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TESTIMONY

EXAMINATION BY WHITE

05:15

07:20

Previous Depositions

Also known as Janey Doe; used this name for 10 years. I used my given name, Jane Doe, since I was born on 04/18/70. I have never had my deposition taken before. Black is representing me today at my deposition.

08:01

10:02

Preparation for Deposition

Smith knows that I am being deposed today. We did not discuss my deposition or what I would testify. It is my understanding that I am here because I am a witness. I looked at bank statements and letters from my lenders regarding student loans in preparation for this deposition.

10:25

11:20

Profession, Work Schedule

I worked at Doctors' Hospital for 3 years as of August, from 3:30 to midnight, 3 to 4 days a week, but the days vary. I sometimes work in STAT Nursing, registry maybe once a month, but lately have not been working. I am not going to school or doing anything else that would keep me out of the house on a regular basis.

11:20

12:24

Current Address

My current address is 14-A Gold Street. Since the end of August or beginning of September of last year, I have lived, slept and eaten at 14-A Gold, and it has been my only residence. I have also slept at my mother’s house in Benetia.

13:03

13:25

Smith returned to Gold Street from Canada

In July, Smith took a trip to Canada for the military lasting 7 to 10 days. He returned to 14-A Gold Street.

14:01

14:20

Doe’s Car Belongs to Smith

I have a gold colored 1990 Honda Civic, which I use to drive to work. When I am home, I park it at Good Health hospital or on Gold, Fair or Mission Street. The car is owned by Smith.

15:10

16:12

Work History

Before I worked at Doctors' Hospital, I was a full-time student at Matchbook College in Hayward while working part-time a representative for Foot Shoes at the San Francisco downtown office on California and Grant. I became a RN when I graduated from nursing school.

16:15

16:22

Initial Meeting of Doe and Smith

I met Smith through working together in 04/00-05/00. At some point we became a couple. We had become intimate at approximately the end of 05/00. I knew he was married at the time.

17:01

18:05

Previous Residences

I was living at 166 Green at the end of 05/00. I moved in to Silver Street in 01/00, which was when I graduated from nursing school and started working at Doctors'. I lived with Shelly Huh. She was my friend and had lived at Silver before I moved in. I do not know how long she lived there before I moved in. Before I lived at Silver, I lived at Green for 2-1/2 to 3 years.

18:07

20:20

Doe and Smith Stay Together Prior to Moving to 14-A Gold Street

Smith gave me a ride to the deposition. I anticipate taking BART to Daly City to go to work, and Smith picking me up. I did not drive to the deposition because parking is terrible in this area. Smith lived at 14 Gold when I first met him. He stayed with me off and on at 166 Sunny. It was my understanding that when he was not staying with me at Sunny, he was staying at 14 Gold. I did not know of any other place that Smith stayed. The first time I talked with Smith about moving into 14-A Gold was when I had personal problems with my roommate. She had not told me that she was charging me for utilities for my boyfriend, plus we also had personal differences. Our first discussion was in the summer of 2001. I stayed over with him at 14 Gold less than 10 times.

21:23

22:10

Doe Initial Discussion with Smith Regarding Moving into 14-A Gold Street

Sometime after the summer of 2001, I had discussions with Smith about moving in with him at 14-A Gold.

22:24

27:18

Doe First Saw 14-A Gold Street Two Months Before Discussion with Smith

I had seen the unit one or two months before our discussions, when I was visiting Smith while he was living downstairs, I went upstairs and saw that someone was laying carpet. I do not know if they were near the end of the construction project. When I moved in, the construction was finished. My ex-roommate gave me verbal notice that she was evicting me, and wanted me to vacate within one month. She wanted to evict me because of personality problems. She had already told me that she wanted me to move out when I had my first discussion with Smith about moving in.

29:01

30:14

Doe Occupies 14-A Gold Street

I moved out at the end of August, beginning of September, and moved in to 14-A Gold. John and Greg, Smith’s friends, with whom we socialize occasionally, helped me to move my bed, dresser, clothing and books from Sunny to Gold. The dresser and bed are currently in my room. John lives near Wilder Avenue in San Francisco.

31:19

32:28

The Bigelow Family Occupy 14 Gold Street

I know the Bigelow family. I know Ann and her husband, but I forgot his name, Jenie and Jan are their hildren. I moved up to 14-A and saw them at 14. I am not sure exactly when the Bigelow family moved in. When I moved in, I was unsure if they were living at 14. The Bigelows still live at 14.

33:12

34:06

Bigelow Children Occupy 14-A Gold Street with Smith and Doe

Jenie and Jan live with me now at 14-A. At the time I moved in, they were not living at 14-A, and had no furniture or belongings there. After I lived there for a few months, Jenie and Jan moved to 14-A, because they get into fights with their father.

35:07

36:25

Doe Preferred 14-A

Initially, Smith and I discussed moving in with him to 14-A Gold Street while he was living at 14. I told him that I preferred 14-A because when the construction is finished it will be newer. Smith and I did not have a discussion about staying in 14 and renting out 14-A, nor did we have a discussion about moving to 14-A and renting out 14.

37:01

39:04

Smith There Prior to the Bigelow and Doe Moving In

When I noticed the Bigelow had moved into 14, I did not discuss with Smith the reason they were there. I did not understand why they were in 14. When I moved in to 14-A, Smith already had his belongings there. When I moved in, I moved my bed to 14-A, and so Smith moved his bed to 14

39:07

39:26

No discussion with Smith About Moving Anywhere Else

Smith and I never talked about living together anywhere else, other than 14-A Gold. I did not intend to leave Sunny until my roommate asked me to.

40:15

40:28

Doe and Smith Content with Living Situation

I am content with my living situation at 14-A, and neither Smith nor I have ever expressed discontent about it. I am not bothered by the neighborhood.

43:22

43:25

Doe Told Mother That She Was Moving to 14-A Gold Street

Within the last year, I told my mother that I was moving to 14-A Gold, and no other place.

44:04

45:03

Smith Offered to Let Doe Stay with Him

When I told Smith that my roommate wanted me to move, he said that I could stay with him. I replied, “Thank you. That would be nice”, or something to that effect.

45:14

47:26

Smith Pays All of the Bills

I did not install a telephone in my name at 14-A. Smith paid me for utilities when I was staying at Sunny. I have never paid Smith for rent, mortgage, utilities, monthly payments, or for the use of the premises at 14-A. I have never paid a bill, instead of Smith paying it, to the utility company, or made a monthly payment to the bank. I am living under Smith’s good graces Smith takes care of my housing-related expenses. I have no further financial understanding with Smith.

48:17

49:03

Doe and Smith Sleep Together

I see Smith on a daily basis when he is in town. We sleep together every night when we are both in town.

49:07

49:16

Doe had No Discussion with Smith Regarding Bigelow Children’s Stay

He did not discuss with me how long Jenie and Jan would be staying upstairs.

52:09

53:03

When Smith Met Doe, He had No Girlfriends

At the time that I met Smith, he did not have any girlfriends. At some point, Smith conveyed to me that he did not have any girlfriends. I heard and saw nothing to conclude whether or not he had any girlfriends.

57:10

60:38

Doe and Smith have Joint Checking Account

We have a joint checking from which I pay for groceries and my personal expenses. There are no mortgage payments made from this account. I may have paid for one bill by using this account. The bank does not send statements for this account, just the check numbers and the amounts. I do not get my checks back. I do not inquire regarding for what the money is being spent. I do not put all of my paycheck into the account, it varies as to how much I make or how I feel. Smith does not put his entire paycheck into the account. The purpose of opening the account is to have an account together since we are a couple, and for me to save some money.