Fogleman: Detective Ridge, could you state your name and occupation for the jury?
Ridge: Bryn Ridge, Detective for the West Memphis Police Department.
Fogleman: And Detective Ridge, I want to direct your attention to May the 6th, 1993, Thursday. Did you uh - did you participate in the investigation of the disappearance of Michael Moore, Stevie Branch, and Chris Byers?
Ridge: Yes sir, I did.
Fogleman: And what part did you play in that investigation?
Ridge: Uh - in the search itself and the crimescene.
Fogleman: Alright. And what time did you begin uh - searching for the kids yourself?
Ridge: Uh - to the best of my memory, about 7:30 that morning.
Fogleman: And um - what areas did you search?
Ridge: Ok. Upon arriving at the station, I was informed of the disappearance of the children uh - reports were that they were in the Robinhood area and I went to the Robinhood area, searched that area on foot. Uh -
Fogleman: When you say you searched it, what do you mean?
Ridge: Ok. I went into that area. Uh - walking through that area.
Fogleman: Ok.
Ridge: And uh - upon arriving in that area, the first person I saw was a Steven Branch who was in the uh - along the ditch near Mayfair -
Fogleman: You talking about Stevie's father?
Ridge: Yes.
Fogleman: Ok.
Ridge: And then, he was in the area near Mayfair Apartments. There's a pipe there that crosses Ten Mile Bayou, I crossed that pipe. There was a bicycle laying on the north side of that pipe, uh - I walked into the woods, I saw a young man out in the woods hollering for the children. Uh - I looked in -
Fogleman: When you say young man, do you know about how old?
Ridge: I would say 15 to 16 years old.
Fogleman: Alright.
Ridge: I looked into the field on the north side of Ten Mile Bayou. There were two young men in that field hollering for the children and uh - looking through the field into the Ten Mile Bayou ditch. And uh - I had a discussion with the young man that was on the bicycle about leaving his bicycle there - somebody were to discover that bicycle, they may think it was a bicycle one of the boys missing owned and it would cause people to converge on an area when there was no reason to believe that the kids were there.
Fogleman: Where did you come into contact with this young man?
Ridge: Uh - I was on the northeast side of the area, known as Turtle Hill.
Fogleman: Ok. Were you in the woods?
Ridge: Yes, in the woods.
Fogleman: Alright. If you could, step down and refer to the state's exhibit 13 and if you could show us the approximate area of where you had this conversation with the young man.
Ridge: Ok. This is the pipe that crosses the bayou, this area right here is a heap of dirt that was uh - made when the ditches were dug out and this is known as Turtle Hill. When I crossed the hill on this trail, I was in this area, saw this young man out in this wooded area searching. Uh - he was calling for the kids. He came back to me, he told me he was looking for the kids, this is where I talked with him. He said that he left his bicycle over here by the pipe, it had a flat on it. And that uh - I had the conversation with him and told him that he needed to take the bicycle and keep it with him.
Fogleman: While we're in this area and while you're in this area, describe for the jury the terrain from the end of uh - West McAuley down to the pipe and then from the pipe up.
Ridge: Ok. All of this area, there's about a 20 foot - 30 foot wide area here, just nothing but weeds. Uh - they vary in height from waist and chest high to some of it would be over your head. Back to the east of that area, there are trees that would be 20 - 30 foot high, uh - circumference of maybe a foot and a half. They're just - they're spread out all through this area for about a quarter of a mile down to the next street. Uh - there are trails where um - kids ride bicycles, 3-wheelers, go carts. Uh - then there are these trails here, when you cross -
Fogleman: Let me stop you.
Ridge: - the bayou.
Fogleman: Dead end of West McAuley to the pipe, is it - I mean, describe it - is it level? Do you go up hill, down hill to get to the pipe?
Ridge: Oh, from the end of the pipe, you'll be level, you'll go up a small hill, and then you'll start going down on the hill to the pipe.
Fogleman: Alright.
Ridge: Uh - it's sort of uneven terrain.
Fogleman: Alright. And approximately how much drop would you say from the pipe to the level ground?
Ridge: Probably, an estimate - 5 to 6 foot.
Fogleman: Ok. Alright. And on the other side, do you walk off the pipe and it's just flat or what?
Ridge: No sir. You would start immediately going up the far bank. And it's - go up to top of Turtle Hill, which would be another 5 or 6 foot above that. And ofcourse the trail - unless you get up to the level of the surrounding land, then this trail would pretty well flatten out and go into the back of Blue Beacon. Then you have the trail that went over the top of Turtle Hill and goes into this area, which is flattened out.
Fogleman: Now, let me direct your attention to state's exhibit 101, and if you could uh - show the jury in this particular ariel photo - 101, uh - what areas did you search? Uh -
Ridge: Ok. When I first got to Robinhood Hills or Robinhood Park that day, I parked here. Ok. I walked through these trails to the Ten Mile Bayou, and then I walked the trails down through here which these are just -
(tape flipped)
Ridge: - got my 3- wheeler actually. Um - actually, the first thing I did - excuse me - is I come back across the pipe and I'd go back like I'm going back to my vehicle, but rather than turn and come down these trails, I go the same trail - runs off of this area, an area known to me as Devil's Den and it's just another creek that runs into the Ten Mile Bayou - then I started searching through all these vines and weeds and trees in this area and make my way back to my police unit. After getting to my police unit, I go to my residence, pick up my uh - 3-wheeler and then I began searching on my 3-wheeler.
Fogleman: Where did you search on your 3-wheeler?
Ridge: Ok. I parked here and got on my 3-wheeler going back to this area, coming out here with my 3-wheeler, then I go down the east side of this ditch into that field, go around the edge of that field and this is - there's alot of water and what have you from the recent rains in this area - and go all the way down to 18th street, which is about uh - 300 yards, maybe, on to the east. Then I cross the expressway on Ingram Avenue, I go north uh - past the dogtrack, cross the railroad track and start making my way back to the west. Uh - I go to the area around Lakeshore Trailer Park, all the fields on the backside looking for bicycle tracks, small footprints, anything - any sign would have been there -
Fogleman: Alright, let me stop you now.
Ridge: Yes sir.
Fogleman: Alright. Now, after you searched and searched and searched, did you recieve some word that you needed to return to the woods there by Blue Beacon?
Ridge: Yes sir, I did.
Fogleman: Alright. And about what time was that, approximately?
Ridge: A few minutes after 1:00. Uh - 1:15 to 1:20 is a guess, an estimate.
Fogleman: And did you return to that area?
Ridge: Yes sir, I did.
Fogleman: Alright. You can retake the stand.
(mumbles)
Fogleman: Let me show you uh - state's exhibits 14, 15, and 16 - ask if you can identify those.
Ridge: Yes sir, I can.
Fogleman: Those photographs fairly and accurately portray the scene as it appeared to you at that time?
Ridge: Yes sir, they do.
Fogleman: Your Honor, we would offer state's exhibits 14, 15, and 16.
Price: No objection.
Ford: No objection.
The Court: It may be recieved without objection.
Fogleman: Your Honor, may the witness step down and describe to the jury?
The Court: Yes, he may.
(mumbles)
Fogleman: I believe it's going to be 14, 15, and 16. If you would take the corner Detective and describe uh - beginning with - to the left, which would be 14, 15, and 16 - you describe -
Ridge: Ok.
Fogleman: - what's shown in the photographs.
Ridge: This is an ariel photograph of an area known as the crimescene - Robinhood Woods. It's from the north looking to the south. This is West McAuley, this is the area known as Mayfair Apartments, this is the water impound area that would be for Blue Beacon which would be lower in the picture, uh - this street is W.E. Catt, this is a trail that comes off the end of West McAuley - comes down to the pipe, it also has a branch that runs back into the area known as the other Robinhood Woods, back in that area where all the trails are that 3-wheelers, 4-wheelers, and bicycles are on. Ok. The pipe crosses Ten Mile Bayou and you've got the trail that comes up the side of the bank - this is the trail that goes across the area, which is just a heap of dirt which is known as Turtle Hill. The trail will either split and go that way, which leads into the area of the crimescene, which lays right in this area - or the trail continues straight forward and goes into the backend of Blue Beacon. Uh - this photograph is a photograph of -
Fogleman: 15?
Ridge: Yes sir, exhibit 15. Uh - this is 7th street. It's a picture from the west looking east - it's actually a little bit southeast. Uh - here again is West McAuley, the apartments known as Mayfair, W.E. Catt, the pipe crosses Ten Mile Bayou - here is the pipe that crosses Ten Mile Bayou, this area is the area of the crimescene, the Robinhood Woods - all of this area here where the bicycle trails are and everything are known as Robinhood Woods, as well as this area of Robinhood Woods - Robinhood Hills. Uh - this is 40 - 55 expressway. 55 travels on to the east and south here at the split - this is the split where 40 travels to Memphis, going a little bit north and east. Uh - this is 7th street, this is 76 truck stop, this is Luv's truck stop, again this is the Blue Beacon, and this water impoundment that you can see here. Uh - this is a picture from the south -
Fogleman: Referring to exhibit 16?
Ridge: Exhibit 16 - looking to the north, a little bit east of north. Here is 7th street, uh - here is West McAuley, the apartments known as Mayfair, Robinhood Woods here and these trails, and again this is 55 - 40 expressway, the Blue Beacon, 76 truck stop, this wood line that you can see coming down through the middle of it - that is the Ten Mile Bayou.
Fogleman: You can retake the stand, Officer.
Ridge: Yes sir.
Fogleman: Alright. Now when you get to the um - area of the woods by Blue Beacon, uh - what did you find there?
Ridge: Ok. I found that Mike Allen was on the scene, a Sargeant with the police department. Lt. Diane Hester on the scene, who's a Detective with the police department. Inspector Gitchell, and I believe Stan Burch and uh - Detective Bill Durham were there.
Fogleman: And after arriving, what did you do?
Ridge: Ok. I was informed of some shoes that were found floating in the water and that Mike Allen had gotten into the water to see about the retrieval of those shoes - see if they were those of the uh - victims - and while he was doing so, he found the body of one of the victims.
(long pause)
(mumbling)
Ford: Are you offering these?
Fogleman: I'm getting ready to.
Ford: Your Honor, he's going to offer some photographs, we would like to make a record out of the presence of the jury.
The Court: Let me see 'em.
Fogleman: Your Honor, we're trying to keep 'em in order, if you don't mind.
The Court: Alright ladies and gentlemen, uh - with the admonition not to discuss the case, you may step into the jury room for a 5 to 10 minute recess. I'll call ya back in when we're through.
(mumbling)
Price: Approach the bench?
Ford: Your Honor, if we could start with the photographs, um - I've had some - there're gonna be some - you know, I just want to make sure that my objection in all hearings outside the presence of the jury are not to be filmed or recorded or subjected to any cameras in this stage of the game and I want to make sure that the press is aware of that. Because it's vaguely printed and it could be read -
The Court: Just a minute, let me finish this.
(pause)
(mumbling)
The Court: Mike, is this more than one person?
(mumbling)
The Court: Huh? You want Pat to sign the rest of these?
(unidentified) : I just need you to sign where my secretary says these things are appropriate...Yeah.
Fogleman: Your Honor, what I was gonna bring up, there are some uh - perspective witnesses of the state who are under 18 and their parents have requested not only that they not be filmed, but they would prefer that their names not be in the paper and we would like the court to request the news media not to print the names of those witnesses that are under 18.
The Court: Well, I can request it, but I don't know whether it'll do a bit of good.
Fogleman: I understand that Your Honor and that's all that we're asking is that the press to be requested not to print the names -
The Court: Ok.
Fogleman: - of witnesses under 18.
The Court: Ok. Did you have some understanding, Mr. Ford, with the cameras that no pictures were to be taken of noone in Denno Hearings in the courtroom?
Ford: That's correct, sir.
The Court: Well, if that was the understanding, then I expect you to live up to the understanding.
Ford: Alright, Your Honor.
The Court: Alright. Let the rec -
(unidentified) : I can't hear you, Judge.
The Court: Well, maybe I had this off. Mr. Ford indicated that he had some understanding with the um - um - cameras, still and otherwise, that they would not be utilized during any hearing in the courtroom - was that your understanding?
(mumbling - talking over)
The Court: What?
Ford: Your Honor, it was my agreement that we would not - we would withdraw our objections to the electronic media - the cameras, the recording devices, any still cameras or moving picture cameras, we would waive th - we would withdraw our objections provided that there would be no recording of any testimony or conversations during the hearings outside the presence of the jury and that there be no photographs or film taken during those as well.
The Court: If that was the understanding, then that's what we'll have. Alright, let's proceed gentlemen.
Fogleman: Your Honor, I didn't get the - did the members of the press get my request?
(unidentified) : No.
(unidentified) : No.
Fogleman: Ok.
The Court: It was requested that the witnesses that are under the age of 18 years - I don't know who they'll be, I must - who are they, John?
Fogleman: Your Honor, there's several. If they need case by case, I can give it to 'em. Witnesses under 18, their parents - if possible - would like for their names not to be used - I mean, it's a request.
(mumbling)
(unidentified) : Not a problem.
Fogleman: Ok.
The Court: I'm not entering the order, it's just being requested. Do whatever you wanna do - what you're gonna do, I guess would be the -
(unidentified) : Your Honor, Mr. Ford's motion in regards to the recording of - what's going to happen if -
The Court: This is called a - well, I - a Denno Hearing, it's a hearing out of the presence of the jury, uh - to review these photographs of - I mean, you can report whatever you want of it, but he doesn't want it photographed.
(unidentified) : Oh, photographed - ok.
The Court: Or recorded. Now, I don't know if you had that same understanding with uh - Homebox Office or not. I guess it applies to them as well.
Ford: Yeah, we had that with all media, Your Honor. That is my condition.
The Court: Alright. Then that's my understanding then. Alright, let's proceed gentlemen. You handed me uh - 1, 2, 3, 4, 5, 6 photographs. Exhibits 39, 36, 20, 17, 35, and 24.
Fogleman: Your Honor, I might as well go ahead and - these are the ones that we had before about the condition of the bank, but they do have one of the victims in it.
The Court: What - give the exhibit number for the court reporter. It's 26?
Fogleman: 26, 23, 22.
The Court: That'll be 9 photographs - alright. What is your objection?
Ford: Your Honor, we're objecting number 1 to uh - can we turn these microphones off, Your Honor? That's not gonna -
The Court: No. Go ahead.
Ford: It was our understanding that -
The Court: This microphone is my PA system. Those are suppose to be off, except for the court reporter's. Is that correct - they're off?
(mumbling)
The Court: No.
(mumbling)
The Court: Ok. I want the ones that go to the van off.
(mumbling)
The Court: Alright.
Ford: Your Honor, first, I would like for them to establish what relevance there is to those photographs - what the proposition is. And once they have determined that, Your Honor, I can - at that point, make an objection. But I feel until there's a um - a proper um - foundation that's been laid to the introduction of the photographs that the proposition once they're introduced is identified by this witness that I'm not able to make specific objections.
Fogleman: Your Honor, I can take care of that. Your Honor, the - let me get this photograph - Your Honor, the first 3, which are 22, 23, and 26 are to show the condition of the bank. Uh - they show the - how it's slicked off -
Ford: That is ridiculous.
Fogleman: - cleaned off, the bank -
Ford: That's ridiculous.
Fogleman: - and to show the, uh - we don't have photographs to portray, that it don't have uh - that victim in the picture. Exhibit 39 is to show the recovery of uh - Michael Moore, it also has the stick with the clothes on it.
The Court: That right there?
Fogleman: Yeah. 36 -
(mumbling)
Fogleman: - is the photograph of the recovery of uh - I think that's - I believe that's Stevie Branch. Not only shows his recovery from the water but also the condition of the surface of the water - the debris in the water. Exhibit 20 uh - shows the recovery of Stevie Branch with uh - again, the condition of the water and also the condition of the bank, which would be the west bank where there's a flattened off spot where his body was recovered. Exhibit 17 is uh - Stevie Branch, it shows the ligatures and the manner in which it's tied. In addition to uh - the uh - bank and the wound to his face. Exhibit 35 shows the recovery of Chris Byers uh - it also shows the condition of the surface of the water, the debris and exhibit 24 shows the ligatures on Chris Byers and uh - his general condition and also uh - the least offensive uh - photograph of Chris Byers.
The Court: You had a whole stack of other photographs that I didn't allow in. Where are those?
Ford: Well Your Honor, we're in a separate trial here today. We're not - this is not, you know -
The Court: Mr. Ford, I understand that.
Ford: Alright.
Fogleman: Your Honor, the court reporter has those photographs that we proffered and I don't know exactly how to do this but we hadn't had 'em - I would like to proffer the same photographs that we proffered in the other trial in this trial, with the understanding they wouldn't be admitted, but for purpose of showing the photographs that we proffered.
The Court: Alright. That'll be allowed. Alright.
Ford: Your Honor, state's exhibit number 22, 23, and 26 were offered for the proposition of establishing the condition of the bank.
Fogleman: You might also add, they show the ligatures on Michael Moore.
Ford: Alright. First of all Your Honor, if they're trying to show the ligatures, they're trying to show the condition of the bank, then they're trying to show his injuries - one will do. Three, I don't see how they show - one shows more bank than the other one. This one doesn't hardly show any of the bank. That would be exhibit number 22, which has Officer Ridge, a green leaf and the body - noone's looking at any bank in that photograph. State's exhibit number 23 and state's exhibit number 26, Your Honor, I submit that is that is offered for the proposition to establish the condition of the bank, that that is not a fair and accurate representation of what that bank should appear like in it's totality if they're trying to establish that this bank has been scrubbed off, slicked off because there's not enough bank there to even have the slightest bit of understanding. Secondly Your Honor, they're duplicative and there's no need to introduce both of those. I submit, Your Honor, that not one of those photographs is relevant to establish the proposition as to the condition of the bank.
Davidson: We would join in that motion also, Your Honor, all these motions.
Ford: And lastly, Your Honor, I would ask how those are necessary in order to help the witness explain in his testimony.
Davidson: One further thing I would like to add, Your Honor, is that uh - it's my understanding that there is a video of the bank that would depict this area without having the inflammatory uh - the bodies in there and uh - there are portions of that video that could certainly be shown to show the same thing.
Fogleman: Your Honor, I don't believe the video at all shows the condition of this bank, where you can look at this picture of the bank and see the swirls in the mud, you can see the grass bent down covered with mud, and you can see the uh - uh - the slickness, general appearance of the bank.
The Court: Alright. Are you offering them in all to show the condition of the body, the wounds sustained in addition?
Fogleman: Your Honor, we would offer to show the condition of the body as far as the ligatures and uh - the general condition of the body, but frankly the main purpose is the condition of the bank, but we would also offer for those other purposes as well.
The Court: Did you have any other pictures of bank without the bodies being placed on the bank?
Fogleman: Not of that bank, I don't believe. Let me -
(pause)
Fogleman: Your Honor, I have a couple of pictures, which number 37B which you can - which is extremely dark and you can see a bit of the slicked off area. This uh - photograph exhibit 27 is mainly of the area uh - north of where the slicked off area - the slicked off area being back this way in the top - top corner of the picture.
Davidson: Your Honor, I believe here are 2 photos of the -
Fogleman: That's not the same bank.
Davidson: Which one?
Fogleman: The top one. That's the east - that's the west bank.
Davidson: What about this?
The Court: The bottom one is the one he just showed me.
Fogleman: The bottom one is the one I just showed and it showed the slicked off part is just in this top corner. It shows hardly any of the slicked off part.
Davidson: I have no objections to this one, Your Honor.
Ford: Your Honor, I have no objections to state's exhibit number 27 and quite frankly, Your Honor, that shows more of the bank than these other 3 photographs.
Fogleman: But it doesn't show the close up of the bank, the grass bent down with mud on the grass, and the general - the uh - the swirls and patterns.
Ford: It doesn't? That right there?
Fogleman: That is not -
Ford: And right there.
Fogleman: - the part that's slicked off. See, that's what I'm talking about, you can't get a fair picture of what we're talking about looking at that picture because this grass is all standing up. That isn't the area we're talking about. The area we're talking about is this area right up here, this way.
The Court: Alright. I'm gonna overrule the objection. They can - you can put 23 in too if you want to.
Ford: The - you don't find those accumulative in nature?
The Court: No.
Ford: They each - can I please ask the court for - what is represented in these - state's exhibit number 26 that is not represented in state's exhibit 22?
The Court: There's a great deal. This one shows a good bit more detail and more area.
Ford: If that being the case, Your Honor, what is the re - what is the court's ruling as the relevant proposition established with state's exhibit number 22?
The Court: It seems apparent to me that it shows the deceased person that's tied with ligatures on both hands and foot with uh - with visible injuries to their face and that's certainly relevant if that's what they're proposing it for.
Ford: Well Your Honor, you indicated that he's offering state's exhibit number 22 to establish the condition of the bank.
The Court: Naaa -
Ford: If the court's ruling is offered that it is also relevant to show the condition of the body and the ligature, then we would object to it on that basis.
The Court: Well, he indicated it was to show the ligatures, the way I understood it and -
Fogleman: And the bank.
Ford: I think he said, Your Honor, "Frankly the reason we're offering these ones is to show the condition of the bank". Isn't that what you said?
Fogleman: I said "The main reason was to show" -
The Court: Well, the pictures aren't that inflammatory. I've seen a lot worse than these and I'm gonna allow 'em, if they've got any relevance.
Ford: What is the - what additional factors are shown in state's exhibit 23 that are not reflected in state's exhibits 22 and 26?
Fogleman: It shows that additional area of the bank that's not shown in this picture. As you can see, Judge, that is the bank - from the left leg toward the water, neither of these show that area.
Ford: Is it your contention that these - this slicked off area is where the crime occurred? Where - is that your contention?
Fogleman: They can draw their own conclusion.
Ford: I'm asking if you - are you offering it for that proposition?
Davis: He's not required to respond to that.
The Court: He's required - he's putting on the condition of this area in the general crimescene.
Ford: Ok. But it has to be - so it's only offered to establish the condition of the crimescene?
The Court: They didn't say that.
Ford: Well, they have to offer it for some proposition, Your Honor, in order for it to have any relevance.
Fogleman: Your Honor, I've already stated -
The Court: I've already ruled. I'm waiting for y'all to finish.
(courtroom laughter)
Ford: Your Honor, state's exhibit number 39, state's exhibit number 36, and state's exhibit number 20 - we would have no objection to those. We feel that they establish relevant propositions without it being an inflammatory nature.
The Court: Alright.
Ford: State's exhibit number 35, Your Honor, would be - a like uh - a response in respect to - in state's exhibit number -
The Court: What is your objection on 35?
Ford: I don't have one.
The Court: Ok.
Ford: With respect to state's exhibit number 24 and state's exhibit number 17, I would like to inquire as to the proposition in these photographs are offered and if they are truly necessary to explain the testimony of this witness.
Fogleman: Your Honor, they're offered - number 24, to show the condition of Chris Byers as he was recovered from the water and 17 is offered uh - to show the condition of Stevie Branch and also the condition of this particular area of the bank - it's a different area. And uh - Your Honor, this was - this is the - by far the least offensive photograph -
The Court: Well, I went through quite a few and some of 'em I've found to be aweful tough and that's the least one of 'em and it does depict and show the sustained by the victim and it's very admissible and relevant for that issue.
Ford: But is it necessary to explain this witness' testimony? Do you need this - can you explain your testimony, Officer Ridge, without the use of this photograph? Can you -
The Court: That's not the issue. The issue -
Ford: I think that's one of the issues, Your Honor.
The Court: - is whether or not the photograph aids and assists him in - there's a descriptive in what he saw and observed and if it accurately portrays the condition of the body at the time he retrieved it from the ditch - that's the question.
Ford: Does it aid - do - do you need this to properly testify? Does it aid and assist you or can you testify without - as to his condition when you retrieved him from the water, without this photograph?
Fogleman: Now those are 2 separate questions that he just asked him.
The Court: Well gentlemen, I'm gonna allow those photographs. I remember an old add of - a photograph is better than uh - you know the rest of it.
(courtroom laughter)
Ford: Your Honor, I didn't know that was - a picture's worth a thousand words, was one of the exceptions to the rules for -
Price: Your Honor, we -
The Court: Well, rule 403 is met with this photograph. And the court has reviewed numerous other ones - photographs - y'all were present - those were excluded, they're likewise that excluded now.
Ford: Your Honor, we did not have the opportunity to make a record -
The Court: I - I'm allowing you to make your record.
Ford: But they're not here.
The Court: Well, I think they are. And they -
Ford: Do you have those photographs?
(mumbling)
Fogleman: Your Honor, well, they're being exclused anyway.
The Court: Yes.
Fogleman: I wanted just to show these -
The Court: Well, I thought you offered those same ones that the court excluded previously, and there was a large number of 'em and as an exhibit - to allow the uh - viewing court an opportunity to see what this court excluded - and they were substantial -
Davidson: Your Honor, could the record reflect that we join on Mr. Ford's motion?
The Court: Sure, it has.
Davidson: In this in camera hearing.
The Court: Sure. For what we've just said in the last 5 or 10 minutes, yes.
Davidson: Thank you, Your Honor.
The Court: Same ruling.
Davis: Judge, one thing for the court to mull over - apparently Doctor Peretti may be the first witness for tomorrow, he can not be here until 10:00 so in the next little bit we'll continue on - (mumbling)
Ford: Your Honor, in another - on another thing, if this witness is gonna testify - I suspect this witness will testify at some length - we would like our cross examination to be - to be temporanious and have them divided by the evening hour. We request that Your Honor, we start in the morning and that would allow us to start at the appropriate time and have Dr. Peretti come in and we can have him crossed at the same time as direct -
The Court: We'll see what time it is when they are through.
Ford: Well Your Honor, if - that's the whole point, if he testifies for 30 minutes on the record and then if the court is going to uh - we do not want our cross examination interrupted or postponed for them to have put on their direct without our cross and we want it all at once whether it be in the morning or whether it be now.
The Court: Well, I just said I'd see - I'd have to see what time it was and then I'll decide what we'll do.
Ford: Then comes the answer to our concern -
The Court: It answers it this way, we're gonna do what I wanna do on the time. Alright.
(mumbling)
The Court: Alright. Well, let's proceed. Call the jury back in.
(mumbling)
The Court: Let's proceed, call the jury back in.
(mumbling)
Fogleman: Detective Ridge, I want to show you what's marked for identification purposes as state's exhibits 39, 36, 20, 35, 34 and 17. Ask if you can identify those photographs?
Ridge: Yes sir, I can.
Fogleman: And do those photographs fairly and accurately portray uh - the victims, Michael Moore, Stevie Branch and Chris Byers uh - during the process of recovery and immediately after recovery?
Ridge: Yes sir.
Fogleman: Your Honor, we would offer those exhibits.
The Court: Alright, they may be received.
Fogleman: May Detective Ridge step down and exhibit to the jury?
The Court: Yes, he may.
Fogleman: Detective Ridge, starting with exhibit 39, if you could exhibit to the jury and keep in mind the jury's ability to see um -
Ridge: Ok. This is exhibit 39, which is an enlargement of a polaroid photograph. This photograph is that of myself - Detective Ridge, and Detective Sergeant Mike Allen removing the body of Michael Moore from the ditch where he was located.
Fogleman: Now also in this photograph, what is this item right here?
Ridge: This item is a stick that - when Sergeant Allen told me he had located the body and pointed out the area where the body had been located, I was up on the west bank which is a high bank. Ok. I proceeded to the north, come down into the creek, and began walking down into the creek and searching that creek. In searching the creek, I would start in the waterline on one side, rake all the way through and get back on the other side - see if anything was there before I would walk through that area, which could possibly destroy any evidence. Ok. I had walked approximately 10 feet and gotten almost to that body when this stick was uh - dislodged and when it came floating up out of the water uh - this shirt was discovered, and the shirt was wrapped around the end of the stick -
Fogleman: Ok.
Ridge: - and all that was jabbed down into the mud in the bottom of the ditch.
Fogleman: Alright. Now when you say it was dislodged when you were walking toward that area, what if anything could you see about that stick?
Ridge: Just the end of the stick sticking up out of the water.
Fogleman: Ok. And uh - when you say you were walking that way, were you doing this - or what were you doing?
Ridge: I was searching the ditch as I was going.
Fogleman: Alright. You talking about inch by inch?
Ridge: Yes sir.
Fogleman: Alright. And describe that process for the jury.
Ridge: Ok. The ditch being approximately just over the knee deep in that area, uh - I would take - at the waterline - and rake my hand all the way around the mud there, keeping my hand at the edge of the mud all the way through from one side to the other. When that was completed, I would do the same thing and go back to the other side, uh - being careful to overlap my - the same area so that nothing was missed. And I would go through that as I went through. Like I said, approximately 10 foot before coming to the body.
Fogleman: And after you discovered Michael Moore, what did you do?
Ridge: Ok. The body was placed on the east bank, just above where he was located. And then, we began the process of removing those items that were floating in the water, uh - including the shirt, pants, shoes, and that type activity.
Fogleman: Alright. And then what did you do?
Ridge: Ok. The body - the search continued in the same manner all the way down through the creek. Uh - going through uh - there was a limb laying over in the creek that had actually uh - shoes were floating and had come up against the limb - in flowing water when something comes against a limb or debris or whatever, that's where it stops, and that's the way we found these shoes. Uh -
Fogleman: And how was the water - what was the flow?
Ridge: It was a very slow flow. Uh - above this area, has a trickle. Uh - if you can imagine, there would be something like 2 gallons a minute would come through this trickle of water. Then it would go into this area, which a 10 foot area - might be 150 gallons. So the 2 gallons a minute that would come into this area would make this a very slow current in this area - where it might have been uh - a foot every 10 seconds above that area, it was maybe a foot in every minute and a half or two minutes in this -
Davidson: Your Honor, we would object -
Fogleman: I would just estimate on it -
(talking over)
Davidson: Detective giving the opinion on the water flow - the gallons per minute, unless he's qualified to give that opinion. Thank you, Your Honor.
The Court: Alright, I'll sustain the objection.
Fogleman: Water was moving slow?
Ridge: Very slow.
Fogleman: Thank you. Alright. And as you moved uh - along doing this search, uh - how - well, just tell the jury what you found.
Ridge: Ok. At - near the body - where Michael Moore was found, the water was devoid, or there was an absence of any debris floating in that particular area. There was very little, if any, in that area. As you got lower in the stream, there was more debris. Uh - including the shoes floating, the clothes floating, and what have you - the boy scout cap. The further you went, the more debris you ran into.
Fogleman: Alright.
Ridge: Going downstream.
Fogleman: And then as you got further downstream, what else did you find?
Ridge: Ok. Approximately 25 foot - later measured as 27 foot, uh - below the body of Michael Moore, I -
Fogleman: That's downstream?
Ridge: Yes sir. I found the body of Stevie Branch. Uh -
Fogleman: Now I want to refer your attention to exhibit 36.
Ridge: This is me uh - discovering the body of Stevie Branch. In the water you can see the obvious debris - how much more debris there is here than there was in the picture where Michael Moore was located. Um - I was raising him up out of the water at that point.
Fogleman: Let me refer you to state's exhibit 20.
Ridge: State's exhibit 20 is me actually removing the body from the water and preparing to move him to the bank - lay him on the bank above where he was located. Again, in the water you can see the debris. This is Detective Stan Burch who assisted - Stan and Detective Sergeant Mike Allen.
Fogleman: State's exhibit 17.
Ridge: This is uh - me laying the body of Stevie Branch on the bank above where he was located. Uh - this area of the bank here is an absence of leaves, as in the surrounding area you can see leaves, sticks, grass, and what have you. In that particular area, there was no - there was an area of - where absence of leaves.
Fogleman: Which bank is this, we're talking about?
Ridge: This is on the west bank.
Fogleman: Alright. As oppose to where Michael Moore was, which was on the east bank - ok. Alright. And then after um - recovering Stevie and putting him on the bank, what did you do?
Ridge: Well, after observing the injuries of Stevie as he was removed from the water and I laid him on the bank, he had some severe cuts to the facial area uh - on the left side, uh - he was tied with ligatures, right hand to right foot, left hand to left foot, uh - his penis had a reddish - dark reddish bruise like color to it.
Fogleman: And then after you did that, what did you do?
Ridge: I continued to search downstream from that area, as in the previous search.
Fogleman: And what did you find?
Ridge: The body of Christopher Byers.
Fogleman: Show you state's exhibit 35 - exhibit that to describe.
Ridge: This is uh - me recovering uh - the body of Chris Byers from the water - the creek. And in the creek, you can see all the debris in this area. And uh - I found him tied as the other two victims had been tied.
Fogleman: State's exhibit 24.
Ridge: This is the uh - body of Christopher Byers as I placed it up on the bank. The injuries to the genital area was - it looked as if his penis had been removed, there were stab marks all around the area, um - bruising to his body, and injuries to his head.
Fogleman: You can retake the stand.
(pause)
Fogleman: I want to show you now uh - state's exhibits 25, 18, 33, 34, 37A, 40 and 41 and ask if you can identify those photographs?
Ridge: Yes sir, I can.
Fogleman: And do those photographs fairly and accurately portray the scene as it appeared to you that day?
Ridge: Yes sir.
(mumbling)
The Court: Any objection?
Davidson: We haven't seen 'em yet, Your Honor - none, Your Honor, by -
(pause)
Price: No objection.
The Court: Alright, they may be received without objection.
Fogleman: Your Honor, may the witness step down -
The Court: Yes, he may.
Fogleman: - exhibit to the jury and describe.
Ridge: This is exhibit 25, which is a photograph of the crimescene from the north looking to the south. Just at the bottom of this picture would be the area where Michael Moore was located. Traveling downstream would be - or at the top of the picture - the body of Stevie Branch was located, in an area just behind this tree. And the body of Christopher Byers was located just below stream -
Fogleman: Let me interrupt you -
(talking over)
Fogleman: Let me interrupt you a minute. I want to refer you to state's exhibit 11. The leaning tree on the bank, uh - is on - is that depicted in that photograph?
Ridge: Yes sir. That's this picture here - of this tree.
Fogleman: Ok. Go ahead.
Ridge: Ok. In this picture also, you can see the debris, the body of - the first body, of Michael Moore was located here. The debris that's floating in the stream downstream was where his body was located. This is the limb that was in the water that -
Price: If you could refer to the -
The Court: Refer to the exhibit number, I don't think -
Ridge: Exhibit number 18 uh - is a photograph of the shoes. There are 2 shoes - actually 3 shoes floating in the water. A white tennis shoe here, a white tennis shoe here, the uh - boy scout cap, and a uh - black tennis shoe.
Fogleman: When you say boy scout - you mean cub scout?
Ridge: A cub scout cap, yeah. A uh - this is a photograph of those items, where they were recovered. Uh - here's a - the stick with the shirt wrapped around it that was dislodged and floated to the top, as I was coming to the body of Michael Moore. Also, a pair of pants that was located in the mud just beside the body of Michael Moore. It was down at the bottom of the creek and I recovered them as I was recovering the body from - of Michael Moore, from the water. Uh - you can see the shoe that's in the previous picture that was floating here, the uh - cub scout cap was right here in this area right above that. This is a picture of me removing those shoes from the water. Uh - all this - these pictures are those items just below the body of Michael Moore. I'm removing the cub scout cap, uh - this is exhibit 37A, where this cub scout cap would be - recovered.
Fogleman: 14 is 34.
Ridge: Exhibit 40 is my recovering a second pair of pants. That was in the area where the body of Michael Moore was located. Uh - this is a photograph of me recovering one of the shoes that was in the water where Michael Moore was located.
(female voice): Which one was that?
Fogleman: 41.
Ridge: Exhibit 41.
Fogleman: Alright. I, again, want to show you, Detective Ridge, state's exhibits 22, 23, 26, 37B, 27, and 28 and ask if you can identify those?
Ridge: Yes sir.
Fogleman: Can you identify 'em? Look through each one.
(female mumbling)
Ridge: Yes sir.
Fogleman: Do they fairly and accurately portray the scene as it appeared to you at that time?
Ridge: Yes sir.
Fogleman: Your Honor, we would offer state's exhibits 27, 28, and um - 37B, 26, 23, and 22.
The Court: Ok - Alright. They are received by the previous - any objection?
Davidson: No sir, Your Honor.
Ford: Those are the before and after photographs that we previously entered an objection. 23 and 26, we've previously made a record.
(faint mumbling)
(pause)
The Court: Something y'all need to talk about or y'all -
(mumbling)
The Court: Any objection?
Price: No sir.
The Court: Other than those already stated?
Ford: No sir.
The Court: Alright. You may proceed - they may be received.
Fogleman: Detective Ridge, with particular reference to the - well, first of all before I have you describe the - the pictures, uh - the area where Michael Moore was found, the bank on the uh - east side, describe for the jury what you observed there on the east bank.
Ridge: There was an absence of leaves in that area. Uh - there were scuff marks, uh - slicked off areas, the grass was uh - had mud over the top of it, the stems were actually bent over in the mud. Uh - an the absence of leaves, the wet looking, the shiny looking, an uh - it looked different from the surrounding area which had a lot of leaves and a lot of vegetation sticking out.
Fogleman: Now, I want you to start with state's exhibit 37B and this is a dark picture, but if you can, uh - show the jury uh - the area we're talking about.
Ridge: Ok. This is the east bank. This is a very dark picture, but it's fairly obvious when you look at it. This is the slicked off area and the grass has been pushed down into the mud, there's scuff marks, uh -
Fogleman: You referring to the shiny -
Ridge: This area here.
Fogleman: - the shiny -
Ford: Your Honor, I object to that characterization because I can't see any of those things in that photograph. I don't see anything but except the back of Detective Ridge.
The Court: Do you have an objection?
Ford: I detect - I object to the charaterization that that photo stands for those things when it's not visible in that photograph.
The Court: Well, I'll let you bring it out on cross examination. You've - you've allowed the photograph in without objection. I'm gonna allow him to depict what he saw in it.
Wadley: Your Honor, we would question that Detective not state it's fairly obvious to make that - to see something. That's something that can be drawn for each person, but for him to give an opinion that it's fairly obvious to see something is not proper.
The Court: Alright gentlemen, I thought he previously testified as to what he personally observed there. That he saw it himself. And at that point, he then pointed out the areas of the photograph that depicted what he believed to be present. Now, whether it is or not, that's a question of argument.
Wadley: Is our objection overruled?
The Court: Yes.
Fogleman: Now, state's exhibit 27.
Ridge: Exhibit 27 is - in that picture that you just looked at, you see me bending over taking some plaster casts, which that plaster cast is an area just north of the bank that has been slicked off, uh - cleaned or absence of leaves. Uh - this is a picture - this is a picture of that area. Here's the creek in the front, uh - here and here is where those plaster casts were taken. At the top of this picture is the very edge of that area that was slicked off - in that picture, and the absence of leaves.
Fogleman: And uh - state's - well, let's go ahead, uh - 26 - 22, 23, and 26.
Ridge: Ok. Exhibit number 22 is me as I'm placing the body of Michael Moore on the bank uh - the picture - to note a couple of things uh - the ligatures and the way that Michael Moore was tied - right hand to right foot, left hand to left foot uh - some injuries to his head, the bleeding from the nostrils and from other wounds, uh - this also is - this other area that is - where the grass has got uh - mud over the top of it, it's been bent over and pushed down in the mud, and absence of leaves in this area.
Fogleman: Now, is that the condition the bank was in when you first arrived?
Ridge: Yes sir, it is.
(mumbling)
Ridge: Exhibit number 23, uh - is just a different angle. The body of Michael Moore - this is the area that you can see the scuff marks, the absence of leaves, uh - just - the grass has been pushed down on, it's not as vegetated as the surrounding area is. Exhibit number 26, which is again, the body of Michael Moore here and the bank that's - there where the grass is broken over, pushed down, the slicks, the scuffed off areas - that's a closer picture of that.
Fogleman: Now, uh - state's exhibit 28.
Ridge: State's exhibit 28, this is the area -
Fogleman: Which bank is this?
Ridge: This is the west bank. Uh - Steve -
Fogleman: And the other pictures are of the -
Ridge: East bank.
Fogleman: Ok. This is the area where Stevie Branch was located, uh - Christopher Byers was located. This is the bank to the west of where they were located - on the west side of that ditch. And there's an absence of leaves in this area. Even in the picture you can see that leaves and vegetation is everywhere else except in that area.
Fogleman: Alright. And is the water level in there - is that the way it was or is something changed about the water level?
Ridge: Actually this photograph was taken after the ditch had been pumped dry, uh - pumped all the water out.
Fogleman: So about where was the water level that was - prior to -
Ridge: The water level prior to us pumping was in this area.
Fogleman: I want you to take and - this will write on there - take this pen and try to mark on there.
Ridge: Ok. On the west bank, the water level would have been up about here which is a good foot higher than the water level at this point. And on the east bank, which is a steeper bank, that water would have been at this level.
Fogleman: Now, I want to show you state's exhibits 19, 32, 38, 42, and ask if you can identify those?
Ridge: Yes sir, I can.
Fogleman: And do those photographs fairly and accurately portray the scene as it appeared to you that day?
Ridge: Yes sir.
(mumbling)
The Court: Looks like they've got some more, y'all wanna quit right now and start with him in the morning at 9:30?
Davis: It's up to you, Your Honor.
Fogleman: Your Honor, we don't have that much more -
The Court: 5 - 10 minutes, what?
Fogleman: Think like that.
Davis: (mumbling)
The Court: You gonna put the clothes on - that'll take ya awhile, you gonna do it?
Fogleman: I ain't gonna put the clothes on til -
The Court: Well, let'e quit now and you can finish in the morning, then they can have all their cross examination in the morning.
Ford: Thank you Judge, I appreciate that.
The Court: Alright ladies and gentlemen, we're going to have our evening recess at this time and you're again reminded of the admonition of the court not to read news accounts, watch news accounts, listen to 'em or let anybody attempt to talk to you about it - including folks at home. I mean, neighbors and all that, when they find out that you're on the jury - like I told you earlier, they'll wanna talk to ya about the case uh - you'll have to advise them that you can not. And with that reminder, you're free to go until in the morning at 9:30. You can go out the back stairs if you want. The court will be in recess until 9:30 in the morning.
