Sunday, January 10, 2010

Lance's Testimony

Lance was called to the stand.

Lance stated that he knew Raye through high school, but they didn’t start dating until after high school.

My note: Lance is shaking and wiggling like he does – blinking a lot!

Lance’s counsel asked Lance when Raye Dawn became pregnant. Lance stated that Raye didn’t become pregnant before their marriage.

Lance’s counsel asked Lance how his marriage was to Raye Dawn. Lance stated that the “first year, plus, it was a great marriage.”

Lance stated that he had trust issues with Raye Dawn and that she would come home late at night after being out with other guys. Lance stated that he felt Raye Dawn was cheating on him.

Lance’s counsel asked Lance about the abuse in their marriage. Lance stated, “I did slap her one time.” Lance described Raye Dawn ranting and raving in front of other people and how he didn’t like it so he slapped her during a camping trip.

Lance’s counsel asked Lance if he abused Raye Dawn at any other time. Lance stated, “I took keys away from her because she was going out that night and she tried to get them from me and I restrained her.” Still referring to the camping trip where there were witnesses.

Lance’s counsel asked if Raye Dawn had indicated to him that she might be pregnant. Lance stated, “No.”

Lance’s counsel asked if there was any hint that Raye Dawn might be pregnant before their divorce to which Lance answered there was not.

Lance’s counsel asked when Lance learned that Raye Dawn was pregnant. Lance stated that he heard after their divorce that she was pregnant.

Lance stated, “I drove by the house that she was living in and she was outside and she was showing.”

Lance’s counsel asked Lance when he realized that the baby might be his. Lance stated, “I put the math together and the baby had to have been conceived while we were together and I wanted to know 100% if it was mine.”

Lance stated that he and Raye split up before Kelsey was born.

Lance stated that he asked Raye Dawn if she would have ever told him that he was the father and she said, “No.”

Lance stated that after the paternity test he got visitation through mediation and that the terms of the mediation were not followed by Raye Dawn.

Lance’s counsel asked Lance about his marriage to Ashley. Lance stated that he married Ashley in 2003.

Lance’s counsel asked Lance about his new family. Lance stated, “It was new to me having a baby, a new baby, we had a great family setting.”

Lance’s counsel asked Lance about his military career. Lance stated that he went into the Army Reserves in 1998 and got out of the reserves after two years. Lance stated that he was called to active duty on September 11, 2004.

Lance’s counsel asked Lance if he had any concerns about Raye Dawn as a parent. Lance stated that when Kelsey was eight months-old that Raye Dawn took Kelsey off of formula and put her on milk and Lance called the pediatrician to see if that was a good idea and he said, “No.”

Lance stated, “I knew she just did not like Ashley because Ashley was such a wonderful mother to Kelsey.”

My note: Gasps throughout the courtroom

Lance’s counsel showed pictures of Lance with Kelsey.

Lance’s counsel asked Lance about his mother getting his visitation. Lance stated, “I wanted my mother to have my visitation because I wanted my family to see Kelsey while I was gone.”

My note: Raye is crying while pictures of Kelsey are being shown

Lance was asked when he deployed to Iraq. Lance stated that he had two swelling discs in his neck so he didn’t go to Iraq when scheduled. Lance stated that he “stepped foot in Kuwait on May 3, 2005” and that he was there for approximately 5 months.

My note: May to August or September – That’s four months or less. According to his sister and friend, he lost it when Ashley wanted a divorce. That would have been in July or August when she told the DHS worker of her plans to divorce. She had met someone else.

Lance’s counsel asked Lance if there were any restrictions on his calls. Lance stated that he had to make calls through a pay phone or buy a phone card.

My note: DHS stated on more than one occasion that they spoke with him while he was “driving around Shawnee” on weekdays while he was allegedly "deployed" to Ft. Leonard Wood. To be “driving around,” he had a cell phone.

Lance’s counsel stated, “Did you have concerns after you left.”

Lance stated, “They fought very, very hard for her and her safety.”

Lance’s counsel showed a picture of Lance in his fatigues with Kelsey. Lance stated, “That’s my little baby.”

Lance’s counsel asked Lance about the picture. Lance was in fatigues holding Kelsey in white shirt and pink pants. Lance stated that the picture was taken at Will Rogers Airport on April 4, 2005 and that they were very happy to see each other.

Lance’s counsel asked Lance if that was the last time that he had seen Kelsey. Lance stated it was the last trip home.

Lance’s counsel asked if Lance had spoken to Kelsey and Lance said he did on the phone.

Lance’s counsel asked Lance how he found out that his daughter was dead. Lance stated that he had called home on October 11, 2005 and found out that Kelsey was gone.

My note: Lance sobbing and has been sniffling and tears throughout testimony

Lance stated, “She [Raye Dawn] thought I would be home on October 12th.”

Lance’s counsel stated to Lance, “Your child was murdered on October 11, 2005.”

Lance’s counsel then asked about Lance filing to be executor of Kelsey’s estate and stated that Raye had plead the fifth and not taken the stand even though there were no charges against her at the time. Lance agreed.

Lance’s counsel asked Lance how Kelsey’s death had affected him. Lance stated, “I feel miserable. I feel like I lost my best friend.”

My note: Raye Dawn has been highly criticized by the Briggs supporters for stating that Kelsey was her “best friend”

Lance described how he had one picture inside his locker in Iraq and that it was of Kelsey and that every day he thought of coming home to her.

Lance stated that he had lost his appetite and that he had not eaten in 4 years.

Lance stated, “I look at the families and I’m jealous. I want that. I want what they have.”

Lance’s counsel stated that Lance had counseling while in rehab. Lance stated, “I’m still lost.”

Lance’s counsel asked Lance about his opinion of Raye Dawn intervening in the lawsuit. Lance’s voice became angry and loud as he stated through clenched teeth, “She doesn’t deserve a penny!”

Cross-examination by Jones

Lance stated that he had heard that Raye Dawn thought he was returning on the 12th and he was not.

Jones asked Lance for the names of the men who were in Iraq serving with him since he didn’t remember a single name during his deposition.

Lance couldn’t remember names of any of his commanding officers.

Lance’s counsel objected

Judge overruled the objection

Lance stated that he now remembered one name of a man who was killed on his birthday.

Jones stated that Lance would have remembered the name of a soldier who was killed.

Lance stated, “I was having a hard time remembering things.”

Jones stated, “Are you asking the court to believe that Raye Dawn and Mike Porter murdered the child because you were coming home?” Jones stated that there was no evidence or factual basis of that theory.

Lance stated, “I have an opinion. I have no fact.”

Jones asked Lance about Ashley being with Kelsey while he was gone. Lance stated that Ashley was there for Kelsey.

Jones asked Lance, “Where is Ashley today?”

Lance stated, “I don’t know where she is. She’s probably at home.”

My note: Raye’s attorneys tried to deposition Ashley but she hid in her home with no trespassing signs and it would have cost too much to serve her through the sheriff. The Briggs did not add her to their witness list even though she was the main person who saw Lance interact with Kelsey.

Jones stated, “Ashley sued you for divorce and got a divorce. Was that a matter of trust?”

Lance stated, “She got a new husband while I was in Iraq.” Lance stated that he had been gone too long and that he didn’t have a trust issue with Ashley even though she found a new husband while married to him.

Jones stated that Ashley showed her affection for Kelsey and that Lance had testified that she loved Kelsey and was a good mother to her but hat she was not there now.

Jones stated, “Repeatedly, your testimony is of love and devotion from Ashley to Kelsey but you didn’t subpoena her to testify that Raye Dawn was abusing Kelsey because of it.”

Lance stated, “She thought she was being abused because she was in the picture so she found someone else and moved on.”

Jones asked Lance about the time that he slapped Raye Dawn while camping at the river. Lance stated that he slapped her with an open hand while then were alone in the tent.

Jones stated that the police were called. Jones stated that when Lance took Raye Dawn’s keys that the police were called.

Jones stated that Lance had abused multiple women, including Marie Larson.

Lance stated that Marie Larson “claimed” he abused her.

Jones stated that Lance was “in a night club brandishing a knife” and then later jumped by four men in the parking lot.

Judge summoned attorneys to the bench

Jones redirected his questioning and asked when Lance’s divorce with Raye Dawn was finalized. Lance stated that it was finalized in August.

Jones asked for Lance’s definition of finalized. Lance stated that he wasn’t sure when it was finalized because he did not go to court.

Jones asked Lance when the DNA test was given to Kelsey. Lance stated that it was one week after Kelsey was born.

Jones asked Lance about Kelsey’s birthday. Lance stated, “December 28, 2002.”

My note: In Lance’s deposition, he did not know Kelsey’s birthday or where she attended daycare or anything else about Kelsey. Lance stated that Raye’s attorney would have to “ask my mom.”

Jones asked Lance when Raye Dawn was pregnant or when she knew she was pregnant. Lance did not know.

Jones asked Lance if Raye Dawn asked for support during pregnancy. Lance stated she did not. Jones asked if Raye Dawn asked for support before the DNA test that Lance had requested. Lance stated she did not.

Jones asked Lance if Raye Dawn opposed the DNA test. Lance stated, “I don’t think she had a chance to. It was court ordered.”

Jones stated, “You were asked by counsel if you could think of any reason that Raye Dawn [kept her child from you].”

Lance stated, “There was no reason she would think I would endanger her or the child.”

Jones asked Lance about Raye Dawn’s first pregnancy and her miscarriage. Jones asked about Lance punching Raye Dawn in the stomach the day of her miscarriage. Lance stated, “I had not hit her.”

Jones asked Lance about his drinking problem. Lance stated that he did not have a drinking problem.

Jones asked Lance how Raye Dawn has miscarried. Lance stated that it was a “tubal pregnancy.”

Jones asked Lance “Did you two use drugs?”

Lance stated, “No.”

Jones asked Lance, “You don’t claim that Raye Dawn used drugs?”

Lance stated, “No.”

Jones stated that Lance had abused multiple women and that he had been arrested more than once for domestic violence.

Lance’s counsel objected.

Judge sustained the objection

Jones asked Lance if he had taken anger management after he found out that he was Kelsey’s father. Lance stated, “No.”

Jones asked about the date when Lance took anger management and it was after Kelsey’s birth.

Jones asked if Lance went to rehab in Maude. Lance thought he did.

Jones asked about Lance’s rehab at St. Anthony that was a one-week detox program.

Lance tried to remember when and where he attended rehab centers.

Jones asked Lance if he spoke to Kelsey while he was in Iraq. Lance stated that he did.

Jones asked Lance about the police being called multiple times to his home for domestic violence calls. Lance stated that was not true.

Lance stated that the police were only called one time to escort him to get his belongings.

Jones stated that the court had denied Lance joint custody.

Jones asked Lance about Raye Dawn’s relationship with Kathie. Lance agreed that Raye Dawn got along better with Kathie than with him. Lance stated that Raye Dawn took Kelsey to Kathie’s before he met her.

Jones asked Lance about being behind on child support at the time of Kelsey’s death in the amount of over $1,000. (Didn’t get full amount.) Lance stated he was behind $20.

Lance was excused.

I didn't write this down because at times the testimony was going very fast and now I understand why biased reporter Britten Follet's trial notes of Raye Dawn's trial were incomplete, but I just remembered something else from Jeanna's testimony.

During Jeanna’s testimony, Jones asked Jeanna about Raye Dawn marrying Lance and the fact that there was a conversation before the marriage that Lance would never hit Raye Dawn again after punching her in the stomach and causing her miscarriage. Jeanna stated, as she did to most questions, that she didn’t know about that because she tried to stay neutral.

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