7.Shelby Derrick — Direct (Recall)
83 linesSHAWN GRAHAM: The State would call Shelby Derrick to the stand.
SHELBY DERRICK, being first duly sworn, testified as follows:
COURT CLERK: Please state your name, spelling your last when you have a seat. You're still under oath.
COURT REPORTER: Your name again is?
SHELBY DERRICK: Shelby Derrick, D-E-R-R-I-C-K.
THE COURT: She testified earlier. Ms. Derrick, you're still under oath.
DIRECT EXAMINATION BY MR. GRAHAM:
SHAWN GRAHAM: Ms. Derrick, back in 2014, you were working with the crime scene with the Lexington County Sheriff's Department, correct?
SHELBY DERRICK: Yes, sir.
SHAWN GRAHAM: And earlier, you had testified, I think, that on September 8th of 2014 that you came into possession of Amber Jones' phone and that you did an extraction on the phone, is that correct?
SHELBY DERRICK: Um --
SHAWN GRAHAM: Or you came --
SHELBY DERRICK: I believe so. I'm not sure if I testified to that or not. But I did come in contact with her cell phone, yes.
SHAWN GRAHAM: So you were asked to do an extraction on the phone?
SHELBY DERRICK: Yes, sir.
SHAWN GRAHAM: Which is where you pull off the information on there, correct?
SHELBY DERRICK: Yes sir, when we extract data off the phone.
SHAWN GRAHAM: Let me show you several photographs and ask if you recognize these as photographs that you pulled off of Ms. Jones' -- Ms. Kyzer's phone?
SHELBY DERRICK: Yes, sir, they are.
SHAWN GRAHAM: Your Honor, the State has premarked these. They're all marked for ID and they'll be published with a later witness. But for the record, they're State's 222 for ID, State's 220 and 221, currently for ID, State's 219 for ID and State's 218 for ID. (Whereupon, State's Exhibit 220, 221, 222, 218 and 219 were marked for identification only.)
THE COURT: Okay, those are ID only, been identified.
SHAWN GRAHAM: In addition to those photographs, let me show you two disks, which have previously been marked as State's 188 for ID and 189 for ID, and ask if you've had an opportunity to look at those disks and verify that those video recordings came off of Amber Jones Kyzer's phone?
SHELBY DERRICK: Yes, sir, I did. And I have my initials on them.
SHAWN GRAHAM: Your Honor, the State would move 188 and 189 from ID into evidence at this time.
BOYD YOUNG: No objection.
THE COURT: No objection, 188 and 189, the videos from Ms. Kyzer's phone admitted without objection. (WHEREUPON, State's Exhibit numbers 188 and 189 were admitted into evidence.)
SHAWN GRAHAM: 188 was previously identified by Amber Kyzer as a video clip containing her daughter, Merah, and also the Defendant, Tim Jones, Jr. Are you aware from your extraction of the phone the date or time that that video -- what can you tell me about when that video was -- video clip was created?
SHELBY DERRICK: The dates they were created or the dates I extracted them?
SHAWN GRAHAM: Both. I mean, you can say both.
SHELBY DERRICK: On September 8th is when I actually did -- or started the extractions. Sometimes it takes a little longer, maybe a couple days, depending on the type of phone. We hook it to a -- I believe y'all have heard about the Cellebrite before in previous testimony. It was a Trac phone, which is a type of cell phone. So I hooked it into the system and it downloaded the extraction and took a little time. So once I got all the data together, I transferred it from the USB drive, the little disk that comes with it, and placed them on the actual disks that were placed into evidence. So that file transferred from the Cellebrite to the disks was on September 11th.
SHAWN GRAHAM: And when you look at the properties of that file which shows a modified date of June 16th of 2013, at 10:25 p.m., what does that mean?
SHELBY DERRICK: Usually -- I'm not sure if y'all are familiar with computers, but usually when you pull up a property of a photograph or a video, it will have the date you accessed it or the date that you transferred it. It also has a modified date or created date. That was the actual date that the device itself either saved it or viewed it or received it. Of course, there's a lot more data that goes with that file that you have to have special programs to read, but as far as the properties on the computer, it says, I believe one is 6/21/2013. I'm not sure of the actual -- I think they're written on the DVDs -- or written on the DVDs.
SHAWN GRAHAM: The one for -- that's one of the properties printed out and that's for Merah, which is 188. And that showed a modified date of?
SHELBY DERRICK: It was viewed or on the device, either saved or last viewed June 16th of 2013.
SHAWN GRAHAM: Permission to publish, Your Honor?
THE COURT: Sure. (WHEREUPON, State's Exhibit number 188, a video clip, was published for the jury.)
SHAWN GRAHAM: Ms. Derrick, were you able to determine whether that -- how that clip came to be on Amber's phone?
SHELBY DERRICK: I believe it was sent via text message from another cell phone.
SHAWN GRAHAM: Okay. State's 189 showed Elias and Tim Jones, Jr. as well. Were you able to look at the properties on that one?
SHELBY DERRICK: Yes. The created and access date are the same, September 11th, as the one before because that's when I put them -- or placed them on the disks, transferred them. The actual date it was either saved or accessed on the device itself being Amber's cell phone was June 7th of 2014.
SHAWN GRAHAM: Permission to publish this, Your Honor?
THE COURT: Yes, sir. (WHEREUPON, State's Exhibit number 189, a video clip, was published for the jury.
SHAWN GRAHAM: Thank you, Ms. Derrick.
BOYD YOUNG: No questions, Your Honor.
THE COURT: You may step down. (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
THE COURT: I thought we were a little bit more organized. One thing that the State was going to present, the defense is reviewing it first. Y'all step in the jury room. They'll review it. We'll bring y'all back in here and present that. So don't discuss the case. Step in the jury room. Bring you right back out there.
(WHEREUPON, the jury is excused from the courtroom.)
THE COURT: All right. We'll stand at ease.
(WHEREUPON, a short break was taken.)
SHAWN GRAHAM: Your Honor, previously State's 187 for ID is a recorded jail phone call that was in the format of Global Tel Link, which is the company that monitored and recorded calls for SCDC. This is the entire call.
THE COURT: This is the one I listened to and had trouble with the listening media --
SHAWN GRAHAM: Correct, Your Honor. Now, the State is moving it from 187 ID to a Court's Exhibit so the Court will be able to hear the entire call. That's now Court's 118 for ID.
THE COURT: I've already heard the entire call during prior, previously.
SHAWN GRAHAM: State's 330, which we will introduce in evidence when the jury comes back is a redacted version of that Court's 118 for ID that takes out the part where Mr. Jones talks about going to a mental hospital and being out in a 120 days.
THE COURT: Consistent with your request.
BOYD YOUNG: Yes, sir.
THE COURT: So former State's Exhibit is now Court's Exhibit 118 and now this one is 3 --
SHAWN GRAHAM: 330.
COURT REPORTER: 330.
THE COURT: Which will be introduced momentarily. That's the redacted version.
SHAWN GRAHAM: Yes, sir. (WHEREUPON, Court's Exhibit number 118 was marked for identification.)
THE COURT: Mr. Young, y'all ready?
BOYD YOUNG: Yes, sir.
THE COURT: All right. Bring the jury, please. (Whereupon, the jury came into open court at approximately 11:40 a.m.)
THE COURT: All right. Good deal. Call your witness, please.
SHAWN GRAHAM: Pursuant to South Carolina Code 19-5-520, we provided the Defense with notice, which is really 289, which is business record affidavit stating that the documents -- or in this case, the recording and document are true and accurate copies. The State would offer 289 into evidence, which is the affidavit from Global Tel Link as to these records. It's currently marked for ID and we would move it into evidence.
BOYD YOUNG: No objection.
THE COURT: No objection. (WHEREUPON, State's Exhibit number 289 was admitted into evidence.)
SHAWN GRAHAM: State's 290, Your Honor, is a printout of the screen related to this call showing that the call occurred on November 26th of 2014 at 08 hours, 01 minutes and 33 seconds. And the State would offer 290 into evidence as well.
BOYD YOUNG: No objection.
THE COURT: No objection, 290. (WHEREUPON, State's Exhibit number 290 was admitted into evidence.)
SHAWN GRAHAM: State's 330, Your Honor, is the recording of that conversation. This was a recording made, as I said, on November 26th, 2014. The voices have been previously identified by Amber Kyzer as being the Defendant, Tim, Jr., his father, Tim, Sr., his Aunt Bernadine and also his cousin, Blake. Those are the voices on this call. At this time, the State would move 330 into evidence.
BOYD YOUNG: No objection. (Whereupon, State's Exhibit 330 was admitted into evidence.)
THE COURT: All right, folks, what they're doing, there was a call made. A recording was made of it during the call ahead of time. Those are the records that says that's what happened, this is the recording. That's what we're trying to get squared away.
SHAWN GRAHAM: Permission to publish, Your Honor?
THE COURT: Permission granted. (WHEREUPON, State's Exhibit number 330, a recording, was published for the jury starting at 11:45 a.m., ended at 12:00 p.m.) (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
THE COURT: All right. The next witness is going to be about an hour, so let's go to lunch now. The reservations are now. So hopefully they can take y'all early. Don't talk about the case till you're back here. When y'all get back, we'll be ready to go. (WHEREUPON, the jury was excused from the courtroom for a lunch break.)
THE COURT: All right. See you about 1:15, 1:30.
(WHEREUPON, a lunch break was taken.)
THE COURT: All right. You ready to go?
RICK HUBBARD: Yes, sir.
THE COURT: Call your witness.
RICK HUBBARD: Thank you, Your Honor. The State calls Dr. Janice Ross.