8.Janice Ross — Direct (Recall)
180 linesJANICE ROSS, being first duly sworn, testified as follows:
COURT CLERK: Have a seat, Doctor. Once you're seated, state your full name, spelling your last on the record, please.
JANICE ROSS: Janice Edward Ross, R-O-S-S.
DIRECT EXAMINATION BY MR. HUBBARD:
MR. HUBBARD: Dr. Ross, you've testified earlier on this matter and I want to revisit the autopsies you performed on September 11th, 2014. I'd like to begin, did you document the autopsy process and the initial -- your initial process when you found -- or received the bodies of these children? Did you photograph the condition the bodies were in?
JANICE ROSS: Yes, I did.
MR. HUBBARD: If I may, Your Honor.
THE COURT: You may. I forgot, Dr. Ross, I remind you you're under oath.
MR. HUBBARD: She just got sworn again, so she's double sworn.
MR. HUBBARD: I want to show you what's been previously marked State's ID 212 as to -- came in as bag number one, we now know Elias Jones. I'm going to show you two photographs and see if you can identify these -- or three photographs, 212A, B and C.
JANICE ROSS: Yes. Those are photographs of who we found out was Elias Jones when they entered the morgue.
MR. HUBBARD: All right. As to 212A, does that photo depict the way the bag appeared when it was on the autopsy table as it was received by you?
JANICE ROSS: Yes. It was torn.
MR. HUBBARD: And you see animal activity in that torn portion?
JANICE ROSS: Yes, one of the limbs, I think it was the arm, had some tissue loss.
MR. HUBBARD: 212B, State's ID, do you see clothing or a shirt worn by Elias at that time?
JANICE ROSS: Yes. It has a logo for the elementary school Saxe Gotha.
MR. HUBBARD: It says, The Power of One at Saxe Gotha Elementary?
JANICE ROSS: Yes.
MR. HUBBARD: And that's how he was clothed when he arrived?
JANICE ROSS: Yes.
MR. HUBBARD: And C, which is 212C for ID, is that the full body with the clothing?
JANICE ROSS: Yes.
MR. HUBBARD: And does it show the left arm with animal activity?
JANICE ROSS: Yes.
MR. HUBBARD: Your Honor, I move these into evidence.
MR. YOUNG: Subject to previous objection.
THE COURT: Subject to objection.
(WHEREUPON, State's Exhibit numbers 212, 212A, 212B, and 212C were admitted into evidence.)
(Whereupon, State's Exhibits 212D through 212I were marked for identification only.)
MR. HUBBARD: We move to bag two, came into you as bag two, we now know is Merah Jones?
JANICE ROSS: Yes.
MR. HUBBARD: I show you what's been marked as State's ID 213. And I believe you've initialed each outer bag that I've got these in?
JANICE ROSS: Yes.
MR. HUBBARD: Okay. I've got two photos, 213A and 213B. Do you recognize these?
JANICE ROSS: Yes.
MR. HUBBARD: 213A, does that show who we now know is Merah Jones as she was received once you pulled her out of the bag?
JANICE ROSS: Yes. She was in a sleeping bag, which had -- was blue, but had different balls portrayed on it.
MR. HUBBARD: So it was some type of boy's bedding?
JANICE ROSS: It appeared to be, yes.
MR. HUBBARD: 213B for State's ID, does that show the decomp and animal activity as to her left arm and the missing arm?
JANICE ROSS: Yes.
MR. HUBBARD: When you got the bedding off of her, did she have any clothing on her?
JANICE ROSS: No.
MR. HUBBARD: And that's how she appeared when you got her?
JANICE ROSS: Correct.
MR. HUBBARD: Your Honor, I offer these into evidence.
THE COURT: Subject to the objection.
(WHEREUPON, State's 213, 213A and 213B were admitted into evidence.)
MR. HUBBARD: I'm going to show you what came to you as bag three, we now know is Gabriel Jones, 214 State's ID. And you've initialed this gold envelope as well?
JANICE ROSS: Yes.
MR. HUBBARD: I'm going to show you photo A, B, C, D, E and G. And 214A, is that how Gabriel Jones presented when you got him out of the bag?
JANICE ROSS: Yes.
MR. HUBBARD: Can you describe his position in that particular photo?
JANICE ROSS: He is face down with his knees underneath him, but the right leg we noted had been disarticulated at the knee, so the foot was coming the opposite direction as normal.
MR. HUBBARD: And would that be because of him being in a bag as if he's stuffed in a bag?
JANICE ROSS: Most likely, yes.
MR. HUBBARD: Now, looking at 214B ID, is that a shirt?
JANICE ROSS: Yes, that was in the bag with him. It looked like an adult-sized shirt.
MR. HUBBARD: Is that the Three Fountains Chiropractic shirt, adult large?
JANICE ROSS: Yes.
MR. HUBBARD: 214C for ID, is that a slipper, a girl's slipper in that bag?
JANICE ROSS: Yes.
MR. HUBBARD: Now, Gabriel is a boy, but this is a girl's slipper?
JANICE ROSS: Correct.
MR. HUBBARD: 214D for ID, is that a Hello Kitty journal?
JANICE ROSS: Yes.
MR. HUBBARD: That was in Gabriel's bag as well?
JANICE ROSS: Yes.
MR. HUBBARD: 214E, is that a diaper that was in that same bag?
JANICE ROSS: Yes.
MR. HUBBARD: And then finally, 214G for ID, is this the close-up of Gabriel's neck showing the ligature marks that you described earlier in your testimony.
JANICE ROSS: Yes.
MR. HUBBARD: Your Honor, I move all these into evidence.
THE COURT: Subject to the objection.
(WHEREUPON, State's Exhibit numbers 214, 214A, 214B, 214C, 214D, 214E, 214G were admitted into evidence.)
(Whereupon, State's Exhibit 214F and 214H were marked for identification only.)
MR. HUBBARD: Dr. Ross, I want to move on to bag four, which was Abigail Jones, State's ID 215. You've initialed this gold envelope as well?
JANICE ROSS: Yes.
MR. HUBBARD: I'll show you two photos, A and B. Is 215A for ID, is that how Abigail appeared when you pulled her out of the bag?
JANICE ROSS: Yes.
MR. HUBBARD: How does she present in this photo?
JANICE ROSS: She's wrapped in a couple of sheets.
MR. HUBBARD: Her body is pretty much hidden there?
JANICE ROSS: Yes.
MR. HUBBARD: 215B, is that when you unwrap her?
JANICE ROSS: Yes.
MR. HUBBARD: What is she wearing?
JANICE ROSS: She is --
MR. HUBBARD: Is that a portion of a diaper?
JANICE ROSS: Yes, it's a little bit of a diaper.
MR. HUBBARD: Just a portion of one?
JANICE ROSS: Right.
MR. HUBBARD: Your Honor, I move these into evidence.
THE COURT: Subject to objection.
(WHEREUPON, State's Exhibit numbers 215, 215A and 215B were admitted into evidence.)
MR. HUBBARD: Finally, Dr. Ross, I want to move on to bag five, which we now know is Nahtahn, State's ID 216. And you've initialed this gold envelope as well?
JANICE ROSS: Yes.
MR. HUBBARD: I've got three photos, 216A, B and C. And 216A, is that how Nahtahn presented when you pulled him out of the bag?
JANICE ROSS: Yes.
MR. HUBBARD: And what is that wrapped around him?
JANICE ROSS: A comforter that had Ninja Turtles depicted on it.
MR. HUBBARD: 216B, is that when you removed the comforter?
JANICE ROSS: Yes.
MR. HUBBARD: What, if anything, is he wearing?
JANICE ROSS: Nothing.
MR. HUBBARD: And then 216C, is that the elbow that you described in your previous testimony?
JANICE ROSS: Yes.
MR. HUBBARD: With the injury on that elbow?
JANICE ROSS: Yes.
MR. HUBBARD: Were you able to determine if that was pre or post-mortem?
JANICE ROSS: No.
MR. HUBBARD: Okay. But you did note it because it was an injury?
JANICE ROSS: Correct.
MR. HUBBARD: And the bag, had it been torn into?
JANICE ROSS: No, it had not.
MR. HUBBARD: Your Honor, I move these into evidence.
THE COURT: Subject to objection, 216A, B and C.
(WHEREUPON, State's Exhibit numbers 216, 216A, 216B and 216C were admitted into evidence.)
MR. HUBBARD: With the permission of the Court, I will not publish these at this time.
THE COURT: Yes, sir.
MR. HUBBARD: Dr. Ross, I do have a few other things I'd like you to look at. State's ID 337, 336, 335, 334, and 333. What are these?
JANICE ROSS: Those are copies of the official certified death certificates on these five children.
MR. HUBBARD: Your Honor, I move these into evidence.
MR. YOUNG: No objection.
THE COURT: No objection. Do the certificates have the names of the children on each one of them respectfully?
MR. HUBBARD: Yes, sir.
THE COURT: 333 -- go through them for Joy.
MR. HUBBARD: I'll go back through them.
COURT REPORTER: Yeah, we've got 333, 334, 335 --
MR. HUBBARD: All the way to 337.
THE COURT: All without objection.
(WHEREUPON, State's Exhibit numbers 333 through 337 were admitted into evidence.)
MR. HUBBARD: Dr. Ross, looking now what's been admitted into evidence State's 333, is this a death certificate for Elias Xavier Jones?
JANICE ROSS: Yes.
MR. HUBBARD: How old was he when he died?
JANICE ROSS: Seven.
MR. HUBBARD: And happened in Lexington County?
JANICE ROSS: Correct.
MR. HUBBARD: Cause of death?
JANICE ROSS: Asphyxia due to strangulation.
MR. HUBBARD: And again with Elias, was there also evidence of a neck injury that you described earlier?
JANICE ROSS: Yes, the hyoid bone was fractured.
MR. HUBBARD: As to State's 334, it says Merah Gracie Jones?
JANICE ROSS: Yes.
MR. HUBBARD: How old is she?
JANICE ROSS: At that time, she was eight.
MR. HUBBARD: Eight years old. County of death was Lexington?
JANICE ROSS: Yes.
MR. HUBBARD: And cause of death?
JANICE ROSS: Homicidal violence.
MR. HUBBARD: All right. 335, Gabriel Asher Jones, how old was he?
JANICE ROSS: Two years.
MR. HUBBARD: And the county was?
JANICE ROSS: Lexington.
MR. HUBBARD: And the cause of death?
JANICE ROSS: Homicidal violence, probable strangulation.
MR. HUBBARD: And again, did you have evidence of striation marks from a belt or some type of device to strangle him?
JANICE ROSS: Yes.
MR. HUBBARD: State's 336, Abigail Elizabeth Jones, how old was she?
JANICE ROSS: One year.
MR. HUBBARD: And county of death?
JANICE ROSS: Lexington.
MR. HUBBARD: Cause of death?
JANICE ROSS: Homicidal violence.
MR. HUBBARD: And finally, Nahtahn Jones, I can't pronounce his middle name, it's H-E-H-S-E-Y-D?
JANICE ROSS: Correct.
MR. HUBBARD: How old was Nahtahn?
JANICE ROSS: Six.
MR. HUBBARD: What county did he die in?
JANICE ROSS: Lexington.
MR. HUBBARD: And the cause of death?
JANICE ROSS: Homicidal violence.
MR. HUBBARD: Now, with Nahtahn, in the last phase of this case, you also showed a photo to the jury of a knee. Do you remember what the evidence was as to that knee?
JANICE ROSS: Yes, there was a wound in the bone, which was exposed. It looked like it was caused by a sharp instrument like a saw or a knife.
MR. HUBBARD: Okay. Dr. Ross. Thank you so much.
MR. YOUNG: No questions.
THE COURT: No questions. Dr. Ross, thank you very much.
MS. MAYES: State calls Janet Ricard.
THE COURT: Ms. Ricard, you're still under oath.