1.Mike Phipps — Redirect/Recross (Part 2)
208 linesMay 22, 2019.
THE COURT: What do y'all have?
BOYD YOUNG: Your Honor, first up, Defense number 79 was the -- you will recall, was the jump drive from Stacy Jones, who processed the car.
THE COURT: All the pictures.
BOYD YOUNG: Right. So we have substituted the jump drive with --
COURT REPORTER: That big book over there on the end.
BOYD YOUNG: All the pictures. And myself and Mr. Martin have verified that all the pictures in here are all the pictures that were on here.
THE COURT: Any objection to substituting one for the other?
RICK HUBBARD: No, sir.
THE COURT: Okay, it is done. So that will stand for the jump drive now?
BOYD YOUNG: Yes, sir.
THE COURT: The expandable folder number -- is it 77?
BOYD YOUNG: 79.
COURT REPORTER: 79. And Mr. Young, Boyd, is going to take that back to him. The jump drive will be his now.
THE COURT: The jump drive is now substituted out, the packet of pictures which are all the pictures printed out from the jump drive from Ms. Jones, Stacy Jones' examination of the vehicle.
BOYD YOUNG: Yes, sir.
THE COURT: Okay. Fair enough.
BOYD YOUNG: Your Honor, this is a motion that we anticipate becoming necessary tomorrow when we start calling some of Mr. Jones' family members. I just gave it to the State this morning. I don't expect to argue it at this time, just make sure everybody has their copy.
RICK HUBBARD: I haven't filed a response, don't intend to, but I'll put on the record again, I have five victims and they're not here and they never will be.
THE COURT: Okay. We'll take that up at the appropriate time. What about the redaction of the call from yesterday, have y'all got that prepared and shown it to the Defense?
RICK HUBBARD: We're going to hold that right now, Your Honor.
THE COURT: Okay. Fair enough.
BOYD YOUNG: I have one other issue that I need to let the Court know about, ex parte. It has to do with Mr. Jones and I don't think it should be appropriate to put on the record. If I could talk to Your Honor for a minute. If Your Honor thinks we need to put something on the record, we will.
THE COURT: Before we do that, the packet from the extraction done by Phipps, there were two of them. One was introduced by Mr. Graham, the other one was a thicker packet that you went through on cross-examination. The State attempted to introduce the entire packet. And I think that was from the physical extraction, was the secondary one?
BOYD YOUNG: Yes, sir.
THE COURT: The bigger one?
BOYD YOUNG: Yes, sir.
THE COURT: And you objected. Do we need to argue that.
BOYD YOUNG: Yes, sir.
THE COURT: All right. Let's do that right now.
BOYD YOUNG: Your Honor, there's a number of things contained in that bigger packet which should not be admitted, including stuff that is subject to motion in-limine regarding a lot of research about sexual assault of children and evidence of sexual assault, evidence that children have been sexually assaulted. I know why it's in there, but out of context, to just hand it to the jury and allow them to go through it would be unduly prejudicial under 403. And the State said that they weren't getting into any of that.
THE COURT: And the State didn't.
BOYD YOUNG: And they haven't, but if they give this to the jury and the jury goes through it, they do.
THE COURT: Let me hear from Mr. Graham.
SHAWN GRAHAM: I know that I'm going to follow-up with some questioning when I finish on redirect. What that was created for was for Dr. Frierson to show what kind of texting was going on, what kind of web search was going on. I don't mind going through, before the jury sees things like that, that Mr. Young feels are objectionable and blackening them out. So I'm not going to publish -- I mean, this is a multi --
THE COURT: Well, as I remember, Mr. Graham, you didn't intend to introduce it initially. You did the other portions.
SHAWN GRAHAM: I'm sorry, Your Honor?
THE COURT: You didn't attempt to introduce it during your direct examination, it's when he went back through it.
SHAWN GRAHAM: Correct. It's a different document. The document that I did on direct started on August 26 -- 28th and went through the time the phone was dead on the 5th. This document goes back further on the phone --
THE COURT: I understand.
SHAWN GRAHAM: -- to understand what's happening in the weeks beforehand and months beforehand.
THE COURT: Because that's a lot of stuff he asked about. It was texts between Amber and Tim back and forth and what they were talking about the kids and issues and things.
SHAWN GRAHAM: Correct, but it shows, obviously, way more than that, too.
THE COURT: Well, it's so thick and voluminous, I don't know that we can take it up right now without taking up an entire day and I don't want to do that. If y'all want to go through and agree on what parts of it comes in and is relevant without going into the other portions. Certainly, Dr. Frierson has considered it -- or what portions he wanted to peruse.
SHAWN GRAHAM: Your Honor, it is the State's opinion that it's relevant to show what's going on in his life. Just like that was then, this goes to show what was going on in the months and weeks before, so it is relevant. I do agree -- I have no problem going through with Mr. Young or somebody to go through and see what they object to and if we can agree upon what they want redacted out.
THE COURT: Okay.
SHAWN GRAHAM: But I don't plan on publishing that. I do have questions that I want to follow-up on, but I don't -- none of the questions are going to deal with any kind of sexual assault or --
THE COURT: Y'all, clearly, stayed away from that.
SHAWN GRAHAM: Yeah, I have no intent to go into any of that.
THE COURT: Can we see about what you want to redact and maybe just introduce portions subject to the sexual allegations?
BOYD YOUNG: The State -- my understanding, the State can use their program to run the report as it is to just print their records that they select and then just hit print on that rather than putting the whole thing in.
THE COURT: I guess what I keep going back to, he didn't go into it on direct. You went through it on cross and you kind of brought it up, now, they want to go into it.
BOYD YOUNG: I went through selected portions of it.
THE COURT: If you had said no questions, I wouldn't be dealing with this. So I'm kind of dumping it on you to say, what don't you want in and then you dump it back on them saying well, they can print it out easier. That's not helping me solve the problem.
BOYD YOUNG: I'll be happy to --
SHAWN GRAHAM: I'll help solve the problem.
THE COURT: Okay.
SHAWN GRAHAM: I will have -- Mike Phipps will be subject to recall after they present their case. And if we want to and choose to print out another report, we'll do that. We'll submit it to the Defense and then they can -- we can argue about what they object when I'm putting it in.
THE COURT: That sounds like a good solution. We'll defer. Okay. All right. I want to speak with you very quickly about that, so I want the mics and the noise, please.
(Whereupon, a bench conference was held.)
THE COURT: Bring me the jury. (Whereupon, the jury came into open court at approximately 9:10 a.m.)
THE COURT: We're ready to continue. Just so y'all know, it was y'all's decision whether to work Monday or not. And y'all's decision was consistent with every other person. Everybody agreed on that, all the lawyers, the media. The State is still examining Mr. Phipps, so we'll start with him and move on from there. Anyway, y'all have been great.
SHAWN GRAHAM: The State calls Mike Phipps to the stand.
THE COURT: All right. Mr. Phipps is back on the stand. I remind you you are still under oath.
MIKE PHIPPS: Yes, sir. CONTINUE REDIRECT EXAMINATION
By Mr. Graham:
SHAWN GRAHAM: One thing I want to make sure we're clear for the record, the exhibit that we showed on the overhead yesterday, which is State's 77, you remember that document?
MIKE PHIPPS: Yes, sir, I do.
SHAWN GRAHAM: That document covers the time period starting on the morning of August 28th, 2014, starting at midnight, and going through the last time the phone was used, which I think you testified was on September 5th, is that correct?
MIKE PHIPPS: Yes.
SHAWN GRAHAM: And this -- you need to see it?
MIKE PHIPPS: Yes, sir. This chart only goes through the 4th because that was the last user activity that we could detect. There was activity that could be attributed to just the device being powered on through the 5th.
SHAWN GRAHAM: And as far as call logs and outgoing and incoming and missed and rejected calls, every call -- every artifact that you found that represented those during this time period is on this document?
MIKE PHIPPS: It is.
SHAWN GRAHAM: Every text during that time period is on this document?
MIKE PHIPPS: It is.
SHAWN GRAHAM: Every Google search or YouTube search is on this document?
MIKE PHIPPS: Yes.
SHAWN GRAHAM: And every web history during the time period is on this document?
MIKE PHIPPS: Yes.
SHAWN GRAHAM: When we left off yesterday, we were going through -- Mr. Young had asked you some questions out of a partial extraction, which was identified as State's Exhibit 199 for ID. Do you remember that one?
MIKE PHIPPS: I do.
SHAWN GRAHAM: Let's pick up back there where we left off. Turning to Page 4, going to searched item 47. The searched item 47 was what?
BOYD YOUNG: Your Honor, asked and answered.
SHAWN GRAHAM: I was interrupted during that question.
THE COURT: Yeah, I'll allow that since we're on the next day. I don't remember the question myself.
MIKE PHIPPS: It's a search for A Beautiful Mind trailer.
SHAWN GRAHAM: And that's a movie, I believe, that you said you were aware of, correct?
MIKE PHIPPS: Correct.
SHAWN GRAHAM: All right. And that was at what time on what date?
MIKE PHIPPS: That was at 5:20 p.m., in the afternoon on 5/25/2014.
SHAWN GRAHAM: All right. And then there are four searched items that come directly after that in time. What were those searched items?
MIKE PHIPPS: The searched items were schizophrenia patient, schizophrenia patient talking, schizophrenia person seeing people and then schizophrenia person beautiful mind.
SHAWN GRAHAM: And then the next two items, which is items 52 and 53, that was on the same date. And what time were those texted at?
MIKE PHIPPS: The first text was at 5:57 p.m.
SHAWN GRAHAM: And that was an outgoing text?
MIKE PHIPPS: Outgoing to Amber.
SHAWN GRAHAM: And what were the contents of the texts?
MIKE PHIPPS: The first text reads, Something is bothering me about Merah --
SHAWN GRAHAM: Merah?
MIKE PHIPPS: Merah. She's saying some creepy stuff.
SHAWN GRAHAM: And then following that, there's another text. Who is that to and what are the contents of that text?
MIKE PHIPPS: That's an outgoing text to Amber at 7:02 p.m. It reads, Call me late tonight, something you really need to hear.
SHAWN GRAHAM: Going to Page 20 -- excuse me. Going to Page 20, item 419, it's identified as a note. What is a note?
MIKE PHIPPS: Obviously, on a cell phone, you have the ability to create notes to yourself or just free text if you want to type something you want to remember. So it's categorized just as something that's saved as like a text document, as a note.
SHAWN GRAHAM: What was the date and time of that note?
MIKE PHIPPS: It was at 10:21 p.m. on July 7th.
SHAWN GRAHAM: And what were the contents of that note?
MIKE PHIPPS: The top of it reads, Time to work on me. And then it goes into a list. Seven things that I think are fantastic in the morning, colon, minus symbol, D. The first is father prayer time in the morning. Second is fitness, exercise time, hygiene. Number three is flourishment time, work on robots, learn, learn, learn, several exclamation points. Number four is favors. You've got to feed. Five is clean house/chores. Number six is spend time with children. And number seven is off time, nap and the hammock.
SHAWN GRAHAM: Moving on to Page 23, I believe Mr. Young asked you multiple questions starting about searched items and web history at item 492?
MIKE PHIPPS: Correct.
SHAWN GRAHAM: What is the searched item at 49 -- what is the date of the searched item at 492?
MIKE PHIPPS: July 20th, 2014.
SHAWN GRAHAM: And the time?
MIKE PHIPPS: At 5:42 p.m.
SHAWN GRAHAM: And what was the search?
MIKE PHIPPS: Betrayed by my young children.
SHAWN GRAHAM: And following on, what is the web history and other search items continuing down to 501?
MIKE PHIPPS: There's web history activity following that, Google search. There's a, I feel betrayed by my strange son, what should I do? It's from the globe and mail. Same date. Again, multiple Google searches aren't necessarily meaning that the same text was researched. The way the database logs it, it could be just something that's refreshed in there. At 5:44 p.m., it's father betrayed by my young children. And then at 5:49 p.m., my mom betrayed me and cheated on my dad on the friends and family forum.
SHAWN GRAHAM: Have you had a chance to look through this extraction and actually all the raw data using the reader that you pulled off the phone?
MIKE PHIPPS: I'm sorry, say that again.
SHAWN GRAHAM: You had an opportunity to go through this report or just on the stand?
MIKE PHIPPS: I haven't focused on this section of the data until I was questioned about it.
SHAWN GRAHAM: Have you ever done any searches -- because those searches said betrayed by my young children, correct? They all related to betrayed by my children?
MIKE PHIPPS: Correct.
SHAWN GRAHAM: Did you ever do any searches through your reader to determine whether there was any search or web history that dealt with the Defendant being afraid of his children? Were there any searches talking about being afraid of my children?
MIKE PHIPPS: Yes, we did just keyword searches taking in those words and we didn't find any.
SHAWN GRAHAM: You did not find any?
MIKE PHIPPS: Did not find any.
SHAWN GRAHAM: Did you also try to do keyword searches to try to find any kind of searches or web history or text content or anything that talked about children trying to harm me?
MIKE PHIPPS: Yes, and we did not find any.
SHAWN GRAHAM: You did not find any results on that as well in his phone?
MIKE PHIPPS: Correct.
SHAWN GRAHAM: Moving to Page 37 -- well, let me check this. Page 33, item 709, it's another note. What was the date of the creation of that note?
MIKE PHIPPS: August 4th, 2014, at 9:54 a.m.
SHAWN GRAHAM: And would you publish the contents of that note?
MIKE PHIPPS: I guess it has an 8/5, I don't know if that's a date at the top of the note. B, trail mix, plus fruit, plus vegetables and boiled eggs. L/chicken stir fried rice, fruit, snacks and banana. And D, crockpot chicken. Then 8/8 -- I'm sorry, 8/6, B, cereal, plus milk, plus peanut butter. L is chicken sandwich, plus banana, plus fruit snacks, plus jello. And D is steaks, plus grilled potatoes and vegetables. 8/7, B is bacon, plus eggs, plus fruit. L is spaghetti, plus garlic bread, plus shrimp. D is tacos with Spanish rice. And on 8/8, B is waffles, plus eggs, plus peanut butter. L is chicken stir fried rice. D is chicken noodle soup and carrots, corn, green beans and chicken chunks. 8/9 for B is pancakes, chocolate chip, plus bacon. L is pizza, fries and shrimp. And D is chicken, fries and fruit. And at the bottom, it just says grocery list.
SHAWN GRAHAM: Grocery list, grocery list?
MIKE PHIPPS: Grocery list.
SHAWN GRAHAM: Moving on to Page 37. I think Mr. Young asked you about item 786, that was a searched item. What was the date of that search?
MIKE PHIPPS: August 16th, 2014, at 9:40 in the evening.
SHAWN GRAHAM: And do you know where it was searched for this item?
MIKE PHIPPS: You're speaking of what type of search?
SHAWN GRAHAM: Whether it was a YouTube search or a Google search or what, do you know?
MIKE PHIPPS: Let me see if I made a note. My notes indicate it was a YouTube search.
SHAWN GRAHAM: And the exact words of the YouTube search was what?
MIKE PHIPPS: Child killed by electronic outlet.
SHAWN GRAHAM: Let me ask, did you ever have an opportunity to do a search to see whether there was any keyword searches that talked about a child trying to kill their father or someone else with electricity or an electrical outlet?
MIKE PHIPPS: Yes.
SHAWN GRAHAM: And what were the results of that search?
MIKE PHIPPS: Nothing was found in that area.
SHAWN GRAHAM: The next item down below, 787, is also a note. What was the date that note was created?
MIKE PHIPPS: On August 17th, 2014, at 9:22 a.m.
SHAWN GRAHAM: And the note's long. Can you summarize it and explain to the jury what that note is?
MIKE PHIPPS: It's a supply list of school supplies, various things you would expect, note pads, pencils, pens, lunch items, very extensive list.
SHAWN GRAHAM: Moving on to the next page, 38. Note 789, would you again summarize the contents of that voluminous note?
MIKE PHIPPS: Again, a very extensive listing of school items that you would purchase prior to a child going to school.
SHAWN GRAHAM: Moving on to Page 41, items 834 and 835. Would you describe the date and time of those, who they were to and what they were described as?
MIKE PHIPPS: Item 835 is a multi-media message, which is a text message. It has some type of multi-media content, whether it's a movie clip or a still image. It was sent outgoing on August 19th at 11:08 p.m. And the text that goes with the images that were included reads snapshot of my admission letter.
SHAWN GRAHAM: And who were those texted to?
MIKE PHIPPS: It was texted to Tyler Jones and Travis Jones.
SHAWN GRAHAM: And I think 834 was also texting to somebody else as well, is that correct?
MIKE PHIPPS: 834 was texted to Larry Thornsberry and Roberta Thornsberry.
SHAWN GRAHAM: Did you have an opportunity to view what the attachments were?
MIKE PHIPPS: I did.
SHAWN GRAHAM: So the text that was sent that was entitled snapshot of my acceptance letter, what was the letter that was attached to it?
MIKE PHIPPS: It was a letter of acceptance to medical school.
SHAWN GRAHAM: For who?
MIKE PHIPPS: For the Defendant.
SHAWN GRAHAM: Finally, going to Page 44, items 927 through the bottom of Page 44, those 13 items. What was -- it starts off, I believe, as a searched item. What was the date and time of that searched item?
MIKE PHIPPS: August 26th, 2014, at 11:22 p.m.
SHAWN GRAHAM: And what was the search?
MIKE PHIPPS: The nature of the search, first one was grants for becoming a medical doctor and then it continues on for grants for medical school, how to get grants for medical school, where to get grants for medical school.
SHAWN GRAHAM: Thank you, Mr. Phipps. Please answer any questions the Defense has.
RECROSS-EXAMINATION BY MR. YOUNG:
BOYD YOUNG: What medical school was that?
MIKE PHIPPS: I don't have a note in front of me that I can read from. I just remember it was for a medical school in the Caribbean.
BOYD YOUNG: St. Vincent Medical School in the Caribbean?
MIKE PHIPPS: That's sounds right, yes, sir.
BOYD YOUNG: The multi-media messages are contained in the phone records, right?
MIKE PHIPPS: I'm sorry?
BOYD YOUNG: You could look at this and say you could compare it to the multi-media message sent and find the picture of the letter, right?
MIKE PHIPPS: Right, yes, sir.
SHAWN GRAHAM: Your Honor, I'd like to know what he's showing him.
THE COURT: The medical school acceptance, I believe.
SHAWN GRAHAM: It's not the whole book, I didn't know what it was. (Whereupon, a short break was taken while Mr. Graham reviewed the exhibit.)
THE COURT: Is it going to be introduced or just show it to him?
BOYD YOUNG: Your Honor, I'll publish it at a later time. If the State doesn't object, we'll just have it marked.
BOYD YOUNG: Mr. Phipps, will you take a look at these and see if these pictures appear to be pictures from various dates from Tim's phone? I'll get you to check a couple. What number are you on right there, 12?
THE COURT: Is this a subset of the bigger book, Mr. Young?
BOYD YOUNG: Yes, sir.
THE COURT: Okay.
BOYD YOUNG: Do you see picture number four over here?
MIKE PHIPPS: Yes, sir.
BOYD YOUNG: That was taken from Mr. Jones' phone on 5/17/14?
MIKE PHIPPS: I would have to see the referencing meta data that goes with the image. I can't tell from --
BOYD YOUNG: From there, right. And I'm pointing you out where number four is on here?
MIKE PHIPPS: Yes, sir.
BOYD YOUNG: Does that meta data show when that picture was taken?
MIKE PHIPPS: Yes sir, it does, 5/17/2014.
BOYD YOUNG: Can you tell the ladies and gentlemen of the jury what that picture is?
MIKE PHIPPS: It's a picture of two children crouched down in front of a lobster tank.
BOYD YOUNG: Do you know those children?
MIKE PHIPPS: I don't know their names by their images, no sir.
BOYD YOUNG: Now, I think without objection the State agrees to admit these photos. I just wanted to do on example and we'll publish it at a later time. Thank you, Agent Phipps. That's all the questions I have.
THE COURT: All right. You may step down.
SHAWN GRAHAM: Your Honor, just for the record, as we discussed prior to the jury coming in, he's subject to recall.
THE COURT: Subject to recall, certainly. 127 is in, I think I said that. (WHEREUPON, Defendant's Exhibit number 127 was admitted into evidence.)