June 4th, 2008:
Susan Asplund and myself were called to testify for the defense. Ms. Asplund is another social worker who had visited our home to check on the living conditions and general well being of all the children. During the cross-examination of Ms. Asplund by state prosecutor Ms. Rachel Phipps-Yonas, Ms. Phipps-Yonas decided to ignore her own Motion in Limine and introduced the evidence that I had stolen a pick-up truck load of gravel from a neighboring gravel pit in 2000, while I was building our new home. During trial prior to this incident, I had previously addressed with the court the need to remind the state to adhere to prior Motions in Limine rulings. I was verbally reprimanded for wasting the court's time readdressing rulings which had previously been made, and also at this point learned I was banned from Judge Lee's chambers. When Ms. Phipps-Yonas asked Ms. Asplund, “Didn't you also investigate the defendant stealing some gravel?” I immediately moved for a mistrial. Of course, I did not get one, instead I was instructed by Judge Lee to formulate a jury instruction, basically telling the jurors to ignore the incident about the gravel. I believe there is an adage regarding the un-ringing of a bell, and I suspect the Honorable Raymond Lee has also heard the saying. I begin giving testimony next.

June 5th, 2008:
I continued giving my testimony. Because I was representing myself, Judge Lee required that my legal advisor, Mr. Evan Romberg, would ask questions to which I would reply. Mr. Kevin Pollak did the cross examination of myself. In Arizona, after a witness gives testimony, the jury is allowed to ask questions of a witness, provided they are ruled admissible by the judge. By taking the stand in my own defense was the only way the jurors would have an opportunity to hear my denial of the abuse. My personal opinion has always been; if the accused has nothing to hide, taking the stand is a requirement in a case where the accused is charged with sexual abuse.

June 6th, 2008:
Following a court hearing, Ms. Phipps-Yonas gave me a cassette tape containing the recording of my last telephone conversation with Cherie prior to being arrested on January 5th, 2003. I had gone through 2 prior trials and never knew the recording existed.

June 9th, 2008:
Before I resumed the witness stand, I addressed with the court regarding the failure of Ms. Phipps-Yonas to provide the audio tape in a timely manner. During trial, the court granted the state the ability to introduce “flight evidence” from 2003 while precluding myself from informing the jury I had opportunity to flee in 2005. The audio tape contained five (5) instances where I asked Cherie to meet with me to discuss the allegations. Judge Lee ruled the tape was given to myself in a timely manner. I asked for a temporary trial delay to have the audio tape analyzed and enhanced, Judge Lee denied my request. While attempting to play the audio recording to the jury later on in the afternoon of June 9th, 2008 Judge Lee ruled because the audio quality was so poor, the tape must be stopped and the tape was ruled to have no evidentiary value. Since that time I have had the tape transcribed to view the transcription click HERE.

June 10th, 2008:
The defense rested and the state called Dr. Leslie Quinn as a rebuttal witness to my defense expert, Doctor LeMire. Essentially, Doctor Quinn's testimony was that only 1%-3% of sexually penetrated girls will show symptoms of penetration. After Doctor Quinn testified, the state began their closing statement.

June 11th, 2008:
The defense presents it closing argument, and the state closes with their rebuttal argument.

June 16th, 2008:
The jury returned with the verdict of “guilty” on all eleven (11) counts.
Following the verdict I immediately filed a motion for a new trial which was denied by Judge Lee. Additionally, I filed a request with the court to preserve courtroom security and video recordings. The courtroom in which my trial was held contains numerous wall mounted video cameras. During trial, while I was on the witness stand, Detective Kathy VanGordon who was sitting at the state's table, would continuously shake her head during my testimony. This was so distracting and unprofessional I addressed the issue on the record with the court. The following day, Cherie Queen, my ex-wife, then began the facial distractions. Again it was addressed on the record. Following trial I was also informed there were possibly instances of physical prompting of witnesses by Ms. Rachel Phipps-Yonas on how to respond to my questions. I also had individuals commenting on the physical behavior of Judge Raymond Lee during the trial itself.
As to my request to preserve the video tapes, the June 26th, 2008 Minute Entry states: “This division does not operate audio or video equipment during court proceedings. The official record is recorded and maintained by the court reporter”.
Following Judge Raymond Lee's denial of my request for a new trial, on July 23rd, 2008, I petitioned the court of appeals for reconsideration of the motion for a new trial. HERE