Ted's handwritten notes are included as footnotes

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STATE OF NORTH CAROLINA
COUNTY OF GUILFORD

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

cases to be indicted

STATE OF NORTH CAROLINA
v.
PATRICK ROY PARDEE

DEFENDANT

AGREEMENT
and N.C.Gen.Stat. 15A-1054
Disclosure

The Parties to this criminal action hereby stipulate and agree to the following facts:

1. That the defendant is charged with several counts of breaking and entry and larceny and may be charged with related offenses, which are also property crimes by way of indictment on or about November 3, 1997.

2. That the defendant has offered and agreed to testify in regard to the death of Patricia Kimble and to the involvement of Theodore Kimble in various crimes related to breaking and entry and larcenies. That the defendant has been interviewed by his attorney and stated that he has information to offer in these cases, and that said information directly points to the guilt of Theodore Kimble, Ronnie Kimble, or Robert H. Nicholes and is direct and personal knowledge of the type the State of North Carolina can use in its prosecution of Theodore Kimble, Ronnie Kimble, or Robert H. Nicholes.

3. That based upon that interview, the defendant's attorney, Joseph A. Williams, has agreed to make his client available to the law enforcement officers to interrogate.

4. That the defendant has cooperated and given statements to officers of the Guilford County Sheriffs Department, the Greensboro Police Department, and the State Bureau of Investigation on various occasions, including, but not limited to, April 7, 1997, May 27, 1997, July 15, 1995, July 21, 1997, July 28, 1997, July 31, 997. That the defendant has agreed to continue to cooperate and provide information in regard to the aforementioned investigations.

5. That the defendant has assisted law enforcement officers in identifying, recovering and returning property stolen by Theodore Mead Kimble and Robert H. Nicholes to the rightful owners of said property.

6. That the defendant has voluntarily submitted to a polygraph examination to corroborate some of the information given to law enforcement officials.

7. That at the time the defendant offered and gave cooperation there was no agreement between the defendant and the State of North Carolina. Officers of the various law enforcement agencies did inform the defendant that his cooperation would be of direct benefit to him in the resolution of the pending cases and that the nature and extent of the benefit would be determined by the District Attorney's Office.

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Based upon the aforegoing facts, the State of North Carolina hereby agrees on this Friday, October 31, 1997, that in the event that the defendant, Patrick Roy Pardee, agrees to continue to cooperate with officers of the Guilford County Sheriffs Department, the State Bureau of Investigation and the Greensboro Police Department, and testifies if called upon, in a truthful manner, consistent with his previous statements to the Guilford County Sheriffs Department and Greensboro Police Department, the State of North Carolina will recommend that he receive a probationary sentence. It is the understanding of the parties that the defendant, through counsel, will at the appropriate time, request the sentencing court to consider the first offender program for the defendant, if he is otherwise eligible.

In return, the defendant, Patrick Roy Pardee, agrees:

1. That he will voluntarily appear and testify in any trial related to the death of Patricia Kimble.

2. That he will voluntarily appear and testify in any trial related to breaking and entry or larceny crimes involving Theodore Kimble or Robert H. Nicholes.

3. That he will continue to assist law enforcement officers in identifying, recovering and returning property stolen by Theodore Mead Kimble to the rightful owners of said property.

4. That said testimony shall be truthful, complete and not inconsistent with the prior statements of the defendant to the Greensboro Police Department, the Guilford County Sheriffs Department and the State Bureau of Investigation.

The defendant, Patrick Roy Pardee, understands that if he fails to cooperate as set forth in this agreement the State of North Carolina shall have the option of moving to set aside this plea agreement, and prosecute the defendant to the fullest extent allowed by the law. That the defendant consents and agrees that the State of North Carolina shall have the right to move to set aside his plea agreement and sentence in the event that the defendant willfully fails to comply with this agreement.

Further the Defendant, Patrick Roy Pardee, agrees to take a polygraph^A or participate in other law enforcement activities designed to corroborate his testimony.

The defendant, Patrick Roy Pardee, understands that he must be totally truthful in his cooperation with the State of North Carolina, and that if the defendant, Patrick Roy Pardee lies or intentionally omits or misstates the facts of the death of Patricia Kimble, or his knowledge of the facts leading up to the death of Patricia Kimble, or if he refuses to testify or intentionally submits false testimony, the State of North Carolina will not be bound by this agreement and that the State of North Carolina will use his statements to prosecute him to the fullest extent of the law.

The Defendant understands that this agreement is limited to property crimes, and that if in the course of the investigation it is determined that he has participated as a principle or an accessory in any crime against a person,^B this agreement does not protect the defendant from prosecution for that crime against a person. Further, if in the course of the investigation it is determined that he has participated as a principle or an accessory in any crime against a person, his statements and any information gained or uncovered as a result of his statement is can be used to prosecute him to the fullest extent of the law.

Further, this agreement only binds the District Attorney's Office of Guilford County and is not intended to bind or affect or hinder the decision of any other prosecutorial agency, state or federal to indict and prosecute the Defendant, Patrick Roy Pardee and that this agreement does not prohibit said prosecution.

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^AAre we entitled to the results?  How about our own test?

^BNote how the threat of prosecution is involved.  Patrick feared they would charge him for the crime.  He told me so.

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