19			LARRY THOMAS POTTROFF
	20	after having been duly sworn to tell the truth, the whole
	21	truth, and nothing but the truth, testified as follows:
	22	                  DIRECT EXAMINATION
	23			THE COURT: Please proceed.
	24	BY MR. CORGAN:
	25	Q	State your name, please.
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	1	A	Larry Thomas Pottroff.
	2	Q	Mr. Pottroff, what is your business, profession, or
	3	occupation?
	4	A	I'm a police officer for the city of Bartlesville.
	5	Q	How long have you been employed in that capacity?
	6	A	Nine years.
	7	Q	And do you have any particular current assignment at
	8	this time?
	9	A	I'm in the Detective Division.
	10	Q	And how long have you been involved as a detective?
	11	A	Four years, seven months.
	12	Q	Mr. Pottroff, did you have occasion to be involved
	13	with and assist in this case on June the 11th, 1990?
	14	A	Yes, sir, I did.
	15	Q	How is it that you came to be involved? How were you
	16	contacted?
	17	A	I was contacted by dispatch at my residence at
	18	approximately 10:50 p.m. 
	19	Q	And after you were contacted by dispatch, what did
	20	you do?
	21	A	I went to Detective Mason's location where I was
	22	advised to go.
	23	Q	Can you tell us what time you arrived?
	24	A	Approximately 11:00 p.m.
	25	Q	And when you arrived there, what did you do?

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	1	A	I first spoke to Detective Mason and ascertained what
	2	we had.
	3	Q	And he told you some things at that point?
	4	A	Yes, sir.
	5	Q	Other than telling you certain things, what, if
	6	anything, else did you do?
	7	A	Okay. At that time,upon speaking to Detective
	8	Mason, he advised that there was a white female that
	9	had--
	10			MR. CARLSON: Your Honor, we would object
	11	to what Mr. Mason said. He'll be here to testify.
	12	Hearsay.
	13			THE COURT: Sustained.
	14	Q (By Mr. Corgan) Without going into what you were
	15	told, upon receipt of the information, what did you do?
	16	A	I checked -- upon entry into the residence; I
	17	observed a large pool of blood in a room that appeared to
	18	have been spattered with blood.
	19		This would have been like a dining room area in
	20	the kitchen of the residence.
	21		I then conducted a search of several other rooms
	22	in the residence for either persons or anything that could
	23	be used as evidence as far as a weapon of an assault that
	24	occurred.
	25	Q	Now, as you were doing this, were you alone or with
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	1	someone?
	2	A	I was doing this by myself.
	3	Q	Now, if I use the term "walk-through," does that mean
	4	anything to you?
	5	A	Yes, sir.
	6	Q	What is a walk-through?
	7	A	A walk-through means. checking every area of a
	8	residence.
	9	Q	And were you involved in that at this time?
	10	A	Yes, sir.
	11	Q	Now, as you went throughout the residence, tell me
	12	what, if any, observations you made in the various rooms.
	13	A	Okay. In the -- when I first entered the residence,
	14	which would have led into a small room off the garage
	15	which went into the kitchen, first thing I observed was a
	16	sink that contained -- it was full of blood.
	17		There was a female's purse on the counter.
	18	There was a chair that was turned upside down.
	19		Once leaving the area from the kitchen that goes
	20	into like a dining room, this is where the main body of
	21	blood appeared to be.
	22		I went into what would be the living room. The
	23	living room was just disarrayed. Books were knocked off
	24	the shelf. The television was busted.
	25		The mirror was busted. The entrance door to
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	1	that room from the outside had a pane of glass that was
	2	busted.
	3		And I went and checked the -- what appeared to
	4	be the master bedroom.
	5		It appeared that nothing had been -- it was neat
	6	and clean. And then I went back in and spoke with
	7	Detective Mason.
	8	Q	Mr. Pottroff, I'm going to hand you now what's been
	9	marked as State's Exhibit Number 5 for identification
	10	purposes.
	11		Without displaying that to the jury, I'd like
	12	you to examine that and state for the record what that is.
	13	A	That is the sink area of the residence where I was
	14	at.
	15	Q	And would that show anything in that sink area?
	16	A	Yes, sir, the female's purse which I searched.
	17	Q	Now, would that particular photograph truly and
	18	accurately depict your observations at that time in regard
	19	to the sink area and the location and condition of the
	20	purse?
	21	A	Yes, sir.
	22			MR. CORGAN: Your Honor, at this time, we'd
	23	move for the admission of State's Exhibit 5.
	24			MR. CARLSON: We have no objection.
	25			THE COURT: State 5 allowed.
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	1	Q	(By Mr. Corgan) Officer Pottroff, I believe you
	2	told us that you searched the purse?
	3	A	Yes, sir.
	4	Q	When did you do that?
	5	A	Approximately about 12 o'clock.
	6	Q	What was your purpose in searching the purse?
	7	A	To see if it matched the victim's.
	8	Q	And were you able to come to any conclusions as a
	9	result of the purse?
	10	A	Yes, sir. Her driver's license was inside a billfold
	11	which also contained several credit cards. There was some
	12	money in the purse.
	13		     It appeared to be intact, and nothing was just
	14	taken out of it.
	15	Q	Now, in regard to this den area that you've told us
	16	about, did you have occasion to make any closer
	17	examination as to the television?
	18	A	Yes, sir.
	19	Q	And what, if any, observations did you make about the
	20	television?
	21	A	Well, the screen had been smashed. I observed what I
	22	thought to be blood on the screen.
	23	Q	Now, also in that room, did you have occasion to make
	24	any observations of what I'll call a face board?
	25	A	Yes, sir, I did.
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	1	Q	And where was that face board located?
	2	A	This was a face board on the door that had the glass
	3	pane that had busted out, and it also had what appeared to
	4	be blood stains on it
	5	Q	Now, after you made your walk-through of the house,
	6	did you ever have any occasion to be outside the house?
	7	A	Yes, sir.
	8	Q	And what was your purpose in going outside the house?
	9	A	I'd been advised that when the victim's husband
	10	arrived home that he had apparently seen a subject running
	11	through the backyard area.
	12		I went outside to see if I could locate any
	13	tracks or any type of weapon. We were unable at that time
	14	to locate that one inside the residence.
	15	Q	Well, where did you go outside; and what did you do?
	16	A	Okay. First, inside the residence when I was looking
	17	at the door, it appeared strange to me that the screen
	18	door was still locked from the inside.
	19		I went outside using the other door which led
	20	out by the garage, and I went to that door. And I pulled
	21	on it and pulled on it and pulled on it, and I could not
	22	get it to open.
	23		The pane of glass was broken out of the door
	24	appeared to -- like a subject or burglar had broken the
	25	glass to get in. However, the door on the outside was

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	1	still intact.
	2		Outside the breezeway which, where this door
	3	leads into, the point of entry which was into the living
	4	area room between the yard and the walkway there, there
	5	was approximately a six to seven foot path of ground.
	6		It was barren. It had no grass in it. The
	7	grass was still moist. The ground in that area was also
	8	wet.
	9		I looked, and I could not locate any type of
	10	footprints of anyone or anything running through that area
	11	to get to the backyard.
	12	Q	Stop for just a second. Again, Officer, I'll hand
	13	you what's been marked as State's Exhibit Number 6 for
	14	identification purposes.
	15		And without displaying that to the jury, would
	16	you, sir, examine that and state for the record what that
	17	appears to be.
	18	A	This is a residence that shows the rear door where
	19	the point of entry was into the Allen residence.
	20	Q	And would that picture in any way show this area of
	21	dirt that you're referring to?
	22	A	Yes, sir.
	23	Q	And would that truly and accurately depict that area
	24	in that photograph?
	25	A	Yes, sir.
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	1	Q	Now, you made your observations at what time period?
	2	A	It was approximately 12:00, 12:30.
	3	Q	Would that be a.m. or p.m.?
	4	A	Be a.m.
	5	Q	So it was dark.
	6	A	Yes, sir.
	7	Q	This picture was taken in the daytime; is that
	8	correct?
	9	A	Yes, sir.
	10	Q	But in spite of that, does it show that area that
	11	we're talking about?
	12	A	Yes, sir.
	13		         MR. CORGAN: Your Honor, we'd move the
	14	admission of State's Exhibit 6.
	15		         MR. CARLSON: We have no objection.
	16		          THE COURT: State 6 allowed. -
	17	Q	 (By Mr. Corgan) Officer, as best you could, would
	18	you take State's Exhibit 6 and point on the photograph and
	19	put it in a way that the jury might be able to see the
	20	area that you're talking about.
	21	A	It would be this area right here. This is a point of
	22	entry where the glass is broken out.
	23		     This is a door that was locked and the person
	24	was suppose to have ran across the backyard.
	25		     This area here is approximately six, seven feet;
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	1	and there's still a garden hose there.
	2		    This was damp. I searched this whole area, and
	3	there was no footprints anywhere there or in the fresh
	4	grass.
	5	Q	What, if any, other areas did you look at while you
	6	were outside?
	7	A	I looked at the wood pile that's in that picture and
	8	also the area where the chairs and the barbecue were
	9	placed on the outside wall.
	10	Q	And would that be on the patio there?
	11	A	Yes, sir.
	12	Q	Now, as you were making your search there on the
	13	patio in that area of the barbecue grill and chairs and
	14	those type things, did you observe anything?
	15	A	Yes, sir.
	16	Q	And what did you observe?
	17	A	I observed a black tire tool is what it is.
	18	Q	And where was that? -
	19	A	It was behind the chairs on the cement.
	20	Q	And would that area be depicted in State's Exhibit 6?
	21	A	Yes.
	22	Q	And would you again take that photograph and point
	23	out to the jury, please, the area that you're talking
	24	about?
	25	A	It was right there behind those lawn chairs.
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	1	Q	And did you look at the object at that time?
	2	A	Yes, sir, I did.
	3	Q	And what was your purpose in doing that?
	4	A	I was looking for any type of possible weapon.
	5	Q	And did you take that particular item?
	6	A	No, sir.
	7	Q	Why not?
	8	A	It had -- roly-poly bugs were underneath it when I
	9	removed it. Also, it had like not, not spider webs.
	10		But you could tell it had been between the wall
	11	and the cement for some period of time.
	12	Q	What did you observe, if anything, about the
	13	condition of the item itself?
	14	A	It had rust spots on it.
	15	Q	Now, what exactly did you see; and what was this
	16	item?
	17	A	It was a tire tool.
	18	Q	And could you describe that for me?
	19	A	It's like a crowbar on one end, and it bends down.
	20	And it has a socket on it that removes --
	21	Q	And what would it be used for do you think?
	22	A	Change a tire.
	23	Q	Where else did you look in the yard; and what, if
	24	any, other observations did you make?
	25	A	I walked to the fence line. I checked the shrubbery,
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	1	the fences for any tracks leading from the residence or
	2	anywhere else around there.
	3	Q	And did you find anything as a result of that?
	4	A	No, sir.
	5	Q	Now, we talked a little bit -- Well, strike that.
	6	Did that then complete your examination externally or
	7	outside around the house?
	8	A	Outside, yes, sir.
	9	Q	And you said that you had made a walk-through in
	10	regard to the inside of the house; is that right?
	11	A	Yes, sir.
	12	Q	And did you have occasion while inside the house to
	13	examine any areas in the kitchen area?
	14	A	Yes, sir.
	15	Q	And is there a bar in that area somewhere?
	16	A	Yes, sir.
	17	Q	Where is that?
	18	A	It's, it's part of the area that leads from the sink
	19	top all the way down and around into the dining room.
	20	Q	I'm sorry?
	21	A	Into the dining room.
	22	Q	Would that be depicted at all in State's Exhibit 5?
	23	A	Yes, sir.
	24	Q	And show us the area that you're talking about.
	25	A	It would be this entire counter that comes around
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	1	like this.
	2	Q	Now, up in what I'm going to call the top part of the
	3	picture, there appears to be a cabinet. What is that
	4	area?
	5	A	Up here?
	6	Q	Yes, sir.
	7	A	It's just cabinets.
	8	Q	And is there anything on top of that?
	9	A	Not that I recall.
	10	Q	What is that area there?
	11	A	It's just like a small breakfast area.
	12	Q	And did you have occasion to examine the countertop
	13	in that area?
	14	A	Yes, sir, I did.
	15	Q	And did you do that during your initial walk-through?
	16	A	No, sir.
	17	Q	When did you do it?
	18	A	I did it after our -- Detective Mason and I
	19	interviewed Mr. Allen.
	20	Q	So you had occasion to be involved in an interview
	21	with the defendant; is that correct?
	22	A	That's correct.
	23	Q	Where did that take place?
	24	A	At a Reverend Brummett's residence in Oak Park.
	25	Q	Now, after you had that interview, after you had
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	1	completed that interview, where did you go?
	2	A	We went back to the Allen residence.
	3	Q	And when you returned to the Allen residence, what,
	4	if anything, did you do?
	5	A	The first thing I did when I arrived, we'd been
	6	advised where a hammer had been hidden by Mr. Allen, which
	7	was in the attic.
	8		OSBI at that time agents were there. I crawled
	9	up the ladder to the attic.
	10		And under a pile of tubing and carpeting which
	11	Mr. Allen said he had hidden this hammer, I lifted it up.
	12		And I observed a roll of paper towels, a wadded
	13	up pile of paper towels, and a small ball-peen hammer.
	14		The towels had what appeared to be blood on them.
	15	Q	After observing those items, what did you do?
	16	A	I advised OSBI Agent Otte, and he took control of it.
	17	Q	Did you touch those items?
	18	A	No, sir.
	19	Q	Did you remove those in any manner?
	20	A	No, sir.
	21	Q	What did you do after that then?
	22	A	When the agents went up into the attic to retrieve
	23	the items, I went back into the residence and went to the
	24	kitchen area.
	25		And I looked over every part of the top to see
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	1	if we could locate a small dent or a hole in the cabinet
	2	top that Mr. Allen had told us he picked the hammer up and
	3	out of frustration banged it on the countertop.
	4		And he said he just did it real hard, and I
	5	looked to see if I could find the damage to the counter.
	6	Q	And were you successful in finding any damage?
	7	A	No, sir.
	8	Q	And did you look for that?
	9	A	Yes, sir.
	10	Q	How long would you say you were involved in looking
	11	for that?
	12	A	Probably six, seven minutes.
	13	Q	Officer Pottroff, have you been involved in taking of
	14	any evidence in this matter?
	15	A	Yes, sir.
	16	Q	And in regard to any clothing, did you have any
	17	contact with clothing?
	18	A	Yes, sir.
	19	Q	And would you tell us the facts and circumstances
	20	surrounding that?
	21	A	Officer Joe Slack seized the husband's clothing at
	22	the hospital and transported them to our location.
	23		And he handed them over to me which were in a
	24	bag. I, in turn, handed them over to Detective Mason; and
	25	he secured them.
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	1	Q	And after you made that transaction, did you have any
	2	further contact with the clothing?
	3	A	No, sir.
	4	Q	Did you have any contact with any other items of
	5	evidence?
	6	A	Yes, sir.
	7	Q	And what were those items?
	8	A	Later that day, we seized the mirror, the television.
	9	I removed the door frame and the glass from the door that
	10	had been broken.
	11	Q	How did you remove this particular glass in the door
	12	that we're talking about?
	13	A	I used duck tape and ran it around the edges; and
	14	with a knife and a screwdriver, I broke loose the wood
	15	shims that hold it in.
	16	Q	What was your purpose in doing that?
	17	A	The glass appeared to us as to have been done by some
	18	type small object that pounded it out.
	19		We thought it could have been the hammer. Just
	20	the point of entry.
	21		When I looked at it, where the glass had been
	22	broken that was laying on the floor just didn't look right
	23	to me.
	24		There was glass farther over to like it had been
	25	smashed after the door had been open.
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	1	And there was a piece of glass -- the fireplace
	2	runs opposite the direction the way the door opens.
	3		And on the fourth brick to the wall, there was a
	4	large piece of glass. So we just wanted to take the glass
	5	to have it.
	6	Q	So the glass that you took was from where though?
	7	A	Was from the door. And it was from the door pane.
	8	Q	And that was the one that had been broken.
	9	A	Yes, sir.
	10	Q	And you took what else?
	11	A	The jam from the door, television, and the mirror.
	12	Q	And what was done with those items?
	13	A	Those items were -- the glass at that time,
	14	everything was packed up.
	15	         That remained in Detective Mason's car and my
	16	car. The other items were transported to the police
	17	department by Officer Steve Bennett.
	18	Q	And after those items were taken to the police
	19	department, did you have any further contact with them?
	20	A	Just helping Detective Mason carry them back to the
	21	lab.
	22	              MR. CORGAN: I believe that's all.
	23	-------------------------------------------------------
	24	                   CROSS-EXAMINATION
	25	BY MR. CARLSON:


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	1	Q	Mr. Pottroff --
	2	A	Yes, sir.
	3	Q	-- when you examined the counter, was anybody else
	4	examining it with you
	5	A	No, sir.
	6	Q	Do you know if anybody else at a later point in time
	7	examined the counter?
	8	A	No, sir.
	9	Q	So you're the only one that examined the counter,
	10	correct?
	11	A	I believe.
	12	Q	And could you tell me what you used to examine the
	13	counter?
	14	A	My hand.
	15	Q	All right. Did you use anything else to examine the
	16	counter?
	17	A	Just my eyes and my hand.
	18	Q	Okay. Thank you. Now, you said that there was some
	19	glass from the door that appeared unusual to you?
	20	A	Yes, sir.
	21	Q	And bear with me while I get a drawing here. Can you
	22	tell me where that glass was, sir, if that drawing would
	23	help orient you and the ladies and gentlemen of the jury
	24	if this is your kitchen, this is the family room, patio
	25	door?
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	1		     (THE WITNESS LEFT THE STAND AND WENT TO THE
	2		    DIAGRAM)
	3	A	This is the point of entry. The glass was like right
	4	in there. This is the fireplace, and there was a large
	5	piece of glass on the brick there.
	6		    Most of the glass was to here and knocked right
	7	in front of the door
	8	Q (By Mr. Carlson) Okay. Thank you. And so there
	9	was a piece of glass you say on the -- was it on the
	10	fourth brick?
	11	A	Was the fourth brick.
	12	Q	Fourth brick.
	13	A	From the wall.
	14	Q	From the south wall?
	15	A	Yes, sir.
	16		     (THE WITNESS RETURNED TO THE STAND)
	17	Q	 (By Mr. Carlson) And that's what you based your
	18	opinion on that the door and the glass had been broken in
	19	an unusual way; is that correct?
	20	A	Yes, sir.
	21	Q	Why did you feel that was unusual?
	22	A	It appeared to me that the window -- or the glass
	23	pane had been broken out while the door was open.
	24	Q	And you based that upon where this glass was laying;
	25	is that correct?

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	1	A	That's correct.
	2	Q	Now, you took some glass out of the door, did you
	3	not?
	4	A	Yes, sir.
	5	Q	And you taped that particular glass, did you not?
	6	A	Yes, sir.
	7	Q	All right. And which side did you put the tape on?
	8	A	On the inside.
	9	Q	You made mention of a tire tool; is that correct?
	10	A	Yes, sir.
	11	Q	And you directed -- you were talking about photograph
	12	number 6, which is a photograph that was taken. But the
	13	tire tool is not in this photograph, is it?
	14	A	That's correct.
	15	Q	You know when this photograph was taken?
	16	A	No, sir.
	17	Q	But the tire tool was laying where? Could you show
	18	me where it was?
	19	A	It was -- these chairs were here, and it was laying
	20	between the wall, laying right there between the wall and
	21	the cement.
	22	Q	And this photograph was obviously taken when it was
	23	still under the control of law enforcement because of the
	24	tape, correct?
	25	A	That is correct.
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	1	Q	Do you know who took the tire tool, sir?
	2	A	No, sir.
	3	Q	Someone must have picked it up though, did they not,
	4	because it's not in the photograph?
	5	A	You couldn't see it in the photograph.
	6	Q	Did you pick it up?
	7	A	Yes, sir.
	8	Q	All right. Did you submit it to anyone?
	9	A	No, sir.
	10	Q	Did you do anything with it after you picked it up?
	11	A	I just put it back where it was.
	12	Q	Did you ever go back out there within a day or so and
	13	check and see if it was still there?
	14	A	No, sir.
	15	Q	Now, you arrived at the residence that night
	16	approximately what time, sir?
	17	A	Approximately 11:00 p.m.
	18	Q	And shortly after that point in time, you had a
	19	conversation, did you not, with the Chief of police?
	20	A	Yes, sir.
	21	Q	And you had a conversation with Mr. Bevard? He was
	22	there?
	23	A	Yes, sir.
	24	Q	And also Mr. Evans, was he there?
	25	A	Yes, sir.


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	1	Q	And approximately what time was that conversation?
	2	A	Approximately 11:20. I'm not --
	3	0	11:20?
	4	A	I'm not sure. Approximately.
	5	Q	And that's the conversation at that point in time
	6	where you all decided that Steve was a suspect; isn't that
	7	correct?
	8	A	No, sir.
	9	Q	Well, when was the conversation that you had with
	10	those people where the opinion was that Steve was maybe a
	11	suspect?
	12	A	I never really had a conversation with that group of
	13	people.
	14	Q	Well, were you aware that that opinion was formed?
	15	A	Yes, sir.
	16	Q	And that was the opinion that was formed prior to
	17	midnight, was it not?
	18	A	I believe so.
	19	Q	Now, you also noticed that there was a cup sitting on
	20	an automobile, was there not, in the driveway?
	21	A	That is correct.
	22	Q	Did you seize the cup?
	23	A	Yes, sir.
	24	Q	Did you also seize anything else out of the car?
	25	A	No, sir.


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	1	Q	And it came to your attention though that someone
	2	retrieved a Sonic slip out of the automobile, did they
	3	not?
	4	A	I don't recall that, sir.
	5	Q	Now, you said that in photograph number 6, State's
	6	Exhibit Number 6, that -- did I understand you correctly
	7	that you said the grass was wet?
	8	A	It was damp.
	9	Q	Approximately what was the temperature?
	10	A	I have no idea.
	11	Q	Well, when you say no idea, let's establish was it
	12	warm that night?
	13	A	I don't recall.
	14	Q	Was it hot?
	15	A	I don't recall.
	16	Q	And this is approximately what time when you're
	17	looking out here in the grass?
	18	A	Oh, probably around midnight, somewhere around there.
	19	Q	And you found no footprints whatsoever in the grass,
		correct?
	21	A	That's correct.
	22	Q	And you found no footprints whatsoever in this dirt.
	23	A	That's correct.
	24	Q	Now, were you aware, sir, that other officers had
	25	walked out through that particular area out through that
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	1	grass? Were you aware of that?
	2	A	They walked through the fence line.
	3	Q	Were there any footprints by the fence line?
	4	A	Yes, sir.
	5	Q	And why would the grass have been wet at that time of
	6	night, sir?
	7	A	I have no idea.
	8	Q	If it hadn't been watered, would you have any
	9	explanation for why the grass would be wet?
	10	A	No, sir.
	11	Q	Was there any dew at that time?
	12	A	I don't recall.
	13	Q	I'm sorry?
	14	A	I don't recall.
	15	Q	Let me ask you, Officer, are you aware approximately
	16	what time dew will fall in the summertime in June in
	17	Oklahoma?
	18	A	No, sir.
	19	Q	In State's Exhibit Number 5, there's a purse which
	20	you have testified about; is that correct?
	21	A	That's correct, sir.
	22	Q	And did you remove anything from the purse, sir?
	23	A	Yes, sir. Yes, sir.
	24	Q	And I take it the purse was taken as evidence.
	25	A	No, sir.
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	1	Q	Did anybody pick up the purse and take it as
	2	evidence?
	3	A	Not to my knowledge.
	4	Q	Was there a log made of what was taken from the
	5	purse?
	6	A	There was nothing taken from the purse. You said did
	7	I take anything from it.
	8		I removed a wallet and looked at it, which had
	9	Miss Allen's driver's license and credit cards. And I
	10	replaced it back in the purse.
	11	Q	Can you tell me everything that you remember being in
	12	the purse?
	13	A	No, sir.
	14	Q	Would you agree with me, sir, there were no glasses
	15	in the purse?
	16	A	I couldn't tell you that.
	17	Q	So, to the best of your knowledge, you left the purse
	18	right there.
	19	A	I did leave it right there.
	20	Q	There was a spot of blood on the TV. Is that your
	21	testimony?
	22	A	It appeared to be blood, yes, sir.
	23	Q	And could you tell us the approximate size of the
	24	spot?
	25	A	It was small. Oh, probably two or three sizes bigger
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	1	than a pencil head. I'm talking about the pencil itself,
	2 	not the end of it.
	3	Q	With regard to the door facing where the blood was on
	4	the door facing, would you agree with me, sir, that that
	5	blood appeared to be a swipe?
	6	A	It was stained in several places.
	7	Q	Could you tell me the approximate size of the stains,
	8	sir?
	9	A	They were -- there were different.
	10	Q	Could you tell me what the largest stain on the door
	11	facing that you recall as you saw it that night?
	12	A	Probably, probably an inch.
	13	Q	And the smallest?
	14	A	Half size of a penny.
	15	Q	And how many stains do you recall on the door facing?
	16	A	I do not -- I didn't count them.
	17	Q	Did you make any notes in that regard?
	18	A	No, sir.
	19	Q	You said that you examined the wood pile on the
	20	patio; is that correct, sir?
	21	A	That's correct.
	22	Q	And is that pictured in this particular photograph?
	23	A	Yes, sir.
	24	Q	Where was the wood pile located?
	25	A	Right there.
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	1	Q	And was there anything unusual about the wood pile?
	2	A	Not that I recall, no, sir.
	3	Q	Did you point out to anyone, sir, the fact that the
	4	glass appeared to you to be what you said in an unusual
	5	place from where the door was broken?
	6	A	Did I point it out?
	7	Q	Yes, to anyone there at the scene.
	8	A	I might have. Yeah, I know I did to Detective Mason.
	9	Q	Did you point it out to anyone else?
	10	A	I probably did. I don't recall who.
	11	Q	Did you -- did I understand you that you pulled on
	12	the screen door also?
	13	A	That's correct.
	14	Q	Did you pull on the screen door from the outside or
	15	the inside?
	16	A	Outside.
	17	Q	Was anyone there when you pulled on the screen door?
	18	A	I believe Detective Mason was inside.
	19		         MR. CARLSON: Your Honor, that's all we
	20	have.
	21		         THE COURT: Redirect?
	22	------------------------------------------------------
	23		            REDIRECT EXAMINATION
	24	BY MR. CORGAN:
	25	Q	Mr. Pottroff, you say that the grass was wet?
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	1	A	It was damp.
	2	Q	Show me where you're talking about on State's
	3	Exhibit 6.
	4	A	I'm talking about right in this area right here.
	5	Q	And you were out there at what time?
	6	A	I believe it was about twelve o'clock or so.
	7	Q	In regard to the dirt, what was its condition?
	8	A	It was moist.
	9		         MR. CORGAN: I believe that's all.
	10	-------------------------------------------------------
	11		             RECROSS-EXAMINATION
	12	BY MR. CARLSON:
	13	Q	Are you aware of how many people were on the patio
	14	that night?
	15	A	After, after the initial investigation of the
	16	detectives and OSBI, I have no idea. I have no idea who
	17	was there prior to my arrival.
	18		     But when we arrived; they were instructed to
	19	stay out of that area.
	20	Q	But by the time you arrived there, there was -- we
	21	know that Officer Davis had been there.
	22	A	That's correct, sir.
	23	Q	We know that Officer Grayson had been there.
	24	A	Yes, sir.
	25	Q	We know that Larry Silver had been there.
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	1	A	That's correct, sir.
	2	Q	We know that Mr. Holland had been there.
	3	A	That's correct, sir.
	4	Q	We know that Mr.' Bevard had been there.
	5	A	Correct, sir.
	6	Q	We know that you got there shortly thereafter.
	7	A	Yes, sir.
	8	Q	And we know that Mr. Mason had been there.
	9	A	Yes, sir.
	10	Q	We know that Mr. Gardella was there.
	11	A	Yes, sir.
	12	Q	We know that there were firemen out in that
	13	particular area at one point.
	14	A	In the residence, yes, sir. They were -- those
	15	individuals were all in the residence.
	16	Q	What about Mr. Cline? We know that he was on the
	17	patio at some point, don't we?
	18	A	I haven't spoken to Mr. Cline about that.
	19		         MR. CARLSON: Okay. That's all we have,
	20	Your	Honor.
	21		         THE COURT: Is that all? Thank you,
	22	Officer Pottroff.
	23		         MR. CORGAN: Judge, I do have another
	24	witness, I think, here or close. But I would need a few
	25	minutes to set up for that.
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	1		    Be fine with us if you would like to break for
	2	the day or --
	3		         THE COURT: Let's go ahead and take a
	4	recess. Let's take a' 10-minute recess before the next
	5	witness then, please.
	6		     (A RECESS WAS TAKEN, AFTER WHICH THE FOLLOWING
	7		    PROCEEDINGS CONTINUED IN THE PRESENCE AND
	8		    HEARING OF THE JURY)
	9		         THE COURT: Jury's back and present. Call
	10	your next witness.
	11		         MR. CORGAN: Your Honor, the State would
	12	call at this time Officer Steve Gardella.
	13	----------------------------------------------------------
	

lh1998-99, 2000