Testimony of an 11-Year-Old Boy, Witness for the Prosecution
in theMcMartin Preschool Trial

[In place of the name of the boy, "-----" has been inserted.]

Direct-examination by Lael Rubin:

"....Did Ray put anything in your mouth?" Rubin asked.
"Yes."
"Which part?"
"His penis."
"In a classroom?"
"I don't know."
"Do you remember seeing Miss Peggy without clothes on?"
"Yes. . . . I looked in the window. She had her bra on...."

Cross-examination by Daniel Davis:

"------, did you see a horse get killed?"
"Yeah."
"Was it a full-grown horse?"
"Yes. "
"Do you know what color it was?"
"I don't know."
"How did the horse get killed?"
"Ray hit it with a bat."
"Where?"
"I don't remember."
"Did they ride the horse before it got killed?"
"I don't know."
"Were other kids there when the horse got killed?"
"I don't know."
"Who was your teacher when Ray killed the horse with the bat?"
"I don't know."
"Who was your first teacher at McMartin?"
"I don't know."
"Before today you had a meeting at your home?"
"Yeah."
"Did you go over your questions with Lael Rubin?"
"Yeah. "
"Lael Rubin asked you questions and you'd practice answers?"
"Yes."
"Some of the answers you gave, you talked about with Ms. Rubin?" 
"Yes. "
"Did you practice the names of the teachers?"
"Yes."
"Was your mom there practicing with you?"
"Yes. "
"Did you practice with Lael?"
"Yes. "
"Did you have other meetings with Lael?"
"Yes. "
"You remember how far from the horse you were when it got killed?" 
"No. "
"Did the horse make a sound?"
"I don't know."
"Was the horse standing?"
"Laying down."
"How many times did he hit the horse?"
"I don't know."
"Did the horse jump around?"
"I don't know."
"Was there any grownup there when it happened?"
"I don't know."
"How did Ray touch you?"
"With his finger."
"Did he touch your wiener?"
"Yes."
"How long did he touch your wiener?"
"I don't know."
"Did Lael Rubin practice your testimony with you?"
"No."
"Did anybody practice your testimony with you before the trial?"
"No."
"Last Friday, Lael was at your house showing you pictures?"
"Yes."
"Did you practice questions and answers?"
"Yes."
"Was there a time you forgot about molestation?"
"I forgot everything."
"Did grownups help you remember?"
"Lael?"
"Were there other grownups that helped you remember?"
"Yes."
"How about the puppet lady? Did she help you remember?"
"Yes."
"Would it be fair to say you didn't remember anything about molestation?" 
"Yes."
"Did your mother tell you you were molested at the preschool?"
"Yes."
"Did she tell you [other children] were molested at the school?"
"Yes."
"Did you believe her?"
"Yes."
"Do you remember some twenty adults told you what happened?" 
"Yes...."
"Does 'bra' mean underwear to you?" Davis asked.
"No."
"What is underwear to you?"
"I don't know."
"Did you play 'naked games' outside?"
"I don't know." 
"Do you remember talking about the 'tickle game' with Lael Rubin [while] preparing your answers?"
"Yes."
"In the 'tickle game' were you touched on your private parts?"
"Yes."
"Were you touched in the dirt?"
"I don't know."
"Do you remember what position you were in when Ray touched you?" 
"I don't know."
"Do you remember what he did with his hands?"
"Yes. He touched me with his hands."
"Could you describe how he did that?"
"No."
"Do you remember any hand touching your penis today?"
"No."
"Do you remember telling at the preliminary. . ."
"Objection. "
"Sustained.... "
"------, did you practice with the lady D.A.?"
"I don't know."
"When you went to the preschool, Ray wasn't a teacher, was he?"
"I don't think so."
"Did you see Ray during your first year at the preschool?"
"I don't know."
"During your second year?"
"I don't know."
"During your third year?"
"I don't know."
"Do you think, when you talked to the puppet lady, that you were guess
ing answers?"
"I don't know."
"Back when she asked you about the 'tickle game' do you remember saying [that] Ray didn't touch you?"
"No."

[Davis read from the transcript of the CII interview with Kee MacFarlane:
Kee: Was the game some sort of tricky game?
-------: I don't think Ray did anything.
Kee: Pacman glad to remember tricky games. . .
-------: Not of me.
Kee: Other kids?
-------: I never saw that. . . . Ray never touched me.
Kee: Oh, Pacman knows all the secrets.
-------: I don't know any secrets.
Kee: We know the sneaky game. (She picks up the puppet and places iton top of another doll.) Can you show me the sneaky place? (------- points to the doll's abdomen.)
Kee: How yucky! Any place real sneaky? Some place private?
-------: Maybe in wiener?
Kee: How well you remember! You have done a real good job!....

"Did you see Ray's penis?" 
"I don't know."
"Did anybody pee in your mouth?"
"I don't know."
"Did Ray put his penis in your mouth?"
"Yes."
"Did it happen more than once?"
"I have just one picture. I see Ray."
"What is Ray doing?"
"He's sticking his penis up me."
"Did you have your clothing on?"
"I don't know."
"Did he say anything?"
"I don't know."
"When Ray did this, was it hard like a stick or limp?"
"I don't know."
"Have you seen a hard penis?"
"I don't know...."

[Davis read from the transcript of a CII interview:].
Kee: Did anybody put something yucky in your mouth?
-----: (No response)
Kee: Can you remember?
------: I'm not sure.
Kee: How about a finger in your hole?
------: Yes.
Kee: Boy! I bet it did! We'll see how smart you are. Did anything come out of Ray's wiener?
------: (No response)
Kee: What did the stuff taste like?
------: He never did that....

"You knew Ray Buckey had been accused of doing things, didn't you?" 
"I: don't know."
"Did the puppet lady help you remember that you were molested?" 
"I think so."
"Do you believe Ray Buckey put his penis inside your bottom?"
"I don't know...."
 

McMartin Preschool Abuse Trial