85 1 MR. CORGAN: Your Honor, I don’t believe I 2 have any questions. 3 THE COURT: Thank you, sir, you’ll be 4 excused. Next witness. 5 MR. CARLSON: I’d call Mark Spurgeon, Your 6 Honor. 7 ----------------------------------------------------------------- 8 MARK SPURGEON 9 having been first duly sworn to tell the truth, the whole 10 truth, and nothing but the truth, testified as follows: 11 DIRECT EXAMINATION 12 BY MR. CARLSON: 13 Q State your name for me please, sir. 14 A Mark Allen Spurgeon. 15 Q Can you tell me your business, profession or 16 occupation? 17 A I’m the men’s tailored clothing sales associate for 18 Dillards. 19 Q So we’ll get it right, would you spell your last name 20 for us? 21 A S-P-U-R-G-E-O-N. 22 Q Mr. Spurgeon, how long have you worked at Dillards? 23 A Since November of ‘89. A year and eight months, 24 something like that. 25 Q Were you working there on June the 11th of 1990? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 86 1 A Yes. 2 Q Have you ever had any contact with Steve Allen prior 3 to June the 11th, 1990? 4 A Yes. 5 Q Can you tell the ladies and gentlemen of the jury 6 about that contact? 7 A His wife was interested in getting him a sport coat 8 and sold him a sport coat. 9 Q Did you actually deal with Steve in regard to the 10 sport coat? 11 A Yes, he was there, uh-huh, to fit him. 12 Q Do you know approximately how long that was before 13 June 11th, 1990? 14 A No, not really. I’m guessing February or March 15 maybe. I don’t know. 16 Q I have a copy of your time sheet which the supervisor 17 just produced for us. It’s been marked Defendant’s 18 Exhibit 11. Have you had a chance to review that prior to 19 today? 20 A Just briefly when you were down at the store. 21 Q All right. And what time did you clock out that 22 night, June the 11th, 1990? 23 MR. CORGAN: Your Honor, the exhibit speaks 24 for itself. 25 THE COURT: Overruled. You may answer. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 87 1 A According to this, 9:24. 2 Q (By Mr. Carlson) Can you tell us why you were 3 clocking out at 9:24? 4 A Well, I obviously had a -- well, not obviously, but 5 I’m assuming that I had a late customer. That happens on 6 occasion where we’re going through a fitting process and 7 they just happen to be there past store closing hours. 8 Q Could you step down here, and I’m not going to put 9 you on the spot, but do the best you can. Can you draw us 10 a little diagram as to where you were working that evening 11 and sort of orient us so far as Dillards, the parking lot 12 where you park. 13 A Well, this is all going to be general. If Dillards 14 is here the dock exit would be back here. There’s stairs 15 coming down. This would be, I guess, the street that 16 circles and surrounds the mall. These are like loading 17 docks and coming down the stairs there’s a sidewalk and 18 there’s three spaces that are marked with red along the 19 outside for employee parking. Where I was at that 20 particular night I couldn’t tell you, but I would assume 21 that -- most often I will park out here somewhere. 22 Q Do you generally park out pretty close to the street? 23 A I can say generally, yes. 24 Q Okay. Is that what you’re basically asked to do as 25 an employee, leave the closer spots for the customers? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 88 1 A That’s correct. 2 Q Okay. 3 A However, there is some deviance from that because, 4 oh, there’s -- the first row I think of the parking spots 5 here is generally filled by Dillards employees and I guess 6 this would come on down here. I really couldn’t be -- I 7 was probably in here. I really don’t recall. 8 Q You can go ahead and resume your seat. After you 9 clocked out that evening, what did you do? 10 A To my best recollection I went to my car and went 11 home. 12 Q Okay. 13 A As I always do. 14 Q Do you have a feeling how long it took you to get to 15 your car that evening? 16 A No, I don’t. The -- as you’re well aware of, when 17 you were there we just walked out there. I showed you the 18 time entry and we walked down and I didn’t have the clock, 19 you did, but you said it was about a minute. So 9:24, I 20 guess it could be 9:24 and one second or it could be 9:24 21 and 59 seconds. But approximately a minute. I don’t 22 know. 23 Q All right. What were you driving that night? 24 A Probably my Oldsmobile, 1983 Delta 88. 25 Q Are you familiar with Steve’s car? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 89 1 A No. 2 Q Were there some cars still around the mall when you 3 went out? 4 A Again, generally speaking I’m -- at 9:24 the 5 majority of the people have left the mall area. I would 6 assume that there were some, but again, I don’t have any 7 specific recollection of the lot. But usually by that 8 time most employees have clocked out by 9:00, 9:15 because 9 we generally close the store at 9:00 and generally will 10 take about 15 minutes to close down a register and get out 11 of the store. 12 Q Could someone have seen you and you not have seen 13 them? 14 A It’s conceivable. Well, it would be very possible. 15 MR. CARLSON: All right. That’s all we 16 have, Your Honor. 17 ---------------------------------------------------------------- 18 CROSS-EXAMINATION 19 BY MR. CORGAN: 20 Q Mr. Spurgeon, I noticed that as you testified today 21 you used the words probably, assuming, generally. 22 A Uh-huh. 23 Q Now, if I had some time records and I gave them to 24 you and said, Mr. Spurgeon, here’s a time record that 25 reflects that on January 12th, 1991, you left at 9:24, do DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 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.
LH 2000