See also: Connie Young CFPD Report
See also:
Connie Young Civil Trial Deposition
See also:
Tracey Braun Civil Trial Deposition

CONNIE YOUNG
CRIMINAL TRIAL


(Pages 674-697)

674

1 CONNIE YOUNG,

 

2 called as a witness on behalf of the defendant, being

 

3 first duly sworn by the court, was examined and testified

 

4 as follows:

 

5 COURT: Mr. Correll?

 

6 MR. CORRELL: Thank you.

 

7 DIRECT EXAMINATION

 

8 BY MR. CORRELL:

 

9 Q. Will you state your name, please.

 

10 A. Connie Young.

 

11 Q. And will you tell us what your address is,

 

12 please.

 

13 A. 3231 Abraham Drive.

 

14 Q. Are you employed?

 

15 A. Yes.

 

16 Q. And where are you employed?

 

17 A. Waterloo School District.

 

18 Q. And in what capacity are you employed there?

 

19 A. I'm a second grade teacher.

 

20 Q. How long have you been employed by the

 

21 Waterloo schools as a teacher?

 

22 A. Seven years.

 

23 Q. Are you married?

 

24 A. Yes.

 

25 Q. And what is your husband's name?

 

675

 

1 A. Craig.

 

2 Q. Do you know either Delonna or Tracy Rokes?

 

3 A. Yes.

 

4 Q. And which one of those two people did you

 

5 come to know first?

 

6 A. Delonna.

 

7 Q. And how long have you known Delonna?

 

8 A. Approximately seven, eight years.

 

9 Q. Where do you live in relationship to the

 

10 Rokes home?

 

11 A. About three blocks away.

 

12 Q. And how -- would that be the same answer

 

13 relative to where you were living from them on October 4,

 

14 1996?

 

15 A. Yes. We were both living at the same places

 

16 we were then.

 

17 Q. Back in the -- back in the early part of

 

18 October, October 4, 1996, were you pregnant?

 

19 A. Yes, I was.

 

20 Q. And how -- when did you ultimately give

 

21 birth?

 

22 A. On November 1st -- or, I'm sorry,

 

23 November 21st.

 

24 Q. Of 1996?

 

25 A. Correct.

 

676

 

1 Q. During the course of your pregnancy, what was

 

2 your practice regarding consuming alcohol?

 

3 A. There were two occasions in which I consumed

 

4 one beer, but other than that, I did not consume any

 

5 alcohol.

 

6 Q. Did you consume any alcohol on October 4,

 

7 1996?

 

8 A. No, I did not.

 

9 Q. And for what reason?

 

10 A. For the fact that I was pregnant.

 

11 Q. Okay. Did you work that day?

 

12 A. Yes.

 

13 Q. After school that day, did you ever have an

 

14 occasion to go over to the Rokes home?

 

15 A. Yes, I did go over there.

 

16 Q. And about what time of the late afternoon or

 

17 early evening would that have been when you went there?

 

18 A. Around 4:30, 5 o'clock.

 

19 Q. And when you went over there, who was in the

 

20 home when you got there?

 

21 A. Delonna and Tracey Braun, and I think maybe

 

22 the neighbor, and I think that's it.

 

23 Q. Did any -- did any of the people have their

 

24 children there?

 

25 A. Yes.

 

677

 

1 Q. And who was that?

 

2 A. Tracy and Delonna's kids were there, and I'm

 

3 not sure about the Braun boy, and I'm also not sure about

 

4 the neighbor boy.

 

5 Q. When you were there, did you stay there for a

 

6 period of approximately how long before you left?

 

7 A. Probably about an hour.

 

8 Q. Okay. During that point in time, was there

 

9 ever any discussions between the people that you

 

10 described being in the home about going out that evening?

 

11 A. Yes. That's when it was decided what we were

 

12 going to do.

 

13 Q. Okay. And what was -- what was decided as to

 

14 what was going to happen that evening of October 4?

 

15 A. That we would go out to Brooster's.

 

16 Q. Okay. And what individuals were going to go

 

17 out to Brooster's?

 

18 A. The Brauns and Rokeses and my husband and

 

19 myself, and I'm not sure if the -- at that time the

 

20 Bradfords were going to be meeting us there or not for

 

21 sure.

 

22 Q. Okay. During that period of time while you

 

23 were there, did Tracy Rokes, my client and the man to my

 

24 left, did he come home?

 

25 A. Yes.

 

678

 

1 Q. And what did you see him do, if anything,

 

2 once he got to the home?

 

3 A. He just walked in and sat on the couch.

 

4 Q. Did you ever see him talk to Delonna when --

 

5 while you were there?

 

6 A. When he walked in, I'm sure he talked to all

 

7 of us as a group.

 

8 Q. Okay. And when you were there and he was in

 

9 the home, did he ever consume any alcoholic beverage

 

10 whatsoever?

 

11 A. No.

 

12 Q. Did he consume any kind of a beverage?

 

13 A. I believe he had a pop.

 

14 Q. Okay. Have -- by the time he got home, had

 

15 the discussion or decision already been made about going

 

16 out that evening?

 

17 A. Yes.

 

18 Q. When you left the Rokes home, where did you

 

19 go?

 

20 A. I went -- I went to my home.

 

21 Q. And about what time -- what time range would

 

22 it have been that you arrived at your home?

 

23 A. Between 5:30 and 6.

 

24 Q. And did you and your husband then prepare to

 

25 go out?

 

679

 

1 A. Yes.

 

2 Q. And about what time was it that you and your

 

3 husband left your house?

 

4 A. I'd say between 6:30 and 6:45.

 

5 Q. Okay. And where did you go?

 

6 A. We went to Brooster's.

 

7 Q. Okay. And what part of Cedar Falls do you

 

8 live in?

 

9 A. In the northwest.

 

10 Q. Okay. And is Brooster's located in Waterloo

 

11 off University?

 

12 A. Yes.

 

13 Q. About what time do you think it would have

 

14 been that you and your husband would have arrived at

 

15 Brooster's?

 

16 A. Right around 7 o'clock.

 

17 Q. Okay. And you didn't go with -- no other

 

18 couple rode with you; is that correct?

 

19 A. That is correct.

 

20 Q. When you got there, did you go in, you and

 

21 your husband go in and have a seat?

 

22 A. Yes.

 

23 Q. Did any of the other people that you

 

24 discussed earlier, did any of those people come and join

 

25 you?

 

680

 

1 A. Yes.

 

2 Q. What would -- to the best of your

 

3 recollection, what were the first couple, or who were the

 

4 first people that came and joined you?

 

5 A. The Bradfords were the first ones after us.

 

6 Q. If you got there around 7, about what time

 

7 would it have been that the Bradfords would have arrived?

 

8 A. About 7:20.

 

9 Q. And did they -- when they came, did they come

 

10 over and sit at your table?

 

11 A. Yes. We were -- Lisa came and talked to me,

 

12 and Bill went and talked to my husband. At that time I

 

13 don't think we were probably sitting down when they came

 

14 in.

 

15 Q. And that's Lisa and Bill Bradford you're

 

16 referring to?

 

17 A. Yes.

 

18 Q. Now, did, at some point in time, did Delonna

 

19 and Tracy Rokes come in?

 

20 A. Yes.

 

21 Q. And what is your best estimate as to the time

 

22 that they came in?

 

23 A. Quarter to 8.

 

24 Q. And what did they do when they got there?

 

25 A. Tracy went and talked with the guys, and

 

681

 

1 Delonna came over and talked to us girls.

 

2 Q. Okay. And when you were both there and these

 

3 two groups, the men and the women, were the men

 

4 relatively close to where your situation was?

 

5 A. Yes.

 

6 Q. And in that regard, what did you -- what did

 

7 the women speak about generally? What were the topics of

 

8 conversation?

 

9 A. We just had small talk, and we also talked

 

10 about Delonna's mother.

 

11 Q. And were the men, do you know what the men

 

12 were talking about or what they were doing?

 

13 A. No. They were standing over off to the side

 

14 having their own conversation.

 

15 Q. Okay. And is this the type of establishment

 

16 where there is t.v.s that have sporting events on?

 

17 A. Yes.

 

18 Q. Were there any types of those events on at

 

19 that time when -- in the area where the men were, if you

 

20 know?

 

21 A. There was a t.v.. on, but I don't know what

 

22 was on the t.v..

 

23 Q. When you say that you had discussions, what

 

24 was the general nature of the discussion regarding

 

25 Delonna Rokes' mother?

 

682

 

1 A. Excuse -- I'm sorry. Could you --

 

2 Q. What -- generally what was the nature of what

 

3 she said about her mother?

 

4 A. She had said that she was sick and that she

 

5 had been in the hospital and she was worried about her.

 

6 Q. Okay. When she said that, did she appear

 

7 fine, or was she upset, or how would you describe her

 

8 condition?

 

9 A. She was upset.

 

10 Q. Okay. When you stayed in that portion of

 

11 this establishment, did you ever go to the other side

 

12 which is known as Celebrations?

 

13 A. Yes, we did.

 

14 Q. And what -- what caused you to go over there?

 

15 A. There was a band setting up to play, so we

 

16 thought we would go over there for that and also to see

 

17 if there was anyone else that we knew over on that side.

 

18 Q. Okay. And about what time would you estimate

 

19 it was that you went from Brooster's to go over to where

 

20 the band was playing?

 

21 A. Probably around 9:30.

 

22 Q. Okay. And when -- describe, will you for the

 

23 purposes of the court and this record, how do you go -- I

 

24 mean, do you have to go outside, or how do you go from

 

25 the Brooster's over to Celebrations?

 

683

 

1 A. There is just the doorway between the

 

2 Brooster's and Celebrations. You do not need to leave

 

3 the building. They are connected, other than you just

 

4 walk through a doorway and you're at the other side.

 

5 Q. And did all the people that were over in the

 

6 Brooster's side, you, the Rokeses, the Bradfords and the

 

7 Brauns, all go over to the Celebrations side to listen to

 

8 the band?

 

9 A. Yes, we did.

 

10 Q. When -- when you are over -- before you go

 

11 over to the Celebrations side, did you see Tracy Rokes,

 

12 if he consumed any beer?

 

13 A. Yes, he did.

 

14 Q. Okay. And did you count, or do you know how

 

15 many beers he consumed at the -- Brooster's side?

 

16 A. No, I do not.

 

17 Q. At the time you left the group that you were

 

18 in, did you see anything -- excuse me, left the

 

19 Brooster's side to go to the Celebrations side, did you

 

20 see anything that caused you to believe that Tracy Rokes

 

21 was in any way impaired or feeling any effect from that

 

22 beer?

 

23 A. Not at all.

 

24 Q. When you went over to the Celebrations side,

 

25 what did you guys do once you got there as far as doing

 

684

 

1 anything?

 

2 A. We went over there, and we did run into some

 

3 other people that we knew, and we listened to the band.

 

4 Q. Okay. Did you watch people?

 

5 A. Yes.

 

6 Q. Some people dance?

 

7 A. Yes.

 

8 Q. Did you dance?

 

9 A. No.

 

10 Q. With regard to when you're over there, did

 

11 you have conversations, talking with Tracy Rokes?

 

12 A. Yes, I did.

 

13 Q. During the time that you talked to Tracy

 

14 Rokes, when you're over there, did you ever have any

 

15 sense from any way he behaved, said anything, walked,

 

16 stood, that he was in any way under the influence of

 

17 alcohol?

 

18 A. No.

 

19 Q. Was there anything that even hinted to you

 

20 that he was under the influence of alcohol either at the

 

21 Brooster's or the Celebrations side?

 

22 A. No.

 

23 Q. With regard to the point in time when you

 

24 left, will you tell us about what time it was that you

 

25 left?

 

685

 

1 A. We left about 10:45.

 

2 Q. Okay. And when you left, what, if anything,

 

3 did you notice about Delonna Rokes shortly before you

 

4 left?

 

5 A. She was upset.

 

6 Q. How could you tell that?

 

7 A. She was crying.

 

8 Q. And what did you do, if anything, shortly

 

9 before you left as far as saying good-bye to her or Mr.

 

10 Rokes?

 

11 A. We -- yeah. We all said good-bye to each

 

12 other, and then we -- we left.

 

13 Q. Okay. At the time that you left, in that

 

14 approximately two and a half hours or so that you would

 

15 have been with them, at any point in time did you observe

 

16 anything that would have caused you to believe Mr. Rokes

 

17 was intoxicated or under the influence of alcohol?

 

18 A. No, I did not.

 

19 Q. Had you done -- made such an observation,

 

20 what would you have done?

 

21 A. If I would have felt --

 

22 MR. WADDING: I guess I'm going to object to

 

23 that, Your Honor. It calls for speculation. It's really

 

24 not relevant.

 

25 COURT: Sustained.

 

686

 

1 Q. Did you offer to or suggest that you give him

 

2 a ride home?

 

3 A. No, I did not. And the reason I didn't --

 

4 Q. No. Just -- you've got to answer me right

 

5 now.

 

6 A. Sorry. No, I did not.

 

7 Q. Did you see any reason to do that?

 

8 MR. WADDING: I'm going to object, Your

 

9 Honor.

 

10 A. To do what? I'm sorry?

 

11 MR. WADDING: It's irrelevant.

 

12 COURT: Overruled. You may answer.

 

13 A. To do what? I'm sorry.

 

14 Q. To offer him a ride home.

 

15 A. No. I saw no reason.

 

16 Q. Would it have caused any difficulty to you to

 

17 do that living three blocks from them?

 

18 A. No.

 

19 Q. When you left and got outside, did you see,

 

20 towards your car, did you see Mr. and Mrs. Rokes outside?

 

21 A. Yes.

 

22 Q. And what -- where were they going, or what

 

23 were they doing?

 

24 A. They were walking to their vehicle.

 

25 Q. And were you at or walking towards your

 

687

 

1 vehicle when you saw them?

 

2 A. Yes.

 

3 Q. Did you go the same way home that they went?

 

4 A. No.

 

5 Q. And which route home did you go from

 

6 Brooster's?

 

7 A. We went down University Avenue.

 

8 Q. And on your way to University Avenue, or down

 

9 University Avenue, was it your plan to stop anyplace on

 

10 University Avenue after you left Brooster's?

 

11 A. We planned on stopping at McDonald's.

 

12 Q. And did you, in fact, stop at the McDonald's

 

13 on University Avenue?

 

14 A. No. We stopped at the McDonald's on

 

15 1st Street.

 

16 Q. Okay. And is that where you and your husband

 

17 got something to eat?

 

18 A. Yes.

 

19 Q. Okay.

 

20 MR. CORRELL: That's all I have, Your Honor.

 

21 Thank you.

 

22 COURT: Mr. Wadding?

 

23

 

24

 

25

 

688

 

1 CROSS-EXAMINATION

 

2 BY MR. WADDING:

 

3 Q. You indicated that when the --

 

4 MR. CORRELL: Excuse me, Mr. Wadding. I'm

 

5 sorry to do this. I don't mean to interrupt him, because

 

6 I know it is improper to interrupt somebody asking a

 

7 question. There is one issue that I did not raise, and I

 

8 would like to have the opportunity to reopen before the

 

9 question got asked by Mr. Wadding.

 

10 COURT: Go ahead.

 

11 CONTINUED DIRECT EXAMINATION

 

12 BY MR. CORRELL:

 

13 Q. I'm going to ask you, Mrs. Young, if

 

14 approximately within a week after October 4th, if you

 

15 were called by anybody in the Cedar Falls Police

 

16 Department and asked to give a statement?

 

17 A. Yes, I was.

 

18 Q. And when you were requested to give such a

 

19 statement, did you do so?

 

20 A. Yes.

 

21 Q. And did you tell them basically what you have

 

22 told this court today?

 

23 A. Yes.

 

24 MR. CORRELL: That's all. Thank you, Your

 

25 Honor.

 

689

 

1 COURT: Mr. Wadding?

 

2 MR. WADDING: Thank you.

 

3 CROSS-EXAMINATION

 

4 BY MR. WADDING:

 

5 Q. You indicated that you first became friends

 

6 with Delonna Rokes; is that correct?

 

7 A. Yes.

 

8 Q. And how long have you been friends with

 

9 Delonna Rokes?

 

10 A. Approximately seven, eight years.

 

11 Q. And how long have you been friends with the

 

12 defendant?

 

13 A. Probably six or seven.

 

14 Q. And do you and your husband socialize with

 

15 them on a regular basis?

 

16 A. Yes, we do.

 

17 Q. And do you carry on in a neighborly

 

18 relationship as well?

 

19 A. Yes.

 

20 Q. See each other probably on a day-to-day

 

21 basis?

 

22 A. I wouldn't say day-to-day.

 

23 Q. Okay. How often would you say?

 

24 A. Probably four times a week.

 

25 Q. And you're still neighbors, I take it?

 

690

 

1 A. Yes.

 

2 Q. You indicated that the Rokeses arrived at

 

3 Brooster's at 7:45 p.m.?

 

4 A. Approximately.

 

5 Q. Approximately? And you had planned to meet

 

6 at Brooster's some time in the afternoon; is that

 

7 correct?

 

8 A. No, that is not correct.

 

9 Q. Okay. When did you -- when had you planned

 

10 to -- I'm sorry. When did you make the plans to get

 

11 together?

 

12 A. I hadn't known about the plan until I arrived

 

13 at the Rokeses' between 4:30 and 5.

 

14 Q. Okay. You're aware of some plan before that?

 

15 A. I believe so.

 

16 Q. Okay. Was this a special occasion, do you

 

17 know, or just a get-together?

 

18 A. Just a get-together.

 

19 Q. Not an unusual gathering of people?

 

20 A. No.

 

21 Q. I take it that you all know each other?

 

22 A. Yes.

 

23 Q. The Browns (sic) and the Bradfords and the

 

24 Rokeses?

 

25 A. Correct.

 

691

 

1 COURT: Is it Brown or Braun?

 

2 WITNESS: It's Braun.

 

3 COURT: How do you spell that?

 

4 WITNESS: B-R-A-U-N.

 

5 COURT: Mr. Wadding.

 

6 Q. And when the defendant and his wife arrived,

 

7 is it -- are you saying that you basically split up at

 

8 that point in time, men went to one location and the

 

9 women were at a -- at another location?

 

10 A. Correct.

 

11 Q. I mean, in the general vicinity of each other

 

12 but just kind of broke off into two groups?

 

13 A. Right.

 

14 Q. And you characterize your conversation as

 

15 small talk, and then there was talk about Ms. Rokes'

 

16 mother?

 

17 A. Correct.

 

18 Q. And that she was upset?

 

19 A. Right.

 

20 Q. And how long after they arrived did that take

 

21 place?

 

22 A. Briefly afterwards we started talking about

 

23 it, and throughout the night we talked about it.

 

24 Q. Is that intermittent throughout the night?

 

25 A. Yes.

 

692

 

1 Q. So from approximately 8 o'clock until 10:45

 

2 there was talk of Ms. Rokes' mother's illness?

 

3 A. Right. Off and on, yes.

 

4 Q. And was that also intermittent -- well,

 

5 excuse me. Let me rephrase that. Was Ms. Rokes' mood

 

6 also intermittent as to whether she was upset or whether

 

7 she was having a good time?

 

8 A. There were times when she was -- she wasn't

 

9 as upset as other times.

 

10 Q. And did the defendant, did he appear to be

 

11 upset to you?

 

12 A. I think he was concerned.

 

13 Q. And what gave you that impression?

 

14 A. Just the way him and his wife were talking

 

15 and by actions.

 

16 Q. And when were they talking?

 

17 A. Over at the -- more over at the Celebrations

 

18 side.

 

19 Q. And you said that you saw some dancing over

 

20 there. You didn't dance, right?

 

21 A. Correct.

 

22 Q. But the defendant did, didn't he?

 

23 A. Yes.

 

24 Q. And he danced with his wife; is that correct?

 

25 A. Yes.

 

693

 

1 Q. And he's not -- doesn't usually dance; is

 

2 that correct?

 

3 A. Correct.

 

4 Q. And by the end of the night you felt that

 

5 Delonna Rokes was intoxicated; is that correct?

 

6 A. Yes.

 

7 Q. And you described the defendant as being

 

8 perfectly fine; is that correct?

 

9 A. Yes.

 

10 Q. And you described that to the Cedar Falls

 

11 Police Department; is that correct?

 

12 A. Yes.

 

13 Q. And, as a matter of fact, didn't you state,

 

14 "I felt that Tracy was perfectly fine and felt that he

 

15 was in better condition than Delonna?"

 

16 A. Correct.

 

17 Q. And you knew Delonna to be intoxicated?

 

18 A. Excuse me?

 

19 Q. And you knew Delonna to be intoxicated?

 

20 A. I'm sorry. I don't understand what you're

 

21 saying.

 

22 Q. Okay. You thought that Delonna was drunk,

 

23 didn't you?

 

24 A. Yes.

 

25 Q. So you knew her to be intoxicated?

 

694

 

1 A. Yes.

 

2 Q. Okay. And you were comparing the defendant

 

3 to Delonna when you made that statement?

 

4 A. No.

 

5 Q. You indicated that -- well, where were you

 

6 parked in -- at Brooster's? Out in that big parking lot

 

7 out front?

 

8 A. Yes.

 

9 Q. Okay. And was your car next to the Rokeses'

 

10 car --

 

11 A. No.

 

12 Q. -- vehicle? Was it close to the Rokeses'

 

13 vehicle?

 

14 A. It was fairly close.

 

15 Q. How far away would you say it was?

 

16 A. Probably two aisle -- you know how they park,

 

17 two aisles up.

 

18 Q. And yours would have been closer to

 

19 University then?

 

20 A. No.

 

21 Q. Yours was farther away from University?

 

22 A. Correct.

 

23 Q. And theirs would have been closer to

 

24 University?

 

25 A. Yes.

 

695

 

1 Q. And did you walk out with the Rokeses?

 

2 A. No.

 

3 Q. Okay. Who -- who walked out first?

 

4 A. The Bradfords left first.

 

5 Q. Okay. Between you and the Rokeses?

 

6 A. I'm assuming we must have, because we saw

 

7 them walking through the parking lot then.

 

8 Q. And where were you at then?

 

9 A. We were by our car.

 

10 Q. Were you in your car yet?

 

11 A. I don't believe so.

 

12 Q. This is approximately 10:45, between 10:45

 

13 and 11 o'clock?

 

14 A. Well, it was -- I'd say 10:45.

 

15 Q. Okay. And did you see the Rokeses on the

 

16 following day after the accident?

 

17 A. Yes.

 

18 Q. And do you remember speaking with the

 

19 defendant about the lights at Greenhill?

 

20 A. Yes.

 

21 Q. What did you remember talking about at that

 

22 intersection?

 

23 A. We had just talked about what time we thought

 

24 that they went from a solid light to a flashing light.

 

25 Q. And you all thought it went -- it was at

 

696

 

1 11 o'clock?

 

2 A. That's what we thought, yes.

 

3 Q. And you gave a statement to the Cedar Falls

 

4 Police Department; is that correct?

 

5 A. Yes.

 

6 Q. Was that -- did you talk any further about

 

7 the accident other than the lights at that intersection?

 

8 A. With the -- with the Rokeses?

 

9 Q. Yes.

 

10 A. A little bit.

 

11 Q. Okay. Your husband present?

 

12 A. When we talked about this?

 

13 Q. Yes.

 

14 A. Yes.

 

15 MR. WADDING: That's all the questions I

 

16 have. Thank you.

 

17 COURT: Mr. Correll?

 

18 MR. CORRELL: I have nothing further, Your

 

19 Honor.

 

20 COURT: Okay. Thank you. Let's take six or

 

21 seven minutes at this point. We'll reconvene shortly

 

22 after 2:30. Thank you.

 

23 (At which time a recess was taken at

 

24 2:25 p.m., May 20, 1997; and proceedings commenced at

 

25 2:40 p.m., May 20, 1997, with the court, counsel and

 

697

 

1 defendant present.)

 

2 COURT: Mr. Correll?

 

3 MR. CORRELL: Call Mr. Young.

 

4 COURT: If you would step forward, please.

 

5 CRAIG YOUNG,

 

6 called as a witness on behalf of the defendant, being

 

7 first duly sworn by the court, was examined and testified

 

8 as follows:

 

9 COURT: Mr. Correll?

 

10 MR. CORRELL: Thank you, Your Honor.

updated 12/13/16