#AmandaLewis Trial (her boyfriend) Alan Carnleys first Testimony

[00:00:00] Speaker 1: I live in 3343 1st Avenue South, Bonifay, Florida. I work at Slocum Marketplace. Now, although you have a Bonifay address, do you live in the community of Aston, Florida? That's correct. Were you living in that same address back on August of last year, sir? [00:00:19] Speaker 2: That's correct. [00:00:22] Speaker 1: You work up there at the Slocum? Marketplace. Marketplace, and what do you do there, sir? I'm a meat cutter. How long have you been employed there? Mr. Carlin? Off and on, seven years. What shift were you working back in August of last year? [00:00:38] Speaker 2: It varies. That morning I went in at 6. [00:00:43] Speaker 1: I'm sorry, I've never been there. Do you do the day shift, or do they have an afternoon shift? You tell us, sir. [00:00:50] Speaker 2: It just varies. I can work from 6 to 6, 9 to 6. That's it. [00:00:57] Speaker 1: Did you have regular hours, or did they vary from one day or a week to the next? It varies from one day to the next, and then we'll go in at the same time. Usually at 6 o'clock? No, sir. That's one day a week. The rest of the time it was what time, sir? 9 to 6, 10 to 6. Okay. It varies. How long have you been living at that address? Since 1990. Amanda Lewis. Who is she, sir? That would be my girlfriend. When did she move in with you? September 2005. Where was she working back in August of last year, sir? That would be Bonifay Nursing Home. What was the shift that she was working? That would be night shift. 11 to 7, third shift? Correct. I understand that, well, let me back up before I get to that. Who lived in your home back in August of last year? [00:02:01] Speaker 2: That would be me, Amanda, her two kids, and my son. [00:02:06] Speaker 1: Three-bedroom mobile home? [00:02:08] Speaker 2: That's correct. [00:02:11] Speaker 1: What were the sleeping arrangements? Where did the two boys sleep together, or did Amanda's two children stay in one room? You tell us, sir. [00:02:20] Speaker 2: My son had his room, and her two kids had the other room. [00:02:27] Speaker 1: Her two kids, what were their names? Adriana and Ajay. So, Adriana had lived with you approximately two years as of August last year. [00:02:40] Speaker 2: That's correct. [00:02:41] Speaker 1: How would you describe her behavior, sir? [00:02:44] Speaker 2: She was a normal kid, just like any other kid. You know, she got into stuff occasionally, acted up occasionally. Did she have any behavioral problems? Occasionally, yes, sir. What about Ajay? They both had occasional problems, yes, sir. [00:03:04] Speaker 1: Adriana, the few days preceding her death on August the 8th of last year, was she in trouble quite a few times before then? [00:03:17] Speaker 2: Not as I recall, not a couple days before then, no, sir. [00:03:22] Speaker 1: Have you ever stated that she was in trouble quite a few times the last few days before August the 8th of last year? Not maybe the last few days. You remember giving the statement to law enforcement? Yes, sir. On the evening of August the 8th? [00:03:39] Speaker 2: That's correct. [00:03:39] Speaker 1: Have you had a chance to look over that? I have. Have you got a copy of that with you today? No, sir, not with me. Made you a copy, what, last week, week before? [00:03:48] Speaker 2: Yes. [00:03:48] Speaker 1: You knew I was going to be asking you some questions about this today, didn't you? That's great. Page 5, councilor. Would you turn over to page 5, sir? Reading in the middle of the page to yourself the question by Investigator Hamilton and then your response. Does that refresh your memory, sir? Yes, sir, it does. Now, the question is, did she get in trouble about quite a few things in the last few days? Did she? [00:05:05] Speaker 2: Yes, sir. It does seem like I said that she did, yes. [00:05:08] Speaker 1: Well, the question, what she got in trouble about and what was your response, sir? The incident with the spray? I'm talking about right in the middle of the page, sir. Right, right. When Hamilton asked you what she got in trouble about, what was your response? Would you read that, please? [00:05:33] Speaker 2: I asked him, he said, what the punishment or what the punishment was and what she got in trouble about? Sir, I'm talking about page 5. I've got page 5. [00:05:41] Speaker 1: Okay, right in the middle, right where the hole is right there, questioned by Hamilton. What she got in trouble about? What? And it says, Carmen, that's your response. Would you read that, please? [00:05:53] Speaker 2: It says, there was quite a few things in the last few days. I can't actually remember it exactly. Okay. [00:05:57] Speaker 1: So, she got in trouble about quite a few things the last few days before her death? [00:06:04] Speaker 2: Yes, sir. [00:06:05] Speaker 1: All right. I mean, your memory was better then than it is today, right? Right. This was on August the 8th, the evening of August the 8th, right, sir? [00:06:15] Speaker 2: That's correct. Okay. [00:06:23] Speaker 1: In fact, she had been acting out the past few days. She had been acting out a lot, hadn't she, sir? I'm referring to the top of page 6. Yes, sir. That's correct. You said pretty much that day. Pretty much. So, the bottom line is, the few days preceding her death, she had been in trouble a lot and she had been acting out a lot, right? [00:06:57] Speaker 2: Yes, sir. [00:07:00] Speaker 1: That's the way you remember it, isn't it? That's correct. Okay. What had she been acting out about? What had she been in trouble about? [00:07:10] Speaker 2: No, I was at work most of those days. I can't tell you everything. [00:07:13] Speaker ?: Okay. [00:07:15] Speaker 2: I'm just telling you what was told to me when I got home. About spraying things in the house? But that happened a couple weeks before the death. [00:07:27] Speaker 1: You weren't at home when she had any of these spraying incidences? [00:07:30] Speaker 2: No, sir, but I was informed of it. [00:07:32] Speaker 1: And you weren't at home the day of her death, were you, sir? That's correct. All right. So, you don't know whether she was spraying anything or not, do you? [00:07:40] Speaker 2: That's correct. I do not. [00:07:41] Speaker 1: But she had got in trouble for spraying some air freshener in your house. [00:07:47] Speaker 2: Two weeks prior to her death, yes. [00:07:53] Speaker 1: What else had she been in trouble about? [00:07:57] Speaker 2: Well, I mean, there was quite a few things, like I said. Share those with me, sir. If you're talking about the light bulb incident. What are you talking about there? Well, I took the light bulb out. [00:08:09] Speaker 1: Took the light bulb out of what? [00:08:10] Speaker 2: Of the room. Whose room, sir? Of A.J. and Adranas. [00:08:15] Speaker 1: Of their bedroom? [00:08:17] Speaker 2: That's correct. Why did you do that, Mr. Carney? Because they were hanging off the side of the bunk beds trying to turn the light off and on, so. [00:08:27] Speaker 1: So, you took the bulb out? [00:08:29] Speaker 2: That's correct. [00:08:30] Speaker 1: And then she got in trouble for trying to put a bulb back in there so she could turn the light on, didn't she? [00:08:37] Speaker 2: That's correct. [00:08:38] Speaker 1: And what did she, what type of punishment did she get because of that? [00:08:41] Speaker 2: She got a weapon. [00:08:43] Speaker 1: You did that? [00:08:44] Speaker 2: Yes, sir. [00:08:48] Speaker 1: Did she get in trouble for getting into her mother's makeup? I don't recall that, sir. Well, that night, when you were telling the officer that she'd been in trouble quite a bit in the last few days and she'd been acting out a lot, tell us what you meant by those statements. [00:09:07] Speaker 2: They were just into things. I mean, but I don't recall the incident with the makeup. I was not told of that one. [00:09:14] Speaker 1: What about writing on the walls? Did she get in trouble for that? [00:09:17] Speaker 2: Yes, sir. [00:09:18] Speaker 1: Where was she writing on the walls? [00:09:21] Speaker 2: Bathroom, bedroom. [00:09:24] Speaker 1: And when was that, sir? [00:09:27] Speaker 2: Well, it was pretty much all the time. It was writing on the walls. [00:09:33] Speaker 1: So, then, earlier when you said she was just a normal child, are you still saying that, or did she have some behavior problems and she was in trouble almost all the time? [00:09:42] Speaker 2: I wouldn't say all the time, but, you know, just like any other normal young'un. [00:09:47] Speaker 1: Quite a bit in the last few days, to quote you. That's correct. [00:09:52] Speaker ?: That's correct. [00:09:52] Speaker 1: What about for peeing in her pants? Did she get into trouble for peeing in her pants? [00:10:00] Speaker 2: She was, you know, put in the bathroom and told to, you know, stay in there and sit on the toilet. [00:10:07] Speaker 1: And the other forms of discipline that you and your girlfriend used, what were those, sir? [00:10:15] Speaker 2: She would put them in the room and put them in the room, then we had a timeout bench and they would sit in, you know, occasional whipping with a belt. [00:10:32] Speaker 1: Sometimes would her toys be taken away from the two children? That would be correct. That's correct, yes sir. In fact, just a few days before Adriana, this August the 8th, when she drowned in the pool, all of the children's toys had been taken away, hadn't they? [00:10:53] Speaker 2: I wouldn't say it would be a few days before, no sir. When was it then, sir? It was sometime during the summer, but not close to the time that her death. [00:11:01] Speaker 1: Now this was all the toys that their grandparents, Mr. Burns and Ms. Burns, had given to them for Christmas, as well as any that you and or your girlfriend may have bought them, right? Well, not all of them was thrown away, no sir. So they had just plenty of toys in their room back on August the 8th and 9th of last year? I wouldn't say they had plenty, no sir. [00:11:22] Speaker 2: Most of the toys were taken away? The ones that were trashed were thrown away. The ones that were any good was taken to my father's closet and engraved. Okay. [00:11:41] Speaker 1: Now, was Adriana afraid of water? No, sir, not that I recall. How long did this little girl live with you? Two years. And it's your testimony this afternoon that Adriana was not afraid of water? That would be correct. How long did you have this pool, sir? About six weeks. But you'd never seen Adriana in that pool, had you? That would be correct. And you'd had that pool six weeks? Yes, sir, that's right. Now, you had been in that pool, hadn't you, sir? Maybe twice. And your girlfriend, she had been in that pool, right? That's correct. AJ, he had been in that pool. That's correct. But you, in that six weeks, if it was six weeks... It was. It was six? Pretty close, yes, sir. You had never seen Adriana, that little seven-year-old girl that lived with you in that home for two years in the pool, had you, sir? [00:12:55] Speaker 2: Well, if you'll recall, I told you that my shift changed every day. I could have been going in early in the morning until late that afternoon. So, no, sir, you're probably right, I did. [00:13:04] Speaker 1: Well, do you work seven days a week, Mr. Carnley? Well, no, I don't, but... So, on those days that you're off, is that the weekend, sir? It varies. I can have a weekend day off, or I can be off during the week. On your off days, did you ever see that little girl in that pool? [00:13:18] Speaker 2: On my off days, no, sir. In fact, you never saw her in your pool, did you? I didn't see her in mine, but I seen her in the creek, my sister's pool, and I seen her also when we took them to the Patsy trip up to Waterworld. [00:13:34] Speaker 1: You did take Adriana, AJ, and your girlfriend, Amanda Lewis, up to your sister's pool. That would be Penny Martin, right? That would be correct. And Penny just lives right up the road, doesn't she, sir? About six miles. And on at least one of those occasions, your daughter was there, Amber Carnley. I'll rephrase it. Was your daughter Amber Carnley there? On at least one of those occasions. [00:14:09] Speaker 2: I do believe you're right, yes. I think so. [00:14:30] Speaker 1: Let's go back to August the 8th of that. Of last year. Even go back a little bit further. The evening of August the 7th. Did your girlfriend go into work that evening? Yes, sir. She did. I believe you went to some meeting there at the volunteer fire department, didn't you? That's great. That would have been with Chief Corcoran, Jose Martinez, and Gary Jacobs. [00:15:00] Speaker 3: I'm sorry. I'm sorry, I'll rephrase it, Judge. [00:15:07] Speaker 1: Who was there at that meeting? [00:15:10] Speaker 2: Uh, oh, if I remember, we was at a class over in New Hope. [00:15:15] Speaker 1: When you got back, did you have any contact with Adriana or AJ? [00:15:21] Speaker 2: I seen Adriana that night. [00:15:26] Speaker 1: Where did you see her? [00:15:28] Speaker 2: She was in her bedroom. What was she doing? They were sitting on the side of the bed. When you say they, who? [00:15:38] Speaker 1: Well, AJ was in there at the time. Now, is this the bedroom that didn't have a light in it? That's correct. Did you notice any bruises on her forehead at that time? No, sir, I did not. If she would have had a bruise, would you have seen it? [00:15:55] Speaker 2: I believe I would. And not only that, but the next morning when I left, I seen Adriana. [00:16:00] Speaker 1: Okay. That's what I'm getting at. The next morning, when you woke up to go to work, what time was that? I got up about 5 and left about 5.30. Before you left, did you have any contact with Adriana Hutton? [00:16:17] Speaker 2: I seen Adriana that morning, yes. Where was she? She was still in her bedroom. [00:16:22] Speaker 1: What was she doing? [00:16:24] Speaker 2: She was sitting up in her bed. [00:16:27] Speaker 1: Just like she was sitting on that bed? Well, not exactly the same, but she was in her bed. Sitting on the bed? Sitting in the bed, yes, sir. Was she in the same position? [00:16:37] Speaker 2: No. Light off? Yeah, but what you don't understand, there's a hall light not even two foot away that we leave on so they can see how to get to the bathroom. What was she doing? She would be sitting there. [00:16:55] Speaker 1: Did you say anything to her? I believe she spoke to me. [00:17:10] Speaker 2: Did you say anything to her? I can't recall me saying nothing to her, but I remember her speaking to me. [00:17:18] Speaker 1: Have you ever given a statement where you indicated that you asked her how she was and she didn't respond? No, sir. I don't remember that. [00:17:28] Speaker ?: Okay. [00:17:28] Speaker 1: So, then about what time was this that you saw her, sir? Well, I was leaving about 5.30. So, around 5.30, you walk past her bedroom. You see her in there. She speaks to you. You don't speak to her. And then you do what, sir? [00:17:43] Speaker 2: I tell my son I'm leaving. [00:17:45] Speaker 1: How do you do that? I wake him up and tell him I'm leaving. Is there some reason that you didn't speak to Adriana that morning? [00:17:54] Speaker 2: Well, I mean, I didn't ask her what she was up to or what she was doing. I might have, you know, just stood my hand up at her. I can't recall what I had actually done, but she spoke to me. Yes, sir. [00:18:04] Speaker 1: Now, your son, does he have a light in his bedroom? That's correct. What time did you leave that morning? It was around 5.30. What time did you get to work? I used to get there a little early. It was probably about 10 to 6. What time was your shift that day? That would have been 6 to 4. Did you leave work to come home that day at lunchtime? [00:18:38] Speaker 2: No, sir, I did not. [00:18:42] Speaker 1: Did you get a call from your girlfriend after lunch that day? Yes, I did. A telephone call. Where were you when you received that call? I was back in my apartment at work. Do you know about what time this call came in? It was about 2.20. What was the nature of the call? [00:19:06] Speaker 2: Like normal, we joked around with each other for a few minutes. Hadn't been the first time I talked to her that day. She joked around with me. We talked. What did you talk about? She asked me how I was doing, how work was going, and I asked her how hers was at night, and then she told me what they were planning on doing that day. And what was that, sir? She was getting them ready to go to school shopping. [00:19:37] Speaker 1: Did you ask her what the children were doing, or did she tell you what the children were doing? [00:19:41] Speaker 2: No, sir. No, sir. That never came up. [00:20:02] Speaker 1: Are you sure about that, Mr. Connelly? [00:20:04] Speaker 2: I never asked her what the kids were doing. No, sir. I did not. [00:20:10] Speaker 1: I could have just a moment, Judge. Would you look over on page four, please? About the fourth paragraph, would you read that, sir, and see if that refreshes your memory? Just read it to yourself and let us know if that refreshes your memory. [00:20:47] Speaker 2: I don't see your order. It said I asked her what they were doing. I see what she told me what they were doing. Okay. [00:21:04] Speaker 1: So did she tell you that the children were playing outside, sir? [00:21:08] Speaker 2: They had been, yes, sir. [00:21:14] Speaker 1: And where were they? Out in the front yard. Playing with trucks in the driveway. [00:21:21] Speaker 2: That's great. [00:21:23] Speaker 1: Now, at some point during that conversation, that telephone conversation, did your girlfriend go back into the bathroom, sir? Not during the conversation with me, no, sir. Well, you tell us what you recall of that telephone conversation with your girlfriend. [00:21:50] Speaker 2: What you're getting out of this right here is not what me and Amanda talked about. This is actually a different thing when I asked her once I got home. [00:21:58] Speaker 1: Okay. Well, this is what I want you to tell us, sir. What do you recall about that telephone conversation that started somewhere around 2.20, 2.30? The records will tell us what time. That's right. Just tell us what you recall, Mr. Carley. [00:22:13] Speaker 2: She called me, we, like I said, we joked around, kidded around a little bit. She asked me how my day was. I asked her about hers. During the conversation while we was on the phone, AJ comes in. And she's on the phone. I can't understand what he tells her. Next thing I know, she goes outside, takes the phone with her. You can tell when she goes down my steps. All right. [00:22:39] Speaker 1: So, you heard, you were talking to your girlfriend inside the trailer. You heard AJ come inside. Correct. Something was said. You don't know what was said. No, sir. Okay. You don't even know if anything was said. Is that right? No, I heard him mumbling. I just couldn't understand. Okay, he mumbled something. And then you hear her going outside. [00:23:04] Speaker 2: That's correct. Then what do you remember happening, sir? I can tell that once she rounds the corner, her pace picks up. The phone's vibrating in her hand. Okay. And then what's the next thing you hear, Mr. Carnley? I hear when AJ has been found. [00:23:21] Speaker ?: Okay. [00:23:22] Speaker 1: Now, let's stop right there before we go any further. Did you hear your girlfriend, Amanda Lewis, holler anything at AJ while she was on the phone with you? [00:23:43] Speaker 2: I don't recall that. No, sir, I don't. The only thing I remember hearing is her telling me that Adrian was in there. [00:23:50] Speaker 1: Did you hear her say anything, you know, holler, scream? [00:23:55] Speaker 2: She screamed. [00:23:55] Speaker 1: AJ, what are you doing out there around the pool? You mean once the little girl was found? No, sir. I'm talking about you were talking on the telephone with her. You hear the door open and AJ come inside. He says something. Then she runs outside. Before she runs outside, did you hear your girlfriend hollering anything to AJ? AJ, what are you doing around that pool? [00:24:26] Speaker 2: No, sir. [00:24:28] Speaker 1: You would have remembered that if she had said something, if she had been hollering like that to AJ, wouldn't you, sir? I believe so. Who's on the phone to you? Do you recall her going outside to, now I'm talking about before. Before. You've heard her talking on the phone and AJ comes in and tells her something and then she runs out, sir. Before that, was she talking on the phone and then went outside of the trailer of your home to talk to AJ outside? [00:25:06] Speaker 2: During the conversation with me and her? No, sir. [00:25:09] Speaker 1: The only time she went outside during that conversation is when she went outside and was running over there to the pool. Is that correct? [00:25:17] Speaker 2: Yes, sir. That's all I recall. [00:25:24] Speaker 1: Mr. Carnley, did AJ or Adriana ever clean out the bugs of the pool, sir? [00:25:34] Speaker 2: Not to my knowledge, no, sir. But I'm not sure what might have been told to do that day. I don't know. [00:25:41] Speaker 1: Well, it would have been very unusual for Adriana to do that, wouldn't it, sir? [00:25:48] Speaker 2: Like I say, the way my shift work is, you know, I'm not there every day. I do not know, sir. Would you agree it would have been very unusual for Adriana to play around that pool? No, sir. I've seen her play in the pool with a pan, the little foot pan I told you about. You've seen Adriana play in the pool with that pan? While me and Amanda was in it, yes, sir. [00:26:08] Speaker 1: But you and her mother were right there. Well, that's correct, yes, sir. Didn't you establish some rules when y'all got that pool, some ground rules for the children? Just not be around the pool, you know, and... Not be around the pool unless you or their mother was there, right? That's correct. So she would have gotten in trouble if she'd have been around that pool by herself, right? Most likely, yes, sir. She'd have been grounded, right? Possible, yes, sir. Or whipped. Is that right? [00:27:00] Speaker 2: That's correct, yeah. [00:27:01] Speaker 1: Or sent a timeout in her room. That's correct. If you had heard that Adriana was playing around that pool, would that have concerned you, sir? [00:27:20] Speaker 2: Probably, yes, sir. Because she couldn't swim, could she? I wouldn't say she couldn't swim. Excuse me? I wouldn't say that she couldn't swim. Why is that? Well, Amanda was teaching her how to swim. I wouldn't say that. [00:27:31] Speaker ?: Okay. [00:27:35] Speaker 1: So would you have been concerned if you had been at home and A.J. or Al and Michael had have told you, Adriana's out there playing around the pool. Would that have concerned you, sir, for her safety? Would you have been concerned about her safety? [00:27:52] Speaker 2: If I knew she was trying to get in the pool, probably so, yes, sir. Even playing around that swimming pool? Well, if she was out in the yard playing around it, no, I wouldn't really have no. [00:28:03] Speaker 1: Now, that six weeks that you had that swimming pool, Mr. Conley, did little Adriana ever come up to you and ask you to go swimming in that pool with her? Not that I recall. In fact, did she ever even ask for permission to go swimming in that pool? Not to me, no, sir. Did she ever ask her mother in your presence? [00:28:33] Speaker 2: Well, like I tell you, the way my work schedule is, you know, they swim during the day. I wasn't there most of the time during the day. I do not know what would have been said. [00:28:45] Speaker 1: And you don't even know today, sir, whether or not she had ever even been in that pool swimming, do you? [00:28:51] Speaker 2: I know she'd been in there with Amanda and them, yes, sir. How do you know that? Well, Amanda told me, and also there was a time when she had some relatives over where Adriana got in. [00:29:01] Speaker 1: Did Amanda ever bust up a TV in her room, sir? [00:29:04] Speaker 3: I'm not sure that I see the relevance either. [00:29:13] Speaker 1: I'll rephrase it. Did she ever get into trouble for busting up a room, a TV? Amanda? You said Amanda. Excuse me, not Amanda. I'm sorry. I'm getting a little tired. Did Adriana ever get into trouble for busting up a TV in her room? No, sir. Not as I know it. [00:29:27] Speaker 2: To your knowledge, did she ever bust a TV up in her room in your house? There's a TV in my closet. And like I told you the other day, there's a reason it's in that closet or I wouldn't be there. Now, what that reason may be, I don't know. Her mother wouldn't know. [00:29:41] Speaker 1: But my question is to you, do you know if she ever busted up a TV in her bedroom? [00:29:49] Speaker 2: Not to my knowledge. I haven't checked the TV to see what it's up there for. [00:29:53] Speaker 1: Well, surely if she'd have busted up the TV like hitting it or broke it or something [00:29:56] Speaker 2: up like that, you would have talked about that with your girlfriend, wouldn't you, sir? I'm sure, you know, yeah. If Amanda would have told me, I'm sure I would have remembered. [00:30:07] Speaker 1: I have just a few more questions, Mr. Conley. Now, you were referring into this statement that some of the things in this statement is what you heard over the telephone and some of the things in this statement is what your girlfriend told you at a later date or later or told you that afternoon when you got to talk to her? That same day, yes, sir. [00:30:25] Speaker 2: The same day, yes, sir. Okay. [00:30:27] Speaker 1: What are you referring to that she told you about that afternoon? [00:30:30] Speaker 2: Well, I didn't know, you know, about the A.J. and them playing in the yard, her Amanda. You keep bringing it up about her going to the bathroom. I know nothing about that during her phone conversation. [00:30:41] Speaker 1: But that's what she told you that day? [00:30:44] Speaker 2: That afternoon when I got home and the incident was already occurring, yes, sir. Okay. By the Astros, could she tell me what happened? With Dennis Lee and Mr. Corcoran standing there, she went to telling me. [00:30:55] Speaker 1: What did she tell you about going into the bathroom, sir? [00:30:57] Speaker 2: She told me she had made a trip to the bathroom and when she went to the bathroom, she seen them outside in the driveway playing. [00:31:06] Speaker 1: Are you referring to that over on page four, sir? Because it looks like some of that is what she apparently told you and what you heard and I'd like for you to tell us what the difference is. [00:31:22] Speaker 2: I've heard nothing about her going to the bathroom. Over the conversation on the phone. This was what I was telling them that she told me after I made it home when I asked her to tell me what happened. All right. [00:31:33] Speaker 1: This is my question, sir. Right there in the middle of the page. When you said she went back to the bathroom. She said that they were there, you know, playing there. And then she went back to the bathroom. And when AJ come back in, you know, she asked where Adriana was at. But like I say, I didn't hear him tell her where Adriana was at, not on the phone. I just heard Amanda go out the door. So what part of that did she tell you? [00:32:01] Speaker 2: And what part did you hear over the phone? Okay, part where it said that her went to the bathroom is where she told me, you know, after I got home. But then the other part there where I said that, you know, that AJ didn't tell her where Adriana was at. That was what actually occurred over the phone. [00:32:18] Speaker 1: Sometimes would Adriana be, as a form of discipline, would she be restricted or grounded to her room, sir? That would be correct. And Adriana didn't like the way that room smelled, did she? [00:32:35] Speaker 2: Well, none of us did. [00:32:37] Speaker 1: I mean, it reeked of urine, didn't it, sir? [00:32:41] Speaker 2: That's correct. [00:32:45] Speaker 1: AJ, where was he that morning when you went to work? He was on a little hammock in the living room. In the living room? Yes. Is that like the little camper bed? [00:32:57] Speaker 2: Sort of like, yes, sir. He liked to sleep in there? No, that was his only time, first time and only time. But, I mean, he liked to sleep in the living room as opposed to living room? No, that was his first and only time that I recall him sleeping in the living room, and it was because Amanda got the little hammock, and that's what he wanted to sleep on. [00:33:15] Speaker 3: Okay. Mr. Farley, you spoke of. An incident where some aerosol spray was sprayed in the house. Is this what was being sprayed in the house? No, sir. What was it that was being sprayed in the house? [00:33:28] Speaker 2: It was an aerosol air freshener type spray. [00:33:32] Speaker 3: All right. And when did that happen? It was like two weeks prior. Two weeks prior? Yes, sir. Can you recall of any other incident other than that incident where somebody got in trouble for spraying something in the house? [00:33:46] Speaker 2: No, sir. I cannot. [00:33:47] Speaker 3: Okay. And when you describe it as an aerosol spray, was it bug spray, or what exactly was it that was sprayed? [00:33:54] Speaker 2: Just an air freshener. I had bought some at work. [00:33:56] Speaker 3: Okay. Something you brought home from work? [00:33:59] Speaker 2: Yes, sir. That's correct. Okay. [00:34:01] Speaker 3: And what was the punishment? Who got punished, and what was the punishment for spray? [00:34:06] Speaker 2: I believe they both got punished and got sent to their room. [00:34:08] Speaker 3: So it just wasn't Adriana. It was both she and AJ. [00:34:12] Speaker 2: That's correct. [00:34:13] Speaker 3: And they got sent to the room. [00:34:14] Speaker 2: That's correct. Yes, sir. [00:34:20] Speaker 3: Let's talk about the times that you mentioned where Adriana went swimming in your, is it your sister's pool? Yes, sir. That's correct. Were you there personally? Yes, sir. I was. Were you swimming in the pool, or were you just sitting there watching them? [00:34:39] Speaker 2: No, I was in the pool with them. What kind of pool does your sister have? It's bigger than mine, over the ground. [00:34:45] Speaker 3: Is it above ground? [00:34:46] Speaker 2: Yes, sir. It's above ground. [00:34:48] Speaker 3: And how do you get into that pool? Do you have to climb it on a ladder, or what? Ladder, yes, sir. Is it the same depth as your pool, or deeper than your child? Actually, it's deeper than mine. It's deep? Yes, sir. Okay. And did Adriana actually get in the water there? [00:35:02] Speaker 2: Yes, sir. She did. [00:35:04] Speaker 3: Was Amanda trying to teach her how to swim during those times? [00:35:09] Speaker 2: That's correct. One of the times, yes, sir. Was she successful in teaching her how to swim? She was catching on, yes, sir. She started beginning to learn? Learn how to paddle, yes, sir. Keep her, you know, up above the water, keep her balance, yes, sir. [00:35:23] Speaker 3: About how many times did you see, of your own core, Adriana and your sister swimming pool? There was about three occasions. Okay. Now, you mentioned a foot pan, and I don't think everybody understands what you were referring to. Could you elaborate on what you meant about a foot pan? [00:35:44] Speaker 2: It's just a little plastic pan that we would wash our feet off in when we'd go to get up on the ladder. And that's it. [00:35:54] Speaker 3: All right. So would it be outside the swimming pool? Yes, sir. [00:35:58] Speaker 2: Yes, sir. [00:35:59] Speaker 3: When you got home that day on August 8th, where was that plastic pan at? It was floating in the pool. It was in the pool? Yes, sir. [00:36:09] Speaker 2: The last time you saw that pan, where was it? It was turned upside down by the pump. On the outside? On the outside, yes, sir. [00:36:17] Speaker 3: Okay. And the ladder that goes to that pool, where was it on August 8th? We kept the ladder locked in my shed. Okay. Do you also have a net or something to scoop leaves and bugs out of the pool? Yes, I had two of them. Okay. And is that something that is just normal pool maintenance? You would go out there with a net and scoop the leaves and the grass and everything out of the pool? Yes, sir. So how often would that be done? [00:36:45] Speaker 2: About every couple of days or so, I'd go out there and check it. Okay. [00:36:49] Speaker 3: So you primarily were the one that would go out and scoop the leaves and the debris out of the pool? Yes, sir. And then what would you do with the net? It stayed in the shed. Okay. Locked with the ladders. It would be locked back up? Yes, sir. Okay. That's all I have at this time, Master. Just a few questions. [00:37:14] Speaker 1: His idea was the ladder locked up in the shed, sir? [00:37:18] Speaker 2: We both agreed on that. [00:37:19] Speaker 1: And who had the key to that shed? [00:37:22] Speaker 2: Well, the key was at the house. [00:37:26] Speaker 1: When you were over there at your sister's school, that would be Penny Martin. When you were over there, was any ducky going on over there? [00:37:33] Speaker 2: Not between me or any of her kids. My little boy was in there, and we did occasionally. Yes, sir. [00:37:40] Speaker 1: Did you ever see your girlfriend, Doug, AJ, or Adrienne? [00:37:49] Speaker 2: No, sir. [00:37:52] Speaker 1: Did you have a cover to the pool? [00:37:55] Speaker 2: I did. [00:37:56] Speaker 1: But when did you take the cover off? [00:37:58] Speaker 2: I don't know the cover wasn't on that day, sir. Well, I was putting the chemical in it. It was just a regular old rubber cover. I put the chemical in it one time before, and it started eating the oil off of the cover, and it was getting in the water. You could tell the oil residue was coming off the cover. So a few days before the incident, when I put the chlorine and the tablets in, and I left the cover off. [00:38:24] Speaker 1: And did I understand you to say that Adrienne, little Adrienne, was now almost about to be able to swim, sir? [00:38:32] Speaker 2: I said she was doing good at it. I didn't say that she was able to go by herself. [00:38:36] Speaker 1: Where did you see her doing good at it? [00:38:39] Speaker 2: That would be at my sister's house. [00:38:41] Speaker 1: But in the six weeks that you had your pool, you had never seen her in your pool? No, sir. [00:38:48] Speaker 2: And that's still the statement because most of the time I work. And when I was off and Amanda was there, that's when they did her swimming. [00:38:55] Speaker 1: Thank you. [00:38:57] Speaker 3: Mr. Smith. Just to clarify, you said there had been a cover on that pool for the whole six weeks that you had. [00:39:05] Speaker 2: We would put it on, yes, sir. Just by every time it wasn't in use, yes, sir. [00:39:08] Speaker 3: The only time it would be off is when somebody was in the pool. [00:39:11] Speaker 2: That's correct. [00:39:12] Speaker 3: But about three days before this incident, you took the cover off and you put chemicals in the pool and you didn't put the cover back on. That's correct, yes. So throughout the whole time you had this pool, there was only three days when that cover was off. [00:39:29] Speaker 2: Pretty much, yes. Most of the time we kept the cover on there until the chemicals. That's correct. [00:39:38] Speaker 3: Mr. Karnley, you may step down at this time. Judge, I'm going to be calling him during my case in chief, so... Okay, you're still under your subpoena, so...