ALL RIGHT. MR. SCHWAB, COULD YOU STAND OVER HERE BY THE COURT REPORTER, PLEASE, AND FACE THE CLERK.

STEVEN SCHWAB, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

PLEASE RAISE YOUR RIGHT HAND. DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

I DO.

PLEASE BE SEATED ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

MY NAME IS STEVEN SCHWAB. THAT IS S-T-E-V-E-N S-C-H-W-A-B.

THANK YOU.

MISS CLARK.

THANK YOU, YOUR HONOR.

DIRECT EXAMINATION

BY MS. CLARK:

GOOD MORNING, MR. SCHWAB.

GOOD MORNING.

I'M GOING TO DIRECT YOUR ATTENTION TO THE EVENTS THAT OCCURRED ON THE NIGHT OF JUNE 12, SUNDAY, 1994.

UH-HUH.

AS OF THAT DATE, SIR, CAN YOU TELL US WHERE YOU WERE LIVING?

YES. I WAS LIVING AT 11965 MONTANA AVENUE. THAT IS BETWEEN BUNDY AND SAN VICENTE.

OKAY. THERE IS A MAP THAT HAS BEEN MARKED AS PEOPLE'S 26 TO YOUR LEFT.

UH-HUH.

COULD YOU INDICATE ON THIS MAP WHERE, APPROXIMATELY, YOU WERE LIVING.

MAY I USE THIS HERE?

THERE SHOULD BE A BIGGER ONE. THIS ONE IS BETTER.

THANK YOU. THIS IS WHERE I LIVED, (INDICATING).

FOR THE RECORD, THE WITNESS HAS POINTED TO I GUESS IT IS A GREEN HOUSE THAT IS INDICATED ON MONTANA.

ALL RIGHT. NOTED.

BY MS. CLARK: AND WERE YOU A PET OWNER AT THAT TIME, SIR?

YES, I WAS.

WHAT DID YOU OWN?

I HAVE A DOG SHERRY AND I ALSO OWN A CAT.

DO YOU WANT TO PULL THAT MICROPHONE IN A LITTLE BIT, SIR, AND SPEAK RIGHT INTO IT LIKE A TELEPHONE.

OKAY. THANKS. (WITNESS COMPLIES.)

OKAY. DID YOU HAVE A HABIT WITH RESPECT TO WALKING YOUR DOG?

YES. I WOULD WALK THE DOG THE SAME TIME EVERY NIGHT DURING THE WEEK AND ON THE WEEKEND I ALSO HAD A HABIT THAT WAS THE SAME WEEK TO WEEK.

AND WHAT WAS THAT HABIT?

WELL, DURING THE WEEK I WOULD WALK MY DOG BETWEEN 11:00 AND 11:30 SO THAT WHEN I GOT HOME I WAS ABLE TO WATCH THE DICK VAN DYKE SHOW ON T.V. ON THE WEEKENDS I WALKED THE DOG BETWEEN 10:30 AND 11:00 BECAUSE THE DICK VAN DYKE SHOW ENDS AT 10:30 ON THE WEEKEND, SO I HAD THE SAME HABIT AND ROUGHLY A HALF HOUR EACH NIGHT WHEN I WALK MY DOG.

NOW, THE SHOW THAT YOU WATCHED ON THE WEEKEND, IS THAT ALSO DICK VAN DYKE?

YEAH. IT IS A LITTLE -- THE SCHEDULE IS A LITTLE DIFFERENT, BUT AT THAT TIME IT WAS THAT THE DICK VAN DYKE SHOW RAN FROM 10:00 TO 10:30. I WOULD WALK MY DOG FROM 10:30 TO 11:00 AND ELEVEN O'CLOCK I WOULD GO HOME AND WATCH THE MARY TYLER MOORE SHOW. THAT WAS MY SUNDAY EVENING.

WAS THAT A HABIT OR ROUTINE FOR YOU?

THAT WAS WHAT I DID, YOU KNOW, TO RELAX BEFORE STARTING A NEW WORK WEEK.

AND ON JUNE 12, A SUNDAY, DID YOU FOLLOW THAT SAME ROUTINE, SIR?

YES, I DID.

NOW, ON THAT PARTICULAR NIGHT DO YOU RECALL WHAT YOU -- WHAT EPISODE YOU WERE WATCHING OF THE DICK VAN DYKE SHOW?

NOT -- I'M NOT COMPLETELY CLEAR ON WHAT EPISODE IT WAS ON THAT PARTICULAR NIGHT.

BUT YOU KNOW YOU WERE WATCHING THE DICK VAN DYKE SHOW?

I KNOW THAT I WATCHED THE DICK VAN DYKE SHOW AND IT ENDED JUST PRIOR TO 10:30.

SO WHEN IT ENDED, SIR, WHAT DID YOU DO?

WHEN IT ENDED I TOOK MY DOG'S LEASH FROM THE CLOSET AND PUT IT ON MY DOG AND TOOK MY DOG OUT FOR A WALK.

AND YOU LEFT YOUR APARTMENT HOW LONG AFTER THE SHOW ENDED, SIR?

SHORTLY AFTER -- AFTER THE SHOW ENDED, WITHIN A FEW MINUTES. DIDN'T TAKE VERY LONG.

OKAY. WITHIN, WHAT?

TWO -- TWO OR THREE MINUTES.

OKAY. SO AT WHAT -- AT 10:32 OR 10:33 YOU LEFT?

APPROXIMATELY, YEAH.

NOW, CAN YOU TELL US WHERE YOU WENT WHEN YOU LEFT YOUR APARTMENT?

WELL, AGAIN, THIS IS A HABIT THAT I HAVE. I WALK MY DOG DOWN BUNDY AND I WENT -- I'M SORRY. I WALK MY DOG DOWN MONTANA TOWARDS BUNDY AND THEN I WENT PASSED BUNDY AND I MADE A LEFT ON A STREET CALLED GRETNA GREEN OVER HERE AND THEN I MADE A LEFT AND I WALKED DOWN ONE BLOCK AND MADE A RIGHT ON GORHAM AND CONTINUED ALONG GORHAM UNTIL I GOT TO THIS STREET HERE, THIS STREET HERE, WHICH IS AMHURST AND THEN I MADE A LEFT ON AMHURST AND THEN MADE A LEFT ON DOROTHY AND WALKED ALONG DOROTHY UNTIL I GOT BACK TO BUNDY, WHICH IS THE CORNER OVER HERE, (INDICATING), AND I WALK DOWN BUNDY THEN AND RETURN TO MY HOUSE ON MONTANA.

OKAY. I WILL TELL YOU WHAT. IF YOU DON'T MIND, WE ARE GOING TO PUT THIS UP ON THE MONITOR.

UH-HUH.

AND WE ARE GOING TO TRACE THE ROUTE AS YOU TELL IT TO US. OKAY?

OF COURSE.

NOW, YOU ARE GOING TO HAVE A MONITOR THAT IS TO YOUR RIGHT.

OKAY.

ALL RIGHT.

WHAT AM I SUPPOSED --

YOU DON'T HAVE TO DO ANYTHING. WE ARE GOING TO DO IT FOR YOU AS YOU SPEAK AND YOU TELL US IF WE ARE DOING RIGHT.

OKAY.

LET'S SLIDE THIS OVER.

A LITTLE BIT OVER THAT WAY. THANK YOU, YOUR HONOR.

DOES THAT COVER THE AREA?

YEAH. A LITTLE -- YEAH, THAT COVERS THE AREA ENTIRELY. THIS MAP DOESN'T HAVE THE SYMBOL FOR MY HOUSE, BUT IT IS JUST ABOVE THE "B."

BUNDY?

IT IS ABOUT THE THIRD HOUSE FROM THE CORNER OF BUNDY AND MONTANA.

I WILL TELL YOU WHAT. DO YOU SEE WHERE THE CROSS IS?

A LITTLE FURTHER.

OKAY.

ABOUT THERE.

THERE?

ROUGHLY.

CAN WE PUT AN "X"? THERE. WE HAVE A CROSS THERE.

IS THAT ACCURATE?

THAT IS VERY ACCURATE.

ALL RIGHT. LET'S CALL THIS PEOPLE'S 41.

THANK YOU, YOUR HONOR.

WE ARE GOING TO PUT THE INITIALS "S.S." THERE WE GO. GOOD. ALL RIGHT.

CAN YOU TELL US THE ROUTE THEN AND WE ARE GOING TO TRACE IT FOR YOU ON THIS.

OKAY. I LEAVE MY HOUSE ON MONTANA AVENUE AND I WALK DOWN MONTANA TOWARD BUNDY. I CROSS THE STREET AT BUNDY AND CONTINUED ALONG MONTANA UNTIL I GET TO GRETNA GREEN. AT GRETNA GREEN I MAKE A LEFT AND THEN CONTINUE ON UNTIL I GET TO GORHAM. AT GORHAM I MAKE ANOTHER LEFT AND CONTINUE ON TO THE NEXT CROSS STREET WHICH IS -- WHICH IS AMHURST. AT AMHURST I TURN LEFT AND CONTINUED ON TO DOROTHY. AT DOROTHY I TURNED LEFT AGAIN AND CONTINUED ON DOROTHY PASSED -- PASSING GRETNA GREEN AGAIN AND CONTINUED UNTIL I GOT TO DOROTHY AND BUNDY. AT THE CORNER OF DOROTHY AND BUNDY I TURNED LEFT AND CONTINUE ON BUNDY DOWN PASSED GORHAM, ALL THE WAY TO MONTANA, AND THEN I WALK DOWN MONTANA UNTIL I RETURN TO MY HOME.

ALL RIGHT. I'M GOING TO LEAVE THAT THERE BECAUSE WE ARE GOING TO MARK IT AGAIN. OKAY?

UH-HUH.

NOW, YOU LEFT YOUR HOME WITH YOUR DOG AT ABOUT YOU SAID 10:32 OR 10:33?

SHORTLY AFTER 10:30. NOT EXACTLY. THE SHOW ENDS EXACTLY AT 10:30 BECAUSE THE NEXT SHOW STARTS AT 10:30, BUT I LEFT SHORTLY AFTER THE END OF THE DICK VAN DYKE SHOW, SO A COUPLE OF MINUTES.

BY MS. CLARK: WE ARE GOING ON TO HIGHLIGHT THAT IN RED TO MAKE IT A LITTLE MORE VISIBLE.

UH-HUH.

ALL RIGHT. NOW, HOW CAN YOU BE SO CERTAIN OF THIS ROUTE?

WELL, IT IS A ROUTE THAT I USE FREQUENTLY. IT IS ONE THAT I DESIGNED TO TAKE ABOUT A HALF HOUR TO GET ME HOME SO I CAN WATCH WHATEVER SHOWS I WANT. IF I CHOOSE TO VARY THE ROUTE, I CAN, BUT THIS IS A BASIC ROUTE, KIND OF A CIRCLE. I MEAN, YOU CAN SEE THAT IT TAKES ME HOME AGAIN VERY EASILY. ALSO, IT IS A VERY BEAUTIFUL NEIGHBORHOOD. I PASS A LOT OF NICE HOUSES ALONG THE WAY AND IT IS PLEASANT, PLEASANT WALK.

NOW, CAN YOU TELL US WAS THERE ANY POINT AT WHICH YOU CHECKED YOUR WATCH TO SEE WHAT TIME IT WAS?

ON THIS PARTICULAR EVENING I CHECKED MY WATCH ONCE AT THE CORNER OF GRETNA GREEN AND MONTANA.

OKAY. WHAT TIME WAS IT WHEN YOU GOT TO GRETNA GREEN AND MONTANA?

MY DOG HAD TAKEN CARE OF ITS DUTY AND I CLEANED UP AFTER IT AND I CHECKED MY WATCH TO SEE WHETHER I SHOULD CONTINUE ON OR RETURN HOME. FOR THE DOG'S SAKE I DIDN'T HAVE TO CONTINUE ON IF I DIDN'T WANT TO, AND THAT WAS BETWEEN 10:35 AND 10:40 WHEN I CHECKED MY WATCH, SOMEWHERE -- YOU KNOW, SOMEWHERE IN THE MIDDLE THERE, BECAUSE I DIDN'T -- I DIDN'T HAVE A DIGITAL WATCH. I HAVE AN ANALOG WATCH AND THAT IS WHERE THE HAND WAS.

SO THE HAND ON THE WATCH IS BETWEEN 10:35 AND 10:40?

YES.

YOU MADE A POINT OF LOOKING AT YOUR WATCH AT THAT POINT?

YES.

OKAY. THAT WAS AT THE CORNER OF GRETNA GREEN AND MONTANA?

YES.

CAN YOU WRITE IN AT THAT INTERSECTION, AT THAT CORNER OF GRETNA GREEN AND MONTANA -- YELLOW? BLACK? OKAY. OKAY. 10:35 TO 10:40. JOHN MADDEN HE IS NOT, BUT CAN YOU MAKE THAT "5" A LITTLE BIT BETTER, JOHN.

I THINK THE JURY CAN READ THE MAP AS WELL AND FIGURE OUT WHERE THE CORNER OF GRETNA GREEN AND MONTANA IS.

I JUST WANTED HIM TO WRITE THE NUMBER. THAT WILL BE RIGHT THERE. ALL RIGHT.

IS THAT ACCURATE, SIR?

YES.

ALL RIGHT.

YES.

THEN YOU CONTINUED WALKING?

YES.

AND AT SOME POINT DURING YOUR WALK, SIR, DID SOMETHING UNUSUAL OCCUR?

YES. AS I CONTINUED ON, AFTER I HAD STARTED DOWN DOROTHY PASSED GRETNA GREEN, IT WAS ROUGHLY HALFWAY DOWN THE BLOCK ABOUT WHERE THAT ALLEY IS, I SAW THAT THERE WAS A DOG AT THE CORNER OF DOROTHY AND BUNDY. NOW, AT THAT TIME I DIDN'T -- I DIDN'T THINK THERE WAS ANYTHING UNUSUAL. I THOUGHT THE OWNER WAS PROBABLY AROUND THE CORNER ON BUNDY SOMEWHERE AND IT WAS ANOTHER DOG WALKER.

APPROXIMATELY, IF YOU KNOW, HOW LONG DID IT TAKE YOU TO GET FROM THE CORNER OF GRETNA GREEN AND MONTANA TO THE CORNER OF DOROTHY AND BUNDY?

WELL, AGAIN IT TAKES -- THE HALFWAY POINT OF MY ROUTE IS ROUGHLY ON AMHURST, SO THAT TAKES ME ABOUT FIFTEEN MINUTES, SO IT WAS AFTER -- IT WAS AFTER THAT. BASICALLY I MEAN IN TERMS OF WHAT TIME I GOT HOME, THIS WAS TOWARD THE END OF MY ROUTE, SO THIS I WOULD SAY WAS BETWEEN ABOUT -- ABOUT 10:55 OR SO THAT I SAW THE DOG. THAT IS ANOTHER FIVE -- BETWEEN FIVE AND TEN MINUTES FOR ME TO GET HOME FROM THAT POINT FROM THE CORNER OF DOROTHY AND BUNDY.

SO APPROXIMATELY 10:55 YOU GOT TO THE CORNER OF DOROTHY AND BUNDY?

THAT'S CORRECT.

10:55?

UH-HUH. JUST PUT "APPROXIMATELY."

I DON'T THINK WE NEED TO GET TOO DETAILED ON THESE THINGS BECAUSE THE JURORS HAVE THEIR NOTEBOOKS.

RIGHT. THAT'S IT. THANK YOU, YOUR HONOR.

ALL RIGHT. SO YOU GOT TO THE CORNER OF DOROTHY AND BUNDY AND YOU SAW A DOG?

YES.

WAS THERE ANYONE WITH THAT DOG?

NO. AS I GOT TO THE CORNER I SAW THAT THE DOG WAS ALONE. AT THAT POINT IT WAS JUST STANDING ON THE CORNER.

WHAT DID YOU DO?

WELL, I APPROACHED THE DOG AND I WANTED -- I SAW THAT IT WAS ALONE AND I OBSERVED THE DOG FOR A MINUTE OR TWO AND IT WAS DOING AN UNUSUAL THING. IT WOULD TURN AWAY FROM ME AND LOOK DOWN -- THERE IS A HOUSE ON THE CORNER OF DOROTHY AND BUNDY AND IT WOULD LOOK DOWN THE PATH LEADING TO THE DOORWAY OF THAT HOUSE AND BARK AT THE HOUSE FOR A BRIEF -- FOR A BRIEF INTERVAL AND THEN IT WOULD STOP AND THEN IT WOULD TURN BACK TO ME AND IT WOULD BARK AT THIS HOUSE, WHICH IS SOMETHING THAT I HAD NEVER SEEN BEFORE. I DIDN'T KNOW -- I DIDN'T KNOW QUITE WHAT TO MAKE OF THAT.

COULD YOU TELL WHAT HOUSE IT WAS BARKING AT?

IT WAS -- IT WAS BARKING AT THE CORNER HOUSE. AGAIN THERE IS A PATH AT THAT PARTICULAR CORNER HOUSE THAT LEADS ALMOST DIRECTLY TO THE CORNER, AND IT WAS LOOKING DOWN THE PATH AND BARKING ESSENTIALLY AT THE FRONT DOOR.

AND WERE YOU ABLE TO SEE ANYTHING -- WERE YOU ABLE TO SEE THAT HOUSE?

YEAH. I COULD SEE THAT HOUSE CLEARLY FROM WHERE I WAS STANDING.

AND DID THERE SEEM TO BE ANYTHING UNUSUAL IN THAT HOUSE?

NO. IT WAS -- IT WAS QUIET. IT WAS DARK. I DIDN'T KNOW IF THE PEOPLE WERE ASLEEP OR NOT HOME, BUT THERE WAS NOTHING GOING ON IN THE HOUSE, ESSENTIALLY.

NOW, THIS WAS THE HOUSE THAT WAS ON THE CORNER OF DOROTHY AND BUNDY?

ON THE CORNER OF DOROTHY AND BUNDY, YES.

AND WHEN YOU SAW THE DOG BARKING THERE, WHAT DID YOU DO?

WELL, AGAIN I DIDN'T KNOW WHAT TO MAKE OF IT, BUT CLEARLY AT THIS POINT, BECAUSE THERE WAS NO ONE WITH THE DOG, I FIGURED THAT THIS WAS A LOST DOG, SO I WANTED TO CHECK THE COLLAR TO SEE IF THERE WAS A NAME TAG WITH AN ADDRESS SO THAT I COULD BRING THE DOG HOME, BUT I KNOW THAT AKITAS CAN BE VERY PROTECTIVE DOGS, SO BEFORE I WENT TO TOUCH THE COLLAR, I LET THE DOG SMELL ME AND THEN I PATTED IT ON THE HEAD AND SAID, YOU KNOW, "GOOD BOY" AND YOU KNOW, "GOOD DOG," TO SHOW THAT I WAS FRIENDLY. AND WHEN I SAW THAT THE DOG WASN'T GOING TO BITE ME OR ATTACK ME IN ANY WAY, I PUT MY HAND ON THE COLLAR AND TURNED IT AROUND TO SEE IF THERE WAS A TAG.

YOU KNEW THERE WAS AN AKITA?

YES, I KNEW THE BREED. I'M A DOG OWNER AND I KNEW SOME BREEDS OF DOGS, AND AKITAS IS ONE OF THE BREEDS I'M FAMILIAR WITH.

I HAVE HERE A BOARD ENTITLED "NICOLE'S AKITA."

CAN YOU TELL US DO YOU RECOGNIZE THE DOG DEPICTED IN THESE PHOTOGRAPHS, SIR?

YES. YES, THIS LOOKS LIKE THE DOG THAT -- IT LOOKS LIKE THE SAME COLLAR THAT I SAW THAT NIGHT.

AND YOU SAW THE COLLAR THAT IS DEPICTED IN THAT LAST PHOTOGRAPH?

YES. I SAW THE COLLAR AND NOTICED THAT IT WAS EMBROIDERED, THAT IT WAS RED AND BLUE WITH EMBROIDERED SYMBOLS ON IT. IT SEEMED EXTENSIVE TO ME. IT WASN'T SOMETHING THAT I COULD AFFORD TO GET FOR MY OWN DOG, BUT I NOTICED THAT. AND AGAIN I TURNED -- I LOOKED AT IT EXTENSIVELY TO SEE IF THERE WAS A TAG OR SOMETHING WRITTEN ON THE COLLAR, BUT THERE WASN'T.

WHAT EXHIBIT IS THIS?

I AM SORRY?

WHAT EXHIBIT IS THIS?

I'M SORRY, PEOPLE'S 40.

ALL RIGHT. NOW, AS YOU LOOKED AT THE DOG AND YOU EXAMINED IT FOR A TAG --

UH-HUH.

-- DID YOU HAPPEN TO NOTICE ITS PAWS OR ITS LEGS?

YES. AS I GOT CLOSER TO THE DOG THE FIRST THING I SAW WAS SOME BLOOD ON ONE OF THE BACK PAWS. THE FIRST THING I NOTICED ABOVE THE PAW SLIGHTLY ON THE LEG WAS A STREAK OR BLOOD OR DRIP OF BLOOD ON ONE OF THE BACK PAWS, AND THAT WAS UNUSUAL, SO I OBSERVED MORE CLOSELY AND SAW THAT THERE WAS ALSO BLOOD ON THE BOTTOM OF THE PAWS. ALSO, THE UNDERSIDE OF THE DOG WAS DIRTY. IT WAS -- IT WAS -- THERE WAS BROWN STUFF ON THE BOTTOM OF THE DOG.

OKAY. COULD YOU TELL -- YOU MEAN ON THE STOMACH?

ON THE STOMACH AND EVEN IN THE CHEST AREA.

OKAY. COULD YOU TELL WHETHER THAT BROWN STUFF WAS BLOOD OR DIRT?

NO, I COULDN'T TELL. IT COULD HAVE BEEN EITHER. I JUST DIDN'T KNOW.

ON THE LEGS AND THE PAWS, COULD YOU TELL IF IT WAS BLOOD OR DIRT?

THERE I KNEW THAT IT WAS BLOOD. IT WAS RED. IT HADN'T -- IT WASN'T BROWN, THAT WAS CLEARLY RED, AND THE -- THE ONE -- STUFF ON THE LEG WAS MOIST. I DIDN'T TOUCH IT. I DIDN'T GET BLOOD ON ME, BUT IT WAS -- IT WAS RED.

OKAY. AND IT APPEARED STILL TO BE MOIST TO YOU?

YES.

DID YOU -- DID YOU LOOK TO SEE WHAT THE SOURCE OF THAT BLOOD WAS?

WELL, I EXAMINED THE PAWS AND I CONSIDERED THAT PERHAPS THE DOG HAD CUT ITS PAW AND THAT IS WHERE THE BLOOD THE CAME FROM. I DIDN'T NOTICE ANYTHING WRONG WITH THE DOG'S PAWS, BUT ALSO, IT IS A DARK CORNER, SO I WASN'T COMPLETELY SURE, YOU KNOW, WHETHER THERE MIGHT BE A PIECE OF GLASS WEDGED INTO ONE OF THE PAWS OR SOMETHING, BUT I DIDN'T -- I DIDN'T SEE ANYTHING LIKE THAT AT THAT TIME.

OKAY. SO WAS IT DARK -- IT WAS DARK IN THAT AREA, SIR?

THAT IS A VERY DARK CORNER. THAT IS A DARK AREA -- THAT SIDE OF THE STREET IS DARK.

THAT SIDE OF THE STREET MEANING THE WEST SIDE OF BUNDY?

YES. THE WEST SIDE OF BUNDY IS -- IS DARKER -- IS DARKER THAN THE EAST SIDE OF BUNDY, JUST BECAUSE OF THE NATURE OF THE STREET LIGHTS THAT ARE THERE.

SO WHAT HAPPENED AFTER YOU LOOKED AT THE DOG? YOU NOTICED ITS PAWS AND ITS LEGS AND ITS COLLAR?

YEAH.

WHAT HAPPENED NEXT?

WELL, I WAS -- I WAS CONFUSED, I DIDN'T KNOW EXACTLY WHAT TO MAKE OF THE SITUATION, AND I DIDN'T KNOW WHAT THE DOG WOULD DO. AT THAT POINT I CROSSED THE STREET. I CROSSED FROM THE EAST SIDE OF BUNDY -- I'M SORRY -- FROM THE WEST SIDE OF BUNDY TO THE EAST SIDE OF BUNDY TO SEE BASICALLY WHAT THE DOG WOULD DO.

ALL RIGHT. YOU SAY YOU WENT FROM THE WEST SIDE TO THE EAST SIDE OF BUNDY?

YES. THAT IS ANOTHER PART OF MY ROUTE. THAT IS WHAT I DO. I CROSS THE STREET AT THAT POINT. THAT IS WHAT I DO. IT IS A LITTLE LIGHTER ON THAT SIDE OF THE STREET.

SO YOU LIKE IT BETTER BECAUSE IT IS LIGHTER ON THE EAST SIDE OF THE STREET?

YES.

NOW, I'M POINTING TO YOU THIS RED -- THIS RED HOUSE AND THE BLUE HOUSE.

YES.

ON THE WEST SIDE OF BUNDY.

YES.

OKAY. AND YOU SAW THE DOG ON THE CORNER OF DOROTHY AND BUNDY ON THE WEST SIDE?

THAT WAS ON THE WEST SIDE, YES.

AND AFTER YOU LOOKED AT THE DOG YOU CROSSED OVER TO THE EAST SIDE?

YES.

AND WHAT DID YOU DO THEN?

WELL, I BASICALLY WANTED TO SEE WHAT THE DOG WOULD DO. IF THE DOG WOULD GO IN A PARTICULAR DIRECTION, THEN MAYBE COULD I FOLLOW IT AND FIND OUT WHERE IT CAME FROM. BUT THE DOG STAYED WITH MYSELF AND MY DOG. IT CROSSED THE STREET WITH US. IT STAYED WITH US.

AND DID IT FOLLOW YOU?

YEAH. AT THAT POINT I TURNED LEFT TO HEAD BACK -- AT THAT POINT I CONTINUED. I TURNED LEFT TO GO DOWN BACK TOWARDS MONTANA AND THE DOG STAYED WITH US AS WE WALKED, BUT IT THEN CONTINUED ITS -- ITS ROUTINE OF AS WE PASSED A HOUSE IT WOULD LOOK DOWN THE PATH AND BARK AND HOWL AT THE HOUSES THAT WE PASSED.

DID IT DO THAT AT EVERY HOUSE THAT YOU PASSED?

IT DID THAT AT EVERY HOUSE ALONG HERE, (INDICATING), ON THIS SIDE -- ON THIS SIDE OF BUNDY. IT DID THAT AT SEVERAL HOUSES ALONG HERE PRETTY CONSISTENTLY WHEN THERE WAS A PATH THAT LED -- YOU KNOW, THAT LED UP THE STREET. SOMETIMES THERE WERE STEPS AND THINGS LIKE THAT AND THERE WAS EVEN A WALL, BUT WHEN THERE WAS A SITUATION WITH A PATH LEADING TO A DOOR, IT WOULD BARK DOWN THE PATH.

FOR THE RECORD, WHEN THE WITNESS SAID "ALONG HERE," HE WAS POINTING TO THE EAST SIDE OF BUNDY IN THE AREA OF THE TWO ICONS THAT ARE DEPICTED ON THAT SIDE OF THE STREET.

YES, ON PEOPLE'S 40.

THANK YOU, YOUR HONOR.

SO EVERY TIME IT WOULD PASS A HOUSE ON THE EAST SIDE OF BUNDY WHERE YOU WERE WALKING --

UH-HUH.

-- THAT HAD A PATH LEADING UP TO IT, IT WOULD STOP AND BARK?

IT WOULD STOP AND BARK -- BARK DOWN THE PATH.

AND HOW MANY TIMES DID IT DO THAT?

I WOULD SAY APPROXIMATELY THREE TIMES.

OKAY.

THERE WAS SEVERAL. THERE WAS MORE THAN ONE. IT WASN'T LIKE ABOUT TEN OR TWELVE. IT WAS APPROXIMATELY, I WOULD SAY, THREE TIMES IT DID THAT.

DID THAT SEEM UNUSUAL TO YOU?

THAT SEEMED VERY UNUSUAL TO ME. I HAD NOT SEEN A DOG BEHAVE IN THIS -- IN THIS MANNER EVER AND I DIDN'T KNOW WHETHER IT WAS BECAUSE IT WAS LOST OR BECAUSE IT HAD COME FROM ONE OF THESE HOUSES, BUT THAT DIDN'T APPEAR TO BE THE CASE EITHER, BECAUSE IT DIDN'T TURN DOWN THE PATH TO ANY OF THESE HOUSES. IT WOULD JUST BARK AT THEM.

OKAY. NOW, WAS IT -- WHAT WAS THE TRAFFIC IN THAT AREA AT THAT TIME? WAS IT VERY HEAVY? WAS IT VERY LIGHT?

BUNDY IS VERY QUIET THAT TIME OF NIGHT, ESPECIALLY A SUNDAY NIGHT. THERE IS NOT A LOT OF TRAFFIC ON THE STREET. I DON'T RECALL SEEING A PARTICULAR NUMBER OF CARS. I WOULDN'T NECESSARILY SAY THERE WERE NO CARS, BUT THERE WAS NOT VERY MUCH TRAFFIC AT ALL. THERE GENERALLY ISN'T WHEN I WALK THAT TIME OF NIGHT.

DID YOU CONTINUE TO WALK AND THE DOG CONTINUE TO FOLLOW YOU?

YES, I CONTINUED DOWN -- I CONTINUED DOWN BUNDY TOWARDS GORHAM.

HOW -- DID THE DOG STAY CLOSE TO YOU?

YES. THE DOG STAYED VERY CLOSE AND IT WOULD DO THIS -- THIS THING OF BARKING AT THE HOUSES, AND THE FIRST COUPLE OF TIMES I KIND OF WATCHED JUST TO SEE WHAT WAS GOING ON, BUT THEN LATER I CONTINUED WALKING AND THE DOG WOULD -- WOULD CATCH UP TO US IN ORDER TO STAY WITH US. IT WOULD BARK, BUT IT VERY CLEARLY WANTED TO STAY WITH MYSELF AND MY DOG.

NOW, DID YOU JUST SAY THAT YOU TURNED ON TO GORHAM OR YOU CROSSED GORHAM?

NO. I WAS WALKING TOWARDS GORHAM AT THAT POINT. I HAD TURNED LEFT AT BUNDY AND DOROTHY AND WAS WALKING ALONG THE EAST SIDE OF THE STREET TOWARDS BUNDY AND GORHAM.

OKAY. WHAT HAPPENED NEXT?

WELL, AT THAT POINT I SAW A POLICE OFFICER DRIVE BY, AND THE UNUSUAL NATURE OF ALL THIS, I FLAGGED DOWN THE POLICE OFFICER TO TELL HIM THAT I HAD -- I HAD FOUND THIS LOST DOG AND THAT IT WAS UNUSUAL TO SEE A LOOSE DOG IN BRENTWOOD AT THIS TIME OF NIGHT. IT IS UNUSUAL TO SEE A LOOSE DOG IN BRENTWOOD AT ANY TIME. THIS WAS THE ONLY TIME I HAVE SEEN IT.

ALL RIGHT. WERE YOU CONCERNED WITH WHAT TO DO WITH THE DOG?

I WAS CONCERNED ABOUT THE DOG. BEING A PET OWNER MYSELF, I'M VERY SENSITIVE TO A DOG BEING SEPARATED FROM ITS OWNER, SO WHAT I HAD DONE IN THE PAST, WHEN MY WIFE AND MYSELF HAD FOUND A LOST DOG, WAS TO BRING THE DOG HOME AND TRY TO FIND THE OWNER BY PUTTING UP POSTERS. AND YOU SEE THEM ALL THE TIME, LOST DOG, MAYBE TAKE A PICTURE OF THE DOG AND PUT THAT WITH IT BECAUSE I DIDN'T -- I HAD NO IDEA HOW LONG THIS DOG HAD BEEN LOST FOR. THE DIRTINESS OF IT LED ME TO BELIEVE IT MIGHT HAVE BEEN SOME TIME.

DID YOU ENCOUNTER ANY POLICE ON YOUR WALK?

YES. AS I WAS WALKING BETWEEN DOROTHY AND GORHAM ON BUNDY I SAW A POLICE OFFICER DRIVE BY AND I FLAGGED HIM DOWN.

DID YOU HAVE SOME CONVERSATION WITH HIM?

YES. AT THAT POINT I TOLD HIM THAT I HAD FOUND THIS LOST DOG AND INDICATED THE CORNER AT WHICH I HAD FOUND THE DOG AND TOLD HIM THAT I DIDN'T KNOW EXACTLY WHAT TO DO IN THIS SITUATION, THAT I WANTED TO ALERT HIM AND MAYBE SOMEONE HAD REPORTED A LOST DOG IN THE NEIGHBORHOOD OR MAYBE HE COULD CALL SOMEONE WHO WOULD KNOW IF THERE WAS A LOST DOG REPORTED IN THE NEIGHBORHOOD.

AND DID YOU ASK HIM FOR SOME HELP?

YEAH. I TOLD HIM -- I DIDN'T HAVE A LEASH -- AN EXTRA LEASH OR ANYTHING ON ME, SO I DIDN'T, YOU KNOW, WHAT THE DOG WAS GOING TO DO, SO I TOLD HIM ABOUT THE SITUATION, THAT THE DOG WAS LOOSE IN THE NEIGHBORHOOD, AND HE TOLD ME NOT -- NOT TO WORRY ABOUT IT, HE WOULD TAKE CARE OF IT AND THAT I SHOULD CONTINUE HOME AND I SAID "OKAY."

WHAT HAPPENED THEN?

WELL, I CONTINUED WALKING TOWARDS -- TOWARD MY HOUSE, WALKING THEN DOWN TOWARDS GORHAM, BUT THE DOG STAYED WITH ME STILL. THE DOG CONTINUED TO STAY RIGHT NEXT TO MYSELF AND MY DOG.

SO HE WOULDN'T STAY WITH THE POLICE OFFICER?

HE DIDN'T STAY WITH THE POLICE OFFICER. THE DOG WAS STILL INTENT ON STICKING WITH MYSELF AND MY DOG.

DID THE DOG CONTINUE TO BARK AS YOU WENT HOME?

YES. THE DOG BARKED CONSIDERABLY AT THE CORNER OF GORHAM AND BUNDY. THIS WAS LIKE THE LOUDEST BARKING REALLY THAT IT DID DURING THE COURSE OF THE TIME THAT I WAS WITH IT. AND IT WENT ON FOR A LONGER PERIOD OF TIME THAN IT HAD BARKING AT THE INDIVIDUAL HOUSES. IT REALLY, YOU KNOW, BARKED AND HOWLED QUITE A BIT HERE, (INDICATING). RIGHT ABOUT HERE, (INDICATING). AGAIN, THIS IS MY HABIT. I CROSS THE STREET HERE. I CROSS -- I HAVE TO CROSS GORHAM AND I END UP CROSSING FROM THE EAST SIDE AND ENDING UP BACK ON THE WEST SIDE AT BUNDY, SO I CROSSED THE STREET HERE AND THE DOG STOOD AT THIS POINT HERE AND BARKED CONSIDERABLY AS MY DOG AND I CONTINUED TO WALK DOWN BUNDY TOWARDS MONTANA.

CAN YOU LOOK AT YOUR MONITOR, SIR. YOU SEE WHERE THAT PINK ARROW IS?

THAT IS BASICALLY CORRECT EXCEPT IT IS THE OTHER SIDE OF THE STREET.

OKAY. THAT YELLOW ARROW?

IT WAS ON THE -- AGAIN AT THIS POINT IT WAS THE WEST SIDE OF BUNDY.

ON THE WEST SIDE OF BUNDY?

YES.

CAN YOU MOVE THAT A LITTLE BIT TO THE LEFT, JOHN. A LITTLE BIT MORE.

IT IS --

BY MS. CLARK: HOW IS THAT?

THAT IS PRETTY CLOSE. I DON'T KNOW IF YOU CAN GET THE ARROW TO POINT FROM THE OTHER DIRECTION, FROM THE OTHER SIDE.

OKAY?

BACK IT UP. A LITTLE TO THE LEFT. FURTHER TO THE LEFT. YEAH, LIKE THAT. AT THAT POINT THERE THE DOG BARKED CONSIDERABLY AS MY DOG AND I HEADED ON BUNDY. NOW BACK ON THE WEST SIDE OF BUNDY BACK TOWARDS MONTANA.

OKAY. AND THEN DID YOU CONTINUE HOME?

I CONTINUED HOME, AND AT THAT POINT I WASN'T CERTAIN WHETHER THE DOG WOULD CONTINUE TO FOLLOW US, BECAUSE IT WAS BARKING AND THE POLICE OFFICER WAS THERE, BUT IT DID. IT STOPPED BARKING AFTER A MINUTE OR SO AND CAUGHT UP TO MYSELF AND MY DOG AND CONTINUED WITH US.

AND WHEN YOU GOT -- SO WHEN YOU WALKED INTO YOUR APARTMENT BUILDING, WAS IT STILL FOLLOWING YOU?

YES, YES.

NOW, AT YOUR BUILDING, THERE IS A COURTYARD THAT YOU WALK INTO FROM THE STREET?

YES. OUR BUILDING HAS A COURTYARD WITH A POOL.

AND DID THE DOG FOLLOW YOU INTO THAT COURTYARD?

YES.

IS YOUR APARTMENT -- WAS IT UPSTAIRS OR WAS IT DOWNSTAIRS?

I LIVE ON THE SECOND FLOOR OF MY APARTMENT COMPLEX.

DID YOU WALK UP TO YOUR APARTMENT ON THE SECOND FLOOR?

YES. YES, I WALKED UP THE STAIRS TO MY APARTMENT.

AND DID THE DOG FOLLOW YOU UP TO YOUR APARTMENT ON THE SECOND FLOOR?

YES, IT DID. IT FOLLOWED ME ALL THE WAY UP TO THE LANDING OUTSIDE OF MY APARTMENT.

DO YOU RECALL WHAT TIME YOU GOT HOME?

WELL, IT WAS APPROXIMATELY FIVE MINUTES AFTER ELEVEN O'CLOCK. I CAME IN THE DOOR AND I OPENED THE DOOR AND MY WIFE WAS SITTING AT THE COMPUTER AND BEHIND HER I SAW THE T.V. SET AND THE MARY TYLER MOORE SHOW WAS ON AND IT WAS THE BEGINNING OF THAT EPISODE AND I WAS RELIEVED THAT IT HADN'T TAKEN ME MUCH LONGER TO GET HOME THAN USUAL BECAUSE MY WIFE SOMETIMES WORRIES ABOUT ME IF I'M OUT MORE THAN A HALF HOUR. SHE KNOWS I HAVE THIS ROUTINE, SO IF I HAD BEEN OUT CONSIDERABLY LONGER, SHE MIGHT HAVE BEEN WORRIED, BUT SHE WASN'T.

OKAY. SO THE MARY TYLER MOORE SHOW HAD JUST STARTED?

YEAH, IT WAS THE BEGINNING OF THE EPISODE.

AND DO YOU KNOW WHAT TIME IT BEGAN -- THAT SHOW BEGAN ON SUNDAY NIGHT ON JUNE THE 12TH?

YES. THAT SHOW BEGINS AT ELEVEN O'CLOCK.

DO YOU REMEMBER THE EPISODE THAT WAS ON?

YES, I REMEMBER. IT WAS AN EPISODE THAT I HAD SEEN PREVIOUSLY INVOLVING MARY DATING SOMEONE FROM A RIVAL STATION.

THAT HAD JUST BEGUN?

YOU SAID IT WAS APPROXIMATELY 11:05?

APPROXIMATELY THAT IS WHAT TIME IT WAS.

DID YOU LET THE DOG INTO YOUR APARTMENT?

NO, I DIDN'T. AS I SAID PREVIOUSLY, I HAVE A CAT AND I DIDN'T WANT TO UPSET THE CAT BY BRINGING THE LARGE DOG IN RIGHT AT THAT POINT, SO I CLOSED THE DOOR BEHIND ME. THE DOG WAS ON THE LANDING OUTSIDE AND I HADN'T TOLD MY WIFE YET, SO I TOLD MY WIFE LINDA THAT THIS BIG AKITA HAD FOLLOWED ME HOME.

AND WHAT DID YOU DO WITH THE DOG?

THE DOG WAS ON THE LANDING OUTSIDE MY APARTMENT AND I TOLD LINDA THAT THE DOG HAD FOLLOWED ME HOME AND SHE SAID SOMETHING LIKE "YOU ARE KIDDING?" AND I SAID "NO" AND I OPENED THE DOOR AND SHOWED HER THAT THE DOG WAS STANDING THERE AT THE LANDING TO OUR APARTMENT.

IT JUST STAYED THERE?

IT JUST STAYED THERE.

OKAY.

AND, UMM, SHE WENT OUT TO SEE THAT IN FACT THERE WAS -- THAT IT WAS REAL, THERE WAS THIS BIG AKITA STANDING ON LANDING TO OUR APARTMENT.

WHY WAS THAT SO STRANGE, THAT THE DOG -- THAT THIS DOG WOULD STAY THERE ON THE LANDING?

CALLS FOR SPECULATION, YOUR HONOR.

SORRY?

CALLS FOR SPECULATION.

ARE YOU HANDLING THIS WITNESS, MR. DOUGLAS?

YES, YOUR HONOR.

ALL RIGHT.

BY MS. CLARK: WHY DID YOU THINK THAT IT WAS STRANGE?

IT WAS UNUSUAL.

I WILL OVERRULE THE OBJECTION. GO AHEAD.

I'M SORRY?

LET ME THINK ABOUT IT.

I THOUGHT MAYBE I THOUGHT OF A BETTER QUESTION.

WHY DID YOU THINK THAT WAS STRANGE?

I THOUGHT IT WAS UNUSUAL FOR A DOG TO, YOU KNOW, ATTACH ITSELF QUICKLY TO -- TO ANOTHER PERSON -- TO A PERSON THAT IT DIDN'T KNOW.

I HAD NEVER SEEN THE DOG BEFORE, SO IT WAS -- IT WAS STRANGE THAT THE DOG WOULD STAY WITH US.

ARE YOU FAMILIAR WITH THE -- WITH HOW MUCH AN AKITA COSTS?

I KNOW THAT THEY ARE EXPENSIVE DOGS.

DID IT SEEM UNUSUAL THAT AN EXPENSIVE DOG LIKE THAT WOULD BE OUT RUNNING AROUND ALONE?

ABSOLUTELY. THE DOG SEEMED WELL-BRED AND WELL CARED FOR, AND AGAIN, THE COLLAR WAS VERY EXPENSIVE, SO I KNEW THAT THIS WAS NOT SOME STRAY STREET DOG, BUT THAT THIS WAS AN EXPENSIVE DOG.

OKAY. SO WHAT DID YOU DO WITH THE DOG?

WELL, I HAD -- I HAD SPOKEN TO THE POLICE OFFICER AS WE WERE COMING HOME ALONG BETWEEN -- AS I WAS WALKING HOME ON BUNDY BETWEEN -- I'M SORRY. AS I WAS WALKING ON MONTANA BETWEEN BUNDY AND MY HOUSE, THE POLICE OFFICER HAD STOPPED AGAIN SEEING THAT THE DOG WAS NOT STAYING IN THE AREA, BUT WAS FOLLOWING ME, AND I SPOKE TO HIM AND HE SAID, "IT IS OBVIOUS THE DOG WANTS TO FOLLOW YOU. WHY DON'T YOU CONTINUE HOME," AND HE SAID HE WOULD CALL ANIMAL CONTROL AND THEY WOULD COME BY TO TAKE CARE OF THE DOG. AND I SAID THAT WAS FINE. I GAVE HIM MY NAME, ADDRESS AND PHONE NUMBER AND WENT HOME. AND SO AFTER SHOWING MY WIFE THAT I HAD THE DOG, WE GOT A SPARE LEASH AND WENT OUT TO STAND AT -- TO SIT ON THE STEP LEADING TO MY APARTMENT COMPLEX ON MONTANA AND WAIT FOR THE PEOPLE FROM ANIMAL CONTROL TO SHOW UP.

DID THEY SHOW UP?

NO, THEY DID NOT SHOW UP.

SO WHAT DID YOU DO?

SO NOW THAT WE HAD THIS SPARE LEASH ON THE DOG, WE DECIDED TO WALK THE DOG BACK TOWARDS WHERE I FOUND IT. MAYBE THE PEOPLE HAD COME -- HAD NOTICED THAT IT WAS MISSING AND HAD COME OUT BY THAT TIME, SO OUR INTENTION WAS TO TAKE THE DOG BACK TO THE CORNER OF BUNDY AND DOROTHY.

AND WHAT HAPPENED?

WELL, AS I WALKED THE DOG TOWARDS BUNDY ALONG MONTANA, THE DOG PULLED BACK. THE DOG SHIED AWAY FROM GOING TOWARD BUNDY. IT KEPT PULLING BACK TOWARDS MY APARTMENT COMPLEX.

IT WAS PULLING BACK?

IT WAS PULLING BACK. IT WAS NOT ALLOWING ME TO WALK IT TOWARDS BUNDY. IT WAS PULLING AWAY.

CAN YOU DESCRIBE WHAT THE WEATHER WAS LIKE THAT NIGHT?

IT WAS -- IT WAS A RELATIVELY COOL NIGHT. IT HAD BEEN HOT DURING THE DAY, BUT IN OUR NEIGHBORHOOD, SO CLOSE TO THE OCEAN, IT GETS MUCH COOLER AT NIGHT, AND THIS WAS NO EXCEPTION, IT HAD COOLED DOWN CONSIDERABLY FROM THE DAY.

HOW WAS THE DOG BEHAVING?

WELL, AT THIS POINT, WITH THE DOG PULLING AWAY, AGAIN THIS WAS ALSO UNUSUAL. I NOTICED AT THAT POINT THAT THE DOG WAS DEHYDRATED, THAT IT WAS PANTING, THAT ITS TONGUE WAS DRY, AND IT SEEMED TO NEED WATER, BECAUSE AT THIS POINT IT WASN'T BARKING ANY LONGER; IT WAS CONTINUALLY PANTING.

SO IT SEEMED DEHYDRATED?

YES, IT DID.

LIKE IT NEEDED WATER?

YES.

SO WHAT DID YOU DO?

SO WE WALKED THE DOG BACK TO THE COURTYARD OF MY BUILDING AND I WENT UPSTAIRS TO GET SOME WATER FOR THE DOG.

DID THE DOG DRINK?

YEAH. I WENT UPSTAIRS. I TOOK MY DOG'S DISH, FILLED IT WITH WATER, AND AS I WAS GOING BACK I NOTICED THAT MY LIGHT ON MY ANSWERING MACHINE WAS BLINKING, BUT I DIDN'T CHECK THE MESSAGE OR ANYTHING. I WENT DOWNSTAIRS, GAVE THE DOG THE BOWL OF WATER, AND IT DRANK CONSIDERABLY. IT DRANK QUITE A LOT.

NOW, WHEN YOU WERE DOWN IN THE COURTYARD, WAS THERE MORE LIGHT?

YES. THE COURTYARD IN MY BUILDING IS FAIRLY WELL-LIT. THERE IS LIGHTS ALL AROUND AND THERE IS LIGHTS COMING UP FROM THE POOL, SO IT IS FAIRLY WELL-LIT.

AS OPPOSED TO THAT DARK AREA WHERE YOU FOUND THE DOG ON THE STREET?

YES. THERE WAS MUCH MORE THAN LIGHT IN THE COURTYARD AREA.

AT THAT TIME DID YOU TAKE THE OPPORTUNITY TO LOOK MORE CLOSELY AT THE DOG?

YES. AT THIS POINT I WANTED TO CHECK THE PAWS AGAIN TO SEE IF IT WAS CUT OR BLEEDING, IF THERE WAS A PIECE OF GLASS WEDGED IN ONE OF THE PAWS, AND THAT WAS WHERE THE BLOOD THE COME FROM. AND SO I CHECKED -- AND THE DOG WAS, YOU KNOW, WAS GETTING A LITTLE BIT CALMER, IT WAS NOT SO DEHYDRATED, SO WITH THAT OPPORTUNITY I CHECKED THE DOG'S PAWS.

DID YOU CHECK ALL FOUR PAWS?

I CHECKED ALL FOUR PAWS.

DID YOU SEE BLOOD ON ALL FOUR PAWS?

ON THE LEGS DID YOU SEE BLOOD?

SOME OF THE LEGS HAD BLOOD SPLATTERED UP THE LEGS.

AND DID YOU FIND ANY INJURY ON THE DOG THAT COULD BE THE SOURCE OF THAT BLOOD?

YOU INDICATED BEFORE THAT THE BELLY AND EVEN THE CHEST OF THE DOG, AT FIRST WHEN YOU SAW IT IN THE DARK AREA OF BUNDY AND DOROTHY, SEEMED TO BE MUDDY?

YES.

COULD YOU TELL AT THIS POINT IN THE BETTER LIGHT OF THE COURTYARD WHETHER IT WAS MUDDY AND DIRTY OR BLOODY ON THE CHEST AND THE STOMACH?

IT WAS -- IT WAS DIRTY AND IT WAS DRIED BROWN STUFF AND I -- I REALLY DON'T KNOW WHAT COLOR BLOOD TURNS AFTER IT DRIES, BUT IT WAS THIS DRIED BROWN STUFF THAT I FIGURED WAS EITHER BLOOD -- EITHER MUD OR MORE BLOOD.

SO AS TO THAT PART OF THE DOG, YOU COULDN'T TELL?

I COULDN'T TELL BECAUSE IT WAS BROWN AT THIS POINT AND IT WAS DRIED AT THIS POINT.

DID YOU REMEMBER SEEING ANY MUD ON THE LEGS OF THE DOG?

NO.

NO MUD?

NO.

ONLY BLOOD?

ONLY THE BLOOD THAT I SAW.

ALL RIGHT. AT SOME POINT DID YOU HAVE CONTACT WITH ANIMAL CONTROL?

WELL, I HAD SEEN THE LIGHT BLINKING ON MY ANSWERING MACHINE WHEN I WENT TO GET THE WATER, SO I STAYED DOWN WITH THE DOG WHILE IT DRANK, AND MY WIFE WENT UPSTAIRS TO CHECK THE MESSAGE AND SHE CAME DOWN AND SAID IT WAS --

YOUR HONOR, HEARSAY.

OKAY. WHAT SHE SAID IS HEARSAY.

RIGHT.

YOUR WIFE CAME DOWN AND TOLD YOU SOMETHING?

UH-HUH.

BASED ON WHAT SHE TOLD YOU, WHAT DID YOU DO?

I WENT BACK UPSTAIRS AND LISTENED TO THE MESSAGE AND IT WAS FROM ANIMAL CONTROL.

OBJECTION. HEARSAY, YOUR HONOR.

SUBMIT IT.

ALL RIGHT. THE ANSWER -- THE PART OF THE ANSWER THAT THE CALL WAS FROM ANIMAL CONTROL, THAT IS STRICKEN. THE JURY IS ORDERED TO DISREGARD THAT. MISS CLARK.

BY MS. CLARK: YOU GOT A PHONE CALL?

YES.

YOU SPOKE TO SOMEONE?

YES.

BASED ON WHAT THAT PERSON TOLD YOU, WHAT DID YOU DO?

WELL, BASED ON THAT INFORMATION I KNEW THAT I HAD TO EITHER BRING THE DOG TO ANIMAL CONTROL MYSELF BY MIDNIGHT OR KEEP THE DOG OVERNIGHT.

OKAY. DID YOU WANT TO TAKE THE DOG TO ANIMAL CONTROL?

I DID NOT FEEL GOOD AT THAT POINT ABOUT TAKING THE DOG TO ANIMAL CONTROL BECAUSE I KNEW THAT THE DOG WOULD BE LEFT THERE ALONE OVERNIGHT, THAT THERE WOULD BE NO ONE THERE TO WATCH THE DOG. I DIDN'T KNOW IF THEY WOULD FEED THE DOG BEFORE THE PERSON LEFT ANIMAL CONTROL. I SIMPLY KNEW THAT THE DOG WOULD BE LEFT ALONE OVERNIGHT AT ANIMAL CONTROL.

OKAY. SO WHAT DID YOU DO AT THAT POINT?

I WENT DOWN -- BACK DOWNSTAIRS WITH THE DOG -- I MEAN, BACK DOWNSTAIRS TO THE DOG AND CONSIDERED VARIOUS OPTIONS. ONE WOULD BE TO BRING THE DOG INSIDE, MAYBE LOCK MY CAT IN ANOTHER ROOM AND KEEP THE DOG INSIDE. ANOTHER OPTION WOULD HAVE BEEN TO TIE THE DOG UP IN THE COURTYARD AND LET IT STAY THERE OVERNIGHT. THAT CONCERNED ME BECAUSE OF THE BARKING THAT IT HAD DONE. IF IT STARTED BARKING OR HOWLING IN THE MIDDLE OF THE NIGHT, IT MIGHT DISTURB SOME OF MY NEIGHBORS. THE THIRD OPTION WOULD BE ONCE AGAIN TO TRY TO WALK IT BACK TO THE CORNER OF DOROTHY AND BUNDY, AND I WAS CONSIDERING THOSE OPTIONS. I KNEW AT THAT POINT THAT I WAS NOT GOING TO TAKE THE DOG TO ANIMAL CONTROL MYSELF, THAT I WAS GOING TO KEEP THE DOG OVERNIGHT.

SO WHERE WERE YOU SEATED AT THAT TIME?

I WAS STANDING ACTUALLY IN THE COURTYARD OF MY BUILDING IN FRONT OF THE STAIRCASE THAT LEADS UP TO MY APARTMENT. I HAD PLACED THE BOWL AT THE FOOT OF THE STAIRS AND THE DOG AT THAT POINT WAS LYING DOWN.

OKAY. DID SOMEONE THAT YOU KNEW FROM YOUR APARTMENT BUILDING APPEAR IN THE COURTYARD?

YES. AT THAT POINT SUKRU BOZTEPE, MY DOWNSTAIRS NEIGHBOR, ENTERED FROM THE BACK ENTRANCE FROM MY APARTMENT COMPLEX.

I'M GOING TO SPELL THAT FOR THE REPORTER.

I HAVE IT.

BY MS. CLARK: SUKRU BOZTEPE SHOWED UP AND KNEW HIM AS A NEIGHBOR OF YOURS IN THAT BUILDING?

YES. SUKRU IS MY DOWNSTAIRS NEIGHBOR AND WE ARE VERY CLOSE. WE HAD A GARAGE SALE EARLIER THAT DAY AND HE TAKES CARE OF MY PETS WHEN WE ARE ON VACATION. WE ARE VERY CLOSE.

WHAT TIME WAS THAT WHEN YOU SAW HIM ARRIVE?

THAT WOULD BE APPROXIMATELY 11:40.

WAS HE ALONE WHEN YOU SAW HIM FIRST?

WHEN I FIRST SAW HIM HE WAS BY HIMSELF COMING FROM THE BACK ENTRANCE TO OUR APARTMENT COMPLEX.

AND HE HAS A WIFE?

YES.

AND HER NAME IS?

HER NAME IS BETTINA RASMUSSEN.

DO YOU HAVE THAT ONE, CHRIS?

BY MS. CLARK: DID SHE COME OUT ALSO?

SHE CAME OUT FROM THEIR APARTMENT. THEY ARE OUR DOWNSTAIRS NEIGHBORS. WE HAVE ALMOST IDENTICAL APARTMENTS. OURS IS ON THE SECOND FLOOR AND THEIRS IS ON THE FIRST FLOOR. SO AT THAT POINT I WAS THERE WITH MY WIFE AND THE DOG VIRTUALLY IN FRONT OF THEIR APARTMENT DOOR, SO HE CAME HOME AND SHE CAME OUT AND HE ASKED WHERE I GOT THE DOG, WHERE THIS DOG HAD COME FROM.

ALL RIGHT. THEN DID YOU TELL HIM EVERYTHING THAT YOU HAVE TOLD US ABOUT HOW YOU FOUND THE DOG?

YES. I EXPLAINED THE SITUATION UP TO THIS POINT AND THE FACT THAT WE DIDN'T WANT TO TAKE THE DOG TO ANIMAL CONTROL.

OKAY.

MISS CLARK, DO YOU HAVE MUCH MORE AT THIS POINT?

I DO. I MEAN NOT A LOT MORE, BUT --

ENOUGH?

YEAH.

OKAY. ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR RECESS THEN FOR THE NOON HOUR AT THIS TIME. PLEASE REMEMBER CAREFULLY MY ADMONITION TO YOU. DON'T DISCUSS THE CASE AMONG YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, ALLOW ANYBODY TO TALK TO YOU ABOUT THE CASE OR CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. WE WILL STAND IN RECESS UNTIL 1:45. MR. SCHWAB, YOU ARE ORDERED TO RETURN HERE AT 1:45.

I UNDERSTAND.

DON'T DISCUSS YOUR TESTIMONY WITH ANYBODY, EXCEPT FOR THE ATTORNEYS IN THE CASE. THANK YOU, SIR. WE ARE IN RECESS.