May 5, 1997
THE COURT: Next witness, please.
MR. HARTZLER: Government calls Jennifer McVeigh.
Ms. Wilkinson will question her.
THE COURT: Thank you.
THE COURTROOM DEPUTY: Would you raise your right hand, please.
(Jennifer McVeigh affirmed.)
THE COURTROOM DEPUTY: Would you have a seat, please. Would you state your full name for the record and spell your last name.
THE WITNESS: Jennifer Lynn McVeigh, M-C-V-E-I-G-H.
THE COURT: Thank you. Ms. Wilkinson.
MS. WILKINSON: Thank you, your Honor.
DIRECT EXAMINATION BY MS. WILKINSON:
Q. Good afternoon, Ms. McVeigh. How are you doing?
A. Pretty good.
Q. Okay. Why don't you start by telling us how old you are.
A. I'm 23.
Q. And where do you live?
A. Lockport, New York.
Q. And where -- or what city is near Lockport, New York?
A. Buffalo.
Q. And have you lived in Lockport your whole life?
A. Yes.
Q. And whom do you live with?
A. I live with my father.
Q. Is anyone else there with you right now?
A. No.
Q. And has your father lived in that house virtually your whole life?
A. We lived in one other house when I was younger.
Q. Where was that located?
A. Meyer Road, same town.
Q. Okay. Now, what are you currently doing for your occupation?
A. Right now, I work at a bar on the weekends and I go to school during the week.
Q. Where do you go to school?
A. Buffalo State College.
Q. And how long have you attended Buffalo State College?
A. It will be one year.
Q. Can you tell us what you're studying?
A. Elementary education.
Q. Now, can you tell the jury your relationship with the defendant, Timothy McVeigh?
A. He is my brother.
Q. And do you have any other siblings other than Mr. McVeigh?
A. Yes. I have an older sister, Patty.
Q. And what is the age difference between you and your brother?
A. Six years.
Q. Did you ever attend the same school?
A. We did, but not at the same time.
Q. What school was that?
A. Star Point Central School.
Q. Is it a high school?
A. It goes from -- all the way from elementary to high school.
Q. Did you graduate from Star Point?
A. Yes.
Q. Did your brother graduate from Star Point?
A. Yes.
Q. Can you tell us a little bit about how you grew up in your family? Do you want me --
A. Yeah, could you --
Q. Ask you something more specific?
A. Yes.
Q. Sure. Did all three of your siblings live with your mom and dad the entire time you were growing up?
A. No. Around fourth grade, my parents divorced.
Q. When you were in fourth grade?
A. When I was in fourth grade.
Q. How old were you then?
A. About 10.
Q. How old was your brother at that time?
A. I'd say about 16.
Q. And what happened after the divorce? Where did you live?
A. I moved to Lockport with my mother and my sister, and my brother stayed with my father in Pendleton.
Q. Now, tell us the difference between Pendleton and Lockport.
A. Pendleton is just like a small suburb of Lockport. It's a more rural area, more countryish.
Q. How long did you and your sister and your mother live in Lockport?
A. My sister moved out when I was probably in elementary school, and I was there up until after ninth grade.
Q. Where did you go after ninth grade?
A. My mother and I moved to Florida.
Q. How long did you live with your mother in Florida?
A. Up until, I'd say, the middle of my eleventh-grade year.
Q. Where did you go after that?
A. Moved back to Pendleton -- I moved back by myself to Pendleton with my father to attend school here.
Q. Where was your brother at the time that you were living with your father?
A. He was in the Army.
Q. And did you complete high school while you were living with your father in Pendleton?
A. Yes.
Q. And that's when you graduated from Star Point?
A. Yes.
Q. What year was that?
A. 1992.
Q. Now, in 1992, when you graduated, was your brother at home at any time during that year?
A. Not that I can remember.
Q. Okay. Do you recall what years he was in the Army?
A. Not exactly.
Q. Do you recall whether he was in the Army during the Persian Gulf War?
A. Yes, he was.
Q. In 1991?
A. Yes.
Q. Now, after you graduated from high school, did you correspond with your brother?
A. Yes, I did.
Q. How did you correspond with him?
A. Usually by letter.
Q. And did he write you while he was in the Army?
A. Yes, he did.
Q. Did he write you after he left the Army?
A. Yes.
Q. Did you write him?
A. Yes.
Q. Did you also keep in contact with him by phone?
A. Yes, I did.
Q. How often do you think that your brother wrote you after you graduated from high school?
A. Could you --
Q. Do you think he wrote you once a month, once every couple weeks?
A. I'd say maybe closer to once a month.
Q. And did you read all of those letters that he wrote you?
A. Yes, I did.
Q. And did he correspond with you up until April of 1995?
A. Yes, he did.
Q. And by reading and reviewing those letters, did you become familiar with his handwriting?
A. Yes, I did.
Q. Did you also see his handwriting when you were growing up at home by reviewing notes that he wrote to you and your family members?
A. Yes. We used to have notes on the kitchen table.
Q. Can you tell the jury what are the distinctive factors about your brother's handwriting?
A. He writes -- he usually prints from what I've seen, and he prints with a backwards slant, kind of opposite what normal people do, this way. He has a backwards slant.
Q. And what size are the letters?
A. He wrote kind of small.
Q. Do you have any difficulty in recognizing the hand printing that he does?
A. No.
MS. WILKINSON: Your Honor, at this time I'm going to show Ms. McVeigh a series of exhibits. Some are in evidence, some are not; and I'd like to offer those that are not, subject to connection, so Ms. McVeigh does not have to return to the stand.
THE COURT: Any objection to that procedure?
MR. NIGH: It's going to depend on each of the exhibits, your Honor. The ones that I've seen cover a broad range of time periods and topics.
THE COURT: All right.
MS. WILKINSON: That's no problem, your Honor. I'll announce before which one is in evidence.
THE COURT: Thank you.
BY MS. WILKINSON:
Q. Okay. Ms. McVeigh, I'm going to show you on the screen Government's Exhibit No. 3, and I'd also like to hand up the originals to you.
MS. WILKINSON: Could I approach, your Honor?
THE COURT: Yes.
THE WITNESS: Thank you.
BY MS. WILKINSON:
Q. Now, this isn't -- has not been moved into evidence, Government's Exhibit 3; but have you reviewed this prior to coming to court today?
A. Yes, I have.
Q. And did you identify the handwriting in this document?
A. Yes, I did.
MR. NIGH: I'm going to object, your Honor, until I have an opportunity to voir dire Ms. McVeigh about this particular document.
THE COURT: Well, Ms. Wilkinson just asked if she can recognize the handwriting, as I understand it.
MR. NIGH: My voir dire would go to that question, your Honor.
THE COURT: Well, it isn't appropriate to voir dire on that question.
MR. NIGH: Thank you, your Honor.
THE COURT: The question is can you recognize the handwriting on this document.
THE WITNESS: Yes.
BY MS. WILKINSON:
Q. And can you tell the Judge just briefly what this document is?
A. It's a letter to Steve.
Q. Who is Steve?
A. A friend of Tim's.
Q. Do you know his last name?
A. Hodge.
Q. And do you know how friendly Steve Hodge and your brother were while they were growing up?
A. When they were younger, they were real good friends.
Q. How close did Steve Hodge live to you and your brother?
A. He lived kitty-corner, across the street.
Q. And how often do you think your brother and Steve Hodge saw each other on a weekly basis during high school?
A. During high school? Honestly, I wasn't around Tim much in high school, but I know when they were younger.
Q. I'm sorry. I didn't hear you.
A. I wasn't around Tim much in high school, but when they were younger.
Q. You saw them together frequently?
A. When they were younger, yes.
MS. WILKINSON: Your Honor, we'd offer Government's Exhibit 3, subject to connection.
THE COURT: Well, I don't think that's appropriate here.
MS. WILKINSON: Could I just have her identify the handwriting, then we'll introduce it later?
THE COURT: Yes, ma'am. No need to offer it, though.
BY MS. WILKINSON:
Q. Ms. McVeigh, do you recognize the handwriting in Government's Exhibit 3?
A. Yes.
Q. Whose handwriting is that?
A. Tim's.
Q. Now, if you could go to the next document -- well, to the next page of the same document, Government's Exhibit 3. See that, the second page in there? You can pull it out of the plastic sheet. Did you also view that second page before you came to court today?
A. Today, you mean?
Q. Yes.
A. Yes.
Q. Whose handwriting is that?
A. Tim's, also.
Q. And do you see an envelope there attached to that letter?
A. Yes.
Q. Have you determined whose handwriting that is on the front of Government's Exhibit 3, the envelope?
A. That's also Tim's.
Q. Now, could you turn to Government's Exhibit No. 4, which should be the next letter.
MS. WILKINSON: Your Honor, could I ask that these documents just be displayed on the attorney's screen so the defense knows what we're talking about?
THE COURT: Yes.
MS. WILKINSON: Thank you.
BY MS. WILKINSON:
Q. Ms. McVeigh, do you see Government's Exhibit No. 4?
A. Yes.
Q. Have you reviewed that prior to coming to court today?
A. Yes.
Q. And is that also a letter to Steve?
A. Yes.
Q. Do you recognize the handwriting in that letter?
A. Yes.
Q. And have you reviewed all the pages, page 2 -- if you could take that out and take a look at it -- page 3. Have you reviewed that?
A. Yes.
Q. Do you recognize the handwriting on all three pages?
A. Yes.
Q. Whose handwriting is that?
A. It's Tim's.
Q. Do you see the envelope there attached to the Government's Exhibit 4?
A. Yes.
Q. And can you recognize the handwriting on that envelope?
A. It's also Tim's.
Q. Are you talking about the printing that is for the addressee there right in the middle of the envelope?
A. Yes.
Q. Now, could you turn to Government's Exhibit No. 5. Did you review that letter before you came to court today?
A. Yes, I did.
Q. It has quite a few pages, doesn't it?
A. Yes, it does.
Q. Did you review all of those pages?
A. Yes.
Q. And did you recognize all the handwriting on the pages and the handwritten notes on the attachments?
A. Yes, I did.
Q. And whose handwriting was that?
A. It's Tim's.
Q. Now, I'm going to show you on your screen -- and you can also look at the original -- Government's Exhibit 14B, which has previously been admitted into evidence.
MS. WILKINSON: If we could publish that to the jury, your Honor?
THE COURT: All right.
BY MS. WILKINSON:
Q. Do you see that?
A. Yes.
Q. Paulsen's Military Supply card?
A. Yes.
Q. Now, could you turn over that card?
THE COURTROOM DEPUTY: Your Honor, I don't have 14B as an admitted exhibit.
THE COURT: Well, the clerk says it isn't admitted, but I remember it being admitted.
MS. WILKINSON: This is just another copy of 418, your Honor. I'll move 418B into evidence.
THE COURT: You said 14B. I think --
MS. WILKINSON: I apologize. I meant 418B.
THE COURTROOM DEPUTY: Okay.
THE COURT: Yes. 418 is the correct designation.
MS. WILKINSON: Could I go back to the front, your Honor, just because it wasn't displayed to the jury?
THE COURT: Yes.
BY MS. WILKINSON:
Q. Ms. McVeigh, I'm going to go back to the front of the exhibit. This is the card we've been talking about, Paulsen's Military -- is that correct?
A. Yes.
Q. Now, turning it over to the back. Do you see the card there?
A. Yes.
Q. Can you take your -- have you reviewed this card before you came to court today?
A. Yes, I did.
Q. Have you identified some of the handwriting on this card?
A. Yes, I did.
Q. Can you take your pen up there and circle for the jury the handwriting that you recognize? Start at the top, please. And could you read that into the record?
A. It says, "TNT," then it has a little A with a circle, "5/stick, needs more," underlined.
Q. Okay. And whose handwriting is that?
A. Tim's.
Q. And is there any other handwriting on this card that you recognize?
A. Yes. At the bottom.
Q. Could you circle that, please. Would you read that into the record.
A. It says, "Call after 1st of May. See if I can get some more."
Q. And whose handwriting is that?
A. That's also Tim's.
Q. Could your erase your markings there. Can you find Government's Exhibit 447 --
A. Yes, I have it.
Q. -- in front of you. And this has been previously entered into evidence, if I can get it to come up here. There we go. Did you review that document prior to coming to court today?
A. Yes, I did.
Q. And do you recognize the handwriting on that?
A. Yes.
Q. Can you see that on your screen clearly as well as on the original?
A. I can see it on the screen, but it's better on the original.
Q. Okay. Can you circle for the jury with a pen the handwriting that you recognize, or do you recognize all the handwriting on there?
A. Actually, all the handwriting.
Q. Okay. Can you read that into the record, please.
A. It says, "Not abandoned," underline. "Please do not tow. Will move by April 23," and in parenthesis, "(needs battery and cable)."
Q. Whose handwriting is that on Government's Exhibit 447?
A. It's Tim's handwriting.
Q. Please take a look at Government's Exhibit 451, which has also been entered into evidence. Do you recognize the handwriting on that document?
A. Yes.
Q. Do you also recognize that quote?
A. Yes, I do.
Q. Have you seen it before?
A. Yes, I have.
Q. Where have you seen it?
A. Tim has sent me some political literature that had this quote handwritten on it.
Q. And is this Tim's handwriting here on Government's Exhibit 451?
A. Yes, it is.
Q. Could you go to Government's Exhibit 454, please. Did you review that before you came to court today?
A. Yes, I did.
Q. And do you recognize some of the hand printing on Government's Exhibit 454?
A. Yes.
Q. Could you take your pen and circle for the jury those marks that you recognize. Please read that into the record.
A. "Maybe now," comma, "there will be liberty."
Q. Whose handwriting is that?
A. That's also Tim's.
Q. Turn to your next document, which is Government's Exhibit 456, also previously admitted into evidence. Could you clear your screen for me. Do you see that document in front of you and on your screen?
A. Yes.
Q. And do you recognize some of the handwriting on this document?
A. Yes.
Q. Which portion of the document do you recognize the handwriting?
A. The same quote.
Q. The John Locke quote there in the middle of the document?
A. Yes.
Q. And is that all Timothy McVeigh's handwriting?
A. Yes, it is.
Q. Do you have Government's Exhibit 461 in front of you?
A. Yes.
Q. Have you seen that before?
A. Yes.
Q. Where have you seen that?
A. Tim sent this to me, a page like this. And I've also seen it on other documents I've been shown. Same quote.
Q. All right. And it's that same quote that you've identified earlier?
A. Yes.
Q. Is that also Tim's handwriting?
A. Yes, it is.
Q. Let's move on to Government's Exhibit 462. This has previously been admitted into evidence, and it's a copy of the Declaration of Independence. Do you recognize that?
A. Yes, I do.
Q. Let's turn it over to 462 to the back side. Do you see that handwriting? Let me try and bring it up a little bit. Can you see it better now?
A. Yes.
Q. Do you recognize that handwriting?
A. Yes, I do.
Q. Could you read it into the record, please.
A. "Obey the Constitution of the United States and we won't shoot you."
Q. Who wrote that, Ms. McVeigh?
A. It's Tim handwriting.
Q. Could you please pick up Government's Exhibit 464, which has also previously been entered into evidence.
MS. WILKINSON: I'm sorry, your Honor. 464 has not been in evidence. It's a similar document, but this version has not.
You know what, your Honor, I can just skip that one.
We don't need that one. We'll move on.
THE COURT: All right.
BY MS. WILKINSON:
Q. Can you turn to Government's Exhibit 21? Do you have that? Or have you run out of exhibits up there?
A. I've run out.
MS. WILKINSON: Let me hand up some more.
BY MS. WILKINSON:
Q. Now, those are in numerical order for you, Ms. McVeigh, so I'll call out the number and if you could just pull it out, lowest number at the top. Look for Government's Exhibit 21. It might help if you pull them all out of that envelope and you'll be able to see the exhibit stickers a little bit easier.
A. Okay. I have it.
MS. WILKINSON: Your Honor, may I publish this to the jury?
THE COURTROOM DEPUTY: It's admitted.
THE COURT: 21 is admitted, yeah.
MS. WILKINSON: Thank you.
BY MS. WILKINSON:
Q. Ms. McVeigh, did you review this document before you came to court today?
A. Yes, I did.
Q. Let me see if I can again bring up a closer version. Can you see the handwriting there?
A. Yes.
Q. Did you identify that handwriting?
A. Yes, I did.
Q. What does it say? Can you read it?
MR. NIGH: Your Honor, I'm going to interpose an objection to identification and reference of this series of exhibits under 402 and 403.
THE COURT: Overruled.
You may answer.
BY MS. WILKINSON:
Q. Why don't you start -- instead of reading it, why don't you circle with your pen again the portion that you recognize. Okay. Now, can you read that into the record, please.
A. It says, "Homemade C-4 --" I can't read the next word, and it says " -- book."
Q. Whose handwriting is that, Ms. McVeigh?
A. It's Tim's.
Q. Can you erase your markings there on the screen, please. The next exhibit is Government's Exhibit 23, which has previously been admitted into evidence. It's a money order. Do you see that?
A. Yes.
Q. Can you recognize the handwriting on this document?
A. Yes.
Q. Can you circle those portions which you recognize. Starting on the left side, could you read to the jury the portions that you recognize.
A. It says, something "Press, P.O. Box 1307, Boulder, Colorado, 80306." I don't know what the bottom word is. "Tim McVeigh, 42 --" some number "-- 5 Miller Road, No. 146, Flint, MI, 48507."
Q. Whose handwriting is that?
A. That's Tim's, also.
Q. Now go on to Government's Exhibit 24. It has been previously admitted into evidence. Do you recognize that?
A. Yes.
Q. Do you recognize a portion of it?
A. Yes.
Q. Tell me which portion of the document you recognize.
A. Tell you?
Q. Tell me first, and then I'll enhance it for you so we can get a close-up.
A. The signature. It's kind of a scrawl.
Q. Let me see if I can get that. Is that it? Let me try one more time. Can you circle for the jury what you -- the handwriting that you recognize.
A. All of it, or just the signature?
Q. All of it -- whichever you recognize. Okay. Let's start there with the top line you recognize, the customer's signature. Whose signature is that?
A. That's Tim's signature.
Q. Now, do you consider that hand printing, or cursive, or a combination of both, or just his unique signature?
A. That's just his signature, yeah.
Q. Because you told us normally he doesn't use cursive writing, or you're not familiar with this cursive writing. Is that true?
A. Yeah.
Q. But you are familiar with this signature?
A. Yes.
MR. NIGH: I'm going to object as leading.
THE COURT: Overruled.
BY MS. WILKINSON:
Q. Go ahead and read the rest that you recognize, please.
A. Okay. "Timothy J. McVeigh, 6592 Dysinger," D-Y-S-I-N-G-E-R, "Road, No. 17, Lockport, New York, 14094, N/A, friend."
Q. Now, I -- I'm going to ask you to look at Government's Exhibit 26B, which has not been introduced into evidence. Do you find that there up on your series of exhibits?
A. Yes.
Q. All right. That's also another long letter, isn't it?
A. Yes.
Q. Who is the letter addressed to?
A. Gwenn.
Q. Did you review that letter to Gwenn before you came to court today?
A. Yes, I did.
Q. Did you review all the pages?
A. Yes.
Q. And the attachments?
A. Yes.
Q. And did you recognize -- and the envelope? Excuse me. Did you also review the envelope?
A. Yes.
Q. And did you recognize all the handwriting on the -- in the letter, on the attachments and on the envelope?
A. Yes.
Q. Whose handwriting is that on the letter to Gwenn?
A. Tim's.
Q. Now, the next exhibit I want you to take a look at is 195.
MS. WILKINSON: Your Honor, this has not been admitted into evidence.
BY MS. WILKINSON:
Q. Do you recognize some of the handwriting on this document, Ms. McVeigh?
A. Yes, I do.
Q. Do you recognize all the handwriting?
A. Yes.
Q. And whose handwriting is it on the front of Government's Exhibit 195?
A. Tim's.
Q. Now, could you move on to Government's Exhibit 211.
MS. WILKINSON: I believe this was moved into evidence this morning, your Honor.
No, I'm sorry, your Honor. I'm wrong. This is also not in evidence.
BY MS. WILKINSON:
Q. Ms. McVeigh, did you examine this document? Do you see it? Government's Exhibit 211?
A. Yes.
Q. Do you recognize the handwriting on that?
A. Some of it.
Q. Okay. On which side of the document do you recognize the handwriting?
A. On the left side.
Q. And there is also handwriting going down the right side. Is that correct?
A. Yes.
Q. And you don't recognize that handwriting. Am I right?
A. That, or the number at the bottom, where it says, "Amount paid."
Q. Just referring to the handwriting on the left that starts with "name" and "street," can you tell us whose handwriting that is?
A. That's Tim's.
Q. Next, pick up Government's Exhibit 226, please. That's also not in evidence, so don't describe the document in detail, Ms. McVeigh. Do you see Government's Exhibit 226?
A. Yes.
Q. Do you recognize some of the handwriting on that document?
A. Yes.
Q. Which portion of the document contains handwriting that you recognize?
A. The top.
Q. Okay. Would it be everything above the statement that says, "Please pay in advance"?
A. Yes.
Q. And whose handwriting is that at the top half of this document?
A. Tim's.
Q. Please turn to Government's Exhibit 227, also not in evidence yet. Do you recognize the handwriting on this document?
A. Yes.
Q. All of it?
A. No.
Q. Okay. Describe for us what portion of the document contains handwriting which you recognize.
A. The top left.
Q. Okay. Again, where it says name and address, those items?
A. Yes.
Q. And whose handwriting is that on those -- that portion of the left side of the document?
A. That's also Tim's.
Q. Now, if we could move on to Government's Exhibit 260, which is also not yet entered into evidence. See 260? All right. Take a look at that for a moment. Now, there is handwriting on the left side of that document and on the right side of that document. Do you recognize all the handwriting, or only certain handwriting?
A. Only the writing on the left.
Q. Okay. That starts with "first name"?
A. Yes.
Q. Whose handwriting is that on the left side of the document?
A. That's Tim's.
Q. Please pick up Government's Exhibit 294 and take a look at that.
MS. WILKINSON: Again, this isn't in evidence, your Honor.
BY MS. WILKINSON:
Q. See that?
A. Uh-huh.
Q. Okay. Now, tell us if you can recognize all the handwriting on that document.
A. Only the top again.
Q. Okay. Again, the portion that says "name" and "city," going on down to that dark heavy line. Is that right?
A. Yes.
Q. Referring to the top portion of Government's Exhibit 294, whose handwriting is that?
A. Tim's.
Q. Now, see if you can find Government's Exhibit 423. This isn't in evidence yet. And I'm going to direct your attention to the signature. Do you see that there?
A. Yes.
Q. Down at the bottom?
A. Yes.
Q. Do you recognize that signature?
A. It looks like Tim's.
Q. And does it -- what type of signature is it? Is it like the one that you described for us earlier?
A. Yeah. It's his original signature.
Q. Now, find Government's Exhibit 482, would you, please.
A. I have it.
Q. Have you reviewed Government's Exhibit 482 before you came to court today?
A. Yes, I have.
Q. Okay. Now, again, this isn't in evidence; but can you tell us if you recognize the handwriting on this document?
A. Yes.
Q. Do you recognize --
A. It's Tim.
Q. It's Tim's? Is the handwriting on both sides his handwriting, meaning on the right side and the left side of the document?
A. Yes.
Q. If you could find Government's Exhibit 492 and also examine that, please. It's not in evidence, so don't refer to what the actual document is.
A. Okay.
Q. But tell me if you recognize the handwriting on that document.
A. Yes, I do.
Q. And is all the handwriting, both that on the right and on the left, handwriting you recognize?
A. Yes.
Q. Whose handwriting is it?
A. Tim's.
Q. Now, look at 494. See that envelope?
A. Yes.
Q. Also not in evidence yet. Let me focus -- whoops. Let's see if I can get it. See that handwriting in the upper left-hand corner?
A. Yes.
Q. Do you recognize that handwriting?
A. Yes.
Q. Whose handwriting is that on the upper left-hand corner of Government's Exhibit 494?
A. That's Tim's handwriting.
Q. Now, I'd like to direct your attention to Government's Exhibit 1283. Do you see that check?
A. Yes.
Q. Turn it over to the back, please. And do you recognize any of the handwriting on this document?
A. The signature at the top looks like Tim's.
Q. There is another check marked Government's Exhibit 1284. Do you see that?
A. Yes.
Q. Turn that over on the back, also, please. Do you recognize the signature on that check?
A. Yes.
Q. Whose signature is it?
A. Tim's.
Q. And the next exhibit is the next one -- next in numerical order, 1285?
MR. NIGH: Your Honor, I'm sorry. Can we go back to 1284 for a moment? There appear to be two signatures on the back of that check.
THE COURT: Yes. Let's go back.
MS. WILKINSON: Okay.
BY MS. WILKINSON:
Q. Ms. McVeigh, do you see 1284 on the screen? I'm going to try and enlarge it there. Do you see it?
A. Yes.
Q. There is one signature at the top. Do you see that?
A. Yes.
Q. Whose signature is that?
A. The one at the top is Tim's.
Q. Then the next words there -- do you recognize those?
A. Yes.
Q. Who do you believe wrote those three words there?
A. Tim.
Q. And then the next signature after that: Do you recognize that signature?
A. No.
MS. WILKINSON: Is that clear, your Honor?
MR. NIGH: Thank you, your Honor.
THE COURT: Yes. All right.
BY MS. WILKINSON:
Q. Now let's go back to 1285. Hold on. I'll clear the screen for you. Do you see that?
A. Yes.
Q. That's a check that's not yet been moved into evidence. Do you recognize any of the handwriting on that?
A. Some of it.
Q. What portion of the handwriting do you recognize?
A. Read the parts, or --
Q. Just tell me where it is and then I'll put it up on the screen so the defense and everyone can see it.
A. The date, "pay to the order of."
Q. What about the signature?
A. And the signature.
Q. Okay. Do you see Government's Exhibit 1286 up there?
A. Yes.
Q. And do you recognize the signature on this document, this receipt?
A. That looks like Tim's.
Q. Now, 1286 also contains several writings. Do you see those, log sheet type of things?
A. Yes.
Q. Do you recognize some of the handwriting on those?
A. It all looks like Tim's.
Q. All of it on the whole front of the document?
A. Yes.
Q. Okay.
A. Except for that little scribble.
Q. Okay. And the signature there, see, going down the middle of the document:Does that look like his signature?
A. Yes.
Q. Now please go on to Government's Exhibit 249. Do you see that check, which is also not yet in evidence? Find it?
A. I'm still looking.
MS. WILKINSON: I'm sorry. It is in evidence, your Honor, if I could publish it for the jury.
THE COURT: 249, this is?
MS. WILKINSON: Yes.
THE COURT: All right. Yes.
MS. WILKINSON: Check to Mr. McVeigh.
THE WITNESS: Here it is.
BY MS. WILKINSON:
Q. See that?
A. Yes.
Q. See the front? Turn it over to the back, please. Do you see the signature there and the "for deposit only"?
A. Yes.
Q. Do you recognize that?
A. That looks like Tim's.
Q. His handwriting?
A. Yes.
Q. Could you circle that on the exhibit, or on the computer, please.
MS. WILKINSON: Your Honor, so we have a record of this, could we ask that it be printed?
THE COURT: Yes.
MS. WILKINSON: Thank you.
BY MS. WILKINSON:
Q. Ms. McVeigh, please look for Government's Exhibit 1287, which is not yet in evidence. Did you see that document before you came to court today?
A. Yes, I did.
Q. Do you recognize -- let me enhance it for you -- some of the handwriting on this document?
A. Yes.
Q. What do you recognize?
A. Everything except the signature.
Q. And why can't you recognize the signature?
A. I've never seen Tim write in cursive.
Q. Could you circle those portions that you recognize?
MS. WILKINSON: Your Honor, could we print that, and we'll mark it as 1287A for identification purposes?
THE COURT: All right.
THE COURTROOM DEPUTY: Can you hold just one minute?
MS. WILKINSON: Sure.
THE COURTROOM DEPUTY: That's fine.
BY MS. WILKINSON:
Q. Ms. McVeigh, we only have three more documents for you to look at.
A. That's good.
Q. See if you can find Government's Exhibit 27.
A. I have it.
Q. Do you see it?
A. Uh-huh.
Q. It's not in evidence yet, but do you recognize the handwriting there in the middle of the document?
A. Yes.
Q. Whose handwriting is that?
A. It's Tim's.
Q. And do you recognize that quotation?
A. Yes. It's the same John Locke quote.
Q. Now, turn to Government's Exhibit 169, please. Did you review this document before you came to court today?
A. Yes, I did.
Q. Have you identified some of the handwriting?
A. Yes.
Q. Do you recognize all of the handwriting on the front of this document?
A. Yes.
Q. Whose handwriting is it?
A. It's Tim's.
Q. And finally, if you could look at Government's Exhibit 170, which is not yet in evidence. Do you recognize any of the handwriting on that document?
A. The signature looks like Tim's.
Q. Let me see if I can enhance it for you here on the screen. Is that it there down at the bottom left-hand corner?
A. Yes.
Q. Could you circle that on your screen, please.
MS. WILKINSON: Your Honor, could we have that printed and marked as 170A for identification?
THE COURT: All right.
BY MS. WILKINSON:
Q. Okay. You can put down the exhibits for a while, go back to some of the questions. You told us that your brother wrote to you while he was in the Army and after he left the Army; is that right?
A. That's right.
Q. Did he live at home for a while after he was out of the Army?
A. Yeah, he did.
Q. And did there come a time when he moved out of your home and moved into an apartment in the nearby area?
A. Yes.
Q. Did he continue to write you notes during that time?
A. Not while he lived in the apartment.
Q. Once -- did there come a time when he left the New York area altogether?
A. Yes.
Q. Do you know where he went?
A. No, I don't.
Q. Did he tell you where he was going?
A. No.
Q. Did he tell you what he was doing?
A. No.
Q. Did he give you an address where you could contact him?
A. Yes. He gave me two addresses.
Q. What addresses did he give you?
A. A P.O. box in Arizona, and one was Stockton Hill Road.
Q. Did he ever give you an address in Michigan?
A. I don't think so.
Q. And were you able to send him letters at those addresses?
A. Yes.
Q. Did he also call you when he was out at those addresses and in other locations outside of the Buffalo area?
A. Occasionally.
Q. Now, when he sent you letters after he left New York, was that in approximately 1992? Do you recall?
A. Could you ask that again?
Q. Do you recall when he left the New York area and went on the road and gave you these other addresses?
A. Not exactly.
Q. Was he gone from the New York area in 1993?
A. Yes, I think he was.
Q. Did he come home for short visits during that time period?
A. Yes.
Q. When he was away and he was sending you letters, did he send you anything else with those letters?
A. He would send political literature.
Q. What type of political literature?
A. Things from various magazines, like underground magazines, things -- not common magazines.
Q. And generally, what were the topics of the articles and the political literature that he sent you -- just generally?
A. Gun control, Ruby Ridge, Waco, constitutional things.
Q. Did he ever make any markings on those documents that he sent you with the letters?
A. Yes. He would highlight.
Q. And how would he highlight the documents?
A. I'm -- what do you mean "how"?
Q. Well, would he highlight the entire document? Would he highlight portions of it?
A. Some things, he highlighted a lot. I think he highlighted what he thought was important.
Q. And did he ever discuss with you during your telephone calls or his visits that literature that he had been sending you?
A. Yeah.
Q. Did he inquire whether you had been reading the literature?
A. Yes.
Q. And did he ever discuss with you books that he had been reading or books he wanted you to read?
A. Yes.
Q. What books did he discuss with you?
A. He discussed The Turner Diaries.
Q. Do you see Government's Exhibit No. 1 up there, a copy of The Turner Diaries?
A. Yes.
Q. That's been admitted into evidence, so you can hold it up. Is that the book that you're referring to?
A. Yes.
Q. And tell us what you and your brother discussed about The Turner Diaries.
A. In a letter, he had told me to -- I think he had sent me the book, and he told me to read the back cover first; and he kind of put a little quote, "and he saw," which I believe is how the back cover started.
Q. Did you read the book?
A. Yes, I did.
Q. In its entirety?
A. Yes.
Q. And did there ever come a time when you actually talked to your brother face to face about the book? Did you ever discuss the contents of the book?
A. I don't think so.
Q. Now, when your brother was away, did he tell you how he made a living?
A. No.
Q. You don't have any idea how he earned money to take care of himself?
A. I think he worked -- he worked gun shows. I know he worked gun shows, and at one time I know he was employed -- something stocking things or --
Q. Now, when he was out on the road, did he ever tell you about any of his friends or persons that he kept in contact with?
A. He mentioned Mike, Lori, Terry.
Q. At that time, did you know their last names?
A. No.
Q. Did you later come to learn their last names?
A. Yes.
Q. And who are Mike and Lori?
A. Mike Fortier. I don't know if that's how you pronounce it. Lori Fortier.
MR. NIGH: I'm going to object unless it can be established how she came to learn this.
MS. WILKINSON: We are going to introduce a letter, your Honor, that has the last names.
THE COURT: Well, I think it ought to be clear, though, what she's testifying from, her recollection, or conversation, or what and when.
MS. WILKINSON: Sure.
BY MS. WILKINSON:
Q. Did there come a time when you received a letter from your brother about contacting Michael and Lori Fortier?
A. Yes.
Q. And in that letter, did he tell you their last names?
A. Yes.
Q. Now, you were never informed of Terry's last name; is that correct?
A. I don't think so.
Q. Did he ever mention to you the phrase "network of friends"?
A. Yes.
Q. When did he tell you about network of friends?
A. I believe it was in a letter.
Q. And in what context was he telling you about his network of friends?
A. I think he meant he had people he knew around the country who he could rely on.
Q. And did he mention the people you just named: Terry, Lori, and Mike?
A. Yes.
Q. Did there come a time when your brother was corresponding to you when he wrote to you about the events at Waco? Did you ever receive any letters from him about Waco?
A. I know I received political literature.
Q. Do you recall whether you received any handwritten letters from him about Waco?
A. Not really.
Q. Okay. Did you ever have any conversations with him about Waco?
A. Yes.
Q. Okay. I want to turn your attention to the fall of 1994. Did your grandfather pass away sometime during the fall of 1994?
A. Yes.
Q. And do you recall the date?
A. October 16.
Q. And was your brother home in New York at that time?
A. No, he wasn't.
Q. Did you or your father attempt to contact him?
A. My father tried to get a hold of him, but he couldn't reach him.
Q. And did there come a time when your brother returned home after your grandfather's funeral?
A. Yes.
Q. And when was that?
A. I'd say early November, '94.
Q. And do you recall how long he stayed home?
A. About a month.
Q. And during that time, did you have a series of conversations with him?
A. Yes.
Q. And during those conversations, did you discuss his views on Waco?
A. Yes.
Q. Did you discuss his views on other political events?
A. Yes.
Q. Tell the jury about a time when you watched a videotape of Waco with your brother. Where were you?
A. We watched in our living room at my father's house.
Q. And do you recall what time of day it was?
A. No, I don't.
Q. Who was there?
A. Just Tim and I.
Q. And what did the video depict?
A. It was called "Day 51." It was about -- it depicted the government raiding the compound, and it implied that the government gassed and burned the people inside intentionally and attacked the people.
Q. After you watched the videotape, did you have a conversation with him about Waco and what the videotape depicted?
A. I think while we were watching it, yes.
Q. And were you also familiar with your brother's views based on the documents that he had sent you?
A. Yes.
Q. Based on those conversations and the documents, what did you understand your brother to believe about the -- what occurred at Waco?
A. He was very angry. I think he thought the government murdered the people there, basically gassed and burned them.
Q. And did he tell you who he thought was responsible for that? Which agency?
A. ATF, FBI, whoever was involved in it, the ones involved in it.
Q. Did he tell you what he thought should have happened to those agents that he believed were responsible?
A. I think he felt that someone should be held accountable.
Q. And did he believe that the government would hold those agents accountable?
A. No.
Q. Did he tell you whether he believed that it was justified for citizens to hold those agents accountable?
MR. NIGH: I'm going to object as to the leading.
THE COURT: Sustained.
MS. WILKINSON: I'll rephrase it.
BY MS. WILKINSON:
Q. What did he tell you about who could hold those agents accountable?
MR. NIGH: I'm going to object as assuming that he told her anything about it, your Honor.
THE COURT: Overruled.
THE WITNESS: I'd say based on the literature -- I don't know that he told me, but based --
THE COURT: Well, the question is what did he tell you.
THE WITNESS: Okay. I can't be sure.
BY MS. WILKINSON:
Q. Now, during this same November time period, November-December time period when your brother was home, did he use your word processor?
A. Yes, he did.
Q. What type of word processor do you have?
A. It's a Brother word processor.
Q. And how do you know that he used it?
A. I was there when he was typing a letter to the American Legion on it.
Q. Did you see the letter that he drafted?
A. Yes.
Q. Did you read it while he was writing it, or after he completed it?
A. Yes.
Q. And do you know whether he sent it to the American Legion?
A. Yeah. He did, I think.
Q. Let me turn your attention -- if you can find Government's Exhibit No. 8.
MS. WILKINSON: Your Honor, I just need a moment to find it on the computer.
THE COURT: All right.
MS. WILKINSON: Excuse me for a moment, your Honor. Your Honor, could I retrieve the original? We don't have it in the computer, and I could show it on the ELMO. Excuse me.
THE COURT: All right.
MS. WILKINSON: I don't know how it worked, your Honor, but it's on the screen now, Government's Exhibit No. 8.
BY MS. WILKINSON:
Q. Do you see that on the screen?
THE COURT: Well, it isn't on the jury's screen.
MS. WILKINSON: No. It shouldn't be. It's not moved into evidence yet.
BY MS. WILKINSON:
Q. Do you see Government's Exhibit No. 8?
A. Yes.
Q. And could you read that to yourself and see if you recognize that document.
A. Yes, I do.
Q. Is that the letter that your brother wrote to the American Legion?
A. Yes.
MS. WILKINSON: Your Honor, we offer Government's Exhibit No. 8.
MR. NIGH: Your Honor, I object under Rules 402, 403 and 404(b).
THE COURT: Be specific. I don't know how you're citing these rules.
What's the specific objection?
MR. NIGH: Relevance, and then prejudice under 403; and 404(b) --
THE COURT: Well, do you have any objection to the source?
MR. NIGH: No.
THE COURT: All right. Those other objections are overruled. 8 is received.
MS. WILKINSON: May we publish, your Honor?
THE COURT: Yes.
BY MS. WILKINSON:
Q. Ms. McVeigh, can you read this letter in its entirety into the record.
A. "Constitutional Defenders. We members of the citizen's militias do not bear our arms to overthrow the Constitution, but to overthrow those who PERVERT the Constitution; if and when they once again, draw first blood (many believe the Waco incident was 'first blood').
"Many of our members are veterans who still hold true to their sworn oath to defend the Constitution against ALL enemies, foreign AND DOMESTIC. As John Locke once wrote 'I have no reason to suppose that he who would take away my liberty, would not, when he had me in his power, take away everything else; and therefore, it is lawful for me to treat him as one who has put himself into a "state of war" against me, and kill him if I can, for to that hazard does he justly expose himself, whoever introduces a state of war, and is aggressor in it.'
"The (B)ATF are one such fascist federal group who are infamous for depriving Americans of their liberties, as well as other Constitutionally-guaranteed and INALIENABLE rights, such as one's right to self defense and one's very LIFE. One need only look at such incidences as Randy Weaver, Gordon Kahl, Waco, Donald Scott --" it says "(et ILL)" -- those are capital letters "-- to see that not only are the ATF a bunch of fascist tyrants, but their counterparts at the USMS," comma, "FBI, and DEA (to name a few), are, as well.
"Citizen's militias will hopefully ensure that violations of the Constitution by these power-hungry stormtroopers of the federal government will not succeed again. After all, who else would come to the rescue of those innocent women and children at Waco?!? Surely not the local sheriff or the state police! Nor the Army - whom are used overseas to 'restore democracy', while at home, are used to DESTROY it (in full violation of the Posse Comitatus Act), at places like Waco.
"One last question that every American should ask themselves: Did not the British also keep track of the locations of munitions stored by the colonists; just as the ATF has admitted to doing? Why???....Does anyone even STUDY history anymore???"
Q. And after you saw this letter that your brother wrote to the American Legion, Government's Exhibit No. 8, did you discuss it with him?
A. His sentence structure.
Q. Did you make some corrections for him?
A. I tried.
Q. So you're sure this is the same letter that he wrote on the computer back in November of 1994; correct?
A. Yes.
Q. All right. During the time he was home in November- December of 1994, did you have a conversation with him about explosives?
A. Yes, I did.
Q. Do you recall when that was?
A. Sometime in November, '94.
Q. Do you remember where you were when you talked to him about explosives?
A. We were in his car.
Q. What type of car did your brother have at that time?
A. It was a silver Chevy turbo.
Q. Okay. And did he have that the entire time he was home with you and your dad in November-December of 1994?
A. Yes, he did.
Q. And was anyone else in the car with you other than you and your brother?
A. No.
Q. Tell us how the conversation began.
A. I think we were talking about like traffic jokes, near accident jokes, things like that. And Tim brought up -- do you want me to tell the whole conversation?
Q. Sure.
A. A time when he was traveling with explosives and nearly got into an accident. That's basically how it went.
Q. All right. Let me ask you some specific questions: Did he tell you if he was traveling alone or if he was traveling with someone else?
A. I can't remember.
Q. Did he tell you if there was one car or two cars?
A. I think there was more than one.
Q. Did he tell you that he was caravanning with someone else?
MR. NIGH: I object as leading.
THE COURT: Sustained.
BY MS. WILKINSON:
Q. Did he tell you whether there were one car -- that he was by himself in one car or whether there were two cars?
MR. NIGH: I believe she already answered that, your Honor.
THE COURT: Overruled. You may answer.
THE WITNESS: Okay. I think there was two cars.
BY MS. WILKINSON:
Q. Did he tell you which car he was driving?
A. No.
Q. In other words, was he driving his own car, or was he driving some other car?
A. I don't -- I don't know.
Q. Did he tell you what type of car the other vehicle was?
A. No.
Q. Did he tell you how much explosives he was carrying?
A. I really don't remember. He implied it was a large amount.
Q. Ms. McVeigh, after the bombing in Oklahoma City, you cooperated with the FBI and made sworn statements, didn't you?
A. Yes.
Q. And do you recall making a sworn statement on May 2?
A. Yes.
Q. And in that statement, did you tell agents of the FBI how much explosives your brother had told you he was carrying that day?
A. Yes, I did. In the statement, I have "up to a thousand pounds."
Q. Now, did he tell you how he almost got in an accident?
A. I think they were going downhill. There was a traffic light, couldn't stop in time, almost ran into each other or ran into something else. It's vague, but it was something like that.
Q. But he and the other vehicle did not get in an accident; is that correct?
A. That's true.
Q. Did he tell you why he was carrying a large quantity of explosives?
A. No.
Q. Did he tell you what he was going to do or what he had -- excuse me -- what he had done with those explosives?
A. No.
Q. Did you ask him why he was carrying those explosives?
A. No.
Q. Why not?
A. I don't think I wanted to know.
Q. Did he ever mention explosives to you ever again?
A. No.
Q. Had you ever heard him discuss explosives before that time?
A. No.
Q. When he was home during that time, did he also discuss with you the use of aliases and disguises?
A. Yes.
Q. What did he tell you?
MR. NIGH: I object to this, your Honor, under Rule 402 and 403.
THE COURT: Overruled.
MR. NIGH: Relevance.
THE COURT: You may answer.
THE WITNESS: It was just in relation to a picture I had of him. It was his picture, actually. And he was dressed up like a biker; and I asked him what that was. And he replied one of his disguises.
BY MS. WILKINSON:
Q. Could you describe for us what the picture showed? How was he dressed, exactly?
A. Just biker garb. I can't -- I couldn't tell you exactly.
Q. Did he tell you why he needed to use a disguise?
A. No.
Q. Did he ever tell you or are you aware of him ever using an alias, false name?
A. Yes.
Q. And what name did he use?
A. Tim Tuttle.
Q. And how do you know that he used that false name?
A. He had written me a letter and asked me to send some political literature to a few other people. And next to each name, there was an address to send it to and then a return address. And some of the return addresses -- not some -- there were only a few, but at least one of them had Tim Tuttle as a return address.
Q. So Tim Tuttle was a name he gave for you to use to send literature on his behalf. Is that correct?
A. Yes.
Q. On how many occasions did you do that?
A. I think I sent things for him about three times.
Q. When he was home in November-December of 1994, did you ever discuss with him why he used a false name?
A. No.
Q. Now, before he left -- well, let's go to that. Do you remember when he left home in 1994?
A. I think it was at the end of November, beginning of December.
Q. He wasn't -- he didn't spend Christmas with you and your father in 1994. Is that right?
A. No, he didn't.
Q. Do you recall before him leaving a conversation with him about leaving the propaganda stage?
A. Yes. At one point -- I'm not sure if it was in a letter or conversation -- he indicated that he was not in the propaganda stage, which is like passing out papers; that he was now in the action stage.
Q. Did he explain what he meant when he said he was now in the action stage?
A. No.
Q. Did you ever ask him about that?
A. No.
Q. Now, once your brother left in December of 1994, did you ever see him again until after the bombing in Oklahoma City?
A. No.
Q. Did you keep in contact with him?
A. Yes. I received some letters.
Q. Okay. Did you have telephone conversations with him during that time period from January to April of 1995?
A. Maybe a couple.
Q. Let's start with January of 1995. Did he ask you to forward any packages or literature for him during that time period?
A. Yes. He had sent something to my house and -- do you want me to explain it?
Q. Sure. Go ahead.
A. And I don't know what it was, because I wasn't there. I was on vacation; so I had my friend Rose mail it for me. I think it was just a letter or something.
Q. Tell the jury who Rose is.
A. My best friend. Her name is Rose Woods.
Q. Where does she live?
A. She lives in Lockport, also.
Q. And while you were going to Florida in January, did you -- what did you have her do?
A. I had her mail the letter that he sent because she was taking care of my house for me, taking care of my cats.
Q. While you were in Florida -- I take it it was on vacation. Is that right?
A. Yes.
Q. Did your brother contact you to determine whether you had had that package forwarded?
A. I did -- yeah.
Q. And did you contact Rose to make sure she had mailed that package?
A. Yes.
Q. Now, did there come a time when your brother sent you some personal materials, or memorabilia that he had?
A. Yes.
Q. Do you recall when that was?
A. It was sometime early '95.
Q. Okay. Look on your screen and see if you see Government's Exhibit 16B, which has not yet been offered into evidence. Do you see that?
A. Yes.
Q. Do you recognize that?
A. Yes.
Q. Do you recognize the handwriting on that?
A. Yes.
Q. Whose handwriting is that?
A. Tim's.
Q. Who is that note addressed to?
A. Me.
MS. WILKINSON: Your Honor, we offer 16B.
MR. NIGH: No objection, your Honor.
THE COURT: 16B is received.
MS. WILKINSON: May we publish?
THE COURT: Yes.
BY MS. WILKINSON:
Q. Ms. McVeigh, could you read that into the record, please.
A. It says, "Jennifer:Go ahead and read all the paperwork that is in the priority envelope here on top. It's not priority reading, so go" then "it whenever you have time. Save it along with everything else in this box."
Q. Do you recall when you received that note from your brother?
A. It was sometime in early '95.
Q. Now look at Government's Exhibit 15, which I'm going to display for you, which is not yet in evidence. Do you recognize this note?
A. Yes.
Q. Whose handwriting is that?
A. Tim's.
Q. Who is the note addressed to?
A. Me.
Q. And do you recall when you received this note?
A. This was also in early '95.
MS. WILKINSON: Your Honor, we move in Government's Exhibit 15.
MR. NIGH: Same objections I previously made, your Honor.
THE COURT: All right. Overruled. 15 received.
BY MS. WILKINSON:
Q. All right, Ms. McVeigh. I'm going to try to enhance the top portion of the letter while you read it and then do the bottom, so bear with me here. You see that top half of the letter?
A. Yes. Do I have that up here?
Q. You should have it. Will it be easier for you to read Government's Exhibit No. 15? You don't have it?
A. Well, probably somewhere.
Q. It should be -- go ahead. Take your time and look for it.
A. Okay. I have it.
Q. Do you see it?
A. Yes.
Q. Do you have the original up there?
A. Yeah.
Q. Okay. Could you read it for the jury, please.
A. It says, "Ok, Jenny, same thing - "Read" all the "stuff in" the "envelope first, all else is reference/memorabilia. "In case of 'alert,' contact Mike Fortier. Day --" Do you want me to read the numbers?
Q. Yes, please.
A. "602-757-4018 (or Lori is trustworthy) Evening 692-9445. Let him know who you are & why you called."
Q. Okay. Stop right there. Could you read just a little slower, Ms. McVeigh. Mr. Zuckerman has reminded me and others to slow down. He's trying to get every word you say, so just read a little bit slower. Let me bring up the document again and see if I can enhance the bottom part and you can continue reading. Go ahead.
A. Okay. "Note - Forgot to tell you on the phone - "If you must call him, Jenny, this is serious, No being lazy -
"Use a pay phone, and take a roll of quarters with you!
"They will, w/out a doubt, be watching you and tapping the phone - use a pay phone!
"Note: Read back cover of Turner Diaries before you begin."
Then it has a little "C" with a circle "1978, and he saw."
Q. Let me put it back up to the full screen here. Is this the letter which you received in which you learned the last name of Mike and Lori?
A. I believe so.
Q. Now, did you ever contact Mike or Lori?
A. Did I ever?
Q. Did you ever --
A. No.
Q. -- follow through on these instructions?
A. No.
Q. There was never any alert for you to contact them; is that correct?
A. No.
Q. Okay. Look at Government's Exhibit No. 14, which you should also have up there, the original. Do you see that?
A. Yes.
Q. Do you recognize that document?
A. Yes.
Q. And what is this?
A. It's a letter to me from Tim.
Q. Do you recognize the handwriting?
A. Yes.
Q. Is it your brother's handwriting?
A. Yes.
Q. And do you recall when you got this note from your brother?
A. Had to be early '95.
MS. WILKINSON: Your Honor, we offer or move into evidence Government's Exhibit 14.
MR. NIGH: Same objections, your Honor.
THE COURT: Overruled. 14 received.
MS. WILKINSON: May we publish?
THE COURT: Yes.
BY MS. WILKINSON:
Q. Ms. McVeigh, I'm going to try it again. I've enhanced the top half. If you could read it slowly into the record for the jury.
A. "Jenny, Here's the originals back (yellow highlight) plus 2 new add-ons. Read the yellow-highlighted (double-sided) stuff, in page order.
"Pics enc. of Turbo. Boo-hoo, I loved that car. (It still runs - the warrior!)
"Won't be back for . . ." dot dot dot "ever. Keep an eye out for P.I., (Private Investigators) - they will more likely be looking for me than cops - and remember - they could be anybody, and they don't follow the rules. Be especially careful at bars, etc., where they will try to get you to talk.
"A female friend was caught by one at a bar - another female who 'confided' in her, and got a lot of info in return).
"Tell Dad Hi.
"Seeya, Tim."
Q. I think you went faster than I enhanced it for the jury, but let's go back up to the top for a minute.
Okay. You see that first paragraph, where he's referring to "Here's the originals back (yellow highlights) plus 2 new add-ons"?
A. Yes.
Q. What did you understand him to mean when he said "(yellow highlights)"?
A. The highlighted literature.
Q. That's what you were telling us about earlier that he would mark certain portions of the documents that he wanted you to read with yellow highlighting?
A. Yes.
Q. Now go to the next paragraph, and you have "Pics enc. of Turbo. Boo-hoo, I loved that car." What did you understand he was referring to there?
A. His silver car.
Q. Now, he tells you in here, does he not, that there is some other materials that he is sending you.
A. Yes.
Q. Let me show you Government's Exhibit No. 220, which is not yet in evidence. Do you recognize this photograph?
A. Yes.
Q. And that is a fair and accurate depiction of your brother's vehicle?
A. Yes.
MS. WILKINSON: Your Honor --
BY MS. WILKINSON:
Q. Did you receive this picture from your brother, Ms. McVeigh?
A. Yes.
MS. WILKINSON: We offer Government's Exhibit 220.
MR. NIGH: Your Honor, I'd make the same objections I previously made; and also, I believe the photograph contains matters other than the car.
THE COURT: I couldn't hear you.
MR. NIGH: I'm sorry, your Honor. I make the same objections I previously made, plus I believe the photograph contains items other than the car.
THE COURT: Well, it does, but --
MS. WILKINSON: We're only offering it -- this is a photo she received from him, your Honor.
THE COURT: I understand that testimony. When did you get this photograph?
THE WITNESS: It was early '95.
THE COURT: All right. Objection is overruled. It's being received only as a photograph she received and that she recognizes a car in.
MS. WILKINSON: Okay. May we publish it?
THE COURT: Yes.
BY MS. WILKINSON:
Q. Now, let's focus on the car on the left hand, Ms. McVeigh -- do you see that on the left-hand side?
A. Yes.
Q. Is that the car that you recognize?
A. Yes.
Q. Whose car is that?
A. That's Tim's car.
Q. And there is some damage to that car; is that right?
A. Yes.
Q. Was that the same car that he had back in 1994 when he was home with you and your father?
A. Yes.
Q. Was the car in that condition at that time?
A. No.
Q. There was no damage to the back of the car when he was driving it around in November of 1994?
A. No.
Q. So was it your understanding from this letter and the second paragraph where he says "Pics enc. of the Turbo. Boo-hoo," that he had been involved with some accident, there was some damage to his car since he left you?
A. Yes.
Q. I'm going to show you the next photo, which is Government's Exhibit No. 221. I think I'm going to. Maybe not.
MS. WILKINSON: Your Honor, I'm having a bit of a difficulty again with the computer, if I could just have a moment.
THE COURT: Well, I think we'll recess and you can have a lot of moments.
MS. WILKINSON: Thank you.
THE COURT: We'll ask you back at 9:00 tomorrow morning. You're excused for the day.