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2019 Murder TrialtranscripttranscriptEric Johnson — Direct/Cross (Part 1) - Day 13 - 2019 Murder TrialEric Johnson described the search for five unaccounted-for children, Miranda advisements given to Timothy Ray Jones, Jr., and the search that found the children’s remains in Alabama. Defense counsel questioned his unrecorded interview account and report preparation.
Shawn GrahamBoyd YoungEugene C. Griffith, Jr.Eric JohnsonCourt ClerkEric JohnsonShawn GrahamTHE COURTCourt ReporterBoyd Youngdirectcross
6 pages·2 witnesses·1,572 lines
For Day 13, forensic analyst Stacy Jones described processing the Escalade, and investigator Eric Johnson testified about interviews and the Alabama search.
Eric Johnson — Direct
DirectDirectEric Johnson — Direct Eric Johnson Shawn Graham

ERIC JOHNSON, being first duly sworn, testified as follows:

COURT CLERK: Thank you, sir. Once you have a seat, stand your full name spelling your last on the record, please.

35:10:45

ERIC JOHNSON: Yes, ma'am. My name is Eric Johnson. Spell the last name, J-o-h-n-s-o-n.

DIRECT EXAMINATION By Mr. Graham:

55:10:55

SHAWN GRAHAM: Mr. Johnson, where are you currently employed?

65:10:58

ERIC JOHNSON: I am currently the Director of Investigations for the Mississippi Department of Human Service in the State of Mississippi.

75:11:06

SHAWN GRAHAM: Can you describe what that job entails and how long you've been doing it?

85:11:09

ERIC JOHNSON: I've been with the Mississippi Department of Human Services about four months. I am the Director of the State investigations. We have about 10 to 15 investigators around the state and they primarily deal with the Mississippi Department of Human Services, day in and day out functions.

95:11:26

SHAWN GRAHAM: Prior to that, what was your job duties? What did you do before and where did you work?

105:11:29

ERIC JOHNSON: I am retired from the Mississippi Department of Public Safety where I served seven years as a State Trooper and the later part of my career of 25 years was spent in the Mississippi Bureau of Investigation, which is much like your SLED here. It's a state police agency. I obtained the rank of lieutenant, or regional supervisor.

115:11:51

SHAWN GRAHAM: Back on September 6th of 2014, did you become involved in the Jones case?

125:12:00

ERIC JOHNSON: I did, Counselor.

135:12:01

SHAWN GRAHAM: And would you tell the jury how that happened?

145:12:03

ERIC JOHNSON: On the date in question, I received a phone call that night from Undersheriff Marty Patterson in Smith County. Smith County was within my geographical region for the State of Mississippi. I had nine counties and Smith County was one of those counties. I had four other agents that were working out of my MBI office, or the Department of Public Safety Trooper Office. And Marty Patterson, Undersheriff Patterson, called me that evening and briefed me on what he had. He had two deputies out on a driver's license checkpoint. They had a vehicle on the shoulder with South Carolina plates. The driver was alone. There were five children that were unaccounted for and he would like MBI's assistance and MBI Crime Scene Unit assistance, as well.

155:12:53

SHAWN GRAHAM: Based on his request, did you help mobilize the Mississippi Bureau of Investigations' resources to support Smith County?

165:13:00

ERIC JOHNSON: Yes, sir. I did do that.

175:13:02

SHAWN GRAHAM: And did that include having Stacy Jones go down there as a crime scene analyst to process the vehicle?

185:13:10

ERIC JOHNSON: I did. That night, after I spoke to Undersheriff Patterson, I contacted Ms. Jones and involved her with what we had. In turn, she also talked to Undersheriff Patterson and we agreed that the vehicle should be taken and secured in an indoor facility to preserve any evidence that may be in the vehicle. And we also requested that a law enforcement officer or a deputy sit on that vehicle and preserve the integrity of anything that may be found in there.

195:13:43

SHAWN GRAHAM: As Ms. Jones, Crime Scene Analyst Jones, was processing the vehicle, did you speak with her throughout that day?

205:13:55

ERIC JOHNSON: The next day was the 7th.

215:13:57

SHAWN GRAHAM: I'm sorry. Yes. On the day -- the morning of the 7th.

225:13:58

ERIC JOHNSON: On the morning of the 7th, I believe it was a Sunday, Stacy had agreed that she would report over there. When she got there, it was some 40 miles from my residence on the weekend. And she called me and she said, I think you need to come over here and look at this vehicle yourself. So that's when I traveled to Smith County to meet Ms. Jones and examine the vehicle myself.

235:14:25

SHAWN GRAHAM: And she briefed you on what she was finding in the car?

245:14:29

ERIC JOHNSON: That's correct, Counselor. She was.

255:14:31

SHAWN GRAHAM: Did you actually go and look at the car yourself?

265:14:33

ERIC JOHNSON: Immediately.

275:14:38

SHAWN GRAHAM: One of the things that she testified that she found out of the car was State's Exhibit number 91, which was a cell phone. Do you recognize that item?

285:14:52

ERIC JOHNSON: Your Honor, may I refer to my notes?

ERIC JOHNSON: Thank you, sir.

315:15:26

ERIC JOHNSON: Counselor, based on my documentation that I made, that should be a Galaxy Note 3 cellular telephone, black in color, with a serial number indicative of what is written by Ms. Jones' handwriting on this piece of evidence.

325:15:39

SHAWN GRAHAM: And do you remember receiving an item from her that was sealed up, labeled like that?

335:15:44

ERIC JOHNSON: I do, Counselor.

345:15:45

SHAWN GRAHAM: And did you go into it or mess with the contents of it or manipulate it in any way?

355:15:50

ERIC JOHNSON: No, sir. I did not. The only -- the only thing that I would have done is I would have confirmed the serial number on this device so we could accurately log what we had. So I would have obtained that prior to Ms. Jones sealing and labeling the piece of evidence.

365:16:09

SHAWN GRAHAM: And once you took that item from her, which we're talking about the phone, State's number 91, what, if anything, did you do with it?

375:16:18

ERIC JOHNSON: As I recall, that day became very busy, as you could imagine, with us coordinating with South Carolina in trying to ascertain the whereabouts of these children and their well-being. One of my functions and roles that I took on is I prepared search warrants. Based on the electronics retrieved from the black SUV driven by Mr. Timothy Jones, there was a possibility that there could be forensic value that could have some sort of clue. I immediately began to draft search warrants. And in turn contacted our Jackson field office FBI agent that I had a contact for to see if the FBI could immediately start analyzing some of this to see if there was any type of value of evidence that we could pull up, whether it be, you know, a GPS internally in the phone that could show where it's been, if there was any other possible evidence that could be beneficial and helpful in locating the children.

385:17:23

SHAWN GRAHAM: Specifically, do you remember who you turned the phone over to?

395:17:25

ERIC JOHNSON: I do. I turned the -- this particular phone over to Special Agent Cynthia Opie with the Jackson field office FBI.

405:17:34

SHAWN GRAHAM: In addition to taking that phone and other electronics as well, did you also have an opportunity to review some of the receipts that Ms. Jones found in the vehicle?

415:17:45

ERIC JOHNSON: I did, Counselor.

425:17:47

SHAWN GRAHAM: And did you also have a chance to review the notes or see a photograph of the notes that was on the clipboard?

435:17:57

ERIC JOHNSON: I did, sir.

445:17:59

SHAWN GRAHAM: And specifically, that's the one that was labeled "Head to Camp"? Do you remember the one I'm referring to?

455:18:05

ERIC JOHNSON: I do. I do.

465:18:07

SHAWN GRAHAM: You're also --

475:18:09

ERIC JOHNSON: If I could refer to my notes, I would be glad to.

485:18:21

SHAWN GRAHAM: Sure, if you would.

495:18:26

ERIC JOHNSON: Yes, sir. Reading on page two of my report that I wrote for this case. At the bottom, it says, "Some documents found in the passenger seat inside of the Cadillac. It appears to be handwritten notes on a clipboard that stated, "Head to campground, melt bodies down -- " correction, "melt bodies, sand to dust or small pieces. Day one, burn bodies. Day two, sand down bones. Day three, MB", initials, and "dissolve and discard".

505:19:02

SHAWN GRAHAM: Let me show you State's 125.

515:19:06

ERIC JOHNSON: Yes, sir.

525:19:07

SHAWN GRAHAM: Is that the document that you're referring to?

535:19:12

ERIC JOHNSON: It is, Counselor.

545:19:17

SHAWN GRAHAM: In addition, you also looked at a Walmart receipt. Is that correct?

555:19:24

ERIC JOHNSON: I did, sir.

565:19:27

SHAWN GRAHAM: And what, if anything, important did you notice about the Walmart receipt? Why was the Walmart receipt important to you?

575:19:39

ERIC JOHNSON: As I recall, on that Walmart receipt, there were certain items that I noted that appeared to be of some concern to me. If I had a copy of that -- and I may have one in my file. Muriatic acid, as I recall off the top of my head, a saw, jab Saw, maybe.

585:20:00

SHAWN GRAHAM: Let me show you --

595:20:02

ERIC JOHNSON: Do you have a copy?

605:20:04

SHAWN GRAHAM: Let me show you State's 111 --

615:20:05

ERIC JOHNSON: State's 111. Thank you, Counselor.

625:20:07

SHAWN GRAHAM: -- and ask if you recognize that.

635:20:09

ERIC JOHNSON: I do recognize this Walmart receipt.

645:20:13

SHAWN GRAHAM: And is that the Walmart receipt that you were referring to that you saw that day?

655:20:18

ERIC JOHNSON: It is, sir. This, is indicative of the dust mask, the 3M goggles, the Jab Saw, the saw blades, the multi-saw pack, muriatic acid, a five gallon pail. This is a photographic copy of the receipt that I saw on the day in question in Smith County, Mississippi.

665:20:41

SHAWN GRAHAM: And you had actually, have been to the vehicle itself and seen the condition of the vehicle, correct?

675:20:46

ERIC JOHNSON: I have. I had seen the condition of the vehicle after Ms. Jones, our crime scene analyst, had arrived there and looked at it and contacted me. As I stated previously, I immediately went to the Smith County area where the vehicle was at.

685:21:04

SHAWN GRAHAM: Is it fair to say that you and law enforcement had concerns about the welfare of the children, that you did not know if any of them were still alive or, in fact, if any of them were actually dead? Is that a fair statement.

695:21:14

ERIC JOHNSON: That is a correct statement, Counselor. We had, you know, we had great concerns for the welfare of the children, and at that point we didn't know if the children were dead or alive.

705:21:29

SHAWN GRAHAM: In planning -- you were asked to come help, correct?

715:21:33

ERIC JOHNSON: I'm sorry?

725:21:34

SHAWN GRAHAM: You were asked by Smith County to come help?

735:21:36

ERIC JOHNSON: That's correct, sir.

745:21:37

SHAWN GRAHAM: And did you actually get an opportunity to meet with both Undersheriff Patterson, who was involved with the traffic stop on the 6th, and also, at this point, the Sheriff down there?

755:21:48

ERIC JOHNSON: Yes, sir.

765:21:50

SHAWN GRAHAM: So in the three of you meeting, did you make a decision to reach out to the Defendant's father?

775:21:59

ERIC JOHNSON: We did, Counselor. And it's been almost five years, ladies and gentlemen, and I don't remember if I called him, how that got started. But at some point I did talk to Mr. Timothy Jones, Sr. who resides in Amory, Mississippi.

785:22:20

SHAWN GRAHAM: And Tim Jones, Sr. came down, correct?

795:22:23

ERIC JOHNSON: He did, along with his wife.

805:22:27

SHAWN GRAHAM: And you all's plan was to include him in when you attempted to interview Mr. Jones on the night of the 7th. Is that correct?

815:22:37
825:22:41

SHAWN GRAHAM: Besides you four, yourself, Tim Jones, Sr., Sheriff Crumpton and Marty Patterson, were there any other law enforcement agents who were involved in the interview or attempted interview?

835:22:53

ERIC JOHNSON: No. Those were the only persons in the room at the time of the interview.

845:23:02

SHAWN GRAHAM: So can you tell me, approximately, what time the interview was attempted? When did that approximately start?

855:23:09

ERIC JOHNSON: I can, sir. On Sunday, September the 7th of 2014, we sat down with Timothy Jones, Jr. at approximately 18:04 hours, 6:04 p.m. in the afternoon.

865:23:43

SHAWN GRAHAM: Let me show you two documents that have been previously marked and ask if you recognize these documents and if they would assist in your explanation of the interview that occurred on September 7th of 2014.

875:24:01

ERIC JOHNSON: Yes, sir. I'm looking at Exhibits 24 and 26. State's Exhibits.

885:24:05

SHAWN GRAHAM: Those are Court's Exhibits.

895:24:07

ERIC JOHNSON: Court's Exhibits. Okay. Yes, sir. Both of these I am familiar with, sir.

905:24:10

SHAWN GRAHAM: Your Honor, the State would move both of these into evidence at this time.

THE COURT: They need to be marked. State's 133 and 134?

COURT REPORTER: Yes, sir. (Whereupon, State's Exhibit numbers 133 and 134 were marked and admitted into evidence).

935:24:59

SHAWN GRAHAM: I was going to call you Lieutenant. What's your current title? I'm sorry.

945:25:05

ERIC JOHNSON: Yes, but it doesn't matter now. It has nothing to do with --

955:25:08

SHAWN GRAHAM: I'm going to call you Lieutenant Johnson. How about that?

965:25:09

ERIC JOHNSON: That would be fine. Yes, sir.

975:25:12

SHAWN GRAHAM: Lieutenant Johnson, looking at what is State's 133, can you tell the jury what we're looking at?

985:25:23

ERIC JOHNSON: I can, Counselor. In Smith County, in Raleigh, Mississippi, it's an old county seat Court House. I'm not sure how old it is, but a two-story building. And in the upstairs in the Court House on either side of this facility is kind of a conference room, break room. And this was the break room on the second floor of the Smith County Courthouse located in Raleigh, Mississippi. Kind of an out of the way area to sit down and talk. The jail is just mere feet away from the Court House.

995:25:59

SHAWN GRAHAM: State's 134 is a diagram of that room that you actually drew, correct?

1005:26:03

ERIC JOHNSON: I did, sir.

1015:26:04

SHAWN GRAHAM: It's not to scale, correct?

1025:26:06

ERIC JOHNSON: That is correct. Not to scale.

1035:26:08

SHAWN GRAHAM: So in general -- can you read it from there or do you want to step down?

1045:26:13

ERIC JOHNSON: May I step down, Your Honor? I can't see it that well. (Whereupon, the witness stepped down from the witness stand.)

1055:26:27

SHAWN GRAHAM: Let me hand you a laser pointer and I'm going to let you explain the rooms to the jury.

1065:26:33

ERIC JOHNSON: The room is approximately 14-by-20 in size, shape and size. And in there is one door in, a table area, a couch along this area, a center conference table in the break room with some chairs around it, a sink on this end, and then a couple of windows, like I said, on the second floor.

1075:26:58

SHAWN GRAHAM: You can have a seat.

1085:27:00

ERIC JOHNSON: Thank you. Do you need to, shall I?

1095:27:03

SHAWN GRAHAM: I don't want to lose it, thank you.

1105:27:06

ERIC JOHNSON: Thank you, sir. (Whereupon, the witness returned to the witness stand.)

1115:27:08

SHAWN GRAHAM: Lieutenant, do you remember how the four of you that I mentioned before and the Defendant came together? In what order or who was where first or anything like that or do you know?

1125:27:24

ERIC JOHNSON: Counselor, are you referring to the actual interview with Mr. Tim Jones, Jr. and where we were at in proportion to the room?

1135:27:31
1145:27:32

ERIC JOHNSON: Okay. We were already in the room. Tim Jones Sr. and his wife and the Sheriff and I, I believe, and Undersheriff Patterson, we all talked about it. And, quite frankly, that's not a common tactic that you would take a parent or a friend or someone else with someone in there. But under the circumstances that we were dealing with, we felt that maybe he would be more comfortable, he would at least give us some information that would be beneficial to law enforcement either in Mississippi or South Carolina or in between that could give us some sort of a direction of where these children were and how we could attend to their needs and get to them -- find them, in essence. So we talked to Mr. Jones, Sr. and he was more than willing, helpful, concerned grandfather, very much so, and he accompanied us to the room. And I think we were already in the room when Timothy Jones, Jr. was brought into the room.

1155:28:40

SHAWN GRAHAM: When the Defendant was initially brought into the room, do you remember what happened first?

1165:28:46

ERIC JOHNSON: As I recall, he had a few moments to talk to his, naturally, he sees his father there. So he talks with his father some. And after a few moments of, you know, chit-chat and talking, letting them talk, I began to talk to him. And one of the first things that I had to do as a law enforcement officer was advise him of his constitutional rights, his Miranda rights.

1175:29:12

SHAWN GRAHAM: Let me show you a document and ask if you recognize this document.

1185:29:22

THE COURT: Is this a good time for a break? I need a break, are you at a good breaking point. I need a break. Step in the jury room. Don't talk about the case. (Whereupon, the jury was excused from open court for a break.)

(Whereupon, a short break was taken.)

THE COURT: All right. We ready?

SHAWN GRAHAM: The State's ready, Your Honor.

THE COURT: All right. Bring the jury, please. (Whereupon, the jury came into open court at approximately 3:45 p.m.)

THE COURT: All right. Mr. Graham, continue on.

SHAWN GRAHAM: Thank you, Judge.

DIRECT EXAMINATION By Mr. Graham:

SHAWN GRAHAM: Lieutenant, where we left off was the beginning of an interview with Mr. Jones on September 7th, 2014 a little after 8:00 p.m., correct?

ERIC JOHNSON: That's correct, sir.

SHAWN GRAHAM: And I show you a document that has not yet been marked and ask if you recognize that.

1295:49:48

ERIC JOHNSON: I do, Counselor. This looks like the original Miranda form that I read to Mr. Jones on the night in question.

1305:49:56

SHAWN GRAHAM: And you recognize that by your handwriting and signature?

1315:49:58

ERIC JOHNSON: I do, sir.

1325:49:59

SHAWN GRAHAM: Your Honor, the State would move this form into evidence.

1335:50:03

THE COURT: That should be 135?

1345:50:05

COURT REPORTER: Yes, sir.

1355:50:06

BOYD YOUNG: Subject to previous objection, Your Honor.

1365:50:11

THE COURT: Subject to previous objection. (Whereupon, State's Exhibit number 135 was admitted into evidence).

1375:50:23

SHAWN GRAHAM: So, Your Honor, can I have the Lieutenant step down with me to go over the Miranda form with the jury?

1385:50:27

THE COURT: You may.

1395:50:28

ERIC JOHNSON: Thank you, Your Honor. (Whereupon, the witness stepped down from the witness stand.)

1405:50:36

SHAWN GRAHAM: All right. I'm going to give you that laser pointer.

1415:50:43

ERIC JOHNSON: Yes, sir.

1425:50:44

SHAWN GRAHAM: So in general terms, what is a Miranda form?

1435:50:46

ERIC JOHNSON: A Miranda form is an advice of rights form. Every law enforcement agency in the nation uses it. Basically, it's your constitutional rights as a private citizen and it protects us as law enforcement to makes sure that we do our job correctly and by the law. It's something we read to advise them of their constitutional rights, as seen here.

1445:51:07

SHAWN GRAHAM: In the upper left-hand corner, there's some handwriting. Whose handwriting is that?

1455:51:13

ERIC JOHNSON: That's my handwriting.

1465:51:14

SHAWN GRAHAM: And what did you write down?

1475:51:17

ERIC JOHNSON: As you can see, ladies and gentlemen, I entered the suspect -- the Defendant's name, Mr. Timothy Ray Jones, Jr., the address he provided, his Social Security Number, his date of birth, his educational background, and that would be our Mississippi Bureau of Investigation case number.

1485:51:37

SHAWN GRAHAM: The handwriting, now, to the right --

BOYD YOUNG: Your Honor, may we approach real quick? (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)

THE COURT: We're good.

1515:53:10

SHAWN GRAHAM: Moving down the list where it says, "Your rights", with the place, date and time.

1525:53:14

ERIC JOHNSON: That's my handwriting as well. We were at the Smith County Sheriff's Department. This is the date and this is the time that I started the advice of rights.

1535:53:23

SHAWN GRAHAM: Now, the rights themselves, explain how you advised Mr. Jones of his rights.

1545:53:31

ERIC JOHNSON: In reference to this case of Mr. Jones, I began reading these advice of rights. There's two parts to a rights form. You have the advice of rights and you have the waiver of rights at the bottom and on our Mississippi Bureau of Investigation form that we use in Mississippi, you can sign it just at the bottom. But in this particular form, there's no different. I began to read the rights to him, as you can see, "Before we ask any questions, you must understand your rights. You have the right to remain silent. Anything you say can be used against you in court." And at some point, as I was advising Mr. Jones of his rights, he took the page from me and said, "I can read", and read it very loudly to us in the room. He read the entire form from top to bottom to include the waiver of rights. And then, this scribble was what he produced as a signature regarding the advice of rights form. As you can see, I signed it as read by, and then witnessed by Sheriff Charlie Crumpton and the time, about two minutes to inform. But Mr. Jones took the form and read it top to bottom to us.

1555:54:39

SHAWN GRAHAM: You can have a seat, Lieutenant. Thank you.

1565:54:41

ERIC JOHNSON: Thank you, Counselor. (Whereupon, the witness returned to the witness stand.)

1575:54:48

SHAWN GRAHAM: At that time in the advisement of rights, other than him taking the form out of your hand and reading it out loud, what, if anything else, did you notice about his behavior at that time?

1585:54:57

ERIC JOHNSON: In reference to Mr. Jones --

1595:54:58

SHAWN GRAHAM: Yes, sir.

1605:55:01

ERIC JOHNSON: -- Jr.? We were in a relatively cool room and environment. In this time of year in South Mississippi, and I'm assuming in South Carolina it's pretty warm, too, in the summertime, as well. We had the air turned down pretty cool. He had on a orange jumpsuit, which is policy of the Sheriff's Department there. If someone's booked in, they have the orange jumpsuit, the flip-flops and things of that nature. And his hair wasn't real long. Maybe, my length. Maybe, a little longer, but he was sweating profusely. To the point that I have never seen just beads of sweat that appeared to be on the end of every hair on his head. Very sweaty.

1615:55:46

SHAWN GRAHAM: As you began to read his rights to him and as he then took the paper and read his rights to him, how do you go about seeing if he waived his rights? How do you know he understood his rights?

1625:55:59

ERIC JOHNSON: Well, is this particular case, and anytime -- anytime and every time I've ever dealt with someone regarding their Miranda rights, I've always emphasized on a few things. And one of the things that I always emphasize with someone to make sure that it's clear that they understand their rights is just above where you read "Waiver of rights", you'll see, "If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to a lawyer". I always emphasize that to someone just to make sure they understand it and say, look, you know, if you talk to me, you can still stop at anytime, just to kind of -- to do my job and make sure they understand their rights. And then, at the bottom -- in his particular case, he read the form top to bottom, but at some point I got it back and I continued and said, okay, let's go over this with me now, and advised him of his rights and the waiver of rights that I'm referring to now and that he was not threatened or pressured or coerced in any way and that he did not want a lawyer at this time, he was willing to make a statement and he understood that.

1635:57:04

SHAWN GRAHAM: So any question that -- from your dealings with him as far as the Miranda rights, did he understand his rights?

1645:57:11

ERIC JOHNSON: I think he did, Counselor.

1655:57:13

SHAWN GRAHAM: And did he waive his rights?

1665:57:14
1675:57:16

SHAWN GRAHAM: Did he appear to be under the influence of alcohol or drugs at the time of this interview?

1685:57:20

ERIC JOHNSON: I wouldn't say alcohol, but in my experience in law enforcement, I would say that he was, probably, coming off something.

1695:57:28

BOYD YOUNG: Objection, speculation.

1705:57:28

SHAWN GRAHAM: Your Honor, The State would cite Rule 701 as opinion testimony by this witness, it is presumption and would be admitted.

1715:57:36

THE COURT: I think his personal observation can be given. Subject to the objection, it will be allowed. A I think he was under the influence of something, coming off something. I don't know. But he was acting in such a manner I'd never dealt with before.

1725:57:57

SHAWN GRAHAM: Regardless, did it still seem -- any question that he understood what you asked and was responsive to your questions?

1735:58:03

ERIC JOHNSON: No. Mr. Jones made it perfectly clear that he was educated and he could read and understand and comprehend.

1745:58:10

SHAWN GRAHAM: Did you or anybody else in the room promise him anything if he would talk with you?

1755:58:15

ERIC JOHNSON: No. We did not.

1765:58:16

SHAWN GRAHAM: Did you or anybody else in the room threaten him in any way to get him to speak with you?

1775:58:20

ERIC JOHNSON: We did not.

1785:58:23

SHAWN GRAHAM: At any time, did he ask for an attorney?

1795:58:26

ERIC JOHNSON: He did not.

1805:58:27

SHAWN GRAHAM: At any time, did he say, I don't want to talk?

1815:58:31

ERIC JOHNSON: He did not.

1825:58:34

SHAWN GRAHAM: Did he ever ask to speak with his father alone?

1835:58:36

ERIC JOHNSON: He did not.

1845:58:42

SHAWN GRAHAM: Who was doing the questioning?

1855:58:46

ERIC JOHNSON: As I recall, mostly me, but a lot of the interaction during that period of time regarding this interview with Mr. Jones, a lot of the interaction was between his father and he, and myself and Sheriff Crumpton would interject questions at some points in the conversation. And Undersheriff Patterson was making some notations of things that could possibly prove to be useful in the investigation. But myself and Sheriff Crumpton would interject questions, but he and his father were in dialogue a good bit of the time.

1865:59:20

SHAWN GRAHAM: Would you explain to the jury, then -- after the Miranda form was done, he signed and he waived his rights. Can you tell the jury about the beginning of the interview and how it happened and go from there?

1875:59:32

ERIC JOHNSON: Like I said, as best I recall, he and his father began to talk and I would interject, you know, Tim, we know that you have five children. That's no question. We've been on the phone with authorities in South Carolina and they're not with their mother. And your father, their grandfather, wants to know where they are at. Where are these kids. And I've never -- maybe, one other time in my career there was someone acting this erratic, but he would be from one extreme to the other. Extremely loud and teary and crying and talking about Cindy put this in my head. And we later learned through listening that Cindy was his mother who'd had some mental issues in the past, based on our understanding. The only way you can stop me is put a bullet in my head. Just crazy, you know, sounding talk, like that's not the law here. He'd comment and he'd talk just a minute, and then he would yell over here, and just one extreme to the other. Very high and low, up and down emotions.

1886:00:44

SHAWN GRAHAM: Specifically referring to your report, what did you document that he said?

1896:00:49

ERIC JOHNSON: Let me refer.

1906:00:50

SHAWN GRAHAM: I'm on page three.

1916:00:52

ERIC JOHNSON: Of my report, Counselor?

1926:00:54
1936:00:58

ERIC JOHNSON: Page number, again, sir?

1946:01:00

SHAWN GRAHAM: At the bottom.

1976:01:08

ERIC JOHNSON: Referring to my notes, Jones began to speak with his father. Would you mind if I read some of this to --

1986:01:15

SHAWN GRAHAM: No. Please do.

1996:01:16

ERIC JOHNSON: -- convey it to the jury?

2006:01:18

THE COURT: Please do.

2016:01:19

ERIC JOHNSON: Thank you, Your Honor.

2026:01:22

THE COURT: Read slow.

2036:01:25

ERIC JOHNSON: Thank you. A Regarding to the report that I wrote in reference to this interview. "Jones, Jr. began to speak with his father. Jones, Jr. was acting in such a manner that I've never seen. He was sweating profusely in a cold room with beads of sweat dripping from his hair. He would scream out that it was Cindy who put these voices in his head and that Cindy passed this on to him." We discovered Cindy was Jones, Jr's. mother who had apparently spent time in a mental institution. Jones continued, "She put this poison on my head. Jones, Sr. expressed to his son that he loved him and that he would do whatever he had to in order to get Jones, Jr. the mental help he needed. Jones, Jr. stated the only way you can help me is to put a bullet in my head. That is the only way you can stop me. The only way you can fix me to is kill me." Jones, Jr. continued, "After Amber left me --", and we learned later that was the ex-wife, "-- it just came out of me. I couldn't control it. Voices are in my head. Jones, Sr. asked Jones, Jr. where the kids were. Jones, Jr. said the kids were in South Carolina." Jones said, "I left the kids for a reason. I will never go back to them. Someone stick a needle in my arm and get me out of it. My mom gave it to me". Continue, Counselor?

2046:02:54

SHAWN GRAHAM: Please do.

2056:02:55

ERIC JOHNSON: "Jones, Sr. asked why he didn't come see him this weekend along with the kids, as he had planned to do. Jones, Jr. stated, I didn't come to see you because of all this stuff in my head. Once, again, Jones, Sr. asked where the kids are. Jones, Jr. said, when I tell you, I'm going to hang myself. Then Jones, Jr. indicated an address of South Carolina and said that was where the kids are. He also indicated that if we loaded him in a car, he would take us to them. Jones, Jr. continued by saying that he put the kids out of the vehicle on the road between his residence and the Walmart nearby in South Carolina. Jones, Jr. said that one of his sons, Nahtahn, threatened to kill him by cutting him up and feeding him to the dogs. Jones, Jr. said that this ain't -- this is not normal for a child to tell his parents that sort of thing. Jones, Jr. continued to indicate that he had pushed the children out of the vehicle between his residence and the Walmart in South Carolina". Continue, Counselor?

2076:04:12

ERIC JOHNSON: "He even indicated he had kicked the kids out of the vehicle in that vicinity. Jones, Jr. stated it was a two minute drive from his house on South Lake Drive in Lexington, South Carolina, and that police should look on the path. He also said he put all of them out at one time beside the road near Walmart. When I asked him about the muriatic acid discovered in his vehicle, Jones, Jr. explained that was a technique used in his work in building and making computer boards. Jones said he wasn't worried about the kids because they want to kill him. Jones, Jr. indicated he had encountered a police officer within the past few days. Jones, Jr. continued by explaining he had been traveling smaller roads and avoiding the major highways and interstates. Jones, Jr. said he had pulled over one evening, possibly in Alabama, to look at a roadmap. As he began to pull off, his front tire on the passenger side fell into a deep hole or ditch, which caused him to be stuck. Someone who lived at a residence up the hill from where he had stopped came to his aid and stated they would call him a tow truck to pull him out. As he waited on the tow truck, a white male police officer wearing a dark blue uniform and driving a white marked SUV type police vehicle stopped to see if he needed any assistance. According to Jones, Jr., the officer ran his driver's license, and then left. Jones, Jr. said he paid the tow truck operator $110 and departed the area. When asked where he would stop and sleep, Jones, Jr. said hotels were too expensive and he would just stop at roadside parks and sleep in the vehicle".

2086:06:01

SHAWN GRAHAM: Let me stop you right there for a second.

2096:06:03

ERIC JOHNSON: Yes, sir.

2106:06:04

SHAWN GRAHAM: During the time of this interview, you had the Walmart receipt. Is that correct?

2116:06:08

ERIC JOHNSON: That's correct.

2126:06:09

SHAWN GRAHAM: And you confronted him with that?

2136:06:12
2146:06:13

SHAWN GRAHAM: And what on the receipt did you confront him with and what was his response?

2156:06:17

ERIC JOHNSON: As I recall, the muriatic acid and he stated it was used for the computer boards, and whether that's true or not, I don't know. That was above my pay grade on that. And the other items, he just kind of nonchalantly discarded as unimportant or nothing like that.

2166:06:38

SHAWN GRAHAM: Now, you also had knowledge of the clipboard that had the day one, two, three that you had discussed earlier, as well?

2176:06:46

ERIC JOHNSON: Yes, sir.

2186:06:47

SHAWN GRAHAM: Did you confront Tim Jones with that information?

2196:07:01

ERIC JOHNSON: I don't recall if we brought that out during that interview or not. That might have been some hold back information that we didn't want him to know we had or knew about until we maybe had ascertained some more information. I don't know if we brought that out, Counselor.

2206:07:16

SHAWN GRAHAM: Continue on with your report. Mr. Jones, Sr. asked his son a question. What did he ask him?

2216:07:24

ERIC JOHNSON: "Timothy Jones Sr. asked his son, did you hurt the kids. Jones, Jr. blurted out yes, and then he said no. Mr. Ryder showed Jones, Jr. copies of the handwritten notes -- ". We did show him. We did, based on this -- on our report. I showed him the day one plans and so forth of the, "Head to campgrounds", that we covered earlier. We did go over that. "And Jones, Jr. screamed, oh, God, what did I do. I don't know what I might have done. Jones, Jr. continued by saying the kids were fine and he never wanted to see him again. At one point during the interview, Jones, Jr. held his arms up to his father's throat as to indicate a choking manner, but he did not attempt to put any pressure or harm his father". He'd actually gotten up from the table from the previous sketch and walked around the small room. And his father was seated on the couch right here, and he walked over to his father and leaned over and did like a choking manner to his father.

2226:08:31

SHAWN GRAHAM: And I believe your notes reflected that was the end of the interview. Is that correct?

2236:08:33

ERIC JOHNSON: That's correct. Shortly after that, the interview ended.

2246:08:37

SHAWN GRAHAM: Approximately what time was it did you note that the interview ended?

2256:08:41

ERIC JOHNSON: It would have been around 7:25 p.m. based on my notes.

2266:08:46

SHAWN GRAHAM: So if I'm looking at State's Exhibit 135, the time that the Miranda form was witnessed was -- it says, 18:08. That's 6:08 p.m?

2276:08:56

ERIC JOHNSON: Well, that would have been the time the waiver and everything was completed and there's about a -- if you look at the time at the top, Counselor, it should be 18:06, 6:06 p.m. But the time he had read the Miranda to me, he had Mirandized me and we looked back over it, it was 6:08 p.m. So approximately two minutes on the Miranda form, but the length of time on the interview would have been from around 6:00 p.m. to 7:25, if that answers -- I think I see where Counselor is going.

2286:09:25

SHAWN GRAHAM: And then once, how long--

2296:09:26

ERIC JOHNSON: -- about an hour and 20 minutes on the interview. The first interaction with Mr. Jones.

2306:09:32

SHAWN GRAHAM: Now, your report notes -- and you discussed some, or documented some observations that you witnessed during the time of the interview. Can you share that with the jury, please?

2316:09:42

ERIC JOHNSON: I did. Profuse sweating. Kind of foaming at the mouth actually. I noticed that. Yelling or screaming out, bursts of anger and fear of the children based on some of the statements he'd made in the interview with him.

2326:10:00

SHAWN GRAHAM: The next day, September 8th, Mr. Jones was interviewed again, correct?

2336:10:09

ERIC JOHNSON: He was interviewed again on the 8th, Counselor. Yes.

2346:10:13

SHAWN GRAHAM: Looking down on your report on page five in the middle. You were not actually present during the interview on the 8th, but you were present to observe Mr. Jones interact with his father after that interview. Is that correct?

2356:10:28

ERIC JOHNSON: Yes. As I recall, based on my notes, officials from Lexington County Sheriff's Department, SLED and an FBI agent came over once -- after the interview the previous night. And actually we're on the phone with South Carolina saying this is what we've got, this is what he said, this is how he's acting. What do you guys have over there. So we're working together. So they said, we're making plans to head that way. So they came over the next day. There was plenty of them in that interview. So I did not go into the interview room. I was in the adjacent room.

2366:11:06

SHAWN GRAHAM: Specifically, after that interview was over, did you have a chance to overhear a conversation between Mr. Jones and the Defendant?

2376:11:13
2386:11:14

SHAWN GRAHAM: And what did you hear Mr. Jones say to his father?

2396:11:18

ERIC JOHNSON: Bear with me just a moment, Counselor. Okay. After this interview had concluded, Timothy Jones, Jr. had admitted to harming the children. So we began to work a concerted effort, okay, where are the children. He agreed to take us back to where the children were. So I was in and out of that room, along with other investigators, and we were trying to narrow down the stretch of highway where he believed it was somewhere in Alabama. So I had maps, I had computer screens pulled up with maps, we're looking at this, we're looking at that. And while I was in the room, Timothy was allowed to speak with his father and he requested to speak to his father who was present at the Sheriff's Department. But his father was not in this interview with -- the subsequent interview. The second one we're talking about now. So we allowed him to speak to his father. He stated, "He was sorry for what he'd done to the children and there was no way his father could love him now. Jones, Jr. indicated he strangled the children in his residence in South Carolina on or about the 28th of August of 2014. Jones, Sr. maintained his composure and was able to communicate with his son. The two discussed a memorial service for the children and Jones, Jr's. financial situation, referring to the need to hire an attorney for representation".

2406:12:48

SHAWN GRAHAM: In relation to the way he acted on the 7th when you interviewed him compared to the 8th, can you tell the jury about what, if any, differences you observed about his demeanor?

2416:13:00

ERIC JOHNSON: On the second interview, which was conducted by the South Carolina authorities and SLED and Sheriff Crumpton, I believe, was present in that interview, he was as different as night and day. His demeanor was down lower. He was calmer. He was more consistent in his answers. He was more consistent in his speech. He wasn't the same Timothy that I initially met the day before.

2426:13:28

SHAWN GRAHAM: So when I ask that question, we're talking about two different times now that you've interacted with him, correct?

2436:13:34

ERIC JOHNSON: That's correct, Counselor.

2446:13:35

SHAWN GRAHAM: The first would have been the interview on the 7th when you interviewed him, which would have been about 6:00 p.m. on September 7th? That's the first time you encountered him?

2456:13:45

ERIC JOHNSON: That's correct, sir.

2466:13:46

SHAWN GRAHAM: The second one that we're talking was after another interview that the FBI and the Lexington County Sheriff's Department had with him on the following day. Is that right?

2476:13:57

ERIC JOHNSON: That's correct.

2486:13:57

SHAWN GRAHAM: And then, your interaction with Mr. Jones would have been after that interview was over?

2496:14:02

ERIC JOHNSON: That's correct.

2506:14:05

SHAWN GRAHAM: You also had contact again with the Defendant the following day, we're now on Tuesday, September 9th. Is that correct?

2516:14:13

ERIC JOHNSON: Yes, sir.

2526:14:16

SHAWN GRAHAM: And, again, did you have an opportunity to Mirandize Mr. Jones?

2536:14:21

ERIC JOHNSON: I did, Counselor.

2546:14:23

SHAWN GRAHAM: And let me show you a document and ask if you recognize it.

2556:14:29

ERIC JOHNSON: This is another Miranda form that is dated the 9th of September, 2014 and the time is indicated here. This appears to be the original form and I advised him of his constitutional rights, the same as the form we previously went over. And it was signed, read by me and witnessed by Special Agent Dave Mackey with the FBI.

2566:14:55

SHAWN GRAHAM: This form is the same as the form that's on the screen. Is that correct?

2576:14:59

ERIC JOHNSON: It is, identical. The same form. Just different date, time and witness.

2586:15:04

SHAWN GRAHAM: Your Honor, the State would offer the Miranda form from September 9th of 2014 into evidence.

2596:15:11

BOYD YOUNG: Subject to previous objection.

2606:15:14

THE COURT: Subject to previous objection, 136 admitted.

2616:15:17

COURT REPORTER: Yes, sir. (Whereupon, State's Exhibit number 136 was admitted into evidence).

2626:15:24

SHAWN GRAHAM: Lieutenant Johnson, did you, again, on September 9th, advise Mr. Jones of his rights?

2636:15:32

ERIC JOHNSON: Yes, sir. I did.

2646:15:33

SHAWN GRAHAM: In the same manner -- did he seem to understand them this time, as well?

2656:15:38

ERIC JOHNSON: He did, sir.

2666:15:40

SHAWN GRAHAM: The time -- what time was it that the rights were administered?

2676:15:45

ERIC JOHNSON: If I may expound just a moment. Regarding this date, this was the date that we were preparing to go to Alabama and search for the children and we advised him of his rights simply because of anything that's said will be used in court. The exact same form. This time, it was at 11:13 a.m, in the morning, witnessed and signed at 11:14. The same form, different date.

2686:16:11

SHAWN GRAHAM: Did he understand the rights --

2696:16:12
2706:16:13

SHAWN GRAHAM: -- that morning?

2716:16:14

ERIC JOHNSON: Yes, sir.

2726:16:14

SHAWN GRAHAM: Did you or anybody else threaten him to get him to either speak with you or to take you to the children?

2736:16:21

ERIC JOHNSON: We did not.

2746:16:23

SHAWN GRAHAM: Did you or anybody else make any promises to him to get him to speak with you or take you -- law enforcement to the children?

2756:16:29

ERIC JOHNSON: We did not.

2766:16:31

SHAWN GRAHAM: Did he appear to be under the influence of alcohol or drugs on that day?

2776:16:35

ERIC JOHNSON: No. He did not.

2786:16:35

SHAWN GRAHAM: Comparing his demeanor on the morning of the 9th to the time you saw him on the 8th, to the erratic behavior, for a better word, that you've talked about on the 7th, would you describe what you saw on the 9th?

2796:16:50

ERIC JOHNSON: Two different people. Again, he was -- the next two days of interaction was as different from the first as night and day. He was much more calmer, speaking calmly, answering questions, assisting.

2806:17:15

SHAWN GRAHAM: After the advisement of the Miranda rights, were you and other law enforcement agencies involved in attempting to locate the children?

2816:17:28

ERIC JOHNSON: Yes. Multiple agencies were involved in this endeavor.

2826:17:32

SHAWN GRAHAM: And do you remember who you rode with?

2836:17:35

ERIC JOHNSON: One of my other agents out of my office, Trent Weeks and I were the two representatives from MBI.

2846:17:41

SHAWN GRAHAM: And Mr. Jones would have been transported by somebody else?

2856:17:42

ERIC JOHNSON: Mr. Jones was transported -- because he was in the custody of the Smith County Mississippi Sheriff, he was transported in a deputy's car, along with the Lexington County Investigator Adam Creech and another investigator from the Smith County Sheriff's Department, as I recall. There was, basically, a caravan leaving the Smith County, Mississippi, area traveling back to Alabama. During this time of looking at maps and narrowing down and looking at receipts and trying to get a timeline of where he had been, I had contacted the Alabama Bureau of Investigation and spoke with agents there along with some sheriffs in some of the lower lying counties along the route that we believed, at that time, that he'd probably taken. So there was multiple agency assistance.

2866:18:40

SHAWN GRAHAM: What time did you and the other officers leave the Smith County Sheriff's Department?

2876:18:57

ERIC JOHNSON: About 12:30 on the date in question, the 9th. We left at 12:27, actually, based on my notes. We left the Smith County Sheriff's Department in route to the Alabama area, Alabama Highway 10.

2886:19:16

SHAWN GRAHAM: Did you have -- how long of a drive was it from the Smith County Sheriff's Department to where the children were ultimately found?

2896:19:25

ERIC JOHNSON: It was -- I would say it was about three hours. It was about three hours. It was 160 or, 160 or 70 miles from Smith County. It was deeper into Alabama than we anticipated at first.

2906:19:37

SHAWN GRAHAM: Did you know exactly where you were going that day?

2916:19:47

ERIC JOHNSON: No, we did not. As I stated previously, we had an idea based on the timeline that we had -- the rough timeline that we established and communicated with Jones, Jr., Timothy, and looking at maps and talking to authorities over there, you know, we realized how far it was.

2926:20:06

SHAWN GRAHAM: As far as the drive there, do you remember how many, for lack of a better word, wrong turns you took that you had to take, and then undo?

2936:20:16

ERIC JOHNSON: We only took one misguided turn and it wasn't really a turn.

2946:20:22

SHAWN GRAHAM: What was it?

2956:20:25

ERIC JOHNSON: According to Timothy, he had given us information that he had discarded the children in black garbage bags at an old dirt road. Well, I'm not real familiar with South Carolina, but in Old Mississippi and Alabama and down through that area, we have a lot of rural areas and timberland and we have a lot of logging, and on these logging sites you have loading zones. They'll go up there and they'll clear a big area and that's where the skidders will drag the logs out to. And we were traveling on 10 and, like I said, we were in several vehicles. So we're communicating via cell phone and watching mirrors and I think Trent, my agent and I, were out front. We saw them stop, slow down and pull in one area just off the main highway up a hill, red dirt area, a little logging loading site. Well, in just a moment, Timothy -- I said Timothy. I may have said that wrong. Timothy said, this is not the place, pull back out, and we continued east on Alabama 10 for several more miles. And the next spot -- like I stated, the old loading zone, the log landing zone that they pull them to, that was the spot. The second spot we stopped at was it.

2966:21:51

SHAWN GRAHAM: Would you describe the area of the last stop that you had before finding the children?

2976:21:57

ERIC JOHNSON: Yes, sir. Along Route 10 in Alabama, it's a wooded, it's a hunter's paradise. It's a wooded area, rural Alabama, a lot of timberland, and as we were traveling onto Highway 10, we turned left back north, I was looking at a map, and just went up just a -- just a few yards. Just maybe 50, 100 yards from where the log trucks would enter out onto the highway. You know, you always get, when you see trucks entering highway area. We pulled right up in there in the big loading zone and that's where it was at. It was up a slight hill, red dirt area, clear cut area. And then, they'll have different routes for the skidders that pull timber up to the loading zone where they delimbed them and things of that nature. And off one of the skidder runs was where the garbage bags were. The children.

2986:23:00

SHAWN GRAHAM: The children in the garbage bags?

2996:23:03

ERIC JOHNSON: Yes, sir.

3006:23:10

SHAWN GRAHAM: After the children were found, would you describe what your role was and what you did?

3016:23:17

ERIC JOHNSON: Once we had located the children, it wasn't the -- the calvary came in at that point. The Alabama Bureau of Investigation, I can't say enough about how good they did, and the local sheriffs down in those counties. Those two counties that we had kind of narrowed things down to were just a tremendous help. But when we radioed or phone called and said, look, we're at this location, here's our GPS, the calvary came rolling in. Alabama secured the area. They had three choppers in the air and a bunch of Alabama Bureau of Investigation, State and narcotics agents and, basically, the area was quarantined off, tapped off, as I recall. And Mr. Jones, Timothy Jones, Jr. wasn't kept there but maybe a period of 10 minutes or less. And then Sheriff Crumpton, since he was in the custody of the Smith County Sheriff and Sheriff Crumpton was responsible for him, he told his deputies to go back to Mississippi with him. Take him and get him out of this area right here right now and all these people. No need to leave him there.

3026:24:26

SHAWN GRAHAM: At some point, did members from the South Carolina State Law Enforcement Division come to that crime scene?

3036:24:34

ERIC JOHNSON: They did and Agent Weeks and I, I think, we remained on-scene until South Carolina may have gotten there. We stayed there quite a few hours.

SHAWN GRAHAM: Lieutenant, thank you. Please answer any questions the Defense has for you.

CrossCrossEric Johnson — Cross Eric Johnson Boyd Young

CROSS-EXAMINATION By Mr. Young:

BOYD YOUNG: Afternoon, Lieutenant Johnson.

3086:25:17

ERIC JOHNSON: Good afternoon, sir.

3096:25:19

BOYD YOUNG: We've met before.

3106:25:21

ERIC JOHNSON: We have, sir.

3116:25:22

BOYD YOUNG: I came to Mississippi and we met at the Smith County Sheriff's Department?

3126:25:27

ERIC JOHNSON: We did, sir. Yes.

3136:25:28

BOYD YOUNG: And then, you came here and testified in March of this year and we talked then?

3146:25:34

ERIC JOHNSON: We did, Counselor. Yes, sir.

3156:25:36

BOYD YOUNG: And we've talked a couple times while you've been here, right?

3166:25:40

ERIC JOHNSON: Yes, sir. We have.

3176:25:44

BOYD YOUNG: Okay. You gave your testimony with Mr. Graham by saying that you had great concerns when you got to Mississippi -- or got to Smith County and you didn't know if the kids were alive or dead, is that, that's your testimony?

3186:25:58

ERIC JOHNSON: Yes, sir.

3196:25:59

BOYD YOUNG: So if you had great concerns about knowing their condition, then you immediately called Mr. Tim Jones, Sr., sitting right back here, and asked him to come help. Is that what happened?

3206:26:10

ERIC JOHNSON: You know, and respectfully, and, Counselor, I don't recall who called who or at what point. But at some point, I did communicate with Tim Jones, Sr., and it would have probably been that very day before we did the interview with Tim, Jr. Yes. So at some point we --

3216:26:33

BOYD YOUNG: You didn't call him on the 6th when you got called from --

3226:26:38

ERIC JOHNSON: Was that the original stop?

3236:26:39

BOYD YOUNG: That's correct.

3246:26:40

ERIC JOHNSON: No, sir. I did not. You're right, Counselor.

3256:26:42

BOYD YOUNG: When you got notified that night, you didn't call him then?

3266:26:45

ERIC JOHNSON: No. I didn't even know his name at that point.

3276:26:47

BOYD YOUNG: Right. And you didn't call him when you arrived at Smith County in the -- when you got the phone call, like you need to come see this car. You didn't call him then?

3286:26:54

ERIC JOHNSON: No, sir.

3296:26:55

BOYD YOUNG: You went and saw the car, right?

3306:26:57
3316:26:58

BOYD YOUNG: You took notes and had a notepad with you during your investigation?

3326:27:06

ERIC JOHNSON: Yes. I did.

3336:27:09

BOYD YOUNG: And you took notes during your interview of Timothy Jones, Jr.?

3346:27:14
3356:27:16

BOYD YOUNG: And you used those notes to prepare your report?

3366:27:18

ERIC JOHNSON: That's correct.

3376:27:19

BOYD YOUNG: And then, you shredded those notes?

3386:27:20

ERIC JOHNSON: That's correct.

3396:27:21

BOYD YOUNG: But while you were looking around after we came, you found some old notes that you still had, right?

3406:27:29

ERIC JOHNSON: That's correct. I found some other handwritten notes.

3416:27:31

BOYD YOUNG: And you turned those over?

3426:27:33

ERIC JOHNSON: Absolutely.

3436:27:35

BOYD YOUNG: I'm going to show you a page and ask you if those are your notes.

3446:27:46

ERIC JOHNSON: These are, Counselor. Yes, sir.

3456:27:47

BOYD YOUNG: Okay. And does it indicate on here a time where you called Tim Jones, Sr.?

3466:27:53

ERIC JOHNSON: It does. That's correct.

3476:27:55

BOYD YOUNG: Okay. So that was you that called him?

3486:27:57

ERIC JOHNSON: That's -- based on my notes, that is correct. It says here at 13:15 hours, or at 1:15 in the afternoon, that I had spoken -- it says, "Spoke with Jones, Sr. at 1:15 hours there. It didn't say I called, but I did speak to him. I don't remember how that happened. It may have been me that called him.

3496:28:16

BOYD YOUNG: Okay. So you're saying -- well, when you spoke to him, it wasn't via radio?

3506:28:25

ERIC JOHNSON: No, sir. It would have been a cell phone.

3516:28:27

BOYD YOUNG: It was on a phone?

3526:28:28

ERIC JOHNSON: A telephone. Yes, sir.

3536:28:29

BOYD YOUNG: Okay. You just don't know if you originated the call, is that what you're saying?

3546:28:33

ERIC JOHNSON: Yes, sir. That's correct.

3556:28:34

BOYD YOUNG: But that's when --

3566:28:34

ERIC JOHNSON: But I did speak to him, based on my notations.

3576:28:37

BOYD YOUNG: But that's when you asked him to come help?

3586:28:40

ERIC JOHNSON: I don't know if I asked him or he said I'm coming anyway, but they were on the way in and we welcomed them to coming.

3596:28:46

BOYD YOUNG: Okay. And that was after you had seen the car?

3606:28:48

ERIC JOHNSON: That's correct.

3616:28:49

BOYD YOUNG: That was after you had smelled the car?

3626:28:50

ERIC JOHNSON: That's correct.

3636:28:51

BOYD YOUNG: That was after you had seen the receipts?

3646:28:54

ERIC JOHNSON: That's correct.

3656:28:55

BOYD YOUNG: You knew that the meals purchased were for one person?

3666:28:57

ERIC JOHNSON: That's correct. It appeared that way.

3676:29:01

BOYD YOUNG: You knew that there wasn't any luggage in the car?

3686:29:03

ERIC JOHNSON: There was a lot of stuff in the car, but I didn't see any suitcases, like let's go on vacation. No.

3696:29:10

BOYD YOUNG: Right. You knew that there weren't toothbrushes in the car?

3706:29:13

ERIC JOHNSON: I didn't have -- I didn't have a list of what all was in the car, but there was a lot of stuff in the car. If this answers the Counselor's question, there was no suitcases as if you were going on a trip, there was miscellaneous clothing. There could have been -- there was so much stuff in there, there could have been a toothbrush in there is what I'm saying. I didn't itemize it.

3716:29:31

BOYD YOUNG: You knew there weren't any car seats in the car?

3726:29:33

ERIC JOHNSON: That's correct. There were no car seats in the car.

3736:29:36

BOYD YOUNG: You knew that the car smelled like death?

3746:29:38

ERIC JOHNSON: I knew it had a very foul odor. Yes. I would associate it with decomposition.

3756:29:49

BOYD YOUNG: All right. Now, when Mr. Tim Jones, Sr. got there, you met with him, right?

3766:29:53

ERIC JOHNSON: And his wife. Yes, sir.

3776:29:56

BOYD YOUNG: And you see them here today?

3786:29:58
3796:29:59

BOYD YOUNG: Can you point them out for the jury?

3806:30:01

ERIC JOHNSON: I can. Mr. Jones, Sr. is in a gray shirt about three rows back, and then his wife, Julie, right there.

3816:30:07

BOYD YOUNG: You didn't tell him about what you had found in the car?

3826:30:16
3836:30:17

BOYD YOUNG: You didn't tell him that there was a piece of scalp with hair in the car?

3846:30:20
3856:30:20

BOYD YOUNG: You wanted him to help you try and find his grandchildren?

3866:30:25

ERIC JOHNSON: He was a concerned grandfather and, yes, anything that would make Timothy, Jr. feel more comfortable that would help us maybe find a location where the children were. And, sincerely, it was a well-being concern. We didn't have a body to say we've got a death or multiple deaths. We had a father with no children. Where are the kids.

3876:30:51

BOYD YOUNG: Moving forward to when you and Tim, Sr. went to speak with Timothy, Jr. Okay? That was on the 7th?

3886:31:02

ERIC JOHNSON: Yes. The first interview?

3896:31:03
3906:31:04

ERIC JOHNSON: Yes, sir.

3916:31:04

BOYD YOUNG: And that was in the evening about 6:00, right?

3926:31:07

ERIC JOHNSON: Correct.

3936:31:08

BOYD YOUNG: And you knew that Timothy Jones, Jr. had been in custody at the Smith County Detention Center for about 24 hours at that point in time?

3946:31:16

ERIC JOHNSON: About. I think the stop, based on information that I ascertained, was around 8:00 o'clock. So, yeah. At least 22 hours, Counselor.

3956:31:25

BOYD YOUNG: And you knew that he had been transported to meet with medical professionals to draw blood, hair and DNA earlier that day?

3966:31:34

ERIC JOHNSON: I don't know that I knew that at that time.

3976:31:37
3986:31:37

ERIC JOHNSON: It's possible, but I was working on other things and that wasn't -- that wasn't my lane, at that time.

3996:31:43

BOYD YOUNG: You knew that he wasn't upstairs in the jail sweating profusely, screaming, crying, carrying on?

4006:31:54

ERIC JOHNSON: I can't answer that. He wasn't in my presence.

4016:31:56
4026:31:57

ERIC JOHNSON: Yes, sir.

4036:32:00

BOYD YOUNG: So when you got in there to speak with Mr. Jones -- and I know you've read your entire interaction from your report. It took you about five minutes to read that, right?

4046:32:10
4056:32:11

BOYD YOUNG: And that was an hour and a half worth of conversation that you summarized in your report?

4066:32:17

ERIC JOHNSON: Yes, sir.

4076:32:18

BOYD YOUNG: So it wasn't like Tim said, Cindy put this poison on me and put it in my head? That wasn't how it went, was it?

4086:32:25

ERIC JOHNSON: No, sir.

4096:32:26

BOYD YOUNG: It was, Cindy put it on me, Cindy -- the voices in my head. I can't get rid of them. You've got to put a bullet in me to get it out?

4106:32:34

ERIC JOHNSON: I would agree with the way Counselor presented that. Very loud, very yelling, very outspoken.

4116:32:41

BOYD YOUNG: And he went from that to crying?

4126:32:44

ERIC JOHNSON: That's correct.

4136:32:45

BOYD YOUNG: And he would spend time crying?

4146:32:47

ERIC JOHNSON: Yeah. He would get -- yes. He would get emotional, he would cry, he would have outbursts. Yes.

4156:32:53

BOYD YOUNG: He said, when Amber left me, it just came out. I couldn't control it. The voices are in my head?

4166:32:58

ERIC JOHNSON: That's correct.

4176:32:59

BOYD YOUNG: And you didn't ask him, like tell me more about the voices?

4186:33:04

ERIC JOHNSON: Well, at that time, he would change gears, change subjects, things of that nature, and I don't really -- I didn't tape record it, so I don't know verbatim. But my notations and what I read to the ladies and gentlemen of the jury is my recollection based on my notes that I took of how he acted. But I couldn't tell you word for word what he said.

4196:33:23

BOYD YOUNG: Well, that wasn't what you were focused on, was it? You weren't worried about the voices?

4206:33:27

ERIC JOHNSON: Our focus was where are the children.

4216:33:29
4226:33:29

ERIC JOHNSON: Are they okay.

4236:33:30

BOYD YOUNG: Right. That's what you wanted?

4246:33:32

ERIC JOHNSON: Yes, sir.

4256:33:32

BOYD YOUNG: Like where are the children?

4266:33:33

ERIC JOHNSON: Correct.

4276:33:33

BOYD YOUNG: And he said, I'll take you to them?

4286:33:35

ERIC JOHNSON: He did say that.

4296:33:37

BOYD YOUNG: And then, later on, he went on to say that they were in South Carolina?

4306:33:41

ERIC JOHNSON: That's correct.

4316:33:42

BOYD YOUNG: Right. And you knew that that wasn't true?

4326:33:44

ERIC JOHNSON: Yes. Well, let me rephrase. We didn't think they were in South Carolina.

4336:33:51

BOYD YOUNG: Well, you were, you were talking, you had talked to South Carolina, right?

4346:33:54
4356:33:55

BOYD YOUNG: You knew that the Walmart was five minutes from his house?

4366:33:57

ERIC JOHNSON: I can tell you where they weren't. They weren't at home, they weren't with their mother, they weren't somewhere between the residence and Walmart.

4376:34:04
4386:34:04

ERIC JOHNSON: Outside of that, I didn't know where they were.

4396:34:06

BOYD YOUNG: Right. You knew --

4406:34:07
4416:34:07

BOYD YOUNG: So you knew that that wasn't true?

4426:34:09

ERIC JOHNSON: I knew that wasn't true. Yes.

4436:34:15

BOYD YOUNG: When you got towards the end of your interview, you started, you asked him, and I know you said this, but you asked him if he was sleeping in hotels or where he was stopping?

4446:34:25

ERIC JOHNSON: Where he would stop and sleep.

4456:34:26

BOYD YOUNG: And he told you that he was sleeping in the car, right?

4466:34:30

ERIC JOHNSON: He did. That's what he said.

4476:34:31

BOYD YOUNG: He was sleeping in the car with the bodies of his children, right?

4486:34:35

ERIC JOHNSON: He didn't say that, but I see what you're saying. You're saying that the bodies were, obviously, in the vehicle. Is that what you're saying, Counselor?

4496:34:41
4506:34:42

ERIC JOHNSON: Yes, obviously, so. At some points, he was.

4516:34:45

BOYD YOUNG: He was sleeping in the car with the children for about nine days?

4526:34:49

ERIC JOHNSON: Yes. It appears so based on the timeline.

4536:34:52

BOYD YOUNG: And based on the receipts that you had, he was traveling all over the Southeast?

4546:34:55

ERIC JOHNSON: That's correct.

4556:35:08

BOYD YOUNG: You described this behavior as something you've never seen before?

4566:35:13

ERIC JOHNSON: One other time and one other case, it was similar, but this was extreme behavior that Mr. Jones, Jr. was exhibiting.

4576:35:21

BOYD YOUNG: Right. And I think that was your previous testimony. This was really extreme?

4586:35:24

ERIC JOHNSON: It was extreme behavior. Yes, sir.

4596:35:26

BOYD YOUNG: And you've seen people drunk and high before?

4606:35:30

ERIC JOHNSON: I have, Counselor.

4616:35:32

BOYD YOUNG: You've seen people who are brain damaged before?

4626:35:36

ERIC JOHNSON: I've seen people injured. Yes.

4636:35:38

BOYD YOUNG: You've seen people who are mentally ill before and talked to them?

4646:35:41
4656:35:41

BOYD YOUNG: You've seen people who are brain damaged, mentally ill and on drugs?

4666:35:48

ERIC JOHNSON: At points in my career, I'm sure I've run across all of that.

4676:35:51

BOYD YOUNG: And you don't know if this behavior was one or some combination of all those things?

4686:35:58

ERIC JOHNSON: No. I do not know what it was.

4696:36:02

BOYD YOUNG: You mentioned that -- moving forward to the next day, which was the 8th, right?

4706:36:11

ERIC JOHNSON: Yes, sir. May I digress just a moment, Counselor?

4716:36:15

BOYD YOUNG: Well, you're going to. So --

4726:36:17

ERIC JOHNSON: On the question you had previously asked, I didn't think it was alcohol, and it was more similar -- his behavior was more similar to some sort of substance abuse to me based on my experience and training and what I had seen, to be clear on what I thought.

4736:36:35
4746:36:36
4756:36:38

BOYD YOUNG: Voices in my head. She put voices in my head. The voices in my head came out. That sounds like that's, that's just to you, that's just drugs?

4766:36:50

ERIC JOHNSON: Well, I've seen people hallucinate and say things of that nature.

4776:36:53

BOYD YOUNG: It's psychotic, right?

4786:36:55

ERIC JOHNSON: It would be something along those lines.

4796:36:57

BOYD YOUNG: It's a break from reality?

4806:36:58

ERIC JOHNSON: It sounded like it.

4816:37:00
4826:37:00

ERIC JOHNSON: Yes, sir.

4836:37:04

BOYD YOUNG: Moving forward to the next day after agents from the FBI and Lexington had interviewed Timothy Jones, Jr. That's when you were talking about his conversation with his father, right?

4846:37:19

ERIC JOHNSON: Yes, sir.

4856:37:20

BOYD YOUNG: And he apologized to his dad and he said, you'll never be able to love me after what I've done?

4866:37:24

ERIC JOHNSON: Uh-huh. He --

4876:37:25

BOYD YOUNG: And his dad said, no, that's not true. We're going to help you. We're going to get you the mental health you need?

4886:37:30

ERIC JOHNSON: That's exactly what was said, sir, that I heard. That I heard. Yes.

4896:37:34

BOYD YOUNG: And you mentioned that his dad talked about hiring Tim a lawyer, right?

4906:37:38

ERIC JOHNSON: He talked about arrangements for the children and legal counsel.

4916:37:43
4926:37:43

ERIC JOHNSON: Yes. That's correct.

4936:37:44

BOYD YOUNG: And you know that I'm a Public Defender?

4946:37:47

ERIC JOHNSON: I do now. I wasn't sure, but I do now.

4956:37:50

BOYD YOUNG: You know Mr. Madsen's a Public Defender?

4966:37:55

SHAWN GRAHAM: Objection, relevance.

4976:37:56

THE COURT: Sustained.

4986:37:57

ERIC JOHNSON: I knew someone on that table was, but I wasn't sure who.

4996:38:02

BOYD YOUNG: You know that they didn't hire lawyers?

5006:38:04

SHAWN GRAHAM: Objection, Your Honor, relevance.

5016:38:07

ERIC JOHNSON: I don't know, Counselor.

5026:38:09

BOYD YOUNG: He's brought it up, Your Honor.

5036:38:13

THE COURT: No. I sustain it.

5046:38:16

BOYD YOUNG: On the next day is when you went with law enforcement officials with Timothy Jones, Jr. to locate the children's bodies that you were talking about --

5056:38:28

ERIC JOHNSON: Yes, sir.

5066:38:28

BOYD YOUNG: -- is that right?

5076:38:29

ERIC JOHNSON: Yes, sir.

5086:38:31

BOYD YOUNG: And when you got there and Tim Jones, Jr. got out of the car and he showed you where the bags were, right?

5096:38:42
5106:38:43

BOYD YOUNG: And you saw them?

5116:38:44
5126:38:45

BOYD YOUNG: And there was some animal activity and you could see bones sticking out of the bags?

5136:38:48

ERIC JOHNSON: That's right.

5146:38:51

BOYD YOUNG: And Timothy Jones, Jr. was screaming and crying. Is that right?

5156:38:59

ERIC JOHNSON: I can tell -- I can tell you exactly what he said.

5166:39:04

BOYD YOUNG: Well, you can tell me -- in your report, you wrote, "He appeared visibly upset, screaming and crying".

5176:39:09

ERIC JOHNSON: That's correct. And what he said.

5186:39:12
5196:39:14

ERIC JOHNSON: Okay. He was cuffed in the front. He had an orange jumpsuit on, as per incarceration. He got out of the car. You could smell the odor of what would be related to decomposition. He was crying and he yelled, "They're over there", and he pointed like that with his hands. I walked over the knoll several yards, 60, 70 yards, and observed the bags on the side. That's what he said.

5206:39:45

BOYD YOUNG: Okay. That was what he screamed? Because you wrote, he was screaming and crying out.

5216:39:50

ERIC JOHNSON: He screamed. Screamed it, said it very loudly, yes. Yes sir, he did.

5226:39:53

BOYD YOUNG: He was visibly upset?

5236:39:55

ERIC JOHNSON: He appeared to be.

5246:39:57

BOYD YOUNG: But, ultimately, he did the right thing, right?

5256:40:01

ERIC JOHNSON: If you're referring --

5266:40:02

BOYD YOUNG: -- by taking you to --

5276:40:02

SHAWN GRAHAM: Objection, Your Honor.

5286:40:02

BOYD YOUNG: -- taking you to the bodies.

5296:40:04

SHAWN GRAHAM: That's an improper question talking about what's --

5306:40:08

THE COURT: I understand. Rephrase it. You mentioned he took you to the bodies.

5316:40:13

BOYD YOUNG: He cooperated, he eventually cooperated?

5326:40:15

ERIC JOHNSON: He did, sir. Yes sir, he did.

5336:40:17

BOYD YOUNG: He told everybody what happened?

5346:40:19
5356:40:20

BOYD YOUNG: And he took you to where the children's remains were?

5366:40:23

ERIC JOHNSON: He did also do that. Yes.

BOYD YOUNG: Beg the Court's indulgence.

5386:40:56

BOYD YOUNG: When you went to interview Tim Jones on the 7th -- back in your initial interview, right?

5396:41:07

ERIC JOHNSON: Yes, sir.

5406:41:07

BOYD YOUNG: You with me? Sorry. Just wanted to make sure we're on the same page.

5416:41:11

ERIC JOHNSON: I know it does get confusing --

5426:41:13

BOYD YOUNG: It does.

5436:41:13

ERIC JOHNSON: -- with the dates and it's been so long ago. But, yes. That was the first encounter that I had with him, Counselor. Is that the day you're referring to?

5446:41:19

BOYD YOUNG: I am. And you had --

5456:41:20
5466:41:20

BOYD YOUNG: -- been meeting with Smith County law enforcement for most of that day?

5476:41:26

ERIC JOHNSON: In and out. Yes, sir. That's correct.

5486:41:28

BOYD YOUNG: Right. You were drafting warrants for electronics, you had talked to the Undersheriff, and you were in communication with the people from South Carolina?

5496:41:36

ERIC JOHNSON: The FBI.

5506:41:37
5516:41:37
5526:41:38

BOYD YOUNG: And you talked about when you went through the Miranda rights form, right?

5536:41:44

ERIC JOHNSON: Yes, sir.

5546:41:46

BOYD YOUNG: And how it was important to know that even if he wanted a lawyer, he could stop talking at any point in time and request a lawyer, right?

5556:41:54
5566:41:55

BOYD YOUNG: And nobody from Smith County had ever told you that, on the previous day, he had said he wanted a lawyer, that he's taking the Fifth?

ERIC JOHNSON: I don't even remember --

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