Q: You need to lean up as close to the mic as you can and make sure everyone can hear you. I take it you're familiar with Jessie Misskelley, Jr.?
A: Yes, sir.
Q: Can you tell the jury how you're familiar with him?
A: That's my son.
Q: And where do you live Mr. Misskelley?
A: Marion, Arkansas, Highland Trailer Park.
Q: Where are you employed, Mr. Misskelley?
A: Jim McNease Repair Service
Q: Were you employed there back in May of 1993?
A: Yes, sir.
Q: More specifically, were you employed there on May the 5th of 1993?
A: Yes, sir.
Q: Do you remember the events that took place on Nov- excuse me, May the 5th of 1993?
A: Yes, sir.
Q: And how can you remember those events?
A: Well, that was my first day of DWI school. I had to go to DWI school to get my driver's license back.
Q: May I approach the witness Your Honor?
The Court: You may.
Q: You recognize that document?
A: Yes, sir.
Q: What is this document?
A: That's my receipt where I paid them fifty dollars on the day of, the beginning of the class.
Q: Your Honor I want to offer this as Defendant's Exhibit 5.
The Court: Any objection?
Davis: No objection.
The Court: All right, it will be received without objection.
Q: May I exhibit the same to the jury?
The Court: Yes, you may.
Q: So you had to go to DWI school on May the 5th?
A: Yes, sir.
Q: And what time did you leave Jim's Repair shop?
A: I left at 5:30 because they wanted me to be there early to make the payment. Class started at six and was it supposed to have lasted until eight, but they let us out at seven o'clock.
Q: Ok, so you left the DWI school at seven p.m.?
A: Yes, sir.
Q: And where did you go from there?
A: I came straight home. It was about fifteen minutes after when I got home.
Q: Fifteen minutes after what?
A: After seven.
Q: After seven.
A: Yes, sir.
Q: P.M.?
A: Yes, sir.
Q: Do you remember seeing anybody when you got home?
A: Well, I seen all those police cars were leaving out as I was coming in the trailer park, and I got scared they were gonna get me for driving on a suspended license, so I hurried up and went home. And my son Jessie came in and I asked him what was going on.
Q: You're talking about the defendant?
A: Yes, sir. And he said the police were called out there because of Connie Moldin had pulled Stephanie's little boy Cody off the bicycle by the hair of the head and slapped him. And they called the police out for that.
And then when Bobby, Jr. come in, Stephanie's husband, him and Connie's husband, Melvin got into it, almost, well they almost got into a fight down there, and they called the police back out there again. And they were leaving out as I was going in about seven-fifteen.
Q: Do you know where they were going to or where they were heading?
A: They were going back to the sheriff's office I guess.
Q: No, I'm talking about Jessie.
A: Oh, Jessie. He left about seven-thirty to go to Dyess, Arkansas to wrestle.
Q: Do you know who he went with?
A: Johnny Hamilton, Freddy Revelle, Josh Darby, little Dennis Carter and there was some other guy, Bill something or other, I don't know his name.
Q: But you didn't see any of the guys get in the car and actually leave-
A: I didn't see any of them leave, no, sir.
Q: Do you remember the day that Jessie got arrested?
A: Yes, sir.
Q: Do you remember having a conversation with little Jessie and Officer Allen about the reward money?
A: Yes, sir.
Q: Do you remember what the nature of that conversation was?
A: Mike Allen was, and Jessie was joking about the, he said, forty thousand dollar reward. He said if Jessie, if they get a conviction out of this that Jessie would get the forty thousand dollar reward and he's gonna buy him a new truck. And Jessie's laughing and said "No I'm not either." He said "I'm gonna buy my daddy a truck and I'm gonna take his old one."
Q: Pass the witness.
CROSS EXAMINATION BY BRENT DAVIS
Q: I want to be sure I understand this correctly, Mr. Misskelley. It's your testimony that you came home from DWI school when, on the fifth?
A: Yes, sir.
Q: When did you come home?
A: It was seven o'clock when I got out of DWI school.
Q: Ok, and it's your testimony that the police cars were still there?
A: Yes, sir. They were leaving out when I got there. I was coming in about seven-fifteen and the police cars were leaving out.
Q: And your son was at the house?
A: He came to the house after I got there.
Q: So that would have been what time?
A: About seven-fifteen.
Q: What happened there at the house?
A: Well, he just came in and I asked what the police were doing out there and he told me what they were doing there. And he said "Well, I'm fixing to go to wrestle." And he left out, and went around behind the house and got into, I don't what kind of vehicle it was, it was a, sometimes they go in a car, sometimes they go in a truck.
Q: Well, did - after your son was arrested, did you grant certain television interviews for reporters and things like that where you went on TV?
A: Yea, I imagine I did.
Stidham: Your Honor, I object to the relevancy of that.
Davis: Your Honor, I'm gonna ask him about some statements he made while he was on TV.
The Court: Go ahead. Overruled.
Q: Did you go on TV and make some statements?
A: I imagine I did, there was a bunch of news reporters there, yea.
Q: Do you recall making the statement that your son may have been there, but you didn't think he was involved in it?
A: That was before I found out, that was before I went to work on the case and found out that he was not there. I didn't have proof or anything, I said "he may have been there, I do not know." I said "but if he was there he didn't have anything to do with killing those boys."
Q: Well, you remember all the publicity and you knew the day it was that the kids came up missing, right? I mean, everybody in West Memphis and Marion knew that day, correct?
A: Yea.
Q: And it'd been in the papers for a month that May 5th was the day they'd come up missing, right?
A: Um, yea that's when they come up missing, yea.
Q: And that's the same day you said you have such a graphic memory because that was the first day you attended DWI class?
A: That's right.
Stidham: Your Honor, if he's going to impeach him using a television interview, could he at least tell the jury what the date of the interview was?
Davis: Your Honor, I'm just asking about a prior statement.
The Court: Go ahead (unintelligible)
A: The statement had to have been made after June the 3rd.
Q: Had to be made after your son was arrested, correct?
A: That's right.
Q: And everybody knew he was arrested for murders that occurred on May 5th, correct?
A: That's right.
Q: Ok, and you say that May 5th was a date that stood out in your mind, correct?
A: I know that's when I was at DWI school.
Q: But, yet after - days after your son's arrest, you're telling people on television that he could have been there.
A: That was before I started investigating it myself. Nobody else would.
Q: And was that before Stephanie Dollar started going around and handing out police reports to people in Lakeshore Park? Uh, Highland Park?
A: Police reports?
Q: Yes, sir.
A: No.
Q: Have you talked with any of these witnesses that testified here today about timeframes, where they were on May 5th, what was going on?
A: No.
Q: Ok, you haven't discussed with them what their testimony was gonna be about where they were, where they may have seen Jessie, anything like that on May 5th?
A: All I told them is "tell the truth."
Q: You hadn't discussed any details with them?
A: No, I have not.
Q: And that's as true as everything else you've testified to?
A: That's right.
Q: Now, Mr. Misskelley, you are a convicted felon, correct?
A: Am I on trial here?
Davis: Your Honor, would you ask the witness to answer the question?
The Court: Just answer the question, yes or no, please.
A: That's right.
Q: How many other times besides May 6th did you attend DWI school during the month of May?
A: If you'll look at it again, it was May 5th.
Q: May the 5th. How many other times besides May 5th did you attend DWI school?
A: I attended the whole month of May.
Q: How many times?
A: Four times.
Q: Four times. And during that time period, you remember anything specific about the other three occasions? Get out early on those times?
A: Yes, sir.
Q: Every time?
A: Yes, sir.
Q: Remember what time?
A: No, sir I don't remember what time, but it was out early every time.
We stayed at least an hour, sometimes an hour and fifteen minutes, hour and a half.
Q: One second Your Honor. Pass the witness, Your Honor.
