Вы находитесь на странице: 1из 181

1 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 PROCEEDINGS BEFORE: DATE: LOCATION: EXCERPT CLOSING ARGUMENTS IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND

FOR MARION COUNTY, FLORIDA CASE NO.: 2009-1253-CF-A-Y

STATE OF FLORIDA, vs. JOSHUA FULGHAM, Defendant.

HONORABLE BRIAN LAMBERT April 20, 2012 Marion County Courthouse 110 Northwest 1st Avenue Ocala, Florida Katrenia L. Horiski, RPR, FPR

REPORTER:

JOY HAYES & ASSOCIATES (352) 726-4451

2 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 * * * * * * Also Present: Kathleen O'Shea, Defense Mitigation Specialist A P P E A R A N C E S BRAD KING, ESQUIRE STATE ATTORNEY 110 Northwest 1st Avenue Suite 5000 Ocala, Florida 34475 -andROCK HOOKER, ESQUIRE Assistant State Attorney 110 Northwest 1st Avenue Suite 5000 Ocala, Florida 34475 On behalf of the State TANIA ALAVI, ESQUIRE Alavi, Bird & Pozzuto, PA 108 North Magnolia Avenue Suite 600 Ocala, Florida 34475 -andTERENCE M. LENAMON, ESQUIRE STUART L. HARTSTONE, ESQUIRE MELISSA ORTIZ, ESQUIRE New World Tower 100 North Biscayne Boulevard Suite 3070 Miami, Florida 33132 On behalf of the Defendant

JOY HAYES & ASSOCIATES (352) 726-4451

3 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 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 It's April

gentlemen, good morning. 20.

Welcome back.

We're getting ready for closing arguments. We had

Thank you for your patience this morning.

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? your hand. Okay. All right. Ladies and gentlemen, the If you did, please raise

State and the defense have rested their case in the penalty phase of this trial. The attorneys will Please again,

now present their final arguments.

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 JOY HAYES & ASSOCIATES (352) 726-4451

4 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 part. 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 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 The transcripts that we

to be provided to you now.

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 JOY HAYES & ASSOCIATES (352) 726-4451

5 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 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. Thank you, Your Honor. Good

MR. KING:

morning, ladies and gentlemen. THE JURY: MR. KING: Good morning. 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 Y'all got assigned to this And I expect that for

courtroom or another.

courtroom, to this case.

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 JOY HAYES & ASSOCIATES (352) 726-4451

6 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

7 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 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: THE COURT: MR. KING: Objection, Judge. Overruled. 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 JOY HAYES & ASSOCIATES (352) 726-4451

8 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 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. LENAMON: THE COURT: MR. KING: Objection, Judge. Overruled. Or that it increases the gravity

based on the harm that was done to the victim. MR. LENAMON: Objection, Judge.

JOY HAYES & ASSOCIATES (352) 726-4451

9 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 THE COURT: MR. KING: Overruled. 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. process. We don't know your thought

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. JOY HAYES & ASSOCIATES (352) 726-4451 Basically,

10 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 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: THE COURT: Judge, can we have a sidebar? 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. MR. KING: So either he -She can't hear. Judge, the definitions that he

MR. LENAMON:

JOY HAYES & ASSOCIATES (352) 726-4451

11 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 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 He's going down to

what the CCP factor is legally.

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.

(The following took place within the presence and hearing of the jury:) 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 JOY HAYES & ASSOCIATES (352) 726-4451

12 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 2008. 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: he's defining. And I object to the CCP that

It is incorrect. Objection overruled. So you go back to the summer of

THE COURT: MR. KING:

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 JOY HAYES & ASSOCIATES (352) 726-4451

13 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 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: THE COURT: MR. KING: Objection; mischaracterization. Overruled. 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. arrested on the 6th. 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. hear that in just a minute. things going on. And you will get to So you have those Then he gets

And then on the 7th, you hear

And then you have Friday, he gets Nine days later you heard

out of jail on the 6th.

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 JOY HAYES & ASSOCIATES (352) 726-4451

14 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 jail. (Whereupon, an audio recording played.) MR. KING: Do you want to go ahead and make 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

your objection to the next one or do you want to wait? MR. LENAMON: Objection as to phone calls,

JOY HAYES & ASSOCIATES (352) 726-4451

15 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 Judge. THE COURT: Objection is overruled.

(Whereupon, an audio recording played.) 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, He

the manager of Petro said he called her first. called her.

And when she went and got Heather and So she let

got back the phone had been hung up.

Heather call because they were afraid it might -she was concerned it might be about her kids. 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. that process. He started She

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. JOY HAYES & ASSOCIATES (352) 726-4451 She went home

16 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 and she had a conversation with Jamie Acome and he left Heather by herself. Jamie Acome said? Then you remember what

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. the picture. Jamie Acome is out of

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. Heather. And she got out to see

And he said I wasn't going to let her

talk to Heather, because she was thinking Heather JOY HAYES & ASSOCIATES (352) 726-4451

17 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 was going to Mississippi and she was going to tell her goodbye, and that would have ruined the plan. So what does he do? they can't talk. He takes off so that

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 Somebody was

want nothing to do with Emilia Carr.

calling Emilia Carr, had her cell phone that night. And if you go back and look at these records what JOY HAYES & ASSOCIATES (352) 726-4451

18 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 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

There's another one at 7:07. 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. JOY HAYES & ASSOCIATES (352) 726-4451

19 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 And then there's a long period of silence while she's being killed. And then there's calls And

from home looking for Josh on the cell phone. 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. 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 And And he has an overgrown place

brings up that topic and asks those questions. 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. plan is moving forward.

And the

Next you go to the other aggravating circumstance, that's called, technically in the instructions, especially heinous, atrocious and JOY HAYES & ASSOCIATES (352) 726-4451

20 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 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. heard about that. And you

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. MR. LENAMON: THE COURT: is denied. MR. KING: What his treatment was of her. Objection. Motion. Motion Objection. Motion. Motion

Objection is overruled.

MR. LENAMON: THE COURT: denied. MR. KING:

Objection overruled.

And then looking at her actual

JOY HAYES & ASSOCIATES (352) 726-4451

21 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 suffering as she suffocated to death. that circumstance is about. That's what

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. MR. LENAMON: THE COURT: denied. (Whereupon, an audio recording played.) MR. LENAMON: THE COURT: denied. (Whereupon, an audio recording played.) MR. LENAMON: THE COURT: is denied. (Whereupon, an audio recording played.) MR. LENAMON: THE COURT: denied. (Whereupon, an audio recording continued playing.) MR. KING: And then you hear Josh describe Objection. Motion. Motion Objection. Motion. Objection. Motion. Motion's Objection. Motion. Motion is

Objection overruled.

Objection's overruled.

Objection is overruled and motion

Objection overruled.

the actual manner of Heather Strong's death. JOY HAYES & ASSOCIATES (352) 726-4451

22 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 MR. LENAMON: Judge, I have multiple

objections for this next line before he plays it. THE COURT: Okay. All right.

(Conference at the bench without the hearing of the 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: THE COURT: overruled. (Whereupon, an audio recording played.) MR. LENAMON: THE COURT: denied. (Whereupon, an audio recording continued playing.) MR. KING: If you remember, he was saying Objection. Motion. Motion Okay. I apologize.

Your standard objection is

Objection overruled.

that before he had ever admitted to having JOY HAYES & ASSOCIATES (352) 726-4451

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

oh, those other guys and Emilia that did it.

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. (Whereupon, an audio recording played.) 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 -MR. LENAMON: THE COURT: denied. MR. KING: -- one day he might kill her. You Objection. Motion. Motion

Objection overruled.

know that he -- she tells him, I can't live like this anymore. MR. LENAMON: THE COURT: MR. KING: Objection as to HAC, Judge. Overruled. 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

JOY HAYES & ASSOCIATES (352) 726-4451

24 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 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. 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. That's how scared she

Can we come to sidebar? THE COURT: Yes.

(Conference at the bench without the hearing of the jury, as follows:) MR. LENAMON: Judge, I have an objection as Before the jury, as we

to the HAC aggravator.

speak, is a demonstrative aid outlining the reasons the State is positioning, that HAC applies. the things it says in the first sentence is Heather's fear of Josh Fulgham. over a period of time. I'm referring to One of

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. JOY HAYES & ASSOCIATES (352) 726-4451

25 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 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. THE COURT: denied. (The following took place within the presence and hearing of the jury:) MR. KING: So you have all of these things at Objection overruled. Motion

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. look at the mitigation and determine it. And in Now, And

determining it decide what weight to give it.

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 JOY HAYES & ASSOCIATES (352) 726-4451

26 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 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: MR. KING: THE COURT: What does it say? I'm sorry? Turn it so I can look at it.

Objection overruled. JOY HAYES & ASSOCIATES (352) 726-4451

27 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 from. 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. those instructions. He's going to give you all 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 You heard the experts talk about, in

general, these things. MR. LENAMON: come to sidebar? THE COURT: Yes. I have an objection. Can we

(Conference at the bench without the hearing of the 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. JOY HAYES & ASSOCIATES (352) 726-4451

28 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 them. THE COURT: Objection is overruled. They're not negatives, Judge. the jury. MR. KING: That's what his experts called I think it confuses

(The following took place within the presence and hearing of the jury:) 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. can't pick all of those things. So I

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 JOY HAYES & ASSOCIATES (352) 726-4451

29 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

30 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 is. All of those things that are clearly And then the

indicative that something is wrong.

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. the truth is. But you know now what

Because Josh told you and then under She saw Heather that

oath in court she told you. 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 JOY HAYES & ASSOCIATES (352) 726-4451

31 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 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. 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. And

(Conference at the bench without the hearing of the 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 And

front of this jury, as I anticipated he would. JOY HAYES & ASSOCIATES (352) 726-4451

32 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 clearly this is an extension of our continuing objection and motion for mistrial based on that. THE COURT: MR. KING: Response? 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: overruled. Okay. All right. Objection

Motion is denied. And the jury wants to take a

MR. LENAMON: break, Judge.

(The following took place within the presence and hearing of the jury:) 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 JOY HAYES & ASSOCIATES (352) 726-4451

33 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 know. 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 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 He told you clear, And he told

responsible for his choices.

objective actions in subduing Heather.

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: THE COURT: denied. MR. KING: They did not even receive the Motion. Continuing objection. Motion

Objection overruled.

JOY HAYES & ASSOCIATES (352) 726-4451

34 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 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: THE COURT: denied. MR. KING: choices. But at that he still made his own Objection. Continuing motion. Motion

Objection overruled.

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. MR. LENAMON: THE COURT: denied. MR. KING: She didn't hear the phone calls Objection. Continuing motion. Motion

Objection overruled.

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 -MR. LENAMON: Objection. Motion.

JOY HAYES & ASSOCIATES (352) 726-4451

35 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 THE COURT: denied. MR. KING: So what is the value of her Objection overruled. Motion

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. MR. LENAMON: THE COURT: denied. MR. KING: And you remember too, that he was Objection. Continuing motion. Motion

Objection overruled.

-- part of his PowerPoint was the colored brain and methamphetamine users and how their brains were JOY HAYES & ASSOCIATES (352) 726-4451

36 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 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. then what did you find out? But

That exact same test

that was used to create the demonstration of the brain, he asked for -MR. LENAMON: THE COURT: is denied. MR. KING: But he never got it. Objection. Continuing motion. Motion Objection. Continuing motion. Motion

Objection is overruled.

MR. LENAMON: THE COURT: is denied. MR. KING:

Objection is overruled.

Because his attorneys decided what

he was to get to rely upon for his opinion. MR. LENAMON: THE COURT: MR. KING: Objection. Overruled. So you have to consider how Pretrial motions.

valuable is that opinion. And then Dr. Steven Gold who was the trauma expert, the post-traumatic stress disorder, JOY HAYES & ASSOCIATES (352) 726-4451

37 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 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. 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 That's what he said when he got

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 You got to

said and what he was talking about.

hear about his -- the true nature of his relationships as he talked at length with Emilia JOY HAYES & ASSOCIATES (352) 726-4451

38 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 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. JOY HAYES & ASSOCIATES (352) 726-4451

39 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 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. those things. Carr what? You heard all of

You heard him then telling Emilia

I've got to be kissing her butt because I've got to do that.

she can get me out of jail.

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. JOY HAYES & ASSOCIATES (352) 726-4451

40 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 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. mad yet. You know the true extent of his abilities to think and reason. You don't need somebody else to I don't want to make her

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: THE COURT: MR. KING: Objection; pretrial motion. Overruled. Motion denied.

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. JOY HAYES & ASSOCIATES (352) 726-4451

41 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 CCP is clear. And that aggravator along in

the course of a kidnapping aggravator raises the seriousness -MR. LENAMON: THE COURT: denied. MR. KING: Because those -- that's what Now, the other Objection. Objection overruled. Motion

aggravating factors are.

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. JOY HAYES & ASSOCIATES (352) 726-4451

42 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 Judge. MR. LENAMON: I have an objection to this,

Can we come sidebar?

(Conference at the bench without the hearing of the jury, as follows:) THE COURT: talked about? MR. LENAMON: Yes, sir. I'd like the record We can do that It's different than what we

to note exactly what he's doing.

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: what's being done. All right. Well, I'll state

Objection is overruled.

(The following took place within the presence and hearing of the jury:) 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.

JOY HAYES & ASSOCIATES (352) 726-4451

43 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 life? MR. KING: by foot. And she's bound by hand and then She

And then she's bound to the chair.

hears, in the dark, the unrolling of the tape as it's put around her body. that chair. And she's confined in

And all of those thoughts and ideas

about her ten, eleven years with Joshua Fulgham are right there. MR. LENAMON: on the HAC. Objection to separate notation

Motion, Judge. Objection overruled. Motion

THE COURT: 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. to me. I'm claustrophobic. Don't do this

Please let me go. And what is the response to that begging for The response is a yellow Dollar General And again,

store bag pulled down over her head.

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, JOY HAYES & ASSOCIATES (352) 726-4451

44 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 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 You know that that was true. You know

the tape.

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. it's prolonged. But if they can get air in any way 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. out. He planned this all

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 JOY HAYES & ASSOCIATES (352) 726-4451

45 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 Judge. THE COURT: denied. MR. KING: weight. MR. LENAMON: THE COURT: denied. MR. KING: You can each decide that for Objection. Motion, Judge. Motion And that's how you give them Objection overruled. Motion 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. counting. It's not. It's not just

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,

Objection overruled.

JOY HAYES & ASSOCIATES (352) 726-4451

46 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 yourself. The law actually contemplates that you You

will make an individual decision of weight.

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: Motion. THE COURT: denied. MR. LENAMON: Judge, can we come sidebar? Objection overruled. Motion Objection to simply, Judge.

I'd like to turn the screen so we can put it into the record. (Conference at the bench without the hearing of the 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. JOY HAYES & ASSOCIATES (352) 726-4451

47 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 jury. He's undermining the law in front of this And that's an inaccurate statement of what I move for mistrial. Motion is denied.

the law is.

THE COURT:

(The following took place within the presence and hearing of the jury:) 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. have to. You can find the aggravating You don't

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: completely true. THE COURT: denied. MR. KING: And that's what this is about. A lot Objection. That's not

Motion, Judge. Objection overruled. Motion

You can look at this and say I choose mercy.

of times they call it choosing life over death. And you can do that. JOY HAYES & ASSOCIATES (352) 726-4451

48 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 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: THE COURT: MR. KING: Motion, Judge. Motion denied. 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. THE COURT: MR. LENAMON: Just five minutes? THE COURT: MR. LENAMON: THE COURT: MR. LENAMON: THE COURT: Do you want to start now? Yeah. I'd rather get going. All right. I'm ready to start, Judge. Thank you.

Very well. If I can have five minutes? 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. sat down in the chair. Mr. King

Prior to doing that he was

JOY HAYES & ASSOCIATES (352) 726-4451

49 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 back. THE COURT: It's 12:05. pulling some duct tape off the roll of the duct tape. The jury could hear him doing that. taped the left arm of the chair. the chair. He duct

He sat down in

He then got up and he duct taped The

several times around the chair back itself. jury could hear him doing that.

He also stood up. He did not

He took the yellow Dollar General bag.

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: THE COURT: Thank you, Judge. 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. the jury. (A recess was taken.) (Jury present.) Okay. All right. Our jury is I noted no visible reaction on the part of

Now, Mr. Lenamon is going to Please give him Counsel, go

give his closing argument to you. your full attention. All right.

JOY HAYES & ASSOCIATES (352) 726-4451

50 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 ahead, sir, whenever you're ready. MR. LENAMON: a long time coming. Good afternoon. This has been

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 JOY HAYES & ASSOCIATES (352) 726-4451

51 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 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. reason that you are here. There was a

I chose you knowing that I

my client was responsible for killing his wife. 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

JOY HAYES & ASSOCIATES (352) 726-4451

52 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

53 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

54 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 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, They really want to They really

I really like that person.

hear the credentials of the experts. 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. JOY HAYES & ASSOCIATES (352) 726-4451

55 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 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 We are all very angry at

angry at Josh Fulgham. what he did.

We are all very angry at the We are all

senseless death of his beautiful wife.

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. The truth is what the truth is. That is the truth. 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. confuses responsibility and acceptance of responsibility and the ability to do something. confuses that with cognitive dysfunction, post-traumatic stress abuse. He confuses that He He

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 JOY HAYES & ASSOCIATES (352) 726-4451

56 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 Josh. 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. dysfunctional. All of these people were

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. (Demonstrating.) This is

This is

JOY HAYES & ASSOCIATES (352) 726-4451

57 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 before we even get to Mississippi. is. This is who he

The prosecutor has the nerve to get up there It doesn't matter

and says, oh, it doesn't matter. what happened before. happened. matter. But it does. reason.

Doesn't matter how it

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

And it does because of this

And we are going to get back to this in I just want to leave you Giving the prosecutor

more detail after lunch. something to think about.

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 JOY HAYES & ASSOCIATES (352) 726-4451

58 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 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 But

he's responsible.

He said he was responsible.

showed great remorse with his responsibility. 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 JOY HAYES & ASSOCIATES (352) 726-4451

59 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 a bastard baby, beat his mother. From that moment, that's not his fault. it his fault that his mother beat him? fault that his mother kicked him? that his father did the same? Is

Is it his

Is it his fault

Is it the fault that Is that

his mother let him get that done to him? 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: rule argument. THE COURT: MR. LENAMON: Sustained. If was it me and somebody in Your Honor, object to the golden

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

JOY HAYES & ASSOCIATES (352) 726-4451

60 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 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? course they are. 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 Of

And that's why we brought these

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?

JOY HAYES & ASSOCIATES (352) 726-4451

61 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 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. boyfriend of Emilia Carr. girlfriend of Josh Fulgham. Folks, there's a banjo playing here. what we're hearing. people. These are dysfunctional That's And he was the

Now Emilia Carr is the

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. JOY HAYES & ASSOCIATES (352) 726-4451

62 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 to be. 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. Fulgham. Let's be done. Let's just kill Josh

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

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: THE BAILIFF: Is it here yet? No.

JOY HAYES & ASSOCIATES (352) 726-4451

63 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 here. MR. LENAMON: So before we get to that point What do we know That's THE COURT: So we will tell you when it's

I want to talk about this case. from the first part of that case? 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 That's the first part of the

at the beginning. 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 I had no question in my mind. You did it quickly.

first-degree murder.

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

You did the right thing,

because he was guilty of first-degree murder, whether you found premeditation, there's evidence JOY HAYES & ASSOCIATES (352) 726-4451

64 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 of premeditation. I'm not going to dispute that. There's evidence of felony Felony murder is,

Or felony murder. murder. boom.

That's an easy one.

All you have to show is kidnapping in the That's felony murder.

course of and she dies. 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 After his conviction and

much more bigger context.

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 And

disvalue or discard Heather Strong in any way.

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 JOY HAYES & ASSOCIATES (352) 726-4451

65 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 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. applies. We're going to talk about how this

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. 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 JOY HAYES & ASSOCIATES (352) 726-4451 This

66 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 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. understand. I can

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 JOY HAYES & ASSOCIATES (352) 726-4451

67 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 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: MR. LENAMON: Yes, sir. Right there.

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

JOY HAYES & ASSOCIATES (352) 726-4451

68 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 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. impact. But going back to the victim And it says,

We were reading this.

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. why we spent three weeks. That's

That's why every ten

minutes I'm at that bench objection to something. It's my responsibility. I'm responsible for that

JOY HAYES & ASSOCIATES (352) 726-4451

69 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 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. vote for death, he gets death. If you

There's no question

JOY HAYES & ASSOCIATES (352) 726-4451

70 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 that. 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. it's natural. And the legislators, in their wisdom, knew They know that. And they also want to make That's our reaction because

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 JOY HAYES & ASSOCIATES (352) 726-4451

71 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 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. horrible, horrible thing. It's just a

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 And although they're

you got there at that moment.

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 JOY HAYES & ASSOCIATES (352) 726-4451

72 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 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 No, it doesn't

from the horror of any of this? 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. 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 Absolutely not. But those And

horror of her death?

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. JOY HAYES & ASSOCIATES (352) 726-4451 But there's

73 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 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. really a plan? to change? But is there Is this

Is this a momentary plan?

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. a higher level of premeditation. premeditation. It's

It's heightened

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? JOY HAYES & ASSOCIATES (352) 726-4451

74 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 Absolutely not. But does he have the same intent And is that

as someone who can cleverly do this?

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. volatile relationship. They had a

They didn't need to be

together, according to Ms. Chandler. They shouldn't have been together. together when they were very young. 17. They're both about the same age. They got

He was 16 or 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. the horror of this. But these are all things you have to JOY HAYES & ASSOCIATES (352) 726-4451 That doesn't take away from

75 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 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 Same trailer park

to another Eupora, Mississippi.

stuff that was going on in Eupora is going on in Boardman. You heard about the fish camp. You heard Why is

about Jamie and Ben and Emilia and the sex. all that important?

Why does the sex become so It became important

important in this case?

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 talked to doctors. We knew.

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. is not an excuse. This

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. going to die in prison. He's

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 JOY HAYES & ASSOCIATES (352) 726-4451

76 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 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. child. He's got a

At some point his wife gets pregnant again. And you've

They end up adopting the baby out. 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. terms of damage. This is just talking in

Just to show you where we're

talking about damage -- and this is real kind of circumstantial. Some of you may go, yeah, I What is he talking about?

thought about this. Think about it.

JOY HAYES & ASSOCIATES (352) 726-4451

77 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 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. That was their relationship. relationship. Second call, Oh, Emilia, blah, blah, blah. love you. I love you too, I think. Broken I I love you.

That's a 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. children. It's possible he married her for the It's

That's a mitigating circumstance.

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 JOY HAYES & ASSOCIATES (352) 726-4451

78 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 aggravating circumstances. THE COURT: MR. LENAMON: THE COURT: Counsel? Yes. 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: THE COURT: Yes, sir. All right. Thank you. 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. Thank you. We will start

Put your pads down. All right. back up at 2:00.

The jury is out.

(A recess was taken.) 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 I just think we

in the way that he did earlier. ought to avoid that.

I don't know that he's going to do it anymore. JOY HAYES & ASSOCIATES (352) 726-4451

79 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 THE COURT: Well, he filed a motion saying

the Golden Rule arguments were inappropriate, so I assume he meant that for himself as well. file it or did you file it? MR. LENAMON: THE COURT: I'm here. Don't make reference to the Did he

jurors anymore about -- I know you segued to the audience as opposed to the jurors -MR. LENAMON: THE COURT: MR. LENAMON: THE COURT: No problem, Judge. Let's kind of avoid that. Yes, sir. 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: THE COURT: Judge, the proffer? Just remind me when it's all done Okay. Bring the

and we will put the proffer in. jury in.

(The following took place within the presence and hearing of the jury:) THE COURT: back from lunch. All right. All of our jurors are

Mr. Lenamon is ready to proceed.

Please give Mr. Lenamon your undivided attention. He is going continue on with the closing arguments JOY HAYES & ASSOCIATES (352) 726-4451

80 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 for the defendant, Mr. Fulgham, in the penalty phase. Go ahead, Counsel. MR. LENAMON: Thank you, Judge. What I want to talk about a

Good afternoon.

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

JOY HAYES & ASSOCIATES (352) 726-4451

81 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

82 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 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. JOY HAYES & ASSOCIATES (352) 726-4451

83 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

84 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

85 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 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. that. You just look to the weight of

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. 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 This is heightened form of

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. JOY HAYES & ASSOCIATES (352) 726-4451

86 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 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. 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 I

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. JOY HAYES & ASSOCIATES (352) 726-4451

87 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 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 I mean,

you can't put all the pieces together.

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 JOY HAYES & ASSOCIATES (352) 726-4451

88 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 broken person. about broken. He's broken. He's broken. There's no question 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. JOY HAYES & ASSOCIATES (352) 726-4451

89 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 what? 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. of sexual abuse. issues. He was a victim

He was conflicted with boundary

And all this material was presented to me And although I can't say in my

by the doctors.

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 So you're

I'm going to give it some weight.

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. question there was a kidnapping here. Again, you're looking at the facts and circumstances. Did he stick her in a car, in the There's no

JOY HAYES & ASSOCIATES (352) 726-4451

90 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 trunk? You heard testimony from the State about They

something that happened five years before.

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. bad once, he must be bad now. 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? He was never arrested. situation. It never happened. He was

He did this once, he

It was a domestic

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. defensiveness. You heard his

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 JOY HAYES & ASSOCIATES (352) 726-4451

91 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 nurse. 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 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. 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

you have to find beyond a reasonable doubt that the aggravators exist, which I concede that they do. There's no question about that. what? And then you have to decide what weight you give each of these aggravators. Not only looking But so what? So

at the facts and circumstances of the actual event, JOY HAYES & ASSOCIATES (352) 726-4451

92 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 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. to. So here's the aggravators. And we're going But the law says you don't have

to call this CCP, because it's pretty heavy and you decide what you're going to do with it. going to call this -- I'm sorry. Call this HAC, H-A-C. is kidnapping. So that's the weight, if you decide that's the weight you give it. at there. That's what you're looking We're

This is HAC. And this

And this is CCP.

You can give it whatever weight you You make

want, more or less, whatever you want. 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. JOY HAYES & ASSOCIATES (352) 726-4451

93 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 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 And who knows what

without hearing anything more.

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 You may be

how you decide to apply weight to it.

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. You don't ever have to find death. Mercy.

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 JOY HAYES & ASSOCIATES (352) 726-4451

94 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 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. you must. May. They never tell you

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. death. And they use the word must when they're talking about when there's mitigating circumstances, that if the mitigating circumstances JOY HAYES & ASSOCIATES (352) 726-4451 May recommend a sentence of

95 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 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 mitigating factors that the aggravating factors alone are not sufficient. They give you a number of ways, because they understand that this is forever. be reversed. ultimate. This is forever. This will never Your decision is

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 JOY HAYES & ASSOCIATES (352) 726-4451

96 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 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." important. This says "or." Now, here's what's

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 JOY HAYES & ASSOCIATES (352) 726-4451

97 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 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 Well, guess what? That That's

cause of this killing?

really doesn't matter under Florida law.

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. hypothetically, let's talk. So

Hypothetically, the I

circumstances is, I never called an expert. don't call Dr. Maher, a medical doctor, a

psychiatrist, who has testified in 50 different JOY HAYES & ASSOCIATES (352) 726-4451

98 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 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. about it in a few minutes. you. And we will talk And I present that to

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 JOY HAYES & ASSOCIATES (352) 726-4451

99 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 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' JOY HAYES & ASSOCIATES (352) 726-4451

100 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 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 And you know that Dr. Maher is

specialties.

probably the most eminently qualified, at least in terms of medicine, he's a medical doctor. psychiatrist. He can write prescriptions. He's a He can

treat people who are mentally ill with medicines and he does. doing that. He was the most eminently qualified. 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 He's He told you part of his practice is

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 JOY HAYES & ASSOCIATES (352) 726-4451

101 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 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. argument in this case. I didn't do the closing 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. JOY HAYES & ASSOCIATES (352) 726-4451

102 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 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. 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 That made him become who 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 JOY HAYES & ASSOCIATES (352) 726-4451

103 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 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

JOY HAYES & ASSOCIATES (352) 726-4451

104 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 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. value that she brings. This is the

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. she did. And she said

And I asked her that because we know that That's important. But we

Judy didn't do that for her son.

But this value you can take with you.

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. question about what that law is. Your recommendation has to be based on JOY HAYES & ASSOCIATES (352) 726-4451 There's no

105 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 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 There are certain

they heard from the courtroom. 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 JOY HAYES & ASSOCIATES (352) 726-4451

106 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

107 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 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. It's something

Remorse is a mitigating factor.

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. trying to protect himself. He was

And I had this

conversation with Detective Buie when he was on the stand during my cross-examination. themselves, they lie. person? People protect

Does that make them a bad We all lie. But

Maybe to some extent.

you have to decide what his lying -- what fueled his lying. Obviously self-preservation is probably JOY HAYES & ASSOCIATES (352) 726-4451

108 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 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. father is a mitigating factor. 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. Loving

We are going to go

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 He was remorseful in his As a

that you can consider. statement.

You heard the phone conversation.

matter of fact, can you play that phone conversation real quick? Sorry. This is a phone He

conversation after he confessed to the police. calls his mother. that. (Whereupon, an audio recording played.) JOY HAYES & ASSOCIATES (352) 726-4451

And I just want you to listen to

109 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

110 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 sentence. sentence? Is a death sentence easier than a life That's something you're going to want to That's something

consider in your determination.

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. some children with Larry. She has

And as some point

there's this volatile relationship that's kind of existing and is going around and around. wonder how Josh became who he became. One of the things you really have to consider JOY HAYES & ASSOCIATES (352) 726-4451 And you

111 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 is -- and I think Dr. Gold had talked about this and even Dr. Maher, who was his examples? he see? Larry Fulgham was an example. What did

This is an And you

individual who broke Judy Chandler's jaw.

looked at her teeth, he knocked out her teeth, she has false teeth. That's the kind of father he grew That was his first father,

up in, the environment.

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 Do

what do you think happened as a result of that? 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 JOY HAYES & ASSOCIATES (352) 726-4451

112 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 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. and fourth grade he failed. Third

Two grades he was held

JOY HAYES & ASSOCIATES (352) 726-4451

113 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 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. he ultimately drops out. intermittently. And what happens is

After that, he goes back

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. like the guessing game. This is not

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. ultimately meets Heather. Now, before he meets Heather, he's got head injuries, left and right. He's got a head injury And then he

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 JOY HAYES & ASSOCIATES (352) 726-4451

114 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 age and he suffers a head injury then. busts his head on a four-wheeler. Again at 14, he has an accident in a Blazer that he's driving. 14 years old. bike. His mom bought him a Blazer at At 14 he

At 14 he has an incident on a dirt

And then when he's 19 or 20, Heather hits We have,

him in the head with a cinder block.

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. trying to hold a job. They start dating. He's

He ends up meeting Heather.

She moves away from her home, They meet at the

moves in with him and his mother.

Traceway store in this small town of Eupora. And what starts in the relationship? volatile. It's

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 JOY HAYES & ASSOCIATES (352) 726-4451

115 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 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. it caused her. You saw the trauma that And you saw her

You saw her cry.

responses and how she was shaking. And you heard how he tried to minimalize that with Dr. Maher. He has it buried deep inside. And

These are the things that make us who we are. this is no fault of his. him.

Somebody else did this to

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 JOY HAYES & ASSOCIATES (352) 726-4451

116 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 one to tell you, Josh was suffering from serious post-traumatic stress trauma. 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 And this is all

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 And

they leave and they come here in 2002, 2003.

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. JOY HAYES & ASSOCIATES (352) 726-4451

117 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 to go. 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 And I think there was some evidence that So remember

came out of why she left her house.

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 And you

that was really strange for us to hear. 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, They were, like,

what's going on, why is she here. we're just talking. JOY HAYES & ASSOCIATES (352) 726-4451

118 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 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. getting a little bigger. around. But here in 2008 it starts It starts to swirl

And what we have going on here in 2008 is So from

she leaves and she gets with Ben McCollum.

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 JOY HAYES & ASSOCIATES (352) 726-4451

119 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 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. 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. this other stuff. You didn't know about all It's all related to

That's where you started back in So by the time you

the first part of this case.

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 JOY HAYES & ASSOCIATES (352) 726-4451

120 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 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. married. They get

And it's not like they go to the justice And I know there was a conversation

of the peace.

where he said, I married her just because I wanted the kids. That may be true. It may

You can consider that as mitigation. 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 JOY HAYES & ASSOCIATES (352) 726-4451

121 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 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. only is on my client. Your focus

So the question then December 26, he's Seven days The

becomes, how is that important? marrying her.

He is marrying her.

later he's in jail.

What is that all about?

State got up here and -- they had this big conspiracy theory about how by the summer of 2008 he was conspiring to kill. 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. it. He acts out. He gets angry. And they explain He talks. So That's not what's going

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. JOY HAYES & ASSOCIATES (352) 726-4451

122 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 There was stuff going on here that is beyond even some of the expertise testimony that came out. 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. and then jail. Threesome and then marriage Talk We

Then talk about killing.

about before killing. going on.

I mean, there's just so much

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 JOY HAYES & ASSOCIATES (352) 726-4451

123 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 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: MR. LENAMON: Counsel? Yes.

(Conference at the bench without the hearing of the jury, as follows:) THE COURT: We're going to take about five

minutes for a break here. MR. LENAMON: THE COURT: Okay. We're going to take about five

minutes for a requested break from the jury. (A recess was taken.) THE COURT: Our court reporter is here and All right. We will

Mr. Fulgham is back present.

bring our jury back and listen to the conclusion of Mr. Lenamon's argument. JOY HAYES & ASSOCIATES (352) 726-4451

124 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 (The following took place within the presence and hearing of the jury:) 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. can use this individually or collectively or in clusters. Did not have the capacity to appreciate You

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 JOY HAYES & ASSOCIATES (352) 726-4451

125 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

126 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

127 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 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 poor judgment. This causes

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. aspect here. Impulsivity is an important

And you can -- there's circumstantial If you listen to

evidence in those phone calls.

those phone calls, his impulsive nature, how he goes from zero to 100 like this. lobe. JOY HAYES & ASSOCIATES (352) 726-4451 That's frontal

128 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 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. it's no fault of his. And that's something you can consider in mitigation on many levels. Lack of ability to form All those things that occurred

healthy relationships with women due to sexual abuse, suffers from severe paranoia, was never properly medicated before incarceration. he's taking medicine now. You heard

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. Maher. That was Dr.

Has genuine and love and affection for his That's a mitigating factor. These are

children.

all mitigating factors that legally you can use JOY HAYES & ASSOCIATES (352) 726-4451

129 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 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. JOY HAYES & ASSOCIATES (352) 726-4451

130 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 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. mentally retarded? Am I saying he's

Absolutely not. He worked as a

He can read, he can function.

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. JOY HAYES & ASSOCIATES (352) 726-4451

131 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 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. 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 It

look at the mitigating circumstances in this case JOY HAYES & ASSOCIATES (352) 726-4451

132 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 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. fault. prison. This murder is his

He is responsible and he should die in 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 JOY HAYES & ASSOCIATES (352) 726-4451

133 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 in prison without the possibility of parole, without the possibility of parole. THE COURT: argument. Thank you.

Thank you, Counsel, for your

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 But you will

than the first phase instructions.

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. pay attention. So please

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. JOY HAYES & ASSOCIATES (352) 726-4451

134 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 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. JOY HAYES & ASSOCIATES (352) 726-4451

135 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 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 You should use your common

evidence is reliable.

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 Five,

interest in how the case should be decided.

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, JOY HAYES & ASSOCIATES (352) 726-4451

136 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 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. JOY HAYES & ASSOCIATES (352) 726-4451

137 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 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 All of us are depending upon you

law in this case.

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. not on trial. Four, remember the lawyers are

Your feelings about them should not Five, it is

influence your recommendation.

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 JOY HAYES & ASSOCIATES (352) 726-4451

138 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 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. 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 It is

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 JOY HAYES & ASSOCIATES (352) 726-4451

139 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

140 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 defendant was engaged in the commission of any kidnapping. Two, the capital felony was especially heinous, atrocious or cruel. Heinous means Atrocious Cruel means

extremely wicked or shockingly evil. means outrageously wicked and vile.

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. JOY HAYES & ASSOCIATES (352) 726-4451 A

141 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 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 The

enough to allow reflection by the defendant.

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 JOY HAYES & ASSOCIATES (352) 726-4451

142 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

143 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 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. JOY HAYES & ASSOCIATES (352) 726-4451

144 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 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 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

JOY HAYES & ASSOCIATES (352) 726-4451

145 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

146 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

147 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 verdict. Sometimes it only takes a few minutes, It all

other times it takes hours or even days.

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: real quick? THE COURT: Yeah. Okay. Your Honor, may we approach

(Conference at the bench without the hearing of the jury, as follows:) THE COURT: MR. LENAMON: Did I misread something? 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.

JOY HAYES & ASSOCIATES (352) 726-4451

148 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 done. (The following took place within the presence and hearing of the jury:) THE COURT: Okay. So your service now is That

I have certificates of good service.

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. now discharged. Okay. At this time you are

As we talked about the last So what we will do, we

time, you 12 are the jury.

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 JOY HAYES & ASSOCIATES (352) 726-4451

149 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 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. just a process if you do. We will gather the Some of That's

evidence for you and bring back to you.

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 We will stay as long this If

instructions indicate.

afternoon or this evening as you need to stay.

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 JOY HAYES & ASSOCIATES (352) 726-4451

150 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 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: THE COURT: No. 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: THE COURT: They're still separate. Take these back to the jury. For

JOY HAYES & ASSOCIATES (352) 726-4451

151 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 again. Fulgham. the record, I'm handing Paul, the bailiff, 12 sets of jury instructions and the two choices of verdict forms. (A recess was taken.) THE COURT: Okay. We're back on the record

This is State of Florida vs. Joshua Mr. Fulgham is present in the courtroom. I've been

Counsel for both parties are present.

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 following took place within the presence and hearing of the jury:) THE COURT: All 12 of our jurors are back. I understand that the jury So if you will give

Everybody is present.

has reached their verdict.

that -- hand that to Pete and let me look at it and we will publish it. and publish. THE CLERK: The State of Florida vs. Joshua Okay. All right. Go ahead

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 JOY HAYES & ASSOCIATES (352) 726-4451

152 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 Clerk. April, 2012, signed by the foreperson. THE COURT: Okay. All right. Thank you, Madam

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: THE COURT: I agree.

And do you, Ms. Hester, 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. HESTER: THE COURT: I agree. 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: THE COURT: I do. Okay. Mr. George, do you agree

JOY HAYES & ASSOCIATES (352) 726-4451

153 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 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: THE COURT: Yes. 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: THE COURT: Yes, sir.

Do you, Mr. Otero, 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? MR. OTERO: THE COURT: Yes, sir. Do you, Mr. Reed, 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? MR. REED: THE COURT: Yes, sir. Do you, Ms. Shocker, 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. SHOCKER: THE COURT: Yes, sir. Do you, Ms. Blackburn, agree and

JOY HAYES & ASSOCIATES (352) 726-4451

154 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 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. BLACKBURN: THE COURT: Yes.

Do you, Ms. Sauer, 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. SAUER: THE COURT: Yes, sir. Do you, Ms. Citra, 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. CITRA: THE COURT: I agree. 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: THE COURT: I agree. Very well. Okay. All right.

Well, ladies and gentlemen of the jury, I thank you for your time and consideration of this case. also wish to advise you of some very special privileges enjoyed by the jurors. No juror can I

ever be required to talk about the discussions that JOY HAYES & ASSOCIATES (352) 726-4451

155 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 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 JOY HAYES & ASSOCIATES (352) 726-4451

156 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 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. JOY HAYES & ASSOCIATES (352) 726-4451

157 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 now? MR. LENAMON: I think it would save a lot of THE COURT: and effort. Thank you so much for your time

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: do you need? MR. LENAMON: Judge, it's my belief, based on Okay. All right. How much time

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

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 JOY HAYES & ASSOCIATES (352) 726-4451

158 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 here. THE COURT: I understand. I know -- I think 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 We have to collect And

sheet on the kidnapping count.

all the information that's necessary for that. I think that that will just take a little bit of time. MR. LENAMON: THE COURT: That's fine.

I guess your client has no prior He waives PSI? He waives PSI. And do you need to

criminal felony record? MR. LENAMON: THE COURT:

No, sir. All right.

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: MR. LENAMON: Okay. We will do that.

If I'm available, I will be

you have other cases you were telling me about or suggesting. But Mr. King is inferring and -- I'm JOY HAYES & ASSOCIATES (352) 726-4451

159 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 Judge. kind of understanding what you're saying. need to get your paperwork together. MR. KING: Yes, sir. We just need to get the You just

paperwork together to get the restitution figure, all of those kinds of things that have to be a part of the judgment. THE COURT: Very well. That's fine, sir. All right.

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 If they don't have any quarrel

and Mr. Lenamon.

with it, then we will proceed forward. MR. LENAMON: MR. KING: Thank you, Your Honor.

Thank you, Your Honor. Pleasure appearing before you,

MR. LENAMON:

Thank you, Judge. THE COURT: Okay.

(The proceedings were concluded at 5:32 p.m.)

JOY HAYES & ASSOCIATES (352) 726-4451

160 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 KATRENIA L. HORISKI, RPR, FPR STATE OF FLORIDA COUNTY OF MARION C E R T I F I C A T E } }

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.

JOY HAYES & ASSOCIATES (352) 726-4451

1 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

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

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,

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

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

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

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

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

JOY HAYES & ASSOCIATES (352) 726-4451

2
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 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,

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,

JOY HAYES & ASSOCIATES (352) 726-4451

3
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 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 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,

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

JOY HAYES & ASSOCIATES (352) 726-4451

4
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, 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,

JOY HAYES & ASSOCIATES (352) 726-4451

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 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,

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

JOY HAYES & ASSOCIATES (352) 726-4451

6
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, 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

JOY HAYES & ASSOCIATES (352) 726-4451

7
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 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, 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,

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

JOY HAYES & ASSOCIATES (352) 726-4451

8
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 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 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,

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,

JOY HAYES & ASSOCIATES (352) 726-4451

9
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, 127:6 134:4, 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 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, 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,

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,

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,

JOY HAYES & ASSOCIATES (352) 726-4451

10
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] 97:22 146:15, 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, 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

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,

JOY HAYES & ASSOCIATES (352) 726-4451

11
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 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, 142:7 156:4, 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

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,

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,

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,

JOY HAYES & ASSOCIATES (352) 726-4451

12
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, 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

JOY HAYES & ASSOCIATES (352) 726-4451

13
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, 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,

JOY HAYES & ASSOCIATES (352) 726-4451

14
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 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 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

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

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

JOY HAYES & ASSOCIATES (352) 726-4451

15
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, 136:11 119:19, 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 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,

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,

JOY HAYES & ASSOCIATES (352) 726-4451

16
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, 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,

JOY HAYES & ASSOCIATES (352) 726-4451

17
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, 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

JOY HAYES & ASSOCIATES (352) 726-4451

18
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 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, 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] -

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,

JOY HAYES & ASSOCIATES (352) 726-4451

19
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 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,

JOY HAYES & ASSOCIATES (352) 726-4451

20
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 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,

JOY HAYES & ASSOCIATES (352) 726-4451

21
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 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 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 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

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,

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

Y
y'all [3] - 5:9, 5:19, 109:15 yard [1] - 53:16

JOY HAYES & ASSOCIATES (352) 726-4451

Похожие интересы