DIRECT EXAMINATION BY MR. PHILIPS: Q. Mr. Townsend, what is your occupation? A. I am a corrections officer. Q. Sir, how long have you been a corrections officer? A. Let's see. For approximately ten years. Q. In the last year, have you had occasion to see in the course of your duties as a correction officer, the defendant, Daniel Elmore? A. Yes, I have. Q. And will you tell us where you have seen Mr. Elmore and under what circumstances? A. Yes, in the last year, I have been assigned duty at the main jail facility in Riverhead. MS. DELANEY: Your Honor, that is not what Mr. Phillips asked the witness. THE COURT: Please answer the questions put to you, Mr. Townsend. A. Okay, sorry, your Honor. Q. What has your contact been with Mr. Elmore? A. I have had contact with Mr. Elmore through my work in the main jail facility when I work in the minimum security area where he is housed. I have had conversations with him. MS. DELANEY: Objection. THE COURT: Overruled. Mr. Townsend, will you explain what the minimum security area is in the jail? THE WITNESS: Yes. The minimum security area in the jail is basically made up of four sections; Sections A, B, C and D. Section C is where Mr. Elmore is housed. It has dorm areas where you will find anywhere from, usually ten to sixteen inmates in a dorm. There is rec room for every 40 to 60 inmates. There is a special area for trustees. Q. So Mr. Elmore was housed in Section C? A. Yes, he was. THE COURT: Is he currently housed there? THE WITNESS: Yes, that's my understanding. Q. Okay, and are you still in Section C? A. Yes, I am, but I do move all around the jail. The guards are assigned to various decks on an alternating three day basis to make sure our job doesn't get really boring, so I may work Section C once a week and then again I may not work it for a week. The change helps the jail personnel to keep on top of things. MR. PHILIPS: Your Honor, I would appreciate an instruction to the witness that he confine his answers to what was asked. THE COURT: Yes, Mr. Townsend please just answer the questions posed. THE WITNESS: Okay. Q. In the course of your work, have you had occasion to talk to Daniel Elmore? A. Yes, I have. Q. What did you talk about? MS. DELANEY: Objection. Vague. THE COURT: Sustained. Q. Did he ever talk to you about his family? A. I don't remember. Q. Okay, you don't recall. Did you ever have any problems with Mr. Elmore while he was in jail? MS. DELANEY: Objection. What does he mean by "problems"? THE COURT: Sustained. Mr. Phillips, be specific. Q. Well, have you found him to be cooperative, respectful or dutiful or what? A. In my experience in working in the jail and having had contact with Mr. Elmore, I have had no real problems. He has always done everything that I have asked him to do. Q. Has he done it willingly or has he exhibited any hostility? MS. DELANEY: Objection. Calls for speculation. THE COURT: Overruled. You may answer, sir. A. He has always helped me willingly. Q. Do you know an inmate or did you know an inmate by the name of Thomas Porter? A. Yes, I did know Mr. Porter. Q. Okay and was Mr. Porter housed in the same dormitory with Mr. Elmore? A. Yes, he was. Q. Did Mr. Elmore try to help Thomas Porter? A. What do you mean by help? MS. DELANEY: Objection, your Honor. The question is vague. MR. PHILIPS: I will rephrase the question. THE COURT: Okay, continue Mr. Philips. Q. Did Mr. Elmore exhibit concern and respect when dealing with Thomas Porter? THE COURT: As you may have observed. A. Yes, it's my understanding that in observing them, that they had a pretty strong relationship as far as respect and caring for each other. Q. Was it a brother-type relationship? MS. DELANEY: Well, your Honor, what does that mean? I will object. THE COURT: No, I will allow it. A. Well, yes, there would be respect, caring and concern. Q. Do you know whether or not Daniel Elmore kept in touch with his family? A. I don't have any knowledge of that. Q. Did he talk to you about his children or his wife? A. I don't recall. Q. Can you think of anything else that you can say on behalf of Mr. Elmore? A. No, I can't. MR. PHILIPS: No further questions at this time. THE COURT: Ms. Delaney, do you have any cross-examination? MS. DELANEY: Yes, your Honor, thank you. CROSS-EXAMINATION BY MS. DELANEY: Q. I take it Mr. Elmore has been in a minimum security area of Section C all of this time? A. Yes, ma'am. Q. He is in one of those areas in the prison which in terms of the jail security has minimum restrictions placed upon the behavior of the prisoners upon what they can do, is that right? A. That's right. MS. DELANEY: May I have a moment, your Honor? THE COURT: We will take a five-minute recess. Members of the jury, I remind you that you are not to discuss the case among yourselves until all the evidence has been presented. We will adjourn for five minutes. Are you ready to proceed, Ms. Delaney? MS. DELANEY: Your Honor, I have no further questions on cross. THE COURT: Mr. Phillips? MR. PHILIPS: I have a few questions on redirect. REDIRECT EXAMINATION BY MR. PHILIPS: Q. Do you know a person by the name of Albert Eagan? A. Yes, I do. Q. Have you seen Mr. Eagan visiting with Mr. Elmore? A. Yes, I have on several occasions. Q. Did Mr. Elmore ever mention the Bible to you or anything of a religious nature? A. No. Q. Did you ever see Mr. Elmore reading the Bible? A. On occasion I have seen him reading the Bible, yes. MR. PHILIPS: I have nothing further? THE COURT: Any recross, Ms. Delaney. MS. DELANEY: No, your Honor. THE COURT: All right, Mr. Townsend, you are excused. Given the late hour, we will adjourn at this time and resume at 9:30 a.m. tomorrow.