Q: In relationship to Jessie Misskelley, Junior and Senior's residence, where do you live?
A: Next door.
Q: The building to the north?
A: Next building to the north.
Q: How long have you lived in the trailer park?
A: Since August of 1987.
Q: All that time have you heard about, seen or been advised of any kind of cult activity?
A: No.
Q: Do you have any knowledge of any cult activity? Any cults?
A: No.
Q: Okay. Were you in Highland Trailer Park on May 5th, 1993?
A: Yes.
Q: How did you know that?
A: By looking at my logs for my trip --
Q: Okay.
A: -- and by the police report that I looked at.
Q: Okay. Can I approach the witness, your Honor?
Q: Mr. Hoggard, I've got three pieces of paper. Those are Defense Exhibit 6A, 6B and 6C. Can you identify those for me, please?
A: Yes, sir. They're logs of the trips that I made on those days.
Q: Okay. What days are covered, sir?
A: May the 4th, May the 5th and May the 6th of 1993.
Q: Are these your logs?
A: Yes, they are.
Q: These are business records you keep?
A: Yes, sir.
Q: Okay. This is a carbon copy? Is that correct?
A: That is correct.
Q: That's the copy that you keep? You turn the originals in somewhere else?
A: I turn the originals in.
Q: Okay. We ask that they be admitted, your Honor.
THE COURT: Yes.
(inaudible mumble)
THE COURT: Pardon?
(inaudible mumble)
THE COURT: You didn't have any objection to those, did you? I thought I'd already ruled on that.
FOGLEMAN: No, no.
THE COURT: Okay.
FOGLEMAN: We don't have any objection.
BY CROW:
Q: Mr. Hoggard, this is a blow-up of Defendant's Exhibit 6A. Can you go down and explain to the jury what that is?
A: Yes. You want me to stand up?
Q: Yes, please.
A: (STANDS) Okay. Beginning at twelve midnight on May the 4th, I was in the sleeper berth...
Q: Mr. Hoggard, can you half turn this way so that some of the members of the jury...Yeah, there you go.
A: I was in the sleeper berth, in my vehicle at 7:30am and I came out of the sleeper and loaded in St. Louis, Missouri and was off-duty from 8:30 until 9:00am. Started driving at 9:00am and drove until 2:00pm and arrived in Newport, Arkansas. Was off-duty from 2:00pm 'til 3:00pm. At 3:00pm, I drove until 8:00pm and arrived at Shreveport, Louisiana and was off-duty from 8:15pm 'til 10:00pm. Then I went to sleeper berth through midnight.
Q: Okay. Look at those records, were you ever in West Memphis or Marion area on May the 4th?
A: No.
Q: Okay. Now, next I'm going to show, sir, is blow-up of State's Exhibit 6C which is for May the 5th. Cover that time period for me, please sir.
A: Okay. From twelve midnight until 8:00am, I was in the sleeper berth in Shreveport, Louisiana. From 8:00am 'til 9:00am, I was off-duty. From 9:00am until 8:30, I loaded. Then, I started driving at 9:30am and drove 'til 1:30pm at which time, put me in Pine Bluff, Arkansas. Was off-duty for thirty minutes. Started back driving, arrived in West Memphis, Arkansas at 11 -- excuse me, 4:45pm. Unloaded until 5:00am.
Q: 5:00pm, sir?
A: 5:00pm, I'm sorry. From 5:00pm until 5:15pm, go to Memphis, Tennessee, performed a post-trip inspection. Went off-duty at 5:30pm. I was off-duty the rest of the day.
Q: Okay. From those logs, do you recall whether or not you were in West Memphis, Marion on May 5th?
A: Yes, I was.
Q: Okay. When you went off-duty, where did you go?
A: To my residence.
Q: There in Highland Trailer Park?
A: Correct.
Q: Okay. Now, finally sir, this is Defendant's Exhibit, I believe, 6B. This shows your logs from May the 6th. Can you show what happened that day?
A: Yes, I show off-duty from midnight, May the 6th until 12:45pm, at which time I went back on duty in Memphis, Tennessee. Drove for,'til -- from 12:45pm 'til 1:00pm to South -- Southhaven, Mississippi, did a post -- pre-trip inspection. Drove from 1:30pm 'till 3:45pm to Searcy, Arkansas, dropped and hooked. Started driving at 4:00pm, drove 'til 6:00pm. Was off-duty for an hour and I'm not sure the location it was because I did not enter it here.
Q: Okay. Do you believe that -- would you have been in West Memphis or Marion, at that time?
A: No, I wouldn't have.
Q: Thank you, sir. Take your seat. That's good.
A: Okay. (SITS)
Q: Are those logs -- does it appear that any time after you left -- you left your home at about noon, sometime? You left your home --
A: -- That's correct.
Q: From noon on that day, would you have been back at your home?
A: No.
Q: Okay. Now, on May the 5th, do you remember seeing Jessie Misskelley?
A: Yes, I do.
Q: Okay. Where did you see him?
A: At -- in front of my house and at my neighbor's house across the street.
Q: Which neighbor is that?
A: Stephanie Dollar.
Q: Okay. Do you know what time it was when you saw him?
A: It was near 6:30.
Q: Okay.
A: 6:00pm.
Q: Okay. Had you -- you, you had been at work and then what happened? You came home?
A: Came home and started mowing my yard.
Q: Okay. Start mowing your yard. What kind of mower were you using? Push mower, riding mower?
A: It was a riding mower.
Q: Riding mower? Okay. What happened? What did you observe?
A: I observed a police car going into Stephanie's yard and saw Jessie approach the car. I assumed they were talking.
Q: But you don't know that?
A: I don't know that.
Q: Okay. All right. Then, what happened?
A: The police car left and, shortly after that, Jessie started walking toward his house, down the street. I stopped --
Q: -- Stopped him and asked him a question?
A: Yes.
Q: Okay.
FOGLEMAN: Your Honor, I'm going to object to hearsay if he's going to say...
CROW: Can we go to the bench, please?
(BENCH CONFERENCE)
CROW: Jessie Misskelley statement will go to describe what had just -- what had just occurred. It is the exact same thing that happened with the child with the picture we (inaudible) to explain to someone what had just occurred. All he's going to tell is what had--what had occurred.He'd had the conversation with the officer about the child being slapped.
THE COURT: It's my understanding they're going to try to introduce a police report, showing it happened at 5:00.
CROW: What happened at 5:00?
THE COURT: The child was slapped.
CROW: No. This has nothing to do with (inaudible). This is not something about the child being slapped. Jessie didn't see that to my knowledge. It's the fact that the officer was there about that incident.
DAVIS: Then, there's no point in (inaudible).
CROW: It's my understanding just like the photograph, someone explaining what just happened to someone else.
FOGLEMAN: That's not an exception to the hearsay rule.
CROW: But it was yesterday.
FOGLEMAN: He saw him talking to the officer.
CROW: Right. And he wanted to know what was going on.
THE COURT: Go ahead. I'm going to let it go.
FOGLEMAN: Thank you, your Honor.
CROW: You said go ahead?
THE COURT: Yeah.
(RETURN TO OPEN COURT)
BY CROW:
Q: What did Mr. Misskelley indicate that he was talking -- that was going on and had the officer in the park?
A: Some lady down the street had slapped one of Stephanie's young sons.
Q: It was Stephanie's son that had been slapped?
A: That's correct. That's what I was told.
Q: Okay. Did you see him anymore that day?
A: No.
Q: Okay. How long -- how much longer were you out in your yard?
A: Maybe ten to fifteen minutes to complete the mowing job.
Q: Then what did you do?
A: Went inside. Stayed inside the rest of the evening.
Q: No further questions.
CROSS EXAMINATION
BY FOGLEMAN:
Q: Mr. Hoggard, what time did you say that this happened?
A: What happened?
Q: Whatever time you indicate -- you indicated that you were out mowing and that you'd seen the defendant, uh, by the deputy's car. What time was that?
A: Near 6:30pm.
Q: Okay. What did you say happened at 6:00?
A: Uhhh....
Q: Or did you say --
A: -- That I probably started mowing my yard about 6:00pm. I arrived home and started mowing my yard.
Q: You got home at about 5:30, right?
A: Yes.
Q: And how long after you got home, did you start mowing?
A: I'd say twenty minutes.
Q: So around ten 'til six?
A: Yes.
Q: All right. And how big a yard do you have?
A: Third of an acre.
Q: Okay. And how long had you been mowing when you saw the deputy's car?
A: Approximately fifteen minutes.
Q: And where was it that you saw the deputy's car?
A: In Stephanie Dollar's yard.
Q: Okay. This was actually in Stephanie Dollar's yard?
A: Yes.
Q: Okay. And how many police cars did you see?
A: One.
Q: Isn't it true, Mr. Hoggard, that you do not know what date this occurred?
A: It is true that I know.
Q: You do know what date this occurred?
A: Yes.
Q: All right. And uh...you -- as you sit there right now, you have an independent recollection of what date this occurred?
A: By the circumstances, yes I do.
Q: Okay. Is that the first time a deputy sheriff's car had been in Highland Park?
A: No.
Q: Okay. And if the proof showed that on May the 5th that a deputy sheriff did not go to Stephanie Dollar's house, would that indicate to you that you were thinking of a different date?
A: No.
Q: Oh, it wouldn't?
A: No.
Q: All right. What is it that makes you so certain that this was May the 5th?
A: Because of -- I saw a copy of a police report and by my log that I arrived home on May the 5th.
Q: Okay. Who showed you a copy of the police report?
A: I don't remember.
Q: All right. It wouldn't have been Stephanie Dollar, would it?
A: No.
Q: Isn't she a neighbor of yours?
A: Yes.
Q: All right. And the defendant's a neighbor of yours, isn't he?
A: Right.
Q: You also have one of the yellow ribbons on, right?
A: Yes, sir.
Q: So, you saw a copy of a police report and you looked at your logs and you said, "Hey, I was at home that day." Isn't that right?
A: Mmm-hmm. (Yes)
Q: Well, isn't it true that it's possible that a deputy sheriff was out there on another day besides May the 5th?
A: Sure.
Q: Right. And what is it about that day that makes that the day that you're testifying about here today?
A: Because of...because of the officer saying that, that -- Jessie telling me that the officer was there for the disturbance about Stephanie's son having been slapped.
Q: Okay. Do you know whether Stephanie's son had ever been slapped before?
A: No.
Q: You don't know that?
A: I don't know that.
Q: All right. So it is true that it is possible that Stephanie Dollar's son was slapped some other time?
A: He could have been slapped another time.
Q: And it could have been a different date than May the 5th?
A: It could have been another date, also.
Q: All right. The day that you're talking about -- now, first of all, were you in town on May the 27th?
A: I don't remember. I'd have to look at my logs.
Q: All right. And when is it that you first discovered that you thought that you had witnessed something on May the 5th?
A: I don't remember the date.
Q: Well, the month?
A: Probably a month later.
Q: Okay. And -- so, since, say, June you known about this? That you think you know something? Is that right?
A: I thought that I had seen Jessie Misskelley on that date.
Q: All right. And for ever since June of 1993, you've kept this and you have not told anybody with law enforcement about this, have you?
A: I did not go to the law enforcement. I've had a couple of calls at home.
Q: All right. And wasn't that within the last, what, month or two?
A: I believe so.
Q: In fact it was in January, when an officer finally came to you after hearing about that, that you might have some information, right?
A: I got a call at home. I don't believe that an officer --
Q: -- All right, he called you at home?
A: Yes, sir.
Q: All right. So for all that time, up through January, you didn't tell anybody with law enforcement, "Hey, you know, that I might have some information y'all might need to know"?
STIDHAM: Your Honor, I don't think that's proper impeachment. He's trying to insinuate that the prosecution and the police didn't know about this incident. They knew by -- the police report indicates that they knew aboutit.
FOGLEMAN: Your Honor, this is proper going to if he's had this information all along, it seems to me like he'd come forward.
THE COURT: Go ahead. I'll allow the cross-examination.
BY FOGLEMAN:
Q: You have had this information ever since June, up through January and never told anybody with law enforcement?
A: Not to my knowledge.
Q: All right. When was the first time you told anybody, any of the lawyers or investigators, representing the defendant?
A: I believe it would have been, like, September.
Q: All right. Now, at -- when you saw the defendant on whatever date this was, what kind of haircut did he have?
A: I don't remember.
Q: Well, now Mr. Hoggard, I called you on the telephone the other day, didn't I?
A: Yes.
Q: All right. And isn't it true that you told me on the telephone that he had a haircut like he had when he was arrested when you saw him?
A: I think that's correct.
Q: I don't have any further questions.
RE-DIRECT EXAMINATION
BY CROW:
Q: Mr. Hoggard, do you recall meeting with me in September?
A: I re -- I recall meeting with you.
Q: Okay. Do you remember telling me this information at that point in time?
A: Yes, I do.
Q: Do you remember giving me -- mailing me your logs, shortly thereafter that?
A: Yes, I do.
Q: Thank you. That's all I have.
THE COURT: All right. You may stand down, you're free to go.
HOGGARD: Thanks.
(WITNESS EXCUSED)
STIDHAM: Your Honor, at this time, that's all the witnesses we have ready to testify today. I realize that -- that it's three o'clock, but...
FOGLEMAN: -- Can we approach?
STIDHAM: ...we didn't anticipate getting starting this early.
(BENCH CONFERENCE)
THE COURT: Wait until Mr. Stidham gets up here.
FOGLEMAN: Your Honor, they have witnesses here who are ready. They're here, from West Memphis, that they subpoenaed to be here today to testify. The officers are here, when we did it 'til we ran out of people to talk.
CROW: Well, the only witness I know that's here is Dennis Carter, and we haven't decided if we're gonna use him or not.
FOGLEMAN: Well, you've got Dennis Carter, you've got Mike Allen, you've got Gary Gitchell, you've got Bryn Ridge.
STIDHAM: Your Honor, we can't call the officers at this point. We got to call them in sequence.
THE COURT: Well, now, I do not know...what kind of sequence is it?
CROW: Your Honor, there's a logical sequence. Like John called some people four times, making it a logical sequence out of things.
FOGLEMAN: I called them until I ran out of people we had available.
(inaudible mumbles)
THE COURT: I understand the officers have got some kind of problem about tomorrow.
STIDHAM: We can call them first thing Wednesday morning.
FOGLEMAN: Your Honor...
THE COURT: Well, I'm not going to wait until Wednesday morning, if you can call them now. Let's get the officers in here.
STIDHAM: We can't do it today.
FOGLEMAN: If there's a logical sequence, your Honor, they got Dennis Carter here. They asked him to be here.
CROW: We haven't decided what we're doing with him yet.
STIDHAM: Your Honor, if we did call him, if we do call him, we're only talking about ten or fifteen minutes. That's not going to make a big impact for the day, anyway. Now, I will point out that the State had a similar problem when you recessed one day at 2:30.
FOGLEMAN: We never had that problem.
THE COURT: I don't remember recessing at 2:30 but...
DAVIS: Judge, they got -- they got Dennis Carter here. He can testify this afternoon, after taking a three hour break. I don't care. I can't believe (inaudible).
CROW: We may or we may not.
STIDHAM: We may not, Your Honor.
CROW: Yeah, we may -- that's a decision we gotta make yet, your Honor.
DAVIS: Well, Judge, I'd love to have an opportunity to take witnesses home and talk with them --
STIDHAM: -- Judge, that's entirely improper and I resent that remark even being made.
DAVIS: I just said he's gonna talk to him, about what's gone and transpired today, if he's going to testify to tomorrow.
CROW: I'm not gonna recall anything, your Honor. I obey the rule.
DAVIS: I still think you're going to talk to him.
CROW: I'm not gonna tell him what anybody's testimony was.
THE COURT: How many witnesses do you have here, you can call right now?
STIDHAM: None, your Honor, other than Mr. Carter. We prefer to call him tomorrow, if at all.
THE COURT: Why can't you call the officers so we can accommodate them?
STIDHAM: Your Honor, we can't do it today. The sequence of our defense won't make any sense to the jury if we, if we don't do it in sequence.
THE COURT: Okay. Have you got anything?
(inaudible mumble)
THE COURT: All right, we'll recess until in the morning.
STIDHAM: Thank you, your Honor.
DAVIS: Judge, if the record could reflect that we're prepared to go forward, at this point?
(RETURN TO OPEN COURT)
THE COURT: Well...(SIGHS). All right, ladies and gentlemen, apparently we're going to need to recess until in the morning. Gentlemen, I'm not going to quit at 3:00 tomorrow. I'll just tell all of y'all that. We're going to finish. But with the usual admonition not to discuss the case among yourselves or with anyone else, you may stand in recess until in the morning, at 9:30.
(COURT RECESSED)
(COURTROOM NOISE)
THE COURT: Getting to be like California, where you work about two hours a day.
