State v. Bondurant3/20/1998
work, which would be on the morning of the eighteenth. A.M. Right?
A. Yes, sir.
Q. And then Sunday afternoon, which would be not even a day-and-a-half later, you saw -- you say you saw a lump smoking in Elkton.
A. Yes, sir.
Q. Which certainly wouldn't be any two-and-a-half days?
A. Well, the first one, they didn't cut her up.
Q. What's that?
A. The first murder.
MR. JERRY COLLEY:I'm going to object, Judge, and ask for a mistrial, right here.
I'm going to overrule the motion for a mistrial. Just be responsive. Ask the question, again.
Subsequently, another jury-out hearing was held, and the trial court ruled that on redirect, Denise could testify that some of her meetings with authorities after the defendant was arrested concerned other matters not involved in this case and that she could explain why she was afraid of the defendant. No further references were made about the Dugger case during cross-examination.
On redirect, the following disputed testimony was given:
Q. Mrs. Bondurant, you have testified that between February, 1990, and today, that you have talked to Agent Coleman, to representatives of the District Attorney's office, and to other law enforcement people, a lot of times.
A. Yes.
Q. A number of times.
A. Yes.
Q. That you have talked with us maybe 15, 20 times. Maybe 25, I believe, in answer to Mr. Colley's questions. Have all of those conversations been about the Ronnie Gaines case?
A. No, sir, they have not.
Q. What have they been about?
A. Well, we have --
MR. JERRY COLLEY:Objection. She said they weren't all about the Ronnie Gaines case.
Well, I think you can do that a different way.
Q. BY MR. SANDERS: Let me ask you if they have been about other cases?
A. Yes, sir, they have.
Q. Has it been necessary for you to talk with the District Attorney's office, as a matter of fact, about other trials?
A. Yes, sir.
Q. Now, you were also asked about being afraid of your husband, Pat, and his brother, Pete, I believe you said?
A. Yes.
Q. Why, in October 1986, were you afraid of your husband, Pat, and his brother, Pete?
A. Can I answer about the Dugger case?
MR. JERRY COLLEY:Objection, if Your Honor please.
MR. SANDERS:No, sir. That's admissible.
MR. JERRY COLLEY:Objection.
I think she can answer that in one sentence.
MR. SANDERS:Yes, sir.
Q. Because of why?
A. Because of the murder that had occurred prior to the Gaines case.
Q. Now, in that particular case, had anything been said to you that you considered threatening?
A. Yes, sir, it did. It was said to me that --
MR. JERRY COLLEY:I'm objecting to that, Judge.
No, sir. I'm going to allow that in. Go ahead.
MR. JERRY COLLEY:All right.
A. That if I were to go to any law enforcement officials about what happened with the Dugger case, Mrs. Dugger being murdered there at the home, that Pete and Pat would blame the whole thing on me. And he asked me if I wanted to have the baby in prison, which of course, I did not. And he said, who would they believe? Would they believe you or the two of us.
Q. Now, in answer to one of Mr. Colley's questions, you said that he told you, `he' being your husband, Pat Bondurant, united we stand and divided we fall.<
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