21 MR. WADDING: Call Mr. Mowery.

22 (At which time a brief pause was taken.)

23 MR. WADDING: He's putting some money in a

24 parking meter right now, Your Honor. If we could have

25 two or three minutes, I guess.

402

1 COURT: Sure. Why don't we take until 2:45.

2 (At which time a recess was taken at

3 2:40 p.m., May 14, 1997; and proceedings commenced at

4 2:53 p.m., May 14, 1997, with the court, counsel and

5 defendant present.)

6 COURT: Mr. Wadding?

7 MR. WADDING: Thank you, Your Honor. The

8 state would call Ed Mowery.

9 HARVEY EDWARD MOWERY, JR.,

10 called as a witness on behalf of the state, being first

11 duly sworn by the court, was examined and testified as

12 follows:

13 .

14 COURT: Please state your full name.

15 WITNESS: It's Harvey Edward Mowery, Jr.

16 COURT: How do you spell Mowery?

17 WITNESS: M-O-W-E-R-Y.

18 COURT: Thank you. Mr. Wadding?

19 MR. WADDING: Thank you, Your Honor. May I

20 approach?

21 COURT: You may.

22 DIRECT EXAMINATION

23 BY MR. WADDING:

24 Q. Mr. Mowery, what is your occupation, sir?

25 A. I'm a medical technologist.

403

1 Q. Where are you a medical technologist at?

2 A. Sartori Hospital lab.

3 Q. How long have you been a medical technologist

4 for Sartori Hospital?

5 A. Not quite 24 years.

6 Q. And could you -- as a medical technologist,

7 do you come in contact with blood samples?

8 A. Yes.

9 Q. Okay. I mean, on a daily basis I would

10 imagine; is that fair?

11 A. Yes, correct.

12 Q. And did you come in contact with a blood

13 sample that was drawn from Tracy Rokes?

14 A. I gave one to a police officer. That's was

15 the only contact I had with it.

16 MR. WADDING: Okay. May I approach?

17 COURT: You may.

18 Q. I'm going to show you what's been entered

19 into evidence as State's Exhibit "D" and ask you -- it's

20 already been admitted into evidence, and do you recognize

21 that -- do you recognize -- what would you identify

22 State's Exhibit "D" as?

23 A. That's a blood-alcohol kit.

24 Q. And you recognize that?

25 A. Yes.

404

1 Q. And you're familiar with those?

2 A. Yes.

3 Q. And do you have any identifi -- identifying

4 features on State's Exhibit "D" that you were involved

5 in?

6 A. Yes, I do.

7 Q. Okay. What is that?

8 A. I have my signature, date and time.

9 Q. Okay. And do you know why you placed that on

10 that?

11 A. Whenever I released this to Officer Kramer, I

12 signed to verify that I gave it to him.

13 Q. And you did take this sample and give it to

14 officer -- or Officer Kramer?

15 A. Yes, I did.

16 Q. And do you know who he's associated with?

17 A. Cedar Falls Police Department.

18 Q. Okay. And do you recognize Officer Kramer

19 when you see him?

20 A. Yes, I do.

21 Q. Do you recognize him today when you saw him?

22 A. Yes, I do -- did.

23 Q. And he's out in the hall; is that correct?

24 A. Yes.

25 Q. And is he the person that you gave that

405

1 sample to?

2 A. Yes, he is.

3 Q. On October 16, 1996?

4 A. That's correct.

5 Q. And where was it, prior to you retrieving it

6 and giving it to Officer Kramer, where was it?

7 A. It was kept in one of our refrigerators in

8 the laboratory.

9 Q. And that -- is that where you generally keep

10 blood samples?

11 A. Yes, we do.

12 Q. And you, as a medical technologist, would

13 have access to those blood samples?

14 A. Yes, I do.

15 MR. WADDING: I don't have anything further.

16 COURT: Mr. Correll?

17 CROSS-EXAMINATION

18 BY MR. CORRELL:

19 Q. Sir, does that exhibit have -- Exhibit "D",

20 does that have any indication on that when the test was

21 completed by Sartori Hospital?

22 A. All that's on there is a tape that shows that

23 it was placed back in specimen on October 5th.

24 Q. And would that indicate to you that test had

25 been done on October 5th?

406

1 A. That's correct.

2 Q. And would it indicate to you that the box,

3 Exhibit "D", continued in the Sartori laboratory

4 refrigerator for approximately 11 days?

5 A. Yes.

6 Q. And did you -- at any point in time after

7 that had been tested, did you lock it up or secure it in

8 any way for those 11 days?

9 A. Nothing more than what we normally do for

10 these.

11 Q. And does that basically consist of putting it

12 in a refrigerator in your laboratory?

13 A. That's correct. We seal the specimen, date,

14 time it and it's placed in the refrigerator.

15 Q. Okay. And did you just wait there until it

16 was -- somebody else determined that the BCI was going to

17 test it?

18 A. I'm sorry. I don't understand that.

19 Q. Did you just leave the specimen there,

20 Exhibit "D", until a determination was made that the BCI

21 was going to test it?

22 A. Our protocol is, we maintain all legal

23 alcohols for a period of 90 days for that purpose.

24 Q. And somebody at that point in time then

25 directed you to take it down to the Cedar Falls Police

407

1 Department for possible further testing?

2 A. No. I did not take it down. Officer Kramer

3 came to the lab and picked it up.

4 Q. Did you hand-deliver it to him?

5 A. Yes, I did.

6 Q. And does his signature appear on that?

7 A. I don't see his, no.

8 Q. Is there any chain of custody log that you

9 kept on this Exhibit "D"?

10 A. From this point, no. I don't -- there's one

11 that would have gone when the specimen was initially

12 collected, but I was not involved in that, so --

13 Q. Okay. Is basically what you're saying is

14 whatever is in Exhibit "D", you gave that to Mr. Kramer

15 on the 16th day of October, 1996?

16 A. That's correct.

17 Q. And you don't know really what happened to

18 it, if anything, between October 5th and October 16th?

19 A. That's correct. The seal was still intact,

20 so --

21 MR. CORRELL: That's all I have.

22 MR. WADDING: I don't have any questions.

.

23 COURT: Thank you.

updated 07/31/10