**This all transpired quickly, I tried to take short hand notes as best I could, much of this is paraphrased, anything important enough to have been a direct quote I will try and denote with ", this will be the same for all witness testimony appearing here.**
PROSECUTION:
What is your name, and can you spell your last for us please?
Amelia B-O-R-E-K.
Have you had a different last name?
Witaseck
Where did you go to College?
Poland, I met Asha there.
You knew Asha?
Yes
What did you study?
We both studied music, had the same major, and were in the same class.
What was Asha like?
Bubbly, friendly, helpful, happy.
Was she a friend?
Yes.
Did you move to the US?
Yes, in 1999.
Why?
I was curious, wanted to travel, see the United States.
What jobs have you held since you have been in the US?
Dental Assistant, now Registered Nurse in Pennsylvania.
When did Asha come to the US?
2000.
Where you aware Asha got married?
Yes I was aware.
Did you ever see Asha in the US?
Yes once, close to when she arrived here, in New York. She was working as a waitress and a nanny.
An Au Pair? **A live-in-nanny
Yes
Did you speak on the phone a lot in 2006?
Yes, February of that year we talked a lot.
Could you not talk much before that?
Yes, it was a problem, I was in a very controlling relationship.
What was your phone number back then?
[she says her number, New Jersey cell phone if I remember right]
What language would you speak to Asha during those calls?
Polish **Explained as Polish immigrants living in the US it was nice to speak to an old friend in your native tongue**
Did you talk on the phone between February and her death?
Yes, weekly.
What would you talk about without telling me exactly what your conversations were about?
Love, heartache, etc etc.
Did you ever talk about paternity testing for Asha?
Yes, I said she should go through with the DNA paternity testing.
Why?
She was going to need help financially with the child.
How many times did you tell her that she should get a DNA test?
Every conversation, it was the only reasonable way to help her.
Do you remember your last conversation with her?
Yes, it was September 9th, 2006.
What time?
10:00 or 11:00 my time, so with the 3 hour difference between 7:00 and 8:00 here.
Did you talk about what she was doing with the baby?
Yes, she was waiting for McClish infront of Ben Lomond Market, waiting for the manager she believed to be the father of the baby.
Did Asha ever discuss McClish?
All the time.
Did she tell you that he was married, and had 3 kids?
Yes, she told me he was married with 3 kids.
Why was she waiting for him?
She was confronting him to say she was keeping the baby, and that she wanted a paternity test. If he was the father, she was going to go through the court system to get child support from him.
She was going to do all this right then?
Yes, it is why she was there waiting.
What about the conversation, did she tell you what she was going to say?
Yes, we even practiced the conversation as she was waiting for him. I played McClish's role so she could practice.
What did she practice?
Saying that she was keeping the baby, that she wanted a DNA test, and that if McClish was the father she would be going through court for child support.
Did you add anything to her conversation?
No, she just practiced with me as McClish.
How long was the phone conversation?
8 to 9 minutes.
Have you looked at the phone records?
Yes
When was she suppose to call you back?
On Monday, she never did.
Do you recall what the last words she said to you were?
"He is here, I have to go."
**At this point Mrs Borek was crying badly**
Who was the detective that called you, and when?
Hernandez, he had been calling me for a week, I thought it was a salesman, I finally picked up but hung up after hearing a few words from him, again thinking it was a salesman. He left a message at that point, telling me he was a detective and that Asha was missing.
Is it true that at this point Asha was just missing?
Yes, but it had been a week, I was told it was probably going to escalate into a homicide case.
Did detectives visit you? Did they go through your records?
Yes, and yes.
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DEFENSE:
Asha was a friend?
Yes
A good friend?
Yes
Were you happy to help the Police?
Yes
Did you want to see the person responsible brought to justice?
Yes
You had numerous conversations with Asha during her pregnancy?
Yes
Did you visit her here, or did she visit you there, in New Jersey?
No
Are you older than Asha?
Yes
Were you like an older sister?
No just friends
Did Asha mention Michael her manager just once?
No all the time
Once a week you talked on the phone?
Yes, mostly on the weekends.
You expected to hear from here 2 days after your last conversation?
Yes, I called once and left a message trying to reach her.
Sometime after that you got a call?
Yes, I thought the detective was a salesman.
He never left a message?
Only after I answered and eventually hung up did he call back and leave a messsage.
During the course of the message did the detective suggest that they "expected homicide?"
Yes, I called the Sheriff, spoke to detective Hernandez.
How long was it before the detective came to talk to you in person?
A year
Did they show you anything?
No
2007 was the first interview?
Yes
Did you show them your phone records?
Yes
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SIDEBAR CALLED BY JUDGE
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PROSECUTION:
When you spoke to Detective Hernandez, did you tell him everything?Yes
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