heard that there's something called a true

score. And the true score means that they have --

it can go either higher or lower statistically when

they do the test for error, circumstances.

So someone may actually score higher or lower

than what they actually score. That's important

because under the composite of giving him the

benefit of the doubt, he could score as low as 77.

Mental retardation is 70. Am I saying he's

mentally retarded? Absolutely not.

He can read, he can function. He worked as a

lawn care person but his intellectual abilities are

compromised, not only because of his IQ, but

because of his brain damage, because of the trauma

that he suffered. Those are things you can take

into consideration when you are looking at the

mitigating factors alone and the circumstances

leading up to all of this.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


131

It's been a long three weeks for all of us.

I appreciate your attention over the past three

weeks, and especially over the past couple of hours

in giving me an opportunity to sum it up. Now your

responsibility is really the responsibility that

takes over at this point. And it's your decision

when you go back there as individuals to decide

whether to recommend life or death.

In this particular case, the circumstances

really compel a sentence of life. It compels a

sentence of life not only for the reason we talked

about in relation to the mitigation and the

mitigating circumstances, but also in just

isolating the trauma that my client suffered as a

child that caused him to become who he was.

And clearly it is not being used as an excuse

but as a presentation of what we, in a society,

that really maintains really an important moral

compass on what is right and what is not right. It

takes all those things into consideration when we

are making a decision about someone's life.

And in this case, Josh Fulgham's life is

going to be spent, at the very least, in prison

where he will die of natural causes. Now, if you

look at the mitigating circumstances in this case

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


132

in combination, all of them, and think about this

storm that began kind of when he was a young boy

and continued on all the way up through his

relationship with Ms. Strong and into him living in

Boardman and having this kind of dysfunctional

interactions with everyone.

All of that originated because of things that

originally were not his fault. This murder is his

fault. He is responsible and he should die in

prison. And by taking this verdict form and

collectively deciding by six of you saying that you

believe that life is the appropriate

recommendation, that will assure our community that

Josh will never get out of prison and die in

prison.

It will assure that justice is served,

because we will never forget what happened to

Ms. Strong, we will never forget Mackenzie or Zack

or the rest of the family that were affected by

this. We can move on with our lives and say that

justice was served here by sentencing this man to

prison for the remainder of his life.

I ask you, each of you, individually and

collectively to return a verdict recommending to

Judge Lambert that my client be sentenced to life

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


133

in prison without the possibility of parole,

without the possibility of parole. Thank you.

THE COURT: Thank you, Counsel, for your

argument. All right.

Much like in the first phase of this case

what we will do is I will read you the

instructions. They're probably a little shorter

than the first phase instructions. But you will

also, when you go back to deliberate, you will each

have your own individual set of these instructions

as well to refer to as you find necessary or

appropriate.

I am going to read the instructions to you

now, the instructions that apply here. So please

pay attention. Ladies and gentlemen of the jury,

you have found the defendant guilty of murder in

the first degree. The punishment for this crime is

either death or life imprisonment without the

possibility of parole.

The final decision as to which punishment

shall be imposed rests with the Judge of this

court, however, the law requires that you, the

jury, render to the Court an advisory sentence as

to which punishment should be imposed upon the

defendant.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


134

It is now your duty to advise the Court as to

the punishment that should be imposed upon the

defendant for the crime of first-degree murder.

You must follow the law that will now be given to

you and render an advisory sentence based upon your

determination as to whether sufficient aggravating

circumstances exist to justify the imposition of

the death penalty or whether sufficient mitigating

circumstances exist that outweigh any aggravating

circumstances found to exist.

The definition of aggravating and mitigating

circumstances will be given to you in a few

moments. As you have been told, the final decision

as to which punishment shall be imposed is the

responsibility of the judge. In this case, as the

trial judge, that responsibility will fall on me.

However, the law requires you to render an

advisory sentence as to which punishment should be

imposed, life in prison without the possibility of

parole or the death penalty. Although the

recommendation of the jury as to the penalty is

advisory in nature and is not binding the jury

recommendation must be given great weight and

deference by the Court in determining which

punishment to impose.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


135

Your advisory sentence should be based upon

the evidence of aggravating and mitigating

circumstances that you have heard while trying the

guilt or innocence of the defendant and the

evidence that has been presented to you in these

proceedings. It is up to you to decide which

evidence is reliable. You should use your common

sense in deciding which is the best evidence and

which evidence should not be relied upon in

considering your verdict.

You may find some of the evidence not

reliable or less reliable than other evidence. You

should consider how the witnesses acted, as well as

what they said. Some things you should consider

are, one, did the witness seem to have an

opportunity to see and know the things about which

the witness testified.

Two, did the witness seem to have an accurate

memory. Three, was the witness honest and

straightforward in answering the attorneys'

questions. Four, did the witness have some

interest in how the case should be decided. Five,

did the witness's testimony agree with the other

testimony and other evidence in the case. Six, had

the witness been offered to receive any money,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


136

preferred treatment or other benefit in order to

get the witness to testify.

Seven, had any pressure or threat been used

against the witness that affected the truth of the

witness's testimony. Eight, did the witness at

some other time make a statement that is

inconsistent with the testimony he or she gave in

court. Nine, was it proved that the witness had

been convicted of a felony or a crime involving

dishonesty.

You may rely on your own conclusion about a

witness. A juror may believe or disbelieve all or

any part of the evidence or the testimony of any

witness. Expert witnesses are like other witnesses

with one exception, the law permits the expert

witness to give an opinion.

However, an expert's opinion is only reliable

when given on a subject about which you believe

that person to be an expert. Like other witnesses,

you may believe or disbelieve all or any part of an

expert's testimony.

A defendant in a criminal case has a

constitutional right not to testify at any stage of

the proceedings. You must not draw any inference

from the fact that a defendant does not testify.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


137

These are some general rules that apply to your

discussions. You must follow these rules in order

to return a lawful recommendation.

One, you must follow the law as it is set out

in these instructions. If you fail to follow the

law, your recommendation will be a miscarriage of

justice. There is no reason for failing to follow

law in this case. All of us are depending upon you

to make a wise and legal decision in this matter.

Two, your recommendation must be decided only

upon the evidence that you've heard from the

testimony of the witnesses, have seen in the form

of the exhibits in evidence and these instructions.

Three, your recommendation must not be based

upon the fact that you feel sorry for anyone or are

angry at anyone. Four, remember the lawyers are

not on trial. Your feelings about them should not

influence your recommendation. Five, it is

entirely proper for a lawyer to talk to a witness

about what testimony a witness would give if called

to the courtroom. The witness should not be

discredited by talking to a lawyer about his or her

testimony.

Six, your recommendation should not be

influenced by feelings or prejudice or by racial or

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


138

ethnic bias or by sympathy. Your recommendation

must be based on the evidence and on the law

contained in these instructions.

An aggravating circumstance is a standard to

guide the jury in making the choice between the

alternative recommendations of life imprisonment

without the possibility of parole or death. It is

a statutorily enumerated circumstance which

increases the gravity of a crime or the harm to a

victim.

An aggravating circumstance must be proven

beyond a reasonable doubt before it may be

considered by you in arriving at your

recommendation. In order to consider the death

penalty as a possible penalty, you must determine

that at least one aggravating circumstance has been

proven.

The State has the burden to prove each

aggravating circumstance beyond a reasonable doubt.

A reasonable doubt is not a mere possible doubt, a

speculative, imaginary or forced doubt. Such a

doubt must not influence you to disregard an

aggravating circumstance if you have an abiding

conviction that it exists.

On the other hand, if after carefully

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


139

considering, comparing and weighing all the

evidence you do not have an abiding conviction that

the aggravating circumstance exists or if having a

conviction, it is one which is not stable, but one

which wavers and vacillates, then the aggravating

circumstance has not been proved beyond every

reasonable doubt and you must not consider it in

rendering an advisory sentence to the Court.

It is to the evidence introduced during the

guilt phase of this trial and in this proceeding

and to it alone that you are to look for that

proof. A reasonable doubt as to the existence of

an aggravating circumstance may arise from the

evidence, conflicts in the evidence or the lack of

evidence.

If you have a reasonable doubt as to the

existence of an aggravating circumstance, you

should find that it does not exist. However, if

you have no reasonable doubt, you should find that

the aggravating circumstance does exist and give it

whatever weight you determine it should receive.

The aggravating circumstances that you may

consider are limited to any of the following that

you find are established by the evidence: Number

one, the capital felony was committed while the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


140

defendant was engaged in the commission of any

kidnapping.

Two, the capital felony was especially

heinous, atrocious or cruel. Heinous means

extremely wicked or shockingly evil. Atrocious

means outrageously wicked and vile. Cruel means

designed to inflict a high degree of pain with

utter indifference to or even enjoyment of the

suffering of others.

The kind of crime intended to be included as

heinous, atrocious or cruel is one accompanied by

additional acts that show that the crime was

conscienceless or pitiless and was unnecessarily

torturous to the victim.

In considering whether a homicide was

committed in an especially heinous, atrocious and

cruel manner, you must not consider anything that

occurred after the death of Heather Strong.

Three, the capital felony was a homicide and

was committed in a cold, calculated and

premeditated manner without any pretense of moral

or legal justification. Cold means the murder was

the product of calm and cool reflection.

Calculated means the defendant had a careful plan

or prearranged design to commit the murder. A

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


141

killing is premeditated if it occurs after the

defendant consciously decides to kill.

The decision must be present in the mind at

the time of the killing. The law does not fix the

exact period of time that must pass between the

formation of the premeditative intent to kill and

the killing. The period of time must be long

enough to allow reflection by the defendant. The

premeditated intent to kill must be formed before

the killing.

However, in order for this aggravating

circumstance to apply a heightened level of

premeditation demonstrated by a substantial period

of reflection is required. A pretense of moral

justification is any claim of justification or

excuse that, though insufficient to reduce the

degree of homicide, nevertheless rebuts the

otherwise cold, calculated or premeditative nature

of the murder.

The State must not rely on a single aspect of

the offense to establish more than one aggravating

circumstance. Therefore, if you find that two or

more of the aggravating circumstances are proven

beyond a reasonable doubt by a single aspect of the

offense, you are to consider that as supporting

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


142

only one aggravating circumstance.

If you find the aggravating circumstances do

not justify the death penalty your advisory

sentence should be one of life imprisonment without

the possibility of parole. Should you find

sufficient aggravating circumstances do exist to

justify recommending the imposition of the death

penalty, it will then be your duty to determine

whether the mitigating circumstances outweigh the

aggravating circumstances that you find to exist.

A mitigating circumstance is not limited to

the facts surrounding the crime. It can be

anything in the life of the defendant which might

indicate that the death penalty is not appropriate

for the defendant. In other words, a mitigating

circumstance may include any aspect of the

defendant's character, background or life or any

circumstance of the offense that reasonably may

indicate that the death penalty is not an

appropriate sentence in this case.

A mitigating circumstance need not be proved

beyond a reasonable doubt by the defendant. A

mitigating circumstance need only be proved by the

greater weight of the evidence which means evidence

that more likely than not tends to prove the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


143

existence of a mitigating circumstance.

If you determine by the greater weight of the

evidence that a mitigating circumstance exists you

may consider it established and give that evidence

such weight as you determine it should receive in

reaching your conclusion as to the sentence

imposed.

Among the mitigating circumstances you may

consider are; one, the capacity of the defendant to

appreciate the criminality of his conduct or to

conform his conduct to the requirements of law was

substantially impaired; two, the existence of any

other factors in the defendant's character,

background or life or the circumstance of the

offense that would mitigate in the imposition of

the death penalty.

If one or more aggravating circumstances are

established, you should consider all the evidence

tending to establish one or more mitigating

circumstances and give that evidence such weight as

you determine it should receive in reaching your

conclusion as to the sentence that should be

imposed.

You have heard evidence about the impact of

this homicide on the family of Heather Strong.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


144

This evidence was presented to show the victim's

uniqueness as an individual and the result and loss

by Heather Strong's death. However, you may not

consider this evidence as an aggravating

circumstance.

Your recommendation to the Court must be

based on the aggravating circumstances and the

mitigating circumstance upon which you have been

instructed.

The sentence that you recommend to the Court

must be based upon the facts as you find them from

the evidence and the law. If after weighing the

aggravating and mitigating circumstances you

determine that at least one aggravating

circumstance is found to exist and that the

mitigating circumstances do not outweigh the

aggravating circumstances or in the absence of


alone are sufficient, you may recommend that a

sentence of death be imposed rather than a sentence

of life in prison without the possibility of

parole.

Regardless of your findings in this respect,

however, you are neither compelled nor required to

recommend a sentence of death. If on the other

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


145

hand, you determine that no aggravating

circumstances are found to exist or that the

mitigating circumstances outweigh the aggravating

circumstances or in the absence of mitigating

factors that the aggravating factors alone are not

sufficient, you must recommend imposition of a

sentence of life in prison without the possibility

of parole rather than a sentence of death.

The process of weighing aggravating and

mitigating factors to determine the proper

punishment is not a mechanical process. The law

contemplates that different factors may be given

different weight or values by different jurors. In

your decision-making process, you and you alone are

to decide what weight is to be given to a

particular factor.

In these proceedings it is not necessary that

the advisory sentence of the jury be unanimous.

The fact that the jury can recommend a sentence of

life in prison or death in this case on a single

ballot should not influence you to act hastily or

without due regard to the gravity of these

proceedings.

Before you ballot, you should carefully

weigh, sift and consider the evidence, realizing

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


146

that a human life is at stake and bring your best

judgment to bear in reaching your advisory

sentence.

If a majority of the jury, seven or more,

determines that Joshua Damien Fulgham should be

sentenced to death, your advisory sentence will be

a majority of the jury by a vote of blank to blank,

and you fill in the blanks, advise and recommend to

the Court that it impose the death penalty upon

Joshua Damien Fulgham.

On the other hand, if by six or more votes

the jury determines that Joshua Damien Fulgham

should not be sentenced to death, your advisory

sentence will be the jury advised and recommends to

the Court that it impose a sentence of life

imprisonment upon Joshua Damien Fulgham without the

possibility of parole.

And I think that the attorneys have indicated

there's two separate verdict forms that will be

given back to you. When you have reached an

advisory sentence in conformity with these

instructions, that form of recommendation should be

signed by your foreperson, dated with today's date

and returned to the Court.

There is no set time for a jury to reach a

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


147

verdict. Sometimes it only takes a few minutes,

other times it takes hours or even days. It all

depends upon the complexity of the case, the issues

involved and the makeup of the individual jury.

You should take sufficient time to fairly discuss

the evidence and arrive at a well-reasoned

recommendation.

Okay. You will now retire to consider your

recommendation as to the penalty to be imposed upon

the defendant. Those are the instructions. And

now at this time, the two alternates will be

excused. I think you know who you are. I thank

you for your efforts in this matter --

MR. LENAMON: Your Honor, may we approach

real quick?

THE COURT: Yeah. Okay.


jury, as follows:)

THE COURT: Did I misread something?

MR. LENAMON: No, no. I think I'm required,

because we had litigated pretrial motions to the

jury instructions that I have to object to the jury

instructions based on previous constitutional

arguments.

THE COURT: Okay. Objections are overruled.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


148



THE COURT: Okay. So your service now is

done. I have certificates of good service. That

kind of pales in comparison of your efforts over

the last few weeks.

The other 12 are the jurors. In the last

case in which there was a death, we did lose a

couple of jurors along the way and our alternates

stepped in. In this case the 12 jurors who were on

the panel has remained here, so your services are

now done.

You are now no longer under my admonitions,

although I would instruct you not to contact any of

the 12 jurors while they are deliberating. But you

are certainly now free to go with our special

thanks for all your efforts in this case.

He will take you back. At this time you are

now discharged. Okay. As we talked about the last

time, you 12 are the jury. So what we will do, we

have a separate set of instructions, one for each

of you. We have the verdict forms. Once he gets

our alternates out, our bailiff will come back and

get those to you. Same discussions that we had

last time, if you have any questions during the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


149

course of your proceedings, just write your

question or questions down, knock on the door, Pete

will take your question, I will read it to the

attorneys and to the parties, and we will formulate

answers and give you the answer to that.

You don't have to have any questions. That's

just a process if you do. We will gather the

evidence for you and bring back to you. Some of

the things are telephone things, video, if you want

to see any of that or listen to any of that, let us

know and we will set that up and play it for you

without any commentary from any of us. We will

just set it up and let you watch as you need to

watch or listen as you need to listen.

Again, we will take as much time as you need

for deliberation. There is no set time as the

instructions indicate. We will stay as long this

afternoon or this evening as you need to stay. If

you need to come back on another day, we will make

every arrangement to do that. I want you to

understand that it is entirely going to be in your

hands to take as much time as you feel you need to

address this case and all the evidence and the

arguments that's been presented to you. If we go

later in the evening, we will make arrangements to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


150

bring food for you. We will get you pizzas and

drinks and stuff like that.

But again, that's kind of the direction that

we're getting, take as much take as you need to

take and we will await your verdict. Okay.

Anything from the State before we send them back?

MR. KING: No.

THE COURT: Okay. Ladies and gentlemen, I

want you to follow Pete and we will stand down

pending your indication as to your verdict.

(Whereupon, the jury retired to the jury room to

consider their verdict at 3:49 p.m., and the following

proceedings were had:)

THE COURT: For the record, they do have all

their pads, which is fine, which is permissible.

Okay. The jury is out. The door is closed.

Counsel, if you just kind of want to get with Judy,

our deputy clerk, to make sure that the correct

evidence goes back. I see that in front of

Mr. Lenamon there's some evidence right there,

boards. And there were some things that we weren't

sending back from the guilt phase because they had

some markings on them or something.

MR. KING: They're still separate.

THE COURT: Take these back to the jury. For

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


151

the record, I'm handing Paul, the bailiff, 12 sets

of jury instructions and the two choices of verdict

forms.


THE COURT: Okay. We're back on the record

again. This is State of Florida vs. Joshua

Fulgham. Mr. Fulgham is present in the courtroom.

Counsel for both parties are present. I've been

advised that the jury has reached its verdict and

they're all in there waiting in the jury

deliberation room, so let's bring them in and

receive their verdict.



THE COURT: All 12 of our jurors are back.

Everybody is present. I understand that the jury

has reached their verdict. So if you will give

that -- hand that to Pete and let me look at it and

we will publish it. Okay. All right. Go ahead

and publish.

THE CLERK: The State of Florida vs. Joshua

Fulgham, verdict, the jury advises and recommends

to the Court that it impose a sentence of life

imprisonment upon Joshua Fulgham without

possibility of parole, dated this 20th day of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


152

April, 2012, signed by the foreperson.

THE COURT: All right. Thank you, Madam

Clerk. Okay. Ladies and gentlemen of the jury,

I'm going to ask each of you individually

concerning this advisory sentence. It is not

necessary that you state how you personally voted

or how any other person voted, but only if the

advisory sentence as just read was correctly

stated.

Okay. Do you, Ms. McWilliams, agree and

confirm that at least six or more of the jury join

in the advisory sentence that you've just heard

read by the clerk?

MS. MCWILLIAMS: I agree.

THE COURT: And do you, Ms. Hester, agree and


in the advisory sentence that you've just heard

read by the clerk?

MS. HESTER: I agree.

THE COURT: Okay. Do you, Ms. Mizel, agree

and confirm that at least six or more of the jury

join in the advisory sentence that you have just

heard read by the clerk?

MS. MIZEL: I do.

THE COURT: Okay. Mr. George, do you agree

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


153

and confirm that at least six or more of the jury

join in the advisory sentence that you have just

heard read by the clerk?

MR. GEORGE: Yes.

THE COURT: All right. Do you,

Ms. Rodriguez, agree and confirm that at least six

or more of the jury join in the advisory sentence

that you have just heard read by the clerk?

MS. RODRIGUEZ: Yes, sir.

THE COURT: Do you, Mr. Otero, agree and


in the advisory sentence that you have just heard

read by the clerk?

MR. OTERO: Yes, sir.

THE COURT: Do you, Mr. Reed, agree and



read by the clerk?

MR. REED: Yes, sir.

THE COURT: Do you, Ms. Shocker, agree and



read by the clerk?

MS. SHOCKER: Yes, sir.

THE COURT: Do you, Ms. Blackburn, agree and

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


154



read by the clerk?

MS. BLACKBURN: Yes.

THE COURT: Do you, Ms. Sauer, agree and



read by the clerk?

MS. SAUER: Yes, sir.

THE COURT: Do you, Ms. Citra, agree and



read by the clerk?

MS. CITRA: I agree.

THE COURT: Lastly, do you, Ms. Shaffer,

agree and confirm that at least six or more of the

jury join in the advisory sentence that you have

just heard read by the clerk?

MS. SHAFFER: I agree.

THE COURT: Very well. Okay. All right.

Well, ladies and gentlemen of the jury, I thank you

for your time and consideration of this case. I

also wish to advise you of some very special

privileges enjoyed by the jurors. No juror can

ever be required to talk about the discussions that

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


155

occurred in the jury room, except by court order.

For many centuries our society has relied

upon juries for consideration of difficult cases.

We have recognized for hundreds of years that a

jury's deliberations, discussions or both should

remain their private affair as long as they wish

it. Therefore, the law gives you the unique

privilege not to speak about the jury's work.

Although, you are at liberty to speak with

anyone about your deliberations you are also at

liberty to refuse to speak to anyone. A request to

discuss either your verdict or your deliberations

may come from those who are simply curious or from

those who might seek to find fault with you from

the media, from the attorneys or elsewhere.

It will be up to you to decide whether to

preserve your privacy as a juror. In real English

that means now you don't have to worry about

whether you watch the TV or read the newspaper or

anything else, you can go about your business and

read whatever you want, do whatever you want, talk

to whoever you want or not talk to anybody if you

don't want to do that.

I do thank you for this. This is -- three

weeks is a long time to devote to public service in

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


156

a difficult case that was hotly contested. And I

do appreciate your efforts that you provided to us.

I do have a certificate of jury service to thank

you for your time. It's kind of a small token for

my overwhelming appreciation for what you've done

for us.

It's also your free pass. If Ruby happens to

summons you again within the next year, you can

say, you know, three weeks with Lambert is more

than enough for anybody to take, just put that note

-- just note it on your summons that you've done

jury service in the last year and you will be

excused.

If you happen to get summonsed again, because

it's all random, and you would like to participate

in the process again, we'd be happy to have you

come back and help us. I think what's going to

happen now, I'll talk to the Counsel about the

scheduling, as you are aware, as you were told

numerous times that your recommendation is to be

given great weight by me regarding the sentence

that I have to impose upon Mr. Fulgham, and I will

certainly comply with the law. Okay.

Do you have any questions?

JURORS: No.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


157

THE COURT: Thank you so much for your time

and effort. Pete will escort you out there and

you're good to go.

(Whereupon, the jury exited the courtroom.)

All right. The jury is out. The door is closed. Any

recommendations is our next step.

MR. KING: I think you just set a sentencing

date, Your Honor, at a later time.

THE COURT: Okay. All right. How much time

do you need?

MR. LENAMON: Judge, it's my belief, based on

the law, it's indisputable, you have no choice but

to recommend, as a matter of law, a sentence of

life. I understand that there's considerations,

but I believe -- it's my position, Judge, I think

is --

THE COURT: You just want me to sentence him

now?

MR. LENAMON: I think it would save a lot of

more painful experiences for Ms. Strong's family

and to understand that unfortunately or

fortunately, whatever the case may be in Florida,

in recent years, the Court's hands are almost bound

by the recommendation of the jury.

And in this case, certainly, I don't see

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


158

anything that is going to be inconsistent with

that.

MR. KING: Nobody is asking for a sentencing

hearing to try to override the jury's

recommendation. But we have to prepare a score

sheet on the kidnapping count. We have to collect

all the information that's necessary for that. And

I think that that will just take a little bit of

time.

MR. LENAMON: That's fine.

THE COURT: I guess your client has no prior

criminal felony record? He waives PSI?

MR. LENAMON: No, sir. He waives PSI.

THE COURT: All right. And do you need to

be -- I'm not diminishing -- I mean, Mr. King's

kind of inferring that this is not going to take a

long time.

MR. LENAMON: I don't need to be here, Judge.

You can set it with Ms. Alavi's schedule.

THE COURT: Okay. We will do that.

MR. LENAMON: If I'm available, I will be

here.

THE COURT: I understand. I know -- I think

you have other cases you were telling me about or

suggesting. But Mr. King is inferring and -- I'm

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


159

kind of understanding what you're saying. You just

need to get your paperwork together.

MR. KING: Yes, sir. We just need to get the

paperwork together to get the restitution figure,

all of those kinds of things that have to be a part

of the judgment.

THE COURT: That's fine, sir. All right.

Very well. We will do that and I will coordinate

with Ms. Alavi's office as to the sentencing

hearing, I guess once the State indicates they're

ready. Provide whatever information to Ms. Alavi

and Mr. Lenamon. If they don't have any quarrel

with it, then we will proceed forward.

MR. LENAMON: Thank you, Your Honor.

MR. KING: Thank you, Your Honor.

MR. LENAMON: Pleasure appearing before you,

Judge. Thank you, Judge.

THE COURT: Okay.

(The proceedings were concluded at 5:32 p.m.)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


160

C E R T I F I C A T E

STATE OF FLORIDA }

COUNTY OF MARION }

I, KATRENIA L. HORISKI, Registered

Professional Reporter and Notary Public, hereby certify

that I was authorized to and did stenographically

report the foregoing proceedings in the above-styled

cause before the Honorable Brian Lambert; and that the

excerpt of transcript, pages 4 through 159, is a true

record of the foregoing proceedings.

I further certify that I am not a relative,

employee, attorney, or counsel of any of the parties,

nor am I a relative or employee of any of the parties'

attorney or counsel connected with the action, nor am I

financially interested in the action.

Dated this 10th day of May, 2012.

KATRENIA L. HORISKI, RPR, FPR

1

100 [3] - 2:17, 120:14,

127:24

108 [1] - 2:12

10th [1] - 160:16

11 [3] - 34:23, 74:12,

118:9

110 [3] - 1:17, 2:3, 2:7

12 [7] - 58:16, 148:7,

148:10, 148:15,

148:20, 151:1,

151:15

12:05 [1] - 49:23

13 [4] - 113:24,

113:25, 114:15,

126:4

14 [8] - 110:16, 114:1,

114:3, 114:5,

114:16, 126:6, 126:7

14-year-old [1] - 103:1

15 [1] - 51:3

159 [1] - 160:9

15th [4] - 13:21, 17:13,

17:22, 30:7

16 [1] - 74:16

17 [1] - 74:17

18 [1] - 5:13

19 [1] - 114:6

1st [3] - 1:17, 2:3, 2:7

2

20 [4] - 1:15, 3:9,

19:14, 114:6

200 [1] - 36:2

2002 [2] - 75:2, 116:16

2003 [2] - 75:3, 116:16

2007 [1] - 117:11

2008 [10] - 12:16,

12:23, 117:11,

117:14, 118:2,

118:10, 118:12,

118:14, 119:15,

121:12

2009 [1] - 51:3

2009-1253-CF-A-Y [1]

- 1:3

2012 [3] - 1:15, 152:1,

160:16

20th [2] - 13:14,

151:25

21st [1] - 109:6

25 [4] - 44:7, 57:11,

57:14, 60:8

26 [2] - 120:15, 121:8

26th [2] - 12:24, 13:8

2:00 [2] - 78:11, 78:14

3

30 [5] - 44:7, 57:11,

57:15, 57:22, 84:11

300 [2] - 122:18,

122:23

3070 [1] - 2:17

33132 [1] - 2:18

34475 [3] - 2:4, 2:8,

2:13

3:49 [1] - 150:12

4

4 [1] - 160:9

46 [1] - 18:11

47 [1] - 18:11

48 [1] - 18:12

5

50 [2] - 45:8, 97:25

5000 [2] - 2:4, 2:8

51 [1] - 106:6

591-9821 [1] - 17:19

5:32 [1] - 159:19

6

6 [1] - 122:17

60 [2] - 45:8, 51:12

600 [1] - 2:12

65 [1] - 51:12

6:18 [1] - 18:1

6:27 [1] - 18:3

6th [3] - 13:9, 13:12,

13:19

7

70 [1] - 130:16

77 [1] - 130:15

7:07 [1] - 18:4

7:10 [1] - 18:5

7:14 [1] - 18:5

7:45 [2] - 18:10, 18:11

7th [1] - 13:12

8

81 [2] - 124:24, 130:7

8:56 [1] - 18:17

9

95 [1] - 106:4

99 [1] - 35:10

9:00 [1] - 18:18

9:01 [1] - 18:19

A

abiding [2] - 138:23,

139:2

abilities [4] - 38:15,

39:5, 40:6, 130:19

ability [4] - 37:12,

40:22, 55:20, 128:9

able [12] - 4:13, 37:15,

38:22, 40:24, 43:14,

52:3, 52:5, 53:7,

56:23, 60:3, 93:12,

125:15

above-styled [1] -

160:7

absence [5] - 81:15,

82:2, 95:6, 144:17,

145:4

absolutely [9] - 56:11,

59:22, 72:18, 74:1,

88:21, 94:7, 106:16,

123:4, 130:17

abundantly [2] - 7:3,

96:12

abuse [23] - 28:24,

29:1, 55:22, 60:1,

87:18, 89:8, 99:7,

99:8, 111:25,

115:13, 119:11,

119:12, 122:11,

125:2, 125:13,

125:18, 125:21,

125:22, 125:23,

125:25, 128:11,

128:18

abused [10] - 29:2,

75:13, 115:2, 115:6,

125:9, 125:10,

125:11, 125:12,

129:15, 129:18

abuses [1] - 101:12

abusive [2] - 110:18,

126:16

accept [3] - 51:8, 69:7,

88:8

acceptance [1] - 55:19

accident [8] - 113:21,

113:23, 114:3,

125:24, 126:1,

126:2, 126:6, 126:7

accompanied [2] -

20:10, 140:11

according [1] - 74:14

accurate [2] - 34:3,

135:18

Acome [4] - 16:1,

16:3, 16:8, 16:9

acquiescent [2] -

34:12, 35:4

act [3] - 37:13, 51:2,

145:21

acted [1] - 135:13

acting [2] - 38:10,

121:16

action [2] - 160:14,

160:15

actions [7] - 33:11,

38:13, 39:4, 55:11,

56:15, 96:24, 109:3

acts [5] - 20:11, 66:9,

90:19, 121:19,

140:12

actual [7] - 20:25,

21:25, 64:9, 83:6,

83:14, 91:25, 124:20

addict [1] - 74:21

addiction [1] - 126:21

additional [2] - 20:10,

140:12

address [2] - 3:11,

149:23

addressed [1] - 103:7

admissible [2] - 21:4,

21:5

admitted [2] - 22:25,

72:17

admitting [1] - 102:10

admonitions [1] -

148:13

adopting [1] - 76:11

adoption [1] - 55:10

adult [2] - 128:2,

130:5

adverse [4] - 98:21,

102:15, 106:14,

124:25

advise [3] - 134:1,

146:8, 154:23

advised [2] - 146:14,

151:9

advises [1] - 151:22

advisory [27] - 69:21,

133:23, 134:5,

134:18, 134:22,

135:1, 139:8, 142:3,

145:18, 146:2,

146:6, 146:13,

146:21, 152:5,

152:8, 152:12,

152:17, 152:22,

153:2, 153:7,

153:12, 153:17,

153:22, 154:2,

154:7, 154:12,

154:17

affair [2] - 110:10,

155:6

affairs [3] - 89:16,

89:17, 119:4

affect [1] - 60:9


1

affected [2] - 132:19,

136:4

affection [1] - 128:23

affects [1] - 87:19

afford [1] - 55:25

afraid [1] - 15:14

afternoon [3] - 50:2,

80:4, 149:18

age [15] - 35:11, 60:6,

74:17, 112:20,

114:1, 119:11,

125:8, 125:14,

125:24, 126:1,

126:4, 126:6, 126:7,

126:18, 126:19

ages [1] - 115:3

aggravated [1] - 71:25

aggravating [89] -

8:11, 8:12, 8:14,

9:20, 9:21, 12:5,

19:23, 20:8, 25:13,

41:8, 41:9, 44:18,

44:22, 45:4, 47:10,

48:9, 52:9, 52:10,

66:19, 68:16, 68:18,

70:24, 70:25, 71:4,

71:9, 74:6, 78:1,

80:15, 81:11, 81:12,

81:15, 81:16, 81:25,

82:2, 82:3, 82:12,

82:19, 82:25, 83:9,

84:4, 84:18, 86:15,

91:11, 91:13, 92:2,

92:5, 93:15, 93:22,

94:16, 95:1, 95:2,

95:4, 95:7, 103:22,

104:23, 105:1,

134:6, 134:9,

134:11, 135:2,

138:4, 138:11,

138:16, 138:19,

138:23, 139:3,

139:5, 139:13,

139:17, 139:20,

139:22, 141:11,

141:21, 141:23,

142:1, 142:2, 142:6,

142:10, 143:17,

144:4, 144:7,

144:13, 144:14,

144:17, 144:18,

145:1, 145:3, 145:5,

145:9

aggravation [9] -

25:17, 40:15, 40:17,

48:3, 93:13, 97:4,

98:16, 124:12

aggravator [6] - 24:18,

41:1, 41:2, 72:22,

83:20, 84:13

aggravators [5] -

66:20, 91:20, 91:24,

92:8, 93:9

ago [4] - 50:5, 63:19,

90:10

agree [20] - 54:24,

71:10, 95:13,

135:23, 152:10,

152:14, 152:15,

152:19, 152:20,

152:25, 153:6,

153:10, 153:15,

153:20, 153:25,

154:5, 154:10,

154:14, 154:16,

154:19

agreed [3] - 69:22,

109:15, 129:21

agreement [1] - 84:5

ahead [8] - 5:4, 14:22,

32:19, 50:1, 60:8,

80:2, 124:5, 151:19

aid [3] - 3:25, 24:19,

46:21

ailment [1] - 112:5

air [3] - 44:11, 44:12,

49:10

ALAVI [2] - 2:11,

79:16

Alavi [4] - 2:11,

101:21, 110:7,

159:11

Alavi's [2] - 158:19,

159:9

alcohol [2] - 30:20,

66:11

alcoholic [1] - 112:3

alcoholics [1] - 99:10

alive [1] - 43:12

alleviate [1] - 126:22

alligators [1] - 90:13

allow [7] - 4:2, 52:23,

52:24, 57:23, 57:24,

70:21, 141:8

allowed [4] - 33:18,

80:21, 105:13, 129:8

allows [1] - 99:16

almost [1] - 157:23

alone [13] - 43:16,

81:17, 82:4, 95:8,

99:14, 101:9,

124:12, 129:23,

130:24, 139:11,

144:19, 145:5,

145:14

alternates [3] -

147:11, 148:9,

148:23

alternative [2] - 47:15,

138:6

Alvi [2] - 54:11, 64:16

analogy [1] - 33:3

AND [1] - 1:2

anger [1] - 74:3

angry [13] - 44:23,

50:25, 55:6, 55:7,

55:9, 55:12, 55:14,

82:16, 86:2, 90:18,

121:19, 137:16

answer [1] - 149:5

answered [2] - 18:16,

100:2

answering [1] -

135:20

answers [1] - 149:5

anticipate [1] - 22:7

anticipated [2] -

31:25, 50:21

anxiety [3] - 115:21,

115:23, 126:22

apart [2] - 17:6, 20:7

apologize [3] - 22:16,

32:21, 69:10

appear [1] - 10:8

appearing [1] - 159:16

application [2] -

80:12, 81:4

applies [5] - 24:20,

65:14, 83:14, 85:20,

107:4

apply [17] - 8:17,

66:20, 80:13, 81:3,

82:16, 83:8, 83:15,

84:4, 88:3, 93:11,

96:3, 99:3, 105:17,

113:12, 133:14,

137:1, 141:12

applying [2] - 66:17,

80:19

appreciate [7] - 25:24,

26:6, 96:4, 124:15,

131:2, 143:10, 156:2

appreciation [1] -

156:5

approach [1] - 147:14

appropriate [7] -

25:18, 67:7, 129:4,

132:12, 133:12,

142:14, 142:20

appropriately [1] -

32:24

April [3] - 1:15, 3:8,

152:1

area [1] - 117:13

argue [4] - 11:15,

11:16, 26:2, 28:12

argued [1] - 76:16

argument [13] - 4:5,

4:6, 4:8, 22:12, 27:5,

49:24, 59:13, 78:6,

78:10, 101:21,

123:25, 124:4, 133:4

ARGUMENTS [1] -

1:11

arguments [10] - 3:9,

3:21, 3:25, 4:8, 8:4,

78:19, 79:2, 79:25,

147:24, 149:24

arise [1] - 139:13

arm [3] - 49:4, 53:23,

109:20

arrangement [1] -

149:20

arrangements [1] -

149:25

arrested [3] - 13:4,

13:12, 90:16

arrive [1] - 147:6

arriving [1] - 138:13

aside [5] - 97:18, 99:4,

103:17, 104:17,

109:16

aspect [5] - 88:4,

127:21, 141:20,

141:24, 142:16

asphyxiation [1] -

44:9

assaults [1] - 101:12

assign [2] - 31:12,

126:14

assigned [3] - 5:18,

5:19, 84:2

Assistant [1] - 2:7

association [1] -

33:16

assume [1] - 79:3

assumed [1] - 30:9

assuming [2] - 59:17,

61:5

assurances [1] - 51:5

assure [3] - 58:3,

132:13, 132:16

assured [2] - 54:7,

55:1

astronomical [1] -

99:3

Atrocious [1] - 140:5

atrocious [15] - 19:25,

20:3, 41:15, 52:9,

67:6, 71:6, 71:11,

83:12, 83:14, 83:20,

84:2, 84:6, 140:4,

140:11, 140:16

attempted [1] - 129:7

attention [4] - 49:25,

79:24, 131:2, 133:15

attenuated [1] - 90:3

ATTORNEY [1] - 2:3

attorney [7] - 38:24,

50:23, 54:17, 55:24,

102:9, 160:12,

160:14

Attorney [2] - 2:7,

98:2

attorneys [6] - 3:20,

3:22, 36:18, 146:18,

149:4, 155:15

attorneys' [1] - 135:20

ATV [1] - 126:7

audience [2] - 59:16,

79:8

audio [11] - 14:18,

14:21, 15:3, 21:11,

21:15, 21:19, 21:23,

22:19, 22:23, 23:7,

108:25

August [1] - 118:14

authorized [1] - 160:6

available [1] - 158:21

Avenue [4] - 1:17, 2:3,

2:7, 2:12

average [1] - 35:16

avoid [2] - 78:23,

79:10

await [1] - 150:5

aware [2] - 72:6,

156:19

B

baby [4] - 59:1, 70:18,

76:11, 113:20

background [8] -

26:11, 96:17, 96:21,

97:21, 99:21,

100:24, 142:17,

143:14

backgrounds [3] -

51:7, 51:8, 100:6

backstabbing [1] -

121:16

bad [5] - 51:9, 90:7,

93:2, 107:22

bag [7] - 43:21, 44:1,

44:14, 48:24, 49:8,

52:15, 57:17

BAILIFF [1] - 62:25

bailiff [2] - 148:23,

151:1

ball [1] - 108:15

ballot [2] - 145:21,

145:24

banjo [1] - 61:19

banker [1] - 66:8

base [1] - 44:24

based [28] - 6:25,

7:10, 8:24, 9:13,

9:15, 9:19, 32:2,

32:7, 46:7, 68:17,

70:25, 81:9, 86:1,


2

91:8, 91:16, 92:2,

94:11, 97:4, 104:25,

122:21, 134:5,

135:1, 137:14,

138:2, 144:7,

144:11, 147:23,

157:11

basic [2] - 10:18,

10:19

basics [1] - 58:23

bastard [5] - 59:1,

111:17, 111:18,

111:20, 111:22

bear [1] - 146:2

beat [5] - 59:1, 59:3,

112:20, 112:21,

125:8

beaten [1] - 58:1

beating [1] - 58:2

beats [1] - 111:16

beautiful [1] - 55:8

became [4] - 12:20,

75:10, 110:24

become [5] - 75:9,

86:18, 94:15,

102:16, 131:15

becomes [9] - 57:21,

58:16, 83:10, 84:9,

85:18, 85:20, 86:8,

121:8, 124:8

becoming [2] - 51:16,

113:8

beer [1] - 120:5

BEFORE [1] - 1:13

began [3] - 12:22,

29:22, 132:2

begging [2] - 43:19,

44:19

begin [1] - 31:10

beginning [8] - 58:18,

60:1, 63:12, 63:14,

80:5, 103:7, 103:8,

111:15

begins [2] - 43:22

behalf [3] - 2:9, 2:19,

4:7

behind [3] - 13:15,

72:24, 84:10

belief [4] - 80:14,

84:17, 89:11, 157:11

beliefs [1] - 50:12

believes [1] - 129:13

beloved [1] - 125:19

belt [3] - 53:14,

113:22, 128:6

Ben [8] - 12:19, 75:8,

118:3, 118:13,

118:15, 120:2,

120:8, 120:9

bench [10] - 10:15,

22:4, 24:15, 27:20,

31:17, 42:3, 46:18,

68:24, 123:14,

147:17

benefit [4] - 57:11,

69:12, 130:15, 136:1

best [8] - 31:14, 55:25,

69:1, 75:22, 108:4,

115:25, 135:8, 146:1

best-case [1] - 75:22

betraying [1] - 77:2

between [15] - 13:1,

13:11, 16:7, 16:20,

34:21, 59:10, 68:1,

77:16, 115:3,

116:19, 117:14,

118:2, 123:8, 138:5,

141:5

beyond [17] - 11:25,

12:6, 82:25, 83:4,

83:6, 84:7, 85:6,

91:19, 105:8,

105:22, 106:4,

122:1, 138:12,

138:19, 139:6,

141:24, 142:22

bias [1] - 138:1

Bic [1] - 41:23

big [4] - 18:8, 77:23,

87:11, 121:11

bigger [3] - 64:11,

113:7, 118:11

bike [1] - 114:6

bills [1] - 38:17

binding [1] - 134:22

biological [2] -

111:12, 125:7

Bird [1] - 2:11

birth [2] - 26:16

birthday [2] - 118:18,

118:19

Biscayne [1] - 2:17

bit [8] - 12:21, 39:18,

74:10, 80:5, 80:24,

96:8, 124:21, 158:8

Blackburn [1] -

153:25

BLACKBURN [1] -

154:4

blah [9] - 77:2, 77:4,

77:7

blame [1] - 12:19

blaming [1] - 116:22

blank [4] - 18:8, 18:9,

146:7

blanks [1] - 146:8

Blazer [2] - 114:3,

114:4

block [2] - 114:7,

126:8

blunting [1] - 128:20

board [1] - 45:7

Boardman [4] - 59:19,

75:6, 119:14, 132:5

boards [1] - 150:21

boat [1] - 115:1

body [2] - 19:12, 43:4

bolded [1] - 65:23

boldly [1] - 53:6

books [2] - 98:7,

115:25

boom [5] - 64:4,

118:10

born [7] - 64:14,

110:9, 110:14,

110:15, 110:19,

111:9, 125:8

bottom [1] - 49:9

bought [1] - 114:4

Boulevard [1] - 2:17

bound [4] - 42:21,

43:1, 43:2, 157:23

boundaries [2] -

116:11, 129:4

boundary [2] - 89:8,

101:4

boy [3] - 95:18,

112:18, 132:2

boyfriend [3] - 61:16,

61:17, 129:15

BRAD [1] - 2:2

brain [25] - 29:3,

35:24, 36:7, 36:10,

37:17, 45:10, 60:22,

61:8, 114:8, 114:12,

114:15, 125:24,

125:25, 126:1,

126:2, 126:4, 126:5,

126:6, 126:7, 127:6,

127:9, 127:11,

130:21

brains [1] - 35:25

break [8] - 32:12,

32:16, 62:23, 78:5,

78:9, 78:11, 123:17,

123:20

breath [1] - 66:12

breathlessness [1] -

52:16

Brenda [2] - 15:10,

15:25

Brian [1] - 160:8

BRIAN [1] - 1:13

briefly [1] - 107:7

bright [1] - 41:22

bring [7] - 3:4, 58:19,

123:24, 146:1,

149:8, 150:1, 151:11

Bring [1] - 79:18

bringing [4] - 31:22,

59:9, 102:9, 122:3

brings [4] - 19:14,

19:17, 104:6, 104:7

broke [1] - 111:4

broken [18] - 77:5,

77:8, 88:1, 88:2,

88:15, 88:16, 88:18,

89:6, 116:24, 121:4,

121:5, 123:6, 127:9,

127:11

brokenness [2] -

45:10, 45:11

brought [9] - 30:8,

37:22, 60:11, 64:17,

88:17, 88:20, 90:9,

100:5, 109:6

brutally [1] - 125:7

Buie [3] - 101:19,

102:3, 107:20

bully [1] - 113:8

bunch [3] - 56:1,

77:24, 77:25

burden [2] - 6:7,

138:18

burial [1] - 129:5

buried [3] - 14:3, 14:4,

115:10

bury [1] - 19:12

business [1] - 155:20

busts [1] - 114:2

butt [1] - 39:14

C

calculated [11] - 9:22,

10:5, 11:10, 11:24,

15:5, 71:7, 72:25,

85:9, 140:20,

140:24, 141:18

calm [2] - 10:2, 140:23

calmly [1] - 19:8

camp [1] - 75:7

cannot [4] - 38:7,

71:4, 83:18, 105:4

capacity [5] - 25:24,

47:17, 96:4, 124:15,

143:9

capital [4] - 98:1,

139:25, 140:3,

140:19

car [11] - 39:11, 39:22,

89:25, 113:21,

113:23, 113:24,

113:25, 126:1,

126:2, 126:4, 126:5

cards [2] - 38:20, 40:4

care [1] - 130:19

cared [1] - 104:8

careful [4] - 10:5,

30:16, 31:1, 140:24

carefully [2] - 138:25,

145:24

Carr [24] - 7:18, 17:23,

17:24, 18:6, 18:22,

19:18, 24:6, 30:22,

34:21, 38:1, 39:14,

39:17, 57:14, 61:14,

61:17, 77:1, 77:12,

84:23, 84:24, 87:6,

116:13, 121:22

Carr's [4] - 17:18,

17:21, 18:3, 18:19

carried [1] - 10:4

carries [1] - 105:2

carry [2] - 40:23,

40:24

CASE [1] - 1:3

case [67] - 3:16, 3:19,

4:1, 5:20, 7:2, 8:17,

9:2, 33:7, 50:20,

52:8, 53:8, 59:17,

63:4, 63:5, 63:10,

63:15, 64:23, 73:13,

74:11, 75:10, 75:22,

76:4, 80:20, 80:22,

81:3, 82:23, 83:4,

83:10, 85:11, 86:11,

86:23, 89:18, 93:2,

96:3, 97:13, 98:16,

98:17, 98:18,

101:20, 101:21,

105:5, 107:4,

107:17, 119:17,

119:19, 119:20,

124:7, 131:9,

131:22, 131:25,

133:5, 134:15,

135:22, 135:24,

136:22, 137:8,

142:20, 145:20,

147:3, 148:8,

148:10, 148:17,

149:23, 154:22,

156:1, 157:22,

157:25

cases [4] - 5:17, 98:1,

155:3, 158:24

catchall [3] - 96:10,

102:18

catches [1] - 117:17

categories [2] - 98:24

caused [3] - 70:7,

115:7, 131:15

causes [6] - 53:19,

60:22, 91:2, 127:5,

127:11, 131:24

CCP [10] - 11:6, 12:12,

41:1, 85:8, 86:19,

86:21, 88:4, 92:9,

92:12


3

cell [7] - 17:12, 17:24,

18:2, 18:14, 18:15,

18:21, 19:3

cellophane [1] - 48:24

Center [1] - 98:22

Centers [1] - 125:1

centuries [1] - 155:2

certain [1] - 105:16

certainly [7] - 58:6,

83:16, 106:10,

115:15, 148:16,

156:23, 157:25

certificate [1] - 156:3

certificates [1] - 148:4

certify [2] - 160:5,

160:11

chair [15] - 24:4,

41:25, 42:19, 43:2,

43:5, 44:4, 48:22,

48:23, 48:24, 48:25,

49:4, 49:5, 49:6,

49:12, 50:24

Chandler [11] - 17:20,

29:8, 29:13, 29:18,

64:15, 74:14, 76:3,

98:9, 110:10,

111:20, 120:1

Chandler's [5] - 17:11,

18:14, 18:18, 55:13,

111:4

change [2] - 6:25,

73:6

changed [3] - 7:12,

55:12, 89:4

channeled [1] - 6:12

chaotic [1] - 125:4

character [7] - 26:10,

96:16, 96:21, 97:21,

99:20, 142:17,

143:13

charges [1] - 39:12

check [1] - 111:23

child [14] - 30:14,

60:1, 70:6, 70:8,

70:17, 76:10,

111:17, 111:18,

111:20, 111:22,

112:7, 112:12,

128:4, 131:15

childhood [7] - 58:1,

87:17, 98:21,

102:15, 106:14,

124:25, 125:1

children [18] - 55:9,

74:4, 77:20, 77:22,

98:4, 102:22,

102:24, 108:2,

110:21, 116:10,

116:20, 116:25,

118:17, 119:2,

128:24, 129:7,

129:9, 129:17

children's [1] - 65:2

chills [1] - 50:24

choice [7] - 5:10,

47:14, 88:6, 94:11,

115:15, 138:5,

157:12

choices [4] - 33:8,

33:10, 34:9, 151:2

choking [1] - 23:4

choose [5] - 31:8,

46:10, 46:21, 47:23,

126:13

choosing [1] - 47:24

chose [5] - 51:18,

51:20, 56:1, 87:12,

100:22

chronic [3] - 99:10,

112:10, 115:22

chronology [1] -

64:17

cinder [2] - 114:7,

126:8

CIRCUIT [2] - 1:1, 1:1

circuit [1] - 55:25

circumstance [49] -

7:1, 8:14, 9:20, 9:21,

9:22, 12:5, 19:24,

20:8, 20:13, 21:2,

67:2, 67:16, 68:16,

70:24, 72:7, 72:12,

77:22, 77:23, 81:13,

82:18, 105:23,

105:24, 114:25,

120:11, 138:4,

138:8, 138:11,

138:16, 138:19,

138:23, 139:3,

139:6, 139:13,

139:17, 139:20,

141:12, 141:22,

142:1, 142:11,

142:16, 142:18,

142:21, 142:23,

143:1, 143:3,

143:14, 144:5,

144:8, 144:15

circumstances [103] -

8:11, 8:12, 8:18, 9:3,

18:20, 25:13, 26:11,

27:24, 28:12, 44:18,

44:22, 44:25, 45:4,

45:5, 47:11, 47:12,

48:9, 50:9, 54:6,

59:21, 61:9, 66:19,

66:20, 68:18, 68:19,

71:1, 71:11, 71:23,

73:2, 73:19, 73:20,

76:6, 77:25, 78:1,

80:14, 80:15, 80:16,

80:17, 81:3, 81:11,

81:14, 81:15, 81:25,

82:1, 82:2, 82:3,

82:20, 84:9, 86:11,

86:15, 89:25, 91:15,

91:25, 92:4, 94:16,

94:18, 94:25, 95:1,

95:3, 95:4, 95:5,

96:17, 97:23, 99:21,

102:19, 102:21,

105:1, 105:2, 105:7,

116:23, 117:1,

118:7, 122:12,

124:11, 130:11,

130:24, 131:9,

131:13, 131:25,

134:7, 134:9,

134:10, 134:12,

135:3, 139:22,

141:23, 142:2,

142:6, 142:9,

142:10, 143:8,

143:17, 143:20,

144:7, 144:13,

144:16, 144:17,

145:2, 145:3, 145:4

circumstantial [2] -

76:23, 127:21

circumstantially [2] -

87:10, 101:3

citizen [1] - 95:15

citizens [1] - 6:1

Citra [1] - 154:10

CITRA [1] - 154:14

civilian [2] - 79:13,

79:15

claim [3] - 38:21,

38:22, 141:15

claustrophobia [1] -

24:11

claustrophobic [1] -

43:17

clear [12] - 6:3, 7:3,

7:13, 11:25, 19:6,

27:2, 33:10, 41:1,

42:10, 70:3, 96:12,

124:9

clearer [1] - 34:2

clearly [19] - 30:1,

30:6, 32:1, 58:17,

60:15, 69:15, 71:10,

84:6, 85:14, 86:6,

88:13, 93:9, 108:17,

112:2, 114:24,

116:10, 118:20,

121:24, 131:16

clerk [13] - 150:18,

152:13, 152:18,

152:23, 153:3,

153:8, 153:13,

153:18, 153:23,

154:3, 154:8,

154:13, 154:18

CLERK [1] - 151:21

Clerk [1] - 152:3

cleverly [1] - 74:2

client [18] - 50:7, 51:1,

51:19, 52:18, 53:1,

54:6, 54:20, 57:14,

69:13, 88:10,

101:11, 101:23,

105:15, 121:7,

123:3, 131:14,

132:25, 158:11

client's [5] - 27:24,

58:1, 93:3, 100:3,

102:14

close [2] - 8:4, 104:19

closed [2] - 150:16,

157:5

closely [2] - 3:24,

72:11

closing [11] - 3:9, 4:6,

27:5, 49:24, 64:22,

68:13, 79:25, 80:6,

101:20, 103:8, 124:4

CLOSING [1] - 1:11

closings [1] - 4:10

clothes [2] - 79:13,

79:15

clouded [1] - 85:21

clusters [1] - 124:15

codependence [1] -

29:4

codependent [1] -

125:5

cognitive [2] - 39:5,

55:21

coins [1] - 111:17

cold [12] - 9:22, 10:1,

11:9, 11:24, 12:8,

15:5, 71:6, 72:25,

85:8, 140:20,

140:22, 141:18

collect [1] - 158:6

collectively [6] - 53:9,

124:14, 126:12,

129:1, 132:11,

132:24

colored [1] - 35:24

combination [1] -

132:1

comfort [1] - 6:10

comfortable [2] -

62:11, 129:2

coming [7] - 16:22,

18:22, 50:3, 76:9,

106:9, 111:24,

126:16

commentary [1] -

149:12

commission [2] - 9:7,

140:1

commit [3] - 10:6,

109:7, 140:25

committed [5] - 9:6,

87:4, 139:25,

140:16, 140:20

common [2] - 24:5,

135:7

community [4] -

59:20, 65:20,

129:20, 132:13

comparing [1] - 139:1

comparison [2] -

130:4, 148:5

compass [1] - 131:19

compel [1] - 131:10

compelled [4] - 81:22,

94:4, 94:19, 144:24

compels [1] - 131:10

compilation [1] - 36:2

complete [4] - 6:7,

8:6, 28:11, 84:5

completely [1] - 47:19

complexity [1] - 147:3

comply [1] - 156:23

composite [1] -

130:14

compromised [1] -

130:20

concede [1] - 91:20

conceding [3] - 57:20,

61:6

concept [1] - 26:13

concern [1] - 117:2

concerned [5] - 4:24,

15:15, 102:24,

103:1, 117:2

concerning [1] - 152:5

concerns [1] - 89:13

concession [1] -

30:19

conclude [1] - 78:10

concluded [1] -

159:19

conclusion [6] -

37:20, 101:1,

123:24, 136:11,

143:6, 143:22

conclusions [1] - 55:2

concrete [1] - 73:6

condemn [1] - 30:13

conduct [8] - 25:25,

96:5, 96:6, 124:16,

124:17, 143:10,

143:11

Conference [9] -

10:15, 22:4, 24:15,


4

27:20, 31:17, 42:3,

46:18, 123:14,

147:17

confessed [2] -

108:22, 125:2

confession [1] - 22:14

confidence [1] - 50:4

confident [1] - 95:23

confined [1] - 43:4

confining [1] - 44:8

confirm [12] - 152:11,

152:16, 152:21,

153:1, 153:6,

153:11, 153:16,

153:21, 154:1,

154:6, 154:11,

154:16

conflict [2] - 116:21,

118:16

conflicted [4] - 87:7,

87:8, 89:8, 119:1

conflicts [1] - 139:14

conflictual [3] - 101:3,

116:11, 118:6

conform [4] - 25:25,

96:5, 124:16, 143:11

conformity [1] -

146:21

confronted [2] -

20:15, 41:24

confused [2] - 66:2,

75:25

confuses [5] - 28:1,

55:18, 55:19, 55:21,

55:22

conjunction [2] -

17:14, 107:2

connect [1] - 100:15

connected [3] - 87:14,

87:19, 160:14

connection [1] - 54:9

connections [1] - 90:3

conscienceless [2] -

20:11, 140:13

consciously [2] -

10:9, 141:2

consequence [1] -

37:14

consequences [2] -

37:2, 99:1

consider [56] - 4:12,

4:21, 4:22, 5:2, 9:4,

11:17, 29:4, 36:22,

44:16, 45:12, 57:22,

58:4, 61:7, 68:15,

70:23, 71:16, 75:1,

82:15, 84:17, 85:4,

97:12, 97:17,

101:15, 104:16,

104:22, 105:5,

107:8, 107:12,

108:18, 109:24,

110:3, 110:4,

110:25, 120:20,

123:5, 123:7,

124:10, 127:16,

128:8, 129:25,

135:13, 135:14,

138:14, 139:7,

139:23, 140:17,

141:25, 143:4,

143:9, 143:18,

144:4, 145:25,

147:8, 150:12

consideration [11] -

70:21, 74:5, 101:9,

109:14, 112:11,

118:22, 122:14,

130:23, 131:20,

154:22, 155:3

considerations [1] -

157:14

considered [2] -

83:19, 138:13

considering [3] -

135:10, 139:1,

140:15

consistent [4] - 25:3,

62:15, 62:16, 128:14

conspiracy [2] -

121:12, 122:22

conspires [1] - 16:10

conspiring [1] -

121:13

constitutional [2] -

136:23, 147:23

constructed [1] -

13:23

contact [1] - 148:14

contained [1] - 138:3

contemplates [2] -

46:1, 145:12

contemplating [1] -

41:20

contested [1] - 156:1

context [29] - 6:18,

7:24, 12:10, 14:10,

15:5, 23:9, 58:4,

58:11, 58:15, 58:22,

61:7, 63:7, 64:7,

64:11, 68:21, 70:1,

76:13, 76:18, 86:9,

86:10, 86:12, 86:22,

89:15, 91:14, 92:1,

93:7, 107:16,

122:10, 123:5

continue [1] - 79:25

continued [4] - 21:23,

22:23, 84:23, 132:3

continuing [7] - 32:1,

33:22, 34:5, 34:17,

35:20, 36:11, 36:15

contrary [1] - 35:5

contributions [1] -

97:14

control [2] - 60:25,

62:13

Control [2] - 98:23,

125:2

conversation [13] -

4:20, 15:24, 16:1,

16:14, 16:15, 19:14,

78:19, 107:20,

108:19, 108:21,

108:22, 120:17,

122:21

conversations [8] -

4:11, 56:4, 58:21,

77:1, 105:14, 109:8,

116:14

convicted [1] - 136:9

conviction [4] - 64:11,

138:24, 139:2, 139:4

cooked [1] - 36:1

cool [4] - 10:2, 10:4,

12:8, 140:23

coolly [1] - 19:8

Cooper [1] - 110:11

coordinate [1] - 159:8

copy [1] - 8:8

corner [1] - 64:9

correct [1] - 150:18

correctly [2] - 51:11,

152:8

cortex [1] - 126:24

counsel [6] - 49:25,

78:2, 150:17, 151:8,

160:12, 160:14

Counsel [5] - 80:2,

123:12, 124:5,

133:3, 156:18

count [1] - 158:6

counting [1] - 45:6

country [2] - 95:16,

122:4

COUNTY [2] - 1:2,

160:3

County [3] - 1:16,

5:12, 119:14

couple [8] - 75:2,

75:15, 82:21, 83:11,

83:22, 107:9, 131:3,

148:9

course [14] - 4:10,

9:18, 10:6, 16:16,

17:9, 41:2, 58:12,

60:11, 64:5, 71:7,

79:14, 90:24, 93:3,

149:1

court [9] - 5:15, 5:16,

5:18, 30:11, 30:20,

123:22, 133:22,

136:8, 155:1

Court [15] - 31:21,

68:17, 70:25, 78:17,

81:8, 133:23, 134:1,

134:24, 139:8,

144:6, 144:10,

146:9, 146:15,

146:24, 151:23

COURT [109] - 1:1,

3:3, 3:7, 7:7, 8:22,

9:1, 10:14, 11:19,

12:14, 13:6, 15:2,

20:19, 20:23, 21:9,

21:13, 21:17, 21:21,

22:3, 22:17, 22:21,

23:16, 23:22, 24:14,

25:4, 26:22, 26:24,

27:19, 28:5, 32:3,

32:9, 32:15, 32:18,

33:23, 34:6, 34:18,

35:1, 35:21, 36:12,

36:16, 36:21, 40:12,

41:5, 42:5, 42:13,

42:25, 43:10, 45:18,

45:23, 46:13, 47:4,

47:20, 48:7, 48:12,

48:15, 48:17, 48:19,

48:21, 49:15, 49:22,

59:14, 62:24, 63:1,

67:21, 78:2, 78:4,

78:8, 79:1, 79:6,

79:10, 79:12, 79:17,

79:22, 123:12,

123:16, 123:19,

123:22, 124:3,

133:3, 147:16,

147:19, 147:25,

148:3, 150:8,

150:14, 150:25,

151:5, 151:15,

152:2, 152:15,

152:20, 152:25,

153:5, 153:10,

153:15, 153:20,

153:25, 154:5,

154:10, 154:15,

154:20, 157:1,

157:9, 157:17,

158:11, 158:14,

158:20, 158:23,

159:7, 159:18

Court's [3] - 9:14,

11:12, 157:23

Courthouse [1] - 1:16

courtroom [10] - 5:19,

5:20, 16:21, 33:5,

41:22, 53:11,

105:16, 137:21,

151:7, 157:4

cousin [4] - 99:11,

115:4, 125:19,

128:14

cover [1] - 30:25

create [1] - 36:9

created [1] - 8:15

creating [1] - 33:17

credentials [1] - 54:13

credibility [5] - 29:16,

82:14, 100:15,

100:19, 101:22

credible [1] - 102:5

crime [15] - 8:19, 9:6,

20:7, 20:11, 67:6,

96:25, 97:2, 127:15,

133:17, 134:3,

136:9, 138:9,

140:10, 140:12,

142:12

criminal [2] - 136:22,

158:12

criminality [4] - 25:24,

96:5, 124:16, 143:10

crinkling [1] - 52:15

criticism [1] - 32:7

cross [5] - 101:19,

102:2, 104:10,

104:11, 107:21

cross-examination [3]

- 101:19, 104:10,

107:21

cruel [15] - 20:1, 20:4,

41:16, 52:10, 71:6,

71:12, 83:12, 83:14,

83:21, 84:2, 84:6,

140:4, 140:6,

140:11, 140:17

cry [1] - 115:7

crying [1] - 52:22

curious [1] - 155:13

curses [1] - 90:19

curve [1] - 130:3

custody [2] - 13:25,

129:9

D

daily [1] - 38:17

damage [10] - 29:3,

37:17, 60:22, 76:21,

76:22, 90:18,

114:12, 114:15,

126:23, 130:21

damaged [5] - 61:8,

73:23, 101:15,

109:17, 116:15

Damien [4] - 146:5,

146:10, 146:12,

146:16


5

danger [1] - 129:14

dark [5] - 19:11,

23:10, 41:22, 42:18,

43:3

dash [1] - 113:23

date [2] - 146:23,

157:8

DATE [1] - 1:15

Dated [1] - 160:16

dated [2] - 146:23,

151:25

dating [1] - 114:19

daughter [3] - 103:2,

104:12, 129:14

days [7] - 13:19, 14:4,

26:15, 50:13,

101:14, 121:9, 147:2

dead [1] - 13:25

deal [1] - 66:8

dealt [1] - 66:7

death [74] - 7:11, 8:1,

20:9, 21:1, 21:25,

24:7, 25:11, 25:15,

25:18, 46:24, 47:9,

47:24, 48:4, 48:11,

55:8, 57:17, 58:5,

61:24, 64:9, 65:23,

67:2, 67:7, 67:24,

68:1, 68:5, 68:9,

69:25, 70:19, 72:18,

81:18, 81:23, 82:7,

83:18, 84:12, 93:21,

94:5, 94:20, 94:21,

94:22, 96:14, 96:19,

99:23, 102:20,

103:4, 103:9,

104:16, 104:22,

105:5, 109:13,

109:25, 110:1,

129:10, 131:8,

133:18, 134:8,

134:20, 138:7,

138:14, 140:18,

142:3, 142:7,

142:14, 142:19,

143:16, 144:3,

144:20, 144:25,

145:8, 145:20,

146:6, 146:9,

146:13, 148:8

December [5] - 12:24,

13:8, 118:15,

120:15, 121:8

deception [2] - 56:5,

56:9

decide [33] - 6:8, 6:9,

6:21, 6:22, 7:16,

9:17, 14:6, 25:21,

41:12, 44:25, 45:4,

45:25, 46:4, 60:17,

64:8, 69:11, 88:22,

89:15, 89:16, 89:18,

91:1, 91:23, 92:10,

92:14, 93:11, 94:11,

95:16, 107:24,

108:16, 131:7,

135:6, 145:15,

155:16

decided [6] - 9:9,

36:18, 55:23, 68:7,

135:22, 137:10

decides [1] - 141:2

deciding [7] - 8:9,

10:9, 53:18, 90:25,

105:23, 132:11,

135:8

decision [28] - 6:4,

46:2, 51:21, 51:22,

62:10, 62:13, 63:17,

63:19, 68:4, 80:9,

86:4, 90:5, 90:6,

91:16, 92:18, 93:3,

95:11, 95:12, 95:24,

119:23, 131:6,

131:21, 133:20,

134:13, 137:9,

141:3, 145:14

decision-making [5] -

80:9, 90:5, 90:6,

119:23, 145:14

decisions [3] - 37:13,

91:8, 127:13

deductions [2] -

38:21, 38:23

deep [1] - 115:10

deeply [1] - 58:16

Defendant [2] - 1:8,

2:19

defendant [18] -

31:23, 80:1, 96:4,

133:16, 133:25,

134:3, 135:4,

136:22, 136:25,

140:1, 140:24,

141:2, 141:8,

142:13, 142:15,

142:22, 143:9,

147:10

defendant's [6] -

96:16, 96:20, 97:21,

99:20, 142:17,

143:13

Defense [1] - 2:22

defense [5] - 3:19,

4:7, 37:11, 88:16,

102:8

defensiveness [1] -

90:21

deference [1] - 134:24

deficiencies [1] -

126:25

deficit [2] - 60:18,

60:22

defines [2] - 20:1,

56:15

defining [1] - 12:13

definitely [1] - 74:20

definition [3] - 82:10,

83:4, 134:11

definitions [3] - 10:25,

82:12, 85:16

degree [13] - 7:5, 8:20,

11:3, 12:2, 12:7,

20:4, 63:21, 63:24,

93:4, 133:17, 134:3,

140:7, 141:17

deliberate [1] - 133:9

deliberated [1] - 10:3

deliberating [1] -

148:15

deliberation [2] -

149:16, 151:11

deliberations [3] -

155:5, 155:10,

155:12

demonstrated [1] -

141:13

demonstrating [1] -

56:25

demonstration [2] -

36:9, 48:22

demonstrative [3] -

24:19, 31:20, 46:21

denial [3] - 72:13

denied [26] - 20:20,

20:24, 21:10, 21:14,

21:18, 21:22, 22:22,

23:17, 25:5, 32:10,

33:24, 34:7, 34:19,

35:2, 35:22, 36:13,

36:17, 40:12, 41:6,

43:11, 45:19, 45:24,

46:14, 47:4, 47:21,

48:7

denigration [2] -

27:25, 45:16

dependent [2] - 101:6,

128:22

depression [1] - 99:11

deputy [2] - 30:18,

150:18

describe [2] - 21:24,

53:3

described [1] - 29:10

deserve [1] - 74:7

deserves [3] - 75:21,

89:20, 91:17

design [2] - 10:6,

140:25

designed [3] - 20:4,

50:17, 140:7

detail [5] - 53:3, 57:9,

62:19, 66:22, 110:8

detailed [1] - 8:6

details [1] - 18:23

Detective [3] - 101:19,

102:3, 107:20

detectives [1] - 30:3

determination [12] -

66:24, 80:22, 83:3,

84:14, 86:16, 88:10,

91:18, 106:19,

106:22, 110:3,

110:4, 134:6

determinations [1] -

72:20

determine [18] -

25:20, 26:7, 26:8,

29:16, 40:9, 81:12,

81:24, 95:2, 126:14,

138:15, 139:21,

142:8, 143:2, 143:5,

143:21, 144:14,

145:1, 145:10

determines [2] -

146:5, 146:12

determining [4] -

21:4, 25:21, 66:5,

134:24

development [1] -

112:12

devote [1] - 155:25

die [10] - 53:16, 70:10,

75:21, 75:22, 75:23,

88:23, 129:23,

131:24, 132:9,

132:14

died [1] - 7:19

dies [3] - 53:18, 64:5,

95:20

difference [5] - 53:17,

53:23, 53:24, 54:1,

67:25

different [13] - 4:4,

5:17, 17:6, 25:23,

42:5, 50:14, 62:8,

85:9, 93:13, 97:25,

145:12, 145:13

differently [1] - 97:20

difficult [2] - 155:3,

156:1

diminish [2] - 28:15,

40:21

diminishing [1] -

158:15

direct [4] - 64:16,

119:10, 119:13,

120:3

direction [1] - 150:3

dirt [1] - 114:5

disagree [1] - 65:4

disappearance [1] -

30:5

disappearing [1] -

29:21

disbelieve [3] - 31:8,

136:12, 136:20

discard [1] - 64:20

discharged [1] -

148:19

discredited [1] -

137:22

discuss [5] - 46:3,

80:6, 147:5, 155:12

discussed [4] - 12:17,

12:18, 80:17, 80:20

discusses [1] - 81:6

discussion [6] -

12:20, 12:21, 13:10,

17:10, 52:16, 54:7

discussions [5] -

78:20, 137:2,

148:24, 154:25,

155:5

Disease [2] - 98:22,

125:1

dishonesty [1] -

136:10

disorder [5] - 29:5,

36:25, 60:24, 101:7,

128:22

disorganized [1] -

61:5

disparate [1] - 14:15

dispute [7] - 64:1,

64:19, 69:23, 71:3,

86:19, 106:14,

106:15

disputing [1] - 106:17

disregard [1] - 138:22

disrespectful [1] -

83:24

dissociative [1] - 29:5

distinguishment [1] -

85:14

distorted [2] - 88:14,

89:5

distress [2] - 129:13,

129:16

disvalue [1] - 64:20

doctor [8] - 57:16,

60:13, 97:24, 100:9,

106:12, 112:6,

112:15, 130:2

Doctor [1] - 87:3

doctors [13] - 60:12,

60:15, 75:14, 76:3,

88:17, 89:10, 100:5,

100:24, 100:25,

101:8, 105:13,


6

119:7, 119:8

doctors' [2] - 66:19,

99:25

document [1] - 13:24

Dollar [2] - 43:20, 49:8

domestic [2] - 28:22,

90:16

done [22] - 3:12, 6:11,

8:24, 36:3, 42:11,

42:14, 49:15, 54:19,

59:6, 62:6, 68:11,

69:10, 71:21, 71:22,

79:17, 90:8, 91:7,

98:12, 148:4,

148:12, 156:5,

156:11

door [5] - 100:1,

120:4, 149:2,

150:16, 157:5

double [1] - 22:11

doubt [23] - 82:25,

83:5, 83:7, 84:8,

85:7, 91:19, 93:14,

105:8, 105:22,

106:4, 130:15,

138:12, 138:19,

138:20, 138:21,

138:22, 139:7,

139:12, 139:16,

139:19, 141:24,

142:22

down [22] - 11:6,

31:21, 37:6, 37:9,

38:1, 43:14, 43:21,

44:13, 48:25, 49:4,

49:12, 50:24, 51:10,

52:24, 52:25, 53:13,

78:12, 102:10,

112:13, 125:16,

149:2, 150:9

Dr [44] - 33:2, 33:7,

34:10, 35:6, 36:24,

37:16, 44:10, 56:7,

58:11, 60:17, 61:4,

69:4, 86:1, 87:2,

87:15, 87:16, 90:17,

97:24, 98:4, 98:5,

98:6, 98:19, 98:20,

99:3, 99:4, 100:7,

100:22, 101:10,

109:2, 111:1, 111:2,

112:9, 115:10,

115:17, 115:18,

115:19, 115:22,

115:24, 124:21,

127:4, 127:10,

128:19, 128:22

draw [1] - 136:24

drawing [1] - 73:8

dress [1] - 120:25

drew [1] - 103:9

drinks [1] - 150:2

drive [1] - 113:25

driven [1] - 74:3

driver [1] - 5:12

driveway [1] - 16:23

driving [1] - 114:4

drop [1] - 39:12

drops [2] - 113:5,

113:15

drug [7] - 66:10,

74:21, 87:18, 99:10,

101:12, 126:17,

126:21

drugs [6] - 29:2,

74:20, 115:21,

126:19

drunk [2] - 30:21,

66:12

duct [7] - 43:13, 49:1,

49:3, 49:5, 49:13,

50:24

due [7] - 125:15,

125:16, 125:20,

128:10, 128:20,

129:16, 145:22

during [12] - 4:9, 9:7,

9:18, 20:14, 50:5,

64:16, 79:14,

100:18, 101:19,

107:21, 139:9,

148:25

duties [1] - 54:18

duty [5] - 66:15, 68:11,

103:19, 134:1, 142:8

dying [1] - 53:12

dynamic [1] - 52:4

dynamics [2] - 67:13,

73:21

dysfunction [6] -

55:21, 56:15, 59:24,

77:10, 119:9, 121:17

dysfunctional [11] -

56:12, 56:13, 56:22,

61:9, 61:20, 73:3,

75:1, 116:7, 119:14,

125:4, 132:5

E

easier [3] - 46:22,

109:25, 110:1

easy [2] - 64:3, 64:6

eat [6] - 60:5, 112:3,

112:7, 112:14,

112:17, 125:17

eating [1] - 60:2

eats [2] - 112:8

education [3] - 113:2,

113:4, 129:5

effect [4] - 20:8,

102:14, 112:9,

112:10

effected [1] - 101:11

effectively [1] - 63:23

effort [2] - 126:21,

157:2

efforts [4] - 147:13,

148:5, 148:17, 156:2

eight [8] - 68:5, 98:23,

103:2, 112:20,

114:8, 119:11,

124:25, 136:5

eight-year-old [1] -

103:2

either [5] - 10:23,

42:9, 130:10,

133:18, 155:12

elementary [1] -

125:12

eleven [1] - 43:6

elsewhere [1] - 155:15

Emilia [36] - 12:18,

17:18, 17:21, 17:23,

17:24, 18:2, 18:6,

18:19, 18:22, 19:5,

19:18, 23:2, 24:1,

24:6, 30:22, 34:21,

37:25, 39:13, 39:17,

52:20, 57:14, 61:17,

75:8, 77:1, 77:2,

77:7, 77:12, 84:23,

85:24, 117:14,

117:16, 120:22,

121:21, 121:22,

123:8

eminent [1] - 98:5

eminently [3] - 98:1,

100:8, 100:14

emotional [10] - 6:7,

99:7, 119:12,

125:22, 125:23,

126:9, 126:15,

128:20, 129:13,

129:15

emotionally [2] -

83:24, 125:11

employee [2] - 160:12,

160:13

end [16] - 4:8, 8:13,

37:5, 53:2, 53:4,

67:1, 68:12, 72:16,

74:17, 74:19, 74:22,

75:2, 76:11, 114:9,

119:15

ended [1] - 15:24

ends [6] - 58:25,

61:16, 87:20,

110:20, 114:14,

114:18

endured [2] - 58:9,

58:10

enduring [1] - 124:24

enforcement [2] -

54:5, 54:9

engaged [1] - 140:1

English [1] - 155:17

enjoyed [1] - 154:24

enjoyment [2] - 20:5,

140:8

enroll [1] - 14:1

enrolled [1] - 14:5

entire [1] - 124:7

entirely [3] - 35:13,

137:19, 149:21

entitled [6] - 3:25,

45:2, 72:21, 72:23,

74:8, 107:13

enumerated [1] -

138:8

envelope [1] - 119:22

environment [8] -

110:9, 110:14,

110:18, 111:7,

112:19, 113:9,

120:7, 125:5

equal [1] - 4:2

equipped [1] - 47:13

err [1] - 69:12

error [1] - 130:11

escort [1] - 157:2

especially [8] - 19:25,

40:9, 65:1, 87:21,

89:15, 131:3, 140:3,

140:16

ESQUIRE [6] - 2:2,

2:6, 2:11, 2:15, 2:15,

2:16

essentially [2] - 71:5,

110:8

establish [5] - 11:1,

126:9, 126:15,

141:21, 143:19

established [3] -

139:24, 143:4,

143:18

ethnic [1] - 138:1

Eupora [7] - 64:14,

74:18, 75:1, 75:4,

75:5, 76:9, 114:21

evaluate [5] - 20:13,

29:16, 33:19, 41:15,

54:20

evaluated [1] - 25:16

evaluating [5] - 30:16,

31:1, 31:9, 33:1,

66:5

even-handedly [1] -

54:19

evening [4] - 18:1,

30:3, 149:18, 149:25

event [7] - 19:8, 29:20,

52:5, 83:15, 91:25,

92:1, 101:10

events [4] - 64:17,

84:22, 107:2, 124:19

everyday [3] - 37:13,

127:19

evicted [1] - 39:22

evidence [81] - 3:23,

4:12, 4:13, 4:16, 5:1,

5:2, 5:3, 6:13, 6:19,

14:11, 19:6, 29:3,

34:1, 35:5, 44:3,

46:8, 48:23, 50:7,

58:17, 60:16, 63:25,

64:2, 65:16, 65:18,

65:21, 68:16, 70:23,

71:4, 76:2, 81:10,

90:9, 97:2, 97:13,

99:5, 100:25,

104:23, 105:10,

105:12, 105:18,

105:21, 105:25,

106:1, 106:6,

106:17, 106:21,

117:5, 127:22,

135:2, 135:5, 135:7,

135:8, 135:9,

135:11, 135:12,

135:24, 136:13,

137:11, 137:13,

138:2, 139:2, 139:9,

139:14, 139:15,

139:24, 142:24,

143:3, 143:4,

143:18, 143:20,

143:24, 144:1,

144:4, 144:12,

145:25, 147:6,

149:8, 149:23,

150:19, 150:20

evil [2] - 20:2, 140:5

evolve [1] - 6:25

exact [2] - 36:8, 141:5

exactly [4] - 42:8,

42:11, 42:23, 65:17

exaggerated [1] -

128:18

examination [7] -

64:16, 98:20,

101:19, 104:10,

107:21, 114:10,

120:4

examining [1] - 102:2

example [4] - 62:21,

72:2, 80:25, 111:3

examples [3] - 81:1,

86:14, 111:2

except [2] - 99:25,


7

155:1

exception [2] - 66:25,

136:15

EXCERPT [1] - 1:11

excerpt [1] - 160:9

exchange [1] - 129:6

exclusively [1] - 97:4

excuse [5] - 75:19,

75:20, 127:17,

131:16, 141:16

excused [2] - 147:12,

156:13

excuses [2] - 76:1,

97:15

executed [2] - 13:4,

75:23

executive [12] - 35:11,

35:14, 37:11, 37:18,

40:20, 60:18, 60:21,

101:5, 114:11,

126:25, 127:5, 127:6

exhaustive [1] - 107:6

exhibiting [1] - 126:17

exhibits [2] - 124:23,

137:13

exist [19] - 8:12, 26:9,

27:24, 41:10, 44:25,

81:13, 81:25, 91:20,

93:22, 95:3, 134:7,

134:9, 134:10,

139:18, 139:20,

142:6, 142:10,

144:15, 145:2

existed [1] - 93:10

existence [10] - 26:10,

96:15, 96:20, 97:20,

99:19, 106:2,

139:12, 139:17,

143:1, 143:12

existing [3] - 77:11,

110:23, 119:9

exists [3] - 138:24,

139:3, 143:3

exited [1] - 157:4

expanded [2] - 64:12,

64:13

expect [5] - 5:20, 9:2,

26:2, 27:5, 45:6

expected [1] - 32:22

experience [4] - 5:21,

25:10, 99:14, 106:14

experienced [2] -

42:18, 50:22

experiences [7] -

66:6, 66:14, 98:21,

102:16, 125:1,

157:20

expert [14] - 31:4,

31:6, 31:20, 33:12,

34:9, 36:25, 37:1,

54:19, 54:24, 55:24,

97:23, 136:14,

136:15, 136:19

expert's [2] - 136:17,

136:21

expertise [1] - 122:2

experts [19] - 27:15,

28:3, 28:8, 28:18,

32:25, 33:20, 37:11,

54:13, 54:16, 54:25,

56:8, 59:9, 63:9,

67:14, 97:1, 97:7,

121:17, 121:18,

122:3

experts' [1] - 54:23

explain [3] - 62:19,

121:18, 127:17

explained [1] - 10:7

explaining [2] - 22:14,

62:9

explanation [3] - 56:3,

93:8, 98:11

explanatory [1] -

110:7

expressing [1] -

129:11

extension [1] - 32:1

extent [8] - 28:24,

29:17, 30:24, 39:4,

40:6, 71:24, 105:18,

107:23

extreme [2] - 72:9,

124:23

extremely [2] - 20:2,

140:5

F

face [4] - 38:16, 43:13,

43:25, 44:13

fact [18] - 11:16,

35:12, 53:12, 64:13,

64:21, 65:6, 87:1,

97:16, 97:19, 99:2,

99:8, 101:2, 102:21,

102:23, 108:20,

136:25, 137:15,

145:19

factor [26] - 11:6,

23:11, 26:10, 41:9,

41:13, 52:9, 52:11,

71:4, 72:1, 74:6,

82:25, 84:18, 85:4,

91:11, 91:13, 96:9,

96:10, 104:23,

107:11, 108:5,

108:6, 108:17,

128:24, 129:24,

145:16

factors [45] - 25:12,

41:8, 71:9, 72:7,

73:17, 81:16, 82:4,

82:13, 82:24, 83:9,

84:4, 91:8, 92:2,

92:5, 93:15, 93:22,

93:23, 95:7, 95:25,

96:1, 96:2, 96:3,

96:16, 96:20, 97:20,

99:13, 99:20, 101:8,

101:16, 103:2,

103:22, 103:23,

103:24, 108:13,

128:25, 130:24,

143:13, 144:18,

145:5, 145:10,

145:12

factory [1] - 110:12

facts [29] - 7:4, 9:19,

10:10, 11:7, 12:10,

17:15, 19:7, 27:6,

27:7, 41:16, 41:17,

46:4, 48:8, 50:19,

72:20, 74:9, 74:11,

81:2, 81:9, 86:10,

86:22, 86:25, 89:24,

91:25, 93:2, 93:6,

124:7, 142:12,

144:11

fail [1] - 137:5

failed [3] - 112:25,

126:9, 126:14

failing [2] - 113:3,

137:7

fails [3] - 112:22,

112:23

fairly [2] - 50:19, 147:5

fall [3] - 66:24, 98:24,

134:16

falls [2] - 130:3

false [1] - 111:6

familiar [1] - 11:23

family [8] - 65:19,

70:5, 99:8, 99:9,

125:4, 132:19,

143:25, 157:20

family's [1] - 65:1

far [1] - 12:22

father [16] - 58:25,

59:5, 108:4, 108:5,

108:6, 108:9,

108:10, 108:14,

110:18, 111:6,

111:7, 111:8,

111:10, 111:12,

111:13, 125:7

fault [13] - 59:2, 59:3,

59:4, 59:5, 59:7,

91:2, 115:12, 128:3,

128:7, 132:8, 132:9,

155:14

fear [6] - 23:13, 24:22,

34:23, 54:24, 72:9,

74:4

February [2] - 17:13,

51:3

feed [1] - 90:12

feelings [3] - 70:4,

137:17, 137:25

felony [13] - 12:4,

64:2, 64:3, 64:5,

89:21, 89:22, 91:10,

136:9, 139:25,

140:3, 140:19,

158:12

felt [4] - 54:8, 55:2,

71:13

few [7] - 51:25, 53:6,

95:13, 98:13,

134:12, 147:1, 148:6

field [1] - 90:5

FIFTH [1] - 1:1

fifth [1] - 112:23

figure [1] - 159:4

file [2] - 79:4

filed [1] - 79:1

fill [2] - 51:1, 146:8

final [5] - 3:21, 4:5,

4:7, 133:20, 134:13

financially [1] - 160:15

findings [3] - 81:21,

94:3, 144:23

fine [3] - 150:15,

158:10, 159:7

fingerprint [1] - 44:5

finished [1] - 8:13

finishes [1] - 113:16

first [47] - 4:4, 7:5,

8:11, 8:20, 9:4, 9:5,

11:3, 12:2, 12:7,

15:8, 15:11, 17:16,

24:21, 34:10, 43:13,

44:8, 52:19, 52:22,

63:5, 63:8, 63:14,

63:21, 63:24, 73:12,

74:11, 76:4, 82:22,

83:3, 85:10, 86:23,

91:18, 93:4, 101:20,

103:20, 107:15,

111:7, 112:1,

114:23, 119:17,

119:19, 119:20,

125:9, 133:5, 133:8,

133:17, 134:3

first-degree [7] - 11:3,

12:2, 12:7, 63:21,

63:24, 93:4, 134:3

fish [1] - 75:7

fit [1] - 27:11

five [18] - 32:15,

48:14, 48:18, 48:19,

57:17, 57:19, 60:6,

60:7, 84:10, 90:2,

103:12, 112:4,

115:3, 123:16,

123:19, 125:15,

135:22, 137:18

five-year-old [1] - 60:7

fix [3] - 112:5, 112:6,

141:4

fixed [1] - 89:11

flashlight [1] - 24:4

flaunt [1] - 119:4

flickering [1] - 41:23

FLORIDA [3] - 1:2,

1:5, 160:2

Florida [21] - 1:17,

2:4, 2:8, 2:13, 2:18,

5:13, 7:3, 53:20,

53:21, 62:15, 62:16,

75:24, 88:24, 96:11,

97:11, 98:2, 119:15,

151:6, 151:21,

157:22

flowed [1] - 60:5

flows [1] - 119:13

focus [2] - 121:6

folks [3] - 57:23,

57:25, 61:19

follow [11] - 6:4, 8:1,

8:2, 62:1, 66:15,

134:4, 137:2, 137:4,

137:5, 137:7, 150:9

followed [1] - 103:19

following [13] - 3:5,

11:20, 25:6, 28:6,

32:13, 42:15, 47:5,

79:20, 124:1,

139:23, 148:1,

150:12, 151:13

follows [10] - 10:16,

22:5, 24:16, 27:21,

31:18, 42:4, 46:19,

116:8, 123:15,

147:18

food [4] - 60:3, 121:1,

125:16, 150:1

fooling [1] - 117:16

foot [2] - 33:4, 43:2

FOR [1] - 1:2

forced [3] - 125:16,

125:17, 138:21

foregoing [2] - 160:7,

160:10

foreperson [2] -

146:23, 152:1

forever [2] - 95:10,

95:11

forget [4] - 64:24,

104:19, 132:17,

132:18


8

forgetting [2] -

103:11, 103:13

forgot [2] - 73:14,

90:14

form [12] - 16:17, 23:1,

25:23, 28:9, 29:7,

68:10, 73:25, 85:11,

128:9, 132:10,

137:12, 146:22

formation [1] - 141:6

formed [1] - 141:9

forms [6] - 25:23,

67:20, 67:23,

146:19, 148:22,

151:3

formulate [1] - 149:4

formulation [1] - 84:1

forth [5] - 34:21,

64:17, 77:16,

116:19, 117:12

fortunately [1] -

157:22

forward [5] - 19:22,

56:19, 56:20, 56:23,

159:13

four [12] - 18:13, 59:9,

60:19, 88:17, 90:9,

90:10, 103:12,

112:4, 112:7, 114:2,

135:21, 137:16

four-wheeler [1] -

114:2

four-year-old [1] -

112:7

fourth [3] - 112:23,

112:24, 112:25

FPR [2] - 1:18, 160:18

frank [1] - 67:4

free [4] - 115:16,

117:4, 148:16, 156:7

free-lining [1] - 115:16

freely [1] - 33:8

Friday [1] - 13:18

friends [1] - 65:20

front [8] - 31:25,

42:11, 42:24, 47:1,

76:14, 103:13,

127:9, 150:19

frontal [6] - 60:22,

114:10, 126:24,

127:3, 127:4, 127:24

frustration [1] - 74:3

fuel [1] - 121:20

fueled [1] - 107:24

fulfill [1] - 54:17

Fulgham [48] - 6:17,

7:4, 12:16, 15:19,

16:3, 17:17, 19:16,

20:17, 24:6, 24:22,

33:13, 35:9, 35:15,

36:6, 37:7, 37:22,

43:6, 45:10, 48:11,

50:8, 55:6, 56:9,

61:18, 61:23, 62:2,

62:6, 64:14, 73:23,

75:20, 76:7, 79:12,

80:1, 88:25, 95:17,

110:6, 110:20,

111:3, 111:13,

123:23, 146:5,

146:10, 146:12,

146:16, 151:7,

151:22, 151:24,

156:22

FULGHAM [1] - 1:7

Fulgham's [5] - 15:18,

16:22, 33:8, 75:16,

131:22

full [5] - 11:11, 11:13,

32:8, 35:18, 49:25

full-page [1] - 11:11

fully [1] - 40:24

function [12] - 35:11,

35:15, 37:11, 37:18,

38:15, 39:2, 40:21,

60:18, 60:22, 101:6,

114:11, 130:18

functions [3] - 127:1,

127:5, 127:6

G

game [1] - 113:11

gather [1] - 149:7

gathered [1] - 5:8

general [5] - 27:16,

28:19, 82:15, 99:14,

137:1

General [2] - 43:20,

49:8

General's [1] - 98:2

generate [2] - 76:15,

127:7

generational [1] -

125:3

genetics [1] - 60:1

gentlemen [8] - 3:8,

3:18, 5:6, 78:8,

133:15, 150:8,

152:3, 154:21

genuine [2] - 128:23,

129:12

George [1] - 152:25

GEORGE [1] - 153:4

girl [2] - 38:8, 104:7

girlfriend [1] - 61:18

given [21] - 4:1, 7:23,

34:15, 37:16, 40:10,

48:2, 48:8, 63:13,

83:2, 83:20, 86:21,

134:4, 134:12,

134:23, 136:18,

145:12, 145:15,

146:20, 156:21

glosses [1] - 84:20

God [2] - 46:8, 103:10

Gold [9] - 36:24,

87:16, 98:6, 98:19,

98:20, 111:1,

115:18, 115:22,

115:24

Gold's [2] - 99:3, 99:4

golden [1] - 59:12

Golden [2] - 78:18,

79:2

golf [1] - 108:15

goodbye [1] - 17:2

goods [2] - 73:24,

101:15

grabbed [1] - 42:18

grabs [1] - 23:24

grade [5] - 112:23,

112:24, 112:25,

113:7, 126:3

grades [2] - 112:25,

113:3

grave [1] - 5:21

gravity [4] - 8:19,

8:23, 138:9, 145:22

great [11] - 50:4,

58:14, 69:7, 69:18,

72:21, 73:9, 94:13,

95:21, 105:2,

134:23, 156:21

greater [8] - 68:3,

105:9, 105:21,

105:25, 106:5,

106:21, 142:24,

143:2

grew [2] - 104:7, 111:6

grips [1] - 41:11

group [8] - 31:3,

35:11, 35:16, 36:4,

51:12, 51:13, 51:21,

126:12

growing [4] - 70:17,

111:14, 112:18,

114:13

guess [9] - 66:9,

88:16, 90:15, 93:1,

97:10, 113:11,

114:12, 158:11,

159:10

guessing [1] - 113:11

guidance [1] - 6:11

guide [3] - 76:1, 76:5,

138:5

guides [1] - 80:8

guilt [7] - 9:14, 11:18,

21:5, 93:3, 135:4,

139:10, 150:22

guilty [7] - 7:5, 63:20,

63:24, 101:24,

102:5, 133:16

gurney [1] - 53:22

Gustafson [1] - 15:18

guy [4] - 38:7, 76:8,

89:6, 114:13

guys [3] - 23:2, 63:18,

63:22

H

H-A-C [1] - 92:12

HAC [8] - 22:10,

23:21, 24:18, 24:20,

25:3, 43:9, 92:11,

92:12

hair [2] - 44:3, 44:4

half [3] - 50:5, 52:13,

60:3

hammer [1] - 128:2

hand [9] - 3:17, 30:15,

43:1, 81:24, 120:5,

138:25, 145:1,

146:11, 151:18

handedly [1] - 54:19

handing [1] - 151:1

handled [1] - 5:17

hands [5] - 29:12,

42:20, 57:14,

149:22, 157:23

hangs [2] - 35:19,

61:12

happy [1] - 156:16

hard [3] - 14:12,

48:10, 75:16

harm [2] - 8:24, 138:9

HARTSTONE [1] -

2:15

hastily [1] - 145:21

hatred [1] - 51:1

haunted [1] - 115:23

Hawkins [2] - 29:8,

29:9

head [19] - 17:5,

23:12, 23:23, 24:3,

41:25, 43:21, 43:23,

44:1, 44:14, 49:9,

57:18, 62:3, 103:18,

113:18, 113:19,

114:1, 114:2, 114:7,

127:10

health [2] - 86:24,

86:25

healthy [1] - 128:10

hear [31] - 3:15, 4:9,

6:14, 8:18, 10:24,

13:12, 13:17, 14:16,

19:18, 21:24, 26:17,

34:16, 34:20, 34:22,

37:24, 38:15, 40:1,

42:21, 44:14, 49:3,

49:7, 50:16, 52:3,

54:13, 69:20, 73:10,

77:24, 93:1, 117:20,

122:19, 127:2

heard [86] - 13:1,

13:14, 13:19, 15:7,

15:10, 16:11, 20:10,

21:2, 23:13, 27:15,

28:8, 29:19, 31:3,

33:21, 39:4, 39:10,

39:12, 39:13, 40:22,

43:12, 43:24, 44:10,

48:3, 63:8, 63:9,

65:6, 65:18, 69:4,

75:7, 76:2, 76:3,

76:4, 76:12, 77:17,

77:19, 85:15, 90:1,

90:20, 90:21, 93:6,

93:7, 100:6, 101:16,

104:1, 105:13,

105:16, 106:9,

108:19, 109:1,

109:4, 109:8,

109:18, 110:13,

111:19, 115:4,

115:9, 115:24,

116:13, 117:21,

118:16, 118:17,

121:22, 122:24,

127:3, 128:12,

130:7, 130:8, 135:3,

137:11, 143:24,

152:12, 152:17,

152:23, 153:3,

153:8, 153:12,

153:17, 153:22,

154:2, 154:7,

154:12, 154:18

hearing [27] - 3:6,

10:15, 11:21, 22:4,

24:15, 25:7, 26:15,

27:20, 28:7, 31:17,

32:14, 42:3, 42:16,

46:18, 47:6, 52:14,

52:15, 61:20, 79:21,

93:5, 123:14, 124:2,

147:17, 148:2,

151:14, 158:4,

159:10

hears [2] - 42:21, 43:3

heart [2] - 67:10,

104:19

Heather [65] - 7:18,

12:17, 12:18, 12:24,

13:21, 15:8, 15:9,

15:12, 15:14, 15:20,

15:24, 16:2, 16:8,


9

16:10, 16:18, 16:24,

16:25, 18:23, 19:10,

20:14, 21:25, 23:11,

29:21, 30:4, 30:7,

30:11, 33:11, 34:22,

37:8, 39:9, 39:21,

41:18, 45:15, 48:5,

55:13, 58:5, 61:14,

64:10, 64:20, 65:20,

65:23, 70:16, 85:24,

87:6, 91:14, 104:1,

109:19, 113:17,

113:18, 114:6,

114:18, 116:6,

117:15, 117:23,

120:9, 121:25,

126:8, 140:18,

143:25, 144:3

Heather's [10] - 22:7,

24:22, 25:9, 30:5,

30:21, 104:3, 116:9,

129:10, 129:12,

129:16

heaviest [1] - 84:6

heavy [5] - 52:9,

52:10, 92:9, 103:5,

103:6

heightened [7] -

10:22, 11:4, 73:15,

85:11, 85:17, 85:18,

141:12

heinous [15] - 19:25,

41:15, 52:9, 67:6,

71:6, 71:11, 83:12,

83:13, 83:20, 84:2,

84:5, 140:4, 140:11,

140:16

held [4] - 24:1, 49:9,

103:18, 112:25

help [2] - 46:8, 156:17

helping [1] - 77:4

hereby [1] - 160:5

herself [4] - 16:2,

24:6, 52:17, 110:16

Hester [1] - 152:15

HESTER [1] - 152:19

high [4] - 20:4,

103:18, 115:23,

140:7

higher [6] - 73:11,

73:15, 73:16, 113:7,

130:10, 130:12

himself [5] - 53:14,

79:3, 107:19, 119:4,

129:6

hire [1] - 73:7

history [5] - 20:16,

97:4, 97:5, 109:18,

110:5

hit [6] - 24:3, 41:24,

73:7, 113:21, 126:3,

128:2

hits [3] - 113:23,

114:6, 126:8

hold [3] - 69:6,

114:18, 125:16

holding [1] - 86:5

holes [1] - 54:23

Holmes [4] - 34:10,

87:15, 98:4, 115:19

home [10] - 15:20,

15:25, 18:14, 19:3,

19:4, 28:23, 93:4,

114:19, 126:17,

126:18

homicide [5] - 65:19,

140:15, 140:19,

141:17, 143:25

honest [1] - 135:19

honestly [2] - 40:20,

100:2

honesty [2] - 12:3,

27:10

honor [1] - 64:24

Honor [10] - 5:5, 22:6,

32:4, 32:20, 59:12,

78:16, 147:14,

157:8, 159:14,

159:15

Honorable [1] - 160:8

HONORABLE [1] -

1:13

HOOKER [1] - 2:6

hope [1] - 32:24

Horiski [1] - 1:18

HORISKI [2] - 160:4,

160:18

horrible [12] - 51:2,

52:4, 52:5, 53:5,

58:5, 58:7, 70:18,

71:15, 103:14

horrid [1] - 93:6

horrific [1] - 112:17

horror [4] - 72:5, 72:6,

72:18, 74:24

hostility [1] - 113:9

hotly [1] - 156:1

hour [1] - 52:13

hours [3] - 4:2, 131:3,

147:2

house [12] - 13:16,

15:19, 18:3, 18:18,

18:19, 30:21, 39:10,

39:21, 110:17,

111:25, 117:4, 117:6

huge [3] - 53:23,

53:25, 91:7

hugely [1] - 104:4

human [6] - 6:2, 69:8,

88:14, 94:1, 103:15,

146:1

humanity [1] - 52:24

hundreds [1] - 155:4

hung [1] - 15:13

hurt [1] - 70:9

husband [2] - 112:1,

118:5

hypothetically [2] -

97:22

I

idea [3] - 11:24, 33:6,

33:14

ideas [1] - 43:5

ill [1] - 100:11

illicit [1] - 29:2

illness [2] - 99:11,

112:10

illusion [1] - 56:2

images [1] - 128:17

imaginary [1] - 138:21

Imagine [1] - 112:7

imagine [2] - 56:17,

112:9

impact [8] - 37:12,

65:15, 65:19, 68:14,

71:3, 80:18, 103:25,

143:24

impacted [1] - 28:10

impaired [3] - 26:1,

96:7, 143:12

impeach [1] - 32:5

impeaching [1] -

31:24

impending [1] - 84:12

implicated [1] - 129:6

importance [3] - 59:9,

70:1, 127:5

important [46] - 16:12,

41:13, 60:21, 61:1,

63:6, 64:18, 64:23,

65:24, 68:20, 69:17,

75:9, 75:10, 80:8,

80:10, 82:21, 83:10,

83:22, 84:19, 85:18,

87:2, 89:16, 89:17,

94:15, 96:1, 96:22,

100:17, 100:20,

103:3, 104:3, 104:4,

104:14, 105:10,

106:7, 107:15,

118:6, 119:6, 121:8,

122:15, 127:20,

128:1, 130:6,

130:13, 131:18

importantly [2] - 96:9,

103:21

impose [6] - 25:15,

134:25, 146:9,

146:15, 151:23,

156:22

imposed [10] - 81:18,

133:21, 133:24,

134:2, 134:14,

134:19, 143:7,

143:23, 144:20,

147:9

imposition [10] - 82:5,

96:13, 96:18, 99:23,

102:20, 103:3,

134:7, 142:7,

143:15, 145:6

impossible [1] - 87:10

impregnates [1] -

111:10

impression [1] - 10:18

imprisonment [5] -

133:18, 138:6,

142:4, 146:16,

151:24

improper [1] - 78:21

impulse [1] - 60:24

impulsive [1] - 127:23

impulsivity [1] -

127:20

Impulsivity [1] -

127:20

IN [2] - 1:1, 1:2

inaccurate [1] - 47:2

inappropriate [1] -

79:2

incarcerated [1] -

126:20

incarceration [1] -

128:12

incident [1] - 114:5

include [5] - 73:20,

85:17, 86:10, 86:11,

142:16

included [2] - 17:12,

140:10

income [1] - 38:20

incomplete [1] - 26:21

inconsistent [2] -

136:7, 158:1

incorporated [1] -

83:5

incorrect [2] - 11:8,

12:13

increases [3] - 8:19,

8:23, 138:9

independence [2] -

126:9, 126:15

indicate [3] - 142:14,

142:19, 149:17

indicated [3] - 60:21,

127:11, 146:18

indicates [1] - 159:10

indication [1] - 150:10

indicative [1] - 30:2

indifference [2] - 20:5,

140:8

indifferent [1] - 120:6

indisputable [1] -

157:12

individual [15] - 46:2,

51:21, 51:22, 53:10,

65:22, 78:20, 80:12,

94:10, 104:4,

104:21, 110:10,

111:4, 133:10,

144:2, 147:4

individualized [2] -

6:16, 26:14

individually [18] -

53:9, 53:10, 60:17,

62:4, 62:11, 62:12,

67:17, 68:4, 68:6,

78:20, 80:13, 81:1,

95:16, 124:14,

126:11, 129:1,

132:23, 152:4

individuals [4] - 68:3,

88:9, 126:12, 131:7

infer [1] - 94:6

inference [1] - 136:24

inferences [1] - 87:13

inferring [2] - 158:16,

158:25

inflamed [2] - 90:5,

90:6

inflict [2] - 20:4, 140:7

influence [3] - 137:18,

138:22, 145:21

influenced [1] -

137:25

information [12] -

31:14, 32:8, 40:10,

54:21, 66:15, 66:18,

67:13, 80:21, 88:3,

98:10, 158:7, 159:11

initiating [1] - 16:15

injuries [5] - 113:19,

114:8, 114:9,

127:10, 128:3

injury [10] - 113:19,

114:1, 125:24,

125:25, 126:1,

126:2, 126:4, 126:5,

126:6, 126:8

injustice [2] - 52:8,

70:8

innocence [1] - 135:4

inside [2] - 111:25,

115:10

insight [2] - 127:8,

127:20

instance [1] - 30:17

instead [2] - 55:23,


10

55:25

instigating [1] - 16:14

instinct [1] - 65:25

instruct [4] - 9:3,

25:22, 83:1, 148:14

instructed [3] - 68:19,

71:2, 144:9

instruction [20] - 3:23,

9:25, 10:20, 10:22,

11:2, 11:3, 11:4,

11:12, 20:1, 44:24,

46:23, 65:11, 65:14,

65:18, 69:21, 83:2,

83:6, 83:17, 85:10,

85:19

instructions [25] - 8:7,

10:8, 11:13, 11:14,

19:25, 27:4, 31:5,

46:9, 62:18, 94:15,

133:7, 133:8,

133:10, 133:13,

133:14, 137:5,

137:13, 138:3,

146:22, 147:10,

147:22, 147:23,

148:21, 149:17,

151:2

insufficient [1] -

141:16

insurance [2] - 39:24,

118:25

integration [1] - 63:8

intellectual [1] -

130:19

intended [1] - 140:10

intent [8] - 73:25,

74:1, 74:3, 89:12,

89:13, 127:13,

141:6, 141:9

intention [1] - 32:4

interaction [2] - 84:24,

123:8

interactions [1] -

132:6

interest [2] - 106:10,

135:22

interested [1] - 160:15

interesting [2] - 17:9,

106:11

interfere [1] - 126:25

intermittently [1] -

113:6

Internet [1] - 3:16

interviews [1] - 98:3

introduced [4] - 9:13,

17:11, 119:20, 139:9

intrusive [1] - 128:17

investigating [1] -

30:4

involve [1] - 86:25

involved [2] - 102:25,

147:4

involvement [1] -

50:10

involving [2] - 80:18,

136:9

IQ [7] - 37:12, 101:5,

124:23, 130:2,

130:4, 130:7, 130:20

IQs [1] - 123:11

isolate [2] - 15:9,

127:7

isolating [1] - 131:14

issue [9] - 64:8, 75:12,

84:9, 85:6, 85:20,

86:8, 86:20, 118:23

issues [8] - 60:25,

86:24, 89:9, 101:4,

108:2, 115:25,

116:10, 147:3

itself [3] - 49:6,

124:20, 129:24

J

jail [13] - 13:19, 14:20,

19:21, 30:20, 38:25,

39:15, 87:25, 99:8,

109:6, 109:20,

121:10, 122:7

Jamie [8] - 16:1, 16:3,

16:8, 16:9, 61:14,

72:8, 75:8, 87:6

January [4] - 13:8,

19:14, 122:14,

122:17

jaw [1] - 111:4

Jimmy [2] - 112:2,

112:19

job [8] - 11:13, 27:3,

29:15, 29:16, 91:3,

114:18, 116:17,

122:16

join [12] - 152:11,

152:16, 152:22,

153:2, 153:7,

153:11, 153:16,

153:21, 154:1,

154:6, 154:11,

154:17

Josh [46] - 16:3, 19:3,

21:24, 24:6, 24:22,

29:11, 29:20, 30:7,

30:10, 30:20, 55:6,

56:9, 56:25, 58:23,

61:18, 61:23, 62:2,

62:5, 64:14, 69:23,

70:22, 73:23, 75:13,

75:16, 75:20, 76:7,

84:15, 87:24, 87:25,

88:12, 88:25, 90:18,

94:1, 95:17, 99:2,

103:11, 110:5,

110:15, 110:24,

116:1, 116:10,

130:3, 131:22,

132:14

Josh's [5] - 29:11,

30:23, 61:1, 61:3,

107:1

JOSHUA [1] - 1:7

Joshua [26] - 6:17,

15:18, 15:19, 16:21,

17:17, 19:16, 20:17,

33:8, 35:9, 35:15,

36:6, 37:7, 37:21,

43:6, 45:9, 48:11,

85:1, 85:23, 87:5,

146:5, 146:10,

146:12, 146:16,

151:6, 151:21,

151:24

journey [1] - 53:2

Judge [36] - 7:6, 8:21,

8:25, 10:13, 10:19,

10:25, 15:1, 22:9,

23:21, 26:19, 27:3,

28:1, 32:12, 42:2,

42:10, 42:22, 43:9,

45:17, 45:22, 46:11,

47:19, 48:6, 48:13,

49:14, 57:24, 67:20,

79:9, 79:16, 80:3,

132:25, 133:21,

157:11, 157:15,

158:18, 159:17

judge [21] - 7:21, 7:24,

8:16, 9:3, 9:23, 22:1,

24:12, 24:17, 25:14,

25:22, 27:13, 31:4,

46:15, 46:20, 47:7,

50:19, 62:1, 62:22,

83:1, 134:15, 134:16

judgment [11] - 6:1,

9:14, 9:16, 118:21,

118:23, 127:8,

127:12, 127:16,

128:5, 146:2, 159:6

judgments [2] - 120:8,

120:10

judicial [1] - 55:25

JUDICIAL [1] - 1:1

Judy [17] - 17:11,

18:13, 18:17, 29:8,

29:13, 29:18, 55:12,

64:15, 98:9, 104:14,

110:9, 111:4,

111:19, 114:23,

117:21, 120:1,

150:17

juries [1] - 155:3

Juror [1] - 54:3

juror [7] - 54:5, 54:8,

54:10, 66:15,

136:12, 154:24,

155:17

jurors [18] - 51:12,

54:2, 58:16, 69:18,

78:19, 78:21, 79:7,

79:8, 79:22, 87:12,

124:3, 145:13,

148:7, 148:9,

148:10, 148:15,

151:15, 154:24

JURORS [1] - 156:25

JURY [1] - 5:7

jury [114] - 3:4, 3:6,

5:14, 9:24, 10:16,

11:1, 11:2, 11:21,

22:5, 24:16, 24:18,

25:2, 25:7, 26:20,

27:21, 28:2, 28:7,

31:18, 31:19, 31:25,

32:11, 32:14, 32:18,

42:4, 42:11, 42:16,

42:24, 46:19, 47:2,

47:6, 48:20, 49:3,

49:7, 49:13, 49:17,

49:19, 49:21, 49:22,

50:5, 50:19, 51:16,

54:21, 55:3, 59:16,

62:18, 65:10, 65:14,

65:18, 66:1, 70:15,

75:12, 78:13, 79:19,

79:21, 85:10, 85:19,

86:13, 90:25, 92:24,

94:15, 100:18,

109:9, 123:15,

123:20, 123:24,

124:2, 133:15,

133:23, 134:21,

134:22, 138:5,

145:18, 145:19,

146:4, 146:7,

146:12, 146:14,

146:25, 147:4,

147:18, 147:22,

148:2, 148:20,

150:11, 150:16,

150:25, 151:2,

151:9, 151:10,

151:14, 151:16,

151:22, 152:3,

152:11, 152:16,

152:21, 153:1,

153:7, 153:11,

153:16, 153:21,

154:1, 154:6,

154:11, 154:17,

154:21, 155:1,

156:3, 156:12,

157:4, 157:5, 157:24

jury's [3] - 155:5,

155:8, 158:4

justice [4] - 120:16,

132:16, 132:21,

137:7

justification [3] -

140:22, 141:15

justify [3] - 134:7,

142:3, 142:7

K

Kathleen [1] - 2:21

KATRENIA [2] - 160:4,

160:18

Katrenia [1] - 1:18

keep [8] - 17:6, 51:6,

52:3, 56:19, 104:18,

112:13, 118:5

Kenneth [1] - 110:11

kicked [1] - 59:4

kid [1] - 74:19

kidnapping [12] - 7:5,

9:7, 9:18, 41:2, 64:4,

71:8, 89:22, 89:23,

91:11, 92:13, 140:2,

158:6

kids [5] - 13:25, 15:15,

29:23, 30:8, 120:19

kill [21] - 10:9, 12:18,

23:18, 61:10, 61:11,

61:15, 61:22, 61:23,

62:2, 62:5, 70:22,

84:16, 85:24, 88:24,

88:25, 121:13,

122:22, 122:24,

141:2, 141:6, 141:9

killed [5] - 14:4, 19:2,

21:7, 45:15, 122:18

killing [13] - 12:23,

37:7, 51:19, 84:23,

97:10, 122:7, 122:8,

124:20, 141:1,

141:4, 141:7, 141:10

kills [2] - 22:14, 53:14

kind [35] - 8:3, 14:12,

49:10, 60:24, 61:4,

63:6, 63:13, 64:8,

65:4, 73:21, 76:22,

79:10, 82:8, 84:20,

99:24, 105:18,

106:12, 108:3,

110:13, 110:18,

110:22, 111:6,

112:9, 119:22,

127:7, 132:2, 132:5,

140:10, 148:5,

150:3, 150:17,


11

156:4, 158:16, 159:1

kinds [4] - 5:17, 56:5,

60:4, 159:5

King [3] - 4:5, 32:19,

95:14

KING [55] - 2:2, 5:5,

5:8, 7:8, 8:23, 9:2,

10:24, 11:9, 11:22,

12:15, 13:7, 14:19,

14:22, 15:4, 20:21,

20:25, 21:24, 22:13,

22:24, 23:8, 23:18,

23:23, 25:8, 26:23,

27:1, 28:3, 28:8,

32:4, 32:20, 33:25,

34:8, 34:20, 35:3,

35:23, 36:14, 36:18,

36:22, 40:13, 41:7,

42:17, 43:1, 43:12,

45:20, 45:25, 47:7,

47:22, 48:8, 59:12,

78:16, 150:7,

150:24, 157:7,

158:3, 159:3, 159:15

king [16] - 5:4, 42:23,

46:20, 48:23, 48:24,

50:22, 53:6, 55:18,

64:19, 69:9, 71:10,

85:15, 95:6, 97:6,

99:24, 158:25

King's [2] - 83:13,

122:22

king's [2] - 76:14,

158:15

kissing [1] - 39:14

knife [2] - 24:1, 61:13

knock [1] - 149:2

knocked [1] - 111:5

knowing [3] - 38:21,

51:18, 51:20

known [2] - 98:6,

101:18

knows [2] - 93:5,

111:13

L

lack [6] - 31:13, 32:8,

127:19, 128:9,

129:4, 139:14

ladies [7] - 3:7, 5:6,

78:8, 133:15, 150:8,

152:3, 154:21

Ladies [1] - 3:18

lady [1] - 34:10

Lambert [4] - 57:24,

132:25, 156:9, 160:8

LAMBERT [1] - 1:13

Lambert's [1] - 27:3

language [5] - 62:17,

71:13, 82:13, 83:6,

85:13

Larry [5] - 110:20,

110:21, 111:3,

111:12, 113:20

last [7] - 5:22, 129:7,

148:6, 148:7,

148:19, 148:25,

156:12

Lastly [1] - 154:15

late [1] - 51:23

laughing [3] - 52:20,

52:21, 52:22

law [69] - 3:23, 6:5,

6:13, 6:18, 7:10, 8:1,

8:7, 8:8, 25:25,

26:21, 27:2, 27:6,

27:13, 44:24, 46:1,

46:7, 47:1, 47:3,

52:7, 54:4, 54:9,

54:18, 62:15, 62:16,

62:17, 65:13, 66:16,

71:15, 80:7, 80:11,

80:13, 81:10, 83:12,

90:11, 92:6, 92:19,

94:2, 96:6, 97:11,

97:19, 99:6, 99:16,

99:19, 103:16,

103:19, 103:20,

104:19, 104:24,

124:17, 133:22,

134:4, 134:17,

136:15, 137:4,

137:6, 137:8, 138:2,

141:4, 143:11,

144:12, 145:11,

155:7, 156:23,

157:12, 157:13

lawful [1] - 137:3

lawn [1] - 130:19

lawyer [6] - 39:19,

52:4, 54:3, 88:17,

137:19, 137:22

lawyers [1] - 137:16

lay [1] - 29:7

leading [5] - 101:2,

101:13, 101:14,

124:19, 130:25

leads [1] - 120:11

leaning [1] - 42:20

learn [1] - 129:3

learning [1] - 129:8

least [20] - 16:21,

71:24, 81:12, 100:8,

109:22, 131:23,

138:16, 144:14,

152:11, 152:16,

152:21, 153:1,

153:6, 153:11,

153:16, 153:21,

154:1, 154:6,

154:11, 154:16

leave [9] - 23:25,

43:16, 57:9, 64:21,

116:8, 116:16,

117:18, 123:9

leaves [3] - 116:4,

116:20, 118:13

leaving [1] - 116:22

led [2] - 73:2, 127:14

left [8] - 16:2, 49:4,

51:14, 93:9, 113:19,

116:3, 117:4, 117:6

legal [2] - 137:9,

140:22

legally [2] - 11:6,

128:25

legislator [1] - 93:19

legislators [2] - 70:12,

94:14

legislature [6] - 67:3,

69:15, 91:12, 94:9,

96:11, 105:11

legs [1] - 43:24

LENAMON [80] - 2:15,

7:6, 8:21, 8:25,

10:13, 10:17, 10:25,

12:12, 13:5, 14:17,

14:25, 20:18, 20:22,

21:8, 21:12, 21:16,

21:20, 22:1, 22:6,

22:16, 22:20, 23:15,

23:21, 24:12, 24:17,

26:19, 27:17, 27:22,

31:16, 31:19, 32:11,

33:22, 34:5, 34:17,

34:25, 35:20, 36:11,

36:15, 36:20, 40:11,

41:4, 42:1, 42:7,

42:22, 43:8, 45:16,

45:22, 46:11, 46:15,

46:20, 47:18, 48:6,

48:13, 48:16, 48:18,

49:14, 50:2, 59:15,

63:3, 67:22, 78:3,

78:7, 79:5, 79:9,

79:11, 80:3, 109:1,

123:13, 123:18,

124:6, 147:14,

147:20, 157:11,

157:19, 158:10,

158:13, 158:18,

158:21, 159:14,

159:16

Lenamon [9] - 4:6,

37:3, 45:6, 49:23,

78:18, 79:23, 79:24,

150:20, 159:12

Lenamon's [4] -

49:16, 78:10,

123:25, 124:4

length [1] - 37:25

lengths [1] - 94:13

Leslie [3] - 29:8, 29:9,

34:11

less [4] - 73:1, 92:17,

108:15, 135:12

lesser [1] - 105:21

letter [1] - 29:20

letters [1] - 129:11

letting [1] - 113:25

level [10] - 56:12, 58:6,

62:8, 73:11, 73:15,

73:16, 85:25, 99:13,

115:23, 141:12

levels [2] - 83:11,

128:9

liberty [2] - 155:9,

155:11

license [2] - 5:12,

39:23

lie [3] - 106:12,

107:22, 107:23

lied [9] - 16:17, 38:1,

38:2, 52:19, 106:13,

107:14, 107:18

lies [1] - 19:9

life [94] - 6:18, 7:20,

26:5, 26:11, 26:17,

26:18, 27:25, 28:9,

28:14, 33:16, 34:3,

34:14, 37:13, 43:20,

44:19, 44:20, 45:9,

45:11, 46:22, 47:24,

50:17, 53:8, 55:13,

56:18, 64:25, 65:1,

65:2, 65:7, 66:6,

66:14, 67:25, 68:7,

68:9, 68:10, 68:22,

69:15, 69:16, 69:24,

70:14, 75:16, 77:11,

81:19, 82:5, 88:23,

89:17, 90:25, 94:11,

96:17, 96:21, 96:23,

97:4, 97:5, 97:17,

97:21, 99:21, 104:3,

107:1, 109:22,

109:25, 110:1,

111:14, 114:14,

119:9, 129:18,

129:22, 129:23,

131:8, 131:10,

131:11, 131:21,

131:22, 132:12,

132:22, 132:25,

133:18, 134:19,

138:6, 142:4,

142:13, 142:17,

143:14, 144:21,

145:7, 145:20,

146:1, 146:15,

151:23, 157:14

lifetime [1] - 101:11

light [1] - 41:23

lighter [1] - 41:23

lights [1] - 41:22

likelihood [1] - 98:25

likely [4] - 106:1,

106:3, 115:20,

142:25

limine [3] - 46:25,

49:17, 78:17

limited [2] - 139:23,

142:11

line [4] - 22:2, 22:10,

22:11, 56:17

lines [1] - 104:11

lining [1] - 115:16

list [6] - 27:23, 28:11,

40:2, 106:15, 107:6,

107:7

listen [19] - 3:24, 14:3,

38:5, 51:6, 52:6,

54:14, 60:17, 69:16,

85:13, 88:6, 103:19,

108:23, 121:21,

122:16, 123:24,

127:22, 149:10,

149:14

listened [2] - 101:17,

101:18

listening [3] - 4:18,

31:1, 53:5

literally [1] - 44:19

litigated [1] - 147:21

live [2] - 19:15, 23:19

lived [1] - 34:23

lives [5] - 25:10,

38:17, 56:24, 95:20,

132:20

living [4] - 59:18,

77:14, 116:18, 132:4

lobe [5] - 60:23,

114:10, 127:3,

127:4, 127:25

LOCATION [1] - 1:16

logic [1] - 52:25

look [50] - 6:17, 8:11,

14:7, 17:13, 17:25,

18:8, 19:6, 21:6,

24:9, 25:20, 26:7,

26:9, 26:14, 26:24,

27:14, 29:13, 34:9,

40:13, 40:16, 41:14,

41:19, 41:21, 47:15,

47:23, 58:16, 71:18,

72:11, 72:19, 74:8,

76:12, 76:18, 83:11,

84:3, 85:7, 85:19,

86:12, 86:15, 92:3,


12

92:5, 95:23, 100:3,

103:22, 106:7,

106:18, 107:16,

127:16, 131:25,

139:11, 151:18

looked [2] - 71:22,

111:5

looking [21] - 10:10,

16:8, 18:15, 19:3,

20:16, 20:25, 28:18,

30:4, 30:15, 71:21,

72:7, 74:6, 75:16,

85:21, 89:1, 89:24,

91:24, 92:15, 96:24,

112:12, 130:23

lose [3] - 57:13,

101:22, 148:8

losing [1] - 60:4

loss [6] - 65:22, 70:5,

70:15, 104:22, 144:2

love [5] - 77:4, 77:8,

116:15, 128:23

loved [1] - 104:8

loves [1] - 118:17

loving [4] - 55:10,

108:4, 108:5, 108:9

low [2] - 101:5, 130:15

lower [4] - 11:7, 11:15,

130:10, 130:12

loyal [1] - 119:3

lunch [6] - 57:9,

62:23, 78:4, 78:9,

78:11, 79:23

lying [2] - 107:24,

107:25

M

Mackenzie [6] - 14:5,

14:9, 118:18, 120:1,

120:6, 132:18

mad [1] - 40:5

Madam [1] - 152:2

Magnolia [1] - 2:12

Maher [19] - 33:2,

33:7, 56:7, 58:11,

61:4, 87:2, 87:16,

90:17, 97:24, 100:7,

100:22, 101:10,

109:2, 111:2, 112:9,

115:10, 115:17,

128:19, 128:23

Maher's [2] - 86:1,

124:21

main [3] - 24:24, 81:6,

82:8

maintain [1] - 129:9

maintains [1] - 131:18

majority [2] - 146:4,

146:7

makeup [1] - 147:4

malnourished [1] -

125:14

man [11] - 38:12,

38:13, 39:1, 53:12,

69:1, 73:7, 75:21,

95:17, 120:11,

121:4, 132:21

man's [6] - 54:15,

61:8, 77:11, 88:23,

90:25

manager [1] - 15:11

manipulate [1] - 17:5

manipulation [2] -

56:5, 125:20

manipulator [1] -

76:16

manner [3] - 21:25,

140:17, 140:21

map [2] - 73:8, 80:24

MARION [2] - 1:2,

160:3

Marion [3] - 1:16,

5:12, 119:14

markings [1] - 150:23

marriage [1] - 122:6

married [7] - 12:24,

77:20, 77:21,

110:17, 120:15,

120:16, 120:18

marrying [3] - 110:20,

121:9

material [1] - 89:9

maternal [1] - 126:20

matter [15] - 57:3,

57:4, 57:5, 57:6,

64:21, 65:5, 74:23,

97:11, 97:19,

108:20, 118:5,

137:9, 147:13,

157:13

McCollum [5] - 12:19,

118:3, 118:13,

118:15, 120:2

McIntosh [1] - 59:19

McWilliams [1] -

152:10

MCWILLIAMS [1] -

152:14

mean [10] - 9:13,

41:17, 73:4, 87:9,

96:10, 101:17,

104:10, 121:24,

122:8, 158:15

means [22] - 6:17,

9:25, 10:1, 11:10,

11:11, 11:25, 20:3,

20:4, 68:3, 68:20,

80:12, 105:25,

130:9, 140:4, 140:6,

140:22, 140:24,

142:24, 155:18

meant [1] - 79:3

mechanical [1] -

145:11

media [1] - 155:15

medical [2] - 97:24,

100:9

medicated [1] -

128:12

medication [1] - 101:5

medicine [4] - 100:9,

128:13, 128:14

medicines [1] -

100:11

meet [1] - 114:20

meeting [1] - 114:18

meets [2] - 113:17,

113:18

MELISSA [1] - 2:16

members [3] - 52:1,

99:8, 99:10

memories [2] -

115:23, 128:18

memory [1] - 135:19

mental [6] - 86:24,

86:25, 99:11,

129:12, 129:16,

130:16

mentally [2] - 100:11,

130:17

mention [1] - 73:14

mentioned [2] - 98:22,

106:13

mercy [7] - 47:17,

47:23, 67:9, 93:20,

93:24, 93:25

mere [1] - 138:20

messed [1] - 88:12

met [1] - 16:22

meth [5] - 36:2, 36:7,

101:12, 114:16,

115:16

methamphetamine [3]

- 35:25, 36:1, 126:24

Miami [1] - 2:18

Michelle [1] - 15:18

might [7] - 4:22,

15:14, 15:15, 23:18,

129:18, 142:13,

155:14

mind [27] - 20:14,

21:6, 25:9, 33:18,

51:6, 51:9, 52:3,

60:14, 63:21, 76:14,

84:21, 84:25, 89:4,

89:11, 93:10, 93:23,

96:25, 97:1, 100:3,

100:20, 102:14,

116:24, 118:7,

118:23, 118:24,

141:3

mine [1] - 13:3

minimalize [1] - 115:9

minute [1] - 13:17

minutes [18] - 32:16,

44:7, 44:11, 48:14,

48:18, 48:19, 57:11,

57:15, 57:17, 57:19,

68:24, 84:10, 84:11,

98:13, 123:17,

123:20, 147:1

miscarriage [1] -

137:6

mischaracterization

[1] - 13:5

misread [1] - 147:19

misrepresenting [1] -

11:5

Miss [1] - 54:2

missing [2] - 4:20,

16:9

Mississippi [17] -

16:18, 17:1, 57:1,

64:14, 74:18, 75:4,

77:16, 111:18,

114:13, 115:5,

116:3, 116:4,

116:19, 116:25,

117:3, 117:12,

129:17

mistake [3] - 69:5,

69:6, 109:21

mistaken [2] - 61:23,

75:19

mistakenly [1] - 87:3

mistakes [1] - 69:3

mistrial [4] - 25:1,

32:2, 47:3, 49:16

mitigate [9] - 71:25,

92:2, 96:13, 96:18,

99:22, 102:20,

103:3, 103:4, 143:15

mitigating [67] -

27:24, 28:12, 28:14,

45:5, 47:11, 68:18,

71:1, 71:23, 76:6,

77:22, 77:23, 77:25,

80:15, 81:11, 81:14,

81:16, 82:1, 82:3,

82:18, 82:19, 92:4,

93:23, 94:24, 94:25,

95:3, 95:7, 95:25,

96:1, 96:2, 96:3,

103:23, 103:24,

105:1, 105:6, 105:7,

105:23, 105:24,

107:11, 108:5,

108:6, 108:12,

108:17, 128:24,

128:25, 129:24,

130:24, 131:13,

131:25, 134:8,

134:11, 135:2,

142:9, 142:11,

142:15, 142:21,

142:23, 143:1,

143:3, 143:8,

143:19, 144:8,

144:13, 144:16,

144:18, 145:3,

145:4, 145:10

Mitigation [1] - 2:22

mitigation [30] -

25:19, 25:20, 25:22,

40:15, 40:18, 48:2,

66:3, 66:4, 66:18,

86:12, 86:16, 97:3,

98:15, 99:17, 99:18,

106:2, 106:8,

106:17, 106:19,

106:20, 107:3,

109:24, 120:20,

122:10, 124:10,

124:12, 124:13,

128:9, 131:12

mitigator [1] - 26:2

mitigators [1] - 92:6

Mizel [1] - 152:20

MIZEL [1] - 152:24

mom [7] - 38:23,

39:17, 113:1,

113:22, 113:25,

114:4, 116:5

Mom [1] - 39:19

mom's [2] - 18:21,

64:25

moment [11] - 50:22,

51:4, 57:21, 58:18,

59:2, 71:12, 71:20,

72:10, 101:13,

103:4, 103:5

momentary [1] - 73:5

moments [4] - 53:6,

87:23, 101:13,

134:13

money [5] - 39:19,

61:14, 73:8, 119:1,

135:25

months [1] - 125:24

moral [3] - 131:18,

140:21, 141:14

morality [1] - 68:21

morning [5] - 3:8,

3:10, 5:6, 5:7, 49:17

most [19] - 5:21, 5:25,

47:16, 51:15, 56:24,

60:20, 68:22, 69:17,

71:10, 72:23, 88:18,

89:16, 89:17, 100:8,


13

100:14, 100:19,

105:3, 111:13, 119:6

mother [38] - 13:1,

13:11, 14:8, 16:17,

29:25, 55:10, 58:2,

59:1, 59:3, 59:4,

59:6, 65:6, 67:8,

70:6, 77:13, 90:11,

99:9, 103:12, 104:2,

104:7, 104:8, 106:9,

106:10, 108:23,

111:11, 111:16,

112:1, 112:20,

114:20, 120:22,

125:6, 125:8,

125:13, 126:10,

126:15, 129:8,

129:12

mother's [4] - 55:13,

58:24, 128:5, 129:15

mother-in-law [1] -

90:11

motion [47] - 14:17,

20:18, 20:19, 20:23,

21:8, 21:9, 21:12,

21:16, 21:17, 21:20,

21:21, 22:21, 25:4,

32:2, 32:10, 33:23,

34:5, 34:6, 34:17,

34:18, 34:25, 35:1,

35:20, 35:21, 36:11,

36:12, 36:15, 36:16,

40:11, 40:12, 41:5,

43:9, 43:10, 45:16,

45:18, 45:22, 45:23,

46:13, 46:25, 47:4,

47:19, 47:20, 48:6,

48:7, 49:16, 49:17,

79:1

Motion [6] - 20:22,

22:20, 23:15, 23:16,

33:22, 46:12

motion's [1] - 21:13

motions [3] - 36:20,

42:12, 147:21

motive [1] - 118:4

move [8] - 14:19, 25:1,

47:3, 56:23, 78:17,

116:17, 117:18,

132:20

moved [1] - 24:25

moves [2] - 114:19,

114:20

moving [5] - 19:22,

43:14, 56:19, 56:20,

75:2

MR [136] - 5:5, 5:8,

7:6, 7:8, 8:21, 8:23,

8:25, 9:2, 10:13,

10:17, 10:24, 10:25,

11:9, 11:22, 12:12,

12:15, 13:5, 13:7,

14:17, 14:19, 14:22,

14:25, 15:4, 20:18,

20:21, 20:22, 20:25,

21:8, 21:12, 21:16,

21:20, 21:24, 22:1,

22:6, 22:13, 22:16,

22:20, 22:24, 23:8,

23:15, 23:18, 23:21,

23:23, 24:12, 24:17,

25:8, 26:19, 26:23,

27:1, 27:17, 27:22,

28:3, 28:8, 31:16,

31:19, 32:4, 32:11,

32:20, 33:22, 33:25,

34:5, 34:8, 34:17,

34:20, 34:25, 35:3,

35:20, 35:23, 36:11,

36:14, 36:15, 36:18,

36:20, 36:22, 40:11,

40:13, 41:4, 41:7,

42:1, 42:7, 42:17,

42:22, 43:1, 43:8,

43:12, 45:16, 45:20,

45:22, 45:25, 46:11,

46:15, 46:20, 47:7,

47:18, 47:22, 48:6,

48:8, 48:13, 48:16,

48:18, 49:14, 50:2,

59:12, 59:15, 63:3,

67:22, 78:3, 78:7,

78:16, 79:5, 79:9,

79:11, 80:3, 109:1,

123:13, 123:18,

124:6, 147:14,

147:20, 150:7,

150:24, 153:4,

153:14, 153:19,

157:7, 157:11,

157:19, 158:3,

158:10, 158:13,

158:18, 158:21,

159:3, 159:14,

159:15, 159:16

MS [10] - 79:16,

152:14, 152:19,

152:24, 153:9,

153:24, 154:4,

154:9, 154:14,

154:19

multi [1] - 125:3

multi-generational [1]

- 125:3

multiple [2] - 22:1,

119:5

murder [28] - 7:5,

8:20, 9:18, 10:1,

10:6, 11:3, 12:2,

12:4, 12:5, 12:7,

23:1, 40:23, 63:21,

63:24, 64:2, 64:3,

64:5, 89:21, 89:22,

91:10, 93:4, 132:8,

133:16, 134:3,

140:22, 140:25,

141:19

murdered [1] - 13:22

murderer [2] - 95:18,

95:19

must [29] - 68:17,

70:25, 81:8, 82:4,

90:7, 90:8, 94:18,

94:23, 134:4,

134:23, 136:24,

137:2, 137:4,

137:10, 137:14,

138:2, 138:11,

138:15, 138:22,

139:7, 140:17,

141:3, 141:5, 141:7,

141:9, 141:20,

144:6, 144:11, 145:6

muster [1] - 51:15

N

name [4] - 5:11, 59:19,

68:10, 110:11

names [1] - 17:19

natural [5] - 53:19,

65:25, 70:11, 131:24

nature [7] - 37:24,

38:13, 103:15,

125:21, 127:23,

134:22, 141:18

nearly [1] - 43:25

necessarily [1] - 27:9

necessary [4] -

133:11, 145:17,

152:6, 158:7

neck [1] - 43:23

need [31] - 4:3, 29:15,

38:5, 40:7, 62:10,

64:23, 64:24, 71:18,

71:19, 72:11, 72:19,

74:5, 74:13, 85:19,

105:7, 105:24,

113:4, 142:21,

142:23, 149:13,

149:14, 149:15,

149:18, 149:19,

149:22, 150:4,

157:10, 158:14,

158:18, 159:2, 159:3

needed [4] - 3:11,

16:6, 113:2

needle [1] - 53:22

needs [2] - 42:10,

105:9

negatives [7] - 26:4,

27:23, 28:1, 28:10,

33:15, 37:1, 37:2

neighbors [2] - 13:16,

19:15

nerve [1] - 57:2

neurological [1] -

126:23

neuropsychological

[1] - 114:11

neuropsychologist

[2] - 35:6, 98:6

never [21] - 29:21,

29:23, 34:15, 36:14,

46:23, 47:8, 67:1,

67:15, 90:15, 90:16,

94:17, 94:19, 95:10,

97:23, 113:1,

113:16, 128:11,

129:3, 132:14,

132:17, 132:18

nevertheless [1] -

141:17

New [1] - 2:16

new [1] - 12:21

newspaper [1] -

155:19

next [10] - 9:21, 14:23,

19:23, 22:2, 52:12,

92:3, 93:17, 125:11,

156:8, 157:6

nexus [1] - 59:10

nice [1] - 39:9

night [5] - 17:24, 18:7,

30:12, 51:23

Nine [1] - 136:8

nine [4] - 13:19, 68:5,

112:20, 119:12

NO [1] - 1:3

nobody [4] - 30:13,

88:20, 116:21, 158:3

normal [4] - 60:20,

90:22, 117:17, 130:3

North [2] - 2:12, 2:17

Northwest [3] - 1:17,

2:3, 2:7

Notary [1] - 160:5

notation [1] - 43:8

note [4] - 16:12, 42:8,

156:10, 156:11

noted [2] - 42:23,

49:18

notes [1] - 51:24

nothing [4] - 17:23,

88:20, 99:6, 106:16

notice [1] - 4:19

noting [1] - 31:19

Nova [1] - 98:7

November [1] - 120:1

number [10] - 17:18,

17:19, 17:22, 68:2,

68:8, 95:9, 107:10,

108:1, 139:24

Number [1] - 83:23

numerous [1] - 156:20

nurse [1] - 91:5

O

O'Shea [1] - 2:21

oath [4] - 16:21,

30:11, 30:18, 46:6

Oauou [8] - 35:6,

37:16, 60:17, 69:4,

87:15, 98:5, 127:4,

127:10

object [5] - 12:12,

25:1, 59:12, 85:15,

147:22

objected [2] - 22:9,

122:15

objecting [1] - 85:17

objection [74] - 7:6,

8:21, 8:25, 11:19,

12:14, 13:5, 14:17,

14:23, 14:25, 15:2,

20:18, 20:19, 20:22,

20:23, 21:8, 21:9,

21:12, 21:16, 21:17,

21:20, 21:21, 22:9,

22:11, 22:17, 22:20,

22:21, 23:15, 23:16,

23:21, 24:12, 24:17,

24:25, 25:4, 26:19,

26:25, 27:17, 27:22,

28:5, 31:16, 32:2,

32:9, 33:22, 33:23,

34:5, 34:6, 34:17,

34:18, 35:1, 35:20,

35:21, 36:11, 36:12,

36:15, 36:16, 36:20,

40:11, 41:4, 41:5,

42:1, 42:14, 42:22,

43:8, 43:10, 45:16,

45:18, 45:22, 45:23,

46:11, 46:13, 47:18,

47:20, 49:16, 68:24,

95:6

Objection [1] - 34:25

objection's [1] - 21:13

objections [3] - 22:2,

42:12, 147:25

objective [1] - 33:11

objectively [1] - 41:19

obligated [1] - 54:17

obligation [2] - 25:16,

27:4

obvious [1] - 9:8

obviously [3] - 80:17,

80:18, 107:25


14

Ocala [4] - 1:17, 2:4,

2:8, 2:13

occur [1] - 9:18

occurred [12] - 29:11,

44:9, 45:9, 83:15,

84:22, 92:1, 107:2,

128:4, 128:6,

140:18, 155:1

occurring [1] - 114:9

occurs [2] - 6:14,

141:1

OF [4] - 1:1, 1:5,

160:2, 160:3

offense [10] - 26:12,

96:18, 99:22,

101:14, 102:19,

141:21, 141:25,

142:18, 143:15

offer [1] - 97:16

offered [1] - 135:25

office [2] - 98:3, 159:9

offset [1] - 66:21

old [5] - 19:16, 60:7,

103:2, 112:7, 114:5

omitted [1] - 35:13

once [9] - 31:5, 44:13,

90:7, 93:16, 117:12,

148:22, 159:10

One [1] - 137:4

one [80] - 5:11, 5:18,

5:25, 6:24, 9:4, 9:5,

12:25, 14:16, 14:23,

16:13, 18:4, 18:5,

18:6, 23:18, 24:20,

24:24, 25:23, 30:13,

35:9, 35:11, 35:17,

37:16, 39:18, 46:5,

51:23, 54:10, 56:20,

60:13, 60:23, 64:3,

65:19, 66:21, 66:24,

67:18, 67:24, 69:12,

71:16, 72:6, 72:24,

73:9, 76:17, 77:23,

81:12, 82:8, 83:23,

87:1, 88:21, 93:20,

93:23, 95:13, 96:3,

96:19, 100:15,

107:10, 108:1,

108:10, 110:25,

112:10, 116:1,

128:1, 129:7, 130:1,

135:15, 136:15,

138:16, 139:4,

139:25, 140:11,

141:21, 142:1,

142:4, 143:9,

143:17, 143:19,

144:14, 148:21

ones [3] - 5:10, 8:16,

126:13

open [4] - 51:6, 51:9,

51:24, 52:3

openly [1] - 50:19

opinion [10] - 31:14,

31:15, 32:7, 35:4,

36:19, 36:23, 99:4,

136:16, 136:17

opinions [1] - 28:9

opportunity [4] -

70:15, 129:3, 131:4,

135:16

opposed [3] - 75:23,

79:8, 109:12

orchestrated [1] -

19:7

order [7] - 9:5, 32:23,

136:1, 137:2,

138:14, 141:11,

155:1

orders [1] - 121:1

ordinary [1] - 29:24

originally [1] - 132:8

originate [1] - 59:24

originated [1] - 132:7

ORTIZ [1] - 2:16

Ortiz [1] - 54:2

Otero [1] - 153:10

OTERO [1] - 153:14

otherwise [2] -

115:17, 141:18

ought [2] - 30:25,

78:23

outlining [1] - 24:19

outrageously [2] -

20:3, 140:6

outset [1] - 7:2

outside [1] - 3:11

outweigh [10] - 45:4,

47:11, 81:14, 82:1,

95:1, 95:4, 134:9,

142:9, 144:16, 145:3

outweighs [1] - 97:3

overgrown [1] - 19:11

override [1] - 158:4

overruled [38] - 7:7,

8:22, 9:1, 11:19,

12:14, 13:6, 15:2,

20:19, 20:23, 21:9,

21:13, 21:17, 21:21,

22:18, 22:21, 23:16,

23:22, 25:4, 26:25,

28:5, 32:10, 33:23,

34:6, 34:18, 35:1,

35:21, 36:12, 36:16,

36:21, 40:12, 41:5,

42:14, 43:10, 45:18,

45:23, 46:13, 47:20,

147:25

overview [1] - 8:3

overwhelming [1] -

156:5

own [15] - 5:10, 9:16,

34:8, 54:19, 55:2,

60:5, 66:14, 94:11,

99:14, 111:11,

112:4, 112:16,

125:17, 133:10,

136:11

P

p.m [2] - 150:12,

159:19

PA [1] - 2:11

package [1] - 82:10

Padgett [2] - 112:2,

112:19

pads [2] - 78:12,

150:15

page [1] - 11:11

pages [1] - 160:9

paid [4] - 38:18, 38:19,

39:24

pain [4] - 20:5, 58:8,

58:10, 140:7

painful [1] - 157:20

painstakingly [1] -

62:4

pales [1] - 148:5

panel [1] - 148:11

panic [1] - 24:10

paper [1] - 3:14

paperwork [2] - 159:2,

159:4

paranoia [1] - 128:11

parent [4] - 56:20,

56:21, 56:22, 108:3

park [1] - 75:4

parole [13] - 81:20,

82:6, 129:19, 133:1,

133:2, 133:19,

134:20, 138:7,

142:5, 144:22,

145:8, 146:17,

151:25

part [50] - 4:5, 5:3, 5:9,

6:15, 6:20, 8:10,

12:20, 13:22, 33:2,

35:17, 35:24, 37:10,

39:10, 41:10, 46:8,

49:18, 51:12, 51:16,

61:15, 63:5, 63:10,

63:14, 64:23, 64:25,

73:12, 74:11, 76:4,

78:6, 81:6, 82:8,

82:22, 83:3, 85:11,

85:18, 86:23, 87:11,

88:8, 98:15, 100:12,

101:20, 102:18,

116:9, 119:17,

119:19, 127:6,

136:13, 136:20,

159:5

partial [1] - 56:2

participate [2] -

125:18, 156:15

participated [2] - 23:1,

51:3

particular [11] - 7:23,

9:5, 71:25, 80:20,

83:10, 83:17, 87:1,

98:18, 117:7, 131:9,

145:16

parties [4] - 8:5,

149:4, 151:8, 160:12

parties' [1] - 160:13

pass [4] - 51:15,

68:11, 141:5, 156:7

past [3] - 23:13, 131:2,

131:3

patience [1] - 3:10

Paul [1] - 151:1

pay [2] - 109:22,

133:15

paycheck [1] - 38:17

paying [2] - 38:17,

73:7

peace [1] - 120:17

penalty [24] - 3:20,

6:15, 8:1, 21:3,

64:12, 80:1, 96:14,

96:19, 99:23,

102:21, 103:4,

109:13, 134:8,

134:20, 134:21,

138:15, 142:3,

142:8, 142:14,

142:19, 143:16,

146:9, 147:9

pending [1] - 150:10

penny [1] - 108:15

people [20] - 17:5,

35:10, 38:6, 38:9,

38:10, 51:15, 55:3,

56:11, 56:12, 59:21,

61:10, 61:21, 66:8,

74:12, 90:22,

100:11, 107:21,

111:22, 115:19,

121:5

per [2] - 69:22, 80:24

perceive [2] - 38:11,

38:13

perceived [1] - 38:6

percent [3] - 35:10,

106:5, 106:6

percentile [1] - 130:4

perfect [1] - 45:9

period [11] - 13:8,

18:9, 19:1, 24:23,

50:13, 87:20, 99:21,

128:4, 141:5, 141:7,

141:13

permissible [1] -

150:15

permits [1] - 136:15

person [19] - 18:15,

24:1, 33:4, 52:2,

54:12, 66:10, 66:12,

87:19, 87:21, 88:1,

95:19, 107:23,

111:13, 115:2,

116:15, 129:21,

130:19, 136:19,

152:7

person's [1] - 54:9

personal [3] - 50:17,

66:6, 94:11

personality [3] -

88:14, 101:7, 128:22

personality-wise [1] -

88:14

personally [1] - 152:6

perspective [1] -

90:22

Pete [4] - 149:2,

150:9, 151:18, 157:2

Petro [1] - 15:11

phase [11] - 3:20,

11:18, 21:3, 63:8,

64:12, 80:2, 119:24,

133:5, 133:8,

139:10, 150:22

phone [40] - 14:25,

15:13, 16:11, 17:12,

17:18, 17:19, 17:22,

17:24, 18:2, 18:3,

18:10, 18:14, 18:15,

18:16, 18:21, 19:3,

19:13, 22:8, 22:13,

32:5, 34:20, 56:2,

76:13, 76:14, 77:19,

87:25, 90:20,

102:10, 108:19,

108:20, 108:21,

116:14, 122:16,

122:18, 122:20,

122:23, 127:22,

127:23

photographs [1] -

104:1

physical [6] - 28:24,

44:3, 99:7, 119:12,

122:11, 125:13

physically [2] - 125:9,

125:10

pick [2] - 28:13, 28:17

picked [1] - 58:16

picture [2] - 16:10,

34:3


15

pictures [2] - 65:4,

65:5

piece [5] - 14:11,

14:12, 77:9, 108:10

pieces [4] - 61:2, 87:9,

87:19, 88:19

pinned [3] - 37:6,

37:9, 38:1

pitiless [2] - 20:12,

140:13

pizzas [1] - 150:1

place [20] - 3:5, 11:20,

13:20, 18:25, 19:11,

23:10, 25:6, 28:6,

32:13, 42:15, 44:1,

47:5, 53:11, 58:22,

79:20, 105:12,

124:1, 148:1, 151:13

placed [4] - 27:23,

57:18, 109:19, 113:6

places [1] - 14:15

plan [35] - 10:5, 12:9,

12:17, 12:18, 13:2,

13:3, 13:9, 13:10,

13:20, 13:22, 13:23,

13:24, 17:2, 17:5,

18:22, 19:9, 19:22,

37:15, 37:19, 37:20,

40:22, 40:24, 61:4,

61:5, 61:6, 61:7,

61:15, 73:3, 73:4,

73:5, 73:6, 102:9,

140:24

planned [3] - 7:20,

10:3, 44:18

planning [1] - 17:10

plastic [1] - 48:24

play [6] - 22:8, 25:9,

56:1, 108:20, 117:1,

149:11

played [11] - 14:18,

14:21, 15:3, 21:11,

21:15, 21:19, 22:19,

23:7, 56:10, 64:25,

108:25

playing [8] - 21:23,

22:23, 39:5, 39:7,

61:19, 67:13, 76:16,

119:5

plays [3] - 22:2,

106:21, 117:7

pleasure [1] - 159:16

plus [1] - 106:5

point [19] - 32:22,

37:4, 40:14, 40:16,

55:17, 62:22, 63:3,

63:16, 76:10, 85:23,

87:5, 89:4, 107:3,

109:16, 110:21,

114:15, 114:24,

124:8, 131:6

pointed [1] - 82:17

points [1] - 69:9

poison [1] - 60:2

poke [1] - 54:23

police [3] - 90:11,

108:22, 129:5

poor [2] - 127:12,

128:5

population [1] - 130:5

portion [3] - 4:23,

65:10, 65:14

portions [1] - 4:20

posed [1] - 54:2

position [3] - 54:15,

83:13, 157:15

positioning [1] - 24:20

possibility [14] -

72:15, 81:19, 82:6,

129:19, 133:1,

133:2, 133:19,

134:19, 138:7,

142:5, 144:21,

145:7, 146:17,

151:25

possible [15] - 69:2,

77:21, 95:22,

108:12, 125:23,

125:25, 126:1,

126:2, 126:4, 126:5,

126:6, 126:7,

138:15, 138:20

possibly [1] - 54:5

post [10] - 29:5, 36:25,

55:22, 99:12, 101:6,

116:2, 124:24,

126:22, 128:16,

128:21

post-trauma [2] -

99:12, 128:16

post-traumatic [8] -

29:5, 36:25, 55:22,

101:6, 116:2,

124:24, 126:22,

128:21

power [1] - 38:23

PowerPoint [3] - 22:6,

35:7, 35:24

Pozzuto [1] - 2:11

practice [1] - 100:12

prearranged [2] -

10:5, 140:25

precious [1] - 57:13

precluded [1] - 31:22

preferred [1] - 136:1

pregnant [2] - 76:10,

111:16

prejudice [3] - 92:22,

92:23, 137:25

premeditated [15] -

9:23, 10:7, 11:24,

12:1, 12:4, 15:6,

19:8, 71:7, 72:25,

85:9, 85:25, 97:16,

140:21, 141:1, 141:9

premeditation [25] -

10:18, 10:20, 10:23,

11:1, 11:5, 11:10,

11:17, 12:2, 12:6,

58:19, 63:25, 64:1,

73:11, 73:15, 73:16,

73:17, 85:12, 85:16,

85:22, 85:23, 86:6,

86:7, 141:13

premeditative [2] -

141:6, 141:18

prepare [1] - 158:5

prerogative [1] - 11:12

prescription [1] - 29:2

prescriptions [1] -

100:10

presence [12] - 3:5,

3:12, 11:20, 25:6,

28:6, 32:13, 42:15,

47:5, 79:20, 124:1,

148:1, 151:13

Present [1] - 2:21

present [12] - 3:21,

49:21, 54:20, 56:2,

70:15, 79:13, 98:13,

123:23, 141:3,

151:7, 151:8, 151:16

presentation [2] -

122:22, 131:17

presented [12] - 4:25,

5:1, 25:2, 26:20,

35:12, 60:16, 64:10,

65:21, 89:9, 135:5,

144:1, 149:24

presenting [1] - 91:9

presents [1] - 11:1

preservation [1] -

107:25

preserve [1] - 155:17

pressure [1] - 136:3

presumption [4] -

92:20, 92:21, 92:23

pretense [2] - 140:21,

141:14

pretrial [4] - 24:25,

36:20, 40:11, 147:21

pretty [2] - 92:9, 110:6

previous [1] - 147:23

print [1] - 16:17

Prison [1] - 53:21

prison [23] - 53:13,

53:16, 75:21, 75:22,

75:23, 81:19, 82:6,

88:24, 109:23,

129:18, 129:22,

129:23, 131:23,

132:10, 132:14,

132:15, 132:22,

133:1, 134:19,

144:21, 145:7,

145:20

privacy [1] - 155:17

private [1] - 155:6

privilege [1] - 155:8

privileges [1] - 154:24

problem [3] - 61:6,

66:10, 79:9

problems [1] - 37:18

procedures [1] - 82:16

proceed [2] - 79:23,

159:13

proceeding [2] -

105:4, 139:10

PROCEEDINGS [1] -

1:13

proceedings [9] -

135:6, 136:24,

145:17, 145:23,

149:1, 150:13,

159:19, 160:7,

160:10

process [33] - 5:9,

6:15, 6:16, 6:21, 8:2,

8:3, 8:9, 8:10, 9:11,

12:23, 15:22, 15:23,

20:9, 44:21, 51:16,

80:9, 81:4, 89:5,

90:4, 90:6, 90:15,

93:12, 93:16, 93:17,

100:16, 119:23,

145:9, 145:11,

145:14, 149:7,

156:16

product [5] - 10:2,

115:14, 121:3,

125:3, 140:23

Professional [1] -

160:5

proffer [2] - 79:16,

79:18

prohibit [1] - 78:18

prolonged [1] - 44:12

promiscuity [1] -

126:17

promoted [1] - 98:22

proof [3] - 82:23,

82:24, 139:12

proper [2] - 137:19,

145:10

properly [1] - 128:12

property [1] - 19:16

propose [1] - 56:16

proposes [1] - 72:9

proposition [1] - 55:4

prosecutor [4] - 57:2,

57:10, 73:14, 88:20

protect [7] - 30:14,

30:24, 98:4, 104:12,

107:19, 107:21,

129:19

protective [1] - 98:3

prove [4] - 7:4, 106:1,

138:18, 142:25

proved [7] - 105:8,

105:9, 105:24,

136:8, 139:6,

142:21, 142:23

proven [5] - 9:20,

84:7, 138:11,

138:17, 141:23

provide [1] - 159:11

provided [2] - 4:15,

156:2

provider [1] - 108:9

provision [1] - 80:18

PSI [2] - 158:12,

158:13

psychiatrist [2] -

97:25, 100:10

psychologist [1] -

98:5

psychosocial [1] -

90:5

Public [1] - 160:5

public [1] - 155:25

publish [2] - 151:19,

151:20

puke [2] - 112:4,

112:17

pukes [1] - 112:16

pull [1] - 14:12

pulled [1] - 43:21

pulling [1] - 49:1

punishment [8] -

133:17, 133:20,

133:24, 134:2,

134:14, 134:18,

134:25, 145:11

put [40] - 11:11, 14:10,

14:15, 18:20, 23:9,

24:4, 24:9, 35:9,

36:4, 41:25, 42:19,

43:4, 43:13, 46:16,

46:20, 48:11, 48:21,

49:9, 55:10, 63:6,

65:3, 68:2, 69:15,

73:17, 76:14, 78:12,

79:18, 83:23, 85:15,

87:9, 87:10, 87:13,

94:9, 98:9, 102:6,

103:17, 104:17,

104:18, 109:16,

156:10

puts [1] - 53:14

putting [4] - 13:20,


16

97:18, 99:4, 128:5

Q

qualified [4] - 98:1,

100:8, 100:14,

112:15

quantities [1] - 127:17

quarrel [1] - 159:12

questionable [1] -

84:8

questioned [3] - 7:25,

50:11, 109:5

questions [10] - 19:17,

50:15, 50:16, 50:17,

100:19, 135:21,

148:25, 149:2,

149:6, 156:24

quick [2] - 108:21,

147:15

quickly [1] - 63:22

quiet [1] - 19:11

quite [3] - 40:19, 67:4,

67:12

R

racial [1] - 137:25

radio [1] - 3:15

raise [1] - 3:16

raised [2] - 110:9,

125:4

raises [1] - 41:2

random [1] - 156:15

raped [1] - 110:16

rat [1] - 60:2

rather [5] - 48:16,

81:18, 82:6, 144:20,

145:8

reach [1] - 146:25

reached [3] - 146:20,

151:9, 151:17

reaching [3] - 143:6,

143:21, 146:2

reaction [3] - 49:18,

70:10, 103:10

read [25] - 3:13, 65:16,

65:17, 81:7, 85:13,

96:15, 130:18,

133:6, 133:13,

149:3, 152:8,

152:13, 152:18,

152:23, 153:3,

153:8, 153:13,

153:18, 153:23,

154:3, 154:8,

154:13, 154:18,

155:19, 155:21

reading [1] - 68:14

ready [5] - 3:9, 48:13,

50:1, 79:23, 159:11

real [8] - 34:3, 58:25,

62:20, 76:22,

108:21, 121:1,

147:15, 155:17

reality [1] - 84:24

realize [1] - 39:3

realizing [1] - 145:25

really [55] - 13:23,

15:6, 24:2, 33:20,

40:21, 41:11, 41:17,

41:20, 45:14, 52:6,

54:12, 54:13, 54:15,

61:4, 64:22, 67:11,

67:15, 69:19, 70:6,

70:7, 73:3, 73:5,

74:21, 74:23, 75:16,

76:18, 83:10, 83:25,

85:6, 86:18, 87:1,

88:12, 88:14, 90:22,

90:23, 93:2, 97:11,

100:24, 102:6,

105:19, 108:3,

110:25, 111:8,

117:2, 117:20,

118:5, 119:22,

122:6, 124:18,

131:5, 131:10,

131:18

reason [20] - 17:21,

24:5, 40:7, 45:14,

51:17, 51:18, 54:25,

55:17, 57:8, 67:3,

70:22, 72:4, 76:15,

84:19, 94:9, 97:17,

102:11, 120:13,

131:11, 137:7

reasonable [19] -

82:25, 83:4, 83:7,

84:8, 85:7, 91:19,

93:14, 105:8,

105:22, 106:4,

138:12, 138:19,

138:20, 139:7,

139:12, 139:16,

139:19, 141:24,

142:22

reasonably [1] -

142:18

reasoned [1] - 147:6

reasons [5] - 24:19,

45:8, 67:5, 83:22,

100:6

rebuts [1] - 141:17

receive [8] - 4:14,

33:25, 82:11,

135:25, 139:21,

143:5, 143:21,

151:12

recent [1] - 157:23

recess [5] - 32:17,

49:20, 78:15,

123:21, 151:4

recitation [1] - 29:14

recognize [1] - 6:5

recognized [1] - 155:4

recognizes [1] - 25:10

recommend [19] -

46:22, 46:24, 48:10,

68:1, 81:8, 81:17,

81:23, 82:5, 94:4,

94:20, 94:21, 131:8,

144:10, 144:19,

144:25, 145:6,

145:19, 146:8,

157:13

recommendation [28]

- 7:10, 7:17, 62:2,

67:24, 67:25, 68:17,

69:19, 70:24, 80:22,

104:25, 132:13,

134:21, 134:23,

137:3, 137:6,

137:10, 137:14,

137:18, 137:24,

138:1, 138:14,

144:6, 146:22,

147:7, 147:9,

156:20, 157:24,

158:5

recommendations [2]

- 138:6, 157:6

recommending [2] -

132:24, 142:7

recommends [2] -

146:14, 151:22

record [11] - 42:7,

42:10, 42:23, 46:17,

48:22, 79:12,

150:14, 151:1,

151:5, 158:12,

160:10

recorded [1] - 4:10

recording [14] - 4:18,

4:22, 4:23, 14:18,

14:21, 15:3, 21:11,

21:15, 21:19, 21:23,

22:19, 22:23, 23:7,

108:25

recordings [1] - 4:25

records [4] - 14:7,

17:12, 17:14, 17:25

redacted [1] - 5:3

redneck [1] - 74:18

reduce [1] - 141:16

Reed [1] - 153:15

REED [1] - 153:19

reenact [2] - 52:4,

57:25

reenacted [1] - 53:6

refer [1] - 133:11

reference [2] - 49:11,

79:6

referred [1] - 65:15

referring [1] - 24:22

reflected [1] - 19:9

reflection [7] - 10:2,

10:4, 12:9, 12:22,

140:23, 141:8,

141:14

refund [1] - 38:22

refuse [1] - 155:11

regard [2] - 48:4,

145:22

regarding [2] - 48:22,

156:21

regardless [4] - 48:10,

81:21, 94:2, 144:23

regards [1] - 11:23

register [1] - 14:8

Registered [1] - 160:4

rehab [1] - 116:5

reject [1] - 88:6

rejected [1] - 125:6

relate [3] - 29:19,

54:5, 87:13

related [3] - 115:25,

119:6, 119:7

relation [5] - 102:4,

124:11, 124:22,

130:2, 131:12

relations [1] - 118:1

relationship [19] -

54:4, 74:13, 77:5,

77:6, 77:9, 77:12,

110:22, 111:10,

114:22, 116:7,

117:10, 118:6,

119:2, 120:14,

121:23, 123:6,

123:7, 125:6, 132:4

relationships [9] -

37:25, 58:21, 73:21,

101:4, 116:11,

116:12, 120:23,

123:6, 128:10

relative [3] - 21:4,

160:11, 160:13

relevant [2] - 21:5,

63:16

reliable [4] - 135:7,

135:12, 136:17

relied [2] - 135:9,

155:2

rely [3] - 36:19,

136:11, 141:20

remain [1] - 155:6

remainder [1] - 132:22

remained [2] - 86:4,

148:11

remember [38] - 3:22,

10:11, 12:16, 12:25,

16:2, 16:13, 17:10,

17:15, 17:16, 17:20,

19:4, 19:13, 22:24,

33:2, 35:6, 35:8,

35:19, 35:23, 37:3,

37:4, 38:4, 39:20,

46:6, 50:12, 51:11,

51:23, 54:10, 60:25,

64:8, 73:9, 85:8,

86:13, 87:15,

104:18, 107:15,

117:4, 117:6, 137:16

remembering [1] -

104:3

remind [1] - 79:17

remnants [2] - 44:4,

44:5

remorse [7] - 58:14,

107:10, 107:11,

108:17, 109:3,

124:23, 129:12

remorseful [1] -

108:18

removed [1] - 4:24

render [4] - 46:7,

133:23, 134:5,

134:17

rendering [1] - 139:8

repeatedly [1] -

129:11

report [1] - 160:7

reporter [1] - 123:22

Reporter [1] - 160:5

REPORTER [1] - 1:18

representation [1] -

69:1

request [2] - 7:9,

155:11

requested [2] -

123:20, 129:11

require [1] - 94:19

required [17] - 6:8,

11:4, 12:7, 46:23,

47:9, 67:1, 67:15,

67:16, 73:12, 81:22,

92:5, 94:4, 94:20,

141:14, 144:24,

147:20, 154:25

requirement [2] -

68:8, 97:19

requirements [5] -

5:14, 82:19, 96:6,

124:17, 143:11

requires [4] - 12:8,

104:20, 133:22,

134:17

resentful [1] - 111:14

respect [4] - 70:14,


17

81:21, 94:3, 144:23

response [5] - 13:2,

32:3, 43:19, 43:20,

128:19

responses [1] - 115:8

responsibility [30] -

50:10, 55:19, 55:20,

58:14, 58:15, 61:21,

62:8, 68:25, 69:7,

69:8, 69:18, 70:2,

87:11, 88:3, 88:22,

91:1, 91:6, 91:7,

94:7, 94:8, 95:15,

95:21, 109:4,

109:11, 129:10,

129:22, 131:5,

134:15, 134:16

responsible [9] -

33:10, 51:19, 53:18,

58:12, 58:13, 68:25,

132:9

rest [3] - 65:1, 130:5,

132:19

restaurant [1] - 73:7

rested [1] - 3:19

restitution [1] - 159:4

restrained [1] - 105:19

rests [1] - 133:21

result [9] - 7:8, 39:3,

90:18, 99:1, 111:21,

117:19, 119:10,

119:13, 144:2

resulted [2] - 65:22,

104:21

resume [1] - 124:4

retardation [1] -

130:16

retarded [1] - 130:17

retire [1] - 147:8

retired [1] - 150:11

return [4] - 7:9, 47:9,

132:24, 137:3

returned [1] - 146:24

reversed [1] - 95:11

review [1] - 4:13

Rhonda [2] - 29:11,

115:2

rid [1] - 61:22

rip [1] - 43:22

ripping [1] - 52:14

rise [1] - 58:6

road [1] - 53:13

ROCK [1] - 2:6

Rodriguez [1] - 153:6

RODRIGUEZ [1] -

153:9

role [1] - 129:10

roll [2] - 43:25, 49:1

rolls [3] - 5:12,

113:24, 126:4

room [3] - 150:11,

151:11, 155:1

row [1] - 14:15

RPR [2] - 1:18, 160:18

rubber [1] - 61:22

Ruby [1] - 156:7

ruined [1] - 17:2

Rule [2] - 78:18, 79:2

rule [1] - 59:13

rules [10] - 6:4, 25:14,

57:23, 82:15,

105:12, 105:17,

105:18, 137:1, 137:2

run [1] - 84:15

S

sat [4] - 48:25, 49:4,

49:12, 54:1

Sauer [1] - 154:5

SAUER [1] - 154:9

save [1] - 157:19

saw [7] - 30:6, 30:11,

34:1, 99:11, 115:6,

115:7

scared [2] - 24:2, 24:7

scenario [3] - 59:17,

63:12, 75:22

scene [1] - 58:1

schedule [1] - 158:19

scheduling [1] -

156:19

school [11] - 14:1,

14:5, 14:7, 112:22,

113:7, 113:15,

113:16, 125:12

scientist [1] - 66:4

scope [2] - 6:12, 6:13

score [6] - 130:9,

130:12, 130:13,

130:15, 158:5

scored [1] - 35:15

screaming [1] -

116:14

screen [2] - 27:11,

46:16

se [2] - 69:22, 80:24

seasoned [1] - 50:23

seat [2] - 113:22,

128:6

secluded [1] - 19:10

second [12] - 31:21,

56:22, 63:10, 67:18,

72:24, 77:7, 102:18,

112:3, 125:10,

125:12, 125:14,

126:2

Security [2] - 38:20,

40:4

see [34] - 3:14, 13:23,

14:16, 16:23, 17:16,

18:1, 18:8, 18:11,

18:17, 18:18, 19:15,

27:7, 35:5, 38:9,

40:9, 41:10, 52:3,

52:10, 66:8, 67:17,

67:19, 67:22, 70:7,

70:8, 70:9, 111:3,

118:8, 120:1,

126:14, 127:2,

135:16, 149:10,

150:19, 157:25

seeing [2] - 25:17,

129:6

seek [1] - 155:14

seem [3] - 9:8, 135:15,

135:18

sees [2] - 23:25, 25:9

segregate [1] - 70:3

segued [1] - 79:7

selection [7] - 50:6,

66:1, 75:12, 86:13,

92:25, 100:18, 109:9

self [4] - 101:5,

106:10, 107:25,

110:7

self-explanatory [1] -

110:7

self-interest [1] -

106:10

self-medication [1] -

101:5

self-preservation [1] -

107:25

selfish [1] - 88:13

selling [1] - 126:19

send [2] - 50:24, 150:6

sending [1] - 150:22

sense [6] - 24:5,

30:13, 52:24, 52:25,

74:10, 135:8

senseless [2] - 55:8,

70:19

sent [3] - 30:20, 67:23,

129:11

sentence [62] - 24:21,

25:18, 26:14, 28:15,

53:8, 69:19, 69:21,

81:8, 81:18, 81:23,

82:5, 82:7, 94:5,

94:20, 94:21,

109:25, 110:1,

110:2, 131:10,

131:11, 133:23,

134:5, 134:18,

135:1, 139:8, 142:4,

142:20, 143:6,

143:22, 144:10,

144:20, 144:25,

145:7, 145:8,

145:18, 145:19,

146:3, 146:6,

146:14, 146:15,

146:21, 151:23,

152:5, 152:8,

152:12, 152:17,

152:22, 153:2,

153:7, 153:12,

153:17, 153:22,

154:2, 154:7,

154:12, 154:17,

156:21, 157:13,

157:17

sentenced [4] - 7:11,

132:25, 146:6,

146:13

sentencing [8] - 6:16,

53:11, 88:10,

119:23, 132:21,

157:7, 158:3, 159:9

separate [6] - 43:8,

82:17, 99:23,

146:19, 148:21,

150:24

separately [1] - 39:7

separation [1] - 16:7

September [1] -

118:14

series [2] - 18:11,

37:19

serious [5] - 5:24,

5:25, 89:13, 99:15,

116:1

seriousness [1] - 41:3

served [2] - 132:16,

132:21

service [5] - 148:3,

148:4, 155:25,

156:3, 156:12

services [1] - 148:11

set [14] - 6:3, 8:2, 8:6,

32:8, 123:6, 133:10,

137:4, 146:25,

148:21, 149:11,

149:13, 149:16,

157:7, 158:19

sets [4] - 20:7, 84:25,

85:14, 151:1

seven [10] - 68:2,

68:3, 68:5, 99:2,

114:8, 119:11,

121:9, 124:25,

136:3, 146:4

several [3] - 18:7,

49:6, 50:13

severe [2] - 125:2,

128:11

sex [3] - 75:8, 75:9,

87:18

sexual [13] - 28:25,

89:8, 99:7, 115:13,

118:1, 119:11,

121:22, 121:24,

125:2, 125:18,

125:21, 128:10,

128:18

sexually [5] - 102:25,

115:2, 115:6,

126:16, 129:14

shackled [1] - 79:13

Shaffer [1] - 154:15

SHAFFER [1] - 154:19

shaking [1] - 115:8

shall [3] - 4:22,

133:21, 134:14

share [2] - 65:12,

100:20

sheet [1] - 158:6

sheriff [1] - 30:18

shift [1] - 59:18

shipped [1] - 53:13

Shocker [1] - 153:20

SHOCKER [1] -

153:24

shockingly [2] - 20:2,

140:5

shoot [2] - 60:8,

117:11

shortened [1] - 27:11

shorter [1] - 133:7

shotgun [1] - 120:5

show [12] - 10:11,

20:11, 30:3, 36:4,

52:6, 62:16, 62:17,

64:4, 65:21, 76:21,

140:12, 144:1

showed [5] - 14:8,

49:12, 58:14, 99:5,

109:2

showing [1] - 77:9

shut [3] - 51:9, 52:23,

52:25

siblings [1] - 125:23

sic [3] - 7:18, 61:14,

87:7

sick [1] - 60:2

side [3] - 4:1, 56:18,

69:13

sidebar [6] - 10:13,

24:13, 27:18, 31:16,

42:2, 46:15

sift [1] - 145:25

sign [2] - 68:10

signed [2] - 146:23,

152:1

significance [3] -

40:17, 40:18, 44:17

significant [7] - 41:12,

86:20, 99:1, 109:3,

109:21, 115:20,


18

126:24

silence [1] - 19:1

simplistic [1] - 62:20

simply [4] - 46:9,

46:11, 46:21, 155:13

simulation [1] - 52:15

single [3] - 141:20,

141:24, 145:20

sister [6] - 15:18,

29:1, 75:13, 125:3,

126:16, 126:18

sister's [1] - 29:11

sit [4] - 6:1, 40:8,

50:18, 55:3

site [1] - 129:5

sits [1] - 43:16

sitting [7] - 19:21,

42:20, 51:23, 86:5,

90:24, 117:23, 120:4

situation [4] - 6:23,

90:17, 117:8, 117:14

Six [1] - 137:24

six [21] - 68:6, 68:8,

68:9, 119:11,

125:24, 132:11,

135:24, 146:11,

152:11, 152:16,

152:21, 153:1,

153:6, 153:11,

153:16, 153:21,

154:1, 154:6,

154:11, 154:16

sixth [1] - 126:3

slept [3] - 72:8, 85:1,

87:6

slowly [1] - 25:11

small [11] - 63:12,

64:9, 77:9, 98:14,

111:18, 112:6,

112:15, 114:16,

114:21, 118:9, 156:4

small-town [1] -

112:15

smell [1] - 66:11

Smith [2] - 15:10,

15:25

smoking [1] - 114:16

Social [2] - 38:20,

40:4

society [4] - 39:2,

68:22, 131:17, 155:2

soften [1] - 115:21

someone [9] - 29:17,

51:13, 51:14, 66:9,

74:2, 102:25,

113:12, 121:20,

130:12

sometimes [2] -

14:12, 147:1

somewhere [1] -

59:25

son [1] - 104:14

soothe [1] - 121:21

soothing [1] - 121:23

sorry [6] - 26:23,

44:23, 53:1, 92:11,

108:21, 137:15

sought [1] - 121:23

sound [1] - 39:1

sounds [1] - 90:21

space [1] - 18:9

speaks [3] - 48:4,

48:9, 97:19

special [4] - 113:1,

113:4, 148:16,

154:23

Specialist [1] - 2:22

specializes [1] - 98:8

specialties [1] - 100:7

specific [3] - 32:5,

100:23, 105:14

specifically [3] - 37:6,

70:23, 80:11

specifics [1] - 60:14

SPECT [2] - 32:6, 36:3

speculative [1] -

138:21

spend [2] - 118:17,

118:18

spent [7] - 26:15,

50:12, 68:23, 92:24,

109:23, 122:3,

131:23

spines [1] - 50:25

spite [4] - 52:13,

52:14, 54:3, 54:8

spiteful [1] - 51:1

stable [1] - 139:4

stage [1] - 136:23

stake [1] - 146:1

stamp [1] - 61:22

stand [2] - 107:21,

150:9

standard [11] - 11:2,

11:7, 11:16, 22:17,

82:13, 82:23, 82:24,

85:9, 105:22,

106:20, 138:4

Starke [1] - 53:21

start [14] - 48:13,

48:15, 55:4, 56:14,

78:4, 78:11, 78:13,

92:19, 92:23, 93:16,

114:19, 115:15,

116:18, 124:9

started [10] - 15:21,

44:8, 46:6, 63:18,

84:15, 92:20, 92:21,

100:18, 119:16,

119:18

starting [1] - 18:1

startle [1] - 128:19

startle-response [1] -

128:19

starts [6] - 29:25,

112:22, 114:16,

114:22, 118:10,

118:11

state [14] - 20:14,

21:6, 33:17, 42:13,

54:17, 55:24, 60:14,

84:21, 96:24, 97:1,

100:3, 118:22,

118:24, 152:6

STATE [3] - 1:5, 2:3,

160:2

State [20] - 2:7, 2:9,

3:19, 7:3, 24:20,

53:20, 53:21, 75:24,

84:20, 88:24, 90:1,

98:2, 107:14,

121:11, 138:18,

141:20, 150:6,

151:6, 151:21,

159:10

statement [9] - 16:20,

16:22, 17:17, 26:21,

47:2, 80:6, 103:8,

108:19, 136:6

statements [3] - 15:4,

50:9, 54:23

statistically [2] -

115:20, 130:10

statutorily [2] - 8:15,

138:8

stay [2] - 149:17,

149:18

staying [1] - 87:20

stays [1] - 61:12

steal [2] - 72:3, 72:4

stenographically [1] -

160:6

step [3] - 93:18,

125:23, 157:6

step-siblings [1] -

125:23

stepfather [13] -

58:24, 111:12,

112:3, 112:16,

125:7, 125:9,

125:10, 125:11,

125:13, 125:14,

125:17, 125:25,

126:19

stepmother [1] -

125:22

stepped [1] - 148:10

steps [3] - 37:19,

56:15, 56:17

Steven [1] - 36:24

stick [2] - 53:22, 89:25

sticks [1] - 116:5

still [9] - 16:14, 34:8,

43:12, 43:15, 44:15,

56:22, 58:7, 97:3,

150:24

stirring [1] - 118:8

stomach [1] - 58:24

stood [2] - 49:7,

100:17

stop [1] - 29:15

stopped [1] - 33:13

store [2] - 43:21,

114:21

stories [1] - 17:6

storm [2] - 45:9, 132:2

story [5] - 61:2, 61:3,

64:12, 74:9, 90:13

straight [1] - 65:12

straightforward [1] -

135:20

strange [1] - 117:20

strap [1] - 53:22

strategy [1] - 127:8

stress [9] - 29:5,

36:25, 55:22, 99:12,

101:6, 116:2,

124:24, 126:22,

128:21

stretches [1] - 33:5

Strong [19] - 12:24,

13:21, 16:8, 18:23,

34:22, 37:8, 39:9,

39:21, 41:18, 45:15,

48:5, 58:5, 64:10,

64:20, 65:20, 70:16,

132:18, 140:18,

143:25

strong [3] - 70:4,

83:18, 132:4

Strong's [7] - 20:14,

21:25, 34:23, 55:13,

65:23, 144:3, 157:20

STUART [1] - 2:15

student [1] - 126:3

study [2] - 58:17,

102:16

stuff [19] - 16:4, 48:21,

60:6, 66:2, 71:22,

73:9, 75:5, 87:17,

87:24, 99:15,

105:15, 106:13,

119:18, 119:21,

122:1, 122:5,

127:18, 128:16,

150:2

styled [1] - 160:7

subduing [1] - 33:11

subject [2] - 32:7,

136:18

subjected [3] - 28:24,

28:25, 126:16

substantial [1] -

141:13

substantially [3] -

26:1, 96:7, 143:12

suffer [1] - 115:19

suffered [5] - 58:8,

99:12, 129:4,

130:22, 131:14

suffering [8] - 20:6,

21:1, 22:7, 71:14,

98:25, 116:1,

128:15, 140:9

suffers [9] - 114:1,

124:25, 126:21,

126:23, 128:11,

128:17, 128:18,

128:20, 128:21

sufficient [11] - 25:13,

81:17, 82:4, 95:8,

129:19, 134:6,

134:8, 142:6,

144:19, 145:6, 147:5

suffocated [3] - 21:1,

25:11, 44:20

suffocating [2] - 24:7,

57:18

suggest [11] - 6:20,

6:24, 7:2, 7:15, 8:17,

25:12, 28:14, 40:23,

72:11, 72:14, 72:24

suggesting [1] -

158:25

suggestion [2] - 36:6,

37:15

suggests [1] - 72:15

suicide [2] - 109:7,

129:7

suitcase [1] - 83:23

Suite [4] - 2:4, 2:8,

2:12, 2:17

sum [1] - 131:4

summer [6] - 12:15,

12:23, 117:14,

118:2, 119:15,

121:12

summoned [1] - 5:11

summons [3] - 5:14,

156:8, 156:11

summonsed [1] -

156:14

Sunday [1] - 17:22

support [3] - 22:10,

27:7, 56:21

supported [1] - 97:2

supporting [1] -

141:25

supports [2] - 97:14,

101:1


19

supposed [7] - 6:6,

6:11, 27:12, 38:18,

38:19, 61:15

supposedly [2] -

90:10, 90:12

surely [1] - 58:4

surface [2] - 56:4

surreal [3] - 121:2,

121:3, 124:9

surrounding [2] -

61:9, 142:12

suspect [1] - 29:22

suspended [1] - 39:23

sustained [1] - 59:14

swallow [1] - 60:3

swirl [1] - 118:11

sympathy [4] - 66:1,

66:2, 82:17, 138:1

symptomatic [1] -

127:3

syndrome [3] -

124:24, 126:23,

128:21

system [1] - 5:18

T

tag [1] - 39:22

talks [2] - 113:10,

121:19

TANIA [1] - 2:11

tape [14] - 42:21, 43:3,

43:13, 43:22, 43:25,

44:5, 44:6, 44:13,

49:1, 49:2, 49:13,

50:24, 52:14

taped [3] - 42:19,

49:4, 49:5

taping [2] - 43:25,

44:1

tattoo [1] - 109:19

taxes [1] - 38:20

team [2] - 51:24, 52:1

technically [1] - 19:24

teeth [3] - 111:5,

111:6

telephone [3] - 21:2,

34:2, 149:9

television [1] - 3:14

ten [5] - 32:15, 43:6,

68:23, 115:3, 130:4

tend [1] - 31:11

tending [1] - 143:19

tends [2] - 106:1,

142:25

tension [1] - 70:7

TERENCE [1] - 2:15

terms [7] - 20:2,

40:19, 41:21, 76:21,

100:9, 105:23,

127:16

test [12] - 32:6, 35:9,

35:11, 36:3, 36:8,

37:16, 54:20, 60:20,

69:10, 98:21,

120:13, 130:11

tested [1] - 35:14

testified [6] - 34:11,

37:11, 60:13, 97:25,

120:3, 135:17

testify [4] - 100:23,

136:2, 136:23,

136:25

testimony [27] - 6:14,

15:7, 17:12, 31:23,

33:2, 40:21, 44:7,

63:9, 66:19, 86:2,

90:1, 100:1, 104:2,

109:1, 109:5,

109:19, 122:2,

124:22, 135:23,

135:24, 136:5,

136:7, 136:13,

136:21, 137:12,

137:20, 137:23

tests [5] - 35:8, 35:14,

36:4, 37:16, 60:19

THE [113] - 1:1, 1:1,

3:3, 3:7, 5:7, 7:7,

8:22, 9:1, 10:14,

11:19, 12:14, 13:6,

15:2, 20:19, 20:23,

21:9, 21:13, 21:17,

21:21, 22:3, 22:17,

22:21, 23:16, 23:22,

24:14, 25:4, 26:22,

26:24, 27:19, 28:5,

32:3, 32:9, 32:15,

32:18, 33:23, 34:6,

34:18, 35:1, 35:21,

36:12, 36:16, 36:21,

40:12, 41:5, 42:5,

42:13, 42:25, 43:10,

45:18, 45:23, 46:13,

47:4, 47:20, 48:7,

48:12, 48:15, 48:17,

48:19, 48:21, 49:15,

49:22, 59:14, 62:24,

62:25, 63:1, 67:21,

78:2, 78:4, 78:8,

79:1, 79:6, 79:10,

79:12, 79:17, 79:22,

123:12, 123:16,

123:19, 123:22,

124:3, 133:3,

147:16, 147:19,

147:25, 148:3,

150:8, 150:14,

150:25, 151:5,

151:15, 151:21,

152:2, 152:15,

152:20, 152:25,

153:5, 153:10,

153:15, 153:20,

153:25, 154:5,

154:10, 154:15,

154:20, 157:1,

157:9, 157:17,

158:11, 158:14,

158:20, 158:23,

159:7, 159:18

themselves [1] -

107:22

theory [1] - 121:12

therefore [6] - 25:15,

37:17, 37:18,

106:18, 141:22,

155:7

thinking [10] - 16:25,

19:20, 19:21, 40:1,

41:20, 62:3, 62:4,

84:22, 93:6

thinks [2] - 60:10

third [2] - 112:24

thought-out [1] -

13:23

thoughts [2] - 43:5,

123:4

threat [2] - 129:16,

136:3

threatening [1] -

90:12

three [33] - 5:22, 9:3,

25:12, 26:15, 35:14,

44:10, 50:5, 60:15,

60:19, 63:18, 65:20,

68:23, 71:9, 72:23,

77:1, 84:4, 85:16,

90:10, 98:7, 99:25,

101:8, 103:11,

115:24, 118:2,

125:9, 125:14,

131:1, 131:2,

135:19, 137:14,

140:19, 155:24,

156:9

threesome [1] - 122:6

throat [3] - 24:2,

53:14, 61:13

throughout [3] -

64:12, 90:14, 100:16

throw [3] - 39:21,

93:19, 100:1

throwing [1] - 50:15

throws [1] - 112:8

tie [1] - 90:12

timeline [4] - 10:12,

11:22, 106:24, 110:6

today [4] - 53:3,

101:25, 102:4,

102:12

today's [1] - 146:23

together [21] - 14:13,

16:5, 18:20, 18:22,

24:10, 33:17, 35:19,

36:4, 41:17, 69:16,

74:12, 74:14, 74:15,

74:16, 87:9, 87:11,

87:13, 98:11,

116:18, 159:2, 159:4

token [1] - 156:4

tonsillitis [2] - 125:15,

125:16

took [18] - 3:5, 11:20,

25:6, 28:6, 32:13,

42:15, 44:7, 47:5,

48:23, 49:8, 55:9,

58:21, 79:20, 109:3,

124:1, 129:5, 148:1,

151:13

tools [2] - 62:10,

62:14

topic [1] - 19:17

tornadoes [1] - 118:9

torturous [2] - 20:12,

140:14

touched [1] - 83:25

towards [2] - 51:1,

86:15

Tower [1] - 2:16

town [8] - 59:19,

74:18, 110:15,

111:19, 112:6,

112:15, 114:16,

114:21

Traceway [1] - 114:21

tragic [1] - 53:15

trailer [14] - 18:24,

19:10, 19:16, 20:15,

23:10, 23:24, 57:13,

58:20, 59:18, 61:3,

72:3, 75:4, 116:18,

117:22

transcript [1] - 160:9

transcripts [3] - 4:14,

4:15, 22:8

transpose [1] - 75:3

trauma [19] - 36:24,

58:8, 60:2, 87:17,

89:7, 98:8, 99:12,

101:3, 115:6,

115:13, 115:19,

115:25, 116:2,

122:11, 124:22,

128:16, 130:21,

131:14

traumas [1] - 101:12

traumatic [10] - 29:5,

36:25, 55:22, 101:6,

114:8, 114:14,

116:2, 124:24,

126:22, 128:21

treat [2] - 100:11,

112:15

treated [3] - 87:22,

99:9, 111:22

treatment [2] - 20:21,

136:1

trial [9] - 3:20, 46:25,

50:23, 52:4, 79:14,

124:8, 134:16,

137:17, 139:10

tried [3] - 94:6, 109:7,

115:9

tries [1] - 116:5

true [19] - 6:22, 9:8,

16:19, 37:24, 38:14,

39:4, 40:6, 44:2,

44:6, 46:7, 47:19,

48:4, 48:10, 106:16,

120:19, 120:21,

130:8, 130:9, 160:9

truly [2] - 6:1, 41:14

trunk [1] - 90:1

trust [2] - 102:1

truth [23] - 6:23, 6:24,

7:1, 7:17, 7:18, 7:19,

7:20, 23:5, 30:10,

30:15, 30:19, 35:19,

46:4, 55:4, 55:5,

55:14, 55:15, 56:11,

136:4

try [9] - 6:3, 11:11,

27:5, 40:8, 50:18,

63:6, 71:24, 80:23,

158:4

trying [10] - 44:15,

75:17, 75:25, 76:1,

76:4, 76:15, 107:19,

114:17, 114:18,

135:3

turn [5] - 25:19, 26:24,

46:16, 62:2, 113:13

turned [2] - 84:15,

113:13

turns [2] - 16:9, 23:25

TV [4] - 36:5, 70:8,

70:9, 155:19

twice [1] - 49:12

two [27] - 4:2, 14:4,

16:7, 39:6, 44:10,

50:4, 52:13, 55:9,

57:17, 57:19, 65:19,

67:23, 68:1, 84:10,

94:14, 96:2, 112:25,

113:3, 126:1,

135:18, 137:10,

140:3, 141:22,

143:12, 146:19,

147:11, 151:2


20

tying [3] - 98:11, 124:9

typically [1] - 45:8

U

ugly [5] - 90:23, 91:1,

91:2, 91:3

ultimate [5] - 95:12,

95:14, 97:7, 97:9

ultimately [2] - 113:5,

113:17

unanimous [1] -

145:18

uncle [2] - 110:16,

126:20

under [15] - 11:2, 11:7,

16:21, 25:14, 30:10,

30:18, 58:11, 67:1,

67:16, 94:18, 97:11,

129:12, 129:15,

130:14, 148:13

undermining [2] -

46:24, 47:1

understood [1] -

109:11

undivided [1] - 79:24

unfortunately [2] -

92:22, 157:21

unhealthy [1] - 125:5

unique [6] - 104:4,

122:5, 123:8, 123:9,

125:21, 155:7

uniqueness [4] -

65:22, 70:16,

104:21, 144:2

University [1] - 98:7

unjust [1] - 70:20

unlawful [1] - 70:21

unlike [3] - 11:3,

83:12, 106:3

unlit [1] - 23:10

unnecessarily [2] -

20:12, 140:13

unrolling [1] - 43:3

untaped [1] - 85:2

untreated [1] - 125:15

unusual [1] - 122:4

up [70] - 4:2, 11:9,

14:8, 15:13, 16:9,

16:17, 19:14, 19:17,

22:7, 30:3, 35:9,

45:7, 49:5, 49:7,

50:23, 55:10, 57:2,

57:23, 57:25, 58:25,

61:16, 70:17, 74:17,

74:19, 75:2, 75:15,

75:25, 76:11, 78:11,

78:14, 85:15, 87:5,

87:20, 88:12, 90:12,

97:6, 98:11, 99:5,

100:17, 101:2,

101:13, 101:14,

101:22, 102:6,

104:7, 106:24,

110:20, 111:7,

111:14, 112:8,

112:18, 112:19,

114:9, 114:13,

114:14, 114:18,

118:8, 118:14,

120:11, 121:11,

124:19, 127:14,

130:25, 131:4,

132:3, 135:6,

149:11, 149:13,

155:16

upbringing [1] - 33:16

upset [1] - 15:24

urinate [1] - 24:5

urinating [1] - 52:17

users [3] - 35:25,

36:2, 99:10

utter [2] - 20:5, 140:8

V

vacillates [1] - 139:5

valuable [2] - 36:23,

68:22

value [13] - 35:3, 65:7,

69:14, 86:17, 86:21,

104:6, 104:15,

104:20, 106:23,

108:14, 122:9

valued [1] - 65:6

values [1] - 145:13

various [4] - 100:5,

100:6, 101:11

verbal [2] - 125:21,

125:22

verbally [1] - 125:12

verbatim [1] - 27:10

verdict [27] - 9:12,

9:15, 9:17, 46:7,

47:9, 48:2, 48:4,

48:9, 53:8, 67:20,

67:23, 68:10,

132:10, 132:24,

135:10, 146:19,

147:1, 148:22,

150:5, 150:10,

150:12, 151:2,

151:9, 151:12,

151:17, 151:22,

155:12

version [1] - 27:12

versus [1] - 84:11

victim [12] - 8:24,

20:9, 65:15, 68:13,

70:14, 71:3, 80:18,

89:7, 103:25,

138:10, 140:14

victim's [2] - 65:21,

144:1

video [3] - 4:19, 17:16,

149:9

videos [1] - 22:14

videotapes [1] - 34:1

view [1] - 9:19

views [1] - 94:12

vile [2] - 20:3, 140:6

violence [2] - 28:23,

113:9

violent [1] - 128:17

violently [1] - 99:9

visible [1] - 49:18

visited [1] - 120:5

volatile [6] - 74:13,

110:22, 114:23,

117:10, 120:23,

123:7

volatileness [1] -

121:15

volatility [1] - 114:24

voluntarily [2] - 91:15,

125:2

vomit [2] - 60:6,

125:17

vote [12] - 61:24, 67:2,

68:4, 68:6, 68:7,

68:9, 69:23, 69:24,

69:25, 94:21, 146:7

voted [2] - 152:6,

152:7

votes [1] - 146:11

vs [3] - 1:6, 151:6,

151:21

vulnerable [1] -

125:20

W

wait [1] - 14:24

waiting [1] - 151:10

waives [2] - 158:12,

158:13

walk [2] - 27:6, 103:18

walked [2] - 7:12,

117:22

walks [1] - 57:12

wants [6] - 17:7,

32:11, 38:22, 62:23,

118:4, 118:25

watch [3] - 149:13,

149:14, 155:19

watched [2] - 97:8,

102:25

watches [1] - 112:19

watching [2] - 4:19,

113:20

wavers [1] - 139:5

ways [1] - 95:9

wedding [1] - 120:25

week [1] - 92:24

weeks [11] - 5:23,

50:5, 63:19, 68:23,

122:3, 131:1, 131:3,

148:6, 155:25, 156:9

weigh [6] - 7:22, 7:23,

40:16, 45:3, 98:15,

145:25

weighing [7] - 44:21,

81:10, 82:14, 93:14,

139:1, 144:12, 145:9

weight [61] - 25:21,

26:8, 27:7, 31:12,

44:17, 45:1, 45:13,

45:21, 46:2, 60:4,

66:21, 72:21, 73:1,

74:7, 74:8, 74:22,

80:14, 83:19, 84:1,

84:13, 84:18, 85:4,

85:5, 85:7, 86:5,

86:8, 86:17, 89:14,

89:19, 89:20, 91:13,

91:17, 91:23, 92:14,

92:15, 92:16, 93:11,

103:21, 105:3,

105:9, 105:21,

105:25, 106:5,

106:19, 106:21,

107:8, 107:13,

108:11, 108:16,

126:13, 134:23,

139:21, 142:24,

143:2, 143:5,

143:20, 145:13,

145:15, 156:21

weighty [1] - 71:10

welcome [1] - 3:8

well-known [1] - 98:6

well-reasoned [1] -

147:6

whatsoever [1] -

108:9

wheeler [1] - 114:2

whirlwind [1] - 118:7

whole [11] - 6:18,

11:11, 22:10, 22:11,

33:14, 43:25, 72:7,

77:24, 77:25, 90:15,

114:25

wicked [4] - 20:2,

20:3, 140:5, 140:6

wife [7] - 51:19, 55:8,

76:9, 76:10, 77:12,

77:15

windshield [1] -

113:21

wisdom [1] - 70:12

wise [2] - 88:14, 137:9

wish [2] - 154:23,

155:6

witness [20] - 31:6,

31:7, 31:20, 125:18,

135:15, 135:17,

135:18, 135:19,

135:21, 135:25,

136:2, 136:4, 136:5,

136:8, 136:12,

136:14, 136:16,

137:19, 137:20,

137:21

witness's [2] - 135:23,

136:5

witnessed [3] - 58:2,

126:17, 126:18

witnesses [16] -

28:18, 29:7, 29:8,

31:3, 31:4, 31:24,

34:10, 82:14, 125:7,

125:13, 135:13,

136:14, 136:19,

137:12

witnessing [2] - 60:1,

111:25

Wolf [1] - 44:10

woman [5] - 57:14,

76:17, 95:17,

110:15, 121:4

women [6] - 34:13,

35:4, 39:6, 119:5,

125:20, 128:10

wonder [1] - 110:24

woods [2] - 13:15,

122:20

word [4] - 27:23, 66:1,

94:17, 94:23

words [2] - 94:14,

142:15

works [3] - 52:7, 81:7,

98:1

world [3] - 111:18,

111:24, 119:14

World [1] - 2:16

worry [1] - 155:18

worse [1] - 35:10

worst [1] - 59:17

worst-case [1] - 59:17

wow [1] - 102:8

write [3] - 27:9,

100:10, 149:1

written [1] - 115:24

wrote [1] - 98:7

Y

y'all [3] - 5:9, 5:19,

109:15

yard [1] - 53:16


21

year [6] - 60:3, 60:7,

103:2, 112:7, 156:8,

156:12

years [15] - 34:23,

43:6, 57:22, 60:8,

74:12, 75:15, 90:2,

90:10, 113:25,

114:5, 114:11,

118:9, 155:4, 157:23

yelling [1] - 116:14

yellow [2] - 43:20,

49:8

young [8] - 54:2, 70:8,

74:16, 112:2,

126:18, 126:19,

126:20, 132:2

yourself [7] - 6:7,

40:9, 46:1, 47:12,

106:8, 109:24, 128:2

yourselves [1] - 9:11

Z

Zack [2] - 118:19,

132:18

zero [2] - 120:14,

127:24