1.Jury-Security Matters and Turner Video Ruling
66 linesMay 24, 2019.
THE COURT: Mr. Young.
BOYD YOUNG: One thing before we get started, yesterday, it came to my attention after court that there was a Juror who was on the elevator. She did not have her Juror badge on. When escorted, she was on the elevator with my paralegal, Ms. Mulligreen. They exchanged pleasantries, I like your dress, I like your dress, too, how you doing, doing okay and got off. Ms. Mullingreen then saw the dress in the jury box that afternoon and said oh, no, I was on the elevator with a Juror. I had contact. It was -- I believe we identified the Juror as Ms. Applegate.
THE COURT: She's the blonde?
BOYD YOUNG: Yes, sir.
THE COURT: Sits in the back left most of the time?
BOYD YOUNG: Yes, sir. If the State wants to address that in any way.
THE COURT: Solicitor, you hear that?
RICK HUBBARD: Yes, sir, I did.
THE COURT: Any issue with that?
RICK HUBBARD: No, sir.
THE COURT: It sounds an appropriate pleasant exchange and that was it.
BOYD YOUNG: It was. The more concerning thing is there was a Juror without a badge in the --
THE COURT: Courthouse.
BOYD YOUNG: -- front elevators unescorted.
THE COURT: I'll address that with my SLED team. I agree with you.
BOYD YOUNG: I don't know if Your Honor has made a final decision with regard to the video of Ms. Turner. At this time, we would request that we go ahead and call -- be allowed to call Dr. Bigler first and then address the--
THE COURT: Okay.
BOYD YOUNG: -- video issue.
THE COURT: And I watched the video. You want me to give you my take on that?
RICK HUBBARD: You can just go ahead and rule on that so we know where we're going.
THE COURT: I watched the video. It's 29 minutes and change. And I took notes as I watched it. It appears to me she's institutionalized. She was -- I don't know if she's medicated or not, it looked like it to me.
BOYD YOUNG: She is.
THE COURT: Most of her answers were I'm not sure, I don't know.
BOYD YOUNG: Right.
THE COURT: I found it interesting at the very end that she did not know what sex Tim's children were. How many of each does he have, how many has he got, what are they. I don't believe her, 29-minute questioning of her growing up, her parents, her marriage to Tim, Sr. -- she's had little interaction with Tim. The history given to all the medical professionals were consistent with she's institutionalized and she suffers from the condition she suffers from. That's relevant information for them to form an opinion as to Tim, I don't believe that's relevant information for the jury to form an opinion seeing her condition as it was.
BOYD YOUNG: As it is.
THE COURT: Pardon?
BOYD YOUNG: As it currently is.
THE COURT: As it currently is. Because she didn't -- as I understand the medical history and the questioning with her, they're asking, you love Tim? Yeah, nice kid. I just don't see how that's relevant to his defense. It's relevant to the medical folks that are forming opinions as to his condition, but not to this trial. I don't think that's relevant to show the jury to make their determination whether he understood the legal difference, morally right, legally right, morally wrong. Showing her current state, I don't see it.
BOYD YOUNG: Well, Your Honor, the Defense's position is this is an apple and tree. The apple doesn't fall far from the tree. She is --
THE COURT: But she looks so different than Mr. Jones sitting in my presence right now and his interaction with the Court. They're vastly different. I think it's misleading, her condition compared to his condition. Anybody that testifies medically can say they've seen her history or were told her history. I don't believe -- no one has challenged the idea that she is institutionalized and suffers from severe mental issues. I mean, it's almost a given, so -- but I don't see her video of 29 minutes of being relevant to the jury to see to make their determination of whether he was legally and morally right or morally wrong. The definition for criminal responsibility, I don't see that is relevant for the jury's determination on that issue.
BOYD YOUNG: I understand. And Your Honor has ruled we can't play the video to the jury during our case-in-chief?
THE COURT: Correct.
BOYD YOUNG: Now, just to make sure that the record is complete, of course, that video was watched and referenced during Dr. Agharkar's testimony --
THE COURT: Absolutely.
BOYD YOUNG: -- and other experts have viewed the video and find it -- and are prepared to testify as to how it's relevant to --
THE COURT: To their opinion.
BOYD YOUNG: -- to their opinion.
THE COURT: Absolutely. It can be referenced.
BOYD YOUNG: And to deny the jury the opportunity to see it would ask the jury to form decisions about the credibility of these experts who are using it as part of their opinion without the benefit of seeing it themselves.
THE COURT: Well, if the State were challenging that factor you based it on her, and she's really not that sick. If they were making any reference that way, I'd probably let you play it, but they're not doing that. The State has not challenged that at all.
BOYD YOUNG: They challenged the conclusion. They challenge the finding that he's mentally ill. I mean --
THE COURT: That's fine. But her being mentally ill is not being challenged. That's why I disagree with you. The professionals can use -- Dr. Agharkar had a list of things that he considered. It was several pages long, single-spaced. I didn't even count the number, numerous things. If this was the only thing he considered, sure, maybe. He considered a whole medical history, interviews, evidence, everything. So I do not believe that video is the sole lynchpin of their determination and opinion of Mr. Jones, the Defendant here.
BOYD YOUNG: I understand the Court's ruling and I'm not trying to argue against the Court's ruling, I just want to make sure that I put on the record that under the heightened reliability standards necessary in death penalty cases that denying Mr. Jones the opportunity to play an interview of his mother based on relevance would deny Mr. Jones' right to a fair trial under the Fifth, Sixth, Fourteenth Amendments of the Constitution and his right to present a full and fair defense.
THE COURT: Okay. I understand your motions -- or request and I've made my ruling. It is marked as Court's Exhibit what, Joy?
COURT REPORTER: It is number 90.
THE COURT: Court's Exhibit 90. It is there still in the envelope.
THE COURT: All right. Are we ready for the jury?
RICK HUBBARD: One other thing. I'm not exactly sure what their game plan will be and, obviously, they don't have to tell me or tell us. I know at some point, they have a mitigation expert, social worker, Deborah Grey. I would ask that -- I met -- I will -- we will have an issue with her testimony should they want to put her up. And I will just ask when they think they might do that, if we have enough leeway, so we don't bring the jury out, they call the witness just for me to say Judge, we have a matter. Knowing that we're going to have an issue with that, that we take it up on the front end before we --
THE COURT: Is that the social --
RICK HUBBARD: Yes.
THE COURT: -- history thing? And before you came in, I was handed a memo like they've done to put in the book and I think Mr. Young's anticipating it will be next week sometime, not today.
BOYD YOUNG: Not today.
THE COURT: So she's not going to testify today, so we can take it up then.
RICK HUBBARD: Yes, sir.
THE COURT: I agree with you, we'll take it up before we get the jury in and out.
RICK HUBBARD: Yes, sir.
BOYD YOUNG: I think I'm good.
THE COURT: All right. Bring in the jury.
BOYD YOUNG: Just so the Court and the State are aware, there are a couple things that Dr. Bigler has to show to the jury that we'll do on the screen, but it will require him to come down to the podium.
THE COURT: I don't mind witnesses moving around at all. I kind of like it myself because I like to move around. (Whereupon, the jury came into open court at approximately 9:05 a.m.)
THE COURT: Good morning. Y'all be aware that in the Court House those Juror buttons really help everybody else to know to keep arms length with you. These people in here they know not to try to communicate with you. The media knows not to communicate with you. Other people may not. Those buttons are good warning signs for them. Because I have instructed, y'all be careful with the jury, be mindful of them because there is a lot going on. Those are helpful to security, deputies, SLED team because I don't want people interacting with, inadvertently because you never know. I want y'all to be insulated from outside influence as best we can. I keep going over that because I want y'all to decide the case what we hear in the courtroom and not what we see elsewhere. So, with that in mind be mindful of your buttons and people interacting with you. Y'all ready to start?
BOYD YOUNG: Yes, sir.
THE COURT: Call your witness.
BOYD YOUNG: Your Honor, the Defense calls Erin Bigler.