See also: Robert Michael CFPD Report
1 ROBERT J. MICHAEL,
2 called as a witness on behalf of the state, being first
3 duly sworn by the court, was examined and testified as
5 COURT: Please state your full name.
6 WITNESS: Robert J. Michael.
7 COURT: Mr. Wadding.
8 MR. WADDING: Thank you, Your Honor.
9 DIRECT EXAMINATION
10 BY MR. WADDING:
11 Q. Would you please state your occupation, sir.
12 A. I'm a police officer with the city of Cedar
14 Q. And how long have you been a police officer
15 with the city of Cedar Falls?
16 A. A little over one year.
17 Q. And what do you have in front of you, sir?
18 A. A copy of my report.
19 Q. Does that reference this incident?
20 A. Yes, it does.
21 Q. Could I ask you to just place it in your
22 pocket or something. If you need to refer to it,
23 we'll --
24 A. Sure. (Complied.)
25 Q. -- we'll take care of that. Okay?
1 A. Sure.
2 Q. And did you have any prior law enforcement
3 experience prior to Cedar Falls Police Department?
4 A. Yes, I did. Two years at the Black Hawk
5 County Sheriff's Department.
6 Q. Any law en --
7 A. I was a reserve officer for Evansdale Police
8 Department for a short time and also with the Grundy
9 County Sheriff's Office for a short time.
10 Q. Now, have you received any education with
11 reference to your achieving your position as a police
12 officer or after you became a police officer and -- or
13 after you became a police officer?
14 A. Before with the Iowa Law Enforcement Academy.
15 Q. Okay. And are you certified in the state of
17 A. Yes, I am.
18 Q. And is that through the Iowa Law Enforcement
20 A. Yes, it is.
21 Q. And certified in the areas of OWI detection
22 and investigation?
23 A. Correct.
24 Q. Certified in the areas of implied consent
1 A. Yes.
2 Q. And when did you receive your certification?
3 A. In July of '93.
4 Q. You say you've been with the Cedar Falls
5 Police Department for approximately a year?
6 A. Correct.
7 Q. And is that to date?
8 A. Yes. A little over a year to date.
9 Q. What do you do for the Cedar Falls Police
11 A. I work in the patrol division.
12 Q. Could you describe just briefly what your
13 duties are?
14 A. Our activities patrolling the streets,
15 community policing, pretty basic, answering calls for
17 Q. General patrol duties?
18 A. General patrol duties.
19 Q. What did you do with the Black Hawk County
20 Sheriff's Department?
21 A. I worked in the jail.
22 Q. How long did you work in the jail?
23 A. For two years.
24 Q. So your entire time at the Black Hawk County
25 Sheriff's Department was in the jail?
1 A. Correct.
2 Q. Could you describe just briefly what your
3 duties were with the jail?
4 A. I'd say monitoring the prisoners, booking in
5 of arrestees, which would include also running the
6 Intoxilyzer, fingerprinting, picturing, that sort of
7 thing, basic book-in process.
8 Q. Are you familiar -- in that experience with
9 the Black Hawk County Sheriff's Department, did you come
10 in contact with persons who were intoxicated?
11 A. Yes, I did.
12 Q. And in your experience as a Cedar Falls
13 Police Department officer, did you come in contact with
14 persons who are intoxicated?
15 A. Yes.
16 Q. Are you familiar with the signs of
18 A. Yes.
19 Q. Now, do you work a regular shift with Cedar
21 A. Yes, I do.
22 Q. What shift do you work?
23 A. Second shift.
24 Q. What hours is that?
25 A. 2:30 to 10:30 in the evening.
1 Q. How long have you worked that shift?
2 A. For my entire time on the department.
3 Q. Now, were you working that shift on
4 October 4th, 1996?
5 A. No. What it was was a power shift. A couple
6 of us pulled over until 2:30 in the morning. We have a
7 few extra officers on the streets, you know, during the
8 weekends or any other time where it's felt it may be
10 Q. This would have been considered a weekend
12 A. Yes.
13 Q. So you were working a power shift?
14 A. Yes.
15 Q. From 2:30 to 2:30 in the morning?
16 A. Correct.
17 Q. 2:30 p.m. to 2:30 in the morning?
18 A. Right.
19 Q. And did you have occasion to, or were you
20 dispatched to the area of Highway 58 and Greenhill Road
21 at approximately 11 o'clock that night?
22 A. Yes, I was.
23 Q. And do you recall why?
24 A. It was for an accident with injuries
25 involved, traffic accident.
1 Q. I'm sorry?
2 A. Traffic accident with injuries involved.
3 Q. How long do you think you would have took to
4 get there?
5 A. Oh, probably less than a minute -- at the
6 time I was at the intersection of University and Main
7 when it came out, so I just got on the highway, and I
8 would say I was there less than a minute.
9 Q. When you got dispatched, did you -- were you
10 involved in a traffic stop or anything --
11 A. No, I was not.
12 Q. Any police related activity at the time?
13 A. No, I was not.
14 Q. Other than patrolling?
15 A. Correct.
16 Q. And did you arrive at that location then?
17 A. Yes, I did.
18 Q. And were you one of the first officers or --
19 A. I was the first officer.
20 Q. First officer? And could you describe what
21 you saw when you first got there?
22 A. I saw a vehicle in the southwest corner of
23 the ditch. It would -- I believe it would have been
24 facing to the north, northeast, pulled alongside the road
25 along Highway 58, got out and went over to the scene.
1 Q. And that vehicle, do you remember what color
2 that vehicle was?
3 A. Blue, I believe.
4 Q. And who was in that vehicle? Was there
5 anyone in that vehicle?
6 A. There were three females.
7 Q. And that's the first vehicle you went to?
8 A. Correct.
9 Q. And did you have contact with any persons at
10 the scene at that time?
11 A. There were several witnesses that were still
12 on the scene. One of them had approached me immediately
13 telling me that they -- the girls were pretty seriously
14 injured while I was on my way over there.
15 Q. And did you go over there then?
16 A. Yes, I did.
17 Q. Did you -- did you ascertain how this
18 accident took place at any time?
19 A. Not specifically. There were like -- there
20 were several people, you know, around the scene telling
21 me what had happened, but it was kind of in passing as I
22 was approaching that vehicle. It wasn't that I had
23 actually stopped to actually see what had happened. I
24 kind of heard talk in the background of what had
1 Q. And do you recall what kind of talk you were
3 MR. CORRELL: Excuse me. I'm going to object
4 to that as calling for hearsay.
5 COURT: Sustained.
6 Q. Did you go to the vehicle then?
7 A. Yes, I did.
8 Q. And what did you do there?
9 A. I went over to the victims. I believe I went
10 over to the driver first and just tried to provide any
11 kind of medical attention I could.
12 Q. And what were you observing at that time
13 inside that vehicle?
14 A. The female in the driver's seat was
15 unresponsive, maybe just a slight moan. The female in
16 the back seat was totally unresponsive. The female
17 passenger from the front seat, I believe she was standing
18 outside the vehicle at the time, and, you know,
19 obviously -- she was obviously shooken up, but she was,
20 you know, talking and that. I think she said she was
21 okay, but it was obvious she wasn't. I mean, she was in
22 some sort of shock or what not, but --
23 Q. And how long were you with the persons in
24 that vehicle?
25 A. Oh, I'd probably estimate a couple, three
1 minutes anyway. I mean, it's kind of hard telling. Time
2 always seems to move slow in situations like that, but
3 probably a couple minutes.
4 Q. What was the next significant movement you
6 A. After the paramedics arrived, I went to speak
7 with Mr. and Mrs. Rokes.
8 Q. Why did you go to speak with Mr. and Mrs.
10 A. Well, I would have regardless, but since they
11 were involved in the accident, I knew them to be
13 Q. How did you know that they were involved in
14 the accident?
15 A. Because I had witnesses telling me that they
17 Q. Did you approach them then?
18 A. Yes, I did.
19 Q. And is Mr. Rokes in the courtroom today?
20 A. Yes, he is.
21 Q. Could you point him out and describe what
22 he's wearing?
23 A. Looks to be a brown suit, tan.
24 Q. And sitting -- seated next to Mr. Correll?
25 A. Correct. Correct.
1 MR. WADDING: Let the record reflect that the
2 witness has identified the defendant.
3 COURT: It may.
4 Q. Now, when you approached the defendant, did
5 you make any observations about him?
6 A. Yes, I did. I could smell alcohol
7 immediately coming from his person.
8 Q. And when you say you could smell alcohol
9 immediately coming from his person, why do you use the
10 word immediately?
11 A. As soon as I came over to talk with him, I
12 could smell it. I didn't have to ask if he had been
13 drinking, I could smell it. So I believe I asked him how
14 much he had had immediately rather than asked him if he
15 had been drinking, because I could smell it.
16 Q. Was that the first indication that you had
17 that the defendant had been drinking?
18 A. Yes.
19 Q. And that's the first observation that you
21 A. That I made, correct.
22 Q. Did you have any other indication that he had
23 been drinking prior to that?
24 A. Other than what a couple of the witnesses had
25 told me.
1 MR. CORRELL: Excuse me. Excuse me. That's
2 hearsay, and I'm going to object and ask that the
3 prosecution not ask questions that call for hearsay.
4 COURT: Sustained.
5 Q. After you had observed that the defendant
6 smelled like alcohol, you indicated that you asked him a
8 A. Correct.
9 Q. What was that?
10 A. How much he had.
11 Q. And what was the defendant's response?
12 A. That he had had a few.
13 Q. And what -- how else did he respond?
14 A. He added that he didn't feel the effects of
15 the drinks.
16 Q. Did he add that, after he said he had a few?
17 A. Yes.
18 Q. Did you ask him if he felt the effects?
19 A. No.
20 Q. Okay. He just said that?
21 A. Right.
22 Q. And did he describe the accident to you or
23 anything about the accident to you?
24 A. Oh, yes. I think -- I believe he had said
25 that he didn't see the red light. He told me that he was
1 consoling his wife whose mother was ill, that he was
2 consoling her and that he didn't see the red light,
3 flashing red light.
4 Q. And did he indicate when he had first
5 observed, if at all, the flashing red light?
6 A. He said he didn't observe the red light until
7 after he had gotten out of the vehicle after the
9 Q. How long were you with the defendant at that
11 A. Oh, a short period, maybe several minutes,
12 probably not much more than that.
13 Q. What did you do -- did there come a point in
14 time when you left the scene or the -- and the defendant
15 left the scene?
16 A. Yes, there was. I was told to follow the
17 ambulance to the hospital which would be taking Mr. Rokes
18 and his wife. I don't know if one of the girls went in
19 there also, but I followed them to the hospital. That's
20 the time I left to go over to my car.
21 Q. Okay. And the ambulance transported the
23 A. Correct.
24 Q. And were you specifically following the
25 ambulance to stay with the defendant?
1 A. I was -- correct.
2 Q. Okay. Why was that?
3 A. Because given the observations on the scene,
4 you know, we would be requesting a blood test up there.
5 Q. Okay. That had to do with his alcohol
7 A. Correct.
8 Q. And did you perform any field sobriety tests
9 on the defendant out at the scene?
10 A. No, I didn't.
11 Q. Why not?
12 A. It wasn't appropriate. You know, given the
13 busy intersection, you know, despite all the lights, you
14 know, from the vehicles and that, the top lights just --
15 it wasn't really a safe environment to do so, not to
16 mention, you know, he had injuries on his head, you know,
17 a laceration on his nose and over his eye, you know. His
18 wife was injured as well. Plus, medical personnel, you
19 know, were running all over, securing the scene, you
20 know, tending to the victims and that it just wasn't
22 Q. A lot of people injured in that incident --
23 A. Correct.
24 Q. -- is that fair to say?
25 A. Yes.
1 Q. How many did you think had been injured at
2 that point in time?
3 A. At that point I had known that all of them
4 had been to some extent, some more than others obviously,
5 but -- in both vehicles they all had been.
6 Q. Had you called dispatch to -- for ambulances?
7 A. Yes, I did.
8 Q. And how many did you ask to be dispatched?
9 A. I -- I told them that we would need more than
10 one and that there were serious injuries involved. I
11 didn't indicate a specific number, just more than one.
12 Q. And you observed the defendant or knew that
13 the defendant got into an ambulance?
14 A. Yes, I did. Just because they -- I was told
15 that they were going to be loaded up in an ambulance. I
16 didn't observe him entering the ambulance.
17 Q. How many people were in the ambulance that
18 the defendant went in, do you know?
19 A. No, I don't know.
20 Q. Was it more than the defendant?
21 A. Yeah. I believe it was him and his wife and
22 any more I don't know.
23 Q. Did you go to the hospital then?
24 A. Yes, I did.
25 Q. And did anyone else from the Cedar Falls
1 Police Department assist you?
2 A. Officer Anderson came up a short time after I
3 arrived up there.
4 Q. At the time of this incident, how long would
5 you have been on the Cedar Falls police force?
6 A. Let me think. Oh, probably around seven
8 Q. Seven months?
9 A. Approximately, give or take.
10 Q. And did Officer Anderson, was he dispatched
11 to assist in the implied consent procedures?
12 A. Yes, he was.
13 Q. And why was that?
14 A. Well, I called our shift commander because I
15 didn't have any implied consent forms anyway, so Officer
16 Anderson brought those up. He also came up to assist me
17 as well.
18 Q. And were you present when Officer Anderson
19 read the implied consent advisory to the defendant?
20 A. Yes, I was.
21 Q. And do you remember what the defendant's
22 response was to that implied consent advisory?
23 A. Other than agreeing to it, I don't recall any
24 exact responses or any exact statements at the time of --
25 that he consented.
1 Q. Did you see him affix his signature to it?
2 A. Yes, I did.
3 Q. And did Officer Anderson remain there until
4 blood was drawn then?
5 A. Officer Anderson left before the blood was
7 Q. What did you do then?
8 A. I remained to witness the blood withdrawal.
9 Q. And did you?
10 A. Yes, I did.
11 Q. And do you know who -- who withdrew blood
12 from the defendant?
13 A. I believe it was nurse Renee Whitlatch. I
14 believe that's right.
15 Q. And anything unusual in the -- in the
16 withdrawal of the blood?
17 A. None that I could see.
18 Q. The defendant have any problems about
19 providing that sample?
20 A. Not at the time of the withdrawal, no.
21 Q. Okay. Did he have some time prior --
22 problems prior to that?
23 A. After Officer Anderson left, after he had
24 already signed the implied consent, he did kind of ask me
25 a couple of questions about the preliminary breath test
1 that was given as well as the implied consent.
2 MR. CORRELL: Excuse me, Your Honor. I'm
3 going to make the objection to move that last response be
4 stricken, that is the PBT is by statute inadmissible, any
5 reference to that.
6 COURT: It was -- it was a voluntary
7 statement not responsive to the question. Sustained.
8 MR. CORRELL: And I move that it be stricken
9 from the record.
10 COURT: I won't consider it. Mr. Wadding.
11 MR. WADDING: Might I just respond to that
12 briefly, Your Honor?
13 COURT: Go ahead. Are you talking about
14 the foundation for the implied consent procedures? Is
15 that --
16 MR. WADDING: Well, I think that that -- I
17 mean, obviously that's relevant. This is kind of a
18 different situation when we're not in front of a jury,
19 and I don't believe that the statute specifically
20 excludes reference to the PBT. I think it specifically
21 excludes reference to the results of the PBT, and I think
22 that's supported by the case law as well. That's my only
23 response to that, although I'm not -- I'm not going to
24 make a big fight about it, but I think that's what the
25 case law currently -- how it stands.
1 COURT: Is the foundation for the implied
2 consent procedures being disputed, Mr. Correll?
3 MR. CORRELL: It's not the foundation, it's
4 the fact that -- the statute is designed to exclude that,
5 and it does not make any distinction, it makes no sense,
6 there is not a distinction whether there's a judge or a
7 jury. That is -- it makes absolutely no difference, and
8 so now the -- the bell has been rung, and the -- it's
9 difficult to unring it, although -- it puts me in a
10 difficult situation. We don't think it's detrimental,
11 but it's still improper to raise that issue.
12 COURT: I know the PBT test result is
13 inadmissible. Mr. Correll, Mr. Wadding, can you refer me
14 to a Code section regarding the -- the fact that a PBT
15 was given may be inadmissible?
16 MR. WADDING: 321J.5.
17 COURT: Why don't you start over again, Mr.
18 Wadding. If you -- if you want to direct a question
19 relating to the PBT, go ahead and direct the question.
20 Mr. Correll would have an opportunity to object. I just
21 want to make sure -- that answer came in in response to a
22 different question. Let's make it more specific.
23 MR. WADDING: Right. My only point in the
24 response, Your Honor, is that while I didn't think -- I
25 didn't ask the question directly related to that, is that
1 I don't think it needs to be stricken from the record.
2 That's my only response to that. I don't think that
3 there would be a problem with the implied consent
4 procedures. I'm just saying I don't think it needs to be
5 stricken from the record.
6 COURT: At this point my ruling is, I haven't
7 heard anything regarding a PBT test result. The PBT test
8 result would be inadmissible. And to the extent that
9 that might later come in, I'm not going to consider it
10 and ask that it not come in so I don't hear it. However,
11 I don't read 321J.5 as prohibiting me from considering
12 the fact that a PBT was administered. I don't know
13 whether that may be significant regarding the rest of the
14 evidence that's going to be presented regarding the test
15 at this point. However, at this point I know that a PBT
16 was administered. That will remain in the record.
17 Mr. Wadding.
18 MR. WADDING: Thank you, Your Honor.
19 CONTINUED DIRECT EXAMINATION
20 BY MR. WADDING:
21 Q. I believe that you indicated that you did
22 observe the blood being drawn from the defendant?
23 A. Yes.
24 Q. Okay. And that went without incident at
25 least at the time of the withdrawal?
1 A. Correct.
2 Q. And do you recall how many -- how much blood
3 was drawn from the defendant?
4 A. Two vials.
5 Q. Okay. And did you make any observations, or
6 did you continue making observations with regard to that
7 withdrawal of blood, what happened to it and stuff?
8 A. I just saw her package it up and, you know,
9 standard procedure as far as that goes and nothing else.
10 Q. And how long were you with the defendant at
11 that point in time?
12 A. After the withdrawal?
13 Q. After -- I'm talking in -- in whole at the
14 Sartori Hospital.
15 A. Oh, god, it's -- it's tough to put a time
16 frame on that. I -- you know, one thing I can go by, I
17 guess, is the withdrawal was, you know, roughly around
18 20 minutes after midnight and then probably not too long
19 after that, so I'd say probably around 12:30 is probably
20 when I stopped contact with the defendant.
21 Q. Okay. What time do you think you had contact
22 with the defendant at the hospital?
23 A. I'd say all in all, you know, probably
24 between an hour, hour and a half between the time at the
25 scene and the hospital. My numbers may be off a little
1 there, but that's just a pretty rough estimate.
2 Q. And were you specifically focused on the
3 defendant at the hospital, or did you engage in any
4 other --
5 A. I was checking on the condition of the
6 victims, of course, the girls in the car, checking on
7 their condition. I believe I spoke with one of the
8 mothers as well.
9 Q. And do you recall the names of the other
10 persons in the -- in the other vehicle?
11 A. Juli Farrell, Tami Kleinheksel. I don't know
12 if I slaughtered that name or not. And, oh, I know the
13 third one. There was the girl in the front passenger
14 seat, and I can't think of her name offhand.
15 Q. Kristine Hill?
16 A. Okay. That's correct.
17 Q. And did you know -- did you identify Juli
18 Farrell as the driver of the other vehicle?
19 A. Yes, I did.
20 Q. And what about Tamara Kleinheksel? Was she
21 the back seat passenger?
22 A. Yes.
23 Q. And did you observe them in those
24 positions --
25 A. Yes.
1 Q. -- out at the scene?
2 A. Yes, I did.
3 MR. WADDING: That's all the questions I
4 have. Thank you.
5 COURT: Mr. Correll?
6 MR. CORRELL: Thank you.
8 BY MR. CORRELL:
9 Q. When you received the dispatch, was it at
10 approximately 11:01?
11 A. Correct.
12 Q. And is that what your notes reflect that
13 dispatch came over --
14 A. That's what time my report reflects, yes.
15 Q. And obviously then there would have been some
16 time prior to that that this accident took place, a
17 matter of minutes; is that your best judgment?
18 A. Yes, it is.
19 Q. And do the police reports indicate that the
20 earliest the accident could have taken place would have
21 been 10:55 and the latest when the call came in at 11:01?
22 A. I don't know how they have that. There was
23 some -- I don't know if there was some confusion on
24 dispatch's part about putting times in the computer, so
25 any times in there, I don't know how accurate they are.
1 But the call came from a cell phone from a witness, so
2 I'm sure it happened within a minute of the time the call
3 came through dispatch.
4 Q. Would it be fair to say that the accident
5 happened some time prior to 11:01, we just don't know the
6 precise --
7 A. Well, if it happened at 10:59 or, you know,
8 exact 11 o'clock, you know, you're talking a matter of a
9 minute or two there.
10 Q. So I am correct, am I not?
11 A. Well, correct.
12 Q. When you got there, did you go directly down
13 what would be called South Main Street to -- to get
14 there? Did you come up on Highway 58?
15 A. No. I came up on Highway 58.
16 Q. When you were there, was there ever any man,
17 a civilian that was there in a van? Did you see him?
18 A. A van? That I don't remember. I do know
19 from one of the witnesses that had told me that --
20 Q. Excuse me. I'm not going to ask -- I don't
21 want to know what somebody else told you. My question
22 was, did you see a man who would have been in his, say,
23 his late 40s to 50-year-old type individual?
24 A. No, I didn't. I don't recall, but I don't
25 believe I did.
1 Q. When you were there and speaking to Mr.
2 Rokes, did he not say that he was immediately prior to
3 this accident consoling his wife?
4 A. That's what he told me.
5 Q. And didn't he say that that is why he went
6 through the red flashing light?
7 A. He said that's why he probably didn't see the
8 red flashing light.
9 Q. Okay. And isn't that -- I mean, isn't the
10 fair reference of what he said, that he was consoling his
11 wife, didn't see the red flashing light and went through
13 A. Yes, it is. That's what he said.
14 Q. And didn't he tell you -- didn't he give you
15 a specific reason as to why he was consoling his wife?
16 A. Because he said his wife's mother was ill
17 and --
18 Q. Did he, in fact, tell you in -- and you can
19 make reference to your reports if you feel necessary, did
20 he specifically tell you that his wife's mother was in
21 the hospital at that point in time?
22 A. I believe he did, yeah.
23 Q. Could you check and confirm that in your
25 A. I sure can. (Complied.) Yes, that is
2 Q. With regard to the situation when you went --
3 that was really the basic extent of the involvement you
4 had with him at the scene, is that a fair statement, and
5 then following him to the hospital?
6 A. Yeah. Other than as we mentioned earlier,
7 you know, asking how much he had had to drink, that was
8 prior to this -- that conversation.
9 Q. And then you went to the hospital with him,
10 or followed him, I should say?
11 A. Yes.
12 Q. And was that also to get the condition of the
13 other people who were involved in the accident, to
14 monitor their condition?
15 A. Yes, it was. That was -- that's -- you know,
16 any time we have an accident where there's injuries
17 involved, you know, we would be going up there
19 Q. With regard to the point in time when you got
20 there, you had contact with him in the emergency room
21 shortly after arrival; would that be fair to say?
22 A. Yes, it would be.
23 Q. And that the -- when you approached him, had
24 you already spoken to the Farrell -- the Farrell girl?
25 A. No. I think I spoke with Ms. Farrell after
1 all this had taken place. I think I had spoken with her
2 in the waiting room.
3 Q. And when you got to the hospital then, did
4 you ask to speak to Mr. Rokes?
5 A. Yes. They told me what room he was in, and I
6 went in there.
7 Q. And did he volunteer -- did he talk to you,
9 A. Well, I'll just kind of give you an order of
10 events when I got there.
11 Q. No. Just answer my question. Did he talk to
13 A. I didn't speak with him immediately, no.
14 Q. When you asked to speak to him, did he speak
15 to you?
16 A. Yes, he did.
17 Q. Did he appear to understand your questions?
18 A. Officer Anderson directed more of the
19 questions toward him.
20 Q. Did he understand the questions that either
21 you or Officer Anderson directed to him?
22 A. Yes, he did.
23 Q. And at approximately 11:43 was he requested
24 to sign a consent to have blood withdrawn from him?
25 A. Yes, he did.
1 Q. And is it not a fact, sir, that he would have
2 had the right to refuse to -- refuse that request?
3 A. Yes, he would have.
4 Q. And he did not ask to do that, did he?
5 A. No, he did not.
6 Q. And he didn't say he wanted to stop and
7 consult an attorney before on that, did he?
8 A. No, he didn't.
9 Q. You asked for -- or you and Mr. Anderson
10 asked for a sample, a specimen of blood, and he agreed to
11 that; isn't that --
12 A. Yes, he did.
13 Q. -- a fair statement? When you are at the
14 hospital, is it not a fact that you in your report
15 described him, and this would have been -- about what
16 time -- would you have seen him at the hospital -- let me
17 back up a minute.
18 A. Well, I think you -- I believe you stated the
19 implied consent was offered at 11:43. My time would have
20 been just shortly prior to that, between that time and
21 the time of the blood withdrawal.
22 Q. Let me say, did you follow the ambulance, I
23 mean, within vision distance of the ambulance?
24 A. Yes, I did. I believe so.
25 Q. And if the records that I've reviewed
1 indicate that the paramedics arrived at the scene at
2 about 11:08, would that be generally consistent with your
4 A. It's possible, but I don't know exact time.
5 Q. Okay. They arrived after you did obviously?
6 A. They did arrive after me, yes.
7 Q. And if their records indicated they arrived
8 at 11:08, do you have any reason to think that is wrong?
9 A. No.
10 Q. And if their records indicate that they
11 departed from the scene at 11:19, would that seem
12 consistent with your recollection generally?
13 A. It would appear so.
14 Q. And if the records would indicate that they
15 then departed the scene at 11:19 and arrived at Sartori
16 Hospital at 11:25, would that again be consistent with
17 your recollection?
18 A. Yes, it would.
19 Q. And would it be consistent with your
20 knowledge of the city of Cedar Falls and the streets that
21 it would take approximately six minutes in an ambulance
22 to go from Highway 58 and Greenhill to Sartori Hospital?
23 A. Yes. When there is an emergency and when
24 you're going through lights, yeah, you're going to get
25 there halfway quick.
1 Q. So at the time you would have seen him, it
2 would have been between 11:25 after he got there and we
3 know before 11:43 because that's when he signed the
4 consent, correct?
5 A. If that's what the forms say, then, you know,
6 that would be correct.
7 Q. Okay. And in that period of time,
8 approximately 15, 18 minutes, you would have had
9 conversation with him, wouldn't you?
10 A. Yes.
11 Q. And during that period of time other people,
12 the nurse and people would have been attempting to attend
13 to him as well; would that be correct, sir?
14 A. Correct.
15 Q. With regard to the condition of Mr. Rokes at
16 that period of time, between 11:25 and 11:43, is it not
17 true that your reports indicate that Mr. Rokes, in
18 quotes, was cooperative and fully coherent while
19 answering questions from the nurse?
20 A. Yes.
21 Q. And that would have been at that time frame,
22 would it not?
23 A. Correct.
24 Q. At no point in time did he ever stop or try
25 to break off his questions with you; isn't that a fact?
1 A. Correct.
2 Q. When you were at the scene, sir, did you go
3 over and check his vehicle at all?
4 A. I don't recall going directly up to his
5 vehicle, no.
6 Q. Did you ever find any evidence or see any
7 evidence at the scene outside the car, anything that
8 would indicate that Mr. Rokes or Mrs. Rokes had consumed
9 any kind of alcohol in their vehicle?
10 A. Well, odor for number one when I was talking
11 with them. His eyes, I mean, I was looking pretty close
12 in his eyes because he did have a gash in his nose and
13 above his eye, so I could see that his eyes were
15 Q. He also had a bag explode, one of those air
16 bags came -- exploded in his car, didn't it?
17 A. About -- if you say so. I don't know for
18 sure. I can't recall if I heard that at the time. I may
19 have and just don't remember.
20 Q. Isn't it a fact that you didn't find any
21 containers that would indicate that there was any
22 alcohol --
23 A. No.
24 Q. -- in containers or --
25 A. I did not look in his vehicle.
1 Q. At the hospital, you chose also there not to
2 ask him to perform any field sobriety tests; is that
4 A. Correct.
5 Q. And does the Cedar Falls Police Department
6 have a questionnaire that is basically referred to as
7 a -- the questionnaire where intoxicated or suspected
8 intoxicated drivers are questioned?
9 A. Correct.
10 Q. Do you know the form I'm speaking of?
11 A. Drivers intox report.
12 Q. And that has a variety of questions that are
13 specifically asked to people, does it not?
14 A. Yes.
15 Q. Such as, what time did you get up and what
16 time did you last eat?
17 A. Right.
18 Q. And that form, you did not follow that form
19 or ask questions from that form, did you?
20 A. I don't think I read that form to him, no.
21 That was a mistake I made.
22 Q. None of the questions that appear on that
23 form were asked of Mr. Rokes, were they?
24 A. No. If I didn't read the form, I didn't ask
25 any of the questions, no.
1 Q. He was not videotaped at the hospital --
2 A. No.
3 Q. -- is that correct? And there was no audio
4 tape taken from him at the hospital, tape recording?
5 A. I don't believe so. I don't believe Officer
6 Anderson had a tape player. I don't believe he did.
7 Q. Okay. The Cedar Falls Police Department has
8 though both video and tape voice recording devices, don't
10 A. They do out of the car, correct.
11 Q. And they have them back at the police
12 station; isn't that correct as well?
13 A. Yes, they do.
14 Q. And there is an Intoxilyzer breath machine at
15 the Cedar Falls Police Department, is there not?
16 A. Yes, there is.
17 Q. And he was never asked to go down and take
18 that, was he?
19 A. No. Just withdrawal of blood is all we
21 Q. Okay. And is it fair to say that at no point
22 in time did he ever refuse to provide you information?
23 A. No.
24 MR. CORRELL: That's all I have, sir. Thank
1 COURT: Mr. Wadding?
2 MR. WADDING: Thank you.
3 REDIRECT EXAMINATION
4 BY MR. WADDING:
5 Q. You indicated that the defendant had stated
6 that he was consoling his wife because her mother was ill
7 in the hospital --
8 A. Yes.
9 Q. -- is that correct? And did you have the
10 impression that they had just learned that news?
11 MR. CORRELL: Excuse me, Your Honor. I'm
12 going to object to the form of the question. That's that
13 the impression of the witness is not proper questioning.
14 That calls for speculation.
15 COURT: If you know, you can answer.
16 A. No, I don't know.
17 Q. Did they ever indicate to you -- did he
18 indicate to you that they were going home so that they
19 could go to the hospital to see his wife's mother?
20 A. No, they didn't.
21 Q. Indicate that they were in a hurry because
22 the defendant's wife's mother was ill?
23 A. No.
24 Q. Have you ever given the implied consent
25 procedures before?
1 A. Yes, I have.
2 Q. And about how many times have you given them?
3 Just approximately.
4 A. Thirty. I -- give or take. I -- I don't
5 know how good of a number that is, but roughly.
6 Q. Get the impression that people understand
7 what you're talking about when you read the implied
9 A. Yes, I do.
10 Q. And some of those people have been found to
11 be in -- over the legal limit?
12 A. Yes, they have.
13 Q. Is it unusual in your mind for a person to
14 understand the implied consent procedures and may be
16 A. No. I wouldn't say it's unusual for them not
17 to understand. Some may ask questions and -- you know,
18 real simple, brief questions before they make a decision
19 on what they want to do.
20 Q. And, in fact, didn't Mr. Rokes ask you some
21 questions about the implied consent procedures?
22 A. After the fact, after he had signed them.
23 Q. And how would you describe Mr. Rokes after he
24 signed the implied consent procedures and he started
25 asking you questions about it?
1 A. He just asked some questions about -- I hate
2 to bring this up again, but he initially asked questions
3 about the PBT and -- but after that just asking, you
4 know, what he had just signed, you know, what that dealt
5 with, and I explained it to him.
6 Q. And didn't -- didn't you describe Mr. Rokes
7 as appearing to be edgy and disoriented?
8 MR. CORRELL: Excuse me. That is leading,
9 Your Honor.
10 COURT: Sustained.
11 Q. After Mr. Rokes had given permission to take
12 blood, he asked you some questions; is that correct?
13 A. Yes.
14 Q. And when he asked you those questions, did
15 you make any observation about how he appeared?
16 A. He appeared to me that he may be having
17 second thoughts. However, I don't know Mr. Rokes, so
18 I -- you know, his mannerisms or what not. That's the
19 way I perceived it. But he didn't make a big stink about
20 it. He just said, I just was curious, and, you know,
21 that's about it.
22 Q. Do you recall how you described him?
23 A. Described him?
24 Q. Yes.
25 A. Oh, god. I don't know if I really have any
1 description for him. I mean, just asking questions
2 and -- but just the way he was asking them just kind of
3 appeared that he maybe was having second thoughts, but
4 beyond that I can't really give more of a description.
5 Q. Okay. Are you just not having a recollection
6 of how you described him?
7 A. I -- you know, I remember him sitting there
8 asking. I -- but I don't remember, you know, as far as
9 any facial expressions or maybe the tone of voice. You
10 know, I don't think it was a -- it wasn't anything
11 extreme any --
12 Q. Would your report assist you in remembering
13 how you described him?
14 A. It could. I think I described pretty much
15 the way I had in my report if I remember right, but I
16 could refer back to it if there's anything I missed.
17 Q. I'm asking that you take a look at your
18 report and review it to yourself and let me know when
19 you're done.
20 A. Okay. (Complied.) Okay. Yes, I do have
21 him --
22 Q. Do you recall how you described him?
23 A. I described him as edgy.
24 Q. Okay. Anything else?
25 A. Nothing more.
1 Q. You don't recall describing him as being
3 MR. CORRELL: Excuse me, Your Honor. I'm
4 going to object. This is leading.
5 COURT: Sustained.
6 MR. WADDING: I think it's a pretty direct
7 question, Your Honor. I don't know that it's leading.
8 COURT: Well, you hadn't finished your
9 question, but it appeared as though you were leading him.
10 Q. And were you aware that a statement was later
11 taken of the defendant?
12 A. I believe so, yes.
13 Q. And who -- do you recall who took that
15 A. Oh, I don't. I'm guessing maybe Todd Wilson,
16 but I don't know for sure.
17 Q. Okay. And at the time that you left the
18 hospital, was this still a pending investigation?
19 A. Yes, it was.
20 Q. And had you received the results of the blood
21 sample at that time, at the time you left --
22 A. No, we hadn't.
23 MR. WADDING: That's all the questions I
24 have. Thank you.
2 BY MR. CORRELL:
3 Q. Mr. Michael, isn't it a fact in your report
4 that you say Tracy Rokes, and I'm going to use your exact
5 words, and follow me, correct me if I'm wrong, but "Tracy
6 Rokes was cooperative and fully coherent while answering
7 questions from the nurse." Isn't that exactly the words
8 from your report?
9 A. Yes, it is.
10 Q. And that observation would have been made
11 some time between 11:25 and 11:43, would it not?
12 A. Yes.
13 Q. Okay. Thank you, sir. That's all.
14 COURT: Mr. Wadding?
15 FURTHER REDIRECT EXAMINATION
16 BY MR. WADDING:
17 Q. Well, did your report -- did you state in
18 your report anything in reference to the defendant not
19 being coherent?
20 A. No.
21 Q. You don't recall making any statements like
23 A. No. There was nothing -- no. He was
24 coherent. I mean, you know, he asked questions. He
25 was a little edgy, you know, after he had already
1 signed. But beyond that, I mean, everything, he was
2 cooperative --
3 Q. What do you mean by edgy?
4 A. Just, you know, having, like I said, possibly
5 second thoughts.
6 Q. Did he appear apprehensive?
7 A. A little bit, but it -- it didn't last very
8 long. I bet I would say that this only lasted maybe a
9 minute in that time.
10 MR. WADDING: I don't have any other
12 COURT: Mr. Correll?
13 MR. CORRELL: Nothing further.
14 COURT: Thank you. How do you spell your
15 last name?
16 WITNESS: M-I-C-H-A-E-L.
17 COURT: Thank you.
18 MR. WADDING: May I approach?
19 COURT: Sure.
20 (At which time a discussion was held off the
21 record between the court and counsel.)
22 COURT: We'll take five minutes and reconvene
23 at 2:55 -- or 1:55.
24 (At which time a recess was taken at
25 1:50 p.m., May 13, 1997; and proceedings commenced at