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FRIDAY, AUGUST 14, 1998

(Court convened at 9:37 a.m. The defendant was present. The jury was not present.)

THE COURT: Any matters we need to take care of before I bring the jury in?

MR. PANOSH: No, Your Honor.

MR. LLOYD: No, sir, Your Honor. (The jury entered the courtroom at 9:38 a.m.)

THE COURT: Well, it's nice to have you back. Everyone feeling okay? Anyone have any problems today? Good.

The State ready to proceed?

MR. PANOSH: Yes.

THE COURT: Next witness, please.

MR. PANOSH: Mr. Sosnoff, please.

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

Q    Would you state your name, sir.

A    My name is Hershel Sosnoff.

Q    And you are -- your position is, sir?

A    I'm the president of the general partner of the partnership that employed Patricia Kimble.

Q    And that's a corporation; is that correct?

A    I'm sorry, sir?

Q    Is that a corporation?

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A    It is.

Q    And for the court reporter, could you spell that, please.

A    The name of the corporation?

Q    Yes.

A    Cinnamon General Corp., C-i-n-n-a-m-o-n.

Q    And in the course of your duties, do you supervise the apartments that are referred to as Cinnamon Ridge Apartments?

A    Yes, I do.

Q    And drawing your attention to 1995, and specifically, in September, October of 1995, did you employ Patricia Blakley Kimble?

A    Yes, I did.

Q    And what was her position with the company?

A    She was the manager of the Cinnamon Ridge complex.

Q    And that's an apartment project; is that correct?

A    It is.

Q    How many units, if you recall?

A    120.

Q    And did she have supervisory authority over other employees?

A    She did.

Q    In the course of your reviewing your employment records, did Cinnamon Ridge Corporation provide Patricia

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with life insurance as a benefit of her employment?

A    Yes, we did.

Q    What was the amount of that?

A    It was in the face amount of $25,000, with an additional -- additional coverage for accidental death in an equal amount.

Q    So the total amount of $50,000, in the event of an accidental death?

A    That's correct.

Q    In the course of your duties, did there come a time on or about October the 9th when you were notified of Patricia's death?

A    Yes.

Q    And thereafter, on October the 11th, did you have a conversation with Theodore Kimble?

A    I did.

Q    Would you relate that conversation to the ladies and gentlemen of the jury, please.

A    Yes.

MR. LLOYD: Object, Your Honor.

THE COURT: Overruled.

A    Ted Kimble called me at my office and asked whether the partnership had a life insurance policy on Patricia, and told me that he really needed the money, and asked that I file the claim as soon as possible. And I did contact the

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insurance company. And I learned that --

MR. HATFIELD: Objection.

THE COURT: Overruled.

A    And I learned that Ted was not the beneficiary of the policy, but that Patricia's mother, Sheila, was the beneficiary. And I called Ted to tell him that.

Q    Do you recall what date that was, that you returned that call?

A    I believe it may have been Friday. I think I -- it was -- was Thursday the 11th? It was probably the next day.

Q    Are you indicating that, based upon your recollection, it was the following day?

A    Yes, it was.

Q    And when you called Ted, what did he say?

A    He was very surprised and very unhappy to learn that he wasn't the beneficiary. He --

MR. HATFIELD: Objection. He should tell what Ted said.

THE COURT: Sustained.

MR. HATFIELD: Move to strike.

THE COURT: Members of the jury, disregard the last statement.

Q    What do you recall of what he said and the manner in which he said it?

A    He was very unhappy to learn that he was not the

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beneficiary. And he indicated that it was his plan to call Sheila, Patricia's mother, and ask her to give him the money.

Q    As a result of that conversation, did you contact Ms. Blakley?

A    I did.

Q    And would you relate that conversation, please.

A    I told Mrs. Blakley that I had had the conversation I just reported with Ted, and that I thought he was planning to call her, and I encouraged her not to give him the money, because she might need it at some future time.

Q    Now, in the course of your duties there, you kept a file in reference to that; is that correct?

A    I did.

MR. PANOSH: May I approach the witness?

THE COURT: Yes.

Q    I'll show you now what I've marked as State's Exhibits 101, 102 and 103. And starting with 101, what is -- which is a four-page document, what is that, please? And keep your voice up, if you could.

A    This is -- these are copies of correspondence which I sent to the Shenandoah Life Insurance Company, reporting Patricia's death, and a letter I sent to Mrs. Blakley, Patricia's mother, giving her a copy of the filing of the claim for her record.

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Q    Okay. And 102, is this an indication of payment on that, dated on March the 4th of '96?

A    Yes. This is a check from the Shenandoah Life Insurance Company, payable to Sheila Blakley, in the amount of $25,000.

Q    And subsequently, Number 103, is that a record of the payment of the second $25,000?

A    Yes. This is a check for $25,000, plus interest the insurance company paid, because of the almost year's passage of time after the death.

MR. PANOSH: We'd seek to introduce 101 through 103, please.

THE COURT: The Court'll allow --

MR. HATFIELD: Objection.

THE COURT: Overruled.

MR. HATFIELD: Well, Your Honor, these have no bearing on Ronnie Kimble.

THE COURT: Overruled.

MR. HATFIELD: And they -- they may come in for corroboration of Mrs. Blakley's testimony, if that's what the Court's intention is, but I don't see how they could be evidence in this case.

THE COURT: Overruled.

Proceed.

MR. PANOSH: That's all the questions of this

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witness. Thank you, sir.

THE COURT: Cross-examination?

MR. LLOYD: No questions, Your Honor.

THE COURT: Step down, sir.

MR. LLOYD: We would ask that the Court give the conspiracy instruction given earlier, with regard to this witness's testimony.

THE COURT: Again, remember, ladies and gentlemen of the jury, that this testimony is being offered for the purpose of State's -- or requirement that they prove to you the conspiracy beyond a reasonable doubt and that this defendant was a part of that conspiracy. If they fail to prove that to you beyond a reasonable doubt, then you should not consider this evidence in any way against this defendant. Do you understand that?

(Jurors nodded their head up and down.)

THE COURT: Okay.

Proceed.

Step down, sir.

(The witness left the witness stand.)