20	---------------------------------- 
22		DANIEL EASTMAN
23	after having been duly sworn to tell the truth, the whole
24	truth, and nothing but the truth, testified as follows:
25		DIRECT EXAMINATION
26	BY MR. CORGAN:
DISTRICT COURT OF OKLAHOMA
OFFICIAL TRANSCRIPT

148

1	Q	Would you state your name, please.
2	A	Daniel Eastman.
3	Q	Daniel, where do you live?
4	A	XXXX Wilson Road.
5	Q	Would you tell me what your family consists of?
6	A	I have a mother and father, two brothers, and two
7	sisters.
8	Q	Now, do all five of the kids still live at home?
9	A	Yes.
10	Q	And were all five of the children living at home on
11	June the 11th of 1990?
12	A	Yes.
13	Q	Would you tell me the names and ages of your brothers
14	and sisters?
15	A	Giselle.
16	Q	How old is she?
17	A	She's 14, I think. Krista, 12 or 13. Evan just
18	turned 11, and Jonathan is 7.
19	Q	And did I get your age?
20	A	I am l7.
21	Q	If I were at your home and I were to go east from
22	your home, what would I encounter?
23	A	A large field.
24	Q	Do you have any neighbors?
25	A	Yes.
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1	Q	Who are your neighbors?
2	A	The Spears are west of us. The Johnstons are north
3	of us; and south of us are the Vigesaas.
4	Q	Anyone else?
5	A	Northwest is the Workmans, and southwest is the
6	Allens.
7	Q	Now, do you have any type of fence in your yard?
8	A	Yes. We have a metal fence. It's a chain-link, I
9	think.
10	Q	Okay. And does that adjoin any of your other
11	neighbors' yards?
12	A	It adjoins the Spears and the Vigesaas.
13	Q	Now, calling your attention to the southwest corner
14	of your yard, what would the fence adjoin there?
15	A	Okay. It adjoins the Vigesaas until the corner, and
16	then a small portion of it crosses the Allens. And then
17	it links up with the Spears.
18	Q	What type of fence do the Spears have?
19	A	They have a wooden fence.
20	Q	Now, we had occasion to visit on, what was it,
21	Saturday?
22	A	Yes.
23	Q	And you took me out to the fence; is that right?
24	A	Uh-huh.
25	Q	Where did we go?
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1	A	What do you mean?
2	Q	Well, did we go to that southwest corner?
3	A	Yes.
4	Q	And did you show me about the fence?
5	A	I showed you that it was bent over from climbing
6	over -- my brothers and sisters and myself and our
7	friends.
8	Q	What do you mean "climbing over"?
9	A	Like, we use the fence for a shortcut to get home
10	faster; and when we climbed over, it bent over and just
11	over the rail over the top.
12	Q	Now, when you climb over the fence leaving your
13	house, where do you end up?
14	A	In the back of the Allens' yard.
15	Q	And who all uses that?
16	A	Most of the neighborhood kids that play with us or we
17	go play with them.
18	Q	And was that a common practice back in June of 1990?
19	A	No. Most of us were older then, but Jonathan and the
20	Allens' boy about his age used it often.
21	Q	And what would they do?
22	A	They'd climb over the fence, play, and come over the
23	fence, and play in our sandbox inside the house.
24	Q	Do you recall what you were doing the evening of June
25	the 11th of 1990?
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151
1	A	Yes. I was mowing the lawns and preparing for a
2	canoe trip.
3	Q	Had you been anywhere prior to that?
4	A	We just got back from vacation.
5	Q	So the first thing you did after getting home from
6	vacation was to mow the yard?
7	A	The first thing we did was unpack. Then I mowed the
8	yard.
9	Q	Why was there such a need for you to mow the yard?
10	A	Because I couldn't go on the canoe trip unless it was
11	mowed.
12	Q	The edict had come down; is that right?
13	A	Yes.
14	Q	And so did you get to your business or task of doing
15	that?
16	A	Yes. Then I went to find out what I needed for my
17	canoe trip. Then I finished.
18	Q	How were you contacted about the canoe trip?
19	A	We had talked about it before I left on vacation; and
20	we planned so as soon as we got back, I had to leave
21	again.
22	Q	Did you go anywhere in regard to your canoe trip that
23	night?
24	A	Yes. I went over to the Coffmans.
25	Q	When did you start mowing that evening?
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152
1	A	Somewhat after 8:30, I believe.
2	Q	And how long did you mow at that time?
3	A	It usually takes about less than 15 minutes.
4	Q	And when did you go to the Coffmans?
5	A	About nine o'clock.
6	Q	And how did you get there?
7	A	I rode my bike.
8	Q	Now, I want you to look at the diagram to your left.
9	Do you recognize that as being a diagram of your
10	neighborhood?
11	A	Uh-huh.
12	Q	And does that appear to accurately place the houses
13	in the neighborhood?
14	A	Yes
15	Q	Show us, if you would, with a pointer, Daniel, where
16	your house is?
17	A	Here
18	Q	And would you show us the route of travel that you
19	took as you left your home that evening and went to the
20	Coffam home?
21	A	Okay.	 I went west, south, and east to the Coffmans.
22	Q	How long were you at the Coffin home that night?
23	A	About half an hour.
24	Q	Who did you see there?
25	A	I saw Allen Coffam.
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153
1	Q	Did you see his dad?
2	A	I saw him leaving, I think.
3	Q	Where was he when you saw him leaving?
4	A	In his van at the corner of Lincoln and Jefferson.
5	Q	Did you see which direction he went?
6	A	No.
7	Q	And where were you when you saw him?
8	A	I was at the corner also.
9	Q	Then where did you go?
10	A	I went over to the Coffmans, and Allen and I talked a
11	little bit. Then we went in, and we went over the list of
12	things to bring on the canoe trip.
13	Q	Now, in going to the Coffmans, you have to pass the
14	Allen home; is that correct?
15	A	Yes.
16	Q	Did you notice anything about their home when you
17	went by?
18	A	Nothing unusual.
19	Q	How long did you stay there at the Coffman home?
20	A	Somewhere around half an hour.
21	Q	And when did you return home?
22	A	Just about 9:30.
23	Q	And did you take the same route of travel?
24	A	Yes.
24	Q	Did you notice anything as you returned past the
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154
1	Allen home when you went home?
2	A	Nothing unusual.
3	Q	Either time, either coming or going, did you notice
4	if there were any cars at the house?
5	A	I noticed the green car, but I'm not sure which if it
6	was coming or going.
7	Q	But you do know that at some point, the green car was
8	there.
9	A	Yes
10	Q	Do you have any type of pets or animals?
11	A	We have a cat and a dog and some inside animals.
12	Q	Where does your dog stay?
13	A	In the backyard.
14	Q	How does your dog react to strangers?
15	A	If we're back there, he usually comes up and jumps on
16	them; or if we aren't back there, he barks like mad.
17	Q	After you returned home that evening, what did you
18	do?
19	A	I put my list in my room, unpacked a little bit more,
20	then I finished mowing.
21	Q	And where were you mowing at that time?
22	A	I was mowing the west side of the front lawn.
23	A	At what time would you have been mowing then?
24	A	About 9:45.
25	Q	And how long did you stay out there?
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155
1	A	I got in before 10:00.
2	Q	What were the lighting conditions while you were out
3	there?
4	A	I had the garage door light, and that's about it.
5	Q	Other than the garage door light, what was the
6	natural light like?
7	A	It was pretty dark. I could see lights from the
8	Coffmans' house. And I could pretty much see the ground,
9	but I couldn't see where I was mowing.
10	Q	Did it take any longer?
11	A	Yes, possibly.
12	Q	Why were you out there that late mowing?
13	A	Because I needed to finish before the canoe trip.
14	Q	While you were mowing there in the front yard, do you
15	know where your dog was?
16	A	Yes. He was most likely behind his doghouse or
17	underneath the tree near the corner fence by the Vigesaas,
18	Allens, and Spears.
19	Q	And that would be that southwest corner --
20	A	Yes.
21	Q	-- that we've talked about? So one of those places?
22	A	Uh-huh.
23	Q	Now, while you were out there mowing, did you notice
24	anything unusual going on?
25	A	No, except for myself.
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156
1	Q	And that's that you're mowing that late?
2	A	Yes.
3	Q	What about your dog? Did you notice your dog doing
4	anything?
5	A	No.
6	Q	Did your dog ever get upset or do anything that
7	evening?
8	A	Yes, when the police officers came by to inspect the
9	backyard.
10	Q	What did your dog do then?
11	A	He -- I don't know exactly. My dad just came in and
12	told me to put him in the garage.
13	Q	Do you know who the police officers were?
14	A	I know Officer Gus Davis, and that's the only one.
15	Q	Other than it being unusual that you were out mowing
16	at that time of night, anything else that struck you in
17	the neighborhood as you were out as unusual?
18	A	No.
19	0	Daniel, that's all the questions I have; but the
20	other attorney probably has some questions for you.
21	A	Okay.
22	---------------------------------------------------
23		              CROSS-EXAMINATION
24	BY MR. CARLSON:
25	Q	Daniel, did I understand you correctly that when you
DISTRICT COURT OF OKLAHOMA
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157

1	were riding over to the Coffmans, you saw Mr. Coffman as
2	you were riding into the Coffmans?
3	A	Yes.
4	Q	And what was Mr. Coffman doing? Did you say he was
5	leaving?
6	A	Yes.
7	Q	And that you left the Coffmans that evening I think,
8	if I understood, about 9:30; is that correct?
9	A	Uh-huh.
10	Q	Was it a little after 9:30, or do you know?
11	A	I don't remember exactly. It was somewhere around
12	9:30.
13	Q	And on neither occasion when you came over or when
14	you went back, neither occasion did you see the blue car
15	at the Allen residence, did you?
16	A	I've -- I never saw the blue car until later.
17	Q	How old is your dog?
18	A	Let's see. I got him when I was six, and he wasn't a
19	a year old yet.
20	Q	And you're how old now?
21	A	Seventeen.
22	So --
23	A	Makes it about 11 years.
24	Q	What kind of dog is it, Daniel?
25	A	mix between a cocker spaniel and something else.
DISTRICT COURT OF OKLAHOMA
OFFICIAL TRANSCRIPT

1	Q	Now, you said that you were mowing between 8:30; and
2	said it took you about 15 minutes?
3	A	Yes.
4	Q	So you were mowing between 8:30 and 8:45?
5	A	Yeah.
6	Q	After you get back, then you finish mowing; so you
7	would have been mowing from 9:40 to -- is that about
8	right?
9	A	Yes.
10	Q	To how much longer did you mow?	
11	A	Usually takes about five minutes, but it took ten.
12	A	So about a little before ten o'clock.
13	Q	Now, did you know that XXXX and XXXX Allen
14	were not at home and hadn't been at home for a couple of 
15	days before June the 11th?
16	A	I didn't really pay much attention.
17	Q	Now, you talked about one of your little brothers.
18	A	Yes.
19	Q	Did I understand that?
20	A	Uh-huh.
21	Q	And he's how old?
22	A	He just turned seven.
23	Q	When he was going over there, generally, did he go
24	over there to play with XXXX and XXXX?
25	A	Yes.
DISTRICT COURT OF OKLAHOMA
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159
1	Q	This is a tough question. I'm not sure I know, but I
2	think I know. Do you know what an iris plant is?
3	A	Yes.
4	Q	An iris plant are those plants that have that --
5	A	Uh-huh.
6	Q	-- film or fuzz, I'll call it, on them?
7	A	Yes.
8	Q	And do those things come off? Does that film, from
9	your experience, that fuzz come off pretty easy if you
10	touch it?
11	A	It doesn't come off rather easy, no. It's for
12	protection, and you have to scrape it off.
13	Q	So you have to touch it pretty good or step on it or
14	something to leave something like that?
15	A	Yes.
16	Q	And when you do that, from your experience, Daniel,
17	can you see where you touched it; or can you see where you
18	stepped on it?
19	A	Usually.
20	Q	All right.
21		        MR. CARLSON: That's all we have, Judge.
22	Q	 (By Mr. Carlson) Thank you, Daniel.
23
24		            REDIRECT EXAMINATION
25	BY MR. CORGAN:
DISTRICT COURT OF OKLAHOMA
OFFICIAL TRANSCRIPT

160
1	Q	Daniel, let me hand you the pointer. So I'm clear,
2	would you point out to me on our diagram -- first of all,
3	show Me where you were; and then show me where Mr. Coffman
4	was when you saw him.
5	A	Let's see. I believe he was coming down the road
6	about here when I saw him, and I turned in here. And I
7	ignored which way he went, from there.
8	Q	Do you know if he saw you?
9	A	Yes. He waved.
10		        MR. CORGAN: I believe that's all, Judge.
11		        THE COURT: Is that all?
12		        MR. CARLSON: Yeah. We have nothing
13	further. Thank you, Daniel.
14		        THE COURT: You may step down. Be excused.
15	Next	witness.
16		        MR. CORGAN: Your Honor, this would be a
17	good	time to break, if we could, a little early.
18		        THE COURT: Ladies and gentlemen, we'll
19	recess for lunch until one o'clock. One o'clock. Please
20	refrain from discussing the case. Until one o'clock.
21		  (A RECESS WAS TAKEN FOR THE NOON HOUR, AFTER
22		  WHICH THE FOLLOWING PROCEEDINGS CONTINUED IN
23		  THE PRESENCE AND HEARING OF THE JURY)
24		  THE COURT: Show the jury's back and
25	present. State call its next witness.
DISTRICT COURT OF OKLAHOMA
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161
1		MR. CORGAN: Your Honor, the State would
2	call at this time Kay Herring.
3	---------------------------------------

lh1998-99, 2000