Fogleman: I call James Sudbury.

(Bench conference)

Ford: Your Honor, if they're - if they're beginning now - I'd like for the court to inquire now whether they are going to begin to attempt to introduce occult related activities for occult motive because of our motion in limine, if they are, there needs to be that in camera hearing the court has ordered.

The Court: Alright, I'm gonna -

Davis: You guys not talking about nuts anymore or what?

Ford: No, we're not.

The Court: He wants to know if you're going to attempt to - to establish motive by means of cult activities through this witness.

Ford: What? I missed something. No, I just didn't understand, I'm asking if ya'll are - if ya'll are beginning to attempt to establish a occult activity or occult motive related to this crime. That there's an order that requires an in camera hearing

The Court: I'm not gonna -

Ford: I'm just - I'm asking - I'm not gonna ask him anything about that. Here's the witness, your Honor.

The Court: Ok.

(Open court)

The Court: Have you already been sworn, James.

Sudbury: No, I haven't.

The Court: 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?

Sudbury: Yes sir.

The Court: Alright.

Fogleman: Could you state your name and occupation for the jury?

Sudbury: James Sudbury and I'm a Lieutenant for the West Memphis Police department.

Fogleman: Lt. Sudbury, I want to direct your attention to, uh - June the 3rd, 1993. Uh - on that date did you accompany other officers, uh - to the residence of Damien Echols?

Sudbury: Yes sir, I did.

Fogleman: And when you arrived there, uh - do you recall who was there? Who was present?

Sudbury: There was Jason Baldwin, Damien Echols, Domini Teer, and as best as I remember, uh - Damien's sister and I don't recall her name.

Fogleman: I want to show you what I have marked for identification purposes as state's exhibit 99, ask if you can identify that.

Sudbury: Yes sir, that's Jason Baldwin's.

Fogleman: Your Honor, we would offer state's exhibit 99.

The Court: Alright, it may be recieved without objection.

Fogleman: Can I exhibit it from here, your Honor?

The Court: Yes, you may.

Fogleman: Was - state's exhibit 99, was that how, uh - Mr. Balwin appeared on that evening of his arrest?

Sudbury: Yes sir.

Fogleman: I want to show you state's exhibit 100, ask if you can identify that.

Sudbury: It's Damien Echols. This fairly well, as he appeared on the night of his arrest.

Fogleman: Alright, and did you take that photograph? The polariod that's been blown up.

Sudbury: Yes sir, I believe I did.

Fogleman: Was that shortly before his arrest when it was taken?

Sudbury: Yes sir, it was shortly before.

Fogleman: Your Honor, we would offer state's exhibit 100.

Price: No objection, your Honor.

The Court: Alright, it may be recieved without objection. You may exhibit to the jury.

Fogleman: Your Honor, I don't have any further questions at this time.

Price: If I could see exhibit 100?


Price: Lt. Sudbury, the shirt Damien Echols was wearing, is that a black shirt?

Sudbury: Well, yes sir, with some -

Price: Alright.

Sudbury: - With some type writing on it.

Price: Alright, does that have a - what appears to be a basketball in the middle of the shirt?

Sudbury: Yes sir, that's what it appears to be.

Price: Does that appear to have 'Blazers' on the top of the basketball?

Sudbury: Yes sir.

Price: Are you aware that the Portland Trail Blazers' colors for the professional NBA basketball league are black?

Sudbury: I believe that pretty well describes it there.

Price: Nothing further.

Ford: No questions, your Honor.

The Court: Do you want him back?

Fogleman: Your Honor, he probably needs to remain subject to the rule in case something else comes up, uh - it's hard to say. We'll let him know if we need him back.

The Court: Ok. You're free to go. You got another witness you can do in five minutes?