(Pages 408-437)


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.

24 MR. WADDING: Call Robert Kramer.





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

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

4 follows:

5 COURT: If you would, please state your full

6 name.

7 WITNESS: Robert Kramer. That's with a K.

8 COURT: Thank you. Mr. Wadding?

9 MR. WADDING: Thank you.



12 Q. Would you state your occupation?

13 A. I'm a police officer for the city of Cedar

14 Falls.

15 Q. And how long have you been a police officer

16 with the city of Cedar Falls?

17 A. Twenty-two years.

18 Q. And could you describe what your current

19 duties are with the Cedar Falls Police Department?

20 A. Yes. I'm the crime lab officer, and by that

21 I mean I'm in charge of crime scene investigations,

22 accident investigations. I document and collect evidence

23 at crime scenes and accident scenes, also conduct

24 photography for the police department, and I'm the

25 fingerprint examiner and marijuana technician.



1 Q. And how long have you held that position?

2 A. Seventeen years.

3 Q. And were you requested, or did you obtain the

4 blood sample of a Tracy Rokes from Sartori Hospital?

5 A. I did.

6 Q. Okay. Do you recall when that was?

7 A. I believe that was on October 16th.

8 Q. Okay. And I refer you to State's Exhibit "D"

9 that's set in front of you. Does that look familiar to

10 you?

11 A. Yes, it does.

12 Q. Okay. What -- what would you identify that

13 as?

14 A. This would be the box in which blood samples

15 of Mr. Rokes are contained, and this would be the box and

16 the blood sample that I obtained from Sartori Hospital

17 from Mr. Mowery.

18 Q. And did you -- once you obtained that blood

19 sample or that kit or whatever you want to call it, what

20 did you do with it?

21 A. I brought it back to the police station back

22 to my office. I drew up the evidence tag that's still

23 attached to it, sealed it with evidence tape, and I

24 believe it was the next day that I took it to the DCI lab

25 in Des Moines.



1 Q. And would you have been responsible for

2 taking it to the DCI lab in Des Moines?

3 A. Yes. I took it personally.

4 Q. And would you have hand-delivered that

5 yourself?

6 A. Yes.

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

8 COURT: You may.

9 Q. I'm going to show you what's been marked as

10 State's Exhibit "H", marked for identification, ask you

11 if you recognize that?

12 A. I do.

13 Q. And what is that -- what is it?

14 A. This is a copy of a DCI, Division of Criminal

15 Investigation crime lab report that I received back from

16 the lab.

17 Q. Okay. And is that in reference to the

18 analysis of the blood sample on -- in this instance?

19 A. Yes.

20 Q. And is there -- first of all, does it

21 identify that you delivered that blood sample to the DCI?

22 A. Yes.

23 Q. And when would you have done that?

24 A. On October 17th at 9:15 a.m.

25 Q. And does it identify who you would have



1 delivered it to?

2 A. Yes.

3 Q. And who was that?

4 A. Bev Schmeling, S-C-H-M-E-L-I-N-G.

5 Q. And does it also identify who analyzed the

6 sample?

7 A. Yes.

8 Q. And who was that?

9 A. Calvin Rayburn, R-A-Y-B-U-R-N.

10 Q. Are you familiar with him?

11 A. Yes. He is a criminalist with the DCI. I've

12 known him for years.

13 Q. And is this the type of report that you would

14 receive back normally sending a sample to the DCI for

15 analysis?

16 A. Yes.

17 MR. WADDING: The state would request that

18 State's Exhibit "H", marked for identification, be

19 entered into evidence, Your Honor.

20 COURT: Any objection, Mr. Correll?

21 MR. CORRELL: Yes, Your Honor. Exhibit "H"

22 is not a document that was generated by this individual.

23 He cannot lay the foundation appropriate for the

24 introduction. This is a document that is generated,

25 produced by the BCI, and it is premature to attempt to



1 introduce this exhibit through this witness.

2 COURT: Mr. Wadding?

3 MR. WADDING: Your Honor, I believe that the

4 document is subject to exceptions under Iowa Code Section

5 691.2, presumption of qualification and evidence

6 testimony, that the -- Officer Kramer is appropriate in

7 laying the foundation for transporting the blood sample

8 and receiving the document from the DCI laboratory, that

9 no request that I'm aware of was made for the presence of

10 the chemist in this instance and would ask that it be

11 admitted pursuant to Iowa Code Section 691.

12 COURT: How do you respond to that, Mr.

13 Correll?

14 MR. CORRELL: They still have to lay a chain

15 of custody, which would include a multitude of people

16 including Bev Schmeling who handled and receipted the

17 specimen in Des Moines.

18 COURT: The objection is overruled, and --

19 well, maybe I should take a look at "H" first.

20 (Complied.) The objection is overruled, and "H" is

21 admitted.

22 Q. Did there come a point in time when you also

23 retrieved the remaining blood sample?

24 A. From the DCI lab, yes.

25 Q. Okay. And do you normally do that?



1 A. Yes.

2 Q. Okay. And -- and in instances where there is

3 a blood sample taken and you send it to the DCI, would

4 you also later retrieve it from the DCI?

5 A. Yes.

6 Q. And did you do so in this instance?

7 A. Yes.

8 Q. And was there any other reason -- what did

9 you do with it after you retrieved it?

10 A. Brought it back to Cedar Falls, and I locked

11 it in the evidence locker in the refrigerator, which is

12 part of my office.

13 Q. And when -- do you recall when you did that?

14 A. November 5th, 1996.

15 Q. And when did you next handle it or have any

16 contact with it after November 5th, 1996?

17 A. Two days ago, the day before yesterday.

18 Q. And why was that?

19 A. You came over to the office and asked to

20 inspect some of the exhibits that I was preparing and

21 getting ready for trial, and that was one of the exhibits

22 that we looked at.

23 Q. And when did you handle it after that?

24 A. I put it right back in the evidentiary

25 refrigerator, locked it and then brought it over here



1 yesterday at approximately 3 p.m. and gave it to you.

2 Q. And had there been any requests made to have

3 that -- or obtain that blood sample between November 5th,

4 1996, and, I guess, the day before yesterday?

5 A. I was aware that there was a request possibly

6 pending, but there was no direct request made to me to

7 have the blood or the sample analyzed again.

8 Q. Okay. And was there another reason -- let's

9 say that there was a request pending, what did you

10 understand that to mean?

11 A. I was on the understanding that the defense

12 was possibly going to have the blood analyzed.

13 Q. Okay. And was there ever any other request

14 made for you to produce that blood sample except the

15 involvement with me?

16 A. No.

17 Q. Now, did you also have any involvement in the

18 intersection concerning -- the intersection concerning

19 this accident?

20 A. Not on that evening, but later I did, yes.

21 Q. And what did you do later?

22 A. I was asked to videotape the accident scene.

23 Q. Okay. And from what perspective, do you

24 recall?

25 A. I was asked to videotape all four approaches


1 to the intersection, north, south, east and westbound in

2 a vehicle at the posted speed limit speeds.

3 Q. And did you do that?

4 A. Yes, I did.

5 Q. I'm just going to show you what's been marked

6 as State's Exhibit "I", marked for identification, and

7 ask you, did you review that prior to your testimony

8 today?

9 A. Yes.

10 Q. And do you recall when you did that?

11 A. It was either yesterday or the day before.

12 Q. Okay. And was it accurate as you recall when

13 you did -- when you first took the video?

14 A. Yes.

15 Q. Okay. And --

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

17 would ask that State's Exhibit "I" be entered into

18 evidence.

19 COURT: Mr. Correll?

20 MR. CORRELL: May I voir dire the witness?

21 COURT: You may.

22 MR. CORRELL: Is there any audio, commentary

23 made on that tape by you?

24 WITNESS: No. I purposely turned the audio

25 off.




1 MR. CORRELL: Do you indicate at any point

2 how far back you are from the respective intersections

3 when you are starting to run the video?

4 WITNESS: Not by feet, but by observing

5 landmarks and other traffic lights prior to the

6 intersections, one would be aware of where I'm beginning.

7 MR. CORRELL: But there's nothing there that

8 says, I'm now a thousand feet from the intersection

9 heading south?

10 WITNESS: No, there's no audio.

11 MR. CORRELL: When was this video taken?

12 WITNESS: February 4th, 1997 -- I'm sorry.

13 It was February 6th.

14 MR. CORRELL: How long is the video?

15 WITNESS: Less than ten minutes.

16 MR. CORRELL: What time of day did you take

17 the video?

18 WITNESS: About 10:05 p.m. I started.

19 MR. CORRELL: You started on February 6th?

20 WITNESS: Yes.

21 MR. CORRELL: Did you -- do you know Mr.

22 Baskerville?

23 WITNESS: Yes.

24 MR. CORRELL: Did you know that he was

25 involved in an accident reconstruction that he completed



1 on February 9th?

2 WITNESS: Not until today I didn't know he

3 was involved.

4 MR. CORRELL: Do you know what the speeds are

5 that he calculated for the respective vehicles?


7 MR. WADDING: I guess I'd object. I don't

8 know what this has to do with the foundation of the entry

9 of the exhibit.

10 COURT: Overruled. The answer is in.


12 MR. CORRELL: Your Honor, we -- we have no

13 objection to the video for the limited purpose of showing

14 the road and the landmarks.

15 COURT: Exhibit "I" is admitted.

16 Mr. Wadding?

17 MR. WADDING: Ask to publish, Your Honor.

18 COURT: Any problem if I view that at a later

19 time with --

20 MR. WADDING: Well, I would ask -- it's not a

21 very long video, and I think that -- I do need him -- you

22 know, as he indicated, he did not have any audio on it.

23 He does need to indicate which approach at which time

24 he's taking -- he does need to testify to that. So, I

25 mean, if you -- if you would --




1 COURT: That's fine.

2 MR. WADDING: It will only take a minute.

3 COURT: Officer Kramer, I'll have you take a

4 seat over there, if you don't mind. That way counsel can

5 both see the video as well as you.

6 WITNESS: (Complied.)



9 (At 3:15 p.m., May 14, 1997, the videotape

10 was started.)

11 Q. Officer Kramer, could you describe what your

12 first approach was?

13 A. First approach would be for eastbound

14 traffic, and I'm stopped at the intersection with Hudson

15 Road, and then I approach eastbound and continue through

16 the intersection with 58.

17 Q. So you would be going toward Waterloo?

18 A. Yes.

19 Q. On Greenhill Road?

20 A. Yes.

21 Q. Did you just go through the intersection of

22 Highway 58 and Greenhill?

23 A. Yes, still continuing eastbound and the

24 intersection with South Main is just ahead.

25 Q. Now are you proceeding at a different -- in a



1 different direction?

2 A. Yes. Now we are northbound on Highway 58

3 approaching the intersection with Greenhill.

4 Q. So you're -- would you be heading toward

5 University Avenue?

6 A. Yes, towards Cedar Falls towards University

7 Avenue.

8 Q. What's this approach?

9 A. Now westbound on Greenhill Road approaching

10 South Main, and then we'll continue west on the

11 intersection with South Main. We're in the center lane

12 and approaching now the intersection with Highway 58.

13 Q. And looking down on the Highway 58/Greenhill

14 Road intersection now?

15 A. Yes.

16 Q. Now which direction are you traveling?

17 A. Now southbound on Highway 58 in the curb

18 lane, just past the intersection with University Avenue.

19 This would be the on-ramp there just to your rear. We

20 continue southbound on 58 approaching Greenhill Road.

21 Q. And what approach are you here?

22 A. This, again, is the westbound view of the

23 accident, going through South Main again. I thought I

24 had had camera difficulties the first time I did the

25 westbound, so I retaped it.


1 Q. Did you ever time it from South Main to

2 Highway 58?

3 A. At the posted speed limit of 45 miles-an-

4 hour, this was just a general timing. There was

5 nothing scientific to it, but I -- at 45 miles-an-hour

6 and then allowing for gradual slow down, which I do,

7 and then stopping at the traffic light is approximately

8 35 seconds.

9 Q. And is that the extent of the tape?

10 A. Yes.

11 (At 3:22 p.m., May 14, 1997, the videotape

12 was stopped.)

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

14 have. Thank you.

15 COURT: Mr. Correll?



18 Q. Mr. Kramer, with regard to Exhibit "D", is

19 this the evidence tag that you made out?

20 A. Yes.

21 Q. And the contents of the box are in here; is

22 that correct?

23 A. Yes.

24 Q. When did you make the evidence tag out? Does

25 it have the date on it?



1 A. The evidence tag would have been made out the

2 date that I received it from Mr. Mowery, so that would

3 have been on October 16th. Now, the date on the tag

4 itself says October 5th. That was the date of the

5 incident, so that's why there was different dates on

6 there.

7 Q. Where was it kept from the time you picked it

8 up until the time you took it to Des Moines?

9 A. In the evidence room refrigerator locked.

10 Q. And you lock yours -- refrigerator for a

11 reason, don't you?

12 A. Yes.

13 Q. And what's that reason?

14 A. For integrity of the evidence, just so I can

15 say that nobody else handles it.

16 Q. Does the Sartori Hospital, do they take that

17 precaution to ensure the integrity of the evidence?

18 A. I don't know.

19 Q. Wouldn't you think that would be important?

20 A. It is in -- in my office, yes.

21 Q. If it's important to you, it has not been

22 treated in the same way before, wouldn't that be a

23 significant factor for you to know?

24 A. I'm sorry. Can you ask me that again?

25 Q. Well, you keep it locked for a reason, right?


1 A. Yes.

2 Q. And you want to keep it locked so when people

3 ultimately are in court that they can have total

4 confidence in the integrity of the exhibit, correct?

5 A. Namely myself, yes.

6 Q. And would you think that Sartori Hospital

7 should do likewise?

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

9 Honor. It calls for speculation, and it's irrelevant.

10 COURT: Overruled. You may answer.

11 A. And you asked if I think Sartori should

12 follow the same precautions? Is that what the question

13 was?

14 Q. Yes.

15 A. I would -- I would consider it to be

16 important myself, yes.

17 Q. And you don't know, in fact, whether they do

18 keep that refrigerator and those specimens secure; you

19 don't know that, do you?

20 A. That's correct, I don't.

21 Q. With regard to the document that was

22 introduced through you --

23 COURT: "H"?

24 MR. CORRELL: Yes.

25 Q. Have you been sending things to the DCI for



1 15 years?

2 A. Seventeen years.

3 Q. And is a considerable amount of what you send

4 to them or most all of what you send to them either by

5 hand delivery or by packaging for the purposes of

6 laboratory analysis?

7 A. Yes.

8 Q. Have you found that the laboratory analysis

9 has been generally of good quality?

10 A. Yes.

11 Q. Have you -- are you aware in this case that

12 there are two differing analyses of the blood that is

13 contained in Exhibit "H"?

14 A. Yes.

15 Q. Based on your 15 years plus, 17 years of

16 experience, who do you have the more confidence in for

17 the ability to determine the blood -- the alcohol content

18 of blood, Sartori Hospital or the BCI?

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

20 Your Honor. First of all, there's not a proper

21 foundation laid with reference to this witness and his

22 knowledge about testing the blood samples. Second of

23 all, it invades -- it's an improper question that

24 invades -- it is a remark on credibility. It is an issue

25 for a fact finder. It's not an issue for a witness to



1 testify to. And -- I guess that goes along with my

2 foundational question -- objection as well.

3 COURT: Objection is sustained as to

4 foundation.

5 Q. Do you have any reason to think that this

6 test, the BCI is inaccurate?

7 A. No.

8 Q. Do you agree that they both cannot be

9 correct?

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

11 Honor. It's irrelevant.

12 COURT: Well, it's obvious to me that they --

13 if the same blood is examined, you can't have two

14 different accurate results.

15 MR. CORRELL: Okay. I guess I would like to

16 have my record from -- if you don't mind that, that's the

17 lab officer's opinion --

18 COURT: All right. That's fine. Overruled.

19 WITNESS: And could you read that back, how

20 he asked that question? I'm sorry.

21 (At which time the requested portion of the

22 testimony was read back by the court reporter.)

23 A. I guess my answer to that would be, and this

24 goes along with how I analyze things, whether it's

25 fingerprints or marijuana or footwear at a crime scene, I



1 rely on my own analysis. As far as how another lab would

2 analyze something as opposed to somebody else, to be very

3 honest with you, since I don't know how they analyze

4 blood for blood-alcohol or drug screening, to be honest

5 with you, I just don't have an opinion on it as far as

6 whether they can be different because I don't know how

7 they analyze it.

8 Q. Do you know the type of machine that Sartori

9 uses?

10 A. No.

11 Q. Do you know the type of machine that the BCI

12 uses?

13 A. No.

14 Q. Basically the blood was sent to the BCI,

15 wasn't it, for the official determination of blood-

16 alcohol?

17 MR. WADDING: I object to that, Your Honor,

18 calls for this witness to speculate, and it's not

19 relevant.

20 COURT: Overruled. You may answer.

21 A. I have to be very honest with you, sir, the

22 reason I took it to the DCI is because I was told to. To

23 be honest with you, since it was -- I wasn't actively

24 involved in the investigation, I was wrapped up on

25 another case that night, I just asked very few questions.


1 They asked me to take it to the DCI for analysis again.

2 Q. Okay. In your 17 years as a lab officer,

3 have there been other occasions where specimens have --

4 that have been examined locally have then been also sent

5 down to the BCI for test analysis?

6 MR. WADDING: I object, Your Honor. That's

7 irrelevant.

8 COURT: Overruled.

9 A. I do know a couple cases, yes.

10 Q. And isn't it a fact that there have never

11 been any cases where once the BCI made their findings

12 that there was a second opinion obtained from Sartori

13 Hospital; isn't that a fact?

14 A. That I can say, that's true.

15 Q. Do you know the degree or percentage that the

16 BCI acknowledges that that may be in error, that test?

17 A. No. I don't.

18 Q. If you refer to the document a second, could

19 you see on -- is it Exhibit "H"?

20 A. Yes.

21 Q. In there does it not indicate that that could

22 be 5 percent high or low?

23 A. Yes.

24 Q. Could be as low as 81?

25 A. I would say 82.


1 Q. Okay. Mr. Kramer, obviously what you did

2 with the video was not designed to show anything really

3 other than the roadway? I mean, it wasn't -- you're not

4 trying to represent that -- obviously the snow wasn't

5 there at the time on October 5; you would agree with

6 that, wouldn't you?

7 A. Yes.

8 Q. And you're not trying to say that that's

9 exactly how the roadway looked to a person driving a

10 vehicle on October 4, 1996, are you?

11 A. No, I'm not.

12 Q. Weather could be different, lighting could be

13 different from stars, moon, correct?

14 A. Yes.

15 Q. Lighting could be different from other

16 vehicles going up and down the roadway?

17 A. Yes.

18 Q. Lighting could be somewhat different

19 depending on the lighting of the vehicles themselves?

20 A. Yes.

21 Q. And you had a police car, is that what you

22 did this in, I take it?

23 A. Yes.

24 Q. Now, from looking at that, were you able to

25 see it and watch it as we went through it today --



1 A. Yes.

2 Q. -- again? And have you driven this more than

3 one time, sir, in preparation for this case?

4 A. Aside from driving it every day personally, I

5 didn't drive it in preparation for this, no.

6 Q. Now, would you agree that when -- when you

7 took that portion of the video where you're going from

8 the east to the west on Greenhill Road, does that

9 basically show that you come up over a crown of a hill at

10 approximately the intersection of South Main and

11 Greenhill?

12 A. Yes.

13 Q. And isn't it a fact that, as shown on that

14 video, that you really can't see down to the bottom of

15 this slope until you get approximately right entering

16 that intersection?

17 A. Yes, I'd agree that's accurate.

18 Q. And that's because you're coming up a little

19 hill from the west, and the crown is here at the

20 intersection of South Main, and then you go down a slight

21 hill; is that a fair statement?

22 A. Yes.

23 Q. And that's what's shown on this video, isn't

24 it?

25 A. Yes.


1 Q. And I believe you indicated that if you drove

2 the speed limit of 45 miles-an-hour and you proceeded to

3 slow down and bring your car to a complete stop, it was

4 35 seconds from South Main to Highway 58; is that

5 correct?

6 A. Yes.

7 Q. And would you agree that if you didn't have

8 to slow down and bring your car to a complete stop, if

9 you went all the way down here without slowing down and

10 without stopping, that would be about a 25-second trip?

11 A. I'd say it would be close to that, yes, but I

12 didn't time that.

13 Q. Okay. You never timed it going all the way

14 through the intersection?

15 A. That's correct.

16 Q. Now, isn't it a fact that there -- the only

17 warning sign that -- and as shown on your video for going

18 on highway -- Greenhill Road was a -- like a bike

19 crossing sign that was shown down here on Greenhill Road?

20 A. Yes.

21 Q. Now, that is not the situation for the

22 traffic that was going from the north to the south on

23 Highway 58, is it?

24 A. I can't recall what warning signs there are.

25 Q. If I told you that were shown on your video



1 approximately ten feet -- ten seconds from the

2 intersection there are two signs up here that are on

3 Highway 58 that are signs that alert a driver heading

4 south that they are approaching a light controlled

5 intersection, do you agree or disagree, or do you just

6 not know?

7 A. I'm sure, since we just viewed the video, I'm

8 sure they would be shown on video, I would agree, so,

9 yes, if you know that as a fact, I would agree to it.

10 Q. And aren't there, in fact, other -- there

11 happens to be other of those signs, but there are none

12 back this way, are you aware of that, back by Cedar

13 Heights?

14 A. No. I'm not aware.

15 Q. Okay. That's all I have, Mr. Kramer. Thank

16 you.

17 COURT: Mr. Wadding?



20 Q. When you were doing the videotape and you

21 were approaching on Greenhill Road, traveling east,

22 toward Waterloo, where did you start out from?

23 A. At Hudson Road.

24 Q. Okay. What -- what kind of control is there?

25 A. There is a traffic light there. No, there's


1 not a traffic light there. That's a stop intersection

2 for westbound and eastbound traffic.

3 Q. Stop sign?

4 A. Stop sign.

5 Q. And -- so octagon stop sign?

6 A. Yes.

7 Q. Okay. And that would be off this -- off

8 State's Exhibit "A"; is that fair to say?

9 A. Yes.

10 Q. And do you get down that way very often?

11 A. Nearly every day.

12 Q. Down even farther west of -- do you get down

13 towards Hudson Road every day?

14 A. I would say every other day. I drive through

15 this intersection every day, probably every other day for

16 Hudson Road.

17 Q. And when you're approaching from the east and

18 traveling west on Greenhill Road and approaching the

19 intersection of Highway 58 and Greenhill, can you see

20 those traffic control devices at that intersection?

21 A. At what point?

22 Q. Well, at the point you pass through South

23 Main and Greenhill Road.

24 A. Yes. There's a bit of a crest of a hill, but

25 once you come over the crest of the hill, you have a




1 clear vision.

2 Q. Okay. Now, when you're -- can -- and would

3 you agree with me that at least -- that the road is

4 fairly straight through the intersection? Fairly

5 straight?

6 A. Yes.

7 Q. Okay. Now, when you're looking down past the

8 intersection of Greenhill Road and Highway 58, can you

9 see any other traffic signals?

10 A. Past the intersection itself?

11 Q. Right. See any other traffic lights down

12 there?

13 A. At nighttime you can see a glow from the

14 traffic lights at the intersection of Hudson and

15 Greenhill, but you can't see traffic lights themselves.

16 Q. Right. So what are these, lamps you're

17 talking about?

18 A. Yes, for nighttime.

19 Q. To light up the intersection?

20 A. Yes.

21 Q. And that intersection itself is controlled by

22 stop signs?

23 A. Yes.

24 Q. So the -- but they're not controlled by

25 traffic signals? Lights?



1 A. That's correct.

2 Q. Okay. The -- and you say, when you get to

3 South Main and Greenhill, you would not be able to see

4 this intersection at Greenhill and Highway 58; is that

5 fair?

6 A. That's correct.

7 Q. Got to crest that hill first?

8 A. Yes.

9 Q. So you wouldn't mistake the lights for

10 Greenhill and Highway 58 for the lights on South Main and

11 Greenhill Road, would you?

12 MR. CORRELL: Excuse me, Your Honor. I would

13 object. That calls for this witness to give an opinion.

14 How he would classify it is irrelevant.

15 COURT: Sustained.

16 Q. Have you ever confused the lights for

17 Greenhill Road and Highway 58?

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

19 going to object to that. That's irrelevant.

20 COURT: Sustained.

21 MR. WADDING: I think he asked his questions

22 about his personal experience at those intersections,

23 Your Honor. I'm just asking the same.

24 COURT: Sustained.

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


update 12/22/16