From: Junot
Date: 1/30/01
Time: 5:36:38 PM
From Jason simpson's civil trial deposition:
: Now, why would it be not possible to climb the fence from the Salinger property onto the Rockingham property after that point where we just stopped?
MR. LEONARD: Same objections.
THE WITNESS: 'Cause there's a succession of trees that are probably about six inches apart and probably about four inches in diameter that are right -- I mean that go from here all the way back (Indicating). So, I mean, you'd have to be a pretty thin dude or female to slip through them. And they got branches.
BY MR. PETROCELLI:
Q: Is there a carport on the Salinger property?
A: Yeah. Yes.
Q: Are you able to get on that carport and then jump on over?
MR. LEONARD: Same objections.
MR. PETROCELLI: You are shaking your head no. Have you tried that, Mr. Leonard?
MR. LEONARD: No, no. I'm shaking my head at the question, that's all.
MR.PETROCELLI: You aren't suggesting the answer?
MR. LEONARD: No. In fact, the videotape will show the witness wasn't even looking at me at the time. You were looking at me.
MR. PETROCELLI: I am.
MR. LEONARD: But he wasn't. And the same objections.
MR. PETROCELLI: Okay.
MR. LEONARD: I will keep perfectly still now. And, no, I haven't tried it.
BY MR. PETROCELLI:
Q: Opposite the air conditioner --
A: Right.
Q: -- that is affixed to the -- a wall where it's marked "Kaelin's Room" --
A: Right.
Q: -- on this sketch here, Exhibit 179, opposite that air conditioner on the
Salinger property is a carport. Correct?
A: Yes.
Q: Okay. Are you able to -- could one get on that carport and then jump over at that point?
MR. LEONARD: Same objections.
THE WITNESS: I believe the trees don't stop at the top of the carport. They continue up. So not only would you have to be skinny, you'd have to be a pretty good hurdler.