MJ

:

Very well.

Special Agent Eric Meulenberg, Naval Criminal Investigative Service, was called as a witness by the prosecution, was sworn, and testified as follows:
DIRECT EXAMINATION Questions by the prosecution:

Q.
A.

Special Agent, could you please state your name and
spell your last name for the record, Eric R. Meulenberg, M-E-O-L-E-N-B-E-R-G,

MJ: WIT: MJ:
WIT: MJ:
TC:

One more time, Special Agent, a little slower, Eric R. Meulenberg, M-E-U-L-E-N-B-E-R-G. Somewhere between as fast as the first time and as slow as the second. ..
Okay. Captain Ellis. Yes, sir.

Questions by the prosecution continued:

Q. A. Q. A.

Special Agent, what's your current -- what do you currently do for work? I'm a Special Agent with the Naval Criminal Investigative Service. I served aboard Camp Pendleton, California, Could you give the military judge a brief description of your training, education, and experience? I served in the Marine Corps after high school for four years. I was in infantry. I went to college at Northern Arizona University. I earned a Bachelor's Degree in Criminal Justice. I served for three years as a Deputy Sheriff in the State of Arizona and attended Arizona Law Enforcement Training Academy. I served in the United States Border Patrol for a little over four years as a Senior U.S. Border Patrol Agent K-9 Handler, I attended the United States Border Patrol Training Academy. I served as a Federal Air Marshal in
279

Las Vegas, Nevada, Obviously I attended Federal Air Marshal Training Academy. I did that for under a year. And then I joined NCIS in May of 2002. I attended a Federal Law Enforcement Training Center Criminal Investigator Training Program, as well as some in-service and advanced law enforcement training. I have served aboard Twentynine Palms, California, and Camp Pendleton, California, and I served three tours to Afghanistan in support of a specialized task force over there. Q. A. Special Agent Meulenberg, I notice that you are wearing a beard. Is that something that you normally wear? I made a deployment to Afghanistan in support of a task force where I had a high amount of contact witness the local national people. It's important to build rapport with those people by making an effort to adapt to their standard of dress and appearance. Are you familiar with the case United States versus Sergeant Ehlers? Yes, I am. What was your task in that case? My current duties with NCIS, I specialize in interviewing and interrogating people, and I was brought into this investigation in 2005. I was requested that I interview and interrogate Sergeant Ehlers regarding the allegations against him. When in 2005?
May.

Q.
A.

Q. A.

MJ:
WIT:

MJ:
WIT: TC: MJ:
TC:

Excuse me?
May 2005. May 25th would be when we met. Sir, permission to approach the witness and show him Prosecution Exhibit l, for identification. Do you have a copy for me?

Yes, sir.

The trial counsel delivered the exhibit to the witness and a copy to the military judge.
280

MJ:

You may proceed.

Questions by the prosecution continued; Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Special Agent, do you recognize that document? Yes, I do. What is that document? This document is a standardized NCIS Military Suspect's Acknowledgment and Waiver of Rights form. And what's the date on that document? May 25th, 2005. What was the date of your interview with the accused? May 25th, 2005. Are there any initials on that document? Yes. What do those signify? The initials signify that this form was read in my presence by Sergeant Ehlers. Those are his initials. What's the procedure for initialling a document like that? When I meet someone to interview them regarding allegations against them, before I proceed with an interview or interrogation I produce this form and I read it to them. I ask them whether if -- while I'm reading it if they have any questions to please bring them to my attention, and then I hand the form to them and ask that they read the form and that they initial the beginning and end of every sentence on the form once they understand it, and if at any time if they have any questions to please let me know what the questions are. And that's the procedure that-I followed with Sergeant Ehlers. Is every sentence on that formed initial at the beginning and end? Every sentence except the title obviously and the location -- below the location every sentence is. Did the accused sign that form? Yes, he did.

Q. A. Q. A.

281

Q. A. Q. A. TC:

Did you see him sign that form? Yes. Did you sign that form? Yes, I did. Sir, at this time the government would move Prosecution Exhibit 1 for identification into evidence and ask that the letters "FID" be deleted. Any objection, defense? No objection, Your Honor.
Sir, permission to -Stop.

MJ: DC:
TC: MJ:

There being no objection, Prosecution Exhibit 1 for identification is admitted into evidence; the letters "FID" are deleted. Now what do you want, Captain? TC:
MJ:

Sir, permission to retrieve the document and hand it to the court reporter.
Very well.

The trial counsel delivered the exhibit to the court reporter. Questions by the prosecution continued: Q. A. Special Agent Meulenberg, what was the first thing that you asked the accused when you spoke to him? I don't remember specifically what the first thing was that I asked him, but what I let the person know and what I'm sure that I let Sergeant Ehlers know when I met him was why he was being asked to submit to an interview with me, what the source of the interview was, which was in this case the allegations of sexual misconduct with the victim Hi , a juvenile female. When you asked him about that, what was his response initially? He denied having any sort of physical or sexual contact of an inappropriate nature with that victim.

Q. A.

282

Q.
A.

Q. A. Q. A.

Did you ask him about whether or not he kept -any<^/, pornography in the house? ^O? hi / Yes. <* "•, -a. /. • *^\ •. ^~ff\ ( What was his response to that? was hxs response to ^ *^L ^u His initial response was no, he did not have any -P pornography in this home. Did he maintain that he did not? Later as the interview progressed he admitted that he did viewed pornography on the internet on his personal computer in the privacy of his home. Where did he say his computer was located? He initially told me his computer was located in his bedroom. Later he told me that his computer was located in a computer room. Actually -Did you ask -I'm sorry. Later he identified the computer room as kind of an open of what I perceived to be dining room of his on base housing unit. I asked him to draw a diagram of the housing unit for me and point out what he meant by computer room.

Q. A.

Q. A.

TC: MJ: TC:

Sir, permission to approach the witness and show him Prosecution Exhibit 2 for identification, Very well. I'm showing the document to the defense counsel.

The trial counsel delivered the exhibit to the witness. Questions by the prosecution continued: Q. A.
QA.

Special Agent, do you recognize that document? Yes. What is that document? This document is the diagram that I asked Sergeant Ehlers to draw for me, a floor plan of his on base housing unit, and there's locations on the diagram where he indicated where his computer was and the proximity of the victim during one incident where he told me that he viewed pornography with her. N i

283

Q. A.

\

What did he use to designate the location of hie computer? I believe I put the dot where he told me the computer was located. I can't remember specifically if he put the dot or I did, but I think I did. And that is a dot right here (indicating). ~Let the record reflect that Special Agent Meulenberg is trying to -- I can't see. I'm sorry. Her6 --

MJ: WIT: MJ:

Everyone stop. Captain Ellis, is that a working copy for me?

TC:

Yes, sir.
I'll take that. Special Agent, go ahead and have a seat.

MJ:

The witness complied. MJ: Thank you, Captain Ellis. As I look at Prosecution Exhibit 2 for identification I "see an X in the middle of the room with two -- in the middle of a box I should say between two arrows. Is that the dot you're referring to, Special Agent? WIT: MJ: WIT: MJ: WIT: MJ: The X is something different all together. dot in the corner of that room. Just north of the X? Depending on the orientation of your map, yes, it would be just above the X. With the word "laundry" -That is correct. -- that's indicating this -Okay. Special Agent, I'm assuming you've testified in a court of law before. Only one of us can talk at a time. The dot is the

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Do you understand? WIT: MJ: Yes, sir. All right. Now, with the laundry indicating the southern portion of Prosecution Exhibit 2 for identification and the X that I'm referring to being centered, is that dot you're referring to right above that? WIT: MJ: Yes. I understand. Thank you.

Captain Ellis, please. Questions by the prosecution continued:
Q. A.

What does the X indicate? The X indicates the position of the victim during an incident that Sergeant Ehlers indicated to me was when he viewed pornography and was masturbating, that was her proximity to him. Let me back up for one second. be over at the Special Agent, how often would H, accused's home? Sergeant Ehlers indicated that she was a frequent visitor to his home. •7 And who else was present when she was a visitor^* Sergeant Ehlers told me that sometimes he was the only one present and sometimes his wife at the time was also present. Did the accused say anything to you about the sexual relationship of his wife during that timeframe? Obj ect ion, hearsay. Overruled. Yes.

Q.

A.

A!
Q.

DC: MJ:

WIT:

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Questions by the prosecution continued.Q. A. What did he say? He indicated that his relationship was strained and he was not having a sexual relationship wife at the time, that they were separated pending a divorce. Did you speak to him about masturbation? Yes. How often did he say he would masturbate? Objection, Your Honor, irrelevant. What's the relevance, Captain Ellis? Sir/ to show that this is -- he's done this on a regular basis and had multiple opportunities for this event to take place. Lieutenant Melowcowsky? Sir, there's a big difference between masturbation and masturbation that's accused in the charge sheet. I think he needs to direct his questions, but right now he's asking about an event that currently is, unless I'm mistaken, in the UCMJ is legal. The objection is overruled. get to a point.
Yes, sir.

Q. A. Q. DC: MJ: TC:

MJ: DC:

MJ:
TC:

However, Captain Ellis, let's

Questions by the prosecution continued:

Q.

Let me rephrase that question a little bit, Special Agent. You testified that the accused marked the dot as an open space between the living room and the dining room where the computer is located. How often did he say he would masturbate at that open space? Approximately twice a day during that period of time. What was his routine? Hold on, Captain Ellis.

A. Q, MJ:

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TC: MJ:

Yes, sir.
You may continue. What was his routine when he would masturbate in that open space? He indicated that --he told me that he would view pornography at that computer station at that location in his home, that he would pull his pants down and then masturbate himself at that location and to the point of ejaculation, at which point he would walk to the bathroom of the house to clean himself off and put his clothing back on. Did he indicate to you if he would ever masturbate with other people around? When I asked him if there was ever an incident when the victim Hv was in close proximity to him when he masturbated in his home, he indicated that there was one time when he masturbated in her presence and did not stop masturbating until he ejaculated with her in close proximity to him. How close did he say she was? He indicated it was a few feet and then he notated on
this diagram.

Questions by the prosecution continued:
Q.
A,

Sir, the government would ask to admit Prosecution Exhibit 2 for identification into evidence and ask the letters "FID" be deleted.
MJ: DC: MJ:

Lieutenant Melowcowsky, any objection? No, Your Honor. There being no objection, Prosecution Exhibit 2 for identification is admitted into evidence; the letters "FID" are deleted. You may continue.

TC:

Yes, sir.

287

Questions by the prosecution continued:
Q. A. During this episode where he masturbated with H» being a few feet away, did he make contact with her at any point? Sergeant Ehlers told me that during that incident when he masturbated with her in close proximity to him he slapped her on her behind and then continued to masturbate. Was Sergeant Ehlers aware if H had seen him at that point? He made it clear to me that she was watching him, that she was an audience to him doing that, yes. When did he touch her in relation to when he ejaculated? He told me that he could not remember if it was after he ejaculated or before, but he said that he did not stop to do that, that he continued. Did you have any conversations with him about what he had told you at that point in regards to what he initially told you? I asked him if that were true why did he initially tell me that he had no contact or no incident of exposure of himself to H , yes, I did. What did he say? He told me that it was - - h e was embarrassed about the incident, ashamed about the incident and -Objection, Your Honor, hearsay. Lieutenant Melowcowsky, aren't these statements made by the accused to the Special Agent? Your Honor, they're not admissions. What he's doing is more of an explanation of the situation that was described and how he was feeling during the time. Captain Ellis ^f« ^ Sir, it seems to be clearly an admission to a Special Agent. It doesn't necessarily need to be one of guilt. Also, the government's position, sir, is it falls clearly under a statement by a party opponent.

Q. A. Q. A.

Q. A.

Q. A. DC: MJ: DC:

MJ: TCi

288

MJ:

The objection is overruled.

I will allow it.

Questions by the prosecution continued; Q. A. Special Agent, please continue. He told me that he was embarrassed, ashamed of that incident, and that was why he didn't initially admit to having done that. At any point did you ask him about the remaining allegations that H had made? From that point, I continued to question him regarding the specific allegation of penis to mouth, penis to vagina, finger to rectum contact. Sergeant Ehlers made it clear to me that he would not admit to such conduct and shortly thereafter made it clear to me that he desired to speak to an attorney, so I terminated the interview at that time. Now, you said his statement was that he would not admit to such conduct. Was that this exact words? Yes-. May I have one moment, sir?

Q. A.

Q.

A.
TC:

MJ:

Yes.

The trial counsel conferred. Questions by the prosecution continued: Q. A. Special Agent, do you recall when you spoke to the accused about his relations with his wife, was he still living with his wife at that point? I believe what I meant to say was my impression was during the time of this alleged incident the relationship was strained and they were still cohabitating, but during the time of the interview, which was a few years later, that they were then separated pending divorce. No further questions at this time. Cross-examination, Lieutenant Melowcowsky?

TC: MJ:

DC:

Yes, sir.

269

CROSS-EXAMINATION Questions by the defense:

Q.
A.

Good afternoon. Good afternoon. Agent Meulenberg, I'd like to step back a minute and ask exactly how you got this case.

Q. A.

My specific duties with NCIS involved me assisting other agents in the interview and interrogation of suspects, and so I was specifically tasked to do this from our Headquarters in Washington. And the case agent in this matter requested my specialized assistance through our Headquarters in Washington and then I was there therefore assigned this case. What point in the investigation would you get a case
standardly?

Q. A. Q. A.

The end.
What do you mean by the end? After all logical investigative leads or steps have been completed or exhausted and nothing else was significantly pending. .**. And do you review the case to make sure that the case is completed. I do a combination of reading the case file and talking to the case agent, yes. _•* So you -- is it your testimony that your job is to read through the whole file? Jes. And do you have the authority to send a case back to continue to be investigated if you don't think it's investigated thoroughly enough? These requests are approved and I'm assigned this case at a higher level, but certainly if I read through it and notice something that I thought was a significant discrepancy I would then refer it back to my chain of command to make sure that they also notice that. So, yes, I do have that authority, though the ultimate authority comes from my supervisor.

Q. A.
Q. A,

Q.

290

A.

So by the time the case gets to you they really have someone in mind and this is the end of the investigation? As far as the suspect being identified?

QA.

Yes. Yes.
Would you agree that a complet ire* investigation by the time it gets to you is an investigation where, let's say, all the witnesses — all possible witnesses are interviewed? All significant witnesses should have been interviewed, that's correct^. And by significant witnesses, would you agree that all significant witnesses are witnesses who may have been at the scene of an alleged incident? Yes, Were you aware that during this time that Gloria Ehlers1 brother, the former wife of the accused, was also living in the same house and would from time to time live in that house? I don't remember if I had read that in the report due the time that has elapsed, but is it possible that I knew that at the time, but right now I don't remember that. Do you know if he was ever questioned about this incident? I do not know. Were you aware that in a report it's alleged that a young boy during this time named James who lived in the neighborhood was seen actually grabbing K 's " crotch? I don't --at this moment in time I do not remember reading that in the report. In fact, it was in Stacy Skovranko's report to NCIS. You don't know that? I don't remember if I read that when I initially read this case. Do you know if he was ever questioned? That boy that you referred?

A.
Q.

A.

Q-

Q. A. Q-

A.

QA. QA.

291

QA.

Yes. No, I do not. Would you. see that as significant that a girl is complaining of scratching her crotch as being — making accusations of being molested that the boy who grabbed her crotch should at least be questioned? I think that would be a lead that should be investigated or interviewed. Would you also agree that that boy should be at least questioned if he was claimed --if H claimed that he was there during the alleged incident itself? Yes. Were you aware that H; in an interview said that James was present during the alleged incident? I'm not aware of that. If she had said that, would you agree that he should be questioned? Yes, as a witness I agree. Were you also aware that H said that someone named Nana was also in the house during the alleged incident? No, What was the name of the person that was alleged -Nana, sir. Excuse roe? N-A-N-A, sir.

Q.
A.

Q. A. Q.
A.

Q.
A.

QA.
MJ: DC: MJ: DC:

Questions by the defense continued:
Q. A.

Were you aware that by Nana H< who is Gloria Ehlers' mom? No, I'm not aware of that.

refers to Donna Kurr,

Q.
A. Q. A.

Were you aware that also during that interview, which was in the report, that Gloria is said to have walked in on this incident -- these alleged incident? No. Do you know if Gloria was ever questioned about that? I would imagine so, but I don't remember.

292

Q. A.

Did you ever question Gloria yourself? No, not me personally. Donna Kurr, did you ever question Donna Kurr? Nobody except Sergeant Ehlers.
——*

Q. A.
Q.

I want to jump now to the interview that you had with Sergeant Ehlers.

A.

Approximately how long had he been there during the entire day? The total time from the time that he arrived to the time that he left was approximately seven hours. However, we weren't together for a solid consistent seven hours. We had several breaks totaling about an hour and a half during that time. Where you aware that during some of these breaks he was checking on his wife? I'm aware that his fiancee at the time waited for him in the parking lot, but I was not aware that he needed to check on her, nor did he tell me that he ever needed to check on her for any sort of health and safety reasons if that's what you're referring to.
— * 7

Q. A.

Q-

A.

Right now you are testifying to certain statements that Sergeant Ehlers made, but wouldn't you agree that a more credible piece of evidence would be a video taped confession, a signed confession, or even an audio taped confession? I don't believe that would be more credible. But here we're just relying on your word, correct? Yes.
—.

Q.
A.

MJ: DC: MJ:

Lieutenant Melowcowsky. Yes, sir. I'm not interested in the Special Agent's opinion as to the credibility. I make the determination as the finder of fact. Yes, sir. Please move on.

DC: MJ:

293

Questions by the defense continued:

Q. MJ:

I want to draw your attention to the diagram that you just received from the government. Are you talking about Prosecution Exhibit 2, Lieutenant?

ACC:
MJ: Q.
A.

Yes, sir.
Please refer to it by its number. Would you agree that the X that is indicated on Prosecution Exhibit 2 on the laundry room that is marked is in extremely close proximity to the door?
Yes.

Questions by the defense continued:

MJ:

What door are you talking about, Lieutenant Melowcowsky? I'm looking at Prosecution Exhibit 2, Are you assuming that a break in one of those lines either horizontally or vertically represents a door?

DC:

Yes, sir.
All right.
Please continue.

MJ:

Questions by the defense continued:

Q.

A.

Would you agree that throughout this diagram, including the laundry room which is marked on Prosecution Exhibit 2, has a lot of open spaces and a lot of connecting rooms? I agree that it's a diagram that is supposed to represent Base Housing. I don't know whether or not I would say it has a lot of rooms. To me it looks like a standard floor plan for an apartment. At least in the laundry room we have two hallways or doors or passageways which open up into other rooms? Yes. I drew the segmented arrow to indicate that that was a pass through area without opening and closing doors, that you could walk through those areas unimpeded if you wanted to.

Q. A.

294

Q. A. Q. TC: MJ: TC: MJ: DC:

So someone could walk through those doors hypothetically without someone knowing that they were coming through? As far as having to knock or unlock a door or open a door, yes, you could walk through that area unimpeded. Is it possible that Sergeant Ehlers was in the room and H came .in unexpectedly? Objection. Basis? Calls for speculation, sir. Lieutenant Melowcowsky? Sir, this whole alleged admission is based on speculation of what Sergeant Ehlers was doing in the room and what he was expecting. The issue is how the child got into the room. I'm going to allow the question. The objection is overruled.

MJ:

Questions by the defense continued: Q. Is it possible that H Sergeant Ehlers knowing? Yes. came into the room without

A.
Q.

A.
Q. A. Q. A. DC:

Is it also possible based on the answers that you received that he spanked her that he was trying to get her out of the room? Yes. In fact, when he said I would never admit to that, it could also be taken as I would never admit to that because that's not how it happened? I believe that I clarified with him *- that with him at the time. And then he immediately ended the interview and wanted to speak to an attorney, correct? Shortly thereafter, yes. No further questions, Your Honor.

3
EXAMINATION BY" THE COURT Questions by the military judge.Q. A. Special Agent, if you would, please take a look at Prosecution Exhibit 2. [The witness complied.] If I understand your earlier testimony, those two segmented arrows on the bottom left-hand corner, again using the word "laundry" as our southern most point on the diagram, my understanding is that you drew those segmented arrows. Is that correct? YesXAnd who drew the rest of the diagram? Sergeant Ehlers drew the outline of the unit and then I filled in the data such as the dot and X based on where he told me H was standing and the computer was located. Then I wrote the position of open and closed doorways to give the diagram some perspective and -Hold on. Let me stop you right there, Special Agent.

What do you mean by open and closed doorways? How did you put that on Prosecution Exhibit 2? I. drew that segmented arrow to show that a person could pass through those two breaks in that wall in the lower left-hand corner that we're referring to because there is no door, it's just a pass through area based on Sergeant Ehlers description of his residence. And then I drew on the other rooms those vertical lines to indicate where the actual doorways that opened and closed were located so we could then differentiate between what rooms had a door that opened and closed and what rooms simply had an opening in the wall that you could pass through. Special Agent Meulenberg, looking at the bottom right-hand corner now of Prosecution Exhibit 2, there appears to be a vertical line on the -- what I am assuming, and please correct me where I'm wrong, in the bottom right-hand corner what appears to represent a room with both an open doorway to the right and then a doorway with a door to the left. Do you see where I'm referring? (Witness nodded in the affirmative.)

296

Q. A.

Does that line -- perpendicular line -- excuse me, vertical line in that little room there, what does that indicate, if anything? My perception of this when he drew it was that that part of the house was not included in the incident so that part of the diagram is incomplete and it trials off to be an incomplete. Where the incident occurred is on the left side of the house and that is a complete diagram where the -- the right side of the house is just left open and incomplete. Do you base that on Sergeant Ehlers actually drawing that line and referring to himself or is that just a otraight mark? Do you know? He drew the diagram. I did not ask for clarification on the right side of the house. I just focused on the left side where the alleged incident took place. Nowhere in Prosecution Exhibit 2, Special Agent Meulenberg, do I have any sense of distance, whether this to scale or not to scale. Did you ever ask Sergeant Ehlers to give you any scale with respect to Prosecution Exhibit 2? No. I didn't notate it was not to scale. I just assumed it was not to scale and that it needed to be match up with an actual floor plan of an actual residence, that 1 assume the case agent could do it at a later time to verify whether it was accurate or not.

Q.

MJ:

Captain Ellis, would you please retrieve Prosecution Exhibit 2 from Special Agent Meulenberg and at the same time deliver to him Prosecution Exhibit 1, please. Aye, sir. Thank you. I'm retrieving from the witness Prosecution Exhibit 2 and handing him-Prosecution Exhibit 1. You know what, I have the original right here, if you would. Taking from the military judge Prosecution Exhibit 1 and handing it to the witness.

TC:

MJ-. TC: MJ: TC:

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Questions by the military judge continued: Q. Special Agent Meulenberg, Prosecution Exhibit 1 for identification has date and time at the bottom right-hand corner, 25 May '05, 0933. Is that your handwrit ing? No, it is not. Do you know whose handwriting it is? Sergeant Ehlers wrote that. And do you recall how long it took for you to advise him of his rights? A few minutes. I don't remember specifically, but I do have a time log where I write that down in my notes. I take it then the 0933 that I'm referring to in Prosecution Exhibit 1, that's the time that Sergeant Ehlers -- the date and time when taken together with the 25 May 2005, that's the date and time he signed the document? Yes. Thank you, Special Agent. Questions in light of mine? Government?
TC:

A.
Q. A. Q. A. Q.

A.
MJ:

Yes, sir. REDIRECT EXAMINATION

Questions by the prosecution: Q.
A.

Special Agent, the defense counsel asked you if the statement was videotaped. Did you ask the accused to sign a statement? Yes. And what did he say? He told me that he was not willing to put what we had discussed into a written statement and then that's when he asked for a right - - t o exercise his right to have legal representation.

Q. A.

298

Q.
A.

Do you recall his demeanor during that time? He was concerned that he was going to get into trouble. Objection, speculation. Sustained.

DC: MJ:

Questions by the prosecution continued: Q.
MJ:

Special Agent, just comment on his particular demeanor, if you can remember, at that point. Captain Ellis, I just sustained the objection. different question. Ask a

TC:

Yes, sir.

Questions by the prosecution continued:

Q.

A.

Defense counsel asked you if it was possible that she came into the room without him knowing. From talking to Sergeant Ehlers, is it possible that he didn't see her when she came in the room? He told me that he knew she was standing there and he continued to masturbate himself. The defense counsel also asked you if he may have been trying to get her out of the room. Did he indicate whether he stopped when he struck the victim? He told me that he did not stop, he did not shut down the computer, cover himself, that he continued, he tried to do two things at once, move her from the room and continue to masturbate. Thank you. Lieutenant Melowcowsky?

Yes, sir.
RECROSS-EXAMINATION Questions by the defense: Q. Special Agent Meulenberg, given those same facts, isn't it reasonable to think that Sergeant Ehlers' first reaction was to get the child out of the room?

299

TC: MJ: TC: MJ:

Objection. Basis? . Calls for speculation. Sustained. Ask a different question, please, Lieutenant Melowcowsky.

DC:

Yes, sir.

Questions by the defense continued: Q.
A.

He still said that he was trying to get the child out of the room, correct? Yes. Thank you. Nothing further.

DC:

MJ:
TC:

Captain Ellis, additional questions for this witness?
No, sir.

MJ: TC: MJ:
TC:

Warning or recall? Recall, sir, please. Captain Ellis, if you would retrieve Prosecution Exhibit 1 from the witness stand. Yes, sir. Thank you.

MJ:

The trial counsel complied. The witness was warned, excused subject to recall, and withdrew from the courtroom. MJ: TC: Additional evidence from the government? Sir, would the court like to take a health and comfort break at this time?

300