exhibit 5

EXHIBIT
5
1 that right?
2 A Yes.
3 Q And when he talked with you, you told him that you
4 kept money on your person. Is that a fair statement?
5 A It was in my vest probably if there was any money,
6 which I never got it.
7 Q Okay, all right. So there was maybe some money on
8 your vest?
9 A Might have been. Not much. Maybe 30, 37, 35 dollars.
10 Q Okay. And you also remember when you were talking
11 with the detective here at the hospital that you told
12 him you weren't sure if those guys got away with any
13 money; is that true?
14 A 1 don't remember; that
15 Q Okay, all right. In fact, you never told Detective
16 Johnson that there was any money missing at all in
17 reference to this incident until. November 8th, 1995 at
18 the time of the lineups; is that right?
19 A That's when I -- that's when they asked me how much
20 money was taken, so I couldn't give them no statement
21 unless if I was asked.
22 Q But it wasn't in -- you'd agree with me that
23 irregardless of who asked or whether- or not they
24 asked, you didn't tell anybody until November 8th of
25 1995?
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1 A I wasn't able to talk to anybody.
2 Q Okay. Even though the detective did come to the
3 hospital and talk with you; right?
4 A He might have did. I was out of it. I was -- with
5 210 stitches, I lost a lot of blood, and I don't know.
6 I really don't know.
7 Q Do you remember who the police officer was who first
8 arrived on the scene when this incident occurred to
9 . you?
10 A I don't know. I see so many people, and I really
11 don't know. I couldn't --
12 Q Do you remember telling any of them that you thought
13 that maybe there was $500 missing?
14 A No. No, I didn't, no.
15 Q Okay.,
16 A No, I couldn't say that.
17 Q After this incident occurred, you said there was —
18 Strike that. You told me before that there was money
19 in the brandy box on the floor, and that when you
20 struggled that that box could have gotten knocked over
21 and that money could have spilled out. Is that a true
22 statement?
23 A Yes.
24 Q Okay. And after the incident occurred, was there
25 still money spread on that floor area where the brandy
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