50 1 still on our payroll Wednesday although we’ll be taking 2 off all day Wednesday and resume on Thursday. Any 3 questions about that? 4 (NO RESPONSE.) 5 THE COURT: Mr. Carlson, call your first 6 witness then. 7 MR. CARLSON: I’d call Cindy Spears, Your 8 Honor. 9 ----------------------------------------------------------------- 10 CINDY SPEARS 11 having been first duly sworn to tell the truth, the whole 12 truth, and nothing but the truth, testified as follows: 13 DIRECT EXAMINATION 14 BY MR. CARLSON: 15 Q State your name for us please, and spell your last 16 name. 17 A Cindy Spears, S-P-E-A-R-S. 18 Q Miss Spears, where do you reside? 19 A 1800 Jefferson Road. 20 Q Okay. And how long have you lived there, ma’ream. 21 A Eight years. 22 Q And are you married? 23 A Yes. 24 Q And what does your husband do? 25 A He’s a travel agent for Spears Travel. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 51 1 Q Are you familiar with Steve Allen? 2 A Yes. 3 Q Where does Steve live or where is his house located 4 relative to your residence? 5 A He’s directly to the south. 6 Q Ms. Spears, I have diagram here which we have marked 7 as Defendant’s Exhibit 7, and I would locate Steve’s house 8 for you as right here. Could you step down and show the 9 ladies and gentlemen of the jury where your home is 10 located, please? 11 JUROR: Your Honor, I can’t see from back 12 here. Could we move it out a little bit please. 13 MR. CARLSON: Thank you. 14 Q (By Mr. Carlson) Now, you’ll need to be sure and 15 speak up so they understand. 16 A Directly located right here. 17 Q Okay. Do you want to take a pen and mark that for 18 us, please, as to where your home is located. Why don’t 19 you write your name in for me please, ma’am. 20 Now, are you familiar with that neighborhood 21 in and around the Allen home? 22 A Yes. 23 Q Could you tell us and show the ladies and gentlemen 24 of the jury where the Nowotny home or Coffman home or some 25 of those homes are located, please. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 52 1 A Okay. They would be across the street, and directly 2 from the Allen’s are the Herrings and the Nowotnys are on 3 the other side. 4 Q Now, if this were down Jefferson Road, could you 5 locate for me -- this is Lincoln Place -- could you locate 6 for us and write on there the Nowotny’s. 7 A Okay. They’d be approximately right over here. 8 Q Well, if this were -- if this were west over here. 9 A This is Jefferson Place. It’s right there. So 10 they’re -- 11 Q Across the street. 12 A This is the Nowotny’s. 13 Q All right. And if this were a southern direction, 14 can you locate for us where the Coffmans and the Larsons 15 are located? 16 A Okay. Coffmans are right here and Larsons are right 17 here. 18 Q Okay. You can go ahead and take your seat. Did you 19 have occasion, ma’am, to have a conversation with Sandra 20 Allen on June 11th, 1990? 21 A Yes, I did. 22 Q And would you tell us first off approximately what 23 time was that? 24 A I talked to her the first time by telephone around 25 nine, nine-thirty. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 53 1 Q And can you tell us about that conversation? 2 A We talked about several different things. She was 3 excited about her upcoming trip to Branson for the 4 anniversary, and we talked about -- she said it would be 5 the first time that they had been alone together without 6 the children. She was excited about that. And we talked 7 about -- she said her television set had broken and the 8 VCR had broken and we talked a little bit about that, too. 9 Q Did you talk with her later that day? 10 A Yes, I did. 11 Q Approximately what time was that? 12 A That was a little bit before eleven. 13 Q Could you tell us please, ma’ream, about that 14 conversation? 15 A I had Aaron, her youngest son, at my home and I took 16 him home. I knocked on the door and she didn’t come. I 17 knew she was there so I walked in and she was back in the 18 laundry room doing laundry with the dryer going, and I was 19 just there for a few minutes then because we were leaving. 20 Q Did you visit with her later on that day after 21 eleven? 22 A No, that was the last time I saw her. 23 Q Did you ever have occasion that particular day to 24 visit with Steve? 25 A Yes. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 54 1 Q And approximately what time was that? 2 A That was a little before six p.m. 3 Q And could you tell us about that conversation? 4 A I went over there to take Aaron’s cup back and to get 5 my son’s tricycle. I was there for maybe two or three 6 minutes and talked to him at the front door. 7 Q Anything that you noticed while you were there? 8 A I smelled dinner in the background and I thought they 9 probably had just eaten or were getting ready to eat. 10 Q Was Steve doing anything at that particular time? 11 A He was in his shorts and a shirt and I knew he was 12 getting ready to mow the lawn, but he hadn’t done that 13 yet. 14 Q How did you know he was getting ready to mow the 15 lawn? 16 A Sandy had asked me if my son could come over and play 17 with her son while he mowed and I told her he couldn’t 18 because we were going to Tulsa that evening. 19 Q Did you later go to Tulsa that evening? 20 A Yes. 21 Q Approximately what time did you leave for Tulsa? 22 A We probably left around six-thirty. 23 Q What time did you arrive home that evening? 24 A Around 10:30 p.m. 25 MR. CARLSON: Your witness. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 55 1 --------------------------------------------------------- 2 CROSS-EXAMINATION 3 BY MR. CORGAN: 4 Q Miss Spears, I’ll ask you to direct your attention to 5 State’s Exhibit No. 4 there. Ask you, ma’ream, would you 6 look at that. Does that appear to be a fairly accurate 7 representation of your neighborhood and the various homes 8 in the neighborhood, the homes that you told Mr. Carlson 9 about on direct examination? 10 A I’m not clear with where you have the Cowmans 11 located. 12 Q According to the map they would be to the east of the 13 Vaclaw residence. As I —- do you know if there’s more 14 than one Cowmans that live in the neighborhood? 15 A Oh, yes, there are. 16 Q And where are the other ones that you know of? 17 A The other Cowmans are on Church Court and they’re 18 directly across the street from me. 19 Q Okay. So that was your -- 20 A Right. Okay. 21 Q We’ve got two brothers that live out there. 22 A Right. 23 Q One lives close to you and the other one lives down 24 by the Vaclaw’s, is that right? 25 A That’s correct. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 56 1 Q Does that appear to be pretty accurate and 2 representative of that neighborhood? 3 A Yes, it does. 4 Q Now, Miss Spears, you had known Sandra Allen for how 5 many years? 6 A Approximately two and a half years. 7 Q And I guess during that time period you all had 8 occasion to visit back and forth with each other? 9 A Yes. 10 Q And I guess share coffee and -- 11 A Uh-huh. 12 Q -- and kids run back and forth and that sort of 13 thing? 14 A Right. 15 Q Would you agree with me, ma’am, that Sandra was a 16 pretty private person? 17 A Yes, she was. 18 Q Wasn’t like her to really discuss things of what I’d 19 call a personal nature with the neighbors? 20 A That’s correct. 21 Q In fact, didn’t she, at one point, get some new 22 furniture and she didn’t even tell you about it? 23 A Yes. 24 Q So would that kind of characterize Sandy’s nature and 25 kind of her, I guess, privateness? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 57 1 A Yes, she was a very humble person and even though she 2 was outgoing she was private with her personal life. 3 Q Did you ever have occasion to see her down? 4 A One time I observed her from a far and she didn’t 5 know I was watching and I was concerned about her then. 6 Q Okay. But as far as face-to-face contact and 7 conversations, would you agree that she had kind of a 8 perky vivacious character and was happy and presented that 9 sort of attitude to people that she talked to? 10 A Always, uh-huh. 11 MR. CORGAN: That’s all. 12 ---------------------------------------------------------------------- 13 REDIRECT EXAMINATION 14 BY MR. CARLSON: 15 Q Ms. Spears, how did you know that Sandra was excited 16 about going to Missouri? 17 A She told me. 18 Q Can you tell me what she said? 19 A She said that she was very excited about her trip to 20 Branson. It would be the first time that she and Steve 21 would have the opportunity to be alone together without 22 the children and she was looking forward to it. 23 MR. CARLSON: Thank you. That’s all we 24 have, Your Honor. 25 THE COURT: Thank you, Mrs. Spears. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 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.
