The Court: Alright, ladies and gentlemen, you're reminded of the previous instruction the court had given you that you should consider the evidence in this case, uh - separately for each defendant. Alright, you may proceed.
(pause)
Fogleman: Would you state your name and occupation for the jury?
Durham: I'm Bill Durham, I'm a detective with the West Memphis police department.
Fogleman: Detective Durham, I want you to direct your attention to May the 10th, 1993. Uh - on that date did you have an occassion to have a conversation with the defendant, Damien Wayne Echols?
Durham: Yes sir.
Fogleman: Now prior to having that conversation with Mr. Echols, did you advise him of his rights?
Durham: Yes sir, I did.
Fogleman: I want to hand you what I have marked for identification purposes as state's exhibit 97, ask if you can identify that.
Durham: Yes sir, this is advice of rights form which I filled out on May the 10th, 1993 at 1:40pm on uh - there's the five uh - rights that are initialed by the defendant, is signed by the defendant and witnessed by myself.
Fogleman: Did you use any force, promises, threats, or coersion to get him to place his initials by each right or to get him to sign the form?
Durham: No sir, I did not.
Fogleman: Your Honor, we would offer state's exhibit 97.
The Court: Alright, it may be recieved.
Price: No objection.
Davidson: No objection.
The Court: Without objection.
Fogleman: I can exhibit to the jury, your Honor?
The Court: Yes.
Fogleman: Now during the course of your conversation, uh - with the defendant, did he deny any involvement?
Durham: Yes sir, initially he did.
Fogleman: Alright. And then uh - at some point did he tell you that he would tell you something?
Durham: Yes sir, um - he said that "I will tell you all about it if you'll let me talk to my mother."
Fogleman: Alright. And did you let him talk to his mother?
Durham: He was allowed to talk with his mother.
Fogleman: Alright. Subsequent to him talking with his mother, uh - did - was anything of substance uh - obtained after that?
Durham: No sir.
Fogleman: I don't have any further questions.
Price: Officer Durham, you talked to Mr. Echols for approximately two hours?
Durham: All total, that's correct.
Price: Alright. And I believe the rights form indicates the time that you first started talking with him, uh - do you recall what that time is offhand?
Durham: The rights form is signed at 1:40pm.
Price: Ok. And prior to your talking with him, beginning at 1:40pm, did he previously talk to Detecive Ridge and Sudbury for about two hours prior to you talking to him?
Durham: I have no personal knowledge of that.
Price: Ok. And during the time that he uh - talked to you, he denied having been at Robin Hood on Wednesday, May the 5th?
Durham: Yes sir, that's correct.
Price: Ok. And he denied being present when the victims were killed?
Durham: That's correct.
Price: And he denied having killed any of the victims?
Durham: That's correct.
Price: Alright. And then after you had a talk with him, continued to talk with him, he still denied any involvement in the crime?
Durham: That's correct.
Price: Alright. Now during the time that you talked with him, uh - you did not have a tape recorder going on at any time, did you?
Durham: No sir.
Price: And you also did not have a um - video tape recorder going on at any time during your conversation?
Durham: No sir.
Price: Ok. And then at the - you indicated that he made the statement to you, "I will tell you all about it if you let me talk to my mother." And then you indicated he talked with his mother.
Durham: Yes sir.
Price: And at the conclusion of that conversation, he continued to deny his involvement in the murders?
Durham: Correct.
Price: Alright, Officer Durham, on May the 29th, did you um - show a group of photographs to an Andrew Harris and a Y. Jackson who worked at the Blue Beacon truck wash?
Durham: I don't recall that without refreshing my memory by the notes.
Price: Alright.
(pause)
Davis: Your Honor, at this time we would enter an objection. This is cross examination of a witness and cross examination is suppose to be within the limits of the direct testimony.
The Court: You want to make him your witness for these purposes?
Price: Yes sir.
The Court: Alright.
Fogleman: Your Honor, he should refrain from leading.
Price: Alright, let me show your report to you.
(pause)
Durham: These are my notes.
Price: Alright, and you've had a chance to look at the notes and refresh your recollection?
Durham: I vaguely recall talking with these two, but I talked to so many different people.
Price: That's ok. And these two gentlemen were the ones that were working at the Blue Beacon truck wash, is that correct?
Durham: I believe so.
Price: Alright. Were these two gentlemen, on May the 29th, each shown the ten photo spread of possible suspects by you on May the 29th?
Davis: Your Honor, at this point - Mr. Price knows this, if he's heading to the point where he's going to start asking questions about what these witnesses said, then you're asking for hearsay responses.
Price: Judge, I haven't asked -
The Court: Just ask him if he showed pictures of uh - uh - people to -
Price: - Specifically, and that's taken straight out of his report, ask him if he showed -
The Court: Well, the report's not admissible but -
Price: Alright. Ask him if he showed the two individuals the ten photo spread of possible suspects, that's my question.
The Court: Yes or no.
Durham: Yes sir, I did.
Price: Alright, uh - I would like for you to uh - show me the report that you have that lists who the ten individuals in the ten, the photographs are.
Durham: I don't have the report with me obviously. It may be in the evidence. I didn't know you were going to ask this question or I'd have researched it.
Price: Alright, well, you're saying there's a report in the evidence someplace where you have listed the ten photographs that you showed these two gentlemen on May the 29th?
Durham: I am certain that there is a list of the ten photographs - I don't know where it is, I don't have it in my possession.
Price: Alright Judge, I um - my next question deals with having look at the list of the ten photographs, I um - I'll be glad to take a recess at this time so that Officer Durham can find the list of the ten photographs of the possible suspects.
The Court: Alright, we'll stand in recess for ten or fifteen minutes.
