3.Stacy Jones — Direct/Cross (Part 2)
518 linesSHAWN GRAHAM: Ms. Jones, when we left off we had on the overhead a photograph that you took which was State's number 99. It's in evidence.
STACY JONES: Yes.
SHAWN GRAHAM: And I think that you were describing that it's the cargo area with the third row seats removed. Is that correct?
STACY JONES: Yes, correct.
SHAWN GRAHAM: You were beginning to tell me when I was asking you, I think, what that object was that we see near the tailgate area.
STACY JONES: Okay. At this -- at this state of my examination I'm looking for some biological evidence or any evidence, if any, that I can find of presence of decomposition. That appeared to me to be a rather dehydrated piece of tissue. There was hair present. So that item was collected -- was documented and collected and was submitted to a biological laboratory for examination by bio-science.
SHAWN GRAHAM: State's 100. Is that a closeup of what you're describing?
STACY JONES: It is. It's the same object. It's just a closeup view of that object.
SHAWN GRAHAM: State's 123. You talked about being boxed up. Is that correct?
STACY JONES: That's correct, that's correct.
SHAWN GRAHAM: So you, this is the envelopes that we had shown earlier through with writing on it, there had been a box that you had sealed up to prevent it from being tampered with?
STACY JONES: That's correct.
SHAWN GRAHAM: Your Honor, it's my understanding the Defense will stipulate to the chain of custody--
THE COURT: -- that's consistent with the other stipulation as well as the continuing objection?
ROBERT MADSEN: Yes, Your Honor.
SHAWN GRAHAM: Let me ask you specifically, Ms. Jones, did you find any set or group of black belts?
STACY JONES: I did. Yes, sir.
SHAWN GRAHAM: Where in the vehicle were those belts found?
STACY JONES: My report states that in the third row seat there was a black in color trash bag that contained a white in color shorts, three black in color belts, along with two pair of men's size shoes.
SHAWN GRAHAM: Let me show you two photographs. And I realize you didn't take these photographs and there's writing on them that was done by people after you. Do you recognize those two photographs, State's number 30 and 92, as being one of those three belts that you just discussed?
STACY JONES: Yes. It is a black in color belt that's photographed.
SHAWN GRAHAM: And additionally, you took this item, along with the other items that you collected from the vehicle and turned them over to a member of the Lexington County Sheriff's Department, I believe. Is that correct?
STACY JONES: I did. I turned them over to Mr. Keith Sprinkle with the Lexington County Sheriff's Office Crime Scene Unit on September the 11th, 2014 at 07:27 hours in the morning.
SHAWN GRAHAM: Are you familiar with the name of Brittany Burke who is a SLED agent?
STACY JONES: Just from since I've been here yesterday.
SHAWN GRAHAM: State's 92. That's part of the belt. Are you able from which end it's coming from, from--
STACY JONES: -- that's correct. That's coming from the, from the bottom end, I guess you would call it. The, not the buckle side.
SHAWN GRAHAM: State's 130.
STACY JONES: That would be the buckle end of the belt.
SHAWN GRAHAM: And when you found this, if you'll look here at the buckle end, the buckle is broken. Do you see that?
STACY JONES: Yes, sir. I do.
SHAWN GRAHAM: Is this the condition that you found it in?
STACY JONES: Yes, it is.
SHAWN GRAHAM: In addition, did you find a identification bearing the name of Tim Jones in the vehicle?
STACY JONES: Yes, sir. I did. It was an Intel ID badge.
SHAWN GRAHAM: And I think that that is State's number 9 that's already in evidence. Let me show you the badge itself and the lanyard and ask if you recognize that.
STACY JONES: Yes, sir. I do.
SHAWN GRAHAM: And do you remember where in the vehicle that was found?
STACY JONES: I do. It was in the passenger front seat. It was in that, you remember the large cardboard box. It was in that area. It's a lanyard with the identification card labeled Intel, is how I have it documented in my report.
SHAWN GRAHAM: Your Honor, if I forgot it, I will bring it up now. As far as the photograph of the belt, my understanding is, again like the other items, the Defense would stipulate to the chain of custody on that belt to the analyst at SLED.
THE COURT: The chain is stipulated subject to the objection.
SHAWN GRAHAM: Just a few more things to discuss. There was a lot of things in the car. Is that correct?
STACY JONES: I'm sorry?
SHAWN GRAHAM: There were a lot of things in the vehicle?
STACY JONES: A lot of things.
SHAWN GRAHAM: And you went through and actually photographed in general, some of them we saw and obviously there are a lot more photos that you took. But you tried to itemize as best you could the items you found in the vehicle. Is that correct?
STACY JONES: I did. I laid everything out. We gathered up all of the receipts, for example, and we placed them in date order and photographed them and things like that before we packaged them up to be transported to South Carolina.
SHAWN GRAHAM: And you wrote a report documenting what you found and where?
STACY JONES: I did.
SHAWN GRAHAM: Let's go through some of the items. If you'll go to page two. You started in the front area?
STACY JONES: Yes, sir. I did.
SHAWN GRAHAM: As far as the driver's side front area, was there anything of importance that you saw?
STACY JONES: Driver's side front seat. Is that where you're at?
SHAWN GRAHAM: Yes, ma'am.
STACY JONES: Everything in this report I had it broken down to every individual area, whether it was in the seat or whether it was the floorboard or the door pocket. It just makes it a little bit easier when there's so much stuff in this area. In the driver's side front seat I have labeled as a fabric refreshener and a plastic bag that contained garbage.
SHAWN GRAHAM: Underneath the driver's side seat did you also find some more evidence?
STACY JONES: Yes. In the -- underneath the driver's side rear seat, the seat was folded up, it's notated in parenthesis, and there was water, there was yellow and green containers of Clorox wipes, there was a can of refreshener, or refresher, and a black in color garbage bag that contained underwear, black boy jeans, a pink in color toy monkey, a pair of child sized blue in color gloves and a pink in color child sized white shoe.
SHAWN GRAHAM: Just one shoe?
STACY JONES: Just one shoe.
SHAWN GRAHAM: In the rear seat center floor area, can you tell the jury what you found there.
STACY JONES: The rear seat center floor area, my report states that there was Pennzoil motor oil, there was Ajax, there was Glass Plus cleaner, a pair of socks, a brown in color belt, a plastic bag, a sock with what appeared to be bleach stains.
SHAWN GRAHAM: And you said, how long have you been a crime scene analyst?
STACY JONES: This is my 23rd year.
SHAWN GRAHAM: Have you ever been qualified as an expert as a crime scene analyst?
STACY JONES: Yes, sir. I have.
SHAWN GRAHAM: Your Honor, the State would offer Stacy Jones as an expert in the field of crime scene analysis.
THE COURT: You need voir dire?
ROBERT MADSEN: No, sir.
THE COURT: Let the record reflect she's so qualified. What that means, she's qualified as an expert and not only allowed to offer testimony as to what she did or what she observed and saw, but offer opinions in a field of expertise. She is now qualified crime scene -- Solicitor, what was it?
SHAWN GRAHAM: Crime scene analysis, I believe.
SHAWN GRAHAM: Is that correct?
STACY JONES: Yes, sir. Crime scenes.
THE COURT: So in the field of analyzing a crime scene, Ms. Jones has been qualified as an expert in that field to offer opinions as to what she believes based on her training, experience and specialized instruction, what she can offer opinions in that particular field. So you may consider those as well.
SHAWN GRAHAM: Thank you, Your Honor.
SHAWN GRAHAM: The driver side sun visor area, I think in the photograph, you found a pair of sunglasses?
STACY JONES: Yes, sir.
SHAWN GRAHAM: Moving on to the passenger side front door, what did you find there?
STACY JONES: The passenger side front door pocket contained a black in color umbrella.
SHAWN GRAHAM: The passenger side dash, what did you find?
STACY JONES: A pack of Newport cigarettes and a plastic bag that contained multiple packs of Newport cigarettes.
SHAWN GRAHAM: The passenger side front floorboard?
STACY JONES: A black in color pack that contained toothpaste, Old Spice, a black in color pouch that contained the suspect's passport, a black in color bag that contained dental supplies, a My Passport electronic device, hand sanitizer, multiple chargers, a blister pack of Mucinex, a medicine bottle labeled Tim Jones, Omeprazole of multiple pills and a medicine bottle labeled Naproxen, a medicine bottle labeled Ibuprofen, a visit summary labeled Elias Jones, contacts, various toiletries, nail clippers, a mirror, lip balm, a bottle of orange juice and a black in color bag that contained shaving supplies. Also in the floorboard was a plastic bag containing wipes, two Gatorade bottles, a bottle of water, motor oil, a bleach bottle containing coins and bills, a Tide container that contained various cords, an oil filter, a box labeled Microstick that contained multiple flash drives and a green color case containing a Kindle and a floor mat.
SHAWN GRAHAM: Let me back up for a second. You went through -- I think one of the first things at the beginning you talked about was a passport. I think you said it was the suspect's passport?
STACY JONES: It's a -- it was a electronic device of sorts that was -- the name of that electronic device was My Passport.
SHAWN GRAHAM: In addition to the My Passport electronic device, you actually said the suspect's passport. Do you remember that, remember seeing that?
STACY JONES: Yes, that's correct.
SHAWN GRAHAM: And do you remember what that item was?
STACY JONES: It contained the suspect's passport. It was -- that was Tim Jones, Jr.'s passport.
SHAWN GRAHAM: For traveling outside the United States?
STACY JONES: Correct.
SHAWN GRAHAM: The passenger front seat, what did you find there?
STACY JONES: In the passenger front seat it was a large cardboard box containing a black in color case that contained a Bible, a blue bag that contained stamps and a checkbook labeled Tim R. Jones, Jr. that, the number ranged of the checks from 1254 through 1274, and another book labeled Tim R. Jones, Jr. continuing from 1275 to 1299. A mason bag labeled Tim Jones. A white in color plastic basket, a clip -- the clipboard with multiple papers, receipts. An HP laptop serial number 5C, Charles, B, boy, 3010C, Charles, H, Henry, T, Tom. A small Windows laptop serial number 2, correction, 024298331553. A second HP laptop serial number C, Charles, N, Nora, U, Union, 14007N, Nora, H, Henry. There was multiple clothing, multiple towels with what appeared to be bleach stains, hangers, a road Atlas, a plastic bag, school supplies, a checkbook labeled Tim R. Jones numbered 1251 through 1260, multiple pens.
There was a Blue Cross insurance card labeled Tim Jones, a lanyard with identification card labeled Intel, body spray, a black in color plastic bag that contained garbage and mail, various packages of cans of food, kernel popcorn, multiple papers, school papers, plastic door panel. Part, probably which means a part from the plastic door panel, a lighter, a plastic bag that contained multiple receipts, a Mason book and a Mason Bible, a movie, multiple cassette tapes, duct tape. A Galaxy Note 3 serial number R, Robert, V, Victor, 8F, Frank, 30J, John, 9M, Mary, 5n, Nora. Cellular phone with the battery taken out, two dust masks, a book, a lanyard with Disney World cards attached, a green in color folder that contained birth certificates and Social Security cards of the suspect and five children, income tax papers, multiple DVDs, plastic bag with multiple DVDs, a hard drive, legal divorce papers, a spindle of DVDs, photos of the children, needle nose pliers, letters addressed to the children, an empty stamped envelope, a child's book, one spoon, one fork, contacts and nail clippers.
SHAWN GRAHAM: Skipping down to the passenger side rear seat, if you could continue.
STACY JONES: The passenger side rear seat was a blue and color bucket with a red in color dirt type substance inside that contained a black in color plastic garbage bags, nail, duct tape, an empty plastic bag labeled "plastic mask", goggles, trash bags, plastic bag that contained vice grips, a screw, a black in color case that was empty, an empty bleach bottle, a gas canister with liquid, black in color trash bag with hangers, multiple clothing and a black in color towel, insulated blue jeans, a windshield -- windshield sun block, a sock, a green and brown in color bag that contained a red in color clipboard that was empty, an empty photo book, fireworks, two extension cords, cable wire, various papers, an adaptor, a metal clip, a plastic interior car part and batteries, a towel, socks, a bag of zip ties, a plastic cup, shampoo, red and black in color shorts, black in color pants, a white board eraser, a white in color towel, a plastic bag that contained one baby shoe and one diaper, a plastic container with a remote control toy, a child's size shoe, a toy remote, photos, a white and blue in color empty bag, plastic bag that contained a pacifier, various papers, data cords, power cords, an empty black in color bag, a green in color sandwich bowl that contained various sewing items, plastic bag that contained multiple mail, an empty box, a plastic bag that contained trash, a shots record, school pictures, keys, miscellaneous papers, a blue folder that contained college papers, a diploma
labeled Mississippi State University, gum. Multiple checkbooks labeled Timothy Jones, Jr. that number ranged from 1203 to 1230, 1261 to 1290, 1291 to 1320 and 1330 to 1350. A tassel, and multiple cellular phones including one Samsung serial number R, Robert, 31D, David, 70C, Charles, N, Nora, N, Nora, 4Z, zebra. One AT&T serial number L, Lincoln, 6X, x-ray, 7N, Nora, B, boy, 12A, Adam, 2522742. And one Verizon, serial number H, Henry, T, Tom, 15F, Frank, M, Mary, A, Adam, 06055 without a battery. Also present was body wash, multiple clothes, a hat, a Jab Saw, a plastic bag containing rope, a package of saw blades with one missing, a screw driver set and a red knife. A belt, a shirt, a book, a child size shoe, socks and a plastic interior car part.
SHAWN GRAHAM: Moving back to the third row seat.
STACY JONES: A black in color trash bag that contained white in color shorts, three black in color belts, two pairs of men's size dress shoes, an electric screw driver, a hard drive, plastic cup, children's papers, a Spanish dictionary, a plastic bag, multiple receipts, hairbrush, tape, multiple car chargers, writing pens, a butter knife, a plastic bottle with liquid, contact case, a comb, a hitch pin and clip, a screwdriver, multiple coins, broken eyeglasses, a manila envelope that contained school paperwork, shampoo, a child's size shoe and a lock with a key. A blue in color bag that contained clothing items, and a plastic bag that contained various clothing and a towel. A plastic blue in color bag with multiple clothing. A plastic bag containing books, toilet paper, a gray in color therapy band, a six volt battery, a bag with underwear, towels, a pink in color cup, a flashlight, house shoes, a white in color pillow, a comforter and a sock. A large clear plastic bin that contained a plastic box of pens, a stapler, pencil led and an eraser. A hanger, baby wipes, three Bibles, a Sony Electronic Reader, child size shoe, a pink in color photo book, multiple receipts, papers. A plastic box labeled resisters, a silver in color hairbrush, a baby book with photos and study papers, a plastic bag containing trash and receipts, data cords, a computer mouse, cassette tapes, a medicine bottle labeled Tim Jones. Omeprazole, spelling O-m-e-p-r-a-z-o-l-e with pink in color pills. A box with bags of glitter, school pictures and papers, a baseball, a key, a Step Counter, and a fuel reward card.
SHAWN GRAHAM: And finally in the rear hatchback area behind the third row seat what did you find?
STACY JONES: In the rear hatchback area behind the third row seat was Spectra vitamins. A box with a computer mouse, a hard drive, flash drives, a knife, batteries, black in color scarf, black in color gloves, a red in color fur hat, a book, a data cord, kids body wash, cards and Post-It notes. A purple in color latex glove, an empty bottle labeled muriatic acid, lighter fluid, three charcoal bottles with liquid, two sets of jumper cables, a funnel, a black in color blanket with what appeared to be dirt and grass. A red in color roadside assistance bag with an air pump, a jack stand, cotton balls, coins and cleaning wipes.
SHAWN GRAHAM: All of those items you collected and documented out of the car?
STACY JONES: That's correct.
SHAWN GRAHAM: Those are the ones you talked about and the ones that you had listed, you put them in boxes and sealed them up?
STACY JONES: I did.
SHAWN GRAHAM: And then you personally handed those sealed boxes to, I think you said, Keith Sprinkle --
STACY JONES: Keith Sprinkle.
SHAWN GRAHAM: -- at the Lexington County Sheriff's Department?
STACY JONES: Yes, sir. On September the 11th of 2014 at 07:27 hours in the morning we labeled and packaged 12 large boxes and released them to Keith Sprinkle who drove down to Mississippi to pick them up.
SHAWN GRAHAM: Thank you, Ms. Jones. Please answer any questions the Defense might have.
STACY JONES: Yes, sir.
ROBERT MADSEN: Can we have a quick break?
THE COURT: We're going to take a 10 minute break. You all step in the jury room and we'll have you back in here in about 10 minutes. (Whereupon, the jury was excused from open court for a break.)
(Whereupon, a short break was taken.)
SHAWN GRAHAM: Thank you, Your Honor. I was unable to find the passport on my direct examination of Ms. Jones. During the break I did. So the State will introduce the passport as State's 73. The passport of Tim Jones.
THE COURT: And at sidebar, it's admitted subject to prior objections and the chain was stipulated by the Defendant. (Whereupon, State's Exhibit number 73 was marked for identification and admitted into evidence.)
SHAWN GRAHAM: That's all I need. Thank you, Your Honor. (Whereupon, the jury came into open court at approximately 11:40 a.m.)
CROSS-EXAMINATION By Mr. Madsen:
ROBERT MADSEN: How are you doing this afternoon?
STACY JONES: Fine, thank you.
ROBERT MADSEN: So you started processing the vehicle at what time?
STACY JONES: I started my examination on September the 7th of 2014 at about 8:30 in the morning.
ROBERT MADSEN: And what time did you leave?
STACY JONES: Bear with me. The last item that I collected in the examination was item number 42 and it was labeled at 19:59.
ROBERT MADSEN: So I guess --
STACY JONES: Which would have been that afternoon -- which would be 8:00 o'clock.
ROBERT MADSEN: A little bit under 12 hours?
STACY JONES: Yeah. Just a couple minutes before 8:00 o'clock p.m. So a little over 12, between 12 and 13 hours.
ROBERT MADSEN: Of the stuff in the car, I think in the end did you put it in, did you say, 12 boxes?
STACY JONES: That's correct.
ROBERT MADSEN: And everything that you got out of the car went into those boxes, correct?
STACY JONES: Yes, sir. It did.
ROBERT MADSEN: There wasn't anything that you got out that you threw away?
STACY JONES: I don't recall if we discarded like the contents of trash bags. Like, for instance, if it was food wrappers and things like that. I don't, I honestly don't recall if we kept those or if those were included in those 12 boxes. If they were not in those 12 boxes, then they were not -- then it was likely that it was trash and discarded. But I can't tell you that with absolute certainty.
ROBERT MADSEN: And you took photographs of everything that you took out of that car?
STACY JONES: Yes, sir. We laid everything out on multiple white tables. Just laid everything out and photographed them in general.
ROBERT MADSEN: I'm going to show you what's been marked for ID as State's, (sic), 80 and State's, (sic), 81 and ask you if you recognize those.
STACY JONES: Yes, sir. I do. This is photographs of just the length of the table and the things that we sorted through and laid out. At this point we were working with items that came out of the vehicle. Not necessarily for forensic evidence but for investigative purposes as well, and that's what you're seeing as the organization of that stuff.
ROBERT MADSEN: We would move Defense 80 and 81 into evidence.
THE COURT: Those two pictures in?
ROBERT MADSEN: Yes, sir.
SHAWN GRAHAM: No objection, Your Honor.
THE COURT: 80 and 81, two photographs admitted without objection. (Whereupon, Defendant's Exhibit numbers 80 and 81 were admitted into evidence.)
ROBERT MADSEN: So, Ms. Jones, kind of looking at this. It appears -- let me see if I can figure it out. That appears, like in Defense Exhibit 80, that those are mainly paperwork and pictures?
STACY JONES: That's correct. We're just sorting things by what they are and laying them out for easier examination.
ROBERT MADSEN: And it looks like those are tables, I guess similar to that white table kind of stacked end on end?
STACY JONES: That's exactly what it is. Yes, sir.
ROBERT MADSEN: And that's some more paperwork, I guess, on those same tables?
STACY JONES: Yes, sir.
ROBERT MADSEN: Including the bottom down there. Are those, they appear to be like insurance cards?
STACY JONES: Yes, sir.
ROBERT MADSEN: Let me show you what's been marked for Defense ID 82 through 86 and ask if you recognize those.
STACY JONES: Yes, sir. These are photographs, again, that I took of additional items that are laid out on the table that we were sorting.
ROBERT MADSEN: Judge, we would move Defendant's 82 through 86 into evidence. I believe it's without objection.
SHAWN GRAHAM: No objection.
THE COURT: Without objection, 82, 83, 84, 85 and 86 in. (Whereupon, Defendant's Exhibit numbers 82 through 86 were admitted into evidence.)
ROBERT MADSEN: And these appear on this part to be photographs in --
STACY JONES: Yes, sir.
ROBERT MADSEN: -- Exhibit 82, kind of a little bit down from those papers?
STACY JONES: That's correct. These are just multiple photographs that were recovered from the vehicle and were just laid out for documentation.
ROBERT MADSEN: And that's what's on 83?
STACY JONES: Yes, sir.
ROBERT MADSEN: And then I think 84 kind of gets to the end of that table?
STACY JONES: Yes, sir. That's correct.
ROBERT MADSEN: I believe 85 is just a little bit closer shot?
STACY JONES: Yes, sir.
ROBERT MADSEN: And then I believe it looks like 86 is kind of working it's way back towards the front. Is that correct?
STACY JONES: That's correct, it is.
ROBERT MADSEN: And you actually took quite a number of photographs of the vehicle inside and out, correct?
STACY JONES: Yes, sir.
ROBERT MADSEN: I think, was it 300?
STACY JONES: 345, I think.
ROBERT MADSEN: And when you do that, you're not using a Polaroid, are you?
STACY JONES: No, sir.
ROBERT MADSEN: It's a digital camera?
STACY JONES: That's correct.
ROBERT MADSEN: And let me show you what's been marked for State's -- or, excuse me, Defendant's ID 79. That is a thumb drive. Have you had a chance to review that?
STACY JONES: I have, sir.
ROBERT MADSEN: And does that include all of the photographs that you took?
STACY JONES: Yes, sir. It does.
ROBERT MADSEN: And that fairly and accurately represents your documenting that scene?
STACY JONES: Yes, sir. That's correct.
ROBERT MADSEN: Judge, we would move Defense 79 for ID into evidence.
SHAWN GRAHAM: May we approach, Your Honor?
THE COURT: You may. (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
THE COURT: All right. 79's admitted subject to our sidebar discussion. (Whereupon, Defendant's Exhibit number 79 was admitted into evidence.)
ROBERT MADSEN: Ms. Jones, let me show you what's been marked as Defendant's Exhibit number 12 for ID purposes and ask you if you recognize that.
THE COURT: They cannot hear you, you walked over into that corner.
STACY JONES: Yes, sir. I do.
ROBERT MADSEN: That would have been all the items that you collected?
STACY JONES: That's correct.
ROBERT MADSEN: Judge we would move Defendant's Exhibit 12 in, I believe without objection.
THE COURT: 12 subject to our sidebar discussion?
SHAWN GRAHAM: Correct, Your Honor.
THE COURT: It's in. Defendant's 12 is in. (Whereupon, Defendant's Exhibit number 12 was admitted into evidence.)
ROBERT MADSEN: I'll show you what's been marked for Defendant's Exhibit 15 for ID purposes.
STACY JONES: Yes, sir. I'm familiar with this.
ROBERT MADSEN: And that appears to be a DSS safety plan?
STACY JONES: That's correct.
ROBERT MADSEN: Judge, we would move Defendant's 15 for ID into evidence, also, I believe, without objection.
THE COURT: 15 is in. (Whereupon, Defendant's Exhibit number 15 was admitted into evidence.)
ROBERT MADSEN: Let me show you what's been marked as Defendant's Exhibits 87 through 91 for ID purposes and ask you if you recognize those.
STACY JONES: Okay. Yes, sir. I do.
ROBERT MADSEN: Judge, we would move Defendant's 87 through 91 into evidence also.
SHAWN GRAHAM: No objection, Your Honor.
THE COURT: 87 through 91 are all admitted without objection, photographs. (Whereupon, Defendant's Exhibit numbers 87 through 91 were admitted into evidence.)
ROBERT MADSEN: So this is something that you would have taken a photograph when you got it out of the car?
STACY JONES: Yes, sir.
ROBERT MADSEN: And this appears to be a letter to Elias dated March 7th of 2014 and it's from his mother?
STACY JONES: Yes, sir.
ROBERT MADSEN: And Defendant's 88 appears to be similar letter but dated to Nahtahn from his mother?
STACY JONES: That's correct.
ROBERT MADSEN: I'm going to jump to Defendant's 91. That appears to be a letter that says "Dear Daddy, I'm sorry for causing this mess and not doing what I am supposed to do and want to be --
STACY JONES: -- awesome.
ROBERT MADSEN: -- awesome," thank you, "and a good sister. And I love you, Daddy, very much. And you, Daddy, are awesome." And that's something that you collected also?
STACY JONES: Yes, sir. And that's written in what appears to be a child's handwriting.
ROBERT MADSEN: And then Defense Exhibit 90 appears to be some type of, drawing, words?
STACY JONES: That's correct.
ROBERT MADSEN: And then Defendant's Exhibit 89 appears to be a letter to Merah from her mother. Is that correct?
STACY JONES: Yes, sir. It does.
ROBERT MADSEN: And you collected that also?
STACY JONES: I did.
ROBERT MADSEN: And all of those items, were they found together? Do you recall?
STACY JONES: I don't recall without searching through the notes.
ROBERT MADSEN: I'm going to show you a few, see if you recognize Defendant's Exhibit 93 for ID, 95, 92 and 94.
STACY JONES: Yes, sir. I do.
ROBERT MADSEN: And it appears that in this or each one of those is -- so there's four pictures. But it looks like it's two pieces of paper. One piece of paper that you took --
STACY JONES: That's correct.
ROBERT MADSEN: -- I guess, the photo up top and a photo --
STACY JONES: That's correct.
ROBERT MADSEN: -- at the bottom?
STACY JONES: Just so it can be --
ROBERT MADSEN: And so, the way they're numbered, I guess, 93 and 95 go together and 92 and 94 go together?
STACY JONES: They do, and you can tell that by the bottom of the one, of the word electricity matches up, as well as the overlap. And 94 being the top portion of 92.
ROBERT MADSEN: And, Judge, we would move Defense for ID 92 to 95 into evidence.
SHAWN GRAHAM: No objection subject to the sidebar, Your Honor.
THE COURT: Subject to the sidebar, 92, 93, 94, 95 are also in. (Whereupon, Defendant's Exhibit numbers 92 through 95 were admitted into evidence.)
ROBERT MADSEN: I'll show you 93 first. And I guess that's the top part of the paper?
STACY JONES: Yes, sir. It is.
ROBERT MADSEN: And it looks like down the side they're numbered 1 through 11 down to, I guess, 12 --
STACY JONES: Yes, sir.
ROBERT MADSEN: -- down at the bottom. And then 95 starts at kind of 13. So that's that bottom half of the page?
STACY JONES: Yes. That's the bottom of the previous photograph.
ROBERT MADSEN: And then, I guess, is 92 the top half of another page?
STACY JONES: Yeah. There's a layover, where you see where it starts payrolls there at the top. You see the payroll on the photograph below that one.
ROBERT MADSEN: And I'll show you Defendant's Exhibit 94. And the last two Defense Exhibits, those appear to be, I guess, financial plans, for lack of a better word?
STACY JONES: The writing on it. Yes, absolutely.
ROBERT MADSEN: And, in fact, I think that there's a date, 5/15 of '19?
STACY JONES: That's 19/19. Is that what it says? You'll have to forgive me. My glasses are over here.
ROBERT MADSEN: That looks like, line six, $1,000 a month until Merah is 13.
STACY JONES: Yes, sir. Yes, sir. And then in parenthesis it says day 5/15 -- I can't tell if that's an '18 or a '19.
ROBERT MADSEN: And that date, the 5/15 of '19, that was yesterday?
STACY JONES: Correct.
ROBERT MADSEN: And did you have, where their birth certificates, that's Merah's, that was Merah's birthday, correct?
STACY JONES: I don't recall off the top of my head. It's the ones that you handed, I just handed them back to you in the envelope.
ROBERT MADSEN: Let me show you Defense 77 for ID and see if you recognize that.
STACY JONES: Yes, sir. I do.
ROBERT MADSEN: We would move --
ROBERT MADSEN: What that is, what is that?
STACY JONES: It's a wine in color case that contains multiple cassettes, cassette tapes.
ROBERT MADSEN: What are the cassettes?
STACY JONES: The cassettes appear to be an ongoing series labeled A Godly Home, and they are with various different ministry. It says Charity Gospel Tape Ministry.
ROBERT MADSEN: Judge, we would move Defendant's 77 into evidence.
SHAWN GRAHAM: No objection, Your Honor.
THE COURT: 77 is in without objection and its contents will stay in there. (Whereupon, Defendant's Exhibit number 77 was admitted into evidence.)
ROBERT MADSEN: Just got, I want to publish just one of them.
THE COURT: I thought you meant you wanted to play it.
ROBERT MADSEN: No, no, no, no. No, no, no. Not right now.
THE COURT: All right.
ROBERT MADSEN: So this is, I guess, tape 6A out of that, and that appears to be a tape series by Danny Henson?
STACY JONES: Yes, sir.
ROBERT MADSEN: And that tape is entitled The Rod is Love?
STACY JONES: Yes, sir.
ROBERT MADSEN: And as you said, that's from Charity Ministries?
STACY JONES: Charity Gospel Tape Ministry.
SHAWN GRAHAM: No objection to any of that, Your Honor.
ROBERT MADSEN: Starting with Defense Exhibit 76 for ID, what is that? Do you recognize that?
STACY JONES: It is a cassette tape that's labeled the Smithton Outpouring Revival for a Heartland, and it contains a cassette tape that's labeled, What's Everybody Screaming About by Dr. Phil Kidd.
ROBERT MADSEN: And that's something you collected also?
STACY JONES: Yes, sir.
ROBERT MADSEN: I ask you to take a look at Defense number 55 for ID purposes and see if you recognize that.
STACY JONES: The -- if I may.
ROBERT MADSEN: Sure.
STACY JONES: These envelopes were made here in South Carolina, so the envelopes themselves are not --
ROBERT MADSEN: You would have just collected them and placed them in the box?
STACY JONES: What they're saying is in box 11 of 12.
ROBERT MADSEN: Box 11 of 12.
STACY JONES: That this was removed from that box.
ROBERT MADSEN: Yes, ma'am.
STACY JONES: And that would be my box. These are, this is the lanyard in my report that we talked about that had the Disney, I think, park pass maybe thing.
ROBERT MADSEN: Something you throw around your neck?
STACY JONES: Correct. And there's multiple movies, including Tinker Bell. The Best of Dr. Seuss, The Reef, Willie Wonka and the Chocolate Factory, and Tinker Bell. Another Tinker Bell.
ROBERT MADSEN: All children's movies?
STACY JONES: Yes, sir. But all children's movies.
ROBERT MADSEN: And I'm going to show you Defense for ID 57. Do you recognize that?
STACY JONES: This is another lanyard with the same type Disney -- Disney park, Walt Disney World.
ROBERT MADSEN: I think the other one was like a Minnie Mouse as compared to --
STACY JONES: To Mickey Mouse. That's correct. That's correct.
ROBERT MADSEN: And that's something you also collected?
STACY JONES: Yes, sir. And this was removed from box 12 of 12.
ROBERT MADSEN: I'll show you again and see if you recognize Defense 59 for ID.
STACY JONES: Yes, sir. These are diplomas of --
ROBERT MADSEN: They just all appear to be educational related?
STACY JONES: That's correct.
ROBERT MADSEN: From Mississippi State. Is that correct?
STACY JONES: Uh-huh, yes. Yes, sir. And these were also removed from the vehicle.
ROBERT MADSEN: I'll show you Defense Exhibit 8 for ID.
STACY JONES: Okay. Yes, sir.
ROBERT MADSEN: And you recognize that?
STACY JONES: It was removed from box 6 of 12, and it's a --
ROBERT MADSEN: And what is that?
STACY JONES: It's a marriage certificate.
ROBERT MADSEN: Of who?
STACY JONES: It says Tom, Thomas Jones and Christy Sutton, well, Amber Marie McCauley, I apologize.
ROBERT MADSEN: I think that was the, Christy Sutton is the witness.
STACY JONES: Thank you. Yes, that's right. It says Timothy Ray Jones, Jr. of Elmhurst, Illinois, and Amber Maria McCauley of Elmhurst, Illinois.
ROBERT MADSEN: And that's something you collected from the vehicle?
STACY JONES: Yes, sir.
ROBERT MADSEN: And if you'd take a look at Defense -- I think, is that 56?
STACY JONES: 56 for ID. Yes, sir. It is.
ROBERT MADSEN: And those are all items that you took out of the vehicle?
STACY JONES: They're all items that we read on my report, including the checkbooks and miscellaneous letters.
ROBERT MADSEN: Judge, I would move, to move Defense 55 through 59 and 76 into evidence.
THE COURT: And there's --
SHAWN GRAHAM: No objection.
THE COURT: No objection to that. So it's 76, 55, 56, 57, 58, 59 all are in without objection. (Whereupon, Defendant's Exhibit numbers 55 through 59 and 76 were admitted into evidence.)
ROBERT MADSEN: And out of, 57, I guess, that is the lanyard you were talking about?
STACY JONES: The lanyard with the Minnie Mouse park card.
ROBERT MADSEN: And 57 is the one with the lanyard with the --
STACY JONES: -- with the Minnie Mouse for Walt Disney World.
ROBERT MADSEN: 58 is the marriage certificate that you mentioned?
STACY JONES: Yes, sir.
ROBERT MADSEN: And it's, the names are on top?
STACY JONES: Yes, sir.
ROBERT MADSEN: And then you had mentioned Christy Sutton --
STACY JONES: I read the witnesses, yeah, that was the signature.
ROBERT MADSEN: Can you read the name on the--
STACY JONES: -- that looks about right.
ROBERT MADSEN: And that looks like it was, Illinois?
STACY JONES: Yes, sir.
ROBERT MADSEN: I think as you said, 59 was just some documents from -- you indicated from Mississippi State?
STACY JONES: Yes, sir. Educational documents.
ROBERT MADSEN: And then Defense 56, I guess, a variety of checkbooks?
STACY JONES: Yes, sir.
ROBERT MADSEN: It looks like they haven't -- most of them haven't been used?
STACY JONES: Yes, sir.
ROBERT MADSEN: And here's a child's drawing?
STACY JONES: Yes, sir.
ROBERT MADSEN: This is another child's drawing with a sticker on the bottom of it?
STACY JONES: Yes, sir.
ROBERT MADSEN: And then a check to Timothy Jones. It appears to be from Amber Jones dated 2/8 of 2013 for $250?
STACY JONES: Yes, sir.
ROBERT MADSEN: I don't think that we have it here, but you also got some fireworks, I guess, out of the vehicle?
STACY JONES: Yes, sir. There's fireworks listed in my report.
ROBERT MADSEN: Like sparklers, bottle rockets, things along those natures?
STACY JONES: I don't recall--
ROBERT MADSEN: -- nothing gigantic?
STACY JONES: No, sir. No, sir. I just have them labeled as fireworks.
THE COURT: Mr. Madsen, how much more time do you think you have?
ROBERT MADSEN: The rest of that table.
THE COURT: So it would be a good time for a lunch break while Mr. Graham goes through that at this time. All right. We're going to break for lunch. You all got plans, you all got rides. You all enjoy. Don't talk about the case. See you back shortly before 2:00. I'm giving you a lengthy lunch break so they can get some of this organized. (Whereupon, the jury was excused from open court for a lunch break.)
(Whereupon, a lunch break was taken.)
BOYD YOUNG: I want to mark this as a Court's exhibit. The Defense's preliminary instructions to the jury. I want to make this a part of the record. We had requested the ones we emailed out, you said I am not going to do that.
THE COURT: I remember I told you I wasn't going to do that.
BOYD YOUNG: And I said, I request to do this. (Whereupon, Court's Exhibit number 83 was marked for identification only.)
THE COURT: Bring the jury in. (Whereupon, the jury came into open court at approximately 2:42 p.m.)
THE COURT: I am not sure what time you all got back, but it was a little delayed. They're doing some organizing and some of Joy's paperwork. We're trying to organize it for you. So my apologizes for holding you all up. So are we ready to continue on?
STACY JONES: Yes, sir.
THE COURT: Ms. Jones is still on the stand and Mr. Madsen should still be with her. CONTINUE CROSS-EXAMINATION
ROBERT MADSEN: Ms. Jones, let me, I think you've already reviewed State's Exhibit 13 and 14 for ID and determined those came from the car?
STACY JONES: Yes, sir.
ROBERT MADSEN: Judge, I believe we're -- without objection, we're moving these into evidence.
SHAWN GRAHAM: That's correct, Your Honor.
THE COURT: It's 13 and 14?
ROBERT MADSEN: Yes, sir. (Whereupon, Defendant's Exhibit numbers 13 and 14 were admitted into evidence).
ROBERT MADSEN: Same thing for 16 through 42, marked for Defense for ID you've reviewed. These are items that you pulled out of the car, also?
STACY JONES: I have.
ROBERT MADSEN: Judge, we would move these into evidence, I believe, without objection.
THE COURT: Basically, we've kind of compartmentalized most of -- well, everything that came out of the truck, SUV?
ROBERT MADSEN: Yes, sir.
THE COURT: In the respective envelopes as to, perhaps, categories. (Whereupon, Defendant Exhibit numbers 16 through 42 were admitted into evidence).
ROBERT MADSEN: The same thing for Defense 44 through 48. These all came out of the car you reviewed and things are things that you collected?
STACY JONES: Yes, sir. They are.
ROBERT MADSEN: Judge, we would move Defendant's 44 for ID through 48 into evidence.
THE COURT: 44 --
ROBERT MADSEN: 44 through 48.
COURT REPORTER: Awhile ago, you did -- awhile ago, you did through 42. Okay.
THE COURT: Did you just go through 42 and you're missing 43?
COURT REPORTER: Yeah. That's what I was saying. We didn't have a 43.
ROBERT MADSEN: Yes, sir.
THE COURT: So 43 is the only number of that sequence from 13 --
ROBERT MADSEN: Yes, sir. I'm trying to keep them in sequence, but there were some other --
THE COURT: -- 16 through 48 with the exception of 43?
COURT REPORTER: I have 43. (Whereupon, Defendant's Exhibit numbers 43 through 48 were admitted into evidence).
ROBERT MADSEN: I'm going to show you Defense for ID 49 through 51. These are Bibles that you collected out of the vehicle?
STACY JONES: Yes, sir.
ROBERT MADSEN: Judge, we would move Defendant's 49 through 51 into evidence.
THE COURT: Without objection?
SHAWN GRAHAM: No objection, Your Honor.
THE COURT: No objection. (Whereupon, Defendant's Exhibit numbers 49 through 51 were admitted into evidence).
ROBERT MADSEN: And, Ms. Jones, Defendant's 49 appears to be a Bible?
STACY JONES: Yes, sir. That's correct.
ROBERT MADSEN: Are you familiar with that symbol there? What that is of?
STACY JONES: If I'm not -- is that a Gideon Bible?
ROBERT MADSEN: I think it's -- is it Masonic?
STACY JONES: Is it Masonic? I'm not, I'm not familiar with that. My apologies.
ROBERT MADSEN: On the front of it, it looks like it comes from the Sinclair Lodge. Is that correct?
STACY JONES: Yes, sir.
ROBERT MADSEN: This is Defendant's 50. This appears to be a Bible to Nahtahn Jones. Is that correct?
STACY JONES: That's correct.
ROBERT MADSEN: And Defendant's 51 appears to be another Bible to Merah Jones?
STACY JONES: Correct.
ROBERT MADSEN: And these are Bibles that you collected out of the vehicle?
STACY JONES: Yes, sir. They are.
ROBERT MADSEN: Let me show you Defense for ID 73 and 74. Those are items you collected out of the vehicle, also?
STACY JONES: Yes, sir.
ROBERT MADSEN: Judge, we would move Defense 73 and 74 into evidence, I believe, without objection.
SHAWN GRAHAM: No objection.
THE COURT: No objection. 73 and 74 is entered. Also, additional the scrap booking of another Bible. Is that right?
COURT REPORTER: That's right. Yes, sir. A baby book and Bible. (Whereupon, Defendant's Exhibit numbers 73 and 74 were admitted into evidence).
ROBERT MADSEN: Ms. Jones, Defense 73 appears to be a baby book. Is that correct?
STACY JONES: Yes, sir. It's a book and on the front it says, "A Baby is a Treasure".
ROBERT MADSEN: And does it -- it indicates on there the name of the baby? Where it says, "We named the baby". Do you see that?
STACY JONES: Is it Timothy Ray Jones?
ROBERT MADSEN: Yes, ma'am. And Defense 74 appears to be another Bible?
STACY JONES: Correct.
ROBERT MADSEN: And you also collected Defense for ID 52, 53 and 54. Is that correct?
STACY JONES: Yes, sir. We did.
ROBERT MADSEN: Judge, we would move these items into evidence, also.
SHAWN GRAHAM: No objection, Your Honor.
THE COURT: 52, 53 and 54 admitted without objection. (Whereupon, Defendant's Exhibit numbers 52 through 54, were admitted into evidence).
ROBERT MADSEN: Let me show you what's been marked for ID Defense 60, 61 and 62. Again, these are items you took out of the --
STACY JONES: Yes, sir. They are.
ROBERT MADSEN: Judge, we would move Defense 60, 61 and 62 into evidence.
THE COURT: 60, 61 and 62.
SHAWN GRAHAM: No objection, Your Honor.
THE COURT: No objection. (Whereupon, Defendant's Exhibit number 60 through 62, were admitted into evidence).
ROBERT MADSEN: In the front of this appears to be a Constitution and Code of the Grand Lodge AFM, 275th anniversary. Is that correct?
STACY JONES: Yes, sir.
ROBERT MADSEN: And Defense 62 appears to be another Bible?
STACY JONES: Yes, sir.
ROBERT MADSEN: It looks like this one is to Eli Jones. Is that correct?
STACY JONES: Yes, sir. It is.
ROBERT MADSEN: I think you have reviewed everything on this table here.
STACY JONES: That's correct. I have.
ROBERT MADSEN: And this is Defense for ID 63. Judge, we would move everything on the table into one as Defense 63.
SHAWN GRAHAM: No objection, Your Honor.
THE COURT: So tabletop, would be put into box number 63 and admitted without objection altogether for the convenience of the courthouse.
ROBERT MADSEN: Yes, sir. (Whereupon, Defendant's Exhibit number 63 was admitted into evidence).
ROBERT MADSEN: And I'm going to show you Defense 64 through 72. All of these items were collected by you, also?
STACY JONES: Yes, sir.
ROBERT MADSEN: Judge, we would move Defendant's 64 through 72 into evidence. I believe it is without objection.
SHAWN GRAHAM: That's correct, Your Honor.
THE COURT: All without objection. (Whereupon, Defendant's Exhibit numbers 64 through 72 and 72A were admitted into evidence).
ROBERT MADSEN: And Defendant's 64. It appears to be military discharge paperwork?
STACY JONES: That is correct.
ROBERT MADSEN: Defendant's 66. It appears to be a South Carolina --
STACY JONES: It's a pamphlet labeled, "South Carolina Department of Social Services".
ROBERT MADSEN: And in Defendant's 72, it appears to be a variety of school pictures?
STACY JONES: That's correct. Packages of pictures taken at school.
ROBERT MADSEN: And these school photos were photos that you --
STACY JONES: Yes.
ROBERT MADSEN: -- pulled out of that Cadillac Escalade?
STACY JONES: Yes, sir. They are.
ROBERT MADSEN: I believe Defense for ID 75 was a diploma that you -- from Mississippi State?
STACY JONES: Yes, sir. That's correct.
ROBERT MADSEN: Judge, we would move Defendant's 75 into evidence.
THE COURT: Any objection to the diploma?
SHAWN GRAHAM: No, Your Honor. (Whereupon, Defendant's Exhibit number 75 was admitted into evidence).
ROBERT MADSEN: And 78 was some medicine --
STACY JONES: Yes.
ROBERT MADSEN: -- that you had retrieved, also?
STACY JONES: That's correct.
ROBERT MADSEN: Judge, we would move Defendant's 78 into evidence.
THE COURT: Without objection?
SHAWN GRAHAM: No objection, Your Honor. (Whereupon, Defendant's Exhibit number 78 was admitted into evidence).
ROBERT MADSEN: And, Ms. Jones, your understanding was -- you got there and started, I think you said, at 8:30 on the 7th. So that car had been there about 12 hours?
STACY JONES: I received a call about the vehicle at eight minutes after 9:00 the night before.
ROBERT MADSEN: So a little bit under -- well, yeah. A little bit under 12 hours --
STACY JONES: Yes.
ROBERT MADSEN: -- is that correct?
STACY JONES: Uh-huh.
ROBERT MADSEN: And when you got there the windows were down?
STACY JONES: At my -- at my instructions. Yes.
ROBERT MADSEN: And had -- so, apparently, been down almost 12 hours?
STACY JONES: Yes.
ROBERT MADSEN: And the smell was still -- as such, you said it was burning your nostrils?
STACY JONES: Absolutely.
ROBERT MADSEN: Is it fair to say it's the worst thing you've ever smelled or the strongest?
STACY JONES: It was strong.
ROBERT MADSEN: That's all the questions I have.
REDIRECT EXAMINATION By Mr. Graham:
ROBERT MADSEN: Ms. Jones, I'm going to show to you Defendant's Exhibit 54.
STACY JONES: Yes, sir.
ROBERT MADSEN: And that was an item that you said that came out of the car?
STACY JONES: Yes, sir.
ROBERT MADSEN: Could you cut that open and publish to the jury what's inside, please? Just open any of the envelopes that you need to.
STACY JONES: These are Unites States savings bonds. There is an unopened envelope of a savings bond issued to Merah Jones. It is a savings bond in the amount of 50 -- $50. It was issued June 22nd of 2010. There was also an unopened envelope of a savings bond issued to Nahtahn Jones in the amount of $50 on the same day, June 22nd of 2010. There is a $50 savings bond to Elias Jones same day, June 22nd of 2010. There is a $100 savings bond to Elias Jones from January the 7th of 2010. There is a $100 savings bond issued to Elias Jones, again, on January the 7th of 2010. There is a $100 savings bond to Merah Jones on January the 7th of 2010. Another one to Merah Jones on January the 7th of 2010. A $100 savings bond to Nahtahn Jones, January the 7th of 2010. A $50 savings bond to Nahtahn Jones on April the 10th of 2009 and a $50 savings bond to Nahtahn Jones on April the 10th of 2009.
ROBERT MADSEN: And all those items were found in Mr. Jones' vehicle when you processed it?
STACY JONES: Correct.
ROBERT MADSEN: Defendant's Exhibit 81. That was one of the photographs that you put in earlier that had a lot of things put on the table when you began sorting documents. Is that correct?
STACY JONES: Yes, sir. That's correct.
ROBERT MADSEN: Let me show you what's been marked -- it has not been marked yet. (Whereupon, State's Exhibit number 132 was marked for identification only.)
ROBERT MADSEN: Let me show you State's Exhibit 132 and ask if you recognize that document as being one of the ones in the photo that you took from the car.
STACY JONES: Yes. It is.
SHAWN GRAHAM: Your Honor, the State would offer 132 into evidence.
ROBERT MADSEN: No objection.
THE COURT: No objection. 132 is in, except the preliminary.
ROBERT MADSEN: Yes, sir. (Whereupon, State's Exhibit number 132 was admitted into evidence).
ROBERT MADSEN: Are you able to read that, Ms. Jones?
STACY JONES: Yes.
ROBERT MADSEN: Starting in the handwritten -- well, start over here. What's the date that's showing up?
STACY JONES: It's a sales flier for August the 20th to September the 2nd, Wednesday through Tuesday.
ROBERT MADSEN: Starting with the handwritten notes in the upper left-hand corner, for what you are able to, would you please read that?
STACY JONES: It reads -- I believe that says, "Needs", and it's underlined, and it says, "cash", and I'm not one-hundred percent sure. "SPP". I'm not one-hundred percent sure about that one. There's number one and it says, "3,500", and there's, and "Wednesday". There's a question mark. "401K". And then number two has, "6,000K", written with three question marks. Number three is written, "clothes", and a slash, "papers". I believe that's what that says. And then there's a scribble and four. I can't make that out, out beside I think it says, "garbage". It looks like, "Eight socks --", oh, I think that's, "Four pants, eight socks, underwear, two shorts". I'm not sure about that one, "10 shirts". I'm not one-hundred percent sure what that says. "Electronics", maybe. I'm not sure.
ROBERT MADSEN: Moving over to the middle. What does that say?
STACY JONES: The second portion of writing is a list, again. It says, "Camping supplies". It says, "gas and jug", then the initials that I think stands for muriatic acid. It says, "Tent, charcoal, steaks, grill", I'm not one-hundred percent sure what that says. And I'm not sure I can make that out.
SHAWN GRAHAM: Thank you, Ms. Jones.
THE COURT: You may step down.
STACY JONES: Thank you, Your Honor.
SHAWN GRAHAM: The State calls Eric Johnson to the stand.