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HATFIELD &
HATFIELD October 9, 1997 Mr. R. E. Panosh P. 0. Box
10759 Re: Ronnie Kimble Dear Mr. Panosh: David Lloyd and I
are in receipt of the substantial discovery package that you made
available to us on September 19, 1997. Of course it was necessary
for us to make several copies and we have only recently concluded
our initial review of the materials. As I told you on
the phone last week, David Lloyd and I are of the opinion that
Ronnie Kimble will be substantially prejudiced if he is tried with
Ted Kimble. Accordingly, we are exploring the basis for a severance
motion. You stated in that
telephone conversation that Ted Kimble had confessed, presumably to
the High Point inmate Poe. Please provide Mr. Lloyd and me with Ted
Kimble's "confession" so that we can determine whether it raises
Bruton or other constitutional issues. You also stated that Ronnie Kimble had confessed to a person who could not, testify because of privilege. We would request further details so that the person who allegedly received the so-called confession can be provided with independent advice of counsel and so that we can evaluate our client's position with regard to that individual. Mr. R. E. Panosh Page Two In addition,
we would request that you provide us with details of the Sheriff's
Department investigation of individuals other than Ronnie Kimble who
may have been in the vicinity of Patricia Kimble's residence on the
day of her murder or have intruded into her home. This request is
made pursuant to Brady and Kyles v. Whitley. We are
advised and believe that an individual named Bennie Hudson was
investigated and we would specifically request that the details of
that investigation be provided to us. Also Patrick
Pardee expected to gain from Patricia's demise and paid a large sum
of money to Ted Kimble after Patricia's death. Patrick Pardee spoke
to Sheriff's Department detectives earlier this year about his
relationship with Ted Kimble. Nothing about Mr. Pardee's
expected testimony was included in the discovery. If Pardee
testifies, he may create Bruton problems for Ronnie Kimble.
Please provide us with Patrick Pardee's statements to Sheriff's
detectives. The glock
handgun found in Patricia's home after the fire has not been
conclusively identified as the gun that fired the murder bullet. If
the State contends that the glock was not in fact the murder weapon,
please provide us with documentation of the State's position as it
may lead to identification of some person other than Ronnie Kimble
who may have murdered Patricia. In our telephone conversation you stated that Ronnie Kimble, being the younger brother, was under the domination of Ted Kimble. This theory of the case suggests that Ronnie Kimble's motive - if he did kill Patricia - was not pecuniary gain under 15A-2000(e) (6). Thus the evidence in support of your theory of domination by Ted would be exculpatory and discoverable under Brady. Under Kyles v. Whitley such exculpatory evidence must be turned over forthwith. Mr. R. E. Panosh Page Three Moreover,
evidence that Ronnie Kimble was under the domination of Ted Kimble
constitutes a specific mitigating circumstance under 15A-2000(f)
(5). Please provide all evidence in your possession or that you know
about that would support the theory that Ronnie acted under the
domination of Ted Kimble. David Lloyd,
our investigator and I would like to inspect all documents,
photographs and other tangible evidence next Wednesday, October 15,
at 1:30 p.m. at the Sheriff's Department. Please confirm if this
time will be acceptable. Thank you
for your consideration in this matter. Very truly yours,
/signature/ John B. Hatfield, Jr.
JBHj r/ph
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