10.Amber Kyzer — Direct (Part 1)
348 linesAMBER KYZER, being first duly sworn, testified as follows:
COURT CLERK: Have a seat right here near me. Once you're seated, state your full name, spelling your last, please.
AMBER KYZER: Amber Kyzer, K-Y-Z-E-R.
DIRECT EXAMINATION By Ms. Mayes:
SUZANNE MAYES: Pull that just a little bit closer to you. Good afternoon, Ms. Kyzer.
AMBER KYZER: Good afternoon.
SUZANNE MAYES: In what county do you currently reside?
AMBER KYZER: West Columbia, Lexington County.
SUZANNE MAYES: Ms. Kyzer, how is it you know the victims in this case; Merah, Elias, Nahtahn, Abigail and Gabriel?
AMBER KYZER: They are my children.
SUZANNE MAYES: How is it you know the Defendant in this case, Timothy Jones, Jr.?
AMBER KYZER: He is my ex-husband of nine years.
SUZANNE MAYES: Have you been in this courtroom until this moment?
AMBER KYZER: No.
SUZANNE MAYES: Why is that?
AMBER KYZER: I can't handle it. I can't handle it.
SUZANNE MAYES: What were the dates of birth for each of your children? And I'm going to hand up to you some documents which are already in evidence. Beginning with Defense Exhibit 58. State's Exhibits 103, 104, 105, 106 and 107, and I want to start by asking you a few questions about these documents. Ms. Kyzer, when were you and Timothy Jones, Jr. married?
AMBER KYZER: June 29th of 2004.
SUZANNE MAYES: And in what State were you married in?
AMBER KYZER: Chicago, Illinois.
SUZANNE MAYES: Regarding your children, what were the dates of birth for each of your children and in what State were they born?
AMBER KYZER: Sorry. I'm sorry. Merah Gracie, born in Pennsylvania, 5/15/2006. Elias Xavier, born in Mississippi, 4/22/07. Sorry. Nahthan Hehseyd, born 4/11/2008, born in Mississippi. Gabriel Asher, born here in South Carolina -- oh, God, 12/5/2011. And my daughter Abigail Elizabeth, born here in South Carolina, 12/12/12.
SUZANNE MAYES: 12/12?
AMBER KYZER: Yes.
SUZANNE MAYES: Ms. Kyzer, when you first lived here as a family in Lexington County, where did you live?
AMBER KYZER: We lived in Leesville-Batesburg.
SUZANNE MAYES: Leesville-Batesburg here?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: And what was the address?
AMBER KYZER: Russell Rowe Road.
SUZANNE MAYES: Approximately what year was it that your family relocated here to South Carolina?
AMBER KYZER: I believe it was around July of 2011.
SUZANNE MAYES: What is it that brought your family, your children, your husband at that time to South Carolina?
AMBER KYZER: Intel. A work that -- a job that had been offered to my then husband.
SUZANNE MAYES: It was a job opportunity at Intel?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: And who would stay home with the children during the day as your husband worked at Intel?
AMBER KYZER: I did.
SUZANNE MAYES: While living here in Lexington County, were any of your children born here?
AMBER KYZER: Yes.
SUZANNE MAYES: Which child was that?
AMBER KYZER: I'm sorry.
SUZANNE MAYES: Which child was that?
AMBER KYZER: Born here? S.K. .
SUZANNE MAYES: I'm going to ask a little bit more about that.
AMBER KYZER: Yes.
SUZANNE MAYES: Do you have a daughter today?
AMBER KYZER: I do.
SUZANNE MAYES: What is her name?
AMBER KYZER: S.K. .
SUZANNE MAYES: And what is her date of birth?
AMBER KYZER: Oh, God. She's .
SUZANNE MAYES: Who is her father?
AMBER KYZER: Shawn Kyzer.
SUZANNE MAYES: Are you remarried?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: Amber, I'd like to start by asking you a little bit about your background with Timothy Jones. What State were you brought up?
AMBER KYZER: Pennsylvania.
SUZANNE MAYES: And ultimately how is it that you met the Defendant, Timothy Jones?
AMBER KYZER: I moved out to Chicago where my mother was.
SUZANNE MAYES: And while living in Chicago, about how old were you when you met the Defendant?
AMBER KYZER: Nineteen.
SUZANNE MAYES: Where was it that the two of you met?
AMBER KYZER: It was a workplace called Enchanted Castle.
SUZANNE MAYES: The Enchanted Castle. Tell us a little bit about that place.
AMBER KYZER: It's a children's facility, kind of like a Chuck E. Cheese, if you will.
SUZANNE MAYES: And what did you do there at the Enchanted Castle?
AMBER KYZER: I ran the redemption desk.
SUZANNE MAYES: And what about Timothy Jones?
AMBER KYZER: I believe he did the same.
SUZANNE MAYES: How long did the two of you date after meeting at the Enchanted Castle?
AMBER KYZER: Six weeks.
SUZANNE MAYES: You were married after six weeks?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: Early in your relationship did you attend church together?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: Explain how that came about.
AMBER KYZER: When I met Tim he was already involved in the church. I was not. I was working three jobs. I thought, wow, this guy has it together. He was going to school part-time, working part-time and had church under the belt. I started going with him to the services, and we found a church family together.
SUZANNE MAYES: I want to ask a little bit more about that. You said you dated six weeks before marriage.
AMBER KYZER: Yes.
SUZANNE MAYES: What was it that encouraged you to marry Timothy Jones after just six weeks of dating?
AMBER KYZER: In the church that we were attending, I guess you could say didn't believe in long dating periods. They felt like it was too -- too enticing to be around each other and not be married. So in retrospect we decided to get married. He was already -- he was already speaking in the church and they thought that it was more appropriate to get married.
SUZANNE MAYES: And you mentioned that he had a job and was attending school. Where was he attending school back then when the two of you first met.
AMBER KYZER: College of DuPage.
SUZANNE MAYES: DuPage, and that's in Illinois?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: What was his undergraduate degree? What kind of degree was he pursuing at that time?
AMBER KYZER: I believe he was going for pediatric doctor, something along those lines. I don't know the specific word for it.
SUZANNE MAYES: So he spoke with you about that as far as when the two of you first met?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: That he wanted to be a doctor?
AMBER KYZER: Yes.
SUZANNE MAYES: What else attracted you to him?
AMBER KYZER: Tim was very goal oriented. I'm sorry.
SUZANNE MAYES: You mentioned that you attended church --
AMBER KYZER: Very smart. Very smart man, and everything that he had set out to do as a goal he accomplished and I found that very honorable. That's one of the main things that attracted me to him.
SUZANNE MAYES: And you were how old when the two of you were married?
AMBER KYZER: I was nineteen.
SUZANNE MAYES: And, Amber, you yourself at that point in time, did you have a college degree?
AMBER KYZER: No, ma'am. I didn't.
SUZANNE MAYES: Were you attending college?
AMBER KYZER: No, ma'am. I was not.
SUZANNE MAYES: Had you attained a high school diploma at that stage in your life?
AMBER KYZER: No, ma'am.
SUZANNE MAYES: So you mentioned that the two of you started attending a church together early in your marriage. How would you describe his church? Do you know what branch of church this was?
AMBER KYZER: It was an Apostolic church, also known as Pentecostal.
SUZANNE MAYES: And this is in Illinois?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: What, if any, restrictions did the church -- that church that the two of you originally attended have in place for females?
AMBER KYZER: Women generally were not allowed to cut or trim their hair, no pants, no makeup, no jewelry. The more -- they underlined modesty for women to a T.
SUZANNE MAYES: And what, if anything, did Tim say about these restrictions for women?
AMBER KYZER: It was just -- it was a woman's -- Tim's motto was women are supposed to be fruitful and multiply. A woman is supposed to listen to her husband.
SUZANNE MAYES: Did the majority of the females within the church follow these restrictions based on your observations?
AMBER KYZER: Yes.
SUZANNE MAYES: Did you also begin to follow these restrictions?
AMBER KYZER: Yes, I did.
SUZANNE MAYES: Eventually did the two of you find a place of your own after you were married and he was attending DuPage College?
AMBER KYZER: We did.
SUZANNE MAYES: And after DuPage College where did he next attend school?
AMBER KYZER: After College of DuPage, we would have moved down to Mississippi and he would have attended Itawamba Community College next.
SUZANNE MAYES: So Itawamba is a College in Mississippi?
AMBER KYZER: Yes.
SUZANNE MAYES: And what type of degree was he pursuing at this stage?
AMBER KYZER: I can't recall at that -- at this time. I can't recall.
SUZANNE MAYES: Approximately how long was he at Itawamba?
AMBER KYZER: I can't even -- I can't recall that either.
SUZANNE MAYES: From there where did he next attend college?
AMBER KYZER: MSU, Mississippi State University.
SUZANNE MAYES: So when you say MSU you're referring to Mississippi State?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: While attending Mississippi State what was his undergraduate degree that he was pursuing?
AMBER KYZER: Computer science and engineering.
SUZANNE MAYES: Where did your family live while attending Mississippi State?
AMBER KYZER: We were living on -- on campus housing.
SUZANNE MAYES: So at this point in time, once you're living on campus housing, you're in Mississippi -- you're at Mississippi State College, how many of your children were born?
AMBER KYZER: Three.
SUZANNE MAYES: Merah, Elias and Nahtahn?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: They all lived there on campus while Tim was attending school?
AMBER KYZER: Yes.
SUZANNE MAYES: While attending Mississippi State, did the Defendant have the opportunity to travel overseas?
AMBER KYZER: Yes, he did.
SUZANNE MAYES: Where did he go?
AMBER KYZER: South Korea.
SUZANNE MAYES: And for what purpose?
AMBER KYZER: I believe it was just offered out by the school as an opportunity.
SUZANNE MAYES: It was a class trip?
AMBER KYZER: Yes.
SUZANNE MAYES: Related to Mississippi State?
AMBER KYZER: Yes.
SUZANNE MAYES: Now, after his graduation from Mississippi State where did your family go to live at?
AMBER KYZER: We moved down here directly, I believe, yes.
SUZANNE MAYES: So immediately upon his graduation from Mississippi State --
AMBER KYZER: Yes.
SUZANNE MAYES: -- he got the job at Intel?
AMBER KYZER: He did.
SUZANNE MAYES: And your family relocated here in Lexington County?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: I believe your previous testimony was you were living in the Leesville --
AMBER KYZER: Leesville-Batesburg, yes. I'm sorry.
SUZANNE MAYES: Where did you -- or what type of housing did you have when you first moved here as a family when he initially got that job at Intel?
AMBER KYZER: It was a rundown trailer. It needed a lot of work done to it.
SUZANNE MAYES: How many children were born at this stage?
AMBER KYZER: Well, I was pregnant with Gabriel at the time, so still had the three.
SUZANNE MAYES: And pregnant with Gabriel?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: Were you working at this stage of your marriage, Ms. Kyzer?
AMBER KYZER: Just as a mother.
SUZANNE MAYES: What do you mean by that?
AMBER KYZER: A mother has many, many jobs. So yes, I worked every day as a mother, as a provider, as his wife. I worked in my house every day, yes.
SUZANNE MAYES: And at that stage were any of the children actually in formal school?
AMBER KYZER: No.
SUZANNE MAYES: You were at home pretty much all day with all three of your older children?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: I think you may have mentioned before but what, if anything, did Tim say about your role in the marriage?
AMBER KYZER: Women were to be heard -- I'm sorry. Women are to be seen and not heard. I was merely to take care of the children, to keep them out of his way, and to do as he asked as my husband.
SUZANNE MAYES: Did he ever discuss with you how many children he wanted?
AMBER KYZER: At one point he wanted a farm full he said.
SUZANNE MAYES: And, Ms. Kyzer, under the circumstances you were facing at the time, were you able to make your marriage work?
AMBER KYZER: No.
SUZANNE MAYES: Ultimately you made the decision to leave your marriage?
AMBER KYZER: Yes, I did.
SUZANNE MAYES: During that time did you become involved with someone?
AMBER KYZER: Yes, I did.
SUZANNE MAYES: Who was that person?
AMBER KYZER: Shawn Kyzer.
SUZANNE MAYES: The person you're married to now?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: S.K. 's father?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: How long have the two of you been together?
AMBER KYZER: Eight years, married four.
SUZANNE MAYES: Who was the first to file for separation in your marriage with Timothy Jones?
AMBER KYZER: Tim.
SUZANNE MAYES: And approximately when did you become pregnant with your daughter, Abigail, your last child with Tim?
AMBER KYZER: March --
SUZANNE MAYES: 2012?
AMBER KYZER: -- of 2012, yeah.
SUZANNE MAYES: Was there a paternity test regarding Abigail?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: And who was determined to be Abigail's biological father?
AMBER KYZER: Tim.
SUZANNE MAYES: So after your separation from Timothy Jones where did you go to live?
AMBER KYZER: I went to live with a neighbor.
SUZANNE MAYES: And specifically that neighbor was who?
AMBER KYZER: Cathy Poole.
SUZANNE MAYES: Is she your mother-in-law?
AMBER KYZER: She is now, yes.
SUZANNE MAYES: Shawn's mother?
AMBER KYZER: Yes.
SUZANNE MAYES: And where did the Defendant, Timothy Jones, go live?
AMBER KYZER: I believe that he was either making trips back to Mississippi around his dad's or staying in hotels.
SUZANNE MAYES: Ultimately do you know whether or not he purchased a home in Red Bank, being the home at South Lake Drive?
AMBER KYZER: I wasn't aware of that at the time.
SUZANNE MAYES: Let's talk about the child custody agreement. What was the final order regarding child custody?
AMBER KYZER: I was not willing to give up my rights as their mother, so we came to an understanding, arrangement, that we had joint custody, him being the primary caregiver. I did not want him being the primary caregiver, if you will, but he was the better provider. He made the finances. I was just getting on my feet. I thought I was making the best decision I could as a mother.
SUZANNE MAYES: What do you mean when you say he was the best provider at that point?
AMBER KYZER: He had a steady job. He had a roof over his head. He had a vehicle.
SUZANNE MAYES: Did you have any of those things of your own then?
AMBER KYZER: I didn't.
SUZANNE MAYES: Did you have a degree?
AMBER KYZER: No.
SUZANNE MAYES: Or a job?
AMBER KYZER: No.
SUZANNE MAYES: Did you have any money to afford a lawyer in your divorce case?
AMBER KYZER: No.
SUZANNE MAYES: So this was joint custody?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: And he had the primary physical custody?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: Now, pursuant to that child custody agreement, what order was put in place regarding visitation with the children? Was that to be supervised or unsupervised on your part?
AMBER KYZER: I think, to satisfy Tim, it was supervised by him. So I agreed to that, yes, because I was willing to do whatever I had to do to see my children, absolutely.
SUZANNE MAYES: And at this divorce hearing was he represented by an attorney?
AMBER KYZER: Yes, he was.
SUZANNE MAYES: Were you?
AMBER KYZER: No, ma'am.
SUZANNE MAYES: So at that divorce hearing you get supervised visitation --
AMBER KYZER: Yes.
SUZANNE MAYES: -- for you to see your children?
AMBER KYZER: Yes.
SUZANNE MAYES: And who was to supervise your visits with your children?
AMBER KYZER: Tim.
SUZANNE MAYES: Is there anything in that order that would allow you to have the children at your home? The home you shared with Shawn and your mother-in-law?
AMBER KYZER: No.
SUZANNE MAYES: What, if anything, did the Defendant ever say to you about whether the children could live with you?
AMBER KYZER: That was never going to happen. My children were never going to be with me.
SUZANNE MAYES: After your separation, were there times that he tried to approach you to come back to him?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: Did you ever accept his offer for you to come back to the marriage?
AMBER KYZER: No. I think as a mother I went back and forth in my head for my children, but I did not.
SUZANNE MAYES: Now, eventually were you able to contribute to the support of the children?
AMBER KYZER: Yes.
SUZANNE MAYES: And how did you go about doing that?
AMBER KYZER: I bought them clothing. I bought them what they needed and then some. I offered to give Tim some checks. I think at one point I asked him not to cash one immediately, but I did write some checks.
SUZANNE MAYES: To provide support for the children?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: In addition to the clothing?
AMBER KYZER: Yes. I bought them clothes, things they might need for school, diapers, wipes.
SUZANNE MAYES: When you would have the supervised visitation with the children where did that normally occur?
AMBER KYZER: Chick-fil-A.
SUZANNE MAYES: Who would be present for those visitations?
AMBER KYZER: Tim and my five children.
SUZANNE MAYES: Who decided the when and where of when you would have visitation with the children?
AMBER KYZER: Tim.
SUZANNE MAYES: Now, let's move forward to the timeframe of 2014. How frequently was Tim allowing you to see the children?
AMBER KYZER: It was becoming less and less frequent.
SUZANNE MAYES: Would he always follow through with the supervised visits?
AMBER KYZER: Not all the time. There were times that he caved in or would give me an answer as to, well, one of them got in trouble in school or something along those lines where I wasn't able to see them. It was their punishment.
SUZANNE MAYES: So part of the punishment for the children would be to take away the visitation with you?
AMBER KYZER: Yeah. And sometimes -- sometimes I was not able to make it myself. I didn't have the gas.
SUZANNE MAYES: What, if anything, did you ever hear the Defendant say to the children about taking away visitation?
AMBER KYZER: He would just simply tell them, hey, you misbehaved at school. Now you don't get to see her. Guess you don't get to see her on Saturday.
SUZANNE MAYES: Ms. Kyzer, did you ever say to your children that you did not want them?
AMBER KYZER: No, ma'am.
SUZANNE MAYES: Now, did you become aware of a DSS report regarding Nahtahn in May of 2004?
AMBER KYZER: I'm sorry. Can you restate it.
SUZANNE MAYES: Did you become aware of a DSS report regarding Nahtahn in May of 2004?
AMBER KYZER: I was. I was made aware of that.
SUZANNE MAYES: 2014. I'm sorry.
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: Did DSS ever come to meet with you about that case?
AMBER KYZER: No.
SUZANNE MAYES: August 28th, 2014, do you remember that day?
AMBER KYZER: Yes. Yes, I do.
SUZANNE MAYES: When would you normally speak with your children?
AMBER KYZER: They would call at 7:00 o'clock every night. Sorry.
AMBER KYZER: I'm sorry. Can I have a minute?
THE COURT: Yes, ma'am.
AMBER KYZER: I'm sorry.
THE COURT: It's all right.
SUZANNE MAYES: Whose phone would you call.
AMBER KYZER: I called Tim's phone.
SUZANNE MAYES: Did you call his phone that night?
AMBER KYZER: Yes, ma'am. Yes.
SUZANNE MAYES: I'm going to ask you a few questions about that. Who answered the phone when you called?
AMBER KYZER: Tim did, but he had it on speaker phone.
SUZANNE MAYES: What happened next?
AMBER KYZER: I heard my son crying, and I asked him what was wrong.
SUZANNE MAYES: Which son?
AMBER KYZER: My son, Nahtahn. I said, "Son, what's wrong?" He said, "Mom, I didn't mean to." And Tim was going on in the background, "You could have killed yourself, son," and then got mad at me because I was trying to calm my son down.
SUZANNE MAYES: What did you say to Nahtahn?
AMBER KYZER: That it was okay.
SUZANNE MAYES: What could you hear Nahtahn doing?
AMBER KYZER: Dry heaving, like --
SUZANNE MAYES: What do you mean by that?
AMBER KYZER: (Demonstrating), like that. Like gasping for air because he had been crying so much, like he couldn't catch his breath. He was just (demonstrating), like that.
SUZANNE MAYES: You told Nahtahn it was okay?
AMBER KYZER: Yeah. And Tim got mad and said, "Why do you always have to defend the kids." I guess you could say I always defended the kids. He was more the disciplinary. I was not. I went on to disagree with him and let him know that I didn't think -- that I thought that my son had gotten the point and that I was tired of hearing my kids crying all the time. And Tim -- Tim hung up the phone and told -- before he hung up the phone he told me to shut the fuck up and hung up the phone. Sorry for the language.
SUZANNE MAYES: When he said that and hung up the phone, Amber, at the end of that conversation and you heard Nahtahn in the background, what was the tone of voice of the Defendant, Timothy Jones, Jr.?
AMBER KYZER: He was outraged. He was outraged.
SUZANNE MAYES: At any point in time did he say he was afraid of Nahtahn?
AMBER KYZER: No.
SUZANNE MAYES: At any point in time did he say Nahtahn was trying to kill him?
AMBER KYZER: No. All he said was, "You're going to kill -- you could have killed yourself, son."
SUZANNE MAYES: Talking to Nahtahn?
AMBER KYZER: Yes.
SUZANNE MAYES: And after he hangs up the phone with you what did you do next?
AMBER KYZER: I tried calling him back. I called, and I called, and I called.
SUZANNE MAYES: Is it possible to know how many times you called? More than one time?
AMBER KYZER: Yes, ma'am. Maybe six or seven, guesstimate.
SUZANNE MAYES: Have you seen a phone log of calls that were made in this case, Ms. Kyzer?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: And in addition to making calls after the phone was hung up on you by the Defendant, did you also leave any type of message?
AMBER KYZER: I did. I left, I believe, a couple voicemails.
SUZANNE MAYES: One message or more than one message?
AMBER KYZER: A few. Sorry.
SUZANNE MAYES: Let me show you a document and ask you whether or not you recognize it and whether or not that's a fair and accurate reflection of the phone calls that you made to Timothy Jones on the night of August 28th, 2014.
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: Now I'm going to show you three items and ask you whether or not you recognize them, and if so, how.
AMBER KYZER: That's a voicemail I left him.
SUZANNE MAYES: And how do you recognize it? Does it bear your initials?
AMBER KYZER: It bears my initials.
SUZANNE MAYES: You've heard this recording?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: And this recording on August 28th at 9:16 p.m., can you tell us whether or not it's a fair and accurate representation of your voicemail in its entirety?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: This item?
AMBER KYZER: It's another voicemail. It's my initials again on August 28th at 9:34 p.m.
SUZANNE MAYES: And you've heard it in its entirety?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: Is it a fair and accurate representation of the message you left?
AMBER KYZER: Yes, ma'am.
SUZANNE MAYES: And then finally this item.
AMBER KYZER: It's another voicemail left on 8/24 --
SUZANNE MAYES: 9:38 p.m.?
AMBER KYZER: Yes, ma'am, with my initials.
SUZANNE MAYES: And you've heard that message in its entirety?
AMBER KYZER: Yes.