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State v. Keathly5/21/2003
subjected to extensive cross-examination by both the State and the trial judge. The State inquired of the Appellant as follows:
Q: In this report you say I was dialing my wife on my wife on my phone, I looked and saw the tailgate of the truck, hit my brakes, rearended the truck correct?
A: That's correct.
Q: Before I left home two and half hours earlier, I had a drink of gin. So once again you're telling me here today, the reason that accident, that crash happened that night, was that because you were drinking, you were under the influence of alcohol or was it because you were trying to dial the phone? And I'll wait for your answer.
A; Possibly some of both.
Q: So we sit here today a year later, after a jury trial, after all of this, you're still not wanting to accept responsibility for your actions that night are you Mr. Keathley?
A: Oh, I have, I have done so, I did so in my statement.
Q: You're not willing to accept your responsibility as drinking alcohol causing that crash are you, Mr. Keathley?
A: I don't think that was the only factor.
Q: Was it a factor?
A: Possibly.
Q: Was it a contributing factor?
A: Possibly.
Q: Was possibly and possibly not, yet you're not wanting to accept responsibility are you, Mr. Keathley?
A: Yes, I have accepted responsibility.
Q: I have one more question for you, Mr. Keathley. I had Mrs. Grant here remind me and we both heard this, so I want you to tell me what you meant. After that trial and after the jury went out and everybody was walking out of the courtroom, when you were getting your stuff together, you made the statement they lied, they lied, they lied. Now did you make that statement, Mr. Keathley?
A: Not to you.
Q: Did you make that statement, Mr. Keathley?
A: Yes, to my attorney.
Q: And I heard it, cause you made it, right? Tell me here today, who lied Mr. Keathley?
A: The victim and the highway patrol.
Q: Trooper Batey lied under oath, is that your testimony here today?
A: It is, I can prove it.
Q: And victim -
A: I can prove that, also.
Q: Lied under oath?
A: They did.
Q: So when you said that, you were talking about a highway patrol officer and a man that had his neck broke, right?
A: Correct.
After the State finished questioning the Appellant and after a brief redirect by defense counsel, the following colloquy took place between the trial judge and the Appellant:
THE COURT: Mr. Keathley, you said, you said that the trooper here, you said that she lied and the victim lied in this case, did you know this trooper before this incident? Did you know the trooper before she investigated that case?
A: Not really, no.
THE COURT: Well either you did or you didn't.
A: I didn't know her personally, I knew of her.
THE COURT: All right.
A: I'm from, Sparta is home. I don't mean to be smart. This is my hometown and Smithville and Cookeville.
THE COURT: My question is did you know her at all? Did you know her?
A: Not personally.
THE COURT: All right. Why would she lie about you?
A: There's a number of reasons and I really don't want to get into them.
THE COURT: Well-
A: But I will if you, if you force me.
THE COURT: Well I'm asking you, you told me that she lied and I just, I wa
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