Commonwealth v. Read — Trial ArchiveHeather Maxon — Direct/Cross/Redirect
459 linesWhereupon, HEATHER MAXON having been first duly sworn, was examined and testified as follows:
JUDGE CANNONE: All right. Whenever you are ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, ma'am.
MS. MAXON: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MS. MAXON: Heather Maxon, M-A-X-O-N.
MR. LALLY: And where do you live, ma'am?
MS. MAXON: Plainville.
MR. LALLY: And who long have you lived there?
MS. MAXON: My whole life.
MR. LALLY: Do you work, ma'am?
MS. MAXON: I do.
MR. LALLY: And what do you do for work?
MS. MAXON: I'm a nanny.
MR. LALLY: And how long have you been doing that?
MS. MAXON: About four years.
MR. LALLY: Ma'am, if I could direct your attention to January 28th, into January 29th of 2022. Do you recall those dates?
MS. MAXON: I do.
MR. LALLY: And do you recall what days of the week those were?
MS. MAXON: The weekend. Saturday. Friday, Saturday.
MR. LALLY: And, as far as the evening of the 28th, what, if any, plans -- or where were you on that evening?
MS. MAXON: I was with my boyfriend at the time, Ryan. And we were out in Canton at local bars.
MR. LALLY: And your boyfriend, Ryan, his last name is Nagel?
MS. MAXON: Correct.
MR. LALLY: And did he live in Canton at that time?
MS. MAXON: Yes.
MR. LALLY: Do you recall about what time it was that you left to go out to a bar that night?
MS. MAXON: I don't remember, no. Sometime in the afternoon.
MR. LALLY: And who, if anyone, did you go with in addition to yourself and Mr. Nagel?
MS. MAXON: Our other friend, Ricky.
MR. LALLY: And what is Ricky's last name?
MS. MAXON: D'Antuono.
MR. LALLY: And how do you know Ricky D'Antuono?
MS. MAXON: Through Ryan.
MR. LALLY: He was friends with your boyfriend at the time, Ryan?
MS. MAXON: Yes. Correct.
MR. LALLY: And, at that time, sort of the end of January 2022, how long had you and Ryan been dating?
MS. MAXON: I'd say about a year.
MR. LALLY: And did you know at that time sort of his parents or siblings, things like that?
MS. MAXON: I did, yes.
MR. LALLY: And how many siblings does Ryan have?
MS. MAXON: Two.
MR. LALLY: Okay. A brother and a sister?
MS. MAXON: Correct.
MR. LALLY: And what is the sister's name?
MS. MAXON: Julie.
MR. LALLY: Is she older or younger than Ryan?
MS. MAXON: Younger.
MR. LALLY: Now, at some point, you said in the afternoon or so, you go out to somewhere in Canton, correct?
MS. MAXON: Correct.
MR. LALLY: And do you recall, where is it that you went?
MS. MAXON: We were at C.F. McCarthy's.
MR. LALLY: And how did you get to -- well, prior to going to C.F. McCarthy's, where were you?
MS. MAXON: At Ryan's in Canton.
MR. LALLY: And do you recall how you got from Ryan's house to C.F. McCarthy's?
MS. MAXON: I don't remember. No.
MR. LALLY: What I am asking is do you recall did you drive? Did Ryan drive? How did you --
MS. MAXON: To C.F. McCarthy's?
MR. LALLY: Yes.
MS. MAXON: I drove.
MR. LALLY: And, if you drove, do you recall where you parked?
MS. MAXON: I don't.
MR. LALLY: C.F. McCarthy's, is that somewhere that you had been to before?
MS. MAXON: Yes.
MR. LALLY: And do you recall, generally speaking, when you came into C.F. McCarthy's, where it was that the three of you went?
MS. MAXON: Can you rephrase the question?
MR. LALLY: Sure. Where within the establishment do you recall -- were you seated at the bar, at a table or --
MS. MAXON: Oh. The bar.
MR. LALLY: And, if you know, about how long a period of time were you at C.F. McCarthy's?
MS. MAXON: I don't recall.
MR. LALLY: And was it just sort of the three of you that were there?
MS. MAXON: Yes.
MR. LALLY: And fair to say you went out to a bar and you were drinking?
MS. MAXON: Correct.
MR. LALLY: Okay. And do you recall what you were drinking?
MS. MAXON: I don't remember. It was probably a beer of some sort.
MR. LALLY: And the same for Ryan and the same for Ricky. Do you recall what they were drinking?
MS. MAXON: I don't recall. No.
MR. LALLY: Typically, would they be drinking beer?
MS. MAXON: Yeah. I'd say so. Yes.
MR. LALLY: So at some point, did you leave C.F. McCarthy's?
MS. MAXON: Yes.
MR. LALLY: And do you recall where you went following C.F. McCarthy's?
MS. MAXON: Hillside Pub.
MR. LALLY: And is that in Canton, as well?
MS. MAXON: Yes.
MR. LALLY: And is that somewhere that you had been to before, as well?
MS. MAXON: Yes.
MR. LALLY: And do you recall how you got from C.F. McCarthy's to the Hillside?
MS. MAXON: Ricky drove us.
MR. LALLY: And drove you in what?
MS. MAXON: His truck.
MR. LALLY: And do you recall what kind of truck or how big the truck was or color or anything like that?
MS. MAXON: I don't recall, no. A Ford, I believe.
MR. LALLY: And so Ricky is driving. Where is it that you and Ryan are within sort of the cab area of the truck?
MS. MAXON: Ryan was sitting in the passenger seat and I was in the back seat.
MR. LALLY: And the back seat that you were seated in, can you describe that as far as what kind of back seat did the back of Ricky's truck have?
MS. MAXON: I'm sorry. I can't hear you.
MR. LALLY: Sure. Let me ask it a little bit better, anyway. The back of Ricky's truck where you were seated, is that sort of one long seat or is it cabin chairs or --
MS. MAXON: One long seat.
MR. LALLY: Now, you get to the Hillside. Do you know about what time it was that you arrived at the Hillside?
MS. MAXON: I don't remember.
MR. LALLY: And, obviously, the Hillside is a bar, as well; is that correct?
MS. MAXON: Correct.
MR. LALLY: Did you have more drinks there?
MS. MAXON: Probably, yeah.
MR. LALLY: And at any point in time during the course of -- do you recall about how long it was that you were at the Hillside?
MS. MAXON: I don't recall, no.
MR. LALLY: Do you recall about what time it was that you left?
MS. MAXON: Late.
MR. LALLY: And, during the course of the time that you were at either C.F. McCarthy's or the Hillside as far as was anybody from your group, as far as yourself, Ryan or Ricky, sort of overly intoxicated in any way that you observed?
MS. MAXON: No.
MR. LALLY: When you went to the Hillside, was it just the three of you again, or did you eat or who, if anyone else, did you speak to or meet up with there?
MS. MAXON: We met up with friends. Yes.
MR. LALLY: And so a group of friends?
MS. MAXON: A group. Yes.
MR. LALLY: And do you know approximately how many people were in the group?
MS. MAXON: Maybe two.
MR. LALLY: So a couple other people and --
MS. MAXON: Correct.
MR. LALLY: And, when you left from the Hillside, where did you go?
MS. MAXON: We went to pick Julie up from her friend's house.
MR. LALLY: And the friend's house that you were going to, is that someone that you knew?
MS. MAXON: No.
MR. LALLY: And is that a house that you had ever been to before?
MS. MAXON: No.
MR. LALLY: And, as far as sort of -- did you take Ricky's truck again?
MS. MAXON: Correct.
MR. LALLY: And, as far as the seating arrangements that you described earlier from C.F. McCarthy's to the Hillside, what, if any, difference was there between Hillside and the friend's house?
MS. MAXON: There was no difference. We were sitting in the same seats.
MR. LALLY: And do you recall or do you know where, sort of now that you've gone to the location, do you know where that friend's house was?
MS. MAXON: Can you rephrase? I'm sorry.
MR. LALLY: Sure. Following leaving the Hillside and going to the friend's house, you had never been there before, correct?
MS. MAXON: Correct.
MR. LALLY: And having now gone to the friend's house to pick up Julie, do you know where that friend's house is?
MS. MAXON: To this day?
MR. LALLY: Yes.
MS. MAXON: No.
MR. LALLY: Okay. Was it still within the town of Canton?
MS. MAXON: Yes.
MR. LALLY: Do you recall anything about the route that you took from the Hillside to Julie's friend's house?
MS. MAXON: No. All I know is that we were taking a left onto the street of the house, where the house is located.
MR. LALLY: So as you're approaching the street where the house is located, Ricky is taking a left onto the street?
MS. MAXON: Correct.
MR. LALLY: And what, if anything, do you recall about that time period when Ricky is taking the left onto the street?
MS. MAXON: Could you rephrase the question?
MR. LALLY: Sure. Ricky is pulling up to the street?
MS. MAXON: Correct.
MR. LALLY: Is there a blinker or a directional that he uses prior to pulling onto the street?
MS. MAXON: I don't recall.
MR. LALLY: And you're making a left-hand turn; is that correct?
MS. MAXON: Correct.
MR. LALLY: And, as Ricky is making a left-hand turn, what, if any, other vehicles do you observe in the area at that time?
MS. MAXON: There was another vehicle in front of us on the same road coming from the opposite direction.
MR. LALLY: And can you describe that vehicle in any way as far as size, shape, color, anything?
MS. MAXON: Not the color, but it was definitely an SUV.
MR. LALLY: And, as far as prior to either vehicle turning onto the road where Julie's friend lived, what, if anything, did Ricky do with regard to the lights in the vehicle?
MS. MAXON: I'm sorry. I can't hear you.
MR. LALLY: Sure. As you're pulling onto the street and the other car is coming in the opposite direction, what, if anything, did Ricky do with regard to the lights on the truck that you were in?
MS. MAXON: The lights on the truck that we were in?
MR. LALLY: Yes.
MS. MAXON: Well, we let the other car that was coming from the opposite direction, we let them take a right onto the street first. We yielded to them.
MR. LALLY: And yielded to them. What, if anything, did Ricky do to signal to that other driver that they could go ahead?
MS. MAXON: He could have flashed his lights or put his blinker on. I don't recall.
MR. LALLY: From this other vehicle as far as the interior of the vehicle as you're yielding to this vehicle taking a right, what, if any, observations did you make of people inside that other vehicle?
MS. MAXON: I noticed a male and a female in the car.
MR. LALLY: And where within the vehicle was the male and the female that you observed situated or seated in the car?
MS. MAXON: The female was driving and the male was in the passenger seat.
MR. LALLY: And then beyond them being a male or female, what, if any, sort of other observation did you make of what they looked like or anything like that?
MS. MAXON: No. I didn't make any other observations.
MR. LALLY: Let me ask it this way: Were they African- American, Caucasian, older, younger?
MS. MAXON: Caucasian. Yeah, Caucasian.
MR. LALLY: Okay. So Caucasian female?
MS. MAXON: Correct.
MR. LALLY: Caucasian male?
MS. MAXON: Correct.
MR. LALLY: And, as far as age or anything like that, could you tell anything in regard to that?
MS. MAXON: Not really, no.
MR. LALLY: And, as far as your sort of differentiation between male versus female, what, if anything, did you observe about them that made you sort of characterize them that way?
MS. MAXON: Characterize them as a male and a female?
MR. LALLY: Yes.
MS. MAXON: Long hair and short hair.
MR. LALLY: So that vehicle pulls onto the street that you're going onto in front of you, correct?
MS. MAXON: Correct.
MR. LALLY: And Ricky then proceeds to make the left-hand turn?
MS. MAXON: Correct.
MR. LALLY: Now, as Ricky is driving down the street to wherever this friend's house is, where does that SUV that you observed making the turn, where does that go?
MS. MAXON: It was parked on the street, outside a house.
MR. LALLY: And so as far as from the time that you're -- I'm sorry. I'm just waiting for the truck to go by. So with regard to from the time Ricky yields to that car coming in the opposite direction and the time that you pull up to the house, was that SUV in front of Ricky's truck for the entire time?
MS. MAXON: Yes.
MR. LALLY: And where did that vehicle go with relation to the house that you eventually stopped at?
MS. MAXON: I'm not sure I understand the question.
MR. LALLY: Did the SUV that was in front of you go to the same house?
MS. MAXON: Yes.
MR. LALLY: Okay. And, when you get to the house, where was it that Ricky parked the truck in relation to the house?
MS. MAXON: Right outside the house. Probably a little past the mailbox, past the driveway.
MR. LALLY: And, when you make that turn from whatever street that is onto the street where the friend's house is, about how long down the street did you go before Ricky pulled over in the area of that mailbox?
MS. MAXON: I don't know. I'm not sure.
MR. LALLY: And, when Ricky comes to a stop in the area of that mailbox, where is -- or can you describe the distance sort of between where you are in Ricky's truck and where the vehicle is in front of you?
MS. MAXON: We were parked right behind it. Just a couple feet, maybe.
MR. LALLY: And, during the time that you were outside of that that friend's house, did that car stay still, move or something else?
MS. MAXON: It just stayed still.
MR. LALLY: So your memory is that the vehicle was essentially in the same place in front of you the entire time that you were there?
MS. MAXON: Correct.
MR. LALLY: And, from that sort of vantage point from behind the vehicle, did you observe any sort of damage or anything to the rear of the vehicle as it was in front of you?
MS. MAXON: I did not.
MR. LALLY: And, at any point in time, did you see anybody exit from that vehicle at any point?
MS. MAXON: No.
MR. LALLY: And did you see anybody exit from that vehicle and go towards the house?
MS. MAXON: No.
MR. LALLY: Now, as far as when you were pulling up to the house, what was the weather like at that point, if you recall?
MS. MAXON: It was snowing out.
MR. LALLY: And what, if anything, do you recall as far as sort of accumulation of that snow at that time?
MS. MAXON: It was a light snow, but it was sticking to the ground. It started to stick.
MR. LALLY: And, as far as when you're pulling up behind that vehicle, as far as behind that vehicle, did you observe any sort of marks in the snow from that vehicle?
MS. MAXON: No.
MR. LALLY: So no tire tracks or anything that you see?
MS. MAXON: Well, tire tracks on the road, obviously. But other than that, no.
MR. LALLY: Okay. So tire tracks on the road in behind that vehicle, coming up to the point where it was parked?
MS. MAXON: Correct.
MR. LALLY: Okay. And around that vehicle, you never observed anybody exit the vehicle, correct?
MS. MAXON: Correct.
MR. LALLY: Okay. And you also didn't observe any sort of footprints or anything like that in the snow around the vehicle?
MS. MAXON: Correct.
MR. LALLY: Now, following the time that you pull up in that area in the mailbox in front of the house, who, if anyone, came out of the house?
MS. MAXON: Julie did.
MR. LALLY: And where did she come when she came out of the house?
MS. MAXON: She walked right over to Ricky's truck.
MR. LALLY: And, when she comes over to Ricky's truck, who, if anyone, did she speak with in the truck?
MS. MAXON: She was speaking to all three of us.
MR. LALLY: And, at some point, did she get in the truck and did she go home with you or no?
MS. MAXON: No.
MR. LALLY: And where did she go after she left?
MS. MAXON: Back inside the house.
MR. LALLY: Did you see her sort of physically go back inside the house?
MS. MAXON: I did.
MR. LALLY: Okay. Is that something that your boyfriend at the time, Ryan, sort of specifically waited for her to get back in the house?
MS. MAXON: Possibly. I'm not sure.
MR. LALLY: Now, as far as, if you recall, when Julie came down to the truck and when Julie went back to the house, did she leave footprints in the snow or anything that you could see at that time?
MS. MAXON: I couldn't see but I assume.
MR. LALLY: Nothing specifically that you saw?
MS. MAXON: Nothing specific, no.
MR. LALLY: Okay. Now, that time period that Julie was at the side of Ricky's truck, talking to all three of you inside, about how long a period of time was that?
MS. MAXON: Not long. I'd say three, maybe five minutes.
MR. LALLY: And, in general terms, what was the discussion about?
MS. MAXON: You know, just chitchat. She invited us inside of the home. And I had told her that I did not want to go inside. I was tired and it was late. I just wanted to get back home. So she was like, okay, went back in, and we left.
MR. LALLY: And, when you left, was that vehicle that was parked in front of you, was that in the same position as you initially described when you left?
MS. MAXON: Yes.
MR. LALLY: And do you recall as far as Ricky pulling away from the curb or pulling away from the house to go home, did he have to sort of back out to get around it or no?
MS. MAXON: I don't recall.
MR. LALLY: And, when you left, was that vehicle basically -- as you're pulling away, that vehicle is in the same position, correct?
MS. MAXON: Correct.
MR. LALLY: Now, that vehicle that was parked in front of you, was it running or could you tell?
MS. MAXON: I could tell that it was running, yes. The lights were on.
MR. LALLY: And which lights were on?
MS. MAXON: The, you know, headlights, taillights. The inside car lights were also on.
MR. LALLY: Now, as far as, as you're pulling away from that house and heading off to home, which way were you facing as you came away from the house?
MS. MAXON: Could you rephrase?
MR. LALLY: Let me ask a different question, please. So when you pull up alongside of the house, which side of Ricky's truck is facing closer to the house? Is it the driver's side, the passenger side or something else?
MS. MAXON: The passenger side.
MR. LALLY: And so as the vehicle is pulling away, are you pulling away in the same direction?
MS. MAXON: Correct.
MR. LALLY: So the passenger side. So facing the house as you're pulling away?
MS. MAXON: Yes.
MR. LALLY: And you were looking -- let me ask you this: As far as when Julie left the truck and went back in the house, was she fully inside the house at the time that the truck was pulling away?
MS. MAXON: Yes.
MR. LALLY: Okay. And so when the truck is pulling away, where are you facing and sort of what are you looking at as you are passing by the house and passing by the SUV?
MS. MAXON: I was looking out the passenger side window. So facing the house.
MR. LALLY: And, as you go past the SUV, what, if anything, did you observe within the SUV?
MS. MAXON: I observed the female in the driver's seat.
MR. LALLY: And did it appear to be the same female that you observed as you were turning onto the roads of Julie's friend's house?
MS. MAXON: Correct.
MR. LALLY: And what, if anything, did you observe the female and -- where was she in the vehicle?
MS. MAXON: The driver's side.
MR. LALLY: So still in the driver's seat as you had observed earlier?
MS. MAXON: Correct.
MR. LALLY: Okay. And what, if anything else, could you see as far as the driver, as far as what was she doing or anything like that?
MS. MAXON: I didn't observe anything else. She was just sitting there.
MR. LALLY: And, as far as, as you were passing, what, if anything, did you note as far as the sort of interior lighting within the vehicle?
MS. MAXON: Yes. The interior lighting was on. So that's why I had noticed as we were pulling away the female in the driver's side, driver's seat.
MR. LALLY: As far as the male passenger that you saw as you were pulling onto the street, could you see him at that point?
MS. MAXON: I did not see any other person. Just the female in the driver's seat.
MR. LALLY: And, as you're passing by the vehicle, did you adjust -- I mean, how intently were you looking inside this vehicle?
MS. MAXON: Not very intently. Just kind of as we were passing by.
MR. LALLY: So you didn't sort of change your positioning to see better within the vehicle? You didn't lean forward, lean back or anything like that?
MS. MAXON: No.
MR. LALLY: And, after you left that house, where did you go from there?
MS. MAXON: Back to Ryan's.
MR. LALLY: Is that where you spent the night?
MS. MAXON: Correct.
MR. LALLY: If I may have a moment, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Do you know about what time it was that you got home?
MS. MAXON: I don't recall.
MR. LALLY: And by "home," I mean back to Ryan's house?
MS. MAXON: Back to Ryan's? No. I don't remember.
MR. LALLY: Just one moment, Your Honor.
JUDGE CANNONE: Yes.
MR. LALLY: Thank you, ma'am. I have no further questions for this witness, Your Honor.
MR. JACKSON: May I, Your Honor?
JUDGE CANNONE: Yes.
MR. JACKSON: Thank you.
CROSS-EXAMINATION BY MR. JACKSON:
MR. JACKSON: Hello, Ms. Maxon.
MS. MAXON: Hello.
MR. JACKSON: The first time you were ever interviewed about this case by law enforcement was September 1st, 2023; is that right?
MS. MAXON: Correct.
MR. JACKSON: So you were not interviewed at or around February 7th when Ryan was interviewed?
MS. MAXON: No.
MR. JACKSON: February 7th, 2022.
MS. MAXON: Right. No.
MR. JACKSON: So it was a full 19 months after the events in question that you were first contacted by law enforcement?
MS. MAXON: Correct.
MR. JACKSON: And you gave your statement for the first time at that point?
MS. MAXON: Correct.
MR. JACKSON: The truck that you were in, that -- I can't remember. Did you say the name of the truck? Was it a Ford F-150?
MS. MAXON: Correct.
MR. JACKSON: Okay. That was turning left onto Fairview from Cedarcrest. Do you recall that?
MS. MAXON: Correct. Yes.
MR. JACKSON: Do you know the names of the streets or are you just --
MS. MAXON: I don't know the names of the streets, no. Yeah. I'm not familiar with the town of Canton.
MR. JACKSON: Okay. That was my next question. If I showed you a map, for instance, that wouldn't really do any good because you don't know the street names?
MS. MAXON: Yeah. No.
MR. JACKSON: Okay. Fair enough. Ricky was driving. Ryan was in the front passenger seat and you were in the super cab portion of the truck, correct?
MS. MAXON: Correct.
MR. JACKSON: So you would have been situated directly behind Ryan?
MS. MAXON: I was in the middle.
MR. JACKSON: In the middle seat?
MS. MAXON: Correct. So I was in between Ryan and Ricky.
MR. JACKSON: Understood. Did you indicate that at some point you could see pretty clearly into the SUV as it turned, as y'all yielded way and it turned to what would appear to be its right in front of you?
MS. MAXON: Correct.
MR. JACKSON: And you could clearly see inside the passenger compartment there was a female driving; is that right?
MS. MAXON: Correct.
MR. JACKSON: And there was a male sitting next to her?
MS. MAXON: Yes.
MR. JACKSON: You indicated that by the time you guys negotiated your turn, sped up, made the turn, headed up Fairview, that SUV had already come to a stop?
MS. MAXON: Correct.
MR. JACKSON: And how far behind that SUV would you estimate Ricky pulled the truck in terms of car lengths? One car length? Two car lengths? Right on the bumper?
MS. MAXON: Yeah. Less than one car length. I would say a couple feet.
MR. JACKSON: A couple feet, meaning two or three feet?
MS. MAXON: Yes.
MR. JACKSON: So that's your recollection as you sit here?
MS. MAXON: Correct.
MR. JACKSON: Did you notice anything wrong with the back of the SUV?
MS. MAXON: I did not.
MR. JACKSON: You saw brake lights on?
MS. MAXON: Yes.
MR. JACKSON: How many brake lights?
MS. MAXON: Two.
MR. JACKSON: Left and right, correct?
MS. MAXON: Correct. Yes.
MR. JACKSON: Was there one in the top center?
MS. MAXON: I don't recall.
MR. JACKSON: You certainly did not see a full-sized Jeep Wrangler outfitted with a snowplow between the SUV and Ricky's truck?
MS. MAXON: I did not.
MR. JACKSON: All right. It sounds like a ridiculous question. You didn't see any other cars? There were no other cars between the two of you?
MS. MAXON: Correct.
MR. JACKSON: Okay. Is it fair to say that when you pulled up behind the SUV, other than noting that it was there, your attention was not necessarily focused on that SUV?
MS. MAXON: Correct.
MR. JACKSON: There was nothing extraordinary or out of the ordinary about that car?
MS. MAXON: Correct.
MR. JACKSON: You were there to pick up somebody, correct?
MS. MAXON: Yes.
MR. JACKSON: Or at least potentially?
MS. MAXON: Right.
MR. JACKSON: So I'm guessing your focus would probably be to the right where the front doors were of that house?
MS. MAXON: Sure.
MR. JACKSON: And you knew that Ryan had been communicating with his sister. And so you were sort of expectant in terms of watching Julie Nagel possibly come out of the house?
MS. MAXON: Correct.
MR. JACKSON: So during those moments, you weren't necessarily paying attention to what was happening directly in front of you, outside?
MS. MAXON: Right.
MR. JACKSON: Okay. You indicated that you believed that the chitchat that happened with Julie Nagel up at the truck was about five minutes?
MS. MAXON: Give or take.
MR. JACKSON: Okay. At that point, was one of the doors opened?
MS. MAXON: I don't believe so. We rolled our windows down --
MR. JACKSON: Did you also --
MS. MAXON: -- to communicate.
MR. JACKSON: I'm so sorry.
MS. MAXON: We rolled our windows down to communicate with Julie.
MR. JACKSON: Okay. So you don't recall one of the doors being opened and Julie standing in the crook of the door, having this conversation with Ryan?
MS. MAXON: I don't recall.
MR. JACKSON: Is that possible?
MS. MAXON: Sure. It's possible.
MR. JACKSON: Okay. Your memory is not necessarily focused on that?
MS. MAXON: Right.
MR. JACKSON: But you do know that there was a communication?
MS. MAXON: Yes, for sure.
MR. JACKSON: They were talking about whether or not you wanted to go inside the house?
MS. MAXON: All three of us.
MR. JACKSON: Okay. You, Ricky and Ryan?
MS. MAXON: And Ryan, yes.
MR. JACKSON: And y'all were talking about whether or not Julie was going to come with y'all; is that right?
MS. MAXON: Correct.
MR. JACKSON: And there was even a discussion about whether or not Julie's mom might pick her up?
MS. MAXON: I don't recall.
MR. JACKSON: So the specifics of the conversation you don't necessarily recall, but you do know that y'all talked about five minutes?
MS. MAXON: Give or take, yes.
MR. JACKSON: During the course of that five-minute conversation, where was your focus?
MS. MAXON: On Julie.
MR. JACKSON: Ultimately, the three of you did pull away from the driveway area where you were parked?
MS. MAXON: Could you rephrase?
MR. JACKSON: Sure. Ultimately, y'all did move, the truck did move, past the house and moved past the SUV?
MS. MAXON: Once we left, yes.
MR. JACKSON: As you drove by the SUV, you noticed that the dome light was on?
MS. MAXON: Could you explain what the dome is?
MR. JACKSON: Dome light. The interior light.
MS. MAXON: Yes.
MR. JACKSON: Dome.
MS. MAXON: Yes.
MR. JACKSON: Yes. So you could see it lit up the interior of the car?
MS. MAXON: Correct.
MR. JACKSON: It was a late model SUV, probably a pretty bright light. You could see inside the car?
MS. MAXON: I could.
MR. JACKSON: You clearly could see -- well, you could see a female?
MS. MAXON: Correct.
MR. JACKSON: By the way, do you recognize the person to my left?
MS. MAXON: I do but only because of --
MR. JACKSON: That was a terrible question. Of course you do.
MS. MAXON: Yes.
MR. JACKSON: Do you recognize her from that night? Is she the person that was in the driver's seat or do you know?
MS. MAXON: I don't know.
MR. JACKSON: Okay. But the person you did see was a Caucasian female with long hair?
MS. MAXON: Correct.
MR. JACKSON: Okay. As you drove by, the interior light was on well enough that you could see the female clearly?
MS. MAXON: Correct.
MR. JACKSON: And you could also see that there was no male in the truck, as well, correct?
MS. MAXON: I don't know. The other male that I saw in the SUV before they pulled onto Fairview?
MR. JACKSON: Correct.
MS. MAXON: He could have been in when it was parked. But the only person I saw as we were pulling away was the female driver.
MR. JACKSON: So when you pulled away, you looked to your right out your passenger window, correct?
MS. MAXON: Uh-huh. Correct.
MR. JACKSON: The interior dome light was on?
MS. MAXON: Yes.
MR. JACKSON: And you've testified to this before, correct?
MS. MAXON: Correct.
MR. JACKSON: And you've been asked these questions in another proceeding, correct?
MS. MAXON: Correct.
MR. JACKSON: And you testified the only person you saw in the interior of that car at that time when y'all pulled away was the female?
MS. MAXON: Okay.
MR. JACKSON: Is that right?
MS. MAXON: Sure, if I remember correctly.
MR. JACKSON: Okay. That's all I have. Thank you.
JUDGE CANNONE: Mr. Lally?
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: So, Ms. Maxon, during the time that you were asked about not sort of focusing on the SUV in front of you, fair to say that you would have seen a six-foot man walking away from that car, going towards the house?
MS. MAXON: Correct.
MR. LALLY: You were at a vantage point where you would have seen that had that occurred, correct?
MS. MAXON: Correct.
MR. LALLY: And you didn't see that?
MS. MAXON: I did not.
MR. LALLY: Nothing further.
JUDGE CANNONE: All right. So you are all set, Ms. Maxon.
MS. MAXON: Okay. Thank you.
(Whereupon, the witness is excused.)
JUDGE CANNONE: Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth would call Ricky D'Antuono.