CHAPTER 7 - THE VAN (CHAPTER COMPLETED @ 11:45 PM CST)

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The following is from the recross examination by the defense attorney. Q. "Sorry, Mr. Gregory." A. "Yeah. That's okay. I want--" Q. "That's okay." A. "I'll tell you exactly what I know." Q. "Exactly. What you're telling this jury is that when you came outside with the trash or with Misty Hayes?" A. "Right." Q. "The van was parked between the south end of your building and number four?" Q. "And the dumpster." Q. "Correct." A. "Wherever the dumpster is here." Q. "Sure. And this, sir, number two, the box that says number two?" A. "Uh-huh, yes." Q. "That is where the van was located when Mr. Maxwell was found by the police?" A. "No, that's not true." Q. "Where was the van located when the--" A. "Near the building. I was backed in, backed in, you know, headed out and Neil was on, this would be the south side of it, and the driver's door was open. His glasses were laying in the seat, and his hat was laying on the ground." Q. "Sir, are you telling this jury--" A. "I'm going to tell the jury that this diagram you got drawn up here isn't correct." Q. "I didn't draw it, sir." A. "Well." Q. "You're telling the jury that you believe Mr. Maxwell was between the building and the dumpster at the time that you and Chuck went out and found him?" A. "I know he was."

Fast forward to the civil trial. The defense attorney, Mr. Wilke, is the questioner. Highway Patrol investigator H.J. Folsom is answering. Q. "You never found out in your investigation until you learned during the trial that this van has been moved, do you?" A. "There's no evidence to support that the van was ever moved."

The following is from the closing statement of Mr. Mitchell, the defense attorney, at the criminal trial. "..Here's the bar. Here's the parking spots. Here's the dumpster. Here's where the van was found. Everyone says that when they took Vickie Brown to her van, that van was up in here. And he's[Ahsens] right. It doesn't whether it's in spot two or three or the fourth one. What matters was it was backed up to a position behind a parking block, and you heard it. They all said it. They all said it. And where is it that this if located? The van is now located on the other side of the dumpster where, ladies and gentlemen, there are no parking blocks.....Sergeant Roark said there wasn't any evidence of a body being drug from over here to here. Nobody drug that body. Ladies and gentlemen, I contend and I think the evidence tells you clearly that when Mr. Brooks left the parking lot, the van was here and Mr. Maxwell and the van ended up here. This man[Brooks] wasn't even present.

One last little piece of information about the van. The following exchange is from the civil trial. The questioner is the defense attorney, Wilke and the person answering is Sergeant Roark. Q. "Thank you very much. So DDCC, which really you are the special investigators, the detectives? A. "We're criminal investigators, yes." Q. "..That's just you and Folsom?" A. "For Troop I, yes."...Q. "How many--well first of all, you do know that at your request, you and officer--the DDCC's request, the van that was driven that night to the Roadhouse by Ms. Brown, it was taken into evidence?" A. "I believe it was towed, yes, and held." Looking at a document of evidence called the 'Missouri State Highway Patrol Vehicle Record', we see that the person receiving the vehicle, which is to be secured, is Eric Casey.

For you sleuths: Was it wise to have a felon take away the van. If law enforcement had gone back to the van at a later date to gather more evidence wouldn't a defense attorney go to town with the fact that a burglar had had the van?

CHAPTER 8 BRIAN 'Missouri State Highway Patrol Report of Investigation', dated 11/22/03. The reporting officer is Sergeant R.E. Roark. "Attemp to locate Brian Brooks/Interview Deborah S. Brooks....At approximately 0547 hours, November 22, myself and the following officers arrived at the residence of Brian Brooks, located north of Salem, off MO 19.. a. Corporal H.J. Folsom; b. Corporal D.C. Suhr, and; Sheriff Bob Wofford...At 0550 hours I interviewed Deborah S. Brooks..The interview was conducted in her living room. I told Mrs. Brooks that we were investigating a shooting which had occurred at Gregory's Roadhouse earlier that morning. I further explained that her husband may have been in a fight with the victim while inside the bar. Mrs. Brooks provided the following information: a. The prior evening she left her residence at 1745 hours and returned home at approzimately 2130 hours. Brian was not at home when she returned. Brian was driving his Ford F-150 pickup, which was now parked in the driveway. I asked her who the red Ford Ranger pickup parked beside Brian's F-150 belonged to, and she replied that the Ranger was her vehicle. b. She was asleep when her husband arrived this morning. She awoke when he got into bed, and thought this was between 0130 and 0200 hours. They did not converse when Brian came into the bedroom. c. Mrs. Brooks stated she knows Vickie Brown, and admitted that she and Brian have had marital problems over her. She advised that Brian had moved to Springfield, Missouri, for a few months in order to get away from Vickie. He moved back home in July 2003. She did not know if Brian is still seeing Vickie..."