3.Sherry Henry — Direct/Cross/Redirect/Recross
494 linesMR. MADSEN: Your Honor, we would call Sherry Henry.
SHERRY HENRY, being first duly sworn, testified as follows:
COURT CLERK: Have a seat up there, please, ma'am. Once you're seated, state your full name, spelling your last, please.
SHERRY HENRY: My name is Sherry Knight Henry, middle name, Sherry Denise Henry.
DIRECT EXAMINATION BY MR. MADSEN:
MR. MADSEN: Ms. Henry, how are you doing today?
SHERRY HENRY: I'm good. Thank you.
MR. MADSEN: She's got to take down everything you say, so if you'll just make sure you speak up. She can't get down heads nods, so yes or no.
SHERRY HENRY: Okay.
MR. MADSEN: Do you work anywhere now?
SHERRY HENRY: No, I'm retired.
MR. MADSEN: And you're retired from where?
SHERRY HENRY: The Lexington County Department of Social Services.
MR. MADSEN: How long were you there?
SHERRY HENRY: I was there for 27 years.
MR. MADSEN: Now, you ended up as a case manager. When you started out, what was your job?
SHERRY HENRY: I came in as a temp and was working part-time and took on a case load, and I guess they liked my work. And I progressively did investigations as a TPS assessment worker and then I worked myself up, I guess, into supervision.
MR. MADSEN: And can you tell the jury was does a case worker do?
SHERRY HENRY: A case worker, slash, I'll say investigator goes out on a case once it has been -- a report has been received into the agency. And what that case worker's main job is to do is to go out and assess risk, to make contact with the child, do any type of safety prevention for that child. And then if the case is -- you know, meets a certain criteria, there will be further intervention into the family. You have like 60 days in order to investigate that case.
MR. MADSEN: So is that generally the case, that when you get a case, you've got 60 days to investigate it?
SHERRY HENRY: Each and every case, yes.
MR. MADSEN: And I believe that DSS was involved with the Jones family three times, correct?
SHERRY HENRY: Yes.
MR. MADSEN: The first time in 2011 when Tim and Amber were together and I guess the house was kind of messy?
SHERRY HENRY: Yes, and I think it was something about him having tools scattered in the living area.
MR. MADSEN: And I guess there was some -- that creates a dangerous condition for the children because I guess there was some remodeling going on at the trailer and you don't want the kids and tools and those things around?
SHERRY HENRY: Yes.
MR. MADSEN: And that was what DSS determines is called a neglect case, correct?
SHERRY HENRY: Yes.
MR. MADSEN: And you were not the worker on that, but I guess you were the supervisor of the worker?
SHERRY HENRY: At that time, yes.
MR. MADSEN: And, ultimately, that case was closed, correct?
SHERRY HENRY: Yes, I think it was substantiated and closed.
MR. MADSEN: Substantiated for just neglect?
SHERRY HENRY: Yes.
MR. MADSEN: And when they go out there, they take a look at the kids to make sure there's no physical abuse or anything else like that --
SHERRY HENRY: Exactly.
MR. MADSEN: -- even though it was dealing with a messy house?
SHERRY HENRY: Exactly, yes.
MR. MADSEN: And then you became involved on a second case on May 5th of 2014, correct?
SHERRY HENRY: That's correct.
MR. MADSEN: And that came in as a zero to two PA case. Can you tell the jury when it says -- first of all, what does PA stand for?
SHERRY HENRY: Okay. Well, again -- well, if I can say it like this, there's different levels of intervention for DSS. And if I recall, we would have a zero to two, which meant that we need to get out there within two hours to assess risk. So that is a high priority case. And then there's a 12 to 24 that we're allowed to -- as long as we make contact with that child within that timeframe. But either case, each time you make the contact, you're going to be assessing the same thing, any risk to the children.
MR. MADSEN: And so since you got that as a zero to two, you went out to Saxe Gotha within a couple of hours, correct?
SHERRY HENRY: Absolutely, yes.
MR. MADSEN: And you met with Nahtahn?
SHERRY HENRY: Yes.
MR. MADSEN: He didn't seem to indicate any fear of his father, did he?
SHERRY HENRY: No, not at that time. And, also, while, you know, making that contact, there were teachers -- there was two teachers in there with me, also. And, you know, a lot of times, you know, DSS will allow that because it allows the child to see someone familiar and to relax them.
MR. MADSEN: Let me show you what's been marked as Defense 104 through 108. Those are the photographs that were taken of Nahtahn that day, correct?
SHERRY HENRY: Correct.
MR. MADSEN: And I believe one of the teachers took those?
SHERRY HENRY: Either the teacher or I took them.
MR. MADSEN: So --
SHERRY HENRY: I'm sure I took these.
MR. MADSEN: So once you ended up meeting there at the school, did you then call Tim and have him come meet you some place on that same day?
SHERRY HENRY: Yes, after seeing the marks and knowing of the allegation, I telephoned Mr. Jones, and he was at work. And told him that we had received a report because, you know, we have to let the parent know that we're involved, and asked him to come up to my office, yes.
MR. MADSEN: And did you have a couple of officers there at your office with you?
SHERRY HENRY: Yes. Because of the nature of the report, I felt that it -- you know, I didn't know if I needed to go ahead and look -- you know, it was a high level, so had two detectives from Lexington County Sheriff's Department to come and we did a joint interview with Mr. Jones. And then -- if I recall correctly, then one of the detectives went one-on-one with him just to further assess and get a feel for him, yes.
MR. MADSEN: And so, you spoke to Tim about the incident?
SHERRY HENRY: Yes, read the allegations. It's not any type of paraphrasing. It's this is what has been reported to DSS.
MR. MADSEN: And, ultimately, I guess he told you something about he and Elias had put a train set together and I guess Nahtahn had gotten jealous and broke it?
SHERRY HENRY: Right, that's what he said. He said that they had worked really hard on this train track and he said that he think -- he said that Elias just destroyed it, that was his word --
MR. MADSEN: You mean Nahtahn?
SHERRY HENRY: Nahtahn, yeah, Nahtahn destroyed it. And that was upsetting to him.
MR. MADSEN: And I guess he told you that he had kind of jerked him up by the collar and spanked him?
SHERRY HENRY: Yes. That was the main thing, to get an understanding as to where, you know, the marks had come from. And he never stated that he had choked him. He demonstrated to us that he had jerked him up from, like, his collar and he demonstrated this.
MR. MADSEN: And you were able to determine also through that interview where the children went after school?
SHERRY HENRY: Yes.
MR. MADSEN: In other words, did they have a babysitter?
SHERRY HENRY: Yeah, yeah, yeah. You know, it's just a protocol thing. Knowing that he works and everything, you know, well, who's keeping the children. So, yes.
MR. MADSEN: And that babysitter was Sue Dockery?
SHERRY HENRY: Yes, at that time, yes.
MR. MADSEN: And so, you did -- at that point in time, do you do what's called a safety plan with him?
SHERRY HENRY: Once we had -- the first thing was that we had to assess if these children needed to come out immediately, okay, that was with law enforcement and myself as well as other agency staff members. And after that had been decided that not -- that that was a no, then a safety plan was implemented. And again, with that safety plan, of course, you would be restricting whatever that behavior is. If it was a dirty house, then you need to clean up the house. If you need to take the kids to the doctor, you need to take the kids to the doctor. But in this case, because of the physicalness and the marks on the child, it was that you will use no discipline with them. You will not horseplay. You will not wrestle with the children.
MR. MADSEN: And so after you met with Tim at the office, did you go back to the house -- or to Tim's house?
SHERRY HENRY: Yes. After -- you know, with myself and law enforcement, I just wanted to -- and I guess it's just me, yes, I did follow him back to the house.
MR. MADSEN: And can you tell the jury kind of what your thought process -- why are you going out to the house after meeting at the school and the office? And that's all on the same day?
SHERRY HENRY: Yes, all on the same day.
MR. MADSEN: And what's your reasoning for going out to the house?
SHERRY HENRY: One thing is that we do have to set foot in the home environment. We have to see where -- you know, what the children are living in. And so, again, I wanted to see exactly that. I wanted to know because I knew it had -- you know, you don't have a chance to go in there and clean up because I just followed you from work, so I'm going to see it as it is. So I did follow him back in. And I also wanted to observe the interaction of his presence with the children.
MR. MADSEN: And what did you observe?
SHERRY HENRY: Well, at that time, you know, they -- you know, they were fine.
MR. MADSEN: And I notice your notes say that the house was cluttered, but not unsafe, so not like the 2011, just --
SHERRY HENRY: Oh, no, no. No, it's just -- well, it's a man with five children and a -- you know, a baby. And it's just, you know, clothes. Nothing that was of a health hazard. You know, nothing -- feces and all that on the floor, just a little cluttered, clothes everywhere.
MR. MADSEN: I notice that your report also says excessive religious items. Do you recall what you meant by that?
SHERRY HENRY: Well, I just remember that I can recall, you know, I saw like, you know, crosses on the wall. I think I may have seen a Bible. I may have seen some, you know, little, you know, like religious little phrases, that type of thing.
MR. MADSEN: And once you got done at the house, did you do what's called a placement staffing or a placement evaluation? And can you describe to the jury kind of what that is and why you do that in a case like this?
SHERRY HENRY: Yes. That next morning, I did ask for a placement staffing, which, at the time, was a procedure that DSS will do that even though, you know, law enforcement had decided as well that night that -- you know, that evening, that prior evening that the children did not need to come out, to discuss if DSS needed to do any type of extra intervention in removing the kids. And it was decided at that present time no. That's a formality, a policy.
MR. MADSEN: So in other words, on the 5th, no one is -- you or law enforcement didn't decide that the children needed to be taken into emergency protective custody. I guess, the next day, that's kind of an additional layer?
SHERRY HENRY: Yeah, another precaution, another assessment, another fact checking.
MR. MADSEN: And it appears that you went back to Saxe Gotha then that next day on the 6th?
SHERRY HENRY: Yes. Again, that was a procedural-type thing and was just something that I, you know, wanted to do. I wanted to find out if the child had been pressured or what happened after I left. Because this incident has occurred, if there had been any other repercussions to the child. And at that time, he was a little reserved, but he said no. Again, I had, I think it was a nurse, school nurse sat in on that interview as well.
MR. MADSEN: And you didn't see any other marks or bruises --
SHERRY HENRY: No.
MR. MADSEN: -- or anything that caused you concern?
SHERRY HENRY: No other marks, nothing.
MR. MADSEN: It looks like next, you ended up going back to the house and made an unannounced home visit on May 15th. Kind of -- I think it's kind of self-explanatory, but explain to us what does an unannounced home visit mean?
SHERRY HENRY: Unannounced visit is just where there's no like pre-calling saying, oh, I'm coming to your house today. It's where we have to -- DSS will actually just knock on the door and you're there. And again, it's to capture the home environment in its natural state and the demeanor of the children. And that is just something that I personally always felt was a good technique to do.
MR. MADSEN: And when --
SHERRY HENRY: Even though it was required by DSS.
MR. MADSEN: And when you came out on the 15th, what were they doing?
SHERRY HENRY: This is when -- I believe it was in the evening, it was after hours. Merah, it was her birthday, and Mr. Jones had bought cupcakes for her. And they were in there and when I walked in, they were -- you know, he was -- I think they may have been eating cupcakes. I really cannot remember, but I just remember there were cupcakes. He had the baby on his hip and they were celebrating her birthday.
MR. MADSEN: So all the children were celebrating Merah's birthday?
SHERRY HENRY: Yeah, they were in there eating cupcakes.
MR. MADSEN: And Amber was not there, correct?
SHERRY HENRY: No. When I came in -- I cannot remember if Tim was talking to her on the phone or if she was talking to one of the children, but I remember he said to her, if I'm remembering correctly, that DSS is here. And so he gave me the phone and that's when I spoke to her. And I identified myself and then she said, you know, who she was. So she knew my presence was there.
MR. MADSEN: So when you go there on that unannounced, do you check the children again for any marks or bruises?
SHERRY HENRY: It was just kind of a looksie-see, I did not pull up their clothes or anything like that. No, I did not on that occasion.
MR. MADSEN: And I think at that point in time, Tim had told you that Amber hadn't physically seen the children in about four months?
SHERRY HENRY: In four months, right. And then that's -- you know, he just -- yeah.
MR. MADSEN: It looks like then on June 16th, you ended up going to the babysitter, Sue Dockery's home. Can you kind of tell me why you do that?
SHERRY HENRY: Again, that's just follow-up. I wanted to have contact with the children, see how the children were doing, how they were dressed. And then I also wanted to know if she had any concerns about Mr. Jones. And at that time -- because I specifically asked her and at that time, you know, she indicated no. She said he was a good father.
MR. MADSEN: So based on that, you submitted, I guess, a fact sheet to the program coordinator for disposition on July 16th. And can you kind of tell what is that, what is that procedure?
SHERRY HENRY: Okay. Well, at that point, that would have been the case decision determination and is, basically, stating what is the conclusion of the investigation, what is the -- and you have to state the facts of the -- of your conclusions. And it's just a summation of stating if DSS is going to remain involved or if the case is going to be closed or unfounded. So it's a summation. And that fact determination is then sent to the parent.
MR. MADSEN: And it appears on 7/24, the case was unfounded and closed, but that actually wasn't the way it was supposed to be closed, is that correct?
SHERRY HENRY: That's correct. That was a typographical error. The case was founded.
MR. MADSEN: It was founded for substantial risk of physical abuse, no additional services needed?
SHERRY HENRY: Right.
MR. MADSEN: Can you just describe for the jury what does that mean?
SHERRY HENRY: Okay. Again, with that case decision, that, again, is coming through a staffing with other DSS personnel supervisors as well as myself. And -- excuse me, would you say that again? What was I -- my mind.
MR. MADSEN: Well, I was just asking you about what the substantial risk of physical abuse --
SHERRY HENRY: Right --
MR. MADSEN: -- with no additional services, what does that mean?
SHERRY HENRY: Right. It's saying that we were going to substantiate the case or found the case for as like a threat of harm, a possibility it could happen, okay, the kids could be physically abused, but that there would be no service, there would be no treatment intervention into the family.
MR. MADSEN: And that would mean no further -- you didn't feel at that time there was any other further risks to the children?
SHERRY HENRY: Well, the agency didn't feel that there was no further risk to the children.
MR. MADSEN: And there's a separate one that was, I guess, you could find, or just -- you can find -- or founded for physical abuse, which is different than substantial risk of physical abuse, correct?
SHERRY HENRY: Right.
MR. MADSEN: And, I guess, DSS deals with a preponderance of the evidence standard. So y'all did not feel that there was physical abuse or, at least, not beyond preponderance, correct?
SHERRY HENRY: Exactly.
MR. MADSEN: And so that case is, ultimately, closed?
SHERRY HENRY: Yes.
MR. MADSEN: During -- any time during that investigation, did you ever uncover anything that showed to you or made you think that either Merah or Nahtahn was doing something to try to manufacture a DSS case to get back to their mother?
SHERRY HENRY: No.
MR. MADSEN: Let me jump forward then. There's a second case on August 7th of 2014. And I believe, is that correct?
SHERRY HENRY: Yes.
MR. MADSEN: And I believe those allegations were that -- those allegations were that Tim had beat Elias, leaving extensive bruises and only feeds all the children a 20-piece McNugget meal at a time, correct?
SHERRY HENRY: Correct.
MR. MADSEN: And how did that -- did that come in as a zero to two PA case, also?
SHERRY HENRY: I believe it did, yes.
MR. MADSEN: So you're out to see the children within two hours?
SHERRY HENRY: Yes, the case was again assigned to me, yes.
MR. MADSEN: And you went out to his home?
SHERRY HENRY: Yes. I went out there, again, with two Lexington County Sheriff's deputies thinking that if this allegation was true, these children were going to be removed tonight.
MR. MADSEN: So you get out there and, I guess, Tim's at his house, correct?
SHERRY HENRY: Let's see, I think Tim -- I think when we drove up that they had just really gotten there. Let me see. No, the children were at the babysitter's, but they had just driven up.
MR. MADSEN: So Tim's at his house, the children are at the babysitter, but I guess they're neighbors?
SHERRY HENRY: Yes --
MR. MADSEN: They live pretty close in proximity?
SHERRY HENRY: -- in close proximity, right.
MR. MADSEN: And so, do you go see -- because you've got this allegation of extensive bruising, do you go see the kids immediately and who do you take with you?
SHERRY HENRY: Okay. Absolutely. It was two deputies with me. One of the deputies stayed with Tim. And, you know, again, I had to read him the report to let him know why I was there. And then myself and the other deputy went to the babysitter's house. We walked down to the babysitter's house.
MR. MADSEN: I believe your notes indicated that Tim seemed surprised at the allegations?
SHERRY HENRY: Yes, he did.
MR. MADSEN: He told you that they had just gotten back from Disney and the beach?
SHERRY HENRY: Right.
MR. MADSEN: You recall that? And had mentioned something about maybe a disgruntled babysitter had called in the report?
SHERRY HENRY: Yeah, he just kind of mumbled that out, yeah.
MR. MADSEN: And I think they had also told you about Elias injuring an eye?
SHERRY HENRY: Yeah, when I got into the house, I saw the Band-aid and I just thought oh, okay. And then they explained to me what had happened, that the little girl had, I think, hit him with the door knob and the babysitter -- and she affirmed that, the child did. And then the babysitter also said that's what had happened and that she had called Tim at work to take the child to Doctor's Care.
MR. MADSEN: And it looked like there was some kind of medical intervention to you to fix the --
SHERRY HENRY: Yeah, I was -- yeah.
MR. MADSEN: And you took a look at all the children?
SHERRY HENRY: Yes, myself as well as the deputy. We looked underneath. We -- we looked.
MR. MADSEN: And besides the injury to the eye and I guess some diaper rash on --
SHERRY HENRY: Right.
MR. MADSEN: -- Elaine?
SHERRY HENRY: Right. When we were looking at the baby, you know, because I wanted to see, I made them pull the diaper down and the baby had a diaper rash. And the babysitter said that she thought that he might -- that Mr. Jones might be buying cheap diapers and that that was irritating the baby. So I addressed that with him.
COURT REPORTER: Judge, I'm going to mark some exhibits right quick. Okay, Judge, that's 214 through 234.
(WHEREUPON, Defendant's Exhibit numbers 214 through 234 were marked for identification.)
MR. MADSEN: I'm going to show you what's been marked as Defendant's for ID 214 through 226 and ask if you recognize those photographs?
SHERRY HENRY: Okay. That's the deputy back there.
MR. MADSEN: Are those the photographs you took of the children that day?
SHERRY HENRY: (Witness nods in the affirmative.)
MR. MADSEN: Judge, we would move --
THE COURT: I didn't hear an answer.
SHERRY HENRY: I'm sorry, yes.
THE COURT: Okay.
MR. MADSEN: Judge, we would admit Defendant's 214 through 226 into evidence.
MS. MAYES: No objection, Your Honor.
THE COURT: 214 through 226 inclusive, all admitted without objection.
(WHEREUPON, Defendant's Exhibit numbers 214 through 226 were admitted into evidence.)
MR. MADSEN: Now, with these photographs, there were some other ones that you took, I guess, of the diaper rash, some backsides, correct?
SHERRY HENRY: Yes.
MR. MADSEN: 214 would be a picture of Nahtahn?
SHERRY HENRY: Yes.
MR. MADSEN: 215, I guess, that's where you have them pull up the shirt to make sure there's no bruising?
SHERRY HENRY: Correct.
MR. MADSEN: And then 216, you do kind of the same thing with the back?
SHERRY HENRY: Yes.
MR. MADSEN: 217 is another one of the children, I can't see the face. But that's just the chest area?
SHERRY HENRY: Yes.
MR. MADSEN: 218, I believe, is the same thing, but the backside again?
SHERRY HENRY: Yes.
MR. MADSEN: 219, it's a little bit hard to see, but it looks like just kind of shooting down?
SHERRY HENRY: Yes.
MR. MADSEN: And 220, one of the younger children, I believe that looks down and you can kind of see the belly button and the diaper?
SHERRY HENRY: Yes.
MR. MADSEN: 221 is a picture of Merah?
SHERRY HENRY: Yes.
MR. MADSEN: 222 is kind of her stomach area?
SHERRY HENRY: Yes.
MR. MADSEN: 223 is her back?
SHERRY HENRY: Yes.
MR. MADSEN: 224 is Elaine?
SHERRY HENRY: Yes.
MR. MADSEN: 225 is Elias?
SHERRY HENRY: Yes.
MR. MADSEN: And then on 226, that area right there is just kind of where he had hit his eye?
SHERRY HENRY: Yes, that's correct.
MR. MADSEN: Playing around with Merah on the knob?
SHERRY HENRY: Right.
MR. MADSEN: And so, after you speak with them and you take the photographs -- well, let me back up. And you talk with the babysitter to see if she has any concerns?
SHERRY HENRY: Yes, I did.
MR. MADSEN: Was there anything to report? Did you find any bruising, anything that caused you concerns at that point in time?
SHERRY HENRY: No. And again, in questioning her also wanting to know do you have any concerns, and she did not.
MR. MADSEN: Let me show you what's been marked as Defense for ID 227 through 234 and ask if you recognize those photographs?
SHERRY HENRY: Yes.
MR. MADSEN: And what are those photographs of?
SHERRY HENRY: This is when myself and law enforcement went into the trailer that night.
MR. MADSEN: So is that after you speak with the kids, the babysitter, you come back and document the condition of the trailer at that point in time?
SHERRY HENRY: Right. Because there was an officer that was up at the trailer with Tim. And then that's when after I had assessed -- or we had assessed the risks to the children at the babysitter's, then we went up to the trailer and I went inside along with the officer.
MR. MADSEN: Judge, we would move Defendant's 227 through 224 into evidence.
THE COURT: 234, is it not?
MR. MADSEN: Or 234, excuse me.
MS. MAYES: No objection, Your Honor.
THE COURT: 227 through 234, all admitted without objection.
(WHEREUPON, Defendant's Exhibit numbers 227 through 234 were admitted into evidence.)
MR. MADSEN: Defendant's 227, I guess, is showing a photograph of the inside of the refrigerator?
SHERRY HENRY: Yes.
MR. MADSEN: 228 is just kind of documenting, I guess, an area of the home?
SHERRY HENRY: Right. I think that was stepping into the trailer.
MR. MADSEN: 229 is again the freezer component?
SHERRY HENRY: Yes.
MR. MADSEN: 230 appears to be a laundry room?
SHERRY HENRY: Yes, and a hall.
MR. MADSEN: 231 is the hall.
SHERRY HENRY: Yes.
MR. MADSEN: 232 appears to be the children's room with crib in it?
SHERRY HENRY: Yes.
MR. MADSEN: 233 is the restroom?
SHERRY HENRY: Yes.
MR. MADSEN: And last, 234, appears to be kind of the family room looking into the kitchen?
SHERRY HENRY: Yes.
MR. MADSEN: And so, when you went out there that night, none of the children refused to have their photograph taken, correct?
SHERRY HENRY: Oh, no.
MR. MADSEN: Nahtahn didn't refuse to have his picture taken?
SHERRY HENRY: No.
MR. MADSEN: And that case -- you have 60 days, but that case was ultimately closed because of the children's death, correct?
SHERRY HENRY: That's correct.
MR. MADSEN: So that was founded for physical abuse because of their deaths?
SHERRY HENRY: Yes.
MR. MADSEN: And so, the complaint for that August was that, basically, substantial bruises on Elias and you documented that. And you don't see any substantial bruising, correct?
SHERRY HENRY: That is correct.
MR. MADSEN: You don't see any bruising, except for, I guess, the eye?
SHERRY HENRY: Absolutely.
MR. MADSEN: And that feeding them a 20-piece McNugget, but you didn't find any evidence whatsoever to substantiate that either?
SHERRY HENRY: Well, I mean, it was food.
MR. MADSEN: Okay.
SHERRY HENRY: I mean, you see what I'm saying?
MR. MADSEN: Sure.
MR. MADSEN: That's all the questions I have.
THE COURT: Ms. Mayes.
MS. MAYES: Yes, sir, Your Honor, may it please the Court?
THE COURT: Sure.
CROSS-EXAMINATION BY MS. MAYES:
MS. MAYES: Good morning or good day, Ms. Henry.
SHERRY HENRY: Good morning.
MS. MAYES: You've gotten a lot of questions about some of your interactions with the family, so I want to try and keep track of exactly the order of these events. So this report here regarding Nahtahn, May 5th, 2014, with bruising to the neck, that's the first one I want to talk about. That report actually came into you guys at DSS from Nahtahn's K5 teacher, correct?
SHERRY HENRY: The reporter.
MS. MAYES: Okay. And may need you to speak up just a little bit more if you can pull the microphone up. So just to go through the process of how a report is made at DSS, it comes in on the phone line to an intake worker, correct?
SHERRY HENRY: That's correct.
MS. MAYES: And you're a case worker who goes out into the field to investigate allegations?
SHERRY HENRY: That's correct.
MS. MAYES: So you're not necessarily the person who's getting the phone call when it first comes in?
SHERRY HENRY: That's correct.
MS. MAYES: So when we talk about reports being made to DSS, a school teacher, specifically, a kindergarten teacher, they'd be a mandatory reporter?
SHERRY HENRY: That's correct.
MS. MAYES: And can you tell us a little, but so the jury is aware as well, what's a mandatory reporter? What's meant by that term?
SHERRY HENRY: Well, it's anyone who observes any type of neglectful, any type of abusive behavior that is being perpetrated on a child, they are mandated to report that. And that can be teachers, nurses, any -- any professional person can -- anyone from the community can also, you know, call in the report, but a mandated one, they're required by law to report to DSS.
MS. MAYES: All right. And do you have a copy with you today of that safety plan? And that would be the safety plan, Ms. Henry, that's going to go with this report regarding Nahtahn, May 5th, 2014.
SHERRY HENRY: Okay, I don't see it in this packet, unless I'm overlooking it. Okay, I don't have a copy of it.
MS. MAYES: And you don't have a copy of that, Ms. Henry, the DSS safety plan? Okay. I'm going to show you an item, then, and ask you whether or not you recognize it. This would be a duplicate of Defense 15. Just take a moment to look over that and refresh your memory.
SHERRY HENRY: Yes.
MS. MAYES: And you're familiar with that safety plan because it's actually in your handwriting, correct?
SHERRY HENRY: That's correct.
MS. MAYES: So let's go through some of the steps that led up to that safety plan. So on May 5th, 2014, a school teacher by the name of Amy Shearer makes a report to DSS because bruising had been observed to Nahtahn's neck, correct?
SHERRY HENRY: Correct.
MS. MAYES: And you've seen the photographs that are in evidence. It also included markings to both of his forearms, correct?
SHERRY HENRY: Correct.
MS. MAYES: And so when that call comes in from Saxe Gotha Elementary, you are sent out to the school to follow-up on that, correct?
SHERRY HENRY: Correct.
MS. MAYES: And at this point when you arrive at the school, Timothy Jones has no idea that the school has made this report?
SHERRY HENRY: Correct.
MS. MAYES: So you, under South Carolina law, have the right to go and interview children about abuse without having the parent there, correct?
SHERRY HENRY: That's correct.
MS. MAYES: And that's done as a means to allow you, DSS case workers to interview children confidentially without their parent interfering?
SHERRY HENRY: Correct.
MS. MAYES: And so you arrive there at the school. And I believe Ms. Shearer, that same teacher that made the report regarding Nahtahn, she sat in on that interview with you guys, didn't she?
SHERRY HENRY: Yes.
MS. MAYES: And that was, I believe, back in the Counselor's office there at Saxe Gotha?
SHERRY HENRY: Yes.
MS. MAYES: Principal's office. And when you got there, you actually interviewed Nahtahn yourself, didn't you?
SHERRY HENRY: Yes.
MS. MAYES: And he told you what happened, didn't he?
SHERRY HENRY: Yes, he did.
MS. MAYES: All right. I need you to speak up just a little bit more, Ms. Henry.
SHERRY HENRY: I was looking at my notes. I'm sorry. I'm sorry.
MS. MAYES: Okay. All right. So Nahtahn told you what happened, didn't he?
SHERRY HENRY: Yes.
MS. MAYES: And he showed you what happened as well, didn't he, with his hands?
SHERRY HENRY: He never said that he was choked that I remember.
MS. MAYES: You don't remember?
SHERRY HENRY: Right.
MS. MAYES: You don't remember that disclosure by Nahtahn?
SHERRY HENRY: Right.
MS. MAYES: Do you remember his teacher being in there and telling you what he said and what he showed her?
SHERRY HENRY: Yes.
MS. MAYES: And you saw the photographs as well, correct?
SHERRY HENRY: Correct.
MS. MAYES: I believe those were taken by the school nurse, Ms. Leonhardt?
SHERRY HENRY: Okay. So I know I had taken pictures, also.
MS. MAYES: And then another thing you did after meeting with Nahtahn is you pulled Merah out of her class, correct?
SHERRY HENRY: I believe so, yes.
MS. MAYES: And Merah had no idea that you guys were even coming that day, right?
SHERRY HENRY: That's correct.
MS. MAYES: And same with Nahtahn, he had no idea that you guys were even coming, did he?
SHERRY HENRY: No, he didn't.
MS. MAYES: And so, the kids are kind of caught by surprise with this report, aren't they?
SHERRY HENRY: Yes.
MS. MAYES: And do you have your notes from when you pulled Merah out of the class?
SHERRY HENRY: No, I do not.
MS. MAYES: You recall Merah confirmed to you what she saw and what happened?
SHERRY HENRY: I -- I know I interviewed her and I believe she did say that she -- that he had gotten a spanking, but I don't have the notes, so I cannot --
MS. MAYES: Okay. Well, take your time then and look over that safety plan.
SHERRY HENRY: Okay.
MS. MAYES: All right. And if you could please write what you wrote on the safety plan.
SHERRY HENRY: Repeat that again. What did you want me --
MS. MAYES: If you could please write what you wrote on the safety plan.
SHERRY HENRY: Okay, you want me to read it?
MS. MAYES: Yes.
SHERRY HENRY: What I said on the safety plan?
MS. MAYES: Yes.
SHERRY HENRY: Okay. Yes, ma'am. As far as the control factors of telling him what not to do?
MS. MAYES: What did you write on the safety plan regarding the allegations, Ms. Henry?
SHERRY HENRY: Okay. The allegations as I have here, Timothy Jones had got upset with Nathan, Nathaniel or Nathan. He choked him around his neck and pushed him against the wall and held him there. The child has a bruise on the neck that resembles a thumb or fingerprint.
MS. MAYES: All right. I need you -- I'm sorry, Ms. Henry, I'm going to have to ask you to pull the microphone down right in front of you.
SHERRY HENRY: (Witness complies.)
MS. MAYES: Okay. Perfect.
SHERRY HENRY: Okay. Then I go on -- in here, it has a section where it says "action", and I have written here protection. One, Mr. Jones will agree not to use any physical discipline on any of the children and will use restrictions, now, I have et cetera. Two, Mr. Jones will keep the home clean and neat to meet the basic needs of the children. Three, Mr. Jones agrees not to discuss the allegations of the report with the children. Four, DSS will continue to monitor the home and children. And five, that Mr. Jones will not wrestle with the children.
MS. MAYES: All right. Now, that I'm going to show you what is a document from the DSS case file. And it states, all the children reported observing their father grab Nahtahn by the chin. Do you recall making that entry?
SHERRY HENRY: Yes.
MS. MAYES: Okay. So does that help refresh your memory?
SHERRY HENRY: Well, I did not make this entry here. This was made by the supervisor.
MS. MAYES: Okay. But as part of your -- based on your interviews with the children and your contact with them?
SHERRY HENRY: Yes.
MS. MAYES: Okay. So that would be an accurate entry, that all of the children observed him grab Nahtahn by the chin, correct?
SHERRY HENRY: Yes.
MS. MAYES: So after you go to the school, you get that information and you draw up the safety plan, did you meet with the Defendant so he was aware of all of those conditions in the safety plan?
SHERRY HENRY: Oh, yes.
MS. MAYES: And specifically, that condition of no corporal punishment, but that includes any kind of spanking?
SHERRY HENRY: Absolutely.
MS. MAYES: And he understood that?
SHERRY HENRY: And he understood that.
MS. MAYES: That would be by hand, by belt, anything like that?
SHERRY HENRY: Right, he understood that.
MS. MAYES: And then I believe you testified that you went back even to the school the next day because you had concerns about possible repercussions?
SHERRY HENRY: Well, yes.
MS. MAYES: Because at this point --
SHERRY HENRY: Just as again continuing to assess risks, yeah.
MS. MAYES: Because at this point, he had actually been advised now by you that hey, there's been a report by the school. We're going to have you sign this safety plan. No physical punishment towards the kids from this day forward and he agreed to that. And when you went back the next day, I believe your words were that Nahtahn was reserved this day. Do you remember that?
SHERRY HENRY: Yes, I remember.
MS. MAYES: He was, in fact, very reluctant and afraid to even talk on that second day, correct?
SHERRY HENRY: Yeah, he was reserved.
MS. MAYES: So now, we're going to move forward, Ms. Henry, past May 5th, 2014. And, of course, that safety plan remains in effect?
SHERRY HENRY: Yes.
MS. MAYES: I believe Mr. Madsen was asking you about how it was written up in your records and the wording was that it was written up as founded for substantial risk of physical abuse?
SHERRY HENRY: Yes.
MS. MAYES: But your agency made the decision to not intervene with any further treatment because you had that safety plan in place?
SHERRY HENRY: Yes.
MS. MAYES: So the safety plan is really meant to be a safety measure that a parent is to follow?
SHERRY HENRY: That's correct.
MS. MAYES: So now, moving forward to August 7th of 2014, that's going to be the next report. And I believe you testified on direct that when you met with him, he told you the report had come from a disgruntled babysitter? That was something --
SHERRY HENRY: Yeah, he made a statement, yeah, to me like that.
MS. MAYES: That's something he just kind of said along the way when you went to the house?
SHERRY HENRY: Yes.
MS. MAYES: Now, again, the process is that it's called in by the reporter, but you're not actually taking that call?
SHERRY HENRY: That's correct.
MS. MAYES: And so, then that intake worker passes the information on to you, correct?
SHERRY HENRY: Correct.
MS. MAYES: And so by the time you went to the house to check on the kids on August 7th, 2014, were you aware that that babysitter, that the reporter had actually called it in as a spanking incident with Nahtahn?
SHERRY HENRY: Okay, I'm not following you.
MS. MAYES: Okay. So how was it called in? What was the basis of that report on August 7th?
SHERRY HENRY: Evidently -- I don't have the allegation in front of me, but the reporter called in this is another concern that we have or this is what's happening.
MS. MAYES: Okay.
SHERRY HENRY: And I went out on the report.
MS. MAYES: Okay. And when you got there, you were kind of focused on Eli because he had the visible bruise above the eye that turned out to be an accidental bruise?
SHERRY HENRY: Yes, after talking with everyone, yes.
MS. MAYES: Were you aware that when that babysitter, Joy Lorick, and a friend of hers, Mary Tanner, called into the intake worker, they actually were reporting that both Gabe, who was two, and Nahtahn, who was six and had been the subject of the safety plan, had been spanked by Mr. Jones on a trip to Disney World?
SHERRY HENRY: No.
MS. MAYES: Okay.
SHERRY HENRY: No, I wasn't aware of any of that.
MS. MAYES: And once again, you met with him there at the residence?
COURT REPORTER: Is that a yes?
MS. MAYES: You met with him there at the residence?
SHERRY HENRY: What was the question? I'm sorry. Yes.
MS. MAYES: And do you recall what his reaction was to your arriving there for yet another intervention by DSS involving the physical abuse allegations against his children?
SHERRY HENRY: Yes. He was surprised to see me there with the deputies. And so, again, I read the report to him and, you know, told him that I needed to see the children. And that -- as I said, that's when law -- one of the deputies kept him by his trailer and I proceeded to the babysitter with the other deputy.
MS. MAYES: Okay. And just to clarify, that babysitter is the babysitter that lived just across the way, next door. And her name's Christina Ehlke?
SHERRY HENRY: Yes.
MS. MAYES: That sounds familiar?
SHERRY HENRY: Yes.
MS. MAYES: And she's the one that said well, from everything she's seen, it appears fine, correct?
SHERRY HENRY: Just a minute, when you were saying the name here. Babysitter.
MS. MAYES: That would be E-H-L-K-E.
SHERRY HENRY: I have her name. Just a minute.
THE COURT: How much more you got, Ms --
MS. MAYES: Maybe ten minutes, Your Honor. A Okay. Yes.
MS. MAYES: Okay. So Christina Ehlke?
SHERRY HENRY: Yes.
MS. MAYES: And just to clarify, that is not the same babysitter that would have called in the report, correct?
SHERRY HENRY: No.
MS. MAYES: So this babysitter was caught by surprise --
SHERRY HENRY: Yes.
MS. MAYES: -- that you guys were showing up?
SHERRY HENRY: Yes.
MS. MAYES: And the babysitter that actually called in the report, Joy Lorick, along with Mary Tanner making that phone call, did you ever actually speak with either one of them about --
SHERRY HENRY: No, I did not.
MS. MAYES: Ever ask Joy Lorick what she had seen that caused her to make the report?
SHERRY HENRY: No, I did not.
MS. MAYES: And so, once again, another safety plan is signed, even though that one is still in effect, correct?
SHERRY HENRY: Correct.
MS. MAYES: And the safety plan covers all of the children, not just Nahtahn?
SHERRY HENRY: That's correct.
MS. MAYES: Every single one of the children?
SHERRY HENRY: Yes.
MS. MAYES: And then, once again, he signs a safety plan on August 7th, 2014, agreeing, yet again, that he will not use any corporal punishment on any of the children, correct?
SHERRY HENRY: Correct. Correct.
MS. MAYES: Any doubt in your mind, Ms. Henry, that he understood those terms and conditions?
SHERRY HENRY: He understood, yes.
MS. MAYES: And that's pretty much how y'all left it on August 7th, 2014, three weeks before the homicides, correct?
SHERRY HENRY: That's correct.
MS. MAYES: With the understanding he would not lay hands on the children?
SHERRY HENRY: That's correct.
MS. MAYES: So Ms. Henry, if he was spanking one of the children, hitting on one of the children on the night of August 28th, he was in violation of your safety plan?
SHERRY HENRY: That would have been a violation.
MS. MAYES: The safety plan that you had him sign because, according to your agency, there was a substantial risk of physical abuse?
SHERRY HENRY: Yes.
MS. MAYES: Nothing further.
MR. MADSEN: Just a few followups.
REDIRECT EXAMINATION BY MR. MADSEN:
MR. MADSEN: Now, the first case ended on 7/24 of 2014, correct?
SHERRY HENRY: That was the first report?
MR. MADSEN: Yes.
SHERRY HENRY: Yes.
MR. MADSEN: And the safety plan is tied to that, so once that case ends, the safety plan kind of goes away with it, correct? In other words, DSS isn't looking at him, there's no jurisdiction after 7/24? He's not being investigated?
SHERRY HENRY: Yes, I guess that would be correct.
MR. MADSEN: So that safety plan would be over. And I'm going to show you the --
COURT REPORTER: Wait.
MR. MADSEN: I'm sorry.
COURT REPORTER: Judge, this is 235.
MR. MADSEN: I'm going to show you Defense for ID 235. Is that that second safety plan that Ms. Mayes was asking you about?
SHERRY HENRY: I believe so. I guess.
MR. MADSEN: Can you take a look down there and see the conditions? Can you read what you wrote as far as the conditions on that one?
SHERRY HENRY: Yes. Protection, Tim Jones will take Elaine to her pediatric/Doctor's Care for diaper rash. Two, Tim will continue to provide the basics for the children and will clean the trailer and remove excess clothing.
MR. MADSEN: And that's all that that safety plan had in it, correct?
SHERRY HENRY: That's correct.
MR. MADSEN: We would move Defense for ID 235 into evidence.
MS. MAYES: I believe it's actually already in, Your Honor.
MR. MADSEN: It might be.
MS. MAYES: I believe the safety plan from August 2014 is already marked as a Defense Exhibit.
THE COURT: If it's already in.
MR. MADSEN: We'll just mark it as ID?
THE COURT: Yes.
MR. MADSEN: I think it is, but I think we had trouble finding it.
COURT REPORTER: Okay. I'm going to mark it ID for right now until we find it.
THE COURT: If we can't locate the other one, then that one's coming in. That way, we, at least, have one of the two, same report.
(Whereupon, Defendant's Exhibit 235 was admitted into evidence.)
MR. MADSEN: So on that second safety plan, when Ms. Mayes said hey, it said no corporal punishment, that's not correct, is it? It doesn't say that in there?
SHERRY HENRY: But the intent is that he knew that he was not to spank the children.
MR. MADSEN: And the first one is done when that case is done on the --
SHERRY HENRY: And that is --
MR. MADSEN: -- on 7/24?
SHERRY HENRY: -- dealing with that particular allegation.
MR. MADSEN: That's all the questions I have.
MS. MAYES: Just a follow-up.
RECROSS-EXAMINATION BY MS. MAYES:
MS. MAYES: You recall having verbal conversations with him where he agreed not to spank the children, correct?
SHERRY HENRY: Absolutely, he knew. Yes.
MS. MAYES: Thank you, Ms. Henry.
THE COURT: Thank you, Ms. Henry. You are free to go. All right. I think we're done. We worked to almost a late lunch. Y'all, 2:30, that will give us a little more than an hour, 20 minutes, 25 minutes. All right. Don't talk about the case.
(WHEREUPON, the jury was excused from the courtroom for a lunch break.)
(Whereupon, a lunch break was taken.)