Crimeatorium
Part 1: Illinois vs Bradley Yohn | The Horrifying Attack on Christine Lohman Schmitt
Mon, 28 Oct 2024
Christine Lohman Schmitt was a 77 year old wife, mother, grandmother and great grandmother. She loved Christmas, wine, and Star Trek, but most of all, she loved her family. Christine studied at the Sorbonne in Paris, and went to the London School of Economics. One night in 2021, Christine's life was changed in the most horrific way, when a man and a female accomplice terrorized her first in her car, then in her home.The following is the trial of Bradley Yohn, who decided to represent himself, and in doing so, made a mockery of the court system.A month after the attack, Christine, who also went by Tina, lost her life.The pain, indignity and fear Christine faced is nothing short of shocking, listener discretion is advised.The next part will be released tomorrow.Music:Tim Kulig (timkulig.com)Titles: Crimeatorium Intro composed by Tim KuligLicensed under Creative Commons: By Attribution 4.0creativecommons.org/licenses/by/4.0/IMDB: https://www.imdb.com/name/nm0997280/?ref_=fn_al_nm_1Support:Donations are appreciated, if you would like to help support the show, use the link below and buy me a burrito and a Diet Pepsi:http://Ko-fi.com/crimeatoriumFor $3 a month, you can support this show on Patreon, in return you will receive ad free, early, and bonus episodeshttps://www.patreon.com/crimeatoriumIf you like the podcast, please share it on social media and with friends, and take a minute to leave a review for Crimeatorium on Spotify, Podchaser or Apple Podcasts.Contact:[email protected] you for listening!Support this podcast at — https://redcircle.com/crimeatorium9009/donationsAdvertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy
Welcome to Crimatorium. I'm your host, Madeline. Christine Lohmann-Schmidt was a 77-year-old wife, mother, grandmother, and great-grandmother. She was poised and strong, loved Christmas, wine, and Star Trek, but most of all, she loved her family. Christine traveled the world, studied at the Sarbonne in Paris, and went to the London School of Economics.
One night in 2021, Christine's life was changed in the most horrific way. A man named Bradley Yon and a female accomplice terrorized her first in her car, then in her home. Yon's accomplice, 33-year-old Karen Blackledge, pled guilty to home invasion and criminal sexual assault and received two 20-year sentences. She will have to serve 85% of that time.
The following is the trial of Bradley Yon, who decided to represent himself and in doing so, made a mockery of the court system. Jan was charged with two counts of home invasion, aggravated kidnapping, aggravated vehicle hijacking, aggravated criminal sexual assault, and residential burglary. A month after the attack, Christine lost her life.
Throughout the trial, Christine is referred to as Christina, Tina, and CL. The first two recordings have been heavily edited due to how noisy the courtroom was, so the voices sound slightly distorted. In the next episodes, the sound improves greatly. The pain, indignity, and fear Christine faced is nothing short of shocking. Listener discretion is advised. Look for parts three and four tomorrow.
May it please the court, the defense, ladies and gentlemen of the jury. At 77 years old, Tina Lohman had raised four children. She was a wife, a mother, a grandmother, and a great-grandmother. She ran a successful business with her husband, Tim. But to Tina, what was most important was her family.
And on November 9th, 2021, she was looking forward to celebrating the upcoming Thanksgiving and Christmas holidays with her family. She was looking forward to spending those holidays with her husband, her children, her 14 grandchildren, and her 17 great-grandchildren. She had bought the Christmas presents. They were wrapped. They were ready to be placed under the Christmas tree.
But Tina Loman, she wouldn't get to see the joy and the looks of anticipation on the faces of those grandchildren and great-grandchildren. She wouldn't get to hear them say, Merry Christmas, Grandma, when they showed up at her house to open those presents. She wouldn't get to experience the joy of opening the presents that her husband and children had bought her.
because on November 9, 2020, boy, she was kidnapped by the defendant, she was robbed by the defendant, and she was brutally and violently separated by the defendant. The defendant left Tina bruised and battered. He left her bleeding on the floor, her stand, emotionally and physically scarred, until she would die 33 days later on December 12, 2021.
On November 9th, 2021, Tina was driving home when it was starting to get dark. She started to have car trouble. She must have been so scared, like anyone.
John, I object. Grounds? The death has no relevance in this case. It, uh...
Thank you, Your Honor. She must have been so scared as any woman would be, driving home at night with car trouble, alone on a dark bottom road, and no one to help her. But then a power started. How do you think she felt? Was she relieved? Did she think she was going to get help? Was she scared? Was something bad about to happen? But she was 77 years old.
And Mrs. Quincy, nothing bad happens in Quincy, right? In Quincy, when you have trouble, people stop, they pull over, and they help you. But instead of a random act of kindness, the defendant and his accomplice showed up. They showed up to commit an act of violence, an act of terror. of rape, every woman's worst nightmare on a dark bottom road. The defendant forced his way into Tina's car.
Tina thought it was about taking money and jewelry from her. She thought the defendant was going to kill her, so she told her she had more stuff back at her house. The defendant's accomplice followed them and hurled another car. But the defendant was not just satisfied with money or jewelry. The defendant wanted more from the 77-year-old great-grandmother.
As the defendant drove Tina's car back toward the house as they were being followed by the accomplice, the defendant reached over, grabbing Tina, and forced the penis into her mouth. When they arrived at Tina's house, Tina was able to get away. She was able to run inside, lock the door, while the defendant and the woman with him, his accomplice, were in the garage. But the defendant wasn't done.
He wasn't going to let Tina get away. He kicked in the door to her house, breaking down the door, leaving a shoe print, and the nightmare for Tina continued. The defendant stole money and jewelry from inside Tina's house. He pushed her down the stairs and he tried to get into her basement safe. Then the defendant bent Tina over a chair in her living room. He shoved his penis into her vagina.
He shoved his penis into her mouth.
He told her to act like she liked it.
And then when the defendant was finished using music, his twisted purposes disappeared. he sprayed her mouth and body with carpet cleaner. While the defendant was doing all of these things, robbing her, assaulting her, his accomplice, the woman that was with him, was holding a knife and threatening Tina's life. After the defendant finished robbing Tina of her dignity, he fled.
He fled with Tina's purse. He fled with her jewelry. He took her money. He fled with Tina's car. He evened Tina's rosary. Then he went across the river to Hannibal and he played video poker. When Tina's attempt arrived home, he found Tina on the floor crying and bleeding, crying that she'd been raped and her body. Next to Tina was the knife that her life had been threatened with.
Tina gave her, Tim, her husband, gave Tina, because Tina was so terrified the defendant and his accomplice were going to come back. And he called 911. Tim asked Tina to tell him what happened. And she relived that nightmare again. As she told him how she had been violated, how she had been robbed, how she had been left bloody and bruised on that floor.
For the weeks after her assault, Tina was in pain, both emotional pain and physical pain. She never had the opportunity to recover because on December 12, 2021, Tina's heart broke. Tina won't be able to take that witness in. She won't be able to tell you what the defendant and the accomplice did to her.
Instead, her husband will tell you what Tina told him that night when he found her crying and bleeding on their living room floor. about what happened on November 9th, 2021, but you will get to see the photographs that were taken at Blessing Hospital by the nurse, Jacqueline Oglesby. The photographs of Tina's mouth, where the defendant had sprayed her with carpet cleaner.
The photographs of Tina's vagina, where the defendant had shoved his penis inside of her. The photographs of Tina's body, where she is showing that she had been left bruised and beaten. Tina won't be able to come here and tell you about the pain. She won't be able to tell you about the humiliation she suffered. But he will get to answer Ada Kagumba, Tina's doctor.
And she'll tell you about the injuries she observed on Tina the week after the defendant had arrested her. Tina won't be able to come here. She won't be able to look the defendant in the eye and say, you did this to me. But on that cold, dark day, November 9th, one of the reasons Tina was so terrified is she had no idea who the person was that attacked her. She didn't know his name.
She didn't know where he went, but she did know. She knew he had a red beard, and she knew he had her purse, her jewelry. The day after, November 9, 2021, on November 10, 2021, the day after she had been brutally and violently robbed and sexually assaulted, the U.S. Marshals found the defendant in Springfield, Missouri.
When they found the defendant in Springfield, I'm sorry, Springfield, Illinois. When they found the defendant in Springfield, the defendant had Tina's purse over his shoulder. Inside that purse were Tina's jewelry, Tina's voter ID card. On the defendant's wrist was Tina's watch. And inside the defendant's pocket was Tina's rosary.
On the defendant's feet were a pair of shoes that exactly matched the shoe print left at the scene at Tina's house. And just down the street from where the defendant was found was Tina's car covered in the defendant's fingerprints. And despite efforts to destroy any DNA by spraying carpet cleaner on Tina, there was male DNA found by the Illinois State Police.
Male DNA was found on the Depends, the adult diaper that Tina had been wearing that night of November 9, 2021. DNA that was on Tina's Depends was determined to be 310 times more likely to be the defendant's DNA. The can of carpet cleaner that the defendant had used to spray Tina's mouth and body that was found at the house, that was tested for fingerprints.
And the defendant's fingerprint was found on that can of carpet cleaner. What the defendant did was on November 9, 2021 was horrific. It was violent. It was a nightmare. It was a lone woman. No 77-year-old grandmother should ever have to experience what the defendant did to Tina Lohman on November 9, 2021. It was sick. It was perverted. What he did to Tina Lohman was, it's called home invasion.
It's called aggravated kidnapping. Aggravated vehicular hijacking. It's called residential. And it's called aggravated criminal. And at the end of this case, called to hold the defendant for what he did to Tina Lohman on November 9th, 2021. Thank you, Your Honor.
Mr. Yon, care to make any opening statements? Yes, sir. Uh, ladies and gentlemen of the jury, what you just heard were theatrics. Theatrics. Something one puts forth in order to obtain and persuade you to obtain a conviction in a trial. I will concede that some things Ms. Keck here stated do in fact ring true. However, they're not as she stated them.
There are many discrepancies in this case that have yet to be finalized. Ladies and gentlemen, the jury today, this is going to be very hard for all of us. We have people here in the stands. It's going to be extremely hard for them. It's going to be extremely hard for you. It's extremely hard for myself. I'm the one here on these claims. However, these claims are not quite true.
And I will show you that today. I apologize for having you awesome people here today. Yes, it's a duty of citizenship to have to serve on a jury every so often. Not many smiles today. However, I did see some yesterday. I appreciate them smiles. That has brought a light to my soul as I've been stuck here in this county jail, tormented for the last 19 months. I ask that you forgive my appearance.
This is not normally me. I normally have hair. I did not expect you to feel sorry for me by any means. I also understand you'd much rather be enjoying your summer at home rather than being in this courtroom. However, the powers that compel have brought you here today. I once heard that trials are based on persuasion. Who has the best persuasion in their words?
Who can be persuaded by the persuadee? Words like persuasion, I believe they're negative myself. They're kind of like manipulation. Very negative. It's, it's,
negative in my insight to persuade somebody especially when you want to persuade somebody as to the charges here today and not have the proof needed to to present those theatrics and not have the proof needed to present those theatrics to persuade one's life away As Ms. Keck stated, if they were to truly happen, they're sick, they're demented, they're horrendous, horrid.
Persuasion, I see that in the same sense as to persuade something that is not true is also sick. These are demented crimes. Ladies and gents, I'm more in agreeance with the word logical. To be logical seems to be more so valuable than to persuade some. Also, the meaning of logical, to expect because of what has gone before, what has happened in prior arrangements, prior times.
Based on or using logic, the definition of logic, correct reasoning, or the science of what is expected by the working of cause and effect. The working of cause and effect. Today and throughout this trial, you'll see that the cause does not hold the effect it should. The alleged cause does not hold the effect it should. I'm sure a lot of you are logical human beings.
I myself base my life on being logical, being honest, being value to logic and honesty. It's my favorite pastime, present and future. Today I ask that those of you here be logical, not just the jurors who have the ability to judge this situation, but everybody. Logical as I would rather people be. Today, I will show you a lot of things that are not logical.
Throughout this trial, I will show you a lot of things that are not logical. Persuasion is not logical. I myself, personally, I promise not to attempt to persuade you. Nor will I manipulate you. I do not find pleasure in doing such. As stated yesterday, I'm a pro se defendant. I'm held to the same standards as any attorney here today.
I do not expect you to feel sorry for me because I'm a pro-state defendant. I expect you to take it at what you value it as, along with agreeing with law, you know, taking the law into consideration. They say an opening statement is made to acquaint the finder of facts with yourself or with the claims and what you intend to prove. That's exactly what I do today.
Myself, I would say proof is a rare thing to come by these days. No one has absolute proof except for, say, you have these cameras here in this room today and I can prove that you are here today. There's a lot of claims placed forth that do not have an effect that coincides with them. I intend to show and prove you that today and throughout this trial.
What I also intend to prove you are blatant lies. Incredible and impossible happenings. We all know what incredible and impossible means. Impossible means not possible. Credible means it's not credible. I also intend to prove you improper procedure. Throughout this trial, you'll see some of the most major coincidences you've ever seen in your lives.
And they are established, and I'm sure some of the witnesses will attest to them. There are major coincidences in this case. As stated, I talked about logical. I intend to show you that these things do not follow a definition of logic. I will show you what coercion, manipulation, and deceit is.
I will show you what certain persons think it is absolutely funny to be vindictive, to lie, to place forth claims, and that would be from the horse's mouth. I will prove to you reason for false testimony from some who may or may not testify throughout this adventure. I'll show you how other law enforcement think these events that are alleged to have happened are quite odd themselves.
Stating such in an indirect way, that is law enforcement, and I intend to prove that to you. I wish any of the claims and things placed forth by all here today, witnesses, and the claimant herself, just do not add up or coincide with each other.
The prosecution intends to prove to those of you that a 77-year-old woman has been brutally beat, battered, sexually assaulted is the proper pronunciation or the proper usage, term usage in trials. They intend to prove to you that a 77-year-old woman was home invaded, kidnapped, hijacked, thrown downstairs at 77 years old. Thrown downstairs. Some of you are young.
If you were thrown downstairs, what would that damage do to you? Thrown downstairs in a violent manner. The prosecution intends to prove to you that a 77-year-old woman was thrown downstairs in a violent manner. All these claims are violent. They're sick. They're demented. All of these being brutal, violent, heinous claims. Those are the titles of alleged claims the judge has placed forth, as Ms.
Keck has also stated, of what I've just relayed to you, and more. Some of these descriptions you will hear throughout this trial. I aim to present to you, those of you here today, and I aim to present to those of you from the mouth who spoke them, these claims, and that they are not true. What's better than the person who spoke them? Turning here, Mr. Jones and Ms.
Kick, I believe they both have great intentions. I'm sure they do. However, they're here to attest to something they do not know themselves. They do not have full and 100% proof of. They're just doing their jobs. I don't expect you to hold it against them. I only expect you to be fair. I spoke at the beginning, this being very hard for me. Obviously it is. I'm the defendant here today.
It's my life in jeopardy. It's my life on the line. Not only is it hard for me, I spoke of it being hard for everybody here. I'm sure those of you in the jury today did not want to hear the sickening claims or have to go through this. All we can do is take what we have and place weight on it from our own views. Mainly you people here today, you jurors.
Today you will be presented with some call evidence. Some of these presentations are very odd and would lead you to say, guilty, he's guilty. These are what I spoke of when I said I'd show you coincidences. Those coincidences are by far some of the biggest coincidences one will ever see in a lifetime. Most never see such. Never having the chance to. Why?
Because there are coincidences that are extremely rare. There are things that just don't happen. A believer of coincidences is what I intend to make you throughout this trial. Ladies and gentlemen, as I said, devious crimes, they are what I myself would call the worst, the very worst. I think they're worse than murder. That's my point of view. As if they were true also.
I do not mean to offend anyone here today. However, they simply are not true. My little brother used to run to mother and say, Mom, BB hit me. BB was my sister. He used to say, BB hit me. Mom would say, well, my lovely young man, where are the marks to prove such? Mom, show me the marks. He could not show any mark. Mother would say, I can't tell where the marks are. True story.
Come to find out, my brother only had the remote taken from him. Scooby-Doo was his favorite. He would watch it end on end for hours. During them times, my brother would make them claims. We would all come to find out in the end that he had just simply walked away from the TV. Sis picked up the remote and he wanted the TV back. The tells he was telling.
You will see that today, here, and throughout this trial, there are major tails told. Tails that are tall. Simply very tall tails. Then, in reference to my brother, the lack of marks gave my mother reasonable doubt. Today, I intend to prove an extreme amount of reasonable doubt. Throughout this trial will prove extreme amount of reasonable, unreasonable doubt, or excuse me, reasonable doubt.
Reasonable doubt, they say, is any idea or condition that interferes with a person.
Grounds. All right. The jury has left it. I'm reasonable doubt on their own.
Jury, throughout this week, there will be all kinds of words placed forth, strong words, educated words. Words some of us may not understand. There will be displays. There will be what many call evidence. And there will be testimonies. I will show you, and if you may, prove to you how things are not as they say. Not as they seem. How most just are not possible. Also known as impossible.
As I stated earlier, I intend to be logical. I will do just that. I humbly ask that you bear with me throughout this process, bear with all of us, those of the court, those of the prosecution, and everybody, recesses, intermissions, just please bear with us and be honest, as I'm sure you all can be, and be fair. Thank you. Mr. Jones, are you prepared to call your first witness? We are, Your Honor.
You do so, please. People would call Tim Schmidt to the stand. Mr. Jones, when you're ready with your question. Thank you, Your Honor. Can you please tell us your name? My name is Timothy G. Schmidt.
Mr. Schmidt, how old are you?
I'm 66 years old.
Mr. Schmidt, where do you currently live?
4300 North Bottom Road.
Mr. Schmidt, were you married at one point?
Yes.
Who were you married to?
I was married to Christine Lohman.
How long were you and Ms. Lohman married?
A little over two years.
Were you together longer than that?
Yes, 36 years.
So you were together for 36 years and married for two.
Yes. I want to talk to you a little bit about Tina. First, I'm going to hand you what's been marked as People's Exhibit 77. Do you recognize that person? Yes, that was my wife, Christine Lohman. We'd answer people's Exhibit 77 if they introduced evidence published to the jury. Mr. Ewing, any objection? No. The request is granted. You may admit people's Exhibit 77.
Without objection, you may call it to the jury.
Did Tina have children?
Yes.
How many children did she have?
She had four children.
Did she have 14 grandkids?
Yes.
And 17 great-grandchildren?
And probably more, yeah.
Was Christina big on the holidays?
Yes, she was.
Liked to buy Christmas presents?
She loved Christmas.
Loved Christmas.
And you guys lived together at 4300 North Bottom Road here in Quincy, is it? Yes.
I want to talk to you about the night of November 9th. That night or that morning, did you go to work?
Yes. Where do you work? I own American Builders Supply.
Let me talk about that for a second. Did Tina work with you at American Builders Supply?
Yes, she did.
You guys ran that business together?
Yes.
For the 38 years that you guys were together?
She was there not quite 38 years. She was there, I think she came on in 1993. But quite a while. Quite a while. Okay. You left for work that morning. I left for work that morning. Where did you go after work?
What time did you leave for work?
I left work sometime after 5 o'clock, and I went to a farm at home. It was just before deer season, and I like to hunt deer, so I went over looking to see if there was anything I wanted to get before season opened up.
Getting ready for deer hunting.
Getting ready for deer hunting, yes. How long were you there? I'd say probably, I guess, a half hour, 40 minutes or something.
And you went home after that?
Yes.
Got home around 6 p.m., give or take?
Yes.
It was November night, 6 p.m. When you got home around 6 p.m., and you pulled another... Project leading, leading...
All right, this is foundational purposes, so I will overrule that objection.
When you got home around 6 p.m., did you notice anything unusual about your house?
I noticed that the garage door was open. There were some items on the floor in the garage. The car was gone. There were some tire marks in the yard. So I'm going to hand you, or I have the bailiff hand you, some photographs as we go through your testimony. And for the record, it's going to be People's 35 through 50, inclusive, and then People's Exhibit 80.
And I'm going to ask you to look through those. Tell me when you've had a chance to look through. Did you get a chance to go through all that?
Yes.
In a general sense, are those photographs of the exterior and interior of your house, your residence at 4300, 4300, that north bottom room, is that what they generally are?
Yes.
And did those photographs show what you saw on November 9th, 2021, when you were in the residence and as you were going in?
Yes.
Your Honor, we'd ask that those exhibits be introduced into evidence and leave given to publish them during the course of the rest of the questioning.
Your Honor, any objection? Excuse me, what exhibits were there, Your Honor? 80, 81, and the ones that they own? 35 through 50, then 80 and 83. No objection, Your Honor.
Up on the screen is People's Exhibit 35, and actually you have a monitor there. It should be on the monitor as well. Can you tell us what this is?
That's my home.
And you talked about the garage door. Is this the garage door that you were talking about?
Yes.
And you said when you got there, the garage door was open. Is that what we see here?
Yes.
And you said there were 10 things lying on the floor.
Yes.
And there wasn't a car in the garage. Is that correct?
That's correct.
Why did the fact that there wasn't a car in the garage and the garage door being open at 6 p.m. at night trouble you, concern you?
Well, my wife, Tina, drove the car, the Toyota Avalon, that would normally be parked there. And... Of course, the car was gone, and then I noticed the door was kicked open.
And we'll get to that in a minute. You said there was also some tire marks. Can you tell me where you saw those tire marks?
They were there by the bush there to the right of the garage.
We'll put up on the screen People's Exhibit 36.
Are these the tire marks that you're talking about?
Yes.
And had those tire marks been in that part of the yard when you left that work?
No. You told us that you also noticed that the door in the garage was broken.
Is that right?
Yes.
Here on the screen, we have People's Exhibit 37. You talked about these items lying on the floor. Let's talk about those first. The items on the floor, was that unusual? Was that what the garage looked like when you left that for you?
No.
Tell us what was different.
Well, the car would have been there, and those items there on the floor of the garage there would not have been there. The car would have been there.
Also in your garage, did you have some power tools?
Yes.
Specifically, did you have a chainsaw and a hedge trimmer?
Yes.
Was the chainsaw and hedge trimmer in that garage when you left that morning?
Yes.
When you came that night at 6 p.m., was the chainsaw and the hedge trimmer in that garage? No. I'm going to show you what's been marked as People's Exhibit 15. Do you recognize that?
That's my chainsaw.
Chainsaw that was not in that garage?
Yeah.
When you got there on November 9th at 6 p.m.?
That's correct.
I'm going to show you what's been marked as people's exhibit 16. Do you recognize that?
That's my hedge trimmer.
The hedge trimmer that was in that garage when you left that morning and was gone that night? Is that right?
Yes.
You also told us that there was a car missing from the garage. It was Tina's car.
Yes.
Can you tell me what make and model that car was?
It was a 2018 Toyota Avalon.
What color was it?
It was white.
Do you know the license plate for that? If you don't, that's fine. I just don't.
It's ABS for American Builders Supply. I don't remember the numbers on it.
But the first three letters were ABS, and then there was a number after.
Yes.
Now, you told us that when you came into the garage, you noticed that a door had been kicked in. Is this the door that you're talking about?
Yes.
And is this People's 38? It's up on the screen now. We're looking at a view of that door.
Yes.
Looks like there's some damage by the lock and by the... Handle, is that fair to say?
Yes.
Also looks like there's some footprints on the door.
Yes.
Were those, was that door damaged like that when you left that morning for work?
No.
Were the footprints on the door when you left that morning for work?
No.
People's Exhibit 39, kind of an angle view of that same door, is that right, sir?
Yes.
Again, was the door damaged at the deadbolt and the handle like that?
No.
And if we look behind the door, it looks like there's a hole in the drywall where the door's been forced open.
That was not there.
People said it was 40 close up of that door showing how violently it was kicked open. Was it like that that morning when you left?
No.
It was like that when you came home at 6 p.m.?
Yes.
When you came inside...
And you walked through that door. You walked through the garage that we just saw, and you walked through that damaged door.
Did you see someone sitting on the floor?
I saw my wife sitting on the floor in tears. Tell me about that. You said she was in tears. Was she crying? She was crying, and she told me that they raped her. Objection, Your Honor. Grouch. Testimonial. Overruled.
When you heard that from your wife, who you'd been with for 38 years, did you notice anything sitting on the floor in the area around?
Well, she was sitting on a, I guess it was a blanket or a quilt. And did you notice anything about that quilt? There was blood on it.
Up on the screen is People's Exhibit 41. And if we can orientate ourselves, that door that you walked in, where would it be in relationship to this photo?
Where that walker is, it would be to the north of that. Yes.
So if we're facing the picture, you're basically walking in from the left side of the picture, fair to say?
Yes.
And you said that you saw your wife, Tina, sitting on the floor on a quilt. Is that the area that you saw her?
Yes, there in front of that green chair, yes.
Did you also notice a spray can and a knife on the floor?
Yes.
And we can see that spray can and that knife on the floor.
Yes. People's Exhibit 42, a close-up view of... A blanket, some bloodstains, and the can? Yes.
I want to talk about that spray can, that 409 Target spray can. Was that on the floor when you left at 6 o'clock that morning?
No. People, 81, showing blood on the floor. That was the blood that was coming from your wife?
Yes. And what part of her body was it coming from?
It came from underneath her lower region of her body, specifically her genital region. Yes. People's 43. Can you tell us what we're looking at here? That is a railroad spike that was converted into a knife. Did that knife belong to you and Tina? It belonged to me, yes. Was it stored on the floor like that? No, it was stored in a drawer. Was it on the floor when you left that morning? No.
You told us you walked in after you saw those things that you saw.
You heard Tina say that they raped me.
I ate her condition. She was crying. She appeared to be emotional to you? Yes, she did. Sobbing? Yes. Did she tell you that he was worried they were going to come back? Yes, she did.
Because of that, what did you do?
I went into the bedroom and I got a handgun. What did you do with that gun? I brought the gun out and I gave it to Tina. And then I got my phone and I called 911. After you called 911, did you ask Tina what had happened to her? Yes.
And did she tell you what had happened to her?
She said they raped, they raped me.
And did she tell you how the rape started?
She told me that she was, um, driving home on Cook's lane and she got to the, um, front or Bonanzanga and Cook's lane and the lights were not on in the car. And, um, She stopped there at the stop sign, and there was a man came and helped, went to help her to turn the lights on, and he got in the car with her and drove off with her. In the car? Yes, in the car. Did she want to go with him? No.
After the man got in the car and took off with her? Did Tina tell you where they went? She said they went up into the bottoms, the north bottoms.
And did she tell you while they were in that area, north bottoms, what the man made her do to her top?
Yes.
What did Tina say that the man made her do to her top?
She said that he made her take her top off.
And did she tell you that he made her take her top off so that he could touch her breasts?
Yes.
After this man did that to her, did Tina say that the man forced her to perform oral sex on him?
Yes.
Did Tina tell you what she thought was going to happen to her?
She told me that she thought that they were going to kill her.
Because she was worried they were going to kill her, what did she say to them?
She told me that she told them that she had some jewelry up at the house and some money.
At some point, did she also tell you that the male had made a threat to her about what would happen if her husband... She said, he said that if your husband's there, I'm going to kill you both. Tina then told you that he went to the house.
Yes.
And when they got to the house, what did Tina say happened in the garage?
She said that the male and there was a female there, that they got into an argument.
And during the argument, Tina was able to get away?
Tina went into the house and she locked the door. And when she locked the door, what did she say the male did? Well, she went into the bedroom on the east side of the house and went to look for the handgun. But the handgun, I had moved from the nightstand because we had grandchildren up there. And I was afraid one of those grandchildren were going to get a hold of that gun.
So I put it up high where they couldn't get to it. Couldn't find it. She couldn't find the gun. What did the male do to the door? The mail kicked the door in. And after the mail kicked the door in, what did Tina say happened next? She said she told him where the jewelry was. It was in a chest of drawers there in the bedroom.
Up on the screen, we have People's 48, which has been introduced into evidence. Tina had jewelry in the chest of drawers. Is this where that chest of drawers was that had Tina's jewelry?
Yes. Was that what the chest of drawers looked like when you were there at 6 o'clock that morning before you went to work? No. And when you were in the home, was there jewelry missing from the house? No.
There was no jewelry missing?
No.
Okay. I apologize. At 6 o'clock when you got back after you had talked to Tina, was there jewelry missing then?
Yes. Yes, there was. After Tina...
told this person about the jewelry, did Tina say that that person then threw her down some stairs to the basement?
Yes.
And tell me what Tina said about the basement.
She told him that there was a safe down the basement.
Do you, in fact, have a safe in the basement?
Yes.
What did Tina say happened with the safe in the basement?
They went to the safe to the basement, and there's a board that covers the face of it, And that was moved out of the way. And Tina didn't know the combination to it. So the male went to try to open it up with the knob on the safe.
And when he tried to open it up with the knob on the safe and he wasn't able to get into it, what did Tina say to him?
She said that the safe was wired to the police department. And now the police are going to be coming.
People's Exhibit 49, is this your basement?
Yes.
And you talked about, I see a gray door here. Is that the safe?
Yes.
You talked about a white cover. Is that what you see here?
Yes.
With the white cover on that safe when you left that morning?
It was in front of the door on the safe, yes.
Again, here we see a different angle of that sink door. That's the sink you're talking about, right?
Yes.
The knob there, the handles there.
Yes.
After Tina told the male that the safe was wired to the police and the police were coming, did Tina say that the man took her back upstairs?
Yes. And when he took her back upstairs, what did she say occurred upstairs by that chair? She said he raped her.
You mentioned that she shared with you that there was a male and a female in the house.
Yes.
Did she talk to you about the female and specifically that knife that we saw?
Yeah, she talked about the female and how the female had threatened to kill her with that knife.
Tina went to the emergency room that night?
Yes.
And maybe a week later, she went to see her OBGYN, Dr. Ada, if I remember that right.
Yes.
And you were with Tina pretty much every day from November 9th to when she passed away on December 12th.
Yes.
Those last month of her life, was she in pain?
Yes, she was.
She hurt from the injuries that she suffered?
Yes, she did.
Did you see bruises to her?
I saw some bruises and she hurt a lot on her tailbone. It's hard for her to sit. Yes. Hard for her to stand. Yes. Was she having difficulty? Yes, Your Honor. Grounds? Testimonial.
Was she having difficulty eating or drinking because of the burns in her mouth?
Yes.
Is it fair to say she was in pain until she died?
Yes, she was.
For the record, I'm having the bailiff bring out people's 50 and 51. Tell me when you have a chance to look at those. Do those photographs show that white Toyota Avalon that you, I'm sorry, 51 and 52. I apologize. People's 51 and 52. Do those show that white Toyota Avalon?
Yes.
Yes.
Yes, it belongs to American Builders Supply.
The company car that she drove?
Yes.
Your Honor, we'd ask that peoples 51 and 52 be introduced and published to the jury. Any objection?
No, sir. Do you want people to be admitted without objection and be published?
Except the front of the car and then the license plate, like you talked about, CVS.
Yes. And peoples 52, the back of the car, singles. Yes.
Going up to Bela, hand you people's 57, 58, 59, 60, 61, 63, and 63. Have you had a chance to look at them?
Yes. Let's start with people's exhibit 57. Do you recognize what's in that photograph? I'm going to ask you about it there on your photograph you've got in hand. Okay, hang on a minute. Okay, yes.
Do you recognize that watch and bracelet?
Yes.
And who did that watch and bracelet belong to?
They belonged to Tina. Your Honor, we'd ask that People's Exhibit 57 be introduced into evidence and published. Any objection? Absolutely not, Your Honor. People's Exhibit 57 is admitted without objection. It may be public.
This watch and this bracelet belong to your wife, Tina?
Yes.
Have you seen her wear that watch and that bracelet on multiple occasions?
Yes.
If you could look at the next picture, people 58. In that picture, there is a watch and a pen. Do you see that pen in the middle of the picture?
Yes.
Do you recognize that watch and pen?
Yes. God, we'd ask that people 58 be admitted into evidence and published to the jury. Any objection? Absolutely not, Your Honor. No objection. People's Exhibit 58 will be admitted and may be published to the jury. That watch? Yes.
Had you seen Tina wear that watch?
Yes.
That hit. Can you tell me about that hit? How do you recognize that hit?
If anybody has ever watched Star Trek before. I've seen Star Trek. We bought that at the Star Trek display out at the Las Vegas Hilton in Texas. I don't remember what year it was.
The shape on that is Star Trek.
Yes.
It's the badge that the officers wear on them.
Yes.
And you and Tina were Star Trek fans?
We were Star Trek fans.
Can you look at the next picture, People's Exhibit 59? Do you recognize the items in that picture?
Yes.
And did those belong to Tina as well?
Yes, they did.
We'd ask People's 59 to be admitted into evidence.
Any objection? No. No, sir. The post-exhibit 59 will be admitted without objection and may be published to the jury.
First, on the left side of this picture, there's a, I guess, brown, mystical color, what you call that, gold. Gold purse. Do you recognize that gold purse?
Yes.
Who did that gold purse belong to?
It belonged to Tina.
Had you seen her wear that purse?
Yes.
In the middle of the picture, we see checks, and it looks like an ABS. Is that, you recognize that check?
Yes. That's from American Builders Supply.
Your business?
Yes.
In fact, there's a P.O. Box, Quincy, Illinois. Do you recognize that P.O. Box and the Quincy, Illinois address?
Yes.
Your business?
Yes.
It's made payable to who?
To Tina, Tina Lama.
Your wife?
Yes.
And at the bottom of this, we see a voter ID card. Do you recognize the name, Christine Lohman, at the bottom of that?
Yes.
Is that your wife?
Yes.
There's an address on that voter ID card, 4300 North Bottom Road, Quincy, Illinois. Do you recognize that address?
Yes, that's my home.
And here there's a bag of jewelry. We showed you that bag of jewelry earlier. In preparation for trial, is that right?
Yes.
Did you recognize that jewelry in that bag?
Yes.
And who did that jewelry belong to?
60?
60. Hang on a minute here. Yes. Specifically, is there a rosary in the middle of that? Injection, Your Honor. Grounds? Bleeding. All right. Overruled. Again, it's foundational. Specifically, is there a necklace in the middle of that picture? There's a rosary in there.
Well, I know it's a rosary. I just didn't want to use that word. So, is there a rosary in that picture?
Yes.
Did you recognize that rosary?
Yes.
Who did that rosary belong to?
It belonged to Tina's. We'd ask that people 60 be introduced into evidence in public. Any objection? Objection, Your Honor. All right. Crowns? It's my jewelry. It's my rosary. All right. I'm going to admit people's exhibit 60 over objection. Had you seen Tina with that rosary before? Yes.
People 61 is a close-up of that same rosary. You reckon again the same rosary?
Yes. We'd ask that 61 be introduced and published. Any objection? Once again, the same objection, Your Honor. Any grounds for the objection? It's my jewelry. It's my rosary. Commit the people's exhibit 61 over objection.
When you last saw Tina with that rosary, was it broken like that?
No.
I'm going to have you look at people's agubits, 62 and 63, and ask if you recognize both of those.
62 and 63? Yes. Yes, that's Tina's purse.
And again, the property in that purse, you recognize as belonging to Tina?
Yes, what I can see, yes. Your Honor, we'd ask that people 62 and 63 be introduced and published to the jury. Any objection? No, Your Honor. People's Exhibits 62 and 63 are admitted without objection and may be published to the jury.
Again, the gold or brown purse that you had seen your wife wear this time, people's 62, correct?
Yes.
And people's 63 saying the gold and brown purse is U.S. currency inside the purse.
And then the jewelry, the check, and the voter ID card that you went to the summit, correct? Yes. Yes.
Were all the things that we just saw in the photograph, were all those things missing on November 9th at 6 p.m.
when you arrived at the house? Yes. And were they, to the best of your knowledge, all in the house when you left for work that morning? Yes. Before November 9th, 2021, have you ever heard the name Bradley on the floor?
No.
Have you ever seen Bradley Young before?
No.
Have you ever had any contact with Bradley Young?
No.
Have Bradley Young ever been in your house?
No.
No. No. No.
No. No.
The ever-touching thing in your house where it defiles would leave that safe. Have you ever touched that safe to your knowledge?
No.
The car that we saw that Mike told you to have on before November 9th, 2021, to your knowledge, had Bradley Yon ever driven that car?
No.
Have you ever had possession of that car?
No.
Would Tina give him that car?
No.
Would Tina give him her purse?
Objection, Your Honor. Crowned? The witness does not know whether or not such person, Tina, CL, gave him the car or has ever been in the home or what Tina may have done outside of his presence. All right. I will overhaul the eviction as to the question asked regarding to this witness's, to the best of his knowledge, head. Bradley Young ever been to the house or know Keaton Lohman?
The state will sustain the objection as to the vehicle and purse questions. Just the state reframe. The best of your knowledge, did your wife give the vehicle to Bradley Young?
No.
The best of your knowledge, did your wife give the purchase to Bradley Young?
No.
To the best of your knowledge, did she give her voter ID card to Bradley Long?
No.
To the best of your knowledge, did she give her Star Trek pin that you and she bought at Boston Vegas to Bradley Long?
She loved that. No. Her watch, did she give that to Bradley Long to the best of your knowledge? No. Thank you, sir. That's all the questions I have. Mr. Young? Mr. Zeman? Mr. Young. Yes, sir. Mr. Smith? Yes. I apologize for having to be here today. However, that is not under my control. I understand it's a difficult time for you and your family. I'm sure you prefer not to be here.
Jackson, Your Honor, I need to ask a question. All right. Mr. Yon, if you could ask your questions of this witness. You stated your name is Timothy Schmidt, obviously, correct? Yes. And you're in occupation. You're 60. I'm 66 years old. And your occupation is American Builders Supply, which you own. Yes.
um and obviously your relation to cl was is was husband correct yes um you stated that you've known cl for approximately or been with bit we're we're engaged in relationship with cl for approximately 36 years true yes and been married for two yes um
So, you own your own business, true?
Yes. You're obviously a very smart man, educated. I will not take that from you. Your memory is pretty swell, would it not be? Pretty good.
I can do that. You do remember the evening of November 9th? Yes. And you stated that
You left work sometime around a bit after 5 o'clock. Yes. Could you determine maybe potentially 15-minute range of how late, the length of that? Objection, Your Honor. Asked and answered. The witness said it was around 5. Around 5. So what will the objection he may answer if he knows? Yes. Would you repeat that again?
Could you give a close description of the approximate time within maybe five or ten minute range of the time of leaving your home? I mean, excuse me, leaving your place of business. It would have been sometime after five o'clock. Maybe 515, 520. Well, it probably wouldn't have been that late. It would have been closer to right after five o'clock. Okay, so it's 505, 510. Yes. Thank you.
And, uh, you stated that you were at farm and home for approximately 40 minutes, correct? I was at farm and home for, for some time. I don't have the exact amount of time it was. Yes. And then you wrote, uh, you, you, upon leaving farm and home, you arrived at your house, your residence approximately 6 PM a bit after. Yes.
Um, And you observed tire marks also in your yard. Yes. They weren't normal. No, thank you.
You stated what the garage looked like that morning. Mr. Smith, was the garage any different than when you arrived home? Well, the car was in the garage when I went to work. Okay, and so she was still at home when you went to work? Yes. Upon arriving home, did you pull into the garage? Yes, I believe I did.
And you parked probably, possibly, potentially in the parking space you normally use, which is to the right of that pile. Thank you. And... could you tell us maybe when you noticed that door, the inner door that had been kicked in, did you notice that maybe before you got out of your truck or instantly? I didn't notice it until I got up to it.
Okay. Thank you.
But it was open, correct? Yes. Mr. Smith, I apologize for having to go into these details again. I'm sure you did not want to rehash them. Um, You walked inside and your wife's CO was sitting on the floor, right? Yes. And as stated, that was in front of the chair? Yes. And she was sitting on the quilt, as you said? Yes. That was on the quilt? She was sitting on the quilt, yes. Okay, thank you.
Do you remember what your wife was wearing by any chance? No, I don't. She was wearing some tackle. She had some clothing on, but I don't remember exactly what she had on, no. Pants, shirt, all? I'm not sure exactly what she had on. You don't remember her having bottoms on? Objection, Your Honor. Asked and answered. The witness has said he doesn't remember.
We've gone at it three different ways, Mr. Yon, so I'm going to sustain the objection. The witnesses testify as he does not recall what she had on. Thank you, Your Honor. Mr. Smith, I understand you're in home building, American Builders Supply. You're probably educated in home building and whatnot. Could you tell us approximately how far from the door that chair might be?
I'm not sure exactly how far that is from the front door. Maybe 20 feet, 15 feet. It would be farther than that. And upon walking in, you state that you observed a can and a knife on the floor, correct? When I got into the house, I saw the can and the knife on the floor, yes. Could you describe, perhaps, the location of the cannon at night? They were over in the kitchen, kitchen area.
Upon answering, could you give a recollection of the events that occurred upon your answer? Judging calls for an end. Overruling me to answer the question. Would you repeat the question? If you would, would you relate once more the turn of events as you entered the home? Would... What procedure you took, how you went about the situation? I walked into the house.
I saw my wife sitting on the floor in tears, and she told me they raped me. And then you went on it to find a firearm for it? I went in, and I got a firearm. She told me that she was told that they would be back. Okay, and that's that firearm you... Where did you retrieve that firearm from? I got it from the bedroom. That would have been... Closet in the bedroom. The south bedroom, correct?
It would be a bedroom on the east side of the house. Where the chest of drawers was. Yes, sir. And then you proceed back to your wife and you gave her the firearm for protection, correct? Yes. Then you... I believe in your statement, you stated that you then called the police. Law enforcement. I called 911, yes. Do you remember right about what time that may have been?
How long it was after you arrived? It wasn't very long. Could you give a approximate minute length? It was only a few minutes. So you... You obviously talked to her for a small amount of time, retrieved the firearm, walked to her, and then you went out to retrieve your phone from your truck, correct? Yes. She needed an ambulance or she needed medical attention. Okay.
In your statement, you stated that your wife was drinking some type of liquid when you arrived home. I'm going to object at this point with this statement. Witness didn't testify to that, so I'm not sure what statement he's referring to. Sustained. Mr. Schmidt, you made a statement, correct? A video statement? What's that? You made a video recorded statement, correct?
With officers of Adams County Sheriff's Department? Objection, Your Honor. The improper impeachment has not been confronted with that statement. Sustained. And you stated you don't remember the clothing you were wearing? Objection, asked and answered. Sustained. At the time calling 911, could you tell us approximately how long it was before officers arrived? To your best estimated guess.
I don't know exactly. It wasn't very long. They responded pretty quickly. And you made that call at 6.09 p.m.? That's true? I don't remember exactly what time it was. You stated that C.L., your wife, said that she had been robbed. sexually assaulted and hijacked.
Could you potentially go into a bit more detail as to what she stated to you upon the minutes of being there with the police or before you made the time? She told me she had been raped. And I went and got the phone, and I went out in the garage, and I called the police department. I called 911. Okay. So you made that call from the garage, or did you? I made it from outside the house.
I went out to see if anybody else was coming back, and I called police. I called 911. Out in your garage? Out in the garage. Mr. Smith, is it possible that that be false information? Objection, Your Honor. Claimed. Your Honor, there is a 911 call that shows... Objection, Your Honor. The objection's been sustained. You'll need to ask your questions to this witness.
Then it was a very brief conversation. Correct. Objection, Your Honor. Which conversation? The conversation with your wife. Hold on. When there's an objection, I'll need to address either sustained or overruled. And Mr. Young, I'm going to sustain the objection and ask you to ask a more specific question. Are you aware that your wife, CL, stated that you were at home? Objection, Your Honor.
Improper appeasement. And that will be sustained. The floor plan of your home where CL was located, sitting on that floor... And it pictures that it appeared to be a very slim path in between the chair and the trash can over the wall. If you may, I assume that path was clear for you to walk through in order to retrieve that gun? Isn't that better? Eastern better? Yes.
Not enough for me to get through. Nothing else before there, right? Well, the... The cleaner was on the floor, but it wasn't right there in the hallway where I walked through. No. All right. So the hallway was clear of debris, trash, clothing, or anything else that may have obstructed your path to this room to get to this gun besides the fan and cleaner, correct?
I walked straight into the east bedroom and retrieved the firearm. Your Honor, would you direct the witness to ask you the question, please? If you could rephrase the question, maybe he's not understanding what you're asking. That walkway that you had to walk through, which is in between the chair and the trash can, they're in the pictures that we observed. I believe exhibit 45 and 42.
That's a very similar pathway, Mr. Smith. I'm assuming the walkway was clear of grease, trash, clothing, or anything else that may have obstructed your path to this room to get to this guy, Greg, besides the key. I believe there were some other items there on the floor, but it did not obstruct me from going in there. Thank you.
Upon calling 911, you said you were in the garage when you called 911. Did you remain in the garage until police arrived, waiting for them? No, I went back into the house. And could you tell us how you proceeded from that point on? I checked on my wife to see if she was okay, and I looked out the windows to see if anyone was coming.
So you were potentially back, or I'll reword that, so you weren't back as much through the windows, correct? Yes. Do you have any idea what windows in front of your home that would allow officers coming? There's a set of windows there in the kitchen. in front of the sink that you can look out to the north of the house. A single set or a double? It's two windows.
Are you sure you did not stand there holding her hand? Objection, Your Honor. You're staying. Mr. Smith, can you describe the item here that I can call specifically having the same age of age here? Objection, Your Honor. Valid. A sustained histrionic, you can direct your question to a specific chair and narrow it down for him so he can give you the answer you're looking for.
There is a green chair, a plant chair, that your wife, C.O., wants to have a big secret in front of when you mentioned Bob Grevin. Yes. And do you have any of all some of the items at that time that were in the vicinity of that chair as far as furniture, maybe from their places?
Well, there would have been an ottoman that would have been off to the side, and there was a table between that chair and another chair. Would it be safe to say that you were right in front of that table? Or was you right in front of the table at the time? It was moved out of the way, but I don't remember exactly where it was at.
You said you were back and forth to your wife when you found your wife to the window. When you were at your wife's side, what did you do to the best of your knowledge or memory? I gave her a hug. You gave her a hug. Mr. Smith, you stated that right next to the chair in the center of the floor was a can of beer. In the exhibit, number 42, it appeared to be
somewhat right there dead center of the aisle going towards the eastern bedroom. When you walked back and forth there, you did not disturb that game by any chance? No, not, not, no. You should, uh, there's a possibility that you can go. So we can look pretty calm before calling 911 or before it peaks around. Is that the situation? No. It's not. I called 911. So you didn't Objection, Your Honor.
Asked and answered. Sustained. Mr. Stenner, are you the only person identified on the 9-1-1 call? Objection, Your Honor. Speculation and relevant. Mr. Stenner, I don't know how the witness would know who was identified on the 9-1-1 call. Your Honor, you do the 9-1-1 call. And again, the objection sustained. I don't know how he would know if he's the only one identified on the 911 call.
And during the time of 911 call in the garage, he was assessed unsolicited by yourself, right? There was no one else there. No, it was me. Thank you. This would kind of, if I may, pledge criminal acts, something you'll never forget, right? No, I will never forget it. And you're assured by your dead wonder that you have to send your honor to the state.
Mr. Schmidt, I'm confused as to the answers I'm asking about this 911 call.
Could I introduce the 911 call, please? Is he asking me, Your Honor? Is there any objection? Well, Your Honor, there's no foundation for the 911 call. This witness has not been... So, yes, we object to the 911 call being played without the proper foundation by this defendant. So, Mr. Young, if you'll lay the foundation for introduction of the 911 call with this witness.
Your Honor, the foundation is Mr. Snake has stated that he made a 911 call. He's obviously called... I believe that foundation is enough. Finding that is not enough foundation. When police arrived, your wife, she had something on top. I'm not sure. I don't think she, she, she has something on top, but nothing on her bottom.
And, uh, she did not move from that location, right? No.
So essentially she was bare of clothing. Yes. Do you recall how it is that she was removed from that floor and that she got up from the floor? No. You do not recall the deputies having to? Objection, Your Honor. The witness has already testified. He doesn't know how she got up off the floor. It's a cross-examination, so overall, you may ask the question.
Do you, Mr. Smith, recall the deputies having to assist her in getting help to the floor?
Or is it a possibility she just remained there? She was on the floor for a while.
I'm not sure. I don't know how she got up. To your recollection, could you tell us the secret events after the arrival of law enforcement? Enforcement. I'm sorry, I didn't understand the question. To your best recollection and remembrance, could you tell us the sequence of events that happened upon the first arrival of Walker? I don't remember all the details with it, no.
They did go over and deceive my wife. And you were present, correct? I was there, yes. Did you tell us where you were when you had a stitcher down? I don't remember. Let me see if I can get what I've got. I assume they did a quick search of your home to make sure there was no potential threat to the right door. Is he secure, though? No, I don't remember.
Mr. Smith, do you know any name of the first responder? No. And are you associated or familiar with any of these officers that were at your home this night? No. You know none of them? No. You're not aware of or familiar with Mr. Wagner, Sheriff Wagner, or Chief Deputy Sam Smith, or Mr. Goodwin? No. Do you remember speaking to an officer in his lodge about an important issue concerning this matter?
Your Honor, I have to object to that. I will sustain the objection. You're asking this witness to decide what you might be thinking was an important matter. He may not agree with that. So if you want to rephrase your question. I apologize. I just don't want to leave her. Well, in cross-examination, that's exactly what you're supposed to do, Mr. Yon, but go ahead.
Do you remember speaking to a deputy, specifically a female deputy, About your cards, your bank accounts, your monetary value in your garage. No. And you remained at your home until about what time? The best you remember? I don't remember. Or were you there the rest of the night? No, I went to the hospital. My wife went to the hospital and I went there after that.
My wife went to the hospital, and I drove there on my own. Thank you. And your wife went to the hospital to collect evidence. Objection, Your Honor. Speculation. Sustained. Is it true that your wife initially did not want to go to the hospital? I don't remember what she said. I don't know. There was a 911 call. There was a 911 call.
Thank you.
So there were no medical emergency technicians ready? No. Thank you. You did not recall her diagnostic medical service? No. However, at a later time, you did go to the hospital with your wife. Yes, you did. Just a few. I went to the hospital, yes. You went to the hospital by yourself or? I went by myself. You did not take her? I did not take her, no. I think.
Mr. Smith, these claims placed forth, how would you view them? Injection, Your Honor, relevant, distinct. You stated that your wife claims she was raped, right? Yes, she said she was raped. And that was the only thing she told you at the time, correct? Yes. You've testified to jewelry being your lives to several other issues. Mr. Schmidt, is that reasonable to do it?
Is it in your reasonable belief? Is it logical of any human being to deny services such as medical services and to not have them come to the scene? Objection, Your Honor. Speculation irrelevant. Objection sustained. Can you rephrase the question? No, I don't want to rephrase the question. Obviously not.
Did your wife, in reference to the knife, did your wife maybe explain to you what time male or female were able to gain access to this knife? No. Earlier, you stated that she told you, related to you that she was able to run into the house and the male and the female were in an argument. She was able to run into the house and make it to the bedroom and to defend it.
myself, lest you have come in and demanded your rent and money? She said she ran into the bedroom and, yeah, she said that the defendant, the man that came into the house, wanted to know where the jewelry was at. You also stated that she related to you that she told the suspect Potentially defended that she had money at home, right? That she would give them? Yes.
And she didn't reference jewelry at the time? She said she had jewelry and she had money at the house. Mr. Smith, briefly, briefly one more time. Could you relay the actions that your wife stated that happened to her? Objection. Asked and answered. We've covered this, I think, three times now. Sustained the objection. Asked and answered.
You've also stated previously early on in your testimony that your wife relayed to you that she was thrown downstairs, correct? Yes. Moments ago, you just said she was only raped. No. I will strike the comment by Mr. Young and will instruct the jury to disregard such.
Mr. Young will be cautioned to ask the questions of the witness and not to attempt to testify or make argument until the appropriate time. Your wife stated that in the collar, the male reached over and grabbed her, I believe, was finally her. And then she placed his penis in her mouth.
Correct? No. It's not.
So she never told you that her mouth placed his penis in her mouth anywhere in Clareport? I'm sorry, would you start over with that again? In your earlier testimony, you stated that your wife relayed to you that the metal in the car before arriving to the home reached over and was touching her, finally her, and then proceeded to put his penis in her mouth. Yes.
And was that, are you aware of where that may have been? Were they stopped? Were they still driving? I don't know. And that mental suspect stated, if your husband's there, I'm going to kill you both. Correct? Yes, she said that. Mr. Schmidt, I don't know. There's not only one firearm in your home, right? In fact, there's several, right? There is more than one firearm in my house, yes.
And when the grandkids are not around, as you said, you try to keep them out of reach of grandkids. These firearms are randomly placed in the home, right? I never said that. Thank you. And Tina did not, excuse me, I apologize, CL did not tell you where she was at at the approximate time when Neil came through the door? She did not tell me exactly what time that was, no.
She did not give you an approximate location as to where she was in the house? Well, she ran into the bedroom. Now, after she locked the door, now exactly how long that took... And I don't know. It couldn't have taken very long to run from the door into the bedroom. And your wife is, she's a 77-year-old woman, I understand. Wow. And she had any surgical operations such as hip replacements?
Yes, she had a hip replacement. And is she apt to run often? Well, no, she didn't run, but this fine. I observed a walker at your home. You stated there's a walker, an assistant device for people who tend to have issues walking. At times, she did use a walker, yes.
Upon being thrown down the stairs in a violent fit, a violent rage, as that does not happen, friendly like, or as a play of sports, upon being thrown down the stairs, did she state any further events in reference to proceeding further after that? Would you repeat that?
After being thrown down the stairs, she did not describe to you what happened after that, besides the fact that they went safe, correct?
Yes.
And, uh, Mr. Schmidt, I'd like to ask you about that safe. That safe is obviously, it's been stalled, built into the wall, and it is usually covered at probably all times, correct? Yes. And is there anyone else that would be able to touch that safe, that safe handle or anything about that safe? Maybe the partition or the board that was covering.
Does anyone else ever operate with that safe or go into it? I would be the only one. You'd be the only one. So grandkids aren't apt. I'm sure they've seen it, but grandkids aren't apt. regularly touch and pull the board all the time, that giant, right? No.
You stated earlier, you testified that your wife related to you something about locking you safe permanently and that the police are on their way now because they have a notification of that safe if it's the wrong combination, correct? Correct. Would you repeat that?
You stated earlier in your testimony that your wife related to you that she told the suspect or suspects that they had locked the safe because it was wired to the police station forever. She told me she told the suspect that the safe was wired to the police department. Yes. And then they proceeded to stare. That's what she said, yes.
And I'm sure you've had other conversations in the time after the alleged offense. On top of the initial conversation with her at that time, she did not say anything further as to any other events that happened upon going upstairs. Objection, Your Honor. The witness has already testified that she told him they went upstairs and bent her over her chair and raped her again.
That's what the witness testified to. So now the defendant here is trying to confuse the witness by misinterpreting his previous testimony. I'll sustain the objection if you could rephrase or re-ask the question. Perfectly honest. Mr. Young, I thought you were asking this witness about any other conversation he had had with the victim about her description of what happened.
So if you could pinpoint the witness with your question as to the answer you're looking for, then hopefully you'll get the answer you're looking for. And she's, excuse me, I'll skip past that question and continue on. She stated that they proceeded upstairs, right? Yes. And the mail fits her open. The chair, she raped my wife. She told me she was raped.
Mr. Smith, earlier you stated that she related to you that she put that over the chair. I don't remember saying that. Your wife, I'd like to ask you about her being, about her personal mentality. You were on Zoom. You were around her daily. If I make the snub sheet, the CL...
was a sharp person, meaning not only smart, but intelligent, crafty, ingenious, of a stable mind, consistent in her manner of everyday life. Would you agree that my assumption is accurate? Jackson wrote it relevant and sustained as being irrelevant as well as a compound question. Your wife did not suffer from any dementia at all, Blackie. No. So she would have remembered things pretty well.
Objection. I would call for speculation on the part of Miss Whitman. I don't know if he can answer the best of his knowledge. Would you repeat that? So her memory was actually pretty good, right? It was pretty good. Yeah. Maybe. Objection. Again, we're talking about what was eight years ago. Sustaining the objection.
Mr. Smith, I'd like to ask you a question or two about your Toyota Avalon, the white one with the license plate of ABS, I believe 1706. Could you tell me what year that was? It's the best year of remembrance. Roundabout. I believe it was a 2018. And that automobile did not have self-propelled autopilot driving installed in its model, did it? No. Meaning it did not drive itself, obviously.
Thank you. Is it true that your wife stated that the female in this criminal equation was the worst of the two? Yes. Mr. Smith, I'd like to ask your opinion. Based on your knowledge and testimony, based on life, based on what your wife has related to you or had related to you, First, I apologize, I'll backtrack.
Your wife stated the female was verbally violent and threatened her many times, correct? She said the, yes, she did. And that was all other than rummaging through your house, ransacking you, and stealing everything, correct? Yes, she said the female did, yes. And I'll reiterate for you, I'm going to stay on. Do I have to stay in the middle of the river downstairs to meet her? That's right.
Correct. Yes. Back to my original question. Based on life and being a human being and the relevance of what your wife relayed to you, in your eyes, what do you see of worse? The male or the female? I'm checking your honor. Relevant speculation. Improper opinion. You are aware that the female was simply supposed to be only verbally wound, Rick? The female threatened her with a knife.
Verbal threats. Verbal threats, yes. Thank you. Did your wife ever state anything about the female touching her? I don't remember for sure what she all said. Generally... I'm the owner. Yes. No, we used, we each used our own vehicles. or the two different vehicles that were owned by the company. Is it possible that at times C.L. would not even go to work? Objection, Your Honor. Relevance?
On sustained. I recently stated C.L. left before you that day. I don't know if it reminds you that before you went to farming home. Objection, Your Honor. He never said that C.L. was at work with him that day. I would sustain. I don't recall that being testified to. Mr. Smith, did your wife Drink alcohol. Objection, Your Honor. Relevance? I'll sustain.
I don't find the relevance in the question, Your Honor. Mr. Schmidt, did your wife have any markings on her body that you could observe upon entering the home that were not mostly there? Are you aware of that? I don't remember if she had any other markings on her or not. You gave us our 36 years, obviously, though. Did she have any temporary confidence in her body?
Such as maybe skin depredation or birthmarks? No. None? None? Any lower body? Objection, Your Honor. All the rules. Let me ask you a question. I'll restate that. Can you hold the question? I'm sorry. The question was, did she have any birthmarks or pigmentation on her lower body?
Let's let the witness answer the question before we move on, Mr. Young. No. Is Omega and Mrs. Smith on us?
Is there any recent medical attention outside of 11-9 or 21-9? There are no hospital visits. I mean, she went to the doctor. I'm not sure. Yes, she went to the doctor. Who's Schmidt? I don't want to go too much further. I don't know. I feel like I've already violated enough of this question. I hate to have you here as it is. Your Honor, if we could just get to a question, please.
Mr. Young, if you would ask your next question of this witness, then we'll be here even less. Knowing your wife for 36 years, being your wife for two years, do you see any reason that she would laugh and giggle about things such as this? Objection, Your Honor. There's no evidence of that, and it would be speculation on the part of this witness. Sustained.
Mr. Smiley, I guess, about the cell phone service. I'm on the bus. Objection, Your Honor. Relevance? Maybe we'll get to something relevant. Go ahead.
Go ahead.
Yes, I overrode the objection. That means you can ask the question. How is the cell phone service up there on the blocks for your house located? Objection. Again, a little bit of an objection. Maybe we'll get to something relevant, but go ahead with the line of questioning, Mr. Young. I'll proceed on your own.
Based on your remembrance, do you remember your wife being appointed to go to the hospital while you were there? Yes, they told her she had to go to the hospital. And who might that be that told her they had to go to the hospital? I don't remember. It would have been law enforcement, correct? Law enforcement yourself would be the only ones there, true? Her daughters were there also.
So it could have been law enforcement and daughters. And the daughter. And whether to see your answer or not, I'd like to answer the only question that has been asked. Do you remember approximately how many daughters did arrive to the scene? No, I don't. And do you know how they got information? I called the younger daughter, Ilsa.
Mr. Svidal, you said you went to the hospital by yourself in your own vehicle. Do you remember when you took your wife to the hospital? She went with her daughter. And that would have been Ilsa's or Heidi's? Yes.
And that was on your Reverend Nunn that same night? Yes. Before you came to the hospital, could you shed a bit of light on what your wife did before leaving?
What precautions did she do? Maybe she dressed? How long it was, to the best of your knowledge. Yeah, she put some clothes on. She didn't shower? No. She, uh, I would say she held tops on and she didn't change clothing? I don't know. Michigan, are you, uh, in regards to the sexual assault, are you aware of whether there were any objections to the condom or anything? Did she explain it to you? No.
And last question, she walked down the road.
She walked down the road. Yeah. She walked down the road.