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State v. Dixon6/3/2005
"A: He never really gave a reason, he just -- he just said, let's go. Will you go with me to talk to my lawyer? Me, him, and Ethan Griffin went.
"Q: Let's talk about when you arrived at the lawyer's office. The defendant drove you there?
"A: Yes.
"Q: Did you meet Ethan Griffin there?
"A: Yes.
"Q: The three of you, did you go in to talk to the lawyer?
"A: Yes.
"Q: Okay. Did you ever -- did you ever retain that lawyer, hire him?
"A: No, I didn't.
"Q: Okay. You walked into where? His conference room? His front room? His office?
"A: His office.
"Q: His personal office?
"A: Yes.
"Q: Did the three of you go in together?
"A: Yes.
"Q: And did you discuss the explosion and fire that had destroyed Alicia Shaw's apartment?
"A: He really didn't come right out and say what he did. He had just said that he did something bad, he think he screwed up this time real bad. And he -- his lawyer chewed him out and asked if he was willing to take a lie detector test. And the -- the lie detector, everyone said yes except for Ethan.
"Q: Did you -- or did he tell the lawyer the truth of what had gone on the night before?
"A: I don't believe so.
"Q: What do you mean by that?
"A: I don't believe he told it because I don't -- I don't believe he did.
"Q: Did he lie to his own lawyer at that point?
"A: Yes, because he didn't tell about the fourth person going down.
"Q: Left Rodney out?
"A: Yes.
"Q: Can you tell the jury what the story was that he related to the attorney?
"A: The story was -- I gave him a story to tell because he was -- he was -- his lawyer advised him to talk to the police. So, I gave him a story to tell but I can't remember what it was.
"Q: You were helping him with the story?
"A: Yes, I was."
Defense counsel did not object to this line of questioning.
Kansas Bureau of Investigation Agent William Halvorsen testified as a State's witness about the billing records for the cellular telephone that Dixon carried on July 28 and the next few days. Halvorsen testified about tracking a number of calls made by Dixon, including the following:
"Q: Did you -- did you call any other numbers that you tracked?
"A: Yes.
"Q: What was the next number?
"A: Joe Johnson, an attorney in Topeka. Joe Johnson's home, and Joe Johnson's office.
"Q: Okay. The first call to -- or the first to Joe Johnson's home?
[Defense counsel]: Your Honor, I'm going to object on relevance grounds.
THE COURT: Overruled.
"A: The first call to Joe Johnson's home was at 8:48 p.m. on the 29th, and the last call was at 9:09 p.m. on the 1st of August. There were five calls to Mr. Johnson's home, one of which was at 1:19 a.m. in the morning on July the 31st.
"Q: To his home?
"A: To his home, that's correct.
"Q: And what about to Mr. Johnson's office?
"A: Mr. Johnson's office, the first call was at 3:04 p.m. on the 30th of July, the last was at 5:18 p.m. on August the 1st, including five phone calls."
Defense counsel objected, as noted, on the ground of relevance.
The prosecutor asked Dixon's mother, Gwen Rios, about going to Johnson's office. Defense counsel objected, and the trial court overruled the objection. Here is the exchange:
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Kansas Personal Injury Attorneys
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