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1 MR. CARLSON: That's all we have. 2 THE WITNESS: Am I excused, Your Honor? 3 THE COURT: Recessed till nine o'clock in 4 the morning, ladies and gentlemen. Please don't discuss 5 the case. Nine o'clock in the morning. 6 (THE PROCEEDINGS WERE ADJOURNED FOR THE DAY) 7 (SUBSEQUENT PROCEEDINGS WERE HELD ON 8 JULY 24, 1991, WHICH ARE CONTAINED IN A 9 SEPARATE VOLUME) 10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11 (THE FOLLOWING PROCEEDINGS WERE HELD ON 12 JULY 25, 1991, IN CHAMBERS OUT OF THE 13 HEARING OF THE JURY) 14 MR. CARLSON: Judge, would you swear Kevin. 15 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 16 KEVIN D. BUCHANAN 17 after having been duly sworn to tell the truth, the whole 18 truth, and nothing but the truth, testified as follows: 19 DIRECT EXAMINATION 20 BY MR. CARLSON: 21 Q State your name for us, please. 22 A Kevin D. Buchanan. 23 Q What's your business profession or occupation? 24 A I'm an attorney in Bartlesville, Oklahoma. 25 Q You're involved with me in the defense in this case.
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30 1 A Yes. 2 Q Tell the Court what you observed this morning. 3 A This morning as I came out of the men's room, which 4 is probably 20, 30, 40 feet from the juror door, I 5 observed Darla Snavely, who today is dressed in a 6 polka-dot, multicolored polka-dot dress. 7 She's been here throughout the entire course of 8 these proceedings, from my observations. 9 And Mrs. Snavely was standing with a tall 10 gentlemen, gray hair. 11 And as I came out of the restroom, the tall 12 gentlemen stopped Mr. Grogan, who's a juror, and shook his 13 hand and said something to the effect of Lord be with you 14 or Lord praise you, something to that effect. 15 And Mr. Grogan said thank you and said I'm on my 16 way to the jury room. 17 And I went around the corner, turned around and 18 came back. Mr. Grogan was standing at the jury room door, 19 and the tall gentleman was still addressing him. 20 And Darla Snavely pointed out to Mr. Grogan that
21 that was her father and introduced him to Mr. Grogan. 22 And I've also observed all morning while we were
23 walking or carrying our boxes back up and down the stairs 24 that Joe Snavely, the father of the victim, was standing 25 out in front of the juror door, within about 20 feet of DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
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1 the juror door the entire morning. 2 MR. CARLSON: Comes now the defendant, 3 Stephen Lee Allen, and would move for a mistrial based 4 upon the outside influence and outside contact with the 5 jurors from the Snavely family. 6 THE COURT: Any questions? 7 MR. CORGAN: No, Judge. 8 THE COURT: Overruled. 9 MR. BUCHANAN: Judge, so that -- one other 10 matter, we talked about -- off the record had talked about 11 the medical examiner's photographs yesterday. 12 I believe there's a total of the 30 photographs 13 we have given to Mr. Corgan this morning, the same 14 photographs that we attached Xerox copies of to our motion 15 earlier, our motion in limine on the photographs, and then 16 provided him with the copies of the photographs that we 17 are seeking from the Medical Examiners s office to be 18 excluded, as we had talked yesterday about the medical 19 examiner's testimony coming up and which photographs we 20 were or weren't going to show in his collection of photos. 21 THE COURT: You just received those just 22 now? 23 MR. CORGAN: Yes, Judge. I'm not really -- 24 THE COURT: We'll just take it up later, 25 has a chance to make his decisions on what he wants to DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
32 1 MR. CARLSON: Yeah. I may look at them too 2 from the standpoint that I don't know that I've -- but I 3 will look at them. 4 We can solve that today or tonight, I feel 5 pretty confident, since the medical examiner's not coming 6 till tomorrow, it's my understanding. 7 MR. BUCHANAN: For the record, these are 8 the same ones that were attached to our motion in limine, 9 the ones we've submitted so far. 10 MR. CARLSON: Your Honor, we'd request that 11 the Court continue to advise the jurors not to read 12 anything about the case or to watch the news media and 13 television or be informed about the case. 14 Does the Court have a suggestion as to how to 15 handle the problem that's just come up? 16 THE COURT: I'll just remind them. I 17 assume that the District Attorney and their witness person 18 will re-remind them, if they haven't already, about 19 staying away from them. 20 MR. CARLSON: Okay. 21 MR. CORGAN: Where is your client's family 22 staying? I mean are they going in one of the law library 23 rooms? 24 MR. CARLSON: They've been going -- 25 throughout the first week,they were in one of the law DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
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1 library rooms, the first one. 2 MR. CORGAN: You know, what I was thinking 3 is, you know, I don't want to have some sort of Hatfield 4 and McCoy deal. I don't think we would. 5 But if we could f you could just tell your 6 people if they're going to go somewhere, why don't you 7 have them go into the north library room. 8 And I'll tell my people, you know, rather than 9 congregate in the hall that they can go in the south 10 library. 11 Otherwise, we got, you know, kind of all on the 12 bench in the hallway together; and I don't know how good 13 that is. 14 MR. BUCHANAN: Either that or just in the 15 courtroom. If they'll stay in the courtroom, that would 16 be fine too, just not out in front of the jury. 17 THE COURT: I don't necessarily want them 18 occupying all the law libraries with other folks. 19 MR. CORGAN: Well, the paralegals aren't 20 here; so it won't bother them. 21 I'll, if you give me a chance before we call the 22 jury in, I'll talk to them or have Beth talk to them and 23 make sure that we don't have -- 24 THE COURT: Okay. 25 MR. CORGAN: Or, you know, maybe another
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1 way is the Court could just tell the audience that 2 THE COURT: Well, I want to say something 3 specifically to the parties. 4 MR. CORGAN: What I was going to suggest, 5 though, is that we tell the audience to not linger in that 6 south hallway. 7 THE COURT: Yes. 8 (THE FOLLOWING PROCEEDINGS WERE HELD IN THE 9 COURTROOM OUT OF THE PRESENCE OF THE JURY) 10 THE COURT: All right. Again, before we 11 have the jury come in, we'll remind the members of the 12 family of the victim and of the defendant to have no 13 contact whatsoever with the jury, even to say hello or to 14 be even anywhere near the vicinity of the jury room. 15 And particularly, that would include the south 16 hallway area. You should not even be around that restroom 17 area where the jurors might be taking a break. 18 Again, not have any verbal contact whatsoever 19 with the jury. Some of you will be here -- have been here 20 all week and, I assume, continue to plan to be here. 21 So they'll probably recognize your status after 22 a long period of time. So be particularly careful about 23 having no contact. 24 That would include spectators as well who might 25 be interested in the case to have no contact, no comment
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1 whatsoever with the jurors. If you'd have the jury come 2 in. 3 (THE FOLLOWING PROCEEDINGS WERE HELD IN THE 4 PRESENCE AND HEARING OF THE JURY) 5 THE COURT: All right. Show that our 6 jurors are all present in the box. 7 And, again, I'll just re-mention and ask you to 8 continue to refrain from reading any news accounts or 9 media accounts there might be of the case. 10 And refrain from having discussions with anyone 11 about the case. Be particularly careful to stay among 12 yourselves as jurors. 13 Stay pretty confined amongst yourselves in the 14 jury room area. State call its next witness, please. 15 MR. CORGAN: Your Honor, the State calls as 16 its next witness Mr. Dennis Reimer. 17 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 18 DENNIS REIMER 19 after having been duly sworn to tell the truth, the whole 20 truth, and nothing but the truth, testified as follows: 21 DIRECT EXAMINATION 22 BY MR. CORGAN: 23 Q State your name, please, sir. 24 A My name is Dennis Reimer. 25 Q Mr. Reimer, what is your business, profession, or
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