(THE FOLLOWING CONFERENCE WAS HELD AT THE BENCH OUT OF THE HEARING OF THE JURY)
MR. PRICE: Judge, there's additional questions I would want to ask Detective Ridge but based on the Court's ruling at the conclusion of yesterday's hearing that we would need to have an in-camera hearing before I discuss those matters further, I would like to reserve the rest of my cross examination --
THE COURT: -- Frankly, I think the issue is opened up enough now that you can go into it if they plan to call an expert -- are you going to do that?
MR. FOGLEMAN: Once we are through with Detective Ridge.
THE COURT: You can call Ridge back is what my suggestion would be.
MR. FOGLEMAN: We want you to consider taking judicial notice that there was a full moon on May the 5th according to an almanac.
MR. DAVIDSON: We don't agree to that. (2401)
MR. PRICE: We object to the relevance of that.
THE COURT: You can bring in a Farmer's Almanac and introduce it or something --
MR. DAVIDSON: -- That's not a --
MR. FOGLEMAN: -- That would be an appropriate thing for judicial notice.
THE COURT: We will take that up later.
(RETURN TO OPEN COURT)
MR. PRICE: I reserve the rest of my cross examination until later.
REDIRECT EXAMINATION
BY MR. FOGLEMAN
Q. Detective Ridge, yesterday I believe it was Mr. Price that asked you something about where Damien had said that he was -- or some there was some testimony about that. What did -- what -- where did Damien say that he was on May 5?
A. He said that he had been at Lakeshore Trailer Park, gotten with his girlfriend, Domini Teer, and gone to a location near Center Street where a yard had been mowed. Later between 3:00 and 5:00 P.M. he went to Randy and Susan Sanders' residence.
Then he said he went home after his mom had picked him up from Alexander's Laundry on Missouri Street. From there when he went home, he got on the telephone with (2402) Holly George. He explained that he talked with Holly George from that time when he got home until 11:30 P.M.
Q. The part about being at Randy and Susan Sanders' house -- maybe I'm looking at the wrong notes -- what did he tell you -- and you can read the notes whichever ones are best -- or your own recollection if you can -- about what he said about the time period.
A. Okay, the time period that he said he was at Randy and Susan Sanders was sometime between 3:00 P.M. and 5:00 P.M.
Q. About this lineup you conducted in August or September, who did you show that lineup to?
A. Miss Amanda Stokes.
Q. Where did she allegedly saw some people?
A. At North Seventh Street at the north service road of the 40/55 expressway.
Q. Is that on the same side of the interstate as the Blue Beacon?
A. No. It is on the north side of the interstate.
Q. What time was it when she saw some people?
MR. FORD: Your Honor, if he's testifying to what -- this is hearsay.
THE COURT: Sustained.
BY MR. FOGLEMAN:
Q. Did you show her a photo spread?
A. Yes, I did. (2403)
Q. Was she able to say whether or not the people --
MR. DAVIDSON: Objection, your Honor. It's still hearsay. "If she's able to say."
MR. FOGLEMAN: Your Honor, I am not offering it to prove the truth of the matter of whether or not she could identify anybody, but whether or not she indicated that she could.
MR. WADLEY: Your Honor, that is the very thing it calls for.
THE COURT: Sustained.
MR. FOGLEMAN: Your Honor, I don't know how else to question him when they examine him about a lineup and suggest there's something improper about it. I don't know how else to redirect the witness. It is not fair to cross examine him and suggest that there's something improper about it without me being able to fully explore the circumstances.
THE COURT: Rephrase your question so it doesn't call for a hearsay response.
BY MR. FOGLEMAN:
Q. Did she identify anybody?
A. No, sir, she did not.
RECROSS EXAMINATION
BY MR. PRICE:
Q. Officer Ridge, on May 27, 1993, at approximately 5:17 (2404) P.M. did you conduct a photographic lineup with one Aaron Hutcheson?
A. Some photos were shown to Aaron Hutcheson.
Q. Do you have a report that lists -- were there ten photographs that were shown to him on that date?
A. I believe there were ten photographs.
Q. Do you have a report indicating the ten photographs that were shown to him on that date?
A. No, sir.
Q. If we took a brief recess, would you be able to find the report of the ten photographs that you showed Aaron Hutcheson on that?
A. No, sir, I cannot.
Q. Do you remember -- why didn't you write a report of the -- you showed a person who is a potential witness to these murders a photographic lineup, correct?
A. Yes, sir.
Q. Did you not write down the ten photographs that you showed him?
A. No, sir.
Q. What was the reason you didn't write down the photographs that you showed him?
A. During that period of time, we were very busy. Just shortly after that period of time, there were several interviews taking place. Those photographs were kept together in the (2405) office until the arrest was made. When the arrest was made, unknowing to me the photograph display was taken apart.
Q. Was there one photographic display that was shown to several different witnesses?
A. No, sir.
Q. Did you take -- was there are board -- did you take different photographs depending on what witness you were showing them to, did you put different pictures in and take different pictures out.
A. There were not that many photographs displayed to anybody. That is one of very few times that photos were displayed.
Q. On that date, did you show Aaron Hutcheson ten photographs?
A. Yes, sir.
Q. Can you name any of the ten photographs you showed him?
A. Murray Farris was one of them. I believe Chris Littrell.
Q. You're not certain if Damien Echols -- now, at this time Damien Echols was a suspect?
A. Yes, sir.
Q. Based on information you had, Aaron Hutcheson was allegedly an eyewitness.
A. Yes, sir.
Q. You're saying you don't remember if you showed Aaron Hutcheson a picture of Damien Echols? (2406)
A. You mentioned Aaron Hutcheson was an eyewitness. Not to the murders at that particular time.
Q. On May 27th Aaron Hutcheson was not an eyewitness to the murders?
A. We had no indication that that was so.
Q. But you did -- but your testimony -- I mean were you showing him pictures of people that he may have seen on previous occasions?
A. Yes, sir.
Q. It is your testimony that you did not show him Damien Echols' picture?
A. No, sir, that's not my testimony.
Q. You do not remember if you showed him Damien's photograph.
A. Yes, sir.
Q. Murray Farris, Chris Littrell. Do you recall any other photographs you showed him on that day?
A. I believe another person would be James Kenny Martin. And I'm not certain about a Michael or David Wynn, one of the twins. I'm not sure. But there are several others and I don't remember all the names. It was some photos I put together.
Q. And the photographs -- there was a board that you had. You had the photographs placed on the board?
A. That's correct.
Q. There were numbers one through ten on each photograph?
A. Yes, sir. (2407)
Q. During this photographic lineup, did you discover that another police officer had shown the same individual a photographic lineup the day before?
A. I was informed that another officer had shown some photographs, but I don't know the results of that photo lineup.
Q. Who was the other officer that showed Aaron Hutcheson a photographic lineup?
A. My understanding it was Chief Don Bray of the Marion Police Department.
Q. Do you have any knowledge if Don Bray wrote up a report concerning the photographic lineup that he showed Aaron Hutcheson?
