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RANDY HANZLIK
Witness having been first duly sworn
Testified on
DIRECT EXAMINATION


BY MR. BRILEY:

Q. Would you state your name, please, sir? Your name?

A. My name is Randy Hanzlik.

Q. Dr. Hanzlik, where – are you a medical – trained medical doctor?

A. Yes, I am.

Q. And Dr. Hanzlik, where did you receive your training, your educational training?

A. I did my undergraduate and my medical training at Ohio State University in Columbus, Ohio.

Q. All right, sir. And did you specialize – when – did you specialize, and if so, when did you begin your specialization?

A. Yeah, after I got out of medical school. I did a pathology residency also in Columbus, Ohio, and then I moved to Atlanta and I did a sub-specialty training in the are of forensic pathology which has to do with death investigation, investigating deaths that are due to homicide, suicide, accidental causes, suddenly and unexpectedly. So I had a full training course in doing autopsies and investigating deaths.

Q. All right, sir. Have you previously been qualified in the field of forensic pathology and allowed to testify as an expert witness in that field in courts of law in this State?

A. Yes, I have.

MR. BRILEY: We submit Dr. Hanzlik on his qualifications, Your Honor.

MR. BELLURY: We have no objection to that.

THE COURT: I find that he’s qualified as a pathologist, is that right?

MR. BRILEY: Yes, sir.

THE COURT: Is that correct? Thank you.

BY MR. BRILEY:

Q. Dr. Hanzlik, did you have an occasion on the 5th day of May, 1991, to perform a post-mortem examination upon the body of Pattie Fugate?

A. Yes, I did.

Q. And where did you perform this examination?

A. I did that at the Georgia State Crime Laboratory in Decatur.

Q. All right, sir. Dr. Hanzlik, could you give a brief summary of your findings of any external trauma?

A. Okay, well, the body was that of a white female. It was consistent with the age that was reported to us of 39


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years. The body was dressed in clothing when I first saw it. There was a fair amount of blood on the clothing and on the body surfaces. There were a number of injuries on the body. It would probably be easier if I stared at the head and go down.

Q. Let me ask you before you begin. Did you note anything about it what would indicate that this body had been subjected to water?

A. Yes, I did. The body and the clothing were wet. The hands and skin was wrinkled like you get if you stay in water too long. So when I first saw the body, I thought perhaps that it had been in a wet environment at some point.

Q. All right. Go ahead then.

A. Okay. So starting at the head and working down. I guess, there was a – the major injury was a gunshot wound that was present on the forehead just to the right of the center of the forehead. That was there the bullet went in. And I’ll just describe the wounds on the outside of the body at this point, so there’s a bullet hole in the right front portion of the forehead. There were multiple bruises about the face. There was a bruise above the right eyebrow that had a little tear in the skin on it that was separate from the gunshot wound. There was some bruising here below the right eye. There was some bruising around the left eye. There was a large split on the back of the head. (NOTE: APPROXIMATELY 1” ZIGZAG-SHAPE, NOT ABLE TO BE CAUSED BY A PISTOL).


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Q. May I – before we proceed from that –

A. Sure, un-hun.

Q. -- may I slow you down and show you State’s Exhibit Number 30, and ask you if you can identify that?

A. Okay. State’s Exhibit –

Q. Now, I’m going to have to get that, and if you’ll just identify it. Is that a photograph of the – you made at autopsy?

A. Yeah, State’s Exhibit 30 is a photograph that I took actually before we conducted the autopsy but after we did the external examination.

Q. All right. Hold that just a moment.

A. Okay.

Q. All right, sir. Let me ask you abut State’s Exhibit 29 and ask you if you can identify that. Did you also make that photograph?

A. Yes, I did.

Q. And is that of the same subject, Pattie Fugate?

A. Yes, it is.

Q. Is that a true and accurate representation of that injury there?

A. Yes, it is.

MR. BRILEY: May I have that back? Your Honor, at this point in time, we tender into evidence State’s Exhibit 29 and 30.


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THE COURT: Any objection?

MR. BELLURY: No objection.

THE COURT: State’s 29 and 30 are in evidence without objection.

BY MR. BRILEY:

Q. All right sir. I show you State’s Exhibit Number – now, you – we feel free to use these to exhibit with this time.

A. Okay. All right.

Q. All right, sir.

A. Do you want me to –

Q. Yes, sir, if you would, please, sir. (Whereupon, the witness steps down from the witness stand.)

A. State’s Exhibit 30 shows what actually is the most important injury from the autopsy because this is the one that actually caused the death of Ms. Fugate. This is the bullet hole on the right front forehead as I mentioned here right up below the hairline. You see it’s kind of a – somewhat of a circular hole. And the bullet went on in and caused injury to the brain and caused damage on the inside of the head. But you can also see there’s a bruise here above the right eyebrow with some scraping and tearing of the skin here. There’s some bruising under the eye. And there’s some discoloration around


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the left eye as well. You can also see that there’s some scrapes on the skin. I haven’t described these yet, but some little bruises here on the collarbone area down at the bottom of the picture. This mainly the bruising with scraping on the skin above that are.



Q. Dr. Hanzlik, before you sit down again, let me ask you this. Did you find any stippling or anything that would indicate or give you any idea of distance?

A. No, I didn’t find any gun powder or gunshot residue in the wound itself or on the skin surface. So I can say that I – that I’m pretty sure that the gun was not directly on the skin. You know, it would’ve blown gun powder down into the wound, and that was not present here.

Q. Now, since you – I show you State’s Exhibit Number 7, which has already been admitted into evidence. And I ask you if you can point out to the jury the location on this – in this photograph where this underlying – where this bullet wound you have just described?

A. Okay. State’s Exhibit 7, you can see when I took the autopsy photograph, the hair has been washed and we removed the blood, and the hair has been pulled back. But in this photograph you can see that the hair is kind of pulled down over the forehead area and covering that area actually where the gunshot wound was.


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Q. All right, sir. Now, Dr. Hanzlik, if the bullet passed through that hair, would that have affected the amount of stippling or powder residue and all on the skin?

A. It could block it. Any object that was between the gun and skin surface could block that powder from getting on the skin.

Q. And that would interfere with putting an exact distance on the –
(NOTE: IF A SHOT WAS LESS THAN A FOOT AWAY, AS TESTIED IT WAS, THERE WOULD BE STIPPLING (powder residue) INSIDE THE WOUND).

A. Yes

Q. All right, sir. I show you State’s Exhibit Number 29 and ask you to explain that to the jury?

A. Okay. State’s Exhibit 29 is a picture of the back of Ms. Fugate’s head. I had to shave a little bit of the hair here to show this injury because you couldn’t see it because her head hair was thick. You can see that there’s a slit in the skin here with some bruising around it. This is right over that, if you feel on the back of your head, where that little bump is. It’s right over that are

A. And this is kind of A zig-zag shaped tear in the skin with some bruising around it. (GUNS DO NOT MAKE A ZIG-ZAG SHAPE TEAR).

Q. All right, sir. Thank you, sir. You can resume.

(Whereupon the witness returns to the witness stand.)

Q. All right, sir, Doctor, why don’t you proceed down the body, if you will, now?

A. Okay. We’ve mentioned that there was the gunshot


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wound on the forehead, the split on the back of the skin, the bruising around the eyes. There was a small scrape on the skin under the chin that you could not see in that photograph, and then there was some other bruising around the right shoulder blade – right collarbone area.

Q. I hand you State’s Exhibit 31.

A. Okay.

Q. Now, I’m going to have to go through the – is that a true and accurate photograph made by yourself of that subject?

A. Yes, it is.

MR. BRILEY: May I have it for a moment? Your Honor, tender into evidence State’s Exhibit Number 31.

THE COURT: Mr. Bellury?

MR. BELLURY: No objection. Your Honor.

THE COURT: 31 is in evidence without objection.

BY MR. BRILEY:

Q. And if you would, please, sir?

(Whereupon, the witness steps down from the witness stand.)

A. State’s Exhibit 31 shows the right collarbone area


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here coming down to the shoulder with some scraping and bruising of the skin in multiple locations, down by the side of the neck here and the central portion of the collarbone area and clavicle are

A. These are combinations of scraping on the skin surface and bruising. (NOTE: THESE SMALL AREAS ON THE SIDE OF THE NECK COULD NOT HAVE BEEN CAUSED BY A PERSON STEP ON IT WHO WAS WEARING CLEATED BOOTS, AS WAS STATED).

Q. All right, sir. Before you step back up, maybe I can – this is already in evidence. It’s State’s Exhibit Number 9. You, I believe, -- did you make any findings about injuries around the knee area?

A. Yeah, I described in my report that there were scrapes on both knees. There was also a scrape on the side of one of the knees, and there was a scrape on the left shin with some bruising. And this photograph, State’s Exhibit 9, shows some of the those findings. Here’s a scrape on the knee. It almost kind of looks like a carpet burn or a run burn or a friction burn, you might call it, here on the knee. And here’s some bruising and scraping down here on the shin are

A. You can see some kind of vague discolorations here as well that are bruises. (NOTE: OBTAINED WHILE BUCK & PATTIE, WHO WAS WEARING SHORTS, WERE FIGHTING FOR THE GUN AND FELL ON THE CARPET).

Q. Thank you, sir.

(Whereupon, the witness returns to the witness stand.)

Q. Doctor, I’ll let you proceed at your own pace.

A. Okay. So we’ve kind of covered the head and neck area and the shoulder or the collarbone area and the legs. She also had some bruises on


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both forearms, on the tops of both forearms and on her right arm below the shoulder. (NOTE: WHERE BUCK’S FINGERS WERE GRIPPING PATTIE TO HOLD HER BACK AND OFF HIM)

Q. Doctor, may I ask you one thing? Those on the forearm, could they be – could they be consistent with defense wounds? (NOTE: COVERED 4” MAXIMUM AREA).

A. Yeah, that’s typically a place that you do see injuries when somebody’s trying to avoid – it occurs with a lot of different types of injuries. If somebody sees that they’re being stabbed, they’ll often try to grab the knife or push the knife away and they’ll get cut. If they know they’re being shot sometimes they’ll put their arms up and the bullets will go through their hands or forearms. If they’re being beaten or attacked, they’ll often try to push somebody away and they’ll get bruises like this on the tops of their forearms and arms. So those are consistent with that type of thing. (REALLY?)

Q. All right sir. Proceed now, if you would, please, sir.

A. So there are a lot of bruises on the different body surfaces. We’ve shown, you know, on the head there were bruises. There were bruises on both arms. One of the fingernails was torn like there had been some force applied to it or perhaps, again, in a defensive type positioning. Bruises on the legs, and then the gunshot wound to the forehead. So there was evidence of some sort of a struggle with multiple injuries and a gunshot wound to the


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forehead that resulted in death. (NOTE: CHEAP GLUE-ON PLASTIC TYPE FINGERNAILS WHICH COME QUITE EASILY, EVEN WITHOUT ANY KIND OF PRESSURE. BRUISES ON ARMS WHERE BUCK TRIED TO HOLD HER BACK OFF OF HIM, ON LEGS FROM FIGHTING & FALLING IN THE CARPET AND ON OBJECTS IN THE CLUTTERED FOYER).

Q. Can you described the gunshot wound to the head internally?

A. Okay. The bullet, as I mentioned, when through the skin up here on the right side of the forehead where we saw in the photograph. There was no gun powder on the skin or in the deep parts of the would that I could see. It went through the bone on the forehead area, and then the bullet went downward through the brain. It impacted with the back of the skull underneath the brain and came to rest there. And of course, in its path from going through the bone, the bullet broke into a couple of small pieces and remained in one fairly large piece that I retrieved from the brain. There was a lot of hemorrhage around the brain and destroyed brain tissue from this bullet, and as I mentioned, I did retrieve the bullet from the bottom part of the skull area.

Q. Was there any chance of her surviving – surviving such a wound?

A. I don’t think so. The bullet went through the part of the brain where all the connections go from the upper part of your brain down through the brain stem that control your respiration and heart beat, and I don’t think – although there could’ve been a short survival of minutes or a little longer. I don’t think any meaningful long-term survival could’ve occurred after this wound. (NOTE: PATTIE DIED INSTANTLY & WHY THERE WAS A VERY SMALL AMOUNT OF BLOOD ON THE NAPKIN LAYING ON THE FLOORBOARD OF THE VAN, WHERE PATTIE’S HEAD FELL AFTER BEING SHOT. THIS PROVES SHE WAS INDEED INSIDE THE VAN, NOT OUTSIDE WITH BUCK HOLDING HER HEAD BACK, AND NOT SHOT AT POINT BLANK RANGE).


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Q. If a witness, a lay witness, said that – that her death appeared to have occurred some three or four – at least three or four minutes afterwards, that’d be consistent with your findings?

A. Yeah. She might’ve been unconscious very quickly, and then over the ensuing three, four, five, six minutes, taken that amount or perhaps even a little longer to actually die. She probably would’ve been unconscious fairly quickly.

Q. All right, sir. I show you State’s Exhibit Number 28, and ask you if you can identify that, please, sir?

A. Yes. State’s – State’s Exhibit 28 is a plastic box that I labeled and placed the bullet in that I removed from Pattie Fugate’s head. I described it as a mushroom-shaped lead projectile. And it’s a little hard to see in there, but this is kind of mushroom-shaped.

Q. I think you said it was unjacketed?

A. Unjacketed, yes. No jacket.

Q. All right. Dr. Hanzlik, did you at the autopsy obtain a blood specimen from the body of Pattie Fugate?

A. Yes, I did.

Q. Did you label it with her name and identifying data?

A. Yes, I did.

Q. And did – what did you do with that?

A. After I take that blood sample – in this case I’d took blood samples for multiple reasons, one for drug testing


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and one for blood typing. I take them upstairs to the specimen receiving area where they are then logged in that area and taken to the appropriate part of the crime laboratory for whichever tests are going to be done.

Q. And you took that blood sample along with the bullet up to that area and logged them in?

A. Yes. Yes.

Q. Do you have an opinion as to the cause of death?

A. Yes, I do.

Q. And what is that, please, sir?

A. I believe that Pattie Fugate died of a gunshot wound to the head.

MR. BRILEY: Thank you, Doctor.

He’s with you.

THE COURT: Cross?

CROSS-EXAMINATION


BY MR. BELLURY:

Q. Dr. Hanzlik, you’ve already testified, of course, that you found no – no gunshot residue, no stippling, I believe you called it, on the face or body or anywhere on the body of Pattie Fugate. That is the, generally speaking, the maximum distance away before you don’t have the residue?

A. Well, you have to have the exact gun and the same type of ammunition to be able to know, you know, with certainty how far you have to be away to not leave a deposit. But in general with a .38 caliber handgun, once you’re beyond about 18 inches to two feet or so, the pattern gets sparse enough that you might not see anything on the skin. But again, that’s kind of in a broad range. You really have to know what type of ammunition and how long the barrel is on the gun and other facts to really know for sure muzzle-to-target distance or how far away a gun was from a target.

Q. Well, to help you out just a little bit, if I can, given this firearm right here, which is a .38 Special, would that have more than likely left such stippling or residue if it were as close as one foot?

A. If that particular gun discharged normally and was one foot away and it had a normal load in it that fired normally and there was nothing between the front of the gun and the skin, it probably would’ve left some sort of tattooing or stippling on the skin’s surface. But I have to take all of those assumptions, you know, into consideration that there was nothing between the gun and the body. (NOTE: NOT PROBABLY, DEFINITELY).

Q. And of course, you looked to see if there was such residue or such stippling?

A. On the skin, yes.

Q. When – right, you did look for that. All right, sir. The – obviously, the gunshot wound is the most serious injury on the body. What would you categorize as the next


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most serious?

A. The next most serious, aside from all the gunshot related internal injury, I think, would be the two – actually I didn’t even describe one of the wounds on the forehead. There was a bruise internally on the scalp that was separate from that one that we saw on the back where there was a split in the skin. There is an impact – evidence of TWO (NOT 50+) impacts to the head other than that gunshot wound. So the next serious injury would most likely be the one on the back of the head that you saw the photograph of with the split in the skin. (NOTE: THIS WOUND NOT POSSIBLE TO HAVE BEEN MADE BY BEING HIT WITH A GUN). Then there was another one that was probably about the same force but it just didn’t break the skin, and it was right on top of the head. (???) So those would be the three most serious injuries. The other ones were more just bruising, as we mentioned, perhaps relating to a defensive type position. (NOTE: FROM FIGHTING) But the gunshot wound Number 1, and then two blunt injuries to the head would be the top three.

Q. All right. And ignoring for a moment the abrasions and those kinds of injuries and just going to bruises, were those necessarily caused by some kind of object or – in other words, could they have been done by hand pressure or finger pressure?

A. Some of them, I think, could’ve been from finger pressure, (DEFINITELY) but not the ones on the head. I think there’s probably some object involved there. The one on the forehead


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also which would make a third actually blunt force impact if we want to count the facial area, that may have been done by an instrument, not necessarily a hand. So some of these could’ve been from a manual or a physical gripping or grabbing, but I think some of them were made with some sort of a blunt object, too. (NOTE: OBJECTS THAT PATTIE LANDED ON WHEN SHE & BUCK FELL WHILE FIGHTING, BUT NOT FROM A GUN).

Q. As to the cut, the laceration on the back of the head that you described, is there any way to absolutely place that in terms of time? I mean, in other words, could it have – could it have occurred simultaneously with the gunshot wound?

A. If I had to render an opinion when that occurred I’d say it probably occurred before she was shot because there was a fair amount of blood on different body surfaces. There were blood spots on her shoes. There were blood spots on her clothing. There was seeped in blood on her shirt in the shoulder regions, and I don’t think that she by herself carried on much activity after she was shot. As I mentioned, this bullet went through a part of her brain that was probably – would make her unconscious almost right away. So I think she probably had some other injury before she was shot that was bleeding to get all this blood on her clothing and then she was shot. I can’t say that for sure, but that’s my opinion based on what I know. (NOTE: BUCK TOLD PATTIE HER HEAD WAS BLEEDING RIGHT BEFORE SHE KICKED AT HIM. THE BLOOD ON SHOES AND CLOTHES WAS FROM WHERE MARK, OR HIS FRIEND, SAT PATTIE UP AFTER BUCK LAID HER ON THE GROUND & LEFT THE SCENE).

Q. Dr. Hanzlik, it is not so that a good deal of blood


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that – after such an injury as this and such a fatal wound as this that a good deal of blood comes up through the lungs? Is that – is that the case?

A. Yes, you can get blood coming up from the lungs. You can – as in this case where the bullet went through the head, it fractures, it breaks the bones underneath the brain and blood goes down through the nose into the throat, and you inhale blood and you cough up blood. But you wouldn’t get this kind of a pattern of all this soaked in blood on the clothing and blood on the tops of her shoes and blood spatters all over the clothing if she just laid there and bled after she was down. I think she was upright at some point or was in an upright position and was bleeding for a while, and that’s why this blood pattern is like this on the clothing. (NOTE: BRILEY ADMITTED TO THE JUDGE (see page 8) THAT MARK ADMITTED HE MOVED PATTIE, AND IS WHY THERE WAS BLOOD ON THE SHOES).

Q. Well, but that just goes to the position, but I mean my question being is it entirely possible that the blood would’ve gone through the lungs and then from there up through the mouth, through the nose and all?

A. Yes, but you’d have to have her in a position for a long enough time to get it on the tops of the shoes and the front of the clothing if she was laying on the ground after a gunshot wound and held this blood. Most of the blood that’s going to be coming out is going to be around the face or on the upper clothing area because you’re laying on the ground. If she were sitting in a chair upright, perhaps, unconscious,


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you might get this pattern. And I can’t say with certainty one way or the other, but I believe, based on the sequence of events that, you know, I can reconstruct from y findings that she probably had the head injury first and was shot second.

Q. I understand. But if she were – at least the upper torso in a vertical position or nearly so, then it would be entirely possible for the amount of blood that we see on her clothes and other wearing apparel to have come through the lungs and through the mouth and through the nose?

A. That’s possible, but then you have other findings that you’d have to explain such as why the tops of the shoulders are soaked. If you have her leaning forward to get the blood on the shoes, you wouldn’t necessarily have soaked in blood on the shoulders. You have to have her back at some point for that.

Q. All right. So are you – are you testifying then that most of the blood that we see came from this – this cut on the back of her head. Is that – is that what your testimony is?

A. I think hat a fair amount of the blood that we saw on the clothing came from there. Some of it certainly came from her mouth and nose after she were shot, too. (THE BLOOD ON THE FRONT OF PATTIE CAME FROM WHEN SHE WAS SIT UP, THE DROPS OF BLOOD IN THE VAN POSSIBLE WERE FROM THE CUT ON THE BACK OF HER HEAD).

Q. All right.

A. There was evidence that her hand may have been up near her head. There was a fingernail in her hair. She had injuries on her hand. (NOTE: WHAT INJURIES – NOT IN AUTOPSY?)

Q. When you speak of a fingernail, do you mean an organic fingernail or do you mean a false fingernail?

A. Artificial fingernail.

Q. Artificial fingernail. Well, was there a considerable amount of blood on the back of her clothes?

A. There was some that had run down after she was dead and placed in the material that she was sent to the morgue in, yes. (NOTE: THERE WAS BLOOD ALL OVER PATTIE BY THE TIME SHE ARRIVED AT THE MORGUE, JUST LIKE EVERYONE ELSE IS WHEN PLACED INSIDE A BODYBAG).

Q. Was there more on the front or on the back?

A. I don’t recall at this point quantity-wise. I was looking more at the pattern, not the volume.

Q. Is it possible that the laceration on the back of the head could have occurred even after she had the fatal shot? Is that possible?

A. That’s possible, yes.

Q. You have no way of absolutely knowing?

A. Not absolutely.

Q. In other words, it is conceivable that if she were shot and her head perhaps fell back and hit some sharp object of some sort, say a door frame, it could have caused such a laceration to the head, is that correct?

A. It could’ve caused that laceration.

Q. All right. Given a gunshot wound such as we have here, is there normally any blood spattering from such a


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wound?

A. There wouldn’t be a lot of blood spattering. You’d have some. This is a relatively low-velocity bullet compared to some things like rifles. And it, as far as I can tell, was not in direct contact with the skin where you have the gas coming out of the gun that causes spattering as well. So there may be some spattering but not a whole lot.

Q. Is there any way, based on your experience, that you can tell what distance we could be looking toward in terms of spattering from this particular wound? What would be the maximum distance for any spattering?

A. Blood, you’re talking about, or tissue?

Q. Blood, blood, yes, blood.

A. A few feet, maximum, I would say.

Q. By a few feet, two, three?

A. Two or three feet.

Q. All right. And perhaps maybe as many as 10 or 12 drops of blood, spatters of blood? (NOTE: THIS WOULD ACCOUNT FOR THE BLOOD INSIDE THE VAN ALSO).

A. Possibly, yes.

MR. BELLURY: That’s all.

THE COURT: Redirect?

MR. RILEY: I don’t have anything

THE COURT: May we excuse him, Mr. Briley?

MR. BRILEY: May I – before this witness leaves the stand, Your Honor, let me offer into evidence State’s Exhibit Number 28.

THE COURT: State’s 28 offered into evidence. Any objection, Mr. Bellury?

MR. BELLURY: No objection, Your Honor.

THE COURT: State’s 28 is in evidence without objection.

May we excuse him, Mr. Briley?

MR. BRILEY: Yes, sir. Thank you.

THE COURT: Mr. Bellury?

MR. HANZLIK: Thank you.

MR. BELLURY: We have no problem.

THE COURT: Doctor, you’re excused with the thanks of the Court. Thank you very much.

MR. HANZLIK: Thank you.

THE COURT: Call your next witness, please.

MR. BRILEY: Doctor, -- let me recall the doctor a moment, Your Honor.

THE COURT: All right.

MR. BRILEY: Doctor, will you please –

THE COURT: The record will reflect that the doctor never left the courtroom during the short period of time he was excused as a witness.

Go ahead, Mr. Briley.

REDIRECT EXAMINATION



Page 553

BY MR. BRILEY


Q. I’m sorry, but I believe you said you – that this is the person in State’s Exhibit 30 that you autopsied and was identified to you as Pattie Fugate?

A. Yes.

Q. Did you find anything peculiar about any of the features of Pattie Fugate at the autopsy?

A. Yeah, if we’re talking about identification, she had a glass eye on the left – or a glass artificial eye on the left, and she had a scar on her abdomen. Those are probably the most unique features.

Q. I show you State’s Exhibit 32, and I ask you if you can identify this person that you autopsied and show in that picture there as Pattie Fugate?

A. This looks like the same person to me.

MR. BRILEY: All right. Thank you, sir.

THE COURT: That’s State’s 32?

MR. BRILEY: Yes, sir.

Thank you sir.

MR. HANZLIK: Okay.

THE COURT: Recross?

MR. BELLURY: No recross.

THE COURT: May we now excuse him, Mr. Briley?


Page 554

MR. BRILEY: Yes, we can excuse him.

THE COURT: Mr. Bellury?

MR. BELLURY: No objection.

THE COURT: Thank you, Doctor, you’re excused.

MR. HANZLIK: Okay.

THE COURT: Call your next witness.

MR. BRILEY: Call Mr. –

THE COURT: Approach the bench, gentlemen. Let me talk to you just a minutes.

(Whereupon, the following bench conference is held between Court and counsel:)

MR. BRILEY: Just one witness, just cameo appearance, and I’m through.

THE COURT: All right. That’s what I wanted to ask you. Go ahead.

MR. BRILEY: Just the cameo, and then he wants a break.

MR. BELLURY: Yeah, we do.

MR. BRILEY: All right, sir.

THE COURT: All right.

MR. BRILEY: All right, sir.

(Whereupon, the bench conference is concluded.)

THE COURT: Bring your next witness in, please, sir.




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