90 1 you suspect your testimony today would be the same? 2 A Uh-huh. 3 Q I mean, there’s nothing unusual about June the 11th? 4 A No. 5 Q And so basically what you’re telling us is that’s my 6 procedure I go through and generally there are cars there 7 and probably I did this and I assume I did that. 8 A That’s correct. I haven’t any specific recollection 9 of that particular night as I was leaving. I have none 10 because there was nothing unusual about it. 11 Q And about the best you can tell us really is that 12 based on that time sheet you left at 9:24? 13 A That’s correct. 14 MR. CORGAN: Thank you, sir. 15 THE COURT: Anything else? 16 MR. CARLSON: We have nothing further. 17 THE COURT: Thank you, sir. Step down. 18 Next witness. 19 MR. CARLSON: We’d call Barry Krueger, Your 20 Honor. 21 --------------------------------------------------------------------------- 22 BARRY KRUEGER 23 having been first duly sworn to tell the truth, the whole 24 truth, and nothing but the truth, testifies as follows: 25 DIRECT EXAMINATION DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 91 1 BY MR. CARLSON: 2 Q State your name for me please, sir, and spell your 3 last name. 4 A My name is Barry Karl Krueger. My last name is 5 spelled K-R-U-E-G-ER. 6 Q Can you tell me what your business, profession or 7 occupation is, sir? 8 A I’m an audio engineer and freelance music writer. 9 Q And where are you employed? 10 A Oral Roberts Association in Tulsa. 11 Q How long have you been employed there? 12 A 18 years. 13 Q Can you tell us what you do as an audio engineer and 14 what your position is? 15 A My position is audio manager for the Oral Roberts 16 Association. My job involves all aspects of production 17 for the TV shows, mixing, engineering. I record records. 18 I’m also the announcer for the television show. I also 19 write some music for the show. 20 Q Can you tell us about your training in that 21 particular area, sir? 22 A I’ve taken -- I’ve studied electronics, electronic 23 courses. Actually I began at Oral Roberts University 24 studying German. I was planning to be a German teacher, 25 and one of the things I always wanted to do was be DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 92 1 involved in production. The job came along 20 years ago 2 actually as an intern and the rest is history as they say. 3 Q And do you have a family? 4 A Yes. I have four children. I have a 14 year old 5 son, 12 year old daughter, a 10 year old daughter and a 6 6 year old son. 7 Q From time to time do people call upon you for special 8 projects? 9 A Yes. Very often. 10 Q And did I contact you in regard to a special project? 11 A Yes, you did. 12 Q And would you tell me what that special project was? 13 A The project was to take the tapes, the 911 tape and 14 the -- let’s see. It was a micro cassette of an interview 15 and also there was a video cassette, video tape, and you 16 asked me to enhance them electronically. 17 Q Would you tell the ladies and gentlemen of the jury 18 what you mean, Mr. Krueger, when you say enhance, and how 19 you go about that and what that means. 20 A Okay. In the recording process a lot of times you 21 lose a lot of the material. In other words, you lose high 22 frequencies, the sevilance, the articulation is gone. 23 Specifically when you record in an unfriendly environment, 24 such as a noisy room or over the telephone, over a 25 telephone line, you have a difficult time sometimes of DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 93 1 picking out some of the things that are said. 2 So, in enhancing we use things such as 3 equalizers which control the treble base -- I think most 4 people know what an equalizer is. The type of equipment I 5 have though is much more complex and can do much more 6 exact control. We use enhancers. That’s a relative term. 7 The enhancer I used is of a high frequency expander, and 8 the high frequencies that are lost in recording, this 9 brings a good percentage of that back. It was especially 10 useful in the video tape because a lot of that was very 11 muffled. 12 We also used a little bit of gating. I 13 used a little bit of gating, and what the gating does is 14 when there’s no signal or program or anything you really 15 want, it will cut out, it will get rid of noise and get 16 rid of background noise and makes it a little clearer. 17 Q You talked about an unfriendly environment and I want 18 to make sure that we understand what you’re talking about 19 there. Can you explain that to us again, please? 20 A That’ll be like what you hear right now in the room. 21 You heard the noise of the air conditioning coming through 22 the vents. Just sitting here it doesn’t sound that loud, 23 but a microphone, when it picks it up it’s much louder. 24 The ears -- we’re use to hearing it in a room, but a 25 microphone is coming from one point where we have two DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 94 1 ears, we hear 360 degrees. A microphone doesn’t pick it 2 up like that. So you would hear that type of thing. That 3 would be unfriendly. Traffic noise would be unfriendly. 4 Tape hiss itself is unfriendly. 5 Q Okay. Is there any way that anything is destroyed 6 when you enhance a particular tape? 7 A No, on the contrary. Things that are -- I won’t say 8 lost, but things that are buried in the noise, the things 9 that I was talking about, the ambience, are -- a lot of 10 that can be retrieved, and there’s very special equipment 11 that we do not have that can even pull down even beyond 12 that. It’s very, very expensive. And as far as I know 13 there’s nothing like that in the state. It basically 14 breaks down digitally and reconstructs the sound. 15 Q With regard to the quality of the sound studios in 16 the state, how does the one that you have there at Oral 17 Roberts compare? 18 A I would say probably the audio production studio in 19 Oral Roberts is one of the best, if not the best, 20 recording studios in the state. 21 Q And is that the -- did you use, to enhance the 22 particular tapes, the same studio that you used when you 23 make TV productions? 24 A Yes, it is. 25 Q Did I also ask you to -- I’ll use the term pull off DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 95 1 the audio off of the video? 2 A Yes. I made a transfer from video tape to cassette. 3 Q I didn’t say that very well, but can you tell the 4 ladies and gentlemen of the jury how you do that? 5 A That’s basically played back on the video cassette 6 recorder and then the audio output is taken through the 7 devices that I explained earlier and recorded onto a audio 8 cassette deck. 9 Q And with what result as compared to the original tape 10 that you listened to so far as your enhanced efforts? 11 A I believe the video cassette had the best results. 12 A lot of things came out. It was much easier to discern 13 what was being said from the original. The original was 14 muffled and even turning it up at high levels would not 15 bring out some of the things the enhancement did. The 911 16 tape was fairly good to begin with. We got a good copy 17 off the original police tape. 18 Q Let me hand you, sir, what I’m going to mark as 19 Defendant’s Exhibit 12. Can you tell us what that is, 20 sir? 21 A This is the enhanced 911 call tape which was played 22 from the police tape. 23 Q And Defendant’s Exhibit 13? 24 A This is the enhanced tape of the microcassette which 25 was the interview. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 96 1 Q And Defendant’s Exhibit 14? 2 A And this is the enhanced copy with the video of the 3 investigation after the homicide with the enhanced audio. 4 Q And Defendant’s Exhibit 15? 5 A And this is the transfer of the exact audio enhanced 6 from the video tape to an audio tape. 7 Q And these were prepared by you? 8 A These were all prepared by me, yes. 9 MR. CARLSON: Your witness. 10 ------------------------------------------------------------ 11 CROSS-EXAMINATION 12 BY MR. CORGAN: 13 Q Mr. Krueger, I’m a little bit confused. I don’t 14 quite understand the difference between number 14 and 15 number 15. I guess 14 is the video and you enhanced the 16 sound on that? 17 A I’m not sure which -- what was 14 and what was 15. 18 I’m sorry. I guess I didn’t pay attention to the numbers. 19 Q Okay. This appears to be a video tape and this is 20 14. 21 A Yes. That is a copy made from the -- I would imagine 22 the police tape with enhanced audio with the video. The 23 cassette is the exact same thing without the video. 24 Q Okay. So if I see 14 and I get to see and hear and 25 15 I just get to hear? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 97 1 A Right. 2 Q Okay. If I understand correctly, this is kind of 3 your, I guess for lack of a better word, moonlighting 4 project, is that right? 5 A Pretty much so, yes. 6 Q I mean, it’s, I guess, a part-time business that you 7 have and can do? 8 A Right. I do, from time to time, different projects. 9 Q And obviously you are entitled to compensation for 10 that? 11 A Yes. 12 Q Okay. What would it cost to do something like this, 13 to enhance this 911 call and to enhance the microcassette 14 and to enhance the video? 15 A My fee is $20 an hour. 16 Q Okay. And how much time was involved in your 17 preparation of these items? 18 A For the video cassette I believe it was just one 19 hour. For the -- when I did the initial work I did -- I 20 believe I did the video cassette twice. So the initial 21 work I did the video cassette and the 911 tape and the 22 microcassette. I believe it was something like 3 hours, 23 something like that. 24 Q And did you do additional work on that? 25 A I don’t believe so. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 98 1 Q Okay. So your total fee as far as doing what you’ve 2 done would be $60, if my math is correct? 3 A Well, like I said, there were two times I had worked 4 on it, possibly three. I don’t -- this has been stretched 5 over a few months here so I don’t really remember. But 6 they would be charged for materials. 7 Q And what’s that charge? 8 A The cassettes are very inexpensive. I think they’re 9 around three dollars, two or three dollars each, and the 10 video cassette I believe was five dollars and I did two of 11 those. 12 Q What about your time for testifying? Any 13 compensation for that? 14 A No, none at all. 15 Q Okay. So your time requirements would be whatever 16 you worked on the tapes and then your materials? 17 A Right. In fact I’m -- yes. That’s correct. 18 Q Are we talking about less than $100? 19 A I believe my first bill was around $100. 20 Q And your first bill. Am I to assume that there was a 21 second bill? 22 A Well, I had said I had done it twice. The second 23 time was very inexpensive. It was like $27, I think. 24 Something around there. $20 for the hour and I think a 25 few dollars for the materials. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 99 1 Q So total bill less than $130? 2 A Yes. 3 MR. CORGAN: I think that’s all. Thank 4 you, sir. 5 ------------------------------------------------------------------ 6 REDIRECT EXAMINATION 7 BY MR. CARLSON: 8 Q Mr. Krueger, have you worked on special projects for 9 anybody else here in town? 10 A Yes. I’ve worked quite a bit with Phillips Petroleum. 11 Q Doing what? 12 A As I said earlier, I’m a freelance music writer and 13 they do quite a few industrial films, and they will give 14 me a film let’s say 10 or 15 minutes long striped with 15 what is called time code and I can take that into my 16 studio at home and then I write music for what’s happening 17 on the screen. 18 Q How long have you been doing that for Phillips? 19 A Oh, just about a year. 20 MR. CARLSON: Your Honor, we would move 21 admission of 12, 13, 14 and 15. 22 MR. CORGAN: We would stand on our earlier 23 position, Your Honor. 24 THE COURT: Show those admitted. Thank 25 you, sir. You may step down. Let’s take about a 10 DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 100 1 minute recess. Don’t discuss the case. 2 (A BRIEF RECESS WAS HAD, AFTER WHICH THE 3 FOLLOWING PROCEEDINGS WERE HAD IN OPEN 4 COURT:) 5 THE COURT: All right. Jury’s all back 6 present. Call your next witness. 7 ---------------------------------------------------------------------
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