8.Jamie McClellan — Direct/Cross
252 linesJAMIE MCCLELLAN, being first duly sworn, testified as follows:
COURT CLERK: Once you're seated, state your full name spelling your last.
JAMIE MCCLELLAN: Jamie McClellan, M-C-C-L-E-L-L-A-N.
DIRECT EXAMINATION By Mr. Graham:
SHAWN GRAHAM: Mr. McClellan, where are you employed, sir?
JAMIE MCCLELLAN: Smith County Sheriff's Department.
SHAWN GRAHAM: What is your rank there?
JAMIE MCCLELLAN: A Deputy Sheriff Investigator.
SHAWN GRAHAM: And how long have you worked for the Smith County Sheriff's Department?
JAMIE MCCLELLAN: Since 2010.
SHAWN GRAHAM: 2010?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: Back on September 6th of 2014 what were your job responsibilities then?
JAMIE MCCLELLAN: Deputy Sheriff Investigator.
SHAWN GRAHAM: That night at approximately 9:00 p.m. were you on duty or off duty?
JAMIE MCCLELLAN: On duty.
SHAWN GRAHAM: Do you remember what you were doing?
JAMIE MCCLELLAN: I was actually at the Sheriff's Office on dispatch.
SHAWN GRAHAM: At some point did you hear about any traffic stop of an Escalade that was identified by the officers running a traffic safety checkpoint?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: What, if anything, did you do?
JAMIE MCCLELLAN: Undersheriff Patterson received the phone call from Deputy Johnson, so he went out to the scene. The dispatcher advised that she had got a hit from NCIC and I was actually there. She wanted me to look over the paperwork to help her to see what the hit was for.
SHAWN GRAHAM: So you helped -- when the hit came in you actually looked at it and helped her read it?
JAMIE MCCLELLAN: Yes, sir. Yes, sir.
SHAWN GRAHAM: Okay. Once you have that information what did you and the dispatcher do?
JAMIE MCCLELLAN: I believe they notified the officers on the scene and I left the office and went out to the scene.
SHAWN GRAHAM: When you arrived on scene what was going on?
JAMIE MCCLELLAN: When I arrived on the scene the vehicle had already been closed up. Timothy Jones was in the back of a patrol car, and I believe at that time Undersheriff Patterson may have even been on the phone with Lexington County officials.
SHAWN GRAHAM: Was Mr. Jones under arrest at the time?
JAMIE MCCLELLAN: Yes, sir. Yes, sir.
SHAWN GRAHAM: And did you confer with Undersheriff Patterson and the other officers on the scene?
JAMIE MCCLELLAN: I did, about the welfare check of the five kids.
SHAWN GRAHAM: All right. After you talked with Undersheriff Patterson about the welfare check, the NCIC hit that you'd gotten and you saw what, if anything, did Undersheriff Patterson tell you to do?
JAMIE MCCLELLAN: He told us to speak with Mr. Jones and ask where his children were.
SHAWN GRAHAM: After Undersheriff Patterson told you to go do that, what did you go do?
JAMIE MCCLELLAN: I went and asked him where his children were.
SHAWN GRAHAM: So you went over to the back of the patrol car where Mr. Jones was?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: Was the door open or closed?
JAMIE MCCLELLAN: I believe at that time the door was closed.
SHAWN GRAHAM: Did you open the door or did somebody else do it?
JAMIE MCCLELLAN: I opened the door.
SHAWN GRAHAM: And when you opened the door tell the jury what happened next?
JAMIE MCCLELLAN: I asked Mr. Jones where his children were and at that time he advised that he did not have any children.
SHAWN GRAHAM: So you asked him where his children were and his answer was, "I don't have any children."?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: Is that correct?
JAMIE MCCLELLAN: I believe so.
SHAWN GRAHAM: Based on that, what did you do?
JAMIE MCCLELLAN: Spoke again with Undersheriff Patterson. Advised him what Mr. Jones said. Undersheriff Patterson advised to ask him again. At that time returned to the car and asked him again, and I believe at that time he said he had three kids.
SHAWN GRAHAM: So Undersheriff Patterson said go back and ask him again?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: How much time is there between the first time you asked Mr. Jones and the second time?
JAMIE MCCLELLAN: Probably a matter of seconds.
SHAWN GRAHAM: The second time you asked him how many children you have and he said?
JAMIE MCCLELLAN: Three.
SHAWN GRAHAM: Three. Did you ask him anything else about the children?
JAMIE MCCLELLAN: I don't recall if we asked him where they were or if he volunteered the information, but the comment was made that they were in South Carolina.
SHAWN GRAHAM: So was that on the first --
JAMIE MCCLELLAN: The second time.
SHAWN GRAHAM: -- or the second when he said --
JAMIE MCCLELLAN: Yes, sir. Yes, sir.
SHAWN GRAHAM: He said the children were in South Carolina. Did he say where the children were?
JAMIE MCCLELLAN: I don't recall if he said where they were or if he just said that they were in South Carolina.
SHAWN GRAHAM: Your conversations with him, were they --
JAMIE MCCLELLAN: Very brief. Very brief.
SHAWN GRAHAM: Very brief. Did you threaten him in any way to get him to answer those questions?
JAMIE MCCLELLAN: No, sir.
SHAWN GRAHAM: Did you make any promises to him?
JAMIE MCCLELLAN: No, sir.
SHAWN GRAHAM: Did you notice whether he appeared to be under the influence or did you have enough time to tell?
JAMIE MCCLELLAN: I did not. I didn't have enough time. My whole interaction there with him was asking those questions.
SHAWN GRAHAM: In addition to those, was that the only contact that you had with Mr. Jones that day --
JAMIE MCCLELLAN: Yes, sir. I believe so.
SHAWN GRAHAM: -- on the scene?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: Deputy Johnson testified about securing the Scooby Snax and the energy drink can from the car?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: My understanding is that bag came to you. Is that correct?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: Okay. The bag inside the bag is --
JAMIE MCCLELLAN: Oh, yes. Yes, sir.
SHAWN GRAHAM: Okay. When you got the bag from Deputy Johnson it had the Scooby Snax and the can that was in there, correct?
JAMIE MCCLELLAN: Yes, sir. That's correct.
SHAWN GRAHAM: And the bag was sealed so it would have been tamper proof. Is that correct?
JAMIE MCCLELLAN: Yes, sir. The bag would have been sealed and initialed.
SHAWN GRAHAM: What, if anything, did you with that bag?
JAMIE MCCLELLAN: Once I took possession of it, it would have been placed in an evidence locker and then taken to the crime lab.
SHAWN GRAHAM: And did you personally take it to the crime lab?
JAMIE MCCLELLAN: I did.
SHAWN GRAHAM: In the time that you had it did you go inside the bag or manipulate the contents of the bag any?
JAMIE MCCLELLAN: No, sir.
SHAWN GRAHAM: Did you break the seal?
JAMIE MCCLELLAN: No, sir.
SHAWN GRAHAM: When you go to the crime lab, the crime lab is not in Smith County, it's somewhere else, right?
JAMIE MCCLELLAN: Yes, sir. It's in Meridian.
SHAWN GRAHAM: Where?
JAMIE MCCLELLAN: Meridian.
SHAWN GRAHAM: Meridian. How far away is that?
JAMIE MCCLELLAN: Probably an hour.
SHAWN GRAHAM: And at some point did you take the sealed bag with the drugs and the can to Meridian?
JAMIE MCCLELLAN: I did.
SHAWN GRAHAM: And explain to the jury how that process goes with you dropping that sealed bag off.
JAMIE MCCLELLAN: We would have taken the sealed bag, drove it to the crime lab in Meridian. Once we turned it over to them they will sign and we will sign a form showing that we turned that evidence over to them, and then they start process. They may even put it in another bag, which they'll then again seal. Everything will be initialed.
SHAWN GRAHAM: Let me show you Court's Exhibit 81 for ID and ask if you recognize that document? (Whereupon, Court's Exhibit 81 was marked for identification only.)
JAMIE MCCLELLAN: Yes, sir. I do.
SHAWN GRAHAM: And is that the form that you're talking about?
JAMIE MCCLELLAN: Yes, sir. That's actually our chain of custody on the -- on that evidence.
SHAWN GRAHAM: So talking about State's number 58, it's the chain of custody letter --
JAMIE MCCLELLAN: Yes, sir. Yes, sir. The Scooby Snax and the can.
SHAWN GRAHAM: And you recognize your own hand signature on there?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: And that says that you've got the item from who?
JAMIE MCCLELLAN: Charles Johnson.
SHAWN GRAHAM: And that you -- what date was that?
JAMIE MCCLELLAN: 9/17 -- 9/7 of '14.
SHAWN GRAHAM: And then it says that you turned that over to who?
JAMIE MCCLELLAN: The Mississippi Crime Lab.
SHAWN GRAHAM: On what date?
JAMIE MCCLELLAN: 9/11 of '14.
SHAWN GRAHAM: And it gives a time, doesn't it?
JAMIE MCCLELLAN: Yes, sir. 1:47 p.m.
SHAWN GRAHAM: Okay. In addition, Deputy McClellan, to handling item 58, the drugs and the can and taking those to the lab, did you also have -- did you also hold, the blood draw, taking blood from Mr. Jones?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: And what was the name of the hospital?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: And what was the name of the Hospital?
JAMIE MCCLELLAN: Magee General Hospital. Magee General Hospital.
SHAWN GRAHAM: Magee. And were you present when the blood was actually drawn from Mr. Jones' arm?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: And did you -- so you saw the blood come out into the tubes?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: And you took possession of the tubes?
JAMIE MCCLELLAN: Yes, sir.
SHAWN GRAHAM: And then did you take -- how do you package those up?
JAMIE MCCLELLAN: When we do a blood draw there's a specimen kit. It's sealed up. That seal is not broken until the nurse or doctor, whoever draws the blood -- there's some paperwork inside of it that you fill out. And once the blood has been drawn and the specimen is back in the box there's a seal that you seal the box up with and it's not opened again until it gets to the crime lab.
SHAWN GRAHAM: So in your presence you yourself sealed that or somebody else did?
JAMIE MCCLELLAN: I can't recall if I sealed it or if the medical staff that drew the blood actually sealed it. But it would have been myself or the medical staff.
SHAWN GRAHAM: And once you have the sealed bag or box --
JAMIE MCCLELLAN: It's a box.
SHAWN GRAHAM: Once you have the sealed box with the blood samples inside where it's seal taped up, can't be tampered without somebody handling it, correct?
JAMIE MCCLELLAN: Yes, sir. That's correct.
SHAWN GRAHAM: And then you took that item at some point to the lab as well?
JAMIE MCCLELLAN: Yes, sir. I did.
SHAWN GRAHAM: Your Honor, my understanding is that at this point that the Defense stipulates on the chain of custody from that blood draw from Deputy McClellan until it gets to the MSI Lab who actually does the analysis.
BOYD YOUNG: That's correct.
THE COURT: The chain is stipulated to?
BOYD YOUNG: Yes, sir.
THE COURT: Okay. Fair enough.
BOYD YOUNG: Without waiving any of the other --
THE COURT: Without waiving any of the other objections previously made.
BOYD YOUNG: Yes, sir.
THE COURT: What that means is normally when something is taken into custody and it's handed off to someone, to someone, to someone, there's a chain of hand to hand, to hand. The parties can agree to it, when the medical staff people analyzing, the chain is agreed to in times like this, and that's what -- that's what the attorneys have done. They've agreed, connection of the dots who had possession of it until it was tested.
SHAWN GRAHAM: No other questions, Your Honor. Please answer any questions Defense has.
JAMIE MCCLELLAN: Yes, sir.
CROSS-EXAMINATION By Mr. Young:
BOYD YOUNG: Good afternoon, Deputy McClellan. You doing all right?
JAMIE MCCLELLAN: Yes, sir. Yes, sir.
BOYD YOUNG: If I could just ask you a couple of questions. When you went to the patrol car to talk to Tim did you have a body camera on?
JAMIE MCCLELLAN: No, sir. I did not.
BOYD YOUNG: Was that interview recorded in any way?
JAMIE MCCLELLAN: No, sir. It was not.
BOYD YOUNG: Was there any dashcam in that car?
JAMIE MCCLELLAN: No, sir. There's not.
BOYD YOUNG: Did you write a report about your conversation with him?
JAMIE MCCLELLAN: I did not.
BOYD YOUNG: So it was just your memory that you're relying on as far as your questions and what his answers were?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: After Mr. Jones was booked into the Detention Center or the Smith County Jail on the 6th he was placed into a suicide cell? Suicide watch cell?
JAMIE MCCLELLAN: He was placed in a cell and put on suicide watch.
BOYD YOUNG: And, I'm sorry. And I -- it's been some time since I went to the Smith County Detention Center. We met there a couple of years ago?
JAMIE MCCLELLAN: Yes, sir. Yes, sir.
BOYD YOUNG: And we met there a couple of years ago.
JAMIE MCCLELLAN: Yes, sir. Yes, sir.
BOYD YOUNG: And this was the old jail, right?
JAMIE MCCLELLAN: Yes, sir. It was the old jail.
BOYD YOUNG: And so, you had your cells upstairs with the bars on them like we see in the old movies. That's where the cells were?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: And there was a person who sat outside the cells and watched him constantly?
JAMIE MCCLELLAN: He wouldn't have been watched constantly on a suicide watch. Sometimes you'll put a person on suicide watch not necessarily because they're thinking of committing suicide. Just to be able to keep a check on that person to make sure that they're all right. And the way we do that is we have a log and every 15 minutes someone checks on that subject, that way you got a timeline of somebody actually putting eyes on them and making sure that they're fine.
BOYD YOUNG: Okay. So you all had information that led you to believe that he might be suicidal?
JAMIE MCCLELLAN: I personally did not.
BOYD YOUNG: Okay.
JAMIE MCCLELLAN: Or I did not have any direct conversation with Mr. Jones as to the effect.
BOYD YOUNG: Undersheriff Patterson had talked to Mr. Jones' father?
JAMIE MCCLELLAN: Yes, sir. I believe, yeah.
BOYD YOUNG: Okay. He was placed in a cell, checks were made on him every 15 minutes?
JAMIE MCCLELLAN: Yes, sir. I believe that's correct.
BOYD YOUNG: He spent the night there?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: Around 11:00 a.m. the next day you made contact with Mr. Jones again?
JAMIE MCCLELLAN: I did.
BOYD YOUNG: And that was for the purpose of asking him for consent to give blood, hair and DNA?
JAMIE MCCLELLAN: Yes, sir. That's correct.
BOYD YOUNG: And he said no, he wasn't giving consent?
JAMIE MCCLELLAN: He didn't -- his words were not no, he refused, but his words were, "I'm just worried about my --" something to the effect that, "I'm just worried about my spice charge. I just want to get that taken care of and get out of here." But he did, in effect, did -- did refuse.
BOYD YOUNG: He in effect?
JAMIE MCCLELLAN: Sir?
BOYD YOUNG: He in effect?
JAMIE MCCLELLAN: Yes, sir. Yes, sir. He did. He did.
BOYD YOUNG: And you went to a Judge and asked for a warrant to forcibly collect those things?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: And the Judge signed the warrant?
JAMIE MCCLELLAN: He did.
BOYD YOUNG: And then you went back to the jail and you took Mr. Jones out of the cell where he was on suicide watch?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: And you put him in your car?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: And you drove him about 25 miles to the hospital?
JAMIE MCCLELLAN: About that. Yes, sir.
BOYD YOUNG: And you all didn't have any conversation?
JAMIE MCCLELLAN: No, sir. To the best of my knowledge, he didn't say anything on the way over there.
BOYD YOUNG: And you went into the hospital where you met with a nurse?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: Or a doctor. Do you remember which?
JAMIE MCCLELLAN: I believe it was a nurse.
BOYD YOUNG: And you and the nurse went through the warrant with Mr. Jones?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: And explained the procedure that you all were getting ready to do? That you were going to pull out some hair --
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: -- draw some blood? He didn't appear intoxicated in any way?
JAMIE MCCLELLAN: At that point he didn't to me, but we didn't have any conversation either. We loaded up and went to the hospital and came back.
BOYD YOUNG: And he told you he was scared of needles?
JAMIE MCCLELLAN: Oh, yes, sir. Yes, sir.
BOYD YOUNG: So you all -- and there was some dialogue there.
JAMIE MCCLELLAN: That was once we got to the hospital he said he was scared of needles.
BOYD YOUNG: When he was talking to the nurse about the blood draw?
JAMIE MCCLELLAN: Yes, sir. Yes, sir. Yes, sir.
BOYD YOUNG: So, I mean, he was talking to people?
JAMIE MCCLELLAN: Yes, sir. He was talking to them.
BOYD YOUNG: Okay. And he didn't appear intoxicated?
JAMIE MCCLELLAN: I don't recall him appearing that way at that time.
BOYD YOUNG: Okay. The nurse or the doctor didn't say this guy can't give consent. I can't --
JAMIE MCCLELLAN: No, sir. They did not.
BOYD YOUNG: They didn't have any concerns about collecting his blood or his hair or his DNA?
JAMIE MCCLELLAN: Not that I recall.
BOYD YOUNG: You loaded Mr. Jones up and took him back to the Smith County Detention Center?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: Where he was placed back in that same cell?
JAMIE MCCLELLAN: Yes, sir.
BOYD YOUNG: And he was again put under watch for suicide conditions or put under a 15 minute watch?
JAMIE MCCLELLAN: I believe so.
BOYD YOUNG: One second.
JAMIE MCCLELLAN: Sir?
BOYD YOUNG: Hang on one second. I think that's all the questions I have.
THE COURT: Do you got any questions?
SHAWN GRAHAM: No, Your Honor.
THE COURT: No questions. You can step down. And we'll take another short break. We've got to get another witness done, and then we'll be done for the day, I believe. So step in the jury room, don't talk about the case. (Whereupon, the jury was excused from the courtroom for a break.)
(Whereupon, a short break was taken.)
THE COURT: Bring the jury in. (Whereupon, the jury came into open court at approximately 4:30 p.m.)
THE COURT: All right. Thank you for that. We had to get some things organized. Just by way of explanation, so the lawyers don't have to explain it. I had several pretrial hearings to make some legal rulings to make things run smoother now. In those hearings we started numbering exhibits, for my benefit, 1 through -- I don't know how -- what the number is now, 100 maybe. As they work with those same exhibits they're going to renumber them depending on who uses it, State or Defense. They'll have two numbers. The Court's exhibit for the hearing I've already had. State's Exhibit. State picks the same exhibit up to be renumbered, so there'll be two numbers. My number, their number. My number, their number. Whatever is admitted into evidence you all get to review. All right? Call your witness.
RICK HUBBARD: Thank you, Your Honor. The State calls Marty Patterson.