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REPORTER'S RECORDVOLUME 5 OF 9 VOLUMES
TRIAL COURT CAUSE NOS. 29,065, 29,066, AND 29,067CASE NOS. 06-17-00059-CR, 06-17-00060-CR
AND 06-17-00061-CR
STATE OF TEXAS ) IN THE DISTRICT COURT )VS. ) HUNT COUNTY, TEXAS ) GEORGE BRISCOE ) 196TH JUDICIAL DISTRICT
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TRIAL ON THE MERITS
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On the 9th day of March, 2017, the following
proceedings came on to be heard in the above-entitled and
numbered cause before the Honorable J. Andrew Bench,
Judge presiding, with a jury, held in Greenville, Hunt
County, Texas:
Proceedings reported by machine shorthand.
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A P P E A R A N C E S
Mr. George Calvin GroganSBOT NO. 24050695HUNT COUNTY DISTRICT ATTORNEY'S OFFICE2507 Lee Street, 4th FloorP.O. Box 441Greenville, TX 75403-0441903.408.4180903.408.4296 [email protected] FOR THE STATE OF TEXAS
Mr. Russell P. BrooksSBOT NO. 03074200LAW OFFICES OF RUSSELL P. BROOKS2515 Washington StreetPost Office Box 1905Greenville, Texas 75403-1905903.455.3647903.454.4428 (FAX)[email protected] FOR THE DEFENDANT
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I N D E XVOLUME 5
TRIAL ON THE MERITS
March 9, 2017 Page Vol.
STATE'S WITNESSES Direct Cross VD
Ray April 35,47 7,42 5
Jayson Ray Campbell 51,78 94,126 77 5 120 5
Charles William Powell 133 143 5
Kathy Campbell 146 182 5
Thomas Skidmore 204 209 5
Clete Aycox 212 5
Jeffrey Alan Richmond 237 243 5
Clete Aycox 244 5
Adjournment.....................................317 5
Reporter's Certificate..........................318 5
ALPHABETICAL WITNESS INDEX
Direct Cross VD Ray April 35,37 7,42 5
Clete Aycox 212,244 5
Jayson Ray Campbell 51,78 94,126 77 5 120 5
Kathy Campbell 146 182 5
Charles William Powell 133 143 5
Jeffrey Alan Richmond 237 243 5
Thomas Skidmore 204 209 5
EDWIN WALKER, CSR
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EXHIBIT INDEX
STATE'S NO. DESCRIPTION OFFERED ADMITTED VOL.
1A Poster w/Emails 248 248 5
1A1 Poster w/Emails 248 248 5
1B Poster w/Emails 248 248 5
1B1 Poster w/Emails 248 248 5
1C Poster w/Email 248 248 5
1C1 Poster w/Emails 248 248 5
1D Poster w/Emails 246 247 5
1E Poster w/Emails 249 249 5
1E1 Poster w/Emails 249 249 5
1E2 Poster w/Emails 288 288 5
1G Poster w/Emails 288 288 5
1G1 Poster w/Emails 288 288 5
1H Poster w/Email 288 288 5
1H1 Poster w/Emails 288 288 5
2B2 Lease 284 285 5
4 Bill of Sale/Bobcat 74 75 5
7 Check No. 1698 76 76 5
8 Check No. 3275 78 78 5
9A Emails 89 89 5
10A Emails 89 89 5
11A Emails 89 89 5
12A Emails 89 89 5
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STATE'S NO. DESCRIPTION OFFERED ADMITTED VOL.
13 Joint Venture 67 67 5 Agreement
14 Joint Venture 158 159 5 Agreement
16 Hope 4 Today Receipt 160 160 5
17 Membership Cert./ 162 162 5 VPW Management
18 Cashier's Check 160 160 5 No. 29234
19 Letter, Kennon to 180 180 5 Campbell
24 Lease Extension 284 285 5
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P R O C E E D I N G S
(Open court, defendant present, no jury)
THE COURT: Let's go on the record. For
the purpose of the record, we've now made copies of
State's Exhibit 5, which will be given to the jurors who
have not yet seen it when they come back out.
I'm also going to inquire of the first two
jurors if they feel that they need to see it again. If
they do, we'll make additional copies for them. I
shouldn't take very long to make a copy for two.
Daniel, let's bring the jurors back out.
THE BAILIFF: Yes, Your Honor.
All rise for the jury.
(Jury entered the courtroom)
THE COURT: All right. Thanks. Y'all may
be seated.
Good morning, ladies and gentlemen, and
welcome back. A couple of things I want to let you know.
There's a possibility that we'll run late again tonight,
perhaps as late as seven. So on one of the breaks, if
you need to make a phone call and let somebody know that,
make arrangements, whatever you need to do, I wanted to
let you know that ahead of time.
The second thing is that when we left off
yesterday, the State had requested and had been given
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permission to publish State's Exhibit No. 5. Daniel has
made some copies for you this morning.
You two ladies, I know had -- you had seen
it, and you had seen it, ma'am. Ma'am, do you feel that
you need to see it again?
THE JUROR: No, sir.
THE COURT: Ma'am, do you?
THE JUROR: No, sir.
THE COURT: Daniel, if you'll pass those
out. I'm going to let y'all look at those, each one of
your own copies. When you finish, please let Daniel
know, and he'll take your copy back.
THE COURT: All right.
(Pause)
THE COURT: All right. Mr. Brooks, when
you're ready, sir, you may begin your cross-examination
of this witness.
CROSS-EXAMINATION
BY MR. BROOKS:
Q Mr. April, I'm going to ask you some questions.
If you don't know the answer or you don't remember the
answer, let me know that. Or if you don't understand the
question, I'll try to rephrase it and ask it in a
different way. Is that fair enough for you?
A Yes, sir.
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Q Now, again, I know that Mr. Grogan kind of
touched on this a little bit yesterday. But it's been
overnight now, and you've had an opportunity at the
break. Prior to testifying or concerning your
testifying, have you reviewed or looked at any documents,
other than what you've looked at here in the courtroom?
A No, I have not.
Q Have you looked at any kind of statements or
anything, photographs or anything like that prior to
testifying or during the break that we had overnight?
A No.
Q Do you have any photographs of things going on
out there at the Coyote Crossing Ranch?
A No, I don't believe I do.
Q Now, as we sit and we go through this process,
you actually began working on Coyote Crossing sometime in
2010, correct?
A Yes.
Q And when was that?
A I believe it was in May.
Q In May 2010. And that's when you began living
there. How many different mobile homes were there out
there at the ranch?
A There were two.
Q And you lived in one that was, I think you said,
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outside the high fence?
A Yes.
Q Okay. Where was the other one?
A Inside the high fence.
Q Inside the high fence. Did somebody live in
that?
A Towards the end, Sam Leatherman lived in that
one.
Q When you got there in May, was anybody living
inside the high fence -- inside or outside, whichever one
you were living in, the other one?
A Monte Fowler stayed with me in the one outside
the high fence.
Q So the inside of the high fence was empty until
Sam started living there?
A I believe so.
Q And I'm sorry. I want to make sure. You said
Leatherman; is that right?
A Yes.
Q Okay. Do you know where Mr. Leatherman is
from?
A East coast somewhere, I believe Maryland.
Q Do you know how he came to be at the ranch?
A I believe he knew George somehow.
Q Now, the district attorney offered you and
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showed you up some bank statements from the account. You
looked at those, right?
A Some of them.
Q Okay. And I think you looked on there and you
looked at those checks. It wouldn't shock you to know
that there was about $7400 worth of checks written out to
you, would it?
A I don't know the amount.
Q Okay. Well, now, on that Chase account that
those are written on, the Chase account there in
Commerce, Texas, are you actually on that account as a
signatory too, you could sign off on it?
A I'm not sure.
Q Well, you were -- there were actually multiple
accounts for the ranch and VPW, weren't there? There was
more than just one?
A I wasn't aware of that.
Q Well, do you remember being a signatory on the
IBC account there in Commerce, Texas?
A I don't remember.
MR. BROOKS: May I approach the witness?
THE COURT: Yes.
Q (BY MR. BROOKS) If you were to look at a
document, you'd recognize your signature?
A Yes.
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Q And Mr. April, you're not just Ray April.
You're Ray April, II, right?
A Yes, sir.
Q Just look at that document. Don't read it out
loud or anything.
And in looking at that, do you recognize
your signature?
A Yes.
Q Does that kind of help refresh your recollection
a little bit? That's not somebody forging your name, is
it?
A Is this --
Q Sir, I'm just asking the question. That's your
signature, isn't it?
A Yes.
Q Now, so you are a signatory on an account,
right?
A Yes.
Q Does that help refresh your memory that you
might be a signatory, being somebody able to sign, on
more than one account that involved VPW or the ranch?
Does that help refresh your recollection? Does that help
your memory?
A I don't remember that.
Q Now, you had a personal bank account, too,
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didn't you?
A Yes, sir.
Q And that was at Chase Bank there in Commerce,
also, right?
A I believe I had a Chase and a Bank of America.
Q Chase and Bank of America? Did you provide or
did the District Attorney's Office ask for your bank
records during the time period from 2010 to 2011 to look
and see what moneys might have gone through those
accounts?
A No.
Q Did Doc Pierce, Wayne Pierce, the Constable, ask
to look at that to see what might have gone through
there?
A No.
Q Now, you've worked in law enforcement for a
number of years; is that right?
A Yes.
Q And in working in law enforcement, do you
understand and know what the Statute of Limitations is?
A Yes.
Q What is the Statute of Limitations?
A I understand it as if there's a -- there's a
certain time frame that you can be prosecuted.
Q So you understand elements of offenses like that
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and things like that, don't you?
A Yes.
Q And so you testified that this property that you
were selling, you didn't sell any property on your own.
Every piece of property you sold, your statement is it's
because George told you to, right?
A Yes.
Q Okay. Now, because you understand that if you
sold it and someone else didn't tell you, you could be
responsible for the theft, right?
A Yes.
Q Okay. Now, then, you haven't been arrested and
charged with anything in this case surrounding the ranch,
have you?
A No, sir.
Q You're not aware of anyone other than Mr.
Briscoe being arrested and charged; isn't that right?
A Yes, sir.
Q Now, on this particular situation that we're
talking about, you don't have any documents to show that
any of that property that you told this jury about
yesterday that you sold, you don't have any documents
anywhere to show that you gave any money to George
Briscoe, do you?
A I do not.
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Q You don't have any documents or anything to show
that the moneys that were received actually went into
this Chase account that we have over here that's in the
State's exhibit, do you?
A I do not.
Q And, you know, Mr. Grogan asked you the
question, George made you sign those receipts. He didn't
make you sign any bills of sale, did he? You just signed
them because you were there, right?
A No. I remember I was instructed to sign them.
Q Well, George Briscoe is not going to make you do
something you don't think -- you think is wrong, is he?
A Can you rephrase that?
Q Well, is Mr. Briscoe here in 2010, 2011, is he
exerting such an influence over you that he can make you
do something that would be wrong?
A No.
Q Could he make you do something that you don't
want to do?
A No.
Q Did he make you do something that you didn't
agree to do?
A No.
Q Now, when you was out there working on the
ranch, how many different pickup trucks were out there
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when you got there in May of 2010?
A I believe there was two.
Q And do you remember what kind they were?
A I believe one was an older Ford, and one was an
older Chevy or GMC.
Q Now, we've heard about one, I guess, that you
took a motor out of; is that right?
A Yes, sir.
Q And you did that there at the ranch, took the
motor out?
A Yes, sir.
Q Just you by yourself or someone else?
A I believe Andy Albritton was with me.
Q Do you remember when Mr. Albritton actually
started working at the ranch?
A I don't know exactly.
Q He wasn't there in 2010, was he?
A I don't believe so.
Q Okay. And so Mr. Albritton sometime then in
2011 helped you pull the motor out of the truck. Do you
remember which one that it was?
A I believe it was the Ford.
Q The Ford truck. Okay. And you then
transported, according to your recollection, that motor
to Oklahoma?
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A Yes.
Q And where did you take it?
A Commerce, Oklahoma, to John Robinson.
Q John Robinson. Is that where Monte Fowler was
working at the time?
A I don't believe he was there.
Q Mr. Robinson, he had a ranch up there also?
A It was his house.
Q So you took it to Mr. Robinson, dropped it off
there, and then you returned back to Texas; is that
right?
A Yes.
Q That gentleman didn't give you any money or
anything for that motor, did he?
A No, sir.
Q You came back to Texas. Now, had you taken the
pickup truck body that was left over to the scrapper
before you left, or did you do that once you returned, if
you remember?
A I don't recall.
Q And do you recall which scrap yard you took it
to?
A I just know it was near Commerce.
Q Now, as a law enforcement officer, you take a
motor vehicle in and to turn it into a scrap yard, aren't
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you required to have a title to it?
A Depending on the year.
Q What year is it that you don't have to have
title on it?
A I believe it's after a certain age. If it's 10
or 15 years, there's not a title required.
Q Now, when you take to it the scrapper, I believe
your testimony was that you received cash; is that
right?
A I believe so.
Q Do you remember about how much?
A I don't.
Q Well, do you remember if you sold it by the
pound or if it was just a unit price, just what it was?
A I don't recall.
Q Now, the other truck, was it still there when
you did that with the Ford, as you recall?
A I believe it was.
Q Okay. And when you left the ranch, was that
other truck still there, the Chevy or GMC? Was it still
there?
A I don't believe so. I'm not positive.
Q Do you know what happened to it? Did you watch
or see what happened to the Chevy/GMC?
A I don't recall.
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Q Now, were there any ATVs there, all-terrain
vehicles, on the ranch when you got there in May of
2010?
A I believe there was some Polaris Rangers and old
four-wheeler.
Q And anything else?
A Any other ATVs?
Q Yeah.
A I know while we were there, I used Jayson
Campbell's on the ranch.
Q What of Mr. Campbell's did you use on the
ranch?
A He had an Arctic Cat side-by-side.
Q And do you remember about when Mr. Campbell
brought that out to the ranch?
A I don't recall.
Q You and Mr. Campbell hunted together a lot out
there, didn't you?
A Yes.
Q Prior to being there, had you ever met Mr.
Campbell, prior to May of 2010?
A No, sir.
Q You actually met Mr. Campbell on these weekly
shoot things; is that right?
A I don't recall how I met Mr. Campbell.
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Q There were weekly shootings out there at the
ranch, weren't there?
A Yes.
Q And lots of people would come by?
A People would come out and shoot.
Q And Mr. Briscoe, he would cook for everybody; is
that right?
A Yes.
Q And I think that's actually under this agreement
one of the responsibilities that you had, was to help
develop that -- I think it was called the WW Shoot; is
that right?
A I don't recall what it was supposed to be
called.
Q But that was one of your responsibilities, was
to develop that?
A Yes.
Q And when you started that in May -- well, I'm
sorry. When you got there in May of 2010, was it going
on at that point?
A No, sir.
Q Okay. When you left the next summer in 2011,
was it going on at that point?
A I don't remember when it stopped.
Q Do you remember why it stopped, why you didn't
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continue to develop that?
A I don't.
Q Now, let's talk about the ATVs. You said there
were some Polaris Rangers. Do you remember how many
Polaris vehicles there were out there?
A I don't remember if there was two or three.
Q And out of the Polaris vehicles, did you ever
sell any of those?
A I don't recall selling those.
Q You don't recall. Does that mean you didn't
sell, or that you may have, but you don't remember?
A I don't remember selling those.
Q Well, when you left the ranch in 2011, were they
there?
A I don't recall.
Q Now, this quick-feed system buggy thing that we
talked about, kind of give me a description of that.
What does that thing do?
A It was a bulk trailer with a blower so there's
large amounts of feed in it, and it had a hose with a
blower motor on it so you could just drive by the feeders
and fill them up.
Q So there were feeders on the ranch?
A Yes.
Q And what was the purpose of the feeders? What
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were you feeding?
A Deer.
Q Okay. And so I take it there was deer on the
ranch?
A Yes.
Q What kind of deer were they?
A Whitetail.
Q Do you know how large -- how many there were?
A I don't have an exact number, no.
Q How often were they being fed?
A Multiple times a week.
Q So they would be fed multiple times a week. And
the feed, what type of feed was being purchased to feed
these deer?
A It was either corn or deer pellets, protein
pellets.
Q Do you know where that was purchased at?
A I believe most of it was purchased at the
Commerce Hardware Store.
Q Would there be times that you would actually go
purchase that and be reimbursed?
A I believe so, yes.
Q Now, you were reimbursed and paid out of more
accounts than this. You were actually paid out of a VPW
account from Oklahoma, too, weren't you, in the first
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part of this process?
A I'm not sure where the accounts were set up.
Q Because you had money -- your money was being
direct deposited, right?
A I believe so.
Q Except for the checks, I guess, that we would
see here; is that right?
A Yes, sir.
Q So are you receiving direct deposits in addition
to these checks that's in the State's exhibit? Or do you
remember?
A I don't remember when I started receiving just
the checks.
Q Now, then, so this buggy, this quick-feed
system, that's the one you put on Craigslist that you
went down to Tyler, right?
A I believe so. That's where we met.
Q Who went with you for that?
A I believe Andy Albritton was with me.
Q Andy Albritton. And that was a cash
transaction, to your recollection?
A Yes.
Q But you don't remember how much you got for this
buggy that you guys were using two or three times to feed
the deer? You don't remember?
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A We didn't always use it to feed deer.
Q Do you remember, now that you've had overnight
to think about it, how much you might have got for that
buggy?
A No, sir.
Q Well, did you get $1,000 for the buggy?
A I can't tell you. I can't remember exactly how
much we got.
Q Now, you put it out there on Craigslist. Did
you sell it to the only person that made an offer, or did
you maximize the amount of money you would have got for
it?
A I don't remember how many people contacted me.
Q Now, this is some kind of buggy. It's not a
licensed motor vehicle or anything like that, like a
trailer with a plate on the back, right?
A It was -- it had wheels. You pull it like a
trailer. I'm not sure if it was tagged or not.
Q You didn't change any tags on it or anything
before you took it to Tyler, right?
A No.
Q Now, dual-axle trailer -- I think you said a
tandem trailer, maybe, yesterday. You sold that, and
some guy came out to the ranch and picked it up?
A Yes.
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Q And what was the purpose -- what did you guys
use that tandem axle trailer for?
A We didn't really use it. There was multiple --
I believe there was two or three, possibly more, trailers
that were set up the same with a dog box.
Q Okay. And this tandem axle trailer, to your
recollection, there was two or three of them out there.
And they're all basically set up the same, is that right,
with the dog boxes on them?
A Yes.
Q The dog boxes, now, they're not mounted to this;
they were actually removable?
A I believe they were removable, yes.
Q So when the fellow came -- when the person came
to the ranch and bought the trailer, it had a license
plate on it, right?
A I'm not sure.
Q So you're saying that some fellow came and
picked up the trailer, paid money for the trailer and
drove off, and you didn't give a title?
A No.
Q And did you give him a bill of sale?
A I believe so.
Q Did you know how old that trailer was?
A I don't recall.
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THE COURT: I'm sorry to interrupt. But
for clarification purposes -- I'm sorry, sir. You were
asked a question, are you saying that he drove off and
you didn't give him a title, and you said no. You're not
saying that, or no, you did not give him a title?
THE WITNESS: No. I did not give him a
title.
THE COURT: Thank you.
I'm sorry, Mr. Brooks.
Q (BY MR. BROOKS) But you gave him a bill of
sale?
A I believe so.
Q Is there some rule or law that for trailers of a
certain age, you don't have to give a title on it so that
they can be registered and driven on the -- pulled on the
roads here?
A I'm not knowledgeable in Texas law.
Q So you just sold the trailer. In Oklahoma, can
you pull a trailer without a title?
A Yes.
Q Now, so as far as you know, you only sold one
trailer?
A I believe there was one, possibly two.
Q So you might have sold another trailer?
A Yes.
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Q And when might you have sold the other
trailer -- do you know when you might have sold that
other trailer?
A It was around the same time.
Q And do you remember the circumstances? Was that
put on Craigslist, or was that put out someplace? How
did you go about selling that trailer?
A It was put on Craigslist.
Q And do you remember how much you got for that
trailer?
A I do not.
Q Do you remember how you were paid for that
trailer?
A I believe it was cash.
Q Can you give us even close to maybe a month and
the year that you think that these trailers were being
sold?
A I cannot.
Q Now, do you know anything about a hunting
trailer?
A Can you give me a description of it?
Q Sixteen-foot long hunting trailer. Let me ask
this. We know that there was the feed buggy out there.
We know that there were two or three double-axle -- I'm
going to call them flat-bed trailers -- is that a fair
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enough description -- with dog boxes on them?
A Yes.
Q About 16 feet long, 18 feet?
A Approximately.
Q Okay. Were there any other trailers out there
that you recall that you would hook up behind a pickup
truck or another motor vehicle or a tractor and you would
pull them around out there on the ranch or someplace
else, besides those two to three double-axle trailers
that you talked about with dog boxes?
A I remember a smaller utility trailer.
Q Was there anything unique about that utility
trailer?
A We turned it into -- put sides on it so we could
haul feral hogs with it.
Q That's something you guys did there on the
ranch?
A Yes.
Q Okay. Was that trailer there when you left, or
did you sell that trailer too?
A I believe it was down at the barn outside the
high fence.
Q Now, was there a Kubota tractor there?
A Yes.
Q Were there any other tractors there?
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A There was a small red tractor with a four-foot
brush hog on it.
Q Did it have a front-end bucket or anything like
that on it?
A I believe so.
Q And do you know what happened to that tractor?
A No, I don't recall.
Q Well, to your recollection was it there the day
you left the ranch?
A I can't be for sure.
Q Now, let's talk about leaving the ranch. Okay?
You were there the day that Constable Pierce and Mr.
Aycox were out there, right?
A Yes, sir.
Q Now, isn't it true, Mr. April, that the night
before they arrived that Jayson Campbell had come out to
the ranch and advised you and Mr. Briscoe that, they're
on their way out here tomorrow?
A I don't recall.
Q You don't recall a meeting in the kitchen, you,
Ms. Briscoe, Mr. Briscoe, Jayson Campbell, about the fact
that the Constable is on the way tomorrow?
A No, I don't.
Q Okay. Now, if we look --
MR. BROOKS: Judge, may I approach the
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witness?
THE COURT: Yes, sir.
Q (BY MR. BROOKS) I'm going to ask you some
questions about 5. So go ahead and hang onto that.
Now, you testified yesterday this is the
agreement that you signed, you know, based on everything
that was going on, putting your money in and all that; is
that right?
A Yes.
Q Okay. And what page did you sign that on? Is
that page 5?
A Yes.
Q Now, Mr. April, looking up above that, that's
not Mr. Briscoe's signature. That's your good friend,
Mark Trease's, signature, isn't it?
A It appears to be.
Q Pardon?
A It appears to be.
Q Okay. So isn't it true that actually when you
did all this contract and everything, that when you got
this agreement, that was provided to you through your
mom, who knows Mr. and Ms. Trease very well; isn't that
right?
A Mr. Trease is a friend of my stepfather.
Q But that's how you got it. That actually came
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from your mother to you, didn't it?
A I don't recall.
Q You don't recall. Okay. Well, in looking at
that agreement, it says that you're supposed to put
$80,000 into this investment of VPW. You never put in
$80,000, did you?
A No, I did not.
Q You put in the 15,000 from your Iraq deployment
or Afghanistan. I'm sorry, sir. Which one was it?
A Iraq.
Q And thank you very much for that.
But the rest of that money was borrowed by
your parents, right, your mom or your dad?
A Yes, sir.
Q And that's really because your mom didn't want
you back in the military, did she? She was not thrilled
about you thinking about re-enlisting, was she?
A I don't know what she was thinking.
Q Okay. Have you ever paid your mom and dad back
for that money?
A Some.
Q How much out of what you owed?
A I would say I approximately owe my parents
between 15 and 20,000.
Q Now, in the State of Oklahoma -- because that
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agreement which you signed and you've looked at, you read
that and went over it really well before you signed it,
right?
A Yes.
Q And it sets out kind of what you're supposed to
do; is that right?
A Yes.
Q It sets out what your percentage of the profits
would be, what your percentage of ownership would be,
right?
A Yes, sir.
Q It says you've got two years to get your money
in. So after your initial deposit or moneys that you
paid, that moneys from the family and moneys from
yourself, you never put, actually, any more moneys into
that, did you?
A No.
Q And, now, Mr. Grogan asked, did you get your
money back. Well, have you ever written a letter or
anything to VPW, to Mr. Trease, Mr. Fowler, Mr.
Briscoe -- all the people who were part of VPW, have you
ever written them a letter or anything and said, hey, can
you guys give me back my money that I put into this
business?
MR. GROGAN: Your Honor, I'm going to
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object to that. I think that's a misstatement of the
evidence. It's not been established these other people
are actually members of VPW.
THE COURT: Sustained to facts not in
evidence.
Mr. Brooks, next question.
Q (BY MR. BROOKS) Mr. Trease signed off as part
of VPW, right? I mean, that's his signature there, and
that's the agreement between you and VPW, right?
A I believe that's his signature.
Q And Mr. Monte Fowler testified yesterday he's
part of VPW, invested in that. Have you sent a letter --
MR. GROGAN: I'm going to object, Your
Honor. I don't believe that was a correct statement of
what Mr. Fowler said. And also, that's not --
THE COURT: I'm going to sustain, because
there's a difference between being a part of something
and being an investor in something. Sustained.
MR. BROOKS: Judge, he never testified he's
an investor. He said he was an owner.
THE COURT: You said both in that question.
MR. BROOKS: I'll rephrase. I'm sorry.
THE COURT: That's all right.
Q (BY MR. BROOKS) Have you sent any letter to
Mark Trease, your friend -- who signed off as an owner
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there -- to VPW, requesting any of your money back?
A I have not.
Q Have you sent a letter to Mr. Briscoe, said,
hey, I want out of this deal; buy me out?
A I have not.
Q Have you filed a lawsuit anywhere in the State
of Oklahoma saying, hey, I'm sorry; I don't want to be
part of this deal?
A I have not.
Q Are you aware of anyone else filing any suit
anywhere, of your own personal knowledge?
A Not to my knowledge.
MR. BROOKS: Judge, if I could just have a
second.
THE COURT: Yes, sir.
(Pause)
Q (BY MR. BROOKS) Did you ever look at or see a
list of equipment that was supposed to be at the ranch
when you guys started working it?
A I don't recall if I seen a list or not.
Q Do you recall if you ever saw a clients' list or
a list of people who had been participating in the ranch,
Chigger Ridge Ranch, before you and everybody else began
working out there at the Coyote Crossing?
A I don't recall seeing a list.
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Q Did you ever make any phone calls or do any
soliciting of anyone to try to make sales to get people
out to the ranch?
A I talked about the ranch. I had the logo on the
side of my truck.
Q Did you ever make any calls or contact people to
make an actual affirmative step and say, hey, I need to
get you to come on out here; let's do this -- you really
would enjoy coming to the ranch to do some shooting and
stuff?
A I don't recall.
Q Okay. Now, I believe you said there was a
Kubota tractor there; is that right?
A Yes.
Q Do you remember that?
And when you left, was that tractor there?
A I don't recall.
Q Was there a brush hog there?
A There was a brush hog, but I don't recall if it
was there when we left.
Q Now, the Bobcat, was it there the day you
left?
A I don't recall if it was there or at Jayson's
neighbor's.
Q Do you know Jayson's neighbor?
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A No.
Q Did you know Mr. Powell? I think that's maybe
Jayson's partner in his business. Did you know him?
A I think I met him once or twice.
Q Were there lawn mowers out there?
A I believe there was a Toro Zero Turn.
MR. BROOKS: Judge, I think I'll pass the
witness.
THE COURT: Mr. Grogan.
MR. GROGAN: Your Honor, the State would
like to see that document that Mr. Brooks showed the
witness. He showed the witness a bank statement, I
believe.
MR. BROOKS: I didn't show a bank
statement.
MR. GROGAN: I don't know --
MR. BROOKS: I showed him his signatory
card to refresh his recollection.
THE COURT: And the record will reflect
it's now being provided to Counsel.
REDIRECT EXAMINATION
BY MR. GROGAN:
Q Do you know who a Linda Warner is, Mr. April?
A That's George's mother.
Q Did you ever meet her?
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A I have.
Q Do you understand what her connection was to
this enterprise, Coyote Crossing Ranch?
A She was part of the Quiet Man Foundation.
Q What did you know about the Quiet Man
Foundation, as far as it was connected to the ranch?
A It was supposed to bring Native American
children to the ranch.
Q Did that ever happen?
A Once.
Q Now, back to -- let's talk about the hierarchy
of the ranch. What was the ultimate person in charge of
what went on at the ranch while you were there?
A George.
Q Mark Trease, did he have any say, as far as --
his name was mentioned about being on that document,
State's Exhibit 5. Did he have any say, as far as what
you did on the ranch?
A I don't believe so.
Q Now, were you dependent upon getting a paycheck
from Mr. Briscoe to survive on at that point when you
were living there?
A I had my VA disability.
Q So if you didn't want to do something that he
said for you to do, you could just leave if you wanted
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to?
A Yes.
Q Now, Mr. Brooks asked about you repaying your
parents. Has Mr. Briscoe ever paid back your parents?
A No.
Q Has Mr. Briscoe ever offered to do anything, as
far as your investment in this?
A No.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes.
Q (BY MR. GROGAN) Let me get Exhibit No. 5 back
from you.
Did you get a chance to read this just a
minute ago? Did you go through this?
A I skimmed over it.
Q Before you signed it way back when, did you
review it then?
A Yes.
Q Now, Mr. Brooks had you look to see the
signature, and he asked if that looked like Mark Trease's
signature. What's typed underneath there? Whose name is
typed?
A George S. Briscoe.
Q And what's his title?
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A Managing director.
Q Now, can you go through this form -- and take as
long as you need to go through here -- and tell me where
it was your responsibilities, for part of this agreement,
to go out there and personally solicit any business for
the ranch. Tell me what page number you find that and
what paragraph number.
MR. BROOKS: Judge, there are multiple
copies. Can Mr. Grogan and I get two of the ones you've
got up there?
THE COURT: That's fine.
Q (BY MR. GROGAN) Did you find it?
A No, sir.
Q Keep looking.
(Pause)
Q Would it surprise you to find out it's not in
there?
A No, it wouldn't.
Q In fact, you already testified yesterday that
your job was to run the ranch, as far as maintenance on
the high-fence side; is that correct?
A Yes.
Q Okay. Did George, though, even though it's not
in the recitals, did y'all have discussions, though,
about, hey, this isn't working out -- did George talk to
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you and say, this lease isn't working out; can you do
some more to help generate business in this? Did he ever
ask you that?
A No.
Q Never?
A I don't believe so.
Q Did he ever complain to you about, we're just
not getting enough clients out here?
A I don't recall that.
Q Now, earlier you told Mr. Brooks, when he was
asking about some of the bank accounts, you responded you
didn't know a lot about the financial stuff. How much
did you know about the financial side of this business?
A I really didn't know much on the financial
side.
Q I'm sorry?
A I didn't know much on the financial side.
Q Did you even know who was running the finances
of this business?
A I remembered I used to turn in time sheets to
Mark's wife, and I believe she was the one that was
issuing the paychecks.
Q Are you talking about Mr. Trease?
A Yes.
Q Do you remember the wife's first name?
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A I don't remember her first name.
Q Was she -- you actually testified who you
remember being on the ranch. How would you submit the
time sheets to Ms. Trease?
A I would email them to her.
Q So where was she at, then?
A In Oklahoma.
Q And do you remember how long that was the
procedure, as far as submitting your time sheets to Ms.
Trease? How long did that go on?
A I don't recall exactly. It was a couple of
months, at least.
Q After the first couple of months, though, do you
remember anything else about the finances and how you got
paid or where you submitted your time sheets?
A I believe I started just sending them to George.
Q And Mr. Brooks pointed out that -- did you look
at those bank records from yesterday, State's Exhibit No.
6?
A I skimmed through.
Q And you're aware these are banks records from
Chase. Did you notice that on these records?
A Yes.
Q But you're saying now that there were other
sources of -- there were other bank accounts that Mr.
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Briscoe had, besides that one right there?
A I don't know exactly what bank accounts Mr.
Briscoe had. I believe when we signed that paper, that
was in Miami, Oklahoma, I believe. I don't remember
signing anything --
Q Oh, the one you were shown by Mr. Brooks that
you looked at a minute ago?
A Yes, sir.
Q All right. The direct deposits, do you know
from ever looking at your bank which bank those were
coming from?
A No. That account was -- I closed that account.
Q Let me ask this. Do you remember getting any
other checks written by George, besides the ones that you
were told about in State's Exhibit 6, the Chase account?
Do you remember seeing any other checks from George that
were written on a different account?
A I don't recall.
Q And then back to State's Exhibit No. 5. Do you
have that in front of you?
A You just took it, sir.
MR. GROGAN: Your Honor, may I approach the
witness?
THE COURT: Yes, sir.
Q (BY MR. GROGAN) At the bottom of that page, is
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there a page number, for the purpose of the record, on
Exhibit 5?
A I don't see a page number.
Q For purposes of the record, read from that line
down at the bottom of that page.
MR. BROOKS: Judge, I need somebody to tell
me what page they're reading from.
Q (BY MR. GROGAN) Use that reference.
A In the top right corner, it would be page 16 of
24.
Q At the very bottom of 16 of 24, read that bottom
line that starts with the word "management."
A Management team, Linda S. Warner, development
company, George Briscoe, owner of VPW Management, LLC.
Q Any other names?
A No, sir.
Q Go to the next page. Are there more names to
this VPW?
A No, sir.
Q What about Mark Trease or Monte Fowler? Do you
see their names there?
A No, sir.
MR. GROGAN: I'll pass the witness.
RECROSS-EXAMINATION
BY MR. BROOKS:
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Q Now, let's be fair about that, sir. Mr. April,
if you'll look and go back, let's go to page 10 of 24 in
front of that. What does that page say?
A Page 10 of 24 says, "Coyote Crossing Ranch,
paving the path for future generations of outdoor
communities."
Q The next page is the Table of Contents; is that
right?
A Yes.
Q And then if we actually go to the next page
after that, it talks about this is a vision plan,
correct?
A Yes.
Q Okay. You don't know -- and I guess let me ask
this question. This is all stapled together in 5. You
don't recall if this came to you in two separate
documents or if it was one document or what? You don't
remember, do you?
A No, sir.
Q Now, just so we can understand, you talked about
how much money that -- you know that during this process
when you were out there -- I think you told Mr. Grogan
yesterday you were doing what you could to try to keep
this dream going, right?
A Yes.
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Q Mr. Briscoe was too, wasn't he?
A I believe he was.
Q In other words, as this thing was progressing
around, what you recognize is that everybody was working
from May of 2010 when you got there until the Constable
shows up in 2011 to try to make that a viable business
proposition, right?
A I believe so.
Q Okay. Sir, now, let's go back to the front page
of 5. Go down to the bottom, that paragraph -- last
paragraph. And look at that last paragraph. It says,
"Ray April agrees," right? Do you see that?
A Yes.
Q That's where it talks about you're going to pay
$80,000, right?
A Yes, sir.
Q And it talks about what your shares are going to
be, right --
A Yes.
Q -- next line?
It says you're going to work at least 55
hours a week, correct?
A Yes.
Q And you're going to get to live on the ranch
rent free, right?
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A Yes.
Q Go to the next page, sir, top of that next page.
It says you're going to be responsible for all your
utilities. You didn't pay any utility bills ever, did
you?
A I don't recall.
Q Now, let's just skip down to the very last two
lines there. It says, "Ray April will perform job duties
related to wildlife management, farm repair, agricultural
maintenance, hunting guide, and part time salesman."
It says you're going to be a salesman,
doesn't it?
A It does.
Q So when Mr. Grogan said he couldn't find it and
you couldn't find it, I mean, you've read this before,
right?
A Yes.
Q There's nothing out there to sell, I guess,
other than this equipment. And you weren't really
contemplating when you signed this that you were going to
be selling equipment off the ranch, right?
A I didn't know I was going to be selling
equipment.
Q What you really envisioned was, you were going
to be part of selling these hunts, these things that --
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everything else that was going to be going on, right?
You thought you were going to be selling those things,
part time, right?
A Yes.
Q So you knew you were going to be doing that.
And it's part of your contract, isn't it?
A My understanding was -- is when we were out --
if I was out guiding a client and there was other animals
out there that walked by, I would try to sell those other
animals.
Q Try to sell things to people. That's why you
had the sticker on the side of your truck, right?
A Yes.
Q That's so you could generate interest in the
ranch, right?
A Yes.
Q That's so you could generate interest when you
were someplace other than the ranch, right?
A Yes.
Q How did you get that sticker on the side of your
truck?
A George took my truck and I believe his truck and
went to a local company that did vinyl decals.
Q So you put that vinyl decal on there, Coyote
Crossing Ranch, right?
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A Yes.
Q Telephone number?
A I don't remember what was on there.
Q Okay. So when Mr. Grogan was asking, you know,
where is it part of your contract, you don't think,
though, that's part of your contract that you had? Is
that your testimony?
MR. GROGAN: I object to the way he stated
that question. That's not what I asked him.
MR. BROOKS: Judge, it is what he asked.
Mr. Grogan --
THE COURT: Overruled.
MR. BROOKS: -- is trying to --
THE COURT: Overruled. Overruled.
Go ahead.
We're not going to do that, guys.
Next. Go ahead.
MR. BROOKS: Judge, I'll pass this witness.
FURTHER REDIRECT EXAMINATION
BY MR. GROGAN:
Q So, again, let me just make sure. Did George
Briscoe ever come to you and ask you to do anything, as
far as sales, the entire time you were on the lease?
A I don't recall getting a list of numbers to make
phone calls.
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Q Well, as Mr. Brooks pointed out, there's other
ways that you could be making sales besides a list. Any
other things that he asked you to do to help grow the
business?
A He asked me to -- I believe it's in here -- to
start the gun club for 51 percent ownership. And I
talked to a couple of banks, and Mr. Briscoe went to the
bank with me in setting up a business plan to start a gun
club on the ranch.
Q And how far did that get, the gun club?
A It never really went anywhere.
Q Let me ask you. One other thing you had told
Mr. Brooks, you said, I believed George was trying to
make this joint venture work, just like you wanted it to
work. Did your belief get shattered before you left the
ranch?
A Yes.
Q What specific event was it that finally caused
you to believe this wasn't going to work?
A I don't recall a specific major event, besides
the Constable coming out there.
Q And that, you said, was the very last day you
were there, correct?
A Yes, sir.
Q Is it fair to say that all the way to the last
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day, you still thought this was going to work?
A I believe I wanted it to work so bad I had
blinders.
Q How old are you, again, Mr. April?
A 30.
Q Is this the first big investment you've ever
made in your life?
A The only one.
MR. GROGAN: I'll pass the witness.
THE COURT: Anything else?
MR. BROOKS: No questions at this time.
THE COURT: All right, sir. You may step
down. You may be subject to recall. So I would ask you
to leave your phone number with the District Attorney's
Office in case your further testimony is needed.
Sir, I also remind you that you are still
under the Rule that I placed you under not to discuss the
case with anyone other than the attorneys or allow anyone
to discuss it with you.
Do you understand?
THE WITNESS: Yes, sir.
THE COURT: You're excused. Thank you.
Folks, we'll take our morning break now.
We're going to take a little bit longer one because I
have a couple of things to do. So we're going to take a
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20-, 25-minute break at this time.
Please feel free -- you're not confined to
the jury room. It's not a prison cell. Daniel won't
taze you if you try to walk out the door. You guys -- I
don't think he will.
You don't intend to, do you?
All right. He smiled. I think that means
no.
So feel free to walk around the courthouse.
But just remember, don't talk to anybody about the case
or allow anyone to speak to you about the case.
THE BAILIFF: All rise for the jury.
(Recess)
(Open court, defendant present, no jury)
THE COURT: Does the state have anything
before we bring the jury out?
MR. GROGAN: No, Your Honor.
THE COURT: Mr. Brooks?
MR. BROOKS: No.
THE COURT: Let's bring them out.
THE BAILIFF: All rise for the jury.
(Jury entered the courtroom)
THE COURT: All right. Thanks. Y'all may
be seated.
Mr. Grogan, sir, when you're ready, the
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State may call its next witness.
MR. GROGAN: Thank you, Your Honor. State
will call Jayson Campbell.
(Witness entered the courtroom)
THE COURT: Mr. Campbell.
Sir, I swore you in yesterday?
THE WITNESS: Yes, sir.
THE COURT: Ladies and gentlemen, this
witness has already been placed under oath in this
matter. He is aware that he is under oath.
Sir, I do remind you of that oath at this
time.
Mr. Grogan, sir, whenever you're ready.
MR. GROGAN: Thank you, Your Honor.
JAYSON RAY CAMPBELL,
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GROGAN:
Q Sir, can you state your full name for the
record?
A Jayson Ray Campbell.
Q What's your date of birth?
A 5/13/73.
Q Where did you grow up?
A Commerce, Texas.
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Q And who is your mother?
A Kathy Campbell.
Q And what do you do for a living?
A I work for Commerce Independent School District
for the maintenance department, and I also own
Progressive Heat & Air.
Q How long have you owned your own business?
A Going on eleven years, sir.
Q Do you know a person named George Briscoe?
A Yes, sir.
Q When did you first meet Mr. Briscoe?
A The first time we were having a fund raiser for
the chili cook-off for the City of Commerce, he came by
and ate some deer chili that I made. And then I met him
at some skeet shoots he had at the Coyote Crossing.
Q The chili cook-off event, where was that?
A Downtown Commerce.
Q Did y'all talk at that cook-off?
A Just for a moment. I was talking to everybody
that came by. We were just up there giving away chili.
Q And then you mentioned you met him next at the
ranch. Had you ever been out to the ranch prior to that?
A No, sir. I was raised about five miles down the
road, but I had never actually been on it when it was a
ranch.
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Q And what would you and George talk about when
you were out at the ranch those times you went out
there?
A Mostly just hunting and shooting clay targets
and just regular stuff at first.
Q Well, let's talk about the hunting part. What
would you hunt when you were out there?
A I deer hunted, and we varmint hunted. We went
for hogs, but I never shot a hog out there.
Q How would it work? Were you a guest, a
customer? What was your relationship on the ranch?
A At first I was a customer. It kind of turned
into more of a friend than a guest.
Q When you were a customer, when you first went
out there, what would you be charged to go out there on
the ranch?
A At first it was $500 for a deer. And then we'd
go out there every Wednesday night. We had, like, a
league deal. We'd just go out. People would go shoot
skeet. I think it was $20 a round. And if you paid an
extra $5, I believe you got to eat supper there at the
ranch.
Q $20 a round to do what?
A To shoot clay targets, five stand.
Q You said that was on Wednesdays?
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A I believe it was Wednesday or Thursday. I don't
remember. It's been about seven years ago.
Q All right. And then at some point, did that
customer relationship change, and you weren't paying for
some of these things?
A Yes, sir.
Q And when about did that happen?
A Probably around Christmastime.
Q By Christmastime, approximately how many times
do you think you had been out to the ranch to --
A At least two or three times a week.
THE COURT: Sir, let him finish his
question so you know what he's asking.
THE WITNESS: Okay.
THE COURT: Go ahead, sir.
Q (BY MR. GROGAN) And do you know when you
started those visits to the ranch? You said two or three
times a week. When did you first start going out there?
A It was the first -- around the first of
September. No. It was a little bit before that, because
I went dove hunting out there. Probably about July or
August, I guess it was. And I'd go at least once a week.
Q And do you -- did you remember meeting any of
the employees or anybody that worked out there at the
ranch when you were going out there?
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A Mostly Ray April. Me and him got to be
friends.
Q Anybody else you remember besides Ray April?
A Monte, I met him. I met Sam Leatherman. He was
there towards the end. And Liz and George, basically.
Q How would you describe your relationship, then,
with George Briscoe and his wife, Elizabeth by
Christmastime?
A My daughter was born on January 31st of that
year, and they were there when she was born, and they
were -- my wife actually offered to have kids for them,
because they couldn't -- to have a baby for them. So we
were pretty close.
Q All right. You said your child was born on
January 31st?
A Of 2011, yes, sir.
Q And Mr. Briscoe and his wife were at the bedside
for that birth?
A They came over after she was born, yes, sir.
Q Did you and Mr. Briscoe have any other strong
connections?
A Not really. Just basically shooting, and that's
it.
Q Are you a member of the Mason Lodge?
A Yes, sir. I'm Master Mason in Commerce and
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Ladonia.
Q When you hung out with George, did you
understand he was related in that connection?
A He seen my tattoo that I had, and he said he was
a member of a lodge up in Oklahoma. But he hadn't gone
all the way through to the master degree. But I don't
know if he has since or not.
Q And would you and -- you said you had a wife.
Would y'all do stuff off the ranch together, you --
A Yes.
Q -- and your wife?
A Yes.
Q Would you and your wife do stuff with George and
his wife off the ranch?
A Yes. One weekend went to Fort Worth together
and stayed over there. We'd go out to eat. We've done a
lot of things together.
Q This Ray April guy that you said you became
friends with, was he involved in some of these off-ranch
activities with y'all?
A No. He mostly stayed around the ranch. Me and
Ray would go hunting and stuff like that together and
ride around. Ray actually came to work for me at the air
conditioning business. When I needed help, he'd come
help me.
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Q All right. So we got up to Christmastime. Did
you continue to go out to the property and do the hunts
and the clay targets after Christmas?
A Yes, sir.
Q But you said you were no longer a customer. How
so? What had changed?
A He didn't charge me, like, to shoot and stuff
like that.
Q Did y'all have any kind of agreement about not
having to pay for using the property?
A No, sir.
Q At that point did you know anything about a
company called VPW Management?
A No, sir.
Q When is the first time that you heard about that
company?
A Probably around March or April of that year,
2011.
Q Well, let's talk about around February of 2011.
Do you remember that time frame?
A Yes, sir, I remember it.
Q You mentioned your mother's name, Kathy. Did
she ever meet the defendant, George Briscoe?
A Yes. Me and George got to talking. He was
saying that he wanted some investors to go in on the
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property, you know, buy a percentage of it. I didn't
have the extra money. So I talked to my mom. And she
came out, and my granddad actually came out with us and
sat there and talked to him and everything. And about a
week or so went by, and mom decided she would do it. And
--
Q Let me stop you there.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes, sir.
MR. GROGAN: I'm going to show defense
counsel first what's going to be marked State's Exhibits
9, 10, 11 and 12.
Q (BY MR. GROGAN) While he's looking at that, did
you communicate with the defendant in other ways, besides
in person?
A Emails and phone.
Q And you were just talking about investment stuff
that came to you. Was that communicated in email stuff,
as well?
A Yes, sir.
(Pause)
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes, sir.
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Q (BY MR. GROGAN) Can you look at these four
exhibits that are marked 9 through 12 and tell me if
you're familiar with those exhibits?
A Yes, sir. This is all the emails that we sent
back and forth.
Q When you say "we," who is on the other end of
those emails?
A I would forward them to my mom.
Q But who was sending them?
A George, Mr. Briscoe.
Q What time frame are we talking about?
A February 11th, 2011: 4:32 p.m. is that one;
4:39 p.m., the same day; 4:40 p.m., the same day; and
4:40, the same day on the other one.
Q So all four of those exhibits are emails from
George on the same day and around the same time?
A Yes. And these all came in after my granddad,
my mom, George, Liz, and me all met at the ranch. And we
talked about buying in, buying part of the ranch. And
this is all the information emailed about it.
Q Let's go back. You're saying that came -- those
emails from George came after the meeting at the ranch?
A Yes.
Q How many days before those emails was that
meeting on the ranch?
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A Probably the day before.
Q And who all was present for that meeting?
A Ernest Hawkins, Kathy Campbell, me, and George
and Liz Briscoe.
Q And how long did that meeting last for?
A We were probably there two to three hours.
Q Was this the first time that you had ever heard
about a business opportunity out there at the ranch?
A No. I had heard about it a week or two prior to
that. And that's when I talked to mom, and she said she
was interested.
Q Who did you hear about it a couple of weeks
prior to that meeting?
A George.
Q What were the circumstances around the
conversation with George a couple of weeks prior about
this business opportunity?
A He was just talking about that he's got one
investor that he was wanting to get out -- I believe it
was Mr. Fowler -- and that I could buy him out. And I
was interested in doing it. So then he said that he's
got -- I said, do you need more investors? You know, I
got maybe some more people that might be interested. He
said, yes. So that's when I contacted my mom too.
Q And you mentioned he wanted potentially to buy
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out an investor named Fowler. Did you know a Fowler?
A I met him one time before at dove season. We
were out there dove hunting. I had to leave that morning
because I had an emergency call at Commerce Middle
School. And before I could get back out, I got a phone
call from George saying, don't come back out here; the
game warden is here writing everybody tickets.
Q That's the one incident you remember this Fowler
guy from?
A Yes, sir. He left the ranch right after that.
Q So you had this previous conversation with
George a few weeks earlier. Let's go to the meeting.
What did George talk about at the meeting?
A Hope 4 Today, I believe is what it was called.
He was talking about how they were going -- they bought
the ranch. He was selling it to Hope 4 Today for 5
million. He bought the ranch for 3.6 million. And --
but he had to get some investments, and we'd have our
money back, you know, within a year or something like
that. I don't remember the exact time frame. But they
-- Hope 4 Today goes around the country buying ranches
for disfortunate kids, basically, to go hunt and be in
the outdoors and stuff.
Q So he had told you that he had bought the ranch
for 3.6 and ended up turning a profit on a sale for 5
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million to Hope 4 Today?
A Yes. And I believe it's all in these emails.
Q Did he provide paperwork in those emails to show
you stuff about that?
A Yes, sir. Also he showed what all the property
at Coyote Crossing was worth, the acreage, what it was
appraised at, all the equipment, all the way down to bird
feeders.
Q Did he offer that information, or did you
request it because you were thinking about investing?
A He sent us all this trying to get us to invest
in the ranch.
MR. BROOKS: I'm going to object as
nonresponsive.
THE COURT: All right. After "he sent it,"
sustained.
MR. BROOKS: Ask that the jury be
instructed to disregard any statements after that.
THE COURT: Ladies and gentlemen of the
jury, you are instructed to disregard the witness's
answer in which he opined as to the motivation of Mr.
Briscoe in sending these documents. And you are not to
consider that in your deliberations.
Next question.
Q (BY MR. GROGAN) Mr. Campbell, so you just
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talked about this transaction. Did he offer to you or
tell you in any way to show that he had actually
purchased the ranch to be able to sell it?
A No, sir. As far as I knew, he owned the
ranch.
Q Prior to this meeting, was there any reason that
you believed that Mr. Briscoe was the owner of this
ranch?
A He said he was the owner of the ranch.
Q How often would he say he was the owner of the
ranch?
A The first time I met him at the chili deal, he
said he owned the ranch out there, that he just acquired
it.
Q And after that first meeting, did he say it on
other occasions, as well?
A Not really, just out of context. I could be
talking to somebody, and he'd say, yeah, I own this ranch
and everything, you know, for shoots and everything.
Q Did he at any time ever disclose to you during
February of 2011 when he was talking to you about
investment opportunities that he was under a lease
option?
A No, sir.
Q Would that have changed your investment attitude
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if you had known that?
A Yes, sir.
Q Did you ever find out from George -- you
mentioned what Hope 4 Today did or was designed to do,
talking about disabled kids. Did you ever find out who
was involved in this nonprofit organization?
A He told me his mom was to begin with. She was
something with the Indian Board at the government level
or something.
Q Did you ever meet his mom?
A Once -- no -- twice, I believe, out there at the
lodge.
Q Was this before or after this meeting in
February?
A It was around about that time. It might have
been right before.
Q What else during this meeting did George talk
about? You mentioned about the purchase price and the
sale price and who he was going to sell it to. What else
did he talk about, as far as this opportunity?
A That when we sell it to Hope 4 Today, we would
all be basically working for Hope 4 Today and going
around the country buying ranches and converting over to
sell to Hope 4 Today where they could have basically
hunting camps for kids and stuff. And he told me that in
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-- I mean, in Missouri, he was trying to look at one, and
he was always going to Oklahoma looking at one, and
supposedly already had one in Oklahoma.
Q Did you ask for any more information on the one
in Oklahoma he supposedly had?
A No. He kept saying we would go up there, but we
never did. We also went duck hunting. Me and my wife,
his wife, and him went out to Seymour, Texas, to my deer
lease, went duck hunting.
Q This is before that meeting on the investment
deal?
A Yes, sir. It was probably in mid-November of
that year, 2010.
Q You said duck hunting?
A Yes, sir.
Q Where was your lease at?
A Seymour, Texas.
Q All right. So anything else you remember from
that meeting, besides what you've already said that
George talked about, as far as this opportunity?
A Basically, no, sir.
Q So after that meeting, is the next communication
you had with George those emails that you referred to?
A Yes, sir.
Q And after you got the emails, what did you do
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with the emails?
A I forwarded them to my mom.
Q Why would you send them off to your mom?
A Because she was thinking about investing also,
and this basically persuaded her to do so.
Q And you mentioned those were dated on February
11th. When did you guys, you and your mom, come into an
agreement that you were going to do this? Do you
remember how many days, approximately?
A It was probably about a week later.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) I'm going to hand you what's
been marked State's Exhibit 13. Are you familiar with
this document?
A Yes, sir.
Q Where has that document been the last several
years?
A In the console of my truck. That's why it looks
like that.
Q Is that the document pertaining to this
agreement that you may or may not have ever reached with
Mr. Briscoe?
A Yes, sir.
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MR. GROGAN: Your Honor, State moves to
offer into evidence State's Exhibit No. 13.
MR. BROOKS: No objection.
THE COURT: State's Exhibit 13 is admitted.
(State's Exhibit No. 13 admitted)
Q (BY MR. GROGAN) When is that -- now that it's
in evidence, tell the jury. What's the date of that
agreement that you entered into with --
A February 14th.
THE COURT: Sir, you've got to let him
finish.
THE WITNESS: I'm sorry.
Q (BY MR. GROGAN) I'm sorry. What was the
date?
A February 14th, 2011.
Q Okay. And the jury hasn't seen that agreement
yet. But this was an agreement between who? Who were
the parties in this agreement?
A George Briscoe and me.
Q What was your required part of the agreement?
What were you supposed to do as part of this agreement?
A I would give him $25,000, and he would give me
10 percent of the company assets of Coyote Crossing
Ranch. And it was supposed to be 40,000, but he -- I
done some work out there. So 5,000 was work. And then
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also gave me -- my dad passed away that year before, and
we had his truck. And he took dad's truck as part of the
money. So I only had to come up with 25,000 actual
cash.
Q To get what percentage?
A 10 percent of all assets of Coyote Crossing
Ranch.
Q Of all assets in what?
A Of the Coyote Crossing Ranch.
Q Is that other -- the other contributions that
added up to your 40 reflected on the document, or are you
talking about stuff that was outside the agreement?
A It's on the document.
Q So it was 25 cash?
A Uh-huh.
Q Is that yes or no?
A Yes.
Q And then when you said -- what was the other
stuff that made it add up to 40?
A There was $5,000 worth of work performed on air
conditioners and refrigerators out there. And then my
dad's truck, and that was 10,000.
Q And then in return for that, on February 14th,
you got 10 percent?
A Yes, sir.
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Q Under this agreement, are you supposed to do
anything, as far as day-to-day, to help the business?
A No, sir.
Q Are there any other responsibilities besides the
financial investment part of that agreement you were
supposed to do?
A No, sir.
Q And what did George in return promise to you as
far as timeline, as far as return on investment or
payments or anything like that? Is that spelled out in
the agreement?
A No, sir. It's in the emails.
Q So in the agreement itself, the only thing
that's promised by George is the 10 percent of all assets
of Coyote Crossing Ranch?
A Yes, sir.
Q Now, you said it was dated February 14th. You
said your mom was ultimately persuaded to make an
investment too. Was hers also done at the same time as
yours?
A We all met at the same time. George signed. I
signed mine, and then George's wife notarized it.
Q So on that Exhibit 13, there's a notary stamp
from George's wife on the back of that page?
A Yes, sir, there is.
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Q And George is the person that signed it there?
A Yes, sir.
Q Did you have any understanding, as far as
Elizabeth Briscoe's role with VPW at that point?
A No, sir, other than wife. I didn't know if she
was affiliated or not.
Q On that document that you signed to agree to
give 25,000 cash for it, does it mention the word "VPW"
on there?
A Yes. Yes, sir. The firm is what it says. But
it says VPW Management.
Q And that's -- is that one party to this deal, is
the firm? You're reading it. No one has seen this
document.
A I mean, yes. And then it says, "acting herein
by George Briscoe, II."
Q So first though it says firm name. Then it's
got George Briscoe's name after that?
A Yes.
Q Did you ever before signing that document and
giving the cash inquire about who was part of this firm,
VPW?
A No, sir.
Q Since this document was executed and you paid
into this opportunity, did you find out who was part of
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this VPW firm?
A Yes.
Q When did you discover who was involved in the
VPW firm?
A After they started contacting me saying that --
MR. BROOKS: I'm going to object that it's
nonresponsive. It's hearsay.
THE COURT: Sustained as to hearsay.
Sir, generally, you're not allowed to say
what somebody else told you.
Mr. Grogan.
Q (BY MR. GROGAN) So my question before that was,
did you ever find out about who was involved with VPW? I
want to know right now when, the date, time frame?
A Around April.
Q Of the same year, 2011?
A Yes, sir.
Q And who -- who provided you the information? I
don't want to know what it was.
A I Googled it.
Q Once you got the information from Google, did
you go talk to George Briscoe about it?
A Yes. But he was already gone.
Q What do you mean gone?
A Evicted off the property. That's when I started
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thinking everything was fishy.
MR. BROOKS: I'm going to object as
nonresponsive.
THE COURT: Sustained as to the last part
of the answer.
Q (BY MR. GROGAN) Well, let me ask you this. So
you're saying you Googled, you believe, some information
on VPW in April of 2011, and you never talked to George
until he was gone; is that right?
A Right. He was -- that was about the time he
left, April or May. I can't remember exactly. That was
seven years ago.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes.
Q (BY MR. GROGAN) I'm going to show you what's
being marked as State's Exhibit 4, 7, and 8. Are you
familiar with what's been marked State's Exhibit No. 4?
A Yes.
Q Are you familiar with what's been marked State's
Exhibit No. 7?
A Yes, sir.
Q And are you familiar with what's been marked
State's Exhibit 8?
A Yes, sir.
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Q Okay. Did you have contact with George after
this agreement was entered in February about a Bobcat?
A Yes, sir.
Q And when did that happen?
A June 24, 2011.
Q Okay. So when you were dealing with George
about a Bobcat, you never asked him about what you had
Googled back in April?
A (Witness shakes head back and forth)
Q Let me ask you. Had your relationship --
MR. BROOKS: Sorry, Judge. I need the
record to reflect that Mr. Campbell shook his head "no."
THE COURT: Sir, I do need you to answer
yes or no.
THE WITNESS: Yes, sir.
THE COURT: And your answer to the last
question was what?
THE WITNESS: No.
THE COURT: Thank you.
Go ahead.
Q (BY MR. GROGAN) So had your relationship from
April -- or even going back to February when you made the
investment up until June, had it changed, as far as your
relationship with George?
A No, sir.
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Q Had you and George and even his wife and your
wife continued to do stuff off the ranch between February
up until June of 2011?
A Yes, sir.
Q Tell the jury what -- about the Bobcat. What
happened in June 2011, as far as the Bobcat?
A George said he needed some money to close a
deal, and he was needing $13,000. And I said, well, I
can round it up, but I'm going to have to have something
to hold, or whatever, to give you this money. So he had
a skid-steer. I got it and held it. And I got a bill of
sale saying I had interest in it for 90 days. He had 90
days that he had to pay me back, or I got the Bobcat.
Q Is that -- in that bill of sale, is that the one
that you've got right there that's marked State's Exhibit
No. 4?
A Yes, sir.
Q Who gave that to you in June of 2011?
A George.
MR. GROGAN: Your Honor, State moves to
offer into evidence State's Exhibit No. 4.
Q (BY MR. GROGAN) And you're saying skid loader.
What is a skid loader?
A It's a Bobcat, a small piece of equipment.
MR. BROOKS: Judge, no objection.
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THE COURT: State's Exhibit No. 4 is
admitted.
(State's Exhibit No. 4 admitted)
THE COURT: Is that the bill of sale?
MR. GROGAN: It is, Your Honor.
THE COURT: Thank you. Go ahead.
Q (BY MR. GROGAN) You mentioned there was a
90-day buy-back period. So how did you view the $10,000
you were giving to George?
MR. BROOKS: I'm going to object, Your
Honor, as to how he viewed. The document speaks for
itself.
THE COURT: Overruled, as how he viewed it.
He can answer.
Q (BY MR. GROGAN) How did you view the $10,000
you were giving George in exchange for his Bobcat for
this 90 days?
A That I was buying the Bobcat unless he paid me
back.
Q So if he was going to pay you back, was there
any collateral to make sure you got paid back on this
transaction?
A Not on that one.
MR. GROGAN: Ask permission to publish 4 to
the jury.
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THE COURT: Yes, sir.
Q (BY MR. GROGAN) Now, State's Exhibit No. 7, you
said you're familiar with this document too?
A Yes, sir.
MR. GROGAN: I'm going to show this to
defense counsel.
State moves to offer into evidence State's
Exhibit No. 7.
MR. BROOKS: No objection.
THE COURT: State's Exhibit No. 7 is
admitted.
(State's Exhibit No. 7 admitted)
MR. GROGAN: Your Honor, ask permission to
publish this to the jury.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) So what the jury is looking at
in Exhibit 7, what is that document?
A That's the check I gave George.
Q And then, finally, State's Exhibit No. 8 --
MR. GROGAN: I'm showing that to defense
counsel.
State moves to offer into evidence State's
Exhibit No. 8.
MR. BROOKS: There's no predicate.
THE COURT: Sustained as to no predicate.
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Q (BY MR. GROGAN) Who gave you what's in State's
Exhibit No. 8?
A George.
Q And is this part of this transaction that's been
talked about?
A Yes.
Q And he handed this to you in person?
A Yes.
MR. GROGAN: Your Honor, again, the State
moves to offer in State's Exhibit No. 8.
MR. BROOKS: Voir dire?
THE COURT: Yes, sir.
VOIR DIRE EXAMINATION
BY MR. BROOKS:
Q This document is dated August 4, 2011. That's
not anywhere near June 24th, is it?
A No, sir. What that --
Q It's not part of this transaction on June 24,
2011, then, is it?
A No, sir.
MR. BROOKS: I'm going to object.
THE COURT: On what grounds?
MR. BROOKS: There's no relevance
established.
THE COURT: All right.
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MR. GROGAN: Your Honor, I'll ask another
question.
DIRECT EXAMINATION RESUMED
BY MR. GROGAN:
Q Can you explain why this check from George was
dated so far out?
A George called me end of July, something like
that, and said, I need the Bobcat. We're having a shoot.
We need to do some cleanup and stuff. I need the Bobcat.
Well, I had a partner with the Bobcat, which I was still
thinking I still owned 10 percent of the ranch and
everything.
And I said, well, my partner -- we'll bring
the Bobcat back out, and we can use it on the ranch or
whatever. But he's going to want something to hold as
collateral because he's got money invested in this too.
George gave me a check for $10,000.
MR. GROGAN: Your Honor, State offers
State's Exhibit No. 8.
MR. BROOKS: I'm going to object. That's
whole -- separate and apart from some type of agreement.
MR. GROGAN: It's all part of the same
transaction.
THE COURT: Overruled. State's Exhibit 8
is admitted.
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(State's Exhibit No. 8 admitted)
MR. GROGAN: Ask permission to publish that
to the jury.
THE COURT: Yes.
Q (BY MR. GROGAN) By the way, did that -- did you
do what he asked you to do and hold onto the check?
A Yes, sir. I held the check until a certain
date, and I took it to the bank after I found out he had
done skipped the country.
MR. BROOKS: I'm going to object as
nonresponsive.
THE COURT: Sustained, after "took it to
the bank."
MR. BROOKS: Judge, I'm going to ask that
the jury be instructed to disregard.
THE COURT: Ladies and gentlemen of the
jury, at this time you are instructed to disregard the
last part of the witness's answer. You may not consider
it, refer to it, or relate to it in your deliberations.
Q (BY MR. GROGAN) Mr. Campbell, did the check
clear the bank?
A No, sir.
Q Now, going back to this transaction. You were
talking about you gave him $10,000, and the jury's
looking at the bill of sale of that transaction, which is
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Exhibit No. 4. Did you ask for any other proof of
ownership or anything at that time to take the Bobcat off
the ranch?
A I thought we owned the ranch already, honestly.
MR. BROOKS: Objection, nonresponsive.
THE COURT: Sustained.
Sir, the question was, did you ask for any
proof --
THE WITNESS: No, sir.
THE COURT: -- of ownership?
THE WITNESS: No, sir.
Q (BY MR. GROGAN) Is a Bobcat skid loader that
you described, is that something that has to be -- a
vehicle that has to be titled in the State of Texas?
A Probably, yes.
Q Well, what was your intention if you're
purchasing this thing for -- I think you said 13,000
initially -- what were you going to use it for?
A Around the house, just -- I ended up buying one
anyway. But I use it to load pecans with, clean brush,
dirt work, clear fence rows.
Q And if you are buying something like a Bobcat
from somebody like Mr. Briscoe and you don't ask for
title work, what was your intentions as far as titling
it?
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A You just don't have to have a title, like a
truck or anything. I had the bill of sale. That was --
that's usually good enough.
Q Did you ever meet a man named Clete Aycox?
A Yes, sir. I did, after all this happened.
Q But before all this happened, had you ever met a
man named Clete Aycox?
A Never heard of him, no, sir.
Q So you had never even heard the name Clete
Aycox?
A No, sir.
Q When was the first time you heard of the name
Clete Aycox?
A When I went out there to get the Bobcat back and
everything was locked up. And I seen a man there. I
asked him who he was. He said he was the owner of the
ranch, Clete Aycox.
Q And is this -- has George left town by this
point?
A Yes, sir.
Q And since that meeting with Clete Aycox for the
first time, have you kept up a relationship with him ever
since?
A We're Facebook friends.
Q Have you kept in touch with George Briscoe ever
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since?
A No, sir.
Q What about his wife? Have you kept in touch
with her?
A No, sir. Whenever they found out I was friends
with Clete, they un-friended me on Facebook.
Q And is this the first time, then, that you've
seen George Briscoe in six-something years?
A Yes, sir.
Q While you were out there on the ranch, did you
ever use any of the equipment -- you testified you
thought you were a partial owner of this property because
of your investment. Did you ever use any of the
equipment that was out there?
A Yes, sir.
Q What equipment do you remember using while you
were out there?
A I've used the Polaris Rangers, the tractors,
just anything I wanted to get on and use.
Q And the last time that you were out there, what
do you remember the conditions of the Polaris Rangers
being?
A They were gone.
Q Did you see them when they left?
A No, sir.
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Q Did you ask George about where they went?
A No, sir.
Q Do you remember when it was when you remember
seeing them being gone?
A No, sir.
Q How often would you use them?
A We used them deer season, but after deer season,
they were gone. And two of them were broke down, and I
just assumed that he was getting them fixed.
Q You said two of them. How many total --
A I believe there was two --
THE COURT: Let him finish. You don't have
any idea what he's going to say.
Next.
Q (BY MR. GROGAN) How many -- let's talk about
UTVs first. Do you know what a UTV is?
A Yes.
Q How would you describe what kind of vehicle is a
Polaris?
A It's a UTV.
Q How many UTV-type vehicles were there out there
on the Coyote Crossing Ranch?
A I believe three.
Q Now, you said just a minute ago -- I think you
just testified two of them weren't even working. Is that
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what you said?
A Yes, sir.
Q What was the third UTV that you remember on the
ranch?
A It was a Kawasaki mule.
Q Which one of the three then was working of those
three that you described?
A Just depends on what day of the week you were
out there. There was always one of them broken.
Q Was there someone out there on the ranch that
would do that kind of work, as far as fixing the
equipment, that you remember?
A No. They'd always take it to somebody.
Q Who would normally be the person you remember
taking the equipment off the ranch to get it worked on?
A Ray, the ranch foreman or manager or whatever.
Q Did you ever see any equipment being sold at the
ranch?
A No, sir.
Q What other equipment did you use while you were
on the ranch? You mentioned the tractors and UTVs. What
else?
A Basically, that's all I ever used. I took my
own. I had my own stuff out there, trucks and stuff.
Q Was that an agreement you had with George about
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parking your stuff on the property?
A No.
Q Did you also stay overnight or anything like
that while you were out there?
A Yes, sir.
Q Where would you sleep when you would stay
overnight?
A In one of the lodge rooms.
Q And how often would you say you would stay in
the lodge rooms?
A I might have stayed out there a total of three
times.
Q Do you have a family besides your wife then?
A Yes. I have a son and daughter.
Q And can you describe the tractors you said you
would use out there?
A He had a Kubota, I believe, with a bucket on it.
It was probably around a 60- or 70-horse. There was a
dozer out there at one time. That's about all I
remember. It's been a while.
Q Did you ever use the bulldozer?
A No, sir.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes, sir.
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MR. GROGAN: Can we approach the bench?
THE COURT: Yes.
(At the bench)
MR. GROGAN: I'm going to be offering
these. I'm going to go ahead and ask to make copies.
MR. BROOKS: Judge, there's highlighting.
He didn't do it. I know he didn't do it. And so there's
things written on them that are not his.
MR. GROGAN: What I could do is when we
take a break, I can fix these and offer them before I
pass him.
THE COURT: He's laid the proper predicate
for everything but the highlighting. So he could redact
them.
Do you want to do that now?
MR. BROOKS: We could do an early lunch
from 11:30 to 12:30 and make copies then.
MR. GROGAN: That's fine. Is that okay
with you, Judge?
THE COURT: That's fine.
(Counsel returned to counsel tables)
THE COURT: Folks, we've come to a point in
the proceedings where it might make sense to take an
early lunch today. So we're going to ask you to go ahead
and be excused. We're going to have you come back at
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12:30, and we'll try to start as soon thereafter as
possible.
I remind you not to discuss the case
amongst yourselves or with anyone else or allow anyone to
discuss it with you or in your hearing. Please do not
consume alcoholic beverages during your lunch. You
laugh, but that's an instruction we have to give now,
folks. We'll see y'all back after lunch. Thank you.
THE BAILIFF: All rise for the jury.
(Recess)
THE COURT: Back on the record in Briscoe.
Mr. Grogan, anything else to take up before
we bring the jury back out?
MR. GROGAN: No. Just so Court knows, I've
provided Mr. Brooks redacted versions of 9, 10, 11, 12.
I made 13 copies for the jury. I'm going to ask to
publish them.
THE COURT: Okay. And to be clear, the
redactions are the handwritten notations made?
MR. GROGAN: Yes, Your Honor, and some
highlighted things.
THE COURT: Mr. Brooks, you've had a chance
to see those. Anything you want to take up now?
MR. BROOKS: No, Judge.
THE COURT: All right. Let's bring the
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jury back out.
THE BAILIFF: Yes, Your Honor.
All rise for the jury.
(Jury entered the courtroom)
THE COURT: All right. Thanks. You may be
seated.
Welcome back, ladies and gentlemen. We are
ready to proceed.
Mr. Grogan, sir, when you're ready.
MR. GROGAN: The State moves to offer into
evidence what's been previously marked as State's
Exhibits 9, 10, 11, and 12.
MR. BROOKS: Judge, no objection.
THE COURT: State's 9, 10, 11, and 12 are
admitted at this time.
MR. GROGAN: In a minute, I'm going to ask
permission to publish all four to the jury.
May I approach the witness, Your Honor?
THE COURT: Yes.
MR. BROOKS: Can we approach?
THE COURT: Yes.
(At the bench)
MR. BROOKS: Judge, 9, 10, 11, and 12,
they're marked. They've been talked about. Those are
the highlighted versions. Maybe these need to be 9A --
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THE COURT: You're right. You need to go
back and do that.
(Counsel returned to counsel table)
THE COURT: Mr. Grogan.
MR. GROGAN: State withdraws offering 9,
10, 11, and 12, and instead will offer State's Exhibit
9A, 10A, 11A, and 12A.
THE COURT: For the purpose of the record,
9, 10, 11, and 12 have been withdrawn. Instead, 9A, 10A,
11A, and 12A have been offered.
MR. BROOKS: No objection.
THE COURT: Thank you. They're admitted.
(State's Exhibits 9A, 10A, 11A, and 12A
admitted)
MR. GROGAN: For purpose of the record, the
State had made copies. On the copied versions, they just
reflect 9, 10, 11, and 12. Do I need to go through all
13 copies to put 9A, et cetera.
THE COURT: These are copies that will be
collected.
Ladies and gentlemen of the jury, I'm going
to instruct you that the copies that you receive here in
a moment to look at, much like we did this morning,
they're going to be collecting back from you. Those will
indicate that they are 9, 10, 11, and 12. Instead, you
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should consider those as Exhibits 9A, 10A, 11A, and 12A.
MR. GROGAN: Thank you, Your Honor.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) Mr. Campbell, before the jury
looks at some of these exhibits, I want to ask you a few
questions about them.
A Yes, sir.
Q On the one that's now been introduced into
evidence as 9A, is that the specific one you've already
testified about involving Mr. Fowler?
A Yes, sir.
Q Exhibit No. 10 --
THE COURT: A.
Q (BY MR. GROGAN) -- Exhibit 10A, what was the
significance of the attachments that Mr. Briscoe put to
that email for you?
A The business plan and spreadsheets. And it
showed all the assets of Coyote Crossing and what I was
buying into.
Q And so you said that it showed equipment. Did
it list it all out?
A Yes, sir, everything down to a screwdriver,
nearly. He had all kinds of documentation on it.
Q Did Mr. Briscoe tell you he put this list
together?
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A I assume he did. I don't know if he put it
together or not. He emailed it to --
MR. BROOKS: Judge, I'm going to object as
nonresponsive.
THE COURT: Sustained, after "I assume that
he did," because -- again, that's speculation on his
part. I'll sustain to the entire answer.
MR. BROOKS: I ask the jury to be
instructed to disregard.
THE COURT: Ladies and gentlemen, you are
instructed to disregard the witness's last answer and not
to consider it, refer to it in your deliberations.
Mr. Grogan.
Q (BY MR. GROGAN) Mr. Campbell, does he also set
out values on this inventory equipment list for all these
items?
A Yes, sir, he does.
Q And did this lead to your ultimate decision a
few days later to make the investment?
A Yes, sir.
Q Did you go out, once you were provided this list
on February 10th, to go inspect Coyote Crossing Ranch to
verify that all this equipment was out there?
A No, sir.
Q And then State's Exhibit No. 11A, what was the
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significance of the attachment that Mr. Briscoe attached
to that email for you?
A Well, this was the letter from Hope 4 Today
Foundation that -- it was a letter saying that they had
the $5 million to purchase the ranch.
Q Was that the $5 million that Mr. Briscoe
referred to in State's Exhibit 9A?
A Yes, sir.
Q Did you follow up from the date you got the
email on February 10th to the date you made the
investment, February 14th, with this company, Premier
Group Capital?
A No, sir.
Q And then State's Exhibit 12A, what was the
significance of the attached executed contract, if any
significance?
A Oh, this was the contract for the sale of the --
to Hope 4 Today, the contract that they were signing to
purchase it.
Q And what's the date that's on that contract?
A It is 12/15 of 2010.
Q And will you go to page 13 of 13 in that
contract?
A Yes, sir.
Q Who does it say is the seller on this
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contract?
A Elizabeth Briscoe.
Q What does it say her title was, as far as the
relationship to this contract?
A Principal partner.
Q Of what?
A Coyote Crossing Ranch principal partner,
Elizabeth Suzanne Briscoe.
Q Who does it say the buyer is going to be on this
property?
A Linda Sue Warren, executive director of Hope 4
Today.
Q And above that on the same page, when does it
say this buyer's offer has to be executed by?
A December 28, 2010, at 5:00 p.m.
Q Did you ask any questions of George Briscoe
about why his wife's signature is listed as the seller on
this purchase contract?
A No, sir.
Q I want to make sure. Did Elizabeth Briscoe at
any time from February 10th up until this date -- well,
going back to December 15th of 2010, up until the date of
February 14th of 2011, did she make any representations
about the ranch?
A No, sir.
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Q And then go to the very last page of Exhibit
12A. What was that document used for, for your
purposes?
A To know what we were investing into. It said
the total equipment value on the ranch is $230,300.
Q Does it give a date on when that value was being
determined?
A 2/1 of 2010.
Q Did you compare the items listed on there and
their values on that sheet to the document we referred to
a minute ago, the one that George sent to you with the
financial values of the equipment?
A No, sir. I did not compare them.
MR. GROGAN: Your Honor, ask permission to
publish State's Exhibits 9A, 10A, 11A, and 12A to the
jury.
THE COURT: Yes, sir.
(Long pause)
MR. GROGAN: Your Honor, State passes the
witness.
THE COURT: Mr. Brooks.
CROSS-EXAMINATION
BY MR. BROOKS:
Q Mr. Campbell, I'm going to ask you some
questions. If you don't understand it, let me know. If
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you don't know, let me know. How is that?
A Yes, sir.
Q Thank you very much.
Now, let's talk about -- as we go through
this process, you were forwarding these emails on to your
mother; is that right?
A Yes.
Q And these emails are all done in the February
range, 2011; correct?
A Yes.
Q And as you've already told Mr. Grogan, you had,
I guess at some point, done all you were doing for them
in April of 2011, correct?
A Around that time, yes.
Q Now, then, when you got these documents at that
point, did you read them before you forwarded them on to
your mom?
A I read over them, yes.
Q Okay. And if you had had a question about any
of them, you would have been able to ask somebody or talk
to somebody about them, right?
A Yes.
Q When you read over these and forwarded them on
to your mother, did you talk to her about the documents
that were attached?
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A I just took her judgment.
Q I understand. So you say you took her judgment.
So, yes, you did discuss it with her?
A Yes.
Q And so the ultimate decision then for you to put
in the money that you talked about in the agreement -- I
think it's in 13 maybe, whatever that -- you carried
around in the console of your truck -- you did that based
upon her judgment, right?
A Yes.
Q And as you went through that process, I noted in
looking at that particular exhibit, it doesn't say that
you did $5,000 worth of work and you donated your daddy's
truck in that agreement. It doesn't say that, does it?
A Not in that agreement, no, sir.
Q You understood that's what Mr. Grogan asked this
morning, is, you know, was that part of that agreement?
You said, yeah, it states that in there, the $5,000 worth
of work and the transferring of the pickup truck. What
that agreement actually says is that you put $25,000 in
and made a $15,000 donation, is what it says, right?
A Yes.
Q Now, you read and write the English language?
A Sir?
Q You read and write the English language, sir?
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A Yes.
Q And you would have read that document before you
signed it, correct?
A Yes.
Q And you understood at that point in time what
the word "donation" meant, right?
A Yes.
Q Did you mark out that word and ask for a
different word to be put in there?
A No, sir.
Q Now, that particular agreement, when it was
signed -- when was this signed?
A I believe February the 14th.
Q February the 14th. And that's kind of
coinciding with all these emails, right?
A Yes.
MR. BROOKS: Your Honor, may I just pick up
-- so I don't have to take it from him, may I borrow --
THE COURT: Yes, sir. I'm sorry. Go
ahead, Mr. Brooks, if they're still there.
MR. BROOKS: They're here.
Q (BY MR. BROOKS) And Mr. Campbell, if I have a
copy and you have a copy, that'll help you so you'll be
able to read and look, right?
A Yes, sir.
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Q If you ever need a chance to look down at
something or review it, kind of let me know. Okay?
A Yes, sir.
Q Now, the particular exhibits that we have: 9A,
10A, 11A, 12A that you're looking at, are they actually
in chronological order, so if I'm looking at 9A, that's
the first communication going back and forth and 12A is
the last, or are they mixed up?
A I believe they're in order.
Q Okay. So if you look at 9A, this is a forwarded
message, it says at the top. So this is something that,
I guess, your mom saved, right?
A Yeah. She saved it. I've also got copies of
them on my computer too.
Q Now, of course, now -- Mr. Fowler -- you
remember when Mr. Fowler left, right?
A Yes, sir.
Q And when you look at that first email dated
February 11, 2011, it's talking about Mr. Fowler and his
10 percent interest and stake in that and having him
be -- I guess, somewhat forced out of the business,
right?
A Yes.
Q And did you ever discuss or try to contact Mr.
Fowler to found out why he needed to be forced out of the
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business?
A George told me that he had to leave because of
the wildlife violations of the dove hunting trip the year
before.
Q I'm sorry. My question, did you ever contact --
A No, sir.
Q -- Mr. Fowler --
A No.
Q -- to see what he thought about getting forced
out of the business?
A No, sir.
Q Now, when you read that email, it says that
you're going to get a $5,000 charitable receipt for the
work that you've done at the ranch, right?
A Yes.
Q Did you deduct that from the IRS --
A Yes, sir, I did.
Q So that was reduced off your income for, I
guess, 2010, right? Did you get the receipt for '10 or
for '11?
A For '11, sir.
Q For '11. Okay. Now, it talks about value of
the truck. It talks about a charitable receipt, again,
for $10,000. And then you get to use it as part of your
-- part of getting into that. Did you take a deduction
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for the truck for charitable donations?
A No.
Q Is that because you couldn't at that point, you
had already taken too large a one with the other 5,000?
A That and also, I gave that one to my mom,
because it was my dad's truck. And she -- we paid it
off, or she did when he passed away.
Q So she took -- to your knowledge, she took the
$10,000 deduction?
A I don't know if she did or not.
Q All right. Now, then, and then it goes on to
talk about that -- we paid 3.6, profit would be 1.4,
which you get 140,000. That's what you were looking to
get back, right?
A Yes, sir.
Q Okay. Now, that one goes back. And did you
send some email or communication back to Mr. Briscoe at
that point saying, hey, you know, I need some more
information about this?
A No, sir. I believe I contacted him on the phone
or he called me.
Q That's at 3:48, it shows, that he is sending
that to you on February 11th, right?
A Yes, sir.
Q So then you talked to him on the phone?
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A Yes, sir.
Q The next one on February 11th is at 4:34, almost
an hour later; is that right?
A Yes, sir.
Q At that particular point, it seems this, once
more, is an email that's going from you to your mother,
being forwarded, right?
A Yes, sir.
Q Now, I think if you look at that particular
message that's up at the top going from George Briscoe to
Jayson Campbell, it says, "justification of a loan."
Now, you weren't making any loan, were you?
A No, sir.
Q Your mom wasn't making any loan?
A No, sir. We were buying, we thought.
Q You look at that, and it says, this is
justification for the loan. So I guess when you saw
that, you immediately picked up the phone and or sent a
message back to Mr. Briscoe, what does this mean, some
kind of justification for a loan?
A No. He told me on a conversation before that he
was going to send in all the information he had on the
ranch, what the ranch's values were, and everything else,
to show what we're buying into.
Q Well, when you read that down there in that
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message that he sent you, "attached is the business plan
and the spreadsheet to support. You will find the
equipment schedules and the justification for the size of
the loan."
That's actually in the message, that's
talking again about a loan being out someplace, right?
A I guess.
Q Well, do you understand --
A I'm not a lawyer, sir.
Q Well, when you saw the word "loan," you weren't
questioning, what's the loan about?
A He told me that the Hope 4 Today was buying it
from him, which he was Hope 4 Today, and that the loan
was the Hope 4 Today people, which is, in turn, him
paying himself for it.
MR. BROOKS: Judge, I'm going to object.
That's nonresponsive.
THE COURT: Sustained.
MR. BROOKS: I ask that the jury be
instructed to disregard that.
THE COURT: Ladies and gentlemen, you're
instructed to disregard the witness's last answer. You
may not consider it in your deliberations or refer to it
or discuss it.
Yes, sir.
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Q (BY MR. BROOKS) Now, Mr. Campbell, you
understand what the word "loan" means, right?
A Yes, sir.
Q But yet, when you saw that word in this email
that you then forwarded it to your mother -- because this
email is not to your mom, is it; it's addressed to you?
A It's addressed to me, yes.
Q It talks about justification for the loan. You
did not at that point send back a message, pick up the
phone and say, hey, let's talk about what kind of loan
we're talking about here? You didn't do that, did you?
A No, sir.
Q So what you're telling this jury is, is that
these conversations that were going on between you and
Mr. Briscoe, I guess by phone -- did you record those
conversations?
A No, sir. I trusted the man. Why should I
record it?
MR. BROOKS: I'm going to object as
nonresponsive after, "no, sir."
THE COURT: Sustained.
Q (BY MR. BROOKS) Now, then, did you make any
notes at the time you were having this conversation?
A Probably not.
Q Let's go on to No. 11A. And when we look at
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that one -- and I'm trying to make sure. That's why I
ask. This one says -- this is a message from -- at 4:33,
do you see that?
A Uh-huh.
Q Okay. That's on 11A. All right. And then when
you get 10A, it's at 4:34. So when you told us they were
in sequence, that one just kind of got out of place,
there?
A I guess.
Q So 11A goes before 10A, right --
A Yes.
Q -- in the sequence of events?
So lets back up here and talk about 11A.
This is a message that comes in to you. It talks about,
"Subject: Conditional preapproval." That's the subject
up there, the message from Mr. Briscoe to you, right?
A Yes.
Q Okay. Now, when you get on down there into the
body of this, it says, "Jayson, here is the preapproval
letter based on the value. We are set to close in
mid-March."
You look at the letter that was attached
from this -- I guess some guy named Quincy McKnight that
was sent to you, right?
A Yes.
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Q And when you look at the attachment that was
there, it doesn't really have a date on it or anything,
does it?
A Yes, it does, 12/13/2010. It's in the subject.
Q On the attachment?
A Yes, sir.
Q Well, it says, "as of 12/13, you have a
preapproval for funding request."
It doesn't say the date of this letter,
though, does it?
A No, sir.
Q And when you got that and you're reading that
about this preapproval and you're looking at some
executive summary and sales income, you didn't pick up
the phone and talk to Mr. Briscoe then and say, hey,
let's talk about that; what does this mean? You didn't
do that, did you?
A No.
Q Then within a minute, you get the next one, 10A
comes in to you. Again, it's talking about a loan and
all that, right?
A Yes, sir.
Q Okay. Now, at this point on February the 11th,
2011, you were operating your own business; is that
right, Mr. Campbell?
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A Yes, sir.
Q How long at that point had you been operating
your own business?
A Probably three, four years.
Q And you were working for the school district at
that time?
A Yes, sir.
Q Okay. And were you making any other investments
out there, buying stocks, bonds, or anything?
A A few.
Q When you say "a few," I don't want to know who
and what they are. But what's a few to you?
A I got a few stocks. That's it.
Q Okay.
A And my mom makes them for me. I just give her
money to invest.
Q In other words, again, you're relying on the
judgment of your mother?
A Yes.
Q And when you're looking at this, you were
relying on the judgment of your mother?
A Yes.
Q Now, let's go to 12A. And now, when you look at
this in February, it says, "attached hereto is an
executed contract dated in December for the purchase of
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the ranch." Okay?
Now, when you look at that and as you go
through this again, it brings up Mr. McKnight. You get
to talking to him about we hope this transaction and
everything can all come up. And that's all well and
good, because, you know, you say, well, maybe something
is going to get sold here, right?
A Correct.
Q Now, as you go through the contract, though --
and I think Mr. Grogan kind of pointed it out -- do you
remember talking to him about that last page of the
contract?
A Yes.
Q And it had on there about some kind of date when
this all expires or something is supposed to be happening
by December 28, 2010. Do you remember reading that for
him?
A Yes.
Q Well, you read this before you forwarded it on
to your mom, right?
A No.
Q You didn't read that?
A I just forwarded it on to her.
Q So you forwarded it on to her. Of course, that
contract would say is, is you've got to have all this
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done by December 28, 2010, or all this deal expires.
Isn't that what that says?
A I believe so, yes.
Q Well, did Mr. Briscoe -- when he sent this to
you, did he tell you, hey, don't read this; don't look at
this? He just forwarded it to you and said, this is some
of the paperwork of what we're trying to accomplish,
right?
A Yes.
Q Now, if you look on that -- and the one I have
has got a fax number, December 15th, 2010, 3:04 p.m., at
the very top, page 31. Do you see that?
A Yes.
Q Okay. At the bottom, it says, "page 11 of 13."
A Yes.
Q And I guess my real question is, is that this
fax of December 15, 2010, I guess that would have been
how Mr. -- somebody else had that fax number; that's not
where you're faxing it to somebody, right?
A No. That's not my fax.
Q Now, if you look at that, "24: Riders or
special terms and conditions: This sale is contingent
upon funding provided by the Premier Group Capital and
the closing of the purchase option in the lease agreement
stated and identified as the property called Coyote
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Crossing Ranch."
That's right there on page 11 of 13, right?
A Yes, sir.
Q So when you looked at that, you would have
thought, well, there's a lease-purchase option going on
here someplace; what is this about? Did you ask George
Briscoe about, what is this lease-purchase option
thing?
A No.
Q You didn't even read this document, did you?
A No.
Q So in reality, any moneys that you would have
invested, Mr. Campbell, is not based upon your reading of
any of these four exhibits, but basically you forwarded
it on to your mom, and based on your mom's judgment, you
decided to spend the money, right?
A That, and my trust in George.
Q Now, your mom didn't -- as far as you know, when
you had your conversation about her best judgment, you
never had any concern or idea or thought about any of
those things we just talked about, the lease-purchase,
the contingent part of this, preconditional language
being approved, you never even kind of thought, what does
any of all this mean, did you?
A Nope.
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Q Now, that's all in February when you put your
money in. Now, you haven't sued Mr. Briscoe over the
money, have you, that you invested or put in for the
purpose of your 10 percent ownership interest that you
would have gotten?
A No.
Q You haven't filed any charges for that money
that you put in there, have you?
A Not yet.
Q Well, I mean, it's been since 2011. Here we are
six years later, right?
A Yep.
Q Now, then, let's go forward, and let's talk
about June. Because in June is when you start talking
about buying a Bobcat, right?
A Yes.
Q But now, we know in April you're Googling
things, and you told Mr. Grogan that's when you start
getting your mind in a different place, correct?
A That wasn't April. It was after June.
Q Well, you told this jury this morning that it
was April. Do you remember your sworn testimony to
that?
A Yes. You remember it's been six or seven years
ago, too.
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MR. BROOKS: Judge, I'm going to object.
It's nonresponsive.
THE COURT: After "yes," sustained.
MR. GROGAN: Your Honor, I'm going to
object. That was a misstatement of his testimony he gave
earlier. I don't believe he testified his mind was in a
different place in April. The only thing he said about
April was that he starting Google searching stuff.
THE COURT: That's correct. Although I --
Well --
MR. BROOKS: Judge, I think he started
saying he had different ideas and thoughts.
THE COURT: After the Google search.
MR. BROOKS: After the Google search.
THE COURT: Go ahead, Mr. Brooks.
Q (BY MR. BROOKS) But now, of course, as we look
at this -- well, during the break, did you have a chance
to talk to Mr. Grogan about what's gone on so far?
A No, sir.
Q Did you get a chance to think about, well, wait
a minute; I'm talking about April I'm doing this Google
search, but in June I'm handing out $13,500? Did you
start thinking about that?
A Yes. That's when I realized that I said June
was -- I mean, it wasn't April. It was there in June.
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It was after the 13,000.
Q Because that won't work with this jury, will it,
if you start saying in April something has happened, and
now you say -- now in June I'm saying I'm going to do a
deal with a Bobcat. That won't work with this jury, will
it, Mr. Campbell?
A The thing about it is --
MR. GROGAN: Your Honor --
(All talking at once)
THE COURT: Hold on. Wait. Stop.
MR. GROGAN: Judge, he's testifying.
THE COURT: Sustained.
Next question.
Q (BY MR. BROOKS) Now, Mr. Campbell, let's talk
about June 24, 2011.
MR. GROGAN: Your Honor, I ask the jury to
disregard that comment and it be struck from the record.
THE COURT: Ladies and gentlemen, first of
all --
MR. BROOKS: It's not --
THE COURT: -- I remind you that questions
of the attorneys are not evidence. And you're not to
consider that in any way.
Go ahead, Mr. Brooks.
Q (BY MR. BROOKS) Now, then, let's talk about
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June 24th, Mr. Campbell. Do you remember that time
period a little better?
A Little bit.
Q All right. Now, then, on June 24, where were
you at on that day?
A I was probably in Commerce, Texas.
Q Well, probably. Well, where were you? Do you
know?
A I was giving George a check for 10,000 and 3,000
cash. He met me at my bank, Guaranty Bond Bank, in
Commerce when I signed the check and handed it to him,
because he said he had to have it right then.
Q So you were in Commerce, Texas?
A Yes, sir.
Q And so you handed over $3,000 in cash or 3500?
A 3,000.
Q And when you handed that over, at that
particular point, y'all were at the bank. And that was
deposited? Did you see it deposited or get cashed, or
did you see anything --
A That was my bank. That's where he met me at. I
don't know where he went. He went to Chase Bank, I
believe.
Q So at that point, you handed him a check and
$3,000 in cash?
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A Yes, sir.
Q Okay. And when that happened, I guess that's
when you were handed documents back there at the bank?
A No. I got the documents later on that evening
when I picked up the Bobcat.
Q So in other words, when you handed over the
money, the check and the cash, you didn't get any
paperwork at all?
A Not at that moment, no.
Q Okay. And prior to that, Mr. Briscoe hadn't
given you any kind of written applications or paperwork
or anything for that Bobcat, had he?
A No.
Q In fact, prior to that, as far as that
transaction, the selling of that Bobcat going back and
forth, when you did that, the document that you got later
that talks about your buying a 10 percent interest -- or
excuse me -- a 50 percent interest, right?
A Correct.
Q Now, at that point, when you did that -- and
which exhibit is that? Is that 3 or 4? Do you remember?
A I don't remember.
Q Okay. But the exhibit that you've seen, that is
the only document that you got that talks about your
getting a 50 percent interest in the vehicle, right?
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A I believe my partner that went in with me got
the other 50 percent.
MR. BROOKS: I'm going to object as
nonresponsive.
THE COURT: Sustained.
MR. BROOKS: Judge, may I approach the
witness?
THE COURT: Yes.
Q (BY MR. BROOKS) Let me hand you what's been
marked as State's Exhibit 4 and State's Exhibit No. 7.
Mr. Campbell, take those.
A All right.
Q State's Exhibit No. 4, in looking at that, is
that a bill of sale, a receipt?
A Yes, sir.
Q Okay. And when you look at that bill of sale,
it talks about it's a price, one-half interest of
$10,000, right?
A Yes.
Q There's no serial number or anything listed on
that, right?
A No.
Q It doesn't say this is a loan, does it?
A No.
Q Doesn't -- what it does say is that you and Mr.
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Briscoe agree that he has the option at that point to buy
back the equipment within 90 days at the rate of 5
percent per month. That's what it says?
A Yes.
Q It doesn't say in 90 days he's going to get it
back or he's going to pay you 5 percent interest. It
doesn't say anything like that, does it?
A No.
Q It wasn't about a loan right then. You would
get interest in that dadgum Bobcat, right?
A Yes.
Q It wasn't to get credit from you or anything,
was it?
A No.
Q Now, in actuality, the $3,000 that you paid or
gave to Mr. Briscoe, you actually paid that two days
before that, didn't you?
A I might have. I don't remember. I know I gave
him cash.
Q Do you have a copy of that receipt?
A No.
Q Have you seen a copy?
A No. There wasn't one.
Q If you were to see it, might that refresh your
recollection?
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A Yes.
MR. BROOKS: May I approach?
THE COURT: Yes, sir.
Q (BY MR. BROOKS) Have a look at that. In
looking at this document, does that help refresh your
memory about what might have happened?
A Yep.
Q Okay. So in reality, what happened, sir, is
that $3,000 was two days before, right?
A Right.
Q And on that particular time, it doesn't say
anything about cash or anything, does it?
A No.
Q And it talks about that you received a partial
ownership in some equipment, right?
A Yes.
Q The Bobcat, right?
A Yes.
Q It doesn't say how much or what or anything like
that, does it?
A Right.
Q Now, it also says that's on Coyote Ranch,
right?
A Yes.
Q And that -- again, that's not a loan or that's
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not credit or anything else, is it?
A No.
Q And that whole transaction involving that Bobcat
was never about credit, was it?
A No.
Q Now, the $10,000 check that's State's Exhibit 7,
that's written on Progressive Heat & Air?
A Yes.
Q It's got Bobcat in there, right?
A Yes, sir.
Q And that's your partner in that business, is Mr.
Powell?
A No.
Q Do you have a partner in that business?
A I'm sole --
Q You're the sole owner and proprietor of --
A Progressive Heat & Air.
Q So what we see is $3,000 is paid by you?
A Yes.
Q And we see a $10,000 check from Progressive Heat
& Air?
A Yes.
Q For the 50 percent interest in the Bobcat?
A Yes.
Q Okay. Now, that means that somebody else still
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owns 50 percent of the Bobcat, right?
A Yes.
Q And your understanding as of June 24th, 2011,
was that's the Coyote Ranch folks, right?
A Yes.
Q Okay. Now, this other check that we see that
comes in a State's exhibit that's right there with you,
that dealt with the $10,000 by Mr. Briscoe?
A Yes, sir.
Q Do you remember telling the investigator,
Constable Pierce, that that was put up as collateral? Do
you remember telling him that?
A That was --
Q So if someone is a part owner, do you think you
can require them to put up collateral for something?
A I don't know. I ain't a lawyer.
Q But you thought you could put up -- have him put
up collateral? Because if somebody said, hey, I want the
Bobcat back out at the ranch and they're half owner,
wouldn't they have just as much right to use it as you
would?
A Yes.
Q Now, you talk about a partner.
A Yes.
Q Do you have any documents to evidence that you
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sold some interest in this Bobcat to a partner?
A No.
Q Did you have a partner besides Coyote Ranch in
the Bobcat?
A Yes.
Q Mr. Powell?
A Yes.
Q And when did Mr. Powell acquire his ownership
interest?
A Same time I did.
Q Okay. Well, he doesn't own part of Progressive
Heat & Air?
A No.
Q He doesn't work for the people at the dadgum
school, right?
A No.
Q So is it his $3,000?
A No.
Q It was your $3,000?
A Yes.
MR. BROOKS: Judge, I pass the witness.
THE COURT: Mr. Grogan.
MR. GROGAN: Yes, Your Honor.
REDIRECT EXAMINATION
BY MR. GROGAN:
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Q Mr. Campbell, let's pick up at the very end.
Where you're from in the county, do you need to have a
written contract between you and a friend like Mr. Powell
to give him any interest in property?
A No, been my neighbor for 40 years.
Q Now, you said you're not a lawyer. Did you
think about for something like that that you might want
to go see a lawyer to draft the documents?
A I trusted George at the time.
Q I'm talking about Mr. Powell.
A Oh, no. No.
Q Mr. Brooks was talking to you about your
interpretation of that document, State's Exhibit No. 4.
Do you have any financial background?
A No.
Q You've already told the jury several times that
you relied upon your mother for judgment. Did you ask
her about any judgment on this specific transaction on
the Bobcat?
A No.
Q What did it mean to you if it was a buy-back
option of 90 days to Mr. Briscoe in this transaction?
A That George wanted a chance to get it back. He
needed $13,000 for something. And he said, but I don't
really want to get rid of the Bobcat, because we need it
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out here on the ranch. I want to be able to get it back.
MR. BROOKS: Judge, I'm going to object. I
don't think that's responsive. Question was, what does
he think, not what George said.
THE COURT: Sustained as to what George
said.
Q (BY MR. GROGAN) What did you think about the
90-day buy-back option, not what George said?
A I didn't think he would ever come up with the
money to buy it back.
Q If he did, what would you have done with the
Bobcat?
A Gave it back to him.
Q And what would you call that situation if you
return something to somebody while you were holding onto
it?
A What now?
Q What's the term that you use, just common -- not
a legal term. If you hold onto something temporarily and
somebody gets it back in a certain period, what would you
call you being in possession of that?
MR. BROOKS: Judge, I'm going to object.
That's going to be speculation --
THE COURT: Overruled. He's just asking
what he would call it.
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Go ahead.
A A loan.
Q (BY MR. GROGAN) A loan?
A Yes.
Q Now, let me ask you about -- all of these things
Mr. Brooks asked about recording phone calls, taking any
notes, you weren't allowed to give your full response.
What was the reason why you didn't take notes or record
phone calls?
MR. BROOKS: Judge, I'm going to object to
the sidebar.
THE COURT: Sustained as to sidebar.
MR. BROOKS: Judge, I'm going to ask you to
instruct Mr. Grogan --
MR. GROGAN: Your Honor, I don't believe
that's sidebar.
THE COURT: Okay. You both are putting a
lot of facts into your questions, which is fine. You
just have to make sure they hit the spot, and they can't
be a comment on the evidence.
I sustained the objection. Ask your
question again.
Q (BY MR. GROGAN) What's the reason --
MR. GROGAN: Thank you, Your Honor.
Q (BY MR. GROGAN) What's the reason why you
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didn't record his phone calls or take any notes any time
from January of 2011 up until -- well, up until, for
sure, April of 2011?
A I trusted the man.
Q I want to give you an opportunity. Did we talk
at lunch?
A No.
Q Now that you've thought about it some more, is
April of 2011 when you started Googling VPW to find out
who they were?
A No. It was after he left during the middle of
the night. And I went out there, and he was gone from
the ranch. I met Mr. Clete, and he told me to go and
look it all up, and I did.
MR. BROOKS: Judge, I'm going to object to
anything somebody else said.
THE COURT: Sustained as to hearsay.
Q (BY MR. GROGAN) So you just misspoke earlier,
right?
A Yes.
Q Mr. Brooks was asking you about No. 4 and what
it meant to you, as far as 50 percent ownership and would
that mean somebody else was a 50 percent owner. And he
mentioned Coyote Crossing Ranch. What at that point did
Coyote Ranch mean to you?
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A I was an investor in it.
Q Who did you believe was Coyote Crossing Ranch?
A George Briscoe.
Q What about Clete Aycox?
A Never knew him at that time.
Q So at that point did you have any reason to
believe when that document was executed in June of --
MR. GROGAN: Your Honor, can I approach the
witness?
THE COURT: Yes.
Q (BY MR. GROGAN) In State's Exhibit No. 4, in
June of 2011, when this says 50 percent ownership
interest with somebody else, who do you believe that is?
A Charles Powell.
Q So the Bill of Sale, No. 4, that George Briscoe
and you entered into, you believed that Charles Powell
was reflected to be the other person who was a 50 percent
owner on the Bobcat?
A Yes.
Q Were there discussions between you and George
outside of a document to make you believe that?
A Yeah. I told him me and Charles were going in
partners on it because I couldn't afford the whole thing
myself to get the 13,000 he needed. So he wrote up two
of these, and Charles should have one.
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Q Okay. So you're saying there were two bill of
sales. One was 50 percent to you, and one was 50 percent
to Mr. Powell?
A Correct.
Q And the conveyor in this transaction was Coyote
Crossing Ranch, who you believed was the defendant?
A Yes.
MR. GROGAN: I pass the witness.
RECROSS-EXAMINATION
BY MR. BROOKS:
Q So your testimony here today now is that there's
two bill of sales out there someplace?
A There should be. This is half of it, and the
other half, Mr. Powell got it.
Q I'm sorry. You still see Mr. Powell, don't you?
A Every day. He's my neighbor.
Q You talk to him, don't you?
A Once every so often when I'm at the mailbox or
something.
Q You talk to him about this Bobcat, don't you?
A We hadn't talked about this Bobcat until we
found out we were supposed to be over here at the trial.
We actually brought it up when we were supposed to be
here at the trial the last time in October. It got
postponed.
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Q Now, then, have you ever told anybody, other
than before right here today, that there's a second bill
of sale somewhere?
A He knows I got one and he got one.
MR. BROOKS: Objection, nonresponsive.
THE COURT: Sustained, sir. Listen to the
question.
Q (BY MR. BROOKS) I'm sorry, Mr. Campbell. Have
you ever told anybody prior to today that there's a
second bill of sale someplace?
A No. I never thought about it.
Q And Mr. Grogan asked you some questions about,
you know, this 90 days. That's an option that Mr.
Briscoe or somebody had for 90 days to get the property
back, right?
A Correct.
Q They don't have to do it, do they?
A They don't have to.
Q So there's not anything that's in there that
says you got to make monthly payments or anything like
that, right?
A Correct.
Q So you really weren't thinking about it as it's
a loan or credit, were you?
A No.
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Q You thought, I bought this Bobcat?
A I thought I'd eventually end up with it, yes.
Q And there's no written documents that were ever
provided to you or given to you to make you spend that
money, was there?
A No.
MR. BROOKS: Pass the witness.
MR. GROGAN: I don't have any further
questions.
THE COURT: All right, sir. You may step
down. I ask you to leave those with the court reporter
right there in front of you.
Sir, I'm going to remind you that your
further testimony may be needed. I ask you to leave a
phone number with the District Attorney in case it is. I
remind you to stay under the Rule that I placed you under
not to discuss the case with anyone, other than the
attorneys in this case. All right. Thank you, sir.
You're excused.
THE WITNESS: Thank you.
THE COURT: All right. Mr. Grogan.
MR. GROGAN: The State will call Mr.
Charles Powell.
THE COURT: Mr. Powell, please, Daniel.
THE BAILIFF: Yes, Your Honor,
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THE COURT: Folks, I should have asked.
Does anyone need a break?
(Witness entered the courtroom)
THE COURT: Let's take our break now.
We'll come back with Mr. Powell in just a minute.
Mr. Powell, just have a seat right over
here, please.
We're going to take our break, about seven
to ten minutes or so. Daniel will come get you in a few
minutes.
THE BAILIFF: All rise for the jury.
(Recess)
(Open court, defendant present, no jury)
THE COURT: Back on the record in State
versus Briscoe.
Mr. Grogan, anything before we bring the
jury back out?
MR. GROGAN: No, Your Honor.
THE COURT: Mr. Brooks, anything?
MR. BROOKS: Yes, Your Honor. May we
approach?
THE COURT: Yes, sir.
(At the bench)
MR. BROOKS: Judge, we're going to object
to any testimony by Mr. Powell. I don't think it's
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relevant or material at this point, any testimony, unless
he intends to offer testimony only as to being present in
the transaction between Mr. Campbell and Mr. Briscoe as
to the purchase of the Bobcat, actually during that
transaction.
The testimony so far is that he may or may
not have been. And I've been given to understand that he
doesn't have a second receipt that might be some type of
purchase agreement. Since we don't have that document, I
guess, as it's been represented, it can't be argued that
it's any kind of application or credit application or
written statement, because it's clearly, based upon the
testimony, something that occurred afterwards. Because
Mr. Campbell's testimony is that there was -- the
receipts were done after they picked up that particular
Bobcat.
The reason being is the indictment that
involves Mr. Campbell and the Bobcat, Judge, says -- it's
not a theft indictment. It's a loan that's about credit.
It's a written misstatement or false statement to obtain
credit.
THE COURT: Let him tell me what he thinks
he's going to testify about.
MR. GROGAN: We don't have a lot of
questions to ask, just if he had any contact concerning
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the Bobcat.
THE COURT: With Mr. Briscoe?
MR. GROGAN: With Mr. Briscoe. I believe
his answer is going to be yes to that. And then I want
to clarify -- clear up something that was left with the
jury's impression from the last witness about a second
bill of sale transaction, let them know that he doesn't
have a second bill of sale.
THE COURT: Mr. Brooks?
MR. BROOKS: As long as it's limited to
that, Judge. Do you understand?
THE COURT: Yes, I do. If Mr. Grogan's
telling me that that's what he's going to stick to, then
if you want to go into anything else, just make sure you
approach so that we don't have a big dustup.
All right. Daniel, bring them out.
THE BAILIFF: Yes, Your Honor.
All rise for the jury.
(Jury entered courtroom)
THE COURT: Thanks. Y'all may be seated.
All right. Welcome back, folks. Anybody
that says that was more than ten minutes is a liar. Just
making that announcement.
I apologize for the delay, folks. But I
think we are ready to proceed.
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(Witness entered the courtroom)
THE COURT: Mr. Grogan, you've called your
next witness.
Mr. Powell, sir, have you been previously
sworn in this matter?
THE WITNESS: No, sir.
THE COURT: If you would, raise your right
hand.
(Witness sworn)
THE COURT: Thank you, sir. A couple of
instructions, real quick. The Rule of Witnesses has been
invoked. Under that Rule, sir, I'm going to instruct you
not to return to the courtroom at any time that any other
witness is testifying, unless you're called into the
courtroom by myself or the bailiff. You cannot discuss
your testimony with anyone, other than the attorneys in
this case. You are allowed to speak to them but no one
else. So you can't talk to other witnesses or anyone
else while this case remains pending and until you are
released from the Rule.
You can't read any report of or comment on
the testimony in this case. You can't allow anyone to
discuss the case with you, again, other than the
attorneys.
Do you understand, sir?
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THE WITNESS: Yes, sir.
THE COURT: With that, Mr. Grogan.
MR. GROGAN: Thank you, Your Honor.
CHARLES WILLIAM POWELL,
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GROGAN:
Q Sir, state your name and your date of birth.
A Charles William Powell, 5/4/1953.
Q And what do you do for a living?
A I'm retired from AT&T, sir.
Q And where are you from?
A I grew up in Mesquite. I've lived in Hunt
County for 36 years.
Q Do you know Jayson Campbell?
A Yes, I do.
Q How long have you known him?
A Since he was probably 7 or 8 years old, 33, 34
years.
Q And do you know George Briscoe?
A Yes, sir.
Q How many times have you met in person a person
named George Briscoe?
A Three -- three times, I believe, sir.
Q And do you remember approximately how many years
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ago that was?
A Seven years, maybe, the first time, and then six
years.
Q And where did you first meet him at?
A He came to a party at my house with Jayson.
Q Where did you meet him on the second occasion?
A At my place whenever we discussed the Bobcat.
Q And what was the discussions between just you
and the defendant -- not Jayson, you and Mr. Briscoe
about the Bobcat?
A The discussion was that he wanted to sell the
Bobcat with the stipulation that if he could return the
money to us within 90 days, that we would let him have it
back and that during the time that we had it, that we
could use it at our will.
Q So sell the Bobcat on the condition that he
could buy it back in 90 days. What did you do then --
was anything drafted up and documents exchanged on that
second meeting you had with Mr. Briscoe?
A No, sir.
Q Any was money exchanged on that second meeting
with Mr. Briscoe?
A No, sir.
Q What's the next thing -- what's the next action
you took then after that meeting with you and Mr. Briscoe
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concerning the Bobcat?
A I went to the bank and -- I wrote Jayson a
check. I'm sorry. And he paid Mr. Briscoe the money.
MR. BROOKS: I'm going to object. Unless
there's a predicate established, it would be based upon
hearsay.
MR. GROGAN: I'll rephrase the question.
THE COURT: Go ahead.
Q (BY MR. GROGAN) Did you -- let me back up.
Because I think a minute ago I asked was there any
paperwork exchanged on the date that you met with Mr.
Briscoe about the Bobcat.
THE COURT: Just a second.
(Juror coughing)
THE COURT: Do you need to step out?
THE JUROR: If you don't mind.
THE COURT: Yes, ma'am. Go right ahead.
(Juror left the courtroom)
(Pause)
(Juror entered the courtroom)
THE COURT: Go ahead, Mr. Grogan.
MR. GROGAN: Thank you, Your Honor.
Q (BY MR. GROGAN) All right. So was there any
money exchanged at the time of that discussion about the
Bobcat between you and George?
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A No, sir.
Q Now, you mentioned about writing Jayson a
$10,000 check. When in time sequence did that actually
happen after that meeting?
A It was a few -- maybe two days.
Q And then did you see Jayson -- what he did with
your check?
A He deposited it in his account and paid Mr.
Briscoe.
MR. BROOKS: I'm going to object.
THE COURT: Sustained.
Sir, the question was, did you see what he
did with it?
THE WITNESS: No, sir.
THE COURT: All right. Thank you.
Q (BY MR. GROGAN) What's the next transaction
that you were involved in that you personally observed?
The last thing you talked about was giving Jayson a
$10,000 check. What's the next transaction that you
personally observed?
A The next transaction was we went out to Mr.
Briscoe's place and picked up the equipment, the Bobcat.
Q And on the timeline sequence, again, when is
that in relation to the writing Jayson a check?
A Just a couple of days, two or three days.
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Q Is that the first -- you said you went to pick
it up. Is that the first time you had ever been to a
place called Coyote Crossing Ranch?
A Yes.
Q And did you meet with George Briscoe on this
occasion?
A Yes, sir. He was there.
Q So by my math, that's the third time. Is that
last time you ever met with Mr. Briscoe?
A Yes, it is.
Q And you said you took possession of the Bobcat.
Where did you take the Bobcat?
A To my place of residence.
Q And was any documents or money exchanged on this
third occasion with Mr. Briscoe that you're aware of,
that you personally observed?
A No, sir, not on the purchase part.
Q I'm sorry?
A Nothing on the purchase at that point.
Q Did you get a bill of sale?
A I did not.
Q What was your agreement? What did you agree
with Jayson about the Bobcat?
MR. BROOKS: Judge, I'm going to object.
What's the relevance, what his and Mr. --
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THE COURT: What's the relevance of his
agreement with Mr. Campbell?
MR. GROGAN: Your Honor, I want to clarify
-- with Mr. Campbell, it's because of the testimony of
whether he's a 50 percent owner or not a 50 percent of
the owner in the Bobcat. I would like to know what Mr.
Powell thinks his ownership interest was in the Bobcat.
THE COURT: Yes, sir.
MR. BROOKS: Judge, Mr. Powell is not
listed in the indictment anywhere as any type of person
that my client is alleged of committing a criminal
offense with. I don't see how it's relevant and
material. There's no indication that he was present at
any conversations between Mr. Briscoe and Mr. Campbell as
to the arrangements that were made.
THE COURT: Contextually, I'll allow it,
just as the agreement between this gentleman and Mr.
Campbell.
MR. GROGAN: Thank you, Your Honor.
THE COURT: Overruled.
Go ahead.
Q (BY MR. GROGAN) So what did you think your
ownership interest in this Bobcat, that you've already
testified you gave Jayson a $10,000 check for, was at
that point when you took possession of the Bobcat?
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MR. BROOKS: Judge, I need an instruction
to the jury that it's only for contextual purposes that
they're being allowed to hear this and not for the truth
of the matter asserted. If it's for the truth of the
matter asserted, I'm going to continue my objection.
THE COURT: Overruled. Go ahead.
Q (BY MR. GROGAN) So what was the -- your belief
in the ownership of the Bobcat when you guys went to the
ranch and met George for the third time -- what did you
believe you were getting in exchange for the $10,000
check?
A Jayson and I were -- had 50/50 on the Bobcat.
Q Last question, Mr. Powell. You mentioned that
there was a stipulation discussed between you and George
at a second meeting about this 90-day buy-back. Was that
ever exercised?
A Well, it didn't -- it didn't last, I don't
think, the 90 days. And --
MR. BROOKS: Objection as nonresponsive.
THE COURT: Sustained, sir.
Listen carefully to the question.
Mr. Grogan, if you'd ask it again.
MR. GROGAN: Sure. I'll ask it a better
way.
Q (BY MR. GROGAN) I was asking if the 90-day
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exercise -- option was ever exercised. Did you make --
did something happen to the Bobcat before 90 days?
A Yes.
Q What happened with the Bobcat?
A Mr. Briscoe wanted to get the Bobcat back, had
some work -- this is what he told me.
Q I'm sorry. How did he tell you?
A In a phone conversation.
Q All right. What did he tell you in the phone
conversation?
A He needed the Bobcat back to do some dirt work
on the place for a bunch of Boy Scouts that were coming
out to the ranch. And I said, well, not unless he wrote
me a check -- wrote a check for $10,000. We'd let him
have the Bobcat back.
Q Why would you tell him in this phone call that
you're not going to give him back the Bobcat unless he
gives you $10,000?
A Because we would no longer have any collateral
for the $10,000.
Q Well, why did you think you needed collateral at
this point?
A I'm beginning to wonder if something was strange
in this deal because of the fact that --
MR. BROOKS: Judge, I'm going to object at
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this point.
THE COURT: All right. Sustained.
Q (BY MR. GROGAN) Well, just to be clear, you're
still within this 90-day period, right?
A Right.
Q How did you view the fact that he's -- you're
asking for collateral? How did you view your initial
$10,000 at that point?
A My initial $10,000 --
MR. BROOKS: Judge, I'm going to object.
That's been asked and answered.
MR. GROGAN: No, Your Honor.
THE COURT: Overruled.
Go ahead.
Q (BY MR. GROGAN) How did you view the $10,000
that was given for this Bobcat with a 90-day buy-back
option -- after this phone call from Mr. Briscoe, how did
you view your $10,000 at that point?
A I viewed it as a $10,000 investment. But the
fact that I was not going to have possession of the
Bobcat, I don't think that's a good business proposition
if you don't have any collateral and don't have your
$10,000.
Q And then did you ever get that $10,000 you
requested?
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A We got a $10,000 check from Mr. Briscoe when we
took it out. And when I took the Bobcat out there --
MR. BROOKS: Judge, I'm going to object.
He said "we." I'm going to object as to hearsay. I
don't think he received any check.
THE COURT: All right. He said, "when I
took it out there." So I assume he was there to observe
it. So I overrule the objection.
Go ahead.
Q (BY MR. GROGAN) So y'all received -- we
received a check. What happened next? You were trying
to say something happened when you got out there.
A When I took it out there, I took the Bobcat and
just the bucket. He said --
Q Who is he?
A Mr. Briscoe said that he needed the other
equipment. And I said, that's not what you asked for.
If you're doing dirt work, you just need the bucket. And
I didn't want -- I did not unload the Bobcat until he
went and got a check and wrote the check to -- actually
to Jayson, instead of myself. But that didn't -- that
didn't bother me.
Q Why did you not have any concerns that he was
writing this $10,000 check to Jayson, not yourself?
A Because I've known Jayson, and I trust Jayson.
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Q And so was that the moment when you asked for
the collateral, is when he asked for all the other
equipment to be returned?
A I just -- when he -- he didn't ever mention
bringing the equipment, just the Bobcat. And it had the
bucket on it. And I figured for doing the dirt work he
said he needed to do, that's the equipment you would
need. You wouldn't need the saw for tree trimming or
anything to do dirt work.
Q Thank you, Mr. Powell.
MR. GROGAN: I pass the witness.
THE COURT: Mr. Brooks.
CROSS-EXAMINATION
BY MR. BROOKS:
Q Mr. Powell, did you bring a copy of the check
that you gave to Jayson?
A No, I did not.
Q Did you provide that to Wayne Pierce, the
Constable over in Commerce?
A I was not asked to, sir.
MR. BROOKS: I object as nonresponsive.
THE COURT: Sustained.
Sir, the question was, did you provide it?
THE WITNESS: No, sir.
Q (BY MR. BROOKS) Did you provide a copy of that
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check to Mr. Grogan?
A No.
Q You weren't asked to, were you?
A No, sir.
Q Now, when the -- and in your understanding of
what was going on when Jayson Campbell gets possession of
this and you're out there to pick it up, it was a
purchase, right? You owned the thing, right?
A Well, after 90 days we would, if he didn't pay
us our money back.
Q Well, that document -- did you ever read the
document?
A No. I just talked to the gentleman.
Q Did you ever read the bill of sale?
A No, sir.
Q So you don't know what it says?
A No, just what the gentleman told me.
MR. BROOKS: Objection, nonresponsive.
THE COURT: Sustained.
MR. BROOKS: Pass the witness.
MR. GROGAN: I don't have any further
questions for Mr. Powell.
THE COURT: All right, sir. You may step
down. Please leave a number where you can be reached
with the District Attorney's Office in case your further
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testimony is needed. Please, sir, continue to observe
the Rule that I placed you under --
THE WITNESS: Yes, sir.
THE COURT: -- until the case is completed.
THE WITNESS: Thank you.
MR. GROGAN: Your Honor, can I check on my
next witness?
THE COURT: Yes.
MR. GROGAN: Your Honor, State calls Kathy
Campbell.
(Witness entered the courtroom)
THE COURT: Ms. Campbell, come right up
here and have a seat in the witness chair behind the
court reporter. Ma'am, go ahead and be seated.
Ma'am, let me get you to raise your right
hand, please.
(Witness sworn)
THE COURT: Thank you very much. Ma'am,
the Rule of Witnesses has been invoked in this case. And
under that Rule, I instruct you that you are not allowed
to remain in the courtroom at any time when you are not
giving testimony, unless you are called into the
courtroom by myself or the bailiff.
I also will instruct you, ma'am, that you
may not discuss your testimony with anyone, other than
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the attorneys in this case. You may not allow any other
witness to discuss their testimony with you, and you may
not allow anyone, other than the attorneys, to discuss
the case with you at all.
Ma'am, you also may not read any report of
or comment on the testimony in this case or no transcript
of the testimony.
Do you understand all of those things?
THE WITNESS: Yes, sir.
THE COURT: Thank you, ma'am.
Mr. Grogan.
MR. GROGAN: Thank you, Your Honor.
KATHY SUE CAMPBELL,
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GROGAN:
Q Ma'am, can you state your full name for the
record and where you reside?
A Kathy Sue Campbell. And I reside in Commerce,
1803 Jefferson Street.
Q How long have you resided in Commerce?
A Since 1957.
Q And do you have any children?
A Yes, sir. I have one son, Jayson Ray Campbell.
Q And what kind of relationship do you have with
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your son?
A Wonderful. He has two grandchildren -- or I
have two grandchildren through him. And he and I have a
business together in Commerce, and we're quite close.
Q The business that you're in with your son, when
did that get started, and what's it called?
A It's Campbell's Pecans, and it was started by
the Campbell family back in 1929. And I've just kind of
inherited it along the way, and I'm trying to keep it
going for my grandchildren.
Q And is that actually a business that's formally
incorporated with the State?
A I do have a EIN and all the tax numbers and all.
I'm just seasonal, just during pecan season, November,
December, January, normally.
Q What is your son's role in the Campbell's Pecans
business?
A He's not there on a day-to-day basis, but he's
on call. I do call him a lot for repair of equipment or
decisions on purchasing other equipment. He's very
helpful to me.
Q And do you and your son do investments
together?
A Together, not really. We keep things separate
investment-wise. I have my investments, and then he has
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his investments.
Q Do you remember a specific investment back in
2011?
A Yes, I do.
Q Can you tell the jury -- do you know a person
named George Briscoe?
A I do.
Q And when and how did you first meet a man named
George Briscoe?
A I met George through Jayson. Jayson is an
outdoorsman. He and George clicked real quickly. And I
met George through Jayson.
Q And when you first met him, was that in person
or phone? Or how was that first meeting?
A The first time I met George would be through a
phone call.
Q And what did George talk to you about on that
first phone call?
A He had told Jayson that he had an investment
opportunity. And one of the investors at Coyote Crossing
Ranch was needing money and was wondering if Jayson would
be interested. Jayson told him that he and his mother
might, which would be me.
And so I showed interest, and George called
to ask if I really was interested and, if so, he would
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send me the pertinent information through Jayson's email.
He had Jayson's email.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes.
Q (BY MR. GROGAN) I want to show you a few
exhibits that are in evidence that have been marked as
State's Exhibit 9A, 10A, 11A, and 12A.
A My vision is blurred. I just had glaucoma
surgery. So I hope I can see.
Q Are these some of the emails that you just
referred to that your son forwarded to you from George
that you looked at?
A Yes, sir.
Q Let me get you to focus -- let's start with
Exhibit No. 12A. When you reviewed the attached executed
contract, what did you notice, if anything, in the
contract when you were reviewing this to decide whether
to invest in this?
A I noticed the foundation that was purchasing the
property. And I did my due diligence on that, as best I
could, through the internet and looking up the different
directors and checking out the Hope 4 Today.
Q Just to be clear, let me -- at some point do you
ultimately make the investment into this business
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opportunity?
A Yes, sir, I do, for myself and for Jayson.
Q But this due diligence you just testified to,
was that done before or after you made the investment?
A Before.
Q You said you used the internet to look up Hope 4
Today. What else did you do, besides looking into
that?
A When I did find the different people that were
involved with Hope 4 Today, I did look them up. And then
also I had -- George had provided several documents
showing Hope 4 Today, you know, what they were about.
And so I reviewed all of those, and --
Q How did George provide those, in an email to
your son or in person?
A It was an attachment to an email, yes, sir.
Q And did you rely upon that information that
talked about the Hope 4 Today stuff?
A Certainly.
Q Anything else, then, about the executed contract
that you -- use your term, due diligence -- that you
looked into before making the investment?
A As far as the contract itself, of course, I read
it word for word. I was -- I had a couple of questions,
and Jayson and I discussed a couple of the things.
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Q Did you ever ask any questions of George?
A I'm sure I did, but I don't remember what they
were, sir.
Q Let me get you to turn to page -- let's start
with -- on that contract, which is State's Exhibit 12A,
start with page 13 of 13. Can you turn to that page, Ms.
Campbell?
A Just a minute.
Is it 13 of 13 of the contract? Is that
what we're looking at?
Q Yes, ma'am.
A Yes, sir. I'm there.
Q At the top do you see some dates? And if you
do, what did those dates mean to you at the time you were
reviewing this contract?
A That was one of the questions that I had. And I
was assured that this contract was still valid.
Q Who assured you that this contract was still
valid?
A George.
Q And how did he assure you?
A Just -- well -- I would just say that -- just
reiterated that -- he said this contract was still valid,
as well as the bank approval of the 5 million.
Q I just want to make sure. When you said he
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reiterated, was that in writing, phone call? How did he
reiterate to you?
A Just a phone call.
Q How many phone calls do you think you had with
George Briscoe between the first meeting until you made
the investment, phone calls?
A Two max. Most everything was email. It's just
easier to communicate that way. I was teaching full time
at the time. So I really just did this on my own time.
Q The other question, did you know, on that same
page 13 of 13, a person named Linda Warner?
A Yes. I met with Dr. Warner. And, of course, I
was aware of her through the Hope 4 Today.
MR. BROOKS: Judge, I'm going to object to
nonresponsive, after "yes."
THE COURT: Sustained.
Q (BY MR. GROGAN) Did you determine anything
about Linda Warner during this period of your due
diligence before you made the investment?
A I was so impressed with her credentials.
Q Did you -- that calls for either yes or no. Did
you look for any information on Ms. Warner before you
made the investment?
A Certainly, yes.
Q How did you go about doing that?
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A Well, I read about the Hope 4 Today. I knew all
about that. She was the director. And then I saw about,
you know, about her background. And then the information
that George provided had the Hope 4 Today, their
philosophy, as well the bio of her, of the director,
Dr. Warner, and others. And, as I said, it was very
impressive.
Q Did you ever -- did George ever tell you the
relationship between him and Ms. Warner?
A Jayson did later.
Q Did you find that out before or after you made
the investment?
A After.
Q Then I want you to turn to page 11 of 13 in that
contract. And beginning with the words, "this sale,"
read that to yourself. And tell me if you looked at that
before you made the investment?
A I'm sorry. Repeat the question.
Q The three lines that begins with "this sale" on
that page 11 of 13, did you read that before you made the
investment?
A Yes, sir.
Q And what did that mean to -- did you do anything
about that between the time that you read this until you
made the investment?
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A No. I had a copy of the letter from Premier
Group Capital saying that they were preapproved for $5
million, that Hope 4 Today was approved for $5 million --
Q Can I get you then to look at --
A -- for the purchase of -- specifically for the
purchase of Coyote Crossing Ranch.
Q Ms. Campbell, can I get you to look at what's
been introduced into evidence as State's Exhibit 11A.
And look at that, and tell me if that's the preapproval
you're referring to.
A I think there's another letter somewhere that
actually says that they are approved.
Q But specifically, the one that's in evidence,
11A, is that a document, though, that you looked at
during this due diligence period before investing?
A Just one minute. Let me see.
(Pause)
A Yes. I have seen this. There's another one
also, though, I believe.
Q Ms. Campbell, did you rely upon this document,
though, that was provided by George to your son and was
forwarded to you to help explain the question that you
said you had on page 11 of 13?
A Definitely. Definitely.
Q So if you -- you said you relied upon it. Did
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you act upon anything about this letter? Did you contact
this Premier Group Capital?
A I did not.
Q Did you ask George any question about this
Premier Group Capital?
A I did not.
Q It says there's a -- well, does it appear that
there's a phone number on State's Exhibit 11A you could
have called Premier Group Capital?
A I did not.
Q And this letter that's in evidence from --
signed by -- it's got a block signature for Quincy
McKnight -- did you notice the sentence about the funding
process may take up to 30, 60 days?
A Yes. I see that now. I mean, I see it. I'm
sure I read it. I'm sure at that time I read it.
Q You're sure you read it between when you first
got this sent by your son and then before you made the
investment?
A Yes, sir.
Q What does that mean to you -- you're a business
owner -- that it says the funding process could take up
to 30, 60 days?
A It says they are preapproved in December, and so
60 days we're talking --
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Q Well, let's -- I'm just going to ask, Ms.
Campbell. Back to the beginning of that 11A in the
actual email body where it says, "we are set to close in
mid-March." That's from George to your son.
A Right.
Q As a business person, what does that mean to you
when you see those words?
A We're going to close -- the contract on this
exhibit will be closed in March, and whoever is an owner
or investor at that time, then we would --
Q What's the date on the contract, Ms. Campbell?
A The date of the contract itself?
Q Yes.
A Looks like it was signed 12/15, December 15th.
Q And I know you testified you had assurance from
George about that other date that was on page 13 of 13.
Did you ever ask George about any concerns about the date
on the bottom of the contract, December 15, 2010?
A No. To me, something signed on December 15th --
MR. BROOKS: I'm going to object after,
"no."
THE COURT: Sustained. It's nonresponsive.
Q (BY MR. GROGAN) Okay. So the preapproval
letter is what you testified so far that you relied upon
to believe that this was done?
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A Yes.
Q Let me get you now to turn to State's Exhibit
9A. Again, you said this was an email that you reviewed.
What of significance in this email from George to Jayson
did you take out of this email?
A This is pretty much the terms of what we were
going to agree to, that there was someone that wanted to
sell their interest and that we were going to purchase
the interest.
Do you want me specifically say what --
Q I want you to explain. From your point of view
as a party involved in this transaction, who did you
believe owned this Coyote Crossing Ranch at the time you
were doing the investment?
A George Briscoe.
Q Who did you believe all this paperwork was, in
relation to selling the property to?
A Selling it from George Briscoe to Hope 4 Today
Foundation.
Q So when you're reading stuff about funding and
contingent upon getting funding, what did that mean to
you?
A That meant to me that the funding was
preapproved for Hope 4 Today to purchase Coyote Crossing
Ranch from George Briscoe.
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Q So you're looking at it from -- so your
testimony is you thought the funding is for the buyer to
buy it from Mr. Briscoe?
A Yes, sir.
Q Well, now, let's jump ahead. Do you remember --
MR. GROGAN: Permission to approach the
witness.
THE COURT: Yes.
Q (BY MR. GROGAN) I'm going to show you what's
been premarked as State's Exhibit 14, 15, 16, 17, and 18.
MR. GROGAN: I'm showing those to defense
counsel.
(Pause)
Q (BY MR. GROGAN) I'm going to start with State's
Exhibit No. 14. Are you familiar with this document?
A Yes, sir.
Q Okay. Is that a document that was between you
and Mr. Briscoe for this investment?
A Yes, sir.
Q And is your signature on that document, as is
Mr. Briscoe's?
A Yes, sir.
MR. GROGAN: Your Honor State moves to
offer State's Exhibit No. 14.
MR. BROOKS: No objection.
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THE COURT: State's No. 14 is admitted at
this time.
(State's Exhibit No. 14 admitted)
Q (BY MR. GROGAN) What's the date that you
entered into that agreement?
A February 14, 2011.
Q What was your contribution on that date,
according to the agreement? What's in writing?
A $40,000.
Q And how did you pay Mr. Briscoe $40,000?
A Cashier's check.
Q I show you what's been marked as State's Exhibit
18. Are you familiar with that document?
A Yes, sir. This is the cashier's check.
Q Okay. Well, you said that the agreement in 14
mentions $40,000. Did you contribute anything else
besides what's written in the agreement to Mr. Briscoe?
A Yes, sir.
Q How much more did you --
A This agreement is for 10 percent, myself as an
investor. And then we had another agreement for my son,
Jayson, for 10 percent. And so I paid the 25,000 for
Jayson plus a Ford pickup and some services that Jayson
had done, 80,000 altogether.
Q What was your total cash withdrawal from
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Guaranty Bank?
A 65,000.
MR. GROGAN: Your Honor, State moves to
offer into evidence State's Exhibit No. 18.
MR. BROOKS: No objection.
THE COURT: State's 18 is admitted.
(State's Exhibit No. 18 admitted)
MR. GROGAN: I ask permission to publish 18
to the jury.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) Then are you familiar with
what's been marked State's Exhibit No. 16?
A Yes, sir.
Q Was that part of this transaction, as far as
your investment in this business opportunity?
A Yes, sir.
Q And who was involved in that document? Who are
the parties involved in that?
A Myself and George.
MR. GROGAN: Your Honor, State moves to
offer into evidence State's Exhibit No. 16.
MR. BROOKS: No objection.
THE COURT: State's 16 is admitted.
(State's Exhibit No. 16 admitted)
Q (BY MR. GROGAN) Before I ask permission to
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publish this to the jury, what is this document?
A That is for the Ford pickup.
Q Does it say that it's for the Ford pickup?
A No.
Q Did you have any concerns at the time you were
given this donation receipt that there's no mention of
what the $10,000 donation is for?
A It was just toward the 80,000 for the 20
percent.
THE COURT: Ma'am, I'm sorry. That wasn't
the question. Listen to the question again, please.
Q (BY MR. GROGAN) Did you have any concern that
the document -- the donation received, that it didn't
indicate that it was for a truck?
A No.
MR. GROGAN: Your Honor, permission to
publish 16 to the jury.
THE COURT: Yes.
Q (BY MR. GROGAN) And then are you familiar with
Document No. 17?
A Yes, sir.
Q Was that also part of this transaction?
A Is it also what?
Q Was this part of this transaction?
A This is what I received.
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Q Who did you receive it from?
A From George.
MR. GROGAN: Your Honor, State moves to
offer into evidence State's Exhibit 17.
MR. BROOKS: No objection.
THE COURT: State's No. 17 is admitted at
this time.
(State's Exhibit No. 17 admitted)
Q (BY MR. GROGAN) What did you believe that this
exhibit signified?
A My 10 percent for $40,000.
Q Did your son get a -- at the same meeting in
this transaction, did he get a similar certificate?
A Yes, sir.
MR. GROGAN: Ask permission to publish 17
to the jury.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) Were there any other documents
that were exchanged, besides those, for the specific
$65,000 in cash we're talking about?
A No, sir.
Q Where did all this -- where did this transaction
take place?
A Coyote Crossing Ranch.
Q Was that the first time you had been to Coyote
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Crossing Ranch?
A No, sir.
Q When was the first time you had been to the
ranch?
A Just as -- just as a patron just out there.
Q Had you met the defendant out there prior to --
previously, then?
A I had not, no. I relied on my son.
Q So specifically to this transaction then, who
was there when this transaction occurred?
A Myself, Jayson, my son, George, and his wife,
Mrs. Briscoe.
Q And was Mrs. Briscoe involved in any of the
transaction?
A She notarized everything.
Q How long did you say that meeting lasted?
A Maybe an hour. That was our second meeting.
Q Okay. And did you ask any questions about any
of the paperwork at that time with Mr. Briscoe?
A Not at that meeting. The first meeting I did.
Q We talked about the first meeting. Was there
anything else you haven't mentioned that you asked George
about in the first meeting?
A I didn't remember we talked about the first
meeting. The first meeting is when I took my father with
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me and my son. And as a family, we wanted to hear what
the proposal was, what the offer was, what we were
getting ourselves into. We all asked questions. We
interchanged to our satisfaction.
Q How many days before this second meeting then
was it when you had this first meeting with Mr.
Briscoe?
A About three.
Q And who was present at that meeting?
A My father, Ernest Hawkins, myself, my son,
Jayson, Mr. Briscoe, and Mrs. Briscoe.
Q And how long did that meeting last?
A A good hour, probably a little more.
Q And what specific questions did you ask George,
as you remember today, at that first meeting about this
business opportunity?
A I would say that he did most of the talking,
explaining to us what the assets were that we were buying
into, why it was even an opportunity, that someone needed
out or wanted out. The assets were listed, and also in
the paperwork listed, as the 702 acres, the hunting
lodge, the cabana, and the equipment valued at, you know,
5 million. And that gave us the constitution of what we
were getting into.
Q At any time during this first meeting that
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lasted about an hour, did he mention the name Clete
Aycox?
A No, sir.
Q When did you ever -- when is the first time, if
any, that you ever heard the name Clete Aycox?
A I'm sure Jayson has mentioned that name to me.
Q Did you ever meet a person named Clete Aycox?
A No, sir.
Q Ms. Campbell, do you still have up there the
Exhibits 9A through 12A in front of you?
A Yes, sir.
Q You mentioned he provided -- George provided you
a valuation of the property. Would you look at State's
Exhibit 10A and tell me is the attachments is what you
were referring to?
A Yes, sir.
Q Did you have any additional questions about this
attachment, at least by the second meeting when you met
with George? Did you have any questions specifically
about the finance justification for the equipment
inventory list?
A I did not have any specific ones. I depended on
Jayson to look at these -- the different pieces of
equipment. He would know more about that than I would.
Q Did you actually instruct your son to go do
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that, or you just relied upon him?
A I relied upon him. I questioned him, is all
this equipment here?
MR. BROOKS: I'll object as nonresponsive.
THE COURT: Sustained, after -- beginning
with "I questioned him."
Q (BY MR. GROGAN) And you mentioned that this --
you added up the values, and that's where you got the $5
million. What did you believe -- did you believe there
was going to be instant profit when this deal was done?
A The way the paperwork stated, we would make the
investment in February, and the contract would be
executed by June 15th. So I anticipated -- yes, I did
anticipate a payment back by around, you know, the end of
June.
Q Do you have Exhibit No. 14 in front of you?
A Yes, sir.
Q Are you saying -- is there language in there
that talks about when this contract would be executed no
later than?
A Yes, sir.
Q And what's the date in that actual joint venture
agreement that you signed with Mr. Briscoe for executing
this contract?
A The date I executed it was February 14th. And
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it says, "time of performance," it says, "shall be
completed no later than June 15, 2011."
Q And then -- thank you, Ms. Campbell. And then
you also heard -- I think we talked about it, State's
Exhibit 11A -- "we are set to close in mid-March." Did
you rely upon that statement, as well?
A Of course, yes.
Q Was there any agreement, if it's in writing --
or if it's not in writing -- between you and George about
how much you would get back once the deal was closed and
there was a profit made?
A Yes, sir.
Q What was -- and is that deal in writing?
A Yes, sir. It's in this first -- 9A. I would
invest $40,000 for 10 percent. When the transaction was
completed, 10 percent of the 5 million would be
140,000.
Q So that's not bad for -- since you paid in
60,000.
A Exactly.
Q But now, just to be sure, that language you
referred to in that email was dated on February 11th --
A Yes.
Q -- 2011. Was that language incorporated into
the actual Joint Venture Agreement that you signed three
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days later with Mr. Briscoe?
A Let's just see if it is. Let's see. Combined
into 10 percent, 10 percent. Then it says, "The Firm
agrees to take this investment, deposit the money, and
purchase the 10 percent from the other investor."
Q That's at the bottom of what page number on that
exhibit?
A There's not a page number, sir. It's the second
page of the three-page agreement.
MR. BROOKS: Judge, I'm going to object.
That's nonresponsive to the question.
THE COURT: She said there's not a page
number. That is responsive.
MR. BROOKS: The question that was asked --
THE COURT: Overruled.
MR. BROOKS: -- by Mr. Grogan was --
THE COURT: That's the way she understood
it. Overruled.
Q (BY MR. GROGAN) All right. So page 2 of 3, Ms.
Campbell, where specifically, so that the record shows
what you're referring to, is it the middle of the
document, bottom of the document, or --
A It's under terms and conditions. It's the last
paragraph of the document.
Q And did you put a lot of reliance on that
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statement?
A Totally, yes. This is my agreement. This is --
this is what I went by.
Q So just to make sure, what did you interpret --
under that specific section you just referred to on page
2, what did that mean to you?
A That meant to me that I was going to pay the
$40,000 for 10 percent interest. That money was going to
be deposited. That's what was my purchase of the other
investor's 10 percent, and that the transfer would not be
diluted, it says, and that upon the execution of the
sale, I would receive 10 percent of the selling price of
$5 million.
Q Now, when was the next time that you met with
George Briscoe after this transaction happened on
February 14, 2011?
A I did not meet with him. I met with his -- I
met with -- I met with Dr. Warner about a week later, who
was the director of the Hope 4 Today Foundation.
Q I don't want to know what y'all talked about,
but what was the basis of the meeting for?
A She wanted to meet with me as an investor at
Coyote Crossing Ranch. And our visit lasted probably two
hours. We --
Q I'm sorry. Let me just --
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A Excuse me.
Q Did you meet with anybody else while you went
back to the ranch that visit, besides Ms. Warner?
A No. George and his wife were out of town.
Q Back to the question I asked a minute ago. When
was the next time after this transaction on February 14,
2011, that you met George Briscoe?
A I did not.
Q Is this the first time you've seen him in over
six years?
A Yes, sir. I wouldn't be able to pick him out of
a lineup.
Q Did you ever get back the return that was
written into that contract, State's Exhibit No. 14?
A Not one penny.
Q When -- did you do anything at any point to
follow up? I know you've already said you never met with
George Briscoe again. Did you do anything to follow up
on your investment?
A I contacted him. I talked to him on the phone
or email. And then he called me about -- I'm going to
say it was about July, maybe August -- to tell me that he
understood that things had gone bad and wanted me to be
reassured that I would be able to get my money, that he
was going to make sure I got my money.
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Q You said that was about August?
A Yes, sir.
Q And is that the only thing you had done at that
point, or had you talked to anybody else about this
investment?
A I had not. I trusted the situation, that it
just takes time.
Q You said earlier that you had done other
investments before; is that right?
A Yes, sir.
Q And you just said it takes time. So what were
you willing to wait for to make a profit on this
investment? How long were you willing to wait?
A Well, I waited almost a year, and then I went to
the Constable and prepared this document that you've got
somewhere. It was Doc Pierce.
Q Well, let me ask you. Did you look at what's
marked State's Exhibit 15 a minute ago?
A I don't have it.
Q Did you look at what's marked State's Exhibit
No. 15?
A I can't see. I'm sorry.
MR. GROGAN: May I approach, Your Honor?
THE COURT: Yes.
Q (BY MR. GROGAN) Is that the document you're
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referring to?
A Yes, sir.
Q So at some point, I think you said about a year
later, you went to Doc Pierce. Is this document the one
you prepared for Doc Pierce?
A Yes, sir.
Q And what was your intent in meeting with Doc
Pierce?
A To see if there was any recourse, any way to get
my money -- I mean, get any money out of the situation.
Q And did you know who Doc Pierce was when you
went to meet with him?
A Yes, sir.
Q And did you meet with anybody else besides Doc
Pierce about this investment?
A I don't recall anybody else.
Q Now, going back to the phone calls. You said
you were trying to contact George at some point in August
about --
MR. BROOKS: I'm going to object. There's
no testimony she was trying to contact --
THE COURT: Sustained.
MR. GROGAN: I'll ask it a different way.
Q (BY MR. GROGAN) Did you try to make any
attempts, after your meeting on February 14, 2011, with
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Mr. Briscoe when this transaction happened, to contact
George Briscoe by phone?
A No. I relied on my son.
Q Did George Briscoe ever call you by phone after
that meeting on February 14, 2011?
A Yes, sir.
Q How many times do you remember him calling
you?
A The main one I remember -- I just remember one,
specifically, the one in August -- that he had assured
me -- which, by then, I was getting pretty antsy -- and
that --
MR. BROOKS: I'm going to object as
nonresponsive, after "one."
THE COURT: Sustained.
A That made me feel --
THE COURT: I'm sorry. Stop.
THE WITNESS: I'm sorry.
THE COURT: That's okay. Just listen and
answer the question you're asked only. Okay?
THE WITNESS: Okay.
THE COURT: Thank you, ma'am.
Yes, sir.
Q (BY MR. GROGAN) And then what was the actual
timeline after that phone call in August with Mr. Briscoe
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before you met with Doc Pierce? Do you remember how long
it took to meet after that point?
A I don't remember. Whatever the date is on the
affidavit.
Q And have you had any other contact with Mr.
Briscoe or any agent that works for Mr. Briscoe since
that phone call in August of 2011?
A Yes, sir. I got a letter from a lawyer, his
lawyer in Oklahoma, saying that --
MR. BROOKS: Judge, I'm going to object to
anything in the letter.
THE COURT: Sustained as hearsay.
MR. GROGAN: Could I ask permission to
approach the witness?
THE COURT: Yes, sir.
Q (BY MR. GROGAN) I'm going to show you what's
being marked as State's Exhibit 19. You said you got a
letter. Is this the letter you're referring to, Exhibit
19?
A Yes, sir.
MR. GROGAN: Your Honor, State's going to
move to offer State's Exhibit No. 19 into evidence.
MR. BROOKS: Judge, we're going to object.
It's hearsay. It's not a document that's been properly
authenticated.
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THE WITNESS: I have the original --
THE COURT: Ma'am -- ma'am, hold on.
MR. GROGAN: State's response is, Your
Honor, it's an admission by a party-opponent because it's
adopted by an agent that represents Mr. Briscoe.
MR. BROOKS: Judge, that's not -- can we
approach?
THE COURT: Yes.
Folks, y'all step back to the jury room for
a minute, please. We'll call you out in just a second.
THE BAILIFF: All rise for the jury.
(Jury left the courtroom)
THE COURT: All right. Mr. Brooks.
MR. BROOKS: Judge, that's not an admission
by any party-opponent of any kind. There's no admission
of any liability or responsibility. That's a statement
that somebody says that they represent VPW Management,
which we have no indication who all those people may be,
and Mr. Briscoe. We don't know who's offering these
representations or what they're made upon. And again,
it's not any kind of admission. It's just a statement
saying, we're going to try to get you some money. I
don't see where anybody says we're liable for anything or
that we did anything.
THE COURT: All right.
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Mr. Grogan.
MR. GROGAN: Your Honor, we're not relying
upon that exception to the hearsay rule, because we
believe that is a hearsay exception. We're saying it's
nonhearsay under 801(e)(2)(A), the party's own statement
in either an individual or a representative capacity.
The second sentence of that letter talks
about he's the attorney that represents VPW. The Court
can take notice of all the testimony about how Mr.
Briscoe is VPW. There's evidence in the trial that's
been admitted in documents that Mr. Briscoe is the
managing director of VPW, LLC.
MR. BROOKS: 801 -- Judge, I'm sorry.
THE COURT: (e).
MR. BROOKS: 801(e)? Let me make sure.
801(e) -- (e), what?
THE COURT: (e), statements that are not
hearsay, (e)(2)(A).
MR. BROOKS: "An opposing party’s
statement. The statement is offered against an opposing
party and was made by the party in an individual or
representative capacity."
In other words, that's a statement that's
made by my client. They're trying to offer a statement
of Mr. Kennon.
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THE COURT: Or a representative capacity.
MR. BROOKS: No. No. No. Made by
party --
THE COURT: In an individual capacity.
MR. BROOKS: Made by a party in an
individual or -- in other words, if it's a statement made
that's being offered against Mr. Briscoe, either in his
individual capacity or in his representative capacity,
not one of his representatives makes a statement.
MR. GROGAN: Well, your Honor, we could
also ask you to look at (C). We disagree with him. But
(C) says, "a statement by a person authorized by the
party to make a statement."
MR. BROOKS: There's no evidence of that.
MR. GROGAN: There's plenty of evidence on
that.
MR. BROOKS: Judge, that's a letter from an
attorney. It doesn't say he's authorized, and we don't
have any evidence that he's authorized at this point to
make any statement.
THE COURT: "Was made by the party's agent
or employee on a matter within the scope of that
relationship and while it existed."
I mean, that one covers it too. The entire
purpose of 801(e)(2) is to cover these kind of statements
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made by somebody who had the apparent -- or the authority
to speak on their behalf.
MR. BROOKS: We don't have any evidence of
that. That is not what 801 --
THE COURT: Let me go through it on the
record and deal with it here. First, "as made by the
party or an individual in a representative capacity,"
We'll come back to that one. (B): "One the party
manifested that it adopted or believed to be true."
That's not been done here.
(C): "Was made by a person whom the party
authorized to make a statement on the subject." I don't
know that there's been any evidence that there was
authorization made to make this statement. I think that
would only be able to be obtained, quite frankly, either
through testimony by Mr. Kennon, did you send this letter
to your client to authorize you to do it, or through the
defendant.
"Was made by the party's coconspirator,"
doesn't count here.
So really, it is down to, "was made by the
party in an individual or representative capacity."
MR. GROGAN: Or (D), Your Honor. What
about (D)?
THE COURT: I'm sorry. Or his "agent or
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employee on a matter within the scope of that
relationship and while it existed." That one covers it
completely, totally, and on all four corners. It is his
agent made during the scope of that relationship and
while it existed.
If he wants to disclaim it -- you know,
that statement -- I mean, again, you know, it's the
whole -- the whole theory, you're bound by the statements
that your lawyer makes. And it's, apparently -- Texas
Rules of Evidence makes it a -- makes it a rule, that
this is a statement "made by the party's agent or
employee on a matter" --
MR. BROOKS: We know he's not an employee.
THE COURT: Well, agent.
MR. BROOKS: Now we're talking about
whether he's an agent. But from the letter, it's not
that he's only -- he's not representing just Mr. Briscoe.
It says VPW. And we know that there are other people.
THE COURT: But it doesn't say his sole
agent. And then it goes on to say, "Mr. Briscoe is in
the process of liquidating assets," not VPW, "in order to
cover your investment at this time."
So either Mr. Briscoe is doing it himself
personally and this is his agent anyway, or Mr. Briscoe,
on behalf of VPW, is doing it, or both. But any way you
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look at it, because of the second sentence of the letter,
"Mr. Briscoe is in the process," this covers -- (D)
covers it.
So the objection is going to be overruled
on that ground.
All right. Let's take five minutes,
because I still have got people waiting on this capital
murder. We'll come back.
(Recess)
(Open court, defendant present, no jury)
THE COURT: Let's bring them back out,
Daniel.
THE BAILIFF: All rise for the jury.
(Jury entered the courtroom)
THE COURT: All right. Thanks. You may be
seated.
Mr. Grogan.
MR. GROGAN: Thank you, Your Honor.
State's going to offer State's Exhibit 19.
THE COURT: Mr. Brooks, any objections,
other than the ones you've made at this point?
MR. BROOKS: No, Your Honor.
THE COURT: State's Exhibit 19 is admitted
at this time. Your Objections are overruled.
(State's Exhibit No. 19 admitted)
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Q (BY MR. GROGAN) That document, the jury hasn't
seen it yet. But when did you get that, and who was that
from?
A This is from a lawyer in Miami, Oklahoma,
representing Mr. Briscoe. The letter stated --
MR. BROOKS: I'm going to object to reading
from the document. The document speaks for itself.
THE COURT: Overruled.
Go ahead.
Q (BY MR. GROGAN) And when was it sent to you?
A June 27th, 2012.
MR. GROGAN: I ask permission to publish
that to the jury.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) Did you remember -- is that the
only letter you ever got from this attorney in
Oklahoma?
A Yes, sir.
Q And did you take any action once you got that
letter from the attorney in Oklahoma, once you read the
letter?
A Just glad to get it.
Q I'm sorry?
A Glad to get it.
Q So that letter reassured you, and felt better
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once you got the letter?
A Yes.
(State's Exhibit No. 19 published)
(Long pause)
Q (BY MR. GROGAN) Thank you, Ms. Campbell.
MR. GROGAN: Pass the witness.
MR. BROOKS: May I approach?
THE COURT: Yes, sir.
CROSS-EXAMINATION
BY MR. BROOKS:
Q Ma'am, in looking at this letter here -- it's
going to be State's Exhibit 19 -- there are phone numbers
on there, is that right, for that lawyer?
A Yes, sir.
Q There's emails for that lawyer?
A I don't see the email. Oh, I do. I do.
Q There's an address for that lawyer?
A Uh-huh.
Q Is that yes?
A Yes, sir.
Q Ma'am, I apologize. I know "uh-huh" means yes,
but that young man --
A I understand.
Q Thank you very much.
Mr. Grogan talked with you about that.
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That's a letter from June of 2012, right?
A Yes, sir.
Q After you received that letter, can you please
tell the jury when was the next time that you tried to
contact this lawyer by email?
A I did not.
Q Can you tell the jury, when was the next time
that you tried to contact that lawyer by telephone call
about this letter?
A I did not.
Q Can you tell this jury when it was you went up
there and tried to ask about -- in person at that address
there about what's going on with this letter?
A No, sir, I did not.
Q Thank you. Now, ma'am, you indicated here --
and this No. -- looks like 17. That's a certificate that
you got and everything. That was done on February 14th;
is that right?
A Yes, sir.
Q Okay. And now, when you get that, that says
VPW, right?
A Uh-huh.
Q Is that yes?
A Yes, sir.
Q And so when you received this, you're looking at
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that, and you say, well, okay. Has VPW been on any
document up to this point in time that you've seen when
you get this certificate?
A Not that I know of.
Q Well, so all of a sudden at this point, you
didn't stop and say, hey, what's going on here?
A No, sir.
Q Of course, you know we've got this check. It's
No. 18. And that's for you and for your son, Mr.
Campbell, right?
A Yes, sir.
Q Now, ma'am, is your son in the business of
loaning out credit or mortgages or anything like that?
A No.
Q Not like, is it, for him to be doing that?
A Not with my money.
Q Or even with his?
A No.
Q Okay. Now, ma'am, this donation receipt, that's
going to be No. 16, when we look at that, that looks like
that's Hope 4 Today, doing business as Coyote Crossing
Ranch, right?
A It's the foundation, yes, sir.
Q That's what the receipt says on it?
A Yes.
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Q Did you take the $10,000 deduction off your
income tax?
A I did not.
Q Did you need to be able to take it, or --
A I would have loved to have taken it, but I did
not.
Q Why didn't you?
A I just didn't. For one thing, when I got into
it, the paperwork on the donation for a vehicle was so --
I just didn't have all the information I needed to be
able to do it.
Q Through the IRS?
A Yes, sir.
Q Did you attempt to contact anybody -- did you
attempt to have Jayson contact anybody to get you that
documentation so that you could make that deduction?
A I did not.
Q Now, then, you have an agreement that you
signed. When you signed that agreement, you looked on
that. And that's with VPW, right?
MR. BROOKS: May I approach, Judge?
THE COURT: Yes.
Q (BY MR. BROOKS) Ma'am, do you remember which
State's exhibit was that --
A I'd like to see the agreement.
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Q I'm looking for you. Looks like Exhibit No. 14.
MR. BROOKS: Judge, may I stand back here
so --
THE COURT: Yes, sir. That's fine.
Q (BY MR. BROOKS) If you get nervous because I'm
behind you, let me know, and I'll move.
A You're fine.
Q Ma'am, if you look at the first paragraph there,
it talks about who this agreement is between, right?
A Yes.
Q And this is between you -- you are Kathy
Campbell?
A Yes.
Q And then it says there, VPW Management, right,
called the Firm, right, by Mr. Briscoe, II?
A Uh-huh.
Q Is that yes?
A Yes, sir.
Q Okay. So this isn't any kind of agreement you
have with Mr. Briscoe. This is an agreement that you
entered into with VPW Management, right?
A Acting herein by George Briscoe.
Q Well, when you had this contract, is this
something that you signed there on February 14, 2011?
A This?
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Q Yes, ma'am.
A Yes, sir.
Q When you were handed that, did you ever stop and
say, hey, I'd like to take this out to an attorney and
have an attorney look at it?
A No, sir.
Q You didn't do that, did you?
A No, sir.
Q And you weren't told that you couldn't do that,
were you?
A No, sir.
Q Now, when you go on down through there and you
look at this agreement -- because you were talking about
things that were going to happen here on the front page,
ma'am. It talks about a $40,000 investment or money that
you're putting into this business; is that right?
A Correct.
Q Okay. And it says that all the services
required by the Firm are going to be performed hereunder
-- are going to be completed no later than, what, June
the, what 18th, 15th?
A 15th.
Q Now, ma'am, where in there does it say what
services there are that the Firm, VPW Management, are
going to complete for you?
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A I say it says it's going to purchase a
percentage back from the previous investors and pay me my
part.
Q So what you're saying is on the second -- flip
the page back.
A Okay.
Q "Terms and conditions: Firm agrees to take the
agreed-upon investment amount and deposit the money into
its business operating account" -- VPW -- "purchase the
percentage back from the previous investors." Okay. All
right.
Now, "the Firm further agrees not to dilute
the principal amount."
What does that mean to you, not to dilute
the principal amount?
A It means my 10 percent is 10 percent of the 5
million.
Q It means you're not going to have your
percentage reduced any, right?
A Correct.
Q Okay. Ma'am, does it say on there -- it says
what they're going to do is buy out the other investors,
doesn't it, on that second page?
A Yes, sir.
Q Okay. Let's go back to that. I want to make
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sure. You're telling the jury here in this paragraph
under terms and conditions that they're saying they're
going to have something done by June to get you your
money back. It doesn't say you're getting any money back
there at that part, does it?
A No, not in that part. It says it on the first
page.
Q Well, let's go back to No. 3. Is that right?
A Yes, sir.
Q Okay. And it talks about the maximum amount of
compensation reimbursement. It says that's going to be
on or before a certain date. So you would have expected
at that point in time, as of June 15, 2011, that
something was going to happen by that date, correct?
A At that point in time, yes, sir.
Q Okay. Now, then, so after June 15th, 2011, you
didn't do anything else at all about this, did you?
A I worried a lot, and I talked to Jayson, and --
Q Talked to Jayson?
A -- we followed back up with Mr. Briscoe.
Q You talked to Jayson and worried. Did you
contact his attorney?
A We were -- no. We were --
Q Did you go and look into your agreement?
Because that agreement says that if you're going to do
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anything about it, you're supposed to go sue or proceed
under the laws of the State of Oklahoma. Did you go over
there and do anything about it?
A I did not.
Q Now, you indicated that there were some
conversations going on by phone with Mr. Briscoe?
A Yes, sir.
Q Now, other than the emails that we've seen, 9A,
10A, 11A, 12A, any other emails that you had from Mr.
Briscoe to you?
A Possibly. I don't know. I'd have to look.
Q Did you ever print them off and give them to
anybody, like Wayne Pierce?
A I believe I did.
Q Do you know when you would have done that?
A When I made the affidavit.
Q Do you know when it was that you went to Wayne
Pierce to do that?
A No, I do not. I can't tell you a specific date.
Q Well, ma'am, you've indicated that it was about
a year later or so?
A Yes. I want to say 2012, but I don't know what
month or day.
Q So then in going to Mr. Pierce, you would have
carried him emails that would have been the
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communication, other than the four that we've seen,
right?
A Yes, sir.
Q And how many of those do you think existed?
A I have no idea.
Q Now, would those have been emails from Mr.
Briscoe or between you and Jayson?
A I would have been CC'd on emails from Mr.
Briscoe to Jayson.
Q Okay. Now, did you know Ray April?
A No, sir.
Q You never met him?
A Never.
Q Did Jayson ever talk with you about Ray?
A Just the name.
Q Just the name?
A I never saw him.
Q So you don't know how close they were or they
weren't?
A I don't know what his capacity was.
Q Don't know how close they were or they weren't
---
A Do not.
Q -- Jayson and Ray?
A Do not.
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Q Okay. Now, you talked with your son, and you
guys were getting this back and forth. You did not meet
Mr. Briscoe until Jayson arranged that, right?
A I had met him, but I had never met him on a
business level.
Q Y'all had met out there. Did you go out to the
place to shoot?
A I didn't shoot, no, sir. I just visited out
there one time prior to.
Q How about your father? Did he shoot out there?
A No, sir.
Q Now, when you had the first meeting, you say
that was at the ranch?
A Yes, sir.
Q And that meeting occurred prior to these
February 11th emails, right?
A No, sir. It would have been --
Q February 11th emails occurred first, and then we
had the meeting --
A Yes, sir.
Q -- the first meeting?
A Yes, sir.
Q Okay. And so after these emails -- the phone
call from Mr. Briscoe that you talked about, did that
occur prior to the emails or after the emails?
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A The first phone call was prior because he wanted
to see --
Q Prior to the emails?
A -- if I was --
Q Okay. Now, you hadn't contacted Mr. Briscoe
about that?
A No, sir.
Q Did you speak with your son about how Mr.
Briscoe would have had some idea about contacting you?
I'm not asking what you talked about, ma'am, but did you
speak to your son about that?
A About what, sir?
Q Mr. Briscoe contacting you.
A You're asking me if I talked to my son about Mr.
Briscoe contacting me?
Q About this phone call from Mr. Briscoe.
A Yes.
Q Okay.
A I guess.
Q You guess?
A I'm not sure what you're asking me.
Q Okay. Ma'am, you had only met Mr. Briscoe once.
That was, like, in a -- kind of a social setting out
there at the ranch, right?
A Right.
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Q So your testimony is that there's this phone
call out of the blue to you, anyway, from Mr. Briscoe
about your interest, right?
A Right. Jayson had prepared me that he would be
calling me.
Q So it was really not out of the blue; Jayson was
talking to you about it?
A Yes, sir.
Q Okay. So you had talked to Jayson about it?
A Yes, sir.
Q All right. Now, did you at any time indicate, I
don't want to meet with anybody?
A No, sir.
Q Now, when you met with Mr. Briscoe, I think you
testified that he was there, Ms. Briscoe was there, you
were there at the first meeting -- because I'm trying to
make sure of that -- and Jayson was there; is that right?
A And my father.
Q And your father, at the very first one?
A Yes, sir.
Q That meeting lasted an hour or over an hour; is
that right?
A Approximately an hour, yes, sir.
Q You were never at any point told you couldn't
leave?
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A No.
Q You were never at any point told, hey, you have
to do this?
A No.
Q Now, during that time period, you were asking
any and all questions you wanted to ask?
A Yes, sir.
Q And after that meeting -- of course, at that
meeting when you sit down, you already had the February
11th ones, right?
A Yes.
Q I want to make sure we've got this sequence of
events correct, because that's not the meeting -- when
you're sitting down there with your dad and your son and
are having this conversation, that's not February 14th,
is it?
A No, sir.
Q Okay. So we have February 11th in the
afternoon -- evening, actually, the emails are going on.
Sometime after that, you have this sit-down meeting. And
then by the 14th, all within three days, you're in there
ready to go to decide, hey, I'm going to do this and
start signing papers; is that right?
A Yes, sir.
Q So when you read those emails and you saw that
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page, that 11 of 13, where it talks about, this is
contingent upon this closing of this lease -- you read
that, didn't you, ma'am?
A Yes, sir.
Q You had read it before you sat down at the
meeting with Mr. Briscoe and everybody else; is that
right?
A Yes, sir.
Q Okay. And you did not receive any other written
documents or anything between those two meetings, did
you?
A Nothing written, only verbal.
Q You didn't receive anything in writing at that
meeting when you sat down with everybody, did you, other
than just those four emails that had already previously
been sent, correct?
A I have emails. I had the discussion and
presentation from Mr. Briscoe at that meeting to explain
--
MR. BROOKS: Judge, I'm going to object as
nonresponsive.
THE COURT: Sustained.
Ma'am, listen to the question.
THE WITNESS: Okay.
Q (BY MR. BROOKS) I'm sorry. Ma'am, you didn't
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receive anything in writing from Mr. Briscoe or anything
at that point?
A No, sir.
Q Okay. Now, you had this meeting that lasted an
hour to approximately two?
A Uh-huh. Yes, sir.
Q And then after that, you leave and go away from
the ranch. Did you talk about this with your dad?
A Yes.
Q Did you talk about it with your son?
A Yes.
Q You made a decision?
A Yes.
Q Okay. Now, in the interim, upon leaving the
ranch and you making the decision, there was no more
contact with Mr. Briscoe at that point, was there?
A No, sir.
Q And when you decided, yes, you want to do this,
did you tell Jayson, hey, let's do this, or did you
contact George Briscoe and say, hey, let's do this?
A It took me three days to do my due diligence,
check it all out. And then I talked to Jayson and said,
you know, what do you think? Do you want --
Q Ma'am, my question simply is, did you contact
Jayson Campbell and say, hey, let's do this, or did you
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contact George Briscoe and say, let's do this?
A I contacted Jayson and let him contact George
for us.
Q And let him make the arrangements?
A As a family, yes, sir.
Q And so then when you get there, and when you
look at the agreement that's -- I think it's 17, is your
agreement -- at the same time, is that when Jayson's
agreement is being signed also?
A Yes, sir.
Q And did you look and read both of those?
A They were identical.
Q Well, they're not really identical, are they?
A The certificates are identical, except for my
name and his name.
Q I'm talking about the agreement that each of you
signed.
A Okay. I don't know.
Q Did you read both of them that day when you were
doing that on February 14th?
A I read mine.
Q Did you read Jayson's?
A I don't know that I read his. I'm assuming that
it's the same. I don't know that to this day.
Q Okay. Now, up until that point in time, though,
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you hadn't asked any additional questions after you left
the meeting with Mr. Briscoe, had you?
A Not to George Briscoe, no.
Q Now, then, ma'am, you go forward from there, do
the check; everything is done. Do you do anything
else -- at that point June 15th arrives. It hadn't
happened. Tell me when you contacted Mr. Briscoe after
June 15th.
A I just kept getting promises.
Q Ma'am, my question is, when did you contact Mr.
Briscoe?
A I let Jayson handle it.
Q So the answer is, you didn't contact Mr. --
A I did not personally.
Q So relying again on what Jayson's telling you;
is that right?
A I'm relying on what I'm telling Jayson and he's
telling Mr. Briscoe.
Q Okay. Now, then, ma'am, when you read through
the papers, you said you were going to get 10 percent of
$5 million. That's actually $500,000, isn't it? You're
a teacher, right, ma'am?
A I am.
Q What are you teaching?
A Biology.
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Q But in math, we've got $5 million, and your part
is for 10 percent, 10 percent. And you told this jury
you're going to get your 10 percent out of $5 million.
A There were expenses, I'm sure. But the
agreement was 140.
Q So that's not 10 percent of 5 million?
A No.
Q Now, is that 5 million number in that agreement
with you someplace there, that you're going to get 10
percent of 5 million?
A The numbers are not there, I don't believe. It
was 10 percent of the selling price, and that document
does not state the selling price. The contract stated
it.
Q So did you not notice or think as you were
listening to this presentation, well, we've got a
discrepancy here; you're saying the selling price is
going to be 5 million, but I'm only going to get 140,000
for my 10 percent? You didn't notice that?
A I didn't -- it didn't matter. I mean, it did
not really matter.
Q Gosh, February 14th to June 15th, you're going
to -- from your money, $40,000, that's more than, what,
300 percent profit? Isn't that the way you would have
calculated it?
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A Yes.
Q Now, when you're sitting there thinking about
that on February 14th, you know, 300 percent, 140,000,
you didn't ask any further questions about that?
A I didn't think about it that way.
Q Okay. Well, I guess as y'all are all sitting
there, your dad, Jayson, Mr. Briscoe, and Ms. Briscoe,
and you're all talking about this, no one actually said,
wow, 300 percent profit in basically less than six
months, that didn't even come up as part of the
conversation?
A Not 300 percent. We just -- the 40 would be 140
after the contract was executed.
Q And, ma'am, just so I understand, there was no
discussion at that time, hey, there's this lease; this is
an option deal; we're trying to make this all happen, and
there was not any -- there wasn't any discussion about
that, to your recollection, right?
A It was a sure thing at that point.
MR. BROOKS: I'm going to object as
nonresponsive.
THE COURT: Sustained.
Ma'am, listen to the question.
Q (BY MR. BROOKS) Ms. Campbell, your testimony
is -- I'm asking you, was there any conversation at all,
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hey, we're trying to make this whole thing come together
so we can get this done so that we can then transfer this
to the Hope 4 Today?
A No, sir. I don't remember that at all.
Q All right. None of the documents that you
looked at that shows some 3.4 million or 3.6 million
purchasing price and then Hope 4 Today transferring in,
that doesn't ring a bell with you at all?
A 3.4 million does not a ring bell to me. I only
heard the 5.
Q And if there was a 5 million sale price and
somebody had a difference of 3 and a half million, 3.6,
to 5 million, so that's $1.4 million and 10 percent being
that -- 10 percent of 1.4 million being 140, that doesn't
sound like that might have been any numbers anybody was
talking with you about at that point. They weren't, were
they?
A No, sir. I didn't -- I didn't break it down.
Q Do you know Wayne Pierce, ma'am?
A I do.
Q How long have you known Wayne or maybe Doc?
A I really don't know him that well. His wife and
I teach together or taught together. We taught together
for several years in Wolfe City and in Commerce.
MR. BROOKS: Pass the witness.
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THE COURT: Yes, sir.
MR. GROGAN: State has no further
questions.
THE COURT: Thank you, ma'am. You may step
down. I'll ask that you leave a phone number where you
may be reached in case your further testimony is needed.
Ma'am, I also remind you that you remain under the Rule.
So don't discuss the case with anyone, other than the
attorneys in the case. Thank you.
MR. GROGAN: Your Honor, State calls Tom
Skidmore.
THE COURT: Tom Skidmore, please.
THE BAILIFF: Yes, Your Honor.
(Witness entered the courtroom)
THE COURT: Come on up, Mr. Skidmore. Come
behind this gentleman here and have a seat in the chair
right here. You can go ahead and be seated. Sir, let me
get you to raise your right hand.
(Witness sworn)
THE COURT: Thank you.
Mr. Skidmore, I'm going to let you know
that the Rule of Witnesses has been invoked. Under that
Rule, sir, you are not to be in the courtroom during any
testimony, other than, obviously, your own. You may not
discuss the case with anyone, other than the attorneys in
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this case, or allow anyone, other than the attorneys, to
discuss the case with you or in your hearing.
You are not to read any report of or
comment on the testimony in this case or any
transcription of the testimony.
Any questions about any of that, sir?
THE WITNESS: No, sir.
THE COURT: Thank you.
Mr. Grogan.
MR. GROGAN: Thank you, Your Honor.
THOMAS SKIDMORE,
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GROGAN:
Q Sir, state your full name for the record, and
where are you from?
A Thomas Skidmore. I live in Ravenna, Texas.
Q And where is that in relation to Hunt County?
A North of Bonham.
Q How long have you lived there?
A All my life.
Q What do you do for a living, Mr. Skidmore?
A I'm in the service business. I spray pastures.
Q Have you ever heard of Coyote Crossing Ranch?
A What, sir?
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Q Coyote Crossing Ranch in Hunt County?
A No, I have not.
Q Do you know a Buddy Michael?
A Yes, I do.
Q How do you know him?
A I'm friends with Buddy. I've known him quite a
long time. I met him in Paris.
Q How long have you known Mr. Michael for?
A Oh, probably all totaled, about three and a
half, four years.
Q And what kind of relationship do you have with
Mr. Michael?
A Just a general relationship. We've traded some
equipment before. I bought a Kawasaki mule off him.
Q And I want to focus your attention to -- around
August of 2011. Do you remember that time frame?
A Uh-huh.
THE COURT: Is that a yes?
THE WITNESS: Yes.
THE COURT: Thank you.
Q (BY MR. GROGAN) Have you ever testified before
in court?
A No.
Q So have you spoke to anybody before coming to
court to testify about this event back in August of --
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A No, I have not.
Q Have you ever spoke to me before today?
A I talked to somebody on the phone, oh, it's been
three or four months ago, I guess, maybe three months
ago, wanting me to come do a deposition.
I talked to him off and on. He finally
figured out that I really didn't have nothing to do with
it.
MR. BROOKS: I'll object. It sounds like
it's somebody else he's speaking about now.
THE COURT: Sustained.
Go ahead.
Q (BY MR. GROGAN) Besides that one contact, is
there anybody else you talked to?
A No.
Q I think you said -- before I get into this
August event -- you would exchange stuff with Mr.
Michael?
A Yes.
Q All right. What was it that -- were you
involved in the exchange with Mr. Michael back in August
of 2011?
A Mr. Michael contacted me to work on a Polaris
Ranger for him, see if I could get it running. I work on
things like that off and on just to make a little extra
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money.
Q And did you accept his offer? Did you work on
the Ranger?
A No. About three weeks after -- he brought the
Ranger to me. About three weeks after he brought the
Ranger to me, I was contacted by a constable from Hunt
County.
Q Did they end up arriving at your house or your
place of business?
A They come to my place of business. And then we
discussed what -- about the Ranger, and then we went to
my house to look at it.
Q Okay. So when Mr. Michael had given it to you
earlier, did he give it to you at your house or at your
place of business?
A No. He brought it to my house.
Q But you met the Hunt County Constable at your
business, and then y'all talked, and you went back to
your house?
A Correct.
Q What happened at your house?
A Which time?
Q Okay. Well, the first time.
A Okay. He brought it out there. Then
the Constable -- about three weeks later, the Constable
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contacted me. He come to my office. We went from there
to my house. The Constable looked at the serial number.
He told me that it had been --
MR. BROOKS: Judge, I object to anything
somebody said as hearsay.
THE COURT: Sustained as hearsay.
Sir, you can't generally tell what somebody
told you.
THE WITNESS: Okay.
THE COURT: Mr. Grogan.
Q (BY MR. GROGAN) And after you observed him look
at the serial numbers, what happened next? Not what he
said, but what happened next?
A He come and picked it up.
Q That same time, or --
A No. It was about three days later.
Q Was it the same Hunt County Constable, or a
different constable?
A The only person -- the same Constable contacted
me saying they were going to pick it up. There was, I
guess, a guy with a winch truck that come and picked it
up. He met me at the office, and he took me out to the
property.
Q And did you -- did you actually end up doing any
work on that --
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A No.
Q And did you make contact at any time with Mr.
Michael to explain what happened to his Polaris Ranger?
A No. He contacted me.
Q And when in the time frame, before the Constable
visit or after?
A It was after.
Q Was it before or after the tow truck guy?
A No. It was after.
Q About how much after?
A Probably a week. He apologized for it.
Q Thank you, Mr. Skidmore.
MR. GROGAN: Pass the witness.
THE COURT: Mr. Brooks.
CROSS-EXAMINATION
BY MR. BROOKS:
Q Mr. Skidmore, did you ever diagnose what was
wrong with the Polaris?
A It was broke.
Q How badly?
A Pretty bad. The motor completely was gone out
of it. It was sitting in the back of the -- of the
Polaris Ranger. I'm assuming that it had throwed
something. I don't know. We had talked about, me and
Michael --
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Q I'm not asking --
A Okay.
Q From your looking at it, it was broke --
A Yes, sir.
Q -- and it was pretty bad?
A Yes, sir.
Q Now, then, did Mr. Michael have any discussion
with you -- I'm not asking what he said -- but did he
have any discussion with you about how he acquired that
Polaris?
A No, he did not.
Q And you weren't present when he acquired it?
A No, I was not.
MR. BROOKS: Pass the witness.
MR. GROGAN: I have no further questions
for Mr. Skidmore.
THE COURT: All right. May he be excused?
MR. BROOKS: Yes.
THE COURT: Thank you, sir. You may step
down. You're subject to the Rule, sir. And leave us a
number where we can reach you, if necessary. But you are
excused.
THE WITNESS: Thank you.
THE COURT: Thank you.
MR. GROGAN: Your Honor, the State would
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like to call Jeff Richmond.
THE COURT: Jeff Richmond, please.
THE BAILIFF: Yes, Your Honor.
MR. GROGAN: May we approach?
THE COURT: Yes.
MR. GROGAN: Judge, if he's not here, Mr.
Aycox is next. Can I look real quick to see? He's a
short witness. Clete Aycox is going to be here for a
while.
Can I look on the fourth floor, real quick?
THE COURT: Yes.
(Pause)
MR. GROGAN: Your Honor, the State will
call Clete Aycox.
(Witness entered the courtroom)
THE COURT: Mr. Aycox, come up, please.
You're going to come up behind this gentleman here and
have a seat.
Ladies and gentlemen of the jury, I'll let
you know that Mr. Aycox has been previously sworn in this
matter.
I did place you under oath earlier, did I
not, sir?
THE WITNESS: Yes, sir.
THE COURT: So he is under oath, and he is
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aware of that.
Sir, I do remind you of that oath at this
time.
Mr. Grogan.
CLETE AYCOX,
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GROGAN:
Q Sir, state your full name for the record, date
of birth, and where you reside.
A My name is Clete Aycox. My date of birth is
April 24th, 1957. I'm 59 years old. I live in Fort
Worth, Texas.
Q I noticed when you walked in here, you were
limping. Do you have some kind of injury?
A I have back spasms, as of yesterday morning.
Q You're okay to testify, though, right now?
A I'm fine.
Q So you said you're from Fort Worth. How long
have you been residing in Fort Worth?
A Just moved back there about five years ago.
Q Where did you move there from?
A From North Dallas.
Q Have you been in the North Texas area, then,
this whole time?
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A Yes, since 1968, with the exception of
college.
Q Where were you at for college?
A Oklahoma State University.
Q You played college football; is that right?
A I played football in Missouri, but I went to
Oklahoma State after Missouri.
Q All right. So besides that college experience,
you've been in North Texas. What do you do for a
living?
A I am a home builder, remodeled, a real estate
investor.
Q I'm sorry. I think you said -- did you say home
builder, home remodeler, and real estate developer?
A Investor.
Q Are those three separate things?
A No. It's all the same stuff.
Q Do you have to have any kind of licensing or any
kind of requirements to be engaged in those kinds of
businesses?
A None.
Q I'm sorry?
A None.
Q Do you have to have money to be able to do these
kinds of things?
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A That helps.
Q Well, have you been doing all this for last 30
years by yourself?
A No. I was in the mortgage business for quite a
while. I was in the mortgage business for 25 years.
Q So about what year was it when you left the
mortgage business to get into the home building and home
remodeling?
A 2008.
Q And what was it that you started doing in 2008,
specifically?
A Starting out, it was in the middle of the
recession, and I thought that I needed to shift to the
mortgage business and do something different. So I
started building homes.
Q Where were you primarily building homes in
2008?
A North Dallas.
Q And were you doing this in your name or for a
company at that point?
A The company's name at that point was True North
Custom Homes.
Q And was that the year of formation, 2008?
A Yes, sir.
Q And was there anybody else a part of that
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company, besides you?
A Not as far as ownership. I had a couple of
employees.
Q And at that point, did you own any properties in
North Texas? Besides your house, did you own any other
properties?
A I owned a few, spec homes that I was building
and Coyote Crossing Ranch.
Q You know why here today; is that right?
A I do.
Q So I'm not going to focus on the spec houses.
Let's talk about, how long had you owned Coyote Crossing
Ranch?
A We started buying property that became the ranch
in 2001.
Q And how did you acquire Coyote Crossing Ranch?
A How did I do it? It was the -- with my partner,
we purchased, I believe, it was seven different parcels
of land and combined it to become what was known as
Coyote Crossing Ranch.
Q Was it all one transaction when the seven
parcels of land were all combined into one?
A It was seven different transactions.
Q And that was in 2001?
A 2001 and 2002 and maybe even one in 2003.
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Q And you said you and your partner. A minute
ago, you said this business was just you.
A That was the True North Custom Homes that was by
myself. The partnership for Coyote Crossing Ranch was a
different deal.
Q Let's talk about that. Did you -- so who was
the partner back in 2001 for Coyote Crossing Ranch?
A He didn't become a partner until probably early
2002. His name was Len Rao, R-a-o.
Q And for -- do you remember approximately what
you paid to acquire that property, Coyote Crossing
Ranch?
A It would be a generalization if I did.
Q Approximately, within $100,000?
A For all the seven parcels, somewhere in the
neighborhood of 700,000.
Q And did you -- were you able to finance that in
cash or some kind of equity, or did you have to take out
a mortgage back in 2001?
A Not in 2001. For a few years, we did everything
in cash. When we built the lodge, we took an equity loan
on the property for $500,000.
Q When you built the lodge that you were talking
about, what year did you build the lodge?
A 2006, I believe.
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Q So back in -- back in 2001, then, you said it
was roughly about $700,000. How was that actually
financed? How did you pay the 700,000?
A A combination of cash and owner financing.
Q And do you remember, if you did, when did you
satisfy the owner financing part of that deal?
A Everything was paid off, with the exception of
one parcel of that land, which I owed approximately
$35,000, which was paid for with that $500,000 equity
loan that we took out.
Q Okay. All right. And then you've already
talked about a lodge that you took the loan out for in
2006. Did you do other improvements on that property
between 2001 up until 2008?
A Sure. We did a lot of stuff. There was a
perimeter high fence of approximately 620 acres across
the road from the lodge.
Q When did you put up the high perimeter fence?
A It took a little while. It started at the tail
end of 2001 and on into 2002. And we also did deer
breeding pens that were made from high fence material in
2004, I believe.
Q So 2001 to 2002 on the fence, and 2004 on the
deer breeding pens?
A Yes, sir.
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Q What was the property being used for before you
acquired it?
A It was rangeland. There was some people that
had cattle and horses on it, primarily.
Q And then did -- to put up a high perimeter
fence, how much acreage are you talking about that you
had to put around -- the fence around?
A About 600-ish acres.
Q And what was the purpose of putting a fence
around the 600 acres? What were you going to do at that
point?
A Well, it was to contain trophy whitetail deer.
Q When did you start stocking the property, then,
with trophy whitetail deer?
A It was over a number of years. We started as a
scientific breeding operation, I believe, in 2005.
Q How do you go about -- I'm sorry. A scientific
breeding program?
A Yes, sir.
Q How do you go about starting a scientific
breeding program?
A You have to register with the State and have to
be approved to do it.
Q Did you do all that?
A Yes.
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Q And how active was -- you said Len Rao was a
silent partner. Was he involved in any of these
decisions at this point?
A He was involved some of the decisions early, but
not so much later.
Q While I'm on that subject. When was it
year-wise when he stopped being involved in the decisions
you were making for this ranch?
A 2008.
Q Did he still have a financial interest, though,
in whatever happened with the property after 2008?
A He did.
Q What was his percentage?
A 50.
Q And by 2008 or '9, had you paid off the equity
loan that you took out in 2006, or was that still
outstanding?
A That was still outstanding.
Q Approximately how much was the balance by
2008?
A This is really a generalization. Probably 380,
390,000.
Q And at that point in 2008, did you start
thinking about doing something with this property in Hunt
County?
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A Yeah. Our plan was to turn it into a commercial
hunting operation where we sold upland game bird hunts
and trophy whitetail deer.
Q Had you ever done that before anywhere?
A I had not.
Q Did you have anybody to help you, since you had
never done it before, to do that?
A Well, we had some employees that helped.
Q How many employees did you have?
A Well, depending on the season and how busy we
were, there were contract guides and things of that sort.
We had a chef that worked for us and a maid and a couple
of ranch hands.
Q All totaled, how many do you think that added up
to?
A At its peek, probably six.
Q And were you -- in this time frame were you
trying to get this idea of yours going, living out there
on a daily basis?
A No, sir.
Q What about these six employees? Did you have a
place on the property for them to stay on?
A Some of them, yes.
Q And where were they -- where was the lodging for
them?
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A The lodging for them, there was a single-wide
mobile home inside the high fence, where one of my
employees and his wife stayed. There was another
single-wide mobile that was outside the high fence, just
down the road from the lodge, about maybe a half,
three-quarters of a mile.
Q And were they there when you acquired the
property initially in 2001?
A They were not. Those were improvements to the
property.
Q When did you purchase those?
A One of them was purchased in 2007, the one that
was outside the high fence. And the other one was
purchased in 2000, before I actually acquired the
property. I had had it at another place, and it was
moved there.
Q All right. So give me a time frame. How long
did you try to make a go at this business idea of yours
for this ranch?
A It was one full year that we were active in
trying to book hunts. And we went through one full
hunting season. The economy was getting worse and worse
every day. So we decided to put everything on hold.
Q Did you keep numbers, though, or track the
business for that one full season that you did try to
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make a go of it?
A Sure.
Q And what kind of information would you maintain
for that?
A We had to pay taxes and all that. We did not
make money with it. I distinctly remember that.
Q I was going to ask you. Does it cost a lot of
money, as far as monthly upkeep, for just expenses, like
utilities?
A Sure.
Q Do you remember, the last time that you fully
operated the ranch, about what you were spending for just
the monthly upkeep of the ranch?
A It's kind of a moving number. I'm not trying to
be cryptic. But depending on the weather or what you
were doing on the ranch -- if you had a bunch of hunters
out there, if you were buying birds to be hunted, that
was an expense. If it was cold, we had to buy a lot of
propane. That was a big number, generally. And the more
people you were having out there hunting, the more staff
you had to have to guide them. When I say staff, I mean
you had to have more bird guides and more people to clean
the rooms.
Q So there was a range, just depending upon what
was going on each month?
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A Yes.
Q Did you keep track of those numbers, though,
during the one year you tried to make a full go of it?
A Yes, we did. I remember, you know, just the
debt service on the ranch was, you know, right at $10,000
a month. We had taken out another $500,000 loan. I
think it was 2007.
Q All right. So earlier you talked about a 2006
equity loan that was taken out. You testified about
that. But you're saying a year later, you took out a
half-million dollar loan?
A Yes, sir.
Q What kind of loan was that?
A That was an equity loan, as well.
Q And then you said by 2008, the one balance on
the loan was about 380. What was the balance then on
this $500,000 loan?
A Pretty close to 500,000.
Q So none of it had been paid off?
A We had made payments, but amortizing it out, you
don't pay a lot of principal down.
Q All of that added up to about a $10,000 debt
service obligation per month or more?
A It's about -- right at $10,000, in just debt
service. That didn't include taxes and insurance.
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Q And the taxes and insurance on a property like
this ranch, did that vary month to month, or was that
pretty fixed?
A Taxes on the property had gone up substantially
after we improved it by building the lodge. It went from
around 6,000 to around 30,000 after the lodge was
completed.
Q From 6,000 to 30,000?
A Yes, sir. That's an annual number.
Q And so by the time that year when you made the
full go of the hunting season, were you paying taxes --
the increase of $30,000 by then?
A Yes.
Q So let's go back to 2008. You were talking
about -- what year was the year that you made the full
run of the -- trying to make a go of the hunting idea?
A 2009, I believe.
Q And you already said you didn't make any money.
What happened at the end of 2009's hunting season?
A Well, my partner said --
MR. BROOKS: Judge, I'm going to object to
anything his partner said.
THE COURT: Is it being offered for the
truth of the matter asserted?
MR. GROGAN: No, Your Honor.
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THE COURT: The objection is overruled, for
the purpose of showing why he did what he did next.
MR. BROOKS: I ask that the jury be
instructed to not take what Mr. Aycox says that Mr. Rao
said as the truth of the matter asserted.
THE COURT: They don't need an instruction.
Go ahead.
Q (BY MR. GROGAN) So what I asked is, in 2009,
after this season was over, what was the next step you
did? What did you do next?
A We collaboratively decided not to be open for
the next season.
Q Okay. And then what next step did that mean
that you took after that?
A We proceeded to put the ranch on the market.
Q And do you remember who you used to put the
ranch on the market?
A It started out with an Ebby Halliday agent out
of Dallas, Brian -- I don't remember his last name. He
was not as successful at getting the ranch sold as we had
wished.
Q How long did it stay on the market with the Ebby
Halliday listing, approximately? Do you remember?
A Approximately a year.
Q And so did you ever -- did any transaction
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happen out of the one year listing with Ebby Halliday?
A He brought a couple of buyers that actually went
on contract, but they were incapable of financing it.
Q And that was -- I think your testimony was
2009?
A Probably early 2010. Or maybe -- I'd hate to
speculate. I'm not real clear on exactly when that was.
Q I'm sorry.
A I'm not exactly clear on when we put it on the
market.
Q Okay. Did you ever get anybody on the property
through the listing with Ebby Halliday?
A Did anybody ever visit the property?
Q No. I mean, either buy it or lease it?
A No.
Q So what was the next step for you and your
partner when that didn't happen?
A I changed Realtors.
Q Who did you go to then?
A To No Fences Land Company.
Q And then when was the first time something
positive happened with your listing with No Fences Land
Company?
A Well, I'd hate to characterize the transaction
with Mr. Briscoe as positive. But I believe he was the
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first thing that happened to us.
Q Okay. Well, you mentioned Mr. Briscoe. Let me
talk about that. When you went to No Fences Land, first
of all, did you change anything about the way you were
marketing the property from the last year where it sat
and nothing happened on it?
A The price, I think, was adjusted a smidge.
Q Well, what's a smidge?
A I think we started out at 4 and a half million,
and dropped it to 3.8 million.
Q And anything else -- were any other improvements
done in the interim?
A No, no improvements, no.
Q Now, you were mentioning No Fences, and you
mentioned Mr. Briscoe's name. When is the first time you
remember ever having contact with George Briscoe?
A Well, there was a meeting. I got a call from
the No Fences guys. They said, there is a guy who's
interested in taking a look at your ranch. He may want
to lease it first as he attempts to buy it. Are you
interested in talking with him?
Q What did you say? What did you do next?
A I thought I'd give it a look.
Q And approximately how many days after that phone
call that you got from No Fences was it when you first
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met with George Briscoe?
A I think it was less than a week. It's hard to
recall exactly. But I think it was a week or so.
Q And where did y'all meet?
A At the No Fences office in Bedford, Texas.
Q And how long was that meeting for?
A If you include lunch, it was probably three
hours.
Q Were there any documents signed or any paperwork
exchanged at that meeting?
A No.
Q What was the next action that was taken
concerning you and Mr. Briscoe?
A After having my attorneys put together the lease
and contract that was combined, I don't recall. But I
think we were -- we were signing the lease in a couple of
weeks, I want to say.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) I want to show you what's in
evidence as State's Exhibit -- I believe it's No. 2. Is
this the lease and contract you were referring to that
you and your attorney put together?
A It is.
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Q Have you seen that before just right now?
A Yes.
Q When was the last time you reviewed that
document?
A Oh, I -- really sit down and look at it, just a
few days ago.
Q Let me ask a couple of more questions along that
line. Have you reviewed any other materials before you
came into court this afternoon?
A Yeah. I looked at a lot of emails that I've
had.
Q The emails that you had, who was involved in
those emails that you reviewed?
A Generally, me, the defendant, and the No Fences
Land guys.
Q Just to be clear, when you say "the defendant,"
who are you referring to?
A George Briscoe.
MR. GROGAN: Can the record reflect that
this witness has identified the defendant?
THE COURT: Sir, would you point to him and
identify an article of clothing he's wearing?
THE WITNESS: That man right there with the
greenish-gray jacket and yellow tie.
THE COURT: The record will so reflect.
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Q (BY MR. GROGAN) So I was asking about
materials, and you had said some emails. The emails --
focus on the emails. Did you turn those emails over to
anybody?
A I turned them over to the Hunt County DA's
Office.
Q Do you know how long ago it was that you gave it
to the office that I work for?
A Six and a half years.
Q When was the first time you ever talked to me
about this case, Mr. Aycox?
A I can't pinpoint the exact day, but I started
out with Keli Aiken. And I think we started talking, it
seems like, four or five months after that.
Q Do you remember if you delivered the emails that
you're discussing to Ms. Aiken or to myself?
A To you.
Q All right. So emails, and you reviewed that
document that's in your hand. What else have you
reviewed before getting on the witness stand this
afternoon?
A I think that's about it. I honestly can't think
of anything else I reviewed.
Q Before this week, have you talked to anybody
else, besides me or Ms. Aiken, about this case?
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A No.
Q All right. So back to Exhibit No. 2. You
identified that is this actual lease and contract that
you worked up. Did George Briscoe have a lawyer involved
in this transaction?
A Yeah. He had one out of Oklahoma named Wayne
Kennon.
Q Did you ever personally meet Mr. Kennon?
A I did not.
Q At some point, did you ever get any
correspondence from Mr. Kennon?
A I did via my attorney.
Q Let me go back then to -- after the meeting in
Bedford, do y'all come to an agreement, you and Mr.
Briscoe?
A Yes.
Q And is that agreement spelled out in State's
Exhibit No. 2?
A It is.
Q So the jury has already -- I believe the jury
has seen this. But the rent amount on that document
$13,000 a month, Mr. Briscoe, the defendant, was okay
with that?
A Yes.
Q What other information, either at that meeting
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or any other meeting before the paperwork was signed, did
the defendant ask you about? Did he want any other
information from you concerning the ranch?
A Not at the time of signing this agreement, I
don't think.
Q Well, you said that agreement gave him the right
to purchase. Was that your initial claim when you went
to list it with No Fences, is to do a lease-to-purchase
deal?
A That was not my original intent, no.
Q But -- and you said that you have been in this
business for -- the mortgage business for a while. Have
you ever done a lease-to-purchase option on a piece of
commercial real estate prior to this?
A Not on a commercial listing.
Q So the attorney that you got to help you with
this lease-to-purchase agreement, had you used him before
then?
A I had not.
Q And how did you go about finding an attorney
then to review and draft these documents to make this
happen, this lease-to-purchase?
A It was a recommendation from Jason Pettigrew at
No Fences Land Company.
Q Now, once he's prepared them and you got them,
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did you end up signing the document and, Mr. Briscoe, as
well, signed the document?
A Yes.
Q And the back of the Exhibit 2, if you'll look at
that, there's -- I think it's called Exhibit C, the
lease. Will you look at the very back of Exhibit C,
where it talks about the schedule of equipment?
A Sure. May I take the clip out?
THE COURT: He can, if it's not stapled,
sir, just as long as you don't get it out of order.
Q (BY MR. GROGAN) Do you have that document?
A I do.
Q Okay. That information that was provided in the
paperwork, who provided that information?
A I did.
Q And do you remember when approximately it was
that you accumulated that information on this equipment
listing before you -- when did you acquire that
information before you put it in writing?
A I already had the information for some time, but
I put it all on this list for this transaction.
Q So previously -- you've already mentioned this
property had been sitting out there on the market for
over a year -- you had not bothered to put together this
equipment listing?
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A I may have. There were some things that may not
have been on it. But it was probably some form earlier.
Q What, by you looking at that document today,
though, makes you think that you put -- that specific
equipment listing was put together specifically for this
transaction with Mr. Briscoe?
A In looking at the date on there, it may not have
been, because it's dated 2/1/2010.
Q Now, go back to the beginning of the lease
paperwork and -- or, if you can, look at State's Exhibit
2B1.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) I hand you State's Exhibit
2B1 --
(Pause)
Q Well, do you remember, while I'm looking for
2B1, approximately when it was that you and Mr. Briscoe
agreed to enter into this lease-to-purchase deal?
THE COURT: Let me interrupt. 2B1 has not
been admitted. That's why you can't find it.
All right. I'm sorry. Do you want to
repeat your question?
MR. GROGAN: I'm sorry. I believe it's
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2A1.
(Pause)
THE COURT: Did somebody need a break,
water?
Let's go ahead and take a break. Folks,
let's take about five or ten minutes. We'll come back
and get you.
THE BAILIFF: All rise for the jury.
(Jury left the courtroom)
(Recess)
(Open court, defendant present, no jury)
THE COURT: Let's bring them out.
THE BAILIFF: All rise for the jury.
(Jury entered the courtroom)
THE COURT: Thanks. You may be seated.
Folks, I've been advised by the attorneys
there's an agreement to take Mr. Richmond, who was called
earlier, out of order, which means we'll take him now and
then afterwards, resume with Mr. Aycox's testimony.
So the State calls Mr. Richmond at this
time?
MR. GROGAN: Yes, Your Honor.
THE COURT: Yes, Daniel.
THE BAILIFF: Yes, Your Honor.
(Witness entered the courtroom)
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THE COURT: Mr. Richmond, you're going to
come around behind this gentleman here and have a seat in
this witness box up here. Go ahead and be seated.
Mr. Richmond, I don't believe you've been
sworn yet; is that correct?
THE WITNESS: Correct.
THE COURT: Sir, if you'd raise your right
hand.
(Witness sworn)
THE COURT: Thank you. Sir, the Rule of
Witnesses has been put in place. Under that Rule, you're
not to be in the courtroom at any time that a witness,
other than yourself, obviously, is testifying. You are
not allowed to discuss this case with anyone or allow
anyone to discuss it with you, other than the attorneys
in this case. So you may not discuss your testimony with
any other witness or anyone else. You may not allow
anyone to discuss it in your hearing.
Sir, you may not read any report of or
comment on the testimony in this case.
Do you understand all those things?
THE WITNESS: Yes.
THE COURT: Thank you.
Mr. Grogan.
MR. GROGAN: Thank you, Your Honor.
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JEFFREY ALAN RICHMOND,
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GROGAN:
Q Sir, state your name for the record, date of
birth, and where you reside.
A Jeffrey Alan Richmond, 9/14/61. I live in
Greenville, 5816 Highway 224.
Q How long have you lived in Greenville?
A Fourteen years.
Q And what do you do for a living, sir?
A Diesel mechanic.
Q And have you reviewed -- have you ever testified
in court before?
A No.
Q Have you reviewed any materials prior to coming
to court this afternoon?
A No.
Q Have you talked to anybody concerning why you're
in court this afternoon?
A The attorney called a month or so ago.
Q Do you know if that attorney was with the
District Attorney's Office?
A Yes.
Q You said that was about a month ago?
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A Yeah.
Q Is that the only person you spoke with
concerning why you're here today?
A Yes.
Q So I want to turn your focus to about May of
2010.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) I'm going to hand you first
what's been marked as State's Exhibit No. 20. Tell me if
you're familiar with this document.
MR. BROOKS: Judge, can we approach?
THE COURT: Yes.
(At the bench)
MR. BROOKS: Judge, I'm going to object to
any testimony concerning this document. These documents
have not been previously provided to me. I've never seen
them until today. I don't know whether the State did or
didn't have these documents. It's not something that was
previously provided to me.
MR. GROGAN: Probably, we'll probably need
to take this up outside the jury's presence.
THE COURT: Folks, I'll ask you to step
back to the jury room for a moment. We'll be right back
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with you.
THE BAILIFF: All rise for the jury.
(Jury left the courtroom)
THE COURT: All right. Thanks. Y'all may
be seated.
Yes, sir.
MR. GROGAN: This is off the record first.
THE COURT: Okay. It can be.
MR. BROOKS: That's fine.
(Off-record discussion)
THE COURT: We'll proceed without your
exhibits.
MR. GROGAN: Just to be clear, Your Honor,
I can't offer the exhibits. He can testify from the
exhibits to refresh his memory.
MR. BROOKS: He can't testify from the
exhibits.
THE COURT: Well, to help refresh his
recollection, he can, but, again, they're not going to
get in front of the jury. But if needs -- and you'll
first have to lay a predicate he needs his recollection
refreshed. But if it's a document that's not going to be
offered into evidence, if he believes it will help him to
refresh his recollection, I don't know of any rule that
prohibits that.
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MR. BROOKS: But the predicate has to be
established first.
THE COURT: But the predicate has to be
established first, that he needs the document to refresh
his recollection.
MR. BROOKS: I'd like to have him on voir
dire outside the presence of the jury.
THE COURT: Concerning what?
MR. BROOKS: Whether he needs these or not.
To have him now say, oh, I need to look at those, and
wave them in front of the jury --
THE COURT: No. I think this witness
understands, and if he doesn't, I'll remind him now that
he's under oath. He has to answer all questions that
he's asked truthfully. If Mr. Grogan establishes a
predicate, he does. If he doesn't, he doesn't. But I'm
not going to do a voir dire on a witness for you to see
first if he needs to have his recollection refreshed.
All right. Bring them out.
THE BAILIFF: Yes, Your Honor.
All rise for the jury.
(Jury entered the courtroom)
THE COURT: All right. Thanks. Everybody
can be seated.
Mr. Grogan, sir, when you're ready.
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MR. GROGAN: Thank you, Your Honor.
Q (BY MR. GROGAN) Sir, before we left off, I was
approaching you. I want to ask. You do you remember
signing something back on May 24, 2010?
A Signing something?
Q A document.
A I don't remember signing anything, no. I had
somebody else sign something.
Q Do you think it would refresh your memory to
look at a document that was dated on that date?
A Yeah.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes.
Q (BY MR. GROGAN) I hand you what's been marked
as State's Exhibit 20. It's not in evidence. So you
can't read it out loud. Will you just look at this
document and tell me if that refreshes your memory for
the events of that date?
A I remember this document.
Q Is your memory refreshed for this event?
A Yes.
Q You can put the document down, sir.
What exactly -- what did you do, then, on
May 24, 2010?
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A Purchased a bulldozer.
Q And how much did you pay for the bulldozer?
A 2500.
Q And was that cash or check? Do you remember?
A I think it was cash.
Q Who was the person that you bought the bulldozer
from?
A It was, like, a hunting camp, a lodge.
Q So you dealt with a lodge, or did you deal with
an individual?
A As far as I know, I was dealing with the lodge.
Q Who did you -- did you say the $2500 was cash or
check?
A It was cash.
Q Who did you deliver $2500 for -- who did you
give that to in exchange for the bulldozer?
A It was the guy that was taking care of the
maintenance and the property. I gave him the cash, and
he gave me a receipt.
Q And is that the only documentation that was
exchanged, was this receipt?
A Yes.
Q And the guy that gave you the receipt, that's
the only person, then, that you had any contact with
concerning the bulldozer?
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A There was another worker running around and
doing stuff. He was just helping us load the machine. I
don't remember who that was.
Q Would it refresh your memory to look at Exhibit
No. 20 to see if you remember who either of these people
were?
A Yeah. It's been a long time.
Q Look at Exhibit No. 20 and see if your memory is
refreshed. Do you remember either of their names? And
if you don't, just say you don't.
A No, I don't.
Q Thank you, Mr. Richmond.
MR. GROGAN: Pass the witness.
THE COURT: Mr. Brooks.
CROSS-EXAMINATION
BY MR. BROOKS:
Q Sir, do you know an individual by the name of
Ray April?
A No.
Q And other than going out -- I guess other than
this one transaction, have you ever been to the hunting
ranch?
A No.
MR. BROOKS: Pass the witness.
THE COURT: Anything else, Mr. Grogan?
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MR. GROGAN: No, Your Honor.
THE COURT: Thank you, sir. You may step
down, and you are excused. I will remind you, sir, that
you are under the Rule. So please don't discuss your
testimony in this case with anyone or allow anyone to
discuss it with you or in your hearing.
Please leave a phone number with the
District Attorney's Office before you leave so that they
can reach you, in case your further testimony is needed.
Thank you, sir.
All right.
Daniel, if you'd bring Mr. Aycox back in as
you go.
THE BAILIFF: Yes, Your Honor.
(Witness entered the courtroom)
THE COURT: Come on back up, Mr. Aycox, and
have a seat.
THE WITNESS: Thank you.
THE COURT: Yes.
All right. Mr. Grogan.
MR. GROGAN: Thank you, Your Honor.
DIRECT EXAMINATION RESUMED
BY MR. GROGAN:
Q Mr. Aycox, when we left off, I was having you
look at State's Exhibit No. 2. Do you still have that up
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there? And either from looking at Exhibit No. 2 or if
you just remember it on your own, do you remember when it
was when this agreement between you and George Briscoe
approximately went into effect?
A I don't have it with me up here. But I believe
it was somewhere in the middle of July, if I remember
correctly, 2011.
Q So you think that this agreement between you and
Mr. Briscoe started in July of 2011?
A I think so, yes.
Q All right. Well, then, what was the next thing
you remember after the agreement started? What happened
next?
A This is really shooting from pure memory. There
was some back and forth between Mr. Briscoe, his
foundations, and -- as to getting approval of the -- them
buying the ranch from him and so forth. I think around
-- it might have taken 90 days or so to actually get an
earnest money check and an option fee to a title company,
if I remember correctly.
MR. GROGAN: Your Honor, ask permission to
approach the witness.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) I want you to look at these to
yourself, Mr. Aycox.
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A Sure.
Q First, I want to hand you what's been marked
State's Exhibit 1D. Can you read what's on that? I
don't want you to read it out loud. But can you read it?
A I can.
Q Is that one of these communications you were
talking about between you and Mr. Briscoe?
A It is.
Q And how do you know for sure, from looking at
that exhibit, that that was a contact between you and Mr.
Briscoe?
A Primarily by the content. And it is from George
Briscoe.
Q And what's the date on this communication?
A February 3rd, 2011.
MR. GROGAN: State offers what's been
marked State's Exhibit 1D. I'll show it to defense
counsel.
Q (BY MR. GROGAN) While defense counsel is
looking at 1D, I'm going to hand you what's been marked
1C, 1B, and 1A. Look at all three of those.
A Okay.
MR. GROGAN: Actually, for the purpose of
the record, I'm going to mark it 1A, 1A1, and then have
one marked 1B, 1B1, 1C, and 1C1.
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Q (BY MR. GROGAN) Again, look at these, and tell
me again --
MR. BROOKS: Can I look at this before he
continues to ask questions?
THE COURT: Go ahead, Mr. Brooks.
Just so Mr. Brooks can pay attention while
you're asking other questions.
I am going to let the witness look at these
as you go on.
MR. BROOKS: Judge, as to 1D, we have no
objection.
THE COURT: State's Exhibit No. 1D is going
to be admitted at this time.
(State's Exhibit No. 1D admitted)
Q (BY MR. GROGAN) Mr. Aycox, go ahead and look
through the other ones. Tell me when you've looked
through those.
(Pause)
Q Have you had an opportunity to look through them
all?
A I did.
Q And, again, who are these communications
between?
A George Briscoe and myself.
Q Is it concerning the same subject matter as the
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other one?
A It is.
MR. GROGAN: I'm going to show, for purpose
of the record, these other exhibits to defense counsel.
State moves to offer into evidence State's Exhibit 1A,
1A1, 1B, 1B1, 1C, and 1C1.
Q (BY MR. GROGAN) And lastly, I want you to look
at these: 1E, 1E1, 1F, and 1F1.
(Pause)
MR. BROOKS: Judge, I don't have any
objections.
THE COURT: All right. State's Exhibits --
sorry -- Nos. 1A, 1A1, 1B, 1B1, 1C, and 1C1 are admitted
at this time.
(State's Exhibits Nos. 1A, 1A1, 1B, 1B1,
1C, and 1C1 admitted)
MR. GROGAN: Thank you, Your Honor.
Q (BY MR. GROGAN) Mr. Aycox, last thing. Did you
have a chance to go through -- did you have a chance to
go through the exhibits that were marked 1E, 1E1, 1F, and
1F1?
A I did.
Q And, again, who was the communications
between?
A George Briscoe and I.
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Q Same subject matter?
A Yes.
MR. GROGAN: For the purpose of the record,
I'm showing defense counsel these exhibits. And the
State moves to offer these exhibits.
(Pause)
MR. BROOKS: Judge, as to 1C and 1C1, no
objection. 1F --
THE COURT: I'm sorry. Do you mean 1E and
1E1?
MR. BROOKS: Thank you.
THE COURT: 1E and 1E1 are admitted.
(State's Exhibits Nos. 1E and 1E1 admitted)
THE COURT: Counsel, come up.
(At the bench)
MR. BROOKS: Judge, this one, 1F, is not
between Mr. Briscoe and Mr. Aycox. It's between Mr.
Aycox and Dan Ward.
THE COURT: Okay.
MR. GROGAN: I'm sorry. You're right.
State will withdraw 1F and 1F1.
THE COURT: Court takes note.
MR. GROGAN: I ask permission to publish
all of these exhibits, 1A through 1E1.
THE COURT: Yes, sir.
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Q (BY MR. GROGAN) Mr. Aycox, I want to look at
the date here for a second. Let's start with 1E. Can
you see from there?
A Yeah. I think I can make it out.
Q Can you see that?
A Yes.
THE COURT: All right. One second for Mr.
Brooks and Mr. Briscoe. We've turned it again. So you
can come up where you can see it.
Q (BY MR. GROGAN) So specifically, Mr. Aycox, on
1E, you've already testified these are emails between you
and Mr. Briscoe. What's the date that that email from
Mr. Briscoe to you is?
A May 16, 2011.
Q So what's the -- just summarize. What is the
basis of this conversation from Mr. Briscoe to you?
A Generally the back and forth between George
Briscoe and I about --
MR. BROOKS: I object as nonresponsive. He
said to summarize this conversation.
THE COURT: The objection is sustained.
Q (BY MR. GROGAN) Not asking you to summarize all
your dealings. This specific email, just for this
portion, summarize it.
A Getting current on his lease.
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Q So I've got to have -- you mentioned a minute
ago that this lease didn't start until July of 2011. Is
that a misstatement? Because you were obviously talking
about getting current, and it's May of 2011.
A Perhaps. It's been so long.
Q I understand, Mr. Aycox. But if you don't
understand something, just let me know. If you don't
remember something, let me know that, as well. Do you
need to refresh your memory about when this lease
started?
A I probably should, if that's the case.
Q Let me hand you State's Exhibit No. -- I hand
you State's Exhibit No. 6. For the purpose of the
record, will you read what the reference number is on the
check in that exhibit -- within Exhibit No. 6?
A Reference number, is that --
MR. BROOKS: Excuse me, Judge. If the
witness knows what the reference number is. I don't need
Mr. Grogan pointing out a reference number to him.
Q (BY MR. GROGAN) Can you find the check number
on this check so that we know what you're referring to?
A I can find the check number. It's 3000.
Q What's the date of the check?
A 10/26 of '10.
Q And who was it made out to and how much?
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A It's made out to Clete Aycox for $13,000.
Q So what would that be a form of payment -- and
who -- what is that for?
A That's for one month's lease payment.
Q And whose account is that drawn off of?
A It is drawn off of Chase account, JP Morgan
Chase.
Q So that means that you already know for sure
that he was on your property by October of 2010?
A Yes.
Q All right. Now that you've seen that document,
do you need more documents to look at, or do you have a
better idea of when he actually started on your property
here on Coyote Crossing Ranch?
A If I'm being honest, I need to know exactly when
it started. Because, like I said, there was a lot of
back and forth over that number and getting current.
Q Well, let's do it this way, Mr. Aycox. Let's
just go through the emails, then. On State's Exhibit 1E,
May 16, 2011, what was the status, as far as Mr. Briscoe
and his rent with you at that point?
A Would you like me read that?
Q I'm just asking you at this point. I'm asking
for your testimony. What was the status of his rent?
A George was behind on his rent.
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Q Was this the first time you had an email
conversation about him being behind on his rent in May of
2011?
A I am not sure.
Q So let's go then to State's Exhibit No. -- let's
pick up with this one. State's Exhibit 1B and 1B1.
Start back with 1B1. I'm sorry. Start with 1B.
Starting here towards the bottom where George is talking
to you, what is the -- what is he talking to you about in
this Exhibit 1B?
MR. BROOKS: I'm going to object to Mr.
Grogan testifying. We don't have any evidence yet as to
who's talking to who or who started it and what this
conversation was.
THE COURT: All right. Well, the document
speaks for itself. Overruled.
Go ahead.
Q (BY MR. GROGAN) So what is the summary of --
can you read from there, Mr. Aycox?
A It's a bit of a struggle, but I can maybe sneak
a little closer.
Q This isn't the first time you've seen these
emails, right?
A No. I've seen them before.
Q Your testimony was that you sent them to me.
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A Correct.
Q So -- all right. So summarize what this email
is about.
A I'm struggling seeing it.
Q What does the last line mean to you? I will --
THE COURT: His problem is not he doesn't
understand it. He's saying he can't see it. Do you want
him to step down?
Q (BY MR. GROGAN) Can you stand with your back?
A If I can hold onto something.
THE COURT: We can get you a chair to sit
in, yes, sir, right there. That way, at least you can
see the thing and --
If he's going to be down here, why don't we
move him over there.
Before you start, I don't mind you sitting
in that fashion. That's fine. But I need you to --
you're probably going to have to turn a little when you
give your answers so the jury can hear you. Speak out
loud and clear.
Q (BY MR. GROGAN) On 1B, can you read this
paragraph now and tell me a summary of what the gist of
this email was?
A The summary is that Dr. Warner, that was
involved with one of the foundations, and Dr. Borella had
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talked together about Coyote Crossing Ranch. The bottom
of it is that George will -- says he will make another
payment of $13,000.
Q Okay. And then did you provide a response to
this email that's also in Exhibit 1B?
A Yes, I did.
Q And did you lay out in this email to Mr. Briscoe
what the actual financial arrangements would be on the
rent?
A I did.
Q And at this point in the conversations with Mr.
Briscoe, at least through the emails, are you still
working on the purchase part of this lease option?
A Yes.
Q Okay. How are you working on that?
A I'm trying to hold up my end of the bargain.
I'm trying to -- I'm staying out of the way, trying to
facilitate anything between the Realtors and Mr.
Briscoe.
Q Okay. Now I'm going to put up here 1E1. And
what did you take that to mean, this line here at the
top, from George?
A It means -- in my mind it meant that he wasn't
going to pay me when I requested it. But he says he's
not going to evacuate in the middle of the night.
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Q On State's Exhibit 1D -- on 1D, how did you
interpret this email from Mr. Briscoe to you?
A Essentially, George was saying that the loan is
near approval, and I'll be getting some confirmation of
that soon.
Q And what's the date?
A February 3, 2011.
Q Okay. Is this the first time that you've been
provided any information from Mr. Briscoe about a loan
for possibly buying the property, or had you already been
talking with him previous to this email?
A There may have been a couple of mentions prior
to that.
Q And then let's go to -- and then did you -- had
you sent him -- what was your message to him before that
on the same Exhibit 1D?
A Would you like me to read it out loud?
Q Well, what is the summary of it? What's the
summary of this? What are you sending him before he gave
you that response?
A I was asking where he was on bringing me up to
date on his lease payments and could he provide me any
additional information on the loan that he was applying
for.
Q All right. And then I show you State's Exhibit
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1C. You looked at this one a minute ago. What was the
summary of this email from Mr. Briscoe to yourself?
A That, as he says, he's on it. He's telling me
all the reasons why I should give him some time, that
he's got hunts scheduled, money coming, and he was
actively working with the lender.
Q And what's the date of this email to you?
A December 7th, 2010.
Q So now, based on that email, is this the first
time you remember getting correspondence from George
concerning funding for the loan, or could there still be
more before this?
A I don't remember exactly. There may have been
one reference to a lender, the Quincy McKnight fellow,
but that was early on in the talks about financing.
Q I'm going to show you now what's been marked
State's Exhibit 1D [sic]. What were you trying to get
across to George when you sent him this email?
A Well, George had invited me out to the ranch to
hunt. It was pretty nice that he did that. But I did to
remind him that there was still $17,000 due.
Q So based upon this email -- and I'm sorry.
What's the date on this email?
A The date is December 7, 2010.
Q And you've already testified his monthly rent
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obligations were 13,000. And you haven't been able to
establish when for sure he moved on the lease. But
you're saying at least by December 1st, he was already
behind by a total of 17,000?
A Yes.
Q Let me go through these last two then. I want
to ask you about 1A -- or actually -- I'm sorry -- 1A1,
do you remember this email? If you do, what was the
purpose of you sending this email to Mr. Briscoe?
A That was my notice to George that we were
nearing the end of our relationship. He had stated to me
that there was a hunt that he wanted to get before he
left the ranch, and I told him the conditions of that
happening and all the conditions, that we were going to
start to show the ranch to other buyers. And I gave him
what my thoughts were on making that happen, so as to
make it work for both of us.
Q Okay. And the date on this email from you to
George?
A June 30, 2011.
Q So in a minute I'll ask you. But did things
happen then between this email and the one you just
talked about, where you were trying to work with him on
the funding?
A A lot, yes.
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Q State's Exhibit 1A, what is --
Oh, I guess, what was George's response to
your email that you just talked about?
A That he has no objections, that he does have a
question. He says he's been working with his bank. They
want to order an appraisal on the equipment or the
broker's opinion of value.
Q And just to be clear, the date again on his
response to your email?
A June 30, 2011.
Q Has the ownership status changed of any of the
equipment on the ranch or the ranch on the date that he's
responding to your email?
A None, whatsoever.
Q Now, did you give him a response to what he just
sent to you?
A Yes, I did. He basically asked me if there was
still a way for him to purchase the ranch. And I said,
yes, there's absolutely a way. I'd rather you buy it.
Q What was the reasons at that point to still tell
Mr. Briscoe that, yes, you still would prefer him to buy
it? Why were you saying that to him in an email?
A He was there. And, you know, I would have been
in better shape had he bought it, instead of, you know,
leasing it.
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Q Okay. Thank you, Mr. Aycox. For now, you can
go back to the witness chair.
Do you remember the first month it was when
he had not been on time with his rent payments,
approximately?
A Approximately, I think the first three payments
were timely.
Q Okay. And, again, you don't know, do you, right
now?
A I don't know exactly which months those were.
But I distinctly remember that they were -- they were on
time. There was some -- there was some time that George
performed properly.
Q How much did he have to give you at the move-in
on the lease?
A I think it was first and last month's, 26,000.
Q And already mentioned that at some point the
defendant, Mr. Briscoe, let you come out to do a hunt.
How many times total did you come out to your property,
Coyote Ranch, while he was on the property?
A Probably around five or six.
Q And let's break -- what were the purposes for
all those visits?
A Well, they varied. One was to come out and
hunt. There was a couple or three times where I went out
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to try to collect money from George.
Q Okay. And then what about the other times?
A And there were a couple of times when we had a
prospective buyer that wanted to see the ranch, and I
wanted to be there the first time. The second time, my
Realtor, Brad Abel, was unavailable to show the people.
So I came out and showed it myself.
Q And on all of these five to six visits, did you
meet and talk with George Briscoe while you were out
there?
A Yes. Yes.
Q So on the ones -- you said at least two times to
collect the rent. Were you able to collect rent on those
visits?
A No.
Q What kind of conversations would you and Mr.
Briscoe have on his visits, then?
A He would outline to me what he thought was the
most likely way he was going to pay me.
Q Pay you to buy the property or pay you for the
rent?
A For the rent.
Q On any of these visits out to the ranch, did he
ever have discussions with you about how he was going to
buy the property?
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A Sure. Yeah.
Q Did he provide any other information, other than
what we've already discussed in these emails?
A There was one time we were there when he had a
conference call with a Dr. Kendall Brune. That's a
professor at some school in Oklahoma, with some avenue
that George wanted to try. It was not fruitful.
Q And was that the reason you were out there, for
this conversation call, or that just happened to go on
while you were out there?
A Happened to go on while I was out there.
Q To the best of your memory, do you remember at
least the timeline about how long Mr. Briscoe ended up
from the beginning of the lease until he was off the
lease, how long he was there for?
A Just a smidge over a year.
Q And do you remember the circumstances about his
last day on the property?
A Yes, I do.
Q Tell the jury about that last time he was on the
property.
A He had -- I had gone out there to see what the
status of George's occupancy was. And the gate to the
lodge was overlocked with a chain.
Q What did you do once you noticed the gate had a
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lock and chain?
A I called the Hunt County Constable.
Q Is this first time you had ever called the Hunt
County Constable for assistance out at your property?
A No. There was another situation. He had been
out there before, and I had met him once before.
Q Let's talk about that for a second. When was
the previous situation, did it involve George Briscoe?
A It did not involve George.
Q So did you actually have somebody on this
property before George Briscoe?
A There was guy that was there about two weeks,
three weeks, that was wanting to film a hunting show. We
discovered he was not honest, to broaden the scope of
that word. And I called the Hunt County Constable and
the game warden. We had him removed.
Q Was there any written agreement drafted up for
this previous person that was on there for two to three
weeks?
A No.
Q What was your understanding? What were you
allowing him to do on your property?
A He was going to film a hunting show. He had the
American Sportsman's franchise. And he was getting set
up to film a show, and he was not honest.
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Q Well, did one of the Realtor names that you
used, either No Fences or Ebby Halliday, find him?
A No.
Q So you said after a few weeks, you contacted the
constable's office and the game warden.
A Yes, sir.
Q Were you out there when they came onto your
property?
A I was.
Q What happened when they came onto the
property?
A He was having some sort of family reunion out
there, and the game warden -- his name was Dale Waters --
explained to -- I think the guy's name was Lewis; I don't
remember his last name -- but that he needed to vacate
the property and was trespassing. And I remember him
saying, there's two ways to leave here, my truck or
yours.
MR. BROOKS: I'm going to object.
THE COURT: Sustained --
MR. BROOKS: It's hearsay.
THE COURT: -- as to hearsay.
Sir, generally, you can't repeat what
someone else has told you.
THE WITNESS: Yes, sir.
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THE COURT: Mr. Grogan.
Q (BY MR. GROGAN) Do you remember if he ended up
leaving with the assistance of anybody in law
enforcement, or did he leave on his own?
A He left on his own.
Q By the way, did this guy at least pay you any
money? Was there an agreement about getting any money
out of this?
A No.
Q So after that incident, is that the only other
person before George Briscoe that had been on your
property?
A That's correct.
Q And do you remember the time difference between
that incident when the constable and the game warden came
out and this guy was told to get off before Mr. Briscoe
came onto the property?
A Not really. It was a few months.
Q And when he came onto the property, do you
remember who came with him? When I say "he," I mean Mr.
Briscoe.
A I think it was his wife. Yeah. His wife was
there.
Q Those are the only two people you remember?
A Initially, yeah. I did meet other people
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associated with him after he had gotten on the ranch.
Q So when you were talking about the number of
times you had been out there when he was on the property,
are you including this -- is this going to be one of
those times where you saw him, coming on the property, is
the very beginning?
A When I stated that I had been out there five or
six times, that was George's entire tenure at the ranch.
There was maybe two times prior to him signing the
agreement.
Q And is that pretty standard in the real estate
business, to come out and look at a property before the
agreements are signed?
A Absolutely.
Q And when y'all did those prior trips out there,
did y'all go over the equipment that you had on the
property that you listed out in State's Exhibit 2?
A No. I mean, we didn't go and look at it or
anything. There was a schedule that was given to Mr.
Briscoe prior to signing everything.
Q And did he have any questions after you provided
the schedule or during those inspections about any
equipment?
A I don't think so.
Q Now, did George make you aware of what his
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intents were when he started on this property as a lease
about what he wanted to do with the property?
A Yes.
Q And when did y'all have those discussions?
A The very first time I met Mr. Briscoe, he had a
nice PowerPoint presentation prepared.
Q And basically, what was he -- did he advise you
about what he wanted to do with your ranch?
A That he had a foundation that was primarily for
the -- to help underprivileged kids.
Q And what was he -- so the ranch had something to
do with a foundation -- I'm sorry -- did you say
underdeveloped kids?
A Underprivileged.
Q Okay. And so that was part of this presentation
the first time you met him; is that correct?
A Uh-huh.
Q And is that all --
A Yes, sir.
Q And did you find out as time went along with Mr.
Briscoe about -- more about this foundation?
A I found out that Dr. Warner was George's mother.
That wasn't disclosed to me up front.
Q When was the first time you found out that Dr.
Warner was George Briscoe's mother?
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A It was probably -- this is a guess -- probably
six months into the deal.
Q And do you know what group or how she was
involved at all with George and this ranch?
A She was the -- she had the foundation.
MR. BROOKS: Object, unless there's a
predicate established that this information is coming
from Mr. Briscoe.
THE COURT: Sustained, since it's about Dr.
Warner.
Q (BY MR. GROGAN) Mr. Briscoe, did he ever share
any information about her involvement with the ranch, his
mother, Ms. Warner?
A No.
Q So where did you find out? Where did you find
out about her relationship, if any, to this ranch?
A Correspondence from the Realtors. I was
attempting --
Q So correspondence from the Realtors?
A Yes.
Q And what were the Realtors' names?
A Dan Ward, Brad Abel, Jason Pettigrew.
Q I know you said a minute ago Mr. Briscoe never
told you anything about his mother's relationship to the
ranch. But once you got this correspondence from the
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Realtors, did you go and confront Mr. Briscoe about what
you had found out about his mother being involved?
A I did not.
Q Well, when you found out about her potential
involvement, did that change the way you approached your
email correspondence with Mr. Briscoe, as far as trying
to facilitate financing so you could get this deal
done?
A I just felt odd that it wasn't disclosed.
MR. BROOKS: Objection. It's
nonresponsive.
THE COURT: Sustained.
Sir, he asked if it changed the way you
approached getting the financing done to get this deal
closed.
A It did not change the way I approached getting
the financing done. That was Mr. Briscoe's job. It
did --
MR. BROOKS: I'm going to object to
anything after that as nonresponsive.
THE COURT: Sustained. Although I may have
misspoken when I gave him the question.
Next question.
Q (BY MR. GROGAN) So did it -- if any, what part
of your relationship with George Briscoe changed? You
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already said it didn't change the way you -- getting
financing. Did it change any part of your relationship
with George when you found this out from the Realtors?
A It made me trust him less.
Q Is that the first incident that caused you to
trust George Briscoe less?
A No.
Q When is the first incident that happened?
A I can't give you a date.
Q What was it over?
A It was over payment of the lease and excuses for
not paying the lease.
Q Were there more occasions between that one and
this one that we just talked about, the finding out about
the mother?
A There were several.
Q Were all the other ones related to payments
about the lease?
A Yes, sir.
Q So just to make sure, the only incidents you had
about his trust is about rent payments, then, except for
this incident with the mother?
A Yes.
Q Did you get anybody else involved, as far as
trying to collect rent from George Briscoe?
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A I did not.
Q By the way, did you -- what was the name that
you owned the ranch in back in 2008?
A Chigger Ridge Ranch was the name of the LLC,
doing business as Coyote Crossing Ranch.
Q So you had already named this place Coyote
Crossing Ranch before George got involved?
A I did.
Q And by the way, talking about your operations of
the ranch, did you turn over any information about your
operations, specifically that one full hunting season, to
George Briscoe at any time?
A There were computers left there with our
customer base on it. I know that George did have some of
our customers out there after he came to the ranch.
Q Well, was that part of any of the written
agreement in State's Exhibit 2, about you providing
information about your business?
A There was not.
Q Well, did he make -- did he ask you questions
prior to signing the contract and the lease option about
wanting that kind of information or making that a
condition of him signing on to get on the property?
A No.
Q What about going over your financials? You said
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earlier that one year you did it, you didn't make any
money. Did he ever ask you about how profitable it was
the year you tried it?
A He asked -- he said that a lender was requiring
that, and I declined to give him any of that
information.
Q So was that in writing that he asked for that,
or by phone, email?
A It was in an email.
Q In this timeline -- and I know you haven't
really established it exactly -- but when do you think
approximately that email from George was to get that
information so he could give it to his lender?
A It was early on, I would say within the first
three or four months he was there.
Q Okay. At that point -- okay. At that point,
was he already behind on his rent?
A As I said earlier, the first three months, he
was timely.
Q So if this is the three-to-four-month period on
the lease -- I don't know. Which one is it? You don't
know then if he was behind on his rent at that time?
A It would be difficult to say.
Q Let me ask you. If you knew from the beginning
that you were entering into a lease-to-purchase option
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with Mr. Briscoe and it's in this three-to-four-month
range and he's found somebody and they just want you to
provide some information, why was your answer no?
A I didn't feel like it was any of his business.
I wasn't selling a business. I was selling real
property.
Q How would you describe that your relationship
had been with George up to that point?
A It had been fine.
Q Did it change after that incident?
A After that specific incident?
Q That specific one where he asked you for the
information in the email and you said no.
A That didn't have any material change on my
relationship with George. His inability to pay the rent
on time is what changed my relationship with George.
Q Do you remember any other additional requests,
specifically by emails from George, about getting help --
to help him obtain financing so that he could buy Coyote
Crossing Ranch?
A I do. There was an email that George got pretty
upset about. It was -- a lender was asking for a
mortgage statement on the ranch. And, as I recall, I had
been in the mortgage business for quite some time. And a
mortgage statement was something that, to my knowledge,
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didn't exist. I asked George, you know, if they wanted a
statement of our liens that were on the ranch or
something else. And, as I remember, George was stating
that the lender was pretty mad over it, and it was
nonsensical.
Q That incident, was that before or after the
incident where he told you he needed this financial
information about your --
A It was after.
Q Any other incidents besides these two, as far as
George coming and trying to get assistance with some of
these -- his funding people?
A Not that I recall.
Q At any time were you made aware of a company
called VPW, LLC?
A I had seen that on a letterhead, yeah.
Q Will you look at State's Exhibit No. 2 for me.
Do you have that still up there somewhere?
A I do.
Q Either look at the purchase contract or the
lease and tell me if VPW, LLC is a party on every one of
those transactions?
A Yes, it is.
Q So which document is it on, the lease or the
purchase contract?
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A On the contract.
Q And you already testified that the contract --
who prepared the contract, if you remember, and the
lease?
A I'm --
Q Do you remember?
A -- pretty sure it was the Realtors, No Fences
Land Company.
Q Would they have all been done at the same time
and before he moved onto the property?
A Yes.
Q So then --
A Let me restate that. I don't think the contract
was actually executed until George had already been on
the property and had been there for a few months.
Q But he had the option to purchase included in
the lease, which was done up front; is that correct?
A Yes.
Q And at least on the contract that we're looking
at, does that have a date, as far as when you signed off
on it and when you first became aware in that document of
VPW Management?
A The date on the contract shows the option fee
received, 3/25, 2011.
Q So is it possible -- did you know about VPW and
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who was involved in this company before that date that's
listed on that contract?
A I was probably aware that VPW Management Company
was George Briscoe. But I didn't --
Q Well, you were running an LLC yourself, right?
A Yes.
Q Do you know kind of what the purpose is, as far
as from a business point of view, of forming an LLC?
A I do.
Q Are there benefits from being in an LLC?
A It's a limited liability.
Q Right. So if you're going to do business with
somebody and do contract stuff, do you want to know maybe
if there's more than one member of VPW Management?
A You probably should. I did not.
Q All right. So you do the lease. By the way,
since we're talking about this. Does the lease
paperwork -- just look at the first page of Exhibit C.
Does it indicate the party that you're doing this lease
with is VPW or George Briscoe, or does it say?
A This is a farm and ranch contract, not the
lease.
Q I'm asking you to look at the lease now, not the
contract. Who was the party that you were entering into
that lease transaction with?
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A It's between Chigger Ridge Ranch and VPW
Management, LLC.
Q All right. So you've already testified that the
lease possibly came before the purchase contract.
A Yes, sir.
Q So it is possible now that you knew you were
dealing with a company called VPW before Mr. Briscoe even
got onto the property?
A Sure.
Q Now, so you talked about information that was
exchanged. Did Mr. -- before the lease transaction was
done, did George Briscoe ask for any information about
who you potentially had -- clients that you had had
during your one full season on the property?
A I don't recall him ever asking.
Q Do you remember if there was any separate
agreements, outside of what's been marked Exhibit 2, as
far as your obligations to provide George information to
possibly make his business grow: client list,
information about how you run the business, what it cost
to run it? Was there any outside agreements, outside of
Exhibit 2?
A There were not.
Q And do you remember after the agreement -- after
he was on the property, did George ever come to you and
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ask for this information, specifically information about
who his previous clients were?
A I don't think so.
Q Now, you've already testified that there was one
occasion in an email where he wanted you to provide
financials, and you said no. Did you ever have any
contact at all with any of the potential financiers for
George?
A Yes. I talked to Quincy McKnight.
Q How many times did you talk to Quincy
McKnight?
A Three to four, several.
Q And who would set those -- how did you speak to
him, person, phone or email?
A Phone. And there were some emails, I'm sure.
Q And who would set those phone calls up, at
least?
A I would -- I got his number from something. I
may have looked it up on the internet. And I called him
directly.
Q So --
MR. GROGAN: Ask permission to approach the
witness.
THE COURT: Yes, sir.
Q (BY MR. GROGAN) I want to show you -- I'm going
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to show you what's entered into evidence as State's
Exhibit 10A, second page. Have you ever seen that
document before?
A No, I have not.
Q Go ahead and look through the pages behind that.
(Pause)
Q This is the first time you've seen all of those
pages?
A Yes, sir.
Q So you don't know who put that together, do
you?
A No.
Q But as you're looking at specifically some of
those pages behind that, are you familiar with some of
the items that are listed on those pages?
A Sure.
Q Okay. How are you familiar with those items
that were listed on those pages?
A Well, one thing that jumps out at me on the
first page of the equipment inventory list is a timber
axe flail/mulcher. I owned that.
Q So do you remember earlier you looked at Exhibit
2 and looked at that last page, and there was equipment
stuff on there?
A Yes.
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Q And I think you testified that you put -- that
you put that information on there. Did you provide the
information for what's on those pages in State's Exhibit
No. 10A?
A This?
Q Yes, that.
A No. I didn't expressly provide this. This was
-- he could have got it off the other schedules.
MR. BROOKS: Judge, I'm going to object to
nonresponsive.
THE COURT: Sustained.
Q (BY MR. GROGAN) Was there any indication from
looking at those documents about when the property that's
listed on there and the values was prepared, just by
looking at that?
A I see no date referenced on the actual
document.
Q Okay. But let me ask you this. Where would you
have documented -- before you turned the property over to
George Briscoe in the lease, what other document, besides
that one document you looked at earlier, State's Exhibit
2, the equipment listing, would you have documented all
the personal ranch equipment you had on Coyote Crossing
Ranch?
A I believe that would be the document that I had.
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There's a lot of stuff on this particular document that
wasn't on that one, primarily stuff inside the lodge.
Q Now that you've seen that there's stuff that's
on that inventory list that wasn't on the one that you
testified you prepared --
A Yes.
Q You just said it was stuff in the lodge. Are
you saying that was your stuff, as well, you just didn't
put it on your equipment list that you prepared
earlier?
A Yes.
Q A second ago, there was -- is there any other
documentation that you would have had to show what other
pieces of equipment you had prior to Mr. Briscoe moving
onto Coyote Crossing Ranch, besides what was the last
page of State's Exhibit No. 2?
A I don't recall any other schedules of property.
Q Now, at some point -- jumping ahead for a minute
-- did you meet with a man named Doc Pierce?
A Yes.
Q And you filed a report with him?
A I did.
Q Did you provide him a list of property?
A I did.
Q You say that you reviewed that contract and that
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lease. That was one of the few things that you reviewed
prior to coming to court today, right?
A Yes.
Q I think your testimony was a few days ago?
A Yes.
Q Now that you've reviewed it and you saw it again
on the witness stand this evening, is there anything that
you -- after reading the equipment list -- that you
realized you did not put on there when it was attached to
the lease that you entered into with George Briscoe?
A Yeah. There was a lot of stuff, all the things
contained inside the lodge.
Q Is that the only thing you remember not being --
not being included on the equipment list, is stuff that
was contained inside the lodge?
A May I look at the list again?
Q Absolutely.
A Yeah. I don't see the GMC pickup truck on here.
Q While you're going down the list, did you ever
get a chance to review the information that you provided
to Doc Pierce about the equipment?
A Yeah.
Q When was the last time you reviewed that
information?
A It's been a long time.
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Q Did you actually provide a written statement or
an affidavit to Doc Pierce?
A I did.
Q All right. So you found that a truck, a GMC
truck, was not listed there.
A Right.
Q Let's focus on some specific things, though.
Tractors -- actually, let's focus on the trucks. What
was the truck situation, as you remember it, when you
left the property to George Briscoe when he had the
lease?
A There were two trucks. One was an older Ford,
the Ford three-quarter-ton 1986 flatbed truck. It was
our fuel truck. It was a diesel tank and a regular gas
tank on the back of the truck.
Q Just to be clear, are you reading from the
document, or are you just testifying?
A I'm testifying.
Q Does the document say that stuff about the
diesel stuff?
A It does not.
Q So diesel tanks. What was the other truck, or
was there other trucks on the property? You just talked
about the older Ford.
A Yeah, the older Ford. The one that didn't make
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it to this list is the blue GMC -- I'm sorry -- tan GMC
truck. I believe it was a '96.
THE COURT: All right. I hate to break it
here. But we're going to take about a five-minute
stretch break. There's new coffee back there Daniel's
made you. So we'll get a drink of coffee and stretch our
legs and come back in about five minutes.
THE BAILIFF: All rise for the jury.
(Recess)
(Open court, defendant present, no jury)
THE BAILIFF: All rise for the jury.
(Jury entered the courtroom)
THE COURT: All right. Thanks. Y'all may
be seated.
Sorry for the interruption. Mr. Grogan,
sir, when you're ready, you may proceed.
MR. GROGAN: Thank you, Your Honor.
Q (BY MR. GROGAN) I'm going to show you what's
going to be marked as State's Exhibit 2B2 and State's
Exhibit 24.
MR. GROGAN: I'm handing these to defense
counsel.
MR. BROOKS: May I approach the exhibits?
THE COURT: Yes.
MR. BROOKS: I'm looking for State's 2,
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Your Honor.
THE COURT: There it is.
MR. BROOKS: I don't have any objection.
THE COURT: All right. State's 2B2 and
State's 24 are admitted at this time.
(State's Exhibits Nos. 2B2 and 24 admitted)
Q (BY MR. GROGAN) Let me start with 2B2. I was
trying to find a document earlier. Look at that
document. Now is your memory refreshed of when the lease
started between you and Mr. Briscoe?
A Yes.
Q Now that you've looked at that document and your
memory is refreshed, when actually did your and Mr.
Briscoe's lease start for the property in Hunt County?
A The 24th day of March, 2010.
Q Now I want to show you State's Exhibit 24,
that's now been admitted. Do you remember that
document?
A I do.
Q And what was the purpose of that document?
A It's a lease extension.
Q When was that entered into and between who?
A That was entered into June 1, 2011, between me
and George Briscoe, II.
Q What's the date range for the extension, and how
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long is the extension for?
A As I remember, it was 90 days.
Q Do you have the document in front of you?
A I do.
Q What does it say on the document as far as the
length that he has for the extension and the date range
of the extension?
A I'm looking.
(Pause)
A It extends it to June 10, 2011.
Q Does it say something how long -- if you already
said, I apologize. Does it say how long? You said what
it goes to is June 10, 2011. How long was the extension
for?
A It's from March 25th to June 10.
Q March -- I'm sorry. March, what date?
A March 25, 2011, to June 10, 2011.
Q All right. Now I want to show you some other
exhibits that are evidence, based upon what you just told
the jury in State's Exhibit 24. So that was executed,
that extension between you and Mr. Briscoe, on March 25,
2011. When was this purchase contract signed between you
and Mr. Briscoe that's on State's Exhibit No. 2? What's
the date on it?
A March 25, 2011.
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Q So is that the same date that you're doing two
different transactions?
A Yes.
Q And I'm just asking. Sometimes people write
stuff down wrong on documents. Do you have any reason to
believe that you didn't agree to give him an extra 90
days on your property at the same time you also were
ratifying a potential purchase contract on your property
with him?
A I don't remember the contract being the same
date as the extension, to be honest.
Q Do you see any other dates on that contract --
not just on that page -- but any other page to indicate
maybe that wasn't the actual date that you guys signed
off on the contract?
MR. BROOKS: Judge, I'm going to object.
He's asking him to interpret what that document says. If
it's not indicated, that's speculation. The document
speaks for itself.
THE COURT: Overruled.
Q (BY MR. GROGAN) And if you don't, let me know
if you don't.
(Pause)
Q Have you found anything?
A It shows 3/25, 2011, was the option fee date,
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and receipt of earnest money, 3/24, 2011, for the earnest
money receipt.
Q So are you saying that since you see that other
date, that makes you believe that you may not have done
it on the exact same date? You don't know?
A I honestly don't know.
Q All right.
MR. GROGAN: Now, I'm going to show Mr.
Brooks what's marked as 1E2, 1G, 1G1, 1H and 1H1. For
the purpose of the record, 1E2 is a continuation of
what's already been admitted as 1E and 1E1.
(Pause)
MR. BROOKS: Judge, I don't have any
objection.
THE COURT: Call those out for me again,
please, Mr. Grogan.
MR. GROGAN: Yes, Your Honor. 1E2, 1G,
1G1, 1H, and 1H1.
THE COURT: All right. State's Exhibits
Nos. 1E2, 1G, 1G1, 1H, and 1H1 are all admitted at this
time.
(State's Exhibits Nos. 1E2, 1G, 1G1, 1H,
and 1H1 admitted)
Q (BY MR. GROGAN) Let's go back to the equipment.
You left off -- I think it was trucks. Okay. So what
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other equipment did you have out there, besides the
trucks?
A Are we speaking of ranch equipment or
inside-the-lodge equipment?
Q Ranch equipment.
A Several things.
Q Okay. Without looking at any documentation,
what do you remember? Just thinking back to this time
period, what other things outside of the barn or the
lodge, as far as ranch equipment, do you remember?
A Tractors, trailers, Bobcats, feeders.
Q Well, let's break each one of those down:
tractors, trailers, Bobcats, feeders. Let's start with
feeders. What are feeders?
A Feeders are machines that hold deer feed so that
the deer may come and eat from them.
Q How many, approximately, feeders do you remember
having, as far as ranch equipment, when you leased the
property to Mr. Briscoe?
A Twelve.
Q And are they all the same type of feeders?
A No, varied types.
Q And were all of your feeders stationary
feeders?
A None of the feeders were stationary. They could
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all can be moved.
Q Did you report any of those feeders to Doc
Pierce?
A I did not.
Q Let's talk then about trailers. What kind of
trailers did you have?
A We had what I would call bird hunting trailers,
and we had a -- what's called a quick-feed trailer. It
pulls a bulk deer feeder around the ranch, and you could
blow feed into each feeder.
Q And after quick-feed, what was the trailer
description before that one?
A The bird hunting trailer.
Q And what are the approximate lengths on these?
Let's start with the bird hunting trailer?
A Sixteen feet, I believe.
Q And the quick-feed trailer with the blower, you
said, how long was that?
A I don't remember specifically. But probably 12
or 14 feet.
Q What other types of trailers, just from total
memory, do you remember having out there on the
property?
A Landscape trailer. There was a couple of cargo
trailers.
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Q And do you remember -- are there any other types
of trailers that you remember off the top of head?
A That's it.
Q Of those trailers, did you report any of those
to Doc Pierce when you met with him on the property?
A I did.
Q Tractors, what do you remember about the
tractors on the property?
A I had two tractors, two that were specifically
tractors. One was a Kubota. I'm going to say that it
was a 100 horsepower Kubota with a thrasher and --
Q What's a thrasher?
A Thrasher is a device for cutting weeds and
grass.
Q Does it go on the front or the back?
A It goes on the back, if you do it right.
Q And then what's the other -- you said you had
two. What was the other tractor?
A I had a little Northern tool tractor that had a
thrasher for cutting weeds and grass on the back. It
also had a backhoe attachment.
Q Earlier, the very first thing I asked you to
look at on this other equipment list, that you had never
seen the document before, you were able to pick out the
first description was some type of attachment. Do you
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remember that attachment that you had saw on --
A Timber axe attachment.
Q Timber axe, what is that used for?
A That goes on the front of a high-flow hydraulic
Bobcat. That's used for cutting down small trees and
turning them into mulch.
Q And then let's go, then, to the Bobcat category.
I thought you said Bobcats. Do you have multiple, or do
you just have one?
A At one time, there was two out there. But I
excluded one prior to Mr. Briscoe's arrival.
Q What do you mean, you excluded one?
A I took it home.
Q Did you leave the timber axe attachment there on
the property?
A I did.
Q Did you leave any other attachments or equipment
with the one Bobcat you left on the property?
A There was a piece of machinery called a
TreeLiminator. That was for cutting trees down.
Q And both that and the timber axe goes with the
Bobcat?
A Yes, sir.
Q And did you report either of those attachments
or the Bobcat to Doc Pierce when you met with him?
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A I did.
Q What about any UTVs, ATV, or SUVs?
A I had two Polaris six-by-six Rangers.
Q Okay. And did you take any of those with you
when you left the property, or did you leave them on the
property?
A I left them on the property.
Q Did you report either of those to Doc Pierce?
A I did.
Q I think you testified that when you started on
this property in 2001 --
A That's correct.
Q -- all of this equipment -- is all of this
equipment basically specific to ranching and farming that
you just talked about? The feeders, the Bobcats,
tractors, and trailers, is that something that you would
use in that kind of business?
A Yes.
Q So when did you remember acquiring all of this
stuff?
A All along the way at varied times.
Q When does all along the way start, what year?
A I think the first thing I -- it starts in 2001.
I started buying some of the deer feeders in 2001.
Q And when you would purchase -- let's start with
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the deer feeders. Do you go to a Walmart, or where do
you go to purchase something like a deer feeder?
A You can buy them at farm and ranch stores or
wildlife supplies.
Q And on specifically the deer feeders, is there
title work involved in that?
A No.
Q Did you have any other kind of paperwork to show
when you bought the feeders, how much you paid for the
feeders?
A I did at the time, but I don't possess that
now.
Q Do you see any deer feeder entries on the
schedule of equipment that was attached to the lease
that's on State's Exhibit 2, that last page?
A The only thing that resembled a deer feeder was
the quick-feed trailer.
Q Now, explain -- well, does that mean you see
what's called a quick-feed trailer on that equipment
schedule on the back of State's Exhibit 2?
A May I --
Q If you need to look at it, you can look at it.
A Yeah. I refer to it as a quick-feed trailer.
Q So that's on the equipment list. While you're
looking at that, though, did you give a value or a
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number -- whenever you put that information together and
it was given as part of this lease transaction with Mr.
Briscoe, did you put a value on the quick-feed trailer?
A The number on there is 5,000.
Q Now, you talked about -- just a minute ago when
you were talking about feeders and you said you had 12 of
them, is the quick-feed trailer including the feeder, or
is that just a trailer?
A That is a -- it's not a feeder. It's a device
for delivering food to the feeders on the ranch.
Q Okay. Was there a five-ton feed buggy on this
property?
A Same thing.
Q Is that the same -- okay. What do you mean it's
the same thing, same thing as this quick-feed trailer
that you --
A I refer to it as a quick-feed trailer. That's
also referred to as a feed buggy.
Q And was that attached to a dual-axle trailer?
A Yes.
Q And did you itemize and break out on there the
dual-axle trailer on that scheduled inventory for
equipment, or is that all one entry for the quick-feed
trailer?
A I think it's one entry for the quick-feed
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trailer. That's -- it may be a mistake on my part at
$5,000 value, because it costs much more than that.
Q But on the document itself that's in evidence,
you don't show that it was broken out, and it's just one
item, and it's $5,000, right?
A Yes, sir.
Q All right. Now, do you see anything about this
hunting trailer listed? You mentioned about a 16-foot
bird hunting trailer. Do you see something similar to
that on this schedule of equipment you're looking at?
A Sixteen-foot landscape trailer.
Q Well, so what -- you said you prepared that, and
you testified to landscape trailer and bird hunting
trailer. Are you saying that that is the hunting
trailer, or you did not put the hunting trailer on this
list?
A I don't know. It's been so long. We had three
bird hunting trailers at one time. And I think that I'm
calling them something different, just --
Okay. Here we go. I've got three, 16-foot
bird hunting trailers put into service in 2006.
Q Are you reading -- are you looking at the last
page of Exhibit 2?
A I am.
Q All right. So you found some entries on there
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that shows hunting trailers?
A Right.
Q What was the value that you gave -- if there's
three of them, did you give three separate values, or
you've got to divide the value by three?
A You've got to divide the value by three.
Q So what's that value for the hunting trailers?
A $12,500 for three of them.
Q So the total is 12 -- whatever -- twelve five
before you divide it by three?
A Right.
Q So approximately, what would that break down
into?
A 3500.
Q You're an ex-football player, right? I'm sorry.
A And I'm from Oklahoma.
Q And I'm a lawyer. So three into 12,500 is
what?
A It's 4133.33. Is that right?
Q So hunting trailer -- oh, okay. Do you see a
backhoe attachment that you broke out on this schedule of
equipment?
A I do.
Q What was the value that you gave the backhoe
attachment?
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A $4500.
Q I'm sorry?
A Well, the way I've got it here, it looks like
the tractor with the front loader and the backhoe
attachment was $4500.
Q And that -- just to be clear, this is going to
be -- is that the smaller tractor, or is this the 100
horsepower Kubota tractor?
A That's the smaller tractor.
Q And you're the one that put the value figure on
this. Which -- now that you're looking at this and you
realize you combined the two, what's the value,
approximately, of the backhoe attachment itself?
A I remember what I paid for it. Apparently, I
did this in haste.
Q Well, what did you pay for it?
A I paid $4500 for it.
Q Just for the backhoe attachment?
A Just for the backhoe attachment.
Q And you said you started getting all this stuff
in 2001. Approximately when was it you remember getting
the backhoe attachment for this smaller tractor?
A I think it's one of the first things I bought
out there.
Q So -- and this transaction and this
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equipment and this lease was all executed in 2010. So
it's roughly about nine years since you had purchased
it?
A Thereabouts.
Q What about the two Polaris Rangers? Do you see
them on this equipment list? And if so, did you give
them a value?
A Yes, two Polaris.
Q Separate entries or just combined?
A Combined.
Q And what was the value you gave combined for
both of them?
A $10,000, so 5,000 apiece.
Q I'm going to ask you about that in a second.
Last two things on the trucks. Going back
to the trucks. You already said that you couldn't find a
GMC '96 truck on that; is that right?
A Right.
Q Do you see the '86 Ford truck on there?
A Yes.
Q And what value did you give the '86 Ford
truck?
A $2500.
Q Do you remember when you got the '86 Ford
truck?
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A 2005.
Q And now, the truck, does that have title
requirements? If so, did you title the truck?
A Yes.
Q The Rangers, by the way, do you remember when
you acquired the two Rangers, the Polaris Rangers?
A It's pretty much one year apart. Probably 2003
and 2004, but they were both 2004 units.
Q So you bought one -- so you got one in 2003, and
you bought one in 2004, but you believe they're both 2004
units?
A I do.
Q And does that mean that you bought them new when
you bought them?
A I did.
Q The quick-feed trailer, do you remember when
approximately you -- specifically, the five-ton deer feed
buggy -- when you purchased that --
A I think it was --
Q -- or acquired it?
A I think it was in 2005.
Q Did you buy it new or used?
A I bought it new.
Q You said you listed the value at 5,000, and you
said it was a mistake. Do you remember what you paid for
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it in 2005?
A About twelve five.
Q All right. When you left -- just the equipment
that you've been talking about right now, not all the
other ranch equipment, but this stuff, the trailers and
the Rangers and trucks, what kind of condition did you
leave them in when you left them with Mr. Briscoe?
A Pretty good condition.
Q Who took care of -- you already testified you
didn't stay out there on a nightly basis. Who would take
care of this equipment when you weren't out there and on
the property?
A I had a ranch hand.
Q What was his name?
A Ken Herring (phonetic).
Q How long was he your ranch hand on the
property?
A Oh, from 2003 up until the time George came to
the ranch.
Q And I know you already said that -- well, let me
ask. Did George at any time ask to inspect some of this
equipment with you?
A No.
Q Did he ever complain to you about any of this
equipment, prior to him moving on the property?
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A Not prior.
Q Well, I'm asking -- all right.
Going back to a minute ago, is there
anything else you see besides that '96 GMC truck that
you've thought about that was equipment that you left off
that list that was attached to this lease that you
entered into with Mr. Briscoe?
A I don't think there's anything else.
Q On that '96 GMC truck, when did you acquire
that?
A That was -- that was part of my partner's, Len
Rao's, capital contribution. And if I recall, that came
to the ranch in 2007.
Q Explain to the jury what a capital contribution
is. What is a capital contribution?
A Capital contribution is when there is a
partnership, each person is required to put capital
towards the objective. Len's capital came in the form of
that truck, cash, and some other things he brought to the
ranch.
Q So it didn't cost you anything out of pocket?
A It did not.
Q Now, did you ever do an independent appraisal of
all of this property when you put -- at any time, did you
ever put it together in an appraisal for all of this
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equipment?
A When we borrowed money, the lender did an
appraisal, but I was never privy to that information.
Q You said borrowed money. So are you talking
about -- was that one of these equity loans back in '05
and '06 and '08?
A Yes, sir.
Q You said you weren't privy to that information.
So you never saw how they valued your equipment?
A I did not, just that it was acceptable for their
loan parameters.
Q Now I want to go to one more thing on this
equipment.
MR. GROGAN: Your Honor, may I approach the
witness?
THE COURT: Yes, sir.
Q (BY MR. GROGAN) Can you put this back the way
it was?
A That is the way it was.
Q Back to 10A. You've already looked at this
document. I know you said that you don't know who the
person was who put the values on this equipment, but you
recognized the equipment. Do you remember that
document?
A I do.
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Q Will you go to the page before it, the very
first page. And once you read it, can you indicate,
what's the date of that email?
A February 11, 2011.
Q And do you recognize any of the names on this
email?
A Yes.
Q Whose name do you recognize?
A Jayson Campbell.
Q Besides him, who else do you recognize?
A Kathy Campbell.
Q Who else?
A George Briscoe.
Q Now -- and you said it was February 11th?
A Yes, sir.
Q Go look and see what the value was that this
document that's attached to this email involving Mr.
Briscoe -- the value that was given to these same pieces
of equipment that you just testified about. Do the
numbers change, as far as the value, up or down? And
here's the page you're going to compare them to.
A For instance, the Polaris Rangers were given a
value of -- one of $4200 and one of $2500.
Q Okay. So on this other 10A -- I'm sorry.
42 and --
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A 4500 and 2500.
Q Okay. If you add those two together, that's
still going to be less than what you valued it back
before he moved onto the lease, correct?
A Yes, sir.
Q What's the next piece of equipment that you can
see that's different for value between the two
documents?
A The 14-ton -- the quick-feed trailer is valued
at $5,000.
Q That's the one that you said you made a mistake,
right?
A Yes, sir.
Q And on this other document, what's the value
given to the quick-feed trailer?
A $5,000.
Q So the value didn't change on either document?
A No.
Q What about -- do you see any of the trucks
listed on this other document?
A The Ford three-quarter-ton flat-bed truck --
give me a minute -- it's valued at $1500.
Q So has that gone up or down from what --
A I believe that's down.
THE COURT: Sir, I'm sorry. You've got to
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let him finish his question.
Q (BY MR. GROGAN) It went up or down?
A It went down.
Q And then you said the quick-feed trailer was the
same. What about the -- oh, do you see the '96 GMC truck
listed on the equipment listing on that document?
A Ford F-250, yes, I do.
Q I'm sorry. I meant did you see a '96 GMC truck?
(Pause)
Q While you're looking for that, also look for the
backhoe attachment.
A I do not see the pickup truck.
Q Of course, you didn't see the pickup truck also
listed on the first document you looked at, right?
A Right.
Q Now, the last two I want you to look at is the
backhoe attachment and the hunting trailer, 16-foot
hunting trailer. Do you see a description like that on
this document?
A I see three 16-foot utility trailers that are
listed at the value of 12,500, along with six aluminum
dog boxes, valued at $3,000.
Q Are those separate entries, or are they all the
same?
A They are separate entries on Mr. Briscoe's
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schedule. They were combined on my schedule at a value
of 12,500 for the three of them.
Q Is that the same value that you had given those
three trailers on the document earlier?
A Yes.
Q So the value hasn't --
A He's actually got them separated out. He's got
the trailers and the dog boxes as separate entities.
Q All right. So what's the value that's given to
the trailer by itself?
A It would be the same as I had, 4133.
Q And then I'm sorry. What did you say about the
backhoe attachment? Did you find that?
A I didn't find that yet.
(Pause)
A Front loader and backhoe tractor attachment.
Q Is it two different items -- line items, or is
it combined together?
A It's combined together.
Q What's the value that's given on this
document?
A $4500.
Q So would that value be different than the value
you had given, or would you consider it the same value?
A I believe it's the same.
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Q Okay. Now, on all this equipment that you've
been describing for the last 20 minutes, did you at any
time ever give George Briscoe permission to sell any of
it?
A No.
Q And you said -- I think you testified. Did you
remember a guy named Ray April?
A Yes.
Q Did you ever give Ray April permission?
A No.
Q When was the first time that you realized this
equipment -- some of this equipment was missing?
A When I -- when I came out there with a new
prospective buyer the first time. I noticed the lack of
the equipment.
Q So earlier you testified five to six times out
there, and you mentioned two times with a potential buyer
to inspect the ranch. Which one of those two trips was
it, do you remember, that it was when you discovered the
equipment was missing?
A It was the first trip.
Q Was Mr. Briscoe on the property when you
discovered the equipment was missing?
A Not that particular time. I called him shortly
thereafter.
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Q With your potential buyer with you?
A After I had left the property.
Q And can you describe that conversation with Mr.
Briscoe when you asked him about the equipment that was
missing from your property?
A Pretty easily.
Q Okay. What was the conversation?
A Where is any damned equipment?
Q And what was his response?
A It's all being repaired.
Q Now, earlier we talked about if you had given
him permission to use any of your stuff. Had you ever
given him permission to get your stuff repaired if it
needed repairing and, if so, off the property?
A I never gave him permission to get it repaired.
I didn't object to him telling me he was going to get it
repaired.
Q Describe what you mean by that.
A To give an example, he would say, I've got this
being repaired; I've got the tractor being repaired.
Q So once you learned of that, you're saying you
didn't complain?
A I did not complain.
Q And how many pieces of equipment do you remember
those kind of conversations with Mr. Briscoe about -- you
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used the tractor example. How many times do you remember
him telling you he was getting something repaired?
A There were several occasions, I mean, as part of
the conversation it would be, I've got all this stuff in
being repaired.
Q Do you remember if you had a bulldozer or not?
A I did.
Q Did you see a bulldozer listed on either of
those equipment listings?
A I don't think so.
Q Is a bulldozer something pretty difficult -- let
me just ask. How big of a bulldozer did you have?
A It was not a huge one. It was relatively small
for a bulldozer.
Q Was it still working when you left?
A It was working. It wasn't working very good.
Q Did you have any specific discussions with Mr.
Briscoe concerning the bulldozer?
A I did not.
Q Did Mr. Briscoe ever talk to you about paying
you $2500 once the bulldozer had been sold?
A He did not.
Q Did you ever have any conversations with Mr.
Briscoe about getting paid for any of the equipment that
was sold?
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A I did not.
Q Did you ever receive any extra compensation on
top of the rent payments, that you agreed to by contract
for 13,000, from Mr. Briscoe?
A I did not.
Q What about from his wife, Elizabeth Briscoe, or
from a company named VPW Management, any payment from
them, in addition to the rent payments?
A I did not.
Q All right. So you said -- you've already
described what you told George on the phone, and he told
you it was all being repaired. Was that the end of the
phone call?
A No.
Q What happened next?
A I asked him, all of it, every last bit of it?
And it got pretty hostile after that.
Q Did you actually go through the list of
everything that you thought was missing at that point?
A I did not.
Q Do you remember specifically what items of
equipment you had talked to him about on the phone on
that first --
A I don't remember specifically. I think it was
in terms of, where is all my damned equipment?
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Q All right. So that was a phone call. When is
the next time you either had contact on the phone or on
the property with Mr. Briscoe?
A I don't remember specifically, but there were
several phone conversations after that.
Q Was it all concerning this equipment or other
matters?
A The equipment primarily and payment for back
rents and his departure from the ranch.
Q Earlier, when we were looking at some of these
things, I had asked you about what changed between -- do
you remember you were talking about an earlier time frame
and then this one incident of being threatening to Mr.
Briscoe in June of '11 -- is this incident about the
equipment one of the things that had changed in that time
frame, when you discovered it was missing?
A Yes.
Q And you just mentioned two other things, the
rent. And what was the third things that was causing
problems with Mr. Briscoe at this point?
A George's departure from the ranch. We had
already been discussing that I am looking for a new buyer
or another buyer. And I had given some outlines of how
I'd like to proceed henceforth. And --
Q When is the next -- you said there were two
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trips -- I think you said there was this first trip with
this buyer. Did you have a meeting with George the
second time you take the buyer out to the ranch?
A I don't recall. I think George was in the
office. I didn't have a meeting with him, but he was
there.
Q Now, you mentioned at some point about Doc
Pierce. Has that happened yet?
A No.
Q When is the next time you remember for sure
meeting George Briscoe out on the ranch?
A The day that I reported that to Doc Pierce. And
I don't remember that specific date. But I went out
there to check to see if the equipment had returned,
because George had told me that it was being repaired and
would be back on the ranch by a certain date. I don't
remember the specifics of the conversation. But the
equipment was not back, and the ranch was overlocked --
the lock was overlocked.
Q So you scheduled a time to come back out there.
Part of your timing was going to be because he told you
the repair timeline for the equipment?
A I think so, yeah. I wanted to go out to check
to see if it was back out there.
Q So you got out there, and you said it was locked
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up, and Doc's out there. What happens next?
A Doc wasn't out there yet.
Q Okay. Well, what happens when you get to your
property and it's locked up? What happens next?
A I called Doc. I go into town.
Q What happens next?
A Doc meets me out there, and it was probably in
an hour and a half or so. I had gone to the hardware
store to buy some bolt cutters, because I knew I was
going to need them.
Q What happened next?
A Doc and I went to the ranch. I cut the lock off
the gate. And Ray April was there to greet us. And then
we went and tried to get into the lodge. And George met
us at the western door of the lodge, wouldn't allow us to
enter. He was on the phone.
Q Who did he say he was on the phone with?
A He said he was on the phone with his attorney.
Q Did you ever -- did he ever put you on the phone
or ask you to talk to his attorney?
A Not me, no, he didn't.
Q Did he ask anybody to talk to his attorney?
A I'm not aware. He may have had Doc Pierce.
Q You don't know for sure?
A I don't know for sure. Doc asked me to go sit
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in my truck, because the conversation was pretty heated.
Q How long did you talk with Mr. Briscoe before
Doc told you to go sit down in your vehicle?
A It wasn't long at all, maybe three or four
minutes.
Q When you say "heated," did it get physical?
A No.
Q From your point of view, what were you getting
-- was this all related to the equipment at this point,
or was this all of the things you've already testified
about that caused your relationship to change?
A All the things.
Q And did you ever see George Briscoe again after
that incident on the ranch with Doc up there?
A Not until this proceeding.
Q This is the first time?
A Yes.
Q Now, you've already said you gave Doc a list at
some point. Did you end up providing Doc a list that day
out there on the ranch, or did you meet with him after
that?
A I think I emailed him a list in short order
there. It was still kind of heated. But I think I sent
it to him that very day.
Q Do you remember the next time that you met with
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Doc Pierce after that date?
A There may have been one time, but I think it
was -- the next time I saw Doc Pierce was at the property
hearing.
Q Let's talk about that. Do you remember how much
time later it was after this incident on the ranch, the
last time you've seen George Briscoe, before you were
back in this county at a property hearing?
A I don't remember. It was a few months, I think,
maybe three or four months.
THE COURT: Mr. Grogan, I'm sorry to
interrupt.
Is this the time we need to stop? If
you're about to move into something that's going to take
more than about five minutes, we should probably stop
here.
MR. GROGAN: That's fine.
THE COURT: All right.
Ladies and gentlemen, we're going to break
for the evening. I appreciate your patience. And we're
going to ask you again to be back tomorrow morning at
8:20 so that we can start right at 8:30.
I remind you not to discuss the case
amongst yourselves or with anyone else. Don't allow
anyone to discuss it with you. Daniel will walk you out.
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We'll see y'all first thing in the morning.
THE BAILIFF: All rise for the jury.
(Recess)
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STATE OF TEXAS )
COUNTY OF HUNT )
I, Edwin Walker, Official Court Reporter in and for
the 196th Judicial District Court of Hunt County, State
of Texas, do hereby certify that the above and foregoing
contains a true and correct transcription of all portions
of evidence and other proceedings requested in writing by
counsel for the parties to be included in this volume of
the Reporter's Record, in the above-styled and numbered
cause, all of which occurred in open court or in chambers
and were reported by me.
I further certify that this Reporter's Record of the
proceedings truly and correctly reflects the exhibits, if
any, admitted by the respective parties.
WITNESS MY OFFICIAL HAND this the 11th day of
July, 2017.
/s/ Edwin Walker Edwin Walker, Texas CSR 5553 Expiration Date: 12-31-17 Official Court Reporter 196th Judicial District Court Hunt County, Texas P.O. Box 1097 Greenville, Texas 75403-1097 (903)408-4190
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