(out of the presence of the jury)

(taped flipped)

The Court: - An officer of the court and I know it should be.

Price: That's not necessary, Judge.

The Court: Alright. Are you gonna question him or is Brent?

Price: We -

Davidson: I sure would like to.

Fogleman: I bet you would.

Price: I can't miss this open opportunity.

The Court: Did you say you didn't want to miss this opportunity?

Price: Yes sir. I -

Fogleman: My name is John Fogleman for the record.

Price: Mr. Fogleman, if you - I think you have some knowledge of the matters now pending at this point, if you wanna tell the court what you know.

Fogleman: Uh - Your Honor, on May the 10th, uh - when Mr. Echols was given this polygraph examination, I was present in the police department. Uh - I do recall at - at one point, the officers coming out saying that he wanted to talk to his mother. Uh - she was contacted, brought in, she talked to the defendant and shortly after that I left. At the time I left uh - Senator Everett had not arrived at that time.

The Court: What time was that, do you know?

Fogleman: I don't have any idea what time it was. I normally - if May 10th was a Monday - and the city attorney of Marion, and normally we have court at 3:30, but I may not have been there that day. I - I don't know. I don't know what time it was.

Price: Uh - Mr. Fogleman, do you know if any officers talked to Mr. Echols prior to uh - Officer Durham?

Fogleman: Through my familiarity with the file, it's my understanding that uh - Detective Ridge talked to him, uh - I believe the subject description form was filled out like, around noon, something like that. And that they had talked to him uh - before.

Price: Alright, um. Do you recall - ok, if this would have been Detective Ridge and also Lt. Sudbury?

Fogleman: I believe he's listed on the form, I don't have any personal knowledge of it.

Price: Ok. Would that have been - I know there was a series of 32 questions, a questionare that was filled out, I think it was asked of numerous suspects in this case.

Fogleman: Uh - it was my understanding that was part of their questions.

Price: Their questions, alright. And then, do you have any personal knowledge of who may have talked to Mr. Echols when - you indicated that you had left - do - uh - right afterwards, sometime right about the time his mother talked with him?

Fogleman: It - it was after his mother had talked to him uh - because I remember officers commenting about uh - ofcourse we were hoping that she would encourage him to talk and that didn't - didn't happen. Uh - that's - and I remember that conversation and then after that, I left and like I say, I don't know whether I went to city court or not.

Price: Ok, did you come, to your knowledge, did you come back to the police station that night?

Fogleman: No, I did not.

Price: Ok. Um, no other questions of this witness, your Honor.

The Court: Call your next witness.