21 ------------------------------------------------------------------- 22 GUS DAVIS 23 having been first duly sworn to tell the truth, the whole 24 truth, and nothing but the truth, testified as follows: 25 DIRECT EXAMINATION DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
118 1 BY MR. CORGAN: 2 Q State your name please, sir. 3 A Gus Davis. 4 Q Mr. Davis, what is your business, profession or 5 occupation? 6 A I'm a police lieutenant. 7 Q How long, first of all, have you been a lieutenant? 8 A Approximately five years. 9 Q And how long have you been employed as a policeman or 10 law enforcement officer? 11 A Nearly 20 years. 12 Q Has all of that been with the Bartlesville Police 13 Department? 14 A No, it has not. 15 Q How much of that has been spent with the Bartlesville 16 Police Department? 17 A 17 years. 18 Q Now, what does it mean, Lieutenant, to be a 19 lieutenant? 20 A I supervise the evening shift on the police 21 department. I have 12 officers under me and I'm totally 22 responsible for the actions and activities of the officers 23 under me. 24 Q So what would be the chain of command in regard to 25 those officers? The highest would be the lieutenant? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
119 1 A Yes, it is. 2 Q And then what do we have under that? 3 A Sergeant. 4 Q How many sergeants? 5 A We have two sergeants. 6 Q And then under that? 7 A Patrol officer. 8 Q So we have one lieutenant, two sergeants, and the 9 remainder would be the patrol officers, is that correct? 10 A Correct. 11 Q Do you have a particular call number? 12 A The evening shift is designated as Charlie shift. 13 Each officer is designated a number, except for 14 supervisors which are Charlie 1, 2 and 3, and the 15 lieutenant is Charlie 1. 16 Q So as lieutenant in charge of the night shift you 17 would be designated then as Charlie 1? 18 A Correct, on the evening shift. 19 Q Okay. Evening shift as opposed to night shift. 20 A Right. 21 Q Is there a distinction? 22 A Definitely. 23 Q Okay. Tell me the distinction. 24 A I work two to ten, ten o'clock at night. 25 Q And did you work that on June the 11th of 1990? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
120 1 A I did. 2 Q Do you have occasion to make a call in regard to this 3 case? 4 A I did. 5 Q Tell us how that came about, Lieutenant. 6 A At the time that this call came out I was on a call 7 in the 800 block of Osage, automobile accident where a 8 child had been injured, and while investigating the scene 9 with another officer the call came out of a burglary, an 10 assault at 1808 Jefferson. I immediately advised the 11 officer I was leaving the scene and went in route to 1808 12 South Jefferson. 13 Q Now, did you arrive at that location? 14 A I did. 15 Q How did you get there as far as -- well, strike that. 16 Did you use any type of emergency equipment? 17 A I did. I went lights and sirens to the scene. 18 Q How long would you say it. took you to get there? 19 A From downtown to the 1800 block of Jefferson is about 20 between three and four minutes probably. 21 Q Where did you park once you got there? 22 A I parked directly west of 1808 Jefferson. I'm sorry, 23 I don't have the address of the house I parked in front 24 of. It was directly west of the house of 1808. 25 Q Were you parked there on the road? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
121 1 A Yes, I was. 2 Q And what road would that be? 3 A Jefferson. 4 Q Now, is there any road that intersects Jefferson in 5 that particular area? 6 A I believe -- I'm not quite sure. I believe it's 7 Lincoln is the street that intersects there at that 8 corner. 9 Q All right, sir. So you parked, and after you parked 10 what did you do? 11 A As usual when I arrive at a scene of a situation or 12 call of this type, of this nature, I take a visual of what 13 I'm arriving at, checking vehicles, houses, any people in 14 the area. Ahead of me parked facing south the same 15 direction as me was Officer Grayson's unit. It was 16 approximately 100 feet maybe to the south of mine. I 17 looked over at 1808 Jefferson and in the driveway I saw a 18 man hollering at the officer who was approaching him 19 yelling over here, over here. 20 Q Did you have any problem hearing or understanding 21 that? 22 A No. 23 Q What happened next? 24 A At this time I exited my unit and went to the aid of 25 the officer who was going to the fellow that was calling DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
122 1 for him. 2 Q Where did you go? 3 A I went to the driveway of 1808 Jefferson, and as I 4 came upon the driveway, Officer Grayson and which later 5 turned out to be Mr. Allen, who was the one that was 6 calling to him, had already entered the residence and were 7 inside when I arrived in the driveway. 8 Q Where did you go then or what did you do? 9 A Okay. I immediately went inside to the aid of the 10 officer and the gentlemen that was calling's help. And I 11 went in through the garage door and in through a kitchen 12 door or, pardon me, in through a utility room door, which 13 is south of the kitchen, and to the east side of the 14 garage, which brought me into the kitchen. 15 Q What did you see or observe when you went into the 16 kitchen? 17 A Okay. As I came into the kitchen I observed Officer 18 Grayson and Mr. Allen standing near the sink, which was 19 approximately maybe 10 to 12 feet north of where I entered 20 the utility room on the east side of the kitchen. Lying 21 on the floor at the far end or the north end of the 22 kitchen was a body. The body was surrounded in a pool of 23 blood approximately three or four feet in diameter. 24 Q What did you do next? 25 A My first concern was the person lying on the floor. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
123 1 I had not known at this time whether or not Officer 2 Grayson had checked the body. So I immediately went to 3 the body and checked the body for a pulse. I had a lot of 4 blood. I did not know if this person was alive or not. 5 I checked the person's right wrist. I 6 could feel no pulse. I checked over the heart, this area. 7 I could find no pulse. But as I looked -- the head was 8 turned to the left. I could see a pulse in the neck 9 approximately 8 to 10 seconds, something like that. 10 So l reached up on the carotid artery and I 11 did get a very weak pulse. At this time I turned around 12 and I said I do have a pulse. At that point -- do you 13 wish me to continue? 14 Q Please. 15 A At that point Mr. Allen came down to my side and said 16 you have a pulse, and I said yes, I do. He got up. He 17 knelt down, stood up, turned around and walked away from 18 me. At that point my next concern was I knew I already 19 had an ambulance in route to the scene. My next concern 20 was was there anyone else in the house. 21 Q Let me stop you for a second. You say that after 22 you made the statement that you got a pulse that the 23 defendant came over to you? 24 A Yes, he did. 25 Q And where was he in relation to you and to the body DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
124 1 of the victim? 2 A Okay. The house is a house that's set up -- we were 3 at the north end of the kitchen. The body was -- the head 4 of the body was to the north. I would have been on the 5 west side of the body in a crouching position. Mr. Allen 6 came to the east side of the body. He also got down in a 7 crouching position as I made my statement. 8 Q Now, what do you mean by crouching? 9 A Down on his haunches as I was. I was on both feet 10 but I was on my haunches. 11 Q Where was Officer Grayson at that time? 12 A He was standing back in the sink area where him and 13 Mr. Allen had been when I came into the kitchen. 14 Q I believe when he came over there to you and crouched 15 down by the body you said something? 16 A Pardon? 17 Q When he came over to you after your statement and 18 crouched down by the body he said something? 19 A He said you have a pulse as in a question. I said 20 yes. 21 Q And you responded to that? 22 A Yes, I did. 23 Q Did he say anything else at that time? 24 A I had no other conversation with him at that time. 25 Q Did you have any problem understanding what he was DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
125 1 saying at that time? 2 A No. 3 Q Did he do anything else other than make that 4 statement? 5 A No. 6 Q What happened then in regard to Mr. Allen? What did 7 he do? 8 A Mr. Allen was crouched down on the floor, like I say, 9 on his haunches also on both feet. I noticed at this time 10 as Mr. Allen was down along side the body that he had 11 gotten into some of the blood in the pool of blood around 12 the body, and as he stood up and walked away he began 13 leaving tracks on the floor. Looking around at the tracks 14 on the floor -- keeping in mind that at this time I still 15 do not know if I have anybody else in the house. I looked 16 down at the blood and the tracks that he was leaving and 17 noticed at that time there that the tracks that were being 18 left on the floor were the only tracks. They were all the 19 same. I had no other different tracks than the tracks 20 that were being laid down by Mr. Allen. There were 21 several other tracks, but they all matched. 22 Q When he left you there, where did he go? 23 A Okay. He went back, stepped back to the south of me, 24 and there was a bar and he walked along side the bar away 25 from me to the east. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
126 1 Q I think that's where I interrupted you. You said 2 something about fire and the ambulance and you were going 3 to do something else. 4 A Okay. At that point my next concern was, after I had 5 checked the body and I knew that there was emergency care 6 coming for Mrs. Allen or the victim, I immediately wanted 7 to go to the rest of the house to search the house to make 8 sure that I didn't have anybody else in the house because 9 at this point I had not had conversation with Mr. Allen or 10 the officer. I did not know if there were any other 11 victims in the house, let alone a suspect. My concern was 12 that I wanted to find out if we had a suspect or any 13 victims in the house. 14 Q So what did you do then? 15 A Okay. I turned around. There's a hallway there, and 16 I checked the bedrooms, the hallway and a living area and 17 assured myself that there was nobody else in the house, 18 victims or suspect. 19 Q What did you do next? 20 A I walked around -- there's a little island in the 21 kitchen area. There's a petition where you have three 22 doorways. And I walked down the hall to the north after I 23 checked the bedrooms, and walked around into the den area. 24 Now, the den area is directly north of the kitchen. That 25 room, the doorway is in conjunction with the kitchen. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
127 1 As I crossed the doorway of the kitchen, I 2 looked back and I saw Officer Grayson and Mr. Allen and 3 the body was down on the floor next to me. And I looked 4 at Mr. Allen and I says, did you see the suspect, and he 5 said, yes, I did. He went out that door right there. And 6 I says, can you give me a description, and he said, no, I 7 can't. And I said, can you tell me if he was black or 8 white, and he said, no, I can't. So I went to the door 9 that he had pointed to and it was a wooden door with half 10 glass in the middle of it. One of the panes was broken 11 out and the door was standing open about 12 inches. I 12 looked at the storm door. The storm door was closed. 13 With the back of my hand I hit the latch of the storm door 14 to see if the storm door was locked or not. 15 Q Now, two questions. One, why did you check the storm 16 door, and two, why did you use the back of your hand? 17 A Two reasons. The one reason I checked the door was I 18 was just told that somebody had just exited that door and 19 I wanted to see if that door was unlocked, which it 20 wasn't, it was locked. And I tapped it with the back of 21 my hand thinking that if we had any fingerprints on it I 22 wasn't going to leave any prints on it and create any 23 problems for the detectives when they came in. 24 Q After you made those observations about the door, 25 what did you do then? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
128 1 A Well, I came back around traveling back west across 2 the den, around the outside of the kitchen. Take into 3 consideration that we're talking about a four foot doorway 4 between this den and the kitchen, but I had a body in the 5 doorway and four foot of blood around it. I didn't want 6 to track through what was on the floor. So I went back 7 around into the kitchen area and went and walked up to Mr. 8 Allen and Officer Grayson. Upon approaching Mr. Allen and 9 Officer Grayson, at this time as I was about to speak to 10 them the emergency crews came in, fire department and 11 ambulance people. And they began to attend to Mrs. Allen. 12 I walked over to Mr. Allen and wanted to 13 calm him and to take him out of the conditions that we 14 were in. I put my arm around his shoulder and I said why 15 don't we go outside. These people here can handle the 16 job. And I put my arm around his shoulder. Mr. Allen was 17 covered in blood. He had blood on his arms and all over 18 his shirt and his shoes. 19 I put my arm around his shoulder and in an 20 effort to turn him around and when I did I found that he 21 was totally soaken soaken wet. His shirt was just totally 22 soaked. And I kind of forced him into a circle and I says 23 let's go outside, and he said okay. And we walked 24 outside. I believe Officer Grayson followed us to the 25 outside, and when I say we went to the outside we exited DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
129 1 the same way that I came in, of f the utility room to the 2 west out the garage door and out to the driveway. 3 Once out into the driveway I asked Mr. 4 Allen, can you tell me What happened. He said to me that 5 as he was pulling up into the driveway he saw someone run 6 from the corner of the house, which would be the southeast 7 corner of the house, to the north. And I asked again 8 could he describe this person to me. I said -- pardon me. 9 He said, no, I couldn't. It was too dark when my lights 10 hit on him and I couldn't give you a description. 11 Q Now, Lieutenant, as you talked with him there and you 12 asked him these questions, did he appear to understand 13 your questions? 14 A Yes. 15 Q Did he respond to your questions? 16 A Yes, he did. 17 Q Did you have to repeat those questions? 18 A No. We did not have a great deal of conversations. 19 It was my simple question of what occurred and his short 20 explanation as to the person running of f. There was not a 21 great deal of conversation, but I might add at this point 22 that I had no emotions coming from Mr. Allen. 23 Q What do you mean by that? 24 A Well, I didn't have any tears, no shakes, no loss of 25 control. He was a person without emotion. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
130 1 Q What did you do then? 2 A I advised Officer Grayson that this was his call, 3 that he was to take the report on it and I wanted the 4 scene secured and that I did not want anybody coming to 5 going from the scene; that we had other officers in the 6 area and I was going to join them in a search for this 7 subject that supposedly went to the north off the driveway 8 as Mr. Allen pulled in. 9 Q And did you do that? 10 A I did. 11 Q What did you do then? 12 A I went -- I followed a path over the patio in the 13 direction that Mr. Allen had pointed that the suspect that 14 he explained to me had run off as he pulled into the 15 driveway ran. And across the patio I made a quick look 16 for blood or anything, but I didn't check the whole patio. 17 I was more concerned that I might run across the 18 individual. 19 Q Lieutenant, now, this is at what time? 20 A You want me to put a time on this? 21 Q Approximate time. 22 A Well, I think the call went down at ten or 10:05. 23 We're probably talking 15 minutes. 24 Q Light or dark. 25 A It was dark. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
131 1 Q So how were you able to make these observations of 2 the patio area and things that you were doing? 3 A Well, I carry a flashlight. 4 Q So you were using a flashlight? 5 A Yes, I was. 6 Q Tell us what, if any, observations you made of that 7 area. 8 A I found nothing on the patio. I went to the north, 9 and directly north of the Allen residence is a house with 10 a high privacy fence. I would say this privacy fence is 11 maybe seven or eight feet tall. It was obvious that 12 nobody could clear that fence, so I went to the fence to 13 the east and in the corner where a four foot hurricane 14 fence meets this seven or eight foot privacy fence I did 15 find an area that had, at some time or another, somebody 16 had gone over the fence. 17 Q Now, where in relation to the Allen yard would this 18 be? What corner? 19 A It would be the northeast corner. 20 Q Okay. And what did you observe at that location? 21 A I found a fence with a top bend over on it. I found 22 traveled ground with the grass tore up. It had been used 23 more than just one time. I found, below the fence on the 24 property belonging to the Allens, a plant that had long 25 narrow leaves, similar to like a Mother-in-laws Tongue or DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
132 1 an Iris or something like that. And I found three broken 2 leaves laying on the ground on the west side of the fence. 3 I found two broken leaves on the east side of the fence. 4 We're talking approximately that long and about that wide 5 that come to a point. 6 Q And, for the record, give me some numbers there. 7 A Approximately maybe 12 inches long and a inch and a 8 half wide and very narrow in thickness. 9 Q And so you're at this corner with the privacy fence 10 and the chain link fence making these observations, is 11 that right? 12 A Yes, I am. 13 Q Did you hop the fence then and go into this other 14 backyard and check it out? 15 A No. As I came up to the corner of the fence the 16 Eastmans, who owns the property over there, their dog met 17 me at the fence and wasn't about to let me come over. 18 Q Now, what do you mean by that? 19 A The dog appeared to be vicious. He was barking and 20 growling and not wanting my - 21 Q What did you do then? 22 A Officer Tony Benton came up as I was knelt down 23 checking this plant out, and as I was looking at it I 24 believe it was Tony that brought to my attention that 25 he says, take a look at these leaves on this plant. And so DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
133 1 he picked one up and he showed it to me. And the plant 2 has a surface that has a powdery coating. It's a very, 3 very fine powder, apparently something that this plant -- 4 well, I'm not knowledgeable in plants, but I had a surface 5 on it that was powdery; and it was obvious by looking at 6 it that these plants had been snapped off at the base, but 7 there were marks on the plants that gave an appearance 8 that somebody had handled them with their hands. I could 9 find prints on them that appeared like thumb and 10 fingerprints, and it was on each of the leaves that were 11 down there with three leaves, like I say, on the west side 12 of the fence and two on the east side. I never did check 13 the two on the east side because of the dog. 14 Q What did you do then? 15 A Well, we left them laying for right then, and I went 16 around. We checked that residence to the north -- 17 Q Excuse me. When you say we, who to you mean? 18 A Officer Benton and myself. 19 Q You went where? 20 A Went to check the house to the north of the Allen's. 21 We also checked the house to the east of the Allen's. At 22 that time both the houses were -- the residents were not 23 at home. 24 Q Now, in regard to the house to the north, did you 25 find anything out of the way? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
134 1 A No, I did not. 2 Q And in regard to the house to the east -- 3 A All right. It would be directly east of the Allen's. 4 It was also -- the people were not at home, but I could 5 not find anybody in the yard or anything disturbed in that 6 area. 7 Q And what did you check in that area? 8 A I checked the yard. There's a shed out back. I 9 checked in the shed and I checked in all the windows. I 10 checked the doors to see if anybody forced their way in to 11 the house as sanctity. Same thing with the house to 12 the north. And I could find nowhere where either house 13 had been disturbed. 14 Q Now, this shed, this was in the backyard of the house 15 to the east? 16 A Yes. 17 Q Did you actually go in there? 18 A Yes, I checked it. 19 Q And why did you do that? 20 A Just to make sure there was nobody in the shed. 21 Q Did you find anyone? 22 A No. 23 Q What did you do after that? 24 A I left the area. I went around the house on the 25 corner and went over to the Eastmans. Now, this is the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
135 1 house with the dog in the yard. I contacted Allen Eastman 2 and told Allen what -- the problems that we had had at 3 this house over here, that we were looking for an 4 individual and that I needed to get into his backyard and 5 it didn't appear his dog was going to allow me in. He 6 said fine, give me a chance to put the dog up, he says, 7 because I think the dog would bite if you went in the 8 yard. He put the dog up and we checked the whole area of 9 the yard and I could not find anything disturbed out there 10 out of the usual. 11 Q And what type things were you looking for Lieutenant? 12 A Anything that a person might have dropped, anything 13 that a person might have tore up scrambling to get out of 14 that area. Anything out of the usual or an individual. 15 Q Did you find anything at all? 16 A No, I did not. 17 Q Where did you go from there and what did you do? 18 A Well, I continued east and I started beating the 19 woods and tall grass to the east of all the property and 20 began knocking on doors as did other officers in the area, 21 going through cars and boats and campers and anything that 22 we felt might conceal an individual. 23 Q Now, where in relation to the Allen household would 24 you have been making this search that you're engaged in 25 now? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
136 1 A I went to the east and to the north. 2 Q And why did you go in this direction? 3 A Because this is the direction that it was pointed out 4 to me by Mr. Allen that a subject apparently had run off 5 to. 6 Q Now, I believe you said that you got into some grass? 7 A Yes, I did. 8 Q How tall was this grass? 9 A Approximately a foot to two feet. 10 Q And what, if any, observations did you make about 11 that grass? 12 A Well, I don't believe it was wet that night. This 13 has been brought up to me before in the preliminary 14 hearing, and I cannot remember coming back wet for as many 15 -- I can't say hours, but as much time as I spent out 16 beating these fields looking for an individual I did not 17 come back soaking wet. 18 Q How long would you say y6u were out there? 19 A I was probably out there a good 45 minutes to an 20 hour. 21 Q And when you went through the grass did you do 22 anything to the grass? 23 A I laid it down and divided it as you would trampling 24 through tall grass. I could find nothing that anyone else 25 had done either. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
137 1 Q So after you spent this time in the area north and 2 east of the Allen home, what did you do then? 3 A I went back to the scene and contacted -- at this 4 time Detective Mason had arrived, Captain Evans had 5 arrived and another captain had been out there. Two or 6 three officers, myself and Captain Evans secured the scene 7 with tape keeping individuals from going on the property 8 during the investigation. 9 Q What do you mean you secured the property with tape? 10 A All right. We have a police line tape. Probably you 11 all have seen it in movies that's about that wide that 12 says police line, do not cross; and we put it around the 13 whole parameter of the property to keep individuals from 14 crossing over. 15 Q Now, at some point, and I didn't follow up on it, but 16 you said you and Officer Benton were checking these 17 houses. Did the two of you remain together as you were 18 doing your search? 19 A No. We spit up and went individuals ways to give us 20 more search pattern. 21 Q Do you know where he went? 22 A I believe he was south of the area that I was 23 checking. He would be -- if that is Lincoln Road there 24 that goes in front of the Allen's house, he would have 26 been directly east of that and worked his way east to - I DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
138 1 can't think of the name of that street behind it. 2 Q Now, other than yourself and Officer Benton, were 3 there any other officers out in the area searching? 4 A We had -- I'm sorry. I can't give you list. I could 5 probably obtain a list. But we had several reserve police 6 officers. Two or three of the officers off the shift and 7 we had volunteer officers, coming in periodically checking 8 and joining the search. 9 Q Now, after you and I believe you said Captain Evans 10 secured the parameter there of the Allen household, what 11 did you do then? 12 A I did not reenter the house after that. I stayed 13 away from the house. I assisted in the coordination of 14 additional searches that were going on, and at this point 15 I had left it to the investigators. 16 Q Now, you mentioned earlier that you backhanded the 17 storm door going on to the patio. Once you got outside, 18 did you have occasion to make any observations about that 19 doorway or anything in regard to that? 20 A Okay. As myself and Evans were taping off the house, 21 securing the outside of the house, I did go back to the 22 back storm door of that doorway that we're talking about 23 and rechecked and attempted to open the door and I could 24 not open it from the outside. 25 Q Why did you do that? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
139 1 A I still was concerned about the story of a person 2 exiting that door and why he would lock it behind him if 3 he went through it. 4 Q Tell us what you did in regard to trying to open the 5 door. 6 A I just tried the handle on it and pulled on it. 7 Q And were you successful? 8 A No, I wasn't. 9 Q Now, in regard to these plant leaves that you brought 10 up, that you found there by the fence, do you recall what 11 I'm talking about? 12 A Yes. 13 Q Did you call those to anyone's attention? 14 A I brought it to Detective Mason's attention. Also, 15 as I was down there with Officer Benton -- I had 16 difficulty believing how two of these leaves had wound up 17 on the other side of the fence. Scrambling over the fence 18 the only thing that you could have done was flatten the 19 plant. I can't see how you could have broken all of these 20 branches or leaves off the plant and drug them over the 21 fence with you. 22 I attempted to snap one of them off. They 23 did break of f fairly easy, but I -- at that point I did 24 not feel that these leaves were drug over by anybody 25 fleeing over the fence and I felt like somebody had tossed DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
140 1 them over. 2 Q Now, Lieutenant Davis, after you had the conversation 3 there outside the home with the defendant, did you have 4 any further contact with him that night? 5 A No, I did not. 6 MR. CORGAN: I believe that's all. 7 --------------------------------------------------------- 8 CROSS-EXAMINATION 9 BY MR. CARLSON: 10 Q Mr. Davis, let's talk for just a minute. You've had a 11 chance to review your report in regard to this particular 12 matter, have you not? 13 A Yes, I did. You mailed me one. 14 Q I'm sorry. 15 A The one you mailed me. 16 Q Okay. And let me ask you, on page two of your report 17 do you recall writing down this particular statement? The 18 reporting officer, and that would be yourself, would it 19 not? 20 A Yes, it would. 21 Q Designated as R slash 0? 22 A Yes. 23 Q And I want to hand you a copy of your report so I 24 won't have you at a disadvantage. 25 A Okay. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
141 1 Q On page two there in the middle where you say, 2 reporting officer observed the reporting party Allen to be 3 very shaken from the experience. Do you see those words? 4 A Yes. 5 Q And by very shaken you mean that Steve Allen was 6 upset, didn't you, sir? 7 A No, he wasn't upset. I wouldn't say he was upset. 8 Q What do you mean by shaken? Don't you mean that he 9 was having problems? 10 A Well, I don't know what Mr. Allen acts like when he's 11 normal, but I know that at the time, yes, I'm sure he was 12 very concerned that his wife was on the floor, but he was 13 not losing control of himself, no. Just in shock is what 14 I felt like. Now -- 15 Q I'm sorry. 16 A That's all. 17 Q All right. And if Officer Grayson was to say that 18 Steve was coherent, incoherent and babbling at certain 19 points, you wouldn't disagree with that, would you, sir? 20 A I did not hear him babbling. 21 Q But would you disagree with Officer Grayson if he 22 said he heard him babble at certain points? You wouldn't 23 disagree with him. 24 A I would not disagree with him, no. 25 Q Now, didn't you admit that at certain points Steve DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
142 1 appeared to be in a daze, didn't he? 2 A Yes, I did say that. 3 Q All right. And he appeared to be shocked at certain 4 points? 5 A Yes. 6 Q So he wasn't just acting normally there at that 7 house, was he, sir? 8 A He was not acting in a manner which I think a person 9 should have acted if they found their blood or their-wife 10 on the floor in the condition she was in. 11 Q Well, let me ask you, sir, it's pretty hard for any 12 of us to really tell, isn't it, from your experience, how 13 someone's going to react in a situation like that, isn't 14 that true? 15 A It's possible, yes. 16 Q I'm sorry. 17 A Yes. 18 Q All right. Now, you would agree with me from reading 19 your report and looking at your report that it's an 20 assumption on your part that Steve ever said that he saw 21 him run out the door. Isn't that correct, sir? 22 A I asked him if he saw the suspect and he said, yes, 23 he ran out that door and pointed towards that door. 24 Q All right. But there's never any words used in your 25 report that -- where you say Steve says he saw him run out DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
143 1 that door. That's not in your report, is it, sir, the 2 words, I saw him run out that door? 3 A Can I look to see where that part was? 4 Q Yes, you can. It's on page two, I think. I'm sorry. 5 It's on page one at the bottom. 6 A Okay. At the bottom. Okay. According to my report 7 he stated, yes, he ran out that door in that room. 8 Q All right. But wouldn't you agree with me, sir, that 9 at that point in time Steve Allen knew there was a door 10 ajar. He knew that, didn't he? 11 A Yes, I believe he did. 12 Q All right. Steve Allen knew that there was signs of 13 a struggle in his house, there was a broken television. 14 He knew that, didn't he? 15 A I might say that I don't know if he had been in that 16 room. There was a short period of time between the time 17 that they entered the house and I entered the house. When 18 I entered the house Officer Grayson and Mr. Allen were 19 standing at the sink. I can't tell you if they passed 20 that body and went into that living room to see if that 21 door was standing open or not. I don't know. I do not 22 know that. 23 Q Well, if Steve knew that there was a door ajar and 24 knew there was a broken TV, wouldn't you agree with me, 25 sir, it's only reasonable for Steve to assume that if DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
144 1 somebody went out they went out that door? 2 MR. CORGAN: Excuse me. Now, that calls 3 for speculation on the part of the witness. 4 THE COURT: Sustained. 5 Q (By Mr. Carlson) Officer, you put down in quotes, 6 did you see the suspect, end of quotes. 7 A Correct. 8 Q And then your next quote is, yes, quotes around yes, 9 he ran out the door in that room, end of quotes. 10 A Correct. 1 Q All right. And you're trained, are you not, officer, 12 to put down and take down the exact words that somebody 13 tells you at the crime scene, are you not? 14 A I'm sure this is to the best of my knowledge at the 15 time of this report what he told me. 16 Q I'm sorry. 17 A I believe that this is to the best of my knowledge 18 what he told me at that time, yes. 19 Q And isn't it fair to say that you assumed that Steve 20 meant that he saw him when you testified that Steve said 21 he saw this person? You really assumed that. Isn't that 22 a fair statement, a fair characterization of your 23 testimony, officer? 24 A You're trying to make me say that I'm guessing that's 25 what he was meaning, and I'm not -- DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
145 1 Q No, I'm not saying -- 2 A The fact is he told me, yes, he ran out that door. 3 And at that time that's why I went to check that door. 4 felt a man ran out that door. 5 Q Well, Officer, I'm not quarreling with you about that 6 point. I don't mean to quarrel with you at all, but what 7 I'm saying is, isn't it a fair characterization that you 8 assumed in your own mind that when Steve said, yes, he ran 9 out that door, that you assumed that Steve meant he saw 10 him run out that door? 11 A I took it as a fact that they ran out that door. I 12 have an eye witness. 13 Q All right. But Steve never used those words, I saw 14 him run out the door. I saw him. 15 MR. CORGAN: It's been asked and answered. 16 THE COURT: Sustained. 17 Q (By Mr. Carlson) Those words are not in your 18 report, I saw? 19 MR. CORGAN: Your Honor, it's been asked 20 and answered. 21 THE COURT: He's answered it. 22 Q (By Mr. Carlson) Now, prior to entering the Allen 23 residence you noticed a styrofoam cup, did you not, 24 sitting on the blue automobile? 25 A Yes, yes. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
146 1 Q Let me hand you, sir, what's been marked as 2 Defendant's Exhibit No. 1. 3 A Okay. 4 Q And ask you if you recognize that? 5 A Yes, I do. 6 Q And what is that? 7 A This would be the driveway in the south side of the 8 Allen residence with what appears -- I believe are both 9 the family cars in the driveway. 10 Q All right. And is there a styrofoam cup in that 11 photograph? 12 A Yes. 13 Q All right. Where is it sitting? 14 A It's sitting in front of the driver's door of the 15 vehicle on the east side of the driveway. 16 Q Now, when you got there at the Allen residence there 17 were some books down, were there not, in the front room? 18 A Yes, there was. 19 Q And did you examine those particular books, sir? 20 A Well, I looked down at them. It was obvious to me 21 that they had come of f the shelf right above them. I -did 22 not look to see what type books they were. 23 Q All right. Did you notice anything on those books 24 when you looked at them, sir? 25 A No, I did not. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
147 1 MR. CARLSON: Your Honor, we'd move the 2 admission of Defendant's Exhibit No. 1. 3 MR. CORGAN: No objection. 4 THE COURT: Defendant 1 allowed. 5 Q (By Mr. Carlson) Now, you said you didn't notice 6 anything on those particular books? 7 A No, I did not. 8 Q Now, when you looked at the TV screen, you noticed a 9 small dot of blood on the TV screen, didn't you sir? 10 A Yes, I did. 11 Q And can you describe for us what the TV screen looked 12 like? 13 A It had a large hole in the middle and very little 14 glass left around the edge of it. The whole tube was 15 knocked in. 16 Q Now, when you observed Mrs. Allen she didn't have any 17 blood on the bottom of her feet, did she? 18 A No, she did not. 19 Q And she didn't have any shoes on, did she? 20 A No. 21 Q When you first came in and you noticed Mrs. Allen, 22 tell us what you noticed about her skirt. 23 A When I came in and approached the scene and looked at 24 the victim lying on the floor she was clothed in a light 25 blouse, black skirt. Her skirt was raised, her legs were DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
148 1 partially apart. 2 Q And, officer, which lights were on when you arrived 3 there? Do you recall? 4 A I believe all the kitchen lights were on. It was 5 very light in the kitchen. 6 Q There were no lights on in the family room? 7 A I cannot testify that there were. 8 Q Now, there was a pool of blood around Mrs. Allen, 9 isn't that correct? 10 A Correct, yeah. 11 Q All right. And the pool of blood was approximately, 12 what, a four foot pool of blood? 13 A Three or four foot, yes. 14 Q And this particular door, this patio door was 15 standing open, was it not? 16 A Yes. 17 Q And is this the patio door just off of the screen 18 door? 19 A Right. 20 Q Now, when you talked with Steve outside he related to 21 you that he had seen someone on the patio and they had ran 22 or had run in a northeast direction, is that correct? 23 A Correct. 24 Q And that is also consistent with what he had earlier 25 said, isn't that correct, to Officer Grayson? That he had DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 149
1 related to Officer Grayson that he had seen someone run on 2 the patio, isn't that correct? 3 A I don't think that I can testify what he said to 4 Officer Grayson. I really don't think I can. But, yes, 5 he did say he ran off in a northeasterly direction. 6 Q And Steve also said he could not give a description, 7 isn't that correct? 8 A Correct. 9 Q Now, at that point in time you would agree with me 10 that you were not particularly suspicious of Steve Allen, 11 were you, sir? 12 A No, I sure was not. 13 Q And Steve said that it was too dark outside, that he 14 couldn't give a description, isn't that correct? 15 A Correct. 16 Q Now, with regard to the chain link fence, you 17 observed that particular fence and you noticed, didn't you 18 sir, that there was a portion of that particular fence 19 that was sort of mashed down, wasn't there? 20 A It was, yes. 21 Q All right. And it looked like that that particular 22 fence, like someone may have mashed it down when they went 23 over it, didn't it, sir? 24 A Correct. 25 Q Now, you said that there were three leaves on the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
150 1 west side and two leaves on the east side, is that 2 correct? 3 A It is. 4 Q Did no one ever go get the two leaves on the east 5 side after the dog was put up? 6 A I never touched any of them. I left it to 7 Investigator Mason. I don't know what he gathered. Also, 8 I did not touch the ones on the west side. I checked 9 them, but I didn't remove them from the scene. 10 Q Now, you left no footprints on the way out there to 11 examine that particular corner, did you, sir? 12 A I don't know. I wasn't looking for mine. If you 13 tell me you think the ground was wet, I still don't 14 believe the ground was wet to where I leave prints. I 15 still don't think it was. I'm not sure though. 16 Q Okay. In your opinion you don't think there was any 17 dew that night, do you? 18 A Right. 19 Q I'm sorry? 20 A Correct. I don't think there was. If there was it 21 wasn't very heavy. 22 Q Now, you say that there was a fence to the north, a 23 high fence, is that correct? 24 A Correct. 25 Q But you can go around to the north of the house and DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
151 1 go west and there's nothing to stop you, isn't that 2 correct? 3 A Correct. 4 Q So would you agree with me, sir, that if somebody ran 5 north they could have gone over the fence where the plants 6 were that you saw and the fence was mashed down or they 7 could have broke back to the west and gone west also. 8 Isn't that true? 9 A Either way, sure. 10 Q Nothing to prevent it? 11 A No. 12 Q Now, you said that you saw, on this particular plant, 13 what appeared to you to be fingerprints, isn't that 14 correct? 15 A Yes. 16 Q All right. And you're familiar with fingerprints, 17 aren't you? 18 A Yes. 19 Q Because they leave ridges, do they not? 20 A Right. 21 Q All right. And these were plants that had like a 22 sort of a film on them, did they not? 23 A Correct. 24 Q And would you agree with me, sir, that that 25 particular print wouldn't stay there very long on that DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
152 1 kind of a plant because little film on top of it 2 wouldn't stay there all that long. You agree with that. 3 A Well, that I can't say. I really don't know. I 4 don't know if the next day if we picked them up if that 5 film would be on them or not. It -- I don't know that 6 much about plants. 7 Q Do you know what kind of plants they were? 8 A I have no idea. I figured you all probably figured 9 that out. 10 Q Did you touch any of those plants to check them. 11 A Yes, I did. I snapped one off and I also checked it 12 to see if my handling them would remove that residue from 13 the plant, which it did, and they also just popped 14 off extremely easy. 15 Q And when you handled those plants with the residue, 16 you would leave a print, wouldn't you? 17 A Yes. 18 Q But by the same proportion that residue would come 19 off? 20 A It would, yes. 21 Q Now - 22 A You could have wiped the leaf totally clean if you 23 wanted to. That stuff would come off. 24 Q Now, you said that you got up next to Mrs. Allen and 25 you checked her pulse, was that correct? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
153 1 A I did. 2 Q And you said this pool of blood was what, 3 approximately four foot? 4 A About four foot. 5 Q All right. But yet you didn't leave any prints, did 6 you? 7 A No. 8 Q And there was also what I'll call a blood spatter 9 there on the floor, was there not? 10 A There was. 11 Q And you actually would have gotten in that blood 12 spatter, the edge of it, to have checked her pulse, would 13 you not? 14 A Yes, sir. 15 Q But yet you didn't leave any prints. 16 A You went with me out there and checked. You could 17 see there weren't any prints where I had stepped. 18 Q We established that, did we not? 19 A Right. 20 Q So it is possible to get in that blood spatter but 21 not leave prints, isn't that correct? 22 A Correct. 23 Q And by prints we mean footprints. 24 A Footprints. 25 Q Now, with regard to the screen door, I want to ask DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
154 1 you a few questions about the screen door. Let's 2 characterize it. It's one of these metal frame screen 3 doors, is it not? 4 A A storm door. 5 Q A storm door that has a little metal frame around it, 6 doesn't it? 7 A Correct. 8 Q Where the little latch just goes past the frame? 9 A Right. 10 Q Let me ask you, sir, you never took hold of the 11 screen door and jerked on it though, did you? 12 A When I went around to the outside I turned the handle 13 and jerked on it while we were taping off the parameter of 14 the house. 15 Q Would you agree with me from your experience that 16 it's not all that difficult to jerk one of those doors 17 open? 18 A Shouldn't be. 19 Q I'm sorry? 20 A No. 21 Q It shouldn't be? 22 A No. 23 Q In other words, you could jerk it open? 24 A Yes. 25 Q And if I were in intruder, from your experience on DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
155 1 the police force for nearly 20 years, if I were an 2 intruder I could walk up to that door lock and jerk it 3 open? 4 MR. CORGAN Judge, that calls for 5 speculation on the part of the witness. 6 MR. CARLSON: I'm just touching on the 7 locked screen door, Your Honor. 8 THE COURT: Do you understand the context 9 of his question? 10 THE WITNESS: No. Let's start over again. 11 MR. CARLSON: I'll try to rephrase it. 12 Q (By Mr. Carlson) From your experience as a police 13 officer, on those metal screen doors, if it's locked you 14 would agree with me, would you not, that you can walk up, 15 if you're an intruder, and give it a good jerk and you can 16 pop it open. You agree with that, don't you? 17 A No. 18 Q You don't? 19 A Not if it's locked. I don't know. There's some of 20 them you probably couldn't go through unless you used your 21 shoulder. You know, I can't say. You know, that's 22 some might be easy, some might be difficult. Depends on 23 how they're put together. 24 Q But you agree with me there are some of them you 25 could do that? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
156 1 A This was a pretty stout door. I couldn't open it 2 from the outside. 3 Q Did you ever become aware of any officers there at 4 the scene coming and making a report to other officers 5 that the door could be pulled open? 6 A No. 7 Q Did you ever talk with Mr. Gardella? 8 A No. 9 Q Mr. Gardella was out there that night, wasn't he? 10 A I can't tell you that either. When Officer or 11 Detective Mason showed up I released it all to him. I 12 don't have anything to do with investigations once those 13 people get on the site. 14 Q Now, you advised Mr. Grayson that he would be the one 15 who was to secure the scene, isn't that correct? 16 A Right. 17 Q And when you use the term secure the scene, you mean 18 that he shouldn't let anybody Into the area other than 19 somebody that needed to be in there, didn't you? 20 A Right. 21 Q Would you agree with me, sir, that there were a lot 22 of people into that scene that night? 23 A There was. 24 Q All right. And would you agree with me, sir, that 25 there were too many people into that scene that night? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
157 1 A I listed somewhere in my report, I believe, all the 2 people that were on the scene that night. I believe at 3 the beginning of the incident where I became involved we 4 had six or eight fire people and emergency people on the 5 scene. I can't control that. That's something we have to 6 put up with. As far as officers on the scene, there were 7 high ranking people that probably couldn't have been kept 8 off the scene. 9 Q All right. And, officer, that's a polite way of 10 saying that, you know, if you're an officer and you're a 11 patrolman and a bunch of people come there who outrank 12 you, although maybe they shouldn't be in the scene, they 13 go right by you, isn't that correct? 14 A Correct. 15 Q And we know from police procedures and we know from 16 police academies that the fewer people that you have in a 17 crime scene the better, isn't that correct? 18 A That's correct. 19 Q And the reason that we know that is because when you 20 have people in a crime scene and you have them walking 21 around in there and you have them looking and you have 22 them picking up things, that evidence gets destroyed, 23 isn't that correct? 24 A That's correct. 25 Q I'm sorry? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
158 1 A Correct. 2 Q Now, these people that were in the scene, some of 3 them got in the blood, did they not? 4 A Emergency people, yes. 5 Q Both the fire people and the ambulance people? 6 A Correct. 7 Q Now, anyone -- it's a fair statement, would you agree 8 with me, sir, anyone that ran across Steve's yard that 9 night, since we've established there was no dew or if 10 there was it was very, very little dew, would not have 11 left footprints. You agree with that, don't you? 12 A Yeah. I don't think there would have been anything 13 that obvious for me to see looking for footprints in that 14 yard. Because we could have tracked them down if that was 15 the case. 16 Q As a matter of fact, no one called to your attention 17 your footprints, did they? 18 A No. 19 Q Because, you know, that would be the first thing that 20 would jump out is if you had footprints there some officer 21 coming behind you would say look here, footprints. 22 A Right. 23 Q And you'd say, no, those are mine. 24 A Right. Yes. 25 Q But those weren't there. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
159 1 A No, I do not believe that there was heavy dew where 2 you leave prints. 3 Q Now, let me refer you to page three of your report, 4 if you would, sir. And I want to start up about five 5 lines where you begin the sentence, upon investigating. 6 Do you find that, sir? 7 A Uh-huh. Yes. 8 Q And would you read that for us please, sir? 9 A Upon investigating the area outside the residence 10 reporting officer found northeast corner of the yard where 11 two fences meet a plant, possibly an Iris plant, that had 12 been trampled with three foot long leaves broken off on 13 the inside of the yard and two leaves on the other side of 14 the fence. Chain link fence was bent over the top as if 15 it had been stepped on. This was brought to Detective 16 Mason's attention. 17 Q You used the word in your report, sir, that it had 18 been trampled. Do you see that word? 19 A Yes. I see it. 20 Q All right. And as you looked at those leaves that 21 night, as you and Mr. Benton looked at those leaves, you 22 evidently formed an opinion that they had been trampled, 23 isn't that correct? 24 A That was my first opinion. 25 Q All right. And what we mean by trampled is that DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
160 1 somebody stepped on them or stepped in them. Fair 2 statement? 3 A Yes. 4 Q Would you agree with me, sir, that would be 5 consistent with somebody running either into the fence or 6 running into those plants and going over the fence? 7 A Being trampled? 8 Q Yes. 9 A Yes. 10 0 I'm sorry? 11 A Yes. 12 Q Now, I want to hand you what I've marked Defendant's 13 Exhibit No. 2. And ask you if you recognize that 14 photograph? 15 A I do. It would be the southeast corner of the Allen 16 residence. 17 Q Okay. Specifically with regard to the crime scene 18 tape, did you help put up the crime scene tape? 19 A Yes, I did. 20 Q And who else helped you? 21 A Captain John Evans. 22 Q But isn't it a fact that the crime scene tape did not 23 take in this corner of the yard where the fence was mashed 24 down and you found these plants? 25 A Correct. It did not. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
161 1 Q That was not included within the crime scene? 2 A No. 3 Q Wouldn't you agree with me, officer, that it should 4 have been included within the secured area until it was 5 properly investigated? Wouldn't you agree with that? 6 A Yes, it could have been. Yes. 7 MR. CARLSON: We would move the admission 8 of Defendant's Exhibit 2, Your Honor. 9 MR. CORGAN: No objection. 10 THE COURT: Defendant 2 allowed. 11 MR. CARLSON: Bear with me just a moment, 12 Your Honor. Your Honor, we'd ask permission to publish 13 Defendant's Exhibit 1 and 2 to the jury. 14 THE COURT: Go ahead. 15 MR. CARLSON: Thank you, Your Honor, we 16 have nothing further. Thank you. 17 THE COURT: Redirect? 18 MR. CORGAN: Yea, Your Honor. I'd like to 19 wait until the jury has an opportunity to review the 20 exhibits. Proceed, Your Honor? 21 THE COURT: Yes. Go ahead with redirect. 22 ----------------------------------------------------------------------- 23 REDIRECT EXAMINATION 24 BY MR. CORGAN: 25 Q Lieutenant Davis, I believe you said on DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
162 1 cross-examination that something about the way the 2 defendant acted you wouldn't expect with his wife in a 3 pool of blood. Did you say something like that? 4 A Yes, I did. 5 Q What did you mean by that? 6 A I felt that a person who had just been -- who had 7 just witnessed his wife lying on the floor in a pool of 8 blood, being taken to the hospital and not knowing if 9 she's going to live or not, would be as unemotional as Mr. 10 Allen was. 11 Q And how did he evidence that lack of emotion to you? 12 MR. CARLSON: Objection. I think it's 13 improper redirect. 14 THE COURT: Overruled. Go ahead. 15 A I felt that possibly I would see some sort of shaking 16 or tears or some sort of crying or carrying on or being 17 upset, something, and I didn't have any type of emotion. 18 It was just a dull appearance. 19 Q Now, let's go back to this northeast corner of the 20 house where the plants were. I believe you said you could 21 go to that corner and then head west along that privacy 22 fence. That would be a way of escape? 23 A Yes. You could have gone around to the west of the 24 house. To the north and back to the west would have taken 25 you out to the street and there's no barrier, no fence or DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
163 1 anything. 2 Q It would take you out to the road? 3 A Yes, it would. 4 Q And then if you continued west, where would you go? 5 A You'd have gone over a street into other yards. 6 Q So are there other houses in that area? 7 A Yes, there are. 8 Q What if you went out to the street and headed north, 9 where would you go? 10 A You got a clear run to Nowata Road or Highway 75 11 either way. 12 Q And is there anything along there? 13 A Just houses on both sides of the street. 14 Q I believe you mentioned that you observed in this 15 northeast corner of the house area where the fence is a 16 path? 17 A The grass is worn. It appeared that there had been 18 an area used up to the fence. 19 Q Where did that go? 20 A It run west along the fence on the north side. The 21 house at the north edge of the seven or eight foot privacy 22 fence, the path ran along parallel with it. 23 Q And where did it end? 24 A Well, it just kind of disappeared. Worn grass that 25 faded out. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
164 1 Q Now, your observations of the fence area there and 2 the plants, would that also be consistent with the small 3 children going over and back and forth across the fence 4 and playing in that area? 5 A It could be. Yes, it could. 6 MR. CORGAN: I believe that's all. 7 --------------------------------------------------------- 8 RECROSS-EXAMINATION 9 BY MR. CARLSON: 10 Q Sir, you tell us that you have no type of emotion in 11 Steve Allen, yet you write down in your report Steve 12 appeared to be very shaken from the experience. 13 A Shaken, correct. Shaken, but no emotion. He just 14 was stunned. 15 Q Stunned? 16 A Stunned. 17 Q Wouldn't you agree with me that none of us know how 18 we'd react in a situation like that, isn't that correct? 19 A That's correct. I can't say. 20 MR. CARLSON: That's all we have, Your 21 Honor. 22 THE COURT: All right. Thank you, officer. 23 Step down. All right. If the spectators would remain 24 seated, please, while the jury retires for the evening. 25 And please, again, don't discuss the case overnight. Be DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
165 1 particularly careful about that now. Spectators remain 2 seated please while the jury retires. See you at nine 3 o'clock in the morning. Recess until nine o'clock. 4 (THE EVENING RECESS WAS HAD. THE 5 PROCEEDINGS HELD ON 7-23-91 ARE CONTAINED 6 IN A SEPARATE VOLUME. THE FOLLOWING 7 PROCEEDINGS WERE HAD ON 7-24-91.) 8 THE COURT: All right. Show that the 9 ladies and gentlemen of the jury are back present in the 10 box. Let me take care of one housekeeping item. And I'm 11 telling you this instruction after conferring with the 12 lawyers, the district attorney and counsel for the 13 defendant as well. 14 It's come up both in regard to the phone 15 call that witness Herring made Mr. Carlson that was 16 testified as being tape recorded, and it's come up as the 17 interview with I believe Detective Gardella with the 18 defendant that was tape recorded without his knowledge as 19 well. And both sides have agreed and the court is telling 20 you so that you'll know this now rather than at the end of 21 the trial, that that is permissible. There's nothing 22 illegal or improper about the tape recording that either 23 of those parties did or if anyone else does since it was 24 with the consent of the party who was doing the taping, 25 which is all that is required in Oklahoma. So that should DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT,
166 1 not be held against either side because the act was not 2 illegal and not improper, so that you know that now. 3 State may call its next witness. 4 MR. CORGAN: Your Honor, state would call 5 as its next witness Dennis Franchini. 6 ------------------------------------------------------
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