Terry Hawkins direct by Mr. Greer

TERRY HAWKINS — Direct by Mr. Greer, May 10, 2004

Volume 23, page 1211

Q. You heard that?

A. Yeah, I heard —

Q. Could you tell whether they were male or female voices?

A. There was a female down there.

Q. Could you tell whether there were male voices as well?

A. Yes.

Q. As I‘m talking to you now, just the things you heard, did you hear a female voice?

A. Yes.

Q. What did you hear the person say?

A. I heard her hollering, making noise and stuff.

Q. Could you make out any words?

A. No. It really didn’t make sense what they was, you know, saying. They was just making a lot of noise. I thought they was hitting the tracks, you know, down there drunk.

Q. Can you make out any words?

A. No.

Q. Could you hear male voices as well?

A. Yes.

Q. Could you hear more than one female?

A. No.

Q. Just one?

A. Well, I’m not for —— I know there was down there I had seen.

Volume 23, page 1212

Q. Later?

A. Yeah.

Q. At the time, though, as you’re walking by, did you hear more than one female?

A. No. .

Q. Did you hear more than one male?

A. Yes.

Q. Was Cindy with you at that time, or was she in the porta—potty?

A. She had came out the bathroom and came where I was looking down at what was going on down there.

Q. Okay. Before that time, before Cindy went into the porta—potty, had you seen anything?

A. Yes.

Q. What had you seen?

A. I had seen them beating —— I thought they had sticks. They was just beating the tracks and kicking, kicking.

Q. Is this before Cindy goes into the bathroom?

A. Yes.

Q. Was Cindy standing there?

A She was standing there with me, but she left and went to the bathroom.

Q. I’m sorry.

A. I stayed there watching.

Q. Did you guys discuss what you were looking at?

Volume 23, page 1213

A. Well, she had told me we better not go down there, you know, so —

Q. Is that before she went to the bathroom?

A. That’s after she came out the bathroom.

Q. I’m talking about before. You said you were both 6 watching this?

A. Yes.

Q. Did you guys discuss what you had seen?

A. Yeah. We talked about it. I mean we knew not to go down there where they were. That’s what we talked about, trying to get where we stayed at.

Q. She went to the rest room?

A. Yes.

Q. How long was she in there?

A. Just a couple of minutes, not that long.

Q. when she came out, during this period 2-minute period, were you watching down on the tracks what was going on?

A. Yes.

Q.‘ How far away were you?

A. I would say about 25 feet, something like that, not that far, about 15, 20 feet, something like that.

Q. Tell the jury what you saw.

A. I saw three – well, there was four people down there, but I seen two men. He was laying across the track like this here and one was on this side of him. One was on this side.

Volume 23, page 1214

And the female was by his head laying down. Then they had a fourth person down, but he was behind this person, not too far away, but he was behind another person down there. They all was —— well, the three, I seen them kicking and swinging sticks down at the tracks. I didn’t see what she was swinging at like that. I didn’t see. But as we made our 7 mind up to go, to leave, we acted like we walked up the steps 8 to leave, you know, so they won’t be seen, but we played —

Q. I’ll get to that.

A. Yeah.

Q. During that 2-minute period, you saw these four people around the body, in the area of the body?

A. Yes;

Q. Could you tell, could you see their features? Could you see their faces?

A. No.

Q. Could you see anything, their clothing, anything that would give you the ability to identify them, if you saw them again?

A. When I was down looking down at the tracks?

Q. Right. Just in that 2-minute period.

A. No.

Q. What were the lighting conditions like where this was occurring?

A. It was —— well, it got dark. On the ground it was

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