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2019 Murder TrialtranscripttranscriptTravis Pressley — Direct/Cross (Recall) - Day 16 - 2019 Murder TrialCorrectional Lieutenant Travis Pressley recounted statements he attributed to Timothy Ray Jones Jr. during a September 2014 prison intake, while the defense challenged omissions and timing in Pressley’s incident report.
Rick HubbardBoyd YoungEugene C. Griffith, Jr.Travis PressleyCourt ClerkTravis PressleyRick HubbardBoyd YoungTHE COURTdirectcross
12 pages·6 witnesses·2,552 lines
Lipman testified about AB Pinaca and mental illness; the court admitted correctional-intake statements and heard phone-forensics testimony.
Travis Pressley — Direct
DirectDirectTravis Pressley — Direct Travis Pressley Rick Hubbard

TRAVIS PRESSLEY, being first duly sworn, testified as follows:

COURT CLERK: Once you're seated state your full name, spelling your last, please.

34:17:34

TRAVIS PRESSLEY: Travis Pressley, P-R-E-S-S-L-E-Y.

DIRECT EXAMINATION By Mr. Hubbard:

54:17:36

RICK HUBBARD: Lieutenant Pressley, where do you work?

64:17:38

TRAVIS PRESSLEY: I work for Kirkland Correction Institution, Department of Correction.

74:17:43

RICK HUBBARD: South Carolina Department of Correction --

84:17:45

RICK HUBBARD: -- at Kirkland? And where is Kirkland located?

104:17:48

TRAVIS PRESSLEY: Broad River Road.

114:17:51

RICK HUBBARD: Back in September -- September 12th of 2014, do you recall Defendant Tim Jones being brought in for safekeeping into Kirkland?

124:18:05
134:18:07

RICK HUBBARD: And as Lieutenant, were you responsible for meeting him at Reception?

144:18:11
154:18:17

RICK HUBBARD: Can you describe the area where this took place?

164:18:20

TRAVIS PRESSLEY: The area's called the maximum security unit, where we work at. It's called MSU. It's a high risk area to where the inmates are causing a problem within the institution and got a high risk case. So it's like a maximum security -- like Rikers Island, like a area to where it's like two doors and it's all air pressure doors and we house them and separate from the regular general population of inmates.

174:18:50

RICK HUBBARD: And Mr. Jones was being brought there from Lexington for safekeeping?

184:18:53
194:18:55

RICK HUBBARD: Can you tell us, as you met him, what happened and what you heard?

204:19:00

TRAVIS PRESSLEY: When Inmate Jones first approached or came to our institution -- when he first came in, I explained to him the procedure that we've got to do. We've got to strip search, we have to do -- strip search, fingerprint him, and then go to a medical station area. So as they brought him in, the two person -- the sheriff's department, whoever brought him in, they left the area, and when that door closed, I guess, reality kicked in to where he knew he was in prison. So as we proceeded on doing our normal procedures then, you know, strip searching him, about to get his hair cut and take him to medical, he got emotional. And, I guess, everything just started coming out and he started explaining the incident that occurred and what he did.

214:19:46

RICK HUBBARD: Well, let me ask you this, Lieutenant. When that happened, you have special training that you've gotten through the Department of Corrections to handle when an inmate gets emotional?

224:19:58

TRAVIS PRESSLEY: Yes, sir. I'm also a coach and an instructor for a class called CIT, which is called Crisis Intervention Team Training. I was doing that for like five years, and we are trained to de-escalate problems, situations and to calm an individual or a staff member down.

234:20:17

RICK HUBBARD: Did you use your training with Mr. Jones at that time?

244:20:20

TRAVIS PRESSLEY: I didn't have to use it, but the training I used was the listening skills because we're always listening for key words. But this type of action that he was saying, it wasn't no need to use my crisis intervention training because the word -- the thing I was looking for is what he was telling me. So as he explained to me the incident, I was listening and gathering all the information.

254:20:42

RICK HUBBARD: Now, when he talks -- when an inmate -- say it's not Mr. Jones. Do you just let them talk themselves down? Is that one of the techniques?

264:20:51

TRAVIS PRESSLEY: One of the techniques is let them de-escalate by listening to them talk, and as they talk they'll kind of settle themselves down as they're getting all the anger or whatever they want.

274:21:00

RICK HUBBARD: Is that what was -- you were allowing Mr. Jones to do, just talk?

284:21:03
294:21:05

RICK HUBBARD: Now, were you questioning him and saying, well, then what happened, and then what happened, and then what happened after that?

304:21:10
314:21:11

RICK HUBBARD: So was this something that he just voluntarily started talking or is this something that you instigated?

324:21:17

TRAVIS PRESSLEY: No, sir. He was voluntarily talking.

334:21:19

RICK HUBBARD: Voluntarily. What did he tell you when he was brought in, in your presence?

344:21:27

TRAVIS PRESSLEY: Okay. He was explaining to me about how wrong he -- what he did, how he felt sorry and he was wrong for what he did. Do you want me to explain? Go in --

354:21:38

RICK HUBBARD: Yeah, go ahead.

364:21:39

TRAVIS PRESSLEY: Well, the incident that he explained to me that I recall was one of his son's, the youngest or the oldest, one of his son's was messing with the socket. And, I guess, he got angry because he could have killed himself or whatever and he was saying that he grabbed his son and started strangling him, choking him. And he said, I guess, his hands was too big that he couldn't really put his hands around the neck real good. So he grabbed a belt and he used the belt to start strangling his son. And the daughter -- one of the daughter's, I don't know if it's the oldest or the youngest. The daughter walked in and he saw -- I guess, he saw the daughter, and then he grabbed her. And then it really got to me is when he said he choked the daughter so hard to where she turned purple.

374:22:25

RICK HUBBARD: Did he say he killed them?

384:22:27
394:22:28

RICK HUBBARD: Now, as to the belt. Do you recall -- to the best of your memory, was it the child who was messing with the outlets, or do you recall at this point in time?

404:22:39

TRAVIS PRESSLEY: I can't recall if it was the child that messed with the outlet or the youngest. I can't recall which one.

414:22:43

RICK HUBBARD: But you remember the belt?

424:22:44

TRAVIS PRESSLEY: I remember the belt.

434:22:46

RICK HUBBARD: He said he used a belt --

444:22:48

TRAVIS PRESSLEY: He used a belt.

454:22:48

RICK HUBBARD: -- one of his kids?

464:22:50

TRAVIS PRESSLEY: To my knowledge, I think it was the youngest one or young one, because I recall he said his hand was -- the neck was too small to where he couldn't get his hand around real good. So he had to use a belt.

474:23:02

RICK HUBBARD: Now, when this happened, were you all told to write stuff down?

484:23:06

TRAVIS PRESSLEY: We was told to write stuff down. Yes, sir.

494:23:08

RICK HUBBARD: And did you do that?

504:23:10

TRAVIS PRESSLEY: Yes, sir. I write the incident report.

514:23:14

RICK HUBBARD: And I'm going to show you what you've written. Just to show you and refresh your memory, too, about what you--

524:23:26

BOYD YOUNG: Objection, Your Honor. He has not, memory--

534:23:28

RICK HUBBARD: Well, I'll ask the question.

544:23:30

THE COURT: Ask the question.

554:23:32

RICK HUBBARD: Is the information about the belt and the daughter on there?

564:23:39

TRAVIS PRESSLEY: Do you want me to read it?

574:23:41

RICK HUBBARD: No, sir. No, sir. You can just look at what you wrote back then.

584:23:51

TRAVIS PRESSLEY: It's about the socket. Yes, sir.

594:23:53

RICK HUBBARD: About the socket and about choking --

604:23:56

TRAVIS PRESSLEY: The choking. Yes, sir.

614:23:56

RICK HUBBARD: -- the boy that messed with the socket?

624:23:58
634:23:59

RICK HUBBARD: Now, let me ask you about the additional information. When you wrote this statement, what was going on that you needed to write a statement?

644:24:05

TRAVIS PRESSLEY: Well, it was a lot of activities going on because we had, you know, other obligations to do, like feed. We had to do showers. We had other inmates that was coming in. So it was kind of busy that day to remember everything to write on the incident report. So we just had to write -- I just had to write what I remembered, because we had too many duties to do.

654:24:24

RICK HUBBARD: Was this something you had to do right then, get it done, and then move --

664:24:27
674:24:27

RICK HUBBARD: -- on to the next --

684:24:28

TRAVIS PRESSLEY: Yes. We had to do it right then.

694:24:29

RICK HUBBARD: And was part of the task still walking Mr. Jones through that process?

704:24:33
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RICK HUBBARD: Now, were there a lot of other folks around?

724:24:37

TRAVIS PRESSLEY: Yes. There were a couple of people around.

734:24:49

RICK HUBBARD: Okay. Do you remember what, if anything, he said he did to the daughter?

744:24:56

TRAVIS PRESSLEY: Just only that incident.

754:24:57

RICK HUBBARD: Okay. That he choked her --

764:24:58

TRAVIS PRESSLEY: Yeah. He choked her --

774:24:59

RICK HUBBARD: -- until she turned purple?

784:25:00

TRAVIS PRESSLEY: -- until she turned purple.

794:25:01

RICK HUBBARD: And did he say she died, as well?

804:25:03
814:25:06

RICK HUBBARD: That's all I've got at this time, Your Honor.

824:25:09

THE COURT: All right. Mr. Young.

CrossCrossTravis Pressley — Cross Travis Pressley Boyd Young

CROSS-EXAMINATION By Mr. Young:

844:25:13

BOYD YOUNG: Afternoon, Lieutenant Pressley.

854:25:17

TRAVIS PRESSLEY: Afternoon, sir.

864:25:21

BOYD YOUNG: I believe you said you've got about 20 years of experience in training in corrections?

874:25:26
884:25:26

BOYD YOUNG: And during that experience and training, you all were -- learned how to write reports?

894:25:32
904:25:33

BOYD YOUNG: You learned that report writing was going to be an important part of your job?

914:25:38
924:25:38

BOYD YOUNG: That your reports needed to be truthful?

934:25:41
944:25:42
954:25:42
964:25:43

BOYD YOUNG: They needed to be accurate?

974:25:45
984:25:45

BOYD YOUNG: That they needed to be reliable?

994:25:48
1004:25:48

BOYD YOUNG: Because corrections is a good transient job for some people, right? And there's a lot of people coming and going as far as employment goes?

1014:25:56
1024:25:57

BOYD YOUNG: And sometimes you don't know what happened or you weren't present when something happened and you have to go back and look at somebody else's report to rely on that to determine what happened?

1034:26:06

TRAVIS PRESSLEY: No. We don't have to do that.

1044:26:07

BOYD YOUNG: You don't think when people say write up a report about an inmate getting in trouble, maybe that officer's no longer there and somebody else has to rely on that report?

1064:26:16

BOYD YOUNG: You don't think that happens?

1074:26:18

TRAVIS PRESSLEY: Because -- no. Because each -- if something happens, so that means each of us got to write our own separate incident report.

1084:26:24

BOYD YOUNG: Sure. And those reports go to other people in the chain of command, right?

1094:26:30
1104:26:30

BOYD YOUNG: And those people rely on those reports to determine appropriate outcomes --

1114:26:34
1124:26:35

BOYD YOUNG: -- right? And decide whether or not an inmate's guilty or not guilty of a violation, right?

1134:26:39
1144:26:39

BOYD YOUNG: They rely on those reports?

1154:26:42
1164:26:42

BOYD YOUNG: Which is why it's important that they be truthful, accurate and reliable --

1174:26:45
1184:26:46

BOYD YOUNG: -- right? Now, there were other people present during -- you said this is right when Mr. Jones first arrived, right?

1194:26:54
1204:26:55

BOYD YOUNG: He gets off the van, he's in full shackles?

1214:26:58

TRAVIS PRESSLEY: I can't recall what he had on. Yeah, he had on -- yes.

1224:27:03

BOYD YOUNG: A belly chain?

1234:27:05

TRAVIS PRESSLEY: I can't recall. I know he probably had on handcuffs, a belly chain. Whenever they bring him in, I can't recall what he had on. But when they did bring him in, we had to put our own stuff on him. So I think they probably did have stuff on him like handcuffs --

1244:27:16

BOYD YOUNG: You've got to put your own stuff on him?

1264:27:19

BOYD YOUNG: Any time an inmate's out of their cell in MSU, they're in full restraints, right?

1274:27:21

TRAVIS PRESSLEY: Full restraints, yes.

1284:27:22

BOYD YOUNG: That includes ankle chains?

1304:27:25

BOYD YOUNG: It includes the belly chain?

1314:27:26
1324:27:27

BOYD YOUNG: It includes a box on the front of the cuffs?

1334:27:29

TRAVIS PRESSLEY: Black box. Yes, sir.

1344:27:29

BOYD YOUNG: Right. The black box?

1354:27:30
1364:27:31

BOYD YOUNG: So everything's like this (demonstrating), right?

1374:27:33
1384:27:33

BOYD YOUNG: And you have a dog leash that's clipped to the back of him to maintain control, right?

1394:27:37

TRAVIS PRESSLEY: A lead chain. Yes, sir.

1404:27:40

BOYD YOUNG: It's -- I mean, it looks like a dog leash?

1414:27:42
1424:27:42

BOYD YOUNG: Is that right?

1434:27:43

TRAVIS PRESSLEY: Yes, you're right. Correct.

1444:27:44

BOYD YOUNG: Okay. And anytime anybody's out of their cell, that's the -- it's mandatory that they --

1464:27:50

BOYD YOUNG: -- they be restricted in that fashion?

1474:27:52
1484:27:58

BOYD YOUNG: So Mr. Jones was in this fashion in the sally port and there are other officers present, right?

1504:28:05

BOYD YOUNG: There's Officer Boyd, right?

1514:28:08

TRAVIS PRESSLEY: Officer Boyd.

1524:28:09

BOYD YOUNG: And Officer Hawkins?

1534:28:11

TRAVIS PRESSLEY: Sergeant Hawkins, yes.

1544:28:12

BOYD YOUNG: And Officer Stroman?

1554:28:14

TRAVIS PRESSLEY: Sergeant Stroman wasn't there.

1564:28:15

BOYD YOUNG: Wasn't there?

1574:28:16

TRAVIS PRESSLEY: Wasn't around the area then.

1584:28:17

BOYD YOUNG: Okay. Everybody was asked to give a statement regarding what they had heard?

1604:28:25

BOYD YOUNG: And you wrote down the time that -- the incident, right?

1624:28:31

BOYD YOUNG: And that was at 2:20?

1634:28:32

TRAVIS PRESSLEY: Approximately 2:20.

1644:28:33

BOYD YOUNG: Approximately 2:20. So that's right when he got there, right?

1664:28:39

BOYD YOUNG: And then you list -- also listed the time that you wrote your report?

1684:28:43

BOYD YOUNG: And that was approximately 3:30?

1694:28:45

TRAVIS PRESSLEY: 3:30? Okay. Okay.

1704:29:03

BOYD YOUNG: You wrote your report at approximately 3:30?

1724:29:06

BOYD YOUNG: Not right as it happens?

1744:29:10

BOYD YOUNG: About an hour later?

1754:29:12

TRAVIS PRESSLEY: It can still be between 30 minutes to an hour later, but as long as we still get it within that timeframe.

1764:29:18

BOYD YOUNG: Sure. I thought your testimony was that you wrote it right then.

1774:29:21

TRAVIS PRESSLEY: Not right after we -- right after we finished with the incident, no.

1784:29:24

TRAVIS PRESSLEY: Once we get him situated and stuff, which was not that long, then we had to write it.

1804:29:29

BOYD YOUNG: Okay. So you got him situated at around 2:20, and then you wrote your report?

1814:29:35

TRAVIS PRESSLEY: Then, write the report.

1824:29:36

BOYD YOUNG: Okay. And that was at 3:30, correct?

1834:29:39
1844:29:41

BOYD YOUNG: Okay. Now, in your truthful, accurate and reliable report, you said, "He continued on stating that his oldest son was messing with the electrical socket," right?

1854:29:54

TRAVIS PRESSLEY: If it's on the report, yes.

1864:30:00

RICK HUBBARD: No objection to it going into evidence, Your Honor.

1874:30:08

BOYD YOUNG: I don't have a clean copy.

1884:30:10

BOYD YOUNG: "His oldest son was messing with the electrical socket to where Inmate Jones got angry --

1894:30:21

THE COURT: Whoa, whoa, whoa, whoa. Hold up. That's not a question.

1904:30:26

RICK HUBBARD: And, also, misread. It says older, not oldest.

1914:30:30

THE COURT: Ask questions. If you all can find a clean copy and you all want to put it into evidence, you can. You're editorializing a lot.

1924:30:40

BOYD YOUNG: Yes, sir.

1934:30:41

THE COURT: Move on.

1944:30:42

BOYD YOUNG: Lieutenant Pressley, you wrote down his oldest son was messing with the electrical socket? You don't need to look to him to answer the question.

1954:30:50

TRAVIS PRESSLEY: No. I'm looking at the report that he has.

1964:30:53

RICK HUBBARD: Again, he's entitled to a copy. I'll give him my copy.

1974:30:55

THE COURT: Yeah. Don't misread it.

1984:30:57

BOYD YOUNG: I'll put it on the overhead.

1994:30:59
2004:30:59

RICK HUBBARD: Well, if he wants to put it in evidence, he's got to do that to publish it and I have no problem with it.

2014:31:08

THE COURT: Well, you all have got all these highlights and stuff on it. That's why I thought you all didn't --

2024:31:10

RICK HUBBARD: I'll tell you what.

2034:31:10

THE COURT: -- want to put it in.

2044:31:10

RICK HUBBARD: I tell you what. Mine doesn't have it. I'll put mine in. Your Honor, I object to him publishing before it's in evidence. If you want to put this in evidence, put it up, clean. Is it going in evidence?

2054:31:32

BOYD YOUNG: Your Honor, the Defense offers number 126, Lieutenant Pressley's statement, into evidence.

2064:31:50

RICK HUBBARD: Certainly, no objection.

2074:31:54

THE COURT: Without objection. (Whereupon, Defense Exhibit number 126 was admitted into evidence).

2084:32:13

BOYD YOUNG: Lieutenant Pressley, can you see that from there?

2094:32:14

TRAVIS PRESSLEY: I can see it. Yes, sir.

2104:32:15

BOYD YOUNG: Is this where you said the oldest son was messing with the electrical socket?

2114:32:21

TRAVIS PRESSLEY: It looks like older.

2124:32:24

BOYD YOUNG: That looks like an R to you and not an ST?

2134:32:27

THE COURT: Wait a minute. It's his handwriting.

2144:32:28

BOYD YOUNG: It was Rick back here telling him it said --

2154:32:32

THE COURT: No, no, no, no, no. Don't argue with me. You ask him the question, it is his handwriting so ask him what he wrote.

2164:32:38
2174:32:39

BOYD YOUNG: Mr. Pressley, does that say older or oldest?

2184:32:41

TRAVIS PRESSLEY: It looks like older. O-L-D-E-R.

2194:32:49

BOYD YOUNG: His son was messing with the electrical socket. Is that right?

2204:32:54

TRAVIS PRESSLEY: Yes. Yes, sir.

2214:32:57

BOYD YOUNG: So that looks like a T there, right?

2234:33:03

BOYD YOUNG: But not as an R here?

2244:33:04

THE COURT: Let's don't cross-examine his handwriting. Come on.

2254:33:08

BOYD YOUNG: Judge, I am allowed to point it out.

2264:33:11

THE COURT: Move on.

2274:33:19

BOYD YOUNG: You wrote this statement back in September of 2014? September 12th, 2014. Is that right?

2284:33:27

TRAVIS PRESSLEY: If it -- yes, sir. If it's on there.

2294:33:31

BOYD YOUNG: Is that September the 12th, 2014?

2304:33:39

TRAVIS PRESSLEY: September the 12th of 2014. Yes.

2314:33:53

BOYD YOUNG: Okay. Now, you and the Solicitor talked about it didn't have any of this information about him having anything to do with his daughter in this statement, right?

2324:34:02

TRAVIS PRESSLEY: Because during that time, we had to quickly write it. We had to quickly -- we had too much stuff going on that day. So that's why I can only recall -- that's why it looks like that, like it's hand -- sloppy handwriting, because we had to kind of rush to get things done because we had a lot of things going on that day.

2334:34:19

BOYD YOUNG: Okay. After you got done that day, did you write a supplemental?

2344:34:22
2354:34:23

BOYD YOUNG: The next day, when you got to work, did you write a supplemental?

2364:34:26
2374:34:27

BOYD YOUNG: Any day between that day and April the 3rd, 2019, did you write a supplemental?

2384:34:36

TRAVIS PRESSLEY: No, sir. I don't think so.

2394:34:38

BOYD YOUNG: You never did that, correct?

2404:34:39
2414:34:40

BOYD YOUNG: And then on April the 3rd, 2019, that's when you met with Solicitor Hubbard?

2424:34:45
2434:34:46

BOYD YOUNG: And Suzanne Mayes?

2444:34:48
2454:34:50

BOYD YOUNG: And Mat Martin?

2464:34:51
2474:34:51

BOYD YOUNG: And there was another guy there named Shawn Graham?

2484:34:53

TRAVIS PRESSLEY: Yes, sir. I think so.

2494:34:56

BOYD YOUNG: You met with all them and that's when you recalled these new details, right?

2504:35:00

TRAVIS PRESSLEY: I remember the details. I only write what I recall that day. I only write what I could write, but I remember the details clearly afterwards.

2514:35:10

BOYD YOUNG: You never reported them to anybody until --

2534:35:12

BOYD YOUNG: -- you met with them, right?

2544:35:14
2554:35:15

BOYD YOUNG: Is that right?

2564:35:16

TRAVIS PRESSLEY: That's right.

2574:35:17

BOYD YOUNG: Okay. You didn't tell the psychiatrist at MSU?

2584:35:22

TRAVIS PRESSLEY: No, sir. They've got their own agenda to do. So we don't interfere and involve in them.

2594:35:29

BOYD YOUNG: Okay, Tashiro Inabinet, one of the case workers, you never told him?

2614:35:31

BOYD YOUNG: Jim Page, one of the caseworkers --

2634:35:33

BOYD YOUNG: You never told him?

2644:35:34
2654:35:44

BOYD YOUNG: Now, your statement didn't include anything -- you don't remember anything about him saying that the kids were going to cut their mother up and feed them to the dog, right?

2664:35:52
2674:35:53

BOYD YOUNG: You didn't hear anything about that?

2694:36:29

BOYD YOUNG: Now, do you recognize these as being medical records from the South Carolina Department of Corrections?

2704:36:33

RICK HUBBARD: I object to that question. If he knows it's Tim Jones' medical records and he has knowledge of what those records are. Otherwise, I object. This is the wrong witness.

2714:36:44

THE COURT: If he says, no.

2724:36:46

TRAVIS PRESSLEY: No. We don't get involved in medical.

2734:36:50

BOYD YOUNG: Okay. You don't get involved in medical?

2744:36:51

TRAVIS PRESSLEY: We don't get involved in medical.

2754:36:53

THE COURT: Fair enough.

2764:36:53

BOYD YOUNG: So if medical says that they talked to Tim Jones at 12:50 on --

2774:36:59

RICK HUBBARD: Objection.

2784:37:00

BOYD YOUNG: -- 9/12/2014, that would be inaccurate, right?

2794:37:03

TRAVIS PRESSLEY: They talked to him on 12:50?

2804:37:06
2814:37:06

RICK HUBBARD: Judge --

2824:37:06
2834:37:06

THE COURT: Wait a minute. Wait a minute. I didn't hear your question. He said object and you kept right on going.

2844:37:12

RICK HUBBARD: He's now going into the medical stuff. I object.

2854:37:16

BOYD YOUNG: I'm going to ask him what time -- if he's -- if medical says that they saw him at 12:50, that would be inaccurate.

2864:37:22

THE COURT: We need a break. Why don't you all step into the jury room. (Whereupon, the jury was excused from open court for a break.)

THE COURT: All right. I'm not sure about the medical records. I don't know where you're going. He's testified. What are you trying to do?

BOYD YOUNG: I'm trying to impeach his testimony.

THE COURT: I don't understand.

BOYD YOUNG: He says he saw -- Tim Jones came to the facility at 2:20 in the afternoon when Tim, in fact, got to the facility at 12:50. He was seen by no less than -- he had an appointment at 12:50, he had another appointment with further medical people at 13:03, he had a mental health clinic at 13:08, he had another mental health clinic at 14:07, he had another doctor's clinic at 14:07, he had an inside appointment at 14:07, he had a lab clinic at 14:08 and he met with the mental health clinic at 14:21. All things which he says are impossible.

THE COURT: No, he didn't.

BOYD YOUNG: It is if he got there at 14:20.

THE COURT: It's not impossible. He didn't say the word impossible. He said when he talked to him. You've got records that say otherwise. It doesn't make anything impossible.

BOYD YOUNG: If he wasn't there, then he couldn't have talked to him.

THE COURT: We're going to stop when he objects and you keep going. And then when he's talking -- you interrupt, too, Solicitor. I want you all to quit this. You all are being very unprofessional towards one another. The two of you all, stop it.

THE COURT: I've had enough. Be professional. The jury deserves better. The trial deserves better. It's not appropriate. All right. How are you going to impeach him -- if he's not familiar with the medical records. If you can deal with that, that's fine. There's something you can do other than reading your report and saying all of this stuff.

BOYD YOUNG: I can say, well, if the report says that he met with medical staff at 12:50, that report would be wrong because you said he got there at 2:20. If the report says that he met with a doctor at 13:03, that would be wrong because he wasn't there yet, he doesn't get there until 2:20. If the medical report says that he met with --

THE COURT: All right, all right. One example's enough.

BOYD YOUNG: Yes, sir.

THE COURT: I feel like you're being a little bit of a smart aleck.

THE COURT: I mean, you're rattling off very, very rapidly. I understand you've got to advocate, but -- okay. One or two is sufficient.

BOYD YOUNG: Your Honor, just tell me what -- how --

THE COURT: Slow down. You're talking so fast, you're wearing Joy out and me out. That's why I kind of lost track of where you were going because -- we'll take a couple of minutes and you figure out how you're going to do it.

RICK HUBBARD: May I look at what he's got?

THE COURT: Yes. I think you all need to make sure of where we're going. You sit tight.

THE COURT: We'll be back in here in a couple of minutes.

(Whereupon, a short break was taken.)

THE COURT: Are y'all ready?

THE COURT: Very well. Bring the jury. (Whereupon, the jury came into open court at approximately 2:05 p.m.)

THE COURT: You all ready to continue? Mr. Young, still your witness.

BOYD YOUNG: Thank you, Your Honor. CONTINUE CROSS-EXAMINATION

3164:47:53

BOYD YOUNG: So, Lieutenant Pressley, if all of this happened when he first got there, it would have been impossible for him to have met with a nurse at 12:50, right?

3174:48:02

TRAVIS PRESSLEY: At 12:50? Yes. Now, can you give me the times?

3184:48:10
3194:48:10

TRAVIS PRESSLEY: Okay. What nurse was it?

3204:48:12

BOYD YOUNG: 12:50 p.m.

3214:48:14

TRAVIS PRESSLEY: What nurse or what was the--

3224:48:18

BOYD YOUNG: -- Timothy G. Burkhart, registered nurse one.

3234:48:22

TRAVIS PRESSLEY: What was the date? The same date?

3244:48:23

BOYD YOUNG: 9/12/14.

3254:48:25

TRAVIS PRESSLEY: Anything after the, anything after the incident of 2:00 -- the time being on--

3264:48:34

BOYD YOUNG: -- sure. I'll get to the incident time.

3274:48:35

TRAVIS PRESSLEY: Okay. Go ahead.

3284:48:39

BOYD YOUNG: Okay. But that one -- that one would have been impossible, right?

3294:48:42

TRAVIS PRESSLEY: It would, yes.

3304:48:43

BOYD YOUNG: And it would have been impossible for him to have a physical exam on 9/12/14 at 13:03, which you understand to be 1:03 p.m., right?

3324:48:58

BOYD YOUNG: That would have been impossible, right?

3344:49:05

BOYD YOUNG: It would have been impossible for Tim to have a mental health clinic meeting at 9/12/14 at 13:08 with Wanda F. Sermons and Tonya Hill?

3364:49:23

BOYD YOUNG: It would have been impossible for him to have another meeting with the mental health clinic on 9/12/14 at 14:07 by Wanda Sermons?

3374:49:33

TRAVIS PRESSLEY: Yes. But can I just say something?

3384:49:35
3394:49:35

TRAVIS PRESSLEY: If they did all that, that would have probably been before he came to us, because there is a different medical area, too. So I can't recall those times because we have three different medical areas.

3404:49:49

BOYD YOUNG: I thought you met him with the deputies coming into the building for the first time --

3414:49:52

TRAVIS PRESSLEY: In the MSU.

3424:49:53

BOYD YOUNG: -- Brian Sterling there, all that stuff.

3434:49:55

TRAVIS PRESSLEY: You're right, but I don't know where they carried him before. So I can't answer that.

3444:49:59

BOYD YOUNG: I thought you said he came from Lexington? Lexington --

3454:50:03

TRAVIS PRESSLEY: This is a closed -- MSU is a closed area. So we don't see what's coming in, what's coming -- we see what's coming in and what's going out, but we don't see what was going on in that area. Now, if they did something prior before he came to us, I don't know anything about it.

3464:50:19

BOYD YOUNG: So you think he went someplace else in Kirkland other than --

3474:50:22

TRAVIS PRESSLEY: If he came to Kirkland before he came to us, they'd probably take him to medical -- to another medical facility before he came to us somewhere on the Kirkland compound. If that's possible. I don't know. I can't tell you.

3484:50:33

BOYD YOUNG: So he was still under the care of Lexington County deputies being walked around --

3494:50:37

TRAVIS PRESSLEY: I don't know.

3504:50:37

BOYD YOUNG: -- the Kirkland -- that's your testimony, though, right?

3514:50:38

TRAVIS PRESSLEY: No. I mean, he's not going to be walking around if he's in Kirkland. So I can't tell you what happened because we're in a confined area. I don't know what's going on outside.

3524:50:50

BOYD YOUNG: So, maybe it wasn't right when he got there?

3534:50:53

TRAVIS PRESSLEY: Maybe what? Say again.

3544:50:53

BOYD YOUNG: Maybe it wasn't right when he got there when you all had this incident? Is that what you're saying?

3554:50:57

TRAVIS PRESSLEY: We only do what we do when he come in to us. I don't know what else happened prior before he came. So if what you reading, maybe that happened earlier before he came. I can't recall.

3564:51:15

BOYD YOUNG: Is your area called Kirkland Max?

3574:51:18

TRAVIS PRESSLEY: Maximum security unit, yes.

3584:51:19

BOYD YOUNG: Yeah. So it would have been impossible for him to have an inside appointment on 9/12/14 at 14:07 in Kirkland Max with Dr. Beverly Wood?

3594:51:33

TRAVIS PRESSLEY: It could because everybody was there. So they probably could. They could have just talked to him prior to me.

3604:51:37

BOYD YOUNG: They talked to him like outside the gate?

3614:51:40

TRAVIS PRESSLEY: Well, what we do he's still -- like you said, like they had belly chain, the whole nine yards. If the psychiatrist or anybody wants to see him, they see him when he's in a type of room.

3624:51:53

BOYD YOUNG: Okay. Is that before you all did the strip search and all that stuff?

3634:51:56

TRAVIS PRESSLEY: Afterwards.

3644:51:57

BOYD YOUNG: I thought you did all that first.

3654:51:58

TRAVIS PRESSLEY: Yeah. Afterwards.

3664:52:00

BOYD YOUNG: Okay. Now, this was at 14:07, right?

3674:52:02

TRAVIS PRESSLEY: I don't know.

3684:52:04

BOYD YOUNG: Okay. If there was a report about him being with Wanda Sermons, a registered nurse, at 14:08 in Kirkland Max, that would have been impossible, right?

3694:52:16

TRAVIS PRESSLEY: Not necessarily. See, this is what -- I'm trying to think because it's been a while.

3704:52:20

BOYD YOUNG: It has been.

3714:52:21

TRAVIS PRESSLEY: When they brought him in everybody was there. So I can -- I know a nurse was there, the psychiatrist was there, all -- Director Sterling was there. So I'm trying to think back. When we bring him in, we bring him to medical, but everybody could have still had a little talk with him. So I can't recall, because there was too much going on, but all those individual's names was there.

3724:52:42

BOYD YOUNG: Okay. But all the other stuff that you didn't write down, you independently remember?

3734:52:47

TRAVIS PRESSLEY: Yeah, I remember.

3744:52:49

BOYD YOUNG: Okay. Beg the Court's indulgence.

3754:52:53
3764:52:54

BOYD YOUNG: That's all the questions I have.

3774:52:59

THE COURT: All right.

3784:53:01

RICK HUBBARD: No further questions.

3794:53:04

THE COURT: You may step down.

3804:53:05

RICK HUBBARD: Thank you, sir. (Whereupon, the witness steps down from the witness stand).

RICK HUBBARD: Thank you, sir. The State calls Officer Ben Boyd.

Continue to next page10.Benjamin Boyd — Direct/Cross (Recall)