West Memphis Three Trials: The Jesse
Misskelley Trial (January 26 - February 4,
1994)
Chief
Inspector Gary Gitchell Witness
for the Prosecution
January 27, 1994
Misskelley Trial - Defense's Opening Statement
- January 26, 1994Misskelley Trial - Testimony of Bryn Ridge -
January 26, 1994Misskelley Trial - Testimony of Dr. Frank
Peretti - January 27, 1994Misskelley Trial - Testimony of Gary Gitchell -
January 27, 1994
FOGLEMAN: Inspector Gitchell, would
you state your name and occupation for the Court?
GITCHELL: My name's Gary Gitchell. I'm the
Inspector for the West Memphis Police Department,
Criminal Investigative Division.
FOGLEMAN: Inspector Gitchell, how long have you
been with the West Memphis Police Department?
GITCHELL: Umm, nineteen and a half years.
FOGLEMAN: Inspector Gitchell, I want to direct
your attention to June the 3rd, 1993. On that
date, did you have an occasion to have a
conversation with the defendant, Jessie
Misskelley, Jr.?
GITCHELL: Yes sir, I did.
FOGLEMAN: And was, was that, who was present when
you had this conversation?
GITCHELL: Myself and Detective Ridge.
FOGLEMAN: And approximately what time did you
begin talking to him?
GITCHELL: Uh, let's see, that was approximately
12:40pm.
FOGLEMAN: And during the course of your
conversation, uhh, with this defendant, uh,
initially, uh, were you doing anything to preserve
the conversation? Yourself?
GITCHELL: Uh, the -- no sir.
FOGLEMAN: Alright. Was Detective Ridge?
GITCHELL: Uh, no sir. Not that I know of. He may
have been taking some notes.
FOGLEMAN: Okay. Why were you not taking notes at
that time?
GITCHELL: Well, when I talk with someone I usually
do not like to, for the purpose, I like to key on
and be able to listen and have my complete
attention as to the conversation.
FOGLEMAN: Alright. Now, during the course of this
conversation, um, was there, um, let me ask you
this way. Was there a photograph shown the
defendant?
GITCHELL: Yes sir, it was.
FOGLEMAN: Alright. Uh, was there a small portion
of a tape played for the defendant?
GITCHELL: Yes sir, there was.
FOGLEMAN: And was there something about a circle?
GITCHELL: Yes sir.
FOGLEMAN: Alright. Now was that done before or
after you started tape recording?
GITCHELL: That was before we started tape
recording.
FOGLEMAN: And do you recall the sequence of what
took place when?
GITCHELL: Uh, during Detective Ridge and I's, uh
conversation with Mr. Misskelley, uh there was a,
I believe -- I hope this is right -- there was a,
the diagram which I did, and then the picture and
then the tape.
FOGLEMAN: Alright. Were they one behind the other
or were things in between?
GITCHELL: Uh, there was some in between from the
diagram, was the first thing. Then some time
passed. And then there was the picture, um, just a
few minutes passed from that point to the tape.
FOGLEMAN: Okay. Now on the diagram, describe to
the jury what this, what this was, this diagram.
GITCHELL: Okay, um, a lot, I'm assuming a lot of
people may be familiar with um a term, straddling
the fence.
FOGLEMAN: Um-hmm.
GITCHELL: And that was sort of along the lines
that I was thinking uh, when talking to someone
that you do not feel is telling you the complete
truth. Uh, quit straddling the fence, be on one
side of it or the other. Uh, I did something a
little different, in so much as I drew a circle,
and I had several dots within that circle and
several dots outside.
FOGLEMAN: Okay.
GITCHELL: And I asked, which side is he going to
be on, on this outside or the inside.
FOGLEMAN: Alright. Now who's inside the circle?
GITCHELL: Uh, no one in particular. No one named
or, um, but I, I indicated that law enforcement
was on the outside of the circle.
FOGLEMAN: Alright. In general, what was on the
inside?
GITCHELL: Uh, in general, uh, just who was
responsible for these crimes.
FOGLEMAN: Alright. When you did this diagram, did
you say these dots inside represent a particular
named individual or individuals?
GITCHELL: No sir.
FOGLEMAN: Alright. And what did you do with the
circle and the dots?
GITCHELL: Uh, you mean afterwards or? Just pretty
much like I did then, just did it on a piece of
paper and that was it.
FOGLEMAN: (interrupting) Alright.
GITCHELL: And, of course, showed that to Jessie
'cause he was right there.
FOGLEMAN: Alright. And when you showed it to him,
what happened, what did you do?
GITCHELL: Uh he, he immediately said that uh, he
wanted to be on the outside of the circle with the
law enforcement.
FOGLEMAN: Okay. And, um, and then I take it you
had some more conversation.
GITCHELL: Yes sir.
FOGLEMAN: And then what took place?
GITCHELL: Uh, a short time later, uh, I stepped
out of the room, uh...
FOGLEMAN: (inaudible) before you, alright is that
when you got the picture --
GITCHELL: (interrupting) Yes sir --
FOGLEMAN: -- when you stepped out of the room?
Okay.
GITCHELL: I stepped out of the office that we were
talking to Jessie in, and um, got this picture,
and then also I remembered a recording, uh, of a
phrase, just only a phrase, I believe probably a
four to five second phrase within that recorded
statement that I wanted to play for Jessie.
FOGLEMAN: Alright. And the voice on this tape,
without naming names uh, how old of a person was
this on the tape?
GITCHELL: Uh, eight years old.
FOGLEMAN: Okay. And are you aware of whether or
not the defendant, uh, knew, knew the person whose
voice it was?
GITCHELL: The information that we had was that he
is familiar with the eight-year-old boy.
FOGLEMAN: Alright. Now, when you came back in the
room, uh, I want to show you State's Exhibit 76
and ask if you recognize that?
GITCHELL: Yes sir, this is the, um, photograph
that I showed Jessie. It has the number 3 on the
front of the photograph, and on the back it's
number 107.
FOGLEMAN: Okay. And what was the response to the
photograph?
GITCHELL: When I showed Jessie this photograph and
he took it into his hand, and he just, he just
went back in his chair like this. And, and he just
locked in on it, fixed in on the photograph, and
just kept staring at it and staring at it. And I
could tell that he just was -- I didn't know how
long he was going to do that. So I, I took it from
his hand, and set it on the table that we were
working on.
FOGLEMAN: Okay. And then what happened?
GITCHELL: Briefly, just a few minutes after that,
of course I um had the tape, which I do have that
tape with me at this time --
FOGLEMAN: Alright. Your Honor --
GITCHELL: -- and I played this small portion of
that tape.
FOGLEMAN: Your Honor, we would ask permission to
play that portion of the tape.
THE COURT: Alright. You will be permitted to do
so.
GITCHELL: This may take a little, you know,
problems I had.
(squeaky speeding up of tape noise)
TAPE: Nobody knows what happened but me, out of
all -- (clicked off)
GITCHELL: Should I do that again, your Honor?
THE COURT: I think so.
TAPE: Nobody knows what happened by me, out of --
(clicked off)
FOGLEMAN: Okay, what, what did he say for the
jurors that didn't pick it, catch it?
GITCHELL: He said, "Nobody knows what happened but
me."
FOGLEMAN: Okay. Alright. And when you played this
tape, what was the defendant's response?
GITCHELL: He, he immediately stated that he wanted
to tell us about it, at that point.
FOGLEMAN: Alright. And um, at some point
thereafter did Detective Ridge leave the room?
GITCHELL: Yes sir, he did.
FOGLEMAN: Alright. And uh, while Detective Ridge
was out of the room, what took place?
GITCHELL: Uh, at that point, uh, Jessie indicated
to me that uh, he was present during that time
that the boys were murdered.
FOGLEMAN: Okay. Now was there (cough) had there
been some statement, uh, or what statements if any
did the defendant make in your presence about
having been, uh, at the scene?
GITCHELL: He, he had stated earlier that he had
been at the scene, um, that um, also that he had
gone back to the scene...
FOGLEMAN: Alright, you said gone back. Were those
his words?
GITCHELL: Yes.
FOGLEMAN: Alright. Did he say that before or
after, uh, he admitted being there when it took
place?
GITCHELL: Uh, let's see. I, it may have been
before.
FOGLEMAN: Okay.
GITCHELL: It, it does get a little confusing, even
for me.
FOGLEMAN: Alright. What did he say about when he
went back to the scene?
GITCHELL: That, uh, he went out into the woods,
where this occurred, the murders, and he set out
and cried.
FOGLEMAN: Alright. And uhh, after he admitted to
you that he had been there, um, or I may be
jumping ahead of myself. Now tell me again what he
said to you while he was, while Detective Ridge
was out of the room.
GITCHELL: That uh, he was, he was present when
the, the boys were murdered.
FOGLEMAN: Alright. And after he admitted to you
that he was present, what was the defendant's
response?
GITCHELL: Uh, basically, uh, I stopped him at that
point.
FOGLEMAN: Alright.
GITCHELL: And uh, then I wanted to make sure it,
it was obvious at this time we had more than just
uh, a person that we were trying to get
information from as to other parties. Uh, it was
obvious to us that uh, we had a person here that
uh, was involved.
FOGLEMAN: Was there any kind of emotional
response?
GITCHELL: Uh, from Jessie?
FOGLEMAN: Yes.
GITCHELL: Uh, well he was emotionally upset, you
could tell that, uh, it was an emotional time for
myself also.
FOGLEMAN: Alright, when you say it was emotional
for him and you could tell it, what told you that
--
GITCHELL: Well he had, he had tears coming down
his eyes.
FOGLEMAN: Alright. Had y'all yelled at him or been
mean to him or --
GITCHELL: No sir.
FOGLEMAN: -- threatened him or promised him
anything, done any of those things?
GITCHELL: None of those things happened
whatsoever.
FOGLEMAN: Alright, now after he admitted to being
there, what did you do in order to preserve the
conversation?
GITCHELL: Okay, uh, I instructed that uh,
Detective Ridge, I went out to the room said we
need to get a tape recorder which is, this is the
identical tape recorder that was used. Uh, the
tape recorder was brought into the room, myself
and Detective Ridge at that point, we advised him
of his rights for the third time that day.
FOGLEMAN: Alright. Now before you go on, I want to
hand you what I've marked for identification
purposes as State's Exhibit 75A and ask if you can
identify that?
GITCHELL: Yes sir, this is a uh typed transcript
of that taped interview.
FOGLEMAN: And does that transcript fairly portray
what it said on the tape?
GITCHELL: Yes sir.
FOGLEMAN: Your Honor, we would offer uh 75A and we
would -- do you have the tape too, by the way?
GITCHELL: Yes sir, uh, I believe your table has
the tape.
FOGLEMAN: Oh, I see. Let me show you what's marked
State's Exhibit 75 and ask if you can identify
that.
GITCHELL: This package is one in which, uh, I did
fill the information out on this package. It has
the date on it, the case file number, Jessie
Misskelley Jr., uh stating that this is the
original tape. And it has Ridge and Gitchell for
the interviewers of that. And this tape is also
marked on the outside.
FOGLEMAN: Is that the tape of your conversation
from the time that Jessie first admitted that he
was present, uh, up until there was a break?
GITCHELL: Yes sir.
FOGLEMAN: Alright. Your Honor, we would offer
State's Exhibit 75.
THE COURT: Alright, it may be received.
FOGLEMAN: Your Honor, on 75A, was that admitted?
STIDHAM: Your Honor, that's just the front page of
the transcript.
FOGLEMAN: That's the, that's the transcript.
STIDHAM: (inaudible) the entire transcript?
FOGLEMAN: To aid and assist the jury as they
listen along. I've got copies for them all.
STIDHAM: Your Honor, may I approach the bench?
THE COURT: Yes.
BENCH CONFERENCE
STIDHAM: Your Honor, we want to object to the
statement being introduced into evidence because
we think it's involuntary
THE COURT: Well, you've already made that
objection.
STIDHAM: I just want to make sure that we don't
waive that objection
THE COURT: (interrupting) Well, you don't waive
that objection. You're not waiving any -- I'm
going to allow you to do it in the manner you,
you're gonna have to collect copies and one copy
will be received in evidence and you may...
FOGLEMAN: Your Honor, may I distribute them to the
jury?
THE COURT: Yes, you may.
(DISTRIBUTING)
TAPE: This is Detective Bryn -- (clicks off)
(MUMBLING, FUSSING WITH RECORDER LOCATION)
FOGLEMAN: Your Honor --
THE COURT: Well, that'll be alright, if he wants
to stand down there, put it there. I think this
one is an amplifier.
GITCHELL: Yes, this one is --
THE COURT: Well put it there, he won't have to
hold it.
FOGLEMAN: Probably don't need it that close, do
we?
TAPE STARTS: This is Detective Bryn...
(beginning of taped statement of Jessie Misskelley
Jr.)
DETECTIVE RIDGE: This is Detective Bryn
Ridge of the West Memphis Police Department,
currently in the West Memphis Police Department
conducting an investigation in, into the Triple Homicide, Case
File Number 93-05-0666. Currently in the office we
have Jessie Lloyd Misskelley, Jr., birthdate: 7-10
of 75, education at the 9th grade, the place, we're in the Detectives
Division, today's date is 6-3 of 93, the time now
is 2:44 pm. Present in the interview will be
Inspector Gary Gitchell and Jessie Misskelley. Jessie, in front of me I have a
rights form, and it's got your signature at the
bottom of it, is that your correct (clear?) your
signature?
*A01 MISSKELLEY: Yes sir
DETECTIVE RIDGE: Okay, we are
informing you that we are Detective Seargent Mike
Allen, and Detective Bryn Ridge, and Detective
Seargent Mike Allen is the one that read this form to you earlier, is
that correct?
*A02 MISSKELLEY: Yes sir
DETECTIVE RIDGE: And I was here
when he read it to you.
*A03 MISSKELLEY: Yes sir
DETECTIVE RIDGE: Alright, police
officers of the West Memphis Police Department, we
are conducting an investigation for the offense of
Capitol Felony Murder, which was committed on or about 5-5 of
93, before we ask you any questions, you must know
and understand your legal rights, therefore, we
warn and advise you, that you have the right to remain silent, do you
understand that?
*A04 MISSKELLEY: Yes sir DETECTIVE RIDGE: And those are
your initials on the line in front of that
statement? *A05 MISSKELLEY: Yes, it is DETECTIVE RIDGE: Okay, anything
you say can be used against you in court, do you
understand that? *A06 MISSKELLEY: I do DETECTIVE RIDGE: And those are
your initials? *A07 MISSKELLEY: Yes, it is DETECTIVE RIDGE: Alright, you have
the right to talk to a lawyer for advice before we
ask you any questions, and to have him with you
during questioning, do you understand that?
*A08 MISSKELLEY: Yes, I do
DETECTIVE RIDGE: And those are
your initals? *A09 MISSKELLEY: Yes, it is DETECTIVE RIDGE: If you cannot
afford a lawyer, one will be appointed for you
before any questions, if you wish, at no cost to
you, do you understand that? *A10 MISSKELLEY: Yes, I do DETECTIVE RIDGE: And those are
your initials? *A11 MISSKELLEY: Yes, it is DETECTIVE RIDGE: If you decide to
answer questions now without a lawyer present you
will still have the right to stop answering at any
time, do you understand that? *A12 MISSKELLEY: Yes, I do. DETECTIVE RIDGE: And those are
your initials? *A13 MISSKELLEY: Yes, it is. DETECTIVE RIDGE: You're up here on
your own free will (sounds like Misskelley was
affirming this), you came up here to answer some
questions, and basically we found out some information during those
questionings, is that correct? *A14 MISSKELLEY: Yes sir, I did
DETECTIVE RIDGE: Okay, at the
bottom of the form is a Waiver of Rights, it says
that I've read this statement of my rights, and I
understand what my rights are, I am willing to make a statement, and
answer questions, I do not want a lawyer at this
time, I understand and know what I am doing. No
promises or threats have been made to me, and no pressure or force has been
used against me, is all of that correct?
*A15 MISSKELLEY: Yes
DETECTIVE RIDGE: Okay, and you
signed the bottom of the form?
*A16 MISSKELLEY: Yes, I did
DETECTIVE RIDGE: Witnessed by
Michael Wayne Allen and myself, Detective Bryn
Ridge. Okay, Jessie, let's, let's go straight to
that date, 5-5 of 93, a Wednesday, early in the morning. You received a
phone call, is that correct?
*A17 MISSKELLEY: Yes, I did
DETECTIVE RIDGE: And who made that
phone call? *A18 MISSKELLEY: Jason Baldwin
DETECTIVE RIDGE: Alright, what
occurred, what did he talk about?
*A19 MISSKELLEY: He called me and
asked me could I go, uh, go to West Memphis with
him and I told him, no, I had to work and stuff.
And then he told me that he had to go to West Memphis so, him and
Damien went and then I went with them.
DETECTIVE RIDGE: Alright, when?
*A20 MISSKELLEY: Wednesday
DETECTIVE RIDGE: Alright, when did
you go with them?
*A21 MISSKELLEY: That morning
DETECTIVE RIDGE: At 9 o'clock in
the morning?
*A22 MISSKELLEY: Yes, I did.
DETECTIVE RIDGE: Okay.
*A23 MISSKELLEY: I went with them
and then I
DETECTIVE GITCHELL: Now, were you
in a car? Whose car were you all in?
*A24 MISSKELLEY: We walked
DETECTIVE GITCHELL: You all
walked?
*A25 MISSKELLEY: Right, we walked
and then uh,
DETECTIVE RIDGE: Where did you go?
*A26
MISSKELLEY: We went up to the Robin Hood
DETECTIVE RIDGE: You went to the
Robin Hood, explain to me where those woods are.
*A27 MISSKELLEY: By uh, Blue
Beacon Truck Wash.
DETECTIVE RIDGE: Just a little
patch of woods
*A28 MISSKELLEY: A little patch of
woods
DETECTIVE RIDGE: Behind Blue
Beacon?
*A29 MISSKELLEY: Behind it, right
back there behind it.
DETECTIVE RIDGE: Okay, what
occurred while you were there?
*A30 MISSKELLEY: When I was there,
I saw Damien hit this one, hit this one boy real
bad, and then uh, and then he started screwing
them and stuff and then uh,
DETECTIVE RIDGE: Alright, you got
in front of you a picture, that was taken out of
the newspaper I believe, it's got three boys and
these are the three boys that were killed on that date in Robin Hood Woods,
okay. Which one of those three boys is it you say
Damien hit? The third picture (Jessie seems to be
affirming this in the background), which will be
*A31 MISSKELLEY: Michael Moore
DETECTIVE GITCHELL: This boy right
here,
*A32 MISSKELLEY: Yeah,
DETECTIVE GITCHELL: Alright,
that's uh the Byers boy,
*A33 MISSKELLEY: Christopher
DETECTIVE GITCHELL: That's who you
are pointing at?
*A34 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: If you read the
captions, the grisly slain from left, 8 year old
Michael Moore, Steven Branch and Christopher
Byers. (Jessie seems to be echoing these names as Ridge speaks). Okay, so
you saw Damien strike Chris Byers in the head?
*A35 MISSKELLEY: Right
DETECTIVE RIDGE: What did he hit
him with?
*A36 MISSKELLEY: He hit him with
his fist and bruised him all up real bad, and then
um Jason turned around and hit Steve Branch
DETECTIVE RIDGE: Okay
*A37 MISSKELLEY: And started doing
the same thing, then the other one took off,
Michael uh Moore took off running, so I chased him
and grabbed him and held him, til they got there and then I left.
DETECTIVE RIDGE: Okay. Alright,
when you get the boys back together, where you at
from the creek?
*A38 MISSKELLEY: I was up there by
the uh Service Road
DETECTIVE RIDGE: Up by the Service
Road?
*A39 MISSKELLEY: (The transcript
here says yes. I could not find a response.)
DETECTIVE RIDGE: Okay, now when
this, when he hits the first boy, where are they
at when he, when he hits him, are you in the
woods, you're on the side of big bayou, you're out in the field, where you
at?
*A40 MISSKELLEY: I was in the
woods.
DETECTIVE RIDGE: In the woods.
Okay, you've been down there in those woods
before.
*A41 MISSKELLEY: Yes, I have.
DETECTIVE RIDGE: Can you describe
to me what in those woods, what's the location
where you were?
*A42 MISSKELLEY: Uh,
DETECTIVE RIDGE: Is there a path
that you go down?
*A43 MISSKELLEY: Uh, down a little
path
DETECTIVE RIDGE: Alright, where
does that path go to?
*A44 MISSKELLEY: It leads out
there close to the uh field, close to the
interstate.
DETECTIVE RIDGE: Okay
*A45 MISSKELLEY: That's where I
was at.
DETECTIVE RIDGE: Alright.
*A46 MISSKELLEY: I was close by
the interstate.
DETECTIVE RIDGE: When he hits the
first boy and then Jason hits another boy, and one
takes off running,
*A47 MISSKELLEY: And the other
takes. . .
DETECTIVE RIDGE: Where does he run
to?
*A48 MISSKELLEY: That one, he runs
out, going out the, out the park and I chased him
and grabbed him and brought him back.
DETECTIVE RIDGE: Which way does he
go, I mean, does he go on back towards where the
houses are
*A49 MISSKELLEY: He goes on back.
. .
DETECTIVE RIDGE: He's going to
Blue Beacon, is he going out towards the fields,
*A49 MISSKELLEY: He's going. . .
DETECTIVE RIDGE: Where's he
running to?
*A50 MISSKELLEY: Towards the
houses.
DETECTIVE RIDGE: Towards the
houses?
DETECTIVE GITCHELL: Where the pipe
is that goes across the water?
*A51 MISSKELLEY: Yeah, he's
running out there and I caught him and brought him
back, and then I took off.
DETECTIVE RIDGE: Okay, when you
came back a little bit later, and all three boys
are tied?
*A52 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: Is that right?
*A53 MISSKELLEY: Mm-hmm, and then
I took off and run home.
DETECTIVE RIDGE: Alright, have
they got their clothes on when you saw them tied?
*A54 MISSKELLEY: Un-uh, they had
them off.
DETECTIVE RIDGE: They had already
gotten them off. When he first hit the boy, when
Damien first hit the first boy, did they have
their clothes on then?
*A55 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: Alright, when did
they take their clothes off?
*A56 MISSKELLEY: Right after I,
they beat up all three of them, beat them up real
bad
DETECTIVE RIDGE: Beat them up real
bad, and then they took their clothes off?
*A57 MISSKELLEY: Mm-mm.
DETECTIVE RIDGE: And then they
tied them
*A58 MISSKELLEY: Then they tied
them up, tied their hands up, they started
screwing them and stuff, cutting them and stuff,
and I saw it and I turned around and looked, and then I took off running, I
went home, then they called me and asked me, how
come I didn't stay, I told them, I just couldn't.
DETECTIVE RIDGE: Just couldn't
stay (stand?) for that.
*A59 MISSKELLEY: I couldn't stand
to see what they were doing to them.
DETECTIVE RIDGE: Okay, now when
it's going on, when it's taking place, you under.
. . you saw somebody with a knife. Who had a
knife?
*A60 MISSKELLEY: Jason
DETECTIVE RIDGE: Jason had a
knife. What did he cut with the knife? What did
you see him cut or who did you see him cut?
*A61 MISSKELLEY: I saw him cut one
of the little boys
DETECTIVE RIDGE: Alright, where
did he cut him at?
*A62 MISSKELLEY: He was cutting
him in the face.
DETECTIVE RIDGE: Cutting in the
face. Alright, another boy was cut I understand,
where was he cut at?
*A63 MISSKELLEY: At the bottom
DETECTIVE RIDGE: On his bottom?
Was he face down when he was cutting on him, or
*A64 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: Now you're
talking about bottom, do you mean right here?
*A65 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: In his groin
area?
*A66 MISSKELLEY: (Note: there is
no audio register for an answer here. Is it
possible that Misskelley nodded?)
DETECTIVE GITCHELL: Okay
DETECTIVE RIDGE: Do you know what
his penis is?
*A67 MISSKELLEY: Mm-hmm, that's
where he was cut at.
DETECTIVE RIDGE: That's where he
was cut.
DETECTIVE GITCHELL: Which boy was
that?
*A68 MISSKELLEY: That right there.
DETECTIVE GITCHELL: You're talking
about the Byers boy again?
*A69 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: Okay
DETECTIVE RIDGE: Are you sure that
he was the one that was cut?
*A70 MISSKELLEY: That's the one
that I seen them cutting on.
DETECTIVE RIDGE: Alright, you know
what penis is?
*A71
MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: Alright, is that
where he was cutting?
*A72 MISSKELLEY: That's where I
seen them going down at, and he was on his back. I
seen them going down right there real close to his
penis and stuff and I saw some blood and that's when I took off.
DETECTIVE GITCHELL: Was uh, were
you all close to the creek at that point?
*A73 MISSKELLEY: Yes sir
DETECTIVE GITCHELL: Where was the
little boy actually at?
*A74 MISSKELLEY: He was close
DETECTIVE RIDGE: Alright, now you
know where the bayou is?
*A75 MISSKELLEY: Right
DETECTIVE RIDGE: Alright, and you
know where the little creek is that goes out to
the expressway, and it doesn't have a lot of water
in it, but it's got some water in it, and it's flowing through there, which
side of that creek were you on, were you on the
Memphis side of the creek or were you on the Blue
Beacon side of that creek?
*A76 MISSKELLEY: Blue Beacon.
DETECTIVE RIDGE: On the Blue
Beacon
*A77 MISSKELLEY: Yes
DETECTIVE RIDGE: So, there is like
a tall bank, were you, where were you at on that
bank?
*A78 MISSKELLEY: I was up there
standing up there on the top.
DETECTIVE RIDGE: Alright, where
were they at?
((My audio tape is missing the next several lines.
These stand as previously transcribed.))
*A79 MISSKELLEY: They were at the
bottom.
DETECTIVE RIDGE: On which side?
*A80 MISSKELLEY: Memphis side
DETECTIVE RIDGE: They were on the
Memphis side.
*A81 MISSKELLEY: I was on
DETECTIVE RIDGE: Alright, we're
going to correct that even further, that's the
east side, Memphis side is the east side and you
were standing at the top of the bank on the west side, were you looking down
at what was going on?
*A82 MISSKELLEY: I was looking
down, and after I seen all of that, I took off
DETECTIVE RIDGE: Okay, and when
you left, ((My audio tape begins again.)) did you
hear any more hollering or anything?
*A83 MISSKELLEY: No.
DETECTIVE RIDGE: Alright, you went
home and about what time was it that all of this
was taking place?
*A84 MISSKELLEY: They call me up
about
DETECTIVE RIDGE: I'm not saying
when they called you. I'm saying what time was it
that you were actually there in the park?
*A85 MISSKELLEY: Probably about 12
DETECTIVE RIDGE: About noon?
*A86 MISSKELLEY: Mm-hmm. (There is
an audible "ffff" at this point.)
DETECTIVE RIDGE: Okay, was it
after school. . . had let out?
*A87 MISSKELLEY: I didn't go to
school
DETECTIVE RIDGE: Well, these
little boys
*A88 MISSKELLEY: They skipped
school
DETECTIVE RIDGE: They skipped
school?
*A89 MISSKELLEY: They's going to
catch their bus and stuff, and they's on their
bikes and so,
DETECTIVE RIDGE: Alright, they
were on their bikes, where were the bikes at?
*A90 MISSKELLEY: They, they laid
their bikes down when they come out to the, I
mean, when they hollered for them to come, come
out there
DETECTIVE RIDGE: Where did they
lay their bikes down at, that's what I'm asking?
*A91 MISSKELLEY: I don't know
where they laid their bikes down at, cause I was,
I was behind Damien and nem, way, way behind them.
DETECTIVE RIDGE: Okay
*A92 MISSKELLEY: When they
hollered, when they seen them boys
DETECTIVE RIDGE: The little boys
came on over?
*A93 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: Had Damien seen
these boys before?
*A94 MISSKELLEY: Mm-hmm. (faint)
DETECTIVE RIDGE: Has he done
things with them before? Or has he just been
watching them?
*A95 MISSKELLEY: He's been
watching them.
DETECTIVE RIDGE: Has he had sex
with them before?
*A96: MISSKELLEY: He's been
watching them.
DETECTIVE RIDGE: Has he ever had
sex with them before?
*A97 MISSKELLEY: No, he's been
watching them
DETECTIVE RIDGE: He's been
watching them. You mentioned earlier that, at one
of the meetings you went to with this cult thing,
they had some pictures. Describe those pictures for me.
*A98 MISSKELLEY: They had. . . had
some houses, and trees and stuff
DETECTIVE RIDGE: Okay, had
somebody taken pictures of these boys?
*A99 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: Were they in the
houses or were they in these trees when they took
those pictures?
*A100 MISSKELLEY: They's, they's
in the houses
DETECTIVE RIDGE: At the houses?
Did they take like one picture of one boy
*A101 MISSKELLEY: They was in a
group.
DETECTIVE RIDGE: All these three?
*A102 MISSKELLEY: There was a
group of pictures of all three of them.
DETECTIVE RIDGE: All three of them
would generally be together?
*A103 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: How many
pictures did you see, altogether?
*A104 MISSKELLEY: I just saw one.
DETECTIVE GITCHELL: Okay, and it
has these same three boys in it?
*A105 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: You're certain of
that?
*A106 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: Now, did you
say that the boys skipped school that day? These
little boys did?
*A107 MISSKELLEY: Mm-hmm,
DETECTIVE GITCHELL: Are you sure?
*A108 MISSKELLEY: They was going
to catch the, going somewheres and like I said,
Damien, Damien and nem left before I did, I told
them I'd meet them there and stuff, I had to get ready, and I meet them
there and it was early in the morning and so, they
went ahead and met, met me, they went ahead went
up there and then I come up, you know, later on behind them.
DETECTIVE GITCHELL: What time did
you get there?
*A109 MISSKELLEY: I got there
about 9.
DETECTIVE GITCHELL: In the
morning?
*A110 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: Of Wednesday
morning?
*A111 MISSKELLEY: Mm-hmm. (Heavy
throat clearing--seems to be Gitchell)
DETECTIVE GITCHELL: And when. . .
DETECTIVE RIDGE: What time is it
right now?
*A112 MISSKELLEY: Right now?
DETECTIVE RIDGE: Yeah, you don't
know what time it is?
DETECTIVE GITCHELL: Do you not
wear a watch?
*A113 MISSKELLEY: It's at home, my
dad. . .
DETECTIVE RIDGE: So
*A114 MISSKELLEY: My dad woke me
up this morning.
DETECTIVE RIDGE: So, your time
period might not be exactly right, what you're
saying?
*A115 MISSKELLEY: Right
DETECTIVE RIDGE: That is, it was
like early in the day, but you don't know exactly
what time. Okay, cause we got, I've got some real
confusion with the times you're telling me, but now, this 9
o'clock in the evening call that you've got,
explain that to me.
*A116 MISSKELLEY: Well after, all
of this stuff happened that night, that they done
it
DETECTIVE RIDGE: Okay.
*A117 MISSKELLEY: I went home
about noon, then they called me at 9 o'clock at
night, they called me.
DETECTIVE RIDGE: Okay. And what
did they tell you on the telephone?
*A118 MISSKELLEY: They asked me
how come I left so early and stuff. Then I told
them that I couldn't stand there watching it no
more so, I had to do something to get out of there.
DETECTIVE RIDGE: Okay, who called
you?
*A119 MISSKELLEY: Jason
DETECTIVE RIDGE: And you mentioned
that you heard some voice in the background?
*A120 MISSKELLEY: I heard some of
Damien.
DETECTIVE RIDGE: And what else, I
think you said that he made the call from his
house?
*A121 MISSKELLEY: He made the call
from his house and Damien was hollering in the
background saying, we done it, we done it, what
are going to do if somebody saw us, what are we going to do?
DETECTIVE RIDGE: Okay, now the
knives, was there one knife, two knives, was your
knife there?
*A122 MISSKELLEY: Un-uh.
DETECTIVE RIDGE: Did somebody take
it and use your knife? Do you have a knife?
*A123 MISSKELLEY: I have one knife
DETECTIVE RIDGE: Where is it at?
*A124 MISSKELLEY: At home.
DETECTIVE RIDGE: Okay, the knife
that you said Jason was using?
*A125 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: Where is it?
*A126 MISSKELLEY: Uh, I don't know
what he done with it, cause after I left then
that's when, I don't know what they done with,
after I left I don't know what they done with.
DETECTIVE RIDGE: He didn't tell
you he hid it somewhere?
DETECTIVE GITCHELL: I've got a
feeling here, you're not quite telling me
everything, now we're, you know we're recording
everything, so this is very, very important to tell us the entire truth. If you
were there the whole time, then tell us that you
were there the whole time, don't leave anything
out. This is very, very important, now just tell
us the truth.
*A127 MISSKELLEY: I was there
until they tied them up and then that's when I
left, after they tied them up, I left.
DETECTIVE GITCHELL: But, you saw
them cutting on the boys,
*A128 MISSKELLEY: I saw them
cutting on them, and then they, they
DETECTIVE GITCHELL: So, what else,
what else left is there, after that?
*A129 MISSKELLEY: Then they laid
the knife down beside them and I saw them tying
them up and then that's when I left.
DETECTIVE RIDGE: Were the boys
conscience (sic) or were they
*A130 MISSKELLEY: They were
unconscious then
DETECTIVE RIDGE: Unconscious
*A131 MISSKELLEY: And after I left
they done more.
DETECTIVE RIDGE: They done more.
*A132 MISSKELLEY: They started
screwing them again.
DETECTIVE RIDGE: Okay, how were
they screwing them when you saw them?
*A133 MISSKELLEY: They, Jason
stuck his in one of them's mouth and Damien was
screwing one of them up the ass and stuff.
DETECTIVE RIDGE: Okay, and the one
that they were cutting the penis off of, did any
of them, or cutting the penis or whatever was
being done, did they have sex with him at all?
*A134 MISSKELLEY: No
DETECTIVE RIDGE: Did any one of
them?
*A135 MISSKELLEY: Jason did
DETECTIVE RIDGE: Jason did?
*A136 MISSKELLEY: Jason was
screwing him while Damien stuck his in his mouth
and got a blow job.
DETECTIVE RIDGE: Okay, how did he
have sex with that one?
*A137 MISSKELLEY: Damien, he was
holding him down like, and Jason had his legs up
in the air and that little boy was kicking,
saying, 'don't, no' like that.
DETECTIVE RIDGE: Okay, he had his
legs up in the air. Alright, what was to keep
these little boys from running off? If just their
hands are tied, what's to keep them from running off?
*A138 MISSKELLEY: They beat them
up so bad so they can't hardly move. They hadn't
tied, had their hands tied down and he just sit on
them.
DETECTIVE RIDGE: You said that
they had their hands tied up, tied down, were
their hands tied in a fashion to where they
couldn't have run? You tell me.
*A139 MISSKELLEY: They could, they
could run, they just had them tied, when they
knocked them down and stuff, they could hold their
arms and stuff, and just hold them down like, where he couldn't raise
up and the other one picked his legs up.
DETECTIVE RIDGE: Okay, so they had
them under control. You were there the whole time
that was taking place?
*A140 MISSKELLEY: I was there.
DETECTIVE RIDGE: Okay, none of
them was cut on the face real bad, is that what
you said?
*A141 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: And one of them
was being cut on his penis?
*A142 MISSKELLEY: Yes sir.
DETECTIVE RIDGE: Alright,
DETECTIVE GITCHELL: Did you ever
use, did anyone use a stick and hit the boys with?
*A143 MISSKELLEY: Damien had kind
of a big old stick when he hit that first one,
after he hit him with his fist and knocked him
down and then he got him a big old stick and hit him.
DETECTIVE GITCHELL: What did the
stick look like, I mean was it like a, a, a big
log like that or is it, is it a stick?
*A144 MISSKELLEY: It, I would say
it was about that, about that big around, I would
say about that long.
DETECTIVE GITCHELL: Okay
DETECTIVE RIDGE: About the size of
a baseball bat, maybe just a little bit bigger
around?
*A145 MISSKELLEY: Mm-hmm. That's
about right.
DETECTIVE RIDGE: That's what
you're describing with your hands, right?
*A146 MISSKELLEY: Right
DETECTIVE RIDGE: Okay. How long
was the knife that Jason was using?
*A147 MISSKELLEY: About that long
(faint).
DETECTIVE RIDGE: Alright, you're
describing a knife that would be about 6 inches
long, is that right?
*A148 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: And, what kind of
blade did it have on it?
*A149 MISSKELLEY: Mm, like a
regular, just a regular knife blade
DETECTIVE RIDGE: Was it a knife
that you fold up, or was it a, like a hunting
knife?
*A150 MISSKELLEY: It was
DETECTIVE RIDGE: Just one piece
*A151 MISSKELLEY: Just a fold up
knife
DETECTIVE RIDGE: It was a folding
knife?
*A152 MISSKELLEY: Mm-hmm.
DETECTIVE RIDGE: Okay, uh. Does
Damien have a knife?
*A153 MISSKELLEY: No
DETECTIVE RIDGE: He doesn't have
one, he didn't have one that night?
*A154 MISSKELLEY: He didn't have
one that night
DETECTIVE RIDGE: Did he borrow
yours?
*A155 MISSKELLEY: No, he didn't
borrow mine.
DETECTIVE RIDGE: Okay.
DETECTIVE GITCHELL: Did they have
a briefcase with them?
*A156 MISSKELLEY: Un-uh.
DETECTIVE GITCHELL: Didn't, you
didn't see a briefcase?
*A157 MISSKELLEY: I didn't see a
briefcase, not unless they left it there at that
day before it happened, not unless they left it
there and knew about it, but I didn't see it that
day.
DETECTIVE GITCHELL: Have you ever
seen them with a briefcase before?
*A158 MISSKELLEY: I've seen them
once that one night, I seen them with it that
night.
DETECTIVE GITCHELL: Okay, what is
kept inside of that briefcase?
*A159 MISSKELLEY: They had some
cocaine, and, and a little gun.
DETECTIVE GITCHELL: Is that when
you first saw the pictures of the little boys?
*A160 MISSKELLEY: Mm-hmm, out
there in Lakeshore.
DETECTIVE GITCHELL: And you saw
the pictures in the briefcase?
*A161 MISSKELLEY: Mm-hmm, I think
when we had that cult.
DETECTIVE GITCHELL: Okay, now you
have participated in this cult, right?
*A162 MISSKELLEY: Yes
DETECTIVE GITCHELL: And how long
have you been involved in it?
*A163 MISSKELLEY: I've been in it
for about three months.
DETECTIVE GITCHELL: Okay, what is,
tell me some of the things you all do typically in
the woods, in, as being in this cult.
*A164 MISSKELLEY: We go out kill
dogs and stuff and then carry girls out there.
DETECTIVE GITCHELL: What do you
all do with the girls when you're out there?
*A165 MISSKELLEY: We screw them
and stuff
DETECTIVE GITCHELL: Does just
everybody take turns?
*A166 MISSKELLEY: Everybody,
mm-hmm, and we all have an orgy and stuff like
that.
DETECTIVE GITCHELL: Okay
DETECTIVE RIDGE: When you kill a
dog, what do you do with it?
*A167 MISSKELLEY: We usually skin
it, then a little bonfire and eat it and stuff
DETECTIVE RIDGE: Okay, when you're
initiating somebody new to come into it, to come
into a cult, what actually is done to initiate
that person into a cult?
*A168 MISSKELLEY: We usually, we
usually, you know, kill the animal, you know, to
see if he knows, knows how to handle the meat and
stuff, after we kill it to see if he knows, if he can't handle it, then
he don't get in.
DETECTIVE RIDGE: Okay, so he kills
an animal. You mentioned earlier that he may have
to eat part of that animal, what part of the
animal would he eat?
*A169 MISSKELLEY: Uh, part of the,
uh, the meat off his leg. DETECTIVE RIDGE: The meat off his
leg. *A170 MISSKELLEY: If he, if he
can't eat it, then he don't, he don't get in. DETECTIVE RIDGE: Doesn't get into
the club? *A171 MISSKELLEY: Un-uh. DETECTIVE RIDGE: Now, on these,
these meetings, have they ever been violent,
anybody get mad and got into a fight? *A172 MISSKELLEY: No DETECTIVE RIDGE: Okay, the night
you were in these woods, uh had you all been in
the water? *A173 MISSKELLEY: Yeah, we've been
in the water, we were in it that night, playing
around in it. DETECTIVE RIDGE: You were playing
around in the water? Alright, what were you doing
in the water? *A174 MISSKELLEY: Just DETECTIVE RIDGE: Besides just
playing, the little boys, had they been in the
water? Did they get into the water with you all? *A175 MISSKELLEY: No, they didn't
get into the water with us DETECTIVE RIDGE: Okay, what were
you doing in the water? *A176 MISSKELLEY: We were just
sitting there, throwing stuff at each other. DETECTIVE RIDGE: Okay, were you
all having sex? *A177 MISSKELLEY: No. I wasn't DETECTIVE RIDGE: You weren't? *A178 MISSKELLEY: No. DETECTIVE RIDGE: Was Damien and
Jason having sex? *A179 MISSKELLEY: They, they take
turns going up under the water. DETECTIVE RIDGE: Going under the
water, what were they doing up under the water? *A180 MISSKELLEY: I don't know.
They, they's sitting so far away, they, they's go
for the water sitting, about, I would say about
five to ten seconds, then come up and then the other one would go down DETECTIVE RIDGE: Okay, so they
were just messing around in the water. They called
for these boys to come over there? *A181 MISSKELLEY: Yeah, they, they
seen them boys and then they hollered, Damien
hollered, said, hey, and the little boys come up
there. DETECTIVE GITCHELL: Did they call
them by name? *A182 MISSKELLEY: Un-uh, they just
hollered at them, and they, they slowed up. DETECTIVE GITCHELL: Where did the
boys put their bikes? *A183 MISSKELLEY: Close to right
where there before you come in and they laid them
down right there, and I don't know, after I left I
don't know what they done with the bikes. DETECTIVE GITCHELL: You didn't do
anything to the bikes at all? *A184 MISSKELLEY: No. DETECTIVE GITCHELL: Are you sure? *A185 MISSKELLEY: Positive. DETECTIVE GITCHELL: You didn't
touch the bikes? *A186 MISSKELLEY: I didn't touch
them. DETECTIVE RIDGE: You've been back
to this place since that murder? *A187 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: Since it took
(unintelligible) place. What did you do while you
were there? And be truthful. *A188 MISSKELLEY: I went down
there, I just sit there, and after what they did
to the boys, I just sit there DETECTIVE RIDGE: And did what? *A189 MISSKELLEY: Just thought,
what they, what happened to them real bad, I just
thought. DETECTIVE RIDGE: Okay. *A190 MISSKELLEY: And then I left
and stuff. DETECTIVE RIDGE: And stuff? *A191 MISSKELLEY: Left and walked
home. DETECTIVE GITCHELL: When did you
go back there? Out. *A192 MISSKELLEY: Two or three
days after it happened, and I left. DETECTIVE RIDGE: You were there by
yourself? *A193 MISSKELLEY: I was there by
myself. DETECTIVE RIDGE: Did you go there
with some more boys once? *A194 MISSKELLEY: Me, David and
(hard to hear, sounds like Bill). DETECTIVE RIDGE: To that
particular place? *A195 MISSKELLEY: No, not to that
place. DETECTIVE RIDGE: Are you willing
to go down there with us and us have a camcorder
and you show us where these things took place?
Would you do that? (3 seconds of silence) Wouldn't have any problem
with that? *A196 MISSKELLEY: Not that I know
of, I wouldn't. DETECTIVE RIDGE: Huh? *A197 MISSKELLEY: Not that I know
of, I wouldn't have a problem with that. DETECTIVE RIDGE: But you would be
able to point out where these things took place? *A198 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: Which way the
boys came from *A199 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: And where you all
were when he hollered for the boys and stuff like
that, you wouldn't have any problem with that? *A200 MISSKELLEY: After, after,
after the murder and stuff, I would say about two
or three days later after it happened, I went down
there and thought about it and I haven't been there ever since. DETECTIVE RIDGE: Okay, let me ask
you something, now this is real serious and I want
you to be real truthful, and I want you to think
about it before you answer it, don't just say yes or no, real quick. I
want you to think about it. Did you actually hit
any of these boys? *A201 MISSKELLEY: No. DETECTIVE GITCHELL: Now, tell us
the truth. *A202 MISSKELLEY: No. DETECTIVE RIDGE: Did you actually
rape any of these boys? *A203 MISSKELLEY: No. DETECTIVE RIDGE: Did you actually
kill any of these boys? *A204 MISSKELLEY: No. DETECTIVE RIDGE: Did you see any
of the boys actually killed? *A205 MISSKELLEY: Yes. DETECTIVE RIDGE: Okay, which one
did you see killed? *A206 MISSKELLEY: That one right
there. DETECTIVE GITCHELL: Now, you're
pointing to the Byers boy again? *A207 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: How was he
actually killed? *A208 MISSKELLEY: He did, he
choked him real bad like. DETECTIVE RIDGE: Choked him? Okay,
what was he choking him with? *A209 MISSKELLEY: His hands, like
a, like a stick, he had a big old stick, and he's
kind of holding it over his neck. DETECTIVE RIDGE: Okay, so he was
choking him to the point where he actually went
unconscious, so at that point, you felt like he
was dead? *A210 MISSKELLEY: Yeah DETECTIVE RIDGE: Okay, did any of
the other two boys, were you there when they were
actually killed? *A211 MISSKELLEY: I don't know. DETECTIVE RIDGE: You say that you
got sick, from what you were seeing, did you throw
up or anything? *A212 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: Where did you
throw up at? *A213 MISSKELLEY: I got a little
bit ways out there. I took Seven up and then about
a half a mile up the road, is when I threw up, and
I had to quit running and (unintelligible) I threw up. DETECTIVE RIDGE: When you left
from there, did you leave running? *A214 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: Were you hiding? *A215 MISSKELLEY: Un-uh. (faint) DETECTIVE GITCHELL: Did you have
some blood on your clothes? *A216 MISSKELLEY: I didn't have no
blood on them, I wasn't, I didn't get close to
them. DETECTIVE GITCHELL: Were your
clothes wet still? *A217 MISSKELLEY: Mm-hmm, they
were damp. DETECTIVE GITCHELL: Muddy? *A218 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: Alright,
Inspector Gitchell touched on a point, real, real
close, now what clothes were Jason wearing that
day? That night? *A219 MISSKELLEY: He was wearing
some blue jeans and boots, like army boots like, DETECTIVE RIDGE: Army boots? And
what kind of a shirt, you know everybody wears a
special shirt for different things. *A220 MISSKELLEY: He was wearing
a, a Megadeth shirt. DETECTIVE RIDGE: A Megadeth. *A221 MISSKELLEY: Or maybe it was
a Metallica DETECTIVE RIDGE: Metallica shirt,
alright, was he wearing a cap, anything like that? *A222 MISSKELLEY: No, he wasn't
wearing anything like that DETECTIVE RIDGE: Alright, Damien,
what was Damien wearing? *A223 MISSKELLEY: Damien had some
black pants on, some boots and a black t-shirt. DETECTIVE RIDGE: Was anything on
his shirt? *A224 MISSKELLEY: No. DETECTIVE RIDGE: No kind of design
or anything? *A225 MISSKELLEY: No, just black. DETECTIVE RIDGE: These blue jeans
that Jason was wearing, were they designer jeans,
or were they old jeans, wore out, holes? *A226 MISSKELLEY: They were wore
out. DETECTIVE RIDGE: What did they
look like? *A227 MISSKELLEY: They had holes
in them and the knees and stuff. DETECTIVE RIDGE: Holes in the
knees. What color is Jason's hair? *A228 MISSKELLEY: Blonde. DETECTIVE RIDGE: Bright blonde, or
like a sandy reddish type blonde, you know the
difference? *A229 MISSKELLEY: It's like a
sandy colored blonde. DETECTIVE RIDGE: Sandy colored
blonde. Okay, he's wearing blue jeans, he had on a
Metallica shirt, now this is a shirt that's got
Metallica across the front of it spelled out, and a man's name, or
something under it, or a picture, is that right?
You tell me. *A230 MISSKELLEY: They have
pictures. DETECTIVE RIDGE: A picture of
somebody. *A231 MISSKELLEY: Different
shirts, uh, you know, different Metallica shirts
have different pictures. DETECTIVE RIDGE: Well, which one
did he have? *A232 MISSKELLEY: He had that uh,
like a, uh that scratched skull on it something
like. DETECTIVE RIDGE: A skull? *A233 MISSKELLEY: Yeah DETECTIVE RIDGE: Okay, what were
you wearing that day? *A234 MISSKELLEY: I was just
wearing regular blue jeans, my shoes and. . . DETECTIVE RIDGE: What kind of
shoes were you wearing? *A235 MISSKELLEY: My uh, Adidas. DETECTIVE RIDGE: Adidas tennis
shoes? *A236 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: Okay, what kind
of shirt were you wearing? *A237 MISSKELLEY: I was just
wearing a regular one of my old greasy up t-shirt. DETECTIVE RIDGE: Okay, was it a
designed shirt, like this bull-run type shirt, or
was it just a plain white. . . *A238 MISSKELLEY: Plain white DETECTIVE RIDGE: Old t-shirt.
Where are these shoes at now? *A239 MISSKELLEY: A friend of
mine, he borrowed them DETECTIVE RIDGE: Who is that? *A240 MISSKELLEY: Buddy Lucas. DETECTIVE RIDGE: Buddy Lucas? *A241 MISSKELLEY: He borrowed them
from me. DETECTIVE RIDGE: The boots that
Damien had on, are they army type boots too, or
what kind of boots were they? *A242 MISSKELLEY: Close like army
type, not quite. DETECTIVE RIDGE: Okay, they are
black, is that right, lace up? *A243 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: Okay, and Jason's
black, lace up? *A244 MISSKELLEY: Jason's was
black up to, about three quarters high. DETECTIVE RIDGE: Oh, they come way
up on him? *A245 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: Okay, Damien's
didn't come up that far? *A246 MISSKELLEY: Un-uh. DETECTIVE RIDGE: Okay. They killed
the boys, you decided to go, you went home, how
long after you got home before you received the
phone call? 30 minutes, an hour? *A247 MISSKELLEY: An hour. DETECTIVE RIDGE: An hour after you
got home. Okay, so they were there for a lot
longer? *A248 MISSKELLEY: Mm-hmm. DETECTIVE RIDGE: When he called
you on the phone, did he say that he had just got
in? *A249 MISSKELLEY: He, he, he did,
he called me, when he first got, called me, he
said, how come I, how come I left, and said, I
couldn't stand it, I had to do something else. DETECTIVE RIDGE: Okay. *A250 MISSKELLEY: And then Damien.
. . DETECTIVE RIDGE: You couldn't
stand it. *A251 MISSKELLEY: And then Damien,
I heard Damien in the background saying we done
it, we done it, what we going to do now, what if
somebody saw us? DETECTIVE RIDGE: Okay. Did anybody
see you leaving? *A252 MISSKELLEY: No. DETECTIVE RIDGE: That you know of. *A253 MISSKELLEY: That I know of. DETECTIVE RIDGE: Did anybody see
Damien and Jason? *A254 MISSKELLEY: I don't know, I
left before them. DETECTIVE RIDGE: But have you
heard anybody say that they saw Damien and Jason? *A255 MISSKELLEY: No. DETECTIVE RIDGE: You haven't heard
anybody? *A256 MISSKELLEY: Un-uh. DETECTIVE RIDGE: Okay. Now these
initiations, you said that they eat part of the
leg muscle? *A257 MISSKELLEY: Muscle. Yes. DETECTIVE RIDGE: Leg meat. *A258 MISSKELLEY: Yes. DETECTIVE RIDGE: Would that
involve eating part of the penis of the animal? *A259 MISSKELLEY: Un-uh. DETECTIVE RIDGE: Just the meat? *A260 MISSKELLEY: Just the meat. DETECTIVE RIDGE: Okay. Has Jason
and Damien talked to you since this happened? *A261 MISSKELLEY: Un-uh. DETECTIVE RIDGE: They haven't
talked to you about this? *A262 MISSKELLEY: They, they, they
hadn't said nothing around me, cause I'm around
some of my friends, they don't say nothing. DETECTIVE RIDGE: When you've been
by yourself, and I'm sure in the last three weeks
you've been by yourself with them sometime. *A263 MISSKELLEY: You know Damien
he just, he keeps on asking me how come I left and
stuff and hadn't anybody said anything to me about
it. DETECTIVE RIDGE: Okay, what did he
say to you about when you came to the police
department, that boy, you seeing that boy in the
woods? Up there behind the Goodyear place? What did he say
about that? *A264 MISSKELLEY: He doesn't know
about that. DETECTIVE RIDGE: He doesn't know
that. *A265 MISSKELLEY: Un-uh. DETECTIVE RIDGE: Okay. What about
when you get with Jason by himself? *A266 MISSKELLEY: He, he just, he
keeps on asking me what are we going to do next, I
told him, I can't do nothing now cause I go to
work with my daddy everyday. I made that excuse to him. DETECTIVE RIDGE: So, they are
scared, is that right? *A267 MISSKELLEY: They are scared
cause after what they did, I told them that I have
that excuse (unclear) that I was going to work
with my daddy, I got to do something, I got to
do something. DETECTIVE RIDGE: So, what do you
think ought to be done to them for killing these
boys? *A268 MISSKELLEY: I think they
need to be put away for awhile, DETECTIVE RIDGE: Put away for a
while. Do you think they are sick or just mean? *A269 MISSKELLEY: I think they are
sick. DETECTIVE RIDGE: They are sick.
Okay. Is there anything else that you want to add
to this statement? *A270 MISSKELLEY: No. DETECTIVE RIDGE: Why did you not
come forward with this information? *A271 MISSKELLEY: Cause I was
scared DETECTIVE RIDGE: Scared of Damien?
or scared of the police? *A272 MISSKELLEY: Scared of the
police. DETECTIVE RIDGE: Are you scared of
Damien now? *A273 MISSKELLEY: No. DETECTIVE RIDGE: Are you scared of
the police now? *A274 MISSKELLEY: Un-uh (faint) DETECTIVE RIDGE: You are not, so
we've treated you well? *A275 MISSKELLEY: Mm-hmm (faint) DETECTIVE RIDGE: Alright, I am
going to conclude this interview, the time is
3:18.
("confession" tape ends)
FOGLEMAN: Alright, Inspector Gitchell, in the uh,
tape there's a place where there's some reference
to some pictures from a newspaper?
GITCHELL: Yes sir.
FOGLEMAN: Alright. What was going on then?
GITCHELL: Umm, he was naming or attempting to name
the boys as far as the injuries and uh, at that,
at that point we had a picture that was I believe
either on the wall or on the table. It was a um,
copy of a newspaper article. I don't recall which
paper, but uh, I believe I retrieved that and um,
possibly the court reporter has that picture.
FOGLEMAN: Anyway, what did you do with it?
GITCHELL: Um, he was pointing out which boys and
which one had what damage done to the boys.
FOGLEMAN: Alright, well, I noticed on the tape
that um, Detective Ridge says something about,
he's asking about which boy did he hit and he says
the third picture and says Michael and...
GITCHELL: (interrupting) Yes, he, he was pointing
to the one and he'd say like well that third one
or this one. He was pointing to them --
FOGLEMAN: (interrupting) Alright.
GITCHELL: -- And that's why Detective Ridge went
ahead, and then after he pointed out those names,
we, he read the caption underneath that picture at
that time.
FOGLEMAN: Alright. What I'm referring to is after
he's uh, this may be before he uh, read the
caption. Uh, Detective Ridge uh, referred to the
newspaper article and asked which one of the three
boys is it that you say Damien hit and then he
says the third picture, which will be Michael, and
then, then you say this boy right here and then he
says yes and then you say that's Byers.
GITCHELL: (interrupting) Umm humm.
FOGLEMAN: What was happening there?
GITCHELL: Uhh he, he named one boy, but what he
did I believe he named the incorrect boy as far as
uh, their names. He picked out the right boy who
was castrated --
FOGLEMAN: (interrupting) Alright.
GITCHELL: -- He, he, he picked out the right boy
but he called him by the wrong name.
FOGLEMAN: Alright, well, let me... (asks someone
else) Do you have that picture? (pause) Do you
recognize that?
GITCHELL: Uh, yes sir. This is the uh, photo,
photostatic copy that I mentioned.
FOGLEMAN: Alright. I want to refer you to page 4
in the transcript of Exhibit 75A. This is before
we get to the part about the castration, begins
right here, if you would just read that over to
yourselves.
(Pause)
GITCHELL: Okay.
FOGLEMAN: Alright. And I note that uh, apparently
Stevie was in the middle. Is that correct?
GITCHELL: Yes sir, that's right, Stevie Branch.
FOGLEMAN: Alright. What was going on with uhh,
uhh, in that particular sequence right there?
GITCHELL: Alright, what uh, what he mentioned was,
he said the third boy. You count 1, 2, 3 --
FOGLEMAN: (interrupting) Okay.
GITCHELL: -- And he mentioned the third boy and
pointed to this boy. And that was in response to
the question of uh, of the three boys that you
said Damien hit and he points to uhh, the Byers
boy. And at that point, that's when I wrote first
and then Damien above that picture.
FOGLEMAN: Okay.
GITCHELL: And then he went on through.
FOGLEMAN: Alright. Your Honor, I suppose we ought
to make that an exhibit.
THE COURT: Alright. It may be received.
FOGLEMAN: That will be Exhibit uh, 104. Which was
that one numbered?
COURT REPORTER: (inaudible)
GITCHELL: 76.
COURT REPORTER: (inaudible)
FOGLEMAN: 105.
(mumbling)
FOGLEMAN: And for the record, it'll be State's
Exhibit 105 on the grey sticker. (pause) Now, when
um, the defendant is telling you about these
injuries, is he gesturing in any way or
demonstrating anything?
GITCHELL: Uh, yes sir uh, in particular about the
uh, Christopher Byers, when we asked uh, where he
was cut and at that point he was, he was pointing
like here.
FOGLEMAN: Umm humm.
GITCHELL: Pointing to himself. And that's where
you know, it's hard to, hard to see someone
pointing on cassette tape so that's why we
mentioned are you speaking of the groin area.
FOGLEMAN: Alright, is that after he said at the
bottom?
GITCHELL: Yes sir.
FOGLEMAN: Okay. (pause, flipping pages) Alright
now, what time did this uh, the tape recorded
session end?
GITCHELL: It was completed at uh, 3:18PM.
FOGLEMAN: Now after the tape recorded session
ended at 3:18PM, did a period of time elapse and
then you went back and talked to the defendant
some more?
GITCHELL: Uhh, yes sir it did uhh...
FOGLEMAN: (interrupting) Alright. Uh, let me ask
you this, between the time was the follow-up
conversation recorded also?
GITCHELL: Yes sir, the follow-up was.
FOGLEMAN: Alright. Between the time when you uh,
ended at 3:18 and you started the follow-up, was,
did you have any conversation uh, with the
defendant uh, that was not tape recorded?
GITCHELL: No sir, I did not.
FOGLEMAN: Alright. Alright, in the tape also there
was some reference to him going out and with a
camcorder and showing things, why was that not
done?
GITCHELL: Well, during that time, there was uh, a
very large media coverage uh, of that area, of the
police department uh, there were many times my
investigators would go out and they were pretty
much followed. So uh, for security of the case, we
felt it would be better uh, not to take Jessie to
that location because we knew he would be seen and
that could hinder any chances we would have upon
making arrests on other suspects.
FOGLEMAN: Also in the uh, tape recorded
conversation the defendant mentions Jason Baldwin
and uh, the clothes he was wearing. I want to show
you State's Exhibit 99 and ask if you can identify
that.
GITCHELL: Yes sir, this is a picture of Jason
Baldwin uhh --
FOGLEMAN: (interrupting) Wait, wait, just, don't
show it yet.
GITCHELL: Alright.
FOGLEMAN: Does it fairly and accurately portray
the defendant at the time of his arrest?
GITCHELL: Yes sir, I took that picture.
FOGLEMAN: Your Honor, we would offer State's
Exhibit 99.
THE COURT: Alright. It may be received.
STIDHAM: Judge, I don't think it's relevant.
THE COURT: Overruled.
STIDHAM: What does it fairly and accurately
depict?
FOGLEMAN: The defendant's appearance at uh, the
defendant Jason Baldwin's appearance at the time
of his arrest.
STIDHAM: Your Honor, what does that have to do
with this case?
FOGLEMAN: He has, the defendant has said, your
Honor, that Jason Baldwin was one of the people
involved and I think the jury ought to be able to
see his appearance. Also your Honor, that --
THE COURT: I allowed it in, into evidence.
FOGLEMAN: Alright. Thank you your Honor. May I
exhibit to the jury?
THE COURT: Yes, you may. (pause) Don't question me
again.
STIDHAM: Your Honor, I never even got a chance to
respond.
THE COURT: Well, if you want to state an
objection, I'll allow that but don't ask me to
respond to a ruling. Alright?
STIDHAM: Yes, your Honor.
THE COURT: Alright. You want to make an objection?
STIDHAM: I'd like to make an objection for the
record, your Honor.
THE COURT: Alright.
STIDHAM: To preserve the record --
THE COURT: (interrupting) Well, hold the picture
just a minute. Go ahead.
STIDHAM: Your Honor, he asked, the statement that
Mr. Misskelley gave, the question was what was he
wearing on May the 5th. What he's wearing on June
the 3rd, the day of his arrest, has no relevancy
whatsoever and I wasn't trying to be uh, improper
to the Court I was just trying, I never got a
chance to respond before your Honor admitted it.
THE COURT: Alright. Approach the bench.
BENCH CONFERENCE
THE COURT: (pause) The relevancy here with the
picture is not, and I didn't understand you to say
what was he wearing on June the 5th, is that what
you said?
FOGLEMAN: No, your Honor, in this tape he said
what he was wearing --
THE COURT: (interrupting) And then you ask him to
identify that picture and you said that's what he
was wearing on the date of his arrest, is that the
way it went?
STIDHAM: That's what I was trying to do, your
Honor. (Note: this might be Fogleman, hard to
tell)
THE COURT: Well, the relevancy, it should be quite
obvious that if uh, if (inaudible) Jessie is
saying in the statement that it is similar to
relevant evidence as to what the boy was wearing,
uh I mean, clothing is similar in nature and type.
Also it could be irrelevant as to...I think I know
what you're getting at....
STIDHAM: Your Honor, can we have time to --
THE COURT: Yeah, sure, okay.
RETURN TO OPEN COURT
THE COURT: Alright, ladies and gentleman, you may
stand in
recess for 5 to 10 minutes with the usual
admonition not to discuss the case.
GITCHELL: May I step down?
THE COURT: Yeah.
RECESS
RETURN TO OPEN COURT
FOGLEMAN: Inspector Gitchell, after you ended the
uh, tape at 3:18 uh, at some point later, was I
summoned to the police department?
GITCHELL: Yes sir.
FOGLEMAN: And uh, after I got there, at my request
did you have some further conversation with the
defendant?
GITCHELL: Yes sir, I did.
FOGLEMAN: Alright. And was this conversation tape
recorded as well?
GITCHELL: Yes sir, it was.
FOGLEMAN: I want to show you State's Exhibit 77
and ask if you can identify that.
GITCHELL: Uh, yes sir, this is the uh, envelope
which I marked uh, Jessie Misskelley, showing that
this is a follow-up tape taken after the first
confession.
FOGLEMAN: Alright. And I want to show you also
State, what I have marked for identification
purposes as State's Exhibit 77A and ask if you can
identify that.
GITCHELL: Yes sir, this is a transcript of that
tape.
FOGLEMAN: Your Honor, we would offer State's
Exhibit 77 and 77A and ask permission to play the
tape and distribute copies of the transcript to
the jury.
STIDHAM: No objection.
THE COURT: Okay, it may be received subject to the
previous rulings of the Court.
FOGLEMAN: Hang on just a moment.
CROW: Mr. Fogleman, do you have an extra copy of
that?
FOGLEMAN: Oh, I think I do.
(mumbling)
(setting up recorder at microphone-preparing to
play tape)
(June 3rd 'clarification' tape follows)
DETECTIVE GITCHELL: Just sit
there. Jessie, uh, when when you got with the with
the boys and with Jason and Baldwin when you three
were in the woods and then the little boys come up, about what
time was it? When the boys came up to the woods?
*B01 MISSKELLEY: I would say it
was about it was about five or six, five or six.
DETECTIVE GITCHELL: Now, did you
have your watch on at the time?
*B02 MISSKELLEY: Un-uh.
DETECTIVE GITCHELL: You didn't
have your watch on?
*B03 MISSKELLEY: Un-uh.
DETECTIVE GITCHELL: Uh, alright
you told me earlier around seven or eight or,
wh-which time is it?
*B04 MISSKELLEY: It was seven or
eight.
DETECTIVE GITCHELL: Are are you
sh-
*B05 MISSKELLEY: I remember it was
starting to get dark.
DETECTIVE GITCHELL: Ok, it
*B06 MISSKELLEY: I remember it was
starting to get dark.
DETECTIVE GITCHELL: Ok, well that
clears it up. I didn't know, that's what I was
wondering, was it getting dark or, or what.
*B07 MISSKELLEY: We got up there
at six but the boys come up when it was starting
to get dark.
DETECTIVE GITCHELL: Ok, so you and
Jason and Baldwin uh, Damien, you all got there
right at six?
*B08 MISSKELLEY: About six, yeah
DETECTIVE GITCHELL: Is that, is
that a normal time that you all meet? At six?
*B09 MISSKELLEY: Yeah.
DETECTIVE GITCHELL: Ok, when you
do your cult stuff, is six, does six mean
something, I mean is that a time you normally do
meet?
*B10 MISSKELLEY: Mm-hmm. (close to
mm-mm)
DETECTIVE GITCHELL: Ok, so you all
met out there at six and, and then the boys come
up about what time?
*B11 MISSKELLEY: About seven.
DETECTIVE GITCHELL: About seven
o'clock, okay. So you all were out there with the
boys and all this stuff going on and until you
noticed it starting getting dark. Is that correct?
*B12 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: Okay. Now are,
you're sure about that?
*B13 MISSKELLEY: Yes.
DETECTIVE GITCHELL: Okay, okay,
um, okay. Hold on just a minute. (Tape stops and
then restarts.) Ok Jessie uh, I asked you about
your clothing and you said that uh, what, what were you wearing?
*B14 MISSKELLEY: I was wearing uh,
blue jeans, and, uh, a white shirt, had some kind
of basketball deal on it. Some tennis shoes,
Adidas.
DETECTIVE GITCHELL: Alright, your
shirt was it a, uh, what kind of shirt was it?
*B15 MISSKELLEY: It was a white
shirt with, uh, basketballs all around it.
DETECTIVE GITCHELL: Is it a shirt
like you got on now?
*B16 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: What kind of
shirt is it like you got on now? That's a, that's
a what, a t-shirt?
*B17 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: Ok. So you had
a white t-shirt with a basketball design on it?
(22 second pause) Ok, uh, what about shoes. What
kind of shoes did you have on?
*B18 MISSKELLEY: White and blue
Adidas.
DETECTIVE GITCHELL: White and
blue?
*B19 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: And who has
those shoes now?
*B20 MISSKELLEY: Buddy Lucas.
DETECTIVE GITCHELL: And how old is
Buddy?
*B21 MISSKELLEY: He's about 18 or
19.
DETECTIVE GITCHELL: Why, why does
he have your shoes?
*B22 MISSKELLEY: We went, we was
coming home one day and it was raining and he
didn't have nothing else to wear so he put on one
of my shoes.
DETECTIVE GITCHELL: Ok, and where
does he live at?
*B23 MISSKELLEY: In Lakeshore.
DETECTIVE GITCHELL: Is there a. .
.
*B24 MISSKELLEY: By, uh a church.
DETECTIVE GITCHELL: Is there a
street or anything?
*B25 MISSKELLEY: There is a street
but it ain't got no names on it though.
DETECTIVE GITCHELL: What street is
the church on?
*B26 MISSKELLEY: On uh, as soon as
you get off of Cherry Street. Uh, Cherry Street,
right in front of it.
DETECTIVE GITCHELL: Off of Cherry
Street?
*B27 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: Okay, there,
are there any vehicles around close by that I
could recognize that trailer?
*B28 MISSKELLEY: It should be, uh,
a green truck and a brown van and there is a
basketball goal right there by right where the
green truck's at, there's a basketball goal.
DETECTIVE GITCHELL: Alright, who
tied the boys up?
*B29 MISSKELLEY: Uh, Damien.
DETECTIVE GITCHELL: Did Damien
just tie them all up or did anyone help Damien or
*B30 MISSKELLEY: Jason helped him.
DETECTIVE GITCHELL: Ok, and what
did they use to tie them up?
*B31 MISSKELLEY: A rope.
DETECTIVE GITCHELL: Ok. What color
was the rope?
*B32 MISSKELLEY: Brown.
DETECTIVE GITCHELL: Did you ever
see the boys in the water?
*B33 MISSKELLEY: (unintelligible,
yawn?) Uh, yep, down by the water.
DETECTIVE GITCHELL: Alright, how
did the boys get in the water?
*B34 MISSKELLEY: They um, pulled
pulled them in there, to the water.
DETECTIVE GITCHELL: Alright, when
you say they who, who is it that pulled them into
the water?
*B35 MISSKELLEY: Jason and uh,
Damien.
DETECTIVE GITCHELL: Do you wear a
belt?
*B36 MISSKELLEY: Nope.
DETECTIVE GITCHELL: Does Jason
where a belt?
*B37 MISSKELLEY: Un-uh.
DETECTIVE GITCHELL: Does Damien
wear a belt?
*B38 MISSKELLEY: Yep.
DETECTIVE GITCHELL: What kind of
belt does he wear?
*B39 MISSKELLEY: A black leather
belt with uh, beads around it uh, like little
beads around it.
DETECTIVE GITCHELL: With beads
around it?
*B40 MISSKELLEY: Like little beads
you know stubbies, little.
DETECTIVE GITCHELL: Ok, about how
thick is the belt?
*B41 MISSKELLEY: About four
inches.
DETECTIVE GITCHELL: Now, do you
know what four inches looks like?
*B42 MISSKELLEY: About like that,
the belt was about like that. (Original transcript
said: Using hands to show width)
DETECTIVE GITCHELL: Ok, I don't, I
don't think that's quite four inches, but uh,
probably about three something like that?
*B43 MISSKELLEY: Mm-hmm. (sounds
like mm-mm)
DETECTIVE GITCHELL: Which, which
boys were raped?
*B44 MISSKELLEY: Uh, the Byers and
the. . . the Branch.
DETECTIVE GITCHELL: Ok, so you
know them by, by name and face, well enough to
call them by name?
*B45 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: Ok, did you,
did you see the Moore boy, was he raped?
*B46 MISSKELLEY: No.
DETECTIVE GITCHELL: Alright, who
raped those two boys?
*B47 MISSKELLEY: Jason and Damien.
DETECTIVE GITCHELL: Do you know
which one raped which boy, or how did that happen?
*B48 MISSKELLEY: Damien raped the
Myers by hisself and and Jason and Damien raped uh
the Branch.
DETECTIVE GITCHELL: Alright, give
that to me again now.
*B49 MISSKELLEY: Damien raped uh
the Myers by hisself and Jason and Damien raped
the Branch.
DETECTIVE GITCHELL: (13 second
pause) Did anyone have oral sex with the boys?
*B50 MISSKELLEY: Yes, Damien and
Jason.
DETECTIVE GITCHELL: How many of
them did they do that to?
*B51 MISSKELLEY: Just two, Branch
and Myers.
DETECTIVE GITCHELL: (17 second
pause) How did they keep the boys quiet?
*B52 MISSKELLEY: Put their hands
over their mouths.
DETECTIVE GITCHELL: Did they do
anything else other than put their hands over
their mouths? How did they finally keep them from
being quiet, cause they the boys bound to have been hollering?
*B53 MISSKELLEY: They stick their
hands over their mouths first, and then they stick
their shirts to their mouth.
DETECTIVE GITCHELL: Ok, did they
do anything else to them to make them be quiet?
*B54 MISSKELLEY: They stuck their
thang in their mouth.
DETECTIVE GITCHELL: Ok, did they,
were they hitting them before that or afterwards?
*B55 MISSKELLEY: Before and after,
just trying to keep them off of them.
DETECTIVE GITCHELL: Just all of
the time?
*B56 MISSKELLEY: Just trying to
keep Jason and Damien off of them.
DETECTIVE GITCHELL: Now they put
their, whose shirts did they put in their mouth?
(My tape is missing this next line and a half)
*B57 MISSKELLEY: Damiens.
DETECTIVE GITCHELL: Ok, alright
hold on just a minute. (original transcript said
pause, another tape pause?) Let me ask you
something else, Jessie, I'm sorry, I keep coming back and forth, but I got
people that want me to ask you some other
questions, uh talking about oral sex, did you see,
you know we had talked earlier about (my tape continues) how Jason and uh Damien
do each other, have sex with each other. Did they,
did they have any oral sex on the boys?
*B58 MISSKELLEY: Yeah, they, they,
one of them stuck their thang in one of the boys
mouth while the other one got the other one up the
butt and stuff.
DETECTIVE GITCHELL: Ok, but did,
did anyone go down on the boys and and and maybe
suck theirs or something?
*B59 MISSKELLEY: Not that, I
didn't see nothing, neither one of them do that.
DETECTIVE GITCHELL: You didn't see
that?
*B60 MISSKELLEY: Un-uh.
DETECTIVE GITCHELL: Ok, did, did
they pinch their penis in anyway? Or were rough
with it or anything like that?
*B61 MISSKELLEY: I didn't see
nothing like that, not rough with them, I just
seen um
DETECTIVE GITCHELL: But you, you
didn't see anyone go down on the boys?
*B62 MISSKELLEY: Un-uh.
DETECTIVE GITCHELL: Are you sure?
*B63 MISSKELLEY: Yep.
DETECTIVE GITCHELL: Ok. (Tape cuts
off. Original transcript says: pause. Gave Jessie
a Coke) That Coke was kind of cold huh?
*B64 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: I tell ya it
tasted pretty good to me, though. Um, Jessie when,
now the boys hands were tied up right?
*B65 MISSKELLEY: Right.
DETECTIVE GITCHELL: How did, how
did, they force these boys to have oral sex on
them? How did they have a hold of them?
*B66 MISSKELLEY: One of them had
them, had them by the arms while the other one got
behind them and stuff.
DETECTIVE GITCHELL: Did he ever
hold him up here or
*B67 MISSKELLEY: Uh, the one that
was holding him up there at the front grabbing him
by his headlock.
DETECTIVE GITCHELL: Had him in a
headlock? Did he, did he have him any other way?
*B68 MISSKELLEY: He was holding
him like this by his head like this and stuff.
(Original transcript said: Note: was indicating
the victims being held by their ears)
DETECTIVE GITCHELL: Could he have
been holding him up here like that?
*B69 MISSKELLEY: He was, I was too
far away he was holding him right there by his
head like this (Original transcript said: Note:
showed the same as above)
DETECTIVE GITCHELL: So, so
*B70 MISSKELLEY: And he was
pulling him.
DETECTIVE GITCHELL: Ok, so who,
was one of them doing that or both of them was
doing it? Was Jason?
*B71 MISSKELLEY: Jason was holding
him while Damien did it and then they took turns.
DETECTIVE GITCHELL: So, they both
did it to all three of the boys?
*B72 MISSKELLEY: Just them two as
far as I know.
DETECTIVE GITCHELL: Just the two
of them?
*B73 MISSKELLEY: Yeah.
DETECTIVE GITCHELL: But they, they
both Jason and Damien did it to two of the boys
and they took turns?
*B74 MISSKELLEY: Mm-hmm.
DETECTIVE GITCHELL: And they would
hold, you, tell me again about their hands on, I
mean I know you're, you're holding it up here.
*B75 MISSKELLEY: It was up here by
their heads and stuff and was just pulling and
stuff.
DETECTIVE GITCHELL: Alright, so
they are up here, had their hands
*B76 MISSKELLEY: By their ears and
pulling them and stuff.
DETECTIVE GITCHELL: Alright, okay,
say, say that again for me now.
*B77 MISSKELLEY: Hold them by
their head, by the ears and pulling
DETECTIVE GITCHELL: Okay, okay.
('clarification' tape ends)
FOGLEMAN: Alright. Inspector Gitchell, when uh,
Jessie said uh, after you'd asked him about how
they would uh, force them to do this, and he said
he was holding 'em like this by his head like this
and stuff, was Jessie doing anything to
demonstrate?
GITCHELL: Yes sir. He was uh, demonstrating to me,
he was, they were holding the boys by their ears
and forcing, uh, oral sex.
FOGLEMAN: Alright, that's why he was showing you?
GITCHELL: Yes sir. By the ears and pulling down.
FOGLEMAN: Alright, in the tape, there's obviously
places where you stopped the tape recorder. What
happens then?
GITCHELL: I, I stopped the tape to walk out of the
room to confer with you.
FOGLEMAN: Okay. And um, from the time that you
first started taping any of the conversations with
Jessie um, at 2:44PM until you completed the
follow-up conversations with him, were there any
conversations that you or anybody else had with
the defendant that were not tape recorded?
GITCHELL: No sir. We, we did not talk with him
whatsoever.
FOGLEMAN: Alright. Between the time that uh, the
original tape ended at 3:18 um, well first of all.
Approximately what time did the follow-up
conversations begin?
GITCHELL: Um, it's probably around 5, maybe a
little bit before.
FOGLEMAN: Alright. Between 3:18 and 5, what were
you and your men doing?
GITCHELL: I had, uh, ordered some food for
everyone and um, I believe Jessie was also eating,
himself.
FOGLEMAN: Alright. And, you do anything else?
GITCHELL: Uh, well, we were in preparation for,
uh, getting papers together, copies for getting
affidavits and warrants.
FOGLEMAN: Okay. I don't have any further questions
at this time, your Honor.
THE COURT: Dan, you asked to reserve your
cross-examination 'til tomorrow morning?