10.David Mackey — In-Camera Testimony (Part 1)
27 linesDAVID MACKEY, being first duly sworn, testified as follows:
DAVID MACKEY: David Mackey, M-A-C-K-E-Y. DIRECT EXAMINATION (IN-CAMERA TESTIMONY)
By Mr. Young:
BOYD YOUNG: Special Agent Mackey, just cutting to the chase. You interviewed Mr. Jones on the 8th?
DAVID MACKEY: That's correct.
BOYD YOUNG: And at the time that you interviewed Mr. Jones you were not aware that he had invoked his Fifth Amendment rights on the 6th?
DAVID MACKEY: That's correct.
BOYD YOUNG: And you were not aware that he had invoked his or refused to consent to biological draw on the 7th?
DAVID MACKEY: That's correct.
THE COURT: That would be allowed.
BOYD YOUNG: Okay.
THE COURT: That question is allowed. He can ask about the consent to give the sample of blood and hair because he said no and then they got a search warrant. That was allowed.
RICK HUBBARD: Got a search warrant. As long as it is, yes. We just didn't hold him down and take it.
BOYD YOUNG: Those are the questions. I understand the Court's ruling as to the 6th would not be allowed and we would object.
THE COURT: Okay. But you can ask the question about the samples for blood and hair.
BOYD YOUNG: Okay.
THE COURT: That question was allowed to be asked in Johnson.
BOYD YOUNG: Yes, sir.
THE COURT: Okay. And so my ruling is consistent. Don't ask about the invocation of rights from the 6th.
BOYD YOUNG: Okay.
THE COURT: Are you going to object if the Solicitor asked, you were aware he was interviewed the day before and he waived his rights?
BOYD YOUNG: No.
THE COURT: Okay, fair enough. Good enough. You go sit back down and we will get you back up here.
DAVID MACKEY: Yes, sir.
THE COURT: Bring the jury in. (Whereupon, the jury came into open court at approximately 1:40 p.m.)
THE COURT: We mismarked State's exhibits earlier, the two aerial photographs which were identified and talked to about with the Sheriff. They had been marked properly as 146 and 147. The other two, 103 and 104 actually were photographs, part of the big packet from Stacy Jones. This is the two photographs, now 146 and 147 of the Sheriff from Smith County. (Whereupon, State's Exhibit 146 and 147 were admitted into evidence.)
RICK HUBBARD: Okay. Thank you, Your Honor. The State calls Agent Dave Mackey.