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THE COURT: Next witness, please. Stand and stretch, if you'd like, members of the jury. MR. LLOYD: The defense would call Laura Shepard to the stand. LAURA ANN SHEPARD, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. LLOYD: Q Ms. Shepard, if you would state your full name for the record, please. A Laura Ann Shepard. 1928 MR. PANOSH: Your Honor, we'd ask for a voir dire. THE COURT: All right. Members of the jury, if you'll step out a moment, please. Do not discuss the case. (The jury left the courtroom at 2:41 p.m.) MR. LLOYD: Your Honor, Mr. Panosh knows what the witness is going to say. I think the detectives in the case have interviewed her two or three times. THE COURT: What's the purpose of the voir dire then? MR. LLOYD: Well, I don't know. You'll have to ask Mr. Panosh that. Unless he just wants a crack at the witness before he gets her on cross. I can tell what she's going to say, and maybe we can circumvent a lot of time here. She has told detectives -- they came out to interview her on April the 18th of 1996. And they came to interview her, as I understand it from talking to her, because of -- there were a number of phone calls from Lyles to her house. At that time, she was -- she had been dating a fellow by the name of Rodney Woodberry, who worked for Ted. When the detectives came out and interviewed her, she told about an occasion on April 5, 1996, that Rodney Woodberry had come to her house, had asked to spend the night, and she told him that he could sleep on the couch. 1929 That at about 5:00 in the morning, Mr. Woodberry's crying woke up Laura Shepard. Laura Shepard at that time went in to see him, asked him what was wrong, and he told her that -- the first thing that he said to her was that Woodberry asked Shepard to promise him that Shepard would visit him in prison. Then Woodberry said that he had done something that could get him the death penalty. And in the further -- as the conversation went on, Woodberry said that he would be coming into money, and even though he would be in prison, he would be able to supply Ms. Shepard with money. And Your Honor, that's basically what we're putting up Ms. Shepard's testimony for. This evidence points directly, as far as we're concerned, to Rodney Woodberry. He knew Ted. He knew -- as a matter of fact, he knew Patricia. My understanding is that the witness could probably say that she had been to Ted and Patricia's house and that Rodney Woodberry had been there himself. And we would say that this evidence points unerringly to a single individual, which is what the cases require in this situation, Your Honor. It's not as if we're putting up evidence to support some amorphous theory that they did it, somebody else did it. We're saying, according to the testimony that we're presenting through this witness, she's delivering a suspect directly into evidence. And we're entitled to get that in. 1930 THE COURT: Well, where's Mr. Woodberry? MR. LLOYD: Well, I don't know where he is, Your Honor. I know what he would say. He would completely deny it. THE COURT: Well, I think you're going to have to bring him in, to get it in, so it's -- it's hearsay on hearsay. MR. LLOYD: Well, we've been through a lot of hearsay issues, Your Honor, And if you would just allow me to make a couple arguments. It's not really a hearsay on hearsay issue, because she's the one who's talking to him. Certainly his out-of-court statements are hearsay, Your Honor, but they qualify under at least two exceptions. First of all, they're a statement against penal interest. THE COURT: But he didn't say he killed anybody. He said he did something bad, I guess is what you're saying. MR. LLOYD: It's something that he could get the death penalty for. That's pretty bad. If that doesn't directly say murder, I don't know what does, Your Honor. mean, if Your Honor wants a signed confession, I can't give you that. The other thing, Your Honor, the other exception that it falls clearly under is the present sense -- or then existing mental or emotional condition. She's waked up in the early morning hours by his crying. He's very, very 1931 emotionally upset. He's crying. That's demonstrated by that. THE COURT: This is in April of '96? MR. LLOYD: Yes, sir, Your Honor, it is. And she told investigators about it some two weeks later. I mean, it's not my fault that it's April of '96, Your Honor. That's just the happenstance. THE COURT: The State wish to be heard? MR. PANOSH: Your Honor, we would point out that, first of all, the State has provided them with statements of Rodney Woodberry. He was interviewed by officers, and of course, he's denied this. Secondly, on the 21st of March of 1996 -- If I may approach with Exhibit 137. The defense took an affidavit from him. (Mr. Panosh handed the exhibit to the Court.) MR. HATFIELD: The defense did not take an affidavit. MR. LLOYD: No, we did not, Your Honor. Someone else that we had nothing to do with, no control over, took an affidavit. MR. PANOSH: Well, it was supplied -- MR. LLOYD: It had nothing to do with us. MR. PANOSH: It was supplied to me by the defense. I don't know who actually took it, but it's an affidavit on 1932 that date. (Time was allowed for the Court.) MR. PANOSH: First of all, it's not a present sense impression, as Your Honor has pointed out. It's just too far removed. Secondly, it is not -- doesn't fall within statement against interest, because for that to happen, there has to be a showing that he's unavailable, under 804. And of course, we would submit that he's not unavailable. They've -- or someone associated with the defense has interviewed him. We've provided them with interviews. I can tell you exactly where he is right now. He's in Burlington, where he lives and where he's worked. And it's not trustworthy, because their affidavit says he has an alibi for the time of the murder. And the sheriff's department's investigation shows that he has an alibi at the time of the murder. This statement, even if it passes every other standard, simply -- and my recollection is that Woodberry asked Shepard to promise him that Shepard would visit him in prison. Stated that he explained that he had done something that could get him the death penalty. Stated that Woodberry also told her that Woodberry would be coming into some money, would still provide Shepard with money while Woodberry was in prison. That just does not point unerringly to Mr. Woodberry as a suspect in this crime. It might say that he 1933 has committed another crime which he believes, rightly or wrongly, that he could get the death penalty for. But Your Honor, we'd submit it's not present sense impression. They haven't shown he's unavailable. And it is not pointing directly to him as participating in this particular crime. And most importantly enough, on the final analysis, it's not trustworthy, because you've got his signed affidavit in front of you that says he has an alibi. And if necessary, I can put the sheriff's department up, to say, "We checked his alibi." MR. LLOYD: Your Honor, first of all, let me make it abundantly clear that I am not arguing present sense impression. I'm arguing then existing mental or emotional condition, which is what Mr. Panosh was arguing on a number of the other things. And that's what he's describing to Ms. Shepard, then existing mental or emotional condition. He's crying. He's upset. She comes in and asks him "Why are you crying? Why are you so upset?" And he proceeds to describe his mental state at the time and why he's so upset. Going back to whether or not the statement is trustworthy or not, Your Honor. The fact of the matter is, we know from this case that he's worked with Ted Kimble. Ms. Shepard's going to testify that Ted Kimble had made numerous phone calls to her house, had questioned her concerning Rodney, that Rodney had been over to Ted Kimble's 1934 house, that she had on some occasion -- Ms. Shepard had met Patricia Kimble, as well as Ted Kimble. This is not some pie-in-the-sky theory. It doesn't take a rocket scientist to figure out where this evidence points, and it points directly to the guilt of Rodney Woodberry. MR. PANOSH: Your Honor, the exception he's going on says the then existing mental, emotional or physical condition of the declarant. This lady here is the declarant. MR. LLOYD: No, she's not the declarant. The person out of court is the declarant. MR. PANOSH: I'm sorry. I didn't know you weren't finished. In order for it to fall under that exception, she would have to be the declarant. Just as Patricia Kimble's statements came in because she was the declarant. She was describing her then existing mental condition. This lady cannot testify as to someone else's existing mental condition. MR. LLOYD: Your Honor, with all due respect to Mr. Panosh, he's just simply wrong about who the declarant is in this case. The declarant is the person who's out of court. The declarant is the one who makes the statement. And that is Rodney Woodberry in this case. She is the 1935 witness. And she -- and we're talking about the then existing mental or emotional condition of the declarant, the person who is out of court. THE COURT: Who took the other affidavit, the affidavit the defense submitted to the Court, who took that affidavit? MR. LLOYD: These affidavits were done by Dave North and Wayland Cooke. MR. HATFIELD: It was done by -- THE COURT: Who are they, attorneys for who? MR. LLOYD: Attorneys for Ted Kimble. Doesn't have anything to do with us or with Ronnie Kimble. (Mr. Lloyd and Mr. Hatfield conferred.) MR. LLOYD: Mr. Hatfield, who disclosed them, tells me that we disclosed them because the order specifically said we had to. MR. HATFIELD: It had nothing to do with our case. THE COURT: Well, the Court's going to find there have been two affidavits submitted to the Court in which the witness Rodney Woodberry has made statements in which he under oath has indicated that he had an alibi on the occasion in question, and further stating that he did not participate in the death of Patricia Kimble, had no knowledge of it and didn't know of anyone else having knowledge of it; that affidavits for both the State and 1936 defense, signed by this same individual, under oath, indicate the same, that he is available as a witness and is not unavailable; that the State knows his whereabouts, and the defense also must in fact know his whereabouts. The Court would further find that the statement is a statement which might expose the defendant (sic) to criminal liability, but the Court cannot determine whether criminal liability as to this particular offense or some other criminal activity the defendant may have been -- or the witness may have been engaged in. And the Court would find that it is untrustworthy at this point, unless it's supported by corroborating circumstances, and the defendant should be available -- I mean the witness should be available before the Court will allow this corroborating testimony. Denied. MR. LLOYD: Yes, sir, Your Honor. Would Your Honor take my representation -- I think Mr. Panosh has gone along with it -- as to what the witness would say, or do you want to go through a formal voir dire, to get that on the record? THE COURT: I think you can just file the affidavits. Of what this witness might say? MR. LLOYD: Yes, sir, Your Honor. THE COURT: I think you gave a shorthand statement 1937 of what -- MR. LLOYD: Yes, I did. THE COURT: And that's what the Court based its ruling on. MR. LLOYD: All right. THE COURT: It's in the record. MR. HATFIELD: Your Honor, may I address the Court on this? THE COURT: Yes, sir. MR. HATFIELD: Your Honor, the affidavit -- THE COURT: Bring him in, gentlemen. Bring him in and I'll let him testify. MR. HATFIELD: Your Honor, we did not have anything to do with preparing that affidavit. And it has no reliability. And I would like to bring to the Court's attention the fact that on January 4th, which was less than 60 days after Patricia died, two detectives from the sheriff's department went and talked to this lady. And they learned from her that Ted Kimble had been repeatedly calling Rodney Woodberry again and again and again and again, and that Rodney Woodberry had worked for Ted Kimble, and that Ted had told her, this witness, that he had given Rodney Woodberry money in advance for work that he was supposed to do for him and had not yet done. She said that Ronnie called her -- 1938 Ronnie is Rodney Woodberry -- Rodney Woodberry called her the next morning after Patricia's death and told her that Patricia was dead and had died in a house fire. How could he have possibly known that? She also said that Rodney told her that a person named Kim Morris might have been the one who killed Patricia, because he was a crack head. Your Honor, it is not our fault that Rodney Woodberry has executed some sort of an affidavit. All of that's -- THE COURT: He's available. Bring him in. Put him up under oath and let him testify. MR. HATFIELD: Can't put him up under oath, because they have beaten his brains out of him. THE COURT: That's not in the record. It indicated he would testify to something contrary to what you want the Court to believe he'll testify to. I'm not going -- to let it in, gentlemen. I've ruled on it. In his affidavit, it says he learned of her death on television, he called up Ted Kimble, to try to give his condolences, and was unable to reach him. MR. HATFIELD: Your Honor, there is not -- THE COURT: It doesn't say anything about -- MR. HATFIELD: -- there is not a dime's worth of difference between the Rodney Woodberry scenario and the Mitch Whidden scenario. There's no difference. 1939 THE COURT: That's for the jury to decide. I'm not going to decide that. MR. HATFIELD: Well, they're not going to decide it, if we can't put this -- THE COURT: You're right. They're not going to decide, unless you bring him in. If you want to bring him in, I'll consider it, not until. MR. HATFIELD: We would ask for the Court to call upon the State to give us all the information they have about his whereabouts, since they say they know where he is. THE COURT: Give them the whereabouts, if you know where he's at. MR. PANOSH: Yes, sir. THE COURT: Step down, ma'am. (The witness left the witness stand.) MR. LLOYD: Ms. Shepard -- Your Honor, I would excuse her for today, but I'm not going to release her from the subpoena. THE COURT: All right. Here's your affidavit. (The Court handed an exhibit to Mr. Panosh.) (Mr. Lloyd conferred with Ms. Shepard.) MR. PANOSH: Your Honor, based upon your ruling, should this -- shouldn't this be in the record? THE COURT: Mark it for the record and put it in 1940 the record. MR. PANOSH: We'll mark it as 137, not for the jury. (Mr. Panosh handed the exhibit to the clerk.)
Recalled on August 26, 1998
Next witness, please. MR. LLOYD: Laura Shepard. LAURA ANN SHEPARD, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. LLOYD: Q Ms. Shepard, would you state your full name for the record, please, ma'am. A Laura Ann Shepard. Q And where do you live, Ms. Shepard? A 318 Erwin Street. 2473 Q Is that here in Greensboro? A Yes. Q And how long have you lived there, Ms. Shepard? A About four years, because I was married at one point in time and moved back in with my mother. Q All right. You said you were married, Ms. Shepard? A Yes. Q Did you have any children -- A Yes. Q-- as a result of that marriage? A Yes. Q Are you -- do you still have custody of those children? A Yes. Q Where do you work, Ms. Shepard? A I work at Greensboro Transportation and Volvo 1. Q Excuse me. I heard that you worked at Greensboro Transportation. I did not not hear where else you worked. A Volvo 1. Q All right. A It's a customer service job. Q All right. And what do you do for Greensboro Transportation? A Dispatch. Q All right. And what do you do for Volvo 1? A Cleanup at night. 2474 Q All right. So you have two jobs -‑ A Yes. Q -- is that right, Ms. Shepard? Now, Ms. Shepard, do you know Rodney Woodberry? A Yes, I do. Q How is it that you know him? A I know he's a compulsive liar. And basically that's it. I mean, I can't believe nothing he say. Q Well, Ms. Shepard, did you -- at one time, did you have a relationship with Rodney Woodberry? A Yes, I did. Q All right. And if you could describe for the ladies and gentlemen of the jury what that relationship was. A It was a nightmare. I mean, he would lie to you. I mean, I had never been through a situation like that. Q Now, did you and Rodney Woodberry at one time live together? A Yes. Q All right. Now, were you still going together at the time of Patricia's death? A No. Q And Ms. Shepard, did Rodney call you around the time of Patricia's death? A Yes, he did. Q What did he say to you at that time? 2475 A He called me and told me "Did you look at the news?" I said, "No." He said that that was Ted wife was killed last night. Q Now, did you know Ted Kimble? A Yes, I did. Q And did you know Ted through your association with Rodney Woodberry? A Yes. Q All right. Did Ted Kimble call you shortly after Patricia's death? A I can't recall. I don't remember. But I know he was coming over. Q All right. A He came over. Q Okay. Did he come over on a number of occasions? A Yes, he did. Q And when he came over, did he came over -- did he come over to see you? What was he there for? A Have I ever talked to Ronnie, "Is Ronnie coming over? I need to speak to Ronnie." Q All right. Now, I notice, Ms. Shepard, that you used the name Ronnie. A Right. Q Who does that refer to? A Rodney Woodberry. 2476 Q Okay. So was that what you called Rodney, you called him Ronnie? A Yes. Q All right. Now, did there come a time, Ms. Shepard, when detectives came and interviewed you concerning the fact that Ted had called over to your house or come over to your house? A Yes. Q All right. Do you remember when that was? A No, I do not. Q All right. Does April of 1996, does that sound about right to you? A can't remember. I don't know. Q Okay. Let me ask you this, Ms. Shepard. Had the detectives come to see you on more than one occasion? A Yes, they did. Q All right. Do you remember them coming to see you on January 4, 1996? A Yes. Q All right. And do you remember them coming to see you on April 18, 1996? A Probably so. I can't remember. Q All right. And during that time, Ms. Shepard, did you tell the detectives about a day in early April, April the 5th, when Rodney Woodberry had spent the night at your 2477 house? A Yes, I did. Q Would you tell the ladies and gentlemen of the jury about that night in early April when Rodney Woodberry spent the night at your house. A Okay. He came over that night. He said, "Well, I need to talk to you." And I said, "What is it?" He said, "Well, let me go to the store." He went to the store. And I said, "What is it?" He said, "Well, let me spend the night." I said, "Well, you sleep on the chair, but I got to get up and get ready to go to work." Q Now, let me stop you for just a second, Ms. Shepard. Did he. ever -- that night, did he ever say anything more about what he wanted to talk to you about? A No. Q Was your relationship with Rodney Woodberry over at that time? A Yes, it was. Q All right. And was that why you told him he'd have to sleep on the couch in the living room? A Yes. Q All right. And Ms. Shepard, what happened in the early morning hours of the next morning. A I heard a noise about 5:00 o'clock in the morning. I said, "Who's sitting in there crying?" So I got up, and he 2478 was in there. He said, "Well, it's something I need to tell you. I can't tell Beverly." I said, "Well, I'm your friend. I can talk to you." And then he said, "Well, I might get the death penalty or I might go to jail. Will you come and see me?" I told him "No." And he said, "Will you promise me will you come and see me?" I told him "No." And then he said, "Well, I might be coming into some money, to help you out." I said, "I don't want your money." And that was the end of the conversation. Q All right. And after that, what did you do? A I got -- I finished getting dressed and getting my son dressed, and went to -- dropped my son off at day-care and went to work. Q And did Rodney Woodberry early that morning tell you that he had done something that he might get the death penalty for? A Yes, he did. Q Now, did Rodney confide in you, even after your relationship had ended at some point? A Yes. He was constantly calling me and telling me things about his relationship. And I told him, I said, "If you're not happy, just leave." Q Now, you indicated, Ms. Shepard, that Ted Kimble had come over to your house on a number of occasions, looking for Rodney; is that right? 2479 A Yes. Q Now, back -- and of course, you knew Rodney when he worked for -- I mean, you knew -- yes, you had a relationship with Rodney when he worked for Ted; is that right? A Yes. Q Do you know how Ted and Rodney communicated during that time period? A It seemed like they worked together all day, then Ted would come over, be going and talking to Rodney, and I couldn't figure out why was he still coming over after work hours, just to talk to Rodney. Q Okay. Now, while Rodney was working for Ted, did he have a pager? A Yes, he did. Q Who gave him that pager? A Ted. Q All right. Now, do you remember, Ms. Shepard, when -and who paid for the pager? A Ted Kimble. Q All right. And do you know when the service on the pager was terminated? A No. He came over that day, I want to say in June, he came over, he said, "Well, I'm just going and have this pager turned off." And then he come back with a list or 2480 people been paging him, that he get a list of how many times people be paging him at different numbers and stuff, he came back and showed me that. Q All right. Ms. Shepard, during your relationship with Rodney Woodberry, did you ever make Rodney go to the doctor because you were pregnant? A No, I did not. Q Was there another reason? A Yes, it was. Q What was that reason, Ms. Shepard? A I went to the doctor to have a physical, and they told me I had a disease, a transmission (sic) disease. And they told me I need to write on a piece of paper the person I slept with. And I told them I had one person, and I brought him back with me to the doctor. Q All right. So, you went for a physical, and they told you you had a sexually-transmitted disease -‑ A Right. Q -- is that correct? A Yes. Q And do you remember what they called it, Ms. Shepard? A Chlamydia. Q Chlamydia? A Uh-huh. Q And they asked you for all the men you had slept with 2481 A That's right. Q -- in the recent past; is that right? A Yes. Q And you told them that consisted of Rodney Woodberry? A That's right. Q And so, as a result of that, you made Rodney come down to the doctor, is that right -‑ A Yes, I did. Q -- and be treated for the sexually-transmitted disease? MR. LLOYD: That's all I have, Your Honor. THE COURT: Mr. Panosh? CROSS-EXAMINATION by MR. PANOSH: Q Ma'am, going back to what you said about the pager, you said, "He told me it was getting turned off in June." Who is "he"? A Ted Kimble. Q Ted told you he was turning off Rodney's pager? A Yes. Q Was Ted at your house at that time? A Yes, he was. Q Was Rodney there? A No, he wasn't. Q And when you say June, what year was that? A I think -- 2482 Q Let me ask you this. Was it before or after Patricia's death? A Before. Q So this was one of the occasions when Ted came to your house when Rodney was not there? A Yes. Q Up until the time that -- Let me ask you this. When he said that he was turning the pager off, was Rodney no longer working at Lyles? A Yes. Q And did Ted come by on that particular occasion looking for Rodney? A Yes, he did. Q Now, did you know Rodney's address? A No, I didn't. Q After the time of about June, when he was turning off the pager, did Ted come by to look for Rodney again? A Yes, he did. Q When was that? A I think he was coming every day, or calling every day. Q And you, of course, were working at this time? A No, I wasn't. Q Oh, you weren't working then? A No, huh-uh. Q Do you know if he was calling during the daytime or the 2483 evening? A He was calling in the morningtime, in the evening, or he'd stop by when he'd get off at Lyles and come by to see, have. I talked to Rodney. Q And on each of those occasions, he indicated he couldn't find Rodney? A Right. Q And that's why he was coming to see you? A Yes. Q And this went on all the way up to Patricia's death? A Yes. Q And even after Patricia's death? A Yes, he did. Q And each time he'd come to your house, he said he couldn't find Rodney? A Yes. Q Now, at some point, you became aware of Patricia's death? A Yes. Q And then the next time that you saw Ted was how long after you became aware of her death? A It was November the 24th. Q November the 24th? A Uh-huh. Q And what is it that causes you to remember that the 2484 next time you saw him was November the 24th? A Because it was the day before Thanksgiving. Q Was Rodney there that day? A No, he wasn't. Q Did Ted ever assist you in fixing your door or your porch? A No. Q How did that get fixed? A They never did fix it. Q Did you talk to him about fixing it? A No. Q Who did you talk to about fixing it? A Rodney Woodberry. Q Now, in reference to what Rodney told you that evening when he was upset, did he ever say what occurred? A No. Q You said that you were living there, and let's draw your attention to the period of 1995, say, summer of 1995, up until the death of Patricia. Who was living at that address with you? A My mother and my two kids and my two nephews. Q And your mother's name is? A Linda Young. Q Lydia Young? A Linda Young. 2485 Q Thank you. Did there ever come a time when, due to your relationship with. Rodney, you became pregnant? A No. Q Did you ever tell anybody that? A No. Q Do you know Peggy Millen? A Who? Q Peggy Millen? A Huh-uh. Q Rodney's mother? A Oh, yes. Q Did you ever call her? A Yes. Q But your final assessment of Mr. Woodberry is that he's a liar and you don't know when you can believe him? A Right. Q Did there come a time when Ted Kimble requested your Social Security number? A Yes, he did. Q Do you remember when that was? A Only thing I know it was cold. I don't remember. Q Do you remember -- A I think it was after Patricia death. Q Do you know why he wanted it? A No. 2486 Q Did you give it to him? A Yes. Q And you would describe your association with Mr. Kimble as being friends -- A Yes. Q -- Ted Kimble? A Yes. MR. PANOSH: No further. Thank you. MR. LLOYD: Just a few questions, Your Honor. REDIRECT EXAMINATION by MR. LLOYD: Q Now, referring, Ms. Shepard, to the time that Ted Kimble came over and asked you for the Social Security number, whose Social Security number did he ask for? A Rodney Woodberry and mines. Q All right. And did he ever tell you why he wanted those two Social Security numbers? A No, he did not. Q Now, did he also tell you other things on that occasion, when he asked for the Social Security numbers? A I can't recall. Q Do you remember when Ted came over that time, he told_ you -- MR. PANOSH: We object. This is their witness. He's leading her. MR. LLOYD: Well, if I -- 2487 THE COURT: Sustained. MR. LLOYD: Your Honor, if I could approach. Q Ms. Shepard --‑ A Uh-huh. Q -- I show you what's been marked as Defendant's Exhibit Number 22, and ask you if you recognize that as being a write-up of your April interview with Detective Church. (Indicated.) (Time was allowed for the witness.) A Uh-huh. Q And I ask you, Ms. Shepard, to read this paragraph here. Just read it to yourself. A Okay. Q You can pick it up, to look at it closely, if you need to. (Time was allowed for the witness.) A Uh-huh. Q Now, Ms. Shepard, I ask you again, do you recall if Ted Kimble gave you any instructions about what to tell the police -‑ A No, he Q -- on that occasion? A -- did not. Q All right. You don't recall Ted telling you that if the police asked you, that he and Patricia had a very -- 2488 MR. PANOSH: We object, please. THE COURT: Sustained. MR. LLOYD: That's all I have, Your Honor. MR. PANOSH: No further. THE COURT: Step down, ma'am. (The witness left the witness stand.) THE COURT: You may stand and stretch. Next witness, please. MR. LLOYD: Judge, before I forget, I would move the introduction of Defendant's Exhibit Number 23, which is the affidavit that Rodney Woodberry had signed. THE COURT: The Court'll allow the introduction.
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