THE COURT: Next witness, please.

MR. PANOSH: Mr. Fryar, please.

PAUL STEVEN FRYAR, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. PANOSH:

Q    Would you state your name, please, sir.

A    Paul Steven Fryar.

Q    Mr. Fryar, do you live in the vicinity of Patricia Kimble's home on Brandon Station Court?

A    I don't currently, but I did at the time of the murder.

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Q    And going back to that particular day, do you remember where you were?

A    About 6:00 o'clock, I took my daughter to cheerleading practice at the local community center, which is about three or four minutes away, and dropped her off and returned home. And I proceeded to get some lawn equipment out. I was doing some aerating and reseeding in my yard, both the side and front yard.

Q    So when you were in your yard, it was sometime after 6:00?

A    Probably between 6:15 on, I was in the yard.

Q    And what, if anything, did you notice at that time?

A    When I was in the side yard, which faces Highway 22, which is the street between my house and the Kimbles', I noticed in the clearing between their house and the Cobles' house some low smoke, hovering above the ground, four or five feet.

Q    And it's -- and you said this is approximately 6:15 or 6:30?

A    Well, it takes three or four minutes to drive to the community center and three or four minutes back, so by the time I got the equipment out, it would probably be after 6:15, possibly even 6:30.

Q    And did you take any action in reference to that smoke that you saw in the field between Patricia's house and the

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Kimbles' (sic)?

A    No, because the smoke was kind of light in nature, and it was just sort of drifting. I assumed someone was burning trash. It didn't resemble a house fire.

Q    And in addition to seeing it, could you smell it?

A    No.

MR. PANOSH: No further questions. Thank you.

MR. LLOYD: Just a few, Your Honor.

CROSS-EXAMINATION by MR. LLOYD:

Q    Mr. Fryar, you indicated that you had taken your daughter somewhere at 6:00 o'clock; is that right?

A    She has cheerleading -- or had cheerleading practice at 6:00 o'clock.

Q    All right. So she had to be there at 6:00?

A    Right.

Q    All right. So you took her there, and you said it just took a few minutes?

A    Right.

Q    But then you drove straight back to your house?

A    That's correct.

Q    All right. So you would have gotten back to your house just a few minutes after 6:00; is that right?

A    That's correct.

Q    All right. And so, then you went to doing your yard work?

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A    That's correct.

Q    All right. And did you notice any cars pull into Brandon Station Court while you were out there mowing your yard?

A    No, I did not.

Q    Did not notice any?

A    No.

Q    And could not smell any smoke?

A    No.

Q    Didn't notice any smell of any sort?

A    No. All I saw -- I just witnessed the smoke. There was no smell.

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

THE COURT: Step down, sir. Next witness, please.

MR. PANOSH: If I may, Your Honor.

REDIRECT EXAMINATION by MR. PANOSH:

Q    Sir---

A    Yes.

Q    -- is the entrance from Brandon Station Court visible to you from your home?

A    Yes, it is.

MR. PANOSH: No further questions.

THE COURT: Step down, sir. (The witness left the witness stand.)