DANA MOORE

having been first duly sworn to speak the truth, the whole truth and nothing but the truth, then testified as follows:

DIRECT EXAMINATION

BY MR. FOGLEMAN:
Q: Will you please state your name and where you live?
A: Dana Moore, 1398 East Barton.
Q: What city?
A: West Memphis, Arkansas.
Q: Who do you live there with?
A: With my husband and my daughter.
Q: Your husband’s name?
A: Todd Moore.
Q: And your daughter’s?
A: Dawn Moore.
Q: How old is Dawn?
A: Ten.
Q: What was your relationship to Michael Moore?
A: I’m his mother.
Q: At the time of Michael’s death, how old was he?
A: Eight.
Q: Did he go to school?
A: Yes, sir.
Q: Where did he go to school?
A: Weaver Elementary in West Memphis.
Q: What grade was he in?
A: Second grade.
Q: Whose room was he in?
A: Miss Miller’s.
Q: I want to direct your attention to May 5th, 1993. At the time that Michael got out of school, were you home at that time?
A: I arrived at about ten minutes after.
Q: After you got home after he had gotten out of school, did you see Michael?
A: Yes, sir.
Q: When was the first time you saw him after he got out of school?
A: Right after I got home.
Q: Where was he?
A: He was down on 14th street riding his bike.
Q: Was anybody with him?
A: Steve Branch.
Q: Anybody else at that time?
A: No, sir.
Q: Did you later see him with somebody? First of all, what were they doing?
A: They were riding around on their bikes.
Q: I want to show you what is marked for identification as State’s Exhibit Six and ask if you can identify this?
A: Yes, sir, it is Michael’s bike.
Q: Is this the bike that he was riding that day?
A: Yes, sir.

MR. FOGLEMAN: Your Honor, we would offer State’s Exhibit Six.
MR. STIDHAM: No objection.
THE COURT: It may be received without objection.

(STATE’S EXHIBIT SIX IS RECEIVED IN EVIDENCE)

BY MR. FOGLEMAN:
Q: Later did you see him with somebody else besides Steve Branch?
A: Yes, sir. Chris Byers.
Q: Where did you see them at that time?
A: Going north on 14th Street.
Q: Were they walking or - -
A: They were riding their bikes.
Q: How many bikes were there?
A: There was two bikes.
Q: Who was on what bike?
A: Michael was on his. Chris was on Steve’s, and Steve was on his.
Q: So Chris and Steve were on the same bicycle?
A: Yes, sir.
Q: How far down were they from where you were?
A: Approximately six houses.
Q: What time of the day was it?
A: Six o’clock.
Q: Did you see him any after that?
A: No, sir.
Q: When you saw him going that way, did you tell your daughter to do anything?
A: I asked her to go get him and tell him to come home.
Q: For what reason?
A: To eat supper.
Q: Is there a particular time that Michael was supposed to be home?
A: Yes, sir. Before the street light comes on.
Q: Now I want you to look at what I have got marked for identification as State’s Exhibit Two.

MR. FOGLEMAN: Mr. Stidham, you’ve seen this. Do you have any objection to this?
MR. STIDHAM: I have no objection.
MR. FOGLEMAN: Your Honor, by agreement may it be admitted?
THE COURT: It may be received without objection.

(STATE’S EXHIBIT TWO IS RECEIVED IN EVIDENCE)

BY MR. FOGLEMAN:
Q: Do you recognize what that depicts?
A: Yes, sir.
Q: What does that depict?
A: It is the aerial photograph of West Memphis.
Q: You said photograph?
A: Well, map of West Memphis.
Q: If you could, could you take this highlighter and show the jury where you lived or do live?
A: (MARKING) Right there.
Q: What you highlighted - - is that the address?
A: Yes, sir, it is.
Q: Does it point to the house?
A: Yes, sir.
Q: What is your address?
A: 1398 East Barton.
Q: Which side of the street, which corner is that? You told me you had a problem with directions.
A: It is the right side.
Q: Is that the - - as you are facing it?
A: It is the left side if I’m facing it.
Q: Is that when you are facing north?
A: Ah, yes, sir.
Q: It would be the northwest corner?
A: Yes, sir.
Q: You mentioned that you had seen the boys riding on - - what street was that?
A: North 14th.
Q: Could you step down and show the jury where that is in relation to your house?
A: (INDICATING) It is down this street.
Q: So you live on the corner of 14th and Barton?
A: Yes, sir.
Q: I want to show you what I have marked for identification as State’s Exhibit Five and ask if you can identify that?
A: That’s Michael.

MR. FOGLEMAN: We would offer State’s Exhibit Five.
MR. STIDHAM: No objection.
THE COURT: It may be received without objection.

(STATE’S EXHIBIT FIVE IS RECEIVED IN EVIDENCE)

BY MR. FOGLEMAN:
Q: On the day that Michael disappeared, what was he wearing?
A: A Boy Scout shirt, a pair of blue pants, his scout hat, a little badge that had his name on it.
Q: When you say, “a little badge?”
A: A police badge.
Q: Like a star?
A: Yes, sir.
Q: After you sent your daughter to get him for supper, how long after that was it when you started looking for him?
A: Right after I went around the neighborhood and I thought he just - - you know. I missed him.
Q: What did you do then?
A: I went back home and waited for him to see if he would come back.
Q: What happened?
A: He didn’t come back.
Q: Did you later have some contact with a police officer?
A: Yes, sir.
Q: When was that the first time?
A: About eight, eight-ten.
Q: Where did you have contact with that officer?
A: At Mark Byers’ house.
Q: Was the officer there?
A: Yes, sir.
Q: And you went over there?
A: Yes, sir.
Q: Did you report to the officer that Michael was missing?
A: Yes, sir.
Q: Did you subsequently do an official report?
A: Yes, sir.
Q: Was that later?
A: Yes, sir.
Q: Why was it later?
A: The officer told me that she knew what Michael looked like and she knew - - I had stated that they all three were together so she knew that they were together and she would probably come back and give me a police report if they haven’t found them yet.
Q: After you reported it to this officer, what did you do?
A: I went riding around the neighborhood looking.
Q: Were other people looking, too?
A: Yes, sir.

CROSS EXAMINATION

BY MR. STIDHAM:
Q: What time did your son get home from school?
A: Three.
Q: In the afternoon?
A: Yes, sir.
Q: Did he skip school that day?
A: No, sir.
Q: He went the entire day?
A: Yes, sir.

(WITNESS EXCUSED)