RICkY LEE SILVIS (Brown's cellmate) | ||
| Vol - - (#20) pp. 113 - 128 | Friday, May 24, 1991 | Jenny Cataldo |
| Previous | INDEX | Next |
|
w20_rls.html
Testimony of Ricky Lee Silvis on May 24, 1991 concerning the matters of Michael Brown. Other relevant testimony includes that of his brother, Robert Silvis, (next) and inmate Daryl Kring, on May 28. |
.
. .
. . .
RICKY LEE SILVIS, called as a witness, was sworn and examined, testified as follows:
DIRECT EXAMINATION
BY MR. SMITH:
Q. Please state your name and address for the record.
A. Ricky Lee Silvis, 407 Market Street.
Q. Mr. Silvis, you're currently incarcerated in Warren County Jail?
A. Yes.
Q. How long have you been there?
A, Ten months.
Q. What is your current charge? What are you in there for?
A. Aggravated assault.
Q. Have you had a prior record prior to that?
A. Yes.
Q. What does your prior record consist of prior to that?
A. DUI, receiving stolen property, theft by unlawful taking, unauthorized use of motor vehicle.
Q. You realize you're under oath right now?
A. Yes.
Q. You realize if you tell a lie, you can be subject to the charge of perjury?
A. Yes.
Q. Do you realize a charge of perjury could carry a five-year jail sentence, $10,000 fine?
A. Yes.
Q. Are you here to tell the truth today?
A. Yes.
Q. Not going to lie?
A. No.
Q. Know Jay Buckley?
A. Yes.
Q. How do you know him?
A. From seeing him in the Warren County Jail.
Q. Personal friends of him?
A. No.
Q. Related to him in any way?
A. No.
Q. Related to any of his relatives?
A. No.
Q. Know Michael Brown?
A. Yes.
Q. How do you know Michael Brown?
A. Being incarcerated with him, same block.
Q. Same cell block as Michael Brown?
A. Yes.
Q. How long in the same cell block?
A. Ten months.
Q. Ever met me before?
A, Yes.
Q. How many times have you met me?
A. Once.
Q. Approximately how long ago?
A. About two weeks ago, week and a half, two weeks ago.
Q. Have I made any threats or promises to you in any way shape or form for your testimony here today?
A. No.
Q. Have you gotten any threats or promises from any
other source - -
A. No.
Q. -- as a result of your testimony here today?
A. No.
Q. Has Michael Brown -- let me ask you this first. How long have you been in the same cell block with Michael Brown?
A. Ten months.
Q. Have you had any conversations with Michael Brown while you have been in jail concerning the Kathy Wilson murder case?
A. Yes.
Q. What has he told you?
A. That be had nothing to do with it.
Q. When did he tell you that?
A. That was around the time that I first met Mike, which was ten months ago.
Q. Has he told you recently that he had nothing to do with it?
A. He has told me all along thoughout that ten months he had nothing to do with it.
Q. In your cell block, how many prisoners in a cell block?
A. Eighteen.
Q. Who is Michael´s closest friends?
A. I have -- it would have to be his cellee, which is Brian Daley.
Q. Do you consider yourself a close friend of him, too?
A. Yes.
Q. Do you have any --
(off-the-record discussion.)
Q. Are you mad at Michael Brown for any reason?
A. No. I got no reason to be.
Q. Any reason to come here to court today and say something bad about him? Did he do anything bad to you?
A. Nothing.
Q. Through that entire ten-month period, he has been telling you that he has nothing to do with the Kathy Wilson murder case?
A. Yes.
Q. Has he told you why he is testifying against Jay Buckley?
A. No.
Q. You have no idea?
A. Not exactly.
Q. Didn't you ever ask him if you didn't have anything to do with it, why are you testifying against Mr. Buckley?
A. Recently, all he said is he wants to come over
here do what is he is told and get it over with.
Q. You say do what he is told. Did he indicate what he was told to do?
A. Just testify for the Commonwealth.
Q. With regard to the testimony for the Commonwealth, do you have any knowledge as to whether he has ever been prepared?
A. He was saying something one time about a -- or a questionnaire.
Q. A questionnaire? What did he say about the questionnaire?
A. That to the best of my knowledge, I think it was the D.A., he said the D.A. was typing him up like a piece of paper, it was like -- it was a questionnaire. It had what the D.A. wanted him to say, what questions were going to be asked and what his answer would be, and he was supposed to memorize this stuff.
Q. Did he tell you when he was supposed to memorize that? When did he tell you that, if you recall?
A. It has been a couple months now.
Q. Did you ever see that document?
A. What I thought one time was, it when he was sitting in his cell. There was three or four of us in his cell, and he had papers with him, and that's when he first brought it up, okay, that he was talking about, he said, well,
I really don't know much about this case, that the D.A. asked me to memorize this stuff, this is what I am supposed to say in court.
Q. Did he indicate to you he didn't know the answers to the questions until he read them?
A. Most of them he didn't know nothing about.
Q. Did he indicate to you where he found the information to learn the answers to the questions?
A. I think it's when he used to leave the cell or jail and come over here like sometimes after suppertime. Okay, they have like some kind of meeting over here, but that was quite a while ago.
Q. When you say they, who was he referring to; if you know?
A. I don't even know. He said it was on the third floor, that his parents was present, you know.
Q. Third floor of this courthouse?
A. Yes.
O. Did he ever mention reward money to you?
A. Yes.
Q. When did he mention reward money?
A. He says first, when he first started out, when he was doing it, he turned Jay in for the reward money.
Q. He told you that?
A. Yeah, but lately he says he doesn't want the
reward money. He says now that he didn't do it. Like over at the jail, you heard like ten or 11 different stories from the guy, you know. You don't know which one to believe. But I don't expect the guy to tell me the truth if he did do it or he didn't do it.
Q. But he did tell you he was doing it for the reward money, at least initially?
A. That was a while ago.
Q. Did he indicate to you what sentence he expected to receive for himself?
A. He says the most he could get was seven to 14 years.
Q. Did he indicate to you what he expected to get?
A. Or -- I can't remember exactly who it was told him, but they said two to four, two and a half to five, but max he could get was seven to 14.
Q. Did he ever indicate to you he expected to get out of jail after this trial was over?
A. If he had two years in, yes.
Q. With time served?
A. Yeah.
Q. Anything else at all you know about this case that he has told you that you can relay?
A. A letter that was mailed to his mother's address, I think. I think that's where it was. His mother dropped it
off on a Sunday.
Q. Well, you saw the letter?
A. No, I was laying in my bed when be read it to my cellee, because he came in my cell and read it as soon as he got it.
Q. Who was the letter from?
A. You.
Q. Who was it to?
A. I think it was to Mrs. Brown.
Q. Do you know what the contents of the letter said?
A. No, not exactly. All I remember is Mike saying even Barry knows I bad nothing to do with it. That's the extent of what I heard.
Q. Do you know approximately how long ago that was?
A. I'd say three weeks to a month. It was on a Sunday when he read it, because his mother brought it down to him.
Q. Anything else you know that might be helpful in this case?
A. No.
MR. SMITH: No further questions, Your Honor.
CROSS EXAMINATION
BY MR. MASSA:
Q. Mr. Silvis, how long have you been in the Warren County Jail?
A. Ten months.
Q. Been in the same cell block the whole ten months?
A. I was on trustee for a very short period because I couldn't deal with the people they had in the same block I was in.
Q. Pardon?
A. I was on trustee for a short period of time.
Q. Why are you removed from trustee's status?
A. I requested to be removed.
Q. How many times have you been changed from cell block to cell block?
A. I went to third floor -- I started out on second floor, went to-third floor and back to second floor.
Q. In the ten-month period, did you spend the entire ten months in the same cell block as Brown?
A. I can't say exactly the whole ten months, all but a month, you know, in between upstairs and back down.
Q. How old are you?
A. Twenty-two.
Q. Have you been convicted for aggravated assault and battery?
A. It was a plea bargain to simple assault, but my original charge was aggravated assault.
Q. Driving under the influence?
A. Driving under the influence.
Q. Receiving stolen property?
A. Yes.
Q. Theft by unlawful taking?
A. Yes.
Q. Unauthorized use of a motor vehicle?
A. Yes.
Q. Anything else?
A. There is, but I can't remember exactly what all it is.
Q. That might not be the whole list?
A. It's not the whole list.
Q. And you have spent a lot of time in jail?
A. Yes.
Q. Cons rap with each other?
A. Yes.
Q. B.S.?
A. Yeah.
Q. This statement of yours, he made a lot of -- told a lot of different stories, is that correct? Brown did?
A. Oh, yes.
Q. Didn't expect him to tell you the truth?
A. Never did from the day I met him.
Q. Have you ever lied in jail?
A. Excuse me?
Q. Ever lied in jail? Ever lied to your cell mates?
A. Oh, yes.
Q. You have?
A. Yes.
Q. Pretty common game in the cell block, isn't it, to jerk each other around and so forth?
A. Yes.
Q. Let's start with this questionnaire. Was it written?
A. It was typed.
Q. Typed?
A. Yes.
Q. Did you read it?
A. Okay, no.
Q. Yes or no, did you read the questionnaire?
A. No.
Q. How many questions were on the question? (sic)
A. I don't know.
Q. How many pages?
A. I don't know.
Q. Who prepared it?
A. It wasn't that big.
Q. Who prepared it?
A. He said you did.
Q. Did you ever see this piece of paper or document that you are referring to?
A. What he had in his hand -- he had it in his hand and said it was a questionnaire that you made up to him and he had to memorize.
Q. You are not answering my question. Did you ever hold this document in your hand?
A. No, never held it.
Q. Did you ever read it?
A. No.
Q. Did you know how many pages this supposed questionnaire --
A. I don't know how many pages it was.
Q. You don't know how many questions were on this so-called questionnaire?
A. No.
Q. Did you ever see a letterhead?
A. A letter?
Q. A letterhead.
A. You lost me.
Q. On this piece of paper, did you see an insignia, a letterhead?
A. That said questionnaire?
Q. Yes.
A. No.
Q. Did you see a signature on this?
A. No.
Q. This letter that you're referring to two or three weeks ago, what was Mr. Brown's reaction to that letter?
A. He just laughed and said even Barry Smith knows I had nothing to do with it.
Q. Did he become agitated about that letter?
A. No.
Q. Did he become upset about the letter?
A. No.
Q. Become irate about the letter?
A. No. He was kind of happy to know that Barry knew he had nothing to do with it.
Q. And yet he came into this courtroom and plead guilty to -- did you know that?
A. Yes.
Q. Did you talk to him after he pled guilty?
A. No, I just read it in the paper.
Q. Did you ever talk to Brown after he came in this courtroom and pled guilty to serious criminal charges?
A. Oh, yes. I talked to him.
Q. Since he pled guilty?
A. Yes.
Q. What did you talk about?
A. Just jailhouse talk.
Q. Who did you talk to - - who have you told these - - your recollection of these statements, who have you talked to?
A. People in the jail.
Q. Have you talked to the warden?
A. No.
Q. Talked to the sheriff?
A. No.
Q. Talked to the deputy sheriff?
A. No.
Q. Talked to any jail guards?
A. The sheriff was over there -- I want to run this back a little bit. The sheriff was over there with Mr. Bonavita.
Q. Who is Mr. Bonavita?
A. Mike Brown's attorney. And Mr. Smith and other officers on the sheriff's department, they had a cell search over this. Other than that --
Q. Let's answer my question, sir. Who did you tell at the jail who is employed in an official capacity that Brown was making these statements?
A. Was making them?
Q. Yes.
A. Mr. Smith is the only one I talked to.
REDIRECT EXAMINATION
BY MR. SMITH:
Q. Are you lying, Mr. Silvis?
A. What is that?
Q. Did you tell any lies when you testified?
A. No.
Q. Are you sure?
A. Yeah.
Q. Honest to god truth?
A. Honest to god.
MR. SMITH: No further questions.
THE COURT: You may step down.
ROBERT EUGENE SILVIS, called as a witness, was sworn and examined, testified as follows:
DIRECT EXAMINATION
BY MR. SMITH:
Q. Please state your name and address.
A. Robert Eugene Silvis, 407 Market Street.
Q. You're currently incarcerated in the Warren County Jail?
A. Yes, I am.
Q. What charge?
A. Theft by unlawful taking and unauthorized use of a motor vehicle.
THE COURT: Mr. Silvis, you are going to have to keep your voice up.
BY MR. SMITH:
Q. Theft by unlawful taking and unauthorized use of a motor vehicle?
| Previous | INDEX | Next |