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substitute teacher on or about October 19th of 2004?

A Yes, I don’t know if that is the date, but it was a

long time ago, but I remember a substitute.

Q In October of 2004?

A Yes.

Q And do you remember if it was a female substitute

teacher or a male substitute teacher?

A Female.

Q If I ask you to look around the courtroom to see if

you could identify her, could you tell me the color of her

shirt, if you can see her?

A White.

Q Could you point at her, please?

A Her.

(Indicating)

MR. SMITH: I would ask for in-court

identification.

THE COURT: You are identifying this woman in

the white coat?

THE WITNESS: Yes.

THE COURT: The witness is identifying --

MR. SMITH: The defendant, the person in the

white suit.

THE COURT: Yes.

MR. SMITH CONTINUING:

Q She was your substitute teacher that day?

A Yes.

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146

Q And does this day stand out in your memory as

anything of interest happening?

A Yes.

Q Okay. Let me take you back to the beginning of

this. You went to your classroom, correct?

A Uh-huh.

Q Were there other kids in the classroom?

A Yes. Like three or four.

Q What happened when you walked in the classroom?

A I noticed the computer was like a little turned

awkward. I didn’t know why, I just sat down and she told

us to do something. I don’t know what kind of work it was.

We just went on our computers, and we were doing our work

quietly. She said we could talk amongst ourselves, but not

really loud.

Q When you say on your computers, do you mean to do

some work on the student computers or the teacher’s

computer?

A The student computers. We were never allowed to go

on the teacher’s.

Q That was separate, is that what you’re saying?

A Yes.

Q Mr. Napp never allowed you to go on his computer?

A Never allowed us to go on his computer.

Q That day in question, what was the substitute, the

defendant doing while class was going on?

A She was at the computer the whole time. She was

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147

really mostly at the computer for a long time, for the

whole class.

Q Where were you sitting during the course of the

class?

A I was sitting at one of the computers because the

computers were lined up along the side.

Q At the side?

A Along the side of the room.

Q There are not enough computers in the class for all

the students to use?

A No. Some kids sit down and wait, some kids help out

other kids on the computer.

Q Some kids were in the other parts of the room?

A Yes.

Q You specifically were on the computer, the student

computer?

A Yes.

Q At some point, did you go up to see the teacher?

A Yes. To hand in some paper or something.

Q You had some work to hand in?

A Yes.

Q And what happened when you walked up to where the

teacher was?

A I seen the computer, and I seen some pictures, and I

could see --

Q When you say pictures on the computer, you mean the

monitor?

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148

A The computer screen.

Q The monitor screen for the computer?

A Yes.

Q And you saw various pictures on the computer screen?

A I seen two pictures.

Q Two pictures?

A Yes.

Q As best you can, I ask you to describe what type of

pictures you saw on the computer monitor.

A I seen like one picture that was above another, one

picture, and one of them, the top one was a white female,

and the bottom she was like tan. I don’t know if she was

Spanish.

Q And how were these women, what was the nature of

these photographs that you saw, these images?

A I don’t really remember. I don’t really remember.

Q When I say the nature, what was happening in the

photographs?

A All I remember is they were standing sideways like

this.

Q Did you see anything in the photograph?

A Yes.

Q Images, what did you see?

A Their upper body.

Q Meaning what?

A Their breast area.

Q Were they topless? Let me strike this.

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149

Were they wearing clothes?

A No.

Q Were you able to see their chest area?

A Yes.

Q And they weren’t wearing clothes, correct?

A No.

Q What about the bottom portion below the hips?

A No, I couldn’t see.

Q How were they standing?

A Sideways.

Q These images of the topless women, were they both

topless?

A Yes.

Q Both the women you saw?

A Yes.

Q And were they wearing any clothes anywhere on their

body that you recall?

A No.

Q I couldn’t hear you.

A No.

Q At some point --. Where was the defendant when you

were looking at these pictures?

A She was on the computer.

Q She was still on the computer while you were

looking?

A Yes. She told me to sit down, so I sat down.

Q You just sat down and went back?

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150

A Yes.

Q At any point, did you see anybody else go up to the

desk?

A Yes.

Q Who did you see go up there?

A I seen, first I think the first person I saw was

_______ _____________.

Q At some point, you saw _______ _____________?

A Yes.

Q Go up to the desk?

A Yes.

Q What happened when you saw ___, Mr. _____________,

go up to the desk?

A I seen her push his face away. Everyone thought it

was a slap. I don’t know if it was a slap or a push, I was

like wow, a teacher touched his face.

Q Let me go later on. After this incident that you

saw these images, after that, did you hear discussions or

-- in the classroom or outside the classroom concerning

what happened?

A Mostly outside. Everybody was like --

Q I don’t want to know exactly what they said. Rumors

concerning what was going on?

A Uh-huh.

Q Discussions. Okay. And did this information, these

rumors, these discussions about what was going on happen on

the same day that you saw the images on the computer?

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151

A Yes.

MR. SMITH: No further questions. Thank you.

CROSS EXAMINATION BY MR. COCHEO:

Q Good morning, Mr. _________.

A Good morning.

Q Mr. _________, regarding this matter, did you

discuss it with other students?

A No. Other students discussed it with me mostly.

That was like yeah, I did see something.

Q Before you came in here today, did you discuss it

with anybody else?

A Before I came in here?

Q Yes. What your testimony was going to be.

A No.

Q I believe you answered one of Attorney Smith’s

questions, you said you only saw the upper half of the

body. Is that correct?

A Yes, of the two.

Q Is this your signature down here?

A Yes.

Q Is this your writing up here?

A No.

Q So before you signed this, you read the document,

right?

A Yes.

Q Would you do me a favor? Would you read this last

sentence right here out loud to the jury, starting right

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152

here.

MR. SMITH: I will object to this. It’s

improper.

THE COURT: Mr. Cocheo, did you want to mark

this for Identification?

MR. COCHEO: It’s impeachment, Your Honor.

THE COURT: It’s a document. You can have it

marked for Identification.

MR. COCHEO: Yes.

(Defendant’s Exhibit C marked for

Identification purposes only)

MR. SMITH: I object, it would be improper

impeachment. He hasn’t laid a proper foundation

that he said anything that is different than what is

in the document.

THE COURT: I don’t know what he’s going to

ask.

MR. SMITH: Then I can’t have him read the

document out loud.

THE COURT: Do you want to question the

witness regarding this?

MR. COCHEO CONTINUING:

Q You testified that, to Mr. Smith you only saw the

upper part of the woman’s body, is that correct?

A That was showing and her legs were showing, but I

couldn’t see down here. She was sideways.

Q In this document it says you saw a light-skinned

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153

Puerto Rican who was also naked.

A Yes. She was like tan, light skin.

Q How do you justify saying you only saw the top half

of the body to Mr. Smith and this document says you saw a

woman completely naked?

MR. SMITH: This is a mischaracterization.

THE COURT: Don’t answer yet.

Mr. Smith, your objection?

MR. SMITH: It’s a mischaracterization of what

he testified to.

THE COURT: Mr. Cocheo, you would have to be

more specific.

MR. COCHEO: I will stand by the record, Your

Honor. In response to Mr. Smith’s question, if you

review the transcript, it will say the witness said

he only saw the top half of the body.

THE COURT: And I believe he stated that -

MR. COCHEO: Excuse me, this document

contradicts that.

MR. SMITH: Judge, I object.

THE COURT: Mr. Smith?

BY MR. SMITH:

Q This document, the statement you gave to the police,

you indicate that you saw her whole body, correct?

A Yes.

Q Did you, in fact, see her whole body?

A Not this area, only the side.

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154

(Indicating)

Q A full body shot?

A Yes.

Q When you were just testifying, you said you saw her

breasts, correct?

A Yes.

Q That is the upper body, correct, that you saw?

A Yes.

Q When you were testifying just a few moments ago, you

said you did see the rest of her body, you just didn’t see

the private parts, correct?

A I didn’t see her private parts, I seen her whole

body from her legs up.

MR. SMITH: Thank you. No further questions.

THE COURT: Mr. Cocheo? Any questions based

on that information?

MR. COCHEO: May I have one second, Your Honor?

(Pause)

MR. COCHEO: No further questions, Your Honor.

THE COURT: Anything further?

MR. SMITH: No.

THE COURT: Thank you for coming in.

THE WITNESS: You are welcome.

THE COURT: I appreciate it.

MR. SMITH: The state would call _______

_____________.

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230

J U L I E A M E R O,

___ ______ ______ ____, _______, ___________, the

defendant, having been duly sworn by the clerk, was

examined and testified as follows:

DIRECT EXAMINATION

BY MR. COCHEO:

Q Ms. Amero, where do you currently reside?

A ___ ______ ______ ____, _______.

Q Are you married?

A Yes, I am.

Q How long have you been married?

A Five years.

Q What is your highest level of education?

A I have a degree in special education as well as a

degree in kindergarten through twelfth grade.

Q Have you ever completed any special courses or

training?

A I am NAEYC accredited. I can open and close day

care.

Q How long have you been a substitute teacher?

A Four years.

Q Have you ever been a substitute teacher for the

public schools in Norwich?

A Yes.

Q Which ones?

A Teachers’ Memorial and Kelly Middle.

Q How many times would you say that you taught at