Mamta Kafle Bhatt Trial Update: "He Came In and I Felt Fear" — The Babysitter's Full Testimony

[00:00:00] Speaker 1: Do you know a person named Nuresh Bhatt? Yes. Do you see Nuresh Bhatt in the courtroom at this time? [00:00:13] Speaker 2: Yes, I would like you to point him out and identify him by an article of clothing, please. He's wearing a black suit jacket. [00:00:43] Speaker 1: And just point to where you see Nuresh Bhatt sitting. Your Honor, for the record, the witnesses identify the defendant, Nuresh Bhatt. [00:00:53] Speaker 3: All right, the record will reflect that. [00:00:59] Speaker 1: Let's talk about now how it is you came to meeting the defendant, Nuresh Bhatt, okay? [00:01:05] Speaker 2: Did you use the babysit Nuresh's daughter? Yes. [00:01:20] Speaker 1: And you recall what the baby's name is? [00:01:26] Speaker 2: Nema. [00:01:28] Speaker 1: How old was Nema when you were watching her? [00:01:34] Speaker 4: Like 11 months. [00:01:42] Speaker 2: Like 11 months. [00:01:46] Speaker 1: Let's talk about how it is you came to watching baby Nema. [00:01:54] Speaker 2: Explain for the jury how it is you came to taking care of baby Nema. Explain for the jury how it is you came to taking care of baby Nema. [00:02:04] Speaker 1: So I took care of the little boy for a Colombian family that lived in the basement of Nema. [00:02:09] Speaker 4: So I took care of the little boy for a Colombian family that lived in the basement of Nema's parents' home. [00:02:31] Speaker 2: And so while watching this little boy, the people that lived in Neresh's home, how did it come to be that you started watching for Neresh's baby? So they mentioned to me that they were looking for someone trustworthy to watch their daughter and asked if they could give them my number. [00:03:22] Speaker 1: Let me try to flesh that out a little bit. The little boy that you were watching. Were you having a conversation with them about Neresh wanting someone to watch his baby? [00:03:47] Speaker 2: They told me that the mom wanted someone. [00:03:57] Speaker 1: So once you learned that baby Nema's mom wanted someone to watch her, did you pass your information along to be given to the mother? [00:04:09] Speaker 2: Yes, they gave me her phone number and Mamta wrote to me and Mamta is Nema's mother. Yes, I want to focus your attention now to Saturday, July 6th, 2024. [00:04:45] Speaker 1: Did you communicate with Mamta about caring for baby Nema? [00:04:59] Speaker 4: Yes, she wrote me to ask about taking care of the daughter for her. [00:05:16] Speaker 2: And she told me about the baby's routine and talk about what dates I could take care of her. [00:05:23] Speaker 1: And were you chatting with Mamta via social media, Whatsapp? [00:05:29] Speaker 2: No, just for the normal, through the normal message application. [00:05:41] Speaker 1: Okay. Did you save Mamta's name and phone number into your phone? [00:05:47] Speaker 4: Yes, but I didn't know exactly what her name was and it was hard for me to remember it. [00:06:16] Speaker 2: So I saved their numbers as baby's mother from India and his number as baby's father from India because at that time I didn't know that they were from Nepal either. [00:06:33] Speaker 1: What days were discussed between you and Mamta about when you would care for baby Nema? [00:06:40] Speaker 2: What days were you and Mamta about when you would care for baby Nema? [00:06:49] Speaker 4: It was 8, 9, and 12. [00:06:53] Speaker 2: It was the 8th, 9th, and 12th. [00:06:59] Speaker 1: And would that have been in July 2024? [00:07:06] Speaker 2: Serian las fechas en el mes de julio de 2024. [00:07:10] Speaker ?: Si. [00:07:10] Speaker 2: Yes. [00:07:18] Speaker 1: On those dates that you watched the baby on the 8th, the 9th, and the 12th [00:07:27] Speaker 2: on those dates that you watched the baby on the 8th, the 9th, and the 12th? [00:07:33] Speaker 4: Yes. [00:07:35] Speaker 1: On those dates that you watched the baby in July 2024, 8, 9, and 12th, who brought baby Nema to you? Who brought baby Nema to you? [00:07:52] Speaker 4: The first day, the 8th, the Colombian guys brought the baby over along with their little boy. [00:08:05] Speaker 2: And let me clarify, were you watching the little boy and Nema inside of your apartment? [00:08:32] Speaker ?: The 9th and the 12th, was anything brought with baby Nema with regards to food, clothing, [00:08:45] Speaker 1: or any other miscellaneous baby items? En esas tres fechas, el 8, 9, y 12, trajeron algo más para la bebe Nema, como comida, ropa, [00:09:06] Speaker 2: algún otro artículo para bebés? [00:09:19] Speaker 4: Sí, la mamá le mandaba su comida, ropa adicional, le mandaba papillas. Toda la comida que llevaba Nema era como hecha al momento. [00:09:25] Speaker 2: So, yes, the mom brought her food, such as the interpreter needs to request a repetition, Your Honor. Can you repeat, what were the foods that were the foods that the mother brought? [00:09:43] Speaker 4: Llevaba como fruta fresca, papillas frescas, llevaba arroz fresco, y llevaba ropa para cambiarse en todo el día, y llevaba su leche, llevaba como tres pachas adicionales, frescas. [00:09:59] Speaker 2: Okay, so all the baby food for the baby was freshly made that the mom sent, and she sent fresh fruit, she sent fresh potatoes, fresh rice, changes of clothes, and more milk, three additional bottles. [00:10:20] Speaker 1: Again, just to clarify, on those three dates, 8, 9, and 12, did Mamta or did Naresh ever bring the baby to your home, or was it the Colombian family? [00:10:49] Speaker 2: So, they brought her only the first day, on the 9th and the 12th, Naresh brought her. [00:10:55] Speaker 1: And, at the end of your time watching the baby, who would come and pick up Nima? [00:11:06] Speaker 2: Yeah, al final del tiempo en que usted quedaba a la niña, quien venía a buscar a Nima? [00:11:12] Speaker 4: Naresh. [00:11:13] Speaker 2: Naresh. [00:11:22] Speaker 1: When you met Mamta, can you describe what her general disposition was like, her demeanor, what was she like? [00:11:30] Speaker 2: When you met Mamta, can you describe how her general attitude, her conduct, how was she? How was she? [00:11:40] Speaker 4: Era muy amable, muy carismática, muy atenta. Ella preguntaba, a cada momento, por su hija, si había dormido, si ya se había cambiado, si ya se había bañado, si como estaba. Ella preguntaba mucho por su hija. [00:11:57] Speaker 2: So, she was very kind, and she was very charismatic, and she was very attentive. She was asking all the time about her daughter. She asked how she had slept, whether she had had a change of clothes, whether she had been bathed. And so, she asked a lot of questions about her daughter. [00:12:18] Speaker 1: While you were watching the baby for those three days, was Mamta texting you to follow up and find out how her daughter is doing in your care? [00:12:39] Speaker 2: Yes. [00:12:41] Speaker 1: During those three dates, 8, 9, 12, did the defendant ever send you any text messages to ask how his baby's doing? [00:12:51] Speaker 2: In those three fechas, 8, 9, and 12, in some moment, the accused gave me a text message to ask how his baby was doing? [00:13:01] Speaker 4: No. [00:13:01] Speaker 2: No. [00:13:06] Speaker 1: How were you paid for watching baby Nima in those three dates in July, 8, 9, and 12? [00:13:13] Speaker 2: How were you paid for watching baby Nima in those three dates in July, 8, 9, and 12? [00:13:21] Speaker 4: The first two days, a mom paid me through Zelle, and on the third day, when her dad came to get her, he paid me in cash, $30. [00:13:33] Speaker 2: Were you paid $30 a day for watching Nima? [00:13:45] Speaker 1: Per day. [00:13:57] Speaker 4: Let me focus you in on now, July 14th, 2024. [00:13:59] Speaker 1: Did you have a text message communication with MAMTA on that date? [00:14:18] Speaker 4: Just to ask if she was going to bring her the next day because on July 10th, she had written me to ask [00:14:29] Speaker 2: if I was available on weekends. [00:14:46] Speaker 1: Tell us the rest of that exchange between you and MAMTA about bringing the baby on the weekend. [00:14:51] Speaker 2: I told her that I couldn't because I was working, but she said, "Please, could I do it?" and she would pay more. I told her that I couldn't because I was working, but she said, please, could I do it? And she would pay more. Because she needed someone to take care of her the following weekends, which would be in August. So then I told her that I would talk to the person I was working for on the weekends. And that possibly, yes, I could take care of her. And so the following days, it was just to ask her if her daughter was coming the next day. And she told me that she was going to come over on the 12th. [00:16:15] Speaker 1: And did that happen where the baby came back over after you had this text message communication with Manta? [00:16:23] Speaker 2: No, she only came on the 12th and her dad dropped her off and picked her up. [00:16:48] Speaker 1: This exchange that you're having with Manta, is this the last time you communicated with her on phone or via text message? [00:17:08] Speaker 2: Yes, by text, it was by text message. [00:17:22] Speaker 1: Let's move forward now to the date of Tuesday, July 30th, 2024. [00:17:30] Speaker 2: We're you contacted to watch baby Nema? [00:17:43] Speaker 1: We contacted you to take care of the baby Nema. [00:17:47] Speaker 4: Yes, it was July 30th. [00:17:50] Speaker 1: Who reached out to you on Tuesday, July 30th? [00:18:00] Speaker 2: It was Neresh. [00:18:02] Speaker 1: And how did Neresh contact you on that Tuesday, July 30th? [00:18:08] Speaker 4: He sent me a message through WhatsApp asking if I could take his little girl at 8 in the morning. [00:18:28] Speaker 1: What time is Neresh contacting you on that Tuesday, July 30th? [00:18:36] Speaker 2: Puso in contacto con usted, Neresh, por la mañana de martes 30 de julio. [00:18:42] Speaker 4: Fue entre como las cinco de la mañana. [00:18:49] Speaker 2: It was around, like, five in the morning. [00:19:05] Speaker 1: When Neresh contacted you at 5:40 in the morning on Tuesday, July 30th, did you respond to him? [00:19:15] Speaker 2: Cuando Neresh se comunicó con usted a las cinco y cuarenta de la mañana el martes 30 de julio, usted le respondió? [00:19:23] Speaker 4: Sí, yo le dije que sí, solo que me sorprendió porque siempre me avisaban como un día antes. [00:19:30] Speaker 2: Yes, but I said yes, but it was a surprise to me because they always used to let me know a day, at least a day ahead. [00:19:39] Speaker 1: So, approximately, what time did you respond to Neresh at 5:40 in the morning on Tuesday, July 30th? [00:19:52] Speaker 2: ¿A qué hora respondió usted a Neresh después de que él escribió a las cinco y cuarenta de la mañana del martes 30 de julio? [00:20:02] Speaker 4: No recuerda la hora que le respondí? [00:20:04] Speaker 2: I don't remember what time I replied. [00:20:19] Speaker 1: If I showed you the text message exchange between you and Neresh on Tuesday, July 30th, would that refresh your memory? [00:20:28] Speaker 2: Si. [00:20:29] Speaker ?: Yes. Mr. Schuchu, approach? You may. [00:20:29] Speaker 2: Mr. Schuchu, approach? You may. [00:20:31] Speaker ?: Yes. [00:20:31] Speaker 2: Mr. Schuchu, approach? You may. Mr. Schuchu, approach? [00:20:34] Speaker ?: You may. As looking at your text message between Neresh and yourself on Tuesday, July 30th, at 5:40 in the morning. [00:20:36] Speaker 2: Does that refresh your memory? Yes. [00:20:38] Speaker 1: Mr. Schuchu, approach? [00:20:39] Speaker 3: You may. Mr. Schuchu, approach? You may. [00:20:42] Speaker ?: Mr. Schuchu, approach? You may. Mr. Schuchu, approach? You may. Mr. Schuchu, approach? You may. [00:20:49] Speaker 1: As looking at your text message between Neresh and yourself on Tuesday, July 30th, at 5:40 in the morning, does that refresh your memory as to what time you responded? Mr. Schuchu: Yes, I replied at 5:57. [00:21:31] Speaker 2: Mr. Schuchu: Yes, I replied at 5:57. [00:21:33] Speaker 1: Mr. Schuchu: From July 30th through August 2nd, are you having text message exchanges with the defendant? Mr. Schuchu: Yes, I'm going to have these four pages marked for identification as Commonwealth's 432. Mr. Schuchu: You may. Mr. Schuchu: I'm going to show you these four pages. Mr. Schuchu: There are four pictures. Mr. Schuchu: Take a look at these. Mr. Schuchu: And tell us if you recognize those four pages. [00:22:39] Speaker 2: Mr. Schuchu: And tell us if you recognize those four pages. Mr. Schuchu: And tell us if you recognize those four pages. Mr. Schuchu: And tell us if you recognize those four pages. [00:22:45] Speaker ?: Mr. Schuchu: And tell us if you recognize those four pages. Mr. Schuchu: And tell us if you recognize those four pages. Mr. Schuchu: Yeah. Mr. Schuchu: Yes. [00:22:50] Speaker 1: Mr. Schuchu: Are those the text messages between yourself. Mr. Schuchu: And the defendant. Mr. Schuchu: Between July 30th. Mr. Schuchu: And August 2nd. Yes. [00:23:10] Speaker 2: Mr. Schuchu: Are those photographs of the text messages. [00:23:21] Speaker 1: Mr. Schuchu: Between yourself and the defendant. Mr. Schuchu: Between July 30th. Mr. Schuchu: And August 2nd. Mr. Schuchu: True and accurate. Mr. Schuchu: Yes. Mr. Schuchu: Your Honor, I offer those into evidence as Commonwealth's 432. Mr. Schuchu: Any objection? [00:23:41] Speaker 5: Mr. Schuchu: No objection. Mr. Schuchu: All right. With that objection, those will be received. [00:23:45] Speaker 1: Mr. Schuchu: And judge permission to publish the exhibit. Mr. Schuchu: May. [00:23:49] Speaker 3: Amen. [00:24:19] Speaker 1: Just clarifying, can you see the screen right in front of you of your text messages between Nuresh and yourself? [00:24:56] Speaker 2: Yes. [00:25:02] Speaker 1: It appears some of the text messages are in English. On the left-hand side, is that Nuresh texting you, and on the right side, that's you responding to him? [00:25:17] Speaker 2: On the left-hand side, I don't know if Nuresh texted you at 5:40 p.m. on Tuesday, July 30th, you responded at what time? [00:25:33] Speaker 1: Yes, I said, "Hola, buenos días." That, of course, I could take care of the girl who told me when she was outside. [00:25:49] Speaker 4: Yes, I said, "Hello, good morning." And of course, I could watch his little girl and for him to just text me when he was outside the door. [00:26:07] Speaker 2: There appears to be, after you responded to the defendant, at 5:57 in the morning, what's the next communication between yourself and Nuresh? He called me at 6:37 p.m. to say that he was outside with the little girl. [00:26:44] Speaker 1: So at 6:37 p.m. the defendant is at your apartment? [00:26:52] Speaker 2: At 6:37 p.m. the defendant, at 6:37 p.m., the defendant, at 6:37 p.m., the defendant, at 6:37 p.m., the defendant, at 6:37 p.m. [00:27:09] Speaker 1: And in the morning, did he have anything with him for Nima? [00:27:13] Speaker 2: When the accused of bringing his baby with him at 6:30 p.m., he brought something for Nima with him. [00:27:23] Speaker 4: Yes, he brought her lunchbox with her food. And with her lunchbox. [00:27:33] Speaker 2: Yes, he brought her lunchbox with her food and with her baby bottles. [00:27:45] Speaker 1: Was there any more communication between yourself and the defendant when he was dropping the baby off at this time, at 6:37 p.m.? [00:27:57] Speaker 2: No. No. [00:28:12] Speaker 1: What time was the defendant supposed to come pick up the baby? [00:28:20] Speaker 2: They didn't tell me when they were going to pick her up, but on the first days that I took care of her, the 8th, 9th and 12th, they would come and pick her up at the latest. But on the 30th, on the 30th of July, they didn't come and pick her up at that time, so I wrote them at about 2:30 p.m. [00:29:18] Speaker 1: And reading for the record, can you read English? If you can, can you read what your response was to Naresh at 2:33 p.m.? Okay. [00:29:45] Speaker 4: When I come for the chair, let me know a minute before I even knock on the door. Can I hear? [00:30:01] Speaker 1: And then read the next line. How did Naresh respond to that? [00:30:06] Speaker 2: Okay. At what time do you close? [00:30:16] Speaker 1: Continuing, what did you say in response? [00:30:19] Speaker 4: The late is 5 p.m. because the normal time is 4 p.m. [00:30:30] Speaker 1: And then at 3:13, what did Naresh say in response? Okay, thank you. Question for you. This communication between yourself and Naresh, are you typing in the words in English or are you using some type of Spanish to English translator? Yes, I was using the translator on my phone. [00:30:52] Speaker ?: Counsel, can you all approach real? [00:30:52] Speaker 1: Yes. Yes, I was using the translator on my phone. [00:30:54] Speaker ?: Counsel, can you all approach real? Yes. [00:30:54] Speaker 1: Yes. Yes, I was using the translator on my phone. [00:30:56] Speaker ?: Counsel, can you all approach real? Yes. Yes, I was using the translator on my phone. [00:30:57] Speaker 1: Counsel, can you all approach real? Yes. Yes, I was using the translator on my phone. [00:31:00] Speaker ?: Counsel, can you all approach real? [00:31:00] Speaker 2: Yes. Yes, I was using the translator on my phone. Counsel, can you all approach real? [00:31:18] Speaker 4: Yes. [00:31:19] Speaker 3: I was using the translator on my phone. [00:31:20] Speaker 2: Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. [00:31:23] Speaker ?: Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. [00:32:23] Speaker 1: Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. [00:32:30] Speaker 6: Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. Yes, I was using the translator on my phone. [00:32:36] Speaker 1: Yes, I was using the translator on my phone. No text messages, no phone calls. [00:32:39] Speaker 6: No. No. [00:32:41] Speaker 1: Again, this is on Tuesday, July 30th, 2024, correct? [00:32:46] Speaker 6: De acuerdo, esto es el 30 de Julio, que es un martes del 2024. Correcto? Si. [00:32:52] Speaker 1: Yes. On the dates prior, July 8, 9, and 12, when you watched baby Nima, was Manta texting you to find out how her baby's doing? [00:33:03] Speaker 6: En los días que usted cuidó anteriormente a la bebé Nima, el 8, 9, y el 12 de Julio, Manta se comunicó con usted por texto para ver cómo estaba la niña? Si, todo el tiempo, todo el día. Yes, all the time, the whole day. [00:33:16] Speaker 1: But now on this day, no communications at all. [00:33:19] Speaker 6: Pero ahora este día, ninguna comunicación para nada? No. No. [00:33:24] Speaker 1: I'm going to read on to the record the rest of your communications between yourself and Naresh. At 3:21 PM, what time is he coming for her? That's your question to Naresh. At 4:39, Naresh responds 10 minutes. At 4:43 PM, you say to Naresh, let me know when I'm at the door to get out. Then at 4:53, there appears to be a phone call, a missed call between you and Naresh. At 4:58 PM, there's another text message from you to Naresh. I'll read it out. Hello, I'm sorry. I didn't understand you very well. You could repeat what you said outside. Question for you. At around this five o'clock time period, Did Naresh come to pick up his baby? Yes. Explain for the jury what happens when Naresh comes to your house at around five o'clock on Tuesday, July 30th. [00:34:52] Speaker 6: Martes 30 de Julio. [00:34:55] Speaker 4: El me marcó, hizo la llamada a las cuatro y cincuenta y tres. Yo no le contesté porque estaba preparando la niña, preparándole su pañalera para llevársela a la puerta. [00:35:07] Speaker 6: So, at 4:53, he called on the phone and I didn't answer because I was preparing the girl. I was preparing the diaper bag to get her ready to take it to the door. [00:35:16] Speaker 4: Entonces, luego, yo voy a la puerta y, como siempre, yo llevaba la niña y la pañalera porque le entregaba la niña en la puerta. Yo abría la puerta, llevaba la niña y se la entregaba. [00:35:28] Speaker 6: So, like always, I go to the door and I have the girl and I have the diaper bag because, like I would always do, I would go to the door and give the girl to him. [00:35:36] Speaker 4: Entonces, abrí mi puerta y él, como que empujó un poco la puerta y pasó de largo hacia adentro. [00:35:47] Speaker 6: So, I opened the door and he, like, pushed a little bit the door and he kept going towards the inside. [00:35:54] Speaker 4: Se quitó sus llenas, cargaba unas llenas. [00:35:58] Speaker 6: So, he got into the living room and he was looking at the door and he was looking at the door and he was looking at the door and he was looking at the door and he was looking at the door. He took off his sandals, he was wearing something like sandals. [00:36:09] Speaker 4: Entonces, entró hasta adentro a la sala, veía para todos lados, estaba en su teléfono y luego me dijo algo en inglés, lo dijo muy rápido y no logré entenderle, fue por eso que luego le pregunté por mensajes. [00:36:25] Speaker 6: So, he got into the living room and he was looking all over the place, he was on his phone and he said something in English really fast and I didn't understand and that's why I later asked him about that. [00:36:39] Speaker 1: Was that the first time the defendant has come into your apartment? [00:36:42] Speaker 6: Did you invite the defendant in? [00:36:51] Speaker 1: How did you feel at this time that the defendant's now inside of your apartment? [00:36:57] Speaker 6: How did you feel at this time that the defendant's now inside of your apartment? [00:37:00] Speaker ?: How did you feel at this time that the defendant was in your apartment? How did you feel at this time that the defendant was in your apartment? [00:37:01] Speaker 4: How did you feel at this time that the defendant was in your apartment? How did you feel at this time that the defendant was in your apartment? How did you feel at this time that the defendant was in your apartment? I felt fear, I felt surprised and I didn't know what to do, I did not know how was it that that came to happen because what I would always do is that I would go to the door, he would show up and I would give him his girl. [00:37:29] Speaker 6: How did you feel at this time that the defendant was in your apartment? [00:37:30] Speaker 1: What did you feel at this time that the defendant was in your apartment? What was the defendant doing inside of your apartment? What did you feel at this time that the defendant was in your apartment? [00:37:33] Speaker 6: What did you feel at this time that the defendant was in your apartment? What did you feel at this time that the defendant was in your apartment? [00:37:35] Speaker 4: What did you feel at this time that the defendant was in your apartment? What did you feel at this time that the defendant was in your apartment? What did you feel at this time that the defendant was in your apartment? What did you feel at this time that the defendant was in your apartment? What did you feel at this time that the defendant was in your apartment? What did you feel at this time that the defendant was in your apartment? [00:37:42] Speaker 6: He stood in the middle of the living room and he started looking everywhere. He was looking at his phone and that's when he spoke, but he spoke super fast in English. [00:38:00] Speaker 1: Meaning he's speaking to you super fast in English. Was your baby in the house at the time the defendant came inside uninvited? [00:38:26] Speaker 6: Yeah, it was just the two of us. That's why I was afraid that a man would just walk in, you know, suddenly. [00:38:31] Speaker 1: And you said he took off his shoes? [00:38:33] Speaker 6: Y usted dice que el se quitó sus zapatos? [00:38:35] Speaker 4: Si, entró como rápido, se quitó sus zapatos y entró rápido. [00:38:39] Speaker 6: Yeah, he got in fast. He took off his shoes and he got in fast. [00:38:44] Speaker 1: How long was Naresh inside of your apartment? [00:38:48] Speaker 6: Cuánto tiempo estuvo Naresh dentro de su apartamento? [00:38:51] Speaker 4: Uh, fue como unos, uh, un minuto porque yo me quedé en la puerta mirándolo. Yo no me moví de la puerta así mirando para adentro que qué hacía él adentro. [00:39:04] Speaker 6: It was like a minute because I stood at the door, you know, I stood there looking at him like, I was looking at him like, what was he doing inside? [00:39:11] Speaker 1: Ultimately, nothing happened inside your apartment, right? [00:39:17] Speaker 6: Y digamos de última, no pasó nada dentro de su apartamento, correcto? [00:39:20] Speaker 4: No, él habló lo que decía en inglés que no entendí y luego me agarró su hija. Regresó como a la parte de la puerta, agarró su hija, la lonchera y se fue. [00:39:32] Speaker 6: Yeah, he said what he said in English that I didn't understand and then he grabbed his daughter. He went to the door and he grabbed his daughter and the lunch bag and he left. [00:39:43] Speaker 1: Is that why you texted him at the end, hello, I'm sorry, I didn't understand you very well. You can, you can repeat what you said outside. [00:39:52] Speaker 6: Por eso que usted después le texteó y le dijo, hola, disculpe, es que no entendí lo que usted me dijo. Puede repetirme lo que me dijo afuera. Sí. Yes. [00:40:02] Speaker 1: Let's now move on with your text message exchange. We're going to talk about Wednesday, July 30th, sorry, Wednesday, July 31st, 2024. At 7:25 in the morning, you texted Naresh, stating good morning, will the baby come now? Naresh responded at 7:46 AM, saying yes. [00:40:35] Speaker 6: Diciendo sí. [00:40:36] Speaker 1: At 7:46, you responded to Naresh, saying what time is it coming? At 7:47 AM, Naresh responded two minutes. You were asking him, is he bringing the baby, correct? [00:40:52] Speaker 4: Yeah, because he would always tell me, and then the day before he never said anything, so I would always ask the day before, but that day I asked in the morning. [00:41:05] Speaker 6: Yeah, because he would always tell me, and then the day before he never said anything, so I would always ask the day before, but that day I asked in the morning. [00:41:19] Speaker 1: At 7:49 AM, there's a phone call. At that time, that seven-second phone call, is that when Naresh brought the baby to your apartment? [00:41:41] Speaker 6: Yes. [00:41:42] Speaker 1: Tell the jury about that exchange of the baby at your apartment door. [00:41:51] Speaker 6: It was normal. [00:41:52] Speaker 4: He was carrying the girl with the diaper bag and the milk bottles, everything normal. [00:42:01] Speaker 6: Did he bring food for the baby? [00:42:16] Speaker 4: Yeah, but he was carrying the same that the first day, the 30th of July. [00:42:30] Speaker 1: He brought the same food from July 30th when he drops the baby off now on July 31st. [00:42:37] Speaker 6: Yes, and with the same clothes that I had sent her back the day before also. [00:42:56] Speaker 1: Was there any discussion about you providing food for the baby? [00:43:03] Speaker 4: Yes, he asked me if I had a banana, and if I could give it to the girl, and if that was okay, and I said yes, that I could give her what I had in the house. [00:43:16] Speaker 6: So he brought the same food from the day before, and he asked you to provide a banana to the baby. [00:43:33] Speaker 4: Yes, she only had her milk, rice from the day before, and a croissant. [00:43:48] Speaker 1: After he dropped these items off, and the baby, did Nuresh leave? Sorry, can you repeat? Yes, after Nuresh dropped the baby off with the diaper bag and the milk and the food from the day before, did he then just leave? [00:44:09] Speaker 6: Yes. Yes. [00:44:11] Speaker 1: While you're now throughout the day watching the baby on Wednesday, July 31st, do you hear from MAMTA? [00:44:26] Speaker 6: No. No. No. [00:44:29] Speaker 1: No phone calls, no text messages? [00:44:32] Speaker 6: No. No. No. [00:44:35] Speaker 1: Going back to your text messages, at 4:51 p.m., there's a 10-second call from the defendant to you. [00:44:48] Speaker 6: Yes. [00:44:49] Speaker 1: What was that call about? [00:44:53] Speaker 4: It was that he was on his way and that he was about to arrive. [00:45:05] Speaker 1: Does Naresh come to your front door? [00:45:06] Speaker 6: He arrived at the front door, but I didn't have the girl changed yet. [00:45:22] Speaker 1: So tell us what happened. [00:45:25] Speaker 4: So he started knocking at the door hard, the apartment door, but really hard. [00:45:42] Speaker 6: So I was inside, but inside there was also a person that was living with us. And so he was in the living room, and since the knocking was too hard, he went to open the door. [00:46:01] Speaker 4: And so he opened, and again, Naresh got in fast towards the inside. [00:46:15] Speaker 1: Tell us what happened now. [00:46:17] Speaker 4: So he got in fast, and so I come out with the baby already changed, and with the diaper [00:46:30] Speaker 6: bag. [00:46:31] Speaker 4: And I see him in the living room. And so the person that was there in the living room stared at me like surprised, like [00:46:51] Speaker 6: I'm questioning why did he enter that way. [00:46:54] Speaker 7: I'm going to sustain that. Ask another question. [00:46:59] Speaker 3: Yes. [00:47:00] Speaker 1: Let's stay focused on you looking at the defendant, not what the other person living with you is looking or doing. Okay? [00:47:15] Speaker 6: Okay. [00:47:16] Speaker 1: Naresh is in your house now again. [00:47:20] Speaker 6: Yes. [00:47:21] Speaker 1: Did you invite him in? [00:47:24] Speaker 6: No. No. [00:47:26] Speaker 1: What's he doing now inside your house? [00:47:28] Speaker 4: What is he doing now inside your house? [00:47:34] Speaker 6: Again, he looked anxious. [00:47:35] Speaker 4: He was looking around everywhere. [00:47:47] Speaker 6: He looked like a person that is like alarmed, like nervous. [00:47:54] Speaker 1: How long is Naresh inside of your house? [00:48:02] Speaker 4: I don't know. I don't remember the time. [00:48:04] Speaker 6: It was when I went out and I just, you know, looked at him and I noticed that he was looking [00:48:23] Speaker 4: around everywhere like anxious, but always standing there looking towards the window. [00:48:37] Speaker 1: Approximately how much time is he inside of your house? [00:48:41] Speaker 4: Como unos dos minutos en lo que yo salía. [00:48:47] Speaker 6: Like two minutes while I was coming out. [00:48:50] Speaker 1: And you said you saw him looking nervous inside your apartment and he's looking outside of the window? [00:48:56] Speaker 6: Que se veía mirando nervioso y que lo veía mirar hacia afuera de la ventana? Si. Yes. [00:49:02] Speaker 1: Did you ever ask him what he's doing or what he's looking for? [00:49:07] Speaker 6: Que estaba haciendo o que es lo que buscaba o miraba? No. [00:49:11] Speaker 4: No. [00:49:12] Speaker 6: No. [00:49:13] Speaker 1: At some point you give Nima to Naresh. [00:49:17] Speaker 6: En algún momento usted le entrega a Nima a Naresh? [00:49:20] Speaker 4: Si. Yo le entrego la niña y ya el la agarra, toma su pañalera y sale. [00:49:28] Speaker 6: Yeah, I hand over the girl and so he grabs her, he grabs the diaper bag and he goes out. [00:49:35] Speaker 1: Again, how are you feeling for the second time Naresh is in your house uninvited? [00:49:41] Speaker 6: Una vez que Narese está en su casa sin haber sido invitado. [00:49:45] Speaker 4: Me dio más miedo y nervios porque yo no sabía con qué intención él… [00:49:54] Speaker 7: That's a good question. Her feelings… Overruled. One word. [00:50:01] Speaker 1: Just tell us again, how are you feeling at this point that Naresh is in your house for a second time uninvited? [00:50:08] Speaker 6: Una vez en su casa sin haber sido invitado. [00:50:10] Speaker 4: Sentí como que estaban invadiendo mi privacidad. [00:50:14] Speaker 6: I felt that they were invading my privacy. [00:50:16] Speaker 4: Estaba con miedo porque en ese momento estaba otra persona, pero el día anterior no solo estaba mi hija y yo. [00:50:25] Speaker 6: It was, I was feeling fear because at that moment there was a person, but the day before it was just me and my daughter. [00:50:37] Speaker 1: Let's move on. Defendant takes his baby and he leaves. Is there a problem on that monitor? [00:50:41] Speaker 6: Yes. There's no signal on that. [00:50:43] Speaker 3: Oh. [00:50:44] Speaker ?: Let's take a quick second. Can you figure that out? [00:50:46] Speaker 3: I'm plugged in. [00:50:47] Speaker ?: I'm plugged in. I'm going to re-plug. Thank you. [00:50:47] Speaker 3: Thank you. Thank you. Thank you. [00:50:51] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. If you have the physical images, you could use the- [00:50:57] Speaker 3: Sure. And I think judge, I could just display the- [00:50:59] Speaker ?: Can you have the physical images? [00:50:59] Speaker 3: Can you figure that out? [00:51:00] Speaker 1: Can you figure that out? And plug it. It has to go over here. [00:51:03] Speaker 3: Can you re-plug? Thank you. If you have the physical images you could use the- [00:51:25] Speaker 1: Sure. And I think judge, I could just display it on the one main screen. [00:51:29] Speaker 7: It's hard for them to see the words, at least through the computer. You can try. See if that works. [00:51:36] Speaker 1: Good work. [00:51:37] Speaker 7: Okay. Good? All right. [00:51:40] Speaker ?: Thank you. [00:51:41] Speaker 1: Let's now move on to Thursday, August 1st, 2024. Reading from your text messages at 7:27 AM. There's a nine-second phone call from Naresh to you. What was that phone call about? [00:52:17] Speaker 4: What was that phone call about? [00:52:24] Speaker 6: He called letting me know that he was already outside with the girl. [00:52:28] Speaker 1: Did you know that he was coming back on this Thursday, August 1st? [00:52:34] Speaker 4: He told me the day before, when he went to pick her up, whether he could bring her over the next day. [00:52:47] Speaker 1: Got it. Got it. So he is now calling you at 7:27 AM, letting you know he's now at your apartment. [00:52:55] Speaker 6: Yes. [00:52:56] Speaker 1: Could you tell us the exchange of the baby when he brings her to you? [00:53:04] Speaker 6: It was normal. [00:53:05] Speaker ?: He gave me the baby. [00:53:05] Speaker 6: He gave me the diaper bag and he left. [00:53:06] Speaker 1: Was there anything that stood out to you about the baby's diaper bag, the baby's food, the baby's clothing, the baby's hair, anything like that? [00:53:25] Speaker 6: The girl had not been bathed. [00:53:36] Speaker 4: The girl was wearing the clothes that I had put on her the day before and she even had stains on the clothes. The girl's hair had not been combed. [00:54:01] Speaker 6: Manta usually would send her with her hair combed. She didn't have her hair combed that day. But I assume it was because it was early, they would wake the baby up early. [00:54:17] Speaker 4: Pero la comida otra vez era la misma. [00:54:21] Speaker 6: But the food, it was again the same. [00:54:27] Speaker 1: The same food from the day before and the day before that. Same food. [00:54:31] Speaker 6: La comida del día anterior y del día anterior a ese. La misma comida. [00:54:34] Speaker 4: Sí, como que era comida refrigerada, arroz refrigerado y solo lo cambiaban como a un estante y se lo mandaban. [00:54:46] Speaker 6: Yeah, it was like refrigerated food, like refrigerated rice. It was as if they would change it from a shelf and they would send it over. [00:55:07] Speaker 1: It's Thursday, August 1st, as you're watching baby Nima throughout the day. Do you get any phone calls, any text messages from Manta? [00:55:16] Speaker 6: Este primero de agosto, jueves, mientras usted cuidaba a la niña, recibió alguna llamada o mensaje de texto de Manta? No. No. [00:55:25] Speaker 1: Let's continue with the text message exchange between you and Naresh. [00:55:32] Speaker 6: Los mensajes de texto que usted intercambió con Naresh. [00:55:35] Speaker 1: At 4:32 p.m. This is another phone call from Naresh to you. Could you tell us what that phone call is about? [00:55:44] Speaker 4: Yeah, it was from him to tell me that he was already outside. [00:55:55] Speaker 1: And did Naresh come to your apartment door? [00:55:58] Speaker 6: Yes. [00:56:01] Speaker 1: Could you tell us now the exchange from you giving the baby to Naresh? [00:56:07] Speaker 6: This time it was different. [00:56:17] Speaker 4: Normalmente los primeros dos días iba serio, como pensativo. [00:56:21] Speaker 6: He showed up normally. The first two days he looked serious, like pensive. [00:56:26] Speaker 4: But this time, August 1st, he was smiling. [00:56:37] Speaker 1: Did he come into your apartment? [00:56:39] Speaker 6: Ingresó a su apartamento? No. [00:56:41] Speaker ?: No. [00:56:42] Speaker 1: You said he was smiling. Did you talk to him as to why he's in now a good mood? [00:56:48] Speaker 6: Usted dice que él estaba sonriendo. Usted habló con él preguntándole por qué ahora estaba como de buen humor? [00:56:53] Speaker 4: No. Solo él me dijo de que le gustaba como estaba la niña, ya que estaba cambiada, peinada. Estaba... Yo la había peinado bonito. No. [00:57:04] Speaker 6: He just said he liked how the girl looked because her hair was combed, I had changed her, and she was looking pretty. [00:57:12] Speaker 4: Entonces él me dijo que le gustaba mucho y que me iba a dar propina. [00:57:16] Speaker 6: And so he said he liked that a lot and that he was going to give me a tip. [00:57:28] Speaker 1: Did Naresh pay you then and there? [00:57:30] Speaker 6: Naresh le pagó justo ahí en ese momento? No. [00:57:33] Speaker ?: No. [00:57:34] Speaker 1: How long is he at your front door and having this conversation with yourself? How long is this exchange? [00:57:42] Speaker 6: It was very short. [00:57:43] Speaker ?: It was like around 3 minutes and he was at the door. [00:57:43] Speaker 6: He did not come in. He was at the door. After you pass the baby, Nima, to Naresh, him and the baby left. [00:57:49] Speaker 4: Naresh, él y la bebé, se van? Si. Yes. Yes. Yes. At reading your text messages now at 4:39 PM, you say to Naresh. Wait a minute. She left the. [00:57:58] Speaker 6: Biberón. [00:57:59] Speaker ?: What's a Biberón? [00:57:59] Speaker 6: Un Biberón. Un Biberón. Un Biberón. Un Biberón. [00:58:03] Speaker 1: Un Biberón. You pass the baby, Nima, to Naresh, him and the baby left? [00:58:11] Speaker 6: Yes. [00:58:13] Speaker 1: Reading your text messages now at 4.39 p.m., you say to Naresh, wait a minute, she left the biberon. What's a biberon? Then you send another text message to Naresh saying, "Now, low to leave." What did you mean by that? [00:58:40] Speaker 6: Low to leave. What does he say with that? I asked him if he was still downstairs because I had just noticed the bottle in my room, so? [00:58:57] Speaker ?: I asked him if he was still downstairs because I had just noticed the bottle in my room, so? I asked him if he was still downstairs because I had just noticed the bottle in my room, so? I asked him if he was still downstairs because I had just noticed the bottle in my room, so? So, I asked him if he was still downstairs because I had just noticed the bottle in my room, so? [00:58:57] Speaker 4: So, I asked him if he was still downstairs because I had just noticed the bottle in my room, so? [00:58:57] Speaker ?: I asked him if he was still downstairs because I had just noticed the bottle in my room, so? [00:58:57] Speaker 4: So, I was asking him if he was still downstairs for me to go and drop the bottle with him. [00:59:08] Speaker 1: And did Naresh respond to you after this text message at 4:39? [00:59:12] Speaker 6: Y después de este mensaje a las 4:39, Naresh le responde a usted? [00:59:16] Speaker 4: No. [00:59:16] Speaker 6: No. [00:59:17] Speaker 1: Let's now move to the next date. [00:59:19] Speaker 6: Ahora, al próximo día. [00:59:20] Speaker 1: This is now Friday, August 2nd, 2024. I think we have a duplicate page, Judge. Apologies for that. Nope. Which wrong? August 2nd, 2024. There is a phone call from Naresh to you at 9:20 in the morning, 9:20 AM. It's for 29 seconds. Tell us what that was about. [01:00:02] Speaker 6: Can you tell us about what that was about? [01:00:04] Speaker 4: Yes, he called me and said he was outside and asked him whether I could go out because he was going to pay me. Tell us, what did you do? [01:00:12] Speaker 6: Díganos, que hizo usted. Entonces, como él me llamó en el mismo momento, no me dijo que ya iba, no me dijo anticipadamente. [01:00:17] Speaker 4: Entonces, me puse zapatos y salía fuera al parqueo. So since he called me and he didn't let me know, you know, with some time that he was coming, so I put on some shoes and I went outside to the parking lot. Again, this is Friday, August 2nd, 2024. 9:20 in the morning. Did you go downstairs and meet the defendant? [01:00:40] Speaker 6: Yes. [01:00:41] Speaker ?: Yes. [01:00:41] Speaker 6: And where did you meet him? Dónde se encontró usted con él? [01:00:47] Speaker 1: En los parqueos en frente de mi apartamento. En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. [01:00:59] Speaker 6: En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. [01:01:05] Speaker 4: En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. [01:01:09] Speaker 6: En los parqueos enfrente de mi apartamento. [01:01:12] Speaker 1: En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. [01:01:18] Speaker 6: En los parqueos enfrente de mi apartamento. [01:01:19] Speaker ?: En los parqueos enfrente de mi apartamento. [01:01:20] Speaker 4: En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. [01:01:22] Speaker 6: En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. [01:01:24] Speaker 1: En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. [01:01:26] Speaker 6: En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. [01:01:29] Speaker 4: En los parqueos enfrente de mi apartamento. [01:01:30] Speaker 6: En los parqueos enfrente de mi apartamento. En los parqueos enfrente de mi apartamento. [01:01:32] Speaker 1: And you said he, was his car parked in a parking spot? [01:01:36] Speaker 6: Usted dice que el carro del estaba estacionado en un espacio de aparcamiento? Si. Yes. [01:01:42] Speaker 1: And was the defendant alone when he came to see you? [01:01:45] Speaker 6: El acusado cuando lo fue a ver usted, estaba solo? [01:01:47] Speaker 4: Él salió solo del carro, pero yo me asomé así como al vidrio a la ventana del carro. Y vi que ahí estaba Nema en su carship. [01:01:59] Speaker 6: He got out of the car on his own, but like I peeked through the window, the car window, and I could see that Nema was there on her car seat. Got it. [01:02:08] Speaker 1: So, was anybody else in the blue Tesla other than Nema? [01:02:13] Speaker 6: Además de Nema, había alguien más del Tesla azul? No. No. [01:02:18] Speaker 1: So, Naresh is outside of his car. Nema's inside of the car. Nobody else is in the car. [01:02:24] Speaker 6: Nema está dentro del carro y no hay nadie más dentro del carro. [01:02:28] Speaker 1: Let's talk about the conversation between you and Naresh when you came downstairs. Tell us what you two say to each other. [01:02:58] Speaker 6: So nothing. I said hello. He said hello, how are you? And then he said he was going to pay me. And then I asked him how Nima was doing. And he said that he was going to pay me. That she was inside of the car. So he takes out bills, you know, cash, and he asks me how much it was. [01:03:28] Speaker 4: So I tell him it's $90. [01:03:36] Speaker 6: So he gives me the $90. And apart from that, he gives me $15 more. [01:03:43] Speaker 1: Is there any other discussion between you and Naresh while he's paying you out the $90 plus the extra $15? [01:03:57] Speaker 4: No, I just said, thank you very much. [01:04:01] Speaker 1: Did you see where the defendant went after he gave you the cash? [01:04:04] Speaker 4: No, I just went up. You know, it's the second floor and I had to go up the stairs. [01:04:16] Speaker 1: Was that the last time you saw and communicated with Naresh? [01:04:28] Speaker 6: Yes. Was that the last time you saw baby Nima? [01:04:36] Speaker 1: Between August 2nd and August 22nd, were you available to be a babysitter for Naresh if he needed your help? [01:04:51] Speaker 6: Entre el 12 de agosto y el 22 de agosto. Estaba usted disponible para Naresh si él hubiera necesitado que usted le cuide la niña? [01:04:59] Speaker 4: Si. [01:05:00] Speaker 6: Yes. [01:05:01] Speaker 1: Gerona, I'm going to have this document marked as Commonwealth's 433 for identification. [01:05:07] Speaker 3: Okay. [01:05:07] Speaker 1: Copy's been provided to Council. Permission to approach. [01:05:11] Speaker 3: You may. [01:05:13] Speaker 1: Do you recognize this document that's in front of you at this time? Si. Yes. What do you recognize this to be? [01:05:24] Speaker 6: ¿Y qué es lo que reconoce usted? ¿Qué es eso? [01:05:26] Speaker 4: Es el mapa de los apartamentos donde vivía. [01:05:29] Speaker 6: That's the map of the apartments where I lived. [01:05:31] Speaker 1: Is your apartment reflected in this map? Si. [01:05:40] Speaker 6: Yes. And does this map truly and accurately depict the map of your apartment complex in July and August of 2024? [01:05:57] Speaker 4: Si. [01:05:58] Speaker 6: Yes. [01:05:58] Speaker 1: With that foundation offered into evidence as Commonwealth's 433. [01:06:03] Speaker 3: Any objection? No, ma'am. [01:06:04] Speaker ?: Okay. [01:06:05] Speaker 3: No objection. That's received into evidence. Of course. May the interpreters exchange, John. [01:06:13] Speaker 6: Yes. [01:06:28] Speaker 1: I have a few more questions then I'm done. Can you use the pointer and point on the big screen behind you? Where is your apartment building? When you throw out trash, where do you throw out your trash from your building? [01:07:24] Speaker 4: Está el más cercano a mí, que es este. [01:07:27] Speaker 2: The closest one to me is this one. [01:07:30] Speaker 4: Y está el otro como al frente del apartamento, pero más lejos. [01:07:34] Speaker 2: Y está el otro como al frente del apartamento, pero más lejos. [01:07:38] Speaker 1: Just hold your pointer on the location, the further trash can, trash location from your apartment. [01:07:46] Speaker 2: Puede poner su puntero en el lugar más lejano para tirar la basura. [01:07:52] Speaker 1: And for the record, the witness is pointing to a trash section to the furthest right of the map. [01:08:04] Speaker 5: I think you need to fix the record for the apartment building and the one closest to her as well. She pointed to two separate areas in advance. [01:08:14] Speaker 1: Ms. Perez, can you point to the closer trash area that's closest to your apartment? Just hold your pointer there. And for that. Thank you, ma'am. And I have actually one more question for you. When you met Naresh at about 9.30 in the morning on August 2nd, where was the defendant and where was his blue Tesla on that map? [01:09:12] Speaker 2: He was in the parking spaces that are right here. [01:09:15] Speaker 1: And for the record, you're pointing to a triangular section that's grayed out. Is this car in one of those parking spaces? Or was it in that grayed out area in front of your building? Is this car in one of those parking spaces? [01:09:38] Speaker ?: Is this car in one of those parking spaces? Is this car in one of those parking spaces? Is this car in one of those parking spaces? [01:09:41] Speaker 4: Is this car in one of those parking spaces? [01:09:42] Speaker 2: Is this car in one of those parking spaces? [01:09:43] Speaker 4: Is this car in one of those parking spaces? Is this car in one of those parking spaces? [01:09:45] Speaker 2: Is this car in one of those parking spaces? Is this car in one of those parking spaces? [01:09:47] Speaker ?: Is this car in one of those parking spaces? Is this car in one of those parking spaces? [01:09:49] Speaker 2: Is this car in one of those parking spaces? Is this car in one of those parking spaces? [01:09:51] Speaker ?: Is this car in one of those parking spaces? Is this car in one of those parking spaces? Is this car in one of those parking spaces? Is this car in one of those parking spaces? Is this car in one of those parking spaces? [01:10:19] Speaker 1: Ms. Perez, can you point to the parking location that you saw the defendant's blue Tesla? When he came to pick up Nima on August 2nd. [01:10:32] Speaker 3: Counsel, that's not the question you had just asked. You just asked when he came to pick up Nima on August 2nd. And I thought the first question that she was pointing to is when he came to pay her. [01:10:45] Speaker 1: Correct, Judge. Let me rephrase. Okay. [01:10:48] Speaker 2: On August 2nd, when Naresh came to pay [01:10:55] Speaker 1: to you at approximately 9:30 in the morning, where did Naresh park his blue Tesla? [01:11:02] Speaker 2: When he came at 9:30 in the morning, when he came at 9:20. And for the record, the witness is pointing to a set of parking spaces that run in a north-south direction. [01:11:17] Speaker 1: And it's the parking space. The first parking space in a city. [01:11:47] Speaker 5: Thank you, Judge. [01:11:55] Speaker ?: That's a fair recitation where she's parking. Much better than me. [01:12:02] Speaker 1: You can take a seat. You can take a seat. Thank you. Thank you. Question for you. In any of the days that you're watching Nima, the 30th, the 1st, the 31st, were you aware [01:12:19] Speaker 2: of any activity of any activity of the defendant outside of your apartment building? [01:12:37] Speaker 1: Defendant at that trash location, area. [01:12:55] Speaker 2: No. No. [01:12:59] Speaker ?: No. No. [01:13:03] Speaker 1: Question. Did the defendant, Naresh, ever ask you to discard anything into either of those trash locations? [01:13:31] Speaker ?: No. [01:13:32] Speaker 1: No. When the defendant would pick up Nima at the end of your time watching her, did you ever give him any trash to take to those trash locations? [01:13:55] Speaker 7: No. [01:13:56] Speaker 1: No. Your Honor, I have no further questions for Ms. Perez. [01:14:00] Speaker 7: All right. Cross. [01:14:02] Speaker 8: Hi, ma'am. Just a couple questions. You described on direct examination a couple of times where Mr. Bott, where Naresh came into your apartment and you weren't expecting it. [01:15:02] Speaker 3: Yes. [01:15:03] Speaker 8: And you said that the first time he came into your apartment was on July 30th, correct? [01:15:21] Speaker ?: Correct. [01:15:22] Speaker 8: The first time that you watched baby Nima was on July 8th of 2024, correct? [01:15:31] Speaker 2: Correct. Yes. [01:15:33] Speaker 8: And the Colombian family brought her in the morning to stay with you, correct? Correct. And on July 8th, correct? Yes. And on July 8th, that was the first time you had met Naresh in person. And on July 8th, the first time you had met Naresh in person. [01:16:09] Speaker 2: Yes. Yes. Yes. [01:16:12] Speaker 8: On July 8th, Naresh came into your apartment to look around and see some of the toys that Nima was playing with, correct? [01:16:22] Speaker 2: He just kind of looked through the door. [01:16:39] Speaker 8: Okay, so he came in through the door and looked around a little bit? [01:16:43] Speaker 2: He just kind of did like this at the door. [01:16:51] Speaker 8: Okay. For the record, it appears that he leaned his body into the door but didn't step foot into the door. [01:16:59] Speaker 2: And you described, going back now to July 30th, you described Naresh coming inside and taking [01:17:21] Speaker 8: off his shoes. [01:17:29] Speaker 2: 30th? The 30th? [01:17:31] Speaker 8: Of July. Yes. [01:17:33] Speaker 2: Yes. [01:17:34] Speaker 8: Are you aware if it is the practice of Naresh to always take his shoes off when he comes into [01:17:42] Speaker 2: a household? [01:17:53] Speaker 4: No, no se. [01:17:55] Speaker 2: No, I don't know. [01:17:57] Speaker 8: And you said that you were concerned about a man suddenly coming into your apartment because you were there alone with your child, correct? [01:18:11] Speaker 2: Yes. [01:18:13] Speaker 8: So the concern for you was that you weren't expecting it and it was a man, not necessarily that it was Naresh specifically. And on July 30th and July 31st, he came inside, took baby Nima, and left. [01:18:50] Speaker 2: At no point did you tell Naresh, please don't come in my house like that, correct? [01:19:11] Speaker 4: Ma'am, it's just yes or no, you did not tell him, please interpret, but please just answer [01:19:30] Speaker 8: the question, yes or no? [01:19:31] Speaker 2: En un futuro, usted debe responder si o no a la pregunta. What was said before was no, I was just there looking at him, very surprised or amazed that someone would come into my house like that, I didn't know what to do. [01:19:48] Speaker 8: But to be clear, you didn't communicate that you did not want him in your house. [01:19:54] Speaker 2: Usted no, le dijo a él que no quería que él entrara en su casa. [01:19:59] Speaker 8: And after he came into your house on July 30th, you still texted him about him coming over the next day with baby Nima for the 31st, correct? [01:20:09] Speaker 2: Y después de que él entró en su casa el 30 de julio, aún así usted le envió un traje de texto preguntando si iba a traerla el día 31, correcto? Sí. [01:20:21] Speaker ?: Yes. [01:20:22] Speaker 8: And you had spoken with her mother, Mamta, two days before on July 6th, to coordinate the babysitting. [01:20:49] Speaker 2: Yes. [01:20:50] Speaker ?: That was the first time you had ever spoken to Mamta, correct? [01:20:50] Speaker 2: Yes. That was the first time you had ever spoken to Mamta, correct? Yes. [01:20:57] Speaker ?: You never actually met Mamta in person, did you? Yes. [01:20:57] Speaker 2: Yes. [01:20:58] Speaker ?: Yes. And so you only spoke with Mamta in person, did you? Yes. [01:20:58] Speaker 2: And so you only spoke with Mamta. [01:20:59] Speaker ?: Yes. [01:20:59] Speaker 8: And so you only spoke with Mamta. [01:21:00] Speaker ?: Yes. And so you only spoke with Mamta. [01:21:00] Speaker 8: And so you only spoke with Mamta. As it related to babysitting. And so you only spoke with Mamta. [01:21:03] Speaker ?: And so you only spoke with Mamta. [01:21:03] Speaker 8: As it related to babysitting for three separate occasions. [01:21:04] Speaker ?: Yes. Yes. And so you only spoke with Mamta. [01:21:04] Speaker 2: As it related to babysitting for three separate occasions. Yes. [01:21:06] Speaker ?: Yes. Yes. Yes. [01:21:08] Speaker 2: Yes. [01:21:09] Speaker ?: Yes. [01:21:10] Speaker 8: And so you only spoke with Mamta. As it related to babysitting for three separate occasions. [01:21:20] Speaker ?: Yes. [01:21:21] Speaker 8: And so you only spoke with Mamta. As it related to babysitting for three separate occasions. Yes. [01:21:33] Speaker 2: You only ever spoke with her by text message. Yes. Yes. [01:21:38] Speaker ?: Yes. [01:21:38] Speaker 2: You only ever spoke with her by text message. [01:21:42] Speaker ?: Yes. [01:21:43] Speaker 2: Yes. [01:21:44] Speaker 8: It was always Naresh who would drop off baby Nima in the morning. [01:22:03] Speaker 2: After July 9th, yes. [01:22:16] Speaker 8: Thank you. And then it was always Naresh who would pick up baby Nima. Yes. [01:22:21] Speaker ?: Yes. [01:22:21] Speaker 2: Yes. For the questions. [01:22:23] Speaker ?: Any redirects. [01:22:23] Speaker 1: Ms. Perez, did you ever give the defendant consent to come inside your house? [01:22:45] Speaker 2: No. And when he came inside your house, tell the jury how you felt again? I'll leave it at that. No further questions. Right. Is this witness excused? Yes. She's excused. All right, ma'am. Thank you for being here. [01:23:06] Speaker 1: You are free to go. [01:23:20] Speaker 3: here, you are free to go.