Shocking Testimony: Daughter Describes Planning Husband’s Killing with Mother

[00:00:00] Speaker 1: Please have a seat there. Officer, could you help by moving the mic forward and down towards her, please? All right, Ms. Rustelli, I know you've testified before. Just keep in mind, we'll let the attorneys finish asking the question. We prefer to respond, give direct answers, and give verbal responses, please. [00:00:22] Catherine Rust: Yes, Your Honor. [00:00:23] Speaker 3: Ms. Rustelli, would you please state your full name and spell your first and last? [00:00:27] Catherine Rust: Catherine Rustelli, K-A-T-H-R-Y-N, Rustelli, R-E-S-T-E-L-L-I. [00:00:34] Speaker 3: Thank you. Are you okay if I call you Kate throughout this? [00:00:36] Catherine Rust: Absolutely. Okay. [00:00:39] Speaker 3: Kate, who is Tracy Grist? [00:00:41] Catherine Rust: She is my mother. [00:00:43] Speaker 3: You see Ms. Grist in the courtroom today? [00:00:46] Speaker ?: I'm sorry. [00:00:47] Speaker 1: Do you? Oh, we've got it. Raise your right hand. Do you swear or affirm under the laws of the state of Utah penalty of perjury that the test winning this matter today will be true and correct so often God? Yes, sir. Thank you. [00:01:01] Speaker 3: Okay. Let's start again. Would you please state your name for the record? [00:01:05] Catherine Rust: Catherine Rustelli, K-A-T-H-R-Y-N, R-E-S-T-E-L-L-I. [00:01:10] Speaker 3: Thank you. And who is Tracy Grist? [00:01:12] Catherine Rust: She is my mother. [00:01:13] Speaker 3: Okay. And do you see Tracy in the courtroom today? [00:01:15] Catherine Rust: I do. [00:01:16] Speaker 3: Okay. Would you please point her out with an article of clothing? [00:01:18] Catherine Rust: She is blue and white dress. [00:01:23] Speaker 3: I'd ask that the record reflected she identified to the defendant. [00:01:26] Speaker 1: So noted. Thank you. [00:01:28] Speaker 3: Okay. Kate, why are you testifying in handcuffs? [00:01:34] Catherine Rust: Because I am a resident at Utah State Correctional Facility. And I'm in prison. [00:01:41] Speaker 3: And why are you in prison? [00:01:42] Catherine Rust: Because I pled guilty to the murder of my husband. [00:01:46] Speaker 3: What other charges did you plead guilty to? [00:01:49] Catherine Rust: Conspiracy and criminal discharge of a firearm. [00:01:54] Speaker 3: And you said you pled guilty to the murder of your husband. [00:01:58] Catherine Rust: Yes, Matthew Rustelli. [00:02:00] Speaker 3: Thank you. His name is Matthew Rustelli. [00:02:01] Catherine Rust: Yes. [00:02:02] Speaker 3: Who did you conspire with to murder Matt Rustelli? [00:02:07] Catherine Rust: My mother, Tracy Grist. [00:02:09] Speaker 3: And who else? [00:02:10] Catherine Rust: Kevin Ellis, my brother. [00:02:17] Speaker 3: Now you said you're in prison. Is it fair to say that you reached a, you pled guilty, correct? [00:02:24] Catherine Rust: I did. [00:02:25] Speaker 3: And why did you plead guilty? [00:02:28] Catherine Rust: I pled guilty because I wanted justice for Matt. I wanted justice for his children. And the truth needed to be said. [00:02:42] Speaker 3: Is it fair to say that you received a plea deal from the state in exchange for your plea? [00:02:48] Catherine Rust: Yes. [00:02:49] Speaker 3: And is it fair to say that your possibility of parole is sooner than it might otherwise be? [00:02:57] Catherine Rust: Yes. [00:02:58] Speaker 3: Is it also fair to say, though, that you still have a life possibility? [00:03:02] Catherine Rust: Yes, I do. [00:03:07] Speaker 3: Which was the more driving factor for you? The reduced possibility of, or the more favorable possibility of release, or the truth coming out? [00:03:18] Catherine Rust: I went to my attorney, and I told him I wanted to tell the truth. I did not know what deal would come out of telling the truth. I wanted the truth. [00:03:33] Speaker 3: And are you here to tell the truth to the jury today? [00:03:36] Catherine Rust: Yes. [00:03:38] Speaker 3: Let's back up a little bit. Tell me about your relationship with Matt. [00:03:44] Catherine Rust: It was... [00:03:45] Speaker 3: Your Honor, may I approach the witness? Yes. Thank you. [00:03:47] Catherine Rust: You got that. Thank you. [00:03:51] Speaker 3: If you need a water or something, just let us know. [00:03:54] Catherine Rust: I have one in front of me. Thank you. It wasn't the best marriage. Let's talk timelines. [00:04:01] Speaker 3: When did you guys meet? [00:04:03] Catherine Rust: We met in November of 2008. [00:04:08] Speaker 3: And how long did you guys date before getting married? [00:04:11] Catherine Rust: We got married in November 2016. I think that was eight years. About? Yeah. [00:04:19] Speaker 3: And did you and Matt have children? [00:04:23] Catherine Rust: Yes, we did. [00:04:24] Speaker 3: Okay. And how old were they? And what are their names? [00:04:26] Catherine Rust: Matthew has a son from a previous relationship. His name is Lucas, and he's 21. And then we have a daughter who is Cheyenne. She's eight. And a son who is five. His name is Steele. [00:04:40] Speaker ?: Okay. [00:04:43] Speaker 3: You said you got married in 2016. When did you have... When was Cheyenne born? [00:04:51] Catherine Rust: August of 2016, I was... August of 20... Excuse me. August of 2017, I was two weeks pregnant at the wedding, and I had no idea. [00:04:59] Speaker 3: Okay. Let's talk a little bit about that relationship. You said it was... You said it... What was the word you used? It was hard? What did you say at the beginning? [00:05:10] Catherine Rust: It wasn't perfect. It wasn't the best. [00:05:13] Speaker ?: Okay. [00:05:14] Speaker 3: How did it begin at the beginning of the marriage? How were things? [00:05:18] Catherine Rust: At the beginning of the marriage? It was so-so. We had our arguments, but it was something that I was stubborn, and I wanted it to work. [00:05:29] Speaker 3: And how did the relationship improve over the years, or did you improve it over the years? [00:05:38] Catherine Rust: It stayed pretty steady, but when COVID hit, it really got strained. [00:05:43] Speaker 3: How so? [00:05:45] Catherine Rust: Spending a lot of time together, and financial burdens really took a toll on our marriage. [00:05:52] Speaker 3: Would you guys fight often? [00:05:54] Catherine Rust: Yes. [00:05:55] Speaker 3: Would those fights become physical? [00:05:57] Catherine Rust: Never physical. I don't recall any pushing, but it was very verbal. A lot of yelling. A lot of yelling, yes. [00:06:08] Speaker 3: Name-calling. [00:06:09] Catherine Rust: Yes. [00:06:11] Speaker 3: From both sides? [00:06:12] Catherine Rust: Yes. [00:06:13] Speaker 3: Tell me a little bit about where you and Matt lived. [00:06:20] Catherine Rust: We lived in Temecula, California. To be more specific, Awonga, California. It was a rural little piece of property. It was about seven acres for the first part of our marriage. First part of our relationship, we lived in a fifth wheel, and then we were given a home by his parents. [00:06:46] Speaker 3: You said it was rural. How rural are we talking? [00:06:49] Catherine Rust: The nearest neighbor was about a mile away, but it was right off of a one-lane highway. It was about 15 minutes to the nearest gas station, Walmart. [00:07:03] Speaker 3: Okay, so town was about 15 miles or 15 minutes away? Yes. Okay. You said it was seven acres? Yes. And the closest neighbor was about a mile away. Yes. Did you have neighbors all around you, or how was the property laid out? [00:07:20] Catherine Rust: It was pretty spread out. The property is surrounded by Cleveland National Forest. [00:07:28] Speaker 3: Did you guys have wildlife there? [00:07:29] Catherine Rust: Lots of it. [00:07:30] Speaker 3: What are some of the wildlife that you have there? [00:07:32] Catherine Rust: Bobcats, cougars, wild turkeys, quail. We had a couple dogs. I don't recall any other wildlife off the top of my head. [00:07:43] Speaker 3: Would you see the wildlife often? [00:07:46] Catherine Rust: Occasionally. We saw a bobcat the night we brought home my daughter. No, it was my son. Excuse me. It was my son from the hospital. We saw a bobcat, and Matt actually shot and killed it because he thought it was a bigger cat. [00:08:06] Speaker 3: Like what? Like what would be a bigger cat? [00:08:08] Catherine Rust: A bobcat. Or not, excuse me, a cougar, like a mountain lion. [00:08:13] Speaker 3: Did you guys have mountain lions in the area? [00:08:14] Catherine Rust: Yes. [00:08:16] Speaker 3: Did you ever see one? [00:08:17] Catherine Rust: Yeah, I saw one across the street in a big field during the day. We took our binoculars and we were watching it. [00:08:25] Speaker 3: What about Matt? Did you ever run into mountain lions? [00:08:27] Catherine Rust: I believe so, yeah. Even in Orange County, where his parents live, he had a pretty big encounter with a mountain lion. [00:08:36] Speaker 3: Tell me about Matt. What were his hobbies? [00:08:38] Catherine Rust: He liked to bike ride. He occasionally liked to fish. He liked being outdoors. He liked to work on mechanics. Anything with his hands. [00:08:49] Speaker 3: And would he report having, well, I'll strike that. You said COVID things got really hard. Yes. Right, spending a lot of time together. Yes. Financial situations were hard. [00:09:03] Catherine Rust: Yes. [00:09:05] Speaker 3: Ultimately, did you step out on the marriage? [00:09:09] Catherine Rust: Yes, I did. [00:09:10] Speaker 3: When was that? [00:09:12] Catherine Rust: It was about a year before the murder, in June of 23. [00:09:20] Speaker 3: Was that an additional source of contention between you two? [00:09:25] Catherine Rust: I never was truthful with him. He had an idea, but I never confirmed it. [00:09:30] Speaker 3: But were there accusations made? [00:09:31] Catherine Rust: Yes. [00:09:36] Speaker 3: Let's talk a little bit about, you'll see in front of you, and if we could put up States Exhibit 1 for the witness only. You see that in front of you? [00:09:52] Catherine Rust: Yes, I do. [00:09:52] Speaker 3: Okay, does that match this demonstrative exhibit that's right here to your left? [00:09:56] Speaker 1: Yes, it does. [00:09:57] Speaker 3: Okay. If we could say we move to admit States Exhibit 1. [00:10:00] Speaker 1: Any objection? So admitted, thank you. [00:10:04] Speaker 3: If we could publish to the jury, please. Okay, we're going to talk through all the people on this board. [00:10:16] Speaker ?: Okay. [00:10:17] Speaker 3: First, in the blue up top, we've already identified Tracy Griss as your mother, correct? Yes. In 2024, where did Tracy live? [00:10:24] Catherine Rust: Utah. [00:10:25] Speaker 3: What part? [00:10:26] Catherine Rust: I'm at the Vork, Utah. [00:10:27] Speaker 3: Okay. And then going down to her family tree on the far left, who is Tara Lynn Fisher? [00:10:37] Catherine Rust: She is my older sister. [00:10:39] Speaker 3: Okay, and where does she live? Or where does she live in 2024? [00:10:42] Catherine Rust: She lived in Carlsbad, California. [00:10:44] Speaker 3: How far was that from Temecula or Iwanga? [00:10:48] Catherine Rust: About an hour drive, 45 if you get lucky. [00:10:52] Speaker 3: What was your relationship like with Tara Lynn? [00:10:54] Catherine Rust: It was really good. I would definitely call her one of my best friends. [00:10:58] Speaker 3: Would you confide in her the problems you were having? [00:11:00] Catherine Rust: Absolutely. [00:11:01] Speaker 3: Okay. Next to Tara Lynn, who's Kevin Ellis? [00:11:05] Catherine Rust: Kevin Ellis is my younger brother. [00:11:07] Speaker 3: Okay. And where did, in 2024, where did Kevin live? [00:11:09] Catherine Rust: He lived in American Bork with my mother. [00:11:12] Speaker 3: Logistically, how is your, how is Tracy's house laid out? Where were the rooms? [00:11:18] Catherine Rust: So it's a three-story, well, I guess it's a two-story with a basement. On the ground level, there is an office that Rory would use to have her games. Downstairs, it's a basement. And Jacob had the downstairs bedroom, and there was like a game room and an extra living room. And then going all the way upstairs, it's, when you come to the top of the stairs, it's Rory's bedroom, Kevin's bedroom, a bathroom, and then my mother's room. [00:11:51] Speaker 3: So, obviously, you're Kate Rostelli, and then to the right of you is Tim Ellis. Who is Tim? [00:11:57] Catherine Rust: Tim Ellis is my younger brother. [00:11:59] Speaker 3: And in 2024, where did Tim live? [00:12:01] Catherine Rust: In Pleasant Grove, Utah. [00:12:04] Speaker 3: How far would you say that was from your mom's house, if you know? [00:12:07] Catherine Rust: Two to three minutes. [00:12:09] Speaker 3: And then to the right of Tim is who? [00:12:12] Catherine Rust: Rachel Jorgensen, my younger sister. [00:12:14] Speaker 3: Okay. And where did Rachel live in 2024? [00:12:16] Catherine Rust: In Ogden. [00:12:19] Speaker 3: And then to the right of her is Jacob Trujillo? Yes. And who is that? [00:12:23] Catherine Rust: He is my younger brother, and he lived in American Fork downstairs with my mother. [00:12:27] Speaker 3: You indicated he was in the basement, right? Yes. [00:12:29] Catherine Rust: It's a finished basement. [00:12:31] Speaker 3: Okay. Yeah. So, rooms down there and carpet. Yeah. To the right of him is, who is that? [00:12:37] Catherine Rust: That is Rory, and that is my youngest sister. And she also lived at home with my mom in American Fork. [00:12:43] Speaker 3: And is that who you referred to, would use the office for her games? [00:12:46] Catherine Rust: Yes. [00:12:47] Speaker 3: Okay. All right. Now, moving over to the yellow, who is Diane Rustelli? [00:12:52] Catherine Rust: Diane Rustelli is Matthew's mother. [00:12:55] Speaker 3: And then, obviously, we have Matthew, and you've already identified Cheyenne and Steal Your Children, correct? Yes. We can take that down. Of that group, who would you say you were closest to? [00:13:11] Catherine Rust: Definitely Tara Lynn. [00:13:13] Speaker 3: Okay. And after Tara Lynn, who would you say you were closest to? [00:13:16] Catherine Rust: Next would probably be my mother. [00:13:18] Speaker 3: And then, after her? [00:13:20] Catherine Rust: I wasn't really as close with Rachel as I am now. I believe that being in jail and going through all of this brought me closer to Rachel. She's significantly younger than I am, so I wouldn't bother her with my marriage problems because she had such a good marriage, I didn't want her to be discouraged. [00:13:45] Speaker 3: Were you close with Kevin? [00:13:48] Catherine Rust: No. [00:13:49] Speaker 3: How often would you say you spoke to Kevin? Let's go from January 24 until June 24 when you came out here. [00:13:57] Catherine Rust: I don't think I spoke with him at all during January, February, March, April, May. And the only time in June was when I was coming out and he provided me the gate code. He told me that he would help me unload the car when I got there. [00:14:12] Speaker 3: You did have a family trip in February, right? Yes. Yes, that's right. Did you talk to him then? [00:14:18] Catherine Rust: Briefly, yes. [00:14:20] Speaker 3: Okay. But you weren't close? [00:14:22] Catherine Rust: No, I don't think so. [00:14:23] Speaker 3: Would you confide in him, your problems with Matt? Absolutely not. And what about Tim? [00:14:33] Catherine Rust: Tim, I barely talked to him. I did speak with him in February because we're both huge Disney fans, so we bonded over that. But other than that. [00:14:46] Speaker 3: And Rory and Jacob? [00:14:48] Catherine Rust: Same thing. Just brief conversations, nothing really substantial. [00:14:56] Speaker 3: Is it fair to say that Kevin, Tim, Rory, Jacob weren't in the same stage of life as you were? [00:15:04] Catherine Rust: Correct. [00:15:05] Speaker 3: And so there wasn't a whole lot to talk about. Is that fair? [00:15:08] Catherine Rust: Yes. [00:15:09] Speaker 3: Beyond normal sibling things? [00:15:11] Catherine Rust: Yes. [00:15:12] Speaker ?: Okay. [00:15:13] Speaker 3: Would you confide in any of them, those four, your problems with Matt? [00:15:17] Speaker ?: No. [00:15:19] Speaker 3: So really, is it fair? So Carolyn and your mom were the two you confided in? Yes. And not Rachel because you said you didn't want to burden her or taint her view of marriage, right? Yes. It's fair to say that over the first six months of 2024, that your relationship with Matt was continuing to deteriorate. [00:15:49] Speaker 4: Yes. [00:15:52] Speaker 3: Can we put up for the witness exhibit 28, please? 28. You have a binder up there. If you want to refer to it, you can. But if not, it will show up on your screen. [00:16:08] Catherine Rust: Okay. Thank you. [00:16:10] Speaker 3: It might be easier on the screen. Okay. Can you just take a look at that exhibit? And when you recognize what it is, just look up and let me know. If you want us to scroll down, we can. Okay. Do you recognize that? [00:16:33] Catherine Rust: Yes, I do. [00:16:34] Speaker 3: What does that appear to be? [00:16:35] Catherine Rust: That is a text message between me and my mother. [00:16:37] Speaker 3: Okay. Does it appear to be an accurate representation of that conversation you had with her? Yes. State would move at this time to admit States Exhibit 28. [00:16:44] Speaker 1: Any objection? Thank you. So admitted. We could go to page three of that. [00:16:57] Speaker 3: Thank you. What, that first message at the top, what's the date on that? And if we could publish this to the jury, please. [00:17:06] Catherine Rust: The date on that is January 13th, 2024. [00:17:12] Speaker 1: Can you blow it up? It's impossible to read for the jury. [00:17:18] Speaker 3: Thank you. Okay. And that first text message there on page three, what's, what does it say? [00:17:25] Catherine Rust: At this point, I don't know if Matt will be going to Disney. We've been fighting so much. I want out. [00:17:32] Speaker 3: When you say I want out, what did you mean? [00:17:34] Catherine Rust: I want out of the marriage. [00:17:36] Speaker 3: And this was in January of 2024, correct? Yes. Okay. And if we could scroll down, what was your mom's response? [00:17:43] Catherine Rust: Sure. [00:17:46] Speaker 3: Okay. And then let's, let's scroll down to the page four, please. Okay. On your right, what do you say at 9 or 8 in the evening? [00:17:57] Catherine Rust: I can't recover it. [00:17:58] Speaker 3: And what are you referring to? [00:18:00] Catherine Rust: The fight that we were having. I was trying to get him to agree to go to Disney. Because if he didn't go to Disney, I feel like it would be, I felt like it would be held over my head that I took our children to Disneyland without him. [00:18:16] Speaker 3: Okay. And then if we could go to page, go to the next page, please. Keep going. Next page. Okay. You could read that message on the left. And who's that from? [00:18:37] Catherine Rust: That is from my mother to me. [00:18:39] Speaker 3: What'd she say? [00:18:41] Catherine Rust: I just told your husband, don't mess with my child. I want you to know I meant that. [00:18:48] Speaker 3: What is the, what happened prior to this message? [00:18:51] Catherine Rust: My mother called Matt. [00:18:54] Speaker 3: Do you know what she said? [00:18:56] Catherine Rust: No, I don't. I was not in the room. And Matt didn't have her on speaker. I, I know that after she told me what she said, I was like, oh, all right. [00:19:09] Speaker 3: What'd she tell you that she said? [00:19:11] Catherine Rust: That she. [00:19:12] Speaker 3: Or is it this? [00:19:13] Catherine Rust: It's pretty much that she told him not to mess with me. [00:19:17] Speaker 3: Okay. Can you please scroll down? Okay. Let's stop there. Could you please read that message from your mom? [00:19:25] Catherine Rust: He asked if it was a threat. And I said, I just wanted him to not react. And the next one, please. But that's only because I was watering down my words. [00:19:37] Speaker 3: What is that? What did that mean to you? [00:19:40] Catherine Rust: She was sugarcoating. She was. Hold on. [00:19:42] Speaker 3: If you have Jax, just. I'm sorry. Calls for speck to I should. I asked her what it meant to her. Not what her mom meant by it, but what did she interpret? All that under that. Nice. [00:19:53] Catherine Rust: What did it mean to me? It meant that she had said harsh words and that she was able to sugarcoat it to where he didn't realize that she was actually being rude and threatening. Okay. [00:20:13] Speaker 3: Let's scroll down, please. Let's keep going towards the end. Well, actually, let me pause there. How did Matt respond to that? [00:20:24] Catherine Rust: He did not like that phone call at all. [00:20:26] Speaker 3: And you really got your mom, correct? [00:20:28] Catherine Rust: I did. [00:20:29] Speaker 3: Okay. Continue on. Go to Tracy's next message, please. [00:20:35] Speaker ?: Okay. [00:20:37] Speaker 3: So you tell your mom that Matt was mad about it. What was her response to you? [00:20:41] Catherine Rust: She said that she wouldn't call him. And she said, just try to sleep. I won't call him. And then she said, I'll drive nine hours and strangle him. [00:20:52] Speaker 3: Now, what did that mean to you? [00:20:55] Catherine Rust: I didn't think it was serious. I thought it was more of a figure of speech. But I know that she was not keen on Matt. [00:21:08] Speaker 3: How did you know that those two didn't get along? You can take this down, please. [00:21:11] Catherine Rust: They had had arguments at my house, and they both voiced it to me. [00:21:21] Speaker 3: Actually, sorry. Let's put that back up. Go to page 10, please. What's the date on this text message? [00:21:42] Catherine Rust: January 14, 2024. [00:21:44] Speaker 3: What time of the day? [00:21:45] Catherine Rust: At 8.30 in the morning. [00:21:47] Speaker 3: Is that fair to say the next morning? [00:21:48] Catherine Rust: Yes. [00:21:48] Speaker 3: Okay. What do you say to your mom? [00:21:51] Catherine Rust: Matt's really upset that you, quote, unquote, threatened him. He wants to call you and make sure that you battle the shit out of threatening him. And I believe I misspoke on that. And I think I meant to say backpedal. [00:22:08] Speaker 3: Okay. Okay. Thank you. So, like, take it back? [00:22:11] Catherine Rust: Yes. Okay. [00:22:12] Speaker 3: And that's what you meant? [00:22:13] Catherine Rust: Yes. I was telling her to undo it. [00:22:17] Speaker 3: All right. If we could scroll down, what was her response? [00:22:20] Catherine Rust: Okay. [00:22:21] Speaker 3: And the next? [00:22:23] Catherine Rust: Fuck him. He can call. I will act innocent enough, but he doesn't have the balls to call me. [00:22:30] Speaker 3: Thank you. You can take that down. We could show just the witness, Exhibit 31, please. Yes. [00:22:47] Speaker 5: I did. Yes. [00:22:52] Speaker 3: Yes. And we'll look at this in just a second. But that exchange was in January. [00:23:01] Catherine Rust: Yes. [00:23:01] Speaker 3: Ultimately, did you, did the Disney trip happen or not happen? [00:23:04] Catherine Rust: The Disney trip happened. It had some hiccups, but it did happen. [00:23:08] Speaker 3: And did Matt go on it with you? [00:23:09] Catherine Rust: Yes, he did. [00:23:10] Speaker ?: Okay. [00:23:11] Speaker 3: After coming back from Disney, did that fix your relationship? No. Sorry. Well, it's fair, right? Like, is it fair that your problems were bigger than that? Yes. Okay. And did you continue to share your frustration with your family members? [00:23:26] Catherine Rust: I did. [00:23:27] Speaker 3: In particular, your mom and Tara Lynn. [00:23:29] Catherine Rust: Yes, I did. [00:23:31] Speaker 3: If you take a look at your screen, this has previously marked as State's Exhibit 31. When you recognize it, just let me know. Okay. Does that appear to be a conversation? Another text thread between you and your mother? Yes, it does. The State would move to admit State's 31. [00:23:44] Speaker 1: Any objection? No, you're right. Thank you. So admitted. [00:23:46] Speaker 3: Okay. If we could publish, please. Can you blow that up, please? Thank you. What's the date on this text thread? [00:24:04] Catherine Rust: May 22, 2024. [00:24:06] Speaker 3: Okay. And what do you say to your mom? [00:24:08] Catherine Rust: I hate my life, mom. [00:24:10] Speaker 3: And the next one? [00:24:11] Catherine Rust: I hate that I have kids with Matt. [00:24:13] Speaker 3: Do you remember what was going on around this time? [00:24:18] Catherine Rust: Just another argument. Just, I can't tell you what the argument was about. I don't remember. [00:24:27] Speaker 3: If we go to the next page, please. Okay. Well, actually, we'll pass on that one. Do you remember, would your mom come to visit you? And we can, if we could unpublish it, please. Did your mom come to visit you guys in California? [00:24:45] Catherine Rust: Yes, she did. [00:24:45] Speaker 3: Do you remember if she came out to visit you right around this time frame? End of May of 2024? [00:24:50] Catherine Rust: Yes, I believe she did. [00:24:52] Speaker 3: Okay. And do you remember how that visit went? [00:24:58] Catherine Rust: I believe she was out to visit her friend. I don't recall if she had just passed or was extremely sick, her friend being extremely sick. [00:25:09] Speaker 3: And remember what her friend's name was? [00:25:11] Catherine Rust: Amy McQuillan. [00:25:13] Speaker 3: And while they're visiting her, she came to see you? Is that what you're saying? [00:25:17] Catherine Rust: Yes, she did stay at my house. [00:25:19] Speaker 3: And was there anything significant that stuck out to you about that visit? Anything that you remember? [00:25:29] Catherine Rust: I know that Matt and my mom had a little argument, a little tiff, but it was, it wasn't really anything that I owe. Matt made a comment to me after my mom left that my mom asked why I was spending so much time in my camper. I would be in my camper smoking, smoking weed. And he stated that she asked why I was in there so often for so long. And I thought nothing of it. I eventually asked my mom about it. And she said, no, I didn't ask that. That's him. He's lying. And from there, she got upset that he was painting the picture that she cared what I was doing in the camper. [00:26:28] Speaker 3: Okay. Did it become, was it a source of contention between Matt and your mom? This argument? [00:26:36] Speaker 4: Yes. [00:26:37] Speaker ?: Okay. [00:26:39] Speaker 3: And that was at the end of May of 2024. Is that correct? I believe so, yes. We could show the witness State's Exhibit 24. Okay. Do you recognize this exhibit? Yes, I do. This appears to be a conversation between you and Carolyn Fisher. Yes, it does. The state would move to admit State's Exhibit 24. [00:27:07] Speaker 1: Any objection? No, I don't. Thank you. So admit it without objection. [00:27:11] Speaker 3: If we could publish, please. Okay. Again, who is this conversation between? [00:27:24] Catherine Rust: Myself and my older sister, Tara Lynn. [00:27:26] Speaker 3: And Tara Lynn's the one that lived in Carlsbad, correct? [00:27:28] Catherine Rust: Yes. [00:27:29] Speaker 3: Yeah. And what date, what's the date on this communication? [00:27:32] Catherine Rust: June 6th, 2024. [00:27:36] Speaker 3: If it says June 8th, would that be? Sorry. I'm sorry. [00:27:39] Catherine Rust: Yeah, June 8th. My apologies. [00:27:41] Speaker 3: And what do you say to Tara Lynn? [00:27:44] Catherine Rust: I hate Matt. I need out so bad. [00:27:47] Speaker 3: You remember what was, why you hated him so much right then? [00:27:51] Catherine Rust: Another argument. Just something that he was just belittling me about. Just another stupid argument. [00:28:01] Speaker ?: Okay. [00:28:02] Speaker 3: If we could go to page two, please. Keep going. Let's stop there. 5.55 p.m. that evening, what do you ask, Tara Lynn? [00:28:17] Catherine Rust: How do I get out? [00:28:19] Speaker 3: And if we could scroll to the next page for her response. Keep going. Keep going. Right there. Could you please read that third one down? [00:28:29] Catherine Rust: You literally have to do it one step at a time. I think talking to mom about that storage unit, a very small one, putting most of your valuable things, the few favorite toys of the kids or whatever for outfits, whatever you need to start pre-planning. [00:28:49] Speaker 3: What did you understand for pre-planning? [00:28:53] Catherine Rust: Pre-planning to go to Utah to go be with my mom and take my kids. [00:29:00] Speaker 3: And did you talk to your mother about that storage unit? [00:29:03] Catherine Rust: I don't know if I actually talked to my mom about the storage unit. I know that Tara Lynn and my mom talked about the storage unit, and Tara Lynn is the one who ended up renting the storage unit for me in her name so it would have no paper trail back to me and Matt would have no idea. [00:29:22] Speaker 3: Okay. Now, what did you begin to do when you did unpublish this? But what did you begin to do with that storage unit? [00:29:28] Catherine Rust: I put anything that was near and dear to my heart. A lot of the children's clothes. I enjoy doing letter boards. Letter boards are little felt boards that you put letters on. I put all of them in there. I put my Christmas tree. I put my Christmas tree. I put... [00:29:49] Speaker 3: So you began to fill it. I'm sorry? You began to fill it. Yes, I did. And what was the intention at that time? You said you were pre-planning. You were pre-planning for what? To leave Matt. And did you have an anticipated time you were going to do that? [00:30:05] Catherine Rust: We were trying to work out the details. It required my mother sending me a credit card that she was putting me on to be able to rent a vehicle to drive out to Utah because Matt and I did not have money to do that. [00:30:20] Speaker 3: Do you remember plans to go to Vegas around that time? Yes, I do. And what was your plan after the Vegas trip? [00:30:30] Catherine Rust: I was actually going to leave from the Vegas trip to my mother's. [00:30:35] Speaker 3: And who had you talked about that with? [00:30:38] Catherine Rust: My mom. [00:30:39] Speaker 3: Anybody else? [00:30:40] Catherine Rust: Tara Lynn. [00:30:43] Speaker 3: If we could show to the witness Exhibit 25, please. I'm going to scroll down a little bit. Okay, once you recognize this, same procedure. You recognize that? Yes, ma'am. And does that appear to be a conversation between you and your mother? Yes, it does. Does it appear to act to reflect that conversation? Yes. If I could say we move to admit States Exhibit 25. [00:31:11] Speaker 1: Any objection? No, we have it. [00:31:13] Speaker 3: Okay. So admitted, thank you. If we could publish to the jury, please, page one. Okay, can you please read that message that you said? Oh, actually, what's the date on that message? I'll blow it up, please. I'll blow it up a little bit more. [00:31:34] Speaker ?: Thank you. [00:31:36] Catherine Rust: June 15th, 2024. [00:31:39] Speaker 3: Okay. And who are you talking to here? [00:31:41] Catherine Rust: I am talking to my mom. [00:31:43] Speaker 3: And what do you say? [00:31:44] Catherine Rust: Diane just said we probably shouldn't go to Vegas. [00:31:47] Speaker 3: And you've identified this earlier, but who is Diane? [00:31:50] Catherine Rust: Diane is Matt's mother. [00:31:51] Speaker 3: Okay. If we could go to page three, please. Let's scroll down. Right there. Later that day, what does your mom ask you? [00:32:06] Catherine Rust: Hey, what is your SS number? [00:32:08] Speaker 3: What was the purpose of this? If you remember. [00:32:12] Catherine Rust: Being able to put me on her Costco credit card. [00:32:15] Speaker 3: Okay. You can go ahead and unpublish that. Did your mom put you on the credit card? [00:32:26] Catherine Rust: Yes, she did. [00:32:28] Speaker 3: And what, did you get a, how'd that happen? [00:32:32] Catherine Rust: She had it mailed to her house. And then from her house, she mailed it to my PO box that I held at the UPS store. [00:32:40] Speaker 3: And it was, it was a card in your name? [00:32:42] Catherine Rust: Yes, it was. [00:32:44] Speaker 3: And what, did Matt know about this card? [00:32:48] Catherine Rust: No, he did not. [00:32:49] Speaker 3: Was that the whole purpose of the card? Yes, it was. Okay, so where we're at is, you've got a storage unit. You've been filling it with your valuables, correct? Yes. Roughly 616, your mom sends you a Costco credit card, is that correct? Did you get it that same day or did you get it a couple days? [00:33:17] Catherine Rust: The day that she asked me about the social security card, the social security number, no, I did not get it. It probably took about a week to get it. [00:33:25] Speaker 3: A week, so that would be the 23rd of June or? [00:33:30] Catherine Rust: I don't, I don't recall. Probably sooner than that because I left on the 20th. So I probably got it on the 19th or the 18th. [00:33:42] Speaker 3: You had it before you left, correct? [00:33:43] Catherine Rust: Yes, I needed it to rent the vehicle. [00:33:47] Speaker 3: Let's just go ahead and publish again a state's 20th. Page 25 and go to page 10, please. Let's go down to the bottom. Okay, on the 18th, do you see the message from your mom? [00:34:07] Catherine Rust: Yes. [00:34:07] Speaker 3: And what does it say? [00:34:08] Catherine Rust: It will arrive at 8 a.m. tomorrow. [00:34:13] Speaker 3: And what is that in reference to? [00:34:15] Catherine Rust: The card. [00:34:16] Speaker 3: Okay, so is that consistent then with what you just said? You probably would have gotten it a day or two before. [00:34:21] Catherine Rust: Yeah, I believe I got it on the 19th. Okay. [00:34:24] Speaker 3: We can go to the last page of that exhibit. Scroll down, please. Okay, that message at 4.15 p.m. on the 18th, what is that? [00:34:37] Catherine Rust: That is the information of the rental car place that I was going to use to rent the vehicle. [00:34:46] Speaker ?: Okay. [00:34:47] Speaker 3: Could you have rented the car without your mom? [00:34:52] Catherine Rust: Without her credit card? No. I don't believe so. [00:34:55] Speaker 3: Could you have gone to Utah without her? [00:34:58] Catherine Rust: No. [00:35:08] Speaker 3: Okay, so on the 20th, what did you do? Then over June 20th. [00:35:13] Catherine Rust: So June 20th, I got up like normal and I told Matt that I was going to go to work. I was working with one of the women at the school that my daughter attended, doing personal assisting, helping her manage her Airbnbs. So it was an under-the-table job. So I was able to bring my children. And I told Matt that I was going to work and that I was going to bring the kids and we were going to have a fun day. [00:35:43] Speaker 3: Okay. Were you going to work? [00:35:46] Catherine Rust: No, I was not. [00:35:47] Speaker 3: What did you do? [00:35:48] Catherine Rust: I went, I drove down to the rental car place. Tara Lynn met me down there. She watched my kids in the car as I rented the excursion. I parked the, my truck that was in Matt's name in the Target parking lot, took anything out of it that I needed, took the car seats, put them in the excursion and locked the truck, drove away, took a picture. Then I drove over to the storage unit, put anything that I needed immediately. My kids' clothes, their blankets, their pillows, some stuffies, things that I wanted at that moment into the excursion. I, it was pretty full. And then I gave Tara Lynn the key to the lock that was on the storage unit, knowing that she was going to clean it out the rest of the way because I was not going to be in California. I was going to Utah. And I proceeded to drive to Utah. My father was also in the car with my sister. [00:37:06] Speaker 3: So you, at the time that you were cleaning out the storage unit and filling the excursion, were you coming back to California? [00:37:13] Catherine Rust: I had no intention of doing so, no. [00:37:16] Speaker 3: You talked about taking the car seats out of the truck, put them into the excursion. Did you leave anything in the truck? [00:37:24] Catherine Rust: Yes, I dropped an apple tag in the truck. [00:37:27] Speaker 3: Okay, if we could show the witness, Exhibit 26, please. Where did that apple air tag come from? [00:37:35] Catherine Rust: Tara Lynn gave it to me. [00:37:38] Speaker 3: Let me show you what's been marked as State's Exhibit 26. Do you recognize that communication? I do. Is that a conversation between you and Tara Lynn on the 20th of June? Yes, it is. Is it a move to admit State's Exhibit 26? Any objection? No, we are. Thank you, admitted. We published that for Israel. Thank you. If you could please read that first. Let's blow it up. Blow it a little more. Thanks. If you could read that first message, please. [00:38:02] Catherine Rust: I used the apple air tag that I had on Tabitha, so mom and Rachel already had links to it. This is a screenshot from Rachel. Whenever you want to put it, make sure that you either have alcohol or the gorilla tape or a good spot to slip it in the truck. I think in the truck may be better. Maybe in the seat or something in the back seat. That way he doesn't get, that way it doesn't get lost or fall off. [00:38:36] Speaker 3: Okay. How did you, so you got that message at 8.30 in the morning? Yes. Can you scroll to your response, please? How did you initially feel about putting an air tag in the car? [00:38:48] Catherine Rust: I don't think I want to leave the tag in the truck. It gives me a bad feeling. [00:38:53] Speaker 3: Do you remember why? [00:38:56] Catherine Rust: I didn't want Matt to find it, but my bad feeling was probably this whole trial. [00:39:06] Speaker 3: Ultimately, we can unpublish that, but ultimately did you decide to leave the air tag? [00:39:12] Catherine Rust: I did. [00:39:14] Speaker 3: Where did you put it? [00:39:17] Catherine Rust: In the middle of the driver and passenger seat, there is a bin that I would, it's a catch-all bin, like almost like a bonus center console. I dropped it in that bin. [00:39:31] Speaker 3: Okay. Can you show the witness states exhibit two, please? Is that an accurate representation of where you left the air tag? Yes, it is. State will move to exhibit, to admit exhibit two. [00:39:48] Speaker 1: Any objection? No, no. [00:39:49] Speaker 3: Thank you, so admitted. You can publish it to the jury, please. It appears pretty visible from here. Was there more stuff in that bin when you put it in there? [00:40:04] Catherine Rust: I believe so. [00:40:07] Speaker 3: And why did you put the air tag in the truck? [00:40:11] Catherine Rust: Because I was fearful of Matt. I wanted to know where he was, if he was going to follow me out to Utah, if he drove the truck. Okay. I wanted to see where he was going, if he was going to the bar, or I wanted to keep tabs on him. [00:40:31] Speaker 3: And that was the initial reason you left, is that correct? [00:40:36] Catherine Rust: Of his alcoholism? [00:40:37] Speaker 3: No, because you wanted to keep tabs on him, see if he followed you, see if he went to the bar. That was the initial reason you left the air tag, correct? Yes. Did ultimately you end up using it for something else? [00:40:47] Catherine Rust: Yes, we did. [00:40:49] Speaker 3: Who had access, we can unpublish this, who had access to monitoring the air tag on the 20th when you left? [00:40:58] Catherine Rust: Carolyn had it on her iPad, Rachel had it on her iPhone, my mom had it on her iPhone, and Kevin had it on his iPhone. [00:41:06] Speaker 3: I'm going to show you what's been marked as State's Exhibit 3, and see if you recognize that. You said 3. 3, please, yes. I'm going to blow that up, thank you. Do you recognize this? [00:41:22] Catherine Rust: I do. [00:41:23] Speaker 3: This appears to be a Facebook thread between you and some of your family members. Yes, it does. It appears to be an accurate representation of that thread. Yes, it does. The state would move to admit State's Exhibit 3. [00:41:34] Speaker 1: Any objection? No. Thank you, so admitted. [00:41:37] Speaker 3: We can publish the top of that first page. Okay. Blow that up just a little bit more. [00:41:50] Speaker ?: Sorry, one more. [00:41:50] Speaker 3: You need to blow that up just a little bit more. Thank you. Who is on this thread? [00:41:56] Catherine Rust: Myself, Rachel, Tara Lynn, and my mother. [00:42:00] Speaker 3: And what was the purpose of this thread? Do you remember? [00:42:06] Catherine Rust: I don't know the initial purpose. I think it was just to be able to give updates all in one. You see what it is? It was the night I left. I drove out to Utah on 620, and at 9 o'clock, I was still on the road. I was close to my mother's house, but I was still on the road. [00:42:35] Speaker 3: And this thread, is it fair to say in that first one, it was created that evening? [00:42:40] Catherine Rust: Yes. [00:42:41] Speaker 3: Okay. And did you use this thread to track Matt's movements and to discuss his movements? [00:42:48] Catherine Rust: That seems plausible, yes. [00:42:49] Speaker 3: Let's go ahead and go to page six. Scroll down. Okay. You're telling someone you're concerned in case he has the wild hair and comes out, and what's the response from Rachel? [00:43:10] Catherine Rust: At least we would be able to track the truck as long as the air tag stays in there. That does help. I didn't think about doing that. It was a smart move. [00:43:20] Speaker 3: So when you said it's plausible that you were using this thread to track his movements, is that what it appears you were doing with this particular thread? [00:43:26] Catherine Rust: Yes, it does. [00:43:31] Speaker 3: You said Kevin had access to it, right? [00:43:34] Catherine Rust: Yes. [00:43:35] Speaker 3: Do you know if Kevin monitored his, you can unpublish this and put up Exhibit 4 for the witness, please. Do you know if Kevin monitored Matt's location? [00:43:44] Catherine Rust: He did. [00:43:47] Speaker 3: Let me show you what's been previously marked as State's Exhibit 4. Do you recognize this? [00:43:52] Catherine Rust: Yes, I do. [00:43:54] Speaker 3: Does this appear to be a text thread between you and Kevin? [00:43:57] Speaker 1: Yes, it is. [00:43:59] Speaker 3: Let's go ahead and start on page one. I'm sorry, State would move to admit State's Exhibit 4. [00:44:04] Speaker 1: Any objection? Thank you, sir. [00:44:06] Speaker 3: Can we publish, please? What date is that first text between you and Kevin, at least on this thread? [00:44:20] Catherine Rust: 4-9-2024. [00:44:22] Speaker 3: Okay. And then if we could scroll to the next page, please. And the next one, the next thread between, the next exchange between you two was when? [00:44:34] Catherine Rust: June 20th, 2024. June 20th, 2024. [00:44:38] Speaker 3: So when you said earlier, you didn't talk much, you weren't kidding. You don't talk much. Correct. Can we please go to page 8 and 9? Okay. What date is on that top message on the right? [00:44:57] Catherine Rust: June 6th. June 26th, 2024. [00:45:01] Speaker 3: Okay. And what do you say? [00:45:03] Catherine Rust: What day are you coming back, wondering for Olaf? [00:45:06] Speaker 3: Okay. Hold on. Who's Olaf? Or what is Olaf? [00:45:11] Catherine Rust: Olaf is our code name that we gave to Matt. [00:45:14] Speaker 3: Why did you give him the name of Olaf? [00:45:17] Catherine Rust: It was Disney. I don't know if there was actually a reason behind it. I've heard... [00:45:25] Speaker 3: Just speak to your reasons. [00:45:28] Catherine Rust: I don't remember there being an actual reason. It was just a name that we could give Matt so that when I was talking about Matt to somebody, I would say Olaf and my children would not know who I was talking about. [00:45:41] Speaker 3: Okay. But your children weren't present while you were sending his text message, right? [00:45:46] Catherine Rust: Correct. [00:45:47] Speaker 3: Okay. Okay. What does he respond with? You asked him when he's coming back. Well, I was going to say this. Do you know where he was? [00:45:54] Catherine Rust: Where Kevin was? [00:45:55] Speaker 3: Yeah. [00:45:56] Catherine Rust: I believe he was in Wendover. [00:45:58] Speaker 3: Okay. And what does he tell you there? [00:46:01] Catherine Rust: Friday late. [00:46:02] Speaker 3: Okay. Can you scroll down, please? And your response? [00:46:06] Catherine Rust: Okay, cool. [00:46:08] Speaker 3: Okay, keep going. What's he tell you next? [00:46:11] Catherine Rust: The tag is still active. [00:46:13] Speaker 3: And to your knowledge, what is he referring to? [00:46:16] Catherine Rust: The Apple tag that was in the truck. [00:46:18] Speaker ?: Okay. [00:46:20] Speaker 3: And that's on the 26th of June still? [00:46:23] Catherine Rust: Yes, it is. [00:46:23] Speaker 3: Can you scroll down, please? And what do you ask? Really? Had you kind of stopped monitoring it at this point? [00:46:31] Catherine Rust: I did not have direct access to monitoring it. I had to ask Tara Lynn, Rachel, my mother, or Kevin to see it. I did not have direct access to it. [00:46:43] Speaker 3: You didn't have an iPad that had access to it? [00:46:45] Catherine Rust: No, I did not. [00:46:46] Speaker ?: Okay. [00:46:47] Speaker 3: Can you scroll down? What is his response to you being surprised that the tag is still active? [00:46:53] Catherine Rust: If I have to rush back, I can make that happen. [00:46:57] Speaker 3: Okay. Rush back for what? [00:47:01] Catherine Rust: To, in case Matt came out, at this point, there was no plan in place. This was for my peace of mind because I was very fearful of Matt. [00:47:16] Speaker 3: So, when you say no plan in place, no plan to do what? [00:47:19] Catherine Rust: No plan to murder Matt. [00:47:20] Speaker 3: Okay. That hadn't formulated yet. Is that fair? [00:47:22] Catherine Rust: No, I had not. [00:47:24] Speaker 3: But he expressed a willingness to come back and protect you? Yes. [00:47:29] Speaker ?: Okay. [00:47:37] Speaker 3: So, now we're at the 26th of June. You said the plan hadn't been formulated yet to kill Matt. Correct. When did that start to come together? [00:47:57] Catherine Rust: I believe about a week, week and a half before he actually came out. [00:48:03] Speaker 3: Okay. So, if he came out on, what day did he come out? [00:48:06] Catherine Rust: He came out July 12th. [00:48:08] Speaker 3: Okay. So, you're saying a week to a week and a half before that? [00:48:11] Catherine Rust: In the beginning of July. [00:48:13] Speaker 3: So, early July. [00:48:14] Catherine Rust: Yes. [00:48:15] Speaker 3: And how did that plan begin to come about? [00:48:20] Catherine Rust: It was a conversation between me and my mother. We were trying to figure out how I could get out of this marriage. I was fearful that I was going to lose my children. [00:48:31] Speaker ?: Okay. [00:48:32] Speaker 3: And you said the plan started to form. What if anything did she say to you? [00:48:38] Catherine Rust: She said we could have him come out and we could shoot him and act like it was self-defense. [00:48:45] Speaker 3: Do you remember where you were when you had this conversation? [00:48:47] Catherine Rust: I believe we were out on the lawn. We had had the conversation multiple times. But more often than not, we were out on the back lawn of her townhome. [00:48:58] Speaker 3: We'll come back to that here in a minute. So, that's the week to week and a half before that comes out, right? [00:49:03] Catherine Rust: Yes. [00:49:05] Speaker 3: Did you ever talk to Kevin about that? [00:49:09] Catherine Rust: Briefly, yes. [00:49:10] Speaker 3: Okay. When did you talk to Kevin about that? [00:49:14] Catherine Rust: I believe it was a couple days beforehand, if not the day of. [00:49:18] Speaker 3: So, when you say a couple days beforehand, you mean a couple days before the 12th? Yes. Or the day of, you're not sure? Yes. Okay. We'll come back to that here in a minute. Was having Matt come out, well, let me back up. What did she tell you would happen when Matt came out? [00:49:38] Catherine Rust: That she or Kevin would hurt and or kill Matt. [00:49:45] Speaker 3: Was that the only plan that you and your mom were talking about to separate from Matt? [00:49:51] Catherine Rust: I had had a conversation with an attorney trying to figure out my options. And I realized that my options were very limited. [00:49:59] Speaker 3: Okay. Let's talk a little bit about that. Do you remember what day you had, you talked to that attorney? [00:50:07] Catherine Rust: July 11th. [00:50:09] Speaker 3: So, the day before. [00:50:11] Catherine Rust: I believe July 11th. I may be mistaken. Okay. [00:50:15] Speaker 3: The day before. Yes. Matt came out. Is that right? Yes. So, you'd already had conversations about having Matt come out and hurting him prior to talking to the attorney? Yes. Okay. Did you record that call? I did. With the attorney? What did you do with it once you recorded it? [00:50:38] Catherine Rust: I sent it to my mother. [00:50:40] Speaker ?: Okay. [00:50:41] Speaker 3: Have you had an opportunity to listen to that call since then? [00:50:45] Catherine Rust: No, I have not. [00:50:46] Speaker 3: At least part of that call? [00:50:48] Catherine Rust: I believe here in court. [00:50:50] Speaker 3: Okay. State would move at this time to admit State's Exhibit 5. [00:50:55] Speaker 1: Any objection? So admitted, thank you. [00:50:58] Speaker 3: State would move to publish the first four minutes of that phone call. [00:51:03] Speaker 1: Any objection to that? No. All right. Thank you. [00:51:06] Speaker ?: Thank you. [00:51:06] Speaker 1: Thank you. [00:51:06] Speaker ?: Thank you. Thank you. *music* [00:51:34] Speaker 3: Are you on hold here? [00:51:35] Catherine Rust: I am. I'm waiting to speak with them. *music* [00:52:06] Speaker 6: *music* [00:52:24] Speaker 3: It sounds like there's another voice besides yours. Who are you talking to? [00:52:29] Catherine Rust: That is Kevin's voice. [00:52:31] Speaker 3: Where were you taking this call? [00:52:33] Catherine Rust: I believe I was upstairs in the primary bedroom and Kevin's room is very close and I don't recall what we were talking about but that is Kevin's voice. Okay, thank you. Go ahead and continue. [00:52:45] Speaker 6: So which Kevin is about coming? Come here. I think. I don't know where Chip is. I have no idea. I just ran downstairs and... I think that's a little more. I'm good. How are you? [00:52:57] Speaker ?: I'm very well. Thank you. [00:52:58] Speaker 5: Alright, so has anything been filed as of yet? [00:53:02] Speaker 6: No, I have a loss. [00:53:05] Speaker 5: You're at a loss of how to move forward? [00:53:08] Speaker 6: Yes. Okay. [00:53:10] Speaker 5: Did you move out or did he move out? [00:53:15] Catherine Rust: I am technically not moved out, I am on vacation. [00:53:18] Speaker 5: Does he know it? [00:53:20] Speaker 1: Does he know I'm on vacation? Yes. I'm getting feedback. So am I. It wasn't this bad last time. I think last time you actually had to end up playing it on the computer. You used an external speaker last time. Let's try it one more time. Let's back it up. Face, try a different setting. [00:53:38] Speaker 6: Yeah, I think it was worth using a bit. He learned from his dad. Huh? He learned from his dad. What's that was the fucking one? Come here. I think. I don't know where Chip is. I have no idea. I just ran downstairs and... I got a little rant. How are you? I'm good. How are you? [00:54:02] Speaker 5: I'm very well. Thank you. Alright, so has anything been filed as of yet? [00:54:07] Speaker 4: No, I'm at a loss. [00:54:11] Speaker 5: You're at a loss is how to move forward? [00:54:14] Speaker 4: Yes. [00:54:15] Speaker 5: Okay. Did you move out or did he move out? [00:54:20] Speaker 4: I am technically not moved out. I'm on vacation. [00:54:24] Speaker 5: Does he know it? [00:54:26] Speaker 4: Does he know I'm on vacation? Yes. [00:54:28] Speaker 5: No, does he know that you're leaving? [00:54:30] Speaker 4: No, and that's because I'm so scared. [00:54:34] Speaker 5: All right. All right. So let's start off. Has there been domestic violence? [00:54:39] Speaker 4: It's... It's... It's... It's a lot of verbal abuse. Um... He hits the kids. And so I... [00:54:50] Speaker ?: Are we talking about spanking? [00:54:53] Speaker 4: Um... Just aggressively... Aggressively grabbing the kids. [00:54:59] Speaker ?: I don't... [00:55:00] Speaker 4: I don't... [00:55:02] Speaker ?: I don't... [00:55:03] Speaker 4: I don't know. Okay. [00:55:05] Speaker 5: Do you have financial help to get out? So... I'm at my mother's house in Utah. And I don't want to go home. In Utah? [00:55:14] Catherine Rust: Yeah. Yeah. And also, if you left Utah and he wasn't happy about it, he could file something and yank you back really quick. Or at least yank the kids back. [00:55:19] Speaker 5: And where the kids go, you will go. [00:55:21] Catherine Rust: So... [00:55:22] Speaker 5: Going to Utah is... Unless he gives you permission. Like, for example, he says, "Okay, Leah, let's take a time out. You can go to Utah." Yeah. Yeah. And also, if you left Utah and he wasn't happy about it, he could file something and yank you back really quick. Or at least yank the kids back. And where the kids go, you will go. [00:55:38] Speaker ?: So... [00:55:40] Speaker 5: Going to Utah is... Unless he gives you permission. Like, for example, he says, "Okay, Leah, let's take a time out. You can go to Utah for a while with the kids." And he gives that to you in text. So you've got proof. Shit, you can go to Utah and never come back. As long as you get them established up there, get your six-year-old started in school and [00:56:06] Speaker ?: get your life established there before he files anything or starts to think about doing [00:56:13] Speaker 5: anything, then he has a much harder time of getting you to come back. That's assuming you want to be in Utah. [00:56:21] Catherine Rust: No, I do want to be in Utah. In Utah, it takes three months to establish residency as an adult and then six months for [00:56:28] Speaker 6: a child. Okay. Okay. It's... [00:56:32] Speaker 5: It's on you. [00:56:33] Speaker ?: Okay. [00:56:34] Speaker 3: I want to talk about a couple of things we discussed with the attorney. First, you told him at the outset that he hits the kids. Yes. Is that right? Yes. But then you clarified. What did he actually do to the kids? [00:56:48] Catherine Rust: He grabs them aggressively. Like how? Just pulls them out of a chair too hard. Like by the arm? Yes. Okay. But doesn't hit them. No, it doesn't hit them. Spanx them, but doesn't hit them. Sure. [00:57:00] Speaker 3: And you clarified that he doesn't hit you. Correct. But a lot of emotional abuse. Yes. How did you feel after that call about your options of divorce? [00:57:16] Catherine Rust: I felt like they were very, very minimal. [00:57:19] Speaker 3: I'm going to show you what's been previously marked. Just the witness at States Exhibit 6, please. Is that on your screen? Yes. [00:57:31] Speaker ?: Do you recognize that conversation? Yes, I do. [00:57:33] Speaker 3: Is it going to be an accurate representation of your conversation with Chris Walnick? [00:57:45] Catherine Rust: I'm sorry, say that again? [00:57:46] Speaker 3: Is it going to be an accurate representation of your communication with Chris Walnick? Yes. Is it going to admit States Exhibit 6? [00:57:53] Speaker 1: Any objection? No. [00:57:55] Speaker 3: So admitted, thank you. Who is Chris? We can publish it, please. Who is Chris Walnick? [00:57:59] Catherine Rust: He was one of my really good friends I've known for about a decade. [00:58:07] Speaker 3: Okay. On the 8th of July, what does he say to you? [00:58:12] Catherine Rust: He said, "Three more days till you meet with a lawyer. How are you holding up?" [00:58:16] Speaker 3: So is it fair to say he was aware you would be meeting with a lawyer on the 11th? [00:58:19] Catherine Rust: Yes. [00:58:20] Speaker 3: Okay. Let's go to page four, please. Let's go to one more page. So three. Okay. [00:58:25] Speaker ?: What does he say to you on the 11th? [00:58:26] Speaker 3: He asked how my... He said, "How did your attorney meeting go?" Okay. [00:58:29] Speaker ?: Let's go down to the next. [00:58:30] Speaker 3: What was your response? Honestly, I'm fucked. So you didn't feel like you had a good chance to divorce and keep the kids with you in Utah, did you? [00:58:33] Speaker ?: No, I did not. [00:58:33] Catherine Rust: Did you discuss this with your mother? Yes, I did. [00:58:35] Speaker 3: attorney meeting go okay let's go down to the next what was your response honestly i'm fucked so you didn't feel like you had a good chance to divorce and keep the kids with you in utah did you no i did not you discussed this with your mother yes i did we can unpublish that [00:59:01] Catherine Rust: did you send that recording to anybody else um i believe i tried to send it to terilyn i don't recall if it actually went through to her but i do i do remember wanting to send it to her [00:59:16] Speaker 3: did anybody help prepare you for that phone call i don't recall okay you didn't talk did you remember if you talked to anybody in advance of [00:59:25] Catherine Rust: what you should tell the lawyer i probably said things in passing with my mother [00:59:31] Speaker 3: okay so to be clear this is the evening of the 11th you find out that in your words i'm fucked right yes earlier that day had you been having communication with matt i believe so yes and what was the content of that communication that he wanted me to come home okay and what did you say i agree we could show state's exhibit i'm going to introduce these in a batch if that's all right mr basemeyer if we could show her exhibit seven through ten please we'll take them one at a time this is what's been marked as state's exhibit seven this appeared to be a conversation between you and matt on the 11th yes it does the state would move to admit state's exhibit seven [01:00:22] Speaker 1: any objection thank you so if we could show her eight please [01:00:30] Speaker 3: this appeared to be a continuation of that conversation on uh if you scroll down please [01:00:36] Speaker 1: with matt on the 12th yes it would move to admit state's exhibit eight any objection thank you so [01:00:46] Speaker 3: the number nine please this appeared to be a conversation community a continuation of that communication with matt the evening of the 12th yes it does it would move to admit states exhibit nine any objection thank you so admitted okay we're gonna go through these if we can you said you testified earlier that you and your mom discussed having matt drive out and that he would be either harmed or killed yes earlier testimony yes it is okay i could show you it is okay we can publish that for the jury please okay scroll down to the 11th please okay um what is that text message what time is that text message sent [01:02:16] Catherine Rust: on the july 11th at 8 0 7 a.m and who are you talking to in this text message [01:02:23] Speaker 3: it's a text message to my mom okay and at 8 0 7 a.m what do you say to your mom [01:02:28] Catherine Rust: said matt doesn't want to drive out is it fair to what is that in reference to matt not wanting to drive out to utah had you been talking about it with matt um we had talked about um we had talked about me coming home okay and was one of the options for him to come get you did you present that to him i did present that to him um he wasn't keen on the [01:03:18] Speaker 3: idea did you present that option to him prior to this message on the 11th yes and after your conversation with your mom about what would happen if he came out i'm not sure i understand your question you had the conversation a week to week and a half before he came out yes about what would happen if he came out yes and on the 11th you're telling your mother he doesn't want to drive out correct so is it fair to say you were trying to get matt to drive out to utah yes i was do you know why he was resistant to that [01:03:56] Catherine Rust: i believe it was because the truck wasn't running as well as it could have that was also part of the reason why i didn't drive the truck out to utah back on the 20th yes okay go to the next message please okay what do you say next to your mom he's depositing money for me to rent a car okay scroll down please what does she say to you nope what did that mean to you that i would not be renting a car okay scroll okay scroll down please [01:04:43] Speaker 3: you read that message well we will just stay with you spraining your ankle she says stay with you had you [01:04:47] Catherine Rust: talked about spraining your ankle prior to this not literally spraining my ankle but acting like i had sprained my ankle my right ankle to be exact that i could not drive the vehicle with a sprained ankle [01:04:57] Speaker 3: and you and your mom had talked about that before this text exchange yes okay scroll down please [01:05:05] Catherine Rust: next give you that next one please and just keep putting him off and this is all the morning of the [01:05:11] Speaker 3: 11th correct yes it is and you had the conversation with the attorney on the evening of the 11th [01:05:17] Catherine Rust: i don't recall what time i had the conversation with the attorney okay fair enough next one please [01:05:26] Speaker 3: she says what it's fine let's go down to the next and what do you say in response to that [01:05:32] Catherine Rust: yep if you deposit money then i can use it to pay for the lawyer and scroll down what does that say he i corrected myself so what did you mean to say in the text above that he would be depositing money then i would use it to pay for the lawyer because the lawyer was charging for the consult okay let's go down please and what's your mom say in response to that [01:05:57] Speaker 3: yes sir go to the next page [01:06:04] Catherine Rust: what does your mom say there it would be 550 for the rental 550 deposit and 300 gas what time does she send that to you on the 11th at 9 25 in the morning and what's your response to your mom i'll tell him is that what you did yeah i believe i copy pasted that message right into [01:06:26] Speaker 3: a message to him we could publish states seven page one is that what you're talking about right there is that the copy and paste that's exactly what it what it is okay what time did you send that to matt [01:06:41] Catherine Rust: at 10 03 in the morning so after your mom has sent it to you yes [01:06:49] Speaker 3: okay let's go back to exhibit 10 please page five okay continuing this conversation with your mom what did what do you say to her i said yes he wants me [01:07:04] Catherine Rust: to leave tomorrow scroll down i have to make arrangements for the car today arrangements being in quotes why did you put it in quotes because i wasn't really going to make arrangements let's go down [01:07:18] Speaker 3: please what's your mom say in response to that can't drive with that ankle okay again this is the fictitious ankle that you're going to pretend spring yes making it so you couldn't drive to utah or take to start to california correct continue on please [01:07:38] Catherine Rust: what's your response exactly continue ouch it hurts so bad next one and your mom says what i'll find some crutches i know we can wrap it and make it look swollen under the wrap okay i'm gonna read that next one i need to shower and leave in two minutes and this is from your mom to you correct that one was that one was from my mom to me yes okay and your response on the next one d i have them i has them i don't know what i was could that be in reference to the crutches di oh di has them yeah yep that's exactly what that is okay control that uh keep going [01:08:28] Speaker 3: uh go to the next one please okay now let's pause there if you could please so while is it while you're having this conversation with your mom are you continuing to talk to matt i am okay if we could show states um seven page two please publish that okay who's this message from this is from matt to me what does he tell you [01:09:02] Catherine Rust: tomorrow enterprise 385 main street american fork toyota corolla 200 deposit 182.33 rental is reserved pay in person with debit card at 8 a.m all paperwork must be caked okay and what time do you send that to you he sent that to me at 10 59 a.m on the 11th [01:09:27] Speaker 3: what did you do as soon as you received that message i copy pasted it to my mother let me show please publish states 10 page 8. is that the message that you copy and pasted it it is you guys continue to in this text thread continue to talk about um the spreading dangle and not going back i believe so if we could please so then what do you what do you do with this information [01:10:12] Catherine Rust: i that matt had given you about the enterprise nothing really um i understood that having a an out-of-state driver's license i could not rent a car with a debit card it needed to be a major credit card [01:10:29] Speaker 3: okay um let's go to page 12 please of the of exhibit 10 and what does your mom say to you about that concept wait until tomorrow to tell him what's your response [01:10:45] Catherine Rust: duh okay [01:10:49] Speaker 3: and what's her next comment that she makes [01:10:55] Catherine Rust: don't let him tell the kids don't let him tell the kids he will see them soon [01:10:59] Speaker 3: and your response [01:11:02] Catherine Rust: lmfao what is that an acronym for laughing my fucking ass off [01:11:11] Speaker 3: we could please show published exhibit eight did you tell matt on the on the 11th that you weren't [01:11:17] Catherine Rust: gonna be able to rent their car i did not tell him on the 11th that i could not rent the car i told him on the 12th that i was not able to rent the car right uh you kept this idea going through the next [01:11:31] Speaker 3: morning correct yes i did okay on the on state eight can you please uh scroll up okay is that your on the right is that your last message to him on the 11th [01:11:47] Catherine Rust: it seems to be yes okay what time is that 10 16 p.m on the 11th of july yes okay and scroll down [01:11:56] Speaker 3: this appeared to be your first message to him the morning of the 12th yes and what do you say to him [01:12:01] Catherine Rust: good morning getting up and getting moving excited for today and what's his response i am over the moon can't wait to hug and kiss you all okay you're continuing this idea is it fair to say that you're [01:12:14] Speaker 3: continuing this idea that you're going home today yes and that you're going to rent the car and you'll be driving home yes we can go back to publish exhibit 10 please page 20. this is back to your conversation with your mom yes scroll down to the next one please okay so about the same time that that matt and you were texting uh who what time is this text message between you and [01:12:53] Catherine Rust: your mom 7 54 in the morning on the 12th and what does she say to you darn that rental place not darn that rental place for not taking a debit card okay and the next one that your response to her [01:13:07] Speaker 3: i have to be more upset and if we go to the page bottom page 21 actually sorry go to the next two messages please okay skip this one but then read that second one it might help your story if you say [01:13:23] Catherine Rust: you were there and they said no okay do you do that yes i drove over to the rental car place and i walked in and i said can i rent a car with a debit card and an out of state license out of state driver's license the lady told me no and i said okay and i walked out did you tell you already had a reservation [01:13:46] Speaker 3: no i did not so you go let me let me ask you did you have you heard have you previously heard an audio from the morning of the 12th of you at the home asking someone to watch your children yes i recall that at this time the state would ask to admit state's exhibit 11. any objection thank you so admitted they would move to publish states 11. [01:14:35] Speaker ?: all right all right sorry um sorry um i can do all things for five minutes because i'm going to be a [01:15:03] Speaker 7: part of our place to make my story possible that i need to go over there and they need to turn me away and say no we cannot do this part because your daughter's license is out of state thank you [01:15:19] Speaker 3: stop it there who are you talking to i'm sorry kevin yeah and are you and did you ask them to watch your children while you went to the rental car agency yes i'm going to show you what's been previously marked as a state's exhibit 12 okay you recognize that yes i do it appear to be your call log from the 13th and and before yes it does okay so we would admit uh state's exhibit uh 12. - Any objections? - No, Your Honor, thank you.