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♪ mom ♪ last year i asked for robots and santa gave me an army guy ♪ >> that was your dad. >> fourth graders singing about santa, it's pretty funny. ♪ you're never too old to sit on santa ♪ >> onlookers aren't sure who to trust. take this woman, for instance. >> she went up and said, what is this? they were commiserating on why is this guy singing? then, you know, ten seconds later lauren steps out and starts singing. ♪ you're never too old to sit on santa ♪ >> the same woman maybe a minute later is talking to the actor, jim, and then he starts singing. ♪ i'd like to sit on san...

♪ he turns 9 in july ♪ ♪ last year i asked for robots, santa gave me an army guy ♪ >> that was your father's call. >> fourth graders singing about santa, it's pretty funny. ♪ you're never too old to sit on santa ♪ >> onlookers aren't sure who to trust. take this woman, for instance. >> she went up and said, what is this? they were commiserating on why this guy was singing. ♪ you're never too old to sit on santa ♪ >> the same woman maybe a minute later is talking to the actor, and then he starts singing, too. ♪ i would like to sit on santa >> you should. ♪ but i'm worried i'...

>> i don't know. i only know what was told to me. >> and that was -- >> rescue, police, that was all i knew about. >> of course he was not arrested. he was in police control or custody literally from the scene forward, was he not? >> yes. >> and his phone was taken from him? >> yes. >> mention was made -- first of all, you took the taped statement, correct, and we've heard that. and then you asked him to do a written statement. why have both? >> i believe i was asked to -- i believe chris serino had asked to have it on a written statement, as well. >> if you get within an inch or so or five in...

Or custody, literally from the scene forward, was he not? >> yes. and his phone was taken from him, correct? >> yes. >> mention was made, first of all, it took the statements, correct, heard that and asked to do a written statement. why have both? >> asked me to have it put on a written statement. i believe chris serino asked me to put it on a written statement as well. >> is that microphone very sensitive? if you get more than five inches or so, it is better. so if there is a range in there. if you can do that, it will help the jury. >> i'll try. >> thank you. >> okay. you've had a chance to ...

♪ last year i asked for robots, santa gave me an army guy ♪ >> fourth graders singing about santa, it's pretty funny. ♪ you're never too old to sit on santa ♪ >> onlookers aren't sure who to trust. take this woman, for instance. >> she went up and said, what is this? they were commiserating on why this guy was singing. ♪ you're never too old to sit on santa ♪ >> the same woman maybe a minute later is talking to the actor, and then he starts singing, too. ♪ i would like to sit on santa >> you should. ♪ but i'm worried i'm too fat ♪ you're not fat you're just a little husky ♪...