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1 UNITED STATES DISTRICT COURT
2 FOR THE WESTERN DISTRICT OF NORTH CAROLINA
3 CHARLOTTE DIVISION
4
UNITED STATES OF AMERICA )
5 )
vs. ) File No. 3:97CR23-P
6 )
AQUILIA MARCIVICCI BARNETTE, )
7 )
Defendant. )
8 )
9
10 Transcript of proceedings before the Honorable
11 ROBERT D. POTTER, Senior United States District Court Judge,
12 before Scott A. Huseby, Official Court Reporter and Notary
13 Public, on the 23rd day of January, 1998.
14 APPEARANCES:
15 For the United States:
16 ROBERT J. CONRAD, JR.
THOMAS G. WALKER
17 Assistant United States Attorneys
227 West Trade Street, Suite 1700
18 Charlotte, North Carolina 28204
19 On Behalf of the Defendant:
20 GEORGE V. LAUGHRUN, Esq.
Suite 602
21 301 South McDowell Street
Charlotte, North Carolina 28204
22
PAUL J. WILLIAMS, Esq.
23 Suite 801
301 South McDowell Street
24 Charlotte, North Carolina 28204
25 (Bench conference. Sealed.)
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1 THE COURT: Okay, call the jury.
2 MR. LAUGHRUN: One other thing, Judge. Thank you for
3 hearing us. It appears, Judge, in looking at the jury box this
4 morning that some of the jurors have some of the exhibits still
5 in their chairs. I would ask since that part of the evidence is
6 over if we could collect those or whatever, they are there with
7 the note pads, and that way they may instead of picking and
8 choosing or having more access to some exhibits there with them
9 the whole time, if we could collect those.
10 THE COURT: What are they, pictures or something?
11 MR. LAUGHRUN: No, sir, they're the transcripts of the
12 911 tape that was played yesterday. That what it appears to be.
13 THE COURT: Oh, okay, just go ahead and collect those.
14 They don't need those anymore, thank you.
15 MR. LAUGHRUN: Thank you, Judge.
16 THE COURT: Call the jury.
17 (The jury returned to the courtroom.)
18 THE COURT: Good morning, ladies and gentlemen. All
19 right, government call it's next witness.
20 MR. WALKER: Your Honor, the government would call
21 Dr. Oxley. Dr. Oxley, if you would come up and be sworn.
22 DAVID W. OXLEY,
23 being first duly sworn, was examined and testified as follow:
24 DIRECT EXAMINATION
25 BY MR. WALKER:
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1 Q. Doctor, would you state your full name, sir?
2 A. I'm Dr. David W. Oxley.
3 Q. And Dr. Oxley, what do you do for a living, sir?
4 A. I'm a forensic pathologist and deputy chief medical
5 examiner for western Virginia.
6 MR. WILLIAMS: If Your Honor please, excuse me for
7 interrupting, the defense will stipulate to the qualifications
8 that he is an expert in forensic pathology and able to testify
9 as such.
10 THE COURT: Thank you, sir.
11 BY MR. WALKER:
12 Q. Dr. Oxley, with that stipulation, how many times have
13 you in your estimation testified before in court as an expert in
14 forensic pathology?
15 A. Over 1,000 times.
16 Q. And have you given your opinions concerning causes of
17 death to various persons that you have autopsied?
18 A. Yes, sir.
19 Q. Your office, is it not, is located in Roanoke, Virginia,
20 is that correct?
21 A. My office, yes, it is in Roanoke.
22 Q. And you also hold an M.D. Degree, is that also true?
23 A. I do, yes, sir.
24 Q. If you would tell the members of the jury, what exactly
25 does a forensic pathologist do?
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1 A. I perform autopsies in those cases of death by any type
2 of violence, or death by undetermined or unknown means or
3 manner, death without medical attendants.
4 Q. Tell the jury if you would, in general, what is done
5 during the autopsy procedure?
6 A. The body is examined externally. The clothing or any
7 associated material with the body is described and noted. The
8 body is photographed, following which the body is opened and the
9 internal organs and organ systems are examined.
10 Q. Pursuant to your duties as the assistant chief medical
11 examiner for the Western District of Virginia, did you not do an
12 autopsy on the body of Robin Williams?
13 A. Yes, sir, I did.
14 Q. And as a result of that, did you complete an autopsy
15 report?
16 A. Yes, I did.
17 MR. WALKER: May I approach the witness, Your Honor?
18 THE COURT: Yes.
19 BY MR. WALKER:
20 Q. Dr. Oxley, I'm going to show you Government's Exhibit
21 24A. It consists of five pages. If you would, take a look at
22 that and tell me if that is the autopsy report that you
23 generated after you completed your autopsy of the body of Robin
24 Williams.
25 A. That's a certified copy of my autopsy report and receipt
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1 for evidence.
2 MR. WALKER: Your Honor, I would move admission of his
3 autopsy report, that being Government's Exhibit -- that being
4 Government's Exhibit 24A.
5 THE COURT: All right, sir, it will be admitted.
6 BY MR. WALKER:
7 Q. I'll put that in front of you. Actually, do you have a
8 copy of that exhibit with you?
9 A. I have a copy, yes, sir.
10 THE COURT: Did somebody say something?
11 MR. WILLIAMS: No, Your Honor.
12 BY MR. WALKER:
13 Q. On what date did you do the autopsy of Robin Williams?
14 A. On the 22nd of June, 1996.
15 Q. And did you do that at your facility there in Roanoke,
16 Virginia?
17 A. Yes.
18 Q. Would you indicate to the members of the jury what in
19 general you observed about her body as you began that procedure?
20 A. Sir?
21 Q. Would you indicate to the members of the jury what you
22 did, what you first observed about Robin Williams' body as you
23 began that procedure?
24 A. I observed a well-developed, well-nourished black
25 female, 65 inches long, that's 5 feet, 5 inches tall, and
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1 weighing 121 pounds. The body at the time I received it was
2 clothed in purple shorts and a blue top which had been partially
3 cut from the body. Examination of the body revealed two shotgun
4 wounds, which I have arbitrarily designated number one and
5 number two, not to indicate sequence of firing but for
6 description. In addition to the wounds, there was evidence of
7 old burning and scarring of the left hand, a rather severe burn
8 involving the left hand and wrist, and there were areas on the
9 thighs from which skin had been taken for skin grafting.
10 To describe the wounds, wound number one was located in
11 the armpit region on the left in this area of the chest. This
12 wound was large and ragged. The wound passed backward and
13 toward the left. Shot pellets did not enter the chest cavity
14 but stripped away the soft tissue from the inside of the arm.
15 The shot pellets damaged the brachial artery, which is an artery
16 about the size of my little finger that runs down the arm, also
17 the plexus of nerves that runs down the arm. This wound is
18 potentially lethal due to the bleeding, and if the person had
19 survived, she would have had a paralyzed arm.
20 The second wound was located on the left midback, 19
21 inches from the top of the head and 4 inches to the left of the
22 midline. I can't contort myself to point to that wound, but you
23 will see it shortly. This wound was an inch and a half in
24 diameter, showed quite sharp margins. The wound path was
25 forward and slightly toward the right with many shot pellets in
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1 the chest, perforating the heart, the lungs, the aorta and also
2 perforating the liver. There was extensive bleeding into the
3 chest and the abdominal cavities. This wound was, of course,
4 lethal.
5 Q. Does your autopsy report, does it indicate those
6 findings that you just testified concerning?
7 A. Sir?
8 Q. Does your autopsy report indicate the findings that you
9 just related to the jury?
10 A. Yes, it does.
11 Q. Did you also take photographs during the autopsy
12 procedure?
13 A. Yes, I did.
14 Q. And did you also draw a diagram of her body indicating
15 the things that you noticed about her body?
16 A. Yes, I did.
17 MR. WALKER: If I may have just a moment, Your Honor, to
18 retrieve an exhibit.
19 THE COURT: Yes, sir.
20 BY MR. WALKER:
21 Q. Referring your attention first, Dr. Oxley, to Page 4 of
22 your autopsy report, is that the page that contains the diagram
23 that you drew of the body of Robin Williams?
24 A. Yes, sir, it is.
25 Q. And then I want to show you --
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1 THE COURT: I assume defense counsel has seen that, I'm
2 sure they have, but --
3 MR. WALKER: They have, Your Honor.
4 THE COURT: -- just for the record. Thank you.
5 MR. WILLIAMS: Thank you, Your Honor.
6 BY MR. WALKER:
7 Q. I also want to show you Government's Exhibit 24B. Does
8 that appear to just be an enlarged copy --
9 A. It's a blowup of my body diagram, yes, sir.
10 Q. Would this diagram help you illustrate what you noticed
11 about her body to the jury?
12 A. Yes, sir, it would.
13 MR. WALKER: Your Honor, I would move admission of
14 Government's Exhibit 24B.
15 THE COURT: Let it be admitted.
16 MR. WALKER: Your Honor, may Dr. Oxley join me with the
17 exhibit?
18 THE COURT: Yes, sir.
19 BY MR. WALKER:
20 Q. Dr. Oxley, if you would come down, and using this
21 pointer and making sure that all of the members of the jury can
22 see what you are referring to, if you would indicate on your
23 diagram what you saw concerning her body as you performed the
24 autopsy.
25 A. The body shows the -- these wounds, this is the area,
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1 the areas of old burning and the areas of skin grafting that I
2 mentioned before. This wound in the left chest is an incision
3 in the chest that was made in the emergency room to massage her
4 heart, and this had nothing to do with the cause of death.
5 Wound number one is this wound here in the axial. And
6 at the top of this entry wound, this wound is scalloped, it has
7 a scalloped appearance. This means the shot charge had almost
8 begun to separate at the time it struck the skin. It hadn't
9 separated, but it was beginning to. As I say, this wound did
10 not enter the chest cavity. The area that tore up the upper arm
11 and the soft issue tissue of the lateral chest.
12 This wound is the wound in the left back. This wound is
13 an inch and a half in diameter. The margins are very sharp, and
14 this wound was fired from a closer range than this wound. The
15 shot charge here had not even begun to separate. It entered the
16 body as a solid cylinder of shot pellets. Also a wad and shot
17 pellets were recovered from inside the wound, which places the
18 range of fire from the wad inside the wound at less than 10
19 feet. There was no gunshot residue on the wound or the
20 clothing, which would make the range of fire 4 to 5 feet in all
21 probability.
22 Q. And you are referring from the weapon used to inflict
23 that wound, when you say the distance from that weapon to the --
24 A. From the muzzle to the target.
25 Q. And that was referring to the wound that she suffered to
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1 her back?
2 A. Yes.
3 Q. Did you make an estimation or in your opinion as to the
4 distance --
5 A. This wound, probably 10 to 12 feet.
6 Q. And you are referring, then, to shotgun wound number
7 one?
8 A. To wound one.
9 Q. And that wound in your opinion entered her body from,
10 she was facing the person who shot her at that wound?
11 A. From in front.
12 Q. And shotgun wound number two, in your opinion, was she
13 not facing, was shot in the back?
14 A. She was facing away from the shooter.
15 Q. You may return to your seat, thank you.
16 You determined, did you not, that she died as a result
17 of these shotgun wounds?
18 A. That's correct.
19 Q. I want to also refer your attention now -- let me show
20 this to counsel.
21 MR. WILLIAMS: Your Honor, we would respectfully object
22 to these photographs based on our prior stipulation.
23 THE COURT: Thank you, sir, overruled.
24 BY MR. WALKER:
25 Q. Dr. Oxley, I'm going to show you this black binder,
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1 which contains Government's Exhibits 23A, 23B, 23C, 23D, 23E and
2 F, 23G, 23H, 23I, 23J, 23K, and 23L and M. I will ask you to
3 take a look at those photographs, and indicate if those are the
4 photographs that you took of Robin Williams' body when you
5 formed her autopsy?
6 A. Yes, these are the photographs that I took at the time
7 of autopsy.
8 Q. And would those photographs help you illustrate the
9 wounds that you indicated you observed on her body?
10 A. Yes, sir.
11 MR. WALKER: Your Honor, I would move admission of all
12 of those photographs, those being Government's Exhibit 23A
13 through 23M. And Your Honor, those are placed inside of a black
14 notebook.
15 MR. WILLIAMS: Your Honor, defense objects on the
16 previous grounds and also that the photographs are cumulative in
17 nature and redundant.
18 THE COURT: Thank you, sir, objection is overruled, 23A,
19 B, C, D, E, F, G, H, I, J, K, L, M --
20 MR. WALKER: That's the last one, Your Honor.
21 THE COURT: Okay.
22 MR. WALKER: Your Honor, may Dr. Oxley join me in front
23 of the jury?
24 THE COURT: Let them be admitted, yes, sir.
25 BY MR. WALKER:
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1 Q. If you'd come down, Dr. Oxley, and if you would, come
2 down to this side of the jury. And what I'm going to ask you to
3 do is refer to each of these photographs and explain what the
4 photograph illustrates. And you can begin with this side of the
5 jury, and I would ask you then to go down to that side of the
6 jury and show the same photographs, making sure that all of the
7 members of the jury can see an understand you. If you could
8 just turn to those if you would, and you can just hold that up
9 to them.
10 A. Government's Exhibit -- I'm sorry, State's Exhibit 23A
11 shows the face of the victim and it also shows the shotgun wound
12 in the armpit area. If you notice, the top of this wound right
13 here, this is the entrance area and there is scalloping of this
14 wound.
15 Q. What do you mean by scalloping?
16 A. I'm trying to think of a good way to describe it. Have
17 you ever seen a piece of paper cut with pinking shears? Looks
18 like that, scalloped on the edges.
19 Q. And if you would go down to that end of the jury and
20 explain -- give that explanation as well, making sure that they
21 were able to hear and understand you.
22 A. (Witness complies.)
23 Q. If you would, then, turn the page and referring your
24 attention now to the second photograph, Government's Exhibit
25 23B, and you can just begin with this side of the jury this
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1 time, indicate what that photograph illustrates.
2 A. 23B shows the same wound with the arm raised, and you
3 are looking at the under side of the arm and the armpit area now
4 showing extensive tissue damage that this wound caused.
5 Q. And if you would, come down to this side of the jury,
6 Dr. Oxley, and if you would give the same explanation that you
7 just gave to this side of the jury.
8 A. This is the wound of the armpit with the arm raised
9 showing the under side of the arm and the armpit area, the
10 enormous amount of soft tissue damage in this region.
11 Q. And is that the wound that you described was from a
12 distance of, did you say 10 or 12 feet?
13 A. 10 to 12 feet.
14 Q. If you would turn the page, then, looking at
15 Government's Exhibit 23C and begin with this side of the jury
16 and use that photograph, please.
17 A. This is a closeup of the same wound, the wound in the
18 armpit, showing more clearly the scalloping of the upper margin
19 of the wound. Here's an individual shot pellet hole right
20 here. The shot charge had begun to separate.
21 Q. And turning to the next photograph, 23D, if you would
22 begin with this side of the jury and explain that photograph,
23 sir.
24 A. 23D shows the shotgun wound in the left midback. Now,
25 you will notice this wound has very sharp, very clean margins.
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1 There is no gunshot residue or stippling on the skin around the
2 wound.
3 Q. And then if you will turn the page, and I will do that
4 for you, to 23E, beginning with this side of the jury, if you
5 would use that photograph.
6 A. 23E shows the incision in the left side of the chest
7 that was made in the emergency room. That's an incision made to
8 massage the heart in an effort to save her life.
9 Q. If you will turn, then, to Government's Exhibit 23F,
10 start with this side of the jury and indicate what 23F shows.
11 A. 23F is a photograph of the inside of the right thigh.
12 This shows an area from which skin has been taken for skin
13 grafts at the time she suffered the old burns to her hand.
14 Q. Turn to 23G, and using that photograph, would you
15 explain what that photograph illustrates?
16 A. 23G is a small laceration of the knee which I neglected
17 to mention. This she probably received when she fell.
18 Q. And looking now at 23H?
19 A. 23H is an old abrasion of the inside of the left ankle.
20 That's this area right here (indicating). That's not a recent
21 injury.
22 Q. You are looking now at 23I?
23 A. 23I is a photograph of the left hand, the palm side of
24 the left hand. The palm was spared in this burning. You can
25 see the wrist and the scarring on the wrist and the inside of
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1 the forearm from the burns.
2 23J, again shows the left hand, the back side of the
3 hand, showing the scarring from the old burns. This was a
4 severe third degree, full thickness burn.
5 Q. 23K?
6 A. K is a photograph again of the forearm showing the
7 scarring, essentially the same photograph that we just looked
8 at.
9 Q. And that is 23L?
10 A. 22L is a photograph of the left thigh, again showing a
11 skin graft donor site from where skin was removed to graft on
12 the burns.
13 Q. And lastly, 23M?
14 A. 23M shows old scars on the right side of the chest.
15 These were probably incurred at the same time as the burn on the
16 left hand.
17 MR. WALKER: You may return to your seat, sir.
18 (Witness complies.)
19 BY MR. WALKER:
20 Q. Dr. Oxley, the wadding that you removed, did you put
21 that in an evidence envelope and give that to a member of the
22 Roanoke Police Department?
23 A. Yes, sir, I placed that in an envelope and turned it
24 over to Detective C.B. Tinsley of the Roanoke Police Department.
25 MR. WALKER: I don't have any other questions, Your
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1 Honor.
2 THE COURT: All right, sir. Cross?
3 MR. WILLIAMS: Just one brief or two brief questions,
4 Dr. Oxley.
5 CROSS-EXAMINATION
6 BY MR. WILLIAMS:
7 Q. You were kind enough, do you remember I met you up in
8 Roanoke, Virginia, we came up there to talk to you, you were
9 kind enough to discuss the case with us?
10 A. Yes, sir.
11 Q. We appreciate that. You told -- is it not true that the
12 wound have you marked number two, which was the chest, heart
13 wound, that that would have been such a wound that she would
14 have died within seconds?
15 A. She would have died very rapidly, yes, sir.
16 Q. And is within seconds an accurate statement?
17 A. Within seconds.
18 Q. Thank you.
19 MR. WILLIAMS: No further questions.
20 THE COURT: Redirect?
21 MR. WALKER: (Shakes head.)
22 THE COURT: Thank you, sir, you may step down. You are
23 excused, Doctor. Thank you, sir, you're excused.
24 THE WITNESS: Thank you, Your Honor.
25 THE COURT: Call your next witness.
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1 MR. CONRAD: The United States would call Mr. Bob
2 Allen.
3 BOBBY GENE ALLEN,
4 being first duly sworn, was examined and testified as follows:
5 DIRECT EXAMINATION
6 BY MR. CONRAD:
7 Q. Sir, would you state your name for the jury?
8 A. My full name is Bobby Gene Allen.
9 Q. Where do you live?
10 A. I live at 2075 West McConnells Highway, McConnells,
11 South Carolina.
12 Q. And how long have you lived there?
13 A. We moved there, we built a home in '89 and moved in '89.
14 Q. And where did you move to McConnells from?
15 A. From Mt. Holly, North Carolina.
16 Q. Now, are you married?
17 A. Yes, I am.
18 Q. Who are you married to?
19 A. Married to Shirley Foster Allen.
20 Q. And how long have you been married?
21 A. We've been married for 43 years.
22 Q. Do you have any children?
23 A. Yes, we do.
24 Q. How many children do you have?
25 A. We had five children at one time.
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1 Q. What are their names and ages, if you can recall the
2 ages?
3 A. The oldest one is David, David is 41. Dennis, Dennis is
4 39. Then there is Denise, Denise is 36. And then there is
5 Dean, who is 34. And Donnie was 22 when he was killed.
6 Q. Now, you mentioned Donnie, he is the baby in your
7 family?
8 A. Pardon?
9 Q. Donnie is the baby in your family?
10 A. Yes.
11 Q. Let me hand you what has been marked for identification
12 as Government's Exhibit 26, and ask if you can identify that for
13 the jury?
14 A. Yes, sir, that was my youngest son.
15 Q. Is that a photograph of your son Donnie Lee Allen?
16 A. That was taken Christmas, prior to his death in June.
17 MR. CONRAD: Your Honor, I would move admission of
18 Government's Exhibit 26.
19 THE COURT: Let it be admitted.
20 MR. CONRAD: Request permission to pass that item to the
21 jury.
22 THE COURT: Yes, sir.
23 BY MR. CONRAD:
24 Q. Mr. Allen, can I turn your attention to Friday,
25 June 21st, is that the last day of your son's life?
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1 A. I came home from work. I work for Comer Oil, a company
2 there in York, temporary help. And Shirley was there, Dean and
3 Donnie were there, and I came in and supper was ready, so I
4 ate. And after I ate supper, I got up and started outside. I
5 was going to go out and tie up some tomato plants. And Donnie
6 was laying on the love seat and resting and Shirley was there,
7 they was watching TV. And Dean's friend came up about that
8 time, so Dean and I both went out together, and I tied up these
9 tomato plants and I came back in. And Donnie during that time
10 had taken a shower, and I was in the laundry room washing my
11 hands and he came by and he said, dad, mom had a headache and
12 she laid down a little while, he said, I'm going off for a
13 little while, but I will be back. And that's the last time I
14 saw Donnie.
15 Q. Did there come a time when you became concerned that
16 Donnie --
17 A. Yes, we were disturbed when he didn't come back in
18 Friday night, and -- but, you know, we gave him the benefit of
19 the doubt.
20 Q. Was it his custom to stay out?
21 A. No. He had stayed out one night prior to this, six
22 months or so prior to this, and we had scolded him about it, not
23 letting us know. And every time after that that he was going to
24 be late or have dinner with somebody else, he would call and let
25 us know.
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1 Q. Did you get a call that Friday night?
2 A. No.
3 Q. Did he come in on Saturday?
4 A. No, sir. He was supposed to have gone to a wedding
5 Saturday afternoon and he was supposed to have gone to a party
6 for one of his friends Saturday night, and he didn't show up for
7 either of those.
8 Q. Was he working Saturday morning?
9 A. No, sir.
10 Q. Now, did you go to the wedding that he was supposed to
11 go to?
12 A. Yes, we did.
13 Q. Where was that?
14 A. That was in Mt. Holly.
15 Q. Was that of someone acquainted with Donnie?
16 A. One of the young ladies that grew up with him.
17 Q. And he didn't show up?
18 A. He didn't show up.
19 Q. What did you do that night, Mr. Allen?
20 A. Well, we worried about him, you know, about him not
21 showing up and wondered what the reason was. But we got up
22 Sunday morning and he still wasn't there, and Shirley and myself
23 got ready and went to church Sunday morning. And Donnie always
24 went to church with us Sunday mornings, Sunday nights and
25 Wednesday nights. And after church service, we had a meal, I
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1 don't recall exactly what it was, but anyway, Shirley and I were
2 on the hospitality committee and we served that meal. And
3 people came by and asked us what the problem was, and, of
4 course, we didn't reveal to them that Donnie was missing or
5 anything.
6 Q. What did you do that afternoon?
7 A. That afternoon, we couldn't --
8 Q. Take your time.
9 A. We couldn't stand it any longer. We had to get out and
10 hunt for him. We rode through countryside trying to see if we
11 could see his car, and I saw two highway patrolmen pull into the
12 York Seafood parking lot and I pulled in beside them and
13 explained to them that Donnie was missing. And they advised us
14 or advised me for us to go down to the Moss Justice Center and
15 file a missing person's report, so this I did. And when I got
16 down there to file that report, I gave them a description of
17 Donnie and his vehicle, and they could not put it on the wire
18 because their computer was down. And we went on home and we
19 didn't go to church that night, we were so upset. But they
20 called me about 3:00 o'clock in the morning from Moss Justice
21 Center and asked me if Donnie had come home and I said no, he
22 hadn't. And they said, well, we have got the information on the
23 wire now and it's being broadcast.
24 Q. What efforts did you make on Monday to try to find your
25 son?
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1 A. On Monday, I told the family, I said, I just feel like
2 I've got to hunt him. So I went Highway 322, I travelled it. I
3 was looking in gullies, thinking maybe that he may have fallen
4 asleep coming home that night and run off into a gully or
5 something. One gentleman came by and stopped and asked me what
6 I was hunting for, and I said, I'm hunting for my son, I said I
7 hadn't seen him since Friday. And Denise took flyers with
8 Donnie's picture and description of the car and she began to put
9 those flyers out.
10 Q. Did you get a call from the state patrol on Monday?
11 A. Yes, I did. The state patrol from Chester called us and
12 told us that Donnie's car had been found behind Sports Authority
13 on East Independence Boulevard.
14 Q. And what did you do at that point?
15 A. They was three carloads of us, friends and some of the
16 children, loaded up and went to the shopping center behind
17 Sports Authority, and I verified that that was Donnie's car.
18 And I had a key that I gave to the police in order for them to
19 get into the car, because they didn't have any keys and it was
20 locked up.
21 Q. Did one of your friends find something at that scene?
22 A. Pardon me?
23 Q. Did one of the people who came with you or went in the
24 three carloads find something?
25 A. Yes, sir. Ben, I can't recall his last name, but he's
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1 Kenny's friend, Kenny is my son-in-law, and Ben had walked over
2 and opened the dumpster and there he found a bag, a shotgun,
3 water hose and duct tape in that dumpster.
4 Q. And did y'all tell the police about that?
5 A. Yes, they told the police what was in there. And about
6 that time, they began to tape off the area and wouldn't let us
7 even get close to the car.
8 Q. Okay. Did you go home that night?
9 A. Yes, sir. Dennis, my next to oldest son, came by and
10 said, Dad, you need to go on home, he said, we will stay here
11 and see what happens. So a friend of mine, Sonny Davis, and
12 myself and I think one other was with us that drove back home,
13 and Dennis and the rest of them stayed up there that night to
14 see what they took out of that dumpster.
15 Q. The next morning, did you make any efforts to find your
16 son?
17 A. Yes, sir, I did. I got up. Dean had told us the night
18 before that Donnie had met a girl at Coyote Joe's on Wilkinson
19 Boulevard the weekend prior to this. And I said, well, I feel
20 like I have got to hunt him. So I got two thermos bottles and I
21 filled them with water.
22 Q. Why did you do that?
23 A. Well, I thought maybe that by some slim chance that
24 Donnie may be tied up somewhere, and this was the hottest
25 weather that we had had and I knew that if he was still alive,
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1 that he would need water. We got in the car. I called Richard
2 Eldridge in Mount Holly. He and I were supposed to have golfed
3 together, and I told him that we wouldn't golf because I said,
4 Donnie's been missing since Friday. And Richard said, well,
5 what can we do? I said, well, I'm going to hunt him, and
6 Richard said, well, I want to help. And Stanley Chambers, a
7 good friend of mine and Donnie's, said he wanted to help also.
8 So the plans were for us to meet at a restaurant on
9 Wilkinson Boulevard for lunch. So we went down, we came up 77,
10 went down Billy Graham parkway, just feet from the body and
11 didn't know it, and went down and turned up Wilkinson to Coyote
12 Joe's. And we got out and we searched the parking lots and the
13 fields around there, the bushes, to see if we could see
14 anything, and we didn't. So we got in our vehicle and went back
15 up Morris Field Road, went back up Wilkinson Boulevard and
16 turned right on Morris Field Road and came to the light at Billy
17 Graham and Morris Field where Donnie was found. We came back to
18 River Hills, we put out flyers in the NationsBank, in the
19 hardware stores, in the Harris Teeter stores and different
20 areas, and then we went on home. And when we got back home,
21 then, it was on the TV about there being a body located at
22 Morris Field and Billy Graham intersection, and I knew in my
23 heart it had to be Donnie.
24 Q. Did there come a time that afternoon when investigators
25 met with you and your son?
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1 A. Yes, sir.
2 Q. And what did they tell you at that time?
3 A. Well, they came to the house and they was just more or
4 less trying to console us. I think the investigators really
5 knew more than what he let us know, but --
6 Q. Did they ask you for dental records?
7 A. They asked us about Donnie's dental report. And, of
8 course, Dennis didn't want to let his mother know they was
9 searching for Donnie's dental record, and he told her that his
10 son Caleb had to have some work done on his teeth and asked her
11 who the doctor was that did Donnie's work, so she told him it's
12 a doctor over in Gastonia. And they also, the son-in-law called
13 and asked if Donnie had a necklace on with a cross on it, and I
14 verified that he did have.
15 Q. And did you describe that necklace and cross?
16 A. That necklace was kind of a rope necklace with a cross
17 and it had a dent in the cross.
18 Q. Is that when you found out your son had been killed?
19 A. Yes.
20 MR. CONRAD: That's all I have, Judge.
21 MR. WILLIAMS: No questions, Your Honor.
22 THE COURT: Thank you, sir. Call your next witness.
23 MR. WALKER: Your Honor, the government calls Elaine
24 Edwards.
25 ELAINE EDWARDS,
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1 being first duly sworn, was examined and testified as follows:
2 DIRECT EXAMINATION
3 BY MR. WALKER:
4 Q. Ma'am, would you state your full name for the members of
5 the jury?
6 A. Elaine Ann Ricky Edwards.
7 Q. And Ms. Edwards, you are going to have to keep your
8 voice up so that all of the members of the jury can hear what
9 you say.
10 How old are you, Ms. Edwards?
11 A. 23.
12 Q. Do you live here in the Charlotte area?
13 A. No, in Gastonia.
14 Q. I want to turn your attention back to the events of
15 June 21st of 1996, and in particular, during the night hours of
16 June 21st of 1996, do you remember that particular night?
17 A. Yes.
18 Q. And lean up in your chair just a little bit and speak
19 into that microphone. Did you have an occasion on that night to
20 be at Coyote Joe's off of Wilkinson Boulevard here in Charlotte?
21 A. Yes.
22 Q. What time did you arrive at Coyote Joe's on that
23 particular night?
24 A. It was about 10:30.
25 Q. And did go there with some friends or did you go there
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1 alone?
2 A. I was with some friends.
3 Q. At some point on that night while you were at Coyote
4 Joe's with your friends, did you see a person there named Donald
5 or Donnie Allen?
6 A. Yes.
7 Q. Would you please tell the members of the jury how it was
8 that you saw Donnie Allen there and what happened, if anything?
9 A. We were, my friends Wendy and Kim, we were playing pool
10 and we needed another partner, and we saw him there, and I asked
11 him if he wanted to play. And --
12 Q. Were you upstairs on the second floor or where were you
13 inside Coyote Joe's?
14 A. We were upstairs right besides the pinball machine
15 playing. It was the pool table nearest to the banister.
16 Q. Okay. Now, did you recognize Donnie Allen when you
17 first saw him? Tell the jury what you thought at that point.
18 A. When I saw him, he looked familiar, he looked like
19 someone from school. So I went up to him and I said, did you go
20 to York, and he said yes. And that's when I started asking
21 questions, did he know this person and did he know this other
22 guy. And he said he did know one particular person, and I said,
23 oh, my gosh, you know this person. So I got really exited and
24 he started laughing, and that's when we started playing.
25 Q. Okay. And did you yourself go to York High School?
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1 A. Yes.
2 Q. So that's where you recognized Donnie from?
3 A. Yes.
4 Q. How long did you speak with him that night?
5 A. Once we started playing pool, it was me and Wendy and
6 Kim and Donnie were playing, and we didn't speak much after
7 that. And after we played, we just said thank you and that was
8 it.
9 Q. You didn't see him anymore that night?
10 A. No.
11 Q. I want to turn your attention to a couple days after
12 that date. Did you see something when you were about town that
13 got your attention?
14 A. I have asthma, so I had to go to Eckerd's to get my
15 medication in York. And I saw a sign that looked -- I saw his
16 face, so afterwards, that's when I said, what's going on? So
17 then I went to the Food Lion and I saw it again, and I asked
18 somebody about it and they said, well, they can't find him. And
19 that's when I went to my mom and dad's and I called, I think it
20 was Monday I called, and the following day someone came by and
21 seen me at work.
22 Q. Who did you call, did you call the York Sheriff's
23 Department?
24 A. Yes.
25 Q. And the thing that you saw, you saw a flyer, is that
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1 correct?
2 A. Yes.
3 MR. WALKER: May I approach the witness, Your Honor?
4 THE COURT: Yes, sir.
5 BY MR. WALKER:
6 Q. Ms. Edwards, I want to show you Government's Exhibit 26A
7 and ask you to take a look at that. Is that the missing person
8 flyer that you saw when you went to pick up your asthma
9 medication?
10 A. Yes.
11 Q. And did you read that?
12 A. Uh-huh.
13 Q. And then based on that, you called the York County
14 Police, is that correct?
15 A. Yes.
16 MR. WALKER: Your Honor, I would move admission of
17 Government's Exhibit 26A.
18 THE COURT: It will be admitted.
19 MR. WALKER: May I pass that to the jury, Your Honor?
20 THE COURT: Yes, sir.
21 MR. WALKER: I don't have any other questions, Your
22 Honor.
23 THE COURT: Any cross?
24 MR. WILLIAMS: No questions, Your Honor.
25 THE COURT: Thank you, you may step down. Call your
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1 next witness.
2 MR. WALKER: Your Honor, the government would call
3 Detective Tracey Strickland.
4 TRACEY LEE STRICKLAND,
5 being first duly sworn, was examined and testified as follows:
6 DIRECT EXAMINATION
7 BY MR. WALKER:
8 Q. Sir, would you state your full name and tell the members
9 of the jury what you do for a living?
10 A. My name is Tracey Lee Strickland. I'm an investigator
11 with the York County Sheriff's Department in South Carolina.
12 Q. And were you employed in that capacity back in June of
13 1996?
14 A. Yes, sir.
15 Q. Turning your attention, then, to the days June 23rd and
16 June 24th of 1996, were you on duty at around 6:00 o'clock in
17 the afternoon on that particular day?
18 A. Yes, sir, June 23rd.
19 Q. Did you receive a call from a Mr. Bob Allen concerning a
20 particular concern that he had?
21 A. Yes, sir.
22 Q. Would you indicate to the members of the jury what the
23 nature of that call was?
24 A. Mr. Allen came up to the York County Sheriff's
25 Department in York and filed an incident report with our
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1 department.
2 Q. And did you take that incident report?
3 A. Yes, sir.
4 Q. What was the subject matter of the incident report?
5 A. He was wanting to file a report in reference to his son,
6 Donald Lee Allen, who he was reporting missing.
7 Q. Did you take down the information from Mr. Allen?
8 A. Yes, sir, I did.
9 Q. And did you generate a report concerning what he told
10 you?
11 A. Yes, sir.
12 MR. WALKER: May I approach the witness, Your Honor?
13 THE COURT: Yes, sir.
14 BY MR. WALKER:
15 Q. Detective, I'm going to show you Government's Exhibit
16 29. I will ask you to take a look at that, and tell me if you
17 have seen that before, and if so, how you know you have seen
18 that?
19 A. This is the -- a copy of the report that I filed with
20 the York County Sheriff's Department.
21 Q. And that was based on the information that Mr. Bob Allen
22 gave you, is that correct?
23 A. That's correct.
24 Q. And that indicated that his son Donnie was missing, is
25 that right?
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1 A. That's correct.
2 MR. WALKER: Your Honor, I would move admission of
3 Government's Exhibit 29.
4 THE COURT: Let it be admitted.
5 MR. WALKER: May I pass that to the jury?
6 THE COURT: Yes, sir.
7 MR. WALKER: I don't have any other questions.
8 MR. WILLIAMS: No questions, Your Honor.
9 THE COURT: Thank you, sir, you may step down. Call
10 your next witness.
11 MR. CONRAD: United States would call David Nelson.
12 (Pause.)
13 MR. CONRAD: Your Honor, I apologize for the delay, but
14 there is a room here and then there is a room down the hall.
15 THE COURT: Okay.
16 DAVID NELSON,
17 being first duly sworn, was examined and testified as follows:
18 DIRECT EXAMINATION
19 BY MR. CONRAD:
20 Q. Would you state your name for the jury?
21 A. David M. Nelson.
22 Q. Mr. Nelson, where do you live?
23 A. In Nashville, Tennessee.
24 Q. And what is your occupation?
25 A. I'm self-employed.
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1 Q. Turning your attention to June 22nd of 1996, where were
2 you on that day?
3 A. I was in the Super 8 on my way to Asheville, North
4 Carolina.
5 Q. From Nashville?
6 A. Yes, from Nashville.
7 Q. And the Super 8 where, sir?
8 A. Strawberry Fields in of Knoxville.
9 Q. Strawberry Fields right outside of Knoxville?
10 A. Yeah, there are a series of hotels there.
11 Q. And is that on Interstate 81?
12 A. Yes, I believe so, off of 40, sir.
13 Q. The evening of June 22nd, were you spending the night
14 at --
15 A. Yes, that's correct.
16 Q. -- the Super 8?
17 A. That's correct.
18 Q. Where did you park your -- were you driving?
19 A. Yes, sir.
20 Q. Where did you park your car?
21 A. I had to put my vehicle in the back lot because the
22 parking lot right in front of my room was already being
23 occupied, so we ended up putting it right behind the Super 8 in
24 their parking lot behind the hotel.
25 Q. And did you notice anything next morning?
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1 A. Absolutely.
2 Q. What, if anything, did you know?
3 A. My license plate had been stolen. I am a former
4 intelligence officer, so I always check my car before I actually
5 walk out and get in it, looking for anything unusual, and that
6 was definitely unusual.
7 Q. And what time of the morning did you notice that?
8 A. Like about maybe 8:30, 9:00 o'clock in the morning.
9 Q. What, if anything, did you do at that point?
10 A. After that, I went in immediately and called the
11 Knoxville Sheriff's Department to report the tag missing.
12 Q. Did there come a time when you learned what happened to
13 your license?
14 A. I learned about what happened to it probably about three
15 months ago when the district attorney called me.
16 Q. Let me --
17 MR. CONRAD: May I approach the witness, Your Honor?
18 THE COURT: Yes, sir.
19 BY MR. CONRAD:
20 Q. Let me approach and hand you what has been marked for
21 identification as Government's Exhibit 28A, and ask you if you
22 can open that up and whether you recognize the contents of
23 Government's Exhibit 28A?
24 A. That's it.
25 Q. You are looking at Government's Exhibit 28B, and do you
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1 recognize Government's Exhibit 28B?
2 A. Absolutely, that's my plate.
3 Q. Is that license -- read the license number to the jury
4 and show the license plate to the jury.
5 A. That would be 031RBT.
6 Q. With a Tennessee '96?
7 A. Davidson County, which is the Tennessee county that I
8 live in.
9 MR. CONRAD: Your Honor, I'd move admission of
10 Government's Exhibit 28A and B.
11 THE COURT: Let it be admitted.
12 MR. CONRAD: And I have no further questions of this
13 witness.
14 MR. WILLIAMS: No questions, Your Honor.
15 THE COURT: No cross? Call the next witness.
16 MR. WALKER: Your Honor, the government would call Carol
17 Phillips.
18 CAROLE PHILLIPS,
19 being first duly sworn, was examined and testified as follows:
20 DIRECT EXAMINATION
21 BY MR. WALKER:
22 Q. Ma'am, would you state your name, please?
23 A. Carole Phillips.
24 Q. And Ms. Phillips, where do you live?
25 A. In Knoxville, Tennessee.
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1 Q. What do you do for a living in Knoxville, Tennessee?
2 A. I work for Knox County Sheriff's Department, officer.
3 Q. How long have you worked at the Knox County Sheriff's
4 Department?
5 A. Seven years.
6 Q. I want to take your attention back to June 23rd of
7 1996. Were you working in that capacity and on duty on that
8 particular day?
9 A. Yes, sir.
10 Q. What was your responsibility that morning, what were you
11 doing that particular day?
12 A. Just normal routine.
13 Q. Well, did you work -- were you a patrol officer or did
14 you work in the office?
15 A. I was in the office that day.
16 Q. At approximately 11:09 in the morning on that date, that
17 being June 23rd of 1996, did you receive a call from a person
18 who identified himself as David Nelson?
19 A. Yes, sir.
20 Q. And what was the nature of Mr. Nelson's call?
21 A. He advised that he -- that someone had stolen his tag
22 off of his vehicle while he was at. I believe it was Super 8
23 motel on a business trip.
24 Q. Did you generate, based on what he told you, did you
25 generate a report concerning his complaint?
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1 A. Yes, sir.
2 MR. WALKER: May I approach the witness, Your Honor?
3 THE COURT: Yes, sir.
4 BY MR. WALKER:
5 Q. I want to show you, Officer, Government's Exhibit 28, it
6 consists of two pages. If you would take a look at that item,
7 and tell me if that's -- tell me if you have ever seen that
8 before, and if so, where you have seen it.
9 A. Yes, sir, this is the report that I took that day.
10 Q. Based on what David Nelson told you concerning his tag
11 being stolen?
12 A. Yes, sir.
13 MR. WALKER: Your Honor. I would move admission of
14 Government's Exhibit 28.
15 THE COURT: Let it be admitted.
16 MR. WALKER: May I pass that to the jury?
17 THE COURT: Yes, sir.
18 MR. WALKER: I don't have any other questions of this
19 witness.
20 THE COURT: Cross?
21 MR. WILLIAMS: No questions, Your Honor.
22 THE COURT: Thank you, ma'am, you can come down. Call
23 your next witness.
24 MR. WALKER: Your Honor, the government calls Officer
25 J.L. Krall.
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1 J.L. KRALL,
2 being first duly sworn, was examined and testified as follows:
3 DIRECT EXAMINATION
4 BY MR. WALKER:
5 Q. Officer, would you state your full name, please?
6 A. Officer J.L. Krall.
7 Q. And Officer J.L. Krall, you work for the
8 Charlotte-Mecklenburg Police Department, is that correct?
9 A. Yes, I do.
10 Q. And what do you do for the Charlotte-Mecklenburg Police
11 Department?
12 A. Patrol officer.
13 Q. How long have you been a police officer?
14 A. Five years.
15 Q. I want to turn your attention back to June 24th of
16 1996. On that particular day, were you working as a Charlotte
17 police officer and on duty?
18 A. Yes, I was.
19 Q. Were you assigned back in June and particularly on
20 June 24th of 1996, were you assigned to a particular area of the
21 city limits of Charlotte in which you were supposed to patrol?
22 A. Sure, the Baker Three district.
23 Q. I'm sorry, would you repeat that?
24 A. Baker Three district.
25 Q. And if you would, keep your voice up like that so that
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1 all of the members of the jury can hear what you say. Tell the
2 members of the jury what in general the Baker Three district
3 covers here in the City of Charlotte.
4 A. It's Independence, Sharon Amity, all the way out to the
5 county line.
6 Q. And as a patrol officer, what is your general primary
7 responsibility and duty within that particular district of
8 Charlotte?
9 A. I patrol Independence, Sharon Amity, all the way down to
10 Independence, Village Lake, patrol and answering calls.
11 Q. Back on that particular date at around 9:00 o'clock at
12 night, were you on duty and in your patrol car?
13 A. Yes, sir, I was.
14 Q. Did you happen to be patrolling the parking lot behind
15 the 5600 block of Independence Avenue in Charlotte?
16 A. Yes, I was.
17 Q. What businesses are located at that address?
18 A. It's Harris Teeter, T J Maxx, Sports Authority, whole
19 bunch of little strip mall stores.
20 Q. Those strip mall stores and the parking lots which
21 adjoin those stores, is that an area that you had patrolled
22 before that particular date?
23 A. Yes, it is.
24 Q. How often would you patrol those particular parking lots
25 both in front of and behind those businesses?
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1 A. That's my assigned area, every day that I work.
2 Q. So would it be fair to say that on a daily basis, you
3 would patrol that area?
4 A. Yes, I do.
5 Q. When you were -- did you patrol that area on June 24th
6 at about 9:00 o'clock at night?
7 A. Yes, I did.
8 Q. Did you see a vehicle parked behind one of the
9 businesses there at that location?
10 A. Yes, I did.
11 Q. What about the vehicle got your attention, if you would
12 relay that to the members of the jury?
13 A. It was a dark blue Honda. I usually know the cars that
14 always park behind that building. It's 9:00 o'clock at night,
15 the shops are closing, and I've never seen that vehicle back
16 there before.
17 Q. And was that in a lot behind 5610 East Independence
18 Boulevard?
19 A. Yes, sir.
20 Q. What did you do when you noticed that vehicle that got
21 your attention?
22 A. Pulled in behind it and ran the tag through our
23 terminal.
24 Q. Tell the members of the jury what you mean by running
25 the tag, if you would.
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1 A. We have a computer in our car where we can run vehicle
2 information, check to see if the car is stolen or who the owner
3 of the car is.
4 Q. What tag was on the Honda Prelude when you ran the tag?
5 A. It was a Tennessee tag, 031RBT.
6 MR. WALKER: May I approach the witness. Your Honor?
7 THE COURT: Yes, sir.
8 BY MR. WALKER:
9 Q. I'm going to show you, Officer, Government's Exhibit
10 28B. Is that the tag that you saw on the back of the Honda
11 Prelude that you saw in that parking lot?
12 A. Yes, it is.
13 Q. When you ran that particular tag, that being the
14 Tennessee tag 031RBT, what, if anything, did you learn?
15 A. I learned that it was stolen from a David Nelson in
16 Tennessee.
17 Q. And when you say that it was stolen, you're referring to
18 the tag being stolen?
19 A. Yes.
20 Q. Once you learned that information, what did you do?
21 A. The tag wasn't coming back to that particular car, so I
22 checked the VIN number on the Honda.
23 Q. And when you say VIN number, you are referring to the
24 vehicle identification number?
25 A. Yes, sir.
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1 Q. Is that number a unique number to each individual car?
2 A. Yes, it is.
3 Q. And what was the vehicle identification number on the
4 Honda Prelude that you inspected?
5 A. It was JHMBA8142RC004261.
6 Q. When you ran -- well, did you run that VIN number?
7 A. Yes, I did.
8 Q. When you ran the VIN number through your computer, did
9 you learn who that car belonged to?
10 A. Yes, I did, it belonged to a Donald Allen of 2075
11 McConnells Road, South Carolina.
12 Q. Once you learned that that Honda Prelude belonged to
13 Donald Allen from McConnells, South Carolina, what did you do
14 next?
15 A. Asked my dispatcher to send a message down to the
16 sheriff's department in South Carolina to see if they could
17 locate the owner of the vehicle.
18 Q. See if they could find Mr. Allen?
19 A. Yes, sir.
20 Q. Did you -- once you made that request of dispatch, what
21 happened next?
22 A. She came back and she told me that they were unable to
23 locate Mr. Allen, so I contacted my sergeant and he told me to
24 leave the vehicle where it was.
25 Q. Did you then leave the scene?
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1 A. Yes, I did.
2 Q. At some point after you left the scene, did you get
3 another -- did you get a call concerning Mr. Allen's Honda
4 Prelude?
5 A. Yes, I did. The communications supervisor contacted me
6 and advised me that Mr. Allen was now being reported as a
7 missing person.
8 Q. When you were first at the location with the Honda
9 Prelude, did you know at that point that Mr. Donald Allen had
10 been reported missing?
11 A. I did not.
12 Q. When you learned of that information from the dispatcher
13 over your radio, what did you do?
14 A. I went back to the Honda.
15 Q. After you were there with the Honda the second time, did
16 any other officer arrive there on the scene?
17 A. Yes, sir, Officer T.C. Lontz.
18 Q. Shortly after Officer Lontz arrived, did anybody else
19 arrive there on the scene?
20 A. Yes, sir, Mr. Allen's brother-in-law, Kenny Hogue, and a
21 friend, Ben Kennedy, arrived.
22 Q. What, if anything, happened between you and Mr. Kennedy
23 and Mr. Hogue?
24 A. I was talking to Mr. Hogue, and he advised me that
25 Mr. Allen came up to Coyote Joe's to meet a girl.
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1 Q. And was missing since then?
2 A. Yes, sir.
3 Q. At some point, did Ben Kennedy, the gentleman that was
4 with Mr. Hogue, did he do something there near the Prelude that
5 got your attention?
6 A. Yes, he did, he yelled to us that he had found a gun.
7 Q. Did you turn towards him when he yelled that?
8 A. Yes, sir, I turned towards him and he was standing
9 behind us beside a blue dumpster.
10 Q. Did you go over to where he was standing?
11 A. Yes, I did.
12 Q. And did you look inside the dumpster?
13 A. Yes, I did.
14 Q. What, if anything, did you see?
15 A. There was a gym bag and inside the gym bag, there was a
16 sawed-off shotgun with pistol tape grip and a magazine,
17 flashlight taped to the magazine of the shotgun.
18 Q. Did you see anything else in the bag?
19 A. There was some black pants, black baseball cap, white
20 towel, garden hose, bolt cutters, crowbar.
21 Q. After you noticed those items in the dumpster, what did
22 you and Officer Lontz do at that point?
23 A. We called for another officer and we taped the area off.
24 Q. When you say taped the area off, are you referring to,
25 you secured the area?
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1 A. Yes, sir.
2 Q. Did you keep anyone, the people that were there, from
3 going near those items once you saw them?
4 A. Yes, we did.
5 Q. And did that also include the Honda Prelude?
6 A. Yes, I did.
7 Q. At some point, did Officer Fred Allen arrive there on
8 the scene?
9 A. Yes, he did.
10 Q. What, if anything, did you see officer Allen do?
11 A. He helped place the crime scene tape up around.
12 Q. Okay. Did you ever attempt to get inside of the Honda
13 Prelude?
14 A. Yes, I did, it was locked.
15 Q. Were you able -- were you ever able or any other officer
16 ever able to obtain a key to get inside the vehicle?
17 A. Yes, sir, Mr. Allen's brother gave me the key, which I
18 gave to my sergeant and he opened up the trunk of the car.
19 Q. Were you with your sergeant when he opened up the trunk?
20 A. Yes.
21 Q. When he opened up the trunk of Donnie Allen's Prelude,
22 what, if anything, did you see in the trunk of the car?
23 A. There was a South Carolina tab, FBE685, along with some
24 dirt in the trunk.
25 Q. Now, that South Carolina tag that you observed in the
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1 trunk, FBE685, did you do any investigation to determine if that
2 was the legal tag for Donnie Allen's Honda Prelude?
3 A. Yes, sir, I checked the tag and it was the legal tag.
4 Q. So that was the tag that was supposed to be on there
5 instead of the Tennessee tag?
6 A. Yes, sir.
7 Q. Did you eventually see crime scene technicians respond
8 to that scene?
9 A. Yes, I did.
10 MR. WALKER: May I approach the witness, Your Honor?
11 THE COURT: Yes, sir.
12 BY MR. WALKER:
13 Q. Officer, I'm going to show you Government's Exhibits
14 30A, 30B, 30C, 30E and 30F, if you would take a look at each of
15 those items and tell me what those are, please.
16 A. This is from Mr. Allen's vehicle.
17 THE COURT: Which one is this, 29?
18 MR. WALKER: Your Honor, she is referring to
19 Government's Exhibit 30A.
20 BY MR. WALKER:
21 Q. That's a photograph of the front of the Honda Prelude,
22 is that correct?
23 A. Yes, it is. This is rear shot of his vehicle and our
24 patrol vehicles.
25 Q. And you're referring to 30B?
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1 A. Yes, sir.
2 Q. Looking now at 30C, is that a photograph of the tag as
3 you saw it when you opened the trunk of Donnie's car?
4 A. Yes, it is.
5 Q. Okay. 30E, would that be part of the items that you
6 noticed when you looked into the dumpster?
7 A. Yes, sir, it is.
8 Q. And lastly, looking at 30F, what is shown in that
9 photograph?
10 A. It's a gym bag, and there is a pistol grip shotgun
11 covered up by some black pants.
12 Q. Do all of those items fairly and accurately illustrate
13 the items that you saw in the dumpster and Donnie's Allen car
14 the night that you located it at that location?
15 A. Yes, it is.
16 MR. WALKER: Your Honor, I would move admission of these
17 photographs.
18 THE COURT: 30A, 30B, 30C, 30D, 30E and 30F will be
19 admitted.
20 MR. WALKER: Yes, Your Honor, it would be 30A, 30B, 30C.
21 THE COURT: D?
22 MR. WALKER: Not D just yet, Your Honor.
23 THE COURT: Okay.
24 MR. WALKER: 30E and 30F.
25 THE COURT: Thank you, sir, they will be admitted.
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1 MR. WALKER: Thank you.
2 BY MR. WALKER:
3 Q. Did you notice anything about the inspection sticker
4 that was on the Honda Prelude?
5 A. Yes, sir, there is little parts of a green sticker in
6 the bottom left-hand corner of the windshield.
7 Q. And what did that indicate to you when you made that
8 observation?
9 A. I knew that South Carolina had green inspection
10 stickers.
11 MR. WALKER: No further questions, Your Honor.
12 CROSS-EXAMINATION
13 BY MR. WILLIAMS:
14 Q. Officer Krall, when you were at the scene and examined
15 the contents of the dumpster, did you find or see a church
16 bulletin and make a note of that in your report?
17 A. Yes, sir, there was a church bulletin.
18 Q. And was there an address on the church bulletin?
19 A. I don't recall.
20 Q. Do you know if there was a reference in the church
21 bulletin to the State of Tennessee?
22 A. I don't recall.
23 Q. Did you also find two letters to a person named Vicki,
24 or Vicci, excuse me, from a person named Poo?
25 A. Yes, I did.
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1 Q. And did you make a note of that in your report?
2 A. Yes, I did.
3 Q. Did you also find some hose like a garden hose with some
4 tape taped around the end of the hose?
5 A. Yes, I did.
6 Q. And did you make a note of that in your report?
7 A. Yes, I did.
8 MR. WILLIAMS: May I approach the witness, Your Honor?
9 THE COURT: Yes, sir.
10 BY MR. WILLIAMS:
11 Q. Let me first show you a photograph marked for the
12 purposes of identification as Defendant's Exhibit Number 13, and
13 ask you to tell me if you recognize that photograph, and if so,
14 what it shows?
15 A. It appears to be an envelope, a church bulletin and part
16 of a garden hose wrapped with duct tape.
17 Q. And do you recall whether you saw those items at the
18 scene as you have previously testified to?
19 A. Yes, sir, I did.
20 Q. And I will hand you a photograph marked for the purposes
21 of identification as Defendant's Exhibit Number 14, and ask you
22 if you can identify that photograph?
23 A. Yes, sir, it's a garden hose in a Sears bag.
24 Q. And is that the garden hose or part of the garden hose
25 that you observed at the scene as you have previously testified
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1 to and noted in your report?
2 A. Yes, sir.
3 Q. Finally, I hand you Defendant's Exhibit Number marked
4 Defendant's Exhibit 15, and ask you if, before I show you the
5 photograph, you observed any box of Compoz sleeping pills?
6 A. I don't remember seeing any.
7 Q. You don't remember seeing that?
8 A. No, sir.
9 MR. WILLIAMS: No further questions.
10 MR. WALKER: Nothing, Your Honor.
11 THE COURT: Thank, you ma'am, you may come down. Call
12 your next witness.
13 MR. CONRAD: Your Honor, the next witness is a fairly
14 lengthy witness through whom a number of exhibits are going to
15 be introduced.
16 THE COURT: All right, sir, we will take a recess at
17 this time.
18 Members of the jury, first of all, I think I neglected
19 this morning to ask if anybody heard, seen or read anything
20 about this case overnight. If you did, just raise your hand.
21 (Jurors shake heads.)
22 THE COURT: I take it, then, you haven't talked to
23 anyone about it, haven't seen, heard or read anything?
24 (Jurors shake heads.)
25 THE COURT: Thank you very much, then, recess at this
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1 time. Do not discuss the case among yourselves while you are
2 out.
3 (The jury left the courtroom.)
4 THE COURT: Recess until 11:05.
5 (Brief recess.)
6 THE COURT: Call the jury.
7 (The jury returned to the courtroom.)
8 THE COURT: All right, call your next witness.
9 MR. CONRAD: The United States would call Amy Krise.
10 A.R. KRISE,
11 being first duly sworn, was examined and testified as follows:
12 DIRECT EXAMINATION
13 BY MR. CONRAD:
14 Q. Would you state your name for the jury and spell your
15 last name for the court reporter?
16 A. Amy Rea Krise, K-R-I-S-E.
17 Q. Ms. Krise, how are you employed?
18 A. With the Charlotte-Mecklenburg Police Department as a
19 crime scene search technician.
20 Q. And how long have you been employed in that capacity?
21 A. Three and a half years.
22 Q. What are your duties as a crime scene search
23 technicians?
24 A. My primary duties are to photograph, document, process
25 and collect all physical evidence on a crime scene.
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1 Q. And on Monday, June 24th, 1996, were you employed in
2 that capacity?
3 A. Yes, I was.
4 Q. At approximately 11:00 o'clock that evening, did you get
5 a call to respond to a crime scene?
6 A. Yes.
7 Q. And would you tell the jury what you did?
8 A. I responded to the crime scene and photographed the area
9 and documented or diagrammed the scene and collected evidence
10 from a dumpster and processed the car later on at the law
11 enforcement station.
12 Q. Where did you respond to?
13 A. The exact address was 5626 East Independence Boulevard
14 at the corner of Idlewild Road and Independence Boulevard behind
15 a shopping center.
16 Q. Would you describe that area for the jury?
17 A. It was a back parking lot, like an employee parking lot
18 behind the shopping center. It was paved and the doors to
19 the -- the back doors to the different stores were visible.
20 There were approximately -- well, there were four dumpsters in
21 the immediate area and lined parking spaces, and one Honda
22 Prelude and the back of a tractor-trailer were parked in that
23 area of the parking lot.
24 Q. Do you recall the shopping center itself, what stores
25 were out there?
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1 A. The Sports Authority, Systems Plus, Pic 'N Pay,
2 T J Maxx, and there was a Harris Teeter there as well.
3 Q. And the Honda Prelude that you testified about, was it
4 in the front of the parking area or behind the stores?
5 A. It was behind the stores.
6 Q. Was it visible from Independence Boulevard?
7 A. No, it was not.
8 Q. Was it visible from Idlewild Road?
9 A. No, it was not.
10 Q. Behind the shopping center, what, if anything, did you
11 see?
12 A. Well, there was a paved parking lot and then there was
13 the back of an apartment complex, the name being Castlewood
14 Apartments, and they were visible from that area.
15 Q. And where was the car and the dumpsters and the
16 apartments geographically?
17 A. The dumpsters were immediately next to the building, the
18 car was approximately 58 feet away in a lined parking space, and
19 further south of the car was the back of the apartment complex.
20 Q. Now, when you observed the Honda, what did you do?
21 A. When I arrived on the scene, the first thing I did was
22 photograph the scene. And immediately thereafter, we -- I
23 collected the evidence and -- photographed and collected the
24 evidence from the dumpster. It started to rain and we ended up
25 towing the car to the law enforcement center, so nothing was
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1 done at the car other than I think we unlocked the doors and
2 opened the doors and just did a cursory search on the scene of
3 the car.
4 Q. Did you get a VIN number or license plate number on the
5 car?
6 A. Yes. No license plate was on the car when I arrived. I
7 did take the VIN number down.
8 Q. And did you write that in your report?
9 A. Yes, I did.
10 Q. And had you been informed at that time who the car
11 belonged to?
12 A. Yes, Officer Krall had advised me that it belonged to a
13 missing person.
14 Q. Describe the dumpsters if you will that you saw on that
15 evening for the jury.
16 A. There was a brown dumpster that was a waste management
17 dumpster, and next to it -- not immediately next to it, but near
18 it was a second dumpster that was a blue BFI dumpster that was
19 empty other than the items of evidence that we collected. And
20 then the other two dumpsters were also blue BFI dumpsters and
21 they were filled with trash. They were both overflowing with
22 trash bags of just all kinds of items.
23 Q. Now, did there come a time when you looked inside one of
24 the dumpsters?
25 A. Yes, I actually looked in all four of the dumpsters.
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1 Q. Did you see anything in any of the dumpsters which you
2 later collected as potential evidence?
3 A. Yes. In the first BFI dumpster, all of the
4 evidence -- or everything that was in there, I collected as
5 evidence.
6 Q. And nothing in any of the other dumpsters?
7 A. No.
8 Q. When you say you collected as evidence, explain that
9 process to the jury.
10 A. I pick up evidence and put it in an envelope or brown
11 bag a biohazard bag and seal it and label it. And once it's
12 turned into property control, the property control number is
13 assigned to it.
14 Q. And did you do all that with respect to the evidence at
15 the scene?
16 A. Yes, I did.
17 Q. And what else did you do out there that night?
18 A. I believe that was it.
19 Q. Did there come a time when you looked at the blue Honda
20 again at the law enforcement center?
21 A. Yes.
22 Q. When was that?
23 A. Later on that morning.
24 Q. And tell the jury about that.
25 A. Once again, I photographed the vehicle and I began
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1 documenting everything that was in the vehicle. I processed the
2 vehicle for fingerprints and started collecting evidence out of
3 the vehicle.
4 Q. And do you recall what evidence you collected out of the
5 vehicle later that morning?
6 A. Can I refer to my report?
7 Q. Sure. Would referring to your notes refresh your
8 recollection as to what you recovered on that morning?
9 A. Please.
10 Q. Then go ahead.
11 A. I collected fingerprints from the vehicle, methanol
12 tapings from throughout the inside of the vehicle, federal
13 12-gauge live shotgun shell from the console. There were
14 miscellaneous paper items inside of that console as well,
15 handcuffs from the rearview mirror, handcuff keys from the
16 console, a Wal-Mart bag, a Mary's Hospitality with receipts,
17 dirt from underneath the front of the vehicle, dirt from the
18 trunk, red paint chips from the trunk, the cigarette butts,
19 ashes and license plate screws from the ashtray, an 18-karat
20 gold diamond ring from the console. There was a Cinnamon Burst
21 wrapper from the inner left door light switch, I collected that,
22 a Minimag solitaire flashlight from under the front left seat.
23 I collected the front left door mat and the license plate.
24 There was a South Carolina license plate in the trunk that I
25 collected.
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1 Q. Now, among the miscellaneous papers, did you collect two
2 Knight ticket stubs?
3 A. Yes, I believe they were in there.
4 Q. And maps to various North Carolina and South Carolina
5 destinations?
6 A. Yes.
7 Q. Now, when you collected fingerprints, tell the jury
8 about that process.
9 A. I use fingerprint powder and I dust the powder on the
10 car or the item, and if a fingerprint is visible, I'll place
11 tape over it and I'll lift it with the tape and put it on a
12 fingerprint card. I will identify as to where it came from, put
13 it in an envelope and package it like I would any other type of
14 evidence.
15 Q. And were you able to do that in this case on that
16 vehicle?
17 A. Yes, I was.
18 Q. And how many latent fingerprints did you obtain from
19 that vehicle?
20 A. 23 from the vehicle and other items within the vehicle.
21 Q. And did you turn those fingerprints into property
22 control along with the other exhibits that you collected?
23 A. Yes.
24 MR. CONRAD: Your Honor, may I ask the witness to leave
25 the witness stand and join me at the evidence table?
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1 THE COURT: Yes, sir.
2 BY MR. CONRAD:
3 Q. Let me turn your attention to what has been marked for
4 identification as Government's Exhibit 31A, and ask you if you
5 recognize that tag?
6 A. Yes.
7 Q. How do you recognize it?
8 A. This is the tag that I wrote that identifies what is in
9 the bag and my initials on the bag.
10 Q. And would you have -- would property control have
11 assigned a property control number to this evidence bag?
12 A. Yes, and that's the property control number 14381.
13 Q. Would you also have the evidence sheet which would bear
14 that property control number and the description of the contents
15 that are in the bag?
16 A. Yes.
17 Q. May I ask you to cut open Government's Exhibit 31A and
18 remove from that any of the contents?
19 A. (Witness complies.)
20 Q. Now, turning your attention to what you have just
21 removed as Government's Exhibit 31A-1, do you recognize that
22 bag?
23 A. Yes, this is the bag that came from the dumpster, and it
24 looks like some contents in it.
25 Q. All right, and go ahead and remove the contents from
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1 Government's Exhibit 31A-1.
2 A. This is the initial bag that it was packaged in.
3 Q. Now, you have pulled out two items, one of which is
4 marked for identification as Government's Exhibit 31A-2, and
5 what is that?
6 A. The bolt cutters.
7 Q. And where did you see that on the night of --
8 A. They were in the bag.
9 Q. And Government's Exhibit 31A-3?
10 A. It's a crowbar and it was also in the bag.
11 Q. Would you put those back in the bag, please.
12 Let me turn your attention to Government's Exhibit 31B
13 and ask if you would, please, do you recognize that exhibit?
14 A. Yes, I do.
15 Q. And what is Government's Exhibit 31B?
16 A. It's a garden hose.
17 Q. Does it appear to be in a Charlotte-Mecklenburg police
18 property evidence envelope?
19 A. Yes, and it states that it's a garden hose.
20 Q. Does that piece of evidence bear your initials?
21 A. Yes, it does on the top.
22 Q. Would you go ahead and open that bag?
23 A. (Witness complies.) This is a description of the garden
24 hose, and this was in the dumpster as well.
25 Q. You are talking about Government's Exhibit 31B-1, do you
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1 recognize that exhibit?
2 A. Yes.
3 Q. And what is that?
4 A. That's the strips of the garden hose, the wrapper to the
5 garden hose.
6 Q. Now, as to each of these exhibits, would you pick it up
7 and speaking to the jury, would you say what Government Exhibit
8 label it bears, whether it bears your initials, and open it up
9 and describe the contents?
10 A. All of this?
11 Q. Yes.
12 A. This is Government's Exhibit 31C, it has my code number
13 there, my initials underneath. This is a white Sears bag that
14 came from the dumpster, and it states that it's Exhibit 31C-1.
15 Q. And you recognize that as the bag that you saw in the
16 dumpster on that evening?
17 A. Yes. This bag is Exhibit 31D, and it has my initials on
18 the back.
19 Q. With respect to each of the items that you pulled out of
20 Government's Exhibit 31D, if you recognize any of them, would
21 you describe the exhibit number and where you saw that
22 particular item?
23 A. This is a pair of black pants, Exhibit 31D-3, that were
24 in the dumpster. I believe they were on top of the bag.
25 Q. The gym bag?
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1 A. Uh-huh. This is a white towel, Exhibit 31D-5, that was
2 also in the dumpster. Exhibit 31D-4 is a pair of black shorts
3 that were in the dumpster. I believe they were right beside the
4 gym bag. Exhibit 31D-1, a white T-shirt that was also in the
5 same area of the gym bag inside the dumpster, and it has a dog
6 picture on it. Exhibit 31D-2 is a black Nike hat that was also
7 in the dumpster by the gym bag. This is Exhibit 31F with my
8 initials on it. This is Exhibit 31F-1 that was inside of the
9 dumpster that came from within the Sears bag that I showed you
10 earlier.
11 This is Exhibit 31G, and it has my initials on it. This
12 is Exhibit 31G-1, cut garden hose that came from the dumpster.
13 31G-4 is tape that was removed from the cut garden hose. It was
14 on one end of this. This is Exhibit 31G-2, a roll of duct tape
15 that is torn at one end and bent, that came from the dumpster.
16 And 31G-3 is also a second roll of duct tape that came from the
17 dumpster. This is Exhibit 31L, has my initials on the back.
18 31L-1 are listed as shot pellets removed from the live shell. I
19 believe they did that at ballistics.
20 Q. Okay.
21 A. Item 31L-2 is two federal 12-gauge live shotgun shells
22 that came from the magazine of the shotgun.
23 Q. With respect to Government's Exhibit 31L-2, if you would
24 open that box and identify the contents of the box.
25 A. Two 12-gauge shotgun shells. They are federal shotgun
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1 shells.
2 MR. CONRAD: For the record, Your Honor, I think they
3 could be identified as Government's Exhibit 31L-2(a) and
4 31L-2(b).
5 BY MR. CONRAD:
6 Q. And you indicated that you had removed those shotgun
7 shells from the magazine of the shotgun?
8 A. Yes, and they were both in this condition right here.
9 This had not been cut open at the time.
10 Q. Okay.
11 A. This is Exhibit 31K, and it has my initials and the date
12 on the back. This is a South Carolina license plate that was
13 taken from the trunk of the car.
14 Q. And it bears Government's Exhibit label?
15 A. 31K-1. This is Exhibit 31J, has my initials on the
16 back. It has Exhibit 31J-1 within it. This is the 12-gauge
17 live shotgun shell that came from the console of the Honda
18 Prelude. This is the same type of shotgun shell that I showed
19 you just before, and this was the condition that it was in when
20 I collected it.
21 Q. And you collected that from the console of the Honda, is
22 that right?
23 A. Uh-huh. This is Exhibit 31H. These are copies of the
24 letters and the church bulletin. I collected the originals.
25 Q. And where did you collect the originals of the letters
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1 and the church bulletin from?
2 A. The dumpster.
3 Q. Do you know whether those letters and church bulletin
4 were submitted to the fingerprint laboratory for fingerprint
5 examination?
6 A. I don't know that.
7 Q. Okay.
8 A. Exhibit 31H-1 is a copy of the First Calvary Baptist
9 Church bulletin from June 23rd, 1996 service. Exhibit 31H-2 is
10 a letter that begins with, Dear Vicci, and ends with, loving you
11 always, and it's typed. 31H-3 is a Sears receipt from
12 Knoxville, Tennessee on June 22nd, 1996, with which the vinyl
13 garden hose was purchased. This is a handwritten letter that
14 begins, this is Exhibit 31H-4, it's a handwritten letter that
15 begins with, Dear Vicci, and ends with, loving you always and
16 forever, Pooh.
17 Q. I'm going to hand to you what I'm going to mark right
18 now as Government's Exhibit 31H-5, and ask you if you would open
19 that exhibit. Do you recognize that exhibit?
20 A. Yes, this is the original evidence of letters and sales
21 slip from the dumpster, and it has my name at the top.
22 Q. Do you recognize its contents as the originals of the
23 copies that you just pulled out of Government's Exhibit 31H and
24 identified for the jury?
25 A. Yes, this is a sales receipt from Sears. This is a
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1 handwritten love letter.
2 MR. WILLIAMS: What exhibit number is that, please?
3 MR. CONRAD: 31H-5.
4 MR. WILLIAMS: Thank you.
5 THE WITNESS: There are also copies within the
6 envelope. This is the original envelope that the letters were
7 in. This is the second typed letter, and this is the church
8 bulletin.
9 BY MR. CONRAD:
10 Q. And do those exhibits appear to have been treated by any
11 chemical solution?
12 A. Yes.
13 Q. Are you familiar with the fingerprinting process of
14 documents at all?
15 A. Somewhat.
16 Q. And when documents are fingerprinted, do they
17 sometimes --
18 A. It distorts the color.
19 Q. Okay, let me hand what you has been marked for
20 identification as Government's Exhibits 30D, 32A, 32B, 32C, 32D,
21 32E and 32F, and ask you if you can identify those exhibits?
22 A. Yes. The first one is 30B. It's a photograph of the
23 BFI dumpster where all of these items were found. That was the
24 only dumpster out there that had the lid up when I arrived on
25 the scene.
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1 Q. Okay.
2 THE WITNESS: Can I approach them so that they can see
3 these better?
4 MR. CONRAD: Yes.
5 THE WITNESS: This is Exhibit 32A, and these the items
6 that you've just seen here within the dumpster. This shows the
7 gym bag, clothing and the hat and some bottles that were in the
8 area.
9 BY MR. CONRAD:
10 Q. Now, does that exhibit show those items in the condition
11 as they were when you first saw them?
12 A. Yes. This is Exhibit 32B. It's a photograph of the
13 church bulletin, the garden hose or the shorter piece of garden
14 hose in its original condition and the Nike ball cap once they
15 were pulled out of the dumpster and placed on the ground.
16 The next one is 32C. These are the black shorts, the
17 towel and one of the bottles that was in the dumpster, and this
18 is after they were pulled out of the dumpster. The next one is
19 Exhibit 32D, and it's the black pants, some of the bottles that
20 were in dumpster and the tan gym bag once they were pulled out
21 of the dumpster. The next one is Exhibit 32E, and it shows part
22 of the black pants, the gym bag and the contents of the gym bag
23 which were the bolt cutters and the crowbar. Exhibit 32F is a
24 shotgun that was taken from the gym bag, and it shows duct tape
25 on it and a flashlight attached to it, and this was after it was
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1 pulled out of the dumpster.
2 Q. Is that the same shotgun, the handle of which appears in
3 the gym bag in Government's Exhibit 31?
4 A. You can't see it in that.
5 Q. Strike that question.
6 MR. CONRAD: Your Honor, at this time, I probably should
7 have done it already, I move into evidence Government's Exhibit
8 30A, the photograph of a blue dumpster, Government's Exhibits
9 31A, 31A-1, 31A-2, 31A-3, 31B, 31B-1, 31C, 31C-1, 31D, 31D-1,
10 31D-2, 31D-3, 31D-4, 31D-5, 31F, 31F-1, 31G, 31G-1, 31G-2,
11 31G-3, 31G-4, 31H, 31H-1, 31H-2, 31H-3, 31H-4, 31H-5, 31I, 31J.
12 THE COURT: Wait a minute, 31H-4 and then what?
13 MR. CONRAD: 31H-5.
14 THE COURT: Go ahead, sir.
15 MR. CONRAD: 31J, 31J-1, 31J-2, 31K, 31K-1, 31L, 31L-1,
16 31L-2, 31L-2(a), 31L-2(b), and photographs 32A through F.
17 THE COURT: All right, let them be admitted.
18 BY MR. CONRAD:
19 Q. Finally, Ms. Krise, let me hand you what has been marked
20 as Government's Exhibit 31E, and ask you if you can identify
21 that?
22 A. This is not the original bag it was in.
23 Q. Go ahead if you would and open Government's Exhibit 31E
24 and tell me whether you recognize its contents.
25 THE COURT: 30D, is it, what's that a photo of, 30D as
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1 in dog?
2 MR. CONRAD: Pardon me, Your Honor?
3 THE COURT: 30D, what is 30D? On here, it says
4 dumpster.
5 MR. CONRAD: 31D is the evidence bag containing a
6 T-shirt, hat, pants, shirt and a towel.
7 THE COURT: D as in dog?
8 MR. CONRAD: Yes, sir.
9 THE COURT: It's a photo of a dumpster on here.
10 THE CLERK: 30D is the dumpster.
11 MR. CONRAD: Your Honor, when I moved admission of the
12 photograph of the dumpster, I believe I may have said 30A and I
13 meant to say 30D.
14 THE COURT: Thank you, sir.
15 THE WITNESS: This is the original bag that I initialed
16 with my property tag on it, evidence tag on it. It states that
17 it's a shotgun. This is Exhibit 31E-1. It's the shotgun I
18 showed you in the picture that came from the dumpster.
19 BY MR. CONRAD:
20 Q. Now, is that shotgun as you hold it today in the same
21 condition as it was when you retrieved itself from the dumpster?
22 A. No, it looks significantly cleaner.
23 Q. Now, there appears to be tape on the magazine portion of
24 the weapon with a flashlight taped to it?
25 A. Yes.
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1 Q. Was it taped in that fashion when you --
2 A. It was taped. The flashlight was attached to it and the
3 handle also had the tape to it.
4 Q. And the lens on the flashlight, if you will look at it.
5 A. Yes, it's cracked, and that's how it was when I found
6 it.
7 Q. And is it colored any particular color?
8 A. Red.
9 Q. And is that similar to the flashlight that you found in
10 the blue Honda that you testified about earlier?
11 A. I believe the one in the Honda was not -- this one is
12 plastic.
13 MR. CONRAD: Your Honor, I would move admission of
14 Government's Exhibit 31E and 31E-1.
15 THE COURT: Admitted.
16 THE WITNESS: It was also loaded at the time that I
17 collected it.
18 BY MR. CONRAD:
19 Q. What was lighted?
20 A. It was loaded.
21 Q. Okay, Government's Exhibit 31E-1 was loaded?
22 A. Yes, with the two shells.
23 Q. That are now contained in Government's Exhibit 31L-2?
24 A. Yes.
25 Q. Thank you.
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1 MR. CONRAD: That's all I have, Your Honor.
2 THE COURT: Cross?
3 CROSS-EXAMINATION
4 BY MR. WILLIAMS:
5 Q. Would you come up to the table with me, please, and with
6 regard to the letters, can you find the letters?
7 A. Yes, sir.
8 Q. And the church bulletin, are they in the same evidence
9 bag?
10 A. Yes, they are all in Exhibit --
11 Q. Can you pull out the items, please?
12 A. (Witness complies.)
13 Q. Does the church bulletin appear to be -- I believe you
14 read a date on it?
15 A. Yes, it's on the inside. These are the copies.
16 Q. So we don't confuse them, you want to put these back in
17 the original and use the copies?
18 A. Okay.
19 Q. And the church bulletin, does it appear to be a First
20 Calvary Baptist Church bulletin?
21 A. Yes.
22 Q. What was the date of it?
23 A. June 23rd, 1996.
24 Q. And where was this, in what city?
25 A. Knoxville, Tennessee.
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1 Q. And does there appear to have a signature of a name and
2 a date and a time on it?
3 A. Yes.
4 Q. Can you read that?
5 A. A Butler, 6-28-96 at 4:47 p.m.
6 Q. And the Sears receipt, does that appear to be a receipt
7 for a vinyl garden hose or hose of some kind?
8 A. Yes.
9 Q. And the letter or letters that you referred to, one was
10 typed?
11 A. Yes.
12 Q. And it began, Dear Vicci, V-I-C-C-I?
13 A. Yes.
14 Q. And it ended, loving you always, and can you read the
15 name?
16 A. No.
17 Q. Does it appear to be something like P-O-O-H?
18 A. Yes.
19 Q. And does the other letter begin, Dear Vicci, and end,
20 loving you always and forever, Pooh?
21 A. Yes.
22 Q. And the hose, do you want to put these where they should
23 be?
24 A. (Witness complies.)
25 Q. I want to make sure that I understand what you are
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1 saying. Is this short hose, 31G-1, the hose that you were
2 referring to that there was some tape attached to it, or was
3 that another hose?
4 A. Yes -- no, that was this piece of garden hose and it's
5 in one of the pictures we have taken on it.
6 Q. Was that duct tape attached to this hose?
7 A. Yes.
8 Q. Or to some part of it?
9 A. Yes, it was attached to the end of it. Looks like it
10 was this end.
11 Q. And do you remember taking a picture also of the tail
12 pipe of the automobile that you observed and photographed?
13 A. Yes, the exhaust pipe.
14 Q. And may I hand you, please, photograph marked as
15 Defendant's Exhibit, ask you -- hand you a photograph marked for
16 the purposes of identification as Defendant's Exhibit Number 16,
17 and ask you if you can identify that?
18 A. Yes, that appears to be the exhaust pipe from the Honda
19 Prel