14.Brittany Burke Pickle — Direct (Part 2)
63 linesSHAWN GRAHAM: Ms. Burke, looking at State's number 161, can you explain to the jury what this is?
BRITTANY BURKE PICKLE: This a list of what victim number 1, Elias Jones, was recovered in. And it says he was recovered in three garbage type plastic bags and clothed in a gray short-sleeved Power of One Saxe Gotha Elementary tee shirt, blue shorts and white underwear.
SHAWN GRAHAM: I show -- when we see victim number 1 that would correspond to the 1 in the photo where the bodies were recovered?
BRITTANY BURKE PICKLE: That is correct.
SHAWN GRAHAM: State's 162.
BRITTANY BURKE PICKLE: The victim that was in bag labeled number 2, Merah Jones, recovered in four black garbage type plastic bags with yellow drawstrings. The victim was not wearing any clothing. And the victim was wrapped in a blue sleeping bag with assorted balls pictured on it.
SHAWN GRAHAM: State's 163.
BRITTANY BURKE PICKLE: Victim that was located in bag number 3, this is Gabriel Jones, recovered in three black plastic bags, garbage type bags, with yellow drawstrings, clothed in one pair of patterned underwear. The victim was also wrapped in one Disney Pixar Cars 2 comforter and a pink Hello Kitty bed sheet. The following items were also located in the black garbage type plastic bags along with the victim. One silver Bob's shoe, one pair of underwear with purple trim, one pink Hello Kitty diary or journal, one adult-size large tee shirt that read Three Fountains Chiropractic, and one diaper.
SHAWN GRAHAM: State's 164.
BRITTANY BURKE PICKLE: The victim that was in bag labeled number 4 was Abigail Jones. This victim was recovered in two black garbage type plastic bags with yellow drawstrings and wearing only a diaper. The victim was wrapped in two blue -- blue and multicolored Disney Pixar Cars 2 sheets. One was a flat sheet and one was the fitted sheet.
SHAWN GRAHAM: State's 165.
BRITTANY BURKE PICKLE: Victim number 5 was Nahtahn Jones. He was recovered in two black garbage type plastic bags with yellow drawstrings. Again, this victim was not wearing any clothing and was wrapped -- this victim was wrapped in a Ninja Turtles comforter.
SHAWN GRAHAM: In addition to attending a crime scene in Alabama where the bodies were recovered and the autopsy of the children in Newberry, did you also accept the evidence that was collected by Stacy Jones from the inside of the vehicle?
BRITTANY BURKE PICKLE: Yes. Most of the evidence that had not been sent elsewhere for processing, some of the electronic evidence was not sent directly to me, but the rest of the evidence that she collected from the vehicle was sent to me.
SHAWN GRAHAM: And that evidence was sealed up and actually opened in your presence and you inventoried it, correct?
BRITTANY BURKE PICKLE: Correct.
SHAWN GRAHAM: Looking at State's 65 that's already in evidence. Do you recognize that as a Dollar General receipt?
BRITTANY BURKE PICKLE: Yes, I do.
SHAWN GRAHAM: And that was one of the items that was taken from the vehicle?
BRITTANY BURKE PICKLE: Correct.
SHAWN GRAHAM: And let me show you -- what has not been marked yet. My bad. I ask if you recognize that bag and its contents and how so?
BRITTANY BURKE PICKLE: Yes, I do.
SHAWN GRAHAM: What do you recognize the contents of that being?
BRITTANY BURKE PICKLE: This bag contains a box of plastic garbage type bags with yellow drawstrings that were taken from the vehicle that was processed by Stacy Jones.
SHAWN GRAHAM: Can you --
SHAWN GRAHAM: Your Honor, the State would move 167 into evidence.
BOYD YOUNG: Subject to our previous objection.
THE COURT: Subject to previous objection it'll be admitted. (Whereupon, State's Exhibit number 167 was admitted into evidence.)
SHAWN GRAHAM: Can you open the bag and show the jury the contents of that, please.
BRITTANY BURKE PICKLE: I can. There is a role of trash bags with the yellow drawstrings, as well as the box that the role of trash bags came out of.
SHAWN GRAHAM: And the brand of the trash bags is what?
BRITTANY BURKE PICKLE: Dollar General.
SHAWN GRAHAM: And if you could -- let me see the bottom of it.
BRITTANY BURKE PICKLE: Here.
SHAWN GRAHAM: So do you see the SKU number underneath the bar code?
BRITTANY BURKE PICKLE: I do.
SHAWN GRAHAM: And can you compare that to the bar code on the receipt on State's 65.
SHAWN GRAHAM: And do they appear to be the same?
BRITTANY BURKE PICKLE: They do.
SHAWN GRAHAM: One more item. In addition, one of the items that you received were the three black belts --
BRITTANY BURKE PICKLE: That is correct.
SHAWN GRAHAM: -- that came from the vehicle. And one of those belts had a broken buckle. Is that correct?
BRITTANY BURKE PICKLE: Correct.
SHAWN GRAHAM: Let me show you this item, again which has not been marked, and ask if you recognize it.
BRITTANY BURKE PICKLE: Yes, I do.
SHAWN GRAHAM: And is that the item that came in the sealed box from the Cadillac Escalade that was collected in Alabama by Stacy Jones?
BRITTANY BURKE PICKLE: Yes. This belt, as well as two others, came from the box. And I packaged them together in a separate packaging out of that box.
SHAWN GRAHAM: Your Honor, the State would offer this into evidence at this time.
THE COURT: Would that be 168?
COURT REPORTER: Yes, sir.
THE COURT: Any objection?
BOYD YOUNG: Subject to previous objection. (Whereupon, State's Exhibit number 168 was admitted into evidence.)
SHAWN GRAHAM: Thank you, Ms. Burke. Please answer any questions the Defense as for you.
BRITTANY BURKE PICKLE: Thank you.
BOYD YOUNG: No questions.
THE COURT: No questions. You may step down.
BRITTANY BURKE PICKLE: Thank you. (Whereupon, the witness stepped down from the witness stand.)
THE COURT: All right. I think this is a good place to stop for the day. We got a lot done today. Remember, don't discuss the case, don't do any independent research. Please stay away from perusing any media. What you need to decide this case you all are getting here firsthand. See you back Monday, same time. We're trying to start about 9:00. All right. Enjoy your weekend. Leave your notebooks and stuff here. Don't talk to anybody in the case, and I'll review that first thing Monday morning. (Whereupon, the jury was excused from open court for the day.)
THE COURT: Folks, we have been cooperative with the media and everything that has been shown to the jury the media has been able to have. Is there any objection to the media having a copy of that photograph that was shown just directly to the jury by either side, understanding its nature. I have not looked at it but the jury has been shown and we have been consistent with that.
RICK HUBBARD: It is in the Court's discretion.
BOYD YOUNG: No.
THE COURT: I am going to let the media do it and use their discretion and tell them to use it, very, very discreet discretion. So we will do that. See y'all Monday. (Whereupon, the trial will resume the following Monday at 9:00 a.m.)