5.Shelby Derrick — Direct/Cross (Part 1)
85 linesSHELBY DERRICK, being first duly sworn, testified as follows:
COURT CLERK: Once your seated, state your full name, spelling your last, please.
SHELBY DERRICK: Shelby Derrick. Last name D-e-r-r-i-c-k.
DIRECT EXAMINATION By Mr. Graham:
MR. GRAHAM: Ms. Derrick, back in September of 2014 where were you employed?
SHELBY DERRICK: I was employed at Lexington County Sheriff's Department as a crime scene investigator.
MR. GRAHAM: In general terms, what is a crime scene investigator?
SHELBY DERRICK: We help out with the investigation. When we're notified we go to the scene location and take photographs, document with notes and photographs, collect any possible evidence and carry on with the investigation.
MR. GRAHAM: Back in 2014 how long had you been in law enforcement?
SHELBY DERRICK: 2014 would have been, I think, right at nine years.
MR. GRAHAM: Back on September 23rd of 2014 did you do something in relation to this case?
SHELBY DERRICK: I did.
MR. GRAHAM: Could you tell the jury what you did?
SHELBY DERRICK: I did a number of things. I actually drove to a location, Atlanta, Georgia; picked up evidence, as well as I did a supplement search warrant of the residence. And I believe I picked up or delivered other evidence to other various locations.
MR. GRAHAM: I'm going to show you a cell phone that's been marked State's number 91 that's in evidence and ask if you recognize that.
SHELBY DERRICK: I do.
MR. GRAHAM: Is this one of the items that you drove to Atlanta to retrieve?
SHELBY DERRICK: Yes, sir.
MR. GRAHAM: Who did you actually get this item from?
SHELBY DERRICK: I drove to Atlanta and met with the Jackson, Mississippi Division FBI Agent Bobe, I believe or is it Bobe, B-O-B-E.
MR. GRAHAM: Bobe.
SHELBY DERRICK: Bobe. Met with them, and she transferred that evidence over to me.
MR. GRAHAM: And where did you meet her at?
SHELBY DERRICK: It was a Marriot Hotel in Atlanta, Georgia at 2000 Century Boulevard.
MR. GRAHAM: Now, when I refer to it as State's 91 the jury doesn't know what that is. So can you tell the jury what that item is?
SHELBY DERRICK: This is a Samsung Galaxy Note 3 cell phone.
MR. GRAHAM: Now, when that item was handed to you, do you remember whether it was already sealed or whether you sealed it?
SHELBY DERRICK: It was already packaged and sealed.
MR. GRAHAM: Did you go and break the seal and go into it at all?
SHELBY DERRICK: No, sir. I just transferred -- she just transferred the custody over to me.
MR. GRAHAM: So once it was transferred into you, at any time did you ever go inside that package?
SHELBY DERRICK: No, sir.
MR. GRAHAM: So the security seal was on it and it was sealed for the whole time you had it?
SHELBY DERRICK: Yes, sir.
MR. GRAHAM: At some point did you -- tell the jury what you did with that item once you retrieved it?
SHELBY DERRICK: Once I gained custody, or took custody of the items that were transferred, the cell phone and several other items, I placed them in my vehicle that I had driven down there. It was a Lexington County -- my Lexington County crime scene truck, and I brought the evidence back to Lexington County. At that point I believe I logged them into our crime lab, because of the time. And then did the paperwork to log them into our evidence room, and then logged them into our evidence room.
MR. GRAHAM: When you logged them into your evidence room did you actually turn it over physically to somebody?
SHELBY DERRICK: I did.
MR. GRAHAM: And do you remember who that individual was?
SHELBY DERRICK: I believe it was evidence custodian Candy Kyzer.
MR. GRAHAM: At any time that item was in your possession did you open it up and go inside?
SHELBY DERRICK: No, sir.
MR. GRAHAM: Thank you, Ms. Derrick. Please answer any questions that Mr. Young has for you.
SHELBY DERRICK: Yes, sir.
CROSS-EXAMINATION By Mr. Young:
MR. YOUNG: Hello, Ms. Derrick.
SHELBY DERRICK: Hello.
MR. YOUNG: Did you on September the 9th have occasion to go to the Jones home on South Lake Drive?
SHELBY DERRICK: Hang on one second. Let me get that report. September 9th?
MR. YOUNG: Yeah.
SHELBY DERRICK: Yes, sir. September the 9th at about 10:15 hours, which is 10:15 a.m., I went to South Lake Drive.
MR. YOUNG: And did you take pictures of the inside of that residence?
SHELBY DERRICK: Yes, sir. I executed a search warrant in the presence of -- well, at that time it was Detective Sergeant Jessie Laintz, Lieutenant Laintz. Along with him I took -- executed a search warrant, which basically I started on the outside of the house, took photographs of the exterior and in the interior and go from there.
MR. YOUNG: I'm going to mark these one exhibit at a later time but first I need you to look through them and see if this is a copy of the pictures that you took.
SHELBY DERRICK: Okay.
MR. YOUNG: And I know it might take a minute. And I have a flag on a couple of them.
SHELBY DERRICK: I took -- took a few.
MR. YOUNG: Does that appear to be all the pictures you took?
SHELBY DERRICK: Yes, sir.
MR. YOUNG: And are they accurate?
SHELBY DERRICK: Yes, sir. They're fair and accurate.
MR. YOUNG: Your Honor, at this time the Defense would offer Defendant's Exhibit number 119 which is the pictures taken by Ms. Derrick of South Lake Drive.
MR. GRAHAM: No objection, Your Honor.
THE COURT: If you're going to pull them out, I want those marked as 119-A, B, C, something along those lines. That way we can keep track of it.
MR. YOUNG: Yes, sir.
THE COURT: All right, fair enough. They're admitted without objection.
(Whereupon, Defendant's Exhibit number 119-A through 119-C were admitted into evidence.)
MR. YOUNG: Ms. Derrick, I show you what's marked as Defendant's Exhibit number 119-A. Can you tell the ladies and gentlemen of the jury what that is?
SHELBY DERRICK: It's a plastic drawer out of a, like a Rubber Maid container with three or four drawers. It's a plastic drawer with what appears to be different medication items or pill bottles or different bottles of some sort, a thermometer and some other items.
MR. YOUNG: Does there appear to be three sort of blue different packs of meds in them?
SHELBY DERRICK: There's, yeah, there's three color, blue color paper bags that appear to be medication.
MR. YOUNG: I'm going to show you Defendant's number 120, 121 and 133 for ID and ask you take a look at those. Look at the picture. Do those appear to be the same?
MR. GRAHAM: Your Honor, I object, I would like to at least see what's being offered.
(Whereupon, Mr. Graham looks at exhibits.)
THE COURT: Those are marked as 120, 121 and 133?
MR. YOUNG: Yes, sir. Your Honor, we would offer Defendant's Exhibit numbers 120, 121 and 133 into evidence.
MR. GRAHAM: No objection.
THE COURT: No objection. 120, 121 and 133.
(Whereupon, Defendant's Exhibit numbers 120, 121 and 133 were admitted into evidence.)
MR. YOUNG: Can you tell the ladies and gentlemen of the jury what these -- what these are?
SHELBY DERRICK: Well, they're labeled Chantix.
MR. YOUNG: It's just blister packs of medication labeled Chantix?
SHELBY DERRICK: Blister packs, that's what they're called.
MR. YOUNG: Just one second.
THE COURT: Sure.