The Court: Please raise your right hand, do you swear to tell the truth, the whole truth and nothing but the truth in the matter now pending before the court, so help you God?
Byers: (Assume indicating, no verbal sound)
(pause)
Price: Alright Mr. Byers, I need to ask you about a defense exhibit number E-6, this particular folding lock blade kershaw knife. If I could approach the witness your Honor?
The Court: Yes.
Price: Take a look at that knife please.
(pause)
Price: Can you identify that knife?
Byers: Yes sir.
Price: Ok. Is that a knife that belonged to you?
Byers: Yes sir.
Price: Ok. Is that a knife that Chris never used that knife?
Byers: I wouldn't have any knowledge if he ever played with it or not or I don't know.
Price: You have no knowledge of Chris ever playing with that knife, is that what you're telling the jury?
Byers: I'm saying it's possible that he could have gotten it and played with it.
Price: Alright, well the place that the - where did ya'll keep the knife in your house?
Byers: When I first recieved the knife, which was for Christmas, uhh - for a few weeks it was in the living room on a little end table by my recliner. And then after that, it was put in my bedroom on the dresser.
Price: Alright, what Christmas was it that you recieved that knife?
Byers: About 3 years ago.
Price: About 3 years ago. Alright, you never used that knife while deer hunting, did you?
Byers: No sir.
Fogleman: Your Honor, Mr. Price will avoid, we object to leading.
The Court: Avoid leading.
Price: Alright, did you ever use that knife deer hunting?
Byers: No.
Price: On January 26th, in Corning, Arkansas, did Gary Gitchell of West Memphis police department ask you about that particular knife?
Byers: Yes sir.
Price: And prior to doing that, did he read your, a rights form to you?
Byers: Prior to asking me about it, is that what -
Price: - Yes.
Byers: - Your question, yes sir.
Price: Alright, did he ask you on that occassion what type of knives you had?
Byers: Yes.
Fogleman: Your Honor, we're gonna - if he wants to ask him questions - we object to the proceeding in calling, he's asking leading questions pertaining - if he wants to ask him questions and then if the statement says something inconsistant, we certainly have no objection to that.
The Court: Sustained.
Price: Alright, on January 26th, what type of knives did you have?
Byers: I don't understand your question.
Price: Alright, on January 26th, 1994, what type of knives did you have?
Byers: I have a case double X knife that was given to me by my brother when I was about 12 or 13, then just kitchen knives that are in the house.
Price: Alright, the knife in front of you right here, had that knife ever been used before?
Byers: Used for what?
Price: Used for any purpose?
Byers: I'd had trimmed your toenails with it, I had uh - attempted to trim on some venison that I had, uh -
Price: You attempted to trim on some venison, when was it you attempted to trim on some venison?
Byers: Some one time around the Thanksgiving holidays.
Price: Thanksgiving of what year?
Byers: Be '93.
Price: 1993. Did you ever take that knife hunting?
Byers: No sir.
Price: And you say you did take - use that knife to trim venison, do you recall being asked on January 26th - this is on page 3 - by Inspector Gitchell "Had you ever taken that knife hunting or used it recently just prior to giving it to uh - what did you say his name was - Cook?" Do you remember being asked that question by Inspector Gitchell?
Byers: I don't remember exactly all the questions he asked me, no sir.
Price: Alright, do you remember that specific question?
Byers: Specifically, no sir, he asked me alot of questions.
Price: Alright, do you remember giving the answer, "I think Cook - no that knife had not been used at all, it has just been kept up - put in my dresser and I didn't use it and the reason why was because of the serrated edges." Do you recall giving that answer to Inspector Gitchell on the 26th?
Byers: No sir, I don't recall giving him that exact answer. I'm sure his question wouldn't have been asked exactly like your question was.
Price: Alright, Judge, if I could approach the witness to refresh his recollection?
The Court: Alright.
Price: I want to show you this portion right here, please read the queston and read your answer.
(pause)
Price: Out loud.
Byers: Are you talking about where you've got the lines written around there?
Price: Yes.
Byers: (reading) Mr. Gitchell : "Had you ever taken that knife hunting or used it recently just prior to giving it to him - what did you say his name was - Cook?" "I think, Cook - no that knife had not been used at all, it has just been kept up - put in my dresser - didn't use it and the reason why was because of the serrated edges."
Price: Alright, now that you've had a chance to look at the question and look at the answer, do you recall giving that answer to Inspector Gitchell on January the 26th?
Byers: Yes sir, It's -
Price: - That uh - transcription there accurately reflects your answer, is that what you're telling the jury?
Byers: I assume that it does.
Price: Ok, well do you have any independant recollection that you may have answered that question differently?
Byers: I don't remember if Inspector Gitchell ever asked me in a conversation did I ever hunt with it or did I ever use it for any other purpose like you asked me.
Price: Alright. If I can get just a minute.
(pause)
Price: That knife - had that knife ever been out in the woods?
Byers: Are you asking a response?
Price: Yes sir, I'm asking you a question. Had that knife ever been out in the woods?
Byers: Not that I would, uh - know of - I mean, like to specifically say I took it hunting or something like that, not that I know of.
Price: Alright, do you recall telling Inspector Gitchell on January 26th that no it had not been out in the woods or anything, do you recall giving that answer?
Byers: That seems to be like what I said.
Price: Alright. Do you know if any member of your family ever injured themselves on that knife?
Byers: Not that I was aware of.
Price: Ok, do you recall being asked the question, on January 26th by Gitchell, "Do you know if any member of your family whatsoever has ever injured themselves or cut themselves on that knife?" and you answered "Which knife?" and Gitchell responded, "Oh, this kershaw knife here mentioned." and you said "No sir." ?
Byers: Like I just said, not that I was aware of.
Fogleman: Your Honor, I don't understand what he's doing, he's answered the question. That wasn't any inconsistant response.
Price: Judge, "Not that I am aware of" and "No sir" is two different answers and I am entitled to ask the witness that. If he wants to explain what the difference is -
The Court: Are you maintaining that his answers here today and on that occassion are inconsistant?
Price: Yes sir, some of them are.
The Court: Alright, go ahead.
Price: Did any of your sons ever play with that kershaw knife?
Byers: That's the question that Gitchell asked me or is that the question you're asking me?
Price: Same thing.
Byers: Ok.
Price: He asked you and so did I.
Byers: I would have to say as far as I knew to my recollection that they didn't, but they could have got it and played with it and me not known it.
Price: Alright, do you recall telling Gitchell being asked, "Did any of your sons ever play with the knife?" "Uh - Christopher never played with the knives that I knew about or saw. One time uh - Ryan's grandfather bought him a pocketknife at a flea market." Do you remember that response?
Byers: Yes sir.
Price: Ok. Alright, do you remember Gitchell asking you again that, did Ryan - actually it's not a question, uh - do you remember Gitchell asking, "Oh, oh, I follow you, he, Ryan did not cut himself with the kershaw." And do you remember answering that question, "Correct, noone's been cut with the kershaw." Do you recall giving that response to Inspector Gitchell?
Byers: Seems like my response would have been, noone had been cut with it - you know, that I would have known about and he was referring to my 2 sons or my wife, I guess.
Price: I asked you a few moments ago if you ever used the knife and you said on one occassion you trimmed some veni - you attempted to trim some venison with it, you remember giving that response?
Byers: Yes sir.
Price: Ok, do you remember being asked by Gitchell - this is on page 4 - "Did you use the knife?" and giving the answer, "I never used it, I would have - hopefully I was going to use it for deer hunting - that's all I do, deer hunt, but I never had an opportunity to use it on a deer." Do you remember giving - being asked that question by Gitchell and giving that response?
Byers: Could I explain my answer your Honor?
The Court: Yes sir.
Price: Ok, first of all, do you remember being asked that question?
Byers: Not specifically -
Price: - Alright.
Byers: - I don't specifically remember all the questions he asked me from then til now.
Price: Alright, just a moment, let me - bottom of page 4, top of page 5. Want to take a look to see if that's the question he asked, you were asked and that's the specific answer you gave to Gitchell.
Byers: You talking about where I said that Ryan had cut his arm with a knife -
Price: No sir, I'm talking about the last sentence where the, two lines from the bottom, "Did you use the knife?" Byers, "I never used it. I would have, hopefully I was going to use it for deer hunting, that's all I do, deer hunt, but I never had an opportunity to use it on a deer." Was that the answer you gave?
Byers: Yes sir and uh -
Price: Alright now, if you want to explain, go ahead.
Byers: The reason for that is, I never had an opportunity to use it on a deer 'cause I never hunted with it. It didn't meant that at some time I didn't have some venison in my home and try to use it to cut the venison and he wasn't asking me that.
Price: Alright, now you didn't tell him on that occassion that you tried, attempted to trim venison with that knife, did you?
Byers: I don't remember.
Price: Ok. And just to clear that point up, did you ever try, ever use that knife on venison?
Byers: I did. And matter of fact as I was trying to use the knife and cutting the venison to make beef jerky with it, I cut my thumb with it.
Price: Oh, and you cut your thumb with it? And what was the date on this?
Byers: I don't remember the exact day, it was during the Thanksgiving holidays.
Price: Alright. And isn't it true that you never told Inspector Gitchell on January 26th that you ever cut your thumb with that particular knife? Did you?
Byers: Yes sir, it seems like during the course of the day, I did tell him that.
Price: Ok, was that during the taped conversation or was that after?
Byers: I don't remember.
Price: Ok. Alright, do you recall Gitchell asking -
Fogleman: Your Honor, I've got, I've objected once and it was sustained to this procedure, I'm objecting again, I have no objection to the entire interview going before the jury, I don't have any objection to -
Price: - That's fine.
Fogleman: - Him asking questions of the witness, I'm objecting to the leading.
The Court: Sustained.
Price: Did Gitchell say, "Ok, let me explain a problem we have" -
Byers: - Where are you?
Price: It's on the top of page 7. Ok, before looking at the paper, I need to ask you, do you recall being asked the question, "Let me explain a problem we have" -
Byers: You're saying Gitchell's question there? I don't understand what you're asking me.
Fogleman: Your Honor, again, I object to this procedure. If he wants to ask Mr. Byers any question he wants to about the knife, if Mr. Byers says something inconsistant with the statement, he can ask him all day -
The Court: Sustained.
Fogleman: Object to him using what questions were asked and his answers, it just wasn't -
Price: Judge, I'm entitled to ask him if he recalls -
The Court: You're entitled to ask him anything you chose to and if you find that that's inconsistant with, then you can challenge him with the statement but I'm not going to allow you just to read a paraphrase from the statement, ask him did you say this.
Price: Judge, I'm not paraphrasing, if anything I'm reading the exact quote -
The Court: That's not the way to cross examine on the statement. Ask him a question, if you think that the statement reflects an inconsistancy then you can point it out after you give him an opportunity to refresh -
Price: I'm trying to do that you Honor.
The Court: Alright. Go ahead.
Price: Did Gitchell tell you, "Let me explain a problem we had and you need to answer this for me, we have found blood on this knife." Did Gitchell ask you that question?
Fogleman: Your Honor, this is exactly what I'm objecting to. Mr. Price knows how to ask questions and it's irrelevant all that, he can ask Mr. Byers anything he wants about te knife. I object to this line of question -
The Court: Sustain
Price: To your knowledge, did they find blood on the knife?
Byers: To my knowledge -
Price: To your knowledge, did they find blood on the knife?
Byers: What's been brought out in court, they said there was.
Price: Ok. And on January 26th, Gitchell, did Gitchell tell you there was blood on the knife?
Byers: I don't remember if he said there was or not.
Price: Alright, I'd like to refresh your recollection, on page 7.
(pause)
Price: Now that you've had a chance to refresh your recollection, did Gitchell tell you, "We've found blood on this knife."?
Byers: Yes sir.
Price: Ok. Did Gitchell tell you that the blood on the knife was Chris' blood?
Byers: I don't remember, it might be in here that he said that, I know the answers be, the answers after that question that Gitchell asked me and my answer.
Price: Alright. I'm trying to ask you the question first, if you remember the question, I'll then get to your answer.
Fogleman: Your Honor, what relevance is it of what questions were asked? What's important is what the man knows and if he gives an inconsistant response, tell all about it.
Price: Judge, I'm entitled to ask him about the questions that Gitchell asked him. Your Honor, I asked the same questions that Gitchell -
The Court: (interrupting mumble) - The form of the question asked by the interrogator is not really relevant, his responses and his knowledge of that, of those circumstances are if there's any answers he gave to a question that is inconsistant to the inquiry here today then you're going to be permitted to ask the questions in literature.
Price: Judge, the court said earlier when I was attempting to question Inspector Gitchell, the court previously ruled that I can ask Mr. Byers the questions that Gitchell asked and the answers he gave. And that's what I'm trying to do your Honor.
The Court: Well, I don't recall making any such ruling, but the fact is that you may impeach a witness by prior inconsistant statement, but you're just attempting to read the statement or paraphrase parts of the statement. Go ahead and ask your question.
Price: Judge, I'm not paraphjrasing anything, I'm asking direct questions, trying to get his direct answer.
The Court: Ask him about the circumstances, if he denies it then you can read every word of that statement that is contrary to what his answers are.
Price: Did you tell Gitchell you had no idea how Chris' blood could be on that knife?
Byers: Yes sir, I would not have any idea, if his blood was on that knife, I would not know how it got there.
Price: Did you also - did you have any idea, rephrase the question, did you have any idea how human blood was on that knife?
Byers: Well yes I would have an idea, I cut my thumb.
Price: Alright.
(pause)
Price: Judge, in order to impeach the witness by him making the statement that he had, that he cut his thumb and that's how blood could get on there, I now am entitled to ask him the questions that Gitchell asked concerning this specific topic. Did Gitchell ask you, "The problem is, we have sent this knife off and had it examined and it has the blood type of Chris on it." Did he ask that question?
Byers: That's what's written down here.
Price: Alright.
Fogleman: What page?
Price: It's on page 7. Um, bottom part. There's a series, there's several questions he asked and several answers you gave, the next, the answer you gave, "Well, Gary, I don't have any idea how any could be on there." and then Gitchell asked, "That's our problem." Correct?
Byers: Yes sir.
Price: And then you answered again, "I have no idea how it's on there." And then Gitchell asked again, "Why, why would this knife have blood on it?" And you said, "I have no idea, Gary."
Byers: And when I -
Price: Correct? Was that the answer you gave?
Byers: May I explain the answer your Honor?
The Court: Yes.
Byers: When he was referring to that of why would this knife have any blood on it, I was under the assumption that he was talking about Christopher's blood on it, which like I said, I didn't have any idea. He didn't ask me was there any way that any other type of blood or it's substance could have been on there because just a paragraph or two up before that, I told him where I was trying to cut the venison with it.
Price: On the top of page 8, do you recall being asked the question, "I have no idea, no idea how it could have any human blood on it." You recall giving that answer?
Byers: Yes sir.
Price: And then it's inaudible from Gitchell and then do you recall stating, "I don't even remember nicking myself with it, cutting the deer meat, or anything." Is that the answer you gave?
Byers: Yes sir.
Price: And is that the truth?
Byers: I, at the time when he was questioning me, I didn't re - I mean, I might not have remembered, we were getting ready to go into a trial, uh -
Price: Alright, did you remember on this date, cutting yourself on, with the venison, or not cutting yourself?
Byers: The date that Gary questioned me?
Price: The date that Gary questioned you, yes sir.
Byers: I might not have remembered it at that time when he was questioning me, but I could have remembered it -
(tape flipped)
Price: And after you said that you cut yourself with the deer meat, do you recall Gitchell telling you, "We've had it checked and it's not animal's blood, it's what we call higher ape, in other words, the ape of a human family or catagory." Do you recall him making that statement to you?
Byers: It seems like he did.
Price: Ok. And at that time, did you tell him you have no idea when Chris could have even ever touched it?
Byers: I don't have any idea of if he ever played with it or could, he could have, but I didn't, I didn't have any knowledge of it.
Price: One moment your Honor.
(pause)
Price: Let me see the statement.
(pause)
Price: On the night that the boys were missing, did you go search for them?
Byers: Yes.
Price: Ok, when is the first time that you went searching for them, for Chris?
Byers: When I got home from the courtroom in West Memphis.
Price: Alright now, your son Ryan had been in court, I believe testifying as a witness in some kind of wreckless driving type offense of some kind?
Byers: Yes sir.
Price: Ok. And did, when you, did you go and spend part of the time in court with him, waiting for him to finish testifying?
Byers: Yes sir.
Price: Ok, and did you wear shorts with you on that occassion?
Byers: Yes sir.
Price: Alright. And when was the first time that you were aware that Chris was missing?
Byers: When I returned home with Ryan from the court.
Price: Approx -
Byers: - When -
Price: I'm sorry, approximately what time was that?
Byers: It would have been after 6:00 whenever court was over, it seems like his was the last case.
Price: Alright. Earlier that afternoon, had you given Chris a whipping?
Byers: Approximately around 5:30.
Price: Ok, this was around 5:30 and was this with a belt?
Byers: Yes sir.
Price: Ok and approximately how many times did you hit him with a belt?
Byers: I spanked him two or three times.
Price: And what part of the body did you spank him?
Byers: It would have been just on his behind.
Price: Ok. Was his, was he wearing his pants or did you have him pull his pants down?
Byes: No, he had on blue jeans.
Price: Ok. And did you say at, when was the first time that you started looking for Christopher?
Byers: After I got home with my son Ryan, we had planned on going to eat supper and as I got into the house, my wife was there in the house, I asked her where Christopher was, she said she thought playing under the carport, picking up the paper and things like that under the carport, which we hollered around for him outside, it wasn't any answer and we hollered upstairs to see if he was in his room and there wasn't any answer. So, I would say we started looking for him shortly after getting home from court with Ryan.
Price: Ok, it would have been around 6:15 or so?
Byers: It would have -
Price: Give or take -
Byers: It would have been between 6:15 and probably 6:30.
Price: Alright. At that time, did Melissa go with you?
Byers: Go where?
Price: Go with you to try to find Ryan or did she stay, excuse me, go with you to try to find Chris or did she stay at home?
Byers: First of all, we just hollered over the fence to see if he was playing with a neighbor's children then we just sood in the yard and kinda hollered his name and then when we didn't get a response, the three of us, Ryan, my wife, and myself got in our car and started riding around the neighborhood to some of the friends house that he played with to see if he might be down the street.
Price: Alright and at some point, uh, did ya'll see a police officer at a uh, dollar store or something uh, shopping center or some place like that?
Byers: Yes sir, I talked to police officers, a couple of occassions.
Price: Ok, do you recall the first police officer you talked to?
Byers: The first police officer that I spoke to would have been probably before 7:00. That was like at the Flash Market there on Ingram. Then we drove up Ingram towards Broadway 'cause there's a church, Ingram Baptist Church, it has some playground equipment, we thought maybe he was playing on the playground equipment and we saw a police officer, I think it was at the Dollar General Store and we asked him you know, what to do, we couldn't find our son.
Price: And approximately what time was that?
Byers: Probably around 7:30, 7:40.
Price: Ok. And then, at any time at this point, did you get out of your vehicle and start on foot looking for Christopher?
Byers: Not at that point, no sir.
Price: Ok, and then did you call the sheriff's department or the police department around 8:00?
Byers: Yes sir, I called both of 'em.
Price: Ok and that, to make a formal missing person's report?
Byers: Yes sir.
Price: Ok and then did Regenia Meek come out to the house to talk with you, the female police officer?
Byers: Yes sir.
Price: Alright, at that time when she left, it would have been some time, do you recall about what time she left?
Byers: Not exactly, it seems like I remember a police report having 8:10 written on it, but then it was a few minutes after that before she left.
Price: Ok, so would 8:10 be the approximate time when she arrived?
Byers: No, she arrived a few minutes before that.
Price: Before then, alright. Alright and after she arrived, did you leave the house again to go looking for Christopher?
Byers: Your question once again please?
Price: After Regenia Meek left, about 8:15 or 8:20, whenever it was she left, did you leave the house again to go look for him?
Byers: After she left the house, as she was starting to leave, our neighbor across the street, Mrs. Moore knocked on our door.
Price: And you had a conversation with her at that time?
Byers: Yes.
Price: And then did you go out looking for Christopher again?
Byers: Ryan and I started walking down the street seeing if any neighbor had seen him and -
Price: - So what time would this have been?
Byers: It would have been around 8:30 or so.
Price: About 8:30 -
Byers: - Or a little after, around then.
Price: Alright. And at this time, did Melissa stay at the house?
Byers: At that particular time, I believe she did.
Price: Alright and when you and Ryan left to go and try to find Christopher, this was when you were walking?
Byers: Yes.
Price: Ok and you had your shorts on at that time?
Byers: Yes.
Price: Ok. And at the time you left at 8:30, you did not take a flashlight with you?
Byers: No sir.
The Court: Was it dark at that time?
Byers: It was getting dusk.
The Court: Still enough light to see?
Byers: Barely.
Price: You said barely enough light to see, was that your answer?
Byers: Well, it wasn't pitch black dark, but it wasn't daylight.
Price: Alright so barely, barely enough light. And at the time you left at 8:30, were the mosquitos getting real bad at that point?
Byers: Not that I remember.
Price: And once you left, did you go, have you looked at this map? Are you familiar with it?
Byers: I haven't looked at it up close.
Price: Ok, Judge, if I could just let him look at it first and then -
(pause)
(mumbling)
Price: Do you recall the -
(mumbling)
Price: Alright do you recall the area that you searched? You wanna come down from the, come down from the witness stand -
Byers: Are you referring to when we were in our car or -
Price: No, I'm referring to at 8:30. At that time period, after you had already talked with Regenia Meek.
Byers: What's this street right here?
Price: 14th street.
Byers: This would be 14th and this is Goodwin right here?
(mumbling)
Fogleman: Uh, the circle is Goodwin Circle if that helps you more.
Byers: We just, we headed down 14th street this way towards Goodwin.
Price: Alright, did you ever go in either this area of the woods or this area of the woods? If this helps, this is the pipe right here and this is the Ten Mile Bayou, this is the Blue Beacon, here is the interstate.
Byers: The only part of the woods that I searched in was down on this end right here where that, where the concrete is pushed in, wherever, where the concrete is pushe in, you could park right there and that walked into that field and the wooded area down here on this end is where I searched with uh, Officer Moore.
Price: And that would be Officer Moore that testified earlier?
Byers: Yes.
Price: Ok. Did you ever go to the area over here where the pipe was, either this side of the pipe or the other side of the pipe?
Byers: Not on Wednesday evening.
Price: Not on Wednesday evening. Alright, you may retake the stand.
(pause)
Price: Alright, now after, do you recall approximately how long it was that you said you and Officer Moore from about 8:30 or so, searched that one area you just pointed out to the jury, about how long did ya'll search that area?
Byers: Well, I didn't say it was 8:30 when I searched that area with Officer Moore.
Price: Alright, you had testified earlier that you had left that, well, alright, what time was it that you searched that area with Officer Moore?
Byers: It was a little after 9, because he had told me that he had just taken a report from Terry Hobbs at Catfish Island. Then after Officer Moore showed up, Terry Hobbs pulled up.
Price: Alright and so it was about 9:00 that you and Moore were out in that area that you just pointed to?
Byers: It would have been a little bit after 9, after he took Mr. Hobbs' report.
Price: Alright, after 9. Alright. So you testified earlier that Regenia Meek came to the house and she was there around 8:10, 8:15, 8:20, that time period and then you left about 8:30 and went walking but did you return to the house again before going out with Officer Moore?
Byers: Yes sir.
Price: Ok.
The Court: Did your son, Ryan, go with you the third, the second time?
Byers: It seems like he stayed out looking.
Price: Alright now, is it your testimony the, when you were out after you left at 8:30, were you looking in the area of the bayou?
Byers: When we left our house, after - around 8:30, Ryan and I headed down the street. Mrs. Moore had told us that she had seen a skateboard about halfway down the street.
Price: Alright, my question is, when you left at 8:30, did you go to the area of the bayou?
Byers: The area of the bayou, where are you referring to?
Price: Well, do you recall giving an answer to Officer Sudbury on uh, May the 19th and this is uh, top uh, bottom of page 3, top of page 4, this is a rather long paragraph but there's a reference in the middle of that uh, you talk about leaving about 8:30 uh, wait, let me back up. Atthe time you left, about 8:30, had it gotten dark?
Byers: It was getting dark.
Price: Alright, do you recall, read the top line on page 4, where it says "It's now it's probably 8:30."
Byers: (reading) "It was probably 8:30, it had got dark."
Price: "It was probably 8:30, it had got dark." Alright. At the time you left there at 8:30, it was, it already got dark. Did you take a flashlight with you at that point?
Byers: No sir.
Price: Ok. Did you go back to the house later to get a flashlight?
Byers: I went back to look for one.
Price: Ok, about what time did you go back to the house looking for a flashlight?
Byers: (sigh) I don't remember exactly what time it was because we worked our way down to the street, we worked our way down 14th looking for our son, Ryan and I.
Price: Alright, when you went out looking at 8:30, were you looking in the area of the bayou?
Byers: We had been told that they were seen down by where the concrete is pushed in the ditch.
Price: Alright. Now, answer my question. When you left at 8:30, were you looking in the area of the bayou?
Byers: We went down and looked down on this end, I don't know what you're referring to, you know, what you would consider the area of the bayou. The bayou's 10 miles long.
Price: Alright, so you're saying that you were looking in the area of the bayou at 8:30?
Byers: I don't understand your question counselor.
Price: Alright, you gave an answer saying it, on May the 19th to Officer Sudbury, you talk about leaving at 8:30, it had gotten dark, you and Ryan looking, and then you say, "We were looking in that area of the bayou."
The Court: Well read the whole thing.
Price: What - alright. Do you recall being, backing up the whole way this would be on the bottom of page 3. (reading) "Uh, the kids, now I'll get to that later on Thursday - I'll get to that in a minute. Oh, we started looking and looked in that area. It's now probably 8:30, it had got dark and Terry said well, he was going to spread out down you know, towards where they were found. I don't know how far down that way he went, but he was going to look that way and my son Ryan and I and Richie Matchers, excuse me, Richie Masters. Just somehow Richie Masters showed up to help. My son Ryan and I, I think Brett Smith. Richie Masters goes with Brett Smith's sister so that's how they were kinda together. So we're looking in that area kinda where the loop is, you know, there's an open field there, just kind of a circle around it out there. We were looking in that area of the bayou and uh, well, I had a pair of shorts and a pair of flip flops, so I run back to the house and I changed clothes then I put me on some coveralls and boots and I had that on me probably for the next 3 or 4, 2 or 3 days. I went back out there, I made a path, I went all the way back to the back and walked up to the gully where it makes a real wash down and you could see where the water washes into the bayou. I didn't have a flashlight or anything with me, I thought well, I'm going to go borrow a flashlight from Robert Fountain. I knew he just lived down the street from me. I knew I'd borrow a flashlight from somebody. So, I came back out, I see a police car pull up and it was Officer Moore, I believe, and he did say, 'Did you find something?' I said 'No'. I said 'But I don't have a light, will you help me look?' He said 'Yeah. I'll help you.' So he got his light out and we walked back to that trail and then we cut back up to this side which runs into the ditch, kinda that's a still ditch, it's got that rope hanging down from a tree." Do you remember giving that answer?
Byers: Yes sir.
Price: So, just to back up, at 8:30, It's probably 8:30 and it had gotten dark, correct?
Byers: Yes sir.
Price: And then you look, that's the time you left the house with Ryan and his other friend and that's when you were wearing, still wearing your shorts and flip flops. Correct?
Byers: Yes sir.
Price: And at that time, when you left, you did not have a flashlight?
Byers: No sir.
Price: And then you went back to the, and then, then you went and looked in the area of the bayou? Correct?
Byers: Seems like after I came back, I mean when I was down there with Ryan and the other people that showed up, I looked a little ways, just right there as you go in the trail goes straight back to the bayou back on this end and where that rope is, where Officer Moore was talking about -
Price: What area, if you could, point to that area. Do you recall where the area where the rope is?
(pause)
Byers: Alright, this is the little ditch that runs right here. And that runs in, I guess this is the bayou here -
Price: The bayou runs all the way through here.
Byers: Ok. That little rope that we found was over here on this little ditch here.
Price: Alright. Thank you.
(pause)
Price: Alright, do you recall the mosquitos getting worse later on that night?
Byers: No sir, I don't recall that.
Price: Alright. Just a moment Judge.
(pause)
Price: On May the 19th, did Officer Ridge tell you that he might have information that you had something to do with the disappearance of the boys?
Byers: Excuse me?
Price: On May the 19th, did Officer Ridge tell you that he had information that you had something to do with the disappearance of the boys?
Byers: I don't remember Officer Ridge, I remember him talking with me when I went down to the police station and they were questioning me, you know, as they were bringing people down there to question about it.
Price: Ok. Let me ask you this specific question, this is on page 30. (reading) Ridge: "Ok, well what I want to say right now or what I'm going to say is that I may have information, this information suggests strongly that you have something to do with the disappearance of the boys and ultimately the murders. Ok, wat is your response to that?" Do you recall being asked that question by Officer Ridge on May the 19th?
Byers: It seems like when he asked me that, that I got very upset and distraught and then he told me that he had to just ask me that question to get my reaction.
Price: Ok. At that time, you told him um, did you tell him you had no idea how he would get that information?
Byers: I probably would have said I don't have any idea where you would have got that information or where that would have come from.
Price: Alright.
Byers: Officer Ridge indicated to me that he just said that to me, like he said, to get my reaction.
Price: Ok.
Byers: Like he really didn't have any of that information or proof, he was just saying that -
Price: - Just trying to get your reaction.
Byers: To get my response.
Price: Alright. Uh, nothing further, your Honor.
The Court: Alright, let's take a 10 minute recess ladies and gentlemen with the usual admonision not to discuss the case. You may stand in recess for 10 minutes.
