STATE OF SOUTH CAROLINA) ) IN THE COURT OF GENERAL SESSIONS COUNTY OF UNION ) THE STATE ) ) TRANSCRIPT OF RECORD -vs- ) 94-GS-44-906 ) 94-GS-44-907 SUSAN VAUGHAN SMITH, ) ) JULY 27, 1995 Defendant. ) UNION, SOUTH CAROLINA B E F O R E: HONORABLE WILLIAM HOWARD, Judge; and a jury. TESTIMONY of BEVERLY RUSSELL, JR. A P P E A R A N C E S: TOMMY POPE, ESQUIRE, SOLICITOR. KEITH GEISE, ESQUIRE, ASSISTANT SOLICITOR Attorneys for the State. DAVID BRUCK, ESQUIRE JUDY CLARKE, ESQUIRE Attorneys for the Defendant. Michael R. Watts Circuit Court Reporter Page 1 1 INDEX 2 3 WITNESSES PAGE 4 BEVERLY RUSSELL 5 Direct Examination by Mr. Bruck 4 6 Cross Examination by Mr. Pope 22 7 Redirect Examination by Mr. Bruck 31 8 Page 2 1 EXHIBITS 2 NO. DESCRIPTION ID. EV. 3 (NO EXHIBITS MARKED) Page 3 1 (Proceedings, July 27, 1995) 2 * * * * * 3 MR. BRUCK: Thank you. We call Beverly 4 Russell. 5 BEVERLY RUSSELL, JR., having been first duly 6 sworn, testified as follows: 7 DIRECT EXAMINATION BY MR. RUSSELL: 8 Q Your full name for the court reporter, please, 9 sir? 10 A Beverly C. Russell, Jr.. 11 Q Mr. Russell, do you live here in Union? 12 A I do. 13 Q And how long have you lived in Union? 14 A 1960. 15 Q And do you know the defendant Susan Smith? 16 A Yes. 17 Q And how do you know her? 18 A She's my stepdaughter. 19 Q Mr. Russell, first I would like to ask you a 20 couple of questions about the time between October 21 25th and November 3rd. 22 Where was Susan Smith living during those days? 23 A She was in -- in our house. 24 Q With you and your wife? 25 A Yes. Page 4 1 Q Linda Russell, her mother. 2 A Yes. 3 Q What concern, if any, did you all have about 4 any physical concern about Susan? And what did that 5 concern lead you to do, if anything? 6 A Well, I was concerned because of her past 7 depression and problems we had about suicidal 8 attempts. I just immediately thought this emotional 9 state we were in, we were all in, but particularly 10 for Susan, to take the handguns. I had pistols. I 11 took them to my office. 12 Q So normally you keep several handguns in your 13 house? 14 A That's right. 15 Q And you did what with them? 16 A Took them to my office. 17 Q Had there ever been a time in your life in 18 which you had taken any sort of a similar action 19 because of Susan? 20 A Yeah, when she was approximately thirteen years 21 old, there was some indications of some suicide, and 22 she was preoccupied with suicide, some things like 23 that. And I didn't remove the weapons from the 24 house at that time, but I did take measures to take 25 the ammunition away, put it where she couldn't find Page 5 1 it. 2 Q I see. Now, there has been a great deal of 3 testimony about the -- and videotapes in this trial 4 about the media, appearances about Susan pleading 5 for the return of her children on television. 6 Was Susan directing the media effort that was 7 mounting? 8 A Absolutely not. 9 Q Can you describe how that unfolded and what 10 role Susan played as opposed to other members of the 11 family and other people? 12 A Well, my background is such that I've done a 13 lot of things relative to political campaigns. And 14 I more or less went into a campaign mode myself. 15 Q Went into a -- I'm sorry? 16 A A campaign mode, if you will, to try to get 17 some attention focused to find these boys. That's 18 all could I think about. When a lot of them, even 19 that night, a lot of our friends and relatives, were 20 out in the county looking and trying to see if they 21 could spot the car. Even during the next day, I 22 stayed at home by the phone trying to activate as 23 much as I could for that purpose, to bring as much 24 attention to find this car. 25 Q And you said that you have had a lot of Page 6 1 political experience? 2 A Oh, yeah. 3 Q You have run political campaigns? 4 A Yeah. 5 Q You have been a candidate? 6 A Yes. 7 Q And that's what you mean by campaign mode? 8 A That's right. 9 Q Now, was Susan participating in all of that 10 with you? 11 A No, no. She was very distraught. I mean, she 12 was not with any composure at all, especially fresh 13 in the early morning hours, twelve, one, two, three 14 o'clock when we were just waiting for the sheriff to 15 call or waiting for something. 16 Q Do you recall any time at all in which Susan 17 volunteered to be on television or to do something? 18 A Never did she volunteer. In fact, we had to 19 sell her on the concept that we got to do -- we have 20 got to find these boys. We have got to let the 21 nation know. You have got to do it. All of us were 22 involved in that effort to encourage her to do that. 23 Q And she eventually complied? 24 A Yes. And there may have been a time there that 25 she even wouldn't do it at all, and probably was. Page 7 1 Q Do you recall if she was under any medication 2 during this time? 3 Please help yourself to some water. 4 A Ask me that question again, please. 5 Q Do you remember whether Susan was taking any 6 medication? 7 A She had -- she wasn't taking any initially, but 8 that -- 9 Q Right. 10 A The next morning, I guess about seven or eight 11 o'clock, I heard extreme wailing, crying coming -- 12 Q This was the next morning? Wednesday, the 13 first full day? 14 A The next day, about -- it may have been about 15 eight o'clock, or something like that. We have -- 16 for Michael and Alex, we have a swimming pool in the 17 living part of the house where we put the toys. 18 Q Take your time, Mr. Russell. We have got all 19 the time you need. 20 A And we had such a house full of family and 21 friends, and I guess Linda had moved the swimming 22 pool with the toys and everything into the -- 23 And I heard all this wailing coming from 24 Michael's room. And I went in there and I thought 25 we must have got some news, it was just bad news, Page 8 1 and I didn't hear the phone ring or anything. And 2 it was Susan laying on the floor, one arm over into 3 the pool holding just a bunch of toys and crying, 4 and just wailing. 5 Q Wailing? 6 A Yeah, just a terrible noise. 7 And at that time I think it was I, it might 8 have been Linda. But I think it was me that called 9 out Dr. Owens. And he called in a prescription, and 10 someone went to get it for some type sedative. 11 Q And she took that? 12 A She took that. And as I recall, on the bed, 13 none of us had had any sleep during that particular 14 time, and she hadn't either. 15 Q Did she continue to take sedation during that 16 time? 17 A Yeah, we had it refilled. 18 Q What effect, in any, did that have on her, that 19 you noticed? Did it make her sleep? 20 A Oh, yeah, it seemed to be the only rest that 21 she could get. 22 Q How did she spend, if you know, most of those 23 nine days? What was the range of her activities? 24 A Most of it was spent, seemed like to me, at 25 least answering questions. And then most of the Page 9 1 times when she would get home, it was sedation and 2 going to sleep. 3 Q Sedation and going to sleep? 4 A Very passive. Of course, it was just a lot of 5 people there with family and friends. We had a 6 house full. People sleeping on the floor and 7 everything. 8 Q Of course, Susan lied to everybody, didn't she? 9 A Yes. 10 Q And she didn't admit the truth to you either 11 during this time? 12 A Oh, no. Oh, if she had, I would have gotten 13 you before then, you know, because we -- we 14 encouraged this thing about the media. We 15 encouraged her to talk with Sheriff Wells. We were 16 wanting to find the boys. 17 Q Mr. Russell, I would like to show you a little 18 bit of tape. I don't know. Can you see the TV 19 screen from where you are? 20 A Yes. 21 Q And we will just play it. It's only about a 22 minute or two, and I'll ask you to identify who is 23 in it. This actually it's -- this is Defendant's 24 Exhibit 47 admitted, or at least I understand the 25 State has no objection to it. Page 10 1 MR. POPE: That's correct, Your Honor. 2 MR. BRUCK: We offer it. 3 THE COURT: Okay. You may publish it at this 4 time. 5 That's 47, is that right? 6 MR. BRUCK: Yes, 47. 7 THE COURT: Without objection. 8 (Whereupon, at 3:39 p.m., Video Tape was played 9 to the jury panel) 10 (Whereupon, at 3:41 p.m., Video Tape was 11 concluded) 12 Q Mr. Russell, who all was on that tape? 13 A It was me holding and playing with Alex, and 14 sounded like Linda's I heard. 15 Q That was Linda's voice in the background? 16 A Yes. 17 Q And that tape was made where? 18 A In our den sitting in my recliner. 19 Q I'm sorry? 20 A Sitting in my recliner, I was. 21 Q And did that date appear to be accurate? 22 October 30th I think was the time stamped on the 23 tape. I don't mean to the day, but is that, likely 24 given his age, about right? 25 A Yeah, I would say so. Page 11 1 Q Was it unusual to have Alex over at your house? 2 A It was regular. 3 Q Regular? 4 A Yes, sir. 5 Q And Michael? 6 A Yes. 7 Q Tell me about how much you saw those kids and 8 what sort of relationship that you had with them? 9 A We would see them -- I would see them every 10 week, at least. They would be coming when Susan 11 would bring them five or six -- on Sunday, that was 12 just a regular Sunday dinner. Then their being 13 there all afternoon, and usually not going home 14 until about dark. 15 And then sometimes -- often sometimes through 16 the week they would be there. Of course, I wouldn't 17 see them unless they were there in the evening. But 18 that was often too. 19 Q You were close to those boys? 20 A Oh, yes. 21 Q What was it like when you found out that Susan 22 had killed them? 23 A It was the worst shock I ever had heard and I 24 couldn't believe it. 25 Q Take your time. That's okay. Page 12 1 A It was -- we, as a rule, were not watching 2 television because it was just so hard. And we 3 don't watch it because we felt like we could watch 4 the news, if there was a news conference with 5 Sheriff Wells in it, that he never got into the 6 things that were hurting us and hurting us 7 emotionally. 8 And he was going to have a news conference, 9 along with some pastors. And as we were watching 10 it, the news began to break, that Susan has 11 confessed to something, that it, you now, just kept 12 inching out the details, until finally the worst of 13 the bad news -- I can't hardly say it. It was that 14 bad, it was so devastating. Our church people were 15 there, bring supper to the family. It was just 16 crushing, crushing. 17 Q And the sheriff arrived by helicopter? 18 A Yeah, we heard it by television. But Sheriff 19 Wells said he couldn't come sooner, even though that 20 news people somehow got -- I guess that was the 21 first of the leaks, but he said he just hadn't 22 knowed for sure that's what happened, until get the 23 car out and confirm it. And he was over to the 24 house in a helicopter. I heard it coming. I just 25 thought it was another one of those news Page 13 1 helicopters. And then that whole evening the news 2 media was just all over our house. 3 Anyways, he explained -- Sheriff Wells 4 explained that he couldn't get there any sooner 5 because he had to determine what would happen. 6 Q What happened when he came? 7 A He came in the front door and everybody 8 gathered around him. And just said the worst news. 9 "you know, it's not good." And it was just -- it 10 was horrible. 11 Q Can you tell us what effect this has had on 12 Susan's mother Linda? 13 A Well, she's had extreme -- it's so horrible. 14 It's almost unbelievable to look in her face and for 15 us to know what's happening. It's just crushed her 16 and it still crushes her. 17 Those children were absolutely her heart, and 18 they still are her heart. She -- we have been in a 19 situation we can't -- I mean, she has put every bit 20 of resource that she has - emotional, spiritual, 21 physical - right now into holding onto Susan's life. 22 That it's -- it's been -- we can't even get to the 23 grieving process further with Michael and Alex. 24 Q Why not? 25 A We are still focusing in on trying to save Page 14 1 Susan's life, and it's just -- it's terrible what -- 2 she's -- I just -- I just don't know how she would 3 be able to cope if she gets the death penalty. 4 Q Did there come a time -- you were married 5 before you were married to Linda? This is your 6 second -- 7 A Yes. 8 Q This is your second marriage? 9 A Yes. 10 Q And you had some children, three daughters? 11 A That's right. 12 Q And they are now grown -- 13 A That's right. 14 Q -- or just about. And you have some 15 grandchildren? 16 A That's right. 17 Q Did there come a time when had you to explain 18 what happened to Michael and Alex to your 19 grandchildren? 20 A Well, my daughters did that. But the 21 explanation went like this. Even -- 22 Well, they have been around. They have seen 23 Susan with the children. They have seen them. They 24 have seen Susan love Michael and Alex. And it 25 doesn't make sense no more to them than it does to Page 15 1 any of us. 2 And in our way of explaining, for them to try 3 to understand is that Susan was sick. Susan, even 4 though she loved her children, what happened was 5 from a sickness. And they have somewhat accepted 6 that. 7 Q How old is Jessie, I'm sorry? 8 A Jessie was born 9-1 of '91. 9 Something came on the television, and it was 10 just one of those -- we can't watch television 11 without hearing it. So she says that Susan is 12 already dead. 13 Q Susan is? 14 A Already dead. So we have to go back and 15 explain that no, she's -- you know, all this stuff 16 that she's been -- 17 Q This is your granddaughter, who would be four 18 in September? 19 A That's right. 20 Q Thought that Susan was already dead? 21 A Yeah. 22 Q And you explained that she's not? 23 A That's right, yeah. And we -- particularly 24 with Lane and Morgan, they went to the same 25 day-care. Page 16 1 Q How old are those grandchildren? 2 A Lane was born in January of '91. And Morgan -- 3 Q So he's four? 4 A Morgan was born in April of '93. 5 Q I interrupted you. 6 A They were in the same day-care. 7 And the way Susan would come in and, or my 8 daughter Lorie would come in, they were always 9 picking up all the same babies. And they knew too 10 very much how much Susan loved them. It's just so 11 conflicting, you know. 12 And I don't know how we could explain to them 13 now, you know, if Susan gets the death penalty how 14 we are going to say that well, even though she was 15 sick, they are going to kill her for being sick. In 16 the child's mind, we can't -- we can't justify it at 17 all. 18 Q Do you know how Susan feels? 19 A Yes. 20 Q About -- 21 A About the death penalty? 22 Q Yeah. 23 A Sure. I have talked with her about it, and I 24 have had correspondence with her about it. And she 25 really hadn't dealt with it much, only to say that Page 17 1 she would anticipate the death penalty, that it 2 would be a way that she could go to heaven and be 3 with Michael and Alex and she wouldn't be 4 responsible. 5 For instance, the other side of the coin being 6 suicide, she's not too sure if she would make heaven 7 or not, that being maybe a last sin that would be 8 unforgiven. 9 Q That suicide might be a sin that cannot be 10 forgiven? 11 A That's right. But let me say this too. That 12 the death penalty is no threat to Susan. It's a 13 threat to Linda, to Michael, Scotty, our 14 grandchildren, me, all these people. It's a threat 15 to our community. 16 Q Mr. Russell, back in the middle of June did you 17 have occasion to write Susan a letter? 18 A Yes, sir. 19 Q Did you bring a copy of it with you? 20 A No, sir. 21 Q I would hand you this copy and ask you if 22 there's a portion of this letter that you would like 23 to read to this jury? 24 A Sure. 25 MR. POPE: If it please the court, Your Honor, Page 18 1 can I see the letter? 2 THE COURT: You have not seen it yet? 3 MR. POPE: No. 4 THE COURT: Yes, if you would then. 5 MR. BRUCK: I'll just show our copy to the 6 solicitor. 7 MR. POPE: If I can have a moment to look at 8 it. 9 MR. BRUCK: We do not intend to admit the 10 document. We intend to publish it. 11 MR. POPE: If it please the court, I hadn't 12 finished. I thought Mr. Bruck was going to 13 determine what part he was reading. I apologize for 14 delaying the court. I just haven't seen the letter. 15 THE COURT: I understand. Take your time. 16 MR. POPE: Thank you. 17 THE COURT: All right. Now, you intend for 18 this witness to publish a portion of this letter to 19 the jury? 20 MR. BRUCK: That's correct. 21 THE COURT: And is that without objection? 22 MR. POPE: No objection, Your Honor. 23 Q Mr. Russell, you told me that you did send a 24 letter in the middle of June to Susan? 25 A That's correct. Page 19 1 Q And I believe I eventually got a copy of it? 2 A (shaking head yes) 3 Q And asked you to look at it again, and I would 4 like you now, if you would, to read the portion of 5 the letter that you would like to read to this jury. 6 A "I must tell you how sorrow I am for letting 7 you down as a father. I had responsibilities to you 8 in which I utterly failed at. Many say this failure 9 I had nothing to do with October 25th. But I 10 believe differently. Of course had I known at the 11 time what the result of my sin would be, I would 12 have mustered the strength to behave according to my 13 responsibilities. Looking back - I was the most 14 important male figure in your life. Harry died when 15 you were too young to have been established in 16 relationship to him. When I came into the family, 17 you leaned on me and looked to me for support and 18 love. But when the line was crossed, I failed you, 19 Linda, God, and the rest of my family. My remorse 20 goes way past sorrow for getting caught and exposed 21 which is significant in itself. But to see 22 unfolding before our eyes the principal of reaping 23 and sowing; to lose Michael and Alex; to see you in 24 prison; to see Linda crushed with extreme losses, 25 for me to lose the whole family relationship, and Page 20 1 the hurt to my children. And all you needed from me 2 was the right kind of love. I had the capability to 3 do the right thing and missed the mark. I don't 4 pour this remorse out to ask for your forgiveness. 5 You have already done that and I have accepted your 6 forgiveness. But I want you to know that you don't 7 have all the guilt of this tragedy. Had I been true 8 to you and my responsibilities, you would have been 9 stronger in yourself; not needing to be constantly 10 supported and reassured emotionally. I should have 11 helped prepare you to meet the challenges of the 12 world, to be more independent. But now I see that I 13 had a negative impact. Instead, you left home 14 always looking for love and acceptance. My heart 15 breaks for what I have done to you, and for the pain 16 and your loss. 17 However, we must go on with life, learn to look 18 forward and to serve Him who saves us and who holds 19 Michael and Alex. We will get through this with 20 God's grace and power." 21 I think that's what you wanted me to say. 22 Q Mr. Russell, did I ask you to write that letter -- 23 A No. 24 Q -- to your stepdaughter? 25 A No, you never asked me to write anything, any Page 21 1 letter. 2 Q Was that written so that it could be read in 3 court? 4 A No. 5 Q Mr. Russell, why did you write that letter? 6 A It was a Fathers Day. Those days are special 7 to Susan, and I knew she needed a letter. 8 Q It was Fathers Day? 9 A Yes. 10 Q Please answer any questions that Mr. Pope may 11 have. 12 THE COURT: Counsel, cross-examination? 13 MR. POPE: If it please the court. 14 THE COURT: Yes, sir. 15 CROSS EXAMINATION BY MR. POPE: 16 Q Mr. Russell, you told Mr. Bruck about -- 17 THE COURT: Counsel, I think you are going to 18 need to keep your voice up. I don't think the jury 19 can hear you. 20 MR. BRUCK: I know I can't. 21 Q Mr. Russell, you told Mr. Bruck about the nine 22 days in October and November? 23 A Yes. 24 Q And during those nine days, Susan Smith never 25 told you anything different than the carjacking, is Page 22 1 that correct? 2 A That's right. 3 Q I'm not sure. I may have misunderstood you. 4 You said that Susan had lied, if she had told you, 5 you would have gotten Mr. Bruck sooner? Is that 6 what you had said? 7 A Yes. 8 Q Okay. So you retained Mr. Bruck -- 9 MR. BRUCK: Objection, Your Honor. 10 THE COURT: Yes, counsel, would you like to 11 approach the bench? 12 (lawyers approached the bench) 13 THE COURT: Ladies and gentlemen, please 14 disregard the last question. 15 Q Mr. Russell, Mr. Bruck asked you whether you 16 wrote this letter at his request, and you said you 17 didn't, is that correct? 18 A That's correct. 19 Q And you said that at the beginning of the 20 letter, you said "I had just talked with Judy." Who 21 is Judy? 22 A Judy Clarke. 23 Q And this was on June the 17th of '95? 24 A Yeah. Yes, sir. 25 Q And in the close when you said "Judy just Page 23 1 called for me to meet her again." That was Judy 2 Clarke? 3 A Uh-huh. 4 Q And you said that this letter wasn't written in 5 anticipation for court in any way? 6 A That's right. 7 Q And it was written as a Fathers Day letter from 8 you to Susan? 9 A Yes, sir. 10 Q But then Mr. Bruck asked you to bring it to 11 court, is that correct? 12 A He didn't ask me to bring to it court. He 13 asked me if I would be willing to read a portion of 14 it into court. 15 Q Did you make Mr. Bruck aware of the existence 16 of this letter? 17 A Well, it was our course of transferring 18 letters. Actually Judy had called me. And at the 19 day I believe I hadn't met her until that day. But 20 she was going to be coming to Union and delivering a 21 letter from Susan to me. So I quickly drafted that 22 to hand her when she gave me the letter to Susan. 23 So that was how that came about. 24 Q So Ms. Clarke knew about this letter because 25 you gave to it her that day? Page 24 1 A I gave her that letter, yeah, to take to Susan. 2 I never mailed a letter to Susan. I always used 3 some of the defense team's personnel just to hand 4 carry it. I never mailed one. 5 Q Was the letter sealed in an envelope? 6 A I don't recall. I don't know. It may have 7 been. 8 Q Mr. Russell, you had talked about the need to 9 remove the weapons from the house. You still had 10 like a rifle in a gun cabinet there in the den? 11 A Sure. 12 Q And that remained in the house? 13 A That's right. I did remove the ammunition. My 14 thought on that was that Susan didn't have the 15 ambidextrous or the skill to even know how to load 16 one of those, you know. 17 And knowing that a pistol is much more 18 efficient, and really so many people in that house, 19 she could have hardly approached that gun rack. I 20 mean, it was right in the middle of the den. 21 Q Mr. Russell, you said in your letter that you 22 had read to the court that if you had known at the 23 time, you would have mustered the strength to 24 behave, I believe, is that correct? 25 A Behave, according to my -- I don't remember how Page 25 1 I worded it. I would be glad to read it. 2 Q Where -- yes. I don't want to misquote. 3 A Go ahead. 4 Q I just need -- "had I known at the time what 5 the result of my sin would be, I would have mustered 6 the strength to behave according to my 7 responsibilities." I think it may -- 8 A Right here. 9 Q Could you read that? 10 A "Of course had I known at the time what the 11 result of my sin would be, I would have mustered the 12 strength to behave according to my 13 responsibilities." 14 Q And when you say the result of your sin, you 15 are talking about the death of Michael and Alex? 16 A I think there is a lot of responsibility. A 17 lot of results in that. And I think, yeah, there 18 was some responsibility on my hands, because I 19 wasn't able to do what I should have done as a 20 father, to give her the love and support that a 21 father should give. And I let her down in that 22 regard, and it may have prolonged her mental 23 illness. 24 Q Now, when you say mental illness, you are aware 25 there is testimony that she knows right from wrong Page 26 1 and that she has the capacity to conform her 2 conduct? You are aware the defense expert said 3 that? 4 A Yes. 5 Q You indicated that she said -- or she believed 6 that suicide -- or had some questions about suicide 7 being a sin that could not be forgiven? 8 A That's right. 9 Q Again, would that be like the last sin that you 10 would commit before death? 11 A Yeah, without being forgiven for. 12 Q And then consequently that would determine 13 whether you went to heaven or hell? 14 A That's right. 15 Q Mr. Russel, are you currently -- what is your 16 status with Ms. Russell now? Are you there at the 17 house now? 18 MR. BRUCK: I'm sorry, I couldn't hear that 19 question. 20 Q I said what is your status with Ms. Russell 21 now? Are you there at the house now, or -- 22 A We live apart. 23 Q And that is a result of the disclosures that 24 have come out -- 25 A You were aiming at something over here. I Page 27 1 don't know what it is. 2 Q I'm sorry, sir, this is just October and 3 November of 1994, the whole sequence of events. 4 Is that the result of -- 5 A Give that question again. I'm sorry. 6 Q That your moving out was as a result of 7 disclosures involving you and Susan that came from 8 this event? 9 A No. 10 MR. BRUCK: Objection to relevancy, Your Honor. 11 THE COURT: No, it's cross-examination. I'll 12 allow it. 13 A No, not -- be more specific with your question, 14 because I'm -- 15 Q I'll try to be. 16 You and Ms. Russell are separated, is that 17 correct? 18 A Yes. 19 Q You were separated as a result of the 20 disclosures from the October 25th event, the 21 disclosures that followed concerning you and Susan? 22 A No. 23 Q Prior to October 25th, were you separated -- 24 A No. 25 Q -- from Ms. Russell. Page 28 1 Mr. Russell, your relationship with Susan Smith 2 continued after she was outside the home, is that 3 correct? 4 A What kind of relationship are you talking 5 about? Are you talking about out of the home? Like 6 what age? What are you talking about? 7 Q When she moved out of the home, when she was 8 married, she was no longer living under your roof, 9 your sexual relationship with her continued, didn't 10 it? 11 A There was a long gap and it reoccurred. 12 Q Could you tell me or tell the jury when that 13 gap was and when it reoccurred? 14 A I would say probably during the year of 1993. 15 Q Is when it began? 16 A And I can't -- I cannot be specific with you on 17 that. It was -- 18 Q That's when it began to reoccur? 19 A Right. 20 Q And it continued up until shortly before 21 Michael and Alex's death? 22 A That's correct. 23 Q And it would sometimes occur at your place of 24 work, is that correct? 25 A No. Page 29 1 Q It did not? 2 A No. 3 Q Could you tell me where it did occur? 4 A Mostly at the passing in our own home in Mount 5 Vernon. Just it was more of a casual contact for 6 the most part. 7 Q You say it was primarily in the Mount Vernon 8 home? 9 A Yes. 10 Q Was there times when it occurred not under your 11 roof? 12 A Yes. 13 Q Where did that occur? 14 A Once at her house and once in Spartanburg. 15 Q When was the last time it occurred, Mr. 16 Russell? 17 A I would say August of '94. 18 Q Did you make a choice to do that? 19 A Yes. 20 Q And Susan Smith made a choice to do that, did 21 she not? 22 A Yes. 23 Q Thank you, sir. 24 MR. POPE: No further questions. 25 THE COURT: Anything on redirect? Page 30 1 MR. BRUCK: If I could confer. 2 (off record) 3 (back on the record) 4 REDIRECT EXAMINATION BY MR. BRUCK: 5 Q The things that you have just admitted to Mr. 6 Pope, you eventually admitted them to your wife 7 Linda? 8 A Yes, I did. 9 Q When Susan was already in prison? 10 A I did. That's right. 11 Q And you admitted them to Linda after you began 12 to receive therapy? 13 A That's right. 14 Q Counseling? 15 A That's right. 16 Q And is that why you were separated from Linda? 17 A That's the reason, yes. 18 MR. BRUCK: That's all. 19 THE COURT: All right, sir, you may come down. 20 * * * * * Page 31 CERTIFICATE I, the undersigned, Michael R. Watts, Official Court Reporter for the Seventh Judicial Circuit of the State of South Carolina, do hereby certify that the foregoing is a true, accurate and complete Transcript of Record of all the proceedings had and evidence introduced in the requested testimony of the captioned cause, in the Court of General Sessions for Union County, South Carolina, on the 27th day of July, 1995. I do further certify that I am neither of kin, counsel nor interest to any party hereto. August 8, 1995 ___________________________________ Michael R. Watts Circuit Court Reporter Page 32 Page 33