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.