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From: Miss Marple
Date: 6/25/01
Time: 11:03:38 AM
Lange testimony, cross, Feb. 22, afternoon Q BY MR. COCHRAN: WHERE DID YOU SEE THIS PLASTIC HEART, IF YOU RECALL, SIR? A IT WAS SOMEWHERE IN THE VICINITY OF THE VEHICLE, ALSO IN THE DRIVEWAY. Q WAS THAT NEAR WHERE THIS CHANGE WAS? A I THINK IT MAY HAVE BEEN ON THE OTHER SIDE OF THE VEHICLE. Q ALL RIGHT. IT WAS SOMEWHERE BACK NEAR THE VEHICLE, THOUGH, BUT MAYBE IT WAS ON THE SOUTH SIDE OF THE VEHICLE? A PERHAPS. Q I'M GOING TO APPROACH AND SHOW YOU THIS PLASTIC HEART AND ASK YOU WHETHER AS PICTURED HERE THIS IS A FAIR AND ACCURATE PORTRAYAL OF THE WAY THIS HEART APPEARS? A SIR, YES, IT APPEARS TO BE. Q NOW, WHEN YOU SAW THAT -- WHEN DID YOU SEE IT?
A THAT WOULD HAVE BEEN ON THE INITIAL WALK THROUGH. Q WHEN PHILLIPS WAS SHOWING YOU WHAT WAS TAKING PLACE? A YES. Q THAT WILL BE ON JUNE 13TH? A THAT'S CORRECT. Q AND DID YOU HAVE THAT ITEM BOOKED INTO EVIDENCE? A IT WAS BOOKED, YES. Q AND BY THE WAY, NOW YOU SAW IT ON JUNE 13TH. CAN YOU LOOK IN YOUR REPORTS AND TELL US WHAT DATE WAS THAT ITEM BOOKED INTO EVIDENCE? A IT WAS SOMETIME AFTER THE 13TH BECAUSE I ALSO HELD THIS ITEM OUT. Q ALL RIGHT. I UNDERSTAND THAT. THE QUESTION WAS -- MY QUESTION WAS, WHAT DATE WAS THIS ITEM BOOKED INTO EVIDENCE? A I DON'T KNOW. Q CAN YOU LOOK AT YOUR REPORTS AND TELL US? A I COULD GO THROUGH THEM. SEVERAL PAGES. Q COULD YOU DO THAT FOR US? A CERTAINLY. MR. COCHRAN: I WOULD LIKE TO SHOW THE ITEM, YOUR HONOR, WHILE WE ARE DOING IT. THIS IS 1035, THE HEART FOUND REAR SOUTH SIDE OF THE VEHICLE.
(BRIEF PAUSE.)
THE WITNESS: (WITNESS COMPLIES.) Q BY MR. COCHRAN: YOU ARE AWARE THIS IS ITEM NO. 288, SIR? A THAT WOULD HAVE HELPED. Q I'M SORRY, I THOUGHT I HAD SAID THAT EARLIER. A THAT ITEM WAS BOOKED ON AUGUST 25TH. Q AUGUST 25, 1994? A YES. Q NOW, THIS IS AN ITEM THAT HAD BEEN RECOVERED FROM THE SCENE BY YOU ON JUNE 13TH? A YES. Q IT WAS NOT BOOKED UNTIL AUGUST WHAT? A 25TH. Q BY YOU; IS THAT CORRECT? A YES. Q NOW, THAT WOULD BE CONTRARY TO YOUR -- THE POLICY EXPRESSED AGAIN IN YOUR MANUAL, TO BOOK THIS EVIDENCE AS SOON AS POSSIBLE; ISN'T THAT CORRECT? A (NO AUDIBLE RESPONSE.) Q CAN YOU ANSWER THAT YES OR NO, PLEASE? MS. CLARK: OBJECTION. IF THE WITNESS NEED TO EXPLAIN, HE SHOULD BE ALLOWED TO. THE COURT: NO. YES OR NO?
THE WITNESS: I DON'T BELIEVE I CAN ANSWER THAT ONE WAY OR THE OTHER BECAUSE AGAIN THE MANUAL IS A POLICY, BUT IT IS JUST A GUIDE. Q BY MR. COCHRAN: WELL, I DON'T ARGUE WITH YOU, BUT I WOULD LIKE TO SEE IF YOU CAN ANSWER THIS QUESTION YES OR NO. I WILL TRY AND ASK IT AGAIN. MS. CLARK: OBJECTION, YOUR HONOR. HE JUST SAID HE COULDN'T. THE COURT: OVERRULED. MR. COCHRAN: I WANT TO REPHRASE THE QUESTION. THANK YOU, YOUR HONOR. Q THIS ITEM BOOKED AS NUMBER 288, OUR NO. 1035? THE COURT: 1035. Q BY MR. COCHRAN: 1035 WAS SHOWN TO YOU ON THE WALK THROUGH BY PHILLIPS ON THE EARLY MORNING HOURS OF JUNE 13TH, 1994, CORRECT? A YES. Q YOU WERE AWARE OF IT, PICTURES WERE TAKEN OF IT AND IT WAS NOT BOOKED UNTIL THE LATTER PART OF AUGUST OF 1994; IS THAT CORRECT? A THAT IS CORRECT.
Lange later said he had kept the heart in a drawer in his desk that whole time. Miss Marple