Corporal Houaer. 416. co sane sort o~ record as to when that was done? A. llo, Sir, I did not. 0.. toundt Q. You di4n' t do that f A. Ko, Sir. Q. Are you sure that 1 t wa.n' t done a:tter her body A. 'lo ~ recollection, no. Q. Your recolleetion ot that is aa good as your recollection u it waa october 19th 1n that letter, is that right? By Mr. Ertels ObJection. By The Court z 'l'be objection ia sustained. By Kr Fierro I By Mr. Ertelz Nothing tu.rther. Thank you., Otlicer. (Excused troa witneaa stand.). H. IUt!41! DW'f!!!l'ACHZR, being d\ll.7 awom accordins to law, tenitled aa tollon 1 B7 Mr. r1erro1 I would like to h&te an otter. (Side Bar con1ultat1on not made a part ot the record.). DlBIC'! EXAIIDIA'fi08 B7 Jlr. lrtela J: Q. State your tull name? A. H. Luther Diettenb&eher. f :
Diettenbacher. 417. Q. Your occupation? A. I am Supervisor tor the Borough ot Montoursville. Q. What did you do prevtoual.7f A. I worked tor Kremser Brothers' Contractors. 'Q. What did you do tor thea? A. I waa Equipment Operator. Q. On the 19th ot October, 1973, did you have the oc:caalon to be in the Sylvan, Del.1 areat date! A. Yea, I did. Q. What were you doing in the Sylvan Dell area on that A. I waa running a bulldozer tor the Atlantic Richtiald at tbeir Bulk Plant. :4 h,} f Q. 'lb&t would be OYer.in the Sylvan Dell area? A. Right. Q. Prior to the time you went to the S;ylvan Dell area, where had 70U been with that bulldozer!.. A. Ve mond the bulldozer troa DJ'e-'hx 1n Montoursville over to the S;rlvan Dell, over to the Atlantic-llichtield. Q. Would 70U describe the type ot soil or material 7011 nre working ln at D.Je-'rex! A. We had a plt we were tilling in at D,ye-Tex, and I'"! we had a yellow cla7 materi&l.. Q. Vu lt wet? A. Very wet. Q. And waa there some ~ that materi&l on your bu1ldozer when roa went onr to the 371van Dell areat
Dieffenbac:her. 418. A. Yea, the bu1ldozer waa, the traeks were loaded prett7 good with this material and we wanted to go over there and wanted to get back before noon, so we just sort ot loaded it up and took 1 t over. Q. You dicln't clean it, 1n other words, before you nnt OYer! A. lfo. Q. Xov, can 7ou describe where you ott-loaded that bu.ll.doser on that 4&7! A. 'l'he7 b&ye a re«ular rigbt-o~-vay through the com.t1el4 that we, where I unl.oaded it, I unl.oaded it on this ().J ript-o~-~ and walked it across the com1'1eld and up over the dike 1n back ~ the Bulk Plant.. Q. I &bow you 1dentit1ed aa Cammonwea1th's Exhibit Ko. 21, which is the same u Coa.lonwealth' s Exhibit Mo. 37, can :rou describe 1 looking at that photasrapb, can you describe the road 70\l uaecl f A. Yes. Q. What road did 70\l uaef A. We walked up this, this is the S71Yan Dell Road here, and I unloaded it r1gb't here and wal.lted up this r1ght-o:t-w&7 1 1 md right up over the did and did soee work. Q. 11ow, 70\l aq JOU "walked", what you, what do JOU a b7 "vallte4.. f A. Walked the cbine, n.m the machine up, we unla.ded 1\ ott ot \he trau.er and ran the machine up there. Q. YO\l drcrye the machine up there! I I r
Diett'enbacher. 419. A. Right. Q. By "walk" you mean drivef A. Correct. Q. lfow, what time approximate]j' did :rou go over there? A. Well, it vaa quite late in the moming, I would &7 it wu atter loroo probab~ by the time I got there, it waa atter loaoo. Q. Row, u ;you went up tha't road waa there any 1ndlc&t1on ~ travel OYer that ro&dwa7, could ;you look at the r l~ ro&dw&7 1 what waa 1n the paths and ao onf A. I didn't notice &nttblng, the ro&dwa7 is nothing bu't a right-o:t-w&7 acroaa the :tleld, and at that time it was, there,.. ac.e sraa 1n 1t, but I didn't notice &n7 tracks 1n 1t, no, nck :treah. Q. How, a:tter ;you got done with,-our work over at the ABCO l)ul.ll'rank there, vbat did TO\& do after th&tf //- ~~~ w c.. back to the po~t where I would load I 1 ~k _: :~ler. - Q. Were ;you still 1n the road, 1n the lane, the t'arm -~ ----- A. Ob, ;yea. Q. Wbat did you do be:tore J'OU loaded that onto the tra1lerf A. Well, we h&4 D~GYed the trailer ~t o:t the hj.glnrq ucl taan lt over to the area of the garage tor Atlant1c-R1cbt1eld and wb1le I took, wblle I wnt back to the road I had the traller broqbt back to me and while he was bringing lt back I cleaned the
D1ettenb&eher. 420. m&terial ott ot the dozer. I cleaned the mud and stut't ott ot the tracks or the dozer. Q. Where were TOU at that time? (~ Close to the!ltiouth ot this right-ot-way. Q. And approxilatel.7 what time did you leave there then that d&j'? A. Well. this h&4 to be juat aboqt just about 12100,.o aljaoat right &1"0\md 12& 00. Q. lfo turtber queationa. CROSS EXAMDIA'fiOB B:r Mr. Pierroa Q. What you are telling ua :rou transported a load ot wet cla7-t7pe sou over 1n that area and dumped 1 t is that correct 1 A. lfo. Q. What did 70U bring over there? someplace~ A. We brought a bulldoaer over to do ac:ae work. Q. Well. waan' t there acmetb1ng about this bulldozer kt had wet clq fd some sort! A. Yea. it did. Q. On itf Q. And J'O'l going along the ro&4 you dropped some ot it, dribbled acme aloq the roacs, is that right! A. Kot real.l7 we 1 be tore I 10&4e4 1 t back on the ~ trailer l cleaned it ott 1n the lane, I cleaned the mud ott ot it and put 1t, betore I put it back up on the deck or the traller.
Diettenba.eher. 421. Q. Where did you elean this mud, you say the mouth ot the lane! A. Yes. Q. 'l'hen any car or anyother vehicle that would go 1n and out or that lane would track it out on the road? A. Poasib]. Q. It,... a... t. clq-type you said? A. Yea. Q. That 1 all. B7!fbe Court a Mr. Ertel! RB-DIRiX:'! EXAKilfATIOI B7 Mr. Brtela Q. When yo\l 8&7 close to the mouth ot the road, ean J'OU lift us an approximation.t'rom the Sylvan Dell. Road, about bow tar back yoq cleaned it? A. Well we would pull. we pull.ecl the trailer in o.t'.t' ot the bera o.t' the ra&cl ancl then you l.q blacks down on it to crawl up on the t.ra1.ler. 80 I would aq the length or the machj.ne at leut buk ort o.t' the road mqbe 20-25 teet appraximat l,, _, Q. 'rhank JOU By Mr. Pierroa lloth1ng 1'\lrther. (Bxcun4 traa stand.). ~