I wasn't lying, I remember better now, my mind is clear

Sean Butler Smith is being questioned by Mr. Russo. The above is a response when Mr. Russo brought up an inconsistency between preliminary hearing testimony and testimony now during jury trial.

Mr. Russo bringing up inconsistencies and Smith explained his responses. When Mr. Russo brought up his use of drugs and behavior to feed his addiction, Smith said, "There are many things I did in my addiction I am not proud of. "

Mr. Russo's questioning this morning was about statements Smith made to law enforcement and his testimony now. He also showed pictures of J street in Eureka and Smith's cousin Shane Goodrich's house in Sunnybrae to Smith and the jury.

After morning break, Ms. Firpo questioned Smith on redirect. Ms. Firpo through questions and Smith's answers was able to address inconsistencies and why. Smith has been in different stages of recovery during course of case.

Mr. Russo continued his cross of Smith by asking, "Are you currently on felony probation." Smith responded, "Yes." Asked him the date he pled and then Mr. Russo said he got a 51/2 year suspended sentence.

Smith said that he went to a clean and sober house on his own.

Mr. Russo said, "One of the APD officers said they would give you back your heroin, if you talk to them." Smith said, "No, he was high."  Mr. Russo tried to bring up some other criminal history but was unsuccessful. Smith stayed cool.

When Mr. Russo tried to challenge Smith's testimony, on small details bringing up differences between interviews with detectives or preliminary hearing and current testimony, Smith responded with saying that it had been a year since some of this happened. "I don't like being tripped up on my words."

Smith also responded to Mr. Russo's insinuations by saying, "I remember better now because my mind is clear."

Mr. Russo badgered Smith even after this and Smith responded, "I don't remember some of thi s stuff but you have it on paper," this was in reference to Mr. Russo handing him transcripts challenging his explaination of small inconstencies.

Mr. Russo ended his cross, when Smith said, "If you saw someone get shot, in front of you that image would be burned in your mind."

Ms. Firpo on re-direct got Smith to explain how he was in different stages of his recovery and the journey to his being clean and step by step through questions demonstrated why his mind was clearer now and memory more accurate than it would have been closer to the event.

Ms. Firpo's re-direct ended on a powerful note by showing how testifying has been a risk Smith chose. Smith had told Mr. Russo he did not want to be in jail and that staying clean and successfully completing his probation was important to him.

Ms. Firpo asked Smith why he did not want to go back to jail. Smith said because he would probably get "beaten up or stabbed for being a snitch."

"Has anyone provided you with a transcript or instructions on how to testify," Ms. Firpo asked Smith. He responded, "No."

"Which is more scary for you, going to jail for contempt or going to jail for testifying?" Ms. Firpo asked.
Smith responded that going to jail for testifying. This was to address one of Mr. Russo's attempt to discredit Smith.