Phillip W. Esplin, E~.D.

Transcription

1 Phillip W. Esplin, E~.D. Psychologist 4242 IV. 56th St. Phoenix, Arizona Phone (602) FAX (602) STATE OF ARIZONA 1 ss County of Maricopa I, PHILLIP W. ESPLIN, Ed.D., being duly sworn on oath depose and state the following. I am a psychologist licensed to practice in the State of Arizona. I am currently licensed by the Arizona Board of Psychologist Examiners, and have been so licensed since November, I hold License #0769. In addition to my private forensic psychological practice, I was a senior research consultant with the National Institute of Child Health and Development: Child Witness Research Project from 1988 through September 2006). I have co-authored several scientific publications involving child witnesses (see attached Vitae). I am a contributing author of a text, edited by M.E. Pipe, M. Lamb, Y. Orbach and A.C. Cedarborg, titled Child Sexual Abuse: Disclosure, Delay and Denial. The chapter I co-authored with Karen Saywitz titled, "Forensic and Therapeutic Traditions; Convergence of Opposing Trends" explores some of the difficulties encountered when clinical and forensic objectives may be in conflict. The book, as well as Dr. Saywitz and my chapter, addresses the importance of lessening motivational barriers on the part of reluctant witnesses in order to obtain clear and

2 accurate understanding what may or may not have happened to a child exposed to unwelcome sexual experiences. The book discusses both clinical and forensic implications when encountering youngsters who may be reluctant, for whatever motive, to provide an accurate, complete account of their experience. I am co-author of a book, Tell Me What Happened: Structured Investigative Interviews of Child Victims and Witnesses. The text, released in 2008, by John Wiley & Sons, publishers provides a comprehensive review of the scientific literature as well as an overview of factors affecting the capacities and limitations of young witnesses. Investigative procedures used during cases of suspected child maltreatment are discussed. I am familiar with the scientific and clinical literature regarding "autobiographical memory" as well as the scientific literature on factors that can affect the reliability of memories for personally experienced events. I am familiar with the scientific and clinical literature as it pertains to "post event circumstances that can influence the alteration andlor creation of "genuine but mistaken recollections". I am also familiar with both laboratory and field studies addressing the issue of "witness confidence in the memory" versus the "accuracy of the recollection". I am familiar with the complications that can occur to interviewers or evaluators when they make assumptions about the alleged events without obtaining high quality, accurate information directly from the participants.

3 I have qualified as an expert witness in the area of child psychology, child sex abuse, and memory in multiple jurisdictions including Missouri (see attachment for a summary of cases in which depositions andor court testimony has been offered). I was requested by Kenneth Blucker, legal counsel for Rodney Lincoln, to review various documents in preparation for case consultation andor testimony. Specifically, I was requested to examine the records in this matter and provide opinions regarding the methods utilized in the investigation of this matter, particularly as it related to Melissa Davis, a key witness. In addition, I was requested to summarize relevant scientific literature as it relates to factors that can adversely affect the reliability of information obtained from witnesses and/or factors that can increase the risk of "contaminating" a witness's recollections and result in "genuine but mistaken beliefs". (Note: I have not personally evaluated any of the parties relative to this matter. Consequently, my opinions are based upon the documents reviewed, my knowledge of the relevant scientific and professional literature, and my professional experiences). Note: I was requested to provide an interim report. A final report will follow. Documents reviewed: 1. of Detective Joseph Burgoon dated 6/21/83 2. of Ann Carberry dated Credibility Chart-Chart of Statement Comparisons across time 4. of Melissa Davis dated Transcript of Melissa Davis Testimony and Competency Hearing dated (1" Trial) 8/12/83 6. of Rachel King dated 6/20/83 7. of James Eugene Lewis, JR., M.D. dated 7/8/83 8. St. Louis Police Department Documents (21 1 pages) 9. of Wayne Munkel dated 6/21/ of Abigail Wallace dated Trial Transcript Volume 1 dated Trial Transcript Volume 2 dated 1014/ Trial Transcript Volume 3 dated Trial Transcript Volume 4 dated Trial Transcript Volume 5 dated

4 Synopsis of Case Early in the morning of April 27, 1982, in St. Louis, Missouri, a man killed Joanne Tate by way of multiple stab wounds in her home. Post mortem, a broomstick was inserted into the rectum of Joanne Tate, and she was left laying face down between her hallway and her two little girls' room. The two daughters, Melissa 7, and Renee 4, were both also stabbed multiple times. Renee was stabbed once on the left side of her neck and once on the right side of her neck, almost killing her. Melissa had many stab wounds, one in her left pectoral muscle in her chest, a few times on her arms, once on the hand, and a large wound through her vagina all the way to her anus. The uncle of the two girls, Joanne Tate's brother Nathaniel Clenney and Joanne Tate's boyfriendjfiancc Gerald Woodward, were the first two people to arrive at the house after the murder. The two girls were then taken by ambulance to the Cardinal Glennon Hospital ER. They were both evaluated and admitted. Renee was taken into surgery almost immediately after arriving due to the life threatening wounds in her neck. Melissa's injuries were less life threatening, and she was not taken into surgery until later that evening. Melissa spent approximately 2-3 hours in the ER that day and was admitted to the ICU in the hospital to await surgery. Throughout the time before the surgery when Melissa was at the hospital, Melissa was spoken tolinterviewed several times by the social worker, Wayne Munkel, who was assigned to her case. On that same day, she was also interviewed by the police accompanied by her sister Melinda Parris, while she was still in the ER, about 1-2 hours after arriving there. The following day, April 28th, 1982, Wayne Munkel interviewed Melissa again. At some point on this day, the police also came to have Melissa look at a series of 10 photos of possible suspects. Wayne Munkel says he was speaking to Melissa on a daily basis and was sometimes by her side for hours. On April 3oth, 1982, two detectives and Wayne Munkel attempted to re-interview Melissa about what happened. They also showed Melissa another series of approximately 12 photos of possible suspects. On May 4th, a new lead detective, Detective Burgoon, was assigned to the case. On this day, Detective Burgoon, Ann Carberry (psychologist assigned to the case), and Wayne Munkel attempted to interview Melissa again, this time tape-recorded. Throughout the interview Melissa was in a lot of pain, and half way through the interview was given pain medication to alleviate her pain. A series of approximately 13 more photos of possible suspects were also shown to Melissa on this day. On May 5, 1982 Melissa was again interviewed by Wayne Munkel. May 11, 1982, both girls were taken from the hospital at the request of the police and taken for a ride to try and identify parks and bridges that could possibly help find the suspect. They were shown 8-10 parks and 2-3 bridges on this day. They were also shown another series of approximately 12 photos while in the car. May 14, 1982 both of the girls were discharged from the hospital and were put in the care of their aunt Rachel King, sister of their deceased mother Joanne Tate.

5 Melissa was admitted to the hospital on three more separate occasions to undergo reconstructive surgery on her wounds. May 23rd, 1982, Melissa identified Rodney Lincoln as the man who killed her mother and stabbed her sister and herself when shown two more photos by Detective Burgoon at her aunt's house. Later on that same day Melissa identified Rodney Lincoln in a line-up as the assailant. The first trial resulted in a hung jury. The second trial was a few months later. (See Attachment for "Key Names" of witnesses) Based upon the totality of information available to me, I would offer the following opinions: A. autobiographical (incidental) memories for personally experienced events is a "reconstructive" rather than a reproductive enterprise. That is to mean that memories are not simply passively recorded, then stored in their natural form in a way that maintains their initial quality, nor are memories mechanically accessed in their original state at the time of recall. Rather, because of the reconstructive nature of memory, various factors can affect the accuracy of the recollections. Included in these factors would be the nature of the event being remembered, salients (meaningfulness of the recollections), mental state at the time the events were experienced, as well as post event circumstances. B. "suggestibility" as used in the scientific memory literature refers to the extent to which the encoding, storage, retrieval, and reporting of events can be influenced by a range of internal and external factors. C. the more remote, vague, simplistic, or when an event occurs in a less than "mentally alert state", or in a state of extreme emotional arousal, the greater is the witnesses susceptibility to post event contamination and/or the creation or alteration of a recollection. This is a characteristic of all witnesses, whether child or adult, although there are some factors that are "age related". The less confidence the witness has in the reliability of the initial recollection, the greater the likelihood that the witness may rely on external factors to strengthen their confidence regarding the reality of the memory.

6 D. if one or more of the factors outlined in "C" are present, special investigative techniques should be employed. Those techniques would include systematic examination of the likelihood that the witness's recollections or beliefs may have been unduly influencedcreated by post event circumstances E. the "triggering circumstances" surrounding the initial outcry is an important series of events to examine during a pretrial investigation as evidence may exist that relates to possible motives on the part of a child or significant adults that may influence the reliability of the statements. This would be particularly important when investigating/evaluating circumstances that may involve children under 8 years of age. (Note: this age group can be particularly susceptible to mistaken beliefs or external undue influences as compared to older aged children). The follow in^ scientific principles are penerallv accepted in the scientific community: Young Children's Reports are Often Vew Accurate Young children can remember a number of events and details of experienced events over fairly long periods of time. Their recall is not as detailed as that of older children, but nonetheless their statement can provide important information. Biased Interviewer Questions Interview bias characterizes interviewers who hold a priori belief about the occurrence of certain events and, as a result, conduct their interviews so as to obtain confirmatory evidence for those beliefs without considering plausible alternative hypotheses. Suggestive Interviewing techniques Suggestive interviewing techniques include the use of repeated specific questions (some of which may be leading) within and across interviews; repeated interviews focusing on the alleged event; implicit or explicit threats, bribes, and rewards; and stereotype induction (i.e., telling children the suspected perpetrator "does bad things"). First Interview with a child provides the most reliable testimony When children are interviewed over a period of time, the general rule is that the statements in the first interview are the most important for determining reliability because, compared to other interviews, there is less chance for forgetting, and there is less time or opportunity for suggestive and other influences to taint children's reports.

7 Sug~estive Interview Techniques can result in Long Term False Beliefs Children may come to believe that they actually experienced the suggested event. One of the reasons for "false beliefs" is that the source of the misinformation is not retained. Thus, children often do not remember that the content of their narratives was suggested by someone else. Children's False Reports are Creative Children's false reports are not simply reflections or monosyllabic responses to leading questions. Under some conditions, their answers go well beyond the suggestion and incorporate additional non-suggested details and emotions. Crucial to Obtain Electronic Recordings of the full interview It is important to have an accurate verbatim record of everything that the child said and everything that the interviewer said. Interviewers cannot accurately report all of the interactions and the exact words of an interview. Notes of interviewers omit many details and utterances that the recorder simply cannot write down or that the recorder thinks are important at the time. When asked how specific information was obtained, most interviewers erroneously reply that they never use leading questions when, in fact, they do. Applying Science to Intewiewinp Children Who Mav be Victims or Witnesses to Crime: Issues Related To Accuracy and Reliabilitv of Information The manner in which a child witness is interviewed during a criminal investigation has significant implications not only regarding identification issues but also with regard to the totality of a child's statement and potentially, case outcomes. Research during the past several decades has focused on child suggestibility (See reviews by Jones 2002; Pipe, Lamb, Orbach & Esplin 2004). However, children's capacities as witnesses are well recognized by both scientists and practitioners alike. Professional groups and experts, therefore, offer recommendations regarding the most effective ways of conducting investigative interviews with child witnesses (See "Do Best Practice Interviews with Child Abuse Victims Influence Case Processing?" Grant Final Report, U.S. Department of Justice; Document No ; November 2008; Ceci, S., & Bruck, M. (1993) Suggestibility of the child witness: a historical review and synthesis. Psychological Bulletin, 113, ; Poole, Debra A., Lamb, Michael E., Investigative Interviews of Children: A guide for helping professionals (1998) American Psychological Association.) Experimental, descriptive and empirical literature emphasizes careful investigative procedures with child witnesses, particularly with regard to investigative interview methods. In the past decade, several approaches to child interviews developed, however, there remained a consensus that the use of open-ended questions (E.g. Tell me what happened?) versus direct questions was critical. Open-ended prompts during investigative interviews tap free recall versus recognition memory with free recall being typically more accurate regardless of children's ages. See summary of science and its application to investigative interviews of children in Lamb, Hershkowitz, Orbach & Esplin (2008). Tell me What Happened: Structured Interviews of Child Victims and Witnesses. Chichester: John Wiley & Sons.

8 Svnopsis of critical time periods in which allepations were lodped See Attachment, chart entitled: "Melissa Davis - Interviews Across Time" Based upon the totalitv of information available to me, I would offer the following opinions specific to this case: The following scientific principles that have been shown to have an adverse effect on the reliabilitv of children's memories are present in this case: High Status Biased Interviewers Pressure, Inducements or Threats Selected reinforcement of responses Negative stereotyping of accused (casting the accused in a negative light) Repeated questions both within interviews and across interviews Multiple interviews by multiple interviewers IN CONCLUSION: The totality of the data available to me, with a high degree of scientific probability, indicates that: a) Melissa is not a "reliable historian" as it relates to the current matters of interest to the Court b) There is a significant likelihood of "post event contamination" c) The data was insufficient to reliably determine what information came from independent recollections as opposed to information provided, inadvertently, by the various professionals d) I am unaware, from a scientific perspective, how the current reliability of the Melissa's current beliefs could be determined without reliance on independent corroborating or disconfirming data e) Melissa may currently have a genuine but mistaken belief about the events under investigation f) In order to address whether Melissa is a reliable historian, it is critical to examine her statements across time, as well as the context in which various statements were made, as opposed to attempting to sort out the reliability of an utterance or statement at any specific point in time (see Attachment "Melissa Davis - Interviews Across Time"). g) It should be noted that there are contradictions involving the core elements of the events which would be expected to remain consistent if Melissa was describing events from autobiographic memory. If additional information is necessary, feel free to contact me. -AQ$h14S-- Phillip. Espli, Ed.D. Notary on page 9 of this document.

9 STATE OF ARIZONA SS. County of Maricopa SUBSCRIBED AND SWORN to before me this /.fg day of ~ ~ d i r f,2010 by Phillip W. Esplin, Ed.D., Psychologist My Commission Expires January, Notary Notary PWk - Arltone.

10 Date Interviewed Source By Whomlwho was present April 27'h, 1982 Testimony of Nathaniel Clenney, Trial 2-page who did this, who did this. She was still in bed with the Melissa Davis Interviews Across Time 1 Important Information obtained Nathaniel Clenney This was the first person to talk to Melissa after the incident occurred. After arriving on the scene first, with Gerald Woodward, he asked her a few times, kind of yelling at her, covers up to her neck so he did not realize that she was injured yet. After asking her a few times who did this, she said, the man who worked on mama's car. He asked her again who did this and she again replied, the man who worked on mama's car. He hollered at her again, who did this, and she said, Bill did it, and she said, he laid his coat right here. April 27th, 1982 page 5-6 Testimony of Wayne Munkel, Trial 2- page 503- I April 27'", 1982 I Testimony of Wayne I Wayne Munkel Munkel, Trial 2- page 5 13 Wayne Munkel, hospital staff I Upon first meeting Melissa in one of the trauma rooms in the ER right after she was brought in, he asked her who did this to her and she said a man named Bill. He asked her three times about how she got the cut (the one between her anus and vagina), this was just after the doctor and surgeon had examined this cut. On the third time she responded that the man had taken her clothes off and wanted her to suck his penis, and she refused, and that he began to stab her. Melissa Davis and Renee Tate were brought into the ER. Renee was in critical condition and not conscious, so Wayne did nothing more with Renee. Wayne then talked with Melissa, who was conscious, and she stated to him that she was stabbed by a man named Bill. Either at this point or the next time he spoke with her on this same day, she stated that Bill had stomped on all three of them. In another conversation with mother had been calling out the name Bill, and that Bill broke into the house.

11 April 27th, 1982 Testimony of Wayne Munkel, Trial 2- page 520 Wayne Munkel, Melinda Parris, police About 1-2 hours after being admitted to the ER while still in the trauma room, the police were given permission to come in and interview her, they thought Melinda might be able to help them (an older sister of Melissa), so she was present as well, along with Wayne Munkel. Melissa indicated that "By the time we woke up, she was dead" referring to her mother. Melinda kept asking her, "Did Gary do it?" multiple times. Melissa said no. April 27", 1982 April 28", 1982 April 28", 1982 April 30, 1982 of Wayne Munkel, June 21St, page 7-8 Testimony of Wayne Munkel, Trial 2- page 5 13; of Wayne Munkel, June 2lSt, page Testimony of Wayne Munkel, Trial 2- page Testimony of Homicide Detective Robert Bauman, Trial 2-page 422, Testimony of Wayne Munkel, Trial 2- page Wayne Munkel Wayne Munkel Wayne Munkel Nichols, Wayne Munkel Wayne Munkel, Srgt. Robert Bauman, & Det. Dan Nichols Wayne saw her in the Intensive Care Unit before she went into surgery briefly (Melissa was at the hospital, ER & ICU, about 3 hours total before she was taken into surgery). She did respond to questions in the ICU, and did make spontaneous statements (Munkel doesn't state any of the spontaneous statements made in the ICU). In a conversation with Melissa, she again indicates that the assailant's name is Bill, and that she went to his place in 1981 in a yellow cab, and that he now drives a white VW, and lives in Illinois with his mother who is always drunk. She also stated knife was a butcher knife, as big as a cat's tail, and that the knife did not come from their house. Melissa is shown a series of photos, about 10, by Wayne Munkel fiom the detectives. A series of photos, about 12, were shown to Melissa while she was in the ICU at the hospital. Melissa did not identify anyone in the photos as the man responsible for the murder.

12 of Detective Joseph Burgoon, June 2 1, page 4-5; Testimony of Wayne Munkel, Trial 2- page 5 16, ***See transcription of this interview in the 2"d half of of Detective Burgoon-starts on page 22 Interviewed by Detective Joseph Burgoon, Ann Carberry & Wayne Munkel present A man named Dennis Smith was brought up in the 45 minute interview, because he had fixed Joanne Tate's car the week before the murder, which Melissa claimed the man who killed her mother had done. When later shown a picture of Dennis Smith, Melissa said that the killer looked very much like Dennis Smith but was not the man who killed her mother. Later a composite sketch was made of the assailant with the aid of the photo of Dennis Smith. Also indicated in this interview that the day she went to the assailant's house, he drove a yellow taxi. Also said that he had black hair down to his ears. When asked how she got the name Bill, Melissa stated he told us his name. Further indicated that he had come over to fix their car three days before the incident. The interview was stopped at some point to give Melissa pain medication because she was in so much pain. Wayne Munkel stopped the tape recorder several times throughout this interview because all they were getting was crying and sobbing at some points. Approximately half the time spent during this interview was with Melissa crying and screaming. r May 5, 1982 May 11, 1982 Testimony of Wayne Munkel, Trial 2- page Testimony of Wayne Munkel, Trial 2- page 5 14; of Wayne Munkel, June 2 1"' page of Detective Joseph Burgoon, June 21, page 8-9 Wayne Munkel Wayne Munkel (Wayne Munkel was seeing her daily he says on page 5 14 of his testimony, when being asked about different conversations with Melissa) Detective Burgoon, Detective Scaggs, Wayne Munkel, Rachel Clenney Detective Burgoon brought more photos, 13 approximately, for Melissa to look at. Wayne Munkel showed them to Melissa. In a conversation with Melissa, she identified the McKinley bridge as the one they went over last year to the assailant's house, assailant's house by a park. And further stated that the assailant left his coat, black striped coat, on her bed after the attack. Melissa was taken for a ride across multiple bridges, including McKinley Bridge. None of the bridges crossed that day were identified as being the one that she crossed when on the way to the alleged assailant's house before the date of the murder.

13 1 May 1', 1982 Testimony of Wayne Munkel, Trial 2- page May 14'~, 1982 Testimony of Wayne I- Munkel, Trial 2- page 510 May 18, 1982 of Detective Joseph Burgoon, June 21, page 5-6 of Detective I May 231d, 1982 Testimony of Wayne Munkel, Trial 2- page Joseph Burgoon, June 21, page 11 of Detective Joseph Burgoon, June 21, page 12 Detective Burgoon, Detective Scaggs, Wayne Munkel Detective Burgoon, Detective Scaggs, Wayne Munkel Det. Burgoon, Det. Scaggs, Wayne Munkel Detective Joseph Burgoon was present with Melissa along with the sketch artist Detective Swyers Detective Burgoon, Lue Clenney (the grandma), the aunt (Rachel King) Detective Burgoon Melissa was take for a ride in a police car to look at different parks to see if she could identify any of them as being the park that was across the street from the alleged assailant's house. About 8-10 parks were shown to the girls and 2-3 bridges. None of the parksibridges were identified as being the correct ones. The girls were taken from the hospital at the request of the police, the girls were not yet discharged at this point in time. While in the police car looking at parks, another series of photos were shown to Melissa, about 12 photos. Both the girls were discharged on the hospital on this day and taken to two more parks, neither park was identified as being the correct one. A sketch of the assailant was made using the aid of a photo of Dennis Smith, with Melissa making adjustments where she thought the assailant looked different than the photo of Dennis Smith. Was at the girls' aunt's house, both Melissa and Renee present, A photo of Gary Parris and Rodney Lincoln were shown to Melissa and Renee. Melissa picked out the photo of Rodney Lincoln and said that that was the man who stabbed her mother, herself and her sister. The photo was then handed to Renee who threw the photograph down, covered her face and started crying. A line-up was conducted where Melissa identified Rodney Lincoln. April-October 12, of Ann Carbeny- June 2 1 ", 1983 Ann Carbeny Ann Carbeny had therapy sessions with both girls starting from when they were in the hospital to October of 1982 after they were discharged.

14 Key Names - Rodney Lincoln Case Joanne Tate- victim, deceased, who was stabbed to death, mother of Melissa Davis and Renee Tate, the other two victims Renee Tate- daughter of the deceased Joanne Tate and younger sister of Melissa Davis, aged 4 at time of incident Rodney Lincoln- the Defendant Mr. Bauer- the Prosecutor Mr. Hampe- the Defense Attorney for Rodney Lincoln Rachel King- the sister of the deceased victim, Joanne Tate, aunt to the girls Melissa and Renee; gained custody of them after the murder Ann Carberry- the psychologist assigned to the case at he hospital when the girls were both admitted. She continued to have therapy session with both of the girls and their aunt, Rachel King, after they were discharged from the hospital until October of (In order of testimony in Trial 2) Volume 2, lst day of Court Proceedings: Deborah Smith- neighbor to Joanne Tate (the victim, deceased); she lived in the apartment above Joanne Tate and testified as to what she heard going on downstairs the night of the murder; witness for the state Melissa Davis- victim #I, the older sister in the case, daughter of the deceased victim Joanne Tate, sister to Renee Tate; age seven at the time of the incident; witness for the state Gerald R. Woodward- current boyfriend of the deceased victim Joanne Tate at the time of her death for a little over a month before Joanne died, one of the first person on the scene the following morning to discover Joanne was dead, arrived with the deceased's brother Nathaniel Clenney; witness for the state Nathaniel Clenney- younger brother of deceased victim Joanne Tate, one of the first people on the scene along with Gerald R. Woodward to discover Joanne's body, also the first person to talk with Melissa; witness for the state George Bradley- Police Officer for the St. Louis City Police; first responding officer on the scene at Joanne Tate's residence the morning after the incident; witness for the state

15 Robert Bauman- Police Officer for the St. Louis City Police; detective sergeant with the homicide division, was the first homicide detective to arrive on scene after district police, along with Detective James Scego who accompanied him; witness for the state Lue Clenney- mother of Joanne Tate, the third to arrive on the scene before the first officer and paramedics, grandmother of Melissa Davis and Renee Tate Ara Jones- paramedic for the city of St. Louis, paramedic crew chief at time of incident, the first paramedic to arrive on the scene with her partner, after Gerald Woodward, Nathaniel Clenney, Lue Clenney, and the first responding officer; carried the victim Melissa to the ambulance unit, took them to the hospital Dr. Douglas Rodgers- pediatrician; he was the attending ER physician the day that Melissa Davis and Renee Tate arrived at the Emergency Room at Cardinal Glennon Hospital; he was involved in the care of Renee Tate after she arrived in the ER that day but was not involved in Melissa Davis's care; was not involved in Renee Tate's management after she left the ER Joan Bequette- Assistant Director of Medical records at Cardinal Glennon Hospital where the two girls were admitted; she reviewed the medical records of the girls in her testimony; witness for the state Laetitia LaRock- Head nurse in the Emergency Room at Cardinal Glennon Hospital and the coordinator of the sexual abuse trauma team; she was present when the photographs were taken of the girls' wounds at the hospital the day they arrived in ER on April 27th, 1982; goes over what is represented I the photos that the state shows her of the two girls' wounds during her testimony; she took care of Renee Tate when she was in the emergency room and was in the operating room with Melissa the day the girls came into the hospital; witness for the state Wayne Munkel- social worker in the Emergency Room at Cardinal Glennon Hospital the day that the two victims arrived in the ER; was involved with the care and treatment of Melissa Davis and Renee Tate; talked to Melissa Davis several times while she was in one of the trauma rooms in the ER since she was conscious, but did not talk to Renee while they were in their separate trauma rooms in the ER; witness of the state Volume 3, 2nd day of Court Proceedings: James Pentz- civilian employee, St. Louis Metropolitan Police Department, program director of the television broadcast facilities for the St. Louis Police Department- videotaped the deposition of Dr. James Eugene Lewis with the two attorneys, witness of the state Dr. James Eugene Lewis- deposition played in open court on day 2; witness for the state

16 James Ramsey- evidence technician unit, the laboratory division of the St. Louis Metropolitan police department which is to say his job is to search for latent fingerprints, collect physical evidence and take photographs at various scenes throughout the city; was the first evidence technician unit officer to arrive on the scene at the house of Joanne Tate to collect evidence, took the photographs at the scene; witness of the state John Logan- evidence technician unit, the laboratory division of the St. Louis Metropolitan Police Department; assisted James Ramsey in collecting evidence at the scene, he was the one who seized and marked evidence, dusted for fingerprints, and collected blood samples; witness of the state William Swyers- laboratory division, technical arts section of the St. Louis Metropolitan Police Department; duties are to make plats or charts of crime scenes and making sketches of wanted subjects; made the sketch of the subject wanted in this homicide based on Melissa Davis's description of the subject, Detective Burgoon was present during this as well; witness for the state Daniel Clenney- brother of the deceased victim Joanne Tate, uncle of the two girls Melissa and Renee. After the sketch was released of the alleged suspect on the news, this guy was certain he knew who the picture looked like so him and his other sister Abigail went down to the police station the following morning and talked to Detective Burgoon, who read off a list of names to them because this guy couldn't put a name to the face he thought he recognized and when the detective hit the name Rod Lincoln, it was toward the bottom of the list, he said, "that's it." And the detective said they'd check it out; witness for the state Ronald Scaggs- Homicide Detective for the St. Louis Police Department; was one of the detectives on the case; witness for the state Donna Becherer Bell- a criminalist in the laboratory division of the St. Louis Police Department; she analyzes physical evidence brought into the laboratory by police officers; was given the pubic hair of Rodney Lincoln in the lab by Detective Scaggs, she then handed it over to Harold Messler, the head chemist in the lab; witness for the state Joseph Crow- a criminalist in the laboratory division of the St. Louis Police Department; examined a blue blanket taken from the scene of the murder of Joanne Tate, found the pubic hair believed to be the alleged suspects in the blue blanket; witness for the state Harold Messler- chief criminalist, the head chemist in the laboratory division of the St. Louis Police Department; analyzed the pubic hair sample thought to be Rodney Lincoln's from the blue blanket taken from the scene of the murder using forensic examination of human hair; witness for the state, more than once Dr. Elizabeth Laposata- board certified in anatomic pathology and forensic pathology, was a member of the medical examiner staff at the Medical Examiner's Office in the city of St. Louis. She was the medical examiner that went to the scene and then examined the body of Joanne Tate back at the morgue; witness for the state

17 Volume 4, 3rd day of Proceedings Steven Jacobsmeyer- Detective Sergeant in the homicide division of the St. Louis Police Department; obtained pubic hair samples from some individuals at the request of Detective Burgoon then delivered to Detective Burgoon in police department envelopes; witness for the state Michael Indelicato- homicide division detective for the St. Louis Police Department; obtained pubic hair sample from individuals and put them in police envelopes and gave them to Det. Burgoon; witness for the state George Bender- homicide detective in the St. Louis Police Department; partner of Detective Burgoon, working with him on this case; also obtained pubic hair samples from individuals to be compared by Harold Messler in the lab Joseph Burgoon- homicide detective in the St. Louis Police Department; became involved in the investigation on May 4, 1982 (8 days after day of crime), was in charge of the investigation from then on, the primary investigating officer; transferred the pubic hair samples, 33 of them, in envelopes to the lab to give to Harold Messler for comparison to the hair found on the blanket at the scene of the murder; witness of the state Melinda Parris- daughter of the deceased victim Joanne Tate, older sister of Melissa Davis and Renee Tate; was in the ER with Melissa while the police were questioning her, also asked her questions William "Billy" Hayes- an alleged eyewitness of a man covered in blood that he saw running away about two blocks away from Joanne Tate's house around 3-4 in the morning the morning of the murder; an acquaintance of Joanne Tate; was a suspect for part of the investigation due to his name "Bill"; witness for the defense Robert Salzman- Vice President of Mound City Grocery Company, the defendant Rodney Lincoln's employer; Rodney was one of his drivers for deliveries, saw him at Sam the morning of the murder when Rodney came into work as usual and continued to do so all week that week; witness for the defense Richard Cardwell- provided aerial maps of portions of the city for the trial; witness of the defense Michael Donatt- full time law student, law clerk for the defense attorney Mr. Hampe; went over the aerial maps in court; witness for the defense, twice Ronald Dodson- homicide detective for the St. Louis Police Department; gave some photographs to Wayne Munkel to show to Melissa Davis in the hospital; witness for the defense Mary Marlow- mother of Rodney Lincoln, age 72, 5'4", weighs 751bs. (she is a contradiction of how Melissa Davis described the mother of the assailant originally)

18 Diane Keenan- formerly known as Diane Packineau; former girlfriend of Rodney Lincoln during the time of the murder; testified that he was home the morning of the murder, at his mother's house and that he has never been referred to, by himself or anyone else, as Bill; witness for the defense Robert Lincoln- brother of the defendant Rodney Lincoln Lisa Parsons- Law student and clerk for the defense attorney Mr. Hampe, testified about pictures of the parks that were shown to Melissa Davis Abigail Wallace- sister of the deceased victim Joanne Tate; rebuttal witness for the state

19 Phillip W. Esp~in, EI.D. Psychologist 4242 N. 56th Street, Phoenix, Arizona Phone (602) FAX (602) Professional Background VITAE Private Practice-Forensic Psychology OD1 - Consultant Area of Special Interest - Children, Youth and Families. Psychological Evaluations: Criminal Competency Civil Competency Evaluations Regarding AggravationIMitigation Proceedings Parental Evaluations Regarding Dependency and Severance Issues Victim Impact Evaluations (Evaluations Regarding Impacts of Trauma and Psychotherapeutic Treatment Needs) Evaluations Regarding Custody and Visitation Issues Evaluations Involving Allegations of Parental Maltreatment in Divorce Settings Psychological Investigations in "Hostile Work Environments" Senior Research Consultant ( September 2006) National Institute of Child Health and Human Development Child Witness Research Project - Contract #md Contact Psychologist: Michael E. Lamb, Ph.D. Professor of Psychology in the Social Sciences Cambridge University Update: June 20 10

20 President Behavior Evaluation Specialist Teams, Inc. (A Private Psychological Group Practice) Provided Psychological Evaluations and Clinical Services to Adults, Adolescents, Children, and Families. Inpatient Psychological Consultant Adult Psychiatry, Adolescent Psychiatry, and Child Psychiatry. Saint Luke's Hospital Phoenix, Arizona Contract Psychologist Arizona Department of Economic Security, Child Protective Services. Provided Consultation, Evaluation, and Treatment to Dysfunctional Family Systems. Contract School Psychologist Arizona Diagnostic Development Project. Performed Psychological Diagnostic Evaluations Under the Supervision of Dr. Leo Munoz to the Arizona Job Corps and Workman's Compensation Fund. Doctoral Intern in School Psychology Tempe EIementary School District. SPARC - Special Program Aimed at Reaching Children. (A Federally Funded Demonstration Project Cosponsored by Tempe Elementary School District and Tri City Mental Health Clinic.) Performed Psychological Evaluations, Program Consultations, and Behavioral Therapy with Parents of Special Education Children.