JOHN MURRAY

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. John Murray. I'm an investigator with the Crittenden County Sheriff's Department.

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

A. Yes, I have.

Q. When was that?

A. It was the tenth month, 23rd day of '92.

Q. Did you say the 23rd day?

A. Yes, sir.

Q. Would you --

A. 27th -- I'm sorry.

Q. When you had this contact with Mr. Misskelley, did you advise him of his rights?

A. Yes, I did.

Q. How did you do that?

A. I read from a rights form each one of the rights to him as he read along with me and after reading each rights a response of the word "yes" and his initial was placed on that line.

Q. Did -- after you read the right to him, did he indicate to him whether or not he understood the right?

A. Yes, he did.

Q. How did he signify that understanding?

A. He put the word "yes" on the line and he stated that he did understand them.

Q. Did you do the same procedure for each of those five rights?

A. Yes, I did.

Q. Did he indicate that he understood all those rights?

A. Yes, he indicated to me that he did.

Q. Did you use any force, promises, threats or coercion to get him to place his initials on it?

A. No, I didn't.

Q. Did you then ask him if he was willing to make a statement?

A. Yes, I did.

Q. Did he sign the form?

A. Yes, he did.

Q. Did you use any force, promises, threats or coercion to get him to sign the form?

A. No, I didn't.

Q. Did you sign as a witness?

A. Yes, I did.

Q. Who else was present?

A. William Wood, Junior, Union Pacific Railroad.

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

THE COURT: It can be received for the purpose of this hearing. I'm not ruling on their admissibility in the trial itself. In your motion on the eleven year old, I might reconsider that if it became necessary to introduce it at trial. So you can preserve any objection you have on admissibility for trial purposes on all exhibits that are received today, if it becomes necessary.

(STATE'S EXHIBIT FOUR IS RECEIVED IN EVIDENCE)

BY MR. FOGLEMAN:

Q. Did Mr. Misskelley appear to understand the rights?

A. Yes, sir, he advised me that he did understand his rights.

CROSS EXAMINATION

BY MR. STIDHAM:

Q. Are you familiar with Jessie?

A. Yes.

Q. You know that he's slow?

A. Yes.

Q. Did you take any special precaution to be sure he understood his rights?

A. I asked him whether or not he understood each one of the rights. If he did not understand, I would explain them.

Q. If he's slow, how is he going to know if he understood them?

A. I asked him whether he did and he stated he did understand.

Q. You just assumed then that he did?

A. That was my opinion that he understood.

Q. Do you notice anything strange about Jessie's signature?

A. It is printed instead of handwritten.

Q. Doesn't that bother you?

A. No, sir. Each time I have talked to him in the past and whenever he has signed, he has printed.

Q. That's kind of unusual, isn't it?

A. We have quite a few juveniles that I have dealt with that print their name instead of writing it.

Q. He never made any attempt to invoke any of his constitutional rights?

A. No, sir.

REDIRECT EXAMINATION

BY MR. FOGLEMAN:

Q. In completing that form did you get a date of birth from him?

A. Yes, I did.

Q. What was that?

A. 7-10-75.

MR. FOGLEMAN: Your Honor, he would have been thirteen at the time of the other rights, not eleven.

MR. STIDHAM: Did his father sign that?

THE WITNESS: No, sir.

(WITNESS EXCUSED)