D-1
Excerpts of Court Transcript
To preserve anonymity, the three child witnesses are referred to as Witness A, Witness B, and Witness C. All three children were relatively near the sniper and were also near to the people who were shot. The children testified in a closed courtroom, with the defendant removed. Only the witness, judge, jury, prosecuting attorney, and defense attorney were present.
Excerpt of testimony of Witness A (a 7-year-old child)
[Questions precede]
Prosecutor (P). Please describe what happened on the playground on the day in question.
Witness A (A). We were on our way outside to play when the shots were fired.
P. So, you were just leaving the lunchroom?
A. Yes.
P. What did you see?
A. A teacher was shot and she fell down. Everyone started to scream. Some kids ran to hide under tables. Other kids just fell down. Then I saw a girl get shot. Mr. Ogilvie ran over to help the girl. Our teacher was telling us to get back inside the school.
P. Did you see the shooter?
A. Yes. He was pointing a rifle and shooting from the porch of a house across the street.
P. Can you describe the shooter?
A. He was tall, with long hair and I think a beard. He was wearing blue jeans and a long coat and he had on a wool cap.
P. Do you see the man in these pictures? (Hands a 6-pack photo-array to A.)
A. Yes. I’m pretty sure he’s the one. (Points to #3.)
P. Are you sure?
A. Yes. I’m sure.
[Questions follow]
Excerpt of testimony of Witness B (a 5-year-old child)
[Questions precede]
Prosecutor (P). Please describe what happened on the playground on the day in question.
Witness B (B). I was eating lunch with my friends. When we finished, our teacher took us outside to play. I was on the swing and Johnny was pushing me. Then I heard the shots.
P. What happened next?
B. I saw an older girl get shot. She was skipping rope and then she fell down and was bleeding. Mrs. Young got shot in the arm.
P. What did you do?
B. Everyone was screaming. I fell down.
P. Did you see who was shooting?
B. Yes. I saw a big man with a gun in the house across the street.
P. Where was he in the house?
B. On the porch.
P. What did he look like?
B. He was big. He had long black hair and a beard.
P. Did you notice his clothing?
B. He wore jeans and a brown jacket.
P. Do you see the man in these pictures? (Hands a 6-pack photo-array to B.)
B. Yes. I think it was this one. (Points to #3.)
P. Are you sure?
B. Yeah.
[Questions follow]
Excerpt of testimony of Witness C (a 9-year-old child)
[Questions precede]
Prosecutor (P). Please describe what happened on the playground on the day in question.
Witness C (C). My friends and I were outside playing kickball after lunch. I was playing right field, which is my usual position. Teddy had just kicked the ball when I heard the shots.
P. What happened next?
C. I turned around and I saw Sally get shot. She was playing hopscotch with Jane and Rebecca. Sally was bleeding and Mrs. Wiley went to help her. Jane and Rebecca ran screaming toward the school. Then I saw Mr. Ogilvie run toward his students. Then he was shot and fell down.
P. Did you see the shooter?
C. Yes.
P. Where was he?
C. He was across the street. He was shooting at us from in front of the brown house.
P. Can you describe the shooter?
C. He was pretty tall. He had a moustache. He had on jeans, work boots, a green corduroy jacket, and a baseball hat, I think.
P. Do you see the man in these pictures? (Hands a 6-pack photo-array to C.)
C. Yes. I think that he’s the one. (Points to #5.)
P. Are you sure?
C. Yes.
[Questions follow]