IN THE CIRCUIT COURT OF THE

SIXTH JUDICIAL CIRCUIT

IN AND FOR TUSCALOOSA COUNTY, ALABAMA

 

STATE OF ALABAMA            )

                            )

VS.                         )     CC92-1893

                            )

BETTY WOODS WILSON,         )

                            )    

Defendant.        )

 

* * * * * * * * *

VOLUME III

 

TESTIMONY OF:

JENNIFER WILSON (Librarian Con’t) . . . . . . .PAGE 733

 

KEITH TUCKER (Security Officer–

Guntersville State Park) . . . . . . . . . . . PAGE 744

 

ROBERT HAWKINS (Security Officer-

Guntersville State Park). . . . . . . . . . . .PAGE 765

 

DAVID STORK (Desk Clerk at

Guntersville State Park). . . . . . . . . . . .PAGE 796

 

SHIRLEY SMITH (Vincent Grocery

Store Operator). . . . . . . . . . . . . . . . PAGE 806

 

LINDA BUSH (Head Teller, 1st Bank of

Childersburg-Vincent). . . . . . . . . . . . . PAGE 817

 

JEAN BAKER(Branch Manager, 1st Bank of

Childersburg-Vincent). . . . . . . . . . . . . PAGE 850

 

LINDA VASCOCU (Substitute School

Teacher-Vincent) . . . . . . . . . . . . . . . PAGE 867

MARTHA WALKER (Owner Bullet’s Video, Vincent). PAGE 890

MAVIS KENNEDY (Peggy Lowe’s Neighbor). . . . . PAGE 902

 

KELLIE JORDAN (Manager-Camelot Music-

Huntsville). . . . . . . . . . . .. . . . . . .PAGE 912

 

VINCE CARUSO (Associate-Camelot Music-

Huntsville). . . . . . . . . . . . . . . . . . PAGE 930

 

 

RON WHITE (Manager-Chick-Fil-A-

Huntsville). . . . . . . . . . . . . . . . . . PAGE 935

 

KAREN JAMES (Employee-Kmart). . . . . . . . . .PAGE 944

GARY HOUCK (General Manager-Ramada Inn). . . . PAGE 958

 

JIM GARRETT (Neighbor & Patient of

Dr. Wilson). . . . . . . . . . .. . . . . . . .PAGE 986

 

PETER WILLIAM COULTER (Shoe Manager-

Yeilding’s Department Store-Huntsville) . . . .PAGE 1000

 

JO ANN BAIRD MOORE (Owner-Sun Tropic

Tanning Salon-Huntsville). . . . . . . . . . . PAGE 1012

 

DAVID OLIVER (Custom Service Manager-

Parisian Department Store-Huntsville) . . . . .PAGE 1023

 

JOANN WILLIAMSON (Project Manager-

Design Supply Inc-Huntsville). . . . . . . . . PAGE 1033

 

DAVID WILLIAMS (Clerk-Whitesport

Pharmacy-Huntsville). . . . . . . . . .. . . . PAGE 1046

 

JUADINE BROOKS (Assistant Manager-

The Village Shoppe-Huntsville). . . . . . . . .PAGE 1055

 

SHELIA IRBY (Testified she saw James

White walking down Boulder Circle). . . . . . .PAGE 1068

 

BELINDA SCHUMANN (Dietician-Crestwood

Hospital-AA Member). . . . . . . . . . . . . . PAGE 1116

 

PEGGY BLACK (Wife of Police Officer/

Office Manager for Tim Morgan Campaign).  . . .PAGE 1125

 

JOEY LUTTRELL (Assistant Trust Officer-

SouthTrust Bank of Huntsville-

Executor of Dr. Wilson’s Will). . .  . . . . . PAGE 1145

 

EUEL DEAN CAGLE (Betty Wilson’s

Brother-in-Law). . . . . . . . . . . . . . . . PAGE 1170

 

 

 

 

 

 

 

 

Continued from Volume II Page 732

of work you do when you are not in school?

A     Yes, I do.

Q     What is that?

A     I work at the Huntsville Public Library.

Q     How long have you been there at the library?

A     A year and a half.

Q     Were you working there during May of last year as part of that year and a half?

A     Yes.

Q     Jennifer, you and I have met and spoken once before; is that right?

A     Yes, we have.

Q     Do you mind if I call you Jennifer?

A     No.

Q     You don't mind?

A     No, sir.

Q     Do you know Mrs. Betty Wilson here?

A     Yes, I do.

Q     Was she a customer of yours there at the library?

A     Once.

Q     I'm sorry?

A     I can only recall one time.

 

Page 733

 

 

 

 

 

 

Q    Only one time. Did you know Mrs. Wilson through some activity other than the library?

A    Yes, I did.

Q    Back before May of 1992, you did?

A    Yes.

Q    Is that right?

A    Yes.

  Q   How long had you known Mrs. Wilson?

A    Since the first of the year.

Q    Of ‘92?

A    Yes, sir.

Q    Okay.  Now, did Mrs. Wilson ever come into the Huntsville Library while you were working there?

A    Yes, she did.

Q    And why was she there or what did she do there?

A    She checked out a book.

Q    And was anyone with her?

A    Yes.

Q    Do you remember who that was?

A    Yes, I do.

Q    Who was it?

A    Her husband.

 

Page 734

 

 

 

 

 

Q    And who was that?

A    Jack Wilson.

Q    Did you know him?

A    Yes, I did.

Q    How did you know him?

A    I believe my father went to him.    He was his optometrist.

So lie was your father's doctor, then, or his eye doctor, I guess you might say?

A    Yes.

Q    All right. Was he a customer at the library, also, or did you just know him because he was a doctor?

A    I knew him because he was a doctor.

Q    What did Mrs. Wilson do there, by the way?

A    She checked out a book.

Q    When was that?

A    When was that?

Q    Yes.

A    I don't recall.

Q    Well, do you remember talking to me over at the Huntsville Police Department back in, oh, seems like a year ago but I guess it was two or

 

 

 

Page 735

 

 

 

 

three weeks ago?

A    Yes, I do.

Q    Let me let you look at this book,

Jennifer. Would you like to look at it? This is already  in evidence, by the way, as State's Exhibit No. 8 -- or excuse me -- 8.    The jury has already seen it, it's been passed around, that is.      Do you recognize that book?

A    No.

Q    Not at all?

A    I recognize it from the picture you showed  me, but other than that, I don't.

Q    Well, did you check out a book to Mrs. Wilson  that night?

A    Yes, I did.

Q    What kind of book was it?

A    A book on Sleeping Beauty.

Q    Okay.   Is this the book or a copy of the book?

A    I don't remember what the book looked like.

Q    You don't remember what the book looked like?

A    No.

 

 

Page 736

 

 

 

 

 

Q    What did you and Mrs. Wilson talk about? Did she ask you -- as a matter of fact, did she ask you about a book?

A    Yes, she did.

Q    What did she ask you about?

A    She asked me if I would help her locate a book on the ballet Sleeping Beauty.

Q    On the ballet Sleeping Beauty.  Did she tell you why she was interested in that?

A    Yes, sir.

Q    Why was that?

A    She was planning to see the ballet Sleeping Beauty and she wanted additional information on it.

Q    And did you know about this book?

A    No, sir.

Q    Did you have to look up a card or look it up on a computer?

A    Yes.

Q    How did you do that?

A    I did a subject search through our computer.

Q    Looking for what?

A    Looking for the subject Sleeping Beauty.

 

Page 737

 

 

 

 

 

 

Q     Okay. And what book did you find for

her? Was there more than one book?

A     I don't recall.

Q     You don't recall?

A     No.

Q     Did you go and get a book for her?

A     Yes, I did.

 Q      All right. And we showed you a

photograph, I think, a couple of weeks ago of that book, did we not?

A     Yes.

Q     And wasn't it the title of the book which you got for her?

A     Yes.

Q     Sleeping Beauty and the Firebird?

A     Correct.

Q     All right.  Now, you tried to -- I think you had to determine whether or not you were -- what day you were working, did you not?

A     Yes.

Q     On the day to find out what day that was. Did you go back and make a check to try to help find out what day it was you checked this book out?

A     Yes, sir.

 

 

Page 738

 

 

Q    What day was that?

A    I don't remember.

Q    You don't remember?

A    No.

Q    How long ago was it that you went back

and checked?

A    Over three weeks ago.

Q    Let me show you -- this is into evidence. Let me show you this card that's in the book. What is that, do you know?

A    It's a date due card.

Q    What is the date that's the last date on there?

A    May 20th.

Q    Didn't we talk about that -- or did we talk about that when we asked about when the book would have been checked out?

A    Yes.

Q    And how long are books checked out for?

A    14 days.

Q    14 days.  So what would this indicate, then, with a date due of May 20, 1992, about when the book was checked out?

A    It would have been checked out May 6th.

 

Page 739

 

Q    May 6th.  Did you work on May 6th?

A    I'm not sure.   I think it was the first Tuesday or something.    I work every Tuesday and Thursday, so if it was Tuesday or Thursday I was there.

Q    Okay.  Did you have any other discussion with Mrs.  Wilson about the book?

 A   No.

Q    Would it be your testimony that this is either the book that you checked out to her or a copy of it? Let me let you look at it.     You have been there a year and a half, this is a book from the Huntsville Public Library, is it not?

A    Yes, it is, but we check out 4,000 books a day.

Q    4,000 books a day. But how many books about fairy tales, the Sleeping Beauty and the Firebird, have you acquired for Mrs. Wilson ever?

A    Only one.

MR. COOK:   I apologize to counsel and I apologize to the Court.    We stipulate and agree that she checked out the book.    If that's what's in issue, why, it's agreed that she did.

MR. FRY: Thank you, Mr. Cook. The

 

 

Page 740

 

 

 

stipulation is this is the book she checked out?

  MR. COOK: Absolutely.

MR. FRY: Thank you very much, Ms. Wilson.  Have a nice trip back to Huntsville.

THE COURT: Hold on.   They may have some questions.

MR. HOOPER:  I may have one or two questions.

CROSS-EXAMINATION

BY MR. HOOPER:

Q    Ms. Wilson, how are you doing?

A    Fine.

Q    I believe I met you a couple of weeks ago; is that correct?

A    Yes, it is.

Q    Okay.  Was that sometime after you had had a conversation with Mr. Fry?

A    Yes, sir, it was.

Q    Okay.  And after that conversation did you report or have an occasion to talk to some members of the library about the way you were treated over there?

A    Yes, I did.

Q    Mr. Fry didn't ask you about this book

 

Page 741

 

 

 

 

 

and whether or not it was renewed; is that correct?

A    He asked me if it could have been

renewed.

Q    I mean, today he has not asked you about

it at all,  has he?

A    No, he hasn't.

Q    Now, this book was renewed on Saturday, May the 23rd?

A    Correct.

Q    Who renewed that book?

A    I did.

Q    Okay. Mrs. Wilson, had she ever attended anything or did anything over at your high school?

A    Yes, she had.

Q    Was it a program?

A    Yes, there was.

Q    What kind of program was it?

A    It was a drug awareness day that I organized.

Q    Okay.  And she was a speaker?

A    Yes.

Q    What was the topic?

A    She came as a spokesperson for Alcoholics Anonymous  and talked to psychology classes on the

 

 

Page 742

 

 

 

aspects of drug abuse.

Q     And were you impressed with her talk?

A     Yes .

Q     When did you find out about Dr. Jack Wilson's death?

A     On the day after it happened, that Saturday.

Q     I guess it was upsetting to you; is that correct?

A     Yes.

Q     Did you send a card or anything to the family?

A     Yes, I did.

Q     Why did you re-check out or renew the book?

A     I didn't have my address book with me at the library, and I wanted to send her a card on my break.  So I looked up her card to get her address, and I saw she had a book out and thought that perhaps her library books wouldn't be the first thing on her mind.  So I went ahead and renewed her book.

Q     Okay.  Back when Mr. Fry was talking to you or the police were talking to you, did they ask

 

 

Page 743

 

 

 

 

 

you about whether or not Mrs. Wilson had given you a little calling card or something of that nature?

A    I think I brought that up.

Q    Okay.  And could you find it?

A    No.

Q    And did he threaten you to search your house,  if you didn't find it, with a search

warrant.

A    Yes, he did.

MR. HOOPER: Your witness.

MR. FRY:  I was through with the witness. Thank you.

THE COURT: What's that?

MR. FRY:  No more questions.

THE COURT:   You may be excused, please, ma'am. Thank you.

KEITH TUCKER

being first duly sworn, was examined and testified as follows:

DIRECT EXAMINATION

BY MR. FRY:

Q    If you will, tell the jury who you are, please.

A    Keith Tucker.

 

 

Page 744

 

 

Q    And, Keith, where are you from?

A     I'm from Guntersville.

Q     From Guntersville. What do you do in Guntersville?

A     At this time I work for Guntersville Sheet Metal where I'm a welder.

Q     Are you married?

A     Yes, sir, I am.

Q     Kids?

A     Not yet.  We have one on the way.

Q     Got one on the way?

A     Yes, sir.

Q     How soon on the way?

A     In about six months.

Q     All right. Where were you working back in May  of last year?

A     I was a security officer at Lake Guntersville State Park.

Q     A security officer?

A     Yes, sir.

Q     What did that job involve?

A     Okay.  I work at the front gate, which involved checking in all vehicles and personnel that entered the park, and registering in the

 

 

Page 745

 

 

guests that came in after normal park hours.

Q    What kind of state park is that? What is there at Guntersville State Park or State Lodge?

A    Well, they have a lodge motel, there is a beach, multiple activities, you know, as far as fishing or hiking.  It's basically a state-owned resort.

Q    And is that located near Guntersville?

A    Yes, sir, it's about five miles out of Guntersville.

Q    Is that in Marshall County?

A    Yes, sir.

Q    On the river?

A    Yes, sir.

Q    Now, is there a main road coming from

town or coming from the direction of Guntersville that you turn off of to get to the park, in general?

A    Yes, sir.  Once -- well, there is Highway 227, which runs directly into Guntersville and it leads straight out to the park.

Q    Where is the gate that you spoke of located?

A    Okay.  It's about 150 feet off of Highway 227 going towards the entrance at the park.

 

 

Page 746

 

 

 

Q    Can you get into any part of the park itself  without going by the front gate?

A    There is one other entrance which is constantly fenced off, has a gate and it's constantly locked.   So basically that would be the only entrance in other  than on the water.

Q    I guess when we say "entrance," we are actually talking about a roadway?

A    Yes, sir, that would be the only

entrance.

Q    There is not a big fence around the whole park, in other words?

A    No, sir.

Q    Is this the gate where you were working back in May of last year?

A    Yes, sir.

Q    Now, how long had you been working there?

A    At that time I would say about four

months.

Q    Were you familiar with the park and the area around the park?

A    Yes, sir.  I grew up there.  I live very near by.

Q    Was there another fellow working security

 

 

Page 747

 

 

 

that night, also?

A     Yes, sir, altogether there was about four of us.

Q     Who were the other folks?

A     Okay. There was Robert Hawkins, he is another security officer.    Benny Bobo, which is a conservation officer.    And I can't think of the

other guy’s name right  off, another security

officer at the lodge itself.

Q     Mr. Hawkins here today?

A     Yes, sir, he is.

Q     All right.  Now, how far is it from the front gate of Guntersville State Park to walk to

the lodge?

A     Roughly three and a half miles.

Q     Three and a half miles?

A     Yes, sir.

Q     What kind of road is that between the

gate and the lodge?

A     From the gate , the first half mile or so

is a nicely paved road, then it Y's off and starts

up the mountain, which is a paved gravel road.

Q     Okay. And  does that go all the way   to the lodge then?

 

 

Page 748

 

 

 

A     Yes, it does.

Q     Does it go up a mountain, did you say?

A     Yes, sir.

Q     Is it a twisting, curving road?

A     Yes, sir.

Q     Are there some other things there inside the park, also, and not just the lodge?

A     Right.  As I said, there's multiple activities in there.   There's campgrounds, there's the motel built onto the lodge, there is challets, cabins, there's a beach and a couple of boat ramps, quite a few different things.

Q     Now, do you remember seeing or hearing about the murder of the doctor over in Huntsville last spring?

A     Yes, sir.

Q     Sometime after that were you contacted by some policeman in reference to that case?

A     Yes, sir.

Q     Do you remember when that would have

been?

A     I'm going to say somewhere around maybe the 22nd or 23rd.

Q     The murder, the crime or when you were

 

 

Page 749

 

 

 

 

 

contacted?

A      When I was contacted, I can't say for sure.   A couple of weeks afterwards.

Q      A couple of weeks after it happened?

A      Right.

Q      All right.   And who contacted you, do you remember that?

A      Officer Nunley and Officer Brantley.

Q      Brantley?

A      Yes, sir.

Q      The fellow behind me?

A      Yes, sir.

Q      Can you see him?

A      Yes, sir.

Q      They were from the Huntsville Police Department; is that     right?

A      Right.

Q      Where did you talk to them; where were

you when they talked to you?

A      Okay.  I was at the main park office, which is directly on Highway 227.

Q      Did you give them a statement?

A      Yes, sir.

Q      Do you remember back a couple of weeks

 

 

Page 750

 

 

before then,, was there a time when a gentleman -- well , what did they ask you about, let me ask you that.

A     Basically what had happened on the night, you know, that this had taken place, what I remembered about it, the description I could give

on the vehicles or the people.

Q     Did an event occur there at the gate the same night?

A     Yes, sir.

Q     Okay.

A     What had happened on that, Mr. White had approached the gate after normal closing hours, which would be 9: 00 p.m. and wanted access into

the lodge.

Q     And when would that have been in relation to the murder?

A     There was just a few days in between, I couldn't give you a specific date on that.

Q     Okay. But before the murder?

A     Right.

Q     All right. What happened?

A     Okay. I advised him that the park was closed to non-registered guests and that he would

 

 

Page 751

 

not be allowed in.    At this time I didn't know his name.  He told me who he was, who he needed to see, and I believe he offered me his drivers license to hold if I would let him to in and pick up -- to

begin with, I think he needed to pick up a package.

Q    All right.

A    And I explained to him that --

reiterated again on my procedures and why I

couldn't  let him in.   And he said he had driven a pretty long distance   and that he actually needed to pick up a book.   He would be in there just a few minutes and come back out.

Q    So did you let him in?

A    No, sir, I did not.

Q    Do you remember what kind of vehicle he was in, Mr. Tucker?

A    Okay.   He was in a dark-colored pickup truck,  probably four-wheel drive, just from looking at it.

Q    Do you remember anything else about the truck?

A    It had chrome wheels on it and the left quarter panel or the driver's side quarter panel

was a different color than the rest of the truck.

 

 

Page 752

 

 

 

 

Q    Let me let you look at what's been marked for identification as State's Exhibit No. P-58 and let you look at that picture, Mr. Tucker.

A    Yes, sir, that's the truck he was in.

Q    Does that look like the truck he was in?

A    Yes , sir.

Q    You described a pickup with a quarter panel damaged or painted and did you mention the wheel covers or the rims?

A    Yes, sir, chrome wheels.

MR. FRY: We move this into evidence, State's Exhibit No. P-58 -- excuse me, that's P-59.

THE COURT: It's admitted.

Q    Well, what did he do?

A    He said that it was important that he get in touch with Mrs. Wilson  and asked about his options, and basically the only option I could give him would be to go to a pay phone and contact her at the lodge.

Q    Was there a pay phone nearby?

A    There was a pay phone about two miles

away at another store, there was a pay phone outside.

Q    Did you tell him where that pay phone

 

 

Page 753

 

 

 

 

 

was?

A    Yes    sir.

Q    Did he leave?

A    Yes    sir.

Q    How long -- well, did he come back?

A    Yes, sir, he did.

Q    How long was he gone?

A    Approximately 15, maybe 20 minutes.

Q    What-happened when he got back?

A    Okay.  He came back, he again drove up to the guard  shack at the gate, he advised me that he had spoken with Mr. Stork, which is the dispatcher at the lodge or was at that time, and that Mrs. Wilson or someone would be bringing the book down

to him.  I advised him, you know, if he wanted to wait that was up to him, that he would have to wait outside the gate.   So I had him to back out of the gate and he parked on the side of the road next to the entrance.

Q    All right.   So he was waiting?

A    Yes, sir.

Q    What happened after he pulled over to the side and began waiting?

A    Okay.  I can't remember exactly if I

 

 

Page 754

 

 

 

radioed the lodge or if they radioed me first, to confirm that someone was coming down to meet with him.

Q     So you were notified someone was coming down, anyway, one way or another?

A     Yes, sir.

Q     Did they come down?

A     Yes, sir, they did.

Q     How long did that take, in your best judgment?

A     Just a few minutes, maybe another 15 or

20 minutes.

Q     And were you there when that person arrived?

A     Yes, sir, I was.

Q     Who was it?

A     It was Robert Hawkins.

Q     What happened when Mr. Hawkins got there?

A     He pulled up to the guard shack, pointed

towards the vehicle sitting outside the gate, and asked if that was the gentleman he was supposed to see.   I advised him it was, and he pulled on over to Mr. White's truck.    And at that point I was tied up with a couple of other vehicles, so that's

 

 

Page 755

 

 

 

 

 

basically

Q    Did you hear or see Mr. White or this gentleman, who was getting the book, say or do anything after that?

A    I didn't hear any of the conversation.   I believe I saw him, you know, when he handed Mr.

White the book. Like. I said, I was tied up with a couple of other vehicles, in the process of registering them into the park.

Q    And how do you know this was a Mr. White?

A    Okay. There, again, when the original

time he came down there and was trying to enter the gate, he told me his name and offered me his drivers license if I would let him in.

Q    To let him in?

A    Right.

Q    Did you see him leave?

A    I don't believe I did.  I can't recall

for sure.

Q    Were other people coming and going?

A    Yes, sir, I had gotten busy again about that time.

Q    And you were letting some people in; is that right, if they were guests? Is that what you

 

 

Page 756

 

 

 

 

said a moment ago?

A     Yes. Right.

Q     Turning other people away?

A     Right.  A registered guest could come and go as they pleased, they had to show proof that they were registered, such as a room key, if they were staying at the lodge or motel, or campground pass,

if they were staying at the campground.

Q     Is it your, testimony you saw Mr. White taking something that looked like a book?

A     Yes, sir.

MR. FRY: Answer whatever questions these gentlemen have, if you can.

MR. HOOPER:  I would like to see his statement.

CROSS-EXAMINATION

BY MR. HOOPER:

Q     Mr. Tucker, did you give the police a written statement?

A     Yes, sir.

Q     Okay.

MR. HOOPER: Have you got it?

MR. FRY: You got it.

MR. HOOPER: But I don't have it with me

 

 

Page 757

 

 

and I would Like to see his original statement.

MR. FRY : I can show you my copy.

MR. HOOPER:  That would be fine.

(Brief pause.)

Q    Mr. Tucker, at the time that you saw this individual and he told you he was going up looking to get a book out of a car, a BMW, did he not tell you the color of the car at that time?

A    I can't say for sure, but I don't believe he did.

Q    Okay.  You don't recall telling the

police that he said it was a gray BMW?

A    Not right off.  That may be possible, but right off, like I said, I  can't remember.

Q    If you can, try to recall the

individual's demeanor and  manner; how was he

acting?

A    He wasn't nervous or anything.

Q    Well, what I'm getting at, was he kind of a horse's patoot down there at the gate?

A    Not actually.  You know, he looked like

he was capable of it, I would say that.

Q    Okay.

A    But he was -- for me it was a typical

 

 

Page 758

 

 

 

night, someone coming in, you know, with a new ploy just about every night, trying to get past me at the gate.

Q    Well, he sure wasn't trying to be secretive, was he?

A    Not particularly.

Q    I believe you stated he even gave you his license is that correct?

A    He offered them to me.

Q    Offered them to you?

A    I did not accept them.

Q    Okay.  I believe you stated that you told him where  the nearest phone was; is that correct?

A    Yes, sir.

Q    And how far did you say it was?

A    About two, two and a half miles.

Q    Is that road -- does it have any lights

on it?

A    The highway itself?

Q    Yes, sir.

A    Very few.

Q    Now, this is at a point in time when it's night, it's dark; right?

A    Right.

 

 

Page 759

 

 

Q   And let's say from the gate up to the lodge, there is no lighting on that road either, is there?

A   Not past the gate, there is not.

Q   Would you call the area between the lodge and your  gate a secluded area?

A   Basically it would be.

  Q   How would you describe the area between the gate,  where you are posted, and the phone booth that you directed him to?

A   Well, from my gate to the other entrance, which is about a mile, there is another street

light there.   Then the main office is about a half a mile past there, which is pretty well lit. From

that point on you are going up another mountain which is -- you know, it would be another secluded area.

Q   Do you travel that road very often?

A   Yes, sir, I do.

Q   Are there a number of places that cars could pull over and people could meet on that secluded road?

A   There is on the road itself .  You really

can't leave the road.

 

 

Page 760

 

 

 

Q    But there is a number of places on that road; is that correct?

A    Yes, sir.

Q    Is there anything to prevent a guest from the lodge leaving the lodge and passing through the gate?

A    No, sir.

 Q    And if you  are registered at the lodge, you can pass through the gate and come back and get in, can you not?

A    Yes, sir.

Q    I believe you stated that when he first got there or the first message you heard was that

the book would be brought down by either the lady or a guard; right?

A    Right.

Q    And it was brought down by a guard?

A    Yes, sir.

Q    Did you have a subsequent occasion to

ever see this -- where is the -- this vehicle that's identified as State's Exhibit P-59?

A    I saw it again when the officers first came to take my statement.

Q    Okay. Mr. Tucker, I'll ask you to look

 

 

Page 761

 

 

 

 

 

at a statement I borrowed from Mr. Fry. I'll ask

you to look at that, maybe to refresh your recollection. Just kind of read through that statement.

(Brief pause.)

A     Okay.

Q     Okay. So the first time you saw this vehicle was what, May the 16th?

A     Yes, sir.

Q     And then I believe you told him that you had another occasion to see it, did you not?

A     Not the vehicle itself, a picture of it.

Q     Oh, just a picture of it?

A     Yes, sir.

Q     When I look at your statement it said

down here, "The truck I described on my first statement  came in the park about a week after this incident and it was from Blount.

A     Blount County.

Q     "-- Blount County."

A     Right. What I did on that, I had -- there was another black truck had come in and I had gotten the two mixed up.  I went back through my records

and looked up the tag number, the name off of that

 

 

Page 762

 

 

 

vehicle.

Q     Okay.

A     So I could get the two straight.

Q     So you are satisfied now it was not the same vehicle?

A     Yes, sir.

Q     Did you get close to this individual to determine  whether or not he was under the influence of any alcohol?     

A     I was standing within a couple of feet of him.  I don't believe he was.

Q     Okay.

A     If he was, you know, it was well masked.

Q     What about his speech, anything particular about his speech?

A     Nothing more, I guess, than the local drawl.

Q     Did he ever get out of his vehicle?

A     No, sir, he didn't.

Q     So you just observed him in the vehicle; is that correct?

A     Right.

Q     And what's the closest distance that you got to him?

 

 

Page 763

 

 

 

 

 

A    Like I said. about a couple of feet.

Q    Okay.

MR. HOOPER:  No further questions.

MR. FRY:  Just a couple of other things. REDIRECT EXAMINATION

BY MR. FRY:

Q    You may have said it and I was going through these documents, I hope I didn't miss it. About what time was it that he actually came?

A    Somewhere between 10:00 and 10:30.

Q    Somewhere between 10:00 and 10:30?

A    Yes, sir.

Q    And what time on that night did you close

that gate; how long had it been closed?

A    It closed at 9:00 p.m.  So anywhere from an hour to an hour and a half.

Q    So it had already been closed since 9 o'clock?

A    Right.

MR. FRY: I believe that is all.

THE COURT:  Any more questions?

MR. HOOPER: Just a minute.

(Brief pause.)

MR. HOOPER:  No further questions.

 

 

Page 764

 

 

THE COURT: All right.

MR. FRY:  That is all we have.   We would ask that the witness --

THE COURT: Mr. Tucker, you may be excused.

MR. FRY:  -- be excused?   Yes, sir.

ROBERT HAWKINS

being first duly sworn, was examined and testified as follows:         

DIRECT EXAMINATION

BY MR. FRY:

Q     Can you tell us who you are and what you do, please, sir?

A     My name is Robert Hawkins, I'm a security officer.

Q     And, Robert, where are you from?

A     Albertville, Alabama.

Q     Is that your home?

A     Yes, sir.

Q     Did you grow up around there?

A     More or less.

Q     More or less?

A     Yeah, there and DeKalb County some.

Q     Are you married?

 

 

Page 765

 

 

 

 

A    Yes, sir.

Q    Do you have any kids?

A    I've got two.

Q    Two?

A    Yes.

Q    Back last spring, more particularly in May of last year, where were you working?

A    Lake-Guntersville State Park.

Q    What did you do there?

A    I was a security officer.

Q    What were your duties as a security

guard?

A    We more or less kept patrol over the

park, buildings, parking lot, whatever come up.

Q    How long had you been there in May of

last year? As of May of last year, how long had you been a security guard there?

A    I believe just a little over a year.

Q    Okay.  And did you work all over the

place or was there one particular part of the park where you worked?

A    More or less I patrolled -- or mine and

my partners, it consisted of mainly the lodge, and we would change patrol and one would patrol

 

 

Page 766

 

outside, one-would patrol inside.

Q    Now, back last year, do you remember last spring, did you see on the news or hear about the doctor over in Huntsville, Dr. Wilson, being

killed?

A    I believe so.

Q    Did you talk to the police about that after it happened?

A    Yeah. Two detectives, I believe, come over to the state park and talked to us.

Q    Okay. What did they talk to you about?

A    They wanted us to identify some pictures, if we had seen anybody at the lodge or had seen some people there, and they showed us different pictures and asked us if we could pick out anybody we had

seen there and we did.

Q    Pictures of a man or woman?

A    Both.

Q    Both.  Did you pick one out?

A    Yes, sir.

Q    Who was it; do you know?

A    Yes, sir.

Q    Who was the fellow?

A    Which one you referring to, man or woman?

 

 

Page 767

 

 

Q    The man.

A    The man was James White.

Q    James White.   Now, how did you -- had you come  into some contact with James White?

A    Before this time?

Q    Yes, sir.

A    No, sir.

Q    At the park?

A    At the park, the only contact I had with James White was to deliver him a book.

Q    When was that? About what time was that? I don't mean of the evening, but in relationship to when you heard about the doctor being killed or the policeman coming to see you, either one, how long had it been since you had seen James White?

A    From the time I had seen the detectives,

I guess, a couple of weeks, something like that, or a little longer.

Q    Do you remember what night it  was that

you saw him?

A    I believe it was on a Saturday night.

Q    All right.  Saturday night.   Do you remember anything about what was going on at the lodge that evening?

 

 

Page 768

 

 

A     Yes, sir, we had an AA convention going on.

Q     Is that a big deal?

A     Pretty much.  They had pretty much consumed the whole lodge.

Q     How big is that lodge?

A     Pretty big.

Q     They consumed the whole lodge?

A     Well, more or less.  They take care of all the rooms and all.  I don't mean eat it.

Q     You might want to think about that.

A     They pretty much fill it up.

 Q     They drink a lot of coffee, I bet, don't they?

A     I tell you.

Q     About how many people do you think were there at the lodge that night?

A     Several hundred.

Q     Several hundred?

A     Yes.

Q     Does that mean two to three hundred?

A     I would guesstimate over 300, probably.

Q     Over 300?

A     Yeah.

 

 

Page 769

 

 

 

 

Q    Now, where is the lodge in relationship

to the front gate there at Guntersville?

A    It's approximately two miles up on top of the mountain.

Q    And where were you working that evening?

A    I was working --

Q    Were you at the gate or all over the rest of the place?

A    That night I believe was my turn to work inside the lodge.

Q    Did you get a call or did you receive a message to contact a guest there at the lodge that night?

A    Yes, sir.

Q    And who were you to contact?

A    Betty Wilson.

Q    Betty Wilson.  Do you know what time it was when you got that message?

A    I think it was somewhere around 10:00, somewhere around in there.

Q    Okay.

A    If I remember right.

Q    10 o'clock. What time does the gate

close?

 

 

Page 770

 

 

A    Gate closes at 9 o'clock.

Q    Was the gate closed when you got the message?

A    Yes, sir.

Q    What was the message?

A    The message we were to deliver was she

was to  come to the front gate -- or excuse me, come to the front desk, there was somebody waiting at

the front gate for her for a book.

Q    Okay. And you were looking for her, is that what you said?

A    Right.

Q    Did you find her?

A    She came to the desk. I had left word with some   of the groups and some of them said they knew her,   they would get word to her. As I was coming up   -- I didn't know her at the time, but she was approaching the front desk, and I just kind of, guess, eased on up there, and the front desk clerk, he told her the message and told me I could deliver the book for her or she could, either one.      And I was volunteered.

Q    You were volunteered.     What do you mean by that?

 

 

Page 771

 

 

 

 

A     Yes, sir, I was told I could do it.

Q     She was offered either to take it herself or for you to take it?

A     Yeah.

Q     So who decided you would take it?

A     Well, being nice about the matter, I

me and the front desk clerk decided I would take it.

 Q     You and the desk clerk or the front desk

clerk decided you would take it?

A     More or less him.

Q     Did you have other things to do at that time, Robert?

A     Well, we were busy patrolling on -- I

was, on the inside.  The convention like it is, you have to watch the people and make sure nobody is

hurt or falls off the balcony out back. It has happened.

Q     How about the parking lot, was the

parking lot full that night?

A     Pretty much.

Q     Pretty much.  Okay.  Let me back up just a minute.  You say you heard -- did you hear Mrs. Wilson and the clerk have a conversation about the book?

 

 

Page 772

 

 

A     She told him -- or he told her that there was somebody at the gate.     I didn't hear the name he spoke, that somebody was waiting for a book, and it went from there.

Q     So what did you do after --  by the way, what  did she look like?

A     Short hair, I guess brunette.

Q     She a nice-looking lady?

A     Pretty nice.

Q     What did you do then with Mrs. Wilson,

did you go  somewhere with her?

A     Yes, sir.

Q     Where did y’all go?

A     We walked out the front door and went

from there  to the parking lot where she was parked.

Q     Now, tell the jury about this parking

lot.   There is probably some of them, I'm going to bet, that haven't been to Guntersville State Lodge, maybe they have, but what kind of parking lot is out there?   Is it a big parking lot or little parking lot?

A     Yes, sir, it's a fairly big parking lot. You have got several sections of it, divided off by

a median and stuff.    Some of it kind of hilly like.

 

 

Page 773

 

 

 

Q     Robert, I'm going to ask you to do something for me.   Do you think you could draw just a simple sketch of  the lodge and what the parking lot looked like on  this board for me?

A     I'll try.  No promises.

Q     Now, we are not going to grade you for artwork, okay?

A     All right.

Q     First draw  the lodge and then we will let you draw -- and whenever you say something,

remember this gentleman over here behind me has got to hear you say it, okay?

A     Okay.

Q     Talk loud enough for him to hear you.

Just take your time, just forget about the fact

that 300 people are watching you.

A     We have got a wing that comes here and comes down thataway.

(Brief pause.)

A     Okay.  You have a parking lot area --

Q     I tell you what do, just finish your drawing and then we are going to let you stand back and show the jury.

MR. COOK:   If Your Honor please, I'm

 

 

Page 775

 

 

 

Have you made a sketch of the way the parking is there?

A    Yes, sir, more or less.

Q    Okay. Would you describe for the jury what you have drawn there as it applies to the way your parking lot is.

A    Okay.  This would be your lodge here and you have  out-front parking for 15 minutes or less right here.   Security would park right in here, but that night everybody parked there.    You have got a parking lot on A Wing, goes on around to right here. This here is just trees.   Go around here, you have got a larger parking lot here, and you go straight across and you have another parking lot.     It goes on around to B Wing, there is a parking lot all the way around through here.   Okay.  This right here comes into the parking area right here.

Q    Robert, use your pointer while you have got it there. Where were you and Mrs. Wilson when you first met up with her?

A    Okay.  We was inside the lodge at the front desk.

Q    At the front desk?

A    Yes, sir.

 

 

Page 776

 

 

 

 

 

 

Q    Just basically where is that on the building part?

A    You walk inside the lodge, you would walk approximately across here to the other side, it would be somewhere around in there.

Q    You were instructed to go with her and to take a book down to the gate; is that right?

A    I was instructed to go with her to her car, she was going to give me a book, then I would carry it to Mr. White.

Q    Now, did you go to her car with her?

A    Yes, sir.

Q    How did you get down there? Did you have a car or did you walk?

A    We walked to the car.

Q    How far was it from the building to the car?

A    Okay.  We left the lodge here and we come out down through there, and there is some trees right in here going to this right here, and walked across there and she was parked right there.

Q    What kind of car was it, if you remember?

A    I can't remember the make of the car. It

was a dark-colored car, is all I can remember.

 

 

Page 777

 

 

 

 

Q    All right.  Did you get the book out of the car?

A    No, sir, she did.

Q    She did?

A    Yes, sir.

Q    Was the car locked?

A    No, sir.

Q    She got the book out; is that right?

A    Yes, sir.

Q    Did you see her do that?

A    Yes, sir.

Q    Where was the book?

A    In the back seat.

Q    In the back seat?

A    Yes, sir.

Q    Your recollection is the car was not locked?

A    That's right.

Q    What were you doing while she was in the car?

A    I was just down there waiting on her to get the book out.

Q    What did she do after she had gotten the book out?

 

 

Page 778

 

 

 

 

 

 

 

 

A       She got the book out and she handed it to me, and I asked her if there was anything she wanted me to tell him, and she said, "Yeah," said, "give

him the book and tell him to have a good time, don't lose the book."

Q       "Have a good time and don't lose the book"'?

A       Y e a h.

Q       Now, were     there other cars around her

car?

A       Yes,   sir.

Q       How many cars were in those parking lots that night, in your best judgment, Robert?

A       The parking lot that night was pretty

full to the extent where she was parked at. The lower part down here, this part right here, was scarce, and this area right here was a little

scarce right in here, but the rest of it was pretty full.

Q       And you said you had how many people in the lodge?

A       A couple of hundred, around three or

more.

Q       What did you do after you took the book?

 

 

Page 779

 

 

 

 

A    Okay.

Q    Did you have any more conversation with Mrs. Wilson?

A    No, sir.  After I got the book, we walked back to the front of the lodge, and she went inside and I got in my truck and carried the book to the front gate.

      Q    Okay. And you have sketched on your diagram a  road going from the parking lots.   And is that to scale? It's   not, is it?

A    Well --

Q    How far is it from the parking lot down

to the gate, Robert?

A    From the parking lot to the gate it's two miles.

Q    Did you drive down there?

A    Yes, sir.

Q    You all have a security vehicle?

A    Yes, sir.

Q    or a car?

A    We have got a truck we drive.

Q    Now, before this time, had you seen or heard of the person that you were delivering the book to?

 

 

Page 780

 

 

 

 

 

 

 

A     Before meeting her, no, sir.

Q     So you went down to the front gate; is that right?

A     Yeah.

Q     And what did you see or what happened

when you got down there?

A     When I got to the front gate, I pulled on the farside. --The gate would be on this side of the road coming straight down, it would be right here.

Keith Tucker, he was busy logging in a few cars, and Mr. White's vehicle was parked just outside the

gate a little further down.

Q     What kind of vehicle was that?

A     It was a pickup truck. Gray or

something, I can't remember exactly.  But he was parked there, and I walked over and asked him if he was the fellow that was waiting on the book, and he said, yeah, and he had driven a long way, driven

from Birmingham, I think he said.  And then I just more or less, have a good night, and he backed out and that was it.

Q     Did you give him the message from Mrs. Wilson?

A     Yeah.

 

 

Page 781

 

 

 

 

 

Q    What did you tell him?

A    I told him, "She said have a good night, don't lose the book."

Q    All right.

A    He said, "Okay."

Q    And he took off?

A    Yes.

Q    All right.  What did you do after that,

go back to the lodge?

A    Yes, sir. Resumed patrol after that.

MR. FRY: Robert, thank you. Thank you for your patience with me.   If you will, I'm sure

Mr. Hooper has some questions for you.

MR. HOOPER: Robert, I'll let you stand

up there.

MR. FRY:  Can I do one more thing,

Charlie?

MR. HOOPER: Sure.

MR. FRY:  I got carried away with this drawing.  Take your seat, Robert.   That is, I almost forgot the book.

Q    (By Mr. Fry:) Let me show you what's

been marked as State's Exhibit Number 8 and let you look at that, Robert.  Don't read it, now, just look

 

 

Page 782

 

 

 

at it.

A    Okay.

MR. HOOPER: Mr. Fry, we stipulated

that's the book.

MR. FRY: Thanks.  I want him to look at it.

Q    Have you seen that before?

A    Yes, sir.

Q    Is that the book Mrs. Wilson gave you?

A    Yes.

Q    And you gave to Mr. White?

A    Yes.

MR. FRY: That's all. Thank you.

THE COURT: Cross-examination.

MR. HOOPER: Robert, let me get you to walk back up here, and I'll just get up here with you. Okay?

THE WITNESS: All right.

CROSS-EXAMINATION

BY MR. HOOPER:

Q    Let me get your pool cue up here and, I tell you what, if you will, stand right there and we won't block anybody. This area right over here of what you have got drawn up, is this where there is

 

 

Page 783

 

 

 

 

some chalets?

A    Yes, sir.

Q    Okay. And is there a roadway that comes near this parking area right over here?

A    Yes, sir, the roadway would come up and --

Q    I tell you what, just go ahead and mark

it.   

A    You have a roadway that would come on down, sort of like this, and come up and kind of

 

 

make a little circle there and goes on down a little further to the other chalets.

Q    And, Robert, is there better-lit areas in this parking lot than others? Are some better lit than other places?

A    Yes, sir.

Q    Okay.  In fact, do you have pretty good lighting going up into the entrance right in

through here?

A    Pretty much.

Q    Okay. Then you have some lighting to the side; is that correct?

A    Yes, sir.

Q    So where this car would be parked, would

 

 

Page 784

 

 

be about as well lit as you are going to get; is

that right?

A   Well, the lighting in the whole parking lot, not trying to defer or nothing, but the best lighting would be right there in front of the

lodge.

Q   Yeah, but you can't park there?

A-  No, sir, just 15 minutes.

Q   Sure. So if you can't park there --

A   You have got sparse lighting in through here.

Q   But this is about as well as you're going to get?

A   At the time.

Q   All right.   Now, if you wanted to hide a car out there, are there some areas that you can park and pretty well -- more secluded areas?

A   Yes, sir, there are more secluded areas than that.

Q   All right.   I'll let you sit down.

A   Appreciate it.

(Brief pause.)

Q   Robert, when you walked Mrs. Wilson out there, did y’all chit-chat?

 

 

Page 785

 

 

 

 

 

 

 

A     No, sir.

Q     Well , did she seem to be all right?

A     Yeah.

Q     Kind of a friendly sort of a lady?

A     Yeah, she seemed pretty nice.

Q     In fact, did you walk her back up to the lodge?

A     Yes, sir.

Q     In fact, did you take her back to the front door there?

A     I walked her back up to the entrance to the lodge, not up to the front door, but from there she went on inside.

Q     All right. And I had the pleasure of visiting in your home here several weeks ago; is that right?

A     Yeah.

Q     And I believe I brought a video out to you for you to look at; is that correct?

A     Yes.

Q     All right.

(Brief pause.)

Q     Robert, I'll let you look at what's been marked as  Defendant's Exhibit 23, and has that got

 

 

Page 786

 

 

 

 

 

your initials somewhere?

A    Yeah, right there.

Q    And did you view that video?

A    Yes, sir.

Q    And did it fairly and accurately depict and portray the lodge and the parking area that you have described up here?

A   Yes, sir.

Q    Does it also depict the area where Mrs.

Wilson parked her car?

A    Yes, sir.

Q    Okay.

MR. HOOPER: Judge, we would offer Defendant's Exhibit 23.

MR. FRY:  No objection.

THE COURT:  23 is admitted.

MR. HOOPER: All right.   We are going to have to find somebody that knows how to operate

this machine.

Q    Robert, if you would, I tell you what, I would like for you -- let's let you stand over here, if you would, and we will play this, and, if you would, describe exactly what we are seeing.

(Brief pause.)

 

 

Page 787

 

 

MR. HOOPER:  Judge, can we take a break? obviously I don't have the thing ready to play.

(Brief pause.)

(Whereupon, Defendant's Exhibit 23, the videotape, was played to the Court and jury as follows:)

A     Okay. That would be the front of the lodge there.

Q     All right. Would this be where you would have walked Mrs. Wilson?

A     Yeah.

Q     Okay.

A     We came out there.  The entrance is on

the right. And we come down those steps there.

Q     I tell you what, Robert, if you want to come over here beside it, and that way you can point, too.

A     Okay.

Q     All right.

A     We walked basically out through here, across down through this area right here.

Q     All right.

(Brief pause.)

A     We walked on the other side of this in

 

 

Page 788

 

 

 

 

 

between there.

(Brief pause.)

A     And we walked through these trees right here.   Her car was parked approximately where that one is  right there.

Q     Okay. Parked where?

A     Approximately where this one is right here.

Q     Okay.  Now, this would also depict the lighting,   would it not, the lighting up here?

A     Yes, sir, you have got lights here, here, and I think there is one light there, or is that a tree?   It may be a light.

Q     Okay.

(Brief pause.)

Q     Let me stop it right here, Robert.

A     All right.

Q     Try to -- I'll -- let's back it up just a hair.   All right.  What is this area back down in here,  please, sir?

A     Okay.  This right down here basically is road or drive that comes around.    There is a couple of parking places, you can park down in there, it's not too well lit.

 

 

Page 789

 

 

 

 

 

Q     Okay.

A     You come on around here and this is

B Wing he is showing right here, coming back again to the lodge.

Q     All right.  Would this show actually where you  walked with Mrs. Wilson, this frame?

A     Yes.

Q.    All right.

A     Well, basically you can see the front of the lodge, see right there? And we came out, kind of walked down through here, through these trees here.

Q     Okay.

(Brief pause.)

Q     All right.  Let me -- all right.  Is this the drive, main drive, coming up?

A     Yes, sir, this is the entrance to the lodge itself.

Q     And it's got lighting on it

A     Yes, sir.

Q     -- itself; is that correct?

A     Yes, sir.

(Brief pause.)

Q     Okay. You had described earlier there

 

 

Page 790

 

 

 

was some 15-minute parking; is that correct?

A    Yes, sir.

Q    Where would that be?

A    Okay.  Your 15-minute parking is

basically   here in front of the lodge.   After that we can determine whether or not, you know, a car has been there too long or whatever.

This area right here, more or less, is

just for  drop-off and pick-up.

Q    Robert, what is this area right down

here?

A    Okay. Right to the other side of this median here would be security parking, where we

park.  And just over the hill, down and below there would  be another parking lot.

Q    Okay.

A    Some of the employees use it, some of

them don't.

Q    That wouldn't be visible from standing up here; is that correct?

A    Standing right there?

Q    Yes, sir.

A    It would be hard to see anything.

Q    Okay.

 

 

Page 791

 

(Brief pause.)

Q     All right.   Tell us what we are looking

at right here, please, sir.

A     Okay.  That looks like the parking lot just as you come off the front of the lodge.       In other words, if you were coming from the lodge facing this way, you are coming off to your right.

Q     All right.   Is that -- would that be this area down   in here?

A     Yes, sir.

Q     Okay.

A     That would be the area right there,

A Wing  parking lot, which comes on around.

Q     There are some suites at the lodge?

A     Yes, sir.

Q     Where would those be?

A     Your suites would be on either corner of the A Wing  or B Wing.

Q     Let's assume that Mrs. Wilson was staying in the suite in A Wing.    Where would that be?

A     Okay.  You have got your suites top and bottom  right here.

Q     Okay.  That would be on the very corner;

is that correct?

 

 

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A    Yes, sir.

Q    And then off this parking lot, adjoining to it,  would be what?

A    Okay.  Off this parking lot coming up behind  here?

Q    Yes, sir.

A    Okay.  You would have the area I drive to come up by this chalets.

Q    And there is a drive?

A    Yes, sir.   It comes way up.   There is some steps goes  down  right there.

Q    Would that be a secluded area?

A    Yes, sir, pretty much.    In behind there.

Q    Again, this is what, the top lot?

A    Nearly.  You are right at the corner

there.

(Brief pause.)

Q    Let me stop you.   What is that, is that also maybe a better view of the suites?

A    Yes, sir.

Q    Okay.  This would be the end of the building?

A    Yes, sir, that would be -- well, actually your suites starts off that wing, then the top

 

 

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suite and bottom suite.

(Brief pause.)

Q     All right. Would this -- can you tell me what this is behind the trees in here?

A     Okay.  You can barely see right there, a drive that comes up here and makes a little circle right here and comes back and goes all the way down to the-o+-her end of the chalets.

Q     Okay.

(Brief pause.)

Q     And this view would be from where?

A     You would be standing in the lower part

of the A Wing parking lot.

Q     Okay.  Cars parked in this area right

here next to this embankment, could it be viewed very easily from anyone standing up here near the front of the lodge?

A     If you are standing on back just a little piece, it would be hard to see right down in there. If you walk on out on the edge, you can see it, but it's kind of hard to see down through there.

(Brief pause.)

Q     Okay, Robert, you can go back and have a seat.

 

 

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(Whereupon, the playing of the videotape, Defendant's Exhibit 23, was concluded, and the following occurred: )

Q     Robert, are you familiar with the drive

from the gate up to the lodge?

A     Yes, sir.

Q     Is that a fairly -- well, at night is it

fairly a secluded area, not very well lit?

A     From the drive all the way down to the front gate?

Q     Yes, sir.

A     After you leave the front of the lodge

you have got no lights at all.

Q     Okay. Are you, also familiar with the

road between the gate and going back towards Guntersville?

A     Yes, sir.

Q     How would you describe that road at

night?

A     Very dangerous.

Q     Okay. And is it a road that has a number of places where a car could be concealed or people could meet?

A     Yeah, there's places you could pull off.

 

 

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MR. HOOPER:   No further questions.    Thank you.

THE COURT:   Any more questions?

MR. FRY:   No, Your Honor, no other questions. And we would ask this witness be

excused,  Your Honor.

THE COURT:   Mr. Hawkins, you may be excused. Thank you, sir.

MR. FRY:   Call David Stork.

DAVID STORK,

being first duly sworn, was examined and testified as follows:

DIRECT EXAMINATION

BY MR. FRY:

Q    If you will,  please, sir, state to the ladies and  gentlemen of the jury your name.

A    Dave Stork.

Q    And what do you do?

A    I'm a desk clerk at Lake Guntersville State Park.

Q    Mr. Stork, how long have you been there?

A    Two years.

Q    So you were working there in May of last year; is that right?

 

 

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A    Yes, sir.

Q    You were employed by the park?

A    Yes, sir.

Q    Are you from the Guntersville area?

A    Yes, sir.

Q    And what exactly do you do there?

A    Check people in and out and just take

care of general stuff like that.

Q    What is your position now?

A    Right now?

Q    Yes.

A    I'm reservations clerk.

Q    Reservations clerk?

A    Yeah.

Q    Going back to May of last year, what were you doing at that time?

A    I was front desk clerk and back-up night auditor.

Q    Front desk clerk and --

A    Back-up night auditor.

Q    What does that mean?

A    I worked night audit when the regular auditor wasn't working.

Q    What does a night auditor do?

 

 

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A     Makes sure everything balances out for

the day and closes out the day.

Q     So you check up the -- count the money

and check the books up at the end of the day?

A     Yes, sir.

Q     Handle daily receipts?

A     Right.

Q     You are not the bookkeeper?

A     No.

Q     Now, back in May of last year, you were working there and working the front desk then; is that right?

A     Right. I was working second shift.

Q     Do you remember last spring learning of the death of a doctor over in Huntsville or were you contacted about the doctor's death?

A     Yes, sir.

Q     When was that, do you remember?

A     It was a couple of weeks afterwards.

Q     After you learned about the death?

A     Yes.

Q     Did you remember anything or were you asked about someone coming to the lodge asking for

a book?

 

 

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A     Well, somebody coming to the gate.

Q     At the gate?

A     Looking for Betty Wilson.

Q     Do you remember that occurring?

A     Yes, sir.

Q     When was that that that happened?

A     It was approximately -- the guard called me between 9:00 and 10:00 somewhere,  and told me someone had attempted to get in the gate and he didn't let them in and they were going to be calling me.

Q     Okay.  So he told you that someone had tried to get in, he told them to go somewhere else and call you?

A     Right.

Q     What was going on at the lodge that weekend?

A     It was a mountaintop roundup gathering.

Q     And what is that?

A     It's Alcoholics Anonymous group, they

come  in and all get together every year.

Q     It's an annual event?

A     Right.

Q     Is it well attended?

 

 

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A     Yes.  Between three and four hundred people, usually.

Q     Do you know how many people were there that night?

A     Just between three and four hundred. I don't know exactly.

Q     Were there people there at the lodge who were not with the conference?

A     No.

Q     They have the whole place rented?

A     Whole place.

Q     Whole place?

A     Yes.

Q     Between three and four hundred people?

A     Yes.

Q     After getting the call from the guard, did you receive a telephone call?

A     Yes, sir.

Q     And do you remember how long that would have  been after the guard had called?

A     Approximately 30 to 40 minutes.

Q     Okay. And do you know who called you?

A     No, sir, he never did tell me his name.

Q     Did the person identify themselves at

 

Page 800

 

a11 ?

A    He said he was someone's brother.

Q    Somebody's brother?

A    Right.

Q    Do you remember what name he said?

A    No, all I can remember is the name started with an R, but I couldn't remember the name for sure.

Q    Started with an R?

A    Right.

Q    And what did this person tell you?

A    He told me he come 200, 250 miles to pick up the book and that he really needed to get the book.  At which time I told him, you know, go back to the front gate and I will take care of it

somehow.

Q    All right. And did he tell you from whom he was supposed to get the book?

A    Betty Wilson.

Q    Betty Wilson. Now, did you know Mrs. Wilson?

A    No. I hadn't seen her up to that point.

Q    Did you know she was even a guest at the lodge?

 

Page 801

 

 

 

 

 

 

 

 

A     Well, yeah, she was on the board.

Q     She was --

A     As being there.

Q     Being on the board is being checked in?

A     Right.

Q     So what did you do, Mr. Stork, after having received this telephone call?

A     Called up Robert Hawkins and Freeman Filmore, both security guards, and they made a search of the lodge and functions trying to find

her and locate her so we could let her know what was going on.

Q     Searched the lodge and functions, did you say?

A     Yeah, the functions, they had a bunch of different  gatherings going on.

Q     Even at 10:00 at night?

A     Yeah.

Q     How late do they go, do you know, or how late did they go?

  A     It was between 11:00 and 12:00 before I saw the last of them start to peter out the doors.

Q     So you dispatched these guys to try to find Mrs. Wilson?

 

 

Page 802

 

 

 

A    Right.

Q    Did they find her?

A    No.

Q    What happened?

A    They come back to tell me they couldn't locate her, they hit every place they could think she might be. And about three minutes after that, while they were still standing at the counter, she come in the front door, somebody told her we were looking for her.

Q    Okay.

A    At which time I told her, you know, what was going on.

Q    All right.

A    Then she was going to take the book down and I told Robert, you know, go out there and take the book down for her instead of making the guest go down to the gate.

Q    And did they do so?

A    Yes.

Q    Did she return sometime after that?

A    Not that I can recollect.

Q    Not that you recollect.   You didn't see her?

 

 

Page 803

 

 

 

 

 

 

 

 

A    No.

Q    She very well could have, I take it?

A    Yes, I was very busy getting the revenue and stuff  done.

Q    When you gave her that message, Mr.

Stork, do you recall what, if anything, Mrs. Wilson said to you?

A    No.

Q    Did she say anything at all?

A    Well, she said she could take it down herself, and I said, "Let him take it down for you rather than make you drive it down there."

Q    She said she could take it down herself?

A    Yeah.

Q    Then you instructed Robert to take it for her; is that right?

A    Correct.

MR. FRY:   Okay.   David, I believe that is all.   If Mr. Hooper has some questions, please try to answer his questions.

CROSS-EXAMINATION

BY MR. HOOPER:

Q    Mr. Stork, you gave her an opportunity to have somebody else carry the book down?

 

 

Page 804

 

A    Yes, sir.

Q    And she acquiesced in allowing you to do that?

A    Yes, sir.

Q    Do you recall -- how many nights did Mrs. Wilson  stay there at the lodge that weekend?

A    Just one. She was booked for two but she

didn’t show up the first night.

Q    Just Saturday night?

A    Right.

Q    Can you tell the jury with respect to the phone conversation you had with this individual looking for Mrs. Wilso