5.Shelby Derrick — Direct/Cross (Part 1)
83 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:
SHAWN 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.
SHAWN 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.
SHAWN GRAHAM: Back in 2014 how long had you been in law enforcement?
SHELBY DERRICK: 2014 would have been, I think, right at nine years.
SHAWN GRAHAM: Back on September 23rd of 2014 did you do something in relation to this case?
SHELBY DERRICK: I did.
SHAWN 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.
SHAWN 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.
SHAWN GRAHAM: Is this one of the items that you drove to Atlanta to retrieve?
SHELBY DERRICK: Yes, sir.
SHAWN 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.
SHAWN GRAHAM: Bobe.
SHELBY DERRICK: Bobe. Met with them, and she transferred that evidence over to me.
SHAWN GRAHAM: And where did you meet her at?
SHELBY DERRICK: It was a Marriot Hotel in Atlanta, Georgia at 2000 Century Boulevard.
SHAWN 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.
SHAWN 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.
SHAWN 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.
SHAWN GRAHAM: So once it was transferred into you, at any time did you ever go inside that package?
SHELBY DERRICK: No, sir.
SHAWN GRAHAM: So the security seal was on it and it was sealed for the whole time you had it?
SHELBY DERRICK: Yes, sir.
SHAWN 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.
SHAWN GRAHAM: When you logged them into your evidence room did you actually turn it over physically to somebody?
SHELBY DERRICK: I did.
SHAWN GRAHAM: And do you remember who that individual was?
SHELBY DERRICK: I believe it was evidence custodian Candy Kyzer.
SHAWN GRAHAM: At any time that item was in your possession did you open it up and go inside?
SHELBY DERRICK: No, sir.
SHAWN GRAHAM: Thank you, Ms. Derrick. Please answer any questions that Mr. Young has for you.
SHELBY DERRICK: Yes, sir.
CROSS-EXAMINATION By Mr. Young:
BOYD YOUNG: Hello, Ms. Derrick.
SHELBY DERRICK: Hello.
BOYD 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?
BOYD 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.
BOYD 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.
BOYD 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.
BOYD 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.
BOYD YOUNG: Does that appear to be all the pictures you took?
SHELBY DERRICK: Yes, sir.
BOYD YOUNG: And are they accurate?
SHELBY DERRICK: Yes, sir. They're fair and accurate.
BOYD 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.
SHAWN 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.
BOYD 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.)
BOYD 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.
BOYD 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.
BOYD 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?
SHAWN 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?
BOYD YOUNG: Yes, sir. Your Honor, we would offer Defendant's Exhibit numbers 120, 121 and 133 into evidence.
SHAWN GRAHAM: No objection.
THE COURT: No objection. 120, 121 and 133. (Whereupon, Defendant's Exhibit numbers 120, 121 and 133 were admitted into evidence.)
BOYD YOUNG: Can you tell the ladies and gentlemen of the jury what these -- what these are?
SHELBY DERRICK: Well, they're labeled Chantix.
BOYD YOUNG: It's just blister packs of medication labeled Chantix?
SHELBY DERRICK: Blister packs, that's what they're called.
BOYD YOUNG: Just one second.
THE COURT: Sure.