Court is breaking for the day, will resume tomorrow.
They are saying that the former lunchroom worker, Kay Dunn, works with the wife of one of the jurors, and that there have been conversations about the case by the juror, his wife, and others. Judge House has decided to excuse one of the jurors due to the fact that he has discussed the case after being instructed not to. They have excused a juror referred to as "Mr. Knight." He will now be taken back to the jail and will no longer be needed as a member of the jury.
The prosecution is now questioning a lady who used to work in the lunchroom at Chickamauga Elementary School.
Defense: Is there anything else?
Girl: There's more, but I can't remember.
Defense: Well, rubbing and fingers in the butt, and things like that, that's something you'd remember right?
Defense: Is there anything else?
Girl: Um...Well she used to wear shorts and short shirts when she mowed the yard.
Defense: Well...okay, I mean is there anything else with you and the touching?
Defense: It occurred six or more times in the kitchen?
Defense: Well, I'm just wondering how it went from "I don't remember" and "I don't know" this morning, to being “six or more times in the kitchen" this afternoon?
Girl: I just remembered.
Defense: You just remembered. Okay, good.
Defense: What is it that helps you remember it?
Girl: You talking about it.
Defense: When you were in school back then with Ms. Tonya, did you tell anybody anything about what happened like you are telling us today?
Defense: What about in first grade, when there were teachers and a lot of people in the school, did you tell anybody?
Defense: Well what about in third grade?
Girl: Do you mean second grade?
Defense: Did I skip second grade? Did you tell anybody at your school in second grade?
Girl: I don't think so...
Court has resumed from its break.
Defense: If I watch the video interview of you, is that going to be okay with you?
Girl: I don't care.
Defense: I just want to hear what you said, is that okay?
Girl: Okay, I don't care.
The court is taking a short break.
Defense: So at the sleepover, you weren't having a good time and you wanted to leave?
Defense: So Ms. Tonya got down on her knees at eye level and told you that it wasn't very nice to act that way?
Defense: And that was Ms. Tonya being mean to you?
Girl: Yes, she was being mean.
Defense: Okay, got it ... and you never went back to Ms. Tonya's house after that?
Girl: I don't think so.
The defense has shown the girl numerous photographs from the defendant's wedding party and other gatherings, and has had her identify persons in the photos. The defense pointed out everyone's demeanor, smiles, etc.
Defense: When you were at the wedding ... boy, you guys were sure dressed up, weren't you?
Defense: Was it hot?
Girl: Yes it was hot.
Defense: So the wedding was on July 7th of 2007. You think that might have been the day you signed this book?
Girl: I don't know.
Defense: Do you think they could have gotten everybody to sign the guestbook on another day?
Girl: I don't know.
Defense: Well, so you didn't like her in 2006. Are you saying you didn't like her in 2007?
Girl: I didn't like her.
Defense: Do you remember singing and dancing at the wedding, and singing words to adult songs?
Defense: So at the wedding in 2007, at the time you didn't like Tonya, you were still at the wedding.
Defense: So you used to go over to Tonya's house when your mother ran errands, is that right?
Defense: And sometimes overnight?
Defense: So it was one overnight?
Defense: Okay, if I say something that's wrong, please correct me. How many times were there that you were actually at Ms. Tonya's house?
Girl: I don't know.
Defense: More than 20 times?
Girl: Maybe 10 times.
Defense: I'm just trying to figure out when these terrible things happened.
Girl: They happened mostly every time I was ever there.
Court has resumed and the defense has picked up where it left off, with the questioning of one of the alleged victims.
Defense: Who is in this picture?
Girl: Me, Ms. Henke (Tonya Craft).
Defense: Who is that with her arm around Ms. Henke?
Defense: Who is smiling?
Girl: Me and Ms. Henke (Craft).
Defense: Thank you.
The defense introduced the photograph as evidence with no objections.
Defense: When you were in kindergarten class, what did you think of her?
Girl: I didn't like her...
Defense: What did I just give you?
Girl: A book.
Defense: And what does it say on the inside there?
Girl: Thank you for being so wonderful and so loving...Love (child’s name)
Defense: And did you write that?
Girl: I signed my name, but I didn't write the other part.
Defense: Because you couldn't write all that yet, right?
11:34 a.m. Court now taking lunch break until 1 p.m.
Defense: When you were asked about when the abuse happened, you said you were five, right?
Defense: You were in her class when the abuse happened?
Defense: When you were asked about when the abuse happened, you said you were five and in first grade.
Girl: It happened when I was in her class when I was five and when I was in a different class in first grade.
Defense: When were you in (Tonya Craft’s) class?
Girl: When I was in kindergarten, when I was five.
Defense: When did you make the other film, “The Lost and Found Family?”
Girl: I was 7. I think I was 7.
Defense: What was that one about?
Girl: It was about a girl whose husband had died. I played a foster child.
Defense: She was an abused or neglected child right?
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Defense: You have talked several times to people about this on video right?
Defense: This is kind of like a script right?
Defense: If we were to take all this down, we could read it later right?
Defense: So okay, when did you make the movie “One Missed Call?”
Girl: I don't remember that.
Defense: How old were you?
Girl: I was 6, or maybe 5.
Defense: I'm going to show you a picture of you when you did this film, and can you tell me how old you were?
Defense: That's the promotion picture, isn’t' it?
Defense: But it doesn't help you remember how old you were?
The defense is breaking down her IMDB (Internet Movie Database) page and discussing different methods of acting, monologues, cold readings, etc.
Defense: Did you learn how to do scenes?
Defense: This displays your skills as an actress and classes you've taken, right?
Defense: What is IMDB resume?
Girl: I don't know.
Defense: I don't either (laugh).
Defense: We are trying to establish a foundation.
Defense: Mr. Arnt asked you about being an actress, right?
Defense: Commercials too?
Girl: I tried out for some, but I didn't make it.
Defense: Who placed you for those things?
Girl: I had an agent.
Defense: I want to ask you about the movies you've been in. What was your part in this film "One Missed Call."
Girl: I played a girl named Laurel.
Defense: Then you were in another movie?
Defense: You were in this other movie with Ed Burns?
Defense: And was he nice to you?
Defense: Where did the shoot take place?
Girl: Jacksonville, Georgia
Prosecutor Chris Arnt: Where do you live?
Girl: I live in Ringgold Geogia...
Arnt: Makes sure the witness knows what it meant by raising her hand and makes sure she knows that she was taking an oath. Arnt is basically introducing the witness -- where she lives, where she goes to school, what she's learning in school, and the types of pets she has. Also asking about her life as an actor.
Girl: She's give me a bath at her house and scrubbed me really hard whereever she could, and she'd take her finger and stick it in my private.
Arnt: She put her finger in your private?
10:34 am. Jury has been brought in. Judge House apologizes to the jury for the delay and notifies the jurors that they need to keep from watching the news, discussing the case with anybody, even each other. The first witness, one of the girls who prosecutors say was molested, takes the stand.
10:15 am. Gregor: We can't continually object to these questions by the defense. The laws need to be followed, and admissible questions need only to be asked.
Gregor: We want rulings up front by the court that the questions being asked do not violate rules by the state. We can't continually object. It's not enough for us to just pop up and object.
Lorandos: They don't want us to prove our case.
Meeting taking place now in the Judge's chambers. Four defense attorneys and two prosecutors are meeting in House's chambers.
10 am. Lorandos: If we are going to bring up Craft's character, we are going to bring into light all of her character.
Lead prosecutor Chris Arnt cites different cases in the past where character has been brought into question.
Lorandos: To take a specific bad act and use that to characterize a person is wrong. If a person didn't pay for their Girl Scout cookies in 1965, that doesn't mean they are capable of other bad acts.
9:40 a.m. The court is fining $300 dollars for the violation, that will be paid to the Clerk of Court. Tony Parris and Jennifer Sullivan are two owners of vehicles that had the bumper stickers.
Prosecutor Len Gregor: On Tuesday we got a taste of what Demosthenes Lorandos, a defense attorney who gave the opening statement on Tuesday, said he’s going to show this jury. The majority of what he said is inadmissible.
Lorandos: We realize that the prosecution wants to block us from presenting this case.
Gregor: We want them to follow the law in this case.
9:31 a.m. The day is beginning. Judge Brian House apologizes for the delay. Court was scheduled to begin at 9 a.m. The court has subpoenaed Catoosa County Sheriff Phil Summers. House is talking about a violation of the gag order. Vehicles have been on courthouse grounds that sported Tonya Craft bumper stickers. “Truth for Tonya” bumper sticker was on the grounds yesterday. The bumper sticker was visible before jury selection. They could have been influenced. Defense does not deny the allegation.