MR. PANOSH: I believe we can handle the next

matter at the bench, Your Honor.

THE COURT: All right, sir.

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(The following proceedings were had by the Court and all three counsel at the bench, out of the hearing of the jury.) (Mr. Panosh handed an exhibit to the Court, and time was allowed for the Court.)

THE COURT: Well, this is just the estate file.

MR. PANOSH: It just shows where the money went.

THE COURT: Okay. You're entitled to show that. They're entitled to show that.

MR. HATFIELD: Well, there's stuff in there that shouldn't be shown.

THE COURT: Well, what is it, sir?

MR. PANOSH: I didn't hear what they said.

THE COURT: He says there are some things in there that shouldn't be shown. I don't know what they are.

MR. PANOSH: If you want to take it out, you can take it out. This is the file. I didn't take anything out.

MR. LLOYD: Well, are there two or three pages

that succinctly show where the money went?

THE COURT: I don't know.

MR. LLOYD: I mean, I --

MR. PANOSH: Tell me what you object to. I'll probably take it out.

MR. LLOYD: Well, if in fact --

THE COURT: It's a court file.

MR. LLOYD: I understand that, Your Honor.

842

MR. HATFIELD: It's just not relevant.

MR. LLOYD: Yeah, that's --

THE COURT: Well, it is relevant, from the standpoint of the aggravating factor of pecuniary gain. He's entitled to show where the money went.

MR. HATFIELD: He didn't gain any money. THE COURT: Well, he --

MR. LLOYD: Well, then, let's put in the pages that show where the money went, Your Honor.

THE COURT: Look at it and see.

MR. LLOYD: It's Mr. Panosh's document. I don't understand it. I'll be honest.

THE COURT: Well, go through it. It's what's filed downstairs.

(Time was allowed for the Court to review the exhibit.)

THE COURT: Contents of the box, safe deposit box.

MR. LLOYD: Well, does that show where it went?

THE COURT: It just shows what was in there.

MR. LLOYD: All right.

THE COURT: Bill of cost, appoint public administrator, petition, application he files, she files, letters issued for the public administrator, publication, notice to creditors, extension of the payment of cost, application and petition for additional time, public administrator, 90-day inventory.

843

(The Court showed the exhibit to Mr. Lloyd.)

THE COURT: There's a vacant lot, timeshare apartment.

MR. LLOYD: Does it tell where it went?

THE COURT: There's the account there that shows what the list -- (Indicated.) It's a trust account.

MR. PANOSH: I can tell Your Honor basically --

THE COURT: There's where the proceeds, disbursements, funeral bills, creditors' court cost appraisal. There's the insurance collected, $168,000.

MR. LLOYD: But it didn't -- it doesn't show where it went. Says it was received from.

THE COURT: It's just in the estate.

MR. LLOYD: All right.

THE COURT: It just shows where it got it.

MR. LLOYD: All right.

MR. PANOSH: The estate isn't going to be settled until the criminal matters are settled. MR. LLOYD: Okay.

THE COURT: Says the estate is open until this case is completed.

MR. LLOYD: All right.

THE COURT: Additional time to administer, accounting. Letter. That's already in evidence, about the contents of the house. The checks cashed.

844

MR. LLOYD: Uh-huh.

THE COURT: Deed to the -- checks in both their names, the townhouse in -- property's in both their names, ID, where she got the property, title to the car, Subaru, boat.

MR. HATFIELD: Patrick Pardee and Ted Kimble's signature.

THE COURT: Both of them are on there. Signatures on the boat. There's a check to pay for the boat. What's that $1,000 from her for?

(The Court showed a document to Mr. Panosh.)

MR. PANOSH: That's part of the payment on the boat.

THE COURT: Title to the boat, looks like to the Cherokee. That's the -- that's all there is in there. I don't see anything in there that's objectionable.

MR. LLOYD: Well, I just would -- if we're dealing with a document, and let them take it back there, there's no telling what they're going to make of it.

THE COURT: Well, it's already filed. What's the basis of your objection?

MR. LLOYD: Well, first of all, I question the relevance of it, Your Honor.

THE COURT: Well, it's relevant because it shows the assets of the estate --

845

MR. LLOYD: All right.

THE COURT: -- where they came from.

MR. LLOYD: And -- I mean, that's my basic objection.

THE COURT: Well, I'm going to overrule you. Move on.

MR. LLOYD: All right.

MR. PANOSH: Your Honor, I'd like to mark the affidavit as 104-A. I don't think that needs to go to the jury. I just think it needs to be in the record.

THE COURT: Okay.

MR. PANOSH: And that's all the evidence for today, Your Honor.

THE COURT: All right.

MR. PANOSH: If you wanted to use the time to pass the evidence, or do you want to go into the hearing, I don't -- whatever suits Your Honor.

THE COURT: Let's have the hearing.

MR. PANOSH: Okay.

THE COURT: Move the introduction?

MR. PANOSH: Yes, sir. (Proceedings continued in open court.)

MR. PANOSH: Your Honor, we would seek to introduce State's Exhibit 104, the estate file of Patricia Blakley Kimble, and 104-A, for the record, the affidavit of

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the attorney in charge of the estate.

MR. LLOYD: We'd object, Your Honor, on the relevancy ground --

THE COURT: The Court'll allow --

MR. LLOYD: -- and hearsay.

THE COURT: -- the introduction. The Court has ruled at the bench conference on these matters. The Court'll allow their introduction into evidence.

I believe that completes your evidence for this morning, Mr. Panosh?

MR. PANOSH: Yes, Your Honor, that's what we had planned for this morning.

THE COURT: Members of the jury, this will complete the evidence for this session, and you'll be due back Monday morning. And court usually begins on Monday morning at 10:00 o'clock, and the reason for it is, because-- there are lot of courts organizing and functioning here. So you'll need to be back Monday morning at 10:00 o'clock, rather than 9:30. Please report to the jury room.

Again, please very carefully remember the jury responsibility sheet. Do not discuss this case among yourselves, your family or friends. I know they're going to ask you about this case this weekend. You can simply tell them you're a juror. That's the extent of what you can tell them. If they start discussing the case in your presence or

847

talk about the case, you'll need to move away immediately and not listen to those conversations. Do not read, watch or listen to any news or media accounts. Have your family lay it aside, if you wish to look at that after the trial's completed.

Does everyone understand these instructions? (Jurors nodded their head up and down.)

THE COURT: Well, have a nice weekend. I'll see you Monday at 10:00.

(The jury left the courtroom at 11:48 a.m.)

MR. LLOYD: Your Honor, while Mr. Hatfield's looking over some additional items that Mr. Panosh has -­with the last exhibit, I'd just like to bring up a housekeeping matter.

THE COURT: All right, sir.

MR. LLOYD: If we could get some sort of guidance on when Mr. Panosh projects that he would be finished. We've got at least one out-of-state witness that we have to have some lead time, so he can make arrangements to travel here.

THE COURT: Mr. Panosh, do you have any projection

as to when the State might finish its evidence in the

sentencing phase -- I mean the guilt or innocence phase?

MR. PANOSH: Your Honor, we also have out-of-state witnesses, and it depends to some extent on their schedule.

848

I anticipate Wednesday or Thursday.

THE COURT: Mid-week?

MR. PANOSH: Yes, sir.

MR. LLOYD: Thank you, Mr. Panosh.

THE COURT: Okay. I believe we have another matter we need to take care of at this point?

MR. PANOSH: Yes. This relates back to our conversation at the bench, Your Honor. When I picked up the packet, I didn't pick up the second packet, which reveals the sale of the house, which is also part of the estate. Counsel is reviewing that now. There's a large part of it that has to do with the appraisal and things like that, that need not be included, unless counsel wants them in.

MR. HATFIELD: If so, would you just include this? (Mr. Hatfield handed documents to Mr. Panosh.)

MR. PANOSH: Let me see what you want excluded.

MR. HATFIELD: Well, just the summonses, this petition.

(Mr. Hatfield and Mr. Panosh conferred.)

MR. PANOSH: Your Honor, I can mark those things that he doesn't want in the record as 106, and I'll agree that they go in the record and not be passed to the jury.

THE COURT: All right, sir.

MR. PANOSH: And we're marking as 105 those portions which they've agreed are relevant, is that correct

849

MR. LLOYD: Well, Your Honor --

MR. PANOSH: -- that you don't specifically object to?

MR. LLOYD: Yeah, we don't ask to be heard. We don't waive our official objection, but we don't ask to be heard on this. Obviously the Court's ruling is going to be the same as it was.

THE COURT: All right, sir.