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Brian Yarborough, Witness for the State


 

THE COURT: Next witness, please.

MR. PANOSH: Mr. Yarborough, please.

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

Q    Would you state your name, sir.

A    My name is Brian Yarborough.

Q    And your occupation, sir?

A    I'm a crime scene technician with the Guilford County Sheriff's Department.

Q    On October the 9th of 1995, did you respond to Brandon Station Court?

A    Yes, I did.

Q    For what purpose?

A    There was a call of a fire and possible dead body investigation, or DBI, and crime scene technicians are required to respond to those calls.

Q    And when you arrived there, what was the status of the building?

A    The status of the building was, the fire was, to my understanding, under control. There were no flames coming


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out of it. And fire and the emergency personnel had responded already. And the crime scene had been taped off with barrier tape.

Q    And what was your duties?

A    To evaluate, assess the crime scene, to photograph, video, general -- those are my general duties at just about any call.

Q    And in reference to State's Exhibit 48, the videotape the jury's already seen, did you shoot that?

A    Yes, sir, I did.

Q    Did there come a time when you took certain photographs?

A    Yes, sir. I took a number of photographs.

Q    Specifically in reference to -‑

MR. PANOSH: May I approach?

THE COURT: Yes.

MR. HATFIELD: Objection. It's redundant. We've seen so many photographs. We all know what happened. THE COURT: Proceed.

Q    Specifically, in reference to the back bedroom area, did you take certain photographs of the weapon?

A    Yes, sir, I did.

Q    I'll show you now what's previously been introduced as 57 through 60. Do those show the weapon that you photographed?


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A    Yes, sir, they do.

Q    And would you go to the diagram, please, and indicate the location of the weapon where you photographed it.

A    Yes.

(The witness approached the diagram.)

A    The weapon was found in the back left bedroom. If you're standing here in the hallway, facing the back of the hallway, the weapon was found in this area, right here, near the door. (Indicated.)

Q    Could you -- I believe there's already been a mark put up there -‑

A    Yes, sir.

Q    -- of the gun?

A    There's a G right there in the general area.

Q    Is that the appropriate area?

A    Yes, sir.

Q    Okay. You may have a seat. Thank you. (The witness returned to the witness stand.)

Q    When you first observed the weapon, was it in plain view or was it covered?

A    The weapon was covered.

Q    How was it covered?

A    It was covered with a pillow.

Q    Did you photograph the pillow, as you observed the weapon?


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A    Yes, sir, I did.

Q    Was the weapon totally covered or partially covered? A    It was partially covered. Maybe just a little bit of the handle was out initially.

Q    And then did you take a series of photographs as you removed the pillow and exposed the weapon?

A    Yes, I did.

Q    Do the photographs also show the holster for the weapon?

A    I took photographs of the weapon, and 57 and 59 depict the holster.

Q    Did you go on to photograph the -- some of the bedroom drawers?

A    Yes, sir, I did.

Q    Showing you now what's been marked for identification as State's Exhibits 72 through 77, what do they show, please?

A    72 depicts a nightstand and the headboard, and items on the headboard and nightstand. Also looks to be linen and bed coverings. 73 depicts a drawer from the nightstand. 74 depicts a drawer partially pulled out of the dresser. 75 is a drawer that looks to be also from the dresser.

Q    And when you say "the dresser," what piece of furniture are you referring to?

A    There was a dresser -- well, the dresser of the master


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bedroom.

Q    Okay. Now, do you see the drawer that has the magazine clip in it in the photograph?

MR. PANOSH: First of all, Your Honor, we seek to introduce 72 through 75 (sic).

THE COURT: The Court'll allow the introduction of State's Exhibits 72 through 77. Was it 75?

MR. PANOSH: I believe it goes up to 77, Your Honor.

Q    Is that right, sir?

THE COURT: I have --

A    77.

THE COURT: I have 77.

Q    Do you see the photograph of the drawer that has the pistol clip in it or magazine?

A    Yes, sir, I do.

Q    And what is that, what number?

A    What exhibit?

Q    Yes, exhibit number.

A    That's 73.

Q    Okay. And where did exhibit -- the drawer that's in 73 come from?

A    The drawer out of Number 73, Exhibit 73, came from the nightstand, I believe, in Exhibit 72.

Q    Okay. And what other objects are depicted in there,


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besides the clip or a magazine for a weapon?

A There looks to be batteries, pens and pencils, what looks to be a checkbook, and some type of holder, pouch, whatever, with what looks to be cash in it.

Q    You mean, U.S. currency?

A    U.S. currency, yes.

Q    Now, what condition was that drawer in when you first found it?

A    The drawer was sitting on the floor, and it was in fairly good condition, good as in, the items weren't burned, they weren't charred, there was nothing on them, there was -- you could tell what they were. You could recognize them.

Q    Now, did you collect the evidence that was photographed in those --

A    No --

Q    -- photographs?

A    No, sir, I didn't.

Q    Whose responsibility was that?

A    At some point during the investigation, my supervisor, Sergeant Lindell, was called, and another crime scene technician was also called. I turned the crime scene over to him and most of the evidence -- most of the items were collected by them.

Q    Now, based upon your observations of the drawers in that master bedroom, did you come to any conclusions?


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A    Yes, sir, I did.

Q    And what were those conclusions?

A    The drawers of the dressers -‑

MR. LLOYD: Well, object, Your Honor. He's not entitled to give his conclusions in this case. He can state

THE COURT: Sustained.

MR. LLOYD: -- what he saw and he did.

THE COURT: Sustained.

Q    How long have you been a crime scene technician?

A    I've been in law enforcement for 11 years. I've been a crime scene technician for a total of four years with the Guilford County Sheriff's Department.

Q    Okay. And in the course of your duties over those 11 years, how many crime scenes have you been to?

A    Almost 1,000.

Q    And in each -- and over the past four years, when you've responded to crime scenes, has it been your responsibility to photograph and collect evidence?

A    Photograph, collect evidence, evaluate the scene, and lift latent evidence -- fingerprints, things of that nature, document them.

Q    Do you have specialized training in photographing crime scenes?

A    I've been to numerous classes and seminars pertaining


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to crime scene photography, crime scene documentation, preservation and collection of evidence, both since I've been employed by the Guilford County Sheriff's Department and before that, when I was in the U.S. Army.

Q    And have you had specialized training in lifting fingerprints?

A    Yes, sir, I have.

MR. PANOSH: Your Honor, we'd tender him as an expert in the field of crime scene identification and evidence collection.

MR. LLOYD: Well, Your Honor, I don't have any doubt that he doesn't have a wide range of experience in this field, but I think what Mr. Panosh is going to start asking him is, conclusions on not how you take photographs, how you lift prints, or something like that, but something far more reaching than that, and I don't think that's a proper area for him to give an opinion and a conclusion on, Your Honor.

THE COURT: The Court'll find Officer B.C. Yarborough to be an expert in the field of crime scene technician, by training, education and experience, and may express an opinion in that area.

Q    Now, based upon your training and experience, what specific observations did you make in reference to the drawers that were in that master bedroom where you collected


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and photographed evidence?

A    The drawers in the master bedroom, both the dresser drawers and the nightstand drawers, had been taken out of their respective dresser or nightstand. They had been taken out. Some were dumped over and some had been stacked up. That seemed to be unusual to me, because I've responded to different types of burglaries and break-ins, and in my experience, it's just -‑

MR. LLOYD: Objection, Your Honor.

THE COURT: Overruled.

A    -- in my experience, it's just extremely unusual for a person to take the time to -- a perpetrator, a thief or someone like that --

MR. HATFIELD: Objection. Generalizing about other crimes --

THE COURT: Well, sustained.

MR. HATFIELD: -- other criminals.

Q    Without generalizing about other crimes and criminals, what was unusual in the -- your observations of the drawer?

A    The drawers had been stacked. The drawers had been -­had their contents dumped over, and the drawers were placed on the floor, and to me, that was unusual.

Q    Did you make specific observations in reference to the bed?

A    The observation that I made of the bed was that it


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seemed to have been turned over and some of the linen had been knocked off of it.

MR. PANOSH: May I approach?

THE COURT: You may.

Q    Also in the course of your duties, did you photograph a certain gas can?

A    Yes, sir, I did.

Q    Showing you now two photographs, 78 and 79, do you recognize those?

A    Yes, sir, I do.

Q    What are those?

A    This is a photograph of the gas can that had been removed from the crime scene.

Q    Okay.

MR. PANOSH: We'd seek to introduce 78 and 79.

THE COURT: The Court'll allow the introduction of State's Exhibits 78 and 79.

Q    Can you show the ladies and gentlemen of the jury approximately where you collected that on the diagram.

A    Yes.

(The witness approached the diagram.)

A    By the time I got to the crime scene, fire personnel and initial response -- responding officer were there before me. And fire department personnel had found the gas can, and for safety purposes, they had moved it into the garage


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here. (Indicated.) And initially, I found it here, where they had placed it in the -- in the garage. (Indicated.)

Q    And where did you actually photograph it?

A    I removed the gas can from here, and what I had done was, as I said before, the -- there was -- there was barrier tape, to protect the crime scene that was set up by the officer. What I did was, I made another area inside the barrier tape that he had put up, with more barrier tape, and I placed the gas can as evidence inside there, to get it out of this area. (Indicated.) And I photographed it there on the ground.

Q    And did you collect that item, the gas can?

A    Yes, sir, I did.

Q    You may have a seat.

(The witness returned to the witness stand.)

Q    What did you do with the gas can after you collected it?

A    After I collected the gas can, it was just placed into evidence. I collected it and placed it into evidence.

Q    And eventually, was it submitted to the State Bureau of Investigation for analysis of the liquid inside?

A    Yes, sir.

MR. PANOSH: Your Honor, we'd like to omit bringing the gas can into court because of the odors, unless counsel feels it's necessary.


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MR. LLOYD: Well, we don't have any special desire to bring it in. If he can describe the gas can, that would be -- how big was it, was it a two-gallon can, was it three-gallon, was it five-gallon, or whatever.

THE COURT: You may have the witness describe.

Q    Other than what's shown in the photograph, what do you recall of the gas can?

A    It was large. It was, I think, a five-gallon gas can. It was red. There was a spout on it, a pour spout on it. And the pour spout was -- the gas can looked to be in somewhat good condition, except for the pour spout, and the pour spout was melted. It was -- all of it was made of plastic, and the pour spout had melted.

Q    And when you lifted the gas can to move it, were you able to determine whether or not there was liquid in it?

A    Yes, sir, there was liquid in it.

Q Based upon your observations and dealings in lifting it, could you tell whether it was half full, a third full, or make an estimate?

A    It was not full. There was a noticeable amount in there, but exactly how much, I can't really say. But there was a noticeable amount of liquid in there.

Q    Thank you. Did there come a time when you turned your attention to an area behind the house, where there was a shed?


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A    Yes, sir.

Q    And what was the purpose of that?

A    At a point during the investigation, I turned the crime scene over to my supervisor. He got to the crime scene and I turned it over to him. We immediately went to the exterior of the house and started in the -- at the exterior and worked our way in. There was a shed or -- there was a boat -- we called -- we referred to it as boathouse, that was at the rear of the house, and we started our investigation there.

Q    And showing you State's Exhibits that I put up there, I believe it's 80, 81 and 82; is that correct?

A    Yes, sir.

Q    What do they depict?

A    80 depicts a boat under a shed. 81 depicts what looks to be a partial hand or palm print. And 82 depicts partial hand or palm prints also on the -- 81 and 82 are on the surface of the boat.

Q    In the course of your investigation, did you develop those latent prints on the boat?

A    Myself and Sergeant Lindell did. I photographed them.

Q    And later on, were they transferred to tape and collected by yourself?

A    After photographing them, I believe Sergeant Lindell lifted them and collected them.


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Q    For the purpose of comparing them to potential other fingerprints; is that correct?

A    That's correct.

MR. PANOSH: We'd seek to introduce 80, 81 and 82.

THE COURT: The Court'll allow the introduction of State's Exhibits 81 -- 80, 81 and 82.

Q    In the course of your investigation, did you make certain observations and photograph the door that went from the garage to the kitchen area?

A    Yes, sir, I did.

Q    Showing you 8 and 9, would you look at those, please.

A    Yes, sir.

Q    What are 8 and 9?

A    8 and 9 are a picture of I believe it's called a doorjamb, the side of the door, where the dead bolt comes out of the door, and the doorknob. That's 8. And Number 9 is the doorjamb itself and damage to the doorjamb.

Q    And in addition to photographing them, did you observe the door? What was the condition of the door?

A    The door had remains of smoke and soot on it. The door itself was -- the dead bolt of the door and the doorjamb here looked to be in good condition, but the door frame has been damaged and looks to be something torn away from the door frame here. (Indicated.)

Q    Did you note or observe any pry marks?


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A    Yes, sir. There are pry marks right -- I think this is the rubber lining of the door frame, and there look to be pry marks right there in front of -- in front of where the door's damaged.

Q    Is that at the doorknob?

A    That would be at the doorknob, yes.

Q    Were you able to secure that door?

A    No, sir, I didn't secure the door.

Q    And I believe in the course of your duties, you also made certain photographs that the jury's already seen of the inside of the residence, including the pour patterns; is that correct?

A    That's correct.

Q    Other than the gas can, did you collect any physical evidence?

A    Other than the gas can, no, sir, I did not. I collected only that.

Q    Did you collect or note the number of shells that were in the magazines?

A    No, sir, I did not.

MR. PANOSH: May I approach?

THE COURT: You may.

Q    Is it in your report, sir?

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

A    Yes, sir. That's part of my -- here's my observation.


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(Indicated.)

Q    Okay.

A    Yeah, that's mine.

Q    And drawing your attention to the -- to this paragraph about the master bedroom. (Indicated.)

(Time was allowed for the witness.)

A    Yes.

Q    What did you do in reference to the magazine?

A    I photographed the magazine.

Q    Okay. In the course of preparing your report, did you note in your report the number of shells or bullets that were in each magazine?

A    No, sir, I didn't -- I didn't do that. That was -­that was done by Sergeant Lindell --

Q    Okay.

A    -- or other people in the lab.

Q    Is it reflected in your report there, sir?

A    Yes, it's reflected in this report here.

MR. LLOYD: We object to something that's reflected in the report. He says he didn't make a note of it.

THE COURT: Sustained.

Q    I take it then your report contains information that you gained from the other officers?

A    That's correct.


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Q    Okay.

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

Q    In the course of your duties, did you make observations in regard to the front door of the residence?

A    Yes.

Q    Tell the ladies and gentlemen of the jury what you observed.

A    When I got to the scene, I was pointed in the direction of the front door by the first responding officer and fire personnel. The front door was constructed of wood, and a panel of the front door had been knocked out. And you could see inside the residence.

Q    And based upon your investigation, was that done by the fire people, fighting the fire?

A    To the best of my recollection, yes, sir, it was done by the fire personnel.

Q    In the course of your investigation, did you note and photograph a Subaru Legacy that was parked in the driveway? A    Yes, sir, I did.

Q    And specifically, what did you observe about the Subaru?

A    If I can refer to my report. Subaru was gray in color. North Carolina registration, North Carolina tag EPL-9771. I documented the VIN off of it and where it was parked in the -- in the driveway.


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Q    And where was it parked in the driveway, sir?

A    It was parked directly in front of the garage, on the gravel portion of the driveway. (Indicated on the diagram.)

Q    To the left or right or in the middle, do you recall?

A    More so to the left, if you're standing looking at the house.

Q    And did you record how many feet it was from the vehicle to the garage floor itself?

A    No, sir, I did not. I think one of the other responding officers may have, but I didn't.

Q    In the course of your investigation, did you look at that first bedroom on the right there, on the lower portion of the diagram?

A    Yes, sir.

Q    And what, if anything, did you note in there?

A    In my opinion, the note that I made of the –

MR. LLOYD: Well, object, Your Honor.

THE COURT: Overruled.

Q    Don't give us your opinion. Just tell us what you observed, please.

A    Yes, sir. I observed that the bedroom had sustained fire damage and smoke damage, and just very -- less fire and smoke damage than the other bedroom did.

Q    And in regard to the condition of the room inside, did you make any observations as you did in the other rooms?


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A    I just observed that it was -- the door was open and it was -- sustained just a slightly less damage, slightly less smoke and water damage than the other bedrooms did. That's really about it.

Q    All right.

MR. PANOSH: May I approach?

THE COURT: Yes.

(Mr. Panosh indicated on a document.)

Q    What was the condition of the furniture and contents of that first bedroom?

A    The first bedroom was -- the furniture was undisturbed. It had not been overturned. It had not been gone through. There was no damage to any furniture. It was undisturbed.

Q    And you were present and assisted in the photographing and the removal of the body; is that correct?

A    Yes, sir.

Q    In the course of your investigation, were there other latent fingerprints that were lifted, to your knowledge?

A To my knowledge, the -- there were fingerprints lifted from the boat, the surface of the boat, and from the Subaru that was parked in the driveway.

Q    Do you remember which portion of the Subaru was used to obtain fingerprints?

A    I'm not exactly sure, no.

MR. PANOSH: All right. Thank you, sir. No


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further questions.

THE COURT: Mr. Lloyd?

MR. LLOYD: Thank you, Your Honor.

CROSS-EXAMINATION by MR. LLOYD:

Q    Mr. Yarborough, directing your attention to the master bedroom, you said that various drawers had been taken out of the dresser and nightstand --

A    Yes, sir.

Q    -- is that correct?

A    That's correct.

Q    And you said that they were placed on the floor; is that right?

A    That's correct. They looked --

Q    All right.

A    -- to have been placed, some were stacked, on the floor.

Q    All right. And you said in your opinion, that was unusual?

A    Yes, sir.

Q    All right. And you said also that the -- I believe you indicated that the mattress had been lifted up at some point?

A    Mattress looked to have been lifted up and turned over, off of the bed frame itself, yeah.

Q    As if someone were looking for, say, money underneath


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the mattress?

A    That was hard to determine, because the fire department had entered through that room, and I never ascertained whether or not they had come into the room and looked for persons under the bed or looked for people or, in their search, moved the bed, or the perpetrators did it.

Q    All right. But assuming that it was not the firemen who did that, that it was the perpetrator, the way you found the mattress would be consistent with someone looking under the mattress for money perhaps?

A    Someone having overturned the mattress, yes, sir.

Q    All right. And the fact that the drawers were placed on the floor and the contents emptied out would be consistent with someone looking for money or other valuables, jewels, jewelry, whatever; it would be consistent with that, wouldn't it?

A    No, sir, it really wasn't. The items that had been dumped from the drawers were practically undisturbed. They were simply on the floor. Ransacking or searching for something usually entails moving clothes aside, moving items aside. These items hadn't been moved aside. The drawers hadn't been strewn about. They were just stacked or laid on the floor. The items on the drawers were either untouched, undisturbed, or dumped out next to the drawer.

Q    Well, certainly if the perpetrator dumped the contents


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of the drawer on the floor, you could -- that would be a quick way to see everything that was in the drawer, a quick way to see what was on the bottom, wouldn't it be?

A    It would be a quick way to see what was in the drawer, but it would be inconsistent with taking the time to stack the drawers or place the drawers on the floor.

Q    Well, there was certainly a limited amount of floor space, was there not?

A    Yes, there was a limited amount of -- there was furniture in there --

Q    Yeah.

A    -- which is -- yes, uh-huh.

Q    So when you took one drawer out and then you took another one, you had the problem of, what did you do with the drawers, and if you stacked them one on top of the other, you would then have space to take out another drawer, put it over here? (Indicated.)

A    Yes, sir, that could happen. But there again, they would not have -- none of the drawers or the contents of the drawers were disturbed, and those that were disturbed hadn't been gone through. They were just on the floor or the items still intact in the floor, stacked up.

Q    Well, certainly if the perpetrator was looking for a large item, such as a jewelry chest or box, you would be able to determine if that was in the drawer, would you not


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A    Not -‑

Q    -- by quickly taking the drawer out?

A    No, sir, because some of the drawers were not disturbed. There were still items in the drawer, maybe one or two inches thick. If you simply took the drawers out and looked at them, you couldn't tell what was under the items that were on top.

MR. LLOYD: If I may approach, Your Honor.

THE COURT: You may.

Q    Do you have those pictures in front of you, Mr. Yarborough?

A    Yes, sir. Here's the series that he handed me here. (The witness handed exhibits to Mr. Lloyd.)

Q Now, Officer Yarborough, showing you what's been marked as State's Exhibit Number 73, that is a drawer that has been removed, is it not?

A    That's correct.

Q    All right. And although there are still items in the drawer, if there were a larger item, such as a jewelry chest, or a large jewelry box, you would be able to see it, without disturbing any of those items, wouldn't you?

A    Yes, sir.

Q    All right. And if you could just hold that picture up to the jury, so they would know what we were talking about.


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(The witness complied.)

Q    Thank you, Officer Yarborough. Now, showing you what's been marked as State's Exhibit 76, that shows at least two drawers which have been taken fully out; is that right?

A    Yes, sir, that's correct.

Q    And the first drawer in the foreground of that picture does not have anything in it; is that correct?

A    In the foreground? No, that --

Q    Yes.

A    -- doesn't have anything in it.

Q    All right. So either those contents were removed, or it simply didn't have anything in it to begin with; is that right?

A    As far as I can tell, yes.

Q    All right. And the second drawer has only a small number of items in it?

A    It has items in it. Exactly how many, I can't tell

Q    Well, it's not filled?

A    It's not filled, no.

Q    All right. And if you could just hold that up and show it to the jury.

A    This is the drawer that's -- (Indicated.)

Q    And certainly you would be able to see any large items, even in that second drawer, would you not, such as a jewelry chest?


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A    Yes, sir.

Q    All right. And showing you what's been marked as State's Exhibit Number 74, that indicates drawers which have been opened, or at least one drawer -- shows one drawer that's open but still in the dresser; is that right?

A    It's partially still in the dresser, yes.

Q    All right. And then there are other drawers that are, as you indicated, stacked?

A    That's correct.

Q    And those drawers basically hold clothing or appear to hold clothing; is that --

A    Clothing. There -- yes, sir.

Q    Articles of attire, some type of attire?

A    Correct.

Q    All right. And it would be difficult to tell whether someone had actually gone through those clothing items or not, would it not?

A    The drawer to the right, it's difficult to tell. The drawer to the left, it's still in the dresser. This portion of it looks somewhat undisturbed and looks like it's just been pulled out.

Q    Well, certainly -- if you could hold it up for the jury, Agent Yarborough.

(The witness complied.)

Q    Certainly if I were the perpetrator, I could have run


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my hand through that drawer that's still in the dresser and moved things about and satisfied myself that there wasn't a large item, such as a jewelry chest in there, could I not?

A    That is possible. Nothing was -- hardly anything was disturbed, but that's possible.

Q    Thank you. And Officer Yarborough, it is possible for people to hide items underneath a drawer, back up in the casing of a dresser, is it not?

A    That's possible, yes.

Q    And the only way that you could determine whether something was hidden in that fashion would be to actually take the drawer out --

A    Yes, sir.

Q    -- inspect it?

A    Yes, sir.

Q Officer Yarborough, did you assist in gathering as evidence any keys that were found on the outside of the house?

A    No, sir, I didn't assist in that.

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

THE COURT: Step down, sir.

MR. PANOSH: May I, Your Honor?

THE COURT: Yes, sir.

REDIRECT EXAMINATION by MR. PANOSH:

Q    You've been asked if what you observed was consistent


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with someone looking for something of value. Showing you 72 and the enlargement, 73, what is that item that they didn't take? (Indicated.)

A    That is cash, U.S. currency.

Q    And what is the item next to it?

A    That is a holster for a magazine, I think.

Q    Okay. And do those things have value?

A    Yes, sir, they have value.

Q    Drawing your attention to that magazine, does that have value?

A    Yes, sir, it does.

Q    Drawing your attention to State's Exhibit 58 and the other items that show -- Or excuse me. Let's go with 60, that shows the pistol. Does that pistol have value?

A    Yes, sir, it does.

Q    Is that any particular type of pistol, if you know, sir?

A    It looks to be a semiautomatic type pistol. The caliber and type, I don't know.

Q    Does it have any kind of attachment?

A    Yes, sir, it does.

Q    What's that?

A    It looks to be some type of sighting device, like -­that's used to point a person clearer to a sight, or clearer to the target that they're trying to shoot at, and it's


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mounted up under the -- up under the barrel of the pistol.

Q    Referred to as a laser sight?

A    Yes, sir.

Q   Does that laser sight and that weapon have value?

A    Yes, sir, it does.

MR. PANOSH: No further.

THE COURT: Additional questions, Mr. Lloyd?

MR. LLOYD: Just a few, Your Honor.

RECROSS-EXAMINATION by MR. LLOYD:

Q    Did you inventory the amount of cash Mr. Panosh indicated in the picture he just showed you?

A    No, sir. I documented with video and photographs.

Q    At any rate, based on your observation, that was not a large amount of cash, was it?

A    I don't know exactly how much it was.

Q    And Mr. Panosh asked you about a magazine, and he is talking about a -- essentially a clip -‑

A    Yes, sir.

Q    -- is that right, a pistol clip?

A    Right.

Q    And that would have value to someone who owned that particular type of gun, would it not?

A    Yes, sir. Say it would have value to someone that wanted a clip or wanted the bullets inside.

Q    That wanted that particular type of clip?


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A    I would assume so, yes. I don't know why anyone would take it, but it does have value.

Q    All right.

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

THE COURT: Step down, sir.

(The witness left the witness stand.)

 

 

Published August 15, 2006.  Report broken links or other problems.

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