CORAM NOBIS HEARING
AUGUST 12,2001, ET SEQ
VOLUME ONE OF THREE VOLUMES
The Honorable John P. Colton, Jr., Presiding
Judge
Appearances:
For the Appellee:
Jerry Kitchen and John Campbell
District Attorneys Generals
Shelby County District Attorney General's
Office
201 Poplar Avenue, 3rd Floor
Memphis, Tennessee 38103
For the Appellant:
Robert Hutton
John Pierotti
Franck Glankler
Attorneys at Law
1700 One Commerce Square
Memphis, Tennessee 38103
Extract from pages 138, 139 & 140 during
Direct Examination by Mr. Hutton
page 138
Q [Hutton] Mr. Davis, could you, please,
spell your full name for the court reporter?
A [Davis] Spell my full name?
Q Yes.
A All right. Capital H-A-R-O-L-D, capital
T-H-O-M-A-S, capital D-A-V-I-S, J-R, period.
Q Now, Mr. Davis, you were a witness for
the state in Mr. Phillip* Workman's original trial; were you not?
A Yes, sir, I was.
Q And you realize, sir, today that you're
here in a court of law
Page 139
A[Davis] Yes, sir, I do
Q [Hutton] And that you've been sworn to
tell the truth, the whole truth, and nothing but the truth so help you
God.
A Yes, sir.
Q Mr. Davis, I'm going to get to the bottom
line. Did you or did you not see Mr. Workman shoot Lieutenant Ronnie Oliver?
A No, sir, I didn't.
Q And you realize, sir, that that is inconsistent
with your original trial testimony?
A Yes, sir.
Q You're coming here to come clean with the
court today and tell this court, in front of God and in front of this court
and everyone else, you did not see Mr. Workman shoot Mr. Oliver ?
A I kind of blanked out when you -- would
you --
Q Mr. Davis, I just want to be clear on your
testimony. Your testimony before this court today is you didn't see Mr.
Workman shoot Mr. Oliver, did you?
A No, sir.
Q Okay. Mr. Davis--
Page 140 line 5
Q [Hutton] Mr. Davis, at the original trial
you did testify that you saw Mr. Workman shoot Officer Oliver; did you or
did you not?
A [Davis] Yes, sir, I did.
Q But that's not true; is it?
A No, sir.
* There must be a mispelling in this court's
records [in fact there are many, because Workman's first name is PHILIP,
not PHILLIP.
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