Richard Blakley, Witness for the State
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179
(The witness left the witness stand.)
THE COURT: You may stand and stretch, members of the jury, if you'd
like.
Next witness, please.
MR. PANOSH: Richard Blakley, please.
RICHARD BLAKLEY, being first duly sworn, testified as follows
during DIRECT EXAMINATION by MR. PANOSH:
Q Would you state your name, please.
A Richard Blakley.
Q And you are Patricia's father; is that right?
A Yes, sir.
Q And you live where, sir?
A
2547
Branchwater Road, Pleasant Garden.
Q How far is that from Patricia's home on
Brandon
station Court?
A Approximately two miles.
Q So you're substantially closer than Reuben?
A I would say so, yes, sir.
Q On the -- in the few weeks just prior to her death, did
you have conversations with your daughter?
A Yes, sir, I did.
Q And what, if anything, do you recall of those conversations,
as it pertains to insurance?
MR. LLOYD: Well, object again, Your Honor.
THE COURT: Overruled.
180
A She was concerned with him wanting to continually get more
life insurance on her.
Q with who wanted to get more insurance?
A Ted.
Q What was -- what did she tell you?
A Well, she just said that they had had a big fight, and I
understood it as being a verbal fight, over the insurance. He had
several times tried to get insurance on her, and they had went to
counseling about it a time or two, and
Q Did she give you any specifics of the policy?
A Well, the way I remember it, it was $87,000.
Q And when did she tell you this?
A The best of my recollection, it was approximately a week and a
half before she was killed. I think it was probably on a Wednesday
or a Thursday.
Q What was her demeanor or how was she acting when she called
you?
A Well, she started out kind of shook up, and in the process of
talking, we talked about a whole lot of things, and I don't remember
them all, but she calmed down.
Q Did she express any other concerns to you?
A She expressed a concern about the way Ted handled guns, said
he was real reckless with it.
Q Did she make any reference to being required to have a
physical examination?
181
A Yes, sir.
Q What did she say about that?
A She said she was not going to have a physical examination.
Q What was that about?
A The insurance policy.
Q Now, drawing your attention to that particular house that they
were living in, how did she purchase the house?
A We had seen that some person or persons were building a house
there, and we told her about it, and she went up and looked at it,
and at that time, there wasn't anything there but the foundation.
And so, she got in touch with the gentleman that was building it and
talked to him about it and made arrangements, from the time the
foundation was there, up until the time it was finished.
Q And about what time or what time frame did she purchase that
home?
A Well, I think it was probably in October, November of 1990,
best of my recollection.
Q Did you participate in that purchase?
A Yes, sir.
Q Tell the jury about that, please.
A Well, the finance company didn't want to let her have that big
a purchase on her signature alone, because she had never really had
any credit. She didn't need any. She
182
spent money or used cash for what she bought. And so, I cosigned
the house, and it was in mine and her name, as well as her mother's.
Her mother, I think the only reason her name was on it, because she
was married to me, so a spouse's name is automatically on it.
Q And who provided the money for the purchase?
A Pat did.
Q Did there come a time when you transferred the title or took
your name off the title?
A Yes, sir.
Q When was that?
A I can't remember the exact date.
Q Well, let me ask you this. Was it after she married Ted?
A No, it was before she married Ted.
Q And then it became her property solely?
A Yes, sir. Hers and the finance company's.
Q Did she express any concerns to you in the weeks before her
death about her homeowners insurance?
A Well, being my name was on the house to begin with, I got all
the notices that she got about anything concerning the house, even
though it had been taken out of my name. And I got a notice that the
homeowners insurance was being cancelled at the end of that policy,
which if my recollection is right, it was the last day of October of
183
'95.
Q And did you have a conversation with Patricia in reference to
securing other insurance?
A No, sir. I felt like at that time, it was not my business. The
house wasn't in my name. The only thing I done was, I give her the
notice, and it was her business.
Q So you gave her the notice that you received in the mail; is
that right?
A Yes, sir.
Q Now, you visited her in her home quite frequently; is that
right?
A Occasionally.
Q And when the house was first built, did it have a garage?
A No, Slr.
Q When did the garage get added, if you know?
A In just a few months prior to her being killed.
Q And there was a gravel driveway leading up to the garage; is
that correct?
A Yes, sir.
Q What, if anything, do you know about her habits about parking
her vehicle when she returned home?
A Well, it seems to me like if she had had known she was
MR. HATFIELD: Objection.
184
THE
COURT: Sustained.
Q
Do you know of your personal knowledge what her habits were on
parking her vehicle?
MR.
HATFIELD: Objection.
THE
COURT: Overruled, if he knows.
Q
That is, what she usually did when she came home.
MR.
HATFIELD: Objection.
THE
COURT: Overruled.
Q
You can answer that.
A
She parked anywhere she wanted to. And they pretty much figured out
where they was going to move things later.
Q
And after her death, did you bring this information that you knew
about her insurance to the attention of the sheriff's department?
A
Yes, sir, I did.
MR.
PANOSH: No further. Thank you.
THE COURT:
Cross-examination?
MR. HATFIELD: Yes.
CROSS-EXAMINATION by MR. HATFIELD:
Q Mr. Blakley,
did your daughter tell you that she had worked out an equity account
with NationsBank, to draw money out of the equity in her house?
A She told me
some manner or something of that, yes, sir.
Q
So when she acquired the house in October of 1990, you cosigned it,
along with your wife at that time, but later,
185
the --
she refinanced the house with another savings and loan, and your
name and your wife's -- your former wife's name were removed,
weren't they?
A Yes, sir.
Q And at
that point in time, Patricia owned her home solely in her own name?
A Yes, sir.
Q
Subsequent to that, she married Theodore Kimble, didn't she?
A Yes, sir.
Q And then
at some point subsequent to that, she told you that she opened up an
equity account, didn't she?
A I don't
remember it being an equity account. I know they talked about the
NationsBank and they had got a loan. I don't remember it being said
it was an equity account.
Q Have you
heard the term "Line 1 Equity"? Did you ever hear anyone use that
term in your family?
A I don't
think so.
Q You do
understand how an equity account works, though, don't you, sir?
A No, sir.
Q Now, if
she borrowed money on her house with Nations Bank, would she have
had to insure that loan with some other homeowners insurance
company?
A I have no
idea.
186
Q So when
you received word of cancellation of her previous existing
homeowners policy, that may have been because another policy was
substituted for it; isn't that right?
A No, sir.
I talked to her enough about that to understand that she said that
the insurance company used as an excuse that the house had been
broken into twice, was the reason they were canceling the insurance.
Q So they
canceled it because they were tired of paying claims to Patricia; is
that right?
A I suppose
so.
Q Did
Patricia tell you about her purchase of a vacation apartment in
Williamsburg, Virginia?
A No, sir.
I didn't know about that until after she died.
Q But it's
a fact, isn't it?
A Well,
according to the -- what was in her lock box at the bank,
they had some type of agreement on that, that was in there. I've
never seen it. But it was an inventory of what was in that lock box,
and that was one of the things that was mentioned in that inventory.
Q But in
any event, you assisted in selling her house later, after she had
died, didn't you?
A No, sir.
Q You had
nothing to do with that?
187
A No, sir.
Q Well,
don't you know that when her house was sold, that the $18,000 owed
to Nations Bank was paid back to Nations Bank?
A Well, I
was informed of that.
Q Do you
know what happened to the timeshare?
A I have no
idea.
Q Do you
know who owns it now?
A No, sir.
Q You don't
own it, do you?
A No, sir.
Or if I do, I'm -- own something I don't know about.
Q Were you
aware that she and Ted had gone up to Williamsburg a number of
times?
A She went
up there a number of times before she ever met Ted. She liked that
area.
Q And after
they got married, they went up there a number of times, didn't they?
A I suppose
so.
Q Isn't it
a fact that they frequently took weekend trips?
A Yes, sir.
Q And it
was your information that they enjoyed those trips, wasn't it?
Didn't they enjoy them?
A Yes, sir.
188
Q And
weren't they regular churchgoers together?
A Yes, sir.
Q And
didn't your daughter tell you that she was trying to get pregnant?
A No, sir.
Q Never
spoke to you about that?
A She said
at one time that her biological clock was going to run out one day,
and she wanted to have children before it did.
Q But she
was talking about her husband Ted and her, wasn't she?
A I suppose
so.
Q Did she
tell you any other personal things about her relationship with Ted?
A Well, a
whole lot of personal things, but I don't remember them all right
now. She told me one time that one of the reasons that she married
him is because he reminded her a whole lot of me, the way that he
worked, he could do about anything.
Q Well,
that was a pretty flattering comment for both of you, wasn't it?
A Well, it
was at that time, yes.
Q Now, you
said that when she mentioned this insurance that she didn't approve
of, that she mentioned some $87,000; is that right?
189
A Yes, sir.
Q You did
know that she and Ted were obligated to pay Mr. Lyles back a sum of
money for the purchase of his business, didn't you?
MR. PANOSH:
Object.
Q Did you
know --
THE COURT:
Overruled.
Q --
the details of that?
THE COURT: You
may answer, if you know, sir.
A I didn't
know the details, but I was under the impression that they had
borrowed $25,000 from Ted's mother and father to put a down payment
on it, and I was under the impression they still owed Gary Lyles
approximately $25,000.
Q So were
you under the impression that the total purchase price of the
business was $50,000?
A That was
my general impression, yeah.
Q And
$25,000 of it was paid to Mr. Lyles up front, from money borrowed
from Edna and Ron Kimble; is that correct?
A Yes, sir.
Q And 25
more thousand was owed directly to Gary Lyles; is that right?
A That was
my impression, yes, sir.
Q So to
secure the acquisition of the business, it would have been necessary
to have at least $50,000 in insurance, wouldn't it?
190
A Yes, sir.
MR. PANOSH: We
object.
Q And the
purpose --
THE COURT:
Sustained.
Q The purpose
of the insurance would have been for these two young married people,
who were working so hard, would be to hold onto the Lyles'
investment, in the event that one or the other of them died; wasn't
that the plan?
MR. PANOSH: We
object.
THE COURT:
Sustained.
MR. HATFIELD: Your
Honor, he knows the answer to this.
THE COURT:
Sustained.
Q You know that
they were obligated to pay a total of $50,000 for the business,
don't you?
A That was my
impression. I don't know. I've never seen it on paper.
Q And this was
a joint obligation of the two of them, wasn't it?
A I've never
seen that on paper either.
Q Now, if one
of them had died, based upon your knowledge of their finances, could
the other one have held onto the business with all of that debt?
A I didn't know
the details of their finances.
Q
Do
you know what the terms "key man insurance" is, what
191
that term
means?
A No, sir.
Q Are you
aware of the business practice of securing debts with insurance, so
that if the debtor dies --
MR. PANOSH:
He's already said he doesn't know what it is, Your Honor. We object,
please.
THE COURT:
Sustained.
MR. HATFIELD:
Your Honor, I'm going to ask him if he has knowledge of this. If he
doesn't know the name of it, maybe he has knowledge of it in some
other fashion. I'd like to just question this witness
THE COURT: I'm
going to limit it to that.
Proceed.
Q You're
aware that it is a common business practice to secure indebtedness
by putting insurance on the life of the debtor, aren't you?
A No, not
really.
Q Well,
now, don't you know that Theodore Kimble made arrangements with Mr.
Jarrell for a $25,000 policy on his life?
MR. PANOSH: We
object, Your Honor.
MR. HATFIELD:
Your Honor --
MR. PANOSH: He
said he doesn't know.
MR. HATFIELD:
Your Honor --
THE COURT:
Well, sustained.
192
MR. HATFIELD:
Your Honor, I represent this man, and --
THE COURT:
Well--
MR. HATFIELD:
-- every time I try to ask a question
THE COURT:
wait just a minute, sir. He said he doesn't know anything about the
finances. You may ask him specifically that question, and I'll let
him answer it.
MR. HATFIELD:
Your Honor, he knows an awful lot about the finances.
THE COURT:
Well, don't get into that, Sir.
Q Don't you
know that Ted Kimble negotiated for a $25,000 life insurance policy
with Mr. Jarrell, from Life of Georgia, in order to secure his
obligation to pay back his parents, in the event of his death? Don't
you know that, sir?
A No, sir.
I heard Mr. Jarrell speak of that on the stand yesterday. That's all
I know about it.
Q And don't
you know that your daughter also had an obligation to either Mr.
Lyles or to the Kimbles, for her share of this business investment?
Don't you know that, too?
A No, sir,
I didn't.
Q Didn't
she tell you
A I didn't
know that the business was ever in the joint
193
names of Mr. and
Mrs. Theodore Kimble.
Q Well, didn't you know that --
A I've never seen the first piece of paperwork on
it.
Q Didn't you
know that your daughter assisted in keeping the books at the
business?
A She did to
start with, and then I was told later that Ted made her quit. He
took his books to a bookkeeper.
Q When were
you told that, and were you told it by Patricia?
A I was told by Patricia.
Q Do you remember when that was?
A Not exactly.
Q Did Patricia know how to keep books?
A Yes, sir.
Q You recall
that a week and a half before your daughter died, on October
9, 1995,
that was
either a Wednesday or a Thursday, that she discussed
$87,000
in insurance,
don't you?
A Yes, sir.
Q Now, don't
you know that your daughter already had
$50,000
in insurance
coverage, that she had arranged prior to marrying Ted?
A I do now, but I didn't then.
Q Don't you
know there was at least one $25,000 life insurance policy, which
your former wife, Patricia's mother,
194
was the
beneficiary?
A I know
there was insurance, but I did not know the
amount of it.
Q So you
knew there was -- there were two $25,000
policies,
didn't you?
MR. PANOSH:
objection.
THE COURT:
sustained.
Q You just
got through saying
THE COURT: He
said he knew they were insurance. He didn't know the amounts.
Q I thought
you said you didn't know who the beneficiaries were.
A No. I
said I didn't know the amount of the policy that her mother had
taken out.
Q All
right. So her mother took a policy out on her and named herself as
the beneficiary?
A I think
me and her mother both was the beneficiary at one time, but I
understand now that's been -- that was changed after they
were married.
Q And who
was the beneficiary of the other policy?
A According
to what I can understand, after she died, that Ted was.
Q Now, do
you remember talking about insurance with your daughter on any
occasion other than the one you've told about, which was a Wednesday
or a Thursday, a week and a
195
half before
her death?
A Not
extensively.
Q So the
reason that you don't have any details about insurance today, when
I'm questioning you, is because no one ever told you any details of
the insurance situation; isn't that right?
A No. I
mean, it's something that, did I really need to know that?
Q So if
there was existing $50,000, and if she was talking to you about
$87,000, then the amount that would have been put on her life a few
weeks before she died was closer to $37,000, wasn't it?
MR. PANOSH: We
object.
THE COURT:
Sustained.
Q Well, you
can't think of any other explanation for the figure $87,000 than
that, could you?
MR. PANOSH: We
object.
THE COURT:
Overruled.
A Do you
really want me to answer that question?
Q You can't
think --
MR. PANOSH:
We'd like the answer in the record, Your Honor.
THE COURT: You
may answer the question, sir.
A I think
Ted was taking it out so he could collect it after she was killed.
196
Q You think
he was adding an additional $37,000, to the $50,000 that was already
on her life, so he could collect it after she died? Is that your
opinion?
A No. I
think he was adding $87,000 onto the -- whatever additional
insurance she may have had.
Q Now, did
you hear Nancy Young testify a little while ago in this courtroom?
A I heard
part of what she said.
Q Your
various times when you saw both Ted and Patricia together, you saw
affectionate people, didn't you?
A Yes, Sir.
Q And
wasn't it your experience that in sometimes, they even seemed too
affectionate?
A Well,
I'll agree with Ms. Young, the best I heard what she said. They
embarrassed me at times with their affection.
Q And they
were regular churchgoers, at a church that Patricia had been a
member of for a long, long time; isn't that right?
A Well, I
didn't ever see her in there, but I understand that's the truth.
Q Well,
were you there?
A No, sir.
Q So you
know she was a regular churchgoer, but it just so happens that you
weren't during that time?
197
A That's
right. I was not and still am not.
Q You knew
that these people were affectionate toward each other and that they
both worked hard, didn't you?
A Yes, sir.
Q And you
never heard of either one of them shirking their duties at their
places of employment, did you?
A No, sir.
Q Did you
ever see Patricia operating a Jeep Cherokee that she and Ted bought?
A No, sir.
Q You never
saw her drive it?
A No, Sir.
Q Did you
know that she was jointly obligated to pay for it?
A Well, I
understood that after they -- after she was dead.
Q Did you
know that she and Ted had bought a boat?
A Yes, Sir.
Q Did you
ever go riding on it with them on a lake somewhere?
A Yes, sir.
Q And did
you, was it your observation that Patricia enjoyed the boat?
A Yes, Sir.
Q And Ted
enjoyed the boat?
198
A Yes, sir.
Q You never
heard either one of these young people complain that their finances
were becoming difficult for them, did you?
A Well, she
talked about money occasionally.
Q She was a
very resourceful person who always made enough money to take care of
her needs, didn't she?
A Well, I
think she was a genius with figures, if that's the question you're
asking me.
Q Then if
she signed on for a Line 1 equity with NationsBank, she would have
had good judgment about whether that was the right thing to do,
because she knew figures, didn't she?
A Well, I
think that was probably a move on her part to the least of the worst
of two evils.
Q Well, are
you aware that she made double payments on her mortgage?
A I have
heard that recently, yeah.
Q And that
would have been a good way for her to make sure that some of the
family money was heading her direction, since she owned the house;
isn't that right?
A Well, I
think you're asking me to draw a conclusion there. I don't --
I don't know of that.
Q But you
do know that she made double payments on the mortgage?
199
A No, sir, I don’t. I have heard rumors to that effect
lately, but I have not seen it on paper.
Q Now, when you called her
A genius at figures, do you mean that she can accurately
keep track of complicated bookkeeping and complicated sums of money?
A Yes, sir.
Q On the uncomplicated level, do you know what happened
to the proceeds of the yard sale that she may have had with her on
October 9th?
A I did not know of the yard sale until after she had
died.
Q Do you know what happened to the petty cash at her
office after she died?
A No, sir.
Q Did you have any occasion around the fire scene, on
the late hours of October 9th, to examine the Subaru vehicle that
she drove?
A Not any more than I examined that table there.
(Indicated.)
Q You looked at it, in other words?
A I saw it was there.
Q Did you know - -
A I know about where it was parked.
Q You didn’t look inside or anything?
A No, sir.
200
Q Did
anyone talk to you about the fact that the engine wouldn't start?
A A few
days later, yes, sir.
Q And do
you know what was done to get the car out of there, since the engine
wouldn't start?
A No, Sir.
Q Who took
care of that?
A I have no
knowledge of who moved the car.
Q Did you
attend the memorial service for Patricia?
A I
attended one.
Q Do you
remember an unidentified man --
MR. PANOSH: We
object.
MR. HATFIELD:
Your Honor, I thought the --
THE COURT:
wait a minute. Ask your question and I'll rule. I don't know what
the question is, sir.
Q Do you
remember an unidentified man in an intoxicated condition appearing
at her memorial service?
THE COURT:
Overruled.
MR. PANOSH: We
object.
THE COURT:
Overruled.
MR. PANOSH:
We'd like to be heard.
THE COURT: Step out, members of the jury,
please. Do not discuss the case.
(The jury left the courtroom at
12:08
p.m.)
THE COURT: All right, sir. What's the question,
201
Mr. Hatfield?
MR. HATFIELD: Excuse me?
THE COURT: What's the line of questioning?
MR. HATFIELD: I don't understand.
THE COURT: What's your line of questioning about the --
MR. HATFIELD: There -- an individual claiming to have been a
former lover of Patricia was seen at the memorial service in an
apparently intoxicated condition and said that he was a suspect.
THE COURT: Can you answer that question, sir?
THE WITNESS: I have no knowledge of that.
THE COURT: okay, sir. It'll be sustained.
MR. HATFIELD: Then I don't see why anyone objects then.
THE COURT: Well, the question is objectionable. I don't want you
putting something in the minds of the jury that mayor may not be
relevant to this case. He says
MR. HATFIELD: Your Honor, I can assure you -- I'm sorry. I
didn't mean to interrupt.
THE COURT: He says he doesn't know anything about that.
MR. HATFIELD: Well, I can assure you that there are many people,
including
Detective
Church
202
THE
COURT: Well --
MR.
HATFIELD: -- that do.
THE
COURT: -- I'll let you do that, if that witness comes to the stand
--
MR.
HATFIELD: Thank you.
THE
COURT: -- but this witness said he doesn't know that.
MR.
HATFIELD: All right. Thank you.
THE
COURT: Mr. Panosh, do you wish to be heard?
MR.
PANOSH: Your Honor, in State v. Allen and the cases that
follow it, they say, "As a general rule, evidence that another
person committed a crime which the defendant is charged is
admissible when it points directly to the guilt of a third party.
Evidence tending to show that a crime was committed by another is
inadmissible, however, when such evidence creates only an inference
or conjecture as to the other's guilt."
Your
Honor, we would ask that you rule at this time that unless they
prove in the absence of the jury that they have direct evidence
pointing directly to a third party, not evidence that is just some
conjecture or speculation, that they not state it in the presence of
the jury. And that --
MR.
HATFIELD: I'd like to respond.
MR. PANOSH: That theory of law has been adopted in State v.
Brewer, which is a 1989 case from our Supreme
203
Court.
THE COURT: Well, the Court's going to in this I don't know what the
witness is going to say, only -- I don't even know what they
might say. What's -- Mr. Hatfield, do you have any basis for
that?
MR. HATFIELD: Yes, I do, extensive basis.
Furthermore, we're not trying to prove that someone else committed
the crime. We're trying to show that there were people whose
behavior attracted suspicion, who were not investigated. And there
are a number of people like that.
I thought this witness knew full well who I was talking about, and
that's the reason I asked this question. I've discussed it with
Detective Church. There are other witnesses who we intend to ask the
same question of. There are a number of people -- this was
what Mr. Cochran, my great mentor, said was a rush to judgment. This
case is all about fingerpointing at one suspect or two suspects, and
forgetting everybody else. And there were at least a half a dozen
logical suspects who were not investigated. And we don't have to
come in here and do the sheriff's department and Mr. Panosh's work
and solve this crime, in order to get a little evidence in. I think
we have a right to cross-examine people. I thought that this man saw
the individual that I'm talking about.
THE COURT: Unless you can put up credible
204
evidence or something of that nature, the Court's going to sustain
the objection.
MR. HATFIELD: As against this individual?
THE COURT: As this individual and any others, unless you've got
some basis for the accusation.
MR. HATFIELD: Your Honor, it's in the pretrial discovery materials
all over the place. That's why Mr. Panosh comes in here with a bunch
of cases and a bad tone of voice when he's addressing everybody
about it.
THE COURT: Mr. Panosh is doing his job as the prosecutor.
MR. HATFIELD: Well, I am, too, Your Honor.
THE COURT: Well, I know both of you are, and you're doing fine so
far. But unless you can lay some foundation for that or some basis
for it. Just -- in any criminal investigation, there's a
number of people who surface on the --
MR. HATFIELD: That's right. And when they abandon those without
justification, it's worthy of consideration. When there is just as
much evidence against another individual as there is against the
individual charged, then the question needs to be answered, why was
nothing done about that particular individual? Why was no further
inquiry made? We have a right to cross-examine, to probe the
investigative techniques that were used.
205
THE COURT: Well, this is not an investigator. This witness is her
father.
MR. HATFIELD: No, but I thought --
THE COURT: He says he doesn't know anything about that.
MR. HATFIELD: I thought he -- well, I still think that he may know
what I'm talking about, but I accept his answer.
THE COURT: Well, don't proceed any further with this witness.
Bring them back.
(The jury entered the courtroom at 12:13 p.m.)
THE COURT: You may continue, sir.
MR. HATFIELD: That's our examination. Thank you, Your Honor.
THE COURT: All right.
Any additional ---
MR. PANOSH: Yes, sir.
THE COURT: -- questions by the State?
REDIRECT EXAMINATION by MR. PANOSH:
Q Are you familiar of the approximate date that Lyles Building
Supply became the property of Theodore Kimble?
A Well, not at the time. I remember --
MR. HATFIELD: Objection.
THE COURT:
Well, sustained.
206
Q Let me ask you this. When did you become aware that
Ted and Patricia were married?
A May the 7th
Q '94, sir?
A I believe it was.
Q Okay. A little more than a year before her death? Or -- Excuse
me.
A Yes.
Q And after they were married -- or how long after they
were married did it come to your attention that Ted had purchased
Lyles?
MR. HATFIELD: Objection to this leading.
THE COURT: Overruled. You may answer.
MR. HATFIELD: He's already said he doesn't know when he purchased
Lyles.
A My estimation was that they had bought it before they were
married, but --
Q So it was close to the time of the marriage?
A Yes, sir.
Q And this is -- this discussion you had with her about
insurance was close to the time of her death?
A Yes, sir.
Q And not related to the purchase
MR. HATFIELD: objection.
207
Q -- of Lyles?
MR. HATFIELD: It's already been covered.
THE COURT: Sustained.
Q You indicated to Mr. Hatfield that your daughter talked about
money occasionally. what did she say?
A That Ted was spending a whole lot.
Q Did she give you examples?
A The Jeep. But she agreed to the Jeep in -- so he
wouldn't buy the motorcycle.
MR. PANOSH: No further questions.
MR. HATFIELD: Just a couple.
THE COURT: All right, sir.
RECROSS-EXAMINATION by MR. HATFIELD:
Q You were
deceived by your daughter about when she was actually married,
weren't you?
A Yes, sir.
Q Tell the
jury about how she deceived you.
A Well, I
found out after she died, through this same inventory of the safety
deposit box at the bank, that in that box was a marriage certificate
or marriage license or marriage -- some type of document,
from December the 21st, probably '93, Danville, Virginia, a marriage
certificate, Ted and Patricia.
Q So your
daughter got secretly married to Ted several months before you found
out about it; isn't that right?
208
A Yes, sir.
Q And even
when you found out about it, it wasn't that you found out there'd
been a prior marriage, you just thought they had a marriage in May,
didn't you?
A Yes, sir.
Q That's a
good indication how much you know about her personal life, isn't it?
MR. PANOSH:
We'd object to the comment.
THE COURT:
sustained.
Disregard
that, members of the jury.
Q Well,
there were a great many things you didn't know about her personal
business dealings; isn't that right?
A I have no
doubt of that.
MR. HATFIELD:
Thank you. No further questions.
THE COURT: Additional questions?
MR. PANOSH: No further.
THE COURT: Step down, sir. watch your step. (The witness left the
witness stand.)
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