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2019 Murder TrialtranscripttranscriptDeborah Grey — Direct (Part 1) - Day 30 - 2019 Murder TrialDeborah Grey continued her expert social-history testimony, while the court addressed hearsay objections, admitted Defendant's Exhibit 363, and limited further genogram testimony.
Rick HubbardCasey SecorEugene C. Griffith, Jr.Deborah GreyCasey SecorDeborah GreyRick HubbardTHE COURTdirect
9 pages·3 witnesses·1,147 lines
The court denied a new-trial motion and received Adriana Flores's testimony by sealed proffer. Deborah Grey continued social-history testimony, and Amber Kyzer said she hoped for mercy while deferring to the jury's decision.
Deborah Grey — Direct (Continued)
DirectDirectDeborah Grey — Direct (Continued) Deborah Grey Casey Secor

CASEY SECOR: Thank you, sir. CONTINUED DIRECT EXAMINATION

BY MR. SECOR:

CASEY SECOR: Ms. Grey, just to make sure we're on the same page in terms of timeframe. You talked about the death of Tim's Aunt Elaine and the effect that had on the family. And then you discussed the car accidents that Tim was in, right?

CASEY SECOR: And the thing I'd like to get you to address now is that one of the things that starts in Tim's life at that point is substance abuse?

CASEY SECOR: And if you can just discuss with the jury how that comes about or how that starts.

DEBORAH GREY: Tim had experimented before he got involved with the church with marijuana and with alcohol. The alcohol, he tried at a family party. The marijuana, I believe that he got from his dad's stash without his dad knowing it. What he found with both of those was that almost immediately he felt a decrease in the anxiety and agitation that was pretty normal for him. He got involved with church and that went by the wayside. But after he left the church, he got involved with substances again, primarily, with alcohol and with marijuana. And what he found was that it came with a peer group, which was something that was kind of a first for him. If he was around other kids that were smoking or who were drinking, they didn't seem to notice or care that he was different, that he didn't have a mother or that he was socially quite awkward. It gave him a built-in group of friends, something that he hadn't had before. So he got involved drinking fairly heavily, smoking a fair amount of marijuana. It did not affect his grades until the point where one day he was at school and he was a junior and he had some marijuana in a cigarette case. The cigarette case fell by the wayside. It was found, it had marijuana in it. It had marijuana that he had taken from his father in it, unbeknownst to his father, and he was arrested there at school and walked out in handcuffs.

96:38:55

CASEY SECOR: And is there -- at that point in his school career, for the first time, I think, he starts to not do as well, is that right?

106:39:04

DEBORAH GREY: It was after that by a bit. This was the -- this was the end of his junior year. And he was fined and sent to treatment, which he completed, four or five months. And then over the course of the next year, for the first time, really, in his life, he failed a class and he got two or three D's, which had never happened before and it's never happened since.

116:39:30

CASEY SECOR: During that time, did he also apply or begin the enlistment process?

126:39:36

DEBORAH GREY: He did. He enlisted in the Navy in the middle of his senior year.

136:39:41

CASEY SECOR: And does your social history indicate whether or not he disclosed his drug use when he enlisted?

146:39:47

DEBORAH GREY: Yes. He had a discussion with the recruitment people that he had a conviction for marijuana. And there's evidence in the record that they had a conference on that and they decided to give him a waiver because at that point, he had completed treatment and he was no longer using substances.

156:40:06

CASEY SECOR: And the jurors heard about him going into the Navy and the reasons for coming out. Just briefly, anything that you found particularly relevant about that for purposes of his social history?

166:40:21

DEBORAH GREY: A couple of things. One was that this also corresponded with the end of a relationship that he had in high school. And when that relationship was ended by the female, he experienced that as a real loss. Also, he had a dream of being a Navy Seal and that was going to be a source of positive identity for him. So when he lost that, that was another loss. And the doctors there who diagnosed him with depressive disorder NOS, not otherwise specified, and alcohol and marijuana dependence also said that he had started off and on since 14 feeling depressed. At least, half of the time over the past four years, it had been greater and he felt like he didn't belong with others. All of which relates to what I talked about earlier in terms of looking for records that sort of back up what people tell me. Tim had told me that he first started having problems when he was a young adolescent with his thinking and with feelings of depression and here's a record that documents him telling someone that when he was 18 years old.

176:41:32

CASEY SECOR: Now, after he washes out of the Navy, the home that he comes back to is the one that -- we've already had this up here, but this is the home of Tim, Sr. and Carolyn and the issues that existed in that home. And is this the home that he comes to after his --

186:41:54

DEBORAH GREY: Yes, it was.

196:41:57

CASEY SECOR: And that is in, I believe, 2001, is that correct?

206:42:02

DEBORAH GREY: I think it was in the summer of 2000 that he came out of the Navy.

216:42:08

CASEY SECOR: Okay. What's his life like after the failure of -- his failure of trying to get into the Navy?

226:42:15

DEBORAH GREY: He came home to live with his dad and Carolyn, who were having a tough time at that point. Tim, Sr. was still drinking a fair amount. And what Tim, Sr. said was that Tim didn't seem like himself. He was, you know, talking out of his head. And he had begun to use drugs and alcohol again. He was smoking marijuana. He tried a variety of drugs, including heroin and cocaine. He started not getting along with his family, so he would sleep sometimes out in the woods and come into the house at night to get food. And then he started having problems with getting arrested.

236:42:53

CASEY SECOR: And did his interactions with Tim, Sr. change in terms of how he approached that relationship?

246:42:59

DEBORAH GREY: His interactions with Tim, Sr. had changed back in high school, sometime maybe around his junior year. Instead of being on the flight side of fight or flight, he became more confrontative with his dad. He became more unpleasant with his dad. He would say things to his dad, like, go ahead, dad, why don't you just have another drink. Instead of trying to be consolatory and trying to get himself out of the room, he became more confrontative, which did not make things any better.

256:43:34

CASEY SECOR: Yes, ma'am. The family then suffers another significant loss. Tell us about that.

266:43:43

DEBORAH GREY: They did. Tim had come out of the Navy, was living off and on at home, had been arrested for driving above the speed limit on a couple of occasions and had been arrested for possession of a controlled substance. And it was after that arrest, a couple of months after that arrest that his Uncle Larry died. Larry is four years older than Tim was. Died in a motorcycle accident. It was very sudden, very unexpected and absolutely devastated this family.

276:44:14

CASEY SECOR: The jury's heard about the sort of lead up at that point to the things that he was arrested for and convicted of and sentenced to a prison term in Illinois, so -- I don't want to skip that period of time, but because the jury's heard about that, can you just tell us anything about that period of time that is particularly relevant for you to point out for purposes of the social history?

286:44:37

DEBORAH GREY: Tim ended up being incarcerated for about a 16-month period. First, he was in the county jail and then he went to a boot camp. And it was in the boot camp that he got involved with a pastor there and religious movement and he made a commitment to turn his life around. So boot camp for him was a place where he saw the need to make some serious changes in his life.

296:45:04

CASEY SECOR: And is that commitment that he seems to have made in prison, does that seem to be how he lives his life when he first gets out?

306:45:19

DEBORAH GREY: Yes, it did. I should also mention while he was in prison that he was seen by mental health there and diagnosed with poly-substance abuse, rule out personality disorder with narcissistic traits, so one more diagnosis for him. He came out of prison and one of the first things that he did was to try to find a church that went along with the beliefs and values of the church that he experienced while he was in prison.

316:45:45

CASEY SECOR: And that church that he first found was the church with Pastor Sutton, who the jury heard from?

326:45:54

DEBORAH GREY: That's correct, Center Point Apostolic Pentecostal Church.

336:46:00

CASEY SECOR: And he's -- I just want to make sure my dates are right. It's about 2003 when he gets out of prison, is that right?

346:46:06

DEBORAH GREY: He was about 21 years old when that happened. He came out and was completing another substance abuse program as a part of parole, which he completed. And by the end of it, about a year after he had come out, his substance abuse counselor gave him an excellent prognosis. He was attending church and by then, he was married.

356:46:26

CASEY SECOR: And so it was at that church or during that period of time when he meets Amber, right?

366:46:26

DEBORAH GREY: It was. And I should mention about the church there. There were -- I talked to Pastor Sutton in his home several months ago and there were three things that he said that I thought were significant for the social history. One was that Tim's passion and his faith were real and that his desire to live his life by the scripture was real in his opinion --

376:46:57

RICK HUBBARD: I object. He's already testified to all this. And it's hearsay.

386:47:01

THE COURT: It is hearsay and the fact that he testified. So rephrase your question so we can continue on.

396:47:07
406:47:07

THE COURT: Rephrase your question, how about that?

416:47:09

CASEY SECOR: Yes, sir.

426:47:10

THE COURT: She can get to the point what she thinks is special about something. How about rephrase it.

436:47:15

CASEY SECOR: Yes, sir.

446:47:16

CASEY SECOR: You talked to Pastor Sutton and you talked to other people about that period of time in Tim's life?

456:47:22
466:47:34

CASEY SECOR: And I think that you had gotten consistent information from people, but despite his devotions and attempts at being a good Christian at this point in his life, does his social history show that he's struggling with it at this point in some ways as well?

476:47:56

DEBORAH GREY: Yes, it does. And there are a couple of areas where that's the case. One is that people observed, including Pastor Sutton, that Tim took the Bible absolutely literally and he took it as a guidebook for how he should be living his life. His grandmother said to him at some point, Son, this is just a guideline for you. And he said, no, it's the literal truth. It's what I need to be doing. And then he started telling other people in the family what they needed to be doing according to his beliefs. And told his grandmother that his little niece, who was three years old, had been demon possessed. He could see it in her eyes and his grandmother needed to get her out of there or out of his presence. He told another family member, more than one family member that if they didn't go to a church like his and speak in tongues that they would go to hell. His beliefs were very strong and sometimes, he would jump up and, according to various family members, start speaking in tongues in the living room, which they all thought was very strange. He took one of his brothers to him to his church at some point and the brother said that Tim jumped up and was running around the church speaking in tongues. And he didn't understand that and it was kind of embarrassing to him. So his beliefs were outside of what his family was familiar with and it also seemed to be something that they saw him as heavily invested in and imposing on them at times.

486:49:35

CASEY SECOR: At this point, Tim is -- at this point in the social history, Tim is sort of on the cusp of beginning his own family. He has met and married Amber. And if we look back at this point in terms of who Tim is and what is Tim bringing into a marriage and what is Tim bringing into his soon-to-be fatherhood based on your social history?

496:50:14

DEBORAH GREY: There are a number of things that happen to individuals that are raised with a lot of chaos, with a lot of substance abuse, with a lot of trauma. And in the individuals that I used to treat, these are the things that I would commonly see. They had problems with attachment, problems with relationships and boundaries, difficulty with lack of trust, with socialization, not being able to make good friends, perceiving and having -- having difficulty understanding and perceiving other people's emotional states, empathy, difficulty identifying and expressing emotions of their own, problems with low self-esteem and shame and feelings of not belonging. So given what he had been through, that was part of the baggage that Tim would bring into any relationship. But that's also compounded by -- if you think about what we talked about earlier, there was a total lack of role models there for a healthy relationship. There was a total lack of role models there for healthy parenting or for protecting children. He took what he now had in the Bible and he used that to tell him how to parent and used that to tell him how to have a relationship.

506:51:41

CASEY SECOR: And shortly after the marriage of Tim and Amber, Merah is born in Pennsylvania, is that right?

516:51:53

DEBORAH GREY: Couple of years later, yes.

526:51:59

CASEY SECOR: Couple of years later. And then they move from Pennsylvania to where?

536:52:06

DEBORAH GREY: By this time, I believe that Tim's grandmother and father and soon-to-be new stepmother had moved to Mississippi. And so when he and Amber left Pennsylvania with Merah, they moved to Mississippi to be near his family.

546:52:24

CASEY SECOR: And Tim is continuing his education at that point, right?

556:52:28

DEBORAH GREY: He had. He had started with a community college where he took a total of about 80 hours and got a 4.0 in all of his hours and he was working towards being able to get himself into Mississippi State.

566:52:44

CASEY SECOR: And what -- he eventually succeeds in doing that. What --

576:52:50
586:52:51

CASEY SECOR: What year was that approximately?

596:52:57

DEBORAH GREY: By 2008, he was at Mississippi State. He was 26 years old at that point.

606:53:02

CASEY SECOR: And I jumped ahead a little bit, but Merah and Eli are born. Eli is born in Mississippi, is that correct?

616:53:09

DEBORAH GREY: Eli was born 11 months after Merah in 2007.

626:53:16

CASEY SECOR: Okay. And I want to talk about the -- Cynthia reemerges very briefly. If you could just tell the jury about how that -- how she comes back momentarily. And then after that, we want to find out what you found out about where she has been since Tim was three. Is that okay?

636:53:42

DEBORAH GREY: Tim had continued to think about, worry about his mother, not having a mother. It was a topic of conversation in his family on many occasions. Where is she? Why don't I know how she's doing? I think it was Roberta who took it on herself to find Cynthia and she arranged for Cynthia to come to Mississippi and to visit. And so, for the first time at about age 25, Tim met his mother.

646:54:12

CASEY SECOR: And this is in Mississippi?

DEBORAH GREY: It was in Mississippi. And all of his family that was present at the time met his mother. I thought his brother, Tyler, had -- his reaction to that, which was that Cynthia was crazy as a ball bat. She was talking to herself. No soul, just blank eyes. That it was like hugging a ghost when he went around her. Tim saw his mother and others did, too, fighting with her dead mother in the back yard. It was not a positive experience for him. I think it scared him. He looked at that and thought is this my future.

CASEY SECOR: Now, what -- based on the social history and your investigation, what can we tell the jury that is most important from your perspective regarding where Cynthia has been and what has happened to her since, I guess, what is it, 1984 is when she disappeared?

676:55:16

DEBORAH GREY: She left the family in 1984.

686:55:18
696:55:18

DEBORAH GREY: And we don't have any records to indicate really where she was from 1984 until she resurfaced in --

706:55:27

CASEY SECOR: Which was in 2008 --

716:55:27

DEBORAH GREY: -- Syracuse, New York in 2008 -- excuse me, in 1988, after she disappeared.

726:55:35

CASEY SECOR: Okay. I meant 2008 meaning when she comes to Mississippi, right?

736:55:40

DEBORAH GREY: Yes, that was 2007.

746:55:42

CASEY SECOR: 2007, I'm sorry. So when she arrives in Syracuse, what do people know about her and the people that she interacts with when she arrives there?

756:55:53

DEBORAH GREY: She arrived in Syracuse and she couldn't tell people who she was, where she had come from. She said that her name was Eve Jones, not Cynthia Jones. Was very confused, appeared to have amnesia and what they later described as a fugue state, which is a kind of amnesia state that someone goes into, oftentimes, when they have dissociative personality, which is one of the things she was subsequently diagnosed with. That began in 1988, a psychiatric history that has continued to this day that's encompassed many, many hospitalizations and an inability to ever live independently for any sustained period of time.

766:56:44

CASEY SECOR: There's one record in particular from a place that she was treated in New York that I think -- well, I know that you included in your social history. And I think it's something that you wanted to show the jury specifically. And it's part of the records.

CASEY SECOR: And I would just ask permission to publish it, if I may, on the overhead.

THE COURT: Let's take a break.

CASEY SECOR: Oh, I'm sorry.

THE COURT: That's okay. Step back. We'll have you back here shortly. (WHEREUPON, the jury was excused from open court for a break.)

THE COURT: We'll stand down for a few minutes.

CASEY SECOR: Yes, sir.

(WHEREUPON, a short break was taken.)

THE COURT: Y'all ready to get the jury?

CASEY SECOR: Yes, sir.

THE COURT: Bring them back. (Whereupon, the jury came into open court at approximately 3:50 p.m.)

THE COURT: Continue on, Mr. Secor.

CASEY SECOR: Yes, sir. Thank you. Your Honor, with the Court's permission, I wanted Ms. Grey to be able to refer and quote an updated evaluation by a doctor that was treating Ms. Granado in New York. And the reason I ask that she be able to quote some of it is it really encapsulates the condition Cynthia was sort of found in when she arrived in Syracuse. I know the State objects to Ms. Grey actually reading somebody else's report, but I would ask in this instance to try to shorten it that this is the quickest way to do it.

THE COURT: I'll allow it. That will be fine.

CASEY SECOR: Thank you.

917:13:39

CASEY SECOR: So Ms. Grey, this is -- the letter you referred to is about 1990, is that right?

927:13:45

DEBORAH GREY: Correct.

937:13:45

CASEY SECOR: And that's around the time -- she had been in New York for a little while at that point?

947:13:49

DEBORAH GREY: She had been in New York since 1988. And in 1990, she gave birth to a son named Donald. The hospital records note that throughout the entire pregnancy, she never acknowledged that she was pregnant. And after she gave birth to the baby, she never acknowledged that she had a baby. And so what Mr. Secor is talking about is a section of a letter from an evaluation that was done, a mental letter that was written to child protective services following that. The letter says -- the evaluation says: What follows is the meager results of a 90-minute attempt to interview this lady. She is a 26-year-old fairly well-groomed, gravelly-voiced lady who lives in a Kafkaesque world in which both events and people are meaningless and exist in a timeless void. She was, at times, cooperative as she could possibly be, but exhibited throughout an air of pained puzzlement that only changed in degree. This accords with her thought content, which she relates, but does not understand.

She doesn't understand her role in these events. Skipping forward, she had a son, whom she had left with his father, apparently, without a qualm or regret. I can only speculate about what happened in this family in which an overworked, harassed mother had eight children, a drunken husband, who was in and out of the hospital, going to Texas and staying home only long enough to get her pregnant again. She is not aware of the time, numbers of pregnancies, where her children or if they are and could not maintain eye contact with the baby. By history, she is not aware of having this child. I fear she will not feed the child, buy food for the child, clean the child or hear the baby cry. She has had no visible interaction with the child during the stay as noted by myself or staff and I have concerns about the patient caring for herself, much less the child."

957:15:47

THE COURT: Are you going to repeat the whole letter? A That's it.

967:15:51

CASEY SECOR: That is it, sir.

977:15:52
987:15:52

CASEY SECOR: Thank you.

997:15:52

CASEY SECOR: And then there are diagnostic impressions by that doctor on that letter, is that right?

1007:15:57

DEBORAH GREY: I believe that it was paranoid schizophrenia.

1017:16:03

CASEY SECOR: Yes, ma'am. Now, does that information line up with your investigation in terms of Cynthia's response to when Tim was born in some ways?

1027:16:14

DEBORAH GREY: If you think about what we were talking about when Tim was a baby is here on the spectrum and Cynthia just kept moving in this direction in terms of disengagement from her infant. Now, she's at the point where she's not even acknowledging that she had an infant, where she acknowledged she had had Tim. She was verbal about choosing not to feed him, choosing not to change him, choosing not to attend to him. Now, she doesn't even seem to notice. So she's just kept going in that direction.

1037:16:48

CASEY SECOR: Does this description of Cynthia in 1990, does it sort of line up with your interactions with Cynthia that you'd had in the last three years?

1047:17:00

DEBORAH GREY: Yes. I've met with her only once in the past three years. And what I found was she was in better condition than this letter describes her being in. She has certainly had her ups and downs from reviewing her medical records. At this point, she is not drinking or doing any kind of drugs as a requisite of the partial -- the assisted living facility that she's in. So she's sober and she's supervised in taking her medication. She's very flat in her affect and has difficulty giving information. Oftentimes, says I don't remember.

1057:17:47

CASEY SECOR: If you would now talk to the jury about Donald and Lydia. You've mentioned Donald already, who was the child that Cynthia had in -- I guess, it was in 1990, right?

1067:17:56

DEBORAH GREY: Correct.

1077:17:56

CASEY SECOR: Okay. Just talk to them about what happened to Donald and Lydia and the circumstances of those two lives.

1087:18:07

DEBORAH GREY: First to talk about Donald, the baby that I was just discussing, was placed in foster care very shortly after he was born and, ultimately, he was adopted. And I had the opportunity to meet Donald and to meet his adoptive dad up in -- outside of Syracuse. Donald is like 27 or 28 years old now. He's still living at home. He makes doughnuts on the midnight shift at the local grocery store. He had a series of difficulties in school coming along, but he's never had any drug involvement, he's never had any legal involvement. And the significance for that, if you think about it, we talked about risk factors earlier. Here's a kid that he's got -- his mom is paranoid schizophrenic, fully diagnosed at this point. His father is -- her boyfriend, diagnosis unknown. And he is adopted into this family. It's a two-parent family that also has a grandmother living in the home that assisted in providing care for him, so he had a lot of structure. He had a lot of support. There was no substance abuse in the home. It was not a family that ended up divorcing. There is no evidence of domestic violence. He had some problems, but the protective family -- protective elements in this family were really significant compared to what Tim Jones had.

1097:19:33

CASEY SECOR: So Donald would be Tim's half brother on the Granado side?

1107:19:39

DEBORAH GREY: That's right.

1117:19:40

CASEY SECOR: And then if you would, contrast Donald's life outcome thus far with Lydia's life.

1127:19:49

DEBORAH GREY: Lydia was born in 2007. In fact, she was born shortly before Cynthia came to visit. So Lydia was the product of a -- not a full pregnancy. Cynthia did not know she was pregnant. She was still drinking while she was pregnant. She was taking monthly psychiatric injections while she was pregnant. And she gave birth at home on the toilet, which is how she gave birth to Donald as well. Both children were born at home. She didn't recognize she was going into labor. Lydia was born four pounds and 13 ounces with microcephaly, which means her head was too small. She had problems from the very start and was pretty immediately placed with Ms. Granado's new husband's sister, so the child's maternal aunt. That's where she went as a baby. Cynthia came down to Mississippi to meet Tim, went back home. And what the records show is that the aunt dropped Lydia off at Cynthia's house and went to work. Couple of hours later, Cynthia called her and told her that Lydia wasn't breathing. Lydia went to the hospital and two days later, she died. The cause of death was listed as cardiopulmonary arrest with a possibility of sudden infant death syndrome.

1137:21:26

CASEY SECOR: We will talk about the numerous diagnoses of people in this family, but is there anything else about -- before we return to sort of where Tim is at this point, is there anything else about Cynthia and records that you reviewed about her from being treated in New York that you feel we need to know about right now?

1147:21:48

DEBORAH GREY: A couple of things. One is what we talked about just a minute ago in terms of the progression of going from being abusive and neglective to being totally oblivious and unaware of a child's needs. That would be one. The other is what the records tend to show is that at times when she was abusing substances, alcohol or drugs, her psychiatric condition became much, much worse and she became physically violent. When they would get her back into the hospital away from substances, over a period of time, she tended to clear and with medication, she could settle down somewhat. But this woman has had a very, very rough life.

1157:22:39

CASEY SECOR: We'll return to Tim and Amber's life now. I guess we're at 2007 approximately, which is the year before Nahtahn is born. And before we get to -- I guess he's at Mississippi State now. So tell us about -- tell us about their lives in -- I guess they're in Starkville now.

1167:23:09

DEBORAH GREY: They were living in Starkville and they had regular contact with the Jones family on the weekends. Tim was a full-time student. He was also working to bring income in. He also had student loans. Amber stayed home and took care of the children. During the summer, Tim's sister, stepsister, Jackie, would come and visit for a couple of weeks at a time to help take care of the children, saw how they were living. Described how they were living in a very Christian household, that Tim would come home and the children would crawl all over him and then they would sit and have prayer time. And then they would have dinner and then they would have some more prayer time and some Bible instruction. And then the children would go to bed and Tim would leave to go do more studying. So he was there. She said he barely missed a meal in the time that she was there and very involved and engaged with the children, as was Amber.

1177:24:07

CASEY SECOR: And Tim, Sr. is married to who at this point?

1187:24:10

DEBORAH GREY: Tim, Sr. had married Julie by this time. And Julie came with three children of her own.

1197:24:17

CASEY SECOR: And based on your investigation, is that marriage of Tim, Sr. and Julie something that Tim, Jr. was happy about?

1207:24:30
1217:24:33

CASEY SECOR: Do you know that Tim introduced them, Tim, Jr. introduced them?

1227:24:38

DEBORAH GREY: I think I remember hearing a story about some online dating encouragement there that maybe that was how he ended up getting them together in some form or fashion. He and Julie and his dad have had a good and close relationship.

1237:24:55

CASEY SECOR: And as you said, that was a significant -- or they played a significant role in Tim and Amber's life while they were in Mississippi?

1247:25:03

DEBORAH GREY: Very much.

1257:25:09

CASEY SECOR: Tim's -- his work at Mississippi State, he did well there, right?

1267:25:15

DEBORAH GREY: He did extremely well. He was always on the Dean's List or a Presidential Scholar. He graduated Summa Cum Laude, that's how it's pronounced, with a 3.81 average. His professors subsequently wrote letters of recommendation for him that talked about he was a student -- good student, good person to have in class. What Jackie reported was that she never saw any friends. She never saw him have friends over to the house or Amber, for that matter, and she never knew of him to go out with friends. So he was still on the socially isolated side. Family would be the main people who would know what was going on in that family.

1277:25:56

CASEY SECOR: And this -- his graduation from Mississippi State, particularly with how well he did, this is a first for his family, is that right?

1287:26:07
1297:26:08

CASEY SECOR: And that would be as far as you know a first for both sides of the family?

1307:26:11

DEBORAH GREY: I think so, yes.

1317:26:15

CASEY SECOR: And then as the jury knows, his time at Mississippi State leads into his applying for Intel, right?

1327:26:23

DEBORAH GREY: Correct.

1337:26:26

CASEY SECOR: And unless you feel like there's something else that we need to say, I was going to put up the demonstrative that you created about Tim and Amber's house that they move into -- or that they have when they first move to South Carolina. Is that --

1347:26:46
1357:26:47

CASEY SECOR: Is that good?

1367:26:51

DEBORAH GREY: That's fine.

1377:26:58

CASEY SECOR: And if you could just walk us through what your investigation tells you about their arrival there and sort of the issues that arise as a consequence of what Tim has experienced in life thus far?

1387:27:12

DEBORAH GREY: The home is still structured around a strict and literal interpretation of the Bible. Tim found this 20-year-old mobile home and he saw it as a fixer-upper. This was how it looked several months after they had moved in still. His intention was to renovate it, but very shortly after they got there, he went to work at Intel. His father came down and Julie and took one look at the trailer and were appalled and said that the outside of it looked like a trash dump and that it wasn't safe for the children. And the dad said the inside wasn't a whole lot better. So Tim, Sr. set about using his contracting skills to put in sinks and toilets and things like that on the inside to make it more habitable. Tim said and the family said Amber was disappointed and upset with where they were living. They had been in student housing all this time. And this particular mobile home was in a somewhat isolated area. Amber didn't have a license and she didn't drive. Tim's enthusiasm was that he was going to homestead, so he bought 30 chickens, three goats, two turkeys, three rabbits, four geese, two beagles, an unknown number of cats. They had a lot of animals. And, of course, he was gone most of the time. So Amber was at home with all of these critters and three small children and by now, she was also pregnant with Gabe. Amber's job was to homeschool Merah. And as she said earlier, it was something she didn't feel qualified to do, but it was something Tim urged her to do.

1397:29:03

CASEY SECOR: And they weren't here in South Carolina long before DSS gets involved?

1407:29:05

DEBORAH GREY: That's correct.

1417:29:05

CASEY SECOR: And I know that the jury has heard about some of these DSS investigations, so all I want you to do is just touch on what you think is particularly relevant to your social history from that first DSS investigation, what it tells you about what's going on in the home.

1427:29:15

DEBORAH GREY: Social services came out and this is -- these are actually their pictures from where they came out. That's a picture of the trailer as they saw it and that's a picture of one of the rooms inside that they noted was so filled with dirty laundry that you could not get into the room. And the rest of the house looked not that different from what that one picture looked like, according to the pictures that they took. They made a total of seven visits and, ultimately, substantiated this case for substantial risk of physical injury. The physical injury was only due to the facility where they were living, the place that they were living. They found the children to be free of any marks and bruises and they found adequate food in the home and the children were clean and appeared to be well cared for. It was the environment that they were concerned about. So after they made the substantiation, they referred the case to what's called a treatment unit.

The treatment unit social worker would make unannounced visits to the home about once a month from that time on. But it appeared that the treatment worker, from her dictation, didn't offer so much treatment, never saw any indication of treatment as she showed up to make sure that the house was still clean. And part of what, as a social worker, is somewhat concerning is you have a mom here who would clearly be in distress, who's got now, once she treatment unit is involved, she has a baby and three small children. She's living in the middle of nowhere without a car, without a driver's license, with all these animals and a husband who's gone all the time. And it didn't appear that there was an exploration for what can we do to get you more socially connected in the world? What can we do to help you get a driver's license? What can we do to deal with some of this isolation? It was more like clean the house, keep it clean. We're going to come by and check to make sure that it is, and it was. It was okay. And on each of these visits, they would check the children and check the food. And the children were okay and the food was okay.

1437:31:43

CASEY SECOR: And not a whole lot of time goes by before Tim and Amber's marriage starts to deteriorate. I mean, they've been married for a while at this point, but the move to South Carolina seems to have been sort of the beginning of problems, is that fair to say?

1447:32:05

DEBORAH GREY: I think that there were problems there before and the move to South Carolina and this kind of isolation, social isolation and also isolation from the Jones family, which was an outlet for Amber, I think all of that combined to push this family over the edge in terms of their relationship and it seemed to get more and more argumentative.

1457:32:27

CASEY SECOR: And the jury has heard about this period of time and has heard from Amber about things that were going on in their marriage and their relationship and what was contributing to that. But from your perspective, the sort of -- the ensuing end of the marriage does what to Tim? In terms of him seeing that this marriage is failing, what does that do to him at this point?

1467:33:04

DEBORAH GREY: One of the things that happened as things were beginning to go badly in the marriage was Tim's relationship with the imaginary friend changed. His perception was that it was still the imaginary friend, but now, the imaginary friend had turned into a monster. And it's a monster that he mentioned in the records with Dr. Hames as well. The monster was at him constantly, according to his description, telling him that he was a loser, that she was going to leave him, that he was going to lose the children, he was going to lose everything. And it was so much so that he was having trouble concentrating at work. He went to the EAP trying to get help, hoping that Amber would go with him, but she didn't. And he went to counseling for a number of times by himself. What I found significant about that was the very first thing that he went in and talked about and started crying about was his mother and said he had mommy issues, despite the fact that he had only ever met his mother on one occasion. And that was something that came up periodically in his treatment with Dr. Hames, who saw his issues as being largely related to attachment and problems in attachment with his mother. He talked about his own mommy issues, but he also talked about his fear that his children would grow up without a mother and that's what he had experienced.

1477:34:37

CASEY SECOR: We're in 2012 now, correct? Because they arrived in South Carolina the summer of 2011.

1487:34:43

DEBORAH GREY: Correct.

1497:34:44

CASEY SECOR: And the DSS investigation sort of comes up periodically throughout the remainder of that year and into 2012?

1507:34:52

DEBORAH GREY: It came up through the spring. And then DSS lost track of them until they closed the case in the fall.

1517:34:58

CASEY SECOR: And how is it that DSS loses track of them?

1527:34:58

DEBORAH GREY: There came a time when Tim took first the three children and then the four children to South Carolina and he left them --

1537:35:10
1547:35:10

DEBORAH GREY: Not to South Carolina. Tim, Sr. [sic] took the children to Mississippi for his parents to take care of, and they did for the course of the summer.

1557:35:21

CASEY SECOR: And that's the summer that the jury has heard a lot about, the summer of 2012 when they lived there with Tim, Sr. and Julie, is that right?

1567:35:21

DEBORAH GREY: Right. Tim, Jr. first took the three of them to his folks and then he turned around and went back and picked up Gabe and took Gabe back to his parents as well. And his sister, Jackie, helped to look after the children in the course of that summer.

1577:35:44

CASEY SECOR: His performance at Intel -- we've heard a lot from people at Intel. But that seems to be an area where he's still able to sort of succeed, is that right?

1587:35:57

DEBORAH GREY: It was. One of the people that I talked with who has children, but has a partner, a wife, said he never really stopped to think about it, but he didn't know what he would do if he was on his own and he only has two children. How in the world would he cope if he had five children on his own? Tim's kids were with his parents that summer. He would leave Intel after work on Friday, drive all night to get there by Saturday morning when they would wake up. He would spend Saturday, Sunday, tuck them into bed, drive all night and show up at Intel first thing in the morning on Monday. He was sharing an apartment with someone the jury may have met, a man named Jaimeet. And Jaimeet said -- told me that Tim was never there and when he was there, he was in the back bedroom. And he was very impressed by Tim's dedication to his children, that he would leave every weekend and spend two nights driving to spend time with his children. Ultimately, his dad told him, this is killing you. You really need to cut this back to every other week. And I think he cut it back a little bit, but he continued to go.

1597:37:08

CASEY SECOR: And then at the end of that summer, Tim, Jr., he brings the kids from Mississippi back to South Carolina, right?

1607:37:16

DEBORAH GREY: That's correct.

CASEY SECOR: And I think that part of the reason that DSS lost track of them because Tim's no longer living at the original house where he and Amber lived, right?

1627:37:28

DEBORAH GREY: Neither he nor Amber were at the original property any longer and they lost touch with them. They sent a letter to Mississippi Social Services, but never got a response and they closed the case.

1637:37:42

CASEY SECOR: Is it okay to move on now to the --

1647:37:44
1657:37:44

CASEY SECOR: Tim's house.

1667:37:45

CASEY SECOR: Is that all right, Your Honor?

1677:37:48

THE COURT: Oh, yeah. Please.

1687:37:51

CASEY SECOR: Thank you.

1697:37:56

CASEY SECOR: And if you would just sort of walk us through from the time that they moved in there, which, I guess, is fall of 2012, is that right, approximately?

1707:38:07
1717:38:07

CASEY SECOR: Okay. And --

1727:38:08
1737:38:08

CASEY SECOR: I'm sorry, go ahead.

1747:38:09

DEBORAH GREY: This is also a picture that DSS took. It's a picture not from 2012, it's a picture from one of the subsequent investigations that you heard about when they went out. So this was how this trailer looked when they came out. And Tim, at this point, is a single dad with five -- four children. He's working full time. Amber is pregnant again, due to deliver in December of 2012. So school year 2012/2013 is the first year that Merah and Eli go to school. So he's got two children at home, Nahtahn and Gabe, and two that are going to school at this point.

1757:38:57

CASEY SECOR: And the jury's heard a lot about this being a period of time where things seemed to start to deteriorate more and more for the family. And we've heard about the DSS investigations. And, I guess, I want -- I don't want to go through it too exhaustively because I think the jury has heard some of it, but I do want to give you the opportunity to tell us, during this period of time, what does your social history tell you about the family and how they are doing?

1767:39:34

DEBORAH GREY: I've looked at this and tried to put my finger on when things began to change, when Tim went from somebody who was described as very Christian in his orientation, very strictly according to the Bible, literal translation as far as his discipline with the children. But as best I could tell from what other people have told me, initially, while they may not have agreed with it, they saw him as doing that in a way of moderation. That he didn't spank when he was angry, he didn't curse when he spanked. He would pray before and after with the children. He would talk with them about what they had done. And this would be the first three children. And that would be during the time that he and Amber were still together. During the time that he wasn't drinking or doing any kind of drugs.

But one of the things that happened when Amber left was, after nine years of sobriety, he started drinking again and started drinking Crown Royal, his dad's drink of choice, and he started drinking to excess at times. Hadn't been drinking, hadn't smoked a cigarette, hadn't done any weed since 2001 when he went into prison. So this was a very dramatic change for him to revert back to that. Also, at the same time, you've heard people talk about his relationship with Chrystal Ballentine. For Tim, that was something that was morally wrong and he knew it was morally wrong. It was having sex outside of marriage, which his religious beliefs told him was wrong. So he's smoking, he's drinking, he's living with somebody. That somebody said that that fall, anyway, Tim was still a pretty good dad, that he was engaged with the children. He would come home and play with them, would pray with them. She didn't have concerns or problems with how he was doing at that point.

But something happened that Christmas when he went home. And my understanding of what happened is that he arrived with the children, they hadn't been there since the summer. And he started picking on his stepsister, Jackie. When he arrived, one of the brothers said it was like the Grinch came home to Christmas. It was not the Tim that they had last seen that past summer. He was grouchy. He was irritable. He was on edge. And when Tim, Sr. told him to cut it out and leave his stepsister alone, Tim says that what happened was a whole cascade of thoughts, like here we go again. And for him, in the moment, it was as if he was back to being a teenager again where his dad was choosing to side with somebody over him, Carolyn or Julie or one of the brothers. And he had this whole cascade of thoughts, this is going to be awful, we're going to get into this fight, it's just terrible. His dad went to sleep. He packed up the children and he left. And that was the last time he saw Tim, Sr. and Julie was that Christmas.

1777:42:57

CASEY SECOR: And that's the last time that anybody in the family other than Larry and Roberta --

1787:43:01

DEBORAH GREY: Correct.

1797:43:02

CASEY SECOR: -- saw any of the children?

1807:43:04

DEBORAH GREY: Correct.

1817:43:05

CASEY SECOR: So at this -- from the end of -- and I guess, we, of course, should mention that even before that Christmas that Elaine had been born, right? She was born 12/12/12.

1827:43:20

DEBORAH GREY: Elaine was born, I think, on the 12th of December and Tim learned on the his birthday, that she had been born. She had learned that Amber had given birth right before he went to South Carolina -- to Mississippi to be with his family that Christmas. He didn't know whether this baby was his or not given all that had gone on, so there was going to be the possibility of some DNA testing done before he would know whether that baby was his. So he knew that, but he didn't tell his family. They didn't know that she had been born yet.

1837:43:57

CASEY SECOR: So we're into 2013 now. And from your social history, there are some things that you discover about the children at school and their sort of -- their readiness for school when they started going to school. And just if you would tell us about sort of concerns from the perspective of a social worker about those things.

1847:44:31

DEBORAH GREY: Well, to start with, in the 2012/2013 school year when the kids first started and that Christmas comes right in the middle of that, when Merah and Eli went to school, he learned that they were both behind their grade level. Merah tested out in the first and third percentile at the start of the year and Eli tested out at the first and fourth percentile in math and the 18th to 37th percentile in reading. By the end of the year, both of them had improved, but they still weren't working at grade level. Merah, in particular, was still -- she was in the 20 to 35th percentile as far as how she was doing. Eli had taken a variety of small items at school and was getting into some trouble for that. And then one day in the midst of that, he came to school with a pocketknife and it was Tim's pocketknife. And he brought it into the school, basically, for show and tell. And there's a zero tolerance policy for things like that, even if you're a kindergartener, so they took him in and they suspended him. And they told Tim that their recommendation was going to be that he be expelled, permanently expelled for the year because he had brought this pocketknife in. There was a hearing and Tim went to the hearing and they were able to revert it back to just a suspension and Eli was able to finish his kindergarten year. But that was a major to-do and probably the first big school stress for Tim as a single dad.

1857:46:10

CASEY SECOR: It's during this time that Tim is going to therapy for himself, is that right?

1867:46:12

DEBORAH GREY: Yes. He's still seeing Dr. Hames on occasion. And I believe it was after that Christmas that he also took the children in. He took Merah and Eli in for counseling.

1877:46:42

CASEY SECOR: Okay. But based on this sort of condensed version of your social history during this period of time, it certainly appears that things are going off the rails in terms of how Tim perceived how his life was going to go or how he was going to live his life, is that --

1887:46:57

DEBORAH GREY: He was no longer living his life according to the plan. We had talked about how the Bible gave him the instruction for how to be a dad, how to be a husband, how to live this life and he wasn't doing that anymore. In addition to that, he was using substances that he hadn't used in a long time, substances that he had a genetic predisposition towards having problems with. Alcoholism and drug addiction run in his family. He knew that, but he was using substances, basically, to kill the pain, to deal with his anxiety. His church attendance had fallen off. He had stopped his tithing with the church. So things just weren't going the way that he had envisioned and lived his life. I think one of the things that occurs to me is that the lack of alcohol, the lack of marijuana, the lack of cigarettes, the fidelity in the marriage, all of those things served as protective factors for Tim. We talked about that earlier. And now, virtually, all of those were gone and he didn't have those kinds of protective factors in his life. What he had was Intel. Things were still going well at Intel. He could speak the language at Intel. He was no longer speaking the language of relationships or parenting very well. And Chrystal Ballentine noted a change around this period of time.

1897:48:36

CASEY SECOR: And other things that are sort of new behaviors is that he begins to get sort of reckless with money, is that right?

1907:48:41

DEBORAH GREY: That actually happened more into the spring of 2014.

1917:48:44
1927:48:44

DEBORAH GREY: So he went through the summer of 2013 and, unlike previous summers, he didn't go visit his family. So this gentleman, who has no outside work friends to speak of at this point, is no longer going to church, no longer has a family that's laying eyes on him and his kids to see how they're doing. He is living in a rural area with a few trailers spotted around him. He's very socially isolated at this point. And what's significant to that for me is nobody is seeing him to know what's going on, but, also, that he has nobody else at this point to bounce things off of. He has no support. The only support he has are paid babysitters, who are not what I would call professional babysitters. They are ladies or girls in the neighborhood who are willing to sit for him. They might refer to them as nannies, but they're not nannies in the sense they have a childcare degree or a child -- they have childcare experience is what they appear to have.

1937:50:00

CASEY SECOR: Okay. There's -- the application to -- or we've heard from some other witnesses, Jim McConnell, some other witnesses that he starts thinking about different ways to try to improve his life, like applying to new jobs and some other things. If you could just tell us a little bit about that.

1947:50:20

DEBORAH GREY: He seemed to become restless at Intel. He had a belief that Intel was going to cut jobs. And periodically, I've seen it in the newspaper as I look back historically that there would be newspaper articles about Intel planning to cut jobs. He hadn't been there all that long. He feared on the one hand that he would get cut and he would have no income on which to support his children. But he also feared, on the other hand, if he didn't get cut, what was it going to mean to his work load. And those of us who have worked places where folks have gone know what it's like to pick up the work load that's now being done by you and used to be done by two or three people. So he had fears on both sides of that in terms of what would happen to him. He applied to an online program at Georgia Tech. He was accepted. But when he called the Georgia Tech people to iron out some things about some forms that he had going on there, he didn't like the way that they talked to him and said well, he wasn't going to go there because nobody should talk to someone the way that they had just spoken to him. So he withdrew his application. Over time, he had a variety of ideas. More of those in the spring of 2014, I think. Some involved going to Korea, saying his children spoke English well enough that they could teach English as a second language. He developed an idea of medical school. He looked into doing certain things online to make money. He did a variety of things to try to explore increasing his income.

1957:52:01

CASEY SECOR: Although it seems like he had the intention of increasing his income, the result of what he was doing is the opposite, is that right?

1967:52:10

DEBORAH GREY: Ultimately, it was. He saw something on the internet or on television that said if you want to be a millionaire, this is how you do it and there was a link to that and he followed the link. And the link said that they had a program that would teach you how to become a day trader and how to do things, among other things, to trade currency pairs. They had a program that would teach people how to do that and it was $4,000. He contacted them and said he didn't have $4,000, but he'd like to do it and they agreed to draft it out of his checking account on a regular basis. Over the next several months, he took out and sent in, I think, something like maybe $18,000 to this day trading organization. Ultimately, he took back a large percentage of that. It was hard to interpret that from the financial records. But one of the things that became significant, I think, is that he started running an overdraft. This is a numbers guy. So he's running an overdraft and every time he runs an overdraft, he incurs a $25 charge. He's writing checks for $2.76, for $5.50 all over town. And by the end of a finite period of months, he's got $700 in overdraft fees for writing checks like that. So he's handling money in ways that would not appear to be wise and they would appear to be impulsive and not guided by what he's certainly intelligent enough to know.

1977:54:02

CASEY SECOR: And this sort of behavior that you see, does it come up before the period of time your social history shows that he starts buying spice?

1987:54:02

DEBORAH GREY: I think that it comes up somewhat before that and continues during it. He also had been having ongoing stresses with his children during the course of the school year 2013/2014. Now, he's got three children in school and each of them were having their own level of not abnormal difficulties, but having difficulties.

1997:54:42

CASEY SECOR: By the spring of 2014, which I think is where we are now, is when the second DSS investigation begins, right?

2007:54:54

DEBORAH GREY: That's right, that began May 5th, 2014.

2017:55:00

CASEY SECOR: And that case, ultimately, I think DSS determined there was substantial risk of physical abuse, but the case was closed with no services. Is that your understanding?

2027:55:13

DEBORAH GREY: That's correct.

2037:55:14

CASEY SECOR: And just tell us what you know about that investigation, what they found and whether or not you think that finding by DSS and their involvement in the family and the family's life at that point was appropriate?

2047:55:33

DEBORAH GREY: DSS got involved very appropriately when the school called and told them that Nahtahn had said that his dad had choked him and held him up against the wall. And DSS came out as soon as they got that complaint, interviewed the child, interviewed the father, went out to the home, saw the child the next day. You guys have heard most all of that, I believe. They followed up with the family. Dad and the kids were having cupcakes for Merah's birthday. Their visit to the family was unannounced, as they mostly are. And then they followed up with the babysitter, who said that everything was fine. There are two things that struck me in this. And that is, we know from the teachers -- and I didn't interview the teachers, but I've read their statements to the police. The teachers saw things as being far from fine at school. They had noted problems. They had noted difficulties. The DSS record indicates that when they went out there, there was a guidance counselor and a teaching assistant there when they interviewed Nahtahn and then when they saw Merah and Eli and Nahtahn and yet, there's no indication that DSS interviewed the teachers to say how are these children getting along in general. I don't see any dication about that. Also, both Elaine and Gabe had been having some difficulties that are noted in the pediatric records. Gabriel had been diagnosed as developmentally delayed with his gross motor skills as well as his -- that would be walking, crawling, creeping and his talking. And the doctor had referred him for further evaluation and for treatment and Tim did not follow through with that.

2057:57:24

CASEY SECOR: Did your investigation sort of give you an indication as to why he didn't follow through on that?

2067:57:31

DEBORAH GREY: It was a reason that didn't make sense. He told the doctor that there was something else that had to be taken care of first. And the doctor asked what he was referring to and he would not explain. If he asked if it was a billing issue and he said yes. And dad was told that this referral had nothing to do with the billing, but he still would not take Gabe for an evaluation. He said the other issue needed to be fixed first. The doctor checked into it and there wasn't a balance owed at that point. Elaine was having problems with weight gain. And the same pediatrician said she's having problems with weight gain. I think there might not be enough milk, there might not be enough calories. Made some suggestions and said if dad doesn't follow through with these suggestions, I may want to consider a call to DSS. So not only were things not fine at school, things were also not fine in the pediatrician's office.

And social services did not check with the pediatrician also to see how these children were doing. So there was knowledge in the community in an uneasy sort of way that things were not quite right, but nobody in this larger community came together to pull those concerns together at the point of the second referral. And the final piece of that was what the babysitter told the DSS was that the kids were fine and the kids were a good dad, but what they told the police was something different. They said that Tim was afraid he was going to turn out like his mother, that Merah had a made up imaginary friend and she was afraid she was going to turn out -- he was afraid she was going to turn out like his mother. Ms. Dockery said she didn't get very close to Tim because she, quote, thinks this man is shit house crazy. Tim often threatened the kids with foster care and being separated if they didn't behave and stop telling lies. During the last couple of months that they watched Mr. Jones' children, he kept forgetting things. Sometime after June 5th, Mr. Jones --

2077:59:52

THE COURT: All right. A Mr. Jones called --

2087:59:54

THE COURT: I'm not sure where this is coming from. She can talk about her investigation, but I don't want her to read the police investigation. The police have been called.

2098:00:04

CASEY SECOR: Yes, sir.

2108:00:05

CASEY SECOR: The event that you discovered about Tim not knowing where the kids were one night?

2118:00:10

DEBORAH GREY: Correct. He apparently called the babysitter and said he was so sorry he had forgotten to pick them up. And she said, you already did, go check the bedroom. And he did. So, clearly, there were things that were not quite right there that social services was not aware of.

2128:00:28

CASEY SECOR: I think that your -- the social history shows that that second DSS investigation was a result of the bruise on Nahtahn and what Nahtahn said Tim did?

2138:00:37

DEBORAH GREY: That's correct.

2148:00:37

CASEY SECOR: The findings by DSS are contradictory in terms of that case, right?

2158:00:41

DEBORAH GREY: They find it both founded and unfounded. And what it looks like is the unfounded was, perhaps, a typographical error or an error of some sort. They found it for substantial risk of physical abuse, but they saw it as a one-time thing and it was closed with no services.

2168:01:16

CASEY SECOR: So this is the summer of 2014 now. And we've heard from some witnesses about some of the web searching that Tim is doing about that period of time, about concerns about Amber being prostituted and that she's being betrayed by -- researching betrayal by your children. I wanted you before we -- before we sort of try to wrap this up, but looking at the genogram again, I just wanted you to address the third DSS investigation and what that tells you about what's happening with the family. This is -- that was, I guess, August of 2014, early August 2014, right?

2178:02:07

DEBORAH GREY: August 7th, yes. And the complainant was a Ms. Tanner. And the complaint states Tim beats Elias leaving extensive bruising, does not feed the children adequately.

2188:02:19

CASEY SECOR: Yes, ma'am. And that is, obviously, investigated by DSS?

2198:02:22
2208:02:23

CASEY SECOR: And their ultimate finding on that.

2218:02:25

DEBORAH GREY: They found adequate food in the house. They said that dad seems to be overwhelmed and he's unable to maintain the home, keep it clean, but the children appear to be clean, groomed and appropriately dressed. They had not taken any sort of action on this case. They still had time to do that. But when they did have their seven-day staffing, August 13th, they said there weren't any concerns of impending safety concerns at the time.

2228:03:03

CASEY SECOR: You have copies of the genograms up there, Ms. Grey, do you?

2238:03:10
2248:03:17

CASEY SECOR: I'm just going to put up here Defense 362 again, which is the one that we looked at before.

2258:03:25

THE COURT: That one was admitted?

2268:03:27

CASEY SECOR: Yes, sir.

2278:03:28

CASEY SECOR: Ma'am, this is what we can describe as just a bare bones structure?

2288:03:34

DEBORAH GREY: That's the bare bones genogram, that's correct.

2298:03:39

CASEY SECOR: And you've already authenticated, identified Defense 363, which is the one that's --

2308:03:45

CASEY SECOR: If I haven't moved this into evidence, now, I'd offer it.

2318:03:48

THE COURT: Without objection. (WHEREUPON, Defendant's Exhibit number 363 was admitted into evidence.)

2328:03:52

CASEY SECOR: May I approach?

2338:03:53
2348:03:54

CASEY SECOR: And this is obviously the same structure behind all this information, but it's filled in with the information that is drawn out from your review of all this and your investigation. If you could just help us understand what the genogram means to you after the social history is complete.

2358:04:21

DEBORAH GREY: So we talked before about how the squares were male and the circles were female. The line represents a marriage and children. The squiggly lines represent sexual abuse. So you see that going from Ted Montaine towards the girls in this family and from Domingo down towards Tim's mom, Cynthia. The colors represent different things. The blue represents someone who's been abused, neglected or molested. And I'm having a hard time reading that, so I'm sure you guys are, too. The pink represents a psychiatric diagnosis. The red is a suicide attempt and the brown is substance abuse. And what I did was, the majority of this is documented and I have records to go along with it. If I don't, instead of just being noted or having a D by it, it has an R by it and that means it's been reported to me by, at least, two people.

2368:05:27

CASEY SECOR: Can I stop you for just a second?

2378:05:29

CASEY SECOR: Your Honor, may I use the demonstrative that's a replica of this to put in front of the jury since they're having a hard time reading it.

2388:05:40

THE COURT: It's so small, it's going to be hard to read on that. You need to hold it in your hand to read it. I don't think that's going to help a whole lot to be honest with you. I've studied it. It's very small writing. You need to hold it. They are seeing it. I mean, it's a summary of her testimony.

2398:05:58

CASEY SECOR: Yes, sir.

2408:05:59

CASEY SECOR: I'm sorry, I didn't mean to interrupt you.

2418:06:03

DEBORAH GREY: What I can do is tell the jury the essence of what these various diagnoses are that these family members have. You can tell from looking at this that on each generation, there are problems that are shown. And we'll start with Tim Jones, Sr. And what I also have on here are legal difficulties because -- if the legal difficulty relates to substance abuse or if it relates to domestic violence. So Tim Jones, Sr., we have 1982, domestic violence, choking and striking his wife. 1995, battery, breaking furniture, choking and punching his wife.

2428:06:50

THE COURT: We've already been through all that. She's testified to all that. A Not on the genogram.

2438:06:54

THE COURT: Not on the genogram, but she's already testified to it.

2448:06:58

CASEY SECOR: Yes, sir.

THE COURT: The jury has heard it. Certainly, we can read it. It may be time for a break. It's getting close to the end of the day. But they've heard this testimony a lot. This is a great summery.

2468:07:14

CASEY SECOR: Yes, sir. I want to -- the last thing I want to do is allow Ms. Grey to tell the jury about the actual diagnosis from various family members. But if you want to take a break and get some copies of it made so that we don't have to just -- she doesn't just have to read it out, I'm happy to do that.

2478:07:33

RICK HUBBARD: Your Honor, if she'll just stick with the diagnoses and that does it.

2488:07:40

THE COURT: Okay. That's fine. But the legal trouble and stuff, she testified to that. Not off this document, but off the other documents. You know, it's been testified to.

2498:07:49

CASEY SECOR: Yes, sir.

2508:07:50

THE COURT: That's fine. Go through the diagnoses. A Okay. So with Roberta, there are a variety of legal troubles that we've talked about. Her psychiatric diagnoses start in 2005 with major depression; 2006, anxiety and depression; 2007, increased depression with anxiety, rule out schizo-affective disorder, bipolar II, mixed type with history of psychosis and anxiety disorder; 2008, bipolar, bipolar or schizophrenia, question mark; mood disorder not otherwise specified; generalized anxiety disorder; histrionic or borderline traits; 2009, depression, not otherwise specified, rule out mood disorder, no psychosis for past two to three years, posttraumatic stress disorder, generalized anxiety disorder, history of alcohol abuse; 2017, depression, bipolar, most recent episode mixed with psychotic behaviors, personal history of schizophrenia and child sexual abuse; history of alcoholism and history of suicide attempts.

2518:09:10

CASEY SECOR: And that was all Roberta Thornsberry?

2528:09:16

DEBORAH GREY: That was all Roberta. We heard about Larry Thornsberry's legal difficulties. Larry Thornsberry, Jr. had been diagnosed according to his mother and others as bipolar and had a series of legal difficulties as well starting while Tim was living in the home. Aunt Elaine has been reported as a drug addict. Patrick Rooney, cousin, reported as a suicide. Tammy Montaine reported as a suicide. Eugene Combs, great uncle, documented as a suicide at age 18. Carol Chapman, great aunt, documented as a suicide in 2005. And two uncles, Teddy and Ira Montaine, as having problems with the law related to substance abuse. Cynthia Granado, we've heard about her legal problems. And her diagnoses start in 1988 with schizophrenia, disorganized, acute, rule out organic causes for the current psychosis, history of bipolar mania, psychotic disorder, atypical psychosis; 1990, schizophrenia, chronic, undifferentiated, paranoid type. This was the year that she gave birth to a child at home.

1991, diagnoses, schizophrenia, paranoid type, chronic paranoid schizophrenia, schizo-affective disorder, depressed, somatization disorder, hypochondriasis, cocaine abuse in remission, alcohol abuse in remission, personality disorder, psychotic disorder; 1994, suicide attempt, homeless, more schizophrenia diagnoses, more schizo-affective diagnoses, organic disorder, bipolar manic. I'm now moving to diagnoses you haven't heard previously, eating disorder, not otherwise specified, rule out dissociative disorder. And then finally, she is diagnosed with dissociative disorder as well as schizo-affect, somatization and borderline intellectual functioning and borderline personality disorder.

2002, still diagnosed with paranoid schizophrenia; 2004, chronic schizophrenia, psychotic disorder, alcohol dependence, borderline personality and chronic mental illness with noncompliance of treatment; 2008, psychotic disorder; 2012, the diagnoses are all schizophrenia or psychotic disorder and 2013 and 2014, they're still schizophrenia, paranoid-type. I alluded to Domingo Grenado having some difficulties. He had a series of DWIs. Domingo Grenado, Jr., this is on Cynthia's side, reportedly suicided in 2016. Uncle Arthur Grenado reportedly suicided. Uncle Edward Grenado was court ordered to a substance abuse treatment program. Uncle Christopher Grenado was noted to be incompetent or unfit to stand trial and was diagnosed as schizophrenia, paranoia-type, with a history of suicide attempts. Ambrose Grenado was also found incompetent to stand trial, can't understand the charges against him or communicate with counsel. Cousin Walter Rays was aggravated driving under the influence in 1997 as well as a possession charge in 1998. And then his brother, Donald Alexander, who was his half brother, has no legal charges, but has had some learning difficulties in school. And that's a summary of what's on that chart.

2538:14:00

CASEY SECOR: And that's all things that you have confirmed through documentation or --

2548:14:00

DEBORAH GREY: I've either confirmed it through documentation or if it's been reported to me, I mentioned that it was reported.

2558:14:11

CASEY SECOR: Is there anything that I've forgotten that you feel that the jury should know further about the social history?

2568:14:25

DEBORAH GREY: Not that I know of.

2578:14:29

CASEY SECOR: I appreciate it. I know that it was long. I'm sorry if I made it more difficult than it was, but I appreciate your time. Thank you.

2588:14:48

THE COURT: How long you think it's going to be?

2598:14:54

RICK HUBBARD: Your Honor, I know nobody wants to be here long. I don't have a whole lot, but I don't want to rush the clock if the folks are just worn out. If they're fine, I'm fine.

2608:15:20

THE COURT: Let's stop for the day. I think that would probably be best.

2618:15:28

RICK HUBBARD: I'll do whatever, Judge.

2628:15:31

THE COURT: Let's start back in the morning. I don't have anything to delay tomorrow because I had some things to do this morning. 9:00 o'clock we'll get started, so y'all be here about 8:45. We'll start court at nine o'clock sharp. Don't talk about the case. See you in the morning. (Whereupon, the jury was excused from the courtroom for the day.)

Continue to Day 311.Deborah Grey — Cross/Redirect (Part 2)