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14
Q: You had a conversation between the time you were placed on the witness stand this morning and the
present time now, isn't that correct?
A: Yes.
Q: Weren't you reminded of a few things that would happen to you if you didn't testify?
A: Yes.
Q: And those were the same things that the police officers told you about that would happen to you, like
sitting in the electric chair, isn't that correct?
A: I didn't have a chance.
Q: You didn't have a chance, did you?
A: No.
Q: You are doing what they want you to do, aren't you?
A: Yes.
Q: Has anyone gone over your confession with you to help you remember it?
A: Yes.
Q: Who did?
A: Mr. O'Leary [the County Attorney]
Q: Was your lawyer there at that time when you went over it with Mr. O'Leary?
A: No.
At the end of the hearing, he asked him:
Q: Are your eyes all right?
A: Yes.
Q: What are you wearing sunglasses for? Do you always wear sunglasses?
A: Yes.
Q: Would you take them off for us?
A: Yes.
They say that people in the courtroom gasped. His eyes were red and swollen. He had obviously been crying. It
seemed he might have been struck. When the judge said, "You may put them back on, if you want," the Preliminary
Hearing was over.
DEPOSITION OF DUANE PEAK
Duane was kept in seclusion in Fremont, Nebraska, September, October, November, December, January and
finally in February, the defense attorneys were allowed to take a deposition from him. He had this to say about the
911 call.
Q: What did you do with your voice differently then than you are using now?
A: I raised it.
Q: Did you shout?
A: Yes, I talked loud.
Q: What did you want to get over to the Police Officer with the voice that you used?
A: Make it sound like I was excited or something.
Q: And you did this by raising your voice and sounding in an excited manner?
A: Yes.
Q: Did the operator ask you any questions?
A: He asked me what was the address of the house and then he asked me what was my address.
Q: And what address did you give back?
A: I gave some address on Pratt, something and Pratt.
Q: Any reason to give him this Pratt Street address? Did it belong to anybody?
A: No, just made it up.
Q: Did the officer ask you where you were calling from?
A: Yes; I told him the telephone number.
Q: Did he ask you what the telephone number was on the dial in the telephone booth you were using?
A: I think he did. I think he did.
That's nothing like the 911 call on pages 2-3.
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