5.Ann Elizabeth Cunningham — Direct/Cross (Recall)
62 linesMS. FULFORD: we would recall Annie Cunningham.
JUDGE EVERETT: Ms. Cunningham, you remain under oath from being previously sworn.
KELSEY GUAY: Yes, sir.
JUDGE EVERETT: I'm just going to remind you that you are to tell the truth in this matter. You may be seated. And at this point, you will be examined.
whereupon, ANNE CUNNINGHAM was recalled as a witness, having been previously duly sworn, was reexamined and testified as follows:
JUDGE EVERETT: You may examine when you're ready.
DIRECT EXAMINATION BY MS. FULFORD:
MS. FULFORD: Thank you. If you could pull that microphone down, Ms. Cunningham.
ANN ELIZABETH CUNNINGHAM: Oh, sure. Thank you.
MS. FULFORD: Thank you. I have a question about your use of cell phone service, and we touched briefly on things like whatsApp. And what was the other one you said you use?
ANN ELIZABETH CUNNINGHAM: Viber.
MS. FULFORD: Okay. Viber. When you communicated with Mrs. Adelson, did you routinely use one of those apps?
ANN ELIZABETH CUNNINGHAM: Quite often, yes.
MS. FULFORD: which app did you use mostly?
ANN ELIZABETH CUNNINGHAM: whatsApp or Viber.
MS. FULFORD: All right. And as opposed to picking up and using the cell phone service, you would use those instead?
MS. FULFORD: Okay. I don't have anything further.
JUDGE EVERETT: Cross-examination?
CROSS-EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So you had gone to the airport after your last testimony, right?
ANN ELIZABETH CUNNINGHAM: That is correct.
MS. CAPPLEMAN: And returned to the courthouse?
MS. CAPPLEMAN: To tell us, what, that you used Viber or whatsApp to make that phone call?
ANN ELIZABETH CUNNINGHAM: Yes. Yes.
MS. CAPPLEMAN: So it wasn't a regular phone call?
ANN ELIZABETH CUNNINGHAM: Correct.
MS. CAPPLEMAN: Okay. So you misspoke earlier, or it just wasn't clear?
ANN ELIZABETH CUNNINGHAM: No, I said she called me.
MS. CAPPLEMAN: Okay. And she called you and made a regular phone call on June 23rd, the month before the murder, right?
ANN ELIZABETH CUNNINGHAM: I don't recall. She made many phone calls.
MS. CAPPLEMAN: And she called you on a regular line on July 20th, just two days after the murder; do you recall that?
ANN ELIZABETH CUNNINGHAM: If you say so.
MS. CAPPLEMAN: Okay. And July 21st --
MS. FULFORD: I'm going to object. I am going to object.
JUDGE EVERETT: One moment. what's the objection?
MS. FULFORD: The witness is not being shown the evidence that she's being confronted with.
JUDGE EVERETT: I believe she has not asked or --
MS. CAPPLEMAN: She hasn't asked to.
JUDGE EVERETT: -- she has not asked to recall or -- let me clear this up.
Ms. Cunningham, do you need to see the items that the State is referring to to refresh your recollection?
JUDGE EVERETT: would you like to see them?
ANN ELIZABETH CUNNINGHAM: Yes. If I spoke with her, I spoke with her.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. So you have no reason to contest that you spoke with her via a regular phone call June 23rd, July 20th, and July 21st?
ANN ELIZABETH CUNNINGHAM: If it's in the record, yes.
MS. CAPPLEMAN: But you're saying it was a WhatsApp or a Viber on the 18th?
ANN ELIZABETH CUNNINGHAM: Yes. They were in the car, and they often called on those apps in the car.
MS. CAPPLEMAN: would it surprise you to learn that whatsApp didn't offer voice calls until March of 2015?
ANN ELIZABETH CUNNINGHAM: Then it was on Viber.
MS. CAPPLEMAN: Must have been Viber, huh?
ANN ELIZABETH CUNNINGHAM: (Nods head.)
MS. CAPPLEMAN: Nothing further.
JUDGE EVERETT: Redirect examination for the witness?
MS. FULFORD: No thank you, Your Honor.
JUDGE EVERETT: You may step down, Ms. Cunningham.
ANN ELIZABETH CUNNINGHAM: Thank you.
JUDGE EVERETT: All right. We are certain she's good to leave at this point?
MS. FULFORD: I sure hope so, Judge.
JUDGE EVERETT: Have safe travels.
ANN ELIZABETH CUNNINGHAM: Thank you.