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2019 Murder TrialtranscripttranscriptDeborah Grey — Proffer Outside Jury - Day 29 - 2019 Murder TrialBefore the jury entered, Deborah Grey described her biopsychosocial-history review and reported family history; the court directed a condensed jury presentation.
Rick HubbardCasey SecorEugene C. Griffith, Jr.Deborah GreyCourt ClerkDeborah GreyCourt ReporterCasey SecorTHE COURTRick Hubbarddirect
12 pages·6 witnesses·2,112 lines
Defense psychiatrist Donna Maddox testified about her schizophrenia diagnosis, while family witnesses asked the jury not to impose death. The court issued several rulings limiting proposed mitigation evidence and heard social-history proffers outside the jury's presence.
Deborah Grey — Direct (Proffer Outside Jury)
DirectDirectDeborah Grey — Direct (Proffer Outside Jury) Deborah Grey Casey Secor

DEBORAH GREY, being first duly sworn, testified as follows:

COURT CLERK: Once you're seated, state your full name, spelling your last.

DEBORAH GREY: Deborah T. Grey, G-R-E-Y.

COURT REPORTER: G-R-E -- and how do you spell your first name?

DEBORAH GREY: D-E-B-O-R-A-H.

DIRECT EXAMINATION By Mr. Secor:

CASEY SECOR: Ms. Grey, if you would, just tell the Judge about your background, please, and education.

DEBORAH GREY: I went to Wake Forest University and attended graduate school there, as well, graduating in 1973. I then went to work for the Department of Social Services, where I worked for a total of nine years doing adult protective services and children and family counseling with kids who had been abused and neglected and adjudicated. I then went to graduate school in the middle of that and continued at Social Services before I went to work at a psychiatric hospital where I worked with adolescents near families. Ultimately, I ended up in more of a managerial position there, but I continued to do work with adults primarily. I went into private practice with a group of psychiatrists in about 1982 and I stayed there until about four or five years ago. I saw, primarily, individuals with mood disorders. I did initial assessments for the physicians who would then see the patients and often, prescribe medications. I also did treatment. I saw, probably, 35 to 45 patients a week during the time that I worked there. About 20 years ago, I started working with -- in the legal system doing complex psychosocial histories on individuals who had been charged with fairly serious crimes. Oftentimes, Capital murder.

CASEY SECOR: And tell us how you create a social history and what the purpose of it is.

DEBORAH GREY: The shorthand for this is a social history. The longhand is biopsychosocial history, which is kind of a mouthful, but what it means is, there's a biological side to that where we are looking at an individual's genetic tendencies. What they may have inherited from their family. We're looking at things like IQ, temperament, medical illnesses, experienced mental illnesses, injuries, head injuries, that sort of thing. On the psychological side of that, we're looking at their cognitive and social and emotional competence and how that has developed overtime. Their ability to concentrate, their ability to problem solve, their ability to regulate their emotions and their ability to create and sustain in depth relationships with people. And, finally, the social side of that is, how are their relationships? How have they related to people overtime? Do they have in depth relationships with people? What sorts of things disturb relationships for this individual? So that's a biopsychosocial history and to do that, I meet with the individual many, many times, I meet with as many of the family members as I possibly can and I review records. And then, I interview other people who've known the client overtime.

CASEY SECOR: And are these social -- I'm just going to say, social history for brevity. But these are things that are relied upon by experts in the fields that you've worked in?

DEBORAH GREY: Yes. Historically -- when I first started out in social work, they were relied upon primarily by psychiatrists. In the legal world, they're oftentimes relied upon by forensic psychiatrists and forensic psychologists as a basis of their opinion.

CASEY SECOR: And how many of these do you think you've done in your career or have been involved in creating?

DEBORAH GREY: In the psychiatric field, I would say, thousands. In the legal venue, I would say, maybe, 100, 150.

CASEY SECOR: So that's your role in this case?

CASEY SECOR: Creating a social history for Tim and -- the social history of Tim Jones, Jr.?

DEBORAH GREY: Yes. And I should mention, when I talked about, what do I do to gather this information. In addition to reviewing records on the client, I review records on as many of the family members as I can going back as far as I can--

CASEY SECOR: Yes, ma'am.

DEBORAH GREY: -- so that it's an extended process and it's a deep process.

CASEY SECOR: Yes, ma'am. And just for purposes of the record, I just want to -- you've looked at these notebooks -- these notebooks are all the documents that you've reviewed and you've looked at these notebooks to ensure that, right?

DEBORAH GREY: I did. Yes. They are double sided.

DEBORAH GREY: The pages. And I will say that what I reviewed were electronic documents. Not the paper documents.

CASEY SECOR: And just for purposes of the record, Your Honor, this is what's been marked for identification purposes as Def? A Defendant's Exhibit 353, 354, 355, 356, 357, 358, 359, 360.

CASEY SECOR: And you mentioned, also, meeting with Tim --

CASEY SECOR: -- is that right? And then, meeting with members of his family and people that knew him?

CASEY SECOR: And do you have an approximate number of the number of people that you actually met with for purposes of creating this? And it doesn't have to be exact.

DEBORAH GREY: I'd say, probably close to 30.

DEBORAH GREY: I'd have to check. Some of the folks, I interviewed more than once.

CASEY SECOR: Yes, ma'am. You've been to five or six states, I think?

DEBORAH GREY: Yes. I started off in Mississippi where his family now works. And then, I went up to Syracuse where I interviewed his mother. And then, I went to Austin where I interviewed several fellas from Intel. I went to Chicago on two occasions to interview people that knew him growing up in Chicago and some of the family that's still in Chicago. I went to Toledo and interviewed Pastor Sutton. I went to Alabama and interviewed a neighbor from when he was growing up and I went back to Mississippi and that covers it.

CASEY SECOR: And you spent a bunch of time in South Carolina, as well?

DEBORAH GREY: And -- I did. Yes.

CASEY SECOR: Your Honor, can I just ask Mr. Young something, quickly?

CASEY SECOR: I think I've gone over your experience and background and just for purposes of the record, I would offer Ms. Grey as an expert at this point just for the record, I guess.

THE COURT: Any voir dire of Ms. Grey?

RICK HUBBARD: No, sir, Your Honor.

THE COURT: She'll be an expert on biopsychosocial history. Is it biopsychosocial historian?

DEBORAH GREY: Biopsychosocial history. I'm a licensed clinical social worker.

THE COURT: So she's offered as an expert in that field. Biopsychosocial --

DEBORAH GREY: -- history as a licensed clinical social worker.

CASEY SECOR: Your Honor, if we may, I was going to have Ms. Grey come down and one thing that she creates a part of the social history is what's called a genogram, which is an extraordinarily condensed version. And just ask her to put it on the overhead and explain it to us. Is that okay with you?

THE COURT: Yeah. Do you have a small one I can have in my hand?

CASEY SECOR: Yes, sir.

THE COURT: My eyes are clearer up close.

CASEY SECOR: I've got the giant one.

(Whereupon, a sidebar was held).

CASEY SECOR: Is it all right if she comes to the overhead --

THE COURT: Sure. Sure.

CASEY SECOR: -- so that she can point things out?

THE COURT: When she starts pointing stuff out, I can read all the small text here.

CASEY SECOR: There's two versions, Your Honor, and as you can see -- I don't know why I'm talking. Ms. Grey should be talking. A This is what's called the genogram and it's something that's used typically by social workers. But it's also used by medical professionals to indicate a family structure. And the key to that is that a circle represents a female and a square represents a male. And if you look up here (indicating), where the main dot is, that line represents a union. And in this instance, it's a marriage and down below, it would be the children. If there's an X on a circle or a square it means that that person is deceased. So that's how you read a genogram. In this particular instance, this is a genogram that covers his father's side of the family and over here (indicating) is his mother's side of the family. Here is Tim, Jr., and Amber and the children. His father, Tim, Sr. Grandmother, Roberta. Great-grandmother and great-grandfather and grandfather.

CASEY SECOR: Now, this is --

THE COURT: That looks a lot different than the one she's handing me.

CASEY SECOR: Yes, sir.

CASEY SECOR: I'm sorry.

CASEY SECOR: And the reason why you're showing Judge Griffith this version, Ms. Grey, is what?

DEBORAH GREY: This is the bare bones. This is as I find out who are all the people in this family and what is their relationship to each other and what year were they born. This is what I start out with and as you can tell in this particular instance, there's some confusion and complexity to it going back a couple of generations. And what Mr. Secor is going to show you is what happens after I've reviewed records, talked to people and put together what the relationships are and what the inner-generational patterns are in those.

CASEY SECOR: Your Honor, that, I believe, is the one that Your Honor has. But this is the same version and Ms. Grey will --

THE COURT: Okay. A Yeah. Okay. So when I put this together, what I was looking for were patterns across generations of various things. When people go to see the doctor these days, the doctor will say, tell me if you have a family history of diabetes or heart disease or seizure disorders. When you go to see a social worker, they ask you, did your parents have or did your grandparents have, what do you know about what these folks had, as far as major illnesses. Yes, but also, in terms of mental illness, which is heritable; substance abuse, which is heritable; and also, behaviors related to parenting, as well, as violence and domestic violence and there are a number of reasons for that. When I'm looking at an individual like Mr. Jones and I'm looking at, say, his parenting patterns, I want to know if the way that the parents has been the same all the way through from when he first started having children until he did not. But I also want to know, is that reflective of the way that he was raised. Is it totally different from how he was raised or is it a combination of how he was raised and being totally different. If there are parts of that that are part of how he was raised, then I want to know how his father was raised because how his father raised him had a whole lot to do with how he was going to approach child rearing and relationships himself. If there seem to be patterns there, then I want to go as far up the ladder as I can to see what I can find out about these family patterns and where they may have begun. Patterns of violence, patterns of mood disorder, patterns of a variety of things that I will go through with each of these individuals, if that's okay, very quickly.

THE COURT: Yes, ma'am. A Okay. We have, with his grandmother, Roberta and I've reviewed a number of Roberta's medical records. But I've also reviewed legal records from Ms. Thornsberry. And so, when I'm going through these, what I'm going to be talking about is what are the things that led me to put these labels up here. Why are they there. So we'll start with the grandma. Going back to 1986, charged with reckless conduct, shooting at her husband. Another 1986 domestic dispute. In 1987, conviction for possession of cannabis and cocaine. Another 1987 domestic dispute. In 1990, arrested for fighting. 1998, arrested for theft with children present at the time. Psychiatric diagnoses beginning in 2005 with major depression, single episode, moderate, treated with Prozac. In 2006, anxiety and depression, treated with Trazodone and Wellbutrin. In 2007, increased depression with anxiety, treated with Lexapro, an antidepressant. Schizoaffective disorder, treated with Lithium, a mood stabilizer; Seroquel, an antipsychotic; and Remeron, antidepressant. Bi-polar two, mixed type of history of psychosis, anxiety disorder. And the other medicines that were also included were Klonopin, which is an anti-anxiety medication; BuSpar, anti-anxiety; Chantix, smoking; and Trazodone is an antidepressant that's often given to help people with sleep. In 2008, the diagnoses were bi-polar and ataxia, bi-polar disorder or schizophrenia, mood disorder, generalized anxiety disorder, histrionic or borderline traits, treated with Depakote, a mood stabilizer; Trazodone, Mirtazapine, an antidepressant; Wellbutrin, an antidepressant; and Clonazepam, which is --

COURT REPORTER: I need you to slow down. A -- an anti-anxiety medicine. I need to go slower?

COURT REPORTER: Yeah. There's a lot of medicines involved. A Okay.

COURT REPORTER: Yeah. If you don't mind. A In 2006, anxiety and depression, treated with Trazodone, T-R-A-Z-A-D-O-N-E, and Wellbutrin, W-E-L-L-B-U-T-R-I-N. In 2007, depression with anxiety, treated with Lexapro, L-E-X-A-P-R-O. Schizoaffective disorder, treated with Lithium, Seroquel, S-E-R-O-Q-U-E-L, and Remeron, R-E-M-E-R-O-N. Bi-polar two, mixed type, with history of psychosis. Anxiety disorder, treated with Remeron, Clonopin, C-L-O-N-O-P-I-N, Lithium, Seroquel, S-E-R-O-Q-U-E-L, Lexapro, BuSpar, B-U-S-P-A-R, Chantix and Trazodone, T-R-A-Z-A-D-O-N-E. 2008, bi-polar and ataxia, A-T-E -- A-T-A-X-I-A, which just means restless movements and are usually related to a psychiatric medication, treated with Depakote, D-E-P-A-K-O-T-E, Trazodone and Mirtazapine, M-I-R-T-A-Z-A-P-I-N-E. Bi-polar disorder or schizophrenia with a question mark. Mood disorder NOS. Generalized anxiety disorder. Histrionic or borderline traits, treatment with Wellbutrin and Clonazepam. 2009, depression NOS, rule out mood disorder.

No recent psychosis, two to three years. PTSD, GAD, histrionic and borderline, history of alcohol abuse. 2017, depression, bi-polar. Most recent episode, mixed with psychotic behavior. Personal history of schizophrenia and child sexual abuse, raped. Roberta's then treated with mood stabilizers, antidepressants and anti-anxiety medications. And so, up here (indicating), we have the diagnoses, just the shorthand, or there are diagnoses there. Larry is her husband and the only grandfather that Mr. Jones has known. Not a blood relative, but what's significant would be his legal record, which is short, but significant. In 1986, harassment and domestic violence. In 1987, possession of cannabis and cocaine. Larry Thornsberry, Jr., who is Uncle Larry that we've heard talked about, had a record for a protection order against him in 2000 and he was reported as bi-polar by his mother and other family members.

Tim's aunt, Elaine Schrader, is known within the family to have had problems with substance abuse specifically, drug addiction. On this side over here (indicating), also on the paternal side, there are two suicides from cousins and both of those were reported. I don't have documentation of that. I do have documentation of the suicide of Roberta's brother, Eugene, and of her sister, Carol. Eugene's suicide was at the age of 18. Carol was 15 when she committed suicide. There is an uncle -- two uncles up here who share the same great-grandfather with Mr. Jones, only, he is their father. And both of them have documented problems with substance abuse. So that's the mother's side of the family.

CASEY SECOR: Yes, ma'am.

DEBORAH GREY: Excuse me. The father's side of the family. This is the mother's side of the family (indicating). So this is our client's mom, Cynthia Jones, and she has an extremely lengthy record. In 1982, battery, she was the victim. 1982, battery, she was the perpetrator. 1985, criminal damage to property and disorderly conduct and I have a lot of diagnoses--

CASEY SECOR: Is it all right if Ms. Grey shows Ms. Joy the sheet that she's reading from so that she doesn't have to spell them out. Would that be easier?

THE COURT: If it would help Joy, it certainly will help us.

DEBORAH GREY: I can't read it and show it to her at the same time.

CASEY SECOR: You can stand over here.

COURT REPORTER: Well, I mean --

CASEY SECOR: Would that help?

COURT REPORTER: No.

COURT REPORTER: Just read slow.

CASEY SECOR: Yes, ma'am. A Okay. 1988, schizophrenia, disorganized, acute.

THE COURT: And I'll let you keep reading. Everything that she's done thus far has been '81 forward except for a few comments about --

CASEY SECOR: Yes, sir.

THE COURT: We can keep presenting, but so far, you're okay.

CASEY SECOR: Yes, sir. We haven't begun the social history. What she is demonstrating with the genogram is the result of the social history shed -- to create this picture and some of the things -- yeah. Some of the diagnoses and some of the arrests are post-Tim's birth, but I think that you'll hear, when she begins going through the social history, it begins back with Ted Montane.

THE COURT: I don't disagree with that. So far, you're okay.

THE COURT: I mean --

CASEY SECOR: I understand. And I think the genogram ultimately -- obviously, I believe that it's all relevant and admissible. Obviously, that's up to Your Honor. I think the genogram is probably admissible, but the story behind the genogram, the social history, is what I believe that the Court's ruling would prevent for purposes of presentation in front of the jury prior to '81. If Your Honor would prefer us to just do the stuff that you think is likely to be inadmissible and save this for later, we can do that, if you think it's more appropriate to address that.

THE COURT: You know, the purpose of the proffer thus far is to create the stuff you're trying to get in.

CASEY SECOR: Yes, sir.

THE COURT: The fact that these folks have lengthy -- and she has a long list of things they have --

CASEY SECOR: Yes, sir.

THE COURT: -- all of that is going to be allowed. You don't have to proffer that.

THE COURT: You can.

CASEY SECOR: No. I'm just trying to -- as we say, out of an abundance of caution. But if you want me to go directly to what I believe to be excluded by Your Honor's ruling, I'm happy to do that. If you think that makes more sense. Whatever you would prefer. If you'd like us to go right to the social history and begin on page one and tell you all of the things that we think we need to tell the jury in order for them to understand this genogram, I'm happy to do that.

THE COURT: All right. Let's do this. Why don't we skip the medical history of each one.

CASEY SECOR: Yes, sir.

THE COURT: It's going to be allowed, if you want to present it.

CASEY SECOR: Yes, sir.

THE COURT: She's got it.

CASEY SECOR: I understand. Thank you.

THE COURT: And, say, lengthy medical history and a lot of mental illness diagnosis and so on. She can detail them when she goes through it tomorrow.

CASEY SECOR: Okay. Yeah.

THE COURT: How about --

CASEY SECOR: She can do that in front of the jury.

THE COURT: How about, compress some of the stuff that's not needed for me.

CASEY SECOR: Yes, sir.

THE COURT: An extensive mental health history --

CASEY SECOR: Yes, sir.

THE COURT: -- of Ms. Cynthia --

CASEY SECOR: Yes, sir.

THE COURT: -- and keep moving.

CASEY SECOR: That's fine. And we can -- it may make more sense to go to the social history. Just specifically discuss the information that I think will be in dispute regarding its admissibility. Is that all right with Your Honor?

CASEY SECOR: All right, Ms. Grey. You've been here some days of the trial and heard some of the testimony from various witnesses. The only reason I bring that up is to say, the Court is aware of some of the details of Roberta's history and Tim, Sr's., history. So I don't want you to skip that, but you can just sort of gloss over it because the Judge heard it very recently. So if we just start with Roberta and we'll go from Roberta's childhood up to Tim, Jr's., birth. Okay?

DEBORAH GREY: So I heard Ms. Thornsberry testify to how she went to the orphanage when she was about three years old and the story about being left on the Court House steps. And going back to stay with her mother who had married Ted Montane and how Mr. Montane then began to rape her within a day of her coming back to the home at seven or eight years old. And in addition to that, she observed him beat and torture her mother over an extended period of time. He also sexually abused her sisters and by age 11, Ms. Thornsberry was pregnant by Mr. Montane. Her mother knew that and rather than take action on that, her mother threatened to send Ms. Thornsberry away as an undisciplined child if she said or did anything about that. She came out of school in the fifth grade and had this baby. She was listed on the birth certificate as 16 years old, but, in fact -- she was listed on Tim, Sr's., birth certificate as 16 years old, but I have her birth certificate that shows that she was actually 12. So they represented her as 16 at the hospital rather than as being 12.

CASEY SECOR: That's because you've looked at things like birth certificates and you know that Roberta was born in '51?

CASEY SECOR: And Senior in '64?

CASEY SECOR: Okay. All right. So Senior is born and he, eventually has two siblings. Is that right?

DEBORAH GREY: Correct. She is taken away from her family by Mr. Montane and they are -- as you heard her say, she was on the run with him for a number of years as a young teenager. First, with a baby. And then, she had the second child when she was 14 and the third child when she was 16. At 16 years old, he forced her to marry him, putting 22 years old on the marriage certificate when, in fact, she was 16 and he was 39 years old. He engaged in a variety of abusive behaviors with her that --

THE COURT: Tell me, what's her birthday? Ms. Thornsberry.

DEBORAH GREY: Ms. Thornsberry was born in .

THE COURT: Okay. A So Tim, Sr., who told us earlier that he worried for his mom because of what he saw and she talked about a few of the things that happened, but she's talked to me about some additional things. Including how Ted Montane would beat her with a hammer, that he tied her into a chair and beat her until she passed out. And then threw cold water on her to revive her and beat her some more, that he choked her until she would pass out. And then revive her and choke her some more, that he would tell her to take all of her clothes off and lie down in the bathtub where he would beat her because he could hose her off afterwards. It was easier and she wouldn't leave blood around the house. When I asked her why these things would happen, sometimes, they would happen out of the blue. But oftentimes, it was because he thought she looked at someone. That she had looked at another man. She did something that displeased him.

CASEY SECOR: And what did he force her to do for purposes of making money?

DEBORAH GREY: She was still a teenager. Middle teenager. Fifteen, 16 years old when he forced her into prostitution. Keeping the money, he would take her places to meet with men. One of the things that she reported was that the men he took her to, some of them were actually quite a bit nicer to her than he was. He got wind of that and stopped the prostitution and put her to work in a factory.

CASEY SECOR: And how long is Roberta and Senior living under this Ted Montane?

DEBORAH GREY: Until she was about 17 years old and I think one of the things, for the purposes of family history, that's significant. She was so young and these children were so young and that they knew absolutely everything that was going on in these small houses or trailers or apartments that they were living in. There were no secrets in this family. Everything was shared. So if she was being beaten, if she was being raped, if they were cursing at each other, all of the children would be aware of that. The other thing is, she was a child herself and there was no way that she could protect her own children from seeing what she was going through. So there was a lack of protection there from her mother to her and from her to her children.

CASEY SECOR: And how does she -- how does Roberta eventually get away from Ted Montane?

DEBORAH GREY: Roberta reconnected with someone from Hazard, Kentucky, where she had been raised. A man named Larry Thornsberry and Larry was also 17 years old. Roberta was 17 with three small children, a one year old, a three year old and a five year old. Larry had no children, but he knew all about what Roberta had been through because it is a small town and Larry had come from a family with a lot of trauma himself. Larry's dad was in prison for killing two men, Larry's father had molested all of his sisters, fathered a child, I believe, with one of them and had beaten his mother badly. And one of Larry's sister had accidentally killed the other sister while playing with a loaded shotgun. So he was no stranger to trauma and hard times himself and he helped Roberta and the children to escape.

CASEY SECOR: Yes, ma'am. And when they escaped from Ted Montane, I think both Roberta and Senior mentioned that they lived sort of on the run in fear of him. Is that what your social history shows?

DEBORAH GREY: Yes. What I heard from both of them was that they were constantly on the move, that Roberta was always in fear, looking over her shoulder to see if Ted was following them. Tim, Sr., said that he went to probably eight or nine schools. They lived in various places across the country. Tim, Sr., said that life for him was like living in a cesspool. It was violent at home, it was scary at home, but the neighborhoods that they lived in, especially as he got older, had a lot of violence, as well. And so, there was lack of safety, sometimes, going to school where he feared being jumped and beaten to going home when he feared his mom was going to be jumped and beaten.

CASEY SECOR: So this is when Senior is about five years old, right?

DEBORAH GREY: From five to about age 12.

CASEY SECOR: Okay. But the violence that he's experiencing at home now is what's going on between Roberta and Larry. Is that right?

DEBORAH GREY: Yes. Once Roberta got away from Ted, although she maintained that fear for a number of years, she began drinking. Described it as a self medication to try to make the nightmares go away, to make the fear, to make the anxiety go away. But when she would drink, she would get angry and when she got angry, it was usually at her husband, Larry, and there were a variety of real rampages that would take place in the house when she would get angry and when she would get upset.

CASEY SECOR: And is that kind of thing, in your experience, the substance abuse in reaction to your past, is that something that you've experienced with the people that you've worked with?

DEBORAH GREY: Yes. A lot of people with mood disorders have a tendency, especially if there's a family history, to self medicate using alcohol or using something like marijuana. Something that they think will take the edge off without realizing it's actually, potentially, making things worse.

CASEY SECOR: Yes, ma'am. So we've heard, then, that Roberta leaves Larry for a period of time and he's involved -- and she's involved in a brief marriage to Phillip Caliendo?

DEBORAH GREY: A man named Phillip Caliendo and I think Tim, Sr., may have talked briefly about an event when she was married to Caliendo and what he told me was, mom would go on these rampages. I would come home from school and every room in the house was destroyed, but Caliendo had money. And so, what Tim, Sr., said -- is it okay to quote the family and their language?

CASEY SECOR: Yes. Your Honor knows that some of the language that you've heard from the family can be a little bit salty and --

DEBORAH GREY: One of the things that I think is important about using the language that's used in this family is, this language was used around children and it was used around children consistently, day in and day out. So the language I'm using is similar to the language used in the family and Tim, Sr., said of mom's married to Phillip Caliendo, "We went from dirt fucking poor to holy shit rich and back to dirt fucking poor again."

COURT REPORTER: Can I get you to spell that name, please?

DEBORAH GREY: C-A-L-I-E-N-D-O, Caliendo.

CASEY SECOR: Was Phillip Caliendo abusive to Roberta or her children, according to what you found?

DEBORAH GREY: No. I don't think so. I believe that Roberta was, perhaps, abusive to Caliendo on occasion, as he told Tim, Sr., that Roberta had given him a heart attack and that's why he was in the hospital. I think it was a very combative relationship.

CASEY SECOR: And it was Phillip Caliendo's house, I believe, that Roberta one time tore apart --

CASEY SECOR: -- is that correct?

CASEY SECOR: And tell us about what your social history tells you about that.

DEBORAH GREY: That was the event that I was describing a second ago --

CASEY SECOR: I'm sorry.

DEBORAH GREY: -- where Tim, Sr., came home and found the house to be destroyed. It was a house in Oak Grove, Illinois.

CASEY SECOR: Yes, ma'am. Sorry about that. All right. And then, that relationship -- that marriage ends and what happens after the end of Roberta's marriage to Phillip Caliendo?

DEBORAH GREY: Roberta went back to Larry Thornsberry and a matter of months later, Larry Thornsberry, Jr., was born. So now, the household had Roberta, Larry, Jr., and Tim, Sr., who was 12, a 10 year old and an eight year old.

CASEY SECOR: So Senior and his full siblings are all children of Ted Montane. Is that correct?

DEBORAH GREY: Yes. Larry Thornsberry, Jr., is the only child by Larry Thornsberry that's not by Ted Montane.

CASEY SECOR: Now, what is -- you described Larry and Roberta's relationship before as being -- involving violence and substance abuse, alcohol abuse. Tell us what happens -- does that continue when Roberta and Larry get remarried?

DEBORAH GREY: It did and, again, I have a quote from Tim, Sr., that describes what it was like. He said, "Her drinking was always bad and got worse as she got older. She would take it out on Larry and fuck up the house. She was an adult prospect. My mom believes in this ghost shit. She thought the house was haunted. Mom pulled a gun out, pointed it at everyone and had a hair trigger and she said she was going to kill all of you motherfuckers. She claimed it was the spirits in her, and then busted up the whole house again. They never arrested her. They just let her go home. Our normal life was just constant shit. You never knew what was coming next. You were always alert and always watching to see what would happen. My dad, Larry, tried to do the best that he could with that."

CASEY SECOR: And is Ted Montane still sort of lurking in the back of people's minds at this point?

DEBORAH GREY: For the years that they were on the run, he was definitely on their minds. And then, at some point, Roberta became emboldened and let him know that she could hurt him. She went outside his house and fired a gun and I think, at that point, from what I understand, she felt less fearful of him because she felt that she could hurt him if she had to.

CASEY SECOR: Now, we're getting close to 1980 and what is -- what's -- Tim, Sr., what's his life like at this point?

DEBORAH GREY: Tim, Sr., has been through a lot at this point and while his main job would be going to school. For all intents and purposes, he appears to have stopped going in about the eighth grade. In the ninth grade, he had about 40 absences -- 50 absences, which is the equivalent of 10 weeks, and only earned two credits for the entire year. Nonetheless, they promoted him to tenth grade where he had 42 absences in the first semester, and then dropped out for lack of interest. So he was about 16 at the time.

CASEY SECOR: Did he ever return to school, based on what you've found out?

DEBORAH GREY: Not to high school. I'm not sure whether he's gotten a GED. I know he's gotten professional training since then.

CASEY SECOR: Yes, ma'am. Now, is there anything that you feel like the Judge needs to know before we introduce Cynthia Granada?

DEBORAH GREY: I think -- if you look at this chart, you can see those red squiggly lines and the red squiggly lines mean a pattern of violence and sexual molestation. And so, what you see on both sides of this family is that there is a pattern of sexual abuse by father-type figures both on Cynthia's side, as well, as on Roberta's side. What you see on Roberta's side of the family is this lack of protection, that her mother didn't protect her from Ted Montane. She felt unloved and unwanted and abandoned by her mother. And then, her son comes along, Tim, Sr., when she's 12 years old and being carted around the country by a predator, and then trafficked by the predator for sex and she couldn't -- didn't protect her children from that.

Because of her being 12 years old when she started having children, there's a lack of awareness of child development, there's a lack of awareness of appropriate parent/child interactions and the boundaries that need to exist between parents and children like you don't talk about grownup business with children. In this family, whatever grandma's business was, whatever Roberta's business was, was the children's business, as well. So there were no boundaries there and because of how she had been raised -- these children, to the best of her knowledge, were not being molested. These children were not being beaten. They observed her molestation. They observed terrible beatings of her, but in her mind, that was better than what she went through. So there's a lack of awareness of what constitutes healthy relationships for children and what they need and that's what Tim, Sr., was raised with. So by the time he came through and dropped out of school at 16 years old, all that he had ever known was what he had experienced with his mother. His 12 year old mother who was now 28 years old when he dropped out of school at age 16. So this is a family that has no boundaries, that has a history of violence, that has a history of predators, that has a history of not keeping good boundaries with the children and poor parenting practices.

CASEY SECOR: And for the first five years of Senior's life, the male role model in his life was Ted Montane?

DEBORAH GREY: That's correct.

CASEY SECOR: Who is, simultaneously, his biological father and step-grandfather?

DEBORAH GREY: That's right. His role model after that would have been Larry who he is close to, but his model for a relationship was Roberta and Larry's relationship and there was a lot of love there, but there was also a lot of ups and downs and violence.

THE COURT: How old is Larry?

DEBORAH GREY: The same age. Only about five months different from Roberta.

THE COURT: And Tim, Sr., his birthday?

DEBORAH GREY: Tim, Sr., is . .

CASEY SECOR: So when Senior is about -- well, how old is he when he meets Cynthia?

DEBORAH GREY: He was about 16 years old.

CASEY SECOR: And she was?

DEBORAH GREY: About 16, also. She is a few months younger than he is.

CASEY SECOR: Okay. And I just want to stop for a second now and go back in time because this is the first time that Cynthia appears in the story. But let's go back and find out what has happened in Cynthia's life and her social history prior to the date that she meets Senior.

DEBORAH GREY: Cynthia was born . So about 10 months after Senior was born and she was the fifth of nine children born to Domingo and Maggie Granada, born initially in Wisconsin and came to Illinois for unknown reasons. What I know about this side of the family comes through her psychiatric records and it comes through family members on the Jones side of the family who have been close to people on the Granada side of the family. With one exception, the people on this side of the family declined to speak with me. So I don't know firsthand, from them, what happened. I do know, from these other sources, some information.

CASEY SECOR: Just briefly, do you know some of the explanations that have been given for why these people on Cynthia's side of the family didn't want to talk?

DEBORAH GREY: The sense for what I was told that it was too painful. It was too difficult. They didn't want to go digging back up in their family's secrets and their family history.

CASEY SECOR: Yes, ma'am. All right. I'm sorry. Please, continue with Cynthia's background.

DEBORAH GREY: So Cynthia is the fifth of nine and she later reported to her psychiatrist that she was initially sexually abused at age three by a stranger who was staying in the house with the family. But from that time on, she was routinely sexually abused by various adult males that would come in and out of the house. More than that isn't known. She did say, at some point, when they were trying to help her with her indiscriminate sexual behaviors -- someone would say they wanted to have sex with her and she felt like it was rude to say no. And so, her therapist was trying to talk with her about that and she relayed a story from when she was four years old. She said that she used to wonder when she was four, after intercourse, was it rude to roll over, suck your thumb and fall asleep, what did the mommies do.

CASEY SECOR: In the psychiatric records of Cynthia that you reviewed, did her treating doctors, as various points, surmise that something horrifically tragic had happened to her around that age?

DEBORAH GREY: They did. Yes. Cynthia's father also was into a form of voodoo called Santeria and what she reported to the Jones family was that he used to lock her in a dark closet with dead chickens bleeding down on her while she was huddled on the floor. She told her psychiatrists that her father kept bottles with preserved fetuses and fingers and dead animals in it, that he had human and animal skulls and that he practiced some sort of rituals with candles and that her mother knew about all of that, didn't agree with it, but her mother didn't protect her or the other children from this. Nor, did her mother protect her from the sexual abuse that she was going through.

CASEY SECOR: And this man is Domingo Granada that you're talking about now, Domingo, Sr., right?

CASEY SECOR: And he was back and forth to Texas a lot when she was young. Is that right?

DEBORAH GREY: Yes. It seemed like -- one of the psychiatrists said that it looked to her like he was back and forth from Texas, staying in town only long enough to get her pregnant again before he would leave and the psychiatrist noted how difficult life must have been for this family with a growing number of children and a dad who was having also a lot of legal problems related to substance abuse at that time.

CASEY SECOR: All right. Is there anything that I've neglected, up to this point, before we sort of talk about the meeting of Senior and Cynthia? I guess, it's important for the Judge to understand what she comes into this relationship with. What does Cynthia bring into this relationship with Senior?

DEBORAH GREY: What you see on Cynthia's side of the family is, again, the sexual abuse, which means no parent/child boundary, but there's also no protection. She is left unprotected while these things are happening to her. Also, there's a lack of good parenting practices in a family where voodoo is being practiced as is sexual molestation. So she comes into the family with little in the way of parenting practices because of what she's been through and what she has been through is a tremendous amount of trauma.

CASEY SECOR: And do we know how it was -- what does your social history say about how she left her home?

DEBORAH GREY: My understanding is that, gradually, she just started staying at the Jones house and -- not the Jones house, at that point. The Thornsberry house at that point and that Roberta called her mother and said, your daughter is over here, do you mind, and the mother said, basically, you can have her. She was 16 years old at that point.

CASEY SECOR: And you've spent time talking to Cynthia where she lives now?

CASEY SECOR: And she's been able to give you some information about that period of her life?

DEBORAH GREY: Very limited.

CASEY SECOR: Very limited. Yes, ma'am.

DEBORAH GREY: Her remote memory. It's very poor.

CASEY SECOR: Yes, ma'am. Now, for purposes of the information that you've told the Judge about today. You, obviously, rely on what people tell you for a social history?

CASEY SECOR: And what do you do with information that you receive just in terms of self-reporting from various people?

DEBORAH GREY: What I do is, partly, contained in these notebooks here (indicating). And then, I look for anything in a record that might substantiate or back up what someone is telling me. For example, there was a story that I heard floating around about Timmy, as a baby, being kidnapped by his mother out of the house window and a police report showed up that described exactly that. There were reports about Roberta trying to shoot at Larry. A police report showed up about that and gave contemporaneous descriptions of what these police officers saw happening in this home. So that's one way that I look. In medical records, also, as well, as legal records, but also, when I'm talking to other individuals, I'm looking for people who will volunteer similar information to what I heard from the other person. So if one person tells me about violence in the house, say, when Timmy was growing up, I'd look to see whether other people tell me similar things. If not the same thing, similar things. And then, I also look for information in future records that may retroactively document something that someone told me about. For example, there's something that Tim told me about from when he was younger and there was reference to it in a counseling record 10 years, 15 years, after the fact. So I look for it in records and other corroborating sources.

CASEY SECOR: Yes, ma'am. And I think you've told me before the concept of the three legged stool.

DEBORAH GREY: Yeah. What I look at is -- in order to have something that's got some stability, you look at what the individual that you're interviewing is telling you. And then, you look at what the other people in the community and their family are telling you. And then, you look at what the records say because the records are usually time specific to whatever certain events may have happened.

CASEY SECOR: And these eight notebooks that we have here are the records that you've -- that you reviewed, although, in the electronic format?

CASEY SECOR: So how old are Senior and Cynthia when they get pregnant with Tim, Jr.?

DEBORAH GREY: They are -- she's 16 and he's 17 when she gets pregnant and if you backdate her pregnancy from when Tim, Jr., was born, she would have gotten pregnant around March of 1981 and they got married in August of 1981.

CASEY SECOR: And how long had they known each other? Do you know?

DEBORAH GREY: I think they had known each other a matter of weeks before she got pregnant.

CASEY SECOR: And do you have any information about her -- and, obviously, you know now about her past up until -- up to that point, which you, obviously, only learned as a process of your social history, but does she -- is she exhibiting the kinds of mental health problems that we learn about at the time that Senior and Cynthia get together? Are there hints of that or does she seem fine at that point?

DEBORAH GREY: She was 16 years old and there were behaviors going on that struck Roberta as odd, but many 16 year olds are odd. So she didn't quite know what to make of it. She gave us an example. Finding her in the closet crying and saying her father was coming to get her, but there was no father in sight. That she had been charged with looking after little Larry, but little Larry was outside with no clothes on and Cynthia was nowhere to be found and the other thing that she did was stand and stare at herself in the mirror for extended periods of time, but none of the bizarre kinds of behaviors towards other people that subsequently came out later.

CASEY SECOR: Before -- I wanted to show the Judge one other sort of demonstrative that you created, but is there anything -- if we just return to the genogram here, at this point, and sort of try to view it through the lens of what was occurring at the time that Senior and Cynthia get pregnant with Tim, Jr. We have, obviously, a significant history of problems on both sides of these families; is that right? Going back --

CASEY SECOR: -- at least, two generations. Is that fair to say?

CASEY SECOR: And so, from the perspective of social work, based on your experience, what is -- what does that mean for the parenting abilities of these two young people?

DEBORAH GREY: These two people came together very young, 16 and 17, bringing this baby into the world and all that they knew were lives of abuse and neglect, abandonment, lack of protection and inappropriate parenting. There was no awareness of appropriate child development. Many of us don't have that at the point that we start having children, but for these folks, it was on the extreme level because every child in their family had been exposed to trauma. Every child had been made a little adult in some ways by being exposed to adult business, adult fights, adult abuse, adult language. So they entered into this parenthood uniquely unprepared and beyond unprepared, they were damaged by what they had been through in life.

CASEY SECOR: And from the perspective of social work, are these the types of life experiences that a person can shake off just of sort of their own free will and decide, well, these things that I've been through, I'm just going to not allow them to affect?

DEBORAH GREY: I think Tim, Jr., tried to do that. I think people do try to do it and at that point, their success will probably be based, in part, on their resilience, which can be something that's internal and temperamental. A sturdiness of spirit and it also probably has to do with someone, other person who comes along and takes an interest in that young person and sort of shepherds them or fosters them along. I think one of the other things that I need to mention about these patterns are the issues around attachment in that Roberta did not feel attached to her mother. She felt abandoned by her. She felt neglected by her. She felt unwanted by her. Tim, Sr., I believe felt attachment towards Roberta. She was a child and incapable of doing certain things for him because she was so young. Cynthia also had issues around not being protected and around attachment. So when it comes to what babies do in a healthy mother/child relationship, there hasn't been much experience with that in this family.

CASEY SECOR: If you are putting together a genogram or if you looked at a genogram like this and you were to sort of just look at, you know, one sort of level at a time and you saw these patterns or these things that existed at the top level, does your experience tell you that you're likely to see those in the next level down?

DEBORAH GREY: Not every child who is abused grows up to be an abuser. There is a higher percentage of kids who've experienced that who end up being abusive or becoming abusive. So you would be aware of that. What I would look at would be sorts of patterns as something that relates to some studies that have been done recently called The Adverse Childhood Experience studies that has categorized adverse childhood experiences into 10 different categories. And the more adverse experiences that you have in each of those categories, the more likely you are in life to experience social and emotional problems, as well, as employment problems, health problems and ultimately, they had to phase out the study on the older people in the study because those with a higher number of adverse experiences were dying so much younger than the people who had fewer adverse experiences. So these people have all had a very, very high number of adverse experiences in their childhoods, which has affected their mental health, it's affected their physical health and whatever genetic pre-dispositions they may have had to mental illness or to addiction, those kinds of adverse experiences will make it more likely that those pre-dispositions will be expressed.

CASEY SECOR: Yes, ma'am. And the adverse childhood experiences, I think -- and correct me if I'm wrong, it's sort of a checklist. Is it 10?

DEBORAH GREY: It's -- there are 10 items. There are a number of questions, but 10 different areas. Yes.

CASEY SECOR: And the higher your number of having experienced an adverse childhood experience, the greater the chances of a negative life outcome for you?

DEBORAH GREY: That's right. They start looking at, you know, the greater possibility of negative outcome over four and these folks would have well up into the seven, eight, nine and 10, I think.

CASEY SECOR: And will you explain to Judge Griffith the juggling analogy for adverse childhood experiences?

DEBORAH GREY: Well, it's like, some people, not me, might be able to juggle two balls. And then, some people might learn -- you throw a third one in and they can still keep it going, but once you thrown the fourth one in or the fifth one in or the sixth one in or the seventh one in, very few people can do that and in the adverse childhood area, very few people can juggle that many adverse experiences without it coming out in some form or fashion as they get older.

CASEY SECOR: I mean, the one thing that's not accurate about the juggling analogy is rather than juggling balls, you're juggling violence in the household or having a parent in prison or being sexually or physically abused?

DEBORAH GREY: Seeing your mother beaten and tortured. Having --

CASEY SECOR: Things that you see in both sides of this family?

THE COURT: Let's take a short break, Mr. Secor.

CASEY SECOR: I'm sorry?

THE COURT: Let's take a short break.

CASEY SECOR: Yes, sir.

(Whereupon, a short break was taken.)

CASEY SECOR: Can Ms. Grey take the stand again, Your Honor?

THE COURT: Yeah. Come on. All right. Mr. Secor, continue on.

CASEY SECOR: Yes, sir. Thank you. I don't have a whole lot more. I just wanted to highlight a couple of more thing, if I may. CONTINUE DIRECT EXAMINATION

By Mr. Secor:

CASEY SECOR: Ms. Grey, I wanted you to -- there's a couple of other things that I think may be in dispute in terms of admissibility that I'd want the Judge to have a chance to think about is -- can you talk to the Judge about -- this is way after Timmy's birth, but can you talk to the Judge about Lydia and Donald who were, as you know, two of Cynthia's other children and I just want you to talk to the Judge about what happened to the two of them and, obviously, the huge disparity in what happened to the two of them. And from the perspective of social work, why it is that you think that those different outcomes occurred.

DEBORAH GREY: Okay. Cynthia went on to have two other children. I think that Donald was born in 1990, if I'm remembering correctly, and Donald was born with Cynthia as the mother and another patient where she was in an out-patient service as the father. The entire time that Cynthia was pregnant, she never acknowledged that she was pregnant. She had the baby and they expressed real concerns about -- she wouldn't make eye contact with the baby, she wouldn't feed it, she wouldn't change its diapers. So the doctor wrote a letter saying he was concerned that, were you to have custody of this baby, it wouldn't be fed, it wouldn't be changed, it wouldn't be cared for. And so, the child went into foster care.

CASEY SECOR: And for just one second that this would be Tim, Jr's., half brother?

DEBORAH GREY: Half brother. Right.

CASEY SECOR: And the records that you reviewed about how Cynthia reacted to Donald when he was born, are they similar to the things that you learned about how she reacted to Timmy when he was born?

DEBORAH GREY: It's farther down the continuum, but, yes. It's very similar.

CASEY SECOR: Things like not acknowledging him and not feeding him?

DEBORAH GREY: No eye contact, a lack of interest, seeming cold, seeming hollow.

CASEY SECOR: Yes, ma'am.

DEBORAH GREY: Seeming curiously detached.

CASEY SECOR: Yes, ma'am.

DEBORAH GREY: Not feeding, not changing and things like that were very similar.

CASEY SECOR: Okay. So tell us what happens to Donald.

DEBORAH GREY: Donald was adopted and I had the opportunity to meet Donald, as well, as to meet his adopted father. Donald is 28, I guess, at this point, and working in a local donut shop on the midnight circuit. He goes in at about 2:00 or 3:00 in the morning and makes donuts and he's been doing that for several years. I have Donald's school records and it was apparent from the school records that he had some school difficulties. They qualified them as learning disabilities at some point, but they were pretty severe. Severe enough that he was in special classes. He's still living at home and the indication that we got from his dad was that Donald probably does not have sufficient independent living skills to be able to survive on his own at this point. Nonetheless, Donald has had no problems with the law and no experience with drugs and alcohol. The family that Donald was adopted into was a couple and the mother's mother was also living with them at the time and all three of these people appeared to have been extremely nurturing, very structured, very consistent people who provided this little baby with a lot of love, but a lot of consistency, a lack of chaos, a lack of abuse, a lack of uproar and good parental boundaries. And so, Donald is having problems living independently, but he is not having problems with the law or with any sort of personal violence or drug abuse that I know of.

CASEY SECOR: And before, you were talking about people who have experienced adverse childhood experiences. One of the things that can potentially prevent them from a negative outcome is resilient factors?

CASEY SECOR: It can be internal, right? But, then, you also talked about --

CASEY SECOR: -- it can be external?

DEBORAH GREY: Well, these parents certainly represented something in the way of resilience and the way that I look at it is, we're all dealt a hand in life and that hand is the genes that we come into the world with and the family that we're born into, who our parents were. It's the family that teaches you how to play that hand, your genetic hand that you were given. You learn that through your family and through your community on your day to day interactions with those people. What happened for Donald, who had just as much, if not worse, genetic loading than Tim Jones does is that he went into a family that could give him a better instruction book for life, if you will. They gave him the opportunities to develop what he did have rather than the stresses that would have -- could have lead those genetic predispositions to addiction and to mental illness. Very strong on both sides of this little boy's family. Those were not expressed.

CASEY SECOR: And he was -- Donald was taken away from Cynthia immediately when he was -- when they went to the --

DEBORAH GREY: A matter of days.

CASEY SECOR: A matter of days.

DEBORAH GREY: I think he was always -- if I remember right, they kept him in the hospital so that he wouldn't be going home with her and in the process of that, someone in the hospital wrote a letter to child protective services and said, something needs to be done here, this woman can't care for this child.

CASEY SECOR: And wasn't there a reference in the records that the doctor was not only concerned about Cynthia's inability to take care of Donald, but actually, to even take care of herself?

DEBORAH GREY: Correct. Yeah. The letter, I believe, said, she can't even take care of herself. Much less, take care of an infant.

CASEY SECOR: So then, contrast Donald, who's taken from Cynthia almost immediately upon his birth, with Lydia, another child of Cynthia's who would be the half sister of Tim, Jr.

DEBORAH GREY: Lydia was born sometime around the same time as Elias. Around 2007 and -- excuse me. Cynthia never knew that she was pregnant with Lydia, if I remember correctly, and I believe she was taking anti-psychotics at the time and she didn't receive any sort of prenatal care. She gave birth to both of these children at home on the toilet. With Lydia, she was, I believe, taken immediately and she was placed, I believe, with the father's sister as a foster parent because it was acknowledged that Cynthia couldn't take care of her, but Lydia died within a matter of two or three weeks, I think, for undetermined reasons.

CASEY SECOR: And based on your conversations with Cynthia, what does Cynthia think might have contributed to Lydia's death? Do you remember?

DEBORAH GREY: I don't remember that.

CASEY SECOR: And that would have been, I think -- and correct me if I'm wrong, but Lydia's birth and death, which, as you said, was a matter of weeks apart, coincided with the time that Tim was very briefly reunited with Cynthia; is that correct?

DEBORAH GREY: Actually, Cynthia came down to Mississippi while her daughter was in physical distress, having problems as an infant, up in Syracuse and it was shortly after Cynthia returned to Syracuse that her baby died.

CASEY SECOR: So Cynthia left -- when the child was in distress and in trouble, Cynthia left the child?

DEBORAH GREY: The baby had already been placed elsewhere --

CASEY SECOR: Yes, ma'am.

DEBORAH GREY: -- but she did. Yes.

CASEY SECOR: The other person I wanted you to tell Judge briefly about because I think this is potentially an issue, the admissibility of which is in dispute, is William and just how that fits into the social history.

DEBORAH GREY: William was Cynthia's second pregnancy while -- after Tim, Jr., was born and she and Tim, Sr., and little Tim went back to stay with Roberta while she was pregnant. What Roberta describes is, Cynthia called her into the bathroom where Cynthia was in the tub and she was laughing hysterically and the room was covered with blood. Blood everywhere. Cynthia went to the hospital and, I believe, delivered a child or a dead child and I'm not sure how many months old that child was because we weren't able to find any records on that, but we've heard it described from both Tim, Sr., and from Roberta that that happened and both of them believed that Cynthia actually murdered this child. The significance, in part, is that this is part of family lore and it's part of what you hear about when you talk about Cynthia and her bizarre behaviors. This is one more of those bizarre behaviors.

CASEY SECOR: And that -- Tim, Jr., would have been in the home when that happened?

DEBORAH GREY: He would have.

CASEY SECOR: Under the age of two, maybe?

DEBORAH GREY: Under the age of three.

CASEY SECOR: Under the age of three. Just -- I guess, the other thing that I wanted to show the Court, if I may, Your Honor.

CASEY SECOR: Ms. Grey explain to us what this (indicating) demonstrates. This is just -- what this shows us. Can you see it from there?

DEBORAH GREY: Uh-huh, (affirmative response). This was something that I put together, in part, because the genogram is so confusing and it just simplifies it down to Tim Jones' parents and I put his grandmother in there because she was the defacto mother up until the time that Tim Jones, Sr., married Carolyn. So with the grandmother, you have a woman who was abandoned as a child, raped as a child, helpless and unprotected, pregnant by 11, kidnapped, tortured, trafficked with a family history of mental illness and the star by that is because anything that is heritable, which can be a predisposition, can be inherited. It has a star by it. And in adulthood, that lead to substance abuse, verbal abuse, violence, threats, obscenities and mental illness. For the father, he was the child for a mother -- his -- he was witness to father and grandfather's torture and I say father and grandfather because he was both. Ted Montane. He was helpless and unprotected. Exposed to mother's violence after she left Ted Montane. Family history of substance abuse, family history of mental illness and as an adult, he's had problems with substance abuse, verbal abuse, violence, threats and obscenities in the household. The mother Cynthia, repeatedly raped as a child, helpless and unprotected, a witness to domestic violence, a family history of substance abuse and mental illness and as an adult, had substance abuse and schizophrenia and these are the people who were charged with taking care of Tim Jones, Jr.

CASEY SECOR: So this is just sort of a shorthand version of -- a very, very shorthand version of what this family is -- what exists in this family at the time that Tim is born?

DEBORAH GREY: Correct. It's a distillation of that great, big genogram that we were looking at.

CASEY SECOR: Yes, ma'am. Your Honor, the copy of the genogram that you have, may I make it a Court's Exhibit? Thank you, sir. (Whereupon, Court's Exhibit number 121 was marked for identification purposes).

CASEY SECOR: And, Your Honor, that would be Court's 121. And I would like, just for the record, to incorporate Ms. Grey's record notebooks, Defendant's Exhibits for ID 353 through 360 for purposes of the proffer. I don't know what -- I guess, Ms. Joy can tell me what the best way to do that is. Should we make them Court's Exhibits, as well?

COURT REPORTER: What are you wanting to do, now? I've got them as ID for Defendant's.

CASEY SECOR: Yes, ma'am.

COURT REPORTER: 353 through 360. Yeah.

CASEY SECOR: Through 360.

COURT REPORTER: And you want --

CASEY SECOR: I mean, I don't know whether they need to be Court's Exhibits too?

THE COURT: Stay Defendant's Exhibits.

THE COURT: Not introduced.

CASEY SECOR: Yes, sir. (Whereupon, Defendant's Exhibit 353 and 360 were marked for identification only.)

CASEY SECOR: Last couple of things, Ms. Grey. The social history and genogram that you created on this family, you've -- is this standard practice in your field to create these documents and create the social history based on the records that you reviewed and the interviews that you conducted?

DEBORAH GREY: Yes. As a part of being a social history, I include a genogram and I also try to think of diagrams that would show family relationships over time.

CASEY SECOR: Yes, ma'am. And you've done this for Capital cases in South Carolina in the past, right?

CASEY SECOR: And are these, one was heard in Richland County by Judge G. Thomas Cooper; is that right?

DEBORAH GREY: That's right.

CASEY SECOR: Your Honor, may I have just a moment? Thank you, Ms. Grey. I appreciate you coming.

RICK HUBBARD: I have no questions at this time, Your Honor. Your Honor, I have been meeting with our group. If there is anything out of here that we can agree on, I'd be happy to do that.

THE COURT: All right. Well, I want to think of a way and I suggest you all come up with a way for this lady to say, this lady's summary of Ms. Thornsberry's mental history, Ms. Jones -- Cynthia Jones' history, there's a lot of information in there -- without going through every single minute detail. But this has a lot of facts in it. All of the social psychologists and psychiatrists said the Jones family -- Tim Jones' came from a family, had a huge bunch of illnesses, medical, suicides, physical abuse, sexual abuse. I think she can say things like that without saying the grandma was sexually abused 18 times by the time she was six and how do you know that. Well, she told me. You know, that's what I'm concerned about is the details.

RICK HUBBARD: Your Honor, for me, that's also been the big thing. I've wanted to talk with our group because it is one thing if it is, here is what I got, as opposed to hearsay -- what I would call just typical hearsay. So and so tells me this. Here's what I was told. Here's what they said. I think you can get the substance in, show the patterns that have been discussed. Patterns of abuse, whether it's sexual, alcohol, psychological or whatever. I'm thinking I'm fine with that. It's just the way it's couched with the long dialogue of so and so said, so and so said and all the minute details.

THE COURT: Anyway, I think they should be allowed some latitude presenting some of the family history with all of the minutia, the specific things, with Tim, Jr., certainly, and most of the stuff with Ms. Thornsberry's medical history has been post-birth. So I think that's pretty well free game. I don't know if you want to give all of that to the jury, but maybe you do. There's some danger in it.

CASEY SECOR: Yes, sir.

THE COURT: They're more prone to, you know, tune you out. But, I mean, that's probably your biggest challenge and it's just -- it's important to have heard everything.

CASEY SECOR: And I understand --

THE COURT: I want to figure a way to allow you to have some latitude of saying the Jones family -- Ms. Roberta Jones, her family includes three cases of suicide, several broken marriages. I don't know exactly how to tell you to ask that. But all -- everybody who's testified for both sides, I don't want to say they knew all of this.

CASEY SECOR: Yes, sir.

THE COURT: -- but they were allowed to interview and ask for this family history.

CASEY SECOR: Yes, sir.

THE COURT: They can get it if they wanted it. Whether it was the first psychiatrist who testified earlier or Dr. Maddox. Anybody in between could have had all of this and they utilize that.

CASEY SECOR: Yes, sir.

THE COURT: At least, I presume. I'm kind of inclined to let you tell that Ms. Thornsberry had Tim, Sr., at age 12. I'm kind of inclined to let you have that. I'm not sure about how I like the word, tortured, that certain verb.

CASEY SECOR: Yes, sir.

THE COURT: I'm going to let you have some of that, but I don't want -- too much is too much. I'm not sure exactly how to tell you to try to pare it down.

THE COURT: This is a lot.

THE COURT: It's hugely -- almost, unbelievable.

CASEY SECOR: And we've spent a tremendous amount of time trying to make it as brief as possible without losing sort of the compelling nature of the narrative because I think Your Honor would agree that you could say that a person has these diagnoses. But then, you say, and maybe, the reason that she's been diagnosed with these things later in life is because of these horrific events earlier in her life. And then, it makes a lot more sense. You know, I feel like the difference between somebody, you know, describing the old man in the sea, saying an old man went fishing, caught a marlin, and then things kind of went badly or you can read the story and it's a lot more compelling with the sharks attacking the marlin and the old man beating the sharks with the oar from his boat and, you know --

THE COURT: I'm going to hand that back to Joy. Certain -- yeah. Right there. Certain aspects of it is that Tim, Jr., -- if you go back to Roberta, there's numerous suicides, substance abuse, mental health. Count them out. There's five people within one generation. I think that's fair but I think Ms. Thornsberry having Tim, Sr., at age 12 and a half or whatever it was and she's not a good mother for him because she hadn't been taught how to be a mother yet. She wasn't grown yet herself.

CASEY SECOR: Yes, sir.

THE COURT: It's interesting that her mother was older than Montane by eight years.

CASEY SECOR: Yes, sir.

THE COURT: So anyway, you all study that tonight and we'll talk about it again in the morning.

CASEY SECOR: Yes, sir. Thank you.

THE COURT: Just so we can talk about this in the morning before the lady, Ms. Flores, comes, can we meet, maybe -- I don't know. 8:30, 8:40, somewhere along in there, to talk about kind of the gist of where we're going to go on this?

CASEY SECOR: Yes, sir.

THE COURT: Does that suit you, Mr. Hubbard?

THE COURT: Okay. I'll be here at 8:30 and we'll try to get together at 8:40ish.

RICK HUBBARD: Yes, sir. (Whereupon, the trial will resume the next morning at approximately 8:40 a.m.)

Continue to Day 301.Adriana Flores Proffer and Sealing Rulings