The following testimony is from the Preliminary Hearing, 2/4/2004. The questioner is Dent County Prosecutor James Gray. The person answering the question is Don Gregory. Q. "Did you see Vicki Brown after closing?" A. "Yeah, she was sitting there, and Sheila Mae Westerman was consoling her, and they took her out and put her in the van, and I recall that she left a pair of shoes under the table, like high heels,....and I remember taking those out and giving them to Sheila, or some lady at the back door, and Vicki was in a van." Q. "How far from the back door was the van parked?" A. "Ten to twenty feet, you know, like maybe two parking spots south of the back door." Q. "Okay. As you were looking at the van from the back door, were you looking at the passenger side of the van or--?" A. "Yeah, the van was backed into the driving spot."

Now we go to the criminal trial. The questioner is the defendants attorney. The person responding is Deanna Dean. Q. "Okay. Where do you recall the maroon van being?"..A. "It was parked where the back door was. There was probably a couple of spaces. The van was backed in, and it was before the dumpster." Q. "And when you returned, where was it?" A. "The van was in the same place." Q. "You're positive it was in the second or third space outside the back door?" A."There was like a couple of spaces, one or two spaces around there because I had enough room when I pulled up. I pulled in beside the van on this side of the van." Q. "Between the van and the building?" A. Yes, and there was still room."

Now the testimony at the criminal trial is from Scott Westerman. The questioner is the defense attorney. Q. "Thank you, your honor. Mr. Westerman, when you left Gregory's Roadhouse, do you recall where Ms. Brown's van was parked?" A. "Yes...Just south of the building right before the dumpster." Q. "Okay. It was backed up to one of the parking blocks?" A. "Yes."

Now to some testimony from Don Gregory at the criminal trial. Mr. Mitchell, the defense attorney is questioning him. The State Exhibit No. 1 is the sketch of the parking lot at Gregory's Roadhouse. Q. "Okay. With respect to State's Exhibit No. 1, where is the deck that has been referred to? A. "The deck would be on the front of the building..." 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? I'm sorry. Okay, With respect to these parking blocks, where was the van that was owned, the maroon van owned be 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. "And how many feet approximately would that be?" A. "From the building to where the van was parked?" Q. "Yes." A. "Oh, maybe 25, 20 to 25 feet." Q. "Okay, and would it be fair to say that on February 4th, 2004, you were asked the question, 'How far from the back door was the van parked?' Do you recall that being asked of you?" A. "No, I don't recall it, but probably was, yeah." Q. "That's okay. Your answer on that date, sir, was, '10 to 20 feet, you know, like maybe two parking spots south of the back door." A. "Okay." Q. "Would that be a fair statement?" A. "That's fair, yes."

Redirect examination of Mr. Gregory by State Prosecutor Ahsens. Q "..Sir I'd like to refer you back to this diagram, State Exhibit One." A. "Uh-huh, yes." Q. "Number two is marked as Ms. Brown's van. Do you see that here?" A. "Yes. On number two?" Q. "And number four is the trash container?" A. "Well the diagram is wrong." Q. "Why is that?" A. "Because the van was parked at the end of the building. The trash, the trash, the dumpster is out here." Q. "Oh, so the dumpster is actually out closer to three then?" A. "Yes because see, when I come down the deck with the trash, I had to walk in front of the van to get to the dumpster and that's when--" Q. "Well, we know that Mr. Mawell's body was found at the location where number two is shown, and that's where the van was. So it would appear then from your testimony that van had been moved between the time you saw them at 2:15 and the time that his body was found. Is that correct?" A. "I'm going to tell you, this isn't correct." Q. "All right, That's not what you remember?" A. "That van wasn't moved. The door was open on it. Chuck gave Neil CPR. I had to close the door. I stayed right there until the ambulance came and picked up Neil, and I stayed out there until the police got there." Q. "So no one moved that van between the time you went out when the women pounded on the door and you found the body and the time the police arrived?" A. "No, no, no." Q. "All right, sir, that's all I have."

The following is from the recross examination by the defense attorney. Q. "Sorry, Mr. Gregory." A. "Yeah. That's okay. I want--" Q. "That's okay." A. "I'll tell you exactly what I know." Q. "Exactly. What you're telling this jury is that when you came outside with the trash or with Misty Hayes?" A. "Right." Q. "The van was parked between the south end of your building and number four?" Q. "And the dumpster." Q. "Correct." A. "Wherever the dumpster is here." Q. "Sure. And this, sir, number two, the box that says number two?" A. "Uh-huh, yes." Q. "That is where the van was located when Mr. Maxwell was found by the police?" A. "No, that's not true." Q. "Where was the van located when the--" A. "Near the building. I was backed in, backed in, you know, headed out and Neil was on, this would be the south side of it, and the driver's door was open. His glasses were laying in the seat, and his hat was laying on the ground." Q. "Sir, are you telling this jury--" A. "I'm going to tell the jury that this diagram you got drawn up here isn't correct." Q. "I didn't draw it, sir." A. "Well." Q. "You're telling the jury that you believe Mr. Maxwell was between the building and the dumpster at the time that you and Chuck went out and found him?" A. "I know he was."

Fast forward to the civil trial. The defense attorney, Mr. Wilke, is the questioner. Highway Patrol investigator H.J. Folsom is answering. Q. "You never found out in your investigation until you learned during the trial that this van has been moved, do you?" A. "There's no evidence to support that the van was ever moved."

The following is from the closing statement of Mr. Mitchell, the defense attorney, at the criminal trial. "..Here's the bar. Here's the parking spots. Here's the dumpster. Here's where the van was found. Everyone says that when they took Vickie Brown to her van, that van was up in here. And he's[Ahsens] right. It doesn't whether it's in spot two or three or the fourth one. What matters was it was backed up to a position behind a parking block, and you heard it. They all said it. They all said it.  And where is it that  this if located? The van is now located on the other side of the dumpster where, ladies and gentlemen, there are no parking blocks.....Sergeant Roark said there wasn't any evidence of a body being drug from over here to here. Nobody drug that body. Ladies and gentlemen, I contend and I think the evidence tells you clearly that when Mr. Brooks left the parking lot, the van was here and Mr. Maxwell and the van ended up here. This man[Brooks] wasn't even present.

One last little piece of information about the van. The following exchange is from the civil trial. The questioner is the defense attorney, Wilke and the person answering is Sergeant Roark. Q. "Thank you very much. So DDCC, which really you are the special investigators, the detectives? A. "We're criminal investigators, yes." Q. "..That's just you and Folsom?" A. "For Troop I, yes."...Q. "How many--well first of all, you do know that at your request, you and officer--the DDCC's request, the van that was driven that night to the Roadhouse by Ms. Brown, it was taken into evidence?" A. "I believe it was towed, yes, and held."   Looking at a document of evidence called the 'Missouri State Highway Patrol Vehicle Record', we see that the person receiving the vehicle, which is  to be secured, is Eric Casey. 

 For you sleuths: Was it wise to have a felon take away the van. If law enforcement had gone back to the van at a later date to gather more evidence wouldn't a defense attorney go to town with the fact that a burglar had had the van?