Page 218
1	Your Honor, we call the defendant, Mr. Toma.
2	THE COURT: Okay. Mr. Toma raise your right
3	hand. Do you swear to tell the truth, the whole truth,
4	and nothing but the truth, so help you?
5	THE WITNESS: Yes, I do.
6	THE COURT: What is your complete name, please?
7	THE WITNESS: My name is Adil G. Toma.
8	THE COURT: Thank you. Mr. Toma, please sit
9	here. Ma'am, why don't you go right around back here and
10	you can sit next to him, okay.
11	ADIL G. TOMA
12	having been duly sworn, was called by the defense at
13	15:43:20 and testified as follows:
14	DIRECT EXAMINATION
15	BY MR. SCHWARTZ:
16	Q Good afternoon, Mr. Toma. I'd ask you to introduce
17	yourself to everybody but I think they know who you
18	are?
19	A My name is Adil G. Toma.
20	Q Mr. Toma, you're the defendant in this case?
21	A Yes
22	Q And you've asked me--you told me you want to tell
23	your story about the incident of that evening, is
24	that correct?
25	A Yes.
	Page 219
1	Q And Mr. Toma, you're fully aware that you don't
2	have to tell anybody anything?
3	A Yes.
4	Q And you've heard Mr. Howard in the beginning tell
5	the jury that we don't have to do anything at all.
6	That the case has to be proven beyond a reasonable
7	doubt by the Prosecutor, right? You heard all
8	that?
9	A Yes.
10	Q And you know that you have the right to remain
11	silent. That is correct, is it not?
12	A Yes, I know that but I want to talk about
13	everything.
14	Q Okay. Do you know a woman named Margo Divita?
15	A Yes.
16	Q Did she ever live in your house?
17	A Twice.
18	Q Okay. And how did she come to live in your house
19	the first time?
20	A She used to have a boyfriend. His name is Jerry
21	Dunsend (sic). She put him in a jail to many
22	times. 27 of June of 1993. 28 June, 1993.
23	THE WITNESS: 27th, Jerry Dunsend go to jail.
24	Q Excuse me, Mr. Toma. So, how did she come to live
25	in your house?
	Page 220
1	A On 28th, June 1993, She came to my house at 10:00
2	at night after I came back from work. She told me
3	I want to stay with you. I told her for what you
4	want to stay with me. She told me as a girlfriend.
5	Q So, did you let her move in?
6	A Yes. I told her to come.
7	Q Did anybody else move in with her?
8	A Her children, Angela and Mike.
9	Q So, how long did she stay with you then?
10	A 12 days.
11	Q And during those 12 days, what was your
12	relationship with her?
13	A It's like a husband and a wife. We used to sleep
14	with each other. It's the relationship between a
15	husband and a wife.
16	Q Okay. And after 12 days she moved out, right?
17	A After I kicked her out from my house.
18	Q All right. So, you made her leave?
19	A Yes.
20	Q Okay. And how did you make her leave?
21	A She stole my checking book. And if you're not
22	leaving this house within three days, I will call
23	the police.
24	Q And did she move out?
25	A She waited and she told my I don't have money to
	Page 221
1	pay for the rent. I told her I will pay for your
2	rent.
3	Q And where did she move, if you know?
4	A It's in an attic on Bernard, Hazel Park and 8 Mile.
5	Q Okay. And did you see her from time to time when
6	she was living on Bernard in Hazel Park?
7	A After she moved out from my house, she didn't give
8	me my house key. She used to come everyday to my
9	house and taking some stuff. So, she didn't leave
10	me with any choice, just to change the locks. I
11	took out the locks so they can change the keys.
12	Q And was there ever a time when she moved back into
13	your house, Mr. Toma?
14	A Before she moved in for the second time, she moved
15	over to Chris and then Chris kicked her out. She
16	came over to my house and she told me I'm in the
17	street and I told her for what. She said Chris
18	stole my money.
19	Q Did she then move back in with you?
20	THE WITNESS: Yes. August 22, 1993. Tuesday.
21	And what were the living arrangements when she
22	moved back in?
23	A The same as a girlfriend and boyfriend.
24	Q Did she stay in your room?
25	A The same bedroom and the same bed.
	Page 222
1	Q Did she ever give you any pictures of herself and
2	herself and her children? Photographs?
3	A She didn't give me the picture but she hanged it up
4	on the mirror on the dresser. The picture on the
5	table and other two pictures. She wears the same
6	dress but just the pose is different on the other
7	two pictures.
8	Q Did you help her with food?
9	A We used to cook together and I used to spend money
10	on the food.
11	Q Okay. Did you ever help her support her children?
12	A Yes.
13	Q Did you ever buy them anything?
14	A Yes.
15	Q What did you buy them?
16	A Toys and clothes. I used to take them to the
17	restaurant and to the State Fair. Everything.
18	Q Did she ever use your vehicle?
19	A Yes. Always.
20	Q Did she have a vehicle of her own?
21	A Yes. After three days the car stopped.
22	Q Did she--strike that. You've indicated that she
23	used your vehicle everyday, how did you get back
24	and forth to work?
25	A She used to drop me off to work. After I finish
	Page 223
1	work, I call her. She will come inside the store
2	to shop for whatever we need at the house and then
3	we come back together.
4	Q Was there a time when you asked her to move out of
5	your house? Excuse me, in October?
6	A I told her a vacant notice from the court to leave
7	my house. Oak Park.
8	Q And why was that?
9	A Many reasons.
10	Q I ask you to look at this and tell me if you
11	recognize it?
12	A It's a notice--this is the second notice. The
13	first notice, she stole it from me. The police
14	attend the K-Mart on 10 Mile and Dequindre and took
15	Margo in their car. The second day...
16	Q Did she eventually move out?
17	A No.
18	Q She did move out--at some point, she did move out
19	of your house, didn't she?
20	A The first notice, she didn't move out.
21	Q But she did move out?
22	A Yes, after I told her I will be your boyfriend and
23	I will come everyday to visit you and to pay the
24	rent.
25	Q So, she moved out of the house. Correct?
	Page 224
1	THE WITNESS: Yes. 23, October, 1993.
2	Sorry. On 27, October, 1993.
3	Q Did you buy her children anything that year?
4	Anything special that year around that time?
5	A Everything. Clothing, toys. Before the Halloween,
6	she used--she was still living with me. We went to
7	Perry together on 9 Mile and Coolidge. I bought a
8	mask. It's a clear mask. The one you have in the
9	court and a costume for Angela. And for Margo, she
10	bought--Margo bought a hair dryer and make-up,
11	lipstick, nail polish, powder, mascara.
12	Q When Margo moved out, where did she move?
13	A On 8 Mile in Hazel Park.
14	Q Did you ever go visit her on 8 Mile in Hazel Park?
15	Everyday until November 11, 1993.
16	Q So, you visited her everyday from the day she moved
17	out? That was October 27 until November 11, 1993?
18	A Yes. And I used to sleep over in her house.
19	Q And then what happened on November 11, 1993?
20	A After I left my work, which was late, I think it
21	was 10:00 at night, I knocked on the door, she
22	opened the door for me. She was wearing a short
23	slip without underwear. I entered the house. I
24	found John and Don and they were drunk and Margo
25	was drunk, too. She wants to dance with me. I
	Page 225
1	pushed her. She said, why. I don't like to see
2	your face.
3	Q That's what she said to him?
4	A That's what I said to her.
5	Q All right. And then you didn't see her again?
6	A I left the house and I didn't see her and I didn't
7	go over her house anymore.
8	Q Did you ever ask her to marry you?
9	A No.
10	Q And you're in this country legally?
11	A Yes.
12	Q Been employed the whole time you've been here?
13	A Yes.
14	Q What happened on the day of the incident?
15	A After I came back from work, I think it was 3:00,
16	Margo came over. She opened the door because she
17	has the set for my house. She told me . . .
18	THE WITNESS: ...today you'll sign paper...
19	A today you're going to sign paper...
20	THE WITNESS: ...for your house...
21	A ...for your house...
22	THE WITNESS: ...and your cars...
23	A ...and your car...
24	THE WITNESS: ...and I'll take all your money
25	6CC13VCR - 21 A - February 9, 1995 - 16:03:42
	Page 226
1	in bank...
2	A and I'm taking all your money in the bank...
3	THE WITNESS: . . . and all my furniture in my
4	house
5	...and the furniture in the house...
6	THE WITNESS: and you take your clothes out.
7	A and take your clothes and get out.
8	Q And then what happened?
9	A I told her no way.
10	Q And did she leave the house?
11	A She was upset, she left the house and she took my
12	car.
13	Q How did she get your car?
14	A She has another set for my car.
15	Q A set of keys? Is that what he's referring to?
16	A A set of keys, yes.
17	Q Okay. And she left?
18	A Yes.
19	Q And what did you do then?
20	A I stayed at home.
21	Q And did anything happen later on in the afternoon
22	or early evening?
23	A At 7:00, she came back home to my house in a
24	different car.
25	Q What did the car look like?
	Page 227
1	A It's the same color of the sky.
2	Q Okay. And then what happened? Was anybody in the
3	car with her?
4	A Her kids.
5	Q And then what happened?
6	A She told me--she opened the door and she told me,
7	your car is broke. I told her where. Steve took
8	the car to get it fixed. She told me to go over
9	with her to her house.
10	Q And did you go to her house?
11	A Yes, I went with her.
12	Q And what happened, if anything, at her house, when
13	you arrived there?
14	A She opened the door, I took Mike with me inside.
15	Inside her house. We entered the house.
16	Q And then what happened?
17	A I was sitting, waiting for Steve to bring my car.
18	Angela came to play with me and Mike. Angela
19	brought the mask, you have it in the court. There
20	was tape on the mask. It was a wire tape on the
21	mask. The wire tape was made from a black cloth.
22	And we played together and I hold the mask. Why
23	the tape was on the mask. She told me my mom put
24	the tape on the mask to scare my friends.
25	Q And then what happened? Did anything happen later
	Page 228
1	on in the evening?
2	A I stay and then Mike--his mom took him to the
3	bedroom. Then Angela went to the bedroom. I was
4	sitting on the couch next to the window and Margo
5	was sitting on the other couch facing the window-
6	across from the window.
7	Q Was anybody else in that house at that time besides
8	Margo, Mr. Toma and the two children?
9	A Nobody.
10	Q Did anybody arrive at the house later on?
11	A Around 10:00 at night.
12	Q What happened? Who arrived?
13	A Cherry arrived.
14	Q Did Steve ever come back?
15	A After Cherry, within 10 minutes to 15 minutes,
16	Steve came.
17	Q And did you get your car?
18	A I told him where is my car. He said your car and I
19	said yeah. Margo told me your car was broke and
20	Steve took the car to get it fixed. Steve said she
21	is a liar. Steve told me on the 28th, I told you
22	about Margo. Margo heard Steve and she was upset.
23	I didn't tell you you're car was with Steve but I
24	told you you're car was with John.
25	Q And then what happened?
	Page 229
1	A After that, John enter and then was holding a
2	gunshot, a small gunshot, black.
3	Q And then what happened?
4	A After John, Jim, Rose--they stood in front of the
5	door, inside.
6	Q And then what happened?
7	A Suddenly, John told me, give me $3000.
8	Q And what happened?
9	A I told him, for what.
10	Q And then what happened?
11	A He told me Margo is your girlfriend. I gave her
12	cocaine for this much money.
13	Q I'm confused. Who said they gave her cocaine?
14	A John.
15	Q And then what happened?
16	A I told him Margo used to be my girlfriend, now it's
17	nothing. She's not my girlfriend anymore.
18	Q And what happened?
19	A You must pay $3000. I told him it's too late at
20	night and you know the bank close at 4:00. I
21	cannot go to the bank now and withdraw money and I
22	don't have this much money with me. Let's postpone
23	it until tomorrow.
24	Q And what happened then?
25	A He told me to take this paper and sign it.
	Page 230
1	Q Do you know what paper that was?
2	A No. I cannot read very well. Even if I read it, I
3	don't understand it. I ask him about the paper and
4	he told me just sign and tomorrow you will bring me
5	$3000 and I will give you back this paper. I don't
6	want to sign it.
7	Q And what did you do with the paper?
8	A He handed it to me and I smashed it and I throw it
9	at his face.
10	Q And did anything happen after that?
11	A He pulled his gun and Steve was standing next to
12	him to the right. He hold his hand.
13	Q Who's hand did Steve hold?
14	A Steve hold John's hand like this way. Margo starts
15	screaming.
16	Q And then what happens?
17	A Margo said kill him outside. During this time, Don
18	hold his shotgun and he start hitting John on his
19	head, the end of the gunshot--with the end of the
20	gunshot. Jimmy came to hit me and I smacked him
21	with my two hands very hard.
22	Q Was that inside or outside?
23	A In front of the door, but inside.
24	Q And then what happened?
25	A The blood start coming out from Jimmy and he run.
	Page 231
1	He left. He went outside and I didn't see him. I
2	start fighting with Rose until we went outside the
3	house. It's on the concrete, you know, like on the
4	cement when you go to the front of the house.
5	Q Were you scared?
6	A No.
7	A What did you do?
8	A I was fighting with Rose, a fist fight.
9	Q And then what happened?
10	A I heard a shot very close to Margo front door.
11	Cherry get out and then she said John kill Steve.
12	After that
13	Q What happened?
14	A After that, John came out and I was still fisting
15	with Rose. John came out and was holding a black
16	gun. The gun hold nine shots. After the one, I
17	heard three shots and they came from the same spot
18	John was running to Don Andrews (sic).
19	Q And then what happened?
20	A After that, Don came out and he wants to hit me
21	with the end of the shotgun like he did hit Steve.
22	And we start fighting with Rose and Don.
23	A Was there ever a time when you left?
24	Q I couldn't get away from them. I didn't have time
25	to get away from them. I hit Don with my foot and
	Page 232
1	I hit him in the area between the male part. He
2	fell down. After he fell down, I could escape.
3	Q And what did you do when you escaped? How did you
4	escape?
5	A Rose was the only one I was fighting with and Don
6	was on the ground and I withdrew. I was hit by the
7	shotgun. I was running but not fast running. I
8	didn't know where was my car. After I passed five
9	to six houses from Margo's house, I found my car.
10	I switched to the other side--after I saw my car, I
11	changed direction. I opened the door, I pulled my
12	car keys from my pocket. I drove my car without
13	putting the lights on.
14	Q Which way did he--ask him which way he went,
15	please?
16	A When I reached the West End, I took to the left on
17	8 Mile Street. Before I crossed 8 Mile, I stopped.
18	I was looking for the other cars to see if they
19	were coming. During this time, I turn on my lights
20	and I crossed 8 Mile.
21	Q And where did you go after you left?
22	A Wyoming, Rosewood.
23	Q Are those the same streets?
24	A I make a left on Troy.
25	Q So you went home?
	Page 233
1	THE WITNESS: Yes.
2	Q Did you do anything at home?
3	A I stayed home.
4	Q For how long?
5	A I opened the refrigerator and I had one beer. I
6	start drinking it. After I finished, I felt
7	hungry. I took the car again and I went to 7 Mile
8	to a restaurant called Bahi (sic). I ate dinner.
9	A kabob. After that--after I ate my dinner, I went
10	back home and I bought a case of beer, 24 cans.
11	Went home and I stayed home and I drank another
12	beer. After that I went to my bedroom and slept.
13	Q And nothing else happened until you were arrested
14	the next day?
15	A The second day, I get up at 6:30 in the morning. I
16	shave and ate my breakfast. I drove my car to go
17	to work. After I crossed Rosewood and Wyoming, I
18	saw police cars behind me. I pulled over to the
19	right because I thought there was an emergency.
20	Still, I found the police were chasing me, so I
21	stopped. After I stopped, I found the police
22	holding the gun. One of the police told me to
23	lower the window down. I opened the window. He
24	told me get out. I took off the seat belt and he
25	told me to put my arms above my head. So, I did
	Page 234
1	what I was told.
2	Q All right. Do you smoke, Mr. Toma?
3	A Yes.
4	Q Do you smoke cigarettes in your car?
5	A Yes.
6	Q And do you smoke cigarettes in your car--and were
7	you smoking a cigarette in your car on or about the
8	time you were arrested by the police?
9	A Yes. And even when he put the cuffs on and around
10	my hand, the police told me to throw the cigarette.
11	MR. SCHWARTZ: I have no more questions at this
12	time, your Honor.
13	THE COURT: Thank you. We're going to take a
14	recess. Rise for the jury, please. Counsel? Ms.
15	Pendergast?
16	(at 16 28 50 - jury excused)
17	(at 16 29 00 - conference at bench)
18	(at 16 29 46 - conference at bench concluded)
19	(at 16 29 46 - court recessed)
20	(at 16 39 48 - court reconvenes)
21	(at 16 39 48 - jury returns)
22	THE COURT: Please be seated. Ms. Pendergast?
23	MS. PENDERGAST: Thank you, your Honor.
24	CROSS EXAMINATION
25	BY MS. PENDERGAST:
	Page 235
1	Q Can you ask the defendant what his education level
2	is?
3	A I have a Bachelor's Degree in Economic and
4	Political Science.
5	Q And isn't it in fact true, you were a banker in
6	Iraq? Ask him--is it in fact true, he was a
7	banker?
8	A Yes.
9	Q So, would he agree with the idea that he's a smart
10	man?
11	A Which way?
12	Q Intellectually?
13	A Yes. I have a lot of knowledge economically,
14	politically, commercially, international
15	relationships.
16	MS. PENDERGAST: Ask him if Margo speaks--I'm
17	sorry, are you translating in Arabic or Kaldean?
18	MS. ALMATCHY: Arabic.
19	BY MS. PENDERGAST:
20	Q Ask him if Margo speaks Arabic?
21	A No.
22	Q Ask him if he's telling this jury that Margo moved
23	in with him as boyfriend and girlfriend and she
24	spoke no Arabic and he speaks no English?
25	A Yes. I know how to speak English. Not very well.
	Page 236
1	Margo would understand me after I repeat it many
2	times and when she talks with me, I understand
3	partially and the rest, I put it on a piece of
4	paper and I will take it to the store to interpret.
5	Q So, he's saying all the conversations he's had with
6	Margo, he'd write them down and take them to the
7	store to be interpreted?
8	A Not everything.
9	Q He's telling this jury that Margo just came to his
10	house at 10:00 at night saying she wants to be with
11	him?
12	A Yes.
13	Q And they just began a sexual relationship?
14	A No. Before that day.
15	Q So, Margo--what he's telling this jury is him and
16	Margo were involved sexually before she came to his
17	house?
18	A Yes.
19	Q Okay. Ask him if it isn't true that he had his own
20	room with a big deadbolt lock on the door? The
21	bedroom?
22	A Yes. I put it after Margo was telling me I'm going
23	to kill you and I used the lock and I put a big
24	knife under my pillow. When I'm sleeping at night
25	so the door would not open easily. And if she
	Page 237
1	tried to break the door so I would wake up, in that
2	case, I have -the time to escape from the window.
3	If I cannot escape from the window, at least I can
4	defend myself.
5	Q So, he--ask him if he wants this jury to believe
6	that he was afraid of Margo?
7	A Lately. Because she used to hold gun against me
8	telling me I'm going to kill you because she wants
9	to take my house and my car and all my furniture
10	and the money I have in the bank.
11	Q So, Margo was going to take his furniture, take his
12	house, take the money he had in the bank and that's
13	when he became afraid of her, is that right?
14	A Yes.
15	Q Ask him if it isn't true that when he put that lock
16	on his bedroom door was after he started to steal
17	personal items from Margo such as underwear,
18	nightgowns?
19	MS. ALMATCHY: Excuse me. Him to steal from
20	her possession?
21	MS. PENDERGAST: Personal possessions,
22	underwear and nightgowns.
23	THE WITNESS (as interpreted): All her clothes
24	and all the makeup was in my bedroom because she lives
25	with me in the same bedroom.
	Page 238
1	BY MS. PENDERGAST:
2	Q So what he's telling this jury is that she lives
3	with him in the same bedroom but he put the lock on
4	the door and keeps a knife because he's afraid
5	she's going to kill him?
6	A After I cut the relationship with her in November
7	of 1993, I put the lock on the door. I think,
8	Monday, the 15th of November, 1993.
9	Q After she moved out?
10	A After she had left my house between 18 to 20 days.
11	She moved out on the 27th of October. I put the
12	lock on on the 15th of November, 1993, Monday.
13	Q Ask him if he's telling this jury that Margo wrote
14	checks on his account? Is he inferring that?
15	A Margo stole my checking book. The second day, I
16	went with my brother to the bank. I closed the
17	account and I opened another account.
18	Q Do you have the bank records to support that?
19	A My lawyer could ask my brother to support him with
20	these records.
21	Q Was Margo ever charged with stealing your check
22	book?
23	A I'm positively, 100%, that she stole my checking
24	book.
25	Q Tell him my question to him is, was Margo ever
	Page 239
1	charged with stealing his check book?
2	A Yes.
3	Q And ask him if there's a police report on file?
4	A No. Because I told her to move out within three
5	days but if she doesn't move within three days, I
6	will call the police.
7	Q Is he telling this jury that her car just happened
8	to stop just three days after she moved in?
9	A Her car--after she moved in with me, after three
10	days her car stopped. Exactly the 25th of August,
11	1993
12	Q Ask him if he's telling this jury that his
13	fingerprints got on the mask when his daughter-
14	when Margo's daughter came up to him the evening of
15	the murder? Is that what he's telling this jury?
16	A I didn't tell my fingerprints was on the mask but I
17	told I was playing with Angela with the mask.
18	Q Ask him how many times he's slept over the house on
19	Mear Street?
20	A I don't remember.
21	Q Ask him if he slept in the same bed with Margo and
22	Steve?
23	A I didn't see Steve and Margo sleeping in the bed.
24	Q Ask him, isn't it true that he wanted to be a
25	citizen?
	Page 240
1	A I don't have at all to become an American citizen
2	because I expect any day, any minute, to change the
3	political debauchery in Iraq so I can return back
4	home.
5	Q Ask him, isn't it true he made a statement to a Dr.
6	May Keller up in Ypsilanti?
7	MS. ALMATCHY: I didn't hear?
8	MS. PENDERGAST: Ask him, isn't it true he made
9	a statement to Dr. May Keller up in Ypsilanti?
10	MS. ALMATCHY: What is that. Can you explain?
11	MS. PENDERGAST: A statement he made to a
12	doctor, Dr. May Keller. Isn't it true he met with her
13	and made a statement?
14	THE WITNESS: (as interpreted) Who is the
15	doctor?
16	MS. PENDERGAST: Dr. May Keller.
17	THE WITNESS: (as interpreted) Is he a man or
18	a woman? Where is his clinic?
19	MS. PENDERGAST: Woman in Ypsilanti.
20	THE WITNESS: (as interpreted) I don't know
21	her. I don't remember.
22	BY MS. PENDERGAST:
23	Q Is he telling this jury he never went up to
24	Ypsilanti and had a talk with a doctor?
25	A What is Ypsilanti?
	Page 241
1	MS. PENDERGAST: A city near Ann Arbor.
2	THE WITNESS: (as interpreted) I don't know
3	where and I haven't heard of it. Is it me or somebody
4	else or did the department send me there or what?
5	BY MS. PENDERGAST:
6	Q Ask him if he's spoke to a female doctor about the
7	incident?
8	A Do you mean when my lawyer sent me to the hospital
9	for the second time?
10	Q For an evaluation?
11	A Yes. Do you mean the same doctor? This doctor?
12	MS. PENDERGAST: Correct.
13	THE WITNESS: (as interpreted) What is the
14	question?
15	BY MS. PENDERGAST:
16	Q So, he admits he talked to a female doctor?
17	A Yes. She asked me and I was answering her.
18	Q And does he admit that he gave her a version of the
19	incident on the 29th? A version of his actions on
20	the 29th?
21	A I didn't tell her anything on the 29th without my
22	lawyer.
23	Q Did he talk to her and give her a version of the
24	events at a later time?
25	A The things I explain now?
	Page 242
1	MS. PENDERGAST: I'm sorry?
2	THE WITNESS: (as interpreted) The things I
3	just explained?
4	BY MS. PENDERGAST:
5	Q Did he give a version of events to a female doctor?
6	A No. I just--I just talked to her and stopped her
7	not to ask me any questions about the incident.
8	Q Ask him, isn't it true that he went back to see her
9	a second time?
10	A Do you mean I wanted to go to see her for a second
11	time?
12	MS. PENDERGAST: No. He spoke with her.
13	THE WITNESS: (as interpreted) I didn't see her
14	for a second time.
15	BY MS. PENDERGAST:
16	Q Ask him if he's denying making a statement of his
17	actions on the 29th of November to Dr. Keller?
18	A What did I tell the Doctor?
19	Q Isn't it true that he told the Doctor that on
20	November 29th, he worked until 1:30 in the
21	afternoon?
22	MR. SCHWARTZ: Your Honor, I'm going to object.
23	I think we need the Doctor here to testify as to what he
24	said. He's denied that he made any statements to this
25	Doctor.
	Page 243
1	THE COURT: His last statement was what did I
2	say.
3	MS. PENDERGAST: This is cross examination.
4	THE COURT: I understand that. Counsel, the
5	last statement was, what did I say. That was an inquiry
6	and she's responding to that. On what basis, would you
7	claim that it's improper?
8	MR. SCHWARTZ: The Doctor is not here to
9	testify to what was said, your Honor.
10	THE COURT: But this goes to the issue of
11	impeachment. He's taking the stand.
12	MR. SCHWARTZ: I recognize that. But this
13	report was generated by a Doctor based on statements that
14	the Doctor's representing that he made.
15	THE COURT: And she is asking him if he's made
16	those statements.
17	MS. PENDERGAST: I have to lay that foundation
18	before I even bring the Doctor in, if I'm able to.
19	THE COURT: I'll overrule the objections.
20	Please continue.
21	MR. SCHWARTZ: Okay.
22	BY MS. PENDERGAST:
23	Q Isn't it true that he told the Doctor that on the
24	29th, he worked until approximately 1:30 in the
25	afternoon?
	Page 244
1	A Yes. Between 1 and 1:30.
2	Q Isn't it true that he told the Doctor that then he
3	went to the bank to cash his check and deposited
4	about $250?
5	THE WITNESS: Yes.
6	A Yes. My lawyer has the receipt.
7	Q Ask him, isn't it true that he told the Doctor that
8	he paid his telephone or electronic bill and he
9	went home, showered and cooked chicken in the
10	microwave?
11	A The day of the 29th?
12	MS. PENDERGAST: Correct.
13	THE WITNESS: (as interpreted) Yes. Because
14	the telephone bill was stamped on November 29th.
15	BY MS. PENDERGAST:
16	Q Ask him, isn't it true that he told the Doctor that
17	later in the evening at perhaps 10:00 p.m. that he
18	went to a go-go bar on 8 Mile Road and stayed there
19	for about two or three hours?
20	MS. ALMATCHY: Excuse me, counsel? Until what
21	time?
22	MS. PENDERGAST: He stayed there for two or
23	three hours.
24	THE WITNESS: (as interpreted) I don't
25	remember I said that.
	Page 245
1	BY MS. PENDERGAST:
2	Q Ask him if he told the Doctor he had two, three
3	maybe four beers; he sipped one beer per hour?
4	A I don't remember but the way I drink, you know,
5	when I drink one beer it will take me and hour to
6	an hour and a half to finish it up. But I don't
7	remember I said that to the Doctor.
8	Q Ask him, isn't it true that he denied to the Doctor
9	being at Margo's house that day?
10	A I just--I stopped the Doctor not to ask me anymore
11	questions about the incident. So, not to get
12	upset, like his partner did to me. He was upset
13	when he was asking me about the incident of the
14	29th and I was telling him, I don't want to answer.
15	He tried to leave the room more than twice...
16	MS. PENDERGAST: Excuse me. Your Honor, at
17	this time, I have an objection as non responsive. It's
18	not in response to the question.
19	THE COURT: Okay. Ask the next question,
20	please.
21	BY MS. PENDERGAST:
22	Q My question to him, isn't it true he told the
23	Doctor when asked if he had been at Margo's house
24	that night, "I don't remember, but I did not go"?
25	A I said 29th, I was over Margo's house and I explain
	Page 246
1	everything to the Doctor what happened but I
2	stopped her not to ask me anymore questions about
3	the incident.
4	Q Is his statement to this jury that he told the
5	Doctor all the details about the incident; about
6	Jimmy and John and Jerry and Rose and Steve, all
7	the People who were allegedly at that house?
8	MS. ALMATCHY: To the doctor?
9	MS. PENDERGAST: Correct.
10	THE WITNESS: (as interpreted) No, I didn't
11	say that.
12	BY MS. PENDERGAST:
13	Q He didn't say what?
14	A I didn't say--I did say Jimmy, John and I was over
15	Margo's house.
16	Q He told the Doctor that Jimmy, John and him were
17	over Margo's house?
18	A No.
19	Q Did he tell the Doctor anything about being at
20	Margo's house?
21	A I didn't understand your question.
22	Q Did he tell the Doctor anything about being over
23	Margo's house?
24	A No.
25	Q In fact, isn't it true he denied being at Margo's
	Page 247
1	house on the 29th to the Doctor?
2	A I didn't tell the Doctor anything about the
3	incident to the Doctor.
4	Q Isn't it true he denied being at Margo's house?
5	A To who?
6	Q To the Doctor?
7	A I did not speak anything about the incident that
8	happened on the 29th of November, 1993.
9	Q Ask him, if the tape had to be peeled off the
10	inside of the mask, how his fingerprints got on the
11	sticky side?
12	A I stayed more than 10 minutes and Angela was
13	playing with the mask. She was putting it over my
14	face. Sometimes I put the mask over Angela's face,
15	holding it in my hand. Sometimes on Mike's face.
16	Q Ask him if he understands he's under oath?
17	A Yes.
18	MS. PENDERGAST: Nothing further.
19	THE COURT: Any other questions?
20	REDIRECT EXAMINATION
21	BY MR. SCHWARTZ:
22	Q Mr. Toma, you were asked a number of questions
23	about seeing a doctor. That is correct, isn't it.
24	A Could you repeat the question again, please?
25	Q You were asked a number of questions about
	Page 248
1	statements you made to a doctor?
2	A The first time? The doctor from the first time?
3	MR. SCHWARTZ: The second time.
4	THE WITNESS: (as interpreted) She was
5	insisting. She was repeating the questions to many times
6	and because I don't want her to get upset, I just told
7	her I don't want to talk about it. And I told her I
8	wasn't over Margo's house on the 29th of November, 1993.
9	MR. SCHWARTZ: I don't have any other
10	questions, Your Honor.
11	THE COURT: Thank you.
12	MS. PENDERGAST: Nothing further.
13	THE COURT: Thank you. You may step down. Any
14	further witnesses?
15	(at 17:08:30 - witness excused)
16	MR. SCHWARTZ: No, your Honor.
17	THE COURT: Rest?
18	MR. SCHWARTZ: We rest, yes.
19	THE COURT: Ladies and gentlemen of the jury,
20	tomorrow--Counsel, I want both of you in here at 8:30.
21	We'll go over the jury instructions, we'll decide what
22	else has to be done so that you don't have to wait. Jury
23	instructions are the law that you are to follow. We'll
24	prepare a packet for you and it will take some time.
25	I want you all to be in here at 9:30 tomorrow.