call took place March 17, 1988, after the discovery of the bodies. As it was not made during the duration of the conspiracy, it was improperly admitted at Floyd's trial.
Gayla Hood testified she observed a van similar to Floyd's at the home of Chuck Noland, that she heard a voice coming from inside the van which she believed to be Floyd's, and that she observed "bloody water" running out of the back of the van. This testimony was her own personal observations and therefore was not hearsay. 12 O.S. 1981, § 2801(3) (testimony by a witness at trial concerning that witness' personal observations made outside the courtroom is not hearsay).
Roberta Lancaster testified that Jones had asked Lancaster and her sister to hold Kim Grant hostage so that Grantits admissibility. Its lack of relevance precludes its admission at trial.
Donald Cargle, incarcerated with Omalza at McLeod Correctional Center from January to March of 1988, testified to certain conversations he had with Omalza concerning Patricia Jones. When Cargle admitted testifying differently on a previous occasion, the State was allowed to read from the transcript of a "deposition"[27] and the transcript of Cargle's testimony given at co-defendant Flippo's trial.
In the sworn statement and at Flippo's trial, Cargle testified that Omalza had told him of the plan to kidnap Grant and Robinson by luring them with a drug sale; that Floyd was to take the victims to his father's house, threaten and scare them and if that did not work, "take them to the lake;" and that Floyd had told