Man during Big Lagoon camping trip heard John Doe #1 cry and say, "Please don't it hurts; take it out."

Before DA Investigator Kyla Baxley, the last witness for this afternoon testified, Judge Timothy Canning read a jury instruction. He told the jurors what was said by the two anonymous people who made a report about the Big Lagoon Camping trip was not evidence

On July 11, 2011, Ms. Baxley who worked for the Humboldt County Sheriff's Office at that time, assisted the DA in an investigation. These details about the Big Lagoon camping trip have not been available until Detective Baxley's testimony today.

"I was advised that an anonymous report was made to the DA by a gentleman camping at Big Lagoon. He was with his wife. They were approached by a deputy who showed him a badge, said he was Cory Fisher, and asked if he could share their campsite. John Doe #1 also identified himself."

The man's wife went to bedat 10 p.m., he could not sleep. The man heard "John Doe crying and saying "Please don't it hurts; take it out."

The man heard John Doe #1 say, "Please don't; stop."

Fisher came out of the tent and said to the man, "that's my boy." This upset the man so much that first he went to the HCSO sub station in McKinleyville but it was closed. The man was "afraid HCSO would not take it seriously, so he went to the DA.

Ms. Baxley testified that she went with a DA investigator to speak to John Doe #1 at his house.  They spoke with John Doe #1 outside on the back patio. John Doe #2 was inside the house.

John Doe #1 said he was upset and "had confessed to his dad about a number of stressful things." When asked if ,he had been assaulted,  John Doe #1 said, "he had a rock in his foot and his dad was going to remove it."

Then they spoke to Fisher. "Mr. Fisher said John Doe #1 had a meltdown due to some stressors in his life. He denied any abuse." Fisher mentioned John Doe #1 had been smoking marijuana.

He was cooperative and consented to John Doe taking a SART exam. Ms. Baxley explained   a SART exam was not done because "there needs to be information/disclosure from the victim to conduct an exam." A CAST interview was not done because the allegation came from an anonymous party who could have misinterpreted what they heard. The allegation did not come from a mandated reporter or the child.

Angela Fisher testified that she was with John Doe #1 when he was interviewed about the Big Lagoon trip. During cross examination, Ms. Baxley said that she did not recall Angela Fisher being present while John Doe #1 was being interviewed.

Testimony resumes 9:30 on March 25.