The Accused
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1:07:00
You've also testified that,
while you were on the pinball machine,

1:07:04
that you mostly kept your eyes closed.
1:07:07
Is that right? Your eyes were cIosed?
1:07:09
Yes, sometimes.
1:07:11
Is it fair to say that you can't teII us
who appIauded or who shouted?

1:07:15
Is that fair?
1:07:17
I...
1:07:19
Is it possibIe
that onIy one person shouted?

1:07:24
No. There were different voices.
1:07:27
So at Ieast two, then.
CouId it have been onIy two?

1:07:31
No. They overlapped.
1:07:33
Miss Tobias, you testified that you were
assaulted by three men. Is that right?

1:07:39
- Yes.
- OK.

1:07:41
Is it possibIe -
and I'm just saying possibIe -

1:07:44
that the only ones who shouted
were among your assaulters?

1:07:49
No. The voices were
coming from further away.

1:07:53
OK.
1:07:54
Miss Tobias,
1:07:57
you had had severaI drinks,
1:07:59
you had smoked marijuana,
1:08:01
the TV was playing,
the jukebox was playing,

1:08:04
you were in a room full of noisy
video games and pinball machines,

1:08:08
you had your eyes closed, sometimes,
1:08:12
and you were being assaulted.
1:08:14
Now, given these conditions,
can you truly say

1:08:20
how many voices you heard
1:08:23
and where those voices
were coming from?

1:08:27
No.
1:08:29
Is it fair to say, then,
1:08:31
that you can't tell us
who applauded or who shouted?

1:08:37
Is that fair?
1:08:44
Yes, that's fair.
1:08:47
OK. Thank you.

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