See also: Frances Ostendorf Deposition Criminal Trial

(Pages 657-666)





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: Would you please state your full


6 name.


7 WITNESS: Frances Ostendorf.


8 COURT: How do you spell your last name?




10 COURT: Thank you. Mr. Correll?


11 MR. CORRELL: Thank you, Your Honor.






14 Q. Again, for the record, will you state your


15 name, please.


16 A. Frances Ostendorf.


17 Q. And where do you reside?


18 A. Rural Dougherty.


19 Q. And is that in the state of Iowa?


20 A. Yes.


21 Q. And what is your relationship to Delonna


22 Rokes?


23 A. She's my daughter.


24 Q. And is Tracy Rokes your son-in-law?


25 A. Yes.




1 Q. I'm going to ask you a few questions


2 pertaining to your health, and more particularly as that


3 health was back on October 4, 1996. Okay?


4 A. Uh-huh.


5 Q. Prior to October 4, 1996, had you had any


6 history of heart health problems?


7 A. Yes.


8 Q. And would you tell us basically when -- what


9 that history was and from when it started?


10 A. In September of '90 I had four bypasses.


11 Q. Is that four bypass surgeries?


12 A. Yes. And then in October of '91 I had three


13 bypass surgery.


14 Q. And where was this --


15 A. That was in Kansas City at a heart institute.


16 And I've had six angioplasties and one stent put in.


17 Q. Since then?


18 A. Uh-huh.


19 Q. Now, does your family have any history of


20 heart problems?


21 A. Yes. We have severe heart problems. I lost


22 two brothers in October with -- one passed away the day


23 that I had my surgery.


24 Q. October of 1996?


25 A. Uh-huh. And then one died three weeks later,




1 and I had lost a sister earlier, all from heart.


2 Q. And is that some genetic problem?


3 A. Yes.


4 Q. With regard to your particular health, back


5 in late September of 1996, was there ever an occasion


6 when you were hospitalized?


7 A. I don't understand.


8 Q. Did you ever go to the hospital in late


9 September of --


10 A. I went September 30th. They put me in the


11 hospital.


12 Q. And what kind of things were happening to


13 you?


14 A. I was having chest pains.


15 Q. Okay. And what -- what hospital were you put


16 into?


17 A. The North Iowa Medical in Mason City.


18 Q. And when you were in there from -- you went


19 in on September 30?


20 A. 30.


21 Q. How long did you remain continuously


22 hospitalized?


23 A. Until October 9th.


24 Q. Okay. Now, at any point in time did they do


25 an angiogram?




1 A. The 3rd, the 3rd of October.


2 Q. And what was the purpose of that, if you


3 know?


4 A. Well, I was having chest pains and half of my


5 heart was not getting any blood.


6 Q. Now, during the time between your admission


7 on September 30 up through Friday, October 4, did Delonna


8 ever come to Mason City to visit you in the hospital?


9 A. Yes. She was there the day I had the


10 angiogram.


11 Q. And what day was that?


12 A. The 3rd.


13 Q. Okay. How would you describe Delonna as


14 whether she was concerned or worried about you or not


15 worried about your health condition?


16 A. She never let me know, because I have to


17 avoid stress. And -- but she was there when the doctor


18 came out and talked to my husband and her.


19 Q. Did she ever indicate she wanted you to go


20 back to the heart institute?


21 A. Yes. She called me up Friday night even and


22 wanted me to go to Kansas City.


23 Q. And is that the heart institute --


24 A. Yes.


25 Q. -- that did the previous surgery?




1 A. Yes.


2 Q. Now, with regard to Tracy Rokes, did he ever


3 stop and see you at the hospital between September 30 and


4 October 4th?


5 A. Yes. Several times.


6 Q. And do you remember the days that he stopped


7 to see you?


8 A. I don't remember exactly, but I know he was


9 there the 4th on -- after I had had the angiogram.


10 Q. And had he ever been there on any days


11 earlier than that --


12 A. Yes.


13 Q. -- to visit you?


14 A. Yes. He worked there in Mason, and he picked


15 my husband up for dinner one night.


16 Q. A night other than --


17 A. Other than that night, yes.


18 Q. On October 4, Friday, October 4,


19 approximately what time would it have been when Tracy


20 Rokes came to see you?


21 A. It was in the afternoon, but I don't know


22 what time.


23 Q. And about how long was he with you?


24 A. Probably a half hour.


25 Q. Okay. And was that at the hospital you've




1 described in Mason City, Iowa?


2 A. Yes.


3 Q. After you had the angiogram on Wednesday --


4 excuse me, on Thursday --


5 A. Thursday.


6 Q. Was angioplasty or the balloon surgery or


7 opening recommended for you?


8 A. Well, they knew they had to do something, but


9 they didn't know what they were going to do.


10 Q. And on Friday did they determine what course


11 of care or procedure they were going to --


12 A. They were going to put a stent in.


13 Q. Okay. And when did they decide to do that?


14 A. The following Monday.


15 Q. Okay. And did you remain in the hospital


16 directly through the weekend of the 4th, 5th --


17 A. Yes.


18 Q. -- 6th, 7th, 8th?


19 A. Uh-huh.


20 Q. And did they, in fact, do the surgery on that


21 following Monday?


22 A. Yes.


23 Q. And then were you released from the hospital


24 on October 9th?


25 A. Yes.




1 MR. CORRELL: That's all the questions I


2 have. Mr. Wadding may have some for you.


3 COURT: Mr. Wadding?


4 MR. WADDING: Thank you.






7 Q. You indicated that your daughter is Delonna


8 Rokes?


9 A. Yes.


10 Q. Am I pronouncing that first name correctly?


11 A. Yes.


12 Q. She was there on the 3rd; is that correct?


13 A. Yes.


14 Q. And was she there prior to that?


15 A. No.


16 Q. Was she there on the 4th?


17 A. No.


18 Q. When was the next time that she was there?


19 A. She wasn't.


20 Q. When was the next time after the 3rd that she


21 was there?


22 A. She never was. Because I went -- I went home


23 then -- I had the surgery, and then I went home.


24 Q. You had surgery on the 7th, right?


25 A. Yes.




1 Q. Would that be the following Monday?


2 A. Uh-huh.


3 Q. Would be the 7th?


4 A. Yes.


5 Q. And you went home on that following


6 Wednesday?


7 A. Yes.


8 Q. And who took you home?


9 A. My husband.


10 Q. And you indicated that this problem with your


11 heart is a genetic problem, right?


12 A. Yes.


13 Q. And a pretty serious one, I take it?


14 A. Yes. They've been in my heart 13 times.


15 Q. Since 1990, right?


16 A. Yes.


17 Q. And is that something that's diagnosed or


18 identifiable through some kind of tests?


19 A. Well, the whole family has it. I have --


20 there's seven of us in the family.


21 Q. When you talk about seven of you --


22 A. Of brothers and sisters.


23 Q. Brothers and sisters?


24 A. Uh-huh.


25 Q. What about of your offspring?





1 A. My offspring are adopted, and so far they're


2 all right.


3 Q. And in October you lost two brothers; is that


4 correct?


5 A. Yes. Three weeks apart.


6 Q. Had you lost anybody before that?


7 A. I lost my sister earlier.


8 Q. How much earlier?


9 A. Probably ten years.


10 Q. And due to this heart condition?


11 A. Yes.


12 Q. And you had one brother that actually died on


13 October --


14 A. On the day that I was having -- the very hour


15 that I was having my procedure he died. Hospice was


16 taking care of him, and then the other brother was in


17 hospice.


18 Q. And the other brother died later?


19 A. He died three weeks later.


20 MR. WADDING: That's all I have. Thanks.


21 WITNESS: Okay.


22 COURT: Mr. Correll?


23 MR. CORRELL: I have nothing further.


24 COURT: Thank you.


25 MR. CORRELL: I don't intend to call her




1 again. Is she excluded from the courtroom now?


2 COURT: Any problem with that, Mr. Wadding?


3 MR. WADDING: No. I don't --


4 COURT: That's fine. She can remain here

updated 12/16/16