Fogleman: Your Honor, were we gonna do this in a were we gonna do this in the normal course of things or was -- where you all gonna have the defense go first and submit --
The Court: I was gonna try to get Mr. Everitt out of here since he has to be at a court somewhere else.
Fogleman: We have no objection to however you want to do it.
The Court: Well, as soon as the court reporter is ready, let's take him first and get him out of the way.
Ford: Your Honor, just as a matter of --
The Court: Pardon?
Ford: Just to make sure it's been -- we previously identified Charlie Linch as a witness, from the Dallas County Medical Examiner's Office, and we're gonna submit him as an expert. We just wanna know -- identify him that he is in the courtroom. We feel that he should be excused from the rule based on the fact that his testimony will be as an expert witness.
Fogleman: Your Honor, my only problem with that is, an expert's allowed in the courtroom when his testimony is gonna be based on something that takes place in the courtroom. It's my understanding Mr. Linch has already formed his opinions.
The Court: Is there anything he'd hear in the courtroom that would sway his opinion one way or the other?
Ford: No sir, but --
The Court: Well then he'll need to step back to the witness room.
Ford: As far as Lisa Sakevicius' testimony, your Honor, we would ask that he be allowed to be present during her testimony.
The Court: For what reason?
Ford: That he will be giving opinions -- he may give an opinion based upon what she says. I think the rule allows an expert witness to be present.
The Court: With the discretion of the Court. Put him outside.
Ford: Thank you for your consideration.
The Court: You're welcome. Alright Mike, 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?
Everett: Yes, I do.
The Court: Ok. Alright gentlemen.
Davidson: Your Honor, we do request the rule of this hearing uh -
The Court: Are there any witnesses in the courtroom? Anyone who knows yourself to be a witness or anyone that -
Fogleman: Your Honor, I might be a witness in this particular thing.
(pause)
Fogleman: If it'll help, I'll tell you what it is I know.
Price: That would help.
Fogleman: Uh - Your Honor, I was at the police department that day for a period of time, I was there when uh - well, I wasn't in the room when Mr. Echols asked to see his mother, but I was aware that he had asked to see his mother and that after he had seen his mother, then I left. And I never - at that point, Mr. Everett had not arrived yet, at that point.
The Court: Alright.
Davidson: We don't have any problems with releasing him from the rule, but my understanding is he can't even testify. Is that ok, Val?
Price: Yeah, that's fine.
The Court: Make sure no jurors come in. Alright, go ahead.
Davidson: Could you state your name please?
Everett: Mike Everett.
Davidson: And uh - Mr. Everett, do you, uh - practice law?
Everett: Yes, I practice in Marked Tree, I've been practicing there for 20 years.
Davidson: And um - did you, uh - were you contacted by the family of Damien Echols?
Everett: Yes, I was.
Davidson: And when was that contact?
Everett: It would have been May 10th of 1993. Uh, my - the note that I made after I got to uh - West Memphis where Mr. Echols was being questioned indicated that the call was around 5:45. I made some notes when I got there concerning the activities that went on there.
Davidson: And that was on the 10th of May, 1993?
Everett: Yes.
Davidson: And could you uh - tell us, uh - what happened after that?
Everett: After I recieved the call, I directly - I think I was at the office at 5:45, aIthough I may have been at home, I don't recall for sure. But I drove directly there uh - and I - the - my notes indicated that at 6:20 I asked to see Damien Echols, and was refused. As my memory is, that was at the main - on the main floor of the police station in uh - West Memphis at the uh - main desk. And then the time of 5:45, I think, would have been written there in West Memphis would have been the best estimate that I could make of when I recieved that call from Pamela Hutchinson and uh -
Davidson: Now what was the purpose of that call?
Everett: They were calling me asking me to come there to do that, to come there to represent him during this questioning. I also have in my notes that she notified the police of my representation that time. It is my habit and would have been my habit then, that if I'm to represent somebody to have - to make all efforts to notify the police immediately that I do, the purpose of that being to stop questioning.
Davidson: To stop all questioning by police, ok. And so you uh - at the front desk, what time that that you first uh - told them that you wanted to see Damien Echols?
Everett: 6:20pm.
Davidson: And did they allow you to see him?
Everett: No, I just - my note just indicates 'refused' and I don't recall anymore of the conversation than that. As I recall, I was speaking to the person who was a radio operator or the receptionist down there at that time.
Davidson: Was it your understanding that they were taking a statement from him at that time?
Everett: Yes.
Davidson: And what happened after that?
Everett: My next note indicates at 6:38, I asked and was again told that Gitchell had closed off the building, they could not let anybody in until Gitchell ordered it. And I think that was in reference to going upstairs in the building, the actual questioning as I understand it was going on upstairs. Now, I proceeded on upstairs, that was at 6: - and at 6:20, excuse me, I was told Gitchell would be with me in a few minutes and then at 6:38, excuse me, I have two notes at 6:20, uh - I asked to see Damien Echols when I was refused at 6:20 I was told Gitchell would be with me in a few minutes. At 6:38, I was - I asked again and was told Gitchell had closed off the building and they could not let anybody in until Gitchell ordered it. And at 6:58, Lt. Hester that I talked to - I told Lt. Hester I wanted to see my client and that I was told 35 minutes ago that Mr. Gitchell would see me. Then at 7:20, I spoke to Detective Dabbs and Susan Gitchell and I said - they said that Mr. Gitchell had been told that I here when I asked if he had been told that I represent Echols, she said he was aware of that. And that's the last note that I have.
Davidson: Did they ever allow you to talk with him that evening?
Everett: Not until they released him entirely from custody, they freed him and I talked to him then.
