MR. PANOSH: Yes, sir.

Detective Church.

JAMES D. CHURCH, having been previously duly sworn, testified as follows during DIRECT EXAMINATION by MR. PANOSH:

Q    State your name, sir.

A    Detective James Church.

Q    Detective Church -‑

MR. PANOSH: May I approach the witness, Your Honor?

THE COURT: You may.

2640

Q    In the course of your duties, did you interview Mr. Jeffrey Clark on three occasions, Jeffrey Conluis Clark?

A    Yes, sir, I did.

MR. LLOYD: Well, objection, Your Honor. Mr. Pendergrass has just been over this.

THE COURT: Sustained.

MR. PANOSH: Your Honor, he only did one. I'm going to do the other two, if it please the Court.

THE COURT: All right, sir.

Q    Drawing your attention to State's Exhibits 150 and 151, and picking up 150, is that a statement that Jeffrey Clark gave you?

A    Yes, sir.

Q    And did he sign each page in your presence?

A    Yes, sir, he did.

Q    Did you allow him to make corrections?

A    Yes, sir. We went over this statement word for word, and he was allowed to correct anything that was not right or add to anything in this statement that he chose to.

Q    Have you reviewed State's Exhibit 150?

A    Well, I know that it's the statement I took from him, yes, sir.

Q    Okay. Have you reviewed it, have you gone through it?

A    Yes, sir. Not right -‑

Q    Is it accurate?

2641

A    -- now, but I know what it is.

Q    Is it accurate?

A    Yes, sir, it is.

MR. PANOSH: We'd seek to admit 150.

THE COURT: The Court'll -‑

MR. LLOYD: Object -‑

THE COURT: -- allow the introduction.

MR. LLOYD: -- Your Honor.

Q    Looking at 151, what is that, sir?

A    It is a second statement that I took from Jeffrey Conluis Clark on the 28th of October, 1997.

Q    Again, did he sign each page?

A    Yes, sir, he did.

Q    Was he allowed to make corrections?

A    Yes, sir, he was.

Q    Is it accurate?

A    Yes, sir.

MR. PANOSH: Seek to introduce 151.

MR. LLOYD: Object, Your Honor.

THE COURT: The basis of the objection?

MR. LLOYD: Grounds previously stated, Your Honor.

THE COURT: Overruled. The Court'll allow the introduction of 151.

Q    Now, in the course of your interviews with Jeff Clark, did you promise him anything, in order to get him to give

2642

you those statements?

A    No, sir, never promised Jeffrey Clark one thing. (Mr. Panosh showed an exhibit to Mr. Lloyd and Mr. Hatfield.)

Q    In the course of your investigation, did you obtain the telephone bills for the cellular phone for Ted Kimble?

MR. HATFIELD: This isn't rebuttal.

THE COURT: Overruled.

A    Yes, sir, I did. The cellular telephone?

Q    Yes.

A    Yes, sir, I did.

MR. HATFIELD: Your Honor, this is brand new material.

THE COURT: Overruled.

(Mr. Panosh conferred with Mr. Hatfield and Mr. Lloyd.)

MR. HATFIELD: Your Honor, I do not believe that it is proper to introduce material -‑

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.) (Mr. Hatfield handed an exhibit to the Court.)

THE COURT: All right. Mr. Panosh, what is Exhibit 159 -- or 149? Excuse me.

MR. PANOSH: Your Honor, on cross-examination, the defendant, he admitted to making certain telephone calls to

2643

(sic) the base on October the 30th of 1995. He went over State's Exhibit 145, which has not yet been introduced, and identified the phone numbers that he could identify. He eventually indicated that he did in fact talk to Theodore Kimble on those dates.

MR. HATFIELD: No, he did not say that.

MR. PANOSH: Well, my recollection is that he said that.

MR. HATFIELD: He said he talked to his father.

THE COURT: Yeah.

MR. PANOSH: Your Honor, my recollection is, he specifically said his father on one occasion, but he said in the evening, it was Ted.

MR. HATFIELD: He said he talked to his father most of the time.

THE COURT: Well, the jury can take their own recollection. These doesn't say who he talked to.

MR. PANOSH: That's right. But they're from Ted's phone on that particular date, and they go to corroborate that information.

MR. HATFIELD: Should have introduced -‑

MR. PANOSH: This is October 30th.

MR. HATFIELD: -- them when he was putting on his case. This is rebuttal.

THE COURT: Any other objection? Is that. the

2644

basis of your objection?

MR. HATFIELD: No, I also have another objection. (The Court handed the exhibit to Mr. Panosh.)

MR. HATFIELD: They are misleading and they ought to be excluded under 403, because they do not -- because those phones are accessible to a number of people. They have -- this has no probative value. As Ronnie said himself when he was being questioned, he received calls from his dad, his dad worked up there a great deal. We've heard -­almost every witness who knows anything about Lyles has said that Ron Kimble, Sr. was up there.

THE COURT: I think the State's entitled to show that certain phone calls were made, that've already been identified by the witness.

MR. HATFIELD: Well, let's see. He hasn't ever showed us that other thing, either.

MR. PANOSH: This? (Indicated.)

MR. HATFIELD: Yeah.

MR. PANOSH: That's what he filled out on the stand.

THE COURT: What's the exhibit number on that, for the record? What's the exhibit number on the -‑

MR. PANOSH: 145.

MR. LLOYD: The other thing is, Your Honor, we've never gotten copies of these records, as far as I know. And

2645

Mr. Panosh has given us a whole lot of material.

THE COURT: Has it been provided to the defense team?

MR. PANOSH: I told them of their existence. I told them they were in a box in my office. I invited them on multiple occasions to come and review them. And to my knowledge, they haven't been reviewed.

THE COURT: The objection's overruled.

Proceed. Let's move along.

(Proceedings continued in open court.)

(Mr. Panosh handed an exhibit to the witness.)

Q    Drawing your attention to State's Exhibit 149, are those the telephone records of Theodore Kimble's business cellular phone?

A    Yes, to Lyles.

Q    In the course of your investigation, did you obtain those records?

A    Yes, I did.

Q    And do they show certain telephone calls for the period of time October -‑

MR. HATFIELD: Objection. They speak for themselves. He doesn't know anything about what they show.

THE COURT: Overruled.

Q    Do they cover the period of time October the 30th of 1995?

2646

A    Yes, they do.

MR. PANOSH: Seek to introduce that, 149.

MR. LLOYD: Object for the record, Your Honor.

THE COURT: Objection overruled. The Court'll allow the introduction of State's Exhibit 149.

MR. PANOSH: Your Honor, not through this witness, but since it's our time to present evidence, we'd seek to introduce 145, which is the piece of paper that's -­

MR. HATFIELD: What's on the second page?

(Mr. Panosh indicated.)

MR. HATFIELD: Okay.

MR. PANOSH: -- that Ronnie Kimble filled out while he was testifying.

THE COURT: The Court'll allow the introduction of State's Exhibit 145.

Further questions, sir?

MR. PANOSH: Yes, sir.

(Time was allowed for Mr. Panosh.)

MR. PANOSH: No further at this time. Thank you.

MR. HATFIELD: No questions.

THE COURT: Step down, sir.

Next witness, please.