Mr. Winston, Ms. Willingham and REDACTED leave the bar and catch a taxi; on the way back to Ms. Willingham’s apartment Mr. Winston asks if he can spend the night there.  Ms. Willingham consents.

January 15, 2011 –Shortly after 2 a.m.,  Ms. Willingaham  and  REDACTED run across Massachusetts Avenue and enter the building. Mr. Winston goes to an ATM to get cash for driver, then returns to apartment.

Norman Zalkind on cross examination.:

“Q: And you ran – I think you were saying on your direct that arm in arm you ran across the street?

A: Okay. Yes.

Q: And you had to go over the barrier; is that right?

A: Yes.”