HAROLD G. PENDERGRASS, being first duly sworn, testified as

1653

follows during DIRECT EXAMINATION by MR. PANOSH:

Q    Would you state your name, please.

A    Harold G. Pendergrass.

Q    Mr. Pendergrass, you're an agent for the State Bureau of Investigation; is that correct?

A    Yes, sir.

Q    How long have you been with the State Bureau of Investigation?

A    22 years.

Q    And in the course of your duties as an agent with the State Bureau of Investigation, were you assigned to assist the Greensboro -- the Guilford County Sheriff's Department in reference to the homicide of Patricia Blakley Kimble?

A    Yes, sir, I was.

Q    And did your duties include assisting Detective Church with certain interviews and other matters?

A    Yes, sir.

Q    In the course of your duties, did you bring to court a full map of the county, showing all the relevant points in this proceeding?

A    Yes, sir.

MR. PANOSH: And we'd mark that as State's 132 and move for its admission.

MR. HATFIELD: I don't know whether it has markings on it.

1654

MR. PANOSH: You can review it, counsel.

THE COURT: Overruled.

THE COURT   will allow its admission.

MR. HATFIELD: Your Honor, may I look at it?

THE COURT: Yes, sir.

(Time was allowed for Mr. Hatfield.)

MR. HATFIELD: No objection, Your Honor.

Q    In the course of your duties, did there come a time when you interviewed Janet Blakley?

A    Yes, sir, I did.

Q    And do you have that with you? Do you have that interview with you?

A    No, sir.

(Mr. Panosh handed documents to the witness.)

MR. LLOYD: Your Honor, if the purpose of this interview is to -- I mean, if the purpose of this exhibit i to introduce it into evidence, I object. We've heard from Janet Blakley. She's testified at length on direct and on cross-examination. Her testimony stands. This is simply not competent evidence. It's as if --

MR. PANOSH: We're not moving the introduction.

THE COURT  : All right, sir.

He's not going to introduce the exhibit.

Q    Did you on or about August the 29th interview Janet Carol Blakley?

1655

A    Yes, sir, I did.

Q    And what was the purpose of interviewing her?

A    She was identified as a former girlfriend of Ted Kimble, and myself and Detective Church interviewed her.

Q    And what did she tell you?

A    During that --

MR. LLOYD: Objection, Your Honor.

THE COURT: Overruled.

Members of the jury, this is being offered for the purpose of corroborating the testimony of an earlier witness. It'd be for you to say and determine whether it does in fact so corroborate that witness's testimony. It's not being offered for the truth or falsity of the statement, but whether the statement was made on that occasion.

MR. LLOYD: Your Honor, first of all, it needs to be limited solely to -- if it's coming in for corroborative  purposes, it needs to be limited to what she testified to in court.

THE COURT: Well, I don't know what -- I haven't seen the statement. I don't know what's in it.

Mr. Panosh, restrict it to that area, sir.

MR. PANOSH: Your Honor, we'll be glad to introduce it and allow counsel to redact those matters that they don't want in.

MR. LLOYD: No, Your Honor. I think --

1656

MR. PANOSH: I'll move along.

THE COURT: Objection sustained.

Q    What, if anything, did she tell you about her relationship with Ted Kimble?

A    She stated that she first began dating Ted Kimble when she was a senior in high school, that she had been introduced to him by a female cousin of -- a female friend of hers, by the name of Joy Hedgecock, who was dating Ted Kimble at the time.

Q    What, if anything, did she tell you in reference to a vehicle that was wrecked?

A    Janet Blakley told myself and Detective Church that soon after -- or during the time that she was dating Ted Kimble -- or soon after she started dating him, that she learned that he had just wrecked his vehicle, which was a Conquest. She was unable to recall the year of the vehicle. And as a result of him wrecking the vehicle, that he collected a sum of insurance money from an insurance company.

Q    Drawing your attention to the second page, the first full paragraph, what, if anything, did she say in reference to an Isuzu pickup truck -- or an Isuzu, rather?

A    She stated during the interview that after the wreck of the Conquest, that Ted Kimble purchased an Isuzu pickup truck with a portion of the insurance proceeds that he

1657

received as a result of the wreck of the Conquest.

Q    And what did she tell you that she observed in reference to that truck?

A    She stated that she observed Ted Kimble take a key and place key marks on the Isuzu truck.

Q    What, if anything, did she tell you in reference to certain stereo equipment that was removed and reported as stolen, when in fact it wasn't?

A    She stated that in the fall of 1992, Ted Kimble personally broke into a Camaro Iroc that he had purchased, and removed the stereo equipment, while the vehicle sat stationary on the lot at Lyles Building Material.

Q    What, if anything, did she tell you in reference to an insurance claim about that matter?

A    After removal of the stereo equipment by Ted Kimble, he subsequently submitted an insurance claim for subsequent replacement for the equipment.

Q    Did he -- did she tell you about a similar scheme in reference to a vehicle owned by Scott Shepherd?

MR. LLOYD: Well, Your Honor, I object. We've heard all this before. I question once again the relevance concerning Ronnie Kimble. Now we're going back to Ted Kimble.

THE COURT: Well, I'll sustain the objection. Approach the bench a moment.

1658

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

THE COURT: Is his testimony going to be that he's going to go back over the witness's testimony?

MR. PANOSH: He's going to go through two statements.

THE COURT: Which two?

MR. PANOSH: This one and the one that Whidden gave him. And we're about three-quarters of the way through this one. And I -- you know, if Your Honor tells me not to -- that you're not going to allow me to corroborate, I'll do that, but --

THE COURT: I got a real evidentiary problem, if we keep going over the same evidence about Ted that related to this defendant under a conspiracy theory, unless for corroborative purposes, and the Court's already admitted it for that other purpose. But I think you need to restrict it to the Whidden statements, that he -- he's the one that implicates this defendant.

MR. PANOSH: So you're telling me that you'd rather that I not corroborate -- your ruling is that I can't corroborate Blakley at this point?

THE COURT: You can corroborate her, but I don't think you ought to do it -- I don't want to get in a whole train of witnesses that have already testified.

1659

MR. PANOSH: I don't intend to do that. There are two witnesses.

THE COURT: If you restrict it to this witness and restrict it to the pertinent points, I'll let you do it, but I don't want to go back through the evidence again.

MR. PANOSH: Okay. I -- just please tell me what your ruling is. I don't want to misunderstand you.

THE COURT: You may show statements that Ms. Blakley's made to this officer, she's made to the jury, I'm going to restrict it to her. I don't want to get into any other witnesses. Whidden, who implicates this defendant, you may corroborate the testimony --

MR. PANOSH: Yes, sir.

THE COURT: -- by his statements.

MR. LLOYD: And Judge, just for the record, of course, I have problems with the whole process, and we'd just like to -- I'll make an initial objection --

THE COURT: I understand.

MR. LLOYD: -- on Whidden, and if you'd just note a line objection for the rest of the --

THE COURT: Note an objection as to this line of question by the defendant.

MR. LLOYD: Thank you.

THE COURT: Overruled.

(Proceedings continued in open court.)

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THE COURT: You may continue.

Q    After she described -- or did there come a time that she described the fraud in reference to Scott Shepherd, "Yes" or "No"?

A    Yes, sir.

Q    After she described that, did there come a time when she described the end of her relationship with Ted Kimble?

A    Yes, sir.

Q    What did she tell you?

A    She stated that prior to Ted's marriage to Patricia Kimble, that Ted Kimble moved into Patricia's 2401 Brandon Station Court, Pleasant Garden, North Carolina residence. During this same time, she said that she continued to date Ted Kimble, and that after her refusal to marry Ted Kimble, she stated that her relationship with Ted Kimble turned what she termed as sour.

Q    And how soon thereafter did she learn of the engagement to Patricia Blakley? I believe that's the last paragraph, Page 2, sir.

(Time was allowed for the witness.)

A    In the spring of 1994 is when she learned that -­learned from her sister that following --

Q    Without going into what her sister said --

A    Okay.

Q    -- sir, and drawing your attention to the last

1661

paragraph on Page 2 --

A    Oh, okay.

Q    -- how long after ending the relationship did she learn that Ted announced his engagement to Patricia?

A    Two weeks.

Q    In the course of your duties, did there come a time when you interviewed Mitch Whidden on or about February the 3rd of 1997?

A    Yes, sir.

Q    Do you see that statement before you? I believe it's Number 130.

A    Yes, sir.

Q    Would you describe the facts that led up to you going to interview Mr. Whidden.

A    Yes, sir. Prior to February 3, 1997, Detective Church had gotten a call from Mr. Yeatts, Patric Yeatts, who was counsel at Liberty University, located at Lynchburg, Virginia, and he indicated that --

MR. LLOYD: Well, objection to what he indicated, Your Honor.

THE COURT: Sustained.

Q    Based upon what Mr. Patric Yeatts told you, or the information that you received from him, what action did you take?

A    We went to Liberty University on February 3rd, to

1662

conduct an interview with an individual who was identified to us as Mitchell Whidden.

Q    What was the purpose of that interview?

A    Was to conduct an interview and obtain any and all information he had regarding a statement made to him or confession made to him regarding the death of Patricia Kimble.

Q    And was this the first meeting you had with Mr. Whidden?

A    Yes, sir.

Q    Do you know what time it started?

A    The interview began at 5:00 p.m.

Q    And where was the interview conducted?

A    It was conducted in the office of Patric Yeatts, located on the campus of Liberty University.

Q    And that's the Yeatts and Falwell office; is that correct?

A    Falwell and Yeatts, yes, sir.

Q    What time did it end?

A    We concluded the interview at 6:30 p.m.

Q    During that hour and a half, what, if anything, did Mitch Whidden tell you?

MR. LLOYD: Well, object, Your Honor.

Q    Before I get into that, who was present?

A    Myself, Detective Church, Detective Sergeant David

1663

Deberry, Mr. Yeatts, and Mr. Falwell, Jr.

Q    And during that period of time, what did Mr. Whidden tell you?

MR. LLOYD: Well, object, Your Honor.

THE COURT: Overruled.

Members of the jury, again, this is being offered for the purpose of corroborating the testimony of an earlier witness. It would be -- it will be for you to say and determine whether it does in fact so corroborate that witness's testimony. It's not being offered for the truth or falsity of the statement, but whether in fact the witness made that statement on that occasion.

Proceed.

A    During that interview, Mr. Whidden began by saying that he was currently attending the University of -- Liberty University, located there at Lynchburg, and that he was planning to enter the ministry, following his graduation.

Prior to entering Liberty University, he was a member of the United States Marine Corps, stationed at the United States Marine Corps base located in Camp Lejeune, North Carolina. While at Camp Lejeune, North Carolina, he was assigned to the chaplain's office.

Whidden stated that he completed his obligation with the United States Marine Corps on August 19, 1996. That he was currently married, that his wife and he were the parents

1664

of one small female child. And that he further related that his wife was expecting their second child.

Q    What else did he tell you?

A    He went on to say that approximately a year prior to this interview, and while he was stationed at the Marine Corps base, he recalls meeting a fellow Marine who he described as Ronnie Kimble. During that time, Whidden stated Kimble was assigned to the base chaplain's office, and that his duties included -- that is, Kimble's duties included the delivery of requested supplies to each chaplain's office.

That after meeting Kimble, Whidden stated that he was befriended by Kimble and recalls on one occasion Kimble telling Whidden about the death of Ronnie Kimble's sister-in-law. And he also told him on that occasion that Kimble suspected the police were -- he suspected that the police had him as a suspect, him and his brother, and were suspected of murder.

Whidden went on to say that Kimble indicated that the police wanted to arrest someone for the murder and did not care who they arrested.

Q    What else did he tell you?

A    That after leaving the Marine Corps, Whidden stated he went to Liberty University and began his study in the pursuit of a career in the ministry. At some time during

1665

the recent past, Whidden stated he recalls receiving a call from Kimble. And during the ensuing conversation, Whidden indicated that Kimble expressed interest in joining Whidden at Liberty University in the Bible Institute program, and that Whidden offered Kimble lodging at his home, if and when Kimble decided to visit the campus.

That on January 24, 1997, Kimble stated -- I mean, Whidden stated Kimble, who was accompanied by his wife on that occasion, appeared at Whidden's 31 County Plain Lane, Lynchburg, Virginia residence, they were invited in, and that Kimble and his wife stayed overnight.

During the visit on that occasion, Whidden stated he was approached on the evening of January 24th by Kimble, to speak in private, that Whidden suggested that they go upstairs, to talk, and once upstairs, Whidden stated that Kimble admitted and confessed to the murder of Kimble's sister-in-law.

Whidden stated he was also told by Kimble that Whidden was the only person that Kimble had told about the murder and began crying.

Whidden stated Kimble also told Whidden that he, Kimble, had in fact shot his sister-in-law and that Kimble did not know where the gun was. Whidden stated he was told by Kimble that Kimble had committed the murder purely for greed.

1666

Whidden also stated that Kimble went on to say that Kimble had been approached by Ronnie Kimble's brother, who offered Ronnie money to commit the murder.

During that same conversation, Whidden explained that Ronnie Kimble explained to him that he was -- that Kimble was struggling with himself over the use of the money. And at one point, Whidden stated that Kimble offered Whidden the money Kimble was to receive from his brother, further suggesting Whidden accept the money, which Kimble suggested could be used for God's work. Whidden stated he immediately refused Kimble's offer, further telling Kimble that Whidden considered the money to be blood money, and strongly encouraged Kimble to turn himself in to the authorities. Whidden stated he could not turn himself in to the authorities, for fear of getting -- Whidden stated he, Kimble, could not turn himself in to the authorities, for fear of getting the chair.

Whidden stated that Kimble would not agree to turn himself in to the authorities, with Kimble further explaining that he would kill himself first.

Following that conversation, Whidden stated that Kimble then asked Whidden if it was -- if it was a sin to kill himself. Whidden stated he attempted to ensure (sic) Kimble that Kimble would not go to hell, if Kimble committed suicide, and that he suggested that Kimble not have such

1667

thoughts.

That after confessing to the murder, Whidden stated Kimble asked Whidden, "Do you think any less of me now?" with Whidden stating that Kimble further told Whidden -­Whidden stated Kimble further told Whidden that Kimble

believed it was her (Patricia Kimble's) time to go, whether Kimble had done it or not.

Based on what Kimble had just admitted during -- what Whidden stated, he suggested Ronnie Kimble should leave Whidden's residence. After some further thought, and not to upset Kimble, Whidden stated he then agreed to allow Kimble and his wife to remain overnight, before leaving the following day.

Following that conversation with Kimble, Whidden stated he was so concerned about what he'd been told by Ronnie Kimble on -- earlier, that Whidden decided to speak with Dr. Wilmington, who was one of Whidden's professors, for guidance, and to ascertain what Whidden should do. Whidden stated Dr. Wilmington suggested that Whidden speak with Liberty University attorneys Yeatts and Falwell. I suggested -- Whidden stated on January 25, 1997, he met with Yeatts and Falwell, to determine Whidden's legal responsibility was regarding what had been told to him by Ronnie Kimble. Whidden stated he was told by attorneys Falwell and Yeatts that they would investigate the matter

1668

and contact Whidden at a later time.

Concerned that Kimble's -- about Kimble's thoughts of committing suicide, Whidden stated on January 28, 1997, he decided to travel to the United States Marine Corps base at Camp Lejeune, North Carolina, where Whidden met with Kimble. On that occasion, Whidden stated he again suggested Kimble should not think of taking his own life, but instead suggested that Ronnie Kimble turn himself in to authorities. During that same conversation, Whidden stated he did tell Kimble that Whidden had talked with an attorney, regarding any legal problems that Whidden may now be facing, based on Kimble's confession to Whidden on January 24, 1997 at Lynchburg, Virginia.

At that point, Whidden stated to Kimble -- at that point, Whidden stated Ronnie Kimble told Whidden that what Kimble had confessed to Whidden earlier must have been a dream, because Kimble didn't remember doing it now.

Whidden stated he responded by saying, "If you (Kimble) get the money from your brother, then you'll know it wasn't a dream."

Following that, Whidden stated he suggested to Ronnie Kimble that Kimble needed to talk with -- if Kimble needed to talk with Whidden further, then Kimble should give Whidden a call at his Lynchburg, Virginia residence.

Whidden stated Kimble then told Whidden that he, Kimble, was

1669

afraid the police had his telephone bugged and would not call from his home telephone.

During this same interview, I asked -- or Whidden was asked to state the primary reason he came forward with the above-related information, and he stated it was because he felt it was the moral thing to do. In addition, Whidden stated he felt the murder confessed to him by Ronnie Kimble was premeditated, and as a result of the murder, Ronnie Kimble was to receive an amount of money from his brother.

Whidden stated that, had the murder victim been his wife or sister, he would hope someone would come forward and provide authorities with this type of information.

Whidden further stated he would be willing to assist law enforcement in furtherance of the Patricia Kimble murder investigation and would also be willing to testify in court, if necessary.

Q    Now, this interview was conducted over an hour and an half's period of time. Do you remember who asked the questions?

A    I think they were primarily asked by Detective Church, and some questions were probably asked by Detective Sergeant Deberry.

Q    And you took notes; is that correct?

A    Yes, sir.

Q    Now, is this three and a half page statement all of the

1670

information that Mr. Whidden gave you during that hour and a half?

A    Yes, sir.

Q    Is it a verbatim transcript of everything he said during that period of time?

A    This was based -- this final product was based on the notes that I took during the interview and was reduced to writing, which produced this particular interview report.

Q    And are these your words or Mr. Whidden's?

A    They're my words.

Q    Okay. Specifically, drawing your attention to the second paragraph of the -- on the first page, you put in there "Whidden was recently approached by Ronnie Lee Kimble, white male, date of birth January 17, '72." Did Mr. Whidden actually say that, or did you supply that information?

A    I supplied that information, because it was -- the interview was predicated upon -- the purpose of our interview was predicated upon Mr. Kimble approaching Whidden on this occasion.

Q    And although you indicated that these -- this statement is in your words, there are certain places throughout the statement where you used quotation marks. And drawing your attention to Page 2, about three-quarters of the way down, you put quotation marks around the word "greed." Why was that, sir?

1671

A    That was to point out the important aspects of why this murder was committed.

Q    Is that exactly what Mitch Whidden told you, placed in quotations?

A    The word "greed" was used.

Q    Okay. And further on down, when you put in "could be better used for God's work" in quotations and "blood money," was that because those were Mr. Whidden's exact words?

A    Yes, sir.

Q    And throughout the interview, you distinguished the exact words of Mr. Whidden with quotation marks; is that correct?

A    Yes, sir.

Q    Now, in the course of the interview, did he tell you -­he obviously gave you his current address. Did he tell you where he would be living after the interview?

A    He didn't give us an exact address. He told us he would be returning to Florida.

Q    And would you explain that to the ladies and gentlemen of the jury.

MR. LLOYD: Objection, Your Honor.

THE COURT: Sustained.

Q     Did you make an arrangement, whereby you could contact Mr. Whidden in the future?

A    Yes, sir. Those arrangements were made with Mr.

1672

Yeatts, who had control of that situation, as far as our contacting Mitch Whidden in the future.

Q    Are you indicating then you didn't know his future location?

A    No, sir, not at that time.

Q    And contact, if any, would be through the attorney; is that right?

A    That's correct.

Q    What, if anything, did he indicate to you about his plans for quitting school?

A    He indicated that following this interview, he would be returning back to Florida for a period of time, but did not give a specific amount of time that he would be remaining in Florida, before returning back to school.

Q    What, if anything, did he tell you about his fear of Ronnie Kimble at the time that you interviewed him?

A    He indicated to us that -- and told us that he was in fear of his life and his family's wife (sic), as a result of what Ronnie Kimble had told him, that he had committed the murder.

Q    Now, on Page 2 of your statement -- of the statement you prepared, beginning with the paragraph "On January 24th," you used the word "unexpectedly" in that paragraph. Could you explain that to the ladies and gentlemen of the jury.

1673

A    At the time of that interview, Mr. Whidden explained that Ronnie Kimble and his wife came to Lynchburg, Virginia to visit them, but they didn't know exactly what time they were to be there. There was an expectation for them to be coming, but not on that particular date.

Q    In the course of your duties, did you follow up this interview by interviewing Dr. Wilmington?

A    Yes, sir.

Q    And was that on January the 25th of 1997? Do you have that with you?

A    No, sir.

MR. PANOSH: May I approach?

THE COURT: You may.

(Mr. Panosh handed a document to the witness.)

MR. LLOYD: Your Honor, may we approach?

THE COURT: Yes, sir.

(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, sir.

MR. LLOYD: Judge, surely Mr. Panosh is not going to attempt to --

THE COURT: Dr. Wilmington hasn't testified.

MR. PANOSH: No, Your Honor, but they intend to call him, and I'm just going to establish that there was an interview, date and time, so we can use it in rebuttal, if

1674

we need to.

THE COURT: All right.

MR. LLOYD: Well, here's what I object to, Judge. He's perfectly within his rights to ask him when and where such an interview happened, but when he marches up with an interview sheet, some sort of interview in his hand, puts it in front of the box, it's for identification --

MR. PANOSH: I didn't mark it and don't intend to.

MR. LLOYD: Well, but the jury thinks --

THE COURT: He's entitled to ask him if he took the statement. But again, as to whether or not he was a witness, I don't know at this point.

MR. LLOYD: Well, I don't want to disagree with that, Judge, but what I'm disagreeing to is Mr. Panosh's practice of bringing the interview up, putting it in front of the witness, so the jury can see it, and so that they all know there's an interview, and then when we object, we're keeping evidence away from them. And that's what I object to.

MR. PANOSH: Well, you don't have to object, because I'm not going to try to put it in. I'm just going to ask him if he did an interview, when and where.

MR. HATFIELD: Well, how is that relevant? How is it relevant?

THE COURT: It may be relevant, if he testifies

1675

for the defense.

MR. HATFIELD: Well, it wasn't relevant when I tried to talk about Steve Swaney, and it wasn't relevant when we asked questions about James Ogburn.

MR. PANOSH: But they're not named witnesses.

THE COURT: They're not on the list.

MR. LLOYD: James Ogburn is.

THE COURT: That's the extent of what you can ask him.

MR. PANOSH: Yes, sir.

THE COURT: Move on.

(Proceedings continued in open court.)

Q    Agent, in the course of your duties, did you interview Dr. Wilmington?

A    Yes, sir, I did.

Q    When and where, please?

A    That interview was conducted on February 25, 1997, in Dr. Wilmington's office, located on the Liberty University campus, located in Lynchburg, Virginia.

MR. PANOSH: We'd seek to introduce State's Exhibit Number 130, Your Honor.

MR. LLOYD: Your Honor, let me check.

THE COURT: What's State's Exhibit 130?

MR. PANOSH: That's Mr. Whidden's prior statement.

THE COURT  : The Court'll allow --

1676

MR. LLOYD: We object to that, on the grounds previously stated, Your Honor.

THE COURT: The Court'll allow the introduction.

MR. PANOSH: No further questions. Thank you, sir.

CROSS-EXAMINATION by MR. LLOYD:

Q    Now, Mr. Pendergrass, on this February 3rd interview with Mitch Whidden, you were present, Detective Deberry was present, Detective Church was present, and two lawyers were present, along with Mitch Whidden; is that right?

A    Yes, sir.

Q    Were you the only law-enforcement officer who was taking notes on that occasion?

A    I believe I was.

Q    All right. And you knew it was an important interview, didn't you?

A    Yes, sir.

Q    And you endeavored to take everything down accurately, correctly and truthfully, didn't you?

A    Yes, sir.

Q    All right. And you did so, didn't you?

A    I think I did.

Q    All right. You didn't ask any questions basically during this interview, your job while you were there was to take notes; is that right?

1677

A    Yes, sir.

Q    And of course, you had a good working knowledge of the case?

A    I had as -- I didn't get involved in this case until March of 1997.

Q    But you had been debriefed --

A    I mean, 1996. Excuse me.

Q    '96?

A    Yes, sir.

Q    You had been debriefed by Detective Church, hadn't you?

A    Yes, sir.

Q    All right. So you knew -- you had a good overview of the case, you were satisfied in your own mind that you did?

A    Yes, sir.

Q    All right. And you endeavored to be just as accurate and as correct as you possibly could when you were taking notes on this occasion, did you not?

A    Yes, sir.

Q    And the first thing that Mr. Whidden told you on that occasion -- Well, let me ask you this, Agent Pendergrass. Did you tape record this interview?

A    No, sir.

Q    All right. You indicated earlier in your direct examination that you had some raw notes from which State's Number 130 was prepared. Do you have those raw notes, sir?

1678

A    No, sir.

Q    Do you have them somewhere in your files?

A    No, sir. I -- once -- the reason I don't have them, I destroy my notes, once the final product is finished.

Q    Okay. And is that so you can't be cross-examined on the basis of your notes?

A    Not exactly, but the reason I discard the notes is, because this is the final product, based on what I took from my notes.

Q    But your notes were taken contemporaneously with the event, were they not?

A    Yes, sir.

Q    And the final product was done sometime after that, was it not?

A    Yes, sir.

Q    So, if there were any discrepancies between your notes and the final product, your notes would likely be more accurate; is that correct?

A    Possibly would, yes, sir.

Q    Because they were taken contemporaneously with the event itself?

A    Yes, sir.

Q    I'll ask you again, Agent Pendergrass, did you destroy your notes so you couldn't be cross-examined on the basis of your notes?

1679

A    No, sir. This is our policy that -- bureau policy is that when we complete a final work product, there's no necessity to keep the notes --

Q    So everybody

A    -- so we discard them.

Q    Excuse me. I didn't mean to cut you off. Everybody in the SBI does that; is that right?

A    Pretty much, that I know of, the ones that I --

Q    As far as what you were taught, that was bureau policy; is that right?

A    Yes, sir.

Q    All right. Now, Agent Pendergrass, one of the first things that Mitch Whidden told you was that he was currently attending Liberty University; is that right?

A    Yes, sir.

Q    Planning for a career in the ministry; is that right?

A    Following graduation.

Q    All right. And he told you that Whidden and his wife are the parents of one small female child; is that correct?

A    Yes, sir.

Q    And that Whidden further related his wife is expecting their second child?

A    Yes, sir.

Q    So, if there's any discrepancy in what Mr. Whidden testified to here in court and your interview here, is it

1680

your testimony, Agent Pendergrass, that that is actually what he told you on that occasion?

A    This is what I recall him telling me. Now, he may have told me that he had more than one child. But this is -­what I have here in this report is what I recollect him telling me on that occasion.

Q    But you don't have your raw notes, so you could go back to them and check, to see whether you mistook a 1 for a 2 or a 2 for a 3, do you?

A    No, sir.

Q    Now, did Mr. Whidden state to you that -- at the top of Page 2, for your reference -- "He was befriended by Kimble and recalls on one occasion Kimble telling Whidden about the death of Kimble's sister-in-law"?

A    Do I remember him saying that?

Q    Yes, sir.

A    Yes, sir.

Q    And he didn't talk to you at that time about a number of other occasions when he talked to Mr. Ronnie Kimble about the death of his sister-in-law, did he?

A    Not that I recall, no, sir.

Q    Now, in the second full paragraph of the second page, you recorded that Mr. Whidden told you that he was approached on the evening of January 24, 1997 by Ronnie Kimble to speak in private. "Whidden stated he suggested

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they (Whidden and Kimble) go upstairs to talk." And that sentence follows immediately after "On January 24, 1997, Whidden stated Kimble, along with his wife, Kimberly, appeared unexpectedly." Do you recall, Agent Pendergrass, that Mitch Whidden told you anything about going to dinner and a conversation at dinner?

A    I don't recall him saying anything about a dinner on -­during this interview.

Q    All right. Or any comments about -- or any statements concerning what Ronnie Kimble might have said at dinner about having a haunted past or anything of that sort?

A    Not at that time, no, sir. I don't recall anything being said about that during that particular interview.

Q    And you would have noted that, because you would have considered that significant?

A    Yes, sir.

Q    All right. And you do recall Mr. Whidden stating to you that Ronnie Kimble began crying --

A    Yes, sir.

Q    -- during this conversation?

A    Yes, sir.

Q    And you recall specifically -- you recall Mr. Whidden stating to you that "Whidden stated Kimble told Whidden that he (Kimble) had in fact shot his (Kimble's) sister-in-law, and that Kimble did not know where the gun was"?

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A    Yes, sir, I remember that.

Q    All right. And directing your attention, Agent Pendergrass, to the second paragraph on Page 3, do you recall Mitch Whidden telling you that he was so concerned about what he had been told by Ronnie Kimble earlier, that Whidden decided to speak with Dr. Wilmington, who is a professor of his, for guidance on what -- and to ascertain what Whidden should do?

A    Yes, sir, that's --

Q    All right.

A    -- that's what I recall him telling us.

Q    Now, he did not tell you in that interview about speaking to Dr. Jerry Falwell, did he?

A    No, sir --

Q    You would have --

A    -- not on this occasion.

Q    Excuse me. I didn't mean to --

A    Not on this occasion, no, sir.

Q    All right. You would have noted that, because that was important?

A    Yes, sir.

Q    And also, the next sentence that Mr. Whidden told you was "Whidden stated Dr. Wilmington suggested that Whidden speak with Liberty University attorneys Yeatts and Falwell"; is that right?

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A    Yes, sir.

Q    Is that correct? Do you recall him making that statement?

A    Yes, sir.

Q    Did he not tell you that Dr. Jerry Falwell told him that he should speak with the Liberty University attorneys, Jerry Falwell, Jr. and Mr. Yeatts?

A    That's correct.

Q    Now, Agent Pendergrass, directing your attention to the third paragraph on that page, did Mitch Whidden tell you that he was concerned about Kimble's thoughts of committing suicide, and on January 28th, he decided to travel to the United States Marine Corps base at Camp Lejeune, where Whidden met with Kimble? Did he tell you that?

A    Yes, sir.

Q    Did he tell you that on that occasion, down at Camp Lejeune, Whidden stated that he again suggested Kimble should not think of taking his own life, but instead, suggested that Ronnie Kimble should turn himself in to authorities?

A    I recall him saying that, yes, sir.

Q    And directing your attention to the next paragraph, which is your continuation of the account of what Mitch Whidden told you transpired down at Camp Lejeune, let me ask you if Mr. Whidden didn't tell you at this point, "Whidden

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stated Ronnie Kimble told Whidden that what Kimble had confessed to Whidden earlier 'must have been a dream, because I (Kimble) don't remember doing it now.'" Do you recall Mitch Whidden telling you that?

A    Yes, sir.

Q    And the significance of the quotation marks, Agent Pendergrass, are that those are in fact Mitch Whidden's exact words, as a quotation of what Ronnie Kimble told him; is that correct?

A    It's to set out what was -- what was told to Mitch Whidden, yes, sir.

Q    Okay. And it's written up as a quotation?

A    Yes, sir.

Q    All right. And when you wrote it up as a quotation, those words in quotes were the exact words that Mitch Whidden used to you; is that right?

A    Yes, sir.

Q    And of course, you don't know if those are the exact words that Ronnie Kimble used, because you weren't there, were you?

A    That's correct.

Q    And the next sentence, did Mitch Whidden make this statement to you: "Whidden stated he responded by saying, 'If you (Kimble) get the money from your brother, then you'll know it wasn't a dream'"?

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A    Yes, sir.

Q    Mr. Whidden tell you that?

A    Yes, sir.

Q    And did Mr. Whidden tell you the following sentence, "Following this, Whidden stated he suggested to Ronnie Kimble that if Kimble needed to talk with Whidden further, then Kimble should give Whidden a call at his Lynchburg, Virginia residence"? End of sentence. Did Mr. Whidden tell you that?

A    Yes, sir.

Q    Now --

A    He also --

Q    -- Agent Pendergrass, Mr. Whidden told you that -- on the February 3rd interview, he told you that he was planning on moving to Florida; is that right?

A    Yes, sir.

Q    All right.

A    Returning to Florida. I think it was his --

Q    Okay.

A    -- home.

Q    He did not give you an exact address at that time?

A    No, sir.

Q    And in fact, he at that time was not living in Florida, was he?

A    That's correct. And I think he indicated to us that he

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preferred that if we try to get in touch with him, that he -- that we should go through Mr. Yeatts.

Q    All right. But he couldn't give you an address at that time, because he hadn't actually moved?

A    That's right.

MR. LLOYD: That's all I have, Your Honor.

REDIRECT EXAMINATION by MR. PANOSH:

Q    In reference to the information about Dr. Wilmington, in the course of your interview with him, did you confirm the information that was given to you by Mr. Whidden?

A    Yes, sir, I did.

Q    In reference to Dr. Falwell, based upon your subsequent investigation, do you have any doubt that Mitch Whidden did in fact --

MR. LLOYD: Well --

Q    -- talk to Dr. Falwell?

MR. LLOYD: -- objection to that, Your Honor.

THE COURT  : Sustained.

Q    In reference to him being in Florida, do you know whether or not Mr. Whidden had family at the particular location he was moving to?

A    Yes, sir, he had family in Florida.

Q    So you're indicating that rather than give you that family address, he wanted you to go through the attorneys?

A    That's correct.

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Q    Now, when you were asked about --

MR. PANOSH: No further. Thank you.

MR. LLOYD: Just one or two follow-up questions –­

THE COURT: All right, sir.

MR. LLOYD: -- on what Mr. Panosh asked.

RECROSS-EXAMINATION by MR. LLOYD:

Q    Agent Pendergrass, Mitch Whidden in the February 3rd interview never told you he had talked to Jerry Falwell, Dr. Jerry Falwell, did he?

A    I don't recall him saying that he talked to Dr. Falwell. My recollection of that interview was that he talked to Dr. Wilmington.

Q    And if he had mentioned Dr. Falwell's name, you knew him, didn't you?

A    Oh --

Q    I mean, you knew who he was?

A    I knew the name, yes, sir. And I was talking to his -­his son was present during the --

Q    All right.

A    -- interview, yes, sir.

Q    Okay. And you would have made a note of that, had he mentioned that?

A    Yes, sir.

Q    All right. And he told you in the February 3rd interview it was Dr. Wilmington who recommended that he

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speak to the Liberty University attorneys, Jerry Falwell, Jr. and Mr. Yeatts; is that right?

A    Yes, sir.

MR. LLOYD: That's all I have, Your Honor.

THE COURT: Step down, sir.