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Stormy Cross, Witness for the State


 

MR. PANOSH: S.G. Cross, please.

THE COURT: I'm sorry?

MR. PANOSH: S.G. Cross is the next witness.

THE COURT: You may stand and stretch, members of the jury, if you'd like.

STORMY CROSS, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. PANOSH:

Q    Would you state your name, please.

A    Stormy Cross.

Q    Okay. Ma'am, if you could keep your voice up, so that the folks at this end of the jury box can hear you, I'd appreciate it.

A    Yes, sir.

Q    Your name again?

A    Stormy Cross.

Q    And your occupation?

A    I'm a crime scene technician with the Guilford County Sheriff's Department.

Q    How long have you been a crime scene technician?


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A    Four years with Guilford County and four years with High Point P.D.

MR. HATFIELD: I could not hear the last.

A    Four years --

MR. PANOSH: Four years Guilford County and four years High Point.

Q    In the course of your duties, did there come a time when you responded to Brandon Station Court?

A    Yes, I did.

Q    And what were your official duties when you arrived at Brandon Station Court?

A    When I first arrived there, Brian Yarborough and my sergeant, Sergeant Lindell, were already on the scene, and Sergeant Lindell briefed me as to what had already been done at the scene.

Q    And what were you assigned to do?

A    The first thing that I did was a walk-through with Sergeant Lindell, to find out what had already been done and to view the scene for myself. And then basically what I did after that was videotape several items of interest outside of the crime scene, and also did some latent fingerprint work and some still photographs.

Q    Drawing your attention first of all to the latent fingerprint work that you did, where did you collect those latent fingerprints?


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A    We processed the point of entry, the kitchen door, and the doorknob with fluorescent powder and UV lights. Those were photographed, because they could not be readily lifted and then compared. We also did some fingerprint work on Patricia's vehicle outside and lifted, I believe I lifted eight or nine latents from her vehicle.

Q    Did you participate in the lifting of the latent prints from the boat?

A    No, sir, I did not.

(Mr. Panosh showed an exhibit to Mr. Lloyd.)

Q    I'm going to show you now State's Exhibit 83. Would you take a look at that, please. What is that, please?

A    This is an envelope for latent prints.

Q    Okay. And do you recognize your handwriting on there?

A    Yes, I do.

Q    Okay. And what is contained in State's Exhibit 83, please?

A    These would be latent fingerprint cards.

Q    And would you hand me the first latent fingerprint card, please.

(The witness complied.)

Q    And that is 83-A. Can you indicate where 83-A came from, that latent print?

A    Yes. It came from the rear passenger side of the boat, inside, just above the seat cushion.


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Q    And the next print, please, 83-B, where did that come from?

(The witness handed the exhibit to Mr. Panosh.)

A    This one came from the outside of the back passenger window on the driver's side of the victim's vehicle.

Q    83-C?

(The witness handed the exhibit to Mr. Panosh.)

A    From the inside front passenger window of the victim's vehicle.

Q    And the next one, please.

(The witness handed the exhibit to Mr. Panosh.)

Q    83-D, please.

A    Inside the driver's window of the victim's vehicle.

Q    83-E?

(The witness handed the exhibit to Mr. Panosh.)

A    From the boat, the rear passenger inside, along the side of the boat, just above the seat cushion.

Q    83-F?

(The witness handed the exhibit to Mr. Panosh.)

A    Also from the boat, the rear passenger side, the top right along the side of the boat seat.

Q    83-G?

(The witness handed the exhibit to Mr. Panosh.)

A    From the top of the roof, the front passenger side, and the molding of the windshield on the front passenger side.


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Q    83-H?

(The witness handed the exhibit to Mr. Panosh.)

A    From the outside of the front passenger window.

Q    Again on the Subaru?

A    Yes, sir, the vehicle.

Q    83-I?

(The witness handed the exhibit to Mr. Panosh.)

A    From the -- Number 3 from the trunk on the left side, and Number 4 from the middle of the trunk of the victim's vehicle.

MR. PANOSH: Your Honor, we'd seek to introduce 83, the container, with 83-A through I, the latent prints.

THE COURT: The Court'll allow the -‑

MR. HATFIELD: Objection. There's no bearing on this case.

THE COURT: The Court'll allow the introduction of 83-A through 83-I.

Q    After you obtained those latent fingerprints, what did you do with them?

A    They were placed into an envelope. I usually do that at the scene, and go ahead and at least put the address of the call down, and then later on, back in the lab, they were -- the rest of the cards on the back were filled out, as far as the victim's name and type of crime.

Q    Eventually, were they submitted to Doreen Huntington


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for analysis?

A    Yes, they were.

Q    What did you do next in the course of your duties?

A    After that, we found some tire tracks that were in the cul-de-sac near the residence. Those were videotaped, and then they were measured. And we also found some footprints and tire tracks within the driveway between the yard and the boathouse, and those were photographed by videotape, as well as measured.

Q    Were those the type of footprints that could be casted?

A    No, sir, they were not.

Q    Were they unique enough to be used for an identification?

A    I believe the detail probably could have been enough for an identification. That's why they were photographed.

Q    Okay.

A    I would have to see them, to refresh my memory as to how clear they were.

Q    And after you did that work on the outside of the house, what did you do next?

A    The next thing we did back inside the house was, Fire Inspector Eddie Harris asked me to help him select some samples to send to the SBI for analysis, as far as whether or not an accelerant had been used.

Q    Okay.


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MR. LLOYD: Excuse me. I didn't hear the last of that response, Your Honor.

A    We collected samples, to test for accelerants.

Q    And were those samples submitted to the SBI?

A    Yes, they were.

MR. PANOSH: Again, Your Honor, because of the volatile nature of them, we're not going to bring them in, unless counsel requires them.

MR. LLOYD: We do not, Your Honor.

THE COURT: You may proceed.

MR. PANOSH: Thank you.

Q    After you obtained those samples, what did you collect?

A    Do you want me to just give you a list of the items that I collected?

Q    Yes.

A    I collected a Glock 21 handgun from the master bedroom.

Q    All right. Let's stop there for a moment.

A    Okay.

Q    Showing you State's Exhibit 84, is that the Glock that you collected?

A    I would have to open it up.

(Mr. Panosh handed a knife to the witness, and the witness opened up the exhibit.)

Q    You're removing from box 84 what?

A    Item Number 15.


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Q    Okay. And let's label that as 84-A. What is 84-A?

A    84-A is a bag that holds a handgun.

Q    And where did you collect that handgun?

A    This was from the master bedroom on the floor.

Q    Approximately the location where the G is? (Indicated on the diagram.)

A    Yes, sir.

Q    Okay. Are there other items in 84?

A    Item Number 6.

Q    And what is that?

A    These are bullet jacket and metal fragments.

Q    Taken from the victim?

A    Yes, sir.

Q    Label that as 84-B. Are there other items?

A    There's 16, Item Number 16, which are cartridges for weapon testing, and Item Number 17, which is cartridges for the weapon tested.

Q    All right. I'm labeling that 84-C. Did you collect this from the bedroom area?

A    I'm sorry?

Q    The cartridges from the bedroom area?

A    I believe the cartridges were taken from the magazine of the Glock.

Q    Okay. And the magazine was where?

A    In the -- in the handgun.


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Q    Is there another item?

A    No, sir.

MR. PANOSH: Your Honor, we'd seek to introduce 84 and its contents, the gun, the magazine, and the bullets, and the projectile recovered from the victim.

THE COURT: The Court'll allow the introduction of State's Exhibits 84, 84-A, B and C.

Q    What was the next item that you collected, please?

A There was also a cartridge, a .45 cartridge from the barrel of the Glock handgun and several hairs, both white and dark, from the barrel of the handgun; a red fireplace lighter that was found on the --

Q    Okay. Hold on, please.

A    I'm sorry.

Q    Now, drawing your attention to the hairs that you mentioned, were they sent to the SBI?

A    I don't have the control form in front of me. If I could get a copy of that, I could tell you.

Q    Showing you then State's Exhibit 85, is this the item that you've described as the bullet that was in the chamber of the weapon?

A    Yes, sir, it is.

Q    Okay. Showing you 86, do you recognize that?

A    This is an envelope, returning items from the SBI.

Q    Would you open it, please.


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(The witness complied.)

Q    And what is in 86?

A    Item Number 18, debris and hair from the surface of the weapon.

Q    Okay. We're going to label that as 86-A. What else is in there?

A    Item Number 8, which -- plucked hairs from the scalp of the victim. And Number 9, Item Number 9 is also plucked hair, pubic hair from the victim.

Q    Okay.

MR. PANOSH: Your Honor, we'd seek to introduce into evidence 85, the bullet from the chamber; 86 and its contents, which are the hairs from the scene and the hairs from the victim.

THE COURT: The Court'll allow the introduction of State's Exhibits 85, 86-A, B and C.

Q    What was the next item you collected, please?

A    A red fireplace lighter from the floor of the living room, just to the right of the fireplace.

Q    And the next item?

A    A tan telephone answering machine from the kitchen floor, with -‑

Q    And the next item?

A    Keys from the kitchen floor.

Q    Showing you then what I've marked as 87, what is 87?


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A    87 is Item Number 34, which are the keys from the kitchen floor.

Q    In the course of your responsibilities, did you photograph those keys?

A    I'm not sure if I photographed the keys or if Sergeant Lindell photographed those keys.

Q    Okay. Drawing your attention to 49, does that show the location of the kitchen floor where those keys in 87 were recovered?

A    Can I open it up?

Q    Okay. Do you need to, to answer the question?

A    Yeah.

Q    Okay. Go ahead.

(The witness complied.)

A    Yes, sir.

Q    Okay.

MR. PANOSH: Seek to introduce 87, the keys that were found on the kitchen floor.

THE COURT: The Court'll allow the introduction of State's Exhibit Number 87.

Q    What was the next item you collected, please?

A    The purse from the Subaru.

Q    Showing you then Item Number 80-- or Exhibit 88, could you tell the ladies and gentlemen of the jury what that is. (Mr. Panosh opened up the bag.)


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A    That is the victim's purse from the vehicle, the Subaru.

MR. PANOSH: Seek to introduce 88.

THE COURT: The Court'll allow the introduction of State's Exhibit Number 88.

Q   What was the next thing you recovered?

A    The contents from the front passenger seat of the Subaru, the glove box, console and console tray, as well as the inside the driver's door, the contents that were in those areas.

Q    And what was the next thing you recovered?

A    Those were all the items that I recovered.

Q    Okay. After recovering those items and packaging them, what action did you take in the course of the investigation?

A    As far as evidence?

Q    Yes, please.

A    I took all those items back with me. Sergeant Lindell also collected some evidence. And it was all transported back to the lab. Photographs were taken, a video was taken, also.

Q    Did you collect any other items there?

A    No, sir.

Q    You've previously indicated that you collected State's Exhibit --

MR. PANOSH: Madam Clerk, what number did I give


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the gun?

THE CLERK: 84-A.

MR. PANOSH: Thank you.

Q    -- 84-A; is that correct?

A    Yes, sir.

Q    And when you collected 84-A, did it have -- was it loaded?

A    Yes, sir. There was a magazine also in the gun.

Q    Okay.

MR. PANOSH: Have I used 84-D?

THE CLERK: No, sir.

MR. PANOSH: Okay.

Q    Showing you then this item, 84-D, what is this, please?

A    I believe this is the magazine from the -- from the Glock.

Q    And what's in the box in 84-D?

A    These are the cartridges from the magazine. Capacity -- has 13 it can hold in there.

Q    Okay. And when you examined the gun, did you -- were you responsible for removing the bullets?

A    I do not recall if I actually made the gun safe or Sergeant Lindell did.

Q    Okay. Eventually, did you count the number of rounds that were in the clip?

A    Yes, sir.


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Q    How many rounds were in the clip?

A    There were 11 in the magazine clip.

Q    11 rounds in the magazine, and there was one in the barrel; is that correct?

A    Yes, sir.

Q    And the capacity is what, please?

A    13.

Q    Did you collect anything else? (Indicated.)

A    Two loose keys from the front yard were also found.

And another loose key was found right near that one, also in the front yard, by the picnic table. These were documented, as far as being photographed. They were also then -- we tried to get latents from that, by using a portable Super Glue gun, and then dusting it with black powder. There were no latents found on those keys.

Q    What was the approximate location that you found those keys?

A    They were found approximately two feet from the picnic table.

Q    Where was the picnic table located?

A    The picnic table was outside of our barrier tape, towards the -- in the front yard, I would say maybe 10, 15 feet from the road. It's a --

Q    When you say --

A    -- pretty good-sized yard.


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Q    -- "outside the barrier tape," what do you mean?

A    The barrier tape that had been placed around the crime scene.

Q    During the evening hours of October the 9th when you were present, were there civilians, that is, non law-enforcement people, in that area?

A    By the picnic table?

Q    Yes.

A    Yes, sir. I was there on the 10th.

Q    I'm sorry. When you were there, there were civilians

A    Yes.

Q    -- non law-enforcement people, around that area?

A    Yes, sir.

(Mr. Panosh showed an exhibit to Mr. Lloyd.)

Q    Showing you then State's Exhibit 89, are those the loose keys that you've previously described?

A    I believe so. Can I open the box?

Q    Sure.

(The witness complied.)

A    Yes, sir, they are.

Q    Okay. Now, I'd like to go back to the -‑

MR. PANOSH: Your Honor, could we introduce 89, please?


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Exhibit Number 89.

Q    I'd like to go back to the clip. I think I made a mistake. Showing you what we previously referred to as 84-D, and showing you this bag, which one came out of the gun?

A    This one here, Item Number 22 or 23. It's the magazine from the .45. This is the spare magazine. (Indicated.)

Q    Okay.

MR. PANOSH: Your Honor, can I correct that?

MR. HATFIELD: I'm sorry, Judge. I could not hear the last thing she said.

THE COURT: Repeat it, please.

Q    All right.

A    The magazine -‑

Q    All right. Showing you Item 22 and 23, where did this come from?

A    This is the magazine from the .45. And this is the spare magazine. (Indicated.)

MR. PANOSH: Can I -‑

THE COURT: 84-D is the spare magazine?

MR. PANOSH: Could I correct it, just make it -

THE COURT: Yes, sir.

MR. PANOSH: -- put 84-D on the correct one?

THE COURT: All right.

(Mr. Panosh remarked an exhibit.)


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Q    And now, showing you 90, what is Number 90?

A    Just the magazine -- the spare magazine here.

Q    And that was collected from the drawer in the bedroom; is that correct?

A    I believe so. I did not collect the spare magazine. MR. PANOSH: We'd seek to introduce corrected 84-D and 90.

THE COURT: The Court'll allow the introduction of those two exhibits.

Q    After collecting those items and doing the fingerprint work that you've previously described, what did you do in the course of your duties?

A    Once the photographs were done and the video was completed and items were collected, I cleared the scene about 9:00 o'clock that night.

MR. PANOSH: Okay. Thank you. No further questions.

THE COURT: Who's going to cross-examine?

MR. LLOYD: I just have a few questions, Your Honor.

THE COURT: All right, sir.

CROSS-EXAMINATION by MR. LLOYD:

Q    Ms. Cross, these loose keys that you found in the front yard, how many were there?

A    There were three.


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Q    Three. Did you try those keys in any of the doors to Patricia Kimble's house?

A    Yes, we did.

Q    All right. And the pistol, the Glock pistol, what did you do with that, after you collected it?

A    Once all the items were collected, they were taken back to the lab and secured in the processing room, for either further processing or for packaging and placing into a locker or packaging and sending to the SBI.

Q    And once it went to the SBI, you didn't have any control over it when it was there, did you?

A    No, sir.

Q    All right. And the keys on the kitchen floor, did you try those keys, as well?

A    I did not personally try them, no.

MR. LLOYD: That's all I have, Your Honor.

THE COURT: You may step down.

REDIRECT EXAMINATION by MR. PANOSH:

Q    What were the results of the keys that you tried?

A    They were negative. None of the keys fit any of the doors.

Q    The doors of Patricia Kimble's house?

A    Yes, sir.

Q    Did you check the front and back?

A    Yes, sir. All the doors were checked.


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MR. PANOSH: No further. Thank you.

THE COURT: You may step down, Ms. Cross.

(The witness left the witness stand.)

 

 

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

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