9.Janet Ricard — Direct (Recall) (Part 1)
150 linesJANET RICARD, being first duly sworn, testified as follows:
DIRECT EXAMINATION BY MS. MAYES:
SUZANNE MAYES: Good afternoon.
JANET RICARD: Good afternoon.
SUZANNE MAYES: You testified previously in this case --
JANET RICARD: Yes, ma'am.
SUZANNE MAYES: -- can you give us a little information again about yourself. Where are you currently employed?
JANET RICARD: I am currently working as an Assistant Principal at Pelion Elementary School.
SUZANNE MAYES: I'm going to ask you to pull the microphone up a little bit closer.
JANET RICARD: Sure.
SUZANNE MAYES: And a little bit forward.
JANET RICARD: Is that better?
SUZANNE MAYES: Yes.
JANET RICARD: So just to elaborate on that. I worked at Saxe Gotha Elementary for seven years prior to that. I have a degree in Business and became certified to teach in 1998. I taught first grade for 13 years. Got my Masters from University of South Carolina in Educational Administration and have been working as a School Administrator since that time.
SUZANNE MAYES: All right. And then in addition to the work that you've done at Saxe Gotha and Pelion, what type of work will you be doing in the upcoming school year next fall?
JANET RICARD: I just learned recently that the upcoming school year, I have been named Principal at Red Bank Elementary School.
SUZANNE MAYES: So another elementary school?
JANET RICARD: Another elementary school.
SUZANNE MAYES: Saxe Gotha, how long were you there?
JANET RICARD: I was at Saxe Gotha for seven years as an AP.
SUZANNE MAYES: All right. Take us through your experiences with the Jones children, what you recall about them first coming in, Merah being a first grader, all the way through 2014.
JANET RICARD: Okay. And I apologize if I get a little emotional. But when they came into us, Merah was going into first grade and Eli was going into kindergarten. Very sweet children, very loving child. Made friends very easily. Merah was a little bit behind academically, so we immediately began to put some interventions in place with her to try to bring her up to where she needed. She was behind in reading and early literacy, early math skills, so we worked to bring her up to where she needed to be. And then Elias started out in kindergarten. I called him Eli, so I'll probably revert to that often because we were -- we were very close. But both of them went through that school year. And then the next school year as they progressed on and Nahtahn came to us and entered kindergarten. So got to know Nahtahn as well. They both -- well, all three of them progressed on through the grades and they were wonderful children, made friends easily. Merah had her special friends. One little girl that she was particularly fond of, that they played very well together. And Eli loved making friends and just really was a friend to everybody. He was a little mischievous, brought a turtle to school, silly little things like that, but nothing that was really major as far as behavior goes. And those were just teachable moments for us. And then Nahtahn, he was an active little thing, very busy. Again, made friends well and did well in his class.
SUZANNE MAYES: I just want to ask you about Merah. And you had the chance to know her from first grade all the way through?
JANET RICARD: Yes, ma'am.
SUZANNE MAYES: What do you remember about Merah as a child? What type of child was she?
JANET RICARD: She was always dressed like a little lady, always had on a skirt or a dress, usually had her hair pulled back in a pony tail. Just very sweet. Typically, quiet, but always smiling, always happy. As I said before, she enjoyed making friends with others and she had certain children that she preferred to play with. Friendly and outgoing.
SUZANNE MAYES: Okay.
SUZANNE MAYES: And Your Honor, I believe this is already marked as Defendant's 9.
JANET RICARD: That's Merah.
SUZANNE MAYES: I'm going to show you these items and ask you whether or not you recognize them. This will be marked as State's 255, 278.
JANET RICARD: Okay.
SUZANNE MAYES: And then one more, 223.
JANET RICARD: All right. So these items, this is Eli's leadership notebook. This is Nahtahn's leadership notebook and Merah's leadership notebook. And each child at Saxe Gotha had what we called a leadership notebook and that was just -- that was used to track throughout their elementary career. We kept items in it, their mission, their goals, data, leadership roles that they held, any celebrations. And it was part of our leader in, initiative. But the leadership notebook followed them from year to year, so it was a cumulative record of their academic performance. So it went from one homeroom to the next homeroom and they kept collecting their artifacts and just filled them in this notebook.
SUZANNE MAYES: And after the murders, what role did you play in collecting these materials, these notebooks and providing them to agents from the State Law Enforcement Division?
JANET RICARD: Well, it had a lot of their academic data in it. And we would -- you know, typically, if they got some type of award, we would make a copy of the award. We would send the original home, but we would keep a copy in here. So we collected all of this and turned it over to SLED in those early days after everything happened.
SUZANNE MAYES: And, Your Honor, we offer all of these items as evidence at this time.
ROBERT MADSEN: May I see them? No objection to any of them.
THE COURT: What are the numbers, Joy?
COURT REPORTER: It was State's 223, 255 and 278.
THE COURT: 223, 255, and 278, all without objection. (WHEREUPON, State's Exhibit numbers 223, 255 and 278 were admitted into evidence.) (Whereupon, State's Exhibits 279, 282, 283, 284, 286, 287 were marked for identification only.)
SUZANNE MAYES: So when we talk about Merah, what do you remember about her first grade year? Who was her teacher that year?
JANET RICARD: She had Ms. Fran Lee for first grade. When she came in, like I said earlier, she was a little bit behind, so, of course, Ms. Lee was concerned about the fact that she was not quite at the level of her same age peers. So we made sure that we started with RTI interventions to try to bring her up to where she needed to be.
SUZANNE MAYES: All right. I'm going to show you these items and I'm going to call out the numbers and see if you can tell us if you recognize them. This will be State's 247, 244, 245, 251, 253, 246, 248, 249, 252.
JANET RICARD: You want me to just kind of go through these?
SUZANNE MAYES: Well, I was going to ask you if you recognize them --
JANET RICARD: Sure.
SUZANNE MAYES: -- and if you do, we'll offer them into evidence.
JANET RICARD: I do. So this was a reading award that she received for making great gains in reading. That was for second grade.
SUZANNE MAYES: Let me ask it this way. Do you recognize them all?
JANET RICARD: Oh, yes.
SUZANNE MAYES: And then, also, these photographs. I'm going to call out these numbers briefly.
JANET RICARD: Okay.
SUZANNE MAYES: 242, 243, 241, you recognize all of those?
JANET RICARD: All of those, yes ma'am.
SUZANNE MAYES: These are a fair and accurate representations of Merah?
JANET RICARD: Yes, ma'am.
SUZANNE MAYES: Your Honor, all of these items would be for evidence at this time. A And those as well.
SUZANNE MAYES: 238, 240 and 239, you recognize those from the school?
JANET RICARD: Yes, ma'am.
SUZANNE MAYES: Those items offered as well at this time, Your Honor.
ROBERT MADSEN: No objection.
THE COURT: For the record, State's Exhibits 239 -- I'm sorry, 238, 239, 240, 242 -- 241, 242, 243, 244, 245, 246, 247, 248, 249, 251, 252, 253 all admitted without objection. (WHEREUPON, State's Exhibit numbers 238 through 249 and 251, 252 and 253 were admitted into evidence.) (Whereupon, State's Exhibit 250 was marked for identification only.)
SUZANNE MAYES: Now, Ms. Ricard, I believe you were telling us about Merah's first grade year when she had Ms. Lee?
JANET RICARD: Yes ma'am, that was Ms. Lee and that's Merah on the bottom row to the far right.
SUZANNE MAYES: All right. And then second grade, let me show you some photographs. We've got 243.
JANET RICARD: Yes, ma'am. She was in Ms. Kestner's second grade class that year.
SUZANNE MAYES: And also, do you take pictures more than once a year?
JANET RICARD: We do. We, typically, do a fall picture. And then, you know, our photography company, they like to try to sell some more. So they'll come back out and they'll take a group picture like the one that you saw from Merah's first grade year and they'll come out and do a spring picture with a pretty background. So that was her second grade spring picture, I believe.
SUZANNE MAYES: In terms of her school class, she was there for first grade, I believe, with Ms. Lee?
JANET RICARD: Yes, ma'am. That was her first grade class and her teacher.
SUZANNE MAYES: And second grade?
JANET RICARD: Yes, second grade with Ms. Kestner.
SUZANNE MAYES: Were the children able to be photographed for a third grade photo?
JANET RICARD: They were not for third grade. Eli for second. No, ma'am, those had not been taken yet.
SUZANNE MAYES: The murders happened prior to the photographs?
JANET RICARD: Yes, ma'am, they did. Very early in the school year.
SUZANNE MAYES: And then where did Eli attend kindergarten?
JANET RICARD: Eli was at kindergarten at Saxe Gotha. He was in Ms. Still's kindergarten class. That's him in the third row second from the left.
SUZANNE MAYES: And you mentioned some awards that Merah received. Are you often someone who signs off on the awards?
JANET RICARD: I did. We had multiple things that we would recognize our students for, whether it was academic gains, whether it was some type of celebration or leadership award. And oftentimes, I did sign off on those.
SUZANNE MAYES: You mentioned that when Merah first arrived in first grade, she was a little bit behind?
JANET RICARD: Uh-huh.
SUZANNE MAYES: How did she progress through that first grade year and into second grade?
JANET RICARD: Well, Ms. Lee worked very hard with her and she did -- we did get her further academic assistance through RTI interventions. And she really did -- she made very good progress. And I think one of those certificates was for the growth that she showed over that year. She continued to grow and made great progress in second grade as well.
SUZANNE MAYES: Between first grade and second grade, there was a significant change?
JANET RICARD: Oh yes, ma'am.
SUZANNE MAYES: This one, 247, is dated May 27th of 2014. So it would be the spring of her second grade year?
JANET RICARD: Right. That would have been the end of second grade. And I'm not sure what measure was used to track that, whether it was MAP or whether it was her reading level, but that just showed her growth over time. And she had, obviously, made great growth. She was named the brightest rising star, so it was a most improved category.
SUZANNE MAYES: The brightest rising star in the field of reading?
JANET RICARD: Uh-huh.
SUZANNE MAYES: I'm going to show you what is 244, it's black and white, but it is dated from June of 2013. So this would have been at the very end of first grade?
JANET RICARD: Very end of first grade and that was with Ms. Lee. And that was based on a measure called MAP and it stands for measure of academic progress. And it's just one of those -- just a benchmark too that we use to track student growth over time. So that showed she had made the highest MAP gain over that first grade year in reading, which was excellent.
SUZANNE MAYES: All right. I'm going to show you another award, also, from the last day of school in first grade with Ms. Lee. And this is State's 245, called the Kit Kat award.
JANET RICARD: Oftentimes, teachers would do just like little individualized awards to recognize their students for hard work, and that was one of those that Ms. Lee gave out. Now, I imagine, if I'm not mistaken, she probably not only got the certificate, but she probably got an actual Kit Kat, too, because that was pretty typical. So that was just to award her for all of her hard work that school year.
SUZANNE MAYES: All right. I'm going to show you what is also dated October of 2013, so, roughly, the fall of her second grade year.
JANET RICARD: So being a leader in ME school and PBIS school, we worked very hard to give our students recognition throughout the school year, not just at the end of the year. So our teachers, including our related arts folks, any other people in our building could choose to give awards like this to a student. So that came from Ms. Marsh, who was our music teacher for related arts. And she would recognize students periodically for doing a really good job in the classroom and she would often give them a certificate. So that's what that was for.
SUZANNE MAYES: All right. Another is going to be 251. And tell us what this award is for Merah?
JANET RICARD: So we did monthly lead rallies and one of our partners with our leader in ME initiative was Bojangles. They were a big supporter. And they would bring certificates to us that kind of reflected the work that we were doing with the seven habits. And they would give us the certificates that might be presented to a child for something that they had done a really good job at, in this case, for being respectful. Then on the other side, that was the real treat, they got to go to Bojangles to get either a biscuit, a french fry, a kids meal, that type thing. So that was something that she had received for being respectful.
SUZANNE MAYES: All right. And then what is meant -- what was meant at Saxe Gotha Elementary by the term Starbucks?
JANET RICARD: Starbucks, so that was kind of our school-wide currency that we used. We -- as I said before, we used leader in me and we're also a PBIS school, Positive Behavior Interventions and Supports. But Starbucks were kind of our daily currency or our daily reward that we would give to students for seeing them modeling good behavior, making good choices, following school rules and expectations.
SUZANNE MAYES: All right. So in addition to what we see in State's 246, did Merah also receive those Starbucks for --
JANET RICARD: Yes, she did.
SUZANNE MAYES: -- 248 and 449 --
JANET RICARD: Yes, ma'am.
SUZANNE MAYES: -- on multiple occasions?
JANET RICARD: She sure did.
SUZANNE MAYES: Tell us a little bit about the timeframe of all this 2014 and how you as an Assistant Principal, along with Principal Houck and other Administrators, how did you go about with the murders of three of your students in terms of a school community?
ROBERT MADSEN: Judge, I would object. I believe that that's outside of the appropriate testimony.
SUZANNE MAYES: I can rephrase that, Your Honor.
THE COURT: Rephrase it.
SUZANNE MAYES: Within Saxe Gotha, classmates, faculty, are you a community?
JANET RICARD: We are, absolutely.
SUZANNE MAYES: Did the murders of Nahtahn, Eli and Merah impact that community?
ROBERT MADSEN: Judge, I object. That is inappropriate. I believe it's Spelling vs. State.
THE COURT: Let me see your case. (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
SUZANNE MAYES: And, Your Honor, if we may approach one more time?
THE COURT: Okay. (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
THE COURT: Ms. Mayes, rephrase your question.
SUZANNE MAYES: Ms. Ricard, there at Saxe Gotha, in August of 2014, once the murders occurred, were you working at the school at that time?
JANET RICARD: Yes, ma'am.
SUZANNE MAYES: And is that something that you had to deal with as an Administrator there at the school?
JANET RICARD: Yes ma'am, it was.
SUZANNE MAYES: Ultimately, what actions did the school take to memorialize the Jones children?
JANET RICARD: Well, obviously, we had a lot of community members, law enforcement, parents, faculty, staff, a lot of people wanted to do something to memorialize the children. We knew that at the end of the year, we would have some type of tribute to them in our yearbook and that was done, but we also began to get questions about being able to make, like, monetary donations and that type thing. So through the Lexington Foundation, it's the Lexington School District One Foundation, Education Foundation, they established a fund where --
ROBERT MADSEN: Judge, may we approach?
THE COURT: Well, let's take a break. Y'all step in the jury room so I can sort this out and make a record of it. Don't talk about the case. (WHEREUPON, the jury was excused from the courtroom for a break.)
THE COURT: All right. Mr. Madsen.
ROBERT MADSEN: Judge, that's right out of Stone. I mean, that was where people donated for a golf tournament. I mean, that is straight out -- and I think we e-mailed Whitney and copied State vs. Stone. But in that case, it was a police officer's death. They talked about in that that there was a golf tournament to pay for college for children of officers killed in the line of duty. That case was ineffective for not objecting. I mean, while the jury's out, upon reconsideration, I think the mural would be the same thing. That's what the Solicitor said initially she was going to go in the mural and then that is not what the testimony was eliciting. So we would object to any line of questioning on that. We would object to photographs of the mural. I mean, that gets beyond the appropriate scope in this portion of the trial.
THE COURT: Ms. Mayes.
SUZANNE MAYES: Yes, sir, Your Honor. I believe the photographs of the mural, which are a tribute at the school inside the library, I believe that would be directly related to impact on the community that was allowable under State vs. Bixby in terms of showing a funeral. This is not a funeral, but it's a tribute. It's not -- I don't anticipate it going beyond that. And then as she testified, there is also a yearbook tribute. And the mural and the yearbook tribute are specifically for these three children, Your Honor. It's not for other people related to the case, it's specifically for these children.
THE COURT: All right, Mr. Madsen, one more time.
ROBERT MADSEN: Judge, if you look at State vs. Stone, the Court found both examples, talking about the golf tournament to pay for college proceeds and also taking recruits to the grave. The Court, both examples were more demonstrative of the general impact of the victim's death on the community and less about the showing -- less about showing the victims' unique qualities or specific harm caused by the death. They found that had that been objected to would likely have been excluded, that it was err. It was ineffective not to object.
THE COURT: All right.
ROBERT MADSEN: I mean, she's even using in her questions those words community. I mean, that's kind of a tip off that it's --
THE COURT: Well, let me hear one more question. Ms. Mayes, proffer another question or two to your end where you're headed and let me see. PROFFER EXAMINATION
BY MS. MAYES:
SUZANNE MAYES: Ms. Ricard, was there a tribute to the children that was specific to the children and their unique qualities?
JANET RICARD: Yes, ma'am.
SUZANNE MAYES: In fact, was it so unique that it actually acknowledged something regarding Eli?
JANET RICARD: Yes ma'am, it certainly did.
SUZANNE MAYES: And what was that?
JANET RICARD: I mentioned on both occasions that Eli had a habit of being a little mischievous and one of the things that he did was bring a little silver dollar turtle to school in his pocket. So when the tribute, the mural was developed and painted in the learning commons, the animal that was chosen to represent the children was a turtle. So each child had a turtle that had its -- had the name of the child underneath.
SUZANNE MAYES: And what was the general theme of the mural? Where did --
JANET RICARD: It was a beautiful seascape, a beach scene because they loved -- they talked about going to the beach a lot and how much they enjoyed it.
SUZANNE MAYES: And what was the name of the beach?
JANET RICARD: We had a sign, part of the mural, the painting that the artist, who was actually one of our teachers, one of their teachers, she had named it Jones Beach.
SUZANNE MAYES: And did it also contain footprints on the beach?
JANET RICARD: It does. It had five sets of footprints that were very reflective of five different ages of children to represent each one of the five.
SUZANNE MAYES: So that mural was specific and unique to the Jones children?
JANET RICARD: Yes, ma'am.