Name, spell it for the record. William. Good afternoon, Mr Hamilton. If you can do me a favor and make sure you speak to the mic so we can pull it down if necessary or scoot your chair up a little bit. So you're closer. Uh Mr Hamilton, where do you live? Charlotte? Charlotte. And how long have you lived in, in Charlotte? And do you have any Children, Mr Hamilton. How many Children do you have boys? All right. What's the name of your, your, your boys, William Tashaun Nairobi. And we are Wayne J got two sons. I got three boys named William. Three boys, William. All right. So you have three boys named William William Deshaun Hamilton. Where does he fall age wise? And who is William Deshaun Hamilton's mother? Uh Theresa Bon. And when was William born? Uh uh two thou I mean 92 1992 9. So tell me how did you meet Teresa? She was a neighbor and my sister kept uh well, my sister. So, what's your sister's name? Wanda. And so, uh were she friends with Teresa or? Ok. So they were friends and ultimately, uh you met Teresa through your sister? Tell me about that. Well, I, well, I was, I was hanging with a brother too though, but my sister, she was like, she like to me. Well, so she kept on insisting I talked to her. So we just hooked up. All right. All right. And you stated that um, you also knew Teresa's brother. Were you good friends with her brother? What was his name? How long would you say that you and Teresa dated approximately off and on. I'd say about five years and at the time when William was born, were you in a relationship with Teresa? And roughly, um, at some point, the relationship ended approximately. How old was William at the time? You and Teresa ended you all's relationship? I mean, I, I don't think it never it. And I mean, the relationship was already over with, but I'm saying, uh he was young when, when she start, I will, she was young. I mean, he was real young when, when we, when we split up? All right. Do you see Theresa in the courtroom here today? Can you please identify her by what she's wearing her location in the courtroom? Um, brown a soup. Uh You know, let the record reflect that this witness has identified that the defendant, any objection. All right, the record. So I want to talk with you about your relationship with Theresa when William was first born. Um, can you tell a jury how you lost relationship. Were I was I was, they said, you know, were you able to see William when he was first born? Were you able to take William around your family? Were you able to provide any type of items for William? Be it toys, clothes, shoes, anything of that nature? And did Teresa accept those items and, and, and take him in for William? We stay in the same house? Ok. So you all were living together at the time when we was first born? Do you recall where you all were staying? Um dear? All right. Is, was that in the house to which uh Teresa father lived or another house that you and Teresa got together on your, on your own? We got a problem. Ok? And this we all stay and so it's safe to say that or not just tell the jury when, when little William was first born, um you were there with him around the clock because you all were living in the same house. Did you help in uh bathing him and feeding him and things of that nature? Is that a yes. And at some point and your mother was also able to see William and your sisters. What about all of your other relatives? Were he able, were he, was he able to attend family functions? We come to the house, you see was all that, you know, may I approach? Sure. My husband has been Market State since 8078 for identification purposes. Oh Mr Williams. Do you remember uh Mr Hamilton, do you remember uh what's depicted in states exhibit 78? What is exhibited? What is depicted as states exhibit 78 women? Is that a photo of all three of you all back around after William was born? Is that a fair accurate picture of you, Teresa and baby William when baby William was first born? You know the town of state wishes to tender state exhibit 7878. So you all took a family photo together around that time. Do you know if you can approximate roughly um how many months was William in this family? It feels like but three months, three months. Ok. So, so you were around, everything was good and you are even missed. You all's like two of them out as a family dynamic altogether at some point in time, um Teresa had went away, right, who had custody of primary custody of baby William when Teresa was not around her mother, was her father around as well? All right. And did uh baby William live in their in their house? And while baby William was in the care of Teresa's parents, did you continue to see him? Did they allow you to take William to your parents' house? And was baby William allowed to spend the night over at your family's house at some point? Um Did you all buy things and give to the grandparents for William, did you all buy items and leave at your family's house so that he could have items over there when he came to that residence? How would you describe your relationship with William while William was living with Teresa's parents? How would you describe will's relationship with your family to include your mother and your siblings while William was in the care of his grandparents? At some point in time, Teresa regained custody of William. Can you explain to the jury whether uh when Teresa uh was back in the picture what the relationship was like with William? And it wasn't, I mean, I used to try to come and get him all the time but she was uh she had another, uh she was messing with somebody else. I couldn't never really get to see him. I mean, one time I went to go see him that she pulled out a gun but I couldn't come to see him. Judge objection. All right, I need to send you all back out for a second. Sorry. All right. Go ahead, Mr Rote. I didn't want you to say anything else about it in front of the jury. OK. You can, you can have ac judge our position is that there is no basis for this testimony and uh any of his prior statements, any of the other witness statements they've never seen said anything like this. This hasn't come up in this entire investigation and he's never said this before no other witnesses have said this and it's about him but, and it's, it's extremely prejudicial and you're out there. Well, one judge, um first I didn't elicit the information. Second, it's still intrinsic information. Um This is going to the dynamics of him trying to see William. Uh He can certainly impeach him since he stated that no one else or no other witnesses has made that statement. But nevertheless, no other parties was present during his time trying to get custody of his son. What's the relevance of her pulling out a gun? Well, your honor. I think it's in show sorry, hold on. I think it's intrinsic evidence to the fact that it's showing the dynamic of the relationship when he's trying to see his son and the reaction he is getting showing that um M Black is now allowing, not allowing someone to care for William when they are trying to not, which goes in direct contradiction to her statement that no one she didn't have any help, she didn't um have any family, any resources. And it shows in fact that she did have resources and that's how she treat other resources. She had resources in that he was willing to help. Yes, understand. Perfectly admissible. Not a problem. The problem is what is the relevance of her pointing pulling out a gun? That's what the, that's what drew the objection was the reference to the gun that is potentially character evidence unless there is some that wasn't the objection. The objection wasn't character evidence. He said it was in relativity, it was prejudicial. The gun was what sparked my concern. So what is the relevance of why does the state wanna introduce evidence for the fact that she had a gun? What's the purpose for that? I didn't want to elicit that information. So you your honor. We, we think that this evidence is in truly evidence and it goes to the fact that the length Teresa will go to prevent people from being in William's life, which directly impeached her statements that she didn't have any help, which in fact, she did was she went, her, her actions was so far to the fact of pulling out firearms on people to prevent them from being with life that it directly impeached her state or contradicts her statement that she provided to the police department. Your honor. All right. For response. Judge, they've established through multiple witness witnesses, including this one that, you know, their theory that, you know, she didn't want help or, or whatever they're trying to establish, that is not what we're objecting to and we haven't objected to the entire time. It's this, um, this phrase that he used about a gun or her using a gun when he asked to see William again. Never said this before. I think that's the issue that they didn't say it before isn't the basis, that's not a legal basis of an object judge as far as the relevance is not there. And the, it's extremely prejudicial in a case like this. Well, I, I your honor, I don't think it's extremely prejudicial. I think it is probative. Of course, all evidence is prejudicial to some extent. But whether or not the probative value is substantially outweighed by the judicial effect. And I question at issue. Right. I disagree that the probative value substantially outweighed. What Mr Hamilton is saying an argument in articulate, is that the level that Teresa went to prevent him from seeing his son directly impeached or contradicts the statement that she didn't have help. I understand you've articulated a reason. So, um I'm gonna overrule the objection. It'll be a center for that limited purpose. Do you want a curative or a limiting instruction for that? Ok. Judge, I don't, you don't understand why the gun being mentioned is probative. I know you, I know, but I've already ruled that she's articulated a reason um as to why it's relevant to show the lens that she was willing to go to concealed. What, what was the time period begun? This was uh this was while William was still alive. Yes. OK. So the, the length that she was willing to go to keep him from William to the extent it is relevant to contradict her testimony that she didn't have help, I'll, I'll allow it for that sole purpose. Do you want? So my question is, do you want a limiting instruction the state does on hearing. Yes, that specifies what purpose this is being offered. Ok. Here's Yeah. Yes. Get that one. Ok. But more pulling it, it's gonna be something along these lines. Um, you heard evidence that a defendant had a gun, you were only, you were directed to only consider this evidence for the purpose of how it contradicts the defense's statement that she had no available family to help and not for any other purpose. Whether or not this testimony contradicts such evidence is entirely for you to decide it's gonna be something along those lines. It's fine, isn't it? All right. I think we're good. I think, let me read it to you one last time you have heard evidence that the defendant had a time you only to consider this evidence for purposes of contradicting the defendant's statement that she had no available family to help and not for any other purposes. Whether or not this testimony contradicts such evidence is entirely for you to decide. Ok. All right. Let's bring Js back in. Yeah, don't have t. All right. Let me give you this. Um, some additional information. Ladies and gentlemen, sometimes evidence is admitted for a limited purpose. Such evidence may be considered by the jury for the sole issue or purpose for which the evidence is limited and not for any other purpose. You have just heard evidence that the defendant had a gun. You are to only consider this evidence for purposes of contradicting the defendant's statement that she had no available family to help and not for any other purposes. Whether or not this testimony contradicts such evidence is entirely for you to decide. Ok, I see. All right. So let's pick up where we left off at Mr Hamilton. Uh At some point, you went over to Theresa house to see your son. Can you tell the juror what happened? There was a couple of times I went over there like me and my mom went over there one time. Let's go back to the last incident you were talking about. You went over there by yourself. Oh, She had a little friend with her or something. I don't know, but I, I just couldn't, I couldn't come, I couldn't see him. Uh People let me come and take him with me and that she wouldn't let me take him to go see his brother and then that you said his brother. So, uh what is, um what is William? I mean, you said you have three sons named William. What is his second William's name? No, no, my second son is Deshaun. So uh I'm once I had Day Shaun and what is Deshawn's whole name? William. Ok. And what is your first son's name? Ok. So now you have Deshaun, right? Deshawn Hamilton. Uh and some were you, did you want to have William Deshawn Hamilton and Deshaun William Hamilton to have a relationship with him and Deshaun, we just want to call him Deshaun just so we can not be all confused, Deshaun mother someone other than Teresa. OK. So uh roughly how long did you have, how long after William was born? Was Dahon Mo? So how many years apart are I think this uh this 1, 25 I say about about five years, five years apart. OK. All right. So at some point, uh you have Deon, are you able to uh let William or to get William so he can meet his brother? Yeah, at some point, does Teresa come to know that you have another son? Yeah, we had to take them to go, we had to take little women to go to school, right? By signing up for school. So who took Little William to school to sign him up for school? Me and Teresa? All right. And how did you all get there? All right. And so at this time, roughly how old is Little William when you were enrolling him in school? All right. So he was going to the public school or daycare? What kind of school was it? Public school? Ok. So are you were walking to school? Walking to enroll little William in school with Teresa? All right, tell me what happened to me. We signed up to school and then got to that. But uh uh my mother uh she, she brought him around and he got, he got to spend the night one time with me uh with his brother just one time from the time he and did Theresa know or did Teresa come to learn that Deshaun was at the house? Ok. So at some point, um when does Teresa stop you or no longer allow you to see William? Oh, as soon as that happened, it was that would that, I mean, it was way before then I couldn't see when. The only reason why I got taken to see when I mean, they shot that time is because I went and helped to sign up school. That's the only reason why that happened that time. And so uh you signed William up for school and were you able to see William after you signed him up for school? All right, during your time, this time frame uh before you sign people up from school, um Were you able to buy him things and give them to individuals to give? I could buy him anything but still I could see him. Did you ever provide maybe any per family members? What item you have brought to give to William? And who was that? And who was Edward? So uh you were essentially communicated through little William through his uncle Edward. Uh Do you recall whether or not your mother was allowed to get William during this time? Sometimes she go get a but that was, that was, that was like a couple of times too. Do you know whether or not were you present at some point when, um, your mother got William and went to take him back to Teresa's house. Ok. At some point, uh, did you come to learn that Teresa, uh, had married an individual? Right, while they were married? Did you ever go to the house to try to see William while they were there? Yeah. We, I stayed right down the street from them, then I stayed right in front of, uh, the town but I stayed right there. I stayed in the front and they stayed, like, in the middle of a great time. I used to go up there and try to see him but she was like, he was in Atlanta with his family. That's all I, that's all I ever heard was he is in Atlanta with his family. And, um, did you hear that information from Teresa as well as her husband? I got it from mother.
