the lawyers know the parameters, the limits of questions that can and can't be asked. All right? But

Transcription

1 ) 'i i ' ' 1!: 2 3 l; ' i 4 5 " 6 il the layers kno the parameters, the limits of questions that can and can't be asked. ll right? But if you feel, a juror feels that thre is a question that he or she ants to ask, hether to clarify or hatever, rite it don, hand it -- before the itness leaves, raise your hand, hand the question to the bailiff in ritten form or tell me to ait hile you rite it and then 've got to sho.it the layers. f it's an objectionable question, they have the right to object to it. have the right to object to it and 12 i ' ' tell you simply that it's not a question or a matter that can be inquired into or can be asked but if it's ', appropriate, 'll ask the questi9n for you. JUROR: Thank you. THE COURT: Okay? Fair enough? Okay. ********************** MRSHLL SMTH 18 as called as a itness by and on behalf of the State, and l1 23 il after being first duly sorn, as examined and testified as follos: DRECT EXMNTON BY MS. COLSTON: Good afternoon. 24 Good morning. 25 nd don't kno hat to call you anymore. What's 1!1 l' '! -3-

2 ) 1 your title no? former Capt. Marshall Smith? 2 think my current title is just nvestigator 3 Marshall Smith. 4 Where are you employed? 5 'm employed by the Georgia State Pardons and 6 Parole. 'm currently assigned to the GB Metro Fugitive 7 Task Force in tlanta. 8 nd ere you so employed in that capacity back on 9 January the th, 2? 1 No, as not. What ere you then? 12 as employed by the Rome City Police Department 13 here served as captain and commander of the Rome City 14 Detective Division. 15 s captain and commander of the Rome City 16 Detective Division, did you have a call out or did you 17 receive a call in an investigation that as started by your 18 department into the death of saac Dakins? 19 Yes, did. 2 t hat point in time ere you called into that 21 case? 22 Sometime around 8:, believe it as, hen got 23 called. 24 Eight p.m. after the reck? 25 That's correct

3 !\ il 1 What did you do, Capt. Smith hen -- ell, 'm :: 2 going to call you that because 've called you that for 3 years. Okay? 4 That's perfectly okay. 5 ll right. What did you do, Capt'. Smith, hen you 6 got the call at eight p.m. to go to -- or that you had a 7 possible case that you needed to look into? 8 ent to the scene first,. hic:::h as located out 9 off of 4 Highay. 1 Okay. nd looked and vieed the scene and looked at 12 exactly hat could see there at the scene. 13 ll right. 'm going to hand you hat's been 14 marked for identification purposes as State's Exhibits One 15 through Ten and 'm going to ask you to just flip through 16 the photographs if you ill and see if you can identify 17 those? 18 Yes. 19 Ho can you identify those? 2 This is hat observed that evening that 21 arrived on the scene, the incident involving saac Dakins. 22 l 1 right. nd do they - - does. State's Exhibits 23 One through Ten truly and accurately depict hat you sa 24 yourself at the scene here saac Dakitis car ent off the 25 road? -313-

4 j1!! t!!! ! 1 1!. \1! ay? evening. Yes, it does. Have those pictures been changed or altered in any This is exactly the ay remember it that MS. COLSTON: State's Exhibits One through Ten. THE COURT: 'm going to tender for admission Counsel, any objection? MR. BERNTHY: bsolutely no objections. Let them be entered ithout any. THE COURT: One through Ten are admitted ithout 12 objection., 13 '! [By Ms. Colston] 'm holding out hat's been marked as State's Exhibit 14. 've just had it identified right no. may go into that at a later time. 'll let defense counsel look at these i 19 jl 2 i 21 1\ 22 i1. ; :1 While they're looking those, the exhibits that have just been marked, Capt. Smith, looking at State's Exhibit Number Nine, ould you tell me hat that depicts? t shos a hite Toyota pickup truck ith the door open. t also shos a chrome plated toolbox and up to the left hand behind the pine tree, it also shos the rear sliding back glass indo. MS. COLSTON: John, hate to ask you but ould you set up Elmo? i

5 ' i j;,, i \! \:,1 [By Ms. Colston] s that the scene from -- from ' here? State's Exhibit Nine is the vie of the vehicle from here? Just by looking at this, hat ould probably say ould be from the main roaday into the ood line, just about even ith here the truck as itting on the road. 7 Had the truck been moved at all since the time 8 that it came to stop ith saac Dakins behind the heel? 9 No, this is before the truck as moved. 1 THE COURT: Let's stop hile all that's being done. That's probably too distracting for the jury. 12 MS. COLSTON: Okay. 13 THE COURT: Mr. Gaines, ould you loer the 14 screen, please, and then e'll cut off the to sets of 15 lights hen they're ready to proceed. Ms. Colston, 16 hile that's getting set up, come here a second. 17 Counsel. 18 [naudible colloquy beteen Court and counsel 19 outside the hearing of all others.] 2 MS. COLSTON: re e ready, John -- Mr. Harkins? 21 MR. HRKNS: Yes. 22 MS. COLSTON: ll right. 23 THE COURT: Turn the other set off too if you can. 24 Can you operate in that much light? 25 MS. COLSTON: Yes, sir

6 ) 1 THE COURT: think the jury ill be able to see 2 better if e can do that. Ladies and Gentlemen, you've got either the television screen you can look at or the i screen up on the all. The television has got a little i tl bit better resolution and the one on the all, 6 7 ' obviously is a little bit bigger bt feel more comfortable looking at. hichever one you Captain Smith. i here? [By Ms. Colston] This is State's Exhibit Nine, Can you explain to us hat e're looking at t's the red button. Here e go. am sorry. thought every man kne ho to use a laser 13 pointer ' Okay. The laser -- this is the truck itself and. you can see that the back glass here is gone. This is a toolbox that normally sits in this position here Okay. The dark spot here up in the hedge of the pine tree is the sliding back glass indo that came from here. ll right. So the toolbox and the back glass indo had come out of the truck hen it rolled? 1,\ That's correct. t as originally placed here, ',J \1 i right next to the cab like a normal toolbox goes. re you -- the picture depicted here, ho far off the road is the truck? -316-

7 1 2 3 p \j 'm not certain. q Tell us. Orient us as to if e ere the picture taker here, ould e be standing at the edge of the road or lj ' close to it? The road is further back this ay, don a little bit before you get to the pavement and then the ood line is.. off to the right. 8 nd ould the rear of that truck be facing north, 9 south or hat? 1 Rome, Georgia is this ay. So it's facing north? 12 Right. 13 The rear is? 14 That's correct. 15 nd the front of that truck is facing into the 16 oods and south? 17 That's correct. 18 ll right. So is this the scene that all the 19 southbound drivers ould have received on their ay from 2 Rome to Cedarton, the vie? 21 That's correct , 1! 1' 1 That's correct? Yes, ma'am. Cedarton ould be going this ay. ll right. State's Exhibit Ten 'm fixing to put on the screen, is a little closer vie of the -- and ant -317-,

8 1 )l to direct you to the front - - ;\ 2 MS. COLSTON: can't move it. You move it the front of the truck. s that ho -- had the 4 truck been moved at all before State's Exhibit Ten as 5 taken? 6 That's the ay remember lookng at the truck 7 hen arrived. 8 So this is a closeup vie of the front of the 9 truck? 1 That's correct. nd the interior? 12 That's correct. 13 State's Exhibit Eight, could you tell us hat that 14 depicts? 15 Okay. f you're southbound, Cedarton being this 16, ay, it's a photo taken that ay, back toards -- back 17 toards ton so to speak. Like Rome is this ay. Cedarton 18 is over here. t's like a photo taken from here into the 19 ood line because there's the side of the truck. There's 2 the toolbox. 21 Did you determine that the toolbox as actually did belong ith that truck? 23 The ay looked at the truck, yes, ma'am. 24 nd as that toolbox turned over to the family to

9 ) u L " L 18 n [ 1 Yes, ma'am. 2 nd the marks that e see in the ground there, 3 hat is that from y'alls vehicles or -- 4 No, ma'am. 5 Right here? 6 That as from the left front or either the right 7 front tire. One of them as bloed out from hitting the 8 guardrail. The guardrail is up this ay. 9 Okay. 1 nd that as a drag mark from one of the tires because you can see there is a pine tree right here, 12 think, is skinned. believe one of the pine trees some 13 limbs as taken off. 14 So he ent through the trees and into it? 15 That is correct. 16 State's Exhibit Seven, is that just a further 17 vie, another vie of the same thing e just discussed, just further aay? "- f 19 Yes, ma'am, and you can also see the edge of the " r r 2 n s \, 25 pavement here as going that ay. far the truck is off the pavement. So you can see about ho ll right. State's Exhibit Number Six, could you tell us hat that is? From the truck position -- if the truck as up in here, this is the guardrail that -- he struck the guardrail i

10 ) 1 2!: and then ent that ay over into the ood line. ll right truck.!! hat that depicts? So the guardrail is really southbound from the State's Exhibit Number Five, could you tell us believe that being the right.-- the passenger i side of the vehicle, think. believe that's correct. 9 ll right ti! !i Yes, ma'am. nd 'm putting this up here beause honestly just don't kno hat -- hat is this, that area?! i l l road? 'm not sure. Okay. 'm sorry. s that the road possibly, just a vie of the believe so but ithout the truck being in it, !!1!i ' j!,r can't really pinpoint here it as exactly at. Well, looking at that one again and up here, Captain Smith -- believe this is the guardrail here that as tore up, here the red light, here the dot is. That is correct. nd there being, the truck ould be here. ll right. see. -32-

11 1 i! [: i '1. Because this is southbound toards Cedarton. 2 ' Could you see it from the road at -- from the road 3 at all hardly? mean, ho much could you see from the 4 road? When you approached the scene, ho much could you 5 see? 6 You could see the truck. 7 What could you see? 8 You could see the hole truck. 9 Ho much of the truck hen you say the hole 1 truck? The bed of the truck and the cab of the truck, you 12 kno, like the top. 13 ll right. 14 believe there as a pine tree somehere, yeah, 15 ' positioned to the right front. This is the right side. 16 This is the passenger's side here. 17 ll right. So you could see everything except for 18 the front of the truck? 19 That is correct. 2 'm going to hand you hat's been marked also for 21 identification purposes as State's Exhibit 13, 12 --, and 13 and 15 and 'm going to ask you first about State's 23 Exhibit 15, if e could get the lights just a hair up for 24 just a minute. 25 THE COURT: Go ahead and turn it all on

12 ) 1 MS. COLSTON: Thank you. 2 nd 'll ask you if you can identify State's 3 Exhibit This is hat 'm familiar ith as being a dispatch log. 6 s that a business is that a record that you 7 use in the regular course of business at the Rome Police 8 Department? 9 We use it quite often, yes, m'arn. 1 s that here calls are reportd and here you're dispatched out? 12 Yes, ma'am. 13 Can you tell us from using the MS. COLSTON: 'm going to tender for admission 15 State's Exhibit THE COURT: ny objection to State's 15? 17 MR. BERNTHY: None, Judg. 18 THE COURT: t's admitted ithout objection. 19 Can you tell us hen the cll came in to the reck 2 and ell, can you tell us hen the call came in, first, 21 from looking at that? 22 t looks like 192 military time. That ill be 23 7:2 p.m. 24 ll right. nd 'm going to hand you hat's been 25 marked as State's Exhibit 13 and ask you if you can identify -322-

13 ) 1 that? 2 This is a dispatch card. t goes along ith the 3 log that E uses. 4 s that also a record that's kept in the regular 5 course of business that y'all use in your investigations at 6 the Rome Police Department Detective Division? 7 That's correct. 8 ll right. The same question ith Number 12. Do 9 you recognize that? 1 This is a fire dispatch card. nd is that something you typically ill go get 12 and look at times on and keep in the regular course of 13 business at the Rome Police Department? ; 14 That is correct too. N 6 15 Sarne question ith Number, EMS dispatch card? ro u 16 Yes. 17 rr rr 18 s that something that y'all typically ill sometimes go get and look at and keep in the regular course rr 19 of business from the center to your office? rr rr 2 That is correct. 21 ll right. 22 MS. COLSTON: 'm going to tender for admission rr 23 also State's Exhibit, 12, and 13.and THE COURT: ny objection? 25 MR. BERNTHY: No objection, Judge

14 ) 1 THE COURT: ll right. Each of these are admitted 2 ithout objection. 3 [By Ms. Colston] have a Floyd County one but 4 you're ith the City. Can you identify a Floyd County 5 E record? 6 don't kno. 7 That's okay. f you can, Mr. bernathy has one 8 and if he ants to tender it, that ill be fine. We'll do 9 it that ay. 1 Okay. This State's Exhibit 15, the dispatch log, and 'm 12 going to put it up there and hopefully -- e probably on't 13 have to turn the lights don but THE COURT: Well, let's turn them don. t's 15 easier to see that ay. ci u ll 2 "" n. < n. (/) f n. (/) <.J 2 ll 16 [By Ms. Colston] From looing at this, can you 17 tell us, can you explain to us hat this stuff means? 18 THE COURT: s that the best focus on that? 19 MS. COLSTON: No, sir, he's going to 2 Capt. Smith, can you tell us -- this is the log; correct? 22 Yes, ma'am. 23 nd can you tell us hat time the call came in on 24 the reck and hen the first officer as dispatched? 25 The very first line it says 192 and you ill see -324-

15 1 Officer 84, believe it's 59, 15, 27 South means? 3 That's a radio -- that's a.police code saying 4 there's a reck ith injuries. 5 reck ith injuries and that as at That's military time of 7:2 p.m.? 7 That is correct. 8 Do you kno ho unit 59 is? 84? 9 believe 84 ould be Taylor and think 59 ould 1 be Officer Hank Jackson. ll right. 'm going to put State's Exhibit 13 up 12 on the screen and is this also a record that's kept at 13 the regular course of business on the calls that come in and 14 here they came from? 15 Yes, ma'am. ci LL ::;; "".. <.. [f) f.. [f) < _J u ::;; LL 16 MS. COLSTON: nd if you could get the focus a 17 little bit better on that, John,. it sure ould help 18 because -- there you go. 19 [By Ms. Colston] Can you tell hat time they -- is 2 this a record they use hen a call comes in? 21 believe that ould be correct. What it shos, 22 it shos the street, the location. Over here on the right, 23 believe you've got the time. See, it says, 192, time 24 dispatched? 25 What's the 1922 up there? -325-

16 ) l! :! 1 think that's the time of means time of 2 arrival. 3 Okay. Time of -- so time of the officer's arrival 4 ould be 7:22 p.m. 5 The one on the right is hen they finished the 6 scene and left and think that as.23 soething, hich that 7 ould be -- a little after o'clock. 8 ll right. Don there, time call received, s 9 that 7:2? 1 Here's 7:2 p.m. and there's the date. Okay. Can you tell here the call came from or 12 ho it came from? 13 Received by -- don't kno here it came from. 14 t came by phone but 'm not sure. can't tell really ho 15 it came from. ) J 16 Because it says a mobile phone, they didn't take 17 don the name? 18 t just says a phone. 19 No looking at State's Exhibit 12, hich is the 2 E fire dispatch card, first of all did this reck, 21 hen you first thought it as a reck, of course, did this 22 occur in the city? 23 /! Yes, it did. 24 So the City ould have been the one to have been 25 called out to it; correct? 1! -326-

17 1 2 That's correct. nd fire and ambulance and all of that ould have 3 been dispatched at the same time; correct? That's correct. Who ould be called first, geerally? The police and the ambulance, they usually go somehere simultaneously, at the same time and then the fire -- it's all ithin a matter of less than a minute they all get this because they are all dispatchers, all in the same room. Okay. nd this being the fire dispatch card here, can you tell hat time the fire as dispatched, fire engines ere dispatched? beside it. bout the same time and the arrival time is right ci ci LL ::;; 16 "" 17 er: "- <>: "- (j) er: 18 f- er: 19 "- er: er: 2 (j) <>: J 21 s ::;; 22 er: LL 23 nd the arrival time is right beside it? t looks like So they got there a minute later? That's correct. The reason the response time for this is 1923 is because the fire station is only like less than three-quarters of a mile from the scene. Okay. But the police got there quicker; didn't they? 24 Yes, ma'am. 25 Okay. This is the EMS, the ambulance dispatch -327-

18 i' ) ) i! i; 1 j!. if 2 ' 3 4 card; is that not correct? This is State's Exhibit? Yes, ma'am. Can you tell hat time the EMS ere dispatched and arrived? 5 Dispatched at 192 also. believe that to be -- 6 Do you need a focus? 7 think it might be 123 right there, think. 8 Do you ant to look at it closer? 9 1 t looks like There you go, There you go. rrival time is nd they got to the hospital at? 14 7:36? Okay. To Floyd ER. s that hat that FER 15 stands for? 16 Yes, ma'am. 17 MS. COLSTON: We can turn the lights back on. 18 No, Capt. Smith, did you besides being -- kno 19 that you -- you ere the captain and you ere the chief of 2 the detectives at the time. Did you assign the 21 investigation to someone? 22 Yes, ma'am. 23 You assigned it to ho? 24 Detective Jim Moser. 25 ll right. nd he started orking the case as a -328-

19 1 homicide; is that correct? 2 That is correct No did you assist in that in the collection of i! i! evidence?! Yes. i nd hat did you secure as evidence yourself? The night after ent -- left the scene and ent to the hospital just briefly. left the hospital to 9 go back to the scene. collected the rear indo. ::i _) r jj L 1: f) r: jj - r: :; L LJ r: ' : nd you have brought that into court today? Yes, ma'am. ' 'm going to -- ell, actually Sgt. Sutton at my direction is going to hand you hat 1 s been arked as State's i! ' 1! '! i Exhibit m going to ask you if you can identify that? THE COURT: MS. COLSTON: He just -- MR. BERNTHY: 've got no objection. THE COURT: it's exhibited to the Jury. assume counsel has seen this? have not seen it, Judge, but We can take a look at it. Come up and take a look at it before MR. BERNTHY: That's fine. We 1 ll just go ahead and look at the other one, Judge. 23 THE COURT: No objection to State's Sixteen? 24 MR. BERNTHY: No objection. 25 THE COURT: 'll allo it into evidence

20 ) 1 2 MS. COLSTON: Okay. State's Exhibit 17 has been exhibited to the defense attorneys. 3 4 THE COURT: JUROR: Yes, ma'am, hat is it? didn't hear hat 5 THE COURT: You don't need to right yet. They'll 6 tell you all about it in just a minte: Okay? 'm just 7 8 dealing ith some procedural things ith them right no. 9 1 MR. BERNTHY: this, Judge. We have no objection to any of THE COURT: ll right. No State's Exhibit 16 and have no been tendered. 13 MS. COLSTON: Yes, sir THE COURT: nd admitted into evidence. The jury can see them and you can continue your examination of 17 MS. COLSTON: Thank you, Your Honor. 18 [By Ms. Colston] State's Exhibit 16, ould you 19 tell me hat this is, Capt. Smith? 2 This is a sliding back glass indo that 21 retrieved in the tree line as shoed you earlier. t is 22 the complete sliding back glass indo minus one portion of 23 the indo that slides. 24 Can you turn it up sideays? t's got a tint to 25 it; correct? -33-

21 ) 1 The indo is tinted on the inside of the indo. 2 ll right. nd only the center portion is 3 completely missing; is that right? 4 That is correct. 5 ll right. Was the center po-rt;.ion missing hen 6 you retrieved this at the scene? 7 No, it as not. 8 t as not? Where as it at? ' Was it still 9 intact? 1 t as still intact. Still intact at the scene? Why_ did you take it 12 out? 13 Because it's like a BB that hits a indshield. t 14 looks like little splinters everyhere and kne that it 15 ould probably disintegrate. So took the indo, put ci u 16 clear tape over it and then took it ou- and put it in this u_ 2 "" 17 UJ a. <( bag in order to secure it. a. 18 s that's hat's contained in State's Exhibit (/) UJ f- 19 Number 17? a. 2 That is correct. UJ (/) <( _J 2 u_ nd could you sho us State's xhibit 17? Okay. This is to parts of the center portion of the sliding 23 indshield? 24 That is correct. 25 nd the one you're holding in your left hand is -331-

22 :: here the bullet ent through?,, That is correct. i ' 1:![ i 1: i Which side of the glass as it on? Driver's side. Driver's side? do you kno hether or not So it as op the driver's side and it had to.be closed; did it 7 8 not? That is correct !,, i Yeah, you're putting it back th ay it's supposed to be, something similar. That has shattered; correct? Yes, ma'am. So that ould be like you're holding it there and this ould be -- this is the passenger side, is it not, or is this the inside? 15 This is the inside see. This ould be on the driver's side. The indo ' [ tint is on the inside of the indo. i ' Okay. You can see the indo tint.. So the bullet came through the back sliding glass indo that is closest to the driver from center, over ,i r 1 : toard the driver? That is correct. MS. COLSTON: Thank you, Detective Smith

23 ) :: i: 1!: THE COURT: re you going to use this any further? ' 2 MS. COLSTON: No, sir, 'm not. 'm just looking!1 at my list here to see if can sit don. 3! i 4 i 5 '1, 6, 7 i i 8 ;! 9 [i THE COURT: just ant to put that - - MS. COLSTON: THE COURT: he can get to it?.. Mr. bernathy may ant to. Do you ant to le;ave it up there here MR. BERNTHY: have no -- THE COURT: MR. BERNTHY: MS. COLSTON: MR. BERNTHY: mean, do you need it for any further don't need it, Judge. ll right. The jury has seen it to their 14 satisfactory -- hatever they ant to do. THE COURT: 15,, ' ' : ' 24 ' 1' 25 No, the jury ill get a chance to see it. t ill be -- as told them earlier, it ill be in the jury room ith them lat r.. just ant to get it out of the ay if e can. Put that on the table. Capt. Smith, y'all may ant to just prop that over here, either right don there in front of the itness stand or -- yeah, right in ther the moment. ill be fine just for MS. COLSTON: Thank you, Detective Smith. have. no further questions. 1! 1! 1; 1: 1! 1: THE COURT: Mr. bernathy

24 ' i " ' ) ) 1 MR. BERNTHY: Yes, if could. This is the 2 Floyd County -- you sa it a minute ago. 3 MS. COLSTON: Yeah, 'd love to have a copy of 4 that henever you get a chance. 5 THE COURT: re you going to 'tender that in? 6 MR. BERNTHY: am, Judge. 7 THE COURT: ny objection to D-1? 8 MS. COLSTON: The only objection ould have is 9 something that didn't get their discovery and e ere 1 looking all over for this thing and he kne it and so 'd like to get a copy of it. 12 THE COURT: Well, e can get it to you from the 13 court reporter. The question is do you object to it 14 going into evidence? 15 MS. COLSTON: No, sir, do not. 16 THE COURT: t's admitted. 17 *************************** 18 CROSS-EXMNTON 19 BY MR. BERNTHY: 2 Would you look at that and see if you can identify 21 that, Captain Smith? 22 Dispatch log. t's marked at the top Rome/Floyd 23 County Okay. nd hat date as that dspatch card? 25 January the th, year 2, day Tuesday

25 1 The same as the others you've been looking at that 2 Ms. Colston has shon you? 3 That's correct. 4 ll right. nd can you look don.there and tell 5 me hat time the dispatch received this call on the 6 accident ith injuries? 7 Well, it says, time sent. The time sent? 8 Yes So t ould be 7:19? 12 7:19 p.m.? 13 That's correct. 14 nd that's hat time it as sent to hom? 15 Unit number 71. ci CJ LL ::;; "" Cl. <( Cl. (/) f Cl. (/) <( _J ::;; LL 16 Okay. So they sent unit number ho is unit 17 number 71? Do you kno? 18 'm not certain. don't kno. 19 Unit number 71, ould that be ith Rome or Floyd 2 County Police? 21 We've got a unit 71. don't kno if the County 22 has got a unit 71 but kno the City has got one. 23 But the dispatch card there shos that dispatched a unit to the scene of this accident at 7:19; is 25 that correct? -335-

26 1 This could be the first unit no. 2 understand that. 3 Okay. Like if you sent one at 1919, then you sent 4 to more at 192, that ould be -- think that's probable. 5 Well, that's fine. That's hat 'm looking at. 6 don't kno ho many you sent out there. Do you kno ho 7 many units ere sent? 8 don't kno. There ere several there hen got 9 there. don't kno. 1 ll right. Well, just hold on to that just a minute. 12 MR. BERNTHY: f could get some cooperation, 13 Judge. don't kno ho to operate this. 14 MS. COLSTON: We'll be glad o do it for you. 15 THE COURT: Sure. f you ant to thro that up on ci () LL :;:; "" rr: a.. <( a.. en rr: r rr: a.. rr: rr: en <( _J :;:; rr: LL 16 the screen, let them have it. 17 f you ould THE COURT: You're going to have to get that back 19 from him. 2 MR. BERNTHY: kno, Judge.." 'm looking for 21 the State's exhibits that have been marked. Here it 22 is. 23 Have you got your red pointer? 24 Yes, sir, do. 25 Dot pointer? Hold on and Mr. Harkins ill be glad -336-

27 ci ci 1 to adjust that. ll right. That one ith the little 2 asterisk by it, 1919? 3 That's correct. - 4 That's the time you're talking.about? 5 Yes, sir. 6 ll right. No if you ould, move over. 7 That's the unit number. 8 That's the unit number? 9 Seventy-one. 1 No on over? t says 15, 27 South. 12 nd that's the accident e're here about today? 13 Yes, sir, uh-huh. 14 MR. BERNTHY: No if you could, Mr. Harkins, 15 slide that don so e can see the top of the memo. 16 Okay. No identify that document for me. 17 That's FCPD. That stands for Floyd County Police T 18 T T 19 Department. Okay. nd the operator? T T 2 Forty-three, it looks like Mann. 21 ll right. No have you in your duties as a u 22 supervisor and congratulate you on your promotion ith the T 23 state and 'm going to call you Capt. Smith too because 24 that's ho kno you, Captain. 25 Thank you, sir

28 ) ci 1 Captain, as your duties as a supervisor, have you 2 had an opportunity to go inside the here they 3 generate these documents? 4 Yes, sir. 5 nd ho many people ork in there? 6 think it varies from any give times. believe 7 you've got like a fire dispatcher. You've got an ambulance 8 dispatch. You've got county dispatch and'then you've got 9 city dispatchers? You've got four to six or four to seven, 1 something like that. Do they, in fact, generate.different cards for 12 each agency like this, Floyd County Polibe Department? Ms. 13 Colston shoed you some more. 14 believe that's correct, you kno. 15 nd then they have some for the ambulance, EMS? ll ::;; "" 17 Yes, sir. a. «a. en 18 f- 19 ll right. nd they have different times marked on each of them or times marked on each of them hen they a. 2 take the call or dispatch the call. en «_J 21 That's correct. ::;; 22 nd you say this is a dispatch here they ll 23 dispatched unit number 71 if 'm not mistaken. 24 believe that to Be correct, sir. 25 MR. BERNTHY: Mr. Harkins, that's all if you -338-

29 1 could give us some light and turn that off. Thank you. 2 Was there -- look at this document and tell me did you place any lookouts on any vehicles after that accident or do you recall as your duty of supervising this accident that night or this shooting really -- maybe you didn't kno it as a shooting, but did you post any lookouts? Yeah, but see a cancellatin here of number Cancellation? Uh-huh. Didn't go to the call? Four lines don from 1919, you see a 1922 and it ci u._ ::;; "" 17 a. <>: a. (/) f- a (/) <>: _J 21 u ::;; 22 u._ says, unit number 71. t says, 122, 151. believe 122 means cancel... believe that to be orredt. Okay. No hy ould they cancel it because -- 'd have to guess. t coud be a County unit and he arrived and it ound up being in the 'city. Okay. That's fine. No you say you assigned this and that's all. Let me direct your attention to the time 1925, 7:25. What is that? t's a BOLO given out but What kind of vehicle? Something blue but it's ay off 2 West passing the Kaasaki Shop. Okay. So you don't kno hat that's about? 25 don't have a clue, sir

30 1 ll right. Let me ask you about -- you say you 2 assigned this investigation to nvestigator Moser? 3 Yes, sir. 4 nd he completed a report that you approved as his 5 officer, his senior officer? 6 Was the approving name on. the right side? 7 Well, it doesn't have one but thought you 8 testified you ere -- you assigned him and you ere the 9 captain? 1 assigned it but sometimes My lieutenant approves the reports as ell as. didn't kn9 if approved that 12 report or not. 13 Well, you're familiar ith._all the investigation 14 ork 15 Yes, sir. ci going on, being the captain? u_ :;; "" 17 Yes, sir.. <(. 18 That's correct? (/) f- 19 Yes, sir.. 2 Okay. (/) Most of it, hope, yes, sir. <( -' 21 :;; 22 nd see if you can take a look at this incident u_ 23 report and see if you've seen that before. f you look 24 through and tell me ho many pages? 25 Yes, 've read -- those are documents

31 ci 1 nd that's the report that nvestigator Moser 2 made? 3 Different officers made that report. One officer 4 named Hank Jackson made one of them. 5 Okay. 6 nd think there might be even another officer on 7 there as ell. 8 see Moser, Shropshire and Jackson? 9 Yes, sir, there are three different officers made 1 three different reports there. ll right. No did Hank Jackson he ent out 12 there that night? 13 Yes, sir, that's Officer 59: 14 No can you tell me, did you go out there, did you 15 say? Did you tell the ladies and gentlemen you ent out 16 there? u. :;: oo 17 Yes, did... <>:.. 18 Ho many ambulances ere dispatched to that en f- 19 location?.. 2 don't kno, sir. en <>: _J 21 Well, let me sho you this. See if this refreshes u 2 22 your memory, bottom line? u. 23 t looks like e had to ambulances dispatched or 24 either to ambulances is on the scene, one from Floyd and it 25 looks like one from Redmond

32 ll right. So to ambulanc_es ent out there that night according to you? ccording to that report. never sa either ambulance out there. Okay. You got there later? 6 7 Yes, sir. But there ere ambulances both from Redmond and 8 Floyd Emergency Medical; is that correct? report? ccording to that report, yes, sir. ll right. nd you have no reason to doubt your No, sir. nd you ere looking and told the ladies and ci ll "" 17 ()._ <( ()._ 18 Cf) f- 19 ()._ 2 Cf) <( _J ll 23 gentlemen of the jury a moment ago that you sa something on the State's exhibit -- might identify it for the purpose of this trial -- that you noticed a time that the officers left. think you said 123 or 23 something? -. t as 23 hours and something.. t as on one of those documents. That's like a little after eleven o'clock. ll right. Let me sho you hat's been marked State's Exhibit Number 15 and see if you can tell the ladies and gentlemen of the jury hat time they left? t's not on this document, sir Oh, it's not? No, this is just the unit number and the times -342-

33 ) ci u 16 ci LL :;; 1 sent, believe. t's on a different one. 2 There's several pages there. Does it not include 3 the 4 THE COURT: think you'd find it on -- no, on think it's on t says here, time dispatched is the 7 arrival, police code, is complete, hich is hours, hich is :24. 9 ll right. 1 nd that's officer 59. nd that's State's Exhibit Number 13? 12 That's correct, sir. 13 So according to your records here that you've 14 identified, State's Exhibit 13, this offiger as dispatched 15 at 192? That's correct. "" 17 rrived at 1922? n_ «n_ ({) 18 Correct. f- n_ 19 That ould be 7:22 this officei arrived on the 2 ({) «_J scene? 21 u :;; 22 nd then officers ere there or this particular LL 23 officer until :24 p.m.? 24 That's correct. 25 So they ere there ith this vehicle for a long -343-

34 \ 14 N 6 ro ci oc oc oc 19 oc oc 2 21 oc time; eren't they? Yes, sir. Well, there at the scene for that long, yes, sir. ll right. nd if someone had of been passing by there say at 7:25 or 7:27, 7:3, they ould.. have seen all the lights and accident and all this investigation going on; ouldn't they? What time did you say? Seven hat? 7:27? ould have thought, yes, sif; there ould have been some bluelights flying in the.air, yes, sir. ll right. nd then if they haµ of come back by that later on beteen nine and ten, they ould have still seen them out there; ouldn't they? That's correct, sir. No Ms. Colston has shoed you or the State has shon you some photographs for the jury marked State's 1 through 1. Who took these photographs? believe recall Clyde Collier took them, sir, think. Have you seen all of the photographs he took? don't recall if 've seen every photograph he took, no. He took a bunch of them; didn't he? imagine he did. He usually does

35 ci 1 nd have you revieed this entire investigation or 2 you ere just sort of overseeing, look at the reports and 3 some photographs? What do you do? 4 Repeat your question one more time. 5 re you familiar ith the entire investigation? 6 No, sir, 'm not. 7 Okay. You assign that to your men and properly 8 so? 9 That's correct. 1 But from the documents that you've identified, one document they dispatched a unit out there at 7:19? 12 That's correct. That as a county unit, officer 13 number nd you've told the ladies and gentlemen of the 15 jury, ambulances responded from both Redmond and Floyd; is 16 that correct? LL :;; "' 17 ccording to that document tuat sa, yes, sir. '1. <( '1. Cf) f- 18 ll right. nd you ent out there about hat _ 19 time? 2 Somehere approximately arourid 8:, maybe a Cf) <( _J 21 little after. :;; LL 22 ll right. Hold on just a moment. 23 MR. BERNTHY: Capt. Smith, thank you for your 24 testimony and that's all have. Thank you for coming 25 in

36 ) ci (!) LL :;; 1 THE COURT: Ms. Colston, anything further? 2 MS. COLSTON: No, sir, nothing further. 3 THE COURT: Thank you, sir. You.can step don and 4 you're free to leave so long as the -State can reach 5 you. 6 MS. COLSTON: We kno here to find him. Thank 7 you. 8 THE COURT: re those the exhibits right there? 9 Wait a second. Whose document is that? 1 CPT. SMTH: That's mine, sir. THE COURT: That's yours?. Well. fine. 12 CPT. SMTH: Thank you for checking on me though, 13 Judge. 14 MS. COLSTON: We call Dr. Carl Herring. 15 ********************** 16 "" 17 a. <( a. (]) f- 18 a (]) <( _J 21 u :;; LL