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7.1/3S · cynthia jones direct examination by mr. garvie cross examination by ms. tanner redirect...
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1 2 CAUSE NO. 8701 1 7.1/3S 3 4 5 6 7 8 9 10 11 THE STATE OF TEXAS VS. RODNEY REED X X X X X IN THE DISTRICT COURT OF BASTROP COUNTY, TEXAS 21ST JUDICIAL DISTRICT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S RECORD JURY TRIAL GUILT/INNOCENCE MAY 14, 1998 MORNING SESSION VOLUME 53 of 6 9 ORIGINAL SEP 9 1998 Troy C. Bennett, Jr., CIerI<.
Transcript of 7.1/3S · cynthia jones direct examination by mr. garvie cross examination by ms. tanner redirect...
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CAUSE NO. 8701
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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
MAY 14, 1998
MORNING SESSION
VOLUME 53 of 6 9
ORIGINAL
COU~IJr~gNAL l~EALsSEP 9 1998
Troy C. Bennett, Jr., CIerI<.
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On the 14th day of May, 1998,:'
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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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Volume 53 of 69
GUILT/INNOCENCE PHASE
(PAGES 1 THROUGH 103)
1 APPEARANCES:
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For the State
Mr. Charles PenickDistrict Attorney, Bastrop County804 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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BRIAN KENNETH HAYNES
COURT'S QUESTIONING OUTSIDE PRESENCE OF JURY
NEAL HAWKINS (RECALLED)
COURT'S QUESTIONING OUTSIDE PRESENCE OF JURY
JASON ALLISON (RECALLED)
COURT'S QUESTIONING OUTSIDE PRESENCE OF JURY
WITNESS
APPEARANCES
MORNING SESSION
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CHRONOLOGICAL INDEX1
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DIRECT EXAMINATION BY MS. CLAY-JACKSON
CROSS EXAMINATION BY MS. TANNER
DAVID CAMPOS
DIRECT EXAMINATION BY MS. CLAY-JACKSON
CROSS EXAMINATION BY MS. TANNER
REDIRECT EXAMINATION BY MS. CLAY-JACKSON
RECROSS EXAMINATION BY MS. TANNER
RECESS
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CYNTHIA JONES
DIRECT EXAMINATION BY MR. GARVIE
CROSS EXAMINATION BY MS. TANNER
REDIRECT EXAMINATION BY MR. GARVIE
RECROSS EXAMINATION BY MS. TANNER
IRIS LINDLEY
DIRECT EXAMINATION BY MS. CLAY-JACKSON
CROSS EXAMINATION BY MS. TANNER
REDIRECT EXAMINATION BY MS. CLAY-JACKSON
RECROSS EXAMINATION BY MS. TANNER
RECESS
COURT ADJOURNED FOR A LUNCH BREAK
COURT REPORTER'S CERTIFICATE
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Is your nameTHE COURT:
Brian Kenneth Haynes?
1 (Day 27, May 14, 1998, Morning Session, Cause
2 Number 8701, the State of Texas versus Rodney
3 Reed.)
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5 (The following proceedings
6 were had outside the presence
7 and hearing of the jury.)
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BRIAN HAYNES: Yes, sir.
THE COURT: The defense has
subpoenaed you to be a witness in this case.
Do you know which case we're trying here
today?
BRIAN HAYNES: Yes, sir.
THE COURT: And I understand
you've requested a lawyer to talk to you, and
I've asked Ms. Virginia Piper to give you some
advice, isn't that correct?
BRIAN HAYNES: Yes. Sure.
THE COURT: One thing I want
you to be aware of is that you do have the
right to refuse to testify.
BRIAN HAYNES:
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Honor, we don't, and the State would ask that
he be allowed to return to his home state.
I understand, in fact, that they already have
a flight set up to take him back.
THE COURT: That's right. Is
that your understanding of what he wants to
BRIAN HAYNES: I'm just doing
it because anything I may say they may use it
to incriminate me.
You're
No, Your
No objection.
Okay.
I don't have
Does the State
Yes, Your Honor,
Do you want to
That's called the
Is that what you want
THE COURT:
MR. GARVIE:
THE COURT:
MR. GARVIE:
MS. PIPER:
that's what he wishes to do.
THE COURT:
any questions.
ask him anything?
want to ask him any questions?
MR. SANDERSON:
do, ma'am?
Fifth Amendment right.
to do?
would like to do that.
THE COURT:
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THE COURT: Are you ready to
do the other two?
MS. PIPER: You want to do
them one at a time?
THE COURT: I think that's
the best way, yes, ma'am.
(Whereupon Brian Haynes was
excused from the courtroom.)
from Pontiac, Michigan, right?
BRIAN HAYNES:
(Jason Allison enters the
courtroom and brought before
the Court.)
Jason
Pretty good.
Yes, sir.
What is your
How are you?
So you may go
JASON ALLISON:
THE COURT:
THE COURT:
JASON ALLISON:
THE COURT:
Allison.
name?
back there.
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want to do?
decided not to testify, that it might
incriminate him.
JASON ALLISON: Yes, sir.
THE COURT: Do you want to
ask him any questions?
with you the day before yesterday and you
asked me to appoint someone to represent you,
I believe, and Virginia Piper has given you
some advice about testifying in this case.
Has your client decided what to do?
Is that your
I believe he has
Yes, Your Honor.
And what is that,
Jason, I visited
THE COURT:
MS. PIPER:
MS. PIPER:
THE COURT:
THE COURT:
ma'am?
decision, sir?
JASON ALLISON: Yes, sir.
THE COURT: You understand
that you have a right to refuse to answer
questions because they may tend to incriminate
you, is that right?
JASON ALLISON: Yes, sir.
THE COURT: Is that what you
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today, sir? Will you come over here so this
lady can see you and take down what you say.
Is it Neal Hawkins? Is that your
(Whereupon Jason Allison was
excused from the courtroom.)
(Neal Hawkins enters
courtroom and brought before
the Court.)
NEAL HAWKINS:
One more,
Yes, sir.
I don't have
Yes, as far as
Okay, you may be
Okay.
May he be
How are you
THE COURT:
THE COURT:
THE COURT:
MR. GARVIE:
MR. GARVIE:
name?
Mr. Hawkins.
any questions.
excused?
I'm concerned, he may be.
THE COURT:
excused.
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Piper here has been appointed to represent
would like not to testify because I'm afraid
that I might incriminate myself.
yesterday you were here in Court and I believe
at that time you asked for permission to have
a lawyer appointed to represent you, is that
right?
MS. PIPER: Yes, Your Honor.
THE COURT: Have you given
him some advice?
MS. PIPER: Yes, Your Honor.
THE COURT: Have you made a
decision about whether or not to testify?
Do you
Yes, and I
Yes.
Yes, sir.
Okay.
Yes, Your Honor.
Do you want to
Have you talked
And Ms. Virginia
Sir, day before
MS. PIPER:
THE COURT:
THE COURT:
NEAL HAWKINS:
THE COURT:
NEAL HAWKINS:
THE COURT:
THE COURT:
Have you talked to her?
NEAL HAWKINS:
understand what he wants to do?
to him?
you.
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excused.
takes care of all our lose ends. Are you
ready to go forward with the jury?
(Whereupon Neal Hawkins was
excused from the courtroom.)
concerned he may be excused, Your Honor.
MR. SANDERSON: Yes, sir.
THE COURT: You may be
Yes,
As far as I'm
Yes.
Yes, sir.
Now, I think that
MR. GARVIE:
MS. TANNER:
MS. CLAY-JACKSON:
MR. GARVIE:
(Whereupon the Jury returned
to the courtroom and the
following proceedings were
THE COURT:
excused?
ask him any questions?
MR. GARVIE: No, no
questions, Your Honor.
THE COURT: May he be
sir.
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THE COURT: Ma'am, will you
come up here before the bench and let me swear
you in before you testify.
Please be
had in open Court.)
THE COURT:
Who is your next witness?
MR. GARVIE: Tami Hannath.
Thank you very much.seated.
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15 DIRECT EXAMINATION
16 QUESTIONS BY MS. CLAY-JACKSON:
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Q.
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Would you state your name, spelling your last,
please.
Tami Renee Hannath, H-A-N-N-A-T-H.
And Ms. Hannath, are you a resident of Bastrop
County?
Yes, I've lived here all my life.
Are you employed at this time?
Yes.
Where are you employed?
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At REB in Bastrop.
Are you also a student?
Yes.
Where are you going to school?
Right now I'm attending Austin Community
College.
What is your line of major?
Radio, TV.
Do you know a young lady by the name of Stacey
Stites?
Yes.
And how did you know her?
I met her when I was a freshman in high
school. She had just moved here.
And where was that?
In Smithville.
Were you all in the same class?
No, Stacey was two years older than me, but we
all hung around the same group.
And how would you describe your relationship
with Stacey?
Real good. Whenever we were in high school,
we were real close. There was four or five of
us that stayed in one group.
And after high school?
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We kept in touch but not as close as we were
in high school because everybody moved on and
started a new life, but we all still kept in
touch.
Well, after high school, when was the last
time you recall speaking with Stacey?
Actually, it was probably about a month before
her death.
And do you recall the conversation?
It was brief. It was maybe five minutes. I
couldn't talk to her because somebody else had
called my mom and I had to get off the phone
and I was supposed to call her back.
And never did.
What -- did you have knowledge of who
Stacey had been dating?
Yes.
And how did you get that knowledge?
She told me about the plans and where it was
going to be at and the date.
Did you ever meet her fiancee?
Yes.
Who did you know her fiancee to be?
Jimmy Fennell.
And do you recall how it was that you first
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and she was real close to a church that
everybody had went to.
Can you describe to the jury how Stacey, on
the time that you saw Stacey and Jimmy
together, can you describe to the jury how the
met him?
Actually they came to HEB --
When you say "they," who are you talking
about?
Stacey and Jimmy, and she introduced us.
Were you working at HEB with Stacey?
No, I think it was -- I'm sorry, it was
working there I guess in April or May of last
year.
You started working at HEB?
Uh-huh.
And you're saying that you met Jimmy Fennell
in Brookshire Brothers not HEB?
In Smithville.
Do you recall the circumstances of how it was
that you came -- that Stacey brought Jimmy
over to Brookshire Brothers?
I think she was just coming down to visit with
They were real close,
I startedI'm sorry.
some of the coaches.
Brookshire Brothers.
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what she may have found normal or less than
normal as speculative and -- what is normal?
odd about the relationship Stacey had with
Jimmy?
I thought he was a little bit more possessive
than any other boyfriends that she's had,
because we were all real close friends.
Was there ever an occasion where his
possessiveness was confirmed to you?
Yes, as a matter of fact, we were talking on
outgoing girl, she liked to go out and do
things, and I guess whenever they started
dating she went out with us but not as much as
she used to, not hardly at all.
Well, to a degree don't you think that's
probably normal?
Yeah.
But did you find something a little less
normal than that?
Did you find anything
Object as to
Can you be more
Stacey was a real
MS. TANNER:
THE COURT:
specific, please.
(BY MS. CLAY-JACKSON)
couple appeared?
I guess they seemed happy.
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Yes.
her to come down and visit us and we were
And then she was telling him that she was
You could hear him in the background.
If she's on
Object as to
That's
Make sure she
When you said he came
THE COURT:
Then what happened?Okay.
phone just hung up.
And did she come down and did you-all go out
Like somebody just hung it up?
going to come down and visit us and, like, the
home, how did you know he came home?
MS. TANNER:
So you knew his voice?
A couple of times when I had called.
Yes.
Had you spoken with Jimmy Fennell before that?
(BY MS. CLAY-JACKSON)
the phone, she doesn't know.
anything that he may have done.
speculative and it's based on hearsay.
knows what she knows.
the phone one day and we were making plans for
go out, and he came home and he was like, you
going to go out and eat and go see a movie, or
know --
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up here and testify as to some rumor.
THE COURT: She's right, if
it's based on hearsay.
anything, any physical act of property
destruction caused by Jimmy Fennell?
I think maybe a week or two after, her tires
were slashed, and she didn't come right out
and say anything
going object to anything she may not have come
out and said. Again, she's going on some
rumor and that's irrelevant and improper.
THE COURT: I agree. Find
out if it's based on personal knowledge.
that evening?
No.
Was there a situation where Jimmy was
suspected of slitting her tires?
MS. TANNER: Objection as to
-- excuse me, Your Honor, that is hearsay,
irrelevant, and it's not based on anything.
MS. CLAY-JACKSON: Well,
Your Honor, I'm
She can't come
Are you aware of
MS. TANNER:
MS. TANNER:
(BY MS. CLAY-JACKSON)
Judge, we'll see.
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slashed, did you form an opinion as to how
those tires got slashed?
come here in here and testify about her
opinions if she has knowledge about what
happened.
speculative, and she can't come in here and
testify as to her opinion about anything that
mayor may not have happened.
objection. It would be based on hearsay.
(BY MS. CLAY-JACKSON) In regards to the
wedding, the wedding date, did you and Stacey
talk about the wedding date?
Yes.
And how many wedding dates were there?
I think they changed it probably two or three
times.
And do you have personal knowledge as to why
they changed the date?
Stacey said
She can
Objection,
Your Honor, I'm
I'll sustain the
It's irrelevant and
After her tires were
MS. TANNER:
THE COURT:
MS. CLAY-JACKSON:
MS. TANNER:
that's based on hearsay.
(BY MS. CLAY-JACKSON)
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going object to anything Stacey said as not
being anything she can testify to.
THE COURT: Based on hearsay?
MS. TANNER: Yes.
THE COURT: Sustain the
Stacey's engagement ring?
No.
If you think back, from January of 1996 until
through March of 1996, do you recall
seeing Stacey anytime?
Not that I can remember.
CROSS EXAMINATION
MS. CLAY-JACKSON: Pass the
Did you ever see
witness.
objection.
(BY MS. CLAY-JACKSON)
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Do you know what hours Stacey was working at
the HEB, say, two months before her death?
Pretty early --
-- in the morning?
Yeah.
Would it surprise you to know she had to be at
work oftentimes at 3:00 or 3:30 in the
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morning?
I can kind of see they have hours like that
that you work.
So you were aware, of course, that she had to
be at work very early in the morning?
Yeah.
And you were aware, of course, she was
planning her wedding and things like that,
right?
Yes.
Are you married?
No.
Did you receive an invitation to the wedding?
No.
Do you know whether the invitations had even
gone out or not?
I don't think they had.
Had you planned on going to the wedding?
Oh, yes.
You would have gone?
Yes.
Had you received invitations to wedding
showers?
I think there was one, I think it was maybe
the weekend of the death, I'm not to for sure,
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somewhere right around there, maybe a week or
two.
Right before Stacey was killed?
Yeah.
Did you go to that wedding shower?
Well, it was supposed to be after.
Are you aware of any that occurred before she
passed away?
No.
You indicated that Stacey was a very friendly
and outgoing girl, right?
Yes.
Had a very bubbly, happy personality, didn't
she?
Yes.
People liked her as a result, didn't they?
Yes.
And some of your friends that you hung out
with in high school along with Stacey were
Cathy Bossick and Shannon Snow, right?
And Ricky.
And what year in high school was it
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And Shannon Snow?
Scroggins now?
Scoggins.
Okay.
She'S Shannon Scoggins or
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that you-all started hanging, including Stacey
Stites?
junior high I went to a private school and I
came back and Ricky lived maybe a mile from my
house so we used to hang out, and Ricky was
real good friends with Stacey and Shannon and
Cathy and so I just kind of fit into the
group, but I was like the baby of the group.
So you were a little younger than Stacey?
Yeah.
And you-all were pretty close throughout high
school, right?
Yes.
And when the police talked to you back after
her murder, a month or two after her murder,
they specifically asked you about any
ex-boyfriends she had or anyone suspicious in
her past or anything, right?
Yeah.
You didn't mention then in any way, shape, or
form that she had ever dated a David Lawhon,
did you?
No.
You had no knowledge of that, right?
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I would say my freshman year. When I was in
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No.
You had no knowledge at all of anything of
that nature, right?
No.
And you were throughout high school one of
Stacey's best friends?
Yeah.
And you indicated that when Stacey brought
Jimmy Fennell to the -- well, let me back up
and ask you this. When she brought him to the
Brookshire Brothers, were they already engaged
or were they just dating?
Dating.
And you indicated to you they appeared to be
happy?
Yes.
And it's not uncommon as you start to work
weird hours and start planning and start
settling down to kind of drift away from your
friends, is it?
It's understandable.
I mean, it happens, right?
Yeah.
And it's not uncommon when a couple gets
together and falls in love for them to sort
26
MS. CLAY-JACKSON: No
further questions.
Sir, will you come up here and let me swear
you in before you testify.
of, so to speak, nest, to holdup and be by
themselves, correct?
Yes.
MS. CLAY-JACKSON: No
David
No objection.
No further
Who is your next
David Campos.
You may be
That will be all,
THE COURT:
MS. CLAY-JACKSON:
THE COURT:
(Whereupon the witness was
excused from the stand.)
THE COURT:
MS. TANNER:
THE COURT:
May she be excused?
MS. TANNER:
Campos.
witness?
excused.
ma'am.
objection.
questions.
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DAVID CAMPOS, the witness, after having
first been duly sworn, assumed the witness stand
and testified upon his oath as follows:
DIRECT EXAMINATION
QUESTIONS BY MS. CLAY-JACKSON:
Q. Would you state your full name, spelling your
last, please.
A. My name is David Campos, Jr., last name is
spelled C-A-M-P-O-S.
Q. Mr. Campos, are you a resident of Bastrop
County?
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Yes, ma'am, I am.
How long have you been a resident of Bastrop
County?
Since about 1981, '82, something like that.
What is your present occupation?
I'm a contractor for an air conditioning
company.
How long have you done that?
About a year and a half.
Prior to being a contractor for an air
conditioner company, what was your occupation?
I was a chief investigator for the sheriff's
department here in Bastrop.
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What was your rank?
I was a lieutenant .
And how long were you with the County of
Bastrop?
About four years.
Prior to being the chief investigator for the
County of Bastrop, where were you employed?
I was employed with the New Mexico Department
of Prisons.
In Santa Fe or Albuquerque?
Santa Fe.
And how long were you there?
I was there about a year.
And prior to being with the Department of
Corrections in New Mexico, where were you?
I was working with the Elgin Police
Department. I was chief of police there.
I'm sorry.
I was working with the Elgin Police
Department, I was chief of police there.
Okay. Dur~ng your tenure with the Bastrop
County Sheriff's Department, did you have an
occasion to work on the Stacey Stites murder?
Yes, I did.
In what position, what capacity, did you work
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on the murder?
I was -- I suppose you could say I was the
coordinating officer for the sheriff's
department.
And you were coordinating -- what were you
coordinating?
Coordinating with the other local agencies. I
believe Rocky Wardlow was the overall officer
in charge of the investigation.
And who was your other counterpart? Rocky
Wardlow and who else?
The lead officer out of the Bastrop sheriff's
office was John Barton.
Of the three of you all, who had the most
investigative experience?
I would say John Barton did.
Who had the next most after John Barton?
I did.
And that would make Rocky Wardlow having the
least investigative experience?
I believe so, yes.
At what point, Mr. Campos, did you join the
investigation in the Stacey Stites murder?
It was right -- right at the beginning when
the sheriff's department got a call that they
30
braided belt more predominant in State's 20?
Is that
I think that's it right there.
Do you recognize this?
And what do you recall this being?
I think so.
Okay.
I show you State's 20, Exhibit 20.
Would you put an orange dot right above that,
please?
(Witness complies.)
As an investigator -- and you were the chief
I believe that's the T-shirt.
And this right up here, what do you call that
to be?
That may look like a piece of a braided belt,
I believe.
do you recall?
I believe so, yes.
The scene depicts, does it not, the body of
Stacey Stites, correct?
That's correct.
Exhibit 21.
Yes, I do.
Were you present when this picture was taken,
had located a body out on the county road.
And did you go to that site?
Yes, I did.
I show you what has been marked as State's
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31
then in line with Stacey, is that correct?
That's correct.
alignment to the shirt?
I don't know if it was pointing at the shirt,
but it seemed in a line with the shirt.
investigator for the City of Bastrop, is that
right?
No, Bastrop Sheriff's Department.
Bastrop Sheriff's Department. As chief
investigator, looking at this picture, what
does it tell you?
broad. Can you be more specific?
(BY MS. CLAY-JACKSON) Does this picture,
looking at the alignment of the evidence on
State's Exhibit Number 20, does that tell you
something?
You could say that it looks like a route of
travel, so to speak, for lack of a better
word, in a straight line.
And a route of travel, the belt was pointed
It was in
Object as to
It's pretty
And the shirt wasIn a line with the shirt.
towards the shirt, was it not?
MS. TANNER:
calling for speculation.
THE COURT:
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Yes, ma'am.
What part of the investigation did you conduct
at the scene?
Pretty much what we did, the initial officers
at the scene, what we did was secure the
Do you recall, Mr. Campos, whether the belt
was noticeable from the roadway?
I want to say that it was.
When -- and you were out at the scene on Sage
Road, were you not?
On the county road?
That's correct.
contacted, and they were in route so what we
wanted to do was make sure that none of the
evidence or whatever was there was
contaminated so we tried to just block it off,
secure it.
And after accomplishing -- you did accomplish
that?
Yes, we did.
After accomplishing that, what else do you
recall that you did?
That's pretty much it, as far as I can tell.
Some of us were walking up the road, along
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scene. I believe DPS lab people had been
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33
both sides of the road to see if there were
any other items of the evidence that we could
find, on both sides of the road, of what we
had cordoned off.
And that was on the 23rd of April, correct?
That's correct.
Two days later did you have occasion to sit in
on an interview with Jimmy Fennell?
Yes, I did.
And would you tell the jury what that
interview consisted of?
Basically -- well, what happens, in a tragic
situation like this, a good part of the time
the victim's significant other becomes a
primary suspect, and during the course of the
investigation that suspect is either
eliminated through the investigative process
or he's charged with the offense, so that's
basically what we did during the interview.
He was being treated as a suspect at that
particular time.
And being treated as a suspect, does that mean
he was what has been known as Mirandized?
Yes, he was.
And after he was Mirandized, did he speak with
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34
you-all?
Yes, he did.
The information concerning Stacey's
whereabouts after 7:30 on the 22nd of April,
when she left her mother's apartment and went
up to hers, all of that information -- where
did that information from come from?
It came from Jimmy Fennell.
I'm sorry, would you say it again?
It came from Jimmy Fennell.
Do you recall whether there was any
independent information gathered about
Stacey's whereabouts or her actions after
that did not come from Jimmy Fennell?
I can't recall. I can't recall that.
That type -- would that type of detail,
independent information from someone who was
not a suspect, would that have been
information that you would have put in your
report?
Yes, it would have.
Have you had an opportunity to look at your
report?
Yes, I have.
And that information was not in your report,
35
that I was also involved in so I couldn't stay
abreast, so to speak, of everything that was
going on in the Stacey Stites investigation.
Again, there was another case I was dealing
with as well.
correct?
No, it's not.
Have you had an opportunity to look at the
Bastrop County Sheriff's Department
compilation report?
No, I haven't had -- I've got a copy of it, I
haven't had the opportunity to review it all,
no.
Have you reviewed some of it?
Yes, I have reviewed the first few pages of
it.
Do you recall, Mr. Campos, whether there was
any independent investigation conducted -- let
me back up a little bit.
During the course of this
investigation were you and Sergeant Barton and
Ranger Wardlow in communication with one
another on a regular basis?
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A. We communicated. Keep
"we," the times that I
in mind, when I say
I had another case
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And the other case with which you were dealing
with was which case?
Mary Ann Arldt.
Did you find some similarities between the
Mary Ann Arldt case and the, Stacey Stites
case?
Yes, there were similarities.
And what similarities, sir, did you find?
The fact that both victims had been
10 strangled. And that's -- because of the
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Q.
decomposition of the Arldt body, that was
about all that the medical examiner could tell
us at the time.
Was there, in the investigation of the Mary
Ann Arldt case, an earring that was
significant?
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Was there
Was there
ask the question again, please.
was there anything significant
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about an earring in the Mary Ann Arldt case?
Yes, there was.
What was that?
There was an earring that was found at the
horne of the person that was eventually charged
with the offense.
And was that David Lawhon?
37
I can't recall that.
said, I wasn't on the Stacey Stites case a
it happened, it was with John Barton and Rocky
Yes, ma'am.
Did you, Ranger Wardlow, and Sergeant Barton
discuss how to verify Jimmy Fennell's
whereabouts on the 22nd and 23rd?
Like I
Like I say, if
Do you recall?
Were you present at the DPS lab when
hundred percent of the time.
If it was, it was out of my presence.
Okay.
in the car?
the truck was processed?
No, I was not.
When the truck. was being -- that was when you
were conducting your interview with Jimmy
Fennell?
I believe so, yes.
The information that you gathered through the
Jimmy Fennell investigation you provided to
Ranger Wardlow, did you not?
That was David Lawhon, yes.
He was eventually convicted of that, was he
not?
Yes, he was convicted of it.
In the Stacey Stites case was an earring found
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Wardlow.
And when events transpired, or came up, in the
Stacey Stites case, to your knowledge would
Ranger Wardlow and John Barton inform,You of
what was going on?
Yes. We didn't have any set schedule on when
they would brief me or when we would br~ef
each other. What we would do is accumulate as
much information as possible and then set a
date and we would sit down, a lot of the
people from the police department, and they
would go over what they had done up to that
point.
And you-all had a discussion about the
contents of the pickup truck, did you not?
Yes.
And you had an opportunity at some point to
look inside the pickup truck, the pictures of
it, did you not?
I believe so.
I show you State's 64. This is the inside of
the red pickup truck that was found at the
school. You never went to the school, did you
not?
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A. I don't believe I did. I went after the truck
officers from the police department to look
around the area and so on.
When you were at the scene at the school,
let's go back to the school, then. What steps
did you take in the investigation of the area
of the school parking lot?
We had been told -- the police department had
come across another suspect, and he had told
us -- he had told us that he had thrown some
keys out into the football field and so that's
where we went there to look, to see from where
the vehicle was parked could he have, in fact,
have thrown the keys that distance. We were
looking for the car keys is what it amounted
to.
Because the vehidle was found locked, was it
not?
That's correct.
And to your knowledge there was a dumpster at
the high school close in proximity to where
the pickup truck was found, correct?
I can't recall.
Do you recall that a dumpster was searched at
the high school and articles of clothing were
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was removed from the scene.
39
I went there with
40
for anything that would help us, any evidence
that we felt could help us in the
investigation.
Because when you got out to the site on the
1441 the pickup had already been discovered,
correct?
The pickup had already been discovered in
town, yes.
When you looked -- no, let me look back inside
the truck.
In State's 64, there is a green piece
of plastic glass, do you see that?
Yes.
bagged?
I was told that a dumpster was searched, yes.
But you were present for that dumpster search,
was you not?
No, I was not.
The search that you conducted at the high
school for the keys, you was unfruitful? You
did not find the keys?
No, we did not find the keys.
To your knowledge, was there a search for the
keys conducted at the site off 1441?
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Yes. As a matter of fact, again, we locked
1 Q. Okay.
41
Are you familiar with the fact that
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there were two pieces of plastic glass found
in the car?
4 I believe so. There was this piece and a
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piece found on the passenger side.
Or the door?
The door, right.
8 Q. Okay. Would it -- would it possibly be the
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driver's side door instead?
Yeah.
11 Q. Okay. And that is illustrated in State's
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Exhibit 65?
Correct.
14 Q. Okay. Having two pieces of plastic cup that
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large, what, if any, significance do you put
on the fact that there are no green shards
17 anywhere? There were no green shards of
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plastic glass found in the vehicle.
would that mean to you as a seasoned
investigator?
What
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been broken there.
fell inside.
It was something that just
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That the glass had been broken someplace else?
Yes.
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To your knowledge was the actual site of where
Stacey was murdered, was that actually
discovered or determined?
The actual site of where she actually was
murdered? I don't believe that was actually
ever determined.
Your notes don't reflect that that came up?
No.
In your experience as an experienced
investigator, what is it that the site of
where the murder actually happened, what is it
that that site can tell you?
It's a history; it's a story. If you're
looking hard enough and keep an open mind,
that particular site can tell you just about
how it happened, when it happened; and at
times if you have the knowledge, it can even
tell you who did it. But, again, you have to
locate the site.
And I think you said you have to keep an open
mind in order to be able to do that, correct?
Correct, you've got to keep an open mind,
you're looking for the truth.
And when you're looking for the truth, Mr.
Campos, as a seasoned investigator, is there a
43
a case you have to lay it out brick by brick.
building is only as good as its foundation.
than just a single piece of evidence.
Sometimes it takes -- you're building a
foundation, and your case is only as good as
way of telling, once you have developed a
clue, once you have developed evidence,
whether that evidence is going to be the
single thing that causes the break of the
case?
When you have
Sometimes it doesn't
At times it takes more
It's like a building, a
just take that one piece of evidence, it takes
more than just that one.
And when you don't know the site of where the
actual crime took place, what, if anything, is
the danger of taking that one piece of
evidence and trying to find the link for it?
Well, let's be more specific.
What is the danger, when you don't
know where the murder took place, where the
crime took place, what is the danger of just
taking, say, a piece of DNA evidence and
So, no, not one piece.
that foundation.
The same thing goes for a case.
It's a possibility.
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trying to find a link between DNA?
What happens is, when you're doing something
like that, you try to bend your facts to
justify your theory, instead of using the
facts to -- use your theories to justify the
facts.
Sort of like putting blinders on?
Sort of.
And if that happens, what then happens with
the rest of the evidence that is discovered?
If that happens, then the evidence is
disregarded.
And is there also a possibility that potential
evidence is never discovered?
Yeah, there is a possibility of that
happening, yes.
When -- were you involved in the search
warrant that was conducted on David Lawhon's
home?
No, I was not.
During the investigation of the Stacey Stites
case do you recall how many times you spoke
with Jimmy Fennell?
I want to say I spoke with him possibly three
times, about three times that I can recall.
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The initial one on about the 25th of April?
That's correct.
And then the last time you spoke with him
would have been perhaps in December, is that
correct?
That may be correct, yes.
Could you recall what that second time
conversation was about?
The second time I spoke with him was in the
sheriff's office, and I think John Barton may
have been present at that time.
Do you recall if you were involved in any
independent investigation -- well, I think I
have asked you this, about substantiating
Jimmy Fennell's whereabouts, I think I asked
you that.
Yes.
When you spoke with Jimmy Fennell the last
time in December of 1996, you spoke with him
regarding a conversation that you had with a
Lieutenant Moore, is that correct?
I beg your pardon? A conversation I had with
him before, is that what you said?
No, when you spoke with Jimmy Fennell in
December of 1996, you spoke with him in
46
guess, halfway to Bastrop before he commented
relation to a conversation that you had with a
Lieutenant Moore of DPS, is that correct?
That's correct.
And it was at that time, after your
conversation with Lieutenant Moore that Jimmy
Fennell asked for an attorney, is that right?
That's correct.
What happened after Jimmy Fennell asked for an
attorney?
All questioning ceased.
Your conversation with him took place in
Austin, is that correct?
That's correct.
And how did you get to Austin?
I drove him to Austin.
And how did you get back to Bastrop?
I drove him back to Bastrop.
Was there a conversation -- what do you recall
transpiring between the time that you left
Austin and the time you got back to Bastrop?
Well, when we left Austin, initially, we
It wasn't until we got, I
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weren't speaking.
MS. TANNER: Objection as to
47
any information he may have given in other
cases as not being relevant to this one, based
attorney, I stopped talking to him.
You have had experience with Lieutenant Moore
before, had you not?
Yes.
In other cases?
Yes, he's helped out in other cases.
From the information that he has given you in
other cases --
between the two of you-all, then, on your trip
back to Bastrop?
An agreement?
An agreement.
No, once he requested an attorney, all
questioning ceased.
Did you get the impression that he wanted more
information about the investigation?
Again, once he asked for an
Don't
I just
Objection as to
Sustained.
Was there an agreement
MS. TANNER:
I can't recall, to be honest with you.
can't recall.
(BY MS. CLAY-JACKSON)
THE COURT:
tell us what he said.
anything he may have commented about.1
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Q. That's correct.
A. At that point, keep in mind, I was bouncing
A. After I spoke with Lieutenant Moore?
Arldt situation.
If I
I believe
Same
Sustain the
Finish the
Did you go on because
From information that
MS. TANNER:
THE COURT:
THE COURT:
That's not relevant what happened
Barton, and he was given the go on it because
at that point we were working on, again, the
at that point the case was turned over to John
back and forth between two cases.
to Jimmy Fennell? What plan of investigation
MS. CLAY-JACKSON:
did you pursue?
of what Lieutenant Moore gave you in regards
objection.
in other cases.
(BY MS. CLAY-JACKSON)
he has given you in other cases, have you gone
objection.
on to further investigate the suspect?
could finish the question.
(BY MS. CLAY-JACKSON)
question.
on hearsay.
Q.
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49
And do you know whether or not John Barton
pursued anything independent of what had
already transpired for the last seven months?
I can't recall.
In your experience, would it have been prudent
to delve deeper in the background of Jimmy
Fennell?
In my experience it would have been prudent to
delve deeper into the background of all the
suspects, all the primary suspects, yes.
And Jimmy Fennell was a suspect?
Initially, yes.
In regards to the Stacey Stites case, you had
a -- it was my understanding that you had an
assignment to go to the PHI Air Conditioning
Company, is that correct, in Austin?
On the--
Stacey Stites case?
No, I can't recall going to PHI.
Did you ever go to the PHI Air Conditioning
Company to retrieve a photograph?
No.
Do you recall ever being asked by or telling
Ranger Wardlow that a crumpled picture of
Stacey Stites had been found at PHI?
50
I vaguely recall a picture having been found
but I can't recall if it was Stacey Stites or
Mary Ann Arldt.
Do you think, Mr. Campos, that it is possible
to walk from Giddings to Bastrop and back
within a 12-hour period of time?
It's possibly 30 miles. In a 12-hour period?
I suppose you could, yes.
In the Mary Ann Arldt case, you had occasion
to speak with David Lawhon, did you not?
That's correct, I did.
And after that conversation with David Lawhon,
did he make an admission to juveniles --
to
is
is
Judge, you
Objection as
It's based on
The objection
Did he make an
MS. TANNER:
sustained the objection.
THE COURT: The objection
sustained. Please ask another question.
(BY MS. CLAY-JACKSON) Did you have an
MS. TANNER:
(BY MS. CLAY-JACKSON)
admission to you?
admission he made to anyone.
hearsay and is irrelevant.
THE COURT:
sustained.
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51
occasion in the Stacey Stites case to speak
with Carol Stites concerning her daughter?
I spoke with Carol Stites on numerous
occasions, yes.
And when you spoke with her, was she able to
shed any independent light on Jimmy Fennell's
whereabouts on the 22nd and 23rd?
No, about all she could tell us was Stacey's
habits, what time she would normally go to
work and what time she would normally get back
and this sort of thing.
And was there discussion, if you recall, as to
whether it was Stacey's habit of locking car
doors?
There may have been.
About her safety habits when she was traveling
on the road?
Oh, yes, when she was commuting back and
forth, I remember Carol saying to make sure
and lock your doors and so forth, and she said
Stacey always did that.
During this period of time, especially that
summer, did you have occasion to investigate
the death of a fellow officer, Ed Selmala?
No, I did not, I was not involved in that
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52
investigation.
Did you receive information concerning the
death of Ed Selmala?
Not other than he committed suicide.
You received no other information that you
passed on to the investigators?
No, I can't -- I can't recall.
Did you receive a phone call from a
psychologist?
Did I receive a phone call from a
psychologist? No.
Concerning Ed Selmala?
No.
As a seasoned investigator, Mr. Campos, when
have you ever seen evidence planted by the
suspect to deliberately mislead officers?
Yes.
What are some of the characteristics of
planted evidence?
Some of them are obvious type things, things
that have been just set down, and then other
items that are hidden but not so well that
23 people would miss them. Something -- like in
24
25
a parked car you found something behind a
wheel or the tire of the car where you
53
other part was found at the scene?
Yes, I believe so.
Where the body was found?
I believe so.
pieces of paper down at the bottom that was
collected was deposit slips of Jimmy Fennell?
They do look like two pieces of carbon paper,
I believe.
The manner in which they were placed there
wouldn't have to look that hard to see it, it
would just be there, and all you have to do is
bend down a little bit to see it, and other
things just laid out there just for you to
see.
I show you State's 9, the vehicle -- do you
recall seeing this picture of the vehicle at
the parking lot, at the high school?
Sure.
Down below is a part of the belt?
It looks like a part of the belt, yes.
And a part of the belt that was -- the
I think
Yes, State's
it appears that the two
I think we have a better picture.
it's shown better in State's 10.
10, where you can see everything.
Okay.
And here you have
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54
In your opinion are these more or
less likely to be evidence of planted
material?
4 A. Two things. They give the impression of being
5
6
7
planted, but also it could be someone in a
hurry coming out of the vehicle, and possibly
holding it or in their lap and getting out in
8 a hurry and just left it there. It could beiI: 9
10
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A.
there accidentally or intentionally.
So it gives rise to having evidence of both
things, both being planted and accidentally
placed there?
Yes.
14 Q. Okay. Well, the fact that it gives rise to
15
16
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18 A.
two questions, does that not also give rise to
further investigation as to how they got
there, correct?
Yes.
19 Q. Okay. And then the scene -- and does that
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A.
then not make finding the actual scene where
the murder took place more important?
Oh, yes, very important.
And, again, that was never determined, to your
knowledge?
To my knowledge I don't think it was ever
55
CROSS EXAMINATION
QUESTIONS BY MS. TANNER:
Q. Lieutenant Campos, you left the sheriff's
department during the change of
administration, right?
A. That's correct.
And I'm probably going to call you Lieutenant
out of habit more than anything else.
MS. CLAY-JACKSON: I didn't
resources to assist him as well.
As an employee of DPS he had better access and
better connections with the DPS lab and people
call him Lieutenant out of habit.
(BY MS. TANNER) Now, Rocky Wardlow was sort
of stamped as the lead investigator because he
had state-wide jurisdiction whereas the
sheriff's department and the police department
did not, right?
Pass the
I'll probablyMS. TANNER:
He also had the state
MS. CLAY-JACKSON:
That's correct.
hear you.
witness.
determined.
A.
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56
like that, correct?
That's correct.
And you indicated that you worked some on this
case but not as much as Barton or Rocky or
those guys, correct?
Not as much as Rocky Wardlow or David Board,
no.
You were with Sergeant Barton on a number of
interviews and things like that, right?
That's correct.
And you were present when Stacey's former boss
12
13
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was talked to and he gave blood, right?
Mr. Kirby?
Yes.
A
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And you were present when co-workers would be
talked to and they would give blood, right?
That's correct.
And various other people, some of them, when
you would talk to them, if they had worked
with Stacey or they had dated Stacey, you
would ask them to give blood, right?
That's correct.
And you were present for that sort of thing?
That's correct.
Now, you've indicated that you've worked some
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57
on the Mary Ann Arldt case?
That's correct.
And you said that there were some similarities
to that -- between the two offenses, correct?
That's correct.
There were also a number of dissimilarities,
were there not?
Yes, there were.
For instance, Stacey was obviously strangled
with a ligature, that being her belt, whereas,
Mary Ann Arldt was manually strangled by
hands, right?
Yes.
And another example would be that all your
evidence in this case indicated that there
were was one perpetrator, whereas in Mary Ann
Arldt there was a man plus two eyewitnesses,
weren't there?
Yes.
Okay. And another difference may have been
that Mary Ann Arldt was killed outside of her
own horne, wasn't she?
Right outside the door is what I understand,
yes.
And another difference is that whereas Stacey
58
was behind some bushes and once the sun came
up she could be seen, Mary Ann Arldt's body
was very well-hidden and, in fact, wasn't
found for three and a half weeks, right?
That's correct.
last time that you-all talked to him on
December of '96, that was shortly before you
left the SO, correct?
That's correct.
And would you characterize that interview,
particularly on the part of Ranger Wardlow, as
being very adversarial?
As being very adversarial?
Clay-Jackson asked you about, that was turned
in to the police by David Lawhon's mother,
wasn't it?
Actually it was turned in to a private
investigator who, in turn, turned it in to law
enforcement.
And the mother was the one who precipitated
that?
Yes, the mother was the one that actually
found it and passed it on.
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Okay.
Okay.
And with regard to the earring that Ms.
Now, with regard to Jimmy Fennell, the
59
I mean, he crawled allover him, didn't he?
Well, not any more than any of the other
suspects.
And you-all had up to that point talked to
Jimmy a number of times, right?
I believe I spoke with him about three times.
Again, I know that John and Rocky spoke with
him more than that.
And if Ranger Wardlow -- let me back up and
ask you this.
Were there times through the course
of talking to Jimmy that Ranger Wardlow would
yell at him and call him names and things like
that?
I can say that I didn't see it in my presence.
Okay. He was talked to on times, however,
when you weren't present, right?
That's correct.
And your understanding, of course, of the
invocation o£ rights is that once you invoke
those rights, you have to leave them alone and
you can't be yelling at them and calling them
names anymore, right?
That's correct.
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Q. Okay. You've worked, I assume, in your career
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60
a number of homicides, correct?
Yes, ma'am, I have worked a number of
homicides.
And when you're working homicides, is it at
all uncommon for a relative or a person who's
close to the victim to sort of drive you nuts
wanting information about what's going on and
when you're going to find who killed my fiance
or my husband or my mother or whoever?
It stands to reason that the relatives,
parents, husband or wife or whatnot are going
12 to be anxious. They want the victim's
13 offender brought to trial. So, yes, you're
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going to be called on a daily basis at all
hours of the day and night, the victim's
parents or significant other will call you up
all hours of the night because all of a sudden
they're sitting there watching television or
something and they get an idea so they give
20 you a call. You try to accommodate them as
21 much as you can. You've got to keep in mind
22 that you still have work to do, and they don't
23
24
care about that.
brought to trial.
They want the offender
I.
25 Q. So that is not at all an uncommon thing, for
Do any of them living at home?
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61
family members to want information?
No, not uncommon at all.
Okay. Now, you indicated that you-all,
according to Ms. Clay-Jackson's questions, you
all attempted to verify the whereabouts on the
night of 4-22 and the morning of 4-23, right?
We went -- I say "we," I accompanied some of
the officers on one occasion, maybe two
occasions, and we canvassed the apartment
complex.
Let me ask you this, do you have kids,
Lieutenant Campos?
Yes.
Do they still all live at home?
No.
Okay.
No.
Let's say that I asked you your whereabouts
for one o'clock this morning. Who is going to
know your whereabouts for one o'clock this
morning?
My spouse.
Okay. Anybody else?
No, I don't suppose.
And if your spouse can't tell us, then we're
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62
kind of just left with you tell~ng us?
Yeah, I suppose so.
And it would probably be hard to find someone
you better hope anyway, it would be kind
of hard to find someone else who would know
where you were at that time of night, huh?
Especially if my spouse is asking me, yeah.
One way of doing it, however, would be to try
to find somebody who saw something different,
who maybe saw you out somewhere or you doing
something different or your spouse doing
something different, right?
That's correct.
And y'all weren't able to find anybody of that
nature where Jimmy was concerned, were you?
No.
17 Q. Okay. Now, Ms. Clay-Jackson asked you if it's
18 possible to walk from Giddings to Bastrop and
19
20
21
22
23
A.
Q.
A.
back in 12 hours.
is, approximately?
About 35 miles.
Each way?
Yeah.
Do you know how far that
24
25
Q. Now, you attended the autopsy of Stacey
Stites, correct?
63
Yeah.
Yes, ma'am.
through the course of the investigation,
primarily, Ranger Wardlow made attempts to
figure out ways that Jimmy could have had
possible to walk from Giddings to Bastrop and
back to Giddings between 3:00 in the morning
and 6:45 in the morning?
I don't believe so.
You would be pretty tired, wouldn't you?
And you, of course, are aware that
And so do you think it would be
Okay.
Okay.
And you, of course, were aware, therefore,
that Dr. Bayardo put her time of death within
an hour of her disappearance, which would have
been around 3:00 or 4:00 in the morning,
right?
That's correct.
And you knew from talking to Jimmy and from
your investigation that Mrs. Stites saw Jimmy
at 6:45 or 6:47 that morning, correct?
Let me say that she called and spoke with him.
And that would have been about 6:45 in the
morning?
Yes.
1 A.
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64
access to some vehicle that he could have used
and was unable to find any kind of vehicle he
could have used, correct?
To my knowledge he couldn't find any vehicle
that he could have used.
Okay. Now, you talked with Ms. Clay-Jackson
about the foundation of a case and that you
build a foundation as you're going.
Right.
You attended the autopsy of Stacey, right?
That's correct.
So you knew right off that there was semen
found in her ~agina, correct?
Yes.
And you also knew that there was evidence that
she had been sodomized at the time of her
death, right?
Yes.
Now, those two things taken into account,
knowing there was recent sex and knowing that
there was trauma at the time of her death, how
significant did that make that semen that was
in her body?
Very significant.
That was the smoking gun, right there, wasn't
65
it?
MS. CLAY-JACKSON:
Objection, Your Honor, mischaracterization of
the evidence.
You may answer it, sir.
(BY MS. TANNER) Let me ask you this. y'all
were bound and determined and you knew how
important it was to find whoever left that
semen in her body?
That's correct, yes.
And you knew you if you found who left the
semen in her body, based on all the evidence,
then you were going to find your killer?
We would be a lot closer to finding the
killer, yes. That's what we felt.
Okay. And for that purpose is why you-all
kept taking blood from everyone of those
suspects?
Everyone that we came across.
Okay. And you indicated in response to Ms.
Clay-Jackson's questions that you-all were
unable to find some of the evidence, and
consequently never found, one way or the
other, where she was murdered?
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THE COURT: It's overruled.
66
No, the location of the actual crime scene or
knowledge it was never determined.
And you-all attempted to determine that,
No, we did try to find it.
And with regard to the car keys, you had
indicated that you looked out by the high
school for those?
Yes.
And you looked, and by "you" I don't mean just
you, but the Bastrop PD, Sheriff's Department,
you-all looked a lot of times for those keys,
didn't you?
Yes, we did.
And you used a metal detector to look for
those keys, did you not?
Yes, we did.
And no luck?
No luck.
And although you did not know the place where
Stacey was murdered, did you see the pool of
mucus that was on the transmission hump of her
murder scene was never located. To my
Did you have an opportunity to see
I mean, you just didn't blow that off?
truck?
that?
right?
1 A.
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5
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7 Q.
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67
Yes, I did.
And that would certainly indicate to you that
the relevant event of wherever the truck was,
she was most probably killed in the truck?
That was pretty much a conclusion.
6 Q. Okay. You. talked about evidence being
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planted, and you said that it would be planted
to mislead the investigators, correct?
Yes, ma'am.
And did this piece of a belt on State's
Exhibit Number 10, did that ultimately -- was
that ultimately concluded to be a portion of
the murder weapon?
Yes, it was.
So that didn't mislead you any, did it?
No, it didn't.
17 Q. Okay. And in the truck, do you recall,
18 specifically on the passenger side floorboard,
19 there was a number of items, right? Stacey's
20 shoe and her back brace and stuff like that?
21 A. Yeah, there was a number of things. Again,
22
23
this happened some time back, so you'll have
to excuse me if my memory is not that good.
24 Q. Okay. Let me show you State's Exhibit 62,
25 showing you the inside of the truck. That
I
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68
Yeah.
at that?
That's correct.
Over here at the crime scene where it was
And just
I never actually handled
You don't know one way or the
The shirt that was seen out there at
it, no.
Okay.
Have you ever, through the course of
the scene, did you have an opportunity to look
investigating, known people to -- if they've
where it was laying.
laying?
fell there.
At the -- I only saw it at the crime scene
No, you don't.
at a scene or if it was put there.
other, right?
because it can be put there doesn't mean it
whether something is -- inadvertently ends up
And in keeping an open mind, you look at
You're to keep an open mind, yes.
as best as you can?
to look at both sides of everything, correct,
door on the floorboard, right?
And when you're an investigator, your job is
reflects some items over along the passenger1
2
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CI
!
69
REDIRECT EXAMINATION
QUESTIONS BY MS. CLAY-JACKSON:
Q. In the course of your investigation of the
Stacey Stites case, did you-all come to the
conclusion that there was, in fact, only one
used an item for something in the course of
the murder to just discard it?
You mean such as a weapon?
A weapon or if they've used something to, say,
wipe off prints or anything like that to just
toss it aside?
Oh, yeah.
So you did not have an opportunity to look at
the shirt in this case, specifically the
inside-out portion of the shirt?
No, ma'am, I did not.
Okay. You said that you have seen cases where
evidence has been planted?
Yes.
Have you ever seen a case where semen was
planted into the body of a dead girl?
No.
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questions.
MS. TANNER: No further
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70
person who was responsible for her murder?
The only fair way I can answer that is that I
left the sheriff's department before that type
of conclusion was made.
So before that conclusion that there was only
one person, was it still open that perhaps it
could have been more than one?
Yes.
And, in fact, in your investigation, did you
discover that some people theorized the fact
that it would have taken more than one person
to do that?
Yes --
14 MS. TANNER: Objection, as
15
16
to what anyone may have theorized other than
him.
17 MS. CLAY-JACKSON: Judge, we
18
19
are asking about his investigation and what he
determined.
20 THE COURT: Sustain the
21 objection. Ask him about his theory.
22 Q. (BY MS. CLAY-JACKSON) After your discussion
, .
I
23
24
25
with Mike Kirby, her former employer at
Covert, was your concept that there was more
than one person involved, possibly?
71
MS. TANNER: Objection as to
what anyone else may have said.
young lady, wasn't she?
She was a healthy lady, yes.
And athletic?
From speaking with her friends, yes. She had
been on a volleyball team so, yes, she was
athletic.
David Lawhon was the person who took you to
the body -- showed you where the body of Mary
Ann Arldt was found, is that correct?
That's correct.
In State's 12, do you recognize this?
Yes, I do.
Could you take one of these stickers and place
After speaking with Mike Kirby, he had
You've already answered it.
us
Hold on a
Don't tell
Stacey was a healthy
He's answered the
THE COURT:
I'm sorry.
(BY MS. CLAY-JACKSON)
second.
question, yes or no.
Stacey Stites was not
THE COURT:
what anybody says.
Yes.
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on the site where Mary Ann Arldt's body was
found?
I'm looking for County Road 2136.
Is that past the Bastrop Federal Prison?
I believe so.
So it would be north of here, is that
7 correct? (Indicating on exhibit of map.)
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It would be out by Camp Swift.
Camp Swift?
I don't think it's on here.
11 Q. Okay. Do you see where David Lawhon lives?
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A. Yes, I believe so.
(Indicating. )
He lives up in here
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Would you put an orange dot on here?
(Witness complies.)
And Mary Ann Arldt's body· was found where?
Further north.
How much further north of the Federal Prison
was the body found?
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I don't know.
three miles.
Three miles?
Yeah.
I would have to guess, about
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Q. Do you have any independent information or
recollection as to how many times Jimmy
73
by eight o'clock that morning, police had
One time he may
On the morning of April 23rd,
And in your experience as an
I understand.
Okay.
FPS.
Foul play suspected?
Oh, yes, ma'am.
investigator, if someone wanted to let you
know that something had happened to another
person, planting information or planting
evidence would be a manner to alert the
authorities, is that correct?
Yes.
And would it be a fair assumption to make that
on the morning of April the 23rd, at least by
eight o'clock that morning, information was
available to the police that an HEB employee
connected with Jimmy Fennell was missing?
You're going to have to ask that question
again, it was kind of lengthy.
I can't recall, personally.
have called.
Is there a term used in police jargon, FPS?
Fennell may have called your department to
find out information concerning the
investigation on his fiance?
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74
information that an HEB employee was missing
who had connections with a Jimmy Fennell?
Yes, I believe so.
On State's Exhibit 10, the pen that's next to
the belt is an HEB pen, is that correct?
That's correct.
And these two deposit slips, these three
deposit slips, were those of Jimmy Fennell, is
that correct?
That's correct.
And there is a term in police parlance called
foul play suspected?
That's correct.
Ms. Tanner was asking you about the efforts
taken to substantiate what Fennell had told
you, Jimmy Fennell had told you. You were
talking about canvassing the Rolling Oaks
Apartment, is that correct?
That's correct.
And did that happen?
Yes, it did.
And what did that investigation reveal?
We couldn't find anyone that was up and around
that early in the morning that could shed any
light on anything that might have happened
75
what we were using, yes.
An so no other independent investigation, no
other efforts of independent investigation to
your knowledge were made?
Other than what was where the vehicle was
and where the body was located, that's the
only thing that we could find as evidence.
that morning.
You stated that one of the other reasons that
Rocky Wardlow coordinated the effort of all
the agencies is because he had the disposal of
the DPS crime lab, he had the resources?
Yes, ma'am, he had more resources than Bastrop
County could ever come up with.
And the DPS crime lab is a tool, is it not,
used in investigations, is that correct?
That's correct.
Has it been your experience that the
utilization of that tool, of the crime lab,
was the sole evidence that was looked at in
other cases?
In this particular case?
Correct.
I believe what they found was
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I believe so.
MS. CLAY-JACKSON: No other
76
1 questions.
2
3 RECROSS EXAMINATION
4 QUESTIONS BY MS. TANNER:
5 Q. 'You-all spent a year doing an independent
6 investigation, did you not?
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Yes.
Okay. So the DPS wasn't the only ones out
there doing their job on this deal, were they?
No, of course not. We had the sheriff's
office, police officers, and, of course, we
had DPS.
Okay. And based on a question that was asked
that Stacey was a healthy, athletic, young
woman, it would take a big, strong man to have
been able to accomplish this, right?
It would take one big strong man, or several
big strong men.
Okay. Now, through the course of your
investigation, you looked at the location of
Stacey's truck, where it was found, correct?
Yes.
And was the location of the truck significant
in the course of the investigation? Where it
was found?
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Yeah.
Why was it significant?
Well, for a couple of reasons. We felt that
the person, whoever did this, number one,
wanted the vehicle found. Number two, he had
other means of travel located there or he
lived in or around the area to where he
wouldn't have to walk that distance.
So it was placed there, in your opinion, for
his convenience, right?
Pretty much so.
By the way, if Jimmy had to walk from the high
school back to Giddings, that wouldn't have
been particularly convenient, would it?
No, it wouldn't have been.
And you indicate that had David Lawhon lived
out in the country. That would have been
quite a long walk for him, too, wouldn't it?
It wouldn't have been real convenient to leave
it there?
It would have been inconvenient for him to
walk there.
Do you know where this defendant lived?
Rodney Reed?
Yes, sir.
78
No, ma'am, I don't.
I show you what has been marked State's
Exhibit Number 2, and relative to the other
folks, the dot that says "Victim's Truck"
versus the dot that says "Reed House," that's
not real far, is it?
It looks like just a few blocks.
Okay. That would have been convenient, would
it not have?
Yes, ma'am.
questions.
MS. TANNER: No further
MS. CLAY-JACKSON: No
further questions.
THE COURT:
May he be excused?
That's all, sir.
MS. CLAY-JACKSON: Yes.
excused.
MS. TANNER:
THE COURT:
Yes, sir.
You may be
(Whereupon the witness was
excused from the stand.)
THE COURT: Let's take our
79
morning break.
(At this time a recess was
taken. )
Cynthia Jones,
Please be seated,
MR. GARVIE:
(Whereupon the Jury returned
to the courtroom and the
following proceedings were
had in open Court.)
THE COURT:
thank you very much.
Who is your next witness?
THE COURT: Cynthia Jones.
Please come up here and let me swear you in
before you testify.
Go ahead, sir.
Ma'am, please get closer to the
microphone so that we can all hear what you
have to say.
Thank you very much.
Your Honor.
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80
1 CYNTHIA JONES, the witness, after having
2 first been duly sworn, assumed the witness stand
3 and testified upon her oath as follows:
4
DIRECT EXAMINATION
QUESTIONS BY MR. GARVIE:
Q. Would you state your name for the Court's
records.
A. Cynthia Renee Jones.
Q. Are you a resident of Bastrop County?
A. Yeah.
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And, Ms. Jones, were you a resident of Bastrop
County between the years of '95 and '96?
Yeah.
Let's sort of cut to the chase here, do you
know a gentleman by the name of David Lawhon?
Yes.
How long have you known him?
Since I was 14.
And did you ever have occasion to see him out
anywhere, at parties or anything?
Yeah.
In '95 or '96?
(Witness nods head in the affirmative.)
Do you know whether he knew a woman by the
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81
name of Stacey Stites?
Yes, he did.
Did he know her?
Yeah.
How do you know that he knew her?
Me and my ex-boyfriend one time met up with
him at the Jamboree one time, and a couple of
other times.
Excuse me just a second. This lady over here
is trying to take down everything. Slow down
just a little bit and speak maybe a little bit
louder.
Me and my ex-boyfriend at the time met David
and Stacey at the Smithville Jamboree and went
out with them one night, and there were a
couple of other times too, but that's the one
I remember the most because it was Smithville.
So you actually went out with Stacey Stites
and David Lawhon and they were together?
All four us.
All right. You were with you boyfriend -
And David was with Stacey.
And you said that was on more than one
occasion?
Like three or four times.
CROSS EXAMINATION
QUESTIONS BY MS. TANNER:
Q. Ms. Jones, who is your ex-boyfriend that you
were with?
A. James Casmore.
Q. And you said you saw the two of them together
on a couple more occasions? Was that also at
the Jamboree, or was that at other times?
And the woman you saw him with was Stacey
Stites?
Uh-huh.
No, it was like at a party once.
Where was that party at?
At Elgin.
Whose house was that?
I have no idea.
When else did you see them together?
The other two times I saw them together I
didn't actually talk to them.
Okay. Where were the other two times that you
saw them?
In his truck.
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witness.
MR. GARVIE: Pass the
82
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83
What kind of truck was that?
I think it was a black truck, with a little
gray thing on the side.
Did you know Stacey Stites personally?
I just met her the couple of times I was with
David and James.
And you gave a statement to the police with
regard to this, did you not?
Uh-huh.
Okay. And you gave that statement on June
and do you have any qualms with me telling you
it was on June 10th of 1996?
It was a long time ago.
Now you indicated in your statement that it
was the Smithville Jamboree, the year before
last is how you characterized it. Do you need
me to let you look at that?
I don't know what year that was.
You said you talked about the Smithville
Jamboree, and you said I think it was the year
before last?
Whenever I made this, it was six months -- it
was probably about six months that I didn't
see her.
Now, you made this on June 10th of 1996.
That would have been'94,
!....
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84
Okay?
(Witness nods head in the affirmative.)
And tell the jury, what month of the year does
the Smithville Jamboree occur? I mean, it's
the same month every year, right?
It's the same time every year, the same dates.
Is it in the springtime?
I can't really remember. I'm pretty sure it's
the summer or something like that. Maybe
winter, I don't know.
Now, you know, of course, that she died in
April of 1996, so it wouldn't have been that
year's Jamboree?
No, it couldn't have been that year. It was
probably about nine months before that.
So that would have been the '95 Smithville
Jamboree?
I guess.
If she died in '96, would that by necessity
have made it '95?
Yeah.
That wouldn't have it the one that was the
year before last?
right?
I don't.know what you mean.
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85
So it was the '95 Smithville Jamboree when you
saw them together?
(Witness nods head in the affirmative.)
And you said that that was just one of the
occasions that you saw them together, but you
saw them several other times as well?
(Witness nods head in the affirmative.)
Now, when you gave your statement to the
police on June 10th of 1996 you talked about
the Smithville Jamboree, but then you said, "I
never saw David with her again. II
No, I don't know if I said that or not because
the last time I saw them, they were leaving.
We were at a friend's house and she was in the
truck, but I didn't talk to them.
So read over this portion that I have
underlined in green, okay?
(Witness complies.)
Okay?
Yeah.
Other than that, is everything else right?
Yeah.
But you're telling this jury that what you
wrote down almost two years ago now, when it
was closer in time, when you signed a
r .
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86
statement that says, "I never saw David with
her again," you're telling this jury now that
that's incorrect?
I never met up with them other than that, is
what I meant by that.
But you just told the jury that you were
actually at a party with them and you talked
to them and stuff at a party, and you also saw
them in the truck?
The party at Elgin was before the Jamboree, I
think, and then it was the Jamboree, and then
I saw her a couple of times running around
with him.
But you said David introduced her to you at
this Jamboree as his girl Stacey, so that
would by necessity mean that that is the first
time you met her, right?
No, that was the first time he introduced her
as his girl.
Okay. Now, this statement that you gave was
given about twelve days after David Lawhon was
arrested for murder, right?
Uh-huh.
And you, of course, knew there was a $50,000
reward for information leading to the killer
87
REDIRECT EXAMINATION
QUESTIONS BY MR. GARVIE:
Q. Ma'am, did you get any proceeds from any
reward?
A. No.
Q. Did anybody ever talk to you about the $50,000
reward?
A. No.
Q. In fact, when they called you in, they were
talking to you about Mary Ann Arldt,right?
A. Yeah.
Q. And in this conversation it came up about
Stacey, isn't that correct?
A. Yeah, the investigator asked me.
of Stacey Stites, right?
They didn't call me in for that. It was about
the other girl.
But you knew there was a reward out there for
$50,000 if we could get Stacey connected to
David, right?
No.
No?
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questions.
MS. TANNER: No further
88
RECROSS EXAMINATION
QUESTIONS BY MS. TANNER:
Q. Do you know a young man by the name of Jimmy
Fennell?
A. Jimmy who?
Q. And you're pretty certain about what you said
here today, aren't you?
A. Yeah. I'm not very good with dates though.
mean, it was a long time ago and I can't
remember dates very well.
Q. But you can remember that you saw them
together?
A. Oh, yes.
Q. On more than one occasion?
A. Uh-huh.
And you were just telling what you knew?
Yeah.
Jimmy Fennell?
I don't think so. Maybe if I saw him.
So you would have no knowledge that Stacey
Stites would have been with Jimmy Fennell?
Oh, you mean her fiancee?
I
Pass theMR. GARVIE:
witness.
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89
(Whereupon the witness was
excused from the stand.)
Her fiancee?
I didn't know him.
So you would have no way of knowing that she
was with her fiancee at the '95 Smithville
Jamboree, would you?
Are you talking about when I met her as his
girlfriend?
Yes.
No, she was with him.
MS. CLAY-JACKSON:
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Okay.
MS. TANNER:
questions.
MR. GARVIE:
questions.
THE COURT:
ma'am, you may step down.
THE COURT:
witness?
Lindley.
THE COURT:
No further
No further
That's all,
Who is your next
Iris
Iris Lindley.
I .
i90
DIRECT EXAMINATION
A. Yes, ma'am, I am.
QUESTIONS BY CLAY-JACKSON:
A. Yes, I am.
(Witnessswear you in before you testify.
A. Bastrop Nursing Center.
Lindley is spelled L-I-N-D-L-E-Y.
last, please.
sworn.) Please have a seat right over here.
IRIS LINDLEY, the witness, after having
Ma'am, would you please speak into
County?
that microphone so we can all hear you.
Will you raise your right hand and let me
Q. Where are you employed?
Q. Are you presently employed?
A. All my life.
Q. How long have you lived in Bastrop County?
Q. Ms. Lindley, are you a resident of Bastrop
A. My name is Iris Lindley, and it's spelled --
Q. Would you state your full name and spell your
and testified upon her oath as follows:
first been duly sworn, assumed the witness stand
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91
And what do you do at the Bastrop Nursing
Center?
I do laundry. I'm a laundry person.
Do you know the young man who is seated to my
left?
Yes, I do.
Who do you know him to be?
Rodney Reed.
I want to draw your attention back to -- were
you living in Bastrop County back in 1996?
Yes, I was.
And did you know Rodney Reed in 1996?
Yes, I do.
And how do you know him?
I met him when he was a little kid, and I've
been knowing his parents for a long time.
Was there an occasion, a specific occasion, in
the first part of 1996 where you were visiting
in the Reed home?
Yes, I was.
And on this particular occasion do you recall
anything -- where were you on this particular
occasion?
I was sitting on Ms. Reed's porch talking to
her.
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92
Talking to Ms.. Reed?
Yes, I was.
Did anyone approach, any non-family member,
approach the home when you were sitting there?
Yes.
Can you describe the person who approached?
Well, she was maybe 5'5", she had dark brown
hair, she was kind of heavy, on the heavy
side, not too heavy, and when she walked up
she asked for Rodney and Ms. Reed told her
Rodney wasn't there, and she said would you
tell Rodney that Stephanie come by.
Who came by?
Stefanie.
Stefanie?
Uh-huh. Stacey or Stephanie.
I'm sorry, Ms. Lindley, what did she say her
name was?
Stacey.
I show you the contents of State's Exhibit
109. Does this look like the young lady that
came by?
She was a little heavy-faced.
A little heavy-faced?
Uh-huh.
93
witness.
Q. Okay~
MS. CLAY-JACKSON:
CROSS EXAMINATION
QUESTIONS BY MS. TANNER:
Pass the
Did you talk to them?They visited with you?
Yes, I did.
Did you give them a statement?
me.
Ms. Lindley, did you have the opportunity to
give a statement to the defense attorneys or
to a defense investigator or anybody? Did you
talk to anyone of that nature?
When?
Before you got here today, at some point
between April of 1996 and today, have you
talked to a defense investigator?
Yes, I have.
And you visited with them about what you
testified to here?
I didn't visit with them, they visited with
Yes, ma'am.
I show you the picture on State's 1, does this
look like the young lady?
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What I seen, ye·s.
2 MS. TANNER: Pursuant to
3 Rule 614 we would like a copy of the witness's
4 statement. We obviously -- since there is no
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reciprocal discovery we have no right to it
until now.
7
8 have a --
MS. CLAY-JACKSON: We don't
9 THE COURT: I think what she
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is asking you is did you give a statement in
writing.
12 THE WITNESS: No.
13 Q. (BY MS. TANNER) Did they take notes about
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A.
Q.
A.
what you were telling them as you were saying
it?
He was writing but I don't know if he took
notes or not.
So when you were talking, he was writing kind
of like I was doing a minute ago?
Yeah.
21 MS. TANNER: Okay, we would
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ask for a copy of those notes pursuant to
614.
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THE COURT:
copy of the notes?
Do you have a
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witness made a written statement they get a
is no reciprocal discovery until she testifies
substantially verbatim recital of oral
statement made by witnesses recorded
Now, this girl that you're
They
There
Yes,
Judge,
Judge,
It says a
We are
Thank you,
Go ahead.
I'm satisfied
The rules says if the
That's what I'm asking
MS. CLAY-JACKSON:
MS. TANNER:
MS. CLAY-JACKSON:
MS. TANNER:
MS. CLAY-JACKSON:
Not the notes from our
THE COURT:
(BY MS. TANNER)
THE COURT:
they don't have it.
Is that what you're telling me?
that is not the rule.
and we would like to see what she said.
have gotten everything we have.
contemporaneously.
for.
copy of that.
investigator.
that's what I'm telling you.
Judge.
no, I don't have a copy of the notes.
certainly entitled to them, Your Honor.
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telling us about, had you seen her come over
before?
I seen her that day.
That day?
Uh-huh.
Had you seen her any other days?
No.
And when she came over, did she walk up to the
house or did she drive up to the house?
She drove.
What did she drive?
A gray truck.
A gray truck?
Uh-huh.
And you indicated that you know the defendant
and have known him for some time?
Yes.
And would it be fair to say that he generally
dates Caucasian woman?
I can't answer that.
Did it appear to you that she was looking for
him kind of like a girlfriend looks for a
boyfriend?
Yeah.
I mean, that's the whole reason you're here,
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MS. CLAY-JACKSON:
Objection, Your Honor, may we approach?
(Whereupon a brief discussion
was held off the record.)
(Objection outside hearing
of jury.)
To tell this jury that?
And so I want to make sure I don'tOkay.
MS. CLAY-JACKSON: Judge,
it's our contention we are going to object to
this line of questioning by the State because
it tends to extract it by going into
right?
Yeah.
understate or overstate the significance of
what you're telling this jury, but what you're
telling them is what you saw that made you
think those two people were dating, right?
Yes.
Okay. And based on what you saw then, what
you have testified to before, if there was any
sexual activity between them that would have
been --
A.
Q.
A.
Q.
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f. 98
MS. CLAY-JACKSON:
MS. CLAY-JACKSON:
Objection, Your Honor, no evidence.
(Back in front of the jury.)
She's here to
It's overruled.
Overruled.
It's overruled.
THE COURT:
-- to let the jury know that
THE COURT:
Objection, it's speculation.
tell the truth.
THE COURT:
that girl didn't show up on Rodney Reed's
doorstep for selling newspapers or work?
Correct.
And your impression was that the two of them
were dating and that's what you're here to
tell this jury?
Yes.
And people who date engage in consensual sex,
right?
(BY MS. TANNER)
(BY MS. TANNER) The whole point for which you
have been brought here by the defense is to
let this jury --
extraneous offenses.
She's on cross.
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99
REDIRECT EXAMINATION
QUESTIONS BY MS. CLAY-JACKSON:
Q. Ms. Lindley, you don't know whether the woman
you identified in State's 1 and Rodney Reed
were dating?
A. No.
Q. All you know is she came up asking for him?
RECROSS EXAMINATION
QUESTIONS BY MS. TANNER:
Q. But that's the impression you were left with
and the impression you want to leave with this
jury, that they were dating?
A. Not necessarily.
Q. But you said that earlier?
questions.
MS. TANNER:
Pass the
No further
MS. CLAY-JACKSON:
Right? You would assume so?
Yeah, I know.
Yes.
witness.
Well, not necessarily.
Okay.
(BY MS. TANNER)
A.
A.
Q.
A.
Q.
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questions.
MS. TANNER: No further
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further.
MS. CLAY-JACKSON:
MS. CLAY-JACKSON:
Nothing
May this
witness be excused to go back to work?
THE COURT: Yes.
(Whereupon the witness was
excused from the stand.)
THE COURT: I'm going to let
you take a short break, it won't be very long
so don't get too comfortable.
(At this time a recess was
taken. )
(Whereupon the following
proceedings were had outside
the presence and hearing of
the jury.)
THE COURT:
here and let me swear you in.
Ma'am, come up
They may want
101
break.
to ask you some questions.
(At this time a recess was
taken. )
THE COURT: When the jury gets
back in here I'll probably swear you in again
before them.
YouI'm sorry?
Yeah, I did, Ms.
Judge, I didn't
MR. GARVIE:
MR. GARVIE:
MS. TANNER:
Blakley.
get to voir dire one of their witnesses.
didn't ask.
THE COURT: Okay, do you want
to share the report, and do you need time to
go over her report?
MS. TANNER: It may speed
things up if I could have about fifteen
minutes to look at this report.
THE COURT: Okay, take a
ELIZABETH A. JOHNSON, the witness, after
having first been duly sworn, assumed the witness
stand and testified upon her oath as follows:
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102
THE COURT: Are you going to
need more time to go over her report?
MS. TANNER: Yes, Your Honor,
I need a little more time.
THE COURT: Let's go ahead
and break for lunch. I'll go ahead and ask
that the jury return after lunch.
(Whereupon the Court recessed
for a luncheon break.)
103
1 STATE OF TEXAS
2 COUNTY OF BASTROP
3 I, Carolee Murray, Official Court
4 Reporter in and for the 21ST Judicial District
5 Court of Bastrop County, State of Texas, and Notary
6 Public for the State of Texas, do hereby certify
7 that the above and foregoing contains a true and
8 correct transcription of all the proceedings (of
9 all proceedings directed by counsel to be included
10 in the Statement of Facts, as the case may be), in
11 the above styled and numbered cause, all of which
12 occurred in open Court or in chambers and were
13 reported by me.
14 I further certify that this
15 transcription of the record of the proceedings
16 truly and correctly reflects the exhibits, if any,
17 offered by the respective parties.
18 WITNESS my hand this the 18th day of
19 August, 1998.
20Carolee Murray
21 Official Court Reporter335th Judicial District
22 Certification No. 1938Expiration Date 12-31-98
23 P.O. Box 2441Brenham, Texas 77834
24 (409) 277-0707
25 Taxable Court Cost:
