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Residence) of the deceased was his residence at TownofAlphamton, Montgomery, and had no other domicile. In consideration of making such affidavit and return the undersigned (if such person) would receive a check made out to the owner of the personal property which is described in the above affidavit. (Signed) GABRIEL F. BER ROT, Dated: October 4, 2015, by Judge R. L. Edmonds/Trial Court Jury Present for Trial — Jury Trial Date: November 5, 2015 State's witnesses: John K. Leave, Jr.: At 9:30 am on the day of the offense testified under oath that in the time preceding the offense, he had been staying at his residence at 703-G1-C10 in Phaeton for approximately four hours. Leave's testimony was consistent with the testimony of Tawny Fortunato, who had testified on October 12, 2015, that after being given permission to move into the residence, Leave resided in it for thirty-two hours, and that when she left, he returned to the residence and remained there for twenty-four hours. Leave further testified at 9:45 am that at approximately 2:00 pm on the day of the offense, he was out in the yard having a cigarette with Leblanc and Tawny Fortunato. Leave stated that between two and three o'clock that afternoon, Leblanc and Fortunato returned home and were not seen again before 7:00 pm. Leave stated that he had not heard any other cars on the street from that time on. Tawny Fortunato: At 9:54 on the day of the offense Fortunato testified under oath that she and Leblanc returned home from shopping at 733 Southland Drive, located across G1-C10 from the residence, approximately one hour earlier than when she had arrived from shopping. Fortunato testified that while the two women were shopping, they were approached by Leblanc and Tawny Fortunato. Fortunato stated that they both went over to 813 Southland Drive, located adjacent to the residence and Leblanc purchased several packages of cookies and a carton of milk as well as an apple.

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