2.Jessie Laintz — Direct
69 linesJessie Laintz, being first duly sworn, testified as follows:
COURT CLERK: State your name and spell your last name.
JESSIE LAINTZ: Jessie Laintz, L-A-I-N-T-Z
DIRECT EXAMINATION By Ms. Mayes:
SUZANNE MAYES: And, Lieutenant Laintz, can you tell us how you became involved in the investigation involving the Defendant, Timothy Ray Jones, Jr.?
JESSIE LAINTZ: I was involved once it became missing report and it came to me to crimes. And I actually happened to be the on-call Sergeant when we got the call from Mississippi.
SUZANNE MAYES: Can you tell us whether or not you became aware of a black T-mobile Samsung Galaxy Note Three cell phone that was collected as evidence in this case?
JESSIE LAINTZ: Yes, ma'am.
SUZANNE MAYES: And can you tell us in what year the cell phone was originally obtained as evidence?
JESSIE LAINTZ: The cell phone was originally obtained into evidence in Mississippi 2014, it was in the suspect's vehicle.
SUZANNE MAYES: And then I want to take you to 2018 and I want to start by asking you whether or not you have a forensic expert on site or who works in conjunction with the Lexington County Sheriffs Department?
JESSIE LAINTZ: Yes, we have a person who does electronic forensics. Mike Phipps, he is actually works for the sheriffs department and he is a liaison or works with the Secret Service doing electronics.
SUZANNE MAYES: All right. And as a result of his role can you tell us whether or not he has software which is continually involved?
JESSIE LAINTZ: Yes, ma'am.
SUZANNE MAYES: And can you tell us whether based on your job responsibilities within the major crimes unit, whether or not you are familiar with both the term, physical extractions and logical extractions?
JESSIE LAINTZ: Yes, I am familiar.
SUZANNE MAYES: And are you familiar with whether or not Detective Phipps, as of 2018, had software which would allow both a physical and logical potentially for this cell phone, Samsung Galaxy Note Three?
JESSIE LAINTZ: Yes, that is correct.
SUZANNE MAYES: As a result can you tell us whether or not it was determined that a physical as well as a logical extraction of this phone may be relevant to evidence in this case?
JESSIE LAINTZ: Absolutely.
SUZANNE MAYES: And as a result what action did you take?
JESSIE LAINTZ: Well, the first search warrant that was done on this phone, it was a logical that was done. So physical and the advanced technology and almost five years, another search warrant was done on this same phone to get a physical and actually collect the deleted data. Its range of collecting is much farther.
SUZANNE MAYES: Okay. And just to clarify, has Detective Phipps within your agency obtained new and is he in the process of obtaining new software through the course of his job there?
JESSIE LAINTZ: Yes. Since this incident actually happened in '14, to date, he was over in our office in 2014 where he did most of his work. Now he is over to the service office and his access to the newest technology has ever grown. the Secret Service gets a lot more stuff than we do. So his access is just, they have the new high fancy stuff that we don't.
SUZANNE MAYES: Evolving software?
JESSIE LAINTZ: Exactly.
SUZANNE MAYES: I am going to show you a document and ask you whether or not you are familiar with it?
JESSIE LAINTZ: Yes, ma'am.
SUZANNE MAYES: How so?
JESSIE LAINTZ: This is a search warrant I obtained on November 26th, 2018.
SUZANNE MAYES: And I want to start at the front of the affidavits. First of all, let me ask you, I know you said you obtained it but who actually prepared the affidavit in this case?
JESSIE LAINTZ: The affidavit was prepared between Sergeant Creech and I, both worked on it at the same time.
SUZANNE MAYES: And you ultimately you submitted this to a Magistrate?
JESSIE LAINTZ: Actually to Your Honor.
SUZANNE MAYES: Okay. And on what date did that occur?
JESSIE LAINTZ: On November 26th, 2018.
SUZANNE MAYES: I am going to start with the description of the premises. If you could tell us what is noted on that search warrant?
JESSIE LAINTZ: It says a Black T-mobile, Samsung Galaxy Note Three cell phone bearing serial number RB8F30J9M5N which was retrieved from the vehicle of Timothy Ray Jones, Jr. in Smith County Mississippi by the Mississippi Bureau of Investigations on September 7th, 2014. The device is currently located in the evidence building at the Lexington County Sheriffs Department located at 521 Gibson Road in the area of Lexington, South Carolina.
SUZANNE MAYES: And can you tell us whether or not the description of property would include, include internet searches, internet history and things of that nature?
JESSIE LAINTZ: Yes. The property we are looking for is in array, the phone is now a handheld computer so it has everything under the sun on it. So, yes.
SUZANNE MAYES: And I think you mentioned regarding the physical extraction, it could potentially recover any deleted data?
JESSIE LAINTZ: That's correct.
SUZANNE MAYES: Now, I want to move forward to the reason for your belief that the property sought would be held within the data of the phone?
JESSIE LAINTZ: All right. And the probable cause for it was, is that what you are looking for?
SUZANNE MAYES: Yes.
JESSIE LAINTZ: On Wednesday, September 3rd, 2014, Timothy Ray Jones, Jr. was placed in NCIC as a missing person along with his five juvenile children by the Lexington County Sheriffs Department. On the evening of Saturday, September 6th, 2014, Timothy Jones, Jr. was stopped in Smith County Mississippi at a public safety checkpoint. It was discovered that Jones and his children had been reported missing, however Jones was alone. On Monday, September 8th, 2014, Timothy Jones, Jr. made statements to law enforcement officials admitting to maliciously killing his five children within his home located at . Southlake Drive. This home is located within the Red Bank area of Lexington County, South Carolina. This is also the home that had been reported missing from. Following the statements on Tuesday, September 9th of 2014, Timothy Jones, Jr. then led law enforcement officers to a location in Wilcox County, Alabama where the bodies of his five children were located.
This is supported by physical evidence and various witness statements. Timothy also worked in the computer industry and had numerous computers, flash drives and cell phones in his possession at the time of his apprehension in Smith County, Mississippi. It is believed the contents of this device may collaborate the physical evidence and testimony by Timothy on this case regarding his actions between September 3rd, 2014 and September 6th, 2014. It is also believed the contents of this device may shed light on Timothy's state of mind and other actions by Timothy leading up to and during the timeframe that are currently unknown to law enforcement. Search warrants were previously obtained for this device but pursuant to these physical extractions of large, I am sorry, physical extractions of the target device were not performed which would entail the potential recovery of deleted data pertaining to the above. Forensic analysis has since indicated that a physical extraction is possible on the target device model. An additional search of this device, the SOPPS performed the physical extraction in order to locate and serve any, excuse me, relevant information located on the device to lead, for storage or other memory.
SUZANNE MAYES: All right. And you recognize your signature there on the search warrant?
JESSIE LAINTZ: Yes, ma'am.
SUZANNE MAYES: And, again, the date which it was obtained?
JESSIE LAINTZ: Yes, ma'am. It is November 26th, 2018.
SUZANNE MAYES: All right.
SUZANNE MAYES: And, Your Honor, we would mark this as a Court's exhibit.
THE COURT: That will be 79. (Whereupon, Court's Exhibit 79 was marked for identification only.)
SUZANNE MAYES: Now, Lieutenant Laintz, it was mentioned there in the probable cause section of this search warrant that this particular extraction would potentially be able to be classified as a physical extraction. At the time you obtained the search warrant did you believe that was potentially out there?
JESSIE LAINTZ: Yes, ma'am.
SUZANNE MAYES: And ultimately did you know whether or not Detective Phipps was able to execute an extraction of this phone including a physical extraction?
JESSIE LAINTZ: Yes ma'am, he was.
SUZANNE MAYES: And do you have with you a copy of his return?
JESSIE LAINTZ: Yes, I do.
SUZANNE MAYES: And what was the date of his return?
JESSIE LAINTZ: It says physical and file system images of the phone, phone's memory and a logical image of the SIM card.
SUZANNE MAYES: So this extraction did include the physical and file system images which you were seeking through this 2018 search warrant?
JESSIE LAINTZ: That's correct.
SUZANNE MAYES: And what is the date in which that return was filed by Detective Phipps?
JESSIE LAINTZ: It was on November 30th, 2018.
SUZANNE MAYES: I beg the Court's indulgence. Nothing further at this time, Your Honor.
THE COURT: Mr. Secor?
CASEY SECOR: I have got no questions, thank you.
THE COURT: You can step down.