514

MR. SMITH: No further questions.

THE COURT: You may step down. The Court will recess until 1:15.

(Whereupon, Court recessed for lunch at 12:00.)

THE COURT: The Court's apologies, I had to take care of a matter in Chambers and we'll keep moving right along. Mr. Massa.

MR. MASSA: Joyce Wilson.

JOYCE WILSON, called as a witness was sworn and examined, testified as follows:

DIRECT EXAMINATION

BY MR. MASSA:

Q Please speak up and identify yourself by stating your name address (sic) for the jury?

A Joyce Wilson, R.D. 6, Jamestown, New York.

Q Is it Miss or Mrs. Wilson.

A It's Mrs. Wilson.

Q We have a large courtroom, please, speak up so the Court, Counsel, and Reporter, and particularly, the jury can hear you. Your residence is what?

A R.D. 6 Jamestown.

Q Are you a life-long native of Jamestown, New York?

A No.

Q How long have you lived there?

A Eighteen months.

515

Q At your present address?

A Yes.

Q But you lived in the Jamestown area for many years; is that correct?

A Yes.

Q I'm sorry, is it Miss or Mrs.

A Mrs.

Q Mrs. Wilson, you're not related to the victim in this tragedy, Kathy Wilson?

A No, I'm not.

Q Nor the Mark Wilson family?

A No, I am not.

Q Just coincidental you have the same last name; is that right?

(Whereupon, the witness nods her head.)

Q Are you acquainted with an individual by the name of Jay William Buckley?

A Yes.

Q Identify him for the Court and record by pointing to him.

A That is Jay right there.

Q Let the record reflect that Mrs. Wilson identified Mr. Buckley. When did you first meet Buckley?

A It was May 10, 1987.

516

Q Please speak up.

A May 10, 1987.

Q And did there come a point in time that you had a live-in relationship with him?

A Yes, he was in jail and he was going to be released in September.

Q I don't want you mentioning anything of that nature. Did he live with you?

A Yes.

Q At what period of time did he live with you?

A September 15, 1987.

Q At that time what was your family - - your own family consisted of? Did you have children living with you at that time?

A Yes.

Q How many children?

A I had my son, Roman, and daughter, Jill.

Q Roman is how old?

A He's now 15.

Q At the time he was 11 or 12?

A Twelve.

Q Where were you living at that particular period of time?

A When I met Jay I was living on Buffalo Street Extension and in September I moved to Kennedy.

517

Q Are you employed presently?

A Yes, I am.

Q By whom and in what capacity?

A Chautauqua Hardware as an insurance administrator and personnel clerk.

Q Have you worked at Chautauqua Hardware for a period of time?

A Yes.

Q How long.

A Five years.

Q So you began there in 1986; correct?

A Yes.

Q You have worked there continuously until te present date?

A Yes, I have.

Q Mr. Buckley moved in with you on September 15, 1987?

A Yes, he did.

Q How long did he remain at your domicile?

A Until November of that same year.

Q What happened at that time?

A He wasn't getting a job and I couldn't continue to support him nor could I justify to my kids.

Q Well, did he move out?

A Yes.

518

Q At your request?

A Yes.

Q Do you know where he moved?

A I believe he moved to the Bush home, John Bush.

Q And that was in November of 1987?

A Yes, it was.

MR. SMITH: May I approach the bench for purposes of submitting an objection?

(Whereupon, there was a sidebar discussion off record.)

Q Mrs. Wilson, after Buckley moved out, did you continue to see him?

A No, I did not.

Q You didn't see him at all from November of 1987 to the present date?

A I saw him only because - -

Q I want you to focus your attention in the month of May 1988, I do not want you to relate to anything in the intervening period; is that clear?

A Yes.

Q Did you continue to see Buckley after he moved out in November of 1987?

A Yes, I did.

Q On or about May 17, 1988 did you receive or have any personal contact with him?

A Yes, I was leaving for lunch and he was at the shop

519

waiting for me outside.

Q That was at Chautauqua Hardware?

A Yes.

Q What time of day was it?

A It was 12:00

Q At the noon hour?

A Yes.

Q Did you have a lengthy conversation with him at that time?

A No, I did not.

Q Did you see him at all that date which would have been Tuesday, May 17, 1988?

A What was the date again?

Q Tuesday, May 17th.

A I don't remember if I saw him after lunch time.

Q I am going to ask you to focus your attention on Wednesday, May 18, 1988, okay, did you receive a phone call from Buckley on that date?

A Yes, I did.

Q At what time?

A Five minutes of twelve.

Q What was the substance of that conversation?

A He wanted to know if I would meet him at Hill's for lunch.

Q What was your answer?

520

A I told him I was not interested and I hung up.

Q Did you have any further conversation with him that date?

A I don't believe so.

Q When did you have your next contact with Buckley?

A I believe it might have been the next day.

Q What were the circumstances?

A I don't remember how he - - it seems that we were at McDonald's and he showed up and was in the habit of showing up apparently.

Q We meaning who?

A My children and I.

Q It would be Thursday, May 19th; correct? What time of day or night?

A That was in the evening, early evening.

Q You were having dinner with your children at McDonald's.

A Yes.

Q Buckley shows up?

A I believe so.

Q Did you have a conversation with him?

A Yes, he wanted to give back some things that belonged to me.

Q Did you, in fact, continue to speaking (sic) with him at that time?

521

A Yes, I took him over the Brown house and he gave some fishing equipment and some things he had of ours.

Q Was he on foot to the best of your knowledge?

A Yes, he was.

Q And you took him from McDonald's Restaurant where he happened to run into you; is that correct?

A Right.

Q To the Michael Brown residence?

A Right.

Q Was any one with you at the time that you transported him in your car from McDonald's to Michael Brown's?

A My son.

Q Your son who?

A Roman.

Q What took place at Michael Brown's residence?

A He gave us the belongings then he asked - - I don't know if he asked Roman or if Roman asked him, but he was going to stay the night at the camp with him.

Q Let's back up one step. Do you recall what specific items he gave your?

A There was a fishing pole, I believe some tools, I can't remember it all.

Q If you can't remember, please, say that. You're at

522

Michael Brown's house, where does Buckley get these things that he returned to you?

A He had stolen them from me.

Q I didn't ask you that.

A That's the only way I can answer.

Q Let me rephrase the question. You're at Michael Brown's house, where did he get them that evening to return them to you?

A They were laying out, I believe.

Q I see.

A He was getting ready to leave.

Q Your son, Roman, is with you?

A Yes, he was.

Q You said he was getting ready to leave. Who are your referring to?

A Jay was getting ready to leave the state, he had an appearance of some sort at a trial, he was planning to move down there to get a job.

Q He says he was going to camp out?

A Right.

Q Where was he referring to if you know?

A On the hill on Willard Avenue.

Q At what had been referred to as the Buckley

523

campsite?

A I don't know what it's referred to.

Q Had you ever been there?

A Yes, I have.

Q Before May 18th?

A No.

Q After May 18th?

A I don't remember if I had been there before.

Q After May 18th?

A Yes, I was.

Q Did you continue, on occasion, to see or have communication or contact with Buckley after May 19, 1988?

A For a short time I did.

Q When did you next see your son, Roman, after you gave permission for him to spend the evening at the campsite?

A At the police station.

Q Pardon.

A At the police station.

Q When?

A That night.

524

Q The Jamestown Police Department?

A Yes.

Q By that night could it be the early morning hours of May 20th?

A I guess you might say it was, it was about 1:00 in the morning.

Q What were the circumstances which gave you information that your son was at the Jamestown Police Department?

A One of the Buckley girls called me and told me that he was there.

Q Do you remember who called you?

A No, I do not.

Q Do you know if it was Karen Camarata?

A I said I do not know.

Q You don't know whether it would have been Donna Buckley and you have no recollection?

A I don't know.

Q What did you do when you received that phone call?

A I went up to the police station.

Q Did you meet any one at that time?

A Meaning police officers?

Q Well, I will be more specific. You saw your son?

A Yes.

Q Did you see any of the Buckley sisters, Karen

525

Camarata or Donna Buckley?

A Yes, I did.

Q Which one?

A I believe both of them.

Q Did you have a conversation with either one of them at that time?

A Yes, I did.

Q With whom?

A Karen.

Q What was the nature of the conversation?

A She just said he's really done something bad this time.

Q Referring to who?

A Jay.

Q What was the next occasion you had to see Buckley after seeing him at Brown's house the early evening of Thursday, May 19th?

A I don't remember, he showed up so many times after that because he was in such bad shape, he was so distraught because the police were seeking him and they thought he did something. I thought it was the next day he came to the shop, he was sitting in my car.

Q Friday. The next day would be Friday, correct?

A Well, if that was the next day.

Q Well, you said you believed it was the next day and

526

what was the nature of that contact?

A He was sitting in my car and I took him over to Hill's and we got a cup of coffee.

Q Did you have an argument or - -

A No, he was crying.

Q - - any cross words at that time?

A No, no, he was crying, he was upset.

Q About what?

A Because the police thought he did this terrible thing.

Q What terrible thing?

A That a woman was missing and they thought he was responsible.

Q When did you learn about that?

A I believe it was at the police station that night.

Q Did there come a point in time when you learned that Buckley had attempted to commit suicide?

A Yes.

Q Was that about the end of the month?

A Yes.

Q That was Memorial Day weekend?

A It wasn't the weekend because I was on my way to work.

Q Well, did you have any communication with Buckley on that day?

527

A Well, I had moved out of my trailer and moved into my home and when I was - - I didn't have a refrigerator and my daughter was sick so I had to leave her medicine in the refrigerator of the trailer and when I was coming around the corner he was standing on the corner and I went up and got the medicine and I came back down and he got in the car and I took the medicine to my daughter, then I proceeded to take him to Falconer and I left him off outside of Falconer and he gave me a note.

Q He gave you a note?

A Yes.

Q What was the nature of the note?

A Sorry stuff, I don't really remember.

Q Did you recall after May 18th at five minutes to noon when you hung up on him having any argument with him or anything that could be construed as an argument?

A No, I just wanted him to leave me alone.

Q Did there come a point in time when he reached you by telephone and asked you whether or not or made reference in that telephone conversation as to how a person would feel if he had done something to Kathy Wilson?

A Yes, he did.

Q Would your relate that conversation to the jury?

A I have no idea when it was, it was after - - it was some time within the month after this happened, he called

528

me and asked me without any conversation preceding it, he asked me what do you think - - how do you think the person that did that to Kathy Wilson feels and I said I don't know and he said what do you think they did with her body.

Q Those were his words?

A That's it.

Q Did you have any further conversation with him at that time?

A No, I just told him I had to go.

Q At that point in time were there media reports concerning Kathy Wilson?

A I believe so.

Q Did you ever see Buckley in possession of a camera?

A He bought me one, but he took it back.

Q He bought you a camera and took it back?

A Yes.

Q So he had one in his possession; is that right?

A Yes, he did.

MR. MASSA: I have no further questions of this witness.

CROSS EXAMINATION

BY MR. SMITH:

Q Promise to tell the truth today?

A I promise.

Q Penalty of perjury?

A I promise.

529

Q Can be convicted of a crime if you lie?

A Yes.

Q Eleven fifty-five on May 18, 1988 you talk on the phone with Jay Buckley?

A Yes.

Q How do you know it's 11:55?

A Because the people are gathering to punch out, we get out at 11:55 so we can beat the people punching out and the phone rang, there was people milling around and, also, they come ask questions or buy something from the company store and I wanted to get out of there before they grabbed me, so people are starting to come into my office while I am answering the phone, so I know it was definitely then.

Q It was definitely 11:55?

A Yes.

Q On May 18th?

A Yes.

Q Did he tell you where he was calling from?

A No, he did not.

Q Let me show you Defendant's Exhibit Number Two, it's a shirt. Have you ever saw that before?

A Never in my life.

Q Did you see Jay William Buckley wearing it?

530

A No, I did not.

Q You don't see him the rest of the day on May 18th; right?

A No.

Q And I take it you don't have any personal knowledge as to whether Jay William Buckley had anything to do with the disappearance, alleged rape or murder of Kathy Wilson?

A Yes.

Q The answer is no you don't know anything about it?

A Right.

Q You have talked to Jay about it several times after the 18th?

A Yes.

Q And he's always denied it to you?

A Yes, he has.

Q Strongly?

A Yes.

Q He told you the police were following him around and harassing him and contacting everybody that he was wrongfully accused; right?

A Right.

Q And he never told you he did it; did he?

A No, he did not.

Q You knew that that upset him; didn't you?

A Yes.

531

Q It also upset you; right?

A Right.

Q Because the whole town was beginning to believe that Jay Buckley is a suspect and that you're Jay Buckley's girlfriend and that didn't do your reputation any good?

A Right.

Q So part of the reason that you decided to terminate your relationship with Jay Buckley was because of that fact; right?

A No.

Q No?

A I had broken off my relationship the previous November with Jay.

Q May 18th, 11:55 he calls you and said he wants to meet you for lunch?

A Right.

Q You can't meet him, does he tell you anything he is going to do?

A I just said I am not interested and hung. up.

Q Next day you meet him again in the evening?

A Yes.

Q May 19th?

A Right.

Q And your son goes camping with him up at the campsite?

532

A Right.

Q Either the 19th or 20th you go up to the campsite; right?

A Right.

Q Which night is it?

A I don't know.

Q Thursday or Friday night?

A It might have been Friday night.

Q Friday night. You camped there, too; right?

A Yes.

Q So you didn't really terminate your relationship as of May 10th (sic) any way?

A From the point of November until - -

Q I am not asking about that, I am asking on May 20th you spent the night at the campsite with Jay Buckley?

A I did spend the night there, but in between that time, the time, the time he was upset by the murder, I did not see him.

Q From that time after that, after May 20th?

A I did not see him as a date, as a girlfriend, we were friends.

Q Don't worry about that, I'm not tarring your reputation.

A I am not contending that your are.

Q But I am saying on May 20th you spent the evening

533

with him at his campsite?

A Yes, I did.

Q And at that time you got a ticket on your car; did you not?

A Yes, I did.

Q For parking along side the road where you shouldn't have been parked?

A Uh-huh.

Q And you also got a note, did you not, from the owner of the land telling Jay Buckley to get out of there?

A Yes.

Q Jay Buckley packed up the campsite and left then to your knowledge?

A He was already packing it up.

Q He was already packing it up?

A Yes.

Q When he then left you helped take down the camp and that was the end of the campsite or not?

A I believe so, yes.

Q So the campsite is closed as of what day?

A The 20th or 21st.

Q The 21 which would have been Saturday?

A Right.

Q And so you leave with him then after the campsite is taken down or what?

534

A I believe so.

Q Where does he go and where do you go from that point?

A I don't remember.

Q Did you see him the rest of the day on the 21st?

A I don't remember that either.

Q When you left the campsite and when you and Jay and your son is still there?

A No.

Q Not at that time. Okay. So you and Jay left the campsite, break it down, what did you leave there?

A My bra.

Q What else?

A I don't know what else.

Q Did you see a white blanket at all left there?

A I don't recall a white blanket, no.

Q You slept the (sic) night before, do you recall any white blanket?

A It was dark when we went up there.

Q What did you sleep in, a sleeping bag?

A No, it was a thing built in the tree, it was like a shelf and he had blankets and a sleeping bag, I believe.
DEX109
Q Mrs. Wilson, I show you what is marked for purposes of identification as Defendant's Exhibits 109 through 115 which is a series of photographs. I ask you if the

535

photographs look familiar to you?

A That's the camp. This is the camp. They're all of the camp. I don't recognize this one.

Q Which one don't you recognize?

A I guess this might have been the camp.

Q So these are all photographs of the campsite except the last two when you took down the campsite?

A We didn't take it down that far. I don't remember if the blankets were still there, these pictures that show the blankets here it doesn't seem like those were taken down, seemed like that was still up.

Q This here?

A Yes.

Q I am going to show the jury in a minute.

MR. SMITH: Move for the admission of Defendant's Exhibits 109 through 115.

MR. MASSA: No objection.

THE COURT: Admitted.

Q Let's start with 109, would that be the campsite after you left? Was it the same condition?

A I don't remember leaving it that way.

Q What do your remember about the campsite after that?

A It seems that this was still intact, the lean-to, the protection.

Q That's not there anymore?

536

A No.

Q This is another photo of the camp, Number 110, you don't know these individuals?

A I assume it's the police.

Q Photograph 111, are you familiar with that photograph? What does that photograph depict?

A On the limb of the tree it says "Joyce, I love you.".

Q Photograph Number 112?

A That's his tent.

Q This is what?

A That's a tent that was up the (sic) campsite.

Q And photograph 113 depicts what?

A This is the lean-to, this is where we slept right there, what he had as a shelf, well there's the bedding in back.

Q That's the bedding there, these are tarps thrown over that?

A Yes.

Q And Photograph 114 shows what?

A That's the bed.

Q This is part of the tarp?

A Yes.

Q Photograph 115 shows what?

A That's the side view of the table or whatever.

537

Q The lean-to. Did you see a white blanket in any of those - - any blanket in any of those photographs?

A No.

Q Do you know when these photographs were taken by any chance?

A No.

Q The police were around looking for Jay Buckley the 19th and you were up there the night of the 20th; right?

MR. MASSA: I believe she stated she didn't know when they were taken.

MR. SMITH: I will withdraw it. Let's let the jury look at these photographs.

(Whereupon, there was a brief pause.)

Q Mrs. Wilson, at the campsite you break the campsite down, you leave, so does Jay; right, so does you son? To your knowledge did anybody ever go back to the campsite, your son, Mr. Buckley, yourself?

A I don't know if Jay did, but I think I heard my son telling someone that he had gone up there.

Q But you never heard about Jay Buckley going back up there and you never went yourself; right?

538

A Yes. I take that back, he went up to see if he could find my bra.

Q All right. You're with the sisters on what day?

A Are you talking about the night that Roman was at the police station?

Q Yes. Are you with them that day when they're at Brown's house and up to the campsite, Jay's sisters?

A Jay's sister.

Q You testified about the sister saying Jay must have done something?

A That was at the police station.

Q So you were never at the campsite the night of May 19th?

A No, I left Roman with Jay at the Brown house.

Q At the police station do the sisters indicate to you that they had personal knowledge or knew that Jay committed this crime?

A No, they did not.

Q More or less they were talking to you about Jay did something bad again, what did he do this time?

A More or less, yes.

Q You mentioned a Missouri appearance that Jay had to appear in?

A I didn't say Missouri, but it was out of state.

Q Was it Missouri?

539

A I don't remember.

Q Did he ever talk about changing his hair color and stuff to you?

A Not to me, no.

Q Jay, at some point, attempted suicide?

A Uh-huh.

Q You're aware of that?

A Yes, I am.

Q It wasn't that weekend; was it?

A No.

Q As a matter of fact, later evidence will show it was mid-June, late June, some time of ‘88; is that your recollection?

A Yes, it is.

Q And he writes you letters throughout the timeframe from May 18, 1988 up until the time he attempts suicide?

A Yes, he did.

Q You're - - asa matter of fact, he wrote you a suicide note; did he not?

A Yes.

Q You've read the suicide note?

A I read it briefly and the police took it without my consent.

Q You've given all that to the police?

A I didn't give it to them, they took it.

540

Q Mr. Herzog, he doesn't have the key to the evidence book and they can't open it so I guess we'll look at them some time, but as you remember the notes, did he tell you he had anything to do with the Kathy Wilson murder, kidnapping or rape?

A No, he did not.

Q Would it be true that in those notes that he sent your, including the suicide note, that he tells essentially that he loves you; right?

A Uh-huh.

Q That he is sorry it didn't work out between you and him?

A Uh-huh.

Q That he essentially indicates to you, does he not in those notes, that he is committing suicide or attempting to commit suicide over your affair ending?

A Yes.

Q He also indicates in those notes, does he not, that he is falsely accused of the Kathy Wilson matter and he's tired of the police harassing him in general?

A I don't remember that.

Q You don't recollect that. Like I said, we'll have the notes, Mr. Herzog is coming tomorrow, but that's the general gist of it, he is not telling you that, gee, I did this terrible thing, I killed Kathy Wilson and now I am

541

going to kill my self?

A No, he did not.

Q That wasn't your understanding of what it was about at all?

A No.

Q When he said to you, and you're relaying this phone conversation you had with him at one time where he is talking about Kathy Wilson and he says, "Who do you think did it? What do you think he did with the body?", did he gave (sic) you any indication who did it or where the body was or that he had personal involvement in it?

A No, he did not.

Q He's always in the strongest terms denied it to you?

A Yes, he has.

Q Where you ever in the back of the Browns' van?

A No, I was not.

Q Do you know Michael Brown?

A Yes, I do.

Q When you went over and picked up this tent one of the things you forgot to mention is you picked up the tent that day?

A I don't remember if I got that then or if - - Jay had brought some stuff down to my house at one point, it was a while he was getting ready to leave the state and it

542

was either then or that night, but I can't remember which.

Q When you went over to get that stuff, did you meet Michael Brown?

A I believe he was there, I met him before that.

Q What was he acting like? I mean this was May 19th.

A I don't remember.

Q Shortly after?

A I could barely remember him being there, to tell you the truth.

Q You don't remember him being there?

A No, I don't remember him being there. No, I don't. He may have.

Q Any other evidence or testimony that you can give us that you think would be helpful in solving this matter of who killed Kathy Wilson?

A No.

MR. SMITH: I have no further questions.

REDIRECT EXAMINATION

BY MR. MASSA:

Q I just have a few questions, Mrs. Wilson. I direct your attention back to the early morning hours at the Jamestown Police Department, late Thursday, May 19th or early Friday, May 20th, your conversation with Karen Camarata?

A Right.

543

Q Can you recall specifically what she told you?

MR. SMITH: Let me object on several grounds, Your Honor. First, he is asking for a hearsay response. Second, it's meant to impeach the testimony of the Commonwealths' own witness which they presented here in Court today and verified the credibility of.

THE COURT: Was this a matter brought up on direct, this question?

MR. MASSA: And on recross, Your Honor.

THE COURT: First, was it brought up on direct?

MR. MASSA: Yes, sir.

THE COURT: You're back into your direct; do you understand?

MR. MASSA: I understand.

MR. SMITH: That would be the third ground of the objection, that it's already been covered

THE COURT: Let me see you at sidebar.

(Whereupon, there was a sidebar discussion off record.)

Q Mrs. Wilson, I will repeat my question. Do you recall, while you were at the Jamestown Police Department, early morning hours, the conversation between Karen Camarata and yourself?

A The only thing I remember about that conversation is that when we talked I heard her say "He's really done something big this time.".

544

Q Is that all you remember?

A That's all I remember.

Q Okay.

MR. MASSA: No further questions.

RECROSS EXAMINATION

BY MR. SMITH:

Q Do you think that that statement was related more to helicopters and police and everything down at the police station and there's a big to do about something or other?

A I feel that she just was assuming that he had dome something, I don't think she knew what it was.

Q Do you feel that her assumption might have been based on all the commotion as to why you were at the police station and one in the morning or whatever?

A Yes, I do.

MR. SMITH: No further questions.

THE COURT: You may step down.

ROMAN ARRANCE, called as a witness was sworn and examined, testified as follows:

BY MR. MASSA:

Q Speak up please, and identify yourself by stating your name and current address for the Court and jury?

A My name is Roman Arrance, I live at - -

THE COURT: What's your last name?

545

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