Judge Ricardo Jensen (00:01):
... all of our jurors here present. Anything we need to discuss on behalf of the State?
State Attorney (00:05):
No, Your Honor.
Judge Ricardo Jensen (00:05):
On behalf of the Defense?
Attorney Britt (00:07):
No, sir.
Judge Ricardo Jensen (00:07):
Let's bring our jury in.
Bailiff (00:09):
Bringing the jury. Jury seated, Your Honor.
Judge Ricardo Jensen (00:54):
Thank you, sir. Let the record reflect that the jury has reentered the courtroom. Give you a minute to get situated and put on your badges. State, you may call your next witness.
Attorney Smircic (01:18):
Judge, the State will call John Leatherwood to the stand.
Judge Ricardo Jensen (01:23):
All right, sir, if you can make your way around here to the witness stand, please? Before you have a seat, if you can place your left hand on the Bible. Raise your right hand.
Clerk (01:43):
Do you solemnly swear that the testimony you give in court today will be the truth, the whole truth, nothing but the truth, so help you God?
Detective Leatherwood (01:48):
Yes.
Clerk (01:49):
Thank you. You may be seated.
Detective Leatherwood (01:51):
Good morning, Judge.
Judge Ricardo Jensen (01:51):
Good morning.
Bailiff (01:54):
[inaudible 00:01:54] slide it forward a bit [inaudible 00:01:56]. Thank you.
Judge Ricardo Jensen (02:00):
Sir, as you give your testimony, please remember to speak loudly and clearly into the microphone. Make sure all of your answers are out loud. No head shakes or nods or mm-hmm's. Everything has to be yes or no. Please wait for the attorneys to be done asking their questions before you give a response. Can you do that?
Detective Leatherwood (02:15):
Yes, sir.
Judge Ricardo Jensen (02:16):
All right. Thank you, sir. State, you may proceed.
Attorney Smircic (02:18):
Thank you, Judge. Good morning, Detective Leatherwood. How are you?
Detective Leatherwood (02:22):
Good morning. Thank you. Good morning, everybody.
Attorney Smircic (02:25):
Can you state your name for the court reporter?
Detective Leatherwood (02:30):
My name's John Ollie Leatherwood III.
Attorney Smircic (02:35):
And did you retire from law enforcement?
Detective Leatherwood (02:40):
Yes, ma'am.
Attorney Smircic (02:40):
Where did you retire from?
Detective Leatherwood (02:42):
Pender County Sheriff's Office.
Attorney Smircic (02:45):
How long did you work at the Pender County Sheriff's Office?
Detective Leatherwood (02:48):
18 years.
Attorney Smircic (02:51):
What was your role there when you retired?
Detective Leatherwood (02:55):
Several roles. I was a ... Let's see. Murders, investigators, and a couple more. Let's see. Excuse me a second. Sex assaults, children's sex assaults, children's death investigations.
Attorney Smircic (03:24):
So were you a major crimes investigator?
Detective Leatherwood (03:26):
Yes.
Attorney Smircic (03:31):
And Detective Leatherwood, were you recently diagnosed in 2025 with mild cognitive decline?
Detective Leatherwood (03:40):
Yes.
Attorney Smircic (03:41):
Do you take medicine for that?
Detective Leatherwood (03:43):
Yes.
Attorney Smircic (03:51):
When you worked for the Pender County Sheriff's Office in November of 2017, were you an investigator or detective at that time?
Detective Leatherwood (04:01):
Yes.
Attorney Smircic (04:06):
And on November 13th of 2017, were you sworn, employed and on duty as an investigator for the Pender County Sheriff's Office?
Detective Leatherwood (04:14):
Yes.
Attorney Smircic (04:17):
Did you get a call to go to the hospital?
Detective Leatherwood (04:20):
Yes.
Attorney Smircic (04:21):
What was the nature of that call?
Detective Leatherwood (04:23):
A five-year-old female was brought to the Pender County Hospital, and I was diverted to that hospital.
Attorney Smircic (04:39):
Did you go to the Pender County Hospital or did you go somewhere else?
Detective Leatherwood (04:44):
I went to [inaudible 00:04:48] County's Children's Hospital. I was diverted there. That's where I showed up at.
Attorney Smircic (04:57):
And the five-year-old that you were responding to, was that Paitin Fields?
Detective Leatherwood (05:02):
Yes.
Attorney Smircic (05:05):
What did you do when you arrived at the hospital in Wilmington?
Detective Leatherwood (05:09):
Initially, when I arrived there, I went to the receptionist, and they were waiting for me, and there was ... Hospital police was waiting for me, and they escorted me up to the second floor of the hospital.
Attorney Smircic (05:21):
What did you do there?
Detective Leatherwood (05:22):
I met with two nurses there when I showed, and we talked, and they took me into where Paitin was being cared for.
Attorney Smircic (05:37):
And did they tell you the nature of her injuries?
Detective Leatherwood (05:40):
Yes, they did.
Attorney Smircic (05:41):
Based on that, did you begin an investigation?
Detective Leatherwood (05:44):
Yes.
Attorney Smircic (05:49):
Did you conduct interviews with Paitin's family members that were in the home?
Detective Leatherwood (05:58):
Yes.
Attorney Smircic (06:02):
Did you interview at the hospital Lisa Hunt and Dale Hunt?
Detective Leatherwood (06:08):
Yes, I did.
Attorney Smircic (06:09):
When you interviewed them, did you interview them separately?
Detective Leatherwood (06:13):
Yes.
Attorney Smircic (06:16):
Did you audio record these interviews?
Detective Leatherwood (06:18):
Yes, I did.
Attorney Smircic (06:21):
May I approach?
Judge Ricardo Jensen (06:22):
You may.
Attorney Smircic (06:22):
[inaudible 00:06:22]
Judge Ricardo Jensen (06:22):
[inaudible 00:06:22]
Attorney Smircic (06:22):
[inaudible 00:06:22] 11:30.
Judge Ricardo Jensen (06:22):
Perfect.
Attorney Smircic (06:45):
Detective Leatherwood, I'm showing you State's 30. Are those the audio interviews you conducted with Lisa and Dale Hunt at the hospital in Wilmington?
Detective Leatherwood (06:54):
Yes.
Attorney Smircic (06:55):
And you reviewed these interviews prior to testifying today?
Detective Leatherwood (06:59):
Yes.
Attorney Smircic (07:01):
Anything about these interviews been changed or modified in any way, or are they recorded as when you conducted them?
Detective Leatherwood (07:07):
No.
Attorney Smircic (07:08):
Judge, the State would move to enter State's 30 for substantive purposes.
Judge Ricardo Jensen (07:13):
Any objection?
Attorney Britt (07:16):
Yes.
Judge Ricardo Jensen (07:16):
All right. Do you wish to be heard?
Attorney Britt (07:17):
Yes, sir.
Judge Ricardo Jensen (07:20):
All right. Members of the jury, there are some matters that we need to consider outside of your presence, so go ahead and close up your notebooks. As you are outside of the courtroom, remember, do not discuss this case amongst yourselves. Do not discuss this case with anybody else, including friends, family members, or coworkers. Do not have any contact with any of the parties, attorneys, or witnesses. Do not conduct any independent investigation or inquiry, and do not post online regarding your experience as a juror. We'll go ahead and have you exit the courtroom, and we can bring you back in a few minutes.
Bailiff (07:51):
Thank you, Your Honor. Make sure your notebooks are closed [inaudible 00:07:54] your chair when ready [inaudible 00:07:55] and back this way, please. Jury's not in the courtroom, Your Honor.
Judge Ricardo Jensen (08:28):
Thank you, sir. Let the record reflect that the jury has exited the courtroom. Mr. Britt, your argument?
Attorney Britt (08:33):
Your Honor, it's my position this is either admissible as corroborative evidence or impeachment, but not as substantive.
Judge Ricardo Jensen (08:42):
Okay. So your objection's more with the labeling of the evidence than as to predicate questions, what it contains, it's the actual conversations themselves?
Attorney Britt (08:59):
Yes, sir.
Judge Ricardo Jensen (09:00):
Okay. Ms. Smircic, do you wish to respond?
Attorney Smircic (09:06):
I motion to hear, Judge.
Judge Ricardo Jensen (09:14):
So any objection then to labeling it as, I suppose ... I don't know the contents of it. Would it be impeaching or corroborative?
Attorney Smircic (09:32):
Judge, it can be for corroboration or impeachment.
Judge Ricardo Jensen (09:40):
Okay. Anything else you wish to say, Mr. Britt?
Attorney Britt (09:41):
No, sir.
Attorney Smircic (09:45):
Judge, while the jury's out, I will put on the record that the State will not have any redactions for the audio interview for Lisa Hunt, but for Dale Hunt, we will redact 5:45 to 5: 55, which mentions taking a polygraph.
Judge Ricardo Jensen (10:04):
Any objection to that redaction?
Attorney Britt (10:06):
No, sir.
Judge Ricardo Jensen (10:17):
Okay. I will allow Exhibit 30 to be admitted into evidence as either corroborative or impeachment. All right, let's go ahead and bring our jury back in.
Attorney Smircic (10:35):
And Judge, just for the record, we'll be redacting those portions just by muting the section.
Judge Ricardo Jensen (10:39):
Okay, that's fine. Bring the jury.
Bailiff (10:40):
Jury seated.
Judge Ricardo Jensen (12:15):
Thank you, sir. Let the record reflect that the jury has reentered the courtroom. Members of the jury, State's Exhibit 30 will be admitted into evidence as either corroborative or for impeachment purposes. All right, Ms. Smircic, you may proceed.
Attorney Smircic (12:30):
Judge, at this time, I'd seek to publish State's 30.
Judge Ricardo Jensen (12:34):
You may publish.
Attorney Smircic (12:35):
Thank you, Judge. And Detective Leatherwood, you interviewed Lisa Hunt?
Detective Leatherwood (12:40):
Yes.
Audio: Detective Leatherwood (12:40):
Her name, is it Paitin Field?
Audio: Lisa Renee Hunt (12:40):
Renee Fields.
Audio: Detective Leatherwood (12:40):
Renee?
Audio: Lisa Renee Hunt (12:40):
Uh-huh. Is she alive?
Audio: Detective Leatherwood (12:40):
Yes, ma'am. Give me ... What's her date of birth?
Audio: Lisa Renee Hunt (12:40):
6/23/2012.
Audio: Detective Leatherwood (13:09):
Okay. And your first name?
Audio: Lisa Renee Hunt (13:09):
My name's Lisa Hunt.
Audio: Detective Leatherwood (13:09):
And middle name?
Audio: Lisa Renee Hunt (13:21):
Renee. She's [inaudible 00:13:21]
Audio: Detective Leatherwood (13:21):
Okay. And where do you live at, ma'am?
Audio: Lisa Renee Hunt (13:21):
[inaudible 00:13:21] 104 Blackwater Drive.
Audio: Detective Leatherwood (13:33):
104. Okay. And your date of birth?
Audio: Lisa Renee Hunt (13:34):
5/8/68.
Audio: Detective Leatherwood (13:39):
And you're the paternal grandmother or maternal?
Audio: Lisa Renee Hunt (13:42):
Maternal. She's my daughter's. I put her to bed. She had a little fever, but she was fine.
Audio: Detective Leatherwood (13:57):
Okay. Let me ask you a couple questions. What's her medical history?
Audio: Lisa Renee Hunt (14:01):
She's been fine.
Audio: Detective Leatherwood (14:02):
She's been fine. Okay.
Audio: Lisa Renee Hunt (14:03):
Yeah. Just a little small in stature, but she's fine.
Audio: Detective Leatherwood (14:08):
Yesterday she was okay? Everything was fine?
Audio: Lisa Renee Hunt (14:09):
No, she was sick. She was very sick. She had a fever and a cough, and I got her some ibuprofen. [inaudible 00:14:11] the chewable tablets.
Audio: Detective Leatherwood (14:09):
Yeah.
Audio: Lisa Renee Hunt (14:09):
And I had Children's Dimetapp, and I gave her a half a dose of that-
Audio: Detective Leatherwood (14:09):
Okay.
Audio: Lisa Renee Hunt (14:10):
... because she's 5 1/2 now. It says six, but she's been taking it since she was four.
Audio: Detective Leatherwood (14:32):
Okay. Yeah.
Audio: Lisa Renee Hunt (14:34):
But I've never bought the dye-free kind. I bought the dye-free kind yesterday because it was on sale at Walgreens.
Audio: Detective Leatherwood (14:39):
Who resides in the residence with you?
Audio: Lisa Renee Hunt (14:41):
My husband.
Audio: Detective Leatherwood (14:41):
Okay. Your husband [inaudible 00:14:41]. What's his name?
Audio: Lisa Renee Hunt (14:41):
Dale Hunt.
Audio: Detective Leatherwood (14:49):
How do you spell that?
Audio: Lisa Renee Hunt (14:50):
D-A-L-E.
Audio: Detective Leatherwood (14:53):
What's his middle name?
Audio: Lisa Renee Hunt (14:53):
Sharby.
Audio: Detective Leatherwood (14:53):
Hunt?
Audio: Lisa Renee Hunt (14:53):
Hunt.
Audio: Detective Leatherwood (15:00):
And what's his date of birth?
Audio: Lisa Renee Hunt (15:01):
7/30/67.
Audio: Detective Leatherwood (15:06):
Okay. Who else?
Audio: Lisa Renee Hunt (15:08):
My son, he just moved back home.
Audio: Detective Leatherwood (15:25):
Okay. What's his name?
Audio: Lisa Renee Hunt (15:25):
David Prevatte.
Audio: Detective Leatherwood (15:25):
Middle initial?
Audio: Lisa Renee Hunt (15:25):
W. Wesley. David Wesley. 11/10.
Audio: Detective Leatherwood (15:25):
David Wesley Hunt?
Audio: Lisa Renee Hunt (15:25):
David Wesley Prevatte. P-R-E-
Audio: Detective Leatherwood (15:25):
Oh, okay.
Audio: Lisa Renee Hunt (15:26):
Yeah, he's from my second marriage. P-R-E-V-A-T-T- E. Oh my God, what's wrong with my child?
Audio: Detective Leatherwood (15:32):
And how old is he?
Audio: Lisa Renee Hunt (15:32):
He turned 19. 11/10. He just turned 19.
Audio: Detective Leatherwood (15:32):
What's the birthday?
Audio: Lisa Renee Hunt (15:32):
11/10/98.
Audio: Detective Leatherwood (15:32):
And what does he sleep? You and your husband sleeping together?
Audio: Lisa Renee Hunt (15:32):
Yes, we do.
Audio: Detective Leatherwood (15:32):
And what about David?
Audio: Lisa Renee Hunt (15:47):
David, he has his own room. The girls were on the couch. My granddaughter lives with us too. Savannah Fields.
Audio: Detective Leatherwood (15:55):
Savannah?
Audio: Lisa Renee Hunt (15:57):
Yeah, that's Paitin's big sister.
Audio: Detective Leatherwood (15:59):
How old is Savannah?
Audio: Lisa Renee Hunt (16:00):
She's seven. She has fetal alcohol syndrome. That's why I have her.
Audio: Detective Leatherwood (16:04):
Savannah?
Audio: Lisa Renee Hunt (16:04):
Fields. Savannah Rose Fields.
Audio: Detective Leatherwood (16:04):
How old's she?
Audio: Lisa Renee Hunt (16:12):
She's seven. And her and Paitin were on the couch because they weren't feeling ... Paitin went to sleep in the bed, so I got up last night and put her on the couch because we're remodeling our house. And so I have her and Paitin sit down on the couch, and David's in the bedroom because we're redoing his room right now. And I got up. I just laid her on the couch, and she was fine. Fever was still a little small. But when I got up, she wasn't laying this way. She was this way sitting up on the couch, and her eyes were rolling back in her head. And Savannah was up, and she turned the TV on, which Savannah does that a lot. She gets up at night and puts on the TV. And she just says [inaudible 00:17:03] something about that Paitin was acting crazy, and that's all she said. And I went in there, and her eyes just rolled back. Please tell me what's wrong with her.
Audio: Detective Leatherwood (17:15):
I don't know. I'm not a doctor. I can't really say.
Audio: Lisa Renee Hunt (17:18):
Why did you have that right, please? [inaudible 00:17:21] I know that my son grabbed her, told me they're here to keep her from swallowing it. But please tell me why that's down there because she's not [inaudible 00:17:32] and she's not [inaudible 00:17:34]
Audio: Detective Leatherwood (17:36):
Let me show you a picture.
Audio: Lisa Renee Hunt (17:56):
Please. I don't know if I can take it or not. Does that say, "Trauma to the vaginal area"?
Audio: Detective Leatherwood (17:59):
Ma'am, look, under her neck.
Audio: Lisa Renee Hunt (18:02):
Yeah, she's got a rash. I see that.
Audio: Detective Leatherwood (18:04):
That's not a rash.
Audio: Lisa Renee Hunt (18:04):
That's not?
Audio: Detective Leatherwood (18:04):
No.
Audio: Lisa Renee Hunt (18:04):
[inaudible 00:18:08]
Audio: Detective Leatherwood (18:04):
[inaudible 00:18:09] her neck.
Audio: Lisa Renee Hunt (18:19):
Oh, God. [inaudible 00:18:10] please, please, please, please, please. I didn't ... You have to [inaudible 00:18:22]
Audio: Detective Leatherwood (18:20):
[inaudible 00:18:22] around her neck.
Audio: Lisa Renee Hunt (18:20):
[inaudible 00:18:24]
Audio: Detective Leatherwood (18:20):
Who would do that?
Audio: Lisa Renee Hunt (18:20):
I don't know.
Audio: Detective Leatherwood (18:20):
Someone in your house?
Audio: Lisa Renee Hunt (18:20):
No.
Audio: Detective Leatherwood (18:34):
Well, it had to be. She didn't go to bed like that.
Audio: Lisa Renee Hunt (18:35):
No, she didn't. And she wasn't like that when I put her on the couch.
Audio: Detective Leatherwood (18:37):
Who would've done that?
Audio: Lisa Renee Hunt (18:40):
I don't know. I asked her sister what was going ... Did she notice anything? And she said ... And you can talk to her, but she does have fetal alcohol syndrome. But when I found her, she was seizing. Now I have dogs in the house, but they-
Audio: Detective Leatherwood (18:55):
No.
Audio: Lisa Renee Hunt (18:55):
... wouldn't have done that.
Audio: Detective Leatherwood (18:55):
[inaudible 00:18:57]
Audio: Lisa Renee Hunt (18:55):
No.
Audio: Detective Leatherwood (18:55):
No. No. Looks like a rope burn. Yeah.
Audio: Lisa Renee Hunt (18:55):
My husband was in the bed with me. I mean, I know where he was at, and my son went out, but he come [inaudible 00:19:11]. I let him in and locked the door.
Audio: Detective Leatherwood (18:55):
What time?
Audio: Lisa Renee Hunt (18:55):
I locked the door at 11 o'clock, and she-
Audio: Detective Leatherwood (18:55):
11:00?
Audio: Lisa Renee Hunt (18:55):
... was fine. Yes, and she was fine. Oh my God. Is she going to die?
Audio: Detective Leatherwood (18:55):
I don't know.
Audio: Lisa Renee Hunt (18:55):
Oh my God. This is a nightmare [inaudible 00:19:33]. I should have left her in the bed with me. That's a rope, you said?
Audio: Detective Leatherwood (18:55):
Mm-hmm.
Audio: Lisa Renee Hunt (18:55):
I thought a while. I've never seen anything like that.
Audio: Detective Leatherwood (18:55):
It appears to be like a quarter-inch piece of rope. What about your son?
Audio: Lisa Renee Hunt (18:55):
I don't ever know him to do nothing like that. He's been around these babies since they were born.
Audio: Detective Leatherwood (18:55):
He just moved back in town?
Audio: Lisa Renee Hunt (18:55):
No, he's been with his girlfriend.
Audio: Detective Leatherwood (18:55):
Living where?
Audio: Lisa Renee Hunt (20:17):
They were staying with her father, and then her and her father got in a fight, so they moved out. So they moved in with his aunt, and it wasn't going to work there. So she went ... I don't know where she went, but he came home, and he was out last night with some friends.
Audio: Detective Leatherwood (20:32):
Had he been drinking?
Audio: Lisa Renee Hunt (20:33):
No, not that I know of. [inaudible 00:20:40]. Oh my God.
Audio: Detective Leatherwood (20:45):
All right. I'm going to talk to your son. Somebody did this.
Audio: Lisa Renee Hunt (21:00):
Yes, they did. And I want to know who, whether it's him or whoever. That's my baby.
Audio: Detective Leatherwood (21:04):
I know.
Audio: Lisa Renee Hunt (21:09):
No, you don't. I took her out of an abusive parents [inaudible 00:21:14] for this. I've had her for three years. Not for this.
Audio: Detective Leatherwood (21:15):
[inaudible 00:21:24] Savannah out there?
Audio: Lisa Renee Hunt (21:15):
Mm-hmm.
Audio: Detective Leatherwood (21:15):
Okay.
Audio: Lisa Renee Hunt (21:27):
Can you do a rape kit on her? Can you do something like that on her?
Audio: Detective Leatherwood (21:29):
They'll do everything.
Audio: Lisa Renee Hunt (21:29):
Okay. That's what I want. I want everything.
Audio: Detective Leatherwood (21:29):
Everything?
Audio: Lisa Renee Hunt (21:29):
Everything. Everything.
Audio: Detective Leatherwood (21:29):
I'm just going to ask you some questions. Is Savannah jealous of Paitin?
Audio: Lisa Renee Hunt (21:29):
Sometimes. I mean-
Audio: Detective Leatherwood (21:29):
We don't know. I mean, you don't know.
Audio: Lisa Renee Hunt (21:29):
Yeah.
Audio: Detective Leatherwood (21:53):
I'm just talking to you.
Audio: Lisa Renee Hunt (21:53):
I was asleep. I mean, I don't know because the TV woke me up, and she just said that Savannah was acting ... Savannah said Paitin was acting crazy.
Audio: Detective Leatherwood (22:04):
Is there anything around the couch area that she could have used?
Audio: Lisa Renee Hunt (22:12):
No. No. No. But I keep stuff like that ... But Savannah would never ...
Audio: Detective Leatherwood (22:24):
I'm going to take you back down [inaudible 00:22:25] wouldn't say anything, please. [inaudible 00:22:28] so I can talk to everybody. Okay? I'll go get your son. What's your son's first name?
Audio: Lisa Renee Hunt (22:24):
David.
Audio: Detective Leatherwood (22:24):
[inaudible 00:22:37]
Audio: Lisa Renee Hunt (22:24):
[inaudible 00:22:37]
Attorney Smircic (22:43):
Detective Leatherwood, did you next interview or did you interview Dale Hunt after you interviewed Lisa?
Detective Leatherwood (22:51):
Yes, I did. Yes, I did.
Attorney Smircic (22:53):
Judge, at this time, we'll publish Dale Hunt's interview off of State's 30.
Judge Ricardo Jensen (22:57):
Okay.
Audio: Detective Leatherwood (22:57):
[inaudible 00:22:58]
Audio: Dale Hunt (22:57):
And now what's going on?
Audio: Detective Leatherwood (23:14):
All right. You are Dale S. Hunt?
Audio: Dale Hunt (23:15):
Dale Sharby Hunt.
Audio: Detective Leatherwood (23:15):
Is it Sharby?
Audio: Dale Hunt (23:15):
Sharby, S-H-A-R-B-Y.
Audio: Detective Leatherwood (23:20):
H-A-R-B-Y?
Audio: Dale Hunt (23:22):
R-B-Y. And have I ever been in trouble? Yes. [inaudible 00:23:28] federal prison for beating the shit out of people, but I ain't never touched a youngin, if that's what you're implying.
Audio: Detective Leatherwood (23:34):
I'm not implying anything.
Audio: Dale Hunt (23:37):
I can't understand why you're even up here, you know what I mean?
Audio: Detective Leatherwood (23:38):
[inaudible 00:23:41]
Audio: Dale Hunt (23:41):
Yeah. Come up here, and you won't let us see our grandbaby.
Audio: Detective Leatherwood (23:43):
No, that's not up to me. That's up to the hospital.
Audio: Dale Hunt (23:46):
Because now they said it was up to you.
Audio: Detective Leatherwood (23:48):
See, everybody's telling stories. I don't-
Audio: Dale Hunt (23:50):
I wish somebody could get their shit straight then, because I don't like to be lied to. I don't lie, and I don't expect people to lie to me.
Audio: Detective Leatherwood (23:57):
Well, I'm not going to lie to you, but I'm going to tell you that.
Audio: Dale Hunt (24:01):
What's that? That's a rash? That's what the doctor says is a rash. What is it?
Audio: Detective Leatherwood (24:05):
It's not a rash. It's rope burn.
Audio: Dale Hunt (24:06):
Rope burn.
Audio: Detective Leatherwood (24:09):
You got a completely healthy child yesterday who is now-
Audio: Dale Hunt (24:15):
Rope burn?
Audio: Detective Leatherwood (24:16):
... trying to survive. She has petechiae. She was strangled.
Audio: Dale Hunt (24:22):
She was strangled?
Audio: Detective Leatherwood (24:26):
Absolutely. Absolutely.
Audio: Dale Hunt (24:30):
You're bullshitting, ain't you?
Audio: Detective Leatherwood (24:31):
Do you think I'm sitting here-
Audio: Dale Hunt (24:45):
I just ... I don't know. What the fuck?
Audio: Detective Leatherwood (24:45):
Yep.
Audio: Dale Hunt (24:45):
That's her.
Audio: Detective Leatherwood (24:45):
She was a perfectly healthy child [inaudible 00:24:50]
Audio: Dale Hunt (24:49):
Yeah. She was fine yesterday except for the fever, and her grandmother gave her some kind of medicine [inaudible 00:24:58]. It's some kind of cough medicine. I had a teaspoon. She slept about all day. When she was up yesterday, she was doing bad, but then she was fine. I don't know. I was asleep. My granddaughter said she got up acting funny, but my granddaughter, she's got alcohol syndrome.
Audio: Detective Leatherwood (25:21):
Yeah. [inaudible 00:25:24]
Audio: Dale Hunt (25:24):
Yeah. That's part of her symptoms. She tells lies and thinks it's funny. And then she said, " Papa, she's in there acting funny." I said, "Get your butt back to bed. Don't wake your damn sister up because y'all got to go to school." And then she said back, "Something [inaudible 00:25:36]." Then me and my wife [inaudible 00:25:36] around a little bit in the morning, and then she got up to go make coffee, because it was getting my time to get up and go to work. We get up anywhere between 3:30, 4:30. She got up to go make coffee, and that's when she hollered.
(25:52)
I jumped up out of bed and run in there, and she was just limp in my wife's arms. And I come back, and I got dressed. My son run out the room, I think. I don't remember. But anyway, he wind up with her. I wanted to get dressed, and he held her the whole time. She was blue and her lips and her face was turning blue. And then she acted like she was going into seizures. I told him make sure she don't choke on her tongue while we was going down the road. And he stuck his tongue down her mouth, but she was biting on him. And then we got up to the hospital. But when my wife [inaudible 00:26:47], my wife said she was sitting up.
Audio: Detective Leatherwood (26:48):
Let me explain to you a couple things just to make sure we're clear about this. Anytime a child is brought into the hospital here or even hospital over there, it looks like suspicious activity, trauma, forced trauma, they automatically go into a lockdown and anybody involved is not allowed to see that person, period. That's standard hospital operating procedure. Do you understand what I'm saying?
Audio: Dale Hunt (27:12):
Yes, sir.
Audio: Detective Leatherwood (27:16):
I have no right to sit there and tell ... I could never even tell them to not let you go there, so that's a lie. I never told your wife anything. I would never arrest her. I would never threaten her.
Audio: Dale Hunt (27:23):
She just said she couldn't tell me or she could go to jail. [inaudible 00:27:27]
Audio: Detective Leatherwood (27:27):
I never told her a thing like that. I wouldn't do that. That's not me. I've been doing this too long to do that. I mean, she's traumatized enough [inaudible 00:27:34]
Audio: Dale Hunt (27:33):
Yeah, that's why [inaudible 00:27:34] make no sense. I was like, "Well, why in the hell would he say some bullshit like that?"
Audio: Detective Leatherwood (27:38):
Well, like I say, I took pictures. They're working on her now. She's not in good shape at all. I will say that as far as what they told me. The marks around her neck looked very suspicious. That's why they brought me in here. I'm going to be looking at that a little bit further.
Audio: Dale Hunt (27:57):
Yeah, please do.
Audio: Detective Leatherwood (27:59):
And I talked to your ... Is it your son?
Audio: Dale Hunt (28:00):
Yeah.
Audio: Detective Leatherwood (28:10):
Your biological son?
Audio: Dale Hunt (28:10):
No, sir.
Audio: Detective Leatherwood (28:10):
[inaudible 00:28:10] stepson?
Audio: Dale Hunt (28:10):
Stepson.
Audio: Detective Leatherwood (28:10):
Stepson, talked to him.
Audio: Dale Hunt (28:10):
I've been raising him since he was like 18. He's my son. You know what I mean? We just ain't blood.
Audio: Detective Leatherwood (28:10):
Right.
Audio: Dale Hunt (28:10):
[inaudible 00:28:10]
Audio: Detective Leatherwood (28:10):
Eight years old?
Audio: Dale Hunt (28:12):
Since he was 18 months old.
Audio: Detective Leatherwood (28:13):
18 months old. Okay. That's what we're looking at. I don't think anybody broke into the house.
Audio: Dale Hunt (28:19):
No, we got pit bulls. There ain't nobody breaking our damn house.
Audio: Detective Leatherwood (28:22):
Right, [inaudible 00:28:23]
Audio: Dale Hunt (28:23):
We got two pit bulls, and they don't let nobody even knock on the damn door. Somebody comes in the yard [inaudible 00:28:29] we get woke up. So nobody didn't break in our house. No.
Audio: Detective Leatherwood (28:33):
Well, I know that David came in about 10:30, 11 o'clock last night. I'm not saying he did it. I'm not saying he didn't do it, but somebody did it. And we want to look at it a little bit further today [inaudible 00:28:49]
Audio: Dale Hunt (29:00):
Yeah, I can't even count on my damn hand how many times we spanked our youngins. You know what I mean?
Audio: Detective Leatherwood (29:04):
I understand that.
Audio: Dale Hunt (29:04):
We're just-
Audio: Detective Leatherwood (29:04):
Yeah, I know that.
Audio: Dale Hunt (29:08):
I'm mean. I ain't going to lie to you. Back in my young days, [inaudible 00:29:11] can tell me now, I'm mean. I was a mean SOB when I was young.
Audio: Detective Leatherwood (29:14):
Right.
Audio: Dale Hunt (29:14):
I had a small man complex. The kids [inaudible 00:29:17] Napoleon complex.
Audio: Detective Leatherwood (29:18):
Yeah.
Audio: Dale Hunt (29:18):
But that's two things I ain't ever done is hurt a old person, anybody. And a lot of my fights came from was taking up for other people. I don't [inaudible 00:29:28] with people that's physical and mentally can't help themself or old people or children. It's just not me.
Audio: Detective Leatherwood (29:33):
Yeah. Okay.
Audio: Dale Hunt (29:41):
I ain't going to lie to you now. I've been in trouble a lot of times, but I left the fight. And there ain't none of that. You know what I mean?
Audio: Detective Leatherwood (29:44):
Unless it's sex abuse, I don't look at anybody's history. I don't care about history.
Audio: Dale Hunt (29:56):
I don't mind. You know what I mean? I'm telling you [inaudible 00:29:57]. You can ask them down in Pender County about being in Burgaw. They got in the Burgaw County jail [inaudible 00:29:59] I get a misdemeanor, I got the felony holding cell because I got in a fight down there. I don't believe in a bunch of mouth, and I don't take shit from people.
Audio: Detective Leatherwood (30:08):
I understand.
Audio: Dale Hunt (30:09):
And the boy who just got a lot of mouth, and he swung on me. When he hit me, he hit the wrong person. I hurt him pretty bad. That's not the kind of person I am, straightforward with you. But once you find out what happened with my granddaughter, with my son, you will be going [inaudible 00:30:25] Pender County arresting me because I put him in the ground.
Audio: Detective Leatherwood (30:28):
Let's not do that. Let me do my job. I was pretty hard on him a little bit.
Audio: Dale Hunt (30:35):
Not as much as he loves his nieces and everything. No, I can't see it. But you know what I mean? He ain't been around them for about a month till he just moved back home. [inaudible 00:30:44], but I can't see him hurting his nieces.
Audio: Detective Leatherwood (30:45):
Okay.
Audio: Dale Hunt (30:46):
He loves them too much.
Audio: Detective Leatherwood (30:47):
Yeah. I know that.
Audio: Dale Hunt (30:49):
We raised our youngest. Family comes first. Don't give a shit. You give your life up for your family.
Audio: Detective Leatherwood (30:59):
Let me go upstairs and see what's going on with ...
Audio: Dale Hunt (31:04):
I didn't even see nothing around that. He said she had a rash around her neck. [inaudible 00:31:08]
Audio: Detective Leatherwood (31:08):
Yeah.
Audio: Dale Hunt (31:09):
He asked about a rash, and I was thinking it's from that medicine my wife gave her.
Audio: Detective Leatherwood (31:12):
Yeah. It's pretty distinctive.
Audio: Dale Hunt (31:13):
Yeah.
Audio: Detective Leatherwood (31:13):
I've seen it before. I was trying to figure it out, but I'm just doing my job.
Audio: Dale Hunt (31:30):
That's fine. That's fine. Them two played a lot. The two girls, they're rough as hell, but no. I don't even know what time I even went to sleep last night. I couldn't even tell you.
Audio: Detective Leatherwood (31:31):
Yeah.
Audio: Dale Hunt (31:34):
Because I get up, like I said, between 3:30 and 4:30 in the morning because I'm at work about five o'clock.
Audio: Detective Leatherwood (31:37):
Where do you work at?
Audio: Dale Hunt (31:39):
I work [inaudible 00:31:40]
Audio: Detective Leatherwood (31:48):
Well, I'll give you an update.
Audio: Dale Hunt (31:49):
[inaudible 00:31:51]
Audio: Detective Leatherwood (31:49):
[inaudible 00:31:54]
Audio: Dale Hunt (31:56):
[inaudible 00:31:55] south on there. [inaudible 00:31:58] just as matter of fact, I just went back to work Monday. I was out for near three months since July because I took my knee out. I just went back to work Monday.
Audio: Detective Leatherwood (32:10):
[inaudible 00:32:10] thanking you.
Audio: Dale Hunt (32:11):
I'm sorry. I'm sorry.
Audio: Detective Leatherwood (32:15):
No, you're fine.
Audio: Dale Hunt (32:15):
I'm just-
Audio: Detective Leatherwood (32:16):
You're fine. It's tough times too.
Audio: Dale Hunt (32:18):
I didn't want nobody to let us ... I ain't seen her. I did get to look at her, and she just looks [inaudible 00:32:23]. And then we come here, and they tell us that we had to come in the front here and get a badge [inaudible 00:32:35] to see her, and then, "Well, I can't let you see her." And then the cops come and say, "Well, you're getting investigated." Well, why? You know what I mean? [inaudible 00:32:46] you know what I mean? Nobody want to tell us nothing.
Audio: Detective Leatherwood (32:49):
Yeah, some people say stuff they shouldn't say.
Audio: Dale Hunt (32:50):
Yeah.
Audio: Detective Leatherwood (32:50):
It's none of their business to say that.
Audio: Dale Hunt (32:52):
They're just like, "Well, what in the hell? What in the world would we get investigated for, for her having seizures?" It didn't make any sense.
Audio: Detective Leatherwood (33:00):
[inaudible 00:33:03]
Audio: Dale Hunt (33:12):
Yeah, please do. [inaudible 00:33:13]
Attorney Smircic (33:14):
Detective Leatherwood, did you send crime scene investigators to 104 Blackwater Drive?
Detective Leatherwood (33:19):
Yes, I did.
Attorney Smircic (33:23):
And later that afternoon of November 13th of 2017, did you interview Lisa and Dale Hunt again at the sheriff's office with Detective LaBelle?
Detective Leatherwood (33:34):
Yes, I did.
Attorney Smircic (33:37):
And they came in voluntarily?
Detective Leatherwood (33:38):
Yes, they did.
Attorney Smircic (33:42):
Over the course of Paitin's hospitalization in Wilmington, would you speak with the medical personnel about what was going on?
Detective Leatherwood (33:52):
Could you say that again, please?
Attorney Smircic (33:53):
When Paitin was hospitalized in Wilmington, would you speak with the doctors about what was going on?
Detective Leatherwood (33:58):
Yes. I'm sorry.
Attorney Smircic (34:00):
And when you were in the hospital, did you photograph some of Paitin and her injuries?
Detective Leatherwood (34:08):
Yes, ma'am.
Attorney Smircic (34:09):
Judge, may I approach?
Judge Ricardo Jensen (34:10):
You may.
Attorney Smircic (34:21):
[inaudible 00:34:14]. Detective Leatherwood, I'm showing you what's been marked as State's Exhibit 31, which is a CD. Did you review these photos prior to testifying today?
Detective Leatherwood (34:29):
Yes, I did.
Attorney Smircic (34:30):
And are these three photographs a fair and accurate representation of how Paitin appeared in the hospital when you went to see her?
Detective Leatherwood (34:39):
Yes.
Attorney Smircic (34:40):
Would they help illustrate your testimony here today?
Detective Leatherwood (34:43):
Yes, they will.
Attorney Smircic (34:44):
Judge, the State would move to enter State's 31 for illustrative purposes.
Judge Ricardo Jensen (34:48):
Any objection?
Attorney Britt (34:48):
No, sir.
Judge Ricardo Jensen (34:49):
State's Exhibit 31 will be admitted into evidence. Is this restricted from the broadcast?
Attorney Smircic (34:57):
Yes, Judge. I seek to publish and restrict it from the broadcast.
Judge Ricardo Jensen (35:02):
All right. You may publish-
Speaker 1 (35:00):
... Restricted from the broadcast.
Speaker 2 (35:02):
All right. You may publish, and it will not be allowed on the broadcast.
Speaker 1 (35:29):
And for the record, Judge, the state will publish photos 80 through 83 on this exhibit.
Speaker 2 (35:52):
All right. Thank you.
Speaker X (35:52):
[inaudible 00:35:53].
Speaker 1 (36:04):
Detective Leatherwood, is this a photograph you took of Paitin in the hospital on November 13th of 2017?
Detective Leatherwood (36:09):
Yes, it is.
Speaker 1 (36:17):
Publishing 81, the next photo. Again, is that another photograph you took of the injuries to her neck?
Detective Leatherwood (36:26):
Yes, it is.
Speaker 1 (36:27):
On November 13th of 2017?
Detective Leatherwood (36:29):
Yes.
Speaker 1 (36:34):
Publishing photograph 82. Is that a photograph you took of Paitin's genital area on November 13th, 2017?
Detective Leatherwood (36:45):
Yes, it is.
Speaker 1 (36:48):
And publishing photo 83, again, a similar photo as what we just saw?
Detective Leatherwood (36:54):
Yes, it is.
Speaker 6 (37:08):
Sir, I'm going to ask you to scoot closer to the microphone so it'll pick you up better.
Detective Leatherwood (37:13):
Oh, thank you. Yep.
Speaker 1 (37:14):
Can I get a moment, Judge?
Speaker 2 (37:23):
You may.
Speaker 1 (37:30):
And Detective Leatherwood, did you continue to investigate this case until your retirement?
Detective Leatherwood (37:35):
Yes, I did.
Speaker 1 (37:38):
Nothing further, Judge.
Speaker 2 (37:39):
Cross examination?
Speaker 3 (37:42):
Yes, sir.
(37:49)
Detective Leatherwood, when you received the first phone call from dispatch, did you go directly to Wilmington or did you go by the hospital here in Burgaw?
Detective Leatherwood (38:02):
I was heading towards the Pender Hospital, but I was redirected to New Hanover. That's where she was being transported. I never-
Speaker 3 (38:11):
So Paitin had been-
Detective Leatherwood (38:11):
Excuse me, I'm sorry.
Speaker 3 (38:13):
Excuse me. Paitin had been transferred to New Hanover County Hospital before you arrived at Pender [inaudible 00:38:19]?
Detective Leatherwood (38:19):
Yes.
Speaker 3 (38:22):
And when you arrived at New Hanover, did someone point out to you Lisa Dale Hunt and David Prevatte or did you just simply walk up to them?
Detective Leatherwood (38:39):
Simply walk up to them?
Speaker 3 (38:40):
Yes.
Detective Leatherwood (38:41):
No, sir.
Speaker 3 (38:43):
So someone pointed them out to you?
Detective Leatherwood (38:45):
I was told when I was up at the second floor that they were down there waiting in the reception area. I didn't know they were even there, so when I went there, that's how it happened.
Speaker 3 (38:57):
And so after you were told they were there, you went downstairs?
Detective Leatherwood (39:00):
Yes, I did. Yes.
Speaker 3 (39:02):
And were they visibly upset?
Detective Leatherwood (39:07):
I would say so.
Speaker 3 (39:09):
Was David present at that time?
Detective Leatherwood (39:11):
Yes.
Speaker 3 (39:13):
Was David visibly upset?
Detective Leatherwood (39:22):
I can't remember.
Speaker 3 (39:30):
Did you speak to David at the hospital?
Detective Leatherwood (39:34):
Yes.
Speaker 3 (39:36):
Did you interview him?
Detective Leatherwood (39:38):
I did, yes.
Speaker 3 (39:40):
Where did that interview take place?
Detective Leatherwood (39:43):
The hospital offered me a room where I could interview him, and that's where I interviewed him at the hospital.
Speaker 3 (39:50):
And did you interview him after you had interviewed Lisa and Dale?
Detective Leatherwood (39:56):
No.
Speaker 3 (39:57):
Did you interview him first?
Detective Leatherwood (40:00):
Let's see. I interviewed... Did I answer that? I didn't question him first. I think he was second.
Speaker 3 (40:15):
If he wasn't first, who was?
Detective Leatherwood (40:18):
Lisa.
Speaker 3 (40:25):
And in the interview room, was David upset?
Detective Leatherwood (40:35):
He was emotional, yes.
Speaker 3 (40:36):
Was he crying?
Detective Leatherwood (40:38):
No.
Speaker 3 (40:45):
Describe for me what you mean by emotional.
Detective Leatherwood (40:49):
He was angry. He was all over the place, but he wasn't crying.
Speaker 3 (41:00):
So when you said he was all over the place, his emotions were back and forth? You said he was angry?
Detective Leatherwood (41:08):
Yeah.
Speaker 3 (41:13):
Did he ask you questions about Paitin's condition?
Speaker 1 (41:17):
Objection.
Speaker 2 (41:22):
Overruled.
Detective Leatherwood (41:26):
I can't remember that.
Speaker 3 (41:31):
And did you record that interview?
Detective Leatherwood (41:35):
Yes, I did.
Speaker 3 (41:51):
And approximately how long did you interview him at the hospital?
Detective Leatherwood (41:56):
Minute-wise?
Speaker 3 (41:58):
Yes, sir.
Detective Leatherwood (41:58):
Oh, gosh. I'd say 40 minutes. 30, 40 minutes, something like that.
Speaker 3 (42:10):
30 to 40 minutes?
Detective Leatherwood (42:11):
Yes.
Speaker 3 (42:20):
And was his interview much longer than Lisa's and Dale's?
Detective Leatherwood (42:28):
I can't remember that.
Speaker 3 (42:30):
The recordings that we just heard of your interviews with Lisa and Dale, were those the complete interviews or is it just a portion?
Detective Leatherwood (42:41):
They were complete interviews.
Speaker 3 (43:12):
And after you finished interviewing Lisa, David, and Dale, did you do anything else at the hospital? Did you take the photographs that we saw just a moment ago?
Detective Leatherwood (43:21):
Yes, I did.
Speaker 3 (43:22):
Did you take any other photographs there in the hospital?
Detective Leatherwood (43:25):
No.
Speaker 3 (43:29):
At the time you left the hospital, did you go to the residence where this allegedly happened?
Detective Leatherwood (43:38):
Yes.
Speaker 3 (43:40):
I'm sorry, you did or didn't?
Detective Leatherwood (43:41):
I did.
Speaker 3 (43:42):
You did? Who was present when you went there?
Detective Leatherwood (43:45):
At the residence?
Speaker 3 (43:46):
Yes, sir.
Detective Leatherwood (43:46):
It was, I think about eight of them. There was Lee Wells, Investigator Kleiner, I believe Investigator LaBelle, Captain Ezell, Sergeant Lee Wells, and that's about it.
Speaker 3 (44:18):
Were they engaged in search of the residence?
Detective Leatherwood (44:21):
Yes.
Speaker 3 (44:24):
Was the primary area of the residence that was being searched, was that the interior portion of the mobile home?
Detective Leatherwood (44:36):
Yes.
Speaker 3 (44:39):
And did you see any of the officers collect any items that were later taken into evidence?
Detective Leatherwood (44:52):
Yes.
Speaker 3 (44:54):
As the lead investigator, was that evidence turned over to you or did it stay in the possession of the crime scene investigators?
Detective Leatherwood (45:02):
Crime scene investigator.
Speaker 3 (45:19):
Could you see how they were handling items that were being collected?
Detective Leatherwood (45:31):
I was there. I can't remember that.
Speaker 3 (45:33):
Were they all wearing gloves?
Detective Leatherwood (45:36):
Sure. Yes.
Speaker 3 (45:37):
Okay. Were they packaging items that they were seizing?
Detective Leatherwood (45:50):
I would say so.
Speaker 3 (45:53):
And what type of packaging was being used? Was it a brown paper bag? Was it a plastic bag?
Detective Leatherwood (46:00):
I don't know.
Speaker 3 (46:07):
And did you yourself collect any evidence that [inaudible 00:46:11]-
Detective Leatherwood (46:11):
No, I didn't. I did not. No.
Speaker 3 (46:19):
After you finished at the residence, what's the next thing you did?
Detective Leatherwood (46:29):
Started my investigation.
Speaker 3 (46:31):
What did you do in your investigation?
Detective Leatherwood (46:36):
Let's see. I went back to the office after I did the... Go ahead.
Speaker 3 (46:46):
Did you conduct any other interviews?
Detective Leatherwood (46:48):
No.
Speaker 3 (46:49):
Was Savannah present at the home when you went there?
Detective Leatherwood (46:55):
No, she was not.
Speaker 3 (46:55):
Did you have any idea where she was?
Detective Leatherwood (47:01):
No, I did not.
Speaker 3 (47:05):
Did there come a time when you interviewed Lisa and Dale Hunt again?
Detective Leatherwood (47:14):
Several times throughout the investigation.
Speaker 3 (47:18):
And did you attempt to interview David again?
Detective Leatherwood (47:23):
Yes.
Speaker 3 (47:24):
Did you interview him several times as well?
Detective Leatherwood (47:36):
I don't think I did, no.
Speaker 3 (47:39):
And you were asked if you worked this investigation up until the date of your retirement?
Detective Leatherwood (47:47):
Yes.
Speaker 3 (47:48):
When did you retire?
Detective Leatherwood (47:49):
2020.
Speaker 3 (48:01):
And eventually, was this investigation turned over to Detective Short?
Detective Leatherwood (48:09):
I don't know. I mean, I just left and he took it over.
Speaker 3 (48:15):
Was he part of the investigative team prior to your retirement?
Detective Leatherwood (48:19):
No.
Speaker 3 (48:22):
Who all was involved on the investigative team prior to your retirement?
Detective Leatherwood (48:33):
Say that again, please.
Speaker 3 (48:34):
Who was on the investigative team prior to your retirement?
Detective Leatherwood (48:48):
Kleiner, LaBelle, pretty much the whole investigation.
Speaker 3 (48:55):
The same people who were involved in the search?
Detective Leatherwood (48:58):
Yeah.
Speaker 3 (49:26):
And to your knowledge, following your retirement, did the investigation stay in an active mode?
Detective Leatherwood (49:37):
I have no idea. When I left, I left.
Speaker 3 (49:42):
Did there come a time after you retired that you were called by anyone working the case?
Detective Leatherwood (49:49):
No.
Speaker 3 (49:52):
And when you retired, David had not been charged, had he?
Detective Leatherwood (49:56):
No.
Speaker 3 (49:57):
In fact, no one had been arrested at that point?
Detective Leatherwood (50:04):
No.
Speaker 3 (50:31):
In the interview with both Lisa and David, when you showed Lisa the marks on Paitin's neck, you commented it looked like a rope burn?
Detective Leatherwood (50:55):
Yes.
Speaker 3 (50:57):
And you said the same thing to Dale?
Detective Leatherwood (51:00):
Yes.
Speaker 3 (51:00):
And you said that what appeared to be a rope burn was approximately a quarter of an inch?
Detective Leatherwood (51:07):
Yes.
Speaker 3 (51:08):
In width?
Detective Leatherwood (51:10):
In width.
Speaker 3 (51:11):
Yes, sir. In width.
Detective Leatherwood (51:12):
Yeah.
Speaker 3 (51:19):
What made you believe that it was a rope burn?
Detective Leatherwood (51:24):
I've seen rope burns before. I'm not used to that. It actually was a rope burn, in my opinion.
Speaker 3 (52:11):
And the injuries that you observed, the strangulation marks, were they consistent in their size?
Detective Leatherwood (52:22):
Inconsistent in what size?
Speaker 3 (52:24):
Was the strangulation mark, was it consistent in size from one side of her neck to the other?
Detective Leatherwood (52:32):
Yes.
Speaker 3 (52:32):
Was there any sort of pattern to the injury?
Detective Leatherwood (52:42):
I don't know. No.
Speaker 3 (53:16):
And you were overheard on the tape, and you just testified a moment ago, you had been involved in a number of strangulation investigations?
Detective Leatherwood (53:25):
Yes.
Speaker 3 (53:26):
Approximately how many?
Detective Leatherwood (53:30):
Over the years, I can't count the numbers.
Speaker 3 (53:37):
Ballpark guess, 20?
Detective Leatherwood (53:40):
100.
Speaker 3 (53:52):
How many involved children?
Detective Leatherwood (53:55):
Excuse me?
Speaker 3 (53:55):
How many of those investigations involved children?
Detective Leatherwood (54:02):
Not that many.
Speaker 3 (54:13):
Did you ever interview Savannah?
Detective Leatherwood (54:16):
No.
Speaker 3 (54:41):
As part of your investigation, were you aware that Savannah was interviewed by a child forensic examiner?
Detective Leatherwood (54:55):
Yes.
Speaker 3 (54:56):
That took place in Wilmington?
Detective Leatherwood (54:57):
Yes.
Speaker 3 (54:59):
Did you attend any of those interviews?
Detective Leatherwood (55:01):
I did.
Speaker 3 (55:02):
Were you able to see them through either a closed circuit television or through a glass?
Detective Leatherwood (55:13):
Let me see. That was at Carousel Center. I can't remember that.
Speaker 3 (55:25):
Okay. Did you arrange for her to be interviewed?
Detective Leatherwood (55:27):
I did.
Speaker 3 (55:40):
And approximately how many times do you recall that she was interviewed regarding this incident?
Detective Leatherwood (55:49):
Once.
Speaker 3 (56:16):
All right. Thank you. I don't have any other questions.
Speaker 2 (56:18):
Redirect?
Speaker 1 (56:19):
No, Judge.
Speaker 2 (56:20):
Is this witness subject to recall?
Speaker 1 (56:25):
Yes, Judge.
Speaker 2 (56:26):
All right. Sir, you're still under your obligations of your subpoena. If you're called to testify, you must return. At this time, you may step down.
Detective Leatherwood (56:33):
Thank you.
Speaker 2 (56:36):
Okay.
Detective Leatherwood (56:36):
Let me sneak this up out of here. Thank you.
Speaker 6 (56:51):
Yes, sir. Watch your step, [inaudible 00:56:59]. Yes, sir. This way, sir.
Speaker 2 (57:01):
State, you may call your next witness.
Speaker 4 (57:02):
*State would call Detective Mark Lobel, Pender County Sheriff's Office.
Speaker 2 (57:08):
All right, sir, if you can make your way around here to the witness stand, please. Please place your left hand on the Bible. Raise your right hand.
Speaker 5 (57:20):
Do you solemnly swear that the testimony you give in court today will be the truth, the whole truth, nothing but the truth, so help you God?
Mark Lobel (57:26):
I do.
Speaker 5 (57:26):
Thank you. You may be seated.
Speaker 2 (57:35):
Sir, if you can make sure to speak loudly and clearly into the microphone, make sure all of your answers are out loud. Please wait for the attorneys to be done asking their questions before you give a response. If I can get you as close to that microphone as possible.
Mark Lobel (57:48):
Absolutely. Thank you, sir.
Speaker 2 (57:48):
Thank you.
(57:49)
State proceed.
Mr. Smith (57:50):
Thank you. Detective Lobel, can you state your name and occupation for the jury, please?
Mark Lobel (57:54):
Sure. Detective Mark Lobel, L-O-B as in boy, E-L, Pender County Sheriff's Office, Detective Sergeant.
Mr. Smith (58:04):
How long have you been with the Pender County Sheriff's Office?
Mark Lobel (58:08):
About almost 13 years.
Mr. Smith (58:12):
And in the course of your career at Pender County Sheriff's Office, what have been your duties and responsibilities?
Mark Lobel (58:20):
I started here as a school resource officer and subsequently went to the General Investigations Division.
Mr. Smith (58:29):
And how are you currently employed?
Mark Lobel (58:32):
As a Detective Sergeant in the General Investigations Division.
Mr. Smith (58:39):
Prior to joining Pender County Sheriff's Office 13 years ago or approximately 13 years ago, were you previously sworn with any other law enforcement agencies?
Mark Lobel (58:47):
Yes.
Mr. Smith (58:48):
Who?
Mark Lobel (58:49):
New York City Police Department.
Mr. Smith (58:50):
How long were you with New York City?
Mark Lobel (58:53):
Law enforcement career there was 25 years.
Mr. Smith (58:57):
Did you retire from NYPD?
Mark Lobel (58:59):
I did.
Mr. Smith (59:00):
And go through some of your duties and responsibilities with NYPD.
Mark Lobel (59:05):
Started out as a beat cop, went to regular patrol duties. From there, I went to auto crime, then I was a gang officer, then street narcotics, and then a robbery investigator, then a non-fatal shooting investigator to general investigations, and I ended up when I retired as a homicide investigator.
Mr. Smith (59:45):
Let me...
Mark Lobel (59:45):
Hold on one second.
Speaker X (01:00:03):
Thank you.
Speaker 2 (01:00:03):
You're good? All right. Please proceed.
Mr. Smith (01:00:06):
Let me take you to November 13th, 2017. Were you employed with the Pender County Sheriff's Office?
Mark Lobel (01:00:12):
I was.
Mr. Smith (01:00:12):
And what were your duties then?
Mark Lobel (01:00:15):
General investigations.
Mr. Smith (01:00:16):
All right. And at some point, did you get involved in the investigation of Paitin Fields's death?
Mark Lobel (01:00:23):
I did.
Mr. Smith (01:00:24):
And how was it that you got involved?
Mark Lobel (01:00:27):
I was asked by the lead investigator, Detective Leatherwood, to sit in or participate in interviews that were conducted at the sheriff's office.
Mr. Smith (01:00:40):
All right. And when was that? On November 13th, you were asked.
Mark Lobel (01:00:44):
Yes.
Mr. Smith (01:00:46):
And did you interview, on that date, Dale and Lisa Hunt?
Mark Lobel (01:00:51):
I did.
Mr. Smith (01:00:51):
Who was with you when you interviewed Dale and Lisa Hunt?
Mark Lobel (01:00:54):
Detective Leatherwood.
Mr. Smith (01:00:55):
All right. And outside of participating in interviews, what else did you do in the course of this investigation of Paitin Fields's death?
Mark Lobel (01:01:05):
That was it.
Mr. Smith (01:01:06):
All right. You heard Detective Leatherwood testify that you went out to 104, or he thought you went out to 104 Blackwater Drive. Did you go out to 104 Blackwater Drive?
Mark Lobel (01:01:15):
No, sir.
Mr. Smith (01:01:21):
Did you also have contact with the defendant, David Prevatte, on November 13th, 2017?
Mark Lobel (01:01:29):
Yes, sir.
Mr. Smith (01:01:29):
And what observations did you make or did you have of David Prevatte on that day?
Mark Lobel (01:01:36):
I observed that Mr. Prevatte had long fingernails and said fingernails had... I guess the only way to really describe were items or some kind of dirt or objects underneath his nails.
Mr. Smith (01:01:56):
All right. And then did you then make contact with David Prevatte the next day on 11/14/2017?
Mark Lobel (01:02:03):
Yes.
Mr. Smith (01:02:06):
And did you make any observations about him then?
Mark Lobel (01:02:08):
Yes.
Mr. Smith (01:02:08):
And what were your observations?
Mark Lobel (01:02:10):
Looked at his hands upon shaking his hands when he got to the office, and observed his hands had been, my opinion anyway, had been manicured.
Mr. Smith (01:02:24):
All right. So they...
Mark Lobel (01:02:27):
They were cut and cleaned.
Mr. Smith (01:02:30):
All right. All right. So I want to take you to November 13th, 2017. You said that you assisted Detective Leatherwood in interviewing Dale Hunt, correct?
Mark Lobel (01:02:41):
Correct.
Mr. Smith (01:02:43):
Talk about where interviews are conducted at the sheriff's office.
Mark Lobel (01:02:48):
So the sheriff's office is a small building, and so we have one room dedicated strictly for interviews. And that's all that room is used for. We've since changed our system, but at the time, everything and still is, was video and audio recorded at that time. Now, it's done digitally, but at that time it was done to a CD.
Mr. Smith (01:03:20):
Okay. A DVR now?
Mark Lobel (01:03:21):
DVR, correct.
Mr. Smith (01:03:23):
And were Dale and Lisa Hunt's interviews audio and video recorded?
Mark Lobel (01:03:27):
Yes.
Mr. Smith (01:03:27):
May I approach the witness, Judge?
Speaker 2 (01:03:28):
You may.
Mr. Smith (01:03:35):
I want to show you two discs, State's Exhibit 32. We'll start with State's Exhibit 32. Do you recognize State's Exhibit 32?
Mark Lobel (01:03:42):
I do.
Mr. Smith (01:03:43):
And what is State's Exhibit 32?
Mark Lobel (01:03:45):
It's a DVR or a disc that is initialed and dated by me at the top, and it says on the front, "Dale Hunt, 11/13/17 PCSO, which stands for Pender County Sheriff's Office, and that'd be cognizant of the recorded interview with Mr. Hunt.
Mr. Smith (01:04:06):
Well, let me ask you, did that interview that's on this disc, has it been altered or edited in any way?
Mark Lobel (01:04:14):
No.
Mr. Smith (01:04:14):
All right. And will it assist in your testimony today?
Mark Lobel (01:04:18):
Yes.
Mr. Smith (01:04:19):
All right. Move to introduce State's Exhibit 32.
Speaker 2 (01:04:21):
Any objection?
Mr. Smith (01:04:23):
Full corroboration and/or imputable cooperation.
Speaker 2 (01:04:26):
All right. State's Exhibit 32 will be admitted into evidence.
Mr. Smith (01:04:30):
I'm going to show you State's Exhibit 33. Again, what is 33?
Mark Lobel (01:04:35):
It's another disc marked 33. At the top, it has my initials and date, and at the bottom it says, "Lisa Hunt, 11/13/17." Again, PCSO from Pender County Sheriff's Office, and be cognizant of our interview with Ms. Hunt at the Sheriff's office on November 13.
Mr. Smith (01:04:54):
Contains the full interview of Lisa Hunt on 11/13/2017?
Mark Lobel (01:04:58):
Yes.
Mr. Smith (01:04:58):
Move to introduce State's Exhibit 33 for cooperative or impeachment purposes.
Speaker 2 (01:05:02):
Any objection?
Speaker 3 (01:05:03):
No, sir.
Speaker 2 (01:05:06):
State's Exhibit 33 will be admitted into evidence.
Mr. Smith (01:05:09):
Judge, at this time, permission to publish State's Exhibit 32 and 33.
Speaker 2 (01:05:18):
You may.
Mr. Smith (01:05:18):
May we approach? May we approach, Judge?
Speaker 2 (01:05:18):
You may.
Speaker X (01:05:18):
[inaudible 01:05:47].
(01:05:18)
If we can take five minutes.
Speaker 2 (01:05:52):
Okay. All right, members of the jury, we're going to take a short five-minute break. Go ahead and close up your notebooks. Do not discuss this case amongst yourselves. Do not have any conversation with anyone else about this case. Do not have any contact with any of the parties, attorneys, or witnesses. Do not conduct any independent investigation or inquiry, and do not post online on any social media sites. We'll go ahead and excuse you for about five minutes.
Speaker 7 (01:06:21):
Thank you. Thank you, Your Honor. [inaudible 01:06:24].
Speaker 6 (01:06:21):
Judge, [inaudible 01:06:57].
Speaker 2 (01:06:58):
Thank you, sir. Let the record reflect that the jury has exited the courtroom. We have one bench conference. Mr. Smith informed me that there were going to be portions of the interviews that were being played that were going to be muted. And we agreed that Mr. Smith could announce the times on the disc of when they were going to be muted.
Mr. Smith (01:07:21):
I can do it now, Judge, since we are at break. Dale Hunt's interview, we're going to start it at two minutes, 22 seconds. Then we're going to mute at 10:35 to 10:55. We're going to mute it again at 11:35 to 12:00. Then at 15:52 to 16:24, we're going to mute it between those two times. Then we're going to mute it again at 18:40 to 18:50. Mute it again from 20:06 to 20:08. Then we'll stop it at 20:29. Then on Lisa's, we're muting it one time at 4:41 to five minutes, and then stopping it at 17:43.
Speaker 2 (01:08:12):
All right. Thank you. We'll go ahead and views these for the next five minutes. Sir, you may step down if you wish.
Mark Lobel (01:08:17):
Thank you.
Speaker 6 (01:08:19):
[inaudible 01:08:19] five minutes.
Speaker X (01:08:19):
[inaudible 01:08:25].
Mr. Britt (01:08:19):
All right.
Judge (01:13:52):
All right. Are you ready to proceed?
Mr. Britt (01:13:55):
Yes, sir.
Judge (01:13:57):
Okay. Anything we need to discuss, Mr. Britt?
Mr. Britt (01:13:58):
No, sir.
Judge (01:13:59):
Mr. Smith?
Mr. Smith (01:14:00):
No, Your Honor. All good.
Speaker 8 (01:14:02):
Yeah, I got you. Thank you, Your Honor.
Judge (01:14:03):
All right. Thank you, sir, for retaking the witness stand.
Speaker 8 (01:14:05):
Absolutely.
Judge (01:14:06):
Let's bring our jurors back in.
Bailiff (01:14:07):
Bring in the jury.
(01:14:07)
Jury is seated, Your Honor.
Judge (01:15:04):
Thank you, sir. Let the record reflect that the jury has reentered the courtroom. Mr. Smith, you may continue.
Mr. Smith (01:15:19):
Permission to publish State's Exhibit 32 with appropriate redactions, Your Honor.
Judge (01:15:25):
You may.
Video: Dale Hunt (01:15:25):
Hi.
Video: Detective Leatherwood (01:15:25):
I'm Detective Leatherwood, Pender County Sheriff's Office.
Video: Dale Hunt (01:15:25):
I think I've seen you before.
Video: Detective Leatherwood (01:15:25):
Might have seen each other. We could have.
Video: Dale Hunt (01:15:25):
Is it [inaudible 01:15:38]
Video: Detective Leatherwood (01:15:25):
Yeah.
Video: Dale Hunt (01:15:25):
[inaudible 01:15:40]
Video: Detective Leatherwood (01:15:42):
Okay, great. Great. Interviewed [inaudible 01:15:43]
Mr. Smith (01:15:47):
Judge, can we inquire with the jury to make sure they can hear?
Judge (01:15:51):
Members of the jury, if you're able to hear the video as it was played, please raise your hand.
(01:15:58)
All right. Let the record reflect that all hands have been raised.
(01:15:58)
Mr. Smith?
Mr. Smith (01:15:58):
Thank you, Your Honor.
Video: Detective Leatherwood (01:15:58):
And I want to start off, let you know... I don't think you know the conditions of Paitin [inaudible 01:15:59] so it's not good.
Video: Dale Hunt (01:15:58):
Well, sir, I'm not sure about any of [inaudible 01:15:59] find out when I see her.
Video: Detective Leatherwood (01:15:58):
Right. Well, there's a reason for that, and I think I explained that earlier.
Video: Dale Hunt (01:16:24):
Yes, sir, you did. [inaudible 01:16:26]
Video: Detective Leatherwood (01:16:29):
Okay. Her condition's not good at all. She's on life support, cannot breathe on her own.
Video: Dale Hunt (01:16:32):
So that means, like, she's in a coma [inaudible 01:16:36]
Video: Detective Leatherwood (01:16:32):
If they took her off life support, she would die.
Video: Dale Hunt (01:16:32):
Mm-hmm.
Video: Detective Leatherwood (01:16:46):
[inaudible 01:16:42] They're going to keep her on that till tomorrow.
Video: Dale Hunt (01:16:46):
They're going to keep her on it?
Video: Detective Leatherwood (01:16:54):
They're going to keep her on it and [inaudible 01:16:51] and basically that she has suffered, we don't know how much, but probably significant brain damage from lack of oxygen.
Video: Dale Hunt (01:16:59):
Well, I knew she went blue, you know, up in her face, but we rushed her down here.
Video: Detective Leatherwood (01:17:30):
I know. But she's on life support. [inaudible 01:17:31]-
Video: Dale Hunt (01:17:30):
I understand [inaudible 01:17:31]
Video: Detective Leatherwood (01:17:30):
Right.
Video: Dale Hunt (01:17:30):
... but that [inaudible 01:17:31] really smart.
Video: Detective Leatherwood (01:17:30):
Mm-hmm.
Video: Dale Hunt (01:17:30):
[inaudible 01:17:31] so damn small.
Video: Detective Leatherwood (01:17:30):
Mm-hmm.
Video: Dale Hunt (01:17:30):
And I just... I was going to [inaudible 01:17:31] you know what I mean?
Video: Detective Leatherwood (01:17:30):
Sure.
Video: Dale Hunt (01:17:30):
She's the one that's going to take care of [inaudible 01:17:31] that's what she always say. You know what I mean?
Video: Detective Leatherwood (01:17:30):
Mm-hmm.
Video: Dale Hunt (01:17:32):
She [inaudible 01:17:31] she's going to take care of it when she got older [inaudible 01:17:33]
Video: Detective Leatherwood (01:17:32):
Mm-hmm.
Video: Dale Hunt (01:17:32):
[inaudible 01:17:38]
Video: Detective Leatherwood (01:17:32):
[inaudible 01:17:38]
Video: Dale Hunt (01:17:37):
[inaudible 01:17:38] I mean by my son's coming. I remember [inaudible 01:17:50]
Video: Detective Leatherwood (01:17:50):
Well, that's why-
Video: Dale Hunt (01:17:51):
I don't think... My son didn't do it. I know. I love my boy. He did not do it.
Video: Detective Leatherwood (01:17:57):
Well, this is where we're at. I told you her condition. She's not going to be able to tell us anything, obviously.
Video: Dale Hunt (01:18:03):
[inaudible 01:18:06] the kids around this, but right now she can't do nothing.
Video: Detective Leatherwood (01:18:09):
Nothing. Nothing at all.
(01:18:13)
The experts, we see this all the time, me being one, this gentleman being another, the doctors, the surgeons that worked on her this morning. We got pictures. The marks around her neck are all the way around. Something was put around her neck to put her where she's at right now. There is no doubt about it.
Video: Dale Hunt (01:18:42):
It goes all the way around.
Video: Detective Leatherwood (01:18:42):
All the way around her neck. No doubt about it.
Video: Dale Hunt (01:18:42):
So that's why you took all the cords and everything from the house?
Video: Detective Leatherwood (01:18:42):
Exactly right.
Video: Dale Hunt (01:18:42):
Well, you should have took a drop [inaudible 01:18:43] She got drop cords with nothing on it. We got drop cords around our house too.
Video: Detective Leatherwood (01:18:42):
Well, I can understand that. [inaudible 01:18:47]
Video: Dale Hunt (01:18:42):
Do I need to bring them back to you or something?
Video: Detective Leatherwood (01:18:49):
We might go get them. I'll let you know. But I guess the point I'm trying to make, Mr. Hunt, that was done in her house, sometime during the night. No ifs, ands, or buts about it. Nobody snuck in. Nobody-
Video: Dale Hunt (01:19:05):
My dog wouldn't let anybody [inaudible 01:19:06] to my house.
Video: Detective Leatherwood (01:19:08):
You know that. You know that for a fact and I know it too. That's why they called me up and said, "Listen, we got to get something for the pit bull, we cannot go in that house." I said, "I understand. I'll take care of that." That's why we wanted to get the pit bulls put up. So you're a smart man. I know you've been around a long time. How old are you?
Video: Dale Hunt (01:19:25):
I've been around and I've been [inaudible 01:19:25]
Video: Detective Leatherwood (01:19:25):
How old are you?
Video: Dale Hunt (01:19:25):
I'm 50 years old.
Video: Detective Leatherwood (01:19:30):
I'm 68. We've done this a long time.
Video: Dale Hunt (01:19:33):
Yes, sir.
Video: Detective Leatherwood (01:19:33):
And somebody in that house did that to that child. And I'm going to tell you, it's either you or it's that man sitting out there. Because nobody snuck in that house and strangled that little girl. And that's what she got around her neck. It's not Savannah. I don't think she has physical capability of doing that.
Video: Dale Hunt (01:19:52):
No, no. She's not... That baby, they say she got alcohol syndrome, but she's smarter than me.
Video: Detective Leatherwood (01:19:57):
She might be.
Video: Dale Hunt (01:19:58):
[inaudible 01:19:58] smart. [inaudible 01:19:58] did she tell you [inaudible 01:20:01]
Video: Detective Leatherwood (01:19:58):
Sure.
Video: Dale Hunt (01:20:01):
And she goes, " No." So I know she didn't. She's scared right now, so no, [inaudible 01:20:16]
Video: Detective Leatherwood (01:20:17):
Now we are going to set her up with a meeting at the Carousel Center downtown [inaudible 01:20:19]
Video: Dale Hunt (01:20:18):
Yes, sir.
Video: Detective Leatherwood (01:20:18):
Okay. And that's going to be probably in a couple days. DSS is setting that up. The reason why you're sitting here in front of me right now is there's two males in that house that, one of them did it. It's you or your son. Stepdad or son. Understand what I'm saying?
Video: Dale Hunt (01:20:43):
I raised him since he's 18 years old.
Video: Detective Leatherwood (01:20:43):
18 months or 18 years?
Video: Dale Hunt (01:20:43):
18 months, sorry. 18 months.
Video: Detective Leatherwood (01:20:43):
18 months?
Video: Dale Hunt (01:20:43):
18 months. Big difference, man. That's why I'm trying to tell you [inaudible 01:20:45] 1970s.
Video: Detective Leatherwood (01:20:46):
I mean, you've told me some small conflicting issues here. I talked to the grandmom, your wife. She said he came in around 10:30, 11 o'clock, but you were sound asleep in bed. She was dozing off. He knocked on the door. She let him in, and she went back to bed.
Video: Dale Hunt (01:21:05):
And I heard the dog raising hell at a certain time of night-
Video: Detective Leatherwood (01:21:05):
That's right.
Video: Dale Hunt (01:21:05):
... and I figured it was [inaudible 01:21:10]
Video: Detective Leatherwood (01:21:10):
And you saw-
Video: Dale Hunt (01:21:11):
[inaudible 01:21:11] the damn cat or something. That dog will raise hell. [inaudible 01:21:15] I am sorry.
Video: Detective Lavelle (01:21:13):
No, you're good. You're good. No, you're good.
Video: Detective Leatherwood (01:21:27):
What I'm getting at is he's saying 8:30, 9:00, which, time does not make any difference to me because this happened during the night, period.
Video: Dale Hunt (01:21:32):
If it happened at night, why was she just starting to turn blue [inaudible 01:21:34] around 3:30 in the morning, though? That's why I'm [inaudible 01:21:37] make sense to me.
Video: Detective Leatherwood (01:21:43):
Which means it had to have happened somewhere around three o'clock. 2:30, three o'clock. It takes a lot of pressure to pull on someone's neck to leave marks like that.
Video: Dale Hunt (01:22:02):
When we left the house, there was... She had a little rash on her. There wasn't nothing there. And the picture you showed me, there wasn't nothing there when we was up there at the hospital.
Video: Detective Leatherwood (01:22:08):
Let me explain something to you about [inaudible 01:22:11]
Video: Dale Hunt (01:22:11):
I don't know how the hell it got there. It take a while for it to pop up or what?
Video: Detective Leatherwood (01:22:13):
Sometimes [inaudible 01:22:16]
Video: Dale Hunt (01:22:13):
[inaudible 01:22:16]
Video: Detective Leatherwood (01:22:17):
When you get hit, you don't bruise immediately.
Video: Dale Hunt (01:22:19):
Yeah.
Video: Detective Leatherwood (01:22:20):
It escalates as time goes on. Now, this is the picture I showed you about her neck. All right. I'm going to show you another picture of her neck.
Video: Dale Hunt (01:22:35):
Do you think my son did it?
Video: Detective Leatherwood (01:22:35):
Somebody did it in that house, either... How about the grandmom? Do you think she would've done that?
Video: Dale Hunt (01:22:35):
Hell no.
Video: Detective Leatherwood (01:22:42):
Okay. Did somebody sneak in your house?
Video: Dale Hunt (01:22:43):
No, [inaudible 01:22:45] allowed inside that house [inaudible 01:22:47]
Video: Detective Leatherwood (01:22:47):
Dude, what's his name? David? David?
Video: Dale Hunt (01:22:48):
And they wouldn't... Huh?
Video: Detective Leatherwood (01:22:48):
[inaudible 01:22:50]
Video: Dale Hunt (01:22:56):
He was raised [inaudible 01:22:51] that boy was raised here in Robeson County. [inaudible 01:22:55] about Robeson County. We take care of our own down there. You know what I mean? You give your life for your family. You don't take from your family unless you [inaudible 01:23:05]
Video: Detective Lavelle (01:23:03):
Mm-hmm.
Video: Dale Hunt (01:23:03):
You know what I mean?
Video: Detective Lavelle (01:23:03):
Take care of them. Sure.
Video: Dale Hunt (01:23:03):
[inaudible 01:23:05]
Video: Detective Leatherwood (01:23:03):
[inaudible 01:23:05] never been sick in her life.
Video: Dale Hunt (01:23:03):
She ain't never.
Video: Detective Leatherwood (01:23:03):
Never sick. What was [inaudible 01:23:05]
Video: Dale Hunt (01:23:03):
[inaudible 01:23:05]
Video: Detective Leatherwood (01:23:03):
She was having cold and a little bit of a flu yesterday, according to her mom.
Video: Dale Hunt (01:23:03):
[inaudible 01:23:05] all around that baby's neck.
Video: Detective Leatherwood (01:23:03):
Yes. That just didn't happen. It wasn't a bug bite. That wasn't her falling on the ground.
Video: Dale Hunt (01:23:03):
[inaudible 01:23:05]
Video: Detective Leatherwood (01:23:03):
Yep. So where we at? What are you thinking?
Video: Dale Hunt (01:23:03):
I'm finding out. [inaudible 01:23:05]
Video: Detective Leatherwood (01:23:03):
[inaudible 01:23:05] told me that.
Video: Dale Hunt (01:23:03):
You believe it.
Video: Detective Leatherwood (01:23:04):
If I even thought it was anything other than strangulation, I wouldn't be here emphasizing it as much as I am. I got surgeons, I got doctors telling me exactly what it is.
Video: Dale Hunt (01:23:09):
You can see that there mark around the back of her neck.
Video: Detective Leatherwood (01:23:09):
I know that. I know.
Video: Dale Hunt (01:23:09):
I ain't kidding, I [inaudible 01:24:40] There was nothing up there. It was like a little rash or something. No. Because I can see where y'all [inaudible 01:24:46] it wasn't making no sense to me. That little baby [inaudible 01:24:51] was still red, but a rash don't-
Video: Detective Leatherwood (01:25:45):
No, they don't do that. No. [inaudible 01:25:46] bug bite. [inaudible 01:25:46] That's where we're at.
Video: Detective Lavelle (01:25:46):
How well do you know his friend?
Video: Dale Hunt (01:25:47):
His friend, Jamie? He's a good kid. He's like one of the best friends he's got. Because Jamie's saying... We was there talking about where Jamie said he left David about nine o'clock. My wife said she didn't let him in the door till about 10:30 last night. But Jamie said he left last night at eight o'clock.
(01:25:55)
He said some old boy pulled up in the yard, and he called his name out. I don't know what he said, but [inaudible 01:26:05] down there. He called the boy's name out, and they talked out in the yard. And then Jamie left because David went in the house. Well, my wife said David did come in the house last night, about 10:30 last night.
Video: Detective Lavelle (01:26:11):
So he was out there [inaudible 01:26:20] with this other guy?
Video: Dale Hunt (01:26:20):
Well, I don't know, sir.
Video: Detective Leatherwood (01:26:20):
Does he drink?
Video: Dale Hunt (01:26:20):
Who, my son?
Video: Detective Leatherwood (01:26:20):
David.
Video: Dale Hunt (01:26:20):
Yes, sir.
Video: Detective Leatherwood (01:26:20):
I'm-
Video: Dale Hunt (01:26:20):
Yes, sir. Yes, sir, he does. He's a teenager. [inaudible 01:26:32]
Video: Detective Leatherwood (01:26:20):
Not many.
Video: Dale Hunt (01:26:38):
[inaudible 01:26:37] He don't do drugs and shit. If he does... No, I know he don't do drugs.
Video: Detective Leatherwood (01:26:42):
Anybody else that David brought in that you don't know about?
Video: Dale Hunt (01:26:45):
That's what you got to tell me about.
Video: Detective Leatherwood (01:26:46):
He said no. If he's covering for somebody, you need to find out for us.
Video: Dale Hunt (01:26:46):
I can find out.
Video: Detective Leatherwood (01:26:46):
[inaudible 01:26:46]
Video: Dale Hunt (01:26:46):
I got one way I'll find out. Oh, I can find out.
Video: Detective Leatherwood (01:26:46):
I'm going to tell you something else you going to be disturbed about. A rape kit was done on her.
Video: Dale Hunt (01:27:03):
When does that come back? Did it?
Video: Detective Leatherwood (01:27:05):
No, it won't come back for a while, but she has trauma down there, south, in her vaginal area. She has bruising and she has tearing. She's secreting fluid.
Video: Dale Hunt (01:27:22):
So you're telling me that my [inaudible 01:27:23] my fucking bed last night while somebody was raping my granddaughter [inaudible 01:27:23]
Video: Detective Leatherwood (01:27:23):
That's what it appears to be. They did a rape kit on her because she's secreting some fluids abnormally, not normal. They did a rape kit on her. That won't come back as proof until we find out. Now, in order to do that-
Video: Dale Hunt (01:27:34):
You got DNA?
Video: Detective Leatherwood (01:27:35):
We got DNA for you, and we got DNA swabs from him. Okay? But the examination that they did on her, the same nurse, which is a sexual... What'd she say? A sexual... So she's a nurse that specializes in that.
Video: Detective Lavelle (01:27:51):
Sexual assaults.
Video: Detective Leatherwood (01:27:52):
Yeah, sexual assault nurses. So I'm going to tell you that. It looks like she was [inaudible 01:28:00] sexually abused, as we speak. That's what we're showing right now. 100% strangulation, 100%. As far as the sexual abuse, she has trauma down here, at her age of five, she shouldn't have, and she had bruising.
Video: Dale Hunt (01:28:11):
[inaudible 01:28:14]
Video: Detective Leatherwood (01:28:15):
Huh?
Video: Dale Hunt (01:28:16):
She shouldn't be [inaudible 01:28:17] The only time I touch is when I got to wipe her ass. Well, that was last week. She [inaudible 01:28:23]
Video: Detective Leatherwood (01:28:20):
Right.
Video: Dale Hunt (01:28:24):
But last week I had to do it because my wife was up... Just right out here in Black Water right there.
Video: Detective Leatherwood (01:28:33):
Mm-hmm.
Video: Dale Hunt (01:28:34):
You know Black Water? [inaudible 01:28:37] that's her. The one right beside it, the old folks home. Anyway, my mother-in-law was up there. So I watched out for my grandbaby last week.
Video: Detective Leatherwood (01:28:44):
Mm-hmm.
Video: Dale Hunt (01:28:49):
No, a week before last, I'm sorry. The week before last. Before last week. Before that. And I had to wipe her butt a couple times. [inaudible 01:28:54] I don't even like wiping my own ass, [inaudible 01:28:57]
Video: Detective Leatherwood (01:29:04):
I'm just letting you know what we are suspecting, what the doctors up there are suspecting, to go along with the strangulation, there could be some sexual abuse also. We'll get a rape kit. We'll be sending that out, and that's where we stand.
Video: Detective Lavelle (01:29:09):
Does it seem right this way?
Video: Dale Hunt (01:29:09):
[inaudible 01:29:53] Something ain't right.
Video: Detective Leatherwood (01:29:09):
No.
Video: Dale Hunt (01:30:11):
And I'm going to get to the bottom of it. I guarantee you I will, boss. You can trust on that. I'm going to take care of this [inaudible 01:30:07] And you can bet on that. That's my baby. Me and my wife spent a lot of money to get that baby so she ain't hurt. And she's hurt. My fucking [inaudible 01:30:17] that's bullshit [inaudible 01:30:20] ain't nothing ever happened to him. Like I been telling you, like I told you, between him and [inaudible 01:30:29] him, my daughter, and the two granddaughters, I can't count five times, how many times their asses spanked.
Video: Detective Lavelle (01:30:30):
Somebody [inaudible 01:30:32] something.
Video: Dale Hunt (01:30:30):
They going to know-
Video: Detective Leatherwood (01:30:30):
And you're going to tell me.
Video: Dale Hunt (01:30:31):
They going to tell me something. Or he going to start finding some... [inaudible 01:30:32] but I will [inaudible 01:30:32] Man, I don't know how to say this.
Video: Detective Leatherwood (01:30:32):
Just try to find out.
Video: Dale Hunt (01:30:32):
Yes, sir. Let's work together on this.
Video: Detective Leatherwood (01:30:56):
We'll work together. That's what we want. We got to work together for Paitin.
Video: Dale Hunt (01:31:00):
But y'all don't want... See, y'all just going to put the son of a bitch in the jail [inaudible 01:31:04] y'all put the motherfucker in jail and then let him out goddamn couple years from now, so he can do it to somebody else's youngin.
Video: Detective Leatherwood (01:31:07):
[inaudible 01:31:08]
Video: Dale Hunt (01:31:07):
You know what I mean? I see [inaudible 01:31:08] son of a bitch goes there, [inaudible 01:31:08] he's out five, six years [inaudible 01:31:28]
Video: Detective Lavelle (01:31:27):
Depends, but-
Video: Dale Hunt (01:31:27):
The best place for a son of a bitch like that is six foot underground. And you know and I know it. Because the next youngin will die.
Video: Detective Lavelle (01:31:32):
We need to figure out what happened and why it happened.
Video: Dale Hunt (01:31:35):
Well, I mean-
Video: Detective Lavelle (01:31:36):
That's what we need to figure out first.
Video: Dale Hunt (01:31:36):
No, we'll find out what happened. [inaudible 01:31:41] for that youngin. And then Pop's going to take care of it.
Video: Detective Lavelle (01:31:55):
You got to let us know what's going on.
Video: Detective Leatherwood (01:31:56):
Do you have my cell phone?
Video: Dale Hunt (01:32:01):
Yes, sir. I think you wrote it down on your [inaudible 01:32:02] card. Yeah, man [inaudible 01:32:03]
Video: Detective Leatherwood (01:32:03):
Okay. Call me anytime, day or night. Okay? [inaudible 01:32:07]
Video: Dale Hunt (01:32:04):
[inaudible 01:32:19]
Video: Detective Leatherwood (01:32:04):
[inaudible 01:32:20]
Video: Detective Lavelle (01:32:04):
Well, [inaudible 01:32:21] explain what's... And don't go too much into it, they explained things in the hospital [inaudible 01:32:26]
Video: Dale Hunt (01:32:04):
If she asked me, [inaudible 01:32:29] I'm not one of those kind of persons.
Video: Detective Lavelle (01:32:04):
I get that.
Video: Dale Hunt (01:32:04):
My daddy's always [inaudible 01:32:37] and I just never learn how to lie. I'm not good at it, so I don't do it.
Video: Detective Lavelle (01:32:04):
[inaudible 01:32:42]
Video: Dale Hunt (01:33:05):
You know what I mean? I don't do it. I raised him the same way. Work. Be an honest man. [inaudible 01:32:52] like I told [inaudible 01:32:55] I'm bad at lying, so I'm either going to [inaudible 01:32:57] Napoleon complex. I took care of my business. Ain't nobody [inaudible 01:33:07] I took care of mine, and I know how to take care of [inaudible 01:33:15]
Video: Detective Leatherwood (01:33:19):
Okay, sir. Please call me.
Video: Dale Hunt (01:33:19):
I will.
Video: Detective Leatherwood (01:33:23):
Day or night. Okay? And I'll keep you updated on Paitin. I'm going to go see her on the way home, and I'll go see her tomorrow morning, and I'll probably see her tomorrow afternoon. And I'll keep seeing her.
Video: Dale Hunt (01:33:35):
Okay. When she wakes up, you can just let her know that [inaudible 01:33:38]
Video: Detective Leatherwood (01:33:36):
I will.
Video: Dale Hunt (01:33:39):
She likes... Could you write that down? She likes [inaudible 01:33:40] and I call her Paitin sometimes, and she goes, [inaudible 01:33:46]
Video: Detective Leatherwood (01:33:43):
I'll tell the nursing staff to make sure they call her that too.
Video: Dale Hunt (01:33:43):
Okay.
Video: Detective Leatherwood (01:33:43):
Yeah.
Video: Dale Hunt (01:33:43):
Think she will respond with [inaudible 01:33:53] a lot better than she will Paitin.
Video: Detective Leatherwood (01:33:43):
Okay, good. All right.
Mr. Smith (01:34:05):
Judge, at this time, the State asks to publish State's Exhibit 33.
Judge (01:34:10):
You may.
Video: Detective Leatherwood (01:35:39):
Okay. [inaudible 01:35:27] I'm Detective Leatherwood, Pender County Sheriff's Office. This is Detective Lavelle. He's working with me. Obviously, we're in an investigation stage for Paitin. I already spoke to Dale, and I already spoke to David. Do you know her condition?
Video: Lisa Hunt (01:35:55):
She's [inaudible 01:35:56] to a ventilator. They said if she makes it 24 hours, we may be okay. But she might be [inaudible 01:35:57] because she went without air four to five minutes.
Video: Detective Leatherwood (01:35:58):
Okay. So you-
Video: Lisa Hunt (01:36:08):
And when I picked her up, she was rattling. Because I'm the one that found her. I'm the one that picked her up off that kitchen [inaudible 01:36:15]
Video: Detective Leatherwood (01:36:09):
[inaudible 01:36:16]
Video: Lisa Hunt (01:36:16):
Because she was seizing. Her eyes were rolled back in her head. And as soon as she wasn't seizing, she was gone. But the TV was [inaudible 01:36:25] and that's what woke me up to begin with. The TV. And Savannah gets bad about her sister about getting [inaudible 01:36:31] the TV.
Video: Detective Leatherwood (01:36:25):
Yeah.
Video: Lisa Hunt (01:36:35):
And that's what woke me up.
Video: Detective Leatherwood (01:36:40):
At five o'clock this morning?
Video: Lisa Hunt (01:36:40):
No, this was 3:15.
Video: Detective Leatherwood (01:36:40):
3:15.
Video: Lisa Hunt (01:36:40):
Because [inaudible 01:36:41] the hospital about 4:00.
Video: Detective Leatherwood (01:36:40):
Okay.
Video: Lisa Hunt (01:36:45):
Because [inaudible 01:36:42] David finally got home. David was home, I ran out the house and David was trying to... Because he's [inaudible 01:36:50] I have seizures, so... I didn't see anything. She was in her underwear because that's what she does at night. She takes her, her and her sister both will take their pajamas off and they will sleep right here in their panties. They always have.
Video: Detective Leatherwood (01:37:01):
Right. Okay. Well, we [inaudible 01:37:11] We received [inaudible 01:37:15] some more pictures of Paitin because, obviously, she was strangled.
Video: Lisa Hunt (01:37:19):
And that's what they told me at the hospital, because...
Video: Detective Leatherwood (01:37:27):
It's 100%. I mean, it is a possibility she was sexually assaulted too.
Video: Lisa Hunt (01:37:28):
That's what they told me.
Video: Detective Leatherwood (01:37:28):
Okay. I just want to make sure I'm upfront with you. [inaudible 01:37:33] so I don't forget it.
Video: Lisa Hunt (01:37:37):
They also said that there's times that they did too when they're out of [inaudible 01:37:49] the theory is... I understand [inaudible 01:37:49]
Video: Detective Leatherwood (01:37:49):
So her mom's up there with her?
Video: Lisa Hunt (01:37:49):
No, her mom's there because they said they couldn't keep somebody around around the clock. So she's basically a nurse.
Video: Detective Leatherwood (01:37:51):
Okay.
Video: Lisa Hunt (01:37:51):
We're going to get the sister now, and then they're going back to [inaudible 01:38:09]
Video: Detective Leatherwood (01:38:09):
Her sister is Savannah?
Video: Lisa Hunt (01:38:09):
Mm-hmm.
Video: Detective Leatherwood (01:38:09):
Okay.
Video: Lisa Hunt (01:38:09):
And I told her that's probably the best we can do is go back to [inaudible 01:38:10] I don't know.
Video: Detective Leatherwood (01:38:12):
Well, this is where we stand. Right now, there's no doubt that she was strangled. No absolute doubt about that.
Video: Lisa Hunt (01:38:22):
Mm-hmm.
Video: Detective Leatherwood (01:38:22):
Well, that's why we're here. I know you're devastated.
Video: Lisa Hunt (01:38:23):
[inaudible 01:38:28] her.
Video: Detective Leatherwood (01:38:23):
I know you did.
Video: Lisa Hunt (01:38:23):
[inaudible 01:38:31]
Video: Detective Leatherwood (01:38:23):
I know you did.
Video: Lisa Hunt (01:38:36):
I got her when she was three years old because I was scared. Her mom wasn't messing with most safest people at the time. Her daddy was on drugs [inaudible 01:38:43] because I was scared somebody was going to hurt her like that.
Video: Detective Leatherwood (01:38:40):
Mm-hmm.
Video: Lisa Hunt (01:38:40):
[inaudible 01:38:48] my house.
Video: Detective Leatherwood (01:38:40):
Yeah.
Video: Lisa Hunt (01:38:40):
[inaudible 01:38:51] my house.
Video: Detective Leatherwood (01:39:07):
Mm-hmm. So [inaudible 01:38:57] we don't know [inaudible 01:39:02] It's either one or two of them that did this, unless they come up with some other suggestion that says somebody stuck in the house. Unless David would come up and say, "Hey, my friend was over and did this." Or whatever. But right now, we're not finding anything other than the fact that the people sleeping in that house were you, David, Dale, Savannah, and of course Paitin. And we know Savannah didn't do it. I don't think she has the ability to do that. So the only two could do it are Dale and David.
Video: Lisa Hunt (01:39:26):
My husband was in bed with me all night.
Video: Detective Leatherwood (01:39:26):
So what are your thoughts? [inaudible 01:39:27]
Video: Lisa Hunt (01:39:26):
[inaudible 01:39:27]
Video: Detective Leatherwood (01:39:26):
[inaudible 01:39:27]
Video: Lisa Hunt (01:39:27):
Because they were out in the yard last night. Jamie left. I know what time that Jamie left, because I told Jamie after he left.
Video: Detective Leatherwood (01:40:22):
When did Jamie leave?
Video: Lisa Hunt (01:40:22):
Jamie left about nine o'clock.
Video: Detective Leatherwood (01:40:22):
Okay.
Video: Lisa Hunt (01:40:37):
About nine o'clock, because I had [inaudible 01:40:25] a text, "Was David with you?" And he said no. And I heard a vehicle out there. Excuse me. I'm from Robeson County, and I've always raised my children the way I was raised. You don't snitch on [inaudible 01:40:39] Now, unless someone [inaudible 01:40:46] somebody, I don't know. I really don't.
Video: Detective Lavelle (01:40:51):
Did you hear somebody come to the house [inaudible 01:40:53]
Video: Lisa Hunt (01:41:00):
I take seizure medication, and when I take my medicine at night, I'm usually-
Video: Detective Lavelle (01:41:02):
Done.
Video: Lisa Hunt (01:41:02):
... done, yeah, till about 2:00 or 3:00, and then I wake up. You know, it's... David's been around these children all his life and never harmed them. That's why I don't understand. I really don't.
Video: Detective Leatherwood (01:41:27):
Exactly.
Video: Lisa Hunt (01:41:27):
David's not been messing [inaudible 01:41:28] characters either. That's why he's been gone.
Video: Detective Lavelle (01:41:27):
What do you mean, "That's why he's been gone"?
Video: Lisa Hunt (01:41:30):
Well, he moved out. He was [inaudible 01:41:30] moved out because I'm not going to put up with somebody that disrespects me in my house. And so they left. And he called me Friday night, and they had broke up, and it was his birthday. And I said, "Well, I'll come get you." And I brought him home and fed him.
(01:41:45)
He got his birthday presents, and we went Saturday to Lumberton to my mom. She'd been with me until... [inaudible 01:42:04] I can't remember. [inaudible 01:42:04] Sunday night. And Saturday night and Sunday, I wasn't feeling good, Paitin [inaudible 01:42:08] sick, Savannah was sick. So me and David and Savannah went to town and got them some medications. Remember I told you, I've never [inaudible 01:42:14] Dimetapp. You know [inaudible 01:42:17] myself because I gave her Dimetapp and it said six, and she's only five and a half.
Video: Detective Lavelle (01:42:11):
[inaudible 01:42:22]
Video: Lisa Hunt (01:42:35):
[inaudible 01:42:23] never gave her them chewables before. [inaudible 01:42:27] chewable ones [inaudible 01:42:28] I only gave her one because of the Dimetapp. And she slept all afternoon, I knew she felt bad, and she got up and she was feeling a little better. She never would drink anything. She never would eat, because she said she don't... And I tried to get her to drink some ginger ale, and then her sister went to sleep on the couch, and I told her, [inaudible 01:42:50]
(01:42:56)
When I got up this morning, Paitin was here, she was pissing, sitting up. And she was peeing all over me. It was just the smell of the urine. And her eyes were rolled back in her head [inaudible 01:43:11] and that's all. [inaudible 01:43:16]
Video: Detective Lavelle (01:43:03):
Take me back to Saturday. Saturday, you went out.
Video: Lisa Hunt (01:43:03):
Went to my mother's.
Video: Detective Lavelle (01:43:03):
Okay.
Video: Lisa Hunt (01:43:03):
Went to my mother's [inaudible 01:43:26] I spent three nights at the hospital with her. The babies were fine, getting up and going to school [inaudible 01:43:43]
Video: Detective Lavelle (01:43:03):
Was Dale with David?
Video: Lisa Hunt (01:43:03):
Dale was with us.
Video: Detective Lavelle (01:43:03):
Okay.
Video: Lisa Hunt (01:43:03):
And I got [inaudible 01:44:03]
Video: Detective Lavelle (01:43:03):
All right, keep going.
Video: Lisa Hunt (01:44:14):
We went home, we did some work, then he left. [inaudible 01:44:13] I drove my mom's truck home because I'd had her truck while she'd been sick, and I had left it [inaudible 01:44:18] Friday and I went back Saturday. And David got home [inaudible 01:44:23] and everything was... We went back to bed. Everything was fine. And I got up Sunday morning, early, but [inaudible 01:44:30] was not feeling good, so [inaudible 01:44:32] Savannah has a really deep cough. They both had had a really, really deep [inaudible 01:44:36] cough.
(01:44:37)
And so I said, "We're not going to church. Going to stay at home." Because we had church at First Baptist [inaudible 01:44:43] And later on, I told David [inaudible 01:44:48] sleeping and if she was feeling better [inaudible 01:44:49] half a dose. I gave her that, and she was asleep, and Dad was in his bedroom, he was asleep, taking a nap. So we went and got it, went to the Walgreens-
Speaker 9 (01:45:00):
We're taking a nap. So we got it and went to the Walgreens and got us medication. We bought some groceries and then I come home. And I take my daughter, and that's when I gave her some of the medicine. And she went right back out. But I know she's not been going to the potty like she was supposed which I figured because she's not eating. But they took her to the hospital this morning, because she was in that poor season. And I know David said he stuck his finger down her throat to pull her to the back.
(01:45:26)
She pooped all over because it was all over her and I know he was hiding him.
Speaker 10 (01:45:41):
The thing you're saying last night, ma'am. What happens last night with David?
Speaker 9 (01:45:52):
David goes with Jamie. Just hang out with Jamie outside. I'm guessing it was outside. I never getting outside. I'm in my house. I'm in my house. It was cold and I want warm. I heard Dave. I heard Jamie's car. And then I heard another vehicle. I'm not sure what it was. I said I don't know. He said, I don't know if I was kidding. I said, I don't know.
Speaker 10 (01:46:14):
Was the other vehicle there when Jamie was still there? Did you hear the car or Jamie had already left?
Speaker 9 (01:46:20):
I don't know which that one was, but I was like, I cant remember which one it was.
Speaker 10 (01:46:21):
But Jamie was the other person who came to the house.
Speaker 9 (01:46:21):
Mm-hmm.
Speaker 10 (01:46:21):
Okay.
Speaker 9 (01:46:21):
And when the phone rang, I got up and I hollered at the door, David, you got the house. I want to make sure you bring it in because this is a set that I just got from my mother-in-law. And he said I will. And then I heard Jamie leave. So I got to the door and I called him. David, I didn't see nobody. We didn't know who's here, and I asked him. And so I went back in, I texted Jamie is David with you? He said no. I said, okay. That was my father.
Speaker 10 (01:46:48):
What time was that?
Speaker 9 (01:47:01):
That was 9:00. It wasn't 15, 20, maybe 30 minutes later, David knocked on the door. The dog started barking. I let David in. He goes to his room. He said, Mom, I'm tired. He went to his room. The door was shut. He takes his dog in there. He has a white dog, a very typical fellow. And he's my lovely dog. He's been shot three times and run over twice. He's taken a dog. But anyway, I went to bed.
Speaker 10 (01:47:29):
When you went and let David in?
Speaker 9 (01:47:30):
Mm-hmm. Peyton was in my bed and she was asleep.
Speaker 10 (01:47:33):
In your bed?
Speaker 9 (01:47:35):
In my bed. So I got her up and put her on the couch with her sister. And Savanna was still halfway awake and I told Sam to go to sleep. And like I said, she was at this end. When I got up this morning, she was sitting up at this end.
(01:47:52)
Like I said, she was seizing and I went home for help and I dialed 911, but they went out the door. They gave me a wet handkerchief, and I said, of courses. I was asking Savannah what happened, Savannah, what happened? She told me she says, Papa, Peyton's acting crazy. Did you hear the dogs go crazy during the night?
Speaker 10 (01:48:16):
After that day.
Speaker 9 (01:48:23):
Well, a couple times I had to. A couple times, but I have, not really crazy crazy, but I have a fox or whatever. They come up out there in the yard. And so that's what I took it as that and that's the only way I knew it. You supposed to feel safe in your home with your children. You're not supposed to-
Speaker 10 (01:48:36):
Did you look at the clock and see what time it was?
Speaker 9 (01:48:41):
Okay. I had a cell phone and if I pick it up, I'm going to stay because I'm going to get on it and I'm going to mess around with it, and I don't want it, and binge on it, and ,oh Lord.
Speaker 10 (01:48:55):
How many times during the middle of the night from when David came home did you hear the dogs go off? More than once?
Speaker 9 (01:48:56):
Just once is all I can tell you. Like I said, I tell you, with Keppel, when I take it within 30 minutes, it's kind of got me pretty groggy because it relaxes me.
Speaker 10 (01:49:09):
Do the dogs go crazy? I mean, like my dogs, I know how my dogs react. So whether it's somebody that comes to the door or somebody's coming in and the dog's actively, it's locked outside. So I know~ there was something outside. Animal, cat, dogs, whatever.
(01:49:29)
So it wasn't the same kind of barking when somebody got there?
Speaker 9 (01:49:29):
No.
Speaker 10 (01:49:30):
If somebody's coming up to visit Dave, would the dog still go crazy all the time?
Speaker 9 (01:49:36):
If they know, unless he lets them in the bedroom.
Speaker 10 (01:49:42):
Why would he let anybody through the bedroom window?
Speaker 9 (01:49:45):
Well, I mean he's a teenager. I probably never would have had to made him caught the devil with him. I had to move his arm to the bathroom. He couldn't. It was just neighborhood of kids goofing off, sneaking out at night. I just said, Dave, whatever. But Smokey didn't go off, and Smokey was in the room with him. The black dog, not the white dog. No, Smokey's up. No. I just want to see him.
Speaker 10 (01:49:46):
Somebody did.
Speaker 9 (01:49:46):
So, I'm not eating. I'm not doing that. I just don't have anything.
Speaker 10 (01:49:46):
Well, we'll go to the kennel.
Speaker 9 (01:49:46):
I mean I said she was safe, and then she was kicking her feer. I was walking back down here.
Speaker 10 (01:49:46):
We'll, when you say, when that happens to Dave, husband was still in bed that night, right?
Speaker 9 (01:49:46):
Yes.
Speaker 10 (01:49:46):
Yes, he jumped up.
Speaker 9 (01:49:46):
And he was dead would I say?
Speaker 10 (01:49:46):
Well, not quite asleep. He and I were just talking and we were like wake up.
Speaker 9 (01:49:46):
Is that the time you normally get up?
Speaker 10 (01:51:09):
Yeah, because the alarm goes off at four, but sometimes it's three because he has to be at work between 5:30 and 4:06 at Stanfield, at the platform. So yeah, I've always said before that when we can drink our coffee, we can talk, we can plan our day, and get him off and I can get up, get a big friend and get him on the bus. The bus at 6:25 in the morning because she drives from there. She's in special ed. And I'm home.
(01:51:34)
Peyton gets on at seven o'clock.
Speaker 9 (01:51:37):
What school does Peyton?
Speaker 10 (01:51:37):
Cleveland.
Speaker 9 (01:51:44):
And when you went out and you found Peyton seizing, where did David come from?
Speaker 10 (01:51:44):
His patient home.
Speaker 9 (01:51:50):
Did he seem like he was wide awake or did he seem like-
Speaker 10 (01:51:52):
He was kind of drunk, like he'd been asleep. But I'm panicking, and I'm not ready. I'm not ready for him. So honestly I cannot answer whether he was wide awake or he was drunk. Honestly, I can't answer that.
Speaker 9 (01:52:06):
Okay.
Speaker 10 (01:52:08):
The only reason why I know my husband because I was in the bed with him. And it's not Peyton that I should have known too, but I know that's not what we were trying to break up, and sleep with. She's 12 years old.
Speaker 9 (01:52:24):
Do you work? Do you work?
Speaker 10 (01:52:25):
No, I'm disabled. I got in a car wreck and I have seizures and bad back and I haven't worked since 2004. Social security disability. Okay.
Speaker 12 (01:52:51):
I don't have any further questions, Judge.
Speaker 13 (01:52:52):
Cross examination?
Speaker 11 (01:53:00):
Detective, you participated in interviews?
Speaker 9 (01:53:05):
Yes, sir.
Speaker 11 (01:53:08):
How many interviews other than the two that we've seen thus far? Did you interview other people?
Speaker 9 (01:53:16):
Other than the two that we just viewed? Yes, sir.
Speaker 11 (01:53:18):
Who did you interview today?
Speaker 9 (01:53:19):
Your client.
Speaker 11 (01:53:21):
How many times did you interview him?
Speaker 9 (01:53:26):
Twice.
Speaker 11 (01:53:28):
Were they both at the Sheriff's Department?
Speaker 9 (01:53:31):
Yes.
Speaker 11 (01:53:52):
All right. Thank you. I don't have any other questions.
Speaker 13 (01:53:54):
Any redirect?
Speaker 11 (01:53:55):
No, Your Honor.
Speaker 13 (01:53:55):
Is this witness subject to recall?
Speaker 11 (01:53:57):
No, Judge.
Speaker 13 (01:53:58):
On behalf of the defense?
Speaker 14 (01:54:00):
No, sir.
Speaker 13 (01:54:01):
Okay. Sir, at this time you're released from your obligations of your subpoena. You may step down. You're free to go.
Speaker 9 (01:54:05):
Thank you, your honor.
Speaker 13 (01:54:19):
All right, members of the jury, we're going to go ahead and break for lunch. Go ahead and close up your notebooks. I just want to address something with you all just really quick. Last Friday, I think there was a question directed at the bailiff, and so I wanted to address that with you. Members of the jury, as the evidence is presented to you in the exercise of my discretion, you are not allowed to ask any questions, whether of the witnesses or of the bailiffs regarding the evidence. Anything that concerns your personal welfare, you may bring to the bailiffs, or if there are any violations of the restrictions I've placed upon you, you may bring to the bailiffs. But you are to receive the evidence as it is presented to you without questions or comments.
(01:55:09)
All right? So as you go to lunch, remember the restrictions I placed upon you. Do not have any conversations amongst yourselves. Do not allow anybody else to discuss this case within your presence. Do not have any contact with any of the parties, attorneys, or witnesses. Do not conduct any independent investigation or inquiry. And do not post on any social media sites regarding your experience as a juror. So this time, we'll go ahead and excuse you. We will reconvene again at 2:00 PM. Thank you.
Speaker 11 (01:55:39):
Thank you, Your Honor mentioning all those.
Speaker 15 (02:20:00):
(silence)
Speaker 17 (02:20:00):
(Silence). [inaudible 03:24:43]. Okay.
Speaker 18 (02:20:00):
[inaudible 03:25:00].
Judge (03:25:14):
All right, you ready to proceed?
Speaker 16 (03:25:16):
We are, Judge. We have one matter to bring before Your Honor before we bring the jury in. There was a question or we've discussed our next witness is Savannah Fields, a minor. We discussed that we would exclude her from the broadcast. However, we think that broadcasting audio would be okay, but not video.
Judge (03:25:38):
Okay. Anything you want to say regarding that, Mr. Brigg?
Mr. Brigg (03:25:42):
No, sir.
Judge (03:26:03):
How old is she now?
Speaker 16 (03:26:03):
16.
Judge (03:26:04):
A bit of a change in circumstance. Can you share with me particular reasons?
Speaker 16 (03:26:19):
Judge, it was the individual from Court TV asked when we said we would not like to video her. He said, "What about audio?" And we were thinking about it. I mean, we're trying to protect a witness, but protect her image from going all over the internet. I mean, we could say her voice too, if you're not inclined to allow that, Judge, we're all right with it. However, it's hard to identify her by her voice, I would say.
Judge (03:26:53):
I had initially informed Court TV personnel that I wasn't going to allow her voice.
Speaker 16 (03:26:59):
All right, then that's fine [inaudible 03:27:00].
Judge (03:27:02):
Any particular reason why you think that it should be broadcast?
Speaker 16 (03:27:06):
No.
Judge (03:27:07):
Okay. All right. I think that my initial inclination, I think I'd rather stick with that.
Speaker 16 (03:27:19):
That's fine.
Judge (03:27:19):
No voice, no video for her testimony.
Speaker 16 (03:27:23):
Fine.
Judge (03:27:25):
I feel a lot better about that.
Speaker 16 (03:27:26):
That's fine, Judge.
Judge (03:27:27):
Okay. And so you said that she is next?
Speaker 16 (03:27:29):
She's next.
Judge (03:27:30):
Okay. All right. So as far as Court TV personnel is concerned, I think that we had discussed having the camera in an upward angle and that the audio be off prior to her entering into the courtroom. All right. Anything else on behalf of the state?
Speaker 16 (03:27:49):
No, Your Honor.
Judge (03:27:50):
On behalf of the defense?
Mr. Brigg (03:27:52):
No, sir.
Judge (03:27:53):
Okay. Let's bring our jury in. (Silence).
Speaker 19 (03:30:00):
(silence)
Judge (04:17:15):
Place your left hand on the Bible, raise your right hand.
Clerk (04:17:16):
Do you solemnly swear that the testimony you give in court today will be the truth, the whole truth, nothing but the truth, so help you God?
Daniel Wells (04:17:22):
I do.
Clerk (04:17:22):
Thank you. You may be seated.
Judge (04:17:32):
Sir, as you give your testimony here today, please make sure to speak loudly and clearly, especially into the microphone. That way everybody can hear you. Please make sure all of your answers are out loud. No head shakes or nods. Everything has to be yes or no. And please wait for the attorney to be done asking their question before you give a response. Can you do that?
Daniel Wells (04:17:49):
Yes, sir.
Judge (04:17:50):
Thank you, sir. State, you may proceed.
State's Attorney (04:17:54):
Thank you.
(04:17:56)
Lieutenant Wells, can you state your name... Excuse me. Can you state your name and occupation for the jury, please?
Daniel Wells (04:18:01):
Yes, sir. I'm Lieutenant Daniel L. Wells. Lieutenant with the Sheriff's Office in Pender County.
State's Attorney (04:18:08):
How long have you been with the Pender County Sheriff's Office?
Daniel Wells (04:18:10):
Since August of 1997.
State's Attorney (04:18:13):
And prior to joining the Pender County Sheriff's Office, were you sworn with any other agencies?
Daniel Wells (04:18:18):
Yes, sir.
State's Attorney (04:18:19):
Which agencies?
Daniel Wells (04:18:21):
The North Carolina Department of Corrections and the Burgaw Police Department.
State's Attorney (04:18:26):
Since joining the Pender County Sheriff's Office in 1997, what were some of your duties and responsibilities?
Daniel Wells (04:18:34):
I'd say initially a patrol officer. I responded calls, took reports. In 1999, I was promoted to detective. I've been a detective ever since.
State's Attorney (04:18:45):
And what kind of detective? Is Pender County broken down into specific areas or general detectives or what?
Daniel Wells (04:18:57):
It has varied over the years. We had basically general detectives that check or investigate most every crime except for sexual assaults. At one point, they did have a domestic violence investigator's position. I have always been one of the general investigators that deal with everything other than sexual assault cases.
State's Attorney (04:19:17):
And as to crime scene investigations, does Pender County Sheriff's Office have a crime scene investigator?
Daniel Wells (04:19:25):
We do now. Yes, sir.
State's Attorney (04:19:27):
And have you also done crime scene investigations?
Daniel Wells (04:19:31):
Yes, sir.
State's Attorney (04:19:31):
And explain to the jury what crime scene investigations does.
Daniel Wells (04:19:37):
Crime scene investigators, whether they're sworn officers or civilian employees or individuals that you receive training on how you go to certain scenes or get called to scenes, your main job is to document by photograph, the main one, collect items of evidence or items that could be used as evidence, document all of that, and maintain custody and control of those until you turn them over to the property and evidence room.
State's Attorney (04:20:09):
And in November 13 timeframe, November 13 and in the next days after, what were your duties and responsibilities with the Pender County Sheriff's Office?
Daniel Wells (04:20:22):
At that time, I was in the same position I am now. I'm the lieutenant over crime scene investigation and the property and evidence room. I also assisted in the crime scene processing on this case.
State's Attorney (04:20:35):
And obviously you're referring to this case, the investigation behind Paitin Fields's murder. What were your assigned tasks for this particular case?
Daniel Wells (04:20:49):
In this particular case, I had initially received a call from Detective Leatherwood. He advised me basically what he had at that time where he was taken down with the hospital in New Hanover County. He requested that I come out and assist by going to our office, go ahead and get prepared to start a search warrant because we knew we were going to end up having to have one when we went to the residence.
State's Attorney (04:21:12):
Did you do that?
Daniel Wells (04:21:13):
Yes, sir. I did.
State's Attorney (04:21:14):
And did you end up going out to the residence?
Daniel Wells (04:21:17):
Yes, sir. I did.
State's Attorney (04:21:18):
And where was that?
Daniel Wells (04:21:20):
104 Blackwater Drive. So Highway 117 North going toward Wallace.
State's Attorney (04:21:26):
Approximately how far from 104 Blackwater Drive are we now?
Daniel Wells (04:21:35):
About nine, nine and a half miles.
State's Attorney (04:21:39):
And you said you prepared a search warrant?
Daniel Wells (04:21:43):
Yes, sir.
State's Attorney (04:21:43):
And, excuse me, at what time did you execute that search warrant?
Daniel Wells (04:21:47):
I don't remember exactly what time it was.
State's Attorney (04:21:53):
Was it in the morning time?
Daniel Wells (04:21:53):
I want to say it was toward lunch or hereafter. By the time we got all the information, they had the warrant signed and responded to the scene.
State's Attorney (04:22:04):
Okay. And when you got out there, what did you observe when you got out there?
Daniel Wells (04:22:12):
When I arrived, there were already some units there just maintaining the residence because they knew we were coming with a warrant. When we arrived, there was nobody from the family actually there. We didn't want to have to break the door in, so we were trying to contact Detective Leatherwood. We're trying to figure out was anybody coming? Did anybody have access to a key? He advised that there were some subjects coming to the residence and they should have been there in a few minutes, so we waited around for them to get there and they did eventually arrive.
State's Attorney (04:22:44):
And who arrived?
Daniel Wells (04:22:48):
The defendant, Mr. Prevatte, and Mr. Dale Hunt.
State's Attorney (04:22:51):
All right. And what did you observe when you were sitting there waiting for somebody to arrive to let you into the house?
Daniel Wells (04:23:04):
Myself and Detective Brandon Berg, we walked around just looking around the edge of the property, did take some initial photographs there while we were waiting for the actual people to get there with the key. We realized there was a canine in the house, you could hear it barking, and we knew we were going to have to have somebody help secure the dog.
State's Attorney (04:23:25):
And what did you do to facilitate that?
Daniel Wells (04:23:31):
Initially, we just waited when Mr. Hunt and them arrived. They were eventually able to open the door and let us in.
State's Attorney (04:23:38):
All right. And at that point in time, once you're in, what do you do next?
Daniel Wells (04:23:45):
Detective Kleinert, I believe was with me. We initially basically do a walkthrough. You don't touch anything. You just kind of walking through getting an idea of what the layout of the house is, do we need any kind of special equipment or anything that we need to go get and bring back in there with us. After we just do a basic walkthrough, then start a document and you start taking photographs. You start, or I do in this case, you stay basically standing at the front door, you take pictures, you step in, you take more pictures. And then I generally work right to left, you start going that way, you swing through those rooms, move back around, and you just take picture, picture, picture, picture, picture, documenting what everything was the way you found it when you got there.
State's Attorney (04:24:32):
When Dale Hunt and David Prevatte arrived at the location to let you in, did they unlock the door with a key?
Daniel Wells (04:24:41):
Mr. Hunt did.
State's Attorney (04:24:49):
All right. Describe what you saw as you're walking through the house. What did you see or what were your observations?
Daniel Wells (04:25:01):
The house was a modular, like double-wide home set up on brick and underpinning. It had obviously been there for a while based on the extent of deterioration of the wood and the porch. You can tell it wasn't a brand new residence. When I walked in, cluttered, unkempt, I would call it dirty. When we're going through the kitchen, there were pots and pans, obviously hadn't been washed and stagnant water and stuff still laying in them. The odor of dog urine was predominant. I believe one of the rooms had some pads or some paper or something down. There were dog feces on them, what appeared to be dog feces on the paper. Parts of the residence were in disrepair. There was some damage to some of the walls or the doors. You could tell it had not been taken care of or needed some work.
State's Attorney (04:26:07):
You said you took pictures of this residence?
Daniel Wells (04:26:09):
Yes, sir.
State's Attorney (04:26:09):
All right.
(04:26:09)
May I approach, Judge?
Judge (04:26:09):
You may.
State's Attorney (04:26:30):
I'm going to show you what's been marked as State's Exhibit 35. Do you recognize what I'm showing you as State's Exhibit 35?
Daniel Wells (04:26:38):
Yes, sir.
State's Attorney (04:26:39):
And what is 35?
Daniel Wells (04:26:41):
It's a CD disc that has been marked to contain CSI photos from the 13th of November.
State's Attorney (04:26:46):
All right. Fairly and accurately depict what you saw that day as you were processing that house?
Daniel Wells (04:26:53):
They should.
State's Attorney (04:26:54):
All right. And did you initial that disc?
Daniel Wells (04:26:58):
Yes, sir. I did.
State's Attorney (04:26:59):
All right. Will these photographs assist you in your testimony today?
Daniel Wells (04:27:02):
Yes, sir. They would.
State's Attorney (04:27:03):
Move to introduce State's Exhibit 35.
Judge (04:27:05):
Any objection?
Speaker 20 (04:27:07):
No.
Judge (04:27:07):
State's Exhibit 35 will be admitted into evidence.
State's Attorney (04:27:12):
Permission to publish State's Exhibit 35.
Judge (04:27:13):
You may.
State's Attorney (04:28:17):
Lieutenant Wells, can you see the screen?
Daniel Wells (04:28:18):
Yes, sir.
State's Attorney (04:28:19):
All right. We're going to walk through these photographs one by one and we'll come back and talk in detail. I'm showing you what's been marked as State's Exhibit DSC... Strike that. State's Exhibit 35, picture DSC 0001. What are we looking at?
Daniel Wells (04:28:36):
It's a photograph of the mailbox in front of the residence at 104 Blackwater.
State's Attorney (04:28:42):
0002, what are we looking at?
Daniel Wells (04:28:45):
A photograph of the residence taken from the same location down on that road in front of the house.
State's Attorney (04:28:52):
0003.
Daniel Wells (04:28:57):
It's another photograph of the front right corner of the residence taken over from the right side of the residence facing it.
State's Attorney (04:29:05):
0004.
Daniel Wells (04:29:08):
The right side of the yard or to the right of the residence, if you were looking at the residence from the road.
State's Attorney (04:29:15):
0005.
Daniel Wells (04:29:17):
Same side of the yard, just a little bit further more to the west.
State's Attorney (04:29:22):
0006.
Daniel Wells (04:29:24):
It's an article of mail that we found there at the house to indicate one of the occupants of the residence.
State's Attorney (04:29:33):
That being Laura Flowers at 104 Blackwater Drive?
Daniel Wells (04:29:35):
Yes, sir.
State's Attorney (04:29:36):
Then, 0007.
Daniel Wells (04:29:40):
This is a view of the back of the residence taken from the west end facing east showing the backyard.
State's Attorney (04:29:49):
0008.
Daniel Wells (04:29:52):
It's a photograph of the rear door of the residence showing the lack of any steps or any way of gaining access through that without climbing.
State's Attorney (04:30:04):
Now, how tall are you, Lieutenant Wells?
Daniel Wells (04:30:07):
About 6'7".
State's Attorney (04:30:08):
All right. Can you estimate how much off the ground this back door is?
Daniel Wells (04:30:14):
From my notes initially, I thought it goes a little higher at eight to nine and now looking at it looks like it's more to six to seven feet off the ground on the bottom of the door.
State's Attorney (04:30:29):
All right. 0009?
Daniel Wells (04:30:29):
It's a photograph of an air conditioner evaporator core frame that was been stripped out on the back of the residence.
State's Attorney (04:30:37):
0010?
Daniel Wells (04:30:39):
These photos of the east end of the residence.
State's Attorney (04:30:44):
0011?
Daniel Wells (04:30:46):
These are the front steps from the west end side. There's a second set of steps.
State's Attorney (04:30:56):
When you say second set of steps, what do you mean?
Daniel Wells (04:31:00):
There's a double set of steps going off both sides if you look at the front of the residence from the same porch.
State's Attorney (04:31:06):
So if we're looking at, we can go up either this side of the stairs or we can go from the other side, correct?
Daniel Wells (04:31:12):
Yes, sir.
State's Attorney (04:31:18):
0013, what are we looking at?
Daniel Wells (04:31:20):
It's a photograph of the front porch showing the front door.
State's Attorney (04:31:24):
Okay. 0014?
Daniel Wells (04:31:31):
Another shot of the front door.
State's Attorney (04:31:32):
Now, did you see any signs of forced entry from this front door?
Daniel Wells (04:31:38):
No, sir.
State's Attorney (04:31:44):
0015, what are we looking at?
Daniel Wells (04:31:48):
This is a residence. I'm standing at the edge of the front door with the front door open, looking into the residence to the right, toward the kitchen area.
State's Attorney (04:32:00):
What are we looking at in 0016?
Daniel Wells (04:32:02):
This is a view of the living room. I'm still standing at the same position. I've just pivoted to the left, taking the... That's what the room you're looking at actually step into when you come in that residence.
State's Attorney (04:32:16):
0017?
Daniel Wells (04:32:19):
This is going into the kitchen and you turn to the right and that's one of the right side of the kitchen or the front of the kitchen.
State's Attorney (04:32:30):
0018?
Daniel Wells (04:32:33):
Still inside the kitchen, just moving further around the room, showing the refrigerator and where the microwave is located.
State's Attorney (04:32:40):
0019?
Daniel Wells (04:32:42):
Still the kitchen, the east side wall next to the refrigerator and showing the stove.
State's Attorney (04:32:49):
0020.
Daniel Wells (04:32:52):
Continuing in the kitchen, showing the sink and the countertops.
State's Attorney (04:32:59):
0021.
Daniel Wells (04:33:01):
The final frame in the kitchen, you see the last section of the countertop there, and then you're looking back through the door we came into the kitchen from and you see the front door in the background.
State's Attorney (04:33:15):
0022.
Daniel Wells (04:33:19):
Standing inside the living room, this is the west end wall, had the television set and everything set up against it.
State's Attorney (04:33:29):
Back behind, as you're looking at the TV, what is behind you?
Daniel Wells (04:33:38):
As I'm standing here taking this photograph, looking at that television behind me or the couch, one side of the couch is behind me, two bedrooms and the doorway and the hallway leading out through the back door.
State's Attorney (04:33:51):
All right. What's to the right area?
Daniel Wells (04:33:56):
To the immediate right of me while I'm taking this photograph is the front door, the other 90 degree section of the couch, and I believe it was a table or some bookcases with some items sitting on top of it.
State's Attorney (04:34:09):
Okay. How about if you went straight through this area right here, does that go back to the kitchen?
Daniel Wells (04:34:16):
Yes, sir.
State's Attorney (04:34:17):
All right. And what is to the left of the TV as we're facing the TV?
Daniel Wells (04:34:23):
There's an alcove over to the left. If you step over and step in, you come into the master bedroom and turn left to go into the master bedroom.
State's Attorney (04:34:36):
0023, what are we looking at?
Daniel Wells (04:34:40):
That alcove showing where it leads back to the master bedroom.
State's Attorney (04:34:43):
And this door leads into the master bedroom?
Daniel Wells (04:34:47):
Yes, sir.
State's Attorney (04:34:53):
0024?
Daniel Wells (04:34:56):
This is the south wall of the living room. Just showing the O2 bottle and the chair.
State's Attorney (04:35:10):
0025?
Daniel Wells (04:35:11):
Still in the living room, looking back toward the southeast corner, you'll see the two doors leading into those bedrooms. And behind that, apparently kind of a crib there to the right is the little hallway that goes into the other bathroom and the laundry area and the rear door.
State's Attorney (04:35:29):
So if we walk through this door, where are we walking into?
Daniel Wells (04:35:32):
That is the northeast corner bedroom.
State's Attorney (04:35:35):
If we're to walk through this door, what are we walking into?
Daniel Wells (04:35:39):
That's the southeast corner bedroom.
State's Attorney (04:35:41):
If we walk down this little hallway, what's down that way?
Daniel Wells (04:35:45):
There's a washer and dryer on the left side, I believe. There's a bathroom on the right.
State's Attorney (04:35:59):
Okay. 0026?
Daniel Wells (04:36:01):
Still in the living room, you're facing east, showing the couch [inaudible 04:36:07].
State's Attorney (04:36:12):
0027?
Daniel Wells (04:36:15):
Again, the living room is showing the north wall with that side of the couch and I call it the bookcase with all that stuff piled up on it.
State's Attorney (04:36:28):
And the TV that we saw before is right along in here, correct?
Daniel Wells (04:36:34):
In this photograph, it would be to your left bottom corner. You're looking out the front door right there, the left side of that picture.
State's Attorney (04:36:47):
0028, what are we looking at?
Daniel Wells (04:36:50):
This is a photograph of the master bedroom taken from the doorway leading into the bedroom.
State's Attorney (04:36:57):
0029?
Daniel Wells (04:37:00):
The bed and the master bedroom and stuff around it.
State's Attorney (04:37:07):
0030?
Daniel Wells (04:37:07):
That's the south end wall on that side of the master bedroom.
State's Attorney (04:37:13):
Now 0031.
Daniel Wells (04:37:17):
This photograph is the northeast corner bedroom where you have stepped inside the room and turned to the left, looking at the bed and the front window that's covered up with that piece of fabric.
State's Attorney (04:37:30):
All right. I'm going to go back to 0025. Which bedroom did we just walk into from that previous photograph?
Daniel Wells (04:37:42):
The door on the left is hanging from one hinge.
State's Attorney (04:37:45):
All right. That room right there, correct?
Daniel Wells (04:37:47):
Yes, sir.
State's Attorney (04:37:47):
0032.
Daniel Wells (04:38:01):
Still in the northeast corner bedroom, just pan more over to the right, showing the items in the room.
State's Attorney (04:38:12):
0033?
Daniel Wells (04:38:14):
The northeast corner bedroom, as you stand there, it's still at the door. This is the chair and I believe it's a bassinet sitting behind it, immediately in front of you.
State's Attorney (04:38:25):
I'm sorry. 0034, what are we looking at?
Daniel Wells (04:38:31):
This is the floor between the doorway and the bed in that northeast corner bedroom.
State's Attorney (04:38:36):
0035?
Daniel Wells (04:38:42):
This is the piece of a chair and the items that are sitting immediately beside the bed as you walk through the door to your immediate left at your feet in that northeast corner bedroom.
State's Attorney (04:38:56):
We walk out this doorframe right there. Where are we walking into?
Daniel Wells (04:39:02):
Back out to the living room.
State's Attorney (04:39:08):
0036.
Daniel Wells (04:39:11):
Still in that northeast corner bedroom showing the pair of underwear and pants that are laying there on the floor next to the bed.
State's Attorney (04:39:20):
0037?
Daniel Wells (04:39:23):
This is back out at the edge of the door, leading out the edge of the living room. You're looking toward that alcove, leads out the back door showing the washer and dryer on the left.
State's Attorney (04:39:34):
That back door that does not have a staircase to it or anything like that, is that correct?
Daniel Wells (04:39:40):
Yes, sir.
State's Attorney (04:39:42):
0038?
Daniel Wells (04:39:45):
The area right inside that hallway, the laundry room area.
State's Attorney (04:39:51):
0039?
Daniel Wells (04:39:53):
This was the bathroom. If you stepped into that little hallway going toward the back door, the bathroom was on the right hand side.
State's Attorney (04:39:59):
00-
Mr. Smith (04:40:03):
0040.
Detective Wells (04:40:06):
This is the southeast corner bedroom taken from the doorway looking toward the south wall.
Mr. Smith (04:40:14):
I'm going to take you back to 0025. Which door did we just go to get to that bedroom we just previously saw?
Detective Wells (04:40:28):
The door on the right, that white door there.
Mr. Smith (04:40:31):
So this one right here?
Detective Wells (04:40:32):
Yes, sir.
Mr. Smith (04:40:47):
Okay. All right. We just looked at 0040, is that correct?
Detective Wells (04:40:50):
Yes, sir.
Mr. Smith (04:40:51):
0041, what are we looking at?
Detective Wells (04:40:54):
Same bedroom, just panned to the left, showing the mattress and box springs and the articles on that side.
Mr. Smith (04:41:03):
And 0042?
Detective Wells (04:41:06):
Still in the same room, just panning further to the left, showing the front wall where the closet area is at.
Mr. Smith (04:41:15):
0043?
Detective Wells (04:41:19):
That is the floor area to the immediate left of the bed in that same bedroom.
Mr. Smith (04:41:24):
0044?
Detective Wells (04:41:30):
This is back out at the edge of the living room. I am standing in front of the doorway that leads to the northeast corner bedroom. Looking north, this is the one section of the couch that is on the east wall.
Mr. Smith (04:41:44):
0045?
Detective Wells (04:41:49):
That is back in the southeast corner bedroom, the articles that were laying on top of the mattress.
Mr. Smith (04:41:57):
0046?
Detective Wells (04:41:59):
It's a closeup shot of a child's little pair of denim shorts.
Mr. Smith (04:42:04):
0047?
Detective Wells (04:42:07):
Same corner of the room showing the bed, the shorts, and the walls.
Mr. Smith (04:42:13):
0048?
Detective Wells (04:42:16):
Back in the kitchen, it's a photograph just showing the interior of the refrigerator.
Mr. Smith (04:42:22):
0049?
Detective Wells (04:42:25):
This is back in the northeast corner bedroom. These were some of the articles that were after they had been picked up from the floor and laid up on the mattress to get a clearer shot of them.
Mr. Smith (04:42:34):
0050?
Detective Wells (04:42:39):
Same room, northeast corner bedroom, just another angle showing those different articles.
Mr. Smith (04:42:47):
0051?
Detective Wells (04:42:49):
Same bedroom showing some of the articles of clothing that were picked up and laid on that chair.
Mr. Smith (04:42:57):
0052?
Detective Wells (04:42:59):
This is the small table. If you're standing in the living room looking toward the northeast corner bedroom door in the background, that is the couch on the east wall to the left. And that's just the end table located at the side edge of the couch.
Mr. Smith (04:43:17):
0053?
Detective Wells (04:43:20):
It's an overexposed shot of some of the more mail we found inside, just showing occupants.
Mr. Smith (04:43:26):
0054?
Detective Wells (04:43:29):
Same pieces of mail, different lighting angle. You can read the names and showing the names of the [inaudible 04:43:37] addressed in.
Mr. Smith (04:43:36):
Lisa and Dale Hunt?
Detective Wells (04:43:38):
Yes, sir.
Mr. Smith (04:43:39):
0055?
Detective Wells (04:43:39):
This is a can of whip topping. It was found in the northeast corner bedroom.
Mr. Smith (04:43:51):
0056?
Detective Wells (04:43:53):
Still in the northeast corner bedroom. Those articles just had a ruler put in for scale.
Mr. Smith (04:44:02):
0057.
Detective Wells (04:44:05):
Same bed. That is the cord from the vacuum cleaner laid across the scale just to give it some scale.
Mr. Smith (04:44:14):
0059?
Detective Wells (04:44:16):
Another shot of the same cords on that mattress.
Mr. Smith (04:44:21):
And those are the photographs that you've taken on November 13th, 2017?
Detective Wells (04:44:29):
Yes, sir.
Mr. Smith (04:44:37):
All right. Did Roy Brandenburg also take photographs?
Detective Wells (04:44:39):
Yes, sir. He did.
Mr. Smith (04:44:41):
All right. and on the same disc that on State's Exhibit 35, and labeled inside 35 is a folder called Roy. Photograph 0047, some of these are duplicative, is that correct? Same ones that you were doing, but he's shooting them also?
Detective Wells (04:45:16):
Yes, sir. We were both taking photographs. He probably took some. I took both of there were several of them. There's going to be multiples of the same location.
Mr. Smith (04:45:24):
Right. And again, we're looking at outside the house?
Detective Wells (04:45:28):
Yes, sir. This is a shot of the backyard looking east.
Speaker 21 (04:45:31):
[inaudible 04:45:32]. Just give me a second.
Mr. Smith (04:46:06):
0048, same photograph of the back of the house?
Detective Wells (04:46:10):
Yes, sir.
Mr. Smith (04:46:13):
And it lists the bottom of the photograph on Roy's camera, it shows 11-13-2017 at about 12:01. Is that correct?
Detective Wells (04:46:26):
The date's right. I'm not sure about the exact time.
Mr. Smith (04:46:28):
0049, what are we looking at?
Detective Wells (04:46:43):
This was a path off into the woods behind the residence headed south, southeast down toward a low area.
Mr. Smith (04:46:59):
0050?
Detective Wells (04:47:01):
Just another shot showing the same path.
Mr. Smith (04:47:03):
Is there something in the wood line here?
Detective Wells (04:47:08):
Yes, sir. A trampoline.
Mr. Smith (04:47:12):
0051, what are we looking at?
Detective Wells (04:47:15):
This was a vehicle that had pulled up in the yard with [inaudible 04:47:19]. We just took a photograph of that, document the registration plate.
Mr. Smith (04:47:25):
0052?
Detective Wells (04:47:27):
It's a shot of the front of the residence showing the double stairway.
Mr. Smith (04:47:29):
0053?
Detective Wells (04:47:34):
Another one of the front door.
Mr. Smith (04:47:37):
0054?
Detective Wells (04:47:39):
This is inside. It's another shot from the edge of the living room looking in toward the master bedroom.
Mr. Smith (04:47:45):
0055?
Detective Wells (04:47:49):
That is in the master bedroom looking to the left into the master bathroom.
Mr. Smith (04:47:57):
Two bathrooms in this house, is that correct?
Detective Wells (04:48:00):
Yes, sir.
Mr. Smith (04:48:01):
One inside the master bedroom, the other near the other two bedrooms, is that correct?
Detective Wells (04:48:06):
Yes, sir.
Mr. Smith (04:48:09):
0056?
Detective Wells (04:48:11):
The bathtub in the master bath.
Mr. Smith (04:48:14):
0057?
Detective Wells (04:48:16):
The sink area in the master bathroom.
Mr. Smith (04:48:21):
0058?
Detective Wells (04:48:23):
Another view of the same thing, the sink in the master bathroom.
Mr. Smith (04:48:25):
0059?
Detective Wells (04:48:26):
In the master bedroom, looking down to the right side of the bed.
Mr. Smith (04:48:37):
0060?
Detective Wells (04:48:39):
I believe that was the closet for the master bath or master bedroom. It just had that hanging over the hole, I believe is what that was.
Mr. Smith (04:48:45):
0061?
Detective Wells (04:48:47):
It's the back of the doorway. I believe that is the closet door.
Mr. Smith (04:48:57):
Is that a closet door or is that going into that second bedroom?
Detective Wells (04:48:59):
I can't tell from that picture, Mr. Smith.
Mr. Smith (04:49:07):
All right. 0062?
Detective Wells (04:49:09):
It's the same door. I'm just not sure which door it is.
Mr. Smith (04:49:12):
0063?
Detective Wells (04:49:16):
The back hallway where the laundry and the bathroom's at.
Mr. Smith (04:49:21):
0064?
Detective Wells (04:49:23):
That second bathroom.
Mr. Smith (04:49:27):
0065?
Detective Wells (04:49:30):
Again, the second bathroom.
Mr. Smith (04:49:35):
0066?
Detective Wells (04:49:36):
Still the same bathroom.
Mr. Smith (04:49:41):
67?
Detective Wells (04:49:43):
Still in the same bathroom.
Mr. Smith (04:49:46):
68?
Detective Wells (04:49:48):
The articles are on the floor and the hallway between the bathroom and the laundry.
Mr. Smith (04:49:58):
Okay. 69?
Detective Wells (04:49:59):
This is the southeast corner bedroom. Or excuse me, looking into the southeast corner bedroom.
Mr. Smith (04:50:09):
70?
Detective Wells (04:50:11):
So you're at the edge of the door looking into the southeast corner bedroom toward the south wall.
Mr. Smith (04:50:21):
71?
Detective Wells (04:50:21):
Same bedroom, just another shot showing the overall of the room.
Mr. Smith (04:50:26):
72?
Detective Wells (04:50:28):
Still the same bedroom.
Mr. Smith (04:50:28):
73?
Detective Wells (04:50:28):
Same room continuing, just panning to the left, taking more photographs.
Mr. Smith (04:50:36):
74?
Detective Wells (04:50:40):
The same bedroom showing the closet area in front of the closet.
Mr. Smith (04:50:46):
75?
Detective Wells (04:50:47):
Same bedroom panning around to the left further showing on the north wall.
Mr. Smith (04:50:54):
76?
Detective Wells (04:50:54):
Another shot of the same area.
Mr. Smith (04:50:59):
77?
Detective Wells (04:50:59):
An overall shot of the floor between the door and the bed in the southeast bedroom.
Mr. Smith (04:51:05):
78?
Detective Wells (04:51:07):
You're still in the southeast bedroom. This is the items that were on the floor at the foot of the bed.
Mr. Smith (04:51:15):
79?
Detective Wells (04:51:15):
You're looking in that southeast bedroom showing the east wall and the south wall.
Mr. Smith (04:51:22):
80?
Detective Wells (04:51:22):
The closet in the southeast bedroom.
Mr. Smith (04:51:25):
81?
Detective Wells (04:51:26):
Same closet, just looking down.
Mr. Smith (04:51:27):
82?
Detective Wells (04:51:27):
In the same bedroom, looking down between the mattress and against the wall, just showing that article of clothing.
Mr. Smith (04:51:36):
83?
Detective Wells (04:51:41):
Another shot of the same location.
Mr. Smith (04:51:45):
84?
Detective Wells (04:51:45):
Again, the same location.
Mr. Smith (04:51:49):
85?
Detective Wells (04:51:50):
It's a kilted photograph showing the top of the mattress in that southeast corner bedroom.
Mr. Smith (04:51:56):
86?
Detective Wells (04:51:59):
The same mattress.
Mr. Smith (04:51:59):
87?
Detective Wells (04:52:02):
Again, the same mattress.
Mr. Smith (04:52:05):
88?
Detective Wells (04:52:07):
These are the articles that are on the nightstand beside that bed in the southeast corner bedroom.
Mr. Smith (04:52:14):
Does that conclude Roy's pictures also?
Detective Wells (04:52:18):
That was 88?
Mr. Smith (04:52:20):
Yep.
Detective Wells (04:52:20):
Yes, sir.
Mr. Smith (04:52:20):
All right.
(04:52:22)
Judge, at this time, I think it's a good time to break.
Judge (04:52:24):
Okay. Members of the jury, we're going to go ahead and take our mid-afternoon break. Go ahead and close up your notebooks. As we break, remember, do not have any discussion amongst yourselves regarding this case. Do not have any contact with any of the parties, attorneys, or witnesses. Do not discuss this case with anyone else. Do not conduct any independent investigation or inquiry, and do not post online on any social media sites regarding your experience as a juror. So at this time, we'll go ahead and excuse you for about 15 minutes. Thank you.
Speaker 22 (04:53:34):
Thank you, Your Honor. Make sure your notebooks are closed. Keep those in the chairs. When ready, front row and back, this way, please.
Mr. Smith (04:53:34):
Jury has left the court, Your Honor.
Judge (04:53:34):
Thank you, sir. Let the record reflect that the jury has exited the courtroom.
(04:53:37)
Sir, at this time, you may step down.
(04:53:38)
Is there anything we need to discuss on behalf of the state?
Mr. Smith (04:53:53):
No, Your Honor.
Judge (04:53:54):
The defense?
Speaker 23 (04:53:56):
No, sir.
Judge (04:53:56):
Okay. We'll be at ease for the next 15 minutes.
Speaker 22 (04:53:58):
Court will be at ease for 15 minutes.
Judge (05:08:25):
Ready to proceed?
Mr. Smith (05:08:26):
Yes, sir.
Judge (05:08:27):
All right. Anything we need to discuss, Mr. Smith?
Mr. Smith (05:08:30):
Not from the state, Your Honor.
Judge (05:08:31):
Mr. Britt?
Detective Wells (05:08:32):
No, sir.
(05:08:33)
This one, are these exhibits to start out at 36?
Speaker 24 (05:08:35):
Yes.
Detective Wells (05:08:35):
Okay.
Mr. Smith (05:08:35):
Yep.
Judge (05:08:42):
Okay. Let's go ahead and bring the jury in.
Speaker 22 (05:08:45):
Bring the jury. Jury is seated, Your Honor.
Judge (05:09:29):
Thank you, sir. Let the record reflect that the jury has reentered the courtroom.
(05:09:36)
State, you may continue.
Mr. Smith (05:09:37):
Thank you, Judge. Can I keep State's Exhibit 35 continuously displayed as we go through the evidence and the pictures, Judge?
Judge (05:09:44):
Yes, you may.
Mr. Smith (05:11:06):
Just a minute here. Detective Wells or Lieutenant Wells, we just went through the pictures of 104 Blackwater Drive, and you're there to process the scene or process the house. Now, let me ask you this. When you arrived at 104, did you know what kind of case that you were investigating, at least on the crime scene side?
Detective Wells (05:11:34):
I had what Detective Leatherwood had told me initially, a [inaudible 05:11:38] and a possible sexual assault.
Mr. Smith (05:11:39):
Okay. So as you arrived at 104, did you know whose house you were going to?
Detective Wells (05:11:47):
Yes, sir. He told me the information of the folks that lived there that I had to put that on the search warrant when I typed it up.
Mr. Smith (05:11:52):
All right. And then when you arrived to process it. I guess, what evidence are you looking to collect?
Detective Wells (05:12:07):
In this case, you would've been looking for any signs of any altercations, any obvious signs of some form of assault, anything that might've had to do with a child. We were actually trying to get a better picture of what actually had occurred in the residence. You don't know exactly what you're going to find, but you had to have a legal right to be there to look for it and you might not even recognize it until you actually saw it. Articles of clothing, possible body fluids, anything that would give you an indication of what actually occurred.
Mr. Smith (05:12:46):
Okay. And as you're walking through the house, you're seeing the condition of the house?
Detective Wells (05:12:50):
Yes, sir.
Mr. Smith (05:12:51):
In your mind then, what is your strategy for processing the scene due to the condition of the house and your training and experience?
Detective Wells (05:13:04):
It was a mess because with all the obvious visible signs of different types of biological fluids throughout the house, you honestly didn't really know where to start. You had to pick an area and just go from each spot to each spot, trying to determine if anything in that particular area may have had anything to do with the incident.
Mr. Smith (05:13:26):
Okay. So let's walk through it. What are cheek swabs and why do you collect cheek swabs?
Detective Wells (05:13:43):
Cheek swabs is a generic term. Most agencies, like we have ordered sterile cotton tip swabs. The ones we use are a capture name brand. They have a plastic covering over the top with a lid on it. So once you do collect the sample, you close it up and it protects that sterile, the cotton section of the swab, and allows for air to circulate around it to let it dry without having to worry about any type of mold or mildew issues.
(05:14:13)
You generally take cheek swabs from individuals. It's like going to the dentist and they take one each to put the Novocaine on your cheek and they're getting ready to stick you with a needle. Basically the same thing. All you're doing is rubbing some of the epithelial cells off the edge of your gums inside your mouth to get a known standard from an individual. We usually take two, one on both sides, both they're then packaged in a manila envelope so it can breathe through the paper and we seal them up.
Mr. Smith (05:14:42):
May I approach the witness, Judge?
Judge (05:14:42):
You may.
Mr. Smith (05:14:44):
And Judge, as you can see from the amount of physical evidence that we're going to go through, can I have a standing order that allows me to just approach as needed?
Judge (05:14:52):
Absolutely.
Mr. Smith (05:14:52):
Thank you.
(05:14:54)
I'm going to show you State's exhibits-
Mr. Smith (05:15:07):
State's Exhibits 36 and 37. [inaudible 05:15:13]. I'm going to show you what's been marked as State's Exhibit 36 and 37 for identification purposes. And do you recognize 36 and 37?
Lieutenant Wells (05:15:40):
Yes, sir.
Mr. Smith (05:15:40):
And let's start with 36. What is 36?
Lieutenant Wells (05:15:44):
36 is a manila envelope. It's marked with our agency name, the case number, our item number 1.
Mr. Smith (05:15:50):
And what is item number 1, your item number 1?
Lieutenant Wells (05:15:54):
Item number 1 was a non-standard cheek swab from the defendant.
Mr. Smith (05:15:57):
David Prevatte, correct?
Lieutenant Wells (05:15:59):
Yes, sir.
Mr. Smith (05:15:59):
And you said you take the cheek swab, you put it in a manila envelope, then you send it where?
Lieutenant Wells (05:16:09):
Eventually they get generally sent to state crime lab.
Mr. Smith (05:16:11):
And was that done for State's Exhibit 36?
Lieutenant Wells (05:16:14):
Yes, sir, it was.
Mr. Smith (05:16:16):
And move to introduce State's Exhibit 36.
Judge (05:16:18):
Any objection?
Speaker 25 (05:16:19):
No, sir.
Judge (05:16:19):
State's Exhibit 36 will be admitted into evidence.
Mr. Smith (05:16:22):
As I show you State's Exhibit 37, what is State's Exhibit 37?
Lieutenant Wells (05:16:27):
It's another manila envelope. It's marked with agency name, our case number, item number 2.
Mr. Smith (05:16:33):
And what is State's Exhibit 37, your item number 2?
Lieutenant Wells (05:16:38):
I'm sorry. It contains two non-standard swabs from Mr. Dale Hunt.
Mr. Smith (05:16:42):
And did you send these also to the state crime lab eventually?
Lieutenant Wells (05:16:46):
Yes, sir, we did.
Mr. Smith (05:16:46):
Move to introduce State's Exhibit 37.
Judge (05:16:48):
Any objection?
Speaker 25 (05:16:49):
No, sir.
Judge (05:16:50):
State's Exhibit 37 will be admitted into evidence.
Mr. Smith (05:16:53):
All right. So, Dale Hunt and David Prevatte were out there and while they're out at 104 Blackwater, you get two non-standards, is that correct?
Lieutenant Wells (05:17:02):
Yes, sir.
Mr. Smith (05:17:03):
All right. Now, as you're going through and processing the scene, you keep a property inventory sheet, is that correct?
Lieutenant Wells (05:17:13):
Yes, sir.
Mr. Smith (05:17:14):
And that keeps your item number, it describes what you're seizing, is that correct?
Lieutenant Wells (05:17:20):
Yes, sir. It's required that you leave a copy of whatever you take pursuant to a search warrant, you have to leave a copy of this stuff, what you've taken, plus it allows you to have those items in a easy to read list whenever you need to use that paperwork later on.
Mr. Smith (05:17:36):
All right. So, let's go down your property sheet then. Look at item number 4 on your property sheet. Do you have that?
Lieutenant Wells (05:17:50):
Yes, sir.
Mr. Smith (05:17:52):
What is your property item number 4?
Lieutenant Wells (05:17:55):
Item number 4 is a pair of blue men's boxers and a pair of brown Dickie work pants.
Mr. Smith (05:18:03):
Strike that. Go to item number 3.
Lieutenant Wells (05:18:05):
Yes, sir.
Mr. Smith (05:18:06):
What is item number 3?
Lieutenant Wells (05:18:08):
Item number 3 was the pair of the blue child's denim pants that were on the mattress in that southeast bedroom.
Mr. Smith (05:18:14):
All right. I'm going to take you to the picture. The southeast bedroom is which bedroom?
Lieutenant Wells (05:18:32):
The right hand white door in that photograph.
Mr. Smith (05:18:36):
Is that correct?
Lieutenant Wells (05:18:37):
Yes, sir.
Mr. Smith (05:18:37):
Where I pointed, going through that door?
(05:18:53)
Do you see your item number 3 that you seized in this photograph?
Lieutenant Wells (05:18:58):
Yes, sir.
Mr. Smith (05:19:02):
Are those the blue pants that are on the bed?
Lieutenant Wells (05:19:05):
Yes, sir.
Mr. Smith (05:19:15):
I'm going to show you what's been marked as State's Exhibit 38 for identification purposes and ask that you review that. Do you recognize State's Exhibit 38?
Lieutenant Wells (05:19:27):
Yes, sir.
Mr. Smith (05:19:28):
And what is 38?
Lieutenant Wells (05:19:29):
It's our item number 3, the bag containing those small blue pants.
Mr. Smith (05:19:34):
And what did you do with item number... Strike that. What did you do with State's Exhibit 38?
Lieutenant Wells (05:19:41):
They were sent to the state crime lab.
Mr. Smith (05:19:44):
Move to introduce State's Exhibit 38, Judge.
Judge (05:19:46):
Any objection?
Speaker 25 (05:19:47):
No, sir.
Judge (05:19:48):
State's Exhibit 38 will be admitted into evidence.
Mr. Smith (05:19:52):
All right. Now, let's go to your State's... Strike that, your property sheet number 4. Now, you went to the other bedroom earlier and you noted it when you were testifying about the picture from the previous bedroom, is that correct?
Lieutenant Wells (05:20:06):
Yes, sir.
Mr. Smith (05:20:07):
That there are a pair of pants and a pair of boxers, is that correct?
Lieutenant Wells (05:20:13):
Yes, sir.
Mr. Smith (05:20:14):
And what do you see up on the screen here?
Lieutenant Wells (05:20:19):
It's that photograph of that floor, the northeast corner bedroom, showing that pair of pants with the underwear on top of them.
Mr. Smith (05:20:26):
All right. And did you collect both those pants and those underwear?
Lieutenant Wells (05:20:31):
Yes, sir.
Mr. Smith (05:20:31):
And how did you collect these two items? They're on top of each other, is that correct?
Lieutenant Wells (05:20:38):
Yes, sir. They were initially seized as one single item. They were later separated into 4 and number 4A, so they could be submitted to the lab separately.
Mr. Smith (05:21:12):
All right.
(05:21:12)
[inaudible 05:21:13]. I'm going to show you what's been marked as State's Exhibit 39 and 40. Exhibit 39, what is 39?
Lieutenant Wells (05:21:33):
39 is a paper bag that is containing item number 4, the pants themselves.
Mr. Smith (05:21:40):
All right. And what did you do with item number... Or, excuse me, what did you do with State's Exhibit 39?
Lieutenant Wells (05:21:46):
They were submitted to the state crime lab.
Mr. Smith (05:21:49):
Move to introduce State's Exhibit 39.
Judge (05:21:49):
Any objection?
Speaker 25 (05:21:49):
No, sir.
Judge (05:21:49):
State's Exhibit 39 will be admitted into evidence.
Mr. Smith (05:21:55):
And as to 40, what is 40?
Lieutenant Wells (05:22:01):
40 is a manila envelope marked with our case number, item number 4A. It's the pair of underwear that were separated from the pants.
Mr. Smith (05:22:11):
And again, what did you do with State's Exhibit 40?
Lieutenant Wells (05:22:15):
They were taken to the crime lab also.
Mr. Smith (05:22:17):
Move to introduce State's Exhibit 40.
Judge (05:22:19):
Any objection?
Speaker 25 (05:22:20):
No, sir.
Judge (05:22:21):
State's Exhibit 40 will be admitted into evidence.
Mr. Smith (05:22:28):
As we walk down your property sheet, you come to lab... Or, strike that, item number 5. What is item number 5?
Lieutenant Wells (05:22:40):
Item number 5 was the whipped cream can.
Mr. Smith (05:22:43):
And where was this found?
Lieutenant Wells (05:22:44):
It was in that same bedroom there where those pants and underwear are.
Mr. Smith (05:22:49):
Do you remember where they were found in this bedroom?
Lieutenant Wells (05:22:52):
The can?
Mr. Smith (05:22:53):
Yes.
Lieutenant Wells (05:22:54):
I believe the can was over to the right of the... If you look at that bassinet behind that chair, but if you move that pair of blue pants or coat, whatever that is, it was laying up there.
Mr. Smith (05:23:09):
So, you're telling me it was laying up in here?
Lieutenant Wells (05:23:13):
I believe so.
Mr. Smith (05:23:14):
All right. And you seized that whipped cream?
Lieutenant Wells (05:23:20):
Yes, sir, we did.
Mr. Smith (05:23:21):
I'm going to show you what's been marked as State's Exhibit 41 and 42 for identification purposes. What is 41?
Lieutenant Wells (05:24:12):
41's a sealed plastic bag containing our paper bag that has the whipped cream can alone inside.
Mr. Smith (05:24:23):
And what did you do with this State's Exhibit 41?
Lieutenant Wells (05:24:27):
It also was taken to the state crime lab.
Mr. Smith (05:24:30):
All right. Move to introduce State's Exhibit 41.
Judge (05:24:30):
Any objection?
Speaker 25 (05:24:30):
No, sir.
Judge (05:24:30):
State's Exhibit 41 will be admitted into evidence.
Mr. Smith (05:24:36):
As to State's Exhibit 42, what is State's Exhibit 42?
Lieutenant Wells (05:24:39):
42 is a manila envelope, our agency case number and item number 5A. It was the nozzle that was separated from the can, and it was also taken to the state crime lab.
Mr. Smith (05:24:50):
Move to introduce State's Exhibit 42, Judge.
Judge (05:24:52):
Any objection?
Speaker 25 (05:24:53):
No, sir.
Judge (05:24:54):
State's Exhibit 42 will be admitted into evidence.
Mr. Smith (05:24:57):
Now, Lieutenant Wells, as you're in this northeast corner bedroom, you testified earlier that... I'm going to take you to State's Exhibits 35, the photograph at 0035. Do you recognize this photograph?
Lieutenant Wells (05:25:17):
Yes, sir.
Mr. Smith (05:25:18):
And what are we looking here?
Lieutenant Wells (05:25:21):
This is the floor. If you're standing beside the bed in the northeast corner bedroom, the doorway to the living room is at the top left corner, and you're just turned looking down on the floor immediately beside the bed.
Mr. Smith (05:25:36):
And did you find any items of interest from this area?
Lieutenant Wells (05:25:41):
Yes, sir, we did.
Mr. Smith (05:25:42):
And what did you find?
Lieutenant Wells (05:25:44):
In this area, we collected that red set of earbuds you see laying on that chair. There was two or three of the phone charging cords. All the cords you see in that photograph were taken.
Mr. Smith (05:26:00):
All right. And why are you taking these cords?
Lieutenant Wells (05:26:03):
Sergeant Leatherwood had indicated to us that he believed strangulation may have been involved with the child at that time and they could have been used as ligatures.
Mr. Smith (05:26:13):
All right.
Speaker 26 (05:26:13):
[inaudible 05:26:20].
Mr. Smith (05:28:06):
I'm going to show you what's been marked as State's Exhibit 43, 44, 45, and 46, and ask that you review those. Do you recognize 43 through 46?
Lieutenant Wells (05:28:46):
Yes, sir.
Mr. Smith (05:28:47):
How do you recognize 43 through 46?
Lieutenant Wells (05:28:51):
Each of these are marked as our agency and item number, case number. Number 43 is marked as our item number 6, excuse me, containing the red earbuds.
Mr. Smith (05:29:07):
All right, go to the next one.
Lieutenant Wells (05:29:10):
Item number 44 is marked as our item number 7. It's a TR10 phone charging cord. Item 45 was marked our item number 8, is an LG phone cord. Item number 46 is marked our item number 9, is the RadioShack phone charging cord.
Mr. Smith (05:29:32):
Did you send 43, 44, 45 and 46 to the state crime lab?
Lieutenant Wells (05:29:38):
Yes, sir.
Mr. Smith (05:29:42):
Move to introduce State's Exhibits 43, 44, 45, and 46.
Judge (05:29:46):
Any objection?
Speaker 25 (05:29:47):
No, sir.
Judge (05:29:48):
State's Exhibits 43 through 46 will be admitted into evidence.
Mr. Smith (05:29:58):
Permission to publish 43, 44, 45, and 46, Judge.
Judge (05:30:04):
You may.
Mr. Smith (05:30:06):
Judge, I'm asking to publish these by way of allowing the jury to put on gloves and look at these items.
Judge (05:30:14):
All right.
Mr. Smith (05:30:14):
Thank you, sir.
Judge (05:30:15):
Mr. Bailiff, so each of the jury members have gloves-
Bailiff (05:30:18):
[inaudible 05:30:19].
Judge (05:30:19):
Mr. Bailiff, if you can facilitate each of the jury members having gloves in each hand to be able to handle the evidence.
Bailiff (05:30:25):
Yes, Your Honor.
Judge (05:30:25):
Thank you.
Mr. Smith (05:30:49):
And while they're doing that, Lieutenant Wells, I'm going to ask that you-
Judge (05:30:53):
Now, because the jury is distracted, even if we go through some questions, they're probably not going to be paying attention, so if we can just wait.
Speaker 26 (05:30:58):
[inaudible 05:31:02].
Mr. Smith (05:30:58):
Red earbuds.
Speaker 26 (05:30:58):
[inaudible 05:31:08].
Mr. Smith (05:32:21):
[inaudible 05:32:20], Your Honor?
Judge (05:32:22):
One moment, Mr. Smith. All right, go ahead.
Mr. Smith (05:32:32):
Thank you. I want to show you State's Exhibit 43 and ask that you open State's Exhibit 43.
(05:33:11)
State's Exhibit 43 are the red earbuds, is that correct?
Lieutenant Wells (05:33:14):
Yes, sir.
Mr. Smith (05:33:14):
Did you look at these earbuds as you were collecting them?
Lieutenant Wells (05:33:20):
Yes, sir.
Mr. Smith (05:33:21):
Did you notice anything about these earbuds of significance?
Lieutenant Wells (05:33:25):
At the time we initially collected them, no sir, other than that they could possibly be used as a ligature.
Mr. Smith (05:33:29):
How about later on?
Lieutenant Wells (05:33:31):
After they were sent to the lab and some reports were received, we did look at them again.
Mr. Smith (05:33:36):
And what did you note?
Lieutenant Wells (05:33:39):
If you look very closely at sections of the insulation on these wires, there's two wires usually held together, one for each ear, you can tell that some of the plastic insulation has been stretched and has small ripples and stuff in it.
Mr. Smith (05:33:58):
All right. Permission to publish State's Exhibit 43 by way of handing it to the jurors and allowing them to review it, Judge.
Judge (05:34:06):
All right, Mr. Bailiff, if you can go ahead and take State's Exhibit 43. Members of the jury, as you handle this particular piece of evidence, you may handle it individually and without comment. We'll start with the juror in the back row. You can just take that from the bailiff and then pass it on down the row and then wind back around to the front row. You can.
Bailiff (05:41:42):
Item recovered, Your Honor.
Judge (05:41:43):
Thank you, sir. Mr. Smith, you may proceed.
Mr. Smith (05:41:46):
Thank you. Lieutenant Wells, can you package that up and place that back in its envelope, please?
Lieutenant Wells (05:41:50):
Yes, sir.
Mr. Smith (05:42:11):
Thank you. I'm going to show you State's Exhibit 44 and ask that you open up 40... Strike that. 44, yes.
(05:42:17)
And 44 is what?
Lieutenant Wells (05:42:37):
44 is a TR10 phone charging cord.
Mr. Smith (05:42:41):
And did you make any special observations about State's Exhibit 44?
Lieutenant Wells (05:42:51):
Again, no, sir, initially that day we did not. It was just one of those cords that was there and it was seized just because it was there.
Mr. Smith (05:42:57):
How about any other day? Did you make any special note or observations about this cord?
Lieutenant Wells (05:43:02):
I did not. No, sir. Other than it was taken to the lab.
Mr. Smith (05:43:05):
Judge, I'd ask that we also publish by way of the jury by passing it around.
Judge (05:43:12):
Mr. Bailiff, if you can facilitate that again.
Mr. Smith (05:43:16):
Thank you, Your Honor.
Judge (05:43:17):
Same instruction, members of the jury, you may handle the piece of evidence, but do so individually and without comment.
Speaker 27 (05:43:22):
[inaudible 05:46:39].
Bailiff (05:48:21):
Item recovered, Your Honor.
Judge (05:48:42):
Thank you, sir. Mr. Smith?
Mr. Smith (05:48:43):
Lieutenant Wells, I'm going to ask you to do the same thing for State's Exhibit 45. Please open it.
(05:48:45)
And what is State's Exhibit 45?
Lieutenant Wells (05:49:15):
45 is a LG phone charging cord.
Mr. Smith (05:49:18):
Did you make any observations, special observations about State's Exhibit 45 that day when you collected it or any other day?
Lieutenant Wells (05:49:25):
No, sir, I did not.
Mr. Smith (05:49:27):
All right. Move to publish this same way, Judge.
Judge (05:49:29):
All right. Mr. Bailiff?
Bailiff (05:49:30):
[inaudible 05:49:34].
Mr. Bailiff (05:54:18):
Item recovered, Your Honor.
Your Honor (05:54:20):
Thank you, sir. Mr. Smith.
Mr. Smith (05:54:39):
And then Lieutenant Wells, State's Exhibit 46, same thing. Can you please open it? Lieutenant Wells, you have this labeled as State's Exhibit 47, labeled as what?
Lieutenant Wells (05:55:19):
46 is the RadioShack phone charging cord.
Mr. Smith (05:55:24):
I'm sorry, 46. Permission to publish same way, Judge?
Your Honor (05:55:27):
You may. Mr. Bailiff?
Mr. Smith (05:55:30):
Before you do, did you make any observations when you seized it or any special observations when you seized it or any time after?
Lieutenant Wells (05:55:36):
No, sir. I did not.
Mr. Smith (05:55:37):
Permission to publish at this time, Judge.
Your Honor (05:55:39):
All right.
Mr. Bailiff (05:55:39):
Item recovered, Your Honor.
Your Honor (05:55:39):
Thank you, sir. Mr. Smith.
Mr. Smith (06:01:14):
Thank you, Lieutenant Wells. I'm going to show you what's been marked as State's Exhibit 47. Do you recognize State's Exhibit 47?
Lieutenant Wells (06:01:28):
Yes, sir.
Mr. Smith (06:01:29):
What is State's Exhibit 47?
Lieutenant Wells (06:01:30):
State's Exhibit 47 is the paper bags that were marked with our agency case number, item number 10, the Devil vacuum cleaner machine in that photograph.
Mr. Smith (06:01:33):
As it appears in photograph number 49?
Lieutenant Wells (06:01:33):
Yes, sir.
Mr. Smith (06:01:33):
And what did you do with State's Exhibit 47 once you collected it?
Lieutenant Wells (06:01:33):
Transferred back to the sheriff's office and later taken to the state crime lab.
Mr. Smith (06:01:33):
Move to introduce state's exhibit 47, Judge.
Your Honor (06:01:33):
Any objection?
Mr. Britt (06:01:33):
No, sir.
Your Honor (06:01:33):
State's exhibit 47 will be admitted into evidence.
Mr. Smith (06:01:33):
Ask that you open that, Lieutenant Wells. And Judge, instead of passing that big item around, I would ask that we publish it to the jury. If Lieutenant Wells can just hold it up in front of the jury.
Your Honor (06:01:33):
All right, sir. If we can go ahead and step down and go ahead and display State's Exhibit 47 along the entire row there in front of the jury. All right, thanks.
Mr. Smith (06:01:33):
Lieutenant Wells, if you can, could you put that back in that bag?
Lieutenant Wells (06:01:33):
Yes, sir.
Mr. Smith (06:01:33):
Lieutenant Wells, did you make any observations about this State's Exhibit 47 when you collected it or after? Anything specially noted?
Lieutenant Wells (06:01:33):
No, sir. I did not.
Mr. Smith (06:01:33):
And where did you collect that red Dirt Devil or State's Exhibit 47 from?
Lieutenant Wells (06:01:33):
It was in that northeast corner bedroom.
Mr. Smith (06:01:33):
Do you remember where?
Lieutenant Wells (06:01:33):
No, sir. I do not exactly. I believe it was on the floor, but I'm not 100% positive.
Mr. Smith (06:01:33):
All right. I'm going to take you back to the pictures of that bedroom. State's Exhibit 35, picture 0031, that's the northeast bedroom, correct?
Lieutenant Wells (06:01:33):
Yes, sir.
Mr. Smith (06:01:33):
That's where you found the red earbuds and all the other phone cords we just published to the jury, is that correct?
Lieutenant Wells (06:01:33):
Yes, sir. It is.
Mr. Smith (06:01:33):
Along with the red Dirt Devil?
Lieutenant Wells (06:01:33):
Yes, sir.
Mr. Smith (06:01:33):
All right. State's exhibit or photograph number 32, 33, 34, 35. Does that appear to be it underneath that chair next to the bed?
Lieutenant Wells (06:01:33):
It's the right shape. Yes, sir. I believe that could be the upper end of the vacuum cleaner. Yes, sir.
Mr. Smith (06:01:33):
All right. Now, on November 13th, 2017, you went out to 104 Blackwater Drive around noon time to execute the search warrant, and we've just gone through 10 items of evidence seized on the 13th. Did you seize anything else on the 13th?
Lieutenant Wells (06:01:33):
13th. The sex assault kit and a envelope containing the hair evidence were delivered to me, Sergeant Kleiner.
Mr. Smith (06:01:33):
Okay. But from 104 Blackwater Drive, while you were out there processing, did you seize any other items at that time?
Lieutenant Wells (06:01:33):
No, sir. I'm not there.
Mr. Smith (06:01:33):
All right. While you were out there on the 13th, I'm going to take you back to photograph number 26 on State's Exhibit 35. We're looking into the living room around the couch area, correct?
Lieutenant Wells (06:01:33):
Yes, sir.
Mr. Smith (06:01:33):
Did you find any ligature or possible ligatures in this room?
Lieutenant Wells (06:01:33):
Not on that date.
Mr. Smith (06:01:33):
All right. On another date?
Lieutenant Wells (06:01:33):
Yes, sir.
Mr. Smith (06:01:33):
On another date? What day was that?
Lieutenant Wells (06:01:33):
I think it was the 17th.
Mr. Smith (06:01:33):
All right. What'd you find?
Lieutenant Wells (06:01:33):
We returned on the second search warrant on the 17th and a hot glue gun with a cord on it was found under the edge of the table there to the right of the couch.
Mr. Smith (06:01:34):
When you say right of the couch, if i-
Lieutenant Wells (06:01:34):
Yes, sir. Right about where you have that area now.
Mr. Smith (06:01:34):
In this area right here?
Lieutenant Wells (06:01:34):
Yes, sir.
Mr. Smith (06:01:34):
All right. And it was a hot glue gun, correct?
Lieutenant Wells (06:01:34):
Yes, sir.
Mr. Smith (06:01:34):
What item number was that for Pender County Sheriff's Office?
Lieutenant Wells (06:01:34):
This is item number 26.
Mr. Smith (06:01:34):
I'm going to show you what's been marked as State's Exhibit 48. Do you recognize 48?
Lieutenant Wells (06:01:34):
Yes, sir.
Mr. Smith (06:01:34):
What is 48?
Lieutenant Wells (06:01:35):
48 is a paper bag marked with our agency case number, item number 26, identified as a hot glue gun.
Mr. Smith (06:10:00):
And did you seize this hot glue gun on the 17th?
Lieutenant Wells (06:10:04):
Yes, sir.
Mr. Smith (06:10:05):
And did you send it off to the crime line?
Lieutenant Wells (06:10:07):
Yes, sir.
Mr. Smith (06:10:07):
Move to introduce State's Exhibit 48.
Your Honor (06:10:08):
Any objection?
Mr. Britt (06:10:08):
No, sir.
Your Honor (06:10:11):
State's Exhibit 48 will be admitted into evidence.
Mr. Smith (06:10:13):
Can you open that item, State's Exhibit 48, up for me? Did you make any special observations about this hot glue gun when you seized it or any time after you seized it?
Lieutenant Wells (06:10:57):
No, sir. I did not.
Mr. Smith (06:10:58):
You didn't. Strike that. Move to publish this the same way we did with the other courts, Judge.
Your Honor (06:11:05):
With the charging cords?
Mr. Smith (06:11:06):
Yes.
Your Honor (06:11:07):
Okay. Mr. Bailiff, if you can go ahead and pass that to the juror.
Mr. Bailiff (06:11:07):
Item recovered, Your Honor.
Your Honor (06:15:48):
Thank you, sir.
Mr. Smith (06:15:50):
Lieutenant Wells, can you put that back in the bag? We're looking at State's Exhibit 26 and going back to the time that you were processing this living room area. Did you see any other ligatures or possible ligatures in this area near [inaudible 06:16:25]-
Lieutenant Wells (06:16:27):
No, sir.
Mr. Smith (06:16:30):
Did you see any dog leashes or collars when you processed 104 Blackwater Drive on 11/13/2017?
Lieutenant Wells (06:16:40):
No, sir.
Mr. Smith (06:16:45):
Judge, I think this is a good place before we transition to something else with this witness. I think it's a good day or a good time to stop for the day.
Your Honor (06:16:53):
Okay. All right. Members of the jury, we're going to go ahead and break for the day. Go ahead and close up your notebooks. Let's take off your gloves. Bailiff is going to pass around this trash can so you can put them in the trash can. Go ahead and take those red badges off and put them into your notebooks. I remind you, ladies and gentlemen, not to have any conversations amongst yourselves regarding this case, especially as you go home for the day. Do not discuss this case with anybody else, including friends, family members, or coworkers. Do not allow anyone else to discuss this case in your presence. Do not conduct any independent investigation or inquiry, especially going online on any media sites or any social media sites.
(06:18:04)
Do not have any contact with any of the parties, attorneys, or witnesses, and do not post online on any social media sites regarding your experience as a juror. So at this time, you are all excused and we'll reconvene again tomorrow morning at 9:30. Thank you.
Mr. Bailiff (06:18:18):
Thank you, Your Honor. Once again, make sure you have your juror badge attached, place with your closed notebook. Leave those in chairs when ready. Front row, then back this way, please.
Your Honor (06:18:37):
Can you tell him to get the phone numbers from all the jurors?
Speaker 28 (06:18:41):
We got them.
Your Honor (06:18:41):
You got them?
Speaker 28 (06:18:41):
Mm-hmm.
Your Honor (06:18:42):
Okay. Thank you.
Speaker 28 (06:18:45):
Maybe I should call them [inaudible 06:18:48]
Mr. Bailiff (06:19:00):
Jurors left the courtroom.
Your Honor (06:19:01):
Thank you, sir. Let the record reflect that the jury has exited the courtroom. Sir, at this time, you may step down from the witness stand. State, is there anything we need to discuss?
Mr. Smith (06:19:23):
No, Your Honor.
Your Honor (06:19:25):
Mr. Britt?
Mr. Britt (06:19:26):
No, sir.
Your Honor (06:19:27):
Okay. We will be in recess until tomorrow morning at 9:30.
Mr. Bailiff (06:19:30):
Court will be in recess till 9:30 tomorrow morning. 9:30.
Your Honor (06:19:33):
[inaudible 06:19:50] I think what we're going to do is put it in set [inaudible 06:19:57].
