Stormy Cross, Witness for the State
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MR. PANOSH: S.G. Cross, please.
THE COURT: I'm sorry?
MR. PANOSH: S.G. Cross is the next witness.
THE COURT: You may stand and stretch, members of the jury, if you'd
like.
STORMY CROSS,
being first duly sworn, testified as follows during DIRECT
EXAMINATION by MR. PANOSH:
Q Would you
state your name, please.
A Stormy
Cross.
Q Okay.
Ma'am, if you could keep your voice up, so that the folks at this
end of the jury box can hear you, I'd appreciate it.
A Yes, sir.
Q Your name
again?
A Stormy
Cross.
Q And your
occupation?
A I'm a
crime scene technician with the Guilford County Sheriff's
Department.
Q How long
have you been a crime scene technician?
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A Four years with Guilford County and four years with High Point
P.D.
MR. HATFIELD: I could not hear the last.
A Four years --
MR. PANOSH: Four years Guilford County and four years High Point.
Q In the course of your duties, did there come a time when you
responded to Brandon Station Court?
A Yes, I
did.
Q And what
were your official duties when you arrived at Brandon Station Court?
A When I
first arrived there, Brian Yarborough and my sergeant, Sergeant
Lindell, were already on the scene, and Sergeant Lindell briefed me
as to what had already been done at the scene.
Q And what
were you assigned to do?
A The first
thing that I did was a walk-through with Sergeant Lindell, to find
out what had already been done and to view the scene for myself. And
then basically what I did after that was videotape several items of
interest outside of the crime scene, and also did some latent
fingerprint work and some still photographs.
Q Drawing
your attention first of all to the latent fingerprint work that you
did, where did you collect those latent fingerprints?
477
A We processed the point of entry, the kitchen door, and the
doorknob with fluorescent powder and UV lights. Those were
photographed, because they could not be readily lifted and then
compared. We also did some fingerprint work on Patricia's vehicle
outside and lifted, I believe I lifted eight or nine latents from
her vehicle.
Q Did you
participate in the lifting of the latent prints from the boat?
A No, sir,
I did not.
(Mr. Panosh
showed an exhibit to Mr. Lloyd.)
Q I'm going
to show you now State's Exhibit 83. Would you take a look at that,
please. What is that, please?
A This is
an envelope for latent prints.
Q Okay. And
do you recognize your handwriting on there?
A Yes, I
do.
Q Okay. And
what is contained in State's Exhibit 83, please?
A These
would be latent fingerprint cards.
Q And would
you hand me the first latent fingerprint card, please.
(The witness
complied.)
Q And that
is 83-A. Can you indicate where 83-A came from, that latent print?
A Yes. It
came from the rear passenger side of the boat, inside, just above
the seat cushion.
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Q And the next print, please, 83-B, where did that come from?
(The witness
handed the exhibit to Mr. Panosh.)
A This one came from the outside of the back passenger window on
the driver's side of the victim's vehicle.
Q 83-C?
(The witness
handed the exhibit to Mr. Panosh.)
A From the inside front passenger window of the victim's vehicle.
Q And the
next one, please.
(The witness
handed the exhibit to Mr. Panosh.)
Q 83-D,
please.
A Inside
the driver's window of the victim's vehicle.
Q 83-E?
(The witness
handed the exhibit to Mr. Panosh.)
A From the boat, the rear passenger inside, along the side of the
boat, just above the seat cushion.
Q 83-F?
(The witness
handed the exhibit to Mr. Panosh.)
A Also from the boat, the rear passenger side, the top right
along the side of the boat seat.
Q 83-G?
(The witness
handed the exhibit to Mr. Panosh.)
A From the
top of the roof, the front passenger side, and the molding of the
windshield on the front passenger side.
479
Q 83-H?
(The witness
handed the exhibit to Mr. Panosh.)
A From the
outside of the front passenger window.
Q Again on
the Subaru?
A Yes, sir,
the vehicle.
Q 83-I?
(The witness handed the exhibit to Mr. Panosh.)
A
From the -- Number 3 from the trunk on the left side, and Number 4
from the middle of the trunk of the victim's vehicle.
MR. PANOSH: Your Honor, we'd seek to introduce 83, the container,
with 83-A through I, the latent prints.
THE COURT: The Court'll allow the -‑
MR. HATFIELD: Objection. There's no bearing on this case.
THE COURT: The Court'll allow the introduction of 83-A through 83-I.
Q After you obtained those latent fingerprints, what did you do
with them?
A They were
placed into an envelope. I usually do that at the scene, and go
ahead and at least put the address of the call down, and then later
on, back in the lab, they were -- the rest of the cards on the back
were filled out, as far as the victim's name and type of crime.
Q
Eventually, were they submitted to Doreen Huntington
480
for analysis?
A Yes, they
were.
Q What did
you do next in the course of your duties?
A After
that, we found some tire tracks that were in the cul-de-sac near the
residence. Those were videotaped, and then they were measured. And
we also found some footprints and tire tracks within the driveway
between the yard and the boathouse, and those were photographed by
videotape, as well as measured.
Q Were
those the type of footprints that could be casted?
A No, sir,
they were not.
Q Were they unique enough to be used for an identification?
A I believe
the detail probably could have been enough for an identification.
That's why they were photographed.
Q Okay.
A I would have to see them, to refresh my memory as to how clear
they were.
Q And after you did that work on the outside of the house, what
did you do next?
A The next
thing we did back inside the house was, Fire Inspector Eddie Harris
asked me to help him select some samples to send to the SBI for
analysis, as far as whether or not an accelerant had been used.
Q Okay.
481
MR. LLOYD: Excuse me. I didn't hear the last of that response, Your
Honor.
A We
collected samples, to test for accelerants.
Q And were
those samples submitted to the SBI?
A Yes, they
were.
MR. PANOSH: Again, Your Honor, because of the volatile nature of
them, we're not going to bring them in, unless counsel requires
them.
MR. LLOYD: We do not, Your Honor.
THE COURT: You may proceed.
MR. PANOSH: Thank you.
Q After you
obtained those samples, what did you collect?
A Do you want me to just give you a list of the items that I
collected?
Q Yes.
A I
collected a Glock 21 handgun from the master bedroom.
Q All
right. Let's stop there for a moment.
A Okay.
Q Showing you State's Exhibit 84, is that the Glock that you
collected?
A I would
have to open it up.
(Mr. Panosh
handed a knife to the witness, and the witness opened up the
exhibit.)
Q You're
removing from box 84 what?
A Item
Number 15.
482
Q Okay. And let's label that as 84-A. What is 84-A?
A 84-A is a
bag that holds a handgun.
Q And where did you collect that handgun?
A This was from the master bedroom on the floor.
Q
Approximately the location where the G is? (Indicated on the
diagram.)
A Yes, sir.
Q Okay.
Are there other items in 84?
A Item
Number 6.
Q And what
is that?
A These are
bullet jacket and metal fragments.
Q Taken
from the victim?
A Yes, sir.
Q Label
that as 84-B. Are there other items?
A There's
16, Item Number 16, which are cartridges for weapon testing, and
Item Number 17, which is cartridges for the weapon tested.
Q All
right. I'm labeling that 84-C. Did you collect this from the bedroom
area?
A I'm
sorry?
Q The
cartridges from the bedroom area?
A I believe
the cartridges were taken from the magazine of the Glock.
Q Okay. And
the magazine was where?
A In the --
in the handgun.
483
Q Is there another item?
A No, sir.
MR. PANOSH: Your Honor, we'd seek to introduce 84 and its contents,
the gun, the magazine, and the bullets, and the projectile recovered
from the victim.
THE COURT: The Court'll allow the introduction of State's Exhibits
84, 84-A, B and C.
Q What was
the next item that you collected, please?
A
There was also a cartridge, a .45 cartridge from the barrel of the
Glock handgun and several hairs, both white and dark, from the
barrel of the handgun; a red fireplace lighter that was found on the
--
Q Okay.
Hold on, please.
A I'm
sorry.
Q Now, drawing your attention to the hairs that you mentioned,
were they sent to the SBI?
A I don't have the control form in front of me. If I could get a
copy of that, I could tell you.
Q Showing
you then State's Exhibit 85, is this the item that you've described
as the bullet that was in the chamber of the weapon?
A Yes, sir,
it is.
Q Okay.
Showing you 86, do you recognize that?
A This is
an envelope, returning items from the SBI.
Q Would you
open it, please.
484
(The witness complied.)
Q And what
is in 86?
A Item
Number 18, debris and hair from the surface of the weapon.
Q Okay.
We're going to label that as 86-A. What else is in there?
A Item
Number 8, which -- plucked hairs from the scalp of the victim. And
Number 9, Item Number 9 is also plucked hair, pubic hair from the
victim.
Q Okay.
MR. PANOSH: Your Honor, we'd seek to introduce into evidence 85, the
bullet from the chamber; 86 and its contents, which are the hairs
from the scene and the hairs from the victim.
THE COURT: The Court'll allow the introduction of State's Exhibits
85, 86-A, B and C.
Q What was
the next item you collected, please?
A A red
fireplace lighter from the floor of the living room, just to the
right of the fireplace.
Q And the
next item?
A A tan telephone answering machine from the kitchen floor, with
-‑
Q And the
next item?
A Keys from
the kitchen floor.
Q Showing
you then what I've marked as 87, what is 87?
485
A 87 is Item Number 34, which are the keys from the kitchen
floor.
Q In the course of your responsibilities, did you photograph
those keys?
A I'm not
sure if I photographed the keys or if Sergeant Lindell photographed
those keys.
Q Okay.
Drawing your attention to 49, does that show the location of the
kitchen floor where those keys in 87 were recovered?
A Can I
open it up?
Q Okay. Do
you need to, to answer the question?
A Yeah.
Q Okay. Go
ahead.
(The witness
complied.)
A Yes, sir.
Q Okay.
MR. PANOSH: Seek to introduce 87, the keys that were found on the
kitchen floor.
THE COURT: The Court'll allow the introduction of State's Exhibit
Number 87.
Q What was
the next item you collected, please?
A The purse
from the Subaru.
Q Showing you then Item Number 80-- or Exhibit 88, could you tell
the ladies and gentlemen of the jury what that is. (Mr. Panosh
opened up the bag.)
486
A That is the victim's purse from the vehicle, the Subaru.
MR. PANOSH: Seek to introduce 88.
THE COURT: The Court'll allow the introduction of State's Exhibit
Number 88.
Q What was
the next thing you recovered?
A The
contents from the front passenger seat of the Subaru, the glove box,
console and console tray, as well as the inside the driver's door,
the contents that were in those areas.
Q And what
was the next thing you recovered?
A Those
were all the items that I recovered.
Q Okay.
After recovering those items and packaging them, what action did you
take in the course of the investigation?
A As far as
evidence?
Q Yes,
please.
A I took
all those items back with me. Sergeant Lindell also collected some
evidence. And it was all transported back to the lab. Photographs
were taken, a video was taken, also.
Q Did you
collect any other items there?
A No, sir.
Q You've
previously indicated that you collected State's Exhibit --
MR. PANOSH: Madam Clerk, what number did I give
487
the gun?
THE CLERK: 84-A.
MR. PANOSH: Thank you.
Q -- 84-A;
is that correct?
A Yes, sir.
Q And when you collected 84-A, did it have -- was it loaded?
A Yes, sir.
There was a magazine also in the gun.
Q Okay.
MR. PANOSH: Have I used 84-D?
THE CLERK: No, sir.
MR. PANOSH: Okay.
Q Showing
you then this item, 84-D, what is this, please?
A I believe this is the magazine from the -- from the Glock.
Q And
what's in the box in 84-D?
A These are
the cartridges from the magazine. Capacity -- has 13 it can hold in
there.
Q Okay. And
when you examined the gun, did you -- were you responsible for
removing the bullets?
A I do not recall if I actually made the gun safe or Sergeant
Lindell did.
Q Okay.
Eventually, did you count the number of rounds that were in the
clip?
A Yes, sir.
488
Q How many rounds were in the clip?
A There were 11 in the magazine clip.
Q 11 rounds in the magazine, and there was one in the barrel; is
that correct?
A Yes, sir.
Q And the
capacity is what, please?
A 13.
Q Did you collect anything else? (Indicated.)
A Two loose
keys from the front yard were also found.
And another
loose key was found right near that one, also in the front yard, by
the picnic table. These were documented, as far as being
photographed. They were also then -- we tried to get latents from
that, by using a portable Super Glue gun, and then dusting it with
black powder. There were no latents found on those keys.
Q What was the approximate location that you found those keys?
A They were found approximately two feet from the picnic table.
Q Where was
the picnic table located?
A The
picnic table was outside of our barrier tape, towards the -- in the
front yard, I would say maybe 10, 15 feet from the road. It's a --
Q When you
say --
A -- pretty
good-sized yard.
489
Q -- "outside the barrier tape," what do you mean?
A The
barrier tape that had been placed around the crime scene.
Q During the evening hours of October the 9th when you were
present, were there civilians, that is, non law-enforcement people,
in that area?
A By the
picnic table?
Q Yes.
A Yes, sir.
I was there on the 10th.
Q I'm
sorry. When you were there, there were civilians
A Yes.
Q -- non
law-enforcement people, around that area?
A Yes, sir.
(Mr. Panosh
showed an exhibit to Mr. Lloyd.)
Q Showing you then State's Exhibit 89, are those the loose keys
that you've previously described?
A I believe
so. Can I open the box?
Q Sure.
(The witness
complied.)
A Yes, sir,
they are.
Q Okay.
Now, I'd like to go back to the -‑
MR. PANOSH: Your Honor, could we introduce 89, please?
490
Exhibit Number
89.
Q I'd like to go back to the clip. I think I made a mistake.
Showing you what we previously referred to as 84-D, and showing you
this bag, which one came out of the gun?
A This one
here, Item Number 22 or 23. It's the magazine from the .45. This is
the spare magazine. (Indicated.)
Q Okay.
MR. PANOSH: Your Honor, can I correct that?
MR. HATFIELD: I'm sorry, Judge. I could not hear the last thing she
said.
THE COURT: Repeat it, please.
Q All
right.
A The
magazine -‑
Q All right. Showing you Item 22 and 23, where did this come
from?
A This is the magazine from the .45. And this is the spare
magazine. (Indicated.)
MR. PANOSH: Can I -‑
THE COURT: 84-D is the spare magazine?
MR. PANOSH: Could I correct it, just make it -
THE COURT: Yes, sir.
MR. PANOSH: -- put 84-D on the correct one?
THE COURT: All right.
(Mr. Panosh
remarked an exhibit.)
491
Q And now, showing you 90, what is Number 90?
A Just the
magazine -- the spare magazine here.
Q And that
was collected from the drawer in the bedroom; is that correct?
A I believe so. I did not collect the spare magazine. MR. PANOSH:
We'd seek to introduce corrected 84-D and 90.
THE COURT: The Court'll allow the introduction of those two
exhibits.
Q After
collecting those items and doing the fingerprint work that you've
previously described, what did you do in the course of your duties?
A Once the photographs were done and the video was completed and
items were collected, I cleared the scene about 9:00 o'clock that
night.
MR. PANOSH: Okay. Thank you. No further questions.
THE COURT: Who's going to cross-examine?
MR. LLOYD: I just have a few questions, Your Honor.
THE COURT: All right, sir.
CROSS-EXAMINATION by MR. LLOYD:
Q Ms. Cross,
these loose keys that you found in the front yard, how many were
there?
A There
were three.
492
Q Three. Did
you try those keys in any of the doors to Patricia Kimble's house?
A Yes, we
did.
Q All
right. And the pistol, the Glock pistol, what did you do with that,
after you collected it?
A Once all
the items were collected, they were taken back to the lab and
secured in the processing room, for either further processing or for
packaging and placing into a locker or packaging and sending to the
SBI.
Q And once it
went to the SBI, you didn't have any control over it when it was
there, did you?
A No, sir.
Q All
right. And the keys on the kitchen floor, did you try those keys, as
well?
A I did not
personally try them, no.
MR. LLOYD: That's
all I have, Your Honor.
THE COURT: You may step down.
REDIRECT EXAMINATION by MR. PANOSH:
Q What were
the results of the keys that you tried?
A They were
negative. None of the keys fit any of the doors.
Q The doors
of Patricia Kimble's house?
A Yes, sir.
Q Did you
check the front and back?
A Yes, sir.
All the doors were checked.
493
MR. PANOSH: No further. Thank you.
THE COURT: You may step down, Ms. Cross.
(The witness left the witness stand.)
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