KEY TESTIMONY:

Questioned by Assistant Commonwealth Attorney Jon Heck.

• Max gained "maybe 20-25 lbs" and "I would say 2-3 inches" when asked about if Max had any weight gain or increase of height from the beginning of the 9th grade to the beginning of the 10th grade.
• Max didn't like to take his medication.
• She bought Max the supplement Creatine from GNC in March or April 08.
• Knowledge of creatine use beginning March-April 08'. Does not say when he discontinues use, but says she did not buy any through the summer and the police collected a bottle with pills in it.
• Max wanted to quit playing football but "We wouldn't let him".
• Monday morning was the last time she saw him.
• Max doesn't come to Greenwood Elementary until after practice.
• Christina Spiva called on her cell phone as she was walking to her car and told her "Michele you need to get over here quick Max is down on the field and I don't think they are moving fast enough."
• Max's eyes were half open and blood shot.
• Stinson is with team when she arrives. With her attention on Max, she first notices Stinson on the other side of the stretcher after EMS arrived.
• Testifies they were holding an ice bag to his neck and running water over the ice.
• Testifies another player is taken along with Max. She describes A.C. as "walking with assistance" and that she "helped trying to keep him falling over from being woosy" during trip to hospital.
• After all measures were exhausted she was told Saturday night that Max was going to die and they asked "how we wanted to do it basically".
• She was approached by Deputy County Coroner Sam Weakley.
• When asked by Commonwealth's Attorney Jon Heck asked if she requested an autopsy she replied "no".
• She had known Stinson for over a year and had experienced no problems with him.
• At the hospital Stinson said "the football players were not hustling and were kinda goofing around, so he just stopped the practice. He started running them. He said I ran them. I ran them hard". He was upset about it.
• Dave Stengel called and she met with him and they discussed the situation. She signed a waiver for medical records.
• She was interviewed by Det. Denny Butler when he came by to pick up the creatine.
• She hired civil attorneys and never refused to co-operate with law enforcement.
• Identifies C.S. as Max's girlfriend and she got to know her "quite a bit". Stated he had just started dating her at the beginning of the school year. She talked with C.S. at the hospital and there were no problems with Max. Felt like she could talk to C.S. Reported no problems with C.S.
• Stated if Max got sick when he was with his father he would come home, or if we he was already sick he would stay with her.
• Use of Adderall is on Max's physical form and is disclosed to PRP high school.
• States that a civil suit has been filed.

Cross Examination

Questioned by Attorney Alex Dathorne.

• States that she shares joint custody with ex-husband and she normally has Max on Monday and Wednesday. Max's father has him Tuesday and Thursday, and they alternate weekends.
• She would fill the prescription once a month and give half to Jeff and she kept half at her house. "I never gave it to Max. I always gave it to Jeff. Whenever we exchanged I would give it to Jeff".
• We had to tell him every morning to take medicine. He didn't want to take his medicine.
• Stated she doesn't know for sure how it was at Jeff Gilpin's?
• Did not closely regulate the amount of creatine that Max was taking.
• Had made a hair cut appt. for 6:30 because practice has ended by then or a little earlier.
• States she arrives at the practice field at 6:23.
• Describes Jeff and Max's relationship as good and healthy.
• Jeff encouraged Max to lift weights and play football.
• Jeff was very interested in Max's football activities.
• It was not unusual for Jeff to attend practices and he was at the practice field when she arrived.
• She didn't think he was supposed to be there since he was going to be out of town.
• Stated that Max was proud of his weight gain, lifting weights and playing football.
• States that she was first contacted by David Stengel, Commonwealth Atty who is an elected official.
• He asked for a meeting and they met.
• Stated filed lawsuit against most other coaches at practice, principal, and athletic director as individuals. Did not file a lawsuit against the school system.

Redirect

Questioned by Assistant Commonwealth Attorney Jon Heck

• Stated had amount of Adderall needed at his fathers home.
• Stated Max did not take Adderall during the summer because he didn't like the side effects. Stated that he was actually ADD not ADHD because he didn't have the hyperactive problems.
• Not aware of any problems with Max taking Adderall while playing football.
• Described Max as much quieter when on meds and it took away that fun loving personality.
• Stated Max began taking his medication again on August 7th.
• Stated she had no concerns about Max taking Adderall while playing football.
• Stated she filed lawsuit because she was not satisfied with the answers she received to PRPHS.