7.Deborah Grey — Direct (Part 2)
75 linesCASEY SECOR: Thank you. CONTINUE DIRECT EXAMINATION
BY MR. SECOR:
CASEY SECOR: Ms. Grey, before we move on to the next home environment in which Tim lived, I just want you to talk about from the time of his birth until the time that we ended, the first home that he lives in, Roberta and Larry's home and Senior and Cynthia and Tim live in the basement, things that exist on this demonstrative that you put together, social worker, a social worker with your experience, what does this mean for a child that's in this environment?
DEBORAH GREY: What I used to think when I was a young social worker was what does it matter if they don't remember? It's the ones who remember who are going to be affected by this. But what I found out over time with developments in brain science is that's far from true. What I found out is you take a baby and you do something that seriously frightens or scares that baby --
RICK HUBBARD: I'm going to object. I think this is expert testimony. I understand she might have learned this, but this is something where another expert would draw from what she provided.
THE COURT: I understand your objection. I'm going to allow the question. Let her answer.
RICK HUBBARD: Thank you, Your Honor. A If a baby is subjected to being frightened, traumatized, the baby will start to cry. And what happens is the body secretes a stress hormone just like it would if any of us were suddenly startled or afraid of something. That stress hormone puts the body into that fight or flight place. Typically, if there is a caregiver around to pick that baby up and care for it, that stress level will come down. But if there's no caregiver there to pick the baby up and care for it, the stress level doesn't come down and the body keeps, you know, sending out these stress hormones to this infant. If this is happening on a regular basis, it's being flooded by these stress hormones on a regular basis. If you think about for us as adults when we become afraid of something. Like, you're driving down the highway and you suddenly see a truck coming at you. You suddenly have this startled response, time freezes, your blood pressure goes up, your heart rate goes up. You might feel a little bit dizzy, your hands might start to shake --
THE COURT: Now, I think we're getting in another example -- A That would happen --
THE COURT: Total different than your question.
CASEY SECOR: Okay. A That's happening to a baby.
CASEY SECOR: Okay.
DEBORAH GREY: And when that happens to a baby over time, they get sort of frozen in this fight or flight place. Their little switch gets stuck. Fight, flight or freeze is what human beings do in response to that kind of trauma. And that what happens to an infant who's in this kind of traumatic environment from early days on. Dr. Bigler said between the time of birth and three years old, you go from 25 percent of your brain volume to 90 percent of your brain volume. This is what's happening --
RICK HUBBARD: Your Honor -- A -- while his brain is growing --
RICK HUBBARD: Your Honor, I object. We're getting into another expert's testimony.
THE COURT: Yeah, she is going back to another expert's testimony because she's quoting another expert.
CASEY SECOR: But accurately, though.
THE COURT: Ask your next question.
CASEY SECOR: Okay.
CASEY SECOR: We're going to go to the next home in which Tim lives in, okay, and that is another one of Roberta's houses, is that right?
DEBORAH GREY: Yes.
CASEY SECOR: And tell us about this period of time and the environment in which Tim is in and his caregivers and the condition of his caregivers and behavior of his caregivers.
DEBORAH GREY: This was a house that had a lot of alcohol and a lot of drunken fights, a lot of swearing going on. We talked about a moment ago the police report about grandma trying to shoot grandpa. There are other descriptions of that from other people. Grandma uses her car in repeated attempts to ram or run over grandpa. The marijuana and cocaine sold, people arrested. Things would get thrown, smashed, threats, screams, guns waved about, police called. One of the family stories I believe Tim was present for was Roberta got angry with Tim's girlfriend and so she beat her up, Tim, Sr.'s girlfriend. And then when Tim, Sr. protested, she punched him in the nose. She was driving a car one day attempting to ram grandpa's car, she had Tim and Larry, Jr. in it, and wrecked the car. So in this house, there were frequent occasions of cursing and threats. Thanksgiving dinner, grandma stabbed grandpa with a butter knife, stabbed him in the head with a pencil while he was trying to paint the ceiling.
What Tim describes is when he would hear this gearing up -- we talked a minute ago about fight or flight. He would flight. He would go into his room. He would get under the covers. He would pull the covers over his head and he would try very hard to think about something else, anything else. It was a small house. I've seen the house. There's nowhere to get away from the noise and the chaos of what's going on out there. But that was his choice. And what the family reported during that period of time was that the rest of them would get over this, but Tim, Jr. didn't. You could look at him wrong and he would start to cry. He wouldn't get over these fights. If someone yelled at him, he didn't get over it. He was shy. He was isolative. He was avoidant. He was meticulous. He liked to alphabetize his little video games. He stayed by himself. They don't remember him having friends into this house. They don't remember him having friends outside of the family at birthday parties. His world was, basically, this house and school.
CASEY SECOR: And what did you get from family members that were not living in this home about their perception of whether or not it was a good place for a child to be?
DEBORAH GREY: He has an aunt who, at some point, when she had a young baby and needed a place to stay and she came to stay in the house. And within two weeks, she said this is too crazy for my baby, I'm getting out of here. And she left. And Tim, Jr. was still there.
CASEY SECOR: Because that was his home, right?
DEBORAH GREY: That was his home, yeah.
CASEY SECOR: And what age are we at for Tim, Jr. approximately at this point, do you think, or age range, rather?
DEBORAH GREY: This would be from about age three until about age ten, probably.
CASEY SECOR: Okay. And what's the really significant thing that occurs around age ten for his life?
DEBORAH GREY: His dad met and married, for the third time, a woman named Carolyn. And eventually, his dad moved in with Carolyn and they had two children, Tyler and Travis, Irish twins, born within about 11 months of each other. When Tim was ten, 11 and 12.
CASEY SECOR: All right. And I think -- I'll put up the demonstrative that you created for the environment that the social history shows existed with Tim and Carolyn's house, is that right? Is that an actual picture of the house?
DEBORAH GREY: Yes.
CASEY SECOR: And where is that?
DEBORAH GREY: It's in Illinois, outside of Chicago.
CASEY SECOR: All right.
DEBORAH GREY: I think it's in Algonquin.
CASEY SECOR: And if you would, tell us about what the social history says about the conditions of that family and the effects on the children in the family.
DEBORAH GREY: Tim had the perception that he wasn't wanted by his stepmother. He presented that to me and he presented it to another counselor that he saw back in 2012, that she told him that she wasn't wanted there. He felt unwanted, regardless of what she told him. She was a young woman with two small children and a budding adolescent for a stepson. Tim became very preoccupied with the idea that he wasn't wanted there. There was domestic violence in this house. In 1995, when Tim was 13 years old, there's a police report that shows that Tim, Sr. choked Carolyn and punched her in the chest. She wanted to sign a complaint saying this was an ongoing thing and once he was placed into custody, he began pleading with her until the complainant stated she wouldn't sign the complaint. But the police said they would press charges and they told him he couldn't go home for three days. And what Carolyn has told me is there were times when things would get violent between the two of them, she would call the police just to have him removed from the home. There was another police report just a year later that said that Tim, Sr. had struck Carolyn on the back of her legs and then choked her. And he was convicted of misdemeanor domestic battery and placed on supervision. So the relationship between Tim, Sr. and Carolyn had become one that had a lot of tension, a lot of fighting, arguing, yelling, threatening.
CASEY SECOR: And where would Tim, Jr. sometimes retreat to when things were really rough at Tim and Carolyn's house?
DEBORAH GREY: He would retreat to his bedroom if he could. Sometimes, he would go over to Roberta's house, but that had some issues. There were times at this point that he had some friends that he skateboarded with who had an opportunity to see Tim with his family and said that it looked to him, the person that told me this, that Tim looked like a scared puppy when he was around his dad. But Tim also got into religion about that period of time after his little brothers were born. He started going on the weekends to a church all-day-type experience that he really, really liked. And what he reported was that he felt lost and abandoned by a mother, but he felt loved and accepted by Jesus Christ. And so he was attending there on a regular basis. His father saw him becoming kind of extreme in his responses, that he was taking the Bible very literally. And came home and said we can't go swimming anymore because women are wearing bathing suits there and I can't be around things that might promote lust. He was critical of his stepmother for wearing shorts or for wearing pants because women should wear dresses and they shouldn't cut their hair and they shouldn't wear makeup. His father continued to tell him that he thought this was kind of warped and, eventually, Tim, Jr. left, stopped going to church.
CASEY SECOR: And he's about 12 at this age, Tim, Jr.?
DEBORAH GREY: Yes.
CASEY SECOR: And what's another -- from the perspective of a social worker, what's another event around that same time for Tim in his life?
DEBORAH GREY: One of the things that happened for Tim, Jr. was that he started hearing a voice inside his head that he called an imaginary friend. This was a voice that was there pretty frequently. He would talk to it. It would talk back. Sometimes he would talk out loud, but not if he knew there were people around. He knew on some level that an imaginary friend was something that was normal for little kids. But he wasn't a little kid anymore and so, he knew it wasn't completely normal. And he worried that maybe he was going to turn out like his mother and so he didn't tell anybody and he kept that to himself. The voice offered him comfort, offered him solace, offered him, in a sense, friendship for a kid who didn't have or feel like he had much of that going on on the outside. He got to a place where he started crying a lot, couldn't stop crying. Started ruminating, starting thinking about not having a mother, about how horrible it was to not have a mother. He started thinking that people could look at him and tell that he didn't have a mother, that there was something wrong with him that he didn't have a mother. When his family talked about his mom, they talked about her being crazy and so, he started wondering if maybe he was such a bad child that he had driven his mother crazy, that he had driven her away. This was on his mind a lot. He had reached the point where he thought people could look at him and tell he didn't have a mother because they could read his thoughts, they could know that. Somewhere about this time, he heard a voice. And this wasn't the voice of the imaginary friend, it was a harsh voice, it was a scary voice. It was something that scared him and frightened him and it said just go ahead and kill yourself.
CASEY SECOR: Around that very time, he's also assaulted by somebody in his neighborhood?
DEBORAH GREY: He was. He was sexually assaulted by someone in the neighborhood, a gentleman who coerced him into performing oral sex on him, something that he felt ashamed of, that he felt was dirty. And with everything else in his life, he kept it a secret.
CASEY SECOR: You talked about the violence going on in Tim and Carolyn's household. Also, the family suffers a significant loss around this same time. Tell us about what the social history -- or why that's important to the social history.
DEBORAH GREY: In 1995, Tim's younger sister, Elaine, Roberta's second child, died of cancer. She had had serious problems with drugs prior to that. She didn't realize until fairly late stage that she was ill and so she died quickly. And that loss was terrible for this family, terrible for Tim, Sr. and Roberta. Tim, Sr., who had been having problems with alcohol and violence in the home, his drinking increased. And, in fact, the second one of those police reports that I told you about came after his sister, Elaine, died. It was hard for Tim, too. He was very close to his Aunt Elaine.
CASEY SECOR: You've already said that Elaine's death has a major impact on her brother, Tim, Sr. Does that have ramifications for Tim and Carolyn's household and the environment there for the kids?
DEBORAH GREY: It did. Tim's relationship with his dad up to this point has been described as increasingly angry. That when Tim, Sr. would drink, he would become verbally abusive to Tim, calling him names, calling him a little MF'er. He would yell. He would say things like you think you're an F'ing man and would start throwing things around the house. One of the police reports we got reflects that he was throwing things around the house. And Tim kept a very low profile while that was happening. He tried to keep a low profile. He knew there wasn't anything he could do to stop it or to make it better. If he could get to his room, he would get to his room. But, frequently, his dad didn't want him to leave while this was going on. So after Elaine's death, Tim started drinking more. He drank Crown Royal. And the family knew if he showed up with Crown that it could be a difficult night, that he'd be drinking. Sometimes when he drank, he would get sad and just sob. Other times when he would drink, he would get angry and he would get violent. So it got worse for both Carolyn and for Tim.
CASEY SECOR: The things that Senior is doing, the behaviors that Senior is exhibiting during this period of time, from the perspective of a social worker, is this -- is it surprising that he sometimes acts this way in what he, Senior, has been through in his life?
DEBORAH GREY: Not at all. If you think about it, this is a family that has learned to self-medicate the pain that they have as a result of what they've been through in their lives. So he's drinking alcohol and he is violent, as his mom was violent, as his dad was violent. He is not dealing with his emotions in a way that is healthy. He's dealing with them by acting out, by fighting, by taking it out on other people.
CASEY SECOR: So as a consequence of that, I think there's a period of time around this time that Tim is living at Roberta's to try to escape some of this, is that correct?
DEBORAH GREY: He went to live with Roberta, I believe -- because the family moved from Roberta's neighborhood to a neighborhood one town over. And staying there with Roberta allowed him to continue in the same school for a year. So he stayed with Roberta during the course of that year. And subsequently, he went to live in another town and changed schools.
CASEY SECOR: That's something that I think I may have inadvertently skipped over. Up until this point in his life, what does his social history, your investigation tell you about Tim as a student and sort of his interest in education?
DEBORAH GREY: Tim had historically always done well in school, very well in school, 70th, 80th percentile in yearend testing. His grades were good. He was especially good in science and in math. And as he went on into high school, he was taking a lot of advanced placement classes, sometimes at the local junior college. So school was a place where he knew that he could excel. And also one of the things that I should add that the family has said is that Tim had always placed a very high importance on being right, on being the authority and on attention. And that is something that the family had noted from the time that he was a little boy. I look at that and I think about the fact that Tim was compromised socially, from the family's description. He didn't have friends. He didn't socialize. His currency, if you will, was his cognitive currency, his intellect. That was the way that he felt like maybe he could get respect, maybe he could interact with people. That was important to him.
CASEY SECOR: And his interest in school, sort of commitment to education, was that a theme in the family or is that kind of unique to Tim?
DEBORAH GREY: In Tim's family, his grandmother had come out in fifth grade and his dad pretty much stopped attending after the eighth grade and his mom came out in ninth grade. His family was so tied up in their own struggles that they had not been able to focus on education.
CASEY SECOR: And so around 15, the car accident that the jury has heard about. And, obviously, we don't need to talk about it a whole lot, but from your perspective, what's the significance of that for the social history?
DEBORAH GREY: Tim had two car accidents, each within a year of each other. In the first one, he injured his leg severely enough that he missed a lot of school, which is significant. He also had a head injury that subsequently was seen to be an old injury because it was caving in. If you're close to Tim, what you can see is he has this dent in his head and stitches run across it like a little zipper almost from the second injury. So the second one, same place, bashed the head once again and then he had multiple stitches there. What's significant is that nobody saw this as something that was needing treatment at that point. And there may not have been anything that could have been done at that point. What it caused in terms of changes for him over the course of his lifetime from then on is unknown. What the family says is that they haven't observed changes, that he just became a teenager. As he just became a teenager, he was somewhat different from how he had been before.
CASEY SECOR: Your Honor, do you want me to stop now?
THE COURT: That will be fine. I mean, if that's a good place to stop.
CASEY SECOR: Yes, sir.
THE COURT: All right. Y'all go and enjoy lunch. See you back in a little over an hour, hour and 15. Don't talk about the case. See you back in a little while.
(WHEREUPON, the jury was excused for a lunch break.)
THE COURT: 1:40, 1:45 be all right?
CASEY SECOR: Yes, sir.
THE COURT: All right. See you then.
(WHEREUPON, a lunch break was taken.)
RICK HUBBARD: May we approach?
THE COURT: Yes.
(Whereupon, a bench conference was held.)
THE COURT: Bring the jury in. (Whereupon, the jury came into open court at approximately 2:27 p.m.)
THE COURT: They're going to call something out of order. Mr. Young.
BOYD YOUNG: Your Honor, the Defense calls Amber Kyzer.