59 1 WERE ADJOURNED FOR THE DAY) 2 (WHEREUPON, SUBSEQUENT PROCEEDING WERE HELD 3 JULY 22, 1991, WHICH ARE CONTAINED IN SEPARATE 4 VOLUME) 5 -------------------------------------------------------------------------- 6 (THE FOLLOWING PROCEEDINGS WERE HELD ON 7 JULY 23, 1991, OUT OF THE PRESENCE AND HEARING 8 OF THE JURY) 9 THE COURT: Are we ready for the jury, 10 counsel? We all set? You want to check and see if all 14 11 are here? 12 (THE FOLLOWING PROCEEDINGS WERE HELD IN THE 13 PRESENCE AND HEARING OF THE JURY) 14 THE COURT: All right. Show we've got all 15 our jurors back and present. State may call its next 16 witness. 17 MR. CORGAN: Your Honor, the State would 18 call as their next witness Theresa Miller. Miss Miller, 19 if you would approach the bench and be sworn. 20 ------------------------------------------------------------- 21 THERESA ELLEN MILLER 22 after having been duly sworn to tell the truth, the whole 23 truth, and nothing but the truth, testified as follows: 24 DIRECT EXAMINATION 25 Q (By Mr. Corgan) Would you state your name for the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
60 1 Court and the jury, please, ma'am. 2 A Theresa Ellen Miller. 3 Q Miss Miller, where do you live? 4 A XXX XXXXXXXXXXXX Court in Bartlesville. 5 Q Are you employed? 6 A Yes, I am. 7 Q And how are you employed? 8 A I teach second grade at St. John's Catholic School, 9 and I also am part-time employed with Dillard's Department 10 Store at Washington Park Mall. 11 Q How long have you been employed at Dillard's? 12 A Since April 7th, of 1990. 13 Q And do you work in any particular department there? 14 A Yes. I work in the Accessories Department. 15 Q And what does that include? 16 A The handbags, costume jewelry, scarves, belts, 17 hosiery. 18 Q Miss Miller, do you know -- did you know the victim 19 in this case, Sandy Allen? 20 A Yes, I did. 21 Q And how were you acquainted with her? 22 A Sandy and I worked in the same department at 23 Dillard's. 24 Q How long did you work with her there? 25 A The entire time that I was there, from April 7th to DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
61 1 June 11th. 2 Q And during that time, did you get a chance to visit 3 with her and to get to know her? 4 A Frequently. 5 Q And would that be through your on-the-job 6 discussions? 7 A Yes, it was mostly at -- it was always at Dillard's. 8 I never saw her outside of Dillard's. 9 Q What hours typically did the two of you work? 10 A From 5:45 to 9:15 in the evenings and then on the 11 weekends. 12 Q So it could be anytime on the weekends? 13 A Yeah, usually. It could be anytime from 9:30 to 14 6:00, 1:00 to 9:15, anything like that. 15 Q Do you know what Miss Allen's family consists of? 16 A Yes. Her immediate family was the three little boys 17 and Steve. 18 Q And do you know the boys' names and ages 19 approximately? 20 A XXXXXX, XXXXXX, and XXXX, I believe. 21 Q And do you know their ages? 22 A XXXXXX should be getting ready for first grade, as I 23 recall, right now. 24 And XXXX was two at the time of her death. So 25 that would put him about three, and then I think XXXXXX DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
62 1 was in the middle. 2 Q Tell us a little bit about Sandy Allen. What type 3 person was she? 4 A Sandy was probably the most altruistic person that 5 I've ever met. She her -- her compassion -- 6 Q Let me -- you used a word on me. What do you mean by 7 "altruistic"? 8 A Okay. That's a term used for people such as Mother 9 Theresa. Gandhi was considered altruistic. Somebody who 10 will -- has such a compassion for human nature that they 11 Will - 12 MR. CARLSON: Your Honor, could we approach 13 the bench? I hate to interrupt. Could we approach the 14 bench? 15 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE 16 BENCH BETWEEN COURT AND COUNSEL, OUT OF THE 17 HEARING OF THE JURY) 18 MR. CARLSON: Your Honor, I object to this 19 line of questioning. We're going to object as to this 20 line of questioning and the relevancy it has to this 21 particular case. 22 An expose' on Sandy Allen is irrelevant in this 23 particular stage. 24 Her character has not been called into question, 25 the introduction of character evidence of Sandy Allen at DISTRICT COURT OF OKLAHOMA OFFICIAL. TRANSCRIPT
63 1 this point. 2 THE COURT: State. 3 MR. CORGAN: Well, Judge, I don't plan to 4 get into it a great deal. 5 But I think this is relevant and proper for the 6 jury to know a little bit about the victim in this case 7 and how Mrs. Miller knew her and what she knew about her 8 and those type things 9 Mr. Carlson: How is it relevant to the 10 issue? We haven't attacked her character. Don't plan to. 11 THE COURT: What else do you want to go 12 into? 13 MR. CORGAN: I'm just, you know, asking a 14 little about what type of person she was. 15 And, you know, I plan to get into the area of 16 was she the type person that would discuss problems, 17 personal problems that she had and that type thing. 18 MR. CARLSON: your Honor, the only thing 19 it's offered for is sympathy from the jury at this point 20 in the trial. That's not proper evidence at this point. 21 THE COURT: Well, so far, the State's 22 established that she was a nice lady. Now whether or not 23 there's something beyond that -- 24 In opening statement, the State was bringing up 25 the issue of some kind of marital strife. I don't know if DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
64 1 this relates to that. I don't know. 2 MR. CARLSON: Well, if he wants to ask her 3 that, did she advise she had any marital problems, then 4 that's fine. But, you know -- 5 THE COURT: I mean, that may have something 6 to do with what kind of personality she is, whether she 7 was a personality type that would conflict with the 8 defendant. 9 I don't know where he's going what's beyond what 10 he's already asked. I just assume it's going to be very 11 limited, as he stated. 12 MR. CARLSON: Okay. 13 THE COURT: As far as getting into calling 14 her Mother Theresa, that's getting to be too much. 15 MR. CARLSON: Getting to be too much. I 16 agree. We'd ask the Court to advise that he be very 17 limited in his inquiry. 18 THE COURT: I'm taking what he said that 19 he's essentially covered it. 20 (WHEREUPON, THE FOLLOWING PROCEEDINGS 21 CONTINUED IN THE HEARING OF THE JURY) 22 THE COURT: Please resume. 23 MR. CORGAN: Thank, your, Your Honor. 24 Q (By Mr. Corgan) Miss Miller, if I understand, as 25 you two worked together, you did have an occasion to talk DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
65 1 and visit and share things with each other? 2 A Yes, we did. 3 Q And as a result of that, how well do you feel that 4 you knew Sandy Allen? 5 A I felt I knew her pretty good. 6 Q Did she ever visit with you or discuss with you 7 things of a personal nature or what I would term personal 8 type problems? 9 A Sandy told me some things that were probably 10 personal. 11 Q And in what detail would she go into that with you? 12 A Probably as much as Sandy would ever go. She'd asked 13 me to help her at one point pick out some lingerie, which 14 would be pretty personal. 15 Q What do you mean as far as Sandy would go? 16 A Sandy was not the type of person that would talk a 17 lot about herself or her needs. She liked to focus on 18 other people, which she might could help them with. 19 Q And who did she tend to focus on? 20 A Her children were her main focus of her life as far 21 as I could tell. 22 Q Now, do you know if Miss Allen wore glasses or 23 contact lens or anything of that nature? 24 A Yes, she did. 25 Q How are you aware of that? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
66 1 A Most of the time when I saw Sandy, she had her 2 contact lenses in. I didn't even realize she wore glasses 3 until one day she showed up with them. 4 And I'd made the comment about her wearing 5 glasses, and she said she preferred her contacts. 6 Q Now, did you have occasion, Miss Miller, to work on 7 June the 11th of 1990? 8 A Yes, I did. 9 Q And was Mrs. Allen there working with you on that 10 evening? 11 A Yes, she was. 12 Q Did she have her glasses on that evening? 13 A No, she did not. 14 Q What time did you leave the store that night? 15 A Sandy and I both punched out at 9:15. 16 Q And did you leave at 9:15? 17 A We walked out, right. After we punched out, we just 18 immediately turned around and walked out the back doors 19 and walked to our cars. 20 Q And where did you go then? 21 A I went straight home, but Sandy was in front of me. 22 So I followed her to where she turned of f onto Lincoln, 23 and then I continued on home. 24 Q And you saw her turn? 25 A Yes, I did. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
67 1 Q And where was she turning? 2 A Onto Lincoln. That's the road that goes down to her 3 house. 4 Q And what road would she have been turning of f of? 5 A Washington Boulevard. 6 Q And what direction was she turning? 7 A That would be west. 8 Q Where do you live in relation to that area? 9 A I continue on -- go through the light at Nowata and 10 Washington, and I turn left into Woodland Park. It's 11 about a mile max. 12 Q Do you recall what time you got home that evening? 13 A I had gone in and went downstairs and let my husband 14 know I was home and went up and kissed my daughter. 15 And I was in the process of changing my clothes 16 when I looked at the clock, and it was 9:28. 17 MR. CORGAN: I believe that's all. 18 THE COURT: You may inquire. 19 ---------------------------------------------------------- 20 CROSS-EXAMINATION 21 BY MR. CARLSON: 22 Q Miss Miller, you don't know whether or not Sandra 23 Allen had her glasses in her purse that night on June the 24 11th, 1990, do you? 25 A No, I don't. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
68 1 Q And, by the same token, we don't know whether she put 2 on her glasses after she left Dillard's that evening, do 3 we? 4 A She didn't have them on when I saw her. 5 Q I understand that. But there's no way that you would 6 know whether or not she put on her glasses after she left 7 Dillard's, would you? There's no way you would know that. 8 A I'm not sure I understand. 9 Q I'll try to be clearer. There's no way that you, of 10 your own knowledge, would know whether or not Sandra Allen. 11 put on her glasses after she left Dillard's that 12 particular evening, June the 11th, 1990. 13 A I guess all I can testify to is she didn't have them 14 on when she got in her car and drove away. 15 Q Now, you said that from time to time she would wear 16 her glasses there at Dillard's; is that correct? 17 A That was very infrequent. 18 Q But she did from time to time. 19 A I can only recall one time seeing it. 20 Q With regard to Sandra Allen, you said her main focus 21 was her family; is that correct? 22 A No. I believe I said her main focus was her 23 children. 24 Q I'm sorry. Her children. With regard to Sandra, you 25 said that you knew her pretty well. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
69 1 A I think I did. 2 Q And she appeared happy, didn't she? 3 A Yes, she did. She appeared happy. 4 Q And Sandra was excited about the fact that she and 5 Steve were going to celebrate their 10th wedding 6 anniversary, was she not? 7 A She talked about it and was concerned about changing 8 the schedule in order to make those necessary 9 arrangements, yes. 10 Q But she was excited about it, wasn't she? 11 A I don't know how to answer that. 12 Q Well, you gave an interview to the Oklahoma State 13 Bureau of Investigation, did you not? 14 A Yes, I did. 15 Q And you told them that she was excited about that, 16 didn't you? 17 A I guess. I did say that, but I think I'd have to say 18 she appeared excited. You know, I don't know how to say 19 anything about what she was or wasn't. 20 Q Well, you told them that she appeared excited. 21 A Okay. Can I use that word "appeared" though? That's 22 all I'm trying -- 23 Q You can use that. 24 A Okay. 25 Q Now, Sandra never expressed to you any discontentment DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
70 1 with Steve, did she? 2 A No. Sandy never said anything negative about anybody 3 that I can recall. 4 Q And she was very happy with her three little boys? 5 A Oh, yes. 6 Q And, as a matter of fact, she was real happy that 7 night when [son] showed up. out there at Dillard's with 8 Steve, wasn't she? 9 A She was happy to see [him], yes. 10 Q And you're aware that that night out at Dillard's 11 that when she saw [him] -- and the manager was in the 12 particular locality there while Sandra was handling [him] 13 or holding [him]; is that true? 14 A Yes, that is. 15 Q And out of concern for Sandra, Steve took [him] back 16 because he didn't want to get Sandra in trouble. 17 MR. CORGAN: Excuse me, Your Honor. I'm 18 going to object to the form of the question. Calls for 19 speculation on the part of the witness. 20 THE COURT: Sustained. 21 Q (By Mr. Carlson) Did you -- you're aware of the 22 interview that you gave with the Oklahoma State Bureau of 23 Investigation? 24 A Yes, I am. 25 Q And did you tell the Oklahoma State Bureau of DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
71 1 Investigation that, that -- 2 MR. CORGAN: Again, Your Honor, I'm going 3 to object. 4 MR. CARLSON: Your Honor, it's part -- 5 MR. CORGAN: It calls for speculation. 6 MR. CARLSON: It's part of her interview 7 with the OSBI. 8 THE COURT: Sustained. Let her give her 9 own answers. 10 MR. CARLSON: I'm sorry. You said let her 11 give her own answers? Was that -- 12 Q (By Mr. Carlson) You're aware that you gave an 13 interview with the OSBI; is that correct? 14 A Yes, I am. 15 Q And did you state that to the OSBI? 16 MR. CORGAN: Excuse me, Your Honor. Same 17 objection. Do we need to approach the bench? 18 THE COURT: Sustained. 19 Q (By Mr. Carlson) Miss Miller, there at Dillard's 20 that night, did you receive a phone call for Sandra Allen? 21 A Yes, I did. 22 Q And in that particular call -- 23 MR. CORGAN: Excuse me, Your Honor. At 24 this time, I'm going to object as being beyond the scope 25 of direct examination. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
72 1 THE COURT: Counsel approach. 2 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE 3 BENCH BETWEEN COURT AND COUNSEL, OUT OF THE 4 HEARING OF THE JURY) 5 THE COURT: I assume he's saying it's not 6 part of his direct. 7 MR. CARLSON: I assume that's his point. 8 You know, it may be they won't be able to get this witness 9 back. 10 This witness has a vacation planned, which I 11 think counsel probably knows that. 12 MR. CORGAN: Well, my point, Judge, is -- 13 and I do realize she has a vacation. 14 If we're going to get into some things beyond my 15 direct, then I think she should be called out of time and 16 made Mr. Carlson' s witness so that he can ask her direct 17 questions as opposed to leading questions on things that 18 the State did not go into. - 19 MR. CARLSON: Would the Court allow me to 20 call her out of time? Not at this point. 21 But if we get down to where the State hasn't 22 rested and her vacation is imminent, can I call her in the 23 State's case as my witness? 24 THE COURT: We'll accommodate her schedule 25 and yours certainly. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
72 1 MR. CARLSON: Okay. 2 THE COURT: But I don't think you're 3 entitled just to read the report and have her say yes. 4 MR. CORGAN: Again, Your Honor, we would 5 renew our motion in limn as to both the hearsay 6 statements and the obscene phone call. 7 THE COURT: We've covered that. Same 8 ruling. I'm just saying let her give her version, not 9 just agree with your reading of the report. 10 MR. CARLSON: Well, I'm not going to call 11 her right now. I'll call her back. 12 Comes now the defendant and moves for a mistrial 13 for the reason that the defense was never given notice by 14 the State of Oklahoma that they intended to introduce 15 statements of Sandra Allen through this witness. 16 First notice we had is when this witness took 17 the stand and testified. 18 THE COURT: Overruled. 19 (WHEREUPON, THE FOLLOWING PROCEEDINGS CONTINUED 20 IN THE HEARING OF THE JURY) 21 Q (By Mr. Carlson) Miss Miller, you used the word 22 "appeared." 23 You're not trying to tell us anything other than 24 that, are you? When you say "appeared," Sandy Allen 25 appeared excited. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
74 1 A I guess I'm just trying to be objective and not put 2 my opinions in. 3 Q Well, for all outward purposes and everything that 4 you knew, she appear happy? She appear to be tense? 5 She appeared to be excited about the upcoming 6 wedding anniversary, did she not? 7 A She seemed to be at the time. 8 Q Thank you. 9 MR. CARLSON: That's all we have at this 10 point, Your Honor. We would -- at some point, we'd like 11 to call Miss Miller as our witness in our case. 12 THE COURT: She'll be on call for that. 13 Further direct -- redirect? 14 THE COURT: Yes. Redirect, Your Honor. 15 --------------------------------------------------------------- 16 REDIRECT EXAMINATION 17 BY MR. CORGAN: 18 Q Miss Miller, I believe you said that Miss Allen had 19 expressed some concerns about the logistics of getting 20 away; is that correct? 21 A She was scheduled to work at some point during the 22 trip that they had planned for their 10th anniversary. 23 And so she was having to do some rescheduling at 24 the last minute. She'd asked if I would change with her, 25 and I agreed to do that. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
75 1 But somebody else had already changed with her, 2 so that was done. 3 And she was just trying to make sure she could 4 get that taken care of. 5 Q Apparently, that was satisfied and taken care of 6 then. 7 A She got it changed, uh-huh, yes. 8 Q What do you mean when you say "appeared," "appeared 9 happy"? 10 A I guess it's hard for me. I can tell you maybe if 11 I'm happy, but if somebody -- Sandy had a very perky 12 personality. 13 And so she was just the type of person that 14 wanted to present that appearance. And so that was the 15 appearance that she gave to everybody. 16 O You say that when she left that evening, she did not 17 have her glasses on. 18 A No, she did not. 19 Q Now, would it surprise you that she worked all 20 evening without glasses and then put them on to leave? 21 MR. CARLSON: Objection, Your Honor. 22 Beyond the scope of cross. We merely went into the 23 glasses on cross. 24 THE COURT: Well, sustained for that and 25 also for form of the question. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
76 1 Q (By Mr. Corgan) How many times did you tell us that 2 you recall her wearing her glasses? 3 A I can only recall one time. She usually wore her 4 contacts. 5 Q Pardon me? 6 A She usually wore her contacts. 7 MR. CORGAN: That's all. 8 MR. CARLSON: We have nothing further. 9 THE COURT: Thank you. You'll be on call, 10 Miss Miller. Thank you. Call your next witness. 11 MR. CORGAN: Your Honor, we would call 12 Irving Coffman. 13 THE COURT: Irving Coffman? 14 ---------------------------------------------------------
lh1998-99, 2000