To read Day Seven Of Trial Part 1.pdf click this link.

To read Day Seven Of Trial Part 2.pdf click this link.

To read Day Seven Of Trial Part 3.pdf click this link.

To read Day Seven Of Trial Part 4.pdf click this link.

To read Day Seven Of Trial Part 5.pdf click this link.

To read Day Seven Of Trial Part 6.pdf click this link.

When you are finished with Day Seven click the back button to return to this page.

Transcript Analysis

Day 7, August 24, 2006

Wendy Dutton

1. Page 16-10 Kellen said nobody took naked pictures of him.

2. Page 16-21 No inappropriate touching recorded by Kellen.

3. Page 17-8 Luke reports no nude photos taken.

4. Page 17-22 Luke reports no inappropriate touching.

5. Page 18-15 A year after first interview detective Bailey asked Luke to be interviewed a second time.  Why?  At second interview Luke spontaneously proffered info about pictures.  Possible coaching.  There is case law for bidding introduction of second interview testimony in Amicus Curiae Brief that Joe Hines has.

6. Page 19-7 Luke now has memory of defendant or Bob taking pictures of him.

7. Page 19-15 Luke describes a Polaroid camera.

8. Page 20-17 How can Luke know what is happening if he is asleep?

9. Page 21-7 Luke was coached by Kellen.

10. Page 24-19 Luke remembers the pictures.

11. Page 24-23 Polaroid made dings when shutter was released.  Sounds like a digital camera that makes a ding to indicate the shutter release because a digital camera has no shutter.  A Polaroid camera has a shutter that makes noise when released, and mechanical sound not a ding.

12. Page 25-18 Luke always looks at his legs when he wakes up.  Why?

13. Page 34-25 Wendy agrees Lukes abrupt introduction of information about his father is unusual.

14. Page 35-5 Luke reports 38 pictures taken of him strapped down.  No such photos exist.  How does he no 38 pictures were taken of him?

15. Page 41-13 Mom coached Luke.

16. Page 42-1 Subjects in photos not wearing pajamas.

17. Page 42-14 A child the age of Luke knows what Egyptian hieroglyphs look like?

18. Page 42-21 Mom coached Luke to blame Dad.

19. Page 44-11 It is possible Luke came to the second interview with somebody else's agenda.

20. Page 48-4 "Mom did this because she hates her son."  What a bizarre response from a child!

21. Page 51-3 Court won't ask a juror's question, suggesting a possibility that at least this juror had already formed an opinion about the trial and I would suspect it's a good one.

Brandy Paine

1. Page 71-12 She recognized the blankets in the photos and the bedroom.

2. Page 71-16 She recognized one of her brothers but doesn't identify which one and isn't asked.  Perjury.  Day 7, 97-1, 100-9.

3. Page 72-16 Mother asks daughter for adult advice, great parenting skills.  Day 7, page 97-1.

4. Page 74-10 After confrontation defendant left home and business for a month.  What about patients schedules?

5. Page 75-1 Joanne confronted defendant's family members in living room.

6. Page 75-5 Defendant was not present for conversations.

7. Page 76-3 Problems with addiction began February 2004.

8. Page 78-8 Police contacted her on their own.

9. Page 78-11 Did not wait for attorney to be present at the interview.

10. Page 78-14 Mom was not present at interview.

11. Page 78-20 She was shown photos at second interview.

12. Page 78-24 She answers question asking if she found the photos in the affirmative.  Freudian slip, pressure will break witness here.

13. Page 79-16 She recognized photos police showed her.  The blankets were the same.

14. Page 81-10 Brandy states they actually owned that blanket.

15. Page 81-12 Blanket given to police.

16. Page 81-16 Brandy took the blankets in January 2002 when she moved out.  Why would she asleep in a blanket her brothers were molested in?  Perjury.  Day 7,136-19.

17. Page 82-6 She recognizes exhibit 23.

18. Page 82-10 Now the blanket has turned into a sleeping bag and it's in a photograph.

19. Page 83-11 She recognizes exhibit 6.

20. Page 87-15 No mention of blanket/sleeping bag in review of photos she supposedly saw and recognized.  What happened?

21. Page 89-25 She moved out-of-state.  Reduce chance shall be called as a witness in second trial because of the expense.  She went to Texas .

22. Page 93-24 How could defendant take her off the cheerleading team?

23. Page 95-11 Drugs found at brandy's party.

24. Page 96-21 Polaroids identified as exactly the same lawns she saw in exhibits.  Not possible.  Polarized to duplicate themselves, they are single shot only.  Perjury.  Day 7, page 124-9.

25. Page 97-1 Now she says she didn't recognize her brothers in the pictures.  Perjury.  Day 7, page 71-16.

26. Page 98-1 She told detective Bailey the photos he showed her were of Luke.

27. Page 100-9 Now she says they can the pictures are of Luke.  Perjury.  Day 7, page 97-1, 71-16.

28. Page 100-18 All the pictures are of Luke.

29. Page 101-13 Comforter in photos is black and white.  Perjury.  Day 7,102-13.

30. Page 102-13 Comforters turned in as examples in photos are red and blue.  Perjury.  Day 7,101-13. Exhibit 22.

31. Page 103-2 Now she doesn't know about the blankets.

32. Page 104-5 Now she never physically handed the sleeping bag, exhibit 23.  Perjury.  Day 7, page 81-16, Day 9, 102-3.

33. Page 106-17 Now she's not sure which sleeping bag is in the photos.

34. Page 113-2 No alcohol abuse in 2001.

35. Page 114-16 Joanne planned to divorce defendant prior to 1999 when pictures surfaced.

36. Page 115-5 Brandi knew about the apartment in 2002.  Perjury.  Day 8, Page 105-13.

37. Page 115-15 How does a wife who suspects she is living with a child molester continue to live with them for four years?

38. Page 116-12 It seems she's avoiding dates because she's afraid she'll get caught on them.

39. Page 117-8 The fact that police came to her seems to bolster her ego.

40. Page 118-25 More perjury as to the identity of the subjects in the photos.

41. Page 120-12 She says she sees bruising in exhibit 8B.

42. Page 123-12 She admits she lied to detective Bailey about bruising.

43. Page 124-9 Now she can't tell if it's the same person she saw in the 1999 photos.  Perjury.  Day 7, Page 96-21.

44. Page 128-12 Police called in 2004 concerned her mother would commit suicide.

45. Page 133-23 Now she says bruising doesn't identify Luke.  Perjury.

46. Page 135-22 Violation of A. R. S. 13-3559.

47. Page 136-19 Never had exhibit 23 at her house in 2003.  Perjury.  Day 7, Page 81-16.

David Roberts

1. Page 146-17 Now how are you going to make payments from jail?

2. Page 148-16 How does the suspect get an unpublished phone number except from Name LDS Type Church ?

3. Page 148-23 How does suspect get Roberts SSI number except from official documents the public is not privy to.  Suggesting someone close to Roberts had access to this information.

4. Page 150-17 Judge Roberts states he has no tattoos.  This statement goes unverified.

5. Page 152-25 Only an LDS member would know the connection between Roberts and Shumway.

6. Page 159-4 To suspect also knows the name of Roberts' son.  Begin suggesting someone close to the family to have that kind of knowledge.

7. Page 159-9 Month and day of son's birthday is correct.  The year is wrong.

Note: With all these pictures and envelopes sent to various locations, why were none ever sent to Judge Roberts?

8. Page 169-13 Roberts received mail from the department of administration.

9. Page 170-5 Gas receipts thrown out with the trash.  At second trial ask Roberts if he now shreds gas receipts, junk mail and other stuff now. 

For questions or comments about this web site contact: jcoghill2@cox.net