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15		           IRVING MATTHEW COFFMAN
16	after having been duly sworn to tell the truth, the whole
17	truth, and nothing but the truth, testified as follows:
18		             DIRECT EXAMINATION
19	BY MR. CORGAN:
20	Q	Would you state your name, please, sir.
21	A	Irving Matthew Coffman.
22	Q	Mr. Coffman, where do you live?
23	A	I live at XXXX Lincoln Place.
24	Q	How long have you lived there?
25	A	Lived there approximately 15 years.

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1	Q	Would you tell us, please, sir, what your family
2	consists of?
3	A	My wife and I and then we have five children. Two of
4	them are away at college, so we have three at home.
5	They're 18, 16, and 12 -- or 13.
6	Q	What are their -- put some names for me, if you
7	would.
8	A	Brent and Michelle are away at school. And then
9	Allen is my oldest son at home. He's 18. Jeff is 16, and
10	then Candi is our youngest. She's 13.
11	Q	Mr. Coffman, do you know the defendant in this case,
12	Steve Allen?
13	A	Yes.
14	Q	And how are you acquainted with him?
15	A	Just from being a neighbor. We live catty-corner
16	from him.
17	Q	Explain, if you could, where you live in relation to
18	Mr. Allen.
19	A	Okay. We live south of him and east. There's a
20	street, Lincoln Place, runs to the south of his home; and
21	we live across the street and behind him.
22	Q	Now, is Lincoln Place a through street?
23	A	No.
24	Q	Where -- I guess, where doesn't it go or how does it
25	end?

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1	A	It runs from Jefferson Road, which is a through
2	street. It runs east and west, and it runs to the east in
3	front of our house.
4	And that's the end of the street. There's a
5	street light right behind the street there.
6	Q	Other than your home and the Allen home, are there
7	any other homes in that immediate area?
8	A	Yes. There are two others that -- The Allen home
9	is -- again, faces Jefferson Road; and the garage and the
10	side are on Lincoln Place.
11	And then across Lincoln Place from them is the
12	Larsen's home, and then our home is behind the Larsen's.
13	And then in front of us across and behind the
14	Allens' is the Vigesaa home.
15		So those are the four homes that are along that
16	street that we live on.
17	Q	I'm going to ask you to do something that I wouldn't
18	like to be asked to do because I'm not much of an artist.
19	And I'm not expecting any great piece of art.
20		But I want to move the board over to you. And
21	could you draw in the roads you've told us about and then
22	designate where these houses are?
23		Again, I'm not -- I don't want it scaled but
24	just kind of an understanding for us of the roads in that
25	area and the houses. Could you do that?

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1	A	Yes, sir.
2	Q	Mr. Coffman, what I'll do is I'll give you this
3	marker. I'll give you an opportunity to make your
4	drawing. Go ahead and put on there whatever you want to.
5		And then after you have finished with that, if
6	you'll take your seat; and I'll have some questions for
7	you.
8	A	(The witness complied with the request).
9	Q	Mr. Coffman, I handed you that pointer. Would you
10	show us -- and I may have you add it in a minute -- where
11	north would be on your diagram?
12	A	It would be straight this direction.
13	Q	And for the record, you're pointing to the top?
14	A	Yes.
15	Q	Would you explain to us what you have placed on your
16	diagram?
17	A	Again, this is the through street, Jefferson Road.
18	And the Larsens' home and the Allen home face onto that
19	street.
20	And then we live behind -- well, we live behind
21	the Larsens, and the Vigesaas live behind the Allens on
22	Lincoln Place.
23	Q	So as far as the front door of both the Allen home
24	and the Larsen home, what direction would that face?
25	A	It would face west, both of these houses.

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1	Q	Now, if I went north on Jefferson Road, would I
2	intersect with any other streets?
3	A	Yes.
4	Q	What would be the first Street that I would intersect
5	with?
6	A	There's two right close together, and I'm not sure
7	which one. There's Wilson Road, and there's also Church
8	Court. I think Church Court is slightly ahead of --
9	Q	Which direction would Church Court be from Jefferson
10	Road?
11	A	It would be to the west.
12	Q	And which direction would Wilson be in relation to
13	Jefferson Road?
14	A	It would be to the east.
15	Q	Do you know if there are any homes in that area, both
16	Church Court and Wilson?
17	A	Yes, there are.
18	Q	Now, if I went south on Jefferson Road, would I
19	encounter any roads?
20	A	Yes.
21	Q	What would that be?
22	A	You would encounter Lincoln Road.
23	Q	And what direction does it run?
24	A	It runs east and west.
25	Q	Could I ask you, sir, to add our direction marker and

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1	Wilson Road and Lincoln Road to your map?
2	A	Okay. (The witness complied with the request).
3	Q	Mr. Coffman, having lived in the neighborhood there
4	for some 15 years, are you acquainted with the neighbors
5	and the people that live in the neighborhood?
6	A	Yes, sir.
7	Q	Let me ask you, sir, if we were to proceed south past
8	the Larsen home going to Lincoln Road, would we run into
9	any other homes?
10	A	Yes, sir.
11	Q	And whose home would that be?
12	A	By the Larsens here would be the Vaclaws, and their
13	home faces on Lincoln Road. And next to them -- well, I
14	guess you don't want over there.
15	Q	Well, go ahead.
16	A	Well, over here is the Cowmans' home behind us.
17	Q	Cowman?
18	A	Yes.
19	Q	Now, if I were to proceed north past the Allen home,
20	would I run into any homes?
21	A	Yes, sir. Here -- right here on the corner of Wilson
22	and Jefferson is the Spears.
23	Q	What if I were to proceed then onto Wilson?
24	A	Then there are two homes back behind there. It's
25	very similar to our street. It's a two-house street back

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1	behind there.
2		And that's the -- Right here is the Eastmans,
3	and across the street are the Johnstons' home.
4	Q	What about on the west side of Jefferson Road? Are
5	there any homes in that area?
6	A	Yes, sir. There are really three here. On the
7	corner is the Hackers, and then next to them is the
8	Nowotnys.
9		And then right here in the Herrings' home, and
10	it faces right into our street.
11	Q	What about north of the Herrings? Is there --
12	A	Yes. There's one additional house, and it faces then
13	on Church Court.
14	Q	Who lives there?
15	A	I'm not sure I can recall the name right now.
16	Q	Okay. I got you on that one. Would you go ahead and
17	put on your map those homes that you are familiar with and
18	where they're located that you've told about -- the
19	Vaclaws, the Cowman, Eastman, Johnston, Herring, Nowotny,
20	and Hacker?
21	A	Yes, sir. (The witness complied with the request).
22	Q	Mr. Coffman, if I were to travel east past your home
23	and go past the street light there, what would I run into?
24	A	A vacant field.
25	Q	You have on your street there that street light

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1	marked. Do you know if that works?
2	A	Yes, it does.
3	Q	And do you know if it was working on June the 11th of
4	1990?
5	A	Yes, it was.
6	Q	Now, Mr. Coffman, can you tell us, please, sir, your
7	activities the evening of June the 11th of 1990?
8	A	It was a fairly hectic evening. We had two
9	missionaries from our church over for dinner.
10	And my two sons and I were getting ready for a
11	canoe trip later in the week.
12	And we had a meeting over at the church that
13	evening to make final preparations for the camping trip.
14	So we had dinner, and then we left the house
15	about -- a few minutes before 7:00. The meeting was at
16	7:00 over at the church.
17	And so we left the house, Allen, Jeff, and
18	myself, and went over to the house -- or went over to the
19	church.
20	And we were at a meeting over there till about
21	8:30. I'm not quite sure of the time there.
22	We came back to the house and spent a couple of
23	minutes, three or four minutes, deciding what to do next.
24	I had some aqua shoes my wife had purchased that
25	were too small, so I needed to replace those at the mall

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1	before it closed.
2	And we decided at the same time we needed to
3	take the missionaries home. They lived downtown.
4	So we left the house about 8:38, and I noticed
5	the time because of the mall closing and what needed to be
6	done in a short period of time.
7	So we went out to the mall. I had taken Jeff
8	with me, my son, Jeff. We went out to the mall, exchanged
9	the shoes, and then took the missionaries home.
10		And then it was just shortly before 9:00 that we
11	were coming back up Nowata Road to turn on Jefferson, and
12	I noticed the time was 8:58.
13	And I noticed that because the fact that we had
14	done all that in a short period of time.
15	And about that same time or shortly before then,
16	I remembered that we didn't have the tax number we needed
17	to purchase the food.
18	Jeff and I had the responsibility to purchase
19	the food for the canoe trip.
20	So we stopped back by the house, which would
21	have been approximately nine o'clock. He ran in and got
22	the tax number, and then we went to the store.
23	Q	Now, when you went back to your house around nine
24	o'clock there, did you go in?
25	A	No, I did not.

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1	Q	Where did you stay?
2	A	I stayed in the car.
3	Q	Jeff went in?
4	A	Right.
5	Q	How long would you say he was gone?
6	A	Oh, probably a minute or minute to two minutes maybe.
7	Q	What did you do after that?
8	A	We then left to go to Pricecutter to purchase some
9	food.
10	Q	As you left to go to Pricecutter, did you notice
11	anything in or around the Allen home?
12	A	At that time, I noticed that Steve was getting in his
13	car	-- or I can't say he was getting in his car.
14		     But I noticed -- I had the distinct impression
15	that he was leaving. So I saw him, and he was at the car
16	in his driveway at that time.
17	Q	What did you do then?
18	A	We just proceeded to -- we turned left and went up on
19	Lincoln Road and went to Pricecutter. We were at the
20	store for approximately an hour.
21		     And then we also proceeded to Skaggs because
22	there were a few things we hadn't gotten. We returned
23	home then.
24		     Well, we checked out of Skaggs, according to the
25	cash register tape, at 10:06; and we returned home about

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1	10:10 or something.
2		And at that time, all the emergency vehicles
3	were in our area.
4	Q	Now, when you came back home, what direction or route
5	of travel did you take?
6	A	When we came back home, we had gone on Washington
7	Boulevard and turned on Lincoln Road.
8		It's about three blocks out to Washington
9	Boulevard, and then we proceeded down here to the stop
10	sign here.
11	Q	What happened when you got there to the stop sign?
12	A	As we got to the stop sign -- well, the first thing I
13	noticed was there were cars backed up back here which it
14	was amazing to me.
15	And it wasn't until I actually started to turn
16	the corner, I recognized all the emergency vehicles that
17	were --
18	Q	Did you go ahead and turn the corner?
19	A	Yes, and proceeded about half way up the street here.
20	And at that point, one of the neighbors -- one of the kids
21	of the neighbors told us that something had, you know, at
22	the Allens, something had happened at the Allens.
23	Q	What did you do at that time?
24	A	We then proceeded to back up. I think we turned in
25	the Nowotnys, turned around, and we parked over at the

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1	Vaclaws' driveway because we couldn't get through to our
2	own home.
3	Q	What do you mean you couldn't get through to your
4 	home?
5 	A	Well, there was -- the ambulances were here
6 	and the fire trucks and several police cars, so it was -- the way
7 	was blocked at that time.
8 	Q	After you parked your vehicle there at the Vaclaws,
9 	did you ever move it that night?
10	A	No.
11	Q	Why not?
12	A	Well, we had talked to the police; and they asked us
13 	not to go ahead and drive down there. We had all these
14 	groceries in the car.
15 	So later on that evening, we did go back and
16 	carry those around to put in the refrigerator and that.
17	 Q	How did you get your groceries home?
18 	A	We carried them. Jeff, Allen, and I all, I think all
19 	three of us carried them home later that evening - later
20 	that night.
21 	What was your route to do that?
22 	A	We went out and around. So it would have been this
23 	way.  There are several fences in the yards that precluded
24	 you from taking the short -
25 	Q	You couldn't hop through the Cowmans' --

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1	A	No.
2	Q	-- or the Vaclaws' yard, those type things?
3	A	No.
4	Q	Now, did you have occasion to have any contact with
5	anyone in the Allen family that evening?
6	A	No direct contact. Again, I saw Steve two or three
7	times that evening; but I didn't have any direct contact
8	with him.
9	Q	What about any of the children? -
10	A	No, not that I'm aware of.
11	Q	After you got home, did you have occasion to see or
12	talk to any of the children?
13	A	At what time are you talking?
14	Q	After you bought the groceries.
15	A	When we got home -- well, it wasn't actually home.
16	When we got to the area, then my wife was over at the
17	Allen home; and we talked to her at that time.
18	Q	Where was she?
19	A	She was at the Allen home standing right over here
20	off the driveway.
21	Q	Was she alone or with someone?
22	A	She was with Allen and several of the neighbors that
23	congregated at that time.
24	Q	Did you see any of Mr. Allen's children in that area?
25	A	His youngest son was there.

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1	Q	Where was he?
2	A	He was with Bob Herring.
3	Q	And did you have any contact with [the child] that night?
4	A	Yes, I did.
5	Q	Tell us about that.
6	A	Mr. Herring had had the child; and it was shortly
7	after I got there that Steve had come out of the house and
8	wanted to get to the hospital. And his wife, Kay, had
9	volunteered to take him to the hospital.
10	Q	Now, whose wife would that be?
11	A	Bob Herring's wife.
12	Q	Okay.
13	A	And at that time, my wife volunteered we'll take [the child]
14	and you can go with your wife, and he didn't want to do
15	that. He wanted to keep the child at that time.
16		    But over -- I don't know -- about 10 or 15
17	minutes later, it just sort of dawned on him; and he
18	gave -- said I better go up to the hospital.
19		So he gave the child to my wife, and he started
20	crying at that point. So she handed him to me, and then
21	he quieted down.
22		    And we took him home and kept him until about
23	midnight or so when the Herrings came and got him and took
24	him to another family.
25	Q	What, if any, observations did you make about [the child] at

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1	that time as far as his demeanor or his physical
2	appearance?
3	A 	The thing that we noted -- I noted, and I think most
4	of my family noted, was that he was very clean that night.
5	But he didn't seem overly upset or anything.
6		Again, it seemed like he wanted a male or
7	something to hold him at the time; but he calmed down
8	quickly when we -- when I took him.
9	Q	Apparently, you had the touch that night.
10	A	Yeah, yeah.
11	Q	And obviously, with five children, you've got some
12	experience.
13	A	Yes.
14	Q	Mr. Coffman, I believe you mentioned in addition to
15	seeing the defendant at his home at 9:00 p.m., around 9:00
16	p.m., you said you saw him on some other occasions that
17	evening?
18	A	At about seven o'clock time when we went to the
19	church, we saw him out working in his yard -- or I saw
20	him. I don't know if the kids were paying that much
21	attention.
22	Q	Any other time?
23	A	And then again at 9:00, I saw him as it appeared he
24	was leaving.
25	And then the last time I saw him was after the

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1	emergency vehicles had arrived. And he came out of the
2	home and asked for this ride to the hospital.
3	         So it was a very fleeting time that I saw him at
4	that last time.
5	Q	You saw him those three different times.
6	A	Yes, sir.
7			MR. CORGAN: I believe that's all.
8	-------------------------------------------------------------------
9	                   CROSS-EXAMINATION
10	BY MR. CARLSON:
11	Q	Mr. Coffman, when you saw [the child] and you held him, he
12	smelled clean, didn't he?
13	A	Yes.
14	Q	He smelled to you like he had just had a fresh bath
15	not too long ago, didn't he?
16	A	Yes. I think that's what I had described.
17	Q	Okay. And he was in clean clothes, wasn't he?
18	A	Yes, sir.
19	Q	How long did you hold him, sir?
20	A	 Oh, I guess probably 5, 10 minutes. Wasn't too long
21	because my daughter, Michelle, who is normally away at
22	school was there that summer.
23	         And she and my other daughter took him pretty
24	shortly after we got him home, and they played with him.
25	Q	Now, you said that Steve was concerned about getting

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1	to the hospital there at the house; is that correct?
2	A	Yes, sir.
3	Q	And he appeared very concerned about Sandra; isn't
4	that correct?
5	A	He didn't really express anything about Sandra other
6	than just the need to get to the hospital.
7	Q	And there was sense of urgency that he needed to get
8	to the hospital.
9	A	Yes, sir.
10	Q	Now, you said that you saw Steve working in his yard
11	at approximately seven o'clock? Did I understand you
12	correctly on that?
13	A	Yes, sir.
14	Q	And Steve was mowing at that time, wasn't he?
15	A	Yes.
16	Q	With regard to this evening in question, at some
17	point, didn't you see Steve drive by his house?
18	A	No, sir, I didn't.	-
19	Q	Did you not ever see him drive by his house that
20	evening?
21	A	No, sir.
22	Q	At some point -- now, if you could locate for me the
23	Herring residence. I was over there a little way, so it
24	was a little hard for me to see where you were drawing.
25	But the Herring residence is right --
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1	A	Yes. It faces right into Lincoln Place.
2	Q	And the Nowotnys are right here too, are they not?
3	A	Yes.
4	Q	Okay. This is your home that you've labeled,
5	correct?
6	A	Yes, sir.
7	Q	And when you would come out here -- and this is a
8	dead-end street, is it not?
9	A	Yes, sir.
10	Q	Lincoln Place? And when you would come out of your
11	home, you would turn here and have to go down and go
12	either north or south on Jefferson, one of the two.
13	A	Yes, sir. That's the only way out.
14	Q	Now, you said that you thought you were at your home
15	around nine o'clock. Was that correct?
16	A	Yes, sir.
17	Q	All right. At that time, did you ever see the
18	Herrings or the Nowotnys out on the Herrings' porch?
19	A	No, sir, I didn't.
20	Q	Do you know which automobile you had the impression
21	you saw that particular evening? The blue automobile or
22	the green automobile?
23	A	I can't tell you, sir.
24	Q	And I assume that at this time when you were at your
25	house when you thought you saw an automobile --

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1			MR. CORGAN: Excuse me, Your Honor. I'm
2	going to object to the form of the question.
3			THE COURT: Sustain the form of the
4	question.
5	Q	 (By Mr. Carlson) When you were at the house that
6	you said that you saw an automobile, was it still light,
7	sir?
8	A	Yes.
9	Q	Now, your son was with you, I take it; is that
10	correct?
11	A	Yes, my son, Jeff.
12	Q	Okay. On that evening, there was a neighbor that
13	came over, a neighbor boy that came over and met with your
14	son, wasn't there?
15	A	Yes, sir.
16	Q	And that would have been Daniel Eastman?
17	A	Yes, sir.
18	Q	And Daniel lives, I'm going to say around here behind
19	you.  That's not a very good way to characterize it. I'll
20	say north of you; is that correct?
21	A	Yes, sir.
22	Q	And in order for Daniel to get to your house, if he
23	rode his bicycle, what would he have to do?
24	A	He would have to -- here's his driveway. He would
25	have to ride around.

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1		Then there is a sidewalk here in front of these
2	two homes around this way, so it would have been around
3	that way.
4	Q	And Daniel rode over to your house that evening and
5	talked to your son, Jeff, because they were getting ready
6	to go on a canoe trip.
7	A	He talked to my son, Allen. Jeff and I were at the
8	grocery store.
9	Q	I'm sorry.
10	A	So it was Allen that was still at home.
11	Q	So he talked to Allen. And after they visited
12	awhile, were you there when Daniel left -- Daniel Eastman?
13	A	No, sir.
14	Q	You were still at the grocery store?
15	A	Yes, sir.
16	Q	Now, counsel asked you about the home; and you
17	located the homes in the particular area. How long have
18	you lived there, Mr. Coffman, in that area?
19	A	I believe I said it was about 15 years.
20	Q	You have to bear with me sometimes. Sometimes over
21	here, you can't hear as well as up here.
22	A	Okay.
23	Q	With regard to someone if they left the Allen home on
24	foot and had, say, a 15 to 20 to 25 minute head start,
25	could someone disappear in that neighborhood?

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1			MR. CORGAN: Excuse me, Your Honor. I'm
2	going to object as being beyond the scope of direct
3	examination and calls for speculation on the part of this
4	witness.
5			THE COURT: Rephrase your question.
6	Q	 (By Mr. Carlson) Are there places where a person
7	could go if a person had 15 or 20 minutes lead time If
8	they left the Allen home on foot?
9	A	There are probably some places, yes.
10	Q	Thank you, Mr. Coffman.
11			THE COURT: Redirect?
12	--------------------------------------------------------------
13		            REDIRECT EXAMINATION
14	BY MR. CORGAN:
15	Q	Mr. Coffman, you say that Daniel Eastman came over
16	that evening?
17	A	Yes, sir.
18	Q	How do you know that?
19	A	At the meeting at the church at seven o'clock -- His
20	family had been out of town. Let me preface it that way.
21		     And they'd just gotten into town, so I don't
22	think he was aware at the meeting. But he was not at this
23	preparation meeting.
24		     So one of the assignments my boys and I had was
25	to have him over and let him know the things he needed to

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1	take to go on the camping trip.
2 	So that -- in the two minutes that -- well, I
3 	had told my son, Allen, as we left to take the
4 	missionaries and to go to the mall to call Daniel and have
5 	him come over and brief him.
6 	And then at this nine o'clock when we came back,
7 	I told Jeff remind him. You know, get the tax number and
8 	remind Allen to call and have him over.
9 	And so he called right about that time about
10 	nine o clock to have him come over.
11 	Q	So you assumed that Daniel was not at the home then.
12 	A	No, he was not.
13 	Q	Did you ever see Daniel that evening?
14	 A	No, sir.
15 	Q	So if he came to your home, it would have been when?
16 	A	Sometime after 9:00, shortly after 9:00.
17 	Q	And while you were sitting there in the driveway
18 	around 9:00, you didn't see Daniel.
19 	A	No, sir.
20 	MR. CORGAN:	I believe that's all.
21	MR. CARLSON:  We have nothing further.
22	 THE COURT:	Thank you, Mr. Coffman.
23	 MR. CORGAN:	Your Honor, at this time, we
24 	would ask that the chart be marked as State's -- I believe
25 	the next number would be State's Exhibit Number 4; and we

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1	would move its admission.
2			MR. CARLSON: We have no objection.
3			THE COURT: State 4 allowed. Anyone on the
4	jury need a break before the next witness?
5	         It might not be real long, but it'll be a little
6	bit. Anybody that -- Call your next witness then.
7			MR. CORGAN: Your Honor, we would call
8	Allen Coffman at this time.


 

lh1998-99, 2000