GUILFORD COUNTY

CLERK OF THE SUPERIOR COURT

STATE OF NORTH CAROLINA
COUNTY OF GUILFORD

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

97CRS23654

98CRS23485

STATE OF NORTH CAROLINA

v.

RONNIE LEE KIMBLE

DEFENDANT

NOTICE
N.C. Gen. Stat. 8C-1 Rule 803(24)
N.C. Gen. Stat. 8C-1 Rule 804 (b)(3)&(5)

NOW COMES THE STATE OF NORTH CAROLINA and serves NOTICE upon the Defendant, Ronnie Lee Kimble that the State of North Carolina will seek to introduce evidence of statements made by Theodore Mead Kimble pursuant to N.C. Gen. Stat. 8C-804(b)(3)&(5).
Further, the State of North Carolina serves NOTICE upon the Defendant, Ronnie Lee Kimble that the State of North Carolina will seek to introduce evidence of other statements made by Theodore Mead Kimble pursuant to N.C. Gen. Stat. 8C-803(24).
In support of this Notice the State of North Carolina contends:
1) That Ronnie Lee Kimble and Theodore Mead Kimble are charged with murder in the death of Patricia Blakely Kimble, which occurred on October 9, 1995.
2) That the State of North Carolina contends that the defendants entered into a conspiracy on or before October 9, 1995 to kill Patricia Blakely Kimble and to obtain the proceeds of her life insurance policies.
3) That said conspiracy existed until both defendants were arrested on or about April 1, 1997.
4) That in the course of said conspiracy, and in furtherance of said conspiracy the defendant Theodore Mead Kimble made certain statements to Patric Pardee, Robert Nicholes and Rodney Woodberry.
5) That in the course of Discovery proceedings, the State of North Carolina has provided the Defendant with notice of these statements of, including copies of the statements made by Theodore Mead Kimble to each of these witnesses. Specifically, these statements were disclosed in September of 1997 (Discovery memorandum 1 & 2. Additional or supplemental copies of these statements were given to the defendant on July 25, 1998.
6) That this NOTICE applies to any statement made by the codefendant Theodore Mead Kimble in the previously disclosed statements and specifically to the following:

Patrick Pardee:
That Theodore Mead Kimble had taken a second job at Precision fabrics in order to have an alabi, that Ronnie Lee Kimble went to Patricia Blakely Kimble's house shot her with Theodore's pistol, poured gasoline on her and burned the house. That the murder was committed to obtain the life insuracne proceeds. That Ted wished he had waited until the big life insurance policy was in effect. That he would kill

Pardee or someone close to him if Pardee ever turned on him and divulged what he had told him about the murder of Patricia Blakely Kimble.
Robert Nicholes:
Theodore Mead Kimble told Nicholes that he killed Patricia Blakely Kimble, that he had forged her signature on a life insurance policy, that he was angry because he did not get any insurance money, that the policy was not in effect because she had not taken the physical. Ted Kimble bragged about not getting caught, saying if the police had anything on him they would have already arrested him. That the police were too dumb to figure it out because nothing had been taken, but he had reported some jewelry taken. That he was going to kill the investigating officer if he did not quit harrassing him. Ted Kimble then threatened Nicholes, saying he would kill him if he told on Kimble and bragging you already know I will not get caught.
Rodney Woodberry:
Theodore Mead Kimble admitted to Woodberry that he had something to do with the murder of his wife and told him he did not have to talk to the Guilford County Sheriff's detectives. He also told him that if he is asked about Ronnie Lee Kimble he should say he does not know him.

7) That the State of North Carolina will also submit to the court that Theodore Mead Kimble is unavailable to testify due to his Fifth Amendment privilege.
8) That the State of North Carolina will seek to introduce these statements under the recognized exceptions to the hearsay rule, as statements of a coconspirator, declarations against penal interest, and under the other exceptions provisions of Rule 803 and 804.
9) That the reciprocal discovery, provided to the State of North Carolina on July 31, 1998, indicates that the defendant, through counsel has located and interviewed these witnesses.
10) That the State of North Carolina has provided the defendant with a N.C. Gen.Stat. 15A-1054 disclosure indicating that the witnesses Pardee and Nicholes are cooperating with the state pursuant to a written agreement which provided the names of their respective counsel.
11) That the current addresses for these witnesses are as follows:

Patrick Roy Pardee, 1414 County Lake Drive Greensboro, NC 27406

Robert Nicholes, 758 Timberlane Ln. Wilmington, NC 29403
Rodney Woodberry, 129 Piedmont Way Burlington, NC

This Monday, August 3, 1998.
 

/signature/

Richard E. Panosh,
Assistant District Attorney.
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CERTIFICATE OF SERVICE
I, Richard E. Panosh, Assistant District Attorney for the Eighteenth Prosecutorial District, hereby certify that I have served a copy of the attached document on the counsel for the Defendant this date by:

( X ) Placing said copy in an official depository of the United States Post office with the first-class postage prepaid and with the same addressed to:

Mr. John B. Hatfield
Attorney at Law
Hatfield and Hatfield

219 West Washington St.

Greensboro, NC 27401

Mr. W. David Lloyd

Attorney at Law
Suite 301
101 South Elm St.
Greensboro, NC 27401

Mr. John Bryson
Attorney at Law
Wyatt Early Harris & Wheller, L.L.P.
Suite 400
1912 Eastchester Drive
High Point, NC 27265

Mr. Robert McClellan

Attorney at Law
Ivey, McClellan, Gatton & Talcott, L.L.P.
P.O. Box 3324
Greensboro, NC 27402-3324

( X ) Hand delivering it to counsel for Ronnie Lee Kimble in open court this date.
 

This Monday August 3, 1998.
 

/signature/

Richard E. Panosh,
Assistant District Attorney

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