|Editions | myCNN | Video | Audio | Headline News Brief | Feedback||
Ray Lewis Testifies at Murder Trial of Former Co-DefendantsAired June 6, 2000 - 10:24 a.m. ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Want to take you inside the courtroom now here in the city of Atlanta, Ray Lewis about to take the stand, being sworn in here. Testimony to be given today, this in exchange for a plea agreement that Ray Lewis and his attorneys worked out with prosecutors over the past 48 hours.
What we believe will happen today, quite possibly, is the playing of a videotape that was recorded with prosecutors on Sunday afternoon. It is expected on this videotape that Ray Lewis will say that he saw two men, Joseph Sweeting, Reginald Oakley, associates of his, punching victims in the body. The prosecutors contend, the attackers hid knives inside their fists.
We listen now.
(JOINED IN PROGRESS)
PAUL HOWARD, DISTRICT ATTORNEY: Glad to have you back.
RAY LEWIS: And Ray Anthony Lewis Jr.
HOWARD: Mr. Lewis, what is your age?
HOWARD: And where do you live?
LEWIS: Baltimore, Maryland.
HOWARD: And what is your occupation?
LEWIS: Professional football player for the Baltimore Ravens.
HOWARD: And how long have you been a professional football player?
LEWIS: Four and a half years.
HOWARD: What position do you play with the Baltimore Ravens?
HOWARD: I'd like to ask you, did you at any time attend the Super Bowl game or the festivities surrounding the Super Bowl that occurred in Atlanta on this January of the year 2000?
HOWARD: And how did you get from your home in Baltimore to Atlanta?
LEWIS: I took a limousine. Me and Duane Fassett drove down, me and him.
HOWARD: And on what day did you leave Baltimore?
HOWARD: And where did you go once you left Baltimore?
LEWIS: I went to -- it was a bad ice storm, so we went to -- we drove to North Carolina. It took us a good 12 hours to get there because the roads were so bad, and we drove there to a hotel to pick up my friend, Kwame.
HOWARD: You indicated -- you mentioned the person who was with you in the limousine. What was his name?
HOWARD: Before you picked up Kwame, who was in the limousine with you?
LEWIS: Just me and Duane Fassett.
HOWARD: And when you picked up Kwame, was there anyone else with him at that time?
LEWIS: Yes, there was two other females with him.
HOWARD: And do you know the name of those two females?
HOWARD: And how long did you stay in Charlotte?
LEWIS: We really didn't stay. We picked them up and then kept driving to Atlanta.
HOWARD: When did you actually arrive in Atlanta?
LEWIS: Wednesday morning.
HOWARD: And do you recall about what time it was?
LEWIS: Not exactly. I can't tell you what exact time we got here.
HOWARD: Where did you go, once you arrived in Atlanta?
LEWIS: I went to the Georgian Terrace, where I had previously I got a room, and I came in and went and checked in.
HOWARD: Do you recall the room number of the room that you checked in?
HOWARD: Was anybody staying with you there at that room?
LEWIS: At the time, when I was first checked in, it was just me and Kwame staying there.
HOWARD: Now, that was on Wednesday morning?
HOWARD: And did you remain in Atlanta on Wednesday night?
HOWARD: And did you have anyone else to join you at your room at the Georgian Terrace?
HOWARD: Now, were you in Atlanta on the next day, which would have been Thursday?
HOWARD: And did you have anyone to join your party at that time?
LEWIS: I'm trying to see if I'm sure if it was Thursday or Friday that Joseph joined my party at that time.
HOWARD: And when you say Joseph, who are you talking about?
LEWIS: Joseph Sweeting.
HOWARD: And the person that you called Joseph Sweeting...
UNIDENTIFIED MALE: (OFF-MIKE)
HOWARD: And is that the defendant on trial?
HOWARD: How long have you known Joseph Sweeting?
LEWIS: Give or take four years.
HOWARD: And the limo that you talked about, has he ever ridden in that limo with you?
HOWARD: How many times would you estimate? LEWIS: Give or take 15 or 20.
HOWARD: When the defendant Joseph Sweeting arrived, did he stay in the room with you?
LEWIS: He stayed there I think one night. But then he staying, you know, like other place too. So he was probably there one night probably out of the whole weekend probably.
HOWARD: Did you have anyone else to join you on Thursday or Friday at your room?
HOWARD: And how about on Saturday, the Saturday before the Super Bowl?
LEWIS: Yes. At that time, Joseph was over me. Kwame was over. Reginald Oakley joined us then. And I think that was pretty much it at that time.
HOWARD: And do you recall when it was that Reginald Oakley joined you?
LEWIS: It was probably more like either Friday or Saturday. I am not sure exactly what day he came in. But I knew I think I saw him, like, Saturday because I think we went out together.
HOWARD: The person that you know as Reginald Oakley, is he in court today?
HOWARD: And would you point him out?
LEWIS: The guy right there sitting between Bruce Harvey and -- the guy with the blue suit on and the glasses.
HOWARD: How long had you known Reginald Oakley before this, the date that he joined you in Atlanta?
LEWIS: Give or take a year, and a half.
HOWARD: And had he -- the limousine that you spoke of, had he rid with you in that limousine before?
LEWIS: Yes. Yes.
HOWARD: And how many previous times?
LEWIS: Two to three, if that.
HOWARD: Now, on this Saturday before the Super Bowl, did you ever get involved in an autograph signing session?
LEWIS: Yes, I had autograph signing through the NFL on the Saturday of January 30.
HOWARD: And where did that take place?
LEWIS: Sports Authority.
HOWARD: Do you know where that Sports Authority was located?
LEWIS: No, no.
HOWARD: How did get to that location?
LEWIS: My limousine took me.
HOWARD: And again, was this Duane Fassett, as you...
HOWARD: And who went with you, as you went to the Sports Authority?
LEWIS: Me, Kwame King, Joseph, and Reginald Oakley.
HOWARD: And would you indicate to the jury what happened once you arrived at the autograph signing session?
LEWIS: We got to the autograph signing and it was raining that day kind of bad, and when we got there, there was line of people sitting there, and we pulled up and I went and spoke to the manager briefly. And I told him that. He told me, actually, that I didn't have to be there long, for the whole amount of time, that I can stay there for about an hour, if that. And I agreed to that. I sat down at the table.
HOWARD: And how long did you end up staying at that location?
LEWIS: About an hour.
HOWARD: Now. you indicated there were several people with you.
HOWARD: Let's start with Kwame. What was he doing during the time that you were these signing autographs.
LEWIS: He was standing at my left, immediately to my left, right above the table.
HOWARD: And could you point to some object in the court room and show us how close he was to you.
LEWIS: He was probably standing where the court reporter is right here.
HOWARD: And how about the other people with you?
LEWIS: Joseph and Reginald were standing behind me briefly. HOWARD: And what do you mean by briefly?
LEWIS: They was there for about five minutes -- five or 10 minutes when I first got there. Them they veered off in the back whenever and did whatever.
HOWARD: Were you able to see where, if any place, they went?
HOWARD: Did you meet or see anyone that you recognized while you were at the autograph signing session?
LEWIS: Yes, my childhood friend Gerald Burton (ph) came in, him and his brother. And it was a great greeting because I hadn't saw him in years. And he came in, and I greeted him. I got up and gave him a hug, gave his brother a hug, and then I told them: Let me finish handling this business, and then I will speak to you guys them. And I sat back down.
HOWARD: Did you get a chance to talk with them?
HOWARD: Do you recall whether or not at the time that you left, they were still at the autograph signing session?
LEWIS: Yes, they were still there.
HOWARD: And did you exchange any kind of information with them?
LEWIS: Yes, I exchanged my phone number.
HOWARD: And how did you go about doing that?
LEWIS: When I got up from the table, I was walking off, and Kwame had a picture of photos that was left over from the autograph session, and I asked them. Gerald said: Let me get your number. I said, no, just give me yours. And he was like, no, I don't want to give you mine because I know you ain't going to call me. So I was like, all right, I give you mine.
And Kwame said, here is a picture. And he was like no, don't give me that picture because I just want you to sing that picture. I said, I don't have no paper to sign on. So I was looking for a piece of paper, then I reached back, and I think either Joseph or Oakley, I am not sure exactly who it was gave me a piece of paper to write on.
HOWARD: And did you write on the piece of paper?
HOWARD: And what did you write?
LEWIS: I wrote my pager number and I wrote my cell phone number. HOWARD: I like to show you what has previously been marked and admitted as state's expect number 7. I would like for you to look at that document and you indicate whether or not you recognize that document?
LEWIS: Yes, I recognize that document.
HOWARD: And how do you recognize that document?
LEWIS: This is a document I wrote my name on and gave him my phone numbers.
HOWARD: Once you wrote your name on that document, what did you do at that time?
LEWIS: After I wrote my name on it, Kwame wrote his numbers on there too, and we give them to Gerald. And from there, we went back to limo and left.
HOWARD: Who got back in the limo?
LEWIS: Me, Kwame King, Joseph Sweeting and Reginald Oakley.
HOWARD: When you got in the limo at that time, where were you seated in limo?
LEWIS: On the back right-hand side.
HOWARD: And do you know where the defendant, Joseph Sweeting, was seated?
LEWIS: He was sitting like directly in front of me under the side seat.
HOWARD: And the defendant, Reginald Oakley?
LEWIS: To the left of me on the side seat.
HOWARD: Did you all have any conversation at that time?
HOWARD: And what was it about?
LEWIS: It was about some knives that they had purchased.
HOWARD: And what was that conversation?
LEWIS: Nothing really. We they got back in the car they was like: Hey, man, check these knives out, and they tossed me one of the knives and I caught the knife. And I was like: Man, you all are tripping with these knives. So I tossed the knife back and that was it.
HOWARD: I would like to show you what has been marked state's evidence 340. I would like you to look at it and would you indicate whether or not you recognize that item.
HOWARD: And what do recognize state's exhibit number 340 as?
LEWIS: That is similar to the knife that they had purchased from the Sports Authority.
UNIDENTIFIED MALE: Excuse me. I object to the use of "they" because we know from prior testimony that "they" didn't purchased it.
HOWARD: Ask the question again. Mr. Lewis, would you tell us, who is that you saw what you have identified as being similar to what you saw on that day, who did you see with that knife?
LEWIS: I saw Joseph Sweeting, and I saw Reginald Oakley with the knives.
HOWARD: And they were both handling that knife similar to the one that is before?
UNIDENTIFIED MALE: The leading nature of that question.
JUDGE ALICE BONNER, FULTON CO. SUPERIOR COURT: Do you want to rephrase?
HOWARD: Were they both handling the knife that you have identified as state's exhibit 340?
HOWARD: You indicated that you -- the knife was thrown to you, and what did you do with the knife -- how long did you hold the knife?
LEWIS: I held it give or take 30 to 40 seconds.
HOWARD: And what happened once you passed the knife back?
LEWIS: That was it basically.
HOWARD: Was there any other conversation about the knife on that day?
HOWARD: Now, that took place on the Saturday before the Super Bowl?
HOWARD: And now let's go to the day that the Super Bowl actually took place, then January 30, did you attend the Super Bowl?
HOWARD: Did you watch the Super Bowl? LEWIS: Yes.
HOWARD: And where did you watch the Super Bowl?
LEWIS: Over at Marty Carter's house.
HOWARD: How did you get to Marty Carter's house?
LEWIS: By limousine.
HOWARD: And who went with you to Marty Carter's house?
LEWIS: Me, Joseph and Kwame.
HOWARD: How long did you stay at that location?
LEWIS: We was there until the game started. I mean, when the game started. And we left about an hour after the game was over, three, four hours.
HOWARD: When you left, do you recall about what time of the night or day it was?
LEWIS: Probably around 11:30, 12:00.
HOWARD: Who was with you when you left?
LEWIS: Me, Kwame, Joseph and Jessica.
HOWARD: So now there's another person with you, Jessica?
HOWARD: When did you -- do you know Jessica's full name?
LEWIS: Jessica Robertson.
HOWARD: And when did you meet Jessica Robertson?
LEWIS: I met her at the Wednesday night at the Cobalt Lounge at a party.
HOWARD: Was that the first time you had ever seen her?
HOWARD: So once you saw her on Wednesday, when was the next time you saw her after that?
LEWIS: Either Thursday or Friday at Magic Johnson's party. He had a celebrity party, and I think it was Thursday or Friday I saw her out at another party.
HOWARD: So you saw her, this had been about a total of what about three different occasions?
LEWIS: Probably four.
HOWARD: Four different occasions. Did you talk to her on the telephone?
HOWARD: And how many times did you talk to her on the telephone?
LEWIS: Many times, just brief conversations.
HOWARD: On the day that she was riding in the limousine after the Super Bowl, how would describe your relationship with Jessica Robertson?
LEWIS: She was cool. She was a beautiful woman I had met that Wednesday night, and we just started kicking it.
HOWARD: What do you mean by "kicking it"?
LEWIS: Kicking it, meaning having a good time together, just enjoying the festivities of the Super Bowl?
HOWARD: Once you left the party at Marty Carter's, how many people were in the limousine with you?
LEWIS: Me, Kwame, Joseph, and J.; four.
HOWARD: And where did you go after that?
LEWIS: Back to a hotel rooms at the Georgian Terrace.
HOWARD: And what was the purpose of going back to your hotel room?
LEWIS: To change clothes.
HOWARD: And what were you changing clothes for?
LEWIS: In the mid-day I have on a certain type of clothes, and then at night I change clothes to put on a different suit.
HOWARD: Now, what time did you arrive back at your room at the Georgian Terrace?
LEWIS: 12:00, 12:15, something like that.
HOWARD: What happened once you got there?
LEWIS: We got there and we -- everybody started -- I started changing clothes. All of us started changing clothes and we was getting ready to leave and Reginald Oakley pulled up, came in the room. And he was saying that he had just went to the game. He was very excited, very -- he was showing us a lot of things. I was like, wow. And then I told him, I said, I don't -- I wouldn't go to the Super Bowl game unless I'm playing in it. And that's basically the way that went. HOWARD: Did you all ever leave the room on that night?
HOWARD: And about what time did you leave?
LEWIS: About 12:45, 1:00.
HOWARD: And who were the people that left with you?
LEWIS: It was me. Joseph, Jessica, Kwame, Reginald, Keiva (ph), Evelyn, and that was it.
HOWARD: Now, while you were at the room, did you see anybody else? Did anybody else come to your room?
HOWARD: Other than the people that you've named?
HOWARD: Now, let's start with Keiva. Could you tell the jury what she was wearing on that night?
LEWIS: I can't tell you exactly what Keiva was wearing. I didn't pay that much attention to Keiva to pinpoint exactly what she was wearing that night.
HOWARD: And how about Evelyn?
LEWIS: Evelyn, same thing. I couldn't tell you what Evelyn was wearing either that night.
HOWARD: Let me just ask you, when you saw Keiva and Evelyn on that night in your room, was that the first time you had seen her?
LEWIS: I had saw them with Jessica out on previous occasions, but never just stood there and talked to them. So when they came up -- actually, at Marty Carter's house, she introduced them again. And then when they came to the room, that was the first time we actually sat there and talked to each other, really.
HOWARD: Can you tell us what Jessica Robertson was wearing?
LEWIS: She had on like a jean outfit, a blue jean outfit. The jeans matched the jacket.
HOWARD: Can you tell us what Kwame was wearing?
LEWIS: Kwame had on like all black, like a turtleneck, sweater, all black and just boots of some sort.
HOWARD: And when you say all black, do you mean were the pants that he was wearing, were they black?
LEWIS: Yes, everything was black.
HOWARD: Do you -- can you tell us the material that the pants and the top were made out of?
LEWIS: Probably a leather, patent leather or either leather.
HOWARD: Was he wearing anything on his head?
LEWIS: Yes, he had a black hat on.
HOWARD: And what kind of hat was it that he was wearing?
LEWIS: I couldn't tell you what type it was?
HOWARD: Do you remember the design of the hat?
LEWIS: Similar to a cowboy hat, but it was more casual.
HOWARD: The defendant, Reginald Oakley, what was he wearing on that night?
LEWIS: He had on like a patent leather brown outfit with a black shirt, with a black hat on, with, I think, like a scarf on his head. And the black hat complemented the black shirt. So that's what made it, like, match.
HOWARD: Were you able to determine the kind of material that his clothing was made of?
LEWIS: Probably another leather, patent leather, similar to Kwame's.
HOWARD: How about Joseph Sweeting? What was he wearing that night?
LEWIS: Like blue jeans, I think a blue and plaid -- blue and gray plaid shirt with a hat on. It was like a hat that matched the shirt and stuff.
HOWARD: I'd like to show you what has previously been marked as state's exhibit number 46. I'd like for you to look at this hat. And would you indicate whether or not you recognize it?
LEWIS: Yes, I recognize it.
HOWARD: And what is state's exhibit number 46?
LEWIS: That's the hat Joseph had on that night.
HOWARD: Now what were you wearing on that night?
LEWIS: I had cream suit with big blocks, like black lines in it. I had a mock-neck sweater. I had a Stetson hat on and I had a full- length coat -- black mink coat.
HOWARD: The suit that you were wearing was -- was it predominantly a dark or a light suit?
LEWIS: Very light.
HOWARD: Now, since you've been in court, you have observed the state show the suits in these bags...
HOWARD: ... state's exhibit number 264, 261, 78, and 77. Were you able to determine whether or not these were the suits you were wearing that night?
LEWIS: Yes, I was able to determine that.
UNIDENTIFIED MALE: For the record, those were not admitted against defendant Oakley, and I object to their presence at this particular point, as they have absolutely no relevance to the case at this particular point.
BONNER: I'll allow him to go into this line of questioning, but we will discuss about the admission of certain exhibits that might want to be withdrawn.
HOWARD: The -- let me ask you the question again. Were you able to determine whether or not the suits that were displayed in these exhibits were the suits that you had on, the suit that you wore on that night?
LEWIS: No, I haven't seen the suit I wore that night.
HOWARD: So those are not the suits that you wore.
UNIDENTIFIED MALE: (OFF-MIKE) three or four times, and again I object to talking about exhibits that were not admitted against Mr. Oakley.
BONNER: I'll overrule the objection.
HOWARD: I'd like to show you what's been marked as state's exhibit number 262.
UNIDENTIFIED MALE: Objection. Same objection.
HOWARD: I'd like for you to look at that item. And would you indicate whether or not you...
BONNER: Let me rule on the objection before you continue.
The objection is that 262 has not been admitted. Is that what your objection is?
UNIDENTIFIED MALE: They've not been admitted against Mr. Oakley. Whether the suit is there that he was wearing, we know that. That's been -- I mean, he's proving a negative. All he has to do is ask, did you see the suit? Have you seen the suit you were wearing? These exhibits have not been admitted against these defendants. They are irrelevant as to these defendants.
BONNER: What is the relevance of exhibits that don't contain the suit he was wearing?
HOWARD: It is simply relevant in that his testimony of what he was wearing on that night. As you know, the discussion of the dress has been an issue and that is why we were introducing it. But we won't ask any further questions about it, your honor.
Now, did you have a hat that night?
HOWARD: And what kind of hat was it?
HOWARD: Once you left your hotel room, where did you go?
LEWIS: We were going to go to some other party. I can't tell you what party it was. But Jessica received a phone call on her phone that said the Cobalt Lounge that was supposed to be a nice party. So I -- we changed our plans from going to the other party and went there, to the Cobalt Lounge.
HOWARD: Had you been to the Cobalt Lounge before?
HOWARD: And when was the last time you had been to that establishment?
LEWIS: Wednesday night.
HOWARD: So what happened once you arrived?
LEWIS: We arrived to the Cobalt Lounge, and we pulled up and we walked to the door. And it was kind of crowded and there wasn't really no stretch where they let nobody in. So I walked up to the door and tried to talk to the guy. And I was standing there for a minute, then me and Joseph walked back up to the door again to try to get in. And sooner or later, the guy, you know, let me in. I paid him some money and he let us all in.
HOWARD: And how many people were admitted with your party?
LEWIS: Me, Kwame, Jessica, Joseph, Reginald, Evelyn, Kieva -- seven.
HOWARD: Did you have anyone else to join your party while you were there?
HOWARD: And who was is that joined you while you were at the Cobalt.
LEWIS: As I can remember, Rahahna (ph) and Carlos joined us.
HOWARD: And who is Rahahna?
LEWIS: Rahahna, to me, was introduced as just his sister.
HOWARD: And when was the first time that you met Rahahna?
LEWIS: I met her that night at the club.
HOWARD: And who is Carlos?
LEWIS: Carlos was -- that night, he was introduced to me as like their brother.
HOWARD: You say "their brother." Who's brother?
LEWIS: Jessica and Rahahna's brother.
HOWARD: Had you met Carlos before?
HOWARD: Was there anyone else with Carlos.
LEWIS: I think Gino (ph) and Claudus (ph), some guys like that. But I'd never seen them that night, really.
HOWARD: Had you met them before.
HOWARD: So were you able to get them into the Cobalt Lounge?
LEWIS: No, I didn't get Gino and Claudus in, I just got Rahahna and Carlos in.
HOWARD: How long did you all stay inside the Cobalt Lounge?
LEWIS: Got there about 1:00, 1:15, we stayed there till like 3:00, 3:30, something like that. Two or three hours..
HOWARD: Do you at any time remember someone taking a photograph of you?
LEWIS: Yes, vaguely.
HOWARD: And who took the photograph with you?
LEWIS: I don't know. I just know we was all sitting down, we gathered around each other and everybody sat down. And I was sitting the chair and everybody gathered around, we just snapped the picture.
HOWARD: When did you leave the Cobalt Lounge. LEWIS: We left after it was really closing. The lights were starting to come on, and so we said, come on, let's go. So everybody just got ready and left.
HOWARD: And do you recall in which order of people leaving that you left?
LEWIS: No, not really. I just know when my party started leaving, everybody just started walking out.
HOWARD: I would like to show you what has been marked as demonstrative evidence number 1, and I'd like to ask you to look at it. Would you indicate whether or not you recognize what this diagram shows?
HOWARD: Would you show us the place that you recognize as the Cobalt Lounge?
LEWIS: That would be right here.
HOWARD: When you left the Cobalt Lounge, could you show us where you went, once you left that location.
LEWIS: We started walking down this road right here, which is East Facesfair (ph) Road, and we started pur -- I mean, coming down this road right here, because the limo was parked up here. So we were leaving the Cobalt Lounge, walking to the limo.
HOWARD: Now I am going to place this object at the location of the limousine, would you indicate where you remember the limousine being?
LEWIS: Right there.
HOWARD: Now, is my placement correct?
HOWARD: As you were walking out of the Cobalt, do you recall who was standing next to you or near you.
LEWIS: Me and Jessica were walking out together.
HOWARD: Do you recall whether any of your party was ahead of you at that time?
LEWIS: Yes, it was people ahead of us, it was people behind me. I can't tell you exactly where everybody was.
HOWARD: Do you recall how close you were to Jessica at that time?
LEWIS: Yes, I was fairly close, we were hugging each other.
HOWARD: Where did you go once you started leaving the Cobalt?
LEWIS: We were walking down, like I said, again, were walking down East Facesfair to go get into the limo.
HOWARD: Before you reached the limo, did you see anything happen?
LEWIS: Before I was at the limo, yes. We got, as we were walking to the limo, we came down East Facesfair and we got, like, assembled up in this area right here. And me and Jessica were walking and Rahanna (ph) and Carlos were veering off down North Fulton Drive. They made a right-hand turn and, Rahanna, that night, had on a -- this see-through shirt that was showing her breasts. And when she turned that way I said: You know what, you all just come ride with us in the limo. I said: We'd all just go in the limo together. And they were like: OK. So we started walking down to the limo -- and we started walking down to the limo, I got halfway to the limo and looked back, and there was a small little circle, like an altercation was trying to start.
UNIDENTIFIED MALE: Objection, he can certainly give a description of what he sees. I don't want him to guess what's going on, no speculation.
BONNER: Just tell them what you saw.
LEWIS: Yes ma'am.
HOWARD: When you -- when you heard something, did you turn around and look.
LEWIS: Yes, I turned around immediately.
HOWARD: And were you looking back towards where you had just come from, the same direction?
LEWIS: Yes, yes.
HOWARD: When you turned around, now what is it that caused you to turn around? What did you hear?
LEWIS: Loud talking, just, I mean, I guess when I turned around, loud talking, whatever, just made me turn around.
HOWARD: Now Mr. Lewis, what I'd like to ask you to do, the loud talking that you heard, would you repeat as best you can, exactly what you heard said?
LEWIS: Well, when I turned around and started going back up there to whatever was going on, by the time I got there you just heard people saying, you know, F you and all sorts of, you know, profane language.
HOWARD: Were you able to identify any of the people that were using that language? LEWIS: Well, at the time, when I was walking back up, it was -- Reginald was the more -- the aggressor, at that time when I was walking up. He was like, you know, really hostile at the other two guys that were standing there in front of Reginald, Joseph and Kwame.
HOWARD: Now the other two guys, would you point, on this diagram, and show where you saw those other two guys?
LEWIS: They were standing, like, right up in -- right up in this area right here, this is where it was going on.
HOWARD: Could this be accurate?
HOWARD: And where did you see Reginald Oakley at that time?
LEWIS: Like, right in front of them.
HOWARD: Now, would you point that location?
Would that be accurate?
HOWARD: At the time that you saw and heard Reginald Oakley, what were the other two guys doing?
LEWIS: Really, just standing there with the same -- with the same posture as Kwame and Joseph. They were just standing there like it was, you know, whatever was going on, I can't tell you exactly what was going on. But they were just standing there with the, you know, posture of whatever. It wasn't like a hostile posture at that time. But when I got there it started heating up then I guess.
HOWARD: What was Reginald Oakley doing as they stood there?
LEWIS: They were just basically just talking, you know, just blurting out certain things, you know, using hand gestures or whatever saying -- whatever he was saying I can't say exactly what he was saying.
HOWARD: Well, what did you do, if anything, once you saw this taking place?
LEWIS: When I saw this taking I ran back up there and I grabbed him by the waist.
HOWARD: When you say grabbed him, which guy...
LEWIS: I grabbed Reginald Oakley around the waist.
HOWARD: Were you closer to the other two guys who were there at that time? when you grabbed him around the waist? LEWIS: Meaning the guys on the others? .
LEWIS: No, I was closer to Regular actually.
HOWARD: How far away were you from the other two guys at that time?
LEWIS: When I grabbed him I was two feet, two or three feet from them.
HOWARD: What were they doing at that time?
LEWIS: Oh, just still talking, everybody was just still talking or whatever. But when I grabbed him I turned around immediately and started pushing him towards the limo.
HOWARD: And why were you taking him back to the limo?
LEWIS: Because I was telling him that: What is he doing? we ain't got time to be fighting, why are sitting there arguing with somebody? let's go.
HOWARD: And once you grabbed him, where, if anyplace, did you take him?
LEWIS: To the limo.
HOWARD: You mention Joseph Sweeting, where was he at that time?
LEWIS: Joseph was standing there with Kwame, with the -- again, with the two guys. And they were just standing there, you know, like everything was cool, everything was calm. And then they soon followed me back to the limo, after I started telling everybody "let's go."
HOWARD: As you were going back to the limo, were you able to see the two guys that you saw before, what were they doing at that time?
LEWIS: They were, like I said, they were standing there still talking to Joseph and Kwame. I guess they were, you know, trying to stop, squash it or whatever, they were trying to leave at that time.
UNIDENTIFIED MALE: I am going to object to what he just said.
BONNER: Mr. Lewis, just say what you saw.
LEWIS: Yes, ma'am.
Right then, I can't tell you exactly what they were going to do.
HOWARD: Did you see them take any hostile actions toward Kwame or Joe?.
LEWIS: No, not at that time, no.
HOWARD: Did you see them take any hostile actions toward anybody?
LEWIS: No, no, I didn't see none of that.
HOWARD: Did you get Reginald Oakley back to the limo?
LEWIS: Actually, I got him inside the limo.
HOWARD: And where was Joseph and Kwame at that time?
LEWIS: Coming up, at that time.
HOWARD: Do you recall what happened to Jessica and the other people that were with you?
LEWIS: Everybody started getting into the limo.
HOWARD: And did everybody finally get into the limo?.
LEWIS: Everybody got in the limo but me and Joseph.
HOWARD: Well, what was your intention at the time, when everybody was in the limo?
LEWIS: To leave.
HOWARD: Would you indicate with your pointer, when you returned to the limo, where you stood?
LEWIS: Right there, the back door.
HOWARD: Would this be correct?
HOWARD: And where was Joseph?
LEWIS: On my right-hand side.
HOWARD: Where was the limo driver at that time?
UNIDENTIFIED MALE: (OFF MIKE)
He says on his right-hand side, Mr. Caro (ph) puts it on his left-hand side, which side are you talking about? towards Randy (ph) or away from Randy?
BONNER: Well, actually, it could be either side. So...
HOWARD: Well, I actually -- is this accurate, would you tell me just where Joseph Sweeting was standing if this was you?
LEWIS: Well, because of the -- because of the way this is showing, you were right in a sense, but he was on my right-hand side, because I'm closer to the limo. So he was on that side of me.
HOWARD: So would it have been accurate to place it here? LEWIS: If you turned the men the other you get an accurate places.
HOWARD: You mean, in this direction?
LEWIS: Going the other way, though. Right, now put the other men on the other side, on the right, right, there you go.
HOWARD: In this direction?
HOWARD: OK, now, where would the limousine driver have been?
LEWIS: Honestly, I can't tell you exactly where he was. I just knew when I came up, his actual place is always right there, by the back door. But because of me going down to grab Oakley and come back, when I came back, I vaguely remember where exactly he was. I just remember somebody sitting there holding the door.
HOWARD: Now at the time that you were standing, there did you see the two persons that had, the persons that you had observed earlier standing at this location, did you see those two persons?
LEWIS: Well, the thing is, I couldn't tell the two guys that were standing there, I just knew when they got, when whoever came to where we were, it was more than two, it was like more like five or six people at that time.
HOWARD: And where did you see them?
LEWIS: Coming up walking past the limo.
HOWARD: And, did you -- did they actually walk past the limo?
HOWARD: How close did they pass to where you were standing?
LEWIS: It was fairly close.
HOWARD: And would you show us by indicating some object in the courtroom?
LEWIS: Again, probably, from distance from me and court reporter.
HOWARD: As they passed by, did they say anything to you?
LEWIS: They was just blurting out certain stuff, it wasn't directly at me.
HOWARD: Do you recall what, if anything, they said?
HOWARD: Did they do anything to you?
HOWARD: Did you see where they went after that?
LEWIS: They walked, they pursued passed the limo a little bit. And, when they got like right up around the front of the limo, where the tree at, they, for some reason, started coming back.
HOWARD: And who started come back?
LEWIS: The group of five or six men.
HOWARD: Did all of them start coming back?
HOWARD: Now, you said that they got to which point at the limo?
LEWIS: They almost in front.
HOWARD: Would this have been accurate to show where they were?
HOWARD: And you and they actually -- what...
UNIDENTIFIED MALE: (OFF-MIKE)
HOWARD: Well, the reason is, I don't have that many folks left. So this is just to indicate that group. If...
UNIDENTIFIED MALE: (OFF-MIKE)
HOWARD: The -- so once that happened, what did you see happen next?
LEWIS: Well, when they got past the limo a little bit, they started coming back. Whatever, I don't know. And then, Joseph said, at that time, Ray come on, get in the limo because they trippin'. So I said, I said: Man, let's just go. And, by time they started to come back, I, myself, was talking to whoever it was, and I'm telling them: Hey, we straight, everything cool at that time.
So they started getting closer and then by that time before anything else happened, Reginald had hopped out of the limo.
HOWARD: And what do you mean by "hopped out"?
LEWIS: He had came back outside the limo.
HOWARD: Did anybody call him out? LEWIS: No.
HOWARD: And when he hopped out where was he? would you illustrate.
LEWIS: When he came out of the limo he came, like, around me and Joseph or me and Joseph were standing still by the backdoor. So he came around, and the guys was close then, and then he like walked up to them -- one of the guys.
HOWARD: So he -- you said he walked up to one of the guys?
LEWIS: Reginald Oakley walked up to one of the guys.
HOWARD: How far was the guy from him when he got out of the limousine?
LEWIS: Fairly close. I guess I will just go back to the court reporter again and say that's probably the distance.
HOWARD: And what, if anything, happened when he walked up to the guy?
LEWIS: When he walked up to the guy, that is when the guy hit him in the head with the bottle.
HOWARD: And did you see the bottle?
HOWARD: What kind of bottle was it?
LEWIS: A champagne bottle.
HOWARD: Did you see where he hit him?
LEWIS: I saw him hit him over the head.
HOWARD: What happened once he was hit over the head?
LEWIS: Once -- he hit over the head, and, in all honesty, all hell broke loose from that point.
HOWARD: And what do you mean by that?
LEWIS: It was, from that point, it was chaos, whatever, when he hit him in the head, them two just, I mean, went in a dramatic fashion of fighting.
HOWARD: Would you describe what you mean by "fighting"?
LEWIS: Fighting, I mean, you hit me, I hit you back. We just fighting. We just fighting.
HOWARD: Now, the person that you saw with Reginald Oakley at that time, could you describe that person? LEWIS: At that time, when I saw him, he was little smaller than Reginald, a little slimmer, but he had on like big clothes so I couldn't tell you exactly who the guy was. Now I know, but that wouldn't be a fair statement if I was to say that.
HOWARD: So once, the -- what you described as fighting started could you point out exactly where they were?
LEWIS: It started like right here in this area.
HOWARD: Would you describe what you saw Reginald Oakley doing, in the terms that you call fight?
LEWIS: Well, like I said, fighting, just, after the guy hitting him in the head, they started fighting, I mean, everybody was throwing fists, everybody was just punching, whatever.
HOWARD: Would you show us with your hands what you saw him do?
LEWIS: Fighting, you know, punching everybody punching, whoever, whatever.
HOWARD: And what did you see the other man do?
LEWIS: Fighting, too.
HOWARD: And what did you see, with your hands, would you indicate what you saw him doing?
LEWIS: The same thing, fighting back.
HOWARD: Now, did you continue to look at -- did you see -- did you continue to watch Reginald Oakley?
LEWIS: Yeah, but I mean, you know at that time, when -- as soon as Reg got hit, like I said, that is when everything happened, at that time. We are separating it, but what happened is, after he got hit in the head with the bottle, that's when all -- when, I like I said, chaos broke out from that point. I mean, Joseph went to his aid, and guys grabbed Joseph, and everybody piled out of the limo. So it was like just whatever was happening at that time.
HOWARD: When Reginald Oakley was hit with the battle, where was Joseph at that time?
LEWIS: Joseph was standing next to me at that time. As soon as he got hit in head with the bottle, Joseph pursued up to his aid, and then I think before he got to his aid, a bigger guy grabbed him, and like two guys was fighting Joseph.
HOWARD: Would you show us where you saw Joseph going?
LEWIS: Joseph and the other guys was fight like right up in here to go around the tree, around that area.
HOWARD: Now, let's go back to Reginald Oakley, and we'll come back to Joseph. Where did you see Reginald Oakley go?
LEWIS: Him and Baker now, I guess, started fighting going this way, some down this way.
HOWARD: And what did you see happen?
LEWIS: They, I mean, they that was a -- frantic fight. They was like really going at it and they ended up, like, right after just fighting.
HOWARD: And would you show us where they ended up?
LEWIS: Like right there in the road, a little ways above the limo.
HOWARD: And you tell me when I am at the place exactly.
LEWIS: Come up a little in the road though, a little bit, yeah.
HOWARD: And what did you see happen when they reached that location?
LEWIS: That was -- that is when I said, like I said, that is when everybody else had hopped out of the car, and ran over there. And by the time when Reginald and Baker ended up here, the guy Carlos had ended up in that spot, too, and Carlos and Oakley was fighting Baker.
HOWARD: Now, Mr. Lewis, I would like for you, if you would, would you step down from the jury rail. Now, I would like for you to take this mannequin, and at that spot that you indicate, would you show us where you saw the person, Baker, the other man, as you described, would you show us where you saw him at that time?
LEWIS: Well, actually, Baker and Oakley was still standing face up, still fighting each other before Carlos reached over here.
HOWARD: What happened?
LEWIS: And then, Baker, evidently somehow Oakley got Baker on the ground, high up, and he was sit like in this area like right here, and Carlos was running up from the direction of limo, and as he got up to the limo, you know, Oakley was hitting him across the chest like this, and Carlos was kicking him.
HOWARD: Carlos was kicking him?
HOWARD: And what did you -- you indicated with your fist blows to the chest.
HOWARD: And you saw Oakley do that?
HOWARD: How many times?
LEWIS: Four or five.
HOWARD: Were you able to tell whether or not the man was fighting back?
LEWIS: Not at that time he wasn't.
HOWARD: And that is that the spot that it took place where you first indicated?
LEWIS: Yeah, yeah.
HOWARD: Now, while this was going on, you had been able to look and see the defendant, Joseph Sweeting?
LEWIS: Yeah, they were -- he was fighting more all around this tree right here. Coming around this area.
HOWARD: And when you looked over and saw him, would you illustrate to jurors what you saw at that time?
LEWIS: He has been drug actually. One guy had him by the shirt, and had the shirt over his head, pulling him; and another guy was behind him, but then, when they got up in this area, that is when he regained his footing, and then they just -- that is when he was like, the guy was in front of him, he was like trying to hold the guy, the guy was trying to hold him still, hold him, and that's when they was just like fight.
HOWARD: And what did you see Joseph Sweeting do?
LEWIS: Fighting back, you know, he was throwing punches, fighting back, you know, trying to get the guys apart from him.
HOWARD: Now, again, would you -- would you show that you -- would you turn around so that the jurors -- Turn around so they can see.
LEWIS: And he was just fighting back, you know, just throwing punches, throwing blows -- whatever he was -- up in this area.
HOWARD: Now, you were indicating...
UNIDENTIFIED MALE: Could we show -- could we have a description for the purposes of the record to the area in which Lewis was hitting the dummy in the...
HOWARD: You were indicating with your hand a certain portion of the mannequin. Would you indicate the portion of the body that you saw the -- Joseph Sweeting delivering the punches toward?
LEWIS: You know, I'm telling you, that they were fighting. I mean, so I can't sit here and point out a specific point where he's punching him. Well, he was punching, you know, he was trying to hold on and once he regained his footing, he just started punching back up in this area -- up in the chest area.
HOWARD: How many blows did you see go to the body?
LEWIS: His fighting, I mean -- could have been six -- five, six -- it could have been however many. I can't tell you exactly.
UNIDENTIFIED MALE: Now may the record reflect that Mr. Lewis on two separate occasions has hit the left upper side of the chest on the dummy in your demonstration.
BONNER: The record will so reflect.
HOWARD: And once you saw that happen, what did you see happen to the man that the blows were being delivered against?
LEWIS: Oh no, they were just still fighting. They kept fighting. And that's, like I said, when everybody else there piled out of the limo, that's where the fight ended up at the corner -- at the corner where everybody was just fighting in a frenzy. It was just a big pileup down there.
HOWARD: Would you take your seat again?
Now, you mentioned an incident towards the corner. Would you show where that took place?
LEWIS: Down in this area. Right here.
HOWARD: And what did you see take place at the corner?
LEWIS: Fighting -- everybody was just fighting. It was like a big brawl down here at this corner right here.
HOWARD: And who is it that you saw at the corner?
LEWIS: The guys that was fighting Joseph was down here. Joseph was down here. The other two guys that left the limo, I don't want to say it wrong, again, but -- when -- after the fight was over, they came from this direction, so I don't know what to say -- if they was down there or not.
HOWARD: Did you see those other guys doing anything?
LEWIS: I just saw -- all the thing I saw was is this big pile of a number of people just fighting. Everybody was fighting.
HOWARD: Could you specifically say that you saw those other two guys specifically doing anything?
LEWIS: No, not specific... UNIDENTIFIED MALE: When you say the other two guys...
HOWARD: Gino (ph) -- is that who you're talking about?
LEWIS: Yes, yes.
HOWARD: And could you specifically see anyone one doing anything at the corner?
LEWIS: No, no.
HOWARD: And how about how long did this take place?
LEWIS: I mean we're describing this, you know, very slow, but this took -- all of this took less than a minute. -- the fighting, you know, that took less than...
HOWARD: So what happened at the -- what happened that ended it?
LEWIS: Well, actually, I don't know what really happened that ended it, but I know when I came up here to front of limo, I was yelling the whole time: "Let's go, let's go." Nobody wouldn't leave. I mean, nobody wouldn't stop doing what they was do -- fighting or whatever. So I said: "Forget it. I'm out of here." So I ran back to the door of my limo, and I said, "I'm going."
And when I said, "I'm going," that's when everybody else was yelling: He's leaving, whatever they was saying. Then I left. I mean, that's when everybody started coming back to the limo.
HOWARD: When you were leaving, did you see anybody still fighting?
LEWIS: The only people that I saw fighting from this point -- this pile right here was starting to break up. As we was leaving, the only people that was really fighting after that was Oakley, Baker and Carlos was still right here, but they had started coming back to limo. By that time, everybody started coming back.
HOWARD: Did you see any bodies -- any person on the ground at that time?
LEWIS: Well, at that time I wasn't really looking for, you know, anybody to be on the ground. Everybody just started running back to the limo then we just -- really just hopped in the limo.
HOWARD: And let -- I make sure that you answer my question. Did you see anybody on the ground at that time?
LEWIS: Oh, well, you know, after -- when they -- when everybody was right here -- you Baker and Carlos was right here -- and Oakley -- when they left him, he was still there.
HOWARD: And would you point out where you saw the person you described as Baker? Were able to tell whether or not -- did you see any motion of his body at that time? LEWIS: No, I didn't really pay that much attention him like that -- to find out what was wrong with him or not.
HOWARD: Did you see any other persons on the ground or the pavement?
HOWARD: Now, you've heard -- now during this time, did you take part in this incident?
HOWARD: You've heard the testimony from Jeff Dwynn (ph).
HOWARD: And he indicated that he saw you holding someone.
HOWARD: Is that true?
HOWARD: You heard the testimony of Mr. Fassett.
HOWARD: And that's your limousine driver.
HOWARD: And he testified that he saw you draw your fist at him.
UNIDENTIFIED MALE: Your honor, I would just like the record to reflect, we are inserting hearsay into this question to Mr. Lewis. I don't object to it. I'm simply asking the same option when it becomes my turn to cross examine.
BONNER: We'll take each objection one at a time...
UNIDENTIFIED MALE: ... as they come. Thank you.
HOWARD: The testimony, also, was from Evelyn Sparks (ph) that she saw you pull someone away. Did that happen?
HOWARD: That did not happen.
HOWARD: So when you make the announcement that, "Let's go"... LEWIS: Right.
HOWARD: ... what happened after that?
LEWIS: Then that's when I was making the whole time. Everything was going on. Everybody started finally coming back.
HOWARD: And what did -- did everybody get back in the limousine?
HOWARD: Who was the last person to get in the limousine?
HOWARD: And where did you -- where were you were sitting in the limousine?
LEWIS: In back rear seat -- the very back rear seat.
HOWARD: Would you -- this has been marked as demonstrative evidence number four. Would you look at it and would you indicate whether or not you recognize what's shown in this diagram?
LEWIS: Yes, I recognize it.
HOWARD: And what does that diagram show?
LEWIS: The limousine.
HOWARD: Where would you seated in the limousine?
LEWIS: Right here.
HOWARD: And do you know who was seated next to you?
LEWIS: Jessica was right here.
HOWARD: The defendant, Reginald Oakley, where was he?
LEWIS: To be totally honest, that's -- I can't remember everybody -- where everybody was sitting in that limo when that -- when everybody piled back in. I don't even remember.
HOWARD: Do you remember where Joseph Sweeting was seated?
HOWARD: Do you remember where any of the females were seated, other than Jessica Robertson?
HOWARD: So once you got in the limo, what happened at that time?
LEWIS: Once we got in limo, we started to leave. And as we started to leave, that's when gunshots rang out.
HOWARD: How long had you been in the limo before you heard gunshots?
LEWIS: We had really just really got in the limo and we was just going to start pulling off -- like right here up in this area. The limo had just came out right here.
HOWARD: And let me ask you to show that again because I might have been walking...
LEWIS: OK, I'm sorry.
HOWARD: ... in front of the board. Where were you when you heard the shots? Where was limo?
LEWIS: Limo was right here, the limo was right here, but the limo had to guy around a car, it was right here, and that's when the shots rang out.
HOWARD: About here.
LEWIS: Right there.
HOWARD: Were you able to tell whether or not the limo was struck?
HOWARD: And what happened after that?
LEWIS: When the shots rang out everybody just hit the floor.
HOWARD: Did you hit the floor?
LEWIS: Yes, everybody.
HOWARD: What happened after that?
LEWIS: After everybody hit the floor we stayed down the whole time, until I think the first time everybody really came up was when we reached the Holiday Inn.
HOWARD: Before you got to the Holiday Inn, did you see any blood in the limo?
HOWARD: Once you arrived at the Holiday Inn, did you give any instructions to the people in the limousine?
LEWIS: Well, what I actually said was, "everybody shut the F-up because you are all tripping. You are all out here fighting, and this ain't going to come back on nobody but me. This my limo, everybody here can walk right now, if they wanted to, and it is just still going to come back to me. Those were my exact words. HOWARD: And when you told them to shut the F-up...
HOWARD: Do you realize that that was wrong?
HOWARD: Do you realize that under the laws if this state that that is a crime?
HOWARD: And you realize that that would keep the police from...
UNIDENTIFIED MALE: Excuse me, I'm going to object to form of these questions, and you know, he has already pled guilty to this offense, and he is not a legal scholar, and I object to him being asked about legal consequences, and I object to the form of the question.
BONNER: The question is leading, and I will ask you not to lead the witness.
HOWARD: You have indicated -- you have entered a guilty plea to that charge?
LEWIS: Yes, sir.
UNIDENTIFIED MALE: Excuse me just a moment. (OFF-MIKE)
BONNER: Would you like me to tell him that now?
Ladies and gentlemen, as I told you earlier, the guilty plea entered by one defendant does not imply and you are to draw no inferences or consider it as evidence against either of the other defendants.
HOWARD: While you were here, you just described what you had happened at the Holiday Inn. Before you left, did you see of any of these guys, the other guys that you described with any weapons?
HOWARD: Now, when you arrived at the Holiday Inn, do you know why you went to that location?
LEWIS: Because, when we got the car, the Duane Fassett had told us that we had a flat tire.
HOWARD: How long did you stay at the Holiday Inn?
LEWIS: We stayed there a pretty good amount of time, we sat there, and it was getting cold outside, and everybody was standing around the limo at first, and then this car pulled up, this white car, and then everybody started ducking behind the limo whatever, I don't know why. But, everybody started ducking behind limo, and then everybody started walking up to the Holiday Inn.
HOWARD: Did you see Joseph Sweeting at that location?
HOWARD: Did you have a conversation with Joseph Sweeting?
HOWARD: And what was that conversation?
LEWIS: Well, when I walked into the Holiday Inn, everybody was sitting around the Holiday Inn, and I walked in, and as soon as I walked in, I looked to my right and everybody was standing there, and I walked around the corner and Joseph was standing there. And I walked up to him and I was like, man, what in the hell happened? And he was like, man, they tripped me. I said, what do you mean? I say, what happened?
He said, Lou-Lou, every time they hit me, I hit them. I say, damn, I said you all tripping. And then, when he did that, he had knife in his -- around his hand.
HOWARD: Mr. Lewis, would you stand up so that every member of the jury can see you, and with the pointer that you have in your hand, would you indicate the manner in which you saw Joseph Sweeting holding something in his hand?
HOWARD: Yes, he had the knife like in his hand like this. The blade wasn't out, or anything like that, but he had knife like this, and I said, I say, man what happened? He said, Lou-Lou, every time they hit me, I hit them.
HOWARD: Now, you are making a motion with your hand, your right hand; is that the motion that you saw him make?
HOWARD: And would you show the jurors the number of times you saw him make that motion?
LEWIS: I don't know the number of times. I just know when I asked him because right after I asked him that, I looked right back at him, I was like, damn, man you all are tripping, like that. So...
HOWARD: You may be seated.
So once you had that conversation with the defendant, Joseph Sweeting, what did you do after that?
LEWIS: I left.
HOWARD: And where did you go?
LEWIS: I went back to my hotel room.
HOWARD: And this was at the Georgian Terrace?
HOWARD: How did you get back to the Georgian Terrace? who was with you in the cab?
LEWIS: Me, Kwame King, and Jessica Robertson.
HOWARD: When you arrived at your hotel room was anybody else there?
LEWIS: No, it was just us three at first.
UNIDENTIFIED MALE: (OFF-MIKE)
HOWARD: Now once you arrived at the Holiday Inn at your room at the Georgian Terrace, what did you do, as soon as you arrived?
LEWIS: As soon as I walked in, I went in and changed my clothes, what I always do.
HOWARD: Why did you change your clothes?
LEWIS: Because I always do that. I have bags of clothes that I hang up, and as soon as I take my suits off, I hang them back up, and put them in bags just like this.
HOWARD: So when you remove your clothing, what did that leave you wearing?
LEWIS: Some shorts, some shorts and a T-shirt.
HOWARD: Did the other people from the limo join you at the Georgian Terrace?
HOWARD: And when did that take place?
LEWIS: That took place about 20 -- about 15, 20 minutes after we had got there.
UNIDENTIFIED MALE: Excuse me, your honor, I am going to object to other people from the limo; that is pretty broad.
HOWARD: We are going to ask it more specifically, rather than repeat the names. Now, so, at that time, who were the people who are now in your room in the Georgian Terrace?
LEWIS: After I got back?
HOWARD: Yes, sir.
LEWIS: Me, Kwame, Reginald, Carlos, Rayona (ph), Evelyn (ph), Chiva (ph), and Jessica.
HOWARD: Were you able to determine whether or not anyone was injured?
HOWARD: And who was the person who was injured?
HOWARD: And what injury did you see?
LEWIS: He had his head busted.
HOWARD: Were you able to tell the location?
LEWIS: Yeah, pretty much.
HOWARD: And what was the location?
LEWIS: Like, up in this area on his right-hand side.
HOWARD: Did you have any conversation with him at that time?
HOWARD: And what did you say.
LEWIS: When I walked back in the room, I asked him, I said: Hey, man, what happened? And he is like, nothing. I said, man, what the hell you was doing. He was like, nothing, I was just beating him. I say, damn, man, I said, you all are tripping, like that. He said, but man, I wasn't doing nothing. I said, man, you had to be doing something. I said, man, you all need to cut this shit out. I said, you know what, I said, dog, this all on me now. I said man my career is going to end because of you all tripping, you know what I'm saying? I try to stop this fight three or four damn times, and you all kept going. I said, dog, why you just didn't chill out. And he was like, I didn't do nothing, I didn't do nothing. That is all he kept saying.
HOWARD: So what did you do after that?
LEWIS: I put my head -- I put my head in my hands, and I told him that, you know, I told him that, you know, in reality, they can do whatever and say whatever, but this all comes back down on me. That's what I was saying, my career -- my career ain't going to end over some crazy stuff.
HOWARD: What happened after that?
LEWIS: After that, I went back -- I told them that, you know, they can deal with this because I'm not. And so I got my stuff, and I left.
HOWARD: What do you mean by you got your stuff?
LEWIS: I got my one bag that I had, and I left to go to my girl's aunt's house to where we was leaving the next morning.
HOWARD: And who was the your girl, as you refer to?
LEWIS: Tatyana McCall.
HOWARD: And where did you intend to go on the next day?
LEWIS: We were supposed to fly to Hawaii the next morning.
HOWARD: Now, the clothing that is over to your right, was is still in the room at that time?
HOWARD: And what were your instructions regarding your clothing?
LEWIS: My intentions -- my instructions were to, first of all, put my clothes in the limousine because Duane Fassett was supposed to bring my clothes back to Baltimore because I didn't need for Hawaii. Every year, Tatyana buys my clothes for Hawaii, and I just wear shorts and stuff over there. That was instructions to Kwame. But that didn't go through.
So then, Kwame say, he couldn't do it -- I mean, the limo was down and Kwame said he couldn't take them on a plane. So, at that time, I called Jessica and told her just to get my clothes for me, and I will just pick them up when I come back to Atlanta.
HOWARD: And why didn't you take the clothes with you to your girl's house, as you...
LEWIS: Because I wasn't going to stay there. I didn't know them people. I didn't know her aunt, who I was going to see. I was just going there because she was there, her and my kids was there.
HOWARD: Now, during the time of before you took the cab to go to her house, did you have any conversations with Duane Fassett?
LEWIS: Briefly, I called him a couple times and I asked him: Was he all right? I asked him, what did he need me to do anything, and things like that. It was just really brief conversation.
HOWARD: Did you ask him, at any time, were the police there?
LEWIS: Yeah -- no, actually, he offered that information to me. I called back one time. I said: Are you all right? He hung up the phone real fast. He was like, I can't talk right now, I can't talk now, the police is here. I was just, all right, well, just call me back. And, that was it.
HOWARD: When you left your room on that night, the suit that you wore to the Cobalt, was it still in the hotel room?
HOWARD: Did you have any reason not to turn that suit over?
LEWIS: Not at all. HOWARD: So when did you arrive at Tatyana's relative's place?
LEWIS: Fivish in the morning, 5:30 something like that, I'm not sure exactly what time I arrived there.
HOWARD: Did you ever talk with the police department, the Atlanta Police Department, on -- later on that day?
HOWARD: Did you talk to Lieutenant Smith, and Detective Edmonds?
HOWARD: And where did that conversation take place?
LEWIS: At her aunt's house.
HOWARD: I would like to show you what has already been marked as state's exhibit number 1. I would like for you to look at it. And would you indicate whether or not you recognize that document?
LEWIS: Yes, I recognize it.
HOWARD: And what do you recognize that as?
LEWIS: A false statement I gave to the police.
HOWARD: What kind of statement?
LEWIS: False statement.
HOWARD: And what do you mean by "false statement"?
LEWIS: I lied on the statement.
HOWARD: The policeman asked you what happened that night?
HOWARD: Did you tell him?
HOWARD: The policeman ask you for the names of the people who you were acquainted with in the limousine?
HOWARD: Did you give him the names?
LEWIS: No, I didn't give him -- no.
HOWARD: And why did you not tell the police the truth?
LEWIS: I can't tell you that. I just know I lied. I think if I knew that now, I wouldn't never done it. But I didn't, so that's why I'm in the situation I'm in now, because...
HOWARD: So you realize that that's a crime?
HOWARD: And that you are guilty of that crime?
UNIDENTIFIED MALE: I guess we have to ask your honor again to instruct the jury -- I'm sure they'll remember -- that this is only admissible against Mr. Lewis.
BONNER: I'm sure they'll remember.
HOWARD: Now, did you -- at any time on that morning, did you have a blood test done?
HOWARD: And when did the test take place?
LEWIS: I think it was later on in the day, in that evening.
HOWARD: About what time?
LEWIS: I don't really know -- 3:00 or 4:00.
HOWARD: And what was the purpose of you taking a blood test?
LEWIS: Well, a friend of mine, Corey Fuller (ph), said that...
UNIDENTIFIED MALE: (OFF-MIKE) what a friend said, and I'm going to object to any relevance of his test.
BONNER: I'll sustain the objection as to hearsay, and you may rephrase.
HOWARD: Without telling us what your friend said, what was the purpose of you taking that test?
UNIDENTIFIED MALE: (OFF-MIKE) the purpose is irrelevant at this particular time.
HOWARD: Let me just ask another question, your honor.
BONNER: All right.
HOWARD: Were you intoxicated, Mr. Lewis?
HOWARD: When were you intoxicated?
LEWIS: That night and probably that -- I mean, that night went to 4:00 or 5:00 in the morning, so I had been drinking pretty -- a great amount.
HOWARD: Did the tests that you took have anything to do with your drinking?
HOWARD: And what did the test show?
UNIDENTIFIED MALE: Excuse me, I'm sorry. I'm going to object to that.
BONNER: I don't think he's competent to testify, is he? I don't know. You need more foundation.
HOWARD: The -- you're aware that the...
UNIDENTIFIED MALE: By the way, I don't have any objection to that. I'd like to hear it.
HOWARD: You're aware that the police went to your room at the Georgia Terrace?
UNIDENTIFIED MALE: (OFF-MIKE) form of that question, too. I mean, let's let the witness testify, not Mr. Howard.
HOWARD: (OFF-MIKE) if that's OK.
Did the police go to your room on that night, Mr. Lewis?
UNIDENTIFIED MALE: Your honor, the police have already testified in this case.
BONNER: I'm going to sustain the objection. Ask your next question.
HOWARD: Mr. Lewis, did you have any pillows in your room?
HOWARD: Was there any blood on those pillows?
HOWARD: Would tell us how the blood got on your pillows.
LEWIS: From my head.
HOWARD: And what do you mean from your head?
LEWIS: I had an injury from football that my head -- usually when I play, my head gets cut open a lot of times. I have a certain type of skin on the of my head, falitivitis (ph) or something like that. I'm not sure what -- exactly what it is, but it bleeds. It used to bleed a lot, and now it's just really getting, you know, controlled now.
HOWARD: And how long have you had this condition?
LEWIS: Since high school.
HOWARD: Do you take any medication for it?
HOWARD: Do you have the medication with you today?
LEWIS: No, no.
HOWARD: Was the medication in your room on that night?
UNIDENTIFIED MALE: I'm sorry, again, I don't quite see the relevance of his medical condition.
BONNER: Do you wish to respond to the objection?
HOWARD: Your honor, we had already indicated previously that the officers found blood on the pillows in his room. He was simply explaining that.
UNIDENTIFIED MALE: When he was charged with murder and he opened this case by saying you're going to find Ray Lewis' blood and that's going to show that he's absolutely guilty of murder.
HOWARD: Excuse me, we object to this.
BONNER: We're not going to have speaking objections. I'm going to sustain the objection. I'll ask you not to present cumulative evidence.
HOWARD: Your honor, it's not cumulative, it was simply to explain that the blood...
BONNER: What medication he was taking is irrelevant.
HOWARD: Because that medication just simply explains the treatment.
UNIDENTIFIED MALE: Well, again, we're not going to have speaking explanations then, either.
BONNER: Mr. Howard, I've sustained the objection. Please move on.
HOWARD: I'd like to ask you whether or not you're familiar with this item that has been marked as state's exhibit number 323?
LEWIS: Yes, it's a bathrobe that was in the Georgia (UNINTELLIGIBLE) at my room.
HOWARD: And were you wearing this bathrobe at any time on the 30th or the 31st day of January, the year 2000?
LEWIS: I could have been. HOWARD: Now, can you explain why your blood would have been on this bathrobe?
HOWARD: Your honor, may I have a minute please?
BONNER: You may.
HOWARD: Your honor, we'd like to tender what has been marked as state's exhibit number 340, which is the knife.
UNIDENTIFIED MALE: I object to that.
UNIDENTIFIED MALE: It's not "the knife" at all.
BONNER: We will discuss that outside the jury's presence and I will defer a decision on it.
HOWARD: That's correct.
BONNER: All right.
HOWARD: When you were in the Cobalt Lounge on that night, did you have anything to drink?
HOWARD: And how much did you have to drink?
LEWIS: Three to four glasses of Remy Martin.
HOWARD: And did you have any other thing to drink other than that, what you mentioned?
HOWARD: And how would you describe your condition at that time?
BRUCE HARVEY, DEFENSE ATTORNEY: Already asked and answered.
HOWARD: Did not ask him "at that time."
HARVEY: Excuse me.
HOWARD: Excuse me, your honor, I did not. You made an objection, Mr. Harvey.
HARVEY: You asked...
HOWARD: Excuse me, you don't have...
BONNER: Mr. Howard, if we -- I'm going to hear from you, but we're not going to hear from both of you at the same time. HOWARD: Excuse me, your honor, as I understand it, he was making...
BONNER: Sir, Mr. Harvey's making his objection.
HOWARD: All right, I thought I was responding to the objection.
BONNER: You may in a minute.
HOWARD: All right.
HARVEY: My objection was that it was already asked and answered. He was asked what his condition was and he said he was intoxicated.
BONNER: All right. Mr. Harvey, would like to -- I mean, Mr. Howard, would you like to respond?
HOWARD: I did not ask him the question in reference to this time, your honor.
BONNER: I'll overrule the objection.
HOWARD: And at the time at the Cobalt, what was your condition?
LEWIS: I was smooth. I was feeling nice, relaxed.
HOWARD: And what do you mean by "smooth"?
HOWARD: And is that more or less than intoxicated?
HOWARD: And as you were walking along the street, as you've described it, you were -- had been in that same condition, "smooth"?
HARVEY: I object to the form of the question. We know how to ask questions, I'm sorry.
BONNER: Mr. Howard, I will sustain the objection. I'm going to ask you to not ask leading questions.
HOWARD: Your honor, I don't believe that we have any further questions.
BONNER: Shall we take a short break before the cross- examination, or do you wish go into the cross-examination?
UNIDENTIFIED MALE: We're at 20 to 12:00. We're going to argue a little bit, I think, over state's exhibit 340. I don't know when the court wants to break for lunch. I would suggest the examinations might be a little on the lengthy side. BONNER: My only -- we're going to start the cross-examination. My question is whether you want a 10-minute break before we start. We've been going about an hour and 15 minutes. And I'll look for hands what the jury -- I see a nod on the jury's. We'll take a 10- minute break, ladies and gentlemen.
UNIDENTIFIED MALE: Remain seated.
BONNER: I remind you not to discuss the case or allow it to be discussed in your presence. And you're going to say in the jury room during the break, is that right?
DARYN KAGAN, CNN ANCHOR: We've been listening to the testimony of NFL star all-pro player, linebacker Ray Lewis as he testifies in the murder trial here in Atlanta. Yesterday, Lewis himself worked out a plea agreement with prosecutors where murder charges were dropped against him. He instead pleaded guilty to the misdemeanor charge of obstruction of justice. And part of the deal was that he'd get on the stand today and testify against Reginald Oakley and Joseph Sweeting, the two defendants that are left in this case from the murders that took place the night after the Super Bowl.
Let's bring in our legal analyst Roger Cossack who has been listening all along with us.
Roger, did you hear anything that was that incriminating or that would really help the prosecution make their case against the two remaining co-defendants?
ROGER COSSACK, CNN LEGAL ANALYST: Well, it's a very interesting presentation because, really, what he said was that -- and these are probably the most damaging points -- is that he was present when knives were bought at this sporting goods store, that he saw at least one of the defendants with a knife, that he was present when the fight took place. Although he never saw any of the defendants stab anybody, he did say that he saw them hitting them in the chest, which I think the implication is that that's perhaps when the stabbings took place.
He also said that he spoke with both of the defendants afterwards, and one of them, at least, said that, look, when I was hit, I hit back, and made a stabbing motion with his -- with holding a knife in his hand. He then spoke with the other one who didn't seem to say anything like that, but you could tell that Ray Lewis was quite upset.
I found one of the things that was most interesting here was the prosecutor had to go about, in some ways, proving Ray Lewis' innocence of this murders. There was blood apparently found on a bathrobe that he wore at the Georgian Terrace hotel, and as well as the pillow covers that his head was on, and there was blood on those items. And he had to get from Ray Lewis the fact that the blood was something that happens because of a football injury.
And he had no way of explaining how the blood got on the bathrobe because, apparently, what they're worried about is the defense coming in and saying, look, Lewis was the one that was involved in these fights. Look, there was blood on his -- these items at the hotel.
So, so far, I think that certainly Ray Lewis didn't help these two, but remember he never has testified that he actually saw either one of them do the stabbing, although he did, as I indicated, say that one of them made at least a statement with his knife in his hand saying: Look, when they hit me, I hit them back, with an indication that perhaps he was doing some stabbing.
KAGAN: So, as a prosecutor, do you think he helped their case?
COSSACK: Well, certainly he did. I mean, you have to remember, Daryn, they didn't have much of a case apparently. Look, we know the deal they made Ray Lewis. They, you know, last Friday, as I keep saying, he was charged with murder, facing life imprisonment on Monday. He ends up with a misdemeanor and 12 months' probation. They had to have him come in and testify, or else, apparently they felt their case was so weak they were going to lose it on everybody. So I think this is the best they can do.
But he certainly, like I say, he was not an eyewitness to a stabbing. He said chaos broke out. He admits he had been drinking that night. And he admits that he lied to the police. I mean, I think cross-examination in this case is going to be very, very spirited.
I know, if I was the defense lawyer in this case, I would be staking it right from beginning about: Mr. Lewis, you lied to the police, and then you made a deal to save your life, and now that deal is, you come in here and tell the truth. How do we know you are not lying now? And I would start right from the top with this guy.
KAGAN: Well, you mentioned the cross-examination that is going to start after this current break right now. So if you are the defense attorney, you go after Ray Lewis's credibility right out of the start.
COSSACK: You bet! I mean, just remember, this, as I keep saying, on Friday, he was facing life imprisonment, over the weekend he made a deal, the deal was that he admitted that he lied to the police to save his own career. There is his motive. Now, Mr. Lewis, you want to save your career, you would do anything. You know, just three days ago you were facing life imprisonment. Now you are back being an all pro, make lots of money. And I would tell that jury, how much can you really believe him? and do you want to convict somebody just based on his testimony?
KAGAN: Somebody with a $26 million contract at stake.
COSSACK: That is right.
KAGAN: Roger Cossack, thanks for the input.
We are going take a break, cross-examination is ahead, Right now, we will have a break, and we will be back after this.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
|Back to the top||
© 2001 Cable News Network. All Rights Reserved.|
Terms under which this service is provided to you.
Read our privacy guidelines.