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"That's a clue. That's evidence" DA Zon says there is more than circumstantial proof on Chris McNabb — Transcript

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0:00Hi, this is Kimberly. Welcome to part
0:03three of day six of the Chris McNabb and
0:07Courtney Bell trial, the kissing cousins
0:11who were in name only the parents to
0:14their newborn baby Kaylea Claire McNabb.
0:17So, we've reached the part where Miss
0:19Son is going to do her closing
0:22arguments, her closing statements,
0:24whatever it's called, but I knew her
0:27closing arguments would be powerful, but
0:31I didn't know just how much so. Put on
0:34your seatbelt, guys. I don't want to
0:36talk about her closing arguments cuz I
0:38want you guys to judge how you feel
0:41without my influence, although I've
0:43already given you some by saying it was
0:46powerful, but we know her. She's been
0:49this way throughout the trial. She
0:51doesn't miss a beat. She's fast, she's
0:54powerful, quick on her feet, she's rude,
0:57puts people in their place. She wants
1:00everybody to know who is the boss, and
1:02that would be her. That would be our
1:05resident cheerleader, Miss Son. So, I'll
1:08make this quick. I know we all want to
1:11see this, and why does she get two hours
1:13of closing statements when the gentlemen
1:16were only allotted one hour apiece or
1:19just under an hour, it seems. And I know
1:22they talked about it, but I must have
1:24been asleep at that point cuz some of
1:26the the formalities get kind of boring
1:30for me. So, since we don't want to talk
1:32about Miss Son, let's talk about
1:35Courtney Gilmore's Malcolm Moss, the
1:38girl that was texting with [ __ ] face,
1:42math lab that day. So, what did you make
1:45of that girl, the young lady who when
1:48she entered the courtroom, the other
1:50Courtney was ready to just pounce up out
1:53of her seat and go to pounding on her
1:55like I know she's done before, but her
1:57lawyers restrained her. They're like,
2:00"No, no, I you're going to make it worse
2:02on yourself, so back down." Rrrow.
2:06Myself, I would be afraid for her to
2:08come after me, even before she put on
2:11all that weight. Courtney ain't scared
2:14to fight. Our Courtney, not Courtney
2:17Gail Morris Malcolm Moss and so on.
2:21I don't know much about her, but our
2:23Courtney routinely beat up girls that
2:26Chris would cheat on her with. And he
2:28didn't like that. No, not one bit. He
2:31just wanted her to pretend it wasn't
2:33happening.
2:35Or better yet, to be okay with it. To
2:39me, it would be easier to end the
2:41relationship, but she wasn't willing to
2:43do that, which is part of the reason
2:46we're all gathered here today, right?
2:49But the girl Courtney that was on the
2:51stand, I think this is how it is in my
2:55mind, that they were kind of trying to
2:57help her save face. Basically, they just
3:00wanted her there to spill the beans on
3:03Meth Lab. And they weren't going to put
3:05out all of their messages, cuz that
3:07wasn't really necessary for their point.
3:10But I can only imagine what Romeo said.
3:15Romeo Meth Lab 2.0, Chris and [ __ ]
3:18[ __ ] you need a slap across the
3:20face, punk. McNabb. Yeah, whatever. Get
3:25out of here with that [ __ ] you
3:27weenie. I can only imagine what he said
3:30to her while he was supposed to be
3:32focusing on his family. He's just a
3:35piece of [ __ ] She had posted a picture
3:38of herself on the 6th of October, the
3:41one with the braids and the colored
3:43hair, and that apparently encouraged our
3:45pinhead Chris and [ __ ] 2.0 to think with
3:49his dick and want to try and get to know
3:51her, even though he's just had a baby,
3:54and he's just failed to mention that to
3:57her. Why aren't there any pictures of
4:00baby Calea with her, quote unquote,
4:02parents, with her biological parents?
4:05I've not seen one picture of Courtney
4:08holding the baby, and there's only one
4:11of Meth Lab. He just wanted that for his
4:13own narcissistic needs. I don't know why
4:17him and this other Courtney have not met
4:19before or she openly admitted that she's
4:22a partaker of methamphetamine, as is
4:25most of those people that have come to
4:28testify there that weren't on the law
4:30enforcement end. So, it appears they ran
4:33in the same social circles.
4:36In fact, that was currently why she was
4:39locked up for possession of
4:41methamphetamine. I She was asked, "Well,
4:43weren't you selling it, too?" And she
4:45goes, "No, I was not." Like a very
4:48indignant Southern Belle.
4:50Apparently, that's when they award you
4:53the orange costume, is when they bring
4:56you in to lock you up for
4:58methamphetamine, various charges of
5:01that, and some of them are awarded their
5:05orange costume to wear for life.
5:08I have a sneaking suspicion that the DA
5:11didn't force Courtney Gilmore's Malcolm
5:14Moss to lay out all of what she and
5:16Kristen [ __ ] 2.0 talked about, cuz I
5:20don't think she wanted to embarrass her.
5:22There was no point in that. Some girls
5:25don't want to be portrayed as a trollop,
5:27even in that neck of the woods. I think
5:30there's just a little bit more to their
5:32conversations than what they claim to
5:35have talked about or what she claimed to
5:37have talked about on the stand. As I
5:39said, that picture garnered some
5:41interest from him. I guess he had not
5:43run into her before, but he wasn't going
5:46to let having practically a wife and and
5:49a whole family with a newborn, that just
5:52was not going to stop him from running
5:54buck wild and seeking out new mates of
5:58maids of milking. Hell, I don't know
6:01what you call them around those parts.
6:04I don't know
6:06you know what to build a
6:08it
6:09seeking out new women to do the
6:12procreation thing with except for
6:15without the procreation. I wonder if
6:17they all pass VD around to each other
6:20and stuff, too. It seemed like and I
6:22don't mean Valentine's Day. People just
6:25passed partners around like they did
6:29a hookah or
6:31a blunt. That's what they called it,
6:33yeah, but or say take square dancing for
6:37example. Swing your partner do-si-do.
6:41You get what I mean.
6:44You know, he didn't want to build a
6:45lifetime relationship with any of those
6:48Courtneys out there. He just wanted to
6:50get in their pants and then I'm done
6:53with you and you damn piece of [ __ ]
6:55But, anyway, that's that. I'm going to
6:58I'm going to let y'all get on to
7:00watching Miss Zahne. She kept my
7:03attention throughout. Let me tell you
7:05that much. And so, you go on about your
7:08way enjoying the drug abusing so-called
7:11parents accused in the murder of their
7:1315-day-old sweet cherub angel Kaleia
7:17Clara McNab. So, I will bid you farewell
7:20for now so you can immerse yourself and
7:24so Miss Zahne can reiterate and remind
7:27jurors about all the key evidence that
7:30she has presented them to persuade them
7:33to see her way and tie this up with a
7:36pretty bow and do her emotional plea for
7:39justice for baby Kaleia and put another
7:42notch in her belt as well. Let's face
7:45it. She doesn't do this for purely
7:47selfless reasons, now does she? Hope you
7:51find as much interest in this part of
7:54the trial as I have. Much love and
7:56peace. Thank you for listening.
8:00Okay, Bobby, be seated.
8:03Ms. On, you may proceed with your
8:04opening.
8:06Thank you, Judge.
8:18Members of the jury,
8:20Caliyah McNabb
8:23was the purest, most innocent
8:27form of human life.
8:30If you just look at her little fingers,
8:35her little nose,
8:37her sweet little chubby cheeks,
8:40those precious lips on her.
8:45She was a little angel.
8:48She was a gift
8:51to Courtney Bell and to Chris McNabb.
8:55And like all newborns are, she was tiny.
9:00She was fragile.
9:02She was dependent
9:06on both of them
9:08for care,
9:09for love,
9:12for nurturing,
9:14and for protection.
9:16Courtney Bell
9:20and Chris McNabb
9:22should have come in between any
9:26thing,
9:27whether it be a drug,
9:30any sort of environment,
9:34to protect this child.
9:37And yet the shows that when this child
9:40left the hospital on September 27th,
9:45she left those nurses there,
9:49those loving, caring nurses there that
9:51serve and care for newborn babies,
9:55and she walked out of that hospital, was
9:57carried out of that hospital
10:01by two people,
10:04unfortunately,
10:07Courtney Bell
10:08and Chris McNabb,
10:10and her fate was all but sealed.
10:14That child was doomed
10:18the moment they left that hospital.
10:22As they walked through that parking lot
10:24there at Piedmont Newton, and they got
10:26into what I like to call the meth
10:28mobile,
10:30the PT Cruiser,
10:33the one where Shane kid was sitting in
10:34the back
10:36with a broken jaw and a drain
10:39coming out of the back of his face.
10:43Who does that?
10:45Who goes and picks up a newborn baby,
10:50goes back to Eagle Point Mobile Home
10:53Park,
10:54and brings a child,
10:56an innocent, sweet child. You can almost
11:00smell her.
11:02That smell of a newborn baby, the way
11:04their skin feels,
11:08the little cries, the little coos,
11:11the way their little eyes open up and
11:14observe everything around them. They
11:15took pure innocence
11:19and brought that child into their life
11:21of hell.
11:25And you know,
11:28Kalia may have
11:31had a mother who tried to love her.
11:35There's no question that her father
11:37didn't love her. There's no question
11:38that Chris McNabb did not love that
11:40child.
11:43Chris McNabb didn't love the child's
11:45mother.
11:49And we know
11:51that Courtney Bell believed that she
11:54loved Chris McNabb.
11:56But while Chris McNabb
11:58was chasing dope
12:00and chasing his lifestyle, his
12:02independence, and his freedom
12:05Courtney was chasing Chris McNabb.
12:09Courtney was following after him
12:11instead of putting her child
12:15and the child's protection and the
12:17child's needs first.
12:20She put that child
12:22in danger.
12:25She jeopardized that child's well-being.
12:29You heard her own father, as much as he
12:32loves his daughter
12:34as much as it was
12:36painful for him to say on the stand, you
12:38heard his own words
12:40when he called 911 on October the 3rd
12:43and said, "The way I see it
12:45they've abandoned those young'uns."
12:48They were dumping their children off
12:51just days after the little baby comes
12:54home from the hospital, 6 lb.
12:57A 6-lb child that needed to be fed,
13:01changed, held, loved.
13:06We can only thank God that that little
13:08baby spent a few days with Megan
13:10Sorrells because that may have been the
13:12only time
13:14in her 14 days that she was alive
13:19that little Khaleesi was ever held. That
13:22little Khaleesi was ever loved.
13:26Maybe just in those few between October
13:281st and October 3rd when she was left
13:31over there, dumped over there really by
13:32her mother, so she could go around and
13:35try to find her cheating boyfriend who's
13:38going from dope house to dope house and
13:40beating her up in the in between.
13:43Maybe.
13:45In fact, Megan Sorrels testified to it
13:47that she did hold the child to her her
13:49chest, to her her bosom.
13:52And so maybe just in those few little
13:55days, those few hours of
13:58little Caliyah's life,
13:59did she know
14:01what it felt like to be loved,
14:04to be wanted,
14:06to be protected.
14:08And unfortunately,
14:10Megan will always regret
14:12that it got too much for her because she
14:14had her own children.
14:17And of course, she called and
14:19asked her mother for help, that she
14:21needed a break, and that set the chain
14:22of events in motion where Tim Bell said,
14:25"You know, y'all should have told me
14:25this earlier."
14:28Tim Bell
14:30is a decent man.
14:32Tim Bell
14:33cared about these children.
14:36Tim Bell came and got that car. Why do
14:39you think he took the car away from
14:40Courtney and Chris?
14:43Did you not
14:45Did they not need the car
14:48to to take care of the child, to take it
14:49to doctor's appointments? He took the
14:51car away from Courtney and Chris because
14:52he knew what that car meant. He knew
14:54what that car was for them.
14:56It was their way to get around town and
14:58get from dope house to dope house and
14:59pick up dopers and bring them to their
15:01house.
15:03It was the meth mobile indeed.
15:07These children were only provided for,
15:10to the extent that they were provided
15:12for,
15:13because of the grandparents, because of
15:16Tim Bell.
15:17There was even some
15:19uh
15:19statement by Mr. McNabb, I believe, in
15:21his final interview on December the 13th
15:23that he gave um in 2017, that his father
15:27was helping. That his father would, um,
15:30you know, send money to help pay for the
15:32rent.
15:34Mr. McNabb, the defendant, had an
15:37opportunity to work.
15:39His father owned or or worked in a
15:41successful, you know, business
15:44laying pipe, I believe he said, and he
15:45paid well.
15:48Chris McNabb was just so sorry that he
15:50wouldn't get up and go to work.
15:52He cared more about traveling around the
15:54community and smoking dope than
15:56providing for his children, even to the
15:59extent that on October the 5th, when
16:02when Courtney's over at her dad's house,
16:05and she's texting him, and we showed you
16:08that in the Facebook messages throughout
16:09that day, and she's trying to get him to
16:12come back to her, essentially,
16:14he's saying, "Well, why don't you just
16:15stay there? Why don't you and the kids
16:17just stay there?
16:18You know, I love you, but I just can't
16:20be involved in y'all's life. The bells
16:22went. I'm not going to be able to,
16:25you know, provide,
16:28you know, which is just silly."
16:30He had an opportunity to work, and he
16:31didn't.
16:33He even said that, I believe, in the
16:34first interview that he just wouldn't
16:35get up and go to work. Just didn't feel
16:38like it. There was just too much going
16:39on. Well, we now know what all was going
16:41on in the days leading up to little baby
16:43Khaleesi's,
16:44um, unfortunate and untimely death
16:47because we know that he was traveling
16:49around using methamphetamine,
16:51and we know that he was even in, uh,
16:54September
16:56luring people to his trailer so that he
16:58could beat them up with brass knuckles,
17:01and all sorts exposing, again, his his
17:04pregnant wife
17:06and the child that they had together
17:08already to this sort of violence.
17:11Now, keep in mind an important point as
17:12well, because it was raised, I believe,
17:14by both defense attorneys in their
17:16closing arguments, that there was no
17:18evidence that Mr. McNabb had ever harmed
17:20either of the children.
17:22Well, that's true.
17:24But you also heard evidence that Mr.
17:25McNabb was not involved in Clorissa's
17:28life for the first 18 months.
17:31So, that makes it kind of hard
17:32for him to have abused the children when
17:34he's not even there
17:36for 18 months of her life.
17:38And poor
17:40uh
17:41Kalia, she's only 14 days old.
17:45So, it's really not a a very strong
17:46point to make to say, "Well, there's no
17:48evidence that he had abused her before
17:49the night that he smashed her her brain
17:51in her her skull in."
17:55He wasn't involved as a father.
17:57He sat there in his first interview and
17:58lied
18:00and told everybody how much he loved his
18:03babies.
18:05But the reality is those are words and
18:07talk is cheap.
18:08He didn't love those babies. He didn't
18:10love
18:11Courtney.
18:13And he turned on that charm and that
18:15manipulation
18:16when he was sitting in that room with
18:17her with the two of them together by
18:19themselves.
18:20Boy, he loved her then, right? She's
18:23going, "What could have happened?
18:24What happened to the baby?"
18:26"Oh, baby, I love you so much. We need
18:29each other. We're going to get through
18:30this."
18:32Yeah, he needed her, all right.
18:34He needed somebody to to make sure he
18:37wasn't busted on his faulty timeline.
18:44Yeah, he's a manipulator. He's a good
18:45liar.
18:47We could uh maybe cut the lights a
18:49little bit.
18:51So, first I want to talk about McNabb.
18:53And I want to reiterate the point that
18:55not only Judge Otis made, but also the
18:57point um that the uh defense attorneys
19:00just made to you. And it's very
19:01important in this case. And that is that
19:02they are charged um differently. So, you
19:05know that Mr. McNabb is charged in the
19:08indictment with malice murder and two
19:10two of felony murder. So, he's charged
19:12with killing this child.
19:15She is charged with murder in the second
19:16degree,
19:17which is a different a different type of
19:20charge of murder. That's essentially
19:21that she was negligent in caring for or
19:24not caring for this child, and because
19:25of that negligence, this child died.
19:28So, when we talk about Mr. McNabb's case
19:30first, we're going to talk about him.
19:31The evidence I'm going to talk about,
19:34the arguments I'm going to make now,
19:35first you're going to
19:36be applicable to Mr. McNabb's case. And
19:39then I want to talk about Ms. Bell.
19:41But with respect to Mr. McNabb, this is
19:43a quote from his December 13th, 2017
19:46interview.
19:47I think it's great. He says, "And the
19:48evidence is evidence. I can't argue with
19:51evidence. But still though, like just
19:53because all that, anything that might
19:55have been around was mine, doesn't mean
19:57that I had to be the one to do it. It
19:59doesn't mean that I'm the one that done
20:01it."
20:02Yeah.
20:04It's a very strong reason to believe
20:06that I did it.
20:07He knows how powerful that evidence was.
20:10That his child is found in his bag
20:14with his clothes. He's conceding that by
20:17that third interview.
20:21Completely innocent, completely
20:22defenseless Kalia.
20:24She had absolutely no home.
20:28She was born just weighing 5 lb and 6
20:30oz. She was discharged to this
20:33environment. This is the place where she
20:36was brought home to stay. If you can see
20:39there, of course we know that there were
20:41some clothes that were tossed around.
20:43So,
20:44we're certainly not suggesting that this
20:46is the way the home looked on the, you
20:50know, the night of the 6th or even the
20:51early morning hours of the 7th, but you
20:52can clearly see Mr. McNabb in the bottom
20:54left corner of this photograph pointing
20:56this out to Jeff Alexander.
20:59And of course you can see the little
21:01sleeper that she was in.
21:04And in that sleeper was uh this item
21:06that was introduced into evidence um as
21:09state's exhibit number 63 and that was
21:11the actual
21:12bedding that went in the sleeper and we
21:14showed you that earlier and there was no
21:15evidence by looking at the sleeper
21:17whatsoever that baby Kaylea had suffered
21:20any sort of injury inside of the sleeper
21:23where there would have been a lot of
21:24blood or anything to test there. Of
21:26course, had there been blood, we know it
21:28would have been baby Kaylea's blood
21:30but even if you look at this photograph
21:31close up and we've introduced these
21:33photographs for you into evidence and
21:35you'll have all of this evidence when
21:36you go back into the jury deliberation
21:38room
21:40but you can see in
21:42states 122 and states 123 that around
21:46the area where the child was found
21:48or was sleeping last, there's no
21:50evidence of any crime scene. There's no
21:52blood there.
21:54So,
21:55that becomes relevant when the law
21:57enforcement officers are being
21:58criticized by the defense because they
22:01didn't search the whole trailer for a
22:03crime scene.
22:05Well, there were tons of officers there
22:08in the trailer that day. Not only in
22:09that scared Alexander and Mickey
22:11Kitchens but all those deputies, many
22:13more than what you actually heard from
22:15on the stand, you heard that there were
22:17others around there as well.
22:20Several family members were there as
22:21well.
22:23Everybody
22:24besides Chris McNabb
22:26was diligently in that trailer looking
22:28for what possibly could have happened to
22:30this child and so there was no quote
22:32unquote crime scene and that again goes
22:35it's consistent with the evidence from
22:37Dr. Diers saw that this was a closed
22:40wound to the head. So, there wouldn't
22:42necessarily be a crime scene. There
22:44would not be blood that you might expect
22:46even though the internal injuries were
22:47horrific looking.
22:49We saw her her brain being essentially
22:51poured into a cup but that was all
22:53contained inside of her head and she has
22:55passages like we all do, you know, a
22:57nos- nostrils and a mouth where blood
23:00could have escaped and of course the
23:01child was wrapped with clothing which
23:04would be highly suggestive that the
23:05child was killed there inside of the
23:07trailer. It certainly would not make
23:09sense that a person would grab the
23:11child, grab the bag, just randomly grab
23:15three items of clothing, then take the
23:17child outside to kill the child because
23:19it's it it appears, although there's,
23:21you know,
23:22no requirement that the state proves
23:24where the child was killed, but it
23:26appears that those items were used to
23:29contain the blood to make sure that that
23:31there was not a crime scene.
23:34Now we know the child was abandoned.
23:37We heard testimony from Megan Sorrells,
23:39we heard testimony from Melissa Davis,
23:41and we heard testimony from Tim Bell.
23:45They all say
23:47that they cared about that car.
23:50I believe it was Kim Weatherford that
23:52testified that Courtney Bell even said,
23:55"We'll trade you the kids for the car."
23:58Mr. Tim Bell actually says that it was
24:00the defendant Chris McNabb that said
24:02that,
24:03but they were certainly interested in
24:04getting that car, and we know that also
24:06from the text messages or Facebook
24:07messages between Courtney and Chris on
24:09the 5th.
24:10When he's trying to tell her how to
24:11sneak the car out of her father's house.
24:14And he's trying to say, "Basically, if
24:16you get that car,
24:18then I promise I won't beat up on you
24:19anymore.
24:20You know, I'm sorry for everything I've
24:22done. I just need you to get that car."
24:23That's all he cares about is the car.
24:25That's his ride around the community.
24:27She even calls him out and says, "All
24:29you care about is that car."
24:31And that's in the context of her
24:34offering to do sexual favors. She's
24:35doing everything to try to get him back
24:37to her.
24:38And he's like, "Not now, not now. We
24:40have time for that later. I want you to
24:41get the car." That's all he cares about.
24:44Now Megan Sorrells, of course,
24:46it was hard for her to come testify.
24:47That's her first That's her cousin.
24:50But she told you that
24:53the kids have been dropped off and had
24:54not been picked up for quite some time.
24:56So we know that was between the 1st and
24:58the 3rd.
25:02And we know that Melissa Davis
25:04was the lady who lived up at the top of
25:05the hill
25:07and that she came down there on that
25:09morning to try to help look for the
25:11child.
25:12And she had contact with Chris McNabb
25:14who said,
25:15um, "They're going to think I did it."
25:17First thing he says to her.
25:20Now, we know that
25:22they also knew D-Fax could take the
25:24children because Courtney Bell actually
25:25says that in her statement.
25:28She says, um, "We got to get our babies
25:30home, Daddy.
25:32D-Fax could take them."
25:34So, if she's aware of the fact that
25:37their parenting, or lack thereof,
25:39is going to allow the law to come take
25:42her children,
25:44and the defense wants to argue that
25:45that's not negligent or neglect, that's
25:47a big problem.
25:49How do you reconcile those two?
25:51She knows.
25:52She knows that she's going to lose her
25:53children.
25:56The child goes from the hospital, as I
25:57said, to hell.
26:00Here you can see the picture that Mr.
26:01McNabb used to update his Facebook
26:03profile
26:045:51 a.m.
26:07Just hours before,
26:08um, the 911 call was made.
26:11You know, if you have a Facebook
26:13account, it's interesting you scroll
26:14through, if you ever scroll through your
26:15Facebook account or your Instagram or
26:17whatever social media application you
26:19might have,
26:21and one of the most popular,
26:23um,
26:23post or photographs that are on social
26:26media are of newborn babies. People are
26:28so proud of them. Look at my grandchild,
26:30or even pictures of, you know, from in
26:32the hospital they're showing the baby,
26:33not hopefully being birthed, but right
26:35afterwards being held by the mother or
26:37the father.
26:39Was Mr. McNabb the person that, you
26:41know, is being described as a proud
26:42father? Was he posting pictures of his
26:44new baby? No.
26:46He's posting these kind of pictures of
26:48himself. Look at me.
26:51Look at me, uh, Courtney Morris who I'm
26:53trying to hit on, Uh, um, there at the
26:55house in the trailer with my two kids
26:58and my wife just hours before my child
27:01is, uh, deceased.
27:04He's all about him. I mean, it's clear
27:06in this trial
27:07that, you know, we let's talk about the
27:09things that we've proven before we even
27:11get to the murder. We've proven that
27:12Chris McNabb is all about Chris McNabb.
27:15That's all he cares about. That's the
27:17only thing that he cares about. He's a
27:19very much of a self-preservationist.
27:22All this fake crying and fake tears that
27:24he did in the interviews about how much
27:25he loved his children, and then he did
27:27in the courtroom,
27:28are a joke.
27:30They're not real.
27:32I would not say the same thing about
27:33Courtney, by the way.
27:35Courtney legitimately cries during not
27:38only on the 911 call, you can hear she's
27:39upset, you can see that in the body
27:41camera videos when the police just get
27:43there.
27:44She's genuinely concerned about where
27:46her child is. And she is genuinely
27:48concerned in the interview.
27:51On the first interview in particular, on
27:52the 7th.
27:56Her tears are real.
27:59I would imagine that some of her tears
28:00in this courtroom have been real because
28:02she's seen for the first time what
28:03exactly
28:05has happened to her child.
28:08But he
28:10he's just acting.
28:12And you can hear that on the phone.
28:15You can hear and he can shake his head
28:16at me all day long, too.
28:18But you can hear that on the phone and
28:20when he gets on the phone and he starts
28:21with his tears
28:23with her and then as soon as it he
28:25switches the subject back,
28:27you know, "I love you, baby." He's off.
28:29That you know, he can he can cut that
28:31off like a water faucet.
28:32It's just manipulation. It's all it is.
28:36And then there is, you know, the
28:39hookah, the drug paraphernalia that he
28:41dumps out in the woods.
28:43He's hiding all that on that particular
28:45day, but we know and you've heard
28:47testimony about them smoking dope inside
28:49of the residence. You've heard Shane
28:50Kidd was over there and Matthew Lester
28:52and they were smoking methamphetamine.
28:53You've heard Craig Weatherford come over
28:54there and smoke methamphetamine.
28:57So, that house was, you know, sort of a
28:58den. It's one of the little hot spots in
29:01town, if you will.
29:02You heard about some of the other
29:03locations where you could go and smoke
29:05um methamphetamine.
29:09And, you know, what's interesting about
29:10that is
29:12somehow we've lowered the bar now and
29:15and
29:16the
29:17argument made by Ms. Bell's attorney in
29:20closing argument is, you know, if
29:22that's, you know, bad parenting then
29:24we're in trouble, you know, there's lots
29:25of that going on. Well, it
29:28it is bad parenting.
29:30That should be
29:31crystal clear. That shouldn't even be
29:33argued or disputed by anybody.
29:35Anybody who brings a child into a home
29:38where drugs, I mean, we're not talking
29:40about marijuana and I'm not saying
29:41marijuana is good either, but I there's
29:43a big difference.
29:45If you want to smoke marijuana
29:47versus smoking a drug that changes and
29:49alters
29:52your your awareness. I mean, Chris
29:54McNabb is talking about having
29:56out-of-body experiences with these
29:58drugs.
29:59Like weird stuff. I could I knew exactly
30:02what I was doing on both sides of my
30:04alternate universes, the the my
30:06out-of-body side and my real side. I
30:08mean, that's just some wacky stuff.
30:11You know, you heard these terms about
30:12people that are wigging and people that
30:14are
30:15you know, whacked out on these drugs and
30:18that's a real thing.
30:20Independent of the way the drug affects
30:22the body,
30:24you've also got the fact that they're
30:25going for days on these drugs and lack
30:27of sleep.
30:29So, I can't emphasize enough just how
30:31the use and the smoking of the
30:33methamphetamine in and of itself is such
30:35a horrific environment for a child to be
30:38raised in.
30:39Because if you think about it, just to
30:41the points that were made by the defense
30:42about the the neediness of a newborn
30:44child needing to be um cared for every
30:47couple hours, needing to be changed,
30:48needing to be um you know, fed or held
30:51or rocked to sleep or given a bottle,
30:53whatever it might be. Children are are
30:56high maintenance when they're young
30:57children, which by the way also sort of
30:59defeats the argument that anybody
31:00kidnapped the child. Um but it's it's a
31:04true fact that this child needed a lot
31:06of attention. Well, why would it then
31:09not be cruel or neglect to alter your
31:12state of mind
31:14to make you agitated or irritable,
31:16to make you in a a place where you might
31:18sleep for days on end because you've
31:20been up for two or three days. Um all of
31:23those things are factors that should be
31:25considered in terms of the environment
31:26that they brought this child into. Um
31:28but they also brought this child into an
31:30environment where there was, you know,
31:32cruelty inside of the residence. We know
31:35that he's beating somebody up with brass
31:37knuckles just days before inside of this
31:40trailer.
31:42And having Courtney and Clarissa come
31:44pick him and Shane Kidd up over off
31:46Henderson Mill Road so they could get
31:47away.
31:48What a great What a wonderful thing to
31:50take your 2-year-old daughter on a field
31:53trip to go pick up daddy who's just run
31:55through the woods after he beat the
31:57living daylights out of somebody and
31:58he's hiding from the police like a
32:00coward.
32:03There's blunt force trauma in this case.
32:05There's no question that the state has
32:06proven this is a homicide.
32:08There's no accident. There's no
32:11cover-up. The defendant said it was no
32:13accident. We know the little sister
32:15didn't drop her and cause these
32:16injuries. We know that they were
32:18severely inflicted um injuries. In fact,
32:22Dr. Barrasso
32:23testified
32:26that there was no features of a
32:27laceration on the child but an incision
32:29of some sort, that it was a closed head
32:31injury,
32:33that it was a crushing injury, that
32:36there was multiple blunt force possible
32:38in this case. In other words, multiple
32:40blows that would have caused these
32:41injuries to the child.
32:43That it appeared to be a significant
32:44crushing.
32:47She said this looked like a crushing
32:49case to her. Somebody crushed this
32:51child's head in.
32:53It's been proven how she died. We hear
32:56all these defense questions. Who, what,
32:58when, where, why? I can answer them very
33:00quick. Who? Chris McNabb. What? Blunt
33:03force trauma. We don't have to prove
33:06what instrument or object was used. It
33:08could have been a hand, it could have
33:09been brass knuckles, it could have been
33:10a shoe, it could have been that he took
33:12the child and slammed it against the
33:13front porch railing, it could have been
33:15that he took the child and slammed the
33:16child against the bathroom sink or the
33:19bathroom tub. We don't have to prove the
33:21instrument. Why?
33:24Motive is not required, but I'll give
33:25you several whys because he's a violent
33:28person.
33:29Because you've seen it, he has a fuse
33:31that is very, very short. You saw him
33:34slam lay on his fist down in that
33:36interview room in that second interview.
33:38I didn't kill my GD child.
33:42You saw and heard him
33:44um on the 911 call with Courtney Bell.
33:46Or or excuse me, not the 911 call, the
33:48jail call that we played yesterday
33:49afternoon. He starts going crazy on her.
33:53Yelling, screaming.
33:55You saw what he was capable of doing uh
33:58to his own hand when he slams his fist
34:00into the trailer they're inside of the
34:02residence.
34:04We've heard testimony that he took his
34:05TV and threw it out of the window of the
34:08trailer.
34:10We've heard testimony about the fact
34:11that he beat the pulp, the living
34:14daylights out of Matthew Lester. So, he
34:16is a violent, impulsive, angry person.
34:19And you put meth you you put
34:21methamphetamines, you fuel that fire up,
34:24that's like pouring gasoline on a fire.
34:27That is would be a why, although we do
34:30not we're not required to prove motive.
34:33We're not required to prove it at all
34:34and I'll get to that in a little bit
34:35when I explain the law and the judge is
34:36going to instruct you on that.
34:39Where? Does it matter where? If the
34:41child was killed inside the trailer, if
34:42he took the child outside of the
34:43trailer.
34:44All of the where that matters is that
34:46the child was killed here in Newton
34:47County because we have to prove that
34:48beyond a reasonable doubt. But other
34:49than that, it doesn't matter where the
34:51child was killed. Think about it.
34:52There's dead bodies found all the time.
34:55You heard that on the news. Found a dead
34:56body in the woods off of I-75. Found a
34:58dead body in a hotel room off of 285.
35:01You don't have to prove where
35:03the wounds were inflicted.
35:06You just have to prove where the child
35:08was killed. Child was killed in the
35:09trailer, the body was found in the
35:11woods. The child was killed outside of
35:12the trailer, the body was found in the
35:14woods. The state has proven beyond a
35:15reasonable doubt that it was blunt force
35:17trauma.
35:19And that it was consistent with
35:20crushing.
35:23Now, what does your common sense tell
35:24you about the way and the condition in
35:27which that the body of Kaliya was found?
35:30That's very important.
35:31Um, because you have to use your common
35:34sense in this case. I mean, you can't
35:35just turn on CSI mode and try to have
35:40everything hand-fed to you and digested
35:43for you. You've got to think and use
35:44your common sense, right? Like the
35:46investigators did.
35:48It It's been suggested that, you know,
35:50this has been a guided investigation
35:52that, you know, investigator Alexander
35:54just jumped to conclusions. Well, no,
35:57but he also looks at clues.
36:00I mean, you you don't you you you don't
36:02become a a detective or law enforcement
36:04officer and throw your common sense out
36:06the window when somebody has reported
36:08that their child has been kidnapped
36:11and the father is nowhere to be found on
36:13scene
36:15and the mama's having to text him and
36:17say, "Where are you? They want to know
36:19where you're at. The popos here. What's
36:20going on?"
36:22And he's running through the woods and
36:24running down Henderson Mill for some
36:26random reason. Well, that's that's
36:28called a clue
36:30in law enforcement. That's called a clue
36:33in every world.
36:35When he gets up on the camera that
36:36night, oh, that's another example by the
36:38way of his impulsive, angry
36:42dramatization, if you will, of that in
36:44that when he gets in front of WSB-TV
36:46cameras and he's like, "I want kid back.
36:49That's my child. I want my kid back."
36:51It's full of anger.
36:54That's a clue, too. You look at that and
36:55go, "Hmm,
36:58he might have done it."
37:00Hey man, I don't know who got my kid,
37:02man,
37:03but I want my kid back, man. That's my
37:06child, man. I want my kid, man.
37:10These
37:11It's it's evidence. That That is
37:13evidence, by the way. So, we'll talk
37:15about what circumstantial evidence is,
37:17but the the defense characterizing this
37:19case is, you know, a weak case because
37:21there's, you know, no evidence. Well,
37:23the the baby the child is found in
37:26Chris's bag with his clothes. That's
37:28evidence.
37:30That's very strong, very powerful
37:32evidence.
37:34Why do you think he wants to blame Shain
37:35Key for that?
37:37Well, let's look at what he said on
37:38October the 7th on page 35 of the
37:40transcript that we passed out.
37:43He says, "I went into the woods. I went
37:44down there and there's one place you
37:46could go to the right and I think that
37:48it might go to somebody's house.
37:50I never go that way." We wanted them to
37:53know I don't go off that way where the
37:54baby's going to be found tomorrow, just
37:57to be clear.
37:59I always take the first clearing.
38:01It's not really clear, though. It's kind
38:02of like kind of grew up a little bit,
38:04but you know what I mean, it goes down
38:05and then it kind of goes up a little bit
38:07and it goes straight to Henderson Mill
38:08Road.
38:09And Jeff Alexander says, "Mhm."
38:12That's the route I took.
38:14And I came out and I took a right on
38:15Henderson Mill and then I went down all
38:16the way to the girl Sarah's house and
38:18then Courtney text it and I stood there
38:19for maybe 30 seconds. Courtney took um
38:22did the Facebook messenger thing or
38:24whatever it was and said the police are
38:26here and they want to know where you're
38:27at. So, I was like, "I'm coming. You
38:29know what I mean?" And I turned around
38:30and went back.
38:31Now, he's giving very specific
38:34directions on how he went in the woods
38:36because he wants everybody to to know I
38:39didn't take this path where the baby is.
38:41And y'all all walked it and if you
38:42remember, the baby was found under the
38:44log and then when we hit Peterson Miller
38:45turned around, we came back up going
38:47towards the right to where the items
38:49were found previously from the Matt
38:51Lester incident. So, he's already trying
38:54to make it clear. Now, he's dropping
38:56little clues here
38:58as if it isn't a clue that he's going
39:00into the woods to begin with.
39:02We know from the case that McNabb cleans
39:05up crime scenes and hides items in the
39:07woods. Look at his statement on December
39:09the 13th on page 15 of the transcript
39:11that we passed out to you. Alexander
39:13says, "What did you bring that stuff out
39:15there for?" Because that was the day
39:17that me and Matt Lester got into it.
39:19Uh-huh.
39:21And it was all his. It was a lot of his
39:24stuff. That bag was his.
39:26And I when whenever I kicked on the
39:28steps and he took off running, I felt I
39:31figured he was going to go to the
39:32police. So, I wanted to get all of his
39:34stuff out of my trailer. I.E.
39:36Clean up crime scene, hide evidence.
39:40That way after all the blood that was in
39:42the hallway got cleaned up from him and
39:44all that. Now, keep in mind, where's
39:45Courtney? Courtney's outside in the car
39:47with Clarissa, her Shane kid, her Matt
39:50Lester.
39:51Um so, we know that Courtney's not the
39:53one cleaning up the blood. The
39:55defendant's cleaning up his own crime
39:57scene. So, he's capable of getting his
39:58hands dirty and cleaning up his own
40:00crime scene. That's very telling.
40:05I got the blood cleaned up from the
40:06crime scene and all that and that's when
40:08I took the bag out there because I knew
40:09if he went to the police and he would
40:11come back, that was his stuff.
40:14So, that's proof right there that me and
40:17him got into it.
40:18But without that stuff around,
40:21I could deny it.
40:23That's how I was thinking at the time. I
40:24figured I felt like he was going to call
40:26the police. So, what he's saying is if I
40:28get rid of all the evidence, I cleaned
40:29up the blood, I get all the clothes, and
40:32then the police might come back, and
40:33they might come back with him to get his
40:35items, I could deny it now. I've got
40:37plausible deniability, but I don't have
40:39the items inside of my home. And what
40:41does that tell you about the way
40:43Christopher Mc Mabb thinks?
40:46There's those items, and there's that
40:47trail.
40:50He says about those items, I find it
40:52interesting that he took all the items,
40:54the drug paraphernalia, the the hookah,
40:55the
40:56uh wallet, and he wrapped it all up
40:59in the jacket,
41:01just like he did with his child.
41:05He said, "I mean, anybody,
41:07if they're doing something wrong and
41:09they're on foot,
41:10they're going to go through the woods."
41:15Is that not plainly obvious to you all
41:17that he makes this statement?
41:19He's telling you,
41:21"Hey, guilty people go down these
41:24woods."
41:27You know, when the defense talks about
41:29what's the evidence in this case,
41:31you've got to be able to see the forest
41:33from the trees.
41:34Yeah, they can talk about, "Oh, we don't
41:36know whose blood that was on the clothes
41:38in the bag." Well, we know they're his
41:40clothes, and we know that's going to be
41:41the child's blood. I mean, yes, maybe um
41:45somebody escaped from a mental asylum as
41:47they tried to argue earlier in the trial
41:49and left their blood there because
41:50somehow baby Kaliya put on boxing gloves
41:53and put up a good fight, but that's not
41:55living in in in reality, right? We're
41:57suspending our common sense to believe
42:00these conspiracy theories that the
42:01defense wants to float out there. No, we
42:03know that the blood in the bag and the
42:06clothes in the bag
42:08are Kaliya's blood and the defendant's
42:10clothes.
42:11So, when you're looking at all of the
42:13evidence in this case and you see the
42:14forest instead of the individual trees,
42:17all the evidence is right in front of
42:18you. Him jumping out of the car, his
42:21bag.
42:23Makes you think of that Austin Powers
42:24movie where Austin Powers says, "That's
42:26not my bag."
42:28Yeah, it's your bag. It's your clothes
42:29in the bag.
42:33And your hiding spot, the woods.
42:35So,
42:36you know, when you're talking about what
42:38is the state's evidence in this case,
42:39I'm not trying to belittle the burden
42:42the state has. I'm not trying to suggest
42:45you've got to have less evidence
42:48than beyond a reasonable doubt proof.
42:51But I want to say, "Duh."
42:54It's obvious.
42:55From the beginning, the police would
42:57have never looked out in those woods if
42:59it weren't for McNabb running through
43:00those woods.
43:03And by the way, um
43:05McNabb apparently, you know, the defense
43:07just raised the argument about
43:10"Why would he put the child in his own
43:11bag?"
43:12That's a good point. You know, why would
43:14he put the child in his own bag? He He
43:15says that or he does that because he
43:17doesn't think they're going to find the
43:19child. They didn't find these other
43:20items. They didn't find the camouflaged
43:22jacket and the shoes and all that sort
43:23of stuff. He doesn't think.
43:26And think about it, he's coming down off
43:28meth, he's on meth. He's not thinking
43:30straight. He doesn't realize
43:33when he comes back and he has to tell
43:35investigators that he's put in the woods
43:36that they're going to go,
43:38"Wait a minute. Maybe we ought to look
43:40in those woods."
43:42He doesn't realize that. He thinks he's
43:44got that baby hidden away and
43:45everybody's going to go out and put
43:47flyers all over Covington and we're
43:48going to treat it as a kidnapping
43:49investigation.
43:52What does he say on December 13th? I
43:54just know that the first thing that
43:56always pops in my mind when I'm when I
43:58wanted to get like, say if I felt like
44:00probation was going to show up one
44:02morning or something, I'd always go in
44:04the woods. I always went in those woods.
44:06That was the first place I'd go on foot
44:09if I felt like I was in trouble or
44:10something. Like just when I beat that
44:13dude up, I took all his stuff to the
44:14woods. Do you know what I mean?
44:20He also says on this on October the 7th,
44:23"I'm pretty sure I was the last one that
44:24had the baby. I was the last one that
44:26held her."
44:28And remember, he's talking about a time
44:30frame between 3:00 to 5:00. And that's
44:32in the October 8th, that's the next
44:34statement that he gives on the following
44:36day after he's jumped out of the Chevron
44:37and he's been arrested.
44:40Why is that time frame important?
44:42Because he's the one who had the baby
44:43last.
44:45And so it doesn't necessarily matter
44:48when the child was killed inside the
44:49home.
44:50But the evidence has highly suggested
44:52that he killed the child inside the home
44:55and took the child outside into the
44:56woods when it was dark, way before 9:30
44:59or 10:30 when he's going through the
45:02woods and Courtney's texting him because
45:04he had that flashlight with him.
45:05And why would he need the flashlight?
45:07That, you know, that doesn't make any
45:08sense that he's going to run out of the
45:09house.
45:11But the first thing he's going to do
45:12when his two-year-old child wakes them
45:15up wakes them up, meaning wakes Courtney
45:18up, but he's already up.
45:20Because we know that cuz he's on his
45:21phone texting Courtney Morris at 9:42
45:23a.m.
45:25But
45:27why would why wouldn't you run outside?
45:30Your child's missing.
45:32Start banging on every trailer in the
45:33trailer park. "Hey,
45:36come outside. Help me look for my baby.
45:37Has anybody seen anything suspicious?
45:38Does anybody know where there's a car?"
45:41That would be after you spent about 20
45:42minutes looking inside your own trailer
45:44because
45:45who thinks that somebody's going to
45:47break inside of a car or inside of your
45:49trailer and take your baby?
45:52A- A- As much as the defense has tried
45:53to make this sort of conspiracy theory
45:55that somebody broke in and took the
45:56baby, that's not a thing.
45:58That's just not a thing. Nobody breaks
46:01in to homes
46:03and takes their children. Not unless
46:05you're like the heir to the Saudi prince
46:08and you're you're going to be able to
46:10ransom this child for a lot of money or
46:13maybe, you know, that was been suggested
46:15that he had a hit on him.
46:17Well, he's broke as a joke.
46:19He's not Guzman. He's not El Chapo.
46:22Right?
46:23I mean, you know, he's not somebody that
46:25everybody's like, "We're going to take
46:27him out and we're even going to do worse
46:28than that. We're going to kill his
46:29child." And then we're going to plant it
46:31in the in the woods
46:35that we know he hides stuff to make it
46:37look like
46:38he did it. We're going to kill his child
46:40and we're going to frame him.
46:41They wanted to take a hit out on him,
46:43which is
46:44there's no evidence of. It's absurd.
46:47It's not a reasonable doubt. Like that's
46:51not something to go back and say, "Well,
46:54we don't know. It could have been the
46:56guy from the escape the escapee from the
46:58mental asylum or it could have been
46:59somebody who wanted to take a hit on
47:01him." That's not reasonable. That's not
47:03a reasonable defense.
47:04And the state does not have to
47:07disprove every single unreasonable
47:10conspiracy theory that the defense comes
47:12up with.
47:13Now,
47:15the defendant
47:17gives three different versions in this
47:18case and I think that's very important
47:20because if the defendant is a liar, then
47:22why should you believe him at all?
47:24If he's lying, there's a big problem
47:27because an innocent man who just lost
47:29his child,
47:32who just had woke up to find his baby
47:34missing, would never lie to the police.
47:36Yeah, he might lie about the fact that
47:39yeah, I smoke meth methamphetamine last
47:41night. Okay, you don't want the
47:43Fine. Whatever.
47:45But you're not going to run and you're
47:47not going to give them very inconsistent
47:49versions of what happened with your
47:51child.
47:52So, I've got
47:56those three versions here summarized for
47:59you today.
48:01Starting with
48:03his first version.
48:06And this would have been the one that he
48:07gave on October the 7th.
48:12Okay? And I don't know, can you all see
48:14that?
48:16Yes. Okay.
48:18October the 7th, I call this the feather
48:21in the bedroom account.
48:22So, the very last time that I actually
48:24held my baby in my arms and seen my the
48:27one that's missing, Caliyah, I was
48:29feeding her her bottle on the bed in the
48:31bedroom. I mean, she was crying. You
48:34know how newborns are, they're always
48:36crying, especially when they're hungry,
48:39but I bundled her up like a little What
48:41is it? Tight as a bug in a rug or
48:43something like that. I was thinking it
48:45was 3:00, 3:30, but my baby's mother
48:47says it might have been probably around
48:49like 5:00 or something like that. My dad
48:51texted it at supposedly 9:30. So, that's
48:54his first
48:56sort of rendition or account of what
48:58happened, the first version. He's
48:59feeding her in the bedroom somewhere
49:01between 3:30 and 5:00, depending on
49:04whether he's right or Courtney's right,
49:06but you know, when you're up smoking
49:07meth all night long, you probably don't
49:09know what time it is
49:10um because, you know, again, Mr. Frost
49:13makes the argument, "Well, jeez, you
49:14know, every parent has to get some
49:16sleep." Right.
49:18But, they're going to sleep at 5:00 in
49:20the morning.
49:22They're going to sleep at 5:00 in the
49:23morning cuz they've been smoking dope
49:24all night long. So, that's not the put
49:27this in the every parent category, the
49:29the parents who go to bed at 9:00 and
49:30then have to get up several times and
49:32then hopefully get a couple hours sleep.
49:35These people are staying up smoking
49:36meth, and we know that they were smoking
49:38meth cuz Craig Rutherford said he came
49:39over there and they smoked meth.
49:41Remember, you also saw the text messages
49:43from that evening where Courtney This is
49:45the day they get the child back on the
49:476th. The day the dad says, "You got to
49:48clean up the trailer." Ten Bell says,
49:50like, to clean it up. I'm not going to
49:52bring the kids back unless you clean up
49:53your trailer."
49:54They clean it up.
49:56And then Courtney's texting
49:57or sending messages to McNabb like later
50:01on that evening saying, "Don't go smoke
50:04meth without me. Don't go smoke without
50:05me cuz I'm tired."
50:08And then the next one says, "I can't
50:09believe you went and smoked without me."
50:12No, that's not neglect. That's not a a
50:15bad environment to raise a child. And
50:17nothing possibly could go wrong in that
50:20home.
50:22Now, on October the 8th of 2017,
50:25this is the I took her on the front
50:27porch account, right? So, now he's
50:29saying, "I knew it was anywhere from 3
50:31to 5. I went in there and I picked her
50:33up. I fed her. I took her outside on the
50:36porch."
50:38Did anybody notice he never said that in
50:40the first statement? Never said that.
50:44Front porch.
50:46Because Courtney was like, "Don't bring
50:47her in here because of the smoke. Take
50:49her outside." So, I took her on the
50:51front porch.
50:52And I brought her back in and I fed her
50:54in the room sitting on the bed.
50:57And when I got done feeding her, I can't
50:59remember that was the first time that me
51:01and Courtney both changed her diaper or
51:02not. When I got done feeding her, I put
51:05her on the bed. I folded her blanket up
51:07the way and that part was indiscernible.
51:11And I wrapped her up and I laid her
51:12down.
51:14So, now he's changing the story. He's
51:16accounting for the fact that perhaps
51:18maybe
51:19somebody in the trailer park, somebody
51:21at Eagle Point saw him go out on the
51:23porch with the child. His story is
51:25shifting.
51:27But of course, he's got to have Courtney
51:29awake now, too. Even though in the first
51:31statement, he was the last one that held
51:34the baby and seen her.
51:37So, what is his third version? And by
51:39the way, it's
51:40sad to say that his two his his defense
51:44was stronger when he was high on meth on
51:46the 7th and the 8th by the time he
51:48volunteers to speak, reaches out to to
51:52the investigator,
51:53to Alexander. He's really digging
51:55himself into some big holes in this last
51:57statement. Y'all heard that last
51:59statement. He just went on and on and
52:00on. And what investigator Alexander does
52:03is a great law enforcement technique. He
52:05He just says, "Mhm."
52:07"Mhm."
52:08He just He doesn't stop him. He just
52:10lets him keep on because he's just
52:13digging.
52:14He is just digging his own hole in this
52:17last statement. He thinks he's helping
52:19himself out. He's sobered up. You know,
52:21he's probably thinking, "I've got a
52:22clear mind."
52:24Uh if they think they've got DNA
52:26evidence on me, I'm going to put a few
52:27sprinkle a few little things in there
52:29that'll help explain that.
52:31If they have a witness that saw me on
52:33the porch, I'm going to sprinkle a few
52:34things in that'll help me with that.
52:37But it's very problematic and you'll see
52:39in this statement, this is what I call
52:41the "Took her on the front porch, fed
52:43her in the bathroom." Notice not the
52:45bedroom now. "Notice blood on her
52:47clothing and oh, by the way, I had a cut
52:49on my finger account."
52:51Big shift in this statement, right?
52:54So, here he says, "It was night time.
52:56You know what I mean, all right? Well,
52:58not too long after that, me and Courtney
52:59had sex. I put those underwear back on
53:02and baby girl was hungry. Not too long
53:04after that, she was crying because she
53:06was hungry. So, I went back there and
53:08got her and I was feeding her. Courtney
53:10made the bottle. I was back and forth.
53:12See, at first I took her when she you
53:14know, she was right next to Clarissa and
53:16Clarissa will wake. She'll wake up. She
53:18wakes up during the night. She a lot of
53:20times she won't go back to sleep. So, I
53:21took her out of there and I took her in
53:23the bathroom and was feeding her in the
53:25bathroom.
53:29Well,
53:31she was um she cried.
53:34Well, I guess I was feeding her she
53:35stopped eating. So, I guess she was
53:37full. So, I took her back and I laid her
53:39down again. I don't remember exactly
53:40what made me go back in there and get
53:42her. She was crying, but it was like a
53:44louder She was crying louder. Like maybe
53:47she needed to be changed or something.
53:49There was one time I think I think I
53:51think I didn't mention this when I was
53:53questioned because I didn't remember it.
53:55But there was a time when she kind of
53:56was crying a little loud and I didn't
53:58want to wake up Rissa. And I took her
54:00through the living room and I took her
54:02out on the front porch.
54:04I didn't shut the door. Courtney knew.
54:06Of course Courtney has to know about
54:08that, right? She was up. She knew. I you
54:11know, she was awake still and I was
54:13rocking her or whatever and she stopped
54:15crying. Now stop right there. Did
54:17Courtney ever say this?
54:19Never.
54:21Courtney never said that Chris took that
54:23child on that front porch. So he's
54:25lying.
54:26Because you got to believe Courtney was
54:28consistent.
54:30Courtney was consistent about the events
54:31that happened. I mean there's there's a
54:33I'm going to argue that Courtney's
54:34guilty of the charges in the indictment,
54:36but they're in two different boats.
54:38They're in two different culpability
54:40boats.
54:41And I want to make that clear about her,
54:44you know, so she she cared about getting
54:47her child back. She didn't understand,
54:49but she never said he took that child on
54:51the porch.
54:52And he says, you know, that she knew she
54:55was awake still and I was rocking her or
54:57whatever and she stopped crying, you
54:58know, what I mean? It was a warm night.
55:01This is where it gets ridiculous. It
55:02felt good outside, you know, what I
55:03mean? So I you know, figured a little
55:06fresh air. I know I needed it.
55:08And I was holding her. Just took her out
55:10there with me on the front porch. I
55:11didn't go off the front porch. Let's
55:13just be clear. I didn't go off the front
55:15porch. I just went on the front porch
55:17with the door open. Courtney was awake
55:18and I was getting some fresh air and
55:19enjoying it.
55:21I'm surprised he isn't telling us that
55:22he was singing lullabies to his daughter
55:24at this point. I stayed out there for
55:26maybe 5 minutes. She stopped crying
55:28after a minute and I took her back in.
55:32Members of the jury, I'll bet he took
55:34that child outside and that she did stop
55:36crying, but I don't think it was the
55:38same way that Mr. McNabb is wanting me
55:40to believe.
55:43I fed her a little bit more. I burped
55:45her, and me and Courtney changed her
55:46diaper together in the bathroom.
55:49And um while we were changing her, she
55:51had on this long-sleeved onesie or
55:53two-sie or whatever you call those
55:54things with the feet on them. She had
55:56one of those on, and it was white.
55:59And it had with some like little hearts
56:01on it. It was the one that Courtney was
56:02holding when y'all came in, and you
56:04wanted something to try to maybe catch
56:06her scent and maybe be able to, you know
56:08what I mean? Now, if you remember,
56:09Courtney does talk about in her first
56:12statement that she was wearing this
56:14little onesie the last time she saw the
56:15baby. And then she says, "I didn't get a
56:17chance to ask Chris this morning when
56:18the baby was missing.
56:20Um but he must have taken it off the
56:23She must have gotten hot because I found
56:25it laying in the bathroom."
56:28So, she says that in the first
56:29statement, the child is wearing this
56:31little outfit,
56:32but now he's going to tell this whole
56:33story about her how he and her took this
56:36onesie off even though that's not what
56:38she said. That one. Well, she had it on,
56:40and while we were changing her, I
56:42noticed that there was a little red spot
56:44right here that was on the collar of it.
56:46Collar, close to the head,
56:49injuries to the head.
56:51And I noticed it, and I asked Courtney,
56:52I said, "Is that blood?"
56:54It was a little bitty, you know what I
56:56mean? But I noticed it, and I was like,
56:58"Is that blood?" And she was like, "I
57:00don't know." And I was like, "Well, is
57:02she bleeding? You know what I mean?" And
57:04she wasn't bleeding or nothing. I mean,
57:06she wasn't bleeding. She didn't have any
57:08wounds or anything. Like there wasn't no
57:10scratches on her that were bleeding or
57:11nothing anywhere in that area.
57:16But I had a cut on my fingers.
57:20And Courtney was like, "Well, maybe it's
57:22your finger."
57:24It was that one.
57:27You see the scar?
57:29So, So you know what I mean? I don't
57:31know.
57:32This is where you need to enter. So
57:34maybe, you know what I mean? If you find
57:36my blood on that little onesie there, um
57:39it's going to be mine, but it's totally
57:40innocent because I had a cut on my
57:41finger and Courtney was there, and we
57:43both remember this whole conversation
57:45despite the fact that Courtney never
57:46told the police that that happened.
57:49But she was like, "Maybe it's that cut
57:50or whatever on your finger." And I was
57:51like, "All right, whatever."
57:53You know what I mean? And we took that
57:55off of her, and I took her and before
57:57before I took her back in there and laid
57:58her down, I was holding her and I felt
58:01that she was [ __ ] again. That's
58:03nice.
58:04So we changed her again, and then I took
58:07her and I swaddled her up in her
58:08blanket, and she had on that I'll never
58:11forget what she was wearing. She had on
58:13that purple outfit, and it said, "My
58:16daddy works out." or something like
58:17that. I like that outfit.
58:21Very, very strange, very, very telling.
58:24Why does he change his story? He's a
58:26liar. And if you can't believe what he's
58:29saying, and you've got a consistent
58:31version coming from Courtney, perhaps
58:33you should believe what Courtney says
58:34about the events of that evening,
58:37and you have to question why is he
58:38lying?
58:39Why is he lying? Well, look what he
58:41looked like the day that the the law
58:43enforcement officers came in. Look at
58:45him burying his head down.
58:48Do you remember when he went into the
58:49first interview on
58:50Excuse me, October the 7th with
58:52Investigator Alexander?
58:54He's sitting like this. He's sitting in
58:56the room with his head down.
58:58And Investigator Alexander says,
59:00"Hey, I need you to take your hoodie off
59:02and take your hat off so I can see your
59:04face."
59:06So when the defense gets up and argues
59:08as they did just a few moments ago, that
59:10this was a rush to judgment. This was a
59:13a trial about their lifestyle, about the
59:15drugs, about the trailer park, and about
59:18um the tattoos. That's just wrong.
59:20He wasn't a suspect in this case because
59:23of the tattoos on his face. He was a
59:25suspect in this case because he was
59:27hiding his face from law enforcement.
59:31From the minute that he walked up on the
59:32scene to you saw it and you can see it
59:35in this photograph here and you can see
59:36it in the interview.
59:38And he hid that child
59:41in these items
59:43because that's a guilty conscience.
59:45If you've just done something like that
59:47and you're in flesh and blood, do you
59:48want to look at it? That's why that
59:49child's wrapped up aside from the fact
59:51that he wants to have um you know, make
59:54sure that there's no blood dripping
59:55around. But that's why the child's
59:57wrapped up.
59:58He's hiding that child.
1:00:01He's hiding that child in those items
1:00:03because again, he's got a guilty
1:00:04conscience. And we know you've seen that
1:00:07he jumps out and runs in this case. So
1:00:09we know that as well.
1:00:13So he's giving the three different
1:00:14versions of events.
1:00:16And notice by his last statement, as I
1:00:18mentioned, he's trying to find out what
1:00:20investigators know. He keeps saying,
1:00:21"Well, I I don't know. What What are
1:00:23y'all hearing? What do you know? WHAT'S
1:00:24COURTNEY WHAT'S COURTNEY SAYING?"
1:00:26So he wants to know what's going on in
1:00:28the investigation. And he's really
1:00:30agitated by the fact that Courtney
1:00:31hasn't been talking to him
1:00:33um and that she's out, you know,
1:00:35I guess gallivanting around with
1:00:37somebody else.
1:00:39Um all of a sudden he's concerned about
1:00:41her, but the reality is he wants her to
1:00:45you know, wants to make sure she's not
1:00:46rolling on him or she's not you know,
1:00:48against him because that's going to make
1:00:51it difficult for him.
1:00:53Now, if he is a liar, then you got to
1:00:55understand why. He says, "Quote, I want
1:00:57the person that did this to be found
1:00:59though. Probably more than anybody else
1:01:01because quote, it's the only way I'm
1:01:04going to get out." He says that over and
1:01:06over and over again in that last
1:01:07interview with Investigator Alexander.
1:01:09He doesn't want the person to be found
1:01:11who did this because they need her head
1:01:13on a platter
1:01:14because they killed my precious flesh
1:01:17and blood because they're a horrific
1:01:20monster as he described. And you
1:01:21remember at the end of his statement
1:01:22he's like whoever did this is just a
1:01:24horrible monster.
1:01:26Well, he's describing himself.
1:01:28But
1:01:29all he cares about is getting out. He
1:01:31keeps telling Courtney on the phone,
1:01:32"I'm going to get life.
1:01:34They could kill me. I I
1:01:36I'm going to get a a bad sentence
1:01:37basically." That's all he cares about
1:01:39instead of finding out who the person is
1:01:41that killed his child.
1:01:44In the first statement, he lies.
1:01:46He says, quote, "I'm just loving my
1:01:48babies. You know what I mean? Just
1:01:50regular family living all day." That's
1:01:51what he tells he tells the
1:01:53investigators.
1:01:54That that's regular family living,
1:01:56running around, doing dope.
1:02:00Uh and then he's just loving on his
1:02:01babies. If you know anything from all
1:02:03that you've heard in this case, you know
1:02:05that Chris McNa- McNabb does not love on
1:02:07his babies. In fact, he pushes his
1:02:10pregnant
1:02:11baby's mother, the child's mother
1:02:14in a very violent way. He admits that
1:02:16himself. So, forget about what she says
1:02:18and what Shane Kid says about him being
1:02:20violent. He admits that he did that.
1:02:22They just he corroborates everything
1:02:24that they say. He also says, "The only
1:02:27thing I seen in them woods was a pair of
1:02:28men's brown shoes." I was like, "Why
1:02:31would somebody leave their shoes?" Isn't
1:02:33Isn't that interesting in the first
1:02:34statement?
1:02:36He knows that he put the brown shoes out
1:02:37there.
1:02:38He has admitted later on on the 12 13 I
1:02:41wrote 112 13
1:02:43um statement where he says, "Matt
1:02:45Lester, the shoes were his. Me and Shane
1:02:47Kid took those out there."
1:02:49So, he lied. He wanted investigators to
1:02:51think that those brown shoes that he
1:02:54knew he had taken out there on September
1:02:56the 13th
1:02:57were belonged to the killer.
1:02:59"Those are suspicious to me. I don't
1:03:01know why they were out there." And yet
1:03:03he put them out there.
1:03:06"Matt Lester broke into my house like
1:03:08two two and a half months ago." Matt
1:03:09Lester never broke into his house.
1:03:11That's a lie.
1:03:12The window was broken because he threw a
1:03:14TV out.
1:03:15The reason why he wanted to lie to the
1:03:16investigators is he didn't want to admit
1:03:18that he really had no business luring
1:03:20Matt Lester to his home to beat him up
1:03:22like that. So, he wants to make it sound
1:03:24like there's some beef between him and
1:03:25Matt Lester.
1:03:27It also provide, I guess, law
1:03:29enforcement the
1:03:31you know, alternative killer version.
1:03:33Just so happens
1:03:34for McNabb, Mr. Matt Lester was in jail.
1:03:38But,
1:03:39there wasn't a beef.
1:03:41Matt Lester
1:03:43apparently had an altercation or alleged
1:03:45altercation with Timmy Russin's mother.
1:03:47So, this had really nothing to do with
1:03:48McNabb.
1:03:51Now, look at on October the 8th. Let's
1:03:53fact check him there. He says, "And I
1:03:55took my flashlight. I took my phone.
1:03:58That was the only two things I had on
1:03:59me."
1:04:00He uses the word took. So, I grabbed
1:04:02those things. I took those things with
1:04:03me.
1:04:04By the 8th, he's getting questioned,
1:04:06"Well, why are you using a flashlight?
1:04:07It's like 10:00 in the morning, 10:30 in
1:04:09the morning."
1:04:10"I mean, I had the flashlight in my
1:04:11pocket anyway, so I just had it with
1:04:13me."
1:04:14And then by the 12th, 13th, "I had the
1:04:16flashlight, but that flashlight was
1:04:17already in those pants." So, he just
1:04:19carries flashlights around in his pants.
1:04:21Like, I'm sure you all do, right? I
1:04:23mean, you if you reach in your pocket
1:04:24right now, you've probably got a
1:04:25flashlight.
1:04:26And then he says,
1:04:28"And I woke up at 9:30 with a text from
1:04:30my dad.
1:04:32So, I went back there to make sure they
1:04:33were okay. I went back in the living
1:04:34room and I covered us up and I went to
1:04:36sleep. Maybe 45 minutes, maybe an hour
1:04:39and a half before Alyssa woke them up."
1:04:41The Facebook records of Courtney Morris,
1:04:43actually we know, show that Courtney was
1:04:45adding to Messenger and texting her at
1:04:489:42 in the morning. So, that's a
1:04:49problem. That's a big problem for him.
1:04:52He already had a ridiculously small time
1:04:54frame of which somebody could have
1:04:56broken into his trailer and come and
1:04:58kidnapped and and killed his child. He's
1:05:00now shortened it tremendously and lied.
1:05:03So, now we know he's lying. Now we know
1:05:04he's on Facebook Messenger. It was
1:05:06already unreasonable to believe that he
1:05:08if he woke up, if he He light enough
1:05:10sleeping to wake up to a text, like a
1:05:12ding or whatever his his face his phone
1:05:15did when the text came in or actually it
1:05:16was Courtney's phone.
1:05:18Then it's unreasonable to think that he
1:05:20was in such a deep sleep that he didn't
1:05:21hear somebody break into his trailer,
1:05:22right? Because the trailer is not wide
1:05:24at all. I mean, probably not any wider
1:05:27than between me and Miss Stone. It's not
1:05:29a very wide trailer. It's only
1:05:32you know, I think it was 50-something
1:05:34feet long if even that, maybe
1:05:3530-something feet. But this this
1:05:37distance here
1:05:39um
1:05:39would make it very difficult for him to
1:05:41be have been awoke
1:05:43or awakened, I guess I should say, by
1:05:45this text message at 9:30 or 9:33.
1:05:48And then not hear the killer come in
1:05:49before the 911 call
1:05:51um goes out. Now remember Courtney says
1:05:535 minutes before she texted Melissa
1:05:55Davis at 10:24 is when she woke up by
1:05:58her child Clarissa that 10:19.
1:06:01It's a very short period of time. He
1:06:03can't be back in some deep sleep and now
1:06:05we know he's up at 9:42.
1:06:09And what's really sick about that is he
1:06:11had just killed his child.
1:06:13And he's trying to hit on a girl.
1:06:19Now the the next um lie that he's caught
1:06:21in on October the 8th was I was asleep
1:06:23all up until the text message is the
1:06:25only time I woke up.
1:06:29Facebook records show that he was on
1:06:31Facebook updating his profile picture at
1:06:335:51 a.m.
1:06:37Is it reasonable to believe that Mr.
1:06:39McNabb
1:06:41went to sleep after that and was only
1:06:43awoken at 9:30 by his child
1:06:47or by the text message and then later on
1:06:49by the child? He's been lying so much,
1:06:51why would you believe him about this?
1:06:55On the December 13th statement he lied.
1:06:57He said, "When I first ran those woods,
1:07:00it was I was with Shane Kidd and he was
1:07:02the one that showed me how to go through
1:07:03them. I walked over those shoes. The
1:07:05shoes were still there. The scene of the
1:07:06camouflage jacket was still there. Well,
1:07:08Shane K told you he'd never even lived
1:07:10there, didn't know that
1:07:12mobile home park, and so he's lying.
1:07:16He's now, you know, if you remember,
1:07:18this is the
1:07:19time that he reaches out to investigator
1:07:20Alexander and he's trying to get
1:07:23Shane Kid as a suspect. This is the guy
1:07:25who's like kind of his only friend,
1:07:26right? This is his
1:07:28uncle, he calls him. His brother, his
1:07:30dad, and his dad's brother were kind of
1:07:32close to Shane Kid growing up. Shane is
1:07:34the only person that comes as a friend
1:07:36of Chris to the hospital.
1:07:38Shane is the one who arranges to have
1:07:39the trailer cleaned up so that the baby
1:07:41doesn't come home to an absolute train
1:07:43wreck. He gets the two ladies to come
1:07:44out there. Shane is the one that's
1:07:46sending him text messages saying, "Boy,
1:07:47you need to get on your knees and pray
1:07:49that that baby's found." And then when
1:07:50he learns that Chris has jumped out of
1:07:51the car saying, "Boy, you need to get on
1:07:53your knees and beg for forgiveness cuz
1:07:55that baby deserved better than he found
1:07:56a duffel bag out in the woods."
1:07:59He's going to turn his back on Shane
1:08:01because now he's going to try to put it
1:08:02on Shane. Shane's the one who showed me
1:08:04where the path was. Shane's the one who
1:08:07had a hit on me per Courtney.
1:08:09Well, again, that's ridiculous. Why
1:08:11would Shane have a hit on on Chris
1:08:13McNabb? There's absolutely been no
1:08:15evidence of that whatsoever. And so when
1:08:16the defense keeps attacking the
1:08:18investigation
1:08:20because they didn't consider Shane
1:08:23a Shane Kid a suspect or Matt Lester a
1:08:25suspect, it's just it's just nonsense,
1:08:28right? I mean, that's just a nonsense
1:08:29defense, and we could take that entire
1:08:32trailer.
1:08:34We could literally put it on wheels
1:08:37and carry it to the bay over at the
1:08:38sheriff's office and not only have
1:08:40kitchens but have every crime scene
1:08:42investigator. We can get the city, we
1:08:43can get the GBI, and we can search it,
1:08:46and we can take Q-tips and collect every
1:08:48single tiny piece of trace evidence, and
1:08:50we can look at every single piece of
1:08:51DNA, and you know where you're going to
1:08:53find? Everybody that's gone in that
1:08:55trailer that smoked dope, that's gone
1:08:56over there to see those ba- those
1:08:58children,
1:08:59and it's not going to get you one step
1:09:01closer to solving this crime. That is
1:09:03just the biggest
1:09:04false
1:09:06truth that has been told in this case,
1:09:08that somehow the real killer is out
1:09:10there and their evidence is lying in
1:09:11that trailer or lying in those woods on
1:09:13those clothing. It's just not true. We
1:09:15called in the expert. We called in an
1:09:17expert for the GBI crime lab in forensic
1:09:21science, and particularly in trace
1:09:22evidence, and he explained to you that
1:09:24that that type of evidence has no power
1:09:26to it
1:09:27unless you already have a suspect.
1:09:29You can't just find a random piece of
1:09:31hair or a random piece of skin skin cell
1:09:33and put it in a database and it tells
1:09:35you who a killer is.
1:09:37So, the reality is that evidence
1:09:40um first of all, the defendant's DNA is
1:09:42going to be all over his trailer, so is
1:09:43the baby, so is hers, and so is half of
1:09:45the meth-heads, and I use that term
1:09:48because they've used that term. He
1:09:49actually said, "Methamphetamine is what
1:09:51killed my child." He refers to people as
1:09:53meth-heads.
1:09:54But half of the meth-heads here in
1:09:55Newton County have been in that trailer.
1:09:59So, when does this investigation ever
1:10:00end? Do we just keep on interviewing
1:10:02every single one of them and find out if
1:10:04they had a motive to go into the trailer
1:10:05and and kill a 14-day day-old baby?
1:10:09You know, when when I use that term, I
1:10:11will say this, you saw several people in
1:10:12this courtroom who testified who smoke
1:10:14methamphetamine.
1:10:16And while their lifestyle is is
1:10:18certainly not um savorable and it's not
1:10:21admirable in many respects,
1:10:24um there are there there are some decent
1:10:26things about those people. They actually
1:10:28do understand that children are
1:10:30off-limits,
1:10:32that you don't hurt children,
1:10:34um that
1:10:37you don't kill your baby.
1:10:39There is some decency among those
1:10:40people.
1:10:42There's girls that were going out there,
1:10:43I'm quite sure they're if they're Shane
1:10:45kids' friends, going out there and
1:10:46cleaning the trailer, they probably
1:10:47weren't living, you know, straight and
1:10:49narrow type lifestyles either, but they
1:10:51cared enough about the fact that a
1:10:52newborn baby was going to go to that
1:10:54trailer to go clean it up. More so than
1:10:56she did. More so than he did.
1:11:00There are decent people who are addicted
1:11:02to drugs and it's a very sad lifestyle.
1:11:04It's a very sad background to this case,
1:11:07but it's not an excuse.
1:11:10The judge is going to instruct you on
1:11:12that principle of law and it's very
1:11:13important. Voluntary intoxication is not
1:11:16a defense to a crime. You can't say,
1:11:18"Well, my bad. I was so high. I didn't
1:11:20know what I was doing and I was addicted
1:11:21to drugs and I was passed out on the
1:11:23couch, so I shouldn't be held
1:11:25accountable." That's not a defense to a
1:11:27crime. That's exactly the reason she
1:11:29should be held accountable, because she
1:11:31was passed out on the couch. Because she
1:11:33chose to ingest that drug
1:11:36and take her into another, you know,
1:11:38state of consciousness while her baby
1:11:41needed her. Baby Kaleea needed her.
1:11:46He says, "Now I know she's dead. Maybe I
1:11:48could find out who killed her if I just
1:11:49stayed out."
1:11:51Everybody who believes that, stand on
1:11:53your head.
1:11:54But the reason he jumped out of the car
1:11:55and ran was because he was going to get
1:11:58out his DNA kit
1:12:01and his magnifying glass and his
1:12:02Inspector Gadget jacket and he was going
1:12:04to go around Newton County and solve
1:12:06this crime. Does anybody believe that?
1:12:08No, he was once again thinking about
1:12:10himself.
1:12:12"The main thing that I had on my mind
1:12:14was that I would be better finding out
1:12:15who killed her than y'all would be." Oh,
1:12:17okay. We we saw how that worked out, Mr.
1:12:19McNabb. Your December 13th statement, so
1:12:22far your two suspects, Matt Lester and
1:12:24Shane Kidd.
1:12:26Sheriff's office, what, two? McNabb,
1:12:29zero. Right? Like, you you are not a
1:12:32detective. The one guy you're trying to
1:12:34blame it on is in jail.
1:12:36The other guy is like your best friend
1:12:37and you're betraying him.
1:12:39"I just need to go ahead and just turn
1:12:41myself in and get it over with." That
1:12:42was my main intent when I first went up
1:12:45to that store so somebody would call the
1:12:47police. He's actually trying to tell
1:12:48Alexander that he He started to turn
1:12:50himself in. Even though when he walked
1:12:52in the store, he didn't say, "Hey, call
1:12:53911."
1:12:55No, he's arguing with people. He's
1:12:57actually agitated in the store. He gets
1:12:58a Pepsi because he's been running for
1:13:001.8 miles all the way from the marathon
1:13:02down to the Chevron.
1:13:04And he's hiding in the little bay there
1:13:06behind the car wash.
1:13:09He actually says, "I wouldn't want to
1:13:10run because I could get shot." Which A
1:13:13is not true. They can't just shoot
1:13:14somebody who's running. That would be a
1:13:16problem if the sheriff's office did.
1:13:18But B, that's the reason why he stopped
1:13:20because he knew he was in trouble.
1:13:22But he assumed automatically he was
1:13:24going to be charged with murder. That's
1:13:25a guilty conscience.
1:13:29He ran. He ran into the woods. These are
1:13:32all those text messages. I'm not going
1:13:33to read them all again to you, but I
1:13:35will point out that he does say here
1:13:38when she's like, "They want to know
1:13:39where you are, Daddy." "What the F am I
1:13:42supposed to do?"
1:13:45Who would say that?
1:13:47Who would say that?
1:13:48I love this statement down here. "Baby,
1:13:50I can't go to jail when my baby's
1:13:52missing."
1:13:54Does he care about the baby that's
1:13:55missing or does he care about himself?
1:13:59She's having to beg him to come home.
1:14:00"Hurry up, Daddy."
1:14:02"They're here."
1:14:06Now, he's
1:14:10He's out there hiding. He's running.
1:14:13Could be hiding the baby from a from
1:14:14maybe the spot that he had. Maybe he's
1:14:16putting it in that better spot, that
1:14:17nice little deep hole that y'all saw.
1:14:19That's a good spot, by the way. That's a
1:14:21That's a perfect size. Covered it up
1:14:24with some leaves.
1:14:25But yet they want you to believe that
1:14:28Mr. McNabb's defense wants you to
1:14:30believe that the real killer snuck back
1:14:32out there on the night of the 7th when
1:14:34the whole area is swarming with law
1:14:36enforcement and all those citizens in
1:14:37the community that were getting on their
1:14:39feet and suiting up to go try to find
1:14:40the baby went into a crime scene with
1:14:43with a dead body?
1:14:45That makes a lot of sense. Yes. I'm I'm
1:14:47sure that person went over there and
1:14:49planted this evidence to frame Chris
1:14:51McNabb.
1:14:53When he jumped out of that car, remember
1:14:55Pam Pam Pam Hamby's testimony? When she
1:14:58said that he said, quote, "If they find
1:15:01it anywhere near the house, they're
1:15:03going to blame us." That's his first
1:15:04thought.
1:15:06Not, "Oh my gosh, my child is dead.
1:15:10Take me there right away." Or "Oh my
1:15:13gosh, my child's been found." But you
1:15:14know, there's there's conflicting
1:15:15evidence about whether or not he knew
1:15:17that the baby was dead. And it really
1:15:18doesn't matter. I mean, there'd a lot's
1:15:20been made about that in this case. It
1:15:21doesn't matter if he knew that the child
1:15:23was dead or if he knew that the child
1:15:25was found. Either one of those should be
1:15:27news that would prompt a reasonable
1:15:29person, a person who had lost their
1:15:31child,
1:15:32a person who was desperately looking for
1:15:34their child as opposed to riding around
1:15:36smoking dope with your aunt. Um
1:15:39you would you would not jump out of the
1:15:41car. You would want to be brought
1:15:42immediately to that scene.
1:15:45Keep in mind, they were traveling to go
1:15:47do news interviews. Courtney and Don had
1:15:49put all her makeup on.
1:15:51You see that um
1:15:54you know, when she gets over to the uh
1:15:56mobile home park, that's when um
1:15:58Walden, one of the deputies who
1:16:00testified earlier on, he was the one who
1:16:01actually saw McNabb coming out of the
1:16:03woods and said, "What are you doing
1:16:04coming out of the woods, son?" You know,
1:16:06and described him as sweaty and had
1:16:07debris all over him. Walden was there
1:16:10when the baby was found and when um
1:16:11Hamby and Lauren Mackey and Courtney
1:16:14Bell pull up, he asked Courtney, "Is
1:16:16Chris has a bag?" And she describes it
1:16:17as a blue She describes it to a T, the
1:16:20the bag that the child was found in.
1:16:22So, again, we know that
1:16:25Courtney's not involved. She's not
1:16:26trying to protect Chris. She's not, you
1:16:28know, she wants to not believe that he
1:16:30did it,
1:16:31but she's giving information that's
1:16:32incriminating against him as well.
1:16:35Such as the fact that he was wearing the
1:16:36blue camouflage underwear the night
1:16:39before uh the child was gone.
1:16:43And then of course we have this
1:16:44evidence, which is some of the most
1:16:45damning evidence you could ever have.
1:16:48You know, the defense says, "Oh, they
1:16:49don't have much of a case." Well, except
1:16:51for the fact that he's referring to his
1:16:52child in the past tense. I loved her.
1:16:57She was my baby.
1:17:42She goes,
1:17:44"What?
1:17:45Why'd you just do that?" "Why'd I do
1:17:47what?"
1:17:48"Why did you just refer to her in the
1:17:49past tense?"
1:17:51Mhm. "I love you, Courtney. I love you."
1:17:53That's the rest of the whole spiel. "Who
1:17:55could do this to our baby, Chris? I love
1:17:58you, baby. We got to stick together."
1:18:00That's all he cared about.
1:18:02He knew, he kept saying, "They're going
1:18:03to try to play us against each other."
1:18:04He's got to have her be his wingman at
1:18:07this point in time. Still manipulating
1:18:09her.
1:18:12There is so much evidence against
1:18:14McNabb. Yes, it is circumstantial
1:18:16evidence, but we're going to talk about
1:18:18that in a second. Mr. um Carter, I
1:18:20believe, said, "Well, they don't have
1:18:21any direct evidence," which is not true,
1:18:22because everybody who testified on the
1:18:24stand about a fact that they observed or
1:18:25they saw, that's direct evidence, right?
1:18:28Um circumstantial evidence is
1:18:31when you look at all the circumstances
1:18:32and there's a charge, and I'm going to
1:18:34explain that in a second, but the law is
1:18:36that direct evidence has no more weight
1:18:39than circumstantial evidence. They have
1:18:40equal weight.
1:18:41So, that phrase like, "Oh, it's just a
1:18:43circumstantial case." Circumstantial
1:18:45evidence is very powerful evidence
1:18:47because if you think about it, if you've
1:18:48got somebody that says, "Oh, I saw
1:18:50McNabb coming off the porch." and they
1:18:51needed to be wearing glasses or maybe
1:18:54they were drunk, three sheets to the
1:18:56wind, their credibility
1:18:59Direct evidence depends on the
1:19:00credibility of the source it's coming
1:19:01from.
1:19:02You cannot attack evidence like that. He
1:19:05even said it. That's the first slide I
1:19:06put up there. You can't attack finding
1:19:08his child in his bag.
1:19:11There's no credibility question about
1:19:12that. That is what it is. It's found
1:19:14there. So, circumstantial evidence is a
1:19:15very strong piece of evidence. We have a
1:19:17lot of it in this case as well as direct
1:19:19evidence.
1:19:20Now, with respect to Bell,
1:19:23she's charged with murder in the second
1:19:24degree
1:19:26and so is Mr. McNabb. So, I want to make
1:19:28sure that everybody understands what
1:19:30murder in the second is. Um Mr. McNabb,
1:19:32incidentally, is charged with malice
1:19:34murder and felony murder and I'm going
1:19:36to talk about their indictments at the
1:19:37very end and the law with respect to
1:19:39those charges. Um but, Ms. Bell is
1:19:41charged with murder in the second
1:19:43degree. I'm going to start with that
1:19:44charge and then go back to McNabb being
1:19:46charged with
1:19:47uh the malice murder and the felony
1:19:49murder.
1:19:50So, what is murder in the second degree?
1:19:52Well, it's irrespective of malice. It
1:19:54refers to cruelty to the second degree
1:19:57in that there was a death that was
1:19:59caused as a result of that cruelty in
1:20:00the second degree. So, she's charged
1:20:02with on October the 7th that she did
1:20:04commit the offense of murder in the
1:20:06second degree when the accused caused
1:20:08the death of Kaleia McNabb, a human
1:20:10being, irrespective of malice while in
1:20:12the commission of cruelty to children in
1:20:13the second degree by causing Kaleia
1:20:16McNabb, a child under the age of 18
1:20:18years, cruel and excessive physical pain
1:20:21through the infliction upon her of blunt
1:20:23force trauma to the head. We know she
1:20:25had blunt force trauma to the head. We
1:20:26know that's excessive physical pain. We
1:20:28know that she's a child under the 18
1:20:29years of 18 and we know that we don't
1:20:31have to prove malice in this case. And
1:20:34so, what has to be proved is that there
1:20:35was some sort of a cruelty to the child.
1:20:38So, what
1:20:39what would that be? In this case, it
1:20:40would be neglect. It would be drugs. It
1:20:43would be violence. She's accountable for
1:20:45her decisions.
1:20:47She chose to bring this child into this
1:20:51environment. Now, the defense says,
1:20:52"Well, you know, she was being abused,
1:20:55and she had a lot going on in her life."
1:20:57And yes, domestic violence is common.
1:20:58Yes, it's prevalent, unfortunately. And
1:21:00we see a lot of cases that we prosecute
1:21:02here in in this county and in Walton
1:21:04County where
1:21:06um victims are not allowed to get away
1:21:07from their abusers. They are held under
1:21:09the thumb of their abusers. They're
1:21:11afraid to go get a TPO. They're afraid
1:21:14to go seek help from the court system.
1:21:16They're afraid that if they call 911,
1:21:17they're going to get beat worse the next
1:21:19day. They're afraid that if they call
1:21:20911, uh D facts might come and take
1:21:23their children away from them. This is
1:21:24not the case here. There's a big
1:21:26distinction.
1:21:27She's She's getting beat up by him from
1:21:30time to time,
1:21:32but she keeps going back for more. He's
1:21:34trying to leave her.
1:21:35He is saying, "Why do you always have to
1:21:38follow me?" He said that in the
1:21:39statement on 12/13. It's awful. He He
1:21:41tells Alexander this, and again, I don't
1:21:44I can't imagine why he thought these
1:21:45kind of statements were helpful to him,
1:21:47but he tells Alexander, "Yeah, you know,
1:21:49she always wanted to follow me. She
1:21:50always wanted to be with me.
1:21:52I wanted my freedom. She wouldn't let me
1:21:54just go."
1:21:56And so, what I figured out is if I just
1:21:57beat her up a little bit,
1:21:59then, you know, that that she couldn't I
1:22:01could get away. You know, telling Shane,
1:22:03"Slam on the gas."
1:22:05And yet, there she goes, you know?
1:22:08And to some extent, Mr. Frost is right.
1:22:10In her naive, young, foolish mind,
1:22:15"Well, if I just keep, you know,
1:22:17forgiving him and loving him, and baby,
1:22:19come back, and baby, I'll do this." And,
1:22:22you know, it's just she's pursuing
1:22:24something. And yes, there's there's
1:22:26there's mitigating factors there in
1:22:28terms of maybe what her punishment
1:22:30should be if she's convicted. Yes.
1:22:33But you're not determining punishment.
1:22:34You're only determining guilt or
1:22:36innocence. Did she in fact do what she's
1:22:39charged with doing?
1:22:40The judge deals with sentencing. The
1:22:42judge can take into account all the
1:22:43circumstances like that she was young,
1:22:46like that Pam Hamby was a horrible
1:22:48mother that you know didn't certainly
1:22:49teach um
1:22:51Courtney how to be a mother. There's
1:22:52there's no question about that. But you
1:22:54know lots of people are raised in single
1:22:56parent homes. Lots of people have that
1:22:58challenge in front of them.
1:23:01That doesn't mean that you get a pass to
1:23:03abuse your child or to neglect your
1:23:04child.
1:23:05You You can't go pursue She knows that's
1:23:08not right.
1:23:09She knows it's not right to neglect her
1:23:11children. She knows the drugs are not
1:23:12good to have around her child. And you
1:23:14know why she knows that you know how we
1:23:16know that? Because she told us that. I
1:23:17mean she literally says in her statement
1:23:23when Alexander says you're being charged
1:23:25with cruelty to children second degree
1:23:27um and then she says, "I don't know what
1:23:29that means." And he says, "It's
1:23:31contributing to the deprivation of a
1:23:32child. It basically means that because
1:23:34of the improper care and the things that
1:23:36have been going on in that household
1:23:37that the children" and he she and her
1:23:39husband says, "Well, that's the only
1:23:40thing I should be charged with."
1:23:43She's like, "We've talked about that. I
1:23:44agreed to that." I mean so she knows
1:23:46that she's neglected her children. And
1:23:48And he says, "Who talked about that?"
1:23:50She says, "When we first met, I told you
1:23:52I was completely honest. I told y'all
1:23:54what all went on and all what happened
1:23:56and what all we did." And he says,
1:23:58"Uh-huh." And she says, "I'm guilty of
1:24:00somewhat neglect because I did drugs."
1:24:02So she knows that. She knew that was
1:24:04wrong to do that to it to involve her
1:24:07children around that.
1:24:09And she says, and I'm quoting, "I agree
1:24:11that I did effing I did drugs. I agree
1:24:15that mine and his relationship wasn't
1:24:17fit for kids.
1:24:19But I was trying. I loved our babies.
1:24:23And she talked about how she had smoked
1:24:25marijuana throughout whole pregnancy and
1:24:27she had done methamphetamine at least or
1:24:30you know, 10 times while she was
1:24:31pregnant with the child. Um she knows
1:24:34it's wrong. She knows what she's doing
1:24:35is wrong.
1:24:37And her naivety or her, you know, pipe
1:24:40dream and and it's a good thing to want
1:24:42to have a father for your children. It's
1:24:43a good thing to want to have a home. I I
1:24:46don't doubt that. I really don't. I
1:24:48don't doubt that she wanted this, you
1:24:51know, kind of the all-American dream,
1:24:53mom, dad, two kids and, you know, the
1:24:54dog. But the reality is this guy is not
1:24:57capable of that.
1:25:00And so she's pursuing something and she
1:25:02knows better. And she you know how she
1:25:03knows better? Cuz her family's telling
1:25:05her that. Tim Bell
1:25:07it was no secret had no love lost for
1:25:09for this man McNabb.
1:25:12He was concerned about his daughter's
1:25:13well-being, much less his
1:25:15granddaughter's well-being.
1:25:16But Courtney was wild, stubborn,
1:25:20strong-willed and thought she was going
1:25:21to prove everybody that true love was
1:25:23going to win out in the end. And it
1:25:24didn't work out too well. Now she's
1:25:26charged with murder and her baby's gone
1:25:28forever.
1:25:32And she's responsible for that.
1:25:34She's accountable. She chose to make
1:25:36these decisions. Cruelty in the second
1:25:38degree is with criminal negligence that
1:25:40she caused Caliyah McNabb, a child under
1:25:42the age of 18, cruel and excessive
1:25:44physical pain through the infliction
1:25:45upon blunt force trauma. Now this
1:25:47doesn't mean that
1:25:49it's alleged that she inflicted the
1:25:51blunt force trauma, but because of her
1:25:54negligence did the child suffer blunt
1:25:57force trauma? Well, if you look at what
1:25:59the definition of criminal negligence
1:26:00is, it's defined as an act which
1:26:02demonstrates a willful, wanton, or
1:26:05reckless disregard for the safety of
1:26:07others who might reasonably be expected
1:26:10to be injured thereby.
1:26:14Willful, wanton, or reckless disregard.
1:26:17It's a disregard.
1:26:19Yeah, I know I should expose my kids to
1:26:22these violence. She said it. Yeah, I
1:26:24know you shouldn't be, you know, smoking
1:26:26meth when you have kids around you.
1:26:29But, you know,
1:26:30well, that's what this is.
1:26:32There's no intention required. We don't
1:26:34have to prove that she intended to harm
1:26:35her child. There's no evidence of that.
1:26:38Um if she had seen if she'd woken up
1:26:41and heard or seen McNabb beating on her
1:26:43child,
1:26:45I bet you she would have run in there
1:26:46and got into it and and try to fight off
1:26:48McNabb. I I don't think she would ever
1:26:50just sit and watch that happen.
1:26:53But, that's not what she's charged with.
1:26:54She's charged with neglecting her child
1:26:56and putting her child in the situation.
1:26:58Her child Kalila needed a mother who
1:27:00could hear her cries.
1:27:02That's what she deserved. That's what
1:27:04she needed. And she needed a mother who
1:27:06could protect her from the volatility of
1:27:07this man.
1:27:08And Ms. Bell could not say to you that
1:27:10oh, I didn't know he was capable of
1:27:12hurting my children because he showed it
1:27:14time and time again.
1:27:16And you she couldn't say and Mr. Frost
1:27:18can't argue, well, you know, but she was
1:27:20sleeping so it's not her fault she
1:27:21didn't hear her child. She's passed out
1:27:23on the couch.
1:27:25She's using drugs. And it isn't about a
1:27:27singular moment. You know, this is this
1:27:29charge is not that one singular bad
1:27:32decision.
1:27:33You know, like what what was alleged by
1:27:35the defense was, you know, well, if you
1:27:36leave your kids, you know, out in a
1:27:39ocean where there's sharks swimming
1:27:40around and they're being fed and there's
1:27:42blood in the water. Yeah, that's a
1:27:43singular action. We're looking at a
1:27:45cumulative 14 days of this child's life.
1:27:49You know, everybody like Mr. Frost said,
1:27:51everybody can make a mistake.
1:27:53I mean, my goodness, what if you
1:27:54accidentally left a candle burning and
1:27:56the child it fell over on the child and
1:27:58the child burned. I mean, there are
1:27:59going to be situations that are just
1:28:01accidents that nobody could foresee.
1:28:05But, that's not what this is. I mean,
1:28:06we're talking about for 14 days what's
1:28:08happening to baby Kalila. I I let's
1:28:10actually talk about what baby Kaleea's
1:28:13life was for 14 days. And the only
1:28:15person who really had control over that
1:28:17is Courtney Bell.
1:28:19McNabb, you know, anytime he sees Tim
1:28:21Bell, he runs like a chicken, like a
1:28:23coward.
1:28:25Guilty conscience, once again.
1:28:27Poor girl is walking around black eyes
1:28:29the day their baby's missing. You saw it
1:28:31in the trailer.
1:28:33Probably another reason he runs.
1:28:36What a coward. Beats up on women and
1:28:38beats up on babies.
1:28:40Then has the nerve to go get a tattoo of
1:28:42the baby on his face to impress you all.
1:28:45Look, here's my tears I just tattooed.
1:28:49Just in case you don't buy my real ones,
1:28:50I've got them painted on my face for
1:28:52you.
1:28:54This is Kaleea's life.
1:28:56This is what Kaleea
1:28:58for 14 days of her life experienced.
1:29:01She's born,
1:29:02spends 4 days at the hospital.
1:29:04Thank the Lord. There she was being fed,
1:29:07being taken care of.
1:29:09Probably held by some sweet nurses there
1:29:11at the hospital. They are saints and
1:29:13angels. Then on October 1st,
1:29:16we know that this
1:29:17baby went and was dropped off over at
1:29:20Megan's. Megan said she dropped him off
1:29:22for a couple days. So there is two or
1:29:23three days where Courtney's running
1:29:25around chasing Chris, remember?
1:29:28She's texting him. It's all in those
1:29:30Facebook records.
1:29:31When you guys go back in the back to
1:29:33deliberate, you're going to get all this
1:29:34evidence.
1:29:35The only thing you really can't do with
1:29:37the evidence is you can't You're not
1:29:38going to get a recording device or
1:29:40playing device, so you can't play all
1:29:41these interviews again.
1:29:43If there was something in question or in
1:29:44doubt, you could always request to hear
1:29:47that portion again. Hopefully you don't
1:29:49want to hear all
1:29:51Stephan or whatever it is that we played
1:29:52six interviews again. Um
1:29:55but you will have the pictures, you will
1:29:57have the um
1:29:59the Facebook data. Um I think it was
1:30:01mentioned during the direct examination
1:30:03testimony that it's backwards. So if
1:30:04you're trying going at it, you got to
1:30:05remember that it goes backwards, you got
1:30:07to remember that it's universal time, so
1:30:09you got to subtract 4 hours. Um but if
1:30:11you really wanted to sit there for a
1:30:13week
1:30:14and just go through the records, you
1:30:15could see all their communication during
1:30:17all these days, and we just showed you a
1:30:19little bit of it, you know, with with
1:30:21Investigator Alexander on the stand,
1:30:22with Bob Alexander, because we wanted to
1:30:24show you that during this period of
1:30:25time, she's not here with her kids,
1:30:27either. He's gone smoking dope over on
1:30:30Woodlawn Road,
1:30:31but he won't tell her where she's at.
1:30:33And then he'll like the next day say,
1:30:35"Come pick me up. Here's the address."
1:30:37Like after he's partied, after he's done
1:30:38whatever he wants to do, and he needs a
1:30:40ride again in the methmobile, he, you
1:30:42know, I guess flashes the big M up in
1:30:44the sky, and she comes and picks him up,
1:30:46and they go to the next meth house. And
1:30:47so they go from um you know, Woodlawn,
1:30:51they go over to Laurel Drive, and they
1:30:53stay over there at Laurel Drive with
1:30:55Shane Kidd and his crew, and they're
1:30:56bouncing around in Meadowbrook, etc.,
1:30:59etc. So, we know that all this is
1:31:01happening
1:31:02um during this period of time about
1:31:04October the 1st to the 3rd, and we know
1:31:06that this child is just in the hands and
1:31:07in the care of Megan Sorrells. Again,
1:31:10thankfully, because there's no
1:31:12suggestion of anything but love um and
1:31:15kindness that Megan would have supported
1:31:17that child and and and tried to do the
1:31:19best that she could to take care of that
1:31:20child. She is a a good mother,
1:31:23obviously, to her children, and she was
1:31:25trying to help out. I think she alluded
1:31:27to the fact on the stand that
1:31:29she knew what was Courtney was up to,
1:31:31and she didn't want that child to be
1:31:32around that environment.
1:31:34And then on October the 3rd is when Tim
1:31:36comes, and Tim picks up the children, um
1:31:38and takes them. And we heard the two 911
1:31:40calls, and we hear Courtney on the
1:31:42phone, you know, "My dad took my kids in
1:31:44my car." And Tim Bell saying, you know,
1:31:47"They have abandoned those young'uns."
1:31:49And that sort of thing. Um we know that
1:31:51at some point in time on the 5th,
1:31:53Courtney's back over at her dad's house.
1:31:55Um she he asks she calls and asks, "Will
1:31:58you pick up my kid pick me up and take
1:32:00me to see my kids?" And she stays over
1:32:02there and according to Tim, there's a
1:32:04lot of hollering and arguing back and
1:32:06forth that day. She wanted the car.
1:32:08Um she's texting Chris McNabb like
1:32:10crazy. Those were a lot of those
1:32:12messages that we were reading to you
1:32:14um where, you know, they're fighting and
1:32:16he's saying, "Give me the car. Just get
1:32:17the car. Steal the car. Do this. Do
1:32:19that."
1:32:21Um and that's what's happening on the
1:32:225th. Then by the 6th, you know, that's
1:32:25when he's going to bring Tim Bell's
1:32:26going to bring the children back to the
1:32:28house.
1:32:29Um and so where Where is Kalia, by the
1:32:31way? Been with her mother. We don't even
1:32:32know where Kalia was between the 27th
1:32:35and the 1st.
1:32:36Um there may be um a suggestion that
1:32:39Missy Davis is watching them sometimes,
1:32:41but we don't know that the child was
1:32:43even with the parents during these four
1:32:45days, but we certainly know that the
1:32:47child was not with the parents between
1:32:50October the 1st and like the 6th. So
1:32:53there's five days missing of her life.
1:32:55There's four days missing up here, which
1:32:57is nine days. I mean, the child was
1:33:00missing here. So I mean, they've only
1:33:02had their child for a couple of days. So
1:33:04for either of them, I mean, especially
1:33:05McNabb to sit there and say, "I love my
1:33:07babies. I loved holding her. Oh, I
1:33:10loved, you know, just loving on her and
1:33:12when I'd touch on her little face and
1:33:14calm her down." That's He's so full of
1:33:16it. He's running around chasing dope
1:33:19and chasing his freedom and abandoning
1:33:21his children.
1:33:23He talks like a dog to the mother of his
1:33:25children.
1:33:28Thank goodness Clarissa was is not being
1:33:30raised by that man because what would he
1:33:33have taught Clarissa about how to treat
1:33:34a woman or how to treat the mother or
1:33:36how to how she should be treated. You
1:33:38know, Tim Bell did a good job raising
1:33:41Courtney to to the extent that he could.
1:33:43I mean, I I know he's a father raising a
1:33:44daughter, but he's indulged her a little
1:33:46too much. He's over-indulged her.
1:33:48There's no insult as Mr. Frost said
1:33:51about the living in the the mobile home
1:33:53park. Nobody's insulting that. They had
1:33:55provisions, but not because they were
1:33:58getting their own provisions, it's
1:33:59because they were letting their
1:34:00grandparents take care of everything,
1:34:01buy them all the milk, buy them all the
1:34:03diapers, even buying them cigarettes.
1:34:06They just literally
1:34:08Chris McNabb was a user and he he is
1:34:10he's abuser, he abused her, being
1:34:13Courtney, he abused drugs, and he used
1:34:16Courtney for a car, and he used all the
1:34:19items at Tim Bell. I'm sure he kept the
1:34:21refrigerator stocked and he kept food in
1:34:23the house and he kept diapers on on the
1:34:24baby. So, that that's all credit to Tim
1:34:27Bell.
1:34:29And then the baby is missing and then
1:34:30the baby is found dead. And really we
1:34:32know the baby was dead on this day. The
1:34:34baby was dead on the 7th.
1:34:35Baby Caliyah
1:34:37had a very short lifespan and
1:34:41if you
1:34:42want to sit here and say that Courtney
1:34:44Bell
1:34:45has no responsibility in this, that's
1:34:47just not true.
1:34:48That's the mother of that child.
1:34:51All of those days from the day she left
1:34:52the hospital, that baby could have been
1:34:54in that nice in that trailer. I say nice
1:34:56trailer, it wasn't nice because it was
1:34:58dirty and messy.
1:35:00But Courtney Bell could have been in
1:35:01that trailer or with Tim Bell. She had
1:35:03places to go.
1:35:04You know Kim Weatherford, you know Megan
1:35:06Sorrells, you know they would have let
1:35:08her come over there. She had places to
1:35:10go to take care of that child and do
1:35:11what any mother should want to do with
1:35:13her newborn baby. Cuddle it, hold it,
1:35:15sing to it,
1:35:16uh
1:35:20pray over it,
1:35:23nurture the child, but she chose to take
1:35:26this baby down this path with her.
1:35:31And she put Chris McNabb and herself
1:35:34above her child. And so therefore, she
1:35:37is negligent because she created this
1:35:40environment. She's the one that not on
1:35:42October the 6th, if we're going to get
1:35:43specific now and not general, she's the
1:35:45one that's in How could you leave
1:35:46without me? I want to smoke dope, too.
1:35:48Then she's smoking dope right then,
1:35:51hours before her child goes missing.
1:35:53That's negligence.
1:35:55If it's not,
1:35:56then is it okay if everybody if if
1:35:59you've got a child that's under 2 years
1:36:00old, if you've got a 14-day-old in
1:36:02Covington, and you can't afford to go to
1:36:03preschool, just go drop them off at the
1:36:06local madhouse in town.
1:36:09No, that's not negligent. That's not
1:36:10abuse of a child, right? Because the
1:36:12minute that happens, pretty sure D-Fax
1:36:14is going to take the kids.
1:36:16Pretty sure if my office finds out about
1:36:18it, you're going to get prosecuted. And
1:36:19that should be the message that comes
1:36:20out of this trial.
1:36:22You want to abuse drugs, then do it. You
1:36:24want to bring children into this world,
1:36:26you better raise them. You better take
1:36:28care of your children.
1:36:30Break the cycle.
1:36:34She failed to provide
1:36:36proper parental care and adequate
1:36:38supervision. I just want to go back for
1:36:39a second because
1:36:41I don't know if you notice this here,
1:36:42but I got a rattlesnake right up there.
1:36:45When I click on it and it goes into the
1:36:47drugs and all that, and and the
1:36:48rattlesnake is because um
1:36:52you would never take a rattlesnake and
1:36:53you wouldn't throw it in a trailer of
1:36:55that size
1:36:56with a newborn baby, would you? Would
1:36:58you wouldn't take a rattlesnake
1:37:00and throw it in with a 14-day-old child
1:37:03and think
1:37:05that that wasn't careless, that that
1:37:06wasn't negligent, was it wanton or or
1:37:09willful neglect?
1:37:11Would you put a rattlesnake What would
1:37:13you expect might happen if you put a
1:37:14rattlesnake in a trailer with a child?
1:37:17That child's going to get bit. Something
1:37:19bad is going to happen.
1:37:22Well, Chris McNabb was a rattlesnake.
1:37:25Chris McNabb was a rattlesnake, and so
1:37:27was the methamphetamine
1:37:31that she put into her body.
1:37:33That's another poisonous venom
1:37:36in our society that she chose to bring
1:37:39around that child.
1:37:42And so, you can't get around the fact
1:37:45that Courtney Bell shares in the
1:37:46responsibility of her child's death.
1:37:49Look at her behavior afterwards.
1:37:51Running around, smoking dope. Even when
1:37:54Chris jumps out of the car and she knows
1:37:56her baby's found, she wants to go to
1:37:57Anderson Circle to get high.
1:38:06So, in count three, she's charged with
1:38:08failure to provide proper parental care
1:38:10and adequate supervision. And it says
1:38:12contributing to deprivation of the
1:38:13minor. The statute actually says
1:38:14contributing to dependency of a minor.
1:38:16Um but the body is what is important.
1:38:19What what's being alleged here is that
1:38:20she willfully failed to provide parental
1:38:22care or control for Caliyah McNabb, a
1:38:25minor child under the age of 18, and
1:38:27failed to provide such child with
1:38:28adequate supervision necessary for the
1:38:30child's well-being. Said act resulting
1:38:32in her being a deprived or actually
1:38:35again, substitute the word dependent
1:38:36child in accordance with the provisions
1:38:38of code section 15-11-2. So, code
1:38:40section 15-11-2 essentially is kind of
1:38:44what's in the body here that if you're
1:38:45failing to provide proper parental care,
1:38:47you're making that child in a situation
1:38:49that they're dependent, so as like they
1:38:51need even like the court's protection,
1:38:53um then you're you're
1:38:56contributing to the dependency of that
1:38:57child.
1:38:59And of course, she's got
1:39:02that in her statement that she knows de
1:39:04facto could take her children. So, she's
1:39:06aware that she's contributing to this,
1:39:08that she's making her child dependent
1:39:09upon protection of the court, and that
1:39:12her child has been abused or neglected.
1:39:14And so, all of these sort of are similar
1:39:16when you're talking about her charges
1:39:18are independent. You have to find her
1:39:19guilty of each one independent of each
1:39:21other. Um but I would suggest that the
1:39:23evidence has shown in this case that she
1:39:24is guilty of all three counts in this
1:39:26indictment because of her actions.
1:39:29Now,
1:39:31quickly I'll go through the timeline
1:39:32again. I think we've all got these dates
1:39:34and times memorized in in our
1:39:36um part. 3:00 to 5:00 a.m. was when they
1:39:39said that they were sleeping. 5:51 is
1:39:42when we know McNabb is on Facebook. 9:33
1:39:45is when the text message comes in from
1:39:47Dad McNabb.
1:39:49Um and then we've got Chris texting
1:39:50Courtney Morris at 9:42 in the morning,
1:39:53which, you know,
1:39:54sort of busts his little window down to
1:39:57a very small time frame that somebody
1:39:59could have broken in and and stolen his
1:40:00child. And then Courtney says we wake up
1:40:03at 10:19. So even if you look at the
1:40:059:42,
1:40:07if he's texting if he's texting and
1:40:09flirting with his Courtney Morris, "Oh,
1:40:10sorry, my bad." Well, one of the reasons
1:40:13why I wanted to play that last jail call
1:40:16that we played with Bo Alexander is he
1:40:18sort of he talks about this whole thing
1:40:19with Courtney Morris on there with
1:40:21Courtney Bell.
1:40:22And she's like, "Courtney Morris has
1:40:24screenshots of you you know,
1:40:26communicating with him." He says, "No,
1:40:27no, no. Remember that night before you
1:40:29told me to block her." So So you get the
1:40:31idea or you get the picture that she
1:40:33discovers Courtney Bell discovers that
1:40:34he's on Facebook sending in a friend
1:40:37request or a messenger request to go
1:40:39talk to Courtney Morris, who's never met
1:40:41before, but remember he's loving his
1:40:43babies and having a regular family day
1:40:45of living according to his statement.
1:40:47He's sitting there flirting with some
1:40:49woman
1:40:50um at 8:00 at night on the night before.
1:40:52Courtney tells him, "Shut it down. You
1:40:53don't need to be talking to her. You
1:40:54need to block her."
1:40:56And then he unblocks her the following
1:40:58day. Um so he admits that. He admits
1:41:01that's him.
1:41:02Um he can't say somebody hacked into his
1:41:04phone and it was somebody else. He
1:41:05admits that he was the one that was
1:41:07texting her. That's in the jail call.
1:41:09And he admits that Courtney had told him
1:41:11to block her the night before, and then
1:41:12he tries to play cool
1:41:14to the girl the next day, the other
1:41:16Courtney, like, "Oh, my bad. I don't
1:41:17know what happened."
1:41:18You know, he can't say like, "My
1:41:19girlfriend caught me and she made me
1:41:22block you." He would lose cool points if
1:41:24he did that. So he has to act like he
1:41:27accidentally blocked her.
1:41:28But if he was if he was awake enough to
1:41:30do that,
1:41:32do any of y'all believe that he fell
1:41:33back to sleep then
1:41:35before little Clarissa comes in there?
1:41:39And Clarissa comes in there at around
1:41:419:10 19 in the morning.
1:41:43And incidentally, it's very important
1:41:45about what um Clarissa did.
1:41:48Because if a child had seen something or
1:41:50heard something that concerned her,
1:41:53um you would think that she would go
1:41:54running to the arms of her parents
1:41:56because she was um in need of protection
1:41:59or she was hurt or she was scared or she
1:42:01was frightened, but she was hiding
1:42:02behind that couch. They both said that
1:42:04she was backing up and hiding behind the
1:42:06couch.
1:42:08Would that not be suggestive of the fact
1:42:10that one of the two of them were
1:42:12involved in whatever happened to the
1:42:13sister? Why would she hide from her own
1:42:15parents?
1:42:17Pretty powerful evidence, her body
1:42:19language. She was only 2 years old.
1:42:22He even makes a statement like, you
1:42:24know, "Daddy's a protector."
1:42:27Daddy can't even protect their mother
1:42:29from himself.
1:42:32And then we have the 911 call, then
1:42:34Chris of course does a disappearing act,
1:42:36which he's known to do. Remember he ran
1:42:38even from the hospital when his own baby
1:42:39was sitting there cuz he got freaked out
1:42:41and saw the police. And Shane said he
1:42:43had to go pick him up because he ran
1:42:45from the hospital
1:42:46um and goes into Academy Springs Park,
1:42:49which I'm not really clear why that
1:42:50would be a good place to go cuz that's
1:42:51right across from the police department.
1:42:56I'm not going to go through the calendar
1:42:57again cuz we just did that a little bit
1:42:58ago. Um I want to finish up by just
1:43:01talking about the law.
1:43:02Um they you've heard reasonable doubt
1:43:04mentioned to you a couple of times. I'm
1:43:06not going to reread it, um but I do want
1:43:08you to know and remember that it's not a
1:43:10vague or an arbitrary doubt. So, it's
1:43:12not just, "Well, you know, they they
1:43:14didn't account for the escapee and they
1:43:16didn't account for the person who might
1:43:18have broken into the house, the
1:43:19conspiracy theories and all that silly
1:43:21nonsense." The state's not required to
1:43:22prove that. Um to disprove every
1:43:26theoretical that they can come up with.
1:43:28Nothing else makes sense in this case,
1:43:30and we've proven to you beyond a
1:43:31reasonable doubt the elements of the
1:43:33crime against Mr. McNabb. In fact, Mr.
1:43:35McNabb is charged with malice murder, so
1:43:38I want to talk for just a second to you
1:43:39about what he's charged with because
1:43:41those charges are different than
1:43:42Courtney's.
1:43:43Um now, Courtney is charged
1:43:46with cruelty and so is he.
1:43:48Um
1:43:49and we talked about that. The same
1:43:51principles of law apply. It was argued
1:43:53by Mr. Frost that if you don't believe
1:43:55that Chris killed the baby, then
1:43:57Courtney's automatically not guilty. So,
1:43:59in other words, if you don't think that
1:44:00Chris McNabb is the one who killed the
1:44:01child and you think maybe somebody else
1:44:03broke in and took the child and killed
1:44:04the child, then she's automatically not
1:44:06guilty and that's just not true.
1:44:08Because as a mother, she's there to
1:44:10protect her child for whatever's
1:44:12happening, whether it's McNabb or
1:44:13whether it's random stranger guy. And
1:44:16it's not as if she was just a mother
1:44:17again doing what's right, being alert,
1:44:21being ready to take care of her child.
1:44:22She had smoked drugs and that's um
1:44:24made
1:44:25her incapacitated, if you will, um to be
1:44:28able to protect her child. So, she's
1:44:30guilty even if you don't think that
1:44:32Chris is the one who murdered the child,
1:44:33although I would argue that
1:44:36Chris murdered the child, of course.
1:44:38Malice murder,
1:44:40a person commits malice murder when that
1:44:42person unlawfully and with malice
1:44:43aforethought, either express or implied,
1:44:45causes the death of another human being.
1:44:47Express malice is the deliberate
1:44:49intention to take away the life of
1:44:50another, which we don't have here. That
1:44:51would be like somebody saying, "Hey, I'm
1:44:53going to kill my child." Don't have that
1:44:55in most murder cases, but you have
1:44:57implied malice. And implied malice is
1:44:59when all of the circumstances of the
1:45:02killing show an abandoned and malignant
1:45:05heart, which what we have here, right?
1:45:06The circumstantial evidence, the
1:45:08circumstances of those injuries to that
1:45:10child suggest that whoever killed that
1:45:12child had an abandoned and malignant
1:45:15heart. You'd have to to kill a
1:45:1614-day-old baby. You'd have to,
1:45:18especially to be the father of that
1:45:20child. And so, it's for you to decide
1:45:22whether or not the facts and
1:45:23circumstances of this case show malice.
1:45:25But it doesn't mean that it has to be a
1:45:27premeditated murder. It doesn't mean
1:45:30that there has to be ill will or hatred
1:45:32towards the child, but it's the unlawful
1:45:34intention to kill without any sort of
1:45:37justification, excuse, or mitigation.
1:45:39So, you don't have to premeditate it.
1:45:41You don't have to have motive.
1:45:43And you don't have to have any sort of
1:45:46um period of time, like a planning
1:45:49period of time. If a killing is done
1:45:51with malice, no matter how short that
1:45:53time of malicious intent may have
1:45:54existed, such killing constitutes
1:45:56murder. What that means is if he's
1:45:58sitting there playing video games or
1:46:00he's playing on his Facebook or he's
1:46:02smoking meth, doing whatever he's doing,
1:46:04like Courtney's passed out on the couch,
1:46:06and he hears that child crying one more
1:46:08time and it drives him crazy, and he
1:46:10goes back there and he does whatever he
1:46:11does, that's malice murder. You don't
1:46:14have to have a plan. You don't have to
1:46:16say, "Well, I think I'm going to go back
1:46:17there and kill my daughter right now."
1:46:19Because we know McNabb, what what we
1:46:21know by all of the things we've seen in
1:46:22this case, he's impulsive.
1:46:25He doesn't think before he acts. He
1:46:26punches. He slams his hand against his
1:46:29fist against that table. He loses it on
1:46:31the phone. He screams. He throws things
1:46:33out the window. So, that's still malice
1:46:35murder because there's no time frame for
1:46:37which he would have had to form that
1:46:39malicious intent. He could form it in an
1:46:41instant. Georgia law does not require
1:46:43premeditation, and no particular length
1:46:45of time is required for malice to be
1:46:47generated in the mind of a person. It
1:46:49may be formed in a moment, and instantly
1:46:51a mortal wound may be inflicted. So, he
1:46:54literally could have thought in 2
1:46:55seconds. He could have gone back there,
1:46:56picked up the baby, and thought,
1:46:58"Well, maybe I'll feed her and she'll
1:46:59shut up." And then when he put that
1:47:01bottle in her mouth and she wouldn't
1:47:02shut up, he just nah.
1:47:04Whatever he did, however he killed that
1:47:06child,
1:47:07that's malice murder. It doesn't have It
1:47:09can be formed in an instant. It doesn't
1:47:11have to be premeditated, and we do not
1:47:14have to have motive, as well.
1:47:16There's no motive that's required under
1:47:18Georgia law. Um
1:47:20certainly the motive in this case would
1:47:22be that he is just an angry
1:47:25um agitated person when he's on
1:47:28methamphetamine. In fact, Craig
1:47:30Weatherford testified that everybody
1:47:31acts out of character when you're on
1:47:32methamphetamine, and we know the
1:47:35defendant said that several times in his
1:47:36statement. In the third statement, in
1:47:38the 12/13 statement,
1:47:41he's telling Alexander that he beats
1:47:42Courtney up. And he's like, "Man,
1:47:45it was the meth. I was strung out on
1:47:46dope." I mean, that's sort of his excuse
1:47:48for why he's so violent towards Courtney
1:47:51is because of that. Now, he's also
1:47:53charged with felony murder. And a person
1:47:55in this case, we've got two different
1:47:57crimes. Um felony murder in Georgia law
1:48:01is just an alternative form of murder.
1:48:03So, you've got malice murder, right?
1:48:05He's guilty of malice murder because
1:48:08it's it's not that he he formed the
1:48:10intent to kill that child in an instant.
1:48:12And the circumstances surrounding it,
1:48:14the amount of blows, the extent of the
1:48:15damage shows that that was there was a
1:48:18malice intent. Just not ill will or
1:48:20hatred, but an intent to kill. He formed
1:48:23that. He's guilty of of malice murder.
1:48:25But felony murder would be in this case
1:48:27killing the child in the commission of
1:48:30the aggravated battery, which is what
1:48:32he's alleged to have done.
1:48:35And also in connection with cruelty to
1:48:37children in the first degree. So, you've
1:48:39heard cruelty second, what's cruelty um
1:48:42first?
1:48:44Well, first of all, he's charged with
1:48:46aggravated battery.
1:48:51Everybody knows what a battery is,
1:48:52right? A battery is when you punch
1:48:54somebody, and and aggravated battery is
1:48:56you're probably just what it sounds
1:48:57like. It's when it's a really bad
1:48:59battery. It's when you maliciously cause
1:49:01bodily harm um to another person, in
1:49:04this case Kaleia McNab, by rendering a
1:49:06part of their body useless, a member of
1:49:08their body useless. In this case, Kaleia
1:49:10McNab's little brain was useless, right?
1:49:12Because we saw what it is was liquefied.
1:49:15Um and said Kaleia McChild, excuse me,
1:49:18Kalia McMath is a child of the accused."
1:49:21So, she is his daughter, of course, and
1:49:24in this case it's alleged that he
1:49:26maliciously caused bodily harm. So, if
1:49:28in the maliciousness, in the act of
1:49:31causing the harm to the child which
1:49:32rendered the child's body useless in
1:49:35some part of their body, which in this
1:49:36case we've alleged the brain, the child
1:49:38dies,
1:49:39that's felony murder.
1:49:40So, it's just when you're committing a
1:49:42felony
1:49:43and there's a cause relationship, that
1:49:45felony causes a death.
1:49:47And so here, he's guilty of aggravated
1:49:49battery, just like he's guilty of malice
1:49:51murder, and because he's guilty of
1:49:53aggravated battery, then he's also
1:49:54guilty of felony murder.
1:49:56Each of these are alleged
1:49:59both in the felony murder, but also
1:50:00independently, if that makes sense. So,
1:50:02you can't have a felony murder without
1:50:03having a felony.
1:50:05All right, then he's charged with felony
1:50:06murder in connection with cruelty to
1:50:07children
1:50:09in the first degree,
1:50:11which is that he maliciously caused
1:50:13Kalia McMath, a child under the age of
1:50:1418, cruel and excessive physical pain by
1:50:17inflicting blunt force trauma upon the
1:50:19child to her head.
1:50:22Again, it's kind of one of those either
1:50:24you believe he did it if he didn't. If
1:50:26you believe that McMath was the one who
1:50:28killed that child, he's guilty of all
1:50:29these charges. They're not difficult
1:50:31charges legally, as Mr. Carter said,
1:50:34it's that again, he he caused excessive
1:50:36physical pain by inflicting blunt force
1:50:38trauma
1:50:39upon the child, which is different than
1:50:40cruelty in the second, which is what
1:50:42we've got both of them charged with,
1:50:44where there's criminal negligence.
1:50:46So, remember that cruelty in the second
1:50:48second degree just means it's
1:50:49negligence. That's why Courtney's
1:50:51charged with negligence. She's not
1:50:52charged with murder, malice murder,
1:50:54felony murder, she's charged with murder
1:50:56in the second and cruelty in the second,
1:50:58and cruelty in the second is what forms
1:51:00the basis of the murder in the second.
1:51:03Um, in this case, he's charged with
1:51:04cruelty in the second as well, with
1:51:06criminal negligence, again, same exact
1:51:09charge that charge Courtney's charged
1:51:11with. Now,
1:51:12Mr. Carter says, "Well, there's no
1:51:14evidence of that. I can't imagine a
1:51:15scenario where a TV fell on the child."
1:51:17Um and I would contend that there's
1:51:19really not any evidence that a TV fell
1:51:21on the child or that anything bad
1:51:23happened and that he tried to cover it
1:51:24up um because the injuries are just so
1:51:26bad. You know, they're crushing and
1:51:28everything that Dr. Darasaw testified to
1:51:31is not really consistent with just a
1:51:32even a bad accident that happened to the
1:51:34child. Um he also would be a fool to
1:51:37have not have told law enforcement that
1:51:38because he would have a much less degree
1:51:40of culpability if that had been the
1:51:41case. Um but he would still be guilty of
1:51:44second-degree negligence if one of his
1:51:46meth head guys that had some sort of a
1:51:49beef with him broke into the trailer and
1:51:51killed his child. I mean, you can find
1:51:52that if you believe that it's negligent.
1:51:54See, negligence is really a jury
1:51:55question, right? Because the defense is
1:51:57saying, "Well, I mean, not every person
1:51:59who does drugs and, you know, should be
1:52:01charged with with negligence and
1:52:03neglect." But you're looking at it in
1:52:04this case with these circumstances. A
1:52:07different jury with different
1:52:08circumstances might find that somebody
1:52:10wasn't negligent. Um so, it's very
1:52:12fact-dependent. And you, the jurors, are
1:52:14the ones who determine whether or not
1:52:15they were negligent. And if you do
1:52:18believe somebody snuck into the trailer
1:52:19and killed his child, um whether he
1:52:21should be found guilty just like her
1:52:23because they were smoking meth and
1:52:24asleep. I would suggest in this case
1:52:27that there was no sleeping
1:52:30um on his part. And so, he's guilty of
1:52:33these other murders and the cruelty in
1:52:35the second because it's negligence, um
1:52:38he's not. But it's kind of like if he's
1:52:40guilty of all these murders, that one
1:52:42just stacks underneath it. So, if you
1:52:43were to find him guilty of every count
1:52:45in the indictment, they'll end up
1:52:47merging. The judge would do that as a
1:52:48matter of law. So, you don't have to
1:52:50sort through that. Like, "Well, if we
1:52:51think that he killed her intentionally,
1:52:53what does it mean?" You have to find him
1:52:54guilty on every count, but that doesn't
1:52:57mean that he's going to be sentenced for
1:52:58five different murders if that makes
1:52:59sense. And you're going to have a jury
1:53:00verdict form just like this for each
1:53:02defendant. And whoever you select to be
1:53:04your fourth person will, you know, of
1:53:06course, after you deliberate, fill this
1:53:07form out,
1:53:08and you would say, "We, the jury, find
1:53:09the defendant" and you'll fill in in
1:53:10this blank either guilty or not guilty
1:53:13for each and every one of the counts in
1:53:14this case. Now, he's also charged with
1:53:16something different that she's not
1:53:17charged with. He's charged with
1:53:19concealing the death of another, um
1:53:21because we know that whoever killed this
1:53:23child, and of course, the evidence
1:53:25suggests that it was him, took the child
1:53:27out into the woods um and concealed the
1:53:29child. You saw that hole and you know
1:53:32that um the person, Ms. Tara Robinson,
1:53:34who discovered the bag that the child
1:53:36was in, actually found it covered with
1:53:38debris. So, there was an effort made to
1:53:40conceal the death of another.
1:53:41Unfortunately, it was the death of his
1:53:43own child.
1:53:45I told you I was going to wrap up by
1:53:46explaining just a couple more principles
1:53:48of law, direct and circumstantial
1:53:50evidence. In considering the evidence in
1:53:52this case,
1:53:53you may use reasoning and common sense
1:53:55to make deductions and reach
1:53:57conclusions. Um and you should not be
1:53:59concerned about whether the evidence is
1:54:00direct or circumstantial. The judge is
1:54:02going to explain to you the difference
1:54:03between the two, but circumstantial
1:54:05evidence is proof of a set of facts and
1:54:07circumstances that tend to prove or
1:54:09disprove another fact by inference, um
1:54:11by consistency with some factor or the
1:54:13elimination of others. But, the
1:54:15important thing to remember about this
1:54:16charge is that you don't have to be
1:54:18concerned about whether the evidence is
1:54:20direct or circumstantial. They carry the
1:54:22same weight.
1:54:25And lastly, as a principle of law, I'd
1:54:26like to talk to you just about voluntary
1:54:28intoxication.
1:54:30Georgia law provides that being under
1:54:31the influence of drugs shall never be an
1:54:33excuse for any criminal act. It further
1:54:35provides that if a person's mind, when
1:54:37not affected by drugs, is capable of
1:54:39distinguishing between right and wrong,
1:54:41as well as reasoning and acting
1:54:43rationally, and the person voluntarily
1:54:45deprives himself of that good reasoning
1:54:47and that good judgment, um then
1:54:50um because they have injected those
1:54:52drugs and they committed criminal act,
1:54:54they're going to be responsible just as
1:54:55if they were sober. So, you can't just
1:54:57be sober and know, like, "Ah, it's
1:54:59probably not a good idea to have meth in
1:55:00the house with the kids. I'm going to
1:55:02stop that as soon as Chris puts a
1:55:03wedding ring on me. As soon as he
1:55:05starts, you know, stops beating up on
1:55:07me, we'll have that happy fun family.
1:55:09And then you get high on meth. I mean,
1:55:12you know the difference between right
1:55:13and wrong. Both of them do. He doesn't
1:55:15run
1:55:16because he's scared. He runs because
1:55:19he's conscious of his This is called
1:55:21consciousness of guilt.
1:55:22He runs because he is conscious of his
1:55:25guilt. He knows it. That's why he runs.
1:55:29Each verdict form is separate.
1:55:32I hate to bring up any photographs from
1:55:35the child's autopsy. I clearly don't
1:55:37have any post-incision autopsy
1:55:39photographs displayed here. I wouldn't
1:55:41do that
1:55:42to Kaleea, and I wouldn't do that to you
1:55:44again. And I and I really respect the
1:55:46family that's in here as well.
1:55:48But I find it very ironic the child was
1:55:50wearing a shirt that said stay away
1:55:52boys. Did I say a shirt? A little a
1:55:55little onesie.
1:55:57My daddy works out.
1:55:59That father who this shirt essentially
1:56:01speaks to what every little girl
1:56:04wants from their dad. They want
1:56:05protection.
1:56:07They want a man they can look up to.
1:56:09They want a person who respects and
1:56:11protects their mother.
1:56:13Um
1:56:14I've always heard it said the best way
1:56:16you can teach your children to love is
1:56:18to show and love their mother from a
1:56:20man.
1:56:21And he didn't do any of that. He was so
1:56:24abusive.
1:56:25He was so selfish.
1:56:27And he really harmed that child
1:56:30before
1:56:31he took these malicious, horrific,
1:56:33appalling acts of violence against her.
1:56:36He harmed her by the way She He deprived
1:56:39her of her mother searching and
1:56:41following around Covington for him.
1:56:46This case is about a cry for her
1:56:48innocence.
1:56:49I can't think of anything more innocent
1:56:51than these little feet
1:56:53and that little thumb that was printed
1:56:55on
1:56:56her body or from her body on September
1:56:58the 23rd.
1:57:02Those little feet
1:57:04could have taken her somewhere in life.
1:57:06She had a long life ahead of her
1:57:08and she was deprived of that life.
1:57:11And even though she only weighed
1:57:13a little over 6 lb, her life was
1:57:15valuable
1:57:17and under the law
1:57:19she is a human being
1:57:21and under the law she is entitled to all
1:57:23of the same rights
1:57:25that he is, that she is, that all of us
1:57:28are.
1:57:29This case is about crying out for for
1:57:32her.
1:57:33I literally can't
1:57:35not think about and you shouldn't be
1:57:37able to get out of your mind that the
1:57:39cries of that child that night.
1:57:41He suggests in his last statement that
1:57:43whoever killed her, maybe she just cried
1:57:45really loud.
1:57:47That was a Freudian slip.
1:57:49That child cried and didn't do anything
1:57:52but need love
1:57:53and need support. And her daddy
1:57:58killed her because of that.
1:58:01And so not only does that child cry, did
1:58:03she cry that night, we cry as a
1:58:06community, the citizens of this county
1:58:08Newton County
1:58:10we mourn the death of Kalea.
1:58:12We cry out for justice
1:58:15for Kalea and we cry for a verdict of
1:58:17guilty
1:58:19on each count of both of their
1:58:21indictments.
1:58:23Thank you.
1:58:27Y'all give me some guidance. I can
1:58:29either do the closing
1:58:30charge now, send you back, you eat
1:58:32crackers
1:58:34or I can release you for lunch. Uh do
1:58:37y'all have any feeling about it?
1:58:43Okay, I'm going to excuse you for lunch.
1:58:45I'm going to tell you several things.
1:58:47Don't discuss this case with each other,
1:58:48anybody else allowed by the discuss it
1:58:50with you. Make sure you look at no
1:58:51media,
1:58:52that you look at no television, uh
1:58:55newspapers, computers, go on social
1:58:57media, and bring it to my attention if
1:58:59you do. Now,
1:59:01I'm going to make sure the sheriff knows
1:59:03this, too. I want a bailiff positioned
1:59:06outside downstairs to take you on into
1:59:08the courthouse, so we don't stand in
1:59:10lines, and we'll get right through it.
1:59:13So, keep your juror badge on.
1:59:15Uh so, that's readily identified to the
1:59:17bailiffs, and he's going to give you
1:59:18some more.
1:59:19Uh make sure you're wearing that when
1:59:21you come back, so we can get you on in
1:59:22right away, and we won't have to wait on
1:59:24anybody, and you won't
1:59:25might hear something.
1:59:27So, is that clear to everybody? And
1:59:28obviously, do no investigation of your
1:59:30own. It is now 1:15. I'll excuse you at
1:59:322:30, and we'll see you back at 2:30.
1:59:35Leave your notes here.

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