9 WESTON DALE LARSEN 10 after having been duly sworn to tell the truth, the whole 11 truth, and nothing but the truth, testified as follows: 12 DIRECT EXAMINATION 13 THE COURT: Please continue. 14 BY MR. CORGAN: 15 Q State your name, please, sir. 16 A Weston Dale Larsen. 17 Q Mr. Larsen, where do you live? 18 A XXXX Jefferson Road. 19 Q Could you tell us, sir, if you're related to a 20 Barbara Larsen? 21 A Yes. I'm her husband. 22 Q How long have you lived there on Jefferson Road? 23 A Since early 1978 or '79. I can't remember. 24 Q Could you tell us, sir, what you were doing, your 25 activities the evening of June the 11th, 1990? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
135 1 A Yes. That evening, I worked in the yard; and then 2 about 8:30, I went to our church, which is located on Swan 3 Drive, to do some yard work in the yard there. 4 When we were leaving, we noticed the Nowotnys 5 and the Herrings were out in their yard, which is across 6 the street from the Allen home. They were sitting and 7 visiting in the yard. I remember waving at them. 8 We did the yard work at the church; and on 9 returning, we needed some gasoline in the truck. 10 And we stopped at the Phillips station on the 11 corner of Washington and Nowata Road and purchased some 12 gasoline. 13 Q How did you purchase that? Did you 14 A I used my credit card in the automatic card reader at 15 the pump. 16 Q And did you get a receipt as a result of that? 17 A Yes, I did. 18 Q And does that receipt show the time? 19 A Yes, it does. 20 Q Do you recall what the time was that you were there 21 at the station? 22 A 9:36. 23 Q After you purchased your gas, what did you do then? 24 A We came on home. 25 Q What happened when you arrived at home? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
136 1 A And when we got -- we arrived at home, our other 2 vehicle, which was in the drive, was sitting out; and I 3 got in that car and pulled it in the garage. 4 Q What time would you say then you arrived at home? 5 A Oh, probably between 9:38 and 9:40. 6 Q When you arrived back at home, did you notice 7 anything about the Allen home? 8 A No, I did not. We, we turned the corner. I looked 9 over into the neighbor to see if they were still sitting 10 in the yard. 11 And it was still light enough at that point that 12 could see the chairs, and they were empty. 13 Q Are you referring to the Herrings and the Nowotnys? 14 A That's correct. 15 Q Okay. What else did you observe as you pulled in? 16 A We observed nothing out of the ordinary? 17 Q Did you have to have your lights on at that time? 18 A Yes, we did. 19 Q And could you describe for us what your light would 20 do as you make that turn from Jefferson Road onto Lincoln 21 Place? 22 A First, they sweep our house; and then they'd point 23 down Lincoln Place and illuminate the drive there. And 24 then we pull into our drive. 25 Q As you did that, did you notice anything unusual or DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
137 1 of the way? 2 A No, I did not. 3 Q After you put the -- what type car did you put up? 4 A A Honda Accord. 5 Q After you put the Honda up, what, if anything, did 6 you do? 7 A I may have went in the house for a very short time; 8 and then I went into the backyard. I was setting our 9 watering system. 10 We were getting ready to go on vacation the 11 next -- on that Wednesday after that Monday. 12 And I think I had the water running, and I was 13 making sure that I had it set up for my boy to look after 14 it while we were gone. 15 And I was watering it down on the south side of 16 my yard, which is next to the Vaclaws. The Vaclaw house 17 lays just south of where we are. 18 And I noticed at that point that the Vaclaw 19 children were - some children swimming in their 20 swimming pool, which was unusual for that time of night. 21 They generally didn't have the children swimming 22 at around ten o'clock at night. And so I noticed that. I 23 did my work in the yard. 24 And then on turning, I'm walking back to the - 25 facing the north. And I'm looking over my fence into the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
138 1 Allen backyard at that point. 2 Q You notice anything unusual or out of the way there? 3 A No, I did not. And at that point, I also -- the dog, 4 I have a black Labrador dog with me, and he seemed very 5 content. He wasn't barking or doing anything. 6 Q Did your dog ever alert or get upset while you were 7 out there? 8 A No, he did not. 9 Q As you were out there working with your watering 10 system and doing your responsibilities there in the 11 backyard, did you notice anything amiss or out of the way? 12 A No, other than what I mentioned about the Vaclaws 13 swimming in their pool. 14 Q I believe that's all. Thank you, sir. The other 15 attorney may have some questions for you, okay. 16 A Okay. 17 ---------------------------------------------------------------------- 18 CROSS-EXAMINATION 19 BY MR. CARLSON: 20 Q Mr. Larsen, you said that you got home between 9:38 21 and 9:40. Was that correct? 22 A Yes. 23 Q And when you got home, you came from which direction? 24 The north? Is that correct? 25 A Yes. We came from the north going south. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
139 1 Q You came north. Then you would have turned onto 2 Lincoln Place; is that correct? 3 A Yes. 4 Q As you turned onto Lincoln Place, then I'll give you 5 a pointer. You've had a chance to look at this diagram 6 briefly. 7 Can you show the ladies and gentlemen of the 8 jury what you would have done? 9 A We came down this way here, and then we turn on 10 Lincoln Place and then turn into our drive here. 11 Q As you make this turn right here on Jefferson road, 12 you would turn like so? 13 A That correct 14 Q as you turn, I take it that your lights then would 15 sweep across your own driveway. 16 A Sweep across here, and then they would -- we could 17 see on down this road here before we made the turn into 18 our house. 19 Q But your lights would not sweep across the driveway 20 of the Steve Allen residence. 21 A Yes. That's what I stated. 22 Q I'm sorry? 23 A I stated in my testimony that they swept across our 24 house. 25 Q That's what I wanted to make sure. It's a little DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
140 1 hard for me to hear over there sometimes. 2 A Okay. 3 Q And at that particular time, you did have your lights 4 on, obviously. And was it getting dark at that point in 5 time? 6 A It was -- from as I remember back from being there, 7 it was still light enough, even though there's not a 8 street light here, but there's a street light here. 9 It was light enough that I could see the chairs 10 that I saw. You know, when I left, I could see the people 11 sitting here. 12 And I looked to see were they still here, and I 13 could see that there was no one in these chairs. 14 Q What time did you leave your home that night? 15 A 8:30. 16 Q And at 8:30, were the Herrings and the Nowotnys out 17 in the Herring yard? 18 A That's correct. 19 Q Can you show us about where they were sitting? 20 A About right there just sitting in front of their 21 steps that go into their house. 22 Q Now, you said you were out in your yard from after 23 you got home from 9:40 to -- 24 A Well, I may have gone in the house. That's the part 25 I don't remember exactly happening how long. I put the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
141 1 car up; and, of course, I had to go into the house. 2 And then I don't know whether it was three 3 minutes, five minutes, to when I went back in the 4 backyard. 5 And then I was in the backyard, and I know I was 6 in the backyard until -- I was back in the house to watch 7 the ten o'clock news. 8 Now, exactly how long I was in the backyard 9 whether it was five minutes or ten minutes, I can't say. 10 Q During that period of time that you were in the 11 backyard, you would have had a view of the Allen home; is 12 that correct? 13 A That's correct. My garden area stretches down here; 14 and I came, I came down. Well, the Vaclaw fence runs 15 right along here between this. 16 And I was watering clear down here. And as I 17 walked back towards the house, I'm walking this way with 18 the dog. 19 And I can't see the back of their house because 20 I have a shed that sits right here, but I can see all 21 their backyard. 22 Q You didn't hear any glass break, did you? 23 A I heard absolutely nothing out of the ordinary, nor 24 did the dog have any alert of anyone being there. 25 Q Thank you, Mr. Larsen. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
142 1 THE COURT: Any other questions? 2 MR.CORGAN: No, Your Honor. 3 THE COURT: Step down then, Mr. Larsen. 4 THE WITNESS: Okay. Thank you. 5 THE COURT: Next witness. 6 MR. CORGAN: Call Vickie Doughty. 7 --------------------------------------------------------
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