THE COURT: Next witness, please.

MR. PANOSH: Ms. Stewart, please.

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

Q    Would you please state your name.

A    Rita Stewart.

Q    And where are you employed?

A    I'm employed at ARCA presently. It's called Addiction Recovery Center Association.

Q    Could you speak up a little bit.

A    Addiction Recovery Center Association.

Q    Drawing your attention then to October -- September and October of 1995, where were you employed?

A    Porta-Medic.

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Q    And what is Porta-Medic?

A    They do medical exams for insurance companies.

Q    And what were your duties with Porta-Medic?

A    To perform those exams, whether it be EKGs, blood draws, or just the physical exam.

Q    And is one of your customers Life of Georgia, specifically Mr. Jarrell?

A    Yes, sir.

Q    Did there come a time when you were contacted in reference to an insurance examination for Theodore and Patricia Kimble?

A    Yes, sir.

Q    When was that?

A    October 4, '95.

Q    And who was that contact through?

A    Mr. Jarrell would have contacted us for that.

Q    And based upon Mr. Jarrell's information to you, what action did you take?

A    It was a blood draw only.

Q    And who were you to draw the blood on?

A    Theodore Kimble and Patricia Kimble.

Q    And what action did you take to establish or set up that appointment?

A    I received the information on the 4th of October. I -- it was preset appointment for October 5th at 11:30. And I

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would have called on October 4th to confirm that appointment.

Q    And do you know where you called?

A    I know the phone number that I called.

Q    Okay. What was that phone number?

A    (910)294-0789.

Q    2789?

A    0789.

Q    And when you called that number on October the 4th to confirm that appointment, who did you speak to?

A    Mr. Kimble.

Q    And which Mr. Kimble?

A    I'm sorry. Theodore Kimble.

Q    When was the appointment set for, based upon that conversation?

A    October 5th at 11:30 a.m.

Q    And on October the 5th, did you schedule Theodore or Patricia or both?

A    Both.

Q    On that day that the appointment -- did they show up for their appointment?

A    No, sir.

Q    What action did you take?

A    Sir?

Q    What did you do as a result of that?

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A    I called again and made another appointment sometime later that afternoon.

Q    You made a telephone call on October the 5th?

A    Yes, sir.

Q    And who did you call on October the 5th?

A    That same number, and received Mr. Kimble, Theodore Kimble.

Q    And what, if any, information was conveyed to you at that time?

A    I made it -- the next appointment was for October 12th at 2:00 p.m., and I asked if -- that Mrs. Kimble would be coming with him.

Q    Do you recall who selected the date?

A    Mr. Kimble.

Q    And when you inquired whether Patricia would be there, what were you told?

A    He basically said, "She has to come, doesn't she?" or something to that effect.

MR. LLOYD: We would object at this point, again, Your Honor, and ask for the instruction given earlier.

THE COURT: Objection's overruled.

Members of the jury, again, this is -- this evidence will only be relevant and can be considered by you against this defendant if the State has established beyond a reasonable doubt that there was a conspiracy and that this

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defendant was a co-conspirator with Ted Kimble.

Q    And on that particular day, October the 12th, were the appointments carried out?

A    No, sir.

Q    Subsequent to that, did Mr. Ted Kimble reschedule his appointment?

A    Before that day?

Q    After October the 12th.

A    Yes, sir.

Q    And when did he schedule his appointment?

A    I don't have that information. The insurance agent set that back up.

Q    Okay. Do you recall eventually taking his blood?

A    Yes, sir.

Q    And the purpose of taking his blood subsequent to October the 12th was for what?

A    It was for a life insurance policy.

Q    And that would have been his life insurance policy, correct?

A    Yes, sir.

MR. PANOSH: No further questions. Thank you, ma'am.

MR. LLOYD: No questions, Your Honor.

THE COURT: You may step down. Watch your step, ma’am.

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(The witness left the witness stand.)