Q.   By 9:00, when you got on that ferry boat, it 
                    would be fair to say that you were fatigued? 
                                 MR. NELSON:  Objection, Judge. 
                                 THE COURT:  Sustained.  Well, how were you 
                    feeling then?  You can ask that. 
                            Q.   How were you feeling then?
                            A.   I was feeling fine, better than I am now. 
                            Q.   Okay, but after being up for more than twelve 
                    hours, going to work, going to school, you were tired, 
                    weren't you? 
                            A.   No, I was used to the routine.
                            Q.   And you got on that ferry boat and you sat 
                    down -- incidentally, had you been taking that 6 p.m. 
                    class often?
                            A.   It was once a week on a Friday. 
                            Q.   Were you there other classes that you took?
                            A.   Yes, there were. 
                            Q.   How many times had you been to that class 
                    before August 17th, if you recall?
                                 MR. NELSON:  Objection as to relevancy, your 
                                 THE COURT:  Overruled.  She said it was part 
                    of her routine.
                            A.   That summer of 1990, probably about twenty 
                            Q.   All right, so that about twenty times, twenty 
                    Friday evenings, you got on the 9:00 boat, you got off at 
                    about 9:30 and you got on the S46 bus to come home is that 
                            A.   Yes. 
                            Q.   So it would be fair to say that you were a 
                    regular on the S46 bus at about 9:30 on Friday nights?
                            A.   Yes.
                            Q.   And when you got on the bus, did you 
                    recognize the bus driver on August 17th of 1990? 
                            A.   No, I didn't. 
                            Q.   You had never, never seen that bus driver 
                            A.   No. 
                            Q.   As you sit here today, can you tell us what 
                    he looked like? 
                            A.   Yes, I could. 
                            Q.   But he is not a person you had seen ever 
                    before, is that what your testimony is? 
                            A.   Yes, that is my testimony.
                            Q.   So that was the first time that bus driver 
                    was driving that bus, as best you recall?
                            A.   Yes. 
                            Q.   At that time of night?
                            A.   It wasn't the regular bus driver.
                            Q.   Okay, now, you got on the bus and you sat 
                    down, correct?
                            A.   Yes. 
                            Q.   Incidentally, there were about twenty people 
                    who were also on the ferryboat waiting to get on that bus 
                    at the ferry terminal, weren't there? 
                            A.   Yes. 
                            Q.   And you recognized more than just the three 
                    persons you've described here as having been on that boat 
                    that evening, right? 
                            A.   Yes.
                            Q.   In fact, it would be fair to say you 
                    recognized -- recognized all twenty as having been on the 
                    boat, right? 
                                 MR. NELSON:  Objection, leading the witness. 
                                 THE COURT:  No, overruled.  Answer the 
                    question as best you can.
                            A.   No. 
                            Q.   About how many?
                            A.   Say about fifteen. 
                            Q.   And those fifteen people, some of them you 
                    knew as passerbys from your neighborhood? 
                            A.   No. 
                            Q.   You knew some of them from traveling often at 
                    this time of day on a Friday?
                            A.   No, I didn't. 
                            Q.   Well, how is it that you recognized them?
                            A.   They were on the boat with me. 
                            Q.   And that's the sole basis of how you 
                    recognized them, they were on the boat with you that 
                            A.   Yes.
                            Q.   Those other twenty? 
                            A.   Yes. 
                            Q.   And they got on the bus with you, right?
                            A.   Uh-huh.
                                 THE COURT:  Is that yes? 
                                 THE WITNESS:  Yes. 
                                 THE COURT:  Thank you. 
                            Q.   When you got on the bus, you sat down, and 
                    you sat down as you walked down the aisle towards the back 
                    towards the right before you got to the back door, 
                            A.   Yes. 
                            Q.   And it's your testimony that Ada Marks sat in 
                    the very back of the bus with his back facing the back of 
                    the bus, is that right? 
                            A.   Yes. 
                            Q.   Okay, and there is no question in your mind 
                    that that's where he sat?
                            A.   No.
                            Q.   You're absolutely certain? 
                            A.   Yes. 
                            Q.   Did he switch seats during the ride? 
                            A.   No. 
                            Q.   Did he remain seated the entire time until 
                    the bus came to a stop at Castleton and Broadway, isn't 
                    that right?
                            A.   Yes. 
                            Q.   And it's at Castleton and Broadway that you 
                    say he got up and got off the bus behind Ken Tyler, right?
                            A.   Yes. 
                            Q.   Incidentally, that bus at Castleton and 
                    Broadway, that bus pulled right up to the curb and pulled 
                    up to the bus shelter, that is the bus stop on Castleton 
                    Avenue, didn't it? 
                            A.   Yes. 
                                 THE COURT:  I think that's Plaintiff's 1 you 
                    are holding, Mr. Murphy. 
                                 MS. MURPHY:  Yes, it is, your Honor. 
                                 THE COURT:  Okay.
                            Q.   Would it be fair to say that the front of 
                    that bus, the front door pulled right up to a where a 
                    person might be standing in the bus shelter? 
                            A.   Yes.
                            Q.   Would you please mark  with this red pen that 
                    I am holding where on the bus shelter on Castleton Avenue 
                    the front door of the bus would have been? 
                                 THE COURT:  Let the officer get that. 
                                 MS. MURPHY:  Yes, your Honor. 
                                 THE COURT:  You want to put an F for front 
                                 MS. MURPHY:  How about an FD for front door.
                                 THE COURT:  FD for front door.
                                 MS. MURPHY:  Thank you, Judge.
                                 THE COURT:  All right, show it to the jury.
                                 MR. NELSON:  I would also like to take a look 
                    at that, your Honor. 
                                 THE COURT:  Of course.
                                 MR. NELSON:  Thank you.  Okay.
                            Q.   That bus pulled right up to the curb, did it 
                            A.   At the shelter, yes.
                            Q.   And you, because of where you were seated, 
                    were able to see the sidewalk immediately outside the back 
                    door, right? 
                            A.   Yes.
                            Q.   And as people walked out of the bus from the 
                    back door on August 17th of 1990, they stepped right on to 
                    the sidewalk, didn't they? 
                            A.   Yes. 
                            Q.   Now, how many people were on that bus as it 
                    pulled out of that bus shelter at the ferry boat terminal 
                    that night? 
                                 MR. NELSON:  Objection.  She already 
                    testified that fifteen people were on the bus.
                                 MS. MURPHY:  No, that's not the testimony.
                                 THE COURT:  I believe the testimony was that 
                    fifteen people from the ferry boarded the bus at the same 
                    time she did. 
                                 MR. NELSON:  I stand corrected, your Honor. 
                            Q.   So can you tell us how many people were on 
                    that bus as it pulled out of that bus shelter at the ferry 
                    boat terminal that night?
                            A.   Approximately fifteen to twenty people.
                            Q.   And those people all sat down, did they? 
                            A.   Yes. 
                            Q.   There were no persons standing? 
                            A.   No. 
                            Q.   Then the bus pulled up and around to the 
                    large shelter here on Bay Street, didn't it? 
                            A.   Yes. 
                            Q.   Did more people get on there?
                            A.   I don't recall.
                            Q.   And the bus then proceeded down Bay Street 
                    and made a right hand turn on Victory and went up Victory, 
                    didn't it?
                            A.   Yes. 
                            Q.   As it went up Victory, it made several stops 
                    didn't it? 
                            A.   No, did not. 
                            Q.   Did not?
                            A.   No. 
                            Q.   You testified before the Grand Jury that 
                    that's where this man got on, right?
                            A.   Yes. 
                            Q.   And you were absolutely certain at that time 
                    in December of '93 that he got on at that location, 
                    weren't you? 
                            A.   Excuse me, December of '93? 
                                 THE COURT:  You testified in front of the 
                    Grand Jury.  Do you recall doing this December of '93? 
                                 THE WITNESS:  Yes. 
                            Q.   And you said he got on at that location? 
                            A.   Yes. 
                            Q.   But back in August of '90 when you were first 
                    interviewed within hours of the event, it's a fact, is it 
                    not, that you told the detectives that you did not hear or 
                    see Ken enter the bus, but you know he didn't get on at 
                    the ferry terminal. 
                            A.   I did not say that. 
                            Q.   Do you recall that that's what you said to 
                    the detectives in August of '90?
                            A.   I don't recall that. 
                                 MS. MURPHY:  May I approach the witness, your 
                                 THE COURT:  Yes.
                                 MS. MURPHY:  Thank you.
                            Q.   I'm going to ask you to read a portion of the 
                    Grand Jury minutes where it says this.  Could you read 
                    that to yourself, please? 
                                 THE COURT:  Yes, read it to yourself.  Let us 
                    know when you are finished. 
                            A.   I am finished. 
                                 THE COURT:  Does that refresh your 
                    recollection as to what you might have said to the 
                                 THE WITNESS:  No, it doesn't.
                            Q.   But you do acknowledge you were interviewed 
                    extensively by detectives on August 17th at about 
                    midnight, just hours after the event? 
                            A.   Yes.
                            Q.   And that doesn't refresh your recollection 
                    about what it is you told them then? 
                            A.   No. 
                            Q.   Your memory of the events that occurred in 
                    August of 1990 didn't improve over time, did they?  Your 
                    memory of the events aren't better today than they were in 
                    August of '90, are they? 
                                 MR. NELSON:  Objection.  Argumentative. 
                                 THE COURT:  Overruled. 
                            A.   No. 
                            Q.   In fact, you don't know where Ken Tyler got 
                    on the bus, do you?
                            A.   He got on at Victory and Montgomery. 
                            Q.   And the first time you told anybody that, was 
                    in December of 1993, isn't that correct? 
                            A.   I don't recall when the first time I told 
                    anyone that. 
                            Q.   Well, when do you think the first time you 
                    told that to detectives was? 
                                 MR. NELSON:  Objection. 
                                 THE COURT:  Sustained as to the form of the 
                            Q.   Did you believe you told the detectives all 
                    of the important things about what happened in August of 
                                 MR. NELSON:  Objection. 
                                 THE COURT:  Sustained.  
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