TIMELINE


About blood\breath tests

Tracy Rokes
1:00--1:15 p.m. lunch at McDonald's (Mason City) had the super size meal deal (what else?)

1:15 --2:30 p.m. returned to site (a remodeling job) and then when to the hospital

2:30--3:15 p.m. at hospital saw mother-in-law and spoke to doctor

3:15--3:30 p.m. back to site delivered checks and left for CF

3:30--5:00-5:15 p.m. got home (stopped once for gas and a pop [diet?] and candy bar)

6:30--7:15 p.m. baby sitter arrives (baby sitter, Jennifer S. doesn't remember any better, but she thinks it was more like 6:30 to 7:30)

7:30--7:45 p.m. left home

8:00 p.m. arrive at Broosters

10:30--10:45 p.m. last beer and walks out of Broosters

11:00 p.m. Crash

11:30 p.m. hospital calls Rokes' home and speaks to the baby sitter

10-04-96

11:30 p.m. hospital calls Rokes' home and speaks to the baby sitter

01:00 am Delonna Rokes calls Connie Young from the hospital.

8:00 am Scott Braun calls and talks with Tracy Rokes about the crash

Delonna Rokes

TRokes home about 6:30 p.m.

TRokes told her light was green.

11:30 p.m. Delonna called the baby sitter from the hospital

1:00 am Delonna called Connie Young from the hospital asking for neighbor's phone number.

1:03-5 Delonna calls neighbor to go to house and relieve baby sitter.

Tracey Braun

At Rokes' house most of afternoon

6:00-6:15 p.m. around Tracey Rokes comes home

6:30 p.m. or so Scott Braun arrives called sitter and went to pick her up

7:00 p.m. picked up baby sitter after that left to eat at Rudy's Taco's

8:00 p.m. left Rudy's for Broosters

8:15 p.m. Arrived at Broosters

10:45 p.m. left Broosters for home, thought Tracy wasn't drunk, Delonna was drunker

Scott Braun (Owns his own business customizes, paints and details vehicles in Cedar Falls.)

6:00 (maybe 5:45 SBraun wasn't watching the time) arrive at Rokes' house, TRokes there when he arrived

6:15 left for home

6:30 p.m. baby sitter came

6:40--6:45 p.m. left 10 to 15 min after baby sitter arrived

7:00 p.m. arrived with wife Lisa (bet she's wife #2, at least)

8:00 p.m. left Rudy's Taco's for Broosters

8:15 p.m. arrived at Broosters

10:40-45 p.m. left Broosters right after Scott noticed Delonna was upset (the Delonna had been crying when they left Broosters.)

23:00 11:00 arrived home

10-05-96

8:00 AM Scott Braun calls Tracey Rokes talks with him about the crash.

Craig Young (Pharmacist at Walgreens in Waterloo)

6:30-6:45 p.m. left house with Connie

7:00 p.m. arrived at Broosters (were the first to arrive)

7:20 p.m. Bradfords arrived at Broosters

7:45 p.m. Rokes' arrived at Broosters

8:00 p.m. Braun's arrived at Broosters

10:45 p.m. left Broosters, stopped by McDonald's on way home

Connie Young (Teaches in Waterloo, second grade, was pregnant, having baby Nov. 21, 1996. They live three blocks from Rokes')

4:30- 4:45 p.m. arrived at Rokes' from school

5:30-6:00 p.m. went home, but Rokes was at his house when she left.

6:30-6:45 p.m. left house with husband

7:00 p.m. arrived at Broosters (were the first to arrive)

7:20 p.m. Bradfords arrived at Broosters

7:45 p.m. Rokes' arrived at Broosters

8:00 p.m. Braun's arrived at Broosters

10:45 p.m. left Broosters, stopped by McDonald's on way home

1:00 a.m. DRokes calls Connie Young, says they were in an accident and they are fine

10-6-96

??? Connie calls Rokeses and asks about the crash.

2:30 p.m. Connie and Craig visit with Delonna and Tracy Rokes at the Rokes' house.

Bill Bradford (works for United States Cellular)

7:15 p.m. left for Broosters

10:15 p.m. left Broosters

10:25 p.m. got home as the 10:00 news ended

 

Lisa Bradford (works at part-time at GMAC)

7:00 p.m. sitter came to their house

7:15 p.m. left for Broosters

7-15--7:30 p.m. arrived at Broosters

8:00--8:30 p.m. Rokes' arrived

10:00 p.m. They left Broosters

 ****

10:00 p.m. Greenhill lights start to flash; the road was flat, the night was dry, clear

10:20 p.m. Bill and Lisa Bradford leave, Lisa says about 10:00 (looked at watch)

10:40 to 10:45 p.m. Scott and Tracey Braun leave Broosters, Tracey says 10:40

10:45+ p.m. Rokes' leave walking about behind Youngs

10:45+ p.m. Youngs leave Broosters, Connie says 10:45

11:00 p.m. Crash

11:01 p.m. DRokes looked up when Tracy said "oh shit."

11:01 p.m. Jennifer Girsch looks at car's clock after crash

11:02 p.m. Jennifer Girsch calls 911 on cell phone

Rokeses leave their vehicle. They are trying to hold each other up. Delonna lays down in the street, they were staggering and slow moving (Girsch). TR pulls her up by her jacket (Grisch). EBrasfield hears DRokes giggle. Thought she was giddy from the crash. Grisch takes them to the other north side of Greenhill and has them sit down to wait.

11:03 p.m. Officer Michael gets call from dispatch about crash on Greenhill and Hwy 58

11:03 p.m. Diane Venenga dispatched to Greenhill, had other collision to finish

At some point Delonna goes over to the Farrell vehicle to check on the girls. Delonna comes back and Girsch hears them whispering. Grisch says Rokes said it was his fault, not paying attention. Emily says they were mumbling. Emily heard Rokes say" I only had a few drinks. I guess it was my fault." After this Delonna tells TR to "shut up, shut up" and tries to keep him from getting up by pulling him down when he gets up. He has slurred speech and is talking fast. Girsch can't make out what he is saying as she is not standing next to Rokes. She does hear something about someone's mother. DRokes crying. DBrasfield says Rokes were staggering, trying to hold each other up and arguing. Heard TRokes say he was sorry and that he'd had a few drinks.

11:04 p.m. Robert Michael at scene. Michael walks over to the Rokes' to check on them. TRokes tells Michael he didn't see the flashing red light, he didn't feel the effects of a few drinks; was consoling his wife about her mother.

11:05 p.m. Cedar Falls Fire Department contacted

1:07 p.m. Cedar Falls Fire Department at scene

11:08 p.m. David Zarifis arrives then leaves left right after Fire Department arrived and stays there about 3 minutes.

11:10 p.m. Diane Venenga at scene (approx.) Rokes tells Venenga that he didn't see the other car until the last second.

11:15 p.m. Todd Wilson notified at Deery's where he is a night watchman.

At some point between 11:01 p.m. and 11:19 Delonna Rokes goes over to the Farrell vehicle and asks how the occupants are. She then goes back to where Tracy Rokes is standing/sitting on the median on Greenhill Road.

11:19 p.m. Ambulance arrives at scene which takes Tammy and Rokes' to Sartori. Tammy has a seizure or convulsion in the ambulance on the way to Sartori.

11:25 p.m. Tracy and Delonna Rokes in ambulance with Tammy arrive at Sartori. Tammy has another seizure or convulsion at Sartori. The decision is made to transport her to Covenant.

11:30 p.m. Todd Wilson arrives on scene (approx. he went to CFPD to pick up some stuff) Ambulance leaves for Sartori with Juli in it.

11:30 p.m. MLamb starts taking notes on TRokes; Rokes tells her he was going 50 mph; tells her he wasn't wearing a seat belt; talks about mother-in-law. Delonna doesn't leave TRokes side except to make some phone calls.

11:30 p.m. DRokes calls JStiehl (baby sitter) says they will be later than expected

11:30 p.m. +/- DRokes calls a neighbor to go over and stay with kids so Stiehl can go home

11:35 p.m. Ambulance arrives at Sartori with Juli

11:41 p.m. Rokes given a PBT at Sartori by Anderson (PBT just under .10)

11:43 p.m. Anderson requests blood specimen of Rokes

11:45 p.m. Jim Cook draws Juli's blood (not a legal blood draw) No Alcohol

11:55 p.m. TRokes admitted to Sartori hospital

11:58 p.m. Sartori contacts Wanda Farrell at home, also tell her they can't get a hold of the Kleinheksels

12:00 am +/- Sartori calls JStiehl and tells her Rokes' were in an accident (few minutes after the first call)

12:15 am Wanda Farrell at Sartori, I fill out some paperwork and they photocopy my insurance card. I am then told to wait in a lounge

12:20 am Jim goes through intersection, sees the police and can't turn down Greenhill, goes up to Ridgeway instead.

12:20 am Tracy Rokes begins his BAC test it takes 8 minutes and is completed by 12:28 am done by Renee Whitlatch.

12:23-7 am Michael tells me what happened. I ask where did it happen. Michael says it wasn't Juli's fault. He writes up a report asking for addresses, phone numbers, names. I ask about Kristina, he only knows about Tammy and Juli. He asks me where they were going. I know they were going to take Kristina home. Michael leaves.

12:28 am A woman (hospital employee) comes in asking for the Kleinheksels.
Blood draw on Tracy Rokes is finished. The sample reads .120 whole blood done on October 7.

12:30 am Kleinheksels arrive. I've never met them. I tell them as much as Michael told me.

12:30 +/-1:00 am TRokes tells Venenga and Wilson he thought he had a green light, they (lights) were not flashing. Didn't notice the flashing lights until after the accident; DRokes didn't know what the lights were doing; she was upset about her mother's illness and was not paying attention. (Venenga's report). That it was too late to step on the breaks (police report). Venenga says Rokes told Wilson he had "one too many to drink." Bloodshot watery eye and an odor of alcohol from both Rokes. Venenga noticed Rokes balance was unsteady. Wilson states Rokes had a blood shot watery eye, flushed face, said he had too much to drink.

12:34 am Hospital person comes in and has them sign some paperwork to admit Tammy. Lyle tells Rose to fill it out and sign it.

12:37 a.m. Nurse comes back and says they are going to transport Tammy to Covenant. She had a seizure in the ambulance and was unconscious for awhile, she has a head injury. Rose and Lyle leave immediately.

1:00 am Tracy Rokes talks with Sgt. Wilson "Though he had a green light."

1:00 a.m. DRokes calls Connie Young, says they were in an accident and they are fine.

1:01 a.m. CD Fire Department out of service.

1:20 a.m. Jim and Peggy show up in the emergency room.

Doctor run some more tests or x-rays on Juli then get her a room and she is settled in the room by approximately 3:00 am I leave at about 3:15 or 3:20 am Jim is going to stay the night, I will be back in the morning, then Jim can go home. He said he probably couldn't sleep anyway. I wasn't sure I could either.

8-9:00 a.m. Scott Braun calls the Rokes' and talks to Tracy. TR says he thought he had a green light.

9:30 or 10:00 am TRokes calls and talks to Tracey Braun. Tells her he was in an accident. They are O.K.; they were taking Greenhill home and Delonna was crying. He swore he had a green light.

10:00/11:00 a.m. Delonna calls Youngs and tells them they were in an accident.

2:45 p.m. Talked about the light flashing or not (p24). I remember Tracy thinking thinking he had a blinking--a blinking light. I mean, he didn't really tell me that much, you know, (p29).

5:45 p.m. Juli dies at Allen

7:00 p.m. Cedar Falls Police Department calls Rokes' wants them to come down to make a statement.

7:15 p.m. T and DRokes at CFPD to give statements to Todd Wilson, after Juli died.

7:45 p.m. CFPD signed statement--saw a green light for east west traffic; was going 40-45 mph. Delonna said her only injuries were sore and stiff shoulders (Venenga, p5)

5/21/97 TRokes says he didn't see the light because I was turned and didn't see the road. p862, 9.

p904, 9 didn't know--didn't see the light

10/7/96 Blood test from Sartori .120 plasma blood.

10/30/99 Blood test completed at the DCI .087 whole blood.

11/10/98 deposition--saw red light go off and did not see see a green light. Drove near the speed limit. Looking at wife holding hand and not paying attention. Interning the intersection, you didn't see Juli as you approached. Admitted the accident was your fault. He knew he'd gone through a red light and and assumed some responsibility, yes. Told the officers at Sartori he'd had one too many. (no answer, objection.)

12/14/98 Lisa Bradford remembers Delonna told her a car coming at them. Wasn't clear about what happened p25, 7.

12/16/98 Tracey Braun's deposition: P 31 "And he looked up, I think he said he thought the light was flashing yellow, and he said that's when he hit the car." Page 37: in her statement to the police, she states TRokes told her the light was green. P40 "I may have had a conversation with Tracy about how he thought--how he had said that maybe the light was flashing and he didn't know it."

2/97 Baskerville does his report. He later testifies (civil) he didn't read the eyewitnesses reports for the crash. He didn't know the other witnesses believed Rokes was going too fast. What kind of accident investigation did he perform? Why would you believe the defendant, he has everything to gain by lying. Why take his word for anything?

4/14/99 Considered Juli negligent in amendment to interrogatories. Rokes--no. Looked like he didn't know or remember this.

4/ /99 Yagla: When did you become aware the light was red? First noticed red light when he (Rokes) exited his car at the scene--why tell the police the light was green, you knew that Juli Farrell died.

None of the eyewitnesses said Delonna was crying or looked as if she had been crying when she got out of the vehicle.

Rokes was in the SUV he sits up higher than anyone else, he had the best view of the situation. He stated he didn't look up from Cedar Heights intersection to Hwy 58 intersection some 25 to 30 seconds. Also, remember this was Rokes "home run" he went this way several time per week, by his own admission.

 

The Tracey Braun about when Tracy Rokes got home, Tracey Braun had been there most of the afternoon.

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. Page 735. Where was he?

 

Marti Lamb states Tracy Rokes told her he wasn't wearing his seat belt.

Tracy Rokes testimony page 832:

15 Q. And when you got back into the city of Cedar

16 Falls, approximately what time would that have been?

17 A. It had to be in the 5, 5:15 range.

18 Q. And when you got there, did you go to your

19 business, or did you go home first?

20 A. I went directly home.

TR about Delonna: Page 857

20 A. She basically was -- she was obviously in the

21 right side. She was basically leaned over onto the

22 armrest. These were bucket seats. She had her head down

23 on the armrest and was looking down and crying, yes.

The witnesses said that he attempted to swerve.

About the blood\ breath tests:

Date

Time

Reading

Conversion

0.014% per hr.

0.020% per hr.

2 hours earlier 0.014%

2 hours earlier 0.020%

10/04/96 (PBT)

11:41 p.m.

0.90 - 0.99

PBT 10-20% for undervaluation 0.99 - 0.108

0.113 - 0.122

0.119 - 0.128

0.127 - 0.136

0.139 - 0.148

10/04/96 (PBT)

11:41 p.m.

0.90 - 0.99

Unconverted

0.104 - 0.113

0.110 - 0.119

0.118 - 0.127

0.130 - 0.139

10/05/96

(Blood Plasma)

00:28 a.m.

0.120

Decrease by 10-17% for whole blood conversion

(Jensen .102)

0.103 - 0.109

0.117 -0.123

(Jensen .116)

0.123 - 0.129

(Jensen .122)

0.131 - 0.137

(Jensen .130)

0.143 - 0.149

(Jensen .142)

10/05/96
10/30/96 Whole Blood (completed) 4 tests lowest is 0.087

0.087 - 0.091

Unconverted

0.101 - 0.105

0.107 - 0.111

0.115 - 0.119

0.127 - 0.131

Jensen converted the .120 BAC hospital plasma by decreasing it by 15% to .102. (Page 38 civil trial deposition.)

Bederka's Report: Results of the BAC Calculations:

The Plasma Alcohol Value of 120 mg/dl (0.125%) when corrected for the conversion to a Whole Blood Equivalent value affords a range of 103-109 mg/dl (0.103-0.109%) at the drawing time of 00:28 on October 5, 1996. Thus, the BAC Profile of Mr. Rokes back to the time of the accident is probably as follows:

BAC Range (%)

Date

Time

0.014% per hr.

0.020% per hr.

10/05/96

00.28

0.103 - 0.109

0.103 - 0.109

10/04/96

23:2 8

0.117 - 0.123

0.132 - 0.138

10/04/96

22.58

0.124 - 0.130

0.147 - 0.153

 

updated 12/29/16