See also: Tracey Braun CFPD Report
See also:
Tracey Braun Civil Trial Deposition


(Pages 734-756)





2 called as a witness on behalf of the defendant, being


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


4 as follows:


5 COURT: Mr. Correll?


6 MR. CORRELL: Thank you.






9 Q. Will you state your name, please.


10 A. Tracey Braun.


11 Q. And are you the wife of Scott Braun?


12 A. Yes.


13 Q. And what is your address?


14 A. 721 Fireside Drive, Cedar Falls.


15 Q. And are you employed outside the home?


16 A. No.


17 Q. Do you have any children?


18 A. Yes. One.


19 Q. And what's that child's name, and how old is


20 that child?


21 A. Alec Braun, and he's -- he'll be two next


22 week.


23 Q. Do you know Tracy Rokes and his wife,


24 Delonna?


25 A. Yes.




1 Q. How did you come to meet them?


2 A. Through a mutual friend.


3 Q. Okay. And which of those two people did you


4 meet first?


5 A. Tracy.


6 Q. And have you become friends of Delonna over


7 the course of the years?


8 A. Yes.


9 Q. I'm going to turn your attention to Friday,


10 October 4, 1996, and I would ask you if you had an


11 occasion to be in the Rokeses' home on Friday, October 4,


12 in the late afternoon, early evening hours?


13 A. Yes.


14 Q. Who was -- else was in that home besides you?


15 A. Connie Young and Delonna and myself. Later


16 on Tracy came home.


17 Q. Okay. And did your husband, Scott, also come


18 to the home?


19 A. Yes, after Tracy came.


20 Q. With regard to observing Tracy Rokes in the


21 home, first of all, about what time do you think it would


22 have been that he got there?


23 A. I would say maybe around 6 o'clock or so.


24 Q. And when he was there, did you observe him


25 come into the home?




1 A. Yes, I did.


2 Q. What, if anything, did you observe him do


3 once he got into the home?


4 A. He came in and came around the kitchen bar


5 area where we were sitting and came around and talked to


6 Delonna about her mother. He had come from Mason City


7 working, I believe, and talked to her for a little bit


8 about her mom. And then I remember he went in, opened up


9 the fridge, got a pop and went and sat on the couch.


10 Q. And did your husband, Scott, come home -- or


11 come over to the Rokeses' home at some time while you


12 were still there then?


13 A. Yes, he did.


14 Q. And about how long did Scott stay, would you


15 estimate?


16 A. Maybe a half hour or so.


17 Q. And at any point in time while you were there


18 did you ever observe Tracy Rokes consume any type of


19 alcoholic beverage in that home?


20 A. No.


21 Q. Would you have had an opportunity to see that


22 had he done so?


23 A. Yes.


24 Q. During the time -- or prior to the time that


25 he got there, had there been any conversations between




1 yourself and Delonna about going out that evening?


2 A. Yes.


3 Q. And will you tell the court what those


4 discussions were?


5 A. We just -- we just decided that we wanted to


6 go out. Our husbands didn't know that we wanted to go


7 out for the evening, so when my husband got there, we


8 just basically asked them if they wanted to go out.


9 Q. And did they agree to go out that evening?


10 A. Yes.


11 Q. When you left from the Rokeses' home, did you


12 leave with Scott?


13 A. Yes.


14 Q. And would you -- when you left the Rokeses'


15 home, where did you go?


16 A. We went home.


17 Q. And did you and Scott then make arrangements


18 or decide to go out to eat yourselves?


19 A. Yes. We -- I called from the Rokeses' to get


20 a babysitter for our son, and then we decided to go out


21 to eat after --


22 Q. About what time would it have been that you


23 guys left your house to go out to eat?


24 A. We arranged for a babysitter around 7, so I


25 would say a little after that.




1 Q. And when you -- do you recall where you went


2 to eat at this point in time?


3 A. We went to Rudy's Tacos.


4 Q. And is that a Mexican restaurant in Waterloo?


5 A. Yes.


6 Q. Did you go there and have a meal?


7 A. Uh-huh, yes.


8 Q. About what time would it have been that you


9 left Rudy's?


10 A. I would say around 8 o'clock.


11 Q. Did anybody go to Rudy's Tacos in addition to


12 you and your husband, Scott?


13 A. Nobody that we were with later on in the


14 evening.


15 Q. When you finished your meal at the


16 restaurant, where did you then go?


17 A. To Brooster's.


18 Q. And were -- was that for the purpose of


19 meeting the people that you previously told us about?


20 A. Yes.


21 Q. When -- when you got there, were the Rokeses


22 there, the Bradfords there, and the Youngs there?


23 A. Yes.


24 Q. Tell us what you did once you -- once you got


25 there.




1 A. We walked in and noticed that at the end of


2 the bar, the far end, were the people that we were going


3 to meet, so we walked through the bar. All the guys were


4 standing up by the bar. The girls were sitting down, so


5 I went and sat with the girls, and Scott went and stood


6 and talked to the guys.


7 Q. When you were talking to the girls, I'm


8 assuming that that included Delonna; is that correct?


9 A. Yes.


10 Q. And did you see her consume any beer or


11 alcoholic beverages in there?


12 A. Yes.


13 Q. When you were in the Brooster's side, did you


14 see Tracy Rokes consume any type of alcoholic beverage?


15 A. Yes.


16 Q. And what did you see him consume?


17 A. Beer.


18 Q. Do you know -- did you keep track, or did you


19 know how many beers --


20 A. No.


21 Q. -- he was consuming?


22 A. No.


23 Q. When you were in the Brooster's side of that


24 building, did you ever observe anything about Tracy Rokes


25 that indicated to you that he had become under the




1 influence of alcohol or in any fashion intoxicated?


2 A. No.


3 Q. With regard to Delonna, was there ever


4 anything that you observed about her on the Brooster's


5 side that indicated to you that she was upset about


6 anything?


7 A. Not at that time.


8 Q. Did you then at some later point in time go


9 over to the Celebrations side of that building?


10 A. Yes. I'm not sure exactly what time we went


11 over to the Celebrations side, but there was a band about


12 to start, so we decided to all move over to the other


13 side to listen to the band.


14 Q. And when you got over there, did you, in


15 fact, stand and -- or sit and listen to the band?


16 A. I believe the girls stood by the bar, and the


17 guys were standing by a railing talking.


18 Q. Okay. Did you ever have any conversation


19 with Tracy Rokes when he and you were over on the


20 Celebrations side?


21 A. Very little.


22 Q. Was there anything about the conversation


23 that you had with Tracy Rokes that indicated to you to


24 any -- any extent that he was intoxicated or under the


25 influence of alcohol?




1 A. No.


2 Q. When you were over on the Celebrations side,


3 did you ever have any conversations with Delonna about


4 her mother?


5 A. No conversations on the Celebrations side.


6 Q. Was there ever any point in time on the


7 Celebrations side that you came -- became aware or came


8 to form an opinion that she was upset?


9 A. Just before we were getting ready to leave


10 she was.


11 Q. And what -- what was it that you observed


12 about her that caused you to know that she was upset?


13 A. She had her hands up on her -- on her face or


14 on her head and was just leaning over the bar a slight


15 bit. It looked like she might have been crying. I


16 didn't get down and get in her face. I couldn't tell


17 exactly, but she was upset, and Tracy was standing beside


18 her with his hand on her back trying to -- to comfort her


19 at that time.


20 Q. And what did you do, if anything, right


21 before you left and had seen her situation?


22 A. I just -- I gave her a pat on the back and


23 just told her to hang in there and that her mom would be


24 okay and asked Tracy if there was anything we could do,


25 and he just said no and that they were getting ready to




1 leave themselves, and we just told them that we were


2 getting ready to leave because we had to go home and get


3 our sitter home.


4 Q. And your sitter, what was -- you were


5 supposed to get home at what time for your sitter?


6 A. 11.


7 Q. When you left, did you leave at some short


8 period of time before the Rokeses?


9 A. I remembered looking at my watch, and it said


10 that it was about 20 till 11 that evening, and we


11 probably left maybe five minutes after -- after that.


12 Q. Okay. You didn't walk out the door with


13 Tracy and Delonna Rokes though; is that correct?


14 A. No, we did not.


15 Q. When you left that evening at somewhat very


16 close to 10:45, would that be correct?


17 A. Yes.


18 Q. Did you have any reason to believe that Tracy


19 Rokes was under the influence of alcohol or intoxicated


20 to any degree whatsoever?


21 A. No. If we felt he was intoxicated, we would


22 have given him a ride home. We thought he was fine.


23 Q. Okay. When you left, do you recall which


24 way -- which roadway path you took home?


25 A. We took University Avenue.




1 Q. Okay. And do you recall approximately what


2 time it was that you would have arrived at your home?


3 A. We arrived just about right on time at 11.


4 Q. Thank you.


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


6 have.


7 COURT: Mr. Wadding?


8 MR. WADDING: Thank you.






11 Q. The -- what time was it when -- when you


12 first saw the defendant on the 4th? Do you remember?


13 A. In the afternoon?


14 Q. Yes.


15 A. I would say around 6:15 or 6:30 or so.


16 Q. Okay.


17 A. I'm not exactly sure on the time.


18 Q. And you had spoken with Delonna Rokes prior


19 to that about -- about going out that evening?


20 A. Yes.


21 Q. And what -- about what time was that?


22 A. I'm not exactly sure what time.


23 Q. A couple hours earlier than the defendant,


24 than when the defendant got home or --


25 A. Maybe.




1 Q. And who -- at the time that you and Mrs.


2 Rokes discussed plans to go out, who was all involved in


3 those plans?


4 A. Delonna, myself and Connie.


5 Q. And who?


6 A. Connie Young.


7 Q. Okay. So you all three had talked about


8 going out, and this is kind of an impromptu thing?


9 A. Yes.


10 Q. And was that uncommon to just to get together


11 and go out and do something?


12 A. No.


13 Q. And this was not a special occasion; is that


14 correct?


15 A. Correct.


16 Q. And when the defendant came home, you said


17 that he spoke with Delonna Rokes about her mother; is


18 that correct?


19 A. Yes.


20 Q. And were you -- you were present at that


21 time?


22 A. Yes.


23 Q. Okay. And did you get an impression as to


24 how serious Delonna Rokes' mother's condition was?


25 A. Serious -- serious enough to upset her.




1 Q. So you got the impression that it was a


2 serious matter?


3 A. Yes.


4 Q. And had you had anything to drink at the


5 Rokeses'?


6 A. Yes.


7 Q. Of alcohol?


8 A. Yes.


9 Q. Okay. What that was?


10 A. Beer.


11 Q. And did you just have one, or how many?


12 A. I'm not sure.


13 Q. Could have been more than one?


14 A. Yes.


15 Q. And over a -- could have been more than two?


16 A. I doubt it. I -- I'm not sure though.


17 Q. You don't know?


18 A. No, huh-uh.


19 Q. Then you and your husband went to Rudy's


20 Tacos?


21 A. Yes.


22 Q. And did -- did you have a -- a beer along


23 with your husband at Rudy's?


24 A. No, I did not.


25 Q. And after Rudy's you guys went to Brooster's;




1 is that correct?


2 A. Yes.


3 Q. Were you drinking beer there as well?


4 A. Yes.


5 Q. Okay. And is that your beverage of choice?


6 A. Yes.


7 Q. And you didn't make any -- any determination


8 as to whether or not Ms. Rokes was intoxicated that


9 night, did you?


10 A. I don't understand what you mean.


11 Q. Did you have an opinion as to whether Delonna


12 Rokes was intoxicated that night at Brooster's before you


13 left?


14 A. Did I think she was drunk?


15 Q. Yes.


16 A. Yes.


17 Q. Okay. You did think she was drunk?


18 A. Yes.


19 Q. Okay. And you indicated that -- didn't you


20 also indicate to the Cedar Falls Police Department that


21 you thought that Mrs. Rokes had more -- a couple more to


22 drink than Tracy? Is that correct?


23 A. I believe so.


24 Q. But you weren't sure, it's hard to say, she's


25 so skinny and that affects her different?




1 A. Yes.


2 Q. Isn't that how you described --


3 A. Yes.


4 Q. -- the difference between the two?


5 A. (Nodding.)


6 Q. And he -- the defendant, he wasn't displaying


7 signs to you like Delonna Rokes; is that correct? He


8 wasn't crying or upset or anything like that?


9 A. No.


10 Q. And you wouldn't expect that from him either,


11 would you?


12 A. No.


13 Q. Had you ever seen him intoxicated before?


14 A. Yes.


15 Q. And what observations did you make then?


16 A. What do you mean?


17 Q. Well, what made you believe he was


18 intoxicated then?


19 A. Well, slurring his words. He was staggering,


20 talking maybe a little more than usual.


21 Q. Okay. Did you -- you talked to him a little


22 bit about the accident after it happened; is that right?


23 A. Yes.


24 Q. And that was the next day; is that correct?


25 A. Yes.




1 Q. And at that time the defendant told you that


2 he swore he had a green light?


3 A. Yes.


4 Q. And you subsequently found out that -- that


5 was actually a flashing red light; is that correct?


6 A. Yes.


7 Q. And did that surprise you?


8 A. Yes.


9 Q. Okay. Surprise you that the defendant would


10 go through a flashing red light?


11 A. Yes.


12 Q. And is that a way that you've taken home


13 before?


14 A. Yes.


15 Q. That Greenhill --


16 A. Yes.


17 Q. -- Road? Is that why it would surprise you


18 that the defendant would go through a flashing red light?


19 A. I don't understand what you're asking me


20 here.


21 Q. On your experience, have you experienced that


22 flashing red light at that intersection?


23 A. Not at that time of the evening if that's


24 what you're asking me.


25 MR. WADDING: I don't have any other




1 questions. Thank you.


2 COURT: Mr. Correll?


3 MR. CORRELL: I have nothing further.


4 COURT: Thank you.


5 MR. CORRELL: I have a couple more witnesses.




7 called as a witness on behalf of the defendant, being


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


9 as follows:


10 COURT: Mr. Correll?






13 Q. Will you state your name, please.


14 A. William James Bradford.


15 Q. And what is your address, sir?


16 A. 515 Cornwall Avenue in Waterloo.


17 Q. And are you married?


18 A. Yes.


19 Q. And what's your wife's name?


20 A. Lisa Ann.


21 Q. And where is your employment?


22 A. United States Cellular.


23 Q. Okay. I'm going to ask you if you know my


24 client, the man seated to my left, Tracy Rokes?


25 A. Yes, I do.




1 Q. And for how long a period of time have you


2 known him?


3 A. I would say probably eight to ten years.


4 Q. And during that period of time, have -- or


5 did you come to know him through his -- your wife knowing


6 his wife; is that right?


7 A. Correct.


8 Q. Turning your attention to October 4, 1996,


9 did you and your wife have any children at that point in


10 time?


11 A. Yes. One.


12 Q. And how old was that child then?


13 A. Three months.


14 Q. Okay. Was there ever any occasion on the 4th


15 of October when you came to realize that your wife had


16 made arrangements for you guys to go out that night, out


17 on Friday, October 4th?


18 A. Say that again now.


19 Q. Did you come to know that your wife had made


20 an arrangement to go out?


21 A. Uh-huh.


22 Q. And do you recall where it was you went on


23 that date?


24 A. To Brooster's and Celebrations.


25 Q. Did you go with anybody, or did you and your




1 wife just ride by yourself?


2 A. We went by ourselves, and then we met


3 everybody else there.


4 Q. When you went there, do you recall who was


5 there first when you got there, or who was there, if


6 anybody, when you arrived?


7 A. I think Connie and Craig Young were there


8 first, and then I think it was us, and then Scott and


9 Tracey Braun, and Delonna and Tracy, I believe, followed


10 us. But I think we were the second couple there.


11 Q. Okay. With regard to when you were there,


12 did you have any alcohol or beer to drink? Yourself?


13 A. While I was there?


14 Q. Yes.


15 A. Yes.


16 Q. And when Mr. Rokes and his wife came in,


17 where did they stand in relationship to where you and


18 your wife were?


19 A. In the same area. We were on the Brooster's


20 side close to the dance floor, and that's where the guys


21 congregated, and then the women congregated to a table


22 basically in the same area that we were.


23 Q. When you're at that area on the Brooster's


24 side, did you have any conversations with Tracy Rokes?


25 A. Yes, I did.




1 Q. And when you're over -- in the -- the


2 Brooster's side, did you observe anything about the way


3 he looked that indicated to you that he might be under


4 the influence of alcohol?


5 A. No.


6 Q. Was there anything about his posture, his


7 walk, his gait, that indicated to you he was under the


8 influence of alcohol?


9 A. No.


10 Q. Anything about the delivery of his speech or


11 the contents of his speech that would indicate to you he


12 was under the influence of alcohol?


13 A. No.


14 Q. What generally was it that you fellas talked


15 about, if you can recall?


16 A. The World Series was on, so we were watching


17 that. We start talking about vehicles for some reason


18 because I had just ordered a new utility -- sport utility


19 vehicle, so we started talking about those. Just


20 basically small talk. It wasn't anything of importance.


21 Q. When -- while you were over at the Brooster's


22 side, did anybody suggest that you go over to


23 Celebrations?


24 A. I think somebody did suggest it, yeah.


25 Q. And was that you that suggested that?




1 A. No. I don't know who it was. We -- whoever


2 it was led, and then the rest of us followed over there.


3 Q. And it's really one establishment, and


4 there's a Celebrations where there's --


5 A. Right. They're just adjoining.


6 Q. Okay. So when you went over there, did --


7 did you go to basically listen to the band or dance --


8 A. Right.


9 Q. -- and watch people dance?


10 A. Yeah.


11 Q. When you're over there, did you, on the


12 Celebrations side, did you continue to have some


13 communication or conversation with Mr. Rokes?


14 A. Yeah, because I was -- him and I were -- I


15 don't remember if we were standing or sitting next to


16 each other up by the bar.


17 Q. Okay. Did you have conversation with him


18 over at Celebrations?


19 A. Yes.


20 Q. Was there -- when -- when you left, what time


21 was that?


22 A. I would say shortly after 10 or 10:15 at the


23 latest, because we were home by 10:30, because I remember


24 we got home when the news was just finishing up. The


25 10 o'clock news was just finishing up.




1 Q. And could you make it home from Celebrations


2 to your house within 15 minutes?


3 A. Fifteen to 20 minutes, yeah, easily.


4 Q. At the time you left, was there ever anything


5 that you saw, heard or observed that led you to an


6 opinion that Tracy Rokes was in any way under the


7 influence of alcohol on Friday, October 4, 1996?


8 A. No.


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


10 have, Your Honor.


11 COURT: Mr. Wadding?


12 MR. WADDING: Thank you.






15 Q. This Celebrations side of Brooster's, is


16 that -- well, can you describe what was going on over


17 there?


18 A. At Celebrations?


19 Q. Yes.


20 A. There was a band. I don't remember if there


21 were a lot of people over there or not, but there were


22 some people dancing. And a couple, myself not included,


23 but a couple people did go out on the dance floor and


24 danced. Mostly we just continued with conversation.


25 Q. So this is a live band?




1 A. Yeah.


2 Q. Okay. And what kind of -- do you know --


3 remember what kind of music it was?


4 A. I don't even remember who it was in all


5 honesty.


6 Q. You characterized the night as -- the guys


7 being in one group and the girls being in another group;


8 is that fair to say?


9 A. Yeah.


10 Q. Is that just over on the Brooster's side, or


11 is that on the Celebrations side too?


12 A. No. At Brooster's we were somewhat


13 segregated, but then on the Celebrations side we started


14 commingling.


15 Q. Now, as -- when you're talking -- when you're


16 talking over at the Brooster's side, is it just general


17 talk amongst the four of you?


18 A. Uh-huh.


19 Q. About baseball and cars and stuff like that?


20 A. Just -- yeah, just general conversation.


21 Q. And you said you talked about a car; is that


22 right?


23 A. We started talking about utility vehicles


24 because I had just ordered one, and I was waiting to get


25 it in, and one of the other guys in the group, Scott




1 Braun has the same kind of vehicle that I had just


2 ordered, and we were talking about it. And Tracy and


3 Delonna had just gotten their new vehicle as well, and we


4 were just basically comparing the vehicles is basically


5 it.


6 Q. And how much contact did you have with


7 Delonna Rokes?


8 A. I talked to her briefly on the Brooster's


9 side and not much on the Celebrations side.


10 Q. And you didn't make any determination as to


11 whether she was intoxicated; is that correct?


12 A. No. I mean, I -- no.


13 Q. As a matter of fact, you didn't think she was


14 intoxicated?


15 A. Delonna?


16 Q. Right.


17 A. No.


18 Q. And you were drinking beer; is that correct?


19 A. No. Mixed drinks.


20 Q. I'm sorry. You're the mixed drink --


21 A. Right.


22 Q. What were you drinking?


23 A. Jack Daniels.


24 Q. Is that it?


25 A. No. Jack Daniels-Pepsi mixed drink.




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


2 have. Thank you.


3 COURT: Mr. Correll?


4 MR. CORRELL: I have nothing further.


updated 12/26/16