170
1 UNITED STATES DISTRICT COURT
2 FOR THE WESTERN DISTRICT OF NORTH CAROLINA
3 CHARLOTTE DIVISION
4
UNITED STATES OF AMERICA, )
5 )
)
6 vs. ) File No. 3:97CR23-P
)
7 AQUILIA MARCIVICCI BARNETTE, )
)
8 Defendant. )
)
9
10
11 Transcript of proceedings before the Honorable
12 ROBERT D. POTTER, Senior United States District Court Judge,
13 before Scott A. Huseby, Official Court Reporter and Notary
14 Public, on the 22nd day of January, 1998.
15 APPEARANCES:
16 For the United States:
17 ROBERT J. CONRAD, JR.
THOMAS G. WALKER
18 Assistant United States Attorneys
227 West Trade Street, Suite 1700
19 Charlotte, North Carolina 28204
20 On Behalf of the Defendant:
21 GEORGE V. LAUGHRUN, Esq.
Suite 602
22 301 South McDowell Street
Charlotte, North Carolina 28204
23
24
25
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
171
1 APPEARANCES: (Continued)
PAUL J. WILLIAMS, Esq.
2 Suite 801
301 South McDowell Street
3 Charlotte, North Carolina 28204
4
5 ---
6
7 THE COURT: Good morning, everyone.
8 MR. CONRAD: Good morning, Judge.
9 MR. LAUGHRUN: Good morning, Your Honor.
10 THE COURT: I understand Mr. Laughrun says that
11 Mr. Conrad wants to put something on the record. Is that right,
12 Mr. Conrad?
13 MR. CONRAD: Not that I know of.
14 MR. LAUGHRUN: Well, Judge, yesterday afternoon we
15 had --
16 THE COURT: Maybe you wanted him to put it on the
17 record.
18 MR. LAUGHRUN: Well, no. Yesterday afternoon, he and I
19 talked about the Jencks request we made about 4:00 o'clock,
20 4:15, whenever we recessed. We talked about whether or not
21 there would be any witnesses who had Jencks material. He
22 informed me and I take him at his word as I always have that
23 there is no witness for the government going to testify that
24 testified before the Grand Jury, and if that's the case our
25 Jencks request is a moot issue, if Your Honor please.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
172
1 MR. CONRAD: That's what I told him.
2 THE COURT: Do you want the put on the record what you
3 said?
4 MR. CONRAD: That's what I told him.
5 THE COURT: Okay, thank you.
6 MR. LAUGHRUN: Judge, also, there are some folks in the
7 courtroom, we don't know if they're witnesses or not, and I --
8 other than the victim impact witnesses, Your Honor already has
9 ruled on over our objection.
10 THE COURT: Any witnesses back there? Shouldn't be.
11 (No response.)
12 MR. LAUGHRUN: I mean, we just don't know who they are
13 and we would just make that request.
14 THE COURT: Thank you, sir. Call the jury.
15 (The jury returned to the courtroom.)
16 THE COURT: Good morning, ladies and gentlemen, hope you
17 had a pleasant evening. I'm going to have to ask you each
18 morning whether or not any of you have seen, heard or read
19 anything about this case.
20 (No response.)
21 THE COURT: Anybody discuss it with you?
22 (Jurors shake heads.)
23 THE COURT: All right, thank you very much. I
24 understand from the shaking of the heads that nobody has seen,
25 heard or read anything about it, nor has anyone discussed it
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
173
1 with you, is that correct?
2 (Jurors nod heads.)
3 THE COURT: Thank you very much. Call your next
4 witness.
5 MR. CONRAD: The United States would call Melinda
6 Burden.
7 MR. WILLIAMS: What is the name of the witness?
8 MR. CONRAD: Burden.
9 MELINDA BURDEN,
10 being first duly sworn, was examined and testified as follows:
11 DIRECT EXAMINATION
12 BY MR. CONRAD:
13 Q. Would you please state your name for the jury?
14 A. Melinda Burden.
15 Q. Ms. Burden, how old are you?
16 A. 17.
17 Q. In April of '96, how old were you?
18 A. 16.
19 Q. Where do you live?
20 A. Roanoke.
21 Q. Now, in April of 1996, what was your street address?
22 A. I can't remember.
23 Q. Okay. Let me approach and hand to you what's been
24 introduced into evidence as Government's Exhibits 7F, G, H and
25 I, and ask if you recognize this area of Roanoke?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
174
1 A. Yes, I do.
2 Q. Okay, and what do you recognize it as?
3 A. That was my house (indicating) right there.
4 Q. All right. And do you know Robin Williams?
5 A. Oh, no, I didn't know her personally.
6 Q. Did you know where she lived?
7 A. Uh-huh, right here.
8 Q. Okay. So your house is right here (indicating)?
9 A. Uh-huh.
10 Q. And Robin Williams' house is on the corner that you just
11 pointed out?
12 A. Uh-huh.
13 Q. Is there -- does your house include this property in
14 here (indicating)?
15 A. All the way to back here it does (indicating).
16 Q. And is there a path that goes through that area?
17 A. Yes, there is a way you can come over here in the yard
18 and look all the way down and see everything down here.
19 Q. If you go down that path, can you see Robin Williams'
20 apartment from your property?
21 A. Uh-huh.
22 Q. In April of 1996, did anything unusual happen?
23 A. Yes.
24 Q. In the wee hours of the morning?
25 A. Uh-huh.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
175
1 Q. Go ahead and tell the jury what happened.
2 A. I was sleeping and I heard, I think it was four
3 gunshots.
4 Q. Uh-huh?
5 A. And I woke up and I went outside, and I heard this woman
6 screaming and banging on the people's doors screaming, help me,
7 help me, he is going to kill me. And I heard glass breaking,
8 and I seen a car come up my road with loud music on, and the
9 person that was in it went down a dead end street, came back
10 right by my house, by me and my mother. And he had his arm up,
11 looked like he was adjusting the rear view mirror, and I seen
12 the fire of a cigarette in the passenger seat, and that's really
13 all I seen.
14 MR. CONRAD: That's all I have, Judge.
15 THE COURT: Cross?
16 CROSS-EXAMINATION
17 BY MR. LAUGHRUN:
18 Q. Ms. Burden, did you give a statement to the police,
19 ma'am?
20 A. My mother did.
21 Q. No, did you give one, ma'am?
22 A. No, sir.
23 Q. Give a statement to any FBI agents?
24 A. Yes.
25 Q. Who did you talk to, ma'am?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
176
1 A. I think it was Mr. Conrad.
2 Q. Mr. Conrad being the prosecutor here?
3 A. Yes.
4 Q. Did you talk to anybody besides Mr. Conrad or Mr. Walker
5 seated at that table?
6 A. Yeah, I talked to a man that came to my house.
7 Q. Did he write down what you said?
8 A. No.
9 Q. Did he record it on tape or any way at all?
10 A. No.
11 Q. Is that someone from the Roanoke police department?
12 A. Yes, I think.
13 Q. Now, you folks had some dogs on your property, did you
14 not?
15 A. Right.
16 Q. When you lived there?
17 A. Yes, we had one.
18 Q. And did it sleep outside?
19 A. Yes.
20 Q. Was it barking that night?
21 A. I'm not sure.
22 Q. And you can't identify anybody in the car, can you?
23 A. No.
24 Q. Can you give us a description of the car?
25 A. It was like a little sports car. It had primer spots on
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
177
1 it.
2 Q. Okay. Have you ever been shown a picture of that car at
3 all?
4 A. No.
5 MR. LAUGHRUN: Thank you, ma'am. Thank you, Judge
6 Potter.
7 THE COURT: Redirect?
8 MR. CONRAD: No, sir.
9 THE COURT: Thank you, ma'am, appreciating you coming,
10 thank you. Call your next witness.
11 MR. CONRAD: The United States would call Maude
12 Hubbard.
13 MAUDE G. HUBBARD,
14 being first duly sworn, was examined and testified as follows:
15 DIRECT EXAMINATION
16 BY MR. CONRAD:
17 Q. Ms. Hubbard, can you state your name for the jury?
18 A. My name is Maude G. Hubbard, and the G is for Gail.
19 Q. Do they also call you Granny?
20 A. Right, right.
21 Q. Where do you live, Ms. Hubbard?
22 A. I live at 1618 Keswick Avenue, Northeast, that's -- I
23 moved downstairs. I were staying at 1614. They moved me down
24 up underneath there.
25 Q. And that's in Roanoke?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
178
1 A. Right, Roanoke, Virginia.
2 Q. And 1614, would that be the apartment next to --
3 A. Next to where Robin, yes, sir.
4 Q. Next to 1616?
5 A. Right, right.
6 Q. And in April of last year, or I'm sorry, April of 1996,
7 were you living in 1614, next door to --
8 A. Yes, I were.
9 Q. And then sometime after that, you moved down behind in
10 the back of the apartment?
11 A. Right, right.
12 Q. Okay. Do you know Bertha Williams?
13 A. Yes, I do.
14 Q. How do you know Ms. Williams?
15 A. We all go to church, we are in the same church together,
16 and I been knowing her for a number of years. We worked
17 together.
18 Q. Do you see her in the courtroom today?
19 A. Bertha Williams?
20 Q. Yes, ma'am.
21 A. Yes, I do.
22 Q. Do you know Robin Williams?
23 A. Yes, I do.
24 Q. How do you know Robin?
25 A. I knew her from a young girl when she was in school. I
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
179
1 been knowing her practically all of my life.
2 Q. And at some time, did Robin move next door to you?
3 A. Yes, she did.
4 Q. Okay. And at some time, did a boyfriend ever move in
5 with her?
6 A. Yes.
7 Q. Do you remember the events of the night of the fire
8 bombing?
9 A. Yes, I do, but I had gone to sleep. See, I'm a
10 diabetic, and I had went to sleep, and they came there and woke
11 me up and said, Granny, get up, get up, get up.
12 Q. And who did that?
13 A. That was Doris Coleman, the lady up the hill from me.
14 Q. And after Doris Coleman -- how did she wake you up?
15 A. She just kept hollering, Granny, Granny, Granny, Granny
16 and knocking at the door. And Mr. Grub stayed down up under me,
17 I'm staying in his apartment now, and he came up there and his
18 little boy and said, Come on, get on out, Granny, get on out.
19 And I seen all of this out there, I just didn't know what was
20 going on.
21 Q. Okay. And after Ms. Coleman and Mr. Grub got you up,
22 what happened after that?
23 A. Well, I just like everybody else, I put my coat and
24 stood there and seen the fire trucks and everything. And at
25 that time, Ms. Coleman come down, well, see, Robin, I heard
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
180
1 someone hollering. But you know when you are in the apartment
2 at my age, you know, I didn't catch her voice until she went up
3 and then she came back, and then she was hollering Granny,
4 Granny, help me, help me, Granny, this didn't have to happen to
5 me. And they brought her in there and they had this cloth on
6 her arm, and she went to pull on it and all the flesh and
7 everything fell. I said, oh, my God. She said, call my mama,
8 when I tried to -- I didn't have a phone, my wires had been cut.
9 Q. So as best as you can remember, what did Robin tell you
10 when she came with the towel around her arm, what did she say to
11 you?
12 A. She just said, Granny, look here, look, Granny, said, he
13 tried to kill me, tried to kill me, said, Granny, I don't
14 deserve this, Granny, I don't deserve this. And I told her, she
15 said, call my mama. But I went there to try to call her, but
16 there was no phone, the phone was dead.
17 Q. Did you pick up your phone?
18 A. Yeah, I picked it up and it was dead, and I said,
19 Robin --
20 Q. There was no dial tone?
21 A. No dial tone whatsoever.
22 Q. Did you later learn what happened to your phone?
23 A. Yes.
24 Q. Tell the jury about that.
25 A. I learned that Mark had cut my line and hers.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
181
1 Q. And how did you learn that?
2 A. Huh?
3 Q. How did you learn that?
4 A. Well, that's what Mr. Grub said, it's the only way,
5 because everybody else had telephone service but me and Robin.
6 Q. Did he show you anything, Mr. Grub, did Mr. Grub show
7 you anything the next day?
8 A. Yeah, next day he went out there and just, you know, put
9 it back for me.
10 Q. Did you see the phone lines?
11 A. Yeah, it was -- before he cut it, he showed me, uh-huh.
12 Q. All right. Now, with Robin living next door to you, did
13 you -- did you have occasion to see her coming and going?
14 A. Yeah, I seen her coming and going to work.
15 Q. Did you ever see her boyfriend Mark Barnette come?
16 A. Yes, all the time, because he drove the car most of the
17 time. He'd take her to work and go pick her up from work.
18 Q. And you would see Mr. Barnette doing that?
19 A. Yeah, I seen him, uh-huh.
20 Q. Would Robin drive the car or would Mr. Barnette?
21 A. Mr. Barnette. He did most of the driving.
22 Q. And whose car was it?
23 A. It was Robin's.
24 Q. Okay. Now, you had indicated that your -- you are a
25 family friend, is that accurate, you're a friend of the Williams
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
182
1 family?
2 A. Right, right.
3 Q. Long time?
4 A. Long time.
5 Q. After Robin moved in next door to you, did she ever come
6 over and talk with you?
7 A. Me and her, we just had a little, small stoop. We'd sit
8 there and talk. She confirmed different things with me, because
9 she'd always, you know, asking for advice and I -- you know, I
10 have children and I know, and I always talked to her, give her
11 as a mother and a grandmother.
12 Q. Did she ever talk to you about her relationship with
13 Mr. Barnette?
14 A. Yes, she did.
15 Q. And what would she tell you?
16 MR. LAUGHRUN: Objection, Judge.
17 THE WITNESS: She just said he done got to be so
18 possessive.
19 MR. CONRAD: Granny, hang on a second.
20 THE COURT: Wait just a minute, there's an objection.
21 You're objecting to this on what grounds?
22 MR. LAUGHRUN: Hearsay, Your Honor.
23 THE COURT: Overruled.
24 BY MR. CONRAD:
25 Q. Go ahead, Granny, what did Robin tell you about her
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
183
1 relationship with the defendant?
2 A. She said she couldn't get rid of him, she just didn't
3 want to be bothered with him, she wanted him out of there, he
4 was too possessive.
5 Q. Did she tell you why she wanted to get rid of him?
6 A. Because he was fighting her and --
7 Q. Were there ever any incidents before the fire bombing?
8 A. Yes, it was, yes, it was.
9 Q. And would you hear that?
10 A. Did I hear it? No, she came back out of the house from
11 her apartment over there to tell me -- to call her mother one
12 night. He had jumped on her.
13 Q. And how long before the fire bombing did that occur?
14 A. It wasn't too long, really I just couldn't exactly tell
15 you the date and all that.
16 Q. On that night when she came over and said he had jumped
17 on her, what was her attitude like?
18 A. Nothing, she just said, I want my mama, I want my mama,
19 I'm going to call my mama. And it wasn't but a few minutes
20 before sister Bertha was there.
21 Q. So you did call Ms. Williams at least on one occasion to
22 tell her about the fire bombing?
23 A. Yes, I called her, yeah, I called her.
24 Q. And then she came over?
25 A. Yes.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
184
1 MR. CONRAD: That's all I have, Your Honor.
2 THE COURT: Cross?
3 CROSS-EXAMINATION
4 BY MR. WILLIAMS:
5 Q. When you first, Ms. Hubbard, knew that Robin and Mark
6 were dating, at the beginning of that relationship, she was very
7 happy and in love with Mark, wasn't she?
8 A. Seemed like it to me, she did.
9 MR. WILLIAMS: Thank you.
10 THE COURT: Redirect?
11 MR. CONRAD: No, sir.
12 THE COURT: Thank you, ma'am, you may step down,
13 appreciating you coming. Call your next witness.
14 MR. CONRAD: The United States would call Ray Williams.
15 RAY WILLIAMS,
16 being first duly sworn, was examined and testified as follows:
17 DIRECT EXAMINATION
18 BY MR. CONRAD:
19 Q. Sir, would you state your name for the jury?
20 A. Ray Williams.
21 Q. Mr. Williams, are you related to Bertha Williams?
22 A. Brother, yes, sir.
23 Q. She is your sister?
24 A. Yes, sir.
25 Q. Do you see Bertha in the courtroom today?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
185
1 A. Today?
2 Q. Yes.
3 A. Yes, I see her back there.
4 Q. So, Robin Williams would be your niece?
5 A. That's right.
6 Q. Do you remember an incident -- I'm sorry, Mr. Williams,
7 where do you live?
8 A. I live at 703 Hunt Avenue, Roanoke, apartment 27.
9 Q. And back in April of 1996, where did you live?
10 A. 911 Loudon.
11 Q. And is that your sister Bertha's house at 911 Loudon
12 Avenue in Roanoke?
13 A. Yes, sir.
14 Q. Do you remember a time in April when -- did you know
15 where Robin lived back then?
16 A. Yes, I did.
17 Q. Did you recall a time when her apartment was fire
18 bombed?
19 A. Yes, sir.
20 Q. Where did Robin go after her apartment was fire bombed?
21 A. She went to the hospital.
22 Q. And how long was she at the hospital, best you can
23 remember?
24 A. I don't remember all that, but she was in there quite a
25 while.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
186
1 Q. Okay. And during the time that she was at the hospital,
2 do you know if that hospital was in Charlottesville, Virginia?
3 A. Charlottesville.
4 Q. And was your sister Bertha in Charlottesville at that
5 time with Robin?
6 A. Yes, sir, all the time.
7 Q. And were you living -- strike that.
8 Was your nephew Kenneth with his mother in
9 Charlottesville?
10 A. Yes, he was.
11 Q. So were you living by yourself at 911 Loudon during that
12 time?
13 A. At that time, yes.
14 Q. And during that time when Robin was at the hospital in
15 Charlottesville, did you receive a phone call?
16 A. I sure did.
17 Q. All right, and go ahead and tell the jury about that
18 phone call.
19 A. Well, the -- the fellow called and wanted to say he was
20 concerned about Robin, wanted to know how she was.
21 MR. LAUGHRUN: Objection to hearsay.
22 THE COURT: Wait a minute. Objection overruled, go
23 ahead.
24 THE WITNESS: And wanted to know where she was at, and I
25 told him, you know where she is at.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
187
1 BY MR. CONRAD:
2 Q. Let me stop you right there Mr. Williams and ask you a
3 couple of questions. When the fellow called and asked about
4 Robin, did you recognize the voice?
5 A. I sure did.
6 Q. How did you recognize the voice?
7 A. Well, I knew who he was, because I been seeing him the
8 whole time he was with Robin.
9 Q. And whose voice was it that you heard on the phone?
10 A. Well, it was Mark.
11 Q. Do you see the person you've called Mark in the
12 courtroom today?
13 A. Yes, right there.
14 Q. Would you point him out to the jury and tell the jury
15 what he is wearing?
16 A. There he is right there.
17 Q. At the table next to me?
18 A. Next to you.
19 Q. Sitting in the middle between two gentlemen?
20 A. Yes, sir.
21 Q. Now, prior to getting that phone call, how many times
22 had you seen or heard Mark's voice?
23 A. Oh, every time he come up to the house or come around,
24 you know, I knew who it was.
25 Q. Is there any doubt in your mind that's who you talked to
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
188
1 on that phone?
2 A. No, sir.
3 Q. Okay. Now, as best you remember, tell the jury exactly
4 how the conversation went.
5 A. From what I remember, he called and asked me how was
6 Robin.
7 Q. And what did you say?
8 A. I just remember, but he said, what did he say, he was
9 concerned about Robin, where was she at, and I told him, you
10 know where she is at, just like that. And we just had a few
11 more words or something like that, you know.
12 Q. Did you ask him why he did it?
13 A. I sure did. I said, Mark, why would you do something to
14 Robin like that, and he told me, sir, Ray, I didn't do it but I
15 know who done it, just like that. And I told him he is a
16 goddamn liar, just to use my expression, and hung up in his
17 face.
18 Q. And after you hung up with him, what did you do?
19 A. I just remember I think I called somebody, I don't know
20 who I called.
21 Q. Do you remember calling Kenny?
22 A. I talked to Kenny on the phone.
23 Q. After you hung up, did you make any attempt to figure
24 out what number he had called you from?
25 A. Well, he told me, Kenny told me to --
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
189
1 MR. LAUGHRUN: Objection.
2 THE WITNESS: -- look on the --
3 MR. LAUGHRUN: Objection.
4 THE COURT: Overruled.
5 MR. CONRAD: Go ahead, Ray.
6 THE WITNESS: To look on the box and get the number, but
7 I really don't remember too much about that.
8 BY MR. CONRAD:
9 Q. Well, did you -- let me ask you this: Did you look on
10 the box and get the number?
11 A. Yeah, I did, I did. I wrote the number down.
12 Q. You wrote the number down. Did you ever tell Kenny the
13 number?
14 A. Yes, I did.
15 MR. CONRAD: That's all I have.
16 THE COURT: Cross?
17 BY MR. WILLIAMS:
18 Q. Mr. Williams, just very briefly. When you first met
19 Mark and knew that they were -- he had met and began a
20 relationship, at the beginning of that relationship you knew
21 that Robin and he were very much in love?
22 A. I don't know nothing about all that being very much in
23 love, it was just a little old fling, you know, that's all I
24 thought it was, a little old fling.
25 Q. When Mark moved into the apartment with Robin, didn't
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
190
1 you help Mark move in?
2 A. Did I help? I was there. I didn't help, I couldn't do
3 nothing.
4 MR. WILLIAMS: Thank you, sir.
5 THE COURT: No redirect, thank you very much.
6 THE WITNESS: Yes, sir.
7 THE COURT: Call your next witness.
8 MR. CONRAD: The United States would call Kenneth
9 Williams.
10 KENNETH WILLIAMS,
11 being first duly sworn, was examined and testified as follows:
12 DIRECT EXAMINATION
13 BY MR. CONRAD:
14 Q. Would you tell the jury your name, please?
15 A. Kenneth Williams.
16 Q. Kenneth, you are going to have to pull that microphone
17 closer to you.
18 A. Kenneth Williams.
19 Q. And Kenneth, do you live in Roanoke, Virginia?
20 A. Yes, sir, that's correct.
21 Q. Are you related to Bertha Williams?
22 A. Yes, sir.
23 Q. How?
24 A. That's my mother.
25 Q. And so Robin Williams would be your sister?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
191
1 A. Yes, sir.
2 Q. Now, you've been in the courtroom during this testimony,
3 have you not?
4 A. Yes, sir.
5 Q. Did you hear your Uncle Ray just testify?
6 A. Yes, sir.
7 Q. Did there come a time when you talked to him from
8 Charlottesville, Virginia?
9 A. Yes, sir.
10 Q. And what did you talk about?
11 A. Well, I was down there and I called up there because he
12 was staying at my mother's house to see if he was all right.
13 And we talked, and then he told me that Mark had called there
14 and he told me what he had said, where she was at. And then
15 I -- and then I hung up, and then I went back in the room
16 because I called from a pay phone. And I told my mother to come
17 outside or something, out of the room because I didn't want my
18 sister to hear, and I told her that Uncle Ray said that he had
19 called. And she said, Kenny, call him back and tell them to
20 push the I.D. and get the number, so I did. Then afterwards --
21 Q. Just take your time, Kenny.
22 A. Huh?
23 Q. Just take your time.
24 A. Okay. And then afterwards, I called the operator to see
25 what area code, what city, and she told me it was North
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
192
1 Carolina, so I said okay. So the next day --
2 Q. Did there come a time -- did your Uncle Ray give
3 you -- did he -- do you know whether or not he pushed the I.D.
4 button to get that number?
5 A. Well, I didn't actually see him do that.
6 Q. Right, but did there come a time when he gave you a
7 number?
8 A. Yes, sir, that's correct. That's when I called him back
9 because my mother told me to call him back, and I asked, and I
10 said, Uncle Ray, mama said push the caller I.D. to see if there
11 is a number, and he did and he gave me the number.
12 Q. Did there come a time when you took that number and
13 called the Roanoke Police Department?
14 A. Yes, sir, that's correct.
15 Q. And did you give that number to them?
16 A. Yes, sir. I called the next day, because it was at
17 night. The next day I called down to the office of the
18 detective that was in charge. I didn't talk to Mr. Kahl or
19 nothing. I talked to somebody and I told them what had
20 happened, told them who I was, and gave them the phone number
21 and told them what had happened and that was it.
22 MR. CONRAD: No further questions.
23 THE COURT: Cross?
24 MR. WILLIAMS: No questions, Mr. Williams.
25 THE COURT: Thank you, sir. Call your next witness.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
193
1 MR. CONRAD: The United States would call Sydney
2 Williams.
3 SYDNEY WILLIAMS,
4 being first duly sworn, was examined and testified as follows:
5 DIRECT EXAMINATION
6 BY MR. CONRAD:
7 Q. Would you tell the jury your name, please?
8 A. Sydney Williams.
9 Q. Sydney, are you Robin's brother?
10 A. Yes, I am.
11 Q. Where do you live, Sydney?
12 A. I live at 1441 Leon Street, Northwest, Roanoke,
13 Virginia.
14 Q. And how long have you lived there?
15 A. About six, five years.
16 Q. And do you know Mark Barnette?
17 A. Yes, I do.
18 Q. Do you see him the courtroom today?
19 A. Yes, I do.
20 Q. Could you point him out and describe him to the jury?
21 A. The gentleman right there in the middle of the two
22 lawyers with the blue suit coat on.
23 Q. How do you know Mark Barnette?
24 A. He was dating my sister. We used to have family outings
25 together and everything and he came around.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
194
1 Q. How frequently did you see him?
2 A. Well, I seen him like maybe once a month or maybe a
3 little bit more than that, because I used to work right around
4 the corner from where they were staying at and I used to go on
5 lunch break and go by there to check on her.
6 Q. Back in April of 1996, where were you working?
7 A. April of '96? At the golf course.
8 Q. And where was that golf course located?
9 A. It was located up by -- because like then, see, I was
10 actually living across the corner from them, but then I had
11 moved to the golf course, so that was like maybe two miles away
12 from my house on the other side of town.
13 Q. And what did you do at the golf course?
14 A. Actually cut the greens and the intermediates.
15 Q. And from time to time while you were working at the golf
16 course, would you come home for lunch?
17 A. Yes, I used to go home for lunch every day.
18 Q. Now, you remember the fire bombing, do you not?
19 A. Yes, I was called to the fire.
20 Q. Sometime after the fire bombing, do you recall coming
21 home for lunch from work and finding anything unusual?
22 A. Yes. Well, I had my sister's car parked at my house,
23 because my sister was in the hospital and we was running back
24 and forth up the interstate.
25 Q. Go ahead and speak up if you can.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
195
1 A. Okay.
2 Q. What kind of car did your sister have?
3 A. She had a green Toyota.
4 Q. Okay. And where was your sister when her car was parked
5 at your house?
6 A. She was in the hospital.
7 Q. And go ahead, you were about to tell the jury what
8 happened on the day that you came home from the golf course when
9 your sister's car was parked at your house. Go ahead and tell
10 them.
11 A. Okay. Well, like when you come to my house, I had a car
12 facing the carport, so I just walked right by the house and I
13 went in and made me a couple of sandwiches. And when I came out
14 of the house, you know, because when I walked by the house, I
15 didn't really like look at the front of the car, and I went and
16 made a couple sandwiches and I came back out and I seen the
17 cards on her windshield with the windshield wipers holding the
18 cards on the windshield.
19 Q. What kind of cards were they?
20 A. They was like old cards that she had wrote to him like
21 when they was together or having a long distance
22 conversation -- I mean, a long distance relationship.
23 Q. Okay. And after you found those cards on her
24 windshield, what did you do?
25 A. I proceeded to be late for work and went straight down
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
196
1 to my mom's to check on her because she had came home then.
2 Q. Who had come home then?
3 A. My sister Robin, she had came home from the hospital.
4 My mom was at work and I was at work and everything, so I went
5 straight down there and I checked the house and checked on her.
6 And so I got on the phone and I called --
7 Q. Now, when you went over to your mother's house, was
8 Robin there alone?
9 A. Yes. So then I got on the phone and I called over to my
10 Aunt Cary's house and Uncle Ray was there. So I got in the car
11 and went and picked him up, and I didn't never tell Robin
12 anything, I just went and got my uncle and picked him up from
13 Aunt Cary's and took him to Robin. But I had told him
14 everything so he could be right there with her.
15 Q. Why did you do that?
16 A. Because I didn't know if he was in town or -- he had to
17 have been in town because the cards wasn't there when I left to
18 go to work that morning.
19 Q. When you say he, who are you referring to?
20 A. Mark Barnette.
21 Q. Did you drop Ray off at your mother's house?
22 A. At my mother's house and went back and walked back
23 around the side of the house to make sure there wasn't anyone
24 around.
25 Q. All right. And what did you do after that?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
197
1 A. Uncle Ray said he was going to take care of everything
2 and be around the house, so then I just proceeded to go back to
3 work.
4 Q. Let me hand to you what has been marked for
5 identification as Government's Exhibits 50A, 50B, 50C, 50D, 50E,
6 50F and 50G and ask you, Sydney, if you recognize those
7 exhibits? Go ahead and look at each one.
8 A. Yes, sir, these are the same cards, because this one
9 right here was right on the top of the stack of cards that was
10 on the windshield of her car.
11 Q. Go ahead and speak up if you can.
12 A. Okay. These are the same cards, because these was the
13 ones that was on the windshield of her car.
14 Q. And you are referring to 50B as being the card that was
15 on the top?
16 A. It was right on the top.
17 Q. All right. Now, did you look at those cards when you
18 took them off of your windshield?
19 A. Yes, I did.
20 Q. Go ahead and take 50B out of the --
21 MR. CONRAD: Your Honor, I'd move admission of
22 Government's Exhibit 50A through 50G.
23 THE COURT: They will be admitted.
24 BY MR. CONRAD:
25 Q. Turning your attention to Government's Exhibit 50B,
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
198
1 would you take it out of the plastic and open it up and look at
2 it. Now, does that have any names on it?
3 A. Yes.
4 Q. What names does it have?
5 A. They got Robin and Mark.
6 Q. In a heart?
7 A. And a heart, it's designed in a heart, forever and ever,
8 and it's got Robin to where she signed it right here.
9 Q. At the bottom of Government's Exhibit 50B?
10 A. Yes.
11 Q. Turn your attention to the front of it. Is there any
12 writing on the front of the card?
13 A. Yes.
14 Q. What is the writing?
15 A. It's got, why did you lie.
16 Q. Exclamation point?
17 A. Exclamation point.
18 Q. Does it look like there's a signature scrawled at the
19 bottom?
20 A. It's some kind of signature, but I don't really know
21 what it is, I mean, it's like at the bottom.
22 Q. Now, if you would with each of the exhibits, would you
23 take them out of the plastic, look at them, see if there is any
24 names on the inside? Turn your attention to Government's
25 Exhibit's 50F. Is it signed by anybody?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
199
1 A. Yes, it's signed by Robin.
2 Q. And turning your attention to the front of that card, is
3 there any writing on the front of the card?
4 A. Yes, it is.
5 Q. What does it say?
6 A. It says, if you loved him so much, why did you even
7 bother with me. And it got the same like signature thing in the
8 bottom right here.
9 Q. Does it appear to be initials at the bottom?
10 A. Yes, same thing as 50B has on the bottom.
11 Q. Turning your attention to 50G, anything inside, any
12 names mentioned inside?
13 A. Yes, it's the same right here about Robin, my sister.
14 Q. And on the front of it, is there any writing on the
15 front of it?
16 A. Yes.
17 Q. What does it say?
18 A. It says, you never really loved me, and it has the same
19 thing at the bottom that the other two exhibits has.
20 Q. Let me ask you to look at 50E.
21 A. Yes.
22 Q. Signed by Robin?
23 A. Yes, signed by her. And the front has the, why wasn't I
24 good enough for you, and it got the same signature thing on
25 there.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
200
1 Q. Okay. 50D?
2 A. Yes, this one is the same also.
3 Q. By Robin?
4 A. By Robin Williams.
5 Q. And on the front?
6 A. It got, you lied to me, with the same signature emblem.
7 Q. 50C?
8 A. This one isn't signed.
9 Q. It says, loving you more, Poo?
10 A. Yes, loving you more, Poo, that's what it says.
11 Q. On the 21st birthday?
12 A. Yes, that's what it got, right here.
13 Q. And on the front -- or turning your attention to the
14 back of that card, is there anything written on the back of the
15 card?
16 A. Yes, it is, sir.
17 Q. And what does it say?
18 A. It's got, Robin, you didn't have to lie about Bennie, if
19 you loved him so much, you should have never fucked our
20 lives -- I mean --
21 Q. Is it faked?
22 A. -- faked our love, faked your love for me.
23 Q. And is there a box with more writing?
24 A. Yes.
25 Q. What does it say?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
201
1 A. These are just a sample of your lies.
2 Q. And finally, 50A?
3 A. It has Poo on it also.
4 Q. And on the front, is there writing on the front?
5 A. Yes, it is.
6 Q. What is the writing on the front?
7 A. You let him come between us, with an exclamation point.
8 MR. CONRAD: Your Honor, may I pass Government's
9 Exhibits 50A through 50G to the jury?
10 THE COURT: Yes, sir.
11 BY MR. CONRAD:
12 Q. Sydney, do you know how long after the fire bombing that
13 you came home and found these cards?
14 A. I would say approximately about, after the fire bombing,
15 because she had just came home, I would say about maybe three
16 weeks.
17 Q. Three weeks after?
18 A. After the fire bombing.
19 Q. How far was your house at that time from 911 Loudon
20 Avenue?
21 A. Approximately about maybe two and a half to three miles.
22 MR. CONRAD: That's all I have, Judge.
23 THE COURT: Cross?
24 MR. WILLIAMS: I don't have any questions, thank you,
25 sir.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
202
1 MR. WALKER: Your Honor, the government would call Mark
2 Etters.
3 MARK ETTERS,
4 being first duly sworn, was examined and testified as follows:
5 DIRECT EXAMINATION
6 BY MR. WALKER:
7 Q. Good morning, sir, will you state your full name,
8 please?
9 A. Mark Allen Etters.
10 Q. And Mr. Etters, can you tell us by whom you are employed
11 and what you do for that company?
12 A. I work for Marriott International at the Courtyard by
13 Marriott located on Arrowood Road. I'm the general manager of
14 the hotel.
15 Q. And that hotel which you manage, that's here in
16 Charlotte, is that correct?
17 A. Yes, sir.
18 Q. How long have you worked as the general manager of the
19 Courtyard by Marriott hotel at that location?
20 A. About two and a half years, sir.
21 Q. What are your general duties as manager of that
22 particular hotel?
23 A. I run the hotel from the operational standpoint and I
24 report directly to Marriott International about all of the
25 events of the hotel.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
203
1 Q. As part of your duties and responsibilities, do you have
2 access to former employee files?
3 A. Yes, sir.
4 Q. At my request, did I ask you to look into whether or not
5 your hotel at that location at one time or another employed the
6 defendant in this case, Mark, Barnette?
7 A. Yes.
8 Q. And would you tell the members of the jury what your
9 investigation showed?
10 A. We show that he did work at the hotel. He worked as a
11 night auditor in our hotel, and he left our employment 3-10-95.
12 Q. And when did he begin employment at that hotel?
13 A. He was there about a year, I believe it was April
14 of '94.
15 Q. What were his responsibilities as the night auditor at
16 your hotel?
17 A. The night auditor, he worked the evening shift, which is
18 from 11:00 at night until 7:00 in the morning, and he reconciles
19 the hotel's receipts on a daily basis. He was a full-time
20 employee. He balances the daily records of the hotel.
21 Q. Who was his direct supervisor while he was at that
22 position?
23 A. Ed Brumfield was the previous general manager at the
24 hotel.
25 Q. Was there a Scott Zehner employed by the hotel at that
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
204
1 time?
2 A. Yes, sir, that's correct.
3 Q. And was he there at the time the defendant was working
4 at your hotel?
5 A. Yes, sir, he was.
6 Q. What was Mr. Zehner's position?
7 A. He was the front desk manager.
8 MR. WALKER: I don't have any other questions, Your
9 Honor.
10 THE COURT: Cross?
11 MR. LAUGHRUN: No questions, Judge.
12 MR. WALKER: Your Honor, the government calls Lori
13 Quinn.
14 LORI LEE QUINN,
15 being first duly sworn, was examined and testified as follows:
16 DIRECT EXAMINATION
17 BY MR. WALKER:
18 Q. Would you state your full name, please?
19 A. Lori Lee Quinn.
20 Q. And Ms. Quinn, by whom are you employed?
21 A. Camelot Music, Incorporated.
22 Q. And what do you do for Camelot Music, Incorporated?
23 A. I'm manager of employee relations and recruiting.
24 Q. Is Camelot Music, Incorporated, is that a chain music
25 store?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
205
1 A. Yes, it is.
2 Q. How many stores do you have in the United States?
3 A. 320.
4 Q. Do you have a store or stores in Roanoke, Virginia?
5 A. Yes, we do.
6 Q. Tell me what your primary responsibilities and duties
7 are with your title at Camelot Music company?
8 A. I manage the entire employee relations function, which
9 includes overseeing employment records. I handle all recruiting
10 for corporate positions.
11 THE COURT: Excuse me just a minute.
12 THE CLERK: Just back off on the microphone, thank you.
13 THE COURT: Pull that microphone, just sit back a little
14 bit from it.
15 MR. WALKER: It's real sensitive. You can just sit back
16 there and talk.
17 THE WITNESS: Okay. Employee issues that arise, I
18 oversee the record retention department of all employment files
19 of --
20 BY MR. WALKER:
21 Q. Do those include former employment files?
22 A. Yes.
23 Q. If someone works for one of your stores, do you keep
24 records of that employee's employment application?
25 A. Yes, we do.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
206
1 MR. WALKER: May I approach the witness, Your Honor?
2 THE COURT: Yes, sir.
3 BY MR. WALKER:
4 Q. I want to show you what has been marked as Government's
5 Exhibit 13, it consists of three pages, and I will ask you if
6 you can identify that, and if so, what is it?
7 A. The application for employment from Camelot Music, it's
8 the first two pages, and the third page is the resume.
9 Q. Okay. And at my request, did you research your former
10 employee files for possible employment for the defendant in this
11 case, Aquilia Marcivicci Barnette?
12 A. Yes.
13 Q. And did you retrieve that particular document, that is,
14 that employment application and resume that have you in front of
15 you?
16 A. Yes.
17 Q. Is that document kept on file with your company in the
18 ordinary course of business?
19 A. Yes.
20 MR. WALKER: Your Honor, I would move that document into
21 evidence, that being Government's Exhibit 13.
22 THE COURT: 13 will be admitted.
23 BY MR. WALKER:
24 Q. Referring your attention now to that employment
25 application, does it indicate, if you would, the date that
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
207
1 Mr. Barnette first applied or began employment with your company
2 in Roanoke?
3 A. The application was completed 5-19-95 -- I believe
4 that's 4-19-95.
5 Q. Did you bring your records with you?
6 A. Yes, I did.
7 Q. Do you want to refer to those -- this is a copy, is that
8 correct?
9 A. Yes, it is.
10 Q. Do you have the original of that document?
11 A. Yes.
12 Q. If you want to refer to those, you may do so.
13 A. Mr. Barnette started his employment with Camelot on 3-20
14 of '95.
15 Q. That was March 20th of 1995?
16 A. Yes.
17 Q. And at which store was Mr. Barnette employed?
18 A. Number 185, Valley View Mall in Roanoke, Virginia.
19 Q. And what was he employed, what was his capacity of
20 employment?
21 A. He started as a sales associate.
22 Q. And what happened after that?
23 A. He was promoted to assistant manager in November of '95,
24 and then his employment was separated January 25th of 1996.
25 Q. So the employment ended in January of 1996?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
208
1 A. Yes.
2 Q. I will give you your documents back. And in his
3 employment application on the document identified as
4 Government's Exhibit 13, did Mr. Barnette indicate his reasons
5 for seeking employment?
6 A. Yes.
7 Q. What was written on the form?
8 A. I just relocated to Roanoke area, I would love the
9 opportunity to join the Camelot team, I am also a great guy.
10 Q. Let me ask you one other question. In the personnel
11 data portion of this application, did he list his home
12 residence?
13 A. Yes, he did.
14 Q. And what was the residence listed?
15 A. 1616 Keswick Avenue, Northeast, Roanoke, Virginia,
16 24012.
17 MR. WALKER: I don't have any other questions, Your
18 Honor.
19 THE COURT: Cross?
20 MR. LAUGHRUN: Thank you, Judge Potter, no questions.
21 THE COURT: Thank you. Call your next witness.
22 MR. WALKER: May I pass Government's Exhibit 13 as I
23 call the next witness?
24 THE COURT: Yes.
25 MR. WALKER: Your Honor, the government calls Thomas
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
209
1 Hodges.
2 THOMAS H. HODGES,
3 being first duly sworn, was examined and testified as follows:
4 DIRECT EXAMINATION
5 BY MR. WALKER:
6 Q. Sir, if you will sit back normally in that chair, that
7 microphone is very sensitive, would you state your full name?
8 A. Thomas H. Hodges.
9 Q. And Mr. Hodges, what do you do for a living?
10 A. Run the Electrolux store in Roanoke.
11 Q. You run the, pardon me?
12 A. Electrolux.
13 Q. And the Electrolux store is what type of business?
14 A. It's a vacuum cleaner business.
15 Q. What do you do there at that store, do you have a
16 particular title?
17 A. I manage the store.
18 Q. Were you managing the store back in April of 1996 and
19 from that point up until the present time?
20 A. Yes.
21 Q. Do you recall at a point back in February of 1996 in
22 which you conducted an interview with an individual named Mark
23 Barnette?
24 A. Yes.
25 Q. Do you see that person in the courtroom today?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
210
1 A. Yes.
2 THE COURT: Could you speak up just a little bit?
3 THE WITNESS: Yes.
4 BY MR. WALKER:
5 Q. As a part of your duties as the manager of the
6 Electrolux store, do you meet with potential employees?
7 A. Yes, I do.
8 Q. And explain the process that one would go through to
9 apply for a position with your business.
10 A. Well, basically you take a resume, find out a little bit
11 about the people, tell them a little bit about what we do, take
12 them out to look at the business, sit down and talk to them. If
13 they feel like that that's something they could learn to do,
14 would enjoy doing it, then we sit down and fill out a formal
15 application as far as employment.
16 Q. And did you eventually hire Mr. Barnette?
17 A. Yes, I did.
18 Q. In what position was he hired, what was he hired to do?
19 A. Sales and service.
20 Q. When you say sales, is that sales to the public?
21 A. Sales to the public, servicing equipment that's already
22 out there.
23 Q. Did he complete an employment application with you?
24 A. Yes, he did.
25 MR. WALKER: May I approach the witness, Your Honor?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
211
1 THE COURT: Yes, sir.
2 BY MR. WALKER:
3 Q. Let me show you Government's Exhibit 14, it consists of
4 two pages, and I will ask you if you can recognize that
5 document, and if so, what is it?
6 A. Yes, that's the standard documents that they fill out
7 that goes into Atlanta, Georgia as far as employment.
8 Q. And is that particular application, is that the
9 application that you referred to that you completed with the
10 defendant?
11 A. Yes, it is.
12 Q. It consists of two pages, is that correct?
13 A. Yes.
14 Q. Okay. And at what time or what date was that employment
15 application completed?
16 A. It was on February 15th of '96.
17 Q. Of 1996?
18 A. Uh-huh.
19 Q. Did he indicate what his residence was there in Roanoke
20 when he interviewed with your company?
21 A. Keswick Avenue, Northwest -- Northeast, Roanoke.
22 Q. And did he give a number for the Keswick Avenue?
23 A. 1616, I believe is what that says.
24 Q. At some time, did the defendant's employment with your
25 company come to an end?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
212
1 A. Yes, it did.
2 Q. And when was that?
3 A. That was sometime between April the 10th and the 15th.
4 Q. Of 1996?
5 A. Uh-huh.
6 Q. And did you talk with the defendant about that?
7 A. He had called and he had equipment checked out and he
8 called me and asked me to come over and pick up the equipment,
9 because he was in the process of trying to move at that
10 particular time.
11 Q. Did you go over to his apartment on Keswick Avenue?
12 A. Yes, I did.
13 Q. What did you see when you went to that location?
14 A. I saw a loading truck. I believe it was two gentlemen
15 that was there. I am thinking one of them is his dad.
16 Q. Did you see the defendant there?
17 A. Yes.
18 Q. And what were they doing with this loading truck?
19 A. He was getting his equipment out. I believe there was
20 also a police officer there at the time.
21 Q. Did you know where the defendant was going to live, did
22 you ever have a conversation with him about that?
23 A. He wrote down an address of where he was moving to, to
24 send his final check to him.
25 Q. And what was that, Charlotte, North Carolina?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
213
1 A. It was in Charlotte, North Carolina.
2 MR. WALKER: Your Honor, I would move admission of
3 Government's Exhibit 14 and I don't have any other questions of
4 this witness.
5 THE COURT: It may be admitted. Cross?
6 MR. LAUGHRUN: Thank you, Judge Potter.
7 CROSS-EXAMINATION
8 BY MR. LAUGHRUN:
9 Q. Mr. Hodge, the address he wrote down, was that 3413 West
10 Boulevard, Charlotte?
11 A. I believe that's -- I don't have the information with
12 me, I believe it is, but I think you have a copy of the address
13 that he wrote down.
14 Q. Now, you hired Mark, you never saw any violent
15 tendencies in him, did you?
16 A. As far as at work in the work situation, I never had any
17 customer complaints or anything of that nature.
18 Q. And, in fact, he wasn't your best salesmen and wasn't
19 your worst salesmen, is that a fair statement?
20 A. He really wasn't there long enough to really learn our
21 business, but he was average.
22 Q. Now, when he got ready to move back to Charlotte, he
23 called you and asked to come to the Keswick apartment to pick up
24 your equipment, did you not?
25 A. Yes, he did.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
214
1 Q. That was the equipment you entrusted him to go out and
2 demonstrate the product line, things like that, is that right?
3 A. That's correct.
4 Q. No allegation of any theft or anything when he was
5 working with you, is that a fair statement?
6 A. I think he was like short of one quart of shampoo or
7 something, and he took care of that and we mailed his last check
8 to him.
9 Q. No other problems with stealing or anything like that,
10 is that correct?
11 A. Not that I know of.
12 Q. Mr. Hodge, do you recall an awards banquet in
13 Blacksburg, Virginia that took place while Mark was in your
14 employment and he went with Robin Williams and attended that
15 banquet and you met her, do you recall that incident?
16 A. I recall the banquet that we went to. I can't really
17 recall who he brought. There was a lot of people there, and I
18 can't really recall who he brought with him.
19 Q. You recall Mark being there, is that right?
20 A. Uh-huh.
21 MR. LAUGHRUN: Thank you, Mr. Hodge. Thank you, Judge
22 Potter.
23 THE COURT: No redirect?
24 MR. WALKER: Just briefly, Your Honor.
25 REDIRECT EXAMINATION
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
215
1 BY MR. WALKER:
2 Q. Mr. Hodges, again on Government's Exhibit 14, when he
3 was applying to your company, did you ask him if he had ever
4 been convicted of a crime?
5 A. It's listed on the sheet, and I think he checked no.
6 Q. Look at that document and make sure what he checked.
7 A. Okay, the section here, have you ever been convicted of
8 a crime, is marked no.
9 Q. And you also on Page 2 of that form there is a place, is
10 there not, for reasons for leaving prior places of employment,
11 is that right?
12 A. Yes, sir.
13 Q. And referring your attention to the first one listed
14 there, former employee, Camelot Music, he indicated a reason for
15 leaving Camelot Music. What did the defendant list?
16 A. I can't quite make that out on the copy. I can't read
17 it.
18 MR. WALKER: Judge, I don't have any other questions of
19 Mr. Hodges.
20 THE COURT: Thank you, sir. Call your next witness.
21 MR. WALKER: May I have just a moment, Your Honor?
22 (Pause.)
23 MR. WALKER: Your Honor, the government would call Dan
24 Wilbur.
25 DANIEL WILBUR,
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
216
1 being first duly sworn, was examined and testified as follows:
2 DIRECT EXAMINATION
3 BY MR. WALKER:
4 Q. Sir, state your name and tell us what you do for a
5 living.
6 A. Daniel Wilbur, branch manager for Penske Truck Leasing.
7 Q. How long have you been a manager for Penske Truck
8 Leasing?
9 A. I've been the branch manager here in Charlotte for a
10 year. I've been with Penske for eight years.
11 Q. And Penske is a -- you can rent moving trucks from your
12 company, is that correct?
13 A. That's correct.
14 Q. Was your -- do you work here in a particular office in
15 Charlotte?
16 A. I work over on I-85 and Billy Graham Parkway.
17 Q. Was that office open and in business back in April of
18 1996?
19 A. Yes, it was.
20 Q. Does your company keep records of when an individual
21 rents a moving truck from your company?
22 A. Yes, it does.
23 Q. Are those kept as a part of the ordinary course of
24 business with your company?
25 A. Yes.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
217
1 MR. WALKER: May I approach the witness, Your Honor?
2 THE COURT: Yes, sir.
3 BY MR. WALKER:
4 Q. I'm going to show you Government's Exhibit 15. I will
5 ask you to take a look at Government's Exhibit 15, and tell me
6 if you can recognize what that is, and if so, what is it?
7 A. What we refer to it as a household rental agreement.
8 It's what's filled out when someone rents a truck.
9 Q. Who is that particular agreement with?
10 A. The agreement is with Barnette, Aquilia.
11 Q. And where was the agreement entered into, at which
12 Penske store?
13 A. That was rented from our agent up in Roanoke, Virginia,
14 3301 Cove Road.
15 Q. Was it a truck that was rented?
16 A. I'm sorry?
17 Q. It was a rental truck that was rented?
18 A. Yes.
19 Q. And where was the destination of the rental truck?
20 A. The destination was to be turned in at 2600 I-85 South.
21 Q. That's here in Charlotte, correct?
22 A. That is correct.
23 MR. WALKER: Your Honor, I would move the admission of
24 that exhibit, Government's Exhibit 15.
25 THE COURT: All right, sir. Mr. Wilbur, you are the
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
218
1 custodian of those records, are you?
2 THE WITNESS: Yes, we keep them as well as Atlanta, yes.
3 THE COURT: They will be admitted.
4 MR. WALKER: I don't have any other questions, Your
5 Honor.
6 THE COURT: Cross?
7 MR. WILLIAMS: No questions.
8 THE COURT: Thank you, sir, call your next witness, you
9 may step down.
10 MR. CONRAD: Your Honor, may we take a morning break at
11 this time?
12 THE COURT: All right, sir. Little early, but we'll
13 take it. Members of the jury, do not discuss the case among
14 yourselves. Go back and see if Ms. Grier has made you some good
15 coffee at this point.
16 Excuse me, did she have an exhibit in her hand, Sammy?
17 Sammy, go back and tell them to bring the exhibit back and put
18 it on the chair.
19 (The Clerk retrieves exhibit from a juror.)
20 (The jury left the courtroom.)
21 THE COURT: Recess until 10:50.
22 (Brief recess.)
23 THE COURT: Call the jury.
24 (The jury returned to the courtroom.)
25 THE COURT: Members of the jury, I may have neglected to
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
219
1 tell you, if you have an exhibit which has been passed around to
2 you in your hand whenever we have a recess, just leave it on
3 your chair, because I don't want my exhibits back in the jury
4 room until you get ready for your deliberations. You will have
5 them all back there for your deliberations, so do not try to
6 take them back and preview them right now.
7 One other thing I want to mention to you as a practical
8 matter, if you go out at lunch, you probably ought to get your
9 raincoat because I understand the it's going to raining hard
10 this afternoon. It may not be, but that's what the weather man
11 says.
12 All right, call your next witness.
13 MR. CONRAD: The United States would call Sara
14 Aldridge.
15 SARAH ALDRIDGE,
16 being first duly sworn, was examined and testified as follows:
17 DIRECT EXAMINATION
18 BY MR. CONRAD:
19 Q. Would you state your name for the jury and spell your
20 last name for the court reporter?
21 A. Sara Aldridge, A-L-D-R-I-D-G-E.
22 Q. Sarah, how are you employed?
23 A. I'm a registered nurse at the University of Virginia.
24 Q. And in what department at the University of Virginia?
25 A. The burn unit.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
220
1 Q. How long have you been a registered nurse?
2 A. Three years.
3 Q. And have those three years all been in the burn unit?
4 A. Two and a half of them.
5 Q. Okay. And in April of 1996, what were your duties?
6 A. I was a staff nurse in the burn unit at the university.
7 Q. And what does a staff nurse in the burn unit at UVA do?
8 A. We provide total care for burn patients and chronically
9 wound care parents.
10 Q. When you say total care, what are you referring to?
11 A. We provide the wound care for the burns, we provide the
12 daily care, the medications, the assessments, the monitoring.
13 Q. And wound care, what would be involved with wound care?
14 A. In relation to a burn, we tank our patients each day.
15 That's a process in which we cleanse the wound, remove any dead
16 flesh, repair the wound bed for grafting.
17 Q. Now, tanking, that's a pretty descriptive term, what is
18 involved in that process?
19 A. Tanking is a word that's kind of a carry over from years
20 ago when a patient was submerged in a large pool of water.
21 Q. Uh-huh.
22 A. The way our unit tanks a person is on a large stretcher
23 that's lined with plastic, take them into a special procedure
24 room in which they are -- we use general flow water to wash down
25 their wounds with an antimicrobial agent called Sure Cleanse.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
221
1 Then we debride or remove the flesh that is not going to heal
2 and rewrap the wounds with various products according to
3 how -- what stage of healing they are in.
4 Q. And this process, is it a painful process?
5 A. Yes, sir. Without medication, it would be very painful.
6 Q. Is that because of the debriding or the removal of flesh
7 that you were referring to?
8 A. Not so much the removal of the flesh as it is the depth
9 of the burn. A first degree burn or what we would think of as a
10 sunburn is very, very painful. A second degree burn is also
11 painful. The deeper the burn or the third degree burn in and of
12 itself initially is not painful, because the nerve endings have
13 been destroyed. We use strong medications and ample medications
14 that are quick acting, that last a very short period of time,
15 and perform what we call conscious sedation.
16 Q. What kind of medications are those?
17 A. One medication we use a called Versed. It is a
18 benzodiazepine that helps to relieve anxiety. And the other
19 medication that we actually use for pain is Phentanyl, which is
20 an opioid that is kin to morphine, but it's very quick acting.
21 Q. In April of 1996, do you recall Robin Williams being a
22 burn patient at the burn center in UVA?
23 A. Yes, sir.
24 Q. Relate to the jury how you first met her.
25 A. Our unit is very small. Our staff works as a very tight
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
222
1 team in that each of us help to provide for all of the needs of
2 each patient. I first met Robin when she was in her room. She
3 had already received her first tanking. She was laying in her
4 room very quiet and still. She was not responsive to any
5 overtures at conversation for several days. She just was kind
6 of untrusting of us at first.
7 Q. How frequent were the tanking procedures administered to
8 her?
9 A. Once a day.
10 Q. And as a staff nurse, would you have opportunity to be
11 with her during that time period that she was at the burn
12 center?
13 A. Yes, sir.
14 Q. Did you have any conversation with her?
15 A. Yes, sir, I did.
16 Q. And relate to the jury any conversation that you had
17 with her.
18 MR. LAUGHRUN: Objection.
19 THE COURT: Excuse me, I will sustain that unless we get
20 into something more specific.
21 MR. CONRAD: Thank you, Your Honor.
22 BY MR. CONRAD:
23 Q. Did you discuss a protection plan with her?
24 A. Yes.
25 Q. Describe for the jury what a protection plan is.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
223
1 A. Near the end of her stay when we are making our final
2 discharge plans, Robin was due for grafting in the next day or
3 two, I took care of her on an evening night shift. We were
4 talking about her situation and what her plans were for
5 discharge, where she would go. She described to me --
6 MR. LAUGHRUN: Objection.
7 THE COURT: Wait a minute.
8 BY MR. CONRAD:
9 Q. In the process of discussing this protection plan, did
10 you ask her about the incident which led to her coming to the
11 UVA burn center?
12 A. Yes, sir.
13 Q. And what, if anything, did she tell you about that?
14 MR. LAUGHRUN: Objection.
15 THE COURT: Overruled.
16 THE WITNESS: She told me that she had been in a fire,
17 that it had been started by her boyfriend, she had jumped from a
18 window. She told me that she wasn't sure whether she should
19 jump, whether he would be waiting for her at the bottom or if
20 she should run through the fire, but she realized she would be
21 engulfed had she run through the fire and she had no choice.
22 BY MR. CONRAD:
23 Q. Did she tell you anything else about the incident
24 itself?
25 A. That was the basics of it.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
224
1 Q. Did she tell you anything with respect to her future
2 plans?
3 A. Yes, sir.
4 Q. What did she tell you?
5 MR. LAUGHRUN: Objection.
6 THE COURT: Overruled.
7 MR. CONRAD: Go ahead.
8 THE WITNESS: She told me that she would be going home
9 with family in the Roanoke area or in southwest Virginia area.
10 She told me -- I asked her specifically if she felt that that
11 was far enough way that she would be safe, to which she told me
12 that it wouldn't matter where she went, that she was not going
13 to be safe.
14 BY MR. CONRAD:
15 Q. Now, you indicated that she was near the end of her
16 stay, ready for grafting, what did you mean by that?
17 A. When a person receives a third degree burn, the skin
18 will not regenerate, it will not heal, and skin from another
19 area of the body has to be removed and surgically implanted over
20 the area that has been burned.
21 Q. Now, so do I understand her course of treatment to be
22 one of trying to get the skin to regenerate for the first part
23 of her stay and the second phase being the skin grafting
24 procedures?
25 A. Robin had several levels of injury. The first and
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
225
1 second degree burns were promoted to heal and regenerate on
2 their own. The third degree burns that she received primarily
3 on her hands were not going to heal. It's fairly obvious after
4 the first 48 hours, and then it's preparing the wound bed. So
5 we did a little of all of it.
6 Q. Did she eventually undergo skin grafting?
7 A. Yes, sir.
8 Q. And what is involved in that?
9 A. They are taken to the operating room. Under general
10 anesthesia, skin is removed, skin and muscle tissue if that is
11 needed, she needed just skin tissue, is removed usually from a
12 leg in the thigh area. It's then sutured onto the affected
13 area. As I recall, hers was what we call a split thickness skin
14 graft meaning that it was just lifted up from, say, if this was
15 the leg, and put here on the back of her hand and sewn down with
16 compression dressings to hold it in place until it adhered.
17 Q. And as part of her discharge plan, did you discuss with
18 her her future rehabilitation plans?
19 A. Yes, sir. She said that she would be receiving
20 follow-up care at the university for the foreseeable future.
21 MR. CONRAD: That's all I have, Judge.
22 THE COURT: Cross?
23 MR. WILLIAMS: No questions, Your Honor.
24 THE COURT: No cross?
25 MR. WILLIAMS: No questions.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
226
1 THE COURT: Thank you. Call your next witness.
2 MR. WALKER: Your Honor, the government calls Jacob
3 Freshour.
4 JACOB BOYD FRESHOUR,
5 being first duly sworn, was examined and testified as follows:
6 DIRECT EXAMINATION
7 BY MR. WALKER:
8 Q. Sir, if you will have a seat and lean back in that
9 chair, that microphone is very sensitive in front of you, would
10 you state your full name?
11 A. Jacob Boyd Freshour.
12 Q. And Mr. Freshour, what do you do for a living?
13 A. Manage Quik Pawn Shop.
14 Q. You manage the Quik Pawn Shop?
15 A. Yes, sir.
16 Q. How long have you been the manager of the Quik Pawn
17 Shop?
18 A. Four years.
19 Q. And that's -- how many locations are there of your
20 business here in Charlotte?
21 A. Four in Charlotte.
22 Q. Back in May, and specifically on May 20th and May 21st
23 of 1996, were you the manager of one of the Quik Pawn shops here
24 in Charlotte?
25 A. Yes, sir.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
227
1 Q. Which particular store was that, and if you'll raise
2 your voice just a little bit?
3 A. The freedom Drive branch.
4 Q. Did you, turning your attention to the morning of
5 May 20th of 1996, did you on that particular morning have
6 occasion to sell a 12-gauge shotgun to an individual at your
7 pawnshop?
8 A. Yes, sir.
9 Q. And was that a Stephens 12-gauge shotgun?
10 A. Yes, sir.
11 Q. Would you describe, do you remember if it was in the
12 morning or afternoon that you made that sale?
13 A. It was in the morning, slightly after we opened.
14 Q. Pardon me?
15 A. It was in the morning just slightly after we opened,
16 9:30 maybe.
17 Q. What do you remember about that sale, if you would tell
18 the members of the jury?
19 A. It was a pretty uncomplicated sale. The gentleman just
20 came in and said he was looking for a shotgun. It wasn't
21 rushed. We just looked at three or four, and that particular
22 one was, you know, the price range he said he was hunting for.
23 He filled out the yellow form, and very little conversation
24 during the sale.
25 Q. What name did the person give you?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
228
1 A. Mario Vonkeith Barnette.
2 Q. And you mentioned that you filled out some forms. Are
3 there particular firearm forms, Bureau of Alcohol, Tobacco and
4 Firearm forms that you have to fill out when you complete the
5 sale of a firearm?
6 A. Yes, sir, there is a yellow form on a shotgun that you
7 fill out.
8 Q. And tell the members of the jury why it's important for
9 your company to fill those out.
10 A. So we can track the gun. It establishes, you know, that
11 the person is not a felon or has a record or anything like that.
12 Q. Did this person present you with some form of
13 identification, the person who called himself Mario Barnette?
14 A. Yes, sir.
15 Q. What form of information did he present you on May 20th
16 of 1996?
17 A. It was from Virginia, a Virginia driver's license.
18 Q. Did you have him complete the form that you just
19 described?
20 A. Yes, sir.
21 Q. And did that individual leave the store with the gun
22 that you sold him?
23 A. Yes, sir.
24 Q. Describe that gun, what type of shotgun was that?
25 A. It with a pump shotgun, a Stephens.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
229
1 Q. Long barrel shotgun?
2 A. Long barrel shotgun.
3 Q. I want to turn your attention now to the next day, that
4 being May 21st of 1996, did you have an occasion to see that
5 same person again at your store?
6 A. Yes, sir.
7 Q. What time of day was it that you saw him again?
8 A. Roughly the same time, 9:30, quarter to 10:00.
9 Q. Did you wait on that person again?
10 A. Yes, sir.
11 Q. What happened on that occasion?
12 A. We give a warranty on our guns, used guns of a year.
13 And he brought the gun home, said he took it home, it was
14 malfunctioning, there was a broken part on it and wanted to
15 exchange it for another gun.
16 Q. Did you talk with him about that?
17 A. Yes, sir.
18 Q. And did you allow an exchange for another gun?
19 A. Yes, sir.
20 Q. Tell the members of the jury about that transaction.
21 A. He brought the gun in, and we don't have a gunsmith on
22 premise or any way to fire the guns, and so I just exchanged the
23 gun for a Winchester semiautomatic shotgun, long barrel.
24 Q. And did you have this person who called himself Mario
25 Barnette then fill out a second ATF form that you described?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
230
1 A. Yes. Each gun has to have a yellow form.
2 MR. WALKER: May I approach the witness, Your Honor?
3 THE COURT: Yes.
4 BY MR. WALKER:
5 Q. I want to show you, Mr. Freshour, what has been marked
6 as Government's Exhibits 18A and 18B. Referring your attention
7 first to Government's Exhibit 18A, would you take a look at 18A
8 and tell me if you recognize that document, and if so, what is
9 it?
10 A. Yes, sir, it's a document to transfer ownership of the
11 shotgun from us to the customer.
12 Q. And is that the document that you completed on the first
13 sale of the shotgun that you described?
14 A. Yes, sir.
15 Q. Now, referring your -- are those the documents that your
16 company keeps in the regular course of business?
17 A. Yes, sir.
18 Q. Explain to the members of the jury how those documents
19 are filled out, in other words, do you complete all of the
20 questions or how is that done?
21 A. No, the customer completes the first half that gives
22 address, the name and the date of the transaction, answers a
23 series of questions and then their signature. And then below
24 that, we check a box that says they have identified themselves
25 with a form of I.D., fill out the I.D., the shotgun, the model,
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
231
1 the serial number if applicable, caliber, Stephens, and stamp it
2 with our gun permit number and sign it and date it.
3 Q. Now, you said there was a series of questions on here
4 that the buyer, potential buyer fills out. Does the person have
5 to fill that out before you will sell them the firearm?
6 A. Yes, and if they fill it out wrong, we won't sell the
7 firearm.
8 Q. And when you say you fill it out wrong, what do you mean
9 by that?
10 A. If they answer a question like, are you a fugitive from
11 justice, if they put yes, then we will not sell them a firearm,
12 and we don't allow them to fill out another one.
13 Q. But when the person answers yes or no to those
14 questions, does your company do anything to verify a yes or no
15 or do you just look for a yes or no?
16 A. By law, you just look for a yes or no.
17 Q. All right. Now, let me ask this: What are question
18 number 8A, I believe, could you read that question if that's how
19 you normally ask or is asked of the potential buyer?
20 A. Are you under indictment or information in any court for
21 a crime punishable by imprisonment for a term exceeding one
22 year, or formal accusation of a crime made by a prosecuting
23 attorney as distinguished from an indictment as presented by a
24 Grand Jury.
25 Q. And that particular form was filled out by the
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
232
1 individual that you sold the first shotgun to who gave you the
2 name Mario Vonkeith Barnette, is that correct?
3 A. Yes, sir.
4 Q. And how did that person answer that question?
5 A. No.
6 Q. And what is the question right underneath that?
7 A. Have you been convicted in any court of a crime
8 punishable by imprisonment for a term exceeding one year, and
9 then it says no -- yes answer is necessary if the judge could
10 have given you a sentence of more than one year, a yes answer is
11 not required if you have been pardoned for the crime, or the
12 conviction has been expunged or set aside, or you have had your
13 civil rights restored and under the law where the conviction
14 occurred you are not prohibited from receiving or possessing any
15 firearm.
16 Q. And in response to that question, have you been
17 convicted in any court of a crime punishable by imprisonment for
18 a term exceeding one year, what answer did the person give you?
19 A. No.
20 Q. Referring your attention now to the third question, does
21 that read, are you a fugitive from justice?
22 A. Yes.
23 Q. And what answer did this person who called himself
24 Mario, what answer did he give?
25 A. No.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
233
1 Q. You mentioned that you fill out part of the form. Which
2 part of that form do you fill out?
3 A. Section B.
4 Q. Okay, would you explain that to the members of the jury,
5 how that's done?
6 A. The first part of Section B, it says to be completed by
7 the transferor or the seller, and it says the person described
8 in Section A is either known to me or has identified himself or
9 herself to me in the following manner. You know, we do not --
10 we don't ever let anybody check, is known to me. They always
11 have to have I.D. And then type of identification, whether it's
12 a driver's license or a state-issued I.D., has to have name,
13 date of birth, place of residence and signature, the number on
14 the identification itself, and then the next section underneath
15 that lists the type of gun it would be, pistol, revolver, rifle,
16 shotgun, et cetera, model number.
17 Q. Let me slow you down there just a little bit. Referring
18 your attention first to question number 9, type of
19 identification the potential buyer gives you, is that a block
20 that you complete?
21 A. Yes, sir.
22 Q. And this is the form for the first sale, is that
23 correct, on the 20th?
24 A. Yes.
25 Q. And did you -- what did you indicate as the form of
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
234
1 identification that this person gave you?
2 A. I put Virginia, and then actually --
3 Q. Did you put Virginia identification?
4 A. I put Virginia I.D. We don't have to notate necessarily
5 D.L. or I.D., we just do it kind of for our records.
6 Q. Okay. Describe again briefly the type of shotgun that
7 you sold during the first transaction.
8 A. It was a Stephens shotgun, model 77-B, 12-gauge, just a
9 regular long barrel pump shotgun.
10 MR. WALKER: Your Honor, I would move that exhibit into
11 evidence, Government's Exhibit 18A.
12 THE COURT: Let it be admitted.
13 BY MR. WALKER:
14 Q. Now, sir, you indicated that you saw the same person the
15 next day, is that correct?
16 A. Yes, sir.
17 Q. And you said that was shortly after you opened, is that
18 right?
19 A. Yes, sir.
20 Q. And you had him complete the same type of form a second
21 time?
22 A. Yes, sir.
23 Q. Referring your attention to Government's Exhibit 18B, is
24 that the second firearm transaction form that you completed with
25 the same person on the 21st, the second day?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
235
1 A. Yes, sir.
2 Q. And was that required in order for you to sell the
3 exchange of the first shotgun for the second shotgun?
4 A. Yes, sir.
5 Q. And did you go through the same procedure with this
6 person as you had on the day previously?
7 A. Yes, sir.
8 Q. In other words, he answered the questions on the top of
9 the form?
10 A. Yes, sir.
11 Q. And did you complete the questions on the bottom of
12 form?
13 A. Yes, sir.
14 Q. I want to turn your attention to box number 9, where on
15 the second form you wrote in the type of identification the
16 person gave you. Is that different than the type of
17 identification you placed on Government's Exhibit 18A, the first
18 day of the transaction?
19 A. The same number, I notated it for our records as a
20 driver's license instead of an I.D.
21 Q. Could you have made a mistake on that?
22 A. I would say yes, sir, I would say it's a driver's
23 license.
24 Q. Okay. What was the serial number of the second shotgun
25 that you sold the defendant?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
236
1 A. N 868530.
2 Q. And was that second shotgun a pump shotgun?
3 A. No, sir, a semiautomatic.
4 Q. Was it a long barrel shotgun?
5 A. Yes, sir.
6 Q. How did this person pay for these weapons?
7 A. Cash.
8 Q. And what was the amount of the sale?
9 A. With tax, $211.99.
10 MR. WALKER: Your Honor, I would also move admission of
11 Government's Exhibit 18B.
12 THE COURT: Let it be admitted.
13 BY MR. WALKER:
14 Q. Sir, if you were to see a replica or an exact model of
15 the first gun that you sold to this person on the 20th, would
16 you be able to recognize that and indicate that to the jury?
17 A. Yes, sir.
18 MR. WALKER: Your Honor, I would ask Agent Modzelewski
19 to assist me in front of the jury and have the witness come
20 down. I want to show him an exhibit of that type of weapon if I
21 may.
22 THE COURT: What exhibit number is this?
23 MR. WALKER: Your Honor, this would be Government's
24 Exhibit 31E-2.
25 THE COURT: Step down, sir.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
237
1 BY MR. WALKER:
2 Q. If you will step down and I will ask Agent Modzelewski
3 to come around, and I will show you Government's Exhibit 31E-2.
4 If you will take a look at that item, it's been disengaged, and
5 indicate whether that is exactly like the shotgun that you first
6 sold this person who called himself Mario Vonkeith Barnette?
7 A. Yes.
8 Q. Okay, if you would turn around to the members of the
9 jury.
10 A. Yes, sir.
11 Q. And that's a pump action shotgun, is that correct?
12 A. Yes.
13 Q. You may return to your seat.
14 MR. WALKER: I don't have any other questions for this
15 witness, Your Honor.
16 THE COURT: All right, sir. Cross?
17 CROSS-EXAMINATION
18 BY MR. WILLIAMS:
19 Q. Mr. Freshour, your shop is in Charlotte, North Carolina?
20 A. Yes, sir.
21 Q. You were selling a gun to somebody with an
22 identification from Roanoke, Virginia?
23 A. Yes, sir.
24 Q. Did you ask that person why he was buying a gun in
25 Charlotte, North Carolina when he had a license and
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
238
1 identification from Virginia?
2 A. No, sir. With a shotgun, as long as you live in a
3 bordering state, you can purchase a shotgun in any bordering
4 state to your state.
5 Q. When you take these applications and you sell people
6 guns, the purpose of the application and the questions in the
7 application is to inform you, if I'm correct, and correct me if
8 I'm wrong, that you want to know something about this person
9 before you decide whether or not to sell them a gun, correct?
10 A. Yes, sir.
11 Q. And on that application, you have questions about their
12 prior criminal record and other things about the person,
13 correct?
14 A. Yes, sir.
15 Q. Do you rely 100 percent on the answers that these people
16 give you before you decide to sell them a weapon?
17 A. Yes, sir, that's the law.
18 Q. That's the law. Did you or do you make any attempts
19 whatsoever to go down to the police department with these
20 applications and check the police records to see if they have a
21 record, either here or in the State of Virginia?
22 A. No, sir, we do what is required by law.
23 Q. If you knew that Mr. Barnette had a record, as indicated
24 on the questionnaire, would you have sold him that gun?
25 A. No, sir.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
239
1 MR. WILLIAMS: No further questions.
2 THE COURT: Redirect?
3 MR. WALKER: Briefly.
4 REDIRECT EXAMINATION
5 BY MR. WALKER:
6 Q. On both of the forms, did the person who bought those
7 two guns from you indicate his home address?
8 A. Yes, sir.
9 Q. And what, if you will tell the jury, what address was
10 listed?
11 A. 1616 Keswick Avenue, Northeast, Roanoke, Virginia.
12 Q. And is that on both forms?
13 A. Yes, sir.
14 MR. WALKER: Your Honor, I would ask permission to pass
15 these to the jury.
16 THE COURT: You haven't moved the admission of 31E-2
17 yet, I don't think.
18 MR. WALKER: As well, move that into admission as well.
19 THE COURT: Very well, it will be admitted.
20 MR. WALKER: I don't have any other questions, Your
21 Honor.
22 THE COURT: Thank you, sir, you may come down. Call
23 your next witness.
24 MR. CONRAD: United States would caller Earlene
25 Thompson.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
240
1 EARLENE THOMPSON,
2 being first duly sworn, was examined and testified as follows:
3 DIRECT EXAMINATION
4 BY MR. CONRAD:
5 Q. Would you please state your name for the jury, spelling
6 your last name for the court reporter?
7 A. Earlene Thompson, T-H-O-M-P-S-O-N.
8 Q. Ms. Thompson, where do you live?
9 A. 904 Loudon, apartment A.
10 Q. You are going to have to speak up a little bit, okay?
11 A. 904 Loudon in Roanoke, apartment A.
12 Q. And how long have you lived there?
13 A. Two years.
14 Q. And were you living there in April of 1996?
15 A. Yes, I was.
16 Q. How long had you been living at that -- strike that.
17 How long had you been living there in April of 1996?
18 A. About a month.
19 Q. About a month?
20 A. Uh-huh.
21 MR. CONRAD: May I approach the witness, Your Honor?
22 THE COURT: Yes, sir.
23 BY MR. CONRAD:
24 Q. Ms. Thompson, can you come off the witness stand and
25 come up with me, please?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
241
1 A. (Witness complies.)
2 Q. I'm going to show you what has been marked for
3 identification as Government's Exhibits 21P, 21O, 21R and 21Q,
4 and do you recognize those photographs?
5 A. (Witness nods head.) This is my apartment there.
6 Q. Are these aerial photographs and ground-level
7 photographs of Loudon Avenue?
8 A. Yes, it is.
9 Q. And do they fairly and accurately show your
10 neighborhood?
11 A. Yes, it does.
12 MR. CONRAD: Your Honor, move admission of Government's
13 Exhibits 21P, O, R and Q.
14 THE COURT: They will be admitted.
15 MR. CONRAD: Okay -- stay right here.
16 BY MR. CONRAD:
17 Q. Turning your attention to Government's Exhibit 21P, and
18 if you would stand on the side right here so all of the jurors
19 can see, would you show the jury where your apartment is?
20 A. Right here and right here (indicating), right here and
21 right here, in front of this car.
22 Q. Now, is it a duplex?
23 A. Yes, it is.
24 Q. Do you know Ms. Bertha Williams?
25 A. Yes, I do.
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
242
1 Q. Can you show the jury where on this photograph
2 Ms. Williams' house is?
3 A. Right there, there, (indicating) there and down the
4 street.
5 Q. And do you know who lives -- this is a duplex right
6 here, is that correct?
7 A. Yes.
8 Q. As you face Loudon Avenue, do you live on the left or
9 the right?
10 A. Left.
11 Q. Okay. So you -- on this side of the building
12 (indicating)?
13 A. Right.
14 Q. Do you know who lives on your right?
15 A. Yes.
16 Q. Who lives there?
17 A. Sonji Hill.
18 Q. Has she lived there the whole that you've been there?
19 A. Yes.
20 Q. Does anyone live with you at 904 Loudon Avenue?
21 A. My daughters.
22 Q. How old are they?
23 A. They're 8 and 12.
24 Q. Does anybody live with Ms. Hill as far as you know in
25 the other apartment?
Huseby, Inc. Court Reporting and Video
http://www.huseby.com
243
1 A. Her daughters.