K.M.

Date of Birth: 1/17/79

At Fells Acres Day School: 6/81-6/83

Medical: Nothing

"Disclosure": 12/29/84 or later

I. Non-Sexual "Hurting" Allegations:

• After repeated leading questions from Susan Kelley, K.M. states that Tooky took her picture 5 times. It was a big, black camera. (Pre-Trial Reports, pp.202-203)
• Tooky took pictures of K.M. with her clothing off in the "magic room." (Vol. 25, pp.25-26)

• All she remembers about Tooky is that she took pictures and drove her and other kids to school. (Vol. 25, p.104)

• Asked by Susan Kelley if she saw any bad clowns at Fells Acres Day School, K.M. replied, "I know where Jimmy and Katie saw the clowns." Asked where, K.M. said, "When Caldor's opened up." (Pre-Trial Reports, p.206)

• K.M. forgets the names of the teachers who were in the "magic room" along with Miss Vi, Miss Cheryl and Tooky. They were adults, these teachers, and they were "bad." (Pre-Trial Reports, p.207)
• Tooky brought K.M. from her upstairs classroom to the "magic room." (Vol. 25, p.22)

• She doesn't remember how Tooky got her to the "magic room." (Vol. 25, p.91)
• Her mother told her to remember about the "magic room," a "secret room," and a camera. (Vol. 25, pp.97-98)
• On Direct (!):

• K.M. "revealed" both verbally and with anatomically correct dolls" to her therapist, Dr. Laurie Brandt, "that Tooky had her and other girls undress to be photographed." (Interviews, p.210)

• On direct at trial, at first she doesn't remember if anyone did anything with her clothes in the "magic room." (Vol. 25, p.22)

• Therapist Dr. Laurie Brandt's report on 1/11/85:

• Susan Kelley repeatedly asked K.M. if she had seen any naked adults, and got no answers from K.M. (Pre-Trial Reports, pp.216-218)
• All K.M. remembers about Tooky is that he took [pictures and drove her and other kids to school. (Vol. 25, p.104)

• Tooky touched her with his hand when her clothes were off. (Pre-Trial Reports, p.212)
• Susan Kelley, using a doll and asking leading yes-no questions, gets K.M. to say "bad" when asked how she felt "when the finger [of Tooky] went inside you." (Pre-Trial Reports, p.214)
• Using nude drawings, Kelley asks K.M. to draw circles on body parts. With leading questions, she hears K.M. say "inside" when asked where on her bum Tooky went. (Pre-Trial Reports, p.220-222)
• At trial, on direct, after K.M.'s initial denials, there are leading questions and the display of an anatomical doll. K.M. then says "yes" when asked if Tooky touched the inside of her vagina. (Vol. 25, pp.26-30)

• On cross, K.M. says that all she remembers about Fells Acres Day School is "the slide, the sandbox, the swing, that's it." (Vol. 25, p.84)
• When Susan Kelley asked K.M. to draw a circle around the body parts of a nude drawing that would show where Tooky allegedly inserted a finger, K.M. drew a circle around a mouth. (Pre-Trial Reports, p.218)
• She doesn't remember anything about Tooky. (Vol. 25, p.84)
• Asked how she remembered "the stuff about Fells Acres," K.M. replies, "my mother told me." (Vol. 25, p.97)
• K.M.'s initial response on direct: Nothing happened to any parts of her body in the "magic room." (Vol. 25, p.26)
• Throughout K.M.'s trial testimony, there are lots of "I don't remember" responses. (Vol. 25)

• In response to Susan Kelley's leading questions about what was the "scariest part" at Fells Acres Day School, K.M. says, "taking off the clothes." (Pre-Trial Reports, p.216)
• Asked on direct if she was scared to tell her Mommy, K.M. says "yes." (Vol. 25, p.29)

• There is no testimony at trial by K.M. about threats if K.M. should report what was going on. (Vol. 25)