47 1 (THE NOON RECESS WAS HAD. AFTER WHICH THE 2 FOLLOWING PROCEEDINGS WERE HAD IN OPEN 3 COURT:) 4 THE COURT: All right. Show the jurors are 5 all back present and, Mr. Corgan, you may call your first 6 witness. 7 MR. CORGAN: Your Honor, the state, at this 8 time, would call as our first witness Terri Lippert. 9 -------------------------------------------------------------- 10 TERRI LIPPERT 11 having been first duly sworn to tell the truth, the whole 12 truth, and nothing but the truth, testifies as follows: 13 DIRECT EXAMINATION 14 BY MR. CORGAN: 15 Q State your name please, ma'am. 16 A Terri Lippert. 17 Q Miss Lippert, could I get you to try to adjust that 18 microphone where it's right up there in your face? State 19 your name please, ma'am. 20 A Terri Lippert. 21 Q Miss Lippert, what is your business, profession or 22 occupation? 23 A I'm a Bartlesville dispatcher. 24 Q Can you tell me please, ma'am, what training or 25 experience you have to be a dispatcher? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
48 1 A Training as in schooling? 2 Q Any type training you have in regard to your - 3 A Okay. When we first start Out we go through six 4 weeks training on each shift, midnights, day shift, 5 evening shift, before we're ever turned loose. Between 6 the first six months and the first year that you're there 7 you're sent to telecommunications school, you're certified 8 as a telecommunication operator. 9 You also -- I'm certified as an APCO, which 10 is a communications course. You're tested. And I'm also 11 certified at the APCO. You also periodically are sent off 12 to other type of schoolings. 13 Q Now, I believe you said for the first six weeks that 14 you're there with someone else? 15 A Correct. 16 Q Tell me how that works. 17 A You will train for two weeks on each shift. You have 18 somebody that is there with you training you, guiding you 19 along, telling you, you know, training you. Telling you 20 what to do and what type questions to ask, just learning 21 procedures and things like that. 22 Q Now, I believe you've said you hold two different 23 certifications, is that correct? 24 A Correct. 25 Q What are those? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
49 1 A Well, it's APCO, which is a telecommunications 2 course. I don't have the number or my certification 3 number right offhand. And the telecommunication, which is 4 a computer linked in nationwide. The national crime 5 computer and also it's linked in to all the states as far 6 as obtaining drivers license checks, criminal checks, 7 things like that. 8 Q Tell me how long that you have been employed as a 9 dispatcher. 10 A Five years. 11 Q Now, tell us, if you would please, ma'am, what it is 12 your job as a dispatcher entails. What is it that you do? 13 A We dispatch fire, police and ambulance. 14 Q What do you mean when you say dispatch? 15 A We obtain the information as the call comes in. We 16 dispatch appropriate units that need to be responded. If 17 they need an officer we respond an officer. If it's a 18 sick call, like a heart attack, stroke, we'll dispatch 19 ambulance and also a fire unit if it's needed. 20 Q Who makes the determination as to what, if any, units 21 you dispatch? 22 A Dispatch does. 23 Q And that would be you as dispatcher? 24 A Yes. 25 Q And what do you base your decision on in order to DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
50 1 decide well, we need an officer or ambulance and the fire? 2 What do you base your information on in order to make that 3 determination? 4 A If it's a sick call, maybe the person is having 5 difficulty breathing, we will respond an ambulance. And 6 it could turn into a code blue before they get there. So 7 if your fire unit is maybe a closer responding unit, you 8 would also go ahead and respond a fire unit. 9 Q Okay. Where do you get the information though to 10 determine if it's a sick call or a fire unit or whatever? 11 A From the person that's calling in. 12 Q Now, you mentioned some terminology a minute ago that 13 we may not all be familiar with. I believe you said code 14 blue. Would you explain to the court and the jury what 15 you mean when you use that terminology code blue? 16 A Code blue means the person's either stopped breathing 17 or they no longer have a heart beat. 18 Q Now, as a function of your duties and 19 responsibilities as a dispatcher, do you have any work or 20 responsibility in regard to 911 calls? 21 A Yes, I do. 22 Q Tell us what, first of all, a 911 call would be and 23 then how you handle and your responsibilities for that. 24 A Okay. Basic 911, which is what we had when the Steve 25 Allen call came in at the time, is just on the panel it DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
51 1 will show the phone number only. Since that time we have 2 obtained enhanced 911, which shows telephone number, 3 street address, the name of the person that the phone 4 number checks to, your closest fire or dispatch fire unit, 5 ambulance, and what district that that would check to. 6 Q But you didn't have those enhanced things back June 7 11th, of 1990? 8 A No, we had basic 911. 9 Q Let's talk about June 11th, 1990, and I want to talk 10 generally for a second about 911 calls. At that time 11 period when you would receive a 911 call, how would you be 12 aware of that? 13 A It would ring in on -- it shows 911 lines on the 14 panel. 15 Q And what do you mean by panel? 16 A Okay. In front of us there is a panel about this 17 big, and it flashes -- when you punch into the line, which 18 it's marked 911 on the panel, the number will 19 automatically come up on the screen. 20 Q And that's what would happen in regard to a 911 call 21 back June 11th of 1990? 22 A Yes. 23 Q Let's talk about June 11th of 1990. Were you working 24 that particular day? 25 A Yes. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
52 1 Q And did you have occasion to take a 911 call in 2 regard to this case? 3 A Yes, I did. 4 Q Now, when you took that call, were you able to 5 understand the caller? 6 A Yes, I was. 7 Q Was he able to -- well, first of all, the call. Can 8 you tell us the sex of the caller? 9 A It was a male. 10 Q When you -- did you have occasion to ask him 11 questions? 12 A Yes, I did. 13 Q And when you asked him questions was he able to 14 respond to your questions? 15 A Yes, he was. 16 Q Did you have to repeat any of your questions to the 17 caller? 18 A No. 19 Q Could you describe for us what, if any, observations 20 you made as to the demeanor of the caller as you took the 21 call? 22 A Are you stating his attitude or his tone? Is that 23 what you're saying? 24 Q Any observations you made in that regard. 25 A I thought the man was very under control considering DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
53 1 the circumstances. 2 Q And why did you come to that opinion? 3 A Well, it's -- usually a person will be so hysterical 4 in that type situation -- 5 MR. CARLSON: Your Honor, we're going to 6 object, Your Honor, unless she can tell us about Steve's 7 voice. This has to do with other people. 8 THE COURT: Overruled. You may continue. 9 A Usually in a type situation like that a person will 10 be so hysterical that they may not remember to give you an 11 address or a name or even tell you what's going on. They 12 may just blurt out that they need an ambulance or a police 13 officer and hang up. 14 Q (By Mr. Corgan) Did that happen in this case? 15 A No. 16 Q Now, Miss Lippert, during your time as a Bartlesville 17 police dispatcher, have you had occasion to take other 911 18 calls? 19 A Yes, I have. 20 Q Could you tell us on how many occasions? 21 A Quite numerous. 22 Q Okay. When you receive a 911 call, or for that 23 matter any type of call, is there any type of record made 24 of that? 25 A Yes. We have a recording system that is hooked up to DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
54 1 all lines coming in, whether it's 911, emergency lines or 2 nonemergency lines, they're recorded. Any air traffic is 3 recorded. 4 Q What do you mean by air traffic? 5 A Policeside, fireside, state net. It doesn't matter 6 which side, which frequency, it's all recorded. 7 Q Now, you're going to have to help me for a minute 8 because you're using some language that obviously means 9 something to you but may not mean something to the rest of 10 us. When you talk about policeside, fireside, state net, 11 tell us what you mean. 12 A Okay. When I say policeside, which is your police 13 frequency. We have eight different frequencies, I 14 believe. There's a police frequency, a Bartlesville fire 15 frequency, ambulance will run on the Bartlesville police 16 frequency. State net is for like the highway patrol. We 17 have countyside, Washington County frequency. 18 Q And would those things b~. recorded then? 19 A Yes. 20 Q How are they recorded? 21 A There's a recording system that we have in the back 22 of dispatch that's hooked up to all those frequencies. 23 Q You're talking about tape recording? 24 A Right. 25 Q Other than this tape recording that's made, is there DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
55 1 any other kind of record as far as what's done in regard 2 to a call? 3 A We have call cards that are punched by a time clock 4 when a call comes in. 5 Q And who handles those? 6 A The dispatcher. 7 Q Now, Miss Lippert, in regard to the call, the 911 8 call that was made and recorded in this case, have you had 9 an opportunity to listen to that? 10 A To the tape? 11 Q Yes, ma'am. 12 A Yes. 13 Q Have you also had an opportunity to listen to a copy 14 of that tape? 15 A Yes, I have. 16 Q And after listening to those calls, did you do 17 anything in regard to the tape? 18 A I took a transcript off of it. Is that what you're 19 talking about? 20 Q Tell us what you did. 21 A Okay. The reel-to-reel, which is the recording 22 system that we have in the back of dispatch, we took a 23 cassette player and copies off the call onto a cassette 24 tape. Then from the cassette tape I transcribed the call. 25 Q And what do you mean by transcribed? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
56 1 A I took down word for word what the caller had said 2 and what had taken place. 3 Q And did you compare your transcription to the tape? 4 A Yes, I did. 5 Q And was your transcription a true and accurate copy 6 of what you heard on the tape? 7 A Yes, it is. 8 Q Now, Miss Lippert, is everything in that tape 9 understandable? 10 A No. There's some parts that cannot be understood. 11 Q And did you designate that on your tape? 12 A Yes, I did. 13 Q Miss Lippert, I'll hand you what's been marked as 14 State's Exhibit No. 1 for identification purposes, and I'd 15 ask you, ma'am, if you would examine that and state for 16 the record what that is. 17 A This is a transcript of the 911 call taken on the 18 Steve Allen call. 19 Q And would that be a true and accurate -- is that the 20 transcription that you've previously told us about? 21 A Yes, it is. 22 MR. CORGAN: Your Honor, at this time we'd 23 move the admission of State's Exhibit 1. 24 MR. CARLSON: We have no objection, Your 25 Honor. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
57 1 THE COURT: State's 1 allowed. 2 MR. CORGAN: Your Honor, in that regard, I 3 am going to have some questions of the witness in regard 4 to State's Exhibit No. 1. I've made 14 copies of that and 5 ask at this time that we might be allowed to furnish the 6 jury with those copies. We think it would aid in the 7 witness's testimony. 8 MR. CARLSON: Approach the bench, Your 9 Honor. 10 (AN OFF-THE-RECORD DISCUSSION WAS HAD 11 BETWEEN COURT AND COUNSEL OUTSIDE THE 12 HEARING OF THE JURY.) 13 THE COURT: Please resume then. Thank you. 14 Q (By Mr. Corgan) Miss Lippert, I'll hand you now 15 what's been marked now as State's Exhibit No. 3 for 16 identification purposes, and ask you, ma'am, if you would 17 examine that and tell us what that is and if you recognize 18 it? 19 A This is the cassette tape taken from the reel-to-reel 20 of the Steve Allen call. 21 Q And would that be what you used in making your 22 transcription? 23 A Yes, it is. 24 Q And have you had an opportunity to listen to that 25 particular tape to make sure that it is the copy of the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
58 1 reel-to-reel? 2 A Yes, I have. 3 MR. CORGAN: Your Honor, at this time I 4 would move the admission of State's Exhibit 3. 5 MR. CARLSON: There's the tape? 6 MR. CORGAN: Yes. 7 MR. CARLSON: We have no objection. 8 THE COURT: State 3 allowed. 9 MR. CORGAN: Your Honor, in that regard we 10 would ask leave of the court at this time to play for the 11 jury State's Exhibit No. 3 and to furnish them with 12 State's Exhibit No. 1 so that they might follow the 13 transcription as the tape is played. 14 THE COURT: Did you have any foundational 15 questions before that? 16 MR. CORGAN: No, Your Honor. Not at this 17 time. 18 THE COURT: Go ahead. Are you going to 19 play that from start to finish? 20 MR. CORGAN: Yes, Your Honor. 21 THE COURT: She won't be reporting the 22 playing of the tape. 23 MR. CORGAN: And if I might, Judge, I'd 24 like to put this on the jury rail, if I could. 25 THE COURT: Okay. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
59 1 (AT THIS TIME STATE'S EXHIBIT NO. 3 WAS 2 PLAYED FOR THE JURY, AFTER WHICH THE 3 FOLLOWING PROCEEDINGS WERE HAD:) 4 Q (By Mr. Corgan) Miss Lippert, if I might, I'd like 5 to call your attention to the transcript, State's Exhibit 6 No. 1, and I have some questions for you please, ma'am, as 7 in regard to that. Could you tell us, about I'd say half 8 way down on page four there's a mention of a Charlie 34. 9 Would you tell who Charlie 34 was? 10 A Charlie 34 is Darrell Grayson. 11 Q Tell us what -- I also notice on further down that it 12 talks about, I believe, Charlie 11. Do you see towards 13 the bottom on page one there's a Charlie 11 and a Charlie 14 28. Can you tell us who Charlie 11 was? 15 A Charlie 11 is Tony Benton. 16 Q And Charlie 28? 17 A Is Richard Remington. 18 Q What does it mean, what's your 20? 19 A What's your location. 20 Q Now, at some point there on the first page you 21 contact the ambulance service, is that correct? 22 A Yes. 23 Q And when you do that, or when you did that in this 24 case, what happened to the caller? 25 A He's placed on hold. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
60 1 Q Could you show us on the transcription there during 2 what period of time the caller would have been on hold? 3 A Okay. It starts about almost towards the bottom of 4 the first page where it states Charlie 11, what's your 20. 5 He was -- I state, stay on the phone. Don't hang up. 6 From that point to where it says okay, the ambulance is on 7 the way, sir. 8 Q So during that time you did not have contact with the 9 caller other than the fact that the caller was on the 10 phone? 11 A No-- 12 Q On hold. 13 A -- I did not. 14 Q You couldn't hear the caller and the caller could not 15 hear you, is that right? 16 A Correct. 17 Q Now, Miss Lippert, you made a mistake as far as 18 repeating what it is you were told, didn't you? 19 A Yes, I did. 20 Q And tell us what you did in that regard. 21 A He advised he saw the suspect run across his 22 backyard. 23 Q And what did you say? 24 A I advised the officer that the suspect had run out 25 the backyard or backdoor and to the south. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
61 1 Q And that would be reflected on the transcript, is 2 that correct? 3 A Yes, it is. 4 Q I notice on page three up at the top there's 5 something that says 139. Would you explain to us what 139 6 is? 7 A 139 is the Bartlesville Ambulance. 8 Q So whenever we see that that would be referring to 9 the ambulance? 10 A Yes. 11 Q Now, let me call your attention to I guess it would 12 be the one, two, three, fourth line there on page three 13 where it says ambulance be in route to Jefferson Road. Is 14 that down around Price Cutter. Do you see that? 15 A Yes. 16 Now, did you have a chance to respond to that? 17 A Yes, I did. 18 Q Okay. Did anyone else respond to that? 19 A Mr. Allen had come back when he heard the ambulance 20 ask or advise they were in route to Jefferson Road and 21 asked if it was down around Price Cutters. He came back 22 and advised it was two blocks off of Nowata Road, south 23 off of Nowata Road. 24 Q So, can- 25 -A That's when I went back to the ambulance service and DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
62 1 advised it was south off of Nowata Road. 2 Q So, can I assume from that that not only he can hear 3 you but he can hear other things? 4 A Yes. 5 Q What other things would he be able to hear? 6 A He can hear the police officers responding or their 7 radio traffic. He could also hear the ambulance service 8 and their radio traffic, and also when the fire units were 9 dispatched he can hear them also. 10 Q Now, on page four about half way down you say 11 something about encoding fire department. Do you see 12 that? I'm going to need you to answer audibly. 13 A Yes. 14 Q What do you mean when you say that? 15 A This is when we had the old system, which we have a 16 panel in front of us. It has buttons and each station has 17 a certain code that you would punch in and set it off. 18 When you punch it out and then. encode, it goes over the 19 air. It responds the alarm at the station, raises the door 20 and they can hear us come over the PA system and dispatch 21 the call. 22 Q So, that's what would actually happen at the fire 23 department when you encoded them? 24 A Yes. 25 Q And they would hear what's attributed to the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
63 1 dispatcher's sending station three to 1808 Jefferson Road 2 and then the rest of that? 3 A Yes. 4 Q Can you tell us who Charlie 1 is? 5 A Lieutenant Gus Davis. 6 Q And Charlie 7? 7 A Is Officer Tony -- I'm sorry. Officer Herb dine. 8 Q And Charlie 11? 9 A Is Officer Tony Benton. 10 Q Now, Miss Lippert, I believe you told us that in 11 addition to the tape itself you have another way in which 12 you can document services provided to a particular call, 13 is that right? 14 A Yes. 15 Q And how is that done? 16 A We have a call card, which when the time -- when the 17 call comes in they're plugged by a time clock. 18 Q And, now, tell me what you mean by plugged with a 19 time clock. 20 A Okay. You take a card, a call card, which has a 21 designated number. You stick it into the time clock and 22 punch or plug what time the call comes in. 23 Q When you say plug, it's like -- you mean the same 24 thing as punch? 25 A Right. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
64 1 Now, were there any call cards kept in regard to this 2 case? 3 A Yes, there was. 4 Q Would there be more than one call card in a case? 5 A Yes, there is. 6 Q And how many call cards would there be? Well, let me 7 strike that and ask you, would there always be the same 8 number of call cards? 9 A There would be one designated call card. When I say 10 that, it has the case number at the top. It's the red 11 number in the upper right-hand corner. If there was any 12 other -- which goes to the first responding unit, which 13 would have been Darrel Grayson. The call was initially 14 put out to him. Any backing unit, which would have been 15 Tony Benton, would have gotten a same type call card only 16 it would not have a number at the top. - 17 Q What about like ambulance, fire? Will there be call 18 cards for those people as well.? 19 A Yes. Ambulance service is just like a backing unit. 20 They have a unnumbered card. Fire departments are a 21 different color and also have the red number up in the 22 upper right-hand corner. 23 Q Now, you said when you first make the call you plug 24 it or punch it, is that right? 25 A Yes. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
65 1 Q Do you plug it or punch it any time after that? 2 A It's plugged again when you give the call out to the 3 responding unit which shows the time that they responded 4 to the call. It's plugged again when they arrive at the 5 scene. It's plugged again when they have completed their 6 investigation or have finished their call and have cleared 7 the call. 8 Q Now, I guess those are some particular police 9 numbers, right? 10 A Yes. 11 Q When you arrive at a scene what do you call that? 12 A 10-97. 13 Q When you leave a scene what do you call that? 14 A 10-8 or 10-98. 15 Q Is there a difference? 16 A No. 17 Q Now, in regard to this particular case, were there 18 any call cards prepared? 19 A Yes, there was. 20 Q And who did that? 21 A I did. 22 Q Miss Lippert, I'll hand you now what's been marked as 23 State's Exhibit No. 2 for identification purposes and ask 24 you if you would examine that and, first of all, tell us 25 what State Exhibit 2 consists of as far as number of DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
66 1 items, and then, if you know, what it is. 2 A Okay. This is the original call card of the Steve 3 Allen call. There are six call cards, responding units. 4 Q And would those be the originals of those call cards 5 that you dealt with or punched or plugged on June the 6 11th, 1990? 7 A Yes, they are. 8 MR. CORGAN: Your Honor, at this time we'd 9 move the admission of State's Exhibit No. 2. 10 MR. CARLSON: We have no objection, Your 11 Honor. 12 THE COURT: State No. 2 allowed. 13 Q (By Mr. Corgan) Miss Lippert, I've handed you back 14 now State's Exhibit No. 2, and would you please go 15 through, starting with top card and explain what each card 16 designates or the significance of that? And before you do 17 that, let me ask you, are the cards in any particular 18 sequence as far as how you dispatched them or how you 19 plugged the cards? 20 A No, they're not. 21 Q Starting with that card on the top and tell us what 22 that is, please. 23 A Do you want me to start with the originating card or 24 just the one on the top. 25 Q No, I want you to just start with the card that's on DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
67 1 the very top and then go through and tell me about each 2 card and tell us when you get to the originating card. 3 A Okay. The first card is Charlie 28, which is Richard 4 Remington. It shows that he arrived on the scene, which 5 is 10-97 time, at 22:05 hours. He went 10-98, which is 6 the time he left the scene, at 23:45 hours. 7 Q Okay. Now, help us. Will you translate those for us 8 into - 9 A Okay. It's military time. 22:05 hours is five 10 minutes after ten. 10-98, which is 23:45 hours is a 11 quarter till eleven. 12 Q So what does that card mean in regard to Richard 13 Remington? 14 A He was a backing unit. 15 Q And he was in that location for those time periods? 16 A Yes. 17 Q Would that take care of card number one? 18 A Yes. 19 Q Please go on to card number two. 20 A Number two is 139, which is the Bartlesville 21 Ambulance responding to the scene. It shows the time that 22 the card was punched, which is 22:01 hours, which is one 23 minute after ten. They were in route to the scene, which 24 is 10-96, at two minutes after ten. They were a 97 on the 25 scene at 11 minutes after ten. They went in route to the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
68 1 hospital code one at 24 minutes after ten and arrived at 2 the hospital at 28 minutes after ten. 3 Q Okay. Let me stop you for a minute. How can you 4 determine from looking at the card like when they were 5 dispatched, when they arrived, those type things? 6 A Okay. Over at the right-hand side of the card is the 7 time that I had called the ambulance service, which is one 8 minute after ten. 10-96 up in the upper left-hand corner 9 is the time that the ambulance was in route to the scene 10 which is two minutes after ten. 10-97 in the upper middle 11 of the card shows 22:11 hours which is the time that they 12 arrived on the scene which is 11 minutes after ten. Down 13 here where it says code one is the time that they advised 14 they were in route to the hospital, code one at 24 minutes 15 after ten. The 10-98 in the upper right-hand corner shows 16 the time that they arrived at the hospital, which was 28 17 minutes after ten. 18 Q Okay. So in regard to the card, with the exception 19 of the code one designation, it shows -- I mean, it's 20 printed on your card the various times. Like time call 21 received 10-96, 10-97 and 10-98, is that right? 22 A Yes. 23 Q And would that be in regard to all the cards? 24 A Yes. 25 Q That would be the same way? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
69 1 A Yes. 2 Q So, if I wanted to follow a unit, I could start on 3 the box on the right-hand side and that would tell me when 4 the call was received, is that right? 5 A Correct. 6 Q And then if I took the top left-hand corner, that 7 would tell me when they were in route, is that right? 8 A When it was dispatched and they responded to the 9 call. 10 Q And that's the 10-96? 11 A Right. 12 Q The 10-97 would be in the middle and that's when they 13 arrived. 14 A Correct. 15 Q And then on the top far right-hand corner 10-98 would 16 designate when they left? 17 A Correct. 18 Q Is that right? 19 A Correct. 20 Q And that would be the same as to all of the cards? 21 A Yes. 22 Q Tell us, please, about the third card that you have. 23 A The third card is Charlie 11, which is Officer Tony 24 Benton. It shows that he also responded at the same time, 25 which is one minute after ten, and he arrived at the scene DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
70 1 at five minutes after ten. It does not show his time that 2 he left the scene. 3 Q Would that complete it as to Officer Benton's card? 4 A Yes. 5 Q Please go on to card number four. 6 A Card number four is the originating call card, which 7 is the first responding unit which would have been Officer 8 Darrell Grayson, Charlie 34. 9 Q Now, would that be the card that you told us about 10 that would have some red numbers on it? 11 A Yes. 12 Q And tell me again what that designates. 13 A Each call that you take shows a number in the upper 14 right-hand corner. That's how we document our calls that 15 come in. They come in in sequence. 16 Q Tell us what that card shows. 17 A 9012934. 18 Q And go for us through the., various number, the 10-96, 19 97 and those things. 20 A Okay. The call came in at 22:00, which is ten 21 o'clock. He was 10-96 or in route to the call at 22:00 or 22 ten o'clock. He arrived on the scene at 22:05, which is 23 five minutes after ten. He was 10-98 or cleared his call 24 at seven minutes after midnight. 25 Q How do you translate military time to regular time? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
71 1 A I'm not sure what -- 2 Q Okay. How do you do it, or is that just a matter of 3 having worked with it? 4 A Just a matter of having worked with it, dealing with 5 it every day. 6 Q Now, in regard to your originating card, and I 7 believe that's card number four in our stack, is that 8 right? 9 A Yes. 10 Q Is there any writing on the card other than what 11 you've told us about these numbers? 12 A Yes. It shows the address where the unit is 13 responding to, the caller's name, the caller's phone 14 number. Also there is a district number which shows the 15 section of town that the officer is working, and it's 16 further broke down into a quarter section. 17 Q And is that for geographical purposes? 18 A Correct. 19 Q Other than that general information, is there any 20 other writing on the card? 21 A It shows the signal code, which is the type call that 22 they have been responded to. 23 Q Does there appear, other than the caller's phone 24 number, any other phone number or any other information? 25 A There is some information that has been jotted down DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
72 1 here that was called in at another location on Jefferson 2 Court of a black male that was in the area. 3 Q Okay. Tell us what that says? 4 A It shows 3209 Jefferson Court. The phone number was 5 335-0250. It shows a black male, white T-shirt, blue 6 jeans, and he was southbound at Jefferson Place and 7 Wayside. 8 Q Now, who put down that information? 9 A I did. 10 Q And why did you put that down? 11 A Could have been a possible suspect. 12 Q And how did you receive that information? 13 A I had -- the person, whoever lives at 3209 Jefferson 14 Court call it in and give us this information. 15 Q Now, after you received that information, did you do 16 anything with that? 17 A I dispatched it -- a unit in the area. 18 Q And do you know who that would have been at this 19 time? 20 A No, I don't. I don't recall. 21 Q Now, as far as the originating card, would that take 22 care of the information on the originating card? 23 A Yes, it does. 24 Q Let's proceed then to card number five of those call 25 cards. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
73 1 A Okay. It shows 564, which would have been the 2 investigator Eddie Mason. He was in route to the scene at 3 22:14 hours, which would have 14 minutes after ten. He 4 arrived at the scene at 22:22, which would have been 22 5 minutes after ten. I do not show a time that he left 6 the scene. 7 Q And would that complete as far as his card? 8 A Yes. 9 Q And what about card number six then? 10 A Shows 562 which is Investigator Steve Gardella. And 11 it shows he arrived at the scene at 23:06 hours, which is 12 six minutes after eleven. 13 Q And is that all it shows? 14 A That's all the information on the card. 15 MR. CORGAN: Your Honor, I believe that's 16 all. 17 MR. CARLSON: Your Honor, we'll need to set 18 up a screen if you'll bear with us for just a minute. 19 ---------------------------------------------------------- 20 CROSS-EXAMINATION 21 BY MR. CARLSON: 22 Q Miss Lippert, do you have any particular 23 certifications in the area of psychology? 24 A Psychology? 25 Q Yes, ma'am. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
74 1 A No. 2 Q Okay. Do you have any particular certifications in 3 the area of linguistics? 4 A No, sir. 5 Q What about with regard to people's voice patterns and 6 what they exhibit when they speak? Do you have any 7 particular training in that regard? 8 A Only by experience. 9 Q Okay. What about with regard to any particular 10 training in regard to a person's breathing when they're 11 speaking as to whether or not they exhibit stress as to 12 whether or not they're exhibiting anxiety? Do you have 13 any particular certification or training in those 14 particular areas? 15 A We're trained to deal with a caller if they call in, 16 to calm them down as far as our voice we speak calmly and 17 slowly, bring them down so you can understand them. 18 Q Okay. But you have no particular certification, 19 isn't that true, in regard to the evaluation of their 20 voice so far as their voice pattern and their speaking and 21 their breath, whether or not they exhibit anxiety or 22 stress, do you? 23 A No, sir. 24 Q Now, with regard to the particular statement right 25 here on the screen where we talk about he advised somebody DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
75 1 ran out the back door, you said that you made a mistake in 2 that regard? 3 A Yes, sir. 4 Q Is that correct? 5 A Yes, sir, I did. 6 Q When, in fact, what he really said was, if I read 7 right here it says when I came into the house I saw 8 somebody run through, and that should be my instead of by. 9 A Correct. 10 Q Run through my backyard. I've left my boy in the 11 car. My boy's in the car right now outside. And then you 12 put out -- this dispatcher went out over the air to the 13 officer, he advised somebody ran out the back door. 14 A Yes. 15 Q Okay. You would agree with me then that people, even 16 yourself, make mistakes in stressful situations, wouldn't 17 you, ma'am? 18 A Yes, they do. 19 Q Wouldn't surprise you then if Steve made mistakes so 20 far as what he would say in a stressful situation, would 21 it, ma'am? 22 A No, it wouldn't. 23 Q Now, the first thing that Steve said to you was help 24 me, please. 25 A Correct. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
76 1 Q But the first thing that I notice, ma'am, is that you 2 did not dispatch an ambulance at that point, is that 3 correct? 4 A I obtained his address and the information I needed 5 in order to call the ambulance service. 6 Q Okay. Now, I noticed also that with regard to page 7 two of your transcript, and I ask you to review your 8 transcript, but again no place do I ever see where Steve 9 has said that he went out the back door prior to you, 10 prior to your statement where you say okay, could you see 11 which way he ran when he went out the back door. There's 12 nowhere prior to that that Steve has ever used the word 13 that -- word that he ran out the back door, did he? 14 A No, sir. 15 Q But yet we know that Steve right here, right after 16 that he says, when he came out he was headed south. He 17 saw me. He turned and he went north. You agree with 18 that, don't you? So Steve is in a mode of where he's just 19 going along with you, isn't he? 20 A I couldn't say that, sir. 21 Q Well, is he -- he's agreeing with you at that point, 22 I guess, is he not? 23 A Yes, he is. 24 Q Or at least seems to be, doesn't he? At that point 25 in time seems to just be agreeing with you. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
77 1 A I couldn't say that either. 2 Q Okay. Do you know about people, ma'am, that will, 3 when you ask them a leading question they'll just go along 4 with you in a stressful situation? Do you know about 5 that? 6 A I just take the information and put it out, sir. 7 Q Okay. All right. Now, you have stated on direct 8 examination, and you agree with us, that you did 9 misinterpret some things that Steve said, is that correct? 10 A That's correct. 11 Q And I reviewed your transcript, but I never found 12 anywhere in the transcript where you ask if Sandra Allen 13 was breathing. 14 A Yes, sir. I did ask if she was breathing. 15 Q Correction. You said she was not breathing. I'm 16 with you. I find that. Prior to that time had you ever 17 asked -- this is on the last page. Prior to that time had 18 you ever asked if she was breathing? 19 A No, sir, I did not. 20 Q All right. Do you know how much time went by between 21 the time of the call and the time you finally asked if she 22 was breathing? How many minutes? 23 A No, sir, I do not. 24 Q Now, in comparing your voice with Steve's voice that 25 night you would agree with me, would you not, ma'am, that DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
78 1 Steve's voice certainly had more excitement in it than 2 your voice, wouldn't you? 3 A Yes, sir. 4 Q All right. And were you a little excited that night? 5 Wouldn't you agree with that? 6 A Anybody would have been in a call like that. But, 7 yes, I try to remain calm. 8 Q Okay. All right. But you would agree you were 9 somewhat excited, wouldn't you? 10 A Sure. 11 Q All right. And obviously the reason that you were 12 somewhat excited, you could tell from the tenure of 13 Steve's call that Steve was somewhat excited. Wouldn't 14 you agree with that, ma'am? 15 A Somewhat. 16 Q Now, we have established that there are portions of 17 this particular tape that are inaudible, is that correct? 18 A Yes. 19 Q Now, Steve was placed on hold that evening. We've 20 established that, have we not? 21 A Yes, he was. 22 Q Do you know how many minutes he was on hold? 23 A Wouldn't have been minutes. 24 Q All right. How many seconds was he on hold? 25 A I couldn't tell you. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
79 1 Q All right. During the time that Steve was on hold 2 there's no way that we know what Steve said? 3 A No, sir. 4 Q Okay. All right. If Steve was talking to you during 5 the period of time that he was on hold there's no way it 6 would be on this tape, isn't that correct? 7 A You could play the tape back and time it and you 8 would know the exact time that he was placed on hold. 9 Q Maybe you didn't understand my question. But there's 10 no way that we would know what Steve said, if he said 11 something while he was on hold. 12 A No, there isn't. 13 Q The tape wouldn't pick that up. 14 A No, sir. 15 Q Now, I notice that you never told Steve that you were 16 going to place him on hold, did you? 17 A Yes, I did. 18 Q Well, I see the language where you state stay on the 19 phone and don't hang up on the first page, but I don't 20 know that you ever told him specifically you were going to 21 place him on hold. That's my point. You see right here 22 you testified this, dispatcher, stay on the phone, don't 23 hang up. But you didn't communicate to him I'm placing 24 you on hold, do you, ma'am? 25 A It says stay on the phone, don't hang up. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
80 1 Q Okay. I guess then you assumed that he knew you were 2 placing him on hold, is that correct? 3 A Yes. 4 Q But there's really no way, unless we talk to Steve, 5 that we know whether he knew he was on hold? 6 A Okay. If you'll look at the statement up above that 7 it says, can you hang on the phone with me. I need more 8 information, but I need to start your ambulance. 9 Q I understand. But also said that Steve could hear a 10 number of different voices while he's on the phone, could 11 he not? 12 A Are you in reference to units responding to the scene 13 or -- 14 Q Yes. 15 A No, sir. He would not be able to hear that. 16 Q Okay. He wouldn't hear any of that then? 17 A No, sir. 18 Q So there would be no way that he would really pick up 19 whether those voices responding to the call went out and 20 dropped out if he was placed on hold or not, would he? 21 A No. 22 Q All right. Now, in these portions of your 23 transcript, ma'am, for instance, on page two and page 24 three. Where we have the words inaudible, there's no way 25 that you know for sure how much is missing in there, is DISTRICT COURT OF OKLAHOMA OFFTCIAL TRANSCRIPT
81 1 there? 2 A No, sir, there isn't. 3 Q For instance, when we look right here at this it says 4 inaudible or at least on that line. We really don't know 5 what his response is in there, do we? 6 A No, sir. 7 Q Okay. Did you make any method, ma'am, to try to 8 enhance that particular portion of the page, and do you 9 know what I mean by enhance it? 10 A By clarifying it? 11 Q Well, as a communications person are you familiar 12 with the word enhance as far as tape recordings are 13 concerned? 14 A We tried to clarify it if that's what you mean. 15 Q But you were not able to do anything with those, is 16 that correct? 17 A No, sir. 18 Q Did you tell me what Mr. Davis's call number was? 19 A Lieutenant Davis? 20 Q Yes. 21 A Charlie 1. 22 Q Charlie 1. And he was monitoring that call or your 23 particular call that night, was he not? 24 A Yes, he was. 25 Q All right. And he took that call and he responded to DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
82 1 the scene that night, did he not? 2 A Yes, he did. 3 Q So Mr. Davis would have heard your complete 4 transmission that night or a good part of it at least? 5 A Correct. 6 Q All right. And I take it that Mr. Davis would have 7 also heard the portion of your call where you advised 8 somebody ran out the back door, the mistake? 9 A Correct. 10 Q Did you tell us, Miss Lippert, that Steve could not 11 hear the transmission of you corresponding with other 12 services that night? For instance, the ambulance, for 13 instance, other officers? He could not hear that? 14 A Not while he's on hold, no. 15 Q Okay. But what if he's not on hold? 16 A Yes, he can hear it. 17 Q All right. And consequently if he can hear that 18 particular situation could he, as you listened to the 19 tape, could he decipher what was going on? 20 A Yes, sir. 21 Q Now, this particular system that you had on the day 22 in question, June 11th, 1990, is no longer in operation, 23 is it? 24 A That's correct. 25 Q And the particular system which you were using on DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
83 1 June 11th, 1990, no longer do you use that kind of tape. 2 Not only not enhanced 911, but you just don't even use 3 that particular system, do you? 4 A No, we do not. 5 MR. CARLSON: That's all we have, Your 6 Honor. 7 THE COURT: Further direct? 8 ----------------------------------------------------------------------- 9 REDIRECT EXAMINATION 10 BY MR. CORGAN: 11 Q Miss Lippert, you have had an opportunity to hear the 12 tape that we've played today, and obviously some parts you 13 cannot hear, is that right? 14 A Correct. 15 Q Now, does what you heard that night, how does that 16 compare to the tape? 17 MR. CARLSON: Your Honor, we would object. 18 We've already gone over the tape. It's improper redirect. 19 THE COURT: You may answer. 20 A I'm not quite sure. 21 Q (By Mr. Corgan) Well, let me see if I can make the 22 question better. How is the quality of what you heard 23 versus the quality of the tape? 24 A Quality of the reel-to-reel to the quality of the 25 cassette? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
84 1 Q No. 2 A Is that what you're saying? 3 Q Quality of the reel-to--reel versus -- well, how did 4 you receive your information? 5 A By phone. 6 Q What is the quality of what you heard on the phone 7 versus what we heard from the reel-to-reel? 8 A Well, you're getting it firsthand so it's going to be 9 pretty good. 10 Q Who besides Terri Lippert got the information from 11 the call firsthand on June 11th, 1990? 12 A Nobody. 13 Q Why is that? 14 A I was the only dispatcher in dispatch. 15 Q Now, I believe you said on cross-examination that you 16 do have some training in bringing people down, calming 17 them down when they're excited, is that right? 18 A Correct. 19 Q And I assume you had that training on June 11th? 20 A Yes, I did. 21 Q Did you have to bring Steve Allen down that night? 22 A No, sir. 23 Q Did you have to calm him down? 24 A No, sir. 25 Q Now, why is it, Miss Lippert, when you got this call DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
85 1 that you dispatched both the police and the ambulance? 2 A It's an in-progress call so I dispatched a police 3 officer to the scene. My next priority is to get the 4 victim some help so I dispatched the ambulance service. 5 Q What do you mean by an in-progress call? 6 A It's occurring at that moment. 7 Q And so why do you have an officer and an ambulance? 8 A Respond an officer to the scene in order to try to 9 catch any suspects that may still be in the area to secure 10 the scene and maybe to help that victim until the 11 ambulance service can get there. 12 Q Now, when you place or when you placed Mr. Allen on 13 hold that night, could he hear you talking? 14 A No, sir. 15 Q Could he hear any other individuals talking? 16 A No, sir. 17 Q So what would it appear to him when he's on hold? 18 A Just silence. 19 Q Now, I believe you told us that Officer Davis heard 20 your transmissions. 21 A Correct. 22 Q How do you know that? 23 A By the orders that he had given out to the other 24 officers responding to the scene. 25 Q And that's based on what you heard from the tape? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
86 1 A Yes. Also, at the time of the call I heard him 2 giving commands to the officers responding to the scene. 3 Q But as far as what he heard you say and what you know 4 he heard, you're assuming -- 5 MR. CARLSON: Again, leading and also 6 argumentative. 7 THE COURT: Overruled. Go ahead. 8 A Yes. 9 Q (By Mr. Corgan) And why would you be assuming that? 10 A I can never say what one person's heard. I really 11 don't know how to explain that to you. 12 Q Now, I believe you said, in response to Mr. Carlson's 13 questions, that since Mr. Allen could hear background 14 noises he could decipher what was going on, is that right? 15 A Correct. 16 Q And would an example of that be there on page -- page 17 three there at the top where you hear from the ambulance 18 and then he responds as to his location? 19 A Correct. 20 MR. CORGAN: I believe that's all. 21 THE COURT: Further cross? 22 MR. CARLSON: One moment, Your Honor. 23 ----------------------------------------------------------------------------------- 24 CROSS-EXAMINATION 25 BY MR. CARLSON: DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
87 1 Q Miss Lippert, let's look at page one for just a 2 minute. One of the first things that Steve Allen tells 3 you is that he's at 1808 Jefferson Road. Isn't that 4 correct? 5 A Correct. 6 Q Okay. So at that point you have enough information 7 to dispatch an ambulance when he says my wife's been beat, 8 I'm at 1808 Jefferson Road. You agree with that? 9 MR. CORGAN: We'd object as being beyond 10 the scope of redirect examination. 11 THE COURT: Overruled. Go ahead. 12 Q (By Mr. Carlson) You would agree with that, 13 wouldn't you? 14 A Correct. 15 Q All right. But your first question of him is do you 16 see anybody around, sir. 17 A Correct. 18 Q That's because you were concerned about a suspect, is 19 that correct? 20 A That's correct. 21 Q So that was your initial concern was a suspect? 22 A Yes, sir. 23 Q All right. Now, I reviewed your transcript and I 24 reviewed page two and I can see nowhere on page two where 25 you make inquiry in regard to Steve's wife, as to her DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
88 1 condition. Do you agree with me on that? 2 MR. CORGAN: Again, Your Honor, beyond the 3 scope of redirect examination. 4 THE COURT: Sustained. 5 Q (By Mr. Carlson) The first time that you actually, 6 Miss Lippert, make inquiry as to Steve Allen's wife is 7 down at the bottom on page three where you say how has 8 your wife been assaulted. Has she been stabbed or what. 9 MR. CORGAN: Your Honor, we'd object as 10 being beyond the scope of redirect. 11 MR. BUCHANAN: Your Honor, can we approach 12 the bench, please. 13 THE COURT: Overruled. Go ahead. 14 Q (By Mr. Carlson) You do agree with me -- with that, 15 do you not, Miss Lippert, that that's the first inquiry as 16 to the condition of Steve Allen's wife, isn't that 17 correct? 18 A Correct. 19 MR. CARLSON: That's all we have, Your 20 Honor. 21 ------------------------------------------------------------------ 22 REDIRECT EXAMINATION 23 BY MR. CORGAN: 24 Q Miss Lippert, there was some, I guess, controversy 25 about whether you ever asked if she was breathing, and you DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
89 1 do in fact ask that, don't you, ma'am, at the bottom of 2 page three? 3 A Correct. 4 MR. CORGAN: That's all. 5 MR. CARLSON: We have nothing further, Your 6 Honor. 7 THE COURT: .Thank you. You may step down. 8 MR. CORGAN: Your Honor, might she be 9 finally excused? 10 MR. CARLSON: Your Honor, I think we have 11 Miss Lippert subpoenaed. We'd ask that she go back to her 12 work or home just so we can reach her by phone in the 13 event we need her. 14 THE COURT: You're on call. 15 MR. CORGAN: Your Honor, we're ready, or 16 would you like to take a break? 17 THE COURT: We'll take a break. Recollect 18 those transcripts. 19 (A BRIEF RECESS WAS HAD. AFTER WHICH THE 20 FOLLOWING PROCEEDINGS WERE HAD IN OPEN 21 COURT:) 22 THE COURT: All right. Show the jury's 23 back present. State call it's next witness. 24 MR. CORGAN: Your Honor, state would call 25 at this time Officer Darrell Grayson. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
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