In criminal trials, witness testimony serves as crucial evidence by establishing credibility through personal relationships, detailed observations, and consistent accounts of events. Effective testimony requires witnesses to provide specific details about their location, timing, sensory observations, and relationships with involved parties, while cross-examination tests the reliability of these accounts by examining prior statements and potential inconsistencies.
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‘I Heard 3 to 4 Gunshots’: Neighbor Testifies in Burke Double Murder CaseAñadido:
Ma'am, would you introduce yourself to the jury, please, by telling us your full name? And then would you spell your first and last name, please, for the record?
>> I'm going to Janine.
A N G O R E A C H E A N Y last name Y O E U N like N.
>> Thank you. Um Uh, so you pronounce your first name uh, Enkor.
>> Yes, I go by Enkor.
>> Anchor. Are you okay if I call you that today?
>> Yes.
>> Okay. All right.
>> Um, Ankor, I'm going to just step back here uh and ask you some questions from back here. And what I'm going to ask you to do is try to project your voice out loud enough where I can hear you. So that way if I can hear you, I know the jury can hear you. Okay.
>> Yes.
>> Okay. Perfect. You're doing great. Um, a little bit nervous today.
>> Yes. Yeah. First time you ever testified in a courtroom?
>> Yes.
>> Okay. Um uh well, I'm just going to uh ask you some questions starting with uh whereabouts did you live in November of 2023.
>> Right next door to Karen and Devito.
>> Okay. And can you tell us a little bit about that general area, please?
>> Culac safe. It's the reason why I've lived there for so long because I felt like I never had to worry about anything.
My neighbors always watched out for each other, especially Karen and Dito.
They're always always there waving when we get out the car.
>> Not responsive.
>> I'll ask another question.
>> And so that that's exactly what we're talking about. You did exactly the right thing to stop. I'm going to sustain the objection. That just means Mr. 29 will ask you a different question.
>> Okay. Um, and you've mentioned somebody uh that you know by the name of uh or two people you know by the name of Karen and Devito.
>> Yes.
>> Uh did they live somewhere near you?
>> Right next door.
>> Okay. Um I'm going to put a couple of photographs up on the screen.
Starting with states exhibit 16.
May republish that.
>> Okay.
>> So this is state exhibit 16 which was previously admitted into evidence. And can you see that on the screen in front of you?
>> Yes. Do you recognize what's in this photograph?
>> Karen Deito's house and their truck.
>> Okay. And so if I was, if you imagine that I'm the photographer and I'm taking this photograph, uh, where would I turn to be able to see your residence from here?
>> Left.
>> To the left.
>> Yes.
>> And how many houses would I go over?
>> Like literally right next door.
>> Next door. Okay.
And h how would you uh characterize your relationship with Karen and Devito at that time?
>> Just good, neighborly, loving, caring.
anything that we need assistance with like my husband hooking up a trailer to the truck. Devito's the first one. Hey, do you need help? And Karen's doing her She loves to take care of her yard and she whenever I'd come home, hi, how's it going? How was your day? They go for walks holding hand in hand all the time.
That's not what you nor I don't see that very often, but with them. Yes.
>> Your honor, relevance.
>> I'm going to overrule the objection, Mr. J. Go ahead.
>> Thank you.
>> Um, how long had you uh lived there? How how long had you lived at that residence? Uh, in say November of 2023, >> like 10 plus years.
>> Okay.
>> Long time.
>> And um had Karen and Devito always been in that house next to you?
>> Yes.
>> Okay. So, you had known them for 10 years or so?
>> Yes.
>> Okay.
Uh, did you know much about the vehicles that they drove?
>> The tan truck which you saw in the picture and they had a small little like small compact little car.
>> Okay.
>> She normally would park that in the garage.
>> Okay. And the truck normally would be outside.
>> Yes.
>> Okay. Um I'd like to take your attention to Monday, November the 13th of 2023.
Um you were living at that place at that time?
>> Yes.
>> Okay. And uh were you employed at that time?
>> Yes.
>> And where were you employed?
>> Um uh at TI Hold on.
Olympic sports and spine.
>> Okay. Um and uh do you remember there being a police presence at some time during that day at Karen and Devito's house?
>> Yes. Uh my husband went to work late.
That's when he saw the new that guy looking through the windows. When he came home that day, the whole house was taped off. when I came home from work sixish, that's when I saw everything taped off.
>> Okay. So, what time would you have uh typically gone to work or if you remember, what time did you go to work that day?
>> We usually leave 5:45 to 6:00 a.m.ish.
>> Okay. And was there anything unusual about Karen and Devito's house at that time that you noticed?
>> No.
>> Okay. And so what when you talk about the police presence, you uh observed that for yourself when you returned, >> right?
>> What time would that have been?
>> 6ish.
I know that time it was very dark, but it's very present their cars and all the tape.
>> Okay. Um so I'd like to then ask you some questions about the weekend before.
And first of all, at some point after you returned home, did you uh have a conversation with uh somebody from the Thirstston County Sheriff's Office?
>> That Monday when I came home and I came inside and me and my husband were just kind of talking about Oh my gosh. And then the cop came over into our garage and was talking to me.
>> Okay. Um and did you relate to that? uh officer um some information about something you'd heard the weekend before.
>> Yes. Uh it was Friday night in the evening. It was very stormy that day and I felt like vibrations in my chest. Something that is not normal like not not from my TV. It's not even from my TV speakers, like the vibration you would feel from fireworks. And I asked my husband, he was in the bathroom at that time, did you feel that too? And he, "Did you hear it?" He said, "No."
And so I knew it was something like not I wanted to throw it in the back of my mind and pretend I didn't hear or feel what I felt. But when the police came on Monday and questioned us and I saw all the tape, I knew that is exactly what I felt.
>> Okay. So, let me take you back to that.
You said it was Friday evening.
>> Yes.
>> Is that right?
>> Yes.
>> So, that would have been uh I guess the 10th of November. Does that sound right?
>> Yes.
>> Okay. Um generally, what before you before any of this happened that you just talked about, what were you and your husband doing at the house?
>> Just watching TV. murder murder mysteries like 2020, those kind of shows.
And I remember he went to the bathroom and again it was very stormy and I felt those vibrations and that is not a normal feeling.
>> Was there um any sound that you heard that was associated with this? Did you hear something?
>> Yeah, I felt it was the sounds of gunshots.
>> That's what it sounded like to you?
>> Yes. Okay.
>> Yes.
>> And you said that you even kind of felt the vibration a little bit.
>> Yes.
>> Okay. Um, how would you describe those the the noises that you heard uh that you've talked about as gunshots in terms of like length of time, number of shots, that kind of thing? What What did you hear in that regard?
It was like three to four fast boom boom booms and then there was a pause and then I heard the last one.
>> Okay. So, there was how many total do you think? Do you recall?
>> Four to five.
>> Okay. Now, do you recall anything about the time of evening that that occurred?
I know that I went to bed before 8:00 that day and I got home 6ish.
So some probably closer more to the evening time. Usually on Fridays I'm so exhausted so I go to sleep early.
>> Okay. So you got home around 6 which was your kind of your typical return. Is that right?
>> Yes. Yes.
>> And then uh you recall that you went to bed around 8?
>> Just about. Yes. Okay. Sometime in between those two times then.
>> Yes.
>> Where were you located within your residence when uh when you heard these noises?
>> My back living room on the couch closest to the sliding glass door. Okay.
Now, did you have something with you that you um that might be commonly called a Fitbit? Did you have a Fitbit at that particular time?
>> Yes.
>> And um do you recall anything about that Fitbit? Did you look at the Fitbit at all or do anything else to notice the time?
>> I think on Monday, um, I just looked at my sleep patterns and I remember I went to bed early that day.
>> Okay.
>> All right. So after you heard the the sounds that you've described, the three or four in succession, pause, and then another noise, did you listen for any continuence of those noises after that?
>> Yes.
>> Did you hear any?
>> No.
>> I wanted to block out what I thought I heard and hoped to God it wasn't what I thought it was. Okay.
Were you able to ascertain anything about like where it was coming from, direction, anything like that?
>> I know it was coming from Karen Deito's direction.
That's all I have. That's all the questions I have at this time. Thank you.
>> Thank you, >> Miss Norton. Do you have any questions for Miss Y?
>> I do your honor.
>> Go ahead, everybody.
>> Good morning.
>> Good morning.
>> Is it okay if I call you Anchor?
>> Yes. Am I saying that right? Yes.
>> Okay. Well, I just have a few questions for you. Um, you heard what you now believe were gunshots sometime the night of Friday, November 10th, 2023.
>> Correct.
>> And at the time you heard what you thought were gunshots, you were watching uh murder mystery shows.
>> Correct.
>> And you usually have the TV up pretty loud.
>> Not that loud to feel any vibrations like that. Do you recall um giving a statement uh back on November 13, 2023?
>> Yes.
>> And do you recall um back when you gave that statement in November of 2023 describing how you typically had your TV up pretty loud?
>> I don't remember.
>> Okay. Would it be helpful if I gave you a copy of that statement to take a look at?
>> Sure.
>> Okay. Your honor, may I approach the clerk?
>> You may.
>> Thank you.
>> May I approach the witness?
And I'm handing you what's been marked as states exhibit number 310 if you want to take a look at it. And I'll specifically draw your attention to the top of page four out of five. Um let me know when you've had a chance to to look at that document.
>> Yes.
in Incor. Um, having reviewed that document, do you now recall how back in November of 2023, you described how you, um, usually had your TV up pretty loud?
>> Yes. And I can take that back from you.
Thank you.
>> And, um, you believe you heard gunshots in the evening?
>> Yes.
uh sometime between approximately 6:00 p.m. and approximately 8:00 p.m.
>> Yes.
>> It's fair to say you're not sure of the exact time.
>> Correct.
>> And uh back on that Friday in 2023 when you heard those sounds, um you thought it might be the TV.
Oh, I felt the vibrations in my chest.
something different than I've ever felt before besides fireworks.
>> Okay. Um and back on that Friday in 2023, that November 10th, um you did not call the police.
>> No, cuz I was hoping it was not what I heard. Okay.
>> Um you did not go look out the window >> again. No, I did not.
>> Okay.
>> You didn't go outside to investigate?
>> No.
>> Um Around Monday, November 13, 2023, you became aware of an investigation at your neighbor's house.
>> Correct.
>> And that made you um think more about what you had heard.
>> I know what I heard.
>> I don't have any further questions.
Thank you.
>> Thank you, Miss Nordy. Mr. Tunai, do you have any follow-up questions?
>> I do have just a couple questions.
>> Yeah, go ahead when you're ready.
And core, I'm going to uh hand you back states exhibit 310 for identification.
This is the transcript of the statement that you just looked at a moment ago.
And I'd like to have you go back to the top of page four where defense council had you read.
Um, and uh, I'd like you to just to yourself, please, not out loud, just read through that page, please.
Okay.
Back when you gave that statement, did you talk about Um and and tell the uh detective who took this statement, did you tell him about that feeling that you had in your chest that you've talked about earlier?
>> Yes.
>> What did you say about that?
>> That was just a vibration. Just a vibration in my chest that you don't get from the TV. This is vibrations you feel like similar with fireworks and guns.
And um do you recall that you were asked a question about whether you thought it was uh outside of your house or not? Do do you recall reading that question?
>> Yes.
>> And um do you recall what you said about that?
>> It was outside.
>> And why did you feel it was outside? Do you recall what you said about that?
>> Because it was just there's no nothing shaking in my house. This is coming from the outside. I sit close to the sliding glass door on my couch. It's not what I felt before.
>> Okay. And did you tell the the detective that in fact this was something that you had never felt before?
>> Yes.
>> That's all I have.
>> Thank you, Mr. Ch. Miss, do you have any follow up on those questions?
>> No, thank you.
>> All right. May you step down?
>> Yes, please, your honor.
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