On the Friday before his murder trial opened in Wallace, Idaho, Thomas Eugene Creech was sworn as a witness in his own case. His lawyer, Bruce Robinson, had moved to keep two statements away from the jury: the one Creech gave to officers on November 8, 1974, the day after he was stopped at Glenns Ferry with Carol Spaulding and a hitchhiker in a dead man's Buick, and the one he signed at Cascade on May 22, 1975, the day the first jury was discharged. To win the motion Robinson had to show the statements were not voluntary, and the only witness to Creech's state of mind was Creech. So for the better part of an afternoon, October 3, 1975, he answered questions from his own lawyer, from the prosecutor Robert Remaklus, and once or twice from Judge J. Ray Durtschi, and the court reporter took it all down.
What he says is narrow and specific, because the hearing was. He says he had taken "everything" in his life, heroin, cocaine, speed, every kind of LSD, and that as the officers' lights came on behind the car he swallowed three hits of windowpane acid, four-way hits, two thousand micrograms, which "spaced me out where I didn't know anything." He says he was moved between two jails that night and does not know which, that he remembers Jim Maxwell and Wess Woodall but not what he told them, that the statement was taken the next day and not at two in the morning as it says, and that he is not sure whether the initials TEC on it are his or whether he signed it. Under cross-examination Remaklus walks him back through the stop, the shotguns, the radio calls, the ride from one jail to another, and gets him to agree that Woodall told him he was investigating a double murder, and that the sentence in the statement about Wayne trying to rape Carol at a rest stop is true. Then he produces a poem Creech wrote for Maxwell's wife, dated May 22, 1975, and asks whether his mind was clear the day he wrote it.
The judge denied the motion the same afternoon. He found that a man who could recite the events in the statement as lucidly as this one did was not, as he claimed, too far gone to understand what he was saying, and the statement went to the jury. That ruling, and the trial that followed, are on the page for the full record of the case in this archive. This page is the testimony alone, because it is the one place in four thousand pages where the defendant speaks for himself.
This is a court reporter's transcript of sworn testimony in a pretrial hearing, pages 711 to 742 of the record certified to the Idaho Supreme Court in docket 12224. It is not an interview anyone sought and not a confession; the witness was called by his own lawyer to support a motion, and every question was put with that motion in mind. Direct examination is by Bruce Robinson, cross-examination by Robert Remaklus, prosecuting attorney for Valley County, with a short redirect. Where the judge or a lawyer speaks in his own name the label is kept.
Thomas Eugene Creech is alive, and nothing on this page goes beyond what he said and what was said to him in that courtroom. The lawyers' questions are questions; the prosecutor's assertions inside them are his; the exhibits are described as the record describes them. What happened afterward, at trial and since, is not on this page.
The questions and answers are printed without their Q and A labels, and that is deliberate. The typescript is a 1975 reporter's carbon scanned at about 195 dots to the inch, and the scanner turned the single-letter markers into stray punctuation on most lines, so that a machine reading of them mislabeled turns and put a lawyer's words in the witness's mouth. Rather than guess, each turn is its own paragraph and the alternation is left for the reader, who will find it plain: the long sentence is the question and the short one is the answer. The reporter's line numbers and page footers were stripped, and where the scan had shifted a space inside a word the boundary was put back when only one placement made two real words. No spelling repair was run; on typescript this clean it does more harm than good, so damage of the kind "whi le" and "I' mn ot" is still visible and has been left rather than guessed at.
This is a public record of an Idaho district court, free to reproduce, and the certified copy comes from the Clerk of the Idaho Supreme Court under docket 12224. The scan we worked from was deposited in the Internet Archive by a private researcher, who is a copy host and not a custodian. The scan itself was not compared against the certified transcript. A reader who needs a single word exactly should go to the page image.
the defendant herein, having been first duly sworn, took the stand and testified as follows:
THE COURT: Mr. Creech, I guess we're going to hav ea hard time hearing so you speak loudly.
THE WITNESS: Yes.
BY MR. ROBINSON:
State your full name.
Thomas Eugene Creech.
Are you the Thomas Eugene Creech who is the defendant in this action, State of Idaho versus Thomas Eugene Creech?
Yes.
When were you apprehended on the particul arc harges you are facing in this action?
I believe it was November 8th.
19 --
' 74 •
And where was that?
Glenns Ferry, Idaho.
What ist he date of your birth?
September 9, 1950.
So, at that time you were a 24-year old?
Yes.
You have since turned 25; is that correct?
Yes.
Tom, will you advise the Court prior to your apprehension on November 8th of 1974 what drugs you had taken duri ng your lifetime?
Everything.
Everythi ng whi.ch would bei ncluding, what, marijuana?
Yes.
The particul ar name oft hat is pot 11?
Pot., weed.
All right. Now, would you advise the Court to the extent, and name the drugs that you have taken?
I've taken heroin, cocaine, speed: which is Methedrine
You'll have to speak up loudly.
Speed, all types of LSD and I've used them all pretty heavy.
Have you used wi ndowpane?
Windowpane -- I dropped three hits of windowpane acid right before we was taken out of the car the night I was busted.
What is windowpane acid?
I t's af orm of LSD, drug, it ' san hallu cinate drug.
For the approximate 30 days prior to your apprehensiJn had you been pop ping pill s?
Speed.
And had you been taking this windowpane?
Yes.
On what regular ity?
About every day.
Would you describe to the Court the effect of one normal dosage?
Of what? Speed or acid?
Of windowpane acid.
Well --
MR. REMAKLUS: IT hink We=). should, Your Honor, confine the questioni ng as tot he day in question and what happened then
THE COURT: Yes, I'll sustain the objection although I would interpret the question as being relat ed to that.
MR. ROBINSON: Yes, Your Honor.
THE COURT: I want it specifically directed at that parti cular time, Mr. Creech.
BY MR. ROBINSON: Now, during the day of November the 8t h, 1974, the 24 hours immediately preceding your apprehens ion, would you describe to the Court what parti cular drugs you did take and what effect they had on you and your mental condition.
The day that I was busted?
Yes.
I took three hits of windowpane; whi ch they were 4- way hi ts which was 500 micrograms per hit andl was dropping speed, smoking marijuana and drinking beer.
Would you give the Court the informati on as to what quantities of those drugs you've just named that you took during that 24 hours prior to your apprehension?
How much?
How much.
Well, IT ook the three hits right before I was busted.
You mean after the police car --
As soon as they pulled us over I took them. I dropped three hits of windowpane.
And what effect did that have upon your mental condition att hat time?;1, It just spaced me out where I didn't know anything.
Spaced you out?
Yeah, I just -- I didn't know what was going on.
On one hit, howl ong does that normally keep you spaced out?
Between six and eight hours.
Have you ever taken three hits all at once pri or to that particular occasion?
No, not 4- way hits.
What do you mean by ·' 4-way hi ts 11?
When each -- if it'sa4-way hit, each hit is 500 micrograms, so one hit would be 2,000 micrograms.
I don't convert that into 4- way.
You are not supposed to take that much at one time. It's not normal to take that much.
All right. Now, when you say you were rrspaced out", and that you don't remember what you were doing, can you describe your whereabouts when you were under that condition?
I knowl was in two different jails that night, but I don' t know.
Could you ident ify the people you were talking to?
Yes.
Who were they if you know?:.1. Jim back there (indicating) and Wess.
Jim is in the front row?
Yes, Maxwell from Valley County.
And who else?
Wess Woodall.
Is he in the green jacket?
Yes.
Now, where did you see them?
At one of the jails that I was at.
Do you know which one?
No.
Do you remember any other persons; whether they are present here or not, that you saw at either one of those first two jails?
No.
Do you specif i cally remember what you were told and what you said?
No.
Do you recall on that date as to whether or not you received the warnings; that you were entitled to an attorney and you didn 1 t have to talk to them unless an attorney was present?
Dol rernenilier ifI was or was not?
Do you remember whether Qr not all of th.at was told to you at the time that you were in either one of those two jails?
I think so.
After that was told to you, do you recall making the voluntary statement that you have seen many ti mes since then?
I didn't make the statement until the following -- it was the next day afterwards.
Where?
I don't know what jail it was.
Ina third jail?
It was in the -- in one of the jails I wa; s in before I went to Ada County or Valley County.
Before you went to Valley County?
Yes.
Now, Torn, you have read the full contents of the voluntary statement itself; have you not?
Yes.
Do you recall now at this time whe ther or not you made those statements at the time of 2:00 a. rn. on November B, 1 974?
Some of them I think so, but 11m not sure about all of them.
Were you writing anything down yourself?
No.
Was someone else writing what you said?
Yes.
Then they offered the paper for you to look a.t and approve as to whet her or noti twas what you said?
I' mn ot sure if they offered it to me or not.
Did you sign it?
I'm not sure ifI signed it or not either.
MR. ROBINSON: May I approach the wi tness, Your Honor?
THE COURT: Yes, um-hmm.
MR. ROBINSON: Possib ly this ist wo-fold in compliance with the Court's order at the same time.
BY MR. ROBINSON: Mr. Creech, I've laid ou ta sheet of yell ow paper and handed you roy pencil a Will you write your full name andy ours i gnature. it (Witness comp lied.)
Now would you also, underneath that, just write., Tom E. Creechn.
(Witnes sco mpl ied.)
MR. ROBINSON: Thank you very much. If you would mark that Suppression Motion Exhibit 1.
THE COURT: A, we 'l l mark Defense Exhibit A and use the letters.
MR. ROBINSON: If you would hand it to the Judge.
THE COURT: Perhaps, under our procedure, Madam Clerk, if you mark the Exhibit, state tot he Reporter what the Exhibit is that you mark. THE CLERK: Exhibit A marked for identification.
(Defendant's Exh ibitA marked for i dentification.)
BY MR. ROBINSON: Torn, I'm handing yo ua photo copy purporting to bea photo copy ofa vol untary statement you did make at 2: 00a.m. on November 8, 197 4 and ask you to specifica llf look at your signature at the bottom of the first page. Do you recall signi ng that parti cular page on that date at that time? P:, ii; ().
Does that purport to be yours ignature? Is it similar to your handwriting? l8
I' mn ot sure because I write different sometimes.
You write di£ ferent sometimes? What you've just wrote on that piece of yellow paper, is that your normal rnode ofsi gn ing your signature?
Yes.
All right. Would you describe to the Court what you mean by you "write different ly at different times"?
I wri te sloppier.
When you are ina bigger hurry? & Or, you know, just ·- just when r •m upset or nervous or ina hurry or somet hing I just write differently.
Q..~r e you nervous and upset, ina hurry a.t the present time?
Yes. 0. Do you think it's affecting your handwriting?
Some.
All right. On Page 2, does that purport to be your signature there al so at the bottom of the page?
I'm not sure. o. Is it simil ar to your handwriting'? ~ on Page 3, the bottom of the page, does that purport to be your signature there?
No.
Isi tsi milar to your handwriting? HN W. GAi\\EIEE, C.S.R 719 109•0 1101\andal• DRIV tt Bo ise. I Oa~o 83105 I can't say for sure.
On Page 4?
No.
On PageS, does that appear to be your signature?
No.
On Page 6, does that appear to be yours i gnature? lt No.
(I. And on Page 7, does that purport to be your signature?
No.
THE COURT: I didn't hear your answer.
THE WITNESS: No, sir.
MR. ROBINSON: May 1 have that marked. Your Honor, with the Court's permi ssi on, I'd like to have this marked and make myself another photostat of the same so that I have another copy.
(Defendant's Exhibit B marked for i dentification.)
THE COURT: All right, Defendant's B may be marked with leave for Counsel to substitute -- or not substitute, to mak ea copy of for his use.
MR. ROBINSON: Thank you very much, Your Honor.
THE COURT: You are not going to substitute ac opy, you want to leave this?
MR. ROBINSON: I'll leave that one, yes, and just mak ea copy for my own file and information. ltt9•0 11o ll8<\dale OrlYe Bo:~e. ldt.ho 1)7D$
THE COURT: You may have that permission.
BY MR. ROBINSON: Torn, after your apprehension, would you advise the Court when you first felt that you were of clear mind; when that was and where you were? I\, In Ada County Jail.
When?
Sometime afterwards, I ' mn ot sure.
Would it have been before Thanksgiving of 1974 or after Thanksgi vi ng of 1974? I\, Afterwards.
Was it before Christmas of 1974 or after Christmas of 1974? h. I think it was after Carl went to the joint.
Pardon?
I think it was after Carl went to the joint.
("J. Do you know what date that was?.-'-~. December 24th.
Day before Christmas? Christmas Eve? Yes. C). Do you recall clearly in your mind last Christmas? Yes.
And were you at that time in the Ada County Jail at
Yes.
How long had you been there? 601~~. Idaho!]705
Since November.
Since someti me in November?
Yes. C/ Now, do you clearly remember anything prior to that time?
Some things, but not everything.
You remember some thi ngs that occurred while incarcerated att he Ada County Jail in Boise prior to that time? 1\. Yes. 0- Such as what?
Thev i sits I got from different police officers.
During that peri od of time were you rece ivi ng medication from any doctor?
Yes.
Who?
Dr. Heyrend.
Do you know what kind of prescription medication you were receiving from Dr. Heyrend at that time?
Sodium Ametol and Vistaril, Thorazine, Donnato land Halodrin.
Did you have an understanding as to the reasons for these prescription drugs? Were they explained to you by Dr. Heyrend what they were for?
Yes.
And what were they for?
To keep my head straight.
After this point in time that you identify, approximately December 24th of 19 74, do you recall most events that occurred aft er that with clari ty?
No, not everything.
Pardon?
No, not even now ID on't.
Have there been many occasions, however, since then that your mi nd has cleared and you felt that you were thi nking properly?
Yes.
Now, specifically, Tom, ont he 8th day of November, 1974, were you abl eto understand what was toldto you and giv ea correct responsi ble response to it yourself?
I know that my rights was read to me but I' mn ot sure what my response was.
MR. ROBINSON: You may exami ne.
Mr. Creech, you are not denying th at you signed thev oluntary statement, are you? 'f,., I'm not sure..
You are not sure of what?
I don't remember signing it, I ' llj ust say that.
But -- so you are not denying that the signatures that Mr. Robi nson showed you were your signatures?
They just don ' tlo ok like my signatures.
But, you do write differently for di fferent times; is that correct?
Yes, sir.
Okay. Where were you November 7th, day before you were arrested?
IN Boi se, I believe.
Um-hmm. And who were you with?
Carol.
Who else?
Jim.Marsh.
Anybody else?:1. Some other kid,.
Can you recall his name? lt Not right offhand. o. Did you do same target practicing wi tha pistol,. 22? d' On the 7th?
Yeah.
I don't think so.
When did you do the target practice?
Sometime during my stay in Boise. 0. How ma."ly days were you down there in Boise?
I ' mn ot sure how many days I was there.
Where did you do your target practice? Tl. In the desert.
Who was with you? h I ' mn ot exactly sure who all was there.
You weren' t alone, were you?
No.
Was Carol along?
Yes. ·~.:· Was Guillal and there? lt. Who?
Guillaland; is that his name? JI. I 1 rn not sure.
How about Jim Marsh?
I think so.
Um-hmm. What did you do the day before you left
Nothing.
Well, just kind of give usa recount of your activities that day.
I couldn't do that because I don't even know.
How did you get out to the rest stop where Stephen Rivers picked you up?
James - - Jim Marsh.
He took you out there in his car? 1-,, Yes.
Um-hrum. And Stephen Rivers picked you up there att he rests top?
Yes.
Anda bout what time was that? ~1. Late, I don' t know what time. iJ Was it dark?
Yeah, it was pretty late.
I'm having quite a little trouble hearing you, if you'd speak upI would appreciate it.
It was pretty late at night.
And when Stephen Rivers picked you up, then, was there anybody with him?
I don't think so.
And where did you ··- did you and Carol then get in the car wi th him?
Yes.
How did he happen to pick you up there?
That ts the guy that was in the car with us?
We ll, did he pu ll in there at the rests top?!·1. He was there already if it ' st he same guy you are tal king about.
How did you happen to get th eri de with him? i~. Asked him for it. 'ii Did you ask him?
Yes.
Then when you left the rest stop who was driving? lt I don't know. 0- Did you drive? i~. I don't know ifI did or not.
MR. ROBINSON: I'm having trouble hearing you also, Tom.
THE WITNESS: I don't know ifI drove or not.
BY MR. REMAKLUS:. Now, did all three of you ride 111 the front seat of the car?
I'm not sure.
Dia you have this acid with you then?
Yes.
And where had you gotten that?
From Lewiston, Idaho.
You say you used the stuff quite a little bit?
Yes.
Do you bui ld up any tolerance to it?
Some.
Do you carry on your daily activities whi le you are taking this stuff?
Not usually when I'm taking acid.
Well, have you learned to get along and function while you take these drugs like you told us about?
I get along but I don't -- I' mn ot normal.
Did you stop anyplace along the road after you got in the car with Stephen Rivers there at the rest stop?
I don't know if we stopped anywhere or not.
Well, when you were arrested, do you remember that?
Yes.
And do you know what city that was in?
Glenns Ferry, I believe.
Now, how many offi cers were there there when you first stopped'?
Only thing I remember is the shotgun.
Um-hmm. It was dark, wasn't it?
Yes.
Did that make you nervous? The shotgun?
um-hmm.
Sure. You say you took some -- you took some acid when was that? I didn't understand.
Right before theo fficers - - when they put on the light to stop us.
And where were you at that time?
In the car by the winaow, the rider's side.
Carol was in the middle?
I' mn ot sure if she was in the front or in the baek seat sleeping.
But you were in the front seat?
Yes.
Then, after you were stopped out there -- how long were you out there where the officers first stopped you?
How long was it while they was keeping us there?
um-hmm.:: i. I' mn ot sure how long it was.
(t Was it very long?
It was quite awhile, they made a lot of calls.
How did they make these calls?
On the radio in the car.
And where were you at this time that they were making these calls on the radio?
Standing beside the cruiser, in ~ront of the cruise~.
Do you know who the officer was that had the shotgun?
Both of the officers had shotguns.
Do you know who they are?
No, I know this one guy is the older guy.
Any of them here in the courtroom?
I don't think so.
This was along in the middle of the night when you were stopped down there?
Yes.
And when did you make this statement that we've been talking about?
Not that night, it was the next day sometime. It was in the afternoon ~hen I made the statement.
It was -·- you made the statement something about being 2: 0D a.m., but that's not correct, is it?
No, it ' snot.
And who did you Dtake the statement to?
Jim Maxwell and Wess.
Is that Wess Woodall?
Yes.
And anybody else there at that time?,·). I'm not sure. I was' handcuffed to Jirn.
And was he there all thet ime?
Yes, he was -- orl think he got up and left once to go get Carol.
And then you were handcuffed to somebody else?
Yes.
And was Wess sti ll there?
I believe Wess was there the whole time.
Um-hmm. Now, do you know where that was?
I don't know what station it was at, no.
Do you know what city you were in?
No, because they moved us around.
And when you were moved, did you move from Glenns Ferry up to this other place?
I'm not sure. We was ata little, small station and, then, we went to where they -- someone else besides Wess and Jim talked to us and then they took Carol somewhere and took me somewhere else. Then, the next day, I was tak en somewhere else and then Valley County tha tn ight.
Now, do you remember riding from one town to another before the statement wast aken?
I don't know about towns, but l rode from one jail to another one.
Yes. May I approach the witness, Your Honor?
THE COURT: Yes,
BY MR. REMAKLUS: Handing you what's been marked here for i dentif i cation as Defendant's Exhibit B, now, you remember thi sis what your attorney showed yo ua few mi nutes ago?
Yes.
Now, this isa statemen t that you made down th~re that day, wasn ' ti ti
I'm not sure if it's my statement or not.
Um-hmm. Have you readi t?
I've read it.
You remember seei ng it bef ore, though, do you?
I've seen ac opy of it before.
You see where it says 11 TEC". Are those your initials?
That's my initials, yes.
And did you put those on there?
I'm not sure.
And, now, on your signature there, now, that could be your signature, is that right?
Possi bly.
And do your emember when Mr. Woodall was asking you these questions?
I remember him asking me about different things but I ' mn ot sure what I answered to them.
Well, would you say -- did Mr. Woodall say, "Tom, we are investigati nga double murder". Do you remember that?
I think so.
You knew that that was the topic - - or the subject of the questioning; didn't you?
That and the armed robbery.
MR. ROBINSON: I couldn't hear your response.
THE WITNESS: That and the armed robbery.
THE COURT: Mr. Remaklus, unless you are going to actually have the witness need to have him point something out, I'm goi ng to ask you to sita tthe table.
MR. REMAKLUS: Yes, I am, Your Honor.
BY MR. REMAKLUS: I'm goi ng to leave this wi th you andl hav ea copy that looks like it. 1 1 11 ask you some HN W. GA MIIEE, C.S. : t.. questions.
MR. ROBINSON: Mr. Remaklus, Your Honor, may I have the typewritten copy? Thank you, sir.
BY MR. REMAKLUS: Mr. Creech, looking on the first page of the statement there marked down there in the low err ight-hand cor ner it ' sma rked "Page lof7
And it also says near the bottom "This stat ement was completed at 4:00 p.m., 8th day of November, 1974". There in the middl eof the page it says nwe went to Lewiston from Spokane". Is that what you told Mr. Woodall?
I' mn ot sure.
Ist hat what you did -- had you gone from to Lewiston from Spokane?
I don't unders tand what you are saying.
Wel l, had you and Carol been up to the World's Fair in Spokane, Washington?
No.
You hadn ' tbe en there a.t all?
No.
And did you go, then, down to Lewiston, I daho?
When I come to Lewiston, Idaho, I come from West Virginia.
And you were there at Lewiston, though, is that right?
Yes.
And you visited with Carol's mother?
Yes.
Well, let's go on back over the -- let's look on the second page. The.re's information abou ta battery charger. Are you familiar with that?
Yes.
And would you say that that's true there as far as selling a battery charger, getting some gas for it?
I'm not sure if it 1 s true or not.
Did you have any money when you were rid ing w~th Torn and Wayne?
Yes.
And who bought the gas?
We gave them money for gas.
Um-hmm. Then on Page 3 says here that about - - ·that someone ina blue and white Mazda picked you and Carol up, ist hat right?
I'm not sure.
Did you go to Jim Marsh's house - - was his wife pregnant?
Yes, his wife was pregnant.
Um-hmm. So, this is probably -- so here about go ing to his ··- this material on the bottom of the Page 3 - -
We didn't go to his house. W'e went to the truck stop.
Did you stay there at Jim Marsh's house when you and Carol were in Boise?
For one night.
Now, would yout urn over to Page 4. See there at the top, you said "We stayed at Jim ' strai ler house until last n ight". IS th atr ight?
He lived ina trail er house.
And you stayed there -- you stayed at that trailer house, is that right?
Yes.
And is that right; that Rick drives ali ttle Corvair?
I' mn ot sure ifI reca ll that.
Um-hmm. And you remember it had Oklahoma p l ates? 11. I' mn ot sure.
Do you remember when Wess was taking this stat ement! down therewith you that he -·· he pri nted this out -- each time that he pri nted all these pages out that you remember that?.t\. I know he was writing.
Um-hmm. And these, again, are your initials 11 TEC'1 on Page 5; aren't they?
Are you asking me ifI signed tho sei nitials, or are you asking me if those are my i nitials?
I asked you if they are your initials.
They are: my initials, but I'm not saying that I signed them..·.• But, you are not denying it either, are you?
No, I'm not.
Directing your attention to Page 6, is the information given in there on Page 6, is that substantially correct?
Which part?
Well, let's start, I guess, to mak ea sentence we'd have to go over to Page 5 and start two li nes from the bottom.... i. I' mn ot sure about making that statement. r. Well, let's keep on Page 6 down there about five or six lines, says " I went to JACKSON, Kent ucky to see my mother, couldn ' tf ind her. I saw my uncle Elmer Turner". Are those s tatements correct?
I was in Kentucky andl did see my uncle. f!. Was he -- is hea police officer?
Three of my uncles are police officers. [J. Um- hmm. And, then, down at the bottom of the page there says "I pulled two armed robberies in 1 969 and two anda half years in Ohio 11 • Is that true? 1~.. Unarmed. 0. You say what? Unarmed?
Unarmed robberies.
um-hmm. Did you do two anda half years there in Ohio?
On July of ' 69 until December 2nd of '70.
Um-hmm. Then over on Page 7 says there you were extradited to Tucson, Ar izona ona firs td egree murder charge and were acquitted. Is that true?
Yes.
You think the time of day is about right on the statement where it says on Page -- on the first page there it started -- says 2:00". My copy doesn't show whether it ' sa. rn. or p.m. This was taken during the daylight; wasn ' tit? 11, Sometime during the day, yes.
MR. REMAKLUS: Yes. I have no further questions of Mr. Creech. Mr. Thomas m~y hav ea couple questions, Your Honor.
THE COURT: Well, to keep this orderly I'm going to require one counsel to do all the examining.
MR. THOMAS: If we could hav ea moment, then, Your Honor.
THE COURT: Yes.
MR. ROBINSON: Could we hav ea short break, Your Honor?
THE COURT: Yes, we'll tak eaten mii nute recess at this time.
MR. ROBINSON: Thank you very much, sir.
(Recess taken.)
THE COURT: All right, continue.
BY MR. REMAKLUS: Mr. Creech, do you still have the statement of November 8th there before you?
Yes, sir.
Directing your attenti on to the first page, about in the middl eof the page it says "We stopped to go to the bathroom. Wayne tried to rape Carol and put his hands on her and so forth 11 • Now, do you remember tell ing that to Mr. Woodall and Mr. Hill?
I'm not sure.
Is ita fact that he tried to do that?
Yes.
MR. REMAKLUS: Mark State's Exhibit 1. {State's ~xhibit No. J. marked for i dentification.)
MR. REMAKLUS: Mayr approach the witness, Your Honor?
THE COURT: Yes.
BY MR. REMAKLUS: Would you look at whats been marked for identification as State's Exhibit 1, please. Do you recognize that document, Mr. Creech? t1. Yes.
Is that a poem that you wrote for Mrs. Maxwell?
Yes.
And is that your signature there at the bottom of it?
Yes.
Did you sign it?
Yes.
That was up at Cascade on May 22nd~ wasn ' tit?.'f.J,. Yes.
And did you put the date on it, Mr. Creech?
Yes.
MR. REMAKLUS: I'd offer St ate's Exhi bit 1.
MR. ROBINSON: I have no obj ection, Your Honor.
THE COURT: One wil lbe admitted.
(State's Exhi bit No. 1 admi tted into evidence.)
BY MR. REMAKLUS: You've had several conversations, haven't you, with Bud Mason?
Yes, sir.
Do you remember telling Bud about goi ng target shooting there in Boise? & I'm not sure.
Do you remember te lling Bud that you said Rick wasn't with us when we went target shooting, just me and Jim Marsh and my girl friend, Carol? P,. I'm not sure.
Pardon?
I' mn ot sure who all was there..
You are not sure who all was there when you were target shooting?
Right.
Also you remember when Jim Marsh was angry about Rick eating there and not doing housework, or taking care of the place?
Yes.
You told Bud about that, didn ' ty ou?
I think so.
MR. REMAKLUS: I have no furt her questions.
Tom, whi le incarcerated how long have you been acquainted wit hbo th Wess and Jim Maxwell?
Well, I don IT khO\v Wess that good, but talked to Jim af ew times.
Now, particularly on the 8th of November did you immediately establi sha rapport with Jim Maxwell and Wess and you remember them clearly and your contact with them on that day? /1. I'm not sure what the date was, but I remember talking to them.
You remember talking to them?
Yes.!J Now, I notice the date on this poem you wrote regarding -- is that Jim Maxwell's wife, the lady thatrs sitting here?
Yes.
I notice the date was October the 3rd of 1975. Was that just this year, just today -- is that today's date?
I'm not sure what the date is.
MR. ROBINSON: May I - -
MR. REMAKLUS: I think he's referring to the date put on there by the Clerk for identification.
MR. ROBINSON: Oh.
BY MR. ROBINSON: Handing you State's Exhibit No. 1, bel ow your signature if you ~ou ld take i~, p lease, ao you have the date on there of May the 22nd of 197 5? i\. Yes.
That is the date you wrote that poem? I\. Yes, I think so.
And was your mi nd clear at that time?
It was when I was going to triala
Asa matter of fact, that was the day that there wa sa mis trial declared and this Court grant eda moti on for change of venue; i sn' tit?
I'm not sure what date it was.
But that's the date that you wrote that poem?
I wrote this poem, yes.
MR. ROBINSON: I have no furt her quest ions, Your Honor.
MR. REMAKLUS: I have no further questions, Your Honor.
THE COURT: You may step down. Just hand that Exhi bit to the Clerk.
MR. ROBINSON: I have no other evidence to present on that matter, Your Honor.
THE COURT: I'll hear any rebuttal evidence you have, Mr. Remaklus.
MR. REMAKLUS: Yes.