DIRECT EXAMINATION
BY MR. PHILIPS:
Q. Mr. Townsend, what is your occupation?
A. I am a corrections officer.
Q. Sir, how long have you been a corrections
officer?
A. Let's see. For approximately ten years.
Q. In the last year, have you had occasion to
see in the course of your duties as a correction officer,
the defendant, Daniel Elmore?
A. Yes, I have.
Q. And will you tell us where you have seen
Mr. Elmore and under what circumstances?
A. Yes, in the last year, I have been assigned
duty at the main jail facility in Riverhead.
MS. DELANEY: Your Honor, that is not what
Mr. Phillips asked the witness.
THE COURT: Please answer the questions put
to you, Mr. Townsend.
A. Okay, sorry, your Honor.
Q. What has your contact been with Mr. Elmore?
A. I have had contact with Mr. Elmore through my
work in the main jail facility when I work in the minimum
security area where he is housed. I have had
conversations with him.
MS. DELANEY: Objection.
THE COURT: Overruled. Mr. Townsend, will
you explain what the minimum security area is in the jail?
THE WITNESS: Yes. The minimum security area
in the jail is basically made up of four sections;
Sections A, B, C and D. Section C is where Mr. Elmore is
housed. It has dorm areas where you will find anywhere
from, usually ten to sixteen inmates in a dorm. There is
rec room for every 40 to 60 inmates. There is a special
area for trustees.
Q. So Mr. Elmore was housed in Section C?
A. Yes, he was.
THE COURT: Is he currently housed there?
THE WITNESS: Yes, that's my understanding.
Q. Okay, and are you still in Section C?
A. Yes, I am, but I do move all around the jail.
The guards are assigned to various decks on an alternating
three day basis to make sure our job doesn't get really
boring, so I may work Section C once a week and then again
I may not work it for a week. The change helps the jail
personnel to keep on top of things.
MR. PHILIPS: Your Honor, I would appreciate
an instruction to the witness that he confine his answers
to what was asked.
THE COURT: Yes, Mr. Townsend please just
answer the questions posed.
THE WITNESS: Okay.
Q. In the course of your work, have you had
occasion to talk to Daniel Elmore?
A. Yes, I have.
Q. What did you talk about?
MS. DELANEY: Objection. Vague.
THE COURT: Sustained.
Q. Did he ever talk to you about his family?
A. I don't remember.
Q. Okay, you don't recall. Did you ever have
any problems with Mr. Elmore while he was in jail?
MS. DELANEY: Objection. What does he mean
by "problems"?
THE COURT: Sustained. Mr. Phillips, be
specific.
Q. Well, have you found him to be cooperative,
respectful or dutiful or what?
A. In my experience in working in the jail and
having had contact with Mr. Elmore, I have had no real
problems. He has always done everything that I have asked
him to do.
Q. Has he done it willingly or has he exhibited
any hostility?
MS. DELANEY: Objection. Calls for
speculation.
THE COURT: Overruled. You may answer, sir.
A. He has always helped me willingly.
Q. Do you know an inmate or did you know an
inmate by the name of Thomas Porter?
A. Yes, I did know Mr. Porter.
Q. Okay and was Mr. Porter housed in the same
dormitory with Mr. Elmore?
A. Yes, he was.
Q. Did Mr. Elmore try to help Thomas Porter?
A. What do you mean by help?
MS. DELANEY: Objection, your Honor. The
question is vague.
MR. PHILIPS: I will rephrase the question.
THE COURT: Okay, continue Mr. Philips.
Q. Did Mr. Elmore exhibit concern and respect
when dealing with Thomas Porter?
THE COURT: As you may have observed.
A. Yes, it's my understanding that in observing
them, that they had a pretty strong relationship as far as
respect and caring for each other.
Q. Was it a brother-type relationship?
MS. DELANEY: Well, your Honor, what does
that mean? I will object.
THE COURT: No, I will allow it.
A. Well, yes, there would be respect, caring and
concern.
Q. Do you know whether or not Daniel Elmore kept
in touch with his family?
A. I don't have any knowledge of that.
Q. Did he talk to you about his children or his
wife?
A. I don't recall.
Q. Can you think of anything else that you can
say on behalf of Mr. Elmore?
A. No, I can't.
MR. PHILIPS: No further questions at this
time.
THE COURT: Ms. Delaney, do you have any
cross-examination?
MS. DELANEY: Yes, your Honor, thank you.
CROSS-EXAMINATION
BY MS. DELANEY:
Q. I take it Mr. Elmore has been in a minimum
security area of Section C all of this time?
A. Yes, ma'am.
Q. He is in one of those areas in the prison
which in terms of the jail security has minimum
restrictions placed upon the behavior of the prisoners
upon what they can do, is that right?
A. That's right.
MS. DELANEY: May I have a moment, your
Honor?
THE COURT: We will take a five-minute
recess. Members of the jury, I remind you that you are
not to discuss the case among yourselves until all the
evidence has been presented. We will adjourn for five
minutes.
Are you ready to proceed, Ms. Delaney?
MS. DELANEY: Your Honor, I have no further
questions on cross.
THE COURT: Mr. Phillips?
MR. PHILIPS: I have a few questions on
redirect.
REDIRECT EXAMINATION
BY MR. PHILIPS:
Q. Do you know a person by the name of Albert
Eagan?
A. Yes, I do.
Q. Have you seen Mr. Eagan visiting with
Mr. Elmore?
A. Yes, I have on several occasions.
Q. Did Mr. Elmore ever mention the Bible to you
or anything of a religious nature?
A. No.
Q. Did you ever see Mr. Elmore reading the
Bible?
A. On occasion I have seen him reading the
Bible, yes.
MR. PHILIPS: I have nothing further?
THE COURT: Any recross, Ms. Delaney.
MS. DELANEY: No, your Honor.
THE COURT: All right, Mr. Townsend, you are
excused. Given the late hour, we will adjourn at this
time and resume at 9:30 a.m. tomorrow.