1.Jan Wise — Direct/Cross/Redirect
240 linesMay 15, 2019.
THE COURT: Y'all may be seated.
MR. HUBBARD: Judge, I will get--
THE COURT: I told y'all I would be here at 8:30 in case we had something, I told he jury to be here at 9:00.
MR. HUBBARD: Just so what we are doing, we are still doing some pre-marking.
(Whereupon, the attorneys and the Court Reporter marked exhibits.)
THE COURT: Let's bring the jury in.
(Whereupon, the jury came into open court.)
THE COURT: All right, I know, I am still organizing. Here we are ready to begin. I hope your evening was well. The State's going to begin to call witnesses. If something comes up, somebody with a matter of law, we'll excuse you unless I can deal with it relatively rapidly over there. Another reason I cut the white noise on yesterday is those conversations I want on the record but I don't want them published either. It cuts off the sound to the media too. So sometimes that's just something I've got to deal with. So just so you know. Okay? All right. Ready to begin. Call your witness.
MS. MAYES: May it please the Court.
THE COURT: Yes, ma'am.
MS. MAYES: The State calls Jan Wise.
THE COURT: Come forward and be sworn.
JAN WISE, being first duly sworn, testified as follows:
COURT CLERK: Once you are seated, Ma'am, state your full name spelling your last.
MS. MAYES: Your Honor, may I approach?
COURT REPORTER: You're close enough, just talk loud.
DIRECT EXAMINATION By Ms. Mayes:
MS. MAYES: Ms. Wise, good morning. Can you tell us a little bit about yourself? Where are you employed?
MS. MAYES: Okay. I'm going to need you to pull that microphone up a little bit more. All right. And then we're --
MS. MAYES: -- going to need you to speak loud enough so that even this last Juror can hear you.
MS. MAYES: How long have you been with the Boys and Girls Club?
MS. MAYES: Tell us a little bit about what services the Boys and Girls Club offers for students here in Lexington County.
JAN WISE: Okay. In elementary schools we have a B Grade Program, and it's an after-school program that begins when the bell rings and ends at 6:30 every day the school's open.
MS. MAYES: All right. And can you tell us whether or not Saxe Gotha Elementary in Lexington County also participates with the Boys and Girls Club after school program.
MS. MAYES: As part of your job with the Boys and Girls Club did you know the Jones' children?
MS. MAYES: Specifically which children were involved with the Boys and Girls after-school program?
MS. MAYES: And you said Eli. Tell us a little bit about Elias. What is his full name?
MS. MAYES: Okay. And you called him Eli?
MS. MAYES: And of those children which was the oldest?
MS. MAYES: And then of the boys?
MS. MAYES: All right. Now, regarding the school year that would have began in the fall of 2014?
MS. MAYES: So we're talking about August of 2014. Can you tell us whether or not you were working in that capacity at Saxe Gotha Elementary with the Boys and Girls Club?
MS. MAYES: And approximately how long had you all been in that after-school program from the start of that fall semester?
MS. MAYES: For the fall 2014 semester how long had that been going on --
MS. MAYES: So August 18th would have been your approximate start date?
MS. MAYES: For that school year of fall --
MS. MAYES: -- 2014?
MS. MAYES: Now, again, how late into the day does the program normally run?
MS. MAYES: Where in the school at Saxe Gotha did the program take place?
JAN WISE: Okay. Our main center of operation was the cafeteria, and that's where we had our sign-out tables and we would have snacks. And then we used the computer lab, the gym and other facilities there at the school.
MS. MAYES: All right. And did children do homework and things of that nature?
JAN WISE: Yes. We had a structured program. We provide a healthy snack for them, after roll call. And they'd have their snack and then they'd go into what we call Power Hour and they would have help with their homework, and then usually go outside or to the gym for recreation. And then we had structured programs for them in character and leadership and game time in the gym.
MS. MAYES: All right. Now, you mentioned the sign-out table. Take us through the rules or guidelines that were in place there in terms of who could sign children out once the day was over.
JAN WISE: Okay. The only people who could sign out the children were those that were on their hard copy list who were authorized parents or guardians. And we had a hard copy list, plus we had it on our MTS, our Member Tracking System. And it would tell us who was authorized or not authorized to check-out the children.
MS. MAYES: And who normally worked or supervised that sign-out table there in the cafeteria?
MS. MAYES: That was your primary responsibility?
MS. MAYES: All right. Now, specifically as to the Jones' children, who was authorized to pick them up at the end of the day?
MS. MAYES: And as a result of that did you have the opportunity to interact with Timothy Jones, Jr., the Defendant in this case, on multiple occasions there?
MS. MAYES: Did that include in engaging in conversations with him?
JAN WISE: Yes, conversations. And one time I was having trouble with my little laptop and he offered up some information. He was, seemed very knowledgeable of computers and offered, told me about a program that might help my SmartPad that I was using.
MS. MAYES: All right. And did that conversation with Mr. Jones occur there in August of 2014?
MS. MAYES: During your interaction with Mr. Jones did he communicate with you normally?
MS. MAYES: Did he appear to understand all communications between the two of you?
MS. MAYES: Was he able to converse with you in a clear and rational manner?
MS. MAYES: I want to take you specifically, Ms. Wise, to the date of August 28th, 2014. I'm going to show you a calendar which is premarked State's Exhibit 1.
MS. MAYES: And, Your Honor, if I may approach.
THE COURT: You may.
MS. MAYES: Looking here at the calendar, Ms. Wise, what is the last date that you recall seeing the children in the program?
MS. MAYES: And you mentioned that you man or oversee that sign-out table?
MS. MAYES: Are there any official records or documents that go with that process?
MS. MAYES: I'm going to show you what is marked State's Exhibit 2 and ask you whether or not you recognize this.
MR. MADSEN: No objection.
MS. MAYES: I'm going to show you what is State's Exhibit 2 and ask you whether or not you recognize this document and, if so, how?
JAN WISE: This is a hard copy sign-out sheet for parents or guardians when they would come to get the children from the Club, and this is the sign-out sheet --
MS. MAYES: Is this --
MS. MAYES: Okay. Is this document maintained in the ordinary course of business?
MS. MAYES: And you're familiar --
MS. MAYES: -- you're familiar with it for that reason?
MS. MAYES: And I'm going to show you this page and ask you whether or not it reflects the names that you mentioned of the three Jones' children that were part of the program.
MS. MAYES: All right.
MS. MAYES: Your Honor, at this time this would be State's Exhibit 2 for evidence.
THE COURT: Without objection?
MR. MADSEN: No objection.
THE COURT: State 2's admitted.
(Whereupon, State's Exhibit number 2 was admitted into evidence.)
MS. MAYES: All right. And so, State's Exhibit 2 is in. And, Your Honor, I believe State's Exhibit 1 was in, also, being the calendar without objection.
THE COURT: It was. One was the big calendar without objection.
(Whereupon, State's Exhibit No. 1 was admitted into evidence.)
MS. MAYES: All right.
MS. MAYES: Now, you mentioned that the Jones' children are on here.
MS. MAYES: And can you tell us what dates are covered in this particular sign-out sheet for the children?
MS. MAYES: So that sign-out sheet would cover that entire week that began August 25th?
MS. MAYES: And, Your Honor, may I publish at this time?
THE COURT: You may.
MS. MAYES: So, Ms. Wise, looking here, we see both Elias and Merah, and then also Nahtahn.
MS. MAYES: Who is the person --
THE COURT: Thank you.
THE COURT: Thank you.
MS. MAYES: Who is the person who signed out Eli, Merah and Nahtahn on August 25th, August 26th and August 27th?
MS. MAYES: Then on August 28th?
MS. MAYES: Here we see the date of August 29th. Did you ever see Merah, Eli or Nahtahn again after the 28th?
MS. MAYES: That area of the cafeteria that you testified to where the after-school program takes place and where your table is located, is it also the subject of video surveillance?
MS. MAYES: And are you familiar with that video surveillance?
MS. MAYES: Have you had an opportunity yourself to review the video surveillance from the date of August 28th, 2014, the last date that you saw the children alive?
MS. MAYES: Can you tell us whether or not that video surveillance is a fair and accurate representation of the events as you remember them?
MS. MAYES: Did it appear to have been altered in any way from the point where Mr. Jones enters the building to the point where he leaves the building?
MS. MAYES: Your Honor, if I may approach.
THE COURT: You may.
MS. MAYES: State's Exhibit 3.
MS. MAYES: All right. I need you to speak up a little bit louder.
MS. MAYES: Okay. And did you initial it acknowledging that this is a fair and accurate representation of that video surveillance?
MS. MAYES: And, Your Honor, this would be State's 3 for evidence.
MR. MADSEN: No objection.
THE COURT: State's 3 is admitted without objection.
(Whereupon, State's Exhibit number 3 was admitted into evidence.)
MS. MAYES: And, Your Honor, if Ms. Robinson may assist.
THE COURT: She may.
(Whereupon, State's Exhibit No. 3 was published for the jury.)
MS. MAYES: And, Ms. Wise, again this would be the cafeteria there at Saxe Gotha?
MS. MAYES: And what is located here at this area?
MS. MAYES: All right.
JAN WISE: -- and a door that the parents would enter. It was kept locked and we'd have to open the door and the parents would come in.
MS. MAYES: All right. And on this tape we hear a male voice here through the doorway. Who is that person?
MS. MAYES: Okay. And you've seen the video. Do you recognize the male figure in the videotape?
(Whereupon, State's Exhibit number 3 is resumed.)
MS. MAYES: Now, you mentioned that the guidelines that were in place, Mr. Jones was the authorized person to pick the children up.
MS. MAYES: Had the mother of the children, Amber Jones, ever been to pick them up?
MS. MAYES: And what, if anything, did the Defendant say to you in that regard?
JAN WISE: Well, towards the beginning of the school year he had let me know that he was the only one who was to be able to pick them up and that never his wife, or their mother.
MS. MAYES: So he stated he was the only authorized person to pick up the children?
MS. MAYES: Ms. Wise, after that date of Thursday, August 28th when the children did not come back to the program what, if any, action did you take?
JAN WISE: Okay. They were absent on the Friday, and then on the third day afterwards -- well, the following week on Tuesday when they weren't there I -- all three of them had been absent for three days. And so, it alarmed me and I went to the administrative office and I believe I told Ms. Ricard, the assistant principal, that they had not been at the Boys and Girls Club after-school program for three days, all of them.
MS. MAYES: All right. Now, on this video where you identified the male figure, are you also depicted on this video --
MS. MAYES: -- at one point?
MS. MAYES: Having observed the Defendant interact with his children on this day, August 28th, 2014, did he ever appear to be afraid of his children?
MS. MAYES: Having observed him interact with his children on all the previous days, did he ever appear to be afraid of his children?
MS. MAYES: Based on your observations, did you have any reason to be concerned about the Defendant's mental health or well-being?
MS. MAYES: And if you did have concerns would you have allowed the children to leave with him?
MS. MAYES: Nothing further at this time, Your Honor.
THE COURT: Mr. Madsen.
CROSS-EXAMINATION By Mr. Madsen:
MR. MADSEN: How are you doing, Ms. Wise?
MR. MADSEN: So how long were the Jones' children in the Boys and Girls Club of America?
JAN WISE: Two of the children had been there the previous year, and then they had been at the beginning of the school year of that 2014-'15 year.
MR. MADSEN: And so, if I understand correctly, the Boys and Girls Club is kind of like a after-school daycare?
MR. MADSEN: It's a place for the kids to go after school?
MR. MADSEN: So Tim wouldn't have dropped them off, they would have just, I guess just ended classes?
JAN WISE: We -- no. We had -- the students would line up according to their grades in the hallways and we would have a staff that would meet each group by their grade group, and they would come to the cafeteria for roll call and the staff would do a roll call.
MR. MADSEN: And while the Jones' children were there did you ever have any disciplinary issues with them?
MR. MADSEN: And this shows one day where Tim picked them up. That was your usual interaction with him was for that period of time?
JAN WISE: No. I would say it was usually longer. I was in the back room putting up art supplies and I was summoned to the table when he -- he had come in. They were the last three children that were there that day.
MR. MADSEN: And you all being an after-school program, that makes you all a mandatory reporter, correct?
MR. MADSEN: And you never saw anything that caused you any concerns with the Jones children?
MR. MADSEN: And it appeared that the kids were excited to see him?
MR. MADSEN: That's all I have.
MS. MAYES: Briefly, Your Honor.
THE COURT: Yes, ma'am.
REDIRECT EXAMINATION By Ms. Mayes:
MS. MAYES: And just to clarify. On this particular day you said they were the last children to be picked up that day?
MS. MAYES: And is the date and time reflected on this video accurate?
MS. MAYES: So we're talking about 6:16 p.m.
MS. MAYES: And you said this particular day you had been working on some art supplies?
MS. MAYES: What was your normal level of interaction with Mr. Jones when he would pick the children up?
JAN WISE: I primarily worked with the parents, and it would be to check his ID and make sure he was on the sign-out list, and then have him sign the sign -- the hard copy. And then with the MTS I would enter the date and time that he had exited with the children.
MS. MAYES: All right. And you mentioned the occasion in which he offered you computer advice.
MR. MADSEN: I'm going to object. This is improper redirect because I didn't ask about the computer.
THE COURT: I'll sustain the objection.
MS. MAYES: Nothing further.
THE COURT: All right. Ma'am, you may step down.
MS. MAYES: The State calls Janet Ricard.