7.Charles Johnson — Direct/Cross/Redirect
282 linesCHARLES JOHNSON, being first duly sworn, testified as follows:
COURT CLERK: Have a seat. Once you're seated, state your full name spelling your last name.
CHARLES JOHNSON: Charles Johnson, J-o-h-n-s-o-n.
DIRECT EXAMINATION By Ms. Mayes:
SUZANNE MAYES: I'm going to start, Mr. Johnson, by asking you a few questions. I'm going to get you to pull that microphone just a little bit close to you. And then speak loud enough so that even the last Juror can hear you. Tell us where you currently reside. What state do you reside in?
CHARLES JOHNSON: Mississippi.
SUZANNE MAYES: And you came here for purposes of this trial?
CHARLES JOHNSON: Yes.
SUZANNE MAYES: Tell us back in 2014, Mr. Johnson, where were you employed?
CHARLES JOHNSON: I was working with Smith County Sheriff's Department.
SUZANNE MAYES: And tell us what your job description was with the Smith County Sheriff's Department?
CHARLES JOHNSON: I was the investigator, slash, deputy.
SUZANNE MAYES: And where is Smith County located?
CHARLES JOHNSON: In Mississippi.
SUZANNE MAYES: And what is the town seat there in Smith County?
CHARLES JOHNSON: It's not that big.
SUZANNE MAYES: Okay. What is the general population of Smith County?
CHARLES JOHNSON: I have no, I can't, I have no idea exactly how many people.
SUZANNE MAYES: Okay. And what's the closest big city that you all would be near?
CHARLES JOHNSON: Well, you got Taylorsville and Raleigh and all that around the area.
SUZANNE MAYES: And where is Smith County in relation to Jackson, Mississippi?
CHARLES JOHNSON: It's in between Jackson and Jasper County.
SUZANNE MAYES: Let me ask you, were you working with the Smith County Sheriff's Department back, September 6th of 2014?
CHARLES JOHNSON: Yes, I was.
SUZANNE MAYES: And you told us a little bit about your job description there. Can you tell us whether or not in a rural county like that like you were working, you sometimes conduct what's known as traffic safety checkpoints?
CHARLES JOHNSON: Yes, we do. We do a safety checkpoint. We have to notify the supervisor that's on duty and see can we do a checkpoint.
SUZANNE MAYES: All right. And I'm going to take you specifically to Saturday, September 6th of 2014.
CHARLES JOHNSON: Okay.
SUZANNE MAYES: Were you working on that night?
CHARLES JOHNSON: I was.
SUZANNE MAYES: And can you tell us whether you and any other officers with the Smith County Sheriff's Office were involved in a traffic safety checkpoint?
CHARLES JOHNSON: Me, myself, and Deputy Wayne Thompson was doing a checkpoint. We had got permission from Undersheriff Marty Patterson.
SUZANNE MAYES: And whereabouts in the Smith County was this checkpoint located?
CHARLES JOHNSON: We conducted our checkpoint on Highway 18 East.
SUZANNE MAYES: All right. What time of night are we talking about?
CHARLES JOHNSON: Roughly around about 7:00 or 8:00. It was getting dark.
SUZANNE MAYES: All right. Now, you mentioned that you had to have the permission of a supervisor?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And in this particular case you mentioned Undersheriff Marty Patterson?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: Who is your sheriff in Smith County?
CHARLES JOHNSON: Sheriff Charley Crumpton.
SUZANNE MAYES: All right. Where was Sheriff Crumpton on this particular weekend?
CHARLES JOHNSON: He wasn't around at the time. Sheriff, I mean Undersheriff Marty Patterson was the supervisor that Friday night.
SUZANNE MAYES: Okay. So if Sheriff's Crumpton steps out or is away from the office for business or other reasons on a weekend Undersheriff Patterson would be your supervisor?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And also take over that role of sheriff?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: Now, in conducting the traffic safety checkpoint what are some other guidelines -- guidelines involved in that?
CHARLES JOHNSON: In order to do the safety checkpoint you must have two or more people present to do the safety checkpoint.
SUZANNE MAYES: And you mentioned that Deputy Wayne Thompson was there with you?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And did you, were you in the same vehicle or you both had separate patrol cars?
CHARLES JOHNSON: We had separate patrol cars.
SUZANNE MAYES: And then can you tell us in terms of cars coming through, are there any guidelines about how many of those cars you must stop as part of the traffic safety checkpoint?
CHARLES JOHNSON: Doing the safety checkpoint you must stop every vehicle that comes through the safety checkpoint.
SUZANNE MAYES: So that's part of the guidelines is to stop every vehicle?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And in general, what is it that you're looking for to ensure the traffic safety of your citizens?
CHARLES JOHNSON: We look for, check for driver's license, make sure the child restraint and insurance.
SUZANNE MAYES: All right. So those are the main things that you're looking for?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: On the night of September 6th can you tell us whether or not a Cadillac Escalade came through that safety checkpoint in Smith County, Mississippi?
CHARLES JOHNSON: It did.
SUZANNE MAYES: What do you recall about that?
CHARLES JOHNSON: At the time it was a black Cadillac Escalade approached the checkpoint. At the time he got to the checkpoint he let the window down, I shined the light up in there. And as he's come up the checkpoint where we was at, by me being narcotics, I would smell burnt smell of marijuana coming from the vehicle. So basically, you know, as I was getting his, asking for his driver's license and I was getting his driver's license from him, and the more I talked with him I got another smell and it was an odd smell and I asked him what was that. And I said it smelled like garbage, you know, and he said that's what it was. It was trash that he had inside the vehicle. And at that time I recall Deputy Thompson saying what kind of person will have garbage all like this.
SUZANNE MAYES: All right. So when the person comes through the checkpoint, a normal procedure would be to roll down a window?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And in this particular case you were able to walk up and the window was down?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And you said the first smell you noticed smelled like marijuana?
CHARLES JOHNSON: Yes. Yes, ma'am.
SUZANNE MAYES: You were a narcotics officer?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: You're referring to cannabis?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And then in addition to that you said there was another smell that you could detect?
CHARLES JOHNSON: Right. It was, it was an odd smell. And I asked him what it was and he said it was garbage.
SUZANNE MAYES: Now, what do you recall next about this individual? Let me ask you this. Did you observe anyone else in the vehicle other than this subject?
CHARLES JOHNSON: No, it was not.
SUZANNE MAYES: And ultimately did you ask for a driver's license on this subject?
CHARLES JOHNSON: I did. Once I got the driver's license, by me smelling the smell that was coming from the vehicle, I asked him did he mind pulling up on the side of the shoulder of the road and he said yes. He pulled up on the shoulder of the road. And once he pulled up on the side of the road I asked him did he mind stepping out. So he stepped out and walked to the back of the vehicle.
SUZANNE MAYES: And having made the observation of the smell of marijuana what, if anything else, did you observe about this person in terms of his behavior or demeanor?
CHARLES JOHNSON: Well, actually, once I had my flashlight I was constantly shining it on him and his eyes was red and glassy. His speech was slurred. You know, normally with a person like that, they're under the influence of some -- something. Some type of controlled substance or alcohol.
SUZANNE MAYES: So having seen his eyes in that condition and having observed what you termed to be slurred speech did you consider it a situation where this subject was impaired?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And when you have an impaired driver such as this, what is the -- and you can smell marijuana that you believe is fresh, what is the next step in pursuing this?
CHARLES JOHNSON: The next step, when I got -- when he was in the back of the vehicle, I asked him did he mind if I searched the vehicle. He advised me yes, I could. Got ready to search the vehicle. Walk up there. And as I got ready to walk up to the vehicle he's still walking in behind me. I turned around and asked him to stay to the back of the vehicle. He went back again. I started to walk back off again and he started coming up behind me again. And then at that time Deputy Thompson had came over and advised him to stay at the back of the vehicle like -- like Deputy Johnson advised him. So I went on up to the vehicle, started searching the vehicle, and as I looked in the vehicle I looked down on the floor. It was a small bag which it had Scooby Snax. It's a Scooby Snax with yellow, which is spice that we call it. I go to the back of the vehicle. I asked him, I said, "I thought you said you hadn't been smoking anything tonight? It's spice right here." He told -- he advised me that it wasn't spice. It was potpourri? Then he started -- once he said that he advised that it had different type of chemicals in it which he started spitting off different, the different numbers and letters of the chemicals that was in the spice.
SUZANNE MAYES: All right. So as you're searching the vehicle you find the substance that as a narcotics officer you're familiar with and you used the term spice?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: This is 2014. So was this a fairly new drug in terms of being recognized by narcotics?
CHARLES JOHNSON: Well, yes, ma'am. It was. It was.
SUZANNE MAYES: And this particular drug, you said, was packaged how? Under what type of name?
CHARLES JOHNSON: Scooby Snax they call it.
SUZANNE MAYES: Scooby Snax?
CHARLES JOHNSON: Right.
SUZANNE MAYES: And when you found that and you confronted Mr. Jones, his statement was that it was potpourri?
CHARLES JOHNSON: Yes, ma'am. He did.
SUZANNE MAYES: And then he gave you all the components involved in it?
CHARLES JOHNSON: Yes, ma'am. He did.
SUZANNE MAYES: Can you tell us whether or not he advised that it was legal?
CHARLES JOHNSON: He did. He said -- like I said, that's when he was trying to convince me that it wasn't anything in there for him to be under control of, under the influence of any type of controlled substance by, I guess, by spitting off them chemicals, different chemicals that was in there.
SUZANNE MAYES: All right. You being a narcotics officer in the State of Mississippi in that period of time in 2014 was a synthetic form of cannabis, such as spice, considered an illegal substance?
CHARLES JOHNSON: Yes, it was.
SUZANNE MAYES: And did you also have training and knowledge to know that it could lead to impairment?
CHARLES JOHNSON: Yes.
SUZANNE MAYES: Based upon your observations and the signs of impairment which you mentioned, did Mr. Jones appear to be too impaired to be operating that vehicle?
CHARLES JOHNSON: Yes, he was. He was too impaired.
SUZANNE MAYES: What did you do next?
CHARLES JOHNSON: At that time I placed him under arrest for DUI other, which is under controlled substance, possession of paraphernalia, which I had went back to the vehicle and found -- the paraphernalia come from a can that I found inside the vehicle with another bag of the Scooby Snax. So he was charged with possession of paraphernalia, and also the DUI other.
SUZANNE MAYES: Driving under the influence other, meaning it's some other substance other than alcohol?
CHARLES JOHNSON: Correct.
SUZANNE MAYES: And I want to take you back to the paraphernalia charge that you mentioned. You told us about the first package of Scooby Snax that you found during the consensual search of the vehicle.
CHARLES JOHNSON: Correct.
SUZANNE MAYES: And then you said as you continued the search of the vehicle what else did you discover?
CHARLES JOHNSON: I found another bag of the spice laying next to the can that, it was a Starbuck energy can. What they do is they -- it was bent down in the middle with little holes poked in it what most people use to inhale smoke off of it. And when I reached down and got the can, the can was kind of warm.
SUZANNE MAYES: All right. So that indication that the can is still warm, it's cut to be used as a smoking device, did you consider that to have been a smoking device?
CHARLES JOHNSON: Yes.
SUZANNE MAYES: So that also contributed to the paraphernalia charge?
CHARLES JOHNSON: Yes.
SUZANNE MAYES: I'm going to show you what is State's Exhibit 58 and ask you whether or not you recognize the items contained in this bag? Take your time.
CHARLES JOHNSON: Yes, that's it.
SUZANNE MAYES: All right. And when you say yes, that is, Mr. Johnson, what is it that you recognize specifically in this bag as coming from that traffic safety checkpoint that you conducted that night on September 6th, 2014 in Mississippi?
CHARLES JOHNSON: It was the two bags of spice, which is the Scooby Snax with the emblem on it and the energy drink can.
SUZANNE MAYES: All right. And the holes in the can, where do you remember them being cut to be utilized as a smoking device?
CHARLES JOHNSON: It was in the middle of the can.
SUZANNE MAYES: This would be State's 58, Your Honor, for evidence.
ROBERT MADSEN: Subject to the previous objection.
THE COURT: Subject to the previous objection it's admitted. (Whereupon, State's Exhibit number 58 was admitted into evidence.)
SUZANNE MAYES: So the Scooby Snax are individually packaged and it has that brand name on it?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And that contained a substance that you're referring to as the spice?
CHARLES JOHNSON: Spice. Yes, ma'am.
SUZANNE MAYES: The synthetic cannabis?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And then the Starbucks espresso, Doubleshot espresso energy can had been maneuvered to be a smoking device?
CHARLES JOHNSON: Right, which is paraphernalia.
SUZANNE MAYES: I'm going to show you some photographs and ask you whether or not you recognize them. This will be State's 44, 45, 46, 47 and 48.
THE COURT: It's number 45 -- 44, 45, 46, 47, 48?
SUZANNE MAYES: Yes, sir, Your Honor.
SUZANNE MAYES: Can you take a moment to take a look at these and tell us whether or not you recognize them.
CHARLES JOHNSON: Yes, ma'am. I do recognize them.
SUZANNE MAYES: Can you tell us whether or not these photographs are a fair and accurate representation of the Cadillac Escalade that you stopped in Smith County, Mississippi --
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: -- on September 6th?
CHARLES JOHNSON: Yes, ma'am. It is.
SUZANNE MAYES: And you indicated that there was a male subject driving, but I wanted to clarify. Did you have an opportunity by the time you were writing that ticket to confirm the identity of this individual?
CHARLES JOHNSON: Well, at the time I ran the driving license it came back as Timothy Jones, Jr. But once I ran the tag number, the tag number came back as a hit, which is on NCIC. It came back a hit that it's supposed to be Mr. Jones and five kids inside the vehicle and there wasn't five kids inside the vehicle. It was just him by himself.
THE COURT: What pictures?
SUZANNE MAYES: 48, Your Honor.
THE COURT: Yes, ma'am. Any objection to the photographs?
ROBERT MADSEN: Subject to the previous objection.
THE COURT: Subject to previous objection they're admitted, 44, 45, 46, 47 and 48. (Whereupon, State's Exhibit number 44 through 48 were admitted into evidence.)
SUZANNE MAYES: State's 47, same Escalade?
CHARLES JOHNSON: Yes.
SUZANNE MAYES: And you mentioned the tag on the Escalade. Looking here on State's 44.
CHARLES JOHNSON: Yes, that's it.
SUZANNE MAYES: So you had placed him under arrest for being impaired, having the drug paraphernalia and you confirmed his identity?
CHARLES JOHNSON: Right.
SUZANNE MAYES: What identity did you confirm specifically?
CHARLES JOHNSON: Confirmed -- like I said, I confirmed that the hit came back that it was supposed to be Timothy Jones, Jr. and five kids inside the vehicle.
SUZANNE MAYES: And that's when you ran that tag right there?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: When you learned that there was supposed to be five children in the vehicle what action did you take?
CHARLES JOHNSON: Well, actually, as I was searching the vehicle I had went to the back of the vehicle and opened the back and I saw it was different types of chemicals inside the vehicle. And at that time I thought it was going to be a meth lab, because the majority of all the chemical stuff that was in there, they use it for making a meth lab. At that time I notified Undersheriff Marty Patterson to come out to the location, which it only took him about five minutes to get there because he was at the office. As I -- when he arrived on the scene he was across the road from the vehicle. And as I was continuing to search the vehicle he asked what was the smell, and I advised him that the smell was coming from inside the vehicle. He advised me that -- advised us that it smelled like blood. And at the time when he said that I had picked a bag up and I told him it looked like blood up under the bag. And when he was getting out of the vehicle, that's when the dispatcher had gave back the NCIC hit, and I advised him that there wasn't no kids in the car with the Jones subject, and that's when Undersheriff Marty Patterson told us to stop. And that's when he notified the dispatcher, talked to the dispatcher, and he -- he told her that there wasn't five kids, to notify South Carolina, and then it went from there.
SUZANNE MAYES: So as you indicated, you did the initial search around the driver's area. And where specifically in the vehicle was that Starbucks can that was then used as a smoking device located?
CHARLES JOHNSON: The can was on the driver's side. It's like this is the driver's seat. It's like he had reached down and put it right down once he seen us. When he approached us.
SUZANNE MAYES: It was in the floorboard area on the driver's side?
CHARLES JOHNSON: Yes, it was.
SUZANNE MAYES: And then after that you indicated that you continued to search the vehicle?
CHARLES JOHNSON: Yes, I did.
SUZANNE MAYES: And you became alerted to what, at least in your observations, appeared to be some type of chemical?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: Specifically what type of chemical smell did you detect or see in your search of that vehicle?
CHARLES JOHNSON: Well, actually it was different types of chemicals that was up in there, which I can't recall all the chemicals that was in there. But I do know it was the chemical smell that I was smelling was the bleach, which was bleached poured over on the floor. Stain on the floor. On the back middle seat, on the floor there.
SUZANNE MAYES: So now we're talking this area here?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: All right. So now we're talking this area here?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And when you looked at the floorboard you could actually see bleach stains?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: Along the bottom of that floorboard?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And you could smell the bleach?
CHARLES JOHNSON: Yes.
SUZANNE MAYES: And you indicated that the Undersheriff arrived at the scene at your request?
CHARLES JOHNSON: Yes.
SUZANNE MAYES: Marty Patterson?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And he also observed that odor?
CHARLES JOHNSON: Yes, ma'am. When he was stepping out the vehicle getting ready to walk over, he advised -- he immediately asked what was that smell, and I advised him that it was coming from the vehicle.
SUZANNE MAYES: At that point when he became aware of what was going on, and he observed that smell, he advised you to do what?
CHARLES JOHNSON: He advised us to stop. And the stuff I had took out of the vehicle I put it back in and we closed the doors.
SUZANNE MAYES: Now, once he was placed under arrest, whose vehicle did he go to, if you recall?
CHARLES JOHNSON: Once I placed him under arrest I placed him in my vehicle, right behind his, where he continue -- can continue to watch us search the vehicle, what's going on.
SUZANNE MAYES: You mentioned that when you ran that tag there was an NCIC hit from South Carolina --
CHARLES JOHNSON: Yes.
SUZANNE MAYES: -- on the welfare of five children that were supposed to be in that vehicle?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: You identified the vehicle?
CHARLES JOHNSON: Yes, ma'am. I did.
SUZANNE MAYES: You were able to identify the Defendant, Timothy Ray Jones, Jr.?
CHARLES JOHNSON: Yes, ma'am. I did.
SUZANNE MAYES: But you could not locate the children?
CHARLES JOHNSON: Correct.
SUZANNE MAYES: And as a result of that what action did Smith County Sheriff's Office take?
CHARLES JOHNSON: Like I said, at the time Undersheriff Marty Patterson, he advised us to stop and he pretty much took over everything from there by contacting South Carolina.
SUZANNE MAYES: So at that point contact was made with authorities here in Lexington County to advise him that the children were not located within the vehicle?
CHARLES JOHNSON: Correct.
SUZANNE MAYES: Now, State's 58 that I showed you that is currently in evidence, once that was confiscated here from the vehicle what is the process for securing that evidence within the Smith County Sheriff's Office?
CHARLES JOHNSON: The process is to put it into an evidence bag and turn it over to the chain of command.
SUZANNE MAYES: All right. And did you do that in this particular case?
CHARLES JOHNSON: I did.
SUZANNE MAYES: And ultimately once it was placed into an evidence bag was it sealed?
CHARLES JOHNSON: It was.
SUZANNE MAYES: And where was it logged or entered within the Smith County Sheriff's Office?
CHARLES JOHNSON: You log it on the bag. And plus, it's also logged in a logbook.
SUZANNE MAYES: Okay. And ultimately who received that from you?
CHARLES JOHNSON: Jamie McClellan --
SUZANNE MAYES: McClellan?
CHARLES JOHNSON: Yes.
SUZANNE MAYES: And he was also an employee of the Smith County Sheriff's Office?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And his contact with that evidence was for what purpose? Was it submitted to the Mississippi Bureau of Investigations?
CHARLES JOHNSON: Yes, ma'am. It was.
SUZANNE MAYES: For drug analysis?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And the vehicle itself, Mr. Johnson, once he was arrested there at the scene, we see here in these photographs the vehicle is in an indoor area. Tell us what happened to the vehicle and how it was secured as evidence in this case?
CHARLES JOHNSON: At that time when Undersheriff Marty Patterson told us to stop we advised dispatch to give us a wrecker out. The wrecker service took the wrecker -- I mean, took the vehicle and another deputy followed the vehicle down to the multipurpose building, which is in Smith County which is a closed building, to secure the truck. And that deputy stayed with the vehicle.
SUZANNE MAYES: And that's the actual indoor facility that we're looking at here, the Smith County multipurpose facility?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And this item being the Cadillac Escalade seized from Mr. Jones on the night of September 6th remained in the custody of Smith County from that point on?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And the Mississippi Bureau of Investigation?
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: Nothing further.
THE COURT: Mr. Madsen.
CROSS-EXAMINATION By Mr. Madsen:
ROBERT MADSEN: Mr. Johnson, is it fair to say that when you searched the car the interior of it seemed to be extremely disorganized?
CHARLES JOHNSON: It was.
ROBERT MADSEN: And then you had mentioned something about the chemicals for a meth lab.
CHARLES JOHNSON: Right. When I looked in the back of the vehicle there was a bucket with different types of chemicals in it. Like I said, normally when it has different types of chemicals like that they use it to make meth, and I --
ROBERT MADSEN: You were a narcotics officer and know the chemicals to make meth?
CHARLES JOHNSON: Right.
ROBERT MADSEN: Pseudoephedrine?
CHARLES JOHNSON: All different types of chemicals.
ROBERT MADSEN: Ether?
CHARLES JOHNSON: Yes.
ROBERT MADSEN: Lithium?
CHARLES JOHNSON: Yes.
ROBERT MADSEN: Did you see those in the car?
CHARLES JOHNSON: Can't recall. Like I said, it was a lot of chemicals and stuff. And I just stopped and called Undersheriff Marty Patterson.
ROBERT MADSEN: Coleman fuel?
CHARLES JOHNSON: I can't recall.
ROBERT MADSEN: That's all the questions I have.
SUZANNE MAYES: Briefly, Your Honor.
ROBERT MADSEN: One second. I have just one more.
THE COURT: Okay.
ROBERT MADSEN: You've testified at a previous hearing, correct?
CHARLES JOHNSON: Say it again?
ROBERT MADSEN: You've testified at a previous hearing?
CHARLES JOHNSON: Yes.
ROBERT MADSEN: And wrote a report?
CHARLES JOHNSON: Right.
ROBERT MADSEN: And today is the first day that you've ever testified the can was warm. Isn't that correct?
CHARLES JOHNSON: No. I said it the last time, I think. If I'm not mistaken.
ROBERT MADSEN: You said that the last time?
CHARLES JOHNSON: Whenever, I can't, I can't recall. I'm not going to say. I can't recall if I did or not.
ROBERT MADSEN: It's not in your statement that you wrote.
CHARLES JOHNSON: Okay. All I know, I found a can, Starbucks can, with holes punched in it used to smoke off of.
REDIRECT EXAMINATION By Ms. Mayes:
SUZANNE MAYES: Officer Johnson, to your memory was that can warm when you retrieved it from that vehicle?
CHARLES JOHNSON: It was.
SUZANNE MAYES: And then I want to follow-up on a question that -- or response you gave to Mr. Madsen just a few moments ago. You said that inside that vehicle you saw a bucket.
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: And there was something in the bucket.
CHARLES JOHNSON: Yes, ma'am.
SUZANNE MAYES: What was in that bucket?
CHARLES JOHNSON: It was all different type of chemicals inside the bucket. I think, if I recall, it was some tape -- some type of tape. It was different type of stuff in there, you know.
SUZANNE MAYES: Nothing further.
THE COURT: Okay. You may step down.
SHAWN GRAHAM: The State calls Jamie McClellan.