Byron Case Transcripts 20 David Hill
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Testimony and cross examination of David Hill State of Missouri v. Byron Case May 1, 2002. Pages 899-907 Direct examination by Mr. Lance Cross examination by Mr. Fry Page 899
(David Hill testimony)
MR. LANCE: Actually, Judge, before I start this witness, we have a stipulation. THE COURT: Go right ahead. MR. LANCE: We're offering Defendant's Exhibit 30, which is the data on sun on Wednesday 22nd of October, 1997, showing sunrise that day was 7:36 a.m. and sunset was 6:30 p.m. And I believe we stipulated Defendant's 30 can go into evidence. MR. FRY: That is the stipulated and no objection, Your Honor. THE COURT: Okay. So we're stipulating to those facts and we're allowing the exhibit into evidence; is that true? MR. FRY: Correct. THE COURT: All right. We will show the stipulation, which has been announced to the jury, is evidence and may be considered, and Defendant's 30 shall be admitted into evidence. (Defendant's Exhibit No. 30 was received into evidence.) DAVID HILL, having been duly sworn by the Court, testified: Page 900
(David Hill testimony)
DIRECT EXAMNATION BY MR. LANCE: Q. Good morning, Mr. Hill. For the record, please state your name. A. David Hill.
Q. And where do you currently reside at? A. In Shawnee, Kansas. Q. Where are you currently employed at? A. Missouri State Public Defenders Office. Q. What's your job title at the Public Defenders Office? A. Paralegal investigator. Q. What type of work duties are involved in your job as an investigator? A. Interviewing defendants, interviewing witnesses, taking pictures, making diagrams of crime scenes, obtaining records, making charts, diagrams. Q. In the specific case of State of Missouri vs. Byron Case, were you asked to do any investigative work in that matter? A. Yes, sir. Q. And was that request from myself, Mr. Horton Lance? A. Yes, Sir. Q. Did I ask you to make some measurements of mileage between two locations? Page 901
(David Hill testimony)
A. Yes. Q. Can you describe for the jury what the two locations were, first of all? A. The mileage was taken from the cemetery, at Mount Washington Cemetery, the homicide scene known as a cul-de-sac. I drove from there to Inland and Douglas Streets, and I believe this is actually in Kansas City, Kansas, on two occasions, two different routes. Q. You took two different routes to prepare time and mileage? A. Yes. Q. The first time you drove from the homicide scene to this Douglas Street in Kansas, how long did it take you to drive? A. It took me 35 minutes. Q. What was the mileage? A. 33 miles. Q. The second time you drove it, how long -- how many minutes did it take you to drive between those two areas? A. 36 minutes. Q. And what was the mileage? A. 35.5 miles.
Page 902
(David Hill testimony)
Q. All right. When we were discussing the homicide scene, do you know which cemetery you were in? I just want to clarify that. A. I think this was in the Lincoln Cemetery I believe we were in. Q. I just wanted to clarify that for the record. That was where you started from? A. Yes. Q. All right. MR. LANCE: No further questions. THE COURT: All right. MR. FRY: I just have a few questions. CROSS EXAMINATION BY MR. FRY: Q. Mr. Hill, how long have you been working for the Public Defenders Office? A. Three years. Q. Three years? A. Yes, sir. Q. You have been working with Mr. Lance three years; is that right?
A. Yes, sir. Q. You work on a lot of cases for a lot of the different attorneys; is that right? A. Yes, Sir. Page 903
(David Hill testimony)
Q. In this particular case, Mr. Lance asked you to go out to this Lincoln Cemetery to kind of look that area out and make some measurements; is that right? A. Yes, Sir. Q. Did he make you aware of the area 435 and Truman Road was a significant area in this case? A. That's the route I took was 435, yes. Q. Right. But in that particular intersection, you knew that was a significant intersection area of this case; is that right? A. I just knew what he told me to take measurements of. That was it. Q. You drove in that area? A. Yes, Sir. Q. Did you take note at all of the Amoco station? A. No, Sir.
Q. He only asked you to do some measurements; he didn't ask you to take note of anything else? A. Yes, Sir. Q. He did not ask you to take note of anything else? A. No, Sir. Q. So you didn't take note -MR. FRY: If I may Judge, can the defendant stand next to -Page 904
(David Hill testimony)
THE COURT: You mean the witness? MR. FRY: Yes, I do, Sir. THE COURT: Absolutely. BY MR. FRY: Q. Mr. Hill, if you would stand over here. This map here is Lincoln Cemetery. If you would stand to the side there. This is the Lincoln Cemetery area. Here is Truman Road and 435. Does that orient you in this map? A. Yes, Sir. Q. Does it look fairly representative of the area as you recall it? A.
Yes, Sir. Q. And this particular area that you started off was right here where I'm pointing in Lincoln Cemetery; is that correct? A. Yes, Sir. Q. And, if you did the mileage, do you know what the mileage is from Lincoln Cemetery down to the Amoco station down here at this intersection? A. No, Sir. Q. You did take the mileage from this area, am I right? A. I took the mileage from that area to Inland and Douglas Street in Kansas. Page 905
(David Hill testimony)
Q. But you went through this area; this is where you started, right? A. Yes, Sir, I went through there. Q. Now, would you dispute that it's about a half a mile from this gas station up into this Lincoln Cemetery? Are you aware of that distance at all? A. No, Sir. Q. In checking this area out for Mr. Lance, did you become aware that it's like almost two miles, almost two miles, if you get from Truman Road here at the gas station up to Winner Road, 24 Highway, if you take this route? Are you aware of that distance at all? A.
No, Sir. Q. Okay. Did he make you aware that the victim lived off Truman Road up by the Truman House? A. No, Sir. Q. While you were checking distance, would it have been easy for you to check and see that from Amoco to the Truman House was three and a half miles? MR. LANCE: Judge, I object to this for speculation at this point. Would it have been easy to check this or that. He's testifying what he did. I object. Page 906
(David Hill testimony)
THE COURT: Overruled. BY MR. FRY: Q. In checking mileage that's pertinent to this case, Mr. Lance did not ask you to check from the Amoco station to her home here near the Truman Home; is that right? A. That's right. Q. Would you have any idea if I'm close that it's like a three and a half mile distance? A. I do not have any idea. Q. Would you have any idea, Sir, that once you get this Lincoln Cemetery off Truman Road, it's a mile and a half before there is even a street light that Anastasia would have run into? Would you have any idea about that? A. No, Sir. Q.
Would you have any idea what the Amoco station looks like? A. No, Sir. Q. Would you have any idea that there is a pay phone right there by the street? A. No, Sir. Q. Do you have any idea that, in addition to a garage, that there is a store area where anybody could wait for a ride? Page 907
(David Hill testimony)
A. No, Sir. Q. Would you have any idea that it's not like one of those downtown places where it's all glassed in and there is no room for anybody else standing, there; you have to do all your business through the glass area, there is actually a room to sit in? A. No, Sir. Q. You have no idea about that? A. No. Q. Mr. Lance didn't ask you to do any of that? A. No, Sir. MR. FRY: No further questions, Judge.
THE COURT: All right. Do you desire any redirect, Mr. Lance? MR. LANCE: No, Sir. THE COURT: Okay. Thank you Mr. Hill. (The witness was excused.)
(David Hill testimony)
MR. LANCE: Actually, Judge, before I start this witness, we have a stipulation. THE COURT: Go right ahead. MR. LANCE: We're offering Defendant's Exhibit 30, which is the data on sun on Wednesday 22nd of October, 1997, showing sunrise that day was 7:36 a.m. and sunset was 6:30 p.m. And I believe we stipulated Defendant's 30 can go into evidence. MR. FRY: That is the stipulated and no objection, Your Honor. THE COURT: Okay. So we're stipulating to those facts and we're allowing the exhibit into evidence; is that true? MR. FRY: Correct. THE COURT: All right. We will show the stipulation, which has been announced to the jury, is evidence and may be considered, and Defendant's 30 shall be admitted into evidence. (Defendant's Exhibit No. 30 was received into evidence.) DAVID HILL, having been duly sworn by the Court, testified: Page 900
(David Hill testimony)
DIRECT EXAMNATION BY MR. LANCE: Q. Good morning, Mr. Hill. For the record, please state your name. A. David Hill.
Q. And where do you currently reside at? A. In Shawnee, Kansas. Q. Where are you currently employed at? A. Missouri State Public Defenders Office. Q. What's your job title at the Public Defenders Office? A. Paralegal investigator. Q. What type of work duties are involved in your job as an investigator? A. Interviewing defendants, interviewing witnesses, taking pictures, making diagrams of crime scenes, obtaining records, making charts, diagrams. Q. In the specific case of State of Missouri vs. Byron Case, were you asked to do any investigative work in that matter? A. Yes, sir. Q. And was that request from myself, Mr. Horton Lance? A. Yes, Sir. Q. Did I ask you to make some measurements of mileage between two locations? Page 901
(David Hill testimony)
A. Yes. Q. Can you describe for the jury what the two locations were, first of all? A. The mileage was taken from the cemetery, at Mount Washington Cemetery, the homicide scene known as a cul-de-sac. I drove from there to Inland and Douglas Streets, and I believe this is actually in Kansas City, Kansas, on two occasions, two different routes. Q. You took two different routes to prepare time and mileage? A. Yes. Q. The first time you drove from the homicide scene to this Douglas Street in Kansas, how long did it take you to drive? A. It took me 35 minutes. Q. What was the mileage? A. 33 miles. Q. The second time you drove it, how long -- how many minutes did it take you to drive between those two areas? A. 36 minutes. Q. And what was the mileage? A. 35.5 miles.
Page 902
(David Hill testimony)
Q. All right. When we were discussing the homicide scene, do you know which cemetery you were in? I just want to clarify that. A. I think this was in the Lincoln Cemetery I believe we were in. Q. I just wanted to clarify that for the record. That was where you started from? A. Yes. Q. All right. MR. LANCE: No further questions. THE COURT: All right. MR. FRY: I just have a few questions. CROSS EXAMINATION BY MR. FRY: Q. Mr. Hill, how long have you been working for the Public Defenders Office? A. Three years. Q. Three years? A. Yes, sir. Q. You have been working with Mr. Lance three years; is that right?
A. Yes, sir. Q. You work on a lot of cases for a lot of the different attorneys; is that right? A. Yes, Sir. Page 903
(David Hill testimony)
Q. In this particular case, Mr. Lance asked you to go out to this Lincoln Cemetery to kind of look that area out and make some measurements; is that right? A. Yes, Sir. Q. Did he make you aware of the area 435 and Truman Road was a significant area in this case? A. That's the route I took was 435, yes. Q. Right. But in that particular intersection, you knew that was a significant intersection area of this case; is that right? A. I just knew what he told me to take measurements of. That was it. Q. You drove in that area? A. Yes, Sir. Q. Did you take note at all of the Amoco station? A. No, Sir.
Q. He only asked you to do some measurements; he didn't ask you to take note of anything else? A. Yes, Sir. Q. He did not ask you to take note of anything else? A. No, Sir. Q. So you didn't take note -MR. FRY: If I may Judge, can the defendant stand next to -Page 904
(David Hill testimony)
THE COURT: You mean the witness? MR. FRY: Yes, I do, Sir. THE COURT: Absolutely. BY MR. FRY: Q. Mr. Hill, if you would stand over here. This map here is Lincoln Cemetery. If you would stand to the side there. This is the Lincoln Cemetery area. Here is Truman Road and 435. Does that orient you in this map? A. Yes, Sir. Q. Does it look fairly representative of the area as you recall it? A.
Yes, Sir. Q. And this particular area that you started off was right here where I'm pointing in Lincoln Cemetery; is that correct? A. Yes, Sir. Q. And, if you did the mileage, do you know what the mileage is from Lincoln Cemetery down to the Amoco station down here at this intersection? A. No, Sir. Q. You did take the mileage from this area, am I right? A. I took the mileage from that area to Inland and Douglas Street in Kansas. Page 905
(David Hill testimony)
Q. But you went through this area; this is where you started, right? A. Yes, Sir, I went through there. Q. Now, would you dispute that it's about a half a mile from this gas station up into this Lincoln Cemetery? Are you aware of that distance at all? A. No, Sir. Q. In checking this area out for Mr. Lance, did you become aware that it's like almost two miles, almost two miles, if you get from Truman Road here at the gas station up to Winner Road, 24 Highway, if you take this route? Are you aware of that distance at all? A.
No, Sir. Q. Okay. Did he make you aware that the victim lived off Truman Road up by the Truman House? A. No, Sir. Q. While you were checking distance, would it have been easy for you to check and see that from Amoco to the Truman House was three and a half miles? MR. LANCE: Judge, I object to this for speculation at this point. Would it have been easy to check this or that. He's testifying what he did. I object. Page 906
(David Hill testimony)
THE COURT: Overruled. BY MR. FRY: Q. In checking mileage that's pertinent to this case, Mr. Lance did not ask you to check from the Amoco station to her home here near the Truman Home; is that right? A. That's right. Q. Would you have any idea if I'm close that it's like a three and a half mile distance? A. I do not have any idea. Q. Would you have any idea, Sir, that once you get this Lincoln Cemetery off Truman Road, it's a mile and a half before there is even a street light that Anastasia would have run into? Would you have any idea about that? A. No, Sir. Q.
Would you have any idea what the Amoco station looks like? A. No, Sir. Q. Would you have any idea that there is a pay phone right there by the street? A. No, Sir. Q. Do you have any idea that, in addition to a garage, that there is a store area where anybody could wait for a ride? Page 907
(David Hill testimony)
A. No, Sir. Q. Would you have any idea that it's not like one of those downtown places where it's all glassed in and there is no room for anybody else standing, there; you have to do all your business through the glass area, there is actually a room to sit in? A. No, Sir. Q. You have no idea about that? A. No. Q. Mr. Lance didn't ask you to do any of that? A. No, Sir. MR. FRY: No further questions, Judge.
THE COURT: All right. Do you desire any redirect, Mr. Lance? MR. LANCE: No, Sir. THE COURT: Okay. Thank you Mr. Hill. (The witness was excused.)
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