Reporter's Transcript Volume 258 at 43107 - 43110:
Q: YOU INDICATED THAT IT WAS JUST AROUND YOUR -- OR JUST
AROUND WHEN YOU TURNED SIX THAT THE MOLESTATION BETWEEN -- THE MOLESTATION BY YOUR FATHER BEGAN.
DO YOU RECALL THAT TESTIMONY YESTERDAY?
A: YES.
Q: DID YOUR FATHER EVER TAKE PICTURES OF YOU?
A: YES.
Q: AND DID YOUR FATHER EVER TAKE PICTURES OF YOU NUDE?
A: YES.
Q: DID ANYONE ELSE EVER TAKE PICTURES OF YOU NUDE?
A: NOT THAT I KNOW OF.
Q: DID YOUR FATHER TAKE PICTURES OF LYLE MENENDEZ, YOUR BROTHER, NUDE?
A: YES.
Q: DID YOU SEE HIM TAKING PICTURES OF YOUR BROTHER LYLE MENENDEZ NUDE?
A: YES.
Q: AND WOULD HE ASK YOU TO DO ANYTHING LIKE POSING, ANYTHING SPECIAL WHEN HE TOOK A PICTURE OF YOU NUDE?
A: SOMETIMES.
MR. LEVIN: YOUR HONOR, I HAVE TWO SMALL PHOTOGRAPHS. THE FIRST ONE HAS BEEN MARKED PREVIOUSLY 221-B, AND I WOULD ASK THAT IT BE MARKED -- I BELIEVE WE'RE AT 352?
THE COURT: 352. EACH ONE YOU'RE MARKING SEPARATELY?
MR. LEVIN: I HAVE TWO AND TWO BLOWUPS OF EACH ONE. SO
PERHAPS -- THE SMALL PHOTOGRAPH I'M ASKING BE MARKED 352 AND THE BLOW-UP, WHICH PREVIOUSLY WAS MARKED 223, COULD THAT BE MARKED 352-A?
THE COURT: YES.
MR. LEVIN: I HAVE ANOTHER SMALL PHOTOGRAPH THAT HAS BEEN PREVIOUSLY MARKED 221-H. I ASK THAT IT BE MARKED 353; AND THE BLOW-UP I ASK BE MARKED 353-A.
THE COURT: ALL RIGHT.
MR. LEVIN: COUNSEL?
Q: MR. MENENDEZ, SHOWING YOU TWO PHOTOGRAPHS; FIRST, 353, DO YOU RECOGNIZE THAT PHOTOGRAPH?
A: YES.
Q: IS THAT A PHOTOGRAPH TYPICAL OF THE TYPE YOUR FATHER TOOK OF YOU?
A: SOMETIMES.
Q: AND I NOTICE IN THAT PHOTOGRAPH THAT YOUR HEAD IS NOT SHOWING; IS THAT CORRECT?
A: YES.
Q: HOW DO YOU KNOW THAT THAT'S YOU?
A: BECAUSE OF MY BIRTHMARK.
Q: YOU HAVE A BIRTHMARK ON YOUR RIGHT WRIST?
A: YES.
Q: DOES THAT BIRTHMARK SHOW IN THE PHOTOGRAPH?
A: YES.
Q: WOULD YOU SHOW THE JURY FROM WHERE YOU'RE SEATED THE BIRTHMARK.
A: (WITNESS COMPLIES.)
Q: I SEE IT'S ON THE TOP OF YOUR RIGHT WRIST, JUST BENEATH YOUR HAND.
A: YES.
Q: HAVE YOU HAD THAT ALL YOUR LIFE?
A: YES.
Q: SHOWING YOU WHAT'S BEEN MARKED 352, DO YOU RECOGNIZE
THAT PHOTOGRAPH?
A: YES.
Q: WHO'S IN THAT PHOTOGRAPH?
A: I BELIEVE IT'S LYLE.
Q: AND IS THAT THE KIND OF PHOTOGRAPH YOUR FATHER WOULD TAKE OF YOUR BROTHER LYLE?
A: SOMETIMES.
Q: I'D LIKE TO SHOW YOU WHAT'S BEEN MARKED 353-A. IS THAT A BLOW-UP OF 353?
A: YES.
Q: AND IN PHOTOGRAPH 353-A, ALTHOUGH IT'S CLEAR IN THE SMALLER PHOTOGRAPH, IS THAT THE MARK THAT YOU'RE REFERRING TO THAT YOU SHOWED THE JURY, YOUR RIGHT WRIST?
A: YES.
Q: SHOWING YOU 352-A, IS THAT THE BLOW-UP OF 352?
A: YES.
Q: THAT'S YOUR BROTHER LYLE MENENDEZ?
THE COURT: WHAT'S YOUR ANSWER?
THE WITNESS: YES.
(Direct examination goes on to different topic - omitted.)
Reporter's Transcript Volume 258 at 43156 - 43159:
(THE JURY ENTERED THE COURTROOM AND THE FOLLOWING PROCEEDINGS WERE HELD:)
THE COURT: OKAY. THE JURY IS BACK. YOU MAY CONTINUE YOUR DIRECT EXAMINATION.
MR. LEVIN: THANK YOU. YOUR HONOR, I HAVE A KODAK COLOR PRINT ENVELOPE WITH SOME WRITING ON THE OUTSIDE. IT HAS BEEN
PREVIOUSLY MARKED AS EXHIBIT 219, AND I ASK THAT IT AND ITS CONTENTS BE MARKED EXHIBIT 356.
THE COURT: 356.
MR. LEVIN: AND I ALSO HAVE A -- LOOKS LIKE A PROOF SHEET OF SOME PHOTOGRAPHS THAT'S BEEN PREVIOUSLY MARKED AS 234. I ASK THAT THIS DOCUMENT BE MARKED EXHIBIT 357.
THE COURT: 357.
Q: BY MR. LEVIN: MR. MENENDEZ, I'D LIKE YOU TO TAKE A LOOK AT WHAT'S JUST BEEN MARKED AS 356 AND ASK YOU TO TAKE
PARTICULAR NOTE OF THE WRITING THAT APPEARS ON THE OUTSIDE OF THAT DOCUMENT.
DO YOU SEE THAT WRITING?
A: YES.
Q: DO YOU RECOGNIZE WHOSE WRITING THAT IS?
A: YES.
Q: WHOSE WRITING IS THAT?
A: MY MOTHER'S.
Q: DOES YOUR NAME APPEAR IN YOUR MOTHER'S HANDWRITING?
A: YES, IT DOES.
Q: WHAT DOES IT SAY?
A: IT SAYS: "ERIK'S BIRTHDAY, NOVEMBER 1976."
Q: NOW, WOULD YOU TURN TO THE REAR OR TURN THE ENVELOPE OVER.
DO YOU SEE A STICKER WITH A NAME ON IT?
A: YES.
Q: AND A RECEIPT?
A: YES.
Q: WHAT DOES THE RECEIPT SAY?
YES, THIS ONE. DOES IT HAVE YOUR NAME ON IT?
A: "MENENDEZ, 4 HARLOW LANE, MONSEY, NEW YORK."
Q: AND IS THAT WHERE YOU RESIDED DURING YOUR -- IS THAT AN AREA YOU'RE FAMILIAR WITH AT YOUR 6TH BIRTHDAY?
A: IT WAS MY HOME IN MONSEY.
Q: AND I WANT YOU TO OPEN UP THE ENVELOPE AND REMOVE THE CONTENTS.
DO YOU SEE SOME NEGATIVES IN THERE?
A: YES.
Q: WOULD YOU REMOVE THEM.
YOU'VE SEEN THOSE NEGATIVES BEFORE, HAVEN'T YOU?
A: I'M NOT SURE IF I SAW THE NEGATIVES. I'VE SEEN THE PICTURES.
Q: DO YOU REC -- CAN YOU TAKE A LOOK AT THE NEGATIVES, HOLD IT UP TO THE LIGHT AND SEE IF YOU CAN TELL WHAT'S ON THEM.
A: THAT PHOTO (POINTING).
Q: WHEN YOU SAY "THAT PHOTO" AND YOU POINTED, ARE YOU REFERRING TO THE PHOTOGRAPHS THAT HAVE BEEN PREVIOUSLY MARKED AS 353, 353-A, 352 AND 352-A?
A: YES.
Q: AND ARE THERE OTHER PHOTOGRAPHS ON THAT NEGATIVE STRIP AS WELL?
A: YES.
Q: WHAT ARE THOSE PHOTOGRAPHS OF?
A: MY DOG TRISTESSE, MY FATHER, SOME CHILDREN.
Q: NOW, TAKE A LOOK AT WHAT'S BEEN MARKED AS 357.
DOES THAT LOOK LIKE A PROOF SHEET OF THE PHOTOGRAPHS THAT ARE ON THE NEGATIVES?
A: YES.
Q: AND DO YOU SEE ON THE PROOF SHEET THE PHOTOGRAPHS THAT HAVE BEEN PREVIOUSLY MARKED AS 352 AND 353?
A: YES.
Q: INCLUDING ON THAT -- ON THAT PHOTO STRIP DO YOU SEE THE OTHER PHOTOGRAPHS OF CHILDREN FROM YOUR 6TH BIRTHDAY PARTY?
A: YES.
(Direct examination goes on to different topic - omitted.)
