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State v. Garrett12/1/2005
serts that by comparing the following colloquies from the defendant's first and second trials, this court should conclude that Bobby Alcorn testified falsely at the defendant's second trial.
The following is an excerpt from Bobby Alcorn's direct examination testimony at the defendant's first trial:
Q: Okay. What was the first thing you saw when you went out of your house?
A: Fire was hovering around the door facing and the window facing, I mean, just like this right here, shwissssssh.
Q: And what was Mr. Garrett doing?
A: Well, when I got there - I took off running across the road and my Dad was to the sidewalk, and he picked up something and busted out that window. And by the time my Dad got to that one he'd take off to the next one. My Dad busted out that window. I mean, he busted - [the defendant] busted out that window and then my Dad went over there and was trying to listen to see if he could hear anything, hear her hollering.
Q: Let me back up just a minute. What's the very first thing you saw Claude Garrett do when you came up on the scene?
A: Well, he was at the window. I seen him pick up something and he busted out the window.
Q: Was it a lawn chair?
A: Some type of chair.
Q: He was picking it up?
A: Yeah.
Q: Okay. You seemed to be implying before that he broke the window out without listening to see if anybody was going to respond, or anything. Was that what you were saying or not?
A: No. `Cause see, when my dad - when he - when I come out of the house and I seen that fire and I went back up into my room and got dressed, run across the street and by then he got - as I was getting across the street he was picking up a chair or something, I'm pretty sure it was a chair.
Q: Okay. Let me back up just one more time. You first looked out the window before you got dressed and you saw the house on fire? . . . Did you see Mr. Garrett at that time? Or just the house?
A. I can't remember.
Q Okay.
A: All I remember is that house on fire.
Q: Okay. You told me that he was, when you got over there you said he was screaming and hollering and running around the house, breaking out windows, is that what you told me?
A: No, I said he was busting out windows. . . .
The defendant also presents this portion of Bobby Alcorn's cross-examination testimony from the first trial for the court's consideration:
Q: All right, well, did you see him standing out in the yard watching it burn?
A: No.
Q: The whole time you saw him he was running around trying to get in and put it out?
A: No, he wasn't trying to get in. He wasn't making no progress to get in.
Q: He was just breaking out the windows?
A: He was busted out the windows.
The defendant argues that the following excerpt of Bobby Alcorn's second trial testimony contains false testimony:
Q: When you looked outside, when you first looked outside, what did you see?
A: Just a fire really blazing out the front of the house. And I seen [the defendant], he was kind of squatted down by a tree.
Q: Now when you got outside the house, describe exactly again what you saw as far as what was going on across the street[.]
A: The front door and the two front windows was just blazing, it was rolling up, the fire was just rolling up the front. And right there by where it says chest or whatever, kind of diagonal of the house is where the tree was where I seen
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