FRANCES OSTENDORF
CRIMINAL TRIAL DEPOSITION

See also: Frances Ostendorf Criminal Trial Testimony


Page 3

1 FRANCES OSTENDORF,

2 being produced, sworn a hereinafter certified and

3 examined on behalf of the State of Iowa, testified

4 as follows:

5 DIRECT EXAMINATION

6 BY MR. WADDING:

7 Q. Mrs. Ostendorf?

8 A. Yes.

9 Q. Am I pronouncing that correctly?

10 A. Right.

11 Q. My name is Kasey Wadding. I'm with the

12 Black Hawk County Attorney's Office.

13 A. Yes.

14 Q. As Mr. Correll indicated, I'm going to

15 be asking you some questions. You've been listed

16 as a witness by Mr. Rokes and Mr. Correll, so I'm

17 going to be asking you a few questions. Is that

18 all right?

19 A. Okay.

20 Q. If you don't understand my question,

21 whether it be you can't hear it properly or you

22 just don't understand the words I'm using, or if

23 It's a complicated question, just let me know and

24 I'll rephrase it. Okay?

25 A. Okay.

 

Page 4

1 Q. Where do you live, Mrs. Ostendorf?

2 A. My address is rural Daugherty.

3 Q. Daugherty?

4 A. Daugherty, yes.

5 Q. How do you spell that?

6 A. D-o-u-g-h-e-r-t-y.

7 Q. And how long have you lived there?

8 A. Since '69.

9 Q. And how old a person are you, ma'am?

10 A. I'm -- let's see. I'm going to be 68 in

11 June.

12 Q. 68 in June?

13 A. Uh-huh.

14 Q. Okay. And are you married?

15 A. Yes.

16 Q. And what's your husband's name?

17 A. Gene. G-e-n-e.

18 Q. Gene, did you say?

10 A. Yes.

20 Q. And do you have children?

21 A. Yes.

22 Q. How many children do you have?

23 A Two. A son and a daughter.

24 Q. Okay. And what are their names?

25 A. Steven and Delonna.

 

Page 5

1 Q. And Delonna would be Mr. Rokes' wife?

2 A. Yes.

3 Q. And were you notified or were you told

4 that you might be a witness in this case?

5 A. Yes.

6 Q. Okay. And do you know what your

7 testimony would consist of?

8 A. Yes.

9 Q. And what was that?

10 A. That I had been in the hospital.

11 Q. Okay. And what were you in the hospital

12 for?

13 A. A heart patient.

14 Q. Okay. And were was that at?

15 A. At Mason City.

16 Q. Okay. And what was the -- could you

17 tell me what your condition was at that time?

18 A. I was having chest pains.

19 Q. Okay. And how long had you been in

20 the -- I'm talking about October 4 of 1996.

21 A. Yes. I went to the hospital

22 September 30.

23 Q. Okay. And were you placed in the

24 hospital September 30?

25 A. Yes.

 

Page 6

1 Q. And how long did you stay there?

2 A. I got out the 9th of October.

3 Q. Okay. And what kind of treatment did

4 you receive?

5 A. The 3rd of October I had an angiogram.

6 Q. Okay.

7 A. And then I had angioplasty on the 7th.

8 Q. Okay.

9 A. And other than that, it was just bed

10 rest and monitored.

11 Q. Okay. What kind of monitoring was going

12 on?

13 A. I was on a -- they were monitoring my

14 heart.

15 Q. Okay. Is that the first time you had

16 ever been in the hospital for your heart?

17 A. No. I had four bypasses in '90, I had

18 three bypasses in '91, I've had six angioplasties,

19 and I've had one stint put in.

20 Q. And one what.

21 A. Stint.

22 Q. Oh. I'm not familiar with that. What

23 is that?

24 A. Well, It's a balloon with a metal stint

25 on it and they -- they blow up the balloon and the

 

Page 7

1 stint stays in the artery to keep it open.

2 Q. I see. And when did you have that done?

3 A. December 2.

4 Q. Of '96?

5 A. This year, yeah. Well, it's '96.

6 Q. And --

7 A. I have a -- we have a family history of

8 heart problems.

9 Q. Okay. So you had the stint put in in

10 December of '96; correct?

11 A. Yes.

12 Q. And prior to that you would have been in

13 the hospital on September 30, 1996?

14 A. Yes.

15 Q. Okay. You weren't in the hospital in

16 between September 30 and December, '96, were you?

17 A. No. I got out October 9. Then I went

18 back in again.

19 Q. Right.

20 A. Uh-huh.

21 Q. Okay. So from September 30, your next

22 hospital stay would have been in December.

23 A. Yes.

24 Q. Okay. Did you understand what I'm asking

25 there?

 

Page 8

1 A. Yes.

2 Q. Okay. And then prior to September of

3 '96 when did you -- when would have been the most

4 recent stay in the hospital or procedure?

5 A. Well, in September of '90 I had bypass.

6 Q. Okay.

7 A. And in October of '91 I had bypass.

8 Q. Okay. And in September of '90, was that

9 when you had the four bypasses?

10 A. Yes.

11 Q. And then did you say October of '91?

12 A. Yes. 13 months later I had three

13 bypasses.

14 Q. Three bypasses. Then your next stay in

15 the hospital would have been September of '96.

16 A. I think so.

17 Q. Okay. And you went in on September 20,

18 1996, because you were having chest pains?

19 A. Yes.

20 Q. And had you been diagnosed or were you

21 diagnosed as having heart attack or anything like

22 that?

23 A. No.

24 Q. Okay. What do they call that then when

25 you're having chest pains?

 

Page 9

1 A. Well, I failed my stress test. I wasn't

2 getting blood to one side of my heart.

3 Q. Okay.

4 A. So they had to go in and find out why.

5 Q. I see. Okay. And were you place in

6 intensive care or where were you placed?

7 A. Well, I was in intensive care when they

8 do the angioplasty, I'm in there for, you know --

9 until I was -- 'till they take the catheter out.

10 Q. And that would have been on the 7th of

11 October, '96?

12 A. Yes.

13 Q. Was that a yes?

14 A. Yes.

15 Q. Okay. And prior to that were you in

16 intensive care then?

17 A. No, not this time.

18 Q. Okay. So from September -- or from

19 October 7, 1996, to what was it, October 8 that you

20 were released?

21 A. October 9.

22 Q. Okay. 1996?

23 A. Yes.

24 Q. You were in intensive care.

25 A. Not all the time.

 

Page 10

1 Q. Okay. Just when you got the

2 angioplasty.

3 A. Yeah, just for maybe 30, 40 hours.

4 Q. Okay. And before that were would you

5 have been placed at?

6 A. Just in a room where they can watch -- I

7 was in a room where there's a nurse with me all the

8 time.

9 Q. Okay. And do you remember seeing

10 Mr. Rokes on October 4, 1996?

11 A. Yes.

12 Q. Had you seen him any time prior to that?

13 A. Yes. He stopped several times, cause he

14 was working in Mason.

15 Q. He was working in Mason City?

16 A. Yes.

17 Q. Okay. And he stopped you said several

18 times, you know, from the time that you had entered

19 the hospital?

20 A. Yes. Yes.

21 Q. Okay. And every day, would you say?

22 A. No.

23 Q. Pardon?

24 A. No.

25 Q. Not every day?

 

Page 11

1 A. No.

2 Q. Okay. Can you remember how many times

3 he did stop up 'til October 4? Do you remember?

4 A. Well, at least one or two times.

5 Q. Okay. And the second time being

6 October 4 or would that have been a third or fourth

7 time?

8 A. I'm not sure. I know he was there prior

9 to October 4 and he was there October 4 in the

10 afternoon.

11 Q. Okay. So you remember one visit prior

12 to October 4 --

13 A. Yes.

14 Q. -- and then the October 4 visit.

15 A. Yes.

16 Q. Okay. And how long did he visit you

17 when he visited you?

18 A. Oh, maybe a half hour.

19 Q. And had you seen your daughter up to

20 that point?

21 A. She was there the 3rd when I had my

22 angiogram.

23 Q. So she was there on October 3 --

24 A. Yes.

25 Q. -- 1996?

 

Page 12

1 A. Yes.

2 Q. And after that had you condition been

3 downgraded?

4 A. No. They were just puzzled. They

5 didn't know what to do with me. Because they had

6 been into my heart 13 times.

7 Q. Uh-huh.

8 A. And they just didn't know what to do

9 anymore.

10 Q. Uh-huh. So what was your prognosis at

11 that point?

12 A. I had blockage and they had to do

13 something.

14 Q. Okay. Well, what did they think was

15 going to happen to you?

16 A. Well, it -- the blockage was right next

17 to the aorta, and if they punctured the aorta, they

18 would lose me. So they really didn't -- they were

19 right -- quite concerned.

20 Q. Sure. Is that how you remember it

21 being, that the doctors were quite concerned?

22 A. Yes.

23 Q. Okay. They didn't give you any kind of

24 indication one way or the other your changes of

25 survival or --

 

Page 13

1 A. I wouldn't have survived if they had

2 ruptured it.

3 Q. Okay. But they didn't -- had they

4 talked to you at that time about the possible -- I

5 think you called it angioplasty?

6 A. Yes.

7 Q. You had the angiogram on the 3rd; right?

8 A. Yes.

9 Q. The angioplasty on the 7th?

10 A. Yes.

11 Q. On the 3rd did they talk to you about

12 the angioplasty?

13 A. Well, they were studying it. They

14 didn't know what to do.

15 Q. Had they talked to you about having that

16 procedure done?

17 A. Yes.

18 Q. They talked to you about the changes

19 that you would take?

20 A. Yes.

21 Q. And did they give you any kind of

22 estimate, I guess, of survival or your chances or

23 anything like that?

24 A. No. They just said they would do the

25 best they could.

 

Page 14

1 Q. Okay. So it was decided on the 3rd that

2 you were going to have angioplasy.

3 A. Yes.

4 Q. And was you daughter made aware of

5 that?

6 A. Yes.

7 Q. On the 3rd?

8 A. She was there when they did the

9 angiogram.

10 Q. She was there when --

11 A. When they did the angiogram, she was

12 there with my husband and talked to the doctors.

13 The doctors talked to her and my husband.

14 Q. Is that what you are being asked to

15 testify about, is your condition that day?

16 A. No. Just that I was in the hospital.

17 Q. Okay. Anything else?

18 A. No.

19 Q. And when did you find out about the

20 accident that Mr. Rokes had been involved in?

21 A. I think Sunday night.

22 Q. Okay. Sunday night being the 5th?

23 A. I imagine.

24 Q. You were still in the hospital, though.

25 A. Yes.

 

Page 15

1 Q. Okay. And you hadn't had the

2 angioplasty yet.

3 A. No.

4 Q. Okay. Now, what were you told about

5 that then?

6 A. I was just told that he was in an

7 accident.

8 Q. Okay. Did you know that there -- were

9 you told that there was a death involved?

10 A. Yes.

11 Q. Okay. So you were told--

12 A. Well, it came over the news. That's how

13 we heard it. But they didn't want to tell me 'til

14 afterwards.

15 Q. It came over the new.

16 A. Yes.

17 Q. And what news is that?

18 A. KGLO, Mason City.

19 Q. And is that when you first hear it?

20 A. Yes.

21 Q. Okay. And --

22 A. And then Tracy came up the next

23 morning. He came up Monday morning, October 7.

24 Q. And that was the day you had your

25 procedure?

 

Page 16

1 A. Yes.

2 Q. And you remember the news indicating

3 that Tracy Rokes had been involved in the accident?

4 A. Yes.

5 Q. And that's when you discussed the

6 accident with Tracy?

7 A. No. I didn't see Tracy 'til the next

8 morning.

9 Q. Okay. I'm sorry. The next morning when

10 he came up, is that when you discussed it with him?

11 A. Yes. Well, I had just come out of

12 angioplasty. I was quite drugged.

13 Q. Okay. So you didn't have -- did you

14 have a conversation with him about it or not?

15 A. Well, yeah.

16 Q. Okay. Do you remember what that was?

17 Do you remember what Mr. Rokes said?

18 A. No. He just let me know he was all

19 right.

20 Q. Okay. Is that about -- is that all he

21 said?

22 A. That's about it, yes.

23 Q. Do you remember any words in particular

24 that he said?

25 A. No.

 

Page 17

1 Q. Has he ever discussed this accident with

2 you since that time?

3 A. Not a lot.

4 Q. Okay. And when you say not a lot, what

5 do you mean?

6 A. Well, he just doesn't talk much about

7 it.

8 Q. Okay. And is the times that he has

9 talked to you about it, what has he said?

10 A. I can't recall.

11 Q. You don't recall anything that he said

12 about the accident.

13 A. No.

14 Q. Okay. You do recall that he has talked

15 to you about the accident, though.

16 A. Yeah, he mentioned -- he doesn't talk

17 I'm -- you know, we just mention it once in a

18 while. Like when the trial was going to be and

19 such.

20 Q. And nothing more than that, though, when

21 the trial is and that's about it.

22 A. Uh-huh.

23 Q. And have you ever discussed with anyone

24 the accident?

25 A. No.

 

Page 18

1 Q. Ever talked about it with your daughter?

2 A. Just about the trial -- you know, that

3 the trial is coming up and that.

4 Q. Okay. Did she ever talk about what

5 happened that night?

6 A. No.

7 Q. Your daughter's never told you what

8 happened that night?

9 A. No, not really.

10 Q. Well, when you say not really, what do

11 you mean?

12 A. Well, just that they were in an accident

13 and that the girls weren't with them -- you know

14 the kids weren't with them.

15 Q. Anything else?

16 A. No

17 MR. WADDING: I don't believe I have any

18 further questions for you, Mrs. Ostendorf. I

19 appreciate your time. Thank you.

20 THE WITNESS: Okay.

21 MR. CORRELL: Thank you. Good-bye.

updated 12/16/16