MR. HATFIELD: Mr. Dziadaszek, please. He's already been sworn earlier.

JAMES ALLEN DZIADASZEK, II, having been previously duly sworn, testified as follows during DIRECT EXAMINATION by MR. HATFIELD:

Q    State your name again, please.

A    James Allen Dziadaszek, II.

Q    Mr. Dziadaszek, are you now officially out of the Marine Corps?

A    Yes, I am.

2551

Q    And are you staying in Greensboro for a few days?

A    Yes, I am.

Q    Mr. Dziadaszek, reminding you that you testified earlier in this case, you indicated you were a friend of Ronnie Kimble's; is that correct?

A    Yes, it is.

Q    How many times during your -- well, first tell the jury when you first met Ronnie Kimble.

MR. PANOSH: We object, please. This has all been gone over before.

THE COURT: Sustained.

MR. HATFIELD: Just like to get the date set, and then I'll get to the issue.

THE COURT: You may do that, and then move along.

Q    When did you meet him?

A    I met Ronnie Kimble when I was stationed at the base chaplain's office. It was around the second, third or fourth week in December of -‑

Q    Of -‑

A    -- '96.

Q    Of 1996?

A    Yes.

Q    And do you recall that Ronnie Kimble was arrested on approximately April 1 of 1997?

A    Yes.

2552

Q    So that was about a five-month period there where you were friends; is that right?

A    Yes.

Q    Now, during the five months that you were friends with Ronnie Kimble, how many times did you accompany him to the Greensboro area?

MR. PANOSH: We object. It's all been over before.

THE COURT: Sustained. He's testified previously about his times in Greensboro.

Move along.

Q    How many times during your visits to Greensboro did you see Ted Kimble?

A    Just once.

Q    And can you tell the members of the jury the circumstances of your seeing Ted Kimble.

MR. PANOSH: Object to relevance.

THE COURT: Overruled.

A    Ronnie had a doghouse that he had at the one chapel, and he was just taking it up to Ted's business, to see if his brother could sell it for him.

Q    And did you meet Ted on that occasion?

A    I met him, and the only thing we did was shake hands, and that was all.

Q    And how long was Ronnie there in Ted's presence?

2553

A    Probably only about five minutes.

Q    Did you hear them talk about anything?

A    No. I really wasn't paying attention. I was outside.

Q    Did they set a price on this doghouse?

MR. PANOSH: Objection. He just said he didn't pay attention.

THE COURT: Sustained.

MR. HATFIELD: I don't know what all the anger's about.

THE COURT: Well, move along.

Q    Do you recall whether they put a price for the sale of the doghouse?

A    I know they put a price, but what it was, I really don't know.

Q    Now, during the period that you knew Ronnie Kimble, had you sustained any injuries while you were in the Marine Corps?

A    I was suffering from a fractured leg, which I fractured back in October '95.

Q    And that fracture occurred while you were on a naval tour of -- practicing for a naval tour?

A    Yes.

Q    And what kind of injury was it?

A    It was the tibia -- the tibia-fibula bone. I had about a quarter inch gap in it. I underwent surgery the day I

2554

broke it. They put two screws in it. And I was recovering from that.

Q    As a result of that injury, were you placed on some special duty?

A    I was -- I was -- when I broke my leg, I was in L Company, First Battalion, 8th Marines. I was then transferred to the Third Battalion, 8th Marines, because 1-8 just went off to the Mediterranean, which I was training for. When I was at 3-8, they needed to send some people to the base chaplain's office for a FAP, which is an acronym for Fleet Assistance Program. I was stationed there -­well, 3-8 just transferred me over to the chaplain's office, and that's when I met Ronnie.

Q    Is Fleet Assistance Program an equivalent to light duty?

A    No, it's not.

Q    But it does -- it can involve light duty for people who are recovering from injuries; is that right?

A    Depending on the type of FAP it is, they may send you over there, they may not.

Q    Were you sent to the chaplain's office because you'd been injured?

A    I do not believe so. I was sent over there because when I was transferred to Third Battalion, 8th Marines, I was -- I was put up in the H&S company office and the S-1

2555

office, which is administrative part of the battalion. I am very computer illiterate, and they just basically sent me over there, so hopefully I would learn how to use a computer or something.

Q    Now, during the period that you were associated with Ronnie in the chaplain's office, did you learn about the possibilities for disability in the Marine Corps?

A    I knew about disabilities from the Marine Corps from fellow Marines that I'd known that got out when I was in -­through a couple friends that were getting out on medical boards.

Q    And did you -- were you aware that Ronnie --

MR. PANOSH: We object. This is calling for hearsay.

MR. HATFIELD: No, it's -‑

THE COURT: Well, overruled at this point.

Q    Were you aware of whether or not Ronnie Kimble was suffering from a sleep disorder?

MR. PANOSH: Objection.

THE COURT: Overruled.

A    I became aware of Ronnie Kimble's suffering from sleep disorder around the second -- full second week in January.

Q    The second week in January?

A    Yes.

Q    What caused you to become aware of it?

2556

A    He asked me if I could come up to Greensboro with him, to help him drive, in case he had trouble staying awake, when he came back to see his wife.

Q    After you found out about that, did he discuss it with you at all?

A    Yes, he did.

Q    And did you make any suggestions to him concerning it?

MR. PANOSH: Objection, please.

THE COURT: Suggestions he made to Mr. Kimble, is that your question?

MR. HATFIELD: Yes, sir.

THE COURT: Overruled.

A    I suggested to -- I suggested to Kimble, for the reason that he should see if he could get a medical board, because so then he could get out with some disabilities from it.

Q      So you suggested that to him; is that right?

A    Yes, it is.

Q    What was his response?

MR. PANOSH: We object.

THE COURT: Overruled.

A    At first, he was very hesitant, and then he decided to go on with it.

Q    And do you know whether he ever actually requested any kind of disability consideration by the Marine Corps?

A    No, I don't. I just know he went up to the naval

2557

hospital, Bethesda, Maryland, to have the sleep disorder test, because the naval hospital at Camp Lejeune does not have one.

Q    Now, before you mentioned disability to him, had you ever heard him mention it?

A    No, I didn't.

Q    So whose idea was it, yours or his?

A    Pardon?

Q    Whose idea was it, yours or his?

A    It was mine, mostly.

Q    Now, during that period, did you begin dating Sherry Wilson?

A    Yes, it was about that time.

Q    And is that -- did that cause you to come to Greensboro more often?

A    Yes, it did.

Q    On your visits to Greensboro, other than the time of the doghouse incident, did you ever again see Ted Kimble?

A    No, I haven't.

MR. HATFIELD: No further questions.

THE COURT: Mr. Panosh?

CROSS-EXAMINATION by MR. PANOSH:

Q    When in 1996 did you meet Ronnie?

A    I don't really recall the exact date. I was transferred to the base chaplain's office December 6th of

2558

'96. And at that time, Ronnie Kimble was on the rifle range. So it was about two -- roughly two weeks later.

Q    So late '96 or perhaps early '97?

A    Yes.

Q    First mention of the sleeping -- what Ronnie Kimble referred to as the sleep disorder, was when?

A    Was roughly the first week in '97.

Q    So the first week you met him?

A    Roughly.

Q    So as soon as you met him, he told you about it?

A    He had -- well, I was working with him, because me and him were both maintenance people, Building 37, which is the building we worked at, and he had trouble staying awake. And I asked him about it, and he talked to me about it.

Q    And that was just about as soon as you met him?

A    Yes.

Q    And the conversation about disability followed shortly thereafter?

A    We start-- I actually started talking to him about disability roughly, I believe it was around Valentine's Day '97.

MR. PANOSH: The Court's indulgence for a moment. (Time was allowed for Mr. Panosh.)

MR. PANOSH: Your Honor, I have about three more questions that I need to verify something before I do that.

2559

Could I do that after the break?

THE COURT: Yes.

You may step down, sir.

(The witness left the witness stand.)

THE COURT: Let me see the attorneys up here about an administrative matter before we take our break.

(All three counsel conferred with the Court at the bench.)

THE COURT: Okay. Members of the jury, at this point, we're going to take our lunch recess. You'll need to be back at 2:00 o'clock. Please report to the jury room. Please remember the Court's instructions and the jury responsibility sheet.

Have a nice lunch. I'll see you at 2:00.

Everyone remain seated, while the jury leaves. (The jury left the courtroom at 12:23 p.m.)

THE COURT: You may declare a recess until 2:00 o'clock, sheriff.

(A recess was taken at 12:24 p.m.)

(Court reconvened at 2:03 p.m. The defendant was present. The jury was not present.)

(The jury entered the courtroom at 2:04 p.m.)

THE COURT: I hope the jury panel had a nice lunch and feeling okay. Anyone experiencing any problem this afternoon that I should know about, if you'll raise your hand, I'll be glad to talk with you about that.

2560

You may continue with the next witness for the defense, please.

MR. HATFIELD: That witness -­

THE COURT: Oh, that's right.

MR. PANOSH: We have -‑

THE COURT: Return to the witness stand, please, sir.

MR. PANOSH: We have no further.

THE COURT: No further questions?

MR. PANOSH: No further.