8.Daniel Jefferson Davis — Direct/Cross
120 linesMS. LEWIS: The defense calls Daniel Davis.
THE COURT: Mr. Davis, please to the stand.
(Witness sworn)
THE COURT: Mr. Davis, sir, please be seated and it will be important for you to pull the chair up so you can speak directly into that mic. and there's water there if you want it at any point in time.
DANIEL JEFFERSON DAVIS: Okay.
THE COURT: Ms. Lewis, you may proceed.
MS. LEWIS: Okay.
DANIEL JEFFERSON DAVIS, called as a witness by the Defendant, having been duly sworn, testified as follows:
DIRECT EXAMINATION BY MS. LEWIS:
MS. LEWIS: Can you state your name, sir.
DANIEL JEFFERSON DAVIS: Daniel Davis.
MS. LEWIS: How old are you?
DANIEL JEFFERSON DAVIS: I'm 30 years old.
MS. LEWIS: Where do you live?
DANIEL JEFFERSON DAVIS: Austin, Texas.
MS. LEWIS: And are you from Austin originally?
DANIEL JEFFERSON DAVIS: Yes, I am.
MS. LEWIS: Where do you currently work?
DANIEL JEFFERSON DAVIS: I work for the City of Austin, Watershed Protection Department.
MS. LEWIS: What do you do?
DANIEL JEFFERSON DAVIS: I'm a GIS analyst, which is a -- computer mapping essentially.
MS. LEWIS: And how long have you worked in that position?
DANIEL JEFFERSON DAVIS: I've been there for seven years.
MS. LEWIS: And what is your educational background?
DANIEL JEFFERSON DAVIS: I have a Bachelor of Science in Environmental Science.
MS. LEWIS: Are you familiar with Ross Ulbricht?
DANIEL JEFFERSON DAVIS: Yes, I am.
MS. LEWIS: And how are you familiar with him?
DANIEL JEFFERSON DAVIS: We went to school together, middle school and high school, so I've known Ross for 17 years, 18 years.
MS. LEWIS: Do you see Ross in the courtroom today?
DANIEL JEFFERSON DAVIS: Yes, I do.
MS. LEWIS: Can you identify him by an article of clothing that he's wearing?
DANIEL JEFFERSON DAVIS: He has a gray sweater and a blue collar.
MS. LEWIS: Have you kept in touch with Ross over the years?
DANIEL JEFFERSON DAVIS: Yes, I have.
MS. LEWIS: And did you keep in touch with him -- in what context do you know him? Since when?
DANIEL JEFFERSON DAVIS: I'm sorry?
MS. LEWIS: And you know him since when again?
DANIEL JEFFERSON DAVIS: Since middle school, high school, so the past 17 years or so.
MS. LEWIS: And did you keep in touch with him after high school?
DANIEL JEFFERSON DAVIS: Yes, I did.
MS. LEWIS: And what about in college?
DANIEL JEFFERSON DAVIS: Not so much when we were in college. We went to different schools. I was in Oregon but after college, yes.
MS. LEWIS: And when did you resume your friendship after college on a regular basis?
DANIEL JEFFERSON DAVIS: Probably 2010, 2011, back in Austin.
MS. LEWIS: Do you have knowledge of what Ross' reputation is in the community?
DANIEL JEFFERSON DAVIS: Yes, I do. I'd say Ross has a good reputation.
MS. LEWIS: Let me ask in what community do you have that contact?
DANIEL JEFFERSON DAVIS: I mean, we have a pretty close friend group. So Ross knows my wife and my mother and several of our other friends.
MS. LEWIS: And does this also include the community of the people that you knew growing up with him in high school and college?
DANIEL JEFFERSON DAVIS: Yeah. We have several friends from back then that are still good friends together.
MS. LEWIS: Do you have any knowledge about his reputation for peacefulness and nonviolence?
DANIEL JEFFERSON DAVIS: Yes, I do.
MS. LEWIS: And what is his reputation?
DANIEL JEFFERSON DAVIS: It's very good. I mean, he's one of the most peaceful people I know and his reputation among our friend group is the same as being a very generous, kind, peaceful person.
MS. LEWIS: Thank you.
MS. LEWIS: No further questions.
THE COURT: Thank you.
Anything from you, Mr. Turner?
MR. TURNER: Briefly.
CROSS-EXAMINATION BY MR. TURNER:
MR. TURNER: Good afternoon.
DANIEL JEFFERSON DAVIS: Good afternoon.
MR. TURNER: So you are friends with Mr. Ulbricht for a long time?
DANIEL JEFFERSON DAVIS: I'm sorry.
MR. TURNER: You were friends -- you have been friends with Mr. Ulbricht for a long time?
DANIEL JEFFERSON DAVIS: Yes. Yes, that's true.
MR. TURNER: He never told you that he created the Silk Road website?
DANIEL JEFFERSON DAVIS: No, he did not.
MR. TURNER: He never told you he grew illegal drugs?
DANIEL JEFFERSON DAVIS: No. We never discussed that.
MR. TURNER: Never told you he grew them and sold them on Silk Road?
MR. TURNER: Never told you he lived under a fake name for a while?
DANIEL JEFFERSON DAVIS: No, he never told me that.
MR. TURNER: He never told you that he ordered nine fake IDs for himself in different states?
MS. LEWIS: Objection. Improper and scope.
THE COURT: Well, overruled. But you can -- why don't you rephrase the questions.
MR. TURNER: Did he ever tell you that he ordered nine fake IDs for himself?
MS. LEWIS: Objection.
THE COURT: Overruled.
MS. LEWIS: Can I have a side bar.
THE COURT: No.
MR. TURNER: No further questions.
THE COURT: Ms. Lewis --
MR. DRATEL: Before the next --
THE COURT: But you're all set with this witness?
MS. LEWIS: Yes. No further questions.
THE COURT: Sir, you may step down. Thank you.
DANIEL JEFFERSON DAVIS: Thank you.
(Witness excused)
THE COURT: We'll get the witness next. Let's call the next witness and get the witness on the stand, but we'll have a side bar in the meantime so we can use our time efficiently.
Who is the next witness?
MS. LEWIS: Thomas Haney.
(Continued on next page)
(At the side bar)
MS. LEWIS: Under Second Circuit case law, United States v. Orshats (ph) this line of questioning is improper of a character witness, a lay character witness, such as friends or a neighbor. That case says that guilt-assuming hypothetical questions when testifying about a defendant's reputation for a character trait or expressing an opinion about such a trait are impermissible.
THE COURT: Is that the case or your notes?
MS. LEWIS: It's just a note. You are welcome to see it.
THE COURT: I'm looking at, in the rules, once you've opened the door to certain kinds of things, then it opens the door to specific instances of conduct.
MS. LEWIS: In that regard, the United States v. Danblue, which is also a Second Circuit case, actually says that direct examination does not open the door in that regard to cross-examination that assumes the defendant's guilt with respect to the charged crime, which is what this question does.
THE COURT: Double-teamed? That's okay.
MR. DRATEL: You haven't disallowed it on the other side.
THE COURT: That's all right.
MR. DRATEL: They can't ask questions about candor as a trait when the direct exam is about peacefulness and violence. They can ask about peacefulness and violence, but they can't open it up to other traits.
THE COURT: I think this is going to go fairly quickly, and it's probably not worth spending a lot of time on.
MR. TURNER: In terms of guilt-assuming questions, starting the Silk Road website is something they've opened.
MR. DRATEL: That's a different trait. That trait is not at issue.
THE COURT: I hear you. Mr. Dratel's point is if they're going to ask about peacefulness, then we should limit it to peacefulness.
MR. TURNER: He's not charged with being nonpeaceful. He's charged with --
THE COURT: I know, but you brought in instances of some violent conduct, so I would certainly allow that. This will be quick I assume.
MR. TURNER: Yes.
THE COURT: The next one is going to be similar?
MS. LEWIS: Yes.
THE COURT: Then the other two witnesses are going to be here in the morning?
MS. LEWIS: I just got a text message from one of them that his flight was delayed to Cincinnati and won't arrive I believe until late tonight. That's assuming he gets out.
THE COURT: We're not expecting to call him right now. We're close enough to 5:00. That's all right.
Something else?
MR. HOWARD: The only it goes to impeach the witness' actual knowledge of the --
THE COURT: What I'm saying is, let's just take this relatively straightforward for the next witness and just I think we can avoid it. I don't think this is something we need to do.
MR. DRATEL: Very good.
(Continued on next page)