MR. PANOSH: Stephanie Young.

STEPHANIE YOUNG PADGETT, being first duly sworn, testified

753

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.

A    Yes.

Q    Is that your mother?

A    Yes.

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.

MR. LLOYD: Your Honor, this is a similar situation to what we've had earlier.

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

754

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,

755

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,

756

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.)