14		         STEVE D. GARDELLA
	15	after having been duly sworn to tell the truth, the whole
	16	truth, and nothing but the truth, testified as follows:
	17		             DIRECT EXAMINATION
	18	BY MR. CORGAN:
	19	Q	Would you state your name, please, sir.
	20	A	Steve D. Gardella.
	21	Q	Mr. Gardella, what is your business, profession, or
	22	occupation?
	23	A	I'm a criminal investigator with the Bartlesville
	24	Police Department.
	25	Q	How long have you been employed with the Bartlesville

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	1	police Department?
	2	A	Over nine-and-a-half years.
	3	Q	How long have you been employed as an investigator?
	4	A	Just over six years.
	5	Q	Have you had occasion to be involved in this case,
	6	Officer Gardella?
	7	A	Yes, sir, I have.
	8	Q	And would you tell us, first of f, how it was that you
	9	came to be involved in this case?
	10	A	I heard the initial call being transmitted over the
	11	radio on a scanner that I have at home.
	12		    And I subsequently went out and just drove in my
	13	police unit just in case Investigator Mason needed any
	14	assistance.
	15	Q	And did he in fact need that?
	16	A	Yes, sir. After I made it known to him that I was
	17	available, he subsequently asked me to come to the scene.
	18	Q	And did you do that?
	19	A	Yes, sir, I did.
	20	Q	What time did you arrive?
	21	A	Approximately 10:30 p.m., thereabout.
	22	Q	And what did you do upon your arrival?
	23	A	I waited outside the residence until Investigator
	24	Mason requested or required me inside the house.
	25	Q	Now, prior to your entry of the residence, did you do


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	1	anything in the neighborhood?
	2	A	Yes, sir, I did.
	3	Q	What did you do in that regard?
	4	A	A	neighbor who resides just north of the residence
	5	where the investigation was being conducted had returned
	6	from a trip -- I believe he was in Tulsa -- and saw the
	7	police cars and heard the nature of the call and requested
	8	that an officer check his residence before he or his
	9	family went inside.
	10	Q	Now, do you recall the name of that neighbor?
	11	A	No, sir, I do not.
	12	Q	And where was this residence in relation to the Allen
	13	home?
	14	A	Immediately north.
	15	Q	And so did you assist in some manner with that?
	16	A	Yes, sir.
	17	Q	What did you do?
	18	A	I went through the citizen's home while he waited
	19	outside just to make sure there was nobody inside.
	20	Q	Now, when you did this, were you alone or with
	21	someone?
	22	A	I was alone at that time, sir.
	23	Q	And what did you do inside the residence?
	24	A	I went through all the rooms, leaving doors open or
	25	lights on in the rooms to show that I'd been in those

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	1	rooms. Searched an atticway, if I remember right.
	2		    And once I was satisfied that nobody had been in
	3	his home, I went outside and told the man.
	4	Q	Did you find anything that appeared to be amiss or
	5	appeared to be a problem with the house there?
	6	A	No, sir, not that I can recall.
	7	Q	After you were involved in that search, what did you
	8	do?
	9	A	I went back to the residence where the investigation
	10	was being conducted and waited outside.
	11	Q	And did you at some later point then have contact
	12	with Officer Mason?
	13	A	Yes, sir, I did.
	14	Q	And what did you do as a result of that contact?
	15	A	Investigator Mason requested that I come inside and
	16	review the scene with him and decide -- help him in
	17	deciding how to proceed.
	18	0	And did you do that?
	19	A	Yes, sir. We walked through the scene together.
	20	Q	And after you did your walk-through, what, if
	21	anything, did you do?
	22	A	We left, we left the residence, went outside; and
	23	Investigator Mason requested that I contact Mr. Allen to
	24	request a consent to search.
	25	Q	And did you do that?

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	1	A	Yes, sir.
	2	Q	Where did you go?
	3	A	I when to Pastor Brummett's residence on I believe
	4	it's Crestwood Circle in the Oak Park addition of
	5	Bartlesville.
	6	Q	And did you have contact there with the defendant?
	7	A	Yes, sir, I did.
	8	0	And at that time, did you get a consent to search?
	9	A	Yes, sir, I did.
	10	Q	And what were you given consent to search?
	11	A	We were given consent to search his residence and his
	12	two vehicles that were at the residence.
	13	Q	And after receiving this consent to search, what did
	14	you do?
	15	A	I returned to the residence where the investigation
	16	was to be conducted, gave the consent to search- form to
	17	Investigator Mason. Advised him that we had received
	18	consent.
	19		     And at that time, Investigator Mason and
	20	Investigator Pottroff were going to go and speak with Mr.
	21	Allen. So I just waited outside the residence.
	22	Q	What, if any, further involvement then did you have
	23	in this case?
	24	A	I assisted OSBI Agent Dennis Franchini in processing
	25	the scene of the crime.
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	1	Q	What do you mean "processing"?
	2	A	Well, went through; and we would photograph or
	3	collect various pieces of evidence, document those items
	4	as to what they were and where they were located.
	5	Q	And then what was done with those particular items?
	6	A	Agent Franchini maintained custody of those items.
	7	Q	So what was your involvement?
	8	A	I assisted in drafting the evidence list, the items
	9	that we were going to take from the residence and also
	10	conducting tests or holding packages to help collect the
	11	evidence.
	12	Q	Now, in that regard, as you took these particular
	13	items of evidence, did you have any type of covering over
	14	your hands?
	15	A	Yes, sir.
	16	0	And what was that?
	17	A	I wore a pair of rubber gloves.
	18	0	And what about Mr. Franchini?
	19	A	I believe he was wearing gloves.
	20	Q	And what was the purpose in wearing those gloves?
	21	A	So that we would not contaminate the scene.
	22	Q	When did you get involved in taking those particular
	23	items of evidence into your custody?
	24	A	At what point in time are you --
	25	Q	Yeah. When did you start that process, and when

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	1	would you say that you completed it?
	2	A	I would -- to the best of my recollection, we started
	3	in the very early morning.
	4		     I would say four or five o'clock in the morning,
	5	give or take a little time. I don't recall. And then we
	6	stopped in the late morning, about 11:00 or so.
	7	Q	And that was something the two of you were doing?
	8	A	Yes. I assisted Agent Franchini throughout most of
	9	his processing of the scene.
	10	Q	Other than taking these items of evidence, did you do
	11	anything else in regard to the house?
	12	A	Yes. I assisted Agent Otte, and we also conducted a
	13	test on a door.
	14	Q	Tell us what you did in regard to the door.
	15	A	Agent Franchini and I tested the storm door at the
	16	patio that leads into what I term the den or the living
	17	room area to ascertain if the door would open even if the
	18	latch was in a locked position.
	19		    We both tested this with each of us on both
	20	sides -- on either side of the door. We did two tests
	21	altogether -- well, four tests, if you will.
	22	Q	And what happened?
	23	A	When the door was in the locked position, we couldn't
	24	open it.
	25	Q	And did you have occasion to pull on that door?
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	1	A	Yes, sir, I did.
	2	Q	And what about Mr. Franchini?
	3	A	Yes, sir, he did.
	4	Q	Can you tell us what force you used?
	5	A	I couldn't measure it, but it was enough to move the
	6	door. frame noticeably, not a great deal, but noticeably.
	7	Q	And could you -- did. you have an opinion what would
	8	happen if you exerted any more force?
	9	A	I was afraid that if I pulled any harder, I'd damage
	10	the scene.
	11	Q	And did you have occasion to look at that door frame?
	12	A	Yes, sir, I believe I did.
	13	Q	Did it appear to be damaged in any manner?
	14	A	Not that I can recall.
	15	Q	Now, as a result of your time there, did you have
	16	occasion to make what I'll call a diagram of the interior
	17	of the house?
	18	A	Yes, sir, I did.
	19	Q	Now, is that particular diagram drawn to scale?
	20	A	No, sir, it is not.
	21	Q	Does it have some measurements in it?
	22	A	Yes, sir, it does.
	23	Q	And where did those measurements come from?
	24		     (FOR FURTHER TRANSCRIPTION OF PROCEEDINGS,
	25		     REFER TO SUBSEQUENT VOLUMES)
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	1		    (FOR PRIOR TRANSCRIPTION OF PROCEEDINGS
	2		    REFER TO VOLUME I)
	3		    (CONTINUATION OF DIRECT EXAMINATION BY
	4		    MR. CRAIG CORGAN OF STEVE D. GARDELLA)
	5	A	Agent Franchini and I took those measurements.
	6	Q	And have we had occasion to take your diagram and
	7	turn that into a transparency?
	8	A	Yes, sir.
	9	Q	And would that transparency be a true and accurate
	10	copy of the diagram that you made?
	11	A	Yes, sir.
	12		         MR. CORGAN: Your Honor, at this time, we'd
	13	ask that Officer Gardella be allowed to explain his
	14	diagram that we've prepared to the jury.
	15		         THE COURT: All right.
	16	Q	 (By Mr. Corgan) Officer Gardella, I will draw your
	17	attention to the pointer that I placed to your right there
	18	and ask you, sir, if you will refer to the overhead
	19	projector screen there and explain to us what you have
	20	done, what you have tried to depict in your diagram.
	21	A	Sir, this is just a basic drawing of the Allen
	22	residence on Jefferson Road showing where the different
	23	rooms are and various fixtures or pieces of furniture in
	24	that room as I saw them.
	25	Q	Would you start with the garage area and explain to

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	1	us what you depict there and the significance of any
	2	dimensions you have in regard to that?
	3	A	Sir, the garage area is here in the lower right-hand
	4	corner of the diagram.
	5		    And I show an attic -- or ladder going up to an
	6	attic area. There's also a small, enclosed office area in
	7	the corner of the garage. And there's also a workbench
	8	near by the office.
	9	Q	Now, you have some openings there. What are those?
	10	A	Those are doorways.
	11	Q	Would you explain to us what those are?
	12	A	Well, the two larger openings are the carport
	13	doorways where the cars would be pulled in or could be
	14	pulled in.
	15		    These type fixtures here are doors, entry doors
	16	for persons to enter or exit here and here.
	17	Q	Okay. You have a dimension there. What is that?
	18	A	That's, if I read it correctly, it's 14 feet 1 inch;
	19	and that's the distance from the ladder where it hits the
	20	floor to the opening of the garage door.
	21	Q	Would you proceed then into the area that you have
	22	designated as utility room and explain what you have
	23	there?
	24	A	In the utility room, I show where the hot water
	25	heater is here; and there's a closet up in the upper

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	1	right-hand corner of the diagram.
	2	That's pretty much it and then the door to the
	3	closet and the back door.
	4	Q	Now, in regard to that back door that you're
	5	referring to, where does that go?
	6	A	That goes to what would be the end of the patio area.
	7	Q	Please go on then to the kitchen.
	8	A	Yes, sir. In the kitchen, we have a refrigerator and
	9	a microwave oven; the sink, two-tub sink; a range; the
	10	kitchen counter; wall phone next to the counter; a
	11	cabinet; a school-type desk; a china cabinet; and dining
	12	room table; and a large pool of blood that we found here
	13	on the floor.
	14	Q	Would you explain the dimensions that you have in
	15	that area?
	16	A	The dimensions that we took here, Agent Franchini and
	17	I, were written in just for points of reference just to
	18	get an idea of how big the room was and where various
	19	articles were.
	20	Q	Explain those to us.
	21	A	This dimension here signifies that it's 13 feet from
	22	the edge of this counter to this wall.
	23		This dimension here, 13 feet, 1 inch, shows that
	24	it's 13 feet, 1 inch from the wall phone wall to the front
	25	of the china cabinet.

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	1		This 15-foot dimension shows that it's 15 feet
	2	from this wall to this wall.
	3		    And this outside dimension here, 17 feet, shows
	4	that it's 17 feet from this wall here to this wall
	5	separating the utility room and the kitchen.
	6	Q	And by "this wall here," what do you mean?
	7	A	This wall here.
	8	Q	The first "this wall here."
	9	A	This is a wall that separates the kitchen or the
	10	dining room area from the living room or the den.
	11	Q	Now, I notice in the lower portion of what you have,
	12	I guess, just down from your circle that you have
	13	designated as blood, there's some type of opening. What
	14	is that?
	15	A	That's an open doorway.
	16		And where does that lead?
	17	A	That leads to a room that I call the game or the
	18	playroom.
	19	Q	And why did you designate it as that?
	20	A	Well, there seemed to be toys and a piano, I believe.
	21	It just seemed like recreation area. -
	22	Q	Would you take us out of that room into what I'll
	23	call the front door area?
	24	A	I'm sorry, sir?
	25	Q	Would you take us out of that room into the front

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	1	door area?
	2	A	The front door area?
	3	Q	Yes. You have something designated as the --
	4	A	Right here.
	5	Q	-- front door?
	6	A	Yes, sir.
	7	0	Explain that area to us.
	8	A	This is a hallway that led from the -- from another
	9	hallway, actually, out of the living room or the den which
	10	goes to the actual what I felt to be the main door of the
	11	residence that faced Jefferson Road.
	12	Q	And what is located in that area?
	13	A	In that area, you have a folding corrugated-type door
	14	that goes into the game room that we were just in.
	15		    And then you have two closets and an
	16	air-conditioning and a heating unit.
	17	Q	What do you have as you go down that hallway there?
	18	A	As you go down that hallway, you have a bathroom,
	19	closet area, and another bedroom along -- well, actually
	20	two bedrooms, and another closet.
	21	0	Let's go into the area that's designated as having a
	22	sofa.
	23	A	Yes, sir. Here.
	24	Q	How many ways can you get into that room? Would you
	25	point that out on your diagram?
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	1 	A	Yes, sir. You can get in there through this hallway
	2	door, through this corrugated door which separates the
	3	dining room -- or, yeah, yes, sir, the dining room and
	4	also through the patio door.
	5	Q	Now, the screen door or storm door that you've told
	6	us about that you performed the test on, would you point
	7	out on your diagram where that is?
	8	A	That would be this door right here, sir.
	9	Q	And, for the record, where are you pointing on your
	10	diagram?
	11	A	For the record, I'm pointing just left of the upper
	12	center of the diagram right near the fireplace and hearth.
	13	Q	Would you further explain what you have designated in
	14	the room that has the sofa in it?
	15	A	I'm sorry, sir. Could you ask that again?
	16	Q	Well, I don't see a marking for that room; but
	17	there's something that says "sofa."
	18	A	Yes, sir. Right here.
	19	Q	Would you explain everything you have marked in that
	20	room?
	21	A	The sofa I found to be a set. It wasn't one complete
	22	unit. It was made up of different portions, sections.
	23		And they were laid across the north end of the
	24	wall, spanning across, and over to the -- I believe that's
	25	going to be the west portion of the living room.

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	1	Q	What else do you have designated in that room?
	2	A	A television set, which is along the south wall of
	3	the living room or the dining room; a bench; books that
	4	were found on the floor; and a book cabinet; and a
	5	fireplace or hearth, which is at the top of the diagram
	6	for that room.
	7	Q	Now, I see something that's designated as sticks?
	8	A	Yes, sir. I'm sorry. There were some sticks found
	9	on the floor too.
	10	Q	And I notice as we go on to the bedrooms, there's an
	11	outside -- what appears to be an outside dimension. Would
	12	you explain what that is?
	13	A	Here, sir?
	14	Q	Yes, sir.
	15	A	Yes, sir. That's the length of this wall from here
	16	to here from the outer east wall to the inner west wall.
	17	Q	Now, Mr. Gardella, I believe you told us that you had
	18	occasion to do a walk-through of the entire house; is that
	19	correct?
	20	A	Initially or --
	21	Q	Initially.
	22	A	Well, during the initial walk-through, we pretty much
	23	restricted ourselves to this area here.
	24	0	And, for the record, you're pointing to where?
	25	A	I'm pointing from the garage to the utility room,

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	1	through the kitchen, the dining room, and what I'm calling
	2	the den or the living room.
	3 	A	At some later point, did you have occasion to examine
	4	the rest of the house to determine if it were intact or if
	5	there were items there that would be possible items that a
	6	burglar would take?
	7	A	Yes, sir.
	8	Q	And tell us what observations you made as far as the
	9	house being intact and then as to the items that you
	10	found.
	11			MR. CARLSON: Your Honor, we're going to
	12	object. You know, I don't know that any of us know what a
	13	burglar would take or wouldn't take.
	14			THE COURT: Overruled. Go ahead.
	15	A	Sir, in walking through the rest of the house, most
	16	of the other rooms seemed to be pretty much in order.
	17		The game room was a little bit disheveled or
	18	looked like somebody had been playing in there or just
	19	left their toys out.
	20		Also in that room were, I believe, some credit
	21	cards and a camera, small items.
	22	Q (By Mr. Corgan) What about as far as the house
	23	being intact? What did you observe about that?
	24	A	All the windows, as I recall, were shut. The front
	25	door was shut.

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	1		However, when I opened it, I don't believe I had
	2	to unlock it. I didn't know if that was from another
	3	investigator or if it had been left that way.
	4	Q	Is there anything else that we have not covered as
	5	far as your diagram?
	6	A	No, sir, not that I can recall.
	7			MR. CORGAN: I believe that's all.
	8			MR. CARLSON: Approach the bench?
	9		(AN OFF-THE RECORD DISCUSSION WAS HELD AT THE.
	10		BENCH BETWEEN COURT AND COUNSEL, AFTER WHICH
	11		THE FOLLOWING PROCEEDINGS CONTINUED)
	12	---------------------------------------------------
	13			CROSSEXAMINATION
	14	BY MR. CARLSON:
	15	Q	Mr. Gardella, you received information that night
	16	that the screen door there at the residence could be
	17	pulled open even when it was locked, did you not, from
	18	another person, another investigator?
	19	A	Another officer told me that allegation had been
	20	made, yes, sir.
	21	Q	Now, you said that you processed everything there in
	22	the crime scene; is that correct?
	23	A	I assisted in that, sir.
	24	Q	And you -- did you process the purse, sir, there in
	25	the crime scene?
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	1	A	Agent Franchini did the processing. I assisted him.
	2	Q	And the purse was taken as evidence. Was it or was
	3	it not?
	4	A	I don't recall if the purse was taken as evidence or
	5	not?
	6	Q	Was there anything taken out of the purse as
	7	evidence?
	8	A	Yes, sir. I believe there were some items taken.
	9	Q	Could you tell us what items were taken out of the
	10	purse, please?
	11	A	No, sir, not right off the top of my head.
	12	Q	Would it be on your evidence list?
	13	A	Yes, sir, I believe it would.
	14	Q	And is this the evidence list that I'm handing you?
	15	A	Yes, sir. It looks to be a copy of it, yes, sir.
	16	Q	All right. And could you tell us what items on that
	17	evidence list were taken out of the purse, sir?
	18		         MR. CORGAN: Excuse me, Your Honor. At
	19	this time, we're going to object as this subject of
	20	inquiry going beyond the scope of direct examination.
	21		         MR. CARLSON: Your Honor, he performed the
	22	crime scene to obtain the evidence.
	23		         THE COURT: You may answer.
	24	A	Sir, I believe -- do you want me to name the items or
	25	just give you reference numbers?
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	1	Q	 (By Mr. Carlson) I'd like you to tell me which ones
	2	they are, if you would, please.
	3	A	Tell you the number or tell you the name?
	4	Q	The name.
	5	A	Okay. According to my list, item number 40, a motel
	6	bill for room number 114 in the name of Sandra Jo Allen
	7	from a white pocketbook on the east kitchen counter.
	8		    And number 41, a pocket calendar book from the
	9	white pocketbook On the east kitchen counter.
	10	Q	Are those the only items that were removed from the
	11	purse based upon your notes, sir?
	12	A	Yes, sir, it appears to be.
	13	Q	Officer, do you know where the purse is today?
	14	A	No, sir.
	15	Q	And based upon your evidence list, there were no
	16	glasses found in the purse, were there, sir?
	17	A	Not that I made a record of, sir.
	18	Q	Did anybody else make a record of what was found in
	19	the purse other than yours?
	20	A	Sir, if they did, I'm not aware of it.
	21	Q	Now, with regard to this particular screen door,
	22	you're familiar somewhat with those kind of aluminum or
	23	metal screen doors, are you not, sir?
	24	A	Yes, sir.
	25	Q	And from your experience, you know that some of those
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	1	screen doors can be jiggled and gotten open even though
	2	they're locked, don't you?
	3	A	Yes, sir.
	4	Q	And you worked burglary before, haven't you, sir?
	5	A	On occasion, sir, yes.
	6	Q	And you know basically from your experience, there
	7	are few things that a burglar can't get into if he really
	8	wants to; isn't that correct?
	9	A	Yes, sir.
	10	Q	Now, you did not examine the counter in the kitchen,
	11	did you?
	12	A	I believe I did a cursory inspection of the counter.
	13	Q	But you didn't examine it with anything other than
	14	your eyes?
	15	A	That's correct.
	16	Q	Did you do that that night, sir?
	17	A	That night or that morning. It was very close to
	18	morning hours.
	19	Q	Now, you had occasion to talk to Steve Allen early on
	20	the morning of June the 12th, did you not?
	21	A	Yes, sir, I did.
	22	Q	And that conversation was at Pastor Brummett's; is
	23	that correct?
	24	A	Yes, sir, that's correct.
	25	Q	And at that point in time, Steve Allen was a suspect,
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	1	was he not?
	2	A	Yes, sir. In a manner of speaking, he was.
	3	Q	And that conversation was recorded, was it not?
	4	A	That's correct.
	5	Q	And that was a recorder that you had in your pocket?
	6	A	Yes, sir.
	7	Q	And Steve was not aware that he was recorded, was he?
	8	A	That's correct.
	9	Q	And a portion of that conversation was recorded; is
	10	that correct?
	11	A	Yes, sir. I believe a portion was recorded.
	12	Q	Have you prepared a transcript of that particular
	13	recording?
	14	A	No, sir, I have not.
	15	Q	If you know, has anyone within law enforcement
	16	prepared a transcript of that particular recording, sir?
	17	A	I do not know, sir.
	18	Q	Now, during the conversation with Steve, Steve
	19	related to you, did he not, that he saw someone on the
	20	patio and they ran in a northeast direction?
	21		         MR. CORGAN: Again, Your Honor, I'm going
	22	to object as being beyond the scope of direct examination.
	23		          THE COURT: Overruled. You may answer.
	24	A	Sir, could you ask the question again?
	25	Q	(By Mr. Carlson) Yes. In that conversation with
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18
	1	Steve -- and that conversation was at what time?
	2	A	It was shortly after midnight, if I recall.
	3	Q	All right. During that conversation, Steve related
	4	to you that he turned into his driveway and his lights
	5	panned across or went across an individual on the patio
	6	who turned and ran north.
	7	A	Well, he told me at the side of his residence; and
	8	the side he indicated was where the patio was at.
	9	Q	And Steve also said that he could not give you a good
	10	description of that person; isn't that correct?
	11	A	That is correct.
	12	Q	Now, a portion of that particular tape is not
	13	audible; is that correct?
	14	A	As I recall, I didn't review it at length in its
	15	entirety. It seemed that when I went out and checked the
	16	recorder in my police vehicle, either the batteries had
	17	gone dead or I had inadvertently hit a switch on it.
	18		And I didn't check into it too deeply at that
	19	time. I turned the tape over to Investigator Mason after
	20	that.
	21	Q	But you do know that a portion of it you could hear,
	22	you listened to that
	23	A	Yes, sir. Yeah, I did hear a portion of it.
	24	Q	And Steve also related to you in that conversation
	25	that he went to his wife, and he had ahold of his wife at
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	1	some point.
	2	A	 Yes, sir.
	3	Q	 And he also -- didn't he relate to you that his wife
	4	was lying in a pool of blood.
	5	A	 I believe he did.
	6	Q	 And that she was very bloody.
	7	A	 Yes, sir.
	8	Q	 And Steve also related to you that earlier that
	9	evening he had gone to the Sonic to get some drinks; isn't
	10	that correct?
	11	A	 Yes, sir.
	12	Q	 And that he had gotten three drinks.
	13	A	 I don't recall how many he said he got.
	14	Q	 Now, you went there with the purpose of obtaining a
	15	consent to search from Steve Allen.
	16	A	 That's correct.
	17	Q	 And by a consent to search, we mean that you're
	18	asking somebody if they'll voluntarily give their consent
	19	to allow them to search their residence, correct?
	20	A	 Or their property, yes, sir.
	21	Q	 Or their property, right. And Steve voluntarily gave
	22	you a consent to search not only the house, but also the
	23	cars, didn't he?
	24	A	  Yes, sir. They were included on the same form.
	25	Q	  And he in no way hesitated in that regard, did he,
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	1	sir?
	2	A	No, sir.
	3	Q	Now, during the conversation with Steve and shortly
	4	after midnight on June the 12th, at one point you asked
	5	Steve what door the particular person came out of; and
	6	Steve told you he didn't know. You recall that, don't
	7	you, sir?
	8	A	No, sir, I don't recall that.
	9	Q	Now, when you arrived there at Pastor Brummett's
	10	house to talk with Steve, Steve was crying and Steve was
	11	upset, wasn't he?
	12	A	Yes, sir.
	13	Q	As a matter of fact, you had to wait for Steve to
	14	gain control of himself before you could talk to him;
	15	isn't that correct?
	16	A	No, sir, not entirely. At Pastor Brummett's request,
	17	I waited before speaking with Mr. Allen so that he could
	18	make some phone calls.
	19	         Mr. Allen was willing to talk to me at that
	20	time, but Pastor Brummett interjected and suggested to him
	21	that he make some phone calls first.
	22	Q	And at certain portions, Steve was on the telephone.
	23	And while he was on the telephone, he was crying at
	24	certain times, was he not?
	25	A	Yes, sir. From where I was, it appeared or sounded
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21
	1	as though he was.
	2	Q	Now, Officer, you prepared a report in regard to your
	3	function in regard to this case, did you not?
	4	A	Yes, sir, I did.
	5	Q	And with regard to that particular report, have you
	6	looked at a copy of it, reviewed a copy of it?
	7	A	Yes, sir, I have.
	8	Q	Do you need a copy in front of you?
	9	A	Not at this time.
	10	Q	You made reference to some glass from the broken door
	11	being on the hearth by the fireplace; is that correct?
	12	A	Yes, sir, I did.
	13	Q	And you noted that because you felt that there was
	14	something unusual about that. Is that the reason you put
	15	that in your report?
	16	A	Yes, sir.
	17	Q	And who called that to your attention, sir, that --
	18		         MR. CORGAN: Again, Your Honor, we're going
	19	to object as going beyond the scope of .direct examination.
	20		         MR. CARLSON: Your Honor, again, it's part
	21	of the crime scene.
	22		          THE COURT: Sustained.
	23	Q	 (By Mr. Carlson) Did you assist in the total
	24	processing of the crime scene, sir?
	25	A	No, sir, I don't believe I did.

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22

	1	Q	Were you instrumental or did you have a part in
	2	attempting to obtain any fingerprints there at the crime
	3	scene?
	4	A	Sir, I don't recall actually being involved in
	5	developing any prints. I watched Agent Franchini check
	6	for latent prints at the patio door.
	7	But I was mainly there for collecting of
	8	evidence, evidence such as the stains and stuff like that.
	9	Q	And were there prints obtained from the door, sir?.
	10			MR. CARLSON: Again, Your Honor, we're
	11	going to object as being beyond the scope of direct
	12	examination.
	13			THE COURT: Sustained.
	14	Q(By Mr. Carlson) Were you there, Officer, in your
	15	capacity attempting to process the crime scene and aid Mr.
	16	Franchini?
	17	A	Yes, sir.
	18	Q	What was your function in regard to fingerprint lifts
	19	there at the scene, if you had any?
	20	A	None, sir.
	21	Q	Did you make notes while Mr. Franchini attempted to
	22	obtain fingerprints?
	23	A	No, sir, not that I can recall.
	24	Q	Did anyone?
	25	A	Not that I know of, sir.
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	1	Q	Did you take any notes with regard to, other than
	2	what you have in the diagram, where each item of evidence
	3	was found?
	4	A	I believe that was written in the list that we just
	5	saw.
	6	Q	Was each item of evidence that was found, sir, was it
	7	photographed before it was removed?
	8	A	We didn't photograph it then. Agent Franchini had
	9	gone through the scene photographing while I assisted
	10	Agent Otte.
	11	Q	But that's the overall crime scene photographs --
	12	A	Yes, sir.
	13	Q 	-- we have; is that correct?
	14	A	Yes, sir.
	15	Q	But what I have reference to, sir, when you found an
	16	item of evidence, for instance, the glass by the patio
	17	door, did you take a close-up photograph of that
	18	particular item before you picked it up and removed it?
	19	A	I did not, no, sir.
	20	Q	Do you know if anyone did that?
	21	A	No, sir, I don't recall if anybody did..
	22	Q	And I take it there was no particular pattern that
	23	you used to collect this particular evidence as you went
	24	through the house, was there, sir?
	25			MR. CORGAN: Objection. Beyond the scope
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24
	1	of direct examination.
	2			THE COURT: You may answer.
	3	A	Sir, we went in somewhat of a pattern; but it wasn't
	4	a fixed pattern such as clockwise or counterclockwise or a
	5	zone search or anything like that.
	6	Q(By Mr. Carlson) You used the words "zone search,"
	7	didn't you?
	8	A	I'm sorry?
	9	Q	Did you use the words "zone search"?
	10	A	Yes, sir.
	11	Q	And you're also familiar, are you not, with other
	12	kinds of search patterns, aren't you, sir?
	13	A	Not to speak of.
	14			MR. CARLSON: Your Honor, that's all we
	15	have. Thank you.
	16			MR. CORGAN: May I proceed, Judge?
	17			THE COURT: Yes.
	18	--------------------------------------------
	19 		REDIRECT EXAMINATION
	20	BY MR. CORGAN:
	21	Q	Now, Officer Gardella, Mr. Carlson asked you about
	22	you received some information about the door there could
	23	be jiggled and opened?
	24	A	Yes, sir.
	25	Q	Who did you get that information from?

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25
	1	A	I don't recall, sir. 
	2	Q	And do you know who that person got their information
	3	from?
	4	A	Yes, sir.
	5	Q	Who was that?
	6	A	The defendant.
	7	Q	So that whatever that information, that source was
	8	coming from the defendant, right?
	9	A	Yes, sir.
	10	Q	Now, were you able to jiggle that door and open it?
	11	A	No, sir.
	12	Q	When you talked with the defendant there at Pastor
	13	Brummett's home, did he tell you anything about a hammer?
	14	A	No, sir, he did not.
	15	Q	That didn't come up?
	16	A	Not at all, sir.
	17	Q	As you spoke with him about the search and about the
	18	consent to search, did he appear able to understand and
	19	respond to your questions?
	20	A	Yes, sir.
	21	Q	Did he have any problem with that?
	22	A	No, sir, not at all.
	23	Q	Now, let's just make sure we're clear on something.
	24	Officer Gardella, did you take any photographs that
	15	evening?
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	1	A	No, sir.
	2	Q	Did you take any photographs at all?
	3	A	Not that I can recall, sir.
	4	Q	Who was taking photographs?
	5	A	To the best of my knowledge, Agent Franchini.
	6			MR. CORGAN: That's all.
	7			MR. CARLSON: Bear with me one moment, Your
	8	Honor.
	9			THE COURT: All right.
	10	-----------------------------------------------------
	11 			RECROSS-EXAMINATION
	12	BY MR. CARLSON:
	13	Q	Sir, we really don't know whether or not -- was on
	14	that particular tape the portions not audible, do we?
	15	A	Sir, I don't understand your question.
	16	Q	That's a bad question. I'll rephrase it. There's a
	17	portion of that tape that's not audible.
	18	A	I believe that's correct, yes, sir.
	19	Q	So we really don't know what's on the nonaudible
	20	part, do we?
	21	A	That's correct.
	22	Q	You made no notes when you talked to Steve about what
	23	he said, did you?
	24	A	That's correct.
	25	Q	You recall testifying at a bail hearing in this
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27
	1	particular matter, sir?
	2	A	Yes, sir.
	3	Q	And in that particular bail hearing, you were asked
	4	about whether or not Steve told you about a hammer. Do
	5	you recall that?
	6	A	Yes, sir, I believe I do.
	7	Q	And this question was asked of you --
	8			MR. CARLSON: At page 84, counsel, line 9.
	9	Q(By Mr. Carlson)
	10		QUESTION: He didn't tell you that he had
	11		found a hammer and that he wiped blood off
	12		of it.
	13	Your answer:
	14		If he did, I don't recall it, sir.
	15		QUESTION; If he did, that would be in your
	16		tape.
	17	Your answer:
	18		Yes, sir, if it came out. It was in my
	19		pocket, and I don't know how much of it was
	20		audible.
	21	A	Okay.
	22	Q	So you would have to refer to the tape to really know
	23	what Steve told you in that conversation. Fair statement?
	24	A	Not in this case, sir. I don't believe he told me
	25	about it.
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	1	Q	It's a fair statement to say you really don't recall,
	2	like you testified in the bail hearing?
	3	A	No, sir.
	4			MR. CORGAN: I object to the argumentative
	5	nature of the question.
	6			THE COURT: Sustained. Just ask him your
	7	question.
	8 	Q (By Mr. Carlson) Was your answer -- and let me hand
	9	it to you, sir, page 84, line 11.
	10	A	Yes, sir.
	11	Q	And your answer to that question is: If he did, I
	12	don't recall.
	13			MR. CORGAN: It's been asked and answered.
	14			THE COURT: You may answer.
	15	A	Yes, sir, that's correct.
	16	Q (By Mr. Carlson) All right. Thank you, sir.
	17			MR. CARLSON: That's all we have, Your
	18	Honor.
	19	----------------------------------------------------
	20			REDIRECT EXAMINATION
	21	BY MR. CORGAN:
	22	Q	Mr. Gardella, did you have any discussion, receive
	23	any information from the defendant about a hammer?
	24	A No, sir, I did not.
	25			MR. CORGAN: That's all.
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29
	1			MR. CARLSON: That's all we have.
	2			THE WITNESS: Am I excused, Your Honor?
	3			THE COURT: Recessed till nine o'clock in
	4	the morning, ladies and gentlemen. Please don't discuss
	5	the case. Nine o'clock in the morning.
	6		(THE PROCEEDINGS WERE ADJOURNED FOR THE DAY)
	7		(SUBSEQUENT PROCEEDINGS WERE HELD ON
	8		JULY 24, 1991, WHICH ARE CONTAINED IN A
	9		SEPARATE VOLUME)
	

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