BY MS. MURPHY:
Q. By 9:00, when you got on that ferry boat, it
would be fair to say that you were fatigued?
MR. NELSON: Objection, Judge.
THE COURT: Sustained. Well, how were you
feeling then? You can ask that.
Q. How were you feeling then?
A. I was feeling fine, better than I am now.
Q. Okay, but after being up for more than twelve
hours, going to work, going to school, you were tired,
weren't you?
A. No, I was used to the routine.
Q. And you got on that ferry boat and you sat
down -- incidentally, had you been taking that 6 p.m.
class often?
A. It was once a week on a Friday.
Q. Were you there other classes that you took?
A. Yes, there were.
Q. How many times had you been to that class
before August 17th, if you recall?
MR. NELSON: Objection as to relevancy, your
Honor.
THE COURT: Overruled. She said it was part
of her routine.
A. That summer of 1990, probably about twenty
times.
Q. All right, so that about twenty times, twenty
Friday evenings, you got on the 9:00 boat, you got off at
about 9:30 and you got on the S46 bus to come home is that
right?
A. Yes.
Q. So it would be fair to say that you were a
regular on the S46 bus at about 9:30 on Friday nights?
A. Yes.
Q. And when you got on the bus, did you
recognize the bus driver on August 17th of 1990?
A. No, I didn't.
Q. You had never, never seen that bus driver
before?
A. No.
Q. As you sit here today, can you tell us what
he looked like?
A. Yes, I could.
Q. But he is not a person you had seen ever
before, is that what your testimony is?
A. Yes, that is my testimony.
Q. So that was the first time that bus driver
was driving that bus, as best you recall?
A. Yes.
Q. At that time of night?
A. It wasn't the regular bus driver.
Q. Okay, now, you got on the bus and you sat
down, correct?
A. Yes.
Q. Incidentally, there were about twenty people
who were also on the ferryboat waiting to get on that bus
at the ferry terminal, weren't there?
A. Yes.
Q. And you recognized more than just the three
persons you've described here as having been on that boat
that evening, right?
A. Yes.
Q. In fact, it would be fair to say you
recognized -- recognized all twenty as having been on the
boat, right?
MR. NELSON: Objection, leading the witness.
THE COURT: No, overruled. Answer the
question as best you can.
A. No.
Q. About how many?
A. Say about fifteen.
Q. And those fifteen people, some of them you
knew as passerbys from your neighborhood?
A. No.
Q. You knew some of them from traveling often at
this time of day on a Friday?
A. No, I didn't.
Q. Well, how is it that you recognized them?
A. They were on the boat with me.
Q. And that's the sole basis of how you
recognized them, they were on the boat with you that
night?
A. Yes.
Q. Those other twenty?
A. Yes.
Q. And they got on the bus with you, right?
A. Uh-huh.
THE COURT: Is that yes?
THE WITNESS: Yes.
THE COURT: Thank you.
Q. When you got on the bus, you sat down, and
you sat down as you walked down the aisle towards the back
towards the right before you got to the back door,
correct?
A. Yes.
Q. And it's your testimony that Ada Marks sat in
the very back of the bus with his back facing the back of
the bus, is that right?
A. Yes.
Q. Okay, and there is no question in your mind
that that's where he sat?
A. No.
Q. You're absolutely certain?
A. Yes.
Q. Did he switch seats during the ride?
A. No.
Q. Did he remain seated the entire time until
the bus came to a stop at Castleton and Broadway, isn't
that right?
A. Yes.
Q. And it's at Castleton and Broadway that you
say he got up and got off the bus behind Ken Tyler, right?
A. Yes.
Q. Incidentally, that bus at Castleton and
Broadway, that bus pulled right up to the curb and pulled
up to the bus shelter, that is the bus stop on Castleton
Avenue, didn't it?
A. Yes.
THE COURT: I think that's Plaintiff's 1 you
are holding, Mr. Murphy.
MS. MURPHY: Yes, it is, your Honor.
THE COURT: Okay.
Q. Would it be fair to say that the front of
that bus, the front door pulled right up to a where a
person might be standing in the bus shelter?
A. Yes.
Q. Would you please mark with this red pen that
I am holding where on the bus shelter on Castleton Avenue
the front door of the bus would have been?
THE COURT: Let the officer get that.
MS. MURPHY: Yes, your Honor.
THE COURT: You want to put an F for front
door?
MS. MURPHY: How about an FD for front door.
THE COURT: FD for front door.
MS. MURPHY: Thank you, Judge.
THE COURT: All right, show it to the jury.
MR. NELSON: I would also like to take a look
at that, your Honor.
THE COURT: Of course.
MR. NELSON: Thank you. Okay.
Q. That bus pulled right up to the curb, did it
not?
A. At the shelter, yes.
Q. And you, because of where you were seated,
were able to see the sidewalk immediately outside the back
door, right?
A. Yes.
Q. And as people walked out of the bus from the
back door on August 17th of 1990, they stepped right on to
the sidewalk, didn't they?
A. Yes.
Q. Now, how many people were on that bus as it
pulled out of that bus shelter at the ferry boat terminal
that night?
MR. NELSON: Objection. She already
testified that fifteen people were on the bus.
MS. MURPHY: No, that's not the testimony.
THE COURT: I believe the testimony was that
fifteen people from the ferry boarded the bus at the same
time she did.
MR. NELSON: I stand corrected, your Honor.
Q. So can you tell us how many people were on
that bus as it pulled out of that bus shelter at the ferry
boat terminal that night?
A. Approximately fifteen to twenty people.
Q. And those people all sat down, did they?
A. Yes.
Q. There were no persons standing?
A. No.
Q. Then the bus pulled up and around to the
large shelter here on Bay Street, didn't it?
A. Yes.
Q. Did more people get on there?
A. I don't recall.
Q. And the bus then proceeded down Bay Street
and made a right hand turn on Victory and went up Victory,
didn't it?
A. Yes.
Q. As it went up Victory, it made several stops
didn't it?
A. No, did not.
Q. Did not?
A. No.
Q. You testified before the Grand Jury that
that's where this man got on, right?
A. Yes.
Q. And you were absolutely certain at that time
in December of '93 that he got on at that location,
weren't you?
A. Excuse me, December of '93?
THE COURT: You testified in front of the
Grand Jury. Do you recall doing this December of '93?
THE WITNESS: Yes.
Q. And you said he got on at that location?
A. Yes.
Q. But back in August of '90 when you were first
interviewed within hours of the event, it's a fact, is it
not, that you told the detectives that you did not hear or
see Ken enter the bus, but you know he didn't get on at
the ferry terminal.
A. I did not say that.
Q. Do you recall that that's what you said to
the detectives in August of '90?
A. I don't recall that.
MS. MURPHY: May I approach the witness, your
Honor?
THE COURT: Yes.
MS. MURPHY: Thank you.
Q. I'm going to ask you to read a portion of the
Grand Jury minutes where it says this. Could you read
that to yourself, please?
THE COURT: Yes, read it to yourself. Let us
know when you are finished.
A. I am finished.
THE COURT: Does that refresh your
recollection as to what you might have said to the
detectives?
THE WITNESS: No, it doesn't.
Q. But you do acknowledge you were interviewed
extensively by detectives on August 17th at about
midnight, just hours after the event?
A. Yes.
Q. And that doesn't refresh your recollection
about what it is you told them then?
A. No.
Q. Your memory of the events that occurred in
August of 1990 didn't improve over time, did they? Your
memory of the events aren't better today than they were in
August of '90, are they?
MR. NELSON: Objection. Argumentative.
THE COURT: Overruled.
A. No.
Q. In fact, you don't know where Ken Tyler got
on the bus, do you?
A. He got on at Victory and Montgomery.
Q. And the first time you told anybody that, was
in December of 1993, isn't that correct?
A. I don't recall when the first time I told
anyone that.
Q. Well, when do you think the first time you
told that to detectives was?
MR. NELSON: Objection.
THE COURT: Sustained as to the form of the
question.
Q. Did you believe you told the detectives all
of the important things about what happened in August of
1990?
MR. NELSON: Objection.
THE COURT: Sustained.
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