4 KAY HERRING 5 after having been duly sworn to tell the truth, the whole 6 truth, and nothing but the truth, testified as follows: 7 DIRECT. EXAMINATION 8 THE COURT: Please proceed. 9 BY MR. CORGAN: 10 Q State your name, please, ma'am. 11 A Kay Herring. 12 Q Miss Herring, where do you live? 13 A 1801 Jefferson Road. 14 Q How long have you lived there? 15 A Four-and-a-half years. 16 Q Do you have any neighbors in that area? 17 A Yes. 18 Q And could you tell me d&you have any neighbors to 19 the north of your home? 20 A North. Yes. 21 Q Who would that be? 22 A Aubrey Clay. 23 Q And what about to the south of your home? 24 A Nowotny, Dave and Diana. 25 Q Miss Herring, let me direct your attention to the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
162 1 chart that's there to your left. Would you look at that 2 for a second. 3 A (The witness complied). 4 Q And would you recognize that, Mrs. Herring,as being 5 a diagram of the neighborhood area there where you live? 6 A Yes. 7 Q And do you see where. your home is located? 8 A Yes. 9 Q And would that be an accurate representation of your 10 home and where it's -- 11 A Yes. 12 Q -- located to the streets and those things? 13 A Yes. 14 Q Miss Herring, there is a box directly to the north of 15 your home that does not have any markings. Do you see 16 that? 17 A Yes. 18 Q Whose home would that be? 19 A Aubrey Clay. 20 Q Then as you go up on, I believe the next street is 21 Church Court; is that correct? 22 A Yes, correct. 23 Q Is there a home on Church Court there that would face 24 onto Lincoln -- or Jefferson? 25 A Right here? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
163 1 Q Yes. 2 A Yes. 3 Q Whose home is that? 4 A Mike Cowman. 5 Q Now, we've had conversation about someone else named 6 Cowman down on Lincoln Road. Okay? 7 A Yes. 8 Q Are they related in any way? 9 A Yes, brothers. Max and Mike. 10 Q Max lives on Lincoln? 11 A Yes. 12 Q And Mike lives up on Church Court. 13 A Correct. 14 Q Are you acquainted with the defendant in this case, 15 Steven Allen? 16 A Yes, I am. 17 Q And how do you know him? How are you acquainted with 18 him? 19 A Just visiting in the neighborhood. 20 Q Okay. He was a neighbor of yours? 21 A Correct. 22 Q And where would he live in relation to your home? 23 A Straight across the street to the east. 24 Q Miss Herring, do you know where you were on the 25 evening of June the 11th, 1990? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
164 1 A Yes, I do. 2 Q Where were you? 3 A At home. 4 Q And what were you doing that evening? What were your 5 general activities? 6 A Later evening? Early evening? 7 Q Oh, let's, let's say start around six o'clock in the 8 evening for me; and tell me generally what you were doing 9 and progress from there. 10 A Okay. Probably around six o'clock finishing up 11 supper, supper dishes. 12 Q Okay. 13 A Went on and probably a little bit before 7:00 went -- 14 we went out on the front porch. 15 Q Now, when you say "we," who do you mean? 16 A My husband, Bob Herring, and I. 17 Q And what did you do when you got out on the porch? 18 A Sat. 19 Q You got some chairs out there? 20 A Got some chairs and sat down. 21 Q And what were you doing out there? 22 A Enjoying the breeze. 23 Q And can you tell us how long you stayed out there? 24 A I stayed out till about 9:00. 25 Q And what did you do at that time? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
165 1 A I went inside to answer a phone call. 2 Q And did you continue to stay inside after 9:00? 3 A Yes. 4 Q And did you ever come back out that evening? 5 A Yes. 6 0 And what time did you come back out? 7 A About 10:05. 8 Q So from about nine o'clock to 10:05, you were inside. 9 A Yes, sir. 10 Q Other than your husband, Bob, and yourself, was there 11 anyone else out there that evening with you? 12 A Yes, there was. 13 Q And who was that? 14 A Diana and Dave Nowotny. 15 Q And when did you have any sort of contact with them? 16 A They came over just shortly after 7:00, saw us out 17 and just came over. 18 Q And what did they do? 19 A Got some chairs and sat down. 20 Q And you all just visited there? 21 A Just visited. 22 Q Can you tell us what else was going on in the 23 neighborhood that evening, any observations you made about 24 activity or things happening there? 25 A At 7:00 or earlier?
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166 1 Q Let's say 7:00 on. 2 A I noticed Mr. Allen get -- [his son} stayed out in the 3 driveway and played for 10 or 15 minutes, and then Steve 4 came out and got in his car. And he and [son] left. 5 Q About what time was that? 6 A Probably 7:15 to 7:30. 7 Q What else, if anything, did you observe that evening? 8 A 8:00, 8:30 -- I'm not real sure -- Steve drove back 9 to the house. 10 Q Do you recall which direction he came from? 11 A I believe he came from the north. 12 Q And were you still outside at that time? 13 A Yes, sir. 14 Q And what did he do when he arrived at that time? 15 A He pulled into his driveway, and I believe he got out 16 and went in. But I'm not positive. 17 Q What happened after that? 18 A He came back, got back in the car, and left again. 19 Q When he left that time, do you recall what direction 20 he went? 21 A I believe he went to the north. 22 Q And can you tell us about what time he left? 23 A It's possible around 8:30, but I'm not positive about 24 that. 25 Q Anything else happen then between 8:30 and when you DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
167 1 went in around 9:00? 2 A I believe I saw Steve drive from the south to the 3 north shortly before nine o'clock. 4 Q And what did he do at that time? 5 A Just drove by. Did not stop. 6 Q Other than Mr. Allen, did you see any other neighbors 7 out and about that evening? 8 A It's hard to say because the neighborhood is out a 9 lot. There's -- it's possible that the Larsens were out. 10 Yes, the Coffmans drove in and out several 11 times. And I remember seeing Daniel Eastman ride his 12 bicycle by that Jefferson Place/Jefferson Road corner 13 several times. 14 Q Anything appear to be unusual or out of the ordinary 15 while you were out? 16 A No, sir. 17 Q Now, do you have any type animals at your home? 18 A Yes, sir. 19 0 What do you have? 20 A A rabbit and a dog. 21 Q Where's the dog reside? 22 A Backyard. 23 0 Anything unusual about your dog that evening? 24 A No, sir. 25 Q Now, I believe you say you went in around nine DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
168 1 o'clock? 2 A Yes, sir. 3 Q And what did you do at that time? 4 A I had a phone call. 5 Q How long were you engaged with that phone call? 6 A Until about 9:20. 7 Q How did you become aware of this phone call? 8 A My son came out and told me I had a phone call. 9 Q Now, when you went inside, where were the Nowotnys? 10 A On the front porch with my husband, Bob. 11 Q Was there anyone else out there besides the three of 12 them? 13 A On the porch? 14 Q Yes. 15 A No. 16 Q How long did your phone call take place? 17 A Twenty minutes. 18 Q And what did you do afteR that? 19 A I believe I watched the TV. 20 Q Now, what brought your attention then or what 21 happened to cause you to come back outside, I believe you 22 said, around 10:05? 23 A Our son came down and came to the den where we were 24 and told us that he saw a flashing red light, two police 25 cars out in the street. Something was going on. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
169 1 Q So what did you do at that point? 2 A We went outside. 3 Q Where did you go? 4 A Went out on the front porch or in the grass and 5 looked around to see where the activity might be or who 6 might be in trouble. 7 Q And where was that activity? 8 A Across the street at the Allen house, straight to the 9 east. 10 Q Now, you say we went outside. Who is "we"? 11 A My husband, Bob, and I and Jay. 12 Q And where did you go after you were there in that 13 area immediately outside your home? 14 A Went straight across the street to the -- straight 15 across the street to Jefferson Place to the Allen house. 16 Q And where did you go when you got there? 17 A To the driveway. 18 Q Did you go any further than the driveway? 19 A Yes. I went up to the car. 20 Q Did you go any further than the car? 21 A Not at that point. 22 Q Did you at any later time? 23 A Yes. 24 Q And where did you go? 25 A Up to the garage door. DISTRICT COURT OF OKLAHOMA 0FFICIAL TRANSCRIPT
171 1 A After they put Sandra in the ambulance, Steve 2 started -- it seemed like started to go with them; and 3 they said he couldn't go. 4 And he came back to the driveway, and I said 5 would you like for me to take you to the hospital. He 6 said no. 7 One of the policemen said who said that, and I 8 said I did. And he said would you please take him. 9 Q So at that time you took Mr. Allen to the hospital? 10 A Yes, I did. 11 Q What did you do with [his son]? 12 A Gave [him] to Sue Coffman. Either I gave him to Sue 13 Coffman or I gave him to Bob and Bob gave him to Sue 14 Coffman. 15 But it happened in a very short amount of time. 16 I believe it was straight to Sue Coffman. 17 Q Now, what vehicle -- did you use your vehicle or 18 someone else's vehicle to go io the hospital? 19 A My vehicle. 20 Q And who went in that? 21 A Steve Allen and I. 22 Q Can you tell us, Miss Herring, what, if any, 23 observations you made about Mr. Allen on your trip to the 24 hospital? 25 A Physical or emotional. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
172 1 Q Both. 2 MR. CARLSON: Sorry, Your Honor. I could 3 not hear. Sorry. I didn't mean to interrupt, but I 4 couldn't hear the answer. 5 THE COURT: She said physical or emotional. 6 Speak up a little. 7 Q (By Mr. Corgan) Why don't you start with your 8 physical observations of the defendant. 9 A Steve was -- had blood splattered on his body -- 10 Q What do you -- 11 A -- his clothes. 12 Q -- mean by that? 13 A By spattered? 14 Q Yes. 15 A Round circles, irregular in size in various places on 16 his body. 17 Q Where? 18 A From head to toe. 19 Q Okay. Anything else you noticed about him? 20 A He had blood on his chest and on his hands that were 21 different from the splattered blood. 22 It was, it was like dried blood; and as it 23 begins to dry, you don't get a full print. You get a very 24 irregular print of blood when it's beginning to dry. And 25 that was on his hands and on his chest. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
173 1 He also had a -- like a kitchen towel in his 2 hands, and he carried that in his hands. 3 It was hot that night; and Steve was hot 4 and sweaty, as we all were. 5 At one point, I reached over and put my hand on 6 his shoulder and patted his shoulder; and, you know, his 7 clothing was damp because it was so hot outside. 8 Emotionally, he seemed very stressed. 9 Q What do you mean by that? 10 A Uptight? I'm not sure. 11 Q Well, how did that manifest itself to you as being 12 very stressed? 13 A Fidgety. 14 Q Anything else? 15 A When you fidget in your seat. About emotional? 16 Q Yes. 17 A He put his hands in the rag and put them to his face 18 and started to weep, and he said I'm sorry I am crying. 19 Q Now, when he said that, could you understand him? 20 A Yes. 21 Q Did you have occasion to have any other conversation 22 with him? 23 A Yes, sir. 24 Q And, generally, can you tell us about that? 25 A When we got to the hospital, Steve asked me where to
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174 1 go, which direction to go in to get to the emergency room. 2 I told him just to go in the door and turn to 3 the right, and he would see the signs. 4 Q Have any problem understanding him when he asked you 5 those questions? 6 A No, sir, I did not. 7 Q And when you told him, then, gave him the directions, 8 did he respond to that -- 9 A Yes. 10 0 -- and go there? 11 A Yes, sir. 12 Q On your way to the hospital, did you have occasion to 13 have conversation with each other? 14 A Just I believe I remember him just saying Sandra, 15 Sandra, Sandra. 16 I told -- I asked him if he needed to talk, I 17 was available. And he said -- he didn't say anything. 18 And I said, well, let's just pray for Sandra. 19 Q And that was about the extent of it? 20 A In the car, yes, sir. 21 Q Now, after you arrived at the hospital, how long did 22 you stay there? 23 A Until about 1:00 p.m.-- no, 1:00 a.m. Excuse me. 24 Q And what did you do at that time? 25 A After I let Steve out, I parked my vehicle. I went
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175 1 inside. Well, I stopped and put my shoes on, went inside, 2 and asked where Steve was; and he was in a room behind the 3 nurses'station. 4 I went on in, and I sat down in the room with 5 him at that time. 6 Q And you stayed there until this later time? 7 A Yes, sir, either there or there and the nurses' 8 station. 9 Q And what was your occasion then in leaving? What 10 happened to cause you to leave? 11 A To cause me to leave. Steve left and went with his 12 preacher; and at that point, I left and went -- took a 13 couple with me. 14 And we went back to the neighborhood, and this 15 lady took [her son] home with her. 16 MR. CORGAN: I believe that's all. 17 MR. CARLSON: One moment, Your Honor. 18 --------------------------------------------------- 19 CROSS-EXAMINATION 20 BY MR. CARLSON: 21 Q Miss Herring, on the evening of June the 11th, 1990, 22 you saw Steve at approximately seven o'clock, did you not? 23 A Yes, sir. 24 Q All right. And when you saw him at approximately 25 seven o'clock that evening, he was mowing, wasn't he? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
176 1 A No, sir. 2 Q Okay. What was he doing at that time? 3 A At 7:00, he was leaving in his vehicle with [his son]. 4 Q Had he been mowing earlier that night? 5 A Yes, sir. 6 Q And about what time was he mowing? 7 A I imagine it was a little before 6:00, some before 8 6:00. 9 Q And when he was mowing, he was mowing the front part 10 of his lawn; isn't that correct? 11 A He could have been. It was basically on the south 12 side of the house, either on the east or the west of the 13 driveway. I'm sure he -- he did portions. You want more? 14 Q With regard to the way we have the Allen home drawn 15 up here, can you kind of show me -- and as I understand 16 what you're saying, he was mowing here and over here? 17 A The south of the house to the east or the west of the 18 driveway. 19 Q You never saw him mowing in the back part of his 20 lawn, did you? 21 A Back to the east of the house? 22 Q Yes. You never saw him mowing there. 23 A I don't believe so. I do not believe so. 24 Q Now, you said Steve was in the car on the way to the 25 hospital with you. You took him. That's correct, is it DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
177
1 not? 2 A Yes, sir. 3 Q And when he was weeping into a -- did you say a rag 4 or a towel? 5 A Like a kitchen towel. 6 Q All right. 7 A Small. 8 Q And as he weeped, you saw tears; isn't that true? 9 A It was dark, and I don't know that I saw tears, no, 10 sir. It was, it was dark outside; so I wouldn't say that 11 I did or I didn't. 12 Q You had no doubt that he was weeping though, did you? 13 A No, sir. 14 Q Now, you said that at some point, Steve said Sandra, 15 Sandra, Sandra? 16 A Yes, sir. 17 Q At what point was that? Where were you at, at that 18 time? 19 A You mean where -- driving in the vehicle? 20 Q Yes. 21 A At one time, I believe he said it in the vehicle; and 22 then another time, two different times in the room 23 behind -- in the hospital where he was waiting or we were 24 waiting. 25 Q You saw Steve drive by from south to north at nine DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
178 1 o'clock p.m. 2 A Yes, sir, from south to north. 3 Q And he never stopped at his house. 4 A Correct. 5 Q Now, at one point, you said that you saw Steve leave 6 the house and then turn around and come back. And that 7 was at approximately what time? 8 A The second time we saw him at the house? 9 Q Uh-huh. 10 A Could have been 8:00, 8:30. I do not know exactly 11 what time it was. 12 Q Is it a fair statement, Mrs. Herring, that out there 13 in that neighborhood, like most all neighborhoods, your 14 neighbors across the street would come and go off and 15 on-- 16 A Yes, sir. 17 Q -- at various assorted times? 18 A Yes, sir. 19 Q Fair statement that, you know, out there when people 20 are coming and going, it's pretty hard to really keep 21 track of who's coming and going and what times? 22 A Yes, sir. 23 Q Now, you got a phone call and went in the house at 24 9:05. 25 A About 9:00. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
179 1 Q About 9:00. I'm sorry. And I take it that Mr. 2 Herring and Mr. and Mrs. Nowotny then remained on the 3 porch? 4 A Yes, sir. 5 Q Now, and it was about nine o'clock when you saw 6 Daniel Eastman come riding around on the way to the 7 Coffmans, correct? 8 A I'm not sure what time that was. It happened several 9 times during the evening. 10 Q Several times during the evening, things happened as 11 you sat there on the porch, I assume. 12 A Correct. 13 Q And I take it that you, you know, weren't 14 specifically tuned in to what time Steve left his house 15 prior to nine o'clock. 16 A Correct. That's why I said it could have been. 17 Q Now, what time was it that you left for the hospital 18 from Steve's house? 19 A 10:45. 20 Q And you said when you left for the hospital, Steve's 21 shirt was damp, was that correct? 22 A Yes, sir. 23 Q I think you said it was damp like all of us were 24 perspiring. 25 A Yes, sir. It was hot that night, muggy. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
180 1 Q So this is nearly an hour later. 2 A Hour later than what? 3 Q Hour later from, you know, whatever time Steve got 4 home or more. And he's still perspiring; is that correct? 5 A I don't know what time he got home. 6 Q Let's assume he got home some, you know, let's assume 7 somewhere between 9:30 and 9:45. Let's assume that -- 8 A Okay. 9 Q -- for my question. But this is at 10:45. It's 10 approximately an hour later; and at that point in time, 11 Steve is still perspiring. 12 A Yes, sir. 13 Q Now, did you see where your husband, Mr. Herring, 14 obtained [his son] from? Whether he got [his son] from the car or 15 whether he got [his son] from Mrs. Coffman? Did you see him 16 actually obtain Erin? 17 A Which time? 18 Q Well, the first time. 19 A When we first walked over there. 20 Q Yes. 21 A And Mr. Garrison was at the door. I do not remember 22 that part. I do know he said he got him out of the car, 23 and that particular moment is not clear. 24 Q And you did testify that [his son] was clean, and he was 25 happy. He was not upset. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
181 1 A Correct. 2 Q And did he smell like he'd been freshly bathed? 3 A It's possible. 4 MR. CARLSON: Bear with me a moment, Your 5 Honor. 6 Q (By Mr. Carlson) Miss Herring, are you familiar 7 with the screen door back there at the Herring house? 8 A The Herring house? 9 Q I'm sorry. At the Allen house. 10 A On the south side? 11 Q It would be on the east side just off the patio? 12 A Back here? 13 Q Yes, ma'am. 14 A Yes, sir. 15 Q Tell us about your experience with that screen door. 16 MR. CORGAN: Your Honor, we're going to 17 object as being beyond the scope of direct examination. 18 THE COURT: Overruled. You may answer. 19 A I know it's there, and I'm not sure what you're 20 looking for. 21 Q (By Mr. Carlson) Okay. Let's make it a little more 22 specific. There's been an occasion when you and Mr. 23 Herring were over there and -- 24 A After June the 11th. 25 Q Yes. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
182 1 A Or before. After. 2 Q I'm not sure. Maybe it was after. But you were over 3 there, and Mr. Herring attempted to open the screen door? 4 A Yes, sir. 5 Q And it wouldn't open; is that correct? 6 A A week after Sandra died, we had walked around -- we 7 walked around the neighborhood. 8 And when we got back to our portion of the 9 neighborhood, we walked around the Allen house. And Bob 10 tried the door, the screen door; and it opened. 11 Q And it was locked. 12 A I don't know whether it was locked or not. It did 13 open. Now, a few moments later, we did lock it because we 14 did not want to go off and leave it unlocked because the 15 glass was out. And when we came back and tried it, it 16 would not open. 17 Q There was a point in time where one of you tried it 18 and it wouldn't open, and one of you tried it and it did 19 open; isn't that true? 20 A I don't believe so. 21 Q Do you remember calling and visiting with me about 22 the screen door? 23 MR. CORGAN: Again, Your Honor, we're going 24 to object. We're going far beyond the scope of direct 25 examination. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
183 1 THE COURT: You may answer. 2 Q (By Mr. Carlson) Do you remember calling and 3 visiting with me about the screen door? 4 A I believe so. 5 Q And do you remember relating to me that one of you 6 jiggled the screen door -- Mr. Herring jiggled the screen 7 door and it -- 8 A Opened. 9 Q Pardon me? 10 A It opened. 11 Q Yes. But you had tried it, and it would not open. 12 Do you remember? 13 A After we locked it and closed it and then we tried 14 it, it did not open. 15 Q But at the same time that Mr. Herring opened it, you 16 related to me, did you not, ma'am, that you couldn't get 17 it opened? Do you recall that? 18 A I cannot recall that right now. 19 Q And it's one of those -- it's sort of an old screen 20 door, isn't it? 21 A Yes, sir. 22 Q And it's a metal one? 23 A Yes, sir. 24 Q And it's one of those that sometimes if you hold your 25 mouth just right, it'll come open even though it's locked. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
184 1 Wouldn't you agree with that? 2 MR. CORGAN: Calls for speculation on the 3 part of the witness. We object to the form of the 4 question. 5 THE COURT; Sustained. 6 Q (By Mr. Carlson) Is it one that you can pull on and 7 you can pop it past the metal frame even though it's 8 locked, or do you know? 9 A I'm not sure about that, sir. I don't try their door 10 often. 11 Q I understand. Thank you. 12 ------------------------------------------------------- 13 REDIRECT EXAMINATION 14 BY MR. CORGAN: 15 Q Miss Herring, you said something about Mr. Garrison 16 at the door? Did I hear -- 17 A Yes, sir. 18 Q -- you say that? 19 A Yes, sir. 20 Q Who is Mr. Garrison? 21 A I believe he was the black patrolman who got there 22 first at the scene. 23 Q So when you say "Garrison," you're referring to a 24 black police officer that was there. 25 A Yes, sir. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
185 1 Q And if I told you his name was Grayson -- 2 A Okay. 3 Q -- would that -- 4 A Close. 5 Q But that's who you're referring to. 6 A Yes, sir. 7 Q And what was Mr. Grayson doing there at the door? 8 What observations did you make? 9 A He was standing there so no one would go in, I 10 imagined. 11 Q Did you attempt to go past him? 12 A No, sir. 13 Q Now, if I understand correctly, you and your husband 14 went there to the Allen home; and he opened the door. 15 A He? Who is he? 16 Q Your husband. 17 A Yes, sir. 18 Q And you don't know if that door was locked or not. 19 A I do not -- The screen door -- 20 Q Yes. 21 A on the east. I assumed since we locked it and 22 closed it that it was unlocked, but that was just an 23 assumption. 24 Q You assumed that it was unlocked because you then 25 locked it -- DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
186 1 A And closed -- 2 Q -- and couldn't open it. 3 A Correct. 4 MR. CORGAN: That's all. 5 ---------------------------------------- 6 RECROSS-EXAMINATION 7 BY MR. CARLSON: 8 Q Miss Herring, from the time the police had finished 9 with the house until you and Mr. Herring were over there 10 at the screen door, you saw no one around the home, did 11 you? 12 A Wrong. 13 Q I'm sorry? 14 A No, sir. I saw people there. 15 Q Did you see anyone go inside the house? 16 A Yes, sir. 17 MR. CARLSON: That's all we have, Your 18 Honor. 19 ------------------------------------------------- 20 REDIRECT EXAMINATION 21 BY MR. CORGAN: 22 Q Who did you see go inside the house? 23 A Mr. Carlson and Mr. Allen. 24 Q When was that? 25 A Friday after the funeral and Saturday morning, I saw DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
187 1 Mr. Allen's father, Mr. Allen, and Billy Brummett. But I 2 saw Mr. Brummett and Mr. Allen go in the screen door 3 closest to the garage. 4 Mr. Carlson and Steve went in the screen door by 5 the den on the east side of the house. 6 MR. CORGAN: That's all. 7 -------------------------------------------------------- 8 RECROSS EXAMINATION 9 BY MR. CARLSON: 10 Q And if, Mrs. Herring, there was testimony that that 11 screen door was left locked before you and your husband 12 went over there, you wouldn't disagree with that, would 13 you? 14 MR. CORGAN: Excuse me, Your Honor. That'd 15 be beyond the scope of re-redirect examination. 16 MR. CARLSON: He brought up who was there. 17 THE COURT: Sustained. It's just 18 speculation. Cover it by other witnesses if you need to. 19 MR. CARLSON: That's all we have, Your 20 Honor. 21 MR. CORGAN: That's all. 22 MR. CARLSON: Wait a minute. One moment, 23 Your Honor. 24 Q (By Mr.Carlson) Miss Herring -- 25 A Yes, sir. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
188 1 Q -- did I understand your testimony that you said we 2 went in the screen door? 3 A When? 4 Q On a Saturday or Friday. 5 A No, sir. 6 Q I'm talking about the screen door on the east side of 7 the house. 8 A We did not go in anywhere. 9 Q No. I'm sorry. We, meaning myself and Steve Allen. 10 A You went -- I saw you come out that door on Friday. 11 You came out and spoke to me. 12 Q But you never saw us go in that door. 13 A Correct. 14 Q All right. 15 THE COURT: Now, which door are we talking 16 about now? I've lost track of the doors. 17 A Which east door? I believe you came -- There are two 18 east doors. One faces south, and one faces east. 19 Q (By Mr. Carlson) Let's talk about the screen door 20 off of the patio. 21 A Off of the patio, the one that faces east. 22 Q Well, I'm sorry. The one that faces south off of 23 the, off of -- 24 A Den. 25 Q -- the patio door off of the den. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
189 1 1 A Okay. 2 Q All right? Maybe it would be easiest to get a 3 diagram. 4 A Okay. 5 Q I have a diagram; and if I say that I have reference 6 to the door that comes off of the family room, what's 7 designated here as a family room, which would be facing if 8 this is south -- 9 A Facing south. 10 Q Okay. You never saw us go in that particular door, 11 did you, ma'am? 12 A That is correct. 13 Q All right. And -- 14 A Because the first thing I saw was your truck. 15 Q Correct. And you saw us actually go in which door? 16 A I didn't see you go in the door. 17 Q Okay. I misunderstood you. I thought I heard you 18 say we went in a screen door. 19 MR. CARLSON: That's all we have. Thank 20 you. 21 THE COURT: Anything else? 22 MR. CORGAN: That's all. 23 THE COURT: Thank you, Miss Herring. You 24 may step down. Next witness. 25 MR. CORGAN: Robert Herring. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
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