EXAMPLES OF TESTIMONY

2. For Checklist item #8: Did I assume that because a child uses a word, he or she understands the concept it represents?

Words that express relational concepts

1. Size

   Cross-examination of a 5-year-old girl who had been the primary witness for the State in the three trials for the murder of a child by three children.

   Q. How tall is Jim? Is he - Well, let me look. Is he taller than me?
   A. Yeah.
   Q Okay.
   A. About taller than you, above your head.
   Q. Like about this high?
   A. Yeah.
   COUNSEL: I think the record - oh -
   A. He’s big.
   Q. Real big?
   A. Big.
   Q. Bigger than this?
   A. He’s that big.
   Q. That big.
   COUNSEL: I’m about five eleven, Judge. I guess that’s about a foot above my head. Could the record reflect that?

2. Time:Dates

   Voir dire by the court of a 5-year old child, taken from the same trial as above.

   Q. Okay. Do you know what your birth date is? I bet you know that?
   A. No.
   Q. When were you 5 years old?
   A. I am 5.
   Q. You are 5?
   A. (Witness nods).
   Q. Okay, when will you be 6?
   A. When my birthday comes.
   Q. Ask a silly question, get a silly answer - or get a straight answer. Okay. How long ago did you have your birthday?
   A. I didn’t HAVE my birthday.