5:01 POST

TUPELO – Thomas Ward's depraved-heart murder case recessed for the weekend with testimony by a state firearms expert.

Prosecutors predicted they could complete their case by Tuesday, and the defense said it would need one day.

• • •

4:12 - Judge returns to courtroom. Attorneys confer with him. JURY RETURNS

Testimony resumes by Crime Lab firearms expert Mark Bowackle.

BOWEN QUESTIONS BOWACKLE

(BOWEN - Go to test pattern patches. Your honor, some confusion... appears it hasn’t been marked but submit it into evidence. Fleitas - no objection.) (Now, look at firearm in case ... Exhibit No. 39 - to you from Saltillo PD?) Yes. (What tests asked to perform?) Asked to do functionality test and trigger-pull analysis.

(Functionality?) To see if gun operates as it was designed. Test-fired it, proved it operated. Also safety, 12-14 pounds pressure to cause it to discharge .. consistent with how gun was designed with double-action... fires, cocks and releases gun to fire. (Generally, what type is this guN?) It’s a pistol. (Semi-automatic?) Yes, meaning that each time pull trigger, one round is fired. (Is repeating?) That’s auto-loading, can fire one after another because of magazine that allows firing of multiple rounds. (Show jury how magazine goes into gun?) ... Bowackle demonstrates... it is not loaded. (When got gun to lab, did it have a tactical light attached?) Let me refer to my notes ... Yes, it was. (Describe it?) I consider it pretty bright. (Show jury how it activates) Two little notches, turn them , it turns on light. (Test light?) No.

(Said light pretty bright?) Yes. (If shined in your face, would there be a reaction?) Definitely feel it in your eyes. (Anything remarkable about firing it?) Did as designed. (Loaded magazine or as many as one, with slide closed, pull trigger, what happens?) It will carry one of top cartridges into the chamber and be loaded. (Now, you have slide open and locked?) Yes sir. It’s a slide-catch. (Release it) He does.... (Now, is it condition when gun is operational?) Yes, slide must be closed and magazine inserted into grip and has at least one cartridge but no cartridge in chamber, what must be done?) Slide msut be pulled to rear to allow cartridge to be carried into chamber. (Demonstrate that?) ... he does ... (To discharge?) Put 12-14 pounds of pressure on it to fire it.

(Is the gun a double-action pistol?) Yes, means that each time you pull trigger, it cocks and releases ... (As some pistols single-action only?) Yes. (If this were single-action?) Gun requires just to pullthe trigger, meaning it’s already cocked. (Such thing as single/double-action revolver.) Yes, has an external hammer. ..... he talks about single and double action pistols... talks about moving rounds into the firing position ..

(Does this one have external safety?) No manual safety. (Way for it to fire without deliberate trigger pull?) OBJECTION - You cannot determine if trigger pull is deliberate. That’s a state of mind. Believe when talk about “deliberate,” we’re talking about a state of mind. Clearly can discharge without a deliberate move, but can’t be determined by someone who wasn’t there.

FLEITAS - About a deliberate pull ... I’m suggesting the question is a state of mind question which this witness isn’t qualified to answer. Judge - Did you say deliberate? Bowen - Yes it was.

BOWEN - Can it be fired without trigger be pulled?) No it cannot. 12-14 pounds of pressure. (Did you test for trigger pressure?) Yes. (How?) Spring scale at lab, like a fish weight. Trigger rested on hook, measures how much force in pounds it takes to fire trigger. 12-14 pounds. (Greater than weight of 10-lb sack of sugar or potatoes?) Yes sir. (Is that gun designed and mfg with trigger safety in mind?) Yes, it has a trigger safety.

(Explain trigger safety?) It’s a hinge in the middle. Unless trigger is pulled to rear, it’s not allowed to discharge. (Can trigger be bumped and gun go off?) No, it cannot. (Could you safely remove magazine and pullthe trigger... so gun fired as if round was in it?) ... does it... (Can you cock it again?) Each time you pull trigger, it cocks again. (Asks him to bump trigger OBJECTION - SUSTAINED)

(When it’s fired, what happens to cartridge?) Case extracted, goes out from side of gun. (Did you see that happen?)( No, I did not. (But they are ejected out of right side?) Yes. (Muzzle/) Bulelt comes out, extreme pressure and heat. (Slide comes back?) Forcefully. (To pick up another round?) Kicks spent shell and goes to read. As goes foward, it picks up cartridge. (This weapon, significant muzzle blast?) I would consider it significant heat and pressure coming out.

(Also gases expelled fromejection force/) Right, gases ... released from opening. (Opinion as to what condition of hand would be if it wee at or near muzzle when gun fired?) OBJECTION - OUTSIDE SCOPE OF EXPERTISE... JUDGE - He’s firearms expert, testified that blast would be significant. While he is an expert in analysis only, I believ he would be qualified for lay opinion about that. OVERRULE

If someone held end of muzzle, expect some damage to hand or arms. Damages from gases or pressure... just holding on to end of muzzle. (Why?) Arm ... depending on how it was held, gases and heat coming out of end of barrel. (Spring that causes slide to move?) Yes sir. (Did yo measure pressure to move slide?) No. (When gun is fired, how much force on slide to send it back?) As it fires, the spring comes back is kick ing out spent shell and recoil send it to rear to load cartridge. (Damage if holding muzzle?) It’s possible.

4:44 - FLEITAS - (Testified about certain tests at behest of Saltillo PD?) Correct. (One was functionality?) Yes. (What you used four rounds for?) To compare bullet and cartridge case. (CCI rounds used to test if cartridge to you from Saltillo was fired from that gun?) Correct. (Then you did functionality test, used Blazer rounds?) I used submitted cartridges. They are Blazer. But CCI makes them, so one and same. Blazer is a grand, connected to CCI. (In process of functionality test, did distance test?) Five rounds strictly for when gun stops producing gunpowder tests on the squares. (Not part of functionality tests?) No, that’s just to test if gun is working as it was designed. (You did not use rounds to perform functionality?) That’s right. (Also did trigger-pull analysis?) Yes, (Of 12-14 pounds?) Yes. (Trigger pull doesn’t equate with carrying a sack of potatoes, does it?) What, not sure ... gun won’t be fired unless 12-14 pounds pressure is on it.

(Shows jury trigger pull. Looks like you didn’t have trouble achieving that?) Yes. (Could child exert enough pressure on it?) Don’t know. As long as 12-14 lbs, it will fire. (Apply that pressure? What it takes?) .... Bowackle appears to pull trigger very easily.

(No manual safety ... some have manual safety, a switch or lever or button to press and make gun inoperable?) Right. (Not this gun?) Right. (Point to the safety ... is it part of trigger?) Yes, it’s integrated into trigger. (Part of trigger itself ... shows jury ...requires trigger to be moved 12-14 pounds backwards?) Correct. NO FURTHER QUESTIONS 4:52

BOWEN - (What is typical trigger pull for a single-action pistol?) Varies 5-7 lbs, 5-8 lbs, varies by gun. (Less than this gun?) Depends, gun by gun basis. (Trigger pull 12-14 is comparable to most revolvers?) Certain revolvers have double-action of that but varies per gun. (But this one, is significant, which is a safety feature?) Gun won’t fire without 12-14 lbs pressure.

WITNESS CAN BE EXCUSED. 4:54 p.m.

JUDGE - WILL ASK COUNSEL QUESTION ... DON’T BE FRIGHTENED. Counsel - could we conclude this case tomorrow? State - no. Defense - no. Any objection to recess now? I think it’s going to take some more time to complete case, several days. Don’t see anything gained to require you and lawyers etc. ... by coming in tomorrow, when we still would need to come back on Monday.

Will ask another question - is it your belief that we can complete it next week? Bowen - yes. Fleitas - Yes.

Says to jury - we are sensitive to your time. Looks liek one day next week. Once cases started, they must be tried to conclusion. Recess today. Be back 8:30 a.m. Monday. Cautions them about not talking about case and other instructions.

• • •

3:48 POST

TUPELO – Gunshot residue was found on both Anna McCoy and Thomas Ward, a state crime labe expert told a jury this afternoon.

However, she had difficulty with the difference between "positive" and "indicative" results - fairly technical analysis.

Later, a firearms analyst took the stand.

Ward, 25, maintains he is innocent of the depraved-heart murder charge filed against him after the April 15, 2010, shooting death of 20-year-old McCoy. He insists her death is a tragic accident.

Depraved-heart murder is the commission of an intentional death with reckless disregard for human life.

Prosecutors are District Attorney Trent Kelly with assistants Richard Bowen and Josh Wise. Victor Fleitas of Tupelo represents Ward.

Circuit Judge James L. Roberts Jr. presides over the trial, which began Tuesday in the Lee County Justice Center.

(Below is a running account of today’s court action, starting at the top with the latest update. Earlier reports follow in sequence. Please excuse the typos and glitches likely as I type as fast as possible. Also, follow my live Tweets on Twitter.com @realnewsqueen #Wardtrial.)

• • •

1:45 - Judge returns to courtroom. Asks jury to return.

STATE CALLS ALISHA SMITH

SMITH – (Bowen to question her) Jackson, lived there over three years. MS Crime Lab, forensic scientist in Trace Evidence Section. Explains what forensic scientist does - examines physical evidence, makes reports and testifies in court. Cites her education, training, experience.

(Bowen - What is gunshot residue kit?) Kit contains four vials labeled on how to use them. Examined about 500 GSR kits. Testified about findings two other times. Accepted as expert witness in those cases for trace evidence. (Bowen - tenders her as expert for trace evidence examination.)

FLEITAS - To question her briefly. (With Crime Lab, how long?) Four years. (To talk about GSR tests on McCoy and Thomas J. WArd?) Yes. (Claim to be qualified to do so?) Yes. (Any other opinions today?) No.

BOWEN - (Asked to examine GSR kits about this case. Did you receive such kits or samples for McCoy and TJ Ward?) Yes. (If showed you those kits or what’s left, would you be able to identify them?) Yes. .... she says recognizes kit with her initials etc. Sealed it after her analysis. (Open it, please.) ........ court looking for knife ... Kelly offers his pocket knife... court reporter offers her scissors, which she accepts. (Would you like gloves to handle that?) Yes, please.

(What contained in envelope?) 4 vials ... labeled for hand backs and palms... paper applied to skin and put back into envelope. (What did you do when you got the vials?) Analysis, opens each individually and labels them. Puts samples in electron microscope. (What is it you’re looking for?) Gunshot residue particles are microscopic. Round and have lead ... and other chemicals ... on them. (Where contained?) Primer residue from a cartirdge case... when firing pin hits it, powder is ignited and propels bullet out. Gas condenses into solid particles, which is what I’m looking for. (Samples ... back-palm of right and left hand?) yes.(One I gave you was from McCoy, right?) Correct. ... asks to refer to notes... (Please give us analysis and conculsions?) GSR on back hand and right palm, on back right hand, right palm back of left hand and left palm. (Environmental factors affect GSR?) Yes, anything with hand that can remove particles from hands. As long as indiviual isn’t disturbed they can stay there indefinitely. (Conclusion ... more positive to her right hand than left?) (More positive on right, only indicative on left?) Positive on both palm and back of right hand. Indicative as to left hand.

(Your opinion that samples of McCoy show her hands were in vicinity of recently fired gun or gunshot?) OBJECTIONS - She made different findings for each hand. (Could you say... left hand, indicates left hand in vicinity of gunshot?) Yes. (Right hand, same or more positive?) Same but shows she was in environment of discharged weapon. (Basically same for both?) Correct. (We ask that envelope and contents for evidence.)

(One other queston about that. What date did you receive McCoy samples?) Received ... began analysis May 28, 2010. (Examine another envelope ... tell us identify?) Yes. (What is it?) Samples from Thomas Ward. (Received?) Began analysis May 28, 2010.

(Open envelope and examine contents) (Similar to McCoy’s?) Yes. (Conduct same tests and anlysis?) Yes. (Anything different done?) No difference. (Findings?) Identified partciles of GSR on right palm, back of left hand and left palm, no GSR on back of right hand. (Conclusion?) Was in environment of a discharged weapon. (Reviewed notes recently? Any significant numbers about particles? Eight separate samples. On any of them, was a significant number of particles on any of them compared with others?) When I examine tests, MS Crime Lab no number we use for significant numbers, just particle presence.

(Anything else remarkable about examination that I didn’t ask you about?) No. (Evidence submitted.) 2:19

CROSS BY FLEITAS

FLEITAS - (Your training, about testifying in court?) Yes, part of our training. (Testified about GSR. Want to visit about that. To repeat ... got kits from Saltillo PD, samples from McCoy and Ward?) Correct. (And, your job is to open them, test and produce a report?) Yes. (Way you do that, put it in electron microscope?) Yes, also with X-ray detector. (These particles are invisible?) Can’t see them with naked eye. (You can only test for what you’re given?) I’m not present when it’s administered. (Can’t test clothing?) Yes, if it’s submitted. (In this case?) None submitted. (Or of forearms of McCoy or Ward?) No. (No GSR test to you about wound areas?) No. (Could exist on those areas... forearms, clothing or wound area?) Yes. Wound area, GSR comes out of the cylinder of a firearm and aht’s what would be dealt with. Also target residue on a wound. But I would test for it, if asked to do so. (Weren’t asked?) No, I wasn’t.

(In GSR, three elements ...?) Particles must have all three elements with a round pathology. But not all GSR will have those elements or not that shape. (But to be positive for GSR, musst have those three elements with right shape, and in right amount?) No amount, just presence. In a single particle. (Three elements?) Residue remains are the metals. (In round itself... cites elements of powder, initiates explosion?) Yes. (Barium oxide?) Yes. (And Antimony?) Yes. (A fuel?) Yes.

(When firearm is discharged, it comes out as gas?) Yes. (But after gets in the air, these elements come together and they fuse or connect?) Yes. (And, if they fuse in a certain shape, they are shaped?) Yes. (Must be round?) Yes. To identify them as positive.

(With Ms. McCoy, her right hand .... of all samples, only sample positive for GSR was McCoy’s right hand, palm and back?) Yes, but when I look at samples, I look at them all. (But I’m narrowing them now. Right hand, only positive?) Correct. (Positive means hand of that individual was present in vicinity around a fired gun, correct?) It means was in the environment of weapon... fired it or handled object with GSR on surface. (Isn’t that same as you said for indicative?) Indicative ... means particles aren’t always with three elements or have the round morphology. (Can get GSR at police station?) Yes. (It’s everywhere?) Not everywhere, but it is in environments where firearms are discharged. Procedure to prevent contamination.

(You generated a report?) Yes I did. (In the report, you also have some graphs ... uh, is this the report you prepared to go with GSR examinations?) Yes. (Positive ID means you have necessary elements and right shape?) Not just element, must be all three. (Also tested McCoy’s left hand ... indicates “indicative” particles?) Yes. (In your report, there is a listing of various... remarks or caveats?) Yes, in remark section? (Yes... sorry, your remarks point out limitations to your findings?) Yes, explain what results mean as well. (As to “positive” results, which remark corresponds with that?) Would be third to last paragraph. (All right, that person either fired, handled or was in close proximity to fired discharge. What “Positive” is?) Yes, identification of GSR.

(McCoy... not for an indicative?) Includes indicative but just not positive because criteria at crime Lab must have round shape and three elements. Still could be particles. (Does this mean it’s all the same?) No, I’ll issue negative report if I don’t find any. (But surely, presence of positive and indicative are different?) BOWEN - SHE HAS FULLY EXPLAINED THIS.

FLEITAS - (I’ll rephrase... is your testimony, no difference between Positive and Indicative?) There are differences ... three results... positive, indicative and no indication. (Waht is the difference between positive and indicative?) Positive has three elements and are round. Indicative doesn’t have all three elements or may ahve all elements and not have round shape. (What does it mean to where it can be picked up from and proximity to a discharged firearm?) When talking about GSR, when firearm is discharged witll be a plume of this gas ... but factors with ammunition or kind of gun. (What does it mean with respect to distance from firearm... between positive and indicative results?) Both will be produced in same fashion. (Isn’t it true, that positive means proximity and indicative simply mean can’t rule out close to gun but evidence doesn’t bear that out?) In regard to indicative, only two elements. I can’t say GSR. But in this case, particles had all three but lacked right shape. (Admit report? Yes.)

2:44 - (Also did GSR for Ward?) Yes. (Reviewed it?) Yes. (Your report about GSR on Ward?) Yes. (Admit report? Yes.) (Shows a report to prosecutors... Now, shows it to Smith.)

(Document, recognize?) Yes. (Prepare that?) Yes. (Your notes of findings on GSR on McCoy?) Yes. (Admit, yes)

(Uncertain, do you have worksheet for Ward like McCoy’s?) Yes. (Can I take a look at it?) (I have some other documents to show you. Recogize?) Yes. Printouts from instrument I used when examined McCoy’s. And Ward’s?) This is Ms. McCoy’s. (Eight pages?) They are 11. (Fleitas surprised ... checks them. Have your notes for analysis for Ward?) Yes. (May I see those?) ..... she lifted them out of a spiral notebook ... (Ask to admit analysis of McCoy’s GSR be admitted. Yes.) (All right, please review these for a moment ...Recognize?) Yes. ( your handwritten notes and request for you to perform GSr and also your analysis from the machine?) My generated work sheet. (Admit, yes.) (Also to admit printout. yes.)

(Finding positive on McCoy’s right hand? Ys. (Indicative of GSR on her left hand and right hand?) Yes. (Present as positive ... prsence or near discharged firearm or touched surface where firearm discharged?) Yes. (In your opinion, indicative are GS particles but not textbook definition of gunshot residue? Are you aware that whole field is being questioned?) .... particles that have all three elements and no round shape, they are still gunshot particles but just not with shape. Depends on what elements are in the particle. (What did you find here?) About McCoy? (That postiive is same as indicative in this case?) By identifying particles, samples said were in presence of firearm. (Treat both same?) Based on my conclusions. (Are you telling me .... BOWEN - OBJECT. INSTRUCTING WITNESS HOW TO ANSWER.

JUDGE - WELL, she may answer as she sees fit, he may question as he sees fit.

FLEITAS - (Are you telling this jury for this ase, that your opinion is that positie findings and the indicatives you made are the same?) Particles are not the same but my conclusions are the same. (That you have the same conclusion.)

BOWEN - NO REDIRECT. 2:59 / EXCUSED

STATE CALLS MARK BOWACKLE (SPELLING?)

BOWACKLE - Lives in Ridgeland, about 12 years. Forensic scientist in firearm examination. MS Crime Lab, 6 years. Cites education, training, other work. Analyzes firearms and compares cartridge cases and bullets.

(Examined firearm in this case? How many similar examinations done?) Thousands. (Testified?) Yes (As expert witness?) Yes. (Always accepted?) Yes. (offers him as expert)

FLEITAS - OBJECT to tender in forensic science, awfully broad. Firearms examiner got a better grip on. JUDGE - Offer made as a forensic scientist in firearms?

FLEITAS - (Any science degrees?) No (Ever published reports, peer reviews?) I do have a paper in Firearms Assn. It’s official journal of association. (Is it trade or peer review journal? Like New England Journal of Medicine?) Written by examiners and anyone in firearms industry with research. (Ever qualified as internal, external ballastics, wound, GSR, not physician?) No. (Mainly test operability of firearms?) I can explain further. (Also tested at request of Saltillo PD?) ... asks to look at notes, Yes. (No science background?) Some classes but no degree in science. Took some chemistry, mostly social science. (Biology?) A basic, university. (Your experience of testing... on job at Crime Lab?) Yes, had 2-yr extensive training- 1 yr at Crime Lab, 1 yr with ATF. (Claim to do ballistics analysis?) No, I do whether cartridge was fired from a particular firearm. Requested to test-fire on cotton squares to see how far chemicals go. (Do you have training about external ballistics?) In regard to garments, we can analyze to determine distances. (No expertise in internal ballistics?) We do analyze that. (Claiming expertise there/) No (Wound ballistics/) No (Firearms expert, no science degree.

WE CHALLENGE HIS TENDER AS EXPERT IN BALLISTIC SCIENCE. Believe he’s qualified to testify about tests on firearm.

BOWEN - Made it clear, forensic scientist includes firearms examiner. In field of firearms examination. (Is that what you are saying?) BOWACKEL - Examine firearms and cartridges to see if one fired from firearm. So can test ... to compare to know if have same markings, to determine if cartridge was fired from one and only gun. Retender him.

FLEITAS - With that limitation, as firearms examiner, no objection.

JUDGE - Expert in firearms examination or analysis.

3:13 - BOWEN - (Lifts firearm, magazine, envelope packets from evidence table ... hand these to you. Projectile, spent cartridges, test patterns and marked Exhibit 43. First, did you receive these, identify them as received by you in this case?) By case number. 5 spent cartridges, 7 unfired. ... goes through envelopes... test patterns envelope with that too. Hasn’t been opened? no sir.

(Asks him to open it. What find in it?) Multiple white cotton squares. (Test pattern media? You use to perform some tests?) Yes, test-fired against these cotton squares. (Look at one more. May want to put on gloves. ..... hands him large bag with items from shooting scene like pillow, pillowcase) (Look at what’s in here, recognize it?) Recognize brown paper bag, Exhibit 38. (Examine its contents, please.) White butcher paper over one pillow. (Is case in there?) In my notes I have a pillow case, too. (Take it out so we can tell what you’re talking about.) .... takes wrapped pillow and pillow case out of bag. Seen them before, yes. (Submtted bySaltillo PD to examine?) Yes, they were. (What did when got contents?) Within bag, folded pillow, black pillow case. Found one projectile in the pillow. (Is that it Exhibit?) Yes, has label, recognize. (Asked to do tests regarding projectile in pillow?) Yes. (What to do?) Determine if projectile was fired from the gun.

(Notice any stains or anything else on pillow case?) Appeared to be red stains on both. (Show jury.) He lifts pillow up and you can see blood stain on pillow. (Hole?) Several holes but one where projectile entered. Doesn’t know it’s blood stains. (In case, any stains or holes?) Some holes cut by previous examiner. (Now, where hole might be where =could be projectile hole.) Possible hole. (Again how did you find it?) Opened bag ... and felt around pillow to see if anything inside. Found bullet.

(Projectile?) Copper jacket, 155.98 grain weight. (Weight and appearnce consistent with 40 caliber S&W?) Yes, it is. ... tells what he did with bullet ... (You took the gun and tet-fired rounds to make comparisons?) Yes under a comparison microscope. (Positively with gun?) No I could not - it was same class. Partially damaged and individual characteristics, couldn’t positively identify it. But had same four class characteristics - per-determined by mfg before gun is made. ... tells jury about gun and bullet spin within it ...as bullet travels in barrel, markings are made on bullet... characteristics imprinted on gun inside barrel. Compared with testfired bullets, had same class characteristics. (Not positive ID, but same class characteristics) Yes, but lack of some because of damage.

(Test-fired rounds?) Compared spent rounds to gun. (Spent case Exhibit 30 ...) Fired and compared under microscope.... explains like they do on CSI,magnified for comparison side by side... looking for unique pattern on two bullets. (Determination?) Cartridge case was fired from that gun. (Look at magazine) Container of live rounds. Inserted into grip of gun, Loads into the gun. (Get magazine, any cartridges in it?) No. (Live cartridges sent to you?) 12 cartridges. (Asked to do tests on them?) No, I was not. (But did test firing, use any of them?) Yes, I did.

(What tests?) At 6-inch intervals, starting at 3 feet, to see where firings stopped producing particles onto test squares. Did not produce at 5 feet. (More detail, how performed the test?) Tests for patterns, put of cardboard or targets. Cotton squares placed and shot at ... 6 x 6 cotton squares. (Are they in Exhibit 43?) Yes, they are. (Placed against something?) Yes. (Started test at 3 feet?) Correct. (Gunpowder at 3 feet?) Yes. (To 3 1/2 feet?) Yes, I did. (At 4 feet?) Yes, found gunshot particles. (Same at 4 1/2?) Yes, one particle. (At 5 feet?) Yes, no particles at 5 feet. (Concluded?) Stops producing particles at 4 1/2 feet. Excuse me, nothing at 5 feet.

(Use same type ammunition in every sample?) I used cartridges in Exhibit 41, from Saltillo PD. (Any other tests on these items?) JUDGE - TAKE BREAK.

• • •

12:08 POST

TUPELO – Jurors heard a 30-year-old woman’s claims that Anna Catherine McCoy was abused and threatened by the man accused in her death.

Ward, 25, insists he is innocent of the depraved-heart murder charge filed against him after the April 15, 2010, shooting death of 20-year-old McCoy.

Victor Fleitas of Tupelo represents Ward, and prosecutors are District Attorney Trent Kelly with assistants Richard Bowen and Josh Wise.

Circuit Judge James L. Roberts Jr. presides over the trial, which began Tuesday in the Lee County Justice Center.

(Below is a running account of today’s court action. Please excuse the typos and glitches likely as I type as fast as possible. Also, follow my live Tweets on Twitter.com @realnewsqueen #Wardtrial.)

• • •

10:52- Judge back. Jury returns.

STATE CALLS JOSEPH GIROUX

DA KELLY to question Giroux

GIROUX - Saltillo resident, 4-5 years. Originally from Shannon. Working partime with Lee Sheriff’s Dept. on day McCoy shot.

(April 14, 2010 responded to anything?) Got home about 5:30, working with Sheriff’s Dept with patrol car. Woods behind my home, heard some gunshots. I get calls about it beause people do target practice. This day, sounded close to road. Typically I’ll take patrol car to investigate. (How did you go? this day?) Looked thru yard, saw a Silver Honda Accord across the field. Wanted to approach it from the east. when went down the street, saw a vehicle toward me. I slowed down and motioned for him to stop.

(How many rounds shot?) I tried to remember - more than a couple. More than a few. (Recognize occupant?) Yes, when I pulled up beside, asked him ... don’t you live in my subdivision? He said yes. (Recognize him now?) Yes, it’s defendant. (What about conversation with Ward?) Brief, asked if lived here, saidyes. Asked if he was firing firearm?) He said, yes. I asked him to go further into the woods. He didn’t have a problem with it, said he wouldn’t come back. He shook my hand after conversation.

FLEITAS - (Accustomed to hear guns fired in woods nearby?) Yes. About quarter mile away. (You wanted to check it out?) My intent, yes. (Not unusual for you to do?) Right. (Met the car you thought was shooter’s?) Yes, one I saw. (Had brief conversation with Ward?) Yes. (Shook hands, he went his way?) Yes. (At time, didn’t make anything more of it?) No sir, not at that time. (Later, after incident with Ms. McCoy, you were asked to write a report?) Went to PD and advised them I’d met Ward day before. Wrote up report. (Describe it as norman, routine encounter with someone?)

NO RE-DIRECT. 11:05

STATE CALLS ADAM FORESMAN

KELLY TO QUESTION

FORESMAN - 11:06 - Saltillo about 4 years. Before, lived in Noxapater. Works at Computer Universe. There on April 13, 2010. About 3 1/2 years. Worked in computers in Louisville before that. On April 15, was salesperson at Computer Universe. I’m sales manager.

(April 15 - working with Thomas James Ward?) Yes. (Recognize?) Points to defendant. (Before April 15, 2010 - how long worked with Ward?) ... mumbles answer... (Conversation with Ward?) He went on lunch break, he went to pick up sight for his gun. Not sure if he told me, he showed it to me afterwards. Before 6 p.m. Showed me sight for the gun he just picked up. Told me that, showed it. (Kelly shows him gun - What did he say he was going to do?) Said he was taking it home. Through work after 6 p.m. Left about the same time. (Last time saw him that day?) A little after 6. (What he said going to do?) Put sight on the gun at home. (Recall anything else?) Shakes his head no.

FLEITAS - (Picks up gun ... Firearm is safe, your honor. Mentioned that Ward talked with you that day about purchasing sight. Certain it was sight or rails to sight?) Don’t know. Picked up something for his gun. (Two parts to it?) I don’t deal with firearms at all. (You’re not sure it was rail or the light?) Right. I assumed it was sight. (Showing him firearm ... This is the light, like a flashlight, this is rail. Agree two parts?) Yes. (You say can’t remember which he showed you?) Remember it was a black thing in a package.

KELLY - REDIRECT - (He told you what he was showing you?) Yes. (Best knowledge is a laser sight or the sight?) Sight ... in a plastic package to be sold in a retail setting.

11:15 - EXCUSE WITNESS

STATE CALLS GINNY LLOYD / FLEITAS ASKS TO APPROACH BENCH

JUDGE - A matter has arisen, which will require handling outside your presence. This isn’t a normal break. Necessary for you to return to jury room and take care of this matter. 11:16 Lloyd sent back to witness room.

State has called Ginny Lloyd, and defense objects.

BOWEN - Advised defendant in discovery about Lloyd. Also furnished copy of a statement aout her testimony, substance contains a 2-page paper ... court will recall prelim hearing on this matter. I read statement in chambers to court. I have a copy of it ... contains graphic language. If court prefers can make paper for identification. Court can review and will be substance.

FLEITAS - Appropriate to mark for identification. I am uncertain, your honor, have you reviewed it? (JUDGE - I have not since conference.)

BOWEN - That would be testimony from this witness. Say court should allow her to testify. Substance shows the actions of the defendant, his reckless as it pertains to the victim. Objection was that it offered to show prior bad acts. Not case. This is depraved heart murder - that he acted so recklessly in regard to human life that his actions amounted to malice. In presence of victim and toward her, that jury can infer that he could act recklessly and groslly and did so in regard to the victim in this case.

FLEITAS - Think state is attempting to use a prior incident. zero evidence of an argument or issues between them on the day in question. Witness tells of incident three months after this incident. Don’t know when it happened. Inflammatory. Full of character evidence. Not admissible. Does not pass 403 Rule test, not under 402. Does not meet relevancy. Effort by state to take a clearly biased witness to say worst thing about client on an unknown occasion and usethat evidence to make him culpable of on day of incident. Strenuously object. Court can read statement. Attempting to establish as fact, by other facts, without any relationship to events.

BOWEN - Not offered as proof of a bad act. May be one. However, Rule 406 MS Rules of Evidence ... incidents of habit of person or a routine practice of a person, regardless of eyewitnesses is evidence to prove conduct in conformity or habit of person. What we’re offering. One elements we must prove it that an act was imminently dangerous, regardless to human life. Reckless or extreme negligence is one element we are required to prove. This evidence will show he acted in conformity with that. Usual manner of doing things - so when speak of his habit ... MS recognizes ... habit and customs are relevant evidence. Taht he probably acted in this instance in conformity with his habits. Yet when offered for purpose to show habits ... it’s admissible.

FLEITAS - Don’t want to speak for the state - confessing this is 403? (BOWEN - We are offering this as proof of reckless behavior by this defendant. On at least one prior occasion... but directed at the victim in this case.)

FLEITAS - Habit evidence is along this line.... every day somebody does something, everybody knew that, routine practice. This is not Habit A. This is one witness with an ax to grind, talking about a prior bad act... using inflammatory act to establish that Ward acted like that on occasion when state has no evidence to show he acted that way. State may not use evidence of an act to establish a propensity. She never filed any complaints about him... to suggest anything untoward occurred. Yet this witness is going to be permitted, if state allowed, ... to suggest that he was a bad guy in an unknown date in the past...so he must have been a bad guy on this night. Rules of evidence do not permit that. To allow her testimony is extremely prejudicial. Does not constitute habit. To allow would constitute a breach of due process. WE request this witness not be permitted to testify. She has little probative value about what happened that day.

JUDGE - As I have repeatedly stated, good lawyers in this case on both sides. If I were either, I would be arguing precisely what you are doing. But I’m not. Try not to make intentional mistakes, although I may. Know how serious errors are or will be. Would be easy to say no, absolutely can’t come in. Or easy to say it can. Call isn’t easy. But I’mnot going to shirk duty. This is depraved-heart indictment. State entitled to put on its case though it must do with only admissible evidence. Appreicate defendant is entitled to every right under constitutions and laws. Believe case law permits introduction of certain statements. Not to show character. Maybe introduced ... don’t have them before me. Cites several cases ... talk about motive, lack of accident, intent. Say must be some connection between conduct and matter at hand. No trial is perfect tho wish it could. But this matter can be addressed by proper instruction to the jury at proper time. Jury hears evidence and makes the call. Case dserves as full and complete hearing as possible, within appropriate rules and laws. Court overrules objection. Says if prefer a proffer before ruling, we can do that. (FLEITAS - Took state’s statement to be proffer.)

11:38 - OBJECTION OVERRULED

FLEITAS - Need to object in front of jury and have continuing objection to all of Lloyd’s testimony.

BOWEN - Can finish my examination before lunch.

JUDGE - Prefer not to break up her testimony. I’d prefer to go ahead.

Bring jury in.

JUDGE - Tells jury Fleitas objects to Lloyd testimony.

FLEITAS - Object to testimony of Ginny Lloyd. (JUDGE - Tells Bowen he doesn’t have to respond before jury.)

11:43 - LLOYD BROUGHT BACK INTO COURTROOM

LLOYD - (BOWEN TO QUESTION) - Tupelo, student at ICC. Parttime student. About 1 1/2 years at ICC. Knew Anna McCoy for a short time. Met her after Christmas. (Know defendant?) No, only one time. After Christmas 2011 or 2010? (She died April 2010, help remember?) Christmas before that. (Met her 3-4 months before that.) Neighbor was having a party. (Party person?) David ... directly above me on Jason Street in Tupelo. (Neighbor, having party. Where you met McCoy and Ward?) Yes. (Who introduced?) David did. (Talk with Anna or Ward?) Numerous conversations, with Anna mostly. Also talked to him, but not much. They were playing Beer Pong. He was dancing, rapping. Kind of like ping pong, play on table. 10-12 people there, about 11 p.m. (Weekend/) Dn’t recall.

(What observe Ward doing?) At beginning, thought he was singing with radio, then he was doing own thing, bad-mouthing Anna. (Saying?) Said derogatory things... can I say what he said? (Vulgar, profane? If words he said. Judge saysyes.) He was rhyming, calling a whore because he was sleeping with her while she had another boyfriend. Said he was “f....ing” her while she had another boyfriend. Later, he asked her for gum. She said it was in her purse. But he kicked her purse and it fell, told her to give it to me. She apologized numerous times to him as she was picking it up. (Give him gum?) Yes sir. (How did you perceive her attitude to him that night?) She was very skiddish, why I talked to her. Off by herself. (Anything else happen>?) Playing beerpong, Thomas slipped and fell, everybody laughed. He pushed her up against the wall with hands around her neck. He told her never to do that again. (Where you were/) Very small apartment, leaning against couch. Everyone was going outside, we were left inside.

(What said?) I told him to leave her alone, if he wanted to hit a female, he could hit me. (Anything else?) He grabbed her wrist and said couldn’t take pictures. (Going to be a group picture and he did what?) Grabbed her and said he couldn’t take them and neither could she. I told her she could. He said something under his breath and he left and spun off. (Say anything ot Anna?) Not sure what it was. (How did she get home?) She said she had her own car there.

(How long knew her?) First time, we hung out later. (Become close?) Wehung out, wouldn’t say close. Talked on phone and such. Wouldn’t say close. (See him again?) In and out of apartment but we never spoke. (Testify, did it happen?) Yes. (You’re under oath, telling truth?) Yes sir.

CROSS - FLEITAS

FLEITAS 11:53 - (Have FB page?) Yes. (Now?) No. (You and I have five mutual friends?) Didn’t know that. (You hate my client Ward?) Don/t. (You detest him?) NO sir. (You hate him, under oath?) No, I do not hate Thomas Ward. (You work at Logans? Do you drink?) Yes. (Drank that night at party?) No sir.

(Isn’t it true you drink heavily?) No sir, I don’t drink heavily. (You shoot automati weapons?) No. (Pic on FB?) Yes, it was my brothers. (Drive at unsafe speeds/) Yes, I do. (Let’s establish this - lost of stuff about client on FB?) No sir. (You haven’t?) I posted yes, in anunfaborable manne, yes sir. (When mcCoy died, you joined FB group in her memory?) Yes sir. (Say you met her that night, attracted to Anna?) No sir, she was pretty young. (Age/) I’m 30. (You were 30 at aprty for younger?) David was 30, others that age. (You were attracted to Anna, were you not?) No, she was a beautiful girl. (Jealous of ward?) No sir. (Sexually attracted to her?) No sir. (You would say anything to destroy my client?) No sir... her voice trembles

(You’re under oath ... you have not bad-mouthed Thoams Wrd publicly and regularly?) No sir. (Are you testifying under oath?) I have not. (That you don’t hate Thomas Ward/) Yes sir, I said that.

(You’re 30?) Yes. (Still in school?) Yes. (Still at Logan?) Yes. (Anna ws popular?) Yes. (Good feelings about her?) Yes. (You’d like to be liked?) Guess everyone would. (This statement you gave, three months after the events?) Yes. (Three months later you say these things?) Yes. (About something that took place 5 months before?0 Yes sir. (You ran into Thomas on other occasions?) in passing, at apartment (Thomas would go there, you’d say hi?) Well, we might nod. (Saw with friend, welcome there?) Yes. (Did Anna return to the apartment?) No sir. She never returned when I saw her... maybe if I didn’t see her.

BOWEN - OBEJCT, HE’S BEING ARGUMENTATIVE WITH WITNESS, WITH TONE

JUDGE - SUSTAINED AS TO ARGUMENTATIVE NATURE

FLEITAS - Apologize.

(You drink, you party?) Yes, not so much anymore. (Go to places and take pictures of scantily clad women?) Yes. Sometimes (Drink too much and act obnoxiously?) Yes, but no. Dont’ think it that way. (You don’t act obnoxious when you’re drunk?) I don’t think so.

BOWEN - OBJECT, BEING ABUSIVE. JUDGE -SUSTAINED.

FLEITAS - (Use vulgar language about my client?) Can’t remember, don’t remember that I have.

BOWEN - REDIRECT - (Event you testified about... Christmas 2009, was it true?) Yes sir. (Asked about FB thing or link about Anna?) When arrest first made, I put link onto my page to show actual news story. (Why?) To show he’d been arrested. To show, that people would see it. (But no website yourself?) No sir. (Interested as other friends as to what happened to Anna?) Very much so. (Would you lie?) No sir.

12:04 - EXCUSE WITNESS

COURT RECESSED UNTIL 1:30

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10:15 POST

TUPELO – Jurors heard today frantic E911 calls made after Anna Catherine McCoy's shooting in 2010.

They also heard from the E911 dispatcher and the man who sold a firearm to defendant Thomas James Ward.

Ward, 25, insists he is innocent of the depraved-heart murder charge filed against him after the April 15, 2010, shooting death of 20-year-old Anna Catherine McCoy.

Victor Fleitas of Tupelo represents Ward, and prosecutors are District Attorney Trent Kelly with assistants Richard Bowen and Josh Wise.

Circuit Judge James L. Roberts Jr. presides over the trial, which began Tuesday in the Lee County Justice Center.

(Below is a running account of today’s court action. Please excuse the typos and glitches likely as I type as fast as possible. Also, follow my live Tweets on Twitter.com @realnewsqueen #Wardtrial.)

• • •

9:04 - Judge enters courtroom. 4th day of trial. Asks if anything from counsel?

BOWEN - Stipulation agreement with defense that 911 tape from call from Saltillo residence will be played for jury, and transcript prepared to be received into evidence for jury to use as it hears tapes or in deliberations. FLEITAS - That was our agreement.

FLEITAS - One other matter, approach bench. Attys confer with judge.

9:11 - Jury returns.

BOWEN CALLS MAZIE RILEY

RILEY – (Maybe Megan?) Dispatcher Lee 911. Cites education, training. Takes 911 calls.

(BOWEN - Thursday, April 15, 2010 - evening, on duty?) Yes. (Got a call that night?) Yes. Took 2 calls from that address. 21:00, 21:34. Record would reflect precise time. (On duty with you?) Two others. (First call, recall it?) First, very frantic, she shot herself she shot herself. Caller .. can’t remember if I caught the name or not. It was a male. (More than one?) Talked to defendant and his father that night. (Know him?) No sir. (Father?) No. (Voices, younger and older?) Yes. (Are these calls recorded?) Yes. (Have you listened to them since that?) Yes, ones receiver. Last listened to them Tuesday. (Reflects those calls?) Yes sir.

STATE TO PLAY RECORDING - (PRB - I will do my best to get this down or at least paraphrase to characterize the call or calls.) Lee 911 what is emergency ... please send soembody to house. is she alive? where di she shoot herself? In face .... (this is very hard to understand... lots of screaming) Is she breathing? Start CPR. Not breathing? No, no. Got to do CPR ... OK, gasp ... sombody with her in room? get her on the floor... get her on the floor, Thomas. Get on the floor. She’s on the floor. Place your hand on her forehaed. other hand under her neck ... tilt the head back, put your hand next to her mouth. Is she breathing? No, No. Must do mouth-to-mouth. CPR, sir. Do you want to do CPR? Heard siren sound. Pinch her nose closed ... give her 10 hard breaths ... make sure her chest is rising. Will start compressions. Put heel ofhand on her breastbone. (Caller repeating instructions to one doing it). Blood’s coming out of her mouth. Tilt her to the side, to get the blood out of her mouth. (Ward’s mother and sister are crying in audience. Friends too.) Pump her chest as fast as you can. Count ... Let me know ... Get more breaths .... E911 ... if blood is coming out..... what did she shoot herself with? I don’t know. Was it a handgun? Back doing compressions? Yes. Let me know when he’s through. (Lots of racket in background.) ........ LONG PAUSE ........ OK, allright, is he still doing CPR? Police are doing it. Continue with CPR. Police are? Yes. Want me to stay on the line? No, police are here. Do you have any history on her? My son’s girlfriend, name is Kayla. Talking to police right now. You did good job. OK, Bye bye ..............ANOTHER CALL ....... E911... address told .... how old is she (screaming in background).

9:30 - (Bowen to Riley - accurately reflect call to you?) Yes, first, older man talking to me, second was younger man. (From your transcript ... Tom Ward, father, says a girl just shot herself at my house. Did he say that?) Yes sir., (Down farther ... 911 dispatcher, is that you?) Yes sir. (You said, where did she shoot herself? is that you>?) Yes. (Same question again, response?) Tom Ward ... well, like she’s bleeding from her face, I don’t know. (Pg 4 ...you advise Tom Ward... I want you to lay her flat on her back?) Other dispatcher’s voice. (Says she’s flat on bed... no, get her off?) That was co-worker. (Father’s response... tells someone to get her on the floor?) Yes. (Then indicates she’s on the floor?) Yes, see that.

(Turn to Pg 7 ... 911 dispather, you?) Co-worker (Says turn her on side and blood out of her mouth, do you have any rag to wipe mouth out... Tom says hold on, I’ll get a rag?) Yes. ( down... have you got blood out of her mouth?) Yes. (Ward says, yes. ) Yes sir. (Turn to pg 9... your voice?) My co-worker talking. (Did she shoot herself, what she shot herself with sir? A gun, answer... what kind, do you know?) Yes sir. (Ward says I don’t know. Asks was it a handgun... yes, it’s right here.) Yes sir. (Next, says OK, don’t touch it, leave it where it is?) Yes. (Tom said we moved it off the floor to lay her down?) Yes. (Says don’t touch it again?) Yes.

(Pg 11 - your voice line 5?) Co-worker. (OK, let me ask you any history on her? Ward says I don’t know. it’s son’s girlfriend. Know her name?) Yes. (Response - says I don’t know her that much. Says her name is Kayla?) Yes. (See where Ward Sr. says about last name... says no?) Yes sir. (Furhter responses by father... says outside talking to police and he’s not very coherent right now?) Yes sir.

(Are those words that were accurately uttered that night?) Yes sir.

(Second recording ... understand this is separate call?) Yes. (Did they overlap?) Yes sir. (Father on one phone, son on another?) Yes (First?) The longer call. (Did you take shorter call from defendant?) Coworker did. (Listen to it?) Is this accurate transcript? Yes sir. (Let’s look at whole thing ... first words... says she’s 20?) Yes sir. (Dispatcher says Lee Cnty 911 answers call?) Yes sir. (Coming from defendant/) Yes. (Says get a cop to the house now, hurry man .... trying to verify the address ... defendant repeats address?) Yes sir. (Line 19... coworker asks what’s going on there? See response?) Yes, accurate. (He says somebody’s been shot, I had a gun int he house, she bumped the trigger and she’s shot... see that?) Yes sir. (Know any explanation defendant made that night in 911 call about what happened?) No sir.

(One other thing ... Pg 6 ...where your co-worker gives instructions on CPR to Mr. Ward father, relaying them to defendant. Starting with Line 6 ... says OK, put his mouth over hers.. want to give her two regular breaths?) Yes sir. (Father repeats?) Yes. (Make sure chest is rising? Tom asks if her chest is rising?) Yes (Son says, yep. Father says Yes. Indicates chest was rising in response to breaths?) Yes sir.

9:43 (2 jury members say they are missing a page in copies)

(Bowen - In light of that, since my questions ask about recordings ... may I re-ask those questions on those pages for those two jurors? Judge says he may.)

(Ms. Riley, return to Pg 7 of transcript ... see where your coworker instructed father to turn her Ms. McCoy on her side and get blood out of her mouth... asks if have rag to wipe it out?) Yes sir. (Also response of hold on, I’ll get a rag?) Yes sir. (Asks if got blood cleaned out of mouth, Father says yes.) Yes sir. (On Pg 11 ... where coworker asks father, do you have a history on her... father says it’s son’s girlfriend ... name? I don’t know her much ... says her name is Kayla?) Yes. (Asks if knows her last name? Says no ... son outside talking to police?) Yes. (See where he says son’s not very coherent?) Yes sir.

FLEITAS - 9:47 - (As part of your duties, you input data from 911 calls?) Yes sir. (This is E or enhanced 911?) Yes sir. (Some capacity to tell caller’s address?) Yes sir. (From your ... you said you re-listened to tape?) Yes sir. (Consulting with DA’s office about testimony?) Yes. (As part of that you reviewed the tape and printed data from that evening?) Yes. (Correct that if person calls on land line... well can tell if it’s land or cell?) Only has address. (So call on land line was automatic and knew address right away?) Yes, called on land line. (But asked about address?) Our protocol requires it. But asked. (Dispatched to that address?) As soon as we found out hwat was going on, we dispatched to that address.

(First call from father?) Yes. 9:58... (Second shorter, not land line?) Yes, received ... (Within 7 seconds of each other?) Yes. (Some overlap?) Yes.

(Look at transcript, Pg 12 ... physically, cell call starts on line 11 with audible remark but heard She’s 20? First thing heard?) Yes. (Pg 2 ... with respect to Line 6, that’s you asking how old female is?) Yes (See where father asks, how old is she, how old is she? You heard 20.) Yes. (Info from Thomas Ward .... is that where overlap occurs ... where Thomas yells she’s 20?) Yes. (SAys Mr. WArd says age, question about whether she’s alive, Mr. Ward says she’s not.. then Thomas Ward’s inaudible?) Yes. (But we know simultaneously... Thomas is still on phone for a period of time with other dispatcher?) Yes. (State of callers, frantic?) Yes, scared. (Firs thing Thoams asks when he’s on phone... for police to be sent?) Yes. (Says please send police?) Yes sir. (Then, he proceeds in hysterical state, frantic state, scared state, to provide address to other dispatcher?) Yes sir.

(While Thomas is on phone, tells other dispatcher that this was not self-inflicted?) Yes sir. (No question about that now?) Right. (Do you know if Dad saw what happened or not?) No, worried about the victim. (Absolutely, as you should.) (Your responsibility as dispatcher continued about who went to scene, when dispatched, when left etc?) Yes (That night?) Yes sir. (Say you were working that evening with Burleson and Esher?) Yes. (Who is Steve Crumby?) Our supervisor, he was there, Billy Crumby. Me and him were dispatching mostly that night. Listening for other information. 9:58

REDIRECT BY BOWEN

(BOWEN - Again, refer to Pg 12... beginning of call from defendant... you asked on cross, didn’t def call for the police? Get a cop to the house now?) Yes. (At any time during call he made, did he say get ambulance or get medical help out here?) No sir.

Judge - you’re free to leave to Riley. (Bailiff takes up transcripts from jurors.)

STATE CALLS COREY HAMLIN OR HAMMEL 10:02 / WISE TO QUESTION

COREY CAMPBELL - Works at Scruggs Farm & Law, four years. Sporting good manager, sells firearms. Scruggs has license to do so.

(Wise - When sell firearm, what paperwork required?) Federal forms. (When you sell firearm every time with form?) Yes, every time. (Shows him form, familiar with it?) Yes, to do background check to see if we can sell firearm to that person. To check on potential buyer’s criminal background etc. REquired before selling. (Is that accurate copy April 3, 2010?) Yes. (Buyer’s name?) Thomas James Ward. (As employee of Scruggs, did you sign form?) April 3, 2010. (Is that correct sale date?) Yes. (Wise hands gun to witness. Does form show type firearm sold to Mr. WArd that day?) Yes. (Description - inform jury what type Ward bought?) Yes, mfg Smith & Wesson SW-40 BE ...pistol, 40 caliber. (Look at that gun. To best of knowledge, is this gun he bought?) Yes.

(When sold him that gun, recall selling a sight?) No sir. (Did you now him April 3?) No sir. (Recall what he looked like?) No sir. 10:08

CROSS

FLEITAS - (You sell fair number of guns at Scruggs. You can’t remember all buyers?) Yes. (What shift were you working?) Different shifts, depends. (Fleitas asks Ward question .... Did you work with Zach Martin?) Yes. (Did he work shift before you?) No, we were working same to close at 9 a.m. (Time of transcation?) Afternoon, all I can remember. (Later in day?) Going to be after 12. (Can’t remember closer/) No. (Zach started sale?) Yes, I did call-in of background information. (Zach did rest of sale?) Yes. (Recall if young woman with him?) When first showed up he was by himself, if I recall. (Met by somebody?) One or two ladies came up later. Can’t remember one or two. (During transaction?) Yes.

(They were with him during background check?) Yes. (Describe them?) No sir.

No REDIRECT. EXCUSE WITNESS.

10:11 - Conference at bench. JUDGE - Let’s take a recess. One of these lawyers has a responsibility to take care of by telephone. Reluctant to call another witness and take a recess. So let’s take recess now.

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