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CHAPTER 19 THE TRASH
This excerpt is from the testimony of Don Gregory at the criminal trial. The defendant's attorney, Mr. Mitchell, is asking
the questions. Q. "All right. And on that occasion, sir, with this being the trash dumpster, were there parking blocks coming
out the south door to the trash dumpster?" A. "True, yes." Q. "And do you know or recall how many there were then?" A. "No.
I mean, to the dumpster there's four or five. I've never counted them . I don't know. Four or five places to park there."
Q. "Sure. Now with respect to--Can you see?..With respect to these parking blocks, where was the van that was owned, the maroon
van owned by Vickie Brown sitting?" A. "It was in one of the first three spots. It's somewhere, I can't remember whether it
was in the first spot or maybe the second spot you know. It all depends on how people park. Some people take two spots when
they park."...Q. "..Sir, when you came around the corner on that day when you walked Misty Hayes out?" A. "Yeah." Q. "And
said hi to Neil or exchanged niceties?" A. "Right, correct." Q. "Okay. You didn't see Vickie Brown in that van, did you?"
A. "I think I did. I mean, yes. I think I did. I don't really know. To be honest with you, I didn't pay any attention. I exchanged
with Neil. I wasn't looking for Vickie Brown, you know. I mean, I assumed. I guess I assumed they were both there. They were
sitting there." Q. "Fair enough. You made the assumption that she was there?" The State Prosecutor interrupts. MR. AHSENS:
I'm going to object that that mischaracterizes the testimony of the witness. THE COURT: I think assumed was the word he used.
Overruled." Q. (By Mr. Mitchell) "You made the assumption that Ms. Brown was there, correct?" A. "I know when I emptied the
trash in the dumpster, which was probably after that, she was there." Q. "Well, now, sir, when you emptied the trash
in the dumpster at 2:15, 2:10, 2:15, but you take Misty Collins or --excuse me-- Misty Hayes out at 2:15, which one is really
the last one?" A. "I'll be honest with you, I think I walked Misty out first. All I do when the girls leave, I walk out on
the deck, I watch them get in their vehicle, wave. And of course when I take the trash out, see, I have to go right by and
go in front of where the van was parked." Q. "You're not certain whether you took Misty Hayes out first or the trash, are
you?" MR. AHSENS: "I'm going to object to that. Again, it mischaracterizes his statement. He says he believed he took her
out first." THE COURT: "Overruled. You may answer." A. "What was your question, sir?" Q. (By Mr. Mitchell) "Your not 100 percent
positive whether you took the trash out first or whether you took Misty out, are you?" A. "Yes, I can be positive that I walked
Misty out first because that was--Yeah, I'm pretty sure. 95 percent sure I walked Misty out first because
then I have to empty the trash out of the ladies room, the men's room into this one, and then that was one of the
last things you do before you mop. Q. "Sir, any reason you didn't mention taking the trash out on February
4th, 2004?" A. No, not--if I was asked or maybe I didn't think of it. I'm not sure." Q. "It's
a pretty significant piece of time in this case." MR. AHSENS: "I'm going to object to commenting on the evidence.
That's improper." THE COURT: "Sustained."
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