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Ronnie Lee Kimble 


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James Allen Dziadaszek, Witness for the Defendant

Next witness, please.

MR. HATFIELD: Mr. Dziadaszek, please. He's already been sworn earlier.

JAMES ALLEN DZIADASZEK, II, having been previously duly sworn, testified as follows during DIRECT EXAMINATION by MR. HATFIELD:

Q    State your name again, please.

A    James Allen Dziadaszek, II.

Q    Mr. Dziadaszek, are you now officially out of the Marine Corps?

A    Yes, I am.


Q    And are you staying in Greensboro for a few days?

A    Yes, I am.

Q    Mr. Dziadaszek, reminding you that you testified earlier in this case, you indicated you were a friend of Ronnie Kimble's; is that correct?

A    Yes, it is.

Q    How many times during your -- well, first tell the jury when you first met Ronnie Kimble.

MR. PANOSH: We object, please. This has all been gone over before.

THE COURT: Sustained.

MR. HATFIELD: Just like to get the date set, and then I'll get to the issue.

THE COURT: You may do that, and then move along.

Q    When did you meet him?

A    I met Ronnie Kimble when I was stationed at the base chaplain's office. It was around the second, third or fourth week in December of -‑

Q    Of -‑

A    -- '96.

Q    Of 1996?

A    Yes.

Q    And do you recall that Ronnie Kimble was arrested on approximately April 1 of 1997?

A    Yes.


Q    So that was about a five-month period there where you were friends; is that right?

A    Yes.

Q    Now, during the five months that you were friends with Ronnie Kimble, how many times did you accompany him to the Greensboro area?

MR. PANOSH: We object. It's all been over before.

THE COURT: Sustained. He's testified previously about his times in Greensboro.

Move along.

Q    How many times during your visits to Greensboro did you see Ted Kimble?

A    Just once.

Q    And can you tell the members of the jury the circumstances of your seeing Ted Kimble.

MR. PANOSH: Object to relevance.

THE COURT: Overruled.

A    Ronnie had a doghouse that he had at the one chapel, and he was just taking it up to Ted's business, to see if his brother could sell it for him.

Q    And did you meet Ted on that occasion?

A    I met him, and the only thing we did was shake hands, and that was all.

Q    And how long was Ronnie there in Ted's presence?


A    Probably only about five minutes.

Q    Did you hear them talk about anything?

A    No. I really wasn't paying attention. I was outside.

Q    Did they set a price on this doghouse?

MR. PANOSH: Objection. He just said he didn't pay attention.

THE COURT: Sustained.

MR. HATFIELD: I don't know what all the anger's about.

THE COURT: Well, move along.

Q    Do you recall whether they put a price for the sale of the doghouse?

A    I know they put a price, but what it was, I really don't know.

Q    Now, during the period that you knew Ronnie Kimble, had you sustained any injuries while you were in the Marine Corps?

A    I was suffering from a fractured leg, which I fractured back in October '95.

Q    And that fracture occurred while you were on a naval tour of -- practicing for a naval tour?

A    Yes.

Q    And what kind of injury was it?

A    It was the tibia -- the tibia-fibula bone. I had about a quarter inch gap in it. I underwent surgery the day I


broke it. They put two screws in it. And I was recovering from that.

Q    As a result of that injury, were you placed on some special duty?

A    I was -- I was -- when I broke my leg, I was in L Company, First Battalion, 8th Marines. I was then transferred to the Third Battalion, 8th Marines, because 1-8 just went off to the Mediterranean, which I was training for. When I was at 3-8, they needed to send some people to the base chaplain's office for a FAP, which is an acronym for Fleet Assistance Program. I was stationed there -­well, 3-8 just transferred me over to the chaplain's office, and that's when I met Ronnie.

Q    Is Fleet Assistance Program an equivalent to light duty?

A    No, it's not.

Q    But it does -- it can involve light duty for people who are recovering from injuries; is that right?

A    Depending on the type of FAP it is, they may send you over there, they may not.

Q    Were you sent to the chaplain's office because you'd been injured?

A    I do not believe so. I was sent over there because when I was transferred to Third Battalion, 8th Marines, I was -- I was put up in the H&S company office and the S-1


office, which is administrative part of the battalion. I am very computer illiterate, and they just basically sent me over there, so hopefully I would learn how to use a computer or something.

Q    Now, during the period that you were associated with Ronnie in the chaplain's office, did you learn about the possibilities for disability in the Marine Corps?

A    I knew about disabilities from the Marine Corps from fellow Marines that I'd known that got out when I was in -­through a couple friends that were getting out on medical boards.

Q    And did you -- were you aware that Ronnie --

MR. PANOSH: We object. This is calling for hearsay.

MR. HATFIELD: No, it's -‑

THE COURT: Well, overruled at this point.

Q    Were you aware of whether or not Ronnie Kimble was suffering from a sleep disorder?

MR. PANOSH: Objection.

THE COURT: Overruled.

A    I became aware of Ronnie Kimble's suffering from sleep disorder around the second -- full second week in January.

Q    The second week in January?

A    Yes.

Q    What caused you to become aware of it?


A    He asked me if I could come up to Greensboro with him, to help him drive, in case he had trouble staying awake, when he came back to see his wife.

Q    After you found out about that, did he discuss it with you at all?

A    Yes, he did.

Q    And did you make any suggestions to him concerning it?

MR. PANOSH: Objection, please.

THE COURT: Suggestions he made to Mr. Kimble, is that your question?

MR. HATFIELD: Yes, sir.

THE COURT: Overruled.

A    I suggested to -- I suggested to Kimble, for the reason that he should see if he could get a medical board, because so then he could get out with some disabilities from it.

Q      So you suggested that to him; is that right?

A    Yes, it is.

Q    What was his response?

MR. PANOSH: We object.

THE COURT: Overruled.

A    At first, he was very hesitant, and then he decided to go on with it.

Q    And do you know whether he ever actually requested any kind of disability consideration by the Marine Corps?

A    No, I don't. I just know he went up to the naval


hospital, Bethesda, Maryland, to have the sleep disorder test, because the naval hospital at Camp Lejeune does not have one.

Q    Now, before you mentioned disability to him, had you ever heard him mention it?

A    No, I didn't.

Q    So whose idea was it, yours or his?

A    Pardon?

Q    Whose idea was it, yours or his?

A    It was mine, mostly.

Q    Now, during that period, did you begin dating Sherry Wilson?

A    Yes, it was about that time.

Q    And is that -- did that cause you to come to Greensboro more often?

A    Yes, it did.

Q    On your visits to Greensboro, other than the time of the doghouse incident, did you ever again see Ted Kimble?

A    No, I haven't.

MR. HATFIELD: No further questions.

THE COURT: Mr. Panosh?


Q    When in 1996 did you meet Ronnie?

A    I don't really recall the exact date. I was transferred to the base chaplain's office December 6th of


'96. And at that time, Ronnie Kimble was on the rifle range. So it was about two -- roughly two weeks later.

Q    So late '96 or perhaps early '97?

A    Yes.

Q    First mention of the sleeping -- what Ronnie Kimble referred to as the sleep disorder, was when?

A    Was roughly the first week in '97.

Q    So the first week you met him?

A    Roughly.

Q    So as soon as you met him, he told you about it?

A    He had -- well, I was working with him, because me and him were both maintenance people, Building 37, which is the building we worked at, and he had trouble staying awake. And I asked him about it, and he talked to me about it.

Q    And that was just about as soon as you met him?

A    Yes.

Q    And the conversation about disability followed shortly thereafter?

A    We start-- I actually started talking to him about disability roughly, I believe it was around Valentine's Day '97.

MR. PANOSH: The Court's indulgence for a moment. (Time was allowed for Mr. Panosh.)

MR. PANOSH: Your Honor, I have about three more questions that I need to verify something before I do that.


Could I do that after the break?


You may step down, sir.

(The witness left the witness stand.)

THE COURT: Let me see the attorneys up here about an administrative matter before we take our break.

(All three counsel conferred with the Court at the bench.)

THE COURT: Okay. Members of the jury, at this point, we're going to take our lunch recess. You'll need to be back at 2:00 o'clock. Please report to the jury room. Please remember the Court's instructions and the jury responsibility sheet.

Have a nice lunch. I'll see you at 2:00.

Everyone remain seated, while the jury leaves. (The jury left the courtroom at 12:23 p.m.)

THE COURT: You may declare a recess until 2:00 o'clock, sheriff.

(A recess was taken at 12:24 p.m.)

(Court reconvened at 2:03 p.m. The defendant was present. The jury was not present.)

(The jury entered the courtroom at 2:04 p.m.)

THE COURT: I hope the jury panel had a nice lunch and feeling okay. Anyone experiencing any problem this afternoon that I should know about, if you'll raise your hand, I'll be glad to talk with you about that.


You may continue with the next witness for the defense, please.

MR. HATFIELD: That witness -­

THE COURT: Oh, that's right.

MR. PANOSH: We have -‑

THE COURT: Return to the witness stand, please, sir.

MR. PANOSH: We have no further.

THE COURT: No further questions?

MR. PANOSH: No further.

MR. HATFIELD: We rest our case.



Published August 15, 2006.  Report broken links or other problems.

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