TRANSCRIPT OF HEARING, beginning at page 35 of the Record on Appeal
DIRECT EXAMINATION OF KEVIN McDANIEL, BY MR. CORNISH:
Q: For the record, please tell us your name and where you live.
A: My name is Kevin McDaniel, and I live in Oak Bluff, Arkansas.
Q: Mr. McDaniel, please tell us about your relationship with Susanna
Blackburn.
A: I met Susanna in the winter of '97-'98. We were introduced by a mutual
friend. I thought she was the most beautiful girl I had ever seen. So I
asked her out. We started dating in December, I think it was, and we fell
in love. I didn't think I was the type to want to get married, but she
was special. I asked her to marry me, and she accepted.
Q: Mr. McDaniel, do you remember the date you asked Susanna to marry
you?
A: It was April 15. I remember because I had just mailed in my tax return;
I teased her that I needed another deduction.
Q: But you did not get married?
A: No. We were engaged, but we had not set a definite date. And then
in August, she told me she was pregnant. I was so excited. I thought we
had better get married right away. But she said no.
Q: Would you explain why you and Ms. Blackburn did not marry?
A: I thought we could just get married, and if we needed to, claim the
baby was a little bit premature. But she kept saying no and then she said
she wasn't that sure any more that she really wanted to marry me. And so
maybe the best thing to do would just be to get an abortion.
Q: How did you react to this news?
A: I couldn't understand why she was feeling this way. And I begged
her not to do it. I don't believe in abortions. And I wanted to marry her
so bad. So I told her not to worry, that I would just go talk to her parents,
and I would take all the heat, and that everything would be okay.
I just didn't think it would be as bad as she feared it would be.
She started crying and told me not to do it. But I just couldn't
see any way out. So I went to see her mom and dad, and they took
the news real well, I thought. I think they liked me okay.
They were pretty calm about it. When I left their house, I went home
and called Susanna's apartment, but there was no answer. I called
[end
of Record p. 35] her apartment for three straight days,
no answer. I went over there. Nobody was at home. Her
parents didn't know where she was. Her friends didn't know.
We couldn't find her. I was so
worried.
Q: Then what happened?
A: Well, after being missing for three days, she showed up at
my place and she told me it was over. She said she had gone to Big
Stone to get an abortion, and it was done, and she wasn't pregnant any
more, and she wanted me to get out of her life. She just broke my
heart.
Q: The engagement was off, and as far as you knew, the pregnancy
was terminated?
A: That's right. I tried and tried to get her to talk to
me, but she refused. She just wore me down emotionally. I couldn't
sleep and I couldn't eat and I felt like I was going crazy. I had
to get out of there, away from her, try to start my life over again.
So I joined the Air Force.
Q: Did you ever communicate with Susanna?
A: I tried to put her out of my mind at first. Then, at
Christmastime, I sent her a letter. I never got any response.
I tried to call her on April 15, 1999—you know, our engagement anniversary,
but the number was disconnected. I wrote a letter to her care of
her parents, but I never got an answer. So I just gave up after that.
I had to get on with my life.
Q: How long did you remain in the Air Force?
A: Until this last September. I got an honorable discharge,
and I came home to Oak Bluff.
Q: Why did you come back to Arkansas?
A: This is my home. I never intended to leave it forever.
I have family here, and friends. And I heard about some good job
possibilities.
Q: Did you contact, or try to contact, Susanna Blackburn?
A: No, but I found her name in the telephone directory.
I thought about calling, but I changed my mind. She broke my heart,
and I didn't need that kind of pain to come back.
Q: When was the next time you heard anything about Susanna Blackburn?
A: It was in October. I read her obituary in the newspaper.
It said that she was survived by her son, Joshua Kevin Blackburn, and by
Samantha. Her parents were both dead.
Q: What was your reaction to the obituary?
[end
of Record p. 36]
A: When I saw that name "Kevin," I was just floored. I thought,
"It couldn't be. She got an abortion."
Q: Have you seen Joshua's birth certificate?
A: Yes, I have. It's attached to the adoption papers.
Q: And when was he born?
A: In May, 1999.
Q: Would that be nine months after Susanna supposedly got an abortion?
A: Yes, it would.
Q: What happened when you saw Joshua's middle name?
A: I wasn't sure what to do. I didn't want to call Samantha;
she never liked me much. I was just so shocked that Susanna was dead,
I didn't really think about the consequences for the boy. In early
December, though, I started to feel like myself again. I called Samantha
and told her I wanted to get the boy something for Christmas. I wanted
to know what kind of toys he liked. Samantha told me it would be best to
leave her and Joshua alone, that she had adopted her sister's
kid, and since I had never cared about the boy or Susanna, I could
go to hell. That's when it really hit me. I mean, this was
probably my son, and he was going to spend his life with a woman who couldn't
stand me, and he ought to be with me, his father. That's when I called
the Bureau of Vital Statistics and found out that I was listed on the birth
certificate as his father. So I called Mr. Cornish to be my lawyer,
and here we are.
Q: Mr. McDaniel, have you ever registered with the Arkansas Putative
Father Registry?
A: I registered last month.
Q: But not before? Why not?
A: For one thing, I didn't even know there was such a thing as
a register for illegitimate fathers. But even if I had known, I didn't
have any reason to think I had a child. Susanna told me she got an
abortion, and I believed her. I didn't know my son existed, or I
would have done something about it.
Q: Thank you, Mr. McDaniel. That's all I have.
[end
of Record p. 37]
