3.Adam Creech — Proffer Outside Jury (Part 1)
52 linesROBERT MADSEN: Judge, we would call Sergeant Adam Creech.
ADAM CREECH, being first duly sworn, testified as follows:
COURT CLERK: Have a seat, please. Once you're seated, state your full name, spelling your last, please.
ADAM CREECH: Anthony Adam Creech. Creech would be spelled C-R-E-E-C-H.
THE COURT: Media, this is a proffer, so I do not want it streamed, please.
DIRECT EXAMINATION BY MR. MADSEN:
ROBERT MADSEN: Sergeant Creech, you work at the Lexington Sheriff's Office, is that correct?
ADAM CREECH: That's correct.
ROBERT MADSEN: And you were the assigned chief investigator on this case?
ADAM CREECH: That is also correct.
ROBERT MADSEN: And I believe at some point in time on the 7th of September of 2014, you had -- or excuse me, on -- yes, on the 7th, you had a conversation with Under Sheriff Marty Patterson, is that correct?
ADAM CREECH: That is correct.
ROBERT MADSEN: And he told you in that conversation that Tim had yet to invoke his Miranda Rights and that he believed that Tim was open to further questioning?
ADAM CREECH: That is correct. That was my interpretation of that call.
ROBERT MADSEN: And you are aware that that is not true now, correct?
RICK HUBBARD: Objection to the form of the question. I know it's a proffer, but.
THE COURT: I think you need to rephrase that question.
ROBERT MADSEN: Are you aware whether that is true or not?
ADAM CREECH: I'm aware since then that on the night of the 6th when he was arrested for DUI, he pled the Fifth in reference to his DUI arrest.
ROBERT MADSEN: And you're also aware that Under Sheriff Patterson, when he was walking him back and started to ask, he said, I'm taking the Fifth. And he said, well, I haven't even asked you any questions yet. You're aware of that, also, correct?
RICK HUBBARD: Your Honor, I object. That, also, is inaccurate. That was when he was in the conference room when they questioned him, not invoking. We already went over this --
THE COURT: Just see if you can--
ROBERT MADSEN: In the conference room, you're aware of that conversation, also?
ADAM CREECH: That would be the conversation I was just referring to, yes.
ROBERT MADSEN: And you're aware in your collection of notes about taking the Fifth when his father was around? You didn't know it then, but you've heard about that since then, correct?
RICK HUBBARD: Object, there was no evidence of that. Object.
THE COURT: I'm not sure I understand what you're talking about either.
ROBERT MADSEN: You're aware that at some point in time they tried to get blood or hair samples and Tim declined those, also, correct?
ADAM CREECH: I'm aware that they got search warrants for those things and that's all I can directly testify to.
ROBERT MADSEN: You didn't collect those incident reports as the chief investigator?
ADAM CREECH: I did, but I can't tell you that I reviewed them all with a fine-tooth comb later on because that was work that had already been done.
ROBERT MADSEN: So did you not receive Under Sheriff Patterson's notes?
ADAM CREECH: I did.
ROBERT MADSEN: And you did not review those that indicates an invitation of rights on those?
RICK HUBBARD: Objection because Marty Patterson explained those. We already went over this.
THE COURT: Yeah, we've been through that.
ROBERT MADSEN: Well, Judge, this is a proffer. I'm just --
THE COURT: You can make the proffer --
RICK HUBBARD: But it's mischarac --
THE COURT: Solicitor, I got it. Identify the dates you're talking about each time whether its, are you aware of the night of the arrest, the next day. He's on day three, as I understand it when he's involved with Mr. Jones. So it's confusing when you just pick out a select conversation and don't identify it to him.
ROBERT MADSEN: You're aware that he -- or that Tim invoked his Fifth on the 6th, correct?
ADAM CREECH: I am now, yes.
ROBERT MADSEN: And were you aware that he also did that on the 7th --
THE COURT: No, that's mischaracterizing and I told y'all not to do that. He refused to give a hair and saliva sample, that's not invoking the Fifth.
ROBERT MADSEN: You're aware that he refused to give hair and blood on the 7th?
ADAM CREECH: Yes. I am now, yes.
ROBERT MADSEN: And they got a search warrant?
ADAM CREECH: Correct.
ROBERT MADSEN: That's all the questions I have.
THE COURT: Anything from the State?
RICK HUBBARD: No, sir.
THE COURT: All right.