5.State Closing Argument by Rick Hubbard

RICK HUBBARD: A child should feel safe in his father's arms. You heard that at the beginning of the trial when Mr. Graham said it, a child should feel safe in his father's arms. What do daddies do, they protect, they guard, a source of strength. Every child clings to a dad when they're scared. No child should ever feel frightened in their daddy's arms. Y'all have heard horrendous, horrendous facts. There's been no question that man right over there killed five of his babies. Did you hear what he had to say about it when he was sitting there with law enforcement. Part of me says I'm their father and no father should do this to his children. A part of me says fuck it, they're already dead. Those are his words, not mine. That's what you've got to rustle with. You've seen and heard God awful stuff by the hands of that man. So now you've got this big question, is he a murderer or is he truly insane? Now, the Judge is going to go over all the law.

And I'll summarize some of the law, any question about that law comes from him. As he said, y'all are the judges of the facts. Y'all determine what happened, what you believe, but you take the law as he gives it. You'll end up having a verdict form that looks something like this, guilty, guilty but mentally ill, not guilty by reason of insanity and not guilty. Y'all heard that when y'all were being qualified as jurors, all that talk about what does that mean. We're going to begin with murder. It's the intentional killing of another human being with malice aforethought. Malice can be inferred by the behavior that is exacted. Folks, malice is evil intent. It's depravity. Every murder involves malice. It's not just from the head, it's the heart. It's a depraved heart. It's evil. You'll hear that I have to establish this and my crew has to establish this case beyond a reasonable doubt. What does that mean.

It simply means we have to leave you feeling firmly convinced the Defendant's guilty, firmly convinced. Aren't you? You're going to hear the Defense raised not guilty by reason of insanity, and the Judge has talked about that. They have to establish that by a preponderance of evidence. And he'll explain what that means. He'll explain what that means. He's going to go on to explain the Defendant, to be insane and to be not guilty by reason of insanity, that night on October 28th, 2014, did not appreciate the wrongfulness of his actions. He did not understand the difference between right and wrong in both a legal and moral sense. They have the burden of proving that. That's why all those experts have been up here. We're going to talk about that. You haven't heard much about another -- guilty but mentally ill. Another aspect that you can find. And that is all right, he's mentally ill, but he knew right from wrong.

He just didn't have the capacity to control his behavior, to obey the law and that's why he did this. But folks, you're going to hear, though, that doesn't mean he has a mental illness that he's guilty but mentally ill or that he's insane. You can have a mental illness. It has to affect you that night when this incident occurred. If it doesn't, it doesn't matter. You can have schizophrenia and kill someone, but if you weren't psychotic at the time, if you could still tell right from wrong, you're guilty. You're as guilty as somebody who doesn't have it. But I'm going to tell you, this man doesn't have schizophrenia. He doesn't have schizo-affective disorder. As we get into this case, what it's really going to boil down to is guilty versus not guilty by reason of insanity. That's the battle. That's where it really is. That's going to be it. Now, these experts, I'm going to start with them. They talk about insanity.

They talk about the presentation the Defense has put up to carry their burden because here's why, if their case crumbles, what does that leave you with? A God awful act, a man who killed his five kids. So let's start with those experts. We can talk about them pretty much in the order they put them up. And I'm going to butcher this man's name. Dr. Agharkar, I can't pronounce it. I just know him as the $25,000.00 dollar doctor from Atlanta. He came up here and spent three and a half hours with this Defendant and says he's got schizophrenia, I can tell. Supposedly, he read all this material, too, but he couldn't get his facts straight on that stand. Remember, he had something about neighbors and some other stuff. He was fine until Suzanne Mayes got up and started grilling him, then he started drinking water like he was on fire. And he made the most incredible statement any expert made.

When she confronted him with the fact that he had been heavily medicated -- because the doctors were talking about that flat affect, and this doctor said I can look at a person and tell whether they're on medication or they have schizophrenia. That was pretty impressive. Is he worth that $25 grand to you? Did you get your money's worth out of that? That's pretty impressive. Remember that, I can tell the difference when he got pushed by Ms. Mayes. Let me ask you something, with every expert, are they looking for the truth or are they looking for a defense? Are they trying to lead you to what really happened, the true state of this man's mind or are they putting up a defense for the Defendant? You have to decide that. He also said the Defendant has a brain injury. And he relied on Dr. Brawley, that doctor who's name you keep hearing, that doctor who said I found deficits with his brain, he has a low IQ, that doctor who never showed up to court. Dr.

Kruse is the one that showed up to court and said that's just -- his brain is fine. We'll talk a little bit more about her. Dr. Lipman, the guy with the British accent. Just qualifying him, it took 30 minutes because he had such a past, all his credentials. He's the drug expert. And he talked about spice. But when he was talking, did you watch what he said? His entire opinion is based on the assumption that the Defendant has schizophrenia or some form of psychosis, that his opinion is telling you how these drugs exacerbate that underlying problem. He talked about spice. Now, a lot of what he said about spice, our man from SLED said the same thing. Don't really know how long it stays in your system, coming off of it is just about as bad as being on it.

You sweat and you have all those characteristics, all the things those Mississippi officers -- you remember them, that was such a long time ago -- said they observed when the Defendant was in that room, frothing at the mouth, real emotional, saying the kids were at Wal-Mart. I dropped them off somewhere between Wal-Mart and home. Remember that? And then the next day, he's fine. But his opinion is based on the assumption that some other expert got it right and found schizophrenia. He talked about Chantix, a smoking drug. It's only important if you have schizophrenia or some schizo-affective disorder. Chantix can amp that up. He didn't seem to realize the Defendant had taken Chantix sporadically, inconsistently, have never had any side effects. And then the Defense brought up Geodon, the drug that we've all been talking about, that Dr. Brawley didn't recognize the Defendant was on, that 320 milligrams. Remember that? He talked about it, talked about what a good drug it is.

It's used for schizophrenia. It's actually used for other things, too. A doctor would only give it if it's necessary. You remember -- it makes you wonder, doesn't it? Doctors don't overprescribe. Don't we have an opioid epidemic where doctors overprescribe pain pills? Sometimes doctors do overprescribe. Sometimes they overmedicate. You found out where that overmedication came from, it's Dr. Wood. She wasn't brought in as an expert for the defense. She's just the SCDC doctor. She doesn't sit down like Dr. Frierson and these other doctors and get to know folks. She's dealing with the worst of the worst. If they complain of something, she gives them medication. She tries to formulate an idea of what might be going on, but she doesn't have the tools, the resources to really figure that out. She's in a hospital environment trying to keep people down and placid. She pumped Geodon to 320 milligrams. And this doctor, he didn't even know what the dosage was.

This doctor, who's an expert, again, it's Ms. Mayes grilling him, she said, what's the maximum dose? I don't know. All right. You don't know. Well, what was the Defendant taking? I don't know. You've come all the way to this courtroom as an expert to talk to this jury and you don't know. Something that's going to be hotly contested, you don't know. Remember, she had to let him look at her computer and he still didn't find it. He still couldn't tell you. And then we showed the schedule that Dr. Wood had drawn up, the prescription schedule, a time period of giving 320 milligrams of Geodon. He couldn't read it. Remember, it looks like 80. Well, maybe 160. You know, I don't know. This doesn't make sense. Finally, in the middle of his testimony, the Defense stood up and said we stipulate it's 320 milligrams. Why was he here? Why was he here? Was he helping you? Was he leading you to the truth or was he working on the Defense? Dr. Snyder out of Arizona, he looked at brain scans.

Said there was a horrible head injury, everybody would know when it happened. He is right. It's when the Defendant was 15. He said there could be side effects from that. You've got to look at cognitive issues. And in the literature, there is a tenuous link to schizophrenia with some of the stuff we see here, but I can't tell you because all I did was look at the scans. All right, great, somebody needs to do some testing. They brought Dr. Bigler in. He's a neuropsychologist, just like Dr. Kruse. He's fascinating. It was like going back to school, but you don't have to take a test. Plastic brain. Who knew the brain had all those parts? All I knew about a brain when I was growing up was my daddy said I didn't use it enough. I had no idea you had different -- all the different parts. And he was showing all the things that could be injured. And he had a little skull. How many times do you see somebody carrying a little skull and not getting arrested? He gets to. That's fascinating.

A real human skull. And then he had 3D slides of the Defendant's brain. We could actually slice and dice and look in there. But he really didn't add much to Dr. Snyder. Because he said all right, you've got a horrible injury, TBI, traumatic brain injury. Everybody agrees. Dr. Kruse agreed with that. He said I would expect to see issues, but there has to be testing. Okay. Let's do some testing. Let's do some testing. Let's find out if there really is cognitive deficits. And then he tried to go a little too far. Even though he agreed he could not diagnose off those scans as neat as they were, when I pressed him, he wanted to say there had to be something there. I said, Doctor, you've even written you can take two scans, even like what you've got of Mr. Jones, put one right next to it that looks identical and they might have completely different outcomes. One person might have no problems and another might be absolutely incapacitated. He agreed. But he couldn't let go. Why?

Remember his final little thing? After all this show, Mr. Jones has a broken brain. Did that sound very medical and scientific to you? He has a broken brain, but he couldn't show you why. He just had a fractured skull. He had a skull injury. So who did the Defense bring in here to show the testing? No one. No one. But it was done. It was Dr. Tora Brawley. She did the testing. And every expert the Defense put up relies on her, including Dr. Dorney, the psychiatrist. She relied on Tora Brawley's findings. Remember she did the nice pie chart with overlapping rings, one of it was Dr. Brawley's findings. They all ignored Dr. Kruse, all of them. But Dr. Brawley's findings -- and maybe this is why she's not here -- were invalid. Because when she did her testing, the Defendant was on 320 milligrams of Geodon. Even he told Dr. Kruse, I had that brain fog. Remember Dr. Wood saying that? I felt slowed and I couldn't think. It just negated the entire test.

She gave him a low IQ, like 87, 89, somewhere in there. To a man that we all know is extremely bright, Summa Cum Laude from Mississippi State and he did while raising kids, supporting a wife. That's pretty incredible. He goes on to Intel. And he was working at Intel right up to the point of these murders and had just gotten a raise, right up to the point of the crimes. That's why Dr. Frierson goes whoa, something's wrong here. Why didn't anybody else do that? Why didn't anybody else look at this and go, wait a minute, what's going on here? This doesn't fit. What is the Defense doing? Dr. Frierson has come in and said listen, I want to have another battery of tests, but I don't want to just test his cognitive abilities, I want the full panel. I want to see if he's got an underlying psychosis. I want to see if there's a personality disorder. So he got Dr. Kruse. And you just heard her today. She made sure the Defendant was fine and he even said I'm doing good now.

He's ready and eager to take the tests. She gives him effort tests. Is this guy really going to take these tests? Is he going to try? Am I going to really be able to see if he's doing all right? Three different ones, he does great. And they have that cognitive aspect, so they're looking. Is there any issue going on here? So she gives a whole battery of cognitive tests. Remember, that was the one he had like seven or eight tests. And they all -- they've got weird names, but they all are looking at different parts of the brain. When Bigler and Snyder were talking about different areas of the brain, the frontal lobe, the executive function. All of these are looking at all those areas they were talking about. Is he okay? Remember the Defense made a big deal, well, there was no malingering. Not with that part. Absolutely none. And he knocked it out of the park. He's a bright man. That horrible head injury that looked so bad that Dr. Bigler kept saying he had a broken brain. No problems.

No clinically significant cognitive deficits. No problems. His brain's okay. And you already knew that because he's been proving it every day since that wreck. He's been proving with school work, proving it by how he advanced in life, showing his brain works fine. She tested to see if there's any underlying psychosis as well. That's Dr. Kruse. Nobody on the defense did that. Why? It's their burden. Why wouldn't Dr. Dorney want to team up with somebody like the way Dr. Frierson did? Why wouldn't she want somebody. It's a different set of testing. It's scientific, objective testing. And it's the kind of testing you can walk into courtroom and these experts are going to understand what it is. Why didn't they want that? Maybe they knew what they were going to get. Dr. Kruse did three different types of test, y'all hear, the SIMS, the SIRS and M-Fast. All of them, all of them showed no psychosis. There's no schizophrenia. There's no schizo-affective disorder.

But what she found is these tests, basically, have built-in lie detectors. There's malingering. He's looking and trying to make himself look mentally ill. He's looking for schizophrenia. He's looking to present to you and everybody and maybe even himself, I'm crazy. I'm insane. But it's not there. And then the biggest eyeopener probably was the personality testing. That was some of the most confusing questioning because he goes through the testing, he's identifying everything he can think of that looks like it might be psychosis. And so Dr. Kruse says I get this huge hodgepodge of stuff, so yeah, when it gets in the computer, it would diagnose him with a half a dozen things, which is why it was unreliable. She said he was not a reliable historian. He's not a reliable historian. And so her work is not just done by a computer. She sits down and says, what do I really have here. She said a couple things really stood out. Not a big full diagnosis, but he has a personality disorder.

It's not specified because there's traits of other things, one of which is borderline. You know that up and down personality, hot flash anger, fear of abandonment, all those things you've been hearing about for several weeks from the Defendant. You feel like you're walking on eggshells around him. Some people misdiagnose it as bipolar. Shouldn't have. That's that trait of borderline and it's something he developed growing up, maybe because he did have some bad experiences in his life. And he developed something else, too, a trait, a hard trait of anti-social behavior, which is when somebody's in pain, he didn't see it. Daddy, I love you. No, no, no. He felt nothing. It's not there. The inability to empathize. If it's not proven he's insane -- look at Dr. Frierson and Dr. Dorney. Looking at the two of them, they both are psychiatrists. Who did you feel like came in here and made sense to you? That when he was talking, he could lay out something complicated.

Because this case is huge, he said, what was it, over a hundred thousand pages he had to go through. He had videos, he had audios. He went through all of it. Very different from the three and a half hour man from Atlanta. He went through all of it. He pulled in another doctor. He's not proud. Help me out. Give me some good hard core scientific data, Dr. Kruse. Help me. He took his time. He spent almost 20 hours just talking to this man over here. He called people. He read everything. Folks, the bottom line is this, he said he knew what he was doing that night. He knew the difference between right and wrong, both legally and morally. And he went on to that second question, guilty but mentally ill. He said he had the ability to control his actions. He had the capacity to conform his conduct to the requirements of the law. He's the only one that has spoken on that issue. No one else has. Dr. Frierson's approach is a little different. It's different from yours.

When he was evaluating this man, he said I gave him a lot of credit. Did you hear him say that? Like the voices, he said it became clear to me when he was talking about voices, he wasn't really -- that wasn't psychotic voices, that's negative self-talk. The voice is Tim Jones. The voice is Tim Jones. He said but there are two voices that he mentioned and you know what, I gave those to him. He was ten years old and he said his stepmother was mean to him and he had that gremlin voice that said something about, you know, kill yourself. And then after he killed Nahtahn, he said he heard it again. Dr. Frierson said, you know what -- he looked at y'all and said I'm not saying he's lying. He might be lying to me, but for purposes of this, I'm going to assume, give it to him. Even if I do that, even if I do that, he knew what he was doing. He knew what he was doing. He goes on to make several conclusions, one of which -- and I've got his reports.

One is saying certain actions showed he knew legal right from wrong. Certain actions showed he knew moral right from wrong. One of the things was he said -- he brought up Tim Jones didn't call 911 that night. He had his phone right there and he didn't call 911. And he told the doctor why. He said, I knew I'd get arrested for murder. That is an understanding, I just did something, I'm going to get locked up. I know legal right from wrong. He goes through a whole list of things, how he calls Christina Ehlke the next day and says, Look, we'll be late. And then a couple days later, September 2nd, calls her and says, Hey, we're moving away. He even says we're going to use -- we're looking for a fresh start. I bet he was as his dead babies laid behind him. The doctor said that shows moral and legal knowledge of right and wrong. Looking for all the dumps, the canine sniffers and the campgrounds, all that, legal right from wrong, looking for destruction of evidence.

Looking to get in the Mexican border, remember that on this note? You see MB on here? He said he tells me that's what that is. What did he have with him? His passport. In all his panic, he sure made sure he had this. You think this man's insane? He said he took the time to buy additional stuff to destroy evidence. He went to Wal-Mart. His kids are dead in the car while he's walking through Wal-Mart. And he looks just like another shopper, only in his basket, he's got some saws, acid, things to dismember and mutilate the bodies of his little babies. You think he's insane? You think this isn't planning? And he goes on and he tells the officers in Mississippi about his voices, which are really intrusive thoughts. He says even if the voices were actual hallucinations, they further indicate he was aware of the wrongfulness of his actions. Even if they were actual hallucinations. That his lying to law enforcement is additional knowledge of legal wrongfulness.

And then he addressed the American History X movie and said it's moral wrongfulness. When he asked Tim Jones, what do you think those other inmates will think of you? You think they'd be morally outraged? Yes. Yes. You got it right there. Dr. Frierson moves on. He goes capacity to conform on guilty but mentally ill. He said it's not there, not there. Here's the deal, he says I'm assuming when I'm giving the Defendant paranoia with Nahtahn. He's paranoid, but it doesn't rise to the level of keeping him from controlling his actions. He said I'm giving him that based on what I'm hearing. He is grading on a curve for Tim Jones. Tim Jones still can't make this test. He still can't pass this one. He believes the paranoia was not due to any mental illness, it was due to drugs. Voluntary consumption of drugs is not a defense. If it was, you could go get drunk, ride down the highway, kill somebody when the cops come to get you, hey, I didn't know what I was doing, I was drunk. It doesn't work.

So if you ingest any kind of drugs and do something horrible, sorry, you're out of luck. It's not a defense. And as to Merah, Eli, Gabriel and Abigail, well, he said, you know what, that was just a conscious decision. It was a conscious decision. That's Dr. Frierson. Now, Dr. Dorney, she was all over the place, wasn't she? She was looking for some type of fixed delusion. She was struggling. She kept saying it's a complicated case. Yes, but can you give us an answer? Can you tell this jury what the delusion is? She said, Well, you've got to pick a piece here and here. No, you don't. No, you don't. Well, you know, he's concerned about Amber and there's prostitution. There's -- you know, Nahtahn wants his momma. Merah wants her mom. Maybe they're plotting. She could not give you really what in the world the delusion was and for how long it's been going on. Even if it's momentary, that's not schizophrenia, folks. That's not -- that's not a fixed delusion. That's not psychosis.

She totally ignores Dr. Kruse. So when we get up on cross, remember Mr. Graham crossing Dr. Dorney, she acknowledges that she has Dr. Kruse's report, she just -- she relied on Brawley's, the doctor who wouldn't show up. That tells you everything. Is she looking for the truth or for a defense? Is she looking for the truth or for a defense? She ends up saying that at the killing of Nahtahn, Mr. Jones didn't know it was legally wrong. I should be able to spank my child. I've done it this way in the past. I should be able to discipline my child. I've done it this way in the past. It's legally right. She ignores the fact DSS has stepped in that house several times. For all the things DSS has missed in this case, they, at least, put him on notice saying you can't behave this way. This is not right. This is not lawful. It's child abuse. He's on notice. And any argument that says oh, well, the safety plan is expired. What does that mean? Game on again? This man knows, he's been put on notice.

They have come to his doorstep saying thou shalt stop. And she says he doesn't know it's unlawful. How can she look at you and say that? And then as to the other kids, well, he knew that was unlawful, that was an amazing turn around, but he didn't know it was morally wrong because he's sending them off to Jesus. They'll be better off. They won't have to live a life like me. So I'm doing them a favor. Remember how Dr. Frierson addressed that? He said that's maybe his moral value set, it may even be a rationalization, but that's not what we mean when we talk about moral right from wrong. All of us should be able to look at the act and say, is that morally right or wrong? He doesn't get to pick. He doesn't get to decide. But even if Dr. Dorney is right and he gets to decide and say that this is morally -- the morally right thing to do or I thought it was moral, why in the world is he saying Lord, forgive me? What's he asking forgiveness for if he thought he was right?

Why is he saying I'm sorry if he thought he was right? She couldn't make sense of any of it. Now, who, between Frierson and Dorney, made the most sense to you? Who looked like they were trying to clarify as opposed to muddy the waters? That's what you've got, folks, with your experts. You've got Tim Jones long past, his hard past, but what Dr. Kruse today said makes that past make a lot more sense. The whole fear of rejection, he feels like he was wronged by his mom, Cindy. She left him. He's felt wronged by his daddy at times. You remember Christmas 2012? He walks out, doesn't talk to his dad. His dad has to reach out to him in August of 2014. Tim Jones, Jr. can hold a grudge. That's not psychosis, that's who he is. Tim Jones is focused on himself. The night of the murders, the killings, the murders, the night of those killings, who did he think about? When Nahtahn lay dead on his floor, it's Tim, you're F'd. My life is over. What a shot, a good window shot into who that man is.

But if you have any doubt about whether he's sane or not, Tim Jones himself answered it for you. You didn't need a single expert, no one did. When he that night, after a prolonged period of, basically, brutalizing his son, Nahtahn, until his son dies, when he picked up his phone and chose not to call 911, he told every one of y'all, I know what the law is and I know I'm in trouble. But when he also took the time, took the time to download a movie clip. When his son's dead, he's got four other kids here, two of them horrified, he downloads a movie, a movie clip, a rape scene in prison. Who goes to prison? People who break the law. But its inmates raping an inmate. Inmates don't really care what the law is. Even the lowest of the low, the worst of the worst know killing your babies is obscene, outrageous and it is just absolutely morally unacceptable. Tim Jones did that in a matter of minutes and he told you that by his actions.

His words may say voices, voices, but that night, it's not voices, it's choices. Look at his life, all this stuff about Cindy, Cindy, Cindy. When he sees his dad on September 7th, Dad, Cindy's in my head. I'm going to tell you, you heard his dad, he acts a lot more like his dad than he does that schizophrenic Cindy. Look at how they talk, how they think about women, their actions. Now, his dad, I have to give him credit, he loves those babies, too. He's in a hard situation. Who would ever trade spots with him? He's got his babies and he's got his son. And he's sitting behind his son right now. That's where he is. But he tells you, Tim grew up always wanting his way. If he didn't get it, he'd storm off. Dealing with him is like walking on eggshells. And when he got in trouble, got in trouble and went to the boot camp, he got hooked up, and his daddy calls it a cult. Well, it's not really a cult. There is an apostolic group out there, they are more of a Pentecostal style form of worship.

They speak in tongues. They're not crazy. They're not schizophrenic. But his pastor, his former pastor came in here and said Tim Jones embraced it, but he embraced it for a different reason than most people. He liked the control. He used his religion for control. Frankly, the anxiety that Dr. Frierson talks about, the more he controls the setting, the soother he is. But with this religious view, a Bible's a brick, he can hit you on the head with it. I'm the head of my house. I am the head of my house. I am the authority figure in this house. You shall obey me. And he meets Amber. She has just been through it. They have drug her name through it. And folks, you can think whatever you want of her, you can. She's made horrible mistakes. But here she is, she's 19, uneducated. No high school diploma. No family. Nothing. She's not a goal digger. Tim, Sr. kind of suggested she thought Tim was going places. They met at the Enchanted Castle, a restaurant. Tim's going to school part time.

She found somebody that was bright that actually saw something in her. And they started having babies immediately. I want to tell you, Tim, Sr. talked about how at some point, Amber just gave up. Can you blame her? She's had all these kids, then she has a stillborn child, a stillborn child. She goes full term. All the pain of bringing a child into this world knowing that child's dead, if that doesn't do something to you, I don't know what will. And they're like, well, she wouldn't just get over it. She wouldn't clean the house. And when they picked up and moved to South Carolina for that new job, she was excited. Tim's now got a really good education. He's got prospects. He's going to work for Intel. Maybe this is our chance to actually enjoy life. Maybe she will enjoy life. Tim Jones doesn't ask her what she wants. He moves to a trailer in the middle of nowhere. You heard Tim's dad say it took about a week just to fix the bathroom. It's like Green Acres. She's pregnant again.

That's Tim, Jr.'s way of fixing the problem, having a miscarriage. She's got to take care of all these kids, ends up being five eventually, four at that time. And he buys all these animals because he's going to be a homesteader, only he's not going to be at home. So Amber, take care of all this. Is it really shocking that she stepped out? May not be right, but it's not shocking. And Tim Jones was offended. You left me? You left me? After all I've done? Do you know who I am? You're nothing without me. I've got an education. I've got money. There's no way you'll get these kids. You have nothing. I have family. You have nothing. That's Tim Jones. He started spiraling out of control. He got some help, tried to get his life back together. But folks, by May 2014, he's suffering. He's a daddy of five. He's stressed. He needs control and he needs Amber or someone like Amber. Remember, he even got a babysitter who was 17, just turned 17 to move in with them.

He can condemn Amber for violating the law of God, but it doesn't apply to Tim. Tim is his own law. He brings another woman in the house and that doesn't last because Tim is brutal with the kids. He has adopted a form of punishment, corporal punishment. Not just spanking, pulling their pants down and beating them and then PT testing, PT, PTing these kids. Who didn't make it through boot camp in the Navy? Tim Jones. He couldn't do it, but by gosh, he wants six-year-old Nahtahn to do it. He wants all of his kids doing it. Give me jumping jacks, pushups, stand on your toes, the things Tim Jones couldn't do. By May, he's using spice. There's no question. You've seen the purchases. It affected his work. Not the quality of work like Dorney said. Dr. Dorney was wrong. He started showing up late. He started getting behind. He's still getting it done. He's just that bright. But he's stressed. Something is happening. August 28th, 2014, it's a good picture, that video, just a good clip.

Is this man insane or not? Is he under a delusion about his kids? About Amber? He opens that door up to pick up those kids. Do you hear those kids? You hear their little chirping voices, daddy, daddy, daddy? Running to him. And he does arrrrr, just like you think any dad would. Looking at it, you see no problem. He's not afraid of Nahtahn or Merah. He's not saying get back from me. He's taking them off. And it looks like a normal dad with a normal family. And you hear a little voice, a little girl's voice maybe, Merah? Daddy, do you feel better? Daddy, do you feel better? Remember when you take spice, you have your high and you come off of it and you go through the deep withdrawals, then you just feel bad. This little girl is asking her daddy do you feel better just a few hours from being dead. He takes them home, gets them dinner and he finds that outlet is blown. And that's when Tim Jones blows a fuse. He knows who did it. Nahtahn's been doing it in the past.

You think that little boy has studied his daddy? Dad's interested in electronics, computers. There's evidence Tim Jones looked up what happens when your kids play with outlets. And what does he do? He loses it. He punishes him. He doesn't just spank him, folks. He is absolutely brutalizing this poor little child. He's putting him through the paces, PT'ing his ass. Those were his words. Spanking him. Come off of it. Tell me what you did. And Nahtahn's not saying a word. Nahtahn, little, little Nahtahn is not saying a word. You think he was too scared? You think if he admitted it, it would have made any difference? He'd just get punished then for what he did again. And there's just one little moment where there was hope. Amber calls right in the middle of the drama and she hears all the noise, the ruckus. Tim saying, Son, you could have killed yourself. Not oh, my God, Nahtahn is trying to kill me. Or Merah and Nahtahn, what are y'all up to? Amber, are you involved in this? None of that.

There's no delusion. There's no delusion. And Amber is like, What's going on? And little Nahtahn, Mommy, I didn't mean to do it. Mommy, I didn't mean to do it. And she says he says that, he gasping for air, gulping for air. He's in deep distress. Mommy, I didn't mean to do it. That's a cry for help from a little boy. Reaching through that phone, Mommy, I didn't mean to do it. She tries to communicate with Junior. He has nothing to say about it. Why do you always defend the kids? She wants to talk and settle everything down. She's doing what a mom should do. And he tells her to shut the F up and cuts the phone line. Don't you know right then and there that little boy, Nahtahn, knew I have no one. No one's here now. That was his lifeline. Any prospect of living is gone. That child, that child who should be able to run to his daddy when he's scared. When there's a monster in your room, you run to your daddy. Who do you run to when your daddy's the monster?

The fear that little boy experienced, the fear that this little child -- how in the world do you do this to this child? But it was on at that point. Nahtahn paid the price. Daddy said I did everything I could to get it out of him. Well, at that point, folks, it probably wasn't getting out of him. It wasn't about the outlets anymore. You already admit that you did it. Now, the anger is, You told your mom. I've been working on you for almost an hour and you haven't told me a thing. She calls and you blurt out like that, Mommy, I didn't mean to do it. Why her? Why not me? I'm your daddy. I feed you. I take you to school. I have a bed for you. Your mom doesn't love you. She's away from you. She didn't want you. Why her? Why are you rejecting me? How does a six-year-old handle that? And the paces he put him through, oh, they'll talk about accident. Accident is when the death was unintentional, the defendant was acting lawfully.

You can't be a child abuser and doing this type of stuff and claim you're doing something lawfully. And he was using reasonable care. Was he using reasonable care? There's no accident in this case. They'll say well, you know what, with Nahtahn, maybe it was involuntary manslaughter, maybe it wasn't murder. Voluntary manslaughter, when a defendant intentionally kills a victim without malice. There's nothing evil or depraved about the behavior. But while engaged in an unlawful activity not naturally, not naturally tending to cause death or great bodily harm. How can you not cause great bodily harm? You heard Dr. Ross. She said the signs would be evident. For almost 15 minutes or so as he's going through all the hydration, he's dehydrated, he's going to be in dire stress. The signs would be evident to anybody who cared. Tim Jones saw it. Remember when his son collapses, what's he going to get? A cup of water. This isn't involuntary, folks.

Another way it could be involuntary is unintentionally kill the victim without malice while engaged in lawful activity in a reckless manner. There's nothing lawful about abusing your kids. Dr. Ross made a point of saying this was a healthy six-year-old little boy. There was nothing wrong with his heart, his organs. He was healthy. He was small, but he was healthy. She even looked at records from a former doctor who had seen him. No blood disorder. That little boy shouldn't have died. You remember when I asked could she rule this accident, no. She cut that off real quick. No. Because it's not just what you did, you could see it happening, it's what you didn't do. That's -- folks, she's not saying it, but I will, that's malice. It's not just what he's inflicting on this child, it's what he's withholding. Help. Restraint. No child suffered more than Nahtahn. That night -- and Nahtahn, though, had a bulls eye on his backside. Nahtahn, this little boy, bruise on his chin and his arms.

DSS got involved. This was in May, back when the spice use started. The defense goes on, no, no, hang on. Those bruises are on his chin. When you have an adult hand on a little head -- he was just a little -- if he was a little bit smaller, he wouldn't have been able to use his hand. But an adult hand on a little child, he had a hold on him. It's abuse. And don't you know the night of the 28th was just off the charts. When Nahtahn collapses and is dead, what does that man say? Tim, you're fucked. Your life is over. Not, on my God, my son is down. My life is over. Tim Jones may claim he loves his family, but there's somebody he loves more than anybody and that's Tim Jones. He knew he lost everything right then and there, everything. His world is gone. How do you get out of this? You don't. You've got a dead child. You've got a dead child. So what does he do? Burns the rest of his dream down. Burns it all down.

But he stops, he takes time to think about it, looks like maybe several hours of faking. He consciously decides -- remember Dr. Frierson, a conscious decision, he consciously decides to end it all. Oh, not, not him. Tim Jones isn't going to kill Tim Jones, but he's going to kill those babies. You heard evidence that he took Merah to get cigarettes. Now, why would he take her? If that happened. Would it be because he was afraid she might go get help. Remember how he thought Merah and Nahtahn were conspiring, they both wanted to go live with their mom, and they did, they did. Do you wonder why? And Eli, he's going to be loyal lieutenant. He leaves Eli home with his dead brother and the two little ones. And he comes back home, clearly, packing, he's panicking. And then decides I've got to do it. He goes to Eli, Daddy, just take me with you. Daddy, take me with. Is it that he didn't finish his sentence as his hyoid bone is broken by his father as he squeezed so tight?

And then he had to hold it for three to five minutes. What was Merah doing while that was happening? What was she doing seeing Eli die, as Eli fought? They didn't want to go, none of them did. Would you? Tim Jones turns to Merah. You heard different stories, No, no, no. He gets her. What does a child do when their parent's enraged and they want to find, where's my daddy in there? Where's my daddy in there inside this monster? The way you do it, she said, Daddy, I love you. Are you in there? Daddy, come out. Daddy, I love you. That man looked in her eyes and choked her and held her. Remember Travis Pressley, officer at SCDC, he may have gotten some facts jumbled, but, you know what, those were facts from this case that were out, confirmed by Officer Boyd. And he had seen and heard so much, he said but the thing that got me is he talked about how her face turned purple. Yeah, that's what that man did. Then he moves on to Gabriel. He says my hands are too big.

Does that mean he tried choking Gabriel first and then realized this isn't working? The belt you have in evidence is Gabriel's DNA. Remember the two marks on Gabriel's face. Daddy cinched that belt. Remember how he described it. He had to hold it as that child's life went out of him. And then he went to Abigail. Abigail has barely begun to live. She was one year old, one. And he takes that belt and he chokes her, too. This man knew right from wrong and he chose, he chose wrong. And he panics. They talk about well, he's got to have schizophrenia, look at the car, all the stuff he threw in there. Yeah, including his kids. Remember how, well, they're already dead. Eli's scalp was in his car. Yeah, I didn't use a lot of care, they were already dead. What kind of man is this? He packs a number of things. These letters, letters that Amber wrote her older kids, the ones that Amber could read. I want you folks to read them.

Because I want to tell you, you found all these photos, you saw those from the car, their Bibles, here's what happened, Tim Jones just didn't burn his dream down, he took Amber's. Here's where she's basically admitted she's wrong. He's keeping that. Here's where she's saying I love you. He's keeping that. She doesn't get this back. All those kids' photos, no, you don't get any of it. I'm taking it. You don't get any of it. Nothing. That's malice. That is just pure, evil malice. And where is he heading, folks? Again, Vegas, maybe the Mexican border and he's got a plan. This plan, folks, he said he had hundreds of them. It's malice, malice. He's trying to destroy evidence. His children, he's treating his children as just evidence. That's malice. That's depraved. Looking for campgrounds, dump sites. They've made a big deal about all the traveling he did. He went all over the -- all over Alabama, Mississippi, all over. He ended up back in South Carolina.

The whole time he's searching, he's working, he's thinking, he's staying mobile. He comes back to South Carolina. And what does he get? He's getting spice. He can't get it in Alabama, Mississippi, Georgia. He comes back. I need this to sustain me, keep me going. And then when he ventures out for the last time, he's on back roads at that point. And he told us why. This is an enlarged picture of what he's looking for, a spot, a remote, remote spot where I can dump my dead babies. Now, at the beginning of this trial, Mr. Madsen talked about a forest. Talked about the Defendant was like a forest, that the soil wasn't good, that it was distressed, that there was disease. Eventually, there was a fire burning. The only forest you saw in this case is right here where he took those babies. And he took them so that no one else would see them and he dumped them in the woods. And you know what, he says he said a prayer for them. But you know what he didn't do, he didn't go buy a shovel.

With all the other stuff, he could have least buried those kids. He left them out there for the wild animals. He left his kids out there in bags. They looked like garbage. He left them in bags knowing that nature will take its course. I'd like to think maybe he was looking for the perfect plan, but remember, he got stopped by a law enforcement officer when he got stuck, when he got ran off the road. He had an act and he acted the next day and he dumped his babies. And, folks, later that day when he goes through that road stop, how fortuitous was that? It's almost mind boggling. Here comes Tim Jones on an old back road in Mississippi going nowhere and two officers in Mississippi decide, you know, we don't have much going on tonight, let's set up a road block. They call Marty Patterson, he says y'all have got the go ahead. Just so happens Tim Jones gets caught. You can't plan any better than that. You heard about all the lies he said on the 7th.

How angry, how angry he was still at Nahtahn. Nahtahn. And on the 8th, when he finally confesses, you have that audio, how cold that heart is, the things he says. And even when they go -- they're getting ready to go find the bodies, September 9th, before they go to find the dead babies that he dumped in the woods, he mentions Nahtahn broke my glasses. He's still angry, still angry at this little boy. And he told FBI Agent Dave Mackey, if he had just come off of it, none of this would have happened. He still blames Nahtahn. And after they find the bodies, he's still talking about his anger towards Nahtahn. Folks, before this happened, looked like a happy family. They spend one day in Disney, had to come back, daddy's spice addiction wouldn't let them stay there too long. Who's Nahtahn hugged up on? Woody. In the house next to Nahtahn's bed, his favorite toy, is torn up. Is this Biblical correction? Is this lawful behavior? It's in pieces, folks. You think a child did this?

This is a dad's rage. Taking it out on his son's toy, his favorite toy. That's part of the torture. And that malice continued the whole time, even after he was caught. He says Amber didn't want them. That was a lie, you read those letters. He took Amber's dream. That's malice. Folks, we seek one thing in this case, just one thing. We're seeking justice. As a prosecutor, I represent the State. I have a good team of people and I've got a flank of good officers. We speak -- when I stand here, I speak for those who can't. I have the unique role of speaking for the dead. Today, I'm speaking for five little babies. I'm asking for justice. They didn't deserve this. They didn't deserve this. They deserve justice. I'm looking for it for each one of them, Merah, for Eli, for Gabriel, Abigail and please don't forget Nahtahn. Justice for them. That's all I can ask for. We've carried this case for so long, we're going to give it to you now. Just give us justice. Thank you.