15.Heather Clary — Direct
138 linesHEATHER CLARY, being first duly sworn, testified as follows:
COURT CLERK: Once you're seated state your full name, spelling your last, please.
HEATHER CLARY: Heather Clary, C-l-a-r-y.
THE COURT: All right. I am going to go back over something. We attempt to get all of the potential witnesses on the list. This is Ms. Clary. I want you to raise your hand, if it's appropriate, if not, keep your hands down. Does anybody know Ms. Clary in any fashion whatsoever, related by blood or marriage, close personal friends, work with, socialize with in any fashion. If so, raise your hand.
(Whereupon, no jurors raised their hand.)
THE COURT: No hands raised. Thank y'all.
DIRECT EXAMINATION By Mr. Graham:
SHAWN GRAHAM: Ms. Clary, where are you currently employed?
HEATHER CLARY: The Greenwood County Sheriff's Office.
SHAWN GRAHAM: Could you pull the mic towards you and talk a little bit louder.
HEATHER CLARY: My apologies. Greenwood County Sheriff's Office.
SHAWN GRAHAM: And what do you do for the Greenwood County Sheriff's Office?
HEATHER CLARY: I'm a deputy with uniform patrol.
SHAWN GRAHAM: Back in 2014 were you employed at the Lexington County Sheriff's Department?
HEATHER CLARY: Yes.
SHAWN GRAHAM: What did you do there?
HEATHER CLARY: Crime scene investigator.
SHAWN GRAHAM: And as part of the duties of a crime scene investigator you collect evidence and take photos, right?
HEATHER CLARY: Correct.
SHAWN GRAHAM: How long had you been a crime scene investigator back in September, 2014?
HEATHER CLARY: Not very long. I just started the beginning of September.
SHAWN GRAHAM: So one of the first things you did then was respond on September 8th to Mr. Jones' residence. Is that correct?
HEATHER CLARY: Yes.
SHAWN GRAHAM: And what date was that?
HEATHER CLARY: That was September 8th, 2014.
SHAWN GRAHAM: What time did you go out there?
HEATHER CLARY: 5:30 in the afternoon.
SHAWN GRAHAM: And did you take photographs of the residence in the way that you found it?
HEATHER CLARY: Yes.
SHAWN GRAHAM: Two of the photographs I'm going to show you have already been marked for ID. That's 183 and 184. Do you recognize those two?
HEATHER CLARY: Yes.
SHAWN GRAHAM: And those are photographs that you took?
HEATHER CLARY: Yes.
SHAWN GRAHAM: And that's the way that you found those items?
HEATHER CLARY: Yes.
SHAWN GRAHAM: Do they fairly and accurately represent what you saw?
HEATHER CLARY: Yes.
SHAWN GRAHAM: Your Honor, the State would move those two into evidence at this time.
BOYD YOUNG: No objection.
THE COURT: No objection, the photographs are in, that's 183 and 184. (Whereupon, State's exhibit numbers 183 and 184 were admitted into evidence.)
SHAWN GRAHAM: Ms. Clary, I want to show you a couple of photographs, 190 through 193 and ask if you recognize those as photographs that you took?
HEATHER CLARY: Yes.
SHAWN GRAHAM: And do they fairly and accurately represent what you saw when you were executing the search warrant on photographing the residence on September 8th of 2014?
HEATHER CLARY: Yes.
SHAWN GRAHAM: Your Honor, the State would offer those four additional photos into evidence.
BOYD YOUNG: No objection.
THE COURT: No objection to four photographs, 190 through 193. (Whereupon, State's Exhibit numbers 190 through 193 were admitted into evidence.)
SHAWN GRAHAM: Your Honor, some of these photos are dark. If I can have Ms. Clary step down from the stand.
THE COURT: You may. (Whereupon, the witness stepped down from the witness stand.)
SHAWN GRAHAM: Ms. Clary, the residents had two rooms for the five children. Is that correct?
HEATHER CLARY: Yes.
SHAWN GRAHAM: Do you remember how the beds were separated between the two rooms?
HEATHER CLARY: If I remember, there was a bed and a crib in one room and then a bed and a set of bunk beds in the other.
SHAWN GRAHAM: Looking at 192 and 193, are those the bed and crib that was -- that you testified to that was in one room?
HEATHER CLARY: Yes.
SHAWN GRAHAM: Would you explain to the jury then the condition you found as far as sheets and blankets and comforters and things like that. As to the crib, State's 193, what did you find?
HEATHER CLARY: The only items on the crib were the fitted sheet and then the blue blanket thing as shown on the photograph.
SHAWN GRAHAM: State's 193 was the bed that was in the same room as the crib, correct?
HEATHER CLARY: Yes.
SHAWN GRAHAM: And what was on that bed?
HEATHER CLARY: Just the fitted sheet. No other covering.
SHAWN GRAHAM: As to the crib?
HEATHER CLARY: Yes.
SHAWN GRAHAM: What was on the crib?
HEATHER CLARY: Just the fitted sheet and the blue blanket.
SHAWN GRAHAM: And the small bed that was in the same room?
HEATHER CLARY: Just the fitted sheet. No other bedsheets.
SHAWN GRAHAM: In the other bedroom you testified there was a bed and another set of bunk beds. Is that correct?
HEATHER CLARY: Yes.
SHAWN GRAHAM: Looking at State's 191 and 190. Can you describe to the jury 191 and what we're looking at and the condition of the bed when you found it on September 8th?
HEATHER CLARY: Just a normal bed with a mattress. No bedding.
SHAWN GRAHAM: 190 is the bunk beds that you testified to, and that is in the same room as the bed that we saw in 190. Is that correct?
HEATHER CLARY: Correct.
SHAWN GRAHAM: Or 191. I apologize. So looking at 191 at the bunk beds, would you describe to the jury the condition of the beds as far as any bedding or lack of bedding thereof?
HEATHER CLARY: Just the mattresses and the bunk beds. No bedding.
SHAWN GRAHAM: State's 183 and 184 in evidence. What room are we in?
HEATHER CLARY: This is the room with the bed and the set of bunk beds.
SHAWN GRAHAM: So the -- that would have been 191 and 190.
HEATHER CLARY: Yes.
SHAWN GRAHAM: The poster bed and the set of bunk beds?
HEATHER CLARY: Correct.
SHAWN GRAHAM: What, if anything, in looking at State's 193 did you find on the floor of that room?
HEATHER CLARY: There was a Woody doll in pieces.
SHAWN GRAHAM: 184 is a close-up of that, correct?
HEATHER CLARY: Yes.
SHAWN GRAHAM: You can have a seat, Ms. Clary. Thank you. (Whereupon, the witness returned to the witness stand.)
SHAWN GRAHAM: Ms. Clary, I'm going to hand you a bag that is currently sealed and ask if you recognize that.
HEATHER CLARY: Yes.
SHAWN GRAHAM: And, in fact, you see your initials on the seal?
HEATHER CLARY: Yes.
SHAWN GRAHAM: And had that ever been cut since you put the seal on it?
HEATHER CLARY: No.
SHAWN GRAHAM: And what does that item -- what does that bag contain?
HEATHER CLARY: The Woody doll.
SHAWN GRAHAM: Your Honor, I would ask her to -- do you have a pair of scissors, Madam Clerk?
SHAWN GRAHAM: Ms. Clary, would you cut that open and verify that that's what you collected.
BOYD YOUNG: Your Honor, can we approach? (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
SHAWN GRAHAM: Do you recognize that as the item that you collected?
HEATHER CLARY: Yes.
SHAWN GRAHAM: And that is the Woody doll that's in pieces that we saw in the prior photographs?
HEATHER CLARY: Yes.
SHAWN GRAHAM: Your Honor, the State would offer that into evidence at this time.
THE COURT: Would you like to be heard on that?
BOYD YOUNG: Yes, sir.
THE COURT: All right. Can we hear it here?
BOYD YOUNG: Sure.
THE COURT: All right. (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
THE COURT: As soon as he handed her the scissors she said, it is going to make a noise. You didn't hear her say that.
BOYD YOUNG: No, sir.
THE COURT: He said exactly what, right on cue to where the Woody doll said something.
BOYD YOUNG: I don't know, I think we can take the batteries out.
THE COURT: Can we take the batteries out, will that be all right?
BOYD YOUNG: Sure.
SHAWN GRAHAM: Okay.
THE COURT: As soon as we get through this witness. Do you have an issue, one of the juror's said that they would like to break after this witness. Can you deal with that?
BOYD YOUNG: Sure.
THE COURT: Okay. Just keep it still.
SHAWN GRAHAM: Your Honor, we would offer it into evidence.
BOYD YOUNG: Subject to the recording of the doll, we would let it in.
THE COURT: We will remove the battery of the Woody doll to meet the terms of the objection.
BOYD YOUNG: I don't have any objection to their evidence technician to do that.
THE COURT: Good enough.
SHAWN GRAHAM: Your Honor, the State would offer it into evidence.
THE COURT: I want to accept into evidence but I want the battery removed so we don't continue to hear the recording because I think it will still do that. So that will be done subject to it being let into evidence. That will be done this afternoon. (Whereupon, State's Exhibit 194 was admitted into evidence.)
SHAWN GRAHAM: No further questions.
THE COURT: Your witness.
BOYD YOUNG: No questions, Your Honor.
THE COURT: All right. Ms. Clary, you're free to go. Thank you. (Whereupon, the witness stepped down from the witness stand.)
THE COURT: All right. The lawyers told me they've got two things that I've got to review for in the morning and we've got some time constraints. So I'm going to stop here. So you're through for day. Put your stuff in the jury room. See you back in the morning same time, about 8:45. We'll probably start at 9:00 o'clock sharp. Remember, do not discuss the case. If you have any issues, let me know and I'll help you resolve them. So thank you for your all's day. See you in the morning. (Whereupon, the jury was excused from the courtroom for the day.)
THE COURT: Do we need to do anything before in the morning, we want to put anything on the record?
SHAWN GRAHAM: Not from the State, Your Honor.
THE COURT: Mr. Young, you got anything before we stop for the day?
BOYD YOUNG: Judge, briefly, with regard to our motion for a mistrial in Ms. Kyzer's emotions on the stand. We would, for the record, we would like to make it clear that we have moved for a mistrial under the due process, the Fifth, the Fourteenth Amendments, Article 1, Section 3 and 14 of the South Carolina Constitution. The right to a fair trial, an impartial and unbiased jury, under the Sixth and Fourteenth Amendments to the United States Constitution, Article 1, Section 14 of the South Carolina Constitution. And the heightened reliability and prohibition against cruel and unusual punishment under the Eighth Amendment under the United States Constitution and Article 1, Section 15 of the South Carolina Constitution.
THE COURT: The record's complete. My ruling remains the same but you have got on, a basis for your motion. All right, we have got a Denno hearing we need to take care of? How long is this going to take, fifteen minutes? You want to try to do it, 8:30, 8:45?
RICK HUBBARD: Yes, sir.
BOYD YOUNG: Are they just calling one officer or are they calling everybody that was present?
RICK HUBBARD: Calling the man that was in charge.
THE COURT: All right. 8:30 in the morning. I'll see you early. (Whereupon, the trial will resume the next morning at 8:30 a.m.)