thank you.
I believe you testified yesterday that your youngest daughter was born in
October of 2018. Is that right?
And at the time of the events in this case, in September of 2020. Um that
would make her not quite two years old. And you were still breastfeeding her at
that time? I was
So where we left off yesterday? Was that I was about to begin questioning
you about some of the actions that you took to destroy or conceal evidence in
this case.
Uh And I think where we had exactly left off was um I had asked you about
removing Mr Emeralds belongings from his vehicle. Yes. And you testified
that you had placed them in *** bag?
Yes. And then the attempt was to burn those items, correct? Yes. And then uh
you took steps to hide the burn pile. I did. You covered it with rocks? I did
to make it uh not visible. Yes.
You testified yesterday that you wiped down the inside of Mr Emeralds vehicle?
Yes, I did. Various surfaces, yes. And then including the door handles on the
outside of the vehicle as well. Yes. You tried to hide the vehicle itself
under instruction. Yes, covered it with *** tarp. Yes. Uh Cut down branches.
Yes, piled those branches in front of and around and on top of the vehicle
with the help of Mr Baroni.
And you also wrapped Mr Emeralds body in *** tarp.
You attempted to bury it? I did. And when that didn't work, you dragged it
to the creek that you described yesterday.
I did. And you did that after you had removed his head. Yes.
Your honor may I approach
Sure the witness has been marked exhibit 45 states exhibit excuse me. 45
CC.
You removed his head using that saw there.
Yes, I did.
And I'm Gonna show her state's exhibit 45 d. d.
And when the saw didn't complete the job, you used the knife that's pictured
there, correct? Yes, I did.
Sure
here. If I might just take *** moment and show those to the jury,
mm hmm.
For
Okay
good.
Mhm.
You removed mr Emerald ted with his body still in his Subaru impreza,
correct. That is correct. But you had pulled it out part way his body. That
is I did. Uh and you had done that so that when you removed his head it would
fall to the ground.
Yes, I did.
And whatever you, something that Attorney Gotti asked you about
yesterday. Uh you spoke about the afternoon of Tuesday September 22, 2020.
Yes, that was the afternoon uh, that the fish and game officers came to the
campsite area, so to speak.
And you testified that they transported you to the Berlin Police Department?
Yes. Where you met with officers? Amma Tucci and Shatford from the state
police. That is correct. And
the day that of that Tuesday ended
with you being taken by them, the officers that is to *** hotel up north,
correct.
And then the next day Wednesday September 23. You spent time with
officers and maturity. And Shatford as well. Yes. And at the end of your
contact with them on that Wednesday September 23. Uh you were not arrested.
No, we were released.
And you spent that Wednesday night at *** co worker's house, Ryan Robertson's
house.
And that was after officers Amma Tucci and Shatford had helped you make phone
calls to find *** place to stay.
Uh and it wasn't until the next evening, Thursday September 24 That you were
arrested, correct. And that was at about 11:30 in the evening
Roughly. I'm not 100% certain on that, but it was late at night. It was late
at night.
I want to discuss what you were and were not charged with in terms of
crimes.
You were charged as you said yesterday with falsifying physical evidence
and three counts of that, correct? That is correct. One count for cleaning Mr
Emeralds vehicle. Yes. *** second count for wrapping his body in *** tarp and
dragging it into the woods. That's correct. And then the 3rd count for
decapitating Mr Emeralds body. Yes.
And uh the same prosecutors that are here in this courtroom. Attorney, ***
guardian Attorney Chase. They were the prosecutors on your case as well.
That's correct. Uh And they made the decision what to charge you with and
what not to charge you with objection your honor. Thanks.
You were not charged with assaulting Mr Amaral. No, I was not. You were not
charged with standing on his neck.
No I was not not charged with slitting his wrists. No I was not. And you were
charged with killing him. No I was not. You pled guilty as you said yesterday
to those three charges of falsifying physical evidence. I did pursuant to
*** plea agreement that you discussed yesterday. That is correct. Uh, plea
agreement that you and your attorney made with Attorney Guardian Attorney
Chase. That is true. Uh, and under the terms of that plea agreement um you
have already been released from the prison. That is true.
You recently met with those same prosecutors correct. Attorney ***
Guardian Attorney Chase is correct and met with them prior to your testimony
yesterday. That is correct. Met with them to prepare your testimony
to prepare myself for the trial
and to testify at this drive. Ultimately, yes.
You know if I could have *** moment,
mm hmm
I don't have any further questions.
Just *** brief moment please.
Bye. Mm hmm.
Thank you. Just very briefly,
Miss Mitchell, I have just *** very few handful of questions I'd like to ask
you based upon what you were just asked by attorney luego *** moment ago.
Um, you asked *** moment ago whether you remained at the campsite from
monday night into Tuesday. You're not *** moment ago. Excuse me yesterday.
You were asked by *** turning luego whether you had remained at the
campsite from monday night into Tuesday do you remember being asked that
question? I do. And during that time period was Jonathan? Amaro's Subaru
working? No it was not. Where was it? It was in the woods. They jammed into
the woods. Did you still have your cell phone on you? Yes. Did you have any
cell coverage? No. And the phone was dead completely.
You were also asked yesterday about your messages with Jon and you stated I
believe your your testimony and cross examination. Was that your
conversations with john on social media had been about 8 to 9 days. Um When was
the it's 8 to 9 days In the past. Close to the 89 days before Jonathan was
murdered when It was eight days. It was about nine days before he was murdered.
nine days before.
Um You were also asked about your phone yesterday. About the one that we looked
at before T. L. E. Four. Um I want to ask *** follow up question to what you
have there in your phone. Did you have people in your household that were
saved as contacts?
Yes I did. Okay. Did you have your the defendant's mother Marie? Elena saved
as *** contact? I did. Do you remember what her contact name was mama? And did
you have her husband scott? Rica's saved as *** contact. Remember what his
contact name was scott?
Um You were asked just *** few minutes ago about whether or not that you were
still breastfeeding at the time? Alright. What concerns did you have
when you were brought up north to the grant? About that
the baby being pulled away from that like that's just
that was something she needed just to go to sleep.
So you were still nursing to sleep? I was nursing for comfort.
And was she eating other foods? Solid foods.
And what about with regards to you? Were asked *** moment ago whether or
not you had gone ahead and covered Jonathan's car with *** tarp. Did you
put the tarp on yourself? Did the defendant help you? How did that tarp
get on the car?
I honestly don't remember.
And the cutting of the branches. I know you've testified before that that was
something that both you and the defendant did together.
And
you were asked *** moment ago about when you cut and decapitated Jonathan,
what was the defendant doing while you did that? Watching me do it?
And the last question attorney luego asked you about the fact that you had
not been charged um with standing on Jonathan's neck or cutting his wrists
or even pointing *** gun at him. Um Are you familiar with *** part of the
criminal code that has to be found *** voluntary act takes place objection
your honor. We can approach.
Okay.
Don't forget that you can take *** stretch if you need to while we're at
sidebar? Thank you for your patience.
So Miss Mitchell? Are you familiar with the portion of the law that requires
any criminal act that to be taken? You have to find that it has been ***
voluntary act that somebody has done it voluntarily. Are you familiar with that
portion or concept of the law?
Not really. The next question is, are you familiar with the portion of the
law that says that an act that is taken under duress is not *** voluntary act
under just objection overall. Go ahead. You can answer the question. I I have
heard of that,
thank you very much. I don't have any further questions for you. I appreciate
it. Thank you.
No further questions.
All right, MS Mitchell. So the question is done, Is she subject to recall
perhaps? Is she going to be excused from the State at this point? We don't
believe so.
Okay. All right, so you're excused. Thank you. Thank you.
The people.
Okay.