CROSS EXAMINATION BY MR. HOLOHAN
Q. All right. Ms. Proffitt as a — Mr. Inge said that you gave a bunch of statements, right? I have a — I have a binder just for you here. The story about Mr. Worrell committing suicide isn’t the only lie you told to the police? Correct?
A. Correct.
Q. You also told the police, in fact, that Mr. Bomber wasn’t even present when Mr. Worrell committed suicide? Correct?
A. Correct?
Q. Okay. And you told them when Detective Walters — Not only did you tell the uniform police officers, but you told Detective Walters the suicide story. Correct?
A. I did.
Q. And you started talking to him about 8:13 on June 5th and you were still at the apartment complex. Right?
A. Yes.
Q. And in fact Detective Walters expressed some skepticism about what you were telling him? Didn’t he?
A. Yes.
Q. And you told him, I’m telling you the truth? When he expressed skepticism about what you were saying, didn’t you?
A. Uh-huh.
Q. And in fact, he again, told you that he was skeptical about what you were telling him? And a second time told him, it’s the truth, I swear. Didn’t you?
A. Yes, I did.
Q. And then, you said, I’m not trying to protect David. Didn’t you?
A. No.
Q. You don’t remember saying that?
A. I do not recall.
Q. Let’s get — Let’s get out your statements. This is page 37 of the first statement that you gave. Detective Walters says to you, Listen to me, okay —
MR. INGE: Your Honor, this is a past recollection refreshed, not impeachment. He hasn’t asked the proper foundation questions to do past — to do past recollectios.
MR. HOLOHAN: She didn’t say that she didn’t remember, Your Honor.
THE COURT: First of all, I think that it is impeachment because she just said that she didn’t say that. And you are now trying to show her where she said that.
MR. INGE: I thought that she said that she didn’t remember.
MR. HOLOHAN: I heard her say — I heard her say she’d never said that, Your Honor.
THE COURT: That’s what I thought.
MR. INGE: If I’m mistaken, I apologize. I just thought that she said that she didn’t remember it.
THE COURT: Well, it doesn’t make any difference. Show her that and let her look at it and see if she recalls it differently.
(Cross examination of Ms. Proffitt by Mr. Holohan continues.)
Q. Do you remember saying that?
A. Do you care if I read, to try to refresh my memory, if I did?
THE COURT: You are going to have to speak up, ma’am.
MS. PROFFITT: I asked him if it was okay if I try to read to try to refresh my memory if I did.
(Cross examination of Ms. Proffitt by Mr. Holohan continues.)
Q. Do you have any problem reading that sentence?
A. No.
Q. Okay. What does it say?
A. I’m not trying to protect him, I’m not.
Q. And that’s when Detective Walters asked you, if you are trying to protect David, this is not the time to do it. Correct?
A. Yes.
Q. So do you remember saying that now, or not?
A. If I did then, I did. But, my remembrance of it now, I do not remember.
Q. And do you remember before that part of your statement was done, when you were still telling the Officer, Detective Walters that Mr. Worrell had tried to commit suicide, do you remember saying that you swear — you swore to God that you were not covering for — for David?
A. If I did, I do not recall.
Q. And then, in fact, Officer or Detective Walters stopped his questioning of you, and then came back and started questioning you again that same evening? Correct?
A. Yes.
Q. And — And that’s the time when you changed your story again, and said that — that it was an accident that Mr. Worrell was stabbed? Correct?
A. Yes.
Q. And you in fact said that — at the time you claimed that after Mr. Worrell was stabbed the knife fell unto the kitchen floor. Correct?
A. Yes.
Q. And that you said it was all accidental that Mr. Bomber did not intend to stab Mr. Worrell.
A. Yes.
Q. And then, Detective Walters came back and started questioning you about it a third time. And you changed your story again? Right?
A. Yes, I did.
Q. And at that time, that’s when you started saying that — that Mr. Worrell had threatened Mr. Bomber and was approaching him. Correct?
A. Yes, because by that time, I was able to calm down and realized that I needed to be able to at least start admitting some of the truth and try to get it out because I was in so much shock, I did not know what to say. And I was afraid of getting myself in trouble for being there and witnessing that or not ever seeing him again. And not — and just from seeing all the blood and stuff, it just — I didn’t know what to say.
Q. So you were in shock, but you had the presence of mind to make up a story about Mr. Worrell committing suicide?
A. Yes, because once — once I got so historical and don’t know what to do, I go into being able — to be able to try to cover —
Q. You lied?
A. Like cover what I really feel like because I didn’t want to admit it to myself. If you could understand, like —
Q. So if the truth is upsetting to you, you make up a lie because it’s hard to accept the truth?
A. Yes.
Next in the series: The testimony of Velvie Proffitt – Part 12.
SEE ALSO CASE NO. 7:16cv00171 IN THE UNITED STATES DISTRICT COURT @ http://vawd.uscourts.gov
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