Joe Morrison
24 JOSEPH MORRISON,
25 CALLED AS A WITNESS, BEING FIRST DULY SWORN,
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1 WAS EXAMINED AND TESTIFIED AS FOLLOWS:
2 DIRECT EXAMINATION
3 BY MR. WILSON:
4 Q. OFFICER MORRISON, COULD YOU STATE YOUR NAME FOR THE
5 RECORD PLEASE?
6 A. JOSEPH MORRISON.
7 Q. AND WHERE ARE YOU EMPLOYED, SIR?
8 A. LAYTON POLICE DEPARTMENT.
9 Q. AND WHAT CAPACITY?
10 A. I'M A DETECTIVE.
11 Q. OKAY. HOW LONG HAVE YOU BEEN EMPLOYED WITH LAYTON
12 POLICE DEPARTMENT?
13 A. 19 YEARS.
14 Q. OKAY. AND HOW LONG HAVE YOU BEEN EMPLOYED IN THE
15 CAPACITY OF BEING A DETECTIVE?
16 A. APPROXIMATELY SIX YEARS.
17 Q. OKAY. OFFICER MORRISON, DID YOU OR YOUR AGENCY RECEIVE
18 A REQUEST FROM MY OFFICE TO CONDUCT AN INVESTIGATION
19 CONCERNING THIS MATTER?
20 A. YES.
21 Q. DO YOU RECALL APPROXIMATELY WHEN THAT REQUEST WAS MADE?
22 A. I WAS ASKED TO START INVESTIGATING IN FEBRUARY OF 1999.
23 Q. OKAY. HAD THERE BEEN ANY INVESTIGATIVE WORK DONE BY
24 YOUR OFFICE PREVIOUS TO THAT TIME, SIR?
25 A. YES.
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1 Q. OKAY. DO YOU KNOW WHAT OFFICER CONDUCTED THAT
2 INVESTIGATION?
3 A. DETECTIVE BLAKE HAYCOCK.
4 Q. OKAY. SO YOU RECEIVED THE INVESTIGATION FROM DETECTIVE
5 HAYCOCK?
6 A. YES.
7 Q. OKAY. DO YOU KNOW WHEN DETECTIVE HAYCOCK INITIATED HIS
8 INVESTIGATION IN THIS MATTER?
9 A. I BELIEVE IT WAS APPROXIMATELY SIX TO EIGHT MONTHS
10 BEFORE THAT.
11 Q. OKAY. SO THAT WOULD PUT IT SOMETIME IN THE MIDDLE OF
12 1998?
13 A. YES.
14 Q. OKAY. I ASSUME YOU RECEIVED ALL OF THE REPORTS AND
15 DOCUMENTS THAT HE HAD GENERATED UP TO THAT TIME?
16 A. YES.
17 Q. AND DID YOU REVIEW THOSE REPORTS?
18 A. I DID.
19 Q. OKAY. DID YOU CONDUCT AN INDEPENDENT INVESTIGATION AT
20 THAT TIME CONCERNING THE DEATHS OF FIVE INDIVIDUALS?
21 A. YES.
22 Q. OKAY. CAN YOU TELL THE JURY WHO THOSE INDIVIDUALS ARE?
23 A. JUDITH LARSEN, LYDIA SMITH, MARY CRANE, ELLEN ANDERSON,
24 ENNIS ALLDREDGE.
25 Q. OKAY. NOW, IN RESPECT TO THOSE INVESTIGATIONS, DID YOU
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1 INVESTIGATE -- WELL, FIRST OF ALL, LET ME ASK YOU THIS: CAN
2 YOU TELL US WHAT -- WHERE THEIR DEATHS TOOK PLACE?
3 A. ALL OF THE DEATHS TOOK PLACE WITHIN THE GEROPSYCH UNIT
4 AT DAVIS HOSPITAL IN LAYTON.
5 Q. OKAY. AND WAS THERE A TIME PERIOD THAT THOSE DEATHS
6 OCCURRED?
7 A. YES. THEY ALL OCCURRED WITHIN ABOUT A 15-DAY TIME
8 PERIOD STARTING WITH DECEMBER THE 30TH OF 1995 AND THE LAST
9 ONE WAS JANUARY THE 14TH, 1996.
10 Q. OKAY. TELL US WHO WAS THE FIRST INDIVIDUAL TO DIE?
11 A. JUDITH LARSEN. SHE DIED ON JANUARY THE 3RD -- I'M
12 SORRY, ELLEN ANDERSON, SHE DIED DECEMBER THE 30TH, 1995.
13 Q. OKAY. AND THE SECOND?
14 A. THE SECOND WAS JUDITH LARSEN. SHE DIED JANUARY THE 3RD,
15 1996.
16 Q. AND THE THIRD?
17 A. MARY CRANE. SHE DIED JANUARY THE 7TH, 1996.
18 Q. AND THE FOURTH?
19 A. LYDIA SMITH. SHE DIED JANUARY THE 8TH, 1996.
20 Q. AND THE FIFTH PATIENT?
21 A. ENNIS ALLDREDGE. AND HE DIED JANUARY THE 14TH, 1996.
22 Q. OKAY. NOW, DID YOU CONDUCT YOUR INVESTIGATION IN
23 RESPECT TO THESE -- EACH OF THESE SIX INDIVIDUALS?
24 A. I DID.
25 Q. OKAY.
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1 MR. STIRBA: OBJECT. I THINK IT'S FIVE
2 INDIVIDUALS, YOUR HONOR.
3 MR. WILSON: EXCUSE ME.
4 Q. THESE FIVE INDIVIDUALS?
5 A. I DID.
6 Q. AND CAN WE -- CAN YOU TELL ME, SIR, I JUST WANT YOU TO
7 INDICATE FIRST WITH ELLEN ANDERSON, CAN YOU TELL ME WHEN SHE
8 WAS ADMITTED TO THE GEROPSYCH UNIT AT THE DAVIS HOSPITAL?
9 MR. STIRBA: YOUR HONOR, I THINK THE MEDICAL
10 RECORDS WOULD INDICATE THIS FACT, AND I DON'T KNOW THIS IS
11 NECESSARILY AN INVESTIGATIVE CONCLUSION THAT ALLOWS THIS
12 WITNESS TO TESTIFY TO IT.
13 MR. WILSON: WELL, LET ME REPHRASE THE QUESTION,
14 YOUR HONOR.
15 Q. OFFICER MORRISON, IN THE COURSE OF YOUR INVESTIGATION,
16 DID YOU REVIEW THE MEDICAL RECORDS ON EACH ONE OF THESE
17 INDIVIDUALS?
18 A. I DID.
19 Q. DID YOU ALSO REVIEW -- IN ADDITION TO THE MEDICAL
20 RECORDS THERE, DID YOU HAVE OCCASION TO REVIEW MEDICAL
21 RECORDS OBTAINED FROM NURSING HOMES OR CARE CENTERS?
22 A. YES.
23 Q. OKAY. AND, SIR, DID YOU PUT TOGETHER A REPORT BASED
24 UPON THAT INVESTIGATION WHICH YOU SUBMITTED TO OUR OFFICE?
25 A. YES.
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1 MR. WILSON: OKAY. YOUR HONOR, THIS IS PRIMARILY
2 FOUNDATIONAL. I WANT TO ORIENTATE THE JURY AS TO THE DATES
3 OF ADMISSION AND TIMES OF DEATH REGARDLESS OF WHETHER THE
4 MEDICAL RECORDS HAVE THEM IN THERE, I THINK IT'S APPROPRIATE
5 TESTIMONY ON BEHALF OF THIS OFFICER.
6 MR. STIRBA: WELL, I JUST THINK IT'S HEARSAY AND
7 IT'S A CONCLUSION BASED UPON INVESTIGATION.
8 THE COURT: OKAY. IT'S BACKGROUND. OVERRULED.
9 Q. (BY MR. WILSON) IN RESPECT TO THE DATE OF ADMISSION OF
10 ELLEN ANDERSON, CAN YOU TELL US WHEN SHE WAS ADMITTED TO THE
11 GEROPSYCH UNIT AT THE DAVIS HOSPITAL?
12 A. DECEMBER THE 29TH, 1995.
13 Q. OKAY. AND CAN YOU TELL US WHAT TIME OF DAY SHE WAS
14 ADMITTED TO THE GEROPSYCH UNIT AT THE DAVIS HOSPITAL?
15 A. IT WAS IN THE AFTERNOON. I DON'T KNOW SPECIFICALLY
16 WHEN.
17 Q. OKAY.
18 A. I BELIEVE IT'S AROUND 4:00 O'CLOCK.
19 Q. PRIOR TO COMING TO THE GEROPSYCH UNIT, CAN YOU TELL US
20 WHERE SHE WAS HOUSED?
21 A. YES. SHE HAD BEEN AT THE PIONEER CARE CENTER IN BRIGHAM
22 CITY.
23 Q. OKAY. AND DO YOU KNOW HOW LONG SHE WAS AT THE PIONEER
24 CARE CENTER?
25 A. SHE'D BEEN THERE FOR SOME PERIOD OF TIME. SEVERAL
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1 MONTHS. YEARS
2 THE COURT: SEVERAL?
3 THE WITNESS: YES.
4 Q. (BY MR. WILSON) DO YOU KNOW -- WELL STRIKE THAT. IN
5 RESPECT TO JUDITH LARSEN, CAN YOU TELL US WHAT DATE SHE WAS
6 ADMITTED TO THE GEROPSYCH UNIT AT THE DAVIS HOSPITAL?
7 A. DECEMBER THE 6TH, 1995.
8 Q. AND CAN YOU TELL US WHERE SHE WAS LIVING PREVIOUS TO
9 COMING TO THE GEROPSYCH UNIT?
10 A. SHE WAS TRANSFERRED FROM THE HOLLADAY HEALTHCARE CENTER.
11 Q. OKAY. IN THE COURSE OF YOUR INVESTIGATION, DID YOU MAKE
12 CONTACT WITH THE HOLLADAY HEALTH CARE CENTER?
13 A. I DID NOT.
14 Q. OKAY. MARY CRANE, WHAT WAS THE DATE OF HER ADMISSION?
15 A. DECEMBER THE 28TH, 1995.
16 Q. AND CAN YOU TELL US, SIR, WHEN SHE -- OR WHERE SHE WAS
17 RESIDING PRIOR TO COMING TO THE GEROPSYCH UNIT?
18 A. YES, SHE WAS AT THE SANDY REGIONAL CONVALESCENT CENTER.
19 Q. LYDIA SMITH, WHAT DATE WAS HER ADMISSION?
20 A. DECEMBER THE 20TH, 1995.
21 Q. DECEMBER 20TH?
22 A. YES.
23 Q. AND DO YOU KNOW WHERE SHE WAS LIVING PRIOR TO COMING TO
24 THE GEROPSYCH UNIT?
25 A. WELL, SHE HAD BEEN AT SOUTH DAVIS HOSPITAL AND WAS GOING
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1 TO BE TRANSFERRED TO A NURSING HOME, BUT WAS NOT. SHE ENDED
2 UP COMING STRAIGHT FROM THE HOSPITAL TO THE GEROPSYCH UNIT.
3 Q. OKAY. ENNIS ALLDREDGE, CAN YOU TELL US WHAT DATE HE WAS
4 ADMITTED?
5 A. JANUARY THE 10TH, 1996.
6 Q. CAN YOU TELL US WHERE HE WAS TRANSFERRED FROM?
7 A. HE CAME FROM THE SUNSHINE TERRACE NURSING HOME IN LOGAN.
8 Q. OKAY. DID YOU HAVE OCCASION IN CONNECTION WITH THESE
9 PARTICULAR INDIVIDUALS TO SPEAK WITH THEIR PHYSICIANS WHO
10 WERE ATTENDING TO THEM PRIOR TO THEIR ADMISSION TO THE
11 GEROPSYCH UNIT?
12 A. ALL BUT ONE.
13 Q. OKAY. WHO WAS THAT?
14 A. DR. STUBBS.
15 Q. OKAY. DID YOU RECEIVE A REPORT THAT RELATED TO
16 DR. STUBBS?
17 A. I DID.
18 Q. YOU'VE ALSO HAD OCCASION, HAVE YOU NOT, TO REVIEW IN
19 ADDITION TO THE MEDICAL RECORDS OTHER RECORDS THAT WERE
20 LOCATED AT THE HOSPITAL?
21 A. YES.
22 Q. CAN YOU IDENTIFY WHETHER OR NOT YOU HAD AN OPPORTUNITY
23 TO REVIEW THE RECORD THAT'S CALLED THE CONTROLLED SUBSTANCES
24 LOG?
25 A. YES.
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1 Q. DO YOU KNOW WHERE THAT WAS MAINTAINED IN CONNECTION WITH
2 THE GEROPSYCH UNIT?
3 A. IT'S MAINTAINED BY THE HOSPITAL.
4 Q. OKAY. DID YOU RECEIVE COPIES OF THOSE RECORDS, SIR?
5 A. I DID.
6 Q. OKAY. NOW, COUPLE OTHER QUESTIONS THAT RELATE TO -- DID
7 THERE COME A TIME IN THE COURSE OF THIS INVESTIGATION THAT
8 INDIVIDUAL BODIES WERE EXHUMED --
9 A. YES.
10 Q. -- OF THESE -- OF THESE SPECIFIC INDIVIDUALS?
11 A. YES.
12 Q. DID YOU HAVE OCCASION TO PARTICIPATE IN THAT PROCESS OF
13 THE EXHUMATION?
14 A. IN ALL BUT ONE.
15 Q. OKAY. DO YOU HAVE YOUR REPORTS AND RECORDS WITH YOU AS
16 IT RELATES TO THOSE EXHUMATIONS?
17 A. SOME OF THEM, YES.
18 Q. WHAT I WANNA ESTABLISH HERE IS, OFFICER, IN CONNECTION
19 WITH EACH ONE OF THOSE INDIVIDUALS, DID YOU ATTEND THE
20 DISINTERMENT OF THOSE INDIVIDUALS?
21 A. THE DISINTERMENT, I ATTENDED ALL BUT --
22 THE COURT: COULD WE MAYBE DEFINE WHAT THAT MEANS.
23 Q. (BY MR. WILSON) OKAY. WOULD YOU DEFINE WHAT I MEAN BY
24 THAT WORD?
25 A. OPENING OF THE GRAVE AND REMOVING OF THE CASKET AND THE
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1 BODY.
2 Q. OKAY. DID YOU HAVE OCCASION TO ATTEND EACH ONE OF THOSE
3 OPENINGS?
4 A. ALL BUT ONE.
5 Q. OKAY. AND WAS THERE ANOTHER OFFICER WHO ATTENDED THE
6 OTHER OPENINGS?
7 A. YES.
8 Q. OKAY. DID YOU, SIR -- CAN YOU TELL US WHICH FOUR YOU
9 ATTENDED?
10 A. JUDITH LARSEN, MARY CRANE, LYDIA SMITH, ENNIS ALLDREDGE.
11 Q. OKAY. WHAT WAS THE PROCEDURE THAT YOU USED UPON OPENING
12 THE GRAVE AND REMOVING THE BODY? CAN YOU TELL THE JURY WHAT
13 YOU DID WITH THE -- WITH THE BODY AT THAT TIME?
14 MR. STIRBA: YOUR HONOR, RELEVANCY. I MEAN
15 THESE -- THESE MATTERS HAVE ALL BEEN DEALT WITH BY THE
16 MEDICAL EXAMINER. I DON'T SEE WHAT RELEVANCE THERE IS TO --
17 MR. WILSON: WELL, IF COUNSEL'S WILLING TO
18 STIPULATE AS TO FACT THAT THE CHAIN OF EVIDENCE AND -- I'M
19 HAPPY TO WITHDRAW THE QUESTION, YOUR HONOR. THAT'S THE
20 RELEVANCE.
21 THE COURT: IS THERE ANY QUESTION ABOUT THE CHAIN?
22 MR. STIRBA: THERE REALLY ISN'T ANY QUESTION ABOUT
23 IT, YOUR HONOR.
24 THE COURT: OKAY.
25 MR. WILSON: THEN I THINK FOR THE MATTER OF THE
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1 RECORD THEN AS I UNDERSTAND IT, COUNSEL IS STIPULATING THAT
2 THERE IS NO NECESSITY FOR ME TO ESTABLISH THAT NOTHING
3 HAPPENED TO THIS BODY FROM THE TIME THAT IT WAS TAKEN OUT OF
4 THE GRAVE TO THE MEDICAL EXAMINER'S OFFICE.
5 MR. STIRBA: SO STIPULATED. IT'S NOT AN ISSUE IN
6 THIS CASE.
7 THE COURT: OKAY. LADIES AND GENTLEMEN, AS I
8 MENTIONED TO YOU BEFORE THE TRIAL, IF COUNSEL STIPULATES
9 ABOUT A POINT THAT THEY JUST STIPULATED TO, WE DON'T HAVE TO
10 HEAR TESTIMONY, SO YOU CAN -- THAT IS A STIPULATED FACT THAT
11 YOU CAN ACCEPT. GO AHEAD, MR. WILSON.
12 MR. WILSON: YOUR HONOR, I THINK -- CAN I HAVE JUST
13 A MINUTE?
14 THE COURT: YES.
15 MR. WILSON: I HAVE NO FURTHER QUESTIONS AT THIS
16 TIME, YOUR HONOR.
17 THE COURT: OKAY. ANY CROSS-EXAMINATION?
18 MR. STIRBA: I HAVE NONE, YOUR HONOR. THANK YOU.
19 THE COURT: OKAY. MAY THIS WITNESS BE EXCUSED?
20 MR. WILSON: HE MAY, YOUR HONOR.