DANIEL DRAKE (Phone Deposition) | ||
| Vol XIII (#24) pp. 598 - 599 | Friday, May 31, 1991 | Charles Rapp |
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Testimony (by telephone deposition) of Daniel Drake. This testimony was not read into the trial. According to the newspaper Mr. Drake testified that he had owned the house in Falconer where Karen Camarata lives and that the bank bag found by her son could have been left there from when he moved to Florida eight years previously. |
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MR. SMITH: I call Daniel Drake to the stand by way of telephone deposition.
MR. MASSA: Your Honor, may counsel approach the bench, please?
(Whereupon, there was a sidebar discussion off record.)
MR. SMITH: Your Honor, I advise the jury that last night about 8:00 we took a telephone deposition of a witness for the Defense and the gentleman is located in the State of Florida and it would be inconvenient and expensive to have him come here so pursuant to a Stipulation by the Commonwealth and Defense we met in my office and called Mr. Drake up and put it on speaker hone and there was a Court Reporter present who swore him in, placed him under oath, and took down his testimony which we now have and we're going to read our respective parts, what questions we asked and Mr. Rapp here is going to be Mr. Drake.
THE COURT: You're going to supply the Court Reporter with
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a copy?
MR. SMITH: We will submit the original into evidence.
(Whereupon, the deposition was read.)
MR. SMITH: I move into evidence Defendant's Exhibit 164 which is the original transcript of the phone deposition that Mr. Massa and I have have (sic) with Mr. Drake.
MR. MASSA: No objection.
THE COURT: It's admitted.
THE COURT: The Court will recess until 1:15.
(Whereupon, Court recessed for lunch at 11:55 a.m.)
MR. SMITH: I call Detective Joseph Welch to the stand.
MR. MASSA: Your Honor, may Counsel approach the bench?
(Whereupon, there was a sidebar discussion off the record.)
JOSEPH WELCH, called as a witness was sworn and examined, testified as follows:
DIRECT EXAMINATION
BY MR. SMITH:
Q Will you state your name and address for the record?
A Joseph B. Welch, R.D., Jamestown, New York.
Q What is your occupation?
A Detective in and for the City of Jamestown, Chautauqua County, New York.
Q Did you work in the Kathy Wilson case?
A Yes I did.
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