“The prosecution admits it does not have any photograph that forms the basis of the charges. Nor has the prosecution provided any evidence that K.S. ever saw such a photograph. Nor has evidence of any transmission been provided. Nor does K.S. recall seeing a telephone or camera. When K.S. was asked by defense counsel, “Did you ever see him in possession of a camera or phone?” she answered: “Not to my knowledge. I didn’t see him with it.” The question was then asked: “And as you sit here now, you cannot state under oath that you ever saw him in possession of a camera – with a camera or a phone?” and K.S. replied, “Correct.” And then, “And you can’t say you saw it on his person, you can’t say you saw him put it down in the kitchen, take it from the kitchen, or put it down anywhere in the basement. Those are all correct statements, are they not?” K.S. answered, “Yes. I cannot say.”
Apparently recognizing the difficulty this testimony presented for the charges, the Assistant Circuit Attorney later asked K.S. “did you see what you believed to be a phone?” K.S. answered: “… I haven’t talked about it because I don’t know if it’s because I’m remembering it through a dream or I – I’m not sure, but yes, I feel like I saw it after that happened, but Ihaven’t spoken about it because of that.” She later re-confirmed, however, that she could not testify under oath that she saw a phone.” Read more… (Click image to expand)
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