When Tim visited the Astles in the Nashville house owned by Brian Schiff, he always went to sleep on a couch, futon, or bunk of a bunk bed alone, without another person in it. On several occasions, he woke up and found that while he was sleeping, one or more of the three children had joined him on the couch, futon, or bunk, and that this was considered common practice by all adults in the household. He was annoyed by this and told us so–our family told him never to sleep at that house again but he insisted to us our concerns were misplaced, and that he did take steps to end the practice of bedsharing. He addressed this with Jennifer, who at the time acknowledged his concerns but did not follow up with any corrective action with the children. In the phone call Jennifer made to Tim secretly under the direction of the police, he brings up one of these conversations he had with her, and she admits that more than one conversation about this took place. This is Tim’s response to Jennifer asking him if there might have been anything he could have done that would have confused them into thinking they were abused:
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Because this excerpt mentioned “three girls” and only two girls alleged abuse in Nashville, this excerpt was removed from the exhibit, so the convicting jury never heard that Jennifer acknowledged Tim didn’t want the girls in bed with him and asked her to help it stop.
Later in trial, she denies these conversations took place. This is from the October trial, cross-examination of Jennifer Astle by Bernie McEvoy, referring to the arguments the girls had among themselves about who would be joining Tim in the bed. The girls testified they never had these arguments, that Tim only joined them in bed, but Brian Schiff and Jennifer both testified they did get in bed with him while he slept and argued over who would get to do so. Here, Jennifer admits the girls had those arguments but denies that Tim suggested to her that they not get in bed with him:
Although Jennifer claims that she did not ever give Tim directions on sleeping arrangements, and that Tim took every opportunity to sleep in a bed with a girl, Tim’s friend Matt Jaboor testified to the opposite. Jaboor testified to a trip he made with Tim to the rental property in Clarksville in January 2009 to work on the house, and to Jennifer telling Tim to spend the night in the room with Child 2, but instead Tim slept alone in another room on the couch. This is from redirect of Matt Jaboor by Bernie in the October trial:
Bernie did not attempt at any time to enter the admission by Jennifer that Tim had approached her to end the girls joining him in bed to impeach her testimony in the October trial.