This is the witness testimony of James (Jim) Dunn and Jan Davies, a couple who lived next door to Bundy and testified for the defense. They were friends with Bundy and had a hard time believing he was guilty of kidnapping. Bruce Lubeck was Bundy’s defense attorney along with John O’Connell.
DIRECT EXAMINATION OF JAMES DUNN BY MR. LUBECK:
Q: State your name, please.
A: James Harvey Dunn.
Q: And your address?
A: 553 First Avenue, No. 8, Salt Lake City.
Q: And, Mr. Dunn, are you employed?
A: I am not at the present time, no.
Q: Are you a student?
A: Yes, I am.
A: At the University of Utah.
Q: Do you know the Defendant in this matter, Theodore Robert Bundy?
A: Yes, I do.
Q: How long have you known him?
A: I have known him since late September, 1974.
Q: Where did you first meet him?
A: In our neighborhood. Specifically, at his front door.
Q: Where did he live at that time, do you know?
A: The house next door to mine. I guess it’s 565. I don’t know the exact address; one house down.
Q: You lived next door to him?
A: Yes, I did.
Q: What was the nature of your first meeting with him?
A: I needed someone to help me haul home a desk, particularly someone with a pickup truck, and I knew somebody in the house next door to mine owned a pickup. There was a great big white Ford pickup truck that used to sit out front. So I started inquiring, and found out that it was Ted’s, and that’s how I met him.
Q: Did you have occasion to use that truck?
A: Well, yes. Like I said, I needed someone to haul home a desk, and I asked him to help me haul it home, seeing as how he was the one with the pickup truck, and he agreed to that on the condition that I help him haul some garbage out to the junk yard.
Q: And did you do that?
A: Yes sir. Yes, we did.
Q: Thereafter, until the present, how often have you had occasion to see Mr. Bundy? How many times a week, per month, or whatever?
A: Oh, just kicking around the neighborhood, you know, couple, three times a week, and we’d have him over for dinner every so often.
Q: He’d be in your apartment?
Q: And you in his?
Q: Are you married, Mr. Dunn?
A: Yes, I am.
Q: Did he meet your wife, also?
A: Yes, he knows her pretty well, too.
Q: Did you ever go out on social occasions with him?
A: Ted and I have never really gone out anywhere together other than to the parts store to get a part for a car or something. Other than that, socially, our dealings have just been in the home.
Q: Did you ever see Mr. Bundy dressed up?
Q: How did he usually dress? What did he usually wear?
A: When he was dressed up, he dressed pretty much as he is today.
Q: How was he usually dressed?
A: Like I am. Slacks, sweater, pair of jeans, a sweater, tennis shoes.
Q: What kind of jeans? You mean Levi’s?
A: He has a favorite pair of blue dungarees with an elastic waistband. He has been wearing those, well, ever since I have known him. I think he still wears the same pair of pants.
Q: Mr. Dunn, any time you ever saw him, whether he was in those Levi’s or whether he was dressed up, or wherever he was, was there ever any occasion when you ever saw him wearing patent leather shoes?
Q: Do you think there was any reason you would happen to notice if you had have?
A: Yes, that wouldn’t fit with Ted’s image as I know him, at all. It would be fairly incongruous.
Q: Were you ever in his apartment?
A: Yes, many times.
Q: Did you ever have occasion to see his clothes closet?
A: Yes sir, I have. His clothes closet was in his study. He also had a dresser in his study, and a rubber boat.
Q: From the time you first met him in September, ’74, did you ever see any patent leather shoes in his apartment?
A: Never. Never once. Not once.
Q: Did you ever know Mr. Bundy to wear a mustache?
A: In conjunction with a beard yes, but never a mustache alone.
Q: Did you ever seen him with his hair greased?
A: No. Never.
Q: Have you ever been in his car or seen his car?
A: Yes, I have ridden in his car several times.
Q: Do you know what kind of car it was?
A: It was a late model Volkswagen. I’m kind of color blind; I guess it was beige, light-colored. Had a sunroof, coca mats on the floor.
Q: Had a sunroof?
Q: Did you ever have occasion to notice stuff in his car? Did you ever carry anything in his car?
A: Normally, Ted carried all manner of junk, tools, et cetera, in his car all the time. A jacket. He was usually equipped for any emergency on the road.
Q: How else could Mr. Bundy get around besides with the car and truck?
A: If it wasn’t in his car, it was on his bicycle.
Q: Did he ride a bike a lot?
A: Yeah, he got around on it fairly well.
Q: Did you ever see him ride his bike in the winter?
A: Yes, I have.
Q: Very often?
A: In the snow. I ride my bike in the winter. I ride mine all year long. Ted does the same.
Q: Mr. Dunn, excuse me, you mentioned you saw Mr. Bundy sometimes have a mustache in conjunction with a beard. When was that? Can you tell us when that was?
A: I couldn’t give you any specific dates on that. Just before the trial started, he was sporting a beard.
Q: The trial now?
A: Yes. Just prior to it. At various times off and on in the length of time that I have known him, he’s had a beard, but I never paid too much mind to it.
Q: Did he ever have a full, you know, a mustache that was something other than a two-day growth?
A: No, never.
MR. LUBECK: That’s all.
MR. DUNN: Ted usually was the kind of guy that, you know, when he grew one, he just didn’t shave for a couple weeks and never shaved it all off.
MR. LUBECK: Thank you, that’s all.
CROSS-EXAMINATION BY MR. YOCOM:
Q: Did you have any reason during the period of time you have been acquainted with Mr. Bundy to look specifically at his clothing and in his closet? Did you take an inventory of them?
A: No, I didn’t sit down and make up lists of the kind of clothes that Ted had.
Q: You had no occasion to particularly remember the type of clothing or the type of shoes, again, he would have in his clothes closet?
A: I have seen his clothes closet before, and as I recall, Ted had but four pairs of shoes. He had a pair of Adidas, tennis shoes, he had a pair of rubber boots that he used for kicking around shoveling snow, he has a pair of shoes he has on today, and as I recall, he had a pair of brown loafers.
Q: Shiny loafers?
A: Same kind of leather as this (witness indicating shoes he was wearing).
Q: So you did take some kind of inventory then?
A: I suppose, yeah.
Q: How many times were you in his closet?
[Laughter in the courtroom].
A: I don’t make it a habit—
THE COURT: Hold on just a moment. If we had a jury here, of course, the Court would totally preclude any response from the spectators, because that affects a jury sitting attempting to impartially view and weigh evidence. It gets very distracting for me, and I would appreciate it if the spectators will not respond in the way they just did, because we are not dealing with ordinary events on a day-to-day basis, we are dealing with a serious matter, a very serious matter. All right.
Q: I think my question was: how many times had you been in his closet?
A: Specifically, I can remember one time where I kind of nosed around his apartment, because my wife and I were taking care of his plants while he was on a trip to Seattle. I have been in his study while Ted went into his closet to get something, and of course, the door is open.
Q: So your testimony is one time you nosed around his closet while he was out of town?
A: That’s correct.
Q: And you don’t know what kind of shoes he was wearing in Seattle, I suppose? No way to know that?
A: If there’s no way to know that, why did you ask it?
Q: Will you respond to the question, sir?
A: My response is: why do you ask the question if there’s no way to know that? That’s a contradiction.
THE COURT: Your answer is no, then?
MR. DUNN: Would you restate your question?
MR. O’CONNELL: I will object to the form of the question. The reason the witness is reacting this way is Mr. Yocom asked a question and answered it himself.
MR. DUNN: Exactly.
MR. O’CONNELL: I will object to the form of the question.
THE COURT: All right. The objection is sustained.
Q: Did you ever go through his suitcase?
A: No, I have never had an occasion to look in Ted’s suitcase.
Q: He had a number of suitcases in his apartment, didn’t he?
A: I don’t recall.
Q: None at all?
A: I don’t recall seeing any.
Q: He traveled a lot, didn’t he?
A: As I remember, he traveled—there’s two trips that I distinctly remember him making. That was a trip to Seattle on Christmas, ’74, and another trip to Seattle right after the law term finals in June last year, 1975.
Q: And you never saw him carry out a suitcase?
A: I don’t remember that sir, at all.
Q: When he had gone on these trips, did he take any clothing with him?
A: I suppose, but I have never seen him leave, physically.
Q: But you never saw any suitcases in his closet?
A: Not that I recall, no.
Q: Did you happen to notice the times that you rode in his VW automobile the condition of the back seat?
A: Yes. I was fairly aware of the condition of his automobile, because August, last year, when he sold his car, I entertained the thought of buying the automobile from him, and I checked it out fairly thoroughly.
Q: Going back to when you first met him in the fall of 1974, were you aware of the condition of the vehicle at that time?
A: I would say yes.
Q: And did it contain torn upholstery in the back?
A: As I recall, there was a small tear in the top of the back seat of his automobile on the driver’s side, and it was probably at that time maybe six inches long.
Q: Do you recall the exact length of that tear?
A: I said about six inches long.
Q: I know. Could it have been as long as three feet?
Q: So you had a specific reason to think back to the fall of ’74 and remember how large it was?
A: Yes, because I had ridden in his car several times.
Q: A little tear like six inches would hardly be noticeable, would it?
A: When you have an identical tear in your own automobile, I suppose you notice things like that.
Q: Did you ever ride in the back seat, or just the front seat?
A: Just the front seat.
Q: When did it become as shown in Exhibit 28, or even better, in Exhibit 20?
A: I have never seen his automobile like that before.
Q: You never have?
A: Never. It wasn’t that way last August.
Q: August of ’74?
A: Exactly. August of ’75.
Q: ’75? It was not?
A: No, it was not. This was subsequent to his original arrest on the burglary tools charge and prior to his arrest on the aggravated kidnap.
Q: Are you saying that because he replaced that back seat before he sold it?
A: I don’t know that he replaced the back seat. As I recall, it was the same seat, with the same tear in it that was always there, but it was never in that kind of condition.
Q: If I told you that these photographs were photographs of that seat as it existed on October 21st, 1975, would you dispute that?
A: On August 21st, I don’t know the condition specifically on that specific date.
Q: Well, you said—
A: In August when I looked at his automobile, it wasn’t like that.
Q: Was it completely repaired?
A: No. In August, the tear had grown to maybe probably 8, 12 inches.
Q: But not this large?
A: Not that large, and not with upholstery falling out of it, no.
Q: How would you describe Mr. Bundy with regard to his beard condition, his whiskers, particularly? If he went for a few days, would it get noticeable?
A: Yes. As I remember, Ted had a fairly heavy beard. Yeah, it would be noticeable after two days, three days.
Q: As well as the mustache area, as well as the beard?
A: Yes. I would say it would be.
Q: And did you see him wear a mustache in the fall of ’74?
A: I have never seen him wear a mustache alone. It was always in conjunction with a beard.
Q: I understand that. But did he have a mustache in conjunction with the beard?
Q: And he would change his appearance quite often, wouldn’t he, with regard to that? His hair style, beard, mustache?
A: No more than I, I don’t think.
Q: I don’t know how often you do it, sir.
A: Okay. Well, I have a tender face. I shave—you know, if I don’t have anything important right now, I’m not working, sometimes I won’t shave for a week. My hair has been all different lengths since September, ’74, the time that I have been in Salt Lake. It’s been as long as Mr. O’Connell’s, and I think his is probably about as short as it’s been.
Q: And you would say that Mr. Bundy, during this period of time in the fall of 1974, would do the same thing that you have just described yourself doing?
Q: Growing a beard, a mustache, cutting his hair short, letting it grow long?
A: Yeah. I wouldn’t say that was abnormal for a student.
Q: Quite common for him, then?
A: (Nodding yes).
MR. YOCOM: No further questions.
MR. LUBECK: Nothing further.
EXAMINATION BY THE COURT:
Q: Mr. Dunn, let me inquire: on your testimony on direct, you testified that he never wore a mustache alone, except in conjunction with a beard, and the beard you saw him wear was one just prior to the commencement of the trial. Then on cross-examination, you testified that in September, or during the fall of 1974, that you observed that he wore a beard, or let a beard grow. Is that correct?
A: I may have contradicted myself. If I said that prior to this trial was the only time that I have ever seen him with a beard on, I was wrong, and I hope you didn’t misunderstand me. What I meant was he wore a beard then, that was the only time I could definitely say to you that he did have a beard. Prior to that, I have seen him with a beard off and on several times.
Q: All right. Now, when you observed that he had a beard growth—and I take it he was growing the hair on his upper lip, as well?
Q: During that period of time, we are talking about the fall of 1974, can you recall how long he would let it grow? That is, did he let it grow only as long as you have got, or shorter than you have got, or as long as I have got, or as long as Mr. O’Connell has?
A: About the longest I have ever seen his beard and his mustache has been about two, three months growth.
Q: So I get it in my mind: how would it compare with what I have got?
A: Not quite as heavy. It would be more like mine, only thicker.
THE COURT: All right. Any further questions?
MR. YOCOM: I have one further question on cross-examination, your Honor, if I might.
FURTHER CROSS-EXAMINATION BY MR. YOCOM:
Q: You said he carried all sorts of tools in his car. You said “junk.” He was always equipped for any emergency on the road. Could you described what type of tools and “junk” you are talking about you saw in his car?
A: Specifically, sir, I knew that he had a fire extinguisher, that was in the passenger’s compartment of his automobile. I have seen in his trunk but once, and at a glancing view, it was filled full of junk, he carried usually a coat in his car. I couldn’t really be more specific than that.
Q: Well, you said tools. What sort of tools?
A: As I recall, he had a tool box.
Q: A tool box. Did you ever see an 18-inch crowbar?
A: Not to my recollection.
Q: Have you ever seen any handcuffs?
MR. YOCOM: No further questions.
MR. LUBECK: Nothing further.
THE COURT: Thank you, Mr. Dunn, you may be excused.
DIRECT EXAMINATION OF JAN DAVIES:
Q: Will you state your name, please?
A: Jan Davies.
Q: And your address:
A: 553 First Avenue, Apartment No. 8, Salt Lake City.
Q: Are you related to Mr. Dunn, who just testified?
A: Yes, I’m married to James Dunn.
Q: And do you know the Defendant in this case, Ted Bundy?
A: Yes, I do know Ted Bundy.
Q: When did you first meet him?
A: Late September, 1974.
Q: He was your neighbor?
Q: Was he ever in your apartment?
Q: How many occasions in the fall of 1975, or until the first of 1975, how often would you see Mr. Bundy?
A: About every weekend.
Q: You would see him about every weekend?
Q: How did Mr. Bundy usually dress?
A: Well, usually when I saw him, it was in the afternoon, five o’clock, after I got off work, and he usually had on a pair of slacks, a long-sleeved shirt, and a sweater vest, a pair of loafers; sometimes a turtleneck, a pair of jeans, and a pair of loafers. I have seen him in suits. I have seen him in the suit he’s got on today before, and I have seen him in a light brown coat suit with a vest, I believe, and a tie, quite dressed up.
Q: When you saw him on these occasions in slacks or a suit, did you ever once in 1975 ever see him in shiny patent leather shoes?
Q: Were you ever in his apartment?
Q: Did you ever have occasion to take care of it?
A: Yes. Ted asked Jim or myself to take care of his apartment when he would go to Seattle, or he’d be away for a time, and he had a couple of plants, and he didn’t want them to die, that sort of thing. And I have been in his apartment.
MR. LUBECK: I think that’s all. Thank you.
CROSS-EXAMINATION BY MR. YOCOM:
Q: The two times you say you “took care” of his apartment, what do you mean by that?
A: Well, like I say, he had, I think, an orange tree and some ferns, and while he was gone he didn’t want his plants to die, so we would go in and either Jim or I, we would water his plants and spray them, and at night turn the heat up, and then in the morning turn it off.
Q: Were these plants in his closet?
Q: So you never had an occasion, I take it, to look in his closet to see what his wardrobe was?
A: Well, I must say that I am not a very snoopy person, but no, I never looked in his closet.
MR. YOCOM: Good for you. No further questions.
THE COURT: Anything further?
MR. LUBECK: Nothing.
THE COURT: Thank you Ms. Davies, you may be excused.