Q. (BY MR. WOOD) I want to make sure you very clearly have stated to Mr. Hoffman you don't
know the state of the evidence as of the present date with respect to this investigation, true?

MR. DIAMOND: State of the evidence? What do you mean by that?

MR. WOOD: That's his term, state of the evidence.

MR. DIAMOND: That's his term?

MR. WOOD: Yeah, it's why I'm asking.

Q. (BY MR. WOOD) You said very clearly to Mr. Hoffman you do not know the state of the
evidence with respect to the JonBenet Ramsey investigation, as you sit here today, the state of the
evidence as of September 2001, true?

A. After leaving the police department, yes, that concluded my official participation. I have followed
the case through the media, but as far as being privy to anything that occurred in the grand jury or
continued evidence testing, I'm unaware of that.

Q. You knew the state of the evidence as it existed in the case as of March 2001, true?

A. That was during the period which -- no, the grand jury had concluded -- no, I -- no, I wasn't inside
the police department reviewing evidence at that time either.

Q. But what you did know and you had actual knowledge of was that a grand jury had met for some
13 months and had not issued an indictment against John and Patsy Ramsey, right?

A. I don't know that. Do you know that?

Q. Sir, was an indictment issued? Do you have information there was an indictment of my clients
that nobody has bothered telling them or me about?

MR. HOFFMAN: Actually, Lin, Patrick Burke has information that he should have told you about
which he announced to the media that according to him the grand jury actually took a straw poll. Why
don't you ask Patrick Burke.

MR. WOOD: Let me tell you, Darnay, that won't count against my time.

MR. HOFFMAN: Okay.

MR. WOOD: But you're right, it was a straw poll; it was a vote not to indict. Thank you for bringing
something to my attention that I already knew.

MR. HOFFMAN: Okay.

Q. (BY MR. WOOD) Would you answer my question, sir? It's pretty simple. You know that no
indictment was issued by the grand jury, true?

A. I don't know what the grand jury did.

Q. I'm not asking you what they did in terms of whether they voted or not, sir.

MR. DIAMOND: I think he's asking you --

Q. (BY MR. WOOD) I'm asking you whether they issued an indictment to indict John and/or Patsy
Ramsey?

MR. DIAMOND: -- are you aware of any public report of such an indictment.

A. No.

Q. (BY MR. WOOD) You also know that after the grand jury was dismissed that Alex Hunter
stated publicly that all seven of the prosecutors in the case unanimously agreed that this was not a case
where they felt that evidence was sufficient to justify at that time a prosecution. You know that, too,
don't you, sir?

A. That Hunter --

Q. Made that statement publicly?

A. Made the statement that his advisors supported that decision?

Q. Seven prosecutors, not his advisors, seven prosecutors, you know that, don't you, sir?

A. I know that statement was made.

Q. Do you have any knowledge to contradict the accuracy of that statement, that is to say that some
of those seven did not so agree as Mr. Hunter stated? Do you have anything to contradict that
factually?

A. You would have to poll them, Mr. Wood.

Q. I'm polling you. Do you have any information to contradict that, Mr. Thomas?

A. No.