58 1 Call your next witness. 2 MR. CARLSON: We’d call Theresa Miller, 3 Your Honor. 4 THE COURT: You were previously sworn. You 5 are still under oath. 6 ---------------------------------------------------------------------- 7 THERESA MILLER 8 having been first duly sworn to tell the truth, the whole 9 truth, and nothing but the truth, testifies as follows: 10 DIRECT EXAMINATION 11 BY MR. CARLSON: 12 Q State your name for us please. 13 A Theresa Miller. 14 Q And would you tell me what your occupation is, ma’ream? 15 A I teach second grade at Saint John’s School and work 16 part-time at Dillards Department Store. 17 Q How long have you worked part-time at Dillards 18 Department Store? 19 A Since April 7th of 1990. 20 Q Did you have occasion to know Sandra Allen? 21 A Yes, I did. 22 Q I’m going to direct your attention, Ms. Miller, to 23 June the 11th of 1990. Do you recall that date? 24 A Yes, I do. 25 Q Did you have an occasion on that particular date to DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 59 1 take a phone call for Sandra? 2 A Yes, I did. 3 Q And do you know approximately where you were located 4 when you took the phone call? 5 A I was in the handbag department near the register. 6 Q And what did you do with the phone call? 7 A I answered the phone call and the caller asked for -- 8 if he could speak to Sandy Allen, and I at that point 9 handed the phone to Sandy. 10 Q Did the voice appear raspy? 11 A Yes -- 12 MR. CORGAN: Object to the leading nature 13 of the question. 14 THE COURT: Sustained. 15 Q (By Mr. Carlson) When you directed the phone call to 16 Sandy, did she take the phone call? 17 A Yes, she did. 18 Q Do you know approximately how long Sandra talked to 19 that particular person? 20 A Just a few minutes. I’m not sure how long. 21 Q What, if anything, happened after Sandra got off the 22 phone? 23 A Sandy just looked at me and said, Theresa, that was a 24 weird phone call. 25 Q And did you then ask why it was weird? DISTRICT COURT OF’ OKLAHOMA OFFICIAL TRANSCRIPT 60 1 MR. CORGAN: Again, we’re going to object 2 to the leading nature of the question, Your Honor. This 3 is direct examination. 4 THE COURT: Sustained. 5 Q (By Mr. Carlson) What, if anything, did Sandra tell 6 you about the phone call? 7 A I had asked her what do you mean, and she said well, 8 finish with the customer. And so then I said what 9 happened on the phone call, and she said that the caller 10 had asked her if -- where her husband was, and she said, 11 gee, I don’t know, isn’t he at home. And at that point 12 she told him, no, he was suppose to be -- or he said he 13 had just called there and there was no answer, and she 14 said at that point she didn’t know where he was, that he 15 was suppose to be coming up here in a few minutes. And 16 she asked who it was and he at that point said that he had 17 gone to school with Steve and she said that she had also 18 gone to school with Steve and perhaps knew him, and he had 19 given her a name but she couldn’t understand it because he 20 had sounded retarded. And so she said she didn’t 21 recognize him, and at that point he hung up. 22 Q What, if anything, did she relate to you about how he 23 hung up? 24 A As I recall she said that she just didn’t recognize 25 him and then hung up -- he hung up on her. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 61 1 Q What, if anything, did you notice about the tone of 2 the voice when you took the call? 3 A I think I told the O.S.B.I. that I thought it was a 4 raspy voice but that I had had no trouble understanding 5 the caller. 6 Q Did you later have occasion to see Steve there at 7 Dillards that evening? 8 A Yes. He showed up about 15 or 20 minutes later. 9 Q And what happened then? 10 A Sandy approached him in the isle and they were 11 visiting and I took care of a customer and he had walked 12 away and she had gone over to the costume jewelry bay. 13 Q When Steve approached Sandra the first time, what, if 14 anything, happened? 15 A They just started visiting. She took Aaron and was 16 playing with Aaron. 17 Q Approximately how long was Steve there with Sandra? 18 A I’m not real sure. Maybe 5 to 10 minutes. 19 Q Did anyone appear in the particular area while Aaron 20 was there with Sandra? 21 A No. Sandra -- Sandy did think that a manager was 22 watching her, but at that -- while she was visiting with 23 Steve, but he was in another area. 24 Q Where did Steve go then, if you know? 25 A He took Aaron and left. I don’t know. He showed up DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 62 1 again later, but -- and he had bought deodorant the second 2 time that I had seen him. 3 Q Did he have the deodorant with him? 4 A Not the first time. The second time he did. 5 Q Okay. The first time that Steve was there was there 6 any conversation between Steve and Sandra with regard to 7 the phone call? 8 A I don’t have any knowledge of that. I saw them 9 visiting. 10 Q Okay. With regard to the second time Steve was 11 there, where was Sandra when Steve came back after he had 12 the deodorant? 13 A She was in the costume jewelry bay, and he was on the 14 outside of the bay with Aaron. 15 Q Did you walk up at that point in time? 16 A Yes, I did. I walked up and Sandy asked me if the 17 caller had asked for Sandy Allen or Sandra Allen and I 18 said Sandy Allen, and she said, well, it has to be 19 somebody from Dillards because everybody else knew her as 20 Sandra. 21 Q Was there any other comment that you heard between 22 Sandra and Steve at that point in time? 23 A Yes, there was. 24 Q And could you tell us about that, please? 25 A Sandy looked at me and she said, Theresa, remember DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 63 1 the picture, and Steve said what picture, and she told him 2 she would tell him later about the picture. 3 Q How long did Steve and Sandra visit the second time, 4 if you know? 5 A I left pretty much right after that and he had to 6 have left within a minute after that because then she 7 rejoined me. 8 Q I’m sorry. 9 A He had to have left within a minute after I did and 10 left at that point, because she then came over and joined 11 me and we began working. 12 Q Did you have any other contact with Sandra that 13 particular day? 14 A After that? 15 Q Yes. 16 A Yes. We continued working and we both punched out 17 together and we walked out together as we always did and 18 she got into her car and I got into mine and I followed 19 her out of the parking lot and to the point where she 20 turned south to go home. 21 Q So you -- it’s my understanding that you walked out 22 together? 23 A Yes, we always did. 24 Q With regard to the next day, did you have any 25 conversations with anyone of a supervisory nature about DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 64 1 that particular call? 2 A Yes, I did. I had heard about Sandy on the radio. 3 Q Who, if anyone, did you talk to? 4 A I called my area sales manager and told her that 5 Sandy had received a phone call the night before asking if 6 anybody was at the home. 7 Q And did you relate anything further to the 8 supervisor? 9 A I don’t remember at this time? 10 Q Okay. And why did you call your -- the sales manager 11 or supervisor? 12 A I thought it might be related. 13 Q Okay. There’s not any way that you can identify the 14 caller for certain, is there, ma’am? 15 A Probably not. 16 Q You could identify it as a male voice? 17 A Yes. 18 Q Approximately how long did you talk to the voice? 19 A Approximately 5 to 10 seconds. 20 Q Is it a case where you take the call and then you put 21 the person on hold and then direct it to the proper 22 person? 23 A No, we don’t have a hold button. I just sat it down 24 on the counter. 25 MR. CARLSON: Your witness. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 65 1 ------------------------------------------------------------------ 2 CROSS-EXAMINATION 3 BY MR. CORGAN: 4 Q Miss Miller, let me make sure I’m clear on the 5 chronology of the call and seeing Mr. Allen. If I 6 understand correctly, you and Sandra Allen were there 7 working and you had not seen Mr. Allen at that point in 8 the evening when the call came in, is that -- 9 A Not prior to the call, no, sir. 10 Q And then if I understand correctly, about 15 minutes 11 after the call is when you first saw Mr. Allen? 12 A That is correct. 13 Q And that’s when he came with Aaron and he and Mrs. 14 Allen and Aaron had some conversation at that time? 15 A That’s correct. 16 Q Now, Stephen Allen had, in the past, called his wife 17 at the store, hadn’t he? 18 A Yes, he had. 19 Q And you had had occasion in the past to take phone 20 calls when he would call her? 21 A Yes, I had. 22 Q And when he called would he ask for Sandy? 23 A Yes, he would. 24 Q And, in fact, when you initially took the call that 25 night you thought it was Steve Allen, didn’t you? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 66 1 MR. CARLSON: Your Honor, we’re going to 2 object to what she thought. She said she couldn’t 3 identify the caller. 4 THE COURT: You may answer. 5 A I thought the call was Steve when I gave it to Sandy. 6 Q (By Mr. Corgan) Now, when you took the call you were 7 able to understand the caller, is that right? 8 A Yes, I was. 9 Q And the caller in no way appeared to be or sound 10 retarded to you? 11 A No, sir. 12 Q So if when Ms. Allen related to you that the caller 13 sounded retarded, that would have been something different 14 than you observed, is that right? 15 A Yes, it would. 16 Q Now, the second time that Mr. Allen came there to the 17 store I believe there was some question about a picture 18 and Mr. and Mrs. Allen had a very short conversation and 19 then he left, is that right? 20 A That’s correct. 21 MR. CORGAN: I think that’s all. Thank 22 you, ma’am. 23 ------------------------------------------------------------------- 24 REDIRECT EXAMINATION 25 BY MR. CARLSON: DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 67 1 Q Sandra indicate in any way to you that she thought 2 the caller was Steve? 3 A No, she didn’t. 4 Q Okay. And does Steve have a raspy voice? 5 A I don’t remember at this point. 6 Q I’m sorry. 7 A I don’t remember at this point. 8 Q Is Steve in any way retarded? 9 A I don’t know that I’m qualified. I don’t think so, 10 but I don’t think I’m qualified to make a medical 11 judgment. 12 Q Okay. Now, Sandra talked with Steve you said 13 minutes. Did I understand you correctly? 14 A I think, yes. I think they talked for a few minutes. 15 Q And but you talked to this caller five seconds, was 16 that correct? 17 A 5 to 10 seconds, that’s correct. 18 Q Okay. Was there ever any decision about what, if 19 any, this call was a weird call? 20 MR. CORGAN: Excuse me, Your Honor. That 21 would be beyond the scope of cross—examination. 22 THE COURT: Sustained to the form of the 23 question. 24 Q (By Mr. Carlson) I hand you what I’ve marked as 25 Defendant’s Exhibit No. 7 and ask you if you can identify DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 68 1 that. 2 A Yes, I can. 3 THE COURT: Don’t we already have a 7? 4 MR. CARLSON: I’m sorry, Your Honor, you’re 5 right. 6 Q (By Mr. Carlson) Defendant’s Exhibit 8. 7 A Yes, I can. 8 Q Okay. Can you tell us what that is? 9 A It’s a photograph that I found in my car. 10 Q Okay. It’s really a Xerox copy, is it not? 11 A Yes, it is. 12 MR. CARLSON: Your Honor, we’d move that 13 Defendant’s 8 be admitted. 14 (THE FOLLOWING PROCEEDINGS WERE HAD AT THE 15 BENCH OUTSIDE THE HEARING OF THE JURY:) 16 MR. CORGAN: Your Honor, we’d object to 17 Defendant’s Exhibit 8 as, number one, not being relevant. 18 We have previously filed a motion in limine as to the 19 photograph and the circumstances surrounding that. Also, 20 I think it goes beyond the scope of cross-examination. 21 Mr. Carlson had an opportunity to go into that if he 22 wanted to and he chose not to. Our main objection is any 23 relevance as to that photograph to these proceedings. 24 THE COURT: I can’t tell what that is. 25 MR. CARLSON: Well, I’m going to have her DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 69 1 say that it is a picture of a nude man from the waist 2 down, and I didn’t bring the original photograph because 3 it is upsetting to her quite frankly and I’m trying to 4 handle it as delicately as possible from her standpoint, 5 and I think we’ve covered this by way of a motion in 6 limine by the state which was overruled. 7 THE COURT: Well, why don’t you at least 8 lay a foundation for introduction. Do you need to 9 substitute the original? 10 MR. CARLSON: I’ll do that. 11 MR. CORGAN: We’re going to object to 12 further testimony about the picture, you know, it wasn’t 13 gone into on direct. If he wanted to talk about the 14 picture -- 15 THE COURT: Well, it was mentioned on 16 direct and cross about a nude picture. 17 MR. CORGAN: That’s my point, Judge. I 18 brought it up and now, you know, he’s going on and on and 19 on and should have gone into it then. He had his chance, 20 and it’s not relevant. 21 THE COURT: Overruled. 22 (THE FOLLOWING PROCEEDINGS WERE HAD WITHIN 23 THE HEAR OF THE JURY:) 24 Q (By Mr. Carlson) With regard to Defendant’s Exhibit 25 8, can you tell us -- DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 70 1 THE COURT: Just a second. 2 MR. CARLSON: I’m sorry. 3 MR. CORGAN: Excuse me, Your Honor. We’re 4 going to object to the testimony as to the photograph. 5 The photograph is the best evidence. There has not been a 6 proper foundation laid as to this particular photograph. 7 THE COURT: Overruled. You may answer. 8 A It’s a picture of a male between the waist and the 9 thighs exposing himself. 10 Q (By Mr. Carlson) Where was that photograph found? 11 A In the floorboard of the passenger seat of my car. 12 Q And where was your car parked at the particular time? 13 A In my driveway. 14 Q And approximately how long prior to June 11th, 1990, 15 was this photograph found in your car? 16 A I believe the date was May 19th, so it would have 17 been about three and a half weeks. 18 MR. CARLSON: We would move the admission 19 of Defendant’s 8, Your Honor. 20 THE COURT: Defendant 8 allowed. 21 Q (By Mr. Carlson) Approximately how long did you talk 22 with the caller that evening? 23 MR. CORGAN: It’s been asked and answered. 24 THE COURT: Sustained. 25 MR. CARLSON: That’s all we have, Your DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 71 1 Honor. 2 ------------------------------------------------------------------ 3 RECROSS-EXAMINATION 4 BY MR. CORGAN: 5 Q Now, Ms. Miller, in regard to this particular 6 photograph, you say that was found in your car at your 7 home? 8 A That’s correct. 9 Q And at that time were you doing some work with 10 Headstart? 11 A Yes. I was the director for the Bartlesville 12 Headstart. 13 Q And it’s true, ma’am, that you felt that because of 14 your relationship with Headstart and your involvement 15 there that that picture came from that association, isn’t 16 it? 17 MR. CARLSON: Objection to the speculation, 18 Your Honor, as to where it came from. We don’t know that. 19 THE COURT: Well, rephrase your question. 20 Let her give her own answer. 21 Q (By Mr. Corgan) Well, did you have any feeling or 22 opinion as to where or your association that resulted in 23 that picture being placed in your car? 24 A Yes, I did. 25 MR. CARLSON: Same objection, Your Honor. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 72 1 Speculation. 2 THE COURT: You may answer. 3 A Yes, I did. 4 Q (By Mr. Corgan) And what did you think in regard to 5 the picture? 6 A I believed that the picture was associated with the 7 Headstart. 8 Q And why did you think that? 9 A The amount of time that I spent at the Headstart was 10 much more than at Dillards and because of the personnel 11 involved. 12 Q What do you mean by personnel involved? 13 A The people that I worked with. 14 MR. CORGAN: I believe that’s all. 15 --------------------------------------------------------------------- 16 REDIRECT EXAMINATION 17 BY MR. CARLSON: 18 Q Ms. Miller, following your finding this photograph in 19 your car, what, if anything, did you caution Sandra Allen 20 about with regard to working with the public? 21 A I did tell her that you just have to be careful any 22 time you deal with people. 23 Q And why did you caution Sandra about that? 24 A Because there are a lot of people out there that do 25 some bad things. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 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.
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