Next witness, please.

(The witness left the witness stand.)

MR. PANOSH: Mr. Pardee, please.

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

Q    Would you state your name, sir.

A    Patrick Pardee.

Q    Mr. Pardee, do you know Theodore Kimble?

A    Yes, sir, I do.

Q    Do you know Ronnie Kimble?

A    Yes, sir, I do.

Q    And how do you know Pat-- how do you know Theodore and Ronnie Kimble?

A    I know Ted Kimble through church. And I met his

1110

brother, Ronnie Kimble, on several occasions.

Q    Are you indicating that you met Ronnie through Ted?

A    Yes, sir.

Q    Did there come a time when you began to work on a part-time basis at Lyles Building Supply?

A    Never officially, sir.

Q    Did there come a time when you were there frequently?

A    Yes, sir.

Q    Why were you there?

A    Because at the time, I was unemployed, I was waiting on a company to make me an offer, and he asked me to help him out.

Q    Immediately prior to being unemployed, what was your occupation?

A    I was a college student.

Q    Did there come a time when you received full-time employment, obtained full-time employment?

A    After that?

Q    Yes.

A    Yes, sir.

Q    Where did you work?

A    A company called PageNet, Incorporated.

Q    What were your duties with PageNet?

A    I was an account representative.

Q    In the course of your duties, was it your

1111

responsibility to sell pagers and pager accounts?

A    Yes, sir, and also service current customers.

Q    Now, did there come a time when you and Theodore Kimble began to be involved in illegal activities?

A    Yes, sir, there was.

Q    And was that in the early part of 1997, leading up till March of 1997?

A    Yes, sir, it was.

Q    And as a result of that, you were eventually charged in those offenses; is that correct?

A    Yes, sir, that's correct.

Q    Have you reached an agreement with the State of North Carolina in regard to your pending charges?

A    Yes, sir.

(Mr. Panosh showed an exhibit to Mr. Lloyd.)

MR. PANOSH: May I approach the witness?

THE COURT: You may.

Q    Showing you now State's Number 116, would you look at that, please.

(Time was allowed for the witness.)

Q    What is Number 116?

A    It's the agreement I had with the State of North Carolina.

Q    And do you recognize the date? First of all, do you recognize your signature thereon?

1112

A    Yes, sir, I do.

Q    And what was the date that was signed?

A    Well, it says July 16, 1997, but actually, I believe it was 1998.

Q    Do you recall signing that in the last few months?

A    Yes, sir, I do.

Q    Where were you when you signed that?

A    At my attorney's office.

Q    And are you indicating that you were there at your attorney's office last month and signed it?

A    Yes, sir.

Q    Would you tell the ladies and gentlemen of the jury how your involvement in these criminal activities began.

A    I was in college until approximately Christmas 1996. The company called PageNet had called, interested in hiring me. I thought they were going to go ahead and hire me, so I went ahead and dropped out before Christmas break, so I could get a full refund for that semester, move back home in Greensboro. Ted was a friend of mine. I'd go up there and frequently visit him at Lyles Building Materials. And one night approximately mid, late January, he asked me if I would help him and Robert Nicholes go pick up some building materials that he had purchased from a job site, that they didn't need, excess building materials, approximately 7:30 at night. So I went and helped him. And at the time, I did

1113

not realize that they were stolen, until probably --

MR. LLOYD: Your Honor, I'm having a hard time hearing. Could you ask the witness to speak up.

THE COURT: A little bit louder, please, Mr. Pardee. Kindly keep your voice up, sir.

THE WITNESS: Yes, sir.

A    I didn't find out that they were stolen till approximately about a week later, me and Ted were talking. I thought, I thought, wait a minute, something's not right. And he said that actually, that he did not purchase the building materials that we had just stolen from the job site.

Q    Did you receive money or other compensation as a result of assisting him in picking up those stolen property?

A    Not at the time.

Q    Did you receive money later?

A    Yes, sir.

Q    And did you thereafter continue in similar criminal activities with Theodore Kimble?

A    Yes, sir, I did.

Q    And each time you went to construction sites; is that correct?

A    Yes, sir.

Q    And on each occasion, you stole from those construction sites; is that correct?

1114

A    Yes, sir.

Q    Did there also come a time when you went to Home Depot and was involved in a theft at Home Depot?

A    Yes, sir, there was.

Q    Would you tell the ladies and gentlemen of the jury about that, please.

A    It was around midnight. Ted had rented a forklift, and he had two big trailers.

Q    Speak up, please.

A    I'm sorry. It was around midnight one night. Ted had rented a forklift from a forklift company. He had two big trailers. We drove the trailers to Home Depot right off of Battleground Avenue. We used the forklift to load up the trailers, then we drove the stuff -- the stolen materials back to Lyles Building Materials, then we came back and we picked up the forklift and brought it back to his place of business.

Q    What type and quantity of materials were stolen from Home Depot?

A    It was some pressure-treated fence pickets. I believe he also got a bathtub or shower and various other small pressure-treated items.

Q    And how many trailer loads were there of materials?

A    If I recall correctly, there was two.

Q    And who participated in the theft from Home Depot?

1115

A    Myself, Ted Kimble and Robert Nicholes.

Q    And do you remember the date of that?

A    I do not recall off the top of my head, sir.

Q    If the charges allege February the 6th, would that be the approximate time period?

A    That could be approximate, yes, sir.

Q    What was done with those materials?

A    He attempted to sell them through his business.

Q    After the theft of the materials from Home Depot, did you go to Lyles Building Supply and see them there on the yard, being offered for sale?

A    Yes, sir, I did.

Q    And at that time, who was running the business?

A    Ted Kimble.

Q    And who was running it when Mr. Ted Kimble wasn't there?

A    Usually his father would stop by and watch the place.

Q    That would be Ronnie, Sr.?

A    Yes, sir.

Q    Now, in regard to all of the materials that you stole with Theodore and/or Mr. Nicholes, did they all go to Lyles?

A    No, sir, they did not.

Q    Where did some of them go?

A    Ted had rented a tractor-trailer trailer across the street, and a lot of the building materials ended up in that

1116

tractor-trailer.

Q    Can you give the ladies and gentlemen of the jury an estimate of whether half of it went to the trailer or what amount went to the trailer, as opposed to going to Lyles?

A    I would -- approximately half of it went to the trailer and approximately half of it went to his business for sale.

Q    Did there come a time when you also participated in a theft from a business known as Northern Hydraulics on Sandy Ridge Road?

A    Yes, sir.

Q    What was taken there?

A    Several go-carts, I believe it was a couple of generators, and I believe there was also a lawn mower.

Q    Do you know what happened to the go-carts?

A    Yes, sir.

Q    What happened to them?

A    Right before they picked up Ted, Ted wanted me to help him hide them or get rid of them, and so --

Q    Where did you -- Go ahead.

A    We took two of them off, put them under a bridge right off of Highway 220. Two more, at the end of a business park, down just north of Randleman. And then two more out in a field down near Ramseur, North Carolina.

Q    Now, on or about April the 1st of 1997, you were arrested; is that correct?

1117

A    Yes, sir.

Q    And shortly thereafter, did you cooperate with the sheriff's department in locating those particular items?

A    Yes, sir, I did.

Q    Did you show them where they were hidden?

A    Yes, sir, I did.

Q    What became of the generators, if you know?

A    I do not know for sure, sir.

Q    All right.

A    Ted --

Q    That's fine. Where were the generators the last time you saw them?

A    In a storage building at Lyles Building Materials.

Q    Would you describe those generators.

A    They were in two boxes. They were brand new. I never actually saw them, just the boxes.

Q    Were they small, large? Did it take one man, two men to move it? Could you describe them, please.

A    One of them, one man could probably move it fairly easily. The other one, it would have to be a really big person or preferably two people to move it.

Q    And in the course of breaking into these various building sites, did you also remember taking a garden tub?

A    I think so.

Q    Okay. Where did --

1118

A    I'm not sure --

Q    -- that go?

A    -- exactly what a garden tub is.

Q    Where did that go?

A    If it's the tub I'm thinking of, it was at Lyles Building Materials for sale.

Q    Do you remember a theft that involved the taking of dishwashers and a Reddy Heater, propane heater?

A    Yes, sir, I do.

Q    Where did those items go?

A    The dishwasher ended up in the tractor-trailer trailer across the street. And the Reddy Heater ended up at Lyles Building Materials.

Q    In use or for sale?

A    For use.

Q    Do you remember the theft of certain Marsh kitchen cabinets and marble work sink and kitchen items?

A    Yes, sir, I do.

Q    Where did those go?

A    Storage building on -- at Lyles Building Materials.

Q    For sale?

A    No, sir.

Q    Did you say "Yes"?

A    No, sir, not for sale.

Q    When you say a storage building, what do you mean?

1119

A    He had several storage buildings throughout the property. He put them in one out near the front and had it locked up.

Q    Now, you've indicated that Ronnie Kimble, Sr., Ted and Ronnie's father, was the actual -- was at the business. How frequently was he at the business?

A    Approximately several times a week.

Q    And when he was there, did he have access to the entire business?

A    Yes, sir, as far as I know.

Q    And --

MR. LLOYD: Your Honor, we would ask to approach at this time.

MR. PANOSH: Well, that was the last question on that subject. If you want to --

MR. LLOYD: That's fine.

THE COURT: Proceed. Move on.

Q    Did there come a time when you began to cooperate with the officers of the Greensboro Police Department and the Guilford County Sheriff's Department in reference to the items that you've stated you and -- Ted and you and Mr. Nicholes stole?

A    Yes, sir.

Q    When was that?

A    Approximately the day after Ted was arrested.

1120

Q    Ted was arrested on April 1st; is that correct?

A    I believe so.

Q    When were you arrested?

A    The following morning.

Q    The following --

A    Following morning.

Q    And after you were arrested, were you interviewed by those officers?

A    Yes, sir, I was.

Q    And in addition to pointing out the items you've already told me you pointed out, did you do anything else?

A    I'm not sure if I understand.

Q    Did you tell them about the various homes that -- under construction and businesses you'd broken into?

A    Yes, sir, I did.

Q    At that time, did you have any type of agreement?

A    No, sir, I didn't.

Q    Did you tell them at that time about Ted's involvement or any knowledge you had of Ted's involvement in the murder of Patricia Kimble?

A    No, sir, I didn't.

Q    Did there come a time when you had knowledge of Ted's involvement in the murder of Patricia Kimble?

A    Yes, sir.

Q    What, if anything, did he tell you? And describe the

1121

circumstances.

A    I'm not sure if I understand.

Q    All right. When was the first time that Ted Kimble made statements to you in reference to the murder of Patricia Kimble?

A    It was approximately mid, late January of '97. Me and him were either loading or unloading some lumber from the truck, and I could tell something had been bothering him for a while. I asked him what was bothering him. He said he felt the police were closing in on him. And I asked him "Well, what do you mean?"

MR. LLOYD: Objection, Your Honor, on the grounds previously raised.

THE COURT: Overruled.

A    I asked him what he meant. And he felt -- he said that the police were closing in on him. And I said, "What do you-mean?" He said that -- he said that -- he said they were closing in on him for the death of his wife. I asked him if he had any -- if he did it. He said no, his brother Ronnie did it.

Q    During that conversation, did he discuss with you his -- where he was on the night of her death?

A    He had told me where he was, yes, sir.

Q    What did he tell you?

A    He told me that he had closed up Lyles Building

1122

Materials approximately 5:30, and then he had drove to his part-time job at Precision Fabrics at approximately 6:00 o'clock.

Q    Did he tell you why he had obtained that part-time job?

A    He told me it was for an alibi.

Q    Did he explain what he meant by that?

A    He had said that basically, so he'd have an alibi and the police wouldn't think he was a suspect.

Q    Did he give you more details as to how the murder was accomplished?

A    He had told me that his brother had went to the house and had shot her in the head, and then poured gasoline on the body and lit it.

Q    Did he tell you why the murder was committed?

A    For the insurance money.

Q    Did he give you details about the insurance money?

A    He had told me later that he wished that the policy would have been in effect.

Q    What did he mean -- or what did he say about that?

A    He said that he didn't think he was going to collect, because she hadn't taken her physical yet and that the policy wasn't in effect.

Q    Did he indicate to you what weapon or -- was used or any other details of the offense?

A    His Glock .45.

1123

Q    Did he indicate whose weapon that was?

A    He told me it was his.

Q    Were you familiar with that particular weapon?

A    I'd seen it a couple of times.

MR. PANOSH: May I approach?

Q    Showing you now State's Exhibit 84-A, is that the weapon that you said you'd seen a couple of times?

A    Yes, sir.

Q    And when you saw it, where was the weapon or how were you shown it?

A    One night, his wife had a Bible study at their home, and it was just for the girls, so me and Ted and several other people had went out and got something to eat that night. And when we came back, he was showing it to me, because it was dark, and it's got a laser pointer on it. He was showing me how you could point to a window and on the wall. And I'd seen it at his business a couple of times.

Q    When you saw it at his business, where was it?

A    On his desk.

Q    When you saw it this evening that you've previously referred to, where was it before he showed it to you?

A    He was carrying it.

MR. PANOSH: May I approach?

Q    I show you now State's Exhibit 95. Do you recognize that, sir?

1124

A    It appears to be Ted's holster.

Q    Ted's holster?

A    Yes, sir.

Q    And when you indicated that he was carrying the gun, was he using that holster?

A    I believe so. He usually kept it in the holster.

Q    When you say he usually kept it in his holster, how frequently did you see him with the gun?

A    This particular one?

Q    Yes.

A    Not very often. At the time, we didn't hang out a whole lot, because he was married.

Q    Okay. On the occasions that you did see him, how frequently did he have the gun?

A    Often.

Q    Excuse me?

A    Often.

Q    In the course of your acquaintanceship with him, prior to the death of Patricia, did you and he ever go looking or shopping for guns?

A    Yes, sir.

Q    Would you tell the jury about that, please.

A    One time we went to a place called Cherry's Fine Guns up on Wendover Avenue. When we were in there, he was looking at some handguns. I don't know too much about the

1125

handguns. He was asking the salesperson about one particular gun and asked about a silencer or -- of some sort, if a silencer would fit on the end. And when I heard that, I was like, "Well, why don't you just go to Wal-Mart and get a silencer a lot cheaper?" And that's when they both looked at me real funny and said, "Those are illegal," and then kind of dropped it after that. And we left the store shortly thereafter.

Q    Did there come a time when Theodore Kimble made any statements to you in reference to disclosing the information he had told you?

A    He told me if I told anybody, that he would kill me.

Q    Did you believe him?

A    Yes, sir, I did.

Q    Why did you believe him?

A    Because he was a very intimidating person.

Q    What, if any, physical objects did you see in his possession, on his person or at Lyles, that reinforced your belief that he could kill you?

A    I saw at least two other handguns, and he also had a high-powered rifle which I'd saw on numerous occasions.

Q    Did he make statements in regard to that rifle?

A    He told me that he could kill a man from a half a mile away. I asked him why he wanted it, and he said it was an investment.

1126

THE COURT: How much longer are you going to be with the witness, Mr. Panosh?

MR. PANOSH: About five, 10 minutes.

THE COURT: All right, sir.

MR. PANOSH: Keep going?

THE COURT: Yes. The jury needs a break shortly. MR. PANOSH: Yes, sir.

THE COURT: But if it's only going to be five minutes, proceed.

MR. PANOSH: Yes, sir.

Q    Did he ever make statements to you in reference to Detective Church?

A    Yes, he did.

Q    What did he say?

A    He told me he'd like to kill Detective Church, because he was standing in his way of him collecting the insurance money.

Q    Now, did there come a time when you became aware of Ted Kimble's financial status?

A    Yes, sir, there was.

Q    And did there come a time when you loaned him money?

A    Yes, sir, I did.

Q    How much money did you loan him?

A    $5,500.

Q    And was that loan repaid to you?

1127

A    Not all of it.

Q    And was that loan on or about August the 16th of '96?

A    Yes, sir, it was.

Q    After the death of Patricia Kimble, did there come a time when you obtained any property from Theodore Kimble?

A    Yes, sir, there was.

Q    When was that?

A    Approximately, very end of December or first of January of '95-'96. I had purchased a ski boat.

MR. PANOSH: May I approach?

THE COURT: Yes.

Q    Showing you now what has been previously marked as State's Exhibit Number 104, the estate file of Patricia Kimble, and showing you a check which is attached thereto, dated December the 29th of 1995, for $1,000. Is that your check?

A    Yes, sir, it is.

Q    And it was made payable to whom?

A    Ted Kimble.

Q    Would you explain why that was made payable to Ted Kimble.

A    He told me he would sell me the boat if I would pay off the loan and give him $1,000.

Q    And showing you another check attached to that same exhibit, for $4,779, made payable to NationsBank. Would you

1128

-- is that your signature?

A    Yes, sir, it is.

Q    And what was that for?

A    That was to pay off the loan for the boat.

Q    And is there a bill of sale also here?

A    Yes, sir, there is.

Q    And does it indicate to you -- indicate that on December the 29th of 1995, you bought the boat that belonged to Theodore and Patricia Kimble?

A    Yes, sir, it does.

Q    And why did you purchase that property?

A    I had called the marina and asked them what the boat was worth, and he told me approximately $9,000. I figured if I can get a $9,000 boat for just under $6,000, plus help a friend out, from getting the boat repossessed, might as well.

Q    What do you mean, "help a friend out"?

A    Well, he told me that they were getting ready to repossess it, and I didn't want him to ruin his credit.

Q    Do you still have the boat?

A    Yes, sir, I do.

Q    Are you indicating then that the reason you bought the boat is because Ted offered to sell it to you?

A    Yes, sir, he did.

MR. PANOSH: This would be a good break point,

1129

Your Honor.

THE COURT: All right.

You may step down, sir.

(The witness left the witness stand.)

THE COURT: Members of the jury, we'll take our morning recess. Please remember the jury responsibility sheet. At the end of the 15-minute period, please report back to the jury room.

Everyone else remain seated, while the jury leaves first.

(The jury left the courtroom at 11:06 a.m.)

THE COURT: You may declare a 15-minute recess, sheriff.

(A recess was taken at 11:07 a.m.)

(Court reconvened at 11:23 a.m. The defendant was not present. The jury was not present.)

THE COURT: Come back to the witness stand, please, Mr. Pardee.

(The witness returned to the witness stand.)

(The defendant entered the courtroom at 11:24 a.m.)

MR. LLOYD: Your Honor --

THE COURT: Yes.

MR. LLOYD: -- before we bring the jury in, I just noticed that in Mr. Pardee's plea agreement, I think it's Paragraph 6, says that he's taken a polygraph test. And we

1130

would ask that that portion of it be redacted.

THE COURT: Granted.

MR. LLOYD: I don't think that's properly admissible.

MR. HATFIELD: He granted it.

MR. LLOYD: I understand.

There's a similar paragraph, though it doesn't say that Mr. Nicholes took a polygraph. It says that he would agree to take a polygraph. And our position all along, of course, as Your Honor well knows, is that the testimony of these two individuals should not be admissible, but I'd ask Your Honor to take a look at that.

THE COURT: If you'll redact that part before it's submitted to the jury.

MR. LLOYD: All right.

THE COURT: Mr. Panosh, if you'll look at it and make sure it's taken care of.

(The jury began to enter the courtroom.)

MR. PANOSH: Before they come in, please. Before they come in, I'd like to talk to the judge.

(The jury left the courtroom.)

THE COURT: All right, sir.

MR. PANOSH: Your Honor, I have great difficulties with that, because he has read it -- not he, but Mr. Nicholes has read that portion to the jury. And without any

1131

question, somebody's going to remember that, and they're going to go back through there and look at it.

THE COURT: Well, I don't think that's the one they were talking about, basically.

MR. PANOSH: No, he's talking about redacting a portion of Mr. Nicholes. Mr. Nicholes has already put that into evidence, without objection. And I just don't --

THE COURT: Well, I'm not going to redact that part. This is the one that --

MR. PANOSH: All right.

MR. LLOYD: I don't have --

THE COURT: -- they're talking about the –­

MR. LLOYD: -- any problem with that.

(The jury entered the courtroom at 11:27 a.m.)

THE COURT: You may continue, Mr. Panosh.

FURTHER DIRECT EXAMINATION by MR. PANOSH:

Q    Drawing your attention to State's Exhibit 116, the agreement, other than the date, is that correct? The substance of the --

MR. PANOSH: May I approach?

THE COURT: Yes.

Q    Drawing your attention to this agreement, Number 116, you've indicated that there's a correction to the date.

A    Yes, sir.

Q    Would you please make that correction.

1132

(The witness complied.)

Q    Other than that correction -- have you read this agreement?

A    Yes, sir, I have.

Q    Is it correct?

A    Yes, sir, it is.

MR. PANOSH: Your Honor, we'd seek to introduce 116, pursuant to your orders.

THE COURT: The Court'll allow the introduction of 116.

MR. PANOSH: No further questions.

(Mr. Lloyd and Mr. Panosh conferred.)

CROSS-EXAMINATION by MR. LLOYD:

Q    Now, Mr. Pardee, you've indicated on direct examination that you have negotiated a deal with the State; is that right?

A    Yes, sir.

Q    All right. And the deal that you've negotiated with the State covers --

MR. PANOSH: We object. I don't believe "deal" is made reference in that document in any way.

THE COURT: Sustained. Rephrase it.

MR. LLOYD: All right.

Q    The agreement that you've entered into with the State

1133

of North Carolina, Mr. Pardee, covers all the charges that arose from this conspiracy involving you and Ted Kimble and Rob Nicholes to steal building materials from homes of people and also these other incidents at Home Depot and Northern Hydraulics; is that right?

A    Yes, sir.

Q    All right. And Mr. Pardee, how many actual counts of larceny or breaking and entering, how many felony counts were you charged as a result of that?

A    I believe it was 12.

Q    12? And did you discuss your situation with your lawyer?

A    Excuse me?

Q    Did you discuss your situation with your lawyer?

A    Yes, sir, I did.

Q    All right. And you were aware as a result of those discussions with your lawyer that you were looking at, in the best possible situation, with no prior record, five to six months on each one of those felonies, were you not?

A    Yes, sir.

Q    All right.

MR. PANOSH: We object to that question and ask that it be stricken.

THE COURT: Overruled.

Q    So if there were 12 felony charges, Mr. Pardee, and as

1134

you were aware after you discussed the situation with your lawyer, you realized that you could be sentenced to somewhere in the neighborhood of six years for your involvement in the theft conspiracy with Ted Kimble and Rob Nicholes; is that right?

MR. PANOSH: We object to that question, please.

THE COURT: Overruled.

A    Yes, sir, I am.

Q    All right. And in exchange for your testimony, the district attorney, in the terms of that plea agreement, has agreed to recommend a probationary sentence; is that right?

A    Yes, sir, it is.

Q    All right. And there's another clause in your plea agreement, Mr. Pardee, that says if appropriate, the district attorney will also recommend that you be placed in the first offenders' program; is that right?

MR. PANOSH: We object.

THE COURT: Overruled.

MR. PANOSH: That's not in there, Your Honor.

THE COURT: Well, sustained then.

Q    Well, let me ask you this. Mr. Pardee, was it your understanding that if you qualified for the first offenders' program, the district attorney would make a recommendation that you go into that program?

A    I don't fully understand the program.

1135

Q    Well, you've indicated that based on your agreement that we've already talked about, the district attorney is going to recommend probation for you; is that right?

A    Yes, sir, it is.

Q    And who makes the determination whether or not to recommend probation for you?

A    I believe it's the district attorney.

Q    The district attorney? So if Mr. Panosh is satisfied with your testimony, then it's your understanding of the plea agreement that he will make the recommendation to the judge that you get probation in this case; is that right?

A    Yes, sir, it is.

Q    And when you were arrested on these charges, Mr. Pardee, did you spend any time in jail?

A    No, sir, I did not.

Q    All right. Now, that was before you had signed the plea agreement, was it not?

A    Yes, sir, it was.

Q    Because you didn't sign your plea agreement until somewhere in the neighborhood of a month ago; is that right?

A    That's correct.

Q    Now --

MR. LLOYD: If I may approach, Your Honor. (Mr. Lloyd picked up an exhibit from the witness stand.)

Q    Mr. Pardee, your plea agreement says that you

1136

understand that if you fail to cooperate as set forth in this agreement, that the district attorney can move to set aside the plea agreement, and prosecute you to the fullest extent of the law; is that right?

A    Yes, sir, that's correct.

Q    And you also understand that according to your plea agreement, this agreement is limited to property crimes, "and that if in the course of the investigation, it is determined that he," meaning you, "has participated as a principal or an accessory in any crime against a person, this agreement does not protect the defendant from prosecution for that crime against a person." You're aware of that clause in your plea agreement, are you not?

A    Yes, I am.

Q    And you're aware, also, that as a term of your plea agreement, Mr. Pardee, you are to testify consistent with statements that you have earlier given investigators in this case; is that right?

A    I'm sorry. Please --

Q    As part of your plea agreement, that you were to testify consistent with earlier statements you've given to law-enforcement officers in this case --

MR. PANOSH: We object.

Q    -- is that right?

MR. PANOSH: We should go with the agreement, not

1137

with what he's putting in.

THE COURT: Sustained.

Q    Let me ask you this, Mr. Pardee. Is that your understanding of your agreement?

A    I'm sorry. I didn't follow you.

Q    That you were to testify consistent, the same as, with statements you have given to law-enforcement officers in this case?

A    That I be not inconsistent.

Q    All right. Okay. Now, Mr. Pardee, you stole a lot of building materials with Ted Kimble and Rob Nicholes, didn't you?

A    Yes, sir, I did.

Q    Do you have any idea what the total value of those materials were and all the items that y'all stole?

A    I've heard the total value was approximately $40,000.

Q    And in terms of how you became involved in this theft conspiracy with Ted Kimble and Rob Nicholes, you told investigators that Rob Nicholes would bring by stolen building materials to Ted Kimble and he would buy them; is that right?

A    That sounds correct.

Q    All right. And that's in fact what happened, didn't it, Mr. Pardee?

A    Yes, sir.

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Q    All right. And you also told investigators that Rob Nicholes would bring by stolen building materials on almost a daily basis; is that right?

A    Sometimes.

Q    And that Ted Kimble would pay Rob Nicholes for those building materials and then resell them through Lyles; is that right?

A    That's correct.

Q    All right. Now -- and the first time that you noticed this activity going on was sometime around Christmas of '96; is that correct?

A    Shortly thereafter sometime.

Q    All right. And this was before you were actually ever physically involved in any of the thefts; is that right?

A    Yes, sir, that's correct.

Q    All right. Now, the first time that you became involved in a theft, Ted and Rob Nicholes -- you went out with both of them on that occasion, didn't you?

A    Yes, sir, I did.

Q    And they both told you that Rob Nicholes had bought some building materials, some building supplies, from a construction friend of his; is that right?

A    I believe Ted Kimble told me that --

Q    All right.

A    -- yes, sir.

1139

Q    And Rob certainly -- Rob Nicholes certainly did not contradict that, did he?

A    I do not recall.

Q    All right. Well, he was present there with you and Ted, though, was he not?

A    He was in the same area --

Q    All right.

A    -- yes, sir.

Q    And that the story that you heard was that, Rob had purchased these building supplies from some friend of his who was in the construction business, either a construction foreman or a construction superintendent; is that right?

A    Yes, sir, it is.

Q    All right. And that all y'all were doing was going over to pick them up at this time?

A    Yes, sir.

Q    All right. And what time of the day was this, that you went over to pick up the materials?

A    Approximately 7:00, 7:30 in the evening.

Q    All right. Was it to a residential site, Mr. Nicholes?

A    Yes, sir, it was.

Q    I mean Mr. Pardee. I apologize. And where was it?

A    It was in the vicinity of Westridge and Bryan Boulevard.

Q    And was that a -- basically a new subdivision of

1140

upscale homes that someone was constructing?

A    Yes, sir, it was.

Q    All right. And if you remember, Mr. Pardee, what did you pick up on that occasion?

A    Some boards. I do not recall the size.

Q    Okay. And by "boards," you mean lumber --

A    Yes, sir.

Q    -- is that right? Okay. So you just don't remember whether they were two-by-eights, two-by-sixes, two-by-fours; is that what you're saying?

A    Yes, sir.

Q    All right. And I believe you indicated on direct examination it was sometime around 7:30; is that right?

A    Yes, sir, that's correct.

Q    And this would have been what time of year?

A    Approximately late January.

Q    All right. So it was dark at that time; is that right?

A    Yes, sir, it was.

Q    And did you load up those materials into the box truck?

A    Yes, sir, we did.

Q    How much was there on this occasion?

A    Excuse me?

Q    How much was there on this occasion? How much lumber did you take on this occasion?

A    It filled the box truck up about two-thirds of the way.

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Q    All right. And for the members of the jury, Mr. Pardee, how big was the box truck, do you know?

A    I don't know the dimensions, sir.

Q    Well, would -- when you went into the back of the box truck, could you stand up in it without hitting your head? A    I don't believe I could stand up straight without hitting my head.

Q    Okay. But it was fairly close; is that right?

A    Yes, sir, it was.

Q    All right. So these -- and when you all got through filling up the lumber, putting the lumber in, the box truck was about two-thirds of the way filled at that time; is that right?

A    Yes, sir.

Q    All right. Now, did Ted Kimble pay you when you got back to Lyles and unloaded the lumber?

A    No, sir.

Q    But he paid you at some later time, didn't he?

A    Yes, sir.

Q    All right. Do you remember how much he paid you, Mr. Pardee?

A    I don't recall the exact amount.

Q    Well, was it more than $50?

A    Ted still hadn't finished paying me for the loan, so any money that he paid me, I put it towards the loan that he

1142

owed me.

Q    Well, is it your testimony, Mr. Pardee, that -- you had loaned him some money, approximately $5; is that -- or $5,000; is that right?

A    $5,500.

Q    $5,500. And he paid you -- how much did he pay you initially?

A    $4,000.

Q    All right. So he still owed you another $1,500; is that right?

A    Yes, sir, that's correct.

Q    All right. Now, is it your testimony that he was repaying you on the loan, or was he paying you for your participation in stealing these building materials that night at 7:30 or 8:00 o'clock?

A    He told me later he would pay me. Any money that he paid me after that, I applied towards the loan that he owed me.

Q    Well, but did you consider this payment for your work in helping to steal the building materials?

A    I'm sorry. I didn't follow.

Q    Did you consider the money that Ted paid you to be for your work in helping stealing the building materials? Was that part of your share of the job?

A    Ted told me he would pay me for it.

1143

Q    All right. So you're just not clear on whether or not he was paying you for your work in helping to steal the materials, or whether it was repayment of the loan?

Q    Is that what your testimony was?

A    As far as I was concerned, it was repayment on the loan.

Q    All right. So then is your testimony, Mr. Pardee, that you never received any compensation for participating, for your part in the conspiracy to steal these building materials?

A    I was promised payment.

Q    Now, you stole another -- a number of other items, as well as the building materials, on that first night; is that right?

A    Yes, sir, that's correct.

Q    All right. And I believe you indicated you participated in the theft of the go-carts, didn't you?

A    Yes, sir, I did.

Q    And did you get one of those go-carts as -- did you consider one of those go-carts as yours, for your participation in stealing?

A    No, sir. We usually kept those up at Lyles Building Materials.

Q    All right. Is it your testimony, Mr. Pardee, that you

1144

didn't receive anything from participating in the go-cart theft?

A    I had rode the go-carts on numerous occasions.

Q    Just went out and rode the go-carts around with Ted and had a good time; is that right?

A    That's correct.

Q    All right. But that was the only -- is it your testimony that that was the only payment that you got for your participation in the theft of the go-carts?

Q    Well, did you not take one because it was stolen merchandise?

A    Excuse me?

Q    Did you not take one of the go-carts because it was stolen merchandise?

A    Yes, sir.

Q    So that was your only reservation in not taking the go-cart, because it was stolen?

A    Yes, sir.

Q    All right. And any money that you got from Ted Kimble, you just applied to the loan; is that right?

A    Yes, sir, that's correct.

Q    All right. So you never got any of the materials that y'all stole, and you never got any money for participating

1145

in the theft ring; is that right?

A    That's correct.

Q    Now, you indicated that when you first went out on this first theft, at 7:00 or 8:00 o'clock at night, when you filled the box truck up to two-thirds of the way, then at that time, you thought this was a legitimate deal, as you had been told, that this was simply a construction friend of Rob Nicholes who had sold the materials to Ted and Rob; is that right?

A    Yes, sir, that's correct.

Q    Now, when did you realize, Mr. Pardee, that these night outings, when you went to people's homes that were under construction, and took building materials, were not in fact legitimate enterprises and were in fact thievery? When did you realize that, Mr. Pardee?

A    Approximately late January of '97.

Q    All right. And how long would that have been after this first time that you've described, when you filled the box truck up two-thirds?

A    Approximately one or two weeks.

Q    All right. So how many times did you go out with Ted Kimble and Rob Nicholes on stealing trips before you realized that it was in fact stealing?

A    It was either the second or the third trip.

Q    And you went on stealing trips after that, didn't you?

1146

A    Yes, sir, I did.

Q    And in fact, there were occasions when you used scanners to monitor the police radio traffic; is that right?

A    Yes, sir, that's correct.

Q    And at some point, you told Ted Kimble that he needed to get another scanner that covered another frequency, to pick up the sheriff's department; is that right?

A    I do not recall that.

Q    You don't recall telling investigators that he needed to change -- or he needed to get a scanner that covered the 600 megahertz cycle, as well as the 800 megahertz cycle, so that he could pick up the sheriff's department?

A    I don't recall what the frequencies were. He had one scanner he had installed in his vehicle, and I told him that he ought to get a portable one. He got a portable one that he could wear on his belt.

Q    Uh-huh. Did you tell him also at that time -- that at that time, Mr. Pardee, that he needed to get the other frequency for the sheriff's department or the police department, whichever one he couldn't pick up on the initial one he had?

A    Ted Kimble had a book that gave the frequencies of the sheriff's department, police departments, I believe it was all across the U.S.

Q    Well, my question to you, Mr. Pardee, is, do you recall

1147

telling Ted Kimble that he needed to get another scanner, to cover that frequency that he did not have with the first one?

A    I do not recall that.

Q    Now, after you joined this conspiracy in theft with Mr. Nicholes and Ted Kimble, did you consider yourself an equal partner in this conspiracy, Mr. Pardee?

A    No, sir, I did not.

Q    Were you afraid of Ted Kimble, as Mr. Nicholes has stated he was?

A    Yes, sir, I was.

Q    And were you participating in this theft ring, as Mr. Nicholes has stated that he was, simply out of fear of Ted Kimble?

A    Yes, sir, I was.

Q    Now, did you at any time consider going to Detective Church or any other law-enforcement officers and telling them what you knew, and asking them to keep it confidential, if they couldn't make an arrest on Ted at that time?

A    Yes, sir --

Q    Did you consider --

A    -- I thought --

Q    -- doing that?

A    -- about it.

Q    Did you do it?

1148

A    No, sir, I did not.

Q    Now, when you were first arrested, I believe you said on direct examination that you were arrested a day after Ted Kimble was arrested; is that right?

A    Yes, sir, that's correct.

Q    All right. And you told officers about your participation in the theft ring; is that right?

A    Yes, sir, I did.

Q    But initially, you did not tell officers about what Ted Kimble -- what you've testified that Ted Kimble said concerning Patricia's death, did you?

A    That's correct.

Q    And if you -- were you arrested -- is it your recollection, Mr. Pardee, that you were arrested on April the 2nd?

A    I believe that's correct.

Q    All right. And it was not until April the 7th that you told anyone in law enforcement about what you've testified here today concerning statements made by Ted Kimble concerning Patricia Kimble's death; is that right?

A    It was that Friday.

Q    All right. So --

A    I don't remember the exact date.

Q    Were you arrested on -- what day of the week were you arrested on?

1149

A    It was either a Monday or a Tuesday.

Q    All right. And you told investigators about your participation in the theft ring --

A    That's correct.

Q    -- is that right?

A    That's correct.

Q    And you even went so far as to go around with them and show them items that had been stolen during the time you and Ted Kimble and Rob Nicholes operated the theft ring; is that right?

A    Yes, sir, I did.

Q    All right. And if you recall, Mr. Pardee, how many times did you go around with officers?

A    Approximately five or six times.

Q    All right. So there were a number of times you were with police officers, showing them all the things that had been stolen in the theft ring; is that right?

A    Yes, sir, that's correct.

Q    And of course, all those times that you were with those officers, you had a chance to tell them what you've told this jury here, about these statements that you say Ted Kimble made?

A    Yes, sir.

Q    And you did not do so, did you?

A    No, sir, I did not.

1150

Q    All right. Now, you knew at that time Mr. Kimble had been arrested?

A    Yes, sir, I did.

Q    And you knew that he had been arrested for the murder of Patricia Kimble, didn't you?

A    I didn't know the reasoning behind it, but I knew he'd been arrested.

Q    Okay. But you knew he was safely in custody?

A    For the time.

Q    Now, you did not work for Ted Kimble, did you?

A    No, sir, I did not.

Q    So you never drew a paycheck from him; is that right?

A    No, sir, I never drew a paycheck from him.

Q    So the times that you came around Lyles Building Supply, there was -- you were under no complusion to come to Lyles at that time, were you?

A    He asked me to come and help him out at his business --

Q    All right.

A    -- so I did.

Q    Well, now, you were not going to get paid for that, were you?

A    He was paying me cash. He was --

Q    All right.

A    -- not paying me a check.

Q    Okay. But you voluntarily came; is that right?

1151

A    Well, I came because I feared him.

Q    Did you turn down the money that he paid you?

A    No, sir, I did not.

Q    Did you tell him that you had other things to do, and that you couldn't -- sorry, that you couldn't come over at that time?

A    I did on several occasions.

Q    Did you do that on a frequent basis?

A    Sometimes.

Q    But nevertheless, at least with respect to the times that you did come over there, you went over there of your own free will, did you not?

A    Yes, sir, I did.

MR. HATFIELD: Can we take a moment, Your Honor?

THE COURT: You may.

(Mr. Lloyd and Mr. Hatfield conferred.)

MR. LLOYD: If I could have just a moment more, Your Honor.

(Mr. Lloyd and Mr. Hatfield conferred further.)

MR. LLOYD: That's all I have.

THE COURT: You may step down, sir.

Next witness, please.

(The witness left the witness stand.)