Apple River stabbing trial: Prosecution questions Nicolae Miu [FULL]
Summary
TLDRThe transcript appears to be a courtroom examination involving a witness, Mr. Miller, who was present during an incident at a river. He admits to drinking beer earlier in the day and bringing a knife for utility purposes. The conversation revolves around the details of the day, including the loss of a phone in a float case, the actions taken to find it, and the subsequent events that led to a stabbing. Mr. Miller's recollection is challenged, and he is questioned about his actions and the inconsistencies in his story, including his failure to notify authorities about the incident.
Takeaways
- đș The defendant, Mr. Miller, admits to drinking beer earlier in the day.
- đž Exhibit 12 is a group photo taken at the beginning of the river trip where everyone, including Mr. Miller, appears to have an alcoholic beverage.
- đ± Phone cases were a common sight around the necks of people in Mr. Miller's group and others along the river, with River's Edge selling or renting these cases.
- đȘ Mr. Miller was instructed to bring a knife to cut strings or ropes for the tubes, but later claimed to have returned it to the car, though it was found in his pocket.
- đ”ïž Mr. Miller's testimony contains inconsistencies regarding the knife and his actions after the tubes were tied together.
- đ Mr. Miller was wearing a long-sleeved camel shirt, hat, and sunglasses at the start of the river trip, which could potentially conflict with his later actions.
- đ± The lost phone was a subject of discussion within Mr. Miller's group, with some members not being concerned about the loss due to insurance coverage.
- đ„œ Mr. Miller claims to have volunteered to look for the lost phone, which annoyed some members of his group due to his frequent stops.
- đ The search for the phone involved Mr. Miller going against the current of the river, which is inconsistent with the behavior of a floating object.
- đ„ There is a video involving Mr. Miller and others, but its quality is poor, making it difficult to clearly identify individuals.
- đŁïž Mr. Miller expresses fear and confusion throughout the transcript, not recalling certain events or actions taken by himself or others.
Q & A
What was the main activity of the group at the beginning of the river trip?
-The group was drinking and socializing, as indicated by the presence of alcoholic beverages and the group photo taken at the start of the river trip.
Why did Mr. Miller bring a knife on the river trip?
-Mr. Miller brought a knife to cut strings or ropes for the tubes they were using on the river.
Did Mr. Miller initially put the knife back in the car after the tubes were tied together?
-Mr. Miller thought he put the knife back in the car, but it was actually still in his pocket.
What was the purpose of the phone cases with the group members?
-The phone cases were used to protect the phones from water while on the river, and they were either rented or bought from River's Edge.
How did the group react to the loss of the phone?
-The group did not seem to care much about the lost phone because they had insurance to cover it.
Why did Mr. Miller decide to look for the lost phone?
-Mr. Miller volunteered to look for the phone on his own, despite the group's annoyance at his stopping.
What equipment did Mr. Miller have with him when he went to look for the phone?
-Mr. Miller had his goggles and snorkel with him when he went to search for the phone.
What was the reason given for Mr. Miller wearing dark shorts in the video?
-Mr. Miller could not confirm if the person in the dark shorts seen in the video was him, citing the lack of clarity in the video.
What was Mr. Miller's reaction after the incident involving Dante Carlson?
-Mr. Miller stated that he was afraid for his life and did not communicate with anyone, including his best friend Ernesto Torres, about what had happened.
Did Mr. Miller approach the police or emergency personnel after the incident?
-No, Mr. Miller did not approach anyone to report the incident. He stated that he was afraid and chose to float further down the river.
What was the claim regarding the float bag and the phone?
-It was claimed that the phone was in a float bag, which should have kept it floating on top of the water, but Mr. Miller expressed uncertainty about whether it was actually floating or not.
Outlines
đș River Trip and Alcohol Consumption
The first paragraph revolves around a questioning scenario where Mr. Miller is being interrogated about a river trip he took part in. It is established that he and his group had been drinking, as indicated by the group photo where everyone is seen with alcoholic beverages. The discussion also touches on the presence of phone cases around their necks, which were available for rent or purchase at the river edge. Mr. Miller is questioned about a knife he brought along, initially claiming he left it in the car after using it to cut strings or ropes for the tubes. However, it is revealed that the knife was actually in his pocket the whole day. The conversation further delves into the loss of a phone in a float case and the subsequent decision-making process regarding whether to look for it.
đ Search for the Lost Phone
This paragraph continues the interrogation regarding the lost phone and the actions taken to find it. The discussion involves the river's current and the logical course of action to search for the phone based on where it was lost. Mr. Miller's decision to search upstream, against the current, is questioned, and he defends his actions by stating he didn't know where the phone was lost. The paragraph also includes a reference to a video that was taken during the incident, which is too unclear to identify individuals. Mr. Miller denies knowing that he was being recorded and is questioned about his actions and whereabouts during the incident.
đŁïž Testimony and Events Following the Stabbing
The third paragraph focuses on the aftermath of a stabbing incident involving Dante Carlson. Mr. Miller is questioned about his knowledge of being recorded during the incident and his awareness of the people involved. The discussion includes a video that was played during the trial, aiming to identify the individuals present at the scene. Mr. Miller is asked if he recognized himself in the video, and he struggles to confirm his presence due to the unclear quality. The paragraph also covers his actions following the incident, including his return to his group and the lack of communication with them about what happened. He expresses fear and confusion throughout the questioning.
đ¶ââïž Reaction and Movements After the Incident
In the final paragraph, Mr. Miller's actions and reactions after the incident are further examined. He is questioned about his decision to put his shirt back on and his lack of initiative to help the injured individuals or communicate with the police. His fear and reluctance to approach the authorities are highlighted, as well as his lack of memory regarding certain events. The conversation with his best friend, Ernesto Torres, is also discussed, with Mr. Miller stating that he did not share any details about the incident with him due to fear for his life. The paragraph concludes with Mr. Miller's claim of acting in self-defense, which he does not clearly articulate or confirm.
Mindmap
Keywords
đĄJudge
đĄExhibit
đĄAlcoholic Beverage
đĄRiver
đĄKnife
đĄTubes
đĄPhone Cases
đĄSelf-Defense
đĄPolice
đĄTestimony
đĄRiver's Edge
Highlights
Mr. Miller admits to drinking beer during the day of the incident.
Exhibit 12 is a group photo showing everyone holding alcoholic beverages.
Participants were seen with phone cases around their necks throughout the day.
River's Edge sells or rents phone cases, but Mr. Miller was unaware of this.
Mr. Miller was told to bring a knife to cut strings or ropes for the tubes.
The knife was initially thought to be left in the car after its use.
Mr. Miller had the knife in his pocket the entire day, contradicting previous statements.
River's Edge sells precut cords for a dollar, which Mr. Miller was aware of during the trial.
Mr. Miller was wearing a long-sleeved camel shirt, hat, and sunglasses at the beginning of the river trip.
Ariel's phone was in a float case, as per Mr. Miller's understanding.
There was a group discussion about the value of searching for the lost phone due to insurance coverage.
Mr. Miller volunteered to look for the phone, against the group's wishes.
Mr. Miller had goggles and snorkel when he left to search for the phone, despite the phone being in a float bag.
The phone could not have floated across the river's current, contradicting Mr. Miller's search path.
Mr. Miller drew a diagram of the river for Lieutenant Hart during their meeting.
Mr. Miller changed his story about the location where the phone was lost.
Lack of memory regarding the incident, including not recalling going up or down the river.
Mr. Miller did not inform his best friend, Ernesto Torres, about the events or his fear for his life.
Mr. Miller did not claim self-defense when speaking with Ernesto about the incident.
Transcripts
HAVE. JUDGE JUST MISSED OUT. I
CAN APPROACH JUDGE. MR. MILLER,
YOU'VE BEEN DRINKING THAT DAY,
RIGHT? YEAH. I HAD A BEERS. IS
EXHIBIT 12 A YOU RECOGNIZE THAT?
YES. THAT'S THE GROUP PHOTO OF
YOU FOLKS FROM THE BEGINNING OF
THE RIVER. YEP. YOU'RE HOLDING A
BEER, CORRECT. LOOKS LIKE
EVERYBODY IN YOUR GROUP HAS SOME
SORT OF ALCOHOLIC BEVERAGE.
LOOKS LIKE IT. YOU SEE NUMEROUS
PHONE CASES AROUND THEIR NECKS.
YES. AND AS YOU'RE GOING DOWN
THE RIVER, YOU SAW LOTS OF
PEOPLE WITH PHONE CASES AROUND
THEIR NECKS, RIGHT. ALL DAY
LONG. YEAH IN FACT, RIVER EDGE
SELLS OR RENTS OUT THOSE PHONE
CASES. RIGHT I DON'T KNOW THAT
THE PEOPLE IN YOUR GROUP RENT OR
BUY PHONE CASES FROM THE TWO
RENTAL. I HAVE NO IDEA. RIGHT
YOU'VE TESTIFIED THAT THAT YOU
WERE TOLD TO BRING THE KNIFE
BEFORE YOU LEFT YOUR HOME,
RIGHT? CORRECT. AND THE REASON
FOR BRINGING YOUR KNIFE ON THE
RIVER WAS TO CUT STRINGS OR
ROPES FOR THE TUBES. RIGHT?
CORRECT. AND THAT WAS THAT WAS
THE REASON YOU BROUGHT IT.
CORRECT IN FACT, YOU TOLD THE
POLICE THAT AFTER YOUR TUBES
WERE TIED TOGETHER, YOU THOUGHT
YOU PUT YOUR KNIFE BACK IN THE
CAR. CORRECT? CORRECT. BUT IN
FACT, IT WAS IN YOUR POCKET.
YES. WAS IT IN YOUR POCKET THE
WHOLE DAY? NO ALL RIGHT. WELL,
THE TUBES ARE TIED TOGETHER WITH
THE ROPE AND YOU SAID THAT YOU
THOUGHT THAT YOU PUT IT BACK IN
YOUR CAR. YOU DON'T HAVE A
REASON TO HAVE THE KNIFE
ANYMORE, RIGHT? IT ACCOMPLISHED
ITS PURPOSE, RIGHT? I DIDN'T
KNOW THAT AT THE TIME. ALL
RIGHT. DID YOU TELL THE COPS
THAT THE POLICE THAT YOU DIDN'T
THINK YOU WERE GOING TO NEED IT,
AND THAT'S WHY YOU THOUGHT YOU
PUT IT IN THE CAR? I MAY HAVE,
ALL RIGHT. WERE YOU PRESENT
WHEN, STEVE KAUFMAN, WHO OWNS
RIVER'S EDGE, TESTIFIED FIRST
DAY OF TRIAL? YES. AND YOU HEARD
HIM SAY THAT THEY THEY SELL
PRECUT CORDS FOR A DOLLAR,
RIGHT? RIGHT ALL RIGHT. AND THEN
DID YOU SEE IN THE PICTURE WHEN
YOU GOT ON THE RIVER, YOU WERE
WEARING THAT LONG SLEEVED CAMEL
SHIRT, RIGHT? A HAT AND
SUNGLASSES. CORRECT. ALL RIGHT.
ARIEL'S PHONE WAS IN ONE OF
YEAH. YEAH, I CAN SEE IT. ALL
RIGHT. AND IS IT YOUR
UNDERSTANDING THAT THOSE CASES
ARE FLOAT CASES? THAT'S WHAT I
WAS TOLD. ALL RIGHT. AND YOU
TOLD. IN FACT, YOU TOLD
LIEUTENANT HART THAT IT WASN'T A
FLOAT CASE, RIGHT? CORRECT ONCE
THE PHONE DISAPPEARED, THERE WAS
CONVERSATION AMONGST THE FOLKS
IN YOUR GROUP ABOUT WHETHER IT
WAS EVEN WORTH IT TO GO LOOK FOR
IT, RIGHT. THAT'S WHAT I
LEARNED. AND IN FACT, YOU WERE
TOLD THAT THEY DIDN'T CARE ABOUT
THE LOST PHONE BECAUSE THEY HAD
INSURANCE TO COVER IT. RIGHT.
THAT'S WHAT I LEARNED HERE. BUT
I DON'T REMEMBER THAT AS A
CONVERSATION. NOBODY ASKED YOU
TO GO LOOK FOR THE PHONE, RIGHT?
CORRECT. YOU YOU CHOSE TO DO
THAT ON YOUR OWN. I VOLUNTEERED
AND IN FACT, MEMBERS OF YOUR
GROUP WERE A LITTLE ANNOYED THAT
YOU WERE STOPPING AGAIN. SO, SO
QUICKLY AFTER HAVING BEEN AT THE
HIDEAWAY WHERE YOU HAD STOPPED
FOR LUNCH. SPECULATION.
SUSTAINED. DID YOU HEAR ANYBODY
IN YOUR GROUP SAY, WHY ARE WE
STOPPING AGAIN? I DIDN'T STOP
THE GROUP. THE GROUP STOPPED
WHEN YOU DECIDED TO GO OFF ON
YOUR OWN TO LOOK FOR THIS PHONE,
RIGHT? SPECULATION. OVERRULED.
GOT OFF THE TUBE TO LOOK FOR
THE. SO I DIDN'T STOP THEM. IN
ANY EVENT, YOU'RE THE ONE WHO
INSISTED ON LOOKING FOR IT.
RIGHT? OBJECTION. SUSTAINED AND
WHEN YOU LEFT TO GO LOOK FOR THE
PHONE, YOU HAD YOUR GOGGLES AND
YOUR SNORKEL RIGHT? YOU KNEW
THAT THE PHONE WAS IN A FLOAT
BAG. AT LEAST THAT'S WHAT YOU
TOLD POLICE AFTERWARDS, RIGHT.
IS THAT A YES? YES. SO THE BAG,
THE PHONE AND THE FLOAT BAG
WOULD HAVE BEEN FLOATING RIGHT?
SUPPOSEDLY. YEAH. ALL RIGHT. AND
SO YOU WOULDN'T NEED A SNORKEL
AND GOGGLES TO FIND A PHONE
FLOAT FLOATING ON TOP OF THE
WATER. RIGHT. I WASN'T SURE IF
IT WAS ACTUALLY FLOATING OR NOT.
NEVER TESTED IT. ALL RIGHT,
WELL, YOU WOULD AGREE THAT A
YES. AND IF IT WASN'T A FLOAT
BAG, IT WOULD SINK TO THE BOTTOM
RIGHT? YES. WHERE IT WAS
DROPPED. CORRECT. WELL. OR
REMEMBER, IT'S A RIVER. SO IT
COULD HAVE FLOWN DOWN THE RIVER
HAS CURRENT, RIGHT, RIGHT. SO IT
COULD. I WANT TO DRAW SOMETHING
HERE. YES YOU REMEMBER WHEN YOU
MET WITH LIEUTENANT HART? YOU
DREW A DIAGRAM OF THE RIVER.
ALL RIGHT. AND THIS IS YOUR
GROUP UP HERE AT THE SANDBAR.
RIGHT THIS IS THE BOYS GROUP
FOR ISAAC SHUMAN. RIGHT CORRECT.
THIS IS WHAT YOU. THIS IS THE
DIAGRAM THAT YOU WROTE DREW FOR
LIEUTENANT HART. THE PHONE WAS
LOST OVER HERE, RIGHT? INSTEAD
OF LOOKING DOWNSTREAM FOR IT,
WHERE THE CURRENT WAS GOING, YOU
WENT THIS WAY ACROSS THE CURRENT
MADE CONTACT WITH ISAAC SHUMAN'S
GROUP ON THE OTHER SIDE OF THE
RIVER. BUT THAT'S THAT'S. THAT'S
NOT WHERE I STARTED LOOKING FOR
IT. STRAIGHT ACROSS THE RIVER.
CONTACT WITH. I ENDED UP THERE,
BUT I DIDN'T START THERE. ALL
RIGHT? THE PHONE WOULD NOT HAVE
FLOATED ACROSS THE CURRENT RIGHT
? WELL I DON'T KNOW WHERE HE
LOST IT. THAT'S WHERE WE PULLED
OVER. HE COULD HAVE LOST IT,
ANCHORED. SO WHEN YOU TESTIFIED
A MINUTE AGO THAT THE PHONE WAS
LOST FOR YOUR GROUP WAS LABELED
M, NOW YOU'RE CHANGING THAT
STORY IN THAT VICINITY,
MR. BE SEATED WILL CONTINUE WITH
RIGHT, MR. MEW, PLEASE RETAKE
THE WITNESS STAND. YOU ARE STILL
UNDER OATH. MR. SMESTAD, MR. I
WANT TO ASK YOU SOME MORE
QUESTIONS ABOUT THE STABBING OF
DANTE CARLSON. IS IT FAIR TO SAY
THAT YOU DID NOT KNOW THAT LARRY
DAVIS WAS RECORDING THAT PART OF
IT? NO. AND YOU'VE SEEN THAT
YOU ARE THE PERSON IN THE DARK
SHORTS, CORRECT. AND THAT VIDEO,
IT WAS NOT VERY CLEAR. SO I
COULDN'T MAKE OUT WHO WAS WHO.
IF THERE'S A PERSON WEARING DARK
SHORTS WITH THE SAME BODY TYPE
AS YOU IN THE VIDEO, IS IT YOU
FEAR? HOLD ON, HOLD ON.
SUSTAINED. WELL, WE'RE GOING TO
WATCH THE VIDEO. WE'RE GOING TO
WATCH IT THROUGH IT FULL SPEED.
ON.
REALLY EXCITING
.
WE'RE GOING TO PLAY A PART OF
IT. BUT SLOWER, BUT NOT THE NOT
THE END PART. WE'RE READY.
WHAT'S THE TIME FOR ZERO? SO AT
THE VERY BEGINNING. MR. MILLER,
DO YOU SEE YOURSELF IN THE LEFT
HAND SIDE FOREGROUND, WEARING
THE DARK SHORTS? FOR THE FOR THE
CURSORS POINTED. I CAN'T MAKE
OUT. YOU DON'T KNOW IF THAT'S.
YOU KNOW, DID ANYONE ELSE ON THE
RIVER HAVE THE SAME BODY SHAPE
THAT YOU HAD AT THE TIME?
OBJECTION NO. FOUNDATION
SUSTAINED. 13 PEOPLE. YOU'VE
BEEN IN COURT SINCE THE
BEGINNING OF THE TRIAL, RIGHT?
PEOPLE TESTIFY? YES THE PEOPLE
THAT WERE ALL INVOLVED IN THE
INCIDENT, RIGHT? YES AT THE TIME
THAT YOU STABBED THESE FOLKS,
THERE WASN'T ANYBODY ELSE IN
THAT AREA OF THE RIVER THAT HAD
THE SAME BODY SHAPE AS YOU.
CORRECT. OBJECTION. NO
FOUNDATION. SUSTAINED IT'S THE
SAME QUESTION. YOU'RE AWARE THAT
DANTE CARLSON'S WEARING SHORTS
THAT ARE BLACK ON THE BOTTOM AND
WHAT I LEARNED. I'M GOING TO GO
THROUGH SLOWLY. JUDGE. YES.
OBJECTION. SUSTAINED. LACK OF
FOUNDATION
.
IN ANY EVENT, AFTER YOU GOT RID
OF THE KNIFE ON THE SOUTH SIDE
OF THE RIVER, YOU WALKED BACK TO
THE NORTH SIDE OF THE RIVER
WHERE YOUR GROUP WAS IN THE. AT
THE SANDBAR RIGHT? YES. IS THAT
YOUR TUBE? DID YOU SIT DOWN IN
YOUR TUBE? YES ERIC WILLIAMS
FROM YOUR GROUP, REALIZING THAT
PEOPLE WERE HURT, LEFT.
OBJECTION. FORM HIS BLACK
FOUNDATION. THE AIRPORT.
SUSTAINED. DID YOU SEE ERIC
WILLIAMS LEAVE YOUR GROUP? NO AT
SOME POINT, DID YOU NOTICE HE
WASN'T WITH YOUR GROUP ANYMORE?
I DIDN'T DO A HEADCOUNT, SIR.
SORRY DID ANYONE ELSE FROM YOUR
TUBES GO TO HELP WITH THE FOLKS
ON THE RIVER THAT WERE HURT? NO
FOUNDATION. OVERRULED. YOU CAN
ANSWER THE QUESTION, I DON'T
REMEMBER. I WASN'T PAYING
ATTENTION TO ANYBODY IN MY
GROUP. WHEN YOU WENT BACK TO
YOUR TUBE, YOU PUT YOUR SHIRT
BACK ON, RIGHT? I WAS COLD, YES.
AND YOU PUT ON YOUR YOUR HAT,
RIGHT? YES. AND YOUR SUNGLASSES.
YES EVENTUALLY YOU SAW POLICE
OFFICERS AND EMERGENCY MEDICAL
TECHNICIANS SHOW UP ON THE
RIVER, RIGHT? YES WADING UP THE
RIVER, RIGHT? YES. TRYING TO
HELP PEOPLE THAT HAD BEEN
INJURED AND. OBJECTION. NO
THAT HAPPEN, RIGHT? YES. YOU
DIDN'T APPROACH ANYBODY TO SAY
YOU WERE ATTACKED AS FAR AS LAW
LIKE THAT, RIGHT? NO, I JUST PUT
MYSELF I WAS AFRAID TO GO IN
THAT AREA, EVEN THOUGH THERE'S
POLICE PRESENCE EVERYWHERE. YOU
WERE AFRAID TO WALK OVER THERE
AND TELL THEM, HEY, THIS IS WHAT
HAPPENED. YES, SIR. SO YOU GOT
YOUR TUBE AND YOU FLOATED DOWN
THE RIVER, NOT IMMEDIATELY. WE
WAITED THERE. WE HAD PEOPLE.
LEARNED. NOT THAT I REMEMBER
THAT CALLED 911. AND YEAH, I
DON'T REMEMBER ANY OF THAT
STUFF, SO I DON'T REMEMBER. SO
YOU HAD DO YOU REMEMBER WAITING
FOR ERIC WILLIAMS TO COME BACK
TO JOIN YOUR GROUP SO YOU COULD
LEAVE? I DON'T REMEMBER, ALL
LET'S GO. YOU YOURSELF SAYING
THAT? OBJECTION ASKED AND
ANSWERED CUMULATIVELY.
OVERRULED. OVERRULED. I DON'T
REMEMBER. ERNESTO TORRES, HE'S
YOUR BEST FRIEND? YES YOU DIDN'T
TELL HIM WHAT HAPPENED AS YOU
WERE FLOATING AWAY? I DIDN'T
TALK TO HIM. I DON'T REMEMBER
TALKING TO ANYBODY. I DON'T EVEN
REMEMBER GOING DOWN. DOWN THE
RIVER OR UP THE RIVER. I WAS
JUST STUNNED. I DON'T REMEMBER
ANYTHING. YOU DIDN'T TELL HER?
NESTO I WAS AFRAID FOR MY LIFE.
AND I DID THIS. NO YOU NEVER
TOLD ERNESTO THAT I ACTED IN
SELF-DEFENSE. I DIDN'T I DON'T
DIDN'T SAY I WAS. I WAS AFRAID
THEY WERE GOING TO KILL ME.
THESE FOLKS. OBJECTION. NO
FOUNDATION. HE SAID HE DOESN'T
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