Toddler Beating Murder Trial — GA v Kianna Davis — Day 1

[00:00:00] Speaker 1: Are those your keys? [00:00:10] Speaker ?: Are those your keys? [00:00:11] Speaker 2: Oh, it might have been. Your keys? I don't think your keys are left. [00:00:20] Speaker 3: I took a wrong left. [00:00:22] Speaker ?: You'll be back in the report there. [00:00:24] Speaker 1: At this point, it doesn't matter where you sit. All right, ladies and gentlemen, before we get started, I have a couple of more instructions to you. I know Judge Adams gave you an overview of general principles of criminal law, work approved, presumption of innocence, reasonable doubt, credibility of witnesses, those sorts of things this morning when you were in the big room. I will give you the detailed instructions that apply particularly to this case at the close of the evidence after the closing argument. But I just want to hit a couple of more things before we get started. As you heard this morning, you'll hear the opening statements and you'll hear the presentation of evidence. As you would expect, lawyers serve as advocates for their clients and are duty bound to represent those clients to the best of their ability. They also serve as officers of the court and as such are bound to follow applicable laws, rules of evidence, trial procedure, and so forth. If at any time the lawyers for either side believe a particular procedure or rule of evidence or statute is not being followed, then they might make a motion or an objection. It might be an objection to the evidence that's being explored or questions or what have you. In doing this, they are simply seeking to fulfill their duties to their clients and to this court. They might object to the admission of a particular piece of evidence or a particular question. I'm going to admit or exclude the evidence based on what the law says. If I have a rule of an objection, that means you're allowed to consider the answer to the question or the evidence that's being offered. On the other hand, if I sustain an objection, this means you cannot consider that evidence. And you should consider only the testimony and exhibits that are properly admitted. You also shouldn't try to draw any inverses or guess what the answer would have been or what the picture was of. If I tell you to disregard it, I won't expect you to do that. Occasionally, they're faster than I am. So it's important that you know if I tell you to disregard it, that is the expectation. Occasionally, those motions or objections will require that I hear argument outside your presence. Sometimes we'll do that up here at the bench. Rarely, I might ask you to step to the jury room so I can hear from both sides before making a decision. We'll try to minimize those interruptions, but you should understand we're going to ask your patients because the important thing is that we get it right. You also need to know that nothing I say in making a ruling or at any time during the trial should be considered by you as an indication that I have any leaning in this case one way or the other. My only interest in this case is to see that it's fairly dry according to the Georgia State Constitution and the United States Constitution. I'm going to ask you to pay close attention as the evidence is presented. If you are unable to see or hear at any time or you're suffering from some discomfort that's diverting your attention, you need a restroom break or Tylenol or what have you, if you will wave at me or if I'm not looking at either of the bailiffs, and we'll make the necessary adjustments or take a break if we need to. Because it's vitally important that you're comfortable in paying attention to all the evidence as it's presented throughout the trial. It's also important to keep an open mind. Don't start jumping to conclusions until, well you should never jump to any conclusions, but don't start reaching conclusions until you hear all of the evidence. As I mentioned before, it's improper to talk about the case with anyone or let anyone talk about it with you. That includes talking to each other about it. So at the first break, I think the natural inclination is you go back there and say, "So what do you think so far?" or "What did you think about that witness?" You can't do that. Okay? You have to save those discussions until it's time for deliberations. Y'all have notepads. I'm going to ask you to write your name on the front page of that notepad. We give those to you because some people find taking notes is helpful. You're not required to take notes. But if you do, I want to say a couple of things about that. Don't get so busy writing down fact number one that you missed, fact two, three, and four. Or that you are not looking at the witness while they testify. Sometimes your observation of a witness during their testimony is important to your ability to evaluate their credibility. So don't let the note taking become a distraction. Your notes are for your use only. They can be shared during deliberations. But they don't have any special weight. They're simply a memory aid if they help you remember a fact you thought was important. Or they jog another juror's memory. But they don't have some magic precedence over what somebody else's recollection is. The notepad will stay in the courtroom, stay in the jury room during the week. Nobody's going to read them. That's why I said put your name on them. You'll leave them there and pick them back up in the morning and so forth. At the end of the trial, we rip them off, stick them in the shredder, recycle the pads for the next one. Nobody's going to read them. But they do have to stay in the courthouse during the proceedings and they have to be collected and destroyed at the end. Ladies and gentlemen, you must decide this case for yourself solely on the testimony and the evidence that is admitted in this courtroom. As I mentioned earlier, you cannot visit any scenes that you might hear about. You cannot look something up, a term you've heard that maybe you don't know the meaning of. You can't Google that. You can't listen to any accounts in the news media. Obviously, y'all can see that there are cameras. You may not watch those accounts on replay or Google those websites or any of that. You just need to stay away from your local news, local paper in Court 2 that this week I've had so that we don't have any problems there. I think that's all of my instructions. I need to give you an oath that applies specifically to your purpose. In this case, if you will raise your right hand where you're seated, please. You shall well and truly try this issue before you come on this bill of indictment between the state of Georgia and Kiana Aisha Renee Davis, who is charged here with malice murder, felony murder, cruelty to children in the first degree, felony murder, aggravated assault, murder in the second degree, and cruelty to children in the second degree. And a true burial to give according to the evidence. So, help you God. All right, ladies and gentlemen, we are going to start with the opening. And let me just also say one thing in case you are concerned. It is the law that the cameras will not show your faces. So, any filming that is done during the course of this trial, you guys will not be visible on. Okay, just for whatever concern you might have there. All right, Mr. DeWayne, go to the statements. Thank you, Joe. [00:08:41] Speaker 4: November 17th of 2020, a day that was supposed to be a normal day at primary pediatrics on Lakeview Road, a day full of children with runny noses, getting their shots, and hopefully a sticker or a sucker on the way out. It was anything but an ordinary day. That morning, Carter Ambrose, two years old, was rushed in in a diaper and a wet t-shirt with a pulse that was rapidly disappearing. He was cold to the touch. The bottoms of his feet were white. His eyes were rolled back in his head. Primary pediatrics did what they could. But they are a pediatrician's office. They are not an emergency room. They are not EMS. They performed CPR. Life-saving measures for that little toddler until EMS got there. EMS took him to Peach County Atrium where he was pronounced dead. And Carter had issues breathing. He was on medicine. There was a breathing treatment sometimes that he needed. And at first glance, this looked like a child that had succumbed to this breathing issue until the autopsy was performed. The cause of death in this case is blunt force injury to the abdomen causing a lacerated liver. This is a homicide. No doubt about it. And that weekend, Carter was with his mom, the defendant. And his biological father, Kadeem, will testify. They're not together anymore. So mom, the defendant, picked up Carter Friday from daycare. He wasn't injured. He seemed okay. Maybe that evening he said, "My tummy hurts." "My tummy hurts." But other than that, there was nothing going on. The daycare people are going to come and testify that Carter was fine. There were no injuries to him. And then the next day, Saturday, Carter and the defendant went to the defendant's grandfather's house. And again, he was fine. Happy. Playing. Typical two-year-old boy. And then the defendant had Carter by herself until Sunday evening when her new boyfriend, Keon, arrived. You are going to hear that from that Sunday evening until the day that Carter died, he was having stomach pain. [00:12:11] Speaker ?: He was throwing up. [00:12:11] Speaker 4: It wasn't until he went lifeless that anybody did anything to get that little boy any help at all. It would have helped to have called Carter's father. He was a firefighter and works in EMS. But the defendant wouldn't let him speak to his child. Over the phone. Wouldn't let him see him. Via FaceTime. Nothing. Nothing. It is only when Carter is at primary pediatrics and is on death's door that she finally tells Kadeem. [00:13:11] Speaker ?: Get here. Carter is not doing well. [00:13:13] Speaker 4: According to the medical examiner whom you will hear from, he had multiple blunt force injuries. And when we say multiple, we don't mean two or three. He hit quite a few to his abdomen. He also had injuries to his genitalia, an injury to his head. He had a massive laceration to his liver, as well as an injury to his pancreas. Evidence of repeated blows to this child. You are also going to hear, you are going to hear from two people. One who is a retired medical examiner. The other was the former chief medical examiner at the time. And that is the time of death. [00:14:18] Speaker ?: Excuse me. [00:14:19] Speaker 4: That is the time with which the injuries can be inflicted. Or were inflicted, I should say. One to three days prior to the death of the child. And you are going to hear from them. And that time frame is the time frame of this defendant, Kenan Bentley. It is sole access and sole control over this child. Now one thing you are going to notice, because I have said Kenan Bentley. He is not sitting over there. It is Kenan by himself. His charges are still pending. There are no deals with him. All right? They are just separated for the time being. That is it. During this trial you will have the urge, I suspect, to try to pick who did it. [00:15:20] Speaker ?: Which one beat him? [00:15:21] Speaker 4: Did they both beat him? Sorry to tell you that I do not have the answer to every question that you are going to have in this trial. But the testimony that you are going to hear is that the beating or beatings that this child sustained only when the defendant or the defendant and the boyfriend or the boyfriend had custody. They are parties to each other's crimes. The case is entirely circumstantial. There is no video recording. There is no confession. There is no DNA evidence. You are going to hear from a number of witnesses. You are also going to observe, see, watch, hear that this defendant had multiple interactions with law enforcement. She had a conversation with law enforcement while waiting outside the apartment as law enforcement executed a search warrant on the apartment. Or I should say searched the apartment pursuant to her consent. But there were three other statements that she gave to police. And not one time did she point the finger at Keira. A mother of a child who has been beaten and died of a lacerated liver. She doesn't once do that. But she talks to people. She comes up with all sorts of stuff. Jumped off the bed or the couch. You are going to hear why that is not how this injury occurred. Diabetes. Or you are not going to hear much of a reason at all. CPR did it. Handlebars of a bike did it. You could think of a number of issues. But you will hear GBI experts tell you why this is a homicide and not an accident. Not the result of some medical condition. The defendant is absolutely guilty beyond a reasonable doubt of murdering her child. But what is reasonable doubt? Now we are going to come back at the end of this. The judge is actually going to read you a bunch of law. She is going to define reasonable doubt. A doubt for which a reason can be given. In the mind of an honest juror seeking the truth. And you are going to have a lot of pieces. Circumstantial pieces. The biggest of which is these injuries occurred and only dis-defended your boyfriend had access to you. She killed her child. I am going to prove it to you. The evidence is going to bear it out. Thank you. [00:18:48] Speaker 1: Mr. Cruz, is there with you? Mr. Cruz, the court. [00:18:56] Speaker 5: Mr. Dwayne, Ms. Holland. Ladies and gentlemen of the jury. Good afternoon. As has been indicated, we thank you for being here. I think it goes without saying that we are here for some, this is a very, very serious matter. Mr. Davis is here proclaiming her innocence in this matter. As has been read to you, this offense allegedly occurred between the 15th of November of 2020, November the 17th of 2020. Here we are July the 13th of 2026. More than five and a half years later. Now as part of our opening remarks, we are to tell you what we expect evidence to show. And also, it's my responsibility as the attorney for Ms. Davis to point out to you certain things that are important. One thing that lawyers like me are always, and prosecutors also, are always concerned with are timelines. When did certain things happen? When did certain things happen and at what time? [00:20:40] Speaker ?: Okay? [00:20:41] Speaker 5: And it's important for you to keep into consideration whenever you're listening to the evidence in this case and deciding this case. You will, at the end of the case, you will have a copy of the indictment that reflects all these charges that have been mentioned to you. This indictment was returned by the House of County Grand Jury on October, or it was returned and filed in the clerk's office, October the 18th of 2023. Okay? Almost three years later. So the first thing that comes to mind is why wait three years? Okay? And you'll see that the evidence will reflect in this case that this child died on November the 17th of 2020. Okay? That there was an autopsy done on this child soon thereafter by the GBI. But one thing that you'll see is that the autopsy results were not released for almost a year. And you have to wonder why. And maybe the state can clear that up. I don't know. We'll see. You will see that the, like I say, the autopsy report where the pathologist stated that this was a homicide, but based on a lacerated lip, like I say, was released, was signed off by the coroner, was signed off by the pathologist with the GBI, then signed off by the coroner almost a year later. Okay? And once again, this case was not indicted for two more years after then. Why? Those are things that you can take into consideration whenever you're studying this case and listening to the evidence in this case. And we'll hear witnesses in this case. And you know, one thing that I'm certain that Judge Adam brought to your attention today, and at some point in time Judge Lumsden will at the conclusion of this case, is that the burden of proof is always on the government to prove each one of these charges against Ms. Davis beyond a reasonable doubt. In other words, they have to prove each and every essential element of each crime charged beyond a reasonable doubt. Ms. Davis has absolutely no burden in this case. In other words, she can sit there and say nothing, and you can't hold that against her. She may or may not testify. We don't know yet. We don't know what the state's going to put up yet. But at the appropriate time, the judge will instruct you that if she should decide to remain silent, you cannot infer or insinuate or hold that against her in any way. A lot of people say, "Well, she needs to explain to us what happened." No, she doesn't. She doesn't have to. It's not her burden. She doesn't have to prove to you that her only child died because he fell off a bed or bumped into a table or on the handlebars of his little bicycle that they're going to show you a picture of him on his bicycle. Or that it was done somewhere else or who it was done by. You know, you can take into consideration the fact that she is jointly indicted with her then boyfriend, Keon DeVoy Benton. This morning, Mr. Benton is going to come in the courtroom and testify. He doesn't have to testify. Now, you know, the state could give him some sort of immunity, but we'll see where that travels. His boyfriend is not sitting there with us, but he's going to come in and testify against her. We'll see. Now, like I say, you need to take your evidence from the witness stand. This case, understand, in my years of coming down here trying cases, and I've tried a lot of murder cases before, good jurors, where the charge of malice murder, malice murder, and it'll be explained to you later by the judge, malice aforethought, something akin to premeditation or something akin to planning. In other words, someone had malice in their heart. You've heard the term of an abandoned and malignant heart. You've heard that before. That's why a murder happened. And in the alternative, the state sometimes will say, well, we think it's a felony murder based on another offense, a predicate offense, if you would, that as a result of that predicate offense, results in the death of someone. And the felony murder, the first is cruelty to children in the first degree. And the indictment, of course, says that the baby died, was beaten with an object, the nature of which was unknown to the grand jury. In other words, they don't know how the child died. By what means? It was by a bowling ball or a baseball bat or whatever. [00:27:28] Speaker ?: Okay? [00:27:29] Speaker 5: That's for them to prove. And for them to bring their pathologists in here to prove to you. Now, some of you have medical experience. But they have to bring in, the state has to bring in evidence to show some sort of blunt force trauma, if you would. You know, there's also the felony murder charge of aggravated assault. And they don't know how, but they're saying that the injuries to the child resulted as a result of an aggravated assault or a weapon of some sort. You know, they have to prove that. But the difference in this case, I submit to you, in my experience in handling criminal cases, is murder in the second degree. That's different from what you generally hear in cases. That's generally different from, you know, if you've been on grand juries in this county or any other county, you don't get too many murders in the second degree. That's a story where they're saying that the child died, irrespective of malice, as a result of some sort of failure or neglect to seek medical attention for the child. And it gets a little complicated here. Okay? So, like I say, I don't know if Ms. Davis is going to testify or not, but you will see that the time that this happened, that she was, she's now 35 years old. She was a school teacher at the time. Teaching classes through the Central Georgia Technical College, where she was teaching classes in conjunction with the Houston County School District, as well as she'd go to Jones County. And that's, she was teaching on the days that this child, there will be testimony about him, his stomach hurting. You'll hear that. Okay? You will also hear that this child, he was two years and 10 months, Carter was. And that he wasn't even a week old and he was already having problems with breathing and asthma and things of that nature. And you will hear, we expect that you'll hear from the people that were treating him at this pediatric place, that they treated him, that he was hospitalized, that he's always been a sickly child of some sort, as children are prone to do sometimes. And that, at the time that, and of course the father of this child is this Kadeem, Kadeem Ambrose, and you'll hear from him. And he lived with Mrs. Davis during that period of time, and they talk about how they, I mean, we expect his testimony will be, assuming he's going to be here. But anyway, we expect them to be, that they lived together and then their relationship busted up. [00:31:06] Speaker ?: Okay? [00:31:07] Speaker 5: But, but during their relationship, the decision was made by Mrs. Davis to move, she moved to this apartment complex off Lakeview Road. Which is not even three football fields away from this pediatric place, so she could be near her doctors. And there will be a bunch of people that will come testing out, I guess, from the pediatric place that, that, that, that Mrs. Davis was there often with her child. Okay? And of course the saint would have you believe that, that that should mean nothing, that she moved where she was living at, to be within 300 yards of where the doctor's office was at, in case there were problems. Because, once again, the child, within a, the week after that child was born, was already in the hospital. And exhibited sickly behavior, or sickly symptoms throughout his young life. You know, once again, the responsibilities of the state to prove their charges against all these charges. All seven counts, beyond reasonable death. You'll hear the evidence, and I ask you, and I thank you for being here. Because like I say, I mean, like, this happened five and a half years ago, and Mrs. Davis has been patiently waiting to be sitting in that chair in front of a jury of 12 people plus two alternates. To, to, to show you, to, to, to show you, to exhibit to you, that she is not guilty of any of these charges. You know, I, I, with you, I'm patiently waiting to hear what the, what the, the witnesses are going to say for the state. As Mr. Dwayne has, as Mr. Dwayne has mentioned to you, this is not a case of, you know, there's, there's, there's, there's, there's, there's two types of evidence. There's direct evidence, and circumstantial evidence. And Mr. Dwayne has said in his open remarks that there's, there's not going to be any direct testimony, or there's not going to be any direct evidence that, that this lady, or anyone, struck the blows and ended up killing the child. Okay? It's circumstantial evidence, okay? In other words, the circumstantial evidence, uh, that, that the state is proposing is that, um, and of course the, the, the doctors are going to come in here, or the medical people are going to say, well, based on their experience, uh, uh, injuries of this type have to result, uh, or will, or can result, anywhere from, uh, 24 to 72 hours before, uh, someone dies. Not necessarily. Okay? Okay? And once again, it's not for Mrs. Davis to have to come in here and point the finger at anybody. [00:34:50] Speaker ?: Okay? [00:34:51] Speaker 5: They're trying to prove that she committed these offenses. I submit to you that she did not. And, you know, once again, I don't know how adamant I can do it. [00:35:07] Speaker ?: To explain to you her innocence. [00:35:10] Speaker 5: I don't know how adamant she can be to explain her innocence. This is a long day coming from her, or for her. And, you know, I'll, I'll be able to ask questions of, of witnesses from the state. And, you know, once again, as I mentioned before, if there's anything that I do that, that upsets you or makes, hold it against me. And, you know, she has lost her only child. Her only child. [00:35:39] Speaker ?: Almost six years ago. She's not guilty of any of these charges, folks. [00:35:41] Speaker 5: Not guilty. Thank you. [00:35:43] Speaker ?: Your Honor. All right. Mr. Dwayne. All right. [00:35:46] Speaker 5: Mr. Dwayne, if you will call your first witness, please. [00:35:48] Speaker ?: State Falls Taylor Sledge. All right. Let me have Taylor Sledge. Taylor Sledge. David, will you get the witness, please? Thank you. Thank you. Thank you. Thank you. All right. [00:35:54] Speaker 5: Mr. Dwayne, if you will call your first witness, please. State Falls Taylor Sledge. All right. [00:35:57] Speaker ?: Let me have Taylor Sledge. [00:35:57] Speaker 5: David, will you get the witness, please? Thank you. [00:35:59] Speaker ?: All right. [00:36:00] Speaker 6: All right. Mr. Dwayne, if you will call your first witness, please. State Falls Taylor Sledge. [00:36:05] Speaker 2: All right. Let me have Taylor Sledge. David, will you get the witness, please? [00:36:08] Speaker ?: Thank you. All right. [00:36:09] Speaker 2: Let me have Taylor Sledge. David, will you get the witness, please? Thank you. Thank you. Thank you. [00:36:43] Speaker 7: Thank you. Taylor, T-A-Y-L-O-R, Sledge, S-L-E-D-G-E, Ragsdale, R-A-G-S-D-A-L-E. All right, thank you, Ms. Sledge. If you would, tell us what you do. Right now I work as a paraprofessional at Merlin High School. How do you always learn that? Before that, I worked at Primary TBF Church. When did you work at Primary TBF? From August 2020 until last summer. And what did you do at Primary Pediatrics? First, I worked at Prime, and then I became a tech, and then I was the lab manager. [00:37:55] Speaker 6: So you said you started at Primary Pediatrics in August of 2020, did I get that right? Yes. Let me take your attention to November of 2020, so just a little while later. [00:38:06] Speaker 2: You were the receptionist at that point? Oh, yes. And in November of 2020, do you recall a man bringing a small child into the office on the 17th? [00:38:15] Speaker 7: Yes, I did. Okay, tell me what you recall about that. [00:38:17] Speaker 3: I remember him bringing him into the office. It was a black African-American male. The little boy was limp in his arms. He just said he needed some help. [00:38:31] Speaker 2: Did he indicate to you what was wrong with the child? [00:38:33] Speaker 3: No. [00:38:35] Speaker 7: And what did you observe about the child? He was limp. He was lifeless. He wasn't moving. [00:38:40] Speaker 3: He was in the arms of me. And what did you do when you saw this? Call back to the back to get some help and then call 911. [00:38:49] Speaker 2: Well, this is a pediatrics facility. Why did you call 911? [00:38:53] Speaker 7: To get help. Because the child wasn't breathing. He wasn't responsive. So he did more emergent help? Now, when this male came in, did he say anything to you? He just said that he needed help. What was his demeanor? Life was brush. He seemed just, wasn't really concerned. [00:39:24] Speaker 3: He just was, he rolled out. I mean, you could tell that the little boy didn't help, but he wasn't, he didn't show the emotion. [00:39:38] Speaker 6: And what did you happen to remember when he was wearing? [00:39:40] Speaker 7: A white tank top or a white shirt and khaki shorts, I believe. [00:39:45] Speaker 6: So you saw this man bringing an essentially lifeless child in and then called 911? Yes. And Ms. Sledge, I want you to think back about anything that this man said to you. Did he think it was anything like that? Did he say anything about the child falling, anything like that? [00:40:13] Speaker 7: Um, he said he was biting him on the ride into the office. [00:40:22] Speaker 2: But nothing about him, say, falling off the couch? [00:40:26] Speaker 5: Judge, that's a leading question. [00:40:28] Speaker 2: The judge was overruled. Nothing about him falling off the couch or falling down the shooting court. [00:40:41] Speaker 5: Nothing about him falling off the couch or falling off the couch or falling off the couch or falling off the couch or falling off the couch or falling off the couch or falling off the couch or falling off the couch or falling off the couch or falling off the couch or falling off the couch and off the couch. And you were a sledge at the time, is that correct? [00:40:58] Speaker 3: Yes, sir. [00:40:59] Speaker 5: And you went to work at this primary pediatrics August of 2020? Yes, sir. So you worked as a receptionist at that place from August until when? [00:41:14] Speaker 3: Um, as a receptionist, I was a receptionist for just about four months and then I moved to the back as a tech. [00:41:19] Speaker 5: As a? [00:41:20] Speaker 3: Tech. [00:41:21] Speaker 5: What does a tech do? [00:41:22] Speaker 3: To pull them back, get their weight high and get them prepared for the doctor. [00:41:26] Speaker 5: Oh, okay. Um, but on November the 17th, and that, is that when it was November the 17th of 2020? Yes, sir. Had you had any medical training? [00:41:38] Speaker 3: To know whenever someone comes in and needs help, yes. [00:41:41] Speaker 5: Okay. Well, I mean, what training, I mean, did you, where did you get your training at? [00:41:45] Speaker 3: At primary pediatrics. [00:41:47] Speaker 5: Oh, I mean, you didn't get it from school or from a technical college or anything like that? No, sir. So you worked as a receptionist and by, I guess by being a receptionist, you acquired knowledge to be able to question people when they came in the front door? Yes, sir. [00:42:05] Speaker ?: All right. [00:42:05] Speaker 5: And I take it that on this particular day, you don't remember what time of the day it was? [00:42:12] Speaker 3: Oh, we opened at 8.30, like 8.40-ish. [00:42:16] Speaker 5: All right. And this fellow, was his name of Kadeem Ambrose that brought this child in? [00:42:23] Speaker 3: No. [00:42:25] Speaker 5: Who was the man's name? Keon Benton? Yes. Was that his name? Okay. And he brought the child in about 8.40 that morning? Yes. Is that right? Did he identify who the child was? [00:42:38] Speaker 3: No. [00:42:39] Speaker 5: Okay. And as a receptionist, you didn't know what to do. You just called for help. Is that right? Right. And really, that's all he did? Yes, sir. In other words, did someone else in the office ask you to call 911? [00:42:54] Speaker 3: No, I knew to call 911. [00:42:56] Speaker 5: Oh, okay. How did you know that? [00:42:58] Speaker 3: I'm a mom. I would call 911. Pardon me? I'm a mom, so I have just instinct to call 911 when you say something. [00:43:03] Speaker 5: And how many people were working in the doctor's office that day? [00:43:07] Speaker 3: 20, 25 people. [00:43:08] Speaker 5: Okay. And so you immediately called 911 and then got, was it Dr. Waters who came up first? [00:43:15] Speaker 3: No, it was Dr. Ford. [00:43:16] Speaker 5: Dr. Ford? Yes. Okay. And did you help administer any tests to the child? [00:43:23] Speaker 3: No, I did not. [00:43:25] Speaker 5: Did you just step back and call 911? [00:43:28] Speaker 3: I stayed at the front and called 911. Okay. [00:43:31] Speaker 5: And that's the only connection that you had with this case? Yes, sir. Do you know Ms. Davis? No, sir. Have you ever seen her before? No, sir. Judge, that's all happened. I thank you. [00:43:45] Speaker 1: Anything else with this witness? [00:43:48] Speaker 5: No, ma'am. [00:43:48] Speaker 1: In fact, you may be excused. You're free to go or say as you wish. Thank you. [00:44:00] Speaker 4: Well, Emily Baker. [00:44:14] Speaker ?: You should repeat this. [00:44:36] Speaker 4: Can you raise your right hand, please? You still have more firm testimony about giving me the truth, the whole truth, and nothing but the truth. So help me God. Thank you. Thank you. Be seated. Can you state your name for the record, please? [00:44:51] Speaker 1: Not that one, Ms. Baker. That's the extra one. That one in front of you. I'm not. We should move back so it's not distracting you. Go ahead. It's Emily Baker. [00:45:00] Speaker 4: Is that just a common spelling? It's a common spelling, Emily Baker. Can you spell it before we work with? [00:45:07] Speaker 6: E-N-I-L-Y-B-A-N-E-O. [00:45:11] Speaker 4: Ms. Baker, how are you employed currently? [00:45:13] Speaker 2: I am employed. I'm in the Air National Guard full-time. I work at primary pediatrics, all my members. [00:45:21] Speaker 4: Okay, how long have you worked for primary pediatrics? [00:45:24] Speaker 2: Before I joined the military, I was there seven years. [00:45:28] Speaker 4: Seven years. Okay, so did you work there in 2020? Yes, sir. November of 2020? Yes, sir. [00:45:35] Speaker 2: Yes, sir. [00:45:36] Speaker 4: Okay. And do you recall that November 17th, 2020, is that day that came out to you at all? Yes, sir. Okay, why? [00:45:44] Speaker ?: That is the day that Carter Ambrose came out. And we had a call in the morning. [00:45:52] Speaker 4: Okay, so what were you doing? [00:45:54] Speaker 2: It was the beginning of the morning, so we didn't really start working yet, and it was still kind of at the end of COVID. And then we had a call from the front stating that there was a child, a child, a lifeless child. So we went out there, me and one of the nurses. So we went out, told him to come back, put him in a room, went in there, asked the guy, you know, we had to assess what was going on, and then realized that he needed attention passed. [00:46:34] Speaker 4: Okay, so let me back up. You said that you were in the back? [00:46:38] Speaker 2: Yes. [00:46:38] Speaker 4: What were your duties? [00:46:40] Speaker 2: So I'm a medical tech. Okay. So I'm going to learn about the patient, find out what's going on, get vitals on, and then put it in the system and let the doctors know what's going on. [00:46:51] Speaker 4: Okay, so you're at work this Tuesday morning? Yes. Just like it's an ordinary day, right? Okay. And then you said a man came with a child? Yes. Okay, did you know who that man was? I'm not sure. Okay, who was the child? [00:47:06] Speaker 2: It was Carter Ambrose. [00:47:07] Speaker 4: Okay, did the man know who the child was? [00:47:10] Speaker 2: Yes. [00:47:11] Speaker ?: Okay. [00:47:11] Speaker 4: Did he provide any of his information? [00:47:15] Speaker 2: Carter, any of Carter's information? Correct. He provided the basic information that he knew. Okay. We found out that he was a boyfriend of the mom. Okay. [00:47:30] Speaker 4: But you didn't really know at that time? Right. Okay. So where did you first see Carter? [00:47:38] Speaker 2: In the waiting room. Like when you're, like, our doors are right here, but, like, if you're facing the parking lot, our door's to the left. So that's the fourth hall. So, and when they come in, like, he was in the lobby. So he was holding Carter in his arms, so he was holding Carter in his arms, and so we just pulled, we directed him to a room. Okay. [00:48:01] Speaker 4: So we directed him to a room? [00:48:02] Speaker 2: Me and Casey. Okay. The nurse. [00:48:04] Speaker 4: Casey, what's Casey's last name? Do you recall her last name? Hold on. Hold on, I wouldn't wait. [00:48:16] Speaker 2: Is it copper? Yes. Okay. Sorry. [00:48:22] Speaker 4: So you ushered Carter to a room? [00:48:25] Speaker 2: Right. [00:48:25] Speaker 4: Correct. Okay. And how many people went to that room? [00:48:30] Speaker 2: So me, Casey, Dr. Robert Ford was in there. There was a nurse practitioner, like, about two nurse practitioners, and another nurse that I recall. [00:48:50] Speaker 4: And what was the atmosphere like with everybody in there? [00:48:52] Speaker 2: What was going on? Everybody was just working together. I know there's someone, they were going to get IV, so they could start an IV. Dr. Robert Ford was on the table, well, we was listening to him, and then he could tell the black numbers, barely any part of it. So he got on the table, started building compressions. So it was kind of like calm chaos. And then I would come out, call 911, and they asked for address, phone number, all the basic information, and then we were just relaying it back and forth. [00:49:37] Speaker ?: Okay. [00:49:38] Speaker 4: So what did, I think, did you say Dr. Ford? [00:49:41] Speaker 2: Dr. Robert Ford. [00:49:42] Speaker 4: Robert Ford, okay. You said, I think, compressions, is that right? [00:49:45] Speaker 2: It was doing CPR. CPR. [00:49:47] Speaker 4: Oh, yeah. [00:49:48] Speaker 2: I think they did the, the, the, uh, child machine on them. You said it'd take two years? Yeah. Um, I've heard of him. [00:49:59] Speaker 4: Okay. [00:50:00] Speaker ?: Okay. [00:50:01] Speaker 4: When you first saw the child, what did he look like? [00:50:03] Speaker 2: Uh, he was, uh, limp, uh, lifeless. Um, the bottom of his feet were, uh, like, white. There was no color to him. And his eyes were rolled in the back of his head. [00:50:14] Speaker ?: Okay. [00:50:15] Speaker 4: And the man who brought him in, did he say anything about the child's situation? [00:50:19] Speaker 2: Um, once we got in the room, um, he did. What did he say? Um, he said, he stated that the night before, um, that he was, uh, that he was vomiting. Um, and then he said he, he gave him a breathing treatment. Um, and he said that, I'm not sure if it was before, after the breathing treatment, um, that he was bent down on his hand, kind of, I'm assuming, like, a seizure, because he was having a seizure. Um, and then he said, before he brought him in, he said that, um, he, he had a belt. [00:51:01] Speaker 4: He had a bowel movement. Did he say the child was throwing up or anything like that? [00:51:05] Speaker 2: Yes, that was, um, later, or during the morning. [00:51:11] Speaker ?: Okay. [00:51:12] Speaker 4: And, so you called 911, so did EMS show up? [00:51:16] Speaker 2: They did. [00:51:17] Speaker 4: Now, I know it was a long time ago, but do you recall roughly how long the child was there at primary pediatrics receiving care before EMS came? [00:51:28] Speaker 2: Um, I would say at least 20 minutes before they arrived. [00:51:36] Speaker 4: Nothing for you this time. [00:51:38] Speaker 2: Mr. Greer. [00:51:39] Speaker 5: Thank you, Honour. Your last name was Baker, is that correct? Yes, sir. Mr. Baker, my name is Jeff Greer. I'm a lawyer for Warner Robins, here representing Ms. Davis. Have you ever met Ms. Davis? [00:51:54] Speaker 2: Um, I might have seen her passing at the doctor's office, but. [00:51:58] Speaker 5: My senior where? [00:51:59] Speaker 2: Possibly at the doctor's office, but not the person I know. [00:52:02] Speaker 5: Okay. And, and you, you were there at this, uh, uh, pediatric place for, let's say, seven years? [00:52:09] Speaker 2: Yes, sir. [00:52:09] Speaker 5: From when to when? [00:52:10] Speaker 2: I started in January of 2000 and 13 or 14. Um, and then I was over seven years and then I went to the military and I recently came back to work. I just work on Mondays. [00:52:25] Speaker 5: Oh, you work at this St. Blaise on Mondays? Yes, sir. Oh, okay. Now, uh, after this, uh, event occurred, um, did someone from, uh, one of the doctors from, from the business there ask you to write up a statement? [00:52:43] Speaker 2: Yes, sir. Um, I believe everyone that was there that day, uh, wrote a statement and we, and you wrote [00:52:50] Speaker 5: up a statement, did you not? [00:52:51] Speaker 2: Yes, sir. [00:52:52] Speaker 5: When you met with the district attorney's office recently, you had a chance to go back over this statement, is that right? [00:52:58] Speaker 2: Yes, sir. [00:53:01] Speaker 5: And that, uh, you, you recall, uh, in writing the statement that the, the child was taken, uh, when, when there was evidence that the child was in a state of distress, that the child was taken to room number four, is that right? [00:53:17] Speaker 3: Yes, sir. [00:53:19] Speaker 5: And the, the, the child was taken there by, uh, by this, uh, uh, uh, uh, uh, male that brought the child in? [00:53:28] Speaker 2: Yes, sir. [00:53:29] Speaker 5: In other words, how, how was he transported? [00:53:31] Speaker 2: Um, he was holding him in his arms. Okay. So, the car was laying in his arms. Okay. And then. [00:53:37] Speaker 5: At any time, did you ever hold the child? [00:53:39] Speaker 2: No, sir. [00:53:40] Speaker ?: Okay. [00:53:42] Speaker 5: At any time, did you ever touch the child? [00:53:44] Speaker 2: Um, possibly to get, um, to get a heart rate, but just the, the usual vitals. [00:53:53] Speaker 5: All right. You had mentioned something earlier about, you say the, the, the man said something about the child had a seizure, is that right? [00:54:02] Speaker 2: Um, I'm not saying he said he had a seizure, I'm saying the details that he provided, it sounded to me like it could have been a possible seizure. I'm not saying that the child did. [00:54:13] Speaker 5: Okay. But you never mentioned that in, in whatever you wrote. [00:54:17] Speaker 2: Like, I just said that the child was biting down on him. [00:54:20] Speaker 5: Okay. But nothing about a seizure? [00:54:22] Speaker 2: No, sir. [00:54:23] Speaker 5: I mean, there's, there's a difference is there not between a child biting down on something and having a seizure, is that right? [00:54:30] Speaker 2: Yes, sir. [00:54:31] Speaker 5: Okay. I mean, I'm not trying to trick you, I'm just trying to see what happened. [00:54:36] Speaker 2: Yes, sir. [00:54:38] Speaker 5: And if Dr. Robert Ford was working with, with the child, is that right? [00:54:43] Speaker 2: Yes, sir. [00:54:44] Speaker 5: Um, I guess nurse practitioner, Gaddy, uh, was there helping, Dr. Ford, is that right? Yes, sir. [00:54:51] Speaker 2: Yes, sir. [00:54:52] Speaker 5: Was Ashley Howard a nurse practitioner? [00:54:55] Speaker 2: She's a nurse. [00:54:56] Speaker 5: A nurse practitioner nurse? [00:54:58] Speaker 2: Yes. [00:54:58] Speaker 5: Okay. Do you know who the other nurse practitioner was? [00:55:02] Speaker 2: I believe it was Amy Wood. [00:55:04] Speaker 5: All right. Amy Wood. Okay. And that, uh, I, I, did you yourself call 911 or did you instruct, instruct Taylor Schledge to call 911? [00:55:18] Speaker 2: I myself called 911. [00:55:19] Speaker 5: You did? Okay. And, uh, do you know who you talked to with 911? [00:55:25] Speaker 2: Uh, I don't, I don't, I don't remember. No, sir. [00:55:31] Speaker 5: And, uh, you called 911 and did they, they put you through to the, uh, the 911 center that's off Carl Winston Parkway, or do you know? [00:55:40] Speaker ?: I don't think. [00:55:42] Speaker 5: I take it at some point in time then, then, uh, someone, uh, EMS came out, is that right? [00:55:48] Speaker 2: Yes, sir. [00:55:49] Speaker 5: And do you know where they were from? No, sir, I don't. Did you go outside whenever EMS came? [00:55:55] Speaker 2: No, sir. [00:55:56] Speaker 5: You just stayed in the building, is that right? Did you have, after you called 911, did you really have any other involvement in this matter? [00:56:04] Speaker 2: Um, no, sir. [00:56:07] Speaker 5: I mean, you weren't asked to do any, you know, any work that required a technician. Is that right? [00:56:13] Speaker 2: And at that point, they're at pleasure. [00:56:19] Speaker 5: And once again, from the time that this man brought the child in until EMS got, there was probably about 20 minutes, is that right? [00:56:28] Speaker 2: That sounds. Is that all right? Yes, sir. [00:56:38] Speaker 5: Just, I had nothing else to say, Mr. Baker. [00:56:42] Speaker 1: Thank you, Mr. Baker. You may step down, you're free to go, or stay as you wish. Thank you. Call your next witness, please. [00:56:51] Speaker 6: Judge, stay called Amanda Gatti. [00:56:55] Speaker 5: Thank you. Ms. Gatti, this way, please. [00:57:42] Speaker 6: Ms. Gatti, if you would. [00:57:43] Speaker 2: Fridge right in. Do you swear if our testimony didn't get here before, this court is the truth, the whole truth, and nothing but the truth, so we go. Yes. [00:57:50] Speaker ?: Thank you. [00:57:51] Speaker 2: If you would, stage your hand for the record, please. Amanda, Danielle, Gatti. Maybe you don't mind spelling your name, too. What name? Yes. A-M-A-N-D-A-D-A-N-I-E-L-L-E-G-A-T-T-I-E. Thank you, Ms. Gatti. And you're a little bit soft-spoken, so if you could speak in, too. [00:58:10] Speaker 1: That one doesn't work. No. Goodbye. That is the stat, please, so that we can view the folks. Thank you. [00:58:21] Speaker 2: All right, Ms. Gatti, if you would, tell us what you would do. I'm a pediatric nurse practitioner at the pharmacy office. And how long have you worked at primary P.I.? Ten years. And you are a nurse practitioner. Tell me what degrees you have. All of them. [00:58:40] Speaker 8: I have several, sorry. So my first degree, I sent information technology, and then I went back and got my RN, and then [00:58:47] Speaker 2: returned again for my bachelor's, and I returned finally for my master's degree. So how long have you been a nurse practitioner? A nurse practitioner, ten years. [00:58:57] Speaker ?: Thank you. [00:59:01] Speaker 6: Now you would have been a nurse practitioner at primary pediatrics back in 2020, is that right? That's right. I'm going to turn your attention back to November 2020. [00:59:14] Speaker 2: Do you recall on November 17th, a child named Robin? [00:59:18] Speaker ?: Yes. [00:59:22] Speaker 2: And if you would, tell us what you remember. Okay. I'm not born and I was sitting in the office, which was on the back hallway of our office, and around 845-ish, I had another nurse practitioner heard the nurse hollering for help. So when you heard another nurse yell for help, what did you do with that? So I left my office and walked to the hallway where she was calling for help from. And what did you see? I walked into the room, the exam room before that they had put the baby in. [00:59:55] Speaker 8: I walked in there, and the nurse, Casey, and, I mean, Casey was in there assessing the baby, and Amy Wood, who's the other practitioner that was with me, she walked on in there, [01:00:05] Speaker 2: and Casey said he's unresponsive with the doctor. So I then left the exam room and went to the doctor's offices and asked Dr. Ford, Jesse, and Robert to come to the exam room for her. So you ran out of more help? That's right. Now, what did you notice about the toddler? Did you say he was like, likeless? Yes, on the exam table, a t-shirt and a diaper. And you described him as likeless, so unresponsive? That's right. And after you went to get more help, what happened at that point? At that point, I started talking with the guy that brought the baby in and trying to get information, birthday, last name, what happened, kind of give us a history while they were working on the carter. And did he give you any information about himself, who was named? No name, no. He said I'm a stepfather. So he refers to an insult with a stepfather? That's right. And was he able to give you basic information about the job? No last name, no date of birth. He just said I'm mom's boyfriend. As he told me what happened through the night, he knew that he had breathing problems, but that was the only information I could get from him during that time. During that time. So you sort of took on a conflict role for him? Mm-hmm. Right. And what is going on while you're talking to him? They're with Detective Carter. So they're trying to perform life-saving measures? That's correct. [01:01:39] Speaker 6: While they're trying to perform life-saving measures, the other night they were still in the office, [01:01:44] Speaker 2: did the man that you were talking to tell you anything else? [01:01:48] Speaker 8: Yeah, he had told me that Carter had been vomiting all night and that when he went to get him up that morning that he was in a large amount of vomit and stool. And he knew that he had breathing issues, so he put him on the breathing machine. And as he had Carter on the breathing machine, [01:02:06] Speaker 2: Carter kept passing out. So he stopped and just brought him into our office because we were close. But on the way, he seemed to Carter bit me or he was biting me. Now, was he in the room? Was he on the phone with anybody? He was on FaceTime with Mom. [01:02:26] Speaker ?: Okay. [01:02:27] Speaker 2: How were you able to determine if he was on the phone with? He stayed at Beth. And did you at that point know that the mom was? I had seen her in the office previously with Carter. Had you ever been? No. But you had physically seen her with Carter before? I have. [01:02:53] Speaker 6: And while everybody else in the room is working on Carter, [01:02:57] Speaker 2: did he say anything else? [01:03:00] Speaker 8: I mean, yeah, he kept questioning, is Carter okay? Is he breathing? And he was talking to Mom on the phone. And he would say, I can't see you. There's too many people in here. I just need you to breathe and get here. And then he would ask again, you know, he asked several times, was he breathing? And then he would rely that up to Mom on the phone and just say, [01:03:19] Speaker 2: I can't tell. Again, there's too many people in here. I need you to get here. Babe, that doesn't matter. I just need you to get here. Babe, I can wait. I just need you to get here. [01:03:31] Speaker 8: When I asked what Carter's last name was, we were trying to get basic information. He said, then to Mom on the phone, [01:03:37] Speaker 2: Babe, what is his last name? And you had mentioned, you'd seen a partner in the pediatrician. Okay. And you'll remember Mom. Yes. She'll break down. Yes. Mom and Dad. Different times. And that would be biological death. Right. Yes. Not in that environment that day. Okay. I had never seen the man that brought him in that morning. [01:04:03] Speaker ?: Okay. Thank you. [01:04:09] Speaker 2: Now, this is a pediatrician's place. Do you keep active records? We do. And are you familiar with [01:04:17] Speaker 6: how the medical records have? Do you write books for some? I do. And you do that because you are in our practitioner? [01:04:23] Speaker 2: That's correct. So when you see patients, tell me that process. Like in our office? [01:04:29] Speaker 8: Yes. Yes. So patients come in. I mean, I see them completely document as I'm in the room, document when they leave. I fully document like an HBI, which is a history and present illness of what's stated from the parents or care of what's going on. Document my full exam, [01:04:47] Speaker 2: full treatment, diagnosis, any follow-up recommendations. And have you previously reviewed any medical records for Carter? At that point, [01:04:59] Speaker 8: no. I mean, I had seen Carter, so I had created medical records, but I had not reviewed them necessarily. [01:05:05] Speaker 2: Is that what you're asking me? Let me clarify. That's a little confusing since they had reviewed medical records for Carter. Only with you guys. Say that? Yes. If I were to show you those medical records, would you be able to identify them? Yes. [01:05:19] Speaker 6: May I approach it? You may. [01:05:29] Speaker ?: All right, Miss Gowdy, if you could really come with us. This is our medical record. This is what they recid [01:05:36] Speaker 2: gets when they come into our office. For the record, Your Honor, I'm showing Miss Gowdy what's been marked [01:05:40] Speaker 6: at the state's exhibit one. And are they the seasonal records, correct? That's correct. And are they [01:05:48] Speaker 2: regularly kept in the course of business? Yes. And you reviewed those medical records? Yes. Are those medical records for Carter? Yes. Carter Ambrose? And are they an accurate representation of those medical records? Yes. Have they been changed or altered in any way? [01:06:07] Speaker 8: No. [01:06:08] Speaker 2: Your Honor, this time the state looks under into evidence state's exhibit one medical records for Carter Ambrose. They're admitted. [01:06:16] Speaker 6: All right, Miss Gowdy, if you would [01:06:18] Speaker 2: take a look those [01:06:19] Speaker 6: before this date, the date of November 17th of 2020, he'd been brought into the office. [01:06:37] Speaker 2: Right. Yes. What are some of the things that he had been previously seen for? cooperating those liberate fever. This one looks like he had been sick and just needed to kind of be cleared to go back to the sitter. [01:07:03] Speaker 8: swelling mouth. [01:07:06] Speaker ?: Looks like he had [01:07:06] Speaker 8: been eating something maybe that caused [01:07:08] Speaker 2: an urgent reaction or swelling. Ear infection. [01:07:20] Speaker 8: Make sure you're speaking up for me. Okay, I'm sorry. Cough, [01:07:24] Speaker 2: breathing, heavy, running nose. That was a well-child check on that one. [01:07:39] Speaker 8: Hyrhea and cough. [01:07:46] Speaker 2: We had some chest x-ray results that mom was called back about. Cough, running nose. These are just like inhaler refills for or refills for hands and healers. Hand, foot, and mouth. Cough for the history of asthma. Well-child check. Rash. Refills. Running nose and breathing issues. [01:08:28] Speaker ?: Cough. [01:08:29] Speaker 8: Recheck ears. Bump on his butt cheek. Cough. [01:08:43] Speaker 6: Ear recheck. [01:08:48] Speaker 8: Cough. Cough. Cough in the ears. Cough and sneeze. [01:08:58] Speaker 2: blood bites, cough congestion breathing hard, running hose and congestion, cell child check, [01:09:27] Speaker 8: and fever and congestion. [01:09:34] Speaker 2: So these would be breaking problems, stuff that you see for a small child. [01:09:52] Speaker 6: Thank you. [01:09:54] Speaker 5: Good afternoon, Ms. Candy. Are you still working for these people? I am. And how long have you been there? Ten years. [01:10:06] Speaker ?: Well, April will be ten years. [01:10:06] Speaker 8: April of next year? [01:10:07] Speaker ?: Nine. [01:10:08] Speaker 8: Okay. [01:10:09] Speaker 5: And all those documents that you looked through as far as state certificate one, did you help, in the course of your employment, help generate all of that? Not all, but some. [01:10:25] Speaker 8: Some of the visits were where I saw Carter. Okay. But not all. [01:10:29] Speaker 5: Would there be some times that only you would see Carter or you and one of the doctors? [01:10:37] Speaker 8: Most of the time it would be that I would see Carter unless it would, I mean if it were my visit, I would see him unless I felt the need to pull the doctor in on something. [01:10:46] Speaker 5: Okay. All right. So, how many doctors currently work there? [01:10:51] Speaker 8: There are four doctors and three nurse practitioners. Okay. [01:10:57] Speaker 5: Tell me who the doctor, in November of 2020, who were the doctors there? Okay. [01:11:02] Speaker 8: Dr. Robert Ford, Dr. Jessica Ford, Dr. Jill Waters. All right. The fourth one has been added since then. All right. [01:11:09] Speaker 5: And the documents that you have in this packet of papers reflects visits that Ms. Davis had with the child with either you or either one of the four doctors or with Dr. Waters, is that right? [01:11:26] Speaker 8: Or the other nurse practitioners in the office. [01:11:28] Speaker 5: All right. Or the practitioner. Okay. Yes. Do you know when this child was born? [01:11:36] Speaker 2: I don't. I mean, I can look at a paper from here, but... [01:11:39] Speaker 5: January the 14th of 2018. Does that sound about right? Mm-hmm. All right. And at the time that the child was born, was your facility used as primary care for this child? [01:11:55] Speaker 8: That's right. Pardon? As he was, when he was born? Right. I'm not sure when he started to see it. That's when his first little visit was. All right. [01:12:02] Speaker 5: And you were aware, are you not, that he was hospitalized less than a week into his life because he was having breathing problems. Is that right? Yeah. I'm not aware of that. No. Okay. Do you know if Dr. Waters was involved in that? Yeah, just about. Okay. But nonetheless, there's plenty of evidence in there that this child had an asthma problem. Is that right? That's right. And a lot of other problems, too. Is that right? [01:12:30] Speaker 8: I mean, we saw it most often for asthma, like cough congestion and cold symptoms. Oh, right. [01:12:36] Speaker 5: Oh, right. [01:12:37] Speaker 8: I wasn't aware of any other medical problems. Okay. And you don't know of any other medical problems, do you? Not that I'm aware of them. [01:12:43] Speaker 5: Were you aware that during the majority of this time that Carter was a patient at your place that Ms. Davis lived with a child right down the road? Mm-hmm. Does that mean anything to you? If someone moves right next to where your doctor's office is at? Objection? Speculation? Objection sustained. [01:13:07] Speaker 1: Okay. I thought about that. Okay. [01:13:10] Speaker 5: And Ms. Gatti, on the date that November the 17th of 2018, we were able to go to the month of 2020, were you there when the child was brought in? I was. And where were you located at physically? [01:13:35] Speaker 8: When he walked through the front door. I was in the office in the back of our office. [01:13:40] Speaker ?: All right. [01:13:41] Speaker 5: And were you called upon me to go check on the child? When the nurse hollered for chills, yes, I got up. Okay. And who was it that hollered for him? [01:13:50] Speaker 8: Casey Cochran. [01:13:51] Speaker 5: And where was the child taken to? [01:13:56] Speaker 8: Exam room four. [01:13:58] Speaker 5: And you went in there with whom? [01:14:01] Speaker 8: Amy Wood, my nurse practitioner. [01:14:03] Speaker 5: And is that when Dr. Robert Ford went in? [01:14:06] Speaker 2: No, sir. Amy Wood went ahead and went into the room, and Casey looked at us and said he's unresponsive. [01:14:11] Speaker 8: I need the doctor, so that's when I went and got the doctors and left the room. All right. [01:14:16] Speaker 5: And at some point in time, who was it that called 911? Or do you know? [01:14:21] Speaker 8: I want to say there were maybe two people that called, but I'm not sure exactly who it was. [01:14:26] Speaker 5: And at some point in time did EMS eventually show up? Yes. Do you know how long from the time that EMS was there was it from when the child first arrived at your place? [01:14:40] Speaker 8: I'm not aware of that. I don't know the time frame. Okay. [01:14:43] Speaker 5: Once the child was taken by EMS, did you have any other care for the child? No. Just a second. When you saw Carter that morning, did you notice anything alarming in his behavior or his condition? [01:15:23] Speaker 2: He was unresponsive. [01:15:30] Speaker 5: And I take it that you carried on a conversation with this man, Mr. Benton? [01:15:36] Speaker ?: I did. Did you? I did. You knew who Carter was, didn't you? I did. Okay. [01:15:42] Speaker 5: And as a result of that, I mean, your office could just pull up his, could go to his page or whatever and you would know what to look for, is that right? [01:15:53] Speaker 8: Once we had appropriate identifying factors we could, but I mean we see a lot of Carters. Okay. So like just him walking in the door, we would not be able to say this is his full name date of birth, but we would have access to that, yes. [01:16:06] Speaker 5: Did you have an opportunity to talk to Mrs. Davis on FaceTime? No. [01:16:10] Speaker 8: She was, I was sitting here, the man that brought her in was directly beside me and she was on FaceTime on his phone. Okay. I never spoke to her on FaceTime. [01:16:19] Speaker 5: And you were aware at that time she was about an hour away? I wasn't sure where she was. I mean, I wasn't sure where she was. I mean, was it indicated to you that she was an hour away? No, it wasn't. I mean, you didn't know where she was. [01:16:30] Speaker ?: I did not. [01:16:31] Speaker 5: Okay. And did you have a chance to, did she come to your place of business and talk to you afterwards? She did not. Thank you, ma'am. Anything else for her? Yes, sir. Okay. Okay. Okay. [01:16:44] Speaker ?: Okay. Ms. Gatti, what are the symptoms of an asthma attack? Um, cough. There's, there's obvious signs, nasal flaring, retractions, um, cough, wheeze. [01:16:46] Speaker 1: We're not bright enough. Not of an asthma attack. [01:16:48] Speaker ?: For bowel movements? No. Okay. Anything else for her? Anything else for her? Yes, sir. Okay. Okay. [01:16:56] Speaker 2: Ms. Gatti, what are the symptoms of an asthma attack? Um, cough. [01:17:00] Speaker 8: There's, there's obvious signs, nasal flaring, retractions, um, cough, wheeze. [01:17:09] Speaker ?: Um, we're not bright enough. [01:17:10] Speaker 8: Not of an asthma attack. For bowel movements? No. Not of an asthma attack. Not of an asthma attack. For bowel movements? [01:17:16] Speaker ?: No. Not of an asthma attack. Mr. Gatti. Thank you, Ms. Gatti. You may be excused. You're free to go or stay as you wish. You can leave the documents right there. Okay. Okay. We're going to take a short break. Um, and then we're going to try to get a couple more witnesses in. Don't talk about the case. Don't let anybody talk about it with you. [01:17:31] Speaker 1: You can just leave your notepads in the chest. Because they're coming right back in. [01:17:33] Speaker ?: Um, there are, is water and coffee in the journal room? Yes. Um, and then we're going to talk about the case. You can just leave your notepads in the chairs. Because they're coming right back in. Um, there are, is water and coffee in the journal room? If you need a caffeinated beverage, uh, the bale will walk you down. You won't buy it. But they'll show you where the cup machine is. Um, if you need a caffeinated beverage, uh, the bale will walk you down. [01:17:43] Speaker 1: You won't buy it. But they'll show you where the cup machine is. Um, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage, uh, the bale will walk you down. You won't buy it. But they'll show you where the cup machine is. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. 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Uh, if you need a caffeinated beverage. [01:18:22] Speaker ?: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:18:28] Speaker 1: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:18:30] Speaker ?: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. 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Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:41:21] Speaker 5: Uh, if you need a caffeinated beverage. [01:41:22] Speaker ?: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:41:39] Speaker 4: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:41:50] Speaker 7: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:41:54] Speaker 4: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:41:56] Speaker 7: Uh, if you need a caffeinated beverage. [01:41:57] Speaker 2: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:42:01] Speaker 4: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Um, if you need a caffeinated beverage. [01:42:04] Speaker 7: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:42:07] Speaker ?: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:42:21] Speaker 4: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:42:27] Speaker 2: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:42:42] Speaker 4: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:42:48] Speaker 2: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:42:57] Speaker 4: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:43:05] Speaker 2: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:43:24] Speaker 4: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:43:28] Speaker 2: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:43:37] Speaker 4: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:43:40] Speaker 2: Uh, if you need a caffeinated beverage. [01:43:41] Speaker 4: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:43:43] Speaker ?: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:43:49] Speaker 2: Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. Uh, if you need a caffeinated beverage. [01:44:07] Speaker 4: Uh, you heard yelling. Where did you see the child? On the bed. [01:44:10] Speaker 2: When I finally got to the room. Okay. [01:44:12] Speaker 4: And do you recall which room that was? [01:44:14] Speaker 2: It was on Dr. Ford's side. Um, I believe. Room 4. [01:44:18] Speaker 4: Okay. And what. [01:44:20] Speaker 2: Did you go into the room? Yes. [01:44:22] Speaker 4: And what did you do when you went in the room? [01:44:23] Speaker 2: I assisted situation. I tried to ask. Uh, um. The man who brought him in. At the time we didn't. I didn't know who he was. To ask questions. I asked him some questions. Who he was. Um, what happened. And then I just started working. on the child. Okay. When you started working on the child. What did you do? I tried to place an IV. Okay. And were others in the room with you? Yes. Okay. Who all was in the room with you? Um, Dr. Robert Ford was in the room. Jessica Woods was in the room. She's RN. Um, Danielle Gatti was in the room. Um, the boyfriend we thought was the stepdad at the time. He was in the room. Um, and then the work day. So you said that you tried to place an IV. Yeah. [01:45:05] Speaker 4: So you said that you tried to put an IV in him. What were other people doing? [01:45:10] Speaker 2: CPR was in place. Um, oxygen was being placed on. I know there was others outside calling 911. Um, there was just a lot in commotion. And then trying to figure out what was going on with him. Okay. Okay. [01:45:23] Speaker 4: And, I mean, there was a lot of trying to figure out what was going on. So, I mean, did you kind of figure out what was going on? [01:45:29] Speaker 2: It was, it was hard. It was from just bits and pieces of the story. But, from what I gathered, he either had some breathing issues and was brought in. And, it was, I think there was more to it than what was in our face. [01:45:46] Speaker ?: Okay. [01:45:47] Speaker 4: So let me, let me say this. Do you know who the man was who brought the child in? At the time, no. [01:45:52] Speaker 2: I believe he was the boyfriend of the mother. [01:45:55] Speaker 4: Did you have any interactions with him while he was there with the child? [01:45:58] Speaker 2: Yes. I tried to ask the child's last name. Um, I believe he was on the phone with the mom. Um, and he had to ask the last name, the dead birth, and all the information. [01:46:08] Speaker 4: So you overheard them conversing? Okay. Was anything else said? [01:46:13] Speaker 2: It, she, it sounded like she was at work. And he was telling her not, not to worry about something and just get here. He just kept saying, don't worry about that. Get here. [01:46:22] Speaker 4: Did he say anything about the child's symptoms? Prior to bringing the child? [01:46:29] Speaker 2: That he was, otherwise, thrown up and just having to bring the problems and very lethargic. Okay. [01:46:35] Speaker 4: Did he say, he just said the child was lethargic. Did he say the child was doing anything else? I, I don't recall. Okay. Do you know how long y'all worked, um, on the child? Maybe 30, 45 minutes before EMS came. [01:46:55] Speaker 2: Okay. [01:46:56] Speaker 4: Before, so did somebody call 911? Yes. Okay. And so then EMS came? Mm-hmm. Okay. And then what happened when EMS got there? [01:47:04] Speaker 2: EMS came, since the scene, took him to the, to the truck and took him to the hospital. [01:47:09] Speaker 4: Okay. Do you, do you know where they took him? Peach County, I believe. Did you do anything after that except the child? [01:47:19] Speaker 2: I just remember we all just kind of debriefed and trying to figure out what exactly just happened and did her statements while it was fresh in our brain. Okay. [01:47:30] Speaker 4: Okay. Okay. And let me ask you this. Do you recall the man who dropped the child in, if he said anything about the child? Was it consciousness? [01:47:38] Speaker 2: I, I believe so, when he came in because he said he had been sick for a couple of days and had been vomiting and having diarrhea and said he was kind of alhargic in and out of it. Um. Nothing further than that. [01:47:53] Speaker ?: Mr. Groove, she's with you. Thank you, hon. Ms. Kelly, my name is Jeff Groove. I'm a lawyer for Warner Robins. I have a few questions I ask every y'all for a representative. Ms. Davis in this matter. [01:47:59] Speaker 5: Is it your recollection that, that, uh, uh, uh, this child was presented at your, uh, at your office on November the 17th of 2020 at about 8:48 in the morning? Ms. Yes, sir. And I, I, I'm looking at, at subsequently you wrote a note or were asked to write down what, your version of what happened was? Ms. Mm-hmm. Okay. Um, since then, and I take it you've been to the district attorney's office, is that right? Ms. Yes, sir. And, and I take it that you went over this statement that you wrote? Ms. Yes, sir. Okay. Ms. And, uh, once again, at that particular point in time, you were asking, or you heard the shouts for either a nurse practitioner or Dr. Ford because you were on this hall, is that right? Ms. I was in the vicinity. [01:49:06] Speaker 2: I wasn't technically on his hall. All right. [01:49:08] Speaker 5: But nonetheless, you, you answered the call, and was the child already, um, on the bed in room number four? Ms. Yes. Ms. Um, did, did you, was the child, did the child have any clothes on? Ms. I don't, I don't remember. Okay. Did, did you look at the child, see if the child had any bruises or? [01:49:37] Speaker 2: Ms. I did look at his arms. I went to do his, his IV and his legs, um, because they were very cold and pale. Um, but I didn't see any noticeably, like, bruises or cuts or anything. Okay. [01:49:49] Speaker 5: You didn't see any bruises on his arms or his legs? Ms. His arms or his legs. Did, did you, by chance, have an opportunity to look at, uh, look at his chest to see if he had any, any even bruises or discoloration or disfigurement or anything on his? [01:50:06] Speaker 2: Ms. I, I don't remember because they were doing CPR. There was so much. Ms. Sure. Ms. Going on, I was trying to focus on trying to get him fluids. [01:50:12] Speaker 5: Likewise, you couldn't tell us if there were any marks or anything on his back? Ms. Yeah. But, but there was nothing, nothing that caused you any concern as far as any bruises is concerned. [01:50:25] Speaker 2: Ms. Yeah. Ms. Yeah, that's right. [01:50:27] Speaker 5: Ms. And I take it that they were trying to do, uh, Dr. Ford, Robert Ford was doing chest compressions. Is that right? Ms. Yes, sir. Ms. And then Dr. Chester Ford was trying to, and Amy Wood were trying to put a mask on the child [01:50:44] Speaker ?: of some sort. Ms. Is it called an ampumas? Ms. Or oxygen. Yes, sir. Ms. Oxygen. [01:50:49] Speaker 5: And that was, that was not going for a while, was it? Ms. I don't think so. [01:50:53] Speaker 2: Ms. Okay. [01:50:54] Speaker 5: Um, had you ever, um, this, did you come to know who this child was? Ms. Yes. Ms. Carter Ambrose, is that right? Ms. Yes. Ms. And, and, and, and you remember treat, ever treating him before? Ms. No, sir. Ms. Okay. Ms. Um, I mean, I guess what I'm asking is, do you know if he was a regular patient, uh, at your office? Ms. From his records? [01:51:22] Speaker 2: Ms. Yes. Ms. But I was not ever in his care. Ms. Okay. Ms. Not that I've been involved. Ms. At any point in time did you have the occasion? [01:51:27] Speaker 5: Ms. We've seen several medical records of, of Carter. [01:51:28] Speaker ?: Uh, have you had a chance to go over them? Ms. I have not. Ms. Now, let me ask you this, that there was some, some, some testimony about the child had, uh, had, uh, had thrown up or vomited some previously. Ms. You heard that from the, the man that brought the child in? [01:51:40] Speaker 5: Ms. Yes, sir. [01:51:41] Speaker ?: Ms. Did you see any evidence of that? Ms. I don't recall. I don't think so. Ms. I think he had said he had bathed him before coming in. Ms. Okay. [01:51:46] Speaker 5: Ms. But you, did you smell any vomit on him? Ms. Yes, sir. Ms. Did you see any evidence of that? [01:51:49] Speaker ?: Ms. I don't recall. [01:51:49] Speaker 5: I don't think so. Ms. I think he had said he had bathed him before coming in. Ms. Okay. Ms. But you, did you smell any vomit on him? Ms. Yes, sir. Ms. I don't recall. Ms. I don't recall. I don't think so. Ms. I think he had said he had bathed him before coming in. Ms. Okay. Ms. But you, did you smell any vomit on him? Ms. Yes, sir. Ms. I don't recall. [01:52:02] Speaker 2: Ms. I don't recall. [01:52:03] Speaker 5: Ms. I don't recall. Ms. I don't recall. [01:52:05] Speaker 2: I don't think so. Ms. I think he had said he had bathed him before coming in. Ms. Okay. [01:52:10] Speaker 5: Ms. But you, did you smell any vomit on him? [01:52:13] Speaker 2: Ms. I don't remember. [01:52:15] Speaker 5: Ms. For the most part, did the child appear to be clean? [01:52:22] Speaker 7: Ms. He, he did. [01:52:24] Speaker 5: Ms. Well, the, the, the, the child was unconscious, you say, the entire time that you saw him? Ms. Yes, sir. Ms. Pardon? Ms. Yes, sir. Ms. And, was it your testimony that, that before EMS came to get the child, that was 30 to 45 minutes, 35, 30 to 45 minute period of time, is that right? Ms. About that, yes, sir. Ms. And then EMS came, were you outside when the child was taken by EMS? Ms. I was not. Mr. You have no knowledge as to how long EMS, if you had the child outside before they took off? Ms. Yes, sir. Ms. Had no way of knowing? Ms. Did, did you ever get an IV in, in his arm? Ms. I did. Ms. You did? Ms. You had written in your statement that, that there was an attempt made to, to run fluids, but the IV blew. What does that mean? [01:53:33] Speaker 2: Ms. Meaning what the fluid, so the, the needle was the, it was in the vein, and then once the fluids were going through, the vein wasn't strong enough to hold it, so it exploded basically. Mr. It did what? Ms. It like, expands. It pops the vein basically. Mr. You wrote down that it was DC, what's that mean? Ms. Discontinued. [01:53:48] Speaker 5: Mr. Discontinued, okay. Mr. Just a section on the list. Thank you. Thank you. Ms. Anything else, counsel? Mr. Excuse me, sir. [01:53:54] Speaker ?: Ms. Thank you, Ms. Kelly, you're free to go, stay as you wish. Ms. Call your next witness, please. Mr. St. Paul's Lisa James. Mr. Thank you, Ms. Kelly, you're free to go, stay as you wish. Mr. Thank you. Mr. Thank you, Ms. Kelly, you're free to go, stay as you wish. [01:53:58] Speaker 5: Mr. Thank you. Mr. Thank you, Ms. Kelly, you're free to go, stay as you wish. [01:54:00] Speaker ?: Mr. Call your next witness, please. Mr. Thank you. Mr. Thank you, Ms. Lisa James. Mr. Thank you, Ms. Kelly, you're free to go, stay as you wish. Mr. Call your next witness, please. Mr. Thank you, Ms. Lisa James. Mr. Thank you, Ms. Kelly, you're free to go, stay as you wish. Mr. Call your next witness, please. Mr. Thank you, Ms. Kelly, you're free to go, stay as you wish. Mr. Thank you, Ms. Kelly, you're free to go, stay as you wish. Mr. Thank you, Ms. Kelly, you're free to go, stay as you wish. [01:54:10] Speaker 1: Ms. Kelly, you're free to go, stay as you wish. Call your next witness, please. [01:54:40] Speaker 6: Ms. Williams, do you want to raise your right hand? Do you swear if your testimony shall get your court scores, if you hold it, or if the number is true, shall we go? [01:55:07] Speaker 2: Yes. Thank you. Ms. Kelly, you're going to say your name for the record, please. Ms. Lisa James. Okay. That would be just call and sell them? Ms. Yes. Ms. James, what did you do? Ms. I'm an honor. Ms. How long have you been an honor? Ms. 16 years. Ms. And where did you work? Ms. I currently work at Inhabit Home Health. Ms. Have you already worked there? Ms. No, I just started. Ms. Where did you work previously? Ms. Peach County ER. Ms. As an honor? Ms. Yes, ma'am. Ms. Okay. What did you do for Peach County ER as an honor? Ms. I was the charge nurse for Dacia. Ms. Explain to me what the charge nurse is. Ms. I'm responsible for all the patients in the emergency room as well as the nurses and anything emergent that comes in. Ms. So you're a nurse but also for management too? Ms. Yes. Ms. Thank you. Ms. I was at that time. Ms. Thank you for clarification. Ms. Right. I'm going to turn your attention back to November of 2020. Ms. Did you work at each county ER then? Ms. Yes. Ms. And do you remember a small African American child they brought in at some point? Ms. There was one brought in, yes. Ms. Unresponsive. Ms. Tell me what you remember from that. Ms. EMS colden reports. Ms. EMS colden reports which we could hear in the ER and we respond back and they said they were coming in with a approximate two-year-old infant that was not breathing and had no pulse. Ms. And did you observe the infant yourself? Ms. Yes. Ms. Something that you observed? Ms. The infant was not breathing and did not have a pulse. Ms. The baby was cold to the touch. Ms. His clothes were wet. Ms. I mean he was just covered from head to toe in water. Ms. And do you recall with any ER? Ms. Do you recall nurses anyone actually worked on the child? Ms. I do not recall if we actually worked the child or not because he was already diseased at that point and there had been some time frame in between. Ms. So essentially what you observed was an unresponsive life in the child? Ms. Yes. Ms. Yes. [01:57:31] Speaker ?: Ms. I have a further for this witness judge. Ms. Gary. Thank you honor. [01:57:34] Speaker 2: Ms. James good afternoon. Ms. James good afternoon. [01:57:36] Speaker ?: Ms. James my name is Jeff Groove. [01:57:36] Speaker 2: I'm a lawyer for Warner Robins here representing Ms. Davis in this matter. [01:57:37] Speaker 5: You say this was on the morning of November the 17th? [01:57:38] Speaker ?: Is that right? [01:57:38] Speaker 5: Ms. I'm not sure of the time frame. Okay. But it was in the morning shift. [01:57:41] Speaker ?: Is that right? [01:57:41] Speaker 5: It was in the morning shift. Is that right? Yes. here representing Ms. Davis in this matter. You say this was on the morning of November the 17th, is that right? I'm not sure of the time frame. Okay, but it was in the morning shift, is that right? They shift. About 9.30 in the morning sound about right? I honestly do not know the exact time. Do you know if either at the time of this incident or subsequent to the incident that you put together or prepared any sort of documents that you would be kept by the hospital as to what happened? Yes, absolutely. The hospital should have that documentation from that day. And have you talked previously with the district attorney's office about what your testimony would be today? No, sir. I mean, he subpoenaed me and we talked today, yes. Oh, okay. Now, I take it that the child came and the hospital, your hospital is right there off of John L. Sullivan Road, is that right? Yes. In Byron. Are you familiar? It's off 49 connected. Okay. Near Hausermill Road, is that right? Yes. Yes. All right. And the child was transported by Houston EMS, is that correct? I do believe so, yes, sir. Okay. Were you there waiting for the ambulance to get there or? Yes, sir. [01:59:30] Speaker 2: Okay. When the child was brought in. When the child was brought in, was the child wearing any clothes? The clothes that he did have on were wet and soaked with what we assumed was better. Okay. What was it? Did he have pants on or just? I do not recall if they were pants or shorts. Okay. Okay. But you recalled that he was just wet? Yes, sir. [01:59:52] Speaker 5: I did not know, sir. Did you have an opportunity to see the child's arms and legs? No, sir. You didn't? I don't understand what you're asking. I mean, did you look at the child or examine the child yourself? Yes, as well as the doctor. All right. All right. But you made an observation, did you not, as to the condition of the child? Yes. Did the child have any bruises on him? I did not know any bruises on the child. And did you notice any bruises on the child. And did you notice any blood coming from the child, whether it be from anywhere, from nose, ears, eyes, anywhere? Um, I honestly do not recall. Um, do you recall as to whether or not you were required yourself to do any tests or examinations of the child? You yourself? Not me, myself. The doctor would. Would that have been Dr. Becker? Yeah, he was on staff that day. Okay. I mean, do you recall as to which doctor? It was, no, sir, I don't. It was six years ago. Okay. Okay. Got you. I mean, I mean, was the hospital, I mean, was the emergency room busy that morning? Do you recall? [02:01:30] Speaker 2: Emergency room would be busy, you know, at, you know, all times, at a time. But I'm not sure of how busy we were or were not. [02:01:39] Speaker 5: Okay. And do you know as to whether or not there was anyone of the child's family that was with him at that time? [02:01:51] Speaker 2: None of the child's family were with him at that time. [02:01:54] Speaker 5: Okay. Did any of the child's family arrive after the child was pronounced deceased? [02:02:01] Speaker 2: I cannot tell you. I'm not sure. The officers that came with or followed the ambulance as well as our officers on scene, they keep us from all that. [02:02:14] Speaker 5: I got you. And were you there when the child was pronounced deceased? [02:02:20] Speaker 2: Yes. [02:02:21] Speaker 5: As your recollection was, it was 9:38 in the morning? [02:02:25] Speaker 3: If that's what was documented, yes, sir. [02:02:27] Speaker 5: Okay. And do you recall that or are you just agreeing? [02:02:31] Speaker 2: As I said, it's been six years. Well, sure. I just go on my documentation from those events. [02:02:36] Speaker 5: Okay. And once you received a subpoena to testify, did you, were you asked to or did you on your own go back over whatever notes or anything that you wrote down for that? [02:02:49] Speaker 3: No, sir. Everything would have been kept within the hospital itself. I cannot access those records on my own. [02:02:56] Speaker 5: That's all I have. Thank you, Your Honor. Thank you, Ms. Schoenberg. [02:03:17] Speaker 1: You can step down, Ms. James. Thank you. You're free to go or stay as you wish. I'll see Council. [02:03:51] Speaker ?: Thank you. [02:03:52] Speaker 1: All right. Ladies and gentlemen, we're going to stop here today. We're going to start at 8:45 in the morning. Okay. So I'm going to ask you to be here a few minutes before then. Please wear your buttons back. It's not you guys tomorrow, right? Okay. So the bells will be waiting for you. It won't be that for the same people, but at the top of the stairs, okay? So wear your button back. They'll get you in the jury room and we'll start, receive their presentation of evidence at 8:45. You're going to leave your note pads in the room on the way out. So make sure you put your notes, your name on the front of them and you just flip them close to the first page and keep taking notes and then y'all can, you know, find your own in the morning. So don't talk about the case. Don't let anybody talk about it with you. Don't go home and look something up. Some term you've heard. Don't drive by any scenes trying to figure out where something happened. None of that, please. I need you to avoid the media that is reporting on or showing this case. So just, you know, get your roommate or your spouse to do that or make your life happy or skip the news altogether for a night. Um, and then, uh, we'll resume in the morning, okay? Sweater or jacket, cause like I said, I can't control it in here. Thank you ladies and gentlemen. You may be excuse to cover some stuff. I'll show you out the back way. Ms. Howard, if you, um, if your back is bothering you, you need to be able to stand and sit on the back row for me tomorrow. And that will, um, you need to be able to stand on the back row for me tomorrow. And that will, um, you need to be able to stand on the back row for me tomorrow. And that will, um, you need to be able to stand on the back row for me tomorrow. And that will be permission for you to do that as needed. Can I also bring in a cushion? Sure. Thanks so much. No problem. Okay. All right. Um, council, since we have a little breathing room, let me talk about autopsy photos. If y'all got those, let me look at those and hear from you on that issue since we are outside the room. [02:06:39] Speaker 4: They are outside the presence of the jury. It's currently marked States Exhibits 2 through 11. Let me go back here, Judge. States 2 is just a picture of the child's face. Obviously he's deceased. That's how the body was, or how the child was received. Um, the bag opened with, obviously, the DOFS number. obviously the DOFS number. So the three is a picture of the child's face injury to his cheek. It's four or small injuries to his mouth and nostril. Five is with his lip pulled forward. Six is his torso with no clothes on as is seven, eight, nine. Ten is his groin area. Obviously he's not going to close any of those. All of these are pre-incision. They indicate injuries that are described in the report. State's exhibit 11 is a picture of the injury to the liver. The liver has been removed from the body. The rest of the child is not depicted in the photo. That would be the only photo at this point that the state is seeking to introduce. That would be post-incision. But again, that exhibit does not show the rest of the child's body. Obviously these photos would correspond with injuries, Your Honor. It would be demonstrative of the injuries that the medical examiner would testify to. [02:08:23] Speaker 1: All right. Council, Mr. Groove, let me hear from you. And of course, if you want to please, as I mentioned previously in the motion that I filed in motion that I object to the admission really of any of these photographs, I talk to my client about them and we stand by our objections. All right. The objections over rule, two through nine are clearly invincible. Those are all post, I mean, I'm sorry, pre-incision and are relevant. Ten and eleven. Ten is a picture of the genitalia with an injury. Again, I think that's relevant and I think the photo is arguably necessary to explain or demonstrate what presumably the medical folks are going to talk about. Eleven is also post-incision, but it is the liver removed from the body, which is frankly less awful than a other kind of post-incision injury. And considering that that appears to be at least significantly related to the cause, if not the cause of death in this case, I'm going to allow it over objection. So, Mr. Groove, you'll have a continuing objection for the record. Yes, ma'am. All right. [02:09:58] Speaker 5: Since we've done with that issue, I just wanted the court to know that I submitted my request to charge earlier today. [02:10:04] Speaker 1: I got them... [02:10:05] Speaker 5: I think I left a copy for you and a copy that would need to be benchmarked or... Yeah. [02:10:11] Speaker 1: I'll make sure it gets... I have a... We have a copy on... [02:10:14] Speaker 5: We have a copy on... [02:10:15] Speaker 4: Yeah. No. [02:10:17] Speaker 1: I'll get them a file and let's aim for maybe a Wednesday morning, both of you... Let me have the state's request and then, Mr. Groove, if there's something additional that's come up. Obviously, there's always stuff that comes up at the last minute that you want to add. I'm not going to prevent you from doing that. And you guys practice incredibly enough to know that I have already started. I don't... You don't have to give me or improve reasonable doubt. All the stuff we all know I'm going to give. But if there is something specific or maybe a little different in this case, please make sure to get back to me by Wednesday morning so I have a chance to look at it. And we'll see where we are. I've started on a draft, so we'll just keep working through that as the evidence comes out in order to be prepared for when it's time for that. What else? [02:11:23] Speaker 5: And I would ask the court, in doing that, to be mindful of the fact that, as I mentioned in my opening, I don't know that we've seen too many murders in second-degree cases cut through the score. And I just want to make sure that we cover all the bases on that. [02:11:38] Speaker 1: Yeah, I... This is actually the first one I've had. I think it's gone to trial. So, there is a pattern towards... I would open it and read it to you right now, but I have discovered my computer has a glitch because I tried to pull it up. earlier. [02:11:54] Speaker 5: Well, I just... I quoted the code section. [02:11:56] Speaker 1: Yeah. And I think... But I... There's actually a pattern, so I think we're good. But we'll... We'll hit that as we go through. Yes, sir. All right. Anything else? Not from the city. All right. 8:45. We're going to start in the morning. I will be in before that if something blows up overnight. Y'all know where to find me. All right. [02:12:23] Speaker ?: We'll stand and recess. [02:12:23] Speaker 1: Yeah. Y'all go ahead. I've got the best with my computer. [02:12:26] Speaker ?: So, don't wait on me. Ask Ange. Just step in here. Ask Ange. Y'all go ahead. I've got the best with my computer. So, don't wait on me. Ask Ange to step in here. You should step in here. You should step in here. You should step in here. You should step in here. You should step in here. You should step in here. You should step in here. I can't plan. My world's perfect. I can see it over here. It's on this screen in the camera view. You should step in here. You should step in here. You should step in here. You should step in here. You should step in here. You should step in here. You should step in here. You should step in here. You should step in here. You should step in here. I can't plan. My world's perfect. I can see it over here. You should step in here. You should step in here. You should step in here. [02:13:01] Speaker 1: on this screen, in the camera view, on the screen, that it is not on the computer. I think it's the same problem we have to fix it. And I wouldn't care except I'll put my charge on the computer and I can't do that.