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Page 51 1 A. Correct. 2 Q. And did you and he talk about what he should 3 tell the media? 4 A. Yeah. 5 Q. What did you -- what did you guys talk about 6 that he should tell the media? 7 MR. THOMAS: Objection. Calls for 8 privileged communication. 9 MR. DAVISON: He’s already said it 10 wasn’t in a legal capacity. 11 MR. THOMAS: He’s not free to waive 12 that. 13 MR. DAVISON: It’s his privilege to 14 waive. He’s the only one that can. 15 MR. THOMAS: I instruct him not to 16 answer about any conversations he had with Mr. 17 Sampson. 18 Q. Are you refusing to answer that question? 19 A. I do. 20 Q. Okay. You said that’s the only -- that Mr. 21 Sampson didn’t charge you for that 22 representation. I take it from your answer that 23 he’s charged you in other contexts? 24 A. Uh-huh. 25 Q. You have to answer out loud, Mr. Hobbs.
Page 52 1 A. Yes. 2 Q. What -- what other representation or how -- 3 when else did you hire Mr. Sampson in which he 4 represented you in which you paid him money? 5 A. He did a Hollywood film contract with us. 6 Q. Is that the Dimension Film, or is that a 7 different one? 8 A. It’s Dimension Films. 9 Q. And he -- he was your entertainment lawyer I 10 guess? 11 A. That’s what he listed in the phone book as. 12 Q. Entertainment lawyer. So he’s an 13 entertainment lawyer and also a criminal lawyer? 14 A. He is. 15 Q. Okay. And he represented you when you sold 16 your life story to Dimension Films, right? 17 A. He did. 18 Q. And that was your life story in conjunction 19 with the murders that we refer to as the West 20 Memphis Three, right? 21 A. That’s my life story. 22 Q. Well, they were -- they were particularly 23 interested in the West Memphis Three and the 24 murders, correct? 25 A. I’m not sure. I just sold them my life
Page 53
1 story. 2 Q. How much money did you sell them your life 3 story for, Mr. Hobbs? 4 A. Is it relevant? 5 Q. Yes, sir. 6 A. 12,500. 7 Q. That’s what you got, and Pam got 12,500, too? 8 A. We did. 9 Q. And you anticipated that they were going to 10 make a movie out of that, right? 11 A. We were led to believe that. 12 Q. And you were cool with that, right? 13 A. Well, they presented it in a way that you 14 felt comfortable with it. 15 Q. And you were comfortable having your life 16 story and your involvement with the murders and 17 the trial made into a movie, and that’s why you 18 sold them the life story? 19 A. Exactly wrong. 20 Q. Well, why -- 21 A. You just sat there and said my involvement 22 with the murders. That’s a stupid question. 23 Q. Your involvement, meaning your stepson -- 24 whatever your involvement was, whether it be your 25 step -- how you found that he was missing, to the
Page 54 1 trial, to the hubabub afterwards. I didn’t say 2 that you were involved, Mr. Hobbs. But your 3 involvement, whatever that is, as the stepson, as 4 the stepfather -- 5 A. As a parent. 6 Q. As a parent. 7 A. As a parent. 8 Q. You were comfortable with selling your story 9 and having that story made into a movie that 10 would have national release, were you not? 11 A. I guess. 12 Q. Yes or no? 13 A. I guess. 14 Q. I’m sorry. Yes or no? 15 A. We did sign a contract. 16 Q. And you anticipated that a movie with a 17 national release would be made? 18 A. Correct. 19 Q. And you were okay with that? 20 A. At that time we were. 21 Q. All right. And actually you sat down on two 22 separate occasions and gave a detailed interview 23 to Dimension Films, did you not? 24 A. We talked to them, yes. 25 Q. And they asked -- on two separate occasions,
Page 55 1 at least two separate occasions? 2 A. Seemed like it. 3 Q. And you told them basically what happened 4 that day, right? 5 A. Some. We didn’t go into detail like you 6 think. 7 Q. Well, I’ve read it. I’ve read the -- I’ve 8 read the notes. 9 A. Okay. 10 Q. Were you honest and truthful about what 11 happened? 12 A. I try to be. 13 Q. You didn’t make stuff up? 14 A. Correct. 15 Q. And what you told those folks actually 16 happened, right? 17 A. Well, I’m not sure what I told them. It’s 18 been a while ago. 19 Q. You tried to be truthful at the time? 20 A. I do. 21 Q. Okay. And the journals, the handwritten 22 journals that you produced in this case? 23 A. Uh-huh. 24 Q. Do you remember those? 25 A. I do.
Page 56 1 Q. You started making those journals May the 2 5th? 3 A. No, sir. 4 Q. When did you start making them? 5 A. Sometime in the nineties, early nineties. 6 Q. In the early nineties? 7 A. Uh-huh. 8 Q. Before or after the murders? 9 A. After. 10 Q. Okay. Do you recall how long after the 11 murders? 12 A. I don’t. 13 Q. And in the journals, you set out kind of what 14 happened from your perspective, correct? 15 A. As I seen it that night. 16 Q. And were you truthful and honest in those 17 journals? 18 A. The best I could be and can be. 19 Q. Okay. And so what you put in the journals is 20 how you recall everything came down that night? 21 A. Through my eyes, yes. 22 Q. Okay. And you have attempted to sell those 23 journals to book publishers, have you not? 24 A. Yes. 25 Q. When did you start trying to sell those
Page 57 1 journals to book publishers? 2 A. I’m not sure. 3 Q. Can you give me a time frame, sir? 4 A. No, sir. 5 Q. Has it been -- when was the last -- do you 6 recall when the first time you did? 7 A. No. 8 Q. Do you recall the last time you did? 9 A. No. 10 Q. Do you recall who you sent it to? 11 A. No. 12 Q. Do you recall how many people you sent it to? 13 A. No. 14 Q. Did anyone -- did you ever get any response 15 from any of the folks that you sent it to? 16 A. No, other than -- yes, I think I did. I 17 think one of them told me to send them $1200 and 18 they would work on it. 19 Q. Okay. Did you keep any documents or records 20 of the folks that you sent the -- the journals 21 to, the publishers? 22 A. No, not that I can recall. 23 Q. Do you ever recall telling folks that you had 24 a book deal? 25 A. Sure.
Page 58 1 Q. You were lying? 2 A. No, no, I don’t think I said a had a book 3 deal, no. 4 Q. Okay. You never told anybody you had a book 5 deal? 6 A. Maybe not like you’re trying to say. I might 7 have told them I was working on one, would like 8 to get one. 9 Q. Okay. But you never told anybody you had a 10 book deal? 11 A. I’m not sure. 12 Q. Well, if you did, that would be a lie, 13 wouldn’t it? 14 A. I’m not sure. 15 Q. Well, have you ever had a book deal? 16 A. No. 17 Q. So if you told somebody you had a book deal, 18 that would be a lie? 19 A. I might have told somebody I was working on 20 one at the time. 21 Q. Do you consider yourself an honest man, Mr. 22 Hobbs? 23 A. I try. 24 Q. Who else have you sold your life story to 25 other than Dimension Films?
Page 59 1 A. Nobody that I can recall. 2 Q. So if you -- if someone else -- so you’ve 3 never testified to that -- or not testified -- 4 you’ve never said that, that you sold your life 5 story or had a deal to sell your life story to 6 somebody else? 7 A. I’m not sure. 8 Q. You’re not sure or you didn’t? 9 A. I don’t recall saying something like that. 10 Q. And do you recall any other efforts or 11 discussions with folks to sell your story, life 12 story, to other entities, for book deals or movie 13 deals or anything like that? 14 A. Well, we’ve always talked about books. 15 Q. Uh-huh. 16 A. But I don’t know of anyone else that I’ve 17 talked to to buy it. 18 Q. Okay. What about movies or films? 19 A. The HBO made a couple of documentaries. 20 Q. Right. And that’s Paradise Lost and Paradise 21 Lost 2? 22 A. It is. 23 Q. Any other films? 24 A. No. 25 Q. Were you compensated with regard to the HBO
Page 60 1 films about the murders? 2 A. No, sir. 3 Q. Did you -- you signed releases so that you 4 could appear in those, right? 5 A. I’m not -- I don’t remember. 6 Q. You were okay with being in those? 7 A. Well, we -- we all talked about it. 8 Q. Who’s we? 9 A. Every family involved. 10 Q. What did you -- of the three little boys? 11 A. Correct. 12 Q. All right. And what do you recall discussing 13 with the family of the three little boys about 14 the two HBO movies? 15 A. Some of us didn’t want to do it, some of them 16 wanted to do it. 17 Q. How did you come out on that? 18 A. How did you come out, I don’t recall. They 19 were going to do it anyway. 20 Q. Did you watch the video -- the documentaries? 21 A. Well, I did. 22 Q. What do you think of them? 23 A. Totally wrong. 24 Q. In what respects? 25 A. The portrayal.
Page 61 1 Q. Portrayal of who, you? 2 A. No. 3 Q. Of who? 4 A. The convicted. 5 Q. How was it totally wrong? 6 A. They kind of portray them as being innocent. 7 Q. Okay. How else were the documentaries 8 totally wrong? 9 A. I couldn’t tell you. 10 Q. You’ve never been deposed before, have you, 11 Mr. Hobbs? 12 A. Been where? 13 Q. Deposed, had to do this before? 14 A. No. 15 Q. Okay. Never testified in court before? 16 A. No. 17 Q. Okay. Never been a party to a lawsuit 18 before? You have to answer out loud? 19 A. No. 20 Q. No. Okay. 21 MR. THOMAS: I think he’s been a 22 party in a divorce proceeding. 23 MR. DAVISON: I understand that. 24 Q. I meant more of a civil. 25 A. No, sir.
Page 62 1 Q. Okay. 2 A. I’ve been through a divorce, two of them. 3 Q. Two of them. It happens. What -- very 4 briefly, sir, what’s your educational background? 5 A. High school. 6 Q. Finish high school? 7 A. No. 8 Q. 10th grade, is that the last year? 9 A. Roughly, I believe it was. 10 Q. Okay. Did you finish the 10th grade? 11 A. I don’t remember. 12 Q. Okay. Where did you go to school? 13 A. Well, I went to Cave City High School and 14 (inaudible) High School here in Arkansas. 15 Q. Okay. Why did you drop out? 16 A. I couldn’t tell you. Young and dumb. 17 Q. Okay. No other formal education? 18 A. No. Manager’s training, I graduated there as 19 a manager. 20 Q. You graduated where as a manager? 21 A. Manager’s Training Center in Memphis. 22 Q. Okay. Where did you currently live? 23 A. Memphis, Tennessee. 24 Q. What’s the address? 25 A. It’s been 2--- K-------C---.
Page 63 1 Q. Is that a house? 2 A. It is. 3 Q. Do you own that house? 4 A. No, sir. 5 Q. Who owns the house? 6 A. D--- K---------. 7 Q. Do you rent it from Mr. K---------? 8 A. Some. A room in there. 9 Q. So he lives there as well? 10 A. Uh-huh, him and his wife. 11 Q. Okay. And how long have you lived with 12 Mr. K-------? 13 A. A couple of years. 14 Q. Who else lives there? 15 A. Their daughter. 16 Q. How old is she? 17 A. 20-something. 18 Q. Who else lives there? 19 A. Her boyfriend. 20 Q. What’s his name? 21 A. Ernest. 22 Q. Ernest what? 23 A. I don’t know. 24 Q. Okay. Who else lives there? 25 A. Nobody that I know of.
Page 64 1 Q. Okay. Where did you live before that? 2 A. On Macon Road. 3 Q. What address? 4 A. I don’t remember. 5 Q. Is it a house? 6 A. It was. 7 Q. Did you own that house? 8 A. Rented. 9 Q. Who did you rent it from? 10 A. I don’t recall his name. 11 Q. Did he live there, too? 12 A. No. He lived in Mississippi. 13 Q. Okay. Was that in Tennessee? 14 A. The Macon Road house was in Tennessee. 15 Q. How long have you lived in Tennessee? 16 A. Since ’94. 17 Q. Consistently since that time you’ve lived 18 there? 19 A. Uh-huh. 20 Q. You have to answer out loud. 21 A. Yes. 22 Q. Okay. Where do you currently work? 23 A. Discount Building Supply. 24 Q. How long have you worked there? 25 A. A little over two years.
Page 65 1 Q. And what do you do for them? 2 A. I’m a salesman. 3 Q. What do you sell? 4 A. Anything to build a house with. 5 Q. Okay. Have you had any discussions with 6 anybody there about this lawsuit? 7 A. Oh, we talk about everything there. 8 Q. Do you talk about the lawsuit? 9 A. We have. 10 Q. Who have you talked to the lawsuit about at 11 your work? 12 A. Probably every employee there. 13 Q. Can you -- can you name the five people that 14 you’ve talked to the most about this lawsuit at 15 your -- at the job? 16 A. Probably Terry, Brett, Chris. 17 Q. I’m sorry. I need -- Terry? 18 A. Terry D----. 19 Q. Terry D----? 20 A. Brett A-------. 21 Q. Brett A-------? 22 A. Chris C---. 23 Q. Okay. Who else? 24 A. I don’t even know the rest of them’s last 25 names.
Page 66 1 Q. Well, what are their first names? 2 A. Vince. 3 Q. And who else? Give me one more. 4 A. Luther. 5 Q. What have you talked to them about the 6 lawsuit about? 7 A. Huh? 8 Q. What have you talked to them about about the 9 lawsuit? 10 A. I’m not sure. I don’t keep up with it. 11 Q. Okay. Have you told them you’re going to get 12 rich off this lawsuit? 13 A. No, nothing about money. 14 Q. Have you told anybody you’re going to get 15 rich off this lawsuit? 16 A. Not that I can recall. 17 Q. Have you told anyone that you’ve already 18 received an offer to pay you off in this lawsuit? 19 A. Huh-uh. 20 Q. You have to answer out loud. 21 A. No. 22 Q. And if you did -- if you did, that would be a 23 lie, wouldn’t it? 24 A. I imagine. Ain’t no one offered me nothing. 25 Q. So if you told someone that you had been
Page 67 1 offered money, that would be a lie, right? 2 A. I guess. 3 Q. And have you ever told anybody that you would 4 pay them a portion of the money that you got out 5 of this lawsuit? 6 A. No. 7 Q. So if anybody testified about that, they 8 would be lying? 9 A. Yeah. 10 Q. Because you’re not going to share your money, 11 are you? 12 A. I’m not about money. 13 Q. Okay. You’re not about money. You’re about 14 humiliation, right? 15 A. Okay. 16 Q. Isn’t that right? Isn’t that what this is 17 all about, humiliation; isn’t that what you said? 18 A. Earlier. 19 Q. Well, is that right? Is that what this is 20 all about, Mr. Hobbs, humiliation? 21 MR. THOMAS: Objection. It assumes 22 facts not in evidence. He didn’t say it was all 23 about -- 24 MR. DAVISON: You know what? It’s 25 objection form or not, or we’re going to get on
Page 68 1 the phone with the judge, okay? You can’t -- you 2 can’t coach this witness. I get to ask my 3 questions. 4 MR. THOMAS: You cannot misrepresent 5 his answer to your question. 6 MR. DAVISON: Well, then object -- 7 object to form. 8 MR. THOMAS: That’s what I did. 9 MR. DAVISON: And then you started 10 to talk. 11 MR. THOMAS: You’re 12 mischaracterizing the evidence. 13 Q. Can you answer the question, Mr. Hobbs? 14 Isn’t this all about humiliation? 15 A. It’s to me is about justice. 16 Q. You’ve been humiliated about the allegations, 17 right, that have been made against you? 18 A. Correct. 19 Q. And you want to get revenge and humiliate 20 against people who made -- 21 A. I want my day in court. I want my form of 22 justice as the Court deems necessary. That will 23 make me a little more happier. 24 MR. DAVISON: We need to change the 25 tape so let’s go off, and then I’ve just got
Page 69 1 about five minutes and we’ll take a break, but I 2 want to ask one set of question. Off the record. 3 VIDEOGRAPHER: We’ve going off 4 record to change tapes at 9:59 a.m. 5 (Off the record.) 6 (Back on the record.) 7 VIDEOGRAPHER: We’re now back on 8 record after a tape change at 10:02 a.m. 9 Q. (By Mr. Davison) Mr. Hobbs, you understand 10 that you are still under oath? 11 A. I do. 12 Q. Okay. I have -- I’ll be honest, as part of 13 this lawsuit, I have learned more about the 14 events of May the 5th than I ever knew about. 15 And I’ll also be honest, in that, in reading 16 these materials, looking at your police 17 interview, reading your journal, listening to 18 what other people said, it’s -- it’s still 19 unclear to me as to what happened that night, so 20 I wanted you to tell the ladies and gentlemen of 21 the jury, in your own words, what -- what 22 happened that night and what you did from when 23 you got off work until the three little boys were 24 found. I want you to tell us in your own words 25 what happened. Can you do that?
Page 70 1 A. I can. 2 Q. Please do. 3 A. But I’d rather not. 4 Q. Well, I appreciate that you’d rather not, but 5 I need you to. You’ve brought this lawsuit -- 6 A. If you had to relive something like this. 7 Q. Mr. Hobbs, you’ve brought the lawsuit. You 8 chose to relive it. And so I want you to look 9 into that camera and tell the ladies and 10 gentlemen of the jury under oath what happened 11 that day and what you did. 12 A. I did what a parent would have done. 13 Q. I want you to walk me through from when you 14 got off work what you did and what happened until 15 the little boys were found. And I apologize if 16 it’s hard to relive. I have two little boys of 17 my own, and I can only imagine -- 18 A. No, you can’t. 19 Q. I can only imagine the pain. 20 A. You cannot. 21 Q. Well, maybe I can’t, but I’ve lost -- I’ve 22 lost a brother to sudden death as well, so I 23 think I have a little empathy, maybe not as much. 24 But I need you, since you brought this lawsuit, 25 to look into that camera and tell the jury what
Page 71 1 happened. 2 A. As a parent, I come home from work May the 3 5th, 1993. 4 Q. Yes, sir. 5 A. I noticed that one of my children was not 6 home. I asked my wife, where is Stevie. He’s 7 gone off riding his bicycle with his friend 8 Michael Moore. I did what any other parent would 9 have done. I go outside and I look down the 10 street seeing when he is supposed to come home. 11 He was supposed to have been home by 4:30. 12 Couldn’t -- didn’t see him on the sidewalk. 13 Pam cooking supper. Why? Had to be at work by 5 14 o’clock. We -- we don’t eat supper because 15 Stevie is not home, and we’d always eat supper 16 together. And it comes 5 -- getting close to 5 17 o’clock and we decide to go ahead and take Pam to 18 work. 19 Q. That’s you and Amanda? 20 A. Me and Amanda and Pam. 21 Q. And Pam. You and Amanda decide to take Pam 22 to work? 23 A. We all three decided that it was time for her 24 to go to work. 25 Q. Between 4:30 and when you got home, it was
Page 72 1 time to take Pam, other than walking out and 2 looking in the street. Did you do anything to 3 find Stevie? 4 A. Not before then. 5 Q. All right. Go ahead. 6 A. We take Pam to work by 5 o’clock. We stopped 7 over at the Moore’s house. 8 Q. Pam worked where? 9 A. At Catfish Island restaurant. 10 Q. Okay. And how -- 11 A. In West Memphis. 12 Q. How long did it take you to get from your 13 house to the catfish place? 14 A. Roughly 10 minutes. 15 Q. And did she get there right at 5:00 or a few 16 minutes before? 17 A. She usually tried to go in a few minutes 18 early. 19 Q. Okay. And then you and Amanda then went back 20 to your -- 21 A. We stopped by the Moore’s house, Michael’s 22 Moore’s parents’ home, on the way over there to 23 take Pam to work. 24 Q. Were -- were they home? 25 A. No.
Page 73 1 Q. Did you ring -- 2 A. The daughter was there. 3 Q. Did you -- you rang the bell and talked to 4 the daughter? 5 A. Pam -- I’m not sure if it was me or Pam that 6 done that. 7 Q. Well, Pam -- Amanda was what, four? 8 A. Correct. 9 Q. So you sat in the car and sent your 10 four-year-old to the door? 11 A. I said Pam. 12 Q. Oh, Pam. I thought it was -- well, no, hold 13 on now. We’ve already dropped -- 14 A. We were on our way to take Pam to work. 15 Q. Okay. Well, my question before -- and I 16 apologize. My question before had been, before 17 you got home -- after you got home and before you 18 dropped Pam off, what you had done other than go 19 outside in the street, and you said nothing. Now 20 you and Pam and Amanda stopped at the Moores on 21 the way or was that after you dropped Pam off? 22 I’m -- you can see why I’m confused, Mr. Hobbs? 23 A. On our way to take Pam to work we stop at the 24 Moore’s home. 25 Q. Okay. So Pam was still with you at that
Page 74 1 time? 2 A. Yes, sir. 3 Q. Okay. And Pam went to the front -- to the 4 Moore’s house? 5 A. One of us did. 6 Q. You or Pam, you don’t remember which? 7 A. Correct. 8 Q. And you rang the bell, and Mrs. Moore wasn’t 9 there but their daughter was there? 10 A. Yes. 11 Q. And who was their daughter? 12 A. Dawn Moore. 13 Q. And how old was Dawn at the time? 14 A. I think she was a little bit older than 15 Stevie. 16 Q. Okay. Eight, nine, 10? 17 A. Something like that. I’m not sure. 18 Q. Okay. And no one -- no one else was home. 19 Stevie obviously wasn’t there? 20 A. Correct. 21 Q. Okay. And so -- and then at that point, you 22 went from the Moore’s to the catfish place? 23 A. We did. Took Pam to work. 24 Q. And you got to the catfish place a little bit 25 before 5:00, and it took five minutes to get from
Page 75 1 your house to the catfish place. Where is the 2 Moores in relation to the route you would have 3 taken from your house? 4 A. The only route to -- from our home to her 5 work. 6 Q. Well, do you recall what time you left your 7 house to -- 8 A. No, I don’t. 9 Q. -- to stop at the Moores? 10 A. No. 11 Q. Okay. All right. So you drop -- then you 12 drop -- you and Amanda drop Pam off and 5 13 o’clock? 14 A. Roughly. 15 Q. And then you go -- roughly. And then you go 16 back home. You don’t stop at the Moores again, 17 right? 18 A. I stopped at the Moores’ home on the way back 19 to see if the boys had made it there. 20 Q. Okay. 21 A. And they were not there. 22 Q. And did you go to the front door or did 23 Amanda? 24 A. I did. 25 Q. Okay. So now you went to the front door.
Page 76 1 And was just the daughter there still? 2 A. Yes. 3 Q. Anybody else there? 4 A. Not that I could see. 5 Q. All right. Then -- then what happened? 6 A. Well, we ride around the neighborhood looking 7 for them, because we know they’re on bicycles. 8 Q. So you and Amanda drove around the 9 neighborhood? 10 A. We did. We did that for a while. 11 Q. Do you recall how long? 12 A. No, I don’t. But anyway, we’re riding around 13 the neighborhood looking for our little boys on 14 bicycles. We don’t find them. 15 Q. Did you know who Stevie was with at that 16 point? 17 A. He was supposed to have been with Michael 18 Moore. That’s all I knew. 19 Q. Okay. 20 A. So we -- 21 Q. Where did you drive around looking? 22 A. Our neighborhood that we live in, West 23 Memphis. 24 Q. Okay. All over West Memphis? 25 A. In our neighborhood.
Page 77 1 Q. What’s the -- does the neighborhood have a -- 2 A. It does not. 3 Q. What would be the boundaries of the area in 4 which you searched then, Mr. Hobbs? 5 A. From our home to his home. 6 Q. To the Moore’s home? 7 A. Correct. 8 Q. And where is the Robin Hood area; where is 9 that in relation to that? 10 A. Robin Hood was behind the Moore’s and Byers’ 11 home. 12 Q. Okay. Okay. So you stopped at the Moores. 13 No one except the daughter is there. You drive 14 around with your four-year-old daughter for a 15 while? 16 A. Right. 17 Q. Then what happened? 18 A. And we go back to our home and we parked the 19 car, and me and Amanda walk around the 20 neighborhood. 21 Q. Do you recall about what time that is, sir? 22 A. No, I don’t. 23 Q. Was it before 6:00 or after 6:00? 24 A. I don’t recall. 25 Q. Okay.
Page 78 1 A. But we’re riding around the neighborhood -- 2 or walking around at this point. 3 Q. Okay. 4 A. Seeing if we could hear them, you know, see 5 them or something, and we don’t. So we go back 6 to our house, and Dawn Moore is pulled up in my 7 driveway. 8 Q. Do you know about what time you went back to 9 your house? 10 A. No, I don’t. 11 Q. Any sense, 7 o’clock, 6:30, 7:00, 8:00, 9:00? 12 A. No, I don’t. 13 Q. Was it light? 14 A. It was still daylight. 15 Q. Okay. So you went back to your house, and 16 Ms. Moore then came to your house? 17 A. She pulls up in our driveway. 18 Q. Okay. 19 A. And she asked us if Michael Moore is at our 20 house, and I said no, is Stevie at yours, and she 21 said, no, but I’m heading back to her house -- or 22 she’s heading back to her house. And I said, 23 we’ll follow you over there and see if the boys 24 are there. 25 We get over at her house, the boys are not
Page 79 1 there. And we’re standing in her front yard 2 talking, and here comes John Mark Byers walking 3 across the street, and that’s the first time I 4 met John Mark Byers. 5 Q. Do you recall about what time this was, sir? 6 A. No, I don’t. And he asked is Christopher 7 over at the Moore’s home, and we -- you know, 8 Dawn -- or Dana speaks up and tells him no. And 9 it might have been then when we figured out they 10 all three might have been together. 11 VIDEOGRAPHER: Mr. Hobbs, I hate to 12 interrupt, but you’re covering your microphone. 13 MR. DAVISON: Thank you, sir. 14 Q. How long were you at the Moores before Mr. 15 Byers showed up? 16 A. I’m not sure. 17 Q. Five minutes, 10 minutes, a half-hour? 18 A. I’m not sure. 19 Q. Was it a short period of time or a long 20 period of time? 21 A. I’m not sure. 22 Q. How long were you at the Moore’s house? 23 A. It wasn’t that long, but I don’t know how 24 long. It wasn’t long. 25 Q. Okay. All right. So then what -- Mr. Byers
Page 80 1 shows up looking for his son, right? 2 A. Correct. 3 Q. Then what happened? 4 A. We just split up and start looking for them. 5 Q. Okay. Split up -- 6 A. Dawn stays at the home and says she’ll wait 7 by the phone in case somebody called. I take my 8 daughter over to a friend’s home. 9 Q. Who is that? 10 A. David Jacoby and his wife Bobbie, they had 11 little kids also. David goes with me and we 12 start riding around looking for the little boys. 13 At the same time the Byers and Mark and Melissa 14 are riding around looking for their boy, and we 15 continue this for all the way up to the next 16 morning. 17 Q. Okay. I need to fill in a few -- obviously 18 fill in a few -- few blanks. How long were you 19 at Mr. Jacoby’s house? 20 A. Long enough to drop my daughter off and see 21 if he’d go help me. 22 Q. And did he go help you? 23 A. He went around with me and we rode around 24 looking, he sure did, all the way up till early 25 in the morning.
Page 81 1 Q. Well, let’s back up. So what -- what time -- 2 do you recall what time you left Amanda at Mr. 3 Jacoby’s house? 4 A. No, I don’t. 5 Q. Do you recall how -- and you and Mr. Jacoby 6 rode around in a car looking? 7 A. We did. 8 Q. Your car or his car? 9 A. Probably mine. 10 Q. What kind of car were you driving? 11 A. I don’t remember. 12 Q. Where did you drive around? 13 A. The whole city of West Memphis. 14 Q. Just in your neighborhood or just all -- 15 A. The whole city of West Memphis. 16 Q. Okay. Did you play any Guitar Hero while you 17 were at Mr. Jacoby’s? 18 A. I don’t recall. I don’t remember that. 19 Q. You don’t remember playing Guitar Hero at Mr. 20 Jacoby’s for a while? 21 A. Not that day. I don’t remember. 22 Q. You used to play Guitar Hero a lot at his 23 house, right? 24 A. No. Never. 25 Q. Never played Guitar Hero at his house?
Page 82 1 A. I played guitars at his house. 2 Q. Guitars. I’m sorry. 3 A. But not the game. 4 Q. I apologize. Do you recall playing guitars 5 at his house that night? 6 A. No. 7 Q. You don’t recall or you didn’t? 8 A. I don’t recall. 9 Q. Did you smoke any marijuana while you were at 10 his house? 11 A. No. 12 Q. That night? 13 A. No. 14 Q. Do any other drugs while you were at his 15 house that night? 16 A. No. 17 Q. While you were out looking for the boys, 18 prior to the time that you went to pick Pam up at 19 work, did you ever find the boys? 20 A. No. 21 Q. If somebody testifies that they saw you with 22 the boys that night? 23 A. Do what? 24 Q. If somebody testified that they saw you and 25 the boys, would they be lying?
Page 83 1 A. Uh-huh. They would be lying. 2 Q. Because you never find the boys? 3 A. No, I never found them. 4 Q. Never found them alive? 5 A. Never found them at all. 6 Q. So if someone were to testify that they saw 7 the three little boys standing behind you on the 8 evening of May the 5th, prior to the time that 9 you went to pick up Pam, they’d be mistaken? 10 A. Most definitely. I can’t wait to hear that 11 one. 12 Q. Did you see Stevie at all that day, May the 13 5th? 14 A. No, I did not. 15 Q. Did you see any of the three boys that day? 16 A. No, I did not. 17 Q. So you didn’t give Stevie -- what time was 18 Stevie supposed to be home, you said 4:30? 19 A. Pam told me 4:30. 20 Q. Okay. You never gave Stevie permission to 21 stay out later that night? 22 A. No. I never seen Stevie that day. 23 Q. Okay. Did you talk to Stevie that day? 24 A. No. 25 Q. Did you have a phone in your house?
1 A. Uh-huh, we did. 2 Q. Was it working? 3 A. Sure. 4 Q. Okay. So you and Mr. Jacoby -- so you 5 dropped your daughter Amanda off at Mr. Jacoby’s, 6 and you and Mr. Jacoby drove around all over West 7 Memphis looking for the three little boys? 8 A. Good answer. 9 Q. Well, that’s not my answer. That’s your 10 testimony, right? 11 A. It is. 12 Q. Okay. And you never found them? 13 A. We never. 14 Q. Never saw them? 15 A. Never. 16 Q. At some point, then you -- what time did you 17 stop looking with Mr. Jacoby? 18 A. David had to be at work May the 6th roughly 19 a.m., early a.m. May the 6th. 20 Q. When did you call the police to report that 21 your son was missing? 22 A. When we picked Pam up from work. 23 Q. Which was? 24 A. 9:00 p.m., May the 5th. 25 Q. 9:11 exactly, correct?
Page 85 1 A. Okay. 2 Q. Does that sound about right that you made the 3 call at 9:11? 4 A. I know we called from Catfish Island when I 5 picked her up at work. 6 Q. And at that point, Stevie was four-and-a-half 7 hours late? 8 A. 4:30 to 9:00. 9 Q. Why didn’t you call the police sooner? 10 A. I was busy looking and just thinking he was 11 playing at some boy’s house. 12 Q. Were you mad at him? 13 A. No. 14 Q. You weren’t mad at him for being late? 15 A. No. No. We didn’t act like that. 16 Q. You didn’t act like that? What do you mean 17 by that, sir? 18 A. We just didn’t act like that. 19 Q. Were you lenient with him; you didn’t punish 20 him much? 21 A. I was -- we was good parents. 22 Q. That’s not my question. Did you punish him 23 much? 24 A. No. 25 Q. Didn’t you tell the police in June of ’07
Page 86 1 that you used to hit him with a belt? 2 A. We correct him with a belt. We would whoop 3 him with a belt, but, no, we didn’t go around 4 hitting with belts. 5 Q. Well, when you got mad at him, you would hit 6 him -- you would punish him with a belt? 7 A. No. 8 Q. No? So you were lying to the police then? 9 A. No, sure wasn’t. 10 Q. Well, what is it? When you would punish him, 11 would you hit him with a belt or not? 12 A. Well, there was other forms of punishment 13 besides whooping them with belts. 14 Q. I understand that, but would you whoop him 15 with a belt? 16 A. I have. 17 Q. And you used to leave marks on him, didn’t 18 you? 19 A. Not that I ever seen. 20 Q. Do you lose your temper very often? 21 A. No. 22 Q. Pretty even keel guy? 23 A. Try to be. 24 Q. Have you ever hit your wife? 25 A. Slapped her once.
Page 87 1 Q. Only once? 2 A. Uh-huh. 3 Q. You have to answer out loud. 4 A. Yes. 5 Q. All right. So how long before you had to go 6 -- because it’s just you and Amanda went to pick 7 up am, Pam, right? 8 A. Correct. 9 Q. So at some point you had to go back to Mr. 10 Jacoby’s house to get your daughter? 11 A. Yes. 12 Q. At what point did you go back to Mr. Jacoby’s 13 house to get your daughter? 14 A. Before I went and picked Pam up. 15 Q. I understand that. How long? 16 A. I don’t know. 17 Q. Did you spend any time at Mr. Jacoby’s house 18 after you were out looking and you came back to 19 get Amanda before you went to pick up Pam, or was 20 it -- let’s get -- come on, Amanda, we got to go? 21 A. I’m sure I took her over there, dropped her 22 off -- or took him back home, picked her up and 23 we picked Pam up. I’m not sure how long we was 24 there. 25 Q. Did you have something to drink?
Page 88 1 A. I don’t drink. 2 Q. Glass of water? 3 A. No. 4 Q. And you don’t drink? You don’t drink 5 alcohol? 6 A. No. 7 Q. Did you then? 8 A. A little bit, socially. 9 Q. Socially. Well, did you have anything to 10 drink that night? 11 A. No. 12 Q. And it’s your testimony you weren’t mad at 13 your stepson for being out late? 14 A. Correct. 15 Q. When you and Mr. Jacoby were driving around 16 looking for Pam -- looking for Stevie, prior to 9 17 o’clock, did you get out of the car at all? 18 A. Sure. 19 Q. Where? 20 A. Different places in West Memphis. 21 Q. Do you recall -- 22 A. Go under -- we pulled up into this wooded 23 place, walked down a path under a bridge. 24 Q. What wooded place? 25 A. I don’t know what it’s called. Just -- we
Page 89 1 didn’t know what we was looking for, we was just 2 looking. 3 Q. So you were just walking around in the woods? 4 A. At different times, yes. 5 Q. Did you ever end up walking around in what’s 6 referred to as Robin Hill -- Robin -- 7 A. We have. We done that. 8 Q. So you and Mr. Jacoby got out and walked 9 around in the Robin -- Robin Hood Hills area 10 prior to the time you picked Pam up looking for 11 the little boys? 12 A. I’m not sure if we went to Robin Hood, but we 13 was all over West Memphis looking for them. 14 Q. My question to you, sir, is when you and Mr. 15 Jacoby were looking for the three little boys, 16 prior to the time that you picked up Pam, did you 17 get out of the car and walk around the Robin -- 18 A. I’m not sure. 19 Q. Well, wouldn’t that be something -- that 20 would seem to be something that you would 21 remember, if that’s where the little boys were 22 eventually found and you were there. So it’s 23 your testimony you can’t recall if you searched 24 the area where the three little boys were 25 actually found?
Page 90 1 A. Correct. No, we didn’t. 2 Q. I’m sorry? 3 A. We didn’t. 4 Q. You didn’t? You didn’t search the area? 5 A. Where they were found like you said, no. 6 Q. What about that general area? Did you get 7 out of the car in that general area? 8 MR. THOMAS: Is this question still 9 referring to the same time frame? 10 MR. DAVISON: The same time frame. 11 MR. THOMAS: 15 minutes ago? 12 MR. DAVISON: Absolutely, Ted. 13 A. No, I don’t recall. I’m not sure. 14 Q. You don’t recall? 15 A. We were in and out all over town, getting in 16 and out going different places looking for our 17 little boys. 18 Q. Okay. And then anything else that you did 19 other than drive around with Mr. Jacoby, in and 20 out of the car, different places, prior to the 21 time that you picked up Pam? 22 A. Not that I recall. 23 Q. Okay. You picked up Pam 9 o’clock? 24 A. (Nodding head up and down.) 25 Q. She came out with some candy for both kids?
Page 91 1 A. Correct. 2 Q. And did you tell her that Stevie was still 3 missing or did you walk right past her to make a 4 call? 5 A. No. She come out with two pieces of candy, 6 and she says, where is Stevie, and I said, we 7 haven’t found him yet. 8 Q. And then what did she say? 9 A. He’s dead. 10 Q. And what did you say? 11 A. Don’t say that. 12 Q. Then what happened? 13 A. One of us went and called the police. 14 Q. Who? 15 A. I don’t know. 16 Q. You don’t remember if you called the police 17 or Pam called the police? 18 A. Sure don’t. Don’t care. 19 Q. You called the police, didn’t you? 20 A. I don’t -- couldn’t tell you. 21 Q. You don’t know? 22 A. Don’t know. 23 Q. Do you know what the police were told when 24 they were called at 9:11? 25 A. Huh-uh.
Page 92 1 Q. You have to answer out loud. 2 A. No. 3 Q. Do you know what the police’s response was? 4 A. They came out and took a police report. 5 Q. Came out where? 6 A. To Catfish Island. We were still there when 7 they came. 8 Q. And how long -- how long did it take for them 9 to get to Catfish Island? 10 A. I’m not sure. It wasn’t long. 11 Q. Half-hour, five minutes, hour? 12 A. I’m not sure. 13 Q. What’s -- what’s not long in that sense of 14 time, Mr. Hobbs? 15 A. I’m not sure of that. We called the police 16 and they showed up. No one timed them. 17 Q. And who was looking for Stevie at this time 18 while you were waiting at Catfish Island for the 19 police to show up? 20 A. Well, I don’t know who was looking for 21 Stevie. I don’t know. 22 Q. To your knowledge, was anybody? 23 A. I don’t know if there was anybody out there 24 looking for Stevie. 25 Q. Well, was anybody looking for the other two
Page 93 1 boys as well? 2 A. You would hope. 3 Q. But you don’t know that? 4 A. Correct. 5 Q. And then the police came to Catfish Island, 6 you made a police report, right? 7 A. We did. 8 Q. And then what happened -- then what happened? 9 A. We leave Catfish Island, and we go to Robin 10 Hood with the police. 11 Q. Why did you go to Robin Hood with the police? 12 A. That’s the last place that we had heard that 13 someone had seen them. 14 Q. Well, wait a second now. Who said that they 15 had seen the boys at Robin Hood? 16 A. A lot of people. 17 Q. Who? 18 A. I don’t know their names. 19 Q. Can you give me one person who told you, 20 prior to the time that the police came to 21 Catfish, who told you that they had seen the boys 22 at Robin Hood? 23 A. No, I cannot. 24 Q. Well -- and you told the police that they 25 were last seen at Robin Hood, right?
Page 94 1 A. That’s what we had been told. 2 Q. Who told you -- and when you say we, that’s 3 what somebody had told you? 4 A. Exactly. 5 Q. And who had told you that the boys were last 6 seen at Robin Hood? 7 A. I’m not sure of their names. 8 Q. Well -- 9 A. A local. 10 Q. Where did you find these people? 11 A. We were going door to door or people out in 12 their front yards asking, have you seen three 13 little boys. 14 Q. On bicycles? 15 A. Uh-huh. Yes. Someone had told us that we 16 had seen them going into Robin Hood. 17 Q. And do you recall -- you don’t recall who 18 that was? 19 A. No, I don’t. 20 Q. It was someone in your neighborhood? 21 A. No. In the neighborhood, the Robin Hood. 22 Q. Was it a man or a woman who told you that? 23 A. Seemed like it was a man. 24 Q. Do you recall -- I take it you don’t know 25 that person’s name?
Page 95 1 A. Correct. 2 Q. Do you know how old that person was? 3 A. No. 4 Q. Teenager, elderly person? 5 A. Older person. 6 Q. Kind of old like me or old like my 7 grandfather? 8 A. I couldn’t tell you. Just older. An adult. 9 Q. An adult. Okay. And was this between 4:00 10 and 6:00 before you went to the Jacoby’s that 11 somebody told you this or was this when you were 12 with Mr. Jacoby driving around? 13 A. It was before I picked Pam up. 14 Q. That’s not my question. 15 A. I’m not sure of your answer. 16 Q. Well, that’s not my answer, it’s your answer. 17 I want to know, did the person who told you that 18 they had last seen the boys in the Robin Hood 19 area, was that before or after you went to Mr. 20 Jacoby’s house? 21 A. I’m not sure. 22 Q. Were you alone searching for Stevie anytime 23 between 4:00 and 6 o’clock? 24 A. No. 25 Q. Were you alone searching for Stevie anytime
Page 96 1 between -- well, let me back up. Between 4:00 2 and 6:00, it was you and Amanda? 3 A. Me and Amanda after we took Pam to work. 4 Q. Okay. And Amanda at this point was four? 5 A. She was. 6 Q. And between 6 o’clock and, say, 7 o’clock, 7 were you alone at any point and time looking for 8 Stevie? 9 A. Not, not to my knowledge. 10 Q. It was always with Amanda? 11 A. Amanda or David. 12 Q. And Mr. Jacoby -- 13 A. And there’s a time I picked David up. 14 Q. All right. And then you were with David from 15 the time that you dropped Amanda off at his house 16 until you went back to his house to pick up 17 Amanda to go get Pam; is that your testimony? 18 A. I was with David and a lot of other people 19 from time to time. 20 Q. And the other people were the other people in 21 the neighborhood looking for the three little 22 boys? 23 A. Yes, sir. 24 Q. Okay. After you picked Amanda -- after you 25 picked Pam up, you went back to your house?
Page 97 1 A. We went to Robin Hood first. 2 Q. Went to Robin Hood first. With the police? 3 A. Correct. 4 Q. Did you go into the woods? 5 A. We did. 6 Q. Did you see anything? 7 A. Woods. Growed up brush. 8 Q. How long were you at Robin Hood with the 9 police? 10 A. I don’t recall. 11 Q. Was it a long time or short time? 12 A. Short time, because it was coming up on their 13 shift change. 14 Q. Do you recall when the shift change was? 15 A. No, I don’t. 16 Q. And how many police officers were with you 17 and Pam and Amanda looking in the Robin Hood 18 area? 19 A. Well, first of all, Amanda wasn’t there. 20 Q. Oh, I thought Amanda -- I thought you went 21 straight from Catfish to -- 22 A. No. I think she sat in the car. I don’t 23 think she got out. 24 Q. Okay. But she was with you in the car but 25 didn’t get out?
Page 98
1 A. Right. 2 Q. Okay. Okay. And then you and Pam and the 3 police officer got out? 4 A. Uh-huh. Yes. 5 Q. How many police officers were there? 6 A. One. 7 Q. And do you recall who that was? 8 A. Regina Meeks. 9 Q. Okay. And how long -- you don’t recall how 10 long you spent there? 11 A. No, but it wasn’t long. 12 Q. Five minutes? 13 A. Maybe that or a little longer. 14 Q. And then after that you went home? 15 A. I believe we did. 16 Q. Okay. And what did you do when you got -- do 17 you recall what time you got home? 18 A. No, sir. 19 Q. Approximate? 20 A. No. 21 Q. Do you have any idea, a sense of how long 22 between the time Pam had gotten off work until 23 the time you got home? 24 A. No, I don’t. 25 Q. What happened when you got home?
Page 99 1 A. Well, we changed clothes and went back out. 2 Q. Pam changed both clothes out of her work 3 clothes? 4 A. She did. 5 Q. And you changed clothes? 6 A. Probably. I don’t remember. 7 Q. Why would you have changed clothes? 8 A. I said probably. I don’t remember. 9 Q. If -- probably -- if you changed clothes, why 10 would you have changed clothes? 11 A. Because I wanted to. 12 Q. Why? 13 A. I don’t have a why. 14 Q. You just did? 15 A. If I did, it’s because I wanted to. I might 16 have had on nicer clothes and wanted to put on 17 something that wasn’t so nice. We had been out 18 there in the woods. 19 Q. Okay. And how long were you at home before 20 you and Pam then went back out? 21 A. I’m not sure. 22 Q. And did you and Pam then go out together? 23 A. We did. 24 Q. Who was watching Amanda? 25 A. Probably the Jacobys.
Page 100 1 Q. Did you take Amanda to the Jacobys or were 2 the Jacobys at your house? 3 A. No. We probably took her back over there. 4 Q. So you took -- I’m just trying to figure out 5 what happened. So then you and Pam changed, you 6 took Amanda to the Jacobys? 7 A. We did. 8 Q. You and Pam took Amanda to the Jacobys, 9 dropped her off, and then went and searched some 10 more? 11 A. Yes, sir. 12 Q. Where did you go -- and just you and Pam at 13 that point? 14 A. David might have went with us. As a matter 15 of fact, David did go with us. 16 Q. Walk or driving? 17 A. Driving. 18 Q. Your car or his car? 19 A. Probably ours. 20 Q. Okay. Do you recall what car? 21 A. No, because -- no, I don’t. 22 Q. Okay. Where did you go look? 23 A. Well, we -- it was kind of hard to get your 24 focus off of Robin Hood, because we were told 25 that they were last seen going into Robin Hood
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