73 1 MR. CARLSON: That’s all we have, Your 2 Honor. 3 MR. CORGAN: That’s all. 4 THE COURT: Thanks again, ma’am. You may 5 step down. Next witness. 6 MR. CARLSON: I’d call Mark Jared, Your 7 Honor. Your Honor, could we have the original receipt 8 produced, please. 9 -------------------------------------------------------------------- 10 MARK JARED 11 having been first duly sworn to tell the truth, the whole 12 truth, and nothing but the truth, testifies as follows: 13 DIRECT EXAMINATION 14 BY MR. CARLSON: 15 Q State your name for me, please, and would you spell 16 your last name, please. 17 A Mark Jared, J-A-R-E-D. 18 Q Mr. Jared, can you tell us where you’re employed, 19 sir? 20 A Sonic Drive-In on Frank Phillips. 21 Q And what’s your position there with Sonic Drive-In? 22 A Manager and co-owner. 23 Q I missed the last statement. Manager and -- 24 A Co-owner. 25 Q And how long have you been employed there? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 74 1 A Three years. 2 Q Were you employed there on June the 11th of 1990, 3 sir? 4 A Yes. 5 Q When did you go to work that particular day, what 6 time? 7 A Around eleven. 8 Q Let me hand you, sir, what I have marked as 9 Defendant’s Exhibit 9, and ask you to look at that for me, 10 please. Do you recognize that? 11 A Yes. 12 Q Could you tell us what that is, please? 13 A This is a receipt from somebody ordering three 14 drinks. 15 Q Can you tell us what date that receipt indicates? 16 A The date shows second second of 31, which the date 17 never worked, just the time on the computer. 18 Q Can you tell us where the receipt’s from? 19 A Sonic Drive-In on Frank Phillips, Bartlesville. 20 Q That would be your place of employment? 21 A Yes. 22 Q Now, you say that the date never worked. Can you 23 tell the ladies and gentlemen of the jury about that? 24 A Well, it just always skipped the date on the 25 computer. It had an error in it. We used the time which DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 75 1 just to keep the time of the tickets, how long it takes to 2 go out, because we were trying a four minute ticket time, 3 and the date we never paid attention to. 4 Q Can you tell me what time is indicated on the ticket? 5 A 9:13 p.m. 6 Q And what date does it show? 7 A Second, second 31. 8 Q Can you tell me, Mr. Jared, how this is handled there 9 at Sonic if somebody calls in an order? Tell us how a 10 receipt like this would come to pass, the procedure. 11 A Well, we just take their order over the computer and 12 set it up there for the fountain to make. There’s two 13 copies, ones a white one and then this yellow one, and the 14 customer is suppose to receive the yellow one and the 15 white one stays in the drive-in. 16 Q Why do you keep a time-stamped receipt there at 17 Sonic? 18 A Just so we know whether we’re taking care of the 19 customers or not. You know, if you sit outside 10 minutes 20 for a drink order then you usually don’t come back to the 21 drive-in for another -- for business. If we can get your 22 order out in a couple minutes or a minute for a drink 23 order then, you know, we feel like we’re taking care of 24 business. 25 Q Can you tell the ladies and gentlemen of the jury DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 76 1 when the receipt is stamped relative to when the order is 2 filled? 3 A You mean the time clock, how we keep the tickets? 4 A Yes. 5 A There’s another time clock which is just a simplex 6 time clock with a ribbon on it and when we take the order 7 we clock in -- we clock it out and it shows the time from 8 the time it says on the computer from the time it took to 9 take the order. 10 Q Is the ticket stamped when the order is first called 11 in or is it stamped after the order is filled? 12 A It’s stamped after the order is filled. 13 Q Now, that particular ticket indicates drinks, does it 14 not, sir? 15 A Yes. 16 Q And can you tell us what drinks are indicated on that 17 particular ticket? 18 A Medium Pepsi, medium Cherry limeade, and Kiddie Grape 19 Slush. 20 Q And can you tell us what designations are used for 21 those particular drinks? 22 A Well, back -- this was back when a medium Pepsi was 23 65 cents and a medium Cherry Limeade was 65 cents and a 24 Kiddie Drink was 25 cents or 30 cents. 25 MR. CARLSON: That’s all we have, Your DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 77 1 Honor. We would move the admission of Defendant’s 9. 2 MR. CORGAN: Judge, I think we’ve already 3 admitted the copy so we have no objection to the original. 4 THE COURT: Defendant 9 allowed. 5 ------------------------------------------------------------------- 6 CROSS-EXAMINATION 7 BY MR. CORGAN: 8 Q Now, Mr. Jared, if I understand correctly, when your 9 carhop has the drinks there and is ready to walk out the 10 door and served the drinks, that’s when the ticket that 11 you have is punched and we get the time? 12 A Well, that is the way it is now, but that’s just been 13 here recently. We use to have a time clock sitting right 14 by the fountain on the counter which the fountain clocked 15 it out and the carhop took it out. But now we have a 16 av-time which sits on the -- right by the door as the 17 carhop goes out and she punches the button. 18 Q So are you telling me you did it differently on June 19 the 11th, 1990? 20 A Yes. 21 Q And that was when the order came in? 22 A Yes. 23 Q And you say you try to get the orders out how 24 quickly? 25 A Well, drink orders shouldn’t take, if you’re running DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 78 1 the business right and, you know, you’re not having no 2 help problems, you should be able to get a ticket out in a 3 minute, a drink order like this. 4 Q And we should disregard, if I understand, the date on 5 that ticket? 6 A Yeah, the date’s not correct. 7 Q And there can, you agree with me, be some difference 8 as far as actual time? 9 A Yes. 10 Q In fact, do you know Captain Lowery with the 11 Bartlesville Police Department? 12 A Not particularly, no. 13 Q Did he have occasion to come out and visit with you 14 about your procedure? 15 A I believe I spoke to some law officer. 16 Q And if his observations about the time the ticket 17 showed -- that the ticket was off some four minutes, you 18 wouldn’t quarrel with that, would you? 19 A I would only quarrel with it if the clock we’re 20 clocking it in and out of is off four minutes against this 21 then that would -- yeah, we would notice that, but if 22 they’re both the same, no, we wouldn’t notice it. 23 Q Okay. You want both of your clocks to be the same? 24 A Right. So we can keep the time on the tickets. 25 Q But as far as if your clock said 9:13 and his clock DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 79 1 said 9:09, there was some four minutes difference, you 2 wouldn’t quarrel with that? 3 A No. 4 Q So as far as the exact time on that ticket we really 5 can’t be sure anything more than it said 9:13 on your 6 clock that night? 7 A Correct. 8 Q Could have been earlier and could have been later? 9 A Yes. 10 MR. CORGAN: I believe that’s all. Thank 11 you, sir. 12 --------------------------------------------------------------- 13 REDIRECT EXAMINATION 14 BY MR. CARLSON: 15 Q Mr. Jared, do I understand that at the time on June 16 the 11th, 1990, that this would have been stamped at the 17 time that the order was called in rather than it being 18 filled? 19 A Yes. 20 Q And what’s the procedure after it’s filled -- I’m 21 sorry -- after it’s called in? Is the ticket then put up 22 and somebody take the ticket? 23 A Yeah. Somebody takes the ticket in the fountain and 24 they make the drink and sit it on the tray and the carhop 25 takes it out. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 80 1 Q Depending upon how busy you are then there’s a little 2 time lag between the time it is stamped and the time it is 3 filled? 4 A Yeah. S MR. CARLSON: Thank you. That’s all we 6 have. 7 THE COURT: Thank you, sir. Step down. 8 Next witness. 9 MR. CARLSON: We’d call Mel Ptacek.
LH 2000