See also: Robert Anderson CFPD Report

ROBERT ANDERSON
CRIMINAL TRIAL


(Pages 137-166)

3 COURT: Mr. Wadding.

 

4 MR. WADDING: Thank you. The state would

5 call Officer Robert Anderson.

 

6 ROBERT BRUCE ANDERSON,

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

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

9 follows:

 

10 COURT: Please state your full name.

 

11 WITNESS: Robert Bruce Anderson,

 

12 A-N-D-E-R-S-O-N.

 

13 COURT: Thank you. Mr. Wadding?

 

14 DIRECT EXAMINATION

 

15 BY MR. WADDING:

 

16 Q. Mr. Anderson, what is your occupation?

 

17 A. I'm a police officer with the city of Cedar

18 Falls.

 

19 Q. How long have you been with -- a police

20 officer for Cedar Falls?

 

21 A. A little over three years now, sir.

 

22 Q. And is that the only law enforcement

23 experience that you have?

 

24 A. Last year I was a police dispatcher for the

25 city of Cedar Falls. Prior to that I was a Waterloo

 

138

 

1 reserve officer for three years.

 

2 Q. And are you certified through the Iowa Law

3 Enforcement Academy?

 

4 A. Yes, sir, I am.

 

5 Q. When did you receive your certification?

 

6 A. It would have been October of '92, I believe.

 

7 Q. And can you describe -- are you certified in

8 the areas of implied consent procedures?

 

9 A. Yes, sir, I am.

 

10 Q. And can you describe what you do for the

11 Cedar Falls Police Department?

 

12 A. I'm a patrol officer now on second shift,

13 sir.

 

14 Q. How long have you been on second shift?

 

15 A. Since -- this will -- working on my second

16 year now, sir.

 

17 Q. So on October 4th, 1996, you were working

18 second shift?

 

19 A. I'm not sure if I was on third there or not.

20 I know I was held over for -- if I wasn't on third, I was

21 held over, sir.

 

22 Q. You did have some involvement in that

23 accident that took place on Greenhill Road and Highway

24 58?

 

25 A. Yes, sir.

 

139

 

1 Q. And can you describe what your first

2 involvement in that accident was?

 

3 A. I was on routine patrol and heard Officer

4 Michaels that he was going to be following the ambulance

5 up to Sartori because of a possible intoxicated driver.

6 At that point I had contact with Captain Lashbrook, and I

7 was directed to go up to Sartori and assist.

 

8 Q. Why would you go up and assist?

 

9 A. I had more experience than Officer Michaels.

 

10 Q. And did you ever go out to the scene at all?

 

11 A. I was out to the scene later for traffic

12 control, and I was in the area when the vehicles were

13 towed.

 

14 Q. Okay. But you didn't have any contact with

15 any of the -- of the victims of the car accident at the

16 scene of the accident itself?

 

17 A. No, sir, I did not.

 

18 Q. And your contact with the scene would have

19 been subsequent to their transportation to the hospital?

 

20 A. That is correct, sir.

 

21 Q. And did you go then to Sartori Hospital?

 

22 A. Yes, sir, I did.

 

23 Q. And what did you do when you got there?

 

24 A. When I first got there, I made contact with

 

25 one of the workers at the emergency room desk.

 

140

 

1 Q. Okay. And when you were at the emergency

2 room desk, did you make any observation?

 

3 A. I noticed a strong odor of an alcoholic

4 beverage coming from somewhere in the area.

 

5 Q. Were you able to -- did you locate it at that

6 time?

 

7 A. At that time no, sir, I did not.

 

8 Q. And was it a generalized odor?

 

9 A. Yes, sir, it was.

 

10 Q. And what did you do then?

 

11 A. I believe I had contact with Officer

12 Michaels, and then we went into one of the treatment

13 rooms where Mr. Rokes and his wife were being treated.

 

14 Q. Did you ever locate that odor?

 

15 A. Yes, sir, I did.

 

16 Q. Where did you locate that at?

 

17 A. It was in the room where Mr. Rokes was at,

18 sir.

 

19 Q. Where was that located from the nurses' desk?

 

20 A. It would have been directly to -- I believe

21 it would have been the -- the north or just directly

22 across from the desk, sir.

 

23 Q. Okay. How many feet would that be do you

24 think?

 

25 A. I'd say approximately ten feet.

 

141

 

1 Q. Okay. Then did you then have contact with

2 the defendant?

 

3 A. Yes, sir, I did.

 

4 Q. And did you recognize him or know him?

 

5 A. No, sir, I did not.

 

6 Q. And could you describe what you -- could you

7 describe your first contact with him?

 

8 A. He was seated next to his wife. He would

9 have been on her right side, and I noticed abrasions on

10 his face. He was also holding -- there was either a

11 patch or he was holding gauze over his left eye.

 

12 Q. Did you make any observations about his other

13 eye?

 

14 A. His other eye was extremely watery and

15 bloodshot, sir.

 

16 Q. Did you make any other observations about his

17 person?

 

18 A. He -- just basically, I mean, sitting there

19 he seemed to be consoling his wife at the time. I just

20 noticed there was a real strong odor of an alcoholic

21 beverage coming from his person.

 

22 Q. And what did you do then?

 

23 A. At that point I asked Officer Michaels if he

24 had a PBT, a preliminary breath test unit, on him.

 

25 MR. WADDING: Well, I'm going to ask to

 

142

 

1 approach, Your Honor. May I approach the bench?

 

2 COURT: We can just do it -- make a record.

 

3 MR. WADDING: Okay. I just -- I failed to

4 speak to this witness about not mentioning a thing about

5 the results or anything about that, the nature of the

6 preliminary breath test.

 

7 COURT: Don't announce the results of any PBT

8 given.

 

9 WITNESS: No, sir.

 

10 Q. After that did you --

 

11 MR. WADDING: And my apologies to the court,

12 Your Honor.

 

13 COURT: That's fine.

 

14 Q. Did you perform any standard field sobriety

15 tests on him?

 

16 A. No, sir, I did not.

 

17 Q. And why not?

 

18 A. In my -- we normally do three standard

19 sobriety tests, one being -- the first one is the

 

20 horizontal gaze nystagmus. With him having one eye

21 covered, I didn't feel that was appropriate. Also with

22 the activity in the emergency room at that time and with

23 him being just in an accident, I didn't feel that the

24 tests should be performed.

 

25 Q. And so you made that call not to perform any

 

143

 

1 field sobriety tests?

 

2 A. That is correct, sir.

 

3 Q. And did you eventually request a blood test

4 from the defendant?

 

5 A. Yes, sir, I did.

 

6 Q. And could you describe to me what you do when

7 you request a blood test?

 

8 A. I didn't have Mr. Rokes' license available,

9 so I asked him for the information, and I filled out the

10 parts that are required on the form, and I documented the

11 time, and I asked Mr. Rokes if he would consent to a

12 blood test.

 

13 Q. And what was Mr. Rokes' response?

 

14 A. He checked the consent box and signed the

15 form in the proper spot.

 

16 MR. WADDING: May I approach, Your Honor?

 

17 COURT: You may.

 

18 Q. I show you what's been marked as State's

19 Exhibit "B", marked for identification, ask you if you

20 recognize that?

 

21 A. Yes, sir. This is a standard Iowa Department

22 of Transportation form for implied consent, and it's got

23 my signature on it. It also has Mr. Rokes' signature and

24 the consent box had been checked.

 

25 Q. Now, is that a photocopy of the implied

 

144

 

1 consent form?

 

2 A. Yes, sir, it is.

 

3 Q. And that is a -- the written request asking

4 for a blood sample?

 

5 A. That is correct, sir.

 

6 Q. And indicating Mr. Rokes' consent as well?

 

7 A. Yes, sir.

 

8 MR. WADDING: At this time, Your Honor, I

9 would ask that State's Exhibit "B" be entered into

10 evidence.

 

11 MR. CORRELL: No objection.

 

12 COURT: "B" is admitted.

 

13 Q. Now, after you went through the implied

14 consent procedures with the defendant, then what did you

15 do?

 

16 A. After going through the implied consent, I

17 had brief contact with Mrs. Farrell and --

 

18 Q. Where was she located at?

 

19 A. She was in another trauma treatment room,

20 sir.

 

21 Q. And can you -- why did you have contact with

22 her?

 

23 A. I was going to also see if I could get a

 

24 preliminary test from her, sir.

 

25 Q. Okay. And did you have any reason at that

 

145

 

1 time to believe that she had been drinking alcoholic

2 beverages or anything like that?

 

3 A. No, sir, I did not.

 

4 Q. And was that a common inquiry to make on an

5 accident investigation case?

 

6 A. Yes, sir, it is.

 

7 Q. Okay. And did you ever have any information

8 prior to leaving that emergency room that Juli Farrell

9 had been drinking?

 

10 A. No, sir, I did not. I spoke with the

11 emergency room physician, I believe it was Dr.

12 Robitaille, and he said there were no indications.

 

13 Q. And did you have -- after you did the implied

14 consent with the defendant, were you present when blood

15 was actually withdrawn from the defendant?

 

16 A. No, sir, I was not.

 

17 Q. And why not?

 

18 A. Activity was picking up on the street. And I

19 was requested by the shift supervisor, Captain Lashbrook,

20 to return to the street.

 

21 Q. And who did you leave the defendant with

22 then?

 

23 A. Officer Rob Michaels.

 

24 Q. Do you remember, when you went back to Ms.

25 Farrell, what was she -- how would you describe what she

 

146

1 was like?

 

2 A. I had talked to, I don't recall who, and

3 asked if I could go back and request a breath test from

4 her. I was told I could go back and check. As I entered

5 the trauma room, there was a lot of activity around her.

6 She was in a lot of pain. I could -- I mean, there was a

7 lot of --

 

8 Q. How could you tell she was in pain?

 

9 A. She was screaming, sir. And --

 

10 Q. Do you remember anything that she was saying?

 

11 A. I just recall her saying it hurt and several

12 things like that. I know there was a lot of commotion

13 going on in the room. I remember some tubes being hooked

14 to her, and I didn't feel that this was the appropriate

15 time for me to go in and try to establish anything.

 

16 Q. Was it some time after that that you got

17 called back out to the street?

 

18 A. That is correct, sir.

 

19 Q. Did there ever come a time where you went out

20 to this -- the location of the scene after it had been

21 all cleaned up and things of that nature?

 

22 A. Yes, sir. The following day I went out, and

23 I did a check on the traffic lights.

 

24 Q. Okay. And what were you checking on the

25 traffic lights?

 

147

 

1 A. I was checking to see if -- at what time they

2 sequenced from a normal operating to a flashing light

3 type stage.

 

4 Q. And why did you do that?

 

5 A. There was a question on whether at the time

6 of the accident if Mr. Rokes had a green light or a red

7 light or what the condition of the lights were.

 

8 Q. And do you know where the source of that

9 question came from?

 

10 A. No, sir.

 

11 Q. Okay. The -- what did you observe when you

12 were out there checking the sequence of the lights?

 

13 A. I believe I got out there just prior to

14 10 o'clock p.m., and I positioned myself so I could

15 observe the intersection. I believe it was 10:01 p.m.

16 that the lights cycled through so that the lights for

17 Greenhill Road, which is east/westbound, went to a

18 flashing red, and the lights for Highway 58, which would

19 be north/south, went to a flashing yellow.

 

20 Q. And was that your understanding about the

21 time they're supposed to do that?

 

22 A. Yes, sir. I'd also spoke with Mr. Laverne

23 Junker who does our traffic signals, and he -- prior to

24 my going out there, and he advised me of what the

25 sequence should be.

 

148

 

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

2 have. Thank you.

 

3 COURT: Mr. Correll?

 

4 MR. CORRELL: Thank you.

 

5 CROSS-EXAMINATION

 

6 BY MR. CORRELL:

 

7 Q. Mr. Anderson, do you recall, sir, where you

8 were at the time you got your dispatch? Your location?

 

9 A. When I spoke to Captain Lashbrook on the

10 radio, I was at University and Walnut, sir.

 

11 Q. And did you receive that dispatch at

12 approximately 11:01?

 

13 A. On that I'm not sure what time I was sent up,

14 probably around pretty close to it, sir.

 

15 Q. And when you got there, was the ambulance

16 there? Had the ambulance arrived with the people who had

17 been hurt in the accident?

 

18 A. I believe everyone that had been transported

19 was already there prior to my arrival.

 

20 Q. Okay. And if the -- the records that I've

21 reviewed would indicate that the ambulance arrived at

22 11:25, would that be -- would you have any reason to

23 think I'm wrong in my understanding?

 

24 A. I know that at the time that I arrived at the

 

25 hospital, everyone that was transported to Sartori was

 

149

 

1 already there.

 

2 Q. And if -- do you have any disagreement with

3 an arrival time for the ambulances at 11:25?

 

4 A. I have no idea, sir. I know that they were

5 there before I was.

 

6 Q. And the Exhibit "B", does that have a time on

7 it?

 

8 A. Yes, sir. It has two times on it.

 

9 Q. And what's the -- what are those times?

 

10 A. I believe, from what I can tell on the

11 photocopy, it looks like 23:43, sir. That would have

12 been the time of request.

 

13 Q. And that would be what? 11:43?

 

14 A. Yes, sir.

 

15 Q. And is -- was that filled out in your

16 handwriting?

 

17 A. Yes, sir, it was.

 

18 Q. And you probably have some watch or something

19 that is synchronized, so you're confident that's a valid

20 time; would that be correct?

 

21 A. Yes, sir, approximately, yes, sir.

 

22 Q. And after you got there and -- or at the time

23 you went in to see him, Mr. Rokes had received some

24 attention from a nurse, hadn't he?

 

25 A. I believe so, sir, but I can't swear to it.

 

150

 

1 I don't know where the patch or the bandage would have

2 come from.

 

3 Q. Did you, in your report, not indicate, "Mr.

4 Rokes appeared aware of what was going on and didn't have

5 any problems answering the questions the nurse was

6 asking?"

 

7 A. That is correct, sir.

 

8 Q. And so when you say that Mr. Rokes was aware

9 and didn't have any problems answering the questions the

10 nurse was asking, you would have obviously been there to

11 hear her questions and his answers, would you not?

 

12 A. Yes, sir, I would have been.

 

13 Q. And was that in that little room that we --

14 that you just described where he and his wife were in

15 there?

 

16 A. Yes, sir.

 

17 Q. And that would have been before the

18 preliminary -- excuse me, before the implied consent was

19 requested; isn't that correct?

 

20 A. That is correct, sir.

 

21 Q. Did you log off from the hospital?

 

22 A. I believe I probably went ten eight -- or

23 back in service from there, yes, sir.

 

24 Q. And do you know what time it was that you

 

25 logged off?

 

151

 

1 A. No, sir, I do not.

 

2 Q. Would it have been relatively shortly after

3 10 -- or, excuse me, 11:43?

 

4 A. Yes, sir.

 

5 Q. Within five minutes of 11:43?

 

6 A. Without looking at the computer logs, I

7 cannot tell you that, sir.

 

8 Q. Would it be -- I'm not asking you exactly,

9 but would it have been within approximately five minutes

10 of 11:43?

 

11 A. Honestly, sir, I have no idea.

 

12 Q. So some time between -- after 11:25 but

13 before 11:43 there was no indication that Mr. Rokes had

14 any difficulty answering the questions the nurse was

15 asking; am I correct in that?

 

16 A. That is correct, sir.

 

17 Q. And didn't you also indicate that Rokes did

18 not seem to be disoriented?

 

19 A. There was a reason for me writing that into

20 my report, sir.

 

21 A. Well, let me -- I asked you, did you write

22 that into your report?

 

23 A. Yes, sir, I did.

 

24 Q. And do you understand the term disoriented?

 

25 A. Yes, sir, I do.

152

 

1 Q. And that means -- did you understand that

2 term when you -- when you used it?

 

3 A. Yes, sir. I'd like to explain why that was

4 put in there though.

 

5 Q. But let me ask my questions. When you said

6 Rokes did not seem to be disoriented, was that a truthful

7 statement?

 

8 A. In the context that it was written, yes, sir.

 

9 Q. And he -- you also went on to answer -- say,

10 "and he answered all my questions without hesitation."

 

11 A. That is correct, sir.

 

12 Q. And isn't -- isn't that, in fact, what

13 happened, sir, that he answered all your questions

14 without hesitation?

 

15 A. They were -- it was written in there because

16 of the conversation I had with Officer Michaels later on

17 in the evening, sir.

 

18 MR. CORRELL: Excuse me. I would move that

19 be stricken. It is not responsive to my question.

 

20 COURT: Sustained. Please just answer the

21 question that's posed to you.

 

22 WITNESS: Yes, sir.

 

23 Q. You're responsible for your report, aren't

24 you?

 

25 A. That is correct.

153

 

1 Q. And isn't it accurate to say when you had

2 that report written and signed that it was your statement

3 that Mr. Rokes was not disoriented and he answered the

4 questions without hesitation?

 

5 A. That is correct, sir.

 

6 Q. And that's what you believed, is it not?

 

7 A. Yes, sir.

 

8 Q. And that's what you believed when you left

9 that room at some time after 11:43?

 

10 A. I believe that he was able to answer my

11 questions, yes, sir.

 

12 Q. Well, you went -- you went more than that,

13 you said not disoriented, didn't you?

 

14 A. That is correct, sir.

 

15 Q. And that was to you, when you're saying that,

16 you're saying, "did not seem disoriented and answered all

17 my questions without hesitation," those -- isn't that

18 exactly how your report reads?

 

19 A. Yes, sir, that's how it reads.

 

20 Q. And that was accurate when you wrote it,

21 wasn't it?

 

22 A. Yes, sir.

 

23 Q. And then it wasn't just you, it was also the

24 same type of responsiveness that he displayed to the

25 nurse; isn't that a fair statement?

 

154

 

1 A. Yes, sir.

 

2 Q. With regard to the tests, there are other

3 tests besides the nystagmus that -- such as the alphabet

4 test. Do you use that sometimes?

 

5 A. I have not been trained in the alphabet test.

6 I haven't used it.

 

7 Q. Do you know what the alphabet test is?

 

8 A. I know what it is, yes, sir.

 

9 Q. What is it?

 

10 A. I've heard it given several different ways.

11 You can ask the person to recite the alphabet. You can

12 give them a letter, have them recite a certain amount of

13 the alphabet. You can have them recite the alphabet

14 backwards.

 

15 Q. And Mr. Rokes was not asked by you nor anyone

16 in your presence to do that test?

 

17 A. No, sir.

 

18 Q. And with respect to the -- is there a test --

19 is there not a test where a person is asked to take their

20 hand and touch their nose, the tip of their nose?

 

21 A. I've heard of that test. There again, I have

22 not been trained in that test.

 

23 Q. Was he asked to take that test?

 

24 A. No, sir, he was not.

 

25 Q. Is there not a questionnaire that the Cedar

 

155

 

1 Falls Police Department has that is used when a person --

2 there's a suspicion of a person being drinking and

3 driving?

 

4 A. We have a form that's used after a person has

5 been placed under arrest and Miranda has been read.

 

6 Q. And at no point in time was Mr. Rokes asked

7 when he last slept, was he?

 

8 A. No, sir.

 

9 Q. And he wasn't asked when he last ate?

 

10 A. No, sir.

 

11 Q. He wasn't asked by you where he had been;

12 isn't that correct?

 

13 A. Yes, sir.

 

14 Q. I'm correct?

 

15 A. I believe so, yes, sir.

 

16 Q. And he wasn't asked whether -- how many beers

17 or alcohol drinks he consumed, he was not asked that by

18 you, was he?

 

19 A. No, sir.

 

20 Q. And he wasn't asked when he consumed the last

21 of those?

 

22 A. No, sir, he was not.

 

23 Q. In -- at that point in time, when you were

24 there, did he not also indicate that they had had some

25 problems with his wife's mother? Did you hear that?

 

156

 

1 A. Yes, sir.

 

2 Q. Did you hear that from him?

 

3 A. I believe he made a statement, from what I've

4 remembered him saying, was he wasn't sure what had

5 happened, he had been consoling his wife at the time.

 

6 Q. And he would have told you that again at some

7 time in that time frame after 11:25 but before 10:43?

 

8 A. After 11:45 p.m.?

 

9 Q. 11:25.

 

10 A. And 10:43?

 

11 Q. Yes. 11:43, excuse me.

 

12 A. Yes, sir. It would have been sometime in

13 that time frame.

 

14 Q. And did he specifically indicate to you that

15 his wife's mother had been hospitalized and she was upset

16 and crying?

 

17 MR. WADDING: I'm going to object to that,

 

18 Your Honor. I would object to the form of the question,

19 and it also calls for hearsay.

 

20 COURT: Overruled. You may answer.

 

21 A. I didn't find anything out about that until

22 later on, I believe the next day or so.

 

23 Q. Okay. It is fair to say, is it not, Mr.

24 Anderson, though, that he told you that he was consoling

25 his wife who was upset immediately prior to the accident?

 

157

 

1 MR. WADDING: Object to that, Your Honor, as

2 asked and answered.

 

3 COURT: Overruled.

 

4 A. I know he was consoling his wife. Like I

5 say, I don't know what reason.

 

6 Q. In your report, referring to your report,

7 doesn't it say his wife's mother was in the hospital?

 

8 A. Can you -- or do you have a copy?

 

9 Q. I reviewed it. I believe it's in your report

10 there.

 

11 A. Yes, sir, that's what it says.

 

12 Q. And it's true at no point in time did he

13 refuse to answer your questions? Isn't that a fact?

 

14 A. Yes, sir.

 

15 Q. And he at no point in time said, I want to

16 call a lawyer or consult with a lawyer; isn't that also

17 correct?

 

18 A. That is correct, sir.

 

19 Q. And would you have left the hospital shortly

20 after the implied consent form was signed?

 

21 A. There again, I'd have to refer to the

22 dispatch log, sir.

 

23 Q. Have you ever done that?

 

24 A. Referred to the dispatch log?

 

25 Q. (Nodding.)

 

158

 

1 A. No, sir.

 

2 Q. And he was never requested to go down to the

3 Cedar Falls Police Department and use -- to be

4 videotaped, tape recorded or go through the breath test;

5 is that a fair statement?

 

6 A. Not by myself, sir, no.

 

7 Q. With regard to the vehicles, did you ever

8 examine the vehicles yourself, sir?

 

9 A. I saw the vehicles. I didn't examine them.

 

10 Q. And where were the vehicles when you saw

11 them?

 

12 A. I saw them at the scene, sir.

 

13 Q. Did you go back after you left the hospital

14 and go out to the scene before they had been removed?

 

15 A. Yes, sir. I had been sent to the

 

16 intersection of Greenhill and Hudson for awhile to block

17 off traffic there, and then I was told to bring my

18 vehicle down to the intersection where the accident was,

19 and the vehicles were still there.

 

20 Q. And so you would have seen both vehicles

21 prior to their being towed away from the scene, correct?

 

22 A. That is correct, sir.

 

23 Q. And did you examine the Rokes vehicle by

24 looking in the windows of it?

 

25 A. No, sir, I did not.

 

159

 

1 Q. Do you know, did the Rokes vehicle, did it

2 have any seat belts in it?

 

3 A. I don't recall if it did.

 

4 Q. Do you recall, did it have any of those air

5 bag types or restraints in it or not?

 

6 A. I think it might have, yes, sir.

 

7 Q. Were they in -- do you have any recollection,

8 were they in a deployed position or not, the air bags?

 

9 A. I believe the air bags were deployed. I

10 think that's why I noticed them.

 

11 Q. And did you see any indication in that

12 vehicle that there was any alcohol containers, partially

13 full or empty or full in the Rokes vehicle?

 

14 A. I did not look into the interior of the

15 vehicle, sir.

 

16 Q. In your general looking though, I assume you

17 found nothing of what would have been evidentiary value

18 regarding the consumption of alcohol when you went back

19 to the scene; am I correct in that, sir?

 

20 A. I didn't investigate inside the vehicle. I

21 cannot answer that.

 

22 Q. But there was nothing lying around where it

23 looked like somebody threw a container out or anything

24 such as that?

 

25 A. I did not see anything on the ground, no,

 

160

1 sir.

 

2 Q. Did you interview any witnesses in this case?

 

3 A. The only -- not to the accident itself, sir,

4 no.

 

5 Q. With regard to the next day, you went back

6 out in that general area of that scene; am I correct in

7 that?

 

8 A. That is correct, sir.

 

9 Q. Did you -- could you turn around and look at

10 Exhibit "A" and see if you -- have you got -- can you

11 orient yourself there to which one is Greenhill and which

12 one is Highway 58?

 

13 A. Yes, sir. This would be Greenhill Road there

14 with Highway 58 running this way, if they've got the

15 north in the proper position.

 

16 Q. And over in the right-hand portion of that

17 Exhibit "A", do you see the intersection of South Main

18 and Greenhill Road?

 

19 A. Yes, sir, I do.

 

20 Q. Are you familiar with that intersection from

21 your police responsibilities?

 

22 A. Yes, sir, I am.

 

23 Q. And does that have a control light on it as

24 well?

 

25 A. It has a -- it's a controlled intersection,

 

161

 

1 yes, sir, traffic light.

 

2 Q. And on that intersection, that has a

3 different time, does it not, when that goes from -- from

4 the regular flashing to the solid green and red balls?

 

5 A. I'm not sure how -- how that intersection is

6 set up. I know when I observed the intersection here, I

7 did not see that one change sequence.

 

8 Q. Okay. So from that, did you conclude that

9 the Greenhill and 58 goes to flashing but the Greenhill

10 and South Main does not go to flashing at the same time?

 

11 A. Yes, sir.

 

12 Q. And as part of your investigation, did you

13 conclude that this intersection here, the South Main

14 intersection, has a light that goes to flashing an hour

15 later or at approximately 11 o'clock?

 

16 A. I had no idea at what time that changes

17 sequence, sir. I did not speak to Mr. Junker about that.

 

18 Q. Do you know that it does go -- from your

19 experience as a police officer, do you believe that it

20 does go to a flashing sequence at any point in time?

 

21 A. Not honestly, sir, I couldn't answer you

22 that.

 

23 Q. Okay. The -- the distance, that has been

24 described as approximately three-tenths of a mile from

25 the intersection of South Main to Highway 58; would you

 

162

 

1 agree with that?

 

2 A. Yes, sir.

 

3 Q. And do you know what the speed limits to

4 there are?

 

5 A. Speed limit on Greenhill is posted 45 miles-

6 per-hour, sir.

 

7 Q. And is it 55 miles-per-hour on Highway 58?

 

8 A. That is correct, sir.

 

9 Q. And on Highway 58, as you proceed out of

10 Cedar Falls from the north to the south, is it not

11 correct at approximately 670 feet to the north of that

12 intersection there are signs, there are caution signs

13 that warn or alert people of upcoming electric flash

14 traffic signals?

 

15 A. That I don't recall. I don't recall warning

16 signs.

 

17 Q. Have you investigated other motor vehicle

18 accidents out at that intersections?

 

19 A. Yes, sir. I've been, I believe, on one other

20 accident that was out there.

 

21 Q. Would you agree that that is the only

22 intersection in the city of Cedar Falls where there's a

23 45 and a 55 mile-an-hour roadways that cross and are

24 controlled by a flashing traffic signal to the best of

25 your knowledge?

 

163

 

1 A. To the best of my knowledge, yes, sir.

 

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

3 have, sir.

 

4 COURT: Mr. Wadding?

 

5 REDIRECT EXAMINATION

 

6 BY MR. WADDING:

 

7 Q. Did you get -- you indicated that the

8 defendant stated that he was distracted because of his

9 wife's mother being in the hospital; is that correct?

 

10 A. Yes, sir.

 

11 Q. And did you get the -- was there any kind of

12 understanding on your part that they were going to the

13 hospital to see the mother?

 

14 A. No, sir.

 

15 Q. Was there any understanding on your part that

16 they had just received that news?

 

17 A. No, sir.

 

18 Q. Ever indicate to you that he was in a hurry

19 to go see his wife's mother?

 

20 A. No, sir.

 

21 Q. You indicated that you've been a police

22 officer for Cedar Falls for about three years?

 

23 A. That's correct, sir.

 

24 Q. How many times do you think you've given the

25 implied consent?

 

164

 

1 A. Probably more than a hundred.

 

2 Q. Now, when you talk about the implied consent

3 form, and which type of cases do you -- do you go through

4 the implied consent?

 

5 A. Any OWI cases or --

 

6 Q. In a case where you believe that somebody

7 might be impaired?

 

8 A. Yes, sir, that's correct.

 

9 Q. By alcohol or drugs?

 

10 A. Yes, sir, that's correct.

 

11 Q. And is it something that you are required to

12 read?

 

13 A. Yes, sir. The state requires it.

 

14 Q. You have to read this to these individuals

15 that you believe are intoxicated or impaired?

 

16 A. That is correct, sir.

 

17 Q. And is it then, when you get done reading it

18 to them, do have you to ask them, will you consent to

19 give a chemical sample?

 

20 A. Yes, sir, I do.

 

21 Q. That's essentially what implied consent

22 procedures are; is that right?

 

23 A. That's correct, sir.

 

24 Q. And people generally respond to you, don't

25 they?

 

165

 

1 A. Yes, sir.

 

2 Q. They either tell you, yes, I'll give you a

3 test, or, no, I won't?

 

4 A. That is correct, sir.

 

5 Q. Fair to say that?

 

6 A. Yes, sir.

 

7 Q. The greater majority?

 

8 A. Yes, sir.

 

9 Q. And in those instances where you've given the

10 implied consent and you've read it to them and they

11 understood it and either consented or refused to give you

12 the test, did they appear to understand what you're

13 reading?

 

14 MR. CORRELL: Excuse me, Your Honor. I'm

15 going to object to that. Other people is irrelevant to

16 this case.

 

17 COURT: Overruled. You may answer.

 

18 A. Yes, sir, they do.

 

19 Q. So was it unusual in this instance when

20 you're seeing some -- well, would you agree with me, did

21 you see any signs indicative of intoxication on the

22 defendant?

 

23 A. Yes, sir, I did.

 

24 Q. And did you consider it unusual that he

25 understood the implied consent procedures?

 

166

 

1 A. No, sir, I did not.

 

2 Q. Even in light of the signs of intoxication

3 that you're observing?

 

4 A. That is correct, sir.

 

5 Q. Do you know what the speed limit is at

6 Ridgeway and Highway 58 intersection?

 

7 A. Yes, sir. That would be another intersection

8 where it's 45 and 55, sir.

 

9 Q. What about Viking Road and 58?

 

10 A. Viking Road, I'm not quite sure what the

11 speed limit is coming through the industrial park, and

12 then it turns into gravel. I don't know how they've got

13 it marked. I know it's 55 for Highway 58.

 

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

15 have. Thank you.

 

16 COURT: Mr. Correll?

 

17 MR. CORRELL: No questions.

 

18 COURT: Thank you. Mr. Wadding?

 

19 MR. WADDING: May I just have a moment?

 

20 COURT: Sure.

 

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

updated 12/22/16