MR. PANOSH: Sheila Blakley, please.
SHEILA BLAKLEY, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. PANOSH:
Q Would you state your name, please.
A Sheila Blakley.
Q And Ms. Blakley, you're the mother of Patricia Kimble?
A Yes, I am.
Q And just prior to her death, did there come a time when you had conversations with her?
A I spoke to her that Saturday at her yard sale. She called me at home and told me that she was having one.
MR. LLOYD: Well, objection, Your Honor, grounds previously raised.
THE COURT: Overruled.
MR. HATFIELD: Your Honor, before we proceed, I just can't hear her. I'm sorry.
THE COURT: All right.
Ms. Blakley, you're going to have to speak a little bit louder, please, ma'am. You have a soft voice.
A She called me Saturday morning and told -- reminded me that they were having a yard sale at Cinnamon Ridge and wanted me to come. And she told me that Edna, Ted's mama, had some clothes that I might be interested in. And so, I did go over there. And I was up there maybe an hour with her, and then I left and went back home.
Q And what do you know about the items that were being sold at the yard sale? Were those Patricia's?
A As I remember, some of them were hers and some of them belonged to Cinnamon Ridge.
Q Did you have a conversation with her shortly before her death in reference to insurance?
A It was probably the first part of September.
MR. LLOYD: Object again, Your Honor.
THE COURT: Overruled.
A It was sometime the first part of September. I know it was before her birthday. We -- she called me and was talking, and she said, "Mom, I'm worried about something." I says, "What's that?" She says, "Ted's trying to take more insurance out on me." And I says, "What kind?" She says, "Life." I says, "Well, how much?" And I don't remember her saying, but she said that's what she was worried about.
Q And when was her birthday?
A September the 14th.
Q And did you talk to her again about that on or about her birthday?
A Yes, sir. I took her out for dinner that Wednesday before her birthday was on Thursday. We went out to Piccadilly out at Carolina Circle Mall, and we eat, and I asked her about it, and she said for me not to worry about it, that -‑
MR. LLOYD: Objection.
THE COURT: Overruled.
A -- that they had talked about it and they had agreed on something, but she didn't go into what. And I didn't ask no more about it.
Q Did there come a time after her death when you became aware of the fact that you were the beneficiary on an
Q Would you explain that to the ladies and gentlemen of the jury, please.
A Ted called me at home and he informed me that I was the beneficiary of my daughter's insurance --
MR. LLOYD: Well, object to this
A -- at work.
MR. LLOYD: -- as well, Your Honor. THE COURT: Overruled.
A And I did not know that until he called and told me.
Q How much was that policy, ma'am?
Q And did it have a double indemnity on it?
A Yes, sir.
Q So it turned into $50,000?
A I got $25,000, you know, sometime later. Then I found out it was double indemnity, and they did send me the rest sometime later.
Q And who was that insurance through?
A Life of Georgia.
Q And why did Patricia have that insurance?
A The $25,000?
Q The one that you received, that you were the beneficiary of.
A That was at work.
A That was the one at work.
Q So the money that you were beneficiary of was an insurance policy through Cinnamon Ridge; is that correct?
A Yes, sir.
Q Now, you previously heard -- Well, let me ask you this. Did you also have a personal policy on which you were the beneficiary with Patricia?
A Me and my son and my daughter had life insurance with Life of Georgia, and the agent had come to my house, that's when we -- me and my husband was married, and he asked me if I didn't want to make ours bigger, and I said, "Yes." So I took mine and my son's and took them and made a bigger policy out of them. And also at the time, he mentioned Pat, and I said, "Well, you'll have to go talk to her and see if she wants to do that." And so, he did go talk to her, and she did increase it to $25,000. I do know that.
Q And were you the beneficiary on that policy?
A I don't know. I didn't know.
Q But originally, that policy was purchased by you for Patricia
A Right. Not
Q -- when she was a child?
A Not the $25,000. Because she cashed -- turned like
$2,500 in. Part of it was paid up. And so, she gave them that and turned it into a $25,000 policy. But I didn't know who she made beneficiary.
Q Did you have further conversations with Theodore Kimble about the policy which came through Cinnamon Ridge that you were the beneficiary of?
A That day that he called me, he told me about it. And I told him I wasn't aware of it.
MR. LLOYD: Objection. THE COURT: Overruled.
THE COURT: Again, the Court's previously ruled on
A -- I was not interested in no money right now, that I didn't care about it. And he said to me, "I need it. Would you call Hershel and see if he would send it to you, to give to me?" And I said, "Ted, I'm not interested in it. I've not even got over Pat right now." And I wasn't interested in no money. And so, he went on and gave me Hershel's telephone number. And I don't really remember whether I wrote it down or not, but I did not call Hershel.
And Hershel called me that night at home around 7:30 or 8:00 o'clock and told me then that I was beneficiary of Pat's money at work. And I told him then that Ted had already told me that evening that I was, and that I wasn't
interested in it.
Q And I take it this was very shortly after her death?
A Yes. Probably maybe a week, no more than a week.
Q Did Ted have further conversations with you, asking you for that insurance money?
A He asked me several different times about it. And when I talked to Hershel that night, I told him that I didn't want it, that I didn't care anything about it. And I told him what Ted had said. He said, "You don't want to give it to him. If she wanted him to have it, she would have made him beneficiary." I said, "I don't care if he has it. I don't want it." And he says, "Well, I don't want you to feel that way, because Pat wouldn't want you to say that." I says, "Well, I don't care what you do with it. You can leave it where it is, all I care." And he says, "That's all I want to hear."
And so, that's where it stayed for a while. And Ted called me two or three different times and asked me about it.
THE COURT: Is your examination of this witness going to take some additional time, Mr. Panosh?
MR. PANOSH: I can finish in about five minutes.
THE COURT: All right.
Q In his attempts to get you to give him the insurance policy, did he do anything else?
A What do you mean?
Q Did there come a time when he asked to take you somewhere?
A Yes. My daughter and him planned a trip for us, for my birthday that year, and we was to leave on a weekend and go spend three or four days for my birthday. And my son and his wife was to go, too. And then after Pat died, he continued wanting me to go with him, and --
Q Who wanted you to go with him?
A Ted wanted me to go with him on that trip. And I said, "No, I can't." And so, I didn't go.
Q Do you know where that trip was to?
A It was somewhere up in the mountains, but I don't know where.
Q Did there come a time when it came to your attention that immediately after the death of Patricia, Ted bought motorcycle?
A Yes, sir.
Q What do you know about that?
A All I know, I knew he bought it and I had heard. And he also told me that he took part of the church money to buy it, that he'd always wanted one.
Q Prior to her death, did Patricia ever talk to you about whether or not they were going to buy a motorcycle?
A No, sir.
MR. PANOSH: No further questions. Thank you.
THE COURT: All right. You may step down, Ms. Blakley. We're going to take our lunch break at this point. (The witness left the witness stand.)
THE COURT: Members of the jury, we're going to take our lunch recess at this point. You need to be back at 2:00 o'clock. Please report to the jury room prior to 2:00 o'clock.
Please remember the instructions on your jury responsibility sheet. Do not discuss this case among yourselves. Do not read or watch any news or media accounts. Do not talk with the attorneys, parties or witnesses or spectators about it or allow them to talk to you or talk in your presence about this case.
Does each of you understand?
(Jurors nodded their head up and down.)
THE COURT: Have a nice lunch. I'll see you at 2:00.
Everyone remain seated, while the jury leaves first.
(The jury left the courtroom at 12:29 p.m.)
MR. LLOYD: Judge, just briefly. I wondered if the Court would indulge us. It's very awkward having to make continuous objections to comments that Patricia made and Ted made. If the Court would just allow us -- I said
something earlier about a line objection to all these prior statements. I understand what the Court's ruling is. I accept that, Your Honor.
MR. LLOYD: It just puts us in an awkward position in front of the jury, and it slows the whole process up.
THE COURT: All right. The Court will allow the record to reflect a line objection to those questions that deal with the conspiracy issue or statements made by a co-conspirator.
MR. LLOYD: And the frequent statements, as well, Your Honor. We had filed a motion.
THE COURT: The Court's ruled on those earlier and may have to rule on some additional ones, but I think the Court has already ruled on that. You may maintain that line objection.
MR. LLOYD: Thank you very much.
THE COURT: Any other matters before the recess?
MR. LLOYD: No, sir.
THE COURT: 2:00 o'clock, sheriff.
(A recess was taken at 12:30 p.m.)
(Court reconvened at 2:01 p.m. The defendant was present. The jury was not present.)
THE COURT: If you'll return to the witness stand, please.
(The witness, Sheila Blakley, returned to the witness stand.)
(The jury entered the courtroom at 2:01 p.m.)
THE COURT: I'm very pleased to have the jury panel back. I hope everyone had a nice lunch and feeling okay. Anyone experiencing any discomfort this afternoon or any problems, let me know.
All right. You may begin your cross-examination.
MR. LLOYD: Thank you, Your Honor.
Q Ms. Blakley, the second time that your daughter talked to you about the insurance, that would have been around her birthday; is that right?
A Yes, sir.
Q And that was September 14th?
A Her birthday is the 14th, yes.
Q And it was at that time that she told you that she and Ted had talked, and they had basically straightened out the matter of the insurance; is that right?
A She said that they had talked about it and they were going to talk more about it and maybe get some counseling about it. And that's the last time I talked to her about it.
Q Okay. But I thought you had indicated that on direct examination that at that time, what your daughter told you
was that they had pretty much worked out the problem.
A I don't remember.
Q And you indicated that you had gone to the yard sale on that Saturday?
A Yes, sir.
Q All right. And that Patricia had some items that were for sale in the yard sale?
A She -- as I recall, she had some of her stuff and also some stuff that belonged to Cinnamon Ridge.
Q And did she indicate to you, Ms. Blakley, that she felt like the yard sale was pretty successful?
A I never talked to her about it.
MR. LLOYD: That's all I have, Your Honor.
THE COURT: Step down, ma'am.
(The witness left the witness stand.)
Published August 15, 2006. Report broken links or other problems.
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