870173/3S ORIGINAL SEP Troy C. Bennett, Jr., Clerk THE STATE OF TEXAS IN THE DISTRICT COURT OF BASTROP COUNTY, TEXAS VS.

Transcription

1 CAUSE NO. 0/S THE STATE OF TEXAS VS. RODNEY REED X X X X X IN THE DISTRICT COURT OF BASTROP COUNTY, TEXAS ST JUDICIAL DISTRICT 0 REPORTER'S RECORD JURY TRIAL GUILT/INNOCENCE MAY, 0 MORNING SESSION VOLUME OF ORIGINAL FILED IN COURT OF GRiMINALAPPEALS SEP Troy C. Bennett, Jr., Clerk

2 On the th day of May,, the. above entitled and numbered cause came on for hearing before said Honorable Court, Harold R. Towslee, Judge Presiding, and the following proceedings were had: Volume of 0 GUILT/INNOCENCE PHASE (PAGES THROUGH ) 0

3 APPEARANCES: 0 For the State Mr. Charles Penick District Attorney; Bastrop County 0 Pecan Street Bastrop, Texas 0 SBOT #000 () - Mr. Forrest Sanderson Assistant District Attorney 0 Pecan Street Bastrop, Texas 0 SBOT #000 () - Ms. Lisa Tanner Assistant Attorney General P. O. Box Austin, Texas - SBOT #00 () -0 0 For the Defendant Mr. Calvin Garvie Attorney at Law N. Bell St., P. Bellville, Texas SBOT #000 (0) - Ms. Lydia Clay-Jackson Attorney at Law 00 N. San Jacinto Conroe, Texas 0 SBOT #00 (0) 0- O. Box

4 CHRONOLOGICAL INDEX WITNESS APPEARANCES PAGE MORNING SESSION APPLICATION FOR ATTACHMENT RULING TERRY SANDIFER 0 DIRECT EXAMINATION BY MR. SANDERSON CROSS-EXAMINATION BY MR. GARVIE REDIRECT EXAMINATION BY MR. SANDERSON RECROSS EXAMINATION BY MR. GARVIE RECESS GENE LAWRENCE 0 DIRECT EXAMINATION BY MR. PENICK CROSS-EXAMINATION BY MR. GARVIE STEVE ROBERTSON DIRECT EXAMINATION BY MS. TANNER CROSS-EXAMINATION BY MR. GARVIE REDIRECT EXAMINATION BY MS. TANNER RECROSS EXAMINATION BY MR. GARVIE 00 0

5 GREG CORNER DIRECT EXAMINATION BY MS. TANNER 0 JENNIFER CORNER : DIRECT EXAMINATION BY MR. SANDERSON CROSS-EXAMINATION BY MR. GARVIE COURT ADJOURNED FOR A LUNCH BREAK COURT REPORTER'S CERTIFrCATE 0 0

6 EXHIBIT INDEX VOLUME * All State's Exhibits marked prior to trial in Volume, Page. (Volume No./Page No.) No. Description *Mrkd Idnt'd Ofrd Admit S-a Piece of cup / S-b Piece of cup / S- Bridal Receipt / S- Portrait Receipt / 0 S-0 Small piece of belt / S-0a Check Carbon / S-0b Check Carbon / S-0c Check Carbon / S-lll Utility Receipt / S-a Wal-Mart Receipt / S-b Wal-Mart Receipt / S-c Wal-Mart Receipt / 0 D- One-page Report 0 0 D- One-page Report 0 0 D- Report D-I0 Lab Report

7 (Day, Morning Session, May, ; Cause Number 0, the State of Texas versus Rodney Reed.) THE COURT: Before the jury comes in, may we deal with one thing? I have been handed an application for attachment in regards to a witness named Scott Barnell, who failed to answer his subpoena. Does the State 0 have any objections to that or c~mments it? on MS. TANNER: I think they are entitled to it. an order, please? THE COURT: Could you prepare I'm going to write granted on that application. We'll see if we have a form for the Sheriff's office. THE COURT: Are you ready for the jury? MR. SANDERSON: Yes, sir. 0 (Whereupon the Jury returned to the courtroom and the following proceedings were had in open Court.)

8 THE COURT: Please be seated. MS. CLAY-JACKSON: It's come to my attention that I may be doing something -- inadvertently doing something that is causing the jurors some discomfort. If that is, in fact, happening, could you ask them to send you a written note so I don't continue doing something like that. 0 THE COURT: I can't imagine what that might be, but if there is something like that, let me know, maybe through the bailiff or something like that. Who is your next witness? MR. SANDERSON: The State calls Terry Sandifer. THE COURT: If you'll let me swear you in before you testify. Please have 0 a seat right over here. TERRY SANDIFER, the witness, after having first been duly sworn, assumed the witness stand and testified upon her oath as follows: DIRECT EXAMINATION

9 QUESTIONS BY FORREST SANDERSON: THE COURT: Ma'am, will you try to speak right into that microphone so that we can all hear you. You might have to scoot your chair up a little closer to it. Ms. Sandifer, will you please start by telling us your full name? Terry Sandifer. 0 And you spell Terry, T-E-R-R-li is that correct? T-E-R-R-Y. And Sandifer? Sandifer, S-A-N-D-I-F-E-R. Let me begin by asking you where you are employed? At the Texas Department of Public Safety in Austin. MR. GARVIE: Your Honor, may 0 we approach? THE COURT: (Whereupon a brief discussion was held off the record.)

10 0 (BY MR. SANDERSON) Ms. Sandifer, what is your capacity with the DPS? I'm a latent prints analyst for DPS. And how long have you been so employed? I have been at DPS for approximately it will be years in June. Fifteen years? You don't look old enough to have been 0 anywhere for years. What exactly is a latent print examiner? Like my job duties? Yes, well -- sorry, what is the science in which you specialize? I look for prints, whether it be fingerprints or palm prints, I look for those type of things on evidence submitted to us from agencies throughout the State of Texas. What type of specific training or education 0 have you acquired to enable to perform this science? Prior to becoming a latent print examiner, I worked in DPS in crime records division, and I worked there for ten years and I classified and searched and compared inked prints that

11 were submitted to us from agencies throughout the state. The last three and a half years I have been a latent print examiner and I -- THE COURT: Hold on just a second. Let me see if we can get someone to go out and stop the confusion. (Brief pause in proceedings.) 0 The last three and a half years I've been a latent print examiner, and I've received on the job training there at the DPS, and I also attended classes at the DPS training academy, 0 several classes there in the field of latent print work. Somebody in your field, especially working for the DPS, is there some sort of certificate or some acknowledgment that you have been through the training and are, indeed, an expert in this field? What type of certificate? Each class that we take we just get certificates stating what the name of the class was and how long I attended it and if I

12 passed it. All right. Have you had occasion before in your career with the DPS to testify, especially in criminal cases? Okay. Has that been several times or just a few times? Many times. 0 Let me have you talk'to the jury a little bit now about fingerprinting. Let's start with simply the question about why fingerprints are important. What type of benefit can they add as an investigator's tool? They are a means of identification. We can use a latent print or fingerprints to tell if someone was at the scene. Have you ever seen two different people's be the same? No. 0 Is that a scientific standard, or is that just within your experience? In my experience, I have never seen or heard of anyone having the same print. What exactly do you mean by a latent fingerprint? What is the definition of

13 IIlatent fingerprint ll? The word IIlatent ll means hidden or not easily seen. It's an impression made by the fingers, the underside of the fingers, the palms, or the soles of the feet. The skin on the fingers and hands, or the palms or the soles of the feet, are different than any other skin on the rest of the body. It's rough and 0 corrugated, and if you looked on the underside of your hands you would see ridges. On these ridges are tiny minute sweat pores, and the sweat pores can secrete moisture. Also, if a formed substance is applied to these ridges like maybe blood or grease and then you touch an object, the impression that's left on the object would be known as a latent print. 0 Other than latent prints, what other kind of prints are there? There is inked fingerprints. An inked fingerprint is when you apply fingerprint ink, which is usually like a black ink. You apply it to the end joints of the finger and then you just roll from nail to nail, on a white background like a fingerprint card or piece of white paper, and that the impression that's

14 left on that white piece of paper is an inked fingerprint. Are some surfaces better for conducting a latent print than other surfaces? And what types are better than others? Paper items are usually real good for having a latent print. Smooth surfaces, clean surfaces. If it's dirty, a lot of times we 0 don't have very good results on a dirty surface or if it's a rough surface, of course, it can distort the print to where you can't see it. Can all fingerprints that you run cross, can all of them be identified? Can all of them be identified? Yes, ma'am. Or did I identify them? Just theoretically speaking, can any print 0 that you run across be identified, or are there special qualities that must be present in order for you to make an identification? Sometimes we don't identify them, and, yes, there is certain points that we have to look at to compare to an inked fingerprint to make

15 sure that they are the same. Okay. Is it as easy as what you might gather on TV to make an identification of the fingerprint? No. Why not? A latent print, it can be difficult to find a good print that has the characteristics that we use to compare to an inked print. So it 0 can be very difficult to find a latent print that is good enough to where you can use it to compare. And a lot of times on TV they make it seem easier than what it actually can be. Are some person's, because of the level of oils that they secrete on their fingers more apt to leave a fingerprint than other persons? Yes, if you are sweating or if you have like a foreign substance on your hands, like grease 0 -- like I was saying before, grease or maybe blood or whatever, that can maybe leave a better print than someone that has dry hands. Sometimes if there is too much maybe grease on the hands, that can put too much down to where it's more just like a smear. What would be the shelf life of a good latent

16 print? In other words, if somebody were to touch this bottle and leave a good solid print, how long could you expect to find that print if it wasn't tampered with in some way? There is really no way of knowing in that way. It can depend on a lot of things, the weather, if that particular bottle was sitting out in the weather, whether it was dry, 0 whether the heat from the sun or if maybe drizzled that morning. There is a lot of it things that can hinder you finding a print so really it's hard to tell how that has been on there. latent long So there isn't a standardized period of time after which you would conclude there is no point in trying? I always just try anyway, because you never know. If it is a fresh fingerprint, can you tell by 0 your analysis that it's a fresh print rather than one that's been there for days? I cannot tell. The only way that you can probably tell if is like let's say a cleaning lady may have she says, "Yes, I cleaned that bottle off yesterday," so you can kind of

17 0 assume that maybe that print was left the very next day or after she had cleaned it. But you're basing that assumption on facts that you gathered outside the examination yourself? Correct. Can you describe for us just in general terms what the process is like whenever you've got an object and you're trying to determine if there is prints on the object and then the next day which would be to try to identify who might have put that print down? Okay. For instance, on a bottle like that, I would just look at it visually to see if I anything. A lot of times you don't see anything. That's why we use chemicals or see powders, special lighting, to try to find that 0 latent print. On that particular item, you know, I would visually examine it first, then I would probably use a supergluing technique which adheres. The superglue can actually adhere to any moisture because like I said before, with a latent print you have moisture that has to touch that object so superglue would adhere to

18 that moisture, and then we use a chemical dye stain which will fluoresce with the dye on top of that superglue, and then we take it and we have a laser that we look at, it's a certain iight that will help to show you the latent print on there. And then we photograph it and take those photographs and compare it to whatever inked impressions we have. In terms of pulling a latent print off an 0 object, the process you just described, would that be the same regardless of what type of object you were trying to pull the print from-- the surface, in other words? That is just one of the many things we do. 0 That is on non-porous items, so that's how I would do that. Paper, we usually do a little bit different on paper items. And something even more porous like a piece of cloth, what would you do? Well, we have a chemical called ninhydrin that I probably would use on any type of fabric. MR. SANDERSON: Your Honor, may I approach the witness? THE COURT: Yes, sir. (BY MR. SANDERSON) Let me show you an object,

19 Ms. Sandifer, and let's say just as a hypothetical situation, you were trying to pull prints off of something, and what I am showing you for anybody that can't see is a small pocket knife. What type of factors would go into your analysis or go into your procedure I should say with regard to whether 0 or not the prints could be lifted off this pocket knife? The amount, or like if it was handled a lot, sometimes if an object is handled a lot, you can put prints on top of prints, so that can distort a good latent print to compare. Would it matter if those different prints were laid by different people or would it still be the same person? You really -- you can't tell. I mean, if there is a print on top of a print, there is no way to compare so you don't know whose 0 prints those could be. They may just be little pieces of a print and there's not enough there to really look at. Obviously, you haven't analyzed this particular object, but would you expect if I handed this to you and gave you an

20 0 opportunity, would you expect to be able to lift prints off here given the kind of object it is and what it is generally used for? Not always. What about the fact that this particular object is something that I put in my pocket all the time, carry it around in my pocket? Would that also be a factor, the process of putting it in and taking it out of a pocket? 0 How would that affect your ability to lift a print? Putting it in your pocket could wipe off any latents because latents are very delicate. It could wipe off a latent. Now, if you have a real crime situation, is there any way to tell if the real defendant, or the real person who committed that crime took a cloth or took some object and tried to 0 wipe down touched? the things that that person Is there any way for you to pick that up to know that that happened? Usually that's very difficult to be able to tell. In my case, I have never had an instance where I could tell. I'm sure it's

21 possible. All right. Is the science of latent fingerprints as you have just described -- let me back up and ask this question a different way. We have had testimony with regard to, in general, DNA and how it's a science of exclusion. MR. GARVIE: Objection to other testimony. 0 THE COURT: It's overruled. Go ahead. (BY MR. SANDERSON) In other words, in DNA, if you have a match, you know you -- or if you haven't found a match with a known piece of human matter, fluids or whatever, then if you haven't got a match, then you know that that person can be excluded. In the science of 0 fingerprints, if you don't have an object with the defendant's or the accused person's fingerprints on that object, does that mean that the person wasn't there and did not commit the crime? It doesn't mean that that person was not there. Have there been situations where you have been

22 called out to scenes, done your analysis and not come up with any fingerprints where it turned out, in fact, the person was there? Explain for the jury, if you will, how you personally, in your department, work within other departments there at the DPS and how you get involved with the investigation of any particular crime? 0 Basically, I just assist, assist the other team members. My job is to look for any evidence that I think may have a latent print on it where I can either process it right there or take it back to the lab and look at it under some of our techniques that we like the laser light and stuff. use, 0 So you do, do some of the processing on the scene when you go out -- to a particular scene? And are you part of what we might call a mobile lab team that is called out to do investigations?

23 Let me draw your attention now to some events that took place on April the rd,. Were you involved in an investigation here in Bastrop County on that date? Do you recall with whom you came to Bastrop County with? And who was it? 0 Let's see, the members that were there, our team there was a lady from DNA, her name is Karen Blakley; Javier Flores, he's from DNA; a Gene Lawrence from the crime section; our photographer, Mike Holly; and there was Gene Henderson from the photography section and then myself. And at what scene did you first arrive 0 whenever you came out other here on the rd of April? The scene of where the body was found. You did not come out to the scene of the vehicle first? The vehicle at the time was at our office in Austin. Okay. All right. Had you been to the vehicle

24 at your office in Austin processing the vehicle before you came to Bastrop? Yes, we had just gotten there and were just kind of looking at the over-all view of it. We really didn't even get into it at the time because they had found the body, and so then we went out to the scene. 0 So you weren't able to begin your processing, is that what you're saying? Correct. Okay. And about what time did you get out to the scene where the body was located? Let's see, it was around : p.m. And when you got there, I understand the different team members will be doing different things, but what exactly were you assigned to do once you got there? Let's see, my job was to find evidence that I thought may yield latent prints, just either 0 around the body or on the body. Looking for anything that may be out of the ordinary or out of place. And did you make a report based upon certain notes to help you with your testimony today?

25 There's a there not? lot of details involved in this, is Let me ask you -- if you need to refer to your notes, that's fine, but let me ask you what items you recovered there at the scene where the body was found on the rd of April,? The items that I actually collected? 0 Okay: At the scene I collected two beer cans which were on the side of the road near the body. And how -- do you remember how far away they were from the body? I do not recall. Were they on the same side of the road or on the opposite side of the road? The opposite side. Okay. What else besides the two beer cans? 0. I looked at a belt with a belt buckle. I just processed it there at the scene, just did a visual exam and dusted it a little bit and then I turned it over to the officer. I didn't actually collect it and take it back with me.

26 I.. Are you sure that belt at the scene had a buckle on it? Yes -- I'm sorry, it was handed to me by the officer. It wasn't the actual belt that was at the scene where the body was. I'm sorry. That's fine. What else there at the scene did you collect? That's all. Okay. And did you do any type of analysis 0 looking for prints right there at the scene, or did you simply collect them for processing when you got back to your office in Austin? I just collected them to take them back to the office. All right. Did you do anything else on the rd with regard to your duties there at the scene where the body was found? No. Okay. After you got back to your office, 0 since it was late in the day, did you do work that day, or did you come back and begin your processing the next day? I came back the next day. Okay. And let's talk about what you did on the th, which would be the following day.

27 What was the first thing you did on this case? I processed an -0 pickup truck. Okay. Let's talk about that. What I would like to do first is kind of run down the list, item by item, of the attempts you made to lift prints off specific objects, including the truck itself. And let's start with the truck itself, if you would. Did you try to lift 0 prints off of the truck? And where, if anywhere, did you find any type of prints on the truck? I dusted the outside of the truck, I dusted the inside of the truck, and I collected some items that were on the inside of the truck to take back to the lab to process for latent prints. And we'll talk about the individual objects 0 momentarily, truck itself. but let's just talk about the When you say you dusted the outside of the truck, what exactly -- or how much of that truck on the outside did you actually dust? All of the truck. All of the truck. Okay. And on the outside

28 did you find any prints that were suitable? How many prints did you find on the outside of the truck? I found one suitable print on the outside, passenger door of the -0 truck. Only one suitable print? you mean what? And by "suitable," 0 Where there was enough of a print there that I could make my comparison, a good latent print. You could do a complete analysis on that one print? And we will get into this in more detail a little bit later, but were you given prints of a number of people to compare them to? Okay. Did you find with regard to that one 0 print on the outside of the truck that had matched any of the prints that you were provided with? No. And where, again, did you find that one print? On the outside passenger door. Now, let's talk about the inside of the

29 truck. Did you dust the inside? And when we talk about the inside, what inclusively are we able to dust? talking about that you were I dusted the inside window -- all the windows, 0 dashboard area, the steering wheel. But not the carpet or the seats and the fabric areas? No, because in my opinion they would not yield good latents. Okay. And did you find any suitable latent prints that you could analyze on the inside? And what was that print -- or where was that print, I should say? The inside window of the passenger door. Did you dust the rearview mirror as well? 0 All right. mirror? No. Found nothing on the rearview On the inside passenger window, the print that you did find, was it a finger print or a palm print or what?

30 0 It appears to be a partial palm print. And those prints of individuals that you were provided with, did you find a of those folks? match with any No. Okay. Let's now go down the list. Just real quickly what I would like to do is go down the full list of individual items within the vehicle that you were able to collect and then 0 we'll come back and talk about whether or not you were able to find anything on them. By the way, how do you keep individual items straight so that you can have a good record of them so you can testify and so on and so forth? We number our items, and I take a lot of notes. Each individual item has its own number? 0 All right. What was item number I? An REB tag. Okay. What do you mean an REB tag? Like an ID card or what? All right. I'm looking at your report now

31 that is dated September the th,, and what I would like to do is start instead of going by each individual number, is I would like to follow your form. It might flow more smoothly that way. What I'm looking at is submission number I, date --. start -- I'll just ask you about the Can we individual items that appear on that form. We start with item number, parentheses, lifted 0 latent card. What are we talking about there? That would be the latent that I had lifted 0 from the outside door passenger door of the S-0 truck. That's the thing we just talked about, right? The next item is numbered number, red manual booklet? Did you -- were you able to lift any prints off of that? No. Q. Okay. Item a, lifted latent card. What was that latent card from? That was a latent card that I lifted from the inside window, passenger side door of the

32 truck. Is that what we talked about just momentarily a while ago? Okay. Item number b, it says, one family portrait certificate. Is that right? And I think what I'll do is I'll have you mention all these and we'll come back like I 0 suggested before and talk about whether or not you were able to get anything on them. would be the next thing under the family What portrait certificate that you have numbered on that page? a. Which is what? A utility receipt. Okay. b. What's the next item? 0 Which is what? A Pulse withdrawal slip. And number is what? A bridal shop receipt. Okay. Number 0? A green cigarette lighter.

33 Number? Metal box cutter. Number? A Big Red gum package. Okay. So you did dust the Big Red gum 0 package? Number a? Wal-Mart receipt. b and c are all three - Wal-Mart receipts. All right. Number? A business card. And the person's name on the business card? Do you have that on your records? His name is what? Robert -- 0 You can spell it if you're not sure how to pronounce it. K-A-V-I-E-F-F. Okay. Number? A yellow and blue plastic bag. All right.? A gold earring.

34 Number a? A receipt from Jimmy Fennell. All right. b? A deposit ticket. Okay. Did it have a name on it? With the name of Carol Stites on there. Okay. Item number 0? An HEB ID tag. Okay. And was that all the items that you 0 looked at on that particular day? Why is it that on this particular day we started with item number, numerically speaking, and there are a few gaps, numerically speaking, in the numbers? More than likely those were items that I just did not look at for latent prints. I only list the items that I prints. look at for latent 0 All right. So those had been gathered and examined by other folks on your team? I can check to make sure. (Witness checks records. ) Let's go back in time and pick up everything also that was submitted on --0, the day

35 you first began working on this case. number was again what? An REB ID.tag. Item Okay. Now, that is the second REB ID tag that you mentioned. Did you, in fact, dust two 0 different REB ID tags? Item number, and number also were both what? Busch Light beer cans. Were those the cans that you recovered from the scene? One of the cans was a Light Busch beer can, and the other was just a Busch beer can. Okay. Item number? A white paper napkin. Where was that recovered from? Do you have a note of that? I obtained that from a Lieutenant Campos. 0 Okay. Item number? An REB pin. Okay. And item number? Carbon copies of checks. Check numbers being,, and? Correct.

36 0 Okay. Now, let me have you -- well, let me ask you first, before I move on to that, were there any other objects that were submitted to you for analysis before May the 0th,? Any other? If you refer again to your report dated September the th,, that's what I'm making reference to. I show -- or you show on that report on May the 0th,, a handfull of other things submitted to you? Okay. Could you repeat the question? Yes, ma'am. Were there any other items, individual items, submitted to you between the dates of April of ' to May the 0th of '? What were those items? I received several fingerprint cards and palm prints of individuals. 0 Okay. But other than the comparison fingerprints and palm prints that you received, were there any other physical items removed from either of the scenes for you to examine? No.

37 Okay. And on May the 0th,, were there some more analysis? items given to you for your And those items start on your report with item number three. What was that? On -0- I had just received palm prints and fingerprints. I beg your pardon? 0 On -0-, is that the date? Yes, ma'am, if you'll look at page of your report. Right. In kind of the upper quarter of the page, you have submission number dated -0- and there is a handful I of items there, starting with item number? Two business cards. Okay. Item number? 0 One lottery ticket and a blue piece of paper. The blue piece of paper was not given a number, is that right? Correct. That would be part of item. And item number? A lottery ticket.

38 Item number? Big Red gum pack. And item number? A lifted latent that I had lifted. Okay. Now, were these items how were these items collected, do you know or have any i report on that? I'm talking about the items on the -0-? Right. This was an investigation that we did, 0 and I collected them. Okay. And from where did you collect them? From a blue Chevy truck. Okay. All right. Now, you have already mentioned that during that period of time from April the rd to May the 0th, at various different times, you were -- there were sent to you names of individuals and either their 0 fingerprint or their palm print, is that correct? Correct. About how many people altogether were you given the names of and the samples of? Approximately eight different people. Okay. And was one of those persons a Jimmy Fennell?

39 Was one of those persons a Stacey Stites? Was one of those persons a William Barton? Was one of those persons a David Lawhon? Okay. Now, with regard to all of those persons that you had samples from, were you 0 able to make a comparison with all the items that we that we have listed against all those names have talked about to see if there was any match that you could make on the pickup truck or on any of the items collected from the pickup truck or at the scene of the crime? And did you get any positive comparisons? And who were they? 0 I found prints of Stacey Stites and Jimmy Fennell. Okay. And let's talk about, now, the specific pieces of evidence that you did find their prints on. Let's start with item number. What was item number again?

40 0 A carbon copy of a check. Okay. right? And that was check number, is that Correct. And whose prints did you find on that check? I found Jimmy Fennell's prints. And whose name was on that check, by the way? I Do do not recall. you know whose pickup truck that check was 0 found in? And who was that? Jimmy Fennell's. Okay. And item number was what -- I'm sorry, b? A family portrait certificate. Okay. And whose prints did you find on that? Stacey Stites. 0 All right. item? And item number a, what was that A utility receipt. Did that receipt, if you happen to know, have anyone's name mentioned on it? I don't have a note of that. Okay. And where was the receipt found?

41 The front passenger floorboard of the S-0 truck. Okay. And whose prints were on that? Both Jimmy Fennell's and Stacey Stites. And item number a? Wal-Mart receipt. And whose prints were on the Wal-Mart receipt? Jimmy Fennell's. And where was that found? 0 In his truck. Okay. Item number a was also a Wal-Mart receipt. Did you find prints on that -- I'm 0 sorry, b? And whose prints did you find on that? Jimmy Fennell. a, did you find any receipts on that receipt -- I'm sorry, any prints on that receipt? And whose were they? Stacey Stites. All right. And I believe the last item that you found prints on was item number 0, the HEB ID tag, and whose prints were on that? Stacey Stites.

42 Okay. Now, with regard to all the items that you analyzed and mentioned in your report dated September the th,, did you find any other suitable print that you were able to do an analysis for? No. Let me have you turn now to a report that's dated February the 0th,. me? Are you with 0 (Witness nods head in the affirmative.) Let's talk about the evidence that you have in the middle of the page that you were given to analyze. Item number was what? A white cotton T-shirt. Okay. Item Number through -- or dash was a what? A bradded portion of the belt. Okay. Item number? A pair of green panties. 0 Okay. Item number dash? A bradded portion of a Item number and? belt. Pieces of a green cup. Okay. Now, with regard to these individual items, were you given comparison prints from

43 somebody else to analyze? Okay. And who was this new person that you were given comparison samples from? Rodney Reed. Okay. Were they fingerprints only or fingerprints and palm prints? Both fingerprints and palm prints. Did you find any of Rodney Reed's fingerprints 0 or palm prints on these items that you just now listed? No. Did you have a chance to go back to the items that we talked about before and compare to see if Rodney Reed's fingerprints or palm prints matched any of the other items, pickup truck? including the 0 Yes, I did have a chance to go back. And did you find his fingerprints or palm prints anywhere there? No. Did you find any fingerprints or palm prints that were suitable for analysis on those items that we just talked about, the white cotton shirt, belt buckle -- or belt with the buckle

44 and plastic green cups and so forth? No, I did not find anything suitable on those items. MR. SANDERSON: Your Honor, may I approach the witness? THE COURT: Sure. (BY MR. SANDERSON) Let me show you, Ms. Sandifer, a couple of items that are in 0 packages with numbers and on the tags. What I would like for you to do is remove the contents and tell me particular contents? if you can identify these And what are those contents? They are pieces of a plastic green cup. 0 And they are marked, are they not, as State's Exhibit a and b? Where were these cups located when you first saw them? They were in the pickup truck. Do you remember the whereabouts exactly in the pickup truck? Yes, but let me check my notes to make sure. Okay, the larger piece, which is exhibit a,

45 was in the driver's side door pocket, and then the smaller piece would be in the driver's seat. Now, you can't tell this for sure because we don't have all the pieces, but do these appear to be two pieces of what would have been the same plastic glass? Yes, they appear to be. MR. SANDERSON: The State 0 would now offer for admission a and b. (State's Exhibits Nos. a and b were offered into evidence.) MR. GARVIE: No objection. THE COURT: They are both admitted. 0 (State's Exhibit No. a and.b were admitted into evidence.) (BY MR. SANDERSON) I'm going to offer you now the contents out of a package, number, and

46 ask you to identify what that is? A bridal shop receipt. I~ this the same bridal shop receipt that you mentioned a few moments ago when we were talking about the individual items that you analyzed? And where was this receipt located? The center drink holder of the pickup truck. 0 0 That's where you found it? Did you analyze this for prints? And were you able to find anyone's prints on this receipt? No. And this is marked State's Exhibit Number, is it not? MR. SANDERSON: The State would offer State's Exhibit Number. (State's Exhibit No. was offered into evidence.)

47 MR. GARVIE: No objection, Your Honor. THE COURT: Number is admitted (State's Exhibit No. was admitted into evidence.) (BY MR. SANDERSON) And let me have you 0 identify the contents of a package that is marked b, and tell us what that is and where it was located? This was a family portrait receipt, and it was found in the front passenger floorboard of the pickup truck. This receipt -- and it's marked State's Exhibit Number, is it not? MR. SANDERSON: The State 0 would offer number. (State's Exhibit No. was offered into evidence.) MR. GARVIE: No objection.

48 THE COURT: is admitted. (State's Exhibit No. was admitted into evidence.) 0 (BY MR. SANDERSON) And were you able to find any suitable prints off of State's Exhibit? And whose prints did you find? Stacey Stites. This receipt, by the way, appears to be kind of discolored in places and there's some blue circles. Were they originally there, the blue circles and the discoloration, or was something that happened during your processing? that That's something that happened during my processing. And let me ask you the same question with 0 regard to a T-shirt that has now been marked and admitted as State's Exhibit. And I guess I have a should ask you first of all, did you chance tq examine this T-shirt and to dust it?

49 Did you find anything on this in the way of prints? No. This T-shirt, it looks tie-dyed now, it's discolored, is this the color that it appeared when you first started working with it? The purple that you see on there is a chemical that we use to try to find latents on it. 0 All right. Do you recall what color it was before you did your processing? It was white with stains, kind of reddish-brown-iooking stains on it. Are you surprised that you have found prints of Stacey Stites in the vehicle that she commonly operated? Sometimes someone can be in a vehicle and not 0 leave prints. I feel like there were prints of her found in there. And are you surprised that you did find Jimmy Fennell's prints on certain items that were his items located in that pickup truck? No, I'm not surprised. Hypothetical speaking, if some criminal activity had occurred in or around that pickup, are you surprised that you did not

50 0 find anyone else's prints that you were able to match in and around that pickup? MR. GARVIE': Objection, calls for speculation. THE COURT: I'll overrule it. You may answer it, ma'am. I'm not sure how to answer it because with prints, it's hard to find prints anywhere because a latent is very hard to recover, so I 0 would feel like that if you do find a print of someone, that it's lucky. (BY MR. SANDERSON) All right. So if you're lucky you do find them, but you would not be surprised if you did not find them? Right. Okay. Now, did you also have a chance to ' analyze or to dust a knife that was found in that pickup truck? 0 I don't see it on your reports, but you did dust the knife? And did you find any prints on the knife? No. Did you have a chance to dust an address book

51 found in that pickup truck? And did you find any prints on the address book? No. Do you recall what happened to the knife and the address book after they left your custody? The address book went to Texas Ranger Rocky Wardlow, and the knife was later collected by 0 DPS and taken back to the lab for other analysis to be done on it. Okay. MR. SANDERSON: May I have just a moment, Your Honor? THE COURT: Sure. (BY MR. SANDERSON) I can't seem to find the knife, it may take a while. But let me ask you, do you recall what the knife looked like? No, I don't recall, not in detail. I'm sorry. 0 The blade of a typical knife and the handle of a typical knife, would those be the type of surface that would commonly be a good surface to leave a fingerprint on? Yes, it's smooth, but yet the way in which it would be handled may make it difficult to find

52 a good print on it. Let me show you an item that now has been found, out of a package numbered. The package was numbered for DPS records, for the court purposes it's been marked State's Exhibit. Can you tell me if this was the knife that you dusted? (Witnesses examines item.) I do not recall. Okay. And once again, were you able, with 0 regard to the pickup truck or any of the objects -- individual objects that you found, were you able to determine whether or not somebody had intentionally tried to wipe them down so as to destroy any prints that might be present? I could not tell. MR. SANDERSON: I pass the witness. 0 CROSS EXAMINATION QUESTIONS BY MR. GARVIE: Ma'am, how many years did you say you have been doing this type of work? I have been working with fingerprints for approximately years, with latent

53 fingerprints about three and a half years. And in that time how many crime scenes would you say you have been to? Many. More' than 0? Maybe around 0. And it's not unusual or uncommon to find fingerprints in those instances, is it? It varies. Sometimes you can go on a crime 0 scene and find prints, and other times, you can't find it, any prints. no, How long has the science of fingerprinting been around? A long time. Many, many years? 0 It's been developed and the technique has increased and increased over the years, has it not? You -- on your submission list, I looked -- if I might refer to your report of September th of. I noticed that item number you have listed as a Big Red gum pack, and on the submission of -0- you have also listed Big

54 Red gum pack? Did that come from the same place? No. Where did the second item come from? It came from a blue Chevy truck. Did that belong to Jimmy Fennell also? No. Who did that belong to? 0 A Charles King. And in the process of going through these fingerprints, you stated that you compared them to several individuals on this list that you were submitted fingerprints to. The question I would like to ask you is, in this report you requested-- and I'm looking at the section that refers to results of your analysis, it appears that you requested known 0 prints of several people here, correct? is that And those were palm prints that you were requesting? Would you go down the list of those

55 - individuals, please? The individuals in which I received - That you requested these palm prints. I needed known prints of William Vance Barton and of David Allen -- no, I did receive fingerprints and palm prints of Lawhon, I did not receive palm prints on William Vance Barton. And you did not receive any palm prints from 0 Mr. Barton? Not at this point. I requested for those to be submitted. And at some time you did receive those? 0 Did you receive -- you requested additional palm prints of Stacey Stites, Jimmy Fennell, Carl Wayne Boyd, Jon Robert Colgin, Monty Virgil Kellum, James Harvey Kellum, and Keith Frederick Easterly, is that correct? Did you receive all those palm prints that you requested? No. Did you receive any of that group? I did not receive palm prints of Stacey

56 ( l '! Stites, Jimmy Fennell, Carl Wayne Boyd, Jon Robert Colgin, Monty Virgil Kellum, James Harvey Kellum, Chris Lee Hyden. I'm sorry what was that last name? Chris Lee H-Y-D-E-N. What about Monty Kellum? Monty Kellum, I did not receive fingerprints or palm prints on. James Harvey Kellum? 0 I had fingerprints but no palm prints. Keith Frederick Easterly? No palm prints but I did have fingerprints. Did you have fingerprints or palm prints for Bryan Kenneth Haynes? No. What about -- did you have palm prints for Gregory Conner? THE COURT REPORTER: I'm sorry, who? 0 MR. GARVIE: Conner. No. (BY MR. GARVIE) Did you have any palm prints or fingerprints from Ed Selmala? No. And I think I'm pronouncing that right. I may

57 not be pronouncing that name properly, but 0 something of that sort, but you don't have anybody close to that that you printed, right? I'm sorry? You don't have anybody that has a name that even resembles that that you printed, is that true? Repeat the name. Ed Selmala? No. What about a Glenn Wright? Gerald Glenn Wright, yes. You did get prints on him? Do you have a report on him? MR. GARVIE: May I approach the witness, Your Honor? THE COURT: Yes, you may. 0 (BY MR. GARVIE) May I see that report? It may take me a second to go through it. We're at your convenience. And you're talking about Gerald Wright? Yes, ma'am. (Witness hands report to counsel.)

58 Okay. Thank you. Did you also receive prints from a Giddings officer named David Hall? What was the last name? David Hall? No. Not of any type? No. And that's, by the way, that's the same for Mr. Selmala and Mr. Conner. You didn't 0 receive prints of any type, right? Correct. And also for Bryan Kenneth Haynes? Correct. Have you ever conducted classes at any academy on fingerprints? Yes, I have assisted at the DPS academy. And have you done the same thing at any other 0 local law enforcement academies? No. Have you been to any international conferences on the science of fingerprinting? How On many people are in your department? the latent print side it would be six, including the supervisor.

59 And have any of those people conducted classes for local academies? MR. GARVIE: Judge, may I have just a second? THE COURT: Take your time. (BY MR. GARVIE) Let me ask a you a couple of 0 questions. You indicated that you did find prints on the inside of the passenger window, is that correct? MR. GARVIE: If I may approach the witness? THE JUDGE: Sure. (BY MR. GARVIE) Just so we're clear, for purposes of the jury, I'm referring you to Defendant's Exhibit. this window here, are we We're talking about not? Correct. 0 The front passenger window? And also on the outside of that door? MR. GARVIE: If I might approach the witness, Your Honor?

60 0 THE COURT: Sure. (Defendant's Exhibits Nos. and were marked for identification purposes.) (BY MR. GARVIE) Ma'am, I'm handing you for 0 reference purposes Defendant's Exhibit. MS. CLAY-JACKSON: I'm and sorry, I can't hear co-counsel. (BY MR. GARVIE) I'm handing to you Defendant's Exhibit and Exhibit for identification purposes. Do you recognize these two documents? Are these reports made -- records of reports made by you? 0 And is that your signature on both of these documents at the bottom? MR. SANDERSON: The State has no objection. THE COURT: Are you offering

61 them? MR. GARVIE: I'm offering these to be admitted into evidence. (Defendant's Exhibits Nos. and were offered into evidence.) THE COURT: They are at both 0 admitted. (Defendant's Exhibits Nos. and were admitted into evidence.) (BY MR. GARVIE) And just for the record would you tell the jury what these items are? They're reports of the results of my analysis. And these are the comparisons that you have 0 referred to in your testimony in both instances regarding Mr. Reed and the fingerprints that you did find? And, in fact, all of the items in the comparisons?

62 Correct. And, again, none of those revealed the fingerprints of Mr. Correct. Reed? But you did find fingerprints in that vehicle? And those fingerprints did not belong to Jimmy Fennell, is that correct? 0 Which ones? I'm sorry, the fingerprints on the window and on the passenger door handle did not belong to Jimmy Fennell? The one on the inside I'm not sure because I never received palm prints, known palm prints of him. There was a partial palm on the 0 inside of the passenger door window that was partial palm, and I do not know if that was Jimmy Fennell's or not. And so you haven't compared them to his at all? As far as the palms, no. So you can't say that it is his? Right. a And the fingerprint found on the passenger's door -- and where on the door was that found?

63 On the inside or outside, which print? We're talking about the outside. The outside was around the door frame of the window. MR. GARVIE: Pass the witness. REDIRECT EXAMINATION 0 QUESTIONS BY MR. SANDERSON: Ms. Sandifer, with regard to those persons who would have already been excluded as suspect by virtue of their DNA analysis MR. GARVIE: Objection. This person has no personal knowledge of any DNA testing. THE COURT: It's overruled. (BY MR. SANDERSON) Are you aware of whether or not you were submitted the names of any persons who were already excluded by virtue of 0 their DNA testing? I was not aware of anything with DN Okay. Just out of an abundance of caution, I want to show you a handfull of exhibits, starting with State's Exhibits a, -b and -c and ask if you can identify those?

64 Okay. And what are those? These are three Wal-Mart receipts that I testified on earlier. Okay. Those were the numbers as indicated on here. What were your numbers on those I. receipts? a, b, and c. Okay. 0 MR. SANDERSON: Your Honor, the State would offer to admit, a, -b and -c. (State's Exhibits Nos. a, b and c were offered into evidence.) MR. GARVIE: No objection. THE COURT: They are all 0 admitted. (State's Exhibits Nos. a, b and c were admitted into evidence.)

65 (BY MR. SANDERSON) And with regard to these receipts, this discoloration, again, processing, is that right? is your Correct. And next is State's Exhibit Number. Do you recognize that exhibit? What is that? It is a utilities receipt, City of Giddings 0 utility receipt. Does it show the name to whom the receipt is given? I don't see a name. I don't think there is one on there. Is this the same receipt that you testified about before? And it was found inside the vehicle? 0 MR. SANDERSON: State moves to offer exhibit. (State's Exhibit No. was offered into evidence.)

66 MR. GARVIE: No objection. THE COURT: Number is admitted. (State's Exhibit No. was admitted into evidence.) (BY MR. SANDERSON) And lastly, a series of 0 three check carbons, State's Exhibit 0a, -b and -c, can you identify these? And what were these exhibits as we about before? testified These are the carbon copy checks -- check carbon copies, check number, and. And these were found where? In the truck. MR. SANDERSON: Move to admit State's 0a, -b and -c. 0 (State's Exhibits Nos. 0a, 0b and 0c were offered into evidence.) MR. GARVIE: No objection.

67 THE COURT: They are all admitted. (State's Exhibits Nos. 0a, 0b and 0c were admitted into evidence.) (BY MR. SANDERSON) And were these the checks 0 that you did find Jimmy Fennell's fingerprints on? And whose check does it appear, if you look at the surface of the check? Jimmy Fennell. You asked if it was in the truck? Uh-huh? Those were given those were submitted by Lieutenant Campos. Those were -- I'm not sure where they came from. 0 Okay. Now, with regard to the analysis that you testified about that is set forth in your report dated September the th,, so far as you know, was Rodney Reed even a suspect at that particular time in this investigation? As far as I know, no.

68 His name was not given to you as one of the persons to compare prints against? No. With regard to any of the people with whom you were given samples from and names of, do you know what race any of those people were? No. I just look at the fingerprints. Do you know what profession any of those people were in? i 0 No. With regard to William Barton and David Lawhon, were you able to take both -- receive both their fingerprint~ and their palm prints to analyze with regard to all of the exhibits that we have talked about so far? You said David Lawhon and 0 David Lawhon and will Barton? Yes, I compared both fingerprints and palm prints. Did they match anything that you had samples of? No. And you're not aware of what happened in the DNA department of your own department? No.

69 MR. SANDERSON: Pass. MR. GARVIE: May I approach the witness? THE COURT: Sure. RECROSS EXAMINATION QUESTIONS BY MR. GARVIE: You testified you weren't given any samples of any of the suspects that were eliminated, to 0 the best of your knowledge; Would you repeat that? is that correct? Upon questions by counsel, you said that to the best of your knowledge you weren't given prints of suspects that purportedly were eliminated; is that correct? Right, I did not know, I just looked at what was given to me. And you don't know whether any of those people were eliminated; is that your testimony? I do not know. 0 Is this a report made by you on September th,? Next to the name, Jimmy Fennell, what is the words that you see there? Elimination.

70 0 And up here at the top, next to the known fingerprints of Jimmy Fennell, what word up there? Stacey Stites. is that No, next to Jimmy Fennell? 0 E-L-I-M. That is the abbreviation for elimination? Correct. With respect to the carbons -- these are carbons that went with a checkbook; is that right? Did you actually dust the actual checkbook for prints or just the carbons? Just the carbons. I did not dust them. I used ninhydrin, which is a chemical -- THE COURT REPORTER: Would you say that again? THE WITNESS: Ninhydrin. 0 (BY MR. GARVIE) So you didn't actually process the actual checkbook for prints? No. So the only thing that you had access to were the three carbons that were in the pickup? They came from David Campos. I'm not sure

71 where he got them. MR. GARVIE: No further questions at this time. recall. Reserve the right to MR. SANDERSON: Nothing further. THE COURT: That will be all, ma'am. 0 (Whereupon the witness was excused from the stand.) THE COURT: Let's take our morning break. Remember the instructions. (At this time a recess was taken. ) 0 (Whereupon the Jury returned to the courtroom and the following proceedings were had in open Court.) THE COURT: Please be seated, thank you. Do you have your next witness?

72 MR. PENICK: Gene Lawrence. THE COURT: Sir, will you please come up here before the bench and let me swear you in before you testify. Please have a seat over here. GENE LAWRENCE, the witness, after having first been duly sworn, assumed the witness stand and testified upon his oath as follows: DIRECT EXAMINATION QUESTIONS BY MR. PENICK: Good morning. Good morning. Would you state your name, please, sir? My name is Gene Lawrence. And how are you employed? I'm employed as a criminalist at the San Diego County Sheriff's Department crime lab. MS. CLAY-JACKSON: Can we ask you to speak up. THE COURT: We'll turn it up, too, and have him speak right into it. THE COURT REPORTER: you say the names were again? What did

73 0 THE WITNESS: I'm a criminalist in the San Diego County Sheriff's Department in California. (BY MR. PENICK) How long have you been there? I have been there for about a year and a half. Prior to that, where were you employed? I was employed at the Texas Department of Public Safety Crime Lab in Austin. And how long were you employed there? I was there for about three years. And you were in the Austin area? In the crime lab in Austin? Prior to that, were you employed anywhere? I was a lab assistant or lab tech in an environmental chemistry lab. And where was that? In Austin. 0 How long were you there? I was there for a few months. What is your education? I have a Bachelor of Science degree in Chemistry from the University of Texas in Austin.

74 And have you undergone any specialized training in your field? In criminology? Where was that? I had some mostly on-the-job training at the Texas Department of Public Safety Crime Lab and a couple of courses offered through 0 0 various organizations like Southwestern Association of Forensic Scientists offers workshops, the Texas DPS academy offers classes that I've taken in crime scene search techniques and also basic forensic (inaudible.) And as part of your job you have been asked to testify in trials, have you not? Okay. And you were part of a crime scene team, were you not, that was called to Bastrop County about April the rd of? Okay. And who else was on that team? There was Karen Blakley, Javier Flores and Mike Holly and I believe Terry Sandifer.

75 About what time did y'all arrive in Bastrop County at the scene? It was a little after :00 p.m. And what did you do when you first arrived at the scene? The first thing we did was to assess the scene, looked -- and I looked for any signs of trace evidence leading up to the body and also 0 at the body, and we worked on documenting, sketching, and measuring the scene. Okay. And that was your job or your responsibility as part of the team was for trace evidence? to look And what -- would you kind of tell the jury 0 what you were looking for or what you classify as trace evidence? Well, at this particular scene I was looking for possible shoe prints in the dirt road, maybe some hairs, fibers and evidence of that nature on the victim's body itself. And were you able to find any shoe prints? There were two shoe prints that I located on the dirt road next to the broken belt that was on the dirt road.

76 Were you able to match these with anyone? And who did they match? What were they matched to? I matched those to one of the deputies' shoes. 0 Were you able to find any other shoe prints? No. And you say it was near a belt that was found on the road? Going -- leading up to the body, any trace evidence? No. did you find When you arrived, would you describe what you saw as far as the body was concerned? What would you describe, was there -- was Stacey Stites in full view, or was there something that was covering her? She was covered by a green olive drab blanket. 0 All right. And would you describe to the jury what your team or what you did, once you got to her body? Well, what we did was to remove the blanket, and we did I did a preliminary look-over to see if I could find any obvious trace evidence

77 that was actually on her body. All right. evidence? And did you find any trace I found -- I found a hair on the back of the victim's body, and there were a couple of other hairs that were recovered from the body by not by myself. Okay. And were these hairs turned over to you 0 to be analyzed? Okay. And did you take these back to the lab to analyze them, or did you do that at the scene? No, I analyzed the hairs back at the lab. So all the hairs that were located on Stacey 0 were turned over to you at the scene? And you took them back to the lab? Okay. How do you go about analyzing what you found? Or would you describe to the jury how you analyze a hair sample? Well, the first thing I do is I look at the hairs macroscopically, that without the aid of a microscope and also through a steroscope,

78 and I just look at the basic characteristics, such as length and color and things of that nature and determine if there are similarities macroscopically to warrant a comparison. microscopic What I do then is I take samples from the standard and take the unknown hairs and mount them on microscope slides and look at them in comparison microscope, and what that 0 does is that allows me to look at them side by side in the same field of view. Okay. And did you do this in this case? Yes, I did. Okay. And were any of the hairs that you found on her, were they similar in characteristic? There were a couple of hairs that I decided were similar enough to the victim and different enough from any of the suspect 0 standards that I analysis. didn't do any further Okay. And what were those? One of those was off of the back of the leg, left leg of the victim, and then there was another that was taken off of an address book

79 from the victim's vehicle that was the victim. similar to So you just decided those were the victim's hairs and you set them aside, basically? So how many hair samples did that leave for you to That left me with three. 0 Three? Okay. And what were those numbers? That was item number, item number and item number 0. And were any of. those similar, or could you tell? Number, when I compared them to the head hair standards from the victim and three different suspects and also the victim's pubic hairs and this one was those standards. not similar to any of 0 So that was number, I believe you said? That was number. Number, excuse me. All right, and what about number and number 0? Number, I excluded as coming from the victim and two of the suspect standards but was inconclusive as to the third.

80 0 Okay. And who would that have been? That was Corner. Do you have his full name? Gregory L. Corner. What did do you mean by inconclusive? Basically, what that means there were 0 microscopic similarities between the two but there were also enough microscopic differences that I couldn't make a decision or make a determination as to whether this hair did or did not come from Gregory Corner. Okay. So you're saying that it was similar but it was dissimilar? And you can't rule him out, but you can't say that it's him positively? That's correct. Was there any other match to any other 0 suspects that you -- the hair samples of any other suspects that were submitted to you? On that particular hair or any others? On any hair? On number 0, I came to the same conclusions as I did on number. And that was Greg Corner?

81 That was inconclusive as to Greg Corner, and I excluded the other two suspects. All right. Now, the blanket being over the body of Stacey Stites, would that have contaminated anything that was found under her clothing, between her skin and her clothing? No. But it could have contaminated what was between her clothing and the blanket, what the 0 blanket was resting on? And that's why you took that blanket into 0 evidence? Did you find anything on the blanket that you found on the surface of Stacey Stites? Well, I found a green colored fiber, wool fiber, that matched color and also fabric type to the composition of the blanket itself. Okay. But it wasn't a hair. I mean, you could match the two, and it came from the blanket? On an average -- or let me ask you this, do people shed their hair? Does hair fallout of

82 people? On average, people shed about 00 head hairs a day, on average. Maybe more or maybe less? So hair could be found or could attach itself to the human body anywhere, could it not? Like from a car seat, from the ground, it 0 could attach itself to a foreign -- a foreign hair could attach itself to a human body from just about anywhere, could it not? Yes, and if anyone has a dog or cat that sheds a lot, you can see just by looking at your. clothing and tell how many attach itself to your clothes. Okay. And we talked about a belt -- earlier you talked about a belt that was found 0 alongside the road. that belt? Did you do anything with approach the witness? MR. SANDERSON: May I The COURT: (BY MR. SANDERSON) Would you look at what has

83 been marked State's Exhibit Number if you can identify that? and ask Yes, I can. That has been admitted into evidence. What did you do -- the belt looks like it has been 0 taped. Did you do anything with that piece of evidence? Yes, I did. Okay. What did you do? What I did was, I wanted to see if I could determine what caused the belt to break at that point. Okay. And that's the point away from the - this is for the record, the part that is taped? the point away from Okay. So what I did is I took a knife and basically 0 I I cut at the point where the tape is and then compared the breakages microscopically to the patterns over here on the other end and determined that this breakage in the belt was not cut. tearing. It was more consistent with a Okay. And I would like to show you what has

84 been marked as State's Exhibit Number 0, this has not been introduced. and MR. GARVIE: I can't see from here. (BY MR. SANDERSON) introduced, but we This has not been intend to introduce it. THE COURT: It's been identified. MR. SANDERSON: I'm sorry? 0 THE COURT: It has been identified but it is not in evidence. (BY MR. SANDERSON) please, sir? Can you identify this, Okay. And what is that? This is the other piece of the belt, which was recovered near the victim's vehicle. And did you do anything with that? Basically I just looked at it to compare this 0 breakage on this piece to the breakage on this piece of the belt and matched them together. MR. GARVIE: Your Honor, so that we might be consistent for reference purposes and the Court and counsel's convenience, we're not going to have any

85 objection to the admission of that. So if you want to get it labeled so that we it. can refer to ' MR. PENICK: We'd ask that State's Exhibit 0 be introduced into evidence. (State's Exhibit No. 0 was offered into evidence.) 0 MR. GARVIE: No objection. THE COURT: Number 0 is admitted. (State's Exhibit No. 0 was admitted into evidence.) (BY MR. SANDERSON) Okay. Let's talk about 0 0 and State's Exhibit. of the two sections match? Did the tearing Yes, you can match up each one of the pieces or links to another piece on the other piece, on the other length of belt, and you can actually put them back together and figure out which one of these smaller pieces of the belt

86 match up on the other side. Okay. And that appears to be a tearing affect rather than a cutting affect? Is there something missing from this belt, on State's Exhibit Number? There is what appears to be the segment of the belt which has the holes for the buckle, appears to be missing. it 0 And does that appear to be a cut? No. Is hair analysis an exact science? No, it isn't. In talking with you just a few minutes ago you indicated that you wouldn't be surprised that some of the hairs that you looked at may have 0 been hers because you only looked at five samples? Would you explain that, please. When I compared these hairs, the two that I did, that I was unable to make a determination as to the origin having come from Gregory Corner or not, I only compared these two head hairs to the victim. And it's not uncommon

87 for hairs to have a wide range of microscopic characteristics all from the same person. in order to do a more complete analysis, it So would have been appropriate to do more, more than just five. Ten or fifteen would probably be a better representation, so it's not unlikely that these hairs could have actually come off the victim. MR. PENICK: Pass the 0 witness. CROSS EXAMINATION QUESTIONS BY MR. GARVIE: In looking at -- you did a report in this case, did you not? Yes, I did. MR. GARVIE: May I approach the witness? THE COURT: Yes, sir. 0 (BY MR. GARVIE) Is this the report that you did? You said that item number 0 was not consistent with the hair of Ms. Stites that you had in your possession; is that correct?

88 That's correct. And the same is true with item number? And those were the ones that you compared with Corner? And it was your conclusion at that time that 0 you were unable to exclude him as a the hairs? source of And that is the conclusion that you put in your report; is that correct? How long have you been using testing head hairs and pubic hairs or hair testing? I ha~ been doing that for about a year at the time of this analysis. How long has the science been around? 0 The science has been around, I would say probably since the 0s. You said since the 0s? And prior to doing comparisons of the hairs found in this case, had you done any previous hair testing?

89 In other cases? Fifteen other cases, twenty or more? I don't recall. Was it that many, do you recall? Probably around the ballpark of about fifteen. I'm not sure. 0 Have you did any teaching at any academy? I have done some teaching in collection of preservation of evidence and analysis shoe impressions but not hair comparisons. But you have assisted in other jurisdictions in the comparisons of hairs? Is that a science that you believe in? I don't really strongly believe in associating hairs with individuals, no. So you're telling me that you have been doing 0 something that you don't believe in at all? I can't say that I don't believe in it at all, but I believe that hair samples have limited applications because of the wide range of characteristics within an individual and also within the entire population.

90 0 Can hair samples exclude an individual? i I. Possibly you can exclude a person as having been the source of a hair. Can you testify as to the difference between pubic hair and head hair? So you'll know which is which when looking at it through a microscope? 0 And how do you know that? How can you tell that? The characteristics are different. Head hairs tend to be straight and have pretty uniform diameter where pubic hair can be curly and have kinks in them and non-uniform diameter. When you were testing the blanket and reviewing it to compare to the fibers found on the body of the deceased in this case, take any hair samples off the blanket? did you 0 No. Did you find any there? No. And other than what you have told this jury through then -- taken from her clothing and the tape lifts from the pubic area, the back

91 and the leg, did you find any other hair? No. MR. GARVIE: If I might have just a moment. THE COURT: Surely. (Defendant's Exhibit No. was marked for identification purposes. ) 0 (BY MR. GARVIE) Do you recognize this document? Yes, I do. What is that? That's a copy of the report that I issued. And when is that report dated? May th,. And is that your signature down here, sir? Yes, it is. 0 MR. GARVIE: I tender this to counsel. I would like to offer this to be admitted as Defense Exhibit. (Defendant's Exhibit No. was offered into evidence.)

92 MR. PENICK: No objection. THE COURT: Number is admitted. (Defendant's Exhibit No. I. I was admitted into evidence.) MR. GARVIE: I would pass 0 the witness. MR. PENICK: No further questions. May he be excused, Judge? MR. GARVIE: Subject to recall. THE COURT: Okay, sir, that will be all. Do you have plans to go back to California soon? THE WITNESS: MR. GARVIE: We have no 0 intention to call him again. THE COURT: You may be excused (Whereupon the witness was excused from the stand.)

93 THE COURT: Who is your next witness? MS. TANNER: Steve Robertson. THE COURT: Please have a seat right here. STEVE ROBERTSON, the witness, after 0 having first been duly sworn, assumed the witness stand and testified upon his oath as follows: DIRECT EXAMINATION 0 QUESTIONS BY MS. TANNER: Could you state your name for the jury, please, sir. My name is Steve Robertson. And how are you employed? I'm a chemist employed as the supervisor of criminalistic section of the Texas Department Public Safety Crime Lab in Austin. And how long have you been employed by the crime lab in Austin? Twenty~one years. I'm sorry?

94 Twenty-one years. A long time? And what is the area that you p~imarily work in doing forensic work? The type of evidence that the criminalistic section analyzes is what we call the trace evidence, such as hair, fibers, paint, glass, 0 shoe prints, gun shot residues, soil. particular duties are to supervise the My section. We receive evidence in a criminal investigation from law enforcement officers. We perform analysis on any trace evidence that is on the evidence that the officer submitted and testify as to the result. As the supervisor, then, you oversee the work of other analysts within that particular section of the lab? Yes, ma'am. 0 Was Gene Lawrence one of your employees in that regard? Yes, ma'am. And about how long ago did he leave and go to San Diego? I think it was August of ', I believe.

95 Now, you did not go out to the crime on the case for which we are here, the Stacey Stites case, on April the rd of, correct? That's correct, I did not. And who did the initial hair trace evidence, that sort of thing? Who did the initial work on that? Mr. Lawrence did. Did you have an opportunity to do any 0 subsequent hair and trace analysis in this case? I was asked to look at some hair, yes. And why was that? Was Gene already gone? Yes, Mr. Lawrence had already gone, and we had received some samples from Mr. Reed and I was asked to look at some of the hair on the face 0 and compare it to his hair. As such, did you go back and relook at each of the hairs that had been found as well as various suspect samples that had already been done? No, I went back and looked at three specific hair that were recovered from Stacey Stites's body, and I also re-examined her hair standards, Mr. Reed's hair and hair from a Mr.

96 Corner. And in that regard, what were the results that you came up with? There was one hair recovered from Ms. Stites's left sock apd I found that it had the same microscopic characteristics as her head hair, therefore, it could be her hair. And that is the same conclusion Mr. Lawrence came up with, correct? 0 I don't have his report. Okay. And any other results that you have? Yes, there was a hair recovered from Ms. Stites's back. I found that was a body hair. Body hair we cannot compare to head or pubic hair. You have to compare body hair to body hair; therefore, that hair does not match any head or pubic hair samples that were received. And you indicated, therefore, in your report that it was unsuitable for comparison? 0 Yes, ma'am. And were there any other hairs that you analyzed? Yes, there was a third area recovered from the victim's pubic area. This hair is similar but different. In other words, it looks alike but

97 there are differences between that hair and the head hair from Ms. Stites, as well as the head hair from Gregory Corner. And does that mean that you can identify that as coming from either of those people? No, ma'am. It just simply means that there are some inconsistencies as well as consistencies? It's similar to hair from both of them, but 0 there are some differences to both of them as well. Okay. And you compared the hairs that were found in this case to the hair of the defendant, correct? And were any of them any kind of a match? Mr. Reed's hair was not even close to matching any of these three hair that I looked at from Ms. Stites. 0 Now, is hair analysis, the type that you do, the microscopic analysis, is that as discriminating as, say, or that sort of thing? fingerprinting or DNA No, ma'am. And approximately, just in a ballpark, how

98 many hairs day do human beings lose? If what I have read, the average hair loss, head hair loss is around a day. hundred hairs a Okay. How easy is it, therefore, for other people just sort of in day-to-day to pick up stray, random hairs from other people? It would not be uncommon to find that, 0 depending on the situation. questions. MS. TANNER: No further CROSS EXAMINATION QUESTIONS BY MR. GARVIE: Sir, you have reviewed the findings and report of Mr. Lawrence, have you not? Yes, sir. And you are aware, of course, in his report dated May th of that he indicated hair 0 which you have listed as item number 0 consistent with the victim's known hair. are aware of that, right? is not You I have read that report. I don't have it with me. I don't know what it says. MR. GARVIE: May I approach

99 the witness? THE COURT: Yes, sir. (Hands witness report to review.) (Witness reviews exhibit.) (BY MR. GARVIE) So do you dispute his findings? No, I do not. And as in his findings, you found once again 0 that hair exhibits similar characteristics but some differences with Greg Corner, is that correct? The hair from the pubic area, yes, there are similarities as well as differences to his hair. And that hair was found in the pubic area during the tape lift; is that correct? I have no knowledge to that. All I know is that it's reported to me victim's pubic area. as coming from the 0 And his finding that he was unable to exclude Greg Corner as a possible source of the hair, do you dispute that? No, I don't dispute that on this -- on the hair from pubic area, talking about? is that what you're

100 00 Yes, sir. No, I do not disagree with that. witness, subject to recall. MR. GARVIE: Pass the REDIRECT QUESTIONS BY MS. TANNER: EXAMINATION 0 How can you or can you explain the apparent inconsistencies in the two of your results? They appear to be inconsistent, but they are not. When I looked at the hair, I found that Mr. Lawrence had mounted five hairs from Stacey Stites and all five of those hair were darker hair, from her head. If I compared my gray hair to my brown hair, they are not going to match. And that's similar to what Mr. Lawrence did. He mounted only the darker hair from Stacey Stites. I went back and I did some of the lighter colored hair from her 0 known sample, and the hair that I saved matches her, matches those lighter hair. Mr. Lawrence did not look at those light colored hair in his example. And you indicated a moment ago that you didn't feel like that hair analysis was as

101 0 discriminating as other sciences in a setting, correct? forensic It is not. And do you, in fact, make a notation in that regard on your report? And what is that? We report that hair does not possess 0 sufficient individual microscopic hair characteristics to be positively identified as having originated from one individual to the exclusion of all others. MS. TANNER: Thank you. No further questions. MR. GARVIE: May I approach the witness? THE COURT: Yes, sir. RECROSS EXAMINATION 0 QUESTIONS BY MR. GARVIE: Sir, do you recognize -- I'm sorry -- (Defendant's Exhibit No. 0 was marked for identification purposes. )

102 0 (BY MR. GARVIE) Do you recognize the item I'm i I i handing to you that's marked as Defendant's Exhibit Number 0? Yes, I do. And can you identify that document? Yes, What sir. is that document? It's a copy of the lab report that I prepared 0 on the hair examination that we discussed. just And is that your signature down there? It's a copy of it, yes, sir. MS. TANNER: No objection. THE COURT: Do you offer it? MR. GARVIE: I'm offering it to be admitted into evidence, Your Honor. (Defendant's Exhibit No. 0 0 was offered into evidence.) THE COURT: Ten is admitted. (Defendant's Exhibit No. 0 was admitted into evidence.)

103 0 (BY MR. GARVIE) How long have you been doing hair analysis? Over years. How do you feel about the science of hair analysis? As I have tried to illustrate, it's not an exact science like fingerprints. The best you 0 can do is if a hair, for example, from a crime scene is microscopically indistinguishable from a suspect's head hair sample, then the best you can say is it could be his hair, or it could be from somebody else who has head hair just like his, but you cannot use hair to identify a person like you can fingerprints. So for years you have been doing this? You've been doing hair analysis? Yes, sir. 0 Have you been testifying in courts during most of that time? Yes, sir. And have you been testifying about hair samples in many instances? Did you receive a sample, a hair sample from a

104 0 Bryan Kenneth Haynes? No, sir. My only involvement was the hair that we talked about. So you didn't receive a sample from a David Lawhon? No, sir. Or Ed Samela? My only involvement in this case is with these hairs. Somebody Mr. Lawrence may have, but 0 I did not. But personally you didn't receive hairs on any of those people? No, sir. Or for that matter David Hall or anybody else other than that are on your report? That's correct. Did you do any other hair testing other than what is on your report? I did not do any other testing of any kind. 0 MR. GARVIE: Pass the witness. MS. TANNER: No further questions. THE COURT: That will be all, sir.

105 0 MR. GARVIE: And again, pass subject to recall. (Whereupon the witness was excused from the stand.) MS. TANNER: We call Greg Corner. THE COURT: Please have a 0 seat. GREGORY CORNER, the witness, after having first been duly sworn, assumed the witness stand and testified upon his oath as follows: DIRECT EXAMINATION QUESTIONS BY MS. TANNER: Would you state your name for the jury, please, sir. 0 Gregory Leonard Corner, the Third. THE COURT: Scoot up a little closer to that microphone, sir. (BY MS. TANNER) And how old are you, Mr. Corner?.

106 0 Have you ever testified in court before? No. Are you nervous? Yeah. I saw your hand shaking? Well, I have migraines so I took an Excedrin. Okay. Mr. Corner, where do you live? I live currently at Center Point Road in San Marcos, Texas. 0 And how long have you lived in San Marcos, Texas? 0 Four years. And what brought you to San Marcos? School. Where did you come from? Bryan. And where did you grow up? Houston. Did you ever spend any time in Corpus Christi? Off and o~ for the summer of '. We were there on summer break. Of? Yes, ma'am. And are you currently married? Yes, ma'am.

107 0 To whom? Jennifer E. Corner. How long have y'all been married? Four years, almost. August 0th. So it's good that a guy remembers his anniversary? Yeah. Okay. Are you currently working? Yes, ma'am. 0 Okay. And where do you work? I work for Aware. I also substitute teach for the San Marcos well as the New District. Independent School District as Braunfels Independent School Tell us what Aware is. Aware is a therapeutic horseback ranch. What I do is I take care of the horses in the morning. I feed, water and get the stuff ready so that clients can come and ride. 0 And how many hours a week do you work there? It varies. I'm required to work 0. If I work anything over that, it goes toward my electric bill and gas bill so I average about 0 hours a week. usually Okay. And then what is your other job?

108 I. 0 Substitute teach, which is Tuesday and I \, Thursday. That is current. Back in ' Okay. Let me ask you about now. We're going to have to talk about now. now? Are you in school Yes, ma'am. In Southwest? Yes, ma'am. 0 And what are you studying? I'm three hours away from my Bachelor of Fine Arts directing. So you have been there since? Yes, ma'am. And so let's talk about specifically the spring semester of, May? from January until No problem. Were you working then? I was working for Aware. I as also working 0 for Panteras delivering pizzas. And were you working in the mornings for Aware like you are now? Yes, ma'am. About what time typically would you need to be at work there?

109 0 I start out anywhere between : and :00. And that's in San Marcos or New Braunfels? It's in San Marcos. And then were you also going to Southwest at that time? Yes, ma'am. Do you have any recollection how many hours 0 you were taking? I was taking I believe three classes so it was either eight or nine hours. And you said you were also working in pizza deliveries? Yes, ma'am. And what kind of hours were you doing there? Usually Fridays and Sundays, about 0 to hours a week. So in April of ' as well you would have been 0 married? And is your wife also a student at Southwest? And how far along is she? Currently she finishing up her first year of her Master of Fine Arts English. And back in April of ' where were the two of

110 0 you living in San Marcos? Center Point Road. Okay. Now what -- is that an apartment? That is a mobile home on the Aware property. Okay. least a So you-all have lived there for at couple of years? We've lived there, July will be three. Now you some years back briefly dated Stacey Stites, did you not? 0 Yes, ma'am. And when -- how long did that last? It was either March or April, I'm not exactly sure when or th. the spring break was until July th So a Yeah. few months? 0 When was the last time you saw or spoke to Stacey Stites? It was either the end of July or middle of July of '. And since July of ', have you had any contact with her whatsoever? I have not had any contact. Just for purposes of identification, I want to show you what has been marked as State's

111 Exhibit Number. Does that appear to be Stacey? Yes, ma'am. Quite a bit older than when you, when you knew her, though, I take it? Yeah, she had braces. So you said that you haven't seen her since '? No, ma'am. 0 Did you learn that Stacey Stites had been murdered? I saw it on the news. I don't remember if it was a day or two after, but, yes, I did. At the time you saw that on the news, were you aware that she was living in the Bastrop area? I was not for sure. Did it come as a surprise to you? About her living in Bastrop? No, because her 0 mom had mentioned that they had relatives in Bastrop. Did seeing that on the news come as a surprise to you? Seeing it on the news freaked me out. just like, IIWhoa." It was Greg, are you aware that at least at some

112 point in time you were considered as a in her murder because of your prior relationship? suspect Yes, And you? ma'am. in that vein, did the police talk with The police carne and talked to me and asked me to corne down. I went down, they talked tome 0 about it, they gave me a blood test and yanked my hair out and swabbed my mouth out, which I agreed to. Let me back up and ask you this. Did they request that you submit to that sort of thing? They asked me And what was to. your response to that? I had nothing to hide. Tell the jury what was your schedule like in April of? That was the week before finals, so basically 0 it was the off period for Aware but I still had to feed the horses in the morning. If I don't then I get in trouble. It's pretty much a seven day a week thing. I would feed the horses, take the two hours or so to get ready, sometimes to clean up manure, check the water,

113 turn them out in their paddocks or the pasture and feed them hay and then I would go in, depending on which day it was of the week, I could either go back to sleep for about 0 minutes or get ready and go to school. On Mondays I think I had to be there like :00. I'm not sure, it was either :00 or 0:00, Tuesday and Thursdays I had to be 0 there at :00 for history, which is a miss class. Are you being sarcastic about that? do not You do not miss. He takes off points for missing. Okay. Did you go back and actually check your work schedule for April of? Yes, I did. Specifically did you check your work schedule at Aware? for the morning of April rd of 0 I checked it for April nd and rd. What time did you have to be at work on the morning of April rd of? I would have been there between :00 and :00, : and :00. I now have to get up earlier so I don't want to get confused with that.

114 So by :00 that morning you would have been at the Aware place? And you said it was the week before finals? Yes, ma'am. Okay. What sort of effect did that have on your schedule? i I Mainly I knew that there was one class that was an audition thing, a dance routine, and we 0 were working on that, which I was supposed to have a rehearsal that Monday night, but it got canceled, and -- Let me back up and ask you this. Did you do anything that Monday night, we're talking April nd, to enhance your ability to sleep? What did you do? 0 I took two melatonin because I thought I had to get up at midnight and so it was like :00 or :00 in the afternoon. Why did you have to get up at midnight? I thought I was going to have to do a rehearsal, and one of the girls didn't get off until midnight, and then I got a call about 0:00 saying that I didn't need -- we weren't

115 going to have it. I just went back to sleep and woke up around :0 and went to work. Was Jennifer there that night, your wife? Yes, she was. She got home later because I know she was at work. Greg, did you have anything whatsoever to do with the death of Stacey Stites? No, I didn't. How tall are you? 0 ' ". Okay. '", okay. MS. TANNER: No further questions. MR. GARVIE: May I approach counsel? THE COURT: Sure. MR. GARVIE: I will pass, subject to recall. I have no questions at this time. 0 THE COURT: That will be all, sir. Are you at a location where we can locate you if we had to call you back? MS. TANNER: I know how to get in touch with him. I would like to let him go', he's in finals.

116 MR. GARVIE: I have no objection. THE COURT: Okay. Go take care of your classes. (Whereupon the witness was excused from the stand.) THE COURT: Do you have 0 another witness? MS. TANNER: We have one more short witness, and she's got a final at :00 o'clock tonight. We'll make it very short. THE COURT: Who is it? MR. SANDERSON: Jennifer Corner. THE COURT: Pardon me? MR. SANDERSON: Jennifer 0 Corner. THE COURT: Jennifer Corner. Please have a seat right over here. Please speak into the microphone so that we hear you. can all

117 JENNIFER CORNER, the witness, after having first been duly sworn, assumed the witness stand and testified upon his oath as follows: DIRECT EXAMINATION QUESTIONS BY MR. SANDERSON: Ms. Corner, will you please state your full name? Jennifer Elaine corner. And how are you related to do Greg Corner? 0 I'm his wife. Is he the same young man that just testified momentarily? How long have you and Greg been married? In August it will be four years. Do you remember the exact date? August 0th,. Jennifer, I'll try to be real quick with you but just a couple of background questions. 0 Are you currently working or going to school or both? Both. I'm a graduate student and I'm teaching at Southwest Texas State University. And what subject are you teaching? English Composition.

118 Is that what you're getting a degree in as well? I'm working toward a Master of Fine Arts Degree in Creative Writing, Poetry. And you're working towards being a writer yourself or teaching poetry? Both. It's hard to make a living simply writing these days, I'm sure? 0 Yeah, I'm teaching to make a living. Now, Ms. Corner, I'm sure you know why you're here, so what I would like to do is have you think back, and I assume that you have been asked, have you not, by investigators to try 0 to reconstruct in your own mind your activities and your husband's activities that took place back in April of? Were you able to do that to any successful degree? To a certain degree but I don't remember the exact date very well, but I know I was working two jobs and working on my completing my bachelors degree so I that time. was very busy during

119 So you don't specifically remember the late night of April the nd, ', early morning of April rd of '; is that right? Not specifically. I was probably working at the writing center that evening. Okay. Let's talk about your general routine 0 and what we can reconstruct from that. Can you tell us again, where were you working on that day and about what time were you getting home? I worked at the writing center at Southwest Texas State as a tutor, a writing counselor, and if I remember correctly, I'd have to look 0 at my work schedule but I usually worked in the evenings until :00, so unless I was writing a paper working on a paper of my own afterwards, I would get home around 0:00 o'clock or so. Okay. And I assume you were taking classes during the daytime? Taking classes during the day, yes. Where would Greg be most of the time in the evenings whenever you would get home, if you were to get home around 0:00 o'clock? Sometimes he had -- sometimes he had to stay

120 0 late for class. Rehearsals? Rehearsals and so forth, but usually we would get home around the same time. Do you recall whether or not there were any 0 0 out-of-town trips or conferences or visits to relatives or anything like that going on in April of? I think I had a conference to go to during spring break, but I think that was after the date of the crime. So around the rd of April there was nothing going on that would have taken either of you out of town? No. Do you know of any other reason why either of you would have gotten up to leave your residence? No. Describe the place where you lived at that time? We lived in a mobile home on a therapeutic horseback riding ranch, and so we worked out there in exchange for rent. When I was going to school, I lived in a

121 mobile home, and I remember how noisy they can be. Yeah, it's an older home, too, probably from the '0s so it's not in the best shape either. Do you think there is any chance that Greg could have gotten up out of bed, walked out of that mobile home, gone in and out the doors 0 and come back in sometime later that morning and doing all that without waking you up? No, I don't think he could have. Do you have any fear, Jennifer, that you are married to the person that murdered Stacey Stites on April the rd,,? No. MR. SANDERSON: Pass the witness. CROSS EXAMINATION 0 QUESTIONS BY MR. GARVIE: What type of writing do you do? I'm studying poetry, and I'm writing poetry. Have you published anything? Yes, in very small journals. In fact, I just yesterday received a letter that I would be published in a larger journal.

122 Are you a member of the Austin Writing League? Yes, I am an associate member. Good organization. MR. GARVIE: I have no further questions. MR. SANDERSON: Nothing. THE COURT: Mr. Garvie has aspirations of being a writer. THE COURT: That'll be all. 0 May she be excused? MR. GARVIE: Yes, and - released. We have no intention to recall her. THE COURT: That's all. (Whereupon the witness was excused from the stand.) THE COURT: Let's take a 0 lunch break. :. I'll ask you to come back at I've got some information I want to share with you that I think you need, and that is, we're not going to work Friday. If any of you need to make arrangements to be on your job Friday or work on computer business or

123 something, that may help. But we will work all day tomorrow. See you at :. (Whereupon the Court recessed 0 0 for a luncheon break.)

124 I STATE OF TEXAS COUNTY OF BASTROP I, Carolee Murray, Official Court Reporter in and for the st Judicial District Court of Bastrop County, State of Texas, and Notary Public for the State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all the proceedings (of all proceedings directed by counsel to be included 0 in the Statement of Facts, as the case may be), in the above styled and numbered cause, all of which occurred in open Court or in chambers and were reported by me. I further certify that this 0 transcription of the record of the proceedings truly and correctly reflects the exhibits, if any, offered by the respective parties. July,. Taxable Court Cost: WITNESS my hand this the th day of Carolee Murray Official Court Reporter th Judicial District Certification No. Expiration Date -- P.O. Box Brenham, Texas (0) -00