MR. PANOSH: Stephanie Young.
STEPHANIE YOUNG PADGETT, being first duly sworn, testified
as follows during DIRECT EXAMINATION by MR. PANOSH:
Q Would you state your name, please.
A Stephanie Young Padgett.
Q And Ms. Padgett, there was a Nancy Young that testified earlier in the proceedings.
Q Is that your mother?
Q And as a result of your relationship with your mother, did you go to Cinnamon Ridge Apartments from time to time?
A Yes, I did.
Q And when you went there, did you meet Patricia Kimble?
A Yes. I had known her before that, however.
THE COURT: Approach the bench.
(The following proceedings were had by the Court and all three counsel at the bench, out of the hearing of the jury.)
THE COURT: Her name is not on the witness list.
MR. PANOSH: Should be. I'm not sure if I put it under maiden or married.
MR. LLOYD: Probably under Young, Your Honor.
MR. PANOSH: Yeah. There it is. (Indicated.) She's gotten married since.
THE COURT: All right. Is that the basis of the
objection or --
MR. LLOYD: No, sir.
THE COURT: All right. What is it?
MR. LLOYD: This is the -- apparently, these are going to be more statements by the victim.
THE COURT: What's she going to say?
MR. PANOSH: She's going to say that she had a conversation with her, again, very shortly before she died. She said that Patricia told her that they were -- they, being her and Ted, were about to lose it.
THE COURT: I'm sorry. About to lose what?
MR. PANOSH: The lumber yard. That the lease was up, and they had to come up with a large amount of money, and that they might have to have an auction to sell the business. And that that was the reason that Ted had taken the part-time job, or one of the reasons.
THE COURT: Is she the only witness that's going to testify to something like that, or do you have other witnesses?
MR. PANOSH: That's the only witness.
THE COURT: Do you have any evidence that the company was in financial difficulty?
MR. PANOSH: Just -- this is it.
THE COURT: When did this conversation take place?
MR. PANOSH: I want to say it was the week before,
but it was certainly within two weeks.
THE COURT: What's the basis for it? I mean, what exception do you claim it comes under?
MR. PANOSH: Impressions of the victim.
(Time was allowed for Mr. Panosh.)
MR. PANOSH: Oh, here it is. Friday, October the 6th.
THE COURT: This was at the yard sale?
MR. PANOSH: No. This was at Cinnamon Ridge, at where she worked.
THE COURT: This witness, how does she fit into Cinnamon Ridge? Is she a resident?
MR. PANOSH: Her mother also works there. Her mother --
THE COURT: Her mother testified.
MR. PANOSH: -- testified previously.
THE COURT: Did the mother not hear it?
MR. PANOSH: No.
THE COURT: Was she there?
MR. PANOSH: I don't know. I'd have to ask her that. I talked to the mother and she didn't confirm that.
MR. LLOYD: Of course, the problem, Judge, for us is, now we've gotten basically a contradictory statement to what's testified to earlier. I mean, the other witnesses are saying Patricia said that they were financially secure,
that Ted didn't need to take a job. How do we cross-examine all this stuff? I mean, we've talked about the individual hearsay exceptions, and our position is, it doesn't fit. It's not then existing mental or emotional condition. It's a statement of fact. But it's not a fact, based on what the other --
THE COURT: I'm going to exclude it as to this defendant.
MR. PANOSH: All right.
(Proceedings continued in open court.)
MR. PANOSH: Your Honor, we'd withdraw this witness. Thank you.
THE COURT: You may step down, Ms. Young.
(The witness left the witness stand.)
Published August 15, 2006. Report broken links or other problems.
© PWC Consulting. Visit our website at www.preventwrongfulconvictions.org for information on our Mission and Services, and to sign up for our Newsletter.