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2-28-08 am Briana Waters Trial (this is a summary and not intended to be a complete transcript) From 8:30 to 10:30, the

lawyers suggested jury instructions. 10:45 Prosecution presented one rebuttal witness: FBI Special Agent Christopher Ford who works out of the Seattle FBI office. He was instructed by the prosecutors to drive from Ralphs Thriftway in Olympia to the Green Lake Bar and Grill (Inn?) in Seattle. He said it took him 67 minutes to drive the 68 miles at 60 mph. He said that according to Naval astronomical records, on May 20, 2001, sunset was at 8:45 pm and civil twilight was at 9:24 pm. He also looked into BWs Jan. 2002 hospital visit, which reported that she was at intake at 6:23 am and she was discharged at 10:20 am. Prosecution: no further questions Defense (D), Neill Fox, cross examination of SA Ford: D: You took I-5 and exited at the NE 65th exit (Rovena)? A: Y D: You did not drive to the UW? A: N D: Did you keep your speedometer at 60 mph? A: Y D: Did you have gasoline or electronic devices in your car? A: N D: Are there traffic cameras along I-5? A: Y D: Are there other routes to get from Olympia to Seattle A: Y D: Do you know if there are traffic cameras on those other routes? A: I dont know. D: Are you aware if there was Tacoma Doem traffic on the night of May 20, 2001? A: N

D: Were you aware that there was a Seattle Mariners game that evening? A: No, I was not. D: Traffic after ballgames is usually heavy on I-5, correct? A: Y D: Hwy 520 is an option, but you have to cross that bridge, correct? A: I guess so. exhibit (x) A216 flyer for a street fair in Seattle on May 20, 2001 D: Were you aware of this fair? Were you aware that oten they shut down streets during street fairs? A: Im not familiar with street fairs. Im not aware of the traffic patterns on May 20, 2001. xA217 webpage or flyer? about the street fair and road construction during May 2001 It described road construction in the UW area, including a shutdown of 50th St. and the reduction of I-5 down to one lane. xA215 article form the 5-3-01 Seattle Post-Intelligencer describing backups on I-5, a couple of weeks of road construction, half the lanes on I-5 closed SA Fords driving times reported did not take these things into account. Witness dismissed. Prosecution case closed Case closed

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