THE COURT: The State call its next witness, please.

MR. PANOSH: Yes, sir.

Mr. Hendrix, please.

THOMAS M. HENDRIX, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. PANOSH:

Q    Would you state your name, please.

A    My name is Thomas M. Hendrix.

Q    And your occupation, sir?

A    I'm associate general counsel for the Life Insurance Company of Georgia and the Southland Life Insurance Company.

Q    You're an attorney by training; is that correct?

A    Yes, I am.

Q    And in the course of your duties, do you have access to the records of Life of Georgia?

A    Yes, I do.

Q    And did there come a time when Life of Georgia took over Southland Life Insurance Company?

A    Life of Georgia's parent company purchased the Southland Life, so that Southland Life and Life of Georgia are what you

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you might call sister companies.

Q    In any event, you represent both of those companies; is that correct?

A    That is correct.

(Mr. Panosh showed exhibits to Mr. Lloyd.)

MR. PANOSH: May I approach the witness, please?

Q    Drawing your attention then to State's Exhibit Number 2 through 2-D, would you refer to those, please. Do you recognize those as part of your company's business records?

A    Yes, I do.

Q    And would you identify those for the ladies and gentlemen of the jury, please.

A    These several pages constitute an application for life insurance.

Q    And on whose life, please?

A    Patricia G. Kimble.

Q    Okay. And the date of that application and the amount?

A    The date of the application is September 12, 1995. The amount of insurance requested is $200,000.

Q    And do you recognize Mr. Jarrell's signature thereon as one of your agents?

A    Mr. Jarrell is one of the company's agents. I would not otherwise know his signature, per se.

Q    Showing you then State's Exhibits 2-E, F and G, do you recognize those documents as coming from your -- the records

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of your company?

A    Yes, I do.

Q    And would you please identify State's Exhibit 2-F.

A    2-F?

Q    The first one.

A    2-E?

Q    2-E.

MR. LLOYD: Well, Your Honor, if we could be heard at the bench.

THE COURT: Yes, sir.

(The witness handed exhibits to Mr. Panosh.)

(The following proceedings were had by the Court and all three counsel at the bench, out of the hearing of the jury.)

THE COURT: All right.

(Mr. Panosh handed exhibits to the Court.)

MR. LLOYD: Judge, one of these is a letter from Steve Bowden, an attorney here in town. The other one is another letter from the company, I'm assuming back to him. I don't know what relevance the letter from Steve Bowden, the attorney, has, especially here in Ronnie Kimble's case. And I don't know what the correspondence back from the company -- sure, they have massive files on I'm sure every one of their insureds. That doesn't mean that it's all admissible in court.

(Time was allowed for the Court.)

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(The Court handed the exhibits to Mr. Panosh.)

THE COURT: It's already in evidence, about her blood type and profile.

MR. LLOYD: Well, I'm not so concerned about her blood type and profile, but if it's already in evidence, then what's the purpose of putting this in?

THE COURT: It's just correspondence showing he made a claim on the $200,000 policy. I think they're entitled to show that, since one of the aggravating factors is pecuniary gain. And this witness can identify it, and whether they can proceed.

MR. LLOYD: Well, if we're just talking about the aggravating factor, Your Honor, wouldn't that more properly come in in the second phase of the trial?

THE COURT: They got to make the case --

MR. LLOYD: Well, I understand that.

THE COURT: -- that she was killed, and motive, as to motive.  Anything you want to put on the record, Mr. Panosh?

MR. PANOSH: Your Honor, that's exactly what -- it's a notice of claim and demand payment by Theodore Kimble three days after she's dead, on the conditional receipt, which is the $200,000 policy, which was not issued, and Life of Georgia's response, saying why they're not going to pay

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it.

THE COURT: The State's entitled to put that in.

MR. LLOYD: Okay.

THE COURT: Overruled.

MR. LLOYD: Would you give them the instruction, Your Honor?

(Proceedings continued in open court.)

THE COURT: Members of the jury, this evidence, the Court again reminds you that you shall not consider this evidence against Ronnie Kimble unless you first find that there was a conspiracy and that Ted and Ronnie Kimble were co-conspirators, and if you find that, then this evidence will be relevant as to Ronnie Kimble, as well.

Proceed.

(Mr. Panosh handed exhibits to the witness.)

Q    Would you identify, first of all, 2-E.

A    2-E is an inquiry from an attorney by the name of Steve Bowden, on October 12, 1995, furnishing notice to Life of Georgia, notice of a claim and a demand for payment, with regard to the death of Patricia Kimble, and inquiry about insurance that was in progress, for which there was a conditional receipt had been issued.

Q    Is that State's Exhibit 2 that I've previously showed you?

A    This is 2-E.

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Q    All right. Does that refer to the policy for the application for $200,000, which is State's Exhibit 2 I've previously showed you?

A    Well, it relates to a conditional receipt that was recently given for a new insurance policy.

Q    And thereafter, what is 2-F?

A    2-F is a response to Mr. Bowden, and that response does say that a $200,000 application for insurance had been placed on the life of Mrs. Kimble, on September the 12th, but the company had not been able to make an underwriting decision on that case, because there were underwriting requirements which had not yet been completed.

Q    And what is 2-G?

A    2-G is a notice from the company's underwriting department that goes to its district office, in which it relates to the district office that it has determined it will be unable to reach a final decision on this application, and this is because the death of Ms. Kimble had occurred before a blood profile test that was a part of the application requirement could be accomplished, and since that was not accomplished, the company was treating this as a withdrawal, and that the money that had been submitted to the company as a deposit for the premium was to be returned. Q    And again, this relates back to State's Exhibit 2, the application for the $200,000 policy?

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A    Yes.

Q    Now, that policy was never in effect; is that correct?

A    That's correct. It never became effective. 

Q    But---

MR. PANOSH: May I approach?

THE COURT: Yes.

Q    -- your company did have various policies on Patricia Kimble; is that correct?

A    Yes.

MR. PANOSH: Your Honor, we'd seek to introduce into evidence 2-E, F and G.

THE COURT: The Court'll allow the introduction.

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

THE COURT: Overruled.

Q    Showing you now what's been marked for identification

as State's Exhibit 112, which is a 12-page document, can you  tell the ladies and gentlemen of the jury what State's Number 112 is.

A    This is the file of Southland Life Insurance Company for a $1,000 policy that insured the life of Ms. Kimble.

Q    Who is the beneficiary?

A    The beneficiary of this policy was Ms. Sheila E. Blakley, who is the mother of the insured.

Q    And was that paid?

A    I beg your pardon?

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Q    Was that paid as a result of her death?

A    The company has paid the $1,000 to Ms. Blakley. This policy also includes an accidental death benefit, which when the matters relating to our insurance are concluded will also pay an additional $1,000 for the accidental death.

Q    Okay. Thank you. Showing you now 113, which consists of 50 pages, what is 113?

A    113 is another policy file for the Southland Life Insurance Company for a policy which insured Ms. Patricia G. Blakley Kimble. This policy is for $25,000. It also includes a $25,000 accidental death benefit.

Q    Total of?

A    Total of $50,000.

Q    And showing you 113-A, is that the rider that you've made reference to, accidental --

A    That's the --

Q    -- death rider?

A    -- accidental death rider, yes.

Q    Showing you 113-B, a two-page document, what is that, please?

A This is a part of what we call the proof of death or the claim for life insurance, which consists of a copy of the death certificate and a claimant statement, which has been submitted by Mr. Ted Kimble.

Q    And he asked for payment on that claim; is that

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correct?

A    Yes.

Q    What date?

A    This is on the 19th day of October, 1995.

Q    Okay. And 113-C, what is that, please?

A    113-C is what's called a declaration -- well, it's a multipurpose form, but in this instance, it makes a declaration that this particular policy has been lost and was not available at the time the claim was being filed. Ordinarily, a policy is returned, together with a death certificate and a claimant statement. Policy for one reason or another apparently was not available when they filed the claim, so they executed a form which said the policy had been lost.

Q    And that also was executed on what date?

A    October 19, 1995.

Q    By whom?

A    That is by Ted Kimble.

Q    Showing you then Number 114, which is a 10-page document, is that a Life of Georgia insurance policy?

A    Yes, it is. This is a copy of the company's file for a Life of Georgia insurance policy, yes, sir.

Q    And the insured is?

A    The insured is Patricia G. Kimble.

Q    And the beneficiary is?

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A    The primary beneficiary is Mr. Theodore M. Kimble, and a contingent beneficiary, Ms. Sheila E. Blakley

Q    And the amount of that policy, please?

A    This policy is also for $25,000.

Q    And showing you then 114-A, is that another accidental rider -- accidental death rider?

A    Yes, it is.

Q    Making the total policy is what?

A    The total would be a total of $50,000.

Q    Showing you 114-B, what is 114-B?

A 114-B is another copy of the claimant statement or proof of death, making claim under this Life of Georgia policy.

Q    Who claimed this $50,000 policy?

A    Ted Kimble.

Q    And what date?

A    On October 19, 1995.

Q    Showing you 114-C, what is that, please?

A    114-C is a similar multipurpose form, which again indicates that -- well, this one is asking for a request of a -- of a policy certificate, which suggests to us that the policy is not available, and it was not submitted as a part of the claim.

Q    Okay. And again, that's dated October the 19th, by Mr. Kimble, Ted Kimble?

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A    By Mr. Ted Kimble on October 19, 1995.

MR. PANOSH: Your Honor, we'd seek to introduce into evidence 112, the $1,000 policy; 113 and -- through 113-C, the first $25,000 policy; 114 through 114-C, the second $25,000 policy.

THE COURT: The Court'll allow the introduction of State's Exhibits 112, 113 through A, B and C and 114 through 114-C.

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

THE COURT: Overruled.

Q    The total amount of insurance then on the life of Patricia Kimble through your company on the date of her death, October the 9th of 1995, was what, please?

A    It would be $102,000.

Q    And $2,000 would have been going to Ms. Blakley, her mother; is that correct?

A    That is correct.

Q    And the other $100,000 would have been designated to which beneficiary?

A    It would -- the primary beneficiary would have been Ted Kimble.

Q    And that's not taking into account the $200,000 which was not placed into effect?

A    That is correct.

MR. PANOSH: No further questions. Thank you,

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sir.

MR. LLOYD: I don't have any questions of this witness, Your Honor.

THE COURT: You may step down, sir.

(The witness left the witness stand.)