He would not let me get past him...he put his hand between my legs

Taraya Rives, the witness who claims Bodhi Tree groped her at Rhett August's house on May 13  testified this morning. She was at a party at Rhett August's house that evening and was invited there by Rhett's girlfriend. She had seen Bodhi Tree around but met him for the first time that night.

There was detailed questioning by Elan Firpo who is prosecuting the case, step by step asking what occurred that led to three guests beating up Bodhi Tree.

Ms. Rives was nervous, often saying she did not recall exact words. Summary of her testimony is that Bodhi Tree put his arm around her almost immediately after she got there, she was uncomfortable, she went downstairs to smoke a cigarette. On her way back she encountered Bodhi Tree on the stairs. After the stairs incident, she was yelling. The male guests came to her aid and they beat up Bodhi Tree.

 She said Rhett August and his girlfriend did not participate in the beating but three other guests beat Bodhi Tree over being inappropriate with her and then because he would not leave the party and premises.

The most graphic and uncomfortable part of her testimony was that on her way back from smoking, Bodhi Tree blocked her way on the stairs, would not let her get past him. She entually gave him the hug he asked for just to get away from him. That is when he groped her. He put one arm around her and with the other reached between her legs and touched her.

Ms. Rives would not look at Bodhi Tree. Even when told to identify him she looked briefly at him then away. Bodhi Tree was shaking his legs when she first testified about the inappropriate behavior and staring at her through most of her testimony.

She was consistent in her testimony when Ms. Firpo and Casey Russo, Bodhi Tree's attorney questioned her.

During Mr. Russo's cross, he did get her to admit Bodhi Tree told the guys who beat him that he had just got of prison and did not want any conflict. He asked her if she read a police report and when she got that. She said today.

During redirect Ms Firpo got Ms. Rives to say she had independent recollection of events, police report just helped her refresh memory and answering Ms. Firpo's question she said Ms. Firpo did not tell her what to say.

In her testimony, Ms. Rives said that Bodhi Tree did not fight back and that the other guys were "pounding" on him. She said his face was "purplish" and he had "two black eyes".

Charles Edward Crow was the People's second witness today. Testimony started after break. Andy Truitt is representing Charles Crow and was in court when he testified. Crow is the driver who drove Sean Butler Smith and Bodhi Tree to Eureka on May 15. That is the night Rhett August was shot. Today's testimony ended with Mr. Russo's starting cross of Crow and Mr. Russo's cross of Crow will continue tomorrow.

Crow was a reluctant and belligerent witness. He testified on the night of May 15 when Bodhi Tree was accused of shooting Rhett August, he wanted to go home to Trinidad. Sean Butler Smith, whose testimony is what ties the two murders together, knew Crow because they went to the same elementary school.

According to Crow, he was hailed by Smith as he was driving home to Trinidad from a friend's house in Arcata. Smith asked Crow to drive to Eureka from Arcata. Crow said he was under the impression he would drop off Smith and a dark skinned man who accompanied Smith. He was given directions "turn by turn" said Crow.

During the rest of his testimony, he gave the same timeline as the prosecution of the events that led to the alleged shooting of Rhett August and exactly what Ms. Firpo described in her opening arguments.

When Crow was in the car waiting near the J street residence, he said and heard 5 gunshots and Smith's friend ran back to the car, Crow said he thought, "I am going to get in trouble for something dumb." He had no idea anyone had a gun, no idea why he was driving these two people to Eureka. Crow said that Smith and Bodhi Tree stiffed him for gas money. According to Crow, he dropped Smith and his friend near the Pleasure Center and Subway in Arcata.

Ms. Rives seemed nervous but Crow was resentful. He used that word in describing how he felt about Smith and his attitude was that of a very hostile witness. In her opening arguments, Ms. Firpo mentioned that except for Sean Butler Smith, the others were hesitant to come forward, and had to be served with a subpoena.