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State v. Magee5/6/2005
ot has nothing to do with whether he is guilty or innocent to me. I don't feel that she's, you know, it's what comes before the court.
Q: Uh-huh (affirmative response).
A: Do you understand that I am saying whether I know her or not is a moot point as to whether--
THE COURT: Is she a friend?
MRS. MAGEE: Neighbor. Not a friend. A neighbor, but I wouldn't -
EXAMINATION BY THE COURT:
Q: Do you have an opinion right now that couldn't be swayed or couldn't be dealt with as to her credibility: I mean, when she comes here, are you automatically going to believe her as being a credible witness?
MR. ALFORD: Or disbelieve her?
THE COURT: Or disbelieve her?
MRS. MAGEE: Well, probably according to what she says whether I am going to believe what she is saying, I mean.
EXAMINATION BY MR. ALFORD:
Q: The problem is you apparently have outside information, outside of the court, you see. Is that a fact? I mean, you don't know if it is true or not?
A: And I don't even know if these were the same children. I didn't know names.
Q: Uh-huh (affirmative response).
A: I just was told something that happened.
Q: Uh-huh (affirmative response).
A: And that was it.
EXAMINATION BY MR. McNARY (Defense Counsel):
Q: Let me ask you this, who told you?
A: Carolyn Taylor.
Q: Carolyn herself?
A: She's my next-door-neighbor, but I don't know that [sic ] the children's names or anything.
EXAMINATION BY MR. GATEWOOD:
Q: What did she tell you?
A: She told me that she was keeping some foster kids, and she told me that they were sexually abused, and she was having problems with them, bed wetting, et cetera, because -
Q: Did she tell you who she thought did it?
A: No, no, she did say the mother's boyfriend, but I didn't even know the mother. I didn't know.
Q: Did she give you any other facts about what happened to them when they were molested?
A: No, not detail. It was a generalization.
MR. GATEWOOD: Okay.
EXAMINATION BY MR. ALFORD:
Q: Is this just on one occasion that she told you about the children that came in her care?
A: Specifically, yes, that is the only time, because I know, you know, next-door-neighbors I see the kids in the yard. I know she keeps foster children. That's the only time she gave me any specific information about the past of any of the children she keeps. I can't believe this.
Pertinent Voir Dire Examination of Ms. Jackson by State
Q: That's fine, you can have that.... Anybody have any other reason that you, maybe like Mrs. Magee told us here, she had some pain problem or you are on medication or anything like that that could cause you not to be able to spend a couple or three days with us this week?
A: Mrs. Jackson responds affirmatively.
Q: Mrs. Jackson?
A: I am in school, too.
...
Q: Okay. Is there any problem with your not attending for--of course, obviously you missed today?
A: Uh-huh (affirmative response).
Q: And possibly Tuesday and Wednesday. Does that create a problem for you at school?
A: I am going to have to have an excuse. I have to have an excuse to get back.
Q: Would it affect you academically not being in school these two or three days?
A: Nods head affirmatively.
...
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