8/14/2019 Byon Case Sample Chapter Epperson Testimony

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TESTIMONYOFDEPUTYDAVIDEPPERSON

Assistant Prosecutor David Fry conducts the questioning.

Good morning. Tell the jury your name, please. DavidEpperson.

And how are you employed, sir? I'm a sergeant for theJackson County Sheriff's Department.

And on October 23, 1997, were you employed by the Jackson

County Sheriff's Department then? Yes, sir.What were your duties on that particular I guess very earlymorning? I was assigned to District Five, which is the BlueSummit Area of Jackson County. Thats an unincorporated areabetween Independence and Kansas City. Because the area isunincorporated, its patrolled by the Sheriffs Department. Myshift was from midnight to eight. It had been a routine patrol untilI entered Lincoln Cemetery.

I was patrolling along Blue Ridge Boulevard, which runs north andsouth between Lincoln Cemetery to the west and MountWashington Cemetery to the right. I turned west on an accessroad leading into Lincoln Cemetery. Theres no gate there, so Idrove right in. It was 3:44 in the morning. The cemetery is verydark. It has no street lights, there are lots of trees, and inOctober there are lots of leaves on the trees. Its pitch black inthere. About the only thing you can see are the lights of KansasCity off in the distance.

Usually I just travel west on the access road until I come to acircle drive, which allows me to turn around and go back as Icame, or turn south. I usually turn south, travel past an oldabandoned building, and exit the cemetery onto Truman Road.Theres no gate at that entrance either.

On that night, I was about two-fifths of a mile into LincolnCemetery when I observed a female lying on the ground, on herback. My first thought was that she could be injured, orintoxicated. Obviously, it was unusual.

I notified dispatch that I had a person down in Lincoln Cemetery. Iexited my vehicle and I yelled for the person to get up. Iapproached and shined my flashlight into the persons face. Shehad a large wound from the bottom portion of her nose down intoher mouth. Her eyes were open. Her arms were above her head.

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There was a puddle of blood underneath her head.

I backed up. I wanted to make sure there wasnt anybody else inthe area. I approached her again and checked for signs of life. Ilooked to see if her chest or stomach was rising. I checked herwrist for a pulse, but she had none. I also noticed that her skin

was cold to the touch, and it was turning a bluish gray color.I returned to my vehicle and requested assistance. Once thedetective unit got there, I secured a point on the perimeter up atBlue Ridge Road.

They checked the victims pockets, and I think all they found wasa key chain. They didnt find any identification, at least thatswhat I was told. The next day, I learned the name of the victimwas Anastasia WitbolsFeugen.

Fry has Deputy Epperson identify a photograph of the body as hefound it. Theres no way we can see it from here. Its entered intoevidence. Well be allowed to see it during our deliberations.

Fry also has Epperson describe the geography of the area for us,using overhead photos and maps. I made a quick sketch in mynotebook.

Public Defender Horton Lance conducts the cross-examination.

Mr. Epperson, from your preliminary observations of the murderscene, can you determine if this act was committed by a strangeror an acquaintance of the victim? No, I could not.

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Thats it! Lance asks that one question and is done. I can think ofa dozen questions Id like to ask right now if I could. Jury duty,though, is an exercise in keeping your mouth shut.

Fry has no more questions, so Judge Atwell excuses Epperson.That wasnt as informative as I would have liked, but there you

go.