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1 ask me again? Oh, he didn’t say anything until we got 2 home when he was playing with the kids. 3 MR. CORGAN: Judge, I don’t believe I have 4 any questions. 5 THE COURT: Thank you. You’re excused. 6 ----------------------------------------------------------------------- 7 DAVID NOWOTNY 8 having been first duly sworn to tell the truth, the whole 9 truth, and nothing but the truth, testified as follows: 10 DIRECT EXAMINATION 11 BY MR. BUCHANAN: 12 Q Could you state your name please? 13 A David Nowotny. 14 Q And could you spell Nowotny? 15 A N-O-W-O-T-N-Y. 16 Q Mr. Nowotny, what is your occupation or profession? 17 A I’m a designer for Phillips 66. 18 Q All right. And where do you live? 19 A At 1809 Jefferson Road. 20 Q Okay. How long have you lived there? 21 A Two years. 22 Q I’m going to direct your attention to June 11th, 23 1990. Did you have occasion to be at home on that date? 24 A Yes. 25 Q And did you have an occasion -- well, let me back up. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 105 1 Are you familiar with the Allen Family that would have 2 consisted of Steve, Sandra, Joshua, Aaron and Matthew? 3 A I had never met them personally. I had seen them 4 around the neighborhood and I knew of them more than I 5 knew them. 6 Q Okay. Were you -- what, if any, familiarity did you 7 have with their vehicles? 8 A I was familiar with both vehicles. They came and 9 left and from my living room it’s a easy view over into 10 their driveway. 11 Q All right. And would you have known Steve Allen or 12 Sandra Allen or their children by sight? 13 A Yes. 14 Q All right. On June 11th, 1990, did you have an 15 opportunity to see Steve Allen? 16 A I believe so. I at one point saw him in a vehicle 17 driving south. That would have been on Jefferson Road 18 coming from Nowata toward Lincoln, and a few minutes later 19 the car came back the other direction going north then, 20 and I believe it was him in it at that time. 21 Q All right. And where were you when these 22 observations were made? 23 A I was in the front yard of Bob and Kay Herring. 24 Q Okay. Can you fix for me an approximate time that 25 you would have arrived or gone to the Herrings? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 106 1 A We had gone over there -- we had been doing yard work 2 up until about 8:45 and it was between 8:45 and 9:00 that 3 we went over there. 4 Q All right. And how long did you stay? 5 A We were back in the house at 9:20. I’m familiar with 6 that time because we were looking for a program that we 7 wanted to watch on television. 8 Q Okay. Now, from the yard of the Herrings’, what, if 9 any, view could you have of the Allen residence? 10 A From the position I was sitting it was fairly good. 11 I was facing east so I could see the yard and the road 12 both. I was in a lawn chair. 13 Q All right, and let me direct your attention here 14 to the diagram to your left that’s been marked as State’s 15 Exhibit No. 4, I believe. Can you see pretty close 16 spelling of your name there? 17 A Yes. 18 Q Okay. And does that accurately depict about where 19 your home would be in relation to the Allen home and the 20 Herring home? 21 A It is. 22 Q All right. Now, from the Herring residence, what, if 23 any, view do you have of the Allen driveway? 24 A You can see the driveway from their front yard 25 looking east. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 107 1 Q Okay. And during the period of time that you were 2 there, as I understand from somewhere between 8:45 and 3 9:00 to 9:20, what, if any, observations about vehicles 4 did you make in the Allen driveway? 5 A I was not aware that there were any in the driveway 6 itself. 7 Q Okay. From that period of time when you were in the 8 Herring’s yard? 9 A That’s correct. 10 MR. BUCHANAN: That’s all, Judge. 11 ------------------------------------------------------------------- 12 CROSS-EXAMINATION 13 BY MR. CORGAN: 14 Q Mr. Nowotny, did you all have four chairs out there 15 or how was the set up as you were visiting with the 16 Herrings? 17 A Bob and Kay had some chairs of their own and I think 18 they were already in those and Diana and I brought two 19 from our garage that we keep out there. So we brought our 20 own chairs. 21 Q Okay. So the four of you were just sitting there 22 talking. I think you were there, what, maybe a half hour? 23 A Approximately, yes. 24 Q Notice anything unusual going on in the neighborhood 25 that night? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 108 1 A No. I say nothing. There were two vehicles that I 2 saw in that area that night that were not normally there 3 of which I’ve stated during the investigations, and one 4 was a small black car and I don’t really know what kind it 5 was. I’d put it in the same size and shape as a Sundance 6 that had a piece of molding missing on one door that I was 7 aware of. I think it had two people in it. I saw it go 8 down Lincoln Place and I never did see it come back out. 9 That doesn’t mean it didn’t, I just didn’t see it. The 10 second car I saw approaching coming from south to north on 11 Jefferson Road and it got to Lincoln Road and turned and 12 went up Lincoln Road, which would have been back west, and 13 it was the mosquito fogging truck which had a yellow 14 flashing light on it. Those were the only two vehicles I 15 saw in that neighborhood that evening or anything that was 16 different than normal. 17 Q Now, do you know the -- I think it’s Vigasaws? 18 A Yes, I know them. 19 Q Are you aware that they were on vacation at that 20 time? 21 A I’ve heard that since, but I wasn’t personally aware 22 of it at the time and I haven’t discussed it with them. 23 Q Well, there was some conversation that evening, 24 wasn’t there, with the Herrings about that car going up on 25 Lincoln Place? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 109 1 A I don’t remember discussing it with him that evening. 2 I do remember discussing it with Bob the next evening. 3 Q Okay. You say you saw Steve Allen a couple times 4 that night? 5 A I believe so. 6 Q In fact, you made some sort of remark about that, 7 didn’t you? 8 A On the trip that he made coming from the -- the 9 person that I believe was him, coming from the south going 10 back north, on that trip I wasn’t real sure that it was 11 him at the time and I made that comment that I wasn’t sure 12 to, I believe it was Kay Herring, and she said, no, that 13 was him. 14 Q Well, what comment did you make? 15 A I don’t remember verbatim what it was, but it was in 16 context essentially that I wasn’t that sure that it was 17 him. The sun was coming in from the west, and as I recall 18 whoever it was had their hand up, and I took it that they 19 were shielding the sun from their face. 20 Q Well, you found it kind of unusual that he was 21 driving back and forth like that, didn’t you? 22 A Yeah, it felt a little odd. It seemed like he just 23 went down there and turned around and came back by his own 24 home. That seemed a little odd to me. 25 Q And you never saw him in the driveway that evening? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 110 1 A I don’t recall seeing him in the driveway that 2 evening. 3 Q So if he came up and back that time and ran in the 4 house you missed that? 5 A That’s correct. 6 Q And if he was there at the house any other time that 7 evening you missed that as well? 8 A From the time we went out there and sat, yes. I 9 think at the point I was mowing the yard I remember seeing 10 him across there doing some mowing and yard work and 11 things. I saw him outside a time or two. 12 Q But that was the extent of -- you can tell us that 13 earlier in the evening -- 14 A Right. 15 Q -- he was mowing. 16 A Right. 17 Q But as far as when or if he was around his house 18 while you were out with the Herrings, you just didn’t 19 notice that? 20 A No. 21 Q And that’s not particularly unusual that you wouldn’t 22 notice that, would it be, sir? 23 A Not really. It’s frightening how unobservant you can 24 be. 25 Q Okay. You and the Herrings were just enjoying a nice DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 111 1 summer night and talking and that was about the extent of 2 it, wasn’t it? 3 A That’s correct. 4 MR. CORGAN: I think that’s all. 5 ------------------------------------------------------------------- 6 REDIRECT EXAMINATION 7 BY MR. BUCHANAN: 8 Q Mr. Nowotny, now, give me idea of what you think the 9 distance would be from where you were sitting to the Allen 10 driveway? 11 A To the-- 12 Q Allen driveway. 13 A Oh, I would guess 15 feet. 15 or 20 feet. Something 14 like that. 15 Q From the Herring residence. 16 A From the edge of the driveway are we talking about? 17 Q Well, let me -- As I understand it, you were in front 18 of the Herring residence? 19 A That’s correct. 20 Q And then this is the Allen home? 21 A Yes. 22 Q And how far approximately would you guess it would be 23 from their driveway across the street to the porch? 24 A I’d guess 80 or 90 feet. 25 Q Okay. How about -- we’re here in the courtroom. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 112 1 Give us an idea. Did the courtroom give you a ballpark 2 figure? 3 A It’s further than that back wall. 4 Q Now, do you have an opinion as to whether or not if a 5 car stopped, somebody got out and closed the car door or 6 whatever, do you have an opinion as to whether or not you 7 would have had your attention drawn to that? 8 MR. CORGAN: Judge, that calls for 9 speculation. 10 THE COURT: Sustained. 11 Q (By Mr. Buchanan) You say that you think that Mr. 12 Allen or your impression was you saw him twice? 13 A That’s correct. 14 Q All right. Now, was there anything, as Mr. Corgan 15 said, unusual that night that would have drawn your 16 attention away from someone stopping and parking in the 17 Allen residence? 18 A Not really, no. I think if he’d of done -- even if 19 he pulled in there and stopped I think I would have 20 noticed it. 21 MR. BUCHANAN: All right. That’s all. 22 THE COURT: Any further recross? 23 -------------------------------------------------------------- 24 RECROSS -EXAMINATION 25 BY MR. CORGAN: DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 113 1 Q But if I understand correctly, you didn’t notice 2 that? 3 A That’s correct. 4 Q Never noticed, at any time, Mr. Allen in his 5 driveway? 6 A I noticed no cars in that driveway that evening. 7 MR. CORGAN: That’s all. Thank you. 8 THE COURT: Thank you, sir. Next witness. 9 MR. CARLSON: Your Honor, we call John 10 Bevard.
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