TESTIMONY OF DEPUTY DAVID EPPERSON

Assistant Prosecutor David Fry conducts the questioning.

“Good morning. Tell the jury your name, please.” » David
Epperson.
“And how are you employed, sir?” » I'm a sergeant for the
Jackson County Sheriff's Department.
“And on October 23, 1997, were you employed by the Jackson
County Sheriff's Department then?” » Yes, sir.
“What were your duties on that particular I guess very early
morning?” » I was assigned to District Five, which is the Blue
Summit Area of Jackson County. That’s an unincorporated area
between Independence and Kansas City. Because the area is
unincorporated, it’s patrolled by the Sheriff’s Department. My
shift was from midnight to eight. It had been a routine patrol until
I entered Lincoln Cemetery.
I was patrolling along Blue Ridge Boulevard, which runs north and
south between Lincoln Cemetery to the west and Mount
Washington Cemetery to the right. I turned west on an access
road leading into Lincoln Cemetery. There’s no gate there, so I
drove right in. It was 3:44 in the morning. The cemetery is very
dark. It has no street lights, there are lots of trees, and in
October there are lots of leaves on the trees. It’s pitch black in
there. About the only thing you can see are the lights of Kansas
City off in the distance.
Usually I just travel west on the access road until I come to a
circle drive, which allows me to turn around and go back as I
came, or turn south. I usually turn south, travel past an old
abandoned building, and exit the cemetery onto Truman Road.
There’s no gate at that entrance either.
On that night, I was about two-fifths of a mile into Lincoln
Cemetery when I observed a female lying on the ground, on her
back. My first thought was that she could be injured, or
intoxicated. Obviously, it was unusual.
I notified dispatch that I had a person down in Lincoln Cemetery. I
exited my vehicle and I yelled for the person to get up. I
approached and shined my flashlight into the person’s face. She
had a large wound from the bottom portion of her nose down into
her mouth. Her eyes were open. Her arms were above her head.
There was a puddle of blood underneath her head.
I backed up. I wanted to make sure there wasn’t anybody else in
the area. I approached her again and checked for signs of life. I
looked to see if her chest or stomach was rising. I checked her
wrist for a pulse, but she had none. I also noticed that her skin
was cold to the touch, and it was turning a bluish gray color.
I returned to my vehicle and requested assistance. Once the
detective unit got there, I secured a point on the perimeter up at
Blue Ridge Road.
They checked the victim’s pockets, and I think all they found was
a key chain. They didn’t find any identification, at least that’s
what I was told. The next day, I learned the name of the victim
was Anastasia WitbolsFeugen.
Fry has Deputy Epperson identify a photograph of the body as he
found it. There’s no way we can see it from here. It’s entered into
evidence. We’ll be allowed to see it during our deliberations.
Fry also has Epperson describe the geography of the area for us,
using overhead photos and maps. I made a quick sketch in my
notebook.

Public Defender Horton Lance conducts the cross-examination.

“Mr. Epperson, from your preliminary observations of the murder
scene, can you determine if this act was committed by a stranger
or an acquaintance of the victim?” » No, I could not.
That’s it! Lance asks that one question and is done. I can think of
a dozen questions I’d like to ask right now if I could. Jury duty,
though, is an exercise in keeping your mouth shut.
Fry has no more questions, so Judge Atwell excuses Epperson.
That wasn’t as informative as I would have liked, but there you
go.