Mr. Herndon. I tried to make them as short as possible and as clear as possible. Again, I’m going to ask you just as a matter of format here, “Did you take any medication this morning?” You have already answered that question, but that will be one of the questions I will ask you. I’m also going to ask on series 1, just to give you a little time to relax here, some of these rather simple questions such as: “Did you voluntarily request this test?”
Mr. Ruby. Yes.
Mr. Herndon. You have already indicated your answer to that. And, I will ask a rather obvious question as a matter of identity, “Is your first name Jack? Is your last name Ruby?” These types of questions will be asked and I want to make sure I cover each and every one. I’m going to ask you, “Do you use the middle name ‘Leon’?” I understand you do; is that correct?
Mr. Ruby. No; very rarely, very rarely.
Mr. Herndon. All right, you can answer that as you see fit, when I ask it on the test. I will ask you this question, and I want to ask this as a matter of record for me because I interview a lot of people: “Have you ever been arrested?” Now, what I mean in this regard, and I’ll probably change that phraseology to “Have you ever been arrested before? Prior to the shooting, have you ever been arrested?” Now, what I mean by “arrested,” Mr. Ruby, is were you ever actually placed under arrest and brought before some type of magistrate and charged with any crime. That question will also be on the first examination. Those are the questions I’m going to ask you. Do you have any questions about them, sir? Are they clear and concise to you?
Mr. Ruby. When you speak of the last question about a crime, I’ve never been involved in a crime, so if you’ve been arrested for selling beer after hours, does that qualify as an answer too?
Mr. Herndon. Well, what I mean by “arrested” is if you were formally charged with something?
Mr. Ruby. Like a felony?
Mr. Herndon. Well, any type of a formal arrest, wherein you actually were arrested and charged before a magistrate, of offending a law that’s on the record, either of a community, a city, or the State.
Mr. Ruby. You don’t necessarily have to have been found guilty or anything, just the point of being arrested, is that right?