Brian Yarborough, Witness for the State
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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?
450
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
455
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
456
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
457
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.
458
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?
459
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.
460
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?
461
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.
462
(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.
463
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.
464
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?
465
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
468
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
469
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.
470
(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?
471
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
472
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
473
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
474
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?
475
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.)
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