[thanks to Isa]

TUESDAY, FEBRUARY 1, 1994.

THE COURT: Everybody ready? All right, call your next witness.

FOGLEMAN: Your Honor, we would like to recall Mr. Hoggard for one additional question in cross-examination.

THE COURT: All right.

FOGLEMAN: Louis Hoggard.

THE COURT: Are there any additional witnesses in the courtroom? Anyone that's in the courtroom, that's been subpoenaed? All right, sir, if you'd stand please. Raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth, in the matter now pending before the Court, so help you God?

SPECTATOR: Yes, sir.

THE COURT: You'll have to go outside. Anyone else?

FOGLEMAN: Your Honor, if there are any witnesses out in the hall, we'd like them to be called in and (inaudible) the rule, too.

THE COURT: All right. Do you have any additional witnesses here? Let's just call 'em all in and make sure they understand what the rule is. Tell, tell that young man that just went out to come back in so I can give him the... Mr. Hoggard, if you'll come around and just have a seat, please, sir.

(PEOPLE EXITING AND ENTERING COURTROOM)

THE COURT: Well, just wait a minute, the others are -- that's good, Sheriff, didn't that do it? Yeah, that's gonna do it good. All right, all of you -- is that all of 'em?

All right. All of you that know yourselves to be witnesses in this case, please raise your right hand to be sworn. Do you and each of you swear to tell the truth, the whole truth and nothing but the truth, in the matter now pending before the Court, so help you God?

WITNESSES: We do.

THE COURT: All right. The Court's going to -- you can put your hands down -- the Court's going to invoke what we call the rule. And that simply means that you are not to discuss your case -- your testimony -- with, among yourselves or with anyone, either before you testify or after you testify. You may discuss your testimony with the lawyers involved in the case, however. Any violation of the rule, I could subject you to contempt of court or jail and could also disqualify you as a witness. So, you'll need to remain outside of the courtroom, unless and until you're called to testify and you are not to discuss your testimony. All right, you may retire to the anteroom. All right, you may proceed.

RE-CROSS EXAMINATION

BY FOGLEMAN:

Q: You're the same Louis Hoggard that testified yesterday?

A: Yes.

Q: Mr. Hoggard, I'm going to show you, what I marked for identification purposes as State's Exhibit 100, and ask if you could identify that.

A: Yes, I can.

Q: Okay. If you would look through each page of it.

A: (FLIPPING PAGES)

Q: And do you recognize those, State's Exhibit 100, to be your truck log sheets from April the 28th through May the 28th?

A: Through May the 31st.

Q: Oh, excuse me, through May the 31st?

A: Mmm-hm.

Q: All right. And those are entries that you make yourself, is that right?

A: That's correct.

Q: All right. Your Honor, we would offer State's Exhibit 100.


THE COURT: All right. It may be received.

STIDHAM: Your Honor, may we have an opportunity to look at it?

THE COURT: Sure.

STIDHAM: Your Honor, we (inaudible) without objection.

THE COURT: Okay. Without objection, it may be received into evidence.


BY FOGLEMAN:

Q: Mr. Hoggard, I believe yesterday you explained to the jury what the different lines meant, about off-duty, on-duty. When you're off-duty, whether you're home or not depends on where your last destination was, I assume. Is that right?

A: That would be correct.

Q: All right. So, like for instance, on -- we'll just take May the 16th. Right here, where it shows you off-duty at night, you were somewhere in Atkins, Arkansas, is that right?

A: Correct.

Q: Okay. So, you wouldn't have been home at that time?

A: Correct.

Q: All right. And then, for instance -- let's see, May the 27th, from about 3:15 on, where would you have been?

A: At home.


FOGLEMAN: Okay. All right. I don't have any further questions, your Honor.

CROW: Nothing further, your Honor.

THE COURT: All right. You may stand down.

STIDHAM: May this witness be excused?

THE COURT: Any objections?

FOGLEMAN: No, sir.

THE COURT: All right. You're free to go. Call your next witness.

(WITNESS EXCUSED)