5.Adam Creech — Direct (Part 2)
541 linesADAM CREECH, being first duly sworn, testified as follows:
COURT CLERK: Once you're seated, state your full name, spelling your last.
ADAM CREECH: Anthony Adam Creech. Creech is C-R-E-E-C-H.
DIRECT EXAMINATION BY MR. MADSEN:
ROBERT MADSEN: Sergeant Creech, where are you employed?
ADAM CREECH: I'm employed with the Lexington County Sheriff's Department.
ROBERT MADSEN: And how long have you been at the sheriff's office?
ADAM CREECH: Ten years this August 24th.
ROBERT MADSEN: And, obviously, you're a sergeant. Did you start off as a sergeant there?
ADAM CREECH: No, I didn't. In my time at the sheriff's department, I began like most deputies do as a six lead patrol deputy. I moved through as a field training officer, a master deputy, a criminal investigator and now, I'm currently a sergeant of investigations. I currently supervise our special victim's unit.
ROBERT MADSEN: And so back in August, September of 2014, you were a detective back then?
ADAM CREECH: In August of 2014, I was a detective. I believe I had been a detective for about two months, give or take. I was relatively brand new in that position.
ROBERT MADSEN: And you were assigned this case at that point in time, correct?
ADAM CREECH: I was. The original report in this case was filed on September 3rd, 2014. It was assigned to me as a missing persons case on September 4th, 2014.
ROBERT MADSEN: So it would be fair to say you were the chief investigating officer?
ADAM CREECH: That is correct. I am the chief investigator in this incident.
ROBERT MADSEN: And as you said, you received this case on 9/4 of 2014. And at that point in time, it was just assigned to you as a missing persons case, correct?
ADAM CREECH: That's correct. On September 4th, 2014 when I received this case for investigation, it was titled as a missing persons report. All indications at the time were that Mr. Jones and his children had possibly just left town. The initial reporting parties had no indications they could state at the time there were any concerns for anybody's safety.
ROBERT MADSEN: And the initial reporting, I believe, came through Tim's father and maybe also a school?
ADAM CREECH: Little bit of a complicated answer to that. So earlier that day on the 3rd, there was a welfare check called in by Beth Houck. I believe she was the principal or assistant principal at Saxe Gotha Elementary School where Merah, Eli and Nahtahn all attended school. Then Master Deputy Nicholson and Constable Lawrence Markey did respond out there with Ms. Houck and attempted to do a welfare check. Nobody was home. Late that same evening, Timothy Jones, Sr. called again and spoke to Sergeant Black, one of our west region patrol supervisors, and just kind of explained what was going on. He ended up calling Master Deputy Smith, who is a south region supervisor on duty at the time, and he actually sent him to the home of Ms. Kyzer, she was Amber Jones still back then, to file the initial missing persons report at Russell Rowe Road, I think was the name of the street.
ROBERT MADSEN: And that's how in the end it comes to you, correct?
ADAM CREECH: Correct.
ROBERT MADSEN: And so once you get the case, you begin to interview witnesses, friends, family, work individuals, such as that?
ADAM CREECH: So initially, it's pretty typical in a missing persons case just to make some phone contact with family, coworkers. I spoke to I believe it was --
ROBERT MADSEN: Jim McConnell?
ADAM CREECH: Jim McConnell first.
ROBERT MADSEN: And he's the fellow from Intel?
ADAM CREECH: Yeah. He would be Timothy's supervisor at Intel. And then I know in order, I then spoke with Timothy Jones, Sr. and then I think the following day is when I first was able to make contact with Ms. Kyzer.
ROBERT MADSEN: And after speaking with Jim McConnell, were you able to determine any type of relationship that Tim had with his children from him?
ADAM CREECH: Give me a second.
ROBERT MADSEN: Sure.
ADAM CREECH: Mr. McConnell indicated to me that he believed Timothy's home life kept him pretty busy and pretty stressed. But he said, ultimately, he believed Timothy loved his children.
ROBERT MADSEN: I think his words were "loved his children immensely"?
ADAM CREECH: That is correct. That would be what I wrote.
ROBERT MADSEN: And he put you in contact with, I guess, a Ben Wyne?
ADAM CREECH: Yes.
ROBERT MADSEN: And he was Intel security, correct?
ADAM CREECH: Yes. So Mr. McConnell offered the services of Ben Wyne, Intel's internal security, I guess, kind of internal affairs. Mr. Wyne was a former law enforcement officer and he just wanted to know if there was anything they could do as a company to assist with this. Ultimately, he was able to review Timothy's work emails. I think they ended up reviewing like 12,000 emails. They didn't find anything that was of any interest to us, so that was really the extent of Mr. Wyne's involvement.
ROBERT MADSEN: When you say nothing interesting, there was something unusual about the fact that in those 12,000 emails weren't any personal emails, correct?
ADAM CREECH: Correct. Mr. Wyne did note that there was no personal activity on his work email. I guess from his perspective, most employees would have had some kind of personal correspondences even in their work email.
ROBERT MADSEN: And just so the court reporter knows, Wyne is spelled, I believe, W-Y-N-E, correct?
ADAM CREECH: Correct, W-Y-N-E.
ROBERT MADSEN: And you attempted to make contact with Amber, but couldn't get in touch with her, correct?
ADAM CREECH: Correct. I believe I left her a voice mail on the 3rd and I was able to speak with her -- I mean, I'm sorry, the 4th and I spoke with her on the 5th.
ROBERT MADSEN: And you ended up speaking with Tim, Sr --
ADAM CREECH: Correct.
ROBERT MADSEN: -- Tim's dad? And you asked him about any issues about depression or mental illness with Tim?
ADAM CREECH: I did.
ROBERT MADSEN: And you eventually ended up driving to South Lake?
ADAM CREECH: That is correct.
ROBERT MADSEN: And you kind of looked around the residence?
ADAM CREECH: I did. When I got to the residence, it was kind of like it had been at the welfare check. There were no vehicles there. When I went to the front door, it was unlocked. Just as a safety concern, I checked the residence and there were no signs of anybody currently staying in the home. In fact, it looked kind of disheveled. Sheets were missing off the beds. There wasn't any apparent indication anybody was staying there at the time.
ROBERT MADSEN: And after you spoke with Amber, you kind of reached out to Georgia Tech, I believe, to see if Tim had an application there, correct? Or was pending enrollment, I guess?
ADAM CREECH: That's correct. When I spoke to Amber, she did mention to me that he had possibly applied for Georgia Technical College, I guess. And I did confirm that through an admissions counselor.
ROBERT MADSEN: But he had not completed that enrollment?
ADAM CREECH: He had not completed that enrollment, no.
ROBERT MADSEN: Let me jump forward a little bit to the 6th then. I guess you were at home when you get a call from the sheriff's office front desk, front lobby in reference to a call from Marty Patterson in Mississippi?
ADAM CREECH: Correct. So it was a Saturday night, I wasn't working. I received a call from the front desk of the sheriff's department. Now, I know that that would have been highly unusual back then. I was so new to this that it didn't dawn on me that this was anything unusual. Sherry Fallaw was the front desk worker that night and she told me there had been an NCIC hit sent on the missing person case I had involving Timothy Jones and his five children. And she had a name and number for Under Sheriff Marty Patterson with the Smith County Sheriff's Department and requested that I give him a phone call.
ROBERT MADSEN: And you mentioned an NCIC hit. Under the missing persons, someone is put in NCIC saying if they get pulled over, hey, call us, we've got questions, correct?
ADAM CREECH: That would be correct.
ROBERT MADSEN: And so you ended up calling the Under-Sheriff?
ADAM CREECH: I did. I called Under-Sheriff Patterson and he told me that a couple of his deputies had been working a traffic safety check point and had stopped Mr. Jones. Upon determining that he was a missing person, they had asked him about his children. They said that they also had him detained for suspicion of DUI and possession of spice. They said when asked about his children, he had said initially he didn't have any children, which, obviously, they were concerned because of the NCIC entry and had seen a diaper box in the vehicle with his name on it. While I was on the phone with Mr. Patterson, I could actually hear Mr. Jones, Timothy in the background speaking. Under-Sheriff Patterson actually related to his deputies while I was still on the phone to ask him again and that's when his story changed and he came back and said he had three children, but they were with friends in South Carolina.
ROBERT MADSEN: And you put the Under-Sheriff at some point in time, I guess, in contact with, at that point in time, your supervisor, Sergeant Laintz?
ADAM CREECH: Yes. Actually, Sergeant Laintz was not my direct supervisor. He was a supervisor on one of the other teams in the major crimes unit that was actually on call that weekend. So I called then Sergeant Laintz and told him what we had going on, what our concerns were because when I had spoken with Under-Sheriff Patterson, he had told me that there was an extreme smell of decomposition in the vehicle and that he had concerns from his experience what that possibly indicated with Mr. Jones saying that he didn't have any children. So I gave Sergeant Laintz kind of the rundown of what I had done on this case up to this point. I ended up shooting him an email summary. And he said he'd make some phone calls and they'd run down some stuff until we figured out what exactly was going on and whose ultimate law enforcement jurisdiction would be responsible going forward.
ROBERT MADSEN: And that email summary contained information about Tim's mother?
ADAM CREECH: It did. When I had spoken to Timothy Jones, Sr., he had told me that Timothy's mother had a history of mental illness and he had always had suspicions that Timothy could potentially follow in her footsteps and he always kept a close eye on him as a result.
ROBERT MADSEN: And he thought that he might have -- or suffer from some type of undiagnosed mental illness?
ADAM CREECH: Yes. He said that was a possibility.
ROBERT MADSEN: And you relayed that information to Sergeant Laintz?
ADAM CREECH: That is correct.
ROBERT MADSEN: And then at some point in time, you end up receiving photographs of some items out of Tim's vehicle, correct? Like receipts?
ADAM CREECH: That's correct. That initial conversation with Sergeant Laintz would have been on September 6th, 2014. The following day, September 7th, 2014, I think it was about 2:00 in the afternoon -- I had spoken to Sergeant Laintz earlier that morning and Lieutenant Frier, who is the next person over Sergeant Laintz. About two o'clock, they said -- they called me back and said that there had been a search warrant conducted on Timothy's vehicle down in Mississippi and that as a result of that, they had taken some pictures of some receipts and some notes and it was giving them reason to believe that if a crime had occurred, it had occurred in Lexington County. At that point, they asked me if I'd be willing to come in even though it was my day off. And of course, I said absolutely. So I went to the sheriff's department and kind of briefed everybody else who was there and we did look at a series of notes and receipts from the vehicle.
ROBERT MADSEN: And you list those in your report, or a number of those, correct?
ADAM CREECH: I did.
ROBERT MADSEN: And just to go over that, I guess there was a receipt or something indicated on September 1st of 2014 that Tim had been in Spartanburg?
ADAM CREECH: That's correct.
ROBERT MADSEN: And that on the next day, the 2nd, that he was in Athens?
ADAM CREECH: That's correct, Athens, Georgia.
ROBERT MADSEN: And then on the 3rd, in West Columbia?
ADAM CREECH: That's correct. That would actually be the Wal-Mart in West Columbia, specifically.
ROBERT MADSEN: And then, I guess, later on the 3rd, Lake City, South Carolina?
ADAM CREECH: That's correct. That would be Advance Auto Parts.
ROBERT MADSEN: And then on the 4th, in Camden, South Carolina?
ADAM CREECH: Yes. That would be the L&W Mart that I believe we had the clerk testify --
ROBERT MADSEN: That's that lady, Denise Atkinson, that had spoken --
ADAM CREECH: Correct.
ROBERT MADSEN: -- earlier? And then on the 4th, also, in Orangeburg?
ADAM CREECH: And that would be the Dollar General that's been spoken about previously.
ROBERT MADSEN: And then later on, of course, back in Lexington?
ADAM CREECH: Correct. On the 4th, he had two back-to-back State Federal Credit Union transactions.
ROBERT MADSEN: And then on the 6th, I guess, in Alabama?
ADAM CREECH: Correct, Bypass Food Mart in Greenville, Alabama at 8:18 that morning.
ROBERT MADSEN: And then, also, on the 6th, Mississippi, I guess, Taco Bell?
ADAM CREECH: Well, before that on the 6th, at 1:06 p.m., he was at the Community Neighbor Bank in Camden, Alabama. And then at 6:09 p.m. that same night, he had a receipt for the Taco Bell in Laurel, Mississippi.
ROBERT MADSEN: And then just looking at those, you kind of thought hey, there doesn't appear to be a rhyme or reason why he's traveling back and forth to the Lexington area during that timeframe, correct?
ADAM CREECH: Our initial impression based on what we knew or didn't know at the time, we didn't really know if there was a pattern or not a pattern to him going back and forth.
ROBERT MADSEN: And now -- at that point in time, you had no idea that the kids were deceased?
ADAM CREECH: No. I mean, based on what was described to me about the vehicle, I certainly -- I mean, realistically, I wasn't hopeful. I was prepared for the worst, but hoping for the best.
ROBERT MADSEN: And we know now the kids were in the car that entire time?
ADAM CREECH: Yes. The children would have been in the car that entire time. In fact, they would still be in the vehicle when the missing person report was filed and it was assigned to me for investigation.
ROBERT MADSEN: And based on those driving -- that's just the receipts out of the car. I believe y'all supplemented them later with some phone records, correct?
ADAM CREECH: Correct.
ROBERT MADSEN: So after you get all that, I think your next step is, once you have these receipts, to kind of reach out to other areas and say hey, can I get video or something showing the person there, like with Ms. Atkinson, like with Ms. Owens, correct?
ADAM CREECH: Yes. I made contact with investigators at several sheriff's departments throughout the state, South Carolina and Georgia, in reference to possible surveillance video and other detectives working the case, some of which have already testified, who were responsible for later meeting up with those individuals and actually getting copies of that video.
ROBERT MADSEN: And then on the 7th, also, you have another conversation with Amber, correct?
ADAM CREECH: I do. So to back track and not leave anything out since we're going fairly chronologically, I had spoken to Amber on the 5th and she said that she was going to go to their scheduled child visitation at Chick-Fil-A on Saturday at 6:00. And she had called me later that day and left me a voice mail.
ROBERT MADSEN: Said he hadn't showed up?
ADAM CREECH: To say he hadn't showed up. And so I spoke to her again on the 7th when we had this new information developing, correct.
ROBERT MADSEN: And you had asked her about Tim's prior mental health history, correct?
ADAM CREECH: I did. She said that she believed he had possibly seen a psychiatrist at one point in South Carolina. I would find out later that that was related to their divorce. She said he had a -- he may have received some kind of treatment for what -- she used the word bipolar disorder, but she said she ultimately wasn't sure. And she did mention that he all -- at that same time, that he had a history of cocaine abuse.
ROBERT MADSEN: You ended up -- on the 8th, you and Agent Mackey and Dave Lawrence from SLED, the decision was made for y'all to go to Mississippi, correct?
ADAM CREECH: That's correct. Dave Lawrence from South Carolina Law Enforcement Division, he was a lieutenant then, myself and Special Agent David Mackey, who testified on Friday, the three of us got selected to drive down to Smith County and try to interview Timothy. The local law enforcement tried to interview him the night before and felt like they hadn't really gotten anywhere. So we were going to drive down and try again. At that time, we still believed if a crime had occurred, it had probably occurred in Lexington County at his residence.
ROBERT MADSEN: And Agent Lawrence is a polygrapher with SLED?
ADAM CREECH: He was trained as a polygrapher. I don't think that's his primary duty assignment. He did bring his polygrapher equipment in case we decided to use it, but it's pretty unusual for us to actually use polygrapher equipment in most criminal investigations.
ROBERT MADSEN: And to get to Mississippi, about an eight-hour drive, I'm guessing?
ADAM CREECH: Yeah, I remember it being somewhere eight, nine hours. It was a pretty lengthy drive.
ROBERT MADSEN: And y'all kind of made plans on what you're going to do when you get down there, correct?
ADAM CREECH: We discussed quite a bit amongst ourselves. Of course, with a case like this, everybody back home was like you had kicked over a fire ant bed. My phone, I don't know if it went five minutes without going off and somebody calling to tell me something or ask me something or give some kind of direction in the case. While we were on the way, we did formulate some ideas -- some general ideas of what we planned to do with the interview once we got down there.
ROBERT MADSEN: And then once you got to Mississippi, you kind of got a briefing on what had gone on, correct?
ADAM CREECH: We did. When we got down there, we kind of had a round table discussion with the Smith County Sheriff's Department personnel that were involved in the case and the Mississippi Bureau of Investigation personnel involved in the case. I believe Special Agent Bobe, that testified yesterday, was also at that briefing.
ROBERT MADSEN: And then I think after that briefing, you went out and you kind of reviewed the vehicle -- or went to a multi-purpose building and reviewed the vehicle yourself?
ADAM CREECH: I did. Stacy Jones that testified last week with the Mississippi Bureau of Investigation, their forensic technician back then, she did drive me to where they were keeping Timothy's vehicle so that I could review it and all the evidence retrieved from the vehicle in this case.
ROBERT MADSEN: And you were going to interview Tim, but you decided you weren't going to use his dad in that interview, correct?
ADAM CREECH: Correct. We knew that his dad had been used the night before in that interview. We had talked about that on the way down there, but that was not anything we ever planned because that's a highly unusual interview tactic. I guess you could call it using a third party intermediary. We didn't see where that was necessarily productive the night before, so we didn't plan on repeating that.
ROBERT MADSEN: And you sat down with Tim at about 7:30?
ADAM CREECH: Yes, I do believe it was about 7:30.
ROBERT MADSEN: And that's central time there, correct?
ADAM CREECH: Central time, yes.
ROBERT MADSEN: And Tim didn't initiate that interview, y'all went and got him?
ADAM CREECH: That is correct.
ROBERT MADSEN: And I think on the way to Mississippi, you had stopped and gotten a little hand-held recorder, correct?
ADAM CREECH: Correct. So this is something we'll talk about again here shortly. Just a little bit of background. So in 2014, it was not the standard practice for us to video or audio recorded interviews. Again, I had only been in investigations a couple of months, so I was pretty early with this, but had done enough to know that that was not normal procedure with the sheriff's department. We were about halfway in this trip and I received a call from Lieutenant Frier telling me to record the interview. We weren't sure what kind of recording capabilities the Smith County Sheriff's Department would have available, so we did stop at a local Wal-Mart on the way and purchased a digital tape recorder.
ROBERT MADSEN: And you told Tim once you met him that you were going to record the interview?
ADAM CREECH: Correct. We did tell him that we were going to record the interview because we weren't sure at the time if Mississippi was a one party consent state.
ROBERT MADSEN: And you presented him his Advice of Rights?
ADAM CREECH: That's correct.
ROBERT MADSEN: And someone -- I think it was Mackey who went over that with him?
ADAM CREECH: Yes. Special Agent Mackey, I believe he testified to this Friday, he went over the Advice of Rights form. And Timothy acknowledged it, agreed to speak with us. I believe his words were, yes, yes, I know I'm self-incriminating myself. He agreed to speak with us. We started speaking. There was a lot of small talk, what we call rapport building, about employment, jobs, health, just kind of dropping the tension, building a rapport with him before we jumped into the topic. About 20 minutes or so into the interview, the Miranda form had been sitting in front of him, and he reached forward and pulled it and signed it.
ROBERT MADSEN: And during the course of -- I mean, you interviewed him multiple times, correct?
ADAM CREECH: That's correct, probably more than anybody else in this case.
ROBERT MADSEN: And -- well, you're the chief investigating officer, so that would be pretty much normal, wouldn't it?
ADAM CREECH: It would.
ROBERT MADSEN: And at times while he was speaking, his speech could be kind of fast?
ADAM CREECH: It could. He and I talked about at one point. He mentioned to me that people felt like he was kind of a fast talker. I never had any issues keeping pace with him, but I've got a tendency to be a fast talker, too. In fact, I have to make a conscious effort not to --
ROBERT MADSEN: Sometimes --
ADAM CREECH: -- get too fast today.
ROBERT MADSEN: I'm sorry. Sometimes, he could kind of go off on a tangent or talk about something that was kind of irrelevant?
ADAM CREECH: He could. Sometimes you'd be talking about topic A and he would stray into topic B, but I found usually you could kind of keep him on task if you paid attention to that.
ROBERT MADSEN: And I think we even heard on the tape, at one point in time, he kind of stutters?
ADAM CREECH: I've heard mention that he stutters, again, that's something I'm prone to as well, so I don't know that I would have paid particular attention to him stuttering.
ROBERT MADSEN: And during the interview -- I know you've got a typewritten report, but you took handwritten notes, also, correct?
ADAM CREECH: I would have had handwritten notes at one point, yes.
ROBERT MADSEN: And that's what you used to turn in your report?
ADAM CREECH: That is correct.
ROBERT MADSEN: And I would assume normal protocol, you would have shredded those notes after you put them in your report?
ADAM CREECH: Correct. I don't keep any of my handwritten notes, but everything is translated in my report.
ROBERT MADSEN: And I think your report indicates that you tried to start the recording after you had gone over his waiver?
ADAM CREECH: Correct. So we tried to start the recording early in the interview, then as the interview proceeds, we speak with Timothy at some length, as Special Agent Mackey testified to, after some initial denials and beating around the bush, Timothy finally admits that he did kill the children and goes into some intimate details about what took place. We talk about that for a while and, actually, as we -- after that, we had gone back and forth with him at some length trying to parse out what the location may have been and we determined it was in Alabama between Camden and Greenville. Shortly after we had kind of gone through all that, we realized at that time that we needed to check the recorder. And to my embarrassment to this day, we thought it had been running the whole time, it actually had not ever been turned on properly, but it was the first time we'd ever used it. I know my nerves were through the roof, but I'll take the blame on that.
ROBERT MADSEN: And that was about an hour and 45 minutes into the interview, correct?
ADAM CREECH: That sounds about correct, yes.
ROBERT MADSEN: Because it was about a two-and-a-half-hour interview total and we know we've got about 45 minutes that are taped?
ADAM CREECH: That's correct.
ROBERT MADSEN: Let me jump back then, and you kind of mentioned this, you kind of started off with asking him about his job, correct?
ADAM CREECH: That's correct.
ROBERT MADSEN: And he seemed to be engaged when he was talking about his job, especially kind of the technical minutia?
ADAM CREECH: Yes. So when we initially entered the room, he was -- I can't remember if he was brought in after we were -- actually, I believe we were in there already deciding where we were all going to sit and he got brought in. He was clearly very nervous. I actually think I described him as on edge. So he sat down. So right off the bat, I knew that we weren't going to jump right in to talk about the kids because he didn't seem like he was in a place where I believed we were at a point to have that kind of rapport with him where he'd open up to us about that. So a lot of time in interviews like this, when I get a read like that on somebody, the first thing I'm going to do is talk to them about work or family. Obviously, family is not a great topic in this case. But general things so you just kind of get to know them a little bit. When we started talking to him about work, his nervousness dropped considerably. It, obviously, relaxed him a little bit, but we didn't jump straight into talking about the children.
ROBERT MADSEN: That seemed to calm him down and make him more comfortable?
ADAM CREECH: Absolutely.
ROBERT MADSEN: And then I believe you kind of talked about his general health? I think he talked about some stomach problems or Crohn's Disease?
ADAM CREECH: He told me he might have Crohn's Disease. He talked about some GI issues.
ROBERT MADSEN: And you know from looking at the car that, I guess, there were some medicines that related to issues like that?
ADAM CREECH: Correct. I think there was some general antacids and that kind of medication.
ROBERT MADSEN: And at some point in time, the issue of spice came up, didn't it?
ADAM CREECH: It did. I don't remember if he brought it up or we brought it up, but the topic of nonprescription drug use came up and he mentioned that he did use spice. And then he went into great lengths to explain to me that -- the difference between spice and marijuana. And he explained how spice contained an artificial version of THC. And he went into explanation about how it affected receptors on the human brain. It was probably the first time I've ever had somebody get into a breakdown of the biological effects of drugs and the chemistry behind it, so I thought that was pretty unusual.
ROBERT MADSEN: I think your report said that he didn't use spice, he used Scooby Snax, which he somehow differentiates?
ADAM CREECH: Yes. And I apologize, let me clarify. He did say Scooby Snax, which he made a point to distinguish from spice. I mean, they're one in the same really.
ROBERT MADSEN: Yeah, six of one, half dozen of the other.
ADAM CREECH: They're both artificial cannabinoids.
ROBERT MADSEN: Kind of six of one, half dozen of another, but that spice monitor seemed to kind of bug him that, I wasn't using spice, I was using Scooby Snax?
ADAM CREECH: It did. And I had had enough experience dealing with spice as a patrol deputy, which I had just been very recently prior to this. Spice and bath salts were pretty prevalent at the time, so I was familiar with both.
ROBERT MADSEN: And he told you he purchased them from Time Warp legally?
ADAM CREECH: That's correct. Time Warp is where he said he purchased his Scooby Snax from, which is a local establishment that used to be in West Columbia.
ROBERT MADSEN: And that was something that you were -- you were familiar with Time Warp?
ADAM CREECH: I was. Because when we were dealing with spice pretty heavily, I believe that was one of the main locations a lot of people were purchasing it from.
ROBERT MADSEN: And that place has been put out of business since then?
ADAM CREECH: I do believe it has.
ROBERT MADSEN: And the fact that it -- that the Scooby Snax were legal seemed important to him, didn't it?
ADAM CREECH: Yes. He made very specific -- went to very specific length to explain that Scooby Snax was legal even if spice in general was not. At the time, the laws were having trouble keeping up with artificial cannabinoids on the market. I think some experts explained there were a number of versions in and once one version would become illegal, they would tweak it a little bit until it was technically a different compound with similar effects and would remarket it. And I guess Scooby Snax was the current rendition of what that was available locally.
ROBERT MADSEN: And he told you that he used the Scooby Snax to kind of self-medicate himself?
ADAM CREECH: He did. His exact words were he used it for self-medicating, what he referred to, "Voices in my head. And he said it was used to level himself out."
ROBERT MADSEN: And he said also -- I think like you said, he used it to quell the voices in my head?
ADAM CREECH: Yeah -- quell wasn't his word, that was my word in the report. It was the same context.
ROBERT MADSEN: And y'all talked about some of his mother's psychological problems, didn't you?
ADAM CREECH: That's correct. He brought this up. And I had known from the night before when they interviewed him on the 7th, he brought his mother up during the interview. And, of course, I had the background from Timothy, Sr. that he had brought up during the interview. At this time, when myself and Special Agent Mackey were speaking to Timothy, he did bring up his belief that he may have inherited psychological problems from his mother. And when he talked about his mother, he got very emotional and very -- at least, appeared to be upset. And whereas the work topic calmed him down, this topic very much amped him back up. And he said, "I think I've got some of what she has."
ROBERT MADSEN: And he had mentioned to you that she had had a series, apparently, of breakdowns when she was near his age?
ADAM CREECH: I do -- I don't remember if I can attribute that to Timothy or his father, but one of them did tell me that she had had a series of psychological breakdowns at Tim's age.
ROBERT MADSEN: And at some point in time, I guess he told you if you could find out what was wrong with her that you might be able to find out what's wrong with him?
ADAM CREECH: Correct. And as I'm looking here, to back up on that last question, Timothy did tell me this. I think I ended up hearing it from both of them at one point.
ROBERT MADSEN: About the breakdowns?
ADAM CREECH: Yeah, I didn't see it just now.
ROBERT MADSEN: And as you've said, that -- the topic of his mother seemed to upset him?
ADAM CREECH: Correct. And I'll note, just because we're a little out of order here, this is about when he pulled the Miranda form to himself and signed the form.
ROBERT MADSEN: And when you say upset him, does that mean he's crying?
ADAM CREECH: I believe, if I remember, there's a little bit of crying. Certainly, his speech pattern changed a bit. His voice broke a little bit. Certainly, he had been a fairly -- it had been a fairly calm demeanor up until that point.
ROBERT MADSEN: And you said at that point in time, he kind of takes the form and signs it?
ADAM CREECH: Correct. And he once more, as he signed it, told us that he knew he was incriminating himself.
ROBERT MADSEN: And that was about 20 or 30 minutes in, wasn't it?
ADAM CREECH: Correct.
ROBERT MADSEN: At that point in time, y'all bring up the children, don't you?
ADAM CREECH: We do. We started asking about the children. Kind of like talking about his mother, this topic upset him quite a bit as well. His voice began to waiver again. He actually -- I do know that he was crying a bit at this point.
ROBERT MADSEN: He was crying heavily at that point, wasn't he?
ADAM CREECH: Crying heavily. His body language -- he had been fairly calm after initially coming in, that initial nervousness. His body language had kind of leveled out. At this point, he starts, I guess, vibrating, for lack of a better term, and bouncing, almost like when you're dealing with somebody who's nervous about something and they're trying to expel all that nervous energy. But that was his reaction once we start speaking about the children.
ROBERT MADSEN: And y'all end up talking about Nahtahn, correct, and him telling you about being afraid?
ADAM CREECH: Correct. So when we started speaking about the children, he told us that -- he told us he was afraid of the children. And he said he had picked the oldest three children, which, again, would be Elias, Merah and Nahtahn up from school on the afternoon of August 28th, 2014. And he said he had picked up the youngest two children from his neighbor, Christine Ehlke's house. He said at home later that night, he attributed -- he said that his son, Nahtahn, threatened him. And threatened was his word. And the statement he attributed to Nahtahn was, when I grow up, I'm going to kill you. And then he told me that his son, Elias, said, I'm going to -- "going to cut people up and feed them to dogs." And then --
ROBERT MADSEN: And he --
ADAM CREECH: Oh, no, I was going to say he then -- he started telling us about Nahtahn messing with electrical outlets in the home and he believed that Nahtahn was, "Up to something."
ROBERT MADSEN: And you challenged him at that point in time and said, they're just kids. How can they pose a danger to you?
ADAM CREECH: Not exactly. So fast-forwarding a little bit, we --
ROBERT MADSEN: Doesn't your report say in that next paragraph, I asked him, Timothy, how his children could pose a danger to him?
ADAM CREECH: Yes, I'm sorry. I'm getting in my own head ahead of things with some other statements that come in later.
ROBERT MADSEN: We'll go through them.
ADAM CREECH: Yeah, he did say -- I did ask him how the children could pose a danger to him.
ROBERT MADSEN: And he told you that the kids were extremely intelligent?
ADAM CREECH: He said they were extremely intelligent. And then he referred to a recent incident -- turned out there was an incident report with this with the sheriff's department that's been brought up where his youngest son, Gabriel, has walked away from the babysitter's house and had been caught going up South Lake. They think maybe he was going to Saxe Gotha Elementary School. Timothy said this was not normal behavior for a two-year-old. He said this was an example of how intelligent the children were.
ROBERT MADSEN: And that that's why they posed a danger to him?
ADAM CREECH: Yes. He said this was the reason he felt they posed a threat to him.
ROBERT MADSEN: And he told you that he felt the kids were conspiring to kill him?
ADAM CREECH: Yes, he did. He said that he believed they were conspiring to kill him the night of August 28th, 2014. He said that's why he drove them to Wal-Mart, the nearby Wal-Mart, which would be the Wal-Mart in Red Bank, and said he abandoned them in the parking lot and drove away.
ROBERT MADSEN: And he had also told you that he felt that maybe Nahtahn was up to something and was possibly experimenting with -- basically, experimenting with the electricity as a possible means to electrocute him in his sleep?
ADAM CREECH: Yes. He referenced the issue with the outlets. He believed that it was Nahtahn attempting to find a way to electrocute him in his sleep.
ROBERT MADSEN: And so after that, that's when Agent Mackey kind of said hey, I believe you killed those children and kind of confronted him, correct?
ADAM CREECH: That is correct. Agent Mackey, for the first time in the interview, gave a very direct accusation. He said, I believe you killed those children. Timothy was surprised at this. It was like he didn't know how to respond to this. It was kind of a brief moment of silence. And after that, his behavior started to amp up again. He got more erratic. He tried to change the topic, which seemed very evasive. This was -- you know, it was like he didn't want to talk about this once confronted with it. Special Agent Mackey and I both remained very calm and focused and kind of kept him on that path because we weren't going to let him change the topic and not get into this at this point.
ROBERT MADSEN: Well, he was raising his voice? He was saying very loudly how afraid he was of the children, correct?
ADAM CREECH: Yes, he was saying he was afraid of the children. But after a few minutes of us not reacting to the outbursts, he started to calm down noticeably.
ROBERT MADSEN: Well, you describe it as pretty loud behavior, don't you?
ADAM CREECH: Correct.
ROBERT MADSEN: And, in fact, you believe that it was similar to the behavior you heard about the night before, isn't that correct?
ADAM CREECH: Yes. They had described his behavior as being kind of wild and erratic the night before. I wasn't there, so I don't know exactly to what level, but the way they described it, this seemed probably the closest to that that I saw during my encounters with Timothy.
ROBERT MADSEN: And he had been in custody there for, I guess, a couple of days or close to it?
ADAM CREECH: Yeah, a couple days, give or take, that sounds about right.
ROBERT MADSEN: And he's crying at this point in time?
ADAM CREECH: He is.
ROBERT MADSEN: And at that point in time, Agent Mackey kind of -- he went over those receipts that y'all had found out of the car?
ADAM CREECH: Correct. He was confronted with the Wal-Mart receipts. When he was confronted with things like the muriatic acid, specifically, and saws, he said the saws were for cutting limbs in the yard. He said the muriatic acid was etching PVC. He kind of had an explanation for everything on the receipt.
ROBERT MADSEN: And y'all had showed him the handwritten notes, also, correct?
ADAM CREECH: We did. He actually very quickly acknowledged that that was his handwriting. We had him read the notes out loud. And what was notable was he read the notes and he didn't seem to show any reaction or response to what was written on the notes. It was just a very flat tone like he wasn't surprised about the content.
ROBERT MADSEN: And you actually even confronted him with kind of the biological evidence? In other words, the blood that y'all had found?
ADAM CREECH: Correct. So the notes, Special Agent Mackey dismissed the explanation for the notes and the Wal-Mart -- his explanations for the Wal-Mart items and said he believed they were for getting rid of bodies. And then I confronted Timothy with the blood that was found in the vehicle. As previous witnesses have testified to, there was a lot of blood in the vehicle, a lot of signs of decomposition. He had previously told the officers the night before that it was possibly from an animal. When we confronted him on the night of the 8th, he similarly said it was from an animal. I had known from speaking with Stacy Jones earlier that day that they already outsourced some of the biological samples to a local lab called Boscales Biolab and they had gotten some presumptive tests indicating the material was human. So I confronted Timothy with this after he said it was probably from an animal. And he quickly said, oh, it's from a cut. Other than the fact that he didn't have any cuts that we could see, a cut wouldn't account for that shear level of blood in the vehicle. And I confronted him with that. I told him there was enough blood in the vehicle, it couldn't have been from a cut. And he acknowledged it and didn't say anything else about it.
ROBERT MADSEN: And at that point in time, you kind of changed tactics and started to emphasize self-defense while you were speaking with him, didn't you?
ADAM CREECH: We did -- or I did, specifically. There's a little bit of background in that. So one of the people we had spoken to over the phone on the way down for this interview was a behaviorist from SLED. And he had kind of given us a range of suggestions and ideas on how to approach the interview and topics to bring up. And one of the things he had suggested was to offer a minimized explanation for what had happened. Because we knew that the children were probably dead, they were dead, he had probably killed them. And that's a hard thing to get somebody to admit to in an interrogative setting. So one of the suggestions was to throw out this -- especially since he was already setting a foundation that he was afraid of the children, he thought they were going to try to harm him. So I tried to throw out self-defense as a very direct offer. And I went through a pretty detailed explanation about -- I think I specifically told him that we had no doubts he had killed them. And that if he killed them, he had to have had a good reason. And I quoted protection of persons and property act. I kind of oversold it a little bit and a little bit of that was on purpose because I wanted to gauge his reaction. And he actually got a pretty -- I described it as a him, disgusted tone and he almost kind of looked perplexed and cocked his head and he said, but they're just kids.
ROBERT MADSEN: And so you disregarded that at that point in time?
ADAM CREECH: Yes. In my opinion, I believe that that indicated the fear of the children wasn't as significant as he was claiming it was.
ROBERT MADSEN: Well -- and you started to talk with him about a lot of the major life stressors and how someone in his position with five children could easily become overwhelmed, didn't you?
ADAM CREECH: Correct. And that was another level of rapport building on my part, is that I keyed in on that pretty early that who wouldn't be stressed in that situation, having five children and a high stress tech job and a single parent. So I tried to use that to kind of further our interactions and rapport with him and kind of use that to kind of bring the stress level down a little bit more as well since they had raised back up at this point.
ROBERT MADSEN: And you say bring the stress levels down, but he was very emotional at that suggestion, wasn't he?
ADAM CREECH: It was emotional in a less erratic way. It seemed to strike a cord with him, like he kind of shook his head in acknowledgment of what I was saying.
ROBERT MADSEN: And he was crying?
ADAM CREECH: And he was crying a little bit at that point.
ROBERT MADSEN: And you actually told him, hey, I'm not there to judge you. We're simply trying to find out -- to understand what happened to the children and finding them so that they can properly be put to rest, didn't you?
ADAM CREECH: That's correct.
ROBERT MADSEN: At that point in time, I believe Agent Mackey starts placing photos in front of him, doesn't he?
ADAM CREECH: He does. I believe the photos are in evidence and they're photos that have been put in the media quite a bit in this case. But they were the initial photos that I had been given as part of the missing persons report. And Special Agent Mackey had started putting those pictures down in front of him. And he got really upset over being presented with those pictures, actually, raised up in his chair quite a bit. He was handcuffed in the front, so there's not a whole lot of movement he can do, but he actually rose up several inches, got really hysterical and began yelling, keep them away from him.
ROBERT MADSEN: I mean, he's coming out of the chair. He's sobbing hysterically. He's saying, keep them away from me. Correct?
ADAM CREECH: At that point, Special Agent --
ROBERT MADSEN: I mean, he genuinely appears to be terrified?
ADAM CREECH: He's behaving that way.
ROBERT MADSEN: You don't put in your report that Timothy appeared to be genuinely terrified of the photographs of his children?
ADAM CREECH: His behavior is indicative of that.
ROBERT MADSEN: And you showed him Defendant's 102 at that point in time, did you not?
ADAM CREECH: I did.
ROBERT MADSEN: And when you showed him that photograph, what did you say to him?
ADAM CREECH: This is the only one of the pictures that Timothy was depicted in and this is with -- I believe this is Gabriel in the photo. I showed him that picture -- and at this point, I kind of keyed in that Special Agent Mackey was kind of the more direct, kind of bad cop, if you will, even though I think he seemed like a pretty nice guy. But it's just that image, federal agent, he's the one getting in there saying you killed them, you did this, you did this. I'm taking a more understanding, kind of patience, non-demeaning approach, so I'm kind of inserting myself as kind of the good cop in the scenario. So when this picture came up, I -- what I -- like I said, I quote this to him myself, I said, "Tim, you know what this picture shows me? This picture shows me a man who obviously loves his children and if he killed them, he did it because he felt like he had no other choice at the time." Again, trying to give him sort of a hook to minimize what took place and start to tell us what happened.
ROBERT MADSEN: Well, he's sobbing heavily at this point in time, isn't he?
ADAM CREECH: He is.
ROBERT MADSEN: And at some point in time, he kind of says hey, guys, let's just cut to the chase?
ADAM CREECH: Correct. So Special Agent Mackey immediately went into confronting him with the Wal-Mart receipts again. And Tim was still crying quite a bit. And just one of the wildest things I've ever seen in terms of a demeanor shift. It was like you had flipped a light switch. He just completely calmed down and he very calmly, he said, "Guys, let's cut to the chase." And we asked him what he meant. And he said, "You're not going to find them." We asked him why and he said, "Because they're deceased."
ROBERT MADSEN: And you told him that you need to understand what happened so you can find the children, correct?
ADAM CREECH: Correct. And that had been another strategy that had been suggested by the SLED behaviorist, that if we could get him to talk about what happened to the children that one of the big things we needed to push was that we needed to find the children so that we could bring them back home, get them a proper burial, put them to rest, which I think that's where we would have gone anyways because it would have been the appropriate thing to do under the circumstances.
ROBERT MADSEN: And Tim told you after he said that, he said, Guys, this wasn't premeditated?
ADAM CREECH: That's correct. That was his -- the quote that I attributed to him was this was not premeditated.
ROBERT MADSEN: And if I understand, none of this is recorded at this point in time? You don't know that it hasn't been recorded?
ADAM CREECH: No. The recorder was off to the side. At the angle, it looked like the red light was on, but it was just a reflection of the light in the room.
ROBERT MADSEN: Coming through the red --
ADAM CREECH: Yeah.
ROBERT MADSEN: -- I don't know, button or whatever they call it, the glass, plastic? And he told you about, basically, Nahtahn and the outlets, blowing the outlets, correct?
ADAM CREECH: Yeah. He went on to talk about Nahtahn and the outlets again in a little bit more detail. He said that he believed that Nahtahn was, "Up to something, "wouldn't come off it. So he PT'd his ass."
ROBERT MADSEN: And when we say PT'd, we're talking about exercising him?
ADAM CREECH: Yes, he described it specifically like push-ups and squats and later he used the word hitting and spanking as well.
ROBERT MADSEN: And when he says "wouldn't come off of it", he wouldn't admit why he had blown the outlets? That's what we're talking about when we say he wouldn't come off it?
ADAM CREECH: Correct. He was talking about the outlets. He said he pushed the child for hours because he wouldn't -- wouldn't tell about the outlets.
ROBERT MADSEN: And he went over with you how Nahtahn died?
ADAM CREECH: Yes. He said he had pushed him for hours and said, I "pushed him too far." And he said he sent him to bed and claimed that he later went to check on him and said he was deceased.
ROBERT MADSEN: And at that point in time, Mackey says to him hey, this isn't about Nahtahn not coming off of it. Correct?
ADAM CREECH: Correct. Special Agent Mackey says, "This was not about you being afraid of your children. This is about Nahtahn coming off of it." Timothy's response was, Yes. And then Timothy said, "This was all because Nahtahn would not come off of it."
ROBERT MADSEN: But Nahtahn not coming off of it, we're talking about Nahtahn not coming off of playing with the outlets in an attempt to electrocute his dad, correct? I mean, that's what he's trying to get out of him, is why are you doing this?
ADAM CREECH: So Timothy had earlier referenced, obviously, when he first brought up the outlets that it was because of his fear Nahtahn was trying to hurt him. He didn't bring that angle up at this point. He just seemed really focused on the fact Nahtahn wouldn't tell him what happened with the outlets and why. He actually used the word defiant to describe the child when he was talking about the PT. And then it was a really odd statement, at one point, he says, " One of the five would have grown up to do something bad. Me killing them prevented that."
ROBERT MADSEN: And that seemed really odd to you, didn't it?
ADAM CREECH: Of course.
ROBERT MADSEN: But you took as him implying that maybe the kids would grow up to have some sort of mental illness?
ADAM CREECH: I did. That was my impression at the time.
ROBERT MADSEN: And that seemed odd?
ADAM CREECH: It did. I don't think that's a good rationalization of what took place.
ROBERT MADSEN: And at that point in time, he kind of took you through, when you asked about the other children, and he told you how he had strangled them?
ADAM CREECH: Correct. He went into a detailed explanation. And you guys have all heard about how he strangled the other four. He said he started with Elias. As he was strangling Elias, he stated that Elias said, "Daddy, I want to go with." He told us next he sought out Merah, who he then told us he also manually strangled with his hands. And while doing, as has been previously testified to, she said, "Daddy, I love you." And he initially told us he killed the youngest two children, the babies, the same way. Later, he clarified for us that he had actually used a belt. When we asked what belt, his response was, I don't know. I have a lot of belts. But he did admit that when he did kill the children, it was on August 28th, 2014, and it was at his residence, which was South Lake Drive, which is in Lexington.
ROBERT MADSEN: And he still seemed uncertain regarding Nahtahn's exact cause of death, is what he expressed to you?
ADAM CREECH: He did. I noted at the time that I felt like it was kind of unusual that he could be so blatant about how the four died, but he wouldn't explain Nahtahn. Looking back on it, I can see a number of reasons that could be the case. At the time, he suggested that maybe Nahtahn had electrocuted himself with the outlets. He actually used the word, "Sucked all the electrolytes out of his body." He's a pretty intelligent guy. In hindsight, I don't see where he would have necessarily believed something like that. But that was his suggestion at the time.
ROBERT MADSEN: But you had placed in your report, Timothy seemed genuinely uncertain regarding Nahtahn's exact cause of death?
ADAM CREECH: That was my impression at that moment.
ROBERT MADSEN: And he told how, after that, he had smoked Scooby Snaxs to kind of calm the voices in his head?
ADAM CREECH: He did. So we initially spoke about -- the message he had sent his father, I think was introduced yesterday, about he had too much to do and that's why he wasn't coming to town that weekend, whether or not that had to do with his dilemma about what to do with the children. He said yes. And then he went on to tell us this was also why he told his neighbor, Christine, on the 2nd that she couldn't talk to them. Because, at that point, of course, they were already deceased. He then told us at that point that he had smoked Scooby Snax that he mentioned that he uses after killing the children. He said it was to, "calm the voices in his head."
ROBERT MADSEN: And he had told you how he had wrapped the children in sheets and blankets and placed them in his car?
ADAM CREECH: He did. He said he used the sheets and blankets off their beds and he wrapped them up and stacked them in the vehicle.
ROBERT MADSEN: And you would ask him, what were you thinking at the time? And he said, I wasn't thinking. I didn't care if I got caught.
ADAM CREECH: That's correct. He did say -- I quoted him with this, I wasn't thinking. I didn't care if I get caught. We talked about whether or not he had ever done anything to any of the bodies, which he denied. But he did make a comment at that time that he was, "not very careful with them as they were already dead."
ROBERT MADSEN: And you asked him, hey, with all this going on, why didn't you get any help? And he kind of mistook that question, didn't he?
ADAM CREECH: Correct.
ROBERT MADSEN: In other words, he started telling you that Amber didn't want the kids and that he had kind of had a rocky relationship --
ADAM CREECH: Yeah, just --
ROBERT MADSEN: -- with his dad --
ADAM CREECH: -- glancing at this --
ROBERT MADSEN: -- but that wasn't your intent of the question, was it?
ADAM CREECH: -- I didn't want to misspeak. So we did ask him -- so initially, he made a comment about what he thought should happen to him. He mentioned a couple of possibilities. I'm not going to say. And in light of this, I did make the comment -- he did make the comment of I think I need help. And then he went on to explain to us that this wasn't the first time he had thought about harming the children. We asked him as a follow-up, you know, why he didn't previously seek any help. And at the time, he seemed to interpret that as physical help with the children, like childcare-type stuff. Because then he went on to explain that he had a rocky relationship with his own father and family and that, you know, at least, insinuated that the children's mother didn't want to be an active part of their lives.
ROBERT MADSEN: And you told him, No, that's not what we were talking about. You were talking more mental health kind of stuff?
ADAM CREECH: Yes, I was inquiring more of potential psychiatric issues if those were valid. And his response was, "Because I thought I could manage it on my own." And he mentioned at that time about how he had seen a psychiatrist briefly after his divorce. And during that, we kind of asked him what his thoughts were about what happened to the children. And to me, this was a pretty notable statement of his. He said, "Part of me says I'm their father and no father should do this to his children. Part of me says fuck it, they're already dead."
ROBERT MADSEN: And he had also told you that he had been told numerous times that he needed psychiatric help?
ADAM CREECH: He did.
ROBERT MADSEN: And he told you -- or y'all explored about the fact that the children were in the car from August 28th until September 6th, correct?
ADAM CREECH: That's correct.
ROBERT MADSEN: And that he drove around with them in the car no matter where he went?
ADAM CREECH: That's correct. He said he was driving around, I believe he described it as fairly aimless, but he said at the time, he was trying to come up with ideas and plans of what he was going to do with the bodies.
ROBERT MADSEN: And you thought that that was fairly consistent with what you had seen in the vehicle with all the kids being in the car?
ADAM CREECH: Correct. The vehicle was definitely indicative that they had probably been in there for a week.
ROBERT MADSEN: And y'all went back and talked to him about, say, the Wal-Mart receipt and some of the notes, didn't you?
ADAM CREECH: We did. We went back and talked with him about the items on the receipt again. This time, he did acknowledge that he had purchased all those things from the Wal-Mart and that his intent had to be to use those items to dispose of the children. His exact word was, "Dispose of the evidence." He said that he had purchased the garbage bags on the -- so the Wal-Mart purchase was on the 3rd. The garbage bags from Dollar General was on the 4th. He said those were specifically purchased to get rid of the remains. Notably, he said, "I had some of my own trash to throw away, too." And then we asked him about the smell. Because some other witnesses had testified the smell in his vehicle was pretty significant. His comment to us was that you just learn to ignore that after a while.
ROBERT MADSEN: That smell would knock you off your feet, even when you saw the vehicle?
ADAM CREECH: When I was exposed to it, it had been airing out for a couple of days, yeah, about knock you off your feet.
ROBERT MADSEN: But he also told you that those kind of plans that had been formulated, that he just couldn't follow through with them?
ADAM CREECH: He did. He said, ultimately, he just put the children in garbage bags and tossed them off in a wooded access road.
ROBERT MADSEN: And you told him at that point in time what he did was terrible, but you also told him again that it wasn't your place to judge him for what he did?
ADAM CREECH: That's correct. I did tell him that. Again, you know, he said this, he's admitted to what most people would agree is a pretty egregious thing. But at that point -- my goal at this point is that we've still got to find those children and bring them home. So I can't get emotionally invested and reactive to what he's just admitted to. I've got to stay in my role. So again, the empathetic approach to this interview -- and again, it's not my role to judge him for what he did. It's just be a finder of what happened and let's find those children and let's get them home.
ROBERT MADSEN: And that's what you told him is hey, we need to find the children and that they deserve a proper burial?
ADAM CREECH: I did. I once more harped on the notion that he needed to help us put these children to rest, which is what they deserved. That they deserved better than being thrown in garbage bags in the woods.
ROBERT MADSEN: And Tim wanted to help you find them and put them to rest, didn't he?
ADAM CREECH: He did. I mean, he agreed with us that what he had done wasn't what they deserved. And I think, at the very least, he realized that at this point, he had admitted what he had done and that there was no reason for him not to help us find the children.
ROBERT MADSEN: And, in fact, he even seemed eager, didn't he?
ADAM CREECH: Yes, I would say the more involved we got trying to find the location, he did get very engaged and very eager for us to find the spot and take us to the children.
ROBERT MADSEN: And you told him that confessing and helping to find the kids was the right thing to do?
ADAM CREECH: I did.
ROBERT MADSEN: And so y'all kind of -- at that point in time kind of tried to, I guess, kind of step back in time and start figuring out kind of where the kids might be?
ADAM CREECH: We did. So there was kind of a key incident that I think occurred or, at least, he says occurred. And I think this is significant to the timeline of what happened. He had mentioned this to the officers on the night of the 7th. I don't know if it came up in their testimony or not, I can't remember. But Timothy told us -- at this point, he repeated the story, that on the night of September 6th, he was driving through Georgia or Alabama and he pulled over on the side of the road and he got stuck in the ditch. He said that he should have been caught then because he said a local law enforcement officer got out with him and was concerned that he might have been under the influence and kind of had a loose suspicion of possible DUI. He said the homeowner -- there was a homeowner, I guess a residence right there where he got stuck in the ditch had come out and talked to him already. He came out and vouched for him and said, hey, look, this guy's not a problem. Just let him call a tow truck and get wenched out of the ditch and it will be fine. He said he paid for a tow truck in cash and they came and pulled him out. But he said at that point that he knew he had almost been caught and that he needed to get rid of the children at that point. So the next day -- we had talked about receipts, the previous receipts mentioned from the Bypass Food Mart in Greenville, Alabama, at 8:18 a.m., the Community Neighbor Bank in Camden, Alabama at 13:06 p.m., which would be 1:06 p.m. He had mentioned that they were with him at the Food Mart, but they were not with him at the Community Bank. So we had a pretty reasonable belief that somewhere in between those two, he had -- would have been the disposal site.
ROBERT MADSEN: Let's not jump to the next day yet. I've got a few more questions.
ADAM CREECH: Sorry.
ROBERT MADSEN: That's okay. The idea with the wrecking of the car and the police officer, y'all weren't ever able to confirm that, were you?
ADAM CREECH: We weren't. We tried. Of course, to an extent kind of like a needle in a haystack because I can't imagine would want to come forward and say hey, I was that guy and probably should have arrested him for DUI, but didn't.
ROBERT MADSEN: But Tim didn't seem to have any reason to lie about it even though you couldn't confirm it?
ADAM CREECH: Yeah, it was a story that didn't seem to serve any purpose one way or another, so we just kind of -- I, at least, personally took it as a probable fact.
ROBERT MADSEN: At that point in time, you kind of give him laptops to try to help kind of figure out the area?
ADAM CREECH: We did. He seemed convinced that if he got access to some kind of topographical maps or something that showed elevation changes that he would be able to find the location on a map. We're still looking at a pretty big search area.
ROBERT MADSEN: And I think you might have brought him like an Apple laptop first and he gets frustrated --
ADAM CREECH: I think so.
ROBERT MADSEN: -- and he gets frustrated with that --
ADAM CREECH: He got frustrated with the Apple device and specifically requested something with Windows or Android operating system. And I kind of remember joking with him about that because I feel the same way about Apple products.
ROBERT MADSEN: You don't like Apple products either?
ADAM CREECH: No. I think they're kind of clunky.
ROBERT MADSEN: And during this time, he would kind of have occasional outbursts, but you believe that those were appropriate emotional responses, correct?
ADAM CREECH: I mean, for somebody who had just admitted to having killed their children and under the circumstances, I felt like some of his responses were appropriate.
ROBERT MADSEN: And that's about the point in time you realized hey, the recorder is not on?
ADAM CREECH: It is. We actually were planning on concluding the interview and realized that the tape recorder of probably the best interview we'll ever conduct was not recording.
ROBERT MADSEN: And so you start again?
ADAM CREECH: That's correct.
THE COURT: Let's take a break right now. It's the middle point of the interview. Step in the jury room. Don't talk about the case. We'll have you back out here in ten to 12 minutes.
(Whereupon, the jury was excused for a break.)
(WHEREUPON, a short break was taken.)
THE COURT: Ready for the jury?
ROBERT MADSEN: Yes, sir. (Whereupon, the jury came into open court at approximately 3:30 p.m.) CONTINUE DIRECT EXAMINATION
By Mr. Madsen:
ROBERT MADSEN: So kind of go back over and taped from there on out, correct?
ADAM CREECH: Certainly. Where we left off, that's where we had learned about the issue with the digital recorder. I don't remember if it was my idea or Special Agent Mackey's idea, but we asked him if he would be willing to allow us to start a second recording and be successful and actually kind of do a summary of what we had spoken about up until that point.
ROBERT MADSEN: And at some point, you asked him why he confessed and he told you because he wanted to do the right thing?
ADAM CREECH: I believe so, yes.
ROBERT MADSEN: And so everyone's heard that audio taped interview, so I'm not going to go back through all of that. But you asked him if he had killed the kids on purpose and he had always maintained -- and he maintained that Nahtahn was an accident, correct?
ADAM CREECH: That is correct. He does maintain during that recording that Nahtahn was an accident.
ROBERT MADSEN: And he even kind of took that -- I don't know what I did with that -- that picture right there, he even kind of took that picture and used it as far as, you know, think of me with Nahtahn like this?
ADAM CREECH: Yes. He used it as a demonstrative aid and said --
ROBERT MADSEN: And he told you that he had killed the children because of the voices?
ADAM CREECH: Correct.
ROBERT MADSEN: And you've seen Defendant's 103?
ADAM CREECH: I have.
ROBERT MADSEN: Which these were given to you by Agent Lawrence, correct?
ADAM CREECH: That's correct.
ROBERT MADSEN: And you utilized these 38 questions and asked him before you recorded everything and then I think you went back through these after you recorded?
ADAM CREECH: Yes. So that was a tool that was also given to us by the behaviorist from SLED. He had mentioned that on the trip down about this questionnaire. While we were in the interview, at some point over the duration of the interview, he had sent them to Lieutenant Lawrence by email. Lieutenant Lawrence printed a copy and gave them to us during the interview. And we used them during the interview was the first time I had ever seen those questions.
ROBERT MADSEN: And those were used to document someone's mental state?
ADAM CREECH: It was explained to me that they had some role in that, yes.
ROBERT MADSEN: And you went through them twice?
ADAM CREECH: I did, because the first time would have been on the first recording. And then we started over, it was easy to just ask those questions again.
ROBERT MADSEN: And he gave the same answers almost identical both times?
ADAM CREECH: Yeah, I recall the answers being close enough that it wasn't -- it wasn't any real discernable differences to document.
ROBERT MADSEN: And one of those questions were did he know it was against the law?
ADAM CREECH: That's correct.
ROBERT MADSEN: And he said, Hey, I wasn't thinking about the law then.
ADAM CREECH: That was part of what he said.
ROBERT MADSEN: And I think one of your other questions -- or one of the other questions was, would you have done it if a law enforcement officer was right there?
ADAM CREECH: That's correct.
ROBERT MADSEN: And I think your example was would you have done it if you were arm-to-arm with an officer?
ADAM CREECH: Correct. I think I said elbow-to-elbow, but it's the --
ROBERT MADSEN: Elbow-to-elbow.
ADAM CREECH: -- same idea, yeah.
ROBERT MADSEN: And he said, Yeah, because I saw myself as a target at that point in time?
ADAM CREECH: And I believe he said that he thought Nahtahn was holding a gun.
ROBERT MADSEN: Kind of like if Nahtahn was holding a gun on him?
ADAM CREECH: Something like that.
ROBERT MADSEN: And you asked if he had any unusual mental experiences when he did it and he said yeah. Is that correct?
ADAM CREECH: Yeah, it is correct. I haven't -- since the actual recording, I haven't studied that section in much detail.
ROBERT MADSEN: And he talked more about the voices in his head?
ADAM CREECH: Correct.
ROBERT MADSEN: And you had asked him if he had any hallucinations that night and he told you, no, just voices?
ADAM CREECH: Correct, he just said voices.
ROBERT MADSEN: Let me show you what's been marked Defense ID 129, you didn't have -- well, do you recognize that entire --
RICK HUBBARD: May I see that?
ROBERT MADSEN: Yeah, I'm going to make sure he can ID it first.
ADAM CREECH: I recognize the question portion, which is 1 through 38 -- I mean -- yeah, 38. I don't really recall the beginning portion or the ending portion here.
ROBERT MADSEN: Well, you didn't have the beginning or the ending that night, correct?
ADAM CREECH: I don't think I did. I think -- in fact, we actually had these printed on a -- this is a Powerpoint. We actually had it printed four slides to a page.
ROBERT MADSEN: But you received those later --
RICK HUBBARD: If I could interject for just a moment. We can expedite this. What was actually used is in evidence as a Defense Exhibit, I do believe.
ROBERT MADSEN: It is. And I'm asking him if he's aware now of the Powerpoint that goes with it. He had received it afterwards.
THE COURT: How is that relevant? I mean, did he use that?
ROBERT MADSEN: He did not use this at that time, but he received the whole thing later.
THE COURT: How is that relevant if he wasn't using it? I mean, I saw it on Facebook since then. How is it relevant?
ROBERT MADSEN: I just believe it's relevant.
RICK HUBBARD: I don't see any relevance if he didn't use it.
THE COURT: I mean, it's already in. You want to put it in three or four times?
ROBERT MADSEN: Not a portion of this, not the Powerpoint that goes along with is not.
THE COURT: You didn't use the Powerpoint.
ROBERT MADSEN: I didn't say he did, but he --
THE COURT: How is that relevant?
ROBERT MADSEN: Because it explains the questions.
THE COURT: No. Make a record of it later. It's already in.
ROBERT MADSEN: And you asked him about if he had any other crazy beliefs. And I think he mentioned to you that he was a free mason?
ADAM CREECH: Correct, he did.
ROBERT MADSEN: Did that kind of seem odd?
ADAM CREECH: I think it's kind of odd that somebody would reference that as a weird belief. I know quite a few people who are pretty avid free masons. I don't know much about free masonry, but they're all pretty normal people.
ROBERT MADSEN: There's a book over there if you want to learn. But --
ADAM CREECH: Sounds like it's a lot of work.
ROBERT MADSEN: As you said, Agent Lawrence was a polygrapher. He had his stuff with him, but y'all didn't feel that there was any need to put Tim on a polygraph to check anything that he had told you?
ADAM CREECH: We didn't. And that would be pretty normal. I think in almost ten years I've been doing this, I can only think of one time where we put a person on a polygraph for a criminal case. And it was actually very recently and they actually requested it.
ROBERT MADSEN: Let me jump then to the 9th. Tim is still wanting to help find the children, correct?
ADAM CREECH: Correct. He had agreed to us on the night of the 8th that he'd be willing to continue to help us try to find out where the children were.
ROBERT MADSEN: And y'all talked with him pretty quickly right then, correct?
ADAM CREECH: We did. We were actually in that same room we had that initial briefing in with all the local law enforcement. It was pretty similar, except Timothy was involved in it and we were looking at a map and just trying to narrow down our search grid, for lack of better terms. And the Alabama authorities had been notified of what was going on and they were actively kind of searching the same area and we were kind of working out a game plan. It appeared that Highway 10 was kind of a direct route that ran between Camden and Greenville. And so with them being with him at point A, but not point B, it was easy to presume that if they were somewhere in between, they were probably somewhere around Highway 10.
ROBERT MADSEN: And you did not record those conversations with him?
ADAM CREECH: We didn't because it was mostly planning with law enforcement. He was given another advice of his rights. And Special Agent Mackey did have him go over the general events of the 28th, but it wasn't like a full blown interview. It was all kind of quick because we wanted to certainly take advantage of the daylight we had available and get on the road. That was going to be our plan.
ROBERT MADSEN: But he did mention something about Nahtahn breaking some glasses?
ADAM CREECH: He did. He had mentioned that on the night of the 28th, Nahtahn had broken a pair of prescription glasses. And as he's mentioning this, he -- he had been pretty upbeat and enthusiastic. When he told the story about the glasses, you could kind of hear a bit of anger in his voice. You could tell it was something he was a bit bitter about.
ROBERT MADSEN: At some point after talking with him a little bit, y'all end up heading to Alabama, correct?
ADAM CREECH: We do. So as it's been described by some other witnesses, we had a bit of a convoy going. I was seated in the back seat of a Smith County Sheriff's Department patrol car with Tim. The car was being driven -- in the front seat was Robert Garner, who's now the Under-Sheriff of the Smith County Sheriff's Department since Marty Patterson retired, and a Deputy Charles Johnson, who previously testified on the case. And I sat in the back of the car with Tim as we traveled to Highway 10. Because he was convinced if we could get him to that vicinity, he'd recognize the location, which he had described as just a very almost generic dirt, clay drive with gravel with some elevation details.
ROBERT MADSEN: But the topography was going to be up or something and he thought that that's something that could lead him to recognize, correct?
ADAM CREECH: Correct. He had actually drawn us a map during the briefing. And later on, when we actually find the site, the map was actually pretty accurate. He actually made a pretty particular point to denote elevation differences in the map.
ROBERT MADSEN: And you had told him while y'all were driving there that he was doing the right thing by cooperating and taking you to the children?
ADAM CREECH: I did. Because it was important for me -- at that point, our big objective was to find those children and bring them home.
ROBERT MADSEN: And I think at some point in time, y'all thought -- or he thought that it was the right place and it ended up being kind of wrong, y'all made like a wrong turn or went up a wrong drive, is that correct?
ADAM CREECH: Yeah, we were just around Camden. I don't remember if we were -- I think we were just before Camden. He had seen a left-hand turn and said, ah, that might be it. We turned on it. Got a little ways down, it was actually a residential driveway, but it was dirt, clay and gravel. I don't know that the rest of the convey knew it was a residential driveway because they didn't get that far before we turned around and backed out. He was pretty upset about it because he didn't want it to appear that he was just jerking us around and taking us on a wild goose chase. My thing was it's the first wrong turn we've taken in 160 or so miles. I was prepared for more wrong turns than just that.
ROBERT MADSEN: And I think you put a quote that he told you that I know I'm prosecuting myself here, but I want to do the right thing?
ADAM CREECH: Correct. That's what I've got him attributed as saying, I know I'm prosecuting myself here, but I want to do the right thing.
ROBERT MADSEN: And he was saying that multiple times?
ADAM CREECH: He did. I used that as an opportunity to kind of offer nonjudgmental assurance because, again, we had been pretty professional with him up to this point. I think it would be safe to say a lot of people in that position probably wouldn't have been, but we wanted to maintain because, again, at that point, his cooperation was still very important until we found those children and, potentially, afterwards.
ROBERT MADSEN: Well, and he even expressed to you that he was worried that hey, once you -- once we find the kids, you're going to kind of become a jerk to him?
ADAM CREECH: He did express that as a concern and I told him that wasn't going to be the case. I mean, if I was to deal with him today, I'd probably treat him no differently than I did that day.
ROBERT MADSEN: You told him hey, I'm not going to punish you for helping with the investigation?
ADAM CREECH: Correct.
ROBERT MADSEN: And at some point in time, you found that right driveway, correct?
ADAM CREECH: We did. So I don't think -- without looking at a map, I want to say maybe 10 or 15 miles further down, and we were moving at a pretty good pace, but -- in fact, we actually passed it initially because we were going so fast. Because it's just a stretch of woods, it all just looks the same. It's kind of a blink and you miss. He just happened to snatch his head around and said, we need to turn around, we need to turn around. And I was on the phone with Special Agency Mackey, as he testified, as this was taking place and as we start going up this drive, he starts saying, this is it, this is it, this is it. And prior to that, he had told me that once we get to the site, he goes, it's probably going to be very emotional for me. I mean, I guess I can absolutely see why. And sure enough, as we get further up the drive, he starts crying and sobbing quite heavily.
ROBERT MADSEN: And as you get him and he tells you, they're over there, and I think your words were he was highly hysterical at that point in time?
ADAM CREECH: Right. Initially, we got out of the car, it was a pretty intense moment. Initially, I kind of veered left with Under-Sheriff Crumpton -- I'm sorry, Sheriff Crumpton. As he described, the odor had kind of wafted into kind of a low line hollow area and I actually veered that way as well because the odor was -- I mean, we knew we were at the right spot. We had to be. And it wasn't until I kind of got down there and turned around and realized they were walking up and over to the right. And that's when I turned and saw him start gesturing toward where we would find the bodies. And it actually was a pretty accurate description as to what he had drawn for us that morning.
ROBERT MADSEN: And you were told at some point in time okay, now, it's time to take him back to Mississippi. So y'all didn't stay there very long, did you?
ADAM CREECH: Correct. We had been on scene just mere minutes and it started to get flooded with local Alabama law enforcement personnel. Helicopters were landing. There were probably several dozen people in just a matter of minutes. Sheriff Crumpton didn't want to keep Timothy there any longer than we had to because Timothy was his responsibility at the time, his prisoner. And we can't account for all these Alabama guys. And there's no need -- there was no further purpose for him to be there, so we want to go ahead and get him back. And it was understood that I was riding back with him to kind of go over what we found.
ROBERT MADSEN: And you decided on the way back that you were going to audiotape a portion of that, correct?
ADAM CREECH: I did. It's, you know, I think a few hours up there, but we were driving pretty fast. Driving back, it was a considerably longer trip because we were going the speed limits. We were recorded about a 25-minute-or-so portion, I think because a lot of it was just sitting. I think we were both kind of crashing at that point for a lot of that drive. We did kind of go over the findings and what we may or may not find and talk about the case for 25 minutes recorded.
ROBERT MADSEN: Well, actually, didn't you -- you started a recording and it maybe lasted like 25 seconds or something?
ADAM CREECH: Yes. So that was before the decision would be made to rush him from the scene. We were trying to get him a cigarette because he had asked for a cigarette. We had been allowing him to smoke cigarettes the night before, that day. And I didn't care. So we were trying to arrange for him to have a cigarette, but Sheriff Crumpton was more interested in getting him out of the -- out of that area. So we had started recording and stopped it almost immediately. And then got in the car and shortly after that, we started what would actually technically be the third recording if you count the one that's only a couple minutes.
ROBERT MADSEN: And you audio taped that 25 minutes?
ADAM CREECH: I did.
COURT REPORTER: That's going to be number 130, Judge.
ROBERT MADSEN: Yeah, we would offer 130 into evidence. I don't think that the Solicitor has any objection to it.
THE COURT: That's the recording?
ROBERT MADSEN: It's the recording of his. It's on a thumb drive now.
THE COURT: Any objection, Solicitor?
RICK HUBBARD: No, sir.
THE COURT: All right. 130 will be admitted without objection. (WHEREUPON, Defendant's Exhibit number 130 was admitted into evidence.) (WHEREUPON, the audiotape was played for the jury starting at 3:25 p.m., ended at 3:50 p.m.)
(WHEREUPON, a bench conference was held.)
ROBERT MADSEN: Sergeant Creech, just a few more questions. It appeared on there that you kind of continually asked him about mutilating of the bodies, correct?
ADAM CREECH: Correct.
ROBERT MADSEN: And he was always consistent that he tried to cut or cut Nahtahn's leg and he just couldn't go through with it and that's when he --
RICK HUBBARD: Your Honor, I object. It's going to speak for itself.
THE COURT: I'm going to allow the question. I agree, don't -- I mean --
ROBERT MADSEN: Sure.
THE COURT: Be brief with it.
ADAM CREECH: He maintained that he had tried to cut Nahtahn's leg and that was it.
ROBERT MADSEN: And he told you that he had driven them around because he just wasn't ready to say goodbye at that point in time?
ADAM CREECH: He did say that.
ROBERT MADSEN: And then I believe at some point in time, y'all had an unrecorded conversation, I guess, after that?
ADAM CREECH: Yes. Because we were in the car a couple of hours and, occasionally, there would be burst of conversation. And, clearly, I can't stop every time we're going to have these quick interactions and start the recorder and stop the recorder, so I just tried to document some of that that seemed important as we went.
ROBERT MADSEN: I'm going to go to page, I guess, 146 of your report, most of the way down. And it appears he said to you, you know, the thought that there are people in this world that can take another human life and not feel any remorse about it scares me. Those kinds of people scare me. And he said that to you?
ADAM CREECH: He did. He followed this by saying -- asking me directly if those kind of people scared me as well.
ROBERT MADSEN: And you had also asked him about if there were any other contributing factors, correct?
ADAM CREECH: I did. I asked him if this had anything to do with the DSS investigation or his ex-wife potentially taking him to Family Court.
ROBERT MADSEN: And I think you've documented in your report that Timothy gave me what appeared to be a surprised look at this suggestion and responded no as if those thoughts were not even a remote concern?
ADAM CREECH: I did. The way he reacted to me was that those were not on his mind talking about all this.
ROBERT MADSEN: And you didn't end up traveling back with him from Mississippi to Lexington, correct?
ADAM CREECH: I did not. I think --
ROBERT MADSEN: Did you come back with Creech and Lawrence -- or rather, excuse me, Mackey and Lawrence?
ADAM CREECH: I had to overnight in Mississippi and had to get a local MBI agent to drive me halfway because they ended up in Alabama. It was a logistical nightmare, but we ended up meeting up and driving back the next day.
ROBERT MADSEN: And then at some point in time, you end up seeing Tim again, correct?
ADAM CREECH: I do.
ROBERT MADSEN: And I think that that was at the detention center in Lexington when he got there?
ADAM CREECH: It was.
ROBERT MADSEN: And he asked you about the autopsies, correct?
ADAM CREECH: He did. Let me just get my dates right so that -- yes.
ROBERT MADSEN: Yeah, can you tell me what date that was?
ADAM CREECH: That would have been September 11th, 2014, the same day of the autopsies and the same day his extradition was completed to Lexington County.
ROBERT MADSEN: And you told him that Elaine, Gabriel, Elias and Merah's autopsies showed signs consistent with strangulation, correct?
ADAM CREECH: Correct. That was the preliminary assessment.
ROBERT MADSEN: And he asked you about the cause of Nahtahn's death, didn't he?
ADAM CREECH: He did.
ROBERT MADSEN: And you told him that the case of death was ruled as an unknown homicide?
ADAM CREECH: I did. That's what it was ruled as at the time.
ROBERT MADSEN: And then he shrugged his shoulders and told you, I think you have "See, I told you so. I don't know how he died."
ADAM CREECH: Correct.
ROBERT MADSEN: And he was emotional while he was telling you that, wasn't he?
ADAM CREECH: He was.
ROBERT MADSEN: And you tried to reassure him that he did the right thing, didn't you?
ADAM CREECH: I did. And he had a pretty visceral response to this and said, "What do you mean I did the right thing? I killed my fucking kids."
ROBERT MADSEN: And you clarified that and told him hey, I was talking about your cooperation in helping us to find the bodies so that they could be put to rest, correct?
ADAM CREECH: Correct.
ROBERT MADSEN: And to this day, you still believe that his confessing and taking law enforcement to the children was the right thing to do?
ADAM CREECH: I think it was. It was important for us to bring those children home.
ROBERT MADSEN: That's all the questions I have.
THE COURT: All right. We'll take a quick break. Go to the jury room. Come back in in about ten minutes and we'll try to get done for the day. Don't talk about the case. (Whereupon, the jury was excused from the courtroom for a break.)
THE COURT: All right. Stand down for about ten.
(WHEREUPON, a short break was taken.)