Judge (00:00):
Present evidence, I have to turn it into a different mode. And so you would no longer be able to see out into the courtroom during those periods that any time is played. If you feel like you are going to hear testimony that's going to create some reaction or some emotion, I need you to immediately remove yourself from the courtroom as quietly and discreetly as possible. Okay? If anyone commits any act that can be seen as trying to disrupt the flow of the trial and disregard these orders, you will be subject to contempt, which is punishable by up to 180 days. My job here today is to make sure both the state and defense get a fair trial and that our jurors are deciding these cases based on evidence and the law. Is there anyone who needs any explanation or has any issue with that instruction?
(00:53)
All right. And state, is there anything else that I needed to address from your perspective?
Speaker 1 (00:59):
No, ma'am. Nothing from the state.
Judge (01:00):
All right. Defense, anything?
Speaker 4 (01:00):
Judge, we would invoke the rule of sequestration at this time.
Judge (01:00):
All right. So if I can have all witnesses who are presenting testimony with regards to this case step forward.
Speaker 3 (01:16):
One moment please, Your Honor. [inaudible 00:01:24]
Judge (01:23):
Yeah.
Speaker 3 (01:30):
All witnesses. [inaudible 00:01:56]
Judge (01:55):
[inaudible 00:01:56], can I also have-
Speaker 3 (01:56):
[inaudible 00:01:56]
Mike Willard (01:56):
We have one more coming.
Judge (01:56):
Okay.
Speaker 2 (02:06):
Can you all raise your right hand for me?
Judge (02:06):
Wait, I think they said they-
Mike Willard (02:06):
We're still waiting on Sgt. [inaudible 00:02:06]
Judge (02:06):
Okay. Sorry. Can I get the jury [inaudible 00:02:24] up here? Okay.
Speaker 6 (02:06):
And that's [inaudible 00:02:24]
Judge (02:24):
All right.
Speaker 2 (02:34):
Can you raise your right hands? Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, the whole truth, and nothing but the truth so help you God?
Witness (03:07):
I do.
Speaker 2 (03:07):
Okay.
Judge (03:08):
All right. Starting on this end, can you state your name please?
Chaz Kofler (03:12):
Chaz Kofler.
Judge (03:14):
Spell that for me.
Chaz Kofler (03:15):
C-H-A-Z K-O-F-L-E-R.
Judge (03:19):
All right.
Steven Killian (03:19):
Steven Killian.
Holli Mullen (03:24):
Holli Mullen.
Kelly Stromsell (03:28):
Kelli Stromsoe.
Judge (03:30):
Kelli?
Kelly Stromsell (03:34):
Stromsoe.
Mark (03:35):
Mark [inaudible 00:03:36]
Judge (03:36):
All right. You've all been sworn as witnesses in this matter. The rule of sequestration has been invoked. That means that throughout these proceedings you cannot talk to each other about each other's testimony. You can't hear other witnesses testify and you will remain outside the courtroom until that is concluded. You are allowed to talk to the attorneys. If there's direction or counsel that they have to give you with regards to your testimony, that attorney won't be able to tell you about anything that was testified to in court. So does everyone understand the rule of sequestration?
Witness (04:09):
Yes, ma'am.
Judge (04:10):
All right. Thank you. So we'll have you go back into the lounge or the witness area. And then now are we ready to walk the jurors over?
Mike Willard (04:21):
State's ready, Your Honor.
Judge (04:24):
Defense ready for us to walk the jurors over?
Speaker 4 (04:28):
Sorry, what was that?
Judge (04:29):
Are you ready for us to walk the juries over?
Speaker 4 (04:31):
Yes. Sorry.
Judge (04:31):
No problem.
Speaker 5 (06:36):
All rise as jurors enter courtroom.
Speaker 2 (07:12):
All right. And before you're seated, if I could have you all raise your right hand to be sworn. Do you solemnly swear or affirm that you will well and truly try the issue between the state of Florida and this defendant and render a true verdict according to the law and evidence so help you God?
Jury (07:57):
I do.
Speaker 2 (07:59):
All right. Everyone can be seated.
Judge (08:01):
Good morning. Thank you all for being here, ready and on time and ready to start today's proceedings. I'll do a quick roll check to make sure that we have everyone seated in the proper seat. So I have juror one Smith.
Smith (08:17):
Yes, ma'am.
Judge (08:18):
Juror two Edwards.
Edwards (08:19):
Yes.
Judge (08:20):
Three Ryan. Four Santiago.
Santiago (08:22):
Yes.
Judge (08:23):
Five [inaudible 00:08:25]. Six [inaudible 00:08:26]. Seven West. Eight Moore. Nine White. 10 Frank. 11 Freeman. 12 Grant. 13 [inaudible 00:08:32]. And 14 [inaudible 00:08:32].
(08:27)
All right. So members of the jury, you have been selected and sworn as the jury to try the case of State of Florida versus Caylen Deller. This is a criminal case. Ms. Deller is charged with the following offenses. Count one is first degree murder with a firearm. Count two is tampering with physical evidence. And count three is failure to report death of a person with intent to conceal the death or alter the evidence or circumstances surrounding such death.
(09:26)
The definition of these crimes will be explained to you later. You must decide this case based on the evidence presented and the law that I give you. Evidence consists of the sworn testimony of witnesses, exhibits admitted into evidence, and anything else that I tell you to consider as evidence. The state's charging document, which is called an indictment, is not evidence and it is not to be considered by you as any proof of guilt.
(09:58)
It is my responsibility to explain the law to you. It is your solemn responsibility to determine if the state proved its accusation beyond a reasonable doubt against Ms. Deller in accordance with the law that I provide to you. Thus, the province of the jury and the province of the court are well-defined and they do not overlap. This is one of the fundamental principles of our system of justice.
(10:27)
Before proceeding further, it will be helpful if you understand how a trial is conducted. At the beginning of the trial, the attorneys will have an opportunity if they wish to make an opening statement. The opening statement gives the attorneys a chance to tell you what evidence they believe will be presented during the trial. What the lawyers say is not evidence and you are not to consider it as such.
(10:54)
Following the opening statements, witnesses will be called to testify under oath. They will be examined and cross-examined by the attorneys. Documents and other exhibits may be introduced as evidence. After the evidence has been presented, the court will give you instructions on the law. The attorneys will then have the opportunity to make their closing arguments. Following the closing arguments by the attorneys, the court will conclude with the final instructions.
(11:27)
After the final instructions are given, you will be released into the jury room and retired to consider your verdict. You should not form any definite or fixed opinion on the merits of this case until you have heard all the evidence, the argument of the lawyers and the instructions on the law that I give you. Until that time, you should not discuss the case among yourselves.
(11:55)
Your verdict must be based solely on the evidence or lack of evidence and the law. Jurors must decide the case without distraction and only on the evidence presented in this courtroom. Jurors must not conduct any investigation on their own. This includes reading newspapers, watching television or using a computer, cell phone, the internet, any electronic device or any other means at all to get information related to this case or the people and places involved in this case. You may not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during the trial. If you investigate, research or make inquiries on your own, I have no way to make sure that the information you obtain is proper for the case.
(12:52)
The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. This is contrary to our judicial system, which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence. Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity, our judicial system promises.
(13:25)
You are also not permitted to communicate about this case with anyone, including your spouse, family members, friends, neighbors, and even your fellow jurors. No communication includes no in-person, telephonic or electronic communication such as emailing, text messaging, posting information on social media or a website or any other form of communication. During the trial, the court may take recesses and you will be permitted to separate and go about your personal affairs during the lunch break. It is important to remember that the prohibition on communicating about this case applies during recesses, whether you are in the courthouse or elsewhere.
(14:12)
It also includes once we release you at the end of each day. If at any time you find yourself in a situation where others are discussing the case in your presence, leave that situation at once and immediately report the matter to one of the court deputies who will then advise me. You cannot have any cell phones, tablets, laptops, or other electronic devices in the courtroom. You may use these devices during recesses, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case.
(14:53)
Do not take photographs, video recordings, or audio recordings of the proceedings or your fellow jurors, and that applies to everyone in the courtroom, including the jury. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If someone needs to contact you in emergency, hopefully you've received our jury coordinator's phone number and then she can deliver those messages to me and I would make sure they give to you.
(15:24)
Any juror who violates these restrictions jeopardizes the fairness of these proceedings and a mistrial could result that would require the entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court and the taxpayers. If you violate these rules, you may be held in contempt of court and face sanctions such as serving time in jail, paying a fine, or both.
(15:53)
In every criminal proceeding, a defendant has the absolute right to remain silent. At no time is it the duty of a defendant to prove his or her innocence. From the exercise of a defendant's right to remain silent, a jury is not permitted to draw any inference of guilt and the fact that a defendant did not take the witness stand must not influence your verdict in any manner whatsoever.
(16:20)
The attorneys are trained in the rules of evidence and trial procedure and it is their duty to make all objections they feel are proper. When an objection is made, you should not speculate on the reason why it is made. Likewise, when an objection is sustained or upheld by me, you must not speculate on what might have occurred had the objection not been sustained nor what a witness might have said had the witness been permitted to answer.
(16:50)
During the trial, it may be necessary to confer with the attorneys out of your hearing to discuss matters that require consideration by me alone. It is impossible to predict when such a conference may be required or how long it will last. When such conferences do occur, they will be conducted to consume as little of your time as is necessary for a fair and orderly trial of this case.
(17:17)
If you would like to take notes during the trial, you may do so. On the other hand, of course, you are not required to take notes if you do not want to. That will be left up to you individually. You have been provided with a notepad and pen for use if you wish to take notes. Any notes that you take will be for your personal use. However, you should not take them with you from the courtroom. During recesses, you'll just leave them face down in your chair and the bailiff will make sure no one bothers your notes.
(17:54)
After you have completed your deliberations, you leave them in the jury deliberation room. The clerks will actually gather those and shred them. They'll be destroyed. No one will ever read your notes. If you take notes, do not get so involved in note-taking that you become distracted from the proceedings. Your notes should be used only as aids to your memory. Whether or not you take notes, you should rely on your memory of the evidence and you should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than each juror's memory of the evidence.
(18:35)
So if you could, before we start, make sure that the pen that's in your packet is a working pen, and then if you all make sure that it's working, you can look up at me. That'll signal that we're ready to proceed. While we're doing that, State were the instructions read as agreed?
Mike Willard (18:53):
Yes, Your Honor.
Judge (18:54):
And defense were the instructions read as agreed?
Speaker 4 (18:56):
Yes, Your Honor. Can we approach briefly?
Judge (19:35):
Sure.
Speaker 4 (19:35):
Thank you.
Judge (19:36):
So you recall when we left yesterday and we empaneled you, I instructed you to make sure that you didn't watch any news media report to do any research or anything regarding this case. Is there anyone who violated that rule inadvertently? Is there anyone who came into contact with any of that media or any information regarding this case? No? All right. So everyone is indicating no. Is that satisfactory to the State and defense?
Mike Willard (20:10):
Yes, Your Honor.
Speaker 4 (20:10):
Yes, Your Honor.
Judge (20:11):
All right. And then we're ready, so we'll go ahead and proceed with the State to make their opening statement.
Mike Willard (20:17):
Thank you, Your Honor. May it please the court?
Judge (20:17):
Yes, sir.
Mike Willard (20:21):
Defense counsel. Good morning, ladies and gentlemen. My name is Mike Willard and I'll be working with Mr. Lewis in this trial. We're here because during the late night hours between September 9th and September 10th, 2024, this defendant lured her ex-boyfriend, Chad Mullen, to her horse stables in Putnam County and shot him twice. Several days later, with the help of her friend, Tina Marie Ellis, she moved the body to another farm in Hastings where they buried him in a shallow grave in a remote part of that property.
(20:57)
The evidence will show that within hours after shooting and killing Mr. Mullen, the defendant and her friend likely used one of the defendant's horses to drag the body from where she shot him on the property to a pond either on her property or in the Dunns Creek Preserve across the street. That's where they tied a cinder block to him, tried to anchor him and sink his body in the water. Three days later, the evidence will show that the defendant and her friend retrieved the body, transported it to that farm in Hastings where Ms. Ellis used a small bulldozer or a skid steer to dig a shallow grave and to bury the body.
(21:41)
Back in September 2024, you'll learn that Chad Mullen was 52 years old. He was living in Palatka with his two dogs. He was mostly making a living, mostly doing a lot of handyman work. He was... Some background mechanic and remodeling of homes, so he was doing some handyman work. He enjoyed working on his truck. He enjoyed fishing. He had a great network of friends, great network of family, and he was just trying to live his life the best he could to be there for his friends and family.
(22:17)
You'll learn that he met the defendant sometime around 2023 and they formed a relationship. And unfortunately, a lot of things in Mr. Mullen's life, this relationship was probably somewhat tumultuous. They were constantly together, not together, breaking up, together, that type of thing. So this was kind of a constant part of his relationship with the defendant.
(22:39)
You'll learn the defendant lived with her young daughter on a... I'm sorry, owned or operated a horse farm in Palatka, and it was called Stormy Stables. And this was located in San Mateo on 465 San Mateo Road. She managed the stables at the property, and then she would come run a business operating horse riding lessons through Dunns Creek Preserve, which was right across the street.
(23:09)
You'll hear around the beginning of September 2024, Mr. Mullen was gearing up for a trip. It was actually a wedding for his brother in Arizona. You'll hear he's getting very excited about this trip. It was kind of turning into a family reunion where he was planning with his daughter to fly out there, all the things they were going to do. It was coming up sometime at the end of September. He was very excited, really looking forward to this trip. However, he never went. You'll learn that after September 9th, 2024, Mr. Mullen stopped showing up for work, stopped responding to phone calls from his friends, stopped seeing his friends. He just essentially vanished.
(23:55)
You'll learn that one of the last people to see Mr. Mullen was a friend of his, Stephen Killian. Now, on September 8th, Stephen Killian received a phone call from Mr. Mullen telling him that he broke down, his truck broke down in Green Cove Springs and was asking Mr. Killian if he could come out and help him try to get his truck back on the road. When Mr. Killian went out there to meet up with Mr. Mullen, they couldn't get the truck fixed. They couldn't get it road ready. So Mr. Killian decided he would loan Mr. Mullen a truck that he had so that Mr. Mullen could get to traffic court the next day. So September 9th happens and Mr. Killian drives to Mr. Mullen's residence to try to pick up his truck, picks up his truck, but Mr. Mullen wasn't there.
(24:46)
You'll learn that Mr. Mullen had, around this time in September, Mr. Mullen had issues with his cell phone and he had another friend, Mr. Williams, Steven Williams, and Stephen Williams had an extra cell phone and he loaned it to Mr. Mullen. And this was the phone that Mr. Mullen was using throughout the month of September 2024.
(25:08)
And this is important because you will see as the trial progresses that Mr. Williams had that Find My Phone app and he had it installed on the phone he loaned to Mr. Mullen and he had access to it on his own phone. And you'll see that the phone that Mr. Mullen was using, it tracked his locations between September 9th and September 10th into the early hours of September 10th, and then you'll see that the phone essentially vanishes.
(25:49)
On September 15th, Kelli Stromsoe, the ex-girlfriend of Mr. Mullen and the mother of their child, Holli Mullen, called Putnam Sheriff's Department to report Chad Mullen's missing. She thought maybe he was injured on a hunting trip or she didn't know what happened. She just knows that all his friends or families, they're not getting returned calls from Chad. No one has seen him. So September 15th, she reports him missing.
(26:17)
You'll hear that that phone that Chad Mullen was using again had that Find My Phone app, and you'll find out as the trial progresses that that Find My Phone app last tracked Chad Mullen's phone on September 10th, 2024 at this defendant's horse farm on San Mateo Road. And then again, it just vanishes. It's gone.
(26:49)
So from the call records of Mr. Mullen's phone, you'll learn that it was active during the day on September 9th, 2024, where the last call either his phone made or received was a call from the defendant at 8:30 PM on September 9th, 2024. After that point, Mr. Mullen's phone registers, other than some text activity, there's a subscriber service text activity on September 10th, early morning hours of September 10th. But after that, the phone receives no other calls, no other texts. Again, it just goes silent, radio silent. So during the course of the trial, you'll learn that this case began as a missing persons case, and then it transfers into a homicide investigation once it was believed that Mr. Mullen was no longer alive and they're essentially searching for his body.
(27:47)
After the initial missing person report on September 15th, Putnam County deputies began their search of Mr. Mullen's property, which consisted of a mobile home and a RV. Remember he had two dogs. They actually saw the two dogs. The dogs appeared healthy, but Mr. Mullen was nowhere to be found.
(28:11)
On September 17th, 2024, this case was assigned to Detective Fussell at the Homicide Investigation Division, and he was aware of the defendant's relationship with Mr. Mullen. He was also aware of the Find My Phone app last pinging at the defendant's property on September 10th at her stables, and he begins his investigation. He goes to both properties, both Mr. Mullen's property and the defendant's property, looking for Chad Mullen or any evidence of where he might be. Again, he was nowhere to be found, no evidence indicating where he was located at this point.
(28:53)
Now, you're going to hear from an individual by the name of Sean Russo. Sean Russo and his wife, Angela Russo, were both friends of the defendant, and they had met the defendant through the horse riding in the horse community in Palatka. Now, Mr. Russo will tell you that sometime around September 13th of 2024, his wife received a call from the defendant. She was crying. She was upset. She was hysterical. So they invited the defendant and her five-year-old daughter to come stay with him that night. She was obviously upset and this couple was concerned for her.
(29:34)
You'll hear that when she arrived, she was upset and they kind of sat down and talked for a little bit, and the defendant told them that she knew Chad Mullen was dead, but he came back. She then said something that really caught their attention. She asked them if she had a right to punish Mr. Mullen if he had touched her daughter.
(30:07)
Now, on September 23rd, 2024, a big break occurred in this case when the ex-boyfriend of the defendant and the father of that five-year-old daughter reached out to Detective Fussell with the Putnam County Police Sheriff's Office, and he told Detective Fussell that he had spoken to the defendant earlier. And during that call, she sounded hysterical and she was crying. She was very upset. This worried him.
(30:37)
He was living in Mr. Waddell, Kent Waddell, the father of the child. He was living in Illinois at that time, and this worried him to the extent that he decided to drive down to Palatka from Illinois to be with her and to make certain that his daughter was safe and well. So he ends up driving down. You hear that he arrives around September 21st of 2024, and he rents a hotel room. And he invited the defendant, and of course their daughter to spend the night with him.
(31:08)
You're going to hear that sometime that week in the 21st, 22nd, 23rd of September, while the defendant was staying with Mr. Waddell in his hotel room, she admits to killing Mr. Mullen. She says that she saw him twice at her stables, she called it Stormy Stables, the stables called Stormy Stables. She saw him twice, and she even gave some details of how she did it. She said that after the first shot, her gun jammed, and as she was unjamming her gun, she said that she could see Mr. Mullen looking at her, staring at her as she was unjamming her gun, and then she shot him again.
(31:54)
Mr. Mullen will tell you that the defendant further admitted that she used one of her horses and help from a friend to drag the body from where she shot him to a pond nearby. She also explained the reason she shot Mr. Mullen because she believed he was abusing their daughter.
(32:18)
Now, during this investigation, you'll hear that Detective Fussell interviewed many people who had connections with the defendant through her horse riding business. One of those people you're going to hear from is a lady by the name of Michelle Roberts. Now, Michelle Roberts had a granddaughter who took riding lessons from the defendant. And on September 9th of 2024, Michelle Roberts was on a cruise and she bought the package that allows you to get phones and receive text messages through the cruise. And she'll tell you that on September 9th, she received a call from the defendant and she sounded upset, very depressed. She didn't sound right.
(33:05)
Now, Michelle Roberts is going to tell you that this concerned her, but she's on a cruise. There's nothing she can do at that moment. She calls her cousin, a person by the name of Tina Marie Ellis, and she asked her cousin, Ms. Ellis, to check on the defendant, see how she's doing. Is she okay?
(33:27)
Now you're going to get phone records, you're going to see phone records from the defendant, and you will see that call that the defendant makes to Michelle Roberts on September 9th, 2024. And then you're going to see calls and texts between the defendant and Ms. Ellis that night on September 9th, 2024.
(33:53)
As this investigation progressed, Detective Fussell, with the help of other investigators, conducted numerous searches of properties and locations sometimes-
Mike Willard (34:00):
... I'm sorry, conducted numerous searches of properties and locations, sometimes with a trained cadaver dog, looking for Mr. Mullen or any evidence of where he might be. You'll hear that they follow up on leads and tips that they received related to this investigation and anything that might lead to where he could be found, where Mr. Mullen could be found. So acting on one of these tips on October 28th, 2024, investigators finally received the biggest break in this case, locating Mr. Mullen's body. On that day, Detective Fussell requested the assistance of a cadaver dog in searching a farm called Byrnes Farm, which was located at 880 Hastings Federal Point Road in Hastings, St. Johns County.
(34:46)
Now, at that location, you'll hear that Detective Fussell met up with several employees. And at a remote area of the farm, there was a very large, very high mound of dirt. Now, this mound of dirt, some of the employees saw this and just felt like, "What's this mound of dirt doing here? It kind of popped up out of nowhere." And you'll hear that the cadaver dog ran or walked around this mound of dirt and nothing alerted at this point. So one of the employees took a skid steer that was nearby the property and started removing dirt little by little. As the dirt's being removed from this large mound, the dog starts to alert. And at some point, it was visible that human remains were showing from the bottom of this dirt. It was kind of a shallow grave. It wasn't dug out deep. It was just kind of a shallow grave with a big mound of dirt.
(35:47)
So as dirt was being removed, a body part started to be exposed. The dog started to alert, and Detective Fussell shut everything down at that moment, and he brought in FDLE and the St. Johns Medical Examiner's Office to come in, complete the removal of the body, to exhume the body, and to conduct the investigation. You'll also learn that Tina Marie Ellis used to work at that property, at Byrnes Farm, and that she knew how to operate the skid steer. Once the body was exhumed, you'll hear testimony evidence that with the body or buried with the body, there's a tarp, blanket, several straps that are similar to the straps used in horse barns or horse stables, netting and a red hook. Now, that red hook is going to be very important later in trial and you'll find out why. Also, there was a cinder block that was tied to one of the limbs of Mr. Mullen's body.
(36:57)
Now, you're going to hear from Dr. Lesnakova. She's the medical examiner with St. Johns County. She's going to testify that when she received the body, she cleaned it, X-rayed it. And then once the body was cleaned and prepared for the autopsy, she observed a hole consistent with a gunshot wound in the upper right shoulder and another hole consistent with the gunshot wound in the upper left arm. Once she conducted the autopsy, she determined that the hole in the upper right shoulder in fact was a gunshot. It went through the chest cavity, perforated the lung, which would've caused hemorrhaging in the lung, and she was able to recover a bullet fragment from the right lung, where the right lung lobe would be, recovered a bullet fragment from that location.
(37:54)
She then determined that the wound to the upper left arm was in fact a gunshot wound as well. It actually fractured or broke the humerus bone in the left arm, entered through the chest cavity, perforated the left lung, and she was able to actually recover two fragments from that bullet, one which would've been in the lung and then one in the muscles of the chest cavity. She determined that both gunshots, both wounds caused the death of Mr. Mullen. Now, as I mentioned earlier, this investigation involved interviewing numerous witnesses and chasing down many leads to solve. You'll learn that one of the more important pieces of evidence in this case are the cell phone records from three people, the defendant, Tina Marie Ellis and Mr. Mullen's.
(38:57)
And during the course of this investigation, Detective Fussell was able to develop their cell phone phone numbers and obtain location data from each phone through the night of the 9th and the 10th and then later dates, and you'll hear why that's important. You'll hear how investigators are able to extrapolate the information from their phone records, the data from their phone records, and they used that data to create maps, which tracked each of these phones throughout the night of September 9th, 2024 and then to the early morning hours of September 10th. So by plotting these data points from the cell records onto maps, it reveals a series of events documenting when and where the murder happened, where the defendant went immediately thereafter, and then it shows when Tina Marie Ellis came on scene to help out.
(39:52)
And when you follow the mapping of these locations, of these three phones, you'll see that sometime around 8:30 p.m. on September 9th, the defendant went to Mr. Mullen's house, picked him up, drove him to her stables located at 465 San Mateo Road, and sometime after 9:30 p.m., she likely shot him. There, she left Mr. Mullins at the property and then she drove to Tina Marie Ellis's house in Satsuma. Later that night, the defendant returns to her address. And sometime after 1:00 a.m. the next morning, the defendant's either transporting Mr. Mullen's body or his phone back to Ms. Ellis's house. And then between 3:00 and 6:00 a.m., you're going to see these phones driving from Ms. Ellis's house to as far east as US-1 and 206 in St. Johns County and then back again. These phones are tracked during a three-hour period of time. We just don't know what they're doing during that three-hour period of time, what the defendant and Ms. Ellis are doing right around 3:00 and 6:00 in the morning on September 10th.
(41:13)
However, on September 12th, the data points from just the defendant's phone and Ms. Ellis' phone reveal another very important event in this case where they both tried to bury and conceal Mr. Mullen's body. The maps will show you that on sometime around 2:00 in the morning on September 12th, again, three days after Mr. Mullen was shot, both phones, the defendants and Ms. Ellis's phones, are signaling at 880 Hastings Federal Point Road, the Byrnes Farm. Their phones stay in the area of that farm from about 2:00 in the morning till 5:00 in the morning. So three hours, their phones are at that farm. And this is the same farm, the same location where Mr. Mullen's body was recovered.
(42:07)
At the conclusion of this trial, it will become clear that the State has proven this case beyond a reasonable doubt that on September 9th, 2024, sometime after 8:30 p.m., this defendant committed first degree murder by shooting and killing Chad Mullen on her property. Then with the assistance of Tina Marie Ellis, three days later on September 12th, she committed the crime of tampering with physical evidence by burying his body at Byrnes Farm. And lastly, she committed the crime of failure to report death with intent to seal or alter the evidence. When it's time to deliberate, after you hear all the evidence and you go through all the testimony and all the physical evidence in this case, we ask that you find the defendant guilty as charged. Thank you.
Judge Alicia Washington (42:58):
[inaudible 00:42:59] defense?
Brian Smith (43:04):
Judge, I would like to reserve my opening until after the State rests.
Judge Alicia Washington (43:08):
Okay. State, you ready to call your first witness?
Mike Willard (43:12):
Yes, Your Honor. State will call Holli Mullen.
Judge Alicia Washington (43:54):
And for the benefit of the jury, Ms. Mullen has already been sworn.
Mike Willard (43:56):
Good morning, ma'am. Will you please state your name for the record?
Holli Mullen (44:20):
Holly Mullen.
Mike Willard (44:22):
And Ms. Mullen, you're a little bit soft-spoken, if I can have you bring... Yeah, a bit closer.
Holli Mullen (44:29):
Holli Mullen.
Mike Willard (44:30):
Okay, thank you. If you need a moment, just let me know, okay? Ms. Mullen, what city do you live in?
Holli Mullen (44:35):
In Jacksonville, Florida.
Mike Willard (44:37):
And do you know Chad Mullen?
Holli Mullen (44:41):
I do.
Mike Willard (44:42):
And how do you know him?
Holli Mullen (44:43):
He's my dad.
Mike Willard (44:47):
Ms. Mullen, did your dad have any unique tattoos on his body?
Holli Mullen (44:50):
He did.
Mike Willard (44:52):
Did he have any unique tattoos on his left arm?
Holli Mullen (44:54):
He did.
Mike Willard (44:55):
And what type of tattoo was that?
Holli Mullen (44:57):
It was a tribal tattoo.
Mike Willard (45:02):
Your Honor, may I approach the witness?
Judge Alicia Washington (45:04):
Yes.
Brian Smith (45:12):
Can we get [inaudible 00:45:13]? Can we get the photo please? Thank you.
Mike Willard (45:19):
Ms. Mullen, I'm going to show you what's been previously marked as State's A and then State's Composite E1 through E2. Can you take a look at these pictures? Ms. Mullen, after looking at those pictures, do you recognize what they purport to show?
Holli Mullen (45:41):
Yes.
Mike Willard (45:43):
And what do those pictures show, Ms. Mullen?
Holli Mullen (45:45):
They show my dad and his tattoo.
Mike Willard (45:47):
Okay. And do those pictures fairly and accurately depict your father and pictures of his tattoo?
Holli Mullen (45:53):
Yes, they do.
Mike Willard (45:55):
Your Honor, at this time, the state wishes to move to evidence State's Exhibits A and Composite E1, E2.
Judge Alicia Washington (46:03):
Any objection?
Brian Smith (46:03):
No objection.
Judge Alicia Washington (46:03):
All right. It'll be so admitted.
Mike Willard (46:40):
Ms. Mullen, is this a picture of your father?
Holli Mullen (46:43):
Yes, it is.
Mike Willard (46:43):
And Ms. Mullen, is this a picture of your father's tattoo on his left arm?
Holli Mullen (46:45):
Yes, it is.
Mike Willard (46:49):
Okay.
(46:49)
And is this just another angle of that tattoo on his left arm?
Holli Mullen (46:53):
Yes, it is.
Mike Willard (47:03):
Okay. Ms. Mullen, back in 2024, where was your dad living?
Holli Mullen (47:06):
He was living on 128 Keystone Road.
Mike Willard (47:10):
And do you know which county that's located in?
Holli Mullen (47:14):
I don't remember, no.
Mike Willard (47:17):
What type of residence was this?
Holli Mullen (47:19):
It was a trailer.
Mike Willard (47:21):
Okay. And was this a fairly large piece of property?
Holli Mullen (47:23):
I would say so.
Mike Willard (47:25):
Did he live with anyone at the time?
Holli Mullen (47:28):
No.
Mike Willard (47:30):
Did he have any pets?
Holli Mullen (47:31):
He did.
Mike Willard (47:32):
What did he have?
Holli Mullen (47:32):
He had two pit bulls.
Mike Willard (47:36):
And how would he characterize his relationship with you?
Holli Mullen (47:39):
I mean, great. We would speak on a weekly basis. I lived about an hour away, so we would talk over the phone mostly, but we would try to see each other as much as we could.
Mike Willard (47:51):
Okay. How often would you see him, just monthly? Was it a couple times a month or once a month?
Holli Mullen (47:56):
I would say so, a couple times a month.
Mike Willard (47:59):
And then how often would you speak to him?
Holli Mullen (48:01):
On a weekly basis.
Mike Willard (48:02):
And was that by phone?
Holli Mullen (48:03):
Yes.
Mike Willard (48:06):
Who's your mom?
Holli Mullen (48:07):
Kelli Stromsoe.
Mike Willard (48:08):
And was your dad and your mom, were they ever married?
Holli Mullen (48:12):
No, they were not.
Mike Willard (48:15):
When they were together, how old were you when they separated?
Holli Mullen (48:23):
I was five, I believe.
Mike Willard (48:23):
Do you know Caylen Deller?
Holli Mullen (48:23):
I do.
Mike Willard (48:24):
And how do you know her?
Holli Mullen (48:25):
She dated my dad.
Mike Willard (48:28):
When did you first meet her?
Holli Mullen (48:30):
I believe I met her at the end of 2023.
Mike Willard (48:35):
Was that about the time they started dating?
Holli Mullen (48:38):
I believe so.
Mike Willard (48:42):
While they were dating, how often would you have contact with her?
Holli Mullen (48:45):
Not often.
Mike Willard (48:47):
Would you ever speak to her?
Holli Mullen (48:49):
I would, yes.
Mike Willard (48:51):
Did they have any children together?
Holli Mullen (48:52):
No.
Mike Willard (48:54):
Now, were you aware if Ms. Deller had a child from a previous relationship?
Holli Mullen (48:58):
I was.
Mike Willard (48:59):
And back in... Have you ever met this child?
Holli Mullen (49:01):
I did.
Mike Willard (49:02):
And was this a boy or girl?
Holli Mullen (49:03):
It was a girl.
Mike Willard (49:04):
And back in 2024, how old would you say this child was?
Holli Mullen (49:09):
I believe she was three or four.
Mike Willard (49:16):
Okay. Now, Ms. Mullen, do you see Ms. Deller in the courtroom today?
Holli Mullen (49:18):
I do.
Mike Willard (49:19):
Will you please point at her and describe what she's wearing?
Holli Mullen (49:21):
She's right there. She's wearing a black blouse.
Mike Willard (49:25):
Okay. She's sitting with counsel table?
Holli Mullen (49:26):
Yes.
Mike Willard (49:27):
Your Honor, may the record reflect the witness has identified the defendant.
Judge Alicia Washington (49:30):
Can we just get a little clarification on the description?
Mike Willard (49:33):
Black blouse with the white undershirt and the red hair with the glasses.
Judge Alicia Washington (49:39):
Record will so reflect.
Mike Willard (49:43):
Now, Ms. Mullen, do you know where the defendant lived back in 2024?
Holli Mullen (49:48):
I did not.
Mike Willard (49:50):
Do you know if she operated a horse farm?
Holli Mullen (49:53):
I do.
Mike Willard (49:53):
Okay. Had you ever visited it?
Holli Mullen (49:55):
I did.
Mike Willard (49:56):
Okay. Do you recall, was it on San Mateo Road?
Holli Mullen (50:01):
I do. It was.
Mike Willard (50:04):
Okay. And that was in Putnam County?
Holli Mullen (50:05):
Yes.
Mike Willard (50:07):
Now, this horse farm that she operated, did it have several stables and was it a large piece of property?
Holli Mullen (50:12):
I would say so.
Mike Willard (50:14):
And was this near the Dunns Creek Preserve?
Holli Mullen (50:16):
I'm not sure. I believe so.
Mike Willard (50:22):
Now, while your father was in a relationship with the defendant in this case, did they spend a lot of time together?
Holli Mullen (50:29):
I'm not too sure, but I would believe so.
Mike Willard (50:32):
How old was your dad in 2024?
Holli Mullen (50:34):
He was 53 or 52.
Mike Willard (50:38):
And how old were you?
Holli Mullen (50:38):
I was 18.
Mike Willard (50:38):
Were you attending high school at the time?
Holli Mullen (50:42):
I was.
Mike Willard (50:45):
Now, in the summer of 2024, specifically around July, was your dad still in relationship with Ms. Deller?
Holli Mullen (50:54):
Yes, I believe so.
Mike Willard (50:57):
Was he trying to end the relationship?
Holli Mullen (50:59):
I think so. That's-
Brian Smith (51:01):
Objection. Speculation.
Judge Alicia Washington (51:03):
Sustained.
Mike Willard (51:06):
Let me ask this. Would you characterize the relationship as kind of an on-again, off-again type relationship?
Holli Mullen (51:14):
I would.
Mike Willard (51:18):
Okay. Now, the summer of 2024, were you and your dad planning a trip to Arizona?
Holli Mullen (51:23):
We were planning a trip to New Mexico.
Mike Willard (51:25):
New Mexico, I'm sorry.
Holli Mullen (51:25):
Yes.
Mike Willard (51:26):
New Mexico. And then what was the reason for this trip?
Holli Mullen (51:31):
For his older brother, Tony Mullen's wedding.
Mike Willard (51:36):
Okay. And is this your uncle?
Holli Mullen (51:38):
It is.
Mike Willard (51:38):
And was this kind of turning into a family reunion?
Holli Mullen (51:41):
I would say so.
Mike Willard (51:42):
Now, were you guys going to fly together and travel together?
Holli Mullen (51:46):
We were.
Mike Willard (51:47):
How did your dad feel about this trip?
Holli Mullen (51:48):
He was extremely excited. We were going to fly out on his birthday, so I think that made him especially as excited as well as seeing his family and his friends.
Mike Willard (51:59):
Do you recall when your dad went missing?
Holli Mullen (52:02):
I do.
Mike Willard (52:05):
What did you notice that concerned you about your father around this time?
Holli Mullen (52:11):
I noticed that everyone else was worried. He wasn't answering my text or calls, and just the grove concern around everybody who loved him. That's what worried me.
Mike Willard (52:22):
When did you last try to contact your dad?
Holli Mullen (52:25):
The last time I tried to contact my dad, I believe it was September 15th maybe.
Mike Willard (52:33):
Did you try to reach out to him by phone?
Holli Mullen (52:35):
Yes.
Mike Willard (52:43):
Do you remember your dad trying to contact you around September 9th or 8th?
Holli Mullen (52:48):
Yes.
Mike Willard (52:48):
And what was the nature of that call?
Holli Mullen (52:50):
He called-
Brian Smith (52:50):
Objection. Speculation.
Judge Alicia Washington (52:54):
I'll overrule the objection.
Mike Willard (52:55):
You may proceed.
Holli Mullen (52:57):
He called me on the 9th to ask for a family friend's phone number because he was a mechanic and his truck had just broken down.
Mike Willard (53:07):
Did he tell you where he was?
Holli Mullen (53:07):
He didn't tell me exactly where he was, other than that he was on the side of the road.
Mike Willard (53:11):
Okay. And this was sometime around September 8th?
Holli Mullen (53:15):
This was on the 9th, yes.
Mike Willard (53:17):
On the 9th.
Holli Mullen (53:17):
Yeah.
Mike Willard (53:21):
Now, the phone that your dad was using in September, was that his phone?
Holli Mullen (53:30):
It was-
Brian Smith (53:30):
Objection. Speculation.
Judge Alicia Washington (53:30):
Can you-
Mike Willard (53:30):
Let me-
Judge Alicia Washington (53:30):
I'll sustain. Can you just-
Mike Willard (53:34):
Yeah, let me rephrase that. Let me ask you this. The phone that your dad was using, do you recall his phone number?
Holli Mullen (53:44):
I don't recall it, but I have a screenshot of the phone number.
Mike Willard (53:48):
Would it be helpful to refresh your memory if you look at your phone?
Holli Mullen (53:51):
It would.
Mike Willard (53:52):
Your Honor, may the witness look at her phone, refresh her memory regarding her dad's phone number?
Judge Alicia Washington (53:58):
Any objection?
Brian Smith (53:58):
No.
Judge Alicia Washington (54:01):
Yes.
Holli Mullen (54:08):
The phone number he was using at the time was 312-933-7943.
Mike Willard (54:16):
And was that the phone number you called sometime around September 9th to speak to your dad?
Holli Mullen (54:20):
Yes.
Mike Willard (54:21):
Or did he call you from that number?
Holli Mullen (54:22):
He called me.
Mike Willard (54:29):
Okay. Now, you mentioned sometime around September 15th, your family members were becoming concerned about your dad's whereabouts?
Holli Mullen (54:36):
Yes.
Mike Willard (54:37):
And do you recall on September 15th, your mom doing something to report your father missing?
Holli Mullen (54:47):
Yes, I believe she called it in-
Brian Smith (54:50):
Objection. Calls for speculation.
Judge Alicia Washington (54:55):
I'll overrule on that.
Mike Willard (54:56):
Let me ask you this. So you said that she called law enforcement?
Holli Mullen (55:03):
She called law enforcement, yes.
Mike Willard (55:05):
And that was September 15th?
Holli Mullen (55:07):
I believe so.
Mike Willard (55:07):
Of 2024?
Holli Mullen (55:08):
Yes.
Mike Willard (55:12):
Now, prior to September 15th and after September 9th, so between September 9th and September 15th, did you attempt to call your father?
Holli Mullen (55:24):
Yes, I believe so.
Mike Willard (55:25):
Do you recall how many times you tried to call your father during those days?
Holli Mullen (55:29):
Maybe once or twice every day. I'm not too entirely sure.
Mike Willard (55:33):
Okay. Did he ever answer?
Holli Mullen (55:35):
He did not.
Mike Willard (55:37):
After you learned he was missing or reported missing on September 15th, did you try to call him again?
Holli Mullen (55:42):
I don't remember.
Mike Willard (55:45):
Okay. Did you ever hear from your father after September 15th?
Holli Mullen (55:49):
I did not.
Mike Willard (55:53):
Did you ever go to his residence after September 15th to check on him?
Holli Mullen (55:59):
I did.
Mike Willard (55:59):
Did you see him?
Holli Mullen (56:00):
I did not.
Mike Willard (56:04):
Did you notice any notes inside his house saying where he might be or anything like that?
Holli Mullen (56:08):
I did not.
Mike Willard (56:12):
Now, may I approach again, Your Honor?
Judge Alicia Washington (56:16):
Okay.
Mike Willard (56:22):
I'm going to show you, Ms. Mullen, what's been marked as State's Exhibit B1. Do you recognize this?
Holli Mullen (56:35):
I do.
Mike Willard (56:35):
And how do you recognize that?
Holli Mullen (56:35):
This is where my dad was living in 2024.
Mike Willard (56:39):
Okay. And is that a fair and accurate aerial view of your father's residence back in 2024?
Holli Mullen (56:45):
I would say so, yes.
Mike Willard (56:48):
Your Honor, at this time, the State would move into evidence State's Exhibit B1.
Judge Alicia Washington (56:52):
Any objections?
Brian Smith (56:54):
No objection.
Judge Alicia Washington (56:54):
Okay, so admit.
Mike Willard (56:58):
And publishing the video, I guess it's only on this camera, on both these three TVs. Okay. Is this picture a fair and accurate depiction of your dad's residence back in September 2024?
Holli Mullen (57:12):
Yes.
Mike Willard (57:12):
And is that 128 Keystone Road?
Holli Mullen (57:24):
Yes.
Mike Willard (57:24):
Nothing further, Your Honor. Thank you.
Judge Alicia Washington (57:25):
All right. And Mr. Smith?
Brian Smith (57:25):
I have no questions.
Judge Alicia Washington (57:25):
All right. Thank you.
Holli Mullen (57:25):
Thank you.
Mike Willard (57:25):
Your Honor, may we approach one moment?
Judge Alicia Washington (01:00:39):
Sure. All right. How's everyone doing? Do you need a mid-morning break now or can we just call the next witness? Call the next witness. All right. State.
Mike Willard (01:00:48):
We would call Kelli Stromsoe.
Judge Alicia Washington (01:00:48):
Okay. And for the benefit of jury, this witness has also been sworn.
Mike Willard (01:01:27):
Ma'am, please state your name for the record.
Kelli Stromsoe (01:01:29):
Kelli Stromsoe.
Mike Willard (01:01:29):
And if you can sit a little closer to that microphone, please. Thank you. Ms. Stromsoe, what city do you live in?
Kelli Stromsoe (01:01:38):
Jacksonville.
Mike Willard (01:01:40):
And how do you know Chad Mullen?
Kelli Stromsoe (01:01:42):
He is the father of my daughter.
Mike Willard (01:01:44):
Is that Holli Mullen?
Kelli Stromsoe (01:01:45):
Yes.
Mike Willard (01:01:45):
Okay. And how long were you in a relationship with him?
Kelli Stromsoe (01:01:49):
Approximately 13 years.
Mike Willard (01:01:51):
Were you ever married to him?
Kelli Stromsoe (01:01:52):
No, sir.
Mike Willard (01:01:59):
After you broke up, did you remain friends with Mr. Mullen?
Kelli Stromsoe (01:02:02):
Yes, sir.
Mike Willard (01:02:04):
Okay. How often would you see or speak?
Kelli Stromsoe (01:02:08):
A couple of times a year, I'd say.
Mike Willard (01:02:12):
And back in 2024, where did Chad live?
Kelli Stromsoe (01:02:16):
In Palatka off of... I think it was Keystone Road.
Mike Willard (01:02:20):
Okay. And did he live with anyone or did he live alone?
Kelli Stromsoe (01:02:25):
I believe he lived by himself.
Mike Willard (01:02:27):
Okay. I'm going to have you speak a little bit or get a little closer to that microphone. Thank you. During 2023 and into 2024, were you aware if Chad Mullen was dating anybody?
Kelli Stromsoe (01:02:37):
Yes, sir.
Mike Willard (01:02:38):
And who was that?
Kelli Stromsoe (01:02:40):
Caylen Deller.
Mike Willard (01:02:41):
Had you ever met her?
Kelli Stromsoe (01:02:45):
No.
Mike Willard (01:02:45):
Did you ever speak to her over the phone?
Kelli Stromsoe (01:02:47):
I have spoken with Caylen [inaudible 01:02:50].
Mike Willard (01:02:52):
Did you ever meet her in person?
Kelli Stromsoe (01:02:55):
I did, yes, sir.
Mike Willard (01:02:56):
Okay. Do you recall when you met her in person?
Kelli Stromsoe (01:02:58):
It was Holli's graduation. Okay.
Mike Willard (01:03:00):
And when was that?
Kelli Stromsoe (01:03:04):
I don't remember the month.
Mike Willard (01:03:06):
Was it in the summer of 2024?
Kelli Stromsoe (01:03:08):
I believe it was the summer of 2024. Yes, sir.
Mike Willard (01:03:12):
Now, do you see the defendant in the courtroom today?
Kelli Stromsoe (01:03:16):
I do.
Mike Willard (01:03:17):
I'm sorry?
Kelli Stromsoe (01:03:18):
I do.
Mike Willard (01:03:18):
Okay. Would you please point at her and describe what she's wearing?
Kelli Stromsoe (01:03:24):
A black blazer with a black and white dress.
Mike Willard (01:03:27):
Okay. And she's sitting at the end of counsel table?
Kelli Stromsoe (01:03:29):
Sitting at the end, yes, sir.
Mike Willard (01:03:31):
May the record reflect the witness has identified the defendant, Your Honor.
Judge Alicia Washington (01:03:34):
The record is so reflect.
Mike Willard (01:03:36):
Now, during the summer of 2024, what did Chad Mullen do for a living?
Kelli Stromsoe (01:03:42):
He was a handyman.
Mike Willard (01:03:46):
And when was the last time you saw Mr. Mullen?
Kelli Stromsoe (01:03:51):
Holli's graduation.
Mike Willard (01:03:52):
Okay. And that was again, summer of 2024?
Kelli Stromsoe (01:03:54):
Yes, sir.
Mike Willard (01:03:56):
And when was the last time you spoke to him on the phone?
Kelli Stromsoe (01:04:02):
I don't recall.
Mike Willard (01:04:03):
Okay. Would that have been in the summer of 2024?
Kelli Stromsoe (01:04:07):
Probably.
Brian Smith (01:04:09):
Objection. Leading.
Judge Alicia Washington (01:04:09):
Sustained.
Mike Willard (01:04:10):
Now, taking you back to September of 2024, do you recall being concerned about Chad Mullen not returning your calls?
Kelli Stromsoe (01:04:20):
Yes, sir.
Mike Willard (01:04:21):
Okay. What alerted you to this issue? What caused your concern?
Kelli Stromsoe (01:04:28):
Well, Holli had mentioned that she-
Brian Smith (01:04:29):
Objection. Hearsay.
Judge Alicia Washington (01:04:29):
I'll sustain. Can counsel approach?
Mike Willard (01:05:21):
Let me rephrase this question. So do you recall in September 2024 becoming concerned about Chad and his whereabouts?
Kelli Stromsoe (01:05:31):
Yes, sir.
Mike Willard (01:05:34):
Okay. Do you recall attempting to contact Mr. Mullen yourself?
Kelli Stromsoe (01:05:38):
Yes, sir.
Mike Willard (01:05:39):
Okay. Do you recall when you last tried to contact him?
Kelli Stromsoe (01:05:44):
I believe it would've been September 15th.
Mike Willard (01:05:48):
Okay. Did you reach him? Were you able to contact Mr. Mullen?
Kelli Stromsoe (01:05:52):
No.
Mike Willard (01:05:53):
What did you do at that point?
Kelli Stromsoe (01:05:57):
I believe I called the sheriff's office and reported him missing.
Mike Willard (01:06:01):
And why did you call the sheriff's department?
Kelli Stromsoe (01:06:03):
Because I received a call from a friend where Chad was-
Brian Smith (01:06:07):
Objection. Calls for-
Mike Willard (01:06:10):
And I don't want you to tell me what anyone said, but was it based on your concerns?
Kelli Stromsoe (01:06:15):
Yes, sir.
Mike Willard (01:06:15):
Okay. And after you contacted, was that Putnam Sheriff's Department?
Kelli Stromsoe (01:06:24):
I don't recall.
Mike Willard (01:06:25):
Okay. But it was the local sheriff's department?
Kelli Stromsoe (01:06:27):
Yes, sir.
Mike Willard (01:06:28):
After you contacted the sheriff's department to report Mr. Mullen missing, what did you do next? Did you do anything to get the word out?
Brian Smith (01:06:38):
Objection. Leading.
Judge Alicia Washington (01:06:38):
Sustained.
Mike Willard (01:06:44):
After you reported Chad Mullen missing, did you take any steps to try to locate him?
Kelli Stromsoe (01:06:53):
We posted some things on social media asking about his whereabouts, if anyone knew.
Mike Willard (01:07:02):
Now, did you ever contact the defendant regarding Mr. Mullen's whereabouts?
Kelli Stromsoe (01:07:10):
I did.
Mike Willard (01:07:11):
Now, did you have the phone number for Ms. Deller?
Kelli Stromsoe (01:07:17):
I do on my phone.
Mike Willard (01:07:19):
Okay. But you had it at that time?
Kelli Stromsoe (01:07:21):
I did.
Mike Willard (01:07:21):
Okay. Do you recall what her phone number was at that time?
Kelli Stromsoe (01:07:25):
I don't.
Mike Willard (01:07:26):
You said it's on your phone?
Kelli Stromsoe (01:07:28):
It is.
Mike Willard (01:07:28):
Would it help refresh your memory if you looked at your phone to look at that phone number?
Kelli Stromsoe (01:07:33):
Yes, sir. Unfortunately, I don't have it.
Mike Willard (01:07:35):
Okay. Where's your phone right now?
Kelli Stromsoe (01:07:38):
I think Michelle may have it.
Mike Willard (01:07:39):
Okay. Will get... One moment, please.
Judge (01:08:00):
Yes.
State's Attorney 1 (01:08:22):
May I approach the witness, Judge?
Judge (01:08:22):
Yes.
Ms. Stromsoe (01:08:22):
Thank you.
State's Attorney 1 (01:08:29):
Yes, ma'am.
(01:08:29)
Your Honor, may the witness refer to her phone to refresh her memory?
Judge (01:08:31):
Yes, sir.
Ms. Stromsoe (01:09:11):
386-466- 4049. Okay.
State's Attorney 1 (01:09:17):
And that was the number that you used to contact Ms. Deller?
Ms. Stromsoe (01:09:21):
Yes, sir.
State's Attorney 1 (01:09:23):
Okay. And when you contacted her, did you reach out through text or through phone call?
Ms. Stromsoe (01:09:29):
I attempted to call her and she didn't answer, so I did send her a text.
State's Attorney 1 (01:09:34):
Okay. And when you sent her a text, did she respond?
Ms. Stromsoe (01:09:38):
She did.
State's Attorney 1 (01:09:38):
Okay. Your Honor, may I approach the witness?
Ms. Stromsoe (01:09:41):
Yes.
State's Attorney 1 (01:09:49):
Ms. Stromsoe, I'm going to show you what's been pre-marked as State's C. Do you recognize this texting exchange?
Ms. Stromsoe (01:09:57):
I do.
State's Attorney 1 (01:09:58):
And is this a text back and forth between you and the defendant?
Ms. Stromsoe (01:10:04):
Yes.
State's Attorney 1 (01:10:05):
And is that a accurate screenshot of the text that you sent and received from Ms. Deller?
Ms. Stromsoe (01:10:14):
It is.
State's Attorney 1 (01:10:14):
And is it fair and accurate?
Ms. Stromsoe (01:10:15):
Yes, sir.
State's Attorney 1 (01:10:16):
Your Honor, at this time, State would move into evidence State's Exhibit C.
Judge (01:10:20):
Any objection?
Attorney Smith (01:10:21):
No objection.
State's Attorney 1 (01:10:31):
And Ms. Stromsoe, if I can refer you to the screen, can you read off your texts and the response from the defendant?
Ms. Stromsoe (01:10:40):
"Hi, Caylen. Can you please call me when you have a chance?"
(01:10:43)
"Hi, I'm running late this morning, but I'm aware everyone's looking for Chad. Still haven't heard from him, but will tell him to contact everyone when I do hear from him."
(01:10:55)
"Why are you not talking to the cops, Caylen? Why are you not helping find him? We're hiring a private investigator. If you know who is responsible, you need to come forward."
(01:11:11)
"I am looking. I've been talking to Crystal, and whoever called my phone is a psycho bro."
(01:11:19)
"Please, if you know anything, tell. Please, we have to find him."
State's Attorney 1 (01:11:25):
And were these texts sent and received between September 15th and September 16th, 2024?
Ms. Stromsoe (01:11:31):
Yes, sir.
State's Attorney 1 (01:11:47):
I have nothing further, Your Honor. Thank you.
Judge (01:11:48):
Mr. Smith?
Attorney Smith (01:11:50):
I have no questions.
Judge (01:11:51):
All right. Thank you.
State's Attorney 2 (01:12:11):
Judge, the next session is about 15 minutes. Do you want to just keep going ahead? Is that good?
Judge (01:12:14):
I'm fine, go ahead.
State's Attorney 2 (01:12:19):
Judge, the state would call Steven Killian.
Judge (01:12:21):
For the benefit of the jury, this witness has been sworn as well.
State's Attorney 2 (01:12:44):
I don't know if Mr. Killian has been sworn yet, Judge. Oh, he was? Okay, I'm sorry. We had another witness that showed up after.
Judge (01:12:51):
Yeah.
State's Attorney 2 (01:12:54):
Good morning, sir. Can you please introduce yourself to the jury and spell your last name?
Steven Killian (01:12:59):
Steven Killian, K-I-L-L-I-A-N.
State's Attorney 2 (01:13:07):
Can you tell us where you live, sir?
Steven Killian (01:13:10):
Yes, I live right in Satsuma, Florida.
State's Attorney 2 (01:13:13):
If I can just get you to talk up a little bit, if you can.
Steven Killian (01:13:16):
Roger. Setsuma, Florida.
State's Attorney 2 (01:13:17):
Yes, sir. How long have you lived down here for, sir?
Steven Killian (01:13:21):
Seven years.
State's Attorney 2 (01:13:22):
Where'd you come from?
Steven Killian (01:13:23):
Philadelphia.
State's Attorney 2 (01:13:25):
What'd you do up there?
Steven Killian (01:13:26):
I was a fireman.
State's Attorney 2 (01:13:28):
Did you know Chad Mullen?
Steven Killian (01:13:30):
Absolutely. Yes, sir.
State's Attorney 2 (01:13:32):
And how did you know Chad?
Steven Killian (01:13:33):
We frequented the local bar together and we were neighbors.
State's Attorney 2 (01:13:39):
So you guys would drink together at the bar and hang out?
Steven Killian (01:13:40):
Hang out and work together on stuff.
State's Attorney 2 (01:13:44):
How long do you think you knew Chad before his death?
Steven Killian (01:13:49):
I would say three or four years.
State's Attorney 2 (01:13:57):
Do you remember where Chad was living back before he was killed?
Steven Killian (01:14:01):
Yes.
State's Attorney 2 (01:14:02):
Where was he living about?
Steven Killian (01:14:04):
He was on Keystone Street, around the corner from me. Okay.
State's Attorney 2 (01:14:11):
What kind of vehicle did Chad drive at the time?
Steven Killian (01:14:14):
A Chevy truck. I believe a 2500 or 3500 Chevy truck.
State's Attorney 2 (01:14:20):
Let me bring your attention now specifically to September 8th of 2024. That was a Sunday. Where were you at that afternoon hours?
Steven Killian (01:14:31):
I was at the bar.
State's Attorney 2 (01:14:33):
What were you doing at the bar?
Steven Killian (01:14:34):
Drinking.
State's Attorney 2 (01:14:35):
Fair enough. Did you receive a call from Chad? Not what he told you, but did you receive a call from Chad?
Steven Killian (01:14:41):
Oh, yes, I did.
State's Attorney 2 (01:14:42):
After receiving a call from Chad, what did you do?
Steven Killian (01:14:45):
I called my girlfriend to get me a ride to go get him because I was too drunk to drive.
State's Attorney 2 (01:14:51):
Did your girlfriend come by the bar and pick you up?
Steven Killian (01:14:53):
Yes, sir.
State's Attorney 2 (01:14:54):
What bar were you at?
Steven Killian (01:14:56):
I was at Rumors Bar and Lounge.
State's Attorney 2 (01:15:00):
Where did you go to meet up with Chad?
Steven Killian (01:15:03):
The McDonald's on 17, all the way up 17.
State's Attorney 2 (01:15:06):
So all the way in Clay County?
Steven Killian (01:15:07):
Yes, sir.
State's Attorney 2 (01:15:08):
Was it Green Cove Springs?
Steven Killian (01:15:09):
I guess that would be the town, yeah.
State's Attorney 2 (01:15:12):
When you arrived there, can you describe the condition of his truck?
Steven Killian (01:15:15):
It was parked up on the grass out front of the McDonald's and all his tools needed to be moved to my truck. So that's what I was doing to get him in the truck.
State's Attorney 2 (01:15:27):
So was his truck out of commission and at that point, it couldn't be fixed?
Steven Killian (01:15:30):
No, couldn't be fixed till the next day.
State's Attorney 2 (01:15:35):
Did y'all have a concern then for his tools, that's why you moved them?
Steven Killian (01:15:38):
Yeah, that's why I came to get his tools in my truck. Yeah.
State's Attorney 2 (01:15:44):
Did Chad drive home with you?
Steven Killian (01:15:45):
Yes.
State's Attorney 2 (01:15:46):
Where did you take him on the 8th, that early evening hour?
Steven Killian (01:15:50):
We dropped him off at his house.
State's Attorney 2 (01:15:54):
On the night of the 8th, did you leave your truck with him?
Steven Killian (01:15:59):
No. Okay.
State's Attorney 2 (01:16:00):
Was there a plan for you to bring the truck back on the morning of the 9th?
Steven Killian (01:16:04):
Yes. Yes.
State's Attorney 2 (01:16:06):
So you dropped Chad off on the 8th-
Steven Killian (01:16:09):
Yeah, I dropped him off. I took his tools with me back to my house and I told him in the morning I would come and get him and he could drop me off so he could go do whatever he had to do. And I believe he had court that morning, so traffic or something.
State's Attorney 2 (01:16:24):
Did you bring your truck to him the early morning hours of the 9th?
Steven Killian (01:16:28):
Of the night? No. The day, the morning.
State's Attorney 2 (01:16:32):
Early morning hours of the 9th. Oh, you went daytime to him?
Steven Killian (01:16:34):
Yeah, in the morning. Yeah.
State's Attorney 2 (01:16:36):
Right. That's what I mean. Early morning hours.
Steven Killian (01:16:37):
Yes.
State's Attorney 2 (01:16:37):
About what time do you think it was?
Steven Killian (01:16:38):
8:00 AM.
State's Attorney 2 (01:16:42):
Okay. When you got there, did you see Chad?
Steven Killian (01:16:45):
Yeah. I got... Yeah.
State's Attorney 2 (01:16:47):
Sure. And he looked fine when you saw him about 8:00 o'clock on the 9th?
Steven Killian (01:16:51):
Yeah.
State's Attorney 2 (01:16:52):
Did you let him take your truck at that time?
Steven Killian (01:16:56):
Yeah. Well, he drove me home and then he took the truck, yes.
State's Attorney 2 (01:17:03):
Sometime later that afternoon, did you receive a phone call from Chad or a text?
Steven Killian (01:17:08):
I called him, yeah, to get the truck. I said, "Are you done? I need the truck for..." We had to feed the horses, so yeah.
State's Attorney 2 (01:17:15):
Did you go back to his residence and pick up the truck in the afternoon of the 9th?
Steven Killian (01:17:20):
Yes, me and my girlfriend went.
State's Attorney 2 (01:17:22):
When you went back the afternoon of the 9th, did you actually have physical contact with Chad?
Steven Killian (01:17:27):
No, we were talking through text. I believe he was in the shower.
State's Attorney 2 (01:17:30):
But during that afternoon when you went to go pick it up, you were having contact with him, just not physical contact, but through a phone?
Steven Killian (01:17:37):
Roger.
State's Attorney 2 (01:17:38):
And you were communicating through the phone number he had at that time?
Steven Killian (01:17:41):
Yes, sir.
State's Attorney 2 (01:17:43):
Do you remember what that number was by any chance?
Steven Killian (01:17:44):
Not offhand.
State's Attorney 2 (01:17:45):
Okay. When you went to his residence, did he just leave the keys in the truck or how did-
Steven Killian (01:17:56):
Yeah, you could see that he had taken all the tools out and put them on the side of the house and left the keys in the truck, and I dropped his cigarettes on the lawnmower for him.
State's Attorney 2 (01:18:09):
After you left there that day, did you ever hear from Chad again?
Steven Killian (01:18:13):
No.
State's Attorney 2 (01:18:22):
Let's fast-forward now to maybe April of 2025. Did somehow you and your girlfriend start taking care of Stormy's Stables?
Steven Killian (01:18:34):
Yes. We had our own horses, and it's right around the corner, became available for rent. So it was a lot of work to clean out, but we went over there and rented it for our horses as well, yes.
State's Attorney 2 (01:18:48):
Can you describe what kind of location it is for the jury?
Steven Killian (01:18:52):
It is on the side of a trailer park, and it is a big area with a lot of green grass and it has two different barns and a workshop in the front.
State's Attorney 2 (01:19:11):
May I approach the witness, Judge?
Judge (01:19:13):
Yes.
State's Attorney 2 (01:19:13):
I'm going to show you what's marked as J1. Can you take a moment and look at this aerial?
Steven Killian (01:19:18):
Yes, sir.
State's Attorney 2 (01:19:19):
Do you recognize that, sir?
Steven Killian (01:19:19):
Absolutely.
State's Attorney 2 (01:19:20):
Is that a fair and accurate depiction of an aerial of that location?
Steven Killian (01:19:23):
Absolutely.
State's Attorney 2 (01:19:24):
Anything seem to be changed or altered?
Steven Killian (01:19:26):
No.
State's Attorney 2 (01:19:26):
Okay. Thank you, sir. At this time, Judge, the state would move in J.
Judge (01:19:29):
All right. Any objection?
Attorney Smith (01:19:35):
No objection.
State's Attorney 2 (01:19:35):
Sorry about that.
Judge (01:19:35):
Is that number 5?
Speaker 7 (01:19:35):
Yes.
State's Attorney 2 (01:19:35):
Judge, may I publish?
Judge (01:19:43):
Sure.
State's Attorney 2 (01:19:53):
And sir, I'm going to be showing you what's State's 5. Is this an aerial of Stormy's Stables?
Steven Killian (01:20:00):
Roger.
State's Attorney 2 (01:20:01):
May I have the witness step down for a moment, Judge?
Judge (01:20:02):
Yes.
State's Attorney 2 (01:20:03):
Sir, can I have you step over here and maybe point out for the jury? So obviously the location is 465... If you could orient yourself so they could see you.
Steven Killian (01:20:11):
Oh, I'm sorry.
State's Attorney 2 (01:20:12):
You're fine. You're good. I'm going to put you right there.
Steven Killian (01:20:13):
Yes, sir.
State's Attorney 2 (01:20:14):
465 San Mateo Road. Is that the address?
Steven Killian (01:20:16):
Roger.
State's Attorney 2 (01:20:17):
Okay. Is that a yes?
Steven Killian (01:20:18):
Yes, sir.
State's Attorney 2 (01:20:19):
I know what roger means.
Steven Killian (01:20:20):
I'm sorry.
State's Attorney 2 (01:20:20):
You're good. Can you point out what you were describing as located on the property?
Steven Killian (01:20:25):
Okay. So when you first pull in, this is a workshop that isn't part of the stables, but when you go through here, this is a little barn where there's a few stables in there now, and then this is the main barn with all the stables in the front and the back. Now they're in here. And then this is the pasture where all the horses would hang out in the ponds that they would drink out of.
State's Attorney 2 (01:20:50):
Okay. So if we take you back to April 2025, who was helping maintain this place along with you?
Steven Killian (01:21:01):
My girlfriend.
State's Attorney 2 (01:21:01):
And what's her name, sir?
Steven Killian (01:21:02):
Daniella.
State's Attorney 2 (01:21:03):
Okay. Did there come a time where in April 2025 Daniela brought your attention to something?
Steven Killian (01:21:12):
Yes. We were cleaning up. There was a massive effort to clean the place out, and behind this building here, laying up against the wall was two cards, and I recognized them because I was there when we got them. They were Chad's ID and his debit card.
State's Attorney 2 (01:21:33):
And just for, in State's 5, you're talking about right there. Is that the location you found it?
Steven Killian (01:21:39):
Right behind. Yep. Right behind this building right against the wall.
State's Attorney 2 (01:21:42):
Okay. Thank you. I can have you sit back down, sir.
(01:21:43)
May I approach the witness, Judge?
Judge (01:21:53):
Yes.
State's Attorney 2 (01:21:53):
I'm going to approach and show you what's marked as State's F. If you can take a moment and look at this composite.
Steven Killian (01:22:06):
Yep.
State's Attorney 2 (01:22:07):
Do you recognize these, the driver's license and the credit card?
Steven Killian (01:22:12):
Yes, sir.
State's Attorney 2 (01:22:13):
Are they a fair and accurate depiction of what you found that day?
Steven Killian (01:22:16):
Yes, sir.
State's Attorney 2 (01:22:17):
Outside of them being mounted on a board with yellow manila envelope and they're in plastic, anything else changed or altered?
Steven Killian (01:22:24):
No, sir.
State's Attorney 2 (01:22:25):
Judge, at this time, the state would move in State's F as the next exhibit.
Judge (01:22:27):
Any objection?
Attorney Smith (01:22:27):
No objection.
Judge (01:22:27):
All right. Admitted as State's 6.
State's Attorney 2 (01:22:27):
And I'm going to... May I have the witness step down, Judge?
Judge (01:22:36):
Yes.
State's Attorney 2 (01:22:36):
I can just have you step right here, sir. If we can, this is State's 6. Can you point out what this is that you found?
Steven Killian (01:22:44):
This is Chad Mullen's driver's license.
State's Attorney 2 (01:22:46):
Okay. And were you with Chad when you actually got this driver's license?
Steven Killian (01:22:49):
Yes.
State's Attorney 2 (01:22:50):
Yes. Was that at the end of July in 2024?
Steven Killian (01:22:51):
I believe so. Whatever the date is on there. Yeah, I believe so. Yes, sir.
State's Attorney 2 (01:22:51):
Okay. And this credit card also, you've seen Chad with this before too?
Steven Killian (01:23:00):
Yeah, I was there when he got it.
State's Attorney 2 (01:23:01):
Okay. Both these items, they were located behind the-
Steven Killian (01:23:06):
Leaning up against the building. Yep, right behind the building.
State's Attorney 2 (01:23:08):
Okay. And when Chad didn't have his driver's license previously, he wanted you to go with him to get a replacement?
Steven Killian (01:23:18):
Roger. Yes, sir.
State's Attorney 2 (01:23:19):
Okay. Thank you, sir.
Steven Killian (01:23:20):
Yes, sir.
State's Attorney 2 (01:23:35):
Did you collect the credit card and the driver's license? Did you pick them up?
Steven Killian (01:23:42):
Yes, sir. Okay.
State's Attorney 2 (01:23:43):
And what did you do with them?
Steven Killian (01:23:45):
I first called, messaged Chad's daughter. And then I realized that maybe they were evidence, so I called the detective.
State's Attorney 2 (01:23:54):
Detective Fussell?
Steven Killian (01:23:55):
Roger. Yes, sir. I believe that's his name.
State's Attorney 2 (01:23:57):
Sorry. No worries. Did you turn those items over to Detective Fussell?
Steven Killian (01:24:00):
That day, yes, sir.
State's Attorney 2 (01:24:01):
Okay. And that would've been April 9th, 2025?
Steven Killian (01:24:06):
Yes, sir.
State's Attorney 2 (01:24:11):
May I have just a moment, Judge?
Judge (01:24:13):
Yes.
State's Attorney 2 (01:24:19):
No further questions, Judge.
Judge (01:24:20):
All right. And Mr. Smith?
Attorney Smith (01:24:30):
I have no questions for Mr. Killian.
Judge (01:24:30):
What did you say?
Attorney Smith (01:24:31):
I said I have no questions for Mr. Killian.
Judge (01:24:31):
Oh, okay. All right. Thank you so much.
Steven Killian (01:24:33):
Thank you.
Judge (01:24:35):
All right. So we'll go ahead and take our first mid-morning break here. Leave your notepads down on your chair, and then the deputy will retrieve them.
Judge (01:42:23):
All right, everyone can be seated. I just did that to make sure everyone's alert today. All right, before we get started here, would the state and defense approach real quick. I'm sorry.
(01:42:32)
All right. And state ready to call your next witness.
Mr. Willard (01:43:57):
State would call Steven Williams.
Speaker 10 (01:44:11):
This way, please.
Judge (01:44:19):
All right. And Madam Clerk, I will need you to swear this witness. Just right up here.
Steven Williams (01:44:20):
Here.
Speaker 8 (01:44:20):
Can you raise your right hand for me?
Steven Williams (01:44:20):
Oh, sorry.
Speaker 8 (01:44:31):
Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, the whole truth, nothing but the truth, so help you God?
Steven Williams (01:44:32):
Yes.
Speaker 8 (01:44:32):
Thank you.
Mr. Willard (01:44:32):
Good morning, sir.
Steven Williams (01:44:32):
Good morning.
Mr. Willard (01:44:40):
Can you please state your name for the record?
Steven Williams (01:44:41):
Steven Williams.
Mr. Willard (01:44:42):
And Mr. Williams, in which city do you live?
Steven Williams (01:44:44):
Middleburg, Florida.
Mr. Willard (01:44:46):
And what is your address?
Steven Williams (01:44:48):
4055 Lazy Acres Road, Middleburg.
Mr. Willard (01:44:52):
And what do you do for a living?
Steven Williams (01:44:53):
I'm an insurance adjuster.
Mr. Willard (01:44:56):
Did you know Chad Mullen?
Steven Williams (01:44:57):
I did.
Mr. Willard (01:44:58):
And how long had you known him?
Steven Williams (01:45:00):
Probably 16, 18 years.
Mr. Willard (01:45:03):
And how would you characterize your relationship with him?
Steven Williams (01:45:06):
He was a friend.
Mr. Willard (01:45:07):
How often would you see him or spend time with him?
Steven Williams (01:45:11):
On a regular basis, probably several times a week maybe.
Mr. Willard (01:45:14):
How did you first meet him?
Steven Williams (01:45:16):
He was friends with my next door neighbors when we moved to Middleburg. We met him at a neighbor's house next door. Mutual-
Mr. Willard (01:45:24):
And as you got to know him, did you know if he was skilled, or had skills in anything?
Steven Williams (01:45:29):
Yeah. Construction.
Mr. Willard (01:45:30):
And what was he skilled [inaudible 01:45:32]?
Steven Williams (01:45:31):
He was in construction, handyman type stuff.
Mr. Willard (01:45:35):
In fact, did you even hire him to perform some work around your house?
Steven Williams (01:45:38):
Several times.
Mr. Willard (01:45:40):
Do you recall sometime around early September of 2024, Mr. Mullen was having issues with his phone?
Steven Williams (01:45:47):
Yes.
Mr. Willard (01:45:47):
Okay. And when you learned of this, what did you do?
Steven Williams (01:45:52):
I had a spare work phone that I use for when I travel, and I loaned him that so we could be in contact for the job he was helping me with.
Mr. Willard (01:46:01):
And do you recall what type of phone you loaned him?
Steven Williams (01:46:03):
iPhone 11.
Mr. Willard (01:46:05):
And do you recall approximately when you loaned him the phone?
Steven Williams (01:46:08):
Early September.
Mr. Willard (01:46:10):
And do you recall what the phone number was?
Steven Williams (01:46:11):
312-933-7943.
Mr. Willard (01:46:16):
And what was the carrier?
Steven Williams (01:46:19):
T-Mobile.
Mr. Willard (01:46:24):
Your Honor, at this time, the state would introduce into evidence the T-Mobile records for Chad Mullen as a business record. Notice was previously provided.
Judge (01:46:42):
All right. Any objection?
Speaker 9 (01:46:42):
No objection.
Judge (01:46:42):
All right. It'll be admitted as State's 7.
Mr. Willard (01:47:06):
And may I approach the witness, Your Honor?
Judge (01:47:07):
Yes.
Mr. Willard (01:47:13):
Okay. And Mr. Williams, I'm going to show you, on State's 7, if you can take a look at the subscriber information. Do you see this front page, the subscriber information for the T-Mobile?
Steven Williams (01:47:27):
Yes, sir.
Mr. Willard (01:47:28):
And does that front page, that subscriber information, does that list the phone number for the phone?
Steven Williams (01:47:36):
It does.
Mr. Willard (01:47:37):
Okay. And then does that list you as the subscriber?
Steven Williams (01:47:40):
It does.
Mr. Willard (01:47:41):
And does that list your 4055 Lazy Acres Road, Middleburg, Florida as the residence?
Steven Williams (01:47:47):
Yes, sir.
Mr. Willard (01:47:47):
And does it indicate that the phone line was active, or was active at the time these records were requested?
Steven Williams (01:47:56):
Yes.
Mr. Willard (01:47:57):
And does it indicate that the effective date began on January 26th, 2021?
Steven Williams (01:48:03):
It does.
Mr. Willard (01:48:29):
When you had loaned Mr. Mullen your phone sometime in early September of 2024, was that the last time you saw Mr. Mullen?
Steven Williams (01:48:37):
No, I saw him a few times probably after that.
Mr. Willard (01:48:42):
When was the last time you spoke to him?
Steven Williams (01:48:45):
I believe it was probably around September 9th, somewhere around in there.
Mr. Willard (01:48:51):
And was that for a phone call?
Steven Williams (01:48:54):
Yeah.
Mr. Willard (01:48:54):
Okay. Did Chad ask you to do something for him?
Speaker 9 (01:49:04):
Objection, calls for hearsay.
Judge (01:49:07):
Sustained.
Mr. Willard (01:49:10):
Let me do this. So when you talked to him, what was it around? Do you believe it was September 9th or it could have been a day earlier?
Steven Williams (01:49:25):
It could have been a day earlier.
Judge (01:49:27):
Sustained.
Mr. Willard (01:49:27):
Okay. After... Did he reach out to you or did you reach out to him?
Steven Williams (01:49:33):
He had reached out to me. He drove up-
Mr. Willard (01:49:34):
Don't tell me what he said.
Steven Williams (01:49:34):
Oh, sorry.
Mr. Willard (01:49:37):
He reached out to you? Okay. And after that call that he reached out to you, did you call him back or call him afterwards?
Steven Williams (01:49:51):
I did.
Mr. Willard (01:49:51):
And did he ever answer that phone call?
Steven Williams (01:49:53):
No.
Mr. Willard (01:49:55):
At some point, did you learn Mr. Mullen was missing?
Steven Williams (01:49:57):
Yes.
Mr. Willard (01:49:57):
Okay. When did you learn this?
Steven Williams (01:50:01):
Probably around maybe the 11th.
Mr. Willard (01:50:04):
Okay. Of September?
Steven Williams (01:50:05):
September, sorry.
Mr. Willard (01:50:07):
Now, are you familiar with something called the Find My Phone app?
Steven Williams (01:50:11):
Yes, sir.
Mr. Willard (01:50:11):
And what is it?
Steven Williams (01:50:13):
It's an app on Apple products where you can locate other devices that you have.
Mr. Willard (01:50:19):
Okay. And did, the phone that you loaned Mr. Mullen, did it have this app-
Steven Williams (01:50:25):
It did.
Mr. Willard (01:50:26):
... already on it?
Steven Williams (01:50:27):
Yeah, I think it comes-
Mr. Willard (01:50:28):
Were you able to track that phone using your phone?
Steven Williams (01:50:31):
Yes.
Mr. Willard (01:50:39):
And did that app that was on Mr. Mullen's phone, did that allow you to access where his phone was?
Steven Williams (01:50:48):
It gave me the last location that it, I guess, was in service or pinged or whatever, however it works.
Mr. Willard (01:50:54):
And then when you found out, or when you learned, that Mr. Mullen was missing, did you try to locate that phone that you gave Mr. Mullen?
Steven Williams (01:51:02):
I did.
Mr. Willard (01:51:04):
And did you use that Find My Phone app?
Steven Williams (01:51:07):
I did.
Mr. Willard (01:51:07):
And once you accessed that app, did it create a map?
Steven Williams (01:51:12):
Yeah, it shows on a map where the dot is where the phone was.
Mr. Willard (01:51:18):
And where that last pinging, or last indication, of that phone, that map that was created, did you, or were you able to, screenshot that map?
Steven Williams (01:51:26):
I was.
Mr. Willard (01:51:28):
And did you provide that to law enforcement?
Steven Williams (01:51:30):
I did.
Mr. Willard (01:51:38):
May I approach again, Your Honor?
Judge (01:51:39):
Yes.
Mr. Willard (01:51:39):
I'm going to show you what's been previously marked as State's G. G. Would you please take a look at this item? And do you recognize it?
Steven Williams (01:51:51):
I do.
Mr. Willard (01:51:52):
How do you recognize it?
Steven Williams (01:51:54):
Well, it shows the iPhone and the address where it was located at.
Mr. Willard (01:51:59):
Okay. And that was the Find My Phone app that located the last pinging or last location data for the phone you loaned Chad?
Steven Williams (01:52:07):
Correct.
Speaker 9 (01:52:07):
Objection, leading.
Judge (01:52:09):
Sustained.
Mr. Willard (01:52:11):
That item, is that a fair and accurate recording or screen capture of the map that the Find My Phone app created?
Steven Williams (01:52:23):
Yes.
Mr. Willard (01:52:23):
And that's what you provided to law enforcement?
Steven Williams (01:52:25):
It is.
Mr. Willard (01:52:26):
May I have that please? Thank you. Your Honor, at this time, State would move into evidence State's G.
Judge (01:52:29):
Any objection?
Speaker 9 (01:52:29):
No objection.
Judge (01:52:30):
Be admitted as State's 8. Are you seeking to publish it?
Mr. Willard (01:52:41):
Yes, Your Honor. [inaudible 01:52:47]. Mr. Williams, if I can direct your attention to the screen. Is this the screen capture that you provided to law enforcement?
Steven Williams (01:53:09):
Yes, sir.
Mr. Willard (01:53:10):
And Mr. Williams, can you tell us where the phone you loaned Chad Mullen's was last pinged?
Steven Williams (01:53:17):
465 San Mateo Road.
Mr. Willard (01:53:21):
Now, are you familiar with this address?
Steven Williams (01:53:24):
I've never been there, but I understand there was a horse farm there.
Mr. Willard (01:53:28):
Okay. And what is the date that that phone last pinged?
Steven Williams (01:53:33):
September 10th, 2024.
Mr. Willard (01:53:39):
And the time?
Steven Williams (01:53:42):
1:13 PM, sorry.
Mr. Willard (01:53:45):
Now, do you know the defendant in this case?
Steven Williams (01:53:49):
I mean, I've met her several times, yes.
Mr. Willard (01:53:54):
Okay. And back in September of 2024, do you know what type of business she operated?
Steven Williams (01:53:57):
Something to do with horses and horse rides, or something like that.
Mr. Willard (01:54:01):
And do you know where she operated that business out of?
Steven Williams (01:54:04):
It's my understanding at 465 San Mateo.
Mr. Willard (01:54:08):
Okay. Thank you, Your Honor. Nothing further.
Judge (01:54:12):
All right. Defense, you may cross.
Speaker 9 (01:54:22):
Mr. Williams, you would say that Caylen and Chad had an on-again, off-again relationship, right?
Steven Williams (01:54:29):
Yes.
Speaker 9 (01:54:30):
And this phone that you loaned Chad, that was like an extra work phone you had?
Steven Williams (01:54:36):
Yes.
Speaker 9 (01:54:36):
Because you would do work up in the Midwest?
Steven Williams (01:54:39):
Yes.
Speaker 9 (01:54:39):
Illinois area?
Steven Williams (01:54:41):
Indiana, Illinois, all the Midwest states.
Speaker 9 (01:54:44):
And this phone number was actually, I think, an Illinois number, right?
Steven Williams (01:54:48):
I believe it's Chicago area.
Speaker 9 (01:54:53):
So this wasn't a phone where Chad put his own SIM card and then his number was on it?
Steven Williams (01:54:58):
No.
Speaker 9 (01:54:58):
This was your number?
Steven Williams (01:55:00):
My number.
Speaker 9 (01:55:01):
So in order for somebody else to get that number, he'd have to give it out?
Steven Williams (01:55:06):
Yes.
Speaker 9 (01:55:10):
And you never gave that number to Caylen, did you?
Steven Williams (01:55:12):
No.
Speaker 9 (01:55:14):
I have no other questions.
Judge (01:55:16):
All right. Any redirect?
Mr. Willard (01:55:22):
Nothing further, Your Honor. Thank you.
Judge (01:55:24):
Thank you, sir. Thank you. [inaudible 01:55:57].
Sergeant Chaz Kofler (01:55:26):
Sergeant Chaz Kofler.
Judge (01:56:00):
And then, he was not here this... No, he was here.
Sergeant Chaz Kofler (01:56:02):
Yes, ma'am, I was.
Judge (01:56:03):
Yeah. All right. So this witness has already been sworn in. Mr. Lewis, if you could just state for the record the name of the witness that you're calling.
Mr. Lewis (01:56:12):
Yes. We're calling Chaz Kofler.
Judge (01:57:17):
Thank you.
Mr. Lewis (01:57:20):
One of those days. Good morning, sir. How are you doing?
Sergeant Chaz Kofler (01:57:21):
Doing okay.
Mr. Lewis (01:57:22):
Good. Can you introduce yourself to the jury? Spell your last name.
Sergeant Chaz Kofler (01:57:25):
I'm Sergeant Chaz Kofler. Last name spelling K-O-F-L-E-R.
Mr. Lewis (01:57:30):
Where do you work, sir?
Sergeant Chaz Kofler (01:57:30):
Putnam County Sheriff's Office.
Mr. Lewis (01:57:32):
What do you do there?
Sergeant Chaz Kofler (01:57:34):
As of right now, I'm a sergeant in the school resource program.
Mr. Lewis (01:57:39):
Back in 2024 in September, what were you doing, sir?
Sergeant Chaz Kofler (01:57:43):
I was a sergeant for patrol for the East District.
Mr. Lewis (01:57:47):
Let me bring your attention now to September 15th, 2024. Were you working that day, sir?
Sergeant Chaz Kofler (01:57:52):
Yes, sir.
Mr. Lewis (01:57:53):
Were you asked to respond anywhere?
Sergeant Chaz Kofler (01:57:55):
Yes.
Mr. Lewis (01:57:56):
Where did you respond to and what was the purpose of going to that location?
Sergeant Chaz Kofler (01:58:00):
It was 465 San Mateo Road. It was Stormy Stables. I was contacted by a deputy to see if I could go and try and make contact with Chad Mullen.
Mr. Lewis (01:58:13):
May I have the exhibit up, Judge? I'll show you what's been entered into evidence as State's 5 already. So I'm just showing you what's in evidence as State's 5. Is this the location you went to, to look for-
Sergeant Chaz Kofler (01:58:35):
Yes, sir.
Mr. Lewis (01:58:36):
Okay. When you arrived there, were you able to locate Chad Mullen?
Sergeant Chaz Kofler (01:58:40):
No.
Mr. Lewis (01:58:41):
Okay. Did you locate anybody else there?
Sergeant Chaz Kofler (01:58:44):
No, sir.
Mr. Lewis (01:58:44):
Okay. So when you went there, there was no other humans present at that time?
Sergeant Chaz Kofler (01:58:47):
No, sir.
Mr. Lewis (01:58:49):
No further questions, Judge.
Speaker 9 (01:58:53):
I have no questions.
Judge (01:58:54):
All right. Thank you.
Mr. Lewis (01:59:06):
Judge, the state would call Detective Mark Stroger. [inaudible 01:59:48].
Mr. Willard (01:59:09):
This is Stroger, right? [inaudible 01:59:55].
Mark Stroger (01:59:09):
Morning, everybody.
Judge (01:59:09):
All right. And for the benefit of the jury, this witness has been sworn.
Mr. Lewis (01:59:09):
Okay to begin, Judge?
Judge (01:59:09):
Yes.
Mr. Lewis (02:00:44):
Thank you, ma'am. Good morning, sir.
Mark Stroger (02:00:44):
Morning, sir.
Mr. Lewis (02:00:46):
Can you please introduce yourself to the jury? Spell your last name.
Mark Stroger (02:00:49):
My name is Mark Stroger. My last name is spelled S-T-R-O-G-E-R. I've been employed with the Putnam County Sheriff's Office for roughly 20 years. I've worked as a patrol deputy. I've spent probably 12 years in the detective division doing property crimes investigations, child abuse investigations, sex offender investigations, predator investigations. And I'm currently the evidence custodian at the sheriff's office, and I've been there, I believe, about four years right now.
Mr. Lewis (02:01:21):
Back in 2024, you were in the evidence custodian department still?
Mark Stroger (02:01:25):
Yes, sir.
Mr. Lewis (02:01:26):
Okay. As part of your responsibilities, do you respond out to crime scenes?
Mark Stroger (02:01:30):
Yes, sir.
Mr. Lewis (02:01:31):
Do you sometimes document those with photographs?
Mark Stroger (02:01:34):
Yes, sir, I do.
Mr. Lewis (02:01:35):
Do you also sometimes collect evidence?
Mark Stroger (02:01:36):
Yes, sir.
Mr. Lewis (02:01:37):
Okay. Also, once the evidence is collected, are you responsible for keeping track of it, making sure it's [inaudible 02:01:44]?
Mark Stroger (02:01:44):
Yes.
Mr. Lewis (02:01:45):
I'm going to approach and show you what's marked as State's QQ. May I approach the witness, Judge?
Judge (02:02:07):
Yes, sir.
Mr. Lewis (02:02:08):
I'm going to show you what's marked as QQ. Can you take a moment and look at that, sir? Do you recognize that?
Mark Stroger (02:02:16):
Yes, sir.
Mr. Lewis (02:02:18):
Is that a fair and accurate depiction of an aerial of certain portions of Putnam County and St. John's County?
Mark Stroger (02:02:24):
Yes, sir, it is.
Mr. Lewis (02:02:25):
Does it also have certain locations relevant to this case there?
Mark Stroger (02:02:30):
It does.
Mr. Lewis (02:02:31):
Are those locations in the proper location on the map?
Mark Stroger (02:02:34):
They are.
Mr. Lewis (02:02:34):
Anything seem to be changed or altered?
Mark Stroger (02:02:36):
No, sir.
Mr. Lewis (02:02:37):
Judge, at this time, the state would move in QQ.
Judge (02:02:39):
Any objection?
Speaker 9 (02:02:41):
No objection.
Judge (02:02:42):
All right, it will be introduced as State's 9.
Mr. Lewis (02:02:45):
Was that nine, Judge?
Judge (02:02:46):
Yes.
Mr. Lewis (02:02:46):
Thank you, ma'am.
Judge (02:02:46):
Right, Madam Clerk?
Speaker 8 (02:02:48):
Yes.
Judge (02:02:48):
Yes.
Mr. Lewis (02:02:57):
I'm going to show you what is marked as State's 9, Detective. Do you mind stepping down for a moment?
Mark Stroger (02:03:05):
Sure.
Mr. Lewis (02:03:06):
Can I have the witness step down, Judge. If you can, can you just tell us what we're looking at here, orient everybody. And then we'll point out some specific locations?
Mark Stroger (02:03:13):
Sure. If we start here, 128 Keystone Road is off of Bardin Road. That is where Mr. Mullen was previously residing at. Down here at 131 Pine Street is the residence of Tina Lee-Ellis, and here's 465 San Mateo Road. That would've been Stormy Stables. And over here at 880 Hastings Federal Point Road is where we recovered the body of Mr. Mullen.
Mr. Lewis (02:03:43):
And if I can just ask overall.
Mark Stroger (02:03:44):
Yes, sir.
Mr. Lewis (02:03:45):
You're fine. So this portion is basically like Putnam County, and then as you slide this way, we're moving towards St. Johns?
Mark Stroger (02:03:51):
Yes. We're over in St. John's County, right on the county line of this area right over here.
Mr. Lewis (02:03:55):
Okay, great. Thank you, sir. Appreciate it. You can hold onto that for a little.
Mark Stroger (02:03:58):
Okay.
Mr. Lewis (02:03:58):
I'm going to approach and show you what's marked as State's PP. Can I approach the witness again, Judge?
Judge (02:04:25):
Yes.
Mr. Lewis (02:04:25):
I'm going to show you PP, sir. You can take a moment and look at those two for me, sir. Thank you. Do you recognize those, sir?
Mark Stroger (02:04:46):
Yes, sir.
Mr. Lewis (02:04:48):
Are those fair and accurate depictions of a closer up of the map we were just talking about?
Mark Stroger (02:04:52):
Yes, sir. Of Tina Lee-Ellis'?
Mr. Lewis (02:04:54):
Of Tina Marie Lee-Ellis', and also of where Caylen Deller's-
Mark Stroger (02:04:58):
[inaudible 02:04:59] located right down the road here.
Mr. Lewis (02:04:59):
Correct, where Stormy Stables is. Okay. Anything seem to be altered or changed about these?
Mark Stroger (02:05:02):
No, sir.
Mr. Lewis (02:05:03):
Okay. Are they a fair and accurate depiction of aerials from that?
Mark Stroger (02:05:07):
They are.
Mr. Lewis (02:05:08):
Judge, at this time, the state would move in State's PP.
Judge (02:05:11):
Any objection?
Speaker 9 (02:05:12):
No objection.
Judge (02:05:12):
Be admitted as State's 10.
Mr. Lewis (02:05:29):
And I'm going to have you just step out one more time when State's 10 comes up.
Mark Stroger (02:05:32):
Sure.
Mr. Lewis (02:05:32):
If you could just describe closer up what we're looking at right there.
Mark Stroger (02:05:40):
We have Stormy Stables over here located in this area right here, and we have Tina Ellis's residence right here.
Mr. Lewis (02:05:50):
Okay. And then-
Mark Stroger (02:05:51):
Just north of Dunns Creek.
Mr. Lewis (02:05:51):
You can stay [inaudible 02:05:59].
Mark Stroger (02:05:51):
Okay.
Mr. Lewis (02:06:19):
And this is the second part of 10, 10B. You can just... Maybe.
Judge (02:06:55):
I don't know if it disconnected it [inaudible 02:06:58].
Mr. Lewis (02:06:58):
Can you switch back from Zoom back to this again one more time? Just hit Zoom and then this.
Judge (02:07:01):
[inaudible 02:07:08].
Mr. Lewis (02:07:12):
Okay.
Judge (02:07:44):
He said, "Make sure your PC is not on the screen share."
Mr. Lewis (02:08:42):
It is. That's a different one. Okay. Can you look at that for a second and see-
Mark Stroger (02:09:18):
Yes, sir.
Mr. Lewis (02:09:18):
Can you describe what we're looking at right there?
Mark Stroger (02:09:20):
We are looking at Ms. Ellis's property right here, 131 Pine Street.
Mr. Lewis (02:09:26):
Excellent. Thank you, sir. Can I have you sit back down?
Mark Stroger (02:09:28):
Sure can.
Mr. Lewis (02:09:37):
If I can bring your attention to September 25th, 2024. Were you working that day, sir?
Mark Stroger (02:09:43):
Yes, sir, I was.
Mr. Lewis (02:09:44):
Were you asked to respond to the Stormy Stables at the 465 San Mateo Road with a-
Mark Stroger (02:09:57):
Yes, sir.
Mr. Lewis (02:09:57):
... search warrant?
Mark Stroger (02:09:57):
I was.
Mr. Lewis (02:09:57):
Okay.
Mark Stroger (02:09:57):
Yes.
Mr. Lewis (02:09:57):
And was FDLE there assisting you also with that?
Mark Stroger (02:09:59):
Not on that date. I believe FDLE was there September 20th.
Mr. Lewis (02:10:03):
Okay.
Mark Stroger (02:10:06):
They were out there. I wasn't there for that search warrant there. September 25th, I came out there to process a vehicle. Okay.
Mr. Lewis (02:10:15):
Let's fast-forward then to... If we can go to... Did you attend the autopsy, sir?
Mark Stroger (02:10:24):
Yes, sir, I did.
Mr. Lewis (02:10:51):
May I approach the witness, Judge?
Judge (02:10:55):
Yes.
Mr. Lewis (02:10:55):
I'm going to approach you and show you what's marked as MM. Do you recognize this, sir?
Mark Stroger (02:11:00):
Yes, sir.
Mr. Lewis (02:11:01):
And was this an item that was located with Mr. Mullen in the burial site?
Mark Stroger (02:11:06):
Yes, it was.
Mr. Lewis (02:11:07):
Okay. And besides it being mounted on this board in plastic and the bags and stuff, anything changed or altered?
Mark Stroger (02:11:14):
No, sir.
Mr. Lewis (02:11:15):
Okay. And you were the one who collected this actually from the medical examiner's office?
Mark Stroger (02:11:18):
Yes.
Mr. Lewis (02:11:18):
Okay. At this time, Judge, the state would move in state's MM.
Judge (02:11:20):
Any objection?
Speaker 9 (02:11:20):
No objection.
Judge (02:11:20):
It'd be admitted as State's 11.
Mr. Lewis (02:11:21):
Thank you. May I publish this to the jury, Judge?
Judge (02:11:52):
Yes, sir.
Mr. Lewis (02:11:56):
State's 11. May I have the bailiff handed to them or are you okay if I hand it to them, Judge?
Judge (02:11:59):
You can.
Mr. Lewis (02:13:49):
May I approach the witness again, Judge?
Judge (02:13:50):
Yes, sir.
Mr. Lewis (02:13:53):
I'm going to approach and show you what's been marked as State's Exhibit NN. Can you take a moment and look at that, sir?
Mark Stroger (02:14:00):
Yes, sir.
Mr. Lewis (02:14:01):
Do you recognize it?
Mark Stroger (02:14:02):
I do. That was recovered at the scene.
Mr. Lewis (02:14:05):
And was this an item that was in the burial site with Chad?
Mark Stroger (02:14:09):
It was.
Mr. Lewis (02:14:10):
Okay. And were you the one who collected it from the medical examiner's office?
Mark Stroger (02:14:12):
Yes, I was. It's a-
Mr. Lewis (02:14:16):
Anything changed or altered-
Mark Stroger (02:14:17):
No.
Mr. Lewis (02:14:17):
... besides it's on plastic and squished together?
Mark Stroger (02:14:19):
I believe it's a hay mat.
Mr. Lewis (02:14:20):
Okay. Judge, at this time, the state will move in State's NN into the next exhibit.
Judge (02:14:26):
Any objection?
Speaker 9 (02:14:26):
No objection.
Judge (02:14:26):
Admitted as State's 12.
Mr. Lewis (02:14:41):
May I approach the witness, Judge?
Judge (02:14:43):
Yes, sir.
Mr. Lewis (02:14:50):
I'm going to approach and show you what's been marked as State's LL, for identification purposes. Can you take a look at those, sir?
Mark Stroger (02:14:58):
Yes.
Mr. Lewis (02:14:58):
Okay. And did you collect these from the autopsy?
Mark Stroger (02:15:01):
Yes, sir.
Mr. Lewis (02:15:02):
Okay. Besides them being on a board and in bags and stuff, anything changed or altered?
Mark Stroger (02:15:08):
No. They originally came from the medical examiner's office in the small envelopes here. And then once we packaged those at the sheriff's office evidence warehouse, they were placed in larger mental envelopes.
Mr. Lewis (02:15:19):
And I assume you guys don't put this on a board for display for court purposes?
Mark Stroger (02:15:22):
No.
Mr. Lewis (02:15:22):
Okay. Otherwise, it seems to be the same condition that when you collected it?
Mark Stroger (02:15:26):
Yes.
Mr. Lewis (02:15:27):
Okay. At this time, Judge, the state would move in state's LL.
Judge (02:15:28):
Any objection?
Speaker 9 (02:15:28):
No objection.
Judge (02:15:28):
Admitted as State's 13.
Mr. Lewis (02:15:35):
Judge, may I publish State's 12 to jury?
Judge (02:15:37):
Yes, sir.
State Attorney (02:16:16):
And sir, I'm going to approach you and show you what's marked as State's 13. Do you mind just explaining to the jury what we're looking at here so they know?
Speaker 11 (02:16:24):
Okay. The small plastic bags here are projectiles that were recovered from the victim.
State Attorney (02:16:30):
And just so you know what a projectile is, I do. But can you describe to everybody what that is?
Speaker 11 (02:16:34):
It's a piece of bullet, whether it expanded or not, or struck something hard that would've deformed it.
State Attorney (02:16:42):
Okay. And are all three of these different projectiles that were taken from the body?
Speaker 11 (02:16:48):
They were all taken from different parts of the body. I can't say they're all from one and the same though.
State Attorney (02:16:54):
Yeah. No, I understand that, sir. And when you received these, are they then later on sent to Florida Department of Law Enforcement for testing?
Speaker 11 (02:17:03):
Yes.
State Attorney (02:17:21):
Okay. May I approach the witness, Judge?
Judge (02:17:21):
Yes.
State Attorney (02:17:22):
I'm going to approach and show you what's marked as M1 and M2. Take a moment and look at that, sir.
Speaker 11 (02:17:27):
Okay.
State Attorney (02:17:38):
Okay. Are those fair and accurate depictions-
Speaker 11 (02:17:39):
Yes.
State Attorney (02:17:40):
... of the netting as they would've been back at your evidence facility?
Speaker 11 (02:17:44):
Yes, that would've been from the bags from the medical examiner's office.
State Attorney (02:17:46):
Okay. Anything changed or altered about these?
Speaker 11 (02:17:48):
No, sir.
State Attorney (02:17:52):
Okay. At this time, Judge, the state would move in State's M1, M2.
Judge (02:17:55):
Any objection?
Speaker 12 (02:17:57):
No objection.
Judge (02:17:57):
Admitted as State's 14.
State Attorney (02:18:20):
And now I'm showing you State's 14. It's going to pop up there in just a second. Can you just describe to the jury what we're looking at right here?
Speaker 11 (02:18:29):
This is the purple netting that we were just looking at a moment ago.
State Attorney (02:18:34):
Why is it hanging here?
Speaker 11 (02:18:36):
We were drying that out because unfortunately Mr. Mullen's body was recovered underground.
State Attorney (02:18:41):
Okay.
Speaker 11 (02:18:42):
This has been sitting underground for some time.
State Attorney (02:18:44):
Okay. So this is how you hang it in the dry, you have a secure-
Speaker 11 (02:18:48):
Yeah, we have a large drying room at the sheriff's office where we can dry everything out. We hang it up on cords and stuff, clothes pins, and we may let that sit in there. It's a secured building. Everything's locked up. We have cameras all over the back of the building, so make sure everything's secured. And we let that dry out like that.
State Attorney (02:19:07):
Okay.
Speaker 11 (02:19:10):
Prevents everything from molding.
State Attorney (02:19:15):
Now let me bring your attention to October 1st, 2024. Were you asked to conduct a search warrant at 131 Pine Street?
Speaker 11 (02:19:28):
Yes, sir.
State Attorney (02:19:29):
Were you asked to take photographs and document evidence that might have been located there?
Speaker 11 (02:19:33):
Yes, sir.
State Attorney (02:19:38):
May I approach the witness, Judge?
Judge (02:19:39):
Yes, sir.
State Attorney (02:19:40):
I'm going to approach and show you L1 through L7. Take a moment and look at those for me, sir.
Speaker 11 (02:19:44):
Thank you.
State Attorney (02:20:33):
Do you recognize those, sir?
Speaker 11 (02:20:34):
Yes, sir. Images I took at Ellis's residence during that search warrant.
State Attorney (02:20:39):
Are they a fair and accurate depiction of what that looked like at that day?
Speaker 11 (02:20:44):
Yes, sir.
State Attorney (02:20:44):
Anything seem to be changed or altered?
Speaker 11 (02:20:46):
No, sir.
State Attorney (02:20:46):
Okay. At this time, Judge, the state would move in State's L1 through L7 as the next exhibit.
Judge (02:20:52):
Any objection?
Speaker 12 (02:20:52):
No objection.
Judge (02:20:52):
Admitted as State's 15.
State Attorney (02:20:59):
I'm going to publish 15 to you now, sir. If you could just walk us through... We're kind of 15A. What are we looking at there, sir?
Speaker 11 (02:21:13):
This is the first photograph. Well, actually second photograph that I would take when I arrived on a crime scene, or a search warrant to show where we are at.
State Attorney (02:21:21):
Okay.
Speaker 11 (02:21:22):
So this here would be 131 Pine Trail, Ellis's residence here.
State Attorney (02:21:25):
And if we go to B.
Speaker 11 (02:21:31):
That would be her residence right there.
State Attorney (02:21:33):
The outside of it?
Speaker 11 (02:21:34):
Yes, sir. That's the front of the residence.
State Attorney (02:21:36):
And C?
Speaker 11 (02:21:37):
That would be Ellis's Suburban.
State Attorney (02:21:39):
Why was it important to photograph the license plate in the Suburban?
Speaker 11 (02:21:43):
We always want to document and make sure the tag matches the vehicle right there. So we'll run that and confirm that the registered owner of the vehicle is who it belongs to. In this case, that's Ellis's registered vehicle.
State Attorney (02:21:57):
And 15 days, that's just the side angle of it?
Speaker 11 (02:22:01):
Yes.
State Attorney (02:22:02):
Okay. And then going inside the residence, did you locate a firearm?
Speaker 11 (02:22:07):
I believe it was Lieutenant Fussell and Wells who were inside at the time that located the handgun inside possibly her purse.
State Attorney (02:22:15):
Okay. And do you remember what kind of handgun this is?
Speaker 11 (02:22:19):
It's a Smith & Wesson. I believe it's a 4906 nine millimeter handgun.
State Attorney (02:22:22):
Nine millimeter. Okay.
Speaker 11 (02:22:23):
Yes, sir.
State Attorney (02:22:24):
And is that a close up of it?
Speaker 11 (02:22:25):
6904. I'm sorry.
State Attorney (02:22:26):
Oh, you're not. You're fine. So that's a closeup of it?
Speaker 11 (02:22:28):
Yes, sir. That would be the serial number and model.
State Attorney (02:22:30):
And did you collect that?
Speaker 11 (02:22:31):
I did.
State Attorney (02:23:09):
Thank you, sir. I don't have any other questions.
Judge (02:23:10):
[inaudible 02:23:13].
Speaker 12 (02:23:13):
I just had a couple of questions. So that board showed three projectiles?
Speaker 11 (02:23:25):
Yes, sir.
Speaker 12 (02:23:25):
Okay. Was that three projectiles or is that projectiles and-
Speaker 11 (02:23:30):
Fragments.
Speaker 12 (02:23:30):
... fragments.
Speaker 11 (02:23:31):
Projectile fragments.
Speaker 12 (02:23:32):
Okay.
Speaker 11 (02:23:33):
Yes, sir.
Speaker 12 (02:23:33):
So really it's two projectiles?
State Attorney (02:23:37):
I'm going to object as to outside the scope of his expertise, Judge.
Judge (02:23:40):
I'll overrule the objection. What was that, Judge?
State Attorney (02:23:43):
What was that judge?
Judge (02:23:43):
I overrule the objection.
State Attorney (02:23:46):
Okay. May I approach the witness?
Judge (02:23:47):
Sure.
State Attorney (02:23:56):
So I guess which would be-
Speaker 11 (02:23:58):
I'm sorry, fragment, projectile fragment.
Speaker 12 (02:24:01):
Okay. So these are two projectiles and a fragment up here?
Speaker 11 (02:24:05):
No. Three projectile fragments.
Speaker 12 (02:24:08):
Okay.
Speaker 11 (02:24:08):
If you want to call it that.
Speaker 12 (02:24:10):
That doesn't mean three bullets?
Speaker 11 (02:24:11):
No.
Speaker 12 (02:24:11):
Okay. And then I just want to clarify that the picture of the netting that was shown, that's the same netting that's wrapped up, right?
Speaker 11 (02:24:26):
Yes, sir.
Speaker 12 (02:24:26):
Okay. It's not an additional netting?
Speaker 11 (02:24:29):
No, sir.
Speaker 12 (02:24:29):
I have no other questions.
Judge (02:24:30):
All right. Any follow up?
State Attorney (02:24:30):
No other questions.
Judge (02:24:33):
All right. Thank you.
Speaker 11 (02:24:35):
Thank you, Your Honor.
State Attorney (02:24:43):
The State would call Florida Department of Law Enforcement, David Dehaan.
Court Marshal (02:24:46):
Take [inaudible 02:24:46].
Speaker 13 (02:24:46):
All right. Can you raise your right hand to be sworn in? Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, the whole truth, and nothing but the truth, so help you God?
David Dehaan (02:25:13):
I do.
Speaker 13 (02:25:13):
Thank you.
State Attorney (02:25:39):
Good morning, sir.
David Dehaan (02:25:40):
Good morning.
State Attorney (02:25:41):
Could you please introduce yourself to the jury? Spell your last name, sir?
David Dehaan (02:25:44):
Yes. I am David Dehaan. My last name is spelled D-E-H-A-A-N.
State Attorney (02:25:50):
Where do you work, sir?
David Dehaan (02:25:51):
I am a crime laboratory analyst for the Florida Department of Law Enforcement in the crime scene investigation section.
State Attorney (02:25:58):
How long have you been doing that for with FDLE, sir?
David Dehaan (02:26:01):
Well, I've been with FDLE for approximately 11 years. I started as a fingerprint examiner there, and then I transferred to the crime scene section about seven years ago.
State Attorney (02:26:13):
Prior to working at the Florida Department of Law Enforcement, did you work elsewhere in crime scene processing?
David Dehaan (02:26:18):
I did. I worked for two other agencies for a total of... At the other agencies, I think around 11 years.
State Attorney (02:26:29):
Tell us a little bit, just a little bit about your training and experience to become a crime scene. I guess people think it's a CSI, but we can call it an analyst.
David Dehaan (02:26:39):
CSI is fine. About my training and-
State Attorney (02:26:44):
Yeah, your training to become a-
David Dehaan (02:26:46):
It's like specifically with FDLE?
State Attorney (02:26:48):
Sure. Oh, but prior to that, I assume you received some training at the other agencies too?
David Dehaan (02:26:52):
Correct.
State Attorney (02:26:52):
Okay. So just in a minute or under, give us just an overview of your training you've had.
David Dehaan (02:27:00):
Okay. Well, I've had, I don't even know how many hours of on the job training. I've had over a thousand hours of specialized training outside of my agencies. Specifically with the Florida Department of Law Enforcement, the training program in the crime scene investigation section is about a year and a half long. It's broken up into two modules. The first is largely academic, where you're doing a lot of reading, studying, taking tests, hands-on practicals, that kind of thing. The second half is supervised case work where you're actually working cases under the direct supervision of another analyst.
State Attorney (02:27:40):
And did you complete your training successfully?
David Dehaan (02:27:41):
I did.
State Attorney (02:27:44):
Let me ask you, over your career, how many crime scenes do you think you've processed?
David Dehaan (02:27:49):
Oh, I've been to thousands.
State Attorney (02:27:51):
Okay. That includes homicides?
David Dehaan (02:27:54):
Yes.
State Attorney (02:27:55):
How many homicides do you think you've done? Hundreds?
David Dehaan (02:27:57):
Hundreds, yes.
State Attorney (02:28:01):
Where do you work out of for FDLE? Where's your office?
David Dehaan (02:28:04):
My office is in Jacksonville.
State Attorney (02:28:07):
Does FDLE assist smaller agencies with crime scene processing if they request it?
David Dehaan (02:28:12):
Yes, that's basically my entire job is assisting other agencies. So we work for 13 different counties in Northeast Florida. If they request it, we'll come out and assist.
State Attorney (02:28:25):
Let me bring your attention now to September 20th, 2024. Were you working that day, sir?
David Dehaan (02:28:30):
Yes.
State Attorney (02:28:32):
Did you receive a request or did FDLE receive a request to assist with a processing of a location?
David Dehaan (02:28:38):
Yes.
State Attorney (02:28:41):
Where were you asked to respond down to to process?
David Dehaan (02:28:46):
If I could refer to my notes-
State Attorney (02:28:48):
Sure. It might help you [inaudible 02:28:49] remember.
David Dehaan (02:28:48):
I think the address was 465 San Mateo Road.
State Attorney (02:28:55):
About what time do you think it was that you responded to that location?
David Dehaan (02:28:59):
I believe it was around 9:30 in the morning.
State Attorney (02:29:02):
Can you describe what the area looked like when you arrived?
David Dehaan (02:29:06):
The area is a very large property. It's basically like a horse property. There was a large warehouse, a couple of stables. I think there was another outbuilding, a pond, and then a large horse pasture.
State Attorney (02:29:23):
When you arrived out there, was Putnam County Sheriff's Office also located there?
David Dehaan (02:29:27):
Yes.
State Attorney (02:29:29):
Were you briefed on kind of what they wanted you to look for?
David Dehaan (02:29:33):
Yes. We were requested to, and when I spoke to Sergeant Fussell on the scene, they were conducting a search warrant of the property. And myself and my coworkers that came with me were there for just documentation and collection of evidence.
State Attorney (02:29:53):
So photograph and if there's anything to be collected, collect it?
David Dehaan (02:29:56):
Correct.
State Attorney (02:29:57):
Right. That doesn't mean there was anything to be collected, just mainly you know you're going to photograph. If there's something that comes along, you would collect it?
David Dehaan (02:30:03):
Yes.
State Attorney (02:30:04):
Okay. May I approach the witness, Judge?
Judge (02:30:05):
Yes.
State Attorney (02:30:06):
I'm going to approach and show you what's marked as H1 through 19. Can you look at that for a second, sir? Are those fair and accurate depictions of what that location looked like?
David Dehaan (02:31:01):
Yes.
State Attorney (02:31:02):
Anything changed or altered in these photographs?
David Dehaan (02:31:04):
No.
State Attorney (02:31:05):
And they seem to depict when you were out there, all the different locations you're out there at?
David Dehaan (02:31:09):
Yes.
State Attorney (02:31:10):
Okay. Judge, at this time, the state would move in State's H1 through H19 of the next composite.
Speaker 12 (02:31:14):
No objection.
Judge (02:31:15):
Right. Admitted as State 16.
State Attorney (02:31:23):
Sir, I'm going to now show you what's marked as 16A. Can you see the screen up there behind you too?
David Dehaan (02:31:29):
Yes.
State Attorney (02:31:30):
Okay. Do you mind stepping down and just walking us through what we're looking at?
David Dehaan (02:31:32):
Sure.
State Attorney (02:31:33):
Is that okay, Judge?
Judge (02:31:34):
Yes.
State Attorney (02:31:34):
If you can just pop up there. So what are we looking at right here, sir?
David Dehaan (02:31:39):
This is the entry for... I believe this is San Mateo Road. So this is right at the road, obviously the mailbox, and that's the warehouse.
State Attorney (02:31:48):
Okay. And if we're looking at B, is this just another view of the warehouse?
David Dehaan (02:31:51):
Yes.
State Attorney (02:31:53):
Now looking at 16C, what are we looking at there?
David Dehaan (02:31:56):
These are what I referred to as stables. I don't know if there's a more technical term for it. But both of these outbuildings appear to contain horse tack and whatnot. The horse pasture is beyond that. In this photograph, the warehouse would be behind it.
State Attorney (02:32:16):
Okay. We're looking at D, is this just a closeup of the one to the left?
David Dehaan (02:32:21):
Yes.
State Attorney (02:32:22):
Okay. And then if we look at E, that's just another view of that one?
David Dehaan (02:32:27):
Yes, the same building.
State Attorney (02:32:28):
The barn to the left. Okay. And then if we're looking at 16F, is that the barn to the right?
David Dehaan (02:32:33):
Yes.
State Attorney (02:32:34):
Okay. And then we look at 16G, is that entering into the barn on the right?
David Dehaan (02:32:39):
Yes.
State Attorney (02:32:40):
And you were describing before, is that like the tack gear you're talking about, the horseback riding stuff?
David Dehaan (02:32:44):
Yes, exactly.
State Attorney (02:32:48):
Okay. And then 16H, more horseback riding stuff?
David Dehaan (02:32:50):
Yes.
State Attorney (02:32:51):
And then if we go to 16I, is this just a view from inside of that barn?
David Dehaan (02:32:55):
Yes.
State Attorney (02:32:56):
Okay. 16J, another view inside the barn?
David Dehaan (02:33:01):
Yes.
State Attorney (02:33:02):
And then we have 16K. Is that a view in the barn?
David Dehaan (02:33:05):
Yes.
State Attorney (02:33:08):
And then 16L, another view from the barn there?
David Dehaan (02:33:12):
Yes.
State Attorney (02:33:12):
Different angle. Is this 16M, is this another angle inside that barn?
David Dehaan (02:33:18):
Yes.
State Attorney (02:33:18):
Now, specifically when we go to 16N, can you describe where we're looking at this closeup of that's been blown up?
David Dehaan (02:33:27):
The blowup is this area here on that barn.
State Attorney (02:33:35):
Gotcha. And you don't really know why that's important at this point, right? That's not in your purview, right?
David Dehaan (02:33:42):
I don't.
State Attorney (02:33:44):
Right. Okay. But you just took the photograph, so we're going through it. And then if we go to 16-O, is that the same... It's a different, slightly offset view of that same location?
David Dehaan (02:33:54):
Yes.
State Attorney (02:33:55):
Okay. And then if we look at 16P, is that the closeup once again right there of back?
David Dehaan (02:34:01):
Yes.
State Attorney (02:34:02):
Okay. Can you just draw where that's a closeup of?
David Dehaan (02:34:03):
So it's this area here.
State Attorney (02:34:05):
Okay, awesome. Okay. And then 16Q, can you tell us where that is?
David Dehaan (02:34:11):
The pond I believe is down in this area.
State Attorney (02:34:15):
Is that the 16R?
David Dehaan (02:34:16):
Yes.
State Attorney (02:34:17):
Okay. So this would just be basically behind the barn?
David Dehaan (02:34:20):
So the warehouse and then that barn right there.
State Attorney (02:34:22):
Gotcha. Okay. And this is one of the ponds. We've seen an aerial already. It looks like there might be two ponds on the property.
David Dehaan (02:34:29):
I believe there's another one, yes to the left of that.
State Attorney (02:34:33):
And then we're looking at 16S. Is this a photograph of the truck that was located there that belongs to Stormy Stables?
David Dehaan (02:34:40):
Yes.
State Attorney (02:34:41):
Okay. And specifically it has the phone number on it of the 466-4049?
David Dehaan (02:34:47):
Yes, it does.
State Attorney (02:34:49):
Okay. Okay. You can sit down. Thank you, sir. And if I could bring your attention now to October 2nd of 2024. Were you requested to assist Putnam County Sheriff's Office again with photographing an item?
David Dehaan (02:35:32):
Yes.
State Attorney (02:35:39):
Where were you asked to respond to that day?
David Dehaan (02:35:40):
To the Putnam County Sheriff's Office.
State Attorney (02:35:43):
What were you asked to photograph that day?
David Dehaan (02:35:45):
It was a white GMC Suburban.
State Attorney (02:35:48):
May I approach the witness, Judge?
Judge (02:35:49):
Yes, sir.
State Attorney (02:35:50):
I'm going to show you what's marked as State's I1 through I6. Take a moment and look at that, sir. Do you recognize those, sir?
David Dehaan (02:36:15):
Yes, I do.
State Attorney (02:36:16):
Are those the photographs of the Suburban that you took that day?
David Dehaan (02:36:20):
Yes, they are.
State Attorney (02:36:20):
They seem to be a fair and accurate depiction of the Suburban that day?
David Dehaan (02:36:23):
Yes, they are.
State Attorney (02:36:23):
Anything changed or altered at all?
David Dehaan (02:36:25):
No.
State Attorney (02:36:26):
Judge, at this time, the state would move in State's I1 through I6.
Judge (02:36:29):
Any objection?
Speaker 12 (02:36:31):
No objection.
Judge (02:36:31):
Admitted as State's 17.
State Attorney (02:36:44):
The Suburban that you photographed, and this is 17, we'll look at it in a second. Do you remember what the license plate that went to that Suburban was?
David Dehaan (02:36:54):
I don't have it memory.
State Attorney (02:36:54):
Do you have it in your records?
David Dehaan (02:36:57):
I do.
State Attorney (02:36:57):
Do you mind referencing that, sir?
David Dehaan (02:37:16):
The license plate for the Suburban is NHQR17.
State Attorney (02:37:22):
Don't take your page off yet.
David Dehaan (02:37:23):
Okay.
State Attorney (02:37:24):
Can you see if you can refresh and see if you have the VIN number for it also written down, sir?
David Dehaan (02:37:28):
I do have the VIN.
State Attorney (02:37:29):
Thank you. Can you tell us what that is?
David Dehaan (02:37:31):
3GK-GK27-JXVG-5246-55.
State Attorney (02:37:42):
Okay. And now we're looking at, I believe this is 17, is that right, ma'am?
Judge (02:37:47):
Yes.
State Attorney (02:37:48):
17A, is this just the front of the GMC?
David Dehaan (02:37:51):
Yes.
State Attorney (02:37:53):
Okay. And this would be, I guess, on the driver's side?
David Dehaan (02:37:56):
Yes.
State Attorney (02:37:56):
17B. 17C, just moving around the vehicle?
David Dehaan (02:38:00):
Yes.
State Attorney (02:38:02):
Okay. 17D, another view of that?
David Dehaan (02:38:04):
Yeah.
State Attorney (02:38:05):
Okay. And then 17E, it's the back view of the vehicle?
David Dehaan (02:38:08):
Yes.
State Attorney (02:38:09):
17F, just the passenger side?
David Dehaan (02:38:12):
Yes.
State Attorney (02:38:13):
Okay. May I just have a moment, Judge?
Judge (02:38:15):
Yes, sir.
State Attorney (02:38:34):
No further questions, Judge.
Judge (02:38:36):
All right.
Speaker 12 (02:38:36):
I have no questions.
Judge (02:38:39):
Thank you, sir.
David Dehaan (02:38:39):
Thank you.
Judge (02:38:56):
Is the next witness that the state anticipates calling, can you... How long will that next witness be?
State Attorney (02:39:03):
I can do it in 20 minutes or less.
Judge (02:39:06):
All right.
State Attorney (02:39:06):
Thank you, Judge. The state would call William Byrnes.
Speaker 13 (02:39:07):
Mr. Byrnes.
Judge (02:39:35):
Mr. Byrnes, if you just step up here.
William Everett Byrnes (02:39:37):
Where? All the way up.
Judge (02:39:38):
All the way up here. And before you're seated, if you could raise your right hand to be sworn.
Speaker 13 (02:39:43):
Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, whole truth, and nothing but the truth, so help you God?
William Everett Byrnes (02:39:47):
Yes, I do.
Judge (02:39:47):
All right. Thank you. Have a seat.
State Attorney (02:40:03):
Good morning, sir.
William Everett Byrnes (02:40:03):
Good morning.
State Attorney (02:40:04):
Could you please introduce yourself to the jury? Spell your last name?
William Everett Byrnes (02:40:07):
William Everett Byrnes. Last name, B-Y-R-N-E-S.
State Attorney (02:40:14):
Where do you live, sir?
William Everett Byrnes (02:40:16):
East Palatka, Hastings area, but right now, 123 School Road, East Palatka.
State Attorney (02:40:20):
Okay. Did you grow up in this area?
William Everett Byrnes (02:40:23):
Born and raised here.
State Attorney (02:40:24):
Okay. Are you familiar with where Byrnes Farm is?
William Everett Byrnes (02:40:32):
Yeah, that's where I work and that's where I grew up my whole life.
State Attorney (02:40:36):
How are you familiar with it?
William Everett Byrnes (02:40:37):
That's my family's farm. I'm still employed there now, so I've got a business there. We've got a farm that's been in my family since 1960 on that same property.
State Attorney (02:40:47):
What's the address of the Byrnes Farm?
William Everett Byrnes (02:40:48):
880 Federal Point Road, Hastings, Florida, 32145.
State Attorney (02:40:53):
Is that located in St. Johns County?
William Everett Byrnes (02:40:54):
St. John's County. Almost on the county line, but it's still technically in St. John's County.
State Attorney (02:40:59):
How big is the farm?
William Everett Byrnes (02:41:02):
We farm 1000 acres. I mean, some of us rented property, but it's pretty much the entirety of Federal Point. From 207A, if anybody's familiar with the area, 207A, all the way into the backside of Hastings, all the way-
State Attorney (02:41:14):
You talk really fast, which is cool but please-
William Everett Byrnes (02:41:16):
I'll slow it down.
State Attorney (02:41:17):
... slow it down just a little bit.
William Everett Byrnes (02:41:18):
That's fine.
State Attorney (02:41:19):
Awesome. So what do you all farm out there?
William Everett Byrnes (02:41:23):
Potatoes, cabbage, and broccoli.
State Attorney (02:41:27):
Where your farm is located, or your family farm is located, is that a location close to a city, close to other things?
William Everett Byrnes (02:41:35):
There's not a whole lot out there. It's on the backside of State Road 207 and on the St. John's River, so there's not a whole lot of anything there.
State Attorney (02:41:44):
Would you consider it remote out there?
William Everett Byrnes (02:41:45):
Yeah, it's definitely remote.
State Attorney (02:41:47):
Is there any McDonald's or Waffle House right near it?
William Everett Byrnes (02:41:50):
There's not anything like that.
State Attorney (02:41:51):
Okay.
William Everett Byrnes (02:41:51):
There's a Domino's and a Taco Bell in Hastings, but that's not going to be open very much at night.
State Attorney (02:42:00):
Well, would there be any reason for someone to be in that location, early morning hours, 2:00 AM to 5:00 AM?
William Everett Byrnes (02:42:07):
Unless you live out there or have a reason to be, no.
State Attorney (02:42:11):
Okay. I just want to make sure there's not a restaurant open right next door.
William Everett Byrnes (02:42:15):
No, sir.
State Attorney (02:42:16):
Okay. Back in 2022, 2023, 2024, did you have a business on Byrnes Farm in addition to the farm itself?
William Everett Byrnes (02:42:29):
I did, and I still do. I still technically have that business. I just reapplied for my business, the fictitious name. I didn't want to let it lapse in case I ever needed it. But right now, I'm not currently doing any business out of that. I'm full-time employee at Byrnes Farms Incorporated.
State Attorney (02:42:46):
Let me ask this before we go on. Have you ever been convicted of stealing beer from a convenience store?
William Everett Byrnes (02:42:53):
Not convicted. I've had withhold certification, but I did have charges. One charge, I guess you're asking about crimes of dishonesty?
State Attorney (02:43:01):
Yes, sir.
William Everett Byrnes (02:43:02):
I have been charged with a petty theft, but-
State Attorney (02:43:05):
Was that for stealing beer?
William Everett Byrnes (02:43:06):
Stealing a 12-pack of beer back in my younger days.
State Attorney (02:43:09):
All right. Well, I guess you learned your lesson?
William Everett Byrnes (02:43:12):
Yeah. Yes, sir.
State Attorney (02:43:14):
Let me ask you now, did you have an automotive business? Is that what you had out there?
William Everett Byrnes (02:43:18):
Yes.
State Attorney (02:43:20):
Like a mechanic shop?
William Everett Byrnes (02:43:21):
Mechanic shop, mostly custom stuff, not your typical... I mean, I would do oil changes, but I was trying to focus more on the higher end of it, but that's what it was. Paint and body, audio, engines, things of those nature.
State Attorney (02:43:36):
Did you hire people or have people working for you that might have been a little... Caused you some-
William Everett Byrnes (02:43:43):
Trouble?
State Attorney (02:43:44):
... consternation?
William Everett Byrnes (02:43:44):
Absolutely.
State Attorney (02:43:46):
Can you describe what the issue with that was, and we'll lead into you and Tina Marie Ellis.
William Everett Byrnes (02:43:54):
When I opened the business in 2020, it was just me. It was just me starting. I quit the family farm, trying something else, and had trouble finding anybody to work. And it was kind of like whoever I could get was... I had a lot of work to do, not only working on cars, trying to repair a building that had been built for 60 years at that point, having to gut the building, and clear property for parking lot. It was a big undertaking for me by myself.
(02:44:24)
So I was, to be honestly, desperate for anybody that was willing to help. And I hired some people that I knew had previous problems. At that time, did not know they did still have those problems. And it brought just a nightmare of people coming and stuff turned up missing every day when I was there pretty much.
State Attorney (02:44:43):
So during that time, you had a concern back then of property going missing in the middle-
William Everett Byrnes (02:44:49):
Oh yeah.
State Attorney (02:44:49):
... of the night?
William Everett Byrnes (02:44:50):
Inventory, parts, parts off happened. Once it happened to customer's cars, then I knew I had to figure something out.
State Attorney (02:44:58):
How did you meet Tina Marie Ellis?
William Everett Byrnes (02:45:00):
She was recommended to come by and have her Corvette looked at, needed a battery. And at the time, me and my only employee, Clay Mass, we went out there and talked to her. I think he had met her once. I can't even remember who sent her out there. I believe it might have been her ex-husband, Beau Ellis, because that is a mutual friend. She came out there and we looked at her car and told her what was wrong. Fixed it, and she was like, "Okay, well, you seem to be a pretty good mechanic. I'm going to let you start working on my cars." That's how that started.
State Attorney (02:45:34):
Did it progress into a relationship, not any sort of-
William Everett Byrnes (02:45:38):
Yeah.
State Attorney (02:45:38):
... lik that kind of relationship, but a sort of business relationship with her?
William Everett Byrnes (02:45:42):
Yes, it did. If you want me to elaborate.
State Attorney (02:45:44):
Yeah. If you don't mind elaborating on that, sir.
William Everett Byrnes (02:45:47):
Whenever I was there, I was trying to find somebody. I'd actually talked to different people about maybe coming and watching my shop at night whenever we would try to clock out and go home so somebody didn't... We actually did shift work. One of us would stay at night, one would work in the day just because tools were popping up missing. Before I had any kind of fences or doors. So me and Clay were desperate to find somebody and we had talked to one or two people.
(02:46:13)
Nobody wanted to watch the place and we started putting up cameras. And there's just too much to do with two guys. There's too much for us to handle. And we were just talking and I said, "You know what? Tina used to be a trucker. She's used to all hours of the night and day and doesn't bother." And I called her and she said, "Yeah, I'd be willing to come watch your place for you." She said, "I don't know what you need, but I'd be willing to come do it."
State Attorney (02:46:36):
And this was sometime in 2022 or so?
William Everett Byrnes (02:46:40):
If I had to remember right, I would say around 2021 or two is what I would... Yeah, if I recall correctly.
State Attorney (02:46:47):
How much would you pay her per week to watch-
William Everett Byrnes (02:46:50):
It started very little, whatever I could afford. Whether it was 100 bucks, a lot of times. She had multiple cars. She's like me. She's a car person. She had her Corvette. She had a 2000 something Tahoe, and most everything she drove was Chevrolet, which is my forte with vehicles. So a lot of times I would just do free work, and we'd trade it off for that or whatever I could afford. It wasn't a, you got to pay me a this kind of thing. If I could afford $200 a week, she was happy with it. If I could give her 500, she was happy with that too. So it was a lot of helping me, to be honest with you.
State Attorney (02:47:25):
And the goal was she would come by in the nighttime, just drive through, make sure everything's safe or?
William Everett Byrnes (02:47:29):
Just have a presence there so people knew if they come out there that they weren't going to get anything anymore.
State Attorney (02:47:35):
Okay. As time went on leading into 2024, did business kind of fall off a little bit and did you push her, reduce her even coming out there anymore?
William Everett Byrnes (02:47:45):
It did. And 2024 was my first year back at the farm. Instead of going back straight to field work, I went... When we started harvesting potatoes, which was April of 2024, I went into the office to do sales for the first time. And so at that point, that was my primary focus and I'm trying to ease her out of that. I kind of felt bad because she was, I guess, depending on the little bit of money she could get each week. And I was trying to ease her in, "You're going to have to find another job."
(02:48:14)
And so yeah, it was dwindling down to I really didn't need it anymore. I mean, especially once I finally had doors and closed them. And they were only open whenever I needed to go in there. It wasn't really much of an issue once I stopped having any business up there. And at this point things had settled down too.
State Attorney (02:48:31):
So toward June, July, August of 2024, really she wasn't doing that job much anymore?
William Everett Byrnes (02:48:39):
No. And she would call and want to come work. And to me, I've told this story before, I just kind of felt bad. And then if you want to swing through once or twice a week kind of thing, I can pay you maybe 50 bucks or 100 bucks. Getting to that point to where, okay, you've got to find something else to do. We had developed a friendship and she'd always been willing to do anything I needed. If I needed her to go pick up parts or go pick up a car, she was willing to go do it. So you develop a friendship, you don't want to let somebody go.
State Attorney (02:49:10):
Yeah, of course. Do you remember back in September 2024, let me take you to somewhere mid-September, the 14th, 15th, 16th. Had you been out of town before that?
William Everett Byrnes (02:49:25):
Me?
State Attorney (02:49:26):
Or had you noticed that there was some change at the property, a big dirt hill being built?
William Everett Byrnes (02:49:32):
Me and multiple people noticed that. I wasn't out of town, I don't believe any time in that time period, but I noticed the change. Even, I had a friend that was out of town and when he came back, he noticed it too.
State Attorney (02:49:59):
May I approach the witness, Judge?
Judge (02:50:00):
Yes, sir.
State Attorney (02:50:00):
I'm going to...
State Attorney (02:50:00):
... the witness, Judge?
Judge (02:50:00):
Yes.
State Attorney (02:50:03):
I'm going to approach and show you what's marked as 0102. Can you take a look at those? See if you can recognize those aerial photographs?
William Everett Byrnes (02:50:10):
Well, actually I got to turn it around the way I knew because there's Hastings. This is the way it shows up on the map. Yep, I do recognize this property.
State Attorney (02:50:18):
Okay. And then second photograph, just a closer up, recognize that?
William Everett Byrnes (02:50:22):
Yep. Yes, sir. I do.
State Attorney (02:50:23):
Okay. Are these fair and accurate depictions, aerials of the portion of the Burns Farm?
William Everett Byrnes (02:50:29):
Everything on this side is Burns Farms Incorporated and then this little strip and this is all Burns. The rest of it are Macau.
State Attorney (02:50:37):
We'll specifically point out a sec, but other than-
William Everett Byrnes (02:50:39):
But I do recognize, yes.
State Attorney (02:50:43):
Okay. Judge, if we can move in State's 01, 02.
Judge (02:50:47):
Any objection?
Mr. Smith (02:50:47):
No objection.
Judge (02:50:49):
That'll be moved in as State's 18.
State Attorney (02:51:06):
I'm going to show you State's 18A first. It's going to be on here in just a second. There we go. So can you, if you don't mind standing up, maybe pointing to the jury where the Burns Farm is and what area we're talking about.
William Everett Byrnes (02:51:21):
Everything on this side. All these fields are Burns Farms. These buildings all are Burns Farms here. That's Burns Farms Incorporated, but it stops right here. This field is ours. This is not ours. These fields are not. That field is not, but everything there, that building up to the wood line over there there is Burns Farms Incorporated.
State Attorney (02:51:46):
Okay. Stay right there. I'm just going to push to, I think this is 18B. Is this a closer up of that area?
William Everett Byrnes (02:51:55):
Yes, it is.
State Attorney (02:51:56):
Can you point out where you were setting up your shop originally?
William Everett Byrnes (02:52:01):
Where all these, you can see all the cars in the cleared lot. That's all cars junk. But anyway, that's farm property. It's all the same, but that's where I do mechanical right there in that shop.
State Attorney (02:52:13):
And what's located right around here in that area?
William Everett Byrnes (02:52:16):
That's an old house. I had an uncle that lived there and since he moved out, I mean, it looks like it's been deserted for 100, but he moved out 20 or 30 years ago. It's just been same. But it is under Burns Farm's property.
State Attorney (02:52:30):
Okay. Can I have you sit down for a sec? I'll have you-
William Everett Byrnes (02:52:31):
You want the pointer back?
State Attorney (02:52:33):
Oh no, you're good. I'm going to show you some other photos. May I approach the witness again, Judge?
Judge (02:52:55):
Yes, sir.
State Attorney (02:52:55):
I'm going to approach and show you what's marked as 001 through 3. Take a moment and just look at those. Can you flip through all three?
William Everett Byrnes (02:53:04):
Oh yeah.
State Attorney (02:53:05):
Sorry sir. Flip through all three. I want to make sure you recognize them.
William Everett Byrnes (02:53:07):
Okay.
State Attorney (02:53:13):
Okay. Are those a fair and accurate depiction of the area we were just talking about?
William Everett Byrnes (02:53:18):
Yes, sir.
State Attorney (02:53:18):
Is that a yes?
William Everett Byrnes (02:53:19):
Yes, sir.
State Attorney (02:53:19):
Anything changed or altered except for it looks like maybe it was bulldozed a little or moved around?
William Everett Byrnes (02:53:26):
You mean changed or altered the way it's supposed to look or after the fact of...
State Attorney (02:53:29):
Well, is this a fair depiction of kind of what you saw in that area at the time in September minus it being built up more?
William Everett Byrnes (02:53:36):
Yes. It was quite a big pile. The fresh dirt you see on the ground was a big pile.
State Attorney (02:53:42):
And we'll talk about that in a moment. Other than that, anything else changed?
William Everett Byrnes (02:53:45):
No, everything else looks about like it-
State Attorney (02:53:47):
Okay.
William Everett Byrnes (02:53:48):
... not out of the ordinary except for the dirt.
State Attorney (02:53:50):
At this time the State would move 001, 003 into evidence I think as State's 19.
Judge (02:53:56):
Any objection?
Mr. Smith (02:53:56):
No objection.
Judge (02:53:56):
We introduced as State's 19.
State Attorney (02:53:57):
So I'll give this to you again real fast. You good? So we're looking at 19A. Okay. Is this the old dilapidated house you're talking about?
William Everett Byrnes (02:54:24):
Yeah, it is.
State Attorney (02:54:24):
Okay. So this dirt right here, let's back up in early September before you noticed a change. What would this area have looked like?
William Everett Byrnes (02:54:34):
If you look where this dirt's white with grass growing through it would've looked like that. And the only thing we ever do is back in there and mow. So I mean, nothing's ever been bulldozed or... You can actually see where we had mowed maybe a year or six months before just to kind of keep the trees from getting overgrown. But other than that, it didn't have all this fresh dirt. It looked like that, just flat ground.
State Attorney (02:54:58):
And when you actually saw it, I know this is a picture that FDLE took, was the dirt hill actually higher?
William Everett Byrnes (02:55:05):
It looked about that high, but I believe it was spread out over a larger area.
State Attorney (02:55:10):
Okay.
William Everett Byrnes (02:55:12):
I mean, from the road it looked like that, but just put there is what it kind of looked like.
State Attorney (02:55:15):
Gotcha. Okay. And I'm showing you what's 19B. This is just another angle of it. This is the same dirt we're talking about, just built up a little higher?
William Everett Byrnes (02:55:23):
Yeah. It's just kind of took out from here and pulled up to the front.
State Attorney (02:55:27):
Same thing right there?
William Everett Byrnes (02:55:28):
Same thing. It's the same pile.
State Attorney (02:55:30):
Okay. Let me ask you a question now. In mid-September, you noticed that there's a pile of dirt there now or a big pile. Did that immediately cause you any concerns or?
William Everett Byrnes (02:55:43):
It wasn't enough for me to go out there and investigate. I mean, it's a thousand acre farm with multiple employees and it's not unusual. We might knock a tree down and there is piles of dirt where we're cleaning out ditches and this was around ditch cleaning time. So we do that every year. We excavate ditches every year just to let them drain. So none of this seemed suspicious, I guess you should say, but it was odd. I would definitely say it was odd enough for a couple of us to talk about it, but not odd enough to go see what it was.
State Attorney (02:56:18):
Now let's fast-forward to October. So this is in mid-September where you noticed this. In October, is there a time where you go out to Tina Marie Ellis's house?
William Everett Byrnes (02:56:29):
There was. I can't recall an exact date, but if you want me to elaborate why?
State Attorney (02:56:35):
Yeah, just nothing is said. If you could just briefly tell us what you went out there for.
William Everett Byrnes (02:56:40):
My, at the time, future father-in-law needed to go pick up a car and he was talking about borrowing a trailer from somebody. I said, "I think I'll just call Tina's boyfriend and just go borrow his dealer tag and I'll just go drive it back from Jacksonville." I knew I could put a dealer tag on it, wouldn't have to put insurance on it. It would give us a good time to test drive it anyway, instead of just loading some random car up on a trailer and hoping it ran. So I called Tina and said, "Hey, does Wayne have a dealer tag I can borrow?" And she said, sure. And so I went out to her house on, I think it's Pine Street out near Dunn's Creek to go borrow it.
State Attorney (02:57:20):
Sure. When you went out there, did she, Tina Marie Ellis, show you anything when you got there?
William Everett Byrnes (02:57:25):
Yeah. Yes, sir. Before I got in, she told me that the cops had came and-
Mr. Smith (02:57:31):
Objection. Hearsay.
Judge (02:57:31):
When you hear an objection, you guys stop talking. All right. It's hearsay.
Mr. Smith (02:57:34):
Yes.
Judge (02:57:35):
Sustained.
State Attorney (02:57:35):
Can we go sidebar, Judge?
Judge (02:57:36):
Sure.
State Attorney (02:59:33):
If we can circle back, sir, just briefly, Ms. Ellis, what did she show you and did she tell you about it quickly?
William Everett Byrnes (02:59:40):
A search warrant where cops had come and then... I'm not going to try to recall exactly word for word, because I don't remember.
State Attorney (02:59:49):
Well, okay. So she showed you a search warrant. Okay. So let's fast-forward a couple of days after that. Does somebody contact... You know what they said, but did somebody contact you with a concern about the dirt pile now?
William Everett Byrnes (03:00:02):
Ronald Ferris.
State Attorney (03:00:03):
Okay. After he calls you on the phone, do you meet with him in person?
William Everett Byrnes (03:00:08):
Straight away.
State Attorney (03:00:09):
Okay.
William Everett Byrnes (03:00:09):
We met at the farm to talk.
State Attorney (03:00:11):
Right. So based on hearing about the search warrant at Ms. Ellis's house, Mr. Ferris reaching out to you and the dirt pile, did you subsequently ask someone or did you all reach out to the police?
William Everett Byrnes (03:00:23):
We did.
State Attorney (03:00:23):
Okay. To tip them off about what was going on?
William Everett Byrnes (03:00:27):
Well, to tell them exactly what we were... Because none of this would've made much sense if I wouldn't have saw that search warrant, or if she wouldn't have told me that they just impounded-
State Attorney (03:00:36):
Right.
William Everett Byrnes (03:00:36):
Okay.
State Attorney (03:00:37):
Okay. So impounded her vehicle, right?
William Everett Byrnes (03:00:40):
To strip it down, basically.
State Attorney (03:00:41):
Right. Okay. So you called the police. Did the police respond out or the sheriff's office?
William Everett Byrnes (03:00:47):
It took a few days to get out there, but they said they were going to contact me as soon as they could come out there. I think it was a Friday night, Saturday morning early when we contacted. I believe it was Monday morning when they came out to do the search.
State Attorney (03:01:01):
So let me take you to October 28th, 2024. Were you present when the sheriff's officer from Putnam arrived?
William Everett Byrnes (03:01:10):
I was.
State Attorney (03:01:10):
Did y'all take him to this location right over here where the dirt pile was?
William Everett Byrnes (03:01:14):
We did.
State Attorney (03:01:17):
Did somebody from your farm use that bulldozer? Well, I call it a bulldozer.
William Everett Byrnes (03:01:21):
Skid steer.
State Attorney (03:01:21):
Skid steer. But I'm a city folks, so we'll call it a bulldozer skid steer. Did somebody from your farm use that to move some of the dirt to try and expose what might be underneath?
William Everett Byrnes (03:01:34):
Yes. Robert Rash, who's still employed there. He said, "I'll get on there and run it." Trying to keep the answers shorter here.
State Attorney (03:01:43):
No, you're good. Just trying to keep it tight. So did you watch as he was taking some of the dirt off?
William Everett Byrnes (03:01:48):
I did.
State Attorney (03:01:50):
Did there come a time where you saw something that could have been a body part?
William Everett Byrnes (03:01:55):
I did.
State Attorney (03:01:56):
Where about was it? Was it just in the... You can point it out. Yeah.
William Everett Byrnes (03:02:01):
About right there in that corner. Somewhere in this little five-foot range.
State Attorney (03:02:07):
Did the sheriff's office, once they saw that body part, did they stop and then process it a little different?
William Everett Byrnes (03:02:14):
Yes, sir. Okay, we got to stop. I mean, once I saw that, I said, "I think my part's done here." I walked across the street and Robert got off the machine. We all walked across the street and just kind of waited while it was... See what they needed from us and to talk to them afterwards.
State Attorney (03:03:33):
May I approach the witness, Judge?
Judge (03:03:35):
Yes.
State Attorney (03:03:40):
I'm going to approach you, sir, and show you what's marked as State's N1 through N3. Can you take a moment and look at that, sir? Do you recognize this, sir?
William Everett Byrnes (03:04:27):
Yes, sir.
State Attorney (03:04:28):
Okay. Are these fair and accurate depictions of some text messages with Tina Marie Ellis?
William Everett Byrnes (03:04:33):
They're screenshots that I supplied, yes.
State Attorney (03:04:35):
Okay. Anything changed or altered about these?
William Everett Byrnes (03:04:37):
No, sir. They look exactly how I sent them in.
State Attorney (03:04:40):
Obviously when you sent them in, they were probably smaller.
William Everett Byrnes (03:04:42):
Oh yeah.
State Attorney (03:04:43):
Yeah. Okay. At this time, Judge, the state would move in State's N1 through N3.
Judge (03:04:48):
Any objection?
Mr. Smith (03:04:49):
Judge, it would be the same objection I made at the bench.
Judge (03:04:52):
Overrule objection, it'll be admitted as State's 20.
State Attorney (03:04:58):
I'm going to show you... So did you communicate with Ms. Ellis by cell phone or text at times?
William Everett Byrnes (03:05:05):
I mean, that's how we always talk through text.
State Attorney (03:05:08):
Do you use the rotary phone? I'm showing you what's in state's 20 right here. Is this... Do you mind stepping down again, sir?
William Everett Byrnes (03:05:16):
No.
State Attorney (03:05:17):
Is this a screenshot of your phone communication?
William Everett Byrnes (03:05:21):
That's the contact information, just so I could show which Tina was at the top of the screen, I believe, at the time.
State Attorney (03:05:28):
Okay. And then let's look at on September 11th. Is there some communication between you guys?
William Everett Byrnes (03:05:34):
There is. And I mean, if you could see she would text me and it was at that point I was like, not that I didn't want to be bothered, but the more I engaged, the more she thinks I needed to work kind of thing, just to be honest with you. She'd text me, I'd be like, whatever. And then she texted the next morning to ask me about equipment. And that's like I told you and the jury, we clean ditches that time of the year. She was curious about the equipment that was different. And that's when I responded in the blue and told her that's a different machine.
State Attorney (03:06:04):
Okay. So she's the one in the white and-
William Everett Byrnes (03:06:07):
She's the white. I'm in the blue.
State Attorney (03:06:09):
... the blue. Okay. And then, so basically on September 11th, she's communicating with you. September 12th, around 1:57 PM, she starts talking about the equipment that you have on the farm.
William Everett Byrnes (03:06:20):
The excavator at that time is what she was talking about.
State Attorney (03:06:23):
Okay. And then you say there's a different one. They swapped it out. And then what does she say? It picks up here. "I like your new Bobcat."
William Everett Byrnes (03:06:30):
With skid steer, Bobcat, everybody... A lot of people call them Bobcats, even though it's a Bobcat brand, but that's what she was... The one that was in the picture near the dirt pile.
State Attorney (03:06:39):
Okay. And it says, "I'd like to use it for my new parking spot."
William Everett Byrnes (03:06:43):
I think she said, "I used it for my new parking spot." At the time, if you notice, I was leaving her on red. I wasn't really engaging too much. It didn't register to me until after the fact, and I start going back looking at conversations and I'm like, "Oh, this looks pretty important."
State Attorney (03:06:58):
Now, would it be unusual, if you could explain for the jury, if she made a parking spot where she put all that dirt, does that make any sense?
William Everett Byrnes (03:07:07):
That spot, no. If she had told me I got on a piece of equipment, she has before, there was times I was knocking down trees or putting in drainage pipes and I didn't really particularly love her being on equipment. She wasn't as careful, but she could run it, so it was not unusual for her to say anything like that. None of this was a red flag until after the fact, but the red flag was where the dirt was, and you put dirt where you say you're going to park your car, that doesn't really make any sense.
State Attorney (03:07:35):
Right. Because she would have to drive the car... First off, she'd have to drive the car all the way up on the curb. Okay. And was that anywhere near where you would've ever needed her?
William Everett Byrnes (03:07:44):
I mean, if she would've put it there, if she'd have said, "I moved that dirt from that spot," I wouldn't have thought it was weird. You might've sat there and seen if somebody's pulling down the road. So no, like I said, it's a thousand acres. There's a lot of places to park, so none of it was unusual. None of this was unusual until after the fact.
State Attorney (03:08:01):
You put the pieces together?
William Everett Byrnes (03:08:02):
Yeah.
State Attorney (03:08:02):
So at this time though, back in September, you were saying she wasn't really on your property watching at that time anymore?
William Everett Byrnes (03:08:09):
Not much. I got to the point where I told her I couldn't afford to pay you if you... She was living in Putnam County and going back and forth to St. Augustine every night. You want to swing in for 10 or 15 minutes, that's okay. But I don't need you out here because I can't afford to pay you.
State Attorney (03:08:24):
So there'd be no reason for her to be out there for hours upon hours?
William Everett Byrnes (03:08:28):
No. No, sir.
State Attorney (03:08:33):
Okay. Thank you, sir.
William Everett Byrnes (03:08:33):
May I have some water, Judge?
Judge (03:08:33):
Yes, sir.
State Attorney (03:08:46):
No further questions, Judge.
Judge (03:08:48):
All right. And Mr. Smith?
Mr. Smith (03:08:54):
I have no questions.
Judge (03:08:56):
All right. Thank you, sir.
Bailiff (03:08:57):
Have a good day.
Judge (03:09:12):
All right. So at this time, it is 12:10, and so we'll go ahead and put you on your lunch break. Is 1:15 too soon to come back? That's like an hour and five minutes. You'd go back to the jury lounge where you checked in this morning. Everyone would get checked in, use the restroom, leave your devices in your vehicle, and then walk you back over like in the morning. Is that soon enough or do you want an extra 15 minutes, 1:30? I don't know if anybody has plans to go really far.
Speaker 14 (03:09:50):
[inaudible 03:09:52].
Judge (03:09:53):
Okay. So leave your jury badges on your chair. Remember, don't talk to anybody about the case. Don't research anything about the case. If anybody talks to you, get one of the deputies and let people know that you can't hear anything about this case. Any questions? All right, so 1:15, back at the jury lounge.
Bailiff (03:10:14):
All rise. The jury is existing the courtroom.
Clerk (03:10:14):
[inaudible 03:10:15] leave them on the seat [inaudible 03:10:35]. Thank you, ladies and gentlemen.
Speaker 15 (03:24:00):
(silence)
Judge (04:20:51):
You can all be seated. All right. Did we get everyone through? Is everyone in that's coming in?
Speaker 16 (04:20:58):
There's still a few more to process.
Judge (04:21:05):
About how many more? I don't want them to run into jurors over there. We have all our jurors.
Speaker 16 (04:21:08):
[inaudible 04:21:09] about three or four. They're coming in right now [inaudible 04:21:09].
Judge (04:21:09):
Okay.
Speaker 16 (04:21:09):
We got about two more people, Judge.
Judge (04:21:23):
Okay.
Speaker 16 (04:21:23):
About two more.
Judge (04:21:23):
Oh, you got to bring her out too.
Speaker 16 (04:23:46):
Yeah, that's what I'm saying.
(04:23:46)
Judge, can I bring up one thing? I was notified that when we go sidebar, Zoom is not muted, so they're hearing our sidebar conversations. So just so when we go sidebar, we might want to do that.
Judge (04:24:09):
All right. So is everybody that's coming in like there's no other spectators out? All right. So I'm not sure of who, if all of you were here this morning for the court's admonitions to make sure that you don't interact with any jurors. Make sure that you hold your emotions, don't outwardly react to anything. We want the jury focused in on the evidence that's being presented. If you feel like there's some evidence that is particularly emotional for you, I'd ask that you quietly step out. Now, this morning, there was quite a bit of in and out, and so that becomes distracting. We don't want the juries to turn away from this because they're paying attention to who's going in and out the door.So if you're leaving because you can't hold your emotion or you don't think you can take a particular thing, I'm fine with that. But just going in and out for no reason at all, I'd ask that you try to minimize that as much as possible.
(04:25:21)
State, Defense, if I can have you approach. The other thing is we have family members, I'm presuming, predominantly appearing via Zoom. I guess that might be some people that don't live here. And so what I've requested is they keep their devices muted and then keep their video off because we're giving them the Zoom access just to allow them to be present at the trial. Oh, and also for the people on Zoom. So once we start the presentation mode, I just don't want to take the chance of messing up any of this equipment by going back and forth. So when I go to presentation mode, I won't turn the big monitors back on the Zoom mode anymore. For the people on Zoom, you can select to view the multi-view choice, the one that says, I think it's called Division 52. If you pin that on your devices, then you'll get that panoramic view of the different sections of the courtroom.
(04:31:32)
But I won't be using the big monitors to give you that access anymore because I froze when we had the issue with the one. I was like, oh, I hope we don't start having technical issues-
Speaker 17 (04:35:53):
All rise. The jurors are in the courtroom.
Speaker 18 (04:36:38):
All right, you can all take a seat. So it was recorded by the jury coordinator over there, that two of you reported hearing some discussions about this case. Is there anyone here... Well, first let me identify the two that talked to the witness coordinator about hearing people in the hallway next door, talking about the case. So that would be Ms. Mulligan?
Speaker 19 (04:37:14):
I did not hear what was said.
Speaker 18 (04:37:15):
No, no, no, no, no. I'm not going to ask you what was said. I'm just trying to identify the two people first.
Speaker 19 (04:37:19):
Okay.
Speaker 18 (04:37:20):
Okay? So that's Mulligan and who else? Anne White. All right. Did anyone else hear anything about this case or come across anybody talking about the case in your presence?
Speaker 19 (04:37:34):
No, ma'am.
Speaker 18 (04:37:34):
All right. So if I can have everyone, other than Mulligan and White, go back to the jury room and then I'll... And actually, let me have everybody except Mulligan, and then Ms. White, we'll call you back out when we're done with Ms. Mulligan.
Speaker 17 (04:37:48):
All rise. The jury's exiting the courtroom.
Speaker 18 (04:37:52):
Yeah, you said. He's trying to get past here.
Speaker 17 (04:38:02):
Do you just want to push the door? Yeah, push the board.
Speaker 18 (04:38:29):
Yeah.
(04:38:29)
All right. All jurors except Ms. Mulligan have been excused and so, can you tell us what you observed?
Speaker 19 (04:38:37):
We were coming out of the bathroom. The hallway was filled with people. We got past the hallway full of people, two thirds through, and that juror relayed to me what she heard.
Speaker 18 (04:38:52):
Okay. And then what-
Speaker 19 (04:38:52):
I did not hear it.
Speaker 18 (04:38:54):
Okay. And then what did she relay? And that's the reason why I said, "No, let's let everybody go out."
Speaker 19 (04:39:00):
The hallway that was filled there, she said they were standing at the window, talking about the juror, saying, "They need to do that to her." That's all I heard her say and I didn't hear it being said.
Speaker 18 (04:39:16):
They need to do what to her?
Speaker 19 (04:39:21):
That's all I got.
Speaker 18 (04:39:23):
All right. Now, can you disregard those comments and not consider them, as you continue to see the evidence that's presented, and when you go back to deliberate? Can you disregard that?
Speaker 19 (04:39:41):
Yes, because I didn't even think it was reportable, and then she relayed it to the officer.
Speaker 18 (04:39:47):
Okay. Did you observe Ms. White relay it to anyone else other than you and the clerk?
Speaker 19 (04:39:59):
I can't say for sure, because there was a lot of... There's talking in the room and I normally sat off to the side, because I [inaudible 04:40:11].
Speaker 18 (04:40:10):
Okay. State, do you have any follow up questions?
Speaker 20 (04:40:14):
No, ma'am.
Speaker 18 (04:40:15):
And defense?
Speaker 21 (04:40:22):
Do you know who she was referring to when she said her?
Speaker 19 (04:40:24):
No.
Speaker 21 (04:40:24):
I have no other questions.
Speaker 18 (04:40:30):
All right. So please don't talk to the other jurors about anything we've discussed out here today, just now. And then we will let you go in the back and then we'll you bring Ms. White out?
Speaker 17 (04:40:44):
Yes, ma'am. Ms. White?
Speaker 18 (04:40:50):
You can leave that notebook there.
Speaker 19 (04:40:51):
Oh, right.
Speaker 18 (04:41:00):
All right, Ms. White, you can have a seat.
(04:41:08)
All right. Can you tell me whether or not, since we left and released you during lunch break, whether you heard anyone talking about this case?
Ms. White (04:41:19):
When I came out of the bathroom, there was some ladies pointing out the window. So I looked out the window and I guess they were pointing at this facility, and then down through the hall, they were just talking about what they heard on the news. They started talking that they had been here before when something was going on in this courthouse.
Speaker 18 (04:41:44):
But did you hear them say anything specific about this trial, the evidence in this trial, the people involved in this trial, et cetera?
Ms. White (04:41:53):
They didn't say any names. They just said that there was a court case going on now, and about a lady, they didn't say that. And they said that she was guilty. They thought that she was guilty.
Speaker 18 (04:42:13):
Okay. And then, did you relay that to any of the other jurors?
Ms. White (04:42:17):
No.
Speaker 18 (04:42:19):
And then you reported it to the court staff?
Ms. White (04:42:23):
Yeah. I just said they were talking in the hallway. I didn't know I was reporting it, but I guess that's what I did.
Speaker 18 (04:42:32):
Okay. And are you able to disregard any statements that you heard those people say and remain seated as a juror on this case?
Ms. White (04:42:42):
Yes, ma'am.
Speaker 18 (04:42:43):
Do you understand that what was said is not evidence in this case?
Ms. White (04:42:47):
Yes.
Speaker 18 (04:42:49):
But are you impacted by it in any way?
Ms. White (04:42:51):
No.
Speaker 18 (04:42:53):
State, do you have any additional questions?
Speaker 20 (04:42:55):
No, ma'am.
Speaker 18 (04:42:56):
And defense?
Speaker 21 (04:42:59):
You were kind of hard to hear, because of the white noise over there. Did you say that they were pointing over here and saying they thought she was guilty?
Ms. White (04:43:06):
That is what they said.
Speaker 21 (04:43:12):
Okay. And so, when you go back to deliberate, are you going to be concerned about maybe what people around here in Putnam County are going to think about the decision you make?
Ms. White (04:43:21):
I don't live around here. I mean, I live in Putnam County, but I'm coming [inaudible 04:43:29]. I don't know anybody.
Speaker 21 (04:43:30):
Well, I mean, so you're not concerned that someone hears that you were maybe on this jury that you're worried about what would happen based on whatever decision you made?
Ms. White (04:43:37):
You would know that.
Speaker 21 (04:43:40):
I'm just saying if it gets out, you're not going to be thinking about that. So if you're back there deliberating after it goes to your deliberations, are you going to be thinking at all about hearing these people saying, "I think she's guilty," and whether you should make a decision like them, just based on that feeling?
Ms. White (04:43:56):
No.
Speaker 21 (04:44:00):
I have no other questions.
Speaker 18 (04:44:04):
All right. State, no follow up based on that?
Speaker 20 (04:44:06):
No, ma'am.
Speaker 18 (04:44:07):
All right. So if you would just go in the back for a second, Ms. White.
(04:44:09)
All right. And any matters that either the state or the defense want to take up prior to bringing the full panel back out?
Speaker 20 (04:44:24):
Nothing from the state, judge.
Speaker 21 (04:44:28):
Judge, I would like to strike juror, Ms. White. You asked her if she had told anybody else. The other juror said she told her, and she said, "No, I didn't tell anybody else except the jury coordinator."
Speaker 20 (04:44:42):
Judge, I would object to that. I think she meant when you went back there, she don't even bring her back out. Did you talk to this juror as you were going right back into the room and say they said something. Obviously the other juror said she didn't receive much information at all, just heard that they were talking about this case and that was it. So I don't think it's grounds to excuse her at this moment, judge.
Speaker 18 (04:45:06):
I think what's in the back of my head is I'd hate to create a contentious relationship between two jurors, bringing her back out and saying, "Hey, did you tell Ms. Mulligan this specific thing?"
Speaker 21 (04:45:25):
I mean, I think we could do it in a careful way and say, I think when I asked that question you might have thought if you discussed it back in the room with the jurors. My understanding is you might have talked to one of the jurors when you're just walking back and mentioned those folks were talking about it in a non-confrontational way. I don't think that would...
Speaker 20 (04:45:39):
Because what Mr. Lewis thinks is not confrontational, she may take as confrontational. I mean, we have two alternates for a review. So just in an abundance of caution, we would request that you strike Ms. White and we could just move forward by slotting in one of the alternates and continuing. I'm not moving for a mistrial or anything like that, so we don't have to be concerned that maybe they could be contentious during deliberations.
Speaker 18 (04:46:12):
I'll pull her back out and try. Let's see where it goes. If you can bring Ms. White back out.
Speaker 17 (04:46:19):
Ms. White?
Speaker 18 (04:46:30):
You didn't know we'd be talking to you so much, huh?
Ms. White (04:46:33):
I did not. I didn't know what I was doing when I just was making [inaudible 04:46:42].
Speaker 18 (04:46:43):
When you were relaying what you heard from these women that were in the window, pointing to this court facility, were any of the other jurors right near you when you were doing that?
Ms. White (04:47:03):
We were just walking out of the bathroom and Molly was ahead of me. And that was the other juror that was here. She was ahead of me.
Speaker 18 (04:47:13):
And so, when you said it, was it where... And Molly is juror number five.
Ms. White (04:47:25):
I didn't say anything. I just said they were talking down in the hallway. That's all I said. I said nothing to anybody about what they said, because it wouldn't seem logical to do that.
Speaker 18 (04:47:33):
But at the time that you were making the statements, Ms. Mulligan was right in front of you?
Ms. White (04:47:39):
You mean when I told the guy that was taking our names?
Speaker 18 (04:47:45):
Whenever you made the statement that the women were pointing to the building, what is the best that you can recall were the statements that you made?
Ms. White (04:47:56):
At the jury room.
Speaker 18 (04:47:59):
And who was immediately in your presence when you made the statement?
Ms. White (04:48:02):
The guy in the green shirt, taking our names.
Speaker 18 (04:48:06):
And did you ever, at any point, directly say to Ms. Mulligan what the people told you or what you overheard them saying at the window?
Ms. White (04:48:18):
It think I just said they're talking about them in the hallway.
Speaker 18 (04:48:21):
So that's something that you directed to her?
Ms. White (04:48:23):
I did, yes, on the way out, on the way in the hallway.
Speaker 18 (04:48:27):
Okay. All right. State have any questions based on my questions?
Speaker 20 (04:48:31):
Not at all, judge.
Speaker 18 (04:48:32):
And defense?
Speaker 21 (04:48:33):
I have no questions.
Speaker 18 (04:48:34):
All right. Thank you. You can step back.
(04:48:49)
All right. And the defense still makes the motion?
Speaker 21 (04:48:52):
Yes.
Speaker 18 (04:48:52):
All right. And state?
Speaker 20 (04:48:53):
Still object, Judge.
Speaker 18 (04:48:54):
All right. So based on her answers, I don't believe that she was untruthful. She indicated that she made the statement. She's clarified now that she spoke to Ms. Mulligan, and so I'll deny the defense's request to strike her as a juror. So other than that, are we ready to proceed?
Speaker 20 (04:49:12):
State is ready. Yes, ma'am.
Speaker 18 (04:49:13):
Do you have your next witness lined up?
Speaker 20 (04:49:15):
We have four witnesses here. Yes, ma'am.
Speaker 18 (04:49:17):
All right. Do you want to go and get them, so that once we get them seated, we're ready to go?
Speaker 20 (04:49:23):
Yeah. Do you want all of them to come in and get sworn?
Speaker 18 (04:49:26):
I can do that.
Speaker 20 (04:49:27):
Or we can get-
Speaker 18 (04:49:28):
No, you know what? We don't have to do that. Just call the one that you're going to call. Okay.
(04:49:30)
All right. So we'll go ahead and bring them in.
Speaker 17 (04:49:37):
All rise. The jury's in the courtroom. Come on.
Speaker 18 (04:50:15):
All right. And then everyone can be seated. And then state, you can call your next witness.
Speaker 20 (04:50:21):
State will call Christy Voor.
Speaker 18 (04:50:22):
Can you raise your right hand? Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, the whole truth, and nothing but the truth, so help you God?
Christy Voor (04:50:45):
Yes, ma'am.
Speaker 20 (04:50:51):
Good afternoon, ma'am. Will you please state your name for the record?
Christy Voor (04:50:54):
My name is Christy Voor.
Speaker 20 (04:50:55):
And what is your current position?
Christy Voor (04:50:58):
I am currently a civilian crime analyst with the Clay County Sheriff's Office.
Speaker 20 (04:51:02):
And what does a crimes analyst do?
Christy Voor (04:51:06):
We assist in investigations with background work, photo lineups, workups on subjects of interest, facial recs, that kind of thing.
Speaker 20 (04:51:17):
Now, are you a sworn law enforcement officer?
Christy Voor (04:51:19):
No, sir. I'm not.
Speaker 20 (04:51:20):
Now, back in 2024, were you still working with Clay County Sheriff's?
Christy Voor (04:51:26):
Yes, sir.
Speaker 20 (04:51:27):
And what was your position then?
Christy Voor (04:51:28):
I was a civilian crime scene technician, and I was also a civilian canine handler.
Speaker 20 (04:51:33):
So what exactly does a crime scene technician do?
Christy Voor (04:51:37):
A crime scene technician's main job is to document a scene. We photograph, we collect any evidence of evidentiary value. We do have a crime lab at Clay County that we process for fingerprints and DNA, that kind of thing.
Speaker 20 (04:51:51):
And at that time, how long had you been working as a crime scene technician?
Christy Voor (04:51:55):
In 2024, 11- ish years.
Speaker 20 (04:52:01):
And tell us a little bit about your training and education to be a crime scene tech.
Christy Voor (04:52:06):
We require a four-year degree, and we also have a lot of in-house training. There is school that we go to, but most of it is on scene, hands-on training.
Speaker 20 (04:52:20):
Now, did you say you also worked back in 2024 as a canine handler?
Christy Voor (04:52:27):
Yes, sir.
Speaker 20 (04:52:27):
Tell us a little bit about that position. What were your duties? What did that involve?
Christy Voor (04:52:33):
So I recognized a need in my agency for an HRD, which is human remains detection canine. At the time that I came up with the idea, we had already requested, it's a cadaver dog, it's the same thing, twice in one summer. So I saw the need in my agency for us to have one. I did the research, did the proposal. The sheriff said, "Great." And I started training. I did a 240- hour handler and detector school, and I trained with my canine unit weekly, did a lot of training.
Speaker 20 (04:53:12):
Now, does that training require proficiency requirements?
Christy Voor (04:53:17):
Yes. We were not allowed to be called out onto a case or a scene until we were certified, so we did have to get a certification and a certification had to be renewed every year.
Speaker 20 (04:53:28):
Okay. And tell us about the canine you were assigned to back in 2024. What was its name and what was the training process for that particular canine?
Christy Voor (04:53:39):
K9 Goliath is a black lab, and we would... This sounds terrible. We would have to procure real body parts, real tissue, real bones in order to train him in the best way, because we cannot expect K9 Goliath to alert on anything that he has not been trained to alert on. And HRD is one of the most difficult things for a dog to learn, because if you think about it, there are so many different levels of decomposition. Not only that, you have, was the victim in the water? Was the victim buried? Well, how long have they been buried? Were they hanging? It's very, very... It's a lot. So he had to be trained on as much of that as we could.
Speaker 20 (04:54:39):
How long is that process to train a dog to be a cadaver dog?
Christy Voor (04:54:44):
We got him... I mean, he has a very, very high drive, so he was very easy to train, but like I said, getting the different training aids was actually the most difficult part, but I mean, he was ready to go after we got certified.
Speaker 20 (04:55:07):
Now, did Goliath also have to participate in a recertification process?
Christy Voor (04:55:12):
Oh, yes. Yes. He was the main star. Certification included, could he find the training aids in water, buried, hanging on the ground, all of those things he had to pass in order for us to get certified.
Speaker 20 (04:55:31):
Is he taught to distinguish from animal remains, from human remains?
Christy Voor (04:55:37):
Yes, sir. If he alerted on animal remains, that was an automatic disqualification for the certification.
Speaker 20 (04:55:49):
Okay. And what is Goliath or any human remains dog, canine, what are they trained to alert to when they're searching for a body? What are they trained to alert?
Christy Voor (04:55:58):
So the body begins to decompose almost immediately after death, and the body releases organic vapors, and those vapors are what he is trained to find.
Speaker 20 (04:56:14):
Okay. And when he detects these vapors, how does he alert his handler that he's detected this?
Christy Voor (04:56:22):
He sits.
Speaker 20 (04:56:24):
Now, were you working back that time period of September, October 2024?
Christy Voor (04:56:30):
Yes, sir.
Speaker 20 (04:56:32):
Do you recall being contacted by the Putnam Sheriff's Office to assist with this investigation?
Christy Voor (04:56:37):
Yes, sir, I was.
Speaker 20 (04:56:38):
And what were you asked to do?
Christy Voor (04:56:41):
The first phone call that I received, I was asked to meet detectives in a big wild... Not a wildlife. It was a big reserve park place, several 100 acres big, that they requested us to come and search.
Speaker 20 (04:57:02):
Was this Dunns Creek?
Christy Voor (04:57:03):
Yes, sir, it was.
Speaker 20 (04:57:07):
Okay. And you kind of describe it as a big, big area. Was it a wooded area?
Christy Voor (04:57:11):
Mostly wooded, yes, sir.
Speaker 20 (04:57:16):
And what were you and Goliath requested to do?
Christy Voor (04:57:17):
When we first got there, some of the detectives had found some bones and some clothing, and they had already bagged it up, and brought it to us at the gates, and Goliath did not alert on any of those items, and I believe it turned out that the bones were actually animal bones. They also told me that they found a shoe print in there, that they wanted us to go sniff around a little bit, but that was also a place where people went to hunt and it was open to the public.
Speaker 20 (04:57:50):
So nothing of evidentiary value was recovered or detected at that time?
Christy Voor (04:57:54):
No, sir.
Speaker 20 (04:57:54):
Okay. And were you aware at the time that this was a missing persons case?
Christy Voor (04:57:58):
Yes, sir.
Speaker 20 (04:58:03):
Okay. Was this September 24th, when you were first requested to provide aid?
Christy Voor (04:58:09):
Yes, sir.
Speaker 20 (04:58:09):
Okay. Do you recall on October 28th of 2024, again, being requested by Putnam Sheriff's Department, specifically Lieutenant or Detective Fussell, to further assist with this investigation?
Christy Voor (04:58:31):
Yes, sir.
Speaker 20 (04:58:31):
Okay. What were you requested to do or where were you requested to go first?
Christy Voor (04:58:38):
At first, it was first thing in the morning, I was requested to go to the victim's residence.
Speaker 20 (04:58:42):
And was this the residence at 128 Keystone?
Christy Voor (04:58:44):
Yes, sir.
Speaker 20 (04:58:45):
Okay.
Christy Voor (04:58:49):
I was asked to have Goliath search the... It was about one to two acre property, to see if he had any kind of change of behavior.
Speaker 20 (04:58:58):
Was anything located that morning when you went to the victim's property?
Christy Voor (04:59:04):
No, sir.
Speaker 20 (04:59:04):
Okay. Now, later on the same day, October 28th, 2024, did Detective Fussell ask you to assist at another location?
Christy Voor (04:59:16):
Yes, sir.
Speaker 20 (04:59:17):
And was that second location, was that 880 Hastings, Federal Point Road?
Christy Voor (04:59:21):
Yes, sir.
Speaker 20 (04:59:22):
Okay. About what time of day did you arrive at that location?
Christy Voor (04:59:26):
We were at the first location for a couple hours, and we met at around 8:00 in the morning, so it was later in the morning, before lunchtime.
Speaker 20 (04:59:35):
The secondary location, can you kind of describe the property for us a little bit?
Christy Voor (04:59:40):
The area was actually fairly small, and if we're facing into the area from the road, to the right was a big field, a farming field, and then to the left, I believe, was an automotive repair store, and the land I believed belonged to a gentleman that I believed worked or owned the auto repair store, but it was a small area. There was a big dirt pile kind of in the center, and then there were trees surrounding this little alcove, and then on the back left, there was an abandoned shed. It wasn't big enough to be a house, really, but it was a little bit bigger than a shed, a wooden structure.
Speaker 20 (05:00:27):
Okay. And would you characterize this area as kind of a remote or rural area?
Christy Voor (05:00:32):
Yes, sir, I would.
Speaker 20 (05:00:35):
You mentioned a dirt pile. About how high was this dirt pile?
Christy Voor (05:00:39):
I am right under five feet, and it came to about chest level, I believe, to me.
Speaker 20 (05:00:43):
Okay. Now, explain or walk us through how you had K9 Goliath search that area. What did he do or what did you have him do first?
Christy Voor (05:00:55):
Yes, sir. I let Goliath off lead so he can run around and do his thing. He did air sniff, where he lifts his nose up in the air trying to find a scent, and I did observe a very specific, very quick change of behavior for him, and he actually went to the structure in the back left, and he kind of pushed under the house a little bit, and I did look there. I didn't see anything disturbed. However, I did tell the sergeant that I was with, I said, " I do believe there is something in this area." But understand that odor does travel. If you put a pie out in the window, in your kitchen, you're going to smell that no matter if you're outside or in any room. It's odor, it does travel. So I believe that some odor got... I couldn't smell anything, but he definitely smelled something and he started to go onto the house.
(05:01:58)
And so, what I did is I called him back and we started to work the small area. He got on top of the dirt pile and still had that very specific change of behavior, where his tail moves from this way, to where it kind of circles. And that's very telling that he does have odor. He was in odor at the time.
Speaker 20 (05:02:21):
So once you realized he's detecting this odor that's in the area, and as you just said, odor or the smell can travel. So just because he may have been excited about an area under the shed doesn't necessarily mean something's under there. Is that kind of accurate?
Christy Voor (05:02:35):
Correct. But I did believe we were in the area.
Speaker 20 (05:02:41):
Okay. At some point while Goliath was kind of indicating he's picking up something, do you remember seeing dirt from this dirt pile slowly being removed?
Christy Voor (05:02:53):
So there was a gentleman or two on scene that, again, owned the property, and there was a backhoe. I believe it was a backhoe. And he asked me, he said, "Can I move the dirt for you, so you can search this dirt pile?" And I said, "Yes, sir, that would be great." So he began removing the dirt kind of layer by layer. And after a few passes, I would stop him and let Goliath again search the dirt pile. And we continued until the dirt was about ground level. And at the time, the gentleman on the backhoe said, "I smell something." I did not smell anything. We were standing towards the left of the pile and it was a really dark brown rich soil. I did observe something white, small and white, over on the right and I moved towards it and I saw that it was a single maggot.
Speaker 20 (05:03:58):
Okay. And as more dirt was removed, did Goliath start getting more excited in his response?
Christy Voor (05:04:08):
Yes, sir.
Speaker 20 (05:04:08):
Okay. And essentially, as dirt was removed, was some level or some human remains revealed, or what was suspected to be human remains, revealed?
Christy Voor (05:04:22):
Yes, sir. It was really small and it was white in color. I could not tell. It looked to me either possibly a heel or an elbow was coming up out of the ground. I did approach it and look at it and I said, "Yes, this does appear to be human." And at that point we stopped. I took Goliath over to the field on the right and rewarded him and played fetch with him, so he knew he was the goodest boy.
Speaker 20 (05:04:50):
Now, essentially as the dirt's being removed, we're not talking about a deep grave. It's just kind of more of a, would you characterize it as maybe a shallow grave?
Christy Voor (05:05:01):
Yes, I would. Yes sir.
Speaker 20 (05:05:05):
Okay. So mostly the remains would be just below the ground level?
Christy Voor (05:05:08):
Yes sir.
Speaker 20 (05:05:08):
Okay. Then this big pile of dirt was on top of it at one point?
Christy Voor (05:05:11):
Yes sir.
Speaker 20 (05:05:11):
Okay. And then at that point, did you indicate to Detective Fussell you were done?
Christy Voor (05:05:18):
Yes sir.
Speaker 20 (05:05:19):
And you ended your involvement?
Christy Voor (05:05:22):
Yes sir, I did.
Speaker 20 (05:05:22):
Okay.
(05:05:22)
Thank you, your Honor. Nothing further.
Speaker 18 (05:05:22):
Dwight, any questions?
Speaker 21 (05:05:22):
Ms. Voor, you went to the wildlife management area on September 24th, I believe, right?
Christy Voor (05:05:43):
Yes sir.
Speaker 21 (05:05:44):
Okay. Did you also take Goliath from the stable that was across the street, into the management area?
Christy Voor (05:05:51):
We did not leave the management area, but we went to the gate that was just directly across the street from the stable, and I started to have him-
Speaker 24 (05:06:00):
... was just directly across the street from the stable and I started to have him search the nearby trails from the gate.
State Attorney (05:06:07):
Okay. And he did not hit on anything?
Speaker 24 (05:06:09):
No, sir.
State Attorney (05:06:10):
All right. I have no other questions.
Judge (05:06:14):
Okay. Any redirect?
State Attorney (05:06:16):
No, Your Honor. Thank you.
Judge (05:06:17):
All right. Thank you.
Speaker 24 (05:06:18):
Thank you.
State Attorney (05:06:27):
Judge, the State would call Erin Morris.
Speaker 23 (05:06:29):
Can you raise your right hand for me? Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, the whole truth, nothing but the truth, so help you God?
Erin Morris (05:06:58):
I do.
State Attorney (05:07:10):
Good afternoon.
Erin Morris (05:07:11):
Good afternoon.
State Attorney (05:07:14):
Could you please introduce yourself to the jury? Spell your last name.
Erin Morris (05:07:17):
Yes. My name's Erin Morris. The last name is spelled M-O-R-R-I-S.
State Attorney (05:07:22):
Where do you work, ma'am?
Erin Morris (05:07:23):
The Florida Department of Law Enforcement.
State Attorney (05:07:25):
What do you do there?
Erin Morris (05:07:26):
I'm a senior crime laboratory analyst in the crime scene investigation section.
State Attorney (05:07:30):
So we talked to Mr. Dahan, you're like a CSI sort of in-
Erin Morris (05:07:32):
Yes.
State Attorney (05:07:33):
Okay. Can you tell us a little bit about your experience in crime scene work?
Erin Morris (05:07:40):
Absolutely. So prior to becoming employed at the Florida Department of Law Enforcement, I was previously a crime scene technician at the Clay County Sheriff's Office. I started that career there in 2010 and continued employment in the crime scene section until the spring of 2019 when I switched over to FDLE.
State Attorney (05:07:59):
What kind of training did you receive to become a crime scene technician?
Erin Morris (05:08:02):
For Clay County?
State Attorney (05:08:03):
Yes. And just combining Clay County and FDLE.
Erin Morris (05:08:06):
Sure. Okay. A lot.
State Attorney (05:08:07):
Make it easy.
Erin Morris (05:08:08):
So for Clay County Sheriff's Office, aside from the field training, which we do in-house for the sheriff's office, we also were required to take four external classes that accumulated about 40 hours each through an external agency. So in this case, the classes were usually done through the Institute of Police Technology and Management. With the Florida Department of Law Enforcement, they have their own certification process, which is a training program that lasts about a year and a half. It consists of modular training for the first phase, which each module is a series of discussions, practical exercises, and usually results in some form of assessment, whether it's an oral assessment, written assessment, or a series of practical assessments, which include mock scenes.
(05:08:51)
Once those modules are completed, we move into what's called phase 2, which is supervised case work where we then attend scenes and basically work it as our own under the observation and supervision of a certified analyst. Once that phase is complete, we then move into the final phase, which is a mock trial, which is just like we would be doing today and practicing testimony before we're able to go and do casework on our own.
State Attorney (05:09:17):
And how many scenes do you think you've worked in your career in the last 19 years, give or take?
Erin Morris (05:09:21):
Oh, goodness. Thousands.
State Attorney (05:09:24):
All right. And how many homicide scenes do you think you've worked?
Erin Morris (05:09:27):
Probably around 500.
State Attorney (05:09:29):
Is that the main thrust of what FDLE does now?
Erin Morris (05:09:32):
Yeah. So FDLE, especially our region in Jacksonville, we cover 13 counties in Northeast Florida. So just due to the volume of calls and the amount of people we have in our section, we usually only respond to major cases, unless there's a specific circumstance, we can then go and help the agencies that request us.
State Attorney (05:09:49):
Excellent. If I could bring your attention to October 28th, 2024, were you on call that day?
Erin Morris (05:09:57):
I was.
State Attorney (05:09:57):
Or at work? Were you notified to come out to, I guess it would be Hastings, to see about assisting Putnam County Sheriff's Office?
Erin Morris (05:10:06):
Yes, I was.
State Attorney (05:10:07):
Do you know about what time you received a call or what time you started heading out?
Erin Morris (05:10:10):
It was not long before lunchtime, if I remember correctly. Okay.
State Attorney (05:10:16):
And where were you asked to respond to?
Erin Morris (05:10:17):
So it was a parcel of property in Hastings, Florida. I believe the address was around 880. I think it was Federal Point.
State Attorney (05:10:24):
Okay. And did you respond out there with anybody else?
Erin Morris (05:10:27):
Yes. So I had one trainee that came with me as well as a forensic technologist.
State Attorney (05:10:34):
When you arrived out there, I guess driving from Jacksonville Regional Operations Center down to that location is what, about an hour?
Erin Morris (05:10:42):
Yeah, that's right but it depends on traffic.
State Attorney (05:10:44):
Depends on... Sure. Will you just speed through? No, I'm just kidding. When you get on scene first, who do you talk to? Not what they tell you, but generally, but what do you talk to them about and why is the purpose of talking to them?
Erin Morris (05:10:58):
So aside from the initial call out, we usually are able to obtain a little bit of information about what the scene is like and where we're going. So once we arrive on scene, we'll make contact with usually the lead detective or one of their supervisors to kind of give us an idea of what information they've obtained about the scene before we start getting to work and making a plan.
State Attorney (05:11:19):
In your line of work, is it important for you to have a context to know what you're looking for, what you're searching for in order to tailor your investigative approach?
Erin Morris (05:11:27):
Correct. So in this case, we were informed that... We knew we were going outside and that they potentially had located an area of buried human remains. So in that case, we are ensuring that we are loading and stocking our vehicle to have that type of equipment as well. And then when you arrive on scene, we kind of are able to get an idea of the lay of the land, to know what to take out of the truck to begin processing the scene.
State Attorney (05:11:51):
And in your career, you've had experience with human remains that have been buried and having to remove them from locations?
Erin Morris (05:11:56):
Yes, I have.
State Attorney (05:11:57):
May I approach the witness, Judge?
Judge (05:12:09):
Yes.
State Attorney (05:12:10):
Ma'am, I'm going to show you what's marked as P1 through P42. I know you've seen these before, so you can flip through quickly-
Erin Morris (05:12:18):
Sure.
State Attorney (05:12:18):
... and see if you recognize them.
Erin Morris (05:12:39):
Yes, I do.
State Attorney (05:12:41):
Are those fair and accurate depictions of what the area looked like on October 28th, 2024 when you went out to that location?
Erin Morris (05:12:48):
Yes, they are.
State Attorney (05:12:49):
Anything seem to be changed or altered in those photographs?
Erin Morris (05:12:51):
No.
State Attorney (05:12:52):
Judge, at this time, the State would move in State's P1 through P42.
Judge (05:12:57):
Any objection?
Speaker 25 (05:12:57):
No objection.
Judge (05:13:00):
It'll be entered as State's 21.
State Attorney (05:14:19):
Judge, may I get the podium please?
(05:14:19)
Can I get you just to hit back and forth and we'll get lucky?
Judge (05:14:20):
[inaudible 05:14:27].
State Attorney (05:15:18):
I'm going to let that restart, Judge. Hopefully that'll fix the problem and we'll just keep talking.
Erin Morris (05:15:22):
That's fine.
State Attorney (05:15:26):
So describe the area or the scene when you arrived, what you observed when you got there, ma'am.
Erin Morris (05:15:32):
Sure. So once I arrived on scene, the parcel of property had a skid steer and what looked like more of a vacant or an older kind of abandoned property or residence kind of tucked in the back. Towards the front yard and sort of the side yard area, you could tell that the amount of dirt and surface soil had been moved and sort of pushed around to the edges of the property.
State Attorney (05:15:56):
Were you able to see anything initially when you got there that could have been a body part?
Erin Morris (05:16:02):
So we were notified by the agency when we arrived that a cadaver dog had been run through the area and had alerted on a specific area near the surface of the soil. I was directed to that area and we were able to observe what did appear to be a little bit of fleshy material towards the surface of the area.
State Attorney (05:16:27):
What's the first thing you did after talking to the detectives? How do you process the scene? What the steps you take?
Erin Morris (05:16:33):
So usually on any crime scene, once we arrive, the first thing we want to do is document the area to ensure that we can kind of preserve it, in essence, the way it was when we arrived on scene. So usually that's through photographs. We also tend to do laser scanning. We have a device called a FARO 3D laser scanner, which we were able to set up and utilize on scene throughout processing.
State Attorney (05:16:58):
How do you process a scene with photographs like a scene like this? Do you work from the outside in or what's the method that you would've used in this case?
Erin Morris (05:17:07):
Yeah, so typically any movement in the scene, you want to start from the outside and work to the inside. That sort of just helps with a little bit of preservation, because anytime you take a step forward, I'm then maybe changing or altering that area. So photographs are typically taken from the outside and then we work our way into the scene kind of towards the main area that we're interested in. So in this case, that would've been the location where the possible remains were located.
State Attorney (05:17:56):
After taking the photographs, how do you go about processing a scene like this? Do you just get a shovel out and just start digging aggressively or what do you do?
Erin Morris (05:18:04):
No, not quite. So once our overall photographs are taken and we've documented the area as is, for buried remains, we will usually kind of cover the area with a metal detector. That sort of gives us an idea if there's any potential evidence near the surface that we may want to have of interest as we kind of sift through the soil. So once the area of interest is identified, we'll usually mark it with some sort of measuring device, whether that's setting up a grid or a tape line or some other markers so we can kind of work off of that area and continue to measure in evidence as we find it. As we begin the excavation and remove soil from the area, we're then putting it into buckets that we bring with us and we're able to sift and identify if there's any material within that soil that was removed from the grave site.
Speaker 25 (05:18:51):
[inaudible 05:19:05].
State Attorney (05:19:05):
Yeah, thanks Mike. Okay. So we'll get into that in a second. Did you process this with the sifts and try and-
Erin Morris (05:19:23):
Yes. So we actually had Putnam County Sheriff's Office detectives as well as some St. John's County Sheriff's Office crime scene personnel come and assist us with the sifting since there was so much dirt that had already been removed from the surface soil.
State Attorney (05:19:39):
As you started digging down and sifting through, what did you observe or what did you see?
Erin Morris (05:19:45):
So a few things. As we were sifting the soil, there were some unidentified objects as well as some other items of evidence that we were able to set aside and collect and document there. But while we were removing the area, we were able to verify that the potential fleshy area was in fact part of the human remains.
State Attorney (05:20:06):
How long do you think it took you to sift through and go and remove, I guess, a little bit of dirt here or there before you're able to get to actually removing the body or showing the whole body?
Erin Morris (05:20:17):
Sure. So the process of actually uncovering the remains probably took around four hours. It then took an additional maybe an hour before we removed the remains from the burial site.
State Attorney (05:20:30):
So we're looking at 21A. If you can, can you just tell us what this is a picture of?
Erin Morris (05:20:36):
Yeah, so this is kind of on a corner of the property. The purpose of this photo was to just sort of give an idea of where the parcel was and kind of geographically, which is why that kind of telephone pole is there since it had a numerical value.
State Attorney (05:21:01):
If we can go to 21B.
Erin Morris (05:21:03):
So this is a photograph, basically the same area, just shifted over a little bit to the right, kind of coming at a different angle where you can see more of that parcel where it's been kind of uncovered.
State Attorney (05:21:13):
And is that common for you... I know you probably took like 700 photographs, but is it common to just basically pan around to be able to show?
Erin Morris (05:21:22):
Yeah. So as I mentioned before, again, we try to take that exterior of the scene before we really start entering in and potentially stepping on stuff.
State Attorney (05:21:30):
And then if we go to 21C, is this just moving over to the red mark?
Erin Morris (05:21:33):
That's correct.
State Attorney (05:21:33):
21D?
Erin Morris (05:21:35):
The same. So we're starting to kind of get a little bit more kind of parallel with the roadway looking into the property.
State Attorney (05:21:42):
Then if we go to 21E.
Erin Morris (05:21:45):
So this photograph is taken a little bit more to the left, just kind of showing that area of the property that you couldn't originally see from those previous corner photography.
State Attorney (05:21:54):
And 21F?
Erin Morris (05:21:56):
Moving farther on towards the middle of the property line along the roadway.
State Attorney (05:22:01):
And then if we have 21G.
Erin Morris (05:22:02):
So this is from that same area, just pushed to the left and kind of photographing back where I came from.
State Attorney (05:22:08):
And so you were talking about as a vantage point or marking point, the telephone pole, that's what's right there?
Erin Morris (05:22:14):
Yes.
State Attorney (05:22:17):
Okay. And then if we go to 21H.
Erin Morris (05:22:18):
So this is more on the opposite corner looking towards the open area of the parcel property.
State Attorney (05:22:25):
And then 21I?
Erin Morris (05:22:27):
So this photograph is actually within the property. We're back around that skid steer loader and taking a photograph back towards the roadway.
State Attorney (05:22:35):
And if we were able to see through here, our phone pole would be basically over there?
Erin Morris (05:22:40):
That's correct.
State Attorney (05:22:44):
And then 21J?
Erin Morris (05:22:46):
So this is just taking a photograph of part of the soil that had been removed and pushed to the edges of the property.
State Attorney (05:22:54):
We have 21K.
Erin Morris (05:22:56):
Same purpose, just a little bit more to the left.
State Attorney (05:22:59):
And then we have 21L.
Erin Morris (05:23:01):
So I'm moving forward towards the skid steer and kind of just, I'm about midway into the dirt area there.
State Attorney (05:23:07):
And then what is 21M?
Erin Morris (05:23:10):
So this is the area that the agency had identified as a potential area of human remains.
State Attorney (05:23:17):
Can I just get you to step down and point out what you guys were focused on?
Erin Morris (05:23:20):
Sure. I'm just scared to be connected.
State Attorney (05:23:24):
I don't want to scare you.
Erin Morris (05:23:24):
This right here. I don't want to-
State Attorney (05:23:24):
You can stand up. I'll probably have you just point to some stuff.
Erin Morris (05:23:28):
Okay, sure.
State Attorney (05:23:29):
So this is soft though. It won't hurt the TV.
Erin Morris (05:23:31):
Oh, well, that's nice.
State Attorney (05:23:32):
Yeah. If you...
Erin Morris (05:23:34):
I do this when I teach. Hands.
State Attorney (05:23:38):
So 21N, is that just a closeup of what we're looking at?
Erin Morris (05:23:39):
Yes. Same area.
State Attorney (05:23:41):
And what did that ultimately be when you were able to take all the dirt away?
Erin Morris (05:23:45):
So we knew that it was a joint. I believe as we started to remove more of the soil, it was an elbow.
State Attorney (05:23:53):
And then this is 21O, that's a closer up of it?
Erin Morris (05:23:55):
Yes. Or maybe a little bit of a different angle, so just not quite a square.
State Attorney (05:23:59):
And then 21P, is this after you've removed a bunch of dirt?
Erin Morris (05:24:04):
Yes, a considerable amount of soil.
State Attorney (05:24:06):
Okay. And then we can slowly start seeing a body there?
Erin Morris (05:24:09):
That's correct.
State Attorney (05:24:11):
And then 21Q?
Erin Morris (05:24:13):
This is just more of that extremity. So this is the area that had been at the top of the soil there.
State Attorney (05:24:22):
And then we have 21R.
Erin Morris (05:24:25):
So this is what looks like the shoulder area.
State Attorney (05:24:27):
And then if we go to 21S.
Erin Morris (05:24:30):
So the image is a little tilted around, so we've moved with the camera. So this would've been the area on the surface of the soil.
State Attorney (05:24:37):
And as we're looking right here, is this basically a head and then the torso?
Erin Morris (05:24:42):
Yes, that's correct.
State Attorney (05:24:43):
Okay. This stuff right here, ultimately, what did it turn out that kind of stuff to be?
Erin Morris (05:24:49):
So the remains were wrapped in a large amount of straps, wires, netting. There were blanket sheets, tarps. There were several items within the remains.
State Attorney (05:25:00):
If we go to 21T, is that just of you looking down at the head?
Erin Morris (05:25:03):
Yes.
State Attorney (05:25:04):
And right next to him, right here, Mr. Mullens, does this turn out to be a cinder block?
Erin Morris (05:25:10):
Yes, it does.
State Attorney (05:25:13):
And then we have 21U.
Erin Morris (05:25:15):
So again, another photograph from a different angle of the remains in the burial site, and there's that cinder block you were talking about, and here's the head area.
State Attorney (05:25:28):
You just keep standing up, I'm going to show you something.
Erin Morris (05:25:36):
Okay.
State Attorney (05:25:36):
Judge, may I approach the witness?
Judge (05:25:40):
Yes.
State Attorney (05:25:40):
I'm going to show you what is marked as State's Q. Can you take a moment, look at this, see if you recognize that?
Erin Morris (05:25:50):
I do.
State Attorney (05:25:51):
Okay. And is this... How do you recognize it? If you need me to lift up...
Erin Morris (05:25:57):
No, it's okay. I can kind of peek in here. So the box is labeled with our unique case number, the information provided that describes what the item is as well as where it came from, as well as some evidence tape that has my initials on it.
State Attorney (05:26:11):
And obviously when you found it, it wasn't in a box like this, wrapped for court purposes.
Erin Morris (05:26:16):
No.
State Attorney (05:26:16):
Is this a fair and accurate depiction of it outside of being in the box here?
Erin Morris (05:26:22):
Yes, that's how I collect it. Yes.
State Attorney (05:26:24):
Judge, at this time, the State would move it in State's Q.
Judge (05:26:25):
Any objection?
Speaker 25 (05:26:25):
No objection.
Judge (05:26:25):
It will be admitted as State's 22.
State Attorney (05:26:30):
Judge, may I publish this before I bring it back to Madam Clerk, I'll just... To the jury. And then we have 21V. Is this more of the dirt being removed?
Erin Morris (05:27:14):
That's correct.
State Attorney (05:27:15):
Then we have up here, is this part of the straps and other stuff you're talking about?
Erin Morris (05:27:18):
Yes.
State Attorney (05:27:19):
And all of these right here?
Erin Morris (05:27:20):
That's correct.
State Attorney (05:27:20):
And then 21W, just further taking off more dirt, I guess?
Erin Morris (05:27:28):
Yes.
State Attorney (05:27:29):
And like you said, this process wasn't just like we're showing in five seconds, it took you minutes and hours to get to this point?
Erin Morris (05:27:36):
Correct.
State Attorney (05:27:36):
Okay. And then we have 21X. Is this just the body also?
Erin Morris (05:27:41):
Yes.
State Attorney (05:27:42):
Okay. And it's facing, it looks like probably the head up here, body facing down this way?
Erin Morris (05:27:47):
Yes, that's correct. So you can start to see kind of a foot that's uncovered here now.
State Attorney (05:27:52):
And then we have 21Y. Is that also the body being uncovered more?
Erin Morris (05:27:58):
Yes. So we've uncovered a little bit more here as well as a little bit more around the cinder block.
State Attorney (05:28:04):
And what about right here? Is this something that you're able to uncover later or are you able to see that?
Erin Morris (05:28:10):
The area between the legs?
State Attorney (05:28:12):
The red portion right here.
Erin Morris (05:28:14):
Yes. If I recall, that is part of what ended up being a grappling hook, I believe.
State Attorney (05:28:19):
Okay. And then we have 21Z, which is another view.
Erin Morris (05:28:22):
Yes.
State Attorney (05:28:23):
We have 21AA. This is the close up and we got our cinder block here, body there?
Erin Morris (05:28:30):
Yes.
State Attorney (05:28:32):
Okay. And then we have 21BB.
Erin Morris (05:28:35):
So in this photograph, we removed the cinder block from the lower portion of the burial up onto the higher edge.
State Attorney (05:28:42):
And I know in the box we saw the cinder block was broken. When you guys had it though, it seemed to be in [inaudible 05:28:48]-
Erin Morris (05:28:47):
Correct. So there were... I don't know if you can tell, there's several ropes that are looped through the cinder block. The medical examiner did not want to take the block, but did want the other items that were wrapped around the remains. So we were requested to break the cinder block in order to separate it from the remains.
State Attorney (05:29:06):
And how do you do that?
Erin Morris (05:29:08):
Putnam County Sheriff's Office broke it for us.
State Attorney (05:29:12):
And then if we look at 21CC, is this where we're starting to see that grappling hook more?
Erin Morris (05:29:17):
Yes, it is.
State Attorney (05:29:17):
Okay. And then we have 21DD. We have the grappling hook right there.
Erin Morris (05:29:23):
That's correct.
State Attorney (05:29:24):
21EE, is that just a closer up of the grappling hook?
Erin Morris (05:29:28):
Yes, that is.
State Attorney (05:29:31):
And then 21... Let's go back though, real fast here.
(05:29:33)
I'm going to show you what's in evidence as State's 11. I'll stand next to you.
Erin Morris (05:29:58):
You're fine.
State Attorney (05:29:59):
This is the hook that you all found that day?
Erin Morris (05:30:02):
That's correct.
State Attorney (05:30:03):
Okay. And that went actually to the medical examiner's office with the-
Erin Morris (05:30:07):
Yes, it did.
State Attorney (05:30:07):
... body? Then we have 21FF.
Erin Morris (05:30:22):
So at this point in the scene, the transportation services and medical examiner's office were working to remove the remains from the burial site.
State Attorney (05:30:31):
Okay. And we see all the rope stuff still. And what's right here?
Erin Morris (05:30:36):
So this ended up looking... It looked like either a purple netting or like a cargo netting that ended up being wrapped around part of the torso and some of the head and neck area.
State Attorney (05:30:50):
And then 21GG, is this the...
Erin Morris (05:30:52):
Yeah. So it's a little crooked there, but the remains have been removed from the burial site and the medical examiner placed it on a body bag for transport.
State Attorney (05:31:05):
And then we have 21HH. Is that just a photograph of the tattoo for identification purposes?
Erin Morris (05:31:08):
Yes and no. We also observed what appeared to be a small hole in the shoulder area, so we photographed the area for that purpose as well.
State Attorney (05:31:17):
Then we have 21II.
Erin Morris (05:31:20):
So at this point, I believe we were taking overall photographs of the remains now that they had been removed from the burial site, and it was a little bit easier to kind of get a series of photographs that way.
State Attorney (05:31:30):
And we can see the cargo net still wrapped around Mr. Mullens?
Erin Morris (05:31:34):
Yes, that's correct.
State Attorney (05:31:36):
And 21JJ, is that a closer up of that side, you can see it?
Erin Morris (05:31:40):
Yes. So we usually take a sequence of overall photographs of remains or decedents during crime scenes.
State Attorney (05:31:47):
And then we have 21KK. Was this just to document the tattoo?
Erin Morris (05:31:50):
Yes, this one.
State Attorney (05:31:52):
And we have 21LL. Is this the getting him out and then all the other items located in there?
Erin Morris (05:31:59):
That's correct.
State Attorney (05:32:01):
And then we have 21MM, just a close up of the netting and him?
Erin Morris (05:32:04):
Yes.
State Attorney (05:32:06):
Okay. And then 21NN, this is some of the items that when you were sifting, you sifted through from the dirt?
Erin Morris (05:32:13):
Yes. So my trainee who was in supervised case work decided she would like to separate the areas and place them on paper bags to keep them kind of separate from each other so we would know about which items came from which area of the grave site. So that's what you're seeing there, are the labeled bags based on those areas and the items that were found during the sifting of the soil.
State Attorney (05:32:36):
And just because it's found during the sifting of the soil, that doesn't mean it's related to actually this case?
Erin Morris (05:32:40):
Correct.
State Attorney (05:32:43):
Okay. And then we have, I guess, 21PP, there was an actual casing found?
Erin Morris (05:32:48):
Yes. There was a cartridge case that was located during the sifting.
State Attorney (05:32:51):
Did it look old at that time?
Erin Morris (05:32:53):
It was very discolored and it's hard to really tell sometimes, depending on the sediments that may soak into the metal.
State Attorney (05:33:01):
Okay. I can have you sit back down, ma'am.
Erin Morris (05:33:05):
Sure.
State Attorney (05:33:05):
Thank you. I'm just going to show you what is in evidence as State's 12. Is this the netting that was around the body?
Erin Morris (05:33:22):
Yes.
State Attorney (05:33:22):
Okay. This also went to the medical examiner's office?
Erin Morris (05:33:25):
It did.
State Attorney (05:33:49):
May I have just a moment, Judge? Thank you very much, ma'am. Appreciate it.
Speaker 25 (05:33:56):
I have no questions.
Judge (05:34:00):
Thank you.
Erin Morris (05:34:00):
Thank you. Am I excused, Judge?
Judge (05:34:03):
Is she subject to recall, Mr. Lewis?
State Attorney (05:34:06):
I think she's free to go.
Judge (05:34:08):
Thank you.
State Attorney (05:34:08):
Thank you.
Speaker 22 (05:34:36):
State will call Michelle Roberts.
Michelle Roberts (05:34:37):
Is that this one?
Speaker 22 (05:34:52):
Yes. Right in the seat right there.
Speaker 23 (05:34:57):
Can you just raise your right hand?
Michelle Roberts (05:34:58):
Yes.
Speaker 23 (05:34:58):
Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, the whole truth, and nothing but the truth, so help you God?
Michelle Roberts (05:35:04):
Yes, I do.
Judge (05:35:07):
Thank you. Just have a seat.
Michelle Roberts (05:35:11):
Okay.
Speaker 22 (05:35:11):
Good afternoon, ma'am. Will you please state your name for the record?
Michelle Roberts (05:35:13):
Michelle Roberts.
Speaker 22 (05:35:14):
Ms. Roberts, if you can make sure you speak into that-
Michelle Roberts (05:35:16):
Okay. Is that better?
Speaker 22 (05:35:18):
Yeah. Thank you. Where do you live?
Michelle Roberts (05:35:21):
On 221 Belle Drive, Satsuma.
Speaker 22 (05:35:24):
And what do you do for a living?
Michelle Roberts (05:35:26):
I'm retired.
Speaker 22 (05:35:27):
Retired from what?
Michelle Roberts (05:35:30):
I work for Putnam County, IT director.
Speaker 22 (05:35:33):
And what was your phone number back in 2024?
Michelle Roberts (05:35:37):
386-937-7654.
Speaker 22 (05:35:40):
And how long have you had that number?
Michelle Roberts (05:35:42):
Forever.
Speaker 22 (05:35:44):
You still have that number today?
Michelle Roberts (05:35:45):
Yes.
Speaker 22 (05:35:46):
And Ms. Roberts, do you know a person by the name of Tina Marie Ellis?
Michelle Roberts (05:35:51):
Yes.
Speaker 22 (05:35:52):
And how do you know her?
Michelle Roberts (05:35:53):
She's my cousin.
Speaker 22 (05:35:54):
Okay. And how would you characterize your relationship with Ms. Ellis?
Michelle Roberts (05:35:59):
We have a good relationship.
Speaker 22 (05:36:00):
Okay. How often would you speak to her or see her?
Michelle Roberts (05:36:03):
Sometimes we'll talk a few times a day. Sometimes it's weeks apart. It goes all over the map.
Speaker 22 (05:36:12):
And back in 2024, was Ms. Ellis living at 131 Pine Street in Satsuma?
Michelle Roberts (05:36:19):
No.
Speaker 22 (05:36:20):
She was not?
Michelle Roberts (05:36:22):
I don't think so, but I can't really recall for sure.
Speaker 22 (05:36:29):
Okay. Do you know where she was living back in 2024?
Michelle Roberts (05:36:30):
She went between that address and her boyfriend's house. And she had an Airbnb that was there, and I can't remember if that was... Had they just left or when that was, because I looked at my records on that.
Speaker 22 (05:36:48):
So would 131 Pine Street be one of the residences she may have stayed at or lived at?
Michelle Roberts (05:36:53):
Yes.
Speaker 22 (05:36:54):
Okay. All right. And again, back in 2024, is that correct?
Michelle Roberts (05:36:57):
Yes.
Speaker 22 (05:36:57):
Okay. And back in 2024, does she drive a white GMC Suburban?
Michelle Roberts (05:37:06):
Yes.
Speaker 25 (05:37:06):
Can I approach?
Judge (05:37:06):
Yes.
Speaker 26 (05:37:06):
All rise. The jurors exit the courtroom.
Michelle Roberts (05:37:06):
All leave?
Judge (05:37:06):
No, stay right here.
Michelle Roberts (05:37:06):
Okay.
Judge (05:38:35):
All right. The jury has exited. The white noise has been activated. Everyone can have a seat. Ms. Roberts, it's been reported that you're on your phone during the testimony. Can you tell us what you're doing?
Michelle Roberts (05:38:47):
I'm looking up the phone numbers, because when I went to the State attorney's office, they said they were going to ask me for phone numbers. So I'm trying to make sure I got them up. You want me to show you? I can do that.
Judge (05:38:59):
It's distracting and the purpose of having you here is to testify to the jury.
Michelle Roberts (05:39:04):
Right.
Judge (05:39:05):
If there's a number that you need and you don't remember it, you can always ask whether you can look at your phone to recall the number.
Michelle Roberts (05:39:12):
I can do that. That's fine.
Judge (05:39:16):
Just so that they're not confused as to what you're doing.
Michelle Roberts (05:39:17):
Yeah. I had it up and then it exited out on me before I got up here.
Judge (05:39:22):
Okay.
Michelle Roberts (05:39:23):
Yeah.
Judge (05:39:23):
I mean, do you have all the numbers on one screen?
Michelle Roberts (05:39:27):
Yes.
Judge (05:39:28):
Did you want to just pull that up and set your phone down, so that you don't-
Michelle Roberts (05:39:31):
That's what I just did. That's exactly what I just did.
Judge (05:39:33):
Okay. So you got it now?
Michelle Roberts (05:39:33):
Yeah, I got it now.
Judge (05:39:33):
You can just set your phone down.
Michelle Roberts (05:39:36):
That's all that was.
Judge (05:39:37):
Okay.
Michelle Roberts (05:39:37):
Yes, ma'am.
Judge (05:39:38):
But don't pick it up and look at it unless you tell them you can't recall something and you can ask if you can refresh your recollection.
Michelle Roberts (05:39:50):
Right. I got you.
Judge (05:39:50):
Okay?
Michelle Roberts (05:39:50):
Yes, ma'am.
Judge (05:39:50):
All right. Anything else?
Speaker 22 (05:39:50):
Not from the State, Your Honor.
Judge (05:39:50):
All right. Hopefully we can all go to the restroom now.
Michelle Roberts (05:39:52):
Yeah, really, that's true.
Judge (05:39:56):
Let's see if they're ready. If they're not ready, we want to take a quick break.
Speaker 25 (05:39:58):
You guys ready? Give them a break then.
Judge (05:39:58):
Yeah, people need the restroom.
Speaker 25 (05:39:58):
Ma'am-
Mr. Stoker (05:40:00):
[inaudible 05:40:00] direction.
Judge (05:40:00):
Yeah, [inaudible 05:40:03] direction.
Mr. Stoker (05:40:00):
[inaudible 05:40:05].
Judge (05:40:04):
Put this out. All right, so we'll take a brief recess till they knock ... Let them know to knock when they're ready.
Speaker 27 (05:40:09):
Yes, ma'am.
Mr. Willard (05:48:14):
All right, so I think I'd left off with you knew Tina Marie Ellis as your cousin and you have occasional contact with her. You said that one of the locations that she lived at back in 2024 was 131 Pine Street, Satsuma. Is that correct?
Speaker 28 (05:48:35):
Correct.
Mr. Willard (05:48:36):
Okay. And was one of the vehicles she was driving back in 2024, was that a white GMC Suburban?
Speaker 28 (05:48:42):
Yes.
Mr. Stoker (05:48:42):
Objection, leading.
Mr. Willard (05:48:42):
I wasn't leading on it. It suggested an answer, Your Honor.
Judge (05:48:47):
I'll overrule the objection.
Mr. Willard (05:48:50):
So was that a white GMC Suburban that she drove back in 2024?
Speaker 28 (05:48:54):
Correct.
Mr. Willard (05:48:54):
Okay. [inaudible 05:48:58]. Then do you know Miss Ellis's phone number back in 2024?
Speaker 28 (05:49:13):
I did, and it's on my phone.
Mr. Willard (05:49:15):
Okay. Would looking at your phone help refresh your memory?
Speaker 28 (05:49:18):
Yes.
Mr. Willard (05:49:19):
Okay. Your Honor, may the witness refer to her phone?
Judge (05:49:21):
Yes.
Mr. Willard (05:49:23):
If you can look it up for us, and if that refreshes your memory, let me know.
Speaker 28 (05:49:51):
Well, I'm trying.
Mr. Willard (05:50:13):
Take your time.
Speaker 28 (05:50:30):
I have 386-336-5446.
Mr. Willard (05:50:36):
Okay. That was the number you would call to contact Miss Ellis?
Speaker 28 (05:50:39):
Yes.
Mr. Willard (05:50:39):
That's a yes.
Speaker 28 (05:50:41):
Yes.
Mr. Willard (05:50:42):
Make sure you answer yes or no.
Speaker 28 (05:50:43):
I did, right?
Mr. Willard (05:50:43):
Of course we can't get nods.
Speaker 28 (05:50:45):
Okay. Yes.
Mr. Willard (05:50:47):
Okay. Now, back in 2024, was she working or employed at a farm?
Speaker 28 (05:50:52):
Yes.
Mr. Willard (05:50:53):
And was that in Hastings?
Speaker 28 (05:50:54):
Yes.
Mr. Willard (05:50:56):
And do you know the defendant in this case?
Speaker 28 (05:51:01):
Caylen?
Mr. Willard (05:51:04):
Yes. Do you know the defendant?
Speaker 28 (05:51:05):
Yes.
Mr. Willard (05:51:06):
Okay. And how do you know her?
Speaker 28 (05:51:08):
My granddaughter took lessons from her.
Mr. Willard (05:51:11):
And how long have you known her for?
Speaker 28 (05:51:14):
Probably almost two years.
Mr. Willard (05:51:17):
And do you recall where the defendant had her stables?
Speaker 28 (05:51:21):
Yes.
Mr. Willard (05:51:22):
And where was that?
Speaker 28 (05:51:24):
It's on old San Mateo Road. I don't remember the number.
Mr. Willard (05:51:27):
Okay. And was that in Satsuma?
Speaker 28 (05:51:29):
Yes.
Mr. Willard (05:51:30):
Okay. Is that in Putnam County?
Speaker 28 (05:51:31):
Yes.
Mr. Willard (05:51:32):
Okay. Can you describe the property for us?
Speaker 28 (05:51:35):
Yes. There's a barn and then there's another building that's red that's on the side that you can put animals in. So you have a horse barn and a place for animals.
Mr. Willard (05:51:47):
And how often would you take your granddaughter at that location for riding lessons?
Speaker 28 (05:51:53):
A minimum of once a week.
Mr. Willard (05:51:56):
And did you know of the defendant having a young girl or her young daughter living with her?
Speaker 28 (05:52:04):
Yes.
Mr. Willard (05:52:04):
About how old was she back in 2024?
Speaker 28 (05:52:08):
Three.
Mr. Willard (05:52:08):
Three, okay. And do you recall what her name was?
Speaker 28 (05:52:09):
Ostara.
Mr. Willard (05:52:13):
And did you ever speak to the defendant by phone? Do you ever call her number or does she ever call your number?
Speaker 28 (05:52:22):
Yes.
Mr. Willard (05:52:23):
Okay. And do you happen to have the phone number you used for her in your phone?
Speaker 28 (05:52:27):
Yes.
Mr. Willard (05:52:28):
And would that help refresh your memory?
Speaker 28 (05:52:29):
Yes.
Mr. Willard (05:52:30):
Okay. If you want to take a look at it, just let us know.
Speaker 28 (05:52:37):
So I have two numbers in here for Stormy Stables.
Mr. Willard (05:52:41):
And what was the number for Stormy Stables?
Speaker 28 (05:52:43):
I have a 386-385-2229.
Mr. Willard (05:52:48):
Okay. Did you have another number?
Speaker 28 (05:52:50):
I do.
Mr. Willard (05:52:50):
What-
Speaker 28 (05:52:50):
A 3-
Mr. Willard (05:52:51):
Go ahead.
Speaker 28 (05:52:52):
386-466-4049.
Mr. Willard (05:52:55):
Okay. So that 466-4049 was one of the numbers you associated with the defendant and Stormy Stables.
Speaker 28 (05:53:02):
Yes.
Mr. Willard (05:53:07):
Okay. In 2024, were you aware if the defendant was in a relationship with anyone?
Speaker 28 (05:53:14):
Yes.
Mr. Willard (05:53:15):
And do you recall that person's name?
Speaker 28 (05:53:17):
I think that was Chad Mullen.
Mr. Willard (05:53:19):
Okay. Now do you know if the defendant knew your cousin, Tina Marie Ellis?
Speaker 28 (05:53:30):
My cousin had come up to the stables and rode about two, maybe three times with my granddaughter.
Mr. Willard (05:53:36):
Okay. Back on September 9th, 9th and the 10th, do you recall where you were?
Speaker 28 (05:53:44):
No.
Mr. Willard (05:53:46):
Do you recall ... Were you out of the country on those dates?
Speaker 28 (05:53:49):
I probably was on a cruise.
Mr. Willard (05:53:49):
Okay.
Speaker 28 (05:53:49):
Is that what you're ...
Mr. Willard (05:53:49):
Yeah. And so, you-
Speaker 28 (05:53:55):
I don't remember the dates, but yes.
Mr. Willard (05:53:55):
Okay. But sometime around those dates you recall being on a cruise?
Speaker 28 (05:53:59):
Yes.
Mr. Willard (05:53:59):
Okay. And do you recall how long this cruise was?
Speaker 28 (05:54:04):
Five days.
Mr. Willard (05:54:06):
Now, while you were on the cruise, did you pay for internet and phone access?
Speaker 28 (05:54:10):
I did.
Mr. Willard (05:54:12):
Do you recall sometime around September 9th, while you were on the cruise, receiving calls from the defendant in this case?
Speaker 28 (05:54:20):
Yes.
Mr. Willard (05:54:21):
Okay. Do you recall receiving texts from her as well?
Speaker 28 (05:54:25):
Yes.
Mr. Willard (05:54:26):
Do you recall how many calls and how many texts?
Speaker 28 (05:54:28):
No.
Mr. Willard (05:54:29):
Okay. Was it more than one or two?
Speaker 28 (05:54:31):
Probably.
Mr. Willard (05:54:32):
Okay. And did you answer the call from the defendant?
Speaker 28 (05:54:38):
I had a hard time having a reception to talk to her.
Mr. Willard (05:54:42):
Okay. When you answered the phone, do you recall how the defendant was acting on the phone?
Speaker 28 (05:54:50):
Yes.
Mr. Willard (05:54:51):
How was she acting?
Speaker 28 (05:54:52):
Hysterical.
Mr. Willard (05:54:53):
Okay. Did that give you some concern?
Speaker 28 (05:54:56):
Yes.
Mr. Willard (05:54:56):
Okay. What did you do?
Speaker 28 (05:54:58):
I went on the outside of the boat and tried to get my cousin to go by and check on her-
Mr. Willard (05:55:02):
Okay.
Speaker 28 (05:55:03):
... which is Tina Lee.
Mr. Willard (05:55:04):
And were you able to contact Tina Ellis to ask her to check on the defendant?
Speaker 28 (05:55:10):
Yes.
Mr. Willard (05:55:15):
One moment, please, Your Honor.
Speaker 30 (05:55:16):
[inaudible 05:55:17].
Mr. Willard (05:55:16):
Thank you, Your Honor. Nothing further.
Judge (05:55:26):
All right. Mr. Stoker?
Mr. Stoker (05:55:28):
Now, back in 2024, Caylen stayed at a property that you managed out on Smith Lane, correct?
Speaker 28 (05:55:43):
Correct.
Mr. Stoker (05:55:44):
And that was on Dunns Creek?
Speaker 28 (05:55:46):
Yes.
Mr. Stoker (05:55:46):
It actually was on the water, right?
Speaker 28 (05:55:48):
Correct.
Mr. Stoker (05:55:54):
When Caylen called you that day when you were on the cruise, you couldn't really understand what she was saying.
Speaker 28 (05:55:58):
I couldn't.
Mr. Stoker (05:56:00):
But you say she was hysterical.
Speaker 28 (05:56:02):
I got that much out of it.
Mr. Stoker (05:56:08):
I have no other questions.
Judge (05:56:09):
Okay. Any follow up?
Mr. Willard (05:56:11):
Nothing further, Your Honor. Thank you.
Judge (05:56:13):
Thank you. Is this witness excused?
Mr. Willard (05:56:14):
Yes, Your Honor.
Judge (05:56:14):
All right. Thank you, ma'am.
Speaker 28 (05:56:14):
Thank you.
Mr. Willard (05:56:32):
State would call Sean Russo.
Speaker 29 (05:56:33):
Can you raise your right hand? Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, the whole truth, nothing but the truth, so help you God?
Sean Russo (05:57:03):
Yes, ma'am.
Speaker 29 (05:57:03):
Thank you.
Mr. Willard (05:57:03):
Good afternoon, sir. Will you please state your name for the record?
Sean Russo (05:57:05):
Sean Russo.
Mr. Willard (05:57:06):
And where do you live?
Sean Russo (05:57:07):
In Pomona Park.
Mr. Willard (05:57:09):
And are you married?
Sean Russo (05:57:10):
Yes.
Mr. Willard (05:57:10):
And what is your wife's name?
Sean Russo (05:57:12):
Angela Russo.
Mr. Willard (05:57:15):
Are you and your wife involved in the horse community in Palatka?
Sean Russo (05:57:17):
Yes, sir.
Mr. Willard (05:57:21):
Okay. And is that how you know the defendant in this case?
Sean Russo (05:57:21):
Yes, sir.
Mr. Willard (05:57:23):
How long have you known her for?
Sean Russo (05:57:26):
I can't be exact in the number of years. A couple years. My wife knows her more than I do.
Mr. Willard (05:57:32):
Okay. Would you say your wife had a better relationship with Miss Deller than you did?
Sean Russo (05:57:38):
Pretty much, yes.
Mr. Willard (05:57:39):
Would the defendant often see your wife as someone like a confidant or someone she can talk to?
Sean Russo (05:57:47):
Someone she could talk to.
Mr. Stoker (05:57:48):
[inaudible 05:57:48].
Judge (05:57:48):
Sustained.
Mr. Willard (05:57:54):
Were you aware if the defendant had a young child she lived with?
Sean Russo (05:57:57):
Yes.
Mr. Willard (05:57:57):
Okay. And does she operate a horse riding business?
Sean Russo (05:58:03):
Yes. That I know of, yes.
Mr. Willard (05:58:04):
And where was that operated out of?
Sean Russo (05:58:07):
In Satsuma. I'm not real exact on the address.
Mr. Willard (05:58:09):
Okay. Now, back in 2024, were you aware if the defendant was dating anybody?
Sean Russo (05:58:17):
Just through her and what her and my wife had talked about, not-
Mr. Willard (05:58:23):
Okay. But you weren't-
Sean Russo (05:58:24):
I wasn't-
Mr. Willard (05:58:24):
... involved in that?
Sean Russo (05:58:24):
No.
Mr. Willard (05:58:25):
Okay. Had you ever met this person she was dating?
Sean Russo (05:58:27):
No.
Mr. Willard (05:58:29):
Now, on September 13th of 2024, do you recall the defendant calling your wife?
Sean Russo (05:58:35):
Yes.
Mr. Willard (05:58:37):
Okay. And as a result of that call, did you and your wife invite her and her daughter to spend the night with you?
Sean Russo (05:58:43):
My wife did, yes.
Mr. Willard (05:58:44):
Okay. And on September 13th, that evening, do you recall about what time the defendant and her daughter arrived at your house?
Sean Russo (05:58:56):
10-ish at night.
Mr. Willard (05:58:58):
And when she arrived, describe how she was acting. How did she appear?
Sean Russo (05:59:02):
She appeared upset. Like kind of concerned about something, but upset.
Mr. Willard (05:59:07):
Did she want to speak to your wife about something?
Sean Russo (05:59:09):
Yes.
Mr. Willard (05:59:10):
Were you able to kind of listen in and participate in that conversation?
Sean Russo (05:59:12):
Yes, sir. I was sitting on the couch right there.
Mr. Willard (05:59:16):
During the conversation, do you recall the defendant talking about someone by the name of Chad Mullen?
Sean Russo (05:59:21):
The name, yes.
Mr. Willard (05:59:22):
Okay. And, again, how was she acting during this conversation?
Sean Russo (05:59:26):
She was upset, crying through the whole conversation pretty much.
Mr. Willard (05:59:30):
Did she mention anything about whether Mr. Mullen was alive or dead?
Sean Russo (05:59:35):
She had mentioned a couple times, "He's dead."
Mr. Willard (05:59:37):
Okay. Did she say anything more about him being dead, like did he come back or anything like that?
Sean Russo (05:59:45):
She had-
Mr. Stoker (05:59:45):
Objection, leading.
Mr. Willard (05:59:45):
Let me back-
Judge (05:59:45):
Sustained.
Mr. Willard (05:59:52):
Other than the defendant saying that Mr. Mullen was dead, did she give any other description as to what happened to him, or what else developed?
Sean Russo (06:00:03):
The only other thing she said about that was she told my wife, "You don't understand. Chad is dead and he keeps coming back."
Mr. Willard (06:00:11):
Okay. Now, did the defendant mention anything about some type of punishment towards Mr. Mullen?
Sean Russo (06:00:24):
Yeah.
Mr. Stoker (06:00:24):
Objection, leading.
Judge (06:00:26):
I'll sustain the objection.
Mr. Willard (06:00:29):
What else did the defendant say in reference to Mr. Mullen?
Sean Russo (06:00:36):
She said to my wife and myself, if she asked a ... I thought was a hypothetical, "If somebody were to touch your child, wouldn't you have the right to punish them?" and I said, "No, we don't have that right. That's for the judges and God. We don't have that right." Then the statement was made, "I didn't punish his soul. I punished his body."
Mr. Willard (06:01:00):
Is that what the defendant said to you in response to you saying, "No, you don't have a right to punish"?
Sean Russo (06:01:05):
Mm-hmm.
Mr. Willard (06:01:05):
She said, "I'm punishing his soul."
Sean Russo (06:01:09):
No.
Mr. Willard (06:01:09):
Or, "I'm punishing his body, not his soul."
Sean Russo (06:01:11):
Yes, that's exactly how it was said.
Mr. Willard (06:01:19):
Did she ever mention that Chad threatened her or attacked her that night?
Sean Russo (06:01:23):
No.
Mr. Willard (06:01:28):
How long into the night did this conversation last?
Sean Russo (06:01:32):
About almost till 3:00 in the morning.
Mr. Willard (06:01:35):
At some point, did everyone retire to bed?
Sean Russo (06:01:37):
Yes, sir.
Mr. Willard (06:01:38):
Do you recall when she woke up the next morning?
Sean Russo (06:01:42):
Right around 10:00, 10:30, somewhere in that area, in the morning.
Mr. Willard (06:01:46):
And did she leave your house that day?
Sean Russo (06:01:49):
Very soon after that.
Mr. Willard (06:01:51):
After that incident at your house, did you learn information about Chad Mullen?
Sean Russo (06:01:59):
On Monday, my wife called me at work and said, "I just saw on Facebook-"
Mr. Stoker (06:02:06):
Objection, hearsay.
Judge (06:02:06):
Sustained.
Mr. Willard (06:02:07):
I don't want to know what anyone said to you, but did you-
Mr. Stoker (06:02:10):
Judge, can we approach?
Judge (06:02:10):
Sure. Give me a second because ... [inaudible 06:03:31]. I blame all of them. [inaudible 06:03:39]. All right.
Mr. Willard (06:03:49):
Mr. Russo, I don't want you to say what you were told specifically, but at some point after that conversation, did you learn that Mr. Mullen was missing?
Sean Russo (06:03:54):
Yes.
Mr. Willard (06:03:55):
Okay. And did you contact the Putnam Sheriff's Department with information that ... What occurred that night?
Sean Russo (06:04:04):
No, I did not.
Mr. Willard (06:04:05):
Okay. Did your wife-
Sean Russo (06:04:06):
My wife did.
Mr. Willard (06:04:06):
Okay. One moment please, Your Honor. [inaudible 06:04:15].
Speaker 30 (06:04:08):
[inaudible 06:04:17].
Mr. Willard (06:04:55):
Thank you, Your Honor. Nothing further.
Judge (06:04:55):
All right. Next.
Mr. Stoker (06:05:05):
So Caylen came over on a Friday, right?
Sean Russo (06:05:08):
Yes, sir.
Mr. Stoker (06:05:09):
I guess it would've been Friday the 13th?
Sean Russo (06:05:10):
Yes, sir.
Mr. Stoker (06:05:11):
And this would've been about four days after the 9th.
Sean Russo (06:05:17):
Okay.
Mr. Stoker (06:05:19):
Simple math. She came over, she was frantic.
Sean Russo (06:05:27):
Yes, sir.
Mr. Stoker (06:05:27):
She was crying.
Sean Russo (06:05:28):
Yes, sir.
Mr. Stoker (06:05:29):
She was shaking.
Sean Russo (06:05:30):
Yes, sir.
Mr. Stoker (06:05:31):
She was saying a lot of things.
Sean Russo (06:05:32):
Yes, sir.
Mr. Stoker (06:05:35):
And you didn't have much faith in some of the things she was saying, right?
Sean Russo (06:05:39):
Yes, sir.
Mr. Stoker (06:05:41):
Because she was kind of all over the board-
Sean Russo (06:05:43):
Pretty much.
Mr. Stoker (06:05:43):
... on what happened. She told you he was dead.
Sean Russo (06:05:51):
Yes, sir.
Mr. Stoker (06:05:53):
She didn't tell you, "I killed him."
Sean Russo (06:05:54):
No, sir.
Mr. Stoker (06:05:55):
She didn't say, "I shot him."
Sean Russo (06:05:57):
No, sir.
Mr. Stoker (06:05:57):
She didn't say, "I buried him."
Sean Russo (06:05:59):
No, sir.
Mr. Stoker (06:05:59):
She didn't say, "I put him in water."
Sean Russo (06:06:01):
No, sir.
Mr. Stoker (06:06:07):
I don't have any other questions. Thank you.
Judge (06:06:08):
Okay. Mr. Willard, any redirect?
Mr. Willard (06:06:16):
No, Your Honor. Thank you.
Judge (06:06:17):
Okay, thank you.
Sean Russo (06:06:19):
Thank you.
Speaker 30 (06:06:24):
Judge, can we take a break and have the jury step out for this next witness?
Judge (06:06:29):
All right. We'll take another recess.
Speaker 31 (06:06:31):
All rise. The jurors exit the courtroom.
Judge (06:06:38):
We just try and make sure you guys get your exercise.
Juror (06:06:39):
Sure.
(06:06:39)
[inaudible 06:06:42].
Judge (06:06:39):
Walking back and forth.
Juror (06:06:39):
[inaudible 06:06:49].
Speaker X (06:06:39):
Yes, sir.
Judge (06:07:11):
All right. The jury has exited. The white noise has been activated.
Speaker X (06:07:13):
[inaudible 06:07:17].
Judge (06:07:13):
[inaudible 06:07:19].
Speaker X (06:07:13):
[inaudible 06:09:26].
Judge (06:07:13):
All right. And, sir, you have a seat. Can you tell me your name?
Kenneth Waddell (06:07:13):
Kenneth Waddell.
Judge (06:09:36):
So, Mr. Waddell, it's very important that during your testimony and your cross-examination that you pay particular attention to the questions that you're being asked and you answer only those questions, okay? There's rules of evidence that require a jury not hear certain things, and if you inadvertently say things that they're not supposed to hear, it could create havoc with the trial, okay?
Kenneth Waddell (06:10:05):
Okay.
Judge (06:10:06):
So I am directing you, please answer only the questions that were asked. I'm sure that you have been counseled on what testimony is not allowed, so please make sure you stay away from those areas that you've already been advised to stay away from, okay?
Kenneth Waddell (06:10:24):
Yes, ma'am.
Judge (06:10:24):
Do you have any questions? Do I need to clarify that any more?
Kenneth Waddell (06:10:28):
No, ma'am. I'm ...
Judge (06:10:29):
Okay. State, defense, any other instruction you're requesting?
Mr. Willard (06:10:34):
Your Honor, I'd just ask the defense give a little bit of leeway with some leading questions, Your Honor. Obviously not leading to the answers, but a little bit of leeway with some leading questions so we can navigate his testimony.
Judge (06:10:52):
Mr. Stoker, your response to that?
Mr. Stoker (06:10:55):
I discussed this with Mr. Willard and Mr. Lewis yesterday. I understand that sometimes leading questions can prevent things coming out that we don't want to come out. So long as it's not what I believe they intend to get out of them, if they're not giving them that answer, then I won't object.
Judge (06:11:10):
Okay, that's fair. All right. Are we ready? Let's hope the jury is ready.
Speaker 31 (06:11:18):
Yes, Your Honor.
Judge (06:11:18):
All right. Can I see if the jury's ready?
Speaker 31 (06:11:18):
Are you guys ready?
Juror (06:11:18):
[inaudible 06:11:37].
(06:11:18)
Are we ready?
(06:11:18)
We're ready.
(06:11:18)
Okay. [inaudible 06:11:42].
Speaker 31 (06:11:18):
[inaudible 06:11:42]. Good? All good. All rise. The jury is in the courtroom.
Speaker X (06:11:18):
[inaudible 06:12:02].
Judge (06:12:23):
All right. Everyone can be seated. This witness has been sworn. You can have a seat. Then Mr. Willard, you can proceed with your direct examination.
Mr. Willard (06:12:38):
Thank you, Your Honor. Good afternoon, sir. Will you please state your name for the record?
Kenneth Waddell (06:12:39):
Kenneth Waddell.
Mr. Willard (06:12:40):
And, Mr. Waddell, where do you currently live?
Kenneth Waddell (06:12:43):
Sioux Falls, South Dakota.
Mr. Willard (06:12:45):
Can you hold that microphone? Yeah, thank you. What do you do for a living?
Kenneth Waddell (06:12:51):
Self-employed.
Mr. Willard (06:12:53):
Now, I have to ask you this. You have prior convictions for dishonesty or false statement?
Kenneth Waddell (06:13:00):
Yes, sir.
Mr. Willard (06:13:01):
And how many?
Kenneth Waddell (06:13:02):
Three.
Mr. Willard (06:13:03):
Three? Okay. Do you know Caylen Deller?
Kenneth Waddell (06:13:06):
Yes, I do.
Mr. Willard (06:13:07):
How do you know her?
Kenneth Waddell (06:13:10):
Through relationship, business. She rented a room in my house. One thing led to another.
Mr. Willard (06:13:18):
So tell us a little bit, when did you first meet her?
Kenneth Waddell (06:13:26):
The very first meeting was when they came to look at the room. I believe it was January. But that was just a, "Hi," and, "Here's the room." But then I believe they moved in May or April of 2018.
Mr. Willard (06:13:42):
Okay. So it sounds like right around 2018, Miss Deller and someone she was with at that time had rented a room from you?
Kenneth Waddell (06:13:51):
Yes, sir.
Mr. Willard (06:13:51):
Okay. And at some point, did you develop a relationship with her?
Kenneth Waddell (06:14:01):
Yes, sir.
Mr. Willard (06:14:01):
Okay. And at some point, did you develop a relationship with her?
Kenneth Waddell (06:14:01):
Yes, sir.
Mr. Willard (06:14:01):
Okay. And ...
Mr. Willard (06:14:00):
... relationship with her?
Kenneth Waddell (06:14:01):
Yes, sir.
Mr. Willard (06:14:04):
Okay. And when did that relationship begin? Do you recall?
Kenneth Waddell (06:14:08):
Roughly five. Shortly after they moved in, the person she rented the room with had some trouble and no longer lived there. She asked if she can continue renting the room, and then it was within a couple of months after that. So I'm saying four to five months after they initially moved in.
Mr. Willard (06:14:30):
Okay. And during this relationship you had with the defendant, did you have a child together?
Kenneth Waddell (06:14:38):
Yes.
Mr. Willard (06:14:39):
Okay. And how old is that child now?
Kenneth Waddell (06:14:42):
She'll be seven in two weeks.
Mr. Willard (06:14:44):
How old was she back in 2024?
Kenneth Waddell (06:14:50):
2024, she would've been four, turning five in two weeks.
Mr. Willard (06:14:54):
And what was her name? Or, what's her name?
Kenneth Waddell (06:14:55):
Ostara.
Mr. Willard (06:14:58):
Now, when you were with the defendant, what was she doing for a living?
Kenneth Waddell (06:15:11):
When I-
Mr. Willard (06:15:12):
Let me back up. Was she involved in horses?
Kenneth Waddell (06:15:15):
She had been previously. The reason they needed the room is they were cleaning the paper plant or whatever they shut down here in town once a year for cleaning.
Mr. Willard (06:15:29):
At some point, was she involved in horse riding or maintaining stables?
Kenneth Waddell (06:15:36):
Yes.
Mr. Willard (06:15:36):
Okay. And then, does she also have a horse riding business or conduct horse lessons, horse riding lessons?
Kenneth Waddell (06:15:45):
Yes. Yes.
Mr. Willard (06:15:49):
And did you go into business with her, basically running a horse stable and doing horse riding lessons?
Kenneth Waddell (06:15:58):
Yes, sir. Shortly after we met, or we got together.
Mr. Willard (06:16:04):
Okay. And then, where was this business operated out of?
Kenneth Waddell (06:16:10):
San Mateo.
Mr. Willard (06:16:11):
And do you recall the address?
Kenneth Waddell (06:16:13):
The farm address is 465 San Mateo Road.
Mr. Willard (06:16:19):
Okay. And is this in Putnam County?
Kenneth Waddell (06:16:21):
I believe so, yes. Yeah.
Mr. Willard (06:16:23):
Do you recall when you first operated this business with the defendant, what was its name?
Kenneth Waddell (06:16:31):
C&K Horsing Around.
Mr. Willard (06:16:33):
Okay. And I'm assuming that's-
Kenneth Waddell (06:16:35):
Caylen and Ken.
Mr. Willard (06:16:37):
Caylen and Kenneth?
Kenneth Waddell (06:16:38):
Yes.
Mr. Willard (06:16:38):
Okay. Now, describe this property. I understand it's across the street from Duns Creek preserve?
Kenneth Waddell (06:16:44):
Yes, sir.
Mr. Willard (06:16:45):
Describe this property where the stables were located.
Kenneth Waddell (06:16:50):
It's directly across the street from one of the entrances to the preserve and on a bend on San Mateo Road. And then, there's a mobile home park, an RV park, and then the barn, and it's on a horseshoe-shaped property of about 13 acres.
Mr. Willard (06:17:14):
And this Dun Creek preserve, about how large is that?
Kenneth Waddell (06:17:18):
I've heard everywhere from 10 to 20,000 square acres.
Mr. Willard (06:17:24):
Now, at some point, did you and the defendant, did you separate the romantic part of your relationship?
Kenneth Waddell (06:17:34):
Yes.
Mr. Willard (06:17:35):
Do you recall when that was?
Kenneth Waddell (06:17:39):
I don't remember dates. I remember it was shortly before Ostara's second birthday, because we got together at the farm for her second birthday.
Mr. Willard (06:17:50):
Now, after you separated, did you still maintain a business relationship with her?
Kenneth Waddell (06:17:56):
For a short period.
Mr. Willard (06:17:57):
Okay. At some point, did she take over this business?
Kenneth Waddell (06:18:00):
Yes.
Mr. Willard (06:18:01):
And again, this was primarily running the stable at the location, and then she would conduct horse riding lessons into Duns Creek?
Kenneth Waddell (06:18:09):
We would do trail rides, and then lessons on the farm, yes.
Mr. Willard (06:18:13):
After she took over that business, did she rename it?
Kenneth Waddell (06:18:17):
Shortly after, a few months after.
Mr. Willard (06:18:19):
And what was its new name?
Kenneth Waddell (06:18:21):
Stormy Stables.
Mr. Willard (06:18:24):
And where did she get that name from?
Kenneth Waddell (06:18:29):
What people in the horse world called their heart horse was named Stormy.
Mr. Willard (06:18:34):
Did she have a horse named Stormy?
Kenneth Waddell (06:18:35):
Yes, sir.
Mr. Willard (06:18:39):
And then, does she continue to operate out of that 465 San Mateo address?
Kenneth Waddell (06:18:43):
Yes, sir.
Mr. Willard (06:18:46):
And then, after you separated, did you share custody with your child, Ostara?
Kenneth Waddell (06:18:50):
Yes. Yep.
Mr. Willard (06:18:52):
Did you, at some point, move out of the area?
Kenneth Waddell (06:18:54):
I did. I moved to the East Coast to be on another farm, the East Coast of Florida. Or West Coast, sorry.
Mr. Willard (06:19:02):
And when you moved away, were you essentially sharing time with Ostara with the defendant?
Kenneth Waddell (06:19:08):
It was complicated, yes. Before I moved, it was discussed and it would change depending on...
Mr. Willard (06:19:16):
Details would be worked out?
Kenneth Waddell (06:19:18):
Yes.
Mr. Willard (06:19:18):
Okay. Now, in 2024, were you aware that the defendant was in a relationship with another man?
Kenneth Waddell (06:19:29):
Yes. I mean, I usually heard about the longer-term boyfriends.
Mr. Willard (06:19:34):
Okay. And who was this particular person? Do you recall the name?
Kenneth Waddell (06:19:40):
Chad.
Mr. Willard (06:19:40):
Okay. And had you ever met Chad?
Kenneth Waddell (06:19:41):
Yes.
Mr. Willard (06:19:45):
And sometime around September of 2024, did you learn or did you hear about a missing persons' case involving Chad?
Kenneth Waddell (06:19:52):
I didn't live here, and so... I mean, I heard about it, but not...
Mr. Willard (06:19:57):
You didn't know details; you just heard about it?
Kenneth Waddell (06:20:00):
Right.
Mr. Willard (06:20:01):
Okay. Now, do you recall sometime in September of 2024, did you receive phone calls from the defendant in reference to Chad going missing, or Chad missing at that point?
Kenneth Waddell (06:20:23):
Not really from her. She told me that he was missing, yes.
Mr. Willard (06:20:27):
Okay. And during those phone calls, did the defendant express concern that she was being blamed for something?
Kenneth Waddell (06:20:38):
Yes.
Mr. Willard (06:20:39):
Okay. And did she want you to come down to Florida to take the child?
Kenneth Waddell (06:20:46):
Yes. I wasn't due to get her till October, but she asked me if I could come early.
Mr. Willard (06:20:50):
Now, in this phone call that you had with Defendant, how did she sound to you?
Kenneth Waddell (06:20:59):
I guess, nervous. Yeah, she was on edge, definitely. We usually had trouble.
Mr. Willard (06:21:10):
Yeah, but you're saying she sounded on edge and nervous?
Kenneth Waddell (06:21:13):
Yes.
Mr. Willard (06:21:14):
Okay. Now, do you recall what Caitlin's phone number was back in 2024?
Kenneth Waddell (06:21:25):
If I saw it, I would know it, but because of the cell phone, it's a lot of 4s and 9s and 8s and... Yeah, I couldn't cite it to you without looking at my phone. Sorry.
Mr. Willard (06:21:36):
Do you have your phone with you?
Kenneth Waddell (06:21:38):
It's off.
Mr. Willard (06:21:39):
Okay. Would you turn it on for us, and looking at your phone, would that help refresh your memory what her phone number was back in 2024?
Kenneth Waddell (06:21:45):
Sure.
Mr. Willard (06:21:45):
Okay.
Kenneth Waddell (06:21:49):
We had it on business cards and everywhere, so yeah.
Mr. Willard (06:22:24):
And Mr. Waddell, if I showed you a picture of the truck that she was driving and it was kept at her farm, would that help refresh your memory of the phone number?
Kenneth Waddell (06:22:37):
Yeah. We definitely had it printed on the truck.
Mr. Willard (06:22:42):
Okay. Give me one moment, please.
Kenneth Waddell (06:22:42):
Okay. I have it if you-
Mr. Willard (06:23:01):
Oh, you do? Okay.
Kenneth Waddell (06:23:05):
Yeah.
Mr. Willard (06:23:11):
What was that number?
Kenneth Waddell (06:23:11):
386-466-4049.
Mr. Willard (06:23:11):
Okay.
Speaker 32 (06:23:11):
[inaudible 06:23:12]
Mr. Willard (06:23:11):
No, I'm good. Okay.
Speaker 32 (06:23:11):
[inaudible 06:23:12].
Mr. Willard (06:23:25):
Thank you.
(06:23:25)
Now, when she had called you sometime in September and you said you learned about this missing person case involving Chad, did you contact Lieutenant Fussell with Putnam Sheriff's Department?
Kenneth Waddell (06:23:43):
He contacted me.
Mr. Willard (06:23:44):
He contacted you? Okay.
Kenneth Waddell (06:23:45):
Yes.
Mr. Willard (06:23:47):
And did he want to know if you had any information in this case?
Kenneth Waddell (06:23:51):
Yes, sir.
Mr. Willard (06:23:53):
Did you speak to him at that point?
Kenneth Waddell (06:23:56):
Briefly. The day before that day is the day she called me to ask me to come and get Ostara.
Mr. Willard (06:24:05):
Okay. And then the next day, Lieutenant Fussell reached out to you?
Kenneth Waddell (06:24:09):
Right.
Mr. Willard (06:24:12):
Now, after you spoke to the defendant and she asked you to take custody of the child, did you drive down to Florida?
Kenneth Waddell (06:24:22):
Yes. It took a couple days to get things figured out where I could leave work, but yes, it was within a couple days I left.
Mr. Willard (06:24:29):
And where were you driving from?
Kenneth Waddell (06:24:31):
Illinois. Sesser, Illinois.
Mr. Willard (06:24:34):
Do you recall when you arrived in Palatka?
Kenneth Waddell (06:24:39):
I believe it was a Friday, and I believe the date was the 21st. I checked into a hotel.
Mr. Willard (06:24:47):
And was it September 21st?
Kenneth Waddell (06:24:49):
Yes.
Mr. Willard (06:24:50):
Do you recall what the name of that hotel you stayed at?
Kenneth Waddell (06:24:53):
The Cove. It was one of the suites at the Cove Hotel just outside of town or in town limits, I'm not sure. But it was The Cove.
Mr. Willard (06:25:02):
Now, after you arrived in town and you settled in your hotel, did the defendant come over to your hotel?
Kenneth Waddell (06:25:11):
Yes.
Mr. Willard (06:25:13):
And did she bring your daughter with her?
Kenneth Waddell (06:25:15):
Yes.
Mr. Willard (06:25:17):
Do you recall when she arrived at your hotel?
Kenneth Waddell (06:25:21):
We were texting my various locations along the way, so she knew when I got there. I'm going to say within two to three hours after check-in.
Mr. Willard (06:25:32):
So sometime after you checked in the 21st, two or three hours later, she arrived at your hotel with Ostara?
Kenneth Waddell (06:25:38):
Yes.
Mr. Willard (06:25:41):
And how long did they stay in the hotel with you?
Kenneth Waddell (06:25:45):
I believe that was a Friday when I checked in. I'm not sure, but until Sunday.
Mr. Willard (06:25:52):
Now, while she's staying with you, while Ostara was staying with you, did the defendant talk to you about Chad?
Kenneth Waddell (06:26:00):
Yes.
Mr. Willard (06:26:02):
Did she provide you any information as to whether Chad was alive or dead?
Kenneth Waddell (06:26:09):
Yes.
Mr. Willard (06:26:09):
What did she say?
Kenneth Waddell (06:26:09):
He was dead.
Mr. Willard (06:26:14):
Did she provide you any details as to how Chad died?
Kenneth Waddell (06:26:18):
Yes.
Mr. Willard (06:26:18):
What did she say about that?
Kenneth Waddell (06:26:20):
She shot him.
Mr. Willard (06:26:21):
Did she give you any more details about how she shot him?
Kenneth Waddell (06:26:26):
She shot him, the gun jammed. It took a minute for her to get it unjammed, and during that minute, he wasn't dead, but he wasn't alive, and he had this painful stare, she said, that will haunt her till the day she dies, and then she figured out the gun and shot the second time.
Mr. Willard (06:26:53):
Did she say where she shot Chad, the location of where she shot Chad?
Kenneth Waddell (06:26:58):
No. I know that-
Mr. Willard (06:27:02):
And I don't mean where on the body where she shot Chad, but where was she when she shot Chad?
Kenneth Waddell (06:27:10):
On the farm.
Mr. Willard (06:27:11):
Okay. And when you say, "on the farm," you're talking about her horse farm, Stormy Stables?
Kenneth Waddell (06:27:17):
Yes. Yes.
Mr. Willard (06:27:17):
Did she explain how Chad arrived at the property?
Kenneth Waddell (06:27:25):
He was having car trouble, so she had picked him up.
Mr. Willard (06:27:29):
And so, she picked him up from his house?
Kenneth Waddell (06:27:31):
I believe so, yes.
Mr. Willard (06:27:39):
Did she give any details as to what she did with Chad's body after shooting him on her property?
Kenneth Waddell (06:27:49):
I don't know the exact timeframe, but she said she couldn't move him by herself, and so she inquired some help.
Mr. Willard (06:28:01):
And when you say, inquired help, do you mean-
Kenneth Waddell (06:28:05):
She made a phone call. She didn't give me a name, but she said she called somebody to help her.
Mr. Willard (06:28:10):
Did she mention if she used anything else in the process of moving Mr. Mullen's body?
Kenneth Waddell (06:28:18):
Yes. The person that helped her wasn't enough help, and so they used Stormy, the horse.
Mr. Willard (06:28:27):
In the process of using Stormy, the horse, did she say where the body was transported to?
Kenneth Waddell (06:28:40):
No.
Mr. Willard (06:28:40):
Okay. Did she say where the body was placed?
Kenneth Waddell (06:28:46):
Only water.
Mr. Willard (06:28:47):
Okay.
Kenneth Waddell (06:28:50):
She didn't tell me what body of water.
Mr. Willard (06:29:09):
Did she say what type of gun she used?
Kenneth Waddell (06:29:14):
Yes.
Mr. Willard (06:29:15):
What type of gun did she use?
Kenneth Waddell (06:29:17):
A borrowed 9mm.
Mr. Willard (06:29:43):
Now, after she told you about shooting Chad twice, and with the help of a friend and the horse moving the body to some water location, did she explain or give a reason why she did this?
Kenneth Waddell (06:30:04):
Yes.
Mr. Willard (06:30:05):
What did she say?
Kenneth Waddell (06:30:06):
She said that Chad had sexually abused our daughter.
Mr. Willard (06:30:19):
Did she indicate she felt justified?
Kenneth Waddell (06:30:25):
Yes. I mean, she felt like it needed to be done. Yeah.
Mr. Willard (06:30:32):
Now, after she told you all this, she confessed to this murder to you, did she make any statement regarding the fact that now you know about this?
Kenneth Waddell (06:30:44):
Yes.
Mr. Willard (06:30:44):
What did she say?
Kenneth Waddell (06:30:45):
This confession took the full time. It was bits and pieces, and then one evening, after 90% of the information had come out, she said that, "You're probably going to be the one that puts me in prison."
Mr. Willard (06:31:03):
How long did the defendant and your daughter stay with you that weekend?
Kenneth Waddell (06:31:11):
Until Sunday when I was getting ready to leave with Ostara to go back north.
Mr. Willard (06:31:18):
After the defendant left her hotel, did you contact Putnam Sheriff's Office?
Kenneth Waddell (06:31:24):
Yes. We got into an argument, and she said, "Ostara's not going with you," and she took Ostara and left, and that's when I reached out to Fussell, Detective Fussell.
Mr. Willard (06:31:35):
Detective Fussell? Okay. And do you recall when you called him?
Kenneth Waddell (06:31:40):
Just that Sunday, afternoon-ish, probably, I'm going to say, between noon and three.
Mr. Willard (06:31:46):
And that would've been September 23rd?
Kenneth Waddell (06:31:47):
4th.
Mr. Willard (06:31:47):
Okay.
Kenneth Waddell (06:31:52):
Yeah. Yeah.
Mr. Willard (06:31:55):
Now, when you called Detective Fussell, did you basically tell him what the defendant just admitted to you?
Kenneth Waddell (06:32:07):
I told him I would. I was worried for my daughter's safety, and when my daughter was in a safe place, I would tell him what I know.
Mr. Willard (06:32:18):
Okay. At some point, did you get custody of your child?
Kenneth Waddell (06:32:22):
Yes. Yes.
Mr. Willard (06:32:22):
And then, once that happened, did you then tell or give a full accounting to Lieutenant... or Detective Fussell what the defendant told you?
Kenneth Waddell (06:32:30):
Yes.
Mr. Willard (06:32:32):
Did you also request that your daughter get what's called a child protective team interview?
Kenneth Waddell (06:32:39):
When someone is mentioned in that form of what she said Chad did, they said it was necessary. I didn't have a choice, really.
Mr. Willard (06:32:49):
Okay.
Kenneth Waddell (06:32:49):
They were like, "Be here at 10:00 AM."
Mr. Willard (06:32:51):
Okay. And so you were told to bring Ostera to this interview process for these allegations regarding what the defendant said Chad had done?
Kenneth Waddell (06:33:01):
Yes.
Mr. Willard (06:33:01):
Okay.
Kenneth Waddell (06:33:02):
Can I... I don't know why-
Judge (06:33:03):
[inaudible 06:33:04].
Mr. Willard (06:33:08):
Yeah.
Kenneth Waddell (06:33:08):
No. Her name is Ostara.
Mr. Willard (06:33:08):
Ostara. I'm sorry.
Kenneth Waddell (06:33:09):
Yeah. I don't know why it bugs me. Her name is Ostara.
Mr. Willard (06:33:13):
Oh no, that's fine. I kept saying Ostera.
Kenneth Waddell (06:33:14):
Yes.
Mr. Willard (06:33:14):
I apologize.
Kenneth Waddell (06:33:15):
Ostara.
Mr. Willard (06:33:16):
Ostara. Thank you for correcting me.
Kenneth Waddell (06:33:16):
Thank you.
Mr. Willard (06:33:17):
No problem. Thank you. Mr. Waddell, do you see the defendant in the courtroom today?
Kenneth Waddell (06:33:34):
Yes.
Mr. Willard (06:33:34):
And will you please point at her and describe what she's wearing?
Kenneth Waddell (06:33:40):
Looks like a black or a dark blue jacket with glasses.
Mr. Willard (06:33:43):
Okay. And what's the shirt she's wearing?
Kenneth Waddell (06:33:47):
A flowered blouse or something.
Mr. Willard (06:33:48):
Okay.
(06:33:49)
Your Honor, may the record reflect the witness has identified the defendant?
Judge (06:33:52):
The record will so reflect.
Mr. Willard (06:34:47):
One moment please, Your Honor.
(06:34:47)
I'm sorry, Mr. Waddell. You mentioned that she told you she had to pick up Mr. Mullen, or you know him as Chad, from his location because his car broke down?
Kenneth Waddell (06:34:59):
Yes, sir.
Mr. Willard (06:35:03):
His vehicle broke down? Did she describe what she said to Chad or the reason why she got Chad to agree to come with her?
Kenneth Waddell (06:35:13):
To talk about mending the relationship.
Mr. Willard (06:35:17):
Okay. So she said she told you that this was kind of... she told Chad that he wanted to talk about mending the relationship. That's how she got him to go with her?
Kenneth Waddell (06:35:26):
Yes, sir.
Mr. Willard (06:35:34):
I have nothing further. Thank you, Your Honor.
Judge (06:35:35):
Okay.
(06:35:35)
And Defendant?
Smith (06:35:44):
Caylen called you around September 20th, right?
Kenneth Waddell (06:35:48):
Yes. Sounds good.
Smith (06:35:50):
And you were living in Illinois at the time?
Kenneth Waddell (06:35:52):
Yes.
Smith (06:35:54):
She asked you to come to Florida?
Kenneth Waddell (06:35:56):
Correct.
Smith (06:35:57):
To get Ostara?
Kenneth Waddell (06:35:58):
Correct.
Smith (06:36:01):
You left work on Friday the 20th and drove down to Florida?
Kenneth Waddell (06:36:04):
Correct.
Smith (06:36:06):
You arrived on September 21st, which was a Saturday?
Kenneth Waddell (06:36:09):
Okay. Yes.
Smith (06:36:12):
You checked into the hotel?
Kenneth Waddell (06:36:13):
I did.
Smith (06:36:16):
Caylen and Ostara came over?
Kenneth Waddell (06:36:18):
Yes, sir.
Smith (06:36:20):
And over the next two days, Caylen gave you little bits and pieces of what happened?
Kenneth Waddell (06:36:24):
Yes, sir.
Smith (06:36:26):
You didn't sit down and have a full, uninterrupted conversation, did you?
Kenneth Waddell (06:36:30):
No, sir.
Smith (06:36:33):
You took those bits and pieces and you put them together, right?
Kenneth Waddell (06:36:38):
Correct.
Smith (06:36:40):
And you formulated what you believe happened that day at the stable, right?
Kenneth Waddell (06:36:43):
Correct.
Smith (06:36:48):
Let's go over these bits and pieces. You believed, or you say that Caylen told you she dropped Ostara off at Rebecca's house, right? Rebecca Davis?
Kenneth Waddell (06:37:00):
No name, but she dropped her off at a sitter.
Smith (06:37:04):
Do you remember being interviewed by Detective Fussell?
Kenneth Waddell (06:37:11):
After all this? Yes, sir.
Smith (06:37:13):
And that was on September 23rd?
Kenneth Waddell (06:37:17):
It would've been the Sunday. Yes, sir. Whatever.
Smith (06:37:20):
It was actually a Monday.
Kenneth Waddell (06:37:21):
A Monday, yeah.
Smith (06:37:22):
So you arrived on Saturday the 21st. Over the 21st and the 22nd, Caylen's giving you bits and pieces?
Kenneth Waddell (06:37:30):
Yes.
Smith (06:37:31):
Right?
Kenneth Waddell (06:37:31):
Correct.
Smith (06:37:33):
And then, you're interviewed by Detective Fussell on the 23rd?
Kenneth Waddell (06:37:36):
Correct.
Smith (06:37:40):
And you told Detective Fussell that Caylen told you that Rebecca Davis was involved?
Kenneth Waddell (06:37:47):
If I did, it was because she said that's who she got the gun from.
Smith (06:38:00):
And you say that Caylen told you that she dropped Ostara off at Rebecca Davis's house?
Kenneth Waddell (06:38:05):
She might have.
Smith (06:38:08):
Would looking at a-
Kenneth Waddell (06:38:08):
I know that she dropped her off a sitter.
Smith (06:38:11):
Would looking at a copy of the interview refresh your recollection as to whether you told Detective Fussell that Caylen told you she dropped Ostara off at Rebecca's house?
Kenneth Waddell (06:38:23):
I mean, I guess.
Smith (06:38:24):
May I approach the witness?
(06:38:26)
And this would be Page 6, and it would be Lines 14 through 16. If you just read. 6. Oh, it's right here. So it'd be Page 6, Lines 14 through 16. So Lines 14 through 16, could you just read that to yourself, and then look up when you're done?
Kenneth Waddell (06:39:21):
14 through 16. I did mention her name.
Smith (06:39:30):
Okay.
Kenneth Waddell (06:39:31):
"Drops her off at Rebecca's."
Smith (06:39:33):
So you told Detective Fussell that Caylen told you she dropped Ostara off at Rebecca Davis's house, correct?
Kenneth Waddell (06:39:43):
Correct. That's what it says. Yes, sir.
Smith (06:39:44):
Okay. And you even mentioned that Rebecca had a nickname, right? Becca?
Kenneth Waddell (06:39:51):
Becca, yeah.
Smith (06:39:52):
Okay. And after the shooting, Caylen went and got Becca?
Kenneth Waddell (06:40:00):
No.
Smith (06:40:02):
Once again, do you remember being interviewed by Detective Fussell?
Kenneth Waddell (06:40:05):
Yes. I did not say that. I don't care what that paper says. I said I would investigate Rebecca being the one that helped her. Caylen never mentioned the name.
Smith (06:40:20):
So this would be Page 6 again, Lines 18 through 19.
(06:40:27)
May I approach the witness?
Judge (06:40:28):
Yes.
Smith (06:40:29):
Could you please read Lines 18 through 19?
Kenneth Waddell (06:40:37):
So somewhere in here-
Smith (06:40:40):
Did you read it?
Kenneth Waddell (06:40:40):
Yes.
Smith (06:40:41):
Did you understand it?
Kenneth Waddell (06:40:42):
Yep.
Smith (06:40:43):
In there, did you tell Detective Fussell that Caylen said she went and picked up Rebecca to help move the body?
Kenneth Waddell (06:40:51):
No.
Smith (06:40:52):
That's not what's in here.
Kenneth Waddell (06:40:54):
That's what's on that, but that's not the official...
Smith (06:41:02):
Okay. So you're saying-
Kenneth Waddell (06:41:02):
Whatever they're called.
Mr. Willard (06:41:02):
Your Honor, State's going to object. Can we go sidebar?
Judge (06:41:03):
Sure.
Smith (06:43:21):
All right. So you testified today that Caylen told you that Stormy was involved, right?
Kenneth Waddell (06:43:25):
Yes, sir.
Smith (06:43:28):
Stormy is Caylen's horse?
Kenneth Waddell (06:43:29):
Yes, sir.
Smith (06:43:31):
And she said that Stormy dragged him into the management area?
Kenneth Waddell (06:43:35):
Drug to a point where they could get the body into a car, yes.
Smith (06:43:45):
So let's talk about what Caylen didn't say.
Kenneth Waddell (06:43:48):
Okay.
Smith (06:43:49):
In all these bits and pieces, she never told you she put the body in a pond, did she?
Kenneth Waddell (06:43:56):
Just water.
Smith (06:44:00):
She never told you that she buried the body?
Kenneth Waddell (06:44:03):
No. No.
Smith (06:44:03):
Is that a no?
Kenneth Waddell (06:44:04):
Sorry.
Smith (06:44:06):
She never told you where the body was?
Kenneth Waddell (06:44:08):
No.
Smith (06:44:10):
In fact, you and Caylen went to the stable that weekend, didn't you?
Kenneth Waddell (06:44:14):
Yes, sir.
Smith (06:44:15):
She never took you and said, "This is where it happened"?
Kenneth Waddell (06:44:17):
No, sir.
Smith (06:44:27):
Now, she was with you pretty much that whole weekend, right? Meaning Caylen?
Kenneth Waddell (06:44:31):
Yes, sir.
Smith (06:44:34):
You said that you didn't see her sleep for the two days?
Kenneth Waddell (06:44:37):
Correct.
Smith (06:44:40):
So you got there on Saturday?
Kenneth Waddell (06:44:42):
Yes, sir.
Smith (06:44:43):
You didn't see her sleep on Saturday night?
Kenneth Waddell (06:44:45):
No, sir.
Smith (06:44:45):
And you didn't see her sleep on Sunday?
Kenneth Waddell (06:44:47):
No, sir.
Smith (06:44:49):
In fact, you described the way she was talking as insane talk?
Kenneth Waddell (06:44:54):
Yes, sir.
Smith (06:45:00):
Now, Caylen told you where she got the gun, right?
Kenneth Waddell (06:45:02):
Yes, sir.
Smith (06:45:03):
That was from Rebecca Davis?
Kenneth Waddell (06:45:07):
Yes, sir.
Smith (06:45:07):
And that it was a 9mm?
Kenneth Waddell (06:45:07):
Yes, sir.
Smith (06:45:08):
And she told you that she had gotten the gun based on an incident that had occurred at her residence previously?
Kenneth Waddell (06:45:13):
Correct.
Smith (06:45:13):
About a month before?
Kenneth Waddell (06:45:14):
Correct.
Smith (06:45:23):
Now, you've done a lot of interviews in regards to this case since it occurred, right?
Kenneth Waddell (06:45:28):
Police interviews?
Smith (06:45:30):
You've been interviewed by the Jacksonville News?
Kenneth Waddell (06:45:32):
Yes, sir.
Smith (06:45:32):
On multiple occasions?
Kenneth Waddell (06:45:35):
Possibly. At least once.
Smith (06:45:37):
You've talked to the St. John's Citizen Facebook page?
Kenneth Waddell (06:45:40):
Yes, sir.
Smith (06:45:40):
A couple times?
Kenneth Waddell (06:45:42):
Yes, at least once.
Smith (06:45:44):
You've been on a true-crime podcast?
Kenneth Waddell (06:45:47):
No, sir.
Smith (06:45:48):
You didn't go on Classified Crime?
Kenneth Waddell (06:45:50):
Oh, Classified Crime. Yeah, that's not true-crime.
Smith (06:45:52):
It's a true-crime podcast, right? It's a podcast, YouTube channel?
Kenneth Waddell (06:45:57):
Yes, YouTube channel.
Smith (06:45:58):
You've been on there multiple times?
Kenneth Waddell (06:46:00):
Probably, yes.
Smith (06:46:01):
In fact, the most recent time you spoke to them was in April of this year.
Kenneth Waddell (06:46:06):
Yes, sure.
Smith (06:46:09):
You were in quite the demand, weren't you, to get what you had to say?
Kenneth Waddell (06:46:14):
I wanted it out there.
Smith (06:46:16):
People wanted your story, right?
Kenneth Waddell (06:46:19):
A few did, yes.
Smith (06:46:22):
In fact, people started reaching out to you, right?
Kenneth Waddell (06:46:26):
Not that-
Smith (06:46:26):
Media reached out to you, right?
Kenneth Waddell (06:46:29):
Shortly after it became a public thing, yes. A couple of news stations text and wanted to do interviews.
Smith (06:46:36):
People were reaching out to you through Facebook?
Kenneth Waddell (06:46:42):
Yeah. Messenger. Yeah, giving me messages and what have you. Not for interviews. Just sorry that Ostara had gone through this.
Smith (06:46:50):
And you and these people came up with your own conclusions on what happened that day, didn't you?
Mr. Willard (06:46:56):
Objection. Speculation.
Judge (06:46:58):
Sustained.
Smith (06:47:01):
You've spoken to Chad's mother, Willette?
Kenneth Waddell (06:47:03):
Yes. Yes, sir.
Smith (06:47:04):
On multiple occasions?
Kenneth Waddell (06:47:05):
Yes, sir.
Smith (06:47:07):
You've spoken to his daughter, Holli, on multiple occasions?
Kenneth Waddell (06:47:11):
Less than his mother, but yes, a couple times.
Smith (06:47:13):
And you and Holli were relaying information back and forth that you had learned, correct?
Kenneth Waddell (06:47:17):
Yes, sir.
Smith (06:47:19):
Same thing with Kelly Stromstad. You spoke with her too, right?
Kenneth Waddell (06:47:22):
Yes. Her more so than Holli.
Smith (06:47:25):
And you shared information with her, also?
Kenneth Waddell (06:47:27):
Yes.
Smith (06:47:28):
And in fact, there was a GoFundMe that was started in regards to Ostara, wasn't there?
Kenneth Waddell (06:47:33):
Not by me or Kelly.
Smith (06:47:34):
There was a GoFundMe that was started, correct?
Kenneth Waddell (06:47:37):
Yes.
Smith (06:47:38):
You received $3,000 from that?
Kenneth Waddell (06:47:41):
More than that.
Smith (06:47:43):
And 3,000 of that was from Tony Mullen, correct?
Kenneth Waddell (06:47:46):
I believe so, yes.
Smith (06:47:49):
Now you've heard different theories on this case on what happened over this period of time, haven't you?
Kenneth Waddell (06:47:54):
Yes.
Smith (06:47:58):
As far as you knew, Caylen and Chad had an on-again, off-again relationship, right?
Kenneth Waddell (06:48:03):
Correct.
Smith (06:48:00):
And Chad had an on-again, off-again relationship, right?
Waddell (06:48:03):
Correct.
Smith (06:48:06):
Caylen never told you she planned to kill Chad?
Waddell (06:48:08):
No, sir.
Smith (06:48:22):
That's all I have. Thank you.
Judge (06:48:23):
All right. And, Mr. Waddell...
Mr. Willard (06:49:01):
Mr. Waddell, when you gave your statement to Detective Fussell, was that prior to any reward or any GoFundMe or anything of that nature, any type of monetary reimbursement?
Waddell (06:49:15):
Yes, sir.
Mr. Willard (06:49:18):
Okay. And when you gave your statement to Lieutenant Fussell, or Detective Fussell, that statement you gave to Detective Fussell, has that changed? Has the facts that you relayed to Detective Fussell changed in any way?
Waddell (06:49:33):
Not that I'm aware of. It wasn't like he was stating I... Some point, either before that or after that, I said, "I put Rebecca as the helper," because I knew that's who she got the gun from. I said, "That's where I would start."
Mr. Willard (06:49:54):
Okay. Well, and I'm going to talk about that in a minute, but in terms of what you relayed to Detective Fussell based on what the defendant told you, has that ever changed since the time that you told Lieutenant Fussell that information?
Waddell (06:50:10):
No.
Mr. Willard (06:50:11):
You never changed your story?
Waddell (06:50:12):
No, sir.
Mr. Willard (06:50:12):
Okay. Let's go back to the issue regarding this person named Rebecca Davis.
Waddell (06:50:19):
Yes, sir.
Mr. Willard (06:50:19):
Now, you mentioned Rebecca Davis's name to Detective Fussell as someone that may have helped the defendant.
Waddell (06:50:28):
Yes, sir.
Mr. Willard (06:50:28):
Why'd you mention that name?
Waddell (06:50:30):
Only because I knew that's who she got the gun from.
Mr. Willard (06:50:34):
Did the defendant tell you that Rebecca Davis helped her move the body?
Waddell (06:50:39):
No, sir.
Mr. Willard (06:50:39):
Okay. You just assumed that's what happened, so you gave that information?
Waddell (06:50:45):
Right. And right or wrong, that's what I assumed because that's who she got the gun from.
Mr. Willard (06:50:49):
Okay. Did the defendant mention to you that she was acting in self-defense that night?
Waddell (06:51:00):
No.
Mr. Willard (06:51:00):
Okay. And when she mentioned to you that she contacted Chad to bring him to her property, she told you that was to talk about the relationship?
Smith (06:51:20):
Objection, asked and answered.
Judge (06:51:21):
I'll overrule the objection.
Mr. Willard (06:51:29):
You may answer, Mr. Waddell.
Waddell (06:51:31):
Yes.
Mr. Willard (06:51:32):
Okay.
(06:51:35)
One moment please, Your Honor. Thank you, Your Honor. Nothing further.
Judge (06:51:52):
Any recross, Mr. Smith?
Smith (06:51:55):
No.
Judge (06:51:56):
No?
(06:51:56)
Thank you, sir.
(06:51:56)
All right. And, State, who's your next witness?
Lawyer 2 (06:52:35):
Yes, the State will call Detective Harman.
Judge (06:52:38):
Would you raise your right hand, please, for me?
Speaker 33 (06:52:39):
Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, whole truth, and nothing but the truth, so help you God?
Detective Maria Harman (06:52:44):
I do.
Speaker 33 (06:52:44):
Thank you.
Lawyer 2 (06:52:44):
Good afternoon. How are you doing?
Detective Maria Harman (06:52:44):
Good afternoon. I'm good. How are you?
Lawyer 2 (06:53:13):
Good. Good. Can you introduce yourself to the jury, spell your last name?
Detective Maria Harman (06:53:15):
My name is Maria Harman. I work for the Putnam County Sheriff's Office. My last name is spelled H-A-R-M-A-N, first name Maria, M-A-R-I-A.
Lawyer 2 (06:53:26):
What are you presently assigned doing at the sheriff's office, ma'am?
Detective Maria Harman (06:53:29):
Right now, I work for the Patrol Division, so I work the streets.
Lawyer 2 (06:53:34):
Back in 2024, where were you assigned to?
Detective Maria Harman (06:53:39):
I was assigned to the Detective Unit. I worked sex crimes.
Lawyer 2 (06:53:44):
Did you receive any specialized training in phone downloads?
Detective Maria Harman (06:53:48):
I did. I'm a certified analyst for the Cellebrite software, and I'm also the person that did most of the downloads during that timeframe.
Lawyer 2 (06:54:02):
Can you tell us how you became certified to download cell phones?
Detective Maria Harman (06:54:06):
I took two different courses with Cellebrite, it's actually a week long, where you get certified two different ways and you learn how to extract the information, how the software works, how to do different types of extractions and things like that.
Lawyer 2 (06:54:26):
And through the course of your career, how many cell phones do you think you've downloaded? Hundreds?
Detective Maria Harman (06:54:32):
Probably.
Lawyer 2 (06:54:35):
Okay. I want to bring your attention now back to the end of 2024 in October.
(06:54:42)
May I approach the witness, Judge?
Judge (06:54:43):
Yes.
Lawyer 2 (06:54:44):
I'm going to approach and show you what's marked as GG, I think, or CC.
Judge (06:54:51):
Has the defense seen it?
Lawyer 2 (06:54:52):
Yes, ma'am.
(06:54:53)
I'm going to show you what's marked as GG. If you can look at the cover page. Acquaint yourself with it, and then we'll talk a little bit about it. Okay. So this is a cover page for when you download something from Cellebrite. It gives you all the information about the phone, the person who downloaded it and the date it was done?
Detective Maria Harman (06:55:28):
Yes, it is.
Lawyer 2 (06:55:29):
And did you download this phone on October 4th, 2024?
Detective Maria Harman (06:55:33):
Yes, I did.
Lawyer 2 (06:55:33):
Okay. And when you download this phone, specifically this phone, what do you do? Do you plug it in and then download it to a hard drive?
Detective Maria Harman (06:55:42):
Yeah. So the software itself, you plug the phone in just like you would if you're charging your phone, and then you select which method you would like to extract the information in. And then once that method is selected, you can go ahead and download all the information. All of our information is then taken and it's stored on our server side for use afterwards and then, also, it's stored on a USB drive.
Lawyer 2 (06:56:10):
And your name is specifically on this cover page, correct?
Detective Maria Harman (06:56:14):
Yes, it's right there.
Lawyer 2 (06:56:16):
Okay. And I know we only have one page that we're going to move in here, but when you do a download, it downloads the entire phone, is that correct?
Detective Maria Harman (06:56:24):
Yes.
Lawyer 2 (06:56:25):
So we're talking thousands, if not hundreds of thousands of pages or images or that kind of stuff?
Detective Maria Harman (06:56:30):
Yes. Usually, it's probably about 6 to 27 gigabytes.
Lawyer 2 (06:56:36):
Okay. That's all, you think?
Detective Maria Harman (06:56:40):
Probably. Some of them are more.
Lawyer 2 (06:56:41):
Okay.
Detective Maria Harman (06:56:41):
It just depends on how much is actually stored on the phone. A lot of people have things that are transferred from phone to phone to phone, so it can get up to, sometimes, two terabytes.
Lawyer 2 (06:56:50):
Gotcha. Okay. And is this a fair depiction of the cover sheet and then what an item would've ... that was in the phone?
Detective Maria Harman (06:56:58):
Yes.
Lawyer 2 (06:56:58):
Okay.
(06:56:59)
Judge, at this time the State would move in State's number GG.
Judge (06:57:04):
Any objection? It would be introduced as State's 23.
Lawyer 2 (06:57:14):
And that was Tina Marie Ellis's phone. Is that the one you downloaded?
Detective Maria Harman (06:57:18):
Yes.
Lawyer 2 (06:57:18):
Okay. I'll ask a few questions more. Do you remember what kind of cell phone it was?
Detective Maria Harman (06:57:26):
I believe it was a iPhone 8.
Lawyer 2 (06:57:30):
And yes, I think you had indicated, previously, when we talked, that the... The kind of device name that it names there, that's for an iPhone 8?
Detective Maria Harman (06:57:41):
Yes, the D211AP.
Lawyer 2 (06:57:45):
Okay. And we'll discuss this with Detective Fussell, but what was downloaded from her phone that we included, is this just some locations for a Ms. Tina Marie Ellis's device during certain dates?
Detective Maria Harman (06:57:58):
Yeah, certain dates and times, and also it gives the position, which is basically the geographical position of where the phone was.
Lawyer 2 (06:58:07):
So longitude and latitude?
Detective Maria Harman (06:58:09):
Yes.
Lawyer 2 (06:58:09):
Okay. Thank you, ma'am.
(06:58:12)
I don't have any other questions, Judge.
Smith (06:58:14):
I have no questions.
Judge (06:58:15):
All right.
Detective Maria Harman (06:58:16):
Thank you.
Mr. Willard (06:58:17):
The State would call Detective Fussell.
Speaker 33 (06:58:45):
Can you raise your right hand for me? Do you solemnly swear or affirm that the testimony you shall give in this cause will be the truth, the whole truth, and nothing but the truth, so help you God?
Detective Jesse Fussell (06:59:33):
I do.
Speaker 33 (06:59:42):
Thank you.
Mr. Willard (06:59:42):
Good afternoon, sir. Would you please state your name for the record?
Detective Jesse Fussell (06:59:44):
My name is Jesse Fussell.
Mr. Willard (06:59:45):
And where do you work?
Detective Jesse Fussell (06:59:47):
I work for the Putnam County Sheriff's Office.
Mr. Willard (06:59:48):
What is your current position and rank?
Detective Jesse Fussell (06:59:50):
I'm currently a lieutenant. I'm a watch commander, a patrol lieutenant.
Mr. Willard (06:59:55):
And how long have you worked in law enforcement?
Detective Jesse Fussell (06:59:57):
December will be 14 years.
Mr. Willard (06:59:59):
Were you working as a detective with Putnam Sheriff's Office back in 2024?
Detective Jesse Fussell (07:00:03):
Yes.
Mr. Willard (07:00:05):
And in which division were you working?
Detective Jesse Fussell (07:00:06):
I was in investigations.
Mr. Willard (07:00:09):
And how long have you been a detective in that division?
Detective Jesse Fussell (07:00:12):
At the time, it was probably over a year, but I'd had prior experience as an investigator.
Mr. Willard (07:00:19):
And what were your duties back then?
Detective Jesse Fussell (07:00:21):
At that time, I was a sergeant over major crime investigations.
Mr. Willard (07:00:25):
Now, can you give us a little background into your training and education you went through to become a detective?
Detective Jesse Fussell (07:00:31):
I've taken investigative courses, trainings. I've investigated hundreds of cases ranging from thefts to armed robberies to homicides.
Mr. Willard (07:00:43):
And what type of training have you received in reading or interpreting phone records?
Detective Jesse Fussell (07:00:50):
I've been shown how to do it, what we're looking for as law enforcement.
Mr. Willard (07:00:57):
Okay. And have you had experience interpreting phone records in previous investigations?
Detective Jesse Fussell (07:01:00):
Yes.
Mr. Willard (07:01:04):
And have you had training in interpreting GPS records associated with phone records?
Detective Jesse Fussell (07:01:08):
Yes.
Mr. Willard (07:01:09):
And has that been in prior investigations as well?
Detective Jesse Fussell (07:01:12):
Yes.
Mr. Willard (07:01:15):
When did you get assigned this case?
Detective Jesse Fussell (07:01:17):
I was assigned this case on September 17th, 2024.
Mr. Willard (07:01:22):
And tell us a little bit, how did you get involved?
Detective Jesse Fussell (07:01:24):
So I became involved because it came in as a missing person's report. Due to staffing at the time, I decided to work the case.
Mr. Willard (07:01:33):
Okay. And who was the person that was listed as missing at that time?
Detective Jesse Fussell (07:01:38):
It'd have been Chad Mullen.
Mr. Willard (07:01:39):
And do you recall when it was first reported that he was missing?
Detective Jesse Fussell (07:01:43):
I believe it was reported to us on September 15th, 2024.
Mr. Willard (07:01:54):
Now, early on in this investigation, was your agency provided records from the Find My Phone app associated with Mr. Mullen's phone?
Detective Jesse Fussell (07:02:03):
Yes.
Mr. Willard (07:02:06):
And was this a phone that Mr. Mullen had been loaned?
Detective Jesse Fussell (07:02:12):
Yes.
Mr. Willard (07:02:16):
And through those records, they've already been introduced, but did that record indicate a date and location of when Mr. Mullen's phone last pinged or was last documented to be?
Detective Jesse Fussell (07:02:31):
Yes.
Mr. Willard (07:02:32):
Do you recall the date of this document?
Detective Jesse Fussell (07:02:34):
I believe the date would've been September 10th, 2024, on or about 1:15 p.m.
Mr. Willard (07:02:41):
And where was the location of its last ping?
Detective Jesse Fussell (07:02:44):
It'd been 465 San Mateo Road in San Mateo, Florida.
Mr. Willard (07:02:50):
Okay. I'm sorry, what was the address again?
Detective Jesse Fussell (07:02:53):
465.
Mr. Willard (07:02:54):
San Mateo?
Detective Jesse Fussell (07:02:55):
Yes.
Mr. Willard (07:02:55):
Okay. And were you provided the phone number that Mr. Mullen was using at that time?
Detective Jesse Fussell (07:03:04):
I was.
Mr. Willard (07:03:07):
Okay. And with that phone number, were you able to determine the carrier for that phone?
Detective Jesse Fussell (07:03:11):
I was.
Mr. Willard (07:03:12):
And what was this carrier?
Detective Jesse Fussell (07:03:13):
That would've been T-Mobile.
Mr. Willard (07:03:15):
And through your investigation, did you execute a search warrant on T-Mobile for Mr. Mullen's phone records or the phone that he was using?
Detective Jesse Fussell (07:03:23):
Yes.
Mr. Willard (07:03:25):
Now, the address of 465 San Mateo Road, San Mateo, what is that address?
Detective Jesse Fussell (07:03:35):
It is what appears to be a farm.
Mr. Willard (07:03:39):
Okay. And did you learn, through investigation, who's associated with that address?
Detective Jesse Fussell (07:03:43):
Yes.
Mr. Willard (07:03:43):
And who was that?
Detective Jesse Fussell (07:03:45):
It had been the business, Stormy Stables, which was ran by Caylen Deller.
Mr. Willard (07:03:48):
Okay. Now, during your investigation, did you go to that 465 address?
Detective Jesse Fussell (07:03:57):
I did.
Mr. Willard (07:03:59):
When was that, do you recall?
Detective Jesse Fussell (07:04:02):
It'd have been September 17th, 2024.
Mr. Willard (07:04:05):
And who did you go with?
Detective Jesse Fussell (07:04:07):
I went with Detective Ascarate.
Mr. Willard (07:04:11):
When you arrived, can you describe the property, how you described or how you saw or observed that property? What did you see?
Detective Jesse Fussell (07:04:19):
Whenever I arrived, I observed a large tan metal building, probably something of a warehouse, and then there was a fence, and then behind the fence was two red buildings.
Mr. Willard (07:04:31):
And this is in Putnam County?
Detective Jesse Fussell (07:04:33):
Yes.
Mr. Willard (07:04:33):
Now, when you arrived, did you make contact with Ms. Deller?
Detective Jesse Fussell (07:04:37):
I did.
Mr. Willard (07:04:37):
Okay. I'm going to show you what's pre-marked as State's R.
(07:04:46)
May I approach, Your Honor?
Judge (07:04:48):
Yes.
Mr. Willard (07:04:51):
Showing you what's marked as State's R, do you recognize what this purports to show?
Detective Jesse Fussell (07:04:56):
Yes.
Mr. Willard (07:04:56):
And what does it purport to show?
Detective Jesse Fussell (07:04:58):
Caylen Deller.
Mr. Willard (07:04:58):
Is this a fair and accurate picture of Ms. Deller back in around September of 2024?
Detective Jesse Fussell (07:05:05):
Yes.
Mr. Willard (07:05:06):
Your Honor, at this time, State would move into evidence State's Exhibit R.
Judge (07:05:10):
Any objection?
Smith (07:05:11):
No objection.
Judge (07:05:12):
It'll be entered as State's 23.
Speaker 33 (07:05:13):
24, Judge.
Judge (07:05:18):
Oh, sorry. 24.
Mr. Willard (07:05:29):
And we're publishing it for the jury. This is the picture, State's Exhibit R.
(07:05:39)
When you went to that property, did you locate Mr. Mullen?
Detective Jesse Fussell (07:05:41):
I did not.
Mr. Willard (07:05:43):
Now, is there a nature preserve nearby?
Detective Jesse Fussell (07:05:46):
Yes.
Mr. Willard (07:05:46):
What's the name of that nature preserve?
Detective Jesse Fussell (07:05:48):
I believe it's going to be Dunns Creek Conservation Area.
Mr. Willard (07:05:50):
Any idea how large this area is?
Detective Jesse Fussell (07:05:52):
Approximately 3,000 acres.
Mr. Willard (07:05:54):
Are there lakes and ponds on that preserve?
Detective Jesse Fussell (07:05:57):
There is water, yes.
Mr. Willard (07:06:01):
Now, later that same day on September 17th, did you go to Mr. Mullen's residence at 128 Keystone Road in Palatka?
Detective Jesse Fussell (07:06:10):
Yes.
Mr. Willard (07:06:11):
Who did you go with?
Detective Jesse Fussell (07:06:12):
Detective Ascarate and Lieutenant Wells.
Mr. Willard (07:06:15):
Describe that property for us.
Detective Jesse Fussell (07:06:17):
It was probably an acre, acre and a half fenced-in property with a double-wide mobile home on it, and then a RV camper.
Mr. Willard (07:06:28):
How did the property appear to you when you arrived?
Detective Jesse Fussell (07:06:31):
It was overgrown. There was some items just strown about.
Mr. Willard (07:06:36):
Anything that was suspicious to you?
Detective Jesse Fussell (07:06:38):
Nothing at that time, no.
Mr. Willard (07:06:40):
Did you observe two dogs on the property?
Detective Jesse Fussell (07:06:42):
I did.
Mr. Willard (07:06:42):
Did they appear healthy and well?
Detective Jesse Fussell (07:06:44):
Yes.
Mr. Willard (07:06:45):
Was Mr. Mullen there?
Detective Jesse Fussell (07:06:46):
No.
Mr. Willard (07:06:46):
Did the property appear to have power?
Detective Jesse Fussell (07:06:52):
Yes.
Mr. Willard (07:06:54):
Now, when you went to that location and you were searching for Mr. Mullen or any evidence that might be relevant to his location, did you go inside the RV?
Detective Jesse Fussell (07:07:07):
Yes.
Mr. Willard (07:07:08):
And did you obtain any property inside?
Detective Jesse Fussell (07:07:11):
I did.
Mr. Willard (07:07:11):
What did you obtain?
Detective Jesse Fussell (07:07:11):
A toothbrush.
Mr. Willard (07:07:12):
Why did you obtain a toothbrush?
Detective Jesse Fussell (07:07:15):
For DNA comparison, if Mr. Mullen was never located.
Mr. Willard (07:07:20):
Okay. And that could help maybe identify a person or body that was located?
Detective Jesse Fussell (07:07:25):
Yes.
Mr. Willard (07:07:39):
I'm going to show you what's been pre-marked as State's Evidence T.
(07:07:47)
May I approach again, Your Honor?
Judge (07:07:57):
Yes, sir.
Mr. Willard (07:08:01):
This item I'm showing you, do you recognize what is inside this envelope?
Detective Jesse Fussell (07:08:07):
Would I be able to open it or...
Mr. Willard (07:08:08):
Yes.
(07:08:10)
Can we get a pair of scissors?
(07:08:27)
Detective Fussell, I'm going to have you put on a pair of gloves and hand you a pair of scissors. If you can open up that item. And if I could just have you just keep it down to yourself. That toothbrush on the side, do you recognize it as the same one that you collected from Mr. Mullen's RV?
Detective Jesse Fussell (07:09:25):
Yes.
Mr. Willard (07:09:26):
And is that in the same condition as when you collected it?
Detective Jesse Fussell (07:09:28):
Yes.
Mr. Willard (07:09:28):
If you could put that back in the envelope for me. All right. Hand that to me, and the scissors, please.
(07:09:41)
Your Honor, at this time, State would move into evidence State's Exhibit T.
Lawyer 2 (07:09:46):
Any objection?
Smith (07:09:48):
No objection.
Judge (07:09:48):
Admitted as State's 25.
Mr. Willard (07:10:09):
Now, during your investigation, did you make contact with a friend of Mr. Mullen by the name of Mr. Killian, Steven Killian?
Detective Jesse Fussell (07:10:19):
I did.
Mr. Willard (07:10:22):
Okay. And did he provide you information as to his last contact with Mr. Mullen?
Detective Jesse Fussell (07:10:27):
He did.
Mr. Willard (07:10:30):
And the information that you were provided by Mr. Killian, did you do anything to confirm what he told you?
Detective Jesse Fussell (07:10:36):
I did.
Mr. Willard (07:10:36):
What did you do?
Detective Jesse Fussell (07:10:38):
Spoke with Mr. Killian and he advised that he had-
Smith (07:10:41):
Objection, calls for hearsay.
Judge (07:10:43):
Sustained.
Mr. Willard (07:10:45):
After you heard what Mr. Killian told you, did you do anything on your part to confirm his story?
Detective Jesse Fussell (07:10:51):
Yes.
Mr. Willard (07:10:51):
What did you do?
Detective Jesse Fussell (07:10:53):
I reached out to a detective with the Green Cove Springs Police Department to review cameras, and I'd also reached out to a tow yard and learned that the vehicle he was using had been towed.
Mr. Willard (07:11:06):
Okay. And this was in Green Cove?
Detective Jesse Fussell (07:11:08):
Yes.
Mr. Willard (07:11:09):
Okay. And you said the vehicle he was using, you're referring to Chad Mullen?
Detective Jesse Fussell (07:11:11):
Yes.
Mr. Willard (07:11:11):
Okay.
Detective Jesse Fussell (07:11:16):
And that's why Mr. Killian had let Chad use his vehicle.
Mr. Willard (07:11:22):
Okay. Now, the next day, I'm going to take you to September 18th, 2024, did you contact two witnesses by the name of Sean and Angela Russo?
Detective Jesse Fussell (07:11:34):
I did.
Mr. Willard (07:11:34):
And was this regarding some information that they had to provide you?
Detective Jesse Fussell (07:11:39):
Yes.
Mr. Willard (07:11:43):
And did you meet with these two individuals to get their statements?
Detective Jesse Fussell (07:11:46):
I did.
Mr. Willard (07:11:47):
Now, let's forward to September 20th. Do you recall executing the first of several search warrants on the defendant's property located at 465 San Mateo Road in [inaudible 07:12:00]
Detective Jesse Fussell (07:12:00):
Yes.
Mr. Willard (07:12:03):
And why did you decide to execute a search warrant at that location?
Detective Jesse Fussell (07:12:08):
Because that was the last known location we had for Chad, according to the phone that he had been using.
Mr. Willard (07:12:12):
Okay. And when you say, "According to the phones he was using," are you referring to the Find My Phone app?
Detective Jesse Fussell (07:12:18):
Yes.
Mr. Willard (07:12:18):
Okay. And did FDLE assist with the execution of that search warrant?
Detective Jesse Fussell (07:12:22):
They did.
Mr. Willard (07:12:24):
And were they there to take pictures and document?
Detective Jesse Fussell (07:12:27):
Yes.
Mr. Willard (07:12:30):
When you executed that search warrant, did you have a chance to walk around the grounds of that property?
Detective Jesse Fussell (07:12:35):
Yes.
Mr. Willard (07:12:37):
Did you observe any lakes or ponds?
Detective Jesse Fussell (07:12:39):
Yes.
Mr. Willard (07:12:40):
Now, the date you executed the search warrant, was this right after a major storm had come through the area?
Detective Jesse Fussell (07:12:51):
Not on the first search warrant, no.
Mr. Willard (07:12:52):
Okay. There wasn't a major storm that had gone through the area prior to executing that search warrant?
Detective Jesse Fussell (07:13:02):
No.
Mr. Willard (07:13:02):
No? Okay.
Detective Jesse Fussell (07:13:03):
I think there was just some rains, but the-
Mr. Willard (07:13:06):
Okay. Had it been a fairly rainy season?
Detective Jesse Fussell (07:13:09):
Yes.
Mr. Willard (07:13:09):
Okay. When you observed the lakes at the Stormy Stables property, could you tell or have any idea how deep those lakes were?
Detective Jesse Fussell (07:13:23):
A guess would approximate the center of one of the ponds was probably 10 to 12 feet.
Mr. Willard (07:13:27):
Okay. Now, when you conducted your search of that property, did you find anything of evidentiary value?
Detective Jesse Fussell (07:13:35):
Not that I recall.
Mr. Willard (07:13:37):
Did you also walk inside the stables of that property?
Detective Jesse Fussell (07:13:41):
Yes.
Mr. Willard (07:13:43):
Did you observe gear that was associated with horseback riding?
Detective Jesse Fussell (07:13:47):
Yes.
Mr. Willard (07:13:49):
What did that gear consist of?
Detective Jesse Fussell (07:13:52):
Saddles, ropes, the reins.
Mr. Willard (07:13:58):
Okay. Now, forwarding you to the next development in this investigation on September 23rd, 2024, do you recall speaking to Kenneth Waddell by phone?
Detective Jesse Fussell (07:14:12):
Yes.
Mr. Willard (07:14:13):
And did he indicate he had some information to provide you?
Detective Jesse Fussell (07:14:15):
He did.
Mr. Willard (07:14:17):
And did you speak to him again on September 25th?
Detective Jesse Fussell (07:14:19):
Yes.
Mr. Willard (07:14:24):
Now, what was Mr. Waddell's relationship to the defendant?
Detective Jesse Fussell (07:14:28):
He was the father of their child they had in common.
Mr. Willard (07:14:32):
And did he contact you regarding admissions the defendant made to him?
Detective Jesse Fussell (07:14:38):
Yes.
Mr. Willard (07:14:41):
Now, based on your conversation with Mr. Waddell and what he relayed to you based on those admissions, did you schedule what's called a CPT or child protective team interview for his daughter, Ostara?
Detective Jesse Fussell (07:14:54):
Yes.
Mr. Willard (07:14:57):
And do you recall about how old Ostara was back then?
Detective Jesse Fussell (07:15:01):
She'd have been four or five years old.
Mr. Willard (07:15:04):
Do you recall who conducted the CPT?
Detective Jesse Fussell (07:15:06):
Yes. It was CPT Rebecca Simpson.
Mr. Willard (07:15:11):
And so what exactly is a CPT? What's a child protective interview?
Detective Jesse Fussell (07:15:15):
So a child protective interview is for children of violent crimes. CPT is a organization, I believe, that is accompanied out of University of Florida who does the interviews for these children due to the nature of the trauma that's surrounded with them.
Mr. Willard (07:15:33):
Was this related to abuse allegations involving Ostara and Mr. Mullen?
Detective Jesse Fussell (07:15:42):
Yes.
Mr. Willard (07:15:43):
Now, were you present for that CPT interview of the child?
Detective Jesse Fussell (07:15:49):
I was present at the building, yes.
Mr. Willard (07:15:50):
Okay. And were you aware if the child made any disclosures?
Smith (07:15:54):
Objection, calls for hearsay.
Judge (07:15:54):
[inaudible 07:16:03]
Mr. Willard (07:17:35):
So, Lieutenant Fussell, you said you weren't in the interview or participating in the interview, but did you observe the interview?
Detective Jesse Fussell (07:17:44):
Yes, I watched it.
Mr. Willard (07:17:44):
Okay. While observing the interview, did Ostara make any disclosures?
Detective Jesse Fussell (07:17:53):
Yes.
Mr. Willard (07:17:54):
I'm sorry, let me clarify. Did Ostara make any disclosures regarding the allegations of sexual abuse?
Detective Jesse Fussell (07:18:01):
No.
Mr. Willard (07:18:07):
Okay. So the CPT occurred on September 25th?
Detective Jesse Fussell (07:18:10):
Yes.
Mr. Willard (07:18:10):
Okay. On that same date, did you meet with Mr. Waddell in person?
Detective Jesse Fussell (07:18:16):
Yes.
Mr. Willard (07:18:17):
And did you get his sworn statement?
Detective Jesse Fussell (07:18:18):
Yes.
Mr. Willard (07:18:23):
And then based on your conversations with Mr. Waddell, did you believe Mr. Mullen was still alive?
Detective Jesse Fussell (07:18:31):
No.
Mr. Willard (07:18:31):
Okay.
(07:18:31)
Okay. Your Honor, can we go sidebar just a minute?
Judge (07:18:52):
Sure.
Mr. Willard (07:21:49):
Now, Detective Fussell, when you met with Kenneth Waddell, did he give details as to what the defendant told-
Mr. Willard (07:22:00):
Details as to what the defendant told him, what she did with Chad Mullen?
Lieutenant Fussell (07:22:07):
Yes.
Mr. Willard (07:22:07):
Okay. Did Mr. Waddell mention that the defendant told him or admitted to him that she killed Mr. Mullen?
Lieutenant Fussell (07:22:21):
Yes.
Mr. Willard (07:22:22):
Okay. Did he mention what or how she told him she did it?
Lieutenant Fussell (07:22:27):
Yes.
Mr. Willard (07:22:29):
What did he tell you?
Lieutenant Fussell (07:22:30):
Kenneth Waddell told me that the defendant had shot Chad Mullen twice.
Mr. Willard (07:22:34):
Okay. And did he tell you where the defendant told him where the location the shooting occurred?
Lieutenant Fussell (07:22:43):
I don't recall. I believe so. Actually, I don't recall.
Mr. Willard (07:22:46):
Okay. Did Mr. Waddell tell you what the defendant or how the defendant explained what she did with Mr. Mullen after the shooting?
Lieutenant Fussell (07:23:00):
Yes.
Mr. Willard (07:23:01):
What did he tell you?
Lieutenant Fussell (07:23:02):
That she had disposed of the body and a body of water. Okay.
Mr. Willard (07:23:06):
Did he tell you that the defendant admitted to what she used to transport the body?
Lieutenant Fussell (07:23:14):
That she had used the horse, Stormy.
Mr. Willard (07:23:16):
Stormy?
Lieutenant Fussell (07:23:17):
Yes.
Mr. Willard (07:23:17):
Okay. Did Mr. Waddell tell you what the defendant told him, the reason for her shooting and killing Mr. Mullen?
Lieutenant Fussell (07:23:29):
Yes.
Mr. Willard (07:23:30):
What did he say?
Lieutenant Fussell (07:23:31):
That Ostara had been abused by Chad.
Mr. Willard (07:23:44):
Now, once you heard this information about Mr. Mullen's body possibly being placed in some body of water, what did you do next?
Lieutenant Fussell (07:23:58):
We read another search warrant for the Stables property.
Mr. Willard (07:24:02):
Okay. 465 San Mateo?
Lieutenant Fussell (07:24:04):
Yes.
Mr. Willard (07:24:04):
Okay. And did you have assistance by anybody?
Lieutenant Fussell (07:24:08):
Yes.
Mr. Willard (07:24:10):
Who assisted with this search?
Lieutenant Fussell (07:24:11):
I believe it would've been Broward County Sheriff's Office, cadaver dog, our underwater search and rescue team at the sheriff's office. And I think that was the two entities that helped on this search warrant.
Mr. Willard (07:24:31):
And was that the search warrant that was executed on her property September 26th?
Lieutenant Fussell (07:24:36):
Yes.
Mr. Willard (07:24:37):
Did the dive team, did they actually enter the two ponds on the property?
Lieutenant Fussell (07:24:43):
Yes.
Mr. Willard (07:24:44):
Was any evidence located?
Lieutenant Fussell (07:24:45):
No.
Mr. Willard (07:24:46):
Mr. Mullen's body was not located?
Lieutenant Fussell (07:24:47):
No.
Mr. Willard (07:24:53):
Now on September 30th, 2024, did you receive the T-Mobile phone records from Mr. Mullen's phone?
Lieutenant Fussell (07:25:01):
Yes.
Mr. Willard (07:25:08):
And did those records... Did you have a chance to review those records?
Lieutenant Fussell (07:25:10):
Yes.
Mr. Willard (07:25:11):
And did those records contain GPS information?
Lieutenant Fussell (07:25:14):
Yes.
Mr. Willard (07:25:21):
And do you recall the phone number for Mr. Mullen?
Lieutenant Fussell (07:25:24):
May I refer back to my notes?
Mr. Willard (07:25:27):
And would it help to look at your notes to refresh your memory?
Lieutenant Fussell (07:25:29):
Yes.
Mr. Willard (07:25:30):
Please look at your notes.
Lieutenant Fussell (07:25:38):
So the phone number for Chad would've been (312) 933-7943.
Mr. Willard (07:26:14):
Now, once you obtained these records and after you went through them, did you forward them to the FBI for further investigation analysis?
Lieutenant Fussell (07:26:21):
Yes.
Mr. Willard (07:26:24):
And what was the purpose to send it to this agency?
Lieutenant Fussell (07:26:26):
To the FBI?
Mr. Willard (07:26:27):
Yeah.
Lieutenant Fussell (07:26:29):
To get, what's the word? Plotting for the cellular location data that we received.
Mr. Willard (07:26:37):
Okay. So you were trying to map the GPS coordinates associated with those records?
Lieutenant Fussell (07:26:42):
Yes.
Mr. Willard (07:26:42):
Okay. Now, while you were waiting for the FBI to create a map from the GPS coordinates, did you also analyze the GPS data yourself?
Lieutenant Fussell (07:26:51):
Yes.
Mr. Willard (07:26:52):
And what did you use to analyze that data?
Lieutenant Fussell (07:26:55):
We used a... It was an application called, I believe it's CellHawk.
Mr. Willard (07:27:02):
And once you ran it through CellHawk, what did you learn?
Lieutenant Fussell (07:27:06):
We had gotten location datas of where the phone had been.
Mr. Willard (07:27:10):
Now, what did the location data tell you? When you ran that location data, the GPS data through CellHawk?
Lieutenant Fussell (07:27:22):
Yes.
Mr. Willard (07:27:22):
What did you learn from that?
Lieutenant Fussell (07:27:24):
I just learned locations where the phone that Chad was using, where his phone had been.
Mr. Willard (07:27:30):
Okay.
Lieutenant Fussell (07:27:32):
Yeah.
Mr. Willard (07:27:33):
And do you recall any location data between late night hours of September 9th into the early morning hours of September 10th, any location data that was around the St. Johns area?
Lieutenant Fussell (07:27:58):
Yes.
Mr. Willard (07:27:58):
What did you learn?
Lieutenant Fussell (07:28:00):
We had learned that the phone in the early morning hours between, I think it's 3:30 and 5:00 AM had traveled through St. Johns County.
Mr. Willard (07:28:09):
Okay. Do you recall specifically where in St. Johns County?
Lieutenant Fussell (07:28:12):
It would've been State Road 206 and I believe it's US-1.
Mr. Willard (07:28:18):
Okay. Now, are you aware of any type of license plate recorder cameras in the area of 206 and 95?
Lieutenant Fussell (07:28:27):
Yes.
Mr. Willard (07:28:29):
Did you access or did you have access to that camera?
Lieutenant Fussell (07:28:32):
So we were able to access the DOT camera at State Road 206 and US-1, and then as well as the Flock camera that was at State Road 206 and 95?
Mr. Willard (07:28:44):
Okay. And Detective, I can have you speak up just a little bit louder.
Lieutenant Fussell (07:28:47):
All right.
Mr. Willard (07:28:49):
Let's start with the Flock camera.
Lieutenant Fussell (07:28:52):
What's a Flock camera?
(07:28:53)
Flock is just a company that manages a license plate reader system.
Mr. Willard (07:28:57):
Okay. And this Flock camera was located at 206 and 95?
Lieutenant Fussell (07:29:03):
Yes.
Mr. Willard (07:29:04):
Now, did you have access to the data from that camera?
Lieutenant Fussell (07:29:07):
Yes.
Mr. Willard (07:29:08):
Did you in fact access it for the early morning hours of September 10th to coordinate with the GPS you observed or the GPS plotting that you observed?
Lieutenant Fussell (07:29:19):
Yes.
Mr. Willard (07:29:20):
And what did you find from that camera?
Lieutenant Fussell (07:29:24):
That's whenever I learned of the white GMC Suburban.
Mr. Willard (07:29:27):
Okay. Now, were you able to preserve that data?
Lieutenant Fussell (07:29:31):
No.
Mr. Willard (07:29:32):
Why not?
Lieutenant Fussell (07:29:34):
A technical error on my behalf.
Mr. Willard (07:29:36):
Okay. So you observed a white GMC drive through that location. Did that coincide with one of the plotting or one of the GPS plotting of Mr. Mullen's phone?
Lieutenant Fussell (07:29:48):
It did.
Mr. Willard (07:29:56):
When you observed that data, did you observe a license plate associated or a tag associated with that white GMC?
Lieutenant Fussell (07:30:03):
I did.
Mr. Willard (07:30:05):
And did you run that license plate?
Lieutenant Fussell (07:30:06):
I did.
Mr. Willard (07:30:08):
And who did you learn it belonged to?
Lieutenant Fussell (07:30:10):
The vehicle belonged to, the tag belonged to a Tina Marie Lee-Ellis.
Mr. Willard (07:30:24):
And Lieutenant Fussell, I'm going to show you what's been marked as State's Exhibit U. This was already introduced. This is actually a self-authenticated document from Florida DHSMV. Your Honor, I would move this document in as a business record, which state filed notice for... Again, this is a Florida DHSMV record.
Judge (07:31:03):
Any objection? That will show it entered as State's 26.
Mr. Willard (07:31:24):
May I approach, Your Honor?
Judge (07:31:25):
Yes, sir.
Mr. Willard (07:31:26):
I'm going to show you what's now marked as State's 26. Is this the DHSMV record for the tag that you ran belonging to that white GMC?
Lieutenant Fussell (07:31:41):
Yes.
Mr. Willard (07:31:41):
Okay. And again, what does that record indicate who that white GMC belongs to?
Lieutenant Fussell (07:31:49):
Tina Marie Lee-Ellis.
Mr. Willard (07:31:50):
Okay. And what is the tag number?
Lieutenant Fussell (07:31:52):
It was NHQR17.
Mr. Willard (07:32:00):
And what type of vehicle was that exactly?
Lieutenant Fussell (07:32:02):
Late '90s white GMC Suburban.
Mr. Willard (07:32:13):
Now, you mentioned there was another camera. What type of camera was the one located at 206 and US-1?
Lieutenant Fussell (07:32:25):
It'd been a DOT camera.
Mr. Willard (07:32:26):
Okay. Now, how far away is that intersection from the Flock camera at 206 and 95?
Lieutenant Fussell (07:32:33):
I believe it's a mile and a half, two miles.
Mr. Willard (07:32:37):
And did you access that traffic, that DOT camera at 206 and US-1?
Lieutenant Fussell (07:32:45):
I was able to get a copy of that intersection, yes.
Mr. Willard (07:32:47):
And did you pull the time period associated with or that coincides with the data point that you observed Mr. Mullen's phone hit at?
Lieutenant Fussell (07:32:59):
Yes.
Mr. Willard (07:33:00):
About what time was that?
Lieutenant Fussell (07:33:02):
It'd been about 3:50 in the morning, 3:50 AM.
Mr. Willard (07:33:07):
And when you pulled that video, were you able to capture it?
Lieutenant Fussell (07:33:12):
Yes.
Mr. Willard (07:33:13):
Or actually download it and record it?
Lieutenant Fussell (07:33:14):
Yes.
Mr. Willard (07:33:15):
Okay. And did that video show the white GMC or a white GMC drive through that intersection?
Lieutenant Fussell (07:33:24):
Yes.
Mr. Willard (07:33:51):
If I may approach again. Lieutenant Fussell, I'm going to show you what's marked as State's Exhibit Y and then the composite State's Exhibit Z1 through three. Just take a look at Y first. Do you recognize or do you recall what's inside that envelope?
Lieutenant Fussell (07:34:14):
That would've been traffic cam footage at US-1 and State Road 206.
Mr. Willard (07:34:17):
Okay. And then these, what's marked as a composite Z1 through three, what do these purport to show?
Lieutenant Fussell (07:34:27):
Yeah, there's just going to be still shots of the video showing the white GMC Suburban.
Mr. Willard (07:34:32):
Okay. So the video in State's Exhibit Y, is this a fair and accurate recording of the download you created from the traffic camera at 206 and US-1?
Lieutenant Fussell (07:34:43):
Yes.
Mr. Willard (07:34:43):
And the stills in Z1 through three, are those fair and accurate stills from that traffic camera?
Lieutenant Fussell (07:34:51):
Yes.
Mr. Willard (07:34:52):
Your Honor, at this time, State would move into evidence State's Exhibits Y and Z1 through three.
Judge (07:34:59):
Any objection?
Speaker 34 (07:35:00):
No objection.
Judge (07:35:01):
Y will be entered as 27. Z will be entered as 28.
Mr. Willard (07:35:17):
Yeah. One moment please, Your Honor. Your Honor, at this time, the state would publish the video to the jury. Before we play it, can you just hold on one second? What is the date of this video.
Lieutenant Fussell (07:36:19):
September 10th, 2024.
Mr. Willard (07:36:21):
And what time are we looking at?
Lieutenant Fussell (07:36:23):
3:47 AM.
Mr. Willard (07:36:25):
And this is the traffic camera at US-1 and 206?
Lieutenant Fussell (07:36:28):
Yes.
Mr. Willard (07:36:28):
Can you give us a little orientation of what we're looking at at this, essentially a still, in terms of which street or which direction is US-1 and which direction is 206?
Lieutenant Fussell (07:36:40):
So State Road 206 is going to be the road the vehicle's on. It's traveling eastbound towards the beach.
Mr. Willard (07:36:47):
I'm going to point to the screen here where those headlights are.
Lieutenant Fussell (07:36:53):
Yes.
Mr. Willard (07:36:54):
Is that vehicle on 206 right now?
Lieutenant Fussell (07:36:56):
Yes.
Mr. Willard (07:36:57):
Okay. And then the intersection, I guess the crossroad is US-1?
Lieutenant Fussell (07:37:02):
Yes.
Mr. Willard (07:37:02):
Okay. You play that.
(07:37:18)
And that white SUV stopped at the light, is that the vehicle you're referencing?
Lieutenant Fussell (07:37:23):
Yes.
Mr. Willard (07:37:42):
And that was the location of one of the data points from Mr. Mullen's phone?
Lieutenant Fussell (07:37:47):
Yes.
Mr. Willard (07:37:49):
Around that time period?
Lieutenant Fussell (07:37:50):
Yes.
Mr. Willard (07:37:58):
And just to show you the screenshots, and those would be the three screenshots taken from that video we just observed?
Lieutenant Fussell (07:38:16):
Yes.
Mr. Willard (07:38:37):
Okay.
(07:38:37)
Yeah. Now, based on reviewing Mr. Mullen's phone records and the GPS data, and then the traffic camera video we just observed associated with the white GMC Suburban and the tag number on... Did you go to Ms. Ellis's residence at 131 Pine Street?
Lieutenant Fussell (07:39:10):
Yes.
Mr. Willard (07:39:11):
And what was the... Let me back up. Is her residence located in Putnam County?
Lieutenant Fussell (07:39:17):
Yes.
Mr. Willard (07:39:19):
Now, when you went to that residence, did you observe Ms. Ellis at the property?
Lieutenant Fussell (07:39:24):
No.
Mr. Willard (07:39:27):
When you went to that property, did you observe any vehicles there?
Lieutenant Fussell (07:39:30):
Yes.
Mr. Willard (07:39:31):
What did you observe?
Lieutenant Fussell (07:39:32):
The white GMC Suburban.
Mr. Willard (07:39:33):
And did that have that tag number of NHQR17?
Lieutenant Fussell (07:39:37):
Yes.
Mr. Willard (07:39:43):
And did you get photos of that vehicle?
Lieutenant Fussell (07:39:45):
Yes.
Mr. Willard (07:39:51):
And was this on October 1st of 2024?
Lieutenant Fussell (07:39:54):
That sounds accurate, yes.
Mr. Willard (07:39:57):
So after going to Ms. Ellis's residence, observing the white GMC Suburban with the matching tag from the license plate reader, did you then obtain a search warrant for her property?
Lieutenant Fussell (07:40:10):
Yes.
Mr. Willard (07:40:10):
And was that executed on October 1st as well?
Lieutenant Fussell (07:40:13):
Yes.
Mr. Willard (07:40:17):
Was Ms. Ellis at that property when you executed that search warrant?
Lieutenant Fussell (07:40:20):
She was not.
Mr. Willard (07:40:22):
Now, when you execute a search warrant at a property, do you typically leave the search warrant either with someone at the property or at the property itself?
Lieutenant Fussell (07:40:30):
Yes.
Mr. Willard (07:40:34):
If no one's there at the property, what do you do?
Lieutenant Fussell (07:40:37):
Leave it probably in an observable location.
Mr. Willard (07:40:41):
Where did you end up leaving the search warrant when you conducted the search at Ms. Ellis's property?
Lieutenant Fussell (07:40:45):
I believe it was left on the kitchen counter.
Mr. Willard (07:40:48):
And was the white GMC still at that location?
Lieutenant Fussell (07:40:53):
When?
Mr. Willard (07:40:54):
I'm sorry?
Lieutenant Fussell (07:40:54):
When?
Mr. Willard (07:40:55):
When you executed the search warrant, was it still at the property?
Lieutenant Fussell (07:40:58):
Yes.
Mr. Willard (07:40:58):
Okay. And was that vehicle seized?
Lieutenant Fussell (07:41:01):
Yes.
Mr. Willard (07:41:04):
Now, was another search warrant obtained and executed to enter the Suburban and basically do a further investigation inside the vehicle?
Lieutenant Fussell (07:41:17):
Yes.
Mr. Willard (07:41:21):
Now, during the course of your investigation, did you develop a phone number for Tina Marie Lee-Ellis?
Lieutenant Fussell (07:41:27):
I did.
Mr. Willard (07:41:28):
And do you have that number with you?
Lieutenant Fussell (07:41:30):
I do.
Mr. Willard (07:41:30):
Would it help to look at your notes?
Lieutenant Fussell (07:41:31):
It would.
Mr. Willard (07:41:32):
Okay. Please look at your notes.
Lieutenant Fussell (07:41:36):
Her number is going to be (386) 336-5446.
Mr. Willard (07:41:40):
And did you obtain a search warrant for Ms. Ellis's phone number with her carrier?
Lieutenant Fussell (07:41:46):
Yes.
Mr. Willard (07:41:47):
Okay. And which carrier did she use?
Lieutenant Fussell (07:41:52):
She was AT&T.
Mr. Willard (07:42:14):
Okay. Your Honor, at this time, the state would introduce into evidence State's Exhibit X, the download, or I'm sorry, the phone record for Ms. Ellis's phone as a business record, which notice was previously submitted.
Judge (07:42:34):
Any objection?
Speaker 34 (07:42:35):
No objection.
Judge (07:42:36):
All right. Move to be admitted as State's 29.
Mr. Willard (07:43:03):
Thank you. And Detective Fussell, just showing you what's been marked as State's 29. Is this the phone record for Ms. Ellis's phone with AT&T?
Lieutenant Fussell (07:43:13):
Yes.
Mr. Willard (07:43:13):
Okay. Thank you. Now, during the course of your investigation, did you have a chance to meet with Ms. Ellis?
Lieutenant Fussell (07:43:23):
I did.
Mr. Willard (07:43:26):
And I'd like to show you what's marked as State's Exhibit S. Lieutenant Fussell, do you recognize who this picture purports to be?
Lieutenant Fussell (07:43:44):
Yes.
Mr. Willard (07:43:45):
And who is it purporting to be?
Lieutenant Fussell (07:43:46):
That's Tina Lee Ellis.
Mr. Willard (07:43:47):
And is this a fair and accurate picture of Ms. Ellis back in September, October of 2024?
Lieutenant Fussell (07:43:53):
Yes.
Mr. Willard (07:43:54):
Your Honor, at this time, State would move into evidence State's Exhibit S.
Judge (07:43:57):
Any objection?
Speaker 34 (07:43:58):
No objection.
Judge (07:43:58):
Admitted as State's 30.
Mr. Willard (07:44:10):
Lieutenant Fussell, during your investigation, were you able to develop the defendant's phone number?
Lieutenant Fussell (07:44:16):
Yes.
Mr. Willard (07:44:17):
And how were you able to develop that number?
Lieutenant Fussell (07:44:20):
It was provided by, I believe, Ms. Stromstad.
Mr. Willard (07:44:24):
And here we're looking at a picture of... I should have slowed down a little bit. This is a picture of Ms. Ellis?
Lieutenant Fussell (07:44:30):
Yes.
Mr. Willard (07:44:31):
Okay. And do you recall what Ms. Deller's phone number was back in 2024?
Lieutenant Fussell (07:44:44):
I do.
Mr. Willard (07:44:46):
And do you have that written down anywhere?
Lieutenant Fussell (07:44:47):
I do.
Mr. Willard (07:44:47):
Would that help refresh your memory?
Lieutenant Fussell (07:44:48):
Yes.
Mr. Willard (07:44:49):
Please look at it.
Lieutenant Fussell (07:44:53):
Phone number would've been (386) 466-4049.
Mr. Willard (07:44:57):
And with that information, did you execute a search warrant for Ms. Deller's phone records?
Lieutenant Fussell (07:45:03):
Yes.
Mr. Willard (07:45:04):
And what was the carrier?
Lieutenant Fussell (07:45:06):
T-Mobile.
Mr. Willard (07:45:10):
And did you receive a copy of those records back on October 4th, 2024?
Lieutenant Fussell (07:45:15):
Yes.
Mr. Willard (07:45:23):
Your Honor, at this time, the state would introduce into evidence State's Exhibit B, the certified phone records of the defendant, which notice was previously submitted.
Judge (07:45:37):
All right. Defense have any objection?
Speaker 34 (07:45:44):
No objection.
Judge (07:45:44):
Admitted as State's 31.
Mr. Willard (07:45:55):
Now, when you received... Let me actually show you what's marked as State's 31. Are these the certified phone records for Ms. Deller from T-Mobile?
Lieutenant Fussell (07:46:07):
Yes.
Mr. Willard (07:46:08):
Okay. Now, when you received the phone records from both Ms. Ellis and the defendant, did you go through the GPS data of both records?
Lieutenant Fussell (07:46:19):
Yes.
Mr. Willard (07:46:23):
And did you review that data specifically for the dates of September 9th and September 10th of 2024?
Lieutenant Fussell (07:46:31):
Yes.
Mr. Willard (07:46:33):
Now, those phone records, the way they list the GPS data and the times, how are the times presented in the records?
Lieutenant Fussell (07:46:48):
Do you mean by GPS coordinates?
Mr. Willard (07:46:50):
Well, no. Let me back up. The time that's listed, that's associated with the GPS coordinates, but those times, the time zone, how is that presented in the records?
Lieutenant Fussell (07:47:03):
We received the time via UTC.
Mr. Willard (07:47:06):
Okay. What is UTC?
Lieutenant Fussell (07:47:07):
So UTC is a time zone during standard time for... There has to be a conversion from UTC to Eastern Standard Time. So you take the time and you subtract it by four hours.
Mr. Willard (07:47:20):
Okay. So when you take UTC time and you subtract it by four hours, does that give you the Eastern Daylight Time?
Lieutenant Fussell (07:47:28):
Yes.
Mr. Willard (07:47:30):
Okay. So UTC time is, say, it's a 24-hour time period?
Lieutenant Fussell (07:47:35):
Yes.
Mr. Willard (07:47:35):
So if UTC lists it as 2400 hours, which would be normally associated with midnight, if you subtract four hours, what time is that Eastern Daylight Time?
Lieutenant Fussell (07:47:47):
It'd be 8:00 PM.
Mr. Willard (07:47:48):
Okay. Now, did you also develop the phone number for Michelle Roberts?
Lieutenant Fussell (07:48:06):
Yes.
Mr. Willard (07:48:07):
Did you actually interview Ms. Roberts?
Lieutenant Fussell (07:48:09):
Briefly.
Mr. Willard (07:48:10):
Okay. And do you have her phone number with you?
Lieutenant Fussell (07:48:14):
I do.
Mr. Willard (07:48:14):
Would it help refresh your memory?
Lieutenant Fussell (07:48:15):
Yes.
Mr. Willard (07:48:16):
If you look at your notes?
Lieutenant Fussell (07:48:16):
Yes.
Mr. Willard (07:48:17):
Okay. If you can do that for us.
Lieutenant Fussell (07:48:19):
Michelle Roberts' phone number was (386) 937-7654.
Mr. Willard (07:48:21):
Okay.
(07:48:22)
If I may approach again, I'm going to show you what's been pre-marked as State's Exhibit CC. Do you recognize what this purports to show?
Lieutenant Fussell (07:49:00):
Yes.
Mr. Willard (07:49:01):
And what is it?
Lieutenant Fussell (07:49:03):
Individuals and their phone numbers associated with them.
Mr. Willard (07:49:05):
Okay. And how many individuals are being listed in this diagram?
Lieutenant Fussell (07:49:10):
Four.
Mr. Willard (07:49:10):
And who are they?
Lieutenant Fussell (07:49:13):
The defendant, the victim, and two witnesses.
Mr. Willard (07:49:18):
Those witnesses, is that Tina Marie Ellis and Michelle Roberts?
Lieutenant Fussell (07:49:20):
Yes.
Mr. Willard (07:49:21):
And are these phone numbers accurate phone numbers for each of the four individuals?
Lieutenant Fussell (07:49:24):
Yes.
Mr. Willard (07:49:25):
Your Honor, at this time, State would move into evidence State's Exhibit CC.
Judge (07:49:29):
Objection?
Speaker 34 (07:49:30):
No objection.
Judge (07:49:30):
It'll be entered as State's 32.
Mr. Willard (07:49:52):
And just publishing to the jury, the four phone numbers, we have Caylen Deller at (386) 466-4049, Chad Mullen, (312) 933-7943, Tina Marie Lee-Ellis, (386) 336-5446, and Michelle Roberts, (386) 937- 7654. Yes. Yeah. And if I may approach the witness again, I'm going to show you, Lieutenant Fussell, what's marked as State's Exhibit EE. Is this a excerpt from the defense phone records that shows all the times the defendant called the victim, Mr. Mullen?
Lieutenant Fussell (07:51:47):
Yes.
Mr. Willard (07:51:48):
And what time period is that from?
Lieutenant Fussell (07:51:51):
September 3rd, 2024 until September 10th, 2024.
Mr. Willard (07:51:55):
Okay. And again, these times are listed in UTC time. Is that correct?
Lieutenant Fussell (07:52:00):
Yes.
Mr. Willard (07:52:01):
Okay. So to get Eastern Daylight Time, you have to subtract four hours from each of the times?
Lieutenant Fussell (07:52:06):
Yes.
Mr. Willard (07:52:06):
Okay. And this record, is this an accurate portrayal of all the times the defendant called or contacted the victim's phone between September 3rd and September 10th?
Lieutenant Fussell (07:52:16):
Yes.
Mr. Willard (07:52:17):
Your Honor, at this time, the state would move into evidence State's Exhibit EE.
Judge (07:52:21):
Any objection?
Speaker 34 (07:52:25):
No objection.
Judge (07:52:25):
It'll be entered as State's 32.
Mr. Willard (07:52:54):
We're going to publish it to the jury, Your Honor. So if we can scroll down to September 9th. Now, and Lieutenant Fussell, if you need to look behind you, do you see the last connected call that the defendant made to the victim in this case?
Lieutenant Fussell (07:53:42):
Yes.
Mr. Willard (07:53:44):
What line is that? There's numbers on the left. Which line do you see that at? If you can stand up and point at it for us.
Lieutenant Fussell (07:53:49):
It's line 27.
Mr. Willard (07:53:51):
Okay.
Lieutenant Fussell (07:53:52):
Which is right here.
Mr. Willard (07:53:54):
Okay. And it says September 10th, 2024 at 00:33: 23. That's UTC time?
Lieutenant Fussell (07:54:04):
Yes.
Mr. Willard (07:54:05):
So what is the... In terms of Eastern Standard Time, when would that call have been placed from the defendant to the victim?
Lieutenant Fussell (07:54:12):
It'd be on September 9th, 2024 at 8:33 PM.
Mr. Willard (07:54:17):
And you know that because you subtracted four hours from... And again, it's a 24-hour clock, so you subtracted four hours from the 00:33:23?
Lieutenant Fussell (07:54:27):
Yes.
Mr. Willard (07:54:28):
And that would push it to September 9th at 8:33:23 seconds?
Lieutenant Fussell (07:54:32):
Yes.
Mr. Willard (07:54:33):
And in the third column, does that list how long that connected call lasted for?
Lieutenant Fussell (07:54:38):
Yes.
Mr. Willard (07:54:38):
How long was this call?
Lieutenant Fussell (07:54:40):
53 seconds.
Mr. Willard (07:54:40):
Okay. And the outgoing number was the defendant's number ending in 4049?
Lieutenant Fussell (07:54:49):
Yes.
Mr. Willard (07:54:50):
And the number that she called was the victim's number, Mr. Mullen's number at 7943?
Lieutenant Fussell (07:54:55):
Yes.
Mr. Willard (07:55:01):
Okay. Now, looking at that chart, how many times did the defendant call Mr. Mullen between September 3rd and September 10th?
Lieutenant Fussell (07:55:16):
26 times.
Mr. Willard (07:55:22):
Is it 26 or is it 27?
Lieutenant Fussell (07:55:27):
So if you go back to the previous, the first line is just date, time, duration, and then you go from line two to...
Mr. Willard (07:55:36):
Okay. Thank you for clarifying that. So it's 26 times?
Lieutenant Fussell (07:55:38):
Yes.
Mr. Willard (07:55:39):
Okay.
Judge (07:56:00):
All right. Wait one second.
(07:56:13)
Madam Clerk, do we have another pen that we can give?
Clerk (07:56:15):
[inaudible 07:56:19].
Judge (07:56:15):
Anybody else have another pen?
(07:56:15)
Oh.
Clerk (07:56:15):
[inaudible 07:56:27].
Judge (07:56:27):
That is Ms. Mulligan.
Mr. Willard (07:56:28):
If I may approach again, I'm going to show you, Lieutenant Fussell, what's marked as State's Exhibit FF.
(07:56:51)
Is this the excerpt from the defense phone records for September 2nd through September 10th, all the times the defendant and Mr. Mullen either called each other or texted each other?
Lieutenant Fussell (07:57:06):
Yes.
Mr. Willard (07:57:07):
Okay. And is this a fair and accurate depiction of those phone calls and texts between the defendant and Mr. Mullen between September 2nd and September 10th?
Lieutenant Fussell (07:57:21):
Yes.
Mr. Willard (07:57:22):
At this time, Your Honor, State would move into evidence State's Exhibit FF.
Judge (07:57:27):
Any objection?
Defense (07:57:27):
No objection.
Judge (07:57:30):
The enter is State's 34.
Mr. Willard (07:57:57):
[inaudible 07:57:47].
(07:57:57)
Just one moment please, Your Honor. We're going to publish this to the jury.
(07:57:59)
Now Lieutenant Fussell, does this document show all the calls connected and attempted between the defendant and Mr. Mullen and all their texts between each other?
Lieutenant Fussell (07:58:47):
Yes.
Mr. Willard (07:58:47):
Okay.
(07:58:48)
And if we scroll to September 9th at 8:33 PM, where you see this section being highlighted, line 89, September 10th, 00:33:23, does that correspond to 8:33 and 23 seconds, September 9th as the last call that the defendant made to Chad Mullen?
Lieutenant Fussell (07:59:35):
Yes.
Mr. Willard (07:59:36):
Okay.
(07:59:36)
And again, that's that 53 second call?
Lieutenant Fussell (07:59:39):
Yes.
Mr. Willard (07:59:39):
Okay.
(07:59:40)
Now, looking at this document, looking at between September 2nd and September 9th, how many calls both attempted and connected between Chad Mullen and the defendant, and how many texts altogether, how many times does this document indicate either attempted or completed communications?
Lieutenant Fussell (08:00:03):
There's 89 total.
Mr. Willard (08:00:04):
Okay.
(08:00:14)
After that call that's documented at 8:33 and 23 seconds on September 9th, 2024, is there any record or any indication that the defendant called Mr. Mullen after that date and time?
Lieutenant Fussell (08:00:29):
No.
Mr. Willard (08:00:33):
What about any texts between them after September 9th, 2024 at 8:33 and 23 seconds?
Lieutenant Fussell (08:00:46):
No.
Mr. Willard (08:00:46):
So what happens after September 9th? Do the calls and texts just stop?
Lieutenant Fussell (08:00:51):
Yes.
Mr. Willard (08:00:52):
Okay.
(08:00:57)
Now, how far away is Stormy Stables from the victim's house, Mr. Mullen's house at 128 Keystone Road?
Lieutenant Fussell (08:01:07):
Approximately 15 miles.
Mr. Willard (08:01:12):
Now that call, that last call on September 9th at 8:33:23, were you able to look at the GPS coordinates for that call on her records?
Lieutenant Fussell (08:01:28):
Yes.
Mr. Willard (08:01:29):
And using the plotting software that you just described earlier, where did that place the defendant in relation to that call in that time?
Lieutenant Fussell (08:01:38):
She was in a very close vicinity.
Mr. Willard (08:01:41):
Close vicinity to where?
Lieutenant Fussell (08:01:42):
To the victim's residence.
Mr. Willard (08:01:43):
Okay.
(08:01:46)
Now, as a detective investigating this case, was that suspicious to you that there were no calls or texts after September 9th, 2024?
Lieutenant Fussell (08:02:18):
Yes.
Mr. Willard (08:02:18):
So I'm going to show you what's been pre-marked as State's Exhibit DD.
(08:03:09)
Lieutenant Fussell, this excerpt I'm showing you from the defense phone records, are these the phone calls the defendant made and received and texts she made and received for the time period of September 9th through September 10th minus Mr. Mullen's phone number?
Lieutenant Fussell (08:03:38):
Yes.
Mr. Willard (08:03:38):
Okay.
(08:03:39)
And again, because of UTC time, it would show a time period of September 9th at 9:30 PM to September 10th at, looks like it would be 9:40-
Lieutenant Fussell (08:04:03):
That would also be September 9th.
Mr. Willard (08:04:05):
September 9th?
Lieutenant Fussell (08:04:05):
Correct.
Mr. Willard (08:04:05):
Okay.
Lieutenant Fussell (08:04:05):
Yes.
Mr. Willard (08:04:06):
And to what time?
Lieutenant Fussell (08:04:07):
This is approximately a 20-minute window.
Mr. Willard (08:04:10):
Okay.
(08:04:10)
And is this a fair and accurate excerpt from the defendant's phone records regarding that 20 minute window on September 9th?
Lieutenant Fussell (08:04:18):
Yes.
Mr. Willard (08:04:19):
Okay.
(08:04:19)
Your Honor, at this time the state would move into evidence State's Exhibit DD.
Judge (08:04:22):
Any objection?
Defense (08:04:23):
No objection.
Judge (08:04:25):
The enter is State's 35.
Mr. Willard (08:04:37):
One moment, Your Honor. Here we go. We're going to publish this to the jury.
(08:04:40)
So again, this is an excerpt for that 20 minute, approximately 20 minute time period on September 9th, 2024. Again, you subtract four hours from the UTC time, is that correct?
Lieutenant Fussell (08:04:55):
Yes.
Mr. Willard (08:04:56):
Okay. Now, do these records include the phone number for Tina Marie Ellis?
Lieutenant Fussell (08:05:04):
Yes.
Mr. Willard (08:05:05):
Okay. And what color are the calls involving Ms. Ellis?
Lieutenant Fussell (08:05:11):
Those are yellow.
Mr. Willard (08:05:12):
Okay. So all the yellow highlighted calls are the calls either going to or coming from Ms. Ellis and the defendant?
Lieutenant Fussell (08:05:20):
Yes.
Mr. Willard (08:05:20):
Okay.
(08:05:22)
Do these records also include the phone number for Michelle Roberts?
Lieutenant Fussell (08:05:27):
Yes.
Mr. Willard (08:05:28):
And what color is that?
Lieutenant Fussell (08:05:31):
Those are green.
Mr. Willard (08:05:32):
And I see, I'm counting ...
(08:05:35)
[inaudible 08:05:38]. Can you scroll down?
Speaker 35 (08:05:39):
I think that's as far as it goes.
Mr. Willard (08:05:40):
Oh, okay.
(08:05:53)
And those would be texts and calls involving the defendant and Michelle Roberts during that roughly 20 minute period of time?
Lieutenant Fussell (08:06:03):
Yes.
Mr. Willard (08:06:03):
Okay.
(08:06:10)
Now, on September 9th, between 9:30 and 9:49, how many calls and texts did the defendant make to Ms. Ellis?
Lieutenant Fussell (08:06:35):
Nine.
Mr. Willard (08:06:36):
Nine? Okay.
(08:06:38)
And could you tell how many times Ms. Ellis had called the defendant during that period of time?
Lieutenant Fussell (08:06:45):
Only once.
Mr. Willard (08:06:48):
And what time did Ms. Ellis call ... You need to stand up and point it out. What time did Ms. Ellis call the defendant?
Lieutenant Fussell (08:06:54):
She would've called at 9:45.
Mr. Willard (08:06:56):
Okay. And how long was that call?
Lieutenant Fussell (08:07:01):
It was 149 seconds, which translates to two minutes and 29 seconds.
Mr. Willard (08:07:10):
Now, on September 9th, 2024, how many times did the defendant text Ms. Roberts?
Lieutenant Fussell (08:07:17):
I believe twice.
Mr. Willard (08:07:19):
And what were those times?
Lieutenant Fussell (08:07:20):
That would've been 9:32, eight seconds, and 9:44, 38 seconds.
Speaker 35 (08:07:27):
Let me bring this up.
Lieutenant Fussell (08:07:28):
Yeah.
Speaker 35 (08:07:28):
[inaudible 08:07:29].
Lieutenant Fussell (08:07:42):
Yeah. Okay.
(08:07:42)
[inaudible 08:07:42].
Mr. Willard (08:08:00):
Okay. What we're showing, is this the entire excerpt?
Speaker 35 (08:08:28):
Yes. It was just cut off of the other thing so you can get the bottom here.
Mr. Willard (08:08:32):
And so you can see the bottom part, Lieutenant Fussell?
Lieutenant Fussell (08:08:34):
Yes.
Mr. Willard (08:08:35):
Okay. And just to clarify again, how many times did the defendant text Ms. Roberts?
Lieutenant Fussell (08:08:48):
Three times.
Mr. Willard (08:08:55):
And can you point those out for us, please? And these are just ... I'm just talking about text messages.
Lieutenant Fussell (08:09:01):
This line, 1547, line 1545, and line 1535.
Mr. Willard (08:09:08):
And just to clarify, I just want to make sure I'm understanding because line 1535, it looks like the text is originating from her number to Ms. Roberts, but lines 45 and 47 looks like the texts are originating from Ms. Roberts to the defendant.
Lieutenant Fussell (08:09:21):
Yes.
Mr. Willard (08:09:23):
So when I ask you how many times did the defendant text Ms. Roberts, that she texted her, how many times was that?
Lieutenant Fussell (08:09:31):
It would've been once.
Mr. Willard (08:09:31):
Once. Okay. And that was at ... In line 1535?
Lieutenant Fussell (08:09:35):
Yes.
Mr. Willard (08:09:36):
Okay.
(08:09:37)
Now, how many times did Ms. Roberts text the defendant?
Lieutenant Fussell (08:09:42):
That would've been twice.
Mr. Willard (08:09:43):
Okay. And which lines are those?
Lieutenant Fussell (08:09:45):
Lines 1545 and 1546.
Mr. Willard (08:09:48):
Okay.
(08:09:48)
And how many times did ... And how do you know these are text messages and not calls?
Lieutenant Fussell (08:09:55):
Because the way they're called, the SMSC.
Mr. Willard (08:10:00):
So the SMSC relates to text messages?
Lieutenant Fussell (08:10:01):
Yes.
Mr. Willard (08:10:02):
What does MOC relate to?
Lieutenant Fussell (08:10:04):
Phone calls.
Mr. Willard (08:10:04):
Okay. So based on that, can you tell us how many times the defendant called Ms. Roberts the night of September 9th, 2024?
Lieutenant Fussell (08:10:14):
Once.
Mr. Willard (08:10:15):
And what line is that?
Lieutenant Fussell (08:10:16):
It's going to be 1540.
Mr. Willard (08:10:18):
Okay. And you know that because it's listed as MOC?
Lieutenant Fussell (08:10:21):
Yes.
Mr. Willard (08:10:22):
And that was the defendant's number ending in 4049 calling Ms. Roberts' number ending in 7654?
Lieutenant Fussell (08:10:42):
Yes.
Mr. Willard (08:10:42):
Okay.
(08:10:42)
[inaudible 08:10:42]. There we go. [inaudible 08:10:48].
Judge (08:10:42):
[inaudible 08:10:49].
Mr. Willard (08:11:00):
So you said that the defendant texted Ms. Roberts one time during that time period on September 9th, and can you tell us what time she texted the defendant?
(08:11:11)
I'm sorry, what time the defendant texted Ms. Roberts?
Defense (08:11:13):
Objection, asked and answered.
Mr. Willard (08:11:15):
I didn't ask the time.
Judge (08:11:17):
I'll overrule the objection.
Lieutenant Fussell (08:11:20):
What was the question?
Mr. Willard (08:11:21):
What time did the defendant text Ms. Roberts?
Lieutenant Fussell (08:11:26):
The first time would've been 9:32.
Mr. Willard (08:11:28):
Okay.
(08:11:29)
And you said Ms. Roberts had texted the defendant two times. What times were those texts?
Lieutenant Fussell (08:11:37):
At 9:44:38 and 9:49:12.
Mr. Willard (08:11:42):
And you said the defendant called Ms. Roberts one time. What time was that?
Lieutenant Fussell (08:11:47):
That would have been at 9:35:21.
Mr. Willard (08:11:50):
And how long did that call last for?
Lieutenant Fussell (08:11:51):
34 seconds.
Mr. Willard (08:11:52):
Okay. Thank you.
(08:11:53)
So I want to direct your attention to October 28th, the next development in this case. Tell us what you did on that date.
Lieutenant Fussell (08:12:10):
On the 28th?
Mr. Willard (08:12:10):
Yes.
Lieutenant Fussell (08:12:11):
That would've been the day I went back out to the victim's residence off of Keystone Road.
Mr. Willard (08:12:16):
And who assisted you when you went to that location?
Lieutenant Fussell (08:12:18):
K9 handler Vore with the Clay County Sheriff's Office.
Mr. Willard (08:12:21):
And did you find anything of any evidentiary value?
Lieutenant Fussell (08:12:24):
No.
Mr. Willard (08:12:25):
Okay.
(08:12:26)
What did you do next?
Lieutenant Fussell (08:12:28):
From there, I traveled to 880 Federal Point Road.
Mr. Willard (08:12:32):
What's located at that address?
Lieutenant Fussell (08:12:34):
A farm.
Mr. Willard (08:12:35):
And were you acting on any type of tip to go to that location?
Lieutenant Fussell (08:12:38):
I was.
Mr. Willard (08:12:39):
Okay.
(08:12:40)
And when you went to that location, were you also accompanied by K9 handler Vore and her canine?
Lieutenant Fussell (08:12:46):
Yes.
Mr. Willard (08:12:48):
Now, is this a working farm?
Lieutenant Fussell (08:12:50):
Yes.
Mr. Willard (08:12:50):
Okay. And is this farm located in St. Augustine?
Lieutenant Fussell (08:12:54):
Hastings, St. John's County.
Mr. Willard (08:12:55):
Okay.
(08:12:56)
And is this Burns Farm?
Lieutenant Fussell (08:13:01):
Yes.
Mr. Willard (08:13:03):
Okay.
(08:13:03)
How would you describe the location of this farm?
Lieutenant Fussell (08:13:07):
Rural, remote.
Mr. Willard (08:13:10):
Is this a location or a place that people would have a reason to drive by or be on the road along that property?
Lieutenant Fussell (08:13:17):
I would suspect not, unless they lived back there.
Mr. Willard (08:13:23):
Now, how far away is that property, the property at the Burns Farm, how far away is that from the defendant's residence at 465 San Mateo?
Lieutenant Fussell (08:13:35):
Approximately probably 12 to 15 miles.
Mr. Willard (08:13:39):
How about, again, Burns Farm to Tina Marie Ellis' residence at 131 Pine Street?
Lieutenant Fussell (08:13:46):
I'd say about 15 miles.
Mr. Willard (08:13:49):
Now, did you make contact with anyone at the Hastings farm?
Lieutenant Fussell (08:13:53):
Yes.
Mr. Willard (08:13:54):
And who'd you contact?
Lieutenant Fussell (08:13:55):
The first person I spoke with was Robert Rash.
Mr. Willard (08:13:57):
Okay. Did you make contact with the owner or the owner's son at that property?
Lieutenant Fussell (08:14:01):
Yes.
Mr. Willard (08:14:02):
Okay. And who was that?
Lieutenant Fussell (08:14:04):
William Burns.
Mr. Willard (08:14:05):
And did he provide you consent to search the property?
Lieutenant Fussell (08:14:07):
Yes.
Mr. Willard (08:14:11):
When you first arrived, was there anything that you observed that caught your attention?
Lieutenant Fussell (08:14:16):
The mound of dirt that was right off the roadway.
Mr. Willard (08:14:20):
So this mound of dirt, how far off the road would you say this mound of dirt was located?
Lieutenant Fussell (08:14:26):
Probably 15, 20 yards.
Mr. Willard (08:14:28):
How high was it?
Lieutenant Fussell (08:14:30):
Approximately six feet high.
Mr. Willard (08:14:40):
Did you observe K9 Vore walk around or walk her dog around that dirt pile and other parts of that property?
Lieutenant Fussell (08:14:49):
Yes.
Mr. Willard (08:14:51):
Did it immediately alert to anything?
Lieutenant Fussell (08:14:53):
No.
Mr. Willard (08:14:55):
What happened next?
Lieutenant Fussell (08:14:58):
So what happened next was Robert Rash had a skid steer and kind of pushed some dirt around, and then that's whenever her dog had alerted to something protruding from the ground.
Mr. Willard (08:15:07):
And what did you see protruding from the ground?
Lieutenant Fussell (08:15:11):
Come to learn it was the victim's arm.
Mr. Willard (08:15:13):
Okay.
(08:15:14)
At that point, what did you do?
Lieutenant Fussell (08:15:17):
Secured the scene, contacted FDLE and St. John's County Sheriff's Office and my supervision to let them know we had located a body and begin the exhumation process.
Mr. Willard (08:15:30):
Now, did FDLE exhume the body?
Lieutenant Fussell (08:15:32):
Yes.
Mr. Willard (08:15:33):
And were you present for that?
Lieutenant Fussell (08:15:34):
Yes.
Mr. Willard (08:15:35):
As they were exhuming the body, did you observe any items that were recovered from the body or buried with the body?
Lieutenant Fussell (08:15:44):
Yes.
Mr. Willard (08:15:44):
What did those items include?
Lieutenant Fussell (08:15:46):
There was a red four hook grapple, some blue netting, blue in color netting, ropes, a cinder block.
Mr. Willard (08:15:56):
And do you recall if anything was actually attached to the body?
Lieutenant Fussell (08:16:00):
Yes.
Mr. Willard (08:16:00):
And what was that?
Lieutenant Fussell (08:16:01):
It had been a cinder block.
Mr. Willard (08:16:02):
Okay.
(08:16:04)
Now, did you interview William Burns?
Lieutenant Fussell (08:16:07):
Yes.
Mr. Willard (08:16:08):
And when you interviewed him, did he provide you anything?
Lieutenant Fussell (08:16:10):
He did.
Mr. Willard (08:16:11):
What did he provide you?
Lieutenant Fussell (08:16:12):
He had provided me with-
Defense (08:16:13):
[inaudible 08:16:17].
Judge (08:16:17):
Are you looking for a statement?
Mr. Willard (08:16:20):
Well, this was ... I'm not looking for a statement. I'm actually looking at what exactly-
Defense (08:16:25):
[inaudible 08:16:27].
Mr. Willard (08:16:27):
We can approach, Your Honor. Lieutenant Fussell, did Mr. Burns provide you the text messages he had with Tina Marie Ellis?
Lieutenant Fussell (08:17:25):
He did.
Mr. Willard (08:17:28):
Okay.
(08:17:28)
Now, was an autopsy conducted of Mr. Mullen?
Lieutenant Fussell (08:17:31):
Yes.
Mr. Willard (08:17:32):
And was that on October 29th?
Lieutenant Fussell (08:17:35):
Yes.
Mr. Willard (08:17:36):
Was that by the St. John's County Medical Examiner?
Lieutenant Fussell (08:17:39):
Yes.
Mr. Willard (08:17:40):
Were you present for that autopsy?
Lieutenant Fussell (08:17:42):
Yes.
Mr. Willard (08:17:43):
And did your agency receive anything of evidentiary value from that autopsy?
Lieutenant Fussell (08:17:49):
Yes.
Mr. Willard (08:17:51):
And do you recall what your agency received?
Lieutenant Fussell (08:17:55):
The items I just discussed that were discovered in the grave, along with his clothing that he still had.
Mr. Willard (08:18:02):
Okay.
(08:18:02)
Did it also include fragments or projectile fragments?
Lieutenant Fussell (08:18:07):
I believe so, yes.
Mr. Willard (08:18:10):
Now, Lieutenant Fussell, during the course of your investigation, did you obtain a search warrant to access the defendant's Google account?
Lieutenant Fussell (08:18:20):
Yes.
Mr. Willard (08:18:21):
And is this Google account associated with her cell phone?
Lieutenant Fussell (08:18:24):
Yes.
Mr. Willard (08:18:25):
And did you review the data from that Google account?
Lieutenant Fussell (08:18:28):
Yes.
Mr. Willard (08:18:43):
Okay.
(08:18:43)
Your Honor, at this time, the state would introduce into evidence State's Exhibit AA, the self-authenticating documents ... Oh, I'm sorry, the business records documents associated with the defendant's Google account. Notice was provided and filed earlier.
Judge (08:19:01):
Any objection?
Defense (08:19:01):
No objection.
Judge (08:19:04):
We'll introduce as State's 36.
Speaker 35 (08:19:04):
[inaudible 08:19:06]?
Mr. Willard (08:19:04):
Yeah. It should be in there.
Speaker 35 (08:19:04):
[inaudible 08:19:06]?
(08:19:04)
It's not what I have here.
Mr. Willard (08:19:06):
Okay.
(08:19:29)
Now, Lieutenant Fussell, did the data from the defendant's Google account, which was associated with her cell phone, did that contain pictures and videos saved to the account?
Lieutenant Fussell (08:19:40):
Yes.
Mr. Willard (08:19:40):
Okay.
(08:19:42)
Did you locate anything that you identified as important in your investigation?
Lieutenant Fussell (08:19:46):
Yes.
Mr. Willard (08:19:47):
What did you locate?
Lieutenant Fussell (08:19:49):
So between the photos and the grave, we had located a red four grapple hook in both the photos and at the grave, as well as photographs of the blue in color netting.
Mr. Willard (08:20:04):
Okay. So was this video on the Google account, was this video that was taken inside the defendant's barn?
Lieutenant Fussell (08:20:15):
Yes. It looks like the video was taken from inside the stables.
Mr. Willard (08:20:17):
And you had been inside those stables on a prior occasion during your execution of search warrants, is that correct?
Lieutenant Fussell (08:20:23):
Yes.
Mr. Willard (08:20:24):
Okay. So you recognized the inside of that barn that was depicted in those videos?
Lieutenant Fussell (08:20:29):
Yes.
Mr. Willard (08:20:30):
And you mentioned there was a depiction of a red hook in those videos?
Lieutenant Fussell (08:20:35):
Yes.
Mr. Willard (08:20:36):
And that red hook you mentioned was similar to the one that you observed with the body at the grave?
Lieutenant Fussell (08:20:42):
Yes.
Mr. Willard (08:20:42):
Okay.
Speaker 35 (08:20:42):
You ready?
Mr. Willard (08:20:59):
Yeah.
Video clip (08:20:59):
[inaudible 08:21:00] the struggle with this [inaudible 08:21:09].
Mr. Willard (08:21:12):
So Lieutenant Fussell, that video of the red hook, was that inside or was that taken inside ... Do you recognize that as being taken inside one of the stables on the property that Ms. Deller was using?
Lieutenant Fussell (08:21:34):
Yes.
Defense (08:21:34):
Objection, asked and answered.
Judge (08:21:34):
Overruled.
Lieutenant Fussell (08:21:34):
Yes.
Mr. Willard (08:21:34):
Okay.
Speaker 35 (08:21:34):
[inaudible 08:21:40]?
Mr. Willard (08:21:40):
Yeah. Yeah, go ahead and play the next one. And that second video ...
(08:22:28)
So the second and third videos, do they document straps and a purple netting that's consistent with what was found with the body?
Lieutenant Fussell (08:22:39):
Yes.
Mr. Willard (08:22:39):
Okay.
(08:22:42)
Were you able to obtain stills from those videos?
Lieutenant Fussell (08:22:45):
Yes.
Mr. Willard (08:22:45):
Okay.
(08:22:46)
I'm going to show you what's pre-marked as State's Exhibit BB1 through BB8.
Speaker 35 (08:23:04):
[inaudible 08:23:04] just a little bit [inaudible 08:23:05].
Mr. Willard (08:23:24):
[inaudible 08:23:16].
(08:23:24)
And again, if I may approach, I'm going to show you what's marked as BB1 through BB8. And Lieutenant Fussell, if you can just take a look at those pictures real quickly.
(08:23:48)
And what do those pictures purport to show?
Lieutenant Fussell (08:23:51):
The red grapple hook and the blue in color netting.
Mr. Willard (08:23:53):
And are these essentially stills from those three videos we just observed?
Lieutenant Fussell (08:23:57):
Yes.
Mr. Willard (08:23:58):
And are they fair and accurate stills from those videos?
Lieutenant Fussell (08:24:02):
Yes.
Mr. Willard (08:24:03):
Your Honor, at this time, the state would move into evidence State's Exhibit BB1 through eight.
Judge (08:24:10):
Any objection?
Defense (08:24:10):
No objection.
Judge (08:24:10):
We enter it as State's 37.
Mr. Willard (08:24:14):
And if we can publish those stills.
Speaker 35 (08:24:15):
Do you want me to go through them?
Mr. Willard (08:24:44):
Yes.
Speaker 35 (08:24:48):
Okay.
Mr. Willard (08:24:48):
And if I can ...
Speaker 35 (08:24:48):
[inaudible 08:25:08].
Mr. Willard (08:25:08):
Okay. So Lieutenant Fussell, the red hook that we observed in one of the videos in Ms. Deller's Google account, which was consistent with the red hook found in the grave, when you executed that search warrant or those two search warrants on Ms. Deller's property back in September and you went inside the barn, did you see a red hook hanging on the wall?
Lieutenant Fussell (08:25:35):
No.
Mr. Willard (08:25:57):
Okay.
(08:25:57)
Based on your review of the defendant's phone records, the victim's phone records, the Find My Phone app, did you have a suspicion as to when Mr. Mullen was killed?
Lieutenant Fussell (08:26:13):
Yes.
Mr. Willard (08:26:13):
And when was that?
Lieutenant Fussell (08:26:14):
On or about September 9th.
Mr. Willard (08:26:16):
At what time?
Lieutenant Fussell (08:26:19):
Prior to 8:30.
Mr. Willard (08:26:21):
Prior to 8:30?
Lieutenant Fussell (08:26:22):
Or around 8:30, yes.
Mr. Willard (08:26:23):
Okay.
(08:26:28)
Now, based on the evidence in this case, did you believe you had probable cause to obtain a search warrant, or I'm sorry, an arrest warrant for Ms. Deller?
Lieutenant Fussell (08:26:35):
Yes.
Mr. Willard (08:26:36):
And what was that crime for?
Lieutenant Fussell (08:26:38):
First degree murder.
Mr. Willard (08:26:39):
And when was she arrested?
Lieutenant Fussell (08:26:41):
November ... I don't recall the date. November.
Mr. Willard (08:26:50):
Do you have it in your notes?
Lieutenant Fussell (08:26:50):
I might.
Mr. Willard (08:26:51):
Yeah, if you want to take a look at that.
Lieutenant Fussell (08:26:52):
I believe it may have been November 8th.
Mr. Willard (08:27:21):
Okay. 2024?
Lieutenant Fussell (08:27:21):
Yes.
Mr. Willard (08:27:22):
Now, I asked you earlier, I just want to clarify, when you suspected Mr. Mullen was killed, the time period. Based on the records of the defendant, the GPS records, and Mr. Mullen's Find My Phone app, you mentioned that the GPS of Ms. Deller's records shows where she made that call, where she was when she made that call around 8:30. Do you recall testifying to that?
Lieutenant Fussell (08:27:55):
Yes.
Mr. Willard (08:27:56):
Okay.
(08:27:56)
And you said at that time she was right around the vicinity of Mr. Mullen's residence?
Lieutenant Fussell (08:28:03):
Yes.
Mr. Willard (08:28:06):
At some time, did she go back to her residence?
Lieutenant Fussell (08:28:10):
Yes.
Mr. Willard (08:28:11):
Okay. About what time did she go back to her residence?
Lieutenant Fussell (08:28:17):
I don't recall.
Mr. Willard (08:28:19):
Was it after 8:30?
Lieutenant Fussell (08:28:20):
Yes.
Mr. Willard (08:28:21):
Okay.
(08:28:22)
And did you look at the GPS records for Mr. Mullen's phone?
Lieutenant Fussell (08:28:27):
Yes.
Mr. Willard (08:28:27):
And did his records correspond to ... Or after 8:30, did it show where his phone or where he was located?
Lieutenant Fussell (08:28:38):
Yes.
Mr. Willard (08:28:39):
And where was he located?
Lieutenant Fussell (08:28:40):
He was located at the stables.
Mr. Willard (08:28:41):
Okay. At-
Lieutenant Fussell (08:28:43):
465.
Mr. Willard (08:28:43):
... the defendant's stables?
Lieutenant Fussell (08:28:44):
Yes.
Mr. Willard (08:28:44):
465?
(08:28:44)
Okay. So based on that information, was it clear to you that Mr. Mullen was killed sometime after 8:30?
Lieutenant Fussell (08:28:55):
I mean, I'm not sure what-
Mr. Willard (08:28:57):
Well, the location of both phones was at the defendant's stables sometime after 8:30, is that correct?
Lieutenant Fussell (08:29:04):
Yes.
Mr. Willard (08:29:04):
Okay. Does that indicate to you that Mr. Mullen was killed after 8:30?
Lieutenant Fussell (08:29:09):
It could.
Defense (08:29:09):
Objection, speculation.
Judge (08:29:13):
I'll sustain the objection.
Mr. Willard (08:29:20):
Okay. Let me move on from that.
(08:29:27)
Now, during your investigation, did you meet with Tina Marie Ellis?
Lieutenant Fussell (08:29:30):
Yes.
Mr. Willard (08:29:30):
Okay.
(08:29:31)
Did she give you consent to download her phone?
Lieutenant Fussell (08:29:33):
She did.
Mr. Willard (08:29:34):
Okay. And were you able to download her phone?
Lieutenant Fussell (08:29:40):
Yes.
Mr. Willard (08:29:41):
Okay. And were you able to obtain GPS coordinates from her phone?
Lieutenant Fussell (08:29:46):
Yes.
Mr. Willard (08:29:48):
And were you able to obtain GPS coordinates from her phone for the date of September 12th, 2024?
Lieutenant Fussell (08:29:54):
Yes.
Speaker 35 (08:29:54):
[inaudible 08:30:04].
Speaker 36 (08:29:54):
This is Exhibit 23.
Mr. Willard (08:29:54):
Okay.
Speaker 36 (08:30:00):
So just walk me through that and then that.
Mr. Willard (08:30:07):
Yeah. So I'm going to just show you what's already been marked as evidence, State's Evidence 23. And do you recognize or recall what this purports to show?
Lieutenant Fussell (08:30:20):
Yes.
Mr. Willard (08:30:21):
What does it purport to show?
Lieutenant Fussell (08:30:22):
These are just GPS locations.
Mr. Willard (08:30:26):
And is this the GPS location from Ms. Ellis' phone on September 12th, 2024?
Lieutenant Fussell (08:30:32):
Yes.
Mr. Willard (08:30:35):
Now the far right column titled, "Position," do you see that?
Lieutenant Fussell (08:30:40):
Yes.
Mr. Willard (08:30:42):
And does that contain the GPS coordinates for the associated time where her phone would be located?
Lieutenant Fussell (08:30:51):
Yes.
Mr. Willard (08:30:51):
Okay. And if you look under the title, "End time," do you see those times listed in that column?
Lieutenant Fussell (08:31:00):
Yes.
Mr. Willard (08:31:00):
And what time zone is that listed under?
Lieutenant Fussell (08:31:04):
UTC.
Mr. Willard (08:31:04):
Okay. So again, you'd have to subtract four hours?
Lieutenant Fussell (08:31:07):
Yes.
Mr. Willard (08:31:07):
Okay. Now I want to refer you to the bottom three entries, nine, 10, 11.
Lieutenant Fussell (08:31:18):
Okay.
Mr. Willard (08:31:19):
Looking at those bottom three entries, what is the end time for entry number nine?
Lieutenant Fussell (08:31:28):
The end time would've been 5:02:24 AM.
Mr. Willard (08:31:29):
Okay. And then what is the end time for the next entry below it, number 10?
Lieutenant Fussell (08:31:40):
That would've been 3:20:22 AM.
Mr. Willard (08:31:43):
And then the last entry, number 11, what time is that?
Lieutenant Fussell (08:31:46):
2:55:22 AM.
Mr. Willard (08:31:51):
Now, during that time period, so between 2:55 AM and 5:02 AM on September 12th, did you take those associated GPS coordinates and run them through your software?
Lieutenant Fussell (08:32:11):
Yes.
Mr. Willard (08:32:13):
And when you did that, what did it reveal?
Lieutenant Fussell (08:32:18):
It showed locations out at Burns Farm.
Mr. Willard (08:32:20):
Okay. So for those three time periods between 2:55 AM and 5:02 AM, it's showing the time period. It shows Ms. Ellis' phone located at Burns Farm?
Lieutenant Fussell (08:32:35):
Yes.
Speaker 36 (08:32:35):
[inaudible 08:32:48]
Mr. Willard (08:32:48):
And I just also want to clarify, so on the timestamp, the time on the timestamp column, are those the beginning times?
Lieutenant Fussell (08:33:01):
Which question?
Mr. Willard (08:33:02):
So I'm going to refer you to the column that's listed under timestamp.
Lieutenant Fussell (08:33:06):
Right.
Mr. Willard (08:33:06):
Okay. These times, are they the beginning times?
Lieutenant Fussell (08:33:09):
Yes.
Mr. Willard (08:33:10):
So you have a beginning time and the end time, right?
Lieutenant Fussell (08:33:12):
Yes.
Mr. Willard (08:33:12):
Okay. So when I point to row nine, what is the beginning time for her phone at that location?
Lieutenant Fussell (08:33:21):
For that location, it would have been 3:26:22 AM.
Mr. Willard (08:33:25):
Okay. So the beginning time is 3:26 and then at row 10, what is the beginning time?
Lieutenant Fussell (08:33:28):
3:01:22 AM.
Mr. Willard (08:33:29):
And then row 11, what's the beginning time?
Lieutenant Fussell (08:33:39):
2:08:22 AM.
Mr. Willard (08:33:41):
So the beginning time that Ms. Ellis's phone is documented or the GPS coordinates show it at Burns Farm is at 2:08:22 AM?
Lieutenant Fussell (08:33:52):
Yes.
Mr. Willard (08:33:53):
Okay. And it shows the phone or Ms. Ellis's phone at that farm at a end time at, was that end time 5:02?
Mr. Smith (08:34:07):
Objection. Asked and answered.
Judge (08:34:11):
Overruled.
Lieutenant Fussell (08:34:13):
Yes.
Mr. Willard (08:34:21):
Okay. So when you developed the coordinates through your software program, did you plot those coordinates on a map?
Lieutenant Fussell (08:34:32):
Yes.
Mr. Willard (08:34:32):
Okay. Again, if I may approach, I'm going to show you what's marked as State's Exhibit HH. Lieutenant Fussell, do you recognize what this purports to show?
Lieutenant Fussell (08:34:53):
Yes.
Mr. Willard (08:34:53):
And what does it show?
Lieutenant Fussell (08:34:56):
This is the plot of the map from those three times that are given.
Mr. Willard (08:35:03):
So you took those three times associated with those three coordinates and you plotted it on a map?
Lieutenant Fussell (08:35:10):
Yes.
Mr. Willard (08:35:10):
And is that map a fair and accurate depiction of those three coordinates?
Lieutenant Fussell (08:35:15):
Yes.
Mr. Willard (08:35:16):
At this time, Your Honor, State would move into evidence State's Exhibit HH.
Judge (08:35:20):
Any objection?
Mr. Smith (08:35:23):
No objection. State's 38.
Mr. Willard (08:35:52):
So I'm showing you what's marked as State's Evidence 38. Lieutenant Fussell, this is the map that you created with those three GPS plots or points?
Lieutenant Fussell (08:36:07):
Yes.
Mr. Willard (08:36:07):
Okay. And looking at this map, what is the time period it's showing you? What's the earliest time it's showing you?
Lieutenant Fussell (08:36:16):
2:08 AM.
Mr. Willard (08:36:18):
Okay. And then what's the last time it's showing?
Lieutenant Fussell (08:36:21):
5:02 AM.
Mr. Willard (08:36:22):
Okay. And this is the Burns Farm location?
Lieutenant Fussell (08:36:25):
Yes.
Mr. Willard (08:36:26):
And the location that we're looking at at Burns Farm, where is this in relation to where the body was discovered?
Lieutenant Fussell (08:36:37):
So the body was discovered at the yellow pen.
Mr. Willard (08:36:39):
And if you can just stand up and point to it, please. Right. Okay. So based on your investigation, the witness statements, the amount of dirt that was discovered on October 28th, and these GPS coordinates from Ms. Ellis's phone from September 12th, between the time period of roughly 2:00 AM to 5:00 AM, what is the significance of what we're looking at?
Lieutenant Fussell (08:37:42):
It shows that she was at the Burns farm.
Mr. Willard (08:37:48):
Is this when you believe the body was buried?
Lieutenant Fussell (08:37:51):
Yes.
Mr. Willard (08:37:51):
Okay. Now, based on your investigation, did you also believe you had probable cause to arrest Tina Marie Ellis?
Lieutenant Fussell (08:38:00):
Yes.
Mr. Willard (08:38:01):
And what was the charge?
Lieutenant Fussell (08:38:02):
She was charged with accessory after.
Mr. Willard (08:38:09):
And after the arrest of both the defendant and Ms. Ellis, were you contacted by Steven Williams at a later date?
Lieutenant Fussell (08:38:22):
I was contacted by Steven Killian.
Mr. Willard (08:38:23):
I'm sorry, Steven Killian.
Lieutenant Fussell (08:38:25):
Yes.
Mr. Willard (08:38:25):
Okay. And did he provide you evidence or items back on April 2025?
Lieutenant Fussell (08:38:32):
Yes.
Mr. Willard (08:38:37):
Okay. And Lieutenant Fussell, do you see the defendant in the courtroom today?
Lieutenant Fussell (08:38:41):
I do.
Mr. Willard (08:38:42):
And will you please point at her and describe what she's wearing?
Lieutenant Fussell (08:38:44):
She's wearing a black or blue sports coat or blazer and a, looks like white and black floral print shirt.
Mr. Willard (08:38:54):
Will the record reflect the witness identified the defendant, Your Honor?
Judge (08:38:57):
Record will so reflect.
Mr. Willard (08:39:00):
And Lieutenant Fussell, were you aware of these allegations that the defendant made against Chad Mullen?
Lieutenant Fussell (08:39:10):
Yes.
Mr. Willard (08:39:10):
Involving her daughter, Austero?
Lieutenant Fussell (08:39:12):
Yes.
Mr. Willard (08:39:13):
To your knowledge, were any charges filed or anything developed from that investigation?
Lieutenant Fussell (08:39:18):
No.
Mr. Willard (08:39:24):
Okay. Thank you, Your Honor. Nothing further.
Judge (08:39:25):
All right. Mr. Smith?
Mr. Smith (08:39:29):
Just a couple questions. So through your investigation, you had developed that Rebecca Davis was a possible suspect?
Lieutenant Fussell (08:39:40):
Her name was mentioned, yes.
Mr. Smith (08:39:42):
As possibly helping Ms. Deller move the body?
Lieutenant Fussell (08:39:45):
I believe it was in the... It maybe babysat or provided a firearm, something along those lines, but yes, Rebecca's Davis name came up.
Mr. Smith (08:39:55):
But you were also told that, or you also discovered through investigation, through interviews, that Rebecca Davis also assisted with moving this body?
Lieutenant Fussell (08:40:03):
Yes.
Mr. Smith (08:40:04):
Okay. I have no other questions. Thank you.
Judge (08:40:09):
All right. Any redirect?
Mr. Smith (08:40:10):
Sorry. Can I ask one more question, Judge? I just recalled one as I went to sit down.
Judge (08:40:18):
Sure.
Mr. Smith (08:40:20):
You did speak with Ms. Davis, correct?
Lieutenant Fussell (08:40:22):
I did.
Mr. Smith (08:40:22):
And you were able to clear her as a possible suspect?
Lieutenant Fussell (08:40:25):
Yes.
Mr. Smith (08:40:26):
No other questions, sorry.
Mr. Willard (08:40:37):
When you spoke to Ms. Davis, did she indicate to you she wasn't involved?
Lieutenant Fussell (08:40:44):
Ms. Davis' only statement that I recall was something to the effect that the defendant had told her that the body wouldn't be found in Putnam County.
Mr. Smith (08:40:54):
Objection. Hearsay.
Judge (08:41:04):
I'll overrule that objection.
Mr. Willard (08:41:05):
Thank you, Your Honor. Nothing further.
Judge (08:41:14):
All right. Anything additional?
Mr. Willard (08:41:17):
Nothing from me.
Judge (08:41:18):
All right. Thank you.
Lieutenant Fussell (08:41:19):
Thank you, Your Honor.
Judge (08:41:20):
All right. [inaudible 08:41:22].
Mr. Smith (08:41:23):
He can be excused for now. Nothing further, Your Honor.
Judge (08:41:29):
All right. All right. So ladies and gentlemen, it's been a full day, a long day to be in one space. So what I'd ask you to do is we'll go ahead and break for today. Please, please, please, you are still under the rules that I have put in place. If you hear anybody talking about the case, move away. Let us know if that occurs, because we want to make sure that nobody gets anything improper that would cause them not to be able to deliberate on this jury. No news articles, no TV, no Facebook, no nothing regarding this case. No research regarding this case. No talking to spouses, siblings, each other, et cetera. Any questions?
Speaker 37 (08:42:12):
No.
Judge (08:42:13):
All right. So what I'll have you do is report tomorrow again, 8:45. We'll hope to start right at 9:00 again tomorrow. Day should look about the same, okay? Any questions from anybody?
Speaker 38 (08:42:26):
Same place in the morning.
Judge (08:42:27):
Same place. You go over there. And look, go into the lounge so we can avoid things like people talking in the hallway and all those different things. Go into the jury lounge so that you're not around them. Leave your jury badges here. We'll give them back to you tomorrow. Leave your notebooks and pens here. They will be secured and then placed back on your chairs before we start the trial. Okay?
Speaker 38 (08:42:50):
Yes.
Judge (08:42:52):
All right. I've been paying attention to all of you. You've all been alert. Juror number one got a little sleepy on me right after lunch but he woke up. He got a little sleepy and I'm going to call that out. But everybody else, I'm sorry, I had to call you out because it was funny because we made eye contact. And then he sat up like, "Oh, boy." But get a good night rest and be ready for a full day of work tomorrow. Okay?
Bailiff (08:43:17):
All rise as jury leaves the courtroom.
Judge (08:43:23):
Now for everyone in the mornings because is any of my jurors, are you going to have to use the restroom before you leave? All right. So I want everyone else to remain in the courtroom until we get the all clear that jury is exited. All right. The jury is exited. Everyone can remain seated. What we'll do is as soon as the bailiff let us know that all of the jurors have cleared the premises, then we'll go ahead and release Mr. Mullen's family first and let you leave and get off the area and then we'll release Ms. Dellers' [inaudible 08:44:42]
