MR. PANOSH: Anne Mauney, please.

ANNE MAUNEY, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. PANOSH:

Q    Would you state your name, please.

A    My name is Anne Mauney.

Q    And your occupation, please?

A    I'm an investigator for the State of North Carolina Department of Insurance.

Q    In the course of your duties, did there come a time when you interviewed Patrick Pardee in reference to this case?

A    Yes, it did.

Q    And specifically, did there come a time when he told you what Theodore Kimble had told him about the death of Patricia Kimble?

A    Yes, sir.

MR. LLOYD: Well, objection, Your Honor. We have

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been over this and we have been over this. It is now rebuttal. And I don't see how this relates to anything that came up in our case, Your Honor.

THE COURT: What's the purpose of this witness, Mr. Panosh?

MR. PANOSH: It is one specific question about how the killer was identified, in rebuttal to the defense' evidence.

THE COURT: Overruled.

Q    Did there come a time when he told you what Theodore Kimble had told him about the death of Patricia Kimble?

A    Yes, sir.

Q    What did he say?

MR. LLOYD: Well, objection, Your Honor. Ask to be heard at the bench.

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.)

THE COURT: Yes, sir. What's the objection?

MR. LLOYD: Well, my very strong suspicion, Your Honor, is, this is not going to corroborate anything Patrick Pardee said.

THE COURT: Well, what is he going to say?

MR. PANOSH: Your Honor, they have attempted to say that there's a mistake here, that Ted was saying Ronnie,

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referring to Rodney. This witness will say that Pardee specifically told her that Theodore Kimble identified the killer as his brother, Ronnie. So there was no possibility of a mistake between Rodney and Ronnie. That's the only purpose.

MR. LLOYD: Judge, when I asked the witness Laura Shepard referred to Rodney Woodberry as Ronnie. And that's her, you know, nickname for him. That's the only -- doesn't have anything to do with Patrick Pardee's testimony. We're not trying to -‑

THE COURT: Let me see what he testified to.

MR. LLOYD: -- cloud the issue. This is merely an attempt to get in something that Pardee said that was not covered in Pardee's direct testimony, and that's highly improper, Your Honor.

THE COURT: When did he testify, Pardee?

MR. LLOYD: He testified -- Pardee and Nicholes would have been right at this -- Monday of the second week; is that right? I mean, the second week of testimony. Or maybe right at the end of the first week. I don't know.

MR. PANOSH: I can find it in my notes.

MR. LLOYD: Well, I can find it. I took detailed notes.

(Time was allowed.)

MR. LLOYD: Okay. I've got my notes.

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THE COURT: He said his brother, Ronnie, did it, said he observed -‑

MR. LLOYD: Yeah, his brother, Ronnie. And there's no mistake in that, Your Honor.

MR. PANOSH: This is rebuttal evidence, because it's clear from there, what they're trying to do is, interject there's a confusion between Ronnie and Rodney.

MR. LLOYD: Your Honor --

MR. PANOSH: And I think it's appropriate just for that limited purpose, to say -‑

THE COURT: If that's all you're going to do -­

MR. PANOSH: That's it.

THE COURT: -- I'll allow it.

MR. LLOYD: Well, I'll state on the record, I'm not going to argue that in closing.

THE COURT: All right. Proceed. I think he's entitled to put that in, if that's the purpose of it. That's all?

MR. PANOSH: That's all.

MR. LLOYD: Judge, but is she going to say the same thing?

THE COURT: No, I hope not.

MR. PANOSH: I'll tell you exactly what she's going to say.

MR. LLOYD: What's she going to say?

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THE COURT: You may.

A    I'm sorry. I thought you asked what he'd said about the murder.

(Mr. Panosh approached the witness stand and indicated on a document.)

THE COURT: Rephrase your question, sir.

Q    Specifically, what did Patrick Pardee say that Theodore Kimble told him about the death of Patricia?

A    Ted said his brother, Ronnie, had taken care of the murder, because he, Ted, didn't want to be married anymore. Mr. Pardee also stated that -‑

MR. LLOYD: Objection, Your Honor.

THE COURT: Sustained.

MR. PANOSH: No further on this witness. Thank you.

MR. LLOYD: No questions, Your Honor.

THE COURT: You may step down, ma'am.