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IN THE DISTRICT COURT OF GRADY COUNTY, STATE OF OKLAHOMA
THE STATE OF OKLAHOMA,
BOBBY JOE GLASS, ANTAIOMY JAMES MANN,
RICHARD JONES AND WAYNE THCMPSON,
Piaintiff,
Vv. .
CRF-83-45
Defendants.
Nae Nee Nae eH Ne Ne Se Ne Se Se ee Se”
TRANSCRIPT OF RECORD MADE IN TRIAL COURT
APPEAL FROM THE DISTRICT COURT OF GRADY COUNTY
SIXTH JUDICIAL DISTRICT OF OKLAHOMA
HONORABLE JAMES R, WINCHESTER
DISTRICT JUDGE, PRESIDING
APPEARANCES :
MR. TONY BURNS, District Attorney for Grady County Oklahoma
MR.
MR.
Grady County Courthouse
Chickasha, Ok, 73018
LARRY BARESEL, Assistant District Attorney for _ Grady
County Oklahoma
Grady County Courthouse
Chickasha, Oklahoma 73018
ED McCONNEL, Attorney at Law
Suite 222, 1901 N. Classen Blvd.
Oklahoma City, Ok. 73016
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005
(405) 247-3671
q )
_
IN THE DISTRICT COURT OF GRADY COUNTY, STATE OF OKLAHOMA
THE STATE OF OKLAHOMA,
Plaintiff,
Ht
dives ae
Vv. = ans ~ =
ANTHONY JAMES MANN, BOBBY JOE GLASS,
RICHARD JONES & WAYNE THOMPSON.
Defendants.
Ne Nee Na ae Nae Rae a ae ee? ee ee”
TRANSCRIPT
BE IT REMEMBERED, That this is a jury trial on a charge of
Murder in the First Degree concerning the above named defendant,
|| WAYNE THOMPSON, and that the following is a transcript of said
jury trial had the 5th through and including the 9th days of
December, 1983, before Honorable James R. Winchester, District
—
Judge, presiding.
The State was represented by District Attorney, Tony Burns
and Assistant District Attorney, Larry Baresel; the Defendant, ©
Thompson, was present and represented by attorney at Law, Ed
gated
the
McConnel, Oklahoma City, Oklahoma.
Pat
Pe FI
The following Transcript is prepared as per request of the >
Defendant in his Designation of Record for purposes of appeal to
the Court of Criminal Appeals, State of Oklahoma,
Thereafter the following proceedings were had and record made
as follows: Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, ‘OKLAHOMA 73005
(405) 247-3671
INDEX
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO,. OKLAHOMA 73005
(408) 247-3671
Page #
FILING SHEET ........ 2. ee ee ee ee te te ee
VENUE & APPEARANCES ......2....0.-..2..2- 20s Ges estee> .
TRANSCRIPT ... 2-2... cee ee re ne eee tee eee en eee
INDEX .. 2... eee ee ee ee ee ee ee ee te eee ee
DESIGNATION OF RECORD wea as eee est we Hee bw ae tees cnwne
VOIR DIRE BY STATE ..... Le eee ee ee ee ee eee tees . 1-108
VOIR DIRE BY DEFENSE ...... 2. ee ee ee ee ee tee ee ep L08=161
PEREMPTORY CHALLENGES ...... 2.2... 0... eee ee ee eee ee eee 161-350
COURT'S OPENING REMARKS TO JURY .,.......-...---.-e+0206- 350-354
STATE'S CASE
OPENING STATEMENT ..... 2.2.2... 0... 2 ee eee ee ee ee eens 354-372
BILL DAY
Direct Examination ........ eee ee eet ee tenes 373-377
Cross Examination ...... 2... ce eee ee eee ee ee eee eee eee ee 2371-382
TERRY CUNNINGHAM
Direct Examination ......... 0... eee ee ee ee eee ee ee ee ee 2 382-384
Cross Examination .......... ce ee ee ee tee ee eee 384-385
ROBERT LEE
Direct Examination Cees. ee tteen cea gasuwuscige ao ces ps ees 385-389
Cross Examination .......... 2. eee eee eee ee ee ete ene 389-398
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Cross Examination
Direct Examination
‘Cross Examination
Cross Examination
Direct Examination ..
Page #
JOHN GREGG
Direct Examination vec iaehacettes. eG haaet we ccevcevcecresse 411-413
Wz . in
EES oven bee Sly cbiceedeceetda 413-422
eee pre Bee wa eT a ae oe 422-424
oe oa cB ADA-ABL
TOMMY KIRK |
7 Tee eee eds ceca ches Pia e 5 431-433
ee eee cveueececeetaecectdses: +433-436
—
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
_ . CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(403) 247-3671.
Direct Examination ......... cc cece eee eee eee te eee eens 399-400
Cross Examination .......... 2 eee eee ee eee eee tenes -. .400-402
i RUSTY FEATHERSTONE nee ee
Direct Examination ........-. ese eee eee eee eee tere tees *, 403-404
Cross Examination ne een Ca AGRNE sites ang bee ee eects 406-406
a 7 | _ | - GARY BEGGS | eee ace
Direct Examination ...-....-- eee eee eee ee eee eee eens 407-408
Cross Examination ........ Sos Cees Loe tobevepecportscddevees 408-411
Direct Examination bye nsabuaeeetacte cert e+e exacts Sa cin © ote 436-440
Cross Examination Coe cece ete eset tees net ete ee ete: 440-446
ANN REED Ape oat
Direct Examination ........ _ eee coerce cece ees eete er ene AO7=454"
Cross Examination .........- eee ee eee eee eee eee cece ee 454-465 |
Redirect Examination eneegueeteqaceervaseetesdees scene iy f 466:
Recross Examination oo acca ew cenceugceccnniubiececces 666-467 .
@
MALCOLM BROWN
Direct Examination ......... piste egaee We wek st sweecreeaes 468-482 ~
Cross Examination .......-.. ee eee eee eee eee eee eres ~ 482-491
Redirect Examination Side be tig woe ives nev sees es ; aio we 2's £491-492
“LUCILLE BROWN 7 3 es
Direct Examination. Cee eee sevceccwebese we eee ee eee eee 493-500
Cross Examination .......... Fan Le viebeke vee cece ees 500-507
Redirect Examination pwaccbabeesceoecerecccrbaceneeregees 507 |
| BENNY McCARTHY
Direct Examination seee=es ooo cc ceceeedatrtenvsteere ss + 2508-530
Cross Examination oc okt cee an wees cece ee eeecceeees 531-557
Redirect Examination .....-. eee eee e ee ee tee e ete ee ee III =561
“Recross Examination adeeb pec datewenueeceue owaee Wee ee. 561-562
Redirect Examination Oe Ee aac ccc ic edits (B62-563
| , CHAROLOTTE MANN |
Direct Examination one cbc cbc euneeeeeueue cer dece : 0364-577
Cross Examination coe duee obec a Dues neeeeeacneatedvenely oe 377-587
“VICKY KEENE “
Direct Examination ........ cee eee eee eee eee tee eceteecee «987-610
Cross Examination oc cceaquetevececeeveneeeereeeeener:+§610-617 -&
Redirect Examination coe gueneueevacevenecegeenen ener ¥e617+622.25
2, SRSA
Recross Examination entre gee rereerrer terse erer res eer ees 622
Redirect Examination Olecccnuucednvceevceeneetr ene: HO22-6145°
RECORD MADE ON ADMISSION OF STATE'S EXHIBIT 21 ........ ,625-630
' Penny Moser, C.5.fi.
OFFICIAL COURT REPORTER
- CADDO COUNTY COURTHOUSE
ANADARKO, CKLAHOMA 73005
- (405) 247-3671
24
25
CHARLESETTA GARCIA
Direct Examination ............ cee ee ee eee tte teen es
Cross Examination .......... eee ee tt ee eee nee
Redirect Examination .......-.. 0.22 ee eee eee eee eee .
RANDY JACKSON
Direct Examination ............. Seeneeoees rT ee ere ee
DR. FRED JORDON
Direct Examination ....... eee see eee cee et eee eee eee eee
Cross Examination ......-.... eee eee tte eet eees
Redirect Examination .............-.. tee es cewereewcegvses
JAMES LOONEY
Direct Examination .............---+4;:-- ae hee sae eesageeges
DONETTA BRADFORD
Direct Examination ......... 2. eee eee ee ee ee eee Sees cere
Cross Examination ....... gee ee eee ee ee ee ee eens
Redirect Examination ........... 2. cee ee eee te eet
STATE RESTS ... 1... ee ee ee ee ee tee tee eee tere tees
DEFENDANT DEMURRER .......... eacewyecpecaevsesererertits E
DEFENDANT'S CASE
CINDY THOMPSON
Direct Examination ......... eee ee ee tec ee ete ett
Cross Examination bee ov ag oo Gee ha on a Pee Sa
Redirect Examination ...........2--- eee eee Gee aettesecaes
Recross Examination ........-..--2 2 ee cee ete eee Lee eee pee eee
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
630-635
635-647
647
648-657
648-657
669-671
671-672
672-681
682-691
691-699
699-700
702-704
704-711
712
712-713
DANNY MANN
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Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
Direct Examination ............. 0... ce eee ee eee eee .--/13-719
Cross Examination ............ 0.0... cee eee eee eee ~+.-/19-727
Redirect Examination ............. eee cee ce eee eee eee 727
Recross Examination ......... 0... eee eee eee ee eee eee 728-729
Redirect Examination ee a eee ee vie Mks ws bled » eae ea 729
DEFENDANT RESTS ............ Cover cece ewer ewe cestucseeece 729-730
RECORD ON INSTRUCTIONS .............,..... cette eee nae ses 731-733
STATE'S FIRST CLOSING .,...............,... veer esereeecne 734-736
DEFENDANT'S CLOSING ............--.-c eee tee eee tee eee eee J36-F59
STATE'S FINAL CLOSING .,.,........ 0c e ee eee ee eee eee e ee ee 759-770
RECORD MADE ON NOTES FROM JURY selec ee revere renter Eenteres 770
VERDICT ..... betes ee ne © A oy 7 A
| (Sentencing Phase)
STATE'S CASE
STATE'S OPENING STATEMENT ...... 0.0... 00. yeeuceecceeee 774-776
DR, KLINE
Direct Examination ,................ crete ee te eee eee eee ee - 116-784
Cross Examination ........ tee eee he receces etter ee tee e «784-790
Redirect Examination cme ete thee ph eecteceosees teeetesee e 790-794
Recross Examination ........ euweceseresevececcehouceteree 794-795
Redirect Examination tee eee ee twee tee ee ttt e epee eee eee 195-796
ROBERT LEE
Direct Examination .........,..... cweeucinesgess ce eeee
Cross Examination ......- ee ee ee ee ee tee eee ees
Direct Examination .. 2... 2. epee eee ee eee eee eee
DEFENDANT'S CASE
RAYMOND CLOUD, JR.
Direct Examination ....-. eee ee eet ec etre tte rer eetes
Cross Examination .... cece eee eee eee ee ee ee eeege
"WILLIAM BRODERSON
Direct Examination ...... ..., ccc cece c ce ecepececeues
Cross Examination ...... cece eee sete e cert eer eere
Redirect Examination ,........-.-- ecu eceeceree
Recross Examination .,....,.-.c cece e eee etes
Recross Examination .,..
IN CAMERA HEARING .....,..
*Charles VY. Keene
~ Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
“> 34405) 247-3671
Redirect Examination ......,--cc ecu e eee c cer eeeccegeees
Redirect Examination .....ee cee spe ceeceeteeeteetetete
Redirect Examination ..... ccc cp e cece eter eeeeeeceteee
oy 796-798
4799-802:
Cross Examination ris ee cece coer sees eK eescee eeeeee ee -802-803
wee 803
. ++ -804-806
-,---806-808
.,- -808-809
-.... 809-812
- eee 8127819
—_—
weeee ~ 820
- eee 820-821
veeey 7 821.
(eee 821-822—
eee «822-831
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Direct Examination
CHARLES V. KEENE
eosererertreeevreevr ere ere ere ere eee er eer eee eee wee eeese
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
, CADDO COUNTY COURTHOUSE
~ ANADARKO, OKLAHOMA 73005
(405) 247-3671
Cross Examination ..... peegeu sb ieeces vee’ ose e ad egies vincieste’ 833
Redirect Examination ..... : wesaeee eee 6% s%0-> ae eee wee 833
DEFENDANT RESTS ,......---.- Ta ce bae ote teak av es 333
H RECORD ON INSTRUCTIONS ....... etewee tee te te tee e ee ee eee s 833-836
1 STATE'S FIRST CLOSING .,..,...------- eee eee ee Sweeeeeteess ue 836-842
DEFENDANT'S CLOSING .........-. CES eens pon eeecess' oe ee 842-848 ~
STATE'S FINAL CLOSING .........-..-+..-.--.- ee cece cesses, 848-866
|| RECORD ON NOTES FROM JURY ......-y-ceeeeeees Se a eine |. 866-869
VERDICT .,....... ones cee teteteycteceeecueeesesesnens sy -869-872
CERTIFICATE OF TRIAL JUDGE . oe eee ee etter rere ree retrese 873
CERTIFICATE OF COURT REPORTER .,.....-.- : ‘ es ets 2 874
State’s Exhibit Number 1 .,,......-. beeen vueees sebtieese 875
State's Exhibit Number 2 ,..,......... Sov eeeees eeceee ect 876
State's Exhibit Number 3 ...---:e--ereee eee steer eens ~, 877)
State's Exhibit Number 4 ,,........ seeeertee ae aa “1878
State's Exhibit Number 5 .......... yeeeee 5 —_ cttee 8879.
State's Exhibit Number 6 .....--cceeeeeere?: ees eeeueueeuex ‘880.
State's Exhibit Number 7 ,..., cepeeteespetenceerreten B81
State's Exhibit Number 8 ... pepe cece eet e eet eece . _ 882
State's Exhibit Number 9 .....cccccsueeecceeeeareeteees 883
6
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State's
State's
State's
State's
State's
State's
State's
State's
State's
State's
State's
State's
State's
State's
State's
State's
State*s
State‘s
State's
State's
State's
State's
State's
State's
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit |
Exhibit”
Exhibit
Exhibit
Exhibit ~
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
#
Pe
>
- be
1O..... 0.0. ee See 883.
hn oe 7
12.
Penny Maser, C.S.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671 ;
IN THE DISTFICT COURT OF GRADY coUne?y
tea ue
STATE OF OKLAKOMA
TRE STATE OF OKLAHOMA,
laintiff,
vs. Case No. CRF-83-45 _
WILLIAM WAYNE THOMPSON,
Defencant,
DESIGNATION OF RECORD
COMES NOW the Defendant, William Wayne Thompson, and
for the record on appeal herein, designates the foliowing
instruments:
3 The information. os See
2. The Judement and Sentence.
| 2. Bll Motions ané other Pieadings. ©.
:
£. This Designation of Pecord.
>. The transeript of the Testimony of alli Witnesses et the
ri@i srt Bil rhsical evigence.
€. The transcripts of the Prosecutive
the Amerebility (Certification) Hearing.
©. The transcript of the Voir Dire. |
EE McConnel
ATtorney for Defendant
1901 Classen
Oklahoma City, Ok. 73106
oth:
Cy
* Hat 333 Sign da *
. § Ra” Mas, ae é
oe ty AT ee
Re: le Sy i #6
~ Sie net 2 nate ane ae ~
(24
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DESIGNATION OF RECORD
x
=
»
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO,. OKLAHOMA 73005
(408) 247-3671
23
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THE COURT: Show this is CRF-83-45, The Matter of the
State of Oklahoma, plaintiff, v. Bobby Joe Glass, Anthony James
Mann, Richard Jones and Wayne Thompson. We're here today with
regard to the defendant, Wayne Thompson, oniy. Show the presence
ef the State in and through Mr. Larry Baresel and Mr. Tony Burns.
Is the State ready? 3
MR. BURNS: State's ready, Your Honor.
THE COURT: All right. Show the presence of the defend-
ant and his attorney, Mr. Ed McConnel. Is the defendant ready,
Mr. McConnel?
MR. McCONNEL: Defendant's ready, Your Honor.
THE COURT: The Clerk will call twelve jurors to the
“box.
CLERK: Julia A. Duggan, D-U-G-G-A-N.
THE COURT: Let me ask you when you come forward if
you'il just come through the railing and take the first seat, fill
up the first row and then come back to the top. Okay. peceee
CLERK: Dale A, Jourdan. J-O-U-R-D-A-N; Ruth AL
Hoebing, H-O-E-B-I-N-G; Richard E. Coulter, C-O-U-L-T-E-R;
Carolyn F. Howard, H-O-W-A-R-D; Andrew L. Sumner, S-U-M-N-E-R.
THE COURT: All right. Then if the next person will take
at the top there.
CLERK: Estelle King, K-I-N-G; Minora F. Jones, J-O-N-
E-S; Johnny R. Dorman, D-O-R-M-A-N.
THE COURT: Mrs. King, if you'll take the first seat
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
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down here. Then the next seat would be Mrs. Jones. One more.
We have a seating chart, is what we do so we mark down who is
sitting where and if you're off then we call you the wrong thing
for four days. Okay. |
CLERK: William W. Hamstead, H-A-M-S-T-E-A-D; Robert
Jones, J-O-N-E-S; George Livings, L-I-V-I-N-G-S.
THE COURT: For those of you who have been summoned as
jurors I remind you that jury service is a legal obligation as
well as a civic duty. Each of you is an officer of the Court
just as I am and the attorneys. Your office as a juror is one of
extreme public trust. The services you perform as a juror are as
important and central to the administration of justice as those
“performed by myself or the attorneys. As prospective jurors you
will be asked to take an oath and answer completely and truthfully
all questions ask you by myself or the attorneys. I ask that each
of you stand and raise your right hands.
(Jurors stand) . =
THE COURT: Do you and each of you solemnly swear, or
affirm to well and truly answer any questions asked you concerning
your qualification to sit on the case now on for trial so help
you God or under the penalty of perjury.
(Jurors respond affirmatively)
THE COURT: Throughout the course of your service this
week there are numerous cases that have been set. And the case
that we have today in this courtroom is a criminal case and will
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
take several days I anticipate. There are other cases that have
been set and I may need, and at this time I'm going to call twelve
additional jurors and ask that you go down to the other éourtroom.
Joyce, would you stand -- she'll be out in the hall and if you |
will just assemble out there she'll take you down to the other _
courtroom. Now, once youre excused from serving down there I
would like to ask that you check in back up here. So please don't
leave until you're excused either by myself or one of the other
judges.
(Jurors called by Clerk and proceedings resumed as
follows)
THE COURT: The defendant in this crime is charged with
Murder in the First Degree committed against a Mr. Charles Keene
on or about the 23rd day of January, 1983 in Grady County. Both
the State of Oklahoma and the defendant is entitled to jurors who
approach this case with open minds and agree to keep their minds
open until a verdict is reached, Jurors must be free as humanly
possible from bias, prejudice, or sympathy. Jurors must not be
influenced by preconceived ideas as to facts or as to the law,
You are undoubtedly qualified to serve as jurors but may not be
qualified to serve as a juror in this particular case. Hence,
the law permits an unlimited number of challenges for cause. And
the law grants both the State and the defendant nine peremptory
challenges to permit the State or the defendant to excuse prosp-
ective jurors for any reason whatsoever. If you are excused from
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
=
©
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being a juror in this particular case it is no reflection on you,
You may well be chosen to serve as a juror in another ‘case. Again,
if you were excused from this jury panel I will advise you whether
or not you're to go to another courtroom or whether you're excused
from entixe jury service. The attorney for the State is Mr. Larry
Baresel and Mr. Tony Burns. Would you stand?
(Attorneys stand) >
THE COURT: During the course of this trial Mr. Burns
and Mr. Baresel will be handling various parts of their case. Do
any of you know Mr. Baresel or Mr. Burns? Would you raise your
hand if you do?
(Jurors respond negatively)
THE COURT: Is the District Attorney's Office in Grady
County handling any matter for you at this time? Will you raise
your hand?
(Jurors respond negatively)
THE COURT: The attorney for the defendant is Mr. Ed
McConnel. Mr. McConnel, would you stand? And the defendant is
Mr. Wayne Thompson. Mr. Thompson, would you stand?
(Defendant and attorney stand)
THE COURT: Do any of you know Mr, McConnell? Mr,
McConnell practices in Oklahoma City and in the surrounding county,
Do any of you know Mr. McConnel or is he handling any matter for
you?
(Jurors respond negatively)
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
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THE COURT: Do any of you know Mr. Thompson?
(Jurors respond negatively)
THE COURT: Or any of his family members. I believe Mr,
Thompson's mother's name is Dorothy, is it, Mr. McConnel? |
MR. McCONNEL: Yes, that's correct. | |
THE COURT: Dorothy Thompson is his mother. Do any of
you know Mrs. Thompson or any of his family?
(Jurors respond negatively)
THE COURT: The alleged victim of the crime is Mr.
Charles Keene. Do any of you know Mr. Keene or any of his family
members? Would you raise your hands?
(Juror Jones indicating)
THE COURT: Mrs. Jones, correct? Do you know them in a
close family relationship or just who they are?
JUROR JONES: I know just who they are, My husband
worked -- or Mrs. Keene worked where my husband worked,
THE COURT: So your husband and Mrs. Keene, the —
deceased mother, were co-workers?
JUROR JONES: I believe it was his. sister.
THE COURT: All right. Anything about that relationship.
that would cause you to not give Mr. Thompson a fair and impartial |
trial?
JUROR JONES: No.
THE COURT: All right. Anyone else that knows Mr.
Keene or-his family?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
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(Jurors respond negatively)
THE COURT: At this time, since we're introducing people
I think it would be appropriate. I am Jim Winchester and I am
Associate District Judge of Caddo County. I was padigned to hear
this case and I'm over hire at this time. The Court Reporter is
Penny Moser and it will be her duty to takedown ‘as you can See"
what I say, and when I stop she stops and she'll do the same with
your testimony, with what answers you give us and the questions
by the D.A. and the witnesses and mark exhibits. So she's going 7
to be pretty busy during the trial and you probably won't hear a
thing out of her. -° Glenda Fenimore, Glenda, you were introduced
before, weren't you? Will you stand, Glenda is your Grady County
Court Clerk and she is the one that sent out the sumo her
office did. Her office is also in charge of filing cases, whether
they be civil or criminal and other matters, If you need a pass
port you come in there. You need to check in each morning when
you're in service with me so that you get paid. You'll have to
check in with her office so we make sure you're there, Juanita,
would you stand? Juanita Cook is our bailiff, She‘ll be in charge
of you during the time when I send you out in deliberations and
possibly some other time if necessary. If you have questions :
throughout the trial that you need to speak with me about , if you
will talk with Juanita and she will let me know of your request.
Okay. During voir dire if you have questions you can raise your
hands.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(40S) 247-3671
(Juror Jones indicating)
THE COURT: Yes? :
JUROR JONES: I think it was his wife that my husband
worked with. | | ae 23
THE COURT: Do you know the deceased's wife?
JUROR JONES: No. |
THE COURT: Let me go to the next set of questions. I
am going to read a list of the witnesses and I'd like for each of
you to listen carefully and the question I'll ask you afterwards _
is whether you know any of the witnesses, which. ones, and we'll
take up the relationship whether its close, friendly relationship
such as you drink coffee with them every day, whether its one of
Fthose things that I know that he's a police officer, L*ve seen
his name in the paper, or that. Okay. I'll go through about oie
of them for you and if you raise your hand we'll take that up.
Terry Cunningham, Robert Lee, Jack David, John Brigg, Ken Reid,
Dany Sterling. Do any of you know any of these men?
(Juror Howard indicating)
THE COURT: Okay. Mrs. Howard, which one do you know?
JUROR HOWARD: Terry Cunningham.
THE COURT: Do you know him on a -- are you good friends#
JUROR HOWARD: No.
THE COURT: Just know who he is.
JUROR HOWARD: Yes.
THE COURT: , Nothing about the fact that you know who he
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 ©
24
25
is would cause you any problem being fair to either party?
JUROR HOWARD: No, sir, hs :
THE COURT: All right, Anyone else? Fred Jordon, Jerry
Peters, Mary Long, James Looney, Ann Reed, Anybody know any of
those individuals? : :
JUROR SUMNER: Fred Jordon from Rush. Springs or
Chickasha? ? |
| THE COURT; This is Fred Jordon that is a Medical
Examiner. |
JUROR SUMNER; Oh, okay,
THE COURT: You don't know this Fred Jordon?
JUROR SUMNER; No.
_ THE COURT: Randy Jackson, Royce Wybart, Dr, Crowell,
Doneta Bradford, Malcolm Brown, Lucille Brown.
(Juror Jones indicating)
THE COURT: Mr, Jones?
JUROR JONES: Randy Jackson. ae
THE COURT: All right. And how do you .,,
JUROR JONES: He's a personal friend,
THE COURT: He's a personal friend. He may be called
to testify here today or this week sometime. Would you judge his
credibility based on what he says rather than on the fact that you
know him? ;
JUROR JONES: I think so, yes.
THE COURT; Okay, So you could set that relationship
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(40S) 247-3671
p-
24
25
aN a
aside and be fair to both parties.
JUROR JONES: Yes. :
THE COURT: And you, Mrs. Jones?
JUROR JONES: Randy Jackson, | 2s Bevin BES
| THE COURT: Okay. Same basis You could sit aside your
personal feelings and be fair to both parties? — 7 ae
: JUROR JONES: Yes. :
THE COURT: Anyone else?
(Juror Howard indicating) | : ae
THE COURT: Mrs. Howard, |
JUROR HOWARD: Randy Jackson. I know he's an officer.
THE COURT: Just know that he's in law enforcement.
his that wouldn't cause you any problem?
JUROR HOWARD: No. oe
THE COURT: All right. “Dorothy Thompson, Charolotte
Mam, Charlesetta Garcia and Vicky Keene. All right, Mrs. Jones,
I believe you know Mrs. Keene? | a~ ;
-
JUROR JONES: Yes, she lives at Amber about a block from
us.
THE COURT: All right. You live at Amber alsq?
JUROR JONES: I don't really know her, but like L said
my husband works at the same place, ‘ : is
THE COURT: Let me ask one additional question, Are you
familiar with the facts and circumstances of this case? |
JUROR JONES: Yes.
Penny Maser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
10
THE COURT: The fact that you know Mrs. Keene, the
facts and circumstances that you know about this case, could you
give the defendant and the State a fair trial? | |
JUROR JONES: I think I should be excused. RF.
THE COURT: All right. I'll leave that and I'll allow
you to voir dire her further. Does anybody request it? heey:
a MR.BURNS: I'd ask to, Your Honor,
“THE COURT: To vior dire her?
MR,BURNS: Yes.
THE COURT: Let me go ahead and move on. I'll leave
that for now and the attorneys will ask you some questions. Any.
one else know any of the others will you raise your hand.
Charles Camp; Marcia Camp; Jerry Frietag, Gary Beggs. Do any of —
j| you know those people?
{Jurors respond negatively) 7
THE COURT: Tommy Kirk, Rusty feathecstace. pera
McCarthy, Danny Mann, Gordon L. McCarthy. a
{Jurors respond negatively)
THE COURT: Al Cheek, Jim Nixon, Ron Taylor, Maxvey- ‘Prati
or Jim Smith. Do any of you know any of those individuals?
(Juror Howard indicating)
THE COURT: “Mrs, Howard?
JUROR HOWARD: .Just Ron Tayler.
THE COURT: You know he's the Sheriff of Grady County?
JUROR HOWARD: Yes, sir,
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
re
Lo 3) a
N
(Juror Livings indicating) —
THE COURT: All right, Mr. Livings, which do you know?
JUROR LIVINGS: Ron Taylor. ; |
THE COURT: Do you know him ...
JUROR LIVINGS: Real well.
THE COURT: All right. Personal friend of yours?
JUROR LIVINGS: Yes, |
THE COURT: All right. Even though you're a personal
friend, we had to deal with Mr. Jones and Randy Jackson is a -
friend of his. Could you set that fact aside and judge his
testimony on what he says?
JUROR LIVINGS: You betcha.
THE COURT: All right. And that won't cause you to be
any more fair or unfair to either side?
JUROR LIVINGS: No,
THE COURT: Anyone else?
_—
-
(Jurors respond negatively)
THE COURT: Jim Madison, Ohal Brand, Elton Crick, Dr,
Helen Kline, David Reed, Stacy Knight, Bill Day -- that's a pretty
common name, this is the Bill Day that is the Chief of Police at
Eufaula, Do any of you know these individuals? |
(Juror Howard indicating)
THE COURT: Mrs, Howard?
JUROR HOWARD: Did you say Ohal Brand?
THE COURT: Uh-huh.
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
| lly, or have you discussed this case with anyone prior to today?
JUROR HOWARD: I've known her since I was a little girl,
=
she was in the Ninnekah community.
MR. BARESEL: Judge, she is not going to testify in the
‘ Be
trial of this defendatn. ee ae
| THE COURT: All right. We will strike her as a witness.
She won't testify. Anyone else? | Es
(Jurors respond negatively)
‘THE COURT: Have you read any of the facts, alleged facts
about this case, and expressed or formed an opinion concerning the
case, or would any information that you've read concerning the
case influence your ability to hear and decide this case impartia-
Would you raise your hand if you. know anything about the case?
ier Sumner indicating) : Bee | 2 ee
THE COURT: Let me take you, Mr, Sumner. Have you read
something about this case? Es
JUROR SUMNER: I haven't read anything but my: daughter
works for a lawyer and she has.
THE COURT: And you've heard some discussions about that?
I think we need to take these up, If you would come forward, sir,
to the bench and if the lawyers would approach the bench. 3
(Whereupon, the following conversation was held at the.
bench outside the hearing of the jury.)
THE COURT: Let the record reflect we are having a side-
bar converence within the presence of both of the attorneys, the
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
rey Moni eae : a
i .
defendant is present and we are outside the hearing of the jury.
We have Mr. Sumner here. Mr. Sumner, have you formed an opinion |
based on. what you have been told?
MR. BARESEL: Could I ask some questions?
THE COURT: Sure. I'll recognize the State.
MR, BARESEL: Which attorney does your daughter work for?
JUROR SUMNER: Mr. Broderson.
MR. BARESEL: Bill Broderson. Which one of his girls
is your daughter? | ;
JUROR SUMNER: Shirley Branch.
MR. BARESEL: Mr. Broderson is not actively involved in
the defense of any of the cases. However, he did represent this
defendant at one previous. time. Are you aware of that?
JUROR SUMNER: No. :
MR. BARESEL: What have you heard? Was it supposed to
be facts in this case or rumors or what?
JUROR SUMNER: Well, supposedly facts. I don't know,
MR. BARESEL: Based upon what you have heard were you.
able to formulate an opinion as to either the guilt or innocence:
of the defendant or what the punishment should be? | |
JUROR SUMNER: Well, no, not on those facts. I don't
know the circumstances. All it was was she just said that just
kind of what they did and that was all.
Penny Maser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
JUROR SUMNER: Well, partly. Of course, the facts might
~~
®@
l
this moment?
ea
MR. BARESEL: That was all. I have no further questions.
MR. McCONNEL: Mr. Sumner, do you have an opinion at
this time as to whether oF not Wayne Thompson is guilty right at
: _ JUROR SUMNER: © Well, kind of in my mind, yes. bat ot
course, I don't now ait the facts. &
THE COURT: You say'kind of' but when you answer the
district attorney's question you said you didn’t know. Can you
judge the facts as they come from the witness stand and the
exhibits that are admitted and set aside what you may have thought
or might have heard and give this man a fair trial?
JUROR SUMNER: Oh, I'm sure I can. |
THE COURT: The next question I'm going e ask you is if
you were in the position of Mr. Thompson knowing what you know in
your own mind would you want yourself sitting as a juror Me this
case? : |
JUROR SUMNER: Well, I doubt it. a
THE COURT: State wish to inquire further?
MR. BARESEL: No, I've asked the questions. I can't
reach inside his mind. If he thinks he can be fair I can't.
challenge him for pause. |
MR, McCONNEL: Mr. Sumner, let me ask this question. In
order for me to achieve a verdict of not guilty for my client,
Wayne Thompson, is it my understanding that I would have to change
your mind?
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405). 247-3671
e
MR. SUMNER; Well, possibly. Like I say, I don't know
all the facts. ee sees
MR. McCONNEL: I would challenge him and ask that he be
excused for cause, Your Honor. I believe he is being as honest
with us as ‘he can poasibie be. And I think he has shown to us
that he's got some reservations about having a fair and open mind
about this matter because of matters beyond his control. You can
certainly not blame him. But I think he has shown us that he's
heard enough information to remove his possibility of participa-
tion as a fair and impartial juror.
MR. BARESEL : Judge, I think he has articulated about
he way you would expect a fay person without the real knowledge of
the law. He hasn't heard the facts yet so we don’t know what his.
verdict would be. : | as SBP
i
THE CCUPT: On the facts pvresente¢ in this courtreom.
Chay. I will overrule your motion. You mey sit. : |
(“hereupon, record at bench was corrleted and proceedings
resumed as follows)
TEE CCURT: Next we have Mr. Jones i believe. If you
woulc come down, please.
(%hereuvon, the following record was made at the benc®
outsice the hearing of the fury)
TYE COUFT: Show again we're having a side bar confer-
erce with tir. Jones, a prospective juror. Cho. the presence of the
State, the cefencant anc his attorney outsice the hearing of the
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 |
(405) 247-3671
23
24
jury. Mr. Jones, we asked if you knew anything about the facts?
atts
JUROR JONES : Yes. : eae sore eg eae
THE COURT: Have you read something about it? Fe
) JUROR JONES: Yes, and I => one of the attorneys for.
a Siar zt Saee eee
another of the defendants in the case. played eole == “Of ‘course, che
9 ae
eae cit?
tam
couldnt talk mach about the case, just normal conversation.
a a _ THE couRT: “Which attorney?
JUROR JONES: Mr. -Buzin.
THE COURT: “But you have heard something about the facts
or what allege to be the facts of this case? a ae
JUROR JONES: ee ae i a
_ THE COURT: What you have heard, would that cause you to
be any more fair to one side of the other? pie ;
“JUROR JONES: No. See | eae
THE COURT: Could you. set ‘that out of your mind and. judge
this case on the facts?
JUROR JONES: Yes. Re ee ee
MR. BARESEL: Which attorney did you play golf with? —
_JURCR. JONES: Steve Buzin. ie si Ss
‘MR. RARESEL: And did he express an opinion ne ‘tothe e
guilt or innocence of the defendants? . a as
as
JUROR JONES: No, and as a matter of fact L' m not sure
; x Se < if he a3 > 2 x
of the name of his defendant. ; RE pete.
MR. BARESE]: Was that the only source of information
~
that you. had? ‘ ata :
i re 3 “Penny. Moser, CSR.
Ee. _ OFFICIAL COURT REPORTER
We: \ . ._. CADDO COUNTY ‘COURTHOUSE Pa a cia ie
ity yy & 4 yes , pe x & rd oe wy : 3 oe ‘ 7 -
As Bam ANADARKO, OKLAHOMA 73005 2 “ ¥ : 38 ae pe Se F*
ra, Fe eae Por F * * . + é “9 < oa =
i ieee (408) 247-3671 6 § Spit
> ‘ SNK: s ¥ —n re rae os ie! ~ ey" *. b. . a 3 - em 7 2 ? wet ae
@
Is JUROR JONES: Only I read about the case, but other»
7B than that. no yt | 2
3 dee me. BARESEL: “But as to what you read or heard did 3
| formlate an opinion? ae eS : |
2, Pape "JUROR JONES: No. ees, |
S26 Wy eae MR. “BARESEL: Can you be fair and impartial?
7 |} © JUROR JONES: Yes. ; : eg
8 aR: -McCONNEL: Mr. Jones, if I understand you Barrecery
9 || at this time you have a free and open mind as to the guilt or | |
10 innocence of Wayne Thompson? -
Ml JUROR JONES: Yes, sir. | 3
12h ; Mm. - MeCONNEL: | And nothing that you have heard just in
13 general conversation prior to today at this time effects what you
14° will be doing 1 to make a decision in this case?
5 _suROR JONES: “No, nothing at the present time. =
16 MR. McCONNEL: We'll pass the juror for cause, Your
17 |} Eonor. | eRe : nike . | 7 Stee ee
18 THE COURT: All right. And, gentlemen, before you.
19 leave we have one more. : Mrs. Jones. eae fee
20 (Mrs. Jones approached the bench) Pee ae
21 THE COURT: /Show again we are here having a side-bar
} ee? BRE: ee
22 converence. All parties are present and | we "re outside the shearing
Sees 25%, aS
23 |} of the jury. Now, Mrs. Jones,’ you're not related to the ‘other
24 || Jones, Mr. Jones? 2
25 - JUROR JONES: No. Xo.
Penny Moser, C.5.B. |
Sy OFFICIAL COURT REPORTER - Se B05 ee ~ <
hae fe ag ie a ae
ti oa CADDO COUNTY. COURTHOUSE neki : ‘ ied * ga
HE iS ee ee " ANADARKO, OKLAHOMA ; 73005 "5 +5 5 3 IST HARE ¢,
Pe
THE COURT: You indicated to ne. eid the attorney that
you knew Vicky Keene? : | 5
JUROR JONES: Yes. : e
“THE COURT: Who is the wife of the deceased? _
JUROR JONES: Right. ae |
. THE COURT: Anticipating that she will be called to.
testify have you read something about this case? a
JUROR JONES: No, actually its like I said that ny
husband works where she worked,out there with him. As far as this
gentlemen, the one on trial, I don't now him. All I heard is
actually rumors. But I will say now that my husband a -- he
|. i guess has grown up and knows all these people, Vicky Keene --
now as far as the deceased, I don't think he knew hin. |
THE COURT: If I told you that Wayne Thompson was Vicky
Keene's brother -- I'm sure you didn't know Phat: did you? That
is correct, isn't it? ; :
MR. McCONNEL: - Yes, that's correct. by
JUROR JONES: No, I knew that but it never dawned on me.
TRE CCURT: You have kad an opportunity to discuss this
case? a4
JUROR JONES: Yes.
THE COURT: And he has expressed an opinion ch you on
the family? me
JUPOR JONES: Right.
| THE COURT: “Only you know what facts are in your own
|
Penny Maser, €.5.R.
H OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
i (405) 247-3671
@
| the State and fair to the defendant?
| some pretty hard things. Se : tran ; ae
-
tein . With those in your mind do you think you could be fair to.
- Fc! Cee
a7 4 ‘ :
is - fa - 5: $ *
fe ee > =
*y % Mi
oe | - JUROR “JONES: “Not hearing the other side, Ldon’ t know.
=e : HS SEY ihre cet
8 Baetaits pas: 8
axe ; ; : : oe
fete jean, ‘you know, 1 do have an. opinion already because 3 heard
> a
a:
THE COURT: ‘So you have formed an opinion?
“JUROR JONES: Sy really have.
THE COURT: “Would it be possible after hearing the facts
and the evidence that that opinion would -- I hate to start with
a preconceived oe Do you think your ppinion. is so strong
that you could not change. your opinion?
JUROR JONES: Probably. | =
THE “COURT: | SS you do better than probably? Neither
attorney or myself likes to start in on a probable situation eithe
way and I don’ t know which either way. | =
MR. _BARESEL: Judge if she doesn't think she could be
fair -- I don” t think Mr. McConnel is going to, he won" € reas
thing that would harpoon the jury, so I'm not going to ask if
she doesn't think she could be fair, you know, I'd have no — ae
objection to excusing her for cause. ae 8 oe:
wR. McCONNEL: Yes, I'd ask she be excused.
THE COURT: We'll excuse you for cause since you've;
iia Se
~ ee
already formed an opinion.
(Whereupon, record at the bench was concluded and
proceedings resumed as follows)
#4)
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER ae Bek se
CADDO COUNTY COURTHOUSE a aaa i":
ANADARKO, OKLAHOMA 73005
1aN5) 2a7-2AKk7t
«@
Nn WV & Ww
|
tT} Do you know Mr. Wayne Thompson, the dae a
i :
| :
inary questions to catch you up with the other jurors
THE COURT: Call one more for Mrs.
CLERK:. Joe R. Conner, C-O-N-N-E-P.
Jones‘
place.
THE COURT: Mr. Conner, I need to sek ae a few fed
JUROR CONNER: No, sir.
THE COURT: Do you know Mr. McConnell?
JUROR CONNER: NC.
THE COURT: Mr. Burns or Mr. Baresel?
JUROR. CONNER: No, sir.
shes
‘if I can.
THE COURT: Is the State of Oklahoma handling any matter
for you at this time?
defendant
read?
JUROR CONNER: No, sir.
TEE COURT: You have nothing pending that you're a
or a close family relative?
JURCR CONNER: No, sir.
THE COURT: Did you know Mr. Keene?
JUROR CONNER: No, I didn't.
THE COURT: Or any of his family?
JUROR CONNER: No.
THE COURT: Did you hear the list of witnesses that I
JUROR CONNER: Yeah, I didn't know any of them.
THE COURT: Have you heard or read anything about the
facts in. this case?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
«@
22
24
JUROR CONNER: I've heard but that's all. You know, I
-
=
didn't read or anything.
THE COURT: Have you formulated an opinion as to guilt
“jor innocence? ©
JUROR CONNER: Didn't even hear that much about it.
| foe THE COURT: And you can set aside whatever you did hear
and judge this case on the facts that come out from this witness
stand and from the evidence that is introduced?
Pos JUROR CONNER: Yes.
- THE COURT: All right. Now, I ask each of you, and if
you'll raise your hands we'll take it up as we did before. Have
any of you had any experience that you feel might effect your
consideration in this case? Been a victim of a crime or a
‘|| close family relative? Anyone fit in that category? Had an
experience that they feel that either myself or the attorneys
should know about that might effect your judgment either one way .
or the other such that you could not be fair to either side?
(Jurors respond negatively) |
THE COURT: Now, I will instruct you on the law and the
rules by which the jury is to reach a verdict. Your duty até fotor:
is to except and follow the instructions and the rules given to
you by me. If selected as a juror will each of you accept and
follow the instructions and the rules that I will give you? Will
each of you do that for me?
(Jurors respond affirmatively)
Penny Moser, C.5.R.
i] : OFFICIAL COURT REPORTER
, CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73008
i (405) 247-3671
evidence you are convinced of his guilt beyond a. ‘reasonable doube
THE COURT: One instruction that I would give you is
that the defendant is presumed innocent of a crime. And the ee
Se a
presumption continues unless after a consideration of all the.
The State has the burden of presenting the evidnece that
establishes guilt beyond a reasonable doubt. The hcfendant suck
be found not guilty unless the State produces evidence which
convinces you beyond a reasonable doubt of each element of the
crime. If selected as a juror will_each of you presume the
defendant innocent until he is proven guilty beyond a reasonable
doubt. Will each of you assure me of that?
(Jurors respond affirmatively) ase oS
THE COURT: The defendant is charged with Marder in the
First Degree. The law provides that a person convicted of
Murder in the First Degree shall be punished by death, or es
life inprisonment. It will be your duty to determine whether the
defendant is or is not guilty of Murder in the First Degree-~ I
need to go through a question here and ask each one of you. I
ask that if you will listen to the question and then formulate
in your mind your response. Mrs. Duggan, in a case where the law
and the evidence warrant, in a proper case, could you, without
doing violence to your conscience agree to a verdict imposing the
death penalty?
JUROP. DUGGAN: Yes.
. THE COURT: “I ask again that each of you speak up. I car
Penny Moser, €.5.Hh.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
see your lips but she paste aa
JUROR DUGGAN: “Oh, ‘I'm sorry. goes:
- ae THE ‘COURT: All right. | Urs - Jordon, in a “case yhere the
me) Sine alee
law and the evidence warrant, in a ‘proper case, could ie eer
: Sead em
JUROR JOURDAN: yes sic oes aes
THE COURT: You could also. (Mrs. Hoebing, in a case
weg
where the law and the evidence warrant, in a proper case, could you
without doing violence to your conscience agree to a verdict
imposing the death penalty?
= 9
JUROR HOEBING : Yes. ee ee : eet Gaps
FS - iad
THE. COURT: cs ‘Coulter, in a case where the law and:
the evidence warrant, in a proper case, could you, ete ine
violence to your conscience agree to a verdict imposing the death.
penalty? 974006) ey Ls s Se ae
| “JUROR COULTER: ~ Yes. hk ee . ee
THE COURT: Your answer is yes, also. Mrs. Howard, in
a case where the law and the evidence warrant, ina propetteers iS
Sifts TExES oe ee
could you without doing violence to your conscience agree to a =
verdict imposing the death penalty?
JUROR HOWARD :— Yes.
THE COURT: Mr. Sumner, in a case where the law and the
evidence warrant, in a proper case, could you without doing violend
€
to your conscience agree to a verdict imposing the death penalty?
Penny Moser, 0.5.9. EE
fs | OFFICIAL COURT REPORTER SES: Bet) :
-, ) , CADDO COUNTY CouURTHOUSE Set eee ets
; | ANADARKO.. OKLAHOMA 73005 x ry: BEM me Ee
Gee (405) 247-3671 ie : a sf ate b= ee
@
ENS
An Ww
~ JUROR SUMNER eek: sir.
THE COURT: Mrs. King, can you hear me all right? ©
_ JUROR KING: eee ys : | a
| THE ( COURT: In a case where the law and the evidence
warrant, in a proper e's you, without doing violence tb
your conscience agree to a verdict 3 impos ing the death penalty?
JUROR RING “Did you say -imposing death? ;
THE COURT: : Could you without doing violence to _
conscience SELES: toa verdict imposing the death penalty?
, JUROR KING: Well, I'd have to go with ny conscience.
“THE COURT: | Okay. Your conscience considered, could you
consider that? oe srk
JUROR KING: Yes. a a | oe
_ THE COUR ee think that is an affirmative response.
Mr. Conner, in a case where the law and the evidence warrant, in
a proper CARS» could you without doing violence to your conscience
—
a
agree to Seer dite impsing the death penalty?
JUROR CONNER: Yes, sir.
27a SERS
THE COURT: Mr. Dorman, in a case where the law and the
evidence warrant, ina proper case, could you without doing viow~
Spee rates are ;
lence to your conscience agree to a verdict imposing the death |
“JUROR DORMAN: Yes, sir. | Pee
THE COURT: Mr. Hamstead, in a case where the law and
the evidence warrant, in a proper case, could you without doing
Mee: _. “. Penny Maser, €.5.R.
e Fy BoE 5 ge ds 's <{ OFFICIAL COURT REPORTER |
» DPS pe Mages CADDO COUNTY COURTHOUSE : ;
te eS aS “{ANADARKO. OKLAHOMA 73005 :
Penalty?
‘lence to your conscience agree to a verdict impsing the death —
wea.
JUROR HAMSTEAD: Yes.
‘THE COURT: “Mr. Jones,
JUROR JONES: Yes.
THE COURT: Mr. Livings, in a case where the law and the
evidence warrant, in a proper case, could you without doing
violence to your conscience agree to a verdict imposing, the death
|| evidence warrant, in a ‘proper case, could you without “Woing’ vis
violence to your conscience agree to a verdict imposing the death
penalty?
JUROR LIVINGS: | Yes.
‘THE COURT: Having: a asked these questions do any < of
you know at ‘this time any reason why you could not be fair and_
impartial jurors, if you will raise your hands? :
ae
(Jurors respond negatively)
THE COURT: The Court now requests that each of you Shay ae
= aemee 5 35
: res
3 cae 5S «5
‘at
give your name and tell us a little bit about yourself. at this
Spat * $B a ey
me
on vee as
a) arses,
A et
time. Let's start with Mrs. Duggan, if you "11 tell us” about: eS
yourself. Are you married?
JUROR DUGGAN: Yes, I am. ~ : ¥ aa
THE COURT: And your husband's name is?
_JUROR DUGGAN: Carl Duggan.
THE COURT: All right. And is Carl employed?
Penny Moser, C.5.R.
_ OFFICIAL COURT REPORTER
: CapDdo COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 5
(405) 247-3671 mR. oe Pera Boe Fe
@
JUROR DUGGAN: No, he's retired.
THE COURT: All right. And he retired from? ;
JUROR DUGGAN: I'm a housewife. |
THE COURT: Okay You're a housewife and he’s a what? _
JUROR DUGGAN: No, I thought you said "are you retired",
you know, housewives can't retire. ° te Be ey
TRE COURT: I'm glad you said that, that's true. I
was always told to call them homemaker rather than a housewife.
Were you employed cutntde the home? 7
JUROR DUGGAN: No.
THE COURT: When your husband was not retired what did
he do prior to that? : | |
JUROR DUGGAN: He was a pumper in the oil field for
Champlin Oil Company. 7 : : ke e
THE COURT: All right. And he worked there for a number |
of years? |
JUROR DUGGAN: » Thirty-one.
THE COURT: All right. Where do you live?
JUROR DUGGAN: I live at 1012 S. 18th here in Chickasha.
THE COURT: All right. And do you have children? =
_JUROR DUGGAN: I have two daughters, married.
THE COURT: Any grandchildren?
JUROR DUGGAN: I have five grandchildren and seven great.
THE COURT: All right. Mrs. Jourdan, could you tell us
a little-about yourself.
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
@
H Chickasha? Bp Ee A
3 ~
_ JUROR JOURDAN: lr m a homemaker. And Ronnie Sourdany
ake
tae
4 ate 2.4 7 3 vol . : ae
C.P.A gimp cei oe a
edie ° : : f ESTs tee s oad ee :
é ae ‘ 3 ; Se a cate ee
sy ©
‘
“ae
THE COURT: . are you employed outside the home?
doa Be : BSS aetch yak?
3 oy wes ie ~ ee a cS eee] 7 a *
JUROR, JOURDAN: _No.
THE COURT: Do ‘you have children? gee
JUROR SOURDAN: “Yes.
“ig :
I‘*m going to have to ask you to speak up. Are your children all *
grown? =e ee Ph BESS:
THE COURT: All right. Your voice is a little light,
JUROR JOURDAN: Yes. ae eee
THE COURT: And your husband, his business is here in
wars eee
-.
JUROR JOURDAN: eves. 2: eee ae eee
THE COURT: ‘rs. Hoebing, are you married?
JUROR HOEBING: “Yes. +" m retired, I don' 't work anymore.
My husband has a body shop. I have two boys and they re: married =
and seven grandchildren.
TPE COURT: Your husband is working now, he's not
retired? | | 3h Res Bee
JUROR HOEBING: He should be but he won't.
THE COURT: Have you been employed outside the. home? |
» JUROR HOEBING: | Yes, I just retired back earlier in. the
fall. I was bookkeeper for seventeen years.
THE COURT: All right. Mr.. Coulter, are you employed?
* -- JUROR HOEBING: Sun oil Company.
Paacy Moser, C. S. R.
= _ OFFICIAL COURT REPORTER _
“CADDO COUNTY COURTHOUSE
7 ANADARKO. OKLAHOMA 73005
- (408) 247-3671
aie 5
“ae
‘of
ar
—
=<
pels .
See ae
28
od THE COURT: “What do you do for Sun Oil?
ae pees # JUROR COULTER: I'm : lease operator, have Been for _
| fety-nis years. eS . < - oe é, oe
4 THE ‘COURT: “AlL right. 3 There is nothing about your” 2 :
3 Pwork, ente 0 case > may run at eect tive days, anything about | ats :
6 |) thet would cause you any problens? ars
7 || -® ss suROR COULTER: No, sir.
8 _ THE COURT: Are you married?
ee Be JUROR. COULTER: “Yes. | we
= 10 ee Vien Hs CGUKTs 8. your wife employed outside the pameet
i ae JUROR SS Yes, she Se She works at U. S.A. ae
) . pn 5 A . THE COURT : “And you live here in Chickasha? pone
: € : Ges. JUROR. COULTER: _ Yes, a Ee ae
14 | a: _ THE COURT: Do. you have children?
! 3 - JUROR COULTER: “I have five.
16 THE COURT: any erandchtiaced?
| y JUROR COULTER: Seven. ee
18 | THE COURT: | Mrs. Howard, are you employed outside the
19 || home? sass = eee
! : . Te Sy Se
20 Ree JUROR HOVIARD : ato, I'm a domestic engineer. I have two
21 children. My husband is an auctioneer. We live at Route Ye Box %
22 }j 138, Chickasha. I have worked for the government about eight nS
23 | nine months ago, I ran a computer and worked over across the s street
24 | THE COURT: Did you work across the street ata law
®@ 25 || firm? ,
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER -
'. CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 ky
Pe TENE ee
(405) 247-3671 —
nA wu“
N
3
JUROR HOWARD: At the Federal Building.
THE COURT: The Federal Building. Okay. ‘realize
that a domestic engineer's hours are about twenty-four. Is there
anything about that -- you heard me say this case will run about
a week. We try, other than this first day, ‘to start court around
nine o'clock and we do our best to stop at five o clock, witli. |
there be any problem with that? Is there someone to take care of
vous children? :
JUROR HOWARD: No, they "xe with the baby-sitter.
THE COURT: We allow recesses. We have phones, We
understand that part. Mr. eS tell us a little bit about
yourself. |
JUROR SUMNER: Well, I'm retired now, L worked for the
postal service for thirty-five years. I 'm married, got ‘two
daughters, six grandchildren and one great-grandchild,
THE COURT: Is your wife employed bateide® the home?
JUROR SUMNER: No. : ee
THE COURT: You live here in Chickasha?
JUROR SUMNER: 1202 California. 3
THE COURT: Mrs, King, do you live here in Chickasha?
JUROR KING: Yes. I'm a widow, my husband is deceased.
I'm a housewife now that I'm retired.
THE COURT: And you retired from what?
JUROR KING: Oh, I did domestic work but I don't work
anymore.,-
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
@
24
25
THE COURT:
THE COURT:
~ JUROR: KING:
Tallahasse, Florida.
THE ‘COURT:
THE COURT :
for everybody?
“Do you have children? ye See
“JUROR KING:
“ALL right. Is he still at home; i
“JUROR ‘CONNER: “1 'm married SA have three children, =
twelve grandchildren and one great-grandchild. I’ ma retired
farmer.
THE COURT: And you live where?
JUROR CONNER: Tuttle, 301 West Main, |
_ THE COURT: Ts your, wife employed outside the home? |
; . Sil
nine years at ‘Tinker Field.
HEY, “ ANADARKO, OKLAHOMA. “73005-
ee eee ee) 247-3671 2 Bee, AS rh a dager te
ig . : Ag. ay at *¥ x So. “
I have one boy. | soa ae
No, he works. at AS and Me a
I: have four padichtlee
And Mr. Conner. es og
JUROR CONNER: She was Supervisor for the cafeteria at |
schools but she’s retired ‘now. I ae work oF Phe government for
: ee ‘fans
All Richt’ Civil Service employee.
THE COURT:
JUROR CONNER: Yes. | ee ee
THE COURT: Mr, Dorman,
JUROR DORMAN: I'm married, my wife is Pam Dorman , she
is a part-time secretary at Mosleys, I work for souckaterteenee
Bell as a cable splicer, been there eleven years now. ee
All right. Ts there anything -- er told you
this trial will last approximately one week, is there anything.
about that -- do they have someone who can “keep the phones going
Penny Moser, C.5.F.
, OFFICIAL COURT REPORTER
+ CADDO COUNTY COURTHOUSE
Me aoe
@
JUROR DORMAN: Yes.
THE COURT: Okay. Mr. Hamstead, would you tell us about
yourself? : | ae
- JUROR HAMSTEAD: I own and operate Hamstead bratan
Rush Springs. My wife is Linda, she doesn't york subeide the
home. “a have two children, Sue ae at home and one is a resident
of Pauls Valley. We've lived in Grady County about six pear:
THE COURT: And you were originally from?
JUROR HAMSTEAD : Pennsylvania.
THE COURT: “There are people down at the Ford agency
in Rush Spring who. are Belling cars and working today, aren't they?
JUROR HAMSTEAD; I hope so. a
THE COURT: Any problem with you being about to stay
with us a week? 2 3 MS
JUROR HAMSTEAD: I feel like I'm handicapped anytime
I'm away from my business, A week would be all right, you know,
but like I said I feel handicapped in a way I'm sure any business
man would.
THE COURT: We weigh our civic duties with our business
and you are willing to serve?
JUROR HAMSTEAD; Yes.
THE COURT: All right. Thank you. Mr. Jones,
JUROR JONES: I'm married, have two children, I've
lived here in Chickasha a year and a half. I'ma salesman and I
manage a-convenience store. I think I said I have two children.
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
'
}
|
@
24
25
" 3. Se
JUROR JONES: "Yes, ‘she works here in town at Palmer’ So
S ‘ : 5 ROptee yin eee thee sy. anaes fe, arene
. Rexall ae eee sas ee é : on we a
THE COURT: Is your wife employed. outside the home?
JUROR JONES: Yes"
THE COURT: And Mr. Livings. oo ee ae
JUROR LIVINGS: I own and operate C. & M. Chemical out +
south of town. I an the only employee and I'm obligated for two
oars this week on border inspections. I'd love to honor this,
but its going to "put a big burden on me.
bene ~
THE COURT: Is there anyone else Mats you can 1 get to
do this? is
| JUROR LIVINGS: Just George himself. I buy, mix ‘and :
distribute myself. Its a | problem for me, I'd love to do thie”
—
but it will really pose a problem.
-_
THE COURT: You could serve in the other trials that
we have? ot A !
JUROR LIVINGS: Yes, sir. A day or so where {uae
; {ht weed See : ;
arrange something. I have a load of chemicals I have got to
deliver.
THE COURT: It would be such that your service, not only
*=% Ae a
I understand it would be a hardship, but would it be such that it
would make it difficult for you to sit and be fair and impartial
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
"CADDO COUNTY COURTHOUSE
|) ANADARKO, OKLAHOMA 73005
.A eT, (405) 247-3671 Tae Ske. = See
in this case knowning that you have that to do.
the job but it would put me in a bind. a ie
MR, BURNS: We have no objection to him being ex
Your Honor. | : ee
MR. McCONNEL: No objection.
THE COURT: All right. I'11l excuse you from this trial.
1] Now, you'll have to get excused from the other two judges.
JUROR LIVINGS; That's fine. If I could help a day or
two that would be fine.
THE COURT: All right. If you would go downstairs to
jj Judge Ivy in the basement of the courthouse, Thank you, Mr,
|| Livings.
JUROR LIVINGS: Thank you, sir. 1 appreciate it,
THE COURT: Okay. | |
CLERK: Rene O. Brooks, B-R-O-O-K-S. 3
THE COURT: Mr. Brooks, have you been able to hear the
questions that I've gone over?
JUROR BROOKS: Yes, I have.
there are certain ones I do want to touch on. Do you know Mr,
Thompson or his attorney? |
JUROR BROOKS: No, sir.
THE COURT: Do you know Mr. Baresel or Burns?
- JUROR BROOKS: No.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
JUROR LIVINGS: Yes, sir, it sure would.. I want to do
se
ict ge aes
THE COURT: I won't go over them in their entirety but —
THE COURT:
any. matter for you?
a JUROR BROOKS:
"THE COURT:
with any, crime?
a
JUROR BROOKS:
“THE COURT:
JUROR BROOKS:
“THE COURT:
JUROR BROOKS :
THE COURT:
in this case?
cg JUROR BROOKS:
THE COURT:
formed an
opinoin?
JUROR BROOKS;
THE COURT:
you?,
read?
JUROR BROOKS:
‘THE COURT:
JUROR BROOKS:
THE COURT:
JUROR BROOKS :_
THE COURT:
2
No
Did you know Mr. Keene?
_ No,
Any members of his family?
No,
>
F< Sans
“No,
a
| Right.
me,
_
Is the District Attorney's Office handling
ase sou ‘ceed or heard any alleged facts
>
oS pe
And you will follow the law as I instruct
Yes.
Yes,
oS aS =
2 > aos a
Did you hear the list of witnesses that. T,-
~~ r
eat
Did you know any of those witnesses?
No,
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER |
. CADDO COUNTY COURTHOUSE
. ANADARKO, OKLAHOMA: 73008
(405) 247- 3671 ae
Do you realize this is a case wherein the
So = if you haven’ t heard anything, you haven’ t
Acie,
State of Oklahoma is seepeaaama 4 the death penalty. I will ask Pe
you this = sy ee In a case where the law and the. evidence oe
warrant, in a | Proper case, could you without SetnE violence to. a
-
your conscience agree to a verdict imposing the death penalty? *
"JUROR BROOKS : Yes. oy , 2 ee ee
THE COURT: Having aioen: giked’ these questions do you
know of any reason at this time why you could not be fair and
sepert set both to the State of Oklahoma and to Mr. Thompson?
JUROR BROOKS: “No, sir. sa) =
_ THE COURT: Tell us a little about yoursett?
: -JUROR BROOKS: Ax m a geophysisist in the oil business. L
_am married and have four Diaren, My wife is a housewife, a
THE COURT : Have you Boy replace you're in the oil”
icteas: and its pretty slow right now. Are you going to. have any
problem if you're selected: in staying with us for a Seek
JUROR BROOKS ; Not for a week, If it got any longer
than that I might. we , | noe oe
THE COURT: I would anticipate that it will be_
approximately one week, Is your wife employed outside ‘the ‘home?
| asia ise ag
JUROR BROOKS: No. ee ee
THE COURT: The attorneys for the State and the
defendant will now ask you questions. These questions are not
} designed to pry into your personal affairs, but to diacover if
you have any information or opinion concerning this Case which
you can not lay aside, or personal experiences in your life which
Penny Moser, C.5.R.
y 2 ty : “ . OFFICIAL COURT REPORTER
- GADDO COUNTY COURTHOUSE -
- ANADARKO, OKLAHOMA 73005 sae ee he
ae ae (405) 247-3671 . 3
4. ¥ 4 , 485 * pia
$e an impartial pee
24
(@ 25
=
f Bee
might cause you to favor or disfavor. the State or the defendant = =
AS #
ee Ss
for persons who may be witnesses. The questions may Be further
designed Es ascertain your attitude on social or oral issues
ss eee Ris Lee (ev eS ee + ae —
These questions are necessary for the State and the defendant _ in
cee e's : eS
3 The attorney for the State is “recognized.
oo
<
MR. "BARESEL: Judge, before we start could we have =
THE COURT: Do you have any objection?
OR. McCONNEL: No.
THE COURT:
. Let’ s try to take about ten minutes. I
will admonish each of the jurors. it is your duty as a juror not’
| to converse among yourself or with | anyone else on ae, subject
a ES ae with this trial, nor to form or express any pe inion
until the case is finally submitted to you, Should anyone attempt
to speak with you about this case please advise Juanita or
myself and I will pake care of that matter, Let me advise you
—_—
of this also. the voir dire is sometimes a long process and it
is slow and tedious for each of you. It is an important part of
the trial and I ask that you bear with us and we'll try to give _
you a_break as well as the attorneys, Court will be in recess. ~
Start back in ten minutes, i Se
Whereupon, recess was taken ‘and proceedings resumed .
as follows) a Ks 7 a 8 ae ey,
THE COURT: Show the presence of the jury in the box,
a
presence of the State, the defendant and his attorney, State is
Penny Maser, 0.5.R.
OFFICIAL COURT REPORTER |
CADDO COUNTY COURTHOUSE -
. ANADARKO, OKLAHOMA 73005. _
(405) 247-3671
@
| thing I'd say to. ‘you is. Good Morning. oe ‘now it is: real ‘hard ‘to
33 ae :
recognized for their voir dire. | : | Sess
MR. "BURNS: | Thank you, Your Honor, May it pleases the |
pa BRS
Court, Mr, MeConnel, ‘ladies and gentlemen of the jury: "The first
¥
et =
hear ‘in this courtroom 80. I otry to talk pretty loud. - So “4£ you're
se ion
pie
hard of. hearing, and -* ma ittle bit hard of hearing myself --
SO. ‘Some jurors are hard oF Shcariug too so. we have something in
common that way. As the Judge has told. you my name is Tony Burns
and Tr’ m your: ‘District Attorney. I'm the District Attorney for —
Grady, Caddo, Stephens and Jefferson Counties, My job, elected
position, is to pr escot the evidence on behalf of the ‘people of
the State of ‘Oklahoma in” ‘this ctiminat proceeding. : T would like
Pee each of you to. know that as | we start this trial in the very
beginning of it that the State is aware that the burden of proof
is upon ourselves, ‘By ourselves, being Mr. Baresel, my first
assistant in the district, cand myselt to present eoideace through
witnesses re the Sie yee for you to make your - deliberation
on. in trying to distinguish that I want each of you to know
that our responsibility is to the people of this county, people of
Bes . Sea es SS
=
our state, to bring you the evidence through witnesses | Mrt owe
evidence. Just as when Mr, McConnel talks to you, Mr. McConnel, ~
what he says that's not evidence, Do each of you understand this?
(Jurors respond affirmatively)
. MR. BURNS: Mr, McConnel"“s job is to represent ©
Penny Maser, 0.5.8.
OFFICIAL COURT REPORTER
‘CADDO COUNTY COURTHOUSE
i _- .ANADARKO, OKLAHOMA 73005
(405) 247-3671
Baresel and myself, what we say, that is not testimony and its not
|
his client.in this case, William Wayne Thompson. I would ask for
all twelve of you right now to look at Mr. Thompson, to look at ‘
him and to know that the law of our State and the law of our
tiation. it says that William Wayne Thomspon is not guilty right |
now at the beginning of this trial. That he is innocent until he
is proven guilty. That is the law of our lance and it is the ne
law that -- you know, I agree to it, it is the way it should ce
in a criminal proceeding. I would like to ask each one of you if
you agree with that law. Mr. Collins?
(Juror Collins responds affirmatively)
MR. BURNS: Mrs. Jourdan?
(Juror Jourdan responds affirmatively)
MR. BURNS: Mr. Dorman?
JUROR DORMAN: Yes.
MR. BURNS: Mr. Hamstead?
(Juror Hamstead responds affirmatively)
MR. BURNS: Mr. Jones?
(Juror Jones responds affirmatively)
MR. BURNS: Mr. Brooks?
{Juror Brooks responds affirmatively)
MP. BURNS: Mrs. Howard?
(Juror Howard responds affirmatively)
MR. BURNS: Mr.. Sumner?
(Juror Sumner responds affirmatively)
MR. BURNS: “Mr. Coulter?
Penny Moser, C5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
36
(Juror Coulter responds affirmatively)
MR. BURNS: Mrs. Hoebing? — pean Foal
_ (Juror Hoebing responds affirmatively)
MR. BURNS: Mrs. Jourdan? | a ee
| (Juror Jourdan responds affirmatively) - a
MR. BURNS: Mrs. Dugan?
(Juror Dugan responds affirmatively)
‘MR. BURNS: Mrs. King?
(Juror King responds affirmatively)
MR. BURNS: In this trial, as I have said before,
witnesses will be called from the witness stand. These people
| being witnesses, they aren't chosen because of who they are; they
are chosen because of the circumstances that surround this case.
The evidence and the testimony which relate to the death of
Charles Keene. Now, that is a new name to you. Charles Keene --
and sometimes in the emphasis of trials it shouldn't, but Charles
Keene is the man -- and you asked me a moment ago, ma'am, are
you saying Keene or King. Its Keene, K-E-E-N-E. In this case
myself and Mr. Baresel and Mr. McConnel if the prospective jurors
ask us questions or try to ask us questions curing a recess ore
a break we are not trying to be stuff-shirted or not trying to”.
be rude, but the rules of court require that we try and refer all
the questions to the Court, to the bailiff or the Judge. Because
during the course of a trial it is impossible for us to
communicate with you outside the courtroom. I hope all of you
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
@
ham
understand this, you. know, whether its this trial or -- my assis—_
tants are doing cases in the other two courtrooms this morning —
also. So we'd have to be very careful in even communicating with
a
~ S
prospective jurors in the courtroom here. So I hope everyone
understands. | When I start to speak to the jury at this time s
I'm talking | to the twelve of you, but I'm actual] ly balbine to’
those prospective jurors who are in the courtroom today too. I
know it is hard to hear for the people in the back of the court-
room, but it will save time later on. And by later on -- do each —
of you understand that there is what is called peremptory challenge
in a criminal trial? Now, a peremptory challenge is that kind of
challenge for which myself and the defense, each side at the time
of trial has nine peremptory challenges. A peremptory challenge
is the kind of challenge which we ask that a juror be excused
for reasons which relate to this case. Now, we looked for.
people who have had some kind of experiences or some type of
background that can relate to the type of evidence that we.
anticipate that you will receive. I hope that -- I want all of
you to understand that if you should be excused for a peremptory |
zs =,
challenge it has nothing to do with you personally. It has nothing
to do with you personally, it has something to do with what we —
feel would be the best juror to perceive evidence in this trial.
The example that I always use is that if I was trying a larceny
of domestic livestock, the old cattle-rustlirg charge, if I'were |
trying that type of case then I would look for Mr. Collins here,
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
a man who is a retired farmer or rancher, someone who has handled
cattle and livestock. If I were doing an embezzelment case I go
would look for somebody who has worked with books and records,
possibly a lady who is in the insurance business or a lady who
worked like in the federal office across the street. That's why
I ask the question of what type of work they do first. ‘So, like
Mr. Hamstead here, he has to work with books and figures. He has
to work with people who are employees and who handle money.
So it is the type of case that relates to the type of juror that -
we're looking for. Do each of you understand this? The questions
that we ask of you, myself ‘and Mr. Baresel and Mr. McConnel,
those questions aren't intended to pry or to go into your personal
lives or your background. Its just merely intended for us to let
us know something about the possibility of you being a prospective
juror in this case. Does everyone understand?
(Jurors respond affirmatively)
MR. BURNS: In the beginning of this trial when we ask
you the -- this is what is called the voir dire. And you get up
in Norman or Oklahoma City and some lawyer who is not from this
area well, they like to say -- again, I'm not trying to mean that
as a slur -- I apologize to Mr. McConnel. He's from the city and
I didn't mean it that way. A lot of times in Oklahoma City the
lawyers say its the voir dire. You know, I've never been able to
pronounce it that way. Its the voir dire to me. And it is a
Latin phrase which means to tell the truth. So each of you, all
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005
(405) 247-3671 .
(@
10
11
®
=
twelve of you at this time, do you realize that you are the
first people who are sworn in this: case and the first people to
actually give testimony in this trial? The judge has sworn the
entire panel, but those people out there who are not in the box
right now, they're not being asked questions and you are, So in
this case xight now going through the questions we ask of you, |
it takes a soul-searching inside ‘each of you. And I hope that
as I ask individual questions that if you're not thinking about
today think about Thursday or Friday in this case when it
concludes. Because it is going to take strong people -- it
takes strong people to sit in criminal jury trials and I'm
looking for twelve strong people. Mr. McConnel, he's looking
|for twelve strong people tooin regards to a fair trial on behalf
of both the defendant and the people of this county and our
state. I'm asking you to perceive on yourself -- I can tell by
looking at you when you're nervous. Mrs, Howard -- everybody,
Your voice wanes a little bit if you haven't been in the |
courtroom before and you haven't been asked questions in front
of a lot of people. Mr. Baresel, Mr. McConnel and I, we
aren't quite that nervous because we've been in here a lot
before. This is not uncommon to us. This is what my job is, to
represent the people of this county. So, I ask these questions
about you being nervous, that is just natural. You're going to
hear -- when a person is excused and there is a seat empty up:
there you're going to hear a little sigh of every juror out
‘@
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there if their name is called or isn't called, Its just like
when your name was called out of the box a few minutes ago.
What I'm saying right now is that I hope you can try to perceive
how the pressure -- right now the pressure is nothing compared
to what its going to be Thursday or Friday in this trial. And :
there will be some evidence and testimony in this case also
which will relate = quite frankly it is a very grusome type of
scene about the evidence of how a man was killed and how he died.
And the evidence of the relationship to the appearance of his
body when he was recovered. For those things to be relevant
there are things that the court will have a chance to rule on
on admissability, But those things will be relevant and the
reason I mention them now fx there any one of the twelve of
you that feel that simply ‘Because a photograph or testimony
might involve vulgarity or it might involve the use of
evidence, the photographs, which show a grusome type of scene.
Is there any of the twelve of you right now that feel like that
"I couldn't look at things like that" or "I don't want to -
hear that type of testimony''?
(Juror Jourdan indicating)
MR. BURNS: Mrs, Jourdan? I appreciate your
directness. Because sometimes those type of things really
confront a person where they don't want to put themselves in
a position of even having to see those things or to listen to
them. Mrs, Jourdan, this evidence and testimony, before a
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juror receives it it has to be ruled on by the Court, The
Court has got to feel that there is probative value which out-
weighs any other reason for admitting it in this court, It
has to be something that relates to why the State is offering
it. The photographs will, in the case of a murder trial show
the death of Charles Keene, one of the things the State would |
offer to introduce in’ this case would be photographs of Mr, 3
Keene. Do you feel that you could not look at those photographs
\matam, in regard to their relevance of this case?
MRS. JOURDAN: I think they would bother me later. I
could probably look at them, but I think they would bother me.
MR. BURNS: I understand that. They tether me too,
jma*am. They bother every person who will be called to this
jury box. And I know that some people are more sensitive than
jothers, I know that. In the thirty to thirty-five murder trials
that I've done I see those photographs too. But I know: there
is a reason for me doing my joh. And as a juror, prospective
juror, there would be a teaeon for you to do your job. Do you
feel that heing of the sensitive nature which you have disclosed
to me, and I appreciate that, but do you feel that that qut-' 7
weighs. your potential to be a fair and just juror in this eS,
Grady County trial?
(inaudible response)
Do you feel like you could not sit as a juror in this trial?
MR. BURNS: Okay, The right part I don't understand.
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JUROR JOURDAN; I feel like I couldn't sit through it.
MR. BURNS: Do you think that the way I've described
what I anticipate being the evidence that you will receive, that
the carry-over effect of some of the evidence would be such oe 3
that ait would make it difficult to receive it now? Is that
correct? - ORL Pay soos es ee
MR, BURNS: And because of that you don't feel that
you could be the most informed juror that could sit in this
trial?
JUROR JOURDAN; That's right,
MR, BURNS ; So what you're really saying is you are
asking me to ask the Court to excuse you for cause at this time,
is that right?
JUROR JOURDAN: -That's right,
MR. BURNS: Judge, we'd ask this juror be excused for
cause. | | |
THE COURT: “I'd Like to ask-a couple questions. ~~
Will you consider all properly admitted evidence, whether its
from the witness stand or an exhibit, should it be a photograph?
JUROR JOURDAN: I don't know what you mean,
THE COURT: You won't exclude it from your mind
merely because it may be somewhat shocking to you? Could you
not consider that evidence at all? ie
JUROR JOURDAN: I think its: from seeing what's there
“JUROR JOURDAN: -- That's right. | | ee eek
~——
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and from the condition that I am in. It would bother me
physically.
| | THE COURT; Would it bother you so much physically
that it would keep you from doing your job?
JUROR JOURDAN : You mean doing my job ... ae
‘THE COURT: To be fair and impartial to Mr. r. Thompson?
JUROR JOURDAN: I'm afraid so. : eon
THE COURT: Mr. McConnel, would you like to inquire?
MR, McCONNEL; | No, Your Honor,
THE COURT; Do you have any objection to her being
excused? |
MR, McCONNEL: No. No objection, Your Honor.
THE COURT: Okay. Again , you request for her to be
ibe unable to be fair and impartial?
MR, BURNS : L think. she ~~ I agree, Your Honor, that
phe is afraid it will effect her physically in this case and
phe could not be fair and impartial. “
THE COURT: All right. I do make that finding that in
pither or both parties that I would allow you to be excused for
tFause. You may step down, They may need you in the other
feourtroom though, 2,
MR, BURNS: May we approach. the bench, Your Honor?
(Whereupon the following record was made at the bench)
excused for cause is that it would so effect her-that she would
ijprder to try the case impartially that it would so prejudice ee
—
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THE COURT: Show the presence of the attorneys for
both sides outside the hearing of the jury.
MR. BURNS: I'd just like for the record to “include> i
Your Honor, that Mrs. Jourdan walks with a cane, a very ae
distinct limitation to her walking, as the Court could observe
a few siomenta when ehe walked out ct think that is what she
pei commenting about, that she is concerned about her own oe
physical health and that with ‘-- as you noticed she was walking
with a heavy walker-cane, and I.would like for the record to_
just reflect that, :
THE COURT: It popears that she would have the
possibility of substantial physical problems with this.
MR. BURNS: “She knows something about her physical
condition that we don't, and I think that is what she was trying
to dinclnss to es. = :
MR. McCONNEL: No objection on behalf of the defendant.
CLERK: Kenneth C, Lewis. L<E-W-I<S, .
‘THE COURT: Do vou know Mr.McConnel or Mr. Thompson?
JUROR LEWIS: No, sir. |
THE COURT: Or any of their family members?
JUROR LEWIS: No, sir,
THE COURT: Mr, Burns or Baresel?
JUROR LEWIS: No. _- oo fe
THE COURT: The District Attorney's Office handling
any matter for you?
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JUROR LEWIS: No.
THE COURT: Are you a defendant or a close relative
on the other side? | : OO ia he
JUROR LEWIS: No. :
THE COURT: Do you know Mr. Charles Keene?
"JUROR LEWIS: © No. :
THE COURT : Ox any member of his family?
JUROR LEWIS: No, sir. |
THE COURT: You've heard the list of witnesses?
JUROR LEWIS: Yes, | |
THE COURT: Do you need me to read them again?
JUROR LEWIS: no.
_ THE COURT:. Do you know any of those people?
JUROR LEWIS: No. |
THE COURT: Have you heard or read anything about the
alleged facts in this case?
| JUROR LEWIS: No.
THE COURT: Have you had any experience you feel might
effect your consideration in this case?
JUROR LEWIS: No.
THE COURT: The State has the burden of proof Beyond
a reasonable doubt. Do you agree with that law? |
JUROR LEWIS; Yes, tlk
THE COURT; And will you hold them to that burden?
JUROR LEWIS: Yes.
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THE COURT: In a case where the law and the evidence
warrant, in a proper case, could you without doing violence to
your conscience agree to a verdict imposing the death penalty? — |
\ JUROR LEWIS: “Yes. | le,
THE COURT: ‘Tell us a little bit about yourself?
JUROR LEWIS: I'm a Master Chief Petty Officer in’ the
U.S. Coast Guard, Married, three children. I live in Tuttle.
I’m a course and exam writer for the health services of the
Coast Guard there at the Coast Guard Institute in Oklahoma City.
THE COURT: [I haven't had anyone from the Coast
Guard in the State of Oklahoma. Your job then is administrative
with regard to instruction?
a JUROR LEWIS: Yes, I write the courses for the
health services.
THE COURT: We don't have any Coast Guard bases in
the State of Oklahoma I take it?
JUROR LEWIS; Well, we do but that is the major one
-_—
-
there at the Will Rogers Air Port,
THE COURT: All right, Mr, Burns, you may inquire.
MR. BURNS: Mr. Lewis, you're the most recent member
to be seated up there in the jury box right now. Could you~ |
hear the questions I was asking the other jurors, the rest of a
the jury box or jury panel? |
JUROR LEWIS: Yes.
MR. BURNS: Okay. I won't go through. all those
| |
questions. again. I'd like. to =~ something I feel like I have to
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bring out in every trial anymore ~~ I've been prosecuting
cases for about nine years, I*ye never tried one from the
"
governments ‘county officers, all types of functions. which
if r ‘ve ever had any contact with a person or people on the jury
panel that have feelings about myself which could carry over.
in this trial. So would each of you agree that the people of
Grady County and our State are entitled to a fair trial based
just upon the evidence and facts of this case? Its not ao
question of whether you like or dislike myself, Mr, Baresel,
or Mr. McConnel. Its a question of what the facts are in this
trial, I know you and Mr. Collins are both from Tuttle, In
regard to being from Tuttle there has been an investigation this
last summer in that community that my office had requested and _
that we worked with, People that are involved sometimes in’
investigations that doesn't mean that they've done anythin
& y 8
has effected that community or any illegality has occured. So.
what I'm saying is that because I request these things and am
sometimes involved in them that it effects a jurors prospective.
of how they'll receive evidence sometimes. Again, not just as
I say in Tuttle. It has been in several other communities in
.
defense side. So in nine years I've come in contact with a lot —
people. | As District Attorney you have -contact with municipal, ae
involve the D. A.'s office, I never know after nine years anymorg
wrong, it means that is what we're checking to see if something .
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Grady Counties. 1 could talk about at least a dozen other |
murder trials that have been conducted here in Grady County
that I've participated in, I don't know if any prospéctive
jurors are friends, relatives, or acquaintances of either ae
~~
am saying. is that under the circumstances you know, And I ask
the twelve jurors in the box at this time and any of the other
prospective jurors who may be seated later on, that should
there be any bias or prejudice because of my occupation and my
job and the cases that we've had in the past, you know, I ask |
you to disclose that to me if you feel you could not be fair
under the circumstances, “Tn a recent trial during this dast-
year here in Grady county the father of a man that I prosecuted
for murder was called to the jury panel, he was called to the
jury box. The family didn’ t commit any crime, but that man’ 3
son was convicted of first degree murder. And that family
didn’ t commit a crime and that man did nothing wrong. But I
prosecuted his son and he sat through a week trial of hearing
testimony and closing arguments in that case, and it — an
ig
really be fair under the circumstances with me coming back in
Of course, I knew him, I knew who he was, But under the cir-
cumstances he disclosed that to the Court and to the defendant
that I've prosecuted ina criminal trial. I don't know: “ALL r
effect on him obviously. So that man didn’ ‘t feel like he could
and him sitting on a murder trial, And he disclosed that to ing
victim of a crime. that I've " prosecuted or of a defendant po
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have just gone through that would permit you from being a fair
‘|Mc. Baresel, We represent the people of our state. And in this
that he didn't feel like he could be fair and impartial, ‘And I
respected him for it then and I still do now, I feel it is
necessary for me to make that kind of statement at the
beginning of this case. Is there anyone right now in ‘the jury
panel that would feel that there are any. outside factors |
involved in this ‘case? ~ Your knowledge of people who are
potential witnesses or anything of that nature that I
and impartial juror? .
(Jurors- respond negatively) -
MR. BURNS; I have-a few questions, and again they.
relate to the burden of proof in this case as I said to you a
\few minutes ago, is on the State of Oklahoma, that is myself and
trial the witnesses who testify from this jury box, those weople
from the jury stand, those people will be called in the
sequence that is chosen in the State's case by Mr, Baresel and
myself. And those people, there will be times << I know there
are a couple of witnesses who are hard to hear because they
don’t speak up loud enough, They're nervous when they come to.
court, too. Its important thoughout this trial that if you don"t
hear something, you don't hear the question that has been asked |
by myself and Mr. McConnel or Mr. Baresel or you don't hear
the response from the witness: that you raise your hand, The
Judge, he pays attention to you all the time I guarentee you,
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And you raise your hand and you tell the Judge "I couldn't hear
the question" or "I couldn't hear the answer" and the Judge will
ask that it he repeated back. So all of you will you ‘tell me
that you "11 do that in this trial? es
Gurors respond affirmatively) panes
MR, BURNS: Also, I've mentioned the name of Charles
Keene. You know, there are two sides to a point in every case.
There is one in which the rights of the defendant, in this case
Mr. Thompson, will be protected here in the courtroom, But I
ask all twelve of you at this time do you not feel that the
victims of crime, that they have rights too? Is there any OF:
the twelve of you who would disagree with that statement?
(Jurors resond negatively)
MR. BURNS: Throughout this trial you're going to
hear the name of William Wayne Thompson repeatedly. When you
hear and think about William Wayne Thompson I'm asking all
-
twelve of you right now, will you think about Charles Keene?
Will you turn the coin over? Because this trial is not just
about William Wayne Thompson. This is a murder trial about the
murder of murder of Charles Keene. Do all of you understand |
that?
(Jurors respond affirmatively)
MR. BURNS: Will all twelve of you think about the _
rights of the victim equally as much. as you think about the
rights of the defendant in this case? Will you do that?
3
®& * 8B BS EF 8S &B BSB
(Jurors respond affirmatively)
MR. BURNS: If you can then you'll be insuring the
people of this county and Mr. Thompson a fair trial, That's all
we're asking. (ats
as
roe I've got some individual quaktions to ask each of you right
now.
I'd like to start Back up with Mrs. King. I talk ‘about 5
IIpeople being hard of hearing sometimes but I'm having : a “real
hard time hearing your responses, Mrs. ‘King, a few minutes ago,
‘{/So, -I try to speak up and talk pretty loud, And the reporter,
she's got to take down everything that you say too, But I did.
understand a while ago that you're a widow, is that correct?
JUROR KING: Yes, | gee oe
MR, BURNS : I also could hear you talk about a number
of grandchildren you had but 1 éouldn' ‘t hear the answer about
| how many children you have?
JUROR KING; Just one, 3
MR, BURNS: Just one child, And you said you ware
retired at this time, What were you retired from, Mrs, King?
JUROR KING: I did domestic work, you know, house
work and things like that, :
YR. BURNS : And have you, Mrs, King, had any previous
jury experience of any kind? ;
JUROR KING; No, I haven't,
MR. BURNS: This: trial is going to last approximately
as Judge told you approximately a week, Thursday or Friday
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sometime we'll complete this case, To me it is very admirable
that the senior citizens of our county and our state who
actually have got a jury exemption that they can claim, most of.
them don't, Because they come forward and do their duty as
citizens, and. t appreciate that; they're some of our best ce
jurors. But there are times that a week long trial that has a
lot of stress to it sometimes a person will say slike Mrs.
Jourdan, she disclosed that she felt that she may havea physical
problem about things through. their entire case. So I don't
know, I am directing this question toward you at this time, Do
you feel that it would cause you any physical problems, health
problems, or anything of that nature to sit through a week long
\lcase, a murder trial like this?
JUROR KING; I don’t think it would cause me any a
physical problems, : |
MR, BURNS: Mrs. King, vou "te sitting in the seat,
what we call the number seven chair. We number them, Mr, |
Baresel and I, the kind of cards we keep right here that we're
going through, we're not keeping records of any of you people.
What we're doing is that the Court Clerk's Office, they produce
a list, a long list, Mrs, Fenimore does, with the names and. |
addresses of every juror, Then we take those and put every.
name on a card with the address on there. If our secretary |
or anybody in our office knows you or knows your wife or husband
or where you're employed, we makes notes on those cards before
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you come in to try and save time. So it gives us -- you know,
we knew Mr. Hamstead owned the Ford Dealership down at Rush
Springs. There are certain people that we knew that work. :
prospective jurors that work in or around ‘the courthouse. That
is what those cards are for. ‘Now, again, Mrs. King, I could
tell you were having a hard time hearing the judge's questions
earlier. You are sitting in what we call the number seven’: *
seat here in the courtroom and you're going to be one of the
{Itwo closest jurors to the prospective witnesses which would
help you hear a little bit. But if you had difficulity, and a-
lot of these witnesses won't speak up as loud as I'm talking
now and they won*t talk as loud as what Judge Winchester was
jtalking to you earlier in the trial. Do you feel -- do you :
have a hearing problem, Mrs. King? Paes
JUROR KING: No, not really, not very bad, ets every
once in a while, you know, if a person is speaking low, —
MR. BURNS: These witnesses, and it is obvious in every
trial that. we've ever had, the witnesses on behalf of the State
of Oklahoma have all been interviewed, either by the law
enforcement officers or by ourselves. I know of two of the 2
witnessea who speak very softly and they're very hard to hear, |
So sometimes Mrs. King in a case like this in which if the :
law and evidence warrants the jury will be asked to consider the
death penalty. Ina case like this missing one word sometimes
in a trial, missing one sentence completely could have an effect
®& F&F 8 B
upon how you perceive the entire testimony of this entire case,
I‘m sure not trying to pick on you, Mrs. King, but its awfully
important not only to yourself and myself, tte tmportane to Mer, =
Thompson here too. Evidence must be perceived entirely, And
I‘ m a tittle bit concerned with. what I've observed here in. “the -
courtroom that you'd he able to pick up everything, 1 Do you - eo
think that you can? : |
JUROR KING: I think I can, but now if you think I
can't... % |
MR. BURNS: Well, Mrs. King, its not what I think that
counts. Its what you think. And in a case ~-- right now what
I'm saying is if it gets down to hearing some very important
jitestimony during the course of this trial and there is a part
that you miss, it could have a great bearing upon how you would
eventually vote in that jury room one way or the other. ‘So |
all I'm asking you to do is you tell me if there is a questton
in your mind or a doubt about the way that you could physically
hear all the evidence it could effect you being one of the
best jurors in this case.
feel now is that I could hear. | |
MR. BURNS: Mrs. King, I've noticed that I'm standing
here pretty close to you and I 'm talking pretty loud ae
THE COURT: Gentlemen, would you approach the bench,
Whereupon, the following record was made at the bench)
Dia
sor:
JUROR KING: Well, I feel that I could, The way I
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THE COURT: Show that we're having a side~-bar
conference with all attorneys present. I've allowed you to ask
the question three times and she has answered that she thinks
MR. BURNS: Your Honor, I'd ask the Court to consider
excusing Mrs. King for cause at this time because of a hearing
impairment. I think it is very obvious to the Court, even |
in the Court's initial voir dire, that Mrs. King has a hearing
impairment or difficulty. I'm standing in front of her talking
loud so she could hear. In a few more seconds I'm going to
ask her a question by standing back and talking in a normal
\lvoice. Preceiving testimony and hearing it in a trial like
this is just crucial to everyone involved. I think it is very
apparent that she has a hearing difficulty.
THE COURT: ‘She appears to me as if she can hear the
questions. I agree that I have amplification but she has of
assured me that, along with the others, that she will raise her
hand if she can't.
.
x»
as follows) 2 |
THE COURT: Mrs. King, if curing the course of the
trial if you are selected as a juror anc you have a question
just as the others, that you can't hear; just raise your hand
and I'll ask them to repeat it.
she can hear, I'll ask you to go on with your questions of © YS
voir dire. | eee 3 . Zee RD
—
4
>
Ae"
(Record at the bench completed, proceedings resumed ~~
+
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25
MR. BURNS: Mrs. King, could you hear the Judge @ moment
ago? | | | ae
JUROR KING: Yes.
MR. BURNS: — Okay. How long have you lived here. in the:
county, Mrs. King?
JUROR KING: Since 1919, ee eee
MR. BURNS: And what does your son do? *
JUROR KING: Teaches at the college in Tallahassee,
Florida. 2 es os | ene es —
MR. BURNS: “Where at, ma'am?
JUROR KING: Tallahassee, Florida.
MR. BURNS: And how many grandchildren do you have?
JUROR KING: Four. ee
MR. BURNS: You told me _ had not had previous jury
service, is that correct?” | ig
JUROR KING: yes:
MR. BURNS: Have you heard anything about this case,
Mrs. King? | ) |
JUROR KING: No, I haven't. _ re rd
> ‘ te to
¥ ‘ Fe. = 2¥
MR. BURNS: Have you discussed this case with any person
B2 -
or has any person attempted to discuss this case with you?
JUROR KING: No.
+ oe
MR. BURNS: So right now you can say -- and again I
don't mean that a person has a mind that is a clean slate, but
your mind right now is such that you could receive all the evidence
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
- ANADARKO. OKLAHOMA 73005
(405) 247-3671
in this trial from the beginning and like putting it down in your
-
own blackboard in your own mind, you can do that?
iS; *
JUROR KING: Right. | oS
) oe! Asie Se
MR. BURNS: You don't have any writing on thet. ‘plackboard
re =.
see we ee ;
Cee tant <>
bs #
that would interfere with what you are to receive in this
courtroom?
JUROR KING: Yes. :
MR. BURNS: You told the judge earlier that you do no
ss
know Mr. Thompson or know of him or anything of his family, is
that correct?
JUROR KING: That. Ss right.
MR. BURNS: Do you know of any reason, Mrs. King, why
bm
you could not be a fair and impartial juror in this trial?
And, again, the reason I ask you that question so broadly is that
sometimes people have religious convictions, sometimes people have
had experiences in their lifetime which would interfere with their
deliberations in a trial. We've had people who for example a
lady in.a last recent trial, her mother was the victim of a murder
several years before. It had nothing to do with the case that she
ai tees
=P aoe te
was going to sit in but because of that experience something in. ws
y AE 3
her background that only she knew, she got in that jury box and.
she felt like she couldn't be fair and impartial to both sides.
So I'm explaining that to you but I'm really talking to all the
jurors. There are things, when I ask that question so broadly,
there are things in which men for example have had military
Penny Moser, C.S.A.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 —
(405) 247-3671
24
25
experience, and some ladies too. That they have been in some -
situation that they don't want to relive any part of it. So it is
only things that you know, ma'am. Is there anything that is”
only known to -you that would prohibit you from being a‘ fair and?
~ *
impartial juror in this trial? .
“JUROR KING: No, I don't Ace of anything. .
MR. BURNS: So you're telling me at this point that if
you are chosen as a juror that you can give Mr. Thompson a fair |
trial, William Wayne Thompson, and you oan give the people of
Grady County a fair trial? |
JUROR KING: | Would you repeat your question again?
MR. BURNS: You're saying that right now if you are
chosen as a juror that you can give both sides -- the defendant,
William Wayne Thompson, and the people of Grady County State of
Oklahoma, you can give both sides a fair trial? |
‘JUROR KING: Well, I guess I could.
MR. BURNS: I'm sure not trying to be rude, Mrs. King,
but I'll ask some of these same kinds of questions to these other
jurors in a few minutes, but "I guess I could" is not really in |
a trial, ma'am, in a criminal trial -- we're talking about either
Charles Keene is already dead. We're talking about either a life
sentence or a death penalty sentence for Wayne Thompson. So if
you know right now in your heart and in your mind that you can be
fair to both sides that's all I'm asking. Can you be fair to
both sides? |
Penny Moser, C.5.R.
_, OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
| r
JUROR KING: Yes. . 2 ae ee
| MR. ERS 3 If the evidence proves to your satisfaction
so
beyond a reasonable doubt that William Wayne Theme 708 is. haeeeds
guilty. Is that ean” ma ‘am?
SuROR KING: Yes. i
MR. BURNS: But if that evidence is not sufficient to
prove his guilt in your mind then you can vote him not guilty. You
can do that. That's only right, isn't it? =
‘JUROR KING: Yes. cs | |
MR.. BURNS: You know, Mrs. King, and again all the
pronsestive qurora*that no matter how you vote in this trial or
how it comes out, you don't have to explain your vote to anybody
ever. Myself, Judge, Courts, neighbors, other jurors, anybody.
You all understand that we tespect your independence as jurors
when you come into this jury shor. You don't have to have any
pressure or any worry about that somebody is going to ask ace
how or what you did. Its nobody's business but yours. It will
be obvious enough when the verdict comes back. Do all of you, :
ca
| understand that? % sae
(Jurors respond affirmatively) rep TON ae
MR. BURNS: Mrs. King, how old is your son now?
JUROR KING: Fifty-nine.
MR. BURNS: I know that people -- the reason I ask about
age, Mrs. King, that it is pretty obvious that the defendant in
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
<®
this trial, Wayne Thompson, you know, he's a young man. Right now
Mr. Thompson is sixteen years old. At the time, you know, of
= ye
Le =e
January 23rd, (1983 and January 22nd, that's the two days really
that would be relevant to the time of the death of Charles Keene.
This defendant was. just about ‘to turn sixteen even though he was
ae
fifteen years old at that time. He has turned sixteen since . the cs
death of Mr. Keene. So the age of Mr. Thompson is something i
I wanted to ask each of you about initially in voir dire, if its
going to have a bearing-- there is something I believe the Court
will instruct you at the end of this trial, the Court will instruct
you that you can take into consideration Mr. Thompson's age. — But
I'm going to ask you right now that if his age and his youth is
something that is going to overwhelm you to the degree where you
could not perceive the rest of the testimony and act as though
you were -- if Mr. Thompson over here was a sixty year old man, if
he was a twenty-two year old man, irregardless of what the age is
-_——
in relation to facts. Is his age, his youth, going to be an
overwhelming factor to any of the twelve of you in the box at this
time? of ee
| JUROR LEWIS: I don't know if it would on my part |
or not. I've got three kids, teenagers, myself. | :
MR. BURNS: So you know exactly where I'm coming from _
then. You've got three kids and I am getting ready to “ask you a
their ages. That's why I asked Mrs. King the age of her son.
- JUROR LEWIS: I've got one son ten, one sixteen and one
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
25
thirteen. I'm sure it would go through my mind, but I don’ t know
a=
ah, Jd .
what that would mean. . _ ger
MR. BURNS: I'm glad you made the disclosure... I'll wait
: BS Ss *4 ss 4 |
a little while and ask you some questions and let 798 think about
Le = “ =
OS aes
ita little, too. ' I've asked the questions of all of you and
sometimes that's why we ask questions very broadly, = Because it
gives you time while I'm talking to Mrs. King, Mr. Lewis, -- it
gives you time to think about how you're going to answer the
questions. And only you know what is going through your mind
right now. I know what is going to go through your mind in the
next’ few days. I know what's going to go through your mind
. Thursday and Friday -- I've got an idea anyway what is going to
go through your mind and the kind of pressure you're going to see.
I'm asking you to think right now about your objectivity in regard
to Mr. Thompson’ S age if its going to be something that is going
to interfere with your deliberation in this case.
Is it Duggan?
JUROR DUGGAN: Duggan.
MR. BURNS: Mrs. Duggan, how long have you lived here in
Grady County? ons |
JUROR DUGGAN: About since 1970.
ay aL; Tae |
pipe, te alate
hae MOK ak SOA,
1
MR. BURNS: And where did you live prior to that? e.
_JUROR DUGGAN: At Cement.
MR. BURNS: So you've been -- you're just right across
the line from Caddo County?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
©
JUROR DUGGAN: Yes.
MR. BURNS: Ma'am, have you had any prior jury experience
JUROR DUGGAN: No, I have not. pecs
MR. BURNS: You. say your husband has been a pumper in.
~ Pa
the oil field? _ = a | a eae
| "JUROR DUGGAN: Yes, sir, he worked chirty-one eats for
Champlin Oil. : eee ,
MR. BURNS: You know, I was raised over in Apache so
that wasn't vey far. that's where I grew up. My father and I ~-
still farm and ranch some over there. Cement is not very far over
there.
- JUROR DUGGAN: That's right.
MR. BURNS: Old arch rival in basketball.
JUROR DUGGAN: That's right.
MR. BURNS: Ma'am, have you read or heard anything about
this case?
JUROR DUGGAN: No, I have not. Bic
MR. BURNS: Right now you too can perceive this evidence
that will be presented in this trial for the first time?
4
<7
ae
>
oe
<a
es 5
JUROR DUGGAN: Yes, sir. SAS
MR. BURNS: If the evidence proves to your satisfaction
e- FSh
rar
is what you'll base your decision on based upon the law that
Judge Winchester gives you, is that correct?
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA -73005
(405) 247-3671
is
beyond a reasonable doubt that -- and evidence will be that which |
the witnesses will give you from the witness stand. That evidence
24
25
i
|
| JUROR DUGGAN: Yes, sir.
MR. BURNS: ‘You know, one of the -- you know, I keep
repeating that. long phrase that the evidence must prove to. your.
a"
satisfaction beyond: a reasonable doubt? That's the way attorneys
| standpoint sad the defense, too we've got to show our degree of
nearly as -- it doesn't have to be near as strong. Its what is
called a preponderance of the evidence. In a criminal trial its
the strongest degree of proof that there is. It must be proven.
beyond a reasonable doubt - You know, I agree with that and we
> oo
don’t shirk that burden whatsoever. We can not class or gefine
for you, Mrs. Duggan, or for any of the other jurors what beyond
a reasonable doubt means: Its against the rules of this court.
Not just this court, I'm talking about the laws of hic land. You
know, as far as we can go in even commenting upon that phrase of
beyond a reasonable doubt is to say that beyond a reasonable
that, ma’‘am?
3.5%
have to see something yourself, would you not?
JUROR DUGGAN: I would.
. MR. BURNS: So, to see something yourself you would
Penny Maser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 .
*
ll have got to phrase. that qtiéstion.: That ' s the way from the State
proof in this trial. It is the highest proof required in any type
of court in our land. In a civil trial the degree of. proof is not
~
doubt does not mean a total absense of doubt. Do you understand ~
JUROR DUGGAN: Yes, sir. “gat ae
MR. BURNS: To have a total absense of doubt you would »
ae
become a prospective witness rather than a prospective juror, do
ie é
you understand?
JUROR DUGGAN: Yes, Sit I do.
ae
MR. BURNS: You, know, sometimes somebody will raise
ae earn
nae
sh
their hand and they' 11 say, "yes, rT’ m from Missouri, the SEigh
State. " You know, that ie 3 impossible in these types of ‘eases
if the Show-Me State -- if you saw it then you would be a witness
and not a juror. I hope that all of you can perceive it from |
that standpoint. :
Have you had any experiences in your lifetime, ma'am, that
|| would prevent you from being a fair and impartial juror in this
case? . | :
| JUROR DUGGAN: No, I haven't. deg tee
MR.BURNS: You can ook at Wayne Thompson right now
and know that the law says “that Mr. Thompson is not guilty?
JUROR DUGGAN: “Sir, repeat that again.
MR. BURNS: Right now you know the law says that Wayne
Thompson is not guilty.
JUROR DUGGAN: Oh, yes, yes, sir.
MR. BURNS: ‘That’ s the way it should be?
JUROR DUGGAN: Yes, sir, I understand. 3
MR. BURNS: During this trial he has a cloak of
innocence about him. That's what the law says, a cloak or a
shield of innocence. At the end of this trial you'll be able to
tell after you've received the evidence from witnesses, then you
Penny Moser, C.5.R.
_ OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
will be able to tell whether or not that cloak or that shield.
r
saidiod
~
of innocence still covers him? : a ay hgh
JUROR DUGGAN: That's right. oe fe
MR. BURNS: Or it covers him to the degree that you feel
he should be found not guilty. | a i
- JUROR DUGGAN: Yes, sir. :
MR. BURNS: If that cloak is removed sufficiently and
that shield of innocence is removed by witnesses and by testimony
at the end of this trial if the evidence proves to your satisfac-_
tion that Mr. Thompson, that he was one of the parties that
committed this crime, and proves it to your satisfaction beyond a ~
| reasonable doubt, are you telling me that you can and you will
vote him guilty? :
_ JUROR DUGGAN: Yes, sir.
MR. BURNS: You understand that there are four datendwats
who have been charged with the murder of Charles Keene and that
this is only the trial of Wayne Thompson, do you understand that,
ma'am?
“wig
MR. BURNS: That the subsequent trials to be held for —
JUROR DUGGAN: Yes.
the other defendants and their proceedings are totally a they're
to be taken out of your mind. There are legal reasons and eae
ruling that the counsel and the Court have had to consider for
months. Each person receives a separate trial in this case, do
you understand?
Penny Moser, 0€.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
@
23
24
||weren’ t-all pues Ant. them in there ‘at once"
~
JUROR DUGGAN: Yes, sir.
MR. BURNS: Those legal reasons and things have nothing,
Sts oc a
Ley
to do with this case, this is just Wayne Thompson's trial? 7 Be.
a
A ge
rt ay
JUROR DUGGAN: iz understand that.
pre
MR. ‘BURNS: ‘There are times when people say "well, “why. =
Well, there are legal
reasons and it is something that you don't have to consider. ~
JUROR DUGGAN: Yes, sir.
MR. BURNS: Thank you, Mrs. Duggan.
_THE COURT : We’ 11 take the noon recess. Ladies and
gentlemen of the jury, you are not to converse among yourselves © or
with anyone else in any subject connected with the trial, or to
form: or express any opinion thereof until the case is “finally
submitted to you. If anyone attempts to speak with you about the
case please advise my bailiff or myself. Court will be in recess
and we'll start about one o'clock then.
(Recess was taken and proceedings resumed as follaws)
THE COURT: Show the presence of the jury in the box
after the noon recess, presence of the State and the defendant.
and his attorney. Mr. Burns, you may proceed.
“MR. BURNS: Ladies and gentlemen, I'll try to speed
this up a little bit to go as fast as we can. One thing I forgot
to ask you about or to mention to you earlier this morning.
There is a piece of paper in this case that is called an Infor-
mation.. That's really all it is is a piece of paper. Its a
Penny Moser, CSA.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
‘@
formal way of. setting out a charge against a defendant; ‘in this”
case, of bringing him into court. It endorses the names of *.
‘ ft so:
witnesses that the State anticipates to call during this trial.
aS eee “
So the fact that there is a piece of paper. filed, ‘its not. any:
eet See =
evidence. It will be read to you, it is required by the ‘court _
. es. ahs
-
as one of the legal requirements to read it to you at the beginning
of the State's case. But, an information is only a legal
proceedure of bringing a defendant into court. I hope each of you
understand that. What's important in this case and what I'm
asking that all of you do understand will be that not the fact
that the defendant is charged, as I said he's not guilty right
now, its the facts and evidence you receive from the witnesses
from the witness stand. That's what you base your decision on
and that evidence, applied to law that Judge Winchester gives you, .
will each of you agree to do that? ,
{Jurors respond affirmatively)
MR. BURNS: Mr. Lewis, you've kind of had the Lunch hour
to think about the question about the age question that I asked =
before. I anticipate at the end of this trial that the Judge is”
going to give you an instruction that says that you are not to
allow sympathy, sentiment, or prejudice to enter into your
deliberation. You know, on either side. That doesn't mean
sympathy, sentiment or prejudice go for or against Charles Keene,
the man that was murdered. Or, sympathy, sentiment or prejudice
as toward the defendant in this case, Wayne Thompson. So, in
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
/ CADDO COUNTY COURTHOUSE ©
ANADARKO, OKLAHOMA 73008
(408) 247-3671
‘@
regard to that general instruction, no matter how the Courts can
instruct, it is what: s in somebody's heart and what's in their mind
that is really going to count. We always ask jurors in cases rma
Oa et
how many. kids they have and what their family consists of, because
sates eet Ss
it relates sometimes when persons transfer mentally. You ee
person who has a H twenty. nine year old or a thirty year old ‘son | “
could be transferred very easily to Charles Keene, the man that
was murdered. So those kind of transfers is something we try to
set aside or take out right now in the voir dire. I'm asking ,
you, Mr. Lewis, pan you set that aside, the fact that you have
children the same age as the defendant in this case, can you base
your verdict on the evidence you receive and return that verdict
based on the evidence?
JUROR LEWIS: Yes.
MR. BURNS: I appreciate that. I know its hard to do
sometimes. Have you had any previous jury experience?
JUROR LEWIS: No. | . mat
MR. BURNS: Have you read or heard anything about what
is supposed to be the facts in this case?
JUROR LEWIS: No. Z toi
MR. BURNS: You've been in the Coast Guard, have you
had any experiences, you know, with any of your time in the |—
° ve
“ Tv:
_*
military -- there are experiences which people have had in their
lifetime that only they know about which could effect how they
perceive evidence or how they feel inside. Sometimes when we're
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER |
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
‘ (403) 247-3671 .
@
talking about the death of another human being, and there are |
some people who can just wall it out mentally. They have to. In
this case is there anything only known to you that would effect :
you from being a fair and impar tiet juror in this trial?
3 Cope Gor ae
MR. LEWIS: No. : | SE Es ee
“MR. BURNS: If you're chosen you are telling me that _
you can give both sides, the people of this county and this
defendant, a fair trial?
“MR. LEWIS: Yes, sir.
MR. BURNS: Thank you. Ma'am, how long have you lived
in Grady County?
MR. LEWIS: Oh, -fifty- six years.
MR. BURNS: You know, I've known a long time ago ‘to not
ever ask men or women either one their ages. But we can ask
how long they've lived in the county. Have you had any previous
jury service?
JUROR HOEBING: Couple times. | eck:
MR. BURNS: Approximately how long ago, ma'am?
JUROR HOEBING: Oh, I think a couple of years the last_
a im
sO 5== .
time.
MR. BURNS: I ask that question because you know in
the nine years I've been around courthouses and trials I know
there are times. when jurors can-- you know, they generally : see
alike. But in a criminal trial like this one you understand that
at has to be a unanimous verdict, do you understand that? All
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
_ ANADARKO, OKLAHOMA 73005
(408) 247-3671
—_— ——— Sy
twelve people that get to vote in this trial have got to vote the
same way. They '\ ve all got | to vote guilty to find this defendant,
taal
(Ber ® aa
Mr. Thompson, guilty. It. can't. be eleven to one or ten to two.
is ee :
ns
Yi
If you're going to find Mr. Thompson guilty it takes a ‘unanimot
: ae - ee a ae:
verdict. That is the criminal law. Do you understand that, “ma! am?
Pee i 7
gee ad a: ¢
Sa ee
JUROR HOEBING: Yes.
MR.. BURNS: From past experiences of being a previous
juror were you called to the jury panel like the Jurors sitting
here or were you actually sitting to deliberate in a case?
| JUROR HOEBING: I was called.
MR. BURNS: So._you actually deliberated in a case. ABS.
.there anything about that experience -- you know, I've seen some
jurors who think this is the greatest experience in the world
and some jurors feel like the pressure in that jury room or ‘that
shaving to make those kinds of decisions are something that they |
don’t want to experience again. Is there anything about your
_—_—_—
experience that would prevent you from accepting that responsib-
ility once more?
JUROR HOEBING; No. es Sa
Per BRA ip es s Se +
MR. BURNS: You're telling me that should you ‘be called
a =e
to sit as a juror in this case that you can receive all the me
=e
s
ef,
testimony from the witness stand and you can follow all the law *
that Judge Winchester gives you?
JUROR HOEBING: Yes,sir.
“MR. BURNS: ‘Do you know anything about what is supposed
Penny Moser, (.5.R.
. OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
_- ANADARKO, OKLAHOMA 73008
+ (405) 247-3671
‘@
to be the facts or evidence in this trial?
JUROR HOEBING: No, I sure don't. I've been rdeking my
bein and if I read it in the paper -- I don't think I did. as
: a = i
ie ots
a
don’ t remember anything about it.
MR. BURNS: The murder of Charles Keene occured in. ‘the
7 | a
early morning hours of January 23, that is almost a year ago, ten
months ago. His body was actually discovered on February the
18th. Again, it has been a long time period since the body was
discovered, charges were filed, and all the preliminary proceeding
and things of this case coming to trial. In this case today are
you saying you don't have any adequate recollection of anything ~
| to interfere with your verdict in this trial?
JUROR HOEBING: I sure don't. I can't recall any of it
you know, if I did read about it. And I probably did. ot take
the paper. | 7 } | 7 |
MR. BURNS: The judge has asked the question in relation
to persons with knowledge or contact with the defendant, Wayne
Thompson, or his family. I think all of you have pretty well
disclosed that contact. There is one thing I don't want’ to go
o> Say
into in great detail, but there are three other defendants in the
=
case. The three other defendants in the case -- again, I'll just
give you théir names, but my question is going to relate to
whether or not any of you have had any contact with any of their
families or any of their relatives. The other people charged in
the case were Bobby Joe Glass, Anthony James Mann and Richard
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE |
ANADARKO, OKLAHOMA 73008 |
(408) 247-3671 _ |
@
pie
78
Jones. Those three men, in _ addition to William Wayne Thompson, ;
were charged with this crime of First Degree Murder for the death
of Charles Keene. Do you understand that, ma'am? ee
" JUROR HOEBING: Yes. ee
MR. BURNS: Have any of the twelve of you had any close
relationship o: or association with any of those family menbers ‘pF *:
the other three men that I named for you? | |
(Jurors respond negatively)
MR. BURNS: Well, we're getting off pretty lucky today
in regard to- people <= lack of contact with those people. Do you
|| know of anything, ma'am, experiences that you've had in your
lifetime chat. would prevent you from being a fair and impartial
juror in this case?
JUROR HOEBING. No. | eee:
MR. BURNS: Do_you know that the burden of proof is
that the State prove it beyond a reasonable doubt. But that does
not mean a total absence of doubt. That's all I can say. You
understand that, don't you?
oa ae,
S51 ae a ¢ ‘ : ,
Ta — ey ®:
MR. BURNS: Mr. Coulter, I'm kind of bad on names but I
remember faces. And somewhere or another I've met you and this.
morning I was trying to remember. For one thing you, Look like my
father, you and him resemble each other quite a bit. He' Ss older
than you are, but you resemble quite a bit and that may be why I
feel like’ I've met you someplace. Have you ever met me before?
| Penny Moser, 0.5...
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73008
(aos) 247-3673
pow ae
actually tried? . | : ve ‘ : gle oS ee
_ JUROR COULTER: Here in the courtrrom.
MR. BURNS: So you were on the jury panel? ~ ars
TUROR COULTERS Ye. 2; of Nees
MR. BURNS: You didn't actually sit on a case that I.
JUROR COULTER: No, sir.
MR. BURNS : Have you had any jury experience where you
actually deliberated in the jury room?
JUROR COULTER: No.
MR. BURNS: Is there anything about that experience
from what you sit through, if you were back there in the panel or
| you were called to the box, whichever it was ...
JUROR COULTER: a was called to the box. oak
MR. BURNS: Okay. Is there anything about that exper-
ience, going through that trial or what you've heard on that
voir dire that you can't sit aside today and start as a new trial
and perceive this case only from the evidence you received in this
courtroom at this time?
JUROR COULTER: No.
MR. BURNS: There is nothing about that experience
that influences you one way or the other, is that correct?
JUROR COULTER: That's right. ae |
MR. BURNS: I just caught myself -- lawyers are bad
about making their sentences too long and about talking too fast
and I know I talk to fast because reporters kid me about it all
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
PF es.)
(@
AE,
24
25
M iz | Ps
the time. So I work on it and I try not to make what they call
compound questions where they ask you two or three Shoeeherenie at «
JUROR COULTER: = Three boys.
ae ne =s,
* SEL
tion— * pe . SRE Se 2a
JUROR HOEBING: “Two boys.
grown children and had their own families, is that correct?
JUROR COULTER: “one is still single:
Lagain, all of you have had an opportunity to think about it and I
a little more detail with Mr. Lewis about, the question of age.
Age of the defendant. You know, this is an area I need to
confront with you right now because its something that yo need
to think about right now at the beginning of the trial as well as
the end of this trial. So, the age of this defendant, do Jon. fee
it has. any bearing upon whether or not he is guilty of 3 not guilty
of the crime? It may have a bearing upon how you perceive or “wha
or how the court instructs you about what you can consider as
or not guilty of this crime his age is totally inmaterial-
that correct?
' JUROR COULTER: Yes.
Penny Moser, CSR. .
OFFICIAL COURT REPORTER
“ CADDO COUNTY COURTHOUSE ,
Kat ANADARKO, OKLAHOMA 73005
°- 4405) 247-3671 _
one time. Mr. Coulter, what does your family consist ‘of? ee
MR. ‘BURNS: Mrs- ‘Hoebing, I Forgot. to eek k you that ques
MR. BURNS: And both of you I recall saying they were
MR. BURNS: Is there anything about the questions that--
am not going to repeat it to everybody but its the one I went into
85°.
—o
1
C
2:
° a ie! ASS we.
punishment. But as to whether or not he is guilty of this crime
_evidence as it relates to this defendant and his rights, Mr.
MR. BURNS: Do you believe in the laws of the State of <2
Oklahoma, Mr. Coulter? ae | ARS Aas
JUROR COULTER: Ye Yes, sir. at ke
*MR. ‘BURNS: Do you believe those laws should ‘be ‘enforced?
| JUROR COULTER: “Yes, sir. aes | mre |
= MR. BURNS: Do you believe those laws should be enforced
on? the rights of a victim on a crime as well as they should be :
enforced as to the rights of this defendant in this trial?
: JUROR COULTER: ~ “Yes, sir. :
MR. BURNS: That’ s both sides of that coin. _ Are you
telling me that you "11 think of -- when you hear the testimony fad
Thompson, you'ii turn that coin over and think about the rights
as the testimony relates to the victim, Charles Keene? _
JUROR COULTER: Yes, sir.
MR. BURNS: Have you had any experiences in your life-
—)
j
i
time, sir, that only you are aware of, that would prevent you from
being a fair and impartial juror in thisi trial?
JUROR COULTER: No, sir. faetieak et
ef.
MR. BURNS: I ask the one question -- again the Judge
asked it and as you noticed Judge Winchester had to ask the =
question very specifically and he asked it the very same way ‘to. :
oo 3.
a:
each one of you in relationship to whether or not after you 've
received all the facts and evidence in this case, in a proper case,
could you consider the death penalty. And your response to that,
Penny Moser, C.5.R.
- OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005.
¥ : . <. te '. (405) 247-3671
1@
24
25
sir, was that you could consider the death penalty. Is that ‘
ae ~y
- V3,
correct? | €
JUROR COULTER: Yes, sir. ae 3 =
recall re I looked at my cards, I try to glance down and see how |
ta
many kids you have and see the question you answered to Judge
Winchester. I'm like everybody else, you know, I forget things
too. You said you were a housewife and you were previously
employed as a Federal Employee across the street here at the
Federal Building. What office and what did you do?
JUROR HOWARD: I was employed through the 0.S.U.
.Extension, they paid my check. : wel
MR. BURNS: And you have two children, eight years and
seven months old? That's what I was really trying to xémember is
how old your kids were. I knew one was very small esa dot of
times mothers have a problem about being concerned with their
children while they're in court. As the judge has told you he
anticipates this will last until Thursday or Friday, again, we're
only estimating but that is the best we can do. But in this trial
now -- you say you have a babysitter to care for your children?
JUROR HOWARD: Yes, sir, and she is a good babysitter.
MR. BURNS: The Court is always very considerate of |
the weather and the juror and trying to get back and forth to
court. Judge Winchester pays attention to things like that, so
there are’ times when it gets bad and we're here that a person's
Penny Moser, C.S.B.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005
(40S) 247-3671
mind might get distracted about getting home and things of phat *
*
eS #2
nature. Again, taking into consideration the Court pay attention
to those kinds of problems, can you sit aside any concern you . |
= wah. wi:
might have about the care ona your. children in the daytine and
4 mae oe 9
devote your full time to. ‘the testimony and evidence you will
receive in this ‘case? & 5 fs
| JUROR HOWARD: Yes, sir.
“MR. BURNS: Your husband is an auctioneer for the
Oklahoma Auction Center?
JUROR HOWARD: Yes, sir.
MR. BURNS: How long have y'all lived here in the county:
"JUROR HOWARD: _I've lived here all my life, twenty-
nine years. |
MR. BURNS: All right. I notice my card I have shows
you at Route 2, but the police officers that you knew, all of |
them were from the north end of the county. You knew the Sheriff,
—
you knew Terry Cunningham, and you knew Randy. So I'm assuming
you lived somewhere in the north end of the county?
JUROR HOWARD: No, we live south. The way I knew ‘then
* ee we.
, > eS
is because they've called my husband and his horses a Few times es
to go down the railroad track or - - my husband knows Randy
Jackson and I know Ron Taylor from the Cattlemen's Association
and stuff like that. ~ ;
MR. BURNS: Mrs. Howard, you understand that should
these people -- the fact that they're endorsed as witnesses, part
peop y P
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
‘ANADARKO, OKLAHOMA 73005
' | (405) 247-3671
Instruction that they weight and credit that you give to the
|.cestimony of every witness, that's up to you jurors. Its the
-
of them may testify and part of them may not. But the fact that
should they testify in this trial, would you take their testimony
> st pd
only in that of witnesses on the witness stand, not the badge
ed
ate
they wear or the ‘uniform they wear. They come into court, ‘and they
eis ek Re z
take the oath like suerybody else does. ‘They swear to Fell the -
s Nea
meee in ek a
Ne a
truth, the whole truth, and nothing but the truth: Can you a,
receive that testimony as a witness and not as an ie
outside of court?
JUROR HOWARD: Yes, sir.
MR. BURNS: “You know, the Court can give you and
provence of the jury to weigh that testimony. The Court will pave
you the law, but as to what testimony you believe and what
testimony -- what weight you give to it, only the jury must decide
that. So in this case you'd weigh the testimony of each person
as to how you want to receive that testimony? ape
JUROR HOWARD: Yes, sir.
MR. BURNS: Have you had any previous jury experience?
JUROR HOWARD: My address has been changed, its Route 5
. ag ee ae
now instead of Route 2. S
a
MR. BURNS: Glenda always provides a pretty accurate me
list but sometimes if you move -- the address she gets comes off
the voter registration cards. JI think that's all the questions I
have to ask you, ma'am. Other than the fact that you can see Mr
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005
(403) 247-3671
24
25
Thompson right now and you know he's not guilty right 1 now. And
that’ s the way it ‘should be, is that ‘right?
s JUROR HOWARD: Right. — Pe re ea
we eae
MR. BURNS: At ‘the end pe: this trial you" "re going ptor
weigh that testimony from this witness ‘stand as to whether or not
he’ “% pulity: or not. Ses a oe os as
— JUROR HOWARD: ‘Yes, sir.
MR.. BURNS: Can you answer ‘the question as ‘Mr. Coulter —
did a few 1 moment s ago with regard to age and Mr. Thompson?
Whether a person is sixteen years old or sixty years old it
doesn’t make any difference as to whether or not they committed
-~the crime. As to what you do with people that's for the jury
to decide. But as to their guilt or innocence, they did or
didn’t do it, their age is immaterial, is that correct?
JUROR HOWARD: Yes, sir.
MR. BURNS: Thank you. Mr. Sumner, I know you said you
were retired from Public Service, is that correct? |
? JUROR SUMNER: Yes, sir. |
MR. BURNS: How long did you work at Public Service?
JUROR SUMNER: Thirty-five years. |
MR. BURNS: Have you always lived here in Grady County
or where? es .
JUROR SUMER: I've been here about forty-six years.
MR. BURNS: That’ s long enough. You know, sometimes
again I use the example -- I don't ever mean to hurt anybody's
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 .
eae!
ie ee
dg ee
feelings. But’ I- ask a person how long they've lived in the: gounty
because usually when you've lived in the county a while you pick
eo =
up the values and the norms of the popmunicy. in which - “you, ive.
I know that some of the people that live in California, some oF
the people that live in California “= mot all of them, ‘but some
of them have a much more liberal view point of Marijuana and thin;
‘of that nature than those of us who live here in Oklahoma, at
least in the rural parts of Oklahoma. So the question about |
how long you've lived in“the county, it’s not just me asking
questions, there's a reason behind it; to see what person's --
their attachment to the ‘community and what their values are.
I noticed that you earlier disclosed that you may have heard some -
thing about this case, is that correct?
JUROR SUMNER: Yes, that's correct.
MR. BURNS: Have you formulated any type opinion about
this case? | : =
JUROR SUMNER: No, sir.
MR. BURNS: Again, I'm going to ask you what you read
and what you heard. I don’ t want to know what those things were
but can you tell me who you heard it from or where you read those
things at? > | Pika
MR. McCONNEL: Your Honor, can we approach the bench?
THE COURT: Yes.
(Whereupon the following proceedings were had at the
bench. )
Penny Moser, 0.5.R. |
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(ane\ 249 se.
@
ot
MR. McCONNEL: _ At this time I'm going to object to this
line of questioning on voir dire for the reason the same was
covered at the bench in the morning session. I feel that to 0.
back through these matters with full voice in open court before
£>
the cther jurors would be prejudicial. He might slip and say"
something. eo" ae
THE COURT: Is there any reason that you need to go any
further with that?
MR. PURNS: lL want to know what his sources were, then I
will try to evaluate what I think about it. That's what I was
trying to look for, if it was newspaper or friends.
THE COURT: I have ruled that he can be fair and
impartial.
MR. BURNS: Yes. I want to know what his sources were
as opposed as to what he heard or anything like that,
THE COURT: Okay. Let's be sure we stay with that.
Overruled. Go ahead. © | i; i> See
o
(Record at the bench was completed and proceedings
resumed as follows) eee
‘“
‘= Se a
MR. BURNS; Mr. Sumner, I don't want to Z0 into any of.
the conversation or what you've read or heard it. I just want to
know the source of where it was?
JUROR SUMNER: From my daughter.
MR. BURNS: From your daughter. All right. How is
your daughter employed, sir?
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
a
~~
JUROR SUMNER: She works for Mr. Broderson.
MR, BURNS: You know, lawyers are always very Gautious
- {io
about leaving another lawyer Ss wife on the jury panel. “You know,
lawyers themselves are excluded from the jury service because ‘they
,
sx
are getively participating - in cases: Because the person ‘that
gives you the law is the Judge in this trial. So, my wife or
anybody else is not supposed to go into the jury room and say
things about what may or may not be the law, Because the law that
r
this jury operates with is the law that Judge Winchester gives you.
Do you understand that, sir?_ |
JUROR SUMNER: Yes, sir.
MR. BURNS: Anything that your daughter may have said
because she is a legal secretary -- is there anything she wight
have said that you could not ‘set out of your mind and disregard
and base your decision upon the testimony you hear. in this
courtroom and the law that applies to that testimony?
JUROR SUMNER: Yes, sir. pee
MR. BURNS: Have you had any previous jury experience?
JUROR SUMNER: Once.
we TR
MR. BURNS: Approximately how long ago was that?
JUROR SUMNER: Approximately ten years,
MR, BURNS: That was before my time so we won't have the
problem like Mr. Coulter had with being in court before. Mr
Sumner, is there anything about that experience that left a bad
taste is your mouth one way or another to which you would not want
Penny Moser, C.5.R. —
' OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
«@
||to: ) participate: in -the government. And in jury duty and jury —
_and as to whether or not he'll receive life imprisonment or the
to go back: in to the jury room and accept the responsibility of
=
a juror? , |
JUROR SUMNER: _ No.
MR. BURNS : You konw, Mr. Sumner, one of the most “> you
ah
‘know one of the most prestigious things that an American. can ‘do is
~
=~ ~ .
service, its one of the most important things, important ways, that
any person of our country can actually make a decision that means
something in our land. Because in this trial you'll be voting
on whether or not this defendant should have not guilty, set free,
you'll be voting on whether or not this man will be found guilty
death penalty. So you vote as an individual in the jury room
and it means something. “Are you telling me that you can and you
will accept the responsibility that you have already displayed
by answering your “jury summons .— But you're willing to accept
—7
one further step in your citizenship responsibility by being a
juror in this case if you're chosen. Is that right.
JUROR SUMNER: Yes, sir.
MR. BURNS: Do you know of any good reason, sir, why
you could not be a fair and impartial juror? a
JUROR SUMNER: No, sir.
MR. BURNS: How old are your kids, Mr. Sumner?
JUROR SUMNER: “Thirty-two and forty-one.
MR. BURNS: They're both adults, right?
Penny Moser, 0.5.R.
_ OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005
_ (405) 247-3671
<@
oY
JUROR SUMNER: Yes, sir.
MR. BURNS: Thank you, Mr. Sumner,
Mrs. King, I've already asked you a lot of these questions so
I'm not going to go back into them with you in any kind of detail
again. So you're telling me right now that you can be a fair
and impartial juror in this case, is that correct? ae
JUROR KING: Yes, sir.
MR, BURNS: Thank you, Mrs. King.
Mr. Comner? ‘I apologize for calling you Mr. Collum this
morning. I try to attach a name to a face is what I try to do in
the voir dire of the jury. You were called to replace Mrs. Jones.
I'm sure you remember Mrs. Jones because there is a Mr. Jones down
here and they're not Mr, and Mrs. Jones. But one reason I was
trying to remember the name Jones is that -- you know.,,,we always
ask these questions among the jurors as to what the jurors know
or are they related to the witnesses or the defendant in this case.
But one of the questions sometimes that we don't ask is that are
any of the jurors in the jury box at this time related to or
acquainted with each other? Do any of you know each other or are
related to each other prior to being called in this jury box? =
JUROR CONNER: We live in Tuttle but this is the first
time I*ve ever seen this man. | | |
MR. BURNS: Okay. Mr. Conner, since none of you know
one another when it comes up later on when we're exercising our
peremptory challenges, I'll ask the twelve of you and any of the
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER |
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
@
jurors who are out in the jury room at the time. If you become
seated in the jury box and you are acquainted with or you "re ome
related to somebody in the jury panel I will ask you to ‘please
bring it to our attention, We had two ladies who lived in the.
SamesBlock and were best friend s in a previous trial. “They, were
very Close friends. One was sitting at one end of the jury panel
and one sat on the back row. And they disclosed that they were
best Friends and they lived in the same block and they had been
neighbors and friends for thirty years. But one lady said that
we're best friends but part of the fun we get out of life is
disagreeing with each other and taking the opposite sides. And
_they said you don’t want to put us both in the jury room. They
were honest about it, that that was part of their -- they liked
to look at the opposites sides of each other's views and they
disclosed that. Again, whatever a person's contact may be out of
Court may have no bearing on what we're trying to do here in the
courtroom today. Do each of you understand this? a
(Jurors respond affirmatively)
MR. BURNS: Mr. Conner, again, sir, you said you heard |
something about the case? | : ae
JUROR CONNER: I heard one time on the radio.
MR. BURNS: I'm not going to ask you what you heard
JUROR CONNER: I didn't hear no people. %
MR. BURNS: Okay. Just something about it on the radio?
- JUROR CONNER: Right.
Penny Moser, C€.5.R.
/ OFFICIAL COURT REPORTER
. CADDO COUNTY COURTHOUSE
» ANADARKO, OKLAHOMA 73005
(408) 247-3671
q
MR. BURNS: From what you heard on the radio had you
-
formulated any kind of opinion?
JUROR CONNER: No, sure haven't.
8
‘pg ae
MR, BURNS: Have you expressed any type of opinion? ats |
“JUROR CONNER: No, no. aa a
MR. BURNS: You know, sometimes you ask the question. of |
sitkebody or did anybody try to talk to you about the case or
discuss the case with you. The Judge will give you an admonition
later on in the trial to the jurors who actually try the case that
should anyone actually try or attempt to discuss the case with
|| you either in or outside this courtroom you are to report it to
the judge. A lot of times if you ask somebody if they've
discussed the case with somebody else they say "no, I haven't"
that doesn't mean that someone hasn't tried to discuss the case |
with them. - Right now your one contact is with the radio is the
only thing that you have actually heard?
JUROR CONNER: Yes.
MR. BURNS: Your family -- you're married and have two
children?
JUROR CONNER: Three children.
MR. BURNS: You have three?
JUROR CONNER: Yeah, two boys, and a girl. oh
“MR. BURNS: And how old are your children, Mr. Conner?
JUROR CONNER: My oldest is forty-two, and forty and
thirty-seven. .
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
: ANADARKO. OKLAHOMA 73005
AE ; cil ‘ : (405) 247-3671
‘@
\7
MR. BURNS: Even though your children have more age than
what Mr. Lewis' have, the same question relates to the fact,
you know, I've. got a sixteen yearsold son myself -- the question
relates to the fact that at one point your children were fifteen
and sixteen years old too. The age of a person has no bearing
upon whether they did or did not commit the crime, is that correct?
JUROR CONNER: That's right.
MR. BURNS: In this case would you base your decision
totally upon the testimony and the evidence from the witnesses,
apply that testimony as it is to the law that Judge Winchester
gives you? |
JUROR CONNER: I will.
MR. BURNS: Have you had any experiences in your life-
time that would prohibit you from being a fair and impartial juror?
JUROR CONNER: No, not that I know of.
MR. BURNS: The -- and again I ask the question very
broadly of all the jurors earlier, but the fact that there are
three other people charged conjointly in the crime, the fact that
they're not in the courtroom at this proceeding, that has no- =
bearing upon and does not interfere with your deliberations as to
this defendant, Mr. Wayne Thompson's guilt or innocence, does it
not? |
JUROR CONNER: No, it doesn't,
MR, BURNS: I noticed that you -- I really appreciate
when the-.jurors say if they're a little bit hard of hearing. I
Penny Moser, C.5.Rh.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
@
know you told the Judge earlier that you were too.
' JUROR CONNER; Yeah, I got an allergy problem and that
is what caused my hard of hearing. But I heard all of what you
all said. oS ‘ Bet
MR. BURNS: Like I say, I'ma little bit hard of hearing
too. I've been bird hunting too much and shot a shot gun ‘too ‘wany
times, I don't know. But I'm not shy or bashful in the courtroom.
I can't be. Not and have my job. So its one where if I don't
hear something I*1l ask the court to help me and repeat it. Would
you do the same thing, Mr. Conner?
JUROR CONNER: Yes,
- MR. BURNS: You say you're a retired farmer?
JUROR CONNER: Uh-huh.
MR, BURNS: What type of farming did you do?
JUROR CONNER: Just wheat, cotton, just ordinary farmer.
MR. BURNS: Up around Tuttle?
JUROR CONNER: South of Tuttle.
MR. BURNS: How long have you been retired, Mr. Conner?
JUROR CONNER: About two years. a
MR, BURNS: You don't look quite old enough to be
retired. aa ag
JUROR CONNER: Still work but I'm retired. ur
MR BURNS: I understand. Have you had any experience in
your lifetime that only you know about that could prohibit you fron
receiving all this testimony and being fair and impartial? |
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
, (405) 247-3671
‘@
JUROR CONNER: No, sir. coer 4 Siap aS
MR. BURNS; I'll ask you the same question that Lgee
asked Mr. Coulter. Do you believe in the laws of the State of
Oklahoma?
JUROR CONNER: Sure do, ae
-MR.BURNS: Do you believe in the laws of the United :
States? :
JUROR CONNER: Sure do.
MR. BURNS: Our country. Do you believe those laws |
should be. enforced? | | 3
JUROR CONNER: Sure.
MR. BURNS: De you think those laws are intended to.
protect the rights of this defendant in this courtroom, Wayne
Thompson, but those laws are just as equally intended to protect
the rights of the victim of a crime, Charles Keene?
JUROR CONNER: Yes.
MR. BURNS: Have you had any previous jury experience?
JUROR CONNER: No, sir. | 2
MR. BURNS: You know, to break in on a murder trial ‘is*
a pretty serious thing to start out on. The fact that the nature
of this case is one in which this jury, after it considers the af
guilt or innocence of Mr. Thompson, that if the jury should find
him guilty in a subsequent a jury will be considerirg whether he |
receive life imprisonment or the death penalty in a proper case.
Are you telling me that you can and you will do that?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
“CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
eed
24
25
JUROR CONNER: To the best of my ability, yes, sir.
MR. BURNS: That's all we ask of you. Thank you.
Mr. Dorman, you know, a few moments ago when I talked to » Mr.
Sumner his daughter works for an attorney, she's a legal secretary
and I believe you said your wife is a part time legal secretary?
3 JUROR DOPMAN : She works for Mosley Insurance ‘Comane.
Really what she does is answer the phone down there.
MR. BURNS: I know Mr. Mosley and again -- is your
wife anywhere near the Sooner fan as Mr. Mosley? |
SUROR DORMAN: She grew up in Fletcher and they didn't
have football so she's not much of a football fan.
MR. BURNS: What was your wife's maiden name?
JUROR DORMAN: ‘Slaughter.
MR. BURNS: My Father used to own the picture show
in Fletcher a long time ago when I was growing up. I Sorked there
a long time. Is her name Dorothy?
JUROR DORMAN: Pam. _ ;
MR. BURNS: Where did you originally grow up at? -
JUROR DORMAN: Rush Springs.
MR. BURNS: Rush Springs? | :
JUROR DORMAN: I went to high school there. © - a eee
MR. BURNS: Have you had any previous jury experience? -
JUROR DORMAN: No, sir. a TSS
MR. BURNS: Right now you said you were a splicer for
Southwestern Bell Telephone Company?
Penny Moser, €.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
(@
JUROR DORMAN: Yes, sir.
MR. BURNS: How long have you worked for Southwestern
Bell?
7
JUROR DORMAN: Eleven years last August. et panes
MR. BURNS: Have you had any military experience? ‘;.
JUROR DORMAN: I was in Army Reserves in Lawton.
MR. BURNS: You know, I have to ask this question of all
the jurors, but have you ever handled a pistol or fired a gun?
JUROR DORMAN: Yes, sir. -
MR. BURNS: - And you know the difference between a single
action and a double action revolver?
JUROR DORMAN: Yes, sir.
MR. BURNS: Between an automatic and a revolver?
JUROR DORMAN: Yes, sir. 3
MR. BURNS: Seeing that you work for Southwestern Bell
would you say you work in Grady County -- that doesn't keep you in|
—
}
t
one town, does it?
JUROR DORMAN: No, sir, we cover Grady County and parts
eae
of Caddo County. jy
MR. BURNS: Then when talking to yourself and various :
jurors, you know, in various relationships to various locations
within this county in the Chickasha community specifically. ‘As to
locations that relate to testimony and evidence. When a witness
is telling you where something is at and there are at least some
jurors who are familiar with locations they formulate a mental
Penny Moser, (.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
picture in their minds. And those jurors, its very probable to
communicate their discussions with them in the jury roon, court - -
room. In the jury room sometimes a | question is asked of prospec-
tive jurors as to whether or not you will stand by your “opinion.
That if you vote for something and you vote one way that you, no
matter what it is, if its eleven to one against you whether :you
are voting for acquittal or guilt, you'll stand by your verdict.
You know, I'd want someone with strong convictions also. But I
will ask you that there are times when a truck will come down this
road in this big courtroom, or somebody in this courtroom is going
to cough, or you maybe did not hear one word of testimony the way
eleven other jurors hear it. Now, those things happen and it may
be something that's important. All I'm asking is that will you
consider the reasonable and rational discussion of the other jurors
in making your decision? |
JUROR DORMAN: I'll base it on my recollection.
MR. BURNS: That's right. If you have an opinion -and
there is someone talks abaut -- for example if your knowledge of |
firearms should come into play as to a single action or double
action pistol it should be relevant about it. The testimony
presented through witnesses in this courtroom, but if that
testimony relates to something that someone else doesn't under-_
stand and asks you what the witnesses have said in court, but
we'll have a firearms expert testify during the course of this
trial. So in relationship to that, if someone -- all I'm saying
Penny Moser, 0.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 |
(405) 247-3671
i
is that people who are completely, absolutely, once they make up
their mind, say I won't change my mind, I'm wrong but I won't .
change my mind. That kind of person is quite frankly not what ~
I'm looking for. I want a person that if someone shows you. — =
a reason why to vote one way, as long as there is a reason and:
that's when your mind changes, that's what your mind says. Is
Rat right? I didn't phrase that very well, but do you understand
what I'm saying? . |
JUROR DORMAN: Yes.
“MR. BURNS: As long as there is a reason for doing
things and someone says something -- sometimes someone says
| something that just rings a bell in your mind about the color
of a shirt, about the time it happened, sometimes one point
brings something out and makes a person be able to vote and
really understand what they're saying. Do you understand?
JUROR DORMAN: Yes.
-_~
MR. BURNS: That whole phrasing -- I didn't phrase that
very good or put it together real well. Mr. Dorman, do you have
any children? Leah
JUROR DORMAN: Yes, sir. 7 ; a
MR. BURNS: How many? -
JUROR DORMAN: Three. Pee
MR. BURNS: What are their ages?
JUROR DORMAN: Three, seven, nine.
MR. BURNS: Will you agree with the same statements that
Penny Moser, €.5.9.
OFFICIAL COURT REPORTER
- CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005 |
(405) 247-3671
©
if I asked you all the questions again like I have Mr. Lewis and
-
Mr. Coulter. When I asked, would your response be as to age
as to the bearing upon the guilt or innocence of Mr. Thompson, _
. . : . Gea TE ted ok =
n.
>
does it have any bearing? : 7 Seo ES
JUROR DORMAN: No. | Ge : =. te Pe
MR. BURNS: Have you had any experiences in’ your dife—
time that prohibits you from being a fair and impartial juror in
this case?
JUROR DORMAN: No.
MR. BURNS: Are you telling me right now that you can
give the people of this county and of our state, and Mr. Thompson
up here, you can give both sides a fair trial?
JUROR DORMAN: — Yes, sir.
MR. BURNS: Thank you, sir.
Mr. Hamstead, I hope I didn't step on your toes a few minutes
ago when you told that six years ago you moved down here from
Pennsylvania. Because that wasn't intended -- I was pointing out
exactly what we're looking for. Pennsylvania is a good farming
State too. People work hard. But there are some areas of outs
country that perceive something differently. In San Francisco
homosexual charges, they just don't get very far. But in Oklahoma
there still seems to be a standard in which the community we live
in doesn't care for. }
You've been in Oklahoma now for six years, is that correct?
* JUROR HAMSTEAD: Yes, sir. |
Penny Moser, C.5.h.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
@
MR. BURNS: You have a business and I could tell that ~
you're concerned about -- you've got employees and its your =
Livlihood. I. know its a hardship and I really anticipate its
will take Thursday or possibly into Friday to complete this case.
In light of the hardship do you still feel you can devote. your. ts
full time and attention to this case? -
JUROR HAMSTEAD: I think so.
MR. BURNS: You know, that is that duty of citizenship .
no matter where we're at, and I certainly appreciate your
response. Have you had any previous jury experience in Pennsyl-
jj vania or here?
- JUROR HAMSTEAD: No.
MR. BURNS: And you have two children, is that correct?
JUROR HAMSTEAD: Yes.
MR .BURNS: What are their ages?
JUROR HAMSTEAD: ° My daughter is eleven and ny son is
fourteen. ens | nS
MR. BURNS: I saw you smile. You know I always ask that
question of the first juror we talk to because you can look at :
the eyes of every other juror and have a pretty good idea about. .
starting to put together the ages of their kids. Mr. Hamstead,
have you had any type of experience with firearms? . es
JUROR HAMSTEAD: “Military experience. | oe
MR. BURNS: Pistols?
* JUROR HAMSTEAD: No small firearms
Penny Moser, 0.5...
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 |
(405) 247-3671
2 gat.
‘@
24
25
MR.. BURNS: Have you heard or read anything about what
is supposed to be the facts in this case? oe
JUROR HAMSTEAD: No.
MR. BURNS: Right now you start out with a clean slate.
The items which you think are relevant or important in this case
you'll begin to write them on the slate from what you hear from:
witnesses from the witness stand?
JUROR HAMSTEAD: That's right.
MR. BURNS: At the end of this trial you'll give it -- ~
you'll give your undivided attention in this case to the testimony
and evidence, is that correct?
_JUROR HAMSTEAD: That's correct.
MR. BURNS: Do you believe -- just quite frankly do you
believe that for the crime of murder a person should be punished?
JUROR HAMSTEAD: Yes, sir.
MR. BURNS: If the evidence and facts in this case
prove to your satisfaction beyond a reasonable doubt that the life
of Charles Keene was taken unjustifiably without any justifiable ©
or legal excuse, as the Court will instruct you, that Charles
Keene was in fact murdered, you can tell me that you'll vote for
the guilt -- find the defendant guilty if the evidence proves him
guilty?
JUROR HAMSTEAD: Yes, sir.
MR. BURNS: People who have to sit as jurors, particular-
ly in a case where the death penalty may be considered, those
Penny Moser, (.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
| that a person is asked to consider as to whether or not another
jurors have got to reach inside themselves further than anybody
in any case I've ever tried. It takes a lot of soul-searching
and a lot of strength. Are you a strong person, Mr. Hamstead?
JUROR HAMSTEAD: I think so. | : 2 4
‘MR. BURNS: As to the other jurors that responded prior
to you, one of the things that I see and Mr. McConnel sees and Mr.
Baresel, we look at the way a person answers a question as much
as what they say. So as to the strength of all the witnesses .
and persons and their character -- you know, I've asked your's
out loud because its one that all of them are thinking about
because there are very few times in anyone's life, sometimes never,
persons life -- or they would have any vote so to speak, about
taking another person's life. Are you telling the court that
after you receive all the facts and evidence of this case, in a
proper case, that you can consider the death penalty, is that
correct? oan
JUROR HAMSTEAD: Yes, sir.
MR. BURNS: Thank you, Mr. Hamstead.
Mr. Jones, how long have you lived here in the county, sir?
JUROR JONES: Year and a half.
MR. BURNS: Where did you live prior to that?
JUROR JONES: Sapulpa in Creek County.
MR. BURNS: Pardon?
JUROR JONES: Sapulpa in Creek County.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
MR. BURNS: That's David Young -- he's the D.A. over
there. Do you know Mr. Young?
JUROR JONES: He's an acquaintance, yes, sir.
MR. BURNS: Have you had any previous jury experience? ©
“JUROR JONES: No, sir.
MR. BURNS: You say you're a salesman at this time for
convenience stores?
JUROR JONES: No, I sell predesigned buildings.
MR. BURNS: And what does your wife do, sir?
JUROR JONES: She works for Palmer Rexall Drug.
MR. BURNS: That's right. How many children do you
have?
JUROR JONES: Two, one twelve, one seventeen.
MR. BURNS: And you have not had previous jury exper-
ience?
JUROR JONES: No, sir.
MR. BURNS: Have you read or heard anything -- you've
been here a year and a half, you've been here since this case --
since the crime was committed and the charge was filed. Have you
read or heard anything about this case?
JUROR JONES: I read the newspapers.
MR. BURNS: Anything about what you've read that caused
you to formulate any type of opinion?
JUROR JONES: No, sir.
' MR. BURNS: There are times -- and the newspaper people
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
1 are doing their job, they are doing the best they can. There are
2 || times when they report and you're not sure you're in the same
3 place from what they put in the paper about what happened. The
4 |) twelve jurors that actually deliberate in this trial, at the end
5 of this case those twelve people will know more about the actual
6 y facts surrounding the murder of Charles Keene than aiybody ‘else.
7 | Do you understand that, sir?
8 JUROR JONES: Yes, sir. |
9 MR. BURNS: So anything that you may have read, are you
10 |} telling me that you can set that aside and base your decision
11 totally upon the evidence and the witnesses, apply that to the
12 law that Judge Winchester gives you?
€ 13 JUROR JONES: Yes, sir.
44. MR. BURNS: Can you be fair to both sides?
15 3 JUROR JONES: Yes, sir.
| 16 MR. BURNS: Do you believe our laws should be enforced?
17 JUROR JONES: Yes, sir. _
18 MR. BURNS: Have you had any experiences in your life-
19 time that would prevent you from being fair and impartial?
20 JUROR JONES: No, sir.
21 MR. BURNS: Thank you, Mr. Jones.
22 : Mr. Brooks, how long have you lived here in the county, sir?
23 JUROR BROOKS: A little over a year.
24 MR. BURNS:. Where did you live prior to that?
<q] | 25 - JUROR BROOKS: Oh, various parts of the United States,
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
—
El Paso has been where I'm from mostly.
MR. BURNS: Well, I'm sure its a lot warmer down in
El Paso right now than it is outside this courtroom. One questian
that I'll ask to you, Mr. Brooks, and to all of the other jurors;
I'll ask if any of you had considerations of any kind where you
couldn't devote your full time or attention to this case. Mr.
Hamstead has got a business and a lot of you have got different
things to think about, but do any of you have like a doctors
appointment that was scheduled and can't be reset or cancelled?
Are any of you concerned about an illness in your family? You
may have a relative that is ill or in the hospital. Is there any-
thing of that nature that would distract you in any way? I'm
just going to ask the question of Mr. Brooks, here, but=if there
is any of the other eleven that I've already talked to that have
those kind of problems I would sure appreciate it if you raise
your hand so we'll know. Mr. Brooks, do you have any problems
with anything of that nature?
JUROR BROOKS: No.
MR. BURNS: I see you're self employed in the oil
business, you know, its the same question with the kind of stress
or strain its going to cause to your business. Should you have to
sit out a week your -- your business is your livlihood. Is there
any problem with that, sir, to which you couldn't give this court
a week of your time?
JUROR BROOKS: No.
Penny Moser, 0.5...
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
ev 2 cnet pa
OO a
oo
MR. BURNS: Being self employed what type of the oil
business are you in?
JUROR BROOKS: Spraying end of the sizemograph.
MR. BURNS: The weather gets real bad you won't worry
about it quite as much either. Have you had any previous jury
experience?
JUROR BROOKS: No.
MR. BURNS: I see you're married and have four children,
is that correct?
JUROR BROOKS: Right.
MR. BURNS: Your wife is a housewife?
JUROR BROOKS: Yes.
MR. BURNS: Have you read or heard anything about this
case? iz
JUROR BROOKS: No.
MR. BURNS: As to the age of this defendant in this
trial, you know, its pretty obvious in that its one in which you
can't keep from looking over here in this trial. knowing that he's
young. As to his age as to whether or not Mr. Thompson could do
this crime -- the Court is going to define what a person is that
is a principal in a case. The court can give you an instruction
at the end of this trial as to what's a principal when a person
is aiding and abetting and when a person is an accessory. The
Court instructs you on what the law is at the end of this case
as to whether or not Wayne Thompson is guilty as a principal and
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
‘@
doesn' it necessarily mean | that Wayne Thompson acted alone. in causing
3
the ‘death of Charles Keene, as to whether Wayne Thompson acted _
.t = Pe? ae ty Pe arty: Fes
RS
jointly with the other three men ‘or. ‘whether he acted individually
| whichever way the evidence may be ‘Presented | to you as to. Fin
‘the first degree.
JUROR BROOKS:
hg i i
MR. BURNS:
questions.
difference to you as, ‘to ‘whether
x34
TS
JUROR BROOKS :
MR. BURNS: )
te ©
“Yes.
. “No.
ss
Do you | understand chat? a
2 ete * fe Fits sae “4 , d Dee a tor
Again, “that! s , another one of those long
Mr. Brooks, does the age of Wayne Thompson make any
or not he's guilty of this ‘crime?
The fact a person could be peventy years old
it doesn’ t mean that. they did or didn' '¢ commit a crime, does” it?
JUROR BROOKS :
MR. BURNS:
JUROR BROOKS:
MR. ‘BURNS:
the general questions that I ask of witnesses.
That’ s right.
A small amount -
wen
~
“Have you “had any, experience with firearms?
Ladies end gentlemen, I 've asked about all
As we go through
this case, again, I want to reitterate this one question that if a
person is asked to be excused for cause by myself or Mr.
or Mr. McConnel that is no personal reflection whatsoever.
Baresel
Its
one where we are looking for jurors that could have some type of
insights as to this type of case.
We know what the evidence --
at least we anticipate or think we know what the evidence is going
to be in this trial.
Penny Maser, 0.5.F.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
I hope that you understand what our questions
|
ll As the judge told you I'm Ed McConnel. And it is ny duty as. the
are and that they weren't meant to pry into your backgroud or your
personal lives. I certainly appreciate you attention Your Honor,
at this time the State would pass the jury for cause.
THE COURT: Mr. McConnel.
MR. McCONNEL: Good afternoon, ladies and gentlemen.
| |
defense attorney for William Wayne Thompson here today and through-
out this week to represent him in the best manner in which I can. |
As Mr. Burns has told you this is sort of a tedious process and
I'll try not to draw it out any longer than I absolutely have to.
However, we do have a very brief time to get well acquainted here
as possible in this most important case in this young man's life.
As Mr. Burns has told you we are not permitted to talk to you
in the hallways or on the elevators. So if I see you outside
the parking lot or in the elevator and I don't speak to you, once
i
i
again, I'm not being unfriendly its just that Judge Winchester ™
might send me upstairs with my client if I do that. So I hope
you'll take that into consideration in the event that we don't
acknowledge you someplace in the courtroom or in the courthouse or
outside in the parking lot. We do appreciate the fact that those
of you have remained here and have not exercised one reason or
another to get off as a convenience to yourself. We appreciate
you staying here and hearing this matter and doing your civic
duty here throughout this week. A lot of the questions that I
would ordinarily ask you, ladies and gentlemen, have of course |
Penny Maser, C.5.R.
{
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
already t been asked here by. Judge. Winchester and by Mr, Burns. -I
ex ot x
will try my best not ‘to repeat ‘them. ‘However, I do as you can see
*
£ So is , .
in: | meeting you ladies “and gentlemen for the first” ‘time in my life
> ake s ~ay
“we don’ t get to have what you d call. a casual ‘conversation. We
fi 4
ors BS 5. Ligiegess
‘have to stand here in a formal ‘manner and answer yes. or no and -
‘be pWery concise in what we talk about { “Its mach are Bit ficult <
-
‘to evaluate the matters that need to be “decided: here today. in ‘this
xf
context. So I'll appreciate it if you'll bear with’ ‘us in that
regard. I would like to ask first of all -- and- real any of you
need to catch my attention just raise your hand at any time. |
First of all I'd like to ask if any of you here have had jury
duty before today, both on a civil case and on a criminal case.
Has anyone had that experience, both types of cases, criminal and
te»
—
civil both? oie . ee ai ee es wt
(Jurors respond negatively) © ? , oe
ow
- MR, McCONNEL : Okay. We don' t _have anybody i in that_—
category. Now, throughout this previous voir dire here today i
believe several of you have indicated that you've been on juries
before. Let's start first with the ladies and gentlemen who have
been on a civil jury. If you will so indicate by ‘raising your
hand.
(Juror Hoebing indicating)
MR. McCONNEL: Yes, Mrs. Hoebing, were you on a civil
jury here in this county?
JUROR HOEBING: Yes,
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 ~
i eet ik ei aa . aan —% AER AAS eee SSE orgs shows EET Se meni ~* a renmenwett soa vay
: 7
ev venta) cep aememmencrege nema
24
25
|
MR. McCONNEL: You've lived here over fifty years so
I assume it was in this county. You do understand, of course,
that this is a different type of case?
JUROR HOEBING: Yes. | :
MR. McCONNEL: This is a criminal case where this young
man's freedom, possibly his life, could be taken away by the
twelve people permanently selected to sit in this jury box. And
in that civil case you're aware that someone was being sued for
money or to get some property; is that correct? |
JUROR HOEBING: Yes,
MR, McCONNEL: Okay. How long ago was that, ma'am?
JUROR HOEBING: Oh, about two years I think. It was a
land lease for the gas company. Damage to a farm.
MR. McCONNEL: Okay. So you're uate that there were
some different things about that case that you will -- that won't
be present in this case? There will be a lot of similarities, but
then there is going to be some substantial differences and you're
aware of that, aren't you, ma‘am?
JUROR HOEBING: Yes.
MR. McCONNEL: Does anyone else here have any prior jury
experience on a civil case -- yes, sir, Mr. Sumner? On a civil
case?
JUROR HOEBING: Yes, sir.
MR. McCONNEL: Okay, How long ago was that, sir?
JUROR HOEBING: Approximately ten years,
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
acl: Se SA ae
weenie onetemne- ae
APRA AAIOTAEEE SCRE TO rene On a
24
25
MR. McCONNEL: All right. And so that is the case you
were talking about with Mr. Burns earlier, it was not a criminal
case, your duty was limited only to a civil case? |
JUROR SUMNER: Yes.
MR. McCONNEL: And you are aware, sir, the differences
that I've discussed with Mrs, Hoebing. Just basically that there
are substantial differences between those two types of cases?
JUROR SUMNER: Yes.
MR. McCONNEL: And the other ladies and gentlemen here
who have discussed prior jury duty -- I believe Mr. Hamstead, did
you say you'd been on a jury before? Someone up there on the
center back row I believe indicated that they had prior jury
experience? We've got a totally new group here it looks like
except for a couple of folks. :
Okay. Also I might point out this. At any time any of you
folks think of something during the afternoon while I'm talking
to you that you would answer differently from what you answered
earlier, something that has already been covered by Judge Winchestez
or covered by Mr. Burns, and you think of something that you
would answer differently now I would appreciate it if you would
somehow get the attention of myself or Judge Winchester and state
to us what you have now remembered or what you recall differently
about who you might know or where you might have been in so far as
any matters that might effect his case. Because like Mr. Burns
said sometimes people will sit clear up through the whole week and
Penny Maser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
|
:
]
;
j
OU ee oy Oe Tee ee Maerte See
+ oa See oe bh ae es
ws). a GR ge AE
eh ¥ 4 ey oe
§ oF eRe ol “3 i
F Go! gE hase RT ‘
4 ae iy ‘
8
24
H
emer mes
}_
‘of ‘something = -~ some “of ‘those witnesses that you recognize, ps
+ Rae
eu ght
. a =-8
then they' 11 remember something that comes up that they, should
ee ~ Secs ApED Ss
have remembered. at the teginning “of ‘the case. So if you ‘11
rH 4% meee
accomodate us in that. manner _we'L1 appreciate it. Now the
es =
ge list of the witnesses have been read: to you and = don' t believe
= ‘
any of E you have indicated any. significant. connection or relation-
If any of you now ‘think
ae A
ple
| me ee
would appreciate you making that known. to us.
We might mention a couple of areas. that come into play.. _The
testimony throughout this case is probably going to involve an °
area out here north. of. town-~ Mr. _Brown* Ss residence, the man’ is
oe
~<a . +i
known § as Possum Brown, ‘I’ ve been paying very close attention
to the addresses here ‘of the prospective jurors, but I would like
to . know. if any _ of you. live anywhere close to the gentlemen known —
as Possum Brown? His wife’ s name is Lucille. They live about _
three miles straight north of right here. close to the river? =
_Gurors respond negatively)
OR. “McCONNEL : All right. Without any indication I! 1i
assume that no one is familiar with that.” Also, there is going to
be I anticipate a substantial amount of evidence regarding an’ 32>
area east of town here right past the turnpike about a half of a
mile where the Washita River is crossed by a bridge out there by
right outside the courthouse. Do any of you live real close to
that area by any chance? If anyone does live there I would appre-
| ciate you so indicating.
Penny Maser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 __
: - (405) 247-3671
24
25
(Jurors respond negatively)
MR. McCONNEL; Also in addition to living there yourself
or near there, I would also appreciate if you would indicate if
you have any close friends or relatives that live near those
areas that would cause you to go by there frequently and possibly
have a pre-fixed notion about the layout or makeup of those
geographical areas. I would appreciate it if you will so indicate
in that regard also.
I believe Mr. Burns has covered with you in some regard,
certain regard, that a charge has been filed against this young
man and the fact that that is not evidence. Can all of you tell
me as you're sitting here in this jury box and you're looking here
at Wayne Thompson, does the ere fact that that Information sheet
which is the actual formal charge filed against this young man
right here in Mrs, Fenimore's office, do any of you feel that the
mere fact that that charge was filed that there is any liklihood
that this young man is guilty? If you have any feelings in that
regard I'll ask you to raise your hand and tell us why you feel
that way or what your feelings are in that regard. I know every-
one may have an attitude of some time or another that where there
is a little smoke there is a little fire and the fact that this
charge was filec may be evidence of some smoke. However, I
anticipate that Judge Winchester will give you instructions later
on as to how you're to treat this matter that this charge was
filed. And I will suffice to say at this time, as Mr, Burns has |
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
a : a we Re RS Oe Ne oe eR eet -- ~- ee ee . > ee en at eg
@
24
25
told you it virtually means nothing at this time. That is just
a mere vehicle for Mr. Burns to proceed on in doing his duty here
in this courtroom and in this county. One other thing I want to
point out is that I would ask if all of you understand and are
aware that whatever verdict you reach in this case at the end of
the week, or earlier possibly when you retire to the jury room to
vote on it, that verdict can not be changed by you onee you vote
take a final vote, leave that jury room and come back here into
the open courtroom. If you have finally committed yourself in a
Manner that can not be changed, The reason that I mention that is
that there has been situations where somebody would call up the
judge the next day and say ‘look I'm sorry I want to change my vote
those eleven people were really pressuring me and I couldn't
stand it and I went ahead and changed my vote at the last minute.
But now that they're not breathing down my throat I want to tell
you that I want to vote the other way. Well, unfortunately that
point is too late. And so I would ask each and every one of you
if you reach an opinion in this case and you find that you have a
reasonable doubt as to the guilt of this young man, then if you
will follow the instructions of this court in resolving that
doubt in favor of this young man. I'll assume by your silence
that all of you can do that and would ask any of you that feel
that you can't to indicate by raising your hand and discussing
further with us your reservations in that regard.
(Jurors respond negatively)
Penny Maser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
“4a yes, Mr . Hamstead.
a ed PY eee a ae,
~
SF 4S
MR. McCONNEL: “Now Mr, Burns and Judge Winchester ‘both
have also touched on ‘the subject of whether or not _any of you ‘have
“
been victims of crimes before, I don" t beleive any. of you have--
ae a.
pam Ae ts v
JUROR HAMSTEAD: I've been victim of a crime in that
we ‘ve had thefts from the dealership. | |
au MR. McCONNEL : Theft of automobiles?
JUROR HAMSTEAD: Preperty, equipment and that sort. of
thing. |
MR. McCONNEL: Okay, Does this lead to or has this”
lead on occasion, Mr, Hamstead, to the filing of criminal charges
against individuals involved?
JUROR HAMSTEAD: I don't think its ever gotten that close
ws
~~
to pointing to any particular individual.
MR. McCONNEL: Is there anything about that set of facts
or those circumstances that leave you * grustrated in any way with
our system of law enforcement _ ox our system of justice?
JUROR HAMSTEAD: Yes, gir:
MR. McCONNEL: And is , there anything about that |
frustration that would ‘effect you in anyway here today and through
out this week in the handling of this case?
JUROR HAMSTEAD: I don't think so.
MR. McCONNEL: I know that is sort of far-fetched but
as I said earlier it is my duty to sort of split hairs here for
a while. Do we have anybody else that can think of any criminal
Penny Moser, 0.5.8.
- OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
24
25
act which they were 4 victim? Either yourself, close relative,
member of your household, even a next door neighbor with whom you
closely associate. Does anyone have any connection of that sort
that they can think of at this time?
(Jurors respond negatively)
MR. McCONNEL: Now then in reading off a list of
witnesses, of course, as is normal many of you are acquainted with
the public officials who were listed on the sheet of witnesses.
To take that a step further I will just ask all of you as an
entire panel as a whole here if you have any close friends or
relatives, either here in Grady County, here. in Chickasha or in
your home city or in any other state, do you have any friends,
close friends or relatives who are in law enforcement at any
level, whether it be city police, county sheriff, prosecuting
attorney, attorney general for the state, -- yes, sir, Mr. Lewis?
| JUROR LEWIS: He's recently retired from the Chief of
the Highway Patrol, my second éousin,
MR. McCONNEL: Okay. Your second cousin. And what
state, sir?
JUROR LEWIS: Oklahoma.
MR. McCONNEL; All right. And I realize that a second
cousin is not a particularly close relative, however, you might
have a close relationship with him
JUROR LEWIS: No, not necessarily.
MR. McCONNEL: You don't?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
25
act which they were a victim? Either yourself, close relative,
member of your household, even a next door neighbor with whom you |
closely associate. Does anyone have any connection of that. sort
that they can think of at this time?
(Jurors respond negatively)
: MR. McCONNEL: Now then in reading off a list of.
witnesses, of course, as is normal many of you are acquainted with
the public officials who were listed on the sheet of witnesses.
To take that a step further I will just ask all of you as an
entire panel as a whole here if you have any close friends or
relatives, either here in Grady County, here in Chickasha or in
your home city or in any other state, do you have any friends,
close friends or relatives who are in law enforcement at any
level, whether it be city police, county sheriff, prosecuting
attorney, attorney general for the state, -- yes, sir, Mr. Lewis?
| JUROR LEWIS: He's recently retired from the Chief of
the Highway Patrol, my second éousin.
MR. McCONNEL: Okay. Your second cousin. And what
state, sir?
JUROR LEWIS: Oklahoma.
MR. McCONNEL: All right. And I realize that a second
cousin is not a particularly close relative, however, you might
have a close relationship with him
JUROR LEWIS: No, not necessarily.
MR. McCONNEL: You don't?
Fenny Moser, C.5.f.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
25
JUROR LEWIS: I've got a couple of other cousins that
are married and are State Troopers here in Oklahoma.
MR. McCONNEL: Okay. Does any of this, of course, the
mere fact that you're related to them doesn't concern me partic-
ularly. What would concern me is if you have on occasions
socialized with them to the extent that they would discuss cases
that might come up.
JUROR LEWIS: No.
MR. McCONNEL: They've never had coffee at your house
and told you about who they've arrested and that sort of thing?
JUROR LEWIS: We discuss some cases but no names and I
couldn't tell you very much about it,
ene ee:
MR. McCONNEL: Okay. Then the last question I have to
ask you in that regard, Mr, Lewis is the mere fact that you do have
relatives in law enforcement, there are going to be some young
men, men of all ages for that matter, taking the witness stand
here and they'll be wearing uniforms, most likely Grady County
Sheriff's uniforms. Is there anything about the fact that they
are law enforcement people and they're wearing uniforms and that
you're velated to law enforcement people who wear uniforms in their
profession, is there anything about that fact that would cause you
to give more or greater weight or credibility to their testimony?
In other words, just because they are officers would you be more
inclined to believe them more so than if they were just civilians?
JUROR LEWIS: Not necessarily. |
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
San
Pa
«
24
a
MR, “-McCONNEL: “and if it became necessary for you in the
course of this trial. to disbelieve ‘the testimony of one of the...
gentlemen or ladies in ‘law enforcement would this embarrass you ‘the
; & a3 ao ee i hae} = 5 ¥ mt ¢
re
next time you were around your. relatives who are in law enforcement}
Pebre® oa - ies
: cae Pn ec 2 Be: ae “ae ae —— Ree, Be
' 5
JUROR LEWIS: “No, sir, ERO OS Se BRS eS
i fa
gar
MR. McCONNEL:. “Okay. Thank you. for your candor in that
" matter, Mr. Lewis. Is there anyone else in this regard that has
relatives, no matter how distant, or friends that are fairly
close relationship who. are in a ‘anyway in law enforcement?
(Jurors. respond negatively) 7 |
MR. McCONNEL: Okay, And not attempting to pick out any
one or single out anyone, Thi going to go through as Mr. Burns |
did and speak to each and every one of you individpalty | on :
several specific questions and. 1" ‘il just randomly select oat
Mrs. Duggan, because you' ‘re: “the closest here and you "re right on
this end, So I'm not singling you out for any particular sagan:
other than it seems ‘the natural ‘thing to do, I‘ll start in with
a few questions that ' ve e have for you as an individual in so “far
as my concern of your qualifications to sit here on this jury
panel today. During earlier inquiry: the Court inquired of you.
under the general and proper. circumstances would you be willing to
assess the death penalty if the circumstances in this case so
warranted. I would want to ask you, Mrs, Duggan, do you believe
that the death penalty should automatically be enforced in every
case where it is allowed?
Penny Moser, C.5.A.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 ~ .
a ee emene. 8 wn. ee. ee 8 oe rtees te ee er eee we Qehaws oneness wee ss Pe awe mes oo pe We
23
24
_
JUROR DUGGAN ; Well, I believe we should have the
death penalty, ee
MR. McCONNEL: Okay. a But do you ‘believe that it is
ve
+
apt
‘automatically should be enforced against. anyone who is convicted
~
of murder? In other words just ‘because you convicted someone
2
‘of murder in he first degree 3 | :
Re JUROR DUGGAN: Well, ‘no, , they'd have to be proven
guilty before I would do it, | | oe
_ MR. McCONNEL: Okay. Then after a person were proven
guilty of murder in the first degree would you ~~ do you feel
that - the death. penalty would just automatically be appropriate?
JUROR DUGGAN:. Well, if that’s the laws of our land I
don": t know what else we could do about it. .
MR. McCONNEL: ‘Okay, And if its ‘the law of our land that
its not particularly. automatically appropriate would you follow
that ‘also? | aa | 3 . 3
JUROR DUGGAN: I didn't understand that really just like
I should have, . . ae | |
MR. McCONNEL: Well, I understand. I'm certainly not
trying to confuse you.. We've touched on one aspect of it -- you
have been asked under the’ proper circumstances would you admini-
ster, would you vote to convict and if you voted to convict in’
the next proceeding if it were proven to you properly would you
vote for the death penalty by reason of the fact that you're still
on this panel, you, of course, answered that question in the
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
_ ANADARKO, OKLAHOMA 73005
(405) 247-3671
PTET eet pe
affirmative, But can you tell me that -- if TY understand you
correctly you don’t believe that the death penalty should just
be automatically ‘be enforced in every case in which there is a
conviction of first degree murder? ae s |
JUROR DUGGAN: Well, now just adcomatfcaity. what do
you mean?
MR .MACONNEL: | Without any regard to circumstances that
might mitigate or make you feel otherwise?
JUROR DUGGAN: I would have to have the circumstances.
MR. McCONNEL: Okay. If you should reach a situation
where you would find this defendant guilty beyond a reasonable
doubt could you under the proper circumstances give life imprison-
ment? 3
JUROR DUGGAN: Yes, like I said,
MR, McCONNEL: Then I would assume that in the event
you found the defendant. guilty beyond a ‘reasonable doubt in ‘this
case of first degree murder, do you believe that life imprisonment
should never be inflicted under any circumstances?
JUROR DUGGAN: Well, I think it should be done.
MR. McCONNEL: But do you think ->+ would you feel
that life imprisonment should never be inflicted?
JUROR DUGGAN: Should never be?
MR. McCONNEL: Right,
- JUROR DUGGAN: Well, just accordingly, to you know,
circumstances.
Penny Moser, £.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
— - - id ore ae or ry
~
; An “death. penalty? . eae RS ae
eS SA be 42
tC ee JUROR DUGGAN: Yes; sirg
ais be MR, McCONNEL: Okay, A And I don't have any notation
_ 23
24 ©
fe meee such. that life imprigonment, was a proper. -penalty then you
x cd Rage
“HT here, Mrs.
ft
SS Gee FP, EWE “3 i a SO TI ERE METRE SCT TS aa eee,
MR. McCONNEL; Okay. _ Tf you felt that circumstances |
ee ae |
would assess that as punishment , is that. ‘correct, and not the. | |
_
Duggan, as to whether | or “not “you were employed outside
of the household? | |
JUROR DUGGAN: No, sir, I did a little private nursing
aes a few years but that's all,
MR. McCONNEL: Okay. - ‘Not. in a hospital?
JUROR DUGGAN: No, in a home.
MR, McCONNEL: Have you had occasion to in your --..
throughout your life and times in this general area to hear any- .
notion or any kind of a feeling about Mr. Thompson or any member
of his family? eo eee ee
er ee ed
No, sir, I haven't because I don't
= this case that would cause you to have a pre-fixed
| JUROR DUGGAN:
om cen are
know a thing about this.
| ow
| Testton that comes to my mind to inquire of you involves of
MR. McCONNEL: Okay. Thank you, ma‘am.
Lewis, since you're next here in the sequence. The first
course your membership in the Coast Guard, You stated that you
are an examiner in Oklahoma City, How long have you been
assigned to that particular duty?
Penny Maser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
ae Sean cone ade aac all Sy rete oory
Tic ; Be:
JUROR LEWIS: Three years, by ss
a ae
MR. McCONNEL: © At any time in your capacity as a member
of the Coast Guard have you been involved in any type of.
“disciplinary: unit in any type divtetont
JUROR LEWIS: Yes. £9)
MR. McCONNEL: Would you tell us what that experience
‘was?
JUROR LEWIS; Shore patrol duty. it was a training
center and we were to go out and to primarily to help the |
recruits that either got lost or whatever, couldn't find their
way back or whatever, ran into serious problems out in the
civilian community. That was just a weekend L type duty,
MR, MeCONNEL: Ho How long were you on that duty, sir?
JUROR LEWIS : That was twenty years ago and that was
only. -- probably eniy had it six or seven weekends.
MR, McCONNEL: Did you utilize a: firearm of any type
in that duty? 3 : |
JUROR LEWIS: | No.
MR. McCONNEL: And where was that?
JUROR LEWIS: Cape Maine, New Jersey.
MR. McCONNEL: Pardon me? -
JUROR LEWIS: Cape Maine, New Jersey.
MR. McCONNEL: Did that involve actually ever arresting
anybody and taking them into custody and then forcing them to
any Coast Guard regulation?
Penny Maser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 730085
(405) 247-3671
24
25
ae a
Yes, one time,
JUROR LEWIS: a 2 |
MR, McCONNEL: And what did that involve? Alcohol or
violence? } a ar Bots
JUROR LEWIS: No, Tr Shad to go. to ‘Atlantic City to pick
-up a prisoner, a Navy | man “that the Navy. had asked for us to
=
Pick up and detain until they could pick him up.
MR. McCONNEL: Okay. “Were you “involved in any way in
the Judicial determination or court martial proceeding of any
type to ascertain whether he was guilty ox not guilty?
evidence against him?
JUROR LEWIS : No.
MR, McCONNEL ; And was there any other time in your --
during your tour duty with the Coast Guard that you've been invol-
ved in anything ‘other than in New Jersey?
JUROR LEWIS: Legal proceedings?
MR.McCONNEL: Yes, uh-huh,
JUROR LEWIS: Well, I've had people court mrtialled,; but
yor to sit on the jury itself,
MR. McCONNEL: Okay. Is it correct to say then that .
you made the decision that was -- it was initiated by you, you
either observed some criminal conduct or ,,.
JUROR LEWIS: Reported it, yes, sir.
Penny Moser, C.S.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(40S) 247-3671
ee ae _ > 4
JUROR LEWIS; Of that individual? No, I was a taxi
| driver mainly, ;
MR. McCONNEL: All right, You didn’t handle any of the |
24
25
| were not involved in any type. of military disciplinary proceedings?
MR. McCONNEL: _ Reported it, “And as a result of your ..
report charges were pursued. or court martials were pursued? |
| JUROR LEWIS; © Yes, Secor pees aaa
| | MR, MeCONNEL: | Did. that. involve your also being present
at the court martial and testifying or aid you submit written =a
JUROR LEWIS: I had. ‘to be present, 2
MR, MeCONNEL: You had to be present and testify. And on
how many occasions did you do. that, sir?
JUROR LEWIS: Only one court martial.
MR. McCONNEL: And, of course, if I understand correctly
I'm sure it would depend on what level of court martial was
involved, but did they receive time in the brigg as a possible
punishment of the offenses which. you initiated? ; |
JUROR LEWIS: Yes, sir, Ba eee *
MR, McCONNEL: Other than that one court martial you
JUROR LEWIS: I was. investigating officer on several ;
incidents.
MR. McCONNEL: Where was that?
JUROR LEWIS: At the Coast Guard Academy at London,
Conneticut.
MR. McCONNEL: And exactly what was your capacity there
at the academy?
_ JUROR LEWIS: I was assistant hospital administrator
for the hospital. By virtue of my pay grade people in that pay
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
(25
@
grade were assigned to investigating officer duty when other
personnel were put on report,
MR. McCONNEL: one And during your tenure there
in London did that lead to the filing. of aw complaints against
eae
any of. the students there at the academy or any other persons?
JUROR LEWIS: Ves" aie, they had what ‘they called —
a Captain’ s Mast. On eo ee and on scweral Bueaeions
chatges were dxopped. ;
MR. McCONNEL: Did that lead to a point of punishment
merely because the Coast Guard Academy is an institution or was
their punishment resulting from Coast Guard ..
JUROR LEWIS: Oklahoma Code of Military Justice.
MR. McCONNEL: Yes, And at London, Conneticut on how
many occasions did you get involved in investigations of that
nature?
JUROR LEWIS: I guess it was a dozen, I don't really |
recall. : : | : -
MR. McCONNEL: And without going into great deal of
detail could you just tell us what range of violations those
covered, narcotics, violence or assault and battery?
JUROR LEWIS: Most of them were minor -- absence without
leave, some destruction of government property.
MR. McCONNEL: And in each of these cases I would
assume that you had to gather evidence and present it to a
tribunal of some sort, is that correct?
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
FO oh renee emerge Pg ot wa eee
QQ a ee Sprint rere tems aN
@
24
25
JUROR LEWIS; L had to interview everybody that was
concerned with it and write up a ‘report that would go to my
commanding officer and then they would decide what to do with it.
MR. McCONNEL: ‘Sort. ‘of a summary proceeding then. Now.
<3
6%
‘then in addition to those are there any outside of London where:
6 |] you were. involved in the enforcement of a-military code or a
Coast Guard regulation?
JUROR LEWIS: There probably were but it would be minor.
MR. McCONNEL: And we touched pretty lightly -- I mean
we've covered pretty rapidly what was some fairly extended matters.
Even though they were minor did any of them ‘involve fights,
assault and batteries or gun play if you recall?
JUROR LEWIS: No wespens -= fights but no weapons.
MR. McCONNEL: All right. Mr, Lewis, I certainly
don't want. to be repetitious., but once again can you tell me that
the fact that you have this sort of background, which is invest-
igative in nature and that the officers. who are involved in this
case, even Mr. Burns and Mr. Baresel of course are investigative
in nature, does this cause you in any way to sympathize or lean
toward their problems to such an extend that you would give them
a little bit of a break possibly if their case fell a little bit
short and because of your background you realize the problems,
the many problems that are involved in gathering evidence and
preparing and presenting a case. Would this cause you in any
way to lean a little bit toward their side of the case and
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
De Oe .-
5 me Par Hee, 7 tye ke
a = @c5 ‘ >
a <a Fee : P
tr a
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24
25
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7
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=
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|
|
—o-- = sane
ree ay ee
|} unconsciously -- I'm sure it would be unconscious, but do you
anticipate that you would identify with them in any way to such
an extent that you feel it might ‘be unfair to Mr. Thompson? )
JUROR LEWIS: I don" t think so, Those investigative
bs
duties were minor as far as my job. eae:
ce MR. McCONNEL: prays _ And basically everything you've
talked about was twenty years ago roughly, is that correct?
JUROR LEWIS: No, when I was on shore duty that was
twenty years ago, When I was at the Coast Guard Academy Hospital
that was three years ago.
MR. McCONNEL: Three years ago. And is there any
|| other type of duty throughout your ‘tenure with the Coast. Guard
that we haven't talked about of this wame nature?
JUROR LEWIS: I don't think so. I don't think any of
it would have any bearing on it, ; |
- MR, McCONNEL: Okay, Mr, Hoebing st
THE COURT: Excuse me, Let's take a recess. Ladies.
and gentlemen, it will be your duty as jurors not to converse
among yourselves or with anyone else on the subject connected with
this trial, or to form or express any opinion about this case
until its finally submitted to you. -If anyone attempts to speak
with you please advise me. Take about ten minutes.
(Whereupon recess was taken and proceedings resumed as
- follows)
THE COURT: Go back on the record. Show the presence of
Penny Maser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 .
tor} Se ee OS ae mere Tee ge w. yore pe yo eee ies ” }
_——-
the jury, the presence of the State, and. defendant. All right, =
mr aime es :
~ WE ar ok
Mr . “McConnel, if you ‘11 continue,
ees
¥ 46 fee RS
MR. McCONNEL : f Excuse me, Mr. Lewis, I’ i revert back
a . aed a were s >
- : ee ‘ 3 a *% =: aie
to ‘you “for just a moment , sir, on one ‘particular area of question-
a a oer
‘ing. ; AS I' ve told Mrs. “Duggan, the mere fact thet you re still
heré on this jury pagel of course you answered in the affirmative,
- Sey Lom SS
gave. the answer yes when the Judge asked you earlier if you would
feel ‘that under the appropriate circumstances, the right things
were shown to you, that you. could vote in Paver of the death ©
penalty. So, I'll ask you at ‘this time, would you say, sir,
that the death penalty should 1 automatically be enforced in every
case where its allowed?
JUROR LEWIS: It depends on the circumstances of the —
Case. oe ae poe rot eae
MR. McCONNEL: You would take the individual circum- —
stances into effect in each case? ae ES oP
: JUROR LEWIS: Yes, “sir, aes | ase
MR. MGCONNEL {2 If oe found the defendant guilty beyond
a reasonable doubt without doing violence to your conscious could
you give life imprisonment as punishment? ne
JUROR LEWIS: Yes, sir.
MR. McCONNEL: So in the event that you would find the
defendant guilty beyond a reasonable doubt in a capitol case, do
you believe that life imprisonment should never be inflicted?
JUROR LEWIS: Well, I don't know the way you word it.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
’
r _ re rere (regs een =~
~ . “X rz Sy : Ze
~<a
24
25
MR, McCONNEL: Well, its just the opposite of the last
question I've asked you. Which is virtually the Same answer, in
other words, you realize that the two forms of punishment for
ar a first degree murder--of course, he can be found not guilty, he
ze ; |] can be found guilty of a lesser offense, but to deal as part of my
duty with the most serious aspect of this case, first degree
qmicer would result in only two penalties; life imprisonment
or the death penalty. What I'm interested in knowing from you,
sir, is the direct opposite of what you were asked earlier, you
know, under the proper circumstances could you give the death
penalty = I’m asking you at this time under the proper circum-
stances could you give a life sentence?
JUROR LEWIS: Yes, under the proper circumstances.
MR. McCONNEL: | Okay. You would consider sitipating
factors that could be taken into consideration?
JUROR LEWIS: Yes, I would.
MR. McCONNEL: Okay. Thank you, Mr, Lewis,
Mrs. Hoebing, I'll ask you -- let's see, we've talked a
little bit about your jury duty, and I believe you said that was
two years ago?
JUROR HOEBING: Approximately.
MR. McCONNEL: Okay. And not to be repetitious, but |
one of the differences about that type case is that as you recall
it didn't take a vote of all twelve of you. Did you have a twelve
man jury or did you have a six man jury for a smaller type of
Penny Moser, €.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
~ ~ eo - ' ~ eo <2 ae ~~ ~ a s v poets, tens —— Ta ead wey ewe ee ee
W
|
—
24
2
‘Hoebing. It happens every time two lawyers pick a jury, somebody
Fe t, 4
civil case? ~~ :
JUROR Ee: J think we had twelve. 2
MR. “MeCONNEL: Twelve. _ Okay. "Then do you recall from
Po ee
eb ae
ou to ) reach | a i verdict™ “probably only took nine? =
3 JUROR HOEBING: eee me ie
‘3 MR. McCONNEL: And do you recall. whether or not you
reathed a verdict in this case? |
JUROR HOEBING: We did but it was a money judgment. —
Yes, we did. } | | :
z MR. McCONNEL: And of course, you're aware that not
every jury reaches a verdict?
| JUROR HOEBING: And you know, on my First jury duty, whict
was -- oh, I don’ t renember, eight or ‘ten years ago, it was a
criminal: case. I'm sorry. i just now -- I mean IL just ah while
we were out L remembered and it was a criminal case. And we ©
reached a verdit in that. That has been. so long ago that I had |
forgotten. I was thinking they were both civii cases, but one
was criminal.
MR. McCCNNEL: Okay. And that's very normal, Mrs.)
thinks of something later on. That is certainly normal and we
don't want to cause you any embarrassment over it.
- JUROR KOEBING: Yes. I know it is serious but you know
how time flows and I was really thinking they were both civil
Penny Maser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
4
¥:
cases, put one was a criminal case.
_could awe been longer _ than that.
i MR. McCONNEL:: Okay.
Api 7 ete
4 “was charged with? a
MR. McCONNEL: Okay. How Long ago was that ma'am,
| ‘the criminal case? ho a Jie :
| eee = zi ps : ane ae Pu
ai ah JUROR HOEBING: 7 Oh, its been I ‘know ten years ago.
| haere nae fe ar
on
It
Its ‘been quite some time ago.
BDO you ‘remember what the person
BS
eae y
Ee
J Pie 4-2 °F P< ™
43 5 >
~ e
-
JUROR HOEBING:
I think -- it was a fight in an apart-
ment and there was several people there,’ I think they were playing
cards and this individual came in and robbed them and I think
7 4
there was a minor injury.
MR. McCONNEL: OS So you were trying a person that
came in and did the robbery?.~.
JUROR HOEBING: Right. Right.
MR. McCONNEL: And was there a firearm involved in that
aa ar 1-2: 4
robbery? — Se pane’ PPE BSS Bee 3 ae eee ar
_ JUROR HOEB ING : Well, there was, but Re think it was
proven that there wasn't any bullets in it. It wasn't used.
‘MR, McCONNEL: Okay. No shots fired?
JUROR HOEBING: No.
MR. McCONNEL: And did you reach a verdict in that
case? | ae
JUROR HOEBING: Yes.
- MR. McCONNEL: Okay. Then of course, you're aware,
you're certainly aware now of the differences of the two types of
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
- ANADARKO, OKLAHOMA 73005
(405) 247-3671
a ET Pen mee
\ ; . pte
fo nee mee ner an arene 9p ens
‘@
: | A | oa
‘* : « . . a 4 .~ ‘ ’ S
cases? Pane ae Le ee es
“4 . re : tg vf eth ee fags = , -
3 . : 3 . Ras. 5 - F *
JUROR’ ROEBING; Yes.
MR. McCONNEL :: | And you S cokabl + remember in that case
[chat it took all twelve ‘of you,, “whichever way your verdict went
it took all twelve. of you to reach ‘that verdict. oe a
JUROR HOEBING: Weary Sees : ce
MR. McCONNEL: Was there anything about that wiperience
Mrs. Hoebing, that was unsatisfactory in anyway Or ~ «bittered you
with law enforcement or the system of justice to an extent that it
would effect you here in this case this week?
JUROR HOEBING: I was impressed. It was my first time
in court and I thought it was -- no, there wasn't.
MR. McCONNEL : Okay. And once again, you've lived here
a substantial number of years so I assume that was here in Grady
County? | |
JUROR HOEBING: Yes. a :
MR. McCONNEL: “And Mr. Burns has told us he's been here
nine years so I assume “that he was not involved in the case?
JUROR HOEBING: No, no. |
MR. McCONNEL: And you don't particularly remember any
other members of his staff that were here still that you've seen
JUROR HOEBING: As I go in and out of the courtroom I
see people that I know, but I can't put names to them.
MR. McCONNEL: But you don't see anyone involved in that
~
case, is that right?
Penny Moser, C.5.f.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
SO TL ge CTS OE TN ay IES 8 5 eatin Cen i ound eit ae —
Ore ee COE Ee Me ew remewes
_ |[where, ma ‘am? a ae
Hoebing, as I've been asking the other folks,
No, no...
#5
JUROR HOEBING:
MR. McCONNEL: Then your, husband's body shop is located
x wks = Sy
JUROR HOEBING: On Kansas.
_ MR. McCONNEL : And has he ever been the victim of any
pilféxage or break- in over there that you know of?
JUROR HOEBING: No, just off the lot.
MR. McCONNEL: Off the lot?
JUROR HOEBING: Well, a battery. They've stole batteries
before. | |
MR. McCONNEL: Was ‘there anything about his business
that you ean recall that would have lead to anybody being arrested
and put in jail and prosecuted down here at the courthouse or over
at city court? | | ae ;
JUROR HOEBING: He has a little, minor case going eine
now that's not in court. Its just a matter or his attorney writing
a letter to someone that owes him for a job.
MR. McCONNEL: Oh, its not really a theft or a crime?
JUROR HOEBING: No, no.
MR. McCONNEL: All right.. Then I'll ask you, Mrs.
by virtue of the
fact that you're still seated here when the Judge asked you the
earlier question about the death penalty. that --
You indicated
I think your answer was yes to the question the Judge asked you
earlier in regard to your qualifications to sit on a jury panel
Penny Maser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
1 qualified to assess: the. death penalty. | I'll ask you if you believe
2. and feel that the death penalty should automatically be enforced
cet gee: SUL. in every case . where. "its. “allowed? © aad
ee oe wigs pe is) j tage: : ai a5 AE be rake : 3 ve é aye ES
ibe JUROR HOEBING: oa PE A Fes
a : |
ce ae Boca ete
MR. “MeCONNEL: So. AT: you. found the “defendant guilty
by beyond a reasonable ‘doubt without doing violence to your oat? }
oe See a
“conscience could you give life ‘imprisonment for this sentence? |
JUROR HOEBING: Under the right circumstances, yes.
- 9 || May IL ask a question? -
10’ : MR. McCONNEL : Yes. a 7
ll JUROR HOEBINC : Is that the only two punishments for
; 12 first degree murder? “Life imprisonment or the death sentence?
€ 3 THE COURT: Yes, ma‘am. : : :
ag MR. McCONNEL: Okay. Thank you, ira Hoebing, for your
Eee ae 15 candor with us. Mr. Coulter, I'll move on to you here next. I
ye || will ask you, sir, during this time if you remembered anything —
17 || that we've talked about earlier such as friends or relatives in
ig || law enforcement, prior jury experience that has not come to light
i9 || as far as if you could tell us about it at this time?
ae evr eenges
20° JUROR COULTER: No.
-_ 21 : MR. McCONNEL: Okay. I'm sure, I'm just assuming that
“D -in your experience as lease operator that probably at some time
23 over the last four or five years in the oil boom there has been
24 || some oil theft from leases under which you have had some
‘25 || supervision, would that be correct, sir?
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
25
4
——
Sen
JUROR COULTER: Yes.'°
MR. McCONNEL : Okay. ‘Did any of those thefts result in
aE ie
you having to. “report an incident to the sheriff or a policeman\.
or an ‘Oklahoma State Bureau of “Investigation man?
A ve
; 5 ¢ ;
> ~ *
b ‘ abate 3 ray) res
. 3 H ee, Pi Danae Lirik esis
Ts "s ee ee
x
JUROR ‘COULTER: No , ats didn't Scctr ten ae heaps. ee
MR. McCONNEL: Okay. So you mean it was on a Sun Oil
Company Lease? pene rene ; :
4 JUROR COULTER: Yes.
MR. McCONNEL: And were you acquainted personally
with the lease operator who was in charge of that lease?
JUROR COULTER: Yes,.sir. : :
MR. McCONNEL: ‘Did they ever talk to you to such an
extent that you knew who was accused or who ‘was involved and |
whether or not they were arrested and ‘this sort of ching?
JUROR COULTER: No.) . . i Se
MR. McCONNEL: And the fact that that ae a tose by your
company, sir, that was basically unsolved; does that in any way
leave you frustrated with law enforcement or the system of
justice to such an extent that it might effect your judgment here
today? In other words, do you feel that law enforcement might
need your help to clear up some matter that couldn't be completely
and fully proven?
JUROR COULTER: (inaudible response)
- MR. McCONNEL: Okay. How long ago was that, sir?
JUROR COULTER: Oh, a year ago.
Penny Maser, €.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
MR. McCONNEL: Was that_ more than one or two guns?
JUROR COULTER: Seven.
st
‘ cy
|
ee MR. ‘MeCONNEL: Seven. ‘Okay. And where is your house |
ee | Cana ie Sat, ee eee, :
es JUROR COULTER: “802 ‘South Lach. * | | Pe, |
MR. McCONNEL: Okay. Here in. town. So : fete reported that
‘of course to the Chickasha police? o
8 cue JUROR COULTER: Yes.
os 9 : MR. McCONNEL: And I assume they came out and took
10 |}a report and did an investigation is that correct?
1] | , JUROR COULTER: Yeah, the Sheriff's Office thought
12 || they had the guns at one time but the serial numbers didn't match. |
€ wager ! MR. /-MeCONNEL: Okay. And the fact, sir, that that is an
=a
2 Nee etree ee
144 |} unsolved crime of which you' re the victim, ‘does that frustrate you
15 ||im any way to such an extent ‘that it might effect your impartiality:
16 |jhere in this case?
AEN Soy JUROR COULTER: No, sir,
18 MR. McCONNEL: Were you compensated in any way for your
i9 || loss by insurance? |
20 JUROR COULTER: Yes,
7 MR. McCONNEL: I don't suppose, sir, that in either one
| 22 of these matters where you were personally involved or the other
23 ||matter where you were remotely involved that you got acquainted
24 with any police officers through the investigative process to such
@ 25 an extent that you would recognize them again to speak to them on
Penny Moser, C.5-.R.
| OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
a first name basis?
MR. -McCONNEL :
earlier, Mr. Coulter,
as Mr. ‘Burns has expie
private lives or your private matters of any sort.
JUROR COULTER:
with the theft from | ‘Sun ‘Oil as a 2 public servant here in Grady
‘MR. McCONNEL:
to have heard of -him from one extent to the other.
“2
Well, I see Ron Taylor all the time, but
~
“Okay. ‘Would ‘that have been in connection
ad
42
«
>
‘county? 2
eas a= “eS eas ~ ES | ere as ee é ere SPeS ; x a—i 4? . é > NY ¢ 2, ° Z ve ;
. es JUROR COULTER: Oh, I ask him about cattle and such
if T gee him. "He gets around, :
" Yeah, right, right, -As we talked about
that's going to be a factor with a lot of
folks because Mr. Taylor is a public figure and everybody is going
So, without
Erying to pry a area deal, sof ‘course, none . of these questions
ined to you are an attempt to pry in Aur}
_*
it is just
simply that we're trying to touch on the things that might effect
our ‘case here.
him and you speak to him and evidently know him by name,
The fact that you do know Ron Taylor when you see
if he or
one of his deputies during the testimony in this trial should be
in a situation where y
testimony would it emb
spoke to them?
} _ JUROR COULTE
- MR. McCONNEL:
ou would find that you disbelieved their
arrass you the next time you saw them and.
R:
No, sir.
Okay, You could take their testimony --
in other words the Judge is going to instruct you -- this whole
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO,. OKLAHOMA 73005
(405) 247-3671
case is going to be decided from strictly what comes from the
witness stand. And when Ron. or one of his deputies take the stand
you: can judge them impartially and faixly Juat as if they didn‘ t
have that badge, didn' t have that uniform, and. you didn’ t know
then, is that correct, sir? eee , ee : 3 | as
JUROR COULTER: That's correct. |
MR .McCONNEL: And if you feel in spite of the fact that
you know them and that you're to a certain extent acquainted with
them, if you feel for any reacon that they've made a mistake -and
for any other reason they're not giving correct information,
accidentally or otherwise, could you overlook your personal
relationship with them and disregard their testimony if you thought
that was the right thing to do? | | |
JUROR COULTER:. Yes, sir, .
MR, McCONNEL: Okay, Thank you, sir, Now, Mr. Coulter,
I'll ask you as I've asked the other folks here if you can tell
me do you believe that the death. penalty should automatically be
enforced in every case where its allowed?
JUROR COULTER: I don't think it should be automatic,
MR. McCONNEL: Okay. If you found the defendant guilty
beyond a reasonable doubt of murder in the first degree, could’ you
give life imprisonment?
JUROR COULTER: Yes, I could,
MR, McCONNEL, Okay, I believe that's all I have at
this time, Mr. Coulter. I'll tell you at this time as I would
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
1}
12
; -
oy eat a
>
4
[suet ask you to please indicate ‘by raising your hand, either |
|
“fa
|| mean to indicate to everyone else, at any time that you think of
i_
anything that we "ye discussed that you yould want to change Your
answer ‘to, or something additional, comes to your mind I would.
featching my attention or Judge Winchester ' S ‘attention, and we* a
come back to you and resume our interview, Jy thank you for your
‘candor, aise.
Tne
Mrs, Howard, I just have a few notations here about some
things :I want to discuss with. you which are ‘generally in the same
EO te PROG OES eT
vain as has come gut with eyeryone else, Of course, you're
| acquainted with. Terry Cunningham and Randy Jackson of the Sheriff' s'
Office. And I assume this is through your folks* restaurant :
yp babicatly Or ..,
a
—_
JUROR HOWARD: Well, I don* t know them personally. aE:
just know them -- I say hi to then.
| MR, McCONNEL : Okay, I noticed you "re evidently in
| the same age range that they are. Did you go to school with them.
JUROR HOWARD: No, I think my husband went to school
with Randy, but I‘m not sure. | |
Now, in saying that you're
MR. McCONNEL: Okay,
acquainted with them, ‘or familiar with. them, or whatever the proper'
term would be, would this mean that -- of course you recognize
them and they recognize you when you meet around the courthouse
here or in a restaurant or whatever, but what we're interested
in knowing here in your qualifications as juror is whether or not
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(403) 247-3671
a — "==, ti eee ceo
Bate, toe: feepahe = 52
ee Se
ee mae it eee
EE 8
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fe as 8
10
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tee eae
ec B
pag ee i
aces
ee
rs V7
-
18
| 19
20
21
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23
24
25
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ie
?
you" ve ever say had them’ over to: your home as guests or whether
you ‘ve been to their home as guests and socialized with them to
tA ie
i such an extent that you would know: anything about their business
ie
or they would discuss law enforcement business with you?
*.
that close of a ‘relationship? Re a
Is it
JUROR, HOWARD: No, when I worked we might have seen
each other in the coffee shop but we never talked about work.
MR. McCONNEL:
Okay.
Now, your work was through 0.S.U.
ep 2 2 EES CR TEE
Extension. Is that home economics related?
JUROR HOWARD:. No, I ran a computer on rain gauges and
stuff like that,
MR. McCONNEL: — Okay. So it has never lead to anything
involving law enforcement from the Federal Building across the
weew
street in any way with law enforcement?
|} JUROR HOWARD: No,
MR. McCONNEL : Okay, You said your folks own a cafe
and as we all ape. the duty of law enforcement officers, the.
| sheriff, and city 31 iceman included of course lead them to strange
hours of drinking coffee at night, one thing and another, which
leads them a lot of times to restaurants as meeting places and
so forth. Do your parents -- do you. even know enough about your
parents restaurants to know whether or not they have law enforce-
ment there as a regular clientel?
JUROR HOWARD: Maybe their local one. Their restaurant
-
is not here, its in Ninnekah.
Penny Maser, £.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
ge Bb nodes be Ate Sc aie WR Se oe Sg we
win, Fh, Mind ~
a a eee + eee ene
- >
+ eg
ao
MR, McCONNEL: Tt where? 0
JUROR HOWARD: | Ninnekah, ote
_ McCONNEL;. - Oh, “okay, yeah. eR a
JUROR HOWARD : “My. parents are friends with then, “rtd
“say 1 my "dad was close friends with Ron, “But now rt don' t know hin
well enough. to say he! ‘Ss: a ‘close friend, He’ sa friend, but ‘not
> re
bat Ms eS
eee
MR, McCONNEL: . Okay. so in other words, like you
wouldn' t have gotten out and campaigned for Ron Taylor?
JUROR HOWARD: No; :
MR, McCONNEL;: ‘But you're saying your father might have?
JUROR HOWARD: No, I don*t know that daddy would.
MR. McCONNEL : But now the fact that they're fairly
close friends has never put you in the position of being present
at any discussions about any county fugiess or geething like
that? — = |
: JUROR HOWARD; I don’ t go down there that pith:
MR. McCONNEL: Okay. And | dustin passing I would assume |
that this particular case has never come to light because of that
relationship, has it? ae |
JUROR HOWARD : The only thing I know is from the paper
and radio. | | |
MR. McCONNEL: Okay, How long did you work over there
at the Federal Building all together?
- JUROR HOWARD; I think about three and a half years.
I worked in the courthouse here about ten years ago under the
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
Ae REET CU A re ee ey eT OT ETERS EQ 6 Pe +
agement wea oe wee
5 ele See
i. ae ié. 2
“ Sess: eye yi ~
7% 7” “ae « 2 —
i eS S23 ie - 3H
be 53 stl eg eG}
Pa ae = i:
Pbk cen Q ee
*
.)
24
25
i
j
RE ag FE ae NH
Election Board.
; *
MR. McCONNEL: OKAY And 1 not to belabor the point, ‘Mrs.
Howard, “but t* 11 ask you as i? ve asked the other folks, I
PRESS
7 a
anticipate that Terry ‘Cunningham will be ‘testifying in this case
eaten
‘and Randy Jackson will be testifying in this case and they'11 both
be giving | some testimony that is pretty relevant .or. crucial parts
of this case, Is there anything about the fact that you know them
and are acquainted with them, that your father is a close friend
of their boss, , would you be more inclined to give | @ greater weight
of credibility to their. testimony? In other words, would you be
likely to believe them simply for the reason that they care law
enforcement. people. and they're acquaintances and their boss is a
acquaintance of your father, good friend? Would you be more :
likely for those reasons to believe them than you sould; any
witness. ehac aigar follow them, any witnesses that might cestify
for Mr _Thompson? Would that matter at all?
JUROR HOWARD: No. Be |
MR. McCONNEL: ia not matter. Okay. And you
could tell me that if you found it necessary within your conscienc
for any reason to disbelieve their testimony or to disagree with
their Findings; it wouldn't embarrass you in any way the next time
you saw them?
JUROR HOWARD: No, no,
: MR. McCONNEL: Okay. In closing, Mrs. Howard, I'll ask
you as I've asked the other folks if you would believe that the
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
+e : 0 re er gn reer
i
'
S
i
Re eNO we ES I GONE MS Se URN eee
v3 Panny Bob SR TS. : Re 9 ip a Be
* a Kat - . :
4s
a“ ed 7 rae Ye ek ORES gga | i
‘ ee | | death penalty should automatically be enforced. in every case where
24
25
it is allowed? 2
pie JUROR HOWARD: No, I “don' tae | a
: MR, McCONNEL: “Could you, if you found the defendant
guilty beyond a reasonable doubt, give life in prison? — f
six.
JUROR HOWARD: Yes,
MR, McCONNEL : Potay™ Thank you, “Mrs. Howard.
4 Mr, Sumner, we've all just about worked you ovér pretty good
already, I'll try to just touch. briefly here without being
repetitious about any of the matters that we've discussed earlier
with you. During your time with public service did you ever
become aware of any thefts out along the. -~ in other words
utilities that were involved, did you ever become aware of any
transformers being stolen or any wire being taken, that sort of
| thing?
JUROR SUMNER: Some copper wire, tools, ot
MR. McCONNEL; Okay; And in chore: instances did any .
of those happen directly to any area which was under your super-
vision, sir?
JUROR SUMNER: Well, at that time it wasn’t under my
supervision, |
MR. McCONNEL: Okay. What was that, a theft loss of
some sort?
JUROR SUMNER: Yes,
MR. McCONNEL: Where was that, sir?
Penny Maser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
. ANADARKO, OKLAHOMA 73005
(405) 247-3671
ST Ee more ae cay state dal
eee
24
25
i
JUROR SUMNER: Well, the copper wire was out south of
Chickasha here, 4 ? . | oi
MR. McCONNEL: How long ago was that, sir?
‘
JUROR SUMNER: “About six years ago. i.
MR. McCONNEL; And did that involve you having 4 to eE6liow
4
‘Up. on at in any way to determine how much. was lost. OX ees
JUROR SUMNER; No, no,
MR. McCONNEL: Okay, Didn't even make a written report
on it. And how did you become aware that -- had someone come and -
talked to you about it? :
JUROR SUMNER: When we got out to “the warehouse.
MR. McCONNEL:. When you got out to the warehouse?
JUROR SUMNER; Yeah.
MR. McCONNEL: Was it a material that you would have —
used? oe : 3 :
¢ JUROR SUMNER Yeah, 3
MR, McCONNEL: And do you know whether or not that
incident was ever solved ae té who got it?
JUROR SUMNER: No,
MR. McCONNEL; No one was ever arrested that you know of?
JUROR SUMNER: Not that I know of,
MR. McCONNEL: And is there anything, Mr.Sumner, about
that incident that is frustrating to you to such an extent that
you're frustrated with the system of justice or system of law
enforcement that would effect you in any way here in this matter
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
niet ee pee ee, ee — = s ee ee eee ee ee YS — ~~ ee “ee oe oe we oe, ON
this week? |
JUROR SUMNER: No, sir.
—e MR. McCONNEL: And I don't have it noted, sir, as to.
OE || whether or not your wife was employed outside the home?
*, Xe
-
ate oe 3
ses ei Ys
ceva : :
A ie Si Sw aS
> + : a4?
in .5
ae i.
. Bek 7’
a : : ‘
fc
JUROR SUMNER ;. No. ae Greig: ee : a
MR. MeCONNEL: ‘She is not? :
MR. McCONNEL: Okay, So then I'll ask you, Mr. Sumner,
if you believe that the death. penalty should automatically be
enforced in every case where its allowed?
JUROR SUMNER: No, sir. |
MR, McCONNEL: And could you, if you found the defendant
guilty, beyond a reasonable doubt, without doing violence to your
conscience, give life imprisonment? a
JUROR SUMNER: ‘Wea’ air,
MR. McCONNEL: Okay. Thank you, sir,
Okay. Mr. Brooks, I‘1l continue with you up here while I'm
talking a little bit louder this way, In the same regard that
we're talking about to Mr, Sumner, Mr, Brooks, in your profession
it probably leads you to being out around oil rigs and leases
and that sort of things, heavy equipment and trucks. Have you
ever had occasion to find out, with your company or the company
which you represent, that there has been pilfridge or theft
and that sort of thing in connection with any of these areas?
JUROR BROOKS: No, I haven't, I basically work out of
Penny Maser, €.5.f.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
5 a ata 2 aes ATS Ee ~ nt aconcrn deeb eee N gD ee ee eT eee aint ate
‘ : : j
the country. ie oa
MR. McCONNEL: Okay. | You travel out of the continental
United States you mem 9 ae
Y ae, eo: ?. SS fe
ee 2 oa 228 a “ ald ad oie
Sg) 41 JUROR BROOKS:: Yes, =
3 6.ié Middle East?
23
24
2 = df= 3 , Aa,
as “= $
MR. HecONEL: Okay. And where does that leave you, the
JUROR BROOKS = South America and. As ia.
MR, McCONNEL: Okay, And in those various travels you
would say at no time has there been any particular noticeable
theft? There has never been any substantial loss that directly
involved you in any: way, six? |
JUROR “BROOKS: No...
MR. McCONNEL; Okay. And while I‘*ve been reviewing and
reitterating with some of the other folks, have you happened to
think, sir, of any related garters. we may have not touched on
such as a relative in law ca eotceuane’ or a ‘close friend in law
enforcement, anything that I've Atacuksed with the other ladies
and gentlemen?
JUROR BROOKS: No.
MR. McCONNEL: Okay, Then, Mr. Brooks, based on
everything you know about this case at this time as you sit here
and look at Wayne Thompson is he in your eyes innocent at this
time?
- JUROR BROOKS: Yes.
MR. McCONNEL: And would you continue to hold him to
Penny Moser, C.5.R.
‘ OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
Oe re re mee ae =»
Paty tM bad
jos
fon)
~ 23
24
HS
be innocent throughout this entire trial until such time as you
would find him guilty beyond a reasonable doubt? )
| JUROR ‘BROOKS: ‘Yes, | ae ae |
MR, McCONNEL: _ And BE you had a doubt as ‘to his. guilt
if its reasonable to you would you resolve that doubt in his
| favor? © Ree: Bets 3 pee. ts
“ss
JUROR BROOKS: Yes, ~ :
MR, MLCONNEL: Then I'll ask you, Mr. Brooks, do you
believe that the death. penalty should automatically be enforced
in every case where it is allowed?
JUROR BROOKS: No,- ea ae .
-MR. McCONNEL: Could you if. you found the defendant
guilty beyond a reasonable doubt without doing violence to your
conscience give life in prison? | <<
JUROR BROOKS: Yes, 4
MR. McCONNEL: Okay, Thank you, six.
| Mr, Jones, among the several notes that I've written down
here concerning questions and issues that have come ap in your
regard, the first thing that I have is that you're acquainted
with. Randy Jackson?. |
JUROR JONES: Right,
MR. McCONNEL: And he's going to be a fairly important
witness in this case. Now, I'll ask you as I've asked some of
the other folks here who have various degrees of acquaintancship
-
with Mr. Jackson and Terry Cunningham and Ron Taylor and so forth
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 :
— remem . oS Re te ee SO Te “NYY pos. mee “pe --
would | you describe priefly for us, "you 've “told us earlier today
basically what your relationship is with. Randy Jackson, could you
oe
review that for me at this time? ee :
ne Lee : es Rb Ye
As JUROR JONES: When we moved to town we > bought their
OMR. McCONNEL: Okay,
JUROR JONES: ' We had dinner a few times during that time.
He waa not in law enforcement at that time, Since he's been back
with. the Sheriff's Department its just a passing «> say hi if I
see him kind of thing. | 7 |
MR. McCONNEL: Okay, Which. company do you work for in
your sales equipment? 7 |
JUROR JONES: Griffith, oe
MR, McCONNEL: _ Okay. Now then in opine in touch with
Randy did this just happen by coincidence or. do you make an
effort to contact him at various times? 3
JUROR JONES: No.
| MR. McCONNEL: Okay, And so the times that you've
had dinner with him, was that in your home or his home?
JUROR JONES; Out. |
MR. McCONNEL: Out. Okay, And those at all times were
kind of before he became a deputy sheriff? — |
JUROR JONES: Yes.
° MR. McCONNEL: Okay, Now part of his involvement in
this case would be as-a diver. Did you by any chance ever engage
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
A OR OR ee ERE PIN meee |= eRenO Ae oat
: JUROR. JONES: No. wed igh 8 | ce
. wa Moconset Oe be you still own this home that
> 4 [you bought from Randy? 5 Re Aaa : grow
es Cae : JUROR JONES; “Yes; ea By 3 an 3 ve cee
ES . OM. McCONNEL: And I believe that was what a year and a
24
ORE 55
with him in any aquatic sports? ©
fee os
half ago that you moved here?
re JUROR JONES: Yes.
MR, McCONNEL: And my notes show that ‘he‘s the only
person you're really acquainted with in law enforcement?
JUROR JONES: Yes.
MR, McCONNEL: Okay, Mr. Jones, I‘1l ask you if you
believe the death penalty should automatically be enforced in
every case where. its allowed? | | 2 |
ws
_ JUROR JONES : No.,
MR .. ‘McCONNEL: Could you if you found the @efendant ‘guilty
beyond a _reasonable. doubt without doing violence to “your
conscience give life imprisonment?
JUROR JONES: Yes.
MR. McCONNEL: Okay, ,Thank you, sir.
i. Mr. Hamstead, we talked earlier to a brief extent about some
‘
of the matters that have come up in the nature of criminal
violations in connection with your business down in Rush Springs.
Could you elaborate on that just a little bit, sir? Did you
ever have say a theft of an entire car?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
ee ee — JP fe
: ae
~~ 4 |[ no clues, The time before that we had a ‘vehicle that was vandal-
and $6200.00 worth of tools. and equipment were taken. | There were
‘ized for about $1000. 00 worth of parts ‘taken off the vehicle. We
did Find who took them but we. couldn’ t find enough facts to ba
JUROR HAMSTEAD: The most recent theft that. we've had
was about forty- -five days ago. | “We had ‘the body shop proken into
Sh
7k
23h SF se
prosecute them. |
MR, McCONNEL: Okay. In regard to the last matter you
talked about, the $1000.00 worth of parts being taken off your
car, do. you mean that that actually lead to someone being picked
up and arrested and put in jail? i .
JUROR HAMSTEAD; They were picked up sind in fact admitted
to the crime but it came to a point where “I had to decide whether
I wanted to take restitution or go to court with a ate wat
probably couldn't win. And I took restitution.
MR. McCONNEL: Okay, “and that was how ioe ago, ‘six?
JUROR HAMSTEAD: About a year ago. :
MR, McCONNEL: Okay. Who was involved in the investi-
gation of that? Was it the county authorities?
JUROR HAMSTEAD: Yes. |
MR. McCONNEL: Do you happen to remember the name of.
the deputy? |
JUROR HAMSTEAD: Joe Lockett.
- MR. McCONNEL: Okay. Did Joe eve bring anybody with
him, anyone else that you can call by name?
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
en enee-a.t> <a> <i sed enneaiiin quan. = . 2<. ~etirevexe & a eae 8.6 « sere won ews
——_— ~———™. .. 5 )
? , Pi 27
svig :
. 24
25
oye <°
y sy
. 4 -y
JUROR HAMSTEAD: Oh, “the local chief of police, although
ex 5 Se,
7?’
we' re not in Rush Springs city Limits.
- oP:
"4 ; " | MR. McCONNEL : Then in regard to the body shop theft
ei and the "$6200. 00 worth. of tools, how was ‘that resolved, sir? Was
is 5 Wz any ‘suspect ever arrested pe apprehended’ |
' JUROR HAMSTEAD: No clues. ; |
MR. McCONNEL: se How long. ago was that?
JUROR HAMSTEAD: About forty-five days ago.
MR. McCONNEL: I'm sure this could go on and on but
are there any other similar incidents? , |
| JUROR HAMSTEAD: How far you want me to go back?
‘MR. McCONNEL: Well, you might just tell us if there is
one more.
JUROR HAMSTEAD: All right. The time before that the
paint shop was broken into and an undetermined amount of tools”
were taken, Most of them belonged to -- they were my personal =
property and the employees tools were not bothered with, so I
assumed that it was probably a former employee that was upset
about something. 3
MR. McCONNEL: And were there any arrests made as a
result of that? |
JUROR HAMSTEAD: No.
MR. McCONNEL: Okay. Mr. Hamstead, this is obviously
. .
a very frustrating set of circumstances I'm sure. Of course, what |
we're interested in here today is whether or not this has eroded
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(40S) 247-3671
14
24
25
i
|
your faith in the system to such an extent that you “would change
‘circumstances here in this proceeding ‘this, week. ‘In other words
a ee As: ’ rs
do you feel that because of ‘those facts and those. circumstances
‘that you would decide’ this ‘case differently this week for any”
reason than you would if that had never. happened to you and. the
shop had never been broken into ‘and your tools had. never been
taken? : |
| JUROR HAMSTEAD: That's a difficult pucstion. I don't
think they would. I think that I would look at the facts anc
make a judgment on the facts. - |
MR. McCONNEL: Dkay: _ To save time. rather than Zo
situation by situation through each one of these nieGims tanies *
could you estimate for us how smany incidents, total tneidenté,
of this: magnitude that’ you have been the victim of since you "ve
been in business in Rush Springs?
JUROR HAMSTEAD: Five or six.
MR. McGONNEL: And that's over -- I believe you've been
here six years? |
JUROR HAMSTEAD: Almost six years.
MR. McCONNEL: And those would be fairly spread out
evenly? |
JUROR HAMSTEAD: About once a year.
- MR. McCONNEL: And once again, not trying to be repeti-
tious but where we left the issue I believe as it effects this
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 .
a a ec aie expt ls at ee, ae, a ae ee rt ot tien ae peers. eth ~ eee oe reewermenrewee --94
your. original ‘decision, or the decision you might make under other
————————————————
=»
case I think you said it would be difficult to BBY _I know that
we ‘re talking about | a lot of things that are going ‘to happen this
“oe
week and I can't stop right now and tell you all the ‘different
things that might be coming up. Lets just ‘suffice ‘to say that
“there might be some frustration in this case on the part of some
‘of ibe officers because they did not fully come up with something
{ he
|
‘they were trying to . £ind,. that they: could not ‘fully | come up with
some evidence or some statements that they might need. Would you
sympathize or empathize with them to such an extent that you might
give them a little slack that’ they would not strictly be entitled
to under the law? :
JUROR HAMSTEAD: I don't believe so. :
MR. McCONYEL : You're telling me that you could sit
aside your personal experiences, in other words, that if you
‘traded places with this young man, you were sitting in his seat
and yet you could leave your mental state with a person who sat
in that chair would you be willing to have that case decided by
someone who is in your position?
JUROR HAMSTEAD : I don't know if that's a question I
can answer. You're asking me can I put my emotions aside and
| Judge this case only on the fact and I believe I could. I would
have to, the results of what happens here are too great.
MR. McCONNEL: Okay. And I realize you qualify your
statement somewhat by saying that this is of course a very
important case. And, of course, I'm sure that anybody that's
Penny Moser, £.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
a an a eres - . ye
Fy a
: .
< “ 1
2 a -
Ss +
A
experiences might have on this case?
“ever?
facing time in prison considers it important. _ But as: you said~
here we "ve got the possibility wherein the State is » asking for. the
death penalty and of course that’ S a. very, very. serious matter.
=< ae se
<2
‘And you would tell me that you do feel . you could sit aside you :
personal feelings or any personal influence that your past
Se JUROR HAMSTEAD : Yes.
~ ry. oe ge)
Pat phe
ot EE
MR. McCONNEL: You also mentioned earlier, Mr. Hamstead,
during part of the voir dire that you've had some military
experience with firearms. My particular point about which I
would wish to inquire would be whether or not that would involve
enforcement of the military code, or regulations such as the
military police? ce
: JUROR HAMSTEAD: No.
MR. McCONNEL: Your experience in the military did not
ever involve the arrest of any persons for any violations whatso-
JUROR HAMSTEAD: No.
MR. McCONNEL: I'1l ask you, Mr. Hamstead, if you believe
the death penalty should automatically be enforced in every case
where its allowed? | |
JUROR HAMSTEAD : No.
MR. McCONNEL: And could you if you found the defendant
guilty beyond a reasonable doubt, without doing violence to your
conscience give life imprisonment?
Penny Moser, 0.5.f.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
. eS
ww Fn
—
=e
| JUROR HAMSTEAD: Yes, sir.
MR. NcCONNEL: ‘Okay. Thank you. .
ras
Mr. Dorman, one of ‘the ‘things that come te ay oe is your
“occupation with Southwestern Bell in ‘connection with some of the
IDM
St Sartor
r
‘discussion we got into Sith Mr. Sumer. Do you ever have occasion
to become aware of pilfridge and ‘theft, you know, of copper wire,
“transformers or other apparatus of that sort?
JUROR DORMAN: Yes, sir.
MR. McCONNEL: Okay. Has any of this ever happened
within a significantly recent time on: an area of supervision under
your control? | | | |
JUROR DORMAN: No, sir. ©
MR. McCONNEL: Has anybody in this particular division
~~.
of your area around here with Southwestern Bell advised you: Of:
losses which you've become aware?
| JUROR DORMAN: Just in the past I've been aware éf
copper-wire and such. i |
MR. McCONNEL: Did you ever get involved in the
investigation of those thefts? Did you happen to make out written
reports?
JUROR DORMAN: No, sir.
MR. McCONNEL: Did it involve the theft of any material
which you would have used?
JUROR DORMAN: Yes, sir.
MR. McCONNEL: Okay. So was it taken from a warehouse
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
es eee eee
aH y
24
@
25
to: galk to law enforcement officers about the offense?
thing about this case, anything in that regard?
out in the field or what? eee oe a8 Fie
JUROR DORMAN: — _On the. line itself.
ap |
at
MR. McCONNEL : Right down on the Lien. Okay. Were you
+ ERAS SS.
Seis a ete
nvolved in having to replace. it?
‘JUROR DORMAN: “No, sire as =
MR. MeCONNEL : _ Okay. ‘Did it in anyway lead you to have
JUROR DORMAN: This happened in - another district, in
Lawton: |
MR. McCONNEL: And approximately when did this happen?
JUROR DORMAN : Approximately five or six years ago.
MR. McCONNEL: Okay. And is that the ohly theft of
that nature in which you've become aware in connect fon with your
employment, sir? | "s | 3 |
JUROR DORMAN: Yes, wis.
MR« McCONNEL: © Well; Mr. Dorman, oe il kind of stop just
a minute to review with you and see if there is anything that has
come to mind while I've been talking to the other Ladies and
gentlemen here about matters that we've covered earlier, that you
have already basically given answers to. Is there anything now
that we've covered that you've thought about upon reflecting during
the afternoon here that you would change at this time or add
to possibly, such as relatives in law enforcement or hearing any-
JUROR DORMAN: No, sir.
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 ;
(403) 247-3671 |
——— 2 Sot me - ~ ee Pe ae . es “ “fe, eadeetel eT sr
H
eee arene ene eerreeee en
|
i]
‘geographical areas that 1! 've ‘talked about?
MR. McCONNEL: And I don't suppose that any of your
endeavors in your employment, would have lead you to these
3 ‘In other words up
here three miles north of the courthouse at the Washita River
Bap
‘where it. curves aroun that way. “We have a residence of Possum
; Brown, do you ever remember doing any service work in ‘that area?
JUROR DORMAN: I've worked all over this- county ‘but
I‘m not familiar with that area you're talking about on the river.
-
And also this area oat here east
MR. McCONNEL: Okay.
of town about a half mile on the east of the H.E. Bailey Express
way. Is that in anyway strike you with being an area with whic
you're unusually or particularly familiar right there under the
bridge where you just go on out Choctaw and go on across the
bridge across the Washita there? ma :
“JUROR DORMAN: I built a line across the river free
about five or six years ago.
MR McCONNEL: And so how much time approximately did you
spend out there in that particular area?
JUROR DORMAN: Two days.
And since that time you
MR. McCONNEL: Two days.
haven't had an occasion to go back out there and do repair work
or anything further on that?
JUROR DORMAN: No.
Mr. Dorman, I'll ask you then,sir,
- MR. McCONNEL: Okay.
if you believe that the death penalty should automatically be
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
"enforced in every case where its allowed?
JUROR DORMAN: No, sir. 3 B |
MR. McCONNEL: Could you if you found the ‘defendant
guilty beyond a reasonable doubt, without doing violence to your
“conscience, ‘could you give life imprisonment?
i Ms *
~ oP sow ot
4 ost ie»
ett Se & . &
ie dete =, es ; . tn
a e st i> *
«
JUROR DORMAN: Yes, sir,
iJ i et on
;
:
, she Se = ‘ . « -— . . ¥. . -”
MR. McCONNEL: Okay. Thank you, sir.
Mr. Conner, one thing: that comes to-my mind immediately, sir,
is it involves your service with Tinker Field. I sanume that was
of course as a civilian employee?
; JUROR CONNER: Yes.
MR. McCONNEL: And I realize there is an awful lot of
departments up there. The only thing T'was concerned about at all
was whether or not you were involved in any kind of department
that was involved in enforcement of regulations?
= JUROR CONNER: Just worked on the line, —
MR. McCONNEL: On the line. Okay. “And. when did you.
retire from Tinker, sir? :
JUROR CONNER: I think it was ‘61. 3
MR. McCONNEL: Okay. Did you ever have any government
service other than Tinker Field? |
JUROR CONNER: No.
MR. McCONNEL: Okay. And then -- so your farming
operation is located over by Tuttle then?
JUROR CONNER: Yes, uh-huh,
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
Lk 0s eee ek, oe BR, ea
1
2 | been involved in these areas that we "ve talked about? |
24
25
i
| is your first time? ;
HPs pty oe rss SS
MR. McCONNEL : Okay. Then Td .e never particularly
L JUROR CONNER: No, no,
3 MS: Bessa
#F°
As
MR. McCONNEL: — “Okay. a believe you have not indicated
“to me that you have ever ‘been 0 on ‘a jury of any "type before. This
Tes
ehe
ER
Ces
JUROR CONNER: Very first time.
MR. McCONNEL: . Based on everything you know about this.
case at this time, Mr. Conner, everything that you've heard, seen,
and that you would consider here in praet trial this week, is
Wayne Thompson innocent at this time as far as you’re concerned?
| JUROR CONNER: Yes.
MR. McCONNEL: Would you continue eebastder him
cr
innocent throughout this entire proceeding unless yor "re convinced
| otherwise beyond a reasonable doubt?
JUROR CONNER: Sure, 3
MR. McCONNEL: And if nobody convinces you beyond a
reasonable doubt that he's ‘guilty would you vote ..,
JUROR CONNER: I'd vote innocent,
MR. McCONNEL: Okay. Thank you, sir, Well, then I
| will ask you, Mr. Conner, if you believe that the death penalty
should automatically be enforced in every case where its allowed?
JUROR CONNER: No, sir, I do not,
MR. McCONNEL: Could you if you found the defendant
guilty beyond a reasonable doubt, without doing violence to your
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 7300S
(405) 247-3671
DL ade Sy ie
Tae xt
pattie
————_
24
25
‘teaches?
—— ee oe RE ore
conscience could you give ‘life imprisonment? |
- JUROR CONNER: Yes, sir, I could.
MR. McCONNEL : Okay. ‘Thank you, sir,
Ee Ls be
ra) Septet
a aS
Mrs. King, we get you last but not least. t believe you said
that 3 your son in Tallahassee, “Florida, ‘I believe you said he ~
“JUROR KING: At Florida A &M.
MR. McCONNEL: At Florida A&M. Okay, Do you know
what subject he teaches by any chance?
JUROR KING: Music. | .
MR. McCONNEL: Music. Okay. All right. Is there
anything -- you were questioned quite at length. earlier, is there
anything you can think to tert us in addition to what you told
us already that might effect your qualifications to sit here in
this case this week? |
JUROR KING: No, sir. ee ae -
MR. McCONNEL: I believe earlier you indicated you were
not related to anybody in law enforcement?
JUROR KING: No.
MR. McCONNEL: And have you ever been the victim of a
crime?
JUROR KING: No.
MR. McCONNEL: No one has ever broken into your house
or stolen your purse or anything like that?
JUROR KING: No.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
—s wire «pipe -~@ a@ -° te Teer «+ pae — fy (NR
rece bs ne
: 24
25
4 Chickasha?
MR. MeCONNEL : You advised us that of course that you
are retired now, when you did work did you work mostly here in
JUROR KING: ene 6 ieee es |
MR. McCONNEL : : Did any of this work lead you to become
(405) 247-3671
TN ne trea
“acquainted with any members. of the Thompson family, William Wayne
H ‘Thompson, or his mother borothy Thompson or his father, J.B.
| Thompson, Sr.
: JUROR KING: No. - | :
‘i MR. McCONNEL: | Okay. And also through working around
| town did you in any way become acquainted with the alleged victim
in this case, Charles Kpene: or his parents who I believe lived
here for a short period of time a few years ago? _
| JUROR KING: . No. : ; : :
MR. McCONNEL: “Well, Mrs. King, I'll ask you as I've
asked the other folks, do you believe that the death penalty
should ‘automatically be enforced in every case where its alioueds
JUROR KING: No. |
MR. McCONNEL: Okay. Could you, if you found the
defendant guilty beyond a reasonable doubt, without doing violence
| to your conscience, could you give life ‘imprisonment?
JUROR KING: Yes.
MR. McCONNEL: Okay. Your Honor, at this time lI believe
i'll pass the jury for .cause.
THE COURT: State's first peremptory challenge.
i |
Penny Maser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73008
24
25
ae Clerk will call a “pew Juror
MR. BURNS: State would ask that Mr.. Jones be excused.
THE COURT: All right. Mr . Jones, you may be excused.
IT | would ask that you come, back Wednesday . at 2 9: 00 ) 6*clock. ak
j i or
~ CLERK: Richard E. ‘Darrow, DARE OM
_ THE COURT: How are you, Mr. ‘Darrow?
JUROR DARROW: Fine. : ; es
THE COURT: I' 11 point out first, you'll notice the
Information that is filed in this case is against Wayne Thompson
and three others. The case now on trial at this time is only as
to Wayne Thompson - And it is the guilt or innocence of Wayne
Thompson that you're concerned with: Do you understand that?
JUROR DARROW: Yes.” date
_ THE COURT: Do you aoe Mi. McConnel or Mr. Whompeon?
JUROR DARROW: No, sir. See le oe
THE COURT: Do you know Mr. Thompson's family at all?
JUROR DARROW; No, | fe
THE COURT: The victim in this case is Mr. Charles Keene,}
did you know Mr. Keene?
JUROR DARROW: No.
THE COURT: Or any of his family members?
JUROR DARROW: No.
THE COURT: Mr. Burns or Baresel, do you know either of
those gentlemen?
JUROR DARROW: No.
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
ee
THE COURT: Is the District Attorney.'s Office handling
any matter for you at this time?
JUROR DARROW: No.
THE COURT: Have you read or heard anything about the
*
- ll alleged facts in this case?
JUROR DARROW: No.
THE COURT: Have you had any experience that you feel
g || might effect your consideration in this case?
- 9 JUROR DARROW: — No.
10 THE COURT: You heard the list of witnesses that I read
i: this morning?
2 | JUROR DARROW: Yes,
€ 13 | THE COURT: And when I read those do you recall any of
| “44 | these people that you knew? | ©
5 | _. JUROR DARROW: Ron Taylor as the sheriff; Terry Cunning -
16 || ham as the sheriff*s partner I guess, and that was it.
V7 THE COURT: Other than knowing their names and where
ig || they work, that's all?
19 | JUROR DARROW: Yes.
20 THE COURT: I will instruct you on the law and the rules
21 || by which you are to reach a verdict. Will you follow that law?
22 JUROR DARROW: Yes.
23 | THE COURT: And you can -- can you sit aside any
24 || conceptions you might have about facts or about the law and apply. |
25 || only those that come from the witness stand or exhibits that are
Penny Moser, 0.5.9.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
* ae
* we AS Cy x 7
“ - 4 :
ee) eee tone .
ey Mp tae ST
WS ae ee
| 2 .
24
25
admitted into court and the law that I instruct you?.-
_ JUROR DARROW: NOB,
| THE COURT: 3 The, state has the burden of . proving the
defendant guilty beyond s a | reasonable doubt, will you hold them
_. SUROR DARROW: cS ee a s
THE COURT: WO cies where the law and the evidence
warrant, in a proper case, could you without doing violence to
your conscience agree to a verdict impos ing the death penalty?
JUROR DARROW: Yes.
THE COURT: Tell us a little about yourself, where
you live, how you're employed, same for your wife and children.
| JUROR DARROW: ‘Tam manager of Clayton Grocery, I
have a wife, Karen, who is a nurse in O.R. at Grady Memorial
Hospital, three children, twenty-four, eighteen and sixteen,
THE COURT: And you live here in town?
SORE JUROR DARROW: Live here in Chickasha.
THE COURT: State may inquire.
MR. BARESEL: Thank you, Your Honor. Mr, Darrow, if
you're selected as a juror what do you think your job will be?
| JUROR DARROW: What do I think the job will be?
MR. BARESEL: Yes, sir.
JUROR DARROW:. To react the best I can and come up with
a verdict.
MR. BARESEL: What are you going to base that verdict
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
— ?
County?
on? . Ss z See
| JUROR DARROW: The evidence given by the witnesses.
ae MR. BARESEL : Do. you understand the judge will also
‘give you a set of ‘instructions ‘in this. case? ee: ee
ie JUROR DARROW: ‘Yese, Be ee ioe a mT
MR. _BARESEL:
‘outlines to you?
JUROR DARROW :
MR. BARESEL:
JUROR DARROW:
MR. BARESEL:
JUROR DARROW:
MR. BARESEL:
JUROR DARROW:
close to it.
MR. BARESEL:
reunion in Wisconsin.
and then I owned two liquor stores after the grocery store.
JUROR DARROW:
MR. BARESEL:
JUROR DARROW:
MR. BARESEL:
JUROR DARROW:
MR. BARESEL:
“And where did you come from?
My parents just: got back from a family
What did you do in Wisconsin?
Ate you. | willing to foLlow.the law the ‘judge
ioe
hae
Yes,
Have you ever served on a_jury. before?
No.
How long have you lived here in Grady
Three or four. years,
=
Wisconsin, Madison, Wisconsin, that's
I owned a grocery store which I sold out
Does your wife work outside the home?
Yes,
Where? I heard you say it to the judge
Grady Memorial Hospital,
You said she is a nurse?
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
se weer — - - =" 2 we
ae
be 8
_ 9
10
ll
; 12
-
H
q
Sie a ; b es
1.22 >- 3 5 rN . aks
® Bite Sots ¢
! be. Jie ° sa $ *-
ist Pid PER a? et
| in’ any way?
from to see from Mr.
JUROR DARROW: Nurse in. the 0. R.
MR, BARESEL: Has the course of this trial surprised you
JUROR DARROW: 3
eS: 3
MR. "BARESEL: What do you ‘think wy job is ina criminal
ES oe Pte
Tae wae se ae
oe are 5 ‘ } eS 1 ARE
JUROR DARROW: To clarify -- to clarify — I don't t
ne thow to answer that other than to try to do your job as best
you can I guess. :
MR. BARESEL: What I'm asking you is what do you expect
Burns or myself in the courtroom?
JUROR DARROW: You're. going to prove to us evidence.
MR. BARESEL:
~~
We're going to ask witnesses questions?
JUROR DARROW: Yes,
MR, BARESEL: Get exhibits introduced and introduce:
evidence to you, is ithat correct?
JUROR DARROW: Yes,
MR. BARESEL: Does it surprise | you that » we're also
classifed as officers of the court?
JUROR DARROW: No,
MR, BARESEL: That under the code of professional
responsibilities we have obligations and restrictions to what
we present to the jury, does that surprise you?
JUROR DARROW: Yes,
MR. BARESEL: Would you want a system wherein we'd be
Penny Moser, €.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
allowed to bring forth perjured testimony or to change things to
try to effect your verdict?
ioe JUROR DARROW: Noe
R.. BARESEL: . ‘What do you. think Mr. McConnel' s job a
JUROR. DARROW: | “To defend the witness o-the best of his
I
knowledge, eae I would assume with evidence from the witnesses
in ‘one way or the other. 7 3
on MR. BARESEL: What do you think Judge Winchester's
job is? |
JUROR DARROW: To govern or overrule all of us I guess.
MR. BARESEL: I may want to disagree with you. Have you |
ever heard a phrase before “judge of the facts" or “*judge of the
law", have you heard either cne of those phrases? :
JUROR DARROW: Uh-huh, See Se
MR. BARESEL: Judge of the law is | Judge Winchester, he
gets to decide what evidence:is or isn*t admissable., The other
phrase “Sudge of the facts" applies just to you and the eleven
other people on the jury. The twelve of you get to decide what
really occured last January in Grady County. You get to be the
judge of the facts, he doesn't get to override you, When you go
in the jury room the twelve of you make the decision, Mr.
Darrow, do you think. you're ‘ready to be that kind of person, be a
judge of the facts?
JUROR DARROW: Yes.
MR, BARESEL: Will you listen closely to witnesses that
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73008
(405) 247-3671
i
testify here in court? is
JUROR DARROW; pe eds | |
MR. -BARESEL: Will it make any difference which attorney
‘for the State, Mr. Burns, the District Attorney, or myself as the
er ne | Assistant are asking questions? — we know its kind of a funny
24
25
|
‘question, but will yeu give. less weight to witnesses that I ask
questions of than you would Mr. Burns? ,
JUROR DARROW: No.
MR. BARESEL: And one reason I have to ask that is we
try a lot of cases together and this particular case we're going
to try four times. And we're very familiar with the evidence.
Tomorrow afternoon Mr. Burns has to attend a meeting in Oklahoma
City and he will not be here. Is that in any way going to effect
ae = are es
JUROR DARROW: No. .
MR. BARESEL: You will see me get up and walk in and out
of the courtroom, sometimes talking to witnesses, sometimes to
check on notes, Or sometimes to schedule witnesses. Is that
going to disturb you? |
JUROR DARROW: No,
MR. BARESEL: Earlier you saw the lawyers and one of the
jurors -- three of the jurors up in.a conference up here. And
later on you saw the lawyers up at the bench, We call those side
bar conferences. Do you understand or accept the fact that when
we're up at a side-bar conference that we're discussing something
Penny Moser, 0C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
|
|
24
25
|
$4.5
that - is some kind of law, that we're not trying to hide anything
from you, we’ ‘re just going to get a ruling on whether or not its
$ 3 ‘2 <3
4 <
<s
-
= not = Supposed to.
SALE a8
admissable. Do you understand that?
ER cS Sete we oe ee gale 8,
Se Ce ae JUROR DARROW: Yea, | | ae
| | MR. BARESEL: If you can‘t hear ‘what’ § Bias on your
JUROR DARROW:
MR. BARESEL:
any of the eleven people?
JUROR DARROW:
MR. BARESEL:
JUROR DARROW:
MR. BARESEL:
JUROR DARROW:
MR. BARESEL:
for some reason Mr. Burns and myself decide we're going to excuse
Mr. Hamstead as a juror would you hold that against us that we
perempted a person that you knew?-
JUROR DARROW:
MR. BARESEL:
might decide that he or Mrs.
not be the juror I want, would you hold that against us?
JUROR DARROW:
MR. BARESEL:
Does that bother you?
eG
“No.
Do you know anybody else on the jury panel
Yes, I do.
And who would that be?
—~-
Mr. Hamstead.
And how do you know him?
I bought a vehicle from him.
And if during the course of this voir dire
No.
Do you understand if for some reason I
King, or any one of the jurors might
No,
The decision that you make in this trial
1
as to the guilt or innocence of this defendant -- do you understand)
Penny Moser, €.5.R.
|
|
|
OFFICIAL COURT REPORTER |
CADDO COUNTY COURTHOUSE |
ANADARKO, OKLAHOMA 73005
!
(405) 247-3671 —
fa
Re think the judge has told you the burden of proof is-on us to
prove his guilt beyond a reasonable doubt Do you think that! sa
ie r
ae: %
‘ :
on ce . Ne a a
EES Bo0d, system? Lo ee ea oy
Beer ey : f ai : whe ge Pee ee <
JUROR DARROW: ‘Yes, it ise ee Pp acs ae
OMR, BARESEL: “Are yous: satisfied that that burden of
a premeditated ‘design t to “effect death did cnlauful ly cause the
EB S 3 death of Charles Keene. If I prove that to you beyond a reason-
= 9 aule doubt can you vote guilty?
10 | JUROR DARROW: Yes, I would.
il | MR. BARESEL: If you and the other eleven people had
ali joined together in a verdict of guilty could you participate
with them in deciding whether you're going to assess the death
penalty or life imprisonment
JUROR DARROW: Yes, I would,
. <)> ie) a ee! ae ie (Re le ee ee... ee
MR. BARESEL: I'm not sure some of the questions were
asked earlier or if the members of the ._panel understood that in
a murder trial, first degree, there are two stages of the pro- -
j)
i
o NN &
a0 ee ee ~~ ns
%
19 ceeding. That in the first stage the sole question of guilt or
20 innocence for the crime of murder in the first degree, and only
7 if all twelve of you join together in a verdict of guilty do we
22 |} go into the second stage to decide punishment. And the reason |
23 that is so important is that if evidence is proper for the first
24 Stage it may not be proper for the second stage, Do you under-
@ . 25 stand that, sir, the first issue you've got to reach is guilt or
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
: Soe SI RS OES ee eR ee es > —e. + eg pee ope > prwerrere ele > er eye } |
Pi >
riate, is that correct?
innocence?
RO LR eee OM ae
JUROR DARROW: Yes,
‘eleven other people in assessing, a punishment at it was BPPTOP =.
JUROR DARROW: — ¥ 7
MR. BARESEL: ¥ think you told che jodee that if the
facts and circumstances warranted you ‘could join ina verdict of
imposing the death penalty, is that correct?
JUROR DARROW: Yes, I could,
MR.BARESEL: If you voted guilty = eleven other people
votec guilty and you voted to seen the death penalty and that
is your verdict. “Would you feelulake aie oved anybody an
explanation for the way you voted? : : %
JURCR DARROW: Only myself. I think I could be -- I
believe that would be my opinion. eS is ae em
| MR. BARESEL: Do you know of -any reason why you
wouldn't be a fair and impartial juror? oF
JURCE TARROW: No.
MR. BARESEL: Pass for cause.
THE COURT: Mr. “cConnel.
MPR. McCONNEL: Mr. Darrow, to be sure I've got your
mame right, is that Ds:as in Clarence Darrow?
-_ JUROR DARROW: Yes.
MR. McCONNEL: I could use his help today. And you're
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
MR. BARESEL: * And I think you told me you could work with
the manager of Quinn's Grocery Store? .
JUROR DARROW: Quinn! s Number one.
le ‘s & rs . :
“that ‘this is your first time on “the jury, is that correct?”
JUROR DARROW: In this capaetey yes.
a
&
xe
MR. McCONNEL: /Quinn' Ss Number One. Okay. . I understand
MR. McCONNEL : You preyeious’y tives in Wisconsin.
you involved in any type of jury ‘proceedings up there? It seems
to all be basically the same in every state.
JUROR DARROW: I was involved in two armed robberies.
I was the one that was robbed.
MR. McCONNEL: Oh, I see.
JUROR DARROW: I was on the other side, |
MR. McCONNEL: You were definitely involved in that.
Okay. Now we've got something to talk about. How long ago was
that?
JUROR DARROW: Six yeard ago. and five years ago.
MR. McCONNEL: Two different. times?
JUROR DARROW: Yes.
MR. McCONNEL: Was that Wisconsin? ~
JUROR DARROW: Yes.
MR. McCONNEL: And what city is that?
JUROR DARROW: (inaudible response)
MR. McCONNEL: Both incidents happen there in the
same city?
JUROR DARROW: Yes.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
‘@
24
25
MR. McCONNEL: And I assume from the. fact that you said
there was a trial that there were people apprehended and. arrested? |
"JUROR DARROW: Yes. | 2 3
MR. McCONNEL: ‘On both cases? |
~ JUROR DARROW: ‘Yes,
MR. McCONNEL: Okay. So I'm just guessing that you
were also involved in the grocery business up there, weren't you?
JUROR DARROW: Yes. |
MR. McCONNEL: Handling large sums of cash. I'm sure
this was a very traumatic experience at the time, sir. Did this
involve you in particular having a gun pointed at you?
JUROR DARROW: Yes, it did.
MR. McCONNEL: Not some other cashier, it was you?
JUROR DARROW: Yes. s, :
MR. McCONNEL: And was a gun ever fired in any of these
incidents?
JUROR DARROW: No. e
MR. McCONNEL: And was it basically one person or two
persons? | | oo
JUROR DARROW: Two persons once and one person one other
time.
MR. McCONNEL: Okay.
JUROR DARROW: Is there anything dissatisfying or
frustrating about those experiences, Mr. Darrow, that would effec:
you in this matter?
Penny Moser, C.5.F.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(40S) 247-3671
24
25
4 2 43 ee eu Se »
JUROR DARROW: No... | | s
MR. McCONNEL: | Okay. It didn’ t leave you with a sense
of frustration about. ‘law enforcement or the system of justice?
aa fo gee
JUROR DARROW: coe
+ r *
MR. McCONNEL: Now I' m sure you. ears’ sitting Shave earlier
‘and you saw ‘this lady earlier, ‘Mrs. ‘Jordon, who stated that the
proceedings that would be ‘Eeonahing during this trial, pictures
or whatever it might be, ‘would effect her to such an extent ‘that
she wouldn't feel she could sit effectively as a juror. I think
we can all generally identify with what she's talking about in so
far as how it would effect physically. Would this fact that you
might relate: ‘back to the feelings you felt at the time -- in the
event we get. to Etages of. this trial where we talk about guns ,”
people having guns, guns being fired, that sort of thing. Is this
going to effect you and cause you to have unpleadant memories
in this regard? _ | : . ) =
JUROR DARROW: I wouldn't think it would. Its something
I'll never forget , but ... | ;
MR. McCONNEL: Okay. I'm sure that the courtroom
proceedings that have been involved in this matter; you've
probably been over those many times. Is that correct? Preliminary
hearings and then jury trials and then one year later another
incident with more preliminaries and jury trials so it is probab! |
not what you would call a repressed memory. It didn't just happen |
!
and you forgot it. It stayed with you for a year or so each time
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER \
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 j
(408) 247-3671
24
25
i
}
as it went through court, is that right? — = -..
JUROR DARROW: Yes , sir. |
MR. McCONNEL : So- in a manner of speaking you're fairly
you' ve had to live’ with it £8 uch | an extent “repeatedly that
in other words you "re not going to be particularly shocked this
time because of your prior experience being in court won't effect
you that much? | ,
JUROR DARROW: No, sir. |
MR. McCONNEL: Okay. And to make sure that we've
covered that aspect of your history conclusively, has anything
like that happened since you've been here in Oklahoma or here in
Chickasha?
JUROR DARROW: No, |
MR. McCONNEL: And we've been talking basically up to
now about job related incidents. ‘I assume we also haven't:
had anything from a personal standpoint such as a burglary of your
home or your auto, anything ~ of that nature? tee
JUROR DARROW: No, sir.
MR. McCONNEL: Now I also assume, sir, that even though
comfortable with it I assume.— “Although it is a traumatic experience
you didn't sit, you've not been a member of the jury that actually
goes back to the jury.room and makes a decision, you became quite
familiar with the proceedings and what transpires and what will
probably transpire here today?
JUROR DARROW: Yes, sir.
Penny Moser, C.5.R.
' OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
(@
atu
MR. McCONNEL: And you became aware that this type _—
proceeding -- well. let me ask you this, did you have occasion to
| be involved in any type of civil proceeding where Law. suits were
we ie
: brought for. money or property? Re
JUROR DARROW: No.
MR. McCONNEL: Were verdicts reached in both of those
JUROR DARROW: Yes, they were.
MR. McCONNEL: In those particular cases was there any-
thing done by the defense attorneys involved that particularly
offended you or caused you ‘to have a general disdain for any sort
of defense tactics that you found disagreeable to you?
JUROR DARROW: No.
_—
MR. McCONNEL: I think its pretty well been convered
with all of the folks here, the questions were directed to the
panel earlier and in general all questions are heard by the folks
who are here in the courtroom. I'1l just ask you, sir, if you
have any pressing reason, I know a grocery store is a very busy
place, and I know you are here to do your civic duty just as
everyone else is to the best of your ability. The only area in
which I would have concern is would you have so much pressure on
you in your store that you might tend to conclude your deliber-
ations in this matter more rapidly than you would if you didn't
have the pressure to get back to your grocery store?
JUROR DARROW: No.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
MR. McCONNEL: You don't have any of. those pressures?
JUROR DARROW: No,
MR. McCONNEL: a m sure you: re aware that decisions
\'aon"; t happen right away {ote of times. | There is liable to be
some extended period of time before anyone can. reach’ an agreement
| or they may not reach an agreement at all. You" re Teles us
|| thae you 're willing to put ‘up: “with those irritations in so far as
this case is involved, is that correct? - -
JUROR DARROW: Yes. - SS. |
MR. McCONNEL: Okay. I'm sure that the trauma of being
involved as the victim of Pious armed robberies and all the
follow up investigation that had to be done had you. involved with
a fairly long basis with law enforcement people. Would you say,
sir, that you got well acquainted with any of the detectives or.
the personnel investigating the need robbery? :
JUROR DARROW: Yes,- ; .
MR. McCONNEL: Did that ever lead to the establishment
of any type of a personal relationship with any of them such as
going to coffee with them?
_ JUROR DARROW: Yes.- :
MR. McCONNEL: . Was that with one detective in particular
or more than one? |
JUROR DARROW: Two in particular.
MR. McCONNEL: And you met them originally through this
-
situation?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
oe NS Se me fA
@
24
25
ede ge 7 | :
“|| that these detectives handled it?
a4
|
z
H
robberies.
ship and acquaintancship with them wasmerely a personal one at
i:
-
JUROR DARROW: No, I knew them prior to the- armed
MR. McCONNEL : Okay, And then it was just a coincidence
_ JUROR DARROW: Yes. ~
MR. McCONNEL: - So, I'm assuming, sir, that your relation-
first. I mean you weren't a reserve officer or anything of that
sort? |
JUROR DARROW: No.
MR. McCONNEL: Okay. Did you live close to them or
did they come to your srecery store?
JUROR DARROW: Both, é
MR. McCONNEL: | Okay. So you started kpeddtar more time
together than before after ‘thi robbery occured?
JUROR DARROW: Yes, 3 : 2 |
MR. McCONNEL: Actually after both robberies occured?
JUROR DARROW: Yes, | |
MR. McCONNEL: Okay. Is there anything about that
relationship -- let me ask you this, Mr. Darrow, in general what
size police force are we talking about? Is this a fairly large
city? |
JUROR DARROW: No, it would be approximately ten
thousand. Probably half as big as Chickasha,
MR. McCONNEL: Now, the fact that you were involved with
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHQMA 73005
(40s) 247-3671
@ 1 : these two persons, did that lead to getting acquainted with any
2 |] other apersons. on the force besides them?
eS : 3 | JUROR DARROW: Not necessarily but in a town that size
ee. 4]: you Mnow people anyway. eo " ses he See
2 a ages x os pe : MR. McCONNEL : ‘The fact that you knew these gent lemen
6 I * and became acquainted with ‘them, or were acquainted with then,
see ,
4 and I'm sure you came to appreciate and understand particularly
5 in your own personal life what they do for the public, Is there
ag anything about that fairly close acquaintanceship with them that
10 would cause you to just automatically give more credibility to.
11 || and believe a law enforcement official merely because they're
12 || Wearing a badge and uniform? In other words, because you knew
€ 13. jj those men, they handled your case well, they were good friends
“14 and I'm sure you hold them in high regard, would you because of
45°} that Relationship identify -- in other words would you relate e
16 || your feelings about those persons. to the law enforcement persons
47 || here in this case to such an extent. that it would cover or effect
B your impartiality? In other words would you be more inclined 7
19 || to believe an officer here who comes into this door and on this
39 || witmess stand simply because he's an officer or could you just
21 treat him as any other person? In other words, its up to you to
22 || decide whether or not to believe anybody that sits on that stand.
23 You either helieve him or you don't. Would you treat an officer
24 || any. differently because you have known officers well?
35 JUROR DARROW: No, sir.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
— poe Se nego nen ae ee en ne eee eee Sam Gaia me Tg oe ree ne FF
en
CONES SP EE ee eA aoe wee
om. McCONNEL : So -you' "re saying then that you would
judge each witness impartially and. individually, whether they
were in a uniform end wearing a badge or just walk in here in
eae civilian clothing, can you tell. ‘us ‘that, sir?
JUROR DARROW: “Yes, sir,
3 Sie ily
PR. McCONNEL : Okay. Thank you, sir. -In closing, Mr.
5 Wp Darrow, I‘1l ask you if you ‘believe that the death penalty should
| 8 | automatically be enforced in every case where its allowed?
-9 | JUROR DARROW: No. “
10 | MR. McCONNEL : Could you if you found the defendant
" guilty beyond a deasonable doubt without doing violence to your:
conscience give life imprisonment?
JUROR DARROW: Yes, I could.
MR. McCONNEL: | Okay. I believe we'll pass this JUTE:
==
for cause, Your Honor.
gi
| -_ bone
WwW No
ans <a TN oO
16 eae THE COURT; All right. Defendant's first. ;
| MR. McCONNEL: Your Honor, we'll excuse with our thanks
| 18 j) Mx. Hamstead. en : |
19 | THE COURT: Mr. Hamstead, you're excused. I would ask
that you come back Wednesday ‘at nine o'clock and report ‘to the
other courtroom. . I want to take a short recess if we can and
22 || then we'll finish up. Ladies and gentlemen, I want to admonish
23 you you're not to converse among yourselves or with anyone else
24 on the subject. connect with. this trial. Or to form or express any
-~ 25 || opinion thereof until.the case is finally submitted to you. You
- Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
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24
25
if someone attempts to speak with you please advise my bailiff.
Court will be in recess. Lets take about ten minutes .
£.*, . a
(whereupon, recess was taken and proceedings resumed
a as follows: ” oo : ate : Bi |
THE COURT: Show che presence “of che jury, the State.
and the Defendant. If you'11 call another juror “to he pox,
CLERK: Bertha Frick, ‘Fe -R- I-C-K.
THE COURT: How are you, Mrs. Frick?
JUROR FRICK: Fine,. thank you.
THE COURT: Do you know Mr. McConnel or Mr. Thompson?
‘JUROR FRICK: No,sir.
THE COURT: All right. Do you know Mr. Thompson's
family?
JUROR FRICK: No, sir. :
THE COURT: Do you know Mr. Baresel or Mr.. Burns?
JUROR FRICK: I know Mr. Burns, © : 3 as
THE COURT: Do you know him on a personal basis? .,.
JUROR FRICK: No. | |
THE COURT: Just see him and know that he's the district |
attorney? | :
JUROR FRICK: Yes.
THE COURT: Do you have any pending cases with the
district attorney's office?
- JUROR FRICK: No, I have one next week I belive with the
oil company.
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
fernee tuthe eubiane et 2 -ireence apredeminiseren
cane —
4 > *S ge
5 ay * wikes: hgh ,
“e
3% suror rtcr: “Yes.
ss é : THE COURT: That won’ "t interfere with you sitting in on
[this co: case at all, will it?” r ss
. JUROR FRICK: Well, I think this is kind of nerve
racking and I'd rather not sit on it.
THE COURT: Well, its nerve racking for everyone, the
Judge, to attorneys and witnesses and everyone else. You have no
reason -- you've got a case pending next week but as far as
interfering with that your Tawyer is handling that, isn't he?
JUROR FRICK: Yeah.
THE COURT: ‘Youheard the list of witnesses that I
read? : |
: “JUROR FRICK: Yes, sir.
THE COURT: Do you recall the names?
JUROR FRICK; Yes. | |
| THE COURT: Do you know any of those people?
| JUROR FRICK: No.
THE COURT: | Okay. ‘You have a civil case next week?
JUROR FRICK: Yes,
45 ,
THE COURT: The fact. that you. have >> that" s not a
criminal case, I guess ‘you know that?
ie
THE COURT: Do you know or have you heard anything about
the facts in this case?
= JUROR FRICK: No.
THE COURT: Have you had any experience in the past that
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
“aoe oe os on > ee
24
25
you feel would effect your consideration in this case?
ee * .
tt :
)
*o
warrant,
JUROR FRICK: No,
THE COURT: Will you follow the law as I instruct you?
JUROR FRICK: | Yess ee bat eau cae
THE COURT: Ina case where the law and ‘the evidence
ina proper case, could you without doing violence to.
your conscience agree to a verdict imposing the death penalty?
JUROR FRICK: Well, iz i think so.
THE COURT: Having been asked these questions do you know
of any reason at this: time you could not be a fair and impartial
juror?
married?
JUROR FRICK: No, sir, 7
THE COURT: Tell us a little about yourself. Are you
JUROR FRICK: Yes. —
THE COURT: And is your husband vetired or employed?
JUROR FRICK: He's retired from oil company, :
THE COURT: And what did he do for the oil company?
JUROR FRICK: He was roust-a-bout.
THE COURT: And are you employed outside the home?
JUROR FRICK: Yes, :
THE COURT: Where is that?
JUROR FRICK: I take care of a ‘sick lady in Marlow
that's one of the reasons I need off. ae
THE COURT: Oh, I see, In other words the lady is
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
+ - a re Ee ny gE eR SS HD carlin isis SS A ee F. .
? : - > os .
_ i . 7a
|
AWA
R
=
with her?
H
ee
a
bed-ridden or require conyelescent care?
JUROR FRICK: Yes... |
: ae ‘THE COURT: And is there anyone else that can take care
"JUROR FRICK: No, sir. | | |
THE COURT: ‘Okay. What do your duties generally entail
JUROR FRICK: I go down and take care of her. Fix her
meals and stay with her all day. ~ |
THE COURT: All day long? Is there anyone else that
can take care of this duty for you for the rest: of the week?
JUROR FRICK: She doesn't have anyone else and I really
need to be getting some doctor's records for her this week,
THE COURT: Do you feel that your obligation to her
is such that it would Cause ‘you difficulty paying attention to.
this trial? : | _
‘JUROR FRICK: Yes, sir. :
THE COURT: And as a result of that you could not be
fair and impartial to either side? |
JUROR FRICK: Yes. _
MR. BARESEL: Judge, we'd ask she be excused for cause,
THE COURT: Any objection?
MR. McCONNEL; No objection.
” THE COURT: All right, ma'am, I will excuse you for
the rest of the week. If you'll call another juror,
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671-
(@
24
25
oy |e “Thompson?
og
<8 2h
Si ee
CLERK: Robert L; McCathern, 2 |
THE COURT: How are you, Mr, McCathern?
JUROR MeCATHERN: Just fine, — : = rs
THE ‘COURT: ALL right. Do. ‘you know Mr. ‘McConnel or
ee A
SUROR McCATHERN: No.
| THE COURT: Do you know any of their family members?
that they’
other side?
victim of
case?
JUROR McCATHERN: No, | |
THE COURT: ‘Do you know Mr. Burns or Mr. Baresel?
JUROR McCATHERN: No. |
THE COURT: State of Oklahoma have any pending cases
re working on for you or possibly that you're on the
JUROR McCATHERN: No,. sir.
THE COURT: Do you now Mr. ‘Charles Keene, the alleged
the crime? ae ae 3 a
JUROR McCATHERN: No.
THE COURT: Or any of his family?
JUROR McCATHERN: — No.
‘THE COURT: Have you read or heard anything about this
JUROR McCATHERN: No.
THE COURT: Have you had any experience that you feel
might effect your consideration of this case?
JUROR McCATHERN; No.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
ie | ee
‘5: | follow the law?
4 es Ree:
‘pi oe oF A “
Ye
wo Maes :
wef
3 defendant?
3
a Rt oe ee
Hen phe
THE COURT: ~ Either as the victim of a crime or as a
JUROR McCATHERN: (No.
THE COURT: ‘I will instruct you as to the law. Will you
a
Sie? Berd ae a
JUROR McCATHERN: Yes. ; ee
THE COURT: And will you set aside any preconceived.
notfons. you may have about the facts or the law in the ‘case and
base your decision on what comes from the witness stand and any
admitted exhibits? | eS
| JUROR McCATHERN: Yes. 3
| THE COURT: In a proper case where the law and evidence
1a could you without doing violence to your conscience agree
os
to a verdict imposing the death penalty?
| JUROR McCATHERN: ‘Yes. | a
| | THE COURT: All right. Tell us a little about yourself.
Are you employed? | pie : | |
JUROR McCATHERN: Yes, I am. I*m employed, I'm married.
| I have three children. |
| THE COURT: And how are you employed?
| | JUROR McCATHERN: I'ma Public Works Director for
Tuttle.
THE COURT: I take it that this week there is someone
else or another employee that if you check in of an evening or in
the morning before you come to court that Tuttle would continue to
|
Penny Moser, 0.5.9.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005
. : (405) 247-3671
|
|have a public works?
JUROR MeCATHERN: kes: | .
THE ‘COURT: Is there any experience that you "ve had
bes ofthe 23 :
ne ee “ pase ann
ok ae tee ¥.
ba * oxy
¢ NP
“ Bays
that you feel would keep you. from being fair and impartial | to
pee
aS ‘either sidey': = ae te CASAS 4
“tien =e. 3
Mar: Std
JUROR McCATHERN : No,
THE COURT: Mr, Baresel,
MR. BARESEL: Do you live inside Tuttle?
JUROR McCATHERN: No, I live in Pocasset.
MR, BARESEL: But you're Public Works Director at
Tuttle? | |
JUROR McCATHERN: Yes.
MR, BARESEL: How long have you been Public Works
*
cael
|} Director?
JUROR McCATHERN : Well, jyuse about three months,
MR. BARESEL; And who did you replace there?
JUROR McCATHERN: I'm sorry. I've been there -- I
have been the Public Works Director for a year. I replaced James
Baldwin. | |
MR. BARESEL: Were you there during the investigation
|} of the school board?
JUROR McCATHERN: Yes,
MR. BARESEL: Do you have any problem with that? Did
you have any conflict with any of those people? Any conflict with
any of the agents doing the investigation, any problems like that?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 .
at the courthouse before?
JUROR McCATHERN: No. ve me , aS
MR, BARES ELS YOu think you can put that Problem
completly out’ of your mind and sit as a fair juror_in this case?
_ JUROR McCATHERN: “Yes. | | ae
MR. BARESEL: Si ‘think I have seen you “somewhere and I
6 ji.can't remember where, “Have you had an occasion to be down here
* -
a2) ;
Re, \
JUROR McCATHERN: Yes, it wae a civil case,
MR. BARESEL: I thought I'd seen you before. Do you
think you're prepared to be -ajuror.in a criminal case?
JUROR McCATHERN: Yes, : ,
MR, BARESEL: Make a decision as to what really
happened last January here in Grady County?
JUROR McCATHERN : ‘Yes . :
MR. BARESEL:. To decide whether or not William Wayne
Thompson is guilty of Murder in the First Segree: x 3
JUROR McCATHERN: Yes, | |
MR. BARESEL: Base your decision solely on what you hear
from the witness stand and exhibits that are introduced and
admitted?
JUROR McCATHERN: Yes.
MR. BARESEL: One of the things that we worry about as
lawyers is that during the course of the trial you're not
going to be sequestered. You're not going to have to stay in one
group, not going to have to stay in your room or any of that stuff!
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
Bnd @
f oy ae
I said | you could do that?
——
*.
-
.
You.ré. > going to be free each. day to BO. home ,. You*re going to be
out in the halis on bréaks, We have no control over what people
talk about in. the hall, what the family members Say. or witnesses
A 2 wee
ot = ee aes
ae es
Bay. out there in the hall. We ask each of you to base Beeler
‘decision solely ‘on what you hear from the witness stand. Alou"
JUROR McCATHERN: Yes, |
MR. BARESEL: If anyone tries ic: tatk to you in the hall
will you tell the judge about it? | : : |
JUROR McCATHERN : Yes.
MR. BARESEL: Prior to coming here today you have heard
nothing about what are supposed to be the facts? :
JUROR McCATHERN: No, I haven't.»
—_~
MR. BARESEL: Do you know of any ceaeon. why you couldn't
be a fair and impartial juror? : | : |
JUROR McCATHERN: No.
MR. BARESEL: The information in this case alleges that
the defendant commited the crime of Murder in the First Degree.
One of the instructions that the Judge will give you in this trial
lists the elements of the crime of Murder in the First Degree,
sort of like a shopping list, tells you what you have to find
before you can find a man guilty. The death of a human being;
without the authority of law; with a premeditated design to effect
death; by this particular defendant. If I prove those elements,
if I introduce evidence and exhibits that would satisfy you
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
L9U
« ty
eater S|
ey aka
personally beyond a reasonable doubt of each one of those elements
of Murder in the First Degree can you vote guilty? |
JUROR McCATHERN : Yes. a8 :
MR. BARESEL: ‘If you voted 5 guilty » will you work with
‘eleven other people in assessing ‘punishment? :
| JUROR McCATHERN: Yes. me em
a =
mo MR. BARESEL: Do you Gnderetend: that the first stages
goes to guilt or innocence only. If the twelve of you vote guilty
there is a second stage where you consider punishment.
JUROR McCATHERN: Yes. | |
MR. BARESEL: That you would hear additional evidence
on what punishment should be, do you understand that? |
JUROR’ McCATHERN: Yes. sites
MR. BARESEL: if you sored guilty and you oeted for the
death penalty and it was a unanimous verdict that Mr. William
Wayne Thompson should be sentenced to death, would you feel like
you owed anybody an explanation about how you personally voted?
JUROR McCATHERN: No, I'd only owe myself an explanation.
MR. BARESEL: Pass the juror for cause.
MR. McCONNEL: Mr. McCathern, I heard you talking about
it but I didn't hear you say how long you'd been with the city of
Tuttle?
JUROR McCATHERN: I've been there nine years.
- MR. McCONNEL: Of course, working for the government,
or the city government of Tuttle, I'm sure this leads you to
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER !
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
—
oo .
anus tihnenosenatemnnn
fi
\ ; a " .
Be satte diye ie Te tae Ra ae
. eis Wee Tei,
Wu ie) a
at i
—
pretty familiar basis?
enough information to decide this case in their favor then you
being in pretty close contact with the police, would it not?
JUROR McCATHERN: ‘Yes.
MR. McCONNEL: "Basically work out of the same _ building
° * ms cat
ee 73)
4 ok Ht
t ‘they do. Would you tell us whether, or not you": ‘re clopely.
a
that you have coffee with them pretty regularly and tex on a
> 2 ; . :
JUROR McCATHERN: I'm acquainted with them but not
personally. 4 :
: MR. McCONNEL: So they don't ever sit down and personally
talk to you about who they may have arrested or who they might be
going out to arrest or anything of that sort?
_ JUROR McCATHERN: ‘No: 3
MR. McCONNEL: Okay. And you understand phat they
mere fact ‘that charges have been filed in this case really mean
nothing. Do you understand. that?
JUROR McCATHERN: Yes, I understand that.
MR. McCONNEL : And that as this trial goes on this
week and these witnesses coming in here. presented by the State. In
other words the agents of the State here, Mr. Burns and Mr.
Baresel, subpoena these people in here and if they don't give you
have no choice but to decide it in Mr. Thompson's favor, you're
aware of that, aren't you, sir? |
JUROR McCATHERN: Yes.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER i
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
oO pe warty - - —_ ¥ oe
ee _ Pm RO ee oe “~ Kmees — = 9 2 eo
2 re ere eA yy)
FEIN Oa ear y
‘ $ .
a5 ae ae i
aid . ; “
¥ te , arty)
¢ > t+
yey
—
{
~ - 1 . . eek . ; 2
=... a . +s ¢ *% . a ; .¥ . . oe tas ae
MR. | MeCONNEL: And in reaching, a. “decision in which you
will arive at this matter nothing else matters ‘outside of exactly |
“Fes ta
what you hear from that. microphone there? pS ook eka Payee
Maan
JUROR McCONNEL: ‘Yes.
MR. McCONNEL : And you. could + sit “aside your own 1 personal
feelings, can't you? : pi ele oie ;
JUROR McCONNEL: : Sand if you get to the- point: ‘where’ ‘you
listen to this case long enough and. you think well, its awful close
but I just don't quite think they've got enough can you tell me
that you won't guess this young man into the penitentiary and
into the death penalty? You won't allow any. guess work to be
involved, will you, sir? |
JUROR McCATHERN: No, I won't. eB ay
MR. McCONNEL: Okay. You'll make Mc. Baresel~and Mr.
Burns and all their investigating officers do their job, -won't you
sir? | 3 = |
| JUROR McCATHERN: Yes. ree :
MR. McCONNEL: I assume -- you mentioned briefly about
being here on a case that didn't have anything to do with your
duties there at the town of Tuttle, did it?
JUROR McCATHERN: I was a witness in it. I testified
against a person.
MR. McCONNEL: That was a civil case?
JUROR McCATHERN: Yes, sir.
MR. McCATHERN: Nobody was going to go to jail as a
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(40S) 247-3671
geet ye 5g cone ee a
\ ” “yi en An
; } = ip.’
as tee GEN Ota Naan shh nor
ere) + ntecanreaneete
nS 1 OIE SAO SAO os sine
a
—
23
24
aenrer— —cares
==
te ; aes nae < 50
=) Fi Woy
result of it?
JUROR McCATHERN: No.
we
MR. McCONNEL: Okay Mr. McCathern, I'll ask you this.
Do you believe that the death penalty should automatically be
‘enforced in every case where its allowed? -
: _ JUROR McCATHERN: ‘No. .
ae MR. McCONNEL: Could you, “if you. found the defendant
guilty beyond a reasonable doubt without doing violence to you
conscience give life imprisonment as a penalty?
JUROR McCATHERN: Yes. 2 |
MR. McCONNEL: You could. All right. We'll pass this
juror for cause, Your. Honor,. |
THE COURT: ‘States: second.
MR. BURNS: Your innor : we'd ask Mrs. King be excused.
THE COURT: All right. Mrs. King, you can be excused.
I ask that you come back on Wednesday morning to the next court-
room down the hall. Thank you. — ere
CLERK: Charlene Charlsen, C-H-A-R-L-S-E-N.
THE COURT: Is it Mrs. Charles?
JUROR CHARLSEN: Charlsen.
THE COURT: C-H-A-R-L-S-E-N?
JUROR CHARLSEN: Yes.
THE COURT: Do you know Mr. Burns or Baresel?
JUROR CHARLSEN: No.
THE COURT: I'll have to ask that you speak up so Mr.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
a eaEaeEeEeEeEeEeEEeeeeeee ren
“
24
25
McConnel can hear over there. Is the District: Attorney's Office
handling any matter for you at this time?
JUROR CHARLSEN : No. :
THE COURT: Do. you know Mr McConnel or Mr: “Thompson?
JUROR CHARLSEN: No. : oe : : ae
THE COURT: Or any of their family menbera?_
a
ae.
o
JUROR CHARLSEN: No. |
THE COURT: Did you know Mr. Charles Keene?
JUROR CHARLSEN: No.
THE COURT: Or any of his family members? -
JUROR CHARLSEN: No. : ang | )
THE COURT: Have you read or heard any alleged facts
about this canes : - | abe ‘
JUROR CHARLSEN: No.
THE COURT: Have you had any experience you feel mise
effect your consideration of this case? ae ae “=
JUROR CHARLSEN: No, sir. |
THE COURT: Will you follow the law as I instruct you?
JUROR CHARLSEN : Yes, sir.
THE COURT: In a case where the law and the evidence
warrant, in a proper case, could you without doing violence to your}
conscience agree to a verdict imposing the death penalty?
JUROR CHARLSEN: Yes, sir.
: THE COURT: Having been asked these questions do you
know of any reason at this time why you could not be fair and
Penny Moser, 0.5.9.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
|
@ ; impartial to either side? =P
21. JUROR CHARLSEN: No, sir.
THE COURT: Are you ‘employed outside the home?
JUROR CHARLSEN: wes. : | 3
THE COURT: And where do you work?:
JUROR CHARLESN: I'm a nurses aid at Mariow Manor. |
THE COURT: And. I would assume that they have other ee
JUROR CHARLSEN: Yes.
THE COURT: Are you married?
JUROR CHARLESN: Yes.
THE COURT: Is your husband employed? ;
JUROR CHARLSEN: No, he's unemployed, retired.
THE COURT: Is he retired like these other gentlemen —
that also have jobs?
15
ES 46 JUROR CHARLSEN: No, he's retired. ;
~ - V7 THE COURT: Okay. He is retired, What did he do before
2 lhe retired? | ca
9 JUROR CHARLSEN: He was a pumper for Mack Oil Company.
20 THE COURT: Do you have children? S
Sea | ‘JUROR CHARLESN: Yes.
i “9 | THE COURT: Any of them live at home?
Be og | JUROR CHARLSEN: No.
| i 34 - THE COURT: How many do you have?
@ 35 | JUROR CHARLESN: Three, two girls and a boy.
~ | Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005
{408) 247-3671
-
. 24
25
20
oe MR. ‘BARESEL: “Thank you. I heard you worked in Marlow
pbuc. ‘ “didn’ t hear what you did? = ee ; age :
_ THE COURT: And you have grandchildren?
JUROR CHARLSEN : Yes, seven. 3
THE COURT: Okay. You may inquire, State.
z atts
me
ot. ay
JUROR CHARLSEN: I’ m a nurses aid. eh
“MR. BARESEL: And ome in Marlow do you-work, ma'am?
JUROR CHARLSEN: Marlow Manor. :
_MR. BARESEL: Have you ever had occasion-to work for
a hospital? | 7
JUROR CHARLSEN: No.
-MR. BARESEL: How long have you worked at Marlow Manor?
JUROR CHARLSEN: Six years, almost six-years.
MR. BARESEL: Have you ever been present when doctors
were treating patients? 3 | 3
JUROR CHARLSEN: Yes. - z
MR. BARESEL: Have you seen some rather unpleasant things(?
The reason I ask that is that there will be at least one doctor
testify in this particular trial, and he will describe wounds on
the body of Charles Keene. And as was indicated earlier, there
will be photographs and other evidence depicting rather gruesom
sights, a hole in the top of a man's head, slit throat, slit belly.
Do you think you can sit through a trial involving that kind of |
evidence?
JUROR CHARLSEN: Yes, sir.
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
2?
SE tere mm ee te ee .
24
25
i OTT gy
Seedy oo fae reed
MR. BARESEL: Involving testimony as to how Mr. Keene
got those injuries? : : ,
_.. . SUROR CHARLSEN: ig ‘think so. ee
: MR. BARESEL: I don* st ‘want to mislead you, Ate not- sone
‘to be pretty. YOu think you! re a ‘strong enough person ‘to sit
through this trial? ner prt
"JUROR CHARLSEN: Yes. — |
MR. BARESEL: If you are selected asa Surcr 1a this
particular case will you promise me and will you promise William
Wayne Thompson that you'll base your verdict solely on the
evidence you get from that witness stand and the exhibits that are
admitted? ae
JUROR CHARLSEN: Bex, |
“MR. BARESEL: You won't let any outside considerations
like sympathy or prejudice fafluence your decision? —
: JUROR CHARLSEN: No.’
MR. BARESEL: How. Bbout the: fact of Mr. Thompson's
age, will you let that effect you as to whether or not he's guilty
of this crime?
JUROR CHARLSEN: No.
MR. BARESEL: I ask you to look over there right OW.
Do you understand as he sits here right now he's presumed innocent
of the crime of which he's charged?
| JUROR CHARLSEN: Yes.
MR. BARESEL: And I presume you've heard the statement
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
‘ANADARKO, OKLAHOMA °73005
(405) 247-3671
pes tses ~ atl -_— <— | LL I IT eg ES ~e Pye {ores arent Mee id ~ “ye eens - iin
7 2 ~ : 4 : : . ‘ea
= a 4: Te eS ; AS, Jy
: that crime? Suet ae
| ‘convict hig ae that crime,
!
|
H
!
that ugly presents come in pretty packages.
2 Fees State of Oklahoma is that that man over there killed somebody,
H
Ber the evidence of
‘commited the crime of premeditated murder, can | you: convict him of
JUROR CHARLSEN: Yea air. @
MR BARESEL: If you and eleven other people vote to
get to the second phase, you get to
Re 5
heat” ‘additional evidence, do you understand that, ma'am?
JUROR CHARLSEN: Yes, sir.
MR. BARESEL: And if I understand your answer to the
Court that if the evidence warrants it that you can join with
eleven other people in a sentence of death for that man over
there if the evidence supports it?
JUROR CHARLSEN: ‘Yes.
MR. BARESEL: When you get done,whether you vote guilty
Jor not guilty will you feel like you owe anybody an explanation
for how you voted?
JUROR CHARLSEN: No, sir.
MR. BARESEL: Vote your own conscience?
JUROR CHARLSEN: Yes, sir,
MR. BARESEL: Pass the juror for cause.
THE COURT: Mr, McConnel.
MR. McCONNEL: Mrs. Charlsen, I'm sure you've been able
to hear most of the questions that have been asked these other
ladies and gentlemen here today, have you not?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
“pent % : 7 ee Sh Bee —— ©
‘e Wee's ve ‘stated here earlier ‘today this is “a most important matter
JUROR CHARLSEN: Yes, sir. Pe
MR. McCONNEL: Can you think of any of those questions
that you would answer substantially differently from what we've
ae
go
asked these other folks here?.
er ae = ie vee HAS
JUROR CHARLSEN: No, sir. eee
MR, McCONNEL: IT don" t vant to be repetitious, but as
and it is the phase in the trial where we all have to be quite
though in our proceeding. ‘So I will go through with you a few
things that are relevant here. In regard to ever ‘having been a
victim of a crime, that. also expands to your husband'’s prior
employment. Did you ever bercne aware of any thefts of any oil
field equipment or any of the oil wherein he was involved as a
pumper on any of hose Vecene™ Did that ever come to your
attention? | | a | :
JUROR CHARLSEN: No, sir, ae ee
MR. McCONNEL: Okay. So you never became aware if he
had to go testify in any court proceedings?
JUROR CHARLSEN: He never did.
MR. McCONNEL: Okay:: Have you ever been on a jury before?
JUROR CHARLSEN: No, sir. |
MR. McCONNEL: Okay. And how long have you been employed
there at Marlow Manor?
JUROR CHARLSEN: Six years.
MR. McCONNEL: Okay. And prior to that time did you
Penny Moser, 0.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
© 1 || have a prior experience as a nurses aid?
JUROR CHARLSEN I worked at Gregston’ s at Mar Low for
two years. ear A
” > ee Fo “s
See MR. McCONNEL: ‘How ong?
_ JUROR CHARLSEN: ‘Two. years. os ee ee = :
3 MR. McCONNEL: ony And the fact, as ‘Mr ‘Baresel brought
out, "the fact that you' ‘ve Bieri around medical peoples moctors: and
the ‘Like, brings up the question which is somewhat similar to
the other ladies and gentlemen that were acquainted. with and
associated with police officers. And having testimony in court
here of one doctor and possibly more doctors, the fact that you
work with doctors and medically trained eenple: would you be.
inclined to give more believability or credibility to a doctor
who testifies here on behalf of the State simply because he' S a-
doctor than you would any ope. civilian that came in here bad
testified in this matter? . :
JUROR CHARLSEN: Oh, I don’ t assist the ‘Aectors:
MR. McCONNEL: Okay. You don' t have occasion to have
19 || doctors come there for specific treatment and you directly assit
ij .
20 | them in their treatment of any of the patients in the home?
JUROR CHARLSEN: If he asks me but its never happened.
21
22 MR. McCONNEL: Its never happened. Okay. So then would
23 Pit be fair to say that you don't have a close working relationship
24 |; with any doctors at this time?
@ 25 JUROR CHARLSEN: No,
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
ee a
nn te ce Ee ET ees memes we
a
MR, McCONNEL: In other words that would be. correct to
say that, is that correct? |
JUROR CHARLSEN: ee a 3 Pes
3 MR. "MeCONNEL: . Charlsen, from everything you know
cae €t
3 about this case, based on everything you! ve heard so far, Wayne
< Se ee ee
* Thompson seated here at the table here with me, is he. innocent
at this time as far" ‘as "you" re concerned? -
JUROR CHARLSEN: I don't know.
MR. McCONNEL: But as far as you're concerned right now
from everything rou know is he innocent right now? Based on
what you know at this point?
JUROR CHARLSEN: I don't know. , |
MR. McCONNEL: Okay, In other words, let's take it from
the other. side of the question, Do you think for any reason that
he ms ghe be guilty right now? _ 3 | | =
: JUROR CHARLSEN: I don't know, sir, % ee
MR, McCONNEL: Okay. Can you keep an open mind until.
in saying that you don't know that he's innocent you don't mean to
imply or tell us that you've heard something that makes you think
otherwise?
JUROR CHARLSEN: I haven't heard nothing.
MR. McCONNEL: Okay. Do you believe that you can be a
fair and impartial juror in this matter?
JUROR CHARLSEN: Yes, sir,
Penny Maser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO,. OKLAHOMA 73005
(4035) 247-3671
: 5 ere . » ep ores cies Weracas as - <i me wien
rf
,
Hl
rome ae
such time that you can make up your mind one way or the other. And!.
Fenfercenent personnel?
es gy JUROR CHARLSEN: No. |
Bs ee 12. MR. McCONNEL: Can you think of any reason whatsoever,
=) 1s Mrs. Charlsen, why you should not sit in judgment in this case?
€ a JUROR CHARLSEN: ‘No. gee — |
15 3 MR. McCONNEL: MOAN Let me eak you, Mrs. Charisen,. do
: 16 you believe that the death penalty should automatically be .enforced
apts a7 in every case where its allowed? _
wae 48 JUROR CHARLSEN: No. |
a 19 | MR. McCONNEL: Could you if you found the defendant :
: 20 | guilty beyond a reasonable doubt, without doing violence to your
piste is conscience give life imprisonment?
Eee 20 | JUROR CHARLSEN: Yes. |
2 ages = MR. McCONNEL: Thank you, ma'am. We'll pass this juror
ES 25 | THE COURT: I want to instruct the jury that the defendar
<; ire
@ Penny Moser, 0.5.9.
. OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73008
met agro ks (405) 247-3671
Be nee -
Me
MR. McCONNEL: Ts. there anything about your work that is
pressing? Do you have any particular pressure on™ you ‘to get back
to the home, to the nursing home?’
| JUROR CHARLSEN: “Nos, Biesa ee :
MR. ‘McCONNEL: Do you have any» in 1 regard to the question
i ve a: some of the folks here that ‘everybody’ s been abkad and
con
‘they’ ve been reminded that. ‘they might think of something later on
that they didn't think of initially, has it come to you attention
| that you're in anyway related or close friends with any law
ee a om cones ae fradione ee aewere
at
is presumed innocent of the crime and that presumption continues
unless after consideration of all the evidence you are convinced
Fag
: 3) of his guilt beyond a reasonable doubt . The State has that. burden.
2% “ ‘ Rat ot mia tees
= pe
: a : ae | ener i a
ye 4s All right. Defendant’ s oot So a 7
See oe MR. McCONNEL: You onor, we'd excuse with our ‘thanks
24
25.
Mr. Darrow,
a - THE COURT: Mr. © Bartow. you’ re “excused until nine o'clock
Wednesday.
CLERK: Claude W. Smith, S-M-I-T-H,.
THE COURT: How are you, Mr. Smith?
JUROR SMITH: Fine,
_ THE COURT: Do sok anow fez: Burns or: Baresel?
JUROR SMITH: No. : 2
THE COURT: Is the district Sttarney handling any matter
for you? | |
JUROR SMITH: No.
THE COURT: And youtre not on the other side of any
manner? |
JUROR SMITH: No.
THE COURT: Okay. Mr. McConnel representing you?
JUROR SMITH: No. | |
THE COURT: Do you know Mr. McConnel?
JUROR SMITH: No. | |
THE COURT: Do you know Mr. Thompson or his family?
JUROR SMITH: No.
Penny Moser, €.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
— One > ere --ehan. - wy ert, Sen taste Ps: A Eh
eghs .
3
THE COURT: Die you know the deceased, Charles Keene,
or any of his family?” ; 3 a a
beth 3. a! JUROR SMITH: No, | ae | Bee ae
ny "4 ea _ THE COURT: You heard the list of witnesses, dia. you
: ienow any of them?: eR: Poe : oie 2 fe
4 ee JUROR SMITH: No, ; : | oe
ae ne ie THE COURT: “Have you heard or read anything about this
8 caset |
| aE, JUROR SMITH: No. ; |
10 THE COURT: Have you had any experience you feel might
11 jj effect your consideration of this case?” 3 3
s 12 JUROR SMITH: No,” | oe eg
“@ 13 THE COURT: The Anis must PrONr the defendant guilty
14 beyond a reasonable doubt, do you agree with that law?
15 JUROR SMITH: “Yes. . “3 | as
: 16 THE COURT: And will you hold them to that burden?
% 17 JUROR SMITH: Yes, | sae
18 THE COURT: -In a case where the law and the evidence
19 warrant, in a proper case, could you without doing violence to
: «20 your conscience agree ‘to a verdict imposing the death penalty? ;
pte a JUROR SMITH: - Yes.
a a 22 THE COURT: Have you had any experience in the past that
ne ¢. 23 you feel might cause you to be any more or less fair to either
24 fl side?
as JUROR SMITH: No.
© |
Penny Moser, (.5.H.
OFFICIAL COURT REPORTER
‘CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
worked in
THE COURT: Tell us a little about. yourself, where you .
Beas
Nock ana your wife,
i pars ’ . , : as : . i: .
-.« 4. JUROR SMITH: I work for Sears Roebuck Company. Been
|| there twenty-nine. years, __,
THE COURT: You work here at the Sears store?
"JUROR SMITH: Oklahoma City.
THE COURT: Oklahoma City. No. business problems, you
a week with us? | 3 : |
JUROR SMITH: Yes.
THE COURT: Good. Is your wife employed outside the
JUROR SMITH: She works part-time in Tuttle.
THE COURT: Do you have children in the home?
JUROR SMITH: One. = :
THE COURT: Roy of girl:
JUROR SMITH: Girl, .
THE COURT: Age?
JUROR SMITH: Eighteen.
THE COURT: How many do you-have outside the home?
JUROR SMITH: One boy, twenty-five.
THE COURT: State may inquire.
MR. BARESEL: I didn't hear where you said your wife
Tuttle?
JUROR SMITH: Works part-time at the Cotton Gin in
Tuttle, Oklahoma.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
23
24
sr = rn on
i
JUROR SMITH:
MR. BARESEL: :
MR. BARESEL:
JUROR SMITH:
MR, BARESEL:
JUROR SMITH:
MR. BARESEL:
JUROR SMITH:
MR. BARESEL:
a part of
there?
JUROR. SMITH:
MR. BARESEL: —
JUROR SMITH:
MR. BARESEL:
know exactly how to ask them because a lot of times disputes like
that can have real hard feelings on both sides,
people that come down
won't be thinking about that when they're trying to decide this
case. You have hada
other courtroom today?
- JUROR SMITH:
MR. BARESEL:
MR. BARESEL: :
JUROR SMITH: :
any of the recent dispute over the school Beard up
What do you do for ‘Sears?
- Salesman, : ae
Have you been there, long?
io Twenty-nine years. | ee Bees
Alla at the’ istore in “Oklahoma City? —
Yes. = aes gee es
fice long have you itved in Tattle?
Oh, about ten years.
Your kids go to high school there?
Yes.
Do you know any of the peopie that were
Few, yes.
Can you set that out of your mind?
Yes.
We ask questions like that and we don't
And hopefully the
here for jury service and sit on juries
long day here. Did you get to go to the
No.
So you've heard just about all the questiors
Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005 |
(405) 247-3671
es Y a2 905.5%
Paty * sty
ga ary | foie
he bar txt
> & >
&
24
25
a oe afte
ier ye
*% ‘
' ae
La, othe gt ,
oe Pit fe Mot Bie!
He etek SR or aes R
7 "
that have been asked and answered? —
_ JUROR SMITH: Yes. |
Ace. MR. ‘BARESEL: In those questions that have Seen asked
es come to your mind Like “hey, 1 never _ fhought of thie?"
Rene ~ JUROR SMITH: ee ; :
ce ak MR. BARESEL: “Have you ever sat on a jury before?
ny / JUROR SMITH: No.4. | Rahat
'. MR. BARESEL: Do you think you're prepared to be a
judge of the facts?
-JUROR SMITH: Yes.
MR. BARESEL: And if you're a juror what are you going
to base your verdict on?
JUROR SMITH: Evidence, 3 a
| MR, BARESEL: Nothing else? “You're the one thats
got to make the decision. If the evidence that you hear
convinces you personally beyond a reasonable doubt that this
defendant is guilty as: charged can you wote guilty and work with
eleven other people in assessing a punishment?
JUROR SMITH: Yes.
MR. BARESEL:. In an appropriate case, a case where the
Facts and circumstances warrant, can you agree to a verdict of
death?
JUROR SMITH: Yes.
- MR. BARESEL: When you get done with this trial will
you feel like you owe anybody an explanation as to how you voted?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
JUROR SMITH: No. 3 |
MR. BARESEL : Pass the juror for cause.
THE COURT: - Mr, ‘McConnel, Sea :
y ee 5 MR. McCONNEL: 7 Mr. (Smith, “which location are yon -
primarily involved with in Sears? / Hg ee AS
= JUROR SMITH: “Appliances. ee =
MR. MeCONNEL: P Okay </ Which store?
JUROR SMITH: 23rd.and Penn. ~
MR. McCONNEL: Okay. Shepard Mall. Is there anything |
about betes employment” Mr. ‘Smith, that has ever lead you to |
become involved in pursuing or - prosecuting any violations. of the
law such as shoplifters or theft of warehouse or anything like
-~
that? ~— | |
JUROR SMITH: I've been Ewolsed in shoplifting. got
> OMR, McCONNEL: age How many cases like that have “3
you been involved with? | : es,
"JUROR SMITH: I went down to the: line-up one time, ~
MR. McCONNEL: How long ago was that?
JUROR SMITH: Probably five years...
MR. McCONNEL: Did that lead to your going to court to
testify against anyone? 3
JUROR SMITH: No.
MR. McCONNEL: Were there any arrests made as a result o
that incident?
JUROR SMITH: No.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
£
:
sy ee
MR. _McCONNEL: _ Anything about: ‘that circumstance that
| would cause you to be frustrated with law enforcement or our
system of justice?
; a ;
| sguRoR SMITH: Wo. ae ee aot
sey
bees
a Srna
: MR. McCONNEL: What was that shoplifting matter, ‘small
item or...? : ee 3
| JUROR SMITH: Small item. xs |
MR. McCONNEL: Now I assume From what you said that the
person you attempted --— that when you went to the-line-up either
you didn't identify anyone or ..,. |
JUROR SMITH: I didn't.
MR. McCONNEL: The Suspect was released, Is there any-
thing that you “know about this: case at Phix: time or anything that
you've read or heard that would cause you to already have a notion
about how to decide this case?” :
JUROR SMITH: No, six. 7 es ee
MR. McCONNEL: Based on everything you know at this time
as. far as you're concemied is Wayne Thompson innocent?
JUROR SMITH: Yes, sir.
MR. McCONNEL: Okay. Under our system of justice will
you follow our set of rules wherein you're assuming him to be
innocent until such time as its proven to you beyond a reasonable
doubt, will you continue to do that, sir?
JUROR SMITH: Yes.
MR. McCONNEL: Do you think that's a good law, the
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
4
{
}
?
i
}
}
3
mde
>
Pi
=f
F
24
25 }
: Ms sid :
hee
:
presumption of innocence’ that. someone is presumed innocent
at all times? = =
JUROR SMITH? Yes. ty
MR. MeCONNEL: ‘The fact that this charge has been filed
Saree oe
does that in any. way. ‘particularly impress you, the mere fact that
atts
this young man is fidtrested and there have peen charges filed? Does
‘that particularly Panu anything to you in so far as if he is
guilty or innocent of this matter?
JUROR SMTTH: No.
MR. McCONNEL: And I believe I heard you say that you
had never been on a jury before, is that correct? |
JUROR SMITH: Yes.
MR. McCONNEL: Do you know of any reason whatsoever that
you should not sit in judgment here in thie case? | os :
JUROR SMITH: No, ae
MR.McCONNEL : Mr Smith, I' 11 ask you if you Bolicve®
that the death penalty should automatically be enforced in every
case where it is allowed? | : | ee
JUROR SMITH: No. |
MR. McCONNEL: Could you-if you found the defendant ©
guilty beyond a reasonable doubt, without doing violence to your
conscience give life imprisonment?
JUROR SMITH: Yes. —
MR, McCONNEL: I believe we'll pass this juror, Your
Honor.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
I rere ee ee Fo St ty net oe eppnen ceee urne on a oo mee we Np err py
THE COURT; State's third. ss
MR. BURNS: Your Honor, we ask that Mrs. Hoebing be
a Re,
excused.
ape.
ve
SS, +4
3 5 THE ‘COURT: AlL right, ma ‘am, you' "re excused, Nisdane |
ae you for coming. “We do need you ‘back Wednesday morning,
a ag At this time we will take the evening recess, It is your
duty as jurors not to converse ‘among ouresives ox with anyone
8 else on any subject connected with this trial or to form or
- 9 |} express any opinion about this case until it is finally submitted
10 |} to you. We will reconvene in the morning at nine o ‘clock and I
11 || ask that each of you return, along with you. You'll need to
12 |} check. in between eight thirty and nine with Glenda's office
‘¢e : cm Oe next door, If you don't. check in we don't know you're here and
44 you won't get paid. I also want to make this additional .
“15 admonition and ask that you follow it. you can see the guest ions
16 || that have been asked “have you read anything about this case or
17 || formed any opinion". I ask that this evenings paper or on the .
18 jj radio as you go home, should diiything come to your attention
i9 || about a trial in court that you not read that, I think that these
20 || reasons are obvious. -Court will be in recess.
21 | (Whereupon, evening recess was taken and proceedings
22 | resumed as follows)
23 THE COURT: Go on the record, Show the presence of ©
24 -the jury in the box, the presence of the State. Is the State
@ — 25 ready?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
~ Yo Te Crm Oo ETE ERE SEE ene . a Pe eee sgt es oe Ail
MR. BURNS: State is | ready, Your Honor.
THE COURT: The presence of the Defendant and his
attorney. Are you ready, Mr. McConnel? Sig
MR. McCONWEL: © Yes. © |
- THE COURT: Okay. The clerk will call a jury ‘to ‘Che
CLERK: Toe P. Novotny, N-0-V-O-T-N-Y.
THE COURT: How are you, Mr. Novotny?
JUROR NOVOTNY: Fine.
THE COURT: Did you hear.me all right?
JUROR NOVOTNY: What? |
THE COURT: Can you hear me all right?.
JUROR NOVOTNY: Pretty good.
THE COURT: Were you here yesterday?
JUROR NOVOTNY : Yeah, but not up here.
THE COURT: Okay. But back there all dav. Okay.
You'll notice the Information’ is filed in this case against
Wayne Thompson, Bobby Joe Class, Anthony James Mann and Richard
Jones. The case on trial today is as to the defendant, Wayne
Thompson, and it is as to his guilt or innocence only that you.
are called upon to consider. Do you know Mr. Burns or Baresel?
JUROR NOVOTNY: No.
THE COURT: Is the District Attorney's Office handling
any matter for you? |
JUROR NOVOTNY: What?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005
(405) 247-3671
a A Ser ot 8 Oe ee ee ee ee Fie
o:
‘
Bele *
Ae
S| D.A." s “Office over here?
Grady County handling any matter for youl,
JUROR NOVOTNY: | -fno response).
‘ ais Py ets ~
?
terres
meee ge : JUROR NOVOTNY: Did I ever ‘have? _
* wr
My 5 eae
= } A
ae Bie, Sane . <2 Ae %.
ice | Be . se ye ae eee A gre Ce lg . 5 igiae
THE COURT: Do. you ‘have?
JUROR NOVOTNY: No.
THE COURT: You have had in the past?
JUROR NOVOTNY: No..
family relative of any?
JUROR NOVOTNY: No...
4
THE COURT: Do you know Mr. McConnel?
JUROR NOVOTNY: No.
THE COURT: Do you know Mr .- Thompson?
JUROR NOVOTNY: No...
JUROR NOVOTNY: No.
Thompson, do you know Dorothy Thompson?
JUROR NOVOTNY: No.
Charles Keene, do you know Mr. Keene?
JUROR NOVOTNY: No.
Penny Moser, 0.5.9.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
THE COURT: Is ‘the 1 District Attorney. s Office here in
THE COURT :. Have “you got. a | lew suit filed with the:
THE COURT: Okay. And you're not a defendant or a close
THE COURT: Or do you know any of his family?
THE COURT: All right. His mother's name is Dorothy |
THE COURT: The alleged victim in the case's name is
. a -* on * rn
3 eee SF et Ee ‘y . > ¢ .
*s = Re ye aga rs . z, ea . < . Biot Se eg Ms ‘ a “A es ,
. Bel. Fs os . nd & » at — , t% eS ee Ler Ser
233s re oa es s % ; ; ae oe ee Pees 4 I a
Pj ; oa m * Oey ey % ‘ 2? : ms 3 ve ve ae
: p41 Mr. “Keene? shear ei es ee gre
x * a ye zp 2. . : 4 ox ee Pd " ‘2 : * 3
¢ set - * ADGA 33 E ape he St vee : cee -
eee OE ee | ee . = } ao a Sas . Ae i pce Bk eS
43 s . ; £e we
THE COURT: Or did you know any of his family?
JUROR NOVOTNY: Oh, I think I know one of them.
THE COURT: You think you know someone who was kin to
“JUROR NOVOTNY: Yeah, but it was very distant. _ |
THE COURT: ‘Okay: Have you had pccietor to Wi ccuss this
case with them? . : | re
JUROR NOVOTNY: No.
THE COURT: I'm going to go over the list of witnesses.
I'll go through about four or five of them and ask you if you know
them. Terry Cunningham, Robert Lee, Jack Daly, John Gries, Ken
Reid, Dany Sterling. Do you know any of those men? |
JUROR NOVOTNY: No. - . | Sete eS Re
;
THE COURT: Fred Jordon, Jerry Peters, Mary Long, James
Looney or Ann Reed. . = 5
JUROR NOVOTNY: No. ing
THE COURT: You don't know any of then?
JUROR NOVOTNY: No. |
THE COURT: Randy Jackson, Royce Whybark, Dr. Crowell,
Donetta Bradford, Malcolm Brown, Lucille Brown. Do you know any
of those people? |
JUROR NOVOTNY: No. :
THE COURT: Dorothy Thompson, Charolotte Mann, Charlesett
Garcia, Vickie Keene.do you know any of them? |
JUROR NOVOTNY: No.
Penny Maser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
;
tee eretto nee eeanesiomeriatioe
@ 14) TRE courT: Charles Camp, Marcia Camp, Jerry Freitag,
ae cary Beggs? Ge ; | ne
| JUROR NOVOTNY: No. | ue a
pgs THE COURT: Tommy Kirk, Rusty, Featherstone, Bennie
McCarthey, Danny Mann, Gordon LL. | MeCarthey. Do you know any of
“them?
JUROR NOVOTNY: No. |
8 sie THE COURT: Al Cheek, Jim Nixon, Ron Taylor, Harvey
- g || Pratt?
10 JUROR NOVOTNY: Ron Taylor you say?
ll THE COURT: Yes, the Sheriff of Grady County.
12 JUROR NOVOTNY: I know him real well.
e go 43 THE COURT: Is he lene personal friend?
1g JUROR NOVOTNY: Oh, not exactly. aN"
15 THE COURT: But ou epeak when you see him?
16 . JUROR NOVOTNY: Yes. : BLP : aes eae
17 | THE COURT: All right. You've had no occasion to
18 discuss: this case with him?
19 JUROR NOVOTNY: (inaudible response)
20 THE COURT: You have or you have not?
a |} JUROR NOVOTNY: What now? -
22 THE COURT: Have you and Sheriff Taylor discussed this
23 case at all?
24 — JUROR NOVOTNY: No.
25 THE COURT: All right. Jim Smith, Jim Madison,
@ Penny Moser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671 —
SS pr ye “* “ 2 TR re eee Oe gt ee : Nye ~ Ot pe gee 7
: Ves 4 “4
ae | y
| Elton Crick, Dr. Helen Klein, David Reed, Stacey Knight or
Bill Day -- that ' sa Bill Day Econ. Eufaula. Do you know any of
shose individuals? L
a
4. 2 S€ JUROR NOVOTNY: ae 33 :
: 5 ‘% : ES THE couRT: Have you read. or hand anything about this
case other end what you heard in court yesterday?
vie JUROR NOVOTNY : No. T read about it at the time that”
body was found, that part of it, but I don*t remember anything
about it.
THE COURT: Okay. Do you recall forming an opinion
pee anyone's guilt or innocence?
JUROR NOVOTNY: No.
=
prow ee e
THE COURT: You did not. I will instruct you as to the
law. One of those is the law is the defendant is presuiied
‘innocent until proven B puitkey. avon a reasonable doubt. Do you"
‘think that's a good law? 3
| JUROR NOVOTHY: Yes:. x
THE COURT: Will cou make the State prove him guilty
|
1
beyond a reasonable doubt?
JUROR NOVOTNY: Yeah.
THE COURT: Have you had any experience you feel might
effect your consideration in this case?
JUROR NOVOTNY: No.
THE COURT: Have you ever been the victim of a crime or
-
a close family member been the victim of a crime?
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
——— ae .
wy re 7 ee eee ed me te ee pes . -4'° . eee ee n ,
; > Veet
24
25
, +
_ JUROR. NOVOTNY: . No,. no. ,
THE COURT: _The defendant is charged with Murder in the
First Degree. The law provides that a person convicted of
Murder in the First Degree shall be punished by death or by life
‘imprisonment. In a case where the law and the ‘evidence warrant,
: ee
in a proper case, could heed ‘without ‘doing violence to your
conscience agree to a verdice imposing the death penalty?
JUROR NOVOTNY: Could you repeat that?
THE COURT: Yes, I'll repeat it. In a case where the law
and the evidence warrant, in a proper case, could you without
doing violence to yout conscience agree to a verdict imposing the
death penalty? ‘
JUROR NOVOTNY: I think so.
THE COURT: You could consider= that?
“JUROR NOVOTNY: Yeah. - Se
THE COURT: All right. Having been eaten these
questions do you knaw of any vaasot why you could not be fair and
impartial both to the State of Oklahoma and to the Defendant?
JUROR NOVOTNY: No.
THE COURT: Tell us a little bit about yourself.
JUROR NOVOTNY: “About my health?
THE COURT: About yourself.
JUROR NOVOTNY: = Oh. Well, I was born and raised five
miles west of Pocaset. I worked for Tinker Field for about eight
years.
Penny Maser, C.5.H..
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
+ ie me
a farmer?
etd, ae
THE COURT: And how did you make your living? Were you
ae
. _ JUROR NOVOTNY: I was a farmer, I still farm some.
I still own a farm. I have it rented out.
today.
for cause for deafness.
questions.
THE COURT: All right. Are you married?
JUROR NOVOTNY : Right now? he has
THE COURT: You are married?
JUROR NOVOTNY: Yes. |
THE COURT: I think we're all having trouble hearing
Is your wife employed outside the home?
JUROR NOVOTNY: Say that again.
THE COURT: Is your wife employed outside the home?
JUROR NOVOTNY: No, she's at home.
THE COURT: So she doesn't work anywhere besides the -
JUROR NOVOTNY: No..
THE COURT: Okay. State may inquire.
MR. BARESEL: Thank you. Can we approach the bench,
THE COURT: Yes.
(Whereupon, the following record was made at the bench)
MR. BARESEL: Judge, the State would challenge the juror |
He was totally unresponsive to all your
MR. McCONNEL: I would agree, Your Honor.
Penny Moser, C.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE _
ANADARKO, OKLAHOMA 73005
(405) 247-3671 .
hate ch a nt te
wee Seabee 8
Pmese eed
htt ngit es out
ne ant pate sett RA wi
eee ee eee Earere
é pat
THE COURT: I'm going to sustain that. It appears as if
‘the answers were totally unresponsive. _ He will be excused.
(Whereupon », record at oe. bench was completed and .
_ proceedings resumed as follows: )
THE COURT:
i rest of the term.
eos Novotny, I 'm going to excuse you ae the
It appears as if we’ re having a little trouble
hearing.
at appreciaté you coming in.
Be sure you're checked in
over here so you can get paid.
JUROR NOVOTNY:
THE COURT:
the week, right.
Thank you. .
CLERK:
THE COURT: |
JUROR BROWN:
| THE COURT:
JUROR BROWN:
THE COURT:
coat.
Do you know Mr. Burns or Mr.
JUROR BROWN:
THE COURT:
any matter for you?
JUROR BROWN:
THE COURT:
Be sure you check in so we can pay you.
Barbara J. Brown, B-R-O-W-N.
I can go?
You're excused from service for the rest of
Okay.
Mrs. Brown, how are you?
Fine: 2
Can you hear me all right?
Fine. “
Good. If you'd like you can take off your
It seems to kind of warm up in here.
Baresel?
No.
Is the District Attorney's Office handling
No.
And you're not defending any matter?
Penny Maser, C.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
THE COURT :
. JUROR BROWN:
THE COURT:
JUROR BROWN:
THE ‘COURT:
“SUROR BROWN: 2
THE COURT:
Roaemmetneneneatnnts
wey you know Mr. Keene or
10 JUROR BROWN:
11 THE. COURT:
: Sa? : JUROR BROWN:
€ read THE COURT:
: “14 JUROR BROWN:
1s THE COURT:
| JUROR BROWN:
18 THE COURT:
ay |p. THE COURT:
27 || follow the law?
- JUROR BROWN:
34 THE COURT:
_
warrant,
a
IE Ey eee ey ee
. 4
*
_ JUROR. BROWN:
20 JUROR BROWN:
No.
f
Do you know Mr. McConnel?
-.¥o, lee
Do you, know Mr. = _ Thompson? 3 i oe
ee any of his fantly?
Selo Mele. a
We 've mentioned the name Charles Keene, do
any of his family?
No, sir.
You heard the list of witnesses that I read.
I did.
Do you know any ae them?
“No, L don’t =
Have you heard or read anything about the
16 || alleged facts in this case other than what was presented yesterday?
No, I have not.
Have you had any experience you feel might
ig || effect your consideration of this case?
No, I have not.
I will instruct you.on the law and will you
I will.
In a case where the law and the evidence
in a proper case, could you without doing violence to
Penny Moser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
tcinacye + et claglBins sh sttistit:* b a8. el
eae ao eorere ore ener ne serene eeanennee
A wn.
24
25
a ee
| your conscience agree to a verdict imposing the death. penalty?
JUROR BRONW: Yes.
THE COURT: Having been asked these questions do you
know of any reason at this time why you couldn't be fair to the.
‘State of Oklahoma and fair to Mr. Thompson? = ae
| JUROR BROWN: No, I don't. ne :
THE COURT: Okay. Tell us ‘ little bit about yourself.
JUROR BROWN: Well, I teach the eighth grade. I have
two children, one sixteen and one eighteen. My husband is Jerry
and works at Halliburton. : |
THE COURT: Now, your work -- I advise you this case
will probably take the rest of the week, probably until Friday.
Is there someone that can kind of cover for you? » |
JUROR BROWN: I work for the ‘reading lab and the teachers
take care of the classes. : See es es
THE COURT: All right. So you don't ia any pteusing
things you have to get back _to? | |
JUROR BROWN: No.
THE COURT: Do you-- where do you live?
JUROR BROWN: I live southwest of Rush. Springs.
THE COURT: All right. State may inquire.
MR. BARESEL: Thank you, Your Honor. Mrs. Brown, were
you in the back of the courtroom during all of yesterday?
- JUROR BROWN: Yes.
MR. BARESEL: You didn't go down to the basement?
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
ne angen oo \ oe so Ste ce eee 4\>
+
aay
meme» mannan w ser
JUROR BROWN:
MR. BARESEL:
will your job
"JUROR BROWN:
“MR. BARESEL:
JUROR BRON:
MR. BARESEL:
JUROR BROWN:
MR. BARESEL:
JUROR BROWN:
MR. BARESEL:
MR. BARESEL:
JUROR BROWN:..
No.
If you're selected as a juror in this
be?
To decide if he's guilty or innocent.
What will you base your decision on?
I'll base my decision on the evidence.
Testimony from the witness stand?
Yes.
The exhibits introduced in evidence?
Yes.
Base it on anything else?
No. |
Back in February, January or February
when these things were going on did you hear any radio accounts?
JUROR BROWN:
anything. ;
aprae
JUROR BROWN:
MR. BARESEL:
|} Halliburton?
JUROR BROWN:
MR. BARESEL:
None that I can recall, I don't think
Do y'all get the Chickasha Paper?
No.
Is your husband still working at
Yes.
When you were listening to Mr. McConnel
yesterday and Mr. Burns, did you think of anything that may need
to be brought to our attention, something from some other juror?
JUROR BROWN:
Not that I can recall.
Penny Moser, C.5.R.
OFFICIAL.COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
ee ee ne
ee ee ee
awh sitet = 6
pidbebnatier em tor
A AOC CELT A ee ORIN et Fett Ute ete te
Or ee te ne ne a rn re =
24
25
MR. BARESEL: Do you believe in the Constitution of the
State of Oklahoma?
rs Pa ¢ et 222 ; ‘ in =
JUROR BROWN: Yes.
MR. BARESEL: Do you believe that that defendant should
“Ibe entitled to all those protections?
JUROR BROWN: Ido.
= MR. BARESEL: Right to 4 yury trial?
a, JUROR BROWN: Right.
MR. BARESEL:. Right to counsel?
JUROR BROWN: ~ Yes.
MR. BARESEL: Right to a idanimous verdict by a jury of
his peers?
JUROR BROWN: Right. |
MR. BARESEL: If he has broken the laws of the State of
Oklahoma do you think he should be punished? RSS
JUROR BROWN: ‘Yes, T:dol Ae 3 ne a
MR. BARESEL: Do you understand that in this case that
there are only two punishments available if he's convicted of
Murder in the First Degree, life imprisonment or death penalty?
JUROR BROWN: I do.
MR. BARESEL: Sometimes when we do these examinations
we leave jurors with the impression that its a lot easier to make
the kind of decision we're talking about than it really is.
- JUROR BROWN: JI have a son that's eighteen and I know it
would not be easy and I would hope that if he were in this
Penny Moser, 0.5.H.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO. OKLAHOMA 73005
(405) 247-3671
———— eee teen i tr eee an a ee a oe ~“DBel ee eee ae
: oe me oe JUROR BROWN: | No, there should not Mpa
6
@
‘imnocence by race or prejudice should you? —
”
oA op
situation that we would have jurors that would, you know, be
willing to give him a fair trial I mean based on thé” ‘evidence.
MR. BARESEL: © “In a criminal jury trial is there any
eo a
place for Scapathy, or prejudice?
MR. BARESEL: You shouldn' t judge a person's guilt or
JUROR BROWN: No.-~
MR. BARESEL: Should you judge their guilt or innocence
by their age?
JUROR BROWN: No.
ee
MR. BARESEL: — If you believe at the end of this trial
that Wayne Thompson is guilty: as charged, that back as January
of this year he shot a man in the head, that he cut his throat
and belly, if we prove that to you beyond 5: reasonable “doubt
can you vote guilty? | |
JUROR BROWN: Yes.
MR. BARESEL: If eleven other people that are up here
ee pu
vote guilty with you and we go into this second phase and you
'
hear evidence that the killing was especially heinous, atrocous and
|
cruel and evidence that there is a probability that he will kill |
again, if you're given the opportunity to weigh that evidence, agai-
st what we call mitigating factors. Do you think you're the type |
of person that can make the decision of life and death that there.
is going to be in this case?
Penny Moser, €.5.B.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(405) 247-3671
24
25°
JUROR BROWN: Yes.. 3 |
MR. BARESEL : _When. ‘you get done are you going to feel
like you owe anybody an explanation +r. the way you voted? |
ies JUROR BROWN: No. | ee
MR. BARESEL: PB: your conscience?
JUROR BROWN: Yes
MR. BARESEL: Pass the juror for cause.
MR. McCONNEL: Mrs. Brown, I assume that you've been
able to hear most or all of the questions that I've asked the other
ladies and gentlemen here?
JUROR BROWN: Yes...
MR. McCONNEL: Okay. Are there any of those questions
that you would answer substantially differently than what they
answered yesterday? | -
‘JUROR BROWN: No, sir, there isn't.
MR. McCONNEL: Okay. I don't believe it has been
particularly discussed with you yet whether or not you've been on
jury duty before? |
JUROR BROWN: No.
MR. McCONNEL: You have not?
JUROR BROWN: No.
MR. McCONNEL: I imagine that from yesterday you are
becomming somewhat familiar with what is going to transpire here
in court the next few days, are you not? |
JUROR BROWN: Yes.
Penny Moser, 0.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
(408) 247-3671
t
oweer eaten
|
23
24
226
MR. McCONNEL: And will you promise me that the only
decision you make here will be based on what you héar anid not what
you fail to hear coming from the witness stand? 3 |
Heese. BROWN: I’ 11 base my decision on what fe hear.
“MR. McCONNEL: 3 You understand Eney have to prove “this
case to you? - : Vases Lae
= JUROR BROWN: Right.
: MR. McCONNEL: “What they don't prove to you to the
satisfaction of what you're instructed to do by the Judge, as far~
as the law, and you would make a decision on what things have been
proven to you. If any of that should fall short and you're not
convinced beyond a reasonable doubt of the puitt of this young
ean you would be a strong enough person to vote not guilty?
JUROR BROWN: Yes.
MR. McCONNEL: Do you have anything pressing iu: Mrs.
Brown? I know that sometimes if you're a teachers aide -- do you
have any particular pressure on you to wind this matter up earlier
than you might normally? |
JUROR BROWN: Like I say, the teachers teach in the
classroom and I just help her. | | :
MR. McCONNEL: Okay. The judge asked you the question
that in a proper case, certain circumstances, that you would be |
willing to impose the death penalty. I would ask you if you would
also if it should happen that you were to find this boy guilty of
Murder in the First Degree, if the facts warranted it and
Penny Maser, €.5.R.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
H Ain . (40S) 247-3671
moot et ie
et ee ae *
we
24
25
479 ())
IN THE DISTRICT COURT OF GRADY COUNTY, STATE OF OKLAHOMA ;
THE ‘STATE OF OKLAHOMA, } : ee
Plaintiff, ) =
) , ¥
Pe Men. Sade: ; CRF-83-45. Se
BOBBY JOE GLASS, ANTHONY JAMES MANN, ) > Dee
RICHARD JONES & WAYNE THOMPSON, >. sas
: } ILED IN DISTRICT CourT
Defendants ) a hanes
: AUG 17 1984
FILING SHEET
STATE OF OKLAHOMA ) ...
COUNTY OF GRADY ) ;
1, GLENDA FENIMORE, the duly elected, qualified and acting
Court Clerk in and for Grady County, Oklahoma, hereby certify
that the original and tuo copies of the within and foregoing
Transcript, duly certified by the Court Reporter preparing the
same, was filed in the District Court of Grady County, Oklahoma
on this, the /7 day of August, 1984, by Penelope M. Moser Zynda,
C.S.R. District Court Reporter, in and for the District Court of
Grady County, Oklahoma.
GIVEN under my hand and official seal, this /z7_ Gay of August
ns
LENDA FENIMORE, COURT CLERK
GRADY COUNTY, OKLAHOMA.
1984.
Penny Moser, 0.5.8.
OFFICIAL COURT REPORTER
CADDO COUNTY COURTHOUSE
ANADARKO, OKLAHOMA 73005
" (405) 247-3671
CC BY-NC-SA 4.0