JERRY DRIVER

having been first sworn to speak the truth, the whole truth and nothing but the truth, then testified as follows:

DIRECT EXAMINATION

BY MR. FOGLEMAN:

Q. Will you please state your name and occupation?

A. Jerry Driver. I'm the chief juvenile officer for Crittenden County.

Q. In the course of your duties as the chief juvenile officer have you had occasion to come in contact with Jessie Misskelley, Junior?

A. Yes, sir, I have.

Q. Either right before or right after you were sworn, did you hand me this file?

A. Yes, I did.

Q. Does that file contain the juvenile matters that are relevant to Jessie Misskelley, Junior?

A. Yes, it does.

MR. STIDHAM: May I inquire as to the relevance of this?

MR FOGLEMAN: This is going to the number of times that Jessie Misskelley has been advised of his rights in the past.

THE COURT: I'm going to allow it.

BY MR. FOGLEMAN:

Q. I am going to refer specifically to March the 31st, 1993.

A. Yes, sir.

Q. On that occasion did you have an opportunity to come into contact with Jessie Misskelley?

A. Yes, I did.

Q. At that time did you advise Mr. Misskelley of his rights?

A. Yes, I did.

Q. How did you advise him of his rights?

A. I read him a rights statement, asked him if he understood each one. Had him read him over, initial the rights and sign a statement that he wished to talk to me. Also his father signed.

Q. His father was present?

A. Yes, he was.

Q. I want to show you what appears to be a waiver of rights marked for identification as State's Exhibit One and ask if you can identify that?

A. (EXAMINING) Yes, sir, that is the rights form that was signed on 3-31-93.

Q. Is that a copy of the rights form that you used to advise Jessie Misskelley of his rights under the Constitution and laws of the State of Arkansas and the United States?

A. Yes, it is.

Q. I notice before each right there is a blank and it has got some initials. Who placed those initials there?

A. Mr. Misskelley.

THE COURT: Are you talking about the defendant or his dad?

THE WITNESS: The defendant.

BY MR. FOGLEMAN:

Q. Before the second right -- when did he put these initials there?

A. After I read the rights to him.

Q. After you read, for instance, the first one -- he has the right to remain silent, what did you say?

A. I asked him if he understood that right.

Q. What did he indicate?

A. That he did.

Q. After he indicated that he did, what did you ask him to do?

A. To put his initials by that right.

Q. Did you do that same procedure for each right?

A. Yes.

Q. Following the advice of rights, is there a portion headed "waiver?"

A. Yes there is.

Q. What did you do in regard to this section?

A. We asked him as it states here, "Do you understand each of these rights as I have explained them to you?"

Q. What was his response?

A. His response was that he did and we had him place his initial in the box for yes.

Q. "Having these rights in mind, do you wish to talk to us now?"

A. Yes.

Q. What was his response?

A. That he did.

Q. Did you ask him if he would sign the form?

A. Yes.

Q. Did he sign it?

A. Yes, he did and I also advised him to read it over again.

Q. Who put the date after his signature?

A. I don't recall.

Q. Then who signed besides Jessie Misskelley, Junior?

A. His father Jessie Misskelley, Senior and myself.

Q. Any forces, promises, threats or coercion used when you advised him of his rights?

A. No, sir.

MR. FOGLEMAN: We would offer State's Exhibit One.

MR. CROW: No objection.

(STATE'S EXHIBIT ONE IS RECEIVED IN EVIDENCE)

BY MR. FOGLEMAN:

Q. I want to refer your attention to -- it looks like October 28th, 1992. Do you know who advised him of his rights on that occasion?

A. I believe it was me.

MR. STIDHAM: That's not proper if he's not sure.

THE WITNESS: It was me.

BY MR. FOGLEMAN:

Q. How can you tell?

A. The rest of my paperwork has my signature on it.

Q. Is that paperwork done at the same time you gave him his rights?

A. Yes, sir.

Q. Was this October 28th, 1992?

A. Yes, it was.

Q. Did you use the same type of form this time?

A. Yes.

Q. Did you follow the same procedure?

A. Yes.

Q. And did you use any force, promises, threats or coercion on this case?

A. No sir.

Q. Did you advise him of each right?

A. Yes, sir.

Q. Did he indicate that he understood each right?

A. He indicated that he did, and I once again indicated he should read it over before he sign it.

Q. Did he place his initials as before?

A. Yes, sir.

Q. Any force, promises, threats or coercion used on this occasion?

A. No, sir.

Q. Who else signed?

A. His father signed it and I don't believe I signed it. I don't see my name on there but it was with the other forms.

MR. STIDHAM: We object to this exhibit because I don't think it has been properly authenticated. This witness doesn't know for sure he was present when this happened.

THE COURT: Overruled. You were present you prepared the paperwork?

THE WITNESS: Yes, sir, I just neglected to sign this particular form.

(STATE'S EXHIBIT TWO IS RECEIVED IN EVIDENCE)

THE COURT: You said you asked him to read it. Do you know whether or not he had the ability to read?

THE WITNESS: It appeared that he did. He read it over and signed it.

THE COURT: Did he ask any questions?

THE WITNESS: No, sir. I asked him several times if he had any questions.

THE COURT: Did his father have any questions?

THE WITNESS: No, sir.

THE COURT: Was he given an opportunity to read it in each case?

THE WITNESS: Yes, sir.

THE COURT: Did he attempt to do so or appear to do so?

THE WITNESS: Appeared to do so.

CROSS EXAMINATION

BY MR. STIDHAM:

Q. Would you take a look at Mr. Misskelley's signature on that form?

A. Um-hum.

Q. Do you notice anything strange about his signature?

A. It's not in cursive.

Q. Does that bother you?

A. No, sir.

Q. How do you know he can read and write?

A. He indicated to me that he could.

Q. You just always accept that without question?

A. I asked him if he had any questions about this. We went over each one of them. He said he had no questions, that he understood it. I asked him to read it over. He took it, appeared to be reading it and then signed it.

Q. Isn't it true that he just signed it without looking at it and just summarily did it?

A. No, sir, that's not true.

Q. Is there a reason why Jessie Senior signed this form?

A. Yes, sir, we always have the parent sign.

Q. That's the law, is it not?

A. In intake, yes, sir.

(WITNESS EXCUSED)