Davidson: And uh - were you also managing a restaurant on uh - May 5th and May 6th of 1993?
King: Yes sir.
Davidson: And where was that?
King: In West Memphis, it was the Bojangles Restaurant.
Davidson: In West Memphis, Arkansas?
King: Yes sir.
Davidson: And um - where is that restaurant located?
King: It's on North Missouri Street.
Davidson: In West Memphis?
King: Yes sir.
Davidson: Ok. About how far from the interstate would that be?
King: Less than a half mile.
Davidson: Ok. And were you working at Bojangles Restaurant on the evening of May 5th 1993?
King: Yes sir.
Davidson: And on that evening, uh - was there something unusual that occurred there at the restaurant?
King: Yes sir, there was.
Davidson: Could you tell us what happened?
King: Well, it was about 9:30 that night, uh - a lady and her daughter came in to order some supper, I guess it was for 'em. Uh - we took her order and the lady said that she needed to take her daughter to the restroom. So I told her it was right around the corner. She immediately came back around, and I asked her if there was a problem. She said, "Yes sir, there was a gentleman in the women’s restroom". I said, "Ok, I'll go check it out." And at that time, I found a black gentleman sitting in the women’s restroom on the commode with his head in his lap. Uh - there was -
Davidson: Could you describe the man?
King: Uh - I later found that he was probably about 5’8” or 5’9” somewhere in that area. About 165 lbs, real thin man. Um -
Davidson: Tell us about his appearance.
King: He was uh - like I said, had his head in his lap and there was blood dripping off of his forearm. And there was blood on the wall as far as where he had leaned up against the wall, maybe staggered in, I - but he had mud on his feet, and he seemed to be disarrayed when I talked to him. He raised up and kind of slurred
that he was all right. I gave him a few more minutes to come out, and he never did so I went back to check on him again and that's - I called the police then.
Davidson: So you called the police and asked them to come down there?
King: Yes sir.
Davidson: Did the police actually come to Bojangles Restaurant?
King: Uh - yes sir, they did.
Davidson: And do you recall what officer came?
King: It was a female officer for the West Memphis Police Department. And uh - she pulled on the lot, and I saw her coming so I went to the front door. Well, she kept coming around - she went to the drive-through window.
Davidson: Ok. Did she ever come into the restaurant uh - to look inside the restaurant?
King: Uh - no sir.
Davidson: And uh - what happened then?
King: I told her what the problem was and that the gentleman had previously left
the restaurant walking, and she basically got a description and left the restaurant.
Davidson: Did she ever come back to the restaurant that evening?
King: No sir.
Davidson: Have you ever talked to her since then?
King: No sir - not about that subject.
Davidson: Ok. Did you know her?
King: Uh - no sir, I just know her by sight.
Davidson: Ok. Now uh - describe for us - did you go back in to the lady’s restroom that evening?
King: Yes sir. We had to clean it up.
Davidson: What was in there?
King: Well, like I mentioned, there was blood, mud. Um. The gentleman had
wasted a whole roll of toilet tissue by soaking up blood or grabbing for it, or something 'cause he had used the restroom all over himself and sat in it uh - so I assume he was trying to clean himself up. Uh - but it had blood all it. There was a pair of -
Davidson: Over the toilet paper?
King: Yes sir.
Davidson: Uh - describe that toilet paper roll for us.
King: Well, it was saturated all the way down to the cardboard roll.
Davidson: So what did you do with that uh - roll of toilet paper?
King: I just throwed it in the garbage at that time.
Davidson: Was there anything else in there?
King: Yes sir. There was a pair of sun glasses that uh - evidently he had apparently tried to flush down the commode.
Davidson: Ok. What did you do with those sunglasses?
King: Just fished 'em out and throwed those in the garbage also.
Davidson: Ok. And then um - was there mud in there?
King: Yes sir. There was quite a bit of mud on the floor.
Davidson: How did you clean this up?
King: Well, we drug a water hose around and washed it out.
Davidson: Is that the normal way for doing that?
King: Uh - no sir.Normally it would be just swept and mopped, but you know, there
was a large amount of mud on his feet, and that was on the floor so we just washed it down the drain.
Davidson: Ok. The blood, did you say it was on the wall?
King: Yes sir, there was some above the commode and on the
wall. Maybe it looked like where he had leaned up against the wall 'cause it looked to be the impression of a forearm.
Davidson: And um - was there blood other places also?
King: There was some blood on the floor, like I said, beside the commode where he was sitting, some on the doorknob and in the hallway where he had left also.
Davidson: Ok. And did you ever see this man again?
King: No sir.
Davidson: Ok. Did an officer - any officer, not the officer that drove through the drive thru, but did any other officer come out there that evening?
King: Not that evening.
Davidson: Uh - were you working the day of May 6th of 1993?
King: Yes sir, I opened that morning.
Davidson: And um - did anything occur on that day?
King: Well, an off duty officer came in and - by the name of Billy Covington, a friend of mine, and I was telling him of the event that happened the night before and it kind of struck him in a strange way. He said,“Don’t clean that blood off the door handles or the wall or anything, and I will get back with you in a little while.”
Davidson: Ok. And then what happened?
King: Uh - later on that afternoon 2 detectives came out and took a report
as far as what I had seen, uh - description of the gentleman, and then they took blood scrapings off the wall in the women’s restroom, off the men’s door in the hallway and off the wall in the hallway.
Davidson: Was that Detectives Ridge and Allen?
King: Yes sir.
Davidson: And could you describe their appearance that day?
King: Well, they had been at uh - I later found out that they had been at the crime scene and had been wading in mud and water up to their knees. And one of them asked me - said, “Did the man appear to have muddy feet like mine?" I said "Yes sir." He said, "Because we have been out there all morning long in the water and mud.” And was just asking if his looked like the gentleman that I had seen, and I said, “Yes, sir, they were muddy like that also.”
Davidson: Ok. Now, did um - was there a discussion with Detectives Ridge and Allen about the sunglasses?
King: Well, I I had told them about 'em and uh - they asked me what I did with them, and I told them I throwed 'em in the garbage and uh - we fished 'em out and they took 'em with them.
Davidson: They took 'em with them?
King: Yes sir.
Davidson: What about the roll of toilet paper that had been soaked down to the core with the blood? W hat -
King: I told them about that also and they said that we didn’t need that.
Davidson: They said they didn't need it?
King: No sir. They said to just discard that.
Davidson: Have you ever heard from Detective Ridge or Detective Allen or any other person about this since then?
King: No sir.
Davidson: That's all I have.
The Court: Any questions, any cross examination?
Fogleman: Yes sir.
(pause)
Fogleman: Mr. King, would you step down to the map, state's exhibit 2. Would you take this red marker and (mumbling) here's the interstate system right here, uh - this is that railroad track that goes through West Memphis, this is Missouri Street, um - this is Balfour Street. If you would, take this marker and mark approximately where Bojangles would be.
(pause)
Fogleman: Alright. Now, here behind your business, the next thing you come to behind your business is - what structure is there? The next thing behind your business?
King: There's a ditch there by the railroad tracks.
Fogleman: Alright. This railroad track right here?
King: Yes sir.
Fogleman: And before you - is it before you get to the railroad track or is it on the other side of the ditch - which side is the ditch on?
King: Well, there's a small ditch on our side, which would be facing Missouri
and you’d have to go through it to cross over the railroad tracks.
Fogleman: Ok. And on the other side of the railroad tracks, isn't it true - there's a big ditch that runs through there?
King: I haven't personally been over there, but uh - could be.
Fogleman: You haven't seen that when you’ve driven down the service road? You hadn't ever paid attention to what's behind there?
King: Not other than an open field.
Fogleman: Ok. Alright. But there is a ditch, and there is a railroad track right behind your business, is that right?
King: Yes.
Fogleman: Alright. And uh - if you would, would you mark with a red marker, that railroad track?
(pause)
Fogleman: Ok. That's good. Alright. Now, isn't it true that in this area, this is an open field?
King: Yes sir.
Fogleman: Alright. And over here, all this is open field?
King: Uh - yes sir.
Fogleman:Ok. And over in here, all this is open field?
King: Going back to the trailer park, yes sir.
Fogleman: Alright. You can retake the stand. In fact, right in behind your business, you've got the ditch, the railroad track, and a strip of trees along the railroad track - isn't that right?
King: Yes sir.
Fogleman: Alright. And uh - when you say that the muddy shoes looked like the man who had been in there, are you saying the mud came from the same place?
King: No sir.
Fogleman: You mean muddy shoes are muddy shoes?
King: Muddy shoes are muddy shoes to me.
Fogleman: Ok. And you don’t know where the mud came from?
King: I don't know where the mud came from or where he came from that night.
Fogleman: Alright.
King: I didn’t even see him come into the restaurant.
Fogleman: Ok. And in fact, you don’t even know that those sunglasses
are his - do you?
King: I didn't see him wearing 'em.
Fogleman: Ok. Now, when you went in there, you found him in the women's restroom?
King: Yes sir.
Fogleman: Alright. And you said that he appeared to be disarrayed?
King: Yes sir. When I spoke to him, he raised up like he didn’t know where he was at and was slurred, "Yeah, I'm ok"
Fogleman: Like disoriented?
King: Yes sir.
Fogleman: Ok. In fact, he left blood and mud all over the restroom, right?
King: Yes sir.
Fogleman: He left it on the wall, the floor -
King: Um hmm
Fogleman: - on the door knob -
King: Yes sir.
Fogleman: - on the - out in the hall.
King: It wasn't actually on the hall floor, it was on the hall wall where he might have staggered.
Fogleman: Ok. And y'all cleaned that up, isn't that right?
King: Yes sir.
Fogleman: Y'all tried to clean it all up, didn't ya?
King: Yes sir.
Fogleman: And that was before Detective Ridge and Allen arrived, isn't that right?
King: Yes sir.
Fogleman: Ok. So y'all had made efforts to clean it all up before they ever came - right?
King: Yes sir, 'cause they came the next night.
Fogleman: Now when uh - Patrolman Meek came to the drive-in window, were you aware that she was trying to find 3 missing 8-year-old boys?
King: No sir.
Fogleman: Ok. And when she came there, this person wasn’t there anymore, isn't that right?
King: Yes sir, he had already left.
Fogleman: So what we've got - after that man left, is we don't have an area that has just a few little drops of blood, but he had got blood and mud all over the place - right?
King: Yes sir.
Fogleman: Ok. I don't have any further questions.
Davidson: Now Mr. King if you could step down one more time.
(mumbling)
Davidson: You may want to look at this for a minute. This is the interstate along here. Which direction would um - Missouri Street be? If the testimony has been that this is the pipe that goes across the Ten Mile Bayou, and this is the Blue Beacon, these are the woods here.
King: Missouri Street would be back over in here.
Davidson: Does the interstate run parallel uh - with this street?
King: Yes sir.
Davidson: So the field that Mr. Fogleman referred to right -- right. Okay--okay. Missouri Street - is this is Missouri?
King: Yes.
Davidson: This is Missouri Street. So the field that he was pointing to is that this field right here?
(mumbling)
Davidson: That's not right?
King: That’s the Missouri railroad tracks.
Davidson: That’s the Missouri Pacific. Where is Missouri Street?
King: Missouri Street's right here.
Davidson: Oh ok, here’s the interstate - right?
King: Yeah.
Davidson: Ok.
King: This is Missouri Street right here.
Davidson: This is Missouri Street. And Bojangles would be this dot right here?
King: Right. In front on the interstate.
Davidson: And you're saying this filed is between uh - is this - do you know what street this is?
King: That's like 7th Street, I don't know.
Davidson: Ok. Would that be - this street that we see on the map here?
King: That is 7th street, yes sir. He is the apartments. Mayfair Apartments over here.
Davidson: Ok. So, in other words, you're saying that there is one field here between Missouri Street where Bojangles is, and what we see on this picture - is that correct?
King: Well, actually, between 7th Street and the railroad track there is one. But then, behind the truck stop here, there's another one - behind the apartment complex.
Davidson: Ok. Behind the apartment complex, there is a field here?
King: Yes sir.
Davidson: And here's the woods. Ok. If um - so from Blue Beacon truck stop, and then this is where the field begins that goes to Missouri Street - that's correct?
King: Yes sir.
Davidson: Ok. Thank you. Now, even though you tried to clean that - clean it up, Detective Ridge did take scrapings - didn't he?
King: Yes sir. He took a pocket knife -
Davidson: Ok.
King: - and scraped it in an envelope.
Davidson: And you tried to give him that toilet paper roll that was soaked to the core, but he didn’t take that - did he?
King: No sir, he didn't.
Davidson: Did they take any soil samples out of the drain?
King: No sir.
Davidson: Ok. That's all. Thank you.
The Court: Anything else?
Fogleman: No.
The Court: Did you see the man leave?
King: Yes sir, I saw him leave.
The Court: Was he on foot or in a vehicle?
King: Yes sir, he was on foot.
The Court: Did you see which direction he went?
King: When he went out the restaurant, he went towards the back of the building, which would be going toward the ditch, but then he left on foot down Missouri
Street.
The Court: Alright. Anything else?
Davidson: Nothing further.
The Court: Alright, you're free to go.
Davidson: Is he released Your Honor?
The Court: As far as I'm concerned.
Price: Thank you.
Davidson: Alright, thank you.
Price: Could we please appraoch?
(pause)
Price: The next witness is the one that was having the plane problem, all - he was wanting to be here around noon time and it's close to the -
The Court: Alright, let's quit until 1:00 then.
Price: And -
The Court: How long will it take on him? Is that the last witness you've got?
Price: That's the last one we can call today. I know Mr. Davis wanted to talk with him some before he testifies.
The Court: Well, if he gets here at noon, that'll give me the time -
Price: That's what - if it'll be 1:15, maybe give us a little bit -
The Court: Yeah, but that's cutting into the basketball game if we're gonna be up here -
Price: (mumbling)
Davis: I'd like to see it too, Judge, but I don't wanna have to be - I don't know what I'm -
The Court: I'm gonna say 1:00.
Price: Alright.
The Court: And we'll see what happens.
Price: Ok.
The Court: Alright ladies and gentlemen, apparently we have one additional witness that will be available for today and then we'll be able to recess for the day. Uh - I'm going to give ya the noon break until 1:00. With the usual admonition not to discuss the case, uh - you may stand in recess until 1:00.
Price: This is something I wanted to put on the record, about the - our request for the view. When we did that earlier -
The Court: I hadn't really decided on that.
Price: Oh ok.
The Court: All of y'all seem to wanna do it and I'm not sure - I mean, how we do it and -
Price: Ok. Alright, well -
The Court: Or when we do it. Uh -
Price: Now what we were thinking about - today, but I don't know if it's too muddy.
The Court: Well, I think it'd be muddy as the devil out there - have you seen the ground?
Price: Yeah -
The Court: I mean, you can't - I just think it'd be uh -
Price: If it dries up over the weekend, it'd be Monday -
