(Outside jury's presence)

(tape flipped)

Fogleman: Uh - Detective Subury, I want to direct your attention to May the 10th, 1993. Uh - on that day, did you have an occassion to have a conversation with the defendant, Damien Wayne Echols?

Sudbury: Yes sir.

Fogleman: And at that time, uh - subject description form, what time did you uh - talk to the defendant?

Sudbury: This was uh - almost noon, 11:54am.

Fogleman: Alright, and who else was with you when you talked to him at that time?

Sudbury: Myself and Detective Bryn Ridge.

Fogleman: During the time that you talked with him, was any force, promises, threats, or coersion used uh - to get him to talk to you or say anything?

Sudbury: No sir.

Fogleman: Do you know how he got to the police department?

Sudbury: I really couldn't say, I wanna say he brought himself or his mother perhaps - I don't know.

Fogleman: I don't have any further questions, your Honor.

Davidson: Detective Sudbury, when was it that you talked with the defendant?

Sudbury: On this particular day, it was close to noon.

Davidson: What time did you start talking with him?

Sudbury: That form was filled out at 11:54am.

Davidson: When did you stop talking with him?

Sudbury: Uh - sir, I couldn't say.

Davidson: So you don't know how long you talked to him?

Sudbury: I sit in on interviews - myself and Detective Ridge, but I honestly couldn't say how long the interview was. Detective Ridge is the lead investigator and I was just more or less sitting in.

Davidson: So any of the statements that he may have made to you, um - you didn't write down the time any of those statements were made, is that correct?

Sudbury: Any statements he would have made would have occurred after that time.

Davidson: After 11:54, but you can't tell us when, is that correct?

Sudbury: I couldn't tell you if it was 12 or 12:06.

Davidson: Or thereafter.

Sudbury: Sir?

Davidson: Or thereafter, correct?

Sudbury: I couldn't give an exact time, no sir.

Davidson: Ok, thank you. I don't have any further questions.

The Court: Alright.

Davidson: Your Honor, again, we would submit that, um - any statements made to Detective Sudbury, uh - could have certainly been made after Mr. Everett arrived and, uh - since there was no testimony one way or the other when they were made to him, certainly we surpress.

Fogleman: Your Honor, the testimony was from Detective Ridge that their conversation occurred after 11:54 and before Detective Durham, which he -Detective Durham just testified about.

Davidson: It's not the testimony of this witness, anything said to this witness - they have the burden of proof.

The Court: I understood you weren't going to ask anything that was said after the polygraph exam -

Fogleman: Your Honor -

The Court: - So, uh - ok. Uh - I can't remember, was there a statement made to Ridge and Sudbury that you haven't asked about?

Fogleman: Yes sir, we didn't go into the details of it at that time.

The Court: Ok, I think I remember. Alright, I'm going - you know, at very best it goes to the credibility of the witnesses, and I'm gonna find that the credibility of the witness, uh - officers, uh - out weighs that of the defendant, in this regard.

Davidson: Thank you, your Honor.

The Court: Alright, let's, uh - let's call the jury back in and finish with -

Fogleman: Bill Durham.