Thursday, June 7, 2007 – At 1:46 p.m.
(Court, counsel, parties present)
THE COURT: People versus James Edward Henderson, Jr., 073772FY, and Matthew Patrick Mercier, 073773FY, continuation of the preliminary examination and the forfeiture hearing. Jennifer Lamp is here from the prosecuting attorney’s office and Mr. Hurst and Mr. Dungan are here representing the two gentlemen defendants who the court notices are here as well.
Anything preliminary before we resume again, Miss Lamp?
MS. LAMP: Not at this time, Your Honor, thank you.
THE COURT: Mr. Hurst?
MR. HURST: Would it be my understanding that the order for sequestration would remain in effect?
THE COURT: Yes. And all of you keep an eye on that because I don’t know who they are, so keep an eye on those. Mr. Dungan, anything we have preliminary?
MR. DUNGAN: Nothing preliminary, Your Honor, thank you.
THE COURT: Okay. Miss Lamp?
MS. LAMP: Your Honor, the People call MaryBeth Knott to the stand.
THE COURT: Stop and raise your right hand please. Do you solemnly swear or affirm the testimony you will give in this matter will be the truth, so help you God?
MS. KNOTT: I do.
THE COURT: Come on around this way. Watch your step coming up. That chair is on rollers, so be careful. Okay. The microphone isn’t going to make you any louder, so you’re going to have to make sure you speak up loudly and distinctly for us. Okay?
THE WITNESS: Yes, Your Honor.
THE COURT: State your full name.
THE WITNESS: MaryBeth Knott.
THE COURT: MaryBeth two words?
THE WITNESS: One word.
THE COURT: Small B or big B?
THE WITNESS: Large B.
THE COURT: Spell your last name.
THE WITNESS: K-n-o-t-t.
THE COURT: Pronounced Knott?
THE WITNESS: Knott.
THE COURT: Miss Lamp?
MS. LAMP: Thank you, Your Honor.
MARYBETH
KNOTT
Called at 1:49 a.m. by the People, sworn by the court, testified:
DIRECT EXAMINATION
By MS. LAMP:
Q.
Ms. Knott, are you familiar with the horse farm located at
A. Yes.
Q. And how is it that you’re familiar with that road, or that farm on that road?
A.
Well, I drive past it every day and I stopped there when I first moved to
Q. At the farm?
A. Yes, at the farm.
Q. And why did you stop at the farm?
A. I saw that there was someone there. They had horses, I work as a farrier.
Q. You work as a farrier?
A. Yes, I do.
Q. Okay. And what happened when you did?
A. I drove up in the driveway and a gentleman met me. I walked all the way back, I saw, to a tree on the left, a large tree, and someone met me there on a horse, a young man on a horse.
Q. And what happened?
A. We just talked. I had offered my services and was trying to pick up business in, you know, my new area.
Q. Okay. Did you feel that you were welcome there at the farm pulling in to talk to him?
A. He was nice. I wouldn’t say I wasn’t unwelcome, but, you know, I didn’t go any further.
Q. Was there a reason that you didn’t go any further?
A. I felt that I wasn’t, you know, welcome to go any further, just had the conversation with him.
Q. Okay.
THE COURT: You mean physically further or discussion further?
MS. LAMP: Physically.
THE COURT: Oh.
MS. LAMP: Physically further, Your Honor.
BY MS. LAMP:
Q. The person that you had the conversation with, is he here in the courtroom today?
A. Yes.
Q. If you recognize--
A. Yes.
Q. –-anybody who you talked to. Okay. Could you point to that person and identify them?
A. The man over there.
Q. From—-
THE COURT: The man over there, there’s a number of men over there.
THE WITNESS: I’m sorry.
THE COURT: How about the tie? They’ve all got white shirts on so that doesn’t help.
THE WITNESS: The one all the way to the left sitting in front of the lady with the white top.
THE COURT: To the right, far right?
THE WITNESS: Yes, Your Honor.
THE COURT: Okay. The record will reflect that Miss Knott’s identified the defendant Mr. Mercier.
MS. LAMP: Thank you, Your Honor.
BY MS. LAMP:
Q. And did you have occasion recently to inquire of that farm of some services? Potential services.
A. Yes.
Q. Potential breeding services.
A. Yes.
Q. Okay. And approximately when was that?
A. I’m not sure. It could have been the end of February, early March.
Q. Okay.
A. I don’t, I don’t know the date.
Q. Okay. And describe how you came to call or be in contact with the people at the farm.
A. There’s a web site where they advertise their stallion quarter horses.
Q. And do you know what the web site is?
A. Not off the top of my head. A friend had led me to the web site.
Q. Okay. And do you remember what the name of it is?
A. I deal with so many different farms I can’t recall the name.
Q. Sure. And so you had gone to the web site.
A. Yes.
Q. And what happened?
A. I found the number to make the phone call.
Q. Okay.
A. And so to inquire about a breeding contract for my mare.
Q. Okay. And you had hoped to breed your mare with?
A. With a stallion that was on the web site.
Q. Okay. And do I understand that we’re talking about the same farm that Mr. Mercier was at?
A. Yes. I don’t know if it’s the same farm on the web site, I just know that that was, you know, the horses. So..
Q. Okay, all right. And did you call or make contact with the people?
A. I called the, I can’t think of his name, James?
Q. Does James Henderson sound like the correct name?
A. Yes, yes, it is.
Q. All right. And do you have any doubt about that?
A. No.
Q. Okay, all right. And how do you know you were talking to a person by the name of James Henderson?
A. I asked for him at that time.
Q. And what happened on the other end of the line?
A. He told me I was speaking to him.
Q. Okay. And what happened during the course of the conversation?
A. I had inquired about the stallion breeding and he said they were at that time not available.
Q. Okay. And did that conclude your attempt to get breeding service through their farm?
A. Yes.
Q. Okay. Have you had any other contact with either James Henderson or Matthew Mercier?
A. I spoke with Matt also because James told me to contact Matt.
MS. LAMP: Are we on twenty-nine? I think that’s where we’re at.
(At 1:53 a.m. proposed PX 29 marked)
THE COURT: While they’re doing that, Miss Lamp. You mentioned that you’re a furrier?
THE WITNESS: Farrier, Your Honor.
THE COURT: How do you spell that?
THE WITNESS: F-a-r-r-i-e-r.
THE COURT: What is that?
THE WITNESS: That is a person who trims or shoes horses, puts the shoes on the feet, or trims them so that they’re (indiscernible).
THE COURT: Thank you.
BY MS. LAMP:
Q. I’m going to show you what’s been marked as People’s proposed exhibit twenty-nine, and see if that is something that looks familiar to you, or not.
A. I did not look at the, the breeding contract.
Q. Okay.
A. At all.
Q. So you just didn’t get that far.
A. No, it didn’t go that far.
Q. Okay, all right, thank you.
THE COURT: You’re saying you’re not familiar with that? Two sheets of paper?
THE WITNESS: No, I’ve never seen those two sheets of paper, Your Honor.
MS. LAMP: Nothing further, Your Honor. Thank you.
THE COURT: Miss Knott, these gentlemen may have some questions for you.
Mr. Dungan first again today?
MR. DUNGAN: No questions, thank you.
THE COURT: Mr. Hurst?
MR. HURST: None, Your Honor.
THE COURT: Just so I’m clear, Miss Knott. The person that you had contact with the time that you went in, on to the property was Mr. Mercier, the person on the far right back there?
THE WITNESS: Yes, Your Honor.
THE
COURT: Okay. Why do you go by there every day? Why do you go by that property?
THE WITNESS: I work in
THE COURT: All right, okay. All right, thank you very much. You may step down. Watch your step when you go down.
THE WITNESS: Thank you, Your Honor.
THE COURT: May she be excused?
MS. LAMP: Yes please.
THE COURT: You’re excused, Miss Knott. Thank you.
(At 1:56 p.m. witness excused)