Tristain Frye direct by Mr. Greer

TRISTAIN FRYE — Direct by Mr. Greer, May 19, 2004

Volume 30, page 2349

down on his face.

Q. Go ahead. Were you finished?

A. And Scotty was still kicking him over and over.

Q. I didn’t hear you.

A. Scotty was still kicking him over and over.

Q. Where were you? How close were you to them when that was going on?

A. 15 feet or so.

Q When that was going on, was anything being said?

A Scotty was calling him “a piece of shit.”

Q. Was anyone else saying anything?

A. No.

Q. Before that, I think I omitted to ask, was anyone saying anything to Mr. Townsend? Was either Mr. Butters or Mr. Pillatos saying anything to him during the time they were assaulting him before you left to get Mr. Monschke?

A. No.

Q. how long

THE COURT: It’s time for recess. We’re going to 20 recess the trial until tomorrow at 9:00. Remember not to talk about the case, do any research, read anything, listen to anything and have a lovely evening. We’ll see you tomorrow morning at 9:00, ladies and gentlemen.

TRISTAIN FRYE – Direct by Mr. Greer, 5/20/04

page 2358

Pretty much, yeah, simultaneously.

Q. The statement that Mr. Butters made, that you told the jury about yesterday, was that made in the same time frame as the beating?

A. As far as —

Q. It’s when Mr. Monschke and Mr. Butters were both —

A. Together. ——

Q. as you just described, beating the victim?

A. No.

Q. Well, you indicated he was calling him a piece of shit, I believe?

A. Yes.

Q. When did he say that?

A. When David and him were kicking him.

A. So that was earlier?

A. Yes.

Q. Was anything being said during the time period where the defendant and Mr. Butters were –

A. No. ——

Q. assaulting the victim?

A. No.

Q. When you were two feet —— or two yards, I’m sorry, away from the victim, where was Mr. Pillatos?

A. Next to me.

Q. What was he doing, if you know

TRISTAIN FRYE – Direct by Mr. Greer, 5/20/04

page 2361

A. Kurtis did

Q. In the same manner previously described?

A. (Witness nods affirmatively.)

Q. How many blows, I guess I’ll call it, did you see the defendant strike?

A. 10 to 15.

Q. Were all of them of similar force?

A. Yes.

Q. Now, after that particular time, what happened next?

A. David told me to kick him, and I told him I couldn’t. And he covered my eyes. He moved me towards Mr. Townsend’s head, and I kicked him.

Q. Where did you kick him?

A. His head.

Q. What part of his head?

A. This part.

Q. And for the record, you’re pointing to the right cheek area of your face?

A. (Witness nods affirmatively.)

Q. How many times did you kick him?

A. Four.

Q. Was it at the same —— on the same part of his face each time?

A. Yes. How hard did you kick him?

TRISTAIN FRYE – Direct by Mr. Greer, 5/20/04

page 2364

A. Yes.

Q. Was anybody drinking in the area of Mr. Townsend?

A. At that very moment?

Q. At any point.

A. We were —— originally we were, and then like I said, I shared a beer with them, and Scotty had thrown his 40 bottle further down the tracks.

Q. Were there any bottles around Mr. Townsend that were left?

A. I don’t know.

Q. Whose actual decision to leave was it? Was there someone who took charge and said, “Let’s leave,” or was it just, “Let’s go ahead and leave”?

A. Yeah. It was just, “Let’s go,” and everybody left.

Q. Do you recall the specifics of as you walked, whether you were walking side by side in a line or otherwise?

A. I was walking next to David and the other two were behind us. I’m not sure which order.

Q. Do you recall what everyone was wearing that night?

A. Kind of, yeah.

Q. Can you go through it? Start with yourself. What were you wearing?

A. Black Dickies, I don’t remember what kind of shirt, and a flight jacket and Harley Davidson boots.

Q. Is there some significance in the white supremacy

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