GARY GITCHELL

having been first duly sworn to speak the truth, the whole truth

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and nothing but the truth, then testified as follows:

DIRECT EXAMINATION

BY MR. FOGLEMAN:

Q: Will you please state your name?

A: Gary Gitchell.

Q: You're an inspector with the West Memphis Police Department?

A: Yes, sir.

Q: I want to direct your attention to June third, 1993. Did you participate in the questioning of Jessie Misskelley, Junior?

A: Yes, sir, I did.

Q: I believe that the exhibit that is attached to the Affidavit for Search Warrant which is the transcribed portion of that statement indicates that that interview ended at 3:18, something like that, after 3:00 p.m.?

A: 3:18 p.m.

Q: Once that portion of the interview concluded, what steps did y'all take in beginning work on obtaining a Search Warrant?

A: Well, we had to contact our prosecutors, our deputy prosecutors, the municipal court judge. We contacted the court clerk, Debbie, and all the key people in order to properly file the papers and go through the process of getting all the papers together and making copies for the different locations we were going to search.

Q: From the time that the -- this 3:18 p.m. when you began

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work on this until the time that the search warrants were issued -- what if anything were you working on? Were you working continuously?

A: Yes, sir. It was actually a madhouse trying to get all the paperwork together.

Q: In the course of the preparation of the Affidavits for Search Warrants, who was present?

A: You mean actually preparing the papers?

Q: Or assisting in the preparation of the papers.

A: It would have been Detective Ridge for the most part. Sudbury participated in that. Myself some and then deputy prosecutors were present.

Q: Myself and --

A: Mr. Hale.

Q: There was some testimony earlier about Judge Rainey participating and telling what needed to be in the Affidavit for Search Warrant. Were you present when Judge Rainey did anything like that?

A: That wouldn't be in the scope of his duties to do anything like that.

MR. WADLEY: I object to this witness saying it wasn't in the scope of his duties. There's testimony that he did do that.

BY MR. FOGLEMAN:

Q: When you were present, did you ever observe him do anything

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like that?

A: No, sir.

Q: Did you observe others instructing what needed to be in the Affidavit?

A: Like yourself and Mr. Hale.

MR. WADLEY: Your Honor, by agreement the State has no objection to introducing Defendant's One. It's the transcript of the "Interview of Jessie Misskelley, Junior, Second Interview Conducted to Clarify Previous Statements."

THE COURT: It may be received.

(DEFENDANT'S EXHIBIT ONE IS RECEIVED IN EVIDENCE FOR PURPOSES OF THIS HEARING)

THE COURT: Is that part of the Affidavit for Search Warrant?

MR. WADLEY: No, it's not, your Honor.

THE COURT: What's it being offered for.

MR. WADLEY: Judge, I'm going to tie this into the sworn testimony that was taken by Detective Gitchell and Detective Ridge when they were in front of Judge Rainey.

CROSS EXAMINATION

BY MR. WADLEY:

Q: Detective Gitchell, you were present at approximately 9:06 p.m. on June third, 1993, with Judge Rainey, Mr. Fogleman and

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Detective Ridge. Is that correct?

A: On and off I was. Not during the whole time.

Q: You recall being sworn in?

A: Yes, sir.

Q: By the judge?

A: Yes, sir.

Q: Where was that done at?

A: Municipal court chambers.

Q: You would agree with me that at the beginning of the interview with the judge and testimony being taken that Judge Rainey was concerned about some discrepancies in the first statement taken by Mr. Misskelley? Would you agree with that?

A: No. That the judge was -- no, sir.

Q: Have you reviewed the recorded transcript from this?

A: I believe that's mine.

Q: This is yours?

A: If this is -- no, no. I thought you had in reference to conversations I had with Mr. Misskelley.

Q: I'm referring -- I was asking you questions about being at municipal court at 9:03 p.m. on June third. You recall that, right?

A: Okay.

Q: That testimony was recorded?

A: Yes.

Q: You were sworn in as was Detective Ridge?

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A: Right.

Q: And do you recall Judge Rainey stating to the two of you that he had some obvious concerns about discrepancies in the statement of Misskelley as to the time that these murders occurred?

A: I would have to read this to --

Q: Read it.

A: (EXAMINING)

Q: I'm referring to the first paragraph. "I have completed this statement." This is Judge Rainey talking. "I have a question concerning what appeared to be some obvious discrepancy in time based upon the information provided me tonight concerning the investigation."

A: Okay. I guess I don't understand what you're asking.

Q: You were there when the judge was talking?

A: Yes, sir.

Q: You were sworn in at the very beginning of the evening when you were down there?

A: Right.

Q: You were aware that Judge Rainey had some concerns about discrepancies in the statement of Mr. Misskelley, correct?

A: That is what it says here, but what discrepancies are you talking about?

Q: As to time. I believe --

A: What times though?

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Q: As the time where his statement stated that his occurred at twelve noon, and you testified to say that you cleared that up, correct?

A: That's when I stated earlier I thought you were regarding to an interview with Mr. Misskelley. That is what I thought you was in reference to.

Q: What I'm referring to is when you are down in Judge Rainey's chambers. You recall this going on, don't you?

A: Sure. It is right there.

Q: He had some concerns about discrepancies?

A: Right.

Q: You have been involved in this investigation from day one?

A: Yes, sir.

Q: As a matter of fact it would be fair to say that you're in charge. You are the person in charge of this investigation?

A: Right.

Q: Prior to June third, 1993, you knew the manner in which these boys were bound. Is that correct?

A: Right.

Q: You also knew the type material that was used to bind them?

A: Right.

Q: What was that?

A: Shoestrings.

Q: What color were they?

A: Different colors. Black, white.

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Q: What else?

A: That's all I can recall at this time.

Q: Additionally, you are also the person who conducted the interview with Mr. Misskelley, the second one?

A: First and second.

Q: The one we have introduced as Defendant's one.

A: This is, yes, sir. Exhibit One. This is the second interview.

Q: In the second interview Mr. Misskelley describes the material used to tie these boys up as being a brown rope?

A: Right.

Q: You knew when you were in front of Judge Rainey down at the police department or down at his chambers, you knew he had some concerns about discrepancies?

A: I believe that was a discrepancy on time.

Q: You knew he was looking at those things, correct?

A: No, sir.

Q: And you knew when you were down there that there were statements this man had given concerning rope that were not accurate, didn't you?

A: No, sir.

Q: You didn't know that?

A: I don't understand what the point you're trying to make. Are you trying to indicate that I withheld information?

Q: No, sir. Let me ask you again.

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A: That's the appearance I get.

Q: Well, I will ask it again. When you were present at Judge Rainey's chambers and you were there and you were trying to get a Search Warrant to search the trailer of Jason Baldwin, correct?

A: Right.

Q: You know -- and you're a detective and have been in those situations before?

A: Right.

Q: You know that a magistrate is going to look at it to make an informed decision to issue a Search Warrant or not issue a Search Warrant?

A: Right.

Q: You had knowledge at that time based upon taking the statement of Mr. Misskelley, the second statement of Mr. Misskelley, that he described in there that the boys had been bound with a brown rope. Is that correct?

A: That's what he stated.

Q: You knew that not to be true, didn't you?

A: I don't know that all of that's not true. I don't know.

Q: You don't know?

A: That is what he stated, yes.

Q: You are down there and you have presented the Affidavits based on what Mr. Misskelley said, and you know that there are things in his statement that a judge is making decisions on, on

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veracity and whether or not there's discrepancies in the statement and you knew there were some things in there that were not correct?

A: Who knows that they are not tied with shoestring and other rope. I don't know that. They could have been previously tied. I do not know that. So you're trying to get me to answer something I do not know.

Q: The only knowledge that you possessed was that the boys were tied up with black and white shoestrings. Is that right?

A: That's what I observed, not how they were previously. I don't know.

Q: Of course. I'm just saying you knew that?

A: I knew what I saw.

Q: It's also fair to say that the person who was applying for the Search Warrant, the person who was presenting that was not yourself but in fact it was Detective Ridge?

A: That's right.

Q: You have been a detective for a long time, haven't you?

A: Yes, sir.

Q: How long have you been serving?

A: In my 20th year.

Q: Would you venture to guess how many search warrants you have been involved in?

A: I couldn't even take a guess.

Q: Some of those warrants involved homicide?

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A: Yes, sir.

Q: It's also fair to say that no situation -- it is always a madhouse. Things are always hectic when you're getting a Search Warrant, aren't they?

A: No, not like this case. There's never been another case like this one.

Q: In the issuance of another Search Warrant never has been?

A: No, sir, not like this one.

Q: When you say, "madhouse," what are you referring to?

A: You've got deputy prosecutors there, you've got some 15 police officers there. You have been to my office. You have seen the smallness of it. It is quite congested with a lot going on so I labeled it as a madhouse. It was very busy that night, the morning and the following day and some 30 days after May 6th.

Q: Whenever you're getting a Search Warrant, there's always a lot of activity going on, isn't there? That's a fair statement to make, isn't it?

A: Not as much as it is in this case.

Q: That's a fair statement to make, isn't it?

A: Little overrated, but a fair statement.

CROSS EXAMINATION

BY MR. PRICE:

Q: When the rights form was signed by Jessie Junior, at 11:00 a.m. did Jessie Senior also sign that rights form?

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A: I wasn't present. I don't know.

Q: Approximately how many hours has the West Memphis Police Department spent on this case so far?

A: I couldn't begin to tell you.

REDIRECT EXAMINATION

BY MR. FOGLEMAN:

Q: When you talked to the defendant Jessie Misskelley and concluded the recorded statement, did he tell you specifically which boy -- without naming him -- was cut in the genital area?

A: Yes, sir.

Q: Was that the same person that you had observed and knew to have been cut?

A: Yes, sir.

Q: How many boys were cut in the genital area?

A: Just one boy.

Q: How many boys did Jessie Misskelley name as being cut in the genital area?

A: One boy.

Q: Did he also give you information about one of the boys being cut in the face?

A: Yes, sir.

Q: How many boys were cut substantially in the face?

A: Just one boy.

Q: How many boys did the defendant Jessie Misskelley say were cut badly in the face?

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A: Just one.

Q: And that is in the recorded statement that is attached as an exhibit?

A: Yes, sir.

Q: Had this information about the specific nature of these injuries -- had that been released to the public?

A: No, sir.

(WITNESS EXCUSED)

MR. FOGLEMAN: Your Honor, we have nothing further. However, we would like -- in view of the statement of Detective Ridge which we had no way to anticipate -- we would like an opportunity to hold the record open for Judge Rainey's testimony.

MR. WADLEY: Judge, there's no basis for holding the record open for additional testimony. They had an opportunity to have him here today.

MR. FORD: They're trying to rehabilitate their own witness.

THE COURT: If you have to get him here, get him here. Is he here in town?

MR. FOGLEMAN: Your Honor, he's at a deposition in Memphis. He says that he can call back if we'll page him. But he's tied up in a deposition.

THE COURT: All right. I'll decide later. If I think you need to call him, I'll let you do it.

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MR. FOGLEMAN: Your Honor, if it's necessary for me to testify, I'll do it. I was there.

THE COURT: All right. Call your first witness.