MR. FORD: We would like a cautionary instruction on this next witness.
THE COURT: You're reminded of the previous instruction of the Court that you should consider the evidence in this case separately for each defendant.
I'm a detective with the West Memphis Police Department. (TR 2307) On May 10th of 1993 I interrogated Echols. Prior to having that conversation, I advised him of his rights. State's Exhibit 97 is an advice of rights form which I filled out on May 10th, 1993, at 1:40 P.M. signed by the defendant and witnessed my myself. I did not use any force, promises, threats or coercion to get him to place his initial by each right or get him to sign the form. (TR 2308) During the
[539]
course of your conversation with the defendant, he initially denied any involvement in these murders. At some point later he said "I will tell you all about it if you will let me talk to my mother." He was allowed to talk to his mother. After talking to his mother, nothing of substance was obtained after that.
I talked to Echols for a total of approximately 2 hours. The rights form indicates I first started talking with him at 1:40 P.M. Prior to my talking with him at 1:40 P.M. I have no personal knowledge if he talked to Ridge and Sudbury. During the time that he talked to you, he denied having been in Robin Hood Woods on Wednesday, May 5th. (TR 2309) He denied being present when the victims were killed. He denied killing any of the victims. After I continued to talk with him, he still denied any involvement in the crime. During the time that I talked with him, I did not have a tape or videotape recorder going at anytime. After he said "I will tell you all about it if you will let me talk to my mother," he talked with his mother. At the end of that conversation, he continued to deny his involvement in the murders. I don't recall if on May 29th, I showed a group of photographs to an Andrew Harris and a Y. Jackson who worked at the Blue Beacon truck wash. I'll have to refresh my memory about the notes. (TR 2310)
MR. DAVIS: We object. Cross examination of this witness is supposed to be within the limits of the direct testimony.
[540]
THE COURT: Do you want to make him your witness for these purposes?
MR. PRICE: Yes, sir.
THE COURT: All right.
MR. FOGLEMAN: Your Honor, then he should refrain from leading.
These are my notes and report. I vaguely recall talking with these two, but I talked to so many people. These were the men working at the Blue Beacon truck wash. These two gentlemen were each shown the ten photo spread of possible suspects by me on May 29th. (TR 2311)
MR. DAVIS: If he is going to start asking questions about what these witnesses said, then you're asking for hearsay responses.
THE COURT: Just ask him if he showed pictures of people
MR.. PRICE: I'm taking this straight out of his report, asked him if he showed -- I
THE COURT: -- The report is not admissible.
MR. PRICE: I asked him if he showed the two individuals the ten photo spread of possible suspects.
THE COURT: Yes or no.
I do not know if my report lists who the 10 individuals in the 10 photographs are. I don't have the report with me. It may be in the evidence. I didn't know you were going to ask me, or I would have researched it. In the evidence
[541]
would you have listed the 10 photographs that I showed these 2 men. I'm certain there is a listing of the 10 photographs but I don't know where it is.
MR. PRICE: I would like a recess so Durham could have time to find the list of the 10 possible suspects. (TR
2312)
