DIRECT EXAMINATION
BY STIDHAM:
Q: Would you state your name for the court?
A: Sir?
Q: Would you state your name for the court, please?
A: Kevin Johnson.
Q: And where do you reside, Mr. Johnson?
A: Sir?
Q: Where do you reside?
A: What?
Q: Where do you live?
A: In Highland Trailer Park, in Marion.
Q: What do you do for a living?
A: I'm an iron worker.
Q: Okay. Do you know the defendant, Mr. Misskelley?
A: Yes, sir.
Q: How do you know him?
A: He lives right next door.
Q: Okay. And when you say "right next door," does that mean behind you or beside you?
A: Beside.
Q: Okay. Did he live beside you back in May of 1993?
A: Yes, sir.
Q: His parents still live there, is that correct?
A: Yes, sir.
Q: Okay. Do you remember May the 5th 1993?
A: Yes, sir.
Q: And how do you remember that?
A: I was at a Search and Rescue meeting.
Q: You're a member of the Crittenden County Search and Rescue Squad?
A: Yes, sir.
Q: Okay. Do you remember anything else about that night?
A: Well, I--I was supposed to went to the wrestling and got called and I didn't make it to the wrestling that night 'cause I went to the meeting.
Q: Did you talk to your brother that day?
A: I believe it was that day.
Q: Okay. Do you remember, Mr. Johnson, having a discussion with Mr. Misskelley shortly after the murders took place?
A: Yes, sir.
Q: What did you tell him?
A: I was...
FOGLEMAN: [interrupting] Your Honor, I'm going to object to the hearsay.
STIDHAM: Your Honor, I'm asking this witness what he told...
FOGLEMAN: [interrupting] Still hearsay, your Honor.
STIDHAM: No, it's not, your Honor. If the witness is testifying what he told the defendant, it's not hearsay.
FOGLEMAN: Your Honor, it is still an out-of-court statement made by a declarant.
CROW: The witness can testify about what he told someone else.
THE COURT: Well, state the question again and let's see what you're trying to get him to do.
STIDHAM: Did you have a discussion with Mr. Misskelley, the defendant, shortly after the murders?
THE COURT: All right, you can answer yes or no to that.
THE WITNESS: Yes, sir.
STIDHAM: Could you tell the jury what the nature of that conversation was, what you told Mr. Misskelley.
FOGLEMAN: Your Honor, our objection is to hearsay.
STIDHAM: Your Honor, I don't believe that it's hearsay.
THE COURT: Now, wait a minute, I'm going to allow him to state what he said to Mr. Misskelley.
STIDHAM: Thank you, your Honor.
BY STIDHAM:
Q: You tell the jury what you told Mr. Misskelley?
A: Yes, I told him that--that one of the boys were beaten and caserated.
Q: You told him that one of the boys had been castrated?
A: Yes, sir.
Q: What else did you tell him?
A: Uh...
Q: Did you tell him anything else?
A: Yes, that they, that--that they was tied with the shoestrings.
Q: Where did you get this information, Mr. Johnson?
A: From the--heard it from the members of the Search and Rescue.
Q: Did you tell Mr. Misskelley anything else?
A: I can't recall.
STIDHAM: May I have a moment, your Honor? (PAUSE) Pass the witness, your Honor.
CROSS EXAMINATION
BY DAVIS:
Q: Now, as I understand it, on May 5th, you were at a Search and Rescue meeting?
A: Yes, sir.
Q: You don't know where Jessie Misskelley was on May 5th, do you?
A: No, sir.
Q: And you don't know who may have gone wrestling and who didn't, correct?
A: Sir?
Q: You don't know who went wrestling and who didn't --
A: -- No, sir.
Q: -- to your own knowledge?
A: No, sir.
Q: Now, you indicated that you gave some information regarding the injuries to the children, to who?
A: Sir?
Q: You gave some information regarding the injuries to the children to who?
A: Jessie.
Q: Who else did you tell about this?
A: Nobody, I mean...
THE COURT: By "Jessie," you talking about Jessie Senior or Jessie Junior?
A: (NO RESPONSE)
Q: Junior or senior?
A: What--what are you asking?
Q: Okay. You indicated that you gave some information to Jessie Misskelley. Is that Jessie Misskelley Jr. or Senior?
A: Junior.
Q: Okay. And did you tell anybody else that information?
A: Well, we was--I mean talking about it--I mean ev--who was around.
Q: Did you talk about it other places, to other people?
A: Oh, no, sir. I mean...
Q: Nobod--You wouldn't have told anybody else about that, right?
A: I mean, ev--whoever who was standing there. I mean...
Q: Did you talk about it on other occasions?
A: No, sir. I can't recall. I mean it was in the papers and everything. I mean...
Q: Okay. So, you basically told him what was in the paper?
A: And what I heard at the Search and Rescue because I wasn't at the scene.
Q: Okay. So, you weren't at the scene and you didn't have any first-hand knowledge, is that correct?
A: No, sir.
Q: Okay. And so, basically what you were relating to him was the same stuff you had been reading in the paper.
A: Right and what I was told, I mean, what I had heard.
Q: And you didn't know which one or if all of the boys had had their genitals removed, right?
A: Right.
Q: Okay. And you certainly didn't know which one had, correct?
A: Right.
Q: You certainly didn't tell Jessie that, did you?
A: No, sir.
Q: Okay. So, if Jessie knew which one had had that occurred to him, he wouldn't have gotten that information from you, true?
A: Right.
Q: I'd like to show you what is a Crittenden County Search and Rescue attendance record. (HANDING) Is that--see your brother's name, there?
A: (EXAMINING) My brother's?
Q: Or your name? I'm sorry.
A: Yes, sir.
Q: Okay. And how many times a week does that reflect that you attend those meetings?
A: The first--the first and third Wednesday of every month.
Q: Okay. So, you've been attending those meetings two times a month, for how long?
A: I was--January the 20th wa--was a year.
Q: Okay.
THE COURT: I'm sorry, did you say the first and the third Wednesday?
THE WITNESS: Yes, sir.
BY DAVIS:
Q: Do you recall--Mr. Johnson, do you recall, you told Jessie about some of this general information that you'd learned in the paper, did you...
STIDHAM: [interrupting] Your Honor, that's not what the witness testified to.
Q: You told him some general information about the injury. Remember anything else you told him about any injuries?
A: No, sir.
Q: Okay. So, the extent of what you would have said would have been something to do with some--with castration-type injuries, is that correct?
A: Yes, sir.
Q: Anything else that you would told him?
A: No, sir.
Q: Okay. Didn't mention to him about injuries to the ears, anything like that?
A: No, sir.
Q: Didn't mention to him anything about signs or injuries or indications of sexual abuse?
A: No, sir. I can't recall.
Q: No further questions, your Honor.
STIDHAM: Nothing further, your Honor.
THE COURT: All right, you're free to go. Thank you.
THE WITNESS: Thank you, sir.
(WITNESS EXCUSED)
