Tristain Frye cross by Mr. Bauer

TRISTAIN FRYE – Cross by Mr. Bauer, 5/20/04

page 2438

Q. You felt no danger, did you?

A. Right.

Q. And you had no idea that danger was about to occur, did you?

A. No, not at all.

Q. No signals about that, whatsoever, did you?

A. No.

Q. Now, the next thing that you noticed is David Pillatos and Scotty Butters walking down those tracks?

A. Towards us, yeah.

Q. Towards you. And they were on the other side of the bridge when you see them -— or in the bridge A. No. They had just come into the light.

Q. They had just come into the light?

A. From the overpass.

Q. Kind of framed by that white building in the background?

A. No, on the other side of this bridge, closer.

Q. This is Scotty and this is David, correct?

A. Correct.

Q. And Kurtis is not there, correct?

A. Right.

Q. And they come up and, what, Scotty said something?

A. I couldn’t hear what he said. I could just tell by the way he was standing that he was saying something

TRISTAIN FRYE – Cross by Mr. Bauer, 5/20/04

page 2460

and you went —— you went to Kurtis’s house, correct?

A. Yes.

Q. And it’s your testimony that you stayed there for a few days and went up to your grandma’s for a bit? A Yes.

Q And it’s your testimony that you’re not a white supremacist, true?

A Correct.

Q And that you’ve never had any interest in any of this, correct?

A (Witness nods affirmatively.) Apart from —

Q I’m forgetting the whole part —— while underneath — while assaulting Mr. Townsend, it’s your testimony that David made you —— actually made you go up and kick him, correct?

A He physically moved me there, yes.

Q He physically moved you over there. What did he do, put his hands over your eyes?

A He put his left hand over my eyes and put one hand on my back, and moved me over to his head.

Q And you’re frozen, correct?

A Yes.

Q You’re in a frozen state of shock at this point? A Correct.

Q Your arms are down here at your side?

page 2461

A Yes.

Q And you —— what do you do, walk in a frozen fashion?

A I guess.

Q And you walk over to Mr. Townsend and —— being propelled by David?

A Right.

Q Is that how it happened?

A Yes.

Q As your eyes are covered and you cannot see, correct?

A Correct.

Q And you cannot see when you start to kick, correct?

A Correct.

Q But you connect quite well, don’t you?

A Yes.

Q You didn’t just swing and swing in the air and miss, did you?

A No.

Q No, you connected pretty darn good, in fact, didn’t you?

A Yep.

Q Kicked him right smack in the head, didn‘t you?

A I did.

Q Multiple times, correct?

A Yes.

Q Multiple times?

page 2462

A Yes.

Q Right in the head. What part of the head did you connect with?

A Right here (Witness indicating)

Q Right there?

A Yes (Counsel indicating)

Q’ You could see what you were doing. You kicked him right there, correct?

A I didn’t see it, no.

Q Kurtis didn’t make you do that, did he?

A No, he didn’t.

Q In fact, he had nothing to do with that at all, did he? A Correct.

Q Now, it’s your testimony that you didn’t pick up a bat and smack him at all, did you?

MR. GREER: Your Honor, I’m going to object to the, I guess, the negative or reverse questions 19 defense counsel asks continually. He can do that all day, as opposed to asking what she did, all the millions of things she didn’t do —

MR. BAUER: I object to counsel ——

THE COURT: I’m going to —— well, I’m going to object to -— I’m sorry. I’m going to overrule the objection.

TRISTAIN FRYE – Cross by Mr. Bauer, 5/20/04

page 2469

intentional?

A.Okay.

Q. Not just assault somebody, but murder, correct?

A. Right.

Q. Now, you were there when all these terrible things happened to Mr. Townsend, correct? Yes. You saw all that happen, correct?

A. Yes.

Q. You knew all that could happen because you witnessed it first—hand, correct?

A. Right.

Q. You saw it, you heard it, you were there. You were right there when the rock was dropped, correct? A. Yes.

Q. And the bat broken over his head?

A. Yes.

Q. And all that kicking on both sides, making his head go back and forth many, many times, correct?

A. Yes.

Q. You saw all that, and then you kicked, correct?

A. Yes.

Q. Kurtis was gone during all those events, correct?

A. Correct.

Q. He didn’t see all those things happen, did he?

TRISTAIN FRYE – Cross by Mr. Bauer — 5/20/04

page 2470

MR. GREER: Objection. Asked and answered.

THE COURT: Sustained.

MR. BAUER:

Q. Now, when your charges were lowered to second degree murder, the condition that they would be lowered is you had to cooperate with the State of Washington, correct?

A. Correct.

Q. dAnd by cooperation, that means you had to talk to them and agree to come in and testify in court, correct?

A. Correct.

Q. As part of your agreement, you‘re supposed to tell the truth, correct?

A. Correct.

Q. And you know that Kurtis Monschke is on trial here, correct?

A. Yes, I do.

Q. And they’re not going to want you as a witness unless you testify against him, correct?

MR. GREER: Objection. Speculation.

THE COURT: Sustained.

MR. BAUER:

Q. But you’re to tell the truth, correct?

A. Correct.

Q. And this is in a trial against Kurtis Monschke, right?

page 2471

MR. GREER: Objection. Asked and answered.

THE COURT: Sustained.

MR. BAUER:

Q. And as far as telling the truth, they determine what the truth is, correct?

A. I’m the one who knows the truth, so —

Q. You know the truth, but they determine whether or not you’re telling the truth, correct?

A. I guess so, yes.

Q. In fact, it says so right here in your plea agreement, does it not?

A. Yes.

Q. Defense does not determine whether or not you’re telling the truth, do they?

A. Correct.

In as far as your sentence is concerned, correct?

A. Right.

Q. And you’re certainly interested in getting the least amount of time in prison as possible?

A. I’m interested in getting what the judge deserves — says I deserve.

Q. What did you say?

A. I’m interested in getting what the judge decides I deserve.

Q. You’re interested in what —— so you’re also interested

page 2472

in getting the least amount of time that you possibly can?

A. I’d like that, of course.

Q. That, too, correct?

A. Of course.

Q. I mean, a smaller amount of time would be better than a greater amount of time?

A. Of course.

Q. Of course? And in fact, they would —— one of the ways they’re going to use telling the truth is whether your statement matches a tape recording, correct?

MR. GREER: Objection. Speculation.

THE COURT: Sustained.

MR. BAUER:

Q. Isn’t that right here in the plea agreement?

A. It’s part of it, yes.

Q. So it behooves you to testify similarly to the tape recorded proffer you gave them, correct?

A. Yes.

Q. Now, earlier on I asked you, Ms. Frye, if you had, indeed, had any interest in white supremacy. Do you recall me —— before you met Pillatos?

A. Correct.

Q. And you did not, correct?

A. Correct.

TRISTAIN FRYE, Cross by Mr. Bauer, 5/20/04

page 2480

Q And was that poem in your things in the storage locker, do you know?

A Yes, it was.

Q And that was the storage locker that you had with David Pillatos?

A Yes.

Q Ms. Frye, I’m showing you what has been marked Defendant’s Exhibit 456. Do you recognize this document?

A Yes.

Q Now, please tell the jury what this document —— well, what is this document? Can you identify it? A It’s a letter to Kurtis Monschke. 14 Q It’s a letter to Kurtis Monschke?

A Um—hmm. (Affirmative response.)

Q Who wrote that letter?

A I did.

Q You wrote that letter?

A Yes.

Q When did you write that letter?

A Upon the first few months of being booked.

Q Being booked for this crime here?

A Yes.

Q And this is just a letter you wrote to him, correct? Have you looked through the whole document there?

page 2481

A I remember what’s in it.

Q You remember what’s in it?

A Scripture.

Q Some scripture. And on this last page, do you recall writing this part right here?

A Of course.

Q Do you recall writing that right there?

A Yes.

Q And what did you say?

A I said someone’s got to be punished for this crime. It might not be you, it might be the one who truly did this.

Q Someone’s got to be punished for this crime?

A Yes.

Q But remember, it might not be you. It might be the ‘ one who truly did this?

MR. GREER: Objection. Is that a question?

THE COURT: Sustained.

MR. BAUER: Q Is that what you wrote?

A Yes.

Q And you wrote this to Kurtis, correct?

A Yes, I did.

Q And you were talking about this murder, correct?

A Yes, I was.

page 2482

Q Maybe the one that truly did it would get punished instead of Kurtis, correct?

A Correct.

MR. BAUER: I have no more questions, Your Honor. Thank you.

THE COURT: Redirect?

[See this page for the redirect examination: http://freekurtis.com/tristain-frye-redirect-by-mr-greer]

Leave a Reply

Your email address will not be published. Required fields are marked *

Free Kurtis Monschke © 2014 Frontier Theme