Mary Dye's Testimony
Continued From Page One:
Q: How far out 298 did you travel?
A: To the intersection.
Q: To the intersection of what?
A: I don't know the numbers on the other road.
Q: OK. Was it a good ways or just a few hundred yards or how far out 298 did you go, how many minutes were you out driving that road?
A: I don't know how many minutes it would have taken. / {BMW Note #7: The intersection that Dye was speaking of is located precisely 1/2 mile from the highway that she'd just turned off of. How long would it take you to drive 1/2 mile, turn around and come back? I did it in 1 and 1/2 minutes. See map below:}
The following map shows the intersection of Township Roads 298 and 297:
If you look closely, you can detect that another road cuts off 297 & 298, right where the two meet. This is an Athens county road which swings in a wider semi circle around the top of the hill and comes out at the stop sign at Torch, Ohio.
Back to Mary Dye's testimony
Q: While you were driving, were you driving rather slow, looking at landmarks and other things, were you {looking for a dump} in other words?
A: Yes.
Q: And at some point in time, did you elect to turn around and come back toward State Route 50 and Route 7?
A: Yes, sir, I did.
Q: Tell us what happened.
A: Well, I was coming back to Route 7 and I was coming down the hill, and as I went out through there, I seen a road off to the right that I thought Georgia had talked about, so I was going to check that road out as I came down the hill. So, I came down the hill very slowly, was looking that road over really good, and then I saw something move, and I couldn't see what it was, so I just sat there in the middle of the road and watched.
Q: All right. Then what happened?
A: And I realized it was a car that was coming at me out of that road. / {BMW Note #8: / Keep in mind this "road" that Dye is talking about is actually a private drive-way, with heavy slag on it, and it is approximately 75 feet in length, and quite steep.}
From my own court room notes:
Date in question: September 28th, 1996:
Jackie McCrady signaled "on duty" at 7:52 a.m. He was working the 8 to 4 shift that day:
He and his partner both worked the Noble/Harrison County area until around noon at which time they came into Washington County, and headed down Ohio 7 toward Belpre:
12:20 p.m. McCrady's partner stopped near the Ohio 7 & 550 intersection to check a disabled vehicle: McCrady was a little further "south" on Ohio 7 {which means he was running a little ahead of his partner}:
By approximately *2:00 p.m. both troopers were in the Belpre area: McCrady's partner left the Porterfield, Ohio area and headed toward Barlow on State Route 339 while McCrady continued on down 50&7 and into the Little Hocking area:
At *2:06 p.m. McCrady radioed his partner with an "all clear to the Athens County line." {This means he was precisely one mile south of Township Road 298, and at the "Torch" area .... at 2:06 p.m.}
At *2:17 p.m. McCrady's partner radioed him that he was responding to an accident {car wreck} in Barlow, Ohio at the 339/550 intersection ...
It is 8.5 miles and approximately 13 minutes driving time from Porterfield to Barlow:
According to the testimony from McCrady's partner, McCrady joined him in Barlow, Ohio after he completed the accident report at *2:40 p.m. and by 3:00 p.m. both cruisers were sitting at a small roadside park in the Barlow area.
Back to court room testimony:
*Repeating /Prosecution's Question: All right. Then what happened?
*Repeating /Mary Dye's Answer: And I realized it was a car that was coming at me out of that road.
Q: And then what happened?
A: And then when it got down to so far, you could tell it was a State Highway Patrol car. / {BMW: Keep in mind, she is looking at a charcoal gray vehicle with a set of lights on top of it and a large eagle along the side! A blind person could have plainly seen it was an Ohio State Highway Patrol cruiser. Sheriff cruisers are black, and Belpre city cruisers are white. Only the state ran charcoal gray cruisers in 1996.}
Q: Did that alarm you?
A: It concerned me.
Q: What did you do at that point?
A: I kept looking at the car trying to --
Q: Were you still in your vehicle?
A: Yes.
Q: And tell us exactly what you were doing at that time.
A: I was looking at the car, and when I saw the emblem, I knew exactly what it was, but I needed to see {*who was driving that car.}/ {BMW Note #9 / Unusual comment. She claimed that she did not know Jackie McCrady. How could she know "who" was driving the vehicle without knowing the person to start with?}
Q: So, what did you do to try to accomplish that?
A: I put my window down, and I looked in my rear view mirror as I drove past him, the car./ {BMW Note #10 / I have re-enacted this woman's testimony in half a dozen vehicles. It is virtually impossible to look in your rear view mirror and see the driver of a vehicle on the oil access road. It is a definite 45 degree angle, and the mirror will not swing far enough to accommodate viewing of the driver ..... especially if you are in the position Dye claimed she was in ..... read on.... {and as of 9-07-04 prepare for a real treat!! I have now taken pictures of everything! They are great and I can't wait to get them up so everyone can see what these people are talking about!!!!}
Q: As you drove past, was that car coming on down the hill toward Township Road 298?
A: Yes, he was moving slowly too.
Q: And tell us what you saw.
A: I saw his face in my rear view mirror.
Q: Okay.
A: In my outside mirror.
Q: I want you to look around the courtroom and ask you if you see the person that you saw driving that vehicle, do you see that person in the courtroom today?
A: Yes, sir, I do.
Q: Could you point that person out?
A: It's the gentleman right there, Mr. McCrady (indicating.)
Schneider: Let the record show she has pointed to and indicated the defendant:
Court: The record may so show:
Q: Did you know the person's name that day?
A: No, sir, I did not. {{BMW: By 'TV' time, this would all change. Dye is shown in one tv episode saying "Georgia said his name was Jack." It sickened me then, and it sickens me now. The 'truth' does not change ... not for Tv, not for anyone.}
Q: How far away from him were you when you saw him in terms of car length, estimate how far away you were?
A: I'm not sure on that. / {BMW note #11 / Notice how this is dropped. The man asked for an estimate, not an accurate measurement. He got neither. If she was "blocking his exit" (as she claims later) she was sitting straight across from him, the width of one lane of road. Unless she was in the middle of the road as she claims. In that case she was even closer to him! But, let's read on:}
Q: When you saw him, had you come to the stop sign yet for Township Road 298 that is erected there to stop traffic before it goes onto US 50, had you reached that point yet?
A: No, I had stopped too soon. I wasn't at the stop sign yet. / {BMW Note #12 / The stop sign is just about two car lengths from the access road:}
Q: And at this point, do you believe you were like in the middle of the road?
A: Oh, I know I was. / {BMW Note #13 / The woman is sitting on a two lane road ... on the wrong side of the road, and in a blind curve coming from the four lane .... in the rain!!! With a state trooper watching her every move and doing nothing!! Hey, I got some ocean front property in Arizona I'd like to sell to anyone who believes this nonsense! }
Q: I am going to show you a photograph that has been marked as State's Exhibit P-45. I am going to ask you to look at that photograph. Do you recognize what P-45 is a photograph of?
A: Yes, sir, I do.
Q: Could you tell the jury what it is a photograph of?
A: It's a photograph of Route 7, 298 and the oil road that goes off to the right.
Q: All right. Could you point on there -- and if you would hold it up, just hold it up this way or I will hold it this way -- can you point to the area that you were on that roadway at the time you saw the person driving the car?
A: Yes, I was about right here (indicating)
Q: And do you see where the trooper car was?
A: Yeah, he was right here at the edge of the road that comes down (indicating.)
Q: All right. At that point, after you had seen his face, what did you then do?
A: I decided it was time to leave.
Q: So, tell us where you went.
A: ** I went back onto Route 7. I made a left onto Route 7.
Q: So you crossed the highway and turned left back toward -- in the direction of Belpre as opposed to going toward Torch?
A: Yes, sir, right.
Q: ** Were you able to see what direction of travel the Highway Patrol cruiser took?
A: He had to have went up the hill.
Q: Went up 298?
A: 298.
Q: Back away from State Route 7?
A: Yes, sir, he did.
Q: Why do you say that?
A: **Because he wasn't on the oil well road and he wasn't behind me. / {BMW Note #13 / There is absolutely no way that anyone could see whether the patrol car remained on the oil access road. Once you cross Ohio 7 and head back toward Belpre, the access road is completely blocked from view. I will be taking some pictures in the near future and I WILL post them on this web site so that everyone - everyone, world wide, can see that this woman's testimony was absolutely impossible and could not have happened as she says it did. 9-07-04 Pictures have been taken!!!}
Q: Okay. So he didn't follow you out onto State Route 7 or follow going the opposite direction on State Route 7?
A: No.
Q: At that point, what did you do? As you turned to go back toward Belpre, tell us what you did.
A: I drove back to Belpre.
Q: Did you make any other stops before going home?
A: Yes, I made a stop at Belpre Produce.
Q: ** Did you attempt to call Officer Garvey on that Saturday with this information?
A: Yes, I did. / {BMW Note #14 / Wonder why she didn't just stop by the police department? She had to drive right past it on her way out of town.}
Q: Were you successful in reaching him?
A: No, sir.
Q: Did you attempt to call Sergeant Garvey on Sunday, the very next day, with this information?
A: No, sir, I did not.
Q: Did you either on Saturday later that day or on Sunday, the next day, did you go back to this same location of 298?
