THE COURT: Are we ready to proceed, Mr. Philips?
MR. PHILIPS: Yes, your Honor.
DIRECT EXAMINATION
BY MR. PHILIPS:
Q. Tell us, Mr. Tyler, why did you strike
Mr. Bartholomew twice with a stick and then a third time?
A. I was attempting at first to defend myself. Then
he kept advancing and wouldn't stop. I saw the knife and
became scared, so I decided right then it was him or me.
MS. DELANEY: I object, the witness is answering as
to a state of mind.
THE COURT: Sustained.
Q. When you hit Mr. Bartholomew the first time, were
you hoping to deter his advances and throw him off guard?
A. Yes.
Q. Why did you hit him a second and then a third time?
A. He kept coming at me and he was slashing at me with
the knife.
MS. DELANEY: Objection, the witness is
volunteering information not asked for in the question.
THE COURT: Mr. Taylor, please try to limit your
responses to the precise question that is posed to you.
Objection sustained.
MR. PHILIPS: I will try it a different way.
Q. You said Mr. Bartholomew kept coming at you. Did
you take the knife away from him?
A. No. His wife, Darla, was able to get it away from
him somehow.
MS. DELANEY: I move that the unresponsive portions
be stricken, your Honor.
THE COURT: Yes. The jury will disregard the
nonresponsive portions of the answer.
Q. Did she give the knife to you?
A. No, Darla gave the knife to her son, Dave.
Q. Did you see what Dave did with the weapon, the
knife?
A. No.
Q. Describe the knife, to the best of your
recollection.
A. Well, it had a wooden handle. The total knife was
about ten to twelve inches in length, the blade being about
six or seven inches long.
Q. Have you ever seen a knife of this type before?
A. Yes. It looked like a butcher knife or carving
knife.
Q. Mr. Taylor, please try to tell us the type of
clothing you were wearing on the night of this confrontation
with Mr. Bartholomew.
A. I had on jeans, a leather vest, boots and a
T-shirt.
Q. Were you wearing gloves that night?
A. No, my riding gloves were in my back pocket.
MR. PHILIPS: Your Honor, I would like to bring
People's Exhibit 1 to the stand and examine all of the
contents of that box with the witness, Mr. Taylor.
THE COURT: Have you previously examined the
contents of this box, Ms. Delaney?
MS. DELANEY: Yes, I have, your Honor.
THE COURT: All right, Mr. Phillips, you may
proceed.
Q. Turning your attention to this cardboard box,
Mr. Taylor, I will begin to remove each of the items one by
one. Could you please tell us what this is?
A. Yes. That is my T-shirt.
Q. Prior to the time of this assault by
Mr. Bartholomew, was this cut present on the back portion of
this T-shirt?
A. No, it was not.
MR. PHILIPS: Your Honor, I would like to offer
this in evidence as People's A1. 1A, excuse me.
MS. DELANEY: No objection, your Honor.
MR. PHILIPS: The T-shirt will be received as
People's 1A, your Honor?
THE COURT: Yes, it will.
Q. Mr. Taylor, are these the pants that you had on on
that date?
A. Yes, they are.
Q. These pants or jeans appear to have a rip at the
top. Was that rip there prior to the assault?
A. No.
Q. Was this brown stain, which appears to be blood, on
here prior to the assault?
MS. DELANEY: Objection. Mr. Philips is putting
his interpretation on what the brown stain appears to be.
THE COURT: I will allow it. Overruled. Can you
answer the question?
THE WITNESS: I don't remember the question, your
Honor.
THE COURT: Mr. Philips, please repeat the
question.
Q. Was this brown stain which appears to be blood on
here prior to the assault?
A. No.
MR. PHILIPS: I will offer these in evidence as
People's Exhibit 1B.
THE COURT: Ms. Delaney?
MS. DELANEY: No objection.
THE COURT: Received in evidence as People's 1B.
Q. What is this item?
A. That is my vest.
Q. Again, referring to the torn portion on the back,
surrounded by blood stains. Was that vest torn and stained
prior to the day of this assault?
A. No.
MR. PHILIPS: Your Honor, I will offer this vest as
People's 1C.
MS. DELANEY: No objection.
THE COURT: It will be received in evidence as
People's Exhibit 1C.
Q. After this assault, what occurred, to the best of
your recollection?
A. I was taken to the hospital by the New York City
EMS.
Q. Were you accompanied by anyone else to the
hospital?
A. No.
Q. Was anyone else at the scene of this attack taken
to the hospital?
A. Not to my knowledge. I was in shock, though. I
wouldn't really remember.
MS. DELANEY: I request that the jury be instructed
to disregard the nonresponsive portions.
THE COURT: The jury will so disregard everything
after "not to my knowledge".
MR. PHILIPS: No further questions.
THE COURT: Ms. Delaney?
MS. DELANEY: Thank you, your Honor.
CROSS EXAMINATION
BY MS. DELANEY:
Q. Mr. Taylor, would you consider yourself and
Mr. Bartholomew friends?
MR. PHILIPS: Objection, irrelevant.
THE COURT: Overruled.
A. No.
Q. How long have you known Mr. Bartholomew?
A. For over three years.
Q. How is it that you know him?
A. Through local government in the City of New York.
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