proposal to move on to other witnesses. let's start with the state. >> thank you, your honor. yes. in order to be efficient with the court's time, we have a witness here.

i'm prepared to take out of order. it sounds as if there's no objection from the defense. so we can do that. [indiscernible] -- establish a fact we've already established. [indiscernible] >> i think did she say who was her first khroeus? >> i don't believe that the governor's name was mentioned. i think there are some circumstances surrounding the search for someone to take over the lead of this investigation at that tame. now the prosecution, given the allegation in the case, it's certainly relevant. >> all right. it doesn't sound like it would be all that long a witness. all right. so in that case, we can transition over. call your witness. >> the state will call governor roy barnes. >> [indiscernible] -- does not

ask questions about -- [indiscernible] -- did not ask any of our witnesses about qualifications -- [indiscernible] -- bring in evidence of that -- [indiscernible] -- >> sounds to me -- well, ms. cross? >> if you want to ask governor barnes about his qualifications, that's something he'd have knowledge of. i don't think that opens the door to anything other than what -- my understanding -- [indiscernible] -- >> as i hear it, the issue of qualifications versus who is her first choice is going to be relevant to her intent maybe and perhaps that issue of the case in whole. i don't think that opens the door. we'll see how it goes.

>> ms. cross. assuming this may be a 10 to 15-minute witness, does the state have other witnesses on deck they'd like to go forward with as well? >> yes. we can go forward with another witness i believe after this. >> all right, appreciate it.

>> roy, eugene barnes. >> good morning. >> good morning. >> can you tell the court a little bit about your background and how it relates to your service in public service? >> i was first elected to the state senate in 1974, from c.b.o. county, -- could be county, and i -- cobb county and i served 16 years there. and in 1909 i ran for governor and -- 1990 i ran for governor and was defeated and two years later i went back to the house of representatives. i was elected to the house of representatives to serve six years until i was elected governor in 1998 and i served in that position until january of 2003. >> after serving at the position of governor, can you tell the court a little bit about what

you transitioned into after your public service? >> i did exactly what i was doing before i was elected. i went back to practicing law in marietta, georgia, with my daughter, who is now judge of the state court and my son-in-law and now we have, i think, six or seven lawyers, charlie bayley back there was one of them at one time. >> ok. and governor barnes, would you consider yourself to be a trial lawyer? >> yes. we don't write contracts or we don't write wills, all we do is try cases. >> and i want to direct your attention back to 2021. were you approached by the district attorney of fulton county, fani willis, about being a special prosecutor? >> i was. i don't recall the exact date but i know it was sometime in 2021.

and she asked me to come down and i met with her and nathan wade and there were several others in the meeting. she asked me, said they were beginning this investigation and she asked me if i'd be interested in being special prosecutor, to which i replied that i had mouths to feed at a law office and that i could not -- i would not do that. and also i just had a bad, well, say bad because it happens from time to time, but i just had the f.b.i. to report a felon, a militia trainer to me that said they were concerned that he was making threats against me. and because i was -- i thought it was because of the flag but i asked him and he said, no, it was because i was too close to the jews, quote-unquote.

and i told d.a. willis i've lived with bodyguards for four years and i didn't like it and i wasn't going to live with bodyguards for the rest of my life. >> ultimately you turned down -- >> yes. yeah, i told her, i said, i'm not interested. >> nothing further, your honor. >> good morning, governor barnes. how are you? >> just fine. how are you? >> good. good to see you. you said it was sometime in 2021 -- do you remember -- >> i i think it was. i don't remember the dates. i could look it up on my calendar at the office but i don't have that. >> well, i want to ask you about the statements that ms. willis made, march 28, 2021. she was talking about an assem

-- assembling a team for this case. are you familiar with her work assembling a team for this case? >> i assume that's what she was talking to me about. but besides that i don't know. >> i know you said you had a meeting with folks and mr. wade was at that meeting? >> correct. >> he was with the district attorney interviewing you about taking this case? >> of course i have known nathan very well, as you do. and i exchanged molestianries with him but the conversation was with miss -- ms. willis. >> were you aware her team consisted it of brian watkins, shannon trouty, and john floyd. she reported that was her team? >> i know john floyd was involved. and she probably told me the others. listen, i barely remember what case i tried last year much less every work that was said in the

conversation. >> i understand. fair enough. she said she was looking to hire more lawyers and investigators to work on this case? >> she told me it was to me, she said that would you be interested in being special prosecutor in this case? and i gave the reply that -- no. about hiring other lawyers or whatever, i don't know. all i can testify to is what she told me. >> did she tell you at all why she wanted to hire special counsel and not use someone who was a d.a., not have an actual employee? >> no, she did not. we did not discuss that. i would assume it was because of a case as big as this you would have -- i know john floyd has been in some cases over the years out in cobb county, for example, and others. >> would you agree an employee

of her office, someone who was paid a state salary or county salary as an a.d.a. could handle a case like this? >> i couldn't tell you that unless i knew the person, knew their experience and had been with them in the courtroom. >> thank you. >> mr. sadow, it has been a while. >> i hope you're well. >> doing fine, just getting older. >> that's true. that applies to all of us. i think you indicated that if you had your calendar you would be able to pinpoint a date. >> i would. >> is there a way for you for example at a break before you leave to contact your folks to see if you can get a date? >> i guess i could. i don't know how far back we archive those. i assume i could. >> would you be willing to give that a shot? >> i'll do whatever the court instructs. >> if i asked the court and the

court says do t. that's all right? >> i'll do whatever the court instructs. >> i hear you. >> you should, too. >> i try to live by those words. i'm not always successful, but i try. if i pinpoint a date, for example, i think the record is clear that mr. wade was hired for the position on november 1 of 2021. does that help you at all? >> it does not. >> let's go to the meeting. it sounds like it was just one meeting? >> yes. >> and could you tell us where that meeting took place? >> in the conference room adjacent to the district attorney's office. >> was it in this -- the adjoining building? >> it was in there. >> district attorney willis was there, and mr. wade was there? >> best i recall. i could be mistaken about that. like anything that far away, but

that's my recollection. >> do you have a recollection of anyone else being present? >> there was some other folks, but i don't remember. >> do you remember -- were you introduced to mr. wade by anything other than you already knew him? was he given a title? at least as you were there, if i heard you correctly, ms. willis did all the talking. mr. wade did not. >> we exchanged pleasantries, but as far as the basis of the conversation, the reason i was there was willis. >> would you be able to give us an estimate how long this meeting lasted? roughly. >> probably an hour. >> during the meeting you made it clear, it was the thanks for the offer but no thank you. >> oh, yes. i did. as i said -- i started off as a prosecutor. and for about 10 or 15 years i

did nothing but criminal. but i have tried to move away from it. and do primarily civil math. we have done some white collar cases over in federal court. i've one over there right now. but it's generally business related. where i have a client that's got a kid or him getting indicted. and the case i have over there now is an alleged fraud case. >> fair to say that based on your career and the work that you have done, you have handled high profile cases, correct? >> i have. i've handled pretty big cases. i sued syria one time for beheading a client of mine. recovered $83 million. i guess that's the best. but that was in d.c. i tried that in d.c. >> what would be considered

complex cases you have handled those as well? >> yes. we regularly do mass torts, class actions, business torts, breach of contract. most of those are high complex -- are complex requiring many experts. i also -- we also do malpractice. i did malpractice defense for about 25 years. since i returned from the governor's office, i try not to represent insurance company anymore. i just try the malpractice case before a judge in november. and those are complex cases because of the type of medical knowledge that you have to have, and also because of the many experts that you have. >> thank you. did ms. willis, this is the last

question, did ms. willis tell you why she had sought you? why you had been her choice? >> no. i hadn't. i get consulted fairly often on major cases. >> would you believe, based on circumstances in which you were given the offer, it had to do with -- the fact you had handled complex and high profile cases in the past? >> it could have been. i know her very well. i tried a case against her. she worked for the j.q.c. i represented judge robert crawford. and she prosecuted him. i defended him. she beat me at the trial. i turned it around at the supreme court. >> you had some experience. >> i had plenty of experience with her. she's a very qualified --

everybody's young to me. but she's a very qualified young woman. >> after that one occasion, did you have any other contact with her in reference to the position itself or who she might be considering? >> hi some conversations -- i had some conversation was her or jeff desantis, but not really an in-depth about who she should hire or anything like that. >> did the name nathan wade come up in those conversations? >> no. >> no. >> right? >> yep. nathan was there i thought. i could be mistaken. i thought nathan was there. >> for the conference. >> i'm not positive nathan was there when i met with her. >> my question was probably poorly worded. what i was asking after the conference and whatever consulting you might have done,

did ms. willis or mr. desantis bring up the name nathan wade as a special prosecutor? >> i don't think so. i don't recall one. nathan is a good organizer. nathan can organize stuff -- i have watched him over the years. so i wasn't surprised he was acting as a special prosecutor. >> mr. desantis, for the record, who is that? jeff desantis? >> jeff desantis. >> do you know who he is? >> yes. >> could you tell us who he is for the record? >> jeff works in the d.a.'s office. i knew him when he worked for thurgood baker. >> do you know what his role in the d.a.'s office is? >> i have no earthly idea. >> is he media? >> he has done media in the past. jeff has generally been -- i like jeff. i'm very close to him. he's generally been on the other side of my campaigns. >> we are talking the best of

your recollection conference, we don't have the date, i'm asking if you could possibly get it, but the conference you have, mr. >> i'm almost sure it was. >> and ms. willis, and mr. desantis. >> i think mr. desantis was, too. >> as far as whether there was anyone else there -- >> i don't. >> thank you. >> next time i'll take a picture. >> next time hopefully you won't have to be here. >> hopefully not. >> thank you, sir. >> mr. stockton. >> no questions. >> thank you. mr. durham. >> no questions, your honor. >> mr. mcdougall. >> no question from the governor, your honor. >> mr. rice. >> no questions, your honor. >> mr. gillian. i have been waiting for this. >> i couldn't give up the chance getting up here, governor. good to see you again. we have worked together in the past. >> i consider you to be one of my best friends and crackerjack lawyer. >> will i say to you on the -- will i say to you on the record

i can understand why they came to see you because you are the finest lawyer i ever worked with. >> i need to put you in the next ad. >> one or two more questions. you and i working together when it's appropriate, we have had no qualms about filing motions to disqualify the d.a., have we? >> no. >> you even i successfully disqualified the d.c. in cobb county in the brown case. >> we did. >> whatever needs to be done -- >> you represent your client. >> you got that. thank you so much. >> mr. can troe, you still with us by zoom? >> i am. >> any questions? >> no, sir. >> all right. mr. cromwell? >> no questions, your honor. >> any redirect? can this witness be excused? the question is you want the

exact date of the meeting occurred? >> yes. >> i'm wondering if we can -- if it's really material, the exact date rather than just the proximity to the december 1 hiring, is that fair? does he know whether it was earlier in the year versus maybe closer would that obviate the need for the exact date? >> if he can't get the exact date, we'll take the best we can. >> start there. >> may take care for us if we hold him in place. > i'm not sure. >> let me try this first. , governor barnes, before you do a deep dive in the email. do you recall what time of year it was when this meeting occurred? >> afraid not. you know how this is. the cases and the days move together. i had a fellow a few years ago said i represented him in 1978.

and i told him i'd take his word for it. >> i got to ask, you wouldn't do that -- >> no. i would not. i will tell you, i believe lawyers should be well paid, mr. >> sir, is that -- >> i have to look. it didn't come up right then. >> we'll ask this witness to step down subject to recall. now something the state can present with stipulation as well. well. a thank you, sir. do we have an update on mr. bradley? >> lawyer should be here. probably outside. the last estimation i heard was about 11:30. >> ok. >> if that's still the case, miss cross, do you have another witness available?

>> mr. john floyd, not special prosecutor john floyd. >> is he heading this way? >> yes. >> all right.

>> mr. ward, we are holding a place for taking witnesses out of order. you have any updates on mr. bradley? >> yes.

his appointment will last a few more hours. he can do it on zoom if that's possible. >> all right. ms. merchant? >> i was outside looking for them. >> he has asked whether the defendants will accept his testimony by zoom. >> as long as i can show him documents if he needs his memory refreshed, that's fine. >> the state would have objection to this witness not appearing. >> understood. >> mr. ward, i think we'll need continual updates from you. and also some kind of expectation of what this afternoon will look like. i was never informed of a medical appointment. i think the notice in this hearing indicated it would last at least two days. right now i think he's in violation of subpoena.

>> i believe counsel noticed this the dr.'s appointment was yesterday. [indiscernible] >> this appointment started at 9. [indiscernible] >> i'm trying to get -- we initially been told it was 9:30, 10. do we have any better idea to get a realistic expectation when we can have him here? >> your honor -- [indiscernible] >> is he -- without getting too much in the particulars, is he being seen and waiting for results, or still waiting to be

seen? >> both. >> after he gets those results he was supposed to have another meeting as well? potentially that meeting could occur later? >> after-indisis able. >> if you can get any update on how much time those results will take. if it's more than an hour or two, i think we would want to start bringing him here. can he -- he can have that follow-up conversation later. at this point i think we have something else that can occupy our time. i think we need to move forward with that. absolutely. understood.

ms. cross. .>> a mr. floyd. >> mr. floyd, if you could have a seat, sir. >> may i approach the witness quickly. >> my name is john clifford floyd, iii. >> good morning, sir. >> good morning. >> can you tell the court are you currently retired? >> yes, i am. >> prior to being retired, can you tell the court a little bit about did you work in the legal -- >> i was an attorney. i probably tried a thousand cases. about 50% of my practice was criminal law. 25% of it was family law. and the rest was whatever walked

through the front door could pay for. >> one second, please. the governor has come back. >> my calendar shows it was october 26, 202 1. >> would defense counsel accept that as a stipulation? is there any follow-up questioning needed on that. mr. barnes is still considered under oath. look for a show of hands or someone to speak now on zoom. hearing none. thank you, sir. you are excused. >> can you tell the court, are you from atlanta? >> no. i grew up in south central los angeles. i spent most of my legal career i would say in washington, d.c., was the circle. i have tried cases all over the country. and i tried the longest -- try

international criminal court. i was with the international criminal tribunal for rwanda, i was in a trial there for 4 1/2 years. and tanzania and the netherlands. >> sounds like your center of gravity was washington, d.c. >> i tried cases in west virginia, virginia, maryland, florida. california. >> all over. >> yes. >> sir, can you tell the court, do you have any children? >> i have one daughter, fani willis. >> i want to direct your attention back to 2019. back in 2019 can you tell the court, did you move here to atlanta? >> i was living in johannesburg, south africa. unfortunately for some reasons i could not get an extended visa.

when i retired from the practice of law in 2018, i moved to south africa. and i had to leave south africa. i did then come to atlanta. >> do you, sir, remember about the time period in 2019 when you moved in with your daughter here in atlanta? >> it would have been the spring or summer of 2019. >> after you moved here, did you get a driver's license to confirm your residency in atlanta? >> well, my driver as license -- driver's license for the district of columbia was going to expired on my birthday, which is in october. and yes, i did get a license here in the state of georgia. >> may i approach the witness. >> yes. >> if you could take a look at

this. >> your honor, would you -- if you don't mind, my eyes are very bad which is one of the reasons i retired. so i need a magnifying glass. >> whatever you need. >> thank you. yes, i see it was issued on 9/28/2019. >> before we get there, do you recognize state exhibit 2. >> yes, my driver's license. >> is that a fair and accurate copy of your physical driver's license? >> absolutely. >> at this time your honor the state would terpbd what's marked at exhibit 2 into evidence. >> no other objections, state exhibit 2 admitted for the record. >> for the record your honor, the state will supplement 2 with a redacted copy of the license. the current copy is not redacted with the address. >> do we need to mark that

differently? >> i will mark it as 2-a. >> perfect. >> now, you talked about when your driver's license was issued. can you tell the court when was that driver's license here, your georgia driver's license issued? >> on 9/28/2019. >> september 28, 2019. when you moved into district attorney willis' home, who lived there? >> well, my daughter lived there. i lived there. and from time to time my grandchildren would come. >> ok. >> did your grandchildren, were they at school coming and going? >> exactly. i think they were in school in various jurisdictions. >> during -- how long did you live at or with ms. willis at her home here in fulton county?

>> she was forced to move after she was elected. i don't know if you want me to go through the whole thing. your honor, will indulge me. after she was sworn in, she was sworn in on january 1 of 2021, and on or about the third of february at probably 5:30 a.m. in the morning, there were people outside her house cursing and yelling and calling her the b word and the n word. just -- it was bizarre. >> sorry? is there objection? >> i would say it's effect -- its effect -- i can -- >> you're saying he was personally present to hear these things? >> yes. >> overruled. >> and fortunately the

neighborhoods called the police and disbanded the group. it was just -- i hadn't seen anything exactly like it before. >> after that happened, can you tell the court did ms. willis have to move from her home? >> yes, she was forced to leave. >> can you tell the court after she was forced to leave, shortly after she was sworn in, did you remain at her home in fulton county? >> yes. i stayed there until 2022, i guess. >> from what you described, did you fear for her safety? >> absolutely. i mean not only did i do that -- the south fulton police, they brought somebody, a man with a

dog, because there had been so many death threats. and they said they were going to phroe pwhro*e up the house. kill -- to blow up the house. kill her, kill me. i kill my grandchildren. on and on and on. it became -- i was concerned for her safety. >> after those concerns came to your attention and after what you heard and saw that day, you remained at the house? >> yes. >> can you tell the court with what you just described why did you remain living at the district attorney's home here in fulton county? >> i believe it's relevant based on a lot of questions asked yesterday of ms. willis as to -- about the security threat and the fact that those threats were not necessarily real in the sense that mr. floyd remained in the home. there were many questions about the fact he remained. and her children would still

come and go to the house. it's relevant based on the testimony elicited from defense counsels yesterday. >> overruled. >> well, the south fulton police, first they put a car in front of the house that was there permanently. police car. thing one. thing two, they brought a person with a dog, sometimes more than once a day, twice a day, they would circle the house to look for bombs. i knew that that was a house that my daughter had worked for. it was a brand new house. she's the only one who had ever lived there. it's a four bedroom, brand new house. and i wanted -- somebody needed to protect the house. i stayed there to basically take care of the house. to take care of the yard. and also somebody sprayed, again, the b word and the n word on the house. i don't think my daughter even

knew that. i cleaned it off. and called the police. and fulton police. they have i'm sure the records of all the things that happened. and all the neighbors, i notified all the neighbors to look out, watch out. and so crazy. it was just so crazy. we'd have people show up and park car. there was a guy parked for probably eight hours in front of the house. we called the police. >> now, at the time that you lived there with ms. willis, even when you remained, during the time period of 2019 to the end of 2020, are you aware if ms. willis was dating someone? >> yes. she did. she had a boyfriend when i first got there. >> did you meet her boyfriend? >> yeah. i met him often. >> can you know him by any

specific nickname? >> deuce. >> can you tell the court why you were -- while you were living there how often you would see him? >> sometimes every day. sometimes every other day. he was a disjockey or something. and he had -- disc jockey and something. he had all this paraphernalia i had to move out. there was a thing when the -- things that played music and forth. >> when you moved in in 2019 and throughout the years in 2020, 2021 had you ever met someone named nathan wade? >> i did not meet nathan wade until 2023, about a year ago when a reporter by the name of isacoff interviewed me. that's the first time. >> that was in 2023?

>> 2023, right. >> i know you said you hadn't met him until 2023, but when you were living at ms. willis' house in fulton county, did you ever meet mr. wade in 2019? >> absolutely not. >> how about 2020? >> absolutely not. >> did you ever see mr. wade at ms. willis' fulton county house in 2021? >> never. >> is it it your testimony the only time or first time you met mr. wade was in 2023? >> let me say something, mr. wade said that he remembers seeing me, and i do remember some banter. i'm a member of kappa alpha psi fraternity. there is this thing that goes on between fraternities. mr. wade is a member of alpha phi alpha.

i do remember there was a banter when my daughter was sworn in to be district attorney between me and a couple guys. he said he remembers me. i don't remember him. >> prior to that experience that you are talking about, as well as i guess your official meeting in 2023, had you ever seen heard his name? >> no. never. >> i don't think i have further questions, your honor. >> ms. merchant. >> yes. >> how are you, counsel? >> good. a couple questions. >> on monday we heard you were in california. do you have a place in california? >> people always ask me about where do i live. i guess i live right here sitting in this seat right now. but, yes, the answer is i have a place in los angeles. >> you do. do you share time -- split time between los angeles and georgia?

>> i'm working on a documentary film. i'm supposed to be being filmed not for this trial, but supposed to be being filmed right now. it was planned and we stopped it because they asked me to come here. but the answer is i'm working on a documentary. and ail -- i'll be in california until i finish the documentary if we don't have another actor strike or writer strike. >> do you own property in california? >> no. i live with a friend of mine. >> a friend of yours. when did you first move -- let me qualify the dates. did you spend any time in 2019 in california? >> no. the reason i didn't is that when i first came here, the answer is no, i did not. what happened wasco individual -- was, covid. once covid hit -- i was just paralyzed. i couldn't go any place.

i couldn't -- i'm a theater buff. i used to go to theater at least once a week. but when covid hit i just couldn't. i couldn't go to the dentist. which i need to do. i was just stuck. >> i may be wrong but i believe covid hit in 2020. i was asking about 2019. >> before covid was even here in the united states -- remember i lived in south africa and traveled the world. i knew covid was coming before. i knew covid was around before. they may have announced it in 2020, but, in fact, i knew about it and i knew what was happening in 2019. >> let's walkthrough 2019, then. you said you moved here in september. >> i didn't say that. i moved here probably prior to september. in september is when i got the driver's license. i probably moved in the

springtime. >> sorry. you d spring, summer. i see that in my notes. spring, summer 2019 is when you moved here. up until spring, summer 2019 where did you live? >> i lived in johannesburg -- i lived in washington, d.c. 2018. i planned to retire for the rest of my life in south africa. i had worked for nelson mandela and the free mandela. and someone i had gone to law school, he had located there after mandela was freed from prison and became president. i was going to live there for the rest of my life. unfortunately because of political reasons i could not stay in south africa. and i was forced in a sense to come back to the united states. >> let's just focus in on the period from -- let's start with october, 2019. we'll call it the relevant period. october, 2019, until the end of 2019. were you in georgia every single

day of that year? >> absolutely. >> now let's move to 2020. every single day -- before i move on, every single day in 2019, you slept at your daughter's house. >> correct. >> start in 2020. 2020 the entire year, did you travel anywhere? >> no. >> you didn't travel at all that year? >> no. i didn't go to the movies, which upset me, also. >> that entire year, 2020, you remained here in georgia. >> right. >> in 2021, did you do any traveling? >> no. >> when did you start this documentary film in los angeles? >> what i had been doing to occupy my time i was writing my own memoir. as i delve into my family background, i discovered something. that's what got me to working on the documentary. i want you to understand what was going on in my life.

i pitched my -- i have a movie script called bad blood. i have a movie script trying to sell. i tried to sell that. i just happened to mention something that happened during the civil rights movement, sonie legendary peter fits simmons was interested. -fitsteuplons. we are doing the documentary. >> i don't want to interrupt you. what i was asking was when. you moved to los angeles. not what you moved there for. >> you keep saying moved. i haven't moved to los angeles. i spent more time in california in oakland, if you want to just -- peter is basically san francisco based. we are working on the documentary. >> ok. i was in los angeles because i

was going to the pan african film festival. and that's why we were there. and the way hollywood works is, when you make connections in film festivals are a place to try to sell ideas and meet people and organize things. >> you still own property in washington, d.c., correct? >> no. i don't. >> you don't own property at 1467 roxannea road, northwest. >> that's where i used to live. >> did you own that property? >> yes. >> ok. you owned that property when you moved here in 2019? >> yes. >> and you owned it in 2020? >> well, now you talk about very sphreu kateed -- very complicated issue. i left the property. there was a dispute between me and i had gotten a reverse mortgage company. and there was a dispute between me and the -- and i just -- i walked away from it. >> you walked away from it with almost $300,000?

>> what is the relevance that have? >> where he lived and registered 20 vote. that's what they brought in. >> how is the money from the sale relevant? >> it's the only proof i have he owned that address. can i move on. when did you sell that property? >> i didn't. the reverse mortgage company took it. >> ok. >> in 2019 when you got your driver's license here. the next day you registered to vote, correct? >> i think it may have been the same day. maybe it was the next day. i don't remember. >> you didn't own property here in georgia. >> no. i was living with my daughter. >> you said you met mr. wade -- you remember you met in 2023, right? >> correct. >> and i wasn't really clear you said something about meeting him with mr. isacoff-did. >> i was being interviewed by

him. and he walked in. i met him. that was the first time. he walked into the office. >> where were you being interviewed? >> at the district attorney's office. >> mr. wade walked into that interview? >> yes. >> ms. willis had not told you about mr. wade prior to that? >> absolutely not. >> she didn't tell you anything about their relationship before you met him that day? >> no. but mr. wade remembers meeting you in 2020? >> he said that at my daughter's swearing-in -- i do remember that we having some banter about fraternities. other -- a. >> at your daughter's swearing-in. >> right. >> that's all i have. just one moment, judge. >> morning, sir.

>> good morning. how are you, counsel? >> fine. >> try to ask you some specific questions if we could. >> i'll give specific answer it is i can. >> perfect. >> the driver's license address, i'm not going to publish. that is state's exhibit number 2. but is the address on that driver's license the home that you are referring to as your daughter's in south fulton? >> absolutely. >> it was unclear to me, maybe no one else -- it's unclear to me. when did you stop living at what i would call your daughter's home in south fulton? >> things got so bad and threats got so many, even against me, that the house became basically uninhabitable. i got tired of sleeping in one room one day. and -- i would say december of

2022. something like that. >> december of 2022. >> right. that's about right. yeah. >> change and go back for another date. you had indicated, i didn't hear it, when was your daughter, ms. willis, when was she sworn in as district attorney? >> january 1, 2021. >> did you indicate that there was an incident, i know you described it, was that incident on february 3, 2021? >> that's my best recollection. >> ok. my question is, after february 3, 2021, how much longer did ms. willis stay at the house before she moved somewhere else? >> very short period of time. i cannot be precise. i would bet all the money i ever made it wasn't more than a month and a half if that long. >> we are talking about best of your recollection, end of

february, into the beginning of march, give or take, of 2021 when ms. willis would have moved to a different location? >> exactly. >> did ms. willis return to the house? the house you were in, at any point in time that you can remember? >> from time to time she and her security might show up for her to pick something up or take something. but she always would come with her security. >> my question was poorly worded. i apologize. did she come back permanently to her house? >> absolutely not. >> as far as you are aware, once ms. willis left the house, her house, south fulton house, so the record is clear, either late february or into march of 2021, best of your recollection she's not returned to that home to live? >> no. it became uninhabitable. i mean -- i would have to walk

around that house looking out of every window. i made a habit of having to walk around the whole house. i got lights so that if somebody would come at night in the back so that those kinds of -- reflecting lights. i had those put up. >> i don't mean to cut you off. i was interested in had she ever returned. >> the answer is no. >> when ms. willis, when your daughter left the home, time period, end of february, beginning of march give or take, 2021, do you know where she moved to? >> no. i didn't want to know. i intentionally did not want to know. because i was not -- if somebody stuck a gun to my head and i couldn't tell them, i wouldn't tell them. i would have made up something. i didn't want to know. >> would it be fair to say if you didn't want to know, you never visited her at the place that she moved to? >> i never did. never did.

>> do you know how long she stayed at the first place that she went to after she left her house before she moved to a second place? >> what i know, this is hearsay, counsel, is that my daughter had to move something like four times. >> do you -- >> i don't know any place. i was taken one time for christmas day. i have only seen my daughter, this is very hard for me to say, but during the period my daughter left, i have only seen my daughter 13 times. because i can't -- we have never seen each other more than maybe three hours because of the nightmare threats against her and me. >> i understand that. from the perspective of being a father myself, i understand what that means. i'm going to move away from that. i was trying to get an idea date wise. in 2023, when you were being

interviewed by one of the gentlemen that wrote the book, at the d.a.'s office, and mr. wade came in, can you give us, other than 2023, what the date would be? >> i'm sorry, i can't, counsel. >> how about spreupblg, summer? spring, summer? >> i would guess spring or summer. but i can't -- sorry. >> you have already indicated, to your recollection, that was the first time you met mr. wade? >> absolutely. >> not arguing with you about that. i want to go to ms. willis' boyfriend you referenced. you met mr. willis' boyfriend you characterized it when you came here in 2019. >> correct. >> and you met him on one occasion, several occasions? >> i saw him often. >> you mean there was no secret that she was dating this man. >> not from me. >> not from you. >> he was -- again he was a disc jockey of some kind.

i think he had a government job -- during the day. i don't know what it was. apparently he would do weddings and so forth. he was a disc jockey, played music. all his stuff always in the way. i was always having to try to push it aside. >> your daughter didn't keep him from you, correct? >> no. >> there was no doubt -- >> we lived -- my daughter and i lived in the same house. he came and went. >> right. now, when did you learn that your daughter had a romantic personal relationship with mr. wade? >> about seven weeks ago when -- as a matter of fact, i just found out when other folks found out. >> your daughter, as i understand t. never told you -- understand it, never told you one time in the year 2022 that

she was dating mr. wade, correct? >> that's correct. >> until recently, you didn't know from anyone, including your daughter, that she dated mr. wade, correct? >> that's correct. >> whatever the relationship is between father and daughter, she kept that a secret from you, correct? >> correct. >> that's all i need to know. >> mr. stockton. >> good morning, mr. floyd. >> good morning, counsel. >> when your daughter moved, or left the house she owned, did she say anything to you about having a large savings of cash? >> oh, no. no. maybe -- excuse me. your honor, i'm not trying to be

racist, ok. but it's a black thing. i was trained and most black folks they hide cash. so they keep cash. i was -- no. trained. you always keep some cash. because i have been places, just because of the color of my skin, for example i took a fellowship at harvard when my daughter was just -- if i might, your honor, when she was just maybe 3 years old. and i remember going to a restaurant in cambridge, massachusetts, and i had an american express credit card and maybe a visa or whatever. and i had a lot of what they call traveler's checks. i don't know if they still have those. traveler's checks. and there was a sign said, credit card. for whatever reasons the man would not take my american

express credit card. so i pulled out my visa card. and he wouldn't take my visa card. so then i pulled out my travel'. these were traveler's checks. i had a 10 bill. i'll never forget this as long as i live. he said the bill for my wife at the time, fani's mother, fani, and myself was like $9.95. i had a $10 bill. it was all -- i always remember that. even before that. i have always kept cash. and i told my daughter, you keep six months' worth of cash always. for example, i had three safes in my house. i put some of my clients' stuff there, too. things i didn't want other lawyers -- you are always in a firm. i knew that there was special conditions. some of my clients' things i would bring home, put them in the safe. i have always kept safes.

i gave my daughter her first cash box and told her always keep cash. >> is that a yes? >> yeah. absolutely. >> that's all i got, judge. >> mr. durham. >> no questions. >> mr. mcdougall. >> no questions, your honor. >> mr. rice. >> no questions, your honor. >> mr. gillen. >> it's still morning. good morning, sir. >> good morning, counsel. how are you? >> fine. just a few questions following up. when you were talking about when you learned about mr. wade and your daughter, correct? >> correct. >> did your daughter tell you in around october of 2022 that she had gone on a caribbean cruise with mr. wade to the bahamas? >> the answer is i knew that my

daughter had gone, but i did not know who she went with or what the circumstances were. i knew she had gone out of town, but i didn't know with whom. >> did she tell you in november of 2022 she had gone to aruba and stayed at a hiatt regency resort there for three days with mr. wade. did she tell you that? >> the answer was, again. i knew she went out of town. i didn't know where she went. i knew she was going out of town. she told me she was going out of town. she might have said she was going out of the country. other than that, that was all. >> ok. did she tell you in march of 2023 that she was going to belize for several days with mr? >> same answer. i knew she would tell me she was going out of town and she may or may not have told me where she was going. >> in 2023 you were in many days

you would be in california, correct? >> some days i would be in california, correct. >> did she tell you in may of 2023 that she was traveling to napa valley when mr. wade. maybe you all could see oefp other when she visited california with mr. wade? >> the answer is no. >> the first time you learned about mr. wade to your recollection was in 2023? >> that's correct. >> that's all i have your honor, thank you. >> mr. c acherif. >> just a couple quick questions. good morning, sir. i know -- >> i can't see you, either. good morning, counsel. >> we'll take a moment. pause, see if we can change the screens. >> i'm on a phone, so it's --- >> can you turn your screen on?

>> trying to. does that work? >> one more moment. you can proceed. >> sir, you seem to know about the issue of cash in this transaction. said it was a black thing. how did you know that the cash was going to be an issue in this testimony? >> because i was asked for it. and i was prepped by the lawyers. they asked me about it. >> did you speak with mr. wade about your testimony? >> no. >> did you speak with your daughter about your testimony?

>> she may have been present when the lawyers -- i really don't remember. >> if mr. wade and your daughter were dating, you wouldn't have known that unless your daughter told you? >> maybe i'm not understanding your question, counsel. maybe you want to restate. what is it that you're asking me? >> if it wasn't clear i can reask the question. >> yeah. >> if mr. wade and your daughter were dating, you wouldn't have known that unless your daughter told you. >> i did not know that they were dating. and talking about the cash. i didn't know that -- i don't know what you're asking me. what i told my child from the time she was a child is always have some money. always have some money. if you go on a date so that people don't try to stick you and you want to leave, whoever. always keep some cash.

>> mr. floyd, you answered the question that the attorneys prepped you for. that's all i wanted to know. that's it, your honor. >> mr. cromwell. >> no questions, your honor. >> mr. avadi? >> mr. floyd, now it wasn't common for your daughter to confide in you about herro phapbtic life at all. >> no. i haven't confided in her about mine before and i had one. >> and you wouldn't have known about her boyfriend -- >> objection. >> might have just been -- keep going. >> you wouldn't have known about her boyfriend, the disc jockey, had you not been living with her, correct? >> that's correct. >> i'll allow t overruled. >> nothing further. >> did he answer the question? >> he did. >> by show of hands any redirect

on those points only? ms. merchant. >> i want to know when you were prepped by the lawyers. when this prep session was. >> i just got off the plane on tuesday night. i think i was probably drooling at the mouth i was so tired. i got in wednesday -- must have been wednesday. >> did you talk about any of the testimony from yesterday or watch any news reports or anything like that? >> you can't cut the tv on without seeing this. the first thing. i listened to conservative radio a lot. last night for five hours all they talked about was this case. >> you were aware of what the testimony your daughter gave yesterday was? >> yeah. unless you don't cut the radio on. unless you don't cut the television on. unless you don't read the a.j.c. or any other, "new york times" or whatever, which do i every day. of course.

>> fair to say nobody instructed you you were under the rule of see questions -- sequestration. >> under subpoena, either. >> anything else? seeing and hearing none. thank you. >> it's a pleasure to appear in front of your honor. thank you. >> ms. cross, was the state planning to call additional witnesss? >> not at this time, your honor. we are trying to accommodate if there is a last-minute schedule to this afternoon. that was my last witness. >> even if mr. bradley testifies to some extent, it's still the potential the state has no further witnesss? >> i anticipate at least one more will be available this afternoon. >> so there are potentially more states' witnesses. all right. so i think the rule is invoked

and the instruction was for the parties to tell all witnesses they're expected to appear. i don't think the remedy is necessarily striking it. it can go also to his credibility as twoasm that extend, unless you want something else to be heard on that, the point is made. all right. do we have an update for mr. bradley? >> he should be here at 12:20. >> then what i think we should do is have these preliminary conversation about privilege, see if we can make any headway and then take our afternoon break. i don't know if you want to argue in place there or go to the table. maybe it was relayed to you since you weren't in consider earlier this morning, we had some initial conversations about the distinction between privilege and rule 1.6 and it sounded like you wanted to be heard on that. >> it was brought to my attention, i apologize.

the case is necessary it's just taking a second. >> whatever you need to do. >> i believe the case move tbarsd in anticipation. we have corning fiber glass. >> it's difficult hearing counsel. >> there's a microphone at the jury box. you can try lift that microphone up and stick it in the jury becomes or make your way to the podium or table. that was provided in our morning

recess. i think that was indicated to go more toward potential crime fraud argument. i don't think we've really gotten there yet. >> it's not crime fraud per se. it's the same notion. it's fraud on the court. as to attorney-client privilege. >> the case i cited this morning showing the distinction between the go was see te net health care. that's where we were on the threshold issue. do you have snieg dress on that? >> i have not been able to do that. >> mr. ward, you're co-counsel with mr. bradley? remind me why you are here. >> [inaudible] >> ok so you are co-counsel on this.

>> this morning asking where he was, had to make sure everybody knew. >> and the citation for that, 273 georgia 206. i'll give you time to review that. in the meantime, what other things did you want me to know and perhaps at this point we take our break now unless you want to talk about the questions provided by ms. merchant, seeing if there's anything we can achieve. >> so i can be clear it's apparent we're going to go into whether or not 1.6 provides privilege for mr. wade even though he specifically state head does not waive that privilege. therefore it would be incumbent on the court to high pressure and order to demand that mr. bradley, over and above the privilege afforded in 1.6, is required to testify, is that correct? >> that's correct. that's what we covered this morning. >> so i would ask the court, is

the court going to travel under the fraud exception? >> we haven't quite gotten there. haven't decided whether attorney-client privilege applies. i think there are some other things we have to do. we got held up yesterday on 1.6. as i understood it. i was waiting to hear from you. whether we are now beyond that. and then if we're in the land of attorney general-client privilege and only attorney-client privilege, rule 500, i think there'll be arguments on crime fraud and also the general arguments of does it exist? does mr. bradley have any knowledge of those? >> in order to keep the court abreast we are still traveling urn privilege afforded to mr. wade and we are aware of how they will fry trie to convince the court that should be overcome. hopefully i can redirect cases. >> that's fine. anything, i guess, as you read that, let's dothis. assuming we do get beyond 1.6,

if you can work with me, anything we wan to add to that? >> i'm afraid i'd have to hear what the arguments were that got us past 1.6. i'm not here to insinuate to the court that we would do something else. >> but there was a line of questioning that ms. her vant decided to ride out and share with the parties. were there are initial thought, comments, reactions to that? just trying to make sure we make the bestus of mr. brad he's time. >> i want to reiterate that my client does not waive attorney-client privilege. the question that we reviewed this morning. mr. bradley is not able to testify about anything related to wade's marriage or dating history after december, 2018. that's going to be the operate v day. nor does any of the question, mr. bradley -- anything he would