Mr. Hill was a paralegal investigator at the time of the trial. His testimony was that he checked the distance and driving time between the murder scene at Lincoln Cemetery and a spot on Inland Drive in Kansas where Byron Case might have disposed of the murder weapon.1 Under cross-examination, he was asked whether he checked any other pertinent distances and times (between Lincoln and the Amoco, the Amoco to Anastasia's home, etc.),2 which he did not. Also, just before Mr. Hill's testimony began, the defense introduced an exhibit showing sunrise and sunset on the day of the murder.3The purpose of Mr. Hill's testimony was apparently to indicate that it would have been impossible within the timeframe to have both murdered Anastasia, disposed of the weapon in that place, and have made all the other stops claimed. However, prosecution witnesses did not claim this was the case,4 so his testimony was a moot point.
MR. LANCE:Page 900 (David Hill direct testimony)THE COURT:Actually, Judge, before I start this witness, we have a stipulation.MR. LANCE:Go right ahead.MR. FRY:We're offering Defendant's Exhibit 30, which is the data on sun on Wednesday 22nd of October, 1997, showing sunrise that day was 7:36 a.m. and sunset was 6:30 p.m. And I believe we stipulated Defendant's 30 can go into evidence.THE COURT:That is the stipulated and no objection, Your Honor.MR. FRY:Okay. So we're stipulating to those facts and we're allowing the exhibit into evidence; is that true?THE COURT:Correct.DAVID HILL, having been duly sworn by the Court, testified:All right. We will show the stipulation, which has been announced to the jury, is evidence and may be considered, and Defendant's 30 shall be admitted into evidence.(Defendant's Exhibit No. 30 was received into evidence.)
DIRECT EXAMNATION BY MR. LANCE:Page 901 (David Hill direct testimony)Q.
A.Good morning, Mr. Hill. For the record, please state your name.Q.David Hill.A.And where do you currently reside at?Q.In Shawnee, Kansas.A.Where are you currently employed at?Q.Missouri State Public Defenders Office.A.What's your job title at the Public Defenders Office?Q.Paralegal investigator.A.What type of work duties are involved in your job as an investigator?Q.Interviewing defendants, interviewing witnesses, taking pictures, making diagrams of crime scenes, obtaining records, making charts, diagrams.A.In the specific case of State of Missouri vs. Byron Case, were you asked to do any investigative work in that matter?Q.Yes, sir.A.And was that request from myself, Mr. Horton Lance?Q.Yes, Sir.Did I ask you to make some measurements of mileage between two locations?
A.Page 902 (David Hill direct testimony)Q.Yes.A.Can you describe for the jury what the two locations were, first of all?Q.The mileage was taken from the cemetery, at Mount Washington Cemetery, the homicide scene known as a cul-de-sac. I drove from there to Inland and Douglas Streets, and I believe this is actually in Kansas City, Kansas, on two occasions, two different routes.A.You took two different routes to prepare time and mileage?Q.Yes.A.The first time you drove from the homicide scene to this Douglas Street in Kansas, how long did it take you to drive?Q.It took me 35 minutes.A.What was the mileage?Q.33 miles.A.The second time you drove it, how long -- how many minutes did it take you to drive between those two areas?Q.36 minutes.A.And what was the mileage?35.5 miles.
Q.Page 903 (David Hill cross-examination)A.All right. When we were discussing the homicide scene, do you know which cemetery you were in? I just want to clarify that.Q.I think this was in the Lincoln Cemetery I believe we were in.A.I just wanted to clarify that for the record. That was where you started from?Q.Yes.MR. LANCE:All right.THE COURT:No further questions.MR. FRY:All right.CROSS EXAMINATION BY MR. FRY:I just have a few questions.Q.
A.Mr. Hill, how long have you been working for the Public Defenders Office?Q.Three years.A.Three years?Q.Yes, sir.A.You have been working with Mr. Lance three years; is that right?Q.Yes, sir.A.You work on a lot of cases for a lot of the different attorneys; is that right?Yes, Sir.
Q.Page 904 (David Hill cross-examination)A.In this particular case, Mr. Lance asked you to go out to this Lincoln Cemetery to kind of look that area out and make some measurements; is that right?Q.Yes, Sir.A.Did he make you aware of the area 435 and Truman Road was a significant area in this case?Q.That's the route I took was 435, yes.A.Right. But in that particular intersection, you knew that was a significant intersection area of this case; is that right?Q.I just knew what he told me to take measurements of. That was it.A.You drove in that area?Q.Yes, Sir.A.Did you take note at all of the Amoco station?Q.No, Sir.A.He only asked you to do some measurements; he didn't ask you to take note of anything else?Q.Yes, Sir.A.He did not ask you to take note of anything else?Q.No, Sir.MR. FRY:So you didn't take note --If I may Judge, can the defendant stand next to --
THE COURT:Page 905 (David Hill cross-examination)MR. FRY:You mean the witness?THE COURT:Yes, I do, Sir.BY MR. FRY:Absolutely.Q.
A.Mr. Hill, if you would stand over here. This map here is Lincoln Cemetery. If you would stand to the side there. This is the Lincoln Cemetery area. Here is Truman Road and 435. Does that orient you in this map?Q.Yes, Sir.A.Does it look fairly representative of the area as you recall it?Q.Yes, Sir.A.And this particular area that you started off was right here where I'm pointing in Lincoln Cemetery; is that correct?Q.Yes, Sir.A.And, if you did the mileage, do you know what the mileage is from Lincoln Cemetery down to the Amoco station down here at this intersection?Q.No, Sir.A.You did take the mileage from this area, am I right?I took the mileage from that area to Inland and Douglas Street in Kansas.
Q.Page 906 (David Hill cross-examination)A.But you went through this area; this is where you started, right?Q.Yes, Sir, I went through there.A.Now, would you dispute that it's about a half a mile from this gas station up into this Lincoln Cemetery? Are you aware of that distance at all?Q.No, Sir.A.In checking this area out for Mr. Lance, did you become aware that it's like almost two miles, almost two miles, if you get from Truman Road here at the gas station up to Winner Road, 24 Highway, if you take this route? Are you aware of that distance at all?Q.No, Sir.A.Okay. Did he make you aware that the victim lived off Truman Road up by the Truman House?Q.No, Sir.MR. LANCE:While you were checking distance, would it have been easy for you to check and see that from Amoco to the Truman House was three and a half miles?Judge, I object to this for speculation at this point. Would it have been easy to check this or that. He's testifying what he did. I object.
THE COURT:Page 907 (David Hill cross-examination)BY MR. FRY:Overruled.
A.Q.No, Sir.A.Would you have any idea that it's not like one of those downtown places where it's all glassed in and there is no room for anybody else standing, there; you have to do all your business through the glass area, there is actually a room to sit in?Q.No, Sir.A.You have no idea about that?Q.No.A.Mr. Lance didn't ask you to do any of that?MR. FRY:No, Sir.THE COURT:No further questions, Judge.MR. LANCE:All right. Do you desire any redirect, Mr. Lance?THE COURT:No, Sir.Okay. Thank you Mr. Hill.(The witness was excused.)