2.Karen Leonhardt — Direct/Cross/Redirect/Recross
204 linesKAREN LEONHARDT, being first duly sworn, testified as follows:
DIRECT EXAMINATION By Ms. Mayes:
MS. MAYES: Good morning. Could you tell us a little bit about yourself? Where are you employed?
KAREN LEONHARDT: I'm employed at Saxe Gotha Elementary.
MS. MAYES: Tell us about your job there.
KAREN LEONHARDT: I am the school nurse at the school.
MS. MAYES: Could you tell us about your educational background and training that led you to become a nurse with the Lexington County School District?
KAREN LEONHARDT: I had been a pediatric nurse for 35 years and I have been employed by Saxe Gotha Elementary for 20 years.
MS. MAYES: And what type of license do you hold?
KAREN LEONHARDT: I'm a registered nurse.
MS. MAYES: And how long have you worked at Saxe Gotha as a school nurse?
KAREN LEONHARDT: Twenty years.
MS. MAYES: Now, were you working at Saxe Gotha Elementary back in 2014?
KAREN LEONHARDT: Yes.
MS. MAYES: At that school, how do you maintain information which documents the health of individual students?
KAREN LEONHARDT: At that time we would have a health card that we would send home with each child at the beginning of the year and the parents would fill it out and then they would send it back to us.
MS. MAYES: So the health card goes home with the child, but it's the parents' responsibility to fill it out?
KAREN LEONHARDT: That's correct.
MS. MAYES: And the parent normally fills it out on their own?
KAREN LEONHARDT: That's correct.
MS. MAYES: And then it's returned to you?
KAREN LEONHARDT: Yes.
MS. MAYES: Are these records maintained in the ordinary course of business there at Saxe Gotha Elementary?
KAREN LEONHARDT: Yes, they are.
MS. MAYES: I'm going to show you some documents and ask you whether or not you recognize them. These have been premarked as State's Exhibits 169, 170 and 171.
KAREN LEONHARDT: I do recognize them.
MS. MAYES: And can you tell us what these items are?
KAREN LEONHARDT: These are the health cards that we sent out that year that returned to my health room to us.
MS. MAYES: Okay. And specifically can you tell us whether these are the health cards of Merah Jones, Elias Jones and Nahtahn Jones?
KAREN LEONHARDT: They are.
MS. MAYES: And does it bear a signature on them?
KAREN LEONHARDT: It does.
MS. MAYES: Is that the signature of the parent?
KAREN LEONHARDT: Yes.
MS. MAYES: And who is the parent who signed these forms?
KAREN LEONHARDT: Timothy Jones.
MS. MAYES: Your Honor, at this time, this will be State's Exhibits 169, 170 and 171 as evidence.
THE COURT: Any objection?
MR. MADSEN: No objection.
THE COURT: No objection. So 169, 170 and 171 are admitted.
(Whereupon, State's Exhibit numbers 169, 170 and 171 were admitted into evidence.)
MS. MAYES: I want to start here by asking you about the health card for Merah. And specifically on this health card, does it state the name of the parent?
KAREN LEONHARDT: It does.
MS. MAYES: And what is that name?
KAREN LEONHARDT: Tim Jones.
MS. MAYES: Is there any information provided for the mother?
MS. MAYES: And then as we go through the cards, tell us what we're looking at in terms of the school year. What date was this submitted?
KAREN LEONHARDT: It was submitted on 9/12/2013.
MS. MAYES: Now, back of the form, what are you asking for specifically as to each child?
KAREN LEONHARDT: We're asking for, if there's any health problems that they might have. Those listed on the left side are common ones that we might see in school children. And then we ask for any other information about physicians or if there's any things that are -- keep them from participating in school activities.
MS. MAYES: All right. So specifically, you're asking about things like anemia, epilepsy, diabetes, anything of that nature?
KAREN LEONHARDT: That's correct.
MS. MAYES: And what, if any, comments did the parent make in this case?
KAREN LEONHARDT: He wrote down the child is in good health.
MS. MAYES: All right. And did you go on and ask whether or not the child may have any impairment in function that would limit his or her participation in physical activity?
KAREN LEONHARDT: Yes.
MS. MAYES: And what was the parent's response as to Merah?
MS. MAYES: All right. We're going to move now to State's Exhibit 170 regarding Elias. And were there any indication of health issues regarding Eli Jones?
MS. MAYES: And what comment, if any, did the parent make?
KAREN LEONHARDT: The child is in good health.
MS. MAYES: All right. Was he taking any medications?
MS. MAYES: And specifically as to whether he had any impairments that would limit his or her participation in physical activities?
KAREN LEONHARDT: The answer is no.
MS. MAYES: And then 171 regarding Nahtahn. Was there any indication that Nahtahn had any preexisting medical conditions?
MS. MAYES: And what, if any, comments did Timothy Jones make regarding Nahtahn's health?
KAREN LEONHARDT: He said the child was in good health.
MS. MAYES: Was Nahtahn taking any medications?
KAREN LEONHARDT: None.
MS. MAYES: And then finally when question, does Nahtahn have any impairment in function that would impair his or her participation in physical activity, what was his response?
MS. MAYES: Thank you. Nothing further at this time.
THE COURT: Mr. Madsen.
CROSS-EXAMINATION By Mr. Madsen:
MR. MADSEN: Ms. Leonhardt, the children being in school would have been up-to-date on their vaccinations, correct?
KAREN LEONHARDT: Correct.
MR. MADSEN: They wouldn't be allowed in if they weren't?
KAREN LEONHARDT: Correct.
MR. MADSEN: And I believe you were Merah's nurse for each of the years that she was there, correct?
KAREN LEONHARDT: Correct.
MR. MADSEN: And it looks like you saw her seven times over the years?
KAREN LEONHARDT: I'd have to look at my notes to -- for that exact number. But I did see her in the health room.
MR. MADSEN: Scratched an eye in the classroom. Also about some head lice, correct?
KAREN LEONHARDT: That I do remember, correct.
MR. MADSEN: And she had head lice and you had some interaction with Tim about that, correct?
KAREN LEONHARDT: I did.
MR. MADSEN: And his idea to get rid of head lice was to use kerosene?
KAREN LEONHARDT: He did mention that, yes.
MR. MADSEN: And you told him no?
KAREN LEONHARDT: That would not be safe, correct.
MR. MADSEN: That's not the way you do it. And you said a hair dryer?
KAREN LEONHARDT: That is one of the things that we suggest sometimes to the parents to dry their hair with a hair dryer to dehydrate the eggs of the lice, uh-huh.
MR. MADSEN: And his thing was I'll use a heat gun.
KAREN LEONHARDT: He did say that.
MR. MADSEN: And you were like absolutely not. That is not safe?
KAREN LEONHARDT: That's correct. That's what I said.
MR. MADSEN: And it looks like you saw Elias a number of times for ear infection, eye infection, rash, some playground injuries.
KAREN LEONHARDT: Like I said, I'd have to look at my notes to be exact. But yes, I did see him in the health room.
MR. MADSEN: It's not unusual for kids to come in, especially that age, to see you every so often for whatever is ailing them?
KAREN LEONHARDT: That's correct.
MR. MADSEN: And it looks like you saw Nahtahn about 11 times for dry skin, stomach ache, temperature, some itching. I think he had an ear problem at one point in time?
KAREN LEONHARDT: I think I recall that, yes.
MR. MADSEN: And then only -- and you are familiar that once with Nahtahn DSS was called for some bruising, correct?
KAREN LEONHARDT: That's correct.
MR. MADSEN: And that was the only time with any of the kids anything occurred that DSS was called?
KAREN LEONHARDT: That's correct. That I recall, uh-huh.
MR. MADSEN: And you only dealt with Tim --
KAREN LEONHARDT: Let me -- can I go back to that question? No, actually there was another time that a call was made.
MR. MADSEN: And who was that on?
KAREN LEONHARDT: Merah.
MR. MADSEN: On Merah?
KAREN LEONHARDT: Uh-huh.
MR. MADSEN: And you're aware that DSS has no records of those calls?
KAREN LEONHARDT: I have a record in my health room that I did make a call.
MR. MADSEN: Do you have your notes from the health room?
KAREN LEONHARDT: They're in my car.
MR. MADSEN: I'd like to see those, Judge. I don't have those.
THE COURT: Sure. All right. We'll stand down for a couple of minutes. You all step in the jury room and we'll have you back in here. We'll let her run to her car.
KAREN LEONHARDT: Okay.
(Whereupon, the jury was excused from open court for a break.)
THE COURT: Don't talk to anybody about your testimony.
KAREN LEONHARDT: I won't. Okay.
(Whereupon, the witness stepped down from the witness stand.)
(Whereupon, a short break was taken.)
THE COURT: So you had no, it was just --
MR. MADSEN: DSS says we are not going to take it. So it is something that we knew about.
THE COURT: Okay.
MS. MAYES: If we could just require a little bit further.
(Whereupon, the witness came back in the courtroom.)
MS. MAYES: IN CAMERA REDIRECT EXAMINATION
By Ms. Mayes:
MR. MADSEN: The document that you just brought in regarding the report on the possible use of a heat gun or kerosene for head lice, is that the report that you're referring to?
KAREN LEONHARDT: Correct.
THE COURT: Okay. Tell the jury we are ready.
MR. MADSEN: That's fine.
(Whereupon, the jury came into open court at approximately 9:40 a.m.)
THE COURT: All right, Mr. Madsen.
MR. MADSEN: Ms. Leonhardt, when you said you called DSS, it was over the head lice issue with Merah, correct?
KAREN LEONHARDT: That's correct.
MR. MADSEN: And they didn't open a case, but you were supposed to monitor it?
KAREN LEONHARDT: That's correct.
MR. MADSEN: And then you have those health cards in front of you. But you never dealt with the children's mother, correct?
KAREN LEONHARDT: That's correct.
MR. MADSEN: Never received a call from her, any interaction whatsoever?
KAREN LEONHARDT: That's correct.
MR. MADSEN: And, in fact, on those cards, I think for each of the children the emergency contact is Roberta Thornsberry and Kevin McKenney. Is that correct?
KAREN LEONHARDT: That's correct.
MR. MADSEN: That's all the questions I have.
THE COURT: All right. Any redirect?
MS. MAYES: Yes, sir, Your Honor.
REDIRECT EXAMINATION By Ms. Mayes:
MS. MAYES: So, Ms. Leonhardt, one of the questions that Mr. Madsen posed to you just a few moments ago was about a report concerning Nahtahn Jones to DSS?
KAREN LEONHARDT: That's correct.
MS. MAYES: You're familiar with that report?
KAREN LEONHARDT: Yes.
MS. MAYES: Do you know which teacher made that report on Nahtahn's behalf to DSS?
KAREN LEONHARDT: Yes. His -- the instructional assistant in the classroom, Amy Shearer.
MS. MAYES: All right. Amy Shearer, one of Nahtahn's K5 teacher's?
KAREN LEONHARDT: That's correct.
MS. MAYES: And I'm going to ask you about an exhibit already in evidence. This is Defendant's Exhibit 15 regarding that DSS report. Do you know whether or not that report was made on or about May the 5th of 2014?
KAREN LEONHARDT: Yes, I believe it was.
MS. MAYES: "Timothy Jones got upset with Nahtahn. He choked him around the neck, pushed him against the wall and held him there. The child has bruises on the neck." Is that the report that you're referring to?
KAREN LEONHARDT: Yes, ma'am.
MS. MAYES: Specifically regarding that report to DSS on Nahtahn in May of 2014, can you tell us whether or not you photographed Nahtahn's bruises?
KAREN LEONHARDT: I did.
MS. MAYES: To his neck?
KAREN LEONHARDT: Yes, ma'am.
MS. MAYES: Do you recall whether he also had bruising to both forearms?
KAREN LEONHARDT: He did.
MS. MAYES: Nothing further, Your Honor.
THE COURT: Mr. Madsen, are you done?
RECROSS-EXAMINATION By Mr. Madsen:
MR. MADSEN: Ms. Leonhardt, I'm going to show you what's been marked as Defense for ID number 104 through 108. Take a look and tell me if you recognize those.
KAREN LEONHARDT: I do.
MR. MADSEN: Are those the photographs that you took of Nahtahn?
KAREN LEONHARDT: They are.
MR. MADSEN: Judge, we would move Defense 104 through 108 into evidence.
MS. MAYES: And if we could approach briefly, Your Honor, on a legal matter.
THE COURT: Okay.
(Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
THE COURT: All right. You all want to go forward?
MR. MADSEN: Yes, sir.
THE COURT: All right. Subject to the sidebar, without objection, 104 through 108 is in.
(Whereupon, Defendant's Exhibit number 104 through 108 were admitted into evidence.)
MR. MADSEN: And that right there on the jaw line is the photo of the bruise on the neck?
KAREN LEONHARDT: Yes, sir.
MR. MADSEN: And that is just a photo of Nahtahn?
KAREN LEONHARDT: Yes.
MR. MADSEN: And then that shows some bruising, I guess, a little bit on the left arm and maybe towards the top of the right?
KAREN LEONHARDT: That's correct.
MR. MADSEN: Similar in Defense 107?
KAREN LEONHARDT: That's correct.
MR. MADSEN: And then lastly, I think, Defense 108 shows -- it looks like a bruise right about here on the left arm?
KAREN LEONHARDT: On his left arm. That is correct.
MR. MADSEN: That's all the questions I have, Your Honor.
THE COURT: All right. You may step down.
KAREN LEONHARDT: Thank you.
(Whereupon, the witness stepped down from the witness stand.)
THE COURT: All right. Are we ready for another one?
MR. HUBBARD: Your Honor, I think there was a request for--