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:
MS. MAYES: Pull that just a little bit closer to you. Good afternoon, Ms. Kyzer.
AMBER KYZER: Good afternoon.
MS. MAYES: In what county do you currently reside?
AMBER KYZER: West Columbia, Lexington County.
MS. 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.
MS. MAYES: How is it you know the Defendant in this case, Timothy Jones, Jr.?
AMBER KYZER: He is my ex-husband of nine years.
MS. MAYES: Have you been in this courtroom until this moment?
AMBER KYZER: No.
MS. MAYES: Why is that?
AMBER KYZER: I can't handle it. I can't handle it.
MS. 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.
MS. MAYES: And in what State were you married in?
AMBER KYZER: Chicago, Illinois.
MS. 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.
MS. MAYES: 12/12?
AMBER KYZER: Yes.
MS. 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.
MS. MAYES: Leesville-Batesburg here?
AMBER KYZER: Yes, ma'am.
MS. MAYES: And what was the address?
AMBER KYZER: Russell Rowe Road.
MS. MAYES: Approximately what year was it that your family relocated here to South Carolina?
AMBER KYZER: I believe it was around July of 2011.
MS. 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.
MS. MAYES: It was a job opportunity at Intel?
AMBER KYZER: Yes, ma'am.
MS. MAYES: And who would stay home with the children during the day as your husband worked at Intel?
AMBER KYZER: I did.
MS. MAYES: While living here in Lexington County, were any of your children born here?
AMBER KYZER: Yes.
MS. MAYES: Which child was that?
AMBER KYZER: I'm sorry.
MS. MAYES: Which child was that?
AMBER KYZER: Born here? S.K. .
MS. MAYES: I'm going to ask a little bit more about that.
AMBER KYZER: Yes.
MS. MAYES: Do you have a daughter today?
AMBER KYZER: I do.
MS. MAYES: What is her name?
AMBER KYZER: S.K. .
MS. MAYES: And what is her date of birth?
AMBER KYZER: Oh, God. She's .
MS. MAYES: Who is her father?
AMBER KYZER: Shawn Kyzer.
MS. MAYES: Are you remarried?
AMBER KYZER: Yes, ma'am.
MS. 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.
MS. MAYES: And ultimately how is it that you met the Defendant, Timothy Jones?
AMBER KYZER: I moved out to Chicago where my mother was.
MS. MAYES: And while living in Chicago, about how old were you when you met the Defendant?
AMBER KYZER: Nineteen.
MS. MAYES: Where was it that the two of you met?
AMBER KYZER: It was a workplace called Enchanted Castle.
MS. 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.
MS. MAYES: And what did you do there at the Enchanted Castle?
AMBER KYZER: I ran the redemption desk.
MS. MAYES: And what about Timothy Jones?
AMBER KYZER: I believe he did the same.
MS. MAYES: How long did the two of you date after meeting at the Enchanted Castle?
AMBER KYZER: Six weeks.
MS. MAYES: You were married after six weeks?
AMBER KYZER: Yes, ma'am.
MS. MAYES: Early in your relationship did you attend church together?
AMBER KYZER: Yes, ma'am.
MS. 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.
MS. MAYES: I want to ask a little bit more about that. You said you dated six weeks before marriage.
AMBER KYZER: Yes.
MS. 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.
MS. 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.
MS. MAYES: DuPage, and that's in Illinois?
AMBER KYZER: Yes, ma'am.
MS. 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.
MS. MAYES: So he spoke with you about that as far as when the two of you first met?
AMBER KYZER: Yes, ma'am.
MS. MAYES: That he wanted to be a doctor?
AMBER KYZER: Yes.
MS. MAYES: What else attracted you to him?
AMBER KYZER: Tim was very goal oriented. I'm sorry.
MS. 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.
MS. MAYES: And you were how old when the two of you were married?
AMBER KYZER: I was nineteen.
MS. MAYES: And, Amber, you yourself at that point in time, did you have a college degree?
AMBER KYZER: No, ma'am. I didn't.
MS. MAYES: Were you attending college?
AMBER KYZER: No, ma'am. I was not.
MS. MAYES: Had you attained a high school diploma at that stage in your life?
AMBER KYZER: No, ma'am.
MS. 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.
MS. MAYES: And this is in Illinois?
AMBER KYZER: Yes, ma'am.
MS. 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.
MS. 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.
MS. MAYES: Did the majority of the females within the church follow these restrictions based on your observations?
AMBER KYZER: Yes.
MS. MAYES: Did you also begin to follow these restrictions?
AMBER KYZER: Yes, I did.
MS. 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.
MS. 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.
MS. MAYES: So Itawamba is a College in Mississippi?
AMBER KYZER: Yes.
MS. 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.
MS. MAYES: Approximately how long was he at Itawamba?
AMBER KYZER: I can't even -- I can't recall that either.
MS. MAYES: From there where did he next attend college?
AMBER KYZER: MSU, Mississippi State University.
MS. MAYES: So when you say MSU you're referring to Mississippi State?
AMBER KYZER: Yes, ma'am.
MS. MAYES: While attending Mississippi State what was his undergraduate degree that he was pursuing?
AMBER KYZER: Computer science and engineering.
MS. MAYES: Where did your family live while attending Mississippi State?
AMBER KYZER: We were living on -- on campus housing.
MS. 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.
MS. MAYES: Merah, Elias and Nahtahn?
AMBER KYZER: Yes, ma'am.
MS. MAYES: They all lived there on campus while Tim was attending school?
AMBER KYZER: Yes.
MS. MAYES: While attending Mississippi State, did the Defendant have the opportunity to travel overseas?
AMBER KYZER: Yes, he did.
MS. MAYES: Where did he go?
AMBER KYZER: South Korea.
MS. MAYES: And for what purpose?
AMBER KYZER: I believe it was just offered out by the school as an opportunity.
MS. MAYES: It was a class trip?
AMBER KYZER: Yes.
MS. MAYES: Related to Mississippi State?
AMBER KYZER: Yes.
MS. 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.
MS. MAYES: So immediately upon his graduation from Mississippi State --
AMBER KYZER: Yes.
MS. MAYES: -- he got the job at Intel?
AMBER KYZER: He did.
MS. MAYES: And your family relocated here in Lexington County?
AMBER KYZER: Yes, ma'am.
MS. MAYES: I believe your previous testimony was you were living in the Leesville --
AMBER KYZER: Leesville-Batesburg, yes. I'm sorry.
MS. 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.
MS. 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.
MS. MAYES: And pregnant with Gabriel?
AMBER KYZER: Yes, ma'am.
MS. MAYES: Were you working at this stage of your marriage, Ms. Kyzer?
AMBER KYZER: Just as a mother.
MS. 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.
MS. MAYES: And at that stage were any of the children actually in formal school?
AMBER KYZER: No.
MS. MAYES: You were at home pretty much all day with all three of your older children?
AMBER KYZER: Yes, ma'am.
MS. 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.
MS. MAYES: Did he ever discuss with you how many children he wanted?
AMBER KYZER: At one point he wanted a farm full he said.
MS. MAYES: And, Ms. Kyzer, under the circumstances you were facing at the time, were you able to make your marriage work?
AMBER KYZER: No.
MS. MAYES: Ultimately you made the decision to leave your marriage?
AMBER KYZER: Yes, I did.
MS. MAYES: During that time did you become involved with someone?
AMBER KYZER: Yes, I did.
MS. MAYES: Who was that person?
AMBER KYZER: Shawn Kyzer.
MS. MAYES: The person you're married to now?
AMBER KYZER: Yes, ma'am.
MS. MAYES: S.K. 's father?
AMBER KYZER: Yes, ma'am.
MS. MAYES: How long have the two of you been together?
AMBER KYZER: Eight years, married four.
MS. MAYES: Who was the first to file for separation in your marriage with Timothy Jones?
AMBER KYZER: Tim.
MS. MAYES: And approximately when did you become pregnant with your daughter, Abigail, your last child with Tim?
AMBER KYZER: March --
MS. MAYES: 2012?
AMBER KYZER: -- of 2012, yeah.
MS. MAYES: Was there a paternity test regarding Abigail?
AMBER KYZER: Yes, ma'am.
MS. MAYES: And who was determined to be Abigail's biological father?
AMBER KYZER: Tim.
MS. MAYES: So after your separation from Timothy Jones where did you go to live?
AMBER KYZER: I went to live with a neighbor.
MS. MAYES: And specifically that neighbor was who?
AMBER KYZER: Cathy Poole.
MS. MAYES: Is she your mother-in-law?
AMBER KYZER: She is now, yes.
MS. MAYES: Shawn's mother?
AMBER KYZER: Yes.
MS. 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.
MS. 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.
MS. 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.
MS. 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.
MS. MAYES: Did you have any of those things of your own then?
AMBER KYZER: I didn't.
MS. MAYES: Did you have a degree?
AMBER KYZER: No.
MS. MAYES: Or a job?
AMBER KYZER: No.
MS. MAYES: Did you have any money to afford a lawyer in your divorce case?
AMBER KYZER: No.
MS. MAYES: So this was joint custody?
AMBER KYZER: Yes, ma'am.
MS. MAYES: And he had the primary physical custody?
AMBER KYZER: Yes, ma'am.
MS. 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.
MS. MAYES: And at this divorce hearing was he represented by an attorney?
AMBER KYZER: Yes, he was.
MS. MAYES: Were you?
AMBER KYZER: No, ma'am.
MS. MAYES: So at that divorce hearing you get supervised visitation --
AMBER KYZER: Yes.
MS. MAYES: -- for you to see your children?
AMBER KYZER: Yes.
MS. MAYES: And who was to supervise your visits with your children?
AMBER KYZER: Tim.
MS. 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.
MS. 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.
MS. MAYES: After your separation, were there times that he tried to approach you to come back to him?
AMBER KYZER: Yes, ma'am.
MS. 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.
MS. MAYES: Now, eventually were you able to contribute to the support of the children?
AMBER KYZER: Yes.
MS. 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.
MS. MAYES: To provide support for the children?
AMBER KYZER: Yes, ma'am.
MS. MAYES: In addition to the clothing?
AMBER KYZER: Yes. I bought them clothes, things they might need for school, diapers, wipes.
MS. MAYES: When you would have the supervised visitation with the children where did that normally occur?
AMBER KYZER: Chick-fil-A.
MS. MAYES: Who would be present for those visitations?
AMBER KYZER: Tim and my five children.
MS. MAYES: Who decided the when and where of when you would have visitation with the children?
AMBER KYZER: Tim.
MS. 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.
MS. 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.
MS. 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.
MS. 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.
MS. MAYES: Ms. Kyzer, did you ever say to your children that you did not want them?
AMBER KYZER: No, ma'am.
MS. 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.
MS. 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.
MS. MAYES: 2014. I'm sorry.
AMBER KYZER: Yes, ma'am.
MS. MAYES: Did DSS ever come to meet with you about that case?
AMBER KYZER: No.
MS. MAYES: August 28th, 2014, do you remember that day?
AMBER KYZER: Yes. Yes, I do.
MS. 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.
MS. MAYES: Whose phone would you call.
AMBER KYZER: I called Tim's phone.
MS. MAYES: Did you call his phone that night?
AMBER KYZER: Yes, ma'am. Yes.
MS. 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.
MS. MAYES: What happened next?
AMBER KYZER: I heard my son crying, and I asked him what was wrong.
MS. 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.
MS. MAYES: What did you say to Nahtahn?
AMBER KYZER: That it was okay.
MS. MAYES: What could you hear Nahtahn doing?
AMBER KYZER: Dry heaving, like --
MS. 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.
MS. 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.
MS. 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.
MS. MAYES: At any point in time did he say he was afraid of Nahtahn?
AMBER KYZER: No.
MS. 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."
MS. MAYES: Talking to Nahtahn?
AMBER KYZER: Yes.
MS. 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.
MS. 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.
MS. MAYES: Have you seen a phone log of calls that were made in this case, Ms. Kyzer?
AMBER KYZER: Yes, ma'am.
MS. 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.
MS. MAYES: One message or more than one message?
AMBER KYZER: A few. Sorry.
MS. 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.
MS. 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.
MS. MAYES: And how do you recognize it? Does it bear your initials?
AMBER KYZER: It bears my initials.
MS. MAYES: You've heard this recording?
AMBER KYZER: Yes, ma'am.
MS. 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.
MS. MAYES: This item?
AMBER KYZER: It's another voicemail. It's my initials again on August 28th at 9:34 p.m.
MS. MAYES: And you've heard it in its entirety?
AMBER KYZER: Yes, ma'am.
MS. MAYES: Is it a fair and accurate representation of the message you left?
AMBER KYZER: Yes, ma'am.
MS. MAYES: And then finally this item.
AMBER KYZER: It's another voicemail left on 8/24 --
MS. MAYES: 9:38 p.m.?
AMBER KYZER: Yes, ma'am, with my initials.
MS. MAYES: And you've heard that message in its entirety?
AMBER KYZER: Yes.