MICHAEL BROWN ("Co-defendant" and Commonwealth "star witness") | ||
| Vol 1 (#5) pp. 172 - 189 | Tuesday, May 7, 1991 | Charles R. Rapp |
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w5_mb2.html
Day two, and the conclusion of Michael Brown's DIRECT testimony under District Attorney Joseph A. Massa. You may note, or rather I should explain, for those who have noted, that this volume (I) continues into day 2 of Buckley's trial. Day 1 (May 6) actually ends at page 172. These transcripts themselves (Volume I) in fact continue on through the conclusion of Mr. Brown's testimony under District Attorny Massa, on May 7, at page 189. A PRIMARY problem in this "case" is that Michael Brown's time card indicated he was at work from 8:37 a.m. to 4:36 p.m. on May 18, 1988 - the date of Kathy Wilson's disappearance. Here is "the story" on that. And here is the (simple) reality. |
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we'll commence the case again. Simply to remind you, you are not permit (sic) anyone to approach you and talk to you about the case and, obviously, you're not to discuss the facts at this point among yourselves. So we'll see you tomorrow morning at 9:00.(Court was recessed at 5:13 p.m.)
Tuesday, May 7, 1992 (sic)
THE COURT: Good morning, ladies and gentlemen.
(Sidebar discussion off record.)
(Mr. Brown retakes the witness stand. (sic)
BY MR. MASSA:
Q Mr. Brown, I would ask you to continue speaking up so the Court and jury can hear you. You have explained your behavior of Wednesday, May 18, 1988. Did you rape Kathy Wilson on that date?
A No.
Q Did you murder Kathy Wilson?
A No.
Q Where you present when Kathy Wilson was raped and murdered on Wednesday, May 18, 1988?
A Yes.
Q What's the word "rape" mean to you?
A Having sex with somebody against their will.
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Q Is the person who rape (sic) and murdered Kathy Wilson present in this courtroom?A Yes.
Q Point to that person and name him.
A Jay William Buckley.
Q Michael, did you see Shelly Anderson on that Wednesday?
A Yes.
Q Where did you see her?
A At my house.
Q At what time?
A Two different times, early afternoon, and then later on in the evening.
CEX27
Q I am going to show you what has been marked for identification purposes as Commonwealth's Exhibit 27; is that familiar to you?
A Yes.
Q What is that?
A That's my dad's van.
Q And is that the van that you were driving on Wednesday, May 18, 1988?
A Yes.
MR. MASSA: Your Honor, the Commonwealth moves admissions (sic) of Exhibit 27.
MR. SMITH: No objection.
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THE COURT: Admitted.Q Were you ever inside Kathy Wilson's van on Wednesday, May 18, 1988?
A No.
Q Was Buckley inside Kathy Wilson's van on that date?
A Yes.
Q Was Kathy Wilson inside your van, the van that you just showed to the jury?
A Yes.
Q And the floor board that was shown to the jury, was secured against the front seats of your van; is that correct?
A Yes, along the panel.
Q Pardon.
A In the back of them.
Q In the back of the seats?
A Yes.
Q You told the jury yesterday that Kathy Wilson was bound or secured to that floor board, correct?
A Yes.
Q Where was her head? Which direction in the van was her head located?
A Facing Toward the back.
Q In other words, her back was against the floor
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board?A Yes.
Q Her face was situated in which direction?
A Towards the back door of the van.
Q Did you see nay (sic) one on Thursday, the next day, Thursday, May 19, 1988? Did any one come to your house relative to Mr. Buckley?
A Yes.
Q Who came to your house?
A Two of his sisters.
Q What were their names?
A Karen and Donna
Q And what time did they come to your house?
A It was dark, in the nighttime, I'm not sure what time it was.
Q Why did they come to your house?
A Some detective stopped at their house looking for Jay.
Q When you refer to Jay you're referring to Buckley; is that correct?
A Yes.
Q And his siters, (sic) Karen, and who?
A Donna
Q Came to your house?
A Yes.
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Q And did they have any conversation with you? Did they ask you anything?A They asked me if Billy - - they referred to him as Billy, was at my house and I said no and they asked me what he did and I told them I didn't know and - -
Q By Billy they were were (sic) referring to who?
A Jay.
Q Buckley?
A Yes.
Q Go ahead.
A And they asked me if I knew where he was and I said he is up in the woods where he lives and they asked me if I would take them there and show them where he was so I did.
Q How did you get there?
A In their truck.
Q What happened - - well, you drove, then you road in their truck to - -
A Willard Street where the woods were, where he lived.
Q Is that what you called yesterday a campsite?
A Yes.
Q His campsite?
A Yes.
Q And it was in the evening hours?
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A Yes.Q Was it light or dark?
A Dark.
Q Where did you do when you get there?
A I walked down to the end of the little field there and yelled up across the creek.
Q What did you yell?
A Just his name.
Q And?
A He answered back and told me to come up there and I didn't have a flashlight or nothing and I told him that I couldn't see and he says well - - and he lit a light up there and just to follow the light and I told him his siters (sic) wanted to talk to him.
Q You told him his sisters wanted to talk to him?
A Yes.
Q What did he respond?
A He said, "Hold on a minute." and maybe three or four minutes went by and I yelled back up at him again and he was gone.
Q Do you know whether or not any one else was present with him at his campsite at that date and time?
A Yes, some little boy, Joyce Wilson's son, I
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don't know his name.Q Joyce Wilson's son?
A Yes.
Q You did not have an immediate conversation with Buckley at all other than what you have just related; is that correct?
A Yes, that's correct.
Q What did you do at that time after you called his name?
A I walked back out to the road and told his sisters that he had taken off and they (sic) my brother came up, the cops stopped at my house and my brother showed them where I was at so they followed him up to the woods there, the campsite.
Q What did you do when you left the campsite?
A Went to the Jamestown Police Department.
Q Why?
A The cops wanted to question me.
Q Did you talk to them at that time?
A Yes.
Q What did they ask you?
A They just asked me about the activities that took place on Wednesday, where I was, where Jay was, if made (sic) mention of anything that happened during the afternoon, if I knew what happened the day before and
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I just told them no.Q You told them no?
A Yes.
Q Did you have any further conversations with the police that evening?
A No.
Q When did you next have contact with Buckley?
A The next I had contact with him was Saturday.
Q I am going to ask you to focus your attention on Saturday, May 21, 1988, that was three or four days after the rape and murder of Kathy Wilson; is that correct?
A Yes.
Q What did you do on that date?
A Well, it was - - I just got home from work and Jay called my house and asked me if I could come pick him up, he said he had to finish taking care of business and at first I hesitated and, you know, then I agreed to coming and picking him up.
Q What did you do? Did you go pick up Buckley?
A I went to the Jamestown Police Department? (sic)
Q You voluntarily went?
A Yes.
Q Why did you do that?
A Because I wanted them to follow me.
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Q What was your intention at that time?A Well, I was under the influence, (sic) you know, that we were going to go back out there and - -
Q Why did you think that?
A He told me he wanted to finish taking care of business.
Q He meaning?
A Jay.
Q Okay. So you, in response to that, went to the police department?
A Yes.
Q What police department?
A Jamestown Police Department.
Q What did you do there?
A I went in and I contacted Joe Welch, he's the detective, and I told them that I was supposed to pick up Jay and I told them that I believed we were going to go back out there and then he asked me, the cop there, Joe Welch, "So you're saying that Jay did that to this lady?" and I said, "I'm mot (sic) saying nothing, he just wants me to pick him up." and, you know, I wanted them to go with me.
Q At that point in time you had initially told the police on Thursday evening or when they first asked you that you didn't know anything about it; is
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that correct?A Yes.
Q You didn't tell them what happened on Saturday?
A No.
Q You didn't tell them anything like what you've told or testified under oath today and yesterday?
A No.
Q But you're at the Jamestown Police Department Headquarters on Saturday, May 21st; correct?
A Yes.
Q And did the police ask you to do anything at that time?
A Yes, they asked me if I would wear a wire when I went to pick him up.
Q Did they, in fact, wire you?
A Yes.
Q Explain briefly what they did.
A They just put a little box on me with some straps underneath my shirt.
Q Did you eventually leave the Jamestown Police Department Headquarters?
A Yes.
Q Where did you go?
A Went to his sister's, Terry Westerdahl's
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house.Q How did you get from the Jamestown Police Department to Terry Westerdahl's house?
A I was driving my dad's van.
Q Was anyone in the van with you?
A No.
Q Did anyone follow you to Terry Westerdahl's house?
A Yes.
Q Who?
A Three cop cars and a helicopter.
Q Pardon.
A Three cop cars and a helicopter.
Q Why did you go to Terry Westerdahl's house?
A That's where Jay told me he would be.
Q When he called you earlier?
A Yes.
Q What happened when you got to Terry Westerdahl's house?
A I pulled in the driveway and the cops parked kind of right out in front of their house and then the helicopter was flying around and everything so, obviously, when I asked if Jay was there they said no.
Q Who said no?
A His sister.
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Q Terry Westerdahl. What happened next?A She said that he had taken off towards Jamestown, so I pulled out of the driveway and drove in to Jamestown, you know, looking for Jay.
Q Did you have any further contact with buckley (sic) that day or evening, Saturday, May 21st?
A Yes, after we stopped and they had taken off the wire and everything, about maybe two hours after that I was driving down Falconer Street in Jamestown and seen him.
Q You saw who?
A Jay.
Q Did you have a conversation with him?
A Yes.
Q What was the substance of that conversation?
A We walked in front of the Silver Dollar and he told me that he had seen the cops following me and made mention of me wearing a wire and I told him, I says, "You know they have been following me everywhere I went." trying to cover up that I let them wire me up and so, you know, I told him that the cops had been following me all over the place, you know, and I says, "I think they think I did this and - -
Q What did he say to you or tell you?
A He told me, he says, "You don't have nothing
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to worry about.".Q Did he say anything else to you?
A He says, "remember what I told you.", you know, about if I told on him.
CEX28
Q
Michael, I am going to show you what has been marked as Commonwealth's Exhibit 28; is that familiar to you?
A Yes.
Q What is that?
A This is a copy of my timecard.
Q And I have highlighted a section in yellow to reference what date?
A Wednesday, that would be the 18th.
Q And that indicates that you punched in at what time?
A Eight thirty-seven.
Q And punched out at what time?
A Four thirty-six.
Q Did you punch that card out?
A No.
Q Were you at work at 4:37 Wednesday, May 18, 1988?
A No.
MR. MASSA: Your Honor, the Commonwealth move the admission of Exhibit Number 28.
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MR. SMITH: Exhibit Number 28, Your Honor, I have no objection to the admission of this exhibit, however, I do have under subpoena the employer with the original time card and when we place the original time care (sic) in we ask that it be substituted for the copy.MR. MASSA: No problem, Your Honor.
THE COURT: Admitted.
Q I want to take you back to the Lindell Road crime scene for a moment. You stated after you observed Buckley rape and murder Kathy Wilson you reentered your van?
A Yes.
Q You stated that you did not have the keys?
A Yes.
Q Who had the keys?
A Jay.
Q And how did you get in to the van?
A Through a side door.
Q And Buckley eventually came back to the van?
A Yes.
Q How did he get in?
A The driver's side door.
Q Did he have the keys?
A Yes.
Q Did he have any other keys with him?
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A Yes.(Witness does as requested.)
Q What are those?
A Those are Mrs. Wilson's keys.
Q Where did you see those?
A In Jays hand.
MR. MASSA: The Commonwealth moves the admission of Commonwealth's Exhibit 29.
MR. SMITH: No objection.
THE COURT: Admitted.
Q Michael, have you told the truth in this courtroom?
A Yes.
Q Have you told the truth of your involvement and observations from Wednesday, May 18, 1988 through Saturday, May 21, 1988 to this jury?
A Excuse me?
Q Have you told the truth to this jury yesterday and today?
A Yes.
Q Michael, you have made upwards of twenty some statements regarding this case; is that correct?
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A Yes.Q You know that Mr. Buckley's attorney is going to question you at length regarding these statements?
A Yes.
Q And you've given misleading information; is that correct?
A Yes.
Q You have given various details?
A Yes.
Q You've given different times and places?
A Yes.
Q You have told the police initially that you didn't know anything about it?
A No.
Q Didn't have anything to do with it?
A Yep.
Q You told the police that it happened at night?
A Yes.
Q That the rape and murder of Kathy Wilson took place at Lindell Road, but at night?
A Yes.
Q That you observed what you saw with a flashlight?
A Yes.
Q You told the police that she was abducted from
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the Chautauqua Mall?A Yes.
Q Some of your statements have been video taped?
A Yes.
Q They differed from what you've told this jury?
A Yes.
Q You're telling the truth today?
A Yes.
Q Why did you give those statements?
A I was - - well, in the beginning the reason I, you know, began to tell them I didn't know nothing about it and it was just a couple days after I let them wire me up. Joe Welch came to my house and told me that one of his - - one of the detectives had slipped up and he told my mother and myself for me not to walk leadfooted and always look behind me.
Q You continued giving different statements?
A Yes.
Q Why did you do that?
A Because I wanted - - I was trying to give them enough to, you know, to get this over with, you know.
Q Michael, have I as District Attorney, ever threatened you?
A No.
Q Have I ever intimidated you?
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A No.Q Have I ever given you any promises?
A No.
Q You entered a plea of guilty to the charges as you explained to the jury; is that correct?
A Yes.
Q And what is your understanding as to the maximum term of imprisonment that you could serve under that guilty plea?
A I could get up to seven to fourteen years.
MR. MASSA: I have no further questions.
[END OF VOL I (May 6, 7) -
TESTIMONY OF MAY 7 CONTINUES IN VOL II . . . ]
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