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CAUSE NO. 8701 73/5$3
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THE STATE OF TEXAS
VS.
RODNEY REED
XXXXX
IN THE DISTRICT COURT OF
BASTROP COUNTY, TEXAS
21ST JUDICIAL DISTRICT
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REPORTER'S RECORDJURY TRIAL
GUILT/INNOCENCE PHASE
MAY 5, 1998
AFTERNOON SESSION
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VOLUME 46 OF 69
ORIGINAL
FILED INCOURT ('II: "'OI~II~J(l.l .".,.,01=-ALS
SEP 9 1998
Troy G. bennet\, Jr., Clerk
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1 On the 5th day of May, 1998~ the
2 above entitled and numbered cause came on for
3 hearing before said Honorable Court, Harold R.
4 Towslee, Judge Presiding, and the following
5 proceedings were had:
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9 Volume 46 of 69
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11 GUILT/INNOCENCE PHASE
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1 APPEARANCES:
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For the State
Mr. Charles PenickDistrict Attorney, Bastrop County
804 Pecan StreetBastrop, Texas 78602SBOT #015748500(512) 321-2244
Mr. Forrest SandersonAssistant District Attorney804 Pecan StreetBastrop, Texas 78602SBOT #17610700(512) 321-2244
Ms. Lisa TannerAssistant Attorney GeneralP. O. Box 12548Austin, Texas 78711-2548SBOT #19637700(512) 463-2170
For the Defendant
Mr. Calvin GarvieAttorney at Law22 N. Bell St., P. O. Box 416Bellville, Texas 77418SBOT#07714300(409) 865-9781
Ms. Lydia Clay-JacksonAttorney at Law700 N. San JacintoConroe, Texas 77301SBOT #04332450(409) 760-2889
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CHRONOLOGICAL INDEX
WITNESS
APPEARANCES
AFTERNOON SESSION
JUDGE'S QUESTIONING OF INVESTIGATOR VASQUEZ
(OUTSIDE PRESENCE OF JURY)
JIMMY LEWIS FENNELL (CONTINUED)
CROSS-EXAMINATION BY MS. CLAY-JACKSON
REDIRECT EXAMINATION BY MR. SANDERSON
RECROSS EXAMINATION BY MS. CLAY-JACKSON
FURTHER REDIRECT EXAMINATION BY MR. SANDERSON
RECESS
L. R. (ROCKY) WARDLOW
DIRECT EXAMINATION BY MS. TANNER
VOIR DIRE EXAMINATION BY MS. CLAY-JACKSON
DIRECT EXAMINATION BY MS. TANNER CONTINUED
A RECESS WAS TAKEN
DIRECT EXAMINATION BY MS. TANNER CONTINUED
VOIR DIRE EXAMINATION BY MS. CLAY-JACKSON
DIRECT EXAMINATION BY MS. TANNER CONTINUED
CROSS-EXAMINATION BY MS. CLAY-JACKSON
PAGE
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RECESS 146
CROSS-EXAMINATION BY MS. CLAY-JACKSON CONTINUED 147
VOIR DIRE EXAMINATION BY MS. TANNER 159
CROSS-EXAMINATION BY MS. CLAY-JACKSON CONTINUED 160
REDIRECT EXAMINATION BY MS. TANNER 183
RECROSS EXAMINATION BY MS. CLAY-JACKSON
(OUTSIDE PRESENCE OF JURY) 195
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COURT ADJOURNED FOR THE DAY
COURT REPORTER'S CERTIFICATE
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2 8-105a 8mall Photo 43/7 97 97 98
3 8-109 Brown Planner 43/7 132 132 133
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approved bills for you to be paid, right?
(Outside the presence of the
jury. )
helping the defense in this case by
interviewing some witnesses, as I understand
it.
(Day 22, Afternoon Session, May 5, 1998; Cause
Number 8701, the State of Texas versus Rodney
Reed. )
Yes,
Yes,
Yes,
John.
I think I've
And your first
Is your name
The prosecution
Sir, you've been
INVESTIGATOR VASQUEZ:
INVESTIGATOR VASQUEZ:
INVESTIGATOR VASQUEZ:
INVESTIGATOR VASQUEZ:
THE COURT:
THE COURT:
THE COURT:
THE COURT:
THE COURT:
Vasquez.
name.
sir.
sir.
sir.
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understand, do you not, sir, that witnesses
have a right to choose whether or not they
want to talk to you?
indicated that there was a complaint, maybe,
about how you've been approaching some of the
witnesses, and I just wanted to make sure that
you're not misrepresenting something to these
prospective witnesses, et cetera.
INVESTIGATOR VASQUEZ: No,
allegation by a witness that Mr. Vasquez
contacted them on numerous occasions after
they -- because they did not want to talk to
him, both in person and by phone, and he
actually indicated to the witness that -
actually this was a witness's mother, that the
witness had warrants out for her arrest and
would be arrested if she wouldn't cooperate
with him.
INVESTIGATOR VASQUEZ: Yes,
You
There was an
I can't remember
Okay.THE COURT:
THE COURT:
the specific allegations.
MS. TANNER:
sir.
sir, I sure do.
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Yes,
Yes,
Yes,
Yes,
Okay, that's as
You understand
I don't want to
And do you make
INVESTIGATOR VASQUEZ:
THE COURT:
INVESTIGATOR VASQUEZ:
THE COURT:
THE COURT:
sir.
THE COURT: Do you want to
cover anything else with this gentleman?
MS. TANNER: I just would
like the witnesses' wishes to be respected,
if they don't want to talk to him, so be it.
·THE COURT: Yes, and you will
agree with that, won't you, sir?
that, don't you?
sir.
sir.
THE COURT:
that known to them?
INVESTIGATOR VASQUEZ:
sir.
know who you've been talking to but I do not
want you to misrepresent any facts, such as
outstanding warrants to a person in order to
get them to talk to you. Okay?
INVESTIGATOR VASQUEZ:
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develop it further if you want to get names in
the record.
THE COURT: Do you want to
tell us who the party was that made the
complaint?
MS. CLAY-JACKSON: Judge, on
the record, we would like to assert that these
allegations are so founded that no names have
been given.
far as I want to go with this. Thank you,
sir. I'm not going to hinder your
investigation other than to say if they don't
want to talk to you, please don't force them
to.
Yes, the mother
I can do that if
Well, we could
MS. TANNER:
MS. TANNER:
THE COURT:
of Jodie Uden.
you want to, it's up the Court.
MS. CLAY-JACKSON: Judge,
what we've been having is a lot of allegations
brought to our attention by the State's
attorneys concerning witnesses, and we've been
asking for names and they won't give them to
us.
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MR. SANDERSON: Judge, there
is something else before the jury comes back.
THE COURT: Okay, go ahead.
MR. SANDERSON: Ona
different subject altogether.
We would like, just verbally, a
motion in limine to prevent defense counsel
from bringing up the fact that the witness
that's about to be cross-examined, at one
point, invoked his right to counsel. We feel
like that's is totally inappropriate. If this
defendant were on trial, that, of course,
would not be something that we could even talk
about, and we don't feel like the defense
should be able to talk about it at this point
MS. CLAY-JACKSON:
have any other questions about it,
comments?
Jodie Uden?
Jodie Uden,
No, Your
Thank you
Do you
or
Okay.
Okay.
THE COURT:
THE COURT:
THE COURT:
MS. TANNER:
Mr. Vasquez.
Honor.
U-D-E-N.
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either.
ready for them.
thank you very much.
Mr. Fennell, please have a
seat back up in the witness stand.
(Whereupon the Jury returned
to the courtroom and the
following proceedings were
had open Court.)
Most
Please be seated,
Do you intend to
THE COURT:
assuredly, Judge; and he's not on trial so
that's why we can ask him.
THE COURT: And I think it's
relevant. I'm going to let the defense ask
those questions.
I believe in broad cross-examination,
and I'm going to allow it.
Are you ready for the jury then?
MR. SANDERSON: Yes, sir.
THE COURT: Okay. We're
THE COURT:
ask him that question?
MS. CLAY-JACKSON:
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1 CROSS EXAMINATION
2 QUESTIONS BY MS. CLAY-JACKSON:
3 Q. Mr. Fennell, my name is Lydia Clay-Jackson,
4 and you and I have not spoken before today,
5 have.we?
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No, ma'am.
Okay. You were informed, though, that the
defense team would liked to have spoken with
you, is that correct?
Yes.
And you chose not to do that?
Yes, ma'am.
All right. For the last three years you have
been a law enforcement officer, is that
correct?
Yes, ma'am.
Law enforcement officers have special training
to become certified, is that correct?
Yes, ma'am.
And you are certified?
Yes, ma'am.
Would you please tell me what training you
have had for your certification as a law
enforcement officer?
Basic peace officers school.
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Yes, ma'am.
Yes, ma'am.
Yes, ma'am.
certification training?
CAPCO.
CAPCO?
And who gives thatHere in Bastrop.
And basic peace officers school is how long?
It varies on when you go, whether it's day or
night class.
How long did you go?
Six months.
Because you went to night school?
And you went through certification training,
did you not, at Georgetown, or where did you
go?
Here in Bastrop.
Okay. So while you were working at the jail
with the Bastrop Sheriff's Department you were
furthering your law enforcement education
going through certification training, is that
correct?
Okay. And you went to night· school because
you were with the Bastrop Sheriff's
Department?
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Yes, ma'am.
What is that an acronym for?
Capital Area Planning Counsel Organization.
And who sponsors that?
It's just a group of counties that sponsor it.
This six-month training that you went to, how
many nights a week would you go?
It varied, on different topics.
On an average, how many nights a week did you
go?
Four.
Four nights a week?
Yes, ma'am.
For how long a period of time each night, on
an average?
Approximately during the whole duration of
school.
How many nights a week?
Four nights.
Four nights a week, and how long a period of
time -- how many hours each night?
From approximately 6:00 p.m. to 10:00 p.m.,
four hours.
So approximately about 16 hours a week you
would be in school?
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Yes, ma'am.
And you did this for six months?
Yes, ma'am.
What are the -- they are some of the basic
courses that you took for investigation,
correct?
Yes, ma'am.
Report writing, is that correct?
Yes, ma'am.
Court presentation?
Yes, ma'am.
The penal code?
Yes, ma'am.
You had to know what the laws were that you
were about to enforce, right?
Yes, ma'am.
Did you have special training on the
intoxilyzer?
No, ma'am.
Have you hadf since you've been a certified
law enforcement officer, have you had special
training in the intoxilyzer?
No, ma'am.
You do know what it is, correct?
Yes, ma'am.
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As a -- did you have special training in crime
scene technique?
No, ma'am.
Have you had an opportunity in your
three years, or rather two and a half years,
as a certified law enforcement officer to
employ some of those techniques?
technique?
We just had basic crime scene, that's it.
And the basic crime scene, were your
instructors certified law enforcement
officers?
Yes, ma'am.
And were they also employed in the various
particular law enforcement agencies, some
sheriff's department, some law enforcement?
Yes, ma'am.
Did you have a course in crime scene
You -- in the course that you took for crime
scene investigation, do you recall who your
instructor was?
No, ma'am, I don't.
Do you recall some of the techniques that -
have you had -- let me back up. Sorry about
that.
'Ok a y .
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No, ma'am.
Yes, ma'am.
approach suspects?
Not that I know of.
Not that you can remember?
Did you have a course on how to
A brief course on how to interview?
No, ma'am.
All right.
correct?
Yes, ma'am.
You had a course concerning interviewing,
No, ma'am.
You didn't have a brief course on how to
interview?
So you have employed some of those
investigative techniques, have you not?
That is correct, yes.
And you've employed some crime scene
techniques, too, have you not?
Very little.
But you have employed them?
So you have never investigated a crime scene
since you've been a patrol officer?
No major crimes, no.
Have you investigated, say, second-degree
felonies and below?
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prosecution, correct?
Yes, ma'am.
Okay. You have had to testify, have you not,
a couple of times since you've been an officer
with the Giddings Police Department, is that
correct?
Just basic traffic court.
Well, that's still -- traffic codes are penal
laws, aren't they?
In several aspects, yes.
In several aspects, okay. Did you have a
course on how to talk with suspects?
Yes.
And as we've said, you had a course on
courtroom presentation?
Yes.
How to present yourself in the courtroom?
Yes, ma'am.
And some of the things they talked about were
the way that you spoke to the jury, right?
Yes.
Okay. And the way that you spoke to defense
attorneys, right?
Yes.
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Okay. And the way that you spoke to the
, I
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No, ma'am, they're just traffic laws.
Just traffic laws, okay. But you did testify?
Yes, ma'am.
And you had a course in offense report
writing, didn't you?
Yes, ma'am.
Okay. And in this course that you took for
offense writing, they talked to you about
detail, did they not?
Yes.
This was a standard course, correct?
Yes, ma'am.
There was nothing particularly different about
your evening courses than, say, someone who is
going through another sheriff's department
academy as a rookie police officer, correct?
No, that's not correct. It could be
different, based on the instructor.
But it is a standard course?
Yes, it's an overview of everything.
Right. And you've had -- do you belong to any
police officer associations?
No, ma'am.
Okay .. Have you ever spoken with fellow police
officers outside of, say, this tri-county
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area?
Yes, ma'am.
training also?
To some extent, yes.
Especially when you were a new officer and you
were meeting other officers in the other
counties you talked about the trials and
tribulations of going to school in other
counties?
Not necessarily.
You didn't talk about how glad you were that
that was over with and you're finally out here
serving?
No.
You didn't talk about that?
No.
Okay. In this course that you took concerning
offense report writing, did you -- do you
recall who your instructor was?
I don't recall.
You do recall, though, that your instructor
talked with you about the importance of the
offense report?
Yes.
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Okay. Did you talk with them about their
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Yes, ma'am.
One had to refer back to those reports to
refresh their memory, isn't that correct?
Or assist fellow officers in the investigation
of whatever the particular incident that
offense report was written for, correct?
Yes, ma'am.
offense report, your instructor informed you
that the more detailed the report the better
the report, isn't that correct?
Yes.
And the more detailed the report, the better
the report, the more able you are to be a help
to people who are trying to find out facts
about the case, isn't that correct?
When you were in class concerning theOkay.
And the reason that the offense report was
important was because it gave you an
understanding of the events close to the time
of the inciderit, isn't that correct?
Yes, ma'am.
And it was also important because sometimes in
criminal investigations one had to refer back
to those reports, isn't that correct?
Yes, ma'am.
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Yes, ma'am.
When did you complete your training at the
academy?
September of 1995.
When you were in this class concerning offense
reports, your instructors talked to you about
the importance of putting detail of time into
your report, isn't that 'correct?
Yes, ma'am.
Because sometimes you can look at an offense
report and it's like a jigsaw puzzle, correct?
Yes.
And each part of this puzzle is very
important, so you'll be able to present the
whole picture to whomever has to -- whether it
be a judge or a jury, isn't that correct?
Yes, ma'am.
And part of this puzzle would be time, the
timeframe everything happened, isn't that
correct?
Yes.
You have -- one of the things that they say
about lawyers is that we have no common sense
because it was taken out of us at law school.
The fact that you were taught about details
I . .
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and time, did you use that in your -- did that
translate into your daily affairs?
Not necessarily.
So you didn't become real aware of what time
was or when something happened?
No, ma'am.
But you were able to do that when you put on
your uniform and got in your patrol car?
Not necessarily.
So that part of the lesson you didn't learn
very well, is that what you're saying?
It just applies to different agencies. Our
agency, they want an approximate time, they
don't want the exact time, because there is no
exact time.
Okay. So given this generality, do they give
you a timeframe that your agency says is an
acceptable generality about time?
Not necessarily.
They don't say if you can get within an hour
or if you can get within two hours or three
hours then it's okay?
They don't regulate it.
They don't regulate it. So some of the things
that you learned at the academy you didn't
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have to transfer over to your daily career as,
a Giddings police officer?
That's correct.
Now, you said you had a course in
investigative techniques, is that correct?
Yes, ma'am.
7 Q. Okay. Do you recall who the instructor was in
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that class?
No, I do not recall.
One of the things they taught you in that
course was to, one, look at the general view
of the scene when you come upon it, is that
correct, when you're investigating an offense?
14 A. I'm not sure. We really didn't touch on that.
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You didn't touch on that? What aspects of
investigation did you-all touch on, officer?
Just basic contact, basic
When you say "contact," what do you mean?
Making contact with suspects, Mirandizing, and
such as that, that just a patrol officer would
deal with.
When you took your basic investigative
technique course, you said that they taught
you about how to make contact with the
suspect?
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Yes, ma'am.
Yes, ma'am.
important rights, correct?
Yes, ma'am.
And how to perform the Miranda, is that
correct?
And they teach you in class they are
Those rights are also given to someone
Just for someone that hasn't been
Okay.
Okay.
Okay.
just suspected of an offense, isn't that
correct?
Yes, ma'am.
And those are important rights, aren't they?
around for the last 25 years, can you tell the
jury what the Miranda warnings are?
Tell them exactly what they are or what they
are supposed to do.
Tell them exactly what they are, sir.
Exactly what they are is they give the rights
to the accused as to they have the right to a
lawyer, they have the right to remain silent
and such.
Now, you don't just give those rights to
people who have been accused, do you?
Not necessarily.
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Yes, ma'am.
And they also teach you that every citizen has
those rights, isn't that correct?
Yes, ma'am.
And when you are suspected of an offense or
you have been accused of an offense that those
rights are verbalized, isn't that right?
Yes.
Since you have been with the Giddings Police
Department, have you had many awards?
No, ma'am.
Have you had any awards?
No, ma'am.
Have you been favorably cited as a good patrol
officer?
No, ma'am.
You stated on direct examination that you felt
as if the officers in Bastrop County were
trying to get you suspended, is that correct?
Yes, ma'am.
What specific things to your knowledge
happened to cause you to come to that
conclusion?
The Chief of Police told me.
And were you ever suspended?
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Excuse me?
Were you ever suspended?
No, ma'am.
At this point in your career with Giddings, do
you have take-home privileges with your
vehicle?
At this point, yes.
At the time in 1996, this time in 1996, you
did not have those privileges, did you?
No, ma'am.
You had a partner, a car partner I would say,
in 1996 by the name of David Hall, is that
correct?
Not necessarily a car partner. He just lived
the closest out of the officers.
So you-all didn't share the car?
Every now and then, but basically we worked
too close a shift to be using the same car,
constantly.
Were you and David Hall friends?
Pretty much, yes.
And are you yet friends?
Yes.
Okay. Were you informed by your Chief of
Police as to what you were supposed to be
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suspended for?
No, ma'am, I was not.
Were you informed -- what steps did you take
after you were informed that Bastrop was
looking to have you suspended?
I didn't take any.
You didn't contact the police chief in Bastrop
or the sheriff's office?
No, ma'am.
Even though you worked for the sheriff's
department, you didn't contact the sheriff?
No, ma'am. He would have nothing to do with
it.
You didn't contact the chief of police in
Bastrop?
No, ma'am.
Is there a procedure in the Giddings Police
Department, Officer, whereby a citizen who
feels wronged by an officer can complain?
Yes, ma'am.
Do you know if there is a corresponding
procedure in the Bastrop Police Department?
As far as I know, there is in every
department.
Okay. Did you not feel that having somebody
31
Yes, ma'am.
And when was this supposed to have happened?
were trying to get you suspended?
He advised me shortly after Mr. Reed was
arrested.
So that would have been sometime in March of
1997?
try to get you suspended was a wrong to you?
Not necessarily.
So you didn't think it was that important to
contact the police chief?
Well, the police chief would not have anything
to do with it, actually.
And you didn't think it was important to .
contact the sheriff's department?
The sheriff's department didn't have anything
to do with it either.
You were saying there were officers that were
trying to get you suspended?
The Texas Rangers.
Did you contact anyone
The chief never advised me.
When did the chief advise you that theyOkay.
No, ma'am.
I'm not sure.
The Texas Rangers.
else?
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You said that your relationship with Stacey
was good?
Yes.
You would not in any description call it a
controlling relationship would you?
No, ma'am.
You would call it an equal partnership, is
that right?
Y,es, ma'am.
And you had an open relationship, is that
right?
Yes, ma'am.
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And you understood that from her recounting of
her position, is that right?
And the people that she worked with.
She supervised how many people in this
managerial position?
I'm not sure.
Do you know whether or not she did supervise
people in this position?
I'm not sure.
Did you and Stacey do a lot of things with her
fellow HEB employees?
No, ma'am.
Did you-a~l do a couple of things with her HEB
fellow employees?
No, ma'am.
Was there any socializing whatsoever with
fellow HEB employees?
Only at church functions.
Did you-all continue going to church in
Bastrop, or did you start going to church in
Giddings?
Giddings.
And there were Bastrop HEB employees who lived
in Giddings?
No, Smithville.
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Smithville?
Yes.
Okay. We've got a triangle here now. You-all
went to church in Giddings, is that correct?
Yes.
And you're saying that the times you
socialized with the HEB employees was when
you-all were going to church in Smithville?
Yes -- no, correction. We were going to
church in Bastrop, and they were going in
Smithville. The churches got together a lot.
Okay. And do you recall the names of the HEB
employees that you-all socialized with in the
church?
No, ma'am, I do not.
Have you kept in contact with any of these
people?
No.
'You gave Stacey her engagement ring you said
either in December or January, is that
correct?
No, ma'am, that's when I asked her. I gave it
to her after that, sometime after that.
Do you remember when it was?
No, ma'am, I sure don't.
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3
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When you bought the engagement ring, Officer,
did you buy the full engagement ring wedding
set or did you just buy the engagement ring?
The full set.
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The full set.
that correct?
Yes, ma'am.
And you still have that se~, is
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When -- and you said that she would not wear
those rings to work, is that right?
Yes, the rings she would not wear to work,
correct.
So when you gave a description to Ranger
Wardlow concerning what she may have been
wearing, what she would have had with her,
when you put engagement ring in there, it was
just absent-mindedness, is that correct?
That's correct.
And you did give Ranger Wardlow a description
of what you thought she would have with her,
right? What she would be wearing?
No, ma'am, I don't think it was Ranger Wardlow
that I did it.
Who do you think it was?
I believe it was Chief Duncan.
You spoke to a lot of officers, didn't you?
36
Yes, ma'am.
Yes, ma'am.
Yes, ma'am.
And you did that willingly?
And that was Officer Ed Selmala,Two of them.
is that correct?
No, ma'am, that is Bastrop Police Department.
It would be Investigator Barton, is that
And you spoke with a law enforcement officer
from the Bastrop Sheriff's Department, isn't
that correct?
Two.
And that was Rocky Wardlow, is that right?
And you spoke with at least -- well, let's
talk about which officers you talked with.
You spoke with a representative, a law
enforcement representative, of the Texas
Rangers, is that correct?
Yes, ma'am.
And you volunteered to go in and give a blood
and hair and saliva sample, did you not?
Yes, ma'am.
Yes, ma'am.
And, in fact, on April the 25th, you received
a Miranda warning, didn't you?
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correct?
Yes, ma'am.
Okay. And you spoke with Detective Board, is
that right?
That's the Bastrop Police Department.
And you did speak with Officer Selmala,
correct?
Yes.
Okay. You spoke with a lieutenant in the
Department of Public Safety, correct?
No.
You didn't speak to a Lieutenant Moore with
the Department of Public Safety?
Lieutenant?
Moore?
This would have been probably in December of
1996?
I don't recall a Lieutenant Moore.
Did you speak with a law enforcement officer
by the name of Pat Carmack?
Not that I know of.
Back in October of '96?
Not that I recall.
Getting back to the fact that you were and
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No, ma'am. Not that I recall.
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still are a trained police officer, you didn't
make a written notation of the events of April
22nd, 23rd, and 24th, did you? Just for your
own purposes, did you?
No, ma'am.
And, in fact, you didn't make a written
statement in this particular case at all, did
you?
No, ma'am.
You weren't asked to make a statement, were
you?
Just verbal.
A verbal statement?
Yes, ma'am.
But nothing reduced to writing and then
signed?
No.
Were you asked -- were you ever able to talk
with the officers -- let me back up.
How many times did you contact ~- let
me back up again.
Who did you think was the lead
investigator or lead officer in your fiancee's
death?
The one that handled most of the stuff or
39
the lead police officer was in this case?
Yes, ma'am.
talked to us most of the time was Lieutenant
Campos.
And as a trained police officer, would you
then assume that he was the lead officer in
this particular case?
Not necessarily.
officer?
The highest ranking official, the Texas
Ranger.
Okay .. Was there ever an occasion, Officer,
when you contacted Ranger Wardlow to ask him
about the progress in this case?
Yes, ma'am, several times.
And were you given information about the
progress in this case?
Not necessarily.
Were you given any information?
Not necessarily.
When you say "not necessarily," does that mean
that you were or you were not given
information about this case?
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Okay.
Okay.
Did you make any assumption as to who
And who did you assume to be the lead
40
No, ma'am.
No, ma'am.
You don't recall him ever trying to get in
touch with you?
When did you try to get in touch with that
investigator?
I never did.
Was -- did you contact Lieutenant Campos
private investigator's name?
No, ma'am, I sure don't.
Do you recall that private investigator trying
to get in touch with you?
You contacted -- and do you recall thatOkay.
They didn't give me any information besides
who they needed to contact or question.
So they were telling you who they were going
to contact and question?
Yes.
So they gave you some information?
Yes.
Were you also aware -- you were also aware
that Crystal, Stacey's sister, had retained
the services of a private investigator in this
case, were you not?
Yes.
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41
concerning the investigation of your fiancee's
death?
Yes, ma'am.
On numerous occasions?
Yes, ma'am.
And did he give you information?
No, ma'am.
He gave you no information whatsoever?
No information at all.
Did you contact Lieutenant Barton or Board?
Sergeant Barton or Board?
Right.
I didn't contact Sergeant Board but Sergeant
Barton, yes, I contacted him a couple of
times.
And did they give you information -- did he
give you information?
Basically, Barton was usually the one that
asked me the questions to some other stuff
that might be going on, if I knew of anybody
else.
Are you saying stuff that might have been
going on in connection with this
investigation?
Yes, if I had enemies or such.
42
No, ma'am.
When did you' work with them?
I don't recall, ma'am.
Were you a teenager when you worked with them?
And did you have any enemies?
Not that I know of.
Prior to working with the Bastrop Sheriff's
Department, where did you work?
Numerous places.
Prior to working with the Bastrop Sheriff's
Department, sir, where did you work?
Where did I work prior to?
Yes.
I worked for Westland Retirement Home in
Georgetown.
And what did you do with them?
Maintenance.
And before the retirement home?
I worked security.
With what company?
The Probe Security Company out of Houston.
Say it again, please?
Probe Security out of Houston.
How long did you work with them?
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I'm not sure. I don't recall.
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Were you in your early 20s when you worked for
them?
I was around 21, yes.
What year were you 21?
That would have to have been in early '94,
somewhere in there.
Prior to Probe Security, where did you work?
Another security company in Houston.
Do you recall the name of that security
company?
Greater Houston.
Greater Houston Security Company?
Yes, ma'am.
Now, were these security positions on site
premises or was it patrol or what type of -
On site premises.
Were they for buildings or were they for
office buildings or were they for apartment
complexes?
Mostly shopping centers.
Shopping centers. And was this nighttime
security
Yes, ma'am.
-- Or daytime security?
Nighttime.
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Nighttime security.
You grew up in Plainview, is that
right?
No, ma'am.
Where. did you grow up?
Georgetown.
And you graduated from Georgetown?
Yes, ma'am.
Did you play football?
No, ma'am.
Did you play any sports?
Baseball.
Baseball.
When -- what caused you to decide to
go into law enforcement in Bastrop?
I had some friends that worked there, and I
had been interested in law enforcement all my
life.
Which friends introduced you to the Bastrop
Sheriff's Department?
I don't recall the last names. It was two
gentlemen that I had worked with prior.
And these were friends of yours?
Yes.
But you can't remember what their names are?
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It's been a long time since I've talked to
them.
And you started there three years ago? You
have been in law enforcement for three years?
No, ma'am, longer than three years.
How long have you been a law enforcement
officer?
I have been a police officer for almost three
years. I was in law enforcement prior -- I
was in Bastrop County prior to having my peace
officer's license.
So the two and a half years that you've been
with Giddings and the six months that you were
with Bastrop, you were with Bastrop before
then. Is that what you're saying?
Yes, ma'am.
Okay. How much longer?
Approximately six more months.
Three and a half years you have been in law
enforcement?
Yes.
In your close relationship with Stacey, during
the period of time that you-all were together
you gave her gifts, did you not?
Yes.
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You gave her gifts at birthdays and Christmas
and special occasions?
Yes.
Valentine?
Yes.
Do you recall what her favorite perfume was?
No, ma'am, I don't.
Did she wear perfume everyday?
No, ma'am.
Did she wear it to go to work?
Sometimes she did.
And as a law enforcement officer who was in
love with a 19-year-old and who had to drive
back and -- this 19-year-old had to drive back
and forth from Giddings to Bastrop, you took
it upon yourself to instruct her in safety
techriiques, did you not?
Yes, ma'am.
19 Q. Okay. And those were driving safety
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25
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techniques, correct?
Yes, ma'am.
And one of the things that you instructed her
to do was to not leave the car if the car
should break down, isn't that correct?
Yes, ma'am.
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The other thing -- what other types ~f things
did you instruct her on as far as her safety?
Locking the doors, not to s~op in dark areas
and such.
And to the best of your knowledge she followed
your instructions?
Yes, ma'am.
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48
No, ma'am.
And it's your testimony that you rarely ever
drove the Tempo, is that right?
That's correct.\
And when you drove the Tempo, you used Mrs.
Stites's key, is that right?
Yes, ma'am.
You wouldn't use Stacey's keys?
No, ma'am.
Do you know whether or not HEB has name tags
for their employees?
Yes, ma'am, they do.
And do you know how many name tags they issue
to the individual parties?
They do~'t necessarily issue them, the
employee has to pay for them.
And how much were they?
I don't recall.
Do you recall how many name tags Stacey had?
I know at least two.
And where would she generally have these name
tags?
On her red work shirt.
She kept them on her work shirt?
She kept one there, and I don't know where she
1
49
kept the other one.
2 Q. All right. During the year that you and
r -
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Stacey were going together and engaged, did
you ever quarrel?
We argued, just like anybody.
And sometimes did those arguments ever become
public?
No.
So they were never public arguments?
No, ma'am.
Do you recall how many wedding dates, the
dates for the wedding, that you and Stacey
set?
I believe two.
One was in March and the other was in May, is
that right?
Yes, ma'am.
What was the reason of postponing the March
date?
While getting ready for the wedding we found
out that we didn't have enough time to prepare
everything for the wedding that we wanted.
So an extra two months would give you that
time?
Yes, ma'am.
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And when Stacey started working at HEB, do you
recall whether or not there was a conversation
concerning HEB's need to have, in case of an
emergency, a contact number?
Not that I know of.
Would you assume that Stacey would have given,
if there was that type of situation where HEB
needed in case of an emergency a contact
number, would you assume because of your close
relationship that you and Stacey had that she
would give your number as the person to
contact or her mother's?
No, ma'am.
You would assume she would give her mother's?
Yes, ma'am.
16 Q. Okay. And why is that?
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Because at the time she began working there, I
lived in Lake Bastrop Acres and they lived in
Bastrop.
Wasn't there a time that you moved in with
Stacey and her mother in Bastrop before you
moved there?
It was a couple of weeks before I moved.
So you stayed with them for a couple of weeks
before you moved to Giddings?
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Yes, ma'am.
There were only two sets of keys to your
truck, is that correct?
Yes, ma'am, that's correct.
And that was the set that you had that you
kept with you and the set that Stacey kept
with her, is that right?
Yes, ma'am.
As a certified police officer, is it a policy
it is a policy, as a matter of fact, of
the Giddings Police Department to have stun
guns, is that correct?
Excuse me?
The Giddings Police Department has stun guns,
do they not?
No, ma'am.
They don't have stun guns?
No, ma'am.
Okay. On the evening of the 22nd, when you
returned from work, actually it was afternoon,
you gave Ms. Stites back her car keys, is that
right?
I don't recall having her keys.
You don't recall having them.
You were scheduled -- were you
52
Yes, ma'am.
Yes, ma'am.
And are the contents in these pictures
(Defendant's Exhibits Nos. 2,
3, 4, 5, and 6 were marked
for identification purposes.)
look at these, please?
(Witness complies.)
Do you recognize these?
Yes, ma'am.
Do you recognize them to be the inside of a
vehicle?
I'm showing you Defense
Will you take a close
(BY MS. CLAY-JACKSON)
Exhibits 2 through 5.
scheduled for court testimony or a court
appearance on April the 23rd?
No.
Stacey had a clutch purse with her that she
kept her driver's license in, did she not?
Yes, ma'am.
And she took that with her when she was in the
truck because she was driving and she needed
her driver's license, correct?
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53
familiar to you?
Yes, ma'am.
Personally familiar to you?
Do you mean all the contents of the picture
inside there?
Correct.
Yes. It basically all looks familiar.
Did you have an athletic bag that you kept
your baseball equipment in?
No.
How did you maintain your baseball equipment?
The team equipment?
Your personal equipment, I guess it would be?
I just left it lying about.
Your personal equipment would be a glove, is
that right?
Yes.
Did you have a mask?
Yes, ma'am, I believe I did.
A catcher's mask?
Yes, ma'am.
What other baseball equipment did you have?
I don't recall.
Do you not play baseball any longer?
I still coach every now and then, yes.
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54
When did you cease coaching -- I mean, when
did you cease playing baseball?
Cease playing baseball?
Yes, sir.
Right after I got out of college.
I'm sorry, I really didn't make myself clear.
In your position as a coach, you did have your
own catcher's mask, is that right?
It was actually just an umpire mask.
Umpire mask?
Yes.
And you had your glove?
Yes.
Do you still have your glove?
Yes, I do.
Do you still play sometimes with that glove?
Yes.
Do you still use the umpire mask?
No.
What happened to the umpire mask?
I gave it to the league.
Was it part -- when did you give it to the
league?
Last year.
I show you Defense Exhibit 6. Do you
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recognize this?
Yes.
Is it something you have personal knowledge
of?
Yes, ma'am.
Okay. Would it be correct to say, Officer,
that you kept a lot of your baseball equipment
in a plastic bag?
Yes, it was just a plastic bag.
A blue and green plastic -- blue and yellow
plastic bag?
Yes, ma'am.
And there were other things in that plastic
bag, too, were there not?
I don't recall what all was in there.
Okay. But you would keep your mask in that
plastic bag, correct?
Yes.
But generally your glove would be kept behind
your seat in the car, is that right?
Just wherever I put it that day.
Do you know a Pat Duncan, Officer?
The name does not ring a bell.
So you don't know who she is, is that correct?
I don't recall that name.
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Okay. You never remember Stacey telling you
about David Lawhon, is that right?
That's correct.
And not necessarily that she didn't, you just
don't remember her telling you, is that right?
That's correct.
Did officers from the Bastrop Sheriff's
Departm~nt or the Bastrop City Police
Department or the Texas Rangers ever ask to
search your apartment?
No, ma'am.
To whom did you sell the truck to on -- the
truck was released to you -- your pickup was
released to you on the 29th of April. Who did
you sell it to?
It went straight to the dealership from the
DPS.
And that went back to Covert, is that who it
went back to?
No, it went back to Bob Gold Chevrolet.
One more time?
Bob Gold Chevrolet.
Was it on a trade-in?
Yes, I used it on a trade-in.
Okay. And not being from this area, Bob Gold
Giddings.
Giddings. Okay. So the last time you saw
that truck was on the 23rd of April, is that
right?
Yes, ma'am, that's correct.
So you didn't pick it up from DPS and drive it
to Bob Gold?
No.
When were the contents of the truck released
to you, Officer?
I'm not sure.
Were they released to you before or after the
truck was released?
If I recall, probably, I believe, after the
truck was released.
And what did you get from the contents of the
truck? Did you get everything that you wanted
from it?
As in --
All the personal effects that you perhaps
wanted, because your baseball glove was in the
truck, was it not?
Yes.
And you catcher's mitt was in the truck, was
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is in Austin? Or where is it?
57
effects like that that you wanted?
That I know of.
When you were asked to go to the wrecker yard
where the truck was temporarily being stored
while processed to DPS, do you recall opening
giving the keys to the officer and having
the officer open the doors?
remember if he opened the door or not.
Do you recall -- so then you don't recall
physically looking into the car with the doors
open -- the truck with the doors open?
I take that back, he had to open the driver's
side door.
It was just the driver's side door that you
recall being opened?
That I recall.
That you recall?
Yes, ma'am.
You're not saying that was the only door that
was opened, you're just saying that is all you
recall?
Did you get all the
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it not?
Yes.
Effects like that.
I gave the keys to the officer. I don't
58
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59
Yes, ma'am, that's correct.
Do you recall the officer doing anything
within the truck to aid you in looking and
observing what was going on in the truck?
No, ma'am, no one ever passed the door.
One more time, I'm sorry.
No one ever passed the door.
No one ever passed the door?
No, ma'am.
When you say no one ever passed the door -
oh, you mean no one ever got into the truck?
Yes, ma'am, that's correct.
Do you recall in this particular model truck,
there is a console, is there not?
Correct.
And there is a console that has a top that
goes on it, isn't that right?
Yes, ma'am.
And you have to release that top with a latch
inside the truck, is that right?
Yes.
Do you recall looking inside that console?
No, ma'am, I don't recall looking inside.
Do you recall ever telling somebody that you
were banned from Bastrop?
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60
No, ma'am.
You don't recall that?
No, ma'am.
Is it possible that you may have said that,
though?
No.
No?
Not that I know of.
You had specific reasons as to why you did not
contact the private investigator that Stacey's
sister hired, did you not?
I had no specific reason, no.
You weren't interested in what he was
developing?
Crystal kept me informed on everything.
And how often did you talk to Crystal?
Quite often.
Once a week at least?
Yes.
Was there a period of time when you gave
Crystal instructions as to what to do as far
as having the private investigator investigate
certain people?
Not that I know of.
Specifically, was there a law enforcement
61
been no more than five minutes?
A lot less than that.
officer that you told Crystal that her private
investigator needed to investigate?
Not that I remember.
When you saw the truck at the wrecker yard,
did you assume foul play?
I assumed foul play before that.
Before that?
Yes, ma'am.
You said that when you were -- when Stacey's
mother called you that morning to inform you
that Stacey had not made it to work yet, you
walked out of your house putting on your
clothes, is that correct, putting on your
shirt?
Yes, ma'am, that is correct.
But your shoes and socks were already on?
Yes.
But do you have an estimate, Officer, about
how long it took you to get partially clothed
and get to the door from the time Stacey's mom
called you?
No, ma'am, I don't have an estimate.
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Okay. Would you think it would have probably
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62
A lot less than that. And the reason that you
said you went to the Bastrop Sheriff's
Department was because you used to work with
them and you knew the people there at the
Bastrop Sheriff's Department, right?
That is correct.
Versus going to Bastrop City where you had not
worked and people you didn't know, correct?
Correct.
Your checkbook -- was your checkbook returned
to you?
No, ma'am.
That checkbook has never been found, is that
right?
That's correct.
And, again, there was no search warrant, or
request to search your home, was there, made
by any law enfocement agency?
No.
And you were only at the wrecking yard for
about fifteen minutes?
I don't even know if I was there that long.
Did you leave the keys to the truck with the
With the investigator.
63
When did these interviews
Who instructed you to
So you've never seen
He just advised me to
Ranger Wardlow.
become abusive?
Abusive as in language?
Correct.
From day one.
And when did you suspect they were playing
what you termed to be bad cop/good cop?
Basically all the time.
No, he was at the PD.
home and stay at home.
stay at home?
Basically, Chief Duncan.
So he was at the wrecker yard with you-all?
those -- you took your house keys, though, you
just took those keys off and gave it to them?
I just took the one key off.
You said you were instructed to return back to
go ahead and go home and wait.
And did you wait upstairs in your apartment or
did you wait downstairs?
Downstairs.
Let's talk a little bit about the interview
the interviews that you said you had with
Lieutenant Campos and Sergeant Barton and
With the investigator?1 Q.
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64
. .
As I recall, Barton, Sergeant Barton.
Even when you voluntarily gave samples of your
blood, and your hair and your saliva, they
were doing the bad cop/good cop thing?
To some extent, yes.
When you say "to some extent," what do you
mean?
They wouldn't do it all the time.
Would you give the jury an example of a time
when they were playing -- when you thought
they were playing good cop/bad cop?
For instance, the day after they would ask
sexually-oriented questions, one officer would
get rude and obnoxious and start yelling and
everything and the other officer would calm
him down and take him outside and everything.
Then they would come back in the room and then
the other officer that calmed him down would
want me to speak to him so that it put me on
the side of him for him to be more
understanding and everything, and that's how
they worked it.
And you remember that incident, don't you?
I remember every incident, yes.
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Okay. Which officer played the good cop?
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65
And which officer played the bad cop?
Lieutenant Campos.
When these two gentlemen interviewed you, did
they always do that? Did they always assume
did Sergeant Barton always assume the good
cop role and Sergeant Campos the bad cop?
No.
They switched off?
Yes, ma'am.
And you remember other occasions, correct?
Other than this particular time when there was
a sexual orientation towards the conversation,
what other time was there?
There was another time when they called me in
for a second time for questioning about some
stuff, you know, like some yearbooks and stuff
like that, or if she knew so and so.
And they would ask you to come down to the
police station and talk to them about it?
Yes, ma'am.
They never came over to your home and talked
with you about it or anything?
No, ma'am.
And during this yearbook incident, who played
the good cop and who played the bad cop?
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66
I believe it was reversed at that time.
What role was Lieutenant Campos playing as the
good cop? What was he playing?
He was just being more sympathetic towards
everything.
Did you ever call them on it, Officer?
No, ma'am.
But you knew what was going on all the time?
Sometimes it was hard to understand what was
going on.
Why was that?
The emotions.
Would you describe yourself as an emotional
person?
Sometimes.
At sometimes? Did Ranger Wardlow ever
participate in these instance that you
describe as good cop/bad cop?
Not that I recall.
It was just Sergeant Barton and Lieutenant
Campos?
Yes.
You said there was a lot of yelling going on
in these confrontations sometimes?
Yes.
67
Yes, ma'am.
Yes, ma'am.
With just a desk and file cabinet and a couple
of chairs?
Were you in an interrogation room or were you
in one of their offices?
Office.
So they didn't take you to anIn an office?
interrogation room, did they?
I don't believe at the time that they had an
interrogation room. It was open.
And these were the offices without the
windows, is that right?
Were there any other techniques, investigative
techniques that you realized were being used
on you?
Not necessarily. That was the only one I
could pick up on besides the emotion role.
The emotion role?
Yes, where they get my emotions real high and
try to drop them down re~l low again, try to
like -- they try to crack somebody or try to
get them to go ahead and confess or something
like that.
And how -- describe to the jury what an
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68
emotional role is?
They will get you all excited and everything
and start getting you pumped up and everything
and then they'll drop down and ask you a quick
question, "Just go ahead and tell us."
Something of that sort. A person that's not
thinking will go ahead and -- or a person
that's not consciously thinking about it will
go ahead and pop off with something that will
lead them to a suspicion that something really
did occur.
And what kinds of things did you detect that
they were trying to bring your emotions up on?
What kinds of things did they use?
Just the whole incident itself, or blaming me
or such.
They just flat came on out and blamed you for
it?
Yes, ma'am~
They blamed you or they accused you? Which
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69
say that we ~nderstand what's going on, go
ahead and tell us, we can get you first-degree
instead of capital. Such as that.
Q. Now, in your career as a law enforcement
officer, have you seen this technique used on
other people who have been accus~d or
suspected of offenses?
A. I have since then, yes.
Q. And have you ever participated in any of those
this technique?
A. Yes, ma'am.
Q. And it's your testimony that you don't recall
ever speaking with a Lieutenant Moore or a law
enforcement agent by the name of Carmack, is
that right?
A. That's correct.
MS. CLAY-JACKSON:
witness.
REDIRECT EXAMINATION
QUESTIONS BY MR. SANDERSON:
Pass the
Q. Jimmy, just a few questions. Are you sure,
with regard to your checkbook, that it was in
the truck that night, or might you have lost
it somewhere else?
70
Carol?
A. Yes.
checkbook?
Q. And was convicted of that murder?
But you're aware of the prior
Do you know who David Lawhon is?
stuff, the prior publicity, right?
All right.
Lawhon.
Q. Was there any other things that you can recall
missing from the pickup truck beside your
A. Very close.
that have been something you would remember?
observations, was Stacey and her mother,
the fact that she knew David Lawhon, would
publicity?
county.
That's where it stayed.
Q. How close, in your opinion, from your
A. Most likely, yes.
A. Yes, sir.
Q. Now, had your fiancee, Stacey, have mentioned
Q.
A. That he committed a murder here in Bastrop
A. Other than publicity on prior stuff, no, sir.
Q. And what are you aware of through the
Q. You were asked repeatedly about a David
A. Yes, sir, I'm positive it was in my truck.1
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That's all I can recall.
with regard -- let me back up and ask it
3 another way. What was Stacey's habit when
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going to work about where she would put her
red HEB shirt?
6 A. It just depends. If she was running late or
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something, she might not have put it on, but,
you know, usually -- usually she didn't put it
on because it would be hot going up there, and
when she got there she would put it on.
11 Q. Okay. And if she didn't put it on but carried
; .,
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it with her, do you know where in the cab of
the truck she would put it?
No, sir.
You were asked a lot of questions about your
studies in the academy, and you understand
what an offense report is from your studies in
the academy, is that right?
Yes, sir.
Have you ever had occasion to write an offense
report since you've been working as a patrol
officer?
Yes, sir, numerous times.
Did anybody at the academy ever teach you that
if you were a suspect in a crime that you're
72
MS. CLAY-JACKSON:
Objection, Your Honor.
supposed to write an offense report?
No, sir.
It sounds kind of silly, doesn't it?
Yes, sir.
approximately, have you testified in court?
I would say at least a hundred or so.
And you've talked about traffic court?
Yes, sir, traffic court only.
Who is the judge of the traffic court that you
testified in?
A municipal judge.
Is that person a lawyer?
No, sir.
Does that person sit up on a big bench?
Yes, sir.
Is it normally the case that there is a jury
of twelve people hearing --
No, sir.
What are those cases like?
It's just the officer, the defendant, the city
attorney and the judge, municipal judge.
THE COURT: Go ahead.
How many times,(BY MR. SANDERSON)
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You may answer it, sir.
The emotions were -- I still knew as a police
officer what th~y were doing, but the
And by municipal cases, are you talking about
speeding?
Yes, sir.
And how long, approximately, would you be on
the witness stand testifying in a speeding
case?
Five to ten minutes.
And that happens real frequently, does it not?
Here recently it hasn't.
Whenever you were being interrogated by Rocky
Wardlow or by John Barton or by Lieutenant
Campos, given the fact that you were still in
the grieving process, how did it make you
feel?
It's overruled.
MS. CLAY-JACKSON:
I didn't understand the question.
I'm sorry,
I said,
THE COURT:
MR. SANDERSON:
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It was really hard, you know, to' think that
someone would actually think that I did it
when I didn't, and so forth.
Q. Jimmy, what has been the hardest thing for
you? Losing Stacey --
to object to the State's attorney going into
the area as to how Mr. Fennell feels, as one,
it violates a motion in limine, for one; and,
two, it's not relevant to the issues and the
facts of this particular case, the way he felt
about this.
Jimmy, you were asked about
(Whereupon a brief discussion
was held off the record.)
Thank
I'm going
Objection,
it was hard.
I'm going to
Yes, ma'am.
MS. CLAY-JACKSON:
THE COURT:
MS. CLAY-JACKSON:
THE COURT:
Judge, may we approach?
sustain the relevancy objection.
MS. CLAY-JACKSON:
you, Your Honor.
(BY MR. FENNELL)
Your Honor.
emotions, you know, were like
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MS. CLAY-JACKSON: No
further questions of this witness.
THE COURT: Sir, you may step
No, sir.
If you needed to drive her car, if you had
some occasion and your truck wasn't available,
would you have had to go to her to get those
keys?
Yes.
whether or not you had given back Carol's keys
on the afternoon or late evening -- I'm sorry,
late afternoon or early evening of the 22nd of
April, 1996?
Yes.
Did you ever have Carol's keys at that point
in time?
I don't think I could have, because Carol
would have them to drive her car somewhere if
she had an emergency of some sort.
Do you recall needing her keys on that day?
No, sir.
Do you recall having driven her car on that
date?
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the witness.
MR. SANDERSON: I'll pass
76
with regard to --' if you know -- with regard
to whether or not she would take her purse
with her credit cards and that sort of thing
with her to work?
I don't think she ever carried a purse. She
just had a little wallet thing with the
driver's license and such in it.
Yes.
Would it have anything else in it that you're
aware of?
Could have numerous things in it.
In terms of size of this object, how big is
it ?-
Approximately about that long, and about that
in width (indicating).
And do you know what she would do with it when
Would that have cash in it?
Just one
What was Stacey's habit,
In other words, would she
MR. SANDERSON:
she got to work?
lock it up?
All right.
Yes.
Would it have credit cards in it?
moment.
(BY MR. SANDERSON)
down.1
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\ ,.77
FURTHER REDIRECT EXAMINATION
QUESTIONS BY MR. SANDERSON:
RECROSS EXAMINATION.
QUESTIONS BY MS. CLAY-JACKSON:
Q. Officer, what you just described, do people
generally call those things organizers?
A. I guess that's what they call them. I usually
call them just like a wallet of some sort.
Q. Did it have pages to write on?
And did you ever open it up to see what all
was inside?
Not necessarily.
MR. SANDERSON:
Nothing
Pass the
Pass the
Pass the
MS. CLAY-JACKSON:
All right.
MR. SANDERSON:
MS. CLAY-JACKSON:
Okay.
witness.
witness.
No, ma'am.
A.
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A.
A. It was would stay in the truck.
Q. Okay.
witness.
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Sergeant Wardlow.
THE COURT: Let me swear you
in before you testify, then please be seated.
(At this time a recess was
taken. )
(Whereupon the witness was
excused from the stand.)
The State calls
Let's take a
That will be all,
MS. TANNER:
(Whereupon the Jury returned
to the courtroom and the
following proceedings were
had open Court.)
THE COURT: Please be
Thank you very much.
Your next witness?
THE COURT:
break, about ten minutes.
seated.
further.
THE COURT:
sir, you may step down.
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that microphone down so we can all hear you,
L. R. (ROCKY) WARDLOW, 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:
Q. Would you state your name for the jury,
please, sir.
A. L. R. Wardlow.
court reporter, will you spell your last name?
A. W-A-R-D-L-O-W.
Q. And are you a resident of Bastrop County?
A. Yes, ma'am.
Q. And how are you employed?
A. With the Texas Rangers.
Q. And the Texas Ranger is a portion of what?
A. The Department of Public Safety.
Q. How long have you been employed by the
Department of Public Safety?
A. Eighteen years.
Q. And how long have you been a Texas Ranger?
And will you pull
And for the benefit of the
THE COURT:
Go ahead.
(BY MS. TANNER)
sir.
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80
Approximately six years.
And how does -- well, let me back up and ask
you this. Where are you stationed as a
Ranger?
In Bastrop.
Do you cover all of Bastrop County or
additional counties?
Additional counties.
What counties do you also cover?
I'm primarily responsible for Bastrop and Lee
County at the present time.
And how does one become a Ranger?
A minimum requirement is eight years in law
enforcement and the last two years have to be
with DPS.
And you indicated that you had been with DPS
for 18 years?
Yes, that's correct.
Were you in law enforcement before you went to
work for DPS?
No, ma'am.
And before you became a Ranger, what did you
do with DPS?
I was a highway patrol sergeant, or
supervisor.
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81
And where were you stationed in that regard?
In Bastrop.
Has your entire time with the Department of
Public Safety been in Bastrop or elsewhere?
Elsewhere.
Where else?
I was originally stationed in Shamrock, Texas,
and then I was transferred to Granbury and
promoted to highway patrol sergeant and went
to Corpus Christi and then transferred here.
And can you tell the jury your educational
background and training in law enforcement?
I studied in college some law classes and, of
course, we have a basic recruit school.
Throughout the 18 years I've been to numerous
schools dealing with all aspects of law
enforcement.
Okay. And, generally speaking, what is the
duty of a Ranger in a particular county?
We do criminal investigation.
And what jurisdiction do you have over
criminal investigations in the county?
We have a state-wide jurisdiction.
And how do you get involved, or does any
Ranger get involved in any particular
82
I'm sorry, you can answer the
MS. CLAY-JACKSON:
Objection, Your Honor, leading.
investigation?
Well, primarily we're called upon by the local
police departments or sheriff's office in
Occasionally
I'll overruleTHE COURT:
Were you involved in the investigation in the
murder of Stacey Stites?
Yes, ma'am.
And which agencies were involved in that
particular investigation?
The Bastrop Police Department and Sheriff's
office.
it.
(BY MS. TANNER)
question.
Yes, we handle sensitive investigations.
serious felony investigations.
we're assigned investigations from the Colonel
or Senior Ranger Captain.
Do you do a lot of investigation of public
officials and law enforcement officials that
would be a little too much of a conflict of
interest for local law enforcement?
Yes.
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83
Why were both agencies involved instead of
just one of them?
Initially the vehicle had been found in the
City of Bastrop. The Bastrop Police
Department initiated the investigation of a
missing person. Later the body was discovered
outside the city in the county, which is in
the sheriff's jurisdiction.
And how did you get involved in that
particular investigation?
The police department originally called me
that morning and asked for our assistance.
Is it common for the Rangers to be involved in
a multi-jurisdictional case like this?
Yes.
And when you are involved in a
multi-jurisdictional case, can you tell us
whether or not the Rangers kind of run
interference between the different agencies?
We essentially coordinate the effort between
the various agencies that may be involved.
Okay. Now, you indicated you were called by
the Bastrop Police Department in this
particular case?
Yes, ma'am.
84
subsequently, after the body was discovered,
Yes, ma'am.
And at the time you initially became involved
in the case, was the young lady, Stacey
Stites, was she already known to be deceased
or was she only missing?
She was missing at that time.
And at the time -- do you recall about what
time it was that you were called?
It seemed like it was around eight o'clock or
8:30 when I initially was contacted.
8:00 a.m. or p.m.?
A.m.
And was that on April 23rd of 1996?
called in?
To assist in the investigation to find her.
Did you or other officers you were working
with call in another aspect of the Department
of Public Safety?
Yes, ma'am, I eventually did.
And which part of DPS did you call?
Initially I called the aircraft section to
assist with searching the area by air,
And,
And do you know why it is that you were
specifically, one of our helicopters.
Okay.
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85
we contacted our crime lab.
And where is the crime lab located that you
contacted?
It's in Austin.
And why did you contact the crime lab as
opposed to having local law enforcement handle
the processing of the scene and that sort of
thing?
Because of the difference in where the vehicle
was found in one place and the body was found
in another place, we just felt like it would
be better handled by the crime lab, who has a
mobile lab to come process the scene.
Is that their specialty?
Yes, ma'am.
Okay. Now, on the morning of April 23rd of
1996, did you go to the truck that you were
called about?
Yes, ma'am.
And when you first went out and saw this
truck, where was it located?
It was located here in Bastrop. I believe it
was Bas-co Towing that had taken the truck in.
And was it your understanding that that was
the place the truck had been found, or it had
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86
been moved already?
No, ma'am, they told me the truck had been
found in another location.
Did you examine the inside of the truck when
you got to Bas-co?
I didn't physically get into the truck, no,
ma'am.
When you were at Bas-co, did the truck get
opened up?
Yes, ma'am.
Okay, and how was it that the truck was opened
up? I mean, who did that, and how did you get
it open?
I opened the door from the outside.
Prior to that, was the truck locked? Before
you opened it? I mean, did you have to unlock
it?
No, ma'am, not when I opened it.
And you indicated that you arrived on the
scene there at Bas-co subsequent to some other
people?
That's correct.
Okay. When the truck was opened up, did you
have an opportunity to look inside of it and
around it and that sort of thing?
87
I didn't understand the last part of that.
Yes, ma'am.
Did you see anything in or around the truck
that appeared to you to be significant?
anything that appeared to be significant?"
MS. CLAY-JACKSON:
Objection, Your Honor, leading.
THE COURT: It's overruled.
You may answer it?
I saw one tennis shoe on the floorboard. I
spot on the back glass of the truck.
(BY MS. TANNER) What kind of a spot on the
back glass of the truck was it?
It was a smeared looking spot. I couldn't
tell you exactly what it was.
Okay. Could you -- what kind of a substance
did it appear to be?
It seemed to be something maybe greasy, or a
sticky type substance.
And you said that was on the back glass?
Yes, ma'am.
Do you recall if that was on the back glass on
I recall a
I'm sorry,
"Did you seeMS. TANNER:
MS: CLAY-JACKSON:
saw one earring in the floorboard.
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88
the driver's side or the passenger side?
It would have been closer to the passenger
side.
Did you see anything in the truck other than
the shoe and the earring, specifically on the
floorboard area that appeared to be
significant?
There was a thick sticky-looking substance
that maybe was on the carpet, between the
passenger and the driver's side.
And did that -- what did that appear to be, or
could you tell?
I couldn't tell what that was.
14 Q. Okay. Having been in law enforcement for 18
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years, when you went out there that morning
and you saw that truck, based on everything
that you saw, did you suspect that foul play
was involved?
MS. CLAY-JACKSON:
Objection, Your Honor, leading.
21
22
THE COURT:
You may answer it, sir.
It's overruled.
c.
23
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A. After conferring with the police chief as to
the things that they found --
MS. CLAY-JACKSON:
89
question. What did you do in that regard?
Objection, Your Honor, narrative.
morning, did DPS fully process that truck, or
did any of you fully process that truck or
just kind of look in it?
Later that day it was processed.
went out to the truck, looked it over and got
in your mind that there was probably foul
play? You indicated that you called the
aerial board -- the aerial department?
Right, the aircraft section.
And what did y'all do in that regard?
In response to your earlier question, the
truck was --
Objection,
Just answer the
It's
Which earlier question was I
Now, at that time, that
THE COURT:
It's a yes or no question.
THE COURT:
And what did you do after you firstOkay.
(BY MS. TANNER)
about to ask?
MS. CLAY-JACKSON:
Your Honor, narrative.
non-responsive.
(BY MS. TANNER)
Did you suspect?
Yes.
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90
No, ma'am.
Yes, ma'am.
Yes, ma'am.
Was it within the city limits of Bastrop,
Did you-all have any luck or find anything of
significance as far as the aerial search?
Was that in Bastrop County?Okay.
While you were on the aerial search, did the
complexion of the case change?
Yes, ma'am, it did.
Okay, and how was that?
We had received a radio transmission to meet
at a location off 1441.
Yes, ma'am.
Okay. Were you involved in the aerial search?
Yes, ma'am.
Were you in the helicopter looking?
About when the truck was processed.
When was the truck fully processed?
The following day.
Okay. It was not processed fully on April the
23rd of 1996?
Right.
I canJt remember from one question to the
next. You said there was an aerial search?
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91
however?
No, ma'am.
So where did you-all land the helicopter,
then?
Adjacent to 1441, near the fire station.
And are there any other small county roads
located in close proximity to that particular
location where you landed?
Yes, ma'am.
And which would that be?
County road 141 would be the closest.
And does that have a particular name that it's
'called?
Yes, ma'am.
And what is that?
Bluebonnet Road, I believe.
And when you-all landed there near the fire
station, did you walk to Bluebonnet Circle, or
were you picked up by someone?
I was met there by Chief Duncan.
And then what did you do?
Drove down County Road 141.
And, ultimately, did you arrive at the place
where the young lady's body was located?
Yes, ma'am.
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92
When you got there to that location, was the
DPS crime scene team there?
No, ma'am.
Okay. What had been done when you arrived?
The immediate area had been taped off with
crime scene tape by the sheriff's department.
And do you recall who it was with the
sheriff's department that had done that?
No, ma'am.
And when you say "the immediate area," was
that a particularly large area that had been
roped off or not?
I wouldn't say it was particularly large, no,
ma'am.
Did it go across the street and onto the other
side?
Yes, ma'am.
So it blocked the street off?
Yes, ma'am.
Okay. And when that area was roped off, or
cordoned off, by the sheriff's department, did
you-all go in there or did you stay outside
the roped off area?
No, ma'am,.I did not go inside at that time.
And the location that you saw -- well, let me
93
Yes, ma'am.
Yes, ma'am.
Yes, ma'am.
Who did that?
Officer Barton and Campos.
Ultimately, at some
Were you present when that
Yes, ma'am.
ask you this.
occurred?
And during the time before they arrived, was
anything placed over the body of the victim?
Yes, ma'am.
And what was that?
Some type of a green blanket.
And who did that -- well, let me back up and
How long were you-all out there before the
crime scene team got there?
I was there approximately two hours.
Before they finally arrived?
And who was the body of?
Stacey Stites.
And is the place where she was located in
Bastrop County, Texas?
point you did go inside the crime scene line
and observe the body, correct?
back up and ask you this.1
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94
And they are with which agency?
At the time they were with the Bastrop County
Sheriff's office.
Now at the time that was placed over the body
of the victim, had any of her clothing been
removed or anything like that?
No, ma'am.
And where did that blanket come from?
I believe it came out of the back of Sergeant
Barton's vehicle.
And what was the purpose for putting the
blanket over her body?
To restrict the vision of it.
And were there -- was the media present at
that time while you were waiting on t~e crime
scene team?
Yes, they were.
And in what means -- what mode of
transportation did they get there?
They were in vehicles and also helicopter.
And there was a news helicopter there?
Yes, ma'am.
Okay. Was it hovering over the place where
the young lady was lying?
It passed over several times.
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95
Now, did you remain at the crime scene the
entire time that the DPS crime lab was there?
Yes, ma'am.
And other than being summoned in and looking
at the body, did you have anything to do with
anything that was taking place out there?
No, ma'am, I conferred with the crime scene
team.
Did you pretty much let them do their thing?
Yes, ma'am.
11 Q. Okay. Now, you indicated that the truck in
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question was processed the next day?
Yes, ma'am.
When I say "processed," we mean looked at for
evidence and things?
That's correct.
Where was that located at? Where did that
take place?
That took place in Austin, there at the DPS
facility.
21 Q. Okay. And is that in a laboratory or a shop
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or what?
At the auto shop.
And does DPS have an auto shop designed for
that sort of thing?
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96
Yes, ma'am.
Were you present during the entire processing
of the truck?
Yes, ma'am, I was.
Did you observe the DPS lab personnel to look
inside the truck and collect numerous pieces
of evidence?
Yes, ma'am.
Do you recall who all was present from the
laboratory at the time the truck was
processed?
I would have to refer to my report.
Okay, you can do that.
That would have been Will Young, Gene
Lawrence, Terri Sandiford, Javier Flores and
Mike Holly.
17 Q. Okay. And then yourself as well?
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A. Yes, ma'am.
the witness?
MS. TANNER:
THE COURT:
May I approach
Yes, ma'am.
22 Q. (BY MS. TANNER) Let me show what's been
23 marked State's Exhibits Number 62a, 63a, 64a,
65 a, 66 a, 67 a, 68 a, 69 a, 70 a, 71 a and 105 a .,
"I
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25 If you will take a look at these. Do each of
97
MS. CLAY-JACKSON: One
MS. CLAY-JACKSON: No
offer State's Exhibits 62a through 71a and
105a.
(State's Exhibits Nos. 62a,
63a, 64a, 65a, 66a, 67a, 68a,
69a, 70a, 71a, and 105a were
offered into evidence.)
The State would
They are all
Go ahead.
THE COURT:
MS. TANNER:
objection.
question, Your Honor.
THE COURT:
VOIR DIRE EXAMINATION
QUESTIONS BY MS. CLAY-JACKSON:
Q. Ranger, you said you were present when these
pictures were taken, is that correct?
A. Yes, ma'am.
these photos fairly and accurately depict what
the truck looked like on April the 24th of
1996, as you observed it?
A. Yes, ma'am.
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admitted.
We would offer into evidence State's
6~ through 71 and 105.
(State's Exhibits Nos. 62,
63, 64, 65, 66, 67, 68, 69,
70, 71 and 105 were offered
into evidence.)
(State's Exhibits Nos. 62a,
63a, 64a, 65a, 66a, 67a, 68a,
69a, 70a, 71a, and 105a were
admitted into evidence.)
We will
You will?
MS. CLAY-JACKSON:
MS. TANNER:
Okay.
stipulate.
DIRECT EXAMINATION (CONTINUED)
QUESTIONS BY MS. TANNER:
Q. I show you what has previously been marked as
State's Exhibits 62 through 71 and 105. If
you will flip through these, each one of these
is just simply a blow-up of the photographs
that I just showed you.
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Yes ma'am.
the 24th of 1996?
MS. CLAY~JACKSON: No
MS. CLAY-JACKSON: Ms.
You bet.Okay.
They are all
I think it's easier
If you'll show the jury
MS. TANNER:
If you will come down here
into evidence.)
70, 71 and 105 were admitted
(State's Exhibits Nos. 62,
THE COURT:
62, 64, 65, 66, 67, 68, 69,
And is that how it appeared on April
Can y'all in the back see okay?
the easel.
bit easier for the people in the back to use
Okay.
inside of the cab of that truck?
Tanner, I think it would probably be a little
to do it right here.
on State's Exhibits Number 62, is that the
Yes, ma'am.
with me, Ranger Wardlow.
(BY MS. TANNER)
admitted.
objection.
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Yes, ma'am.
Yes, ma'am.
hard time hearing your answers because your
(BY MS. TANNER) State's Exhibit Number 62,
does that reflect how the truck looked that
day?
We're having aTHE COURT:
I want you to turn your attention to the
passenger floorboard of the truck, is there
anything significant in there?
The tennis shoe is visible there.
Is there anything else visible in the
floorboard area of that truck that appears to
be significant?
You can slightly see the substance here on the
center hump, between the passenger and
driver's seat that I referred to. What it is
is unknown to me.
And there are several items of paper evidence
there on the seat of State's -- as is
reflected in State's Exhibit 62. Were those
out on the truck when it was originally seen?
Yes, ma'am.
Did you-all try to maintain exactly how that
truck looked from the day before?
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101
The seat was in a position where the seat was
reclined. The seatbelt was hooked as you see
it.
(BY MS. TANNER) And then the passenger seat,
was that all the way forward or was it back as
well?
It was in the same position you see it there.
And the seatbelt, the bottom portion, the lap
portion, did that appear to have been sat on
or did it appear to be up?
It had a bow, a downward bow in it as if it
had been sat on.
Okay. And State's Exhibit Number 63 also
MS. CLAY-JACKSON:
Objection, Your Honor, leading.
this particular truck, 'when you-all saw it
both on the 23rd and the 24th, in a rather
unusual position?
unknown to me," he said.
It was unknown to me.
(BY MS. TANNER) Okay. Let me show you
State's Exhibit Number 63. Was the seats
is
in
"What it is,
It's overruled.THE COURT:
MS. TANNER:
back is to us.
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•
Yes, ma'am.
Yes, ma'am.
reflects, sort of in the crease of the
me, did you call that State's Exhibit 24?
Excuse
It's number 64,
What was that?
MS. TANNER:
MS. CLAY-JACKSON:
State's Exhibit Number 65.
There's another portion of the
State's Exhibit Number 24, is that
What does State's Exhibit 65 depict?
This is the driver's door in,an open
plastic drinking cup that's fallen into this
door pocket along the door.
And was that piece of green plastic cup also
in the door pocket when you-all first saw the
truck on April 23rd?
position.
Okay.
thank you.
(BY MS. TANNER)
pretty much the same view but shows the
relationship between the two seats?
Yes, ma'am.
driver's seat, an item.
That is a green-colored, blue-green colored
part of a drinking glass, plastic, I believe.
And was that wedged in there as you saw it
there on the 23rd as well?
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103
evidence as well?
Yes, ma'am.
I show you what has been marked State's
Exhibit 66 and ask if you can tell the jury
what that depicts?
This is the -- this would be the passenger
door, and this is the passenger floorboard; I
don't recall what this piece of paper was; her
tennis shoe; this was a back brace; and a
baseball cap; and here, again, the substance
which is unknown to me.
Underneath the back brace did you-all find any
other piece of evidence that appeared to be
significant, or in close proximity to the back
brace?
There was an earring on the floorboard.
Let me show you what's been marked State's
Exhibit 70 and ask if you can identify what
that reflects?
Yes, ma'am, this is a single earring.
And next to the single earring is an area of
something, what does that appear to be?
This again is the unknown substance.
And what is -- sort of up at the top corner,
And the back brace, was that taken intoOkay.
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104
Yes, ma'am.
Yes, ma'am.
Yes, ma'am.
Okay. And could you see some of this
substance on the back brace?
here to the right-hand side?
Yes.
And you had indicated that the substance had
This would be the gearshift, the
So the back brace would have been over
It appeared to be one continuing flow?
Okay.
truck.
Okay.
center console, driver's seat on this side,
passenger seat on this side and a small cup
holder or tray between the two seats.
And in that regard, let me show you State's
Exhibit Number 69 and ask you, is this again
the same substance that you talked about a
moment ago?
Yes, ma'am, this is the center hump of the
the black item on State's Exhibit Number 70,
what is the item in the top corner?
It appeared that this substance had run over
onto this back brace.
So this item up here is just a portion of the
back brace?
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105
bled onto the back brace?
It had run over onto it.
Okay. Did you have an opportunity to look at
any evidence, if any, that was in the back of
the truck -- or in the extended cab portion of
the truck?
Yes, ma'am.
And what kind of things were in the extended
cab of the truck?
Baseball, softball type stuff, a glove. I
recall an HEB shirt back there, a knife of
some type, tennis shoes, that type of thing.
I show you what has been marked State's
Exhibit Number 68, and see what that depicts?
This is the -- the rear portion of the
extended cab of the truck, the driver's seat
is here on this side.
Does this exhibit·, State's Exhibit 68, reflect
sort of the reclined position of the driver's
seat?
Yes, ma'am.
And you indicated that there was a knife. Is
that reflected in this picture?
I believe that's right here. (Indicting in
Exhibit) .
106
Yes, ma'am.
has addresses and credit cards and licenses
and things like that in it?
Yes, ma'am, it was.
Did you-all actually use that organizer to
help you in your investigation?
Yes, ma'am, I did.
In what manner?
Names, phone numbers, addresses, we used that
quite often to refer back with cross-reference
and information.
And this red shirt here that's reflected in
this photograph, what kind of shirt is that?
I believe that was the HEB work shirt -
Okay.
-- worn by the employees.
And State's Exhibit Number 67 is a different
prospective of that?
Yes, ma'am.
And in State's Exhibit 67, what is reflected
over here underneath the console?
This is a brown, I guess you'd call it a .
weekly or a monthly organizer type thing.
And was that collected?
And is that one of those things that
Okay.
Okay.
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107
THE COURT: What was the last
part of that.
opportunity to look in the back of the truck
again?
Yes, ma'am.
THE COURT REPORTER: I'm
having ~ real hard time hearing you.
Cross-referencing names and numbers during the
investigation as we came across them.
And did you have an(BY MS. TANNER)
I show you State's Exhibit Number 71 and ask
you what that depicts?
This is the rear bed of the pickup truck.
Now, by the way, you had indicated that you
saw some sort of a greasy smudge up on the
window, is that correct?
Yes, ma'am.
You have had an opportunity during the
pendency of this case to view all the
photographs of this truck, correct?
Yes, ma'am.
Has that greasy smudge been able to be
captured in any of the photographs of the back
glass of the truck?
Not that I've really seen, no, ma'am.
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108
Yes, ma'am.
Yes, ma'am.
Did you also open up this -- or just kind of
dump this bag out to show what all was in it?
Have you looked for it?
Yes, ma'am.
Okay. Now, are these the items that were in
the back of the truck when you-all found them
on April 23rd of '96, as well as the 24th?
You can have a seat.
Now, when you-all were there at the
Okay.
I show you State's Exhibit Number 105 and ask
you what that depicts?
These were the contents of that particular
bag.
Everything in here except for the fishing poll
off to the side here and the small -- is that
a steer rope?
Some kind of a small blue rope, not very long.
And all these items were inside of that bag?
That's correct.
Okay. And what kind of stuff was this that
was in the bag?
Softball, baseball type things, sporting
equipment.
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109
lab on April the 24th of 1996, did you make
any efforts to try and figure out what may
have happened?
Yes, ma'am.
And in that regard, did you and the others, as
well as Karen Blakley, do anything physical to
try and figure out what may have happened?
Yes, ma'am, we did.
What was it that you-all did?
The driver's seat, as you saw in the
photographs, was in a reclined position, with
the seatbelt still fastened. We tried
different ways to see if it was possible to
pull a person from the vehicle with the
seatbelt and shoulder harness strapped.
Okay. And you said you tried different ways.
What do you mean by that?
Pulling from the feet outward, out the door,
and also lifting, using the shoulders and
pulling.
When you did that, did you do it just with the
shoulder harness over the person or with both
the shoulder harness and the lap belt over the
person?
We did it both ways.
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110
And on occasions, or in both ways that you did
it, both with the shoulder harness over the
person and the lap belt and shoulder harness,
how hard was it -- well, let me back up and
ask you this. Who did you do it to?
We chose Karen Blakley.
For what reason?
Because her height was the nearest to Stacey
Stites's height.
And were they pretty close in weight as well?
We felt they were as close as could be.
And when you did it both ways, with the lap
belt engaged and sitting on top of the lap
belt, how hard was it to get her out of the
truck?
pulling feet first was a whole lot easier than
what I thought. It was very easy to actually
remove somebody from the car that way. It was
easy to also lift and pull from the shoulders,
but it was a little more difficult than the
other method.
But it was still doable?
Yes, ma'am.
Now, through the course of this investigation,
were you primarily the lead investigator
111
Yes, ma'am.
Yes, ma'am.
between the three agencies?
Bastrop County Sheriff's Department and
Bastrop Police Department?
Not all, however; right?
And did you work hand in hand with the
Okay.
Not all.
And is that a pretty standard way to start a
homicide investigation is to look at the
Okay.
Yes, ma'am.
While you were investigating this case, what
was your primary angle?
The primary angle would be focusing on
somebody that knew her.
Why is that?
Statistically, most homicides that occur, the
perpetrator is known to the victim.
Who were the primary investigators for each of
those agencies?
With the police department would have been
David Board, at that time, and with the
sheriff's office John Barton and David Campos.
Did Barton and Campos pretty much work side by
side?
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112
people that the victim knows?
Yes, ma'am.
And what kind of people did you-all talk to
and interview and run down as a result of this
angle of your investigation?
We talked to friends, family, co-workers,
associates, just starting with a small inner
circle and working our way out.
Did you talk to ex-boyfriends?
Yes, ma'am.
Classmates from high school?
Yes, ma'am.
Former co-workers as well as current
co-workers?
Yes, ma'am.
Do you have any idea, numerically, how many
people associated with Stacey Stites, that
you, as well as the other investigators,
together, talked to?
Altogether it would probably be -- I would
have to say hundreds.
Hundreds of people?
Yeah.
Okay. And how long did that continue, where
you were constantly talking to people that
113
Yes, ma'am.
Stacey had been sexually assaulted, correct?
It was around midnight the day we discovered
the body.
And who notified you of that particular thing?
Karen Blakley called me at home that night~
What was the significance of the presence of
semen in your investigation?
I felt like from what I saw at the crime scene
that it was the "smoking gun," so to speak.
In your mind, why was it the smoking gun?
The things that I saw indicated sexual
Stacey knew?
The investigation went on for approximately a
year.
And during that year that this investigation
went on, and through the course of it, did you
find anybody that said she had been
associating with the defendant?
I'm sorry?
Did you find anyone who linked her in any way
to this defendant?
Not at all.
Now, at some point you learned that
And how soon did you learn that fact?
Okay.
Okay.
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114
assault, that was confirmed, and the fact that
the motive would have been to eliminate the
witness.
And in that vein, did you feel like if you
could identify the person who left the semen,
what would be the result of that?
Then we would find the person that killed her.
8 Q. Okay. Because of that, when you were
II.,
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investigating this case for almost a year,
whenever you developed a suspect, what did you
do?
The first thing we did is ask to draw a sample
of blood and hair.
And why did you ask for blood samples of any
potential suspects?
The DNA would either eliminate them or
indicate that they were involved in it.
And when you asked people for blood samples,
would they agree?
Yes, ma'am.
And if they agreed, what did you do?
We would draw a sample of blood and submit it
to the DPS lab.
And when you say you would draw a sample of
blood, would you, if it was somebody you were
115
Yes, ma'am.
not you made a list of the people you obtained
blood from?
And could you tell the jury who is on that
list?
The entire list?
The people that you were involved in the
handling, would you actually view the taking
of the blood and then carry it to the DPS
yourself?
Sometimes we would, or others officers would
I'm laying a
Okay.
MS. TANNER:
Can you tell us whether or
THE COURT:
The list was very long so we would
(BY MS. TANNER)
predicate.
have to look at specific individuals to get a
specific answer to that.
And did you, yourself, obtain blood from some
of the suspects and take it to the DPS?
Yes, ma'am.
And did you, in order to help yourself because
the numbers were so large, make a list
MS. CLAY-JACKSON:
Objection, Your Honor, leading.
take, it.
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116
obtaining of blood and/or the taking of blood
to the DPS?
That would have been Greg Corner.
4 Q. Okay. Let me stop you and ask you, did you
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observe the taking of blood from Greg Corner?
Yes, I did.
And did you actually take the blood to DPS?
No, I did not.
And do you know who or are you aware of who
took the blood to DPS?
Sergeant Barton.
12 Q. Okay. Who else?
(II
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will Barton.
And did you observe the blood being taken from
him?
Yes, ma'am, I did.
And did you yourself take that sample to DPS?
Yes, ma'am, I did.
19 Q. Okay. Who else?
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David Lawhon.
And did you observe the blood being drawn from
David Lawhon?
Yes, I did.
And did you, yourself, take it to DPS?
Yes, I did.
117
No, ma'am.
Who else?
Charles King.
Same question, did you observe it and take it?
Charles King and Jerry Ormand both I viewed
and delivered to the lab.
Jose Coronado, I believe that particular
individual was viewed by Sergeant Barton. But
I delivered the blood to the lab.
Who else?
Monty Kellum and Carl Lloyd were two that I
actually viewed and also delivered to the lab.
Who else?
Jeremiah Smith, George Branham and John J.
Conwell, I picked up their blood samples from
Sergeant Barton and delivered those to the
lab.
Okay. And who else?
Also Wanna Hammett and Glen Pierce.
And what did you do with those?
I picked those up I'm sorry, Sergeant
Barton took those to the lab.
Okay. Did you observe the blood being drawn
in those cases?
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Okay. Who else?
118
Yes, ma'am.
Okay. Who else did you observe and/or take to
the lab?
Warren Hartgrove, I observed that and took it
And you observed and took that to the lab?
Yes.
And any others?
David Hall, I observed that one, Sergeant
Barton actually submitted it.
So I have calculated at least 13 individuals
that you were involved in, is that correct?
Okay. And when you say you submitted it to
the lab, you actually carried it yourself and
handed it over to the folks that handled that
sort of evidence, correct?
Yes, ma'am.
Okay. How long before there was an arrest in
this case?
Approximately a year.
In the meantime, you indicated that you-all
investigated numerous suspects?
Yes, ma'am.
During the time, the interim of that year,
were there any rewards put out?
Also Ed Selmala.to the lab.
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119
Yes, ma'am, there was.
And what kind of reward was put out?
I know that HEB Corporation had posted, I
believe, a $50,000 reward.
Would it be fair to say that you-all got
numerous tips and leads in people calling with
either real or believed information?
Yes, ma'am.
When y'all got those, what did you do?
We checked and followed each and everyone of
them out as far as we possibly could.
And during the pendency of this case before
there was an arrest, did you receive
information even that there were people who
were bragging about having done it, having
committed this murder?
Yes, ma'am.
And when you get that kind of information, did
you try to make a case on those people?
Yes, ma'am, we did.
Did you obtain samples of their blood?
Yes, ma'am.
And did you -- were you able to make a case on
anyone that said they had done it?
No, ma'am.
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120
Did you even in the course of this
investigation have one individual confess to
you that he had done it?
Yes, ma'am.
And did you try to make a case on that person?
Yes, ma'am, we did.
Did you take his blood?
Yes, ma'am, we did.
And on any of the suspects that verbally told
you or anyone else that they committed this
offense, were you able to corroborate anything
that they said sufficient to get them tied to
this murder?
No, ma'am, not at all.
Okay. By the way, you have been in law
enforcement for 18 years, based on your
knowledge and experience are false confessions
or bragging that you did something that you
didn't do, is that particularly uncommon?
Not particularly, no, ma'am.
What generally causes that sort of thing?
MS. CLAY-JACKSON:
Objection, Your Honor, the witness is not
qualified to give such an answer.
THE COURT: I tend to agree.
, I,
121
Yes, ma'am.
I sustain the objection.
When each tip came in, did you treat it like
maybe it was really the one?
And did you also receive information that
David Lawhon had bragged about having done
this?
You indicated it's not that
oh, and by the way, theEventually
Yes, ma'am.
uncommon?
(BY MS.' TANNER)
No, ma'am.
individual who actually told you that he did
it, what was his name?
Will Barton.
And the young man who allegedly might have
bragged about it, his name was Bryan Haines,
is that right?
When Stacey Stites was killed, did you in law
enforcement, or any of the other law
enforcement people, did y'all have any
preconceived notions in your mind about who
you wanted to be responsible for this offense,
who you ultimately wanted to make a case on?
No, ma~am.
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122
Yes, ma'am.
And you took blood from each of the those
three people?
Yes, ma'am.
Did you, with these various suspects, did you
restrict your investigation to just getting
blood, or did you also try to make a case on
them independent of that?
We tried, independently, other ways.
Eventually, did you receive information that
led you to look at the defendant as a suspect?
Yes, ma'am, I did.
When was it that you received information that
in your mind put him on the suspect list?
I would say it was late February or early
March.
Of which year?
, 97 .
And in that vein, did you then contact the
Department of Public Safety?
Yes, ma'am, I did.
What was your purpose for contacting the
Department of Public Safety?
To check and see if a known sample was on
file.
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123
A known sample of the defendant?
Yes, ma'am.
And did you make a determination that there
was a known sample on file?
Yes, ma'am.
And in that regard, what did you request DPS
to do? Or did you request them to do
anything?
Yes, ma'am, I requested the forensic section
to compare the two DNA samples.
When you say the "two DNA samples," you wanted
them to compare what to what?
The Stacey Stites evidence to the suspect.
And when you said "Stacey Stites evidence,"
you're talking about the semen, right?
Yes, ma'am.
Okay. Did you receive any results -- without
going into them, did you receive any results
of that testing?
Yes, I did.
And do you recall when it was that you
received results of that testing?
It would have been early March.
Of 1997?
Yes, ma'am.
124
Upon getting those results did you draft a
search warrant to obtain the defendant's
blood?
Yes, ma'am, I did.
And at whose request was that?
Through the DPS lab.
Yes, ma'am, I did.
And although you drafted it, who was the
affiant on that or the person who actually
executed it?
Sergeant Barton.
Along with obtaining the blood of the
defendant, did you later, quite a bit later,
obtain blood from the defendant's father and
his brothers?
get that?
Search warrants.
And did you obtain blood from all of the
brothers of the defendant?
No, ma'am, I did not.
Why not?
Three we obtained the blood from and the other
two brothers we excluded from other methods.
Other methods such as they weren't in the
And what was the authority you used toOkay.
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125
Yes, ma'am.
Yes, ma'am.
investigator looking at Jimmy Fennell?
And you invest -- let me just back up and ask
I mean, how
Were you at that -- the primary
Now during the course of your
And tell me about the interviews.
hard were you on him?
I was verbally harsh with him.
Did you treat Jimmy Fennell any better than
the other suspects, in your opinion, because
he was a police officer?
Not at all.
Did you treat him any worse?
Perhaps so.
And by that you mean what?
Probably was a little harder on him during the
interviews.
Okay.
And were you looking to make a case on him if
you could?
investigation, it's no secret that Jimmy
Fennell was a suspect, correct?
Yes, ma'am.
jurisdiction at the time of the murder?
That's correct.
you this.
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126
Yes, ma'am.
No, ma'am.
Yes, ma'am.
Yes, ma'am.
You, as with the other suspects, didOkay.
Were you able to?
Yes, ma'am.
Were you able to make a case against Jimmy?
What was the sticking point -- well, let me
back up and ask you this. Jimmy was by all
accounts the last person that saw Stacey
Did you yell at him?
A little bit.
Did you call him names?
Did you-all use -- and I know you hate to hear
these kind of terms because laypeople use
them, did you-all use good cop/bad cop
techniques and psychology on him and things
like that?
I tried every technique I could think of.
And you're pretty well-trained in techniques
in talking to suspects, I take it?
you try and make a case on Jimmy independent
of what the blood came back to exclude him
with regard to the DNA?
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127
alive, obviously other than whoever killed
her, correct?
Yes, ma'am.
What was the sticking point for you with
regard to trying to tie Jimmy to any
involvement whatsoever in Stacey's death?
Logistically speaking, it was not possible.
And in that vein, did you try and think of and
investigate alternate methods that Jimmy could
have gotten transportation to have committed
this offense?
Yes, ma'am, we examined the taxicab records, I
went to the Giddings Police Department and
examined their vehicle mileage on all of their
cars, that sort of thing.
And that was in an effort to try to find some
way that Jimmy could have done this?
Yes, ma'am.
And were you able in any way to find anything
of that nature?
No, ma'am.
Okay. And you have already indicated that you
were not able either to make any kind of a
case at all against David Lawhon or any of the
other suspects as well, correct?
128
Yes, ma'am.
Yes, ma'am.
And on State's Exhibit Number 2 is there an
area traced in red?
(BY MS. TANNER) I show you what has been
marked State's Exhibit 2. Is this a map of
that portion of the City of Bastrop?
May I approach
Sure.
MS. TANNER:
THE COURT:
And is that area traced in redOkay.
consistent with the route your investigation
revealed Stacey Stites would have taken to
work on April 23rd of 1996?
Our best educated guess was this would be the
the witness?
Yes, ma'am.
That's correct.
Ranger Wardlow, based on your knowledge and
experience, what is the toughest kind of
homicide case to break?
A random killing.
Through the course of your investigation, did
you develop or did you investigate the route
that Stacey Stites must have taken on her way
to work the morning of April 23rd of 1996?
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129
most probable route she would have driven.
And are there places along that route where
there are railroad tracks, stop signs,
stoplights and things like that?
Yes, ma'am.
And specifically with regard to Chestnut
Street, are there those things throughout?
Yes, ma'am.
And what places on State's Exhibit Number 2
and 2a, if you know, are those sort of things
located?
The four-way stop here at 95 and 21, the
railroad crossing would be another possible.
Let me ask you, I'm going to hand you a red
sticker that's marked "four-way stop" and
would you put that on the spot you're
referring to?
(Witness complies.)
And you indicated railroad crossings as well?
Will you show us, again, with a red dot that
was labeled "railroad crossing" where you're
talking about in that regard?
(Witness complies.)
And are there any stoplights, as well, along
that route?
130
Yes, ma'am.
short break, about ten minutes or so. It
won't be very long.
Yes, ma'am, there's also a stoplight, I
believe, it's either at Jefferson or Pecan, I
don't recall.
One of those?
Inn is in Bastrop?
Yes, ma'am.
And is that location of the Rodeo Inn, is that
located here on State's Exhibit Number 2 and
2a?
I pass the
We'll take a
MS. TANNER:
THE COURT:
By the way, do you know where the Rodeo
witness.
Yes, ma'am.
Okay.
Yes, ma'am.
I'm going to give you another red dot and ask
you if you can put on there where the location
of the Rodeo Inn is?
(Witness marks and complies.)
And that is well past the stop sign at 95 and
Chestnut or 21?
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131
(At this time a recess was
taken.)
(Whereupon the Jury returned
to the courtroom and the
following proceedings were
had open Court.)
MS. TANNER: May I ask him a
couple more questions before we start? I'm
sorry. We get away and I forget.
DIRECT EXAMINATION (CONTINUED)
QUESTIONS BY MS. TANNER:
Q. Ranger Wardlow, you indicated that at the
scene inside the truck you found an address
book and a daily planner and that sort of
thing?
A. Yes, ma'am.
Q. Okay. And when that was found, what was done
with it?
A. Initially we checked it for any trace evidence
and dusted it for prints.
Q. And then what?
A. Then I kept it in my possession.
132
offer State's Exhibit Number 109.
Yes, ma'am.
MS. CLAY-JACKSON: . May I
take the witness on voir dire?
(State's Exhibit No. 109 was
offered into evidence.)
The State would
Yes, ma'am.THE COURT:
MS. TANNER:
Yes, ma'am.
And what is State's Exhibit Number 109?
This is the brown planner.
And it's the same one that was taken out of
the truck on April the 24th, 1996, that you
had with you?
And why did you keep it in your possession?
As I stated earlier, we would refer back to
that cross-referencing names and telephone
numbers, that sort of thing.
I'm going to show you what has been marked as
State's Exhibit 109 and ask if you can
identify this item?
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133
VOIR DIRE EXAMINATION
QUESTIONS BY MS. CLAY-JACKSON:
Q. Ranger, you have had State's 109 in your
possession since when?
A. Since the date we took it out of the truck.
DIRECT EXAMINATION (CONTINUED)
QUESTIONS BY MS. TANNER:
Q. Through the course of this investigation, you
have been very familiar with the contents of
State's Exhibit 109?
I did not hear the question, ma'am.
MS. TANNER: I'm sorry.
(State~s Exhibit No. 109 was
admitted into evidence.)
No
I'm sorry,
State's Exhibit
MS. CLAY-JACKSON:
MS. CLAY-JACKSON:
Through the course of this(BY MS. TANNER)
Was it in the possession of anybody else
before it was in your possession?
No, ma'am.
THE COURT:
Number 109 is admitted.
objection.
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134
investigation have you become extremely
familiar with the contents of State's Exhibit
109?
A. Yes, ma'am.
Q. Are there any references whatsoever in State's
Exhibit 109 to either this defendant or to
David Lawhon?
A. Yes, ma'am, I have.
Q. Is there anywhere -- are there a number of
addresses and phone numbers and things like
that?
CROSS EXAMINATION
QUESTIONS BY MS. CLAY-JACKSON:
Q. Ranger, in your 18 years of experience in law
enforcement you have had occasion to write
many offense reports, have you not?
A. Yes, ma'am.
Q. In fact, you went -- did you go to DPS
academy --
A. Yes, ma'am.
No further
Go ahead.
MS. TANNER:
THE COURT:
questions.
A. No, ma'am.
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135
-- when you first started off?
Yes, ma'am.
And that academy had a course in offense
report writing, correct?
Yes, ma'am.
And there is nothing to -- and you have in
your last 18 years spoken to many fellow
officers, have you not?
Yes, ma'am.
And you have had some occasions to talk about
your academy training with these officers,
have you not?
Yes, ma'am.
Other than DPS probably having a higher
standard than some other law enforcement
academies, the training, the curriculum is
about the same, isn't that correct?
I don't know about the other agencies.
Would you not assume that other academies
would have courses in offense report writing?
I would assume so.
Would you not assume that other good academies
would have courses in investigative
techniques?
I would assume so.
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136
Would you not assume that other good academies
would have courses in interrogation?
I would assume so.
In your 18 years of experience in law
enforcement, have you had occasion to go to
national association meetings?
I'm sorry, I didn't understand the question.
In your 18 years of law enforcement, have you
had occasion to go to national meetings of law
enforcement officers?
I still don't understand -- national
meetings?
You know what national means?
Yes, ma'am.
Okay. Have you ever been to a meeting where
there have been law enforcement officers from
other states?
Yes, ma'am.
Have you had occasion to go to national law
enforcement meetings?
In that light, yes, ma'am, I have.
When you are at these national meetings, are
the law enforcement techniques used in
particular states, in some of these meetings
are they discussed?
137
I don't recall going to a
And what was the title of thatOkay.
members of law enforcement in other states
have been in attendance, what type of meetings
were those?
They were various types.
For instance?
The Traffic Institute, dealing with traffic
law.
And where was the Traffic Institute?
In Illinois.
institute? What is the full title of that
institute?
National Traffic Institute.
When you go to this National Traffic Institute
and there are other members of the other
states -- law enforcement from other states
present, do you-all discuss the different
traffic law techniques in your states?
a national level.
national meeting.
When you have gone to meetings where other
I don't recall.
What type of meetings have you been to on a
national scope?
I don't recall on a national -- what you call
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138
Did you just personally compare what Texas
does --
trying to get an assessment as to the law
enforcement ability in Texas as compared to
everybody else.
investigation was not an option.
Did you not discuss the traffic techniques in
your individual states?
Honor, I'm going to object to the relevance of
what Texas laws have to do with other states'
traffic laws and the comparison of them.
THE COURT: Where are we
We are
Criminal
Excuse me, Your
Go ahead, I'll
MS. CLAY-JACKSON:
MS. TANNER:
At the time I was in traffic law
THE COURT:
let you go a little further.
going?
enforcement when I attended that.
Yes, ma'am.
Were there occasions when you compared in this
National Traffic Institute, compared Texas's
reputation with the other 49 states?
I don't know that we compared reputation, no,
ma'am.
No, ma'am.
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139
Let's see if I can help
Object to that
Side bar.
I agree.
MS. TANNER:
THE COURT:
characterization, Your Honor.
Rephrase it. Start over.
(BY MS. CLAY-JACKSON) In the DPS academy, you
took a course in report writing, did you not?
Yes.
And you're instructor informed you that it was
important to write good offense reports, is
that right?
I don't recall, but I'm sure he did.
body?
Not that I'm aware of.
You have obtained a rank of sergeant in the
Texas Rangers, is that correct?
That's correct.
When did you obtain the rank of sergeant?
In 1990 -- actually, it was 1989.
In the academy that you attended, the DPS
academy that you attended, whose ranking you
don't know --
(BY MS. CLAY-JACKSON)
you cut to the chase.
Are law enforcement agencies, state
law enforcement agencies, ranked by a national
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140
Your instructor informed you that it was
important to put details into your report, is
that correct?
That's correct.
That details were important, correct?
Correct.
That details were important because they were
going to be used by either you or a fellow
officer in the investigation of the offense,
is that right?
I would assume so. I don't recall
specifically what he said.
In your 18 years of experience you have found
that details are important because they are
used by you or your fellow officers in the
investigation of cases, isn't that correct?
Yes, ma'am.
Details being important to both the person who
is writing them and people who are going to
read them later on, and need to be written in
such a way that one can go back and retrace
their steps, the officer who is writing the
report can go back and retrace their steps up
to that point, isn't that right?
Yes, ma'am.
141
that's involved in this investigation that had
state-wide jurisdiction was the Texas Rangers,
right?
That's correct.
So you were lead officer because you were a
Texas Ranger?
And in this particular case where you said you
were the lead officer in the investigation,
and you were the lead officer in the
investigation by virtue of the fact that you
were a Texas Ranger, is that correct?
I'm not sure I understand your question.
You stated that you were the lead officer in
the Stacey Stites investigation, is that
correct?
Correct.
And you were the lead officer by virtue of the
fact that you're a Texas Ranger?
By virtue of the fact that I have state-wide
jurisdiction.
Well, there are no other law enforcement
agencies with state-wide jurisdiction,
correct?
That's correct.
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Okay. And the only law enforcement agency
142
Did you bring your report to court today?
any notes or work product be removed from
a copy of that pursuant to discovery, Your
Honor.
Correct.
You had occasion then to write a report,
correct?
May I see
Okay.
And I ask that
She's received
She's just asking
She may want to
MS. TANNER:
THE COURT:
MS. TANNER:
MS. CLAY-JACKSON:
MS. TANNER:
THE COURT:
Anything that's not the report.that.
for the report.
compare it.
it?
Yes, ma'am.
Yes, ma'am.
And in your report, Ranger, you number your
paragraphs, don't you?
Yes, ma'am.
You number your paragraphs sequentially, don't
you?
Yes, ma'am.
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143 .
(Whereupon a brief discussion
was held off the record.)
of preparing to testify today, did you review
any other notes?
No, ma'am.
Have you reviewed any other notes since you
started preparing your report for this case?
clarification, Judge, we have not received the
entire report.
Judge, may we approach?
For record
I'm going to ask
Sure.
The report that
Did you in the course
MS. CLAY-JACKSON:
THE COURT:
THE COURT:
I'm now looking at that you brought to court?
I don't know, I would have to look at it.
(Witness reviews report.)
The 18th of March, 1998.
an entry into your report?
(BY MS. CLAY-JACKSON)
No, ma'am.
You have not reviewed any other notes?
Not that I can recall, no, ma'am.
When is the last time, Ranger, that you made
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you to step out for a short break while I take
care of this matter. Don't go too far or get
too comfortable.
(Whereupon the Jury was
escorted from the courtroom
and the following proceedings
were had outside the presence
and hearing of the jury.)
Ms. Tanner made a point to say that we
received copies of Ranger Wardlow's report, I
need to put on the record that, in fact, we
have not received every single page of Ranger
Wardlow's report. More specifically, what
defense counsel has received, with date
stamps, we did not receive with Ranger
Wardlow's paragraphs, and he has his
paragraphs numbered as he testified to,
numbered sequentially, we did not receive
paragraphs starting from the end of 176
forward to 183. And at this time because that
Okay, the jury is
Because
THE COURT:
Ma'am, go ahead.
MS. CLAY-JACKSON:
out now.
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is new information, and the additional
paragraphs in his supplement, I'm asking for a
time to read the report, those paragraphs.
don't have my discovery submission in front of
me. I have what I provided to defense because
I provided the whole report sequentially by
each page, and I remember doublechecking each
page through page 57, which is as much as I
have. And I do recall before I provided it to
them that I made sure each number which is
represented at the top was provided.
THE COURT: Well, I believe
defense counsel has a right to review the
entire report before she cross-examines him.
Take your time to do that, and let me know
when you're ready.
Will it take you long, do you think?
MS. CLAY-JACKSON: It
finish, we could do more with him today.
not going to take you that long, is it?
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comment on that?
shouldn't, Judge.
THE COURT:
MS. TANNER:
THE COURT:
Do you want to
Your Honor, I
If we could
It's
146
I'll let you know when we're ready.
(At this time a recess was
taken. )
purposes of the record, counsel for the
defense is right. There is a few -- and I
don't recall what paragraphs they hadn't
received. I went back and checked my
date-stamped copies of the DPS report, and I
had inadvertently left some out. It turns out
that when I reprinted it out it prints page
numbers but it can leave out paragraphs,
according to the Ranger, and I didn't count
paragraphs, I counted the pages. So that was
my fault, and if you will tell us what
paragraphs, we'll get you copies of them. It
was in there, I just messed up on that copy.
THE COURT: Have you had time
Judge for
We have,
No.
Take a break.
MS. CLAY-JACKSON:
MS. TANNER:
MS. CLAY-JACKSON:
THE COURT:
to look it over?
Your Honor.
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CROSS-EXAMINATION (CONTINUED)
QUESTIONS BY MS. CLAY-JACKSON:
Yes, ma'am.
Yes, ma'am.
Ranger, in preparation for today's testimony,
the only document that you reviewed was that
in your offense report, is that correct?
We are,
Are you ready for
Please be
Go ahead.
(Whereupon the Jury returned
to the courtroom and the
following proceedings were
had open Court.)
MS. CLAY-JACKSON:
THE COURT:
THE COURT:
Thank you.
In compiling your offense report, you take
and because you were the lead investigator in
this multi-jurisdictional investigation, you
had occasion to review the offense reports of
your fellow team members, is that correct?
seated.
the jury?
Your Honor.
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148
And, in fact, in some occasions you made note
of what your fellow team members had
discovered in their investigation and placed
it in your offense report, is that not
correct?
Yes, ma'am.
A main component of an offense report is that
the contents be reliable, is that not correct?
Yes, ma'am.
You said yes?
Yes, ma'am.
And the reliability is necessary because, one,
an officer generally testifies by his offense
report, isn't that correct?
Yes, ma'am.
And to testify truthfully you need to have
confidence in what you put in your offense
report, is that not correct?
Yes, ma'am.
And nothing about this case and your offense
report is contrary to what we just said, is
it?
Not that I'm aware of.
Okay. You are confident of what you have in
your offense report?
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149
Yes, ma'am.
Your testimony that by virtue of the fact that
Jimmy Fennell was a law enforcement officer
you treated him differently than you did the
other suspect, is that correct?
I treated him no differently.
Did you not say that you were more harsh with
him in the interrogations?
I said perhaps I was more harsh.
And it's your testimony that you participated
in what was characterized as the good cop/bad
cop interrogation, is that correct?
Yes, ma'am.
And you did participate?
In that area, yes, ma'am.
Did you also provide Jimmy Fennell the names
of the people that you were investigating?
No, ma'am.
Was there ever an occasion that you can recall
Jimmy Fennell calling you up and asking you
who you were investigating?
No, ma'am.
Was there ever an occasion when you can recall
Jimmy Fennell ever calling you up and asking
you the progress on the case?
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150
No, ma'am.
During the first couple of weeks of the
investigation, would it be a fair
characterization to say that you and the other
team members were communicating on a daily
basis in regard to this case?
Yes, ma'am.
You were updating one another on your progress
or lack of progress or leads that you were
following, correct?
Yes, ma'am.
In your offense report you have the format, as
most other Rangers do, where you start off
with a synopsis and then you go through the
details of how you come up with the synopsis,
is that correct?
Yes, ma'am.
And you number each one of those details on a
sequential basis?
Yes, ma'am.
And in that other Rangers have this same
format, it would be a safe assumption to say
that this is how you were taught at the
academy, is that correct?
Yes, ma'am.
151
No, ma'am.
Yes, ma'am.
No, ma'am.
Yes, ma'am.
And were you at that parking lot before
As the lead investigator, you were
Okay.
So you went to the parking lot after the car
after the truck had been transported, is
that correct?
the car was -- truck, I'm sorry, before the
truck was transported to the wrecking company?
You did not develop any other evidence on your
visit to that parking lot, did you?
When you were at the wrecker yard with the
truck, it's your testimony that you let
And that -- the only crime scene -- well, let
me go back here. Did you ever have occasion,
Ranger, to go to the high school parking lot
where the vehicle was -- where the car was
found?
Okay.
Yes, ma'am.
present at the crime scene analysis, when the
crime scene was being analyzed, were you not?
By the lab team?
By the lab team.
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152
yourself into the truck, is that correct? You
opened the door?
Yes, ma'am.
And to your knowledge, to your recollection,
the door was not locked? The doors were not
locked on the truck, is that correct?
At that time?
At that time that you let yourself in?
I would have to look at my report. I don't
recall.
Please do.
(Witness complies and reviews report.) The
truck was locked.
Okay. And you have just given us an example
of why detail is important in offense report
writing, is that correct?
Yes, ma'am.
So you can truthfully testify to what
happened?
Correct ..
Okay. Did you ever have an occasion to engage
the ignition in this truck at the wrecker yard
site?
I'm not sure what you mean engaged.
You turned the car on?
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153
I turned the switch on.
You turned the switch on. And it ignited and
combusted and the truck started, correct?
No, ma'am, I did not start the ignition.
You just did the ACC on it?
No, ma'am, I turned it to the "on" position.
Okay. And this particular truck has on and -
how is the ignition enumerated?
It has an "off" switch, accessory "on" and
then a "start."
So you moved it past accessory to the on
position?
I went from off to an on position.
Okay. And that's how you were able to
determine that the lights worked on the car?
Yes, ma'am.
And it's your testimony that there was only a
little more than an eighth of a tank of gas in
the car, between an eighth and a fourth of a
tank of gas in the car?
That's correct.
Did you notice whether or not there was on the
outside of the truck there was any caked
debris, such as hard-caked dirt or mud or
anything on the car?
154
The following day I noted that.
you were at the DPS lab, is that correct?
That's correct.
Did you ask the lab technician there to take a
sample of the hard-caked substance?
Yes, I did.
take a sample of that hard-caked substance was
perhaps to determine where the car had been?
That's correct.
And to the best of your knowledge, was that
analysis ever conducted?
Analysis?
Of the hard-caked substance?
There was never an analysis to compare to.
Did -- it's your testimony that there was
never an analysis of the hard-caked substance
on the outside of the car, is that correct?
Not that I'm aware of.
When you were at the crime scene where Ms.
Stites's body was found, did you instruct the
criminalist there to take any dirt samples?
I don't recall.
And in that it's not in your report, it
As the lead investigator the following day
And the reason that you asked them toOkay.
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155
Yes, ma'am.
probably did not happen, is that correct?
I would think not, no, ma'am.
Would it not have been -- how helpful would it
have been in your investigation for an
analysis to be made of the hard-caked
substance on the truck, which did appear to be
some type of dirt, did it not?
Okay. The analysis of the hard-caked
substance on the truck, when compared to the
surface dirt at the site of where Stacey
Stites's body was found?
I'm not sure I understand the question.
There could be an analysis, could there not
have, between the hard-caked substance that
was found on the truck and the dirt, the road
dirt, that was at the scene where Stacey
Stites's body was found?
Perhaps.
But since it was never done, we will never
know, is that correct?
MS. TANNER: Objection.
Calls for speculation. He indicated he
doesn't know whether it was done or not.
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THE COURT: I'll overrule it.
156
revealed that at four o'clock
MS. TANNER: Objection.
It's the same thing. It's back door hearsay.
By necessity the question she is asking calls
for a hearsay answer or an answer that's based
He's on cross, go ahead.
(MS. CLAY-JACKSON) We'll never know, will we?
I don't know what the lab did with the
substance they took off the truck.
And you never ordered the substance to be
taken from the site where the body was found?
I don't recall.
Your investigation revealed that there was a
person who had -- there was a newspaper
delivery person who had driven by that site
where Stacey Stites's body was found about
4:00 o'clock that morning, is that correct?
That's correct.
And that person reported to you-all --
MS. TANNER: Objection to
anything anyone would have reported as being
hearsay.
MS. CLAY-JACKSON:
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rephrase it.
(BY MS. CLAY-JACKSON)
I'll
Your investigation
157
it. Go ahead and ask the question.
going to object to any testimony about any
other murder of someone else as being
irrelevant to the facts of this particular
case.
revealed that at four o'clock Stacey Stites's
body was not at that location, is that
correct?
That's correct.
You have been involved in another murder of a
female, a young female, where an earring was
missing, have you not?
(Whereupon a brief discussion
was held off the record.)
Judge,
Judge, I'm
I'll overrule
Sure.
How does it
Your investigation
MS. TANNER:
MS. CLAY-JACKSON:
THE COURT:
THE COURT:
may we approach?
(BY MS. CLAY-JACKSON)
THE COURT:
relate to this case?
on hearsay.1
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158
THE COURT REPORTER: I'm
sorry, I didn't hear.
overrule the objection, go ahead and ask the
question, ma'am.
confessed to it, David Lawhon, in your
investigation revealed that he knew Mary Ann
Arldt, isn't that correct?
That's correct.
the area, some two weeks after Stacey Stites,
that also involved an earring, did it not?
The Mary Ann Arldt murder?
Yes, ma'am.
Your Honor, I'm
I'm going to
It's calling for
Your investigation of
There was a murder in
MS. TANNER:
THE COURT:
The State needs to have the right to
And in that murder the person who
hearsay.
going to object to that.
Okay.
(BY MS. CLAY-JACKSON)
David Lawhon revealed that he knew Mary Ann
Arldt prior to the murder, isn't that correct?
That's correct.
Your investigation into Stacey Stites's case
revealed that David Lawhon and Stacey Stites
knew ~ach other?
(BY MS. CLAY-JACKSON)
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159
necessity -- well, may I take the witness on
voir dire?
Objection, Your Honor, that's an irrelevant
voir dire question.
VOIR DIRE EXAMINATION
QUESTIONS BY MS. TANNER:
Q. Do you have any personal knowledge in what you
saw yourself eye-to-eye of Stacey Stites being
involved with anyone? Did you ever see her in
the whole wide world before she died?
MS. CLAY-JACKSON:
cross-examine anyone who would make this
allegation, and that's the basis for the
hearsay rule, and therefore any evidence of
this regard is hearsay that we are entitled to
have the person here, whoever they may be, and
cross-examine them.
THE COURT: The question was
does your investigation reveal that?
And by
I'm going to his
I'm going to let
Briefly.
MS. TANNER:
THE COURT:
MS. TANNER:
personal knowledge.
THE COURT:
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160
MS. TANNER: And that by
necessity would be hearsay, and the whole
reason for hearsay is so that we can
cross-examine.
CROSS-EXAMINATION (CONTINUED)
OUESTIONS BY MS. CLAY-JACKSON:
Q. In that regard, do you have personal knowledge
what transpired between Jimmy Fennell and
Stacey Stites?
knowledge whatsoever about anything that
Stacey Stites mayor may not have done before
her death, correct?
A. Correct.
Q. SO any knowledge that you would have about her
associations or her friends or whoever would
come from the mouths of other people, right?
A. That's correct.
you ask that question.
MS. TANNER: Thank you, Your
I'll sustain theTHE COURT:
So you would have no personal
objection.
(BY MS. TANNER)
Honor.
A. No, ma'am.
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161
Honor, it's exactly what people told him.
personal knowledge through his investigation.
Everything in his investigation i$ what people
have to be able to ask him about his
investigation and what he determined from hi$
We just
May we
Judge, we
It's
Yes, Your
I believe it's a
It's what people
Yes.
MS. TANNER:
MS. CLAY-JACKSON:
THE COURT:
MS. CLAY-JACKSON:
(Whereupon a brief discussion
was held off the record at
the bench.)
THE COURT:
That is not hearsay.investigation.
told him.
THE COURT:
good hearsay objection.
MS. CLAY-JACKSON:
and it's not personal knowledge.
went through a whole direct examination
talking about what his investigation revealed,
approach?
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162
No, ma'am.
and there weren't objections to it. I think
you have made a good record of it, and I
sustained the objection.
to a Christine Gardner?
Yes, ma'am, I did.
And when you spoke to a Christine Gardner, she
gave you a statement, did she not?
Yes, ma'am, she did.
statement, did you not?
Yes, ma'am, I did.
And you determined them to be true, did you
not?
No, ma'am, I did not.
You determined them not to be true?
That's correct.
When did Jimmy Fennell become a suspect in
this case?
I would say immediately.
Was there a search warrant issued to search
his home?
Not everything,
Ranger, did you speak
THE COURT:
You checked out the facts of thatOkay.
(BY MS. CLAY-JACKSON)
told him.1
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163
Some were.
No, ma'am.
took hair samples, is that correct?
That's correct.
And you also took saliva samples, isn't that
In this particular case, how many search
warrants were issued to search someone's home?
Just one.
And that was to Rodney Reed's home, is that
correct?
That's correct.
And that was almost a year after the incident,
is that correct?
That's correct.
And the search warrant to Rodney Reed's home,
there was no evidence of the Stacey Stites
incident found in his home, isn't that
correct?
That's correct.
Along with the blood samples you took from the
14 -- all these 14 men that you listed for
counsel, they weren't all Stacey Stites's
ex-boyfriends were they?
You took not only blood samples, you
But some were?
Okay.
Okay.
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164
correct?
That's correct.
You have had an opportunity to review all of
the analysis results of these samples, have
you not?
Yes, ma'am.
Did you take fingerprints or have all these 14
people submit fingerprints to you also?
Some we did.
Did you take fingerprints from Rodney Reed?
Yes, ma'am, we did.
The name tag that is seen -- there was a name
tag seen at the scene where Stacey Stites's
body was found, is that correct?
Yes, ma'am.
And that name tag was found placed in the
crook of her leg, is that correct?
It was in the crook of her leg.
The name tag was not visible until after -
unless you pulled the legs apart, is that
correct?
That's correct.
State's Exhibit Number 14a, the name tag is
not present in that scene, is it -- in the
photograph, is it?
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165
No, ma'am.
I show you 23a, the leg as compared to 14a.
14a is that where the leg has not been moved,
23a is where the leg has been moved and the
name tag has been revealed, is that correct?
That's correct.
You had, in conjunction with Karen Blakley,
this particular name tag marked for evidence,
did you not?
Yes, ma'am.
Gathered for evidence rather?
Yes, ma'am.
And that name tag -- and you had that name tag
printed, is that correct?
That's correct.
Did that name tag -- and that print on that
name tag was Stacey Stites's, was it not?
I don't recall, specifically.
There were two name tags, were there not, that
your investigation revealed?
Yes, ma'am.
One that was found near the scene and one that
was in the visor of the driver's side of the
pickup truck, is that correct?
That's correct.
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166
One of them was printed and the other was not,
isn't that correct?
I don't recall.
Was the second earring ever found?
No, ma'am, not that I'm aware of.
Was the dumpster ever searched, the dumpster
that was there at the site, at the high
school? Was that dumpster ever searched for
the earring?
Which dumpster are you referring to?
There was one dumpster at the site of the high
school at the time the pickup was found?
The sheriff's office, I believe it was,
informed me that they had searched a dumpster
at the high school.
And then to your knowledge that dumpster
that search did not reveal any further
evidence in the Stacey Stites case, is that
correct?
Not that I'm aware of.
In that you were the lead investigator in this
particular incident, did you also instruct the
DPS Crime Lab in what evidence you wanted to
be analyzed?
I spoke with them about that.
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The final decision whether the evidence was to
be analyzed -- whether the analysis was made
or not was up to the DPS lab, is that correct?
Is that what you're saying?
That would have been specifically my call. I
relied on their input.
You accompanied the body to the -- were you
present at the autopsy?
No, ma'am, I was not.
Did you designate someone to be present at the
autopsy?
I did not, no, ma'am.
And as the lead investigator, you didn't
designate anybody to be present at the
autopsy?
At that particular time, the sheriff's office
was working the homicide.
When did the Rangers become lead
investigators?
Probably within a few days.
A few days of the autopsy or a few days of the
incident?
Of the incident.
You testified as to what you considered to be
the route that Stacey Stites took to Bastrop.
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168
That information was garnered through Jimmy
Fennell, was it not?
Yes, ma'am.
Because you had no personal knowledge of how
she would get back and forth from Giddings to
Bastrop, did you?
No, ma'am.
The information about what was missing from
the inside -- what was misplaced or out of
place or different about the pickup, that
information was garnered from Jimmy Fennell,
was it not?
Yes, ma'am.
You had no independent recollection or
knowledge of what would have been in that
vehicle, did you?
No, ma'am.
You had no independent recollection of what
that cab would have looked like before you saw
it on the afternoon of the 23rd, did you?
That's correct.
Everything you know about the inside of that
cab came from Jimmy Fennell, is that correct?
Yes, ma'am.
Everything that is alleged to have been
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169
missing or misplaced came from Jimmy Fennell,
isn't that correct?
I'm sorry, I didn't hear the question.
Your knowledge about what was missing or
misplaced from the inside of that pickup came
from Jimmy Fennell, did it not?
Most of it, yes, ma'am.
In the course of your investigation, when
you're out in the field, you don't have your
computer out there with you, do you?
At times, yes, ma'am.
So you have a laptop out there with you?
Yes, ma'am.
And you write up your offense report notes
right out there at the scene?
Occasionally, yes, ma'am.
Are there occasions where you handwrite notes?
Occasionally.
In this particular case, did you handwrite any
notes?
During the investigation?
Yes, sir.
Yes, ma'am.
And do you refer back to those notes?
Once I -- I don't have those notes at this
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170
time.
The question is, Ranger, do you refer back to
the notes when you write your report?
When I write the report, yes, ma'am.
When do you destroy the notes?
After running the report.
You said after running it or after writing it?
Writing the report.
After writing the report you destroy the notes
that you just used to compile the report, is
that correct?
Correct.
How soon after you write the report do you
destroy the notes?
Usually at the time that I type the report.
And you said that you did investigate a
relationship or alleged relationship between
Stacey Stites and David Lawhon?
Yes, ma'am.
But you could not confirm that relationship?
That's correct.
And simply because you could not confirm it
does not mean that it did not exist, isn't
that correct?
That would be correct.
171
Yes, ma'am.
He's a lieutenant with DPS, is he not?
And he provided you samples, is that correct?
a Gordon Moore in this investigation?
Yes, ma'am.
Judge, may we
Sure.
MS. TANNER:
(Whereupon a brief discussion
was held off the record.)
THE COURT:
Yes, ma'am.
Did you have an occasion to speak withOkay.
Will Barton?
approach?
Yes, ma'am.
Blood, hair, saliva?
Yes, ma'am.
You said that you were investigating a Barton
concerning this particular incident?
I'm sorry, who?
A Will Barton?
And you had an occasion to speak with Mr.
Moore concerning his interrogation of Jimmy
Fennell, did you not?
That's correct.
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Yes, ma'am.
Your investigation revealed that Jimmy Fennell
was supposed to take Stacey Stites to work
Was it more than an hour?
No, ma'am.
Yes, ma'am.
Was it less than an hour?
Do
I asked
Objection,
Overruled.
He wasn't present.
So Lieutenant Moore did
Were you there during
MS. TANNER:
THE COURT:
MS. CLAY-JACKSON:
if he had knowledge.
(BY MS. CLAY-JACKSON)
the interrogation?
(BY MS. CLAY-JACKSON)
Yes, ma'am.
Less than two hours?
I don't recall the specifics.
But it was more than an hour?
calls for speculation.
speak with Jimmy Fennell, correct?
That's correct.
Do you have knowledge of how long that
conversation or that interrogation was?
you know?
I don't recall the specific time.
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ma'am.
Yes, ma'am.
In fact, they were so significant you put them
And you found very similar characteristics of
both murders; did you not?
Jimmy
And that those plans obviously changed?
No, ma'am.
You made a comparison, did you not, of Mary
Ann Arldt's murder and Stacey Stites's murder,
did you not?
A comparison?
A comparison of the characteristics?
Yes, ma'am.
You have no personal knowledge that those
plans changed, do you?
Yes, ma'am.
Yes, ma'am.
From Jimmy Fennell's accounting to you?
Fennell accounted to you that those plans
changed?
that morning, did it not?
It revealed what?
That jimmy Fennell was supposed to take Stacey
Stites to work on the morning of the 23rd?
It revealed that that had been discussed, yes,
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174
into your report, did you not?
Yes, ma'am.
You state that when you -- as an officer, when
you swear to an affidavit for a search warrant
or an arrest warrant, you're swearing about
personal knowledge that you have, is that
correct?
That's correct.
To whom did you speak to regarding Jimmy
Fennell's presence or lack of presence on the
early morning hours of the 23rd, late night
hours of the 22nd?
I'm not sure I understand your question.
Did you speak to friends of Jimmy Fennell
concerning his whereabouts on the late night
hours of April the 22nd or early morning hours
of April the 23rd?
We spoke to a number of people about that
issue.
About Jimmy Fennell's presence?
When you say presence
Where he was?
Yes.
You spoke to a number of people?
I can recall two or three, yes, ma'am.
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175
Okay. Who are they?
Carol Stites, David Hall, in particular.
David Hall is the fellow officer?
That's correct.
Okay. And they were not able to give you any
information about where he was, is that
correct?
Carol Stites provided some information.
Information that she supposed he was upstairs?
Right.
In his apartment?
That's correct.
And David Hall did not give you any
information, is that correct?
That's correct.
On 25a, do you recognize that?
Yes, ma'am.
And you recognize that as the belt -- piece of
the belt found at the scene where Stacey
Stites's body was located, is that correct?
That's correct.
And the belt as it's noted here, half on and
half off the roadway?
That's correct.
And when you follow that belt, toward the
II,, .
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176
thicket, it leads you to a white blouse, does
it not, to the best of your recollection?
There was a white T-shirt, I believe.
And then past that white T-shirt Stacey
Stites's body was discovered, is that correct?
That's correct.
So from the roadway you look at the belt and
then you go to the white T-shirt and then you
go to the body, is that correct?
That's correct.
Was Ed Selmala involved in the investigation
of this offense?
Initially, yes, ma'am.
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MR. GARVIE:
approach, Judge?
THE COURT:
May we
Sure.
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(Whereupon a brief discussion
was held off the record.)
21 Q. (BY MS. CLAY-JACKSON) It was Detective Campos
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who caused the pickup to be moved to the
wrecker yard, is that correct?
I don't recall specifically who it was.
was before I arrived.
That
177
Yes, ma'am.
Yes, ma'am.
And he invoked his right to an attorney.
(Whereupon a brief discussion
was held off the record.)
We need
Objection, Your
After Gordon Moore
MS. TANNER:
Other officers, as well, spoke with David
Lawhon concerning Stacey Stites, is that
correct?
I don't have any personal knowledge of that.
No one other than you was in the interview
room with David Lawhon when Stacey Stites was
discussed?
Not that I recall.
After --
MS. CLAY-JACKSON:
to approach the bench one more time.
(BY MS. CLAY-JACKSON)
interviewed Jimmy Fennell, you spoke with him?
With who?
Jimmy Fennell?
You personally spoke with David Lawhon
concerning Stacey Stites, did you not?
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178
No, ma'am.
No, ma'am.
No, ma'am.
Ranger, you have no personal knowledge, or
Because you had not issued a search warrant
prior to that either, had you?
That was in December of(BY MS. CLAY-JACKSON)
1996, was it not?
I believe that's correct.
And after he did that, you did not then issue
a search warrant for his residence?
Did you speak with Jimmy Fennell any more
after that incident in December of 1996?
I spoke with him afterwards, yes, ma'am.
Did you speak to him between -- did you speak
to him concerning Stacey Stites's murder
between January of 1997 and March of 1997?
Yes, I did.
Did he have his attorney with him at that
time?
Honor, that is not permissible questioning
with regard to Jimmy or anyone else.
THE COURT: It's overruled.
Go ahead, sir, you may answer the question.
Yes, he did.
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179
or many occasions to have items of evidence
tested for fingerprints in your career?
I would say many.
In those many occasions where you have had
items tested for fingerprints, were the
results of those tests, the fingerprint tests,
instrumental in helping you solve the offense?
In some they were, yes, ma'am.
in your
let me
Have you had fewback that up a little bit.
your investigation has no personal knowledge
as to the whereabouts of Jimmy Fennell on the
evening or early night hours -- late night
hours of the 21st -- the 22nd and early
morning hours of the 23rd, do you?
That's correct.
You do recall seeing a packet, empty packet,
of Big Red gum in the cab of the truck, do you
not?
That's correct.
Do you recall whether or not you instructed or
requested the criminalist to print that Big
Red gum packet?
I don't recall, specifically.
Ranger, has it been your experience
18-year career with law enforcement
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180
In your experience, is it an important tool of
law enforcement to have items of evidence
fingerprinted and tested?
Yes, ma'am.
So in your experience when you have the
opportunity to have items of evidence
fingerprinted you have found that it has been,
as you have said, in some cases beneficial?
Correct.
In some cases it has excluded people, is that
correct, as suspects?
Yes, ma'am.
And in other cases it has developed other
suspects for you, isn't that correct?
That would be true also.
So fingerprinting is not just an idle law
enforcement tool, is that correct?
I'm not sure I understand the question.
It's not an optional tool of law enforcement,
is it?
It's optional, yes, ma'am.
But if you really want to start ruling out
some people or suspects, you use fingerprints
sometimes, is that correct?
That would be one method, yes, ma'am.
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181
And it's your recollection that you can't
remember whether or not there was -- that you
instructed the crime lab to fingerprint the
Big Red gum packet?
That's true, I don't recall whether I did that
or not.
And your notes don't reflect, either, whether
you asked Jimmy Fennell if he chewed Big Red
gum, did you?
No, ma'am.
And your notes don't reflect, either, if
Stacey Stites chewed Big Red gum either, does
it?
No, ma'am.
When you -- in State's Exhibit Number 109, you
stated that you have had this in your
possession since it was taken from the car on
the 23rd, is that correct?
That's correct.
Did you go through and photograph all the -
I'm sorry, did you determine -- there were
photographs in this, is that correct?
That's correct.
And you determined who the photographs
belonged to?
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182
Some of them, yes, ma'am.
And the other photographs you were not able to
determine who they belonged to?
I don't recall. We may have determined all of
them, I don't recall.
I thought your testimony to Ms. Tanner was
that you knew this book back and forth?
I have been through it many times, yes, ma'am.
You do not know every photograph in here?
I don't specifically remember every photograph
that's in it.
There was another book of friends and close
associates that was provided to you by Ms.
Stites's mother, is that correct?
That's correct.
And you used that book also to develop further
leads, is that correct?
That's correct.
Is it a fair recounting of the facts to say
that you spoke with everyone or you instructed
one of the other members of your team to speak
to at least everyone in ~hese two books?
Yes, ma'am.
And in your 18 years of experience, have you
ever had a situation where close relatives of,
183
REDIRECT EXAMINATION
QUESTIONS BY MS. TANNER:
Q. Ranger, I have a few follow-up ques~ions for
you.
And you indicated on your cross-examination
that there were several similarities between
the two offenses?
With regard to the Mary Ann Arldt
case, the other murder that occurred in
Bastrop County, that was in Elgin, correct?
That was
That was in Elgin, was it not?
say, a deceased was unaware of a secret life
of the decedent?
I'm not sure. Can you rephrase the question?
Have you had an investigation -- have you ever
been involved in an investigation where the
relatives of the deceased were unaware of the
deceased -- some aspect of the decedent's
life?
Pass theMS. CLAY-JACKSON:
She was from Elgin.Yes, ma'am.
witness.
Yes, ma'am.
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184
Yes, ma'am.
You indicated that you actually, face to face,
talked with David Lawhon with regard to this
Yes, ma'am.
And were there also dissimilarities?
Yes, ma'am, there were.
And in that regard counsel asked you if there
was an earring that was missing, correct?
That's correct.
Was an earring turned over to you-all when you
were investigating this offense? If you don't
have personal knowledge, that's fine.
Which offense?
turned over to you?
Yes, to the district attorney's office, I
believe.
And who was it that turned that earring over
to them?
I don't recall.
Okay. And that earring that was turned over
to the DA's office was the missing earring,
correct?
In which case?
In the Arldt case-- again, I'm sorry.
Was an earring actuallyThe Arldt case.
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185
Yes, ma'am.
Yes, ma'am.
No, ma'am.
No, ma'am.
Now, how many times, approximately, didOkay.
That interrogation in December of 1996, that
was an extremely adversarial interrogation,
was it not?
Were you ever able to confirm any kind of
relationship between David Lawhon and Stacey
Stites?
all of you who were investigating this talk
with Jimmy Fennell before he invoked his
rights? Do you have an idea how many times
y'all interrogated him?
I would say four or five.
And you've already testified that many of
those interrogations were very adversarial,
were they not?
case, not the Arldt case?
That's correct.
Was there anything in that other address book
that would indicate to you in any way that
Stacey had any relationship at all with this
defendant or with David Lawhon?
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186
As a police officer, when a person invokes
their right to counsel, what happens? I mean,
what's the requirement of the police if a
person invokes their right to counsel?
offense, correct?
That's correct.
And Jimmy Fennell only invoked his after four
or five very adversarial interviews?
I wouldn't say they were all adversarial.
Okay. After four or five interviews?
That's correct.
And any police officer, that is one of the·
most basic things in training that you learn
is when somebody invokes their right to
counsel you leave them alone?
That's correct.
You indicated in response to counsel's
questions on cross-examination that you
couldn't account for Jimmy's whereabouts on
the early morning hours of April 23rd, 1996,
No more talking to them about the
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We no longer talk to them.
interview.
You have to stop?
That's correct.
That's it.
We terminate the
187
No, ma'am.
Yes, ma'am.
Did you try to?
Correct.
What is the standard for arresting somebody?
I mean, can you
Probable cause?what?
once you have probable cause?
By the way, what is required in order to get a
search warrant?
Probable cause.
And by probable cause, what do you have to do
correct?
That's correct.
Were you able in any way to dispute his
rendition of his whereabouts on that day?
just go search somebody, or are there
procedural steps you've got to go through?
There are procedural steps of preparing the
affidavit explaining what the probable cause
is, and show that to a judge to sign the
warrant.
And so only a judge can issue a search
warrant?
That's correct.
And a search warrant can only be issued on
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Is it also probable cause?
Yes, ma'am.
If you'd have had probable cause to arrest any
of the suspects before April of 1997, would
you have done so?
Yes, ma'am.
Can you tell us whether or not if you didn't
have probable cause to arrest them, do you
think you had probable cause to get a search
warrant on them?
Possibly.
But you had no probable cause whatsoever to
arrest anybody before April of '97?
That's correct.
Okay. With regard to the truck, when you saw
it, both on the 23rd and 24th of April of
1996, there were a number of items on the
floorboard, were there not?
Yes, ma'am.
And in your experience, if you open a door and
there are items on the floorboard, can things
fallout?
Yes, ma'am.
Did you have any way of knowing, whatsoever,
whether the piece of belt that was on the
189
No, ma'am.
Yes, ma'am.
Is it as easy as it looks like on TV?
Okay. Is it helpful to your investigation as
a law enforcement officer if you find a
I mean, is
And you indicated in response to
So that was the determining factor?
You indicated in response to counsel's
Okay.
Okay.
counsel's questions that fingerprints can make
a big deal in a case, right?
They can.
And in every case that you have submitted
evidence to be fingerprinted, have you gotten
fingerprints?
No, ma'am.
Okay.
questions that you took fingerprints from some
of the suspects but not all of them. What was
-- what delineated that?
Some of the suspects had prior criminal
history and their prints may have already been
on file with the Department. Others perhaps
weren't.
No, ma'am.
ground fell out or was put out?
there any way to know that?
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190
No, ma'am.
No, ma'am.
Yes, ma'am.
And do you know whether or not you can date
I mean, do you know if they
When you went out to Bluebonnet Circle
During the course of an investigation,
Okay.
on April the 23rd of 1996 and you were out
there for a number of hours, was that roadway
muddy at all?
if you sent in evidence to a lab for
fingerprinting and you determined that there
were no prints on the evidence, would that
exclude your suspect, the fact that there were
no prints? Would that tell you that your
suspect couldn't be the one?
Okay.
fingerprints?
only last for a short period of time or if
they can last for a very long period of time?
That I don't know.
person's print in their own home or in their
own car or in their own office or something
like that? Does that help you in any way?
It doesn't generally tell you a lot.
You would expect to find them there, would you
not?
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191
You indicated that even subsequent to Jimmy
telling you he didn't want to be interrogated
by you guys any more that you still talked to
him on some occasions?
MS. CLAY-JACKSON: I'm
sorry.
(BY MS. TANNER) After Jimmy said he didn't
want to talk to you any more, you still talked
to him on some occasions, correct?
That's correct.
And were there times when Jimmy would give you
names of associates and people that they knew
and that sort of thing?
After December?
Yes, after December.
No, ma'am.
Okay. Did he at any point in time when you
talked about that prior to December?
I only recall talking to him maybe twice.
You indicated that although the truck had been
moved from the high school by the time you
came on the scene, you actually went out to
that high school area, correct?
That's correct.
And did you-all do searches of the area
192
Yes, ma'am.
(BY MS. TANNER) I show you what has been
marked -- I show you what has been admitted
into evidence as State's Exhibit Number 56 and
ask you if you can identify what that item is?
surrounding that truck?
Yes, ma'am.
Did you do one, or did you do more than one?
Numerous.
Numerous searches?
May I approach
I believe it was
Yes, ma'am.
MS. TANNER:
THE COURT:
the witness?
the buckle end.
And what were you searching for?
The items that we did not recover.
Which were what?
Specifically, the keys to the vehicle, the one
earring, the portion of the belt, and also the
rest of the green plastic cup.
And when you're referring to the portion of
the belt, what are you referring to?
The victim's belt.
What portion?
Oh, what portion, I'm sorry.
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Yes, ma'am.
Yes, ma'am.
That's correct.
And if you look at State's Exhibit Number 56,
is there some sort of break on each end?
So when you were talking about looking for a
portion of the belt, you-all concluded there
was some other portion that was still missing?
Just a
No further
And what is State's Exhibit
MS. TANNER:
THE COURT REPORTER:
(Pause in proceedings.)
moment.
What is that?
Yes, ma'am.
(BY MS. TANNER)
56?
It's the belt.
That was found out by Stacey's body?
questions.
MS. CLAY-JACKSON: No
further questions. Subject to recall.
THE COURT: I'm going to send
you home now. It's after 5:30, a little after
5:30, and ask you to come back in the morning
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at nine o'clock. I remind you of the
instructions I've given to, you. You know the
instructions I'm referring to. Please obey
them. See you in the morning at nine
o'clock.
(Whereupon the Jury was
escorted from the courtroom
and the following proceedings
were had outside the presence
and hearing of the jury.)
THE COURT: We need to put a
couple of things on the record. I promised
the defense counsel an opportunity to make a
bill of exceptions in regard to Officer
Moore's interrogation of Jimmy Fennell, and
now would be the time to do that.
Let me put this on the record as
well, and that is, it's almost impossible for
the court reporter to take down bench
conferences in this courtroom so I have been
telling the lawyers as they approach the bench
that the conferences are not on the record,
and if you want them on the record I will
195
MR. GARVIE: Yes, sir.
MS. TANNER: Yes.
THE COURT: Now, do you want
to question him about this interrogation by
Officer Moore?
RECROSS EXAMINATION
QUESTIONS BY MS. CLAY-JACKSON:
Q. Ranger, Jimmy Fennell had an interview with
Lieutenant Gordon Moore, is that correct?
A. That's correct.
Q. Gordon Moore is a lieutenant with the
Department of Public Safety, is that correct?
excuse the jury and we'll make a record. As a
matter of fact, that happened one time, but
any time the lawyers approach the bench and
want a record of that bench conference, just
tell me that, and I'll send the jury out of
the room and we will make a record of it. But
that has been the understanding from the
get-go, right?
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correct.
we do.
MS. CLAY-JACKSON:
MS. CLAY-JACKSON:
That's
Yes, sir,
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196
That's correct.
His primary function -- or one of his
functions or duties is that of polygraph
examiner, is that correct?
That's correct.
And in his function as a polygraph examiner he
had occasion at your instance to interview
Jimmy Fennell, is that correct?
That's correct.
And that interview lasted more than an hour,
is that correct?
The best I can recall, yes, ma'am.
And your recollection after that interview of
an hour plus time was that Lieutenant Moore
gave you his assessment as to his
investigation, is that correct?
That's correct.
And his investigation meaning the polygraph he
conducted upon Jimmy Fennell, is that right?
That's correct.
That investigation and you were informed by
Lieutenant Moore that Jimmy Fennell's answers
revealed a deception, is that correct?
That's correct.
A deception in the area of "did you kill
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197
Stacey Stites?"
I don't recall.
Did you not get a copy of his report later?
Yes, I did.
You just have not reviewed it?
That's correct.
Are you also aware that Jimmy Fennell had
another polygraph exam in Bastrop County?
Was I aware of it?
Yes, sir.
Yes, ma'am.
Were you present during that interrogation?
No, ma'am.
Has Lieutenant Moore provided his services as
a polygraph examiner for you on other cases
you have been involved in?
He has.
And have you relied upon his polygraph
investigation to further your investigation in
some of those other c~ses?
I have, yes.
Okay. And further your investigation either
means to conclude this person to eliminate
this person as a suspect or to seek other
types of information concerning this person,
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198
is that correct?
That's correct.
There was nothing in this particular case that
caused you to deviate from what you had done
with the information that Lieutenant Gordon -
Lieutenant Moore has provided you in the past?
I'm sorry, could you ask the question again?
Lieutenant Moore's information to you in this
particular case, you had no reason to believe
that it was any different from other
information he provided you in other cases,
did you?
That's correct.
So when Lieutenant Moore told you that -- and
I think you will find that in your paragraph
187, page 73?
Paragraph what?
One of those we don't have -- 177. Have you
found it?
Yes, ma'am.
Your investigation did reveal that Jimmy
Fennell was deceptive in relevant questions,
is that correct?
No, ma'am.
Reported the second finding on the part of
199
I was informed by Gordon Moore that he was
deceptive on relevant questions.
report?
Yes, ma'am.
As part of your investigation?
Yes, ma'am.
MS. CLAY-JACKSON: No
further questions.
THE COURT: I understand you
wanted to offer this before the jury, this
testimony? Does the State object?
Your
And you put that in your offenseOkay.
Fennell relating to relevant questions.
investigation didn't reveal that?
No, ma'am, that would have been Gordon
Moore's.
Gordon Moore's investigation?
Correct.
Was Gordon Moore not a part of your
investigation?
Yes.
So the information you had to develop your
offense report, that you have been testifying
to, revealed that Fennell was deceptive in
relevant questions, is that correct?
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200
morning at nine o'clock.
bill of exceptions for the defense.
line of questioning is inadmissible.
(At this time a recess was
No, Your
This entire
Of course we
I'm going to
Any. other
It will stand as a
That's all polygraph, and
MS. CLAY-JACKSON:
MS. TANNER:
THE COURT:
taken until nine o'clock,
THE COURT:
Wednesday, May 6, 1998.)
Let's go home and come back in the
that's all utterly inadmissible.
object, Your Honor.
sustain the objection.
comments for the record?
Honor.
i!
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201
STATE OF TEXAS
COUNTY OF BASTROP
I, Carolee Murray, Official Court
Reporter in and for the 21st 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
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
transcription of the record of the proceedings
truly and correctly reflects the exhibits, if any,
offered by the respective parties.
WITNESS my hand this the 4th day of
August, 1998.
Carolee MurrayOfficial Court Reporter335th Judicial DistrictCertification No. 1938Expiration Date 12-31-98P.O. Box 2441Brenham, Texas 77834(409) 277-0707
Taxable Court Cost:
