6 MR. WADDING: Yeah. Tamara Kleinheksel, Your

7 Honor.

8 TAMARA ROSE KLEINHEKSEL,

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

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

11 follows:

12 COURT: Please state your full name, please.

13 WITNESS: Tamara Rose Kleinheksel.

14 COURT: How you do spell your last name?

15 WITNESS: K-L-E-I-N-H-E-K-S-E-L.

16 COURT: Thank you. Mr. Wadding.

17 DIRECT EXAMINATION

18 BY MR. WADDING:

19 Q. Ms. Kleinheksel, where do you go to school?

20 A. Hudson Community.

21 Q. What year are you in?

22 A. A senior.

23 Q. Okay. And are you employed right now?

24 A. Yes, I am.

25 Q. Okay. And where do you work?

435

1 A. Happy Joe's on Kimball.

2 Q. And how long have you worked at Happy Joe's?

3 A. Almost two years in June.

4 Q. And were you involved in an accident on

5 October 4th, 1996?

6 A. Yes, I was.

7 Q. And do you know who was operating the vehicle

8 that you were in?

9 A. Juli Farrell.

10 Q. Okay. And who is Juli Farrell?

11 A. One of my friends.

12 Q. And whose vehicle were you in?

13 A. Hers.

14 Q. Do you remember what kind of vehicle that

15 was?

16 A. It was a blue four-door car.

17 Q. And how did you know Juli Farrell?

18 A. I went to school with her, and I also work

19 with her -- worked with her.

20 Q. And did you guys -- did you and Ms. Farrell

21 socialize together?

22 A. Yes, we did.

23 Q. And how long had you been socializing

24 together?

25 A. For a year -- more than that.

436

1 Q. Pardon me?

2 A. More than that. Just off and on.

3 Q. And do you recall what -- who else was in --

4 excuse me. Who else was in the vehicle with you that

5 night?

6 A. One of my other friends, Kristina Hill.

7 Q. Do you know where you were situated at the

8 time of the accident?

9 A. In the back seat.

10 Q. And do you know where anybody else was

11 situated?

12 A. Juli was driving, Kristina was in the

13 passenger seat.

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

15 COURT: You may.

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

17 State's Exhibit "J", marked for identification, ask if

18 you recognize that?

19 A. Yes. That's Juli.

20 Q. Okay. Is that a photograph of Juli Farrell?

21 A. (Nodding.)

22 Q. Is that the driver of the vehicle on the

23 night you got in the car accident on October 4th, 1996?

24 A. Yes.

25 MR. WADDING: Ask that State's Exhibit "J" be

437

1 entered into evidence, Your Honor.

2 COURT: Any objection?

3 MR. CORRELL: No objection.

4 COURT: "J" is admitted.

5 Q. Now, the --

6 MR. WADDING: May I approach?

7 COURT: You may.

8 Q. Do you want me to put this away?

9 A. No. I want it.

10 Q. Do you want a glass of water?

11 A. No.

12 Q. What were you and Juli and Kristine doing

13 that night?

14 A. I went over to Kristina's house where Juli

15 was, and we got in her car, went to Hudson to a local

16 restaurant with another friend of ours who were working,

17 and we were going to go to her -- the house that she was

18 house-sitting to watch a movie. And then so she wasn't

19 off work, so Juli, Kristina and me left and went down

20 University for awhile and then went to the Maple, the

21 bowling alley, and then -- and Wendy paged Kristina and

22 told us to meet her at the house, and so we left there

23 and went to the house and watched a movie. And we --

24 we -- Juli had to be home by 11 because she was sick, and

25 so we went to University a couple of times before we had

438

1 to go home, and then we left -- we left and went there

2 and then came home.

3 Q. And you said you went to University a couple

4 of times. What do you mean by that?

5 A. It was a thing where you cruise, you go

6 around it.

7 Q. Okay. And is that -- I mean, how old were

8 you at the time of the accident?

9 A. Seventeen -- I mean, 18. I'm sorry.

10 Q. And how old was Juli Farrell?

11 A. Sixteen.

12 Q. And what year in school was Juli Farrell?

13 A. She was a junior.

14 Q. And what about Kristina Hill?

15 A. A junior.

16 Q. And is that something that high school

17 students commonly did, was go down University?

18 A. Uh-huh.

19 Q. And do you remember -- at that time do you

20 remember the positions that everybody was in, that Juli

21 was the driver and Kristine was the passenger and you

22 were in the back seat?

23 A. Yes. Because I remember when we were leaving

24 the house, Kristina called shotgun, which means to ride

25 in the front.

439

1 Q. And do you recall being up on Highway 58

2 then?

3 A. Not really, because I've been on it like so

4 many times.

5 Q. You don't specifically recall getting up on

6 that highway?

7 A. Not that night.

8 Q. Do you recall -- do you recall the accident

9 itself?

10 A. No.

11 Q. Do you know, after the accident, do you know

12 what kind of treatment that you received?

13 A. I woke up in Iowa City, and I couldn't talk

14 very much because I had these wires in my teeth, and they

15 told me that I had brain -- this brain pressure thing on

16 my head, because that's why I had my head shaved and --

17 Q. Do you know how -- when you woke up in Iowa

18 City?

19 A. No. I -- I'm guessing a week after it

20 happened.

21 Q. And did they -- did -- do you know what kind

22 of injuries you received?

23 A. Yes. I had a broken nose, broken pelvis, a

24 broken wrist and a broken tooth.

25 Q. Anything else?

440

1 A. Broken pelvis, broken wrist, yeah.

2 Q. Did you have -- did you have any effect to

3 your brain at all?

4 A. Oh, I had brain damage, because I hit it, and

5 they had to measure my pressure, so I have brain damage

6 now.

7 Q. Now, are you going to -- are you graduating

8 from high school this year?

9 A. I don't really know. I mean, I -- I do -- I

10 am, but I'm missing school like right now, and I might

11 have to -- one of my teachers told me that I might have

12 to go back for -- graduate with my class, but go back for

13 a week and make it up so that I know that I'm graduating.

14 Q. Okay. Now, in order for you to graduate, did

15 you get any assistance?

16 A. Yes. I went into the resource room, which is

17 with Area VII, to help me make up all my classes and help

18 me with classes I'm in now.

19 Q. And were you having any difficulty in school?

20 Were you having any difficulty with any of those

21 abilities?

22 A. I -- I can't like remember very well, because

23 I have like memory loss, and I just can't comprehend what

24 they say sometimes, and sometimes I can't see very well,

25 because when I first came back, I had to have this blue

441

1 shape of paper over my -- what I'm reading so the letters

2 stand out more better, but I'm kind of -- I guess I'm

3 used to how I see, so I don't use it anymore.

4 Q. I mean, I know it's hard -- ask you to

5 describe how you see.

6 A. I don't know. It's just -- it wasn't as

7 clearly as I did before the accident.

8 Q. Okay. It's different from before the

9 accident? Did you get help from Area VII before the

10 accident?

11 A. No.

12 Q. And were you, you know, well on your way to

13 graduating from high school?

14 A. Uh-huh. I was planning to -- I thought about

15 graduating early, but there wasn't a chance of it now.

16 Q. You had enough credits that you could have

17 graduated early?

18 A. Uh-huh.

19 Q. Do you know how long you stayed down in Iowa

20 City -- at Iowa City?

21 A. No. But I know I was here in Waterloo for

22 Halloween, so a couple of weeks, I guess.

23 Q. Pardon me?

24 A. A couple weeks to three weeks, I guess.

25 Q. Thank you.

442

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

2 questions.

3 COURT: Mr. Correll?

4 MR. CORRELL: I have no questions.

5 COURT: Thank you.

6 MR. WADDING: That's all the witnesses I have

7 for today, Your Honor.

8 COURT: Okay. Have anyone ready at 9 o'clock

9 tomorrow morning?

10 MR. WADDING: Pardon?

11 COURT: 9 o'clock tomorrow morning?

12 MR. WADDING: Yeah.

13 COURT: Could we meet in chambers at the

14 conclusion today just to kind of -- for rescheduling

15 matters?

16 MR. CORRELL: For rescheduling matters.

17 COURT: All right. We'll reconvene at

18 9 o'clock in the morning. Thank you.

19 (At which time a recess was taken at

20 3:50 p.m., May 14, 1997.)

21

updated 08/13/10