8.Janice Ross — Direct (Recall)
172 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:
RICK 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.
RICK HUBBARD: If I may, Your Honor.
THE COURT: You may. I forgot, Dr. Ross, I remind you you're under oath.
RICK HUBBARD: She just got sworn again, so she's double sworn.
RICK 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.
RICK 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.
RICK 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.
RICK 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.
RICK HUBBARD: It says, The Power of One at Saxe Gotha Elementary?
JANICE ROSS: Yes.
RICK HUBBARD: And that's how he was clothed when he arrived?
JANICE ROSS: Yes.
RICK HUBBARD: And C, which is 212C for ID, is that the full body with the clothing?
JANICE ROSS: Yes.
RICK HUBBARD: And does it show the left arm with animal activity?
JANICE ROSS: Yes.
RICK HUBBARD: Your Honor, I move these into evidence.
BOYD 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.)
RICK HUBBARD: We move to bag two, came into you as bag two, we now know is Merah Jones?
JANICE ROSS: Yes.
RICK 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.
RICK HUBBARD: Okay. I've got two photos, 213A and 213B. Do you recognize these?
JANICE ROSS: Yes.
RICK 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.
RICK HUBBARD: So it was some type of boy's bedding?
JANICE ROSS: It appeared to be, yes.
RICK 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.
RICK HUBBARD: When you got the bedding off of her, did she have any clothing on her?
JANICE ROSS: No.
RICK HUBBARD: And that's how she appeared when you got her?
JANICE ROSS: Correct.
RICK 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.)
RICK 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.
RICK 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.
RICK 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.
RICK 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.
RICK 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.
RICK HUBBARD: Is that the Three Fountains Chiropractic shirt, adult large?
JANICE ROSS: Yes.
RICK HUBBARD: 214C for ID, is that a slipper, a girl's slipper in that bag?
JANICE ROSS: Yes.
RICK HUBBARD: Now, Gabriel is a boy, but this is a girl's slipper?
JANICE ROSS: Correct.
RICK HUBBARD: 214D for ID, is that a Hello Kitty journal?
JANICE ROSS: Yes.
RICK HUBBARD: That was in Gabriel's bag as well?
JANICE ROSS: Yes.
RICK HUBBARD: 214E, is that a diaper that was in that same bag?
JANICE ROSS: Yes.
RICK 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.
RICK 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.)
RICK 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.
RICK 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.
RICK HUBBARD: How does she present in this photo?
JANICE ROSS: She's wrapped in a couple of sheets.
RICK HUBBARD: Her body is pretty much hidden there?
JANICE ROSS: Yes.
RICK HUBBARD: 215B, is that when you unwrap her?
JANICE ROSS: Yes.
RICK HUBBARD: What is she wearing?
JANICE ROSS: She is --
RICK HUBBARD: Is that a portion of a diaper?
JANICE ROSS: Yes, it's a little bit of a diaper.
RICK HUBBARD: Just a portion of one?
JANICE ROSS: Right.
RICK 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.)
RICK 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.
RICK 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.
RICK HUBBARD: And what is that wrapped around him?
JANICE ROSS: A comforter that had Ninja Turtles depicted on it.
RICK HUBBARD: 216B, is that when you removed the comforter?
JANICE ROSS: Yes.
RICK HUBBARD: What, if anything, is he wearing?
JANICE ROSS: Nothing.
RICK HUBBARD: And then 216C, is that the elbow that you described in your previous testimony?
JANICE ROSS: Yes.
RICK HUBBARD: With the injury on that elbow?
JANICE ROSS: Yes.
RICK HUBBARD: Were you able to determine if that was pre or post-mortem?
JANICE ROSS: No.
RICK HUBBARD: Okay. But you did note it because it was an injury?
JANICE ROSS: Correct.
RICK HUBBARD: And the bag, had it been torn into?
JANICE ROSS: No, it had not.
RICK 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.)
RICK HUBBARD: With the permission of the Court, I will not publish these at this time.
THE COURT: Yes, sir.
RICK 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.
RICK HUBBARD: Your Honor, I move these into evidence.
BOYD YOUNG: No objection.
THE COURT: No objection. Do the certificates have the names of the children on each one of them respectfully?
RICK HUBBARD: Yes, sir.
THE COURT: 333 -- go through them for Joy.
RICK HUBBARD: I'll go back through them.
COURT REPORTER: Yeah, we've got 333, 334, 335 --
RICK HUBBARD: All the way to 337.
THE COURT: All without objection. (WHEREUPON, State's Exhibit numbers 333 through 337 were admitted into evidence.)
RICK 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.
RICK HUBBARD: How old was he when he died?
JANICE ROSS: Seven.
RICK HUBBARD: And happened in Lexington County?
JANICE ROSS: Correct.
RICK HUBBARD: Cause of death?
JANICE ROSS: Asphyxia due to strangulation.
RICK 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.
RICK HUBBARD: As to State's 334, it says Merah Gracie Jones?
JANICE ROSS: Yes.
RICK HUBBARD: How old is she?
JANICE ROSS: At that time, she was eight.
RICK HUBBARD: Eight years old. County of death was Lexington?
JANICE ROSS: Yes.
RICK HUBBARD: And cause of death?
JANICE ROSS: Homicidal violence.
RICK HUBBARD: All right. 335, Gabriel Asher Jones, how old was he?
JANICE ROSS: Two years.
RICK HUBBARD: And the county was?
JANICE ROSS: Lexington.
RICK HUBBARD: And the cause of death?
JANICE ROSS: Homicidal violence, probable strangulation.
RICK HUBBARD: And again, did you have evidence of striation marks from a belt or some type of device to strangle him?
JANICE ROSS: Yes.
RICK HUBBARD: State's 336, Abigail Elizabeth Jones, how old was she?
JANICE ROSS: One year.
RICK HUBBARD: And county of death?
JANICE ROSS: Lexington.
RICK HUBBARD: Cause of death?
JANICE ROSS: Homicidal violence.
RICK HUBBARD: And finally, Nahtahn Jones, I can't pronounce his middle name, it's H-E-H-S-E-Y-D?
JANICE ROSS: Correct.
RICK HUBBARD: How old was Nahtahn?
JANICE ROSS: Six.
RICK HUBBARD: What county did he die in?
JANICE ROSS: Lexington.
RICK HUBBARD: And the cause of death?
JANICE ROSS: Homicidal violence.
RICK 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.
RICK HUBBARD: Okay. Dr. Ross. Thank you so much.
BOYD YOUNG: No questions.
THE COURT: No questions. Dr. Ross, thank you very much.
SUZANNE MAYES: State calls Janet Ricard.
THE COURT: Ms. Ricard, you're still under oath.