YouTube2Text

UNCUT: Russell Tillis testifies in his murder trial — Transcript

by News4JAX The Local Station · 26,393 words · 4,377 segments · language en · Watch on YouTube

Full transcript

  1. 0:00okay uh at this stage of the trial at
  2. 0:03in the light most favorable to the state
  3. 0:05the court will find that the state has
  4. 0:07established a prima facie
  5. 0:09case of guilt for each of the four
  6. 0:11crimes alleged in the indictment
  7. 0:14and will therefore deny the defendant's
  8. 0:16motion for judgment of acquittal at this
  9. 0:18time
  10. 0:20okay as we have uh discussed
  11. 0:24a little bit earlier i believe it's the
  12. 0:27defendant's intention to testify mr
  13. 0:30fletcher
  14. 0:31and it is your intention to
  15. 0:34not call any other witnesses is that
  16. 0:36right
  17. 0:40and i know we've had previous
  18. 0:41discussions about
  19. 0:43whether or not mr tillis agrees with the
  20. 0:46decision
  21. 0:47to call other witnesses at this
  22. 0:50point is it your understanding that he
  23. 0:52agrees or disagrees with that decision
  24. 0:56okay mr tillis you can remain
  25. 1:00seated i don't recall when i lost worry
  26. 1:02in but just out of an abundance of
  27. 1:03caution let me swear yet again do you
  28. 1:04solemnly swear or affirm to tell the
  29. 1:06truth the whole truth and nothing but
  30. 1:07the truth to help you god
  31. 1:09okay now mr tillis a couple issues we
  32. 1:12need to address
  33. 1:14uh first the state has announced rest
  34. 1:18which means that they have produced all
  35. 1:20the evidence that they intend to produce
  36. 1:22in this case
  37. 1:23unless they decide to call some rebuttal
  38. 1:25after after the defense case
  39. 1:28of course the burden of proof in this
  40. 1:30case as well as in any criminal case
  41. 1:32is upon the state of florida the
  42. 1:34prosecutors in this case
  43. 1:35which means you do not have to prove
  44. 1:37anything the burden is entirely on the
  45. 1:39state
  46. 1:40because of that that means that you do
  47. 1:42not have to testify in your case
  48. 1:45you can remain silent if you choose to
  49. 1:47do that
  50. 1:51on at least two occasions that you have
  51. 1:53the absolute right to do that
  52. 1:54and that they cannot hold that decision
  53. 1:56against you in any way
  54. 2:00if you decide to testify of course
  55. 2:03you'll be treated just like any other
  56. 2:05witness you'll be placed under oath
  57. 2:06examined and cross-examined
  58. 2:09if you have any what are called
  59. 2:11impeachable convictions
  60. 2:12felony convictions or crimes of
  61. 2:14dishonesty such as
  62. 2:16petty theft etc the state can impeach
  63. 2:18you with that
  64. 2:19number only the number how many felony
  65. 2:22convictions you have
  66. 2:24how many crimes of dishonesty you have
  67. 2:26if there's an agreed-upon number
  68. 2:28that's it they can't go any further
  69. 2:29necessarily now they're
  70. 2:31we're going to talk in just a second
  71. 2:32about in in your specific situation why
  72. 2:35they may get into some other issues
  73. 2:38but for for purposes of that question
  74. 2:41uh mr mizrahi how many impeachable
  75. 2:43convictions do you have
  76. 3:03negotiation was i would not use that
  77. 3:05condition
  78. 3:06as an aggravating factor
  79. 3:19okay so mr mr fletcher do you agree that
  80. 3:22with that assessment
  81. 3:27okay so mr tillis if you testify the
  82. 3:29state will be allowed to bring out uh
  83. 3:3214 felony convictions and one prior
  84. 3:34crime of dishonesty
  85. 3:35do you understand
  86. 3:42okay sure how many uh
  87. 3:46felony convictions do you believe that
  88. 3:47you have
  89. 3:50okay but you understand for purposes of
  90. 3:53our discussion here
  91. 3:55uh if the state says so mr tillis you've
  92. 3:57got 14 felony convictions
  93. 3:58you say well i don't know how many i got
  94. 4:01they may be entitled to go into
  95. 4:04what those were including the nature of
  96. 4:06the convictions
  97. 4:07and and perhaps details if there's a
  98. 4:10discussion or disagreement about that
  99. 4:12you understand that
  100. 4:29okay well i understand what you're
  101. 4:32telling me
  102. 4:33uh but i have no idea whether you're
  103. 4:34going to be convicted or not what i'm
  104. 4:36most concerned with is making sure that
  105. 4:37you understand
  106. 4:40the rights that you have as a defendant
  107. 4:43in the trial before this jury
  108. 4:45and what the proceedings will be so
  109. 4:47again to be clear
  110. 4:49if you decide to testify the state is
  111. 4:52allowed to
  112. 4:53ask you how many felony convictions you
  113. 4:54have if there is a disagreement
  114. 4:57the law may allow them to get into the
  115. 5:00specific
  116. 5:01nature of some of those convictions and
  117. 5:04i assume some of them are
  118. 5:05from what i've heard so far are violent
  119. 5:07prior felonies
  120. 5:09so you understand that
  121. 5:16okay now as you know
  122. 5:22there are many decisions that attorneys
  123. 5:24can make for you
  124. 5:25strategy decisions and whatnot the
  125. 5:28decision about whether or not she
  126. 5:29testifies not one of them
  127. 5:31that's a decision that only you and you
  128. 5:33alone can make same with any criminal
  129. 5:35defendant
  130. 5:37you have two very skilled experienced
  131. 5:39attorneys they've given you advice in
  132. 5:41this matter i'm sure
  133. 5:42you should consider their advice but
  134. 5:44ultimately you make the decision do you
  135. 5:46understand that
  136. 5:48do you need any more time to consider
  137. 5:50your decision about whether or not you
  138. 5:51wish to testify
  139. 5:59okay well we can get to that in just one
  140. 6:01second but in terms of my question do
  141. 6:02you need any more time to speak with
  142. 6:04them about your decision to
  143. 6:05whether or not you're going to testify
  144. 6:09okay and you need any more time to
  145. 6:11consider whether or not you want to
  146. 6:12testify
  147. 6:15other than i know you want to give me a
  148. 6:16statement okay
  149. 6:19so uh and you've made the decision to
  150. 6:21testify
  151. 6:23okay and that's a decision you're making
  152. 6:25freely and voluntarily
  153. 6:27anybody threatens you or coerce you in
  154. 6:29any way to get that
  155. 6:30get you to make that decision
  156. 6:34let me let me preface that let me
  157. 6:35preface that question um i understand
  158. 6:37that
  159. 6:38part of your defense and what part of
  160. 6:40your testimony may be
  161. 6:42may be the uh your belief of
  162. 6:45feelings of coercion by the court and
  163. 6:47the court system is that right
  164. 7:18okay and i was gonna the next issue i
  165. 7:19was gonna i told you we had a couple
  166. 7:20issues to discuss the next issue is
  167. 7:22gonna be regarding uh witnesses and
  168. 7:24whatnot
  169. 7:25um and i understand you're telling me
  170. 7:26that they're kind of intertwined
  171. 7:30other than that which we'll
  172. 7:33we can talk about in just one second
  173. 7:37has anybody other than your belief that
  174. 7:40your attorney's performance has caused
  175. 7:41you to
  176. 7:43make the decision that you may need to
  177. 7:44testify
  178. 7:46has anybody made any specific threats to
  179. 7:48you like if you don't testify
  180. 7:50i'm going to hurt you anything like that
  181. 7:56okay and you're making this decision to
  182. 7:57testify it's your decision
  183. 7:59okay new subject and that goes into the
  184. 8:03and i haven't forgotten that you want to
  185. 8:04give a statement the issue of
  186. 8:07witnesses we've discussed this i know
  187. 8:09before the trial and then we discussed
  188. 8:10it again
  189. 8:11i think this morning maybe yesterday
  190. 8:13morning
  191. 8:14about witnesses that you want to call
  192. 8:17and your attorneys
  193. 8:18do not believe it's in your best
  194. 8:19interest and they've made the decision
  195. 8:21not to call them
  196. 8:23if there's anything else you want to put
  197. 8:24on the record about that
  198. 8:27i will allow you to do that
  199. 8:30but other than what we've already
  200. 8:32discussed throughout the course of the
  201. 8:34proceedings with the witnesses that you
  202. 8:36wish to call and the motions that you
  203. 8:37filed
  204. 8:38regarding those witnesses are there any
  205. 8:41other witnesses
  206. 8:42or evidence that we haven't discussed
  207. 8:45that you want
  208. 8:46presented in your case and you've told
  209. 8:49your attorneys about it and they've said
  210. 8:50they're not going to do it
  211. 8:52again my question is very specific other
  212. 8:54than what we've already talked about
  213. 9:12okay to my knowledge that's the first
  214. 9:14time i've heard that name so it's
  215. 9:16okay so you haven't brought it up to me
  216. 9:18before
  217. 9:19have you brought it up to your attorneys
  218. 9:26dutch well
  219. 9:32well have you have you told him
  220. 9:34specifically i got this guy
  221. 9:35dutch shepherd dutch stafford that i
  222. 9:37think will help me
  223. 9:40okay mr fletcher does that name sound
  224. 9:42familiar to you
  225. 9:43okay mr mayors how about you
  226. 9:48okay um all right um
  227. 9:50[Music]
  228. 9:55okay now another question that i'm going
  229. 9:56to ask you then i'm going to turn it
  230. 9:57over to you for
  231. 9:58for your statement um
  232. 10:02a question that is normally asked in
  233. 10:04this scenario
  234. 10:05right now is whether you're satisfied
  235. 10:07with the performance
  236. 10:08of your attorneys in this case all i
  237. 10:11need from you right now
  238. 10:12is a yes or no no
  239. 10:15okay all right sir uh go ahead with uh
  240. 10:21whatever you want to tell me
  241. 10:42but my testimony is
  242. 10:54all right make sure you're addressing
  243. 10:56your comments to the court not to the
  244. 10:57prosecutor
  245. 10:59now you're fine
  246. 11:26is
  247. 11:29what trial are you talking about
  248. 11:49[Music]
  249. 12:01okay well um
  250. 12:06you don't get to do that
  251. 12:12well no it's not um but it's a fair
  252. 12:16point to bring up
  253. 12:17uh and since you do since you did let's
  254. 12:19let's talk about it a little bit
  255. 12:21the um normally
  256. 12:25what i advise defendants is what i just
  257. 12:27advised you a few moments ago where i
  258. 12:28said
  259. 12:29if you choose to testify you'll be
  260. 12:31treated like any other witness
  261. 12:33you'll be examined and cross-examined
  262. 12:36encompassed within that is the notion
  263. 12:39that
  264. 12:39once you open yourself up to testifying
  265. 12:42as a witness
  266. 12:44both parties are allowed to question you
  267. 12:46about all your potentially relevant
  268. 12:48knowledge on the case and that applies
  269. 12:49to a criminal defendant just like it
  270. 12:51does
  271. 12:52to the next door neighbor or anybody
  272. 12:54else
  273. 12:55so when you raise your right hand and
  274. 12:58swear to tell an oath
  275. 13:00or swear to tell the truth as an oath in
  276. 13:02front of the jury to testify
  277. 13:04and tell whatever it is you want to talk
  278. 13:06about you give up your
  279. 13:08your fifth amendment right against
  280. 13:09self-incrimination and the state is
  281. 13:11allowed to
  282. 13:12inquire ad infinitum as long as their
  283. 13:15questions are relevant and not
  284. 13:16repetitive
  285. 13:17and i would allow them to do that in
  286. 13:19this case
  287. 13:20so
  288. 13:21[Music]
  289. 13:24other than that i can't really i'm not
  290. 13:27your lawyer
  291. 13:28as you know and i can't advise you
  292. 13:32as to what to do the decision is yours
  293. 13:35and yours alone but if your decision to
  294. 13:37testify was based upon your mistaken
  295. 13:39belief that you can
  296. 13:41limit your testimony to simply those
  297. 13:43areas that you want to testify about
  298. 13:45i want to make sure i disabuse you of
  299. 13:47that notion before you make that
  300. 13:49decision do you understand okay having
  301. 13:52said all of those things does that
  302. 13:54change your mind about whether or not
  303. 13:55you wish to testify
  304. 14:02well you need to be less concerned with
  305. 14:04how the court's going to react and more
  306. 14:05concerned with how the jury's going to
  307. 14:14react
  308. 14:16and when those questions were addressed
  309. 14:18to me i would just ask
  310. 14:20no comment based on the system if that
  311. 14:23would be an acceptable answer for the
  312. 14:24statement
  313. 14:25i will testify
  314. 14:30okay well i don't presume to to speak
  315. 14:33for the state so mr mizrahi what would
  316. 14:35be the state's position in this matter
  317. 14:40to cross-examine the defendant like you
  318. 14:42would any other witness
  319. 14:44and my understanding of the case law is
  320. 14:47is impermissible
  321. 14:48for the defendant to invoke his right to
  322. 14:51remain silent on the witness stand
  323. 14:53under this scenario we're not going to
  324. 14:56prod him with hot
  325. 14:57pokers to make him talk so we're in a
  326. 14:59situation where
  327. 15:01i think that he he can refuse to answer
  328. 15:04questions and i will ask them
  329. 15:06i'll ask the court to direct the
  330. 15:07defendant to answer the questions and
  331. 15:09then the defendant has a decision to
  332. 15:10make about whether or not he's going to
  333. 15:11answer them or not
  334. 15:12and that would be mr tillis that would
  335. 15:15be the procedure that the court would
  336. 15:17utilize and it would it would go on
  337. 15:20for as long as the state continues to
  338. 15:22ask questions that
  339. 15:24would potentially be relevant in other
  340. 15:25words as long as they don't ask you the
  341. 15:26same question over and over again
  342. 15:28they would be allowed to ask you 50
  343. 15:30questions and you would be
  344. 15:32forced to enter your scenario to say
  345. 15:34over and over and over and over again
  346. 15:37that you refuse an answer on the grounds
  347. 15:39that may incriminate you
  348. 15:40if that's your decision as mr mizrahi
  349. 15:44indicated
  350. 15:45no one's going to physically force you
  351. 15:49under threat of violence to to testify
  352. 15:52but if that's your decision
  353. 15:55that's the procedure that would be
  354. 15:56utilized so again if you need some more
  355. 15:58time not a whole lot of time because the
  356. 16:00jury will be coming back soon
  357. 16:02but if you need a little bit more time
  358. 16:04to discuss this with your attorneys or
  359. 16:05to
  360. 16:06decide in your own mind whether or not
  361. 16:08you wish to testify i'll give you that
  362. 16:10option but as we sit here right now
  363. 16:14has this discussion changed your mind
  364. 16:16about whether or not you wish to testify
  365. 16:22sure
  366. 16:26i don't want that either
  367. 16:48well
  368. 16:51sure he could say something along and i
  369. 16:53would probably allow him to do this i
  370. 16:54would say mr
  371. 16:55he could say mr tillis i'm going to ask
  372. 16:57you one more time what was the color of
  373. 16:59the car
  374. 17:00you could say i'm not answering that
  375. 17:01question on the grounds that the answer
  376. 17:03may incriminate me
  377. 17:04at that point i would step in and say mr
  378. 17:06tillis you do not have the right as a
  379. 17:08witness in this case
  380. 17:09to invoke your fifth amendment right to
  381. 17:10remain silent the court is ordering you
  382. 17:13to answer the question
  383. 17:14at that point he'd be allowed to ask you
  384. 17:16one more time
  385. 17:18if you invoke then he would
  386. 17:21i'd be allowing him to move on to the
  387. 17:23next question and we would
  388. 17:24utilize that procedure until
  389. 17:28he has asked all the questions he
  390. 17:29believes are relevant
  391. 17:45of what what limited
  392. 17:48okay well if he again if he asks you
  393. 17:50questions in that area this is the
  394. 17:52this is the procedure that we would
  395. 17:54follow
  396. 17:57right so given all of that your decision
  397. 17:58is still to testify
  398. 18:04okay mr fletcher anything else you need
  399. 18:07to put on the record
  400. 18:12anything else in the state all right
  401. 18:15then we will be in recess for 10 minutes
  402. 18:17and then we that'll be 3 15 a little bit
  403. 18:20later and i told the jury but
  404. 18:21i think everybody deserves about 10
  405. 18:23minutes so uh we'll be in recess until 3
  406. 18:2515
  407. 18:26and we will commence the state's case
  408. 18:28i'm sorry the defense case
  409. 19:17he's wearing he's wearing the bandit not
  410. 19:19the leg brace so
  411. 19:21i don't think the jury would see him
  412. 19:22limping or anything so i'm fine
  413. 19:25if you're fine with him we'll bring the
  414. 19:28jury out he'll be a council table
  415. 19:30you'll call him he'll be called up to
  416. 19:32clerk and then sit in the witness box
  417. 19:34just like everybody else
  418. 19:35or i'm certainly happy to have him
  419. 19:38situated in the witness chair when the
  420. 19:41jury comes out that way they don't see
  421. 19:43him walking
  422. 19:44just in case there's any
  423. 19:50uh wayne which way you want me to go
  424. 19:54he's gonna come around so i think you're
  425. 19:55fine well
  426. 19:57now actually mr fletcher is right i
  427. 19:59don't that's too close to the jury
  428. 20:03yeah so just come around the middle yeah
  429. 20:06we don't care about mizrahi
  430. 20:07just bring them in the uh just bring
  431. 20:09them around in the middle i think that's
  432. 20:10better
  433. 20:13officer thorne you good with that
  434. 20:17um okay so uh
  435. 20:20that's the procedure we'll utilize
  436. 20:24um we'll let him finish getting dressed
  437. 20:45that doesn't apply yeah
  438. 21:11it certainly doesn't apply when the
  439. 21:13witness says he's gonna
  440. 21:31okay so uh mr tillis when mr fletcher
  441. 21:34calls you as a
  442. 21:35witness you'll go this way down the
  443. 21:38middle
  444. 21:39and then stop uh just like you've seen
  445. 21:41the other witnesses do
  446. 21:42right up there and madam clerk will
  447. 21:43swear again then you'll go to the
  448. 21:44witness chair
  449. 21:46okay we're ready for the jury to come
  450. 21:48out
  451. 21:50okay let's bring him out
  452. 22:24okay thank you may be seated
  453. 22:28and welcome back members of the jury we
  454. 22:29are ready to continue with the trial
  455. 22:32uh as you know when uh you last left us
  456. 22:35the state had announced rest we will now
  457. 22:38proceed
  458. 22:39with the defense case mr fletcher
  459. 22:46okay mr tillis if you will come forward
  460. 22:48please sir
  461. 22:53madam clerk
  462. 23:04thank you sir if you'll have a seat
  463. 23:28good afternoon mr tillis good afternoon
  464. 23:31send me up here
  465. 23:32yes sir i'll see you fine divider here
  466. 23:34mr tell tillis can you state your full
  467. 23:35name for the record please
  468. 23:36and my name is russell david tillis and
  469. 23:39mr tell us where are you from
  470. 23:41i'm from jacksonville florida how long
  471. 23:43have you lived here um
  472. 23:44off and on all my life mr tiles let me
  473. 23:47get something out of the way right up
  474. 23:48front have you ever been convicted of a
  475. 23:50felony
  476. 23:50yes sir how many times uh i guess to
  477. 23:53make 14.
  478. 23:54okay and have you ever been convicted of
  479. 23:56a crime of dishonesty a misdemeanor
  480. 23:57crime of dishonesty as well i'm thinking
  481. 23:59one
  482. 23:59would be the number all right let's go
  483. 24:03back to um
  484. 24:042015. did you uh get arrested sometime
  485. 24:07in 2015.
  486. 24:08yes sir i endured a very uh physical
  487. 24:10arrest in
  488. 24:112015. okay we're not trying that case
  489. 24:14today but in brief
  490. 24:15short order just tell me what happened
  491. 24:18well the cops
  492. 24:19appeared across the street from my house
  493. 24:21about one o'clock in the morning
  494. 24:23dressed in all black not marked as
  495. 24:25police officers
  496. 24:27they threw one pound rocks over the
  497. 24:29fence on top of a metal roof of my home
  498. 24:33when i come out to investigate the
  499. 24:35disturbance
  500. 24:36they were hiding in the bushes they made
  501. 24:39a rush attempt to grab me
  502. 24:41and i ran i didn't know it was they ran
  503. 24:44me down and beat me up
  504. 24:46and i believe that's the photograph the
  505. 24:47state showed the uh
  506. 24:49jury leaves all in my hair done on my
  507. 24:51shoulder i got beat up pretty good
  508. 24:53okay i found a knife in my pocket and
  509. 24:56another knife that was on me
  510. 24:57they charged me with uh holding them at
  511. 25:00knife point in front of my house
  512. 25:02they charged me with battery on a leo
  513. 25:05and then subsequently
  514. 25:06a home security video appeared of my
  515. 25:09arrest
  516. 25:10and it proved that the arresting officer
  517. 25:12had fabricated the
  518. 25:14complete report there was no knife
  519. 25:16standoff on the street
  520. 25:17and all of it was alive the state
  521. 25:19proceeded anyway
  522. 25:20put him on the stand and tried to
  523. 25:22prosecute me right on with it
  524. 25:24as though the cop was telling the truth
  525. 25:26it was a horrendous deal
  526. 25:28all right tell us let me back you up a
  527. 25:29little bit back up a little bit
  528. 25:32how long were you in jail and tell tell
  529. 25:34us about what jail was like for you
  530. 25:36while you were why your case was pending
  531. 25:38well it wasn't just what the jail was
  532. 25:40like
  533. 25:41what you have to take into consideration
  534. 25:42is
  535. 25:44how i got there and what it cost me to
  536. 25:46get there
  537. 25:47and what was occurring so i get beat up
  538. 25:50i get arrested
  539. 25:51i see a police report that's a complete
  540. 25:53lie nobody believes me
  541. 25:55i'm facing multiple felonies i'm facing
  542. 25:5730 years and i'm incarcerated
  543. 25:59the jail was violent it was so violent
  544. 26:02that they recently in the last years had
  545. 26:04to install cameras and they have a safe
  546. 26:06program now
  547. 26:07to take out the violence it was nothing
  548. 26:10to get
  549. 26:10beaten simply because you were either
  550. 26:13old
  551. 26:13or maybe you were gay or
  552. 26:17some other discriminatory issue
  553. 26:20you would get sometimes beat pretty good
  554. 26:23it was violent okay
  555. 26:26and you believed you were looking at 30
  556. 26:28years oh i was definitely looking at 30
  557. 26:30years they served me with a
  558. 26:31habitualization notice
  559. 26:33on my first court appearance seeking to
  560. 26:37the state was seeking habitual
  561. 26:39habitualization
  562. 26:41and uh i if i'm not mistaken during the
  563. 26:44initial arraignment
  564. 26:45the state advised the court that a trial
  565. 26:48date would be set and there would be no
  566. 26:50negotiations
  567. 26:51so they pretty much told me the first
  568. 26:53day in court
  569. 26:54we're going to take these cops and we're
  570. 26:55going to give you 30 years cops that had
  571. 26:57written a
  572. 26:58police report that was a complete lie
  573. 27:01it was a pretty uh traumatizing
  574. 27:04situation
  575. 27:06okay so tell us what you did in response
  576. 27:09to that
  577. 27:10well i first thought the public
  578. 27:12defender's office and i tried to explain
  579. 27:14to him what happened
  580. 27:15they had me baker acted into the sixth
  581. 27:17floor on the uh jail
  582. 27:18said i was delusional
  583. 27:22so i get out of that and uh
  584. 27:26but that didn't stop the lawyer then
  585. 27:28they sent a doctor at me
  586. 27:30dr knightie to perform an evaluation the
  587. 27:34the lawyers alleged that i was
  588. 27:35delusional
  589. 27:37cops don't throw rocks at the middle in
  590. 27:39the at your house in the middle of the
  591. 27:40night
  592. 27:41and they don't fabricate reports the guy
  593. 27:42must be delusional
  594. 27:44but dr knight he took a different stance
  595. 27:46on the matter and he said although my
  596. 27:48story was uh unusual i don't think
  597. 27:51that's a word he used but i believe
  598. 27:52that's what he meant
  599. 27:54although it was unusual it was plausible
  600. 27:57and that the attorneys
  601. 27:59should solicit the evidence that i was
  602. 28:01suggesting
  603. 28:02and confront me with either the lack of
  604. 28:04evidence
  605. 28:05or the evidence and then that would
  606. 28:07prove my delusionalness
  607. 28:10well when dr knighty performed the
  608. 28:12evaluation
  609. 28:13i made a strict stipulation at the
  610. 28:15beginning of the interview
  611. 28:17i would only perform the valuation if he
  612. 28:19would send me a copy of the report
  613. 28:21myself
  614. 28:22because i knew that if i didn't get a
  615. 28:24copy of that report from him
  616. 28:26the lawyers would never give it to me so
  617. 28:29he did
  618. 28:30he sent me a copy so when my attorney
  619. 28:33returned to visit me at that time i
  620. 28:36believed
  621. 28:36michael j uh kevin jenkins was the
  622. 28:40public defender representing me
  623. 28:42when he came to see me i laid the report
  624. 28:46on the table
  625. 28:46his first words were where did you get
  626. 28:48that
  627. 28:50when i explained how i got it and i
  628. 28:52brought his attention to the doctor's
  629. 28:53recommendations
  630. 28:54perhaps you should go solicit the
  631. 28:56evidence that he is alleging
  632. 28:59mr jenkins then told me that the
  633. 29:01doctor's report was irrelevant
  634. 29:03and i received no assistance from the
  635. 29:05public defender's office at all
  636. 29:07okay did you get frustrated with your
  637. 29:08lawyers frustrated it's a mild word i
  638. 29:11could use a lot stronger ones than that
  639. 29:14and what was it that you think that was
  640. 29:16out there that they could get a hold of
  641. 29:17that would sort of exonerate you
  642. 29:19well one as i stated just a second ago
  643. 29:22the video of my arrest
  644. 29:24there were some homeowners that lived
  645. 29:26across the street one of them was lane
  646. 29:28campbell that testified here
  647. 29:30but lane campbell she
  648. 29:33she had such a uh such a
  649. 29:36opinion of me that you i couldn't get
  650. 29:40the video from her
  651. 29:41so i alleged i told the lawyer hey look
  652. 29:44if you go to that woman
  653. 29:45she's got a home security system and
  654. 29:47she's got that video
  655. 29:49and i know she saved it because she
  656. 29:51hates me that much
  657. 29:53she would save that video and she would
  658. 29:56watch it every saturday night for
  659. 29:58entertainment
  660. 29:59saying hey that's that's his arrest but
  661. 30:02of course they didn't believe me
  662. 30:04then the other ones the other uh was the
  663. 30:07one pound rock
  664. 30:09i had one of those rocks and it had
  665. 30:11ceramic tile on it
  666. 30:14the cops when they beat me up and got me
  667. 30:16off the ground
  668. 30:17they weren't wearing gloves so my
  669. 30:20contention was one of those cops was
  670. 30:23handling that rock
  671. 30:25and his fingerprints i've done
  672. 30:27construction all my life i owned a
  673. 30:29small home improvement business
  674. 30:32that ceramic tile would carry a latent
  675. 30:34print i was certain of it but they
  676. 30:36wouldn't they wouldn't do any
  677. 30:37investigative work
  678. 30:38and that's why you got frustrated oh i
  679. 30:40got frustrated boy did i write letters
  680. 30:41to the court
  681. 30:42yeah well i wrote letters and i did this
  682. 30:44and i did that but to no avail
  683. 30:46no avail and then what i decided to do
  684. 30:48was i'd wave council and represent
  685. 30:50myself
  686. 30:52so i i engaged in a little trickery
  687. 30:55to trick the cops into admitting what
  688. 30:58they had did
  689. 30:59so i took uh i come into the
  690. 31:02uh the fortunate
  691. 31:06position to meet a private investigator
  692. 31:08who
  693. 31:09after reviewing the case said that she
  694. 31:12would help me
  695. 31:14so that was a bright light so i took
  696. 31:17employee complaint forms and i filled
  697. 31:20them out
  698. 31:21complaining that the cop had thrown
  699. 31:23deadly missiles at an occupied dwelling
  700. 31:25in the middle of the night
  701. 31:26which is a second-degree felony and i
  702. 31:29made all kinds of allegations
  703. 31:31how i was going how that rock and i had
  704. 31:34a picture of it
  705. 31:35that the private investigator had
  706. 31:36provided me with
  707. 31:38and then i was going to i was that rock
  708. 31:41was at a latent print analysis
  709. 31:44uh laboratory and as soon as i got them
  710. 31:47fingerprints back
  711. 31:48i was going to put that rock in one of
  712. 31:50those cops hands
  713. 31:51what i was relying upon is the cops
  714. 31:54conscious
  715. 31:55he knew he threw the rock even though he
  716. 31:57was denying it and he didn't write it in
  717. 31:58the report
  718. 31:59he knew and i knew so i wrote the
  719. 32:02complaints
  720. 32:03at first they told me oh you don't know
  721. 32:05what you're talking about
  722. 32:07but when i showed them the pictures and
  723. 32:08i give them the little fake story
  724. 32:10ah well we admit to throwing rocks so
  725. 32:14they admitted to throwing the rocks
  726. 32:16they wouldn't they wouldn't admit to the
  727. 32:17fabrication of the police report
  728. 32:21and i eventually got that too
  729. 32:24so as you as all this is occurring how
  730. 32:26long have you been in jail at this point
  731. 32:27i've been in jail about six years
  732. 32:30um i don't mean up to today
  733. 32:33i mean oh when that occurred yes oh well
  734. 32:37i would say that was probably in the
  735. 32:39first
  736. 32:40well like i say i went to the
  737. 32:42arraignment they served the
  738. 32:43habitualization notice
  739. 32:44the lawyer said he wouldn't help me they
  740. 32:46tried to try to put me in the
  741. 32:48middle ward they sent the doctor i'd say
  742. 32:50that was a span of about three months of
  743. 32:52all that occurring
  744. 32:54and then when i realized that people are
  745. 32:56not going to help me and i have
  746. 32:58they essentially told me look we're not
  747. 33:01going to do nothing for you
  748. 33:02so i would say probably three months and
  749. 33:05i'm guessing
  750. 33:06so don't hold me to a particular date
  751. 33:07but i'd say three months and that's when
  752. 33:09i decided to
  753. 33:10i you file a motion to waive counsel and
  754. 33:13what that does is
  755. 33:14it relinquishes your appointed counsel
  756. 33:16from representing you
  757. 33:18and then you have the ability to
  758. 33:19represent yourself
  759. 33:21in this courtroom and then i would be
  760. 33:23recognized
  761. 33:24as the lawyer then i would have
  762. 33:26privileges of
  763. 33:28hiring investigators and doing an
  764. 33:30investigative work
  765. 33:31that i needed in order to obtain the
  766. 33:35uh video of the arrest things like that
  767. 33:38so i guess about three months in i waive
  768. 33:41counsel
  769. 33:42i meet this private investigator who
  770. 33:44turns out to be a blessing
  771. 33:45and then i move forward okay so fast
  772. 33:48forward a little bit because i wasn't
  773. 33:49supposed to go
  774. 33:50all into this but tell me what happens
  775. 33:52at the jail and is there a point
  776. 33:54in time where you get really depressed
  777. 33:56well
  778. 33:57the depression was almost from the
  779. 33:59immediate arrest
  780. 34:00but the depression less escalated
  781. 34:04i mean it's a pretty it's a
  782. 34:07it's a uh it's a situation of
  783. 34:11of something that would create a mental
  784. 34:13despair that
  785. 34:14really can't be described but i mean i
  786. 34:17lost the home the freedom
  787. 34:19i get arrested i get a fabricated report
  788. 34:21i'm facing 30 years
  789. 34:22and all of that happened within about a
  790. 34:23month then i get into a violent jail
  791. 34:26so yeah the the depression was present
  792. 34:30from the
  793. 34:31arrest but escalated very quickly
  794. 34:35in the first three four months okay did
  795. 34:38you continue to believe that you were
  796. 34:39going to get
  797. 34:40another 30 years well i i seen
  798. 34:43i seen no light although when you're
  799. 34:45when you're engaged in a pro se status
  800. 34:48and you're representing yourself in this
  801. 34:50courtroom
  802. 34:52you receive an immense amount of
  803. 34:54prejudice from the court
  804. 34:55you're not treated like a lawyer you
  805. 34:58don't have the same
  806. 34:59although the law states you do in
  807. 35:02reality
  808. 35:03you do not have the same rights as the
  809. 35:05lawyer you're restricted
  810. 35:07the court's prejudiced you can't pick up
  811. 35:10the phone and call an expert
  812. 35:12so yeah it was it was pretty
  813. 35:16depressing i even though i was
  814. 35:17representing myself i was getting
  815. 35:19nowhere
  816. 35:20in and it was easy for me to see
  817. 35:23that when you have a group of police
  818. 35:26officers
  819. 35:27saying he did this and they're all
  820. 35:29wearing badges
  821. 35:31and i am the defendant accused of the
  822. 35:34crime
  823. 35:35the credibility goes to the police
  824. 35:36officer it's a no-win argument
  825. 35:39unless you have some real factual
  826. 35:41evidence to prove your point
  827. 35:43being a video or something that the cops
  828. 35:45can't dispute
  829. 35:47only then will they admit what they've
  830. 35:50done
  831. 35:50for instance throwing the rock they
  832. 35:52would have never admitted throwing the
  833. 35:54rock
  834. 35:54if i had not had a picture of one of the
  835. 35:57rocks and it was an unusual rock
  836. 35:59and the reason i kept that rock was
  837. 36:02because it was
  838. 36:03a piece of grout with ceramic tile
  839. 36:06it had been removed from a remodeling
  840. 36:09a home remodeling job that rock was not
  841. 36:13a rock you find laying in a yard or
  842. 36:15laying on the side of the street
  843. 36:16you find that in some sort of
  844. 36:18construction site they had to have
  845. 36:20brought those rocks with them
  846. 36:22my contention was he probably recognized
  847. 36:25the rock when he seen the picture
  848. 36:27that was the rock was that unusual okay
  849. 36:30let me fast forward a little bit okay
  850. 36:31go forward about four five six months is
  851. 36:34there a point where you get really
  852. 36:34depressed and you try to do something
  853. 36:38well i came to uh i came to court on
  854. 36:42january the 22nd
  855. 36:442016. and i was in front of judge brillo
  856. 36:47right here and uh i was trying to
  857. 36:51uh well let me let me let me back up on
  858. 36:53that court dave because i don't think it
  859. 36:55was january
  860. 36:55the 20th it may have been the 22nd
  861. 36:59but i was in front of this particular
  862. 37:01judge right here
  863. 37:02and i was complaining to the judge that
  864. 37:06the lawyer wouldn't go get the video and
  865. 37:09i was trying to explain look
  866. 37:11i've lived i've lived across the street
  867. 37:13from these people for 45 years
  868. 37:15i know them i know what they do i know
  869. 37:18how they are
  870. 37:19i know these people i know they got that
  871. 37:22video
  872. 37:23i don't care about the time lapse they
  873. 37:25saved it for a souvenir
  874. 37:27the judge tells me you're probably just
  875. 37:30mad at the public defender's office
  876. 37:32for not getting something that doesn't
  877. 37:33exist and he
  878. 37:35completely ignored me and he did not
  879. 37:38instruct that lawyer
  880. 37:39to to go to go look
  881. 37:42he didn't he didn't there were certain
  882. 37:45laws
  883. 37:46like case law for instance you hear
  884. 37:49sometimes you hear the lawyers quote in
  885. 37:50here
  886. 37:51there is case law that law comes from
  887. 37:55that is supposed to guarantee each of us
  888. 37:58effective representation in a criminal
  889. 38:01proceeding
  890. 38:02you're gifted that right by the florida
  891. 38:05and the united states
  892. 38:06constitution it's a law if you get
  893. 38:09arrested and you're indigent
  894. 38:11you get a good lawyer that's the law and
  895. 38:14it is this man's responsibility to
  896. 38:16ensure that your constitutional right
  897. 38:19remains in place
  898. 38:21but when a lawyer says well i'm not
  899. 38:23going to help you
  900. 38:24and then the judge says well you're
  901. 38:26probably just mad at him because he's
  902. 38:27not getting something that doesn't exist
  903. 38:30you you suffer a severe prejudice right
  904. 38:32there
  905. 38:33you're in a no-win situation buddy all
  906. 38:36right so you're convinced you're gonna
  907. 38:37get 30 years at some point right
  908. 38:39yeah well i was i was looking down the
  909. 38:41barrel with a gun there's no doubt about
  910. 38:42that
  911. 38:43okay and did you attempt suicide while
  912. 38:45you were in jail
  913. 38:46well a suicide attempt came later be
  914. 38:49honest with you
  915. 38:50that was that was on uh i can't remember
  916. 38:52the date but i do remember the time
  917. 38:55frame
  918. 38:55which was if i'm not mistaken
  919. 38:58it was it was within two months
  920. 39:02after the february 10th recording
  921. 39:06because the the february 10th recording
  922. 39:10was uh that was a pretty trauma kind of
  923. 39:14event
  924. 39:15that led to the as soon as that was over
  925. 39:19i was in the hospital for three days i
  926. 39:21should have never left
  927. 39:22okay should end up in the morgue okay
  928. 39:25how did you get how did you get to the
  929. 39:26hospital
  930. 39:26what did you do in the jail to get
  931. 39:28yourself taken out of the jail well in
  932. 39:30in the jail the uh
  933. 39:33there is a uh it seems like everybody
  934. 39:36takes medication
  935. 39:38now during the time that i've been in
  936. 39:39that jail i have strictly
  937. 39:41refused any antidepressants or any drugs
  938. 39:45from because all you have to do is ask
  939. 39:47the medical department of the jail
  940. 39:49and they'll give you they'll give you
  941. 39:51drugs to calm you
  942. 39:53you know but what they do is they put
  943. 39:55you in a stupor and then you
  944. 39:57you don't know what's going on and i'm
  945. 39:58scared to death of that so i have
  946. 40:00refused although i suffer from
  947. 40:03some i'm sure although i don't know the
  948. 40:05technical names of it but i'm sure i
  949. 40:07suffer from
  950. 40:08uh depression that could be clinically
  951. 40:12recognized but i wouldn't take any
  952. 40:14medication but anyway this medical cart
  953. 40:16comes around
  954. 40:16every day twice a day to the particular
  955. 40:20area where i am being housed
  956. 40:22and they pass out pills to nearly
  957. 40:23everybody well a lot of guys don't take
  958. 40:26the pills
  959. 40:27they just take the pill from the nurse
  960. 40:29save them and then they trade them for
  961. 40:30extra food
  962. 40:32inside that jail you can buy anything
  963. 40:34there are heroin overdoses
  964. 40:35drug overdoses marijuana every drug you
  965. 40:39can imagine
  966. 40:39is in that jail and very rampant so
  967. 40:43at this particular point which was
  968. 40:46probably
  969. 40:46within two months right after the
  970. 40:48february 10th recording
  971. 40:50the depression was so severe that uh
  972. 40:54i uh i solicited a guy that lived in
  973. 40:57another cell
  974. 40:58a couple down from me and i don't
  975. 40:59remember his name and i traded him
  976. 41:01trays of food for eliville so i would
  977. 41:05trade a tray of food for
  978. 41:07i think it was 100 milligrams of elevil
  979. 41:10so i traded about i don't know
  980. 41:1210 trays of food got me about a thousand
  981. 41:14milligrams and i ate them
  982. 41:16all thousand milligrams i figured that
  983. 41:17was enough to kill me
  984. 41:19i woke up in the hospital you woke up in
  985. 41:21the hospital stayed there for three days
  986. 41:23and they let me go all right and and why
  987. 41:25did you try to commit suicide
  988. 41:27well well i had already initially
  989. 41:34i had already had the
  990. 41:38suicidal ideation of suicide by state
  991. 41:41so i was already suicidal
  992. 41:44but when the second when i went through
  993. 41:47the february
  994. 41:485th recording that was bad enough but
  995. 41:51i thought it was over that that the
  996. 41:55that would be the end of it when the
  997. 41:57february 5th
  998. 41:59i mean the february 10th recording
  999. 42:00showed up i was shocked
  1000. 42:02all right let me do this let me do this
  1001. 42:04let me back you up a little bit
  1002. 42:06to the a couple days before february 5th
  1003. 42:09did you approach sammy evans in the jail
  1004. 42:13yes okay and what was the basic
  1005. 42:16discussion about that you had with him
  1006. 42:17well first i would like to to radiate
  1007. 42:20the genus
  1008. 42:21of that discussion and that came from a
  1009. 42:24january 22nd
  1010. 42:26court proceedings in front of judge
  1011. 42:28brillo
  1012. 42:29judge bruhler was tremendously abusive
  1013. 42:32he had lied to me on several occasions i
  1014. 42:34had transcripts where he was making
  1015. 42:36multiple
  1016. 42:37rulings that were inconsistent with his
  1017. 42:39previous rulings
  1018. 42:41and the the judge is very abusive
  1019. 42:45although he may not appear to be right
  1020. 42:47now trust me
  1021. 42:48there is a 224 page really hate this
  1022. 42:51corpus filed that describes
  1023. 42:53his abusiveness over the five years i've
  1024. 42:55been in front of him all right mr tillis
  1025. 42:57let's let's focus on the facts that okay
  1026. 42:59so anyway i go to court on january the
  1027. 43:0222nd
  1028. 43:03and i experience this abusiveness while
  1029. 43:05i'm in the court
  1030. 43:07and judge brillo essentially tells me
  1031. 43:09the jury's coming in in about a week
  1032. 43:11and you're going to end up dying in
  1033. 43:12prison what do you want to do
  1034. 43:15what the hell do you do so
  1035. 43:18i was pretty now you got to add that to
  1036. 43:21the previous
  1037. 43:22situation of of the beat up the losing
  1038. 43:25the house to being in the jail the
  1039. 43:26violent the depression
  1040. 43:28so it's accumulation of facts it wasn't
  1041. 43:30just the judge
  1042. 43:31don't get me wrong now but it was an
  1043. 43:33accumulation
  1044. 43:34it was that behavior added to it so
  1045. 43:37january the 22nd i get back to the jail
  1046. 43:39and i'm in a pretty bad state of mental
  1047. 43:41despair
  1048. 43:43so i knew sammy evans from being in
  1049. 43:45there
  1050. 43:46so i approached him and i asked him i
  1051. 43:49said
  1052. 43:50how would you like some assistance on
  1053. 43:51your legal case now he and i had already
  1054. 43:54talked he was in an armed robbery sister
  1055. 43:56was his co-defendant
  1056. 43:58she set her boyfriend up they robbed her
  1057. 44:01boyfriend
  1058. 44:03assistant she uh she set her boyfriend
  1059. 44:07up
  1060. 44:08just tell us this objection oh okay i
  1061. 44:10apologize
  1062. 44:11i apologize your honor uh so anyway i
  1063. 44:15knew a little bit about sammy's case can
  1064. 44:16i say that much
  1065. 44:18and just leave it there yes okay okay so
  1066. 44:20i knew a little bit about his case
  1067. 44:22so i uh i asked him i said uh
  1068. 44:26i i knew that he was facing a life
  1069. 44:28sentence okay
  1070. 44:29and that he didn't have much of a
  1071. 44:31defense at all
  1072. 44:33and he was gonna die in prison he hadn't
  1073. 44:36been out of prison very long so i
  1074. 44:37approach him
  1075. 44:38and i say hey how would you like a
  1076. 44:40little assistance on your case
  1077. 44:43well he immediately was interested in
  1078. 44:45the conversation
  1079. 44:46okay and so did you two hatch a plan so
  1080. 44:48to speak well
  1081. 44:50i told him my
  1082. 44:54position and i talked to him about him
  1083. 44:57assisting me and at the same time
  1084. 45:00receiving some assistance on his case
  1085. 45:02and he was in agreement to the deal okay
  1086. 45:05so what was the plan
  1087. 45:06well and this is before he's he's wired
  1088. 45:09up right oh yes this was uh
  1089. 45:12well it was it was about three days
  1090. 45:14after january the 22nd
  1091. 45:1726 so i'll say about january the 26th
  1092. 45:20the first recording occurred on february
  1093. 45:22the 5th
  1094. 45:23so there's only about a two-week period
  1095. 45:24right there okay
  1096. 45:26so i come back from court on the 22nd of
  1097. 45:29january
  1098. 45:30i approach evans that day he is
  1099. 45:33immediately interested
  1100. 45:35and i tell him that i have knowledge of
  1101. 45:38where a body is buried
  1102. 45:40in that i want to confess to the police
  1103. 45:45about this body and i want the death
  1104. 45:49penalty
  1105. 45:49because i'm fixing to get this 30 years
  1106. 45:52and i don't want to die of slow death in
  1107. 45:53prison
  1108. 45:54i was 55 at the time i've lived a pretty
  1109. 45:56good life i figured
  1110. 45:59i'll get the death penalty and i'll and
  1111. 46:00i won't die that slow death in prison
  1112. 46:04well evans was o he was he was uh
  1113. 46:06cooperative with with that
  1114. 46:09but at first he was a little hesitant
  1115. 46:11he's like
  1116. 46:13when first you have to understand it's
  1117. 46:15not normally something
  1118. 46:16someone would walk up to you and say you
  1119. 46:18know hey i know where a body's buried
  1120. 46:20and i want you to go get the wire and
  1121. 46:23i want to confess to you and the first
  1122. 46:26question was
  1123. 46:27why don't you just tell the police
  1124. 46:30what do you need me for i mean that's
  1125. 46:33the logical inference of a conversation
  1126. 46:35like that
  1127. 46:36okay so what happened well i told him i
  1128. 46:39told him
  1129. 46:40pretty much the details of it he helped
  1130. 46:42me cook up a good story
  1131. 46:44but the problem with murder as you have
  1132. 46:46been advised by the judge
  1133. 46:48when you came into this this courtroom
  1134. 46:51that murder itself does not
  1135. 46:55always constitute a death penalty you
  1136. 46:58have to have aggravating factors
  1137. 47:01and i i have knowledge of the law i mean
  1138. 47:05i'm
  1139. 47:05i'm you know i'm not that smart but i do
  1140. 47:08have some workable knowledge of the law
  1141. 47:10i know about aggravators i know about
  1142. 47:12the law i know how to read the law
  1143. 47:14i know what i know what kind of murder
  1144. 47:18it takes to get the death penalty and i
  1145. 47:21know what kind of murder
  1146. 47:23would be rejected if if
  1147. 47:26if you wanted to say you committed the
  1148. 47:28murder and you wanted the death penalty
  1149. 47:30and you said well i committed a murder
  1150. 47:32well that doesn't necessarily mean
  1151. 47:34you're going to get the death penalty
  1152. 47:35you must have some serious heinous
  1153. 47:39aggravating factors and i'm
  1154. 47:41knowledgeable of that sort of thing
  1155. 47:44so evans and i we cook up a story at
  1156. 47:47first i tell him
  1157. 47:48why i can't go to the police and give
  1158. 47:51the confession
  1159. 47:53okay so once i convince him that okay
  1160. 47:57i'm telling you the truth you know and
  1161. 47:58and this is this is how i know where the
  1162. 48:00body's buried
  1163. 48:01and this is what's going on and this is
  1164. 48:04the reason
  1165. 48:05i can't go to the police and once he
  1166. 48:07understood all that then he was kind of
  1167. 48:08looking at me a little different
  1168. 48:10okay let me hear your story so i tell
  1169. 48:12him my story
  1170. 48:14he and i over a course of maybe three or
  1171. 48:16four days
  1172. 48:17we start fabricating this
  1173. 48:20this murder that we were both convinced
  1174. 48:23would provoke the police the state
  1175. 48:26attorney
  1176. 48:26into seeking the death so that i didn't
  1177. 48:30end up confessing to a murder
  1178. 48:32where the state didn't seek the death
  1179. 48:33penalty and then i'm right back to
  1180. 48:35doing the 30 years in prison i got
  1181. 48:37nothing
  1182. 48:38okay so did you discuss with mr evans
  1183. 48:42these things and then at some point he
  1184. 48:45got taken
  1185. 48:46over to the police memorial building and
  1186. 48:47then return well before he got took into
  1187. 48:49the porsche memorial building
  1188. 48:50the the problem the problem with the
  1189. 48:53cooked up confession was
  1190. 48:56it had some serious holes in it and
  1191. 48:59those serious holes
  1192. 49:00for the very reason i couldn't go to the
  1193. 49:03police
  1194. 49:04if i sat down if i just picked up the
  1195. 49:06phone and hot the tips hotline and said
  1196. 49:08hey
  1197. 49:09you know i committed a murder and i want
  1198. 49:10to confess they would take me over to
  1199. 49:12the police memorial building
  1200. 49:13they would subject me to hours of
  1201. 49:16interrogation
  1202. 49:17in front of homicide detectives that
  1203. 49:19take special courses in interrogation
  1204. 49:23and in the course of being interrogated
  1205. 49:25eventually
  1206. 49:26that homicide detective would detect
  1207. 49:28there's something wrong with my story
  1208. 49:32and that was the fear that's why i
  1209. 49:34couldn't go to the police
  1210. 49:36i i didn't mind confessing to a recorder
  1211. 49:39because the recorder wouldn't ask me any
  1212. 49:42questions
  1213. 49:43and i have enough knowledge of the
  1214. 49:45police in duval county to know
  1215. 49:47that once they find a body they rush to
  1216. 49:50justice
  1217. 49:51they don't care about any other facts
  1218. 49:53like finding dave
  1219. 49:54finding jimmy the other multiple murders
  1220. 49:57they don't care anything about that
  1221. 49:59they got the body they got the
  1222. 50:01confession and they rushed to justice
  1223. 50:04i relied upon that so sammy and i
  1224. 50:07we cook up this horrenius story but then
  1225. 50:10i start getting a little cold feet
  1226. 50:12because you got to understand i've got a
  1227. 50:14pretty bad mental despair at the time
  1228. 50:16i'm depressed bad
  1229. 50:18but i start getting cold feet because i
  1230. 50:21think i'm going to get caught
  1231. 50:23let me back up a little bit at some
  1232. 50:24point he gets a map from you
  1233. 50:26right yeah that was why we were cooking
  1234. 50:28up the
  1235. 50:30the uh while we were doing because
  1236. 50:33at first he was a little skeptical i
  1237. 50:35mean how many people just walk up to and
  1238. 50:37say hey i know what body's buried and
  1239. 50:38i'm going to give it to you
  1240. 50:39and you can trade it for assistance on
  1241. 50:40your case okay so you came up with this
  1242. 50:42map
  1243. 50:43yeah i gave you the map and you actually
  1244. 50:45knew
  1245. 50:46just how far from like the fence line to
  1246. 50:49where the body was and you gave that to
  1247. 50:50him yeah i knew exactly where the body
  1248. 50:52was buried and i knew the condition of
  1249. 50:53the body
  1250. 50:54yes i did and you knew it was going to
  1251. 50:55be given to the police and i knew it was
  1252. 50:57going to be given to the police
  1253. 50:58i drew the map i told him to study it
  1254. 51:00and then i told him to throw the
  1255. 51:01original in the toilet
  1256. 51:02and make his own hand hand copied and
  1257. 51:04then for him to allege that i just told
  1258. 51:06him
  1259. 51:07but as you indicated earlier in your
  1260. 51:09examination of witnesses
  1261. 51:12in a casual conversation do i tell you
  1262. 51:14how many paces it is from my front door
  1263. 51:16to my car
  1264. 51:17my car's sitting out front 36 paces from
  1265. 51:19the door
  1266. 51:22yeah so so had had he not told you he
  1267. 51:25was going to be wired up and
  1268. 51:27and telling the police these things and
  1269. 51:28he just walked up and said well how many
  1270. 51:29feet from the fence
  1271. 51:30to the to the body and in what direction
  1272. 51:33that would tip you off that he's a
  1273. 51:34snitch right
  1274. 51:36well yeah it would be inside that jail
  1275. 51:39they call it jumping on cases and
  1276. 51:43it is very very common although
  1277. 51:45detective sullivan was never in question
  1278. 51:47about
  1279. 51:47how many times he uses
  1280. 51:50jailhouse informants i personally have
  1281. 51:53witnessed
  1282. 51:54inmates fighting because i wanted to
  1283. 51:57jump on this person's case
  1284. 52:00and another man wanted to jump on the
  1285. 52:01case but i wanted assistance on my case
  1286. 52:04so bad
  1287. 52:05i would fight this guy and the winner
  1288. 52:07would get to jump on
  1289. 52:09on her case i mean that's how rampant it
  1290. 52:12is in there
  1291. 52:12so anytime a man walks up to you and
  1292. 52:14starts saying
  1293. 52:15where's the body buried how many paces
  1294. 52:17from one place to another
  1295. 52:19and and how far is it from the fence
  1296. 52:22those would be
  1297. 52:22indicating questions of you get away
  1298. 52:24from that guy quick
  1299. 52:27and as i just on your case well yeah and
  1300. 52:29as i just stated
  1301. 52:31and i'm sure that the intellectual
  1302. 52:33ability of the jurors you can tell
  1303. 52:35my knowledge of the law is you know like
  1304. 52:38i said i'm not smartest guy in the world
  1305. 52:40but when it comes to the law i'm not
  1306. 52:42that stupid
  1307. 52:44so if you walked up if i'm in jail for
  1308. 52:47anything a parking ticket or whatever
  1309. 52:49and you and you and you walked up to me
  1310. 52:50and says hey you ever do drugs in your
  1311. 52:53house you got some drugs in your house
  1312. 52:54what kind of drugs do you like
  1313. 52:55that would that would be a red flag is
  1314. 52:57to i would immediately stop
  1315. 52:58communicating with you
  1316. 53:00and move away from you as to the best of
  1317. 53:01my ability although i am in
  1318. 53:03custody and my moving away is limited
  1319. 53:06i would certainly try to segregate
  1320. 53:08myself from you
  1321. 53:09and not talk to you yes
  1322. 53:12okay so what happens on the day of
  1323. 53:15february 5th
  1324. 53:162016.
  1325. 53:19well i uh well
  1326. 53:23an important an important factor leading
  1327. 53:25up to that
  1328. 53:26is that when i got the cold feet
  1329. 53:30in order for me to tell you what
  1330. 53:31happened on the fifth i have to describe
  1331. 53:34to you
  1332. 53:35while fabricating this story with with
  1333. 53:38sammy evans
  1334. 53:39and i got cold feet and i couldn't
  1335. 53:42believe
  1336. 53:42that the cops would put a wire on him
  1337. 53:46and send him into the jail unmonitored
  1338. 53:48unsupervised
  1339. 53:50by himself my thought was
  1340. 53:53they're going to send somebody to watch
  1341. 53:55you and monitor you
  1342. 53:56maybe even escort you and i became
  1343. 54:00i became fearful that sammy and i would
  1344. 54:03be caught
  1345. 54:05giving this bogus confession to the
  1346. 54:06recorder i tried to back
  1347. 54:08out that was around
  1348. 54:12january 31st february the 1st i tried to
  1349. 54:15back out of the deal
  1350. 54:16okay so what happened but by then sammy
  1351. 54:18evans had become obsessed
  1352. 54:20all he could see was assistance by now
  1353. 54:23he realized
  1354. 54:24this guy's telling the truth man he
  1355. 54:25knows where her body's at in a body
  1356. 54:28detectives will often tell you in that
  1357. 54:30jail if you got a body to give us we can
  1358. 54:32help you
  1359. 54:32although detective would never get on
  1360. 54:34the stand and say that trust me
  1361. 54:35it happens in that jail all the time so
  1362. 54:38sam evans at that point
  1363. 54:39realized this guy's telling the truth he
  1364. 54:42knows where body's at
  1365. 54:43he got obsessed with the i'm going to
  1366. 54:45trade the body for the assistance
  1367. 54:47because he had a no-win situation on a
  1368. 54:49life sentence so when i tried to back
  1369. 54:51out
  1370. 54:52sammy wasn't having it then became a
  1371. 54:54little abusive a little threatening
  1372. 54:55i tried to back up i was pretty
  1373. 54:57depressed
  1374. 54:58so february second third
  1375. 55:02right in there maybe the fourth then he
  1376. 55:04kind of got threatening around the first
  1377. 55:06and second
  1378. 55:06then the fourth february the fourth he
  1379. 55:08didn't talk to me at all
  1380. 55:09and i kind of thought maybe he went on
  1381. 55:11you know he's going to leave me alone
  1382. 55:13because i'll be honest with you at that
  1383. 55:15point i was kind of all over the place
  1384. 55:17in a mental despair
  1385. 55:19but on february the 5th i'm sitting on
  1386. 55:21my bunk
  1387. 55:23i hear this at the door i look up and
  1388. 55:26there's sammy evans he's got a writing
  1389. 55:28pad in his hand
  1390. 55:29he immediately hands me a note before i
  1391. 55:31can say anything that says
  1392. 55:32i'm wired and then he steps away from
  1393. 55:36the door
  1394. 55:36well i took that note and i balled it up
  1395. 55:39and i threw it in the toilet
  1396. 55:41because the cells were small sami evans
  1397. 55:44didn't see that part
  1398. 55:45and that was a blessing too he didn't
  1399. 55:48see that but i didn't want to come out
  1400. 55:49of the cell
  1401. 55:50he comes back to the cell then he lures
  1402. 55:52me out of the cell
  1403. 55:54but then i don't want to go down to this
  1404. 55:56this at the time i didn't know where he
  1405. 55:58wanted to take me because we're in an
  1406. 55:59area
  1407. 56:00where i really can't get away from him
  1408. 56:02you know what i mean we were locked into
  1409. 56:03jail
  1410. 56:04so i he gets me out of the cell and he
  1411. 56:06gets a hold of my arm
  1412. 56:08and and then he walks me down to an
  1413. 56:11empty cell and this is an important
  1414. 56:13this is an important part of what you're
  1415. 56:16hearing right now
  1416. 56:18because what i'll tell you and what
  1417. 56:20evans tells you
  1418. 56:21and what the record reflects you you're
  1419. 56:24going to see evans is lying to you
  1420. 56:27when he when he took me out of the cell
  1421. 56:29he got me by the elbow it gets me down
  1422. 56:30to the
  1423. 56:31there's an empty cell which offers a
  1424. 56:33little privacy
  1425. 56:35now he's still got this writing pad in
  1426. 56:37his hand
  1427. 56:38so he gets down to the cell and he says
  1428. 56:41i think we'll just sit in here for a
  1429. 56:44little while
  1430. 56:45and he guides me into the cell when you
  1431. 56:47listen to the
  1432. 56:48february 5th recording and you look at
  1433. 56:51the transcripts on page six
  1434. 56:53as he says those words and don't quote
  1435. 56:56me because my words are probably awful a
  1436. 56:58little bit
  1437. 56:58but he's you can tell by the recording
  1438. 57:01he's guiding me into the empty cell
  1439. 57:04at that point there's a pause an unusual
  1440. 57:07pause
  1441. 57:08in that in that recording but you
  1442. 57:12have to understand my position the the
  1443. 57:15younger generation
  1444. 57:16are usually gang-related in that jail so
  1445. 57:20if you get in a problem in one part of
  1446. 57:22the jail just because you go to another
  1447. 57:24floor or another part
  1448. 57:25doesn't necessarily mean you have
  1449. 57:27avoided the trouble
  1450. 57:28the jail is full of gang members and
  1451. 57:31that was the reason for the
  1452. 57:33safe jail project and all the cameras
  1453. 57:36tell us
  1454. 57:36i gotta i gotta stick to the facts of
  1455. 57:38what happened well
  1456. 57:40okay so he gets me he gets me to that
  1457. 57:43cell door
  1458. 57:45but the reason i keep keep going back to
  1459. 57:48the conditions of the jail is because in
  1460. 57:50order to understand what's going on you
  1461. 57:52really have to kind of understand
  1462. 57:54the situation in the environment and the
  1463. 57:56mental state that i'm in
  1464. 57:59so it's a combination of facts it's not
  1465. 58:02just
  1466. 58:02being led into the cell right okay so
  1467. 58:05anyway he's leading me into the cell
  1468. 58:06on the recording you hear a pause at
  1469. 58:09that point when we entered the cell
  1470. 58:11he had the pad in his hand now he'd
  1471. 58:14already given me the note i'm wired i
  1472. 58:15threw it in the toilet
  1473. 58:16we go down to the empty cell it gives me
  1474. 58:19the pad
  1475. 58:21no we go in the door of the cell and i
  1476. 58:24take the pad from him
  1477. 58:26let me back up we go into as we're going
  1478. 58:29in the ink door of the empty cell
  1479. 58:32there's a pre-written note on the pad
  1480. 58:36he has pre-written before he took me
  1481. 58:38into the room
  1482. 58:39and it read now i'm a little
  1483. 58:43confused about what it don't uh don't
  1484. 58:46say anything to get me into any trouble
  1485. 58:48or you're going to regret it
  1486. 58:50to that respect i would probably have to
  1487. 58:52sit for a minute and try to collect my
  1488. 58:54thoughts on that but
  1489. 58:55but that's in a nutshell what it said as
  1490. 58:58he's showing me this
  1491. 58:59pre-written note on the pad and we're
  1492. 59:01going into the cell i take the pad out
  1493. 59:03of his hand
  1494. 59:05and then there's an unusual pause in the
  1495. 59:07recording because remember
  1496. 59:08he can't talk to me about what's written
  1497. 59:11on the pad because of the recording
  1498. 59:13so there's two conversations occurring
  1499. 59:16simultaneously
  1500. 59:17one on the recording and one on the
  1501. 59:19writing pad
  1502. 59:21as we enter the empty cell and he shows
  1503. 59:24me the note
  1504. 59:25don't do anything stupid you say
  1505. 59:28anything stupid to get me in trouble and
  1506. 59:29you're going to regret it
  1507. 59:30i take the pad from him and then you
  1508. 59:33hear the unusual pause
  1509. 59:35the unusual pause is he's looking for
  1510. 59:37the pencil to give me
  1511. 59:38so i can write a note back i get the
  1512. 59:42pencil
  1513. 59:43i scratch on the note i told you no now
  1514. 59:46we're in the empty cell
  1515. 59:47he takes the pad and the pencil back
  1516. 59:49from me but you've got to understand
  1517. 59:51there's a verbal conversation occurring
  1518. 59:53on the recording at the same time
  1519. 59:55during the first part of the february
  1520. 59:585th recording
  1521. 59:59and it's all up in the front of the
  1522. 1:00:01recording
  1523. 1:00:03it if you listen very intensely
  1524. 1:00:06to evan's conversation there appears to
  1525. 1:00:10be a distraction
  1526. 1:00:12in his words in a couple of unusual
  1527. 1:00:15pauses
  1528. 1:00:15this man was writing while he was
  1529. 1:00:17talking
  1530. 1:00:19and although you can't i mean obviously
  1531. 1:00:21the audio recording doesn't reflect him
  1532. 1:00:23writing
  1533. 1:00:24but the unusual pauses give a little
  1534. 1:00:26support to it
  1535. 1:00:28now sammy evans later admitted that
  1536. 1:00:30there was a pad in there
  1537. 1:00:32and there was two conversations going on
  1538. 1:00:33he's like let me
  1539. 1:00:35go okay so anyway we're in the room and
  1540. 1:00:36logically okay all right so then you
  1541. 1:00:38have this long conversation we heard it
  1542. 1:00:39yesterday
  1543. 1:00:40yeah yeah that was a pretty long one
  1544. 1:00:41yeah okay um how much of that confession
  1545. 1:00:44is true
  1546. 1:00:45uh well obviously we had weeks to think
  1547. 1:00:48about it right well
  1548. 1:00:49obviously obviously the location of the
  1549. 1:00:51body was
  1550. 1:00:52i mean i i couldn't i couldn't uh
  1551. 1:00:55rightfully dispute that and i and i had
  1552. 1:00:58knowledge of the body
  1553. 1:00:59and i had knowledge of the condition of
  1554. 1:01:01the body
  1555. 1:01:03so if you took that out of the recording
  1556. 1:01:07there are there are a few other areas
  1557. 1:01:11one was uh my brother in a body shop
  1558. 1:01:13with a stolen truck and
  1559. 1:01:15calling me to help him and that was true
  1560. 1:01:18but that's a completely different story
  1561. 1:01:20uh oh how about the two other girls that
  1562. 1:01:24you say you killed
  1563. 1:01:25no that was all fictitious the the the
  1564. 1:01:27kidnappings the
  1565. 1:01:28other murders the torture the soundproof
  1566. 1:01:31room
  1567. 1:01:32those were those were the aggravating
  1568. 1:01:35factors that i had created
  1569. 1:01:37that would get me the death penalty it i
  1570. 1:01:40couldn't just
  1571. 1:01:41say well i know where bodies at and i
  1572. 1:01:42killed this girl right because i'm not
  1573. 1:01:44going to get the death penalty
  1574. 1:01:45right so the sex trafficking was there
  1575. 1:01:47ever any sex time thinking no absolutely
  1576. 1:01:49not
  1577. 1:01:50no human trafficking none no there were
  1578. 1:01:52witnesses of that
  1579. 1:01:53and had you called my witnesses for this
  1580. 1:01:55trial perhaps there would be other
  1581. 1:01:56people in here supporting my testimony
  1582. 1:01:58there was none of that going on in that
  1583. 1:01:59house
  1584. 1:02:00yes sir was there a bolt in the floor
  1585. 1:02:02that you could chain people down to
  1586. 1:02:04i believe detective sullivan answered
  1587. 1:02:06that question for you
  1588. 1:02:07no there was not all right and you heard
  1589. 1:02:09allegations of uh females being chained
  1590. 1:02:11to beds and
  1591. 1:02:12and we went over with detective sullivan
  1592. 1:02:14whether or not there was any scratchings
  1593. 1:02:15on the bed frames remember that
  1594. 1:02:17well i heard some testimony that one
  1595. 1:02:20witness hog was
  1596. 1:02:21chained to a tree in my backyard as the
  1597. 1:02:24photographs were
  1598. 1:02:25evident that i'm telling the truth there
  1599. 1:02:27were no trees at all in my yard
  1600. 1:02:30how she was trained to a tree in the
  1601. 1:02:32backyard i've yet to figure that out
  1602. 1:02:34there was a crashed
  1603. 1:02:35old very very wide tree just across the
  1604. 1:02:38fence right oh there were many trees
  1605. 1:02:40across the fence line but you got to
  1606. 1:02:41understand there was a chain link fence
  1607. 1:02:43there
  1608. 1:02:44she was not chained to a tree in my yard
  1609. 1:02:47we we cut the trees down and ground the
  1610. 1:02:48stumps long ago for the room
  1611. 1:02:51there were no trees at all there were
  1612. 1:02:52some heads out by the front that had
  1613. 1:02:54probably six or eight razor blades in
  1614. 1:02:56them
  1615. 1:02:56and that's another story too but those
  1616. 1:02:58were the only living trees
  1617. 1:03:00on that property was that hedge out by
  1618. 1:03:02the street okay what about the story
  1619. 1:03:03that you're out in california and you
  1620. 1:03:05shot somebody out in california yeah
  1621. 1:03:06that was that was made up too
  1622. 1:03:08okay how about that story about
  1623. 1:03:11i guess you said you stole a car i mean
  1624. 1:03:13you had to go from a to b
  1625. 1:03:15you stole the car because there just
  1626. 1:03:16happened to be a guy getting out without
  1627. 1:03:17the keys and
  1628. 1:03:18his daughter you pull into his house
  1629. 1:03:20with his daughter behind you
  1630. 1:03:21well that was kind of a filler story
  1631. 1:03:24yeah
  1632. 1:03:25there was a lot of there was a lot of
  1633. 1:03:28conversation that wasn't related
  1634. 1:03:30to the heinous mitigating factors
  1635. 1:03:33that was uh also false as well
  1636. 1:03:36i mean i mean once he got me in the cell
  1637. 1:03:40and he used the paper and he kind of he
  1638. 1:03:42coheres me and he
  1639. 1:03:43at one point he stopped me from leaving
  1640. 1:03:44the cell once he got me in there and he
  1641. 1:03:46got me
  1642. 1:03:47now now remember we had already talked
  1643. 1:03:50about the confession
  1644. 1:03:51but i tried to back out but once he got
  1645. 1:03:53me in the cell and he got me into
  1646. 1:03:55the coercion and he and he got me to
  1647. 1:03:57talking
  1648. 1:03:59then it was kind of like it was it was
  1649. 1:04:02kind of like someone going to
  1650. 1:04:04i would i would liken it to this you you
  1651. 1:04:07have a
  1652. 1:04:08you have a issue and you're seeing your
  1653. 1:04:10psychologist every week
  1654. 1:04:12trying to deal with this issue of
  1655. 1:04:14something that occurred in your life
  1656. 1:04:16and you can't really you can't really
  1657. 1:04:18get it out and you have two or three
  1658. 1:04:20sessions with a psychologist
  1659. 1:04:22and one day you go to the psychologist
  1660. 1:04:24and he says the right thing
  1661. 1:04:25and it all comes gushing out at one time
  1662. 1:04:28if you can kind of understand that
  1663. 1:04:30situation you take that and you place it
  1664. 1:04:34in the empty cell
  1665. 1:04:35when it gets me in the empty cell the
  1666. 1:04:37rehearsed
  1667. 1:04:38uh fictitious story once he used the
  1668. 1:04:41coercion he gets me in there and he gets
  1669. 1:04:43the story flowing
  1670. 1:04:44it kind of gushed out and at some points
  1671. 1:04:46i was needing
  1672. 1:04:47filler just to keep the conversation
  1673. 1:04:49going so you get a stolen car where i
  1674. 1:04:53drove up in the daughter's yard and you
  1675. 1:04:56get other little stories that really
  1676. 1:04:58aren't
  1677. 1:04:59associated with the aggravating factors
  1678. 1:05:02they're just fillers to keep the
  1679. 1:05:03conversation going
  1680. 1:05:05while we are still communicating on the
  1681. 1:05:08writing pad
  1682. 1:05:09or he was doing most of the
  1683. 1:05:10communicating at that point
  1684. 1:05:12the only thing i ever wrote on the pad
  1685. 1:05:13was i said no
  1686. 1:05:15i told you no i think that's how i wrote
  1687. 1:05:17it i told you no
  1688. 1:05:19and uh all right so then that
  1689. 1:05:21conversation ends
  1690. 1:05:22right yes that conversation and were you
  1691. 1:05:24aware that he had taken the recording
  1692. 1:05:26back to jail
  1693. 1:05:26oh yeah well where else would he take
  1694. 1:05:28the recording he had it on
  1695. 1:05:29so he takes the recording back and i
  1696. 1:05:31think it's over at that point
  1697. 1:05:33okay so what happens a couple days later
  1698. 1:05:36well
  1699. 1:05:36i'm thinking it's over then five days
  1700. 1:05:39later
  1701. 1:05:40i look up there's at the door again he's
  1702. 1:05:42got another writing pad in his hand and
  1703. 1:05:43he hands me another note i'm wired and
  1704. 1:05:44i'm like oh no not again
  1705. 1:05:46not going to happen i won't come out of
  1706. 1:05:48the cell i throw the tor i throw
  1707. 1:05:50the note in the toilet and i don't want
  1708. 1:05:52to come out of the cell this time
  1709. 1:05:54but he gets me out of the cell and he
  1710. 1:05:56takes me and
  1711. 1:05:57and and what's interesting is that mr
  1712. 1:06:00evans has stated in his deposition
  1713. 1:06:03and although i don't know if he would if
  1714. 1:06:05he testified on on
  1715. 1:06:07sustain i can't go into what he stated
  1716. 1:06:09okay well anyway
  1717. 1:06:11there were allegations that uh
  1718. 1:06:14i took him into that cell that were
  1719. 1:06:17completely false
  1720. 1:06:19so he took me into that cell on two
  1721. 1:06:22occasions
  1722. 1:06:23and the recording distinctly as i just
  1723. 1:06:26said a minute ago if you listen to that
  1724. 1:06:27recording
  1725. 1:06:28he is found saying on that recording
  1726. 1:06:30let's go in here
  1727. 1:06:32so there's no dispute about hutoku in
  1728. 1:06:34the cell so anyway he gets me into the
  1729. 1:06:36cell
  1730. 1:06:36the same cell on february the 10th
  1731. 1:06:41that's i throw the note in the toilet he
  1732. 1:06:43gets me i won't come out of the cell he
  1733. 1:06:45finally gets him out of sale he takes
  1734. 1:06:46him back to the
  1735. 1:06:47to the same empty cell gets me into the
  1736. 1:06:51cell
  1737. 1:06:52and then he starts asking me specific
  1738. 1:06:54questions okay what's he trying to get
  1739. 1:06:55out of you
  1740. 1:06:56the most thing that he wanted was the
  1741. 1:06:58cause of death
  1742. 1:07:00but that went right back to
  1743. 1:07:03the reason i couldn't go to the police
  1744. 1:07:05because i didn't know it
  1745. 1:07:07and he knew that i didn't know the cause
  1746. 1:07:09of death
  1747. 1:07:10but what had happened was he told the
  1748. 1:07:13cops
  1749. 1:07:15i'm going to secretly record russell
  1750. 1:07:17tillis and get this confession
  1751. 1:07:20okay the cops believed him he comes in
  1752. 1:07:24he he curses the bogus confession out of
  1753. 1:07:27me he
  1754. 1:07:28finally gets it he goes back the cops
  1755. 1:07:30believe that he covertly recorded me
  1756. 1:07:33well when there's not enough information
  1757. 1:07:35on the recording and it lacks that
  1758. 1:07:37important information of how was this
  1759. 1:07:40person killed
  1760. 1:07:41they come back to sammy evans and they
  1761. 1:07:43say wear another wire
  1762. 1:07:45you need to find out how how she was
  1763. 1:07:48killed
  1764. 1:07:48well sammy evans can't very well tell
  1765. 1:07:50him look he doesn't know that
  1766. 1:07:53that's why he wouldn't give the
  1767. 1:07:54confession to you that's why i'm wearing
  1768. 1:07:56the wire
  1769. 1:07:57he couldn't tell him that because the
  1770. 1:08:00cops thought he
  1771. 1:08:01secretly recorded me so he puts the wire
  1772. 1:08:04on
  1773. 1:08:04but now he's in a catch 22. he's coming
  1774. 1:08:06to me to ask for information
  1775. 1:08:08that he knows i don't have so he gets me
  1776. 1:08:11in the empty cell
  1777. 1:08:12and then he starts he starts pumping me
  1778. 1:08:14for that i take the writing pad and i
  1779. 1:08:16write
  1780. 1:08:17you're asking me for things you know i
  1781. 1:08:19ain't got
  1782. 1:08:21so so now you have a verbal
  1783. 1:08:23interrogation going on the
  1784. 1:08:25on the recording and you have an
  1785. 1:08:27argument
  1786. 1:08:28going on the writing pad and if you
  1787. 1:08:31listen to the february 10th recording
  1788. 1:08:34you'll notice something about that
  1789. 1:08:36recording but you have to be looking for
  1790. 1:08:38it
  1791. 1:08:39it's not something that might jump out
  1792. 1:08:40at the average person or the casual
  1793. 1:08:42onlooker
  1794. 1:08:43the recording starts and he's asking me
  1795. 1:08:46questions
  1796. 1:08:47then suddenly there's an abrupt change
  1797. 1:08:50of subject
  1798. 1:08:52what happened was he got me into the
  1799. 1:08:54cell and he starts
  1800. 1:08:55asking me questions he knows i can't
  1801. 1:08:57answer then i get mad
  1802. 1:09:00and i write on the tablet what are you
  1803. 1:09:01doing
  1804. 1:09:03you know i ain't got that information
  1805. 1:09:04but he won't stop asking
  1806. 1:09:06so the argument ensues on the writing
  1807. 1:09:08pad when he sees my agitation
  1808. 1:09:11and my my point of breaking you might
  1809. 1:09:15say
  1810. 1:09:15he abruptly changes the subject for a
  1811. 1:09:18cool down session
  1812. 1:09:20okay you read a couple more pages of the
  1813. 1:09:22transcript the cool down
  1814. 1:09:24the cooldown occurs and he resumes the
  1815. 1:09:27interrogation
  1816. 1:09:29then after four or five pages of asking
  1817. 1:09:32me questions that he knows i can't
  1818. 1:09:33answer
  1819. 1:09:34the the argument on the writing pad
  1820. 1:09:36heats back up
  1821. 1:09:38he abruptly changes subjects again and
  1822. 1:09:40he lets another cool down stage
  1823. 1:09:42and that is a cycle you will see on that
  1824. 1:09:45recording
  1825. 1:09:46and that that what was occurring behind
  1826. 1:09:49the scene
  1827. 1:09:51explains why the abrupt changes the
  1828. 1:09:54subject
  1829. 1:09:54why is he suddenly questioning me about
  1830. 1:09:56this and then he just
  1831. 1:09:57abruptly changes and starts talking
  1832. 1:09:59about his school years
  1833. 1:10:01and then he goes back to this or he goes
  1834. 1:10:02over to this
  1835. 1:10:05my point is that if you look for that
  1836. 1:10:07pattern it's there
  1837. 1:10:10it i mean it's it's there it's evident
  1838. 1:10:12it's there if you just take
  1839. 1:10:14notice to look all right so so you never
  1840. 1:10:17you don't know how she died so that's
  1841. 1:10:19not on the on the audio right for the
  1842. 1:10:21second conversation no no way
  1843. 1:10:22and that like i say that was one of the
  1844. 1:10:24problems with the whole
  1845. 1:10:26whole bogus confession was and it was a
  1846. 1:10:29fear of getting caught
  1847. 1:10:31i didn't know the cause of death okay
  1848. 1:10:33let me go back to some of the things
  1849. 1:10:34that you've seen here this week um using
  1850. 1:10:36pictures of your house right
  1851. 1:10:37yeah okay tell us what you do for a
  1852. 1:10:39living
  1853. 1:10:40well what i did for a living when i was
  1854. 1:10:44arrested what i was doing for a living
  1855. 1:10:45yes sir
  1856. 1:10:46not now well if you notice uh
  1857. 1:10:50the pictures of the house uh i noticed
  1858. 1:10:53one was some bed frames in a little sun
  1859. 1:10:56room
  1860. 1:10:56but if you notice in another room a
  1861. 1:10:59bicycle backpacks
  1862. 1:11:01a lot of odd things in
  1863. 1:11:04what i there was a man named oliver that
  1864. 1:11:07has a furniture store on main street
  1865. 1:11:09he owns an empty lot at 16th and maine
  1866. 1:11:13it's a big slab of concrete mr oliver
  1867. 1:11:16let me use that big slab of concrete
  1868. 1:11:19anytime i wanted to
  1869. 1:11:21and i in exchange for using it i would
  1870. 1:11:23mow the grass around the slab and pick
  1871. 1:11:25the paper up pick trash up out of his
  1872. 1:11:26lot
  1873. 1:11:28now i would collect things like that
  1874. 1:11:31beds frames backpacks uh
  1875. 1:11:34i would collect miscellaneous furniture
  1876. 1:11:38where would you get it from uh well
  1877. 1:11:41one night have you ever heard of these
  1878. 1:11:43people riding around and picking up
  1879. 1:11:44steel out of garbage cans
  1880. 1:11:46and then selling it for scrap well i
  1881. 1:11:48decided to do that one night
  1882. 1:11:49so i put a trailer had a couple of
  1883. 1:11:51trailers hook it behind the truck i go
  1884. 1:11:52out
  1885. 1:11:53to this wealthy area and i ride around
  1886. 1:11:56and i find this barbecue grill that's
  1887. 1:11:57kind of rusted out and i pull over and
  1888. 1:11:58i'm going to put it on the trailer
  1889. 1:12:01and this guy races up and says hey he
  1890. 1:12:02wants to fight you're
  1891. 1:12:04you're interfering with my route that's
  1892. 1:12:07my my grill this is my route i pick up
  1893. 1:12:09the steel
  1894. 1:12:10and i'm thinking i'm not fighting you
  1895. 1:12:11over a rusted out grill you can have it
  1896. 1:12:13but while this argument's going on and
  1897. 1:12:15he's taking that rusted out grill from
  1898. 1:12:17me
  1899. 1:12:18i noticed a table a little small table
  1900. 1:12:20sitting beside the street that was with
  1901. 1:12:22the grill
  1902. 1:12:23so he gets the grill and he leaves and i
  1903. 1:12:25start looking at the table and i'm
  1904. 1:12:26thinking
  1905. 1:12:26that's a pretty nice table i took the
  1906. 1:12:28table home okay
  1907. 1:12:29and i had a pressure washer so i washed
  1908. 1:12:31it wash it oh yeah well i was frequently
  1909. 1:12:34washing things
  1910. 1:12:35everything i'd get the first thing i did
  1911. 1:12:37with it was wash it
  1912. 1:12:38okay so so so if i put my trash out
  1913. 1:12:41tonight
  1914. 1:12:41and there's a trash can and an old
  1915. 1:12:43dishwasher i wake up the next morning
  1916. 1:12:45and the dishwasher's gone but my trash
  1917. 1:12:47is still there you're the guy that came
  1918. 1:12:48by the night and took it yeah i'm
  1919. 1:12:49probably the guy that got that or a
  1920. 1:12:50table most of mine was furniture because
  1921. 1:12:52after that i very rarely picked up any
  1922. 1:12:54scrap steel but i was forever picking up
  1923. 1:12:57chairs tables furniture
  1924. 1:12:58and another thing that i picked up
  1925. 1:13:00frequently and those photographs
  1926. 1:13:02will demonstrate is a little plastic
  1927. 1:13:06like these tables small children use in
  1928. 1:13:08their yard
  1929. 1:13:09you know how you have you know you got a
  1930. 1:13:10three-year-old kid you got your little
  1931. 1:13:12plastic table or sandbox or i would pick
  1932. 1:13:15those up
  1933. 1:13:16and pressure wash them real good to
  1934. 1:13:18where they look new and then when i went
  1935. 1:13:20down to 16th and main
  1936. 1:13:21one corner of the lot was free if it was
  1937. 1:13:24a child's tory
  1938. 1:13:26it was free and what that did was it it
  1939. 1:13:30it drew the community to let me
  1940. 1:13:33use that because you got to understand
  1941. 1:13:35i'm in a i'm in a neighborhood
  1942. 1:13:37where they hustle and it's a pretty
  1943. 1:13:39rough neighborhood 16th in maine
  1944. 1:13:41you know i'm a white long-haired white
  1945. 1:13:42guy probably not easily accepted
  1946. 1:13:45but once the local community realized
  1947. 1:13:49that
  1948. 1:13:50that the kids got everything if it was a
  1949. 1:13:52kid's toy like
  1950. 1:13:53i kept boxes of stuffed animals i would
  1951. 1:13:55wash them in the washing machine
  1952. 1:13:56and then i'd send them over there i'd
  1953. 1:13:57give the kids stuff away the
  1954. 1:14:00that little local community kind of
  1955. 1:14:01accepted me and then twice a week
  1956. 1:14:04i would go sell things on that corner
  1957. 1:14:07and i averaged about between two and
  1958. 1:14:09three hundred dollars every time i went
  1959. 1:14:10down there
  1960. 1:14:11that was one way one source of income
  1961. 1:14:14another was
  1962. 1:14:15the discovery exhibit the state offered
  1963. 1:14:18the defense
  1964. 1:14:19has some calendars in it and on that
  1965. 1:14:21calendar there's figures written all
  1966. 1:14:23over it
  1967. 1:14:24i sold some scrap i did sell scrap and
  1968. 1:14:27the third source of income
  1969. 1:14:29was the pictures that the state showed
  1970. 1:14:31you of my house
  1971. 1:14:33one particular picture i don't remember
  1972. 1:14:35the exhibit
  1973. 1:14:36although we could run through it and
  1974. 1:14:37find it there there's
  1975. 1:14:39two driveways in my front of my house
  1976. 1:14:41when you're facing the house
  1977. 1:14:43the driveway on the right which some
  1978. 1:14:46witnesses testified they seen me with a
  1979. 1:14:48shovel
  1980. 1:14:49digging around the driveway out front
  1981. 1:14:51what i did was i put in a second
  1982. 1:14:53driveway a second culvert
  1983. 1:14:55and a second set of fences and then i
  1984. 1:14:58fenced off that area
  1985. 1:14:59and i rented it to a guy in a travel
  1986. 1:15:01trailer so i got 350
  1987. 1:15:03a month for that then i got a couple
  1988. 1:15:05hundred dollars a week for
  1989. 1:15:06selling the stuff to the down there on
  1990. 1:15:0816th in maine and i probably sold maybe
  1991. 1:15:10i don't know 100
  1992. 1:15:11worth of scrap a week you know maybe 150
  1993. 1:15:14every two weeks so my average come out
  1994. 1:15:17to about
  1995. 1:15:18i don't know 400 a week 350 a week but i
  1996. 1:15:21didn't work
  1997. 1:15:22as far as the i mean it was all tax-free
  1998. 1:15:25money
  1999. 1:15:26all right that's why the neighbors never
  2000. 1:15:27could figure out how to pay the light
  2001. 1:15:28bill
  2002. 1:15:29hi mr let me get you back on the case
  2003. 1:15:31all right all right you saw tabitha hogg
  2004. 1:15:33this week testify against you yeah i've
  2005. 1:15:35seen all that
  2006. 1:15:36tell us how you know top of the hog well
  2007. 1:15:39uh i picked her up one day over there in
  2008. 1:15:43phillips highway like she told you
  2009. 1:15:44and i got her to get me a box of sudafed
  2010. 1:15:46so i could uh if i could cook some
  2011. 1:15:48methamphetamine
  2012. 1:15:49i mean it's true i did that
  2013. 1:15:52okay i know it sounds bad but i did that
  2014. 1:15:55what was your relationship with her
  2015. 1:15:57well yeah it wasn't really a
  2016. 1:15:58relationship but uh
  2017. 1:16:01she they call that a smurf it's a legal
  2018. 1:16:03name
  2019. 1:16:04i don't know if it's in the law books
  2020. 1:16:05but on the street
  2021. 1:16:07it's a it's a name that uh you apply to
  2022. 1:16:10a person that buys pseudofed for you
  2023. 1:16:14sudafed has in it an active ingredient
  2024. 1:16:17methamphetamine and what you do is you
  2025. 1:16:19take the pseudofed
  2026. 1:16:20and you run it through an extraction
  2027. 1:16:22process you don't make the
  2028. 1:16:23methamphetamine
  2029. 1:16:24you simply extract it out of the pill so
  2030. 1:16:28you you get this box of sudafed you get
  2031. 1:16:31a smurf
  2032. 1:16:32to buy the sudafed for you and then you
  2033. 1:16:34take the
  2034. 1:16:35the 10 pills in the box and you run them
  2035. 1:16:37through an extraction process
  2036. 1:16:39and it'll get you about 1.8 grams of
  2037. 1:16:41methamphetamine
  2038. 1:16:42so she was a smurf basically and she
  2039. 1:16:45hung out at the house and she kept some
  2040. 1:16:47clothes there and she'd come back and
  2041. 1:16:48forth and
  2042. 1:16:49she wasn't really that bad a girl i mean
  2043. 1:16:51she was on the street strong out on
  2044. 1:16:53drugs but she wasn't really that bad of
  2045. 1:16:54a girl
  2046. 1:16:54did you ever have sex with her back then
  2047. 1:16:56well
  2048. 1:16:58i yeah there was there was sexual
  2049. 1:17:00encounter but the relationship wasn't
  2050. 1:17:02really sexual but i mean
  2051. 1:17:04you know occasionally she'd come over
  2052. 1:17:05there and there was nobody else around
  2053. 1:17:07or something she might
  2054. 1:17:08hang out and do that but the
  2055. 1:17:10relationship wasn't based
  2056. 1:17:11on a sexual relationship you follow what
  2057. 1:17:14i mean
  2058. 1:17:14yes yeah i mean i'm not saying it didn't
  2059. 1:17:17occur on occasions but
  2060. 1:17:18how many occasions i don't remember but
  2061. 1:17:21it wasn't it wasn't about that
  2062. 1:17:22really okay she she alleges that you
  2063. 1:17:26chained her to the bed yeah yeah she
  2064. 1:17:28made some she made some pretty wild
  2065. 1:17:29allegations
  2066. 1:17:30yes sir to the tree that didn't exist
  2067. 1:17:32yeah she made that too
  2068. 1:17:33is any of that true no but she she was
  2069. 1:17:35in jail
  2070. 1:17:36and and the reason i went down there is
  2071. 1:17:39because like i said she wasn't really
  2072. 1:17:40that bad a girl
  2073. 1:17:41and uh she didn't have anybody to give
  2074. 1:17:43her any money
  2075. 1:17:44so i put a little money on her books i
  2076. 1:17:46go down and see her once a week
  2077. 1:17:48because when you're in jail it's nice to
  2078. 1:17:51get a little mail
  2079. 1:17:52and it's and it's nice to get a visit
  2080. 1:17:54those kind of things
  2081. 1:17:56really really help you while you're in
  2082. 1:17:59jail
  2083. 1:18:00and having been in jail i understand
  2084. 1:18:03that
  2085. 1:18:04i understand what it's like to be there
  2086. 1:18:07and
  2087. 1:18:08there'd be nobody so i went down there
  2088. 1:18:12i put money on the books i seen her she
  2089. 1:18:14says well i'm getting out come pick me
  2090. 1:18:15up i'll go pick her up
  2091. 1:18:17but during the course of visiting her
  2092. 1:18:19and putting money on her books she gave
  2093. 1:18:20me this story well i'm gonna be clean
  2094. 1:18:22now don't misunderstand me i wasn't drug
  2095. 1:18:24free
  2096. 1:18:25by no means but
  2097. 1:18:28any any drugs i did you might say it was
  2098. 1:18:31a functional
  2099. 1:18:33a functional kind of drug it wasn't a a
  2100. 1:18:36drug
  2101. 1:18:36house where druggies all come and got
  2102. 1:18:38high and what i didn't i didn't live
  2103. 1:18:40that sort of style
  2104. 1:18:41although i did occasionally use drugs so
  2105. 1:18:44during the course of her being in jail
  2106. 1:18:47she alleges well hey i'll get out of
  2107. 1:18:49jail we'll clean up a little bit
  2108. 1:18:51you know i've been dry i've been
  2109. 1:18:52cleaning this amount of time i'm going
  2110. 1:18:54to clean up
  2111. 1:18:54so i go pick her up and as soon as she
  2112. 1:18:56gets in the car she wants to go get some
  2113. 1:18:57heroin
  2114. 1:18:58and i told her i said well now she gets
  2115. 1:19:00out of jail she's got her things she
  2116. 1:19:01gets in the car
  2117. 1:19:03she wants to go get some heroin and i
  2118. 1:19:05said well you know
  2119. 1:19:06you want to go get heroin i'll drop you
  2120. 1:19:07off i mean myself i don't
  2121. 1:19:10heroin is in pills that's not my drug i
  2122. 1:19:12don't i don't mess with heroin
  2123. 1:19:14or pills but uh i said well if you want
  2124. 1:19:16to get some hair when i drop you off
  2125. 1:19:17but i ain't waiting for you i ain't
  2126. 1:19:19coming back to get you i drop her off
  2127. 1:19:22and she stays there three two three four
  2128. 1:19:24days probably four maybe five days
  2129. 1:19:27shows up at the house she wants her
  2130. 1:19:28stuff but she knows
  2131. 1:19:30she knew not to bring anybody to my
  2132. 1:19:33house a stranger
  2133. 1:19:34that's the last thing i do is let a
  2134. 1:19:36stranger in my house like that some
  2135. 1:19:38other strange man i i i'm not that of
  2136. 1:19:41that kind of mind
  2137. 1:19:43so it was raining she comes back to get
  2138. 1:19:45her stuff she gets some guy to drop her
  2139. 1:19:47off
  2140. 1:19:47she comes up to the house it's raining
  2141. 1:19:49she wants her stuff i said there's your
  2142. 1:19:50stuff
  2143. 1:19:51and then i make her leave before she got
  2144. 1:19:53hot and that's mostly where this
  2145. 1:19:55testimony came from
  2146. 1:19:56okay so it was just because she was mad
  2147. 1:19:58at you yeah well i put her out in the
  2148. 1:19:59rain with her bag of stuff and she
  2149. 1:20:00wanted to ride i said i ain't giving you
  2150. 1:20:02a ride i ain't got time
  2151. 1:20:03i was doing something else and she she
  2152. 1:20:06went away in the rain with her bag but
  2153. 1:20:08it was grudgingly and then suddenly now
  2154. 1:20:10she's testifying against me
  2155. 1:20:12to a tree that didn't exist okay let's
  2156. 1:20:15talk about why we're here
  2157. 1:20:16why are we here mr fletcher before we do
  2158. 1:20:20that we've been at it
  2159. 1:20:21a little over an hour so let's take a
  2160. 1:20:24comfort stretch break
  2161. 1:20:25members of the jury do not discuss the
  2162. 1:20:27case and we'll see you back in just a
  2163. 1:20:28few moments
  2164. 1:20:44hmm
  2165. 1:21:41let's go back on the record uh mr
  2166. 1:21:43mizrahi
  2167. 1:21:44is there something you want to do
  2168. 1:22:22okay
  2169. 1:22:28mr fletcher
  2170. 1:22:54well i understand where state's coming
  2171. 1:22:55from i'm not sure
  2172. 1:22:57i'll take it under advisement uh i'll
  2173. 1:22:59ask that the state proffer those
  2174. 1:23:01questions before
  2175. 1:23:02um certainly he
  2176. 1:23:05they get asked in front of the jury
  2177. 1:23:09it may
  2178. 1:23:12there's no question that the defendant
  2179. 1:23:15did
  2180. 1:23:16unsolicited mention that he is familiar
  2181. 1:23:19with aggravating factors and
  2182. 1:23:21what uh um what they are and what that
  2183. 1:23:24means
  2184. 1:23:26whether or not he
  2185. 1:23:30has the knowledge or indicated in front
  2186. 1:23:32of this jury that he has the specific
  2187. 1:23:33knowledge about
  2188. 1:23:34aggravating factors relating to prior
  2189. 1:23:37violent felony convictions
  2190. 1:23:39that's an issue that the court will
  2191. 1:23:42consider in whether or not i would uh
  2192. 1:23:45grant the state's
  2193. 1:23:46request so in any event we'll
  2194. 1:23:49we'll proffer it if that's what the
  2195. 1:23:51state wants if state still intends to
  2196. 1:23:53to go down that route obviously it's
  2197. 1:23:56clearly unusual for a defendant to
  2198. 1:23:59indicate knowledge on direct examination
  2199. 1:24:03of
  2200. 1:24:03aggravating factors so
  2201. 1:24:05[Music]
  2202. 1:24:08in any event that's that's my ruling or
  2203. 1:24:10non-ruling at this point
  2204. 1:24:13now i'd prefer to wait until after
  2205. 1:24:14direct examination you can probably do
  2206. 1:24:16it at the beginning we'll see how much
  2207. 1:24:17longer the direct is
  2208. 1:24:19we may take another break we may break
  2209. 1:24:21for the evening
  2210. 1:24:22we'll just see where we're at at the
  2211. 1:24:24appropriate time
  2212. 1:24:25okay are we ready to bring the jury back
  2213. 1:24:29let's bring him back
  2214. 1:25:04i think he may be seated and
  2215. 1:25:07members of the jury of course it's about
  2216. 1:25:084 30 remember i
  2217. 1:25:10told you all yesterday that i couldn't
  2218. 1:25:12promise you every night that we would be
  2219. 1:25:14done at the close of business i suspect
  2220. 1:25:16tonight we won't be
  2221. 1:25:17uh finished at the close of business try
  2222. 1:25:19not to keep you too late tonight
  2223. 1:25:20but i just don't want you to think if we
  2224. 1:25:22get close to five that we're getting
  2225. 1:25:23ready to wrap up because that
  2226. 1:25:24that may not be the case this evening so
  2227. 1:25:27uh y'all are doing a great job
  2228. 1:25:29uh staying awake and alert please
  2229. 1:25:32continue with that
  2230. 1:25:32if at any time you need a break
  2231. 1:25:36if you need to just stand up for a
  2232. 1:25:38second and take a stretch break and
  2233. 1:25:41and wake yourself up or something please
  2234. 1:25:42feel free to do that
  2235. 1:25:44or get my attention and we'll take
  2236. 1:25:46another quick break but with that
  2237. 1:25:48let us continue mr
  2238. 1:25:53your fletcher mr tillis i think i
  2239. 1:25:56i ended with let's talk about why you're
  2240. 1:25:58here
  2241. 1:25:59right yes sir okay so tell me about the
  2242. 1:26:03you've already told the jury that you
  2243. 1:26:04knew that there was a body in the
  2244. 1:26:05backyard right
  2245. 1:26:06yes sir i have all right tell me about
  2246. 1:26:08that day what happened
  2247. 1:26:12uh well specific what day
  2248. 1:26:15the the day that the body was put in
  2249. 1:26:18your okay okay
  2250. 1:26:19okay that's specific knowledge of how
  2251. 1:26:22that occurred
  2252. 1:26:24i uh i was at home in my residence
  2253. 1:26:29i want to say it was april the 24th my
  2254. 1:26:32birthday is the 22nd
  2255. 1:26:33it was after my birthday before the end
  2256. 1:26:35of the month i'm saying 24th
  2257. 1:26:3725th and uh my brother arrives
  2258. 1:26:40he calls me on the phone and uh
  2259. 1:26:46he uh he uh asked me was i busy
  2260. 1:26:50i told him no i always keep my front
  2261. 1:26:52gates locked
  2262. 1:26:53i have neighbors that call the police
  2263. 1:26:54every day you know
  2264. 1:26:57three times a day sometimes the police
  2265. 1:26:59are on the street in front of my house
  2266. 1:27:01my gates are always locked
  2267. 1:27:04uh he calls me on the phone and he says
  2268. 1:27:05i open the gates man i'm on my way over
  2269. 1:27:08so i um i go out and open the gates
  2270. 1:27:11and i hang around for him to drive up in
  2271. 1:27:13the yard so i can lock him behind him
  2272. 1:27:15and he drives up in the yard but he
  2273. 1:27:18doesn't get out of the car
  2274. 1:27:20and uh after i lock the gates he says
  2275. 1:27:22open the garage up
  2276. 1:27:24so i opened a garage that garage where
  2277. 1:27:26you've seen those tools and all it's a
  2278. 1:27:28six-car garage
  2279. 1:27:30it's a very very large garage open the
  2280. 1:27:33door and he drives the car in the garage
  2281. 1:27:34he gets out and he's a little uh he's a
  2282. 1:27:36little distraught
  2283. 1:27:37a hysterical kind of put off
  2284. 1:27:41and uh he said he needs some help so
  2285. 1:27:44so he gets out of the car and uh
  2286. 1:27:48he wants me to help him with a problem
  2287. 1:27:50he goes around the back of the car and
  2288. 1:27:51he opens the trunk
  2289. 1:27:53and uh that's the first time i've seen
  2290. 1:27:55johnny gunner
  2291. 1:27:58what did you see well she was
  2292. 1:28:02she was in the trunk and there was a
  2293. 1:28:03mass amount of blood on her chest
  2294. 1:28:07when she was dead he wanted me to get in
  2295. 1:28:10the car with him
  2296. 1:28:11and help him go down the street and
  2297. 1:28:12dispose of him but i wouldn't get in the
  2298. 1:28:14car
  2299. 1:28:16i'm not getting in the car absolutely
  2300. 1:28:19not
  2301. 1:28:21okay so what happened next
  2302. 1:28:25well after a brief confrontation about
  2303. 1:28:28me getting
  2304. 1:28:28me not getting in the car that
  2305. 1:28:30conversation ended
  2306. 1:28:32okay was your brother trying to get you
  2307. 1:28:33to cover for you for him
  2308. 1:28:36well he was trying to get me to assist
  2309. 1:28:37him you know
  2310. 1:28:40and and uh in covering up whatever had
  2311. 1:28:44occurred
  2312. 1:28:45mind you i don't know nor would have i
  2313. 1:28:47ever questioned him
  2314. 1:28:49about how how ms gunter met her death
  2315. 1:28:53that i never i never breached that
  2316. 1:28:54conversation with him
  2317. 1:28:57okay so why did he come to you have you
  2318. 1:28:59covered for him in the past
  2319. 1:29:01well uh many times you gotta understand
  2320. 1:29:04we're
  2321. 1:29:04both in our mid 50s close age
  2322. 1:29:08as the detective testified uh my brother
  2323. 1:29:12was once caught with a stolen truck in
  2324. 1:29:13his body shop
  2325. 1:29:15that is one uh documented
  2326. 1:29:18situation the uh
  2327. 1:29:22the bill of sale that uh
  2328. 1:29:26that detective sullivan was talking
  2329. 1:29:27about was used
  2330. 1:29:29in that stolen truck situation was
  2331. 1:29:32written in my handwriting
  2332. 1:29:34and i'm the one that provided that bill
  2333. 1:29:37of sale for him to uh
  2334. 1:29:39elude arrest for the stolen truck okay
  2335. 1:29:42so tell the jury a little bit about how
  2336. 1:29:43you
  2337. 1:29:44accomplished that okay so i'm at home
  2338. 1:29:46one day
  2339. 1:29:47i don't remember the day i just remember
  2340. 1:29:49it was the middle of the summer
  2341. 1:29:51about 4 14 2014
  2342. 1:29:54summer june july you'd have to check the
  2343. 1:29:57police reports to get the date because i
  2344. 1:29:58don't know
  2345. 1:29:59him and uh my brother calls me on the
  2346. 1:30:02phone and he's hysterical
  2347. 1:30:04pretty much not not quite as bad as it
  2348. 1:30:07was when he showed up at my house with
  2349. 1:30:09miss gunter
  2350. 1:30:10but he was hysterical and he said uh
  2351. 1:30:13i need some help and uh
  2352. 1:30:16the police are all over my all over my
  2353. 1:30:17house and i got a hot truck in the shop
  2354. 1:30:20and i need some help he said my son's
  2355. 1:30:23going to be over there in a minute
  2356. 1:30:26so he hangs up and his son shows up just
  2357. 1:30:29a few minutes later
  2358. 1:30:31son drives up and he said uh dad sent me
  2359. 1:30:34over here
  2360. 1:30:35you know so i uh
  2361. 1:30:39i asked him for the vin number off the
  2362. 1:30:40vehicle because in florida it's an open
  2363. 1:30:43title law you don't have to have a
  2364. 1:30:48you don't have to have a notarized title
  2365. 1:30:50it can be open
  2366. 1:30:51so uh bill of sale is a legal tender
  2367. 1:30:54doesn't have to be notarized
  2368. 1:30:57so but i had to have the vin numbers you
  2369. 1:30:58can't write a bill of sale without
  2370. 1:31:00without an id number on it so i asked
  2371. 1:31:02him for the vin number
  2372. 1:31:04he said he didn't have it my brother had
  2373. 1:31:06just told me on the phone that the
  2374. 1:31:07police were all over his house
  2375. 1:31:09so i take a deed some of the property
  2376. 1:31:11that i'm living on
  2377. 1:31:13and i get in the truck and i go to my
  2378. 1:31:16brother's house
  2379. 1:31:17and i get out with the deed and there's
  2380. 1:31:18cops everywhere they got two records in
  2381. 1:31:21there
  2382. 1:31:21they're retrieving the stolen vehicle
  2383. 1:31:23they're retrieving the vehicle that the
  2384. 1:31:24stolen parts are going on
  2385. 1:31:26and there's cops everywhere probably
  2386. 1:31:2830-40 cops in the yard
  2387. 1:31:31so i uh
  2388. 1:31:34the police wouldn't let me on the
  2389. 1:31:35property first and then i flashed the
  2390. 1:31:38the deed which looked like a legal
  2391. 1:31:39document and i told them that there was
  2392. 1:31:41some
  2393. 1:31:42real estate transactions and that i
  2394. 1:31:44needed my brother's signature because
  2395. 1:31:45the attorney was waiting on him
  2396. 1:31:47and i didn't have time with his you know
  2397. 1:31:49i mean if he couldn't let me go to my
  2398. 1:31:50brother to get the signature he had to
  2399. 1:31:52go get my brother and bring him to me
  2400. 1:31:53i had to have the signature so he let me
  2401. 1:31:55cross the little
  2402. 1:31:56line there and go into the yard once i
  2403. 1:31:59got into the yard i told my brother i
  2404. 1:32:00said i'll
  2405. 1:32:02point the truck out so he did
  2406. 1:32:06so i told him i said well the minute i'm
  2407. 1:32:09going to tell i got to use the bathroom
  2408. 1:32:11you direct me over here against the
  2409. 1:32:12fence you pull the cop off that truck
  2410. 1:32:15so i went over to the fence to to
  2411. 1:32:18to use the bathroom and he draws the
  2412. 1:32:20cops attention
  2413. 1:32:21i sneak around the vehicles i get the
  2414. 1:32:24vin number off the dash
  2415. 1:32:26i leave so i go back to the house
  2416. 1:32:29and there's no one the time frame there
  2417. 1:32:31was no one to write the bill of sale i
  2418. 1:32:33didn't
  2419. 1:32:33normally i would never use my penmanship
  2420. 1:32:36to put on a
  2421. 1:32:37on a document like that for fear of
  2422. 1:32:40uh handwriting samples coming back to me
  2423. 1:32:44so but the time frame it didn't have
  2424. 1:32:46time
  2425. 1:32:48so i wrote the bill sale myself that he
  2426. 1:32:49had bought it from a girl named julie
  2427. 1:32:52something i can't remember the last name
  2428. 1:32:54i used and uh
  2429. 1:32:56then i called my nephew his son and i
  2430. 1:32:59said i
  2431. 1:32:59come by get the bill of sale so he came
  2432. 1:33:01by and got the bill of sale
  2433. 1:33:03and uh i instructed him what to do he
  2434. 1:33:06took the bill of sale to my brother they
  2435. 1:33:07produced it to the police
  2436. 1:33:08the police confiscated both vehicles
  2437. 1:33:11they hailed the vehicles
  2438. 1:33:13they searched for the person on the bill
  2439. 1:33:15of sale which was a victious person
  2440. 1:33:17they never found and eventually not only
  2441. 1:33:20did the police give the stolen vehicle
  2442. 1:33:22back to my brother with a clear title
  2443. 1:33:24they gave him back the automobile that
  2444. 1:33:25he was putting the stolen parts on
  2445. 1:33:29so that that is a documented
  2446. 1:33:33event where he has spontaneously called
  2447. 1:33:36me
  2448. 1:33:36for that sort of assistance but that is
  2449. 1:33:40not the only time that man has ever
  2450. 1:33:42stepped up to the plate
  2451. 1:33:44on a spontaneous moment and said look i
  2452. 1:33:47need some help
  2453. 1:33:48help me and he
  2454. 1:33:51he uh he knows i'll help him he's my
  2455. 1:33:54brother
  2456. 1:33:58okay and after your arrest in the
  2457. 1:34:01homicide case did you
  2458. 1:34:03tell detective sullivan that you're not
  2459. 1:34:05going to get a brother
  2460. 1:34:07did you make that well i had an attorney
  2461. 1:34:10once
  2462. 1:34:11i told him the story
  2463. 1:34:16he told me that uh if i would reveal
  2464. 1:34:19everything i knew
  2465. 1:34:20that i could trade that information to
  2466. 1:34:22the state
  2467. 1:34:23and and i wouldn't have to suffer the
  2468. 1:34:25murder charge
  2469. 1:34:28one of the court-appointed attorneys i
  2470. 1:34:30believe it was carlisle but i'm not sure
  2471. 1:34:33but i told carl allen i said no i'm not
  2472. 1:34:36going to get on the stand and testify
  2473. 1:34:38against my brother
  2474. 1:34:39i told sullivan when he took me to the
  2475. 1:34:41jail
  2476. 1:34:42i'm not going to do that i sit here now
  2477. 1:34:45and i tell the story
  2478. 1:34:46yes i do and i will tell the whole story
  2479. 1:34:50but let's say the scenario is
  2480. 1:34:53that that suddenly the state hears this
  2481. 1:34:56and they go arrest him
  2482. 1:35:00i'm not going to get understand and
  2483. 1:35:01testify against him i wouldn't
  2484. 1:35:03give a rat's ass what they do to me that
  2485. 1:35:05ain't going to happen
  2486. 1:35:07i will tell my story and what i did and
  2487. 1:35:10that's as far as i go
  2488. 1:35:11the involvement of my brother well
  2489. 1:35:15that's the reason i put him in the
  2490. 1:35:16confession so when i got the death
  2491. 1:35:19penalty he'd know
  2492. 1:35:24that you were covering for him no that i
  2493. 1:35:26was taking the death sentence for
  2494. 1:35:28him well let me back you up
  2495. 1:35:31you were in jail on that second degree
  2496. 1:35:34felony
  2497. 1:35:35yeah and you got indicted in this case
  2498. 1:35:37right yeah
  2499. 1:35:38and then that second degree felony got
  2500. 1:35:41disposed
  2501. 1:35:42of yeah that lane campbell
  2502. 1:35:46that testified the house she rented next
  2503. 1:35:49door to her
  2504. 1:35:50i told my lawyer that those people hated
  2505. 1:35:52me so much they saved that
  2506. 1:35:54arrest video i knew they had it and i
  2507. 1:35:57told my lawyer i said they'll never
  2508. 1:35:59throw it away they'll save it for a
  2509. 1:36:00souvenir
  2510. 1:36:02a year later when the body was recovered
  2511. 1:36:05yes we came running out with the video
  2512. 1:36:08so your lawyer got the video yeah and
  2513. 1:36:09that's how he got it she had saved it
  2514. 1:36:11for a souvenir
  2515. 1:36:12and then when she seen the body being
  2516. 1:36:14dug up and all the media
  2517. 1:36:15she thought she was hurting me by
  2518. 1:36:17running out and offering the video here
  2519. 1:36:19i have his arrest
  2520. 1:36:20would you like to see when he was
  2521. 1:36:21arrested and what did the video not have
  2522. 1:36:24in it
  2523. 1:36:25the knife standoff it immediately proved
  2524. 1:36:29the cops had lied they had not just
  2525. 1:36:32fabricated a report
  2526. 1:36:33they had written a complete lie a whole
  2527. 1:36:37page
  2528. 1:36:38describing a knife standoff that never
  2529. 1:36:40occurred
  2530. 1:36:41and then what did this man do he put the
  2531. 1:36:43cop on the stand anyway
  2532. 1:36:45and took me into a trial and tried to
  2533. 1:36:46give me 30 years knowing the cop was
  2534. 1:36:49lying
  2535. 1:36:51didn't you name mr rahee mr
  2536. 1:36:54mr tillis just answer the questions yes
  2537. 1:36:56sir
  2538. 1:36:57mr tell us did did you eventually get
  2539. 1:37:00offered time served in that case
  2540. 1:37:02yeah well what happened was i run across
  2541. 1:37:04a guy named james boyle
  2542. 1:37:06well i tell you i was having a hard time
  2543. 1:37:07getting the lawyer to help me
  2544. 1:37:09but but the investigator that i had
  2545. 1:37:11gotten when i was representing myself
  2546. 1:37:13she took a liking to me once she started
  2547. 1:37:15seeing what was going on
  2548. 1:37:17she said i'll help you for nothing you
  2549. 1:37:18don't even have to pay me
  2550. 1:37:21so at that point i run across a guy
  2551. 1:37:25named james boyle he was a public
  2552. 1:37:26defender
  2553. 1:37:28and he come over to the jail i was
  2554. 1:37:29representing myself and he says
  2555. 1:37:31if you relinquish your pro se status and
  2556. 1:37:33let me represent you
  2557. 1:37:35i'll help you i said he talked me into
  2558. 1:37:38it
  2559. 1:37:39i mean the guy he sounds sincere i
  2560. 1:37:42couldn't
  2561. 1:37:43i mean i might be smart and i might know
  2562. 1:37:44a little bit about the law but i'm not a
  2563. 1:37:46litigator i can't come into this
  2564. 1:37:48courtroom and litigate a case
  2565. 1:37:50i mean way over my head so i accepted
  2566. 1:37:52his offer
  2567. 1:37:53so then i told that's when the the body
  2568. 1:37:55was being resumed
  2569. 1:37:57the media jumped off immediate coverage
  2570. 1:38:00and then i tell him i'm telling you
  2571. 1:38:03i told him where the video was of my
  2572. 1:38:05arrest i said if you want to help me in
  2573. 1:38:07the aggravated assault
  2574. 1:38:08go get the video and he told me
  2575. 1:38:11once i get the video they'll take me off
  2576. 1:38:13your case
  2577. 1:38:15and they did the video come up in the
  2578. 1:38:17news the video popped up
  2579. 1:38:18and they removed him from my case the
  2580. 1:38:20public defender's office did
  2581. 1:38:21they didn't want him helping me but what
  2582. 1:38:23happened was
  2583. 1:38:25at that about a month or two after they
  2584. 1:38:27took him off the case
  2585. 1:38:28he went into private practice go figure
  2586. 1:38:31so then i get in an argument with my
  2587. 1:38:33lawyers
  2588. 1:38:34i fired maybe 20 lawyers back to back
  2589. 1:38:37back to back
  2590. 1:38:38i was steady firing them and i was
  2591. 1:38:40catching a hard time from your honor
  2592. 1:38:42brillo there
  2593. 1:38:43terrible hard time but i was firing them
  2594. 1:38:45left and right
  2595. 1:38:47eventually the court appointed
  2596. 1:38:50mr boyle to represent me he left the
  2597. 1:38:52public defender's office went in private
  2598. 1:38:54practice
  2599. 1:38:56and judge bruhler appointed to represent
  2600. 1:38:58me and the guy stuck true to his word he
  2601. 1:39:00helped me he took me into court took me
  2602. 1:39:02into the trial
  2603. 1:39:03but he wasn't a real little a real good
  2604. 1:39:05litigator but the guy had a good heart
  2605. 1:39:07and he was trying to help me
  2606. 1:39:09that was worth a lot so we get a
  2607. 1:39:11mistrial state was withholding evidence
  2608. 1:39:14go figure so anyway we end up with a
  2609. 1:39:17mistrial
  2610. 1:39:18so we scheduled a new trial 30 days away
  2611. 1:39:21but mr mizrahi he was fighting at the
  2612. 1:39:23chunk at the bit there he wanted to
  2613. 1:39:25proceed with the death case
  2614. 1:39:27so he says look we'll just plea out to
  2615. 1:39:30the aggravated assault and we won't use
  2616. 1:39:31it against you during the murder case
  2617. 1:39:33let's just drop it move on into the
  2618. 1:39:34murder
  2619. 1:39:36i was having a hell of a fight so i
  2620. 1:39:38agreed to the deal
  2621. 1:39:40and here i am okay so but the 30 years
  2622. 1:39:43went away
  2623. 1:39:44go figure 30 years went away but but now
  2624. 1:39:47you've confessed to
  2625. 1:39:48a first reporter and sex trafficking
  2626. 1:39:52and human trafficking yeah all that
  2627. 1:39:54stuff right i've done all that yes sir
  2628. 1:39:56okay was any of that stuff really done
  2629. 1:39:58by you well
  2630. 1:40:00it was a hell of a mess you know
  2631. 1:40:03but all right so
  2632. 1:40:07as you're proceeding through the court
  2633. 1:40:09system on the first degree murder case
  2634. 1:40:12you want all your lawyers and i think
  2635. 1:40:13i'm your 12th right
  2636. 1:40:15well i haven't counted but but you're up
  2637. 1:40:17there you're in the digit double digits
  2638. 1:40:19yes sir double digits
  2639. 1:40:20and i've tried to fire you multiple
  2640. 1:40:21times okay yeah
  2641. 1:40:23um there was one person you wanted to be
  2642. 1:40:26brought
  2643. 1:40:26to the courtroom that whole time who was
  2644. 1:40:28that
  2645. 1:40:30sammy evans yeah but see
  2646. 1:40:34the thing was when i was telling my
  2647. 1:40:36lawyers that
  2648. 1:40:37that sammy and i were that he that that
  2649. 1:40:40i was aware that he was wearing the wire
  2650. 1:40:43and that he had none of my lawyers
  2651. 1:40:46believed me
  2652. 1:40:46none of them they kept telling me you're
  2653. 1:40:49nuts mandy
  2654. 1:40:50the dude had a wire on he caught you you
  2655. 1:40:52confessed to a murder
  2656. 1:40:53you're gonna have to wear it you did it
  2657. 1:40:57and i said no you don't understand this
  2658. 1:40:59dude i knew he was wired
  2659. 1:41:00but evans he had a very convincing story
  2660. 1:41:03and he had the police to back him up
  2661. 1:41:05no evans evans recorded him secretly
  2662. 1:41:09even the cops all thought he did so no
  2663. 1:41:11one believed me
  2664. 1:41:12nobody but then again nobody believed me
  2665. 1:41:16the cops were throwing rocks at my house
  2666. 1:41:18but i proved that nobody believed that
  2667. 1:41:20the knife standoff never happened
  2668. 1:41:22but i proved that nobody believed that
  2669. 1:41:25sammy
  2670. 1:41:25was that i knew he was wired nobody
  2671. 1:41:27believed it but i proved that too
  2672. 1:41:30didn't i how did you prove that what'd
  2673. 1:41:33you do
  2674. 1:41:35desperation despair despair and
  2675. 1:41:38desperation
  2676. 1:41:40right i got mad at you because i wanted
  2677. 1:41:43to forge the note i'm wired
  2678. 1:41:45and i wanted you to help me but ethical
  2679. 1:41:47reasons you couldn't do it but i had to
  2680. 1:41:49respect that
  2681. 1:41:50i mean you jeopardized your career
  2682. 1:41:52bringing false information into the
  2683. 1:41:54court and lying to judge brillo
  2684. 1:41:55i really couldn't hold that against you
  2685. 1:41:57i can't do that well yeah right
  2686. 1:41:59so what i did was i filed a motion to
  2687. 1:42:01waive counsel and i kicked him out of
  2688. 1:42:03the way
  2689. 1:42:04i can do it i'm not hold i'm not held to
  2690. 1:42:07any ethical standards in front of this
  2691. 1:42:08judge
  2692. 1:42:10after what i've been through in this
  2693. 1:42:11courtroom i didn't really care
  2694. 1:42:14okay so at that point i was fired right
  2695. 1:42:16yeah you were fired you were stand by
  2696. 1:42:17council you were still present but you
  2697. 1:42:19just
  2698. 1:42:20come to court when you came yeah and
  2699. 1:42:21you'd stand beside me but i was the
  2700. 1:42:23lawyer
  2701. 1:42:24tell the jury what you did so what i did
  2702. 1:42:25was evans had written several letters to
  2703. 1:42:28the police
  2704. 1:42:29begging for assistance as soon as he
  2705. 1:42:32turned in that
  2706. 1:42:33tenth recording he wrote a letter he was
  2707. 1:42:36wanting to get paid
  2708. 1:42:37i'm telling you that man was desperate
  2709. 1:42:40and he was obsessed with getting out
  2710. 1:42:42trading that body for the for the
  2711. 1:42:44assistance and he was begging for it
  2712. 1:42:46but what happens with in a case a
  2713. 1:42:48criminal case is
  2714. 1:42:50if if the state receives some evidence
  2715. 1:42:53they must give it to me so i can examine
  2716. 1:42:55it so they had to give me salmon
  2717. 1:42:58sammy evans letters sammy evans has a
  2718. 1:43:01very distinct handwriting
  2719. 1:43:04so what i did was i took the letter and
  2720. 1:43:06i took some drawing paper that was kind
  2721. 1:43:08of clear
  2722. 1:43:09and i laid it on top of it and i drew a
  2723. 1:43:11grid
  2724. 1:43:13because evan's slant to the left with
  2725. 1:43:16his letters
  2726. 1:43:16a very unusual handwriting
  2727. 1:43:20so once i got the grid drew to
  2728. 1:43:23his handwriting i took the grid and i
  2729. 1:43:26laid a piece of paper over the top of it
  2730. 1:43:28because i remembered i'm wired was
  2731. 1:43:32written right in the middle of the page
  2732. 1:43:34it was only two words i couldn't confuse
  2733. 1:43:36them but they had to look
  2734. 1:43:38good and he had that distinctive
  2735. 1:43:39handwriting so it took me about
  2736. 1:43:42i'm representing myself i'm the lawyer
  2737. 1:43:45so it took me about two weeks so i
  2738. 1:43:48forged the note
  2739. 1:43:49i'm wired and it looked good
  2740. 1:43:53so then now i've got the note i put it
  2741. 1:43:56in an envelope
  2742. 1:43:57now i allege that is the note he gave me
  2743. 1:44:01then i file a motion i need a
  2744. 1:44:03handwriting expert
  2745. 1:44:04because i'm going to put this letter in
  2746. 1:44:07sammy evan's hand
  2747. 1:44:09i need a i need a fingerprint analysis
  2748. 1:44:11expert
  2749. 1:44:12because his fingerprints are on it he
  2750. 1:44:14gave me the note
  2751. 1:44:16but i knew it was forged so i turned my
  2752. 1:44:19emotions into the court just like a
  2753. 1:44:20lawyer
  2754. 1:44:21but what does judge grillo do true to
  2755. 1:44:23his prejudice
  2756. 1:44:24to all pro se litigants he denies all
  2757. 1:44:27the motions
  2758. 1:44:28he won't give them to me had he granted
  2759. 1:44:31the motion for the fingerprint expert
  2760. 1:44:34and and the handwriting expert it would
  2761. 1:44:37have proved the note was
  2762. 1:44:39forgery and i'd have been caught in my
  2763. 1:44:41line
  2764. 1:44:42or my strategic perjury whatever you
  2765. 1:44:44want to call it
  2766. 1:44:46so but judge brillo he played right into
  2767. 1:44:49the prejudice
  2768. 1:44:50i'm not granting any of your emotions mr
  2769. 1:44:52tillis this is what we're going to do
  2770. 1:44:54we're going to photograph this note and
  2771. 1:44:57we're going to show it to sammy evans
  2772. 1:44:59and we're going to give him the
  2773. 1:45:00opportunity to either deny
  2774. 1:45:03or admit writing the note so i made a
  2775. 1:45:06big fanfare
  2776. 1:45:07out of this note in the courtroom and it
  2777. 1:45:10was a big drama scene
  2778. 1:45:11and i lay the note on the table and mr
  2779. 1:45:13mizrahi photographs it
  2780. 1:45:16and he takes it to sammy evans and he
  2781. 1:45:18shows evans the photograph and what
  2782. 1:45:20happens
  2783. 1:45:21sammy evan's conscience begins working
  2784. 1:45:23on him
  2785. 1:45:24he knows he wrote the note he knows the
  2786. 1:45:26truth
  2787. 1:45:28now is now his lawyer's telling him look
  2788. 1:45:31if you wrote the note
  2789. 1:45:32this guy's fixing to get a fingerprint
  2790. 1:45:34expert if your fingerprints are on that
  2791. 1:45:35note boy you're in trouble
  2792. 1:45:37now his conscience is working on him
  2793. 1:45:39pretty good so what does he do
  2794. 1:45:41he admits to writing the note he admits
  2795. 1:45:44to some of the truth but you got to
  2796. 1:45:47understand
  2797. 1:45:48sammy evans has already got partial
  2798. 1:45:51payment
  2799. 1:45:52for his assistance for his bo for giving
  2800. 1:45:55the state the body
  2801. 1:45:56he has already received partial
  2802. 1:45:59assistance
  2803. 1:46:01sustained okay so anyway
  2804. 1:46:06so so now evans admits yeah yeah he
  2805. 1:46:09admits
  2806. 1:46:10he admits to writing it but he won't he
  2807. 1:46:12won't admit to the whole truth
  2808. 1:46:14i mean he's he's been caught in a lie
  2809. 1:46:17he's he's deceived the police he's
  2810. 1:46:19deceived the state
  2811. 1:46:20he's he's been seeking assistance he's
  2812. 1:46:22written letters
  2813. 1:46:23and now and now he's got to stand up and
  2814. 1:46:26he's got to say
  2815. 1:46:27yeah okay i lied i mean it's a pretty
  2816. 1:46:29bad moment
  2817. 1:46:30but now i'm still the lawyer okay i'm
  2818. 1:46:33still representing myself and mr
  2819. 1:46:35fletcher is a standby council
  2820. 1:46:37so what do i do then i file a motion i
  2821. 1:46:40want to take mr evans deposition
  2822. 1:46:42so i have the state attorney bring mr
  2823. 1:46:44evans to the state attorney's office and
  2824. 1:46:46he sits across the table from me
  2825. 1:46:47and i am the lawyer i take his
  2826. 1:46:50deposition
  2827. 1:46:51whereupon he admits yeah i wrote the
  2828. 1:46:54note
  2829. 1:46:55yeah i lied to the police he tells some
  2830. 1:46:58of the truth
  2831. 1:46:59but he's grudgingly holding on to all
  2832. 1:47:02other parts
  2833. 1:47:03he won't relinquish them but he knows
  2834. 1:47:06he knows the truth okay mr um
  2835. 1:47:10mr tillis did you murder jody gunter
  2836. 1:47:12absolutely not
  2837. 1:47:14thank you sir that's all i have okay
  2838. 1:47:20cross-examination
  2839. 1:47:34oh
  2840. 1:47:59mr tillis to begin i want to make sure
  2841. 1:48:01that we're clear about
  2842. 1:48:03have you ever been convicted of a felony
  2843. 1:48:06yes sir
  2844. 1:48:07and that the number was 14 correct yeah
  2845. 1:48:09i believe that with the number yes sir
  2846. 1:48:11okay you know it's the number yeah okay
  2847. 1:48:15and you have been convicted of a crime
  2848. 1:48:17involving dishonesty or false statement
  2849. 1:48:19correct
  2850. 1:48:19yes sir i believe i have one of those
  2851. 1:48:21okay and in this very case
  2852. 1:48:24just a few minutes ago you coined the
  2853. 1:48:28phrase
  2854. 1:48:29strategic perjury
  2855. 1:48:32what does that mean to you that means
  2856. 1:48:36when you're facing death
  2857. 1:48:37and you know that this man is going to
  2858. 1:48:39go in front of a jury and lie to the
  2859. 1:48:41jury and get you a death penalty
  2860. 1:48:43because he's written it in the letter to
  2861. 1:48:45the cops
  2862. 1:48:46i'll testify against mr tillis he was
  2863. 1:48:48telling the detective
  2864. 1:48:49i'll go into the courtroom and i'll lie
  2865. 1:48:51and i'll get mr tillis a death penalty
  2866. 1:48:55so despair despair depression
  2867. 1:48:58desperation i strategically purge
  2868. 1:49:01myself i forge a note and i trick him to
  2869. 1:49:04tell the truth
  2870. 1:49:05i did that right you will
  2871. 1:49:09perjure yourself when strategically
  2872. 1:49:13it benefits you correct i think when the
  2873. 1:49:17truth is involved
  2874. 1:49:18all means are all means are on mr tillis
  2875. 1:49:22when the truth is involved
  2876. 1:49:24lying is what is necessary is that what
  2877. 1:49:28you're saying
  2878. 1:49:30no that is not what i'm saying mr tillis
  2879. 1:49:33you have the greatest interest of any
  2880. 1:49:35witness in how this case is decided
  2881. 1:49:36correct
  2882. 1:49:39to be honest with you i don't really
  2883. 1:49:42care about the death penalty mr marahi
  2884. 1:49:44okay uh where are you
  2885. 1:49:48my testimony isn't about that
  2886. 1:49:52okay so you as you sit here today you
  2887. 1:49:54have no care in the world whether this
  2888. 1:49:56jury convicts you or not
  2889. 1:49:58i trust fate okay faith
  2890. 1:50:01well which to be supposed to be my
  2891. 1:50:03testimony isn't about me eluding the
  2892. 1:50:05death penalty that's really not what
  2893. 1:50:06this is about right now
  2894. 1:50:09okay it's about strategic perjury no
  2895. 1:50:12now your statements on the wire would
  2896. 1:50:15convict you of all four charges correct
  2897. 1:50:20my statement on the wire can do what
  2898. 1:50:22would
  2899. 1:50:23be enough to convict you of first-degree
  2900. 1:50:25murder
  2901. 1:50:26kidnapping human trafficking and abuse
  2902. 1:50:29of a dead human body correct
  2903. 1:50:31well there's a there's a case law
  2904. 1:50:32doctrine called corpus delecti
  2905. 1:50:34i don't believe you've ever proved the
  2906. 1:50:36body of the kidnapping or the human
  2907. 1:50:38trafficking
  2908. 1:50:39you didn't hear the testimony about
  2909. 1:50:41johnny gunther's uh dismembered body
  2910. 1:50:43just
  2911. 1:50:44by the medical examiner how does
  2912. 1:50:45dismembered body how is that the body of
  2913. 1:50:48a kidnapping
  2914. 1:50:49you're telling me joanie gunder's
  2915. 1:50:50remains constitutes a kidnapping
  2916. 1:50:53i don't understand that one let me ask
  2917. 1:50:55this one at a time you would agree
  2918. 1:50:57that if what you said on the liar is
  2919. 1:50:59true you're guilty of first-degree
  2920. 1:51:01murder correct
  2921. 1:51:04if i said well if what you said
  2922. 1:51:07to sammy evans is true you're guilty of
  2923. 1:51:11first-degree murder correct
  2924. 1:51:13if what i said to him is true it wasn't
  2925. 1:51:15true
  2926. 1:51:17i understand that okay i'm giving you a
  2927. 1:51:20hypothetical
  2928. 1:51:21hypothetical situation if it was true
  2929. 1:51:23yes i would be subject to that
  2930. 1:51:26if hypothetically if what you said is
  2931. 1:51:28true you'd be guilty of kidnapping
  2932. 1:51:29correct
  2933. 1:51:33if yes sir apathetically if what you
  2934. 1:51:36said was true you would be guilty of
  2935. 1:51:38human trafficking
  2936. 1:51:39yes sir yes sir hypothetically if what
  2937. 1:51:42you said was true
  2938. 1:51:43you would be guilty of abusing a dead
  2939. 1:51:45human body yes sir correct yes sir i'll
  2940. 1:51:48give you that
  2941. 1:51:50so i want to go through and discuss with
  2942. 1:51:52you all the truth
  2943. 1:51:54that exists in that recorded statement
  2944. 1:51:56okay
  2945. 1:51:58well that may be a problem because i
  2946. 1:51:59don't remember all of what's in the
  2947. 1:52:01statement it's rather
  2948. 1:52:02worried mr tillis i remember we we got
  2949. 1:52:04it recorded so we'll just go through it
  2950. 1:52:06i think this will be really easy for us
  2951. 1:52:07okay
  2952. 1:52:08all right i'll try to your address that
  2953. 1:52:11you
  2954. 1:52:11lived at 3 5 5 1 circle east was true
  2955. 1:52:15correct yeah that was true
  2956. 1:52:16and you lived there correct yes sir that
  2957. 1:52:18was true then the main part of the house
  2958. 1:52:20at least for getting the trail apart you
  2959. 1:52:22live there alone
  2960. 1:52:22correct uh yeah
  2961. 1:52:26yeah i say that okay and your house was
  2962. 1:52:28scheduled to be
  2963. 1:52:30condemned and demolished correct
  2964. 1:52:33i don't think it had been scheduled at
  2965. 1:52:34that time but you're right it was not
  2966. 1:52:37scheduled
  2967. 1:52:37it had been condemned and at some point
  2968. 1:52:39it was going to be demolished
  2969. 1:52:41well the condemned notice had been hung
  2970. 1:52:43on the fence but the uh
  2971. 1:52:45scheduled demolition not to my knowledge
  2972. 1:52:48you knew that it was possible that based
  2973. 1:52:51on the
  2974. 1:52:52condemned notice that your house would
  2975. 1:52:53be demolished well there's always a
  2976. 1:52:55possibility
  2977. 1:52:56right and that's what you were talking
  2978. 1:52:58about on the wire
  2979. 1:53:00yes sir it was a prelude to introduce
  2980. 1:53:03the statement
  2981. 1:53:04i understand it was a prelude but it was
  2982. 1:53:06a true prelude yes sir
  2983. 1:53:08yes sir is the answer right okay well i
  2984. 1:53:10did know that the place was condemned
  2985. 1:53:11and it was possible to
  2986. 1:53:12be scheduled for deposition to
  2987. 1:53:14demolition because of the
  2988. 1:53:16condemned notice yes sir okay it is true
  2989. 1:53:18that you have had multiple problems with
  2990. 1:53:21all of your neighbors correct i believe
  2991. 1:53:23that's rather evident from the record
  2992. 1:53:25and you talk about that on your wire
  2993. 1:53:26correct yes sir okay
  2994. 1:53:28it's true that you would operate your
  2995. 1:53:30power equipment like saws
  2996. 1:53:32at night correct no it's true you would
  2997. 1:53:35operate your power washer at all times
  2998. 1:53:37during the day and night correct
  2999. 1:53:39no it's true that noises would be coming
  3000. 1:53:42out of your house late at night correct
  3001. 1:53:45well i don't know what you consider
  3002. 1:53:46noises slamming the door
  3003. 1:53:49no that was that's not true all that's
  3004. 1:53:51fabrication
  3005. 1:53:52pretty much all of it yes sir
  3006. 1:53:56you did hang large tarps
  3007. 1:53:59surrounding your entire property correct
  3008. 1:54:01yes sir i had
  3009. 1:54:02was that to keep out the burglars no
  3010. 1:54:05that was keep the uh
  3011. 1:54:07keep the neighbors from uh the
  3012. 1:54:09harassment
  3013. 1:54:10one on one side of me the neighbor was
  3014. 1:54:13so obsessed that he mounted his security
  3015. 1:54:15cameras on top of the telephone pole
  3016. 1:54:17so he could watch me over the fence your
  3017. 1:54:20tarps were there
  3018. 1:54:22to conceal what you were doing
  3019. 1:54:26in that house correct how do the tarps
  3020. 1:54:29in the yard have anything to do with
  3021. 1:54:30what i'm doing in the house
  3022. 1:54:32yes or no mr tillis no that's not why
  3023. 1:54:34they were there
  3024. 1:54:35mr tillis it is true that you owned a
  3025. 1:54:38sawzall
  3026. 1:54:39reciprocating saw during this time
  3027. 1:54:41period correct
  3028. 1:54:42actually i own multiple multiple ones
  3029. 1:54:44multiple skill saws multiple chainsaws
  3030. 1:54:46the reason they aren't in the
  3031. 1:54:48photographs of the garage is because
  3032. 1:54:50someone went in there and stole my truck
  3033. 1:54:51and all my tools
  3034. 1:54:52during the first week i was in jail that
  3035. 1:54:54garage was full of tools
  3036. 1:54:56probably had thirty thousand dollars
  3037. 1:54:58with the hand tools i owned a home
  3038. 1:54:59improvement business at one point
  3039. 1:55:01and the tools were left over i had
  3040. 1:55:02multiple saws multiple sawzalls
  3041. 1:55:05all pretty much any sort of home repair
  3042. 1:55:08tool that you
  3043. 1:55:09would need to work on your house okay
  3044. 1:55:11and you had
  3045. 1:55:12multiple sawzall blades correct yes
  3046. 1:55:15okay and you had lots of wetlands and
  3047. 1:55:18woods that were just down the street
  3048. 1:55:20from your house correct
  3049. 1:55:23yes sir right hottsburgh creek right
  3050. 1:55:26well the area's not that big but there
  3051. 1:55:27is some there is a
  3052. 1:55:28there is a three lake called morgan lake
  3053. 1:55:30down there three lakes joining i was
  3054. 1:55:32been fishing in that lake since i was
  3055. 1:55:33five years old
  3056. 1:55:34you know it well yes sir i do and
  3057. 1:55:37hypothetically mr tillis if you were to
  3058. 1:55:40hide
  3059. 1:55:40something there a body child dismembered
  3060. 1:55:42bodies in there
  3061. 1:55:43it would be hard to find correct i think
  3062. 1:55:46it would be even harder to get the body
  3063. 1:55:48down there
  3064. 1:55:49if you chopped it up and stuck it in the
  3065. 1:55:51backpack and biked your way down there
  3066. 1:55:53and dug it up
  3067. 1:55:54and came out of the woods with a shovel
  3068. 1:55:55would it mr tillis well
  3069. 1:55:58and here you tell it i mean i guess not
  3070. 1:56:00no no it's how you tell it
  3071. 1:56:02not how i tell it these are your words
  3072. 1:56:04mr tillis my words on the recording
  3073. 1:56:06you're right
  3074. 1:56:06yes sir yes mr tillis you do have chains
  3075. 1:56:09hanging in your garage correct
  3076. 1:56:11yes sir and it would be consistent with
  3077. 1:56:13what you said
  3078. 1:56:14to sami evans that you would hang
  3079. 1:56:18your victims to dismember them correct
  3080. 1:56:24i don't know if i stated that in that
  3081. 1:56:26particular language but
  3082. 1:56:27i would i would concede that yes those
  3083. 1:56:30chains in the ceiling that were used for
  3084. 1:56:32pulling motors out of cars
  3085. 1:56:33they could be used for anything they
  3086. 1:56:36were stationary chains that were never
  3087. 1:56:38taken down and never putting up
  3088. 1:56:39they just stayed there all the time well
  3089. 1:56:41certainly you're not going to pull the
  3090. 1:56:42motor out of the car from the chain
  3091. 1:56:44that's just hanging down
  3092. 1:56:46a little bit right there had to be
  3093. 1:56:47another chain that would get lower
  3094. 1:56:49so you could pull out a motor right
  3095. 1:56:50generally it was a come along okay
  3096. 1:56:52but we didn't see those no no you didn't
  3097. 1:56:54have it stolen with the sawzall
  3098. 1:56:57i don't know if they were still in the
  3099. 1:56:58garage or whether they were taken i
  3100. 1:56:59haven't been out to go
  3101. 1:57:00inspect the garage i understand but
  3102. 1:57:02there were there were come alongs in the
  3103. 1:57:04garage
  3104. 1:57:04okay i will say that i would agree that
  3105. 1:57:06your garage had plenty of room
  3106. 1:57:10to be able to complete the task of
  3107. 1:57:12dismemberment of a body correct
  3108. 1:57:14it was a facility that could be used for
  3109. 1:57:15that yes sir facility that was your
  3110. 1:57:17that was your word right yes sir a
  3111. 1:57:19facility a building a facility
  3112. 1:57:22now you would agree that you know a lot
  3113. 1:57:26of women
  3114. 1:57:27um on drugs and they prostitute
  3115. 1:57:29themselves correct
  3116. 1:57:30well i grew up in that area most of them
  3117. 1:57:32i know their mothers and their brothers
  3118. 1:57:33and their families
  3119. 1:57:34okay and you had a lot of their
  3120. 1:57:36paperwork in your house
  3121. 1:57:39correct well that paperwork in the house
  3122. 1:57:41wasn't
  3123. 1:57:42just from that i also wrote pen pals in
  3124. 1:57:45prison
  3125. 1:57:46as you s as you stated or one of the
  3126. 1:57:48witnesses stated i believe
  3127. 1:57:50that uh it might have been detective
  3128. 1:57:51sullivan that there were
  3129. 1:57:53uh information from girls that were
  3130. 1:57:56incarcerated
  3131. 1:57:57they were in prison i wrote them because
  3132. 1:58:00when you're in jail and you don't get no
  3133. 1:58:01mail you don't have no money
  3134. 1:58:03i kind of know what that feels like so i
  3135. 1:58:05would go to the internet i would
  3136. 1:58:07go into the pen pal list and i'd pick a
  3137. 1:58:09couple and i
  3138. 1:58:10i wrote them i'd send them a few dollars
  3139. 1:58:12and many of those names
  3140. 1:58:14were associated with that they were
  3141. 1:58:17people that were incarcerated
  3142. 1:58:18some of them were never getting out
  3143. 1:58:22so um
  3144. 1:58:26you knew i'm going to go through some of
  3145. 1:58:27the names of the people that were in
  3146. 1:58:29your house okay
  3147. 1:58:30okay mr tell us because in your wire you
  3148. 1:58:33describe
  3149. 1:58:34how you would pick up these girls
  3150. 1:58:38phillips highway
  3151. 1:58:39you know get them back to your house and
  3152. 1:58:41then you would do all the things you
  3153. 1:58:42said you would do about human
  3154. 1:58:43trafficking yes sir
  3155. 1:58:44okay so i want to talk about these girls
  3156. 1:58:47these are some of the girls that maybe
  3157. 1:58:48you met on phillips highway okay
  3158. 1:58:50christina habib h-a-b-e-e-d
  3159. 1:58:55a prostitute when you met she met you at
  3160. 1:58:58the bp station on phillips highway
  3161. 1:59:00to engage in sex acts okay you know her
  3162. 1:59:05i don't know refresh my memory i'm sorry
  3163. 1:59:07say that refresh my memory
  3164. 1:59:11she said that she willingly got in your
  3165. 1:59:13car and then drove off to saint
  3166. 1:59:14augustine
  3167. 1:59:15where you became aggressive with her
  3168. 1:59:18state that again i missed that sir it
  3169. 1:59:21doesn't matter
  3170. 1:59:22so you're not sure if you know her or
  3171. 1:59:23not well if you refresh my memory it may
  3172. 1:59:26it may jog my memory
  3173. 1:59:28i mean sometimes my memory's a little
  3174. 1:59:30bad but i mean it's not real bad
  3175. 1:59:32sometimes a little jog would would help
  3176. 1:59:34me
  3177. 1:59:35probably not because i don't know
  3178. 1:59:44i i was thinking maybe you had some sort
  3179. 1:59:46of paperwork you wanted to
  3180. 1:59:47address that might i don't know
  3181. 1:59:53generally if if the if i don't know the
  3182. 1:59:56girl's family or a brother or
  3183. 1:59:58father or a mother or know her from some
  3184. 2:00:01uh other source
  3185. 2:00:04they those those girls generally go by
  3186. 2:00:06names that are just street names
  3187. 2:00:08and they're i wouldn't recognize the
  3188. 2:00:11name you know what i mean
  3189. 2:00:24no she doesn't look familiar nothing i
  3190. 2:00:27recall
  3191. 2:00:35okay we'll go through another one
  3192. 2:00:39danielle goodwood you know her
  3193. 2:00:42you picked her up at a bus stop
  3194. 2:00:4516th in main street where you have your
  3195. 2:00:47little shop
  3196. 2:00:50what about her no it doesn't ring a bell
  3197. 2:00:53do you remember the year
  3198. 2:00:54sure 2016. 16.
  3199. 2:00:57i'm sorry that's when we spoke to her
  3200. 2:00:59that's the wrong year i'll have the year
  3201. 2:01:00in front of me
  3202. 2:01:01you say i wasn't i don't i don't
  3203. 2:01:04remember the name
  3204. 2:01:08how about uh contessa lerner
  3205. 2:01:11f-l-e-n-e-r okay there's a test station
  3206. 2:01:14on san juan avenue
  3207. 2:01:15the test is a pretty a pretty unusual
  3208. 2:01:18name i
  3209. 2:01:19would seem like i would recall that but
  3210. 2:01:20i don't okay
  3211. 2:01:22what about brittany proctor
  3212. 2:01:25moving gas at smokers express on bay
  3213. 2:01:27meadows
  3214. 2:01:30no i don't
  3215. 2:01:33what about alyssa webber she knew you
  3216. 2:01:36was rusty
  3217. 2:01:39no nothing well if she's using the name
  3218. 2:01:42rusty
  3219. 2:01:42then it could be a childhood because
  3220. 2:01:44that was a nickname that i
  3221. 2:01:45abandoned probably in my early 20s since
  3222. 2:01:482021
  3223. 2:01:50no one's called me that people call me
  3224. 2:01:52russell now
  3225. 2:01:53so that probably is a very old if she's
  3226. 2:01:56addressing me by that particular name
  3227. 2:01:59well she but she was working probably in
  3228. 2:02:012014
  3229. 2:02:03as a prostitute off phillips highway
  3230. 2:02:05remember anything about that
  3231. 2:02:06no she wouldn't be calling me rusty at
  3232. 2:02:07that time i was
  3233. 2:02:09julie ann williams yeah i knew her
  3234. 2:02:11father you know her right
  3235. 2:02:12i knew her father she was working as a
  3236. 2:02:14prostitute too in the mayport area when
  3237. 2:02:16you picked her up right um
  3238. 2:02:20yeah i believe so i knew i i worked with
  3239. 2:02:22her father one time
  3240. 2:02:23and uh he worked he lived over there on
  3241. 2:02:25the trailer park on beach boulevard
  3242. 2:02:28by maybe right at st john's bluff and
  3243. 2:02:30beach that went dixie
  3244. 2:02:32there was a trailer park in there ronnie
  3245. 2:02:33was his name i think she actually stayed
  3246. 2:02:35with you right
  3247. 2:02:36off and on she would come there back and
  3248. 2:02:37forth
  3249. 2:02:39until she got away so she got away until
  3250. 2:02:42she fled out of a window
  3251. 2:02:44remember that i don't recall that
  3252. 2:02:46incident no how about michelle pierce
  3253. 2:02:50i believe she's deceased you have
  3254. 2:02:53anything to do with that
  3255. 2:02:55i was in jail no i know you didn't
  3256. 2:02:58um miss pierce said that um that she
  3257. 2:03:01lived with you stayed with you for time
  3258. 2:03:02too
  3259. 2:03:03hold on hold on um
  3260. 2:03:06[Music]
  3261. 2:03:08sure members of the jury
  3262. 2:03:11uh i think i've already told you this uh
  3263. 2:03:14once before in the pre-covet era
  3264. 2:03:17an attorney asking to approach would be
  3265. 2:03:19a simple matter we just come up here and
  3266. 2:03:20we'd all huddle together
  3267. 2:03:23they don't like me to do that these days
  3268. 2:03:25so to keep everybody socially distant
  3269. 2:03:27i'm going to need
  3270. 2:03:28the jury to exit the courtroom for just
  3271. 2:03:30a few moments remember do not discuss
  3272. 2:03:32the case
  3273. 2:04:00karen just stopped working by the way
  3274. 2:04:02but we'll we'll deal with it in a second
  3275. 2:04:04you want me to go
  3276. 2:04:05sit over here stay where you are
  3277. 2:04:13okay jerry has left the courtroom mr
  3278. 2:04:22fletcher
  3279. 2:04:40how did
  3280. 2:04:52state first of all the state did file
  3281. 2:04:54notice on all of these and it was part
  3282. 2:04:55of the news i will concede
  3283. 2:04:57um that the state in its case in chief
  3284. 2:05:00was only going to present one
  3285. 2:05:03of these witnesses i believe the defense
  3286. 2:05:04has opened the door how do they open the
  3287. 2:05:07door
  3288. 2:05:07they open the door by indicating that
  3289. 2:05:09this wire is false and he's talking
  3290. 2:05:11about all these different women
  3291. 2:05:13there were prostitutes and drug addicts
  3292. 2:05:15in this house and i'm trying to
  3293. 2:05:17corroborate that that is a true fact
  3294. 2:05:19by asking the defendant if he had
  3295. 2:05:20prostitutes and drug addicts in and out
  3296. 2:05:22of his house
  3297. 2:05:23during this period of time i have in
  3298. 2:05:25every single case moved on
  3299. 2:05:27once he either stops asking me for more
  3300. 2:05:30information
  3301. 2:05:30or denies it okay well
  3302. 2:05:35i'm going to sustain the objection in
  3303. 2:05:36part and overrule the objection in part
  3304. 2:05:38i think the state
  3305. 2:05:39is allowed to ask the
  3306. 2:05:43defendant if he knows these women the
  3307. 2:05:46circumstances under which he knows these
  3308. 2:05:48women
  3309. 2:05:49the um and if he needs to have his
  3310. 2:05:52memory refreshed i think
  3311. 2:05:54as the state did with at least one of
  3312. 2:05:57them
  3313. 2:05:58uh but it's at this point it's
  3314. 2:06:01impeachment on a collateral matter which
  3315. 2:06:04the state is required to accept the
  3316. 2:06:06defendant's answer
  3317. 2:06:07uh and move on so i think
  3318. 2:06:11the door has been opened to that extent
  3319. 2:06:12that the state is allowed to ask
  3320. 2:06:14the defendant how he may know the
  3321. 2:06:17witness
  3322. 2:06:18and what the experiences were
  3323. 2:06:21and just leave it at that and move on
  3324. 2:06:23court's not ruling whether it's
  3325. 2:06:25potentially admissible in rebuttal
  3326. 2:06:28or what have you but that's where we're
  3327. 2:06:42at
  3328. 2:06:49well if he and this is where i'm
  3329. 2:06:52sustaining the objection in part if he
  3330. 2:06:54asked the witness
  3331. 2:06:55if he asked the witness in this case the
  3332. 2:06:56defendant
  3333. 2:06:58how he knows the person if he doesn't
  3334. 2:07:00know them
  3335. 2:07:02then that's the end of it you can't say
  3336. 2:07:03well you don't if he says i don't know
  3337. 2:07:05him i suppose
  3338. 2:07:08if there's some issue of refreshing the
  3339. 2:07:10memory as a person who flew out the
  3340. 2:07:12window something like that
  3341. 2:07:13but for the most part if if he's got to
  3342. 2:07:15take the witness
  3343. 2:07:17at the answer and that's the end of it
  3344. 2:07:20so
  3345. 2:07:23i mean if there's an agreement that they
  3346. 2:07:25know that they know each other then at
  3347. 2:07:27that point
  3348. 2:07:27they may be allowed to go a little
  3349. 2:07:28further he says he doesn't know and
  3350. 2:07:31that's the end of it
  3351. 2:07:36well i'll rule on that at the time but
  3352. 2:07:39that's i haven't been faced with that
  3353. 2:07:40issue i do think the defense has opened
  3354. 2:07:42the door though to the circumstances
  3355. 2:07:44behind him knowing these other women
  3356. 2:07:46and and
  3357. 2:07:49and what the circumstances were of the
  3358. 2:07:53knowing i mean look at this point of the
  3359. 2:07:56trial
  3360. 2:07:57and this began with the defense jury
  3361. 2:07:59selection
  3362. 2:08:01seems to me that all cards were on the
  3363. 2:08:03table the defense
  3364. 2:08:05basically you can call it a hypothetical
  3365. 2:08:07you can say whatever you want but the
  3366. 2:08:08defense
  3367. 2:08:09in their jury selection put forth
  3368. 2:08:12evidence of the defendant's prior bad
  3369. 2:08:14acts including violent
  3370. 2:08:16sexual acts that's been there now that's
  3371. 2:08:18not evidence
  3372. 2:08:19but then continuing with the
  3373. 2:08:23clear defense in this case including the
  3374. 2:08:25defendant's testimony here
  3375. 2:08:28i think that has opened the door so i
  3376. 2:08:29think my ruling is clear
  3377. 2:08:31if he doesn't it's impeachment on a
  3378. 2:08:33collateral matter state has to accept
  3379. 2:08:35the defendant's answer
  3380. 2:08:36and move on all right
  3381. 2:08:40may i consult with mike no not in the
  3382. 2:08:42middle of your cross examination no sir
  3383. 2:08:44you may not
  3384. 2:08:45bring the jury back in
  3385. 2:08:53yeah it just stopped i don't know why
  3386. 2:08:59it's it's not a big deal because i can
  3387. 2:09:00see over your shoulders and
  3388. 2:09:02i don't want you to spend a lot of time
  3389. 2:09:03working on it
  3390. 2:09:06yeah i know i can see it but if i need
  3391. 2:09:07to i can see it over your shoulder
  3392. 2:09:10hold on before you bring the durian
  3393. 2:09:15yes sir
  3394. 2:09:30um
  3395. 2:09:36well your motion for mistrial is denied
  3396. 2:09:38i don't think there's been anything
  3397. 2:09:39objection
  3398. 2:09:40objectionable to this point that hasn't
  3399. 2:09:44been it's either been overruled by the
  3400. 2:09:47court or sustained by the court as i saw
  3401. 2:09:49appropriate
  3402. 2:09:50uh i don't think the jury has heard
  3403. 2:09:52anything that was
  3404. 2:09:53unduly prejudicial let's put that away
  3405. 2:09:58okay let's bring him in
  3406. 2:10:46okay thank you you may be seated
  3407. 2:10:50state you may continue
  3408. 2:10:54they please the court yes sir i just
  3409. 2:10:56want to talk about a couple more
  3410. 2:10:58uh kimberly bowling i think she dated
  3411. 2:11:00you for about six weeks in 2013.
  3412. 2:11:03no sir i'm not familiar with that person
  3413. 2:11:06neither on belford road nothing
  3414. 2:11:07no sir i'm not familiar with that person
  3415. 2:11:09how about her own daughter ashley
  3416. 2:11:10fleming
  3417. 2:11:11i'm not familiar with that person your
  3418. 2:11:13honor and how about
  3419. 2:11:15jessica summerlin no sir i'm not
  3420. 2:11:17familiar with that person
  3421. 2:11:28i want to talk for a second
  3422. 2:11:33about um
  3423. 2:11:38the uh police officer case all right i
  3424. 2:11:40think you were clear on direct but i
  3425. 2:11:42want to make it very clear
  3426. 2:11:43yes sir that that you pled
  3427. 2:11:47because the state wanted to get forward
  3428. 2:11:49on this case correct
  3429. 2:11:51that's why the negotiation happened well
  3430. 2:11:53the best of my recollection
  3431. 2:11:55leo hogg was prosecuting the case and
  3432. 2:11:57you were just yesterday
  3433. 2:11:59yes sir that's exactly what you did
  3434. 2:12:02and you pled to it was it was well over
  3435. 2:12:05two years of time
  3436. 2:12:06served right you probably know the
  3437. 2:12:07number of days i don't remember the days
  3438. 2:12:09but
  3439. 2:12:09i would assume that you're correct
  3440. 2:12:11because
  3441. 2:12:12it was at least at least a year a year
  3442. 2:12:14and a half yeah you played gilly
  3443. 2:12:16guilty to the felony battery of a law
  3444. 2:12:18enforcement officer i believe that was
  3445. 2:12:20the final charge it was reduced down in
  3446. 2:12:21on the agreement that it would just uh
  3447. 2:12:23go away if you plead to it and it
  3448. 2:12:25wouldn't be used in this case
  3449. 2:12:26but i see now that it is i don't want to
  3450. 2:12:29debate you about that yeah
  3451. 2:12:30you're the one that brought it all up
  3452. 2:12:32sir i did okay
  3453. 2:12:34so um
  3454. 2:12:44when you were discussing with um
  3455. 2:12:48your defense attorney the idea of sammy
  3456. 2:12:50evans intimidating you
  3457. 2:12:52i i missed i missed the last part i was
  3458. 2:12:54just jimmy evans intimidating you
  3459. 2:12:56remember
  3460. 2:12:56yes sir okay you would agree that sammy
  3461. 2:12:59evans
  3462. 2:13:00um is a big fella he's tall he's much
  3463. 2:13:04taller than you right
  3464. 2:13:06he's a little bigger than me yes sir he
  3465. 2:13:08would be good a good person to know in
  3466. 2:13:10jail to protect you
  3467. 2:13:11correct well
  3468. 2:13:14i don't think that would be true he
  3469. 2:13:17wouldn't protect you
  3470. 2:13:18no sir you weren't friends with him
  3471. 2:13:22i was an associate with him in regards
  3472. 2:13:25to
  3473. 2:13:25uh trading legal advice
  3474. 2:13:29until i became associated with him with
  3475. 2:13:31the fabrication of that
  3476. 2:13:32confession and then it manifested into
  3477. 2:13:36him pursuing his own agenda and getting
  3478. 2:13:39that wire
  3479. 2:13:40and which manifested into me being in a
  3480. 2:13:43cell and being coerced into that
  3481. 2:13:45confession with a lot of complicating
  3482. 2:13:48mitigating factors of depression and
  3483. 2:13:49despair
  3484. 2:13:50and so it gets real complicated but i
  3485. 2:13:52wouldn't say that i was a friend of
  3486. 2:13:53stephanie evans
  3487. 2:13:54absolutely not you just played chess
  3488. 2:13:56with him
  3489. 2:13:58actually i didn't do that much either he
  3490. 2:14:01took me out to that chess table
  3491. 2:14:02as an extension of that interrogation
  3492. 2:14:06you used a phrase mr tillis that when
  3493. 2:14:09sammy was trying to get you to talk
  3494. 2:14:12you told him no he said that no means no
  3495. 2:14:14right
  3496. 2:14:15well when he took me into the cell and
  3497. 2:14:17he showed me that pre-wrote note
  3498. 2:14:19and i took the pad and he found the
  3499. 2:14:21pencil and he gave it to me
  3500. 2:14:22i wrote on there i told you no i gave
  3501. 2:14:24the pad back to him i had told him
  3502. 2:14:26previously that i wanted to to uh
  3503. 2:14:30recant my decision about the police
  3504. 2:14:33because
  3505. 2:14:34i feared that the police would never
  3506. 2:14:36give him a recording device and let him
  3507. 2:14:37loose inside that jail like that
  3508. 2:14:39that was that kind of shocked me so mr
  3509. 2:14:41tillis my question
  3510. 2:14:42is in your mind when you say no that
  3511. 2:14:45means no right
  3512. 2:14:47well it depends okay depends
  3513. 2:14:50you have a loose meaning of the word no
  3514. 2:14:52well as you as my
  3515. 2:14:54attorney can can testify to
  3516. 2:14:58one inside that jail is an emotional
  3517. 2:15:00roller coaster up and down
  3518. 2:15:02one minute you might say no because the
  3519. 2:15:03circumstances weren't no
  3520. 2:15:05but you might in another situation for
  3521. 2:15:08the same response
  3522. 2:15:09want to do a yes it's it's an emotional
  3523. 2:15:12rollercoaster ride and you put despair
  3524. 2:15:14depression
  3525. 2:15:15circumstances a no may turn into a yes
  3526. 2:15:18or a yes may turn into a no
  3527. 2:15:20and one thing i do i mean
  3528. 2:15:23i i concede that sometimes they knows
  3529. 2:15:26turn into yeses and yes it's turned into
  3530. 2:15:28no's
  3531. 2:15:29i i you know man i'm only human
  3532. 2:15:34yeah um
  3533. 2:15:37i want to understand your motive because
  3534. 2:15:38you've testified
  3535. 2:15:41that at one time you
  3536. 2:15:44want you were so despondent
  3537. 2:15:47that your plan
  3538. 2:15:50was to commit suicide
  3539. 2:15:54by confessing to a murder
  3540. 2:15:58correct it's called suicide by state
  3541. 2:16:01suicide well
  3542. 2:16:02suicide by cop i've heard of where a
  3543. 2:16:05person would attack a police officer
  3544. 2:16:08and and kind of force that police
  3545. 2:16:09officer to kill them
  3546. 2:16:11it's certainly a a uh a branch off of
  3547. 2:16:14suicide by state okay but your suicide
  3548. 2:16:16by stan
  3549. 2:16:17mr tillis you you've told this jury
  3550. 2:16:20you're a pretty smart guy when it comes
  3551. 2:16:21to the law right
  3552. 2:16:23and some occasions it depends on the
  3553. 2:16:25subject but sometimes yes
  3554. 2:16:27so your plan when your home is about to
  3555. 2:16:31be demolished
  3556. 2:16:33or at least can be demolished right yes
  3557. 2:16:35sir
  3558. 2:16:37and you just have found out about that
  3559. 2:16:40that your plan is i'm going to tell the
  3560. 2:16:43world
  3561. 2:16:44about the dismembered body in my yard
  3562. 2:16:49so multiple years from now
  3563. 2:16:53i might face the death penalty
  3564. 2:16:56that was your plan well before i
  3565. 2:17:00no yes no no it's actually a no because
  3566. 2:17:04what i did was first i looked into the
  3567. 2:17:06longest time on death row was 30 years
  3568. 2:17:09the shortest time was 4.1 years you
  3569. 2:17:11could effectively wave all appeals
  3570. 2:17:13and be dead in about three and a half
  3571. 2:17:16so when you say multiple years yes i can
  3572. 2:17:19see to a murder i didn't commit i get
  3573. 2:17:21the death penalty of suicide by state i
  3574. 2:17:22go to a one-man cell where i have a tv
  3575. 2:17:25and then i would engage in meditation
  3576. 2:17:26and prepare myself for death
  3577. 2:17:28that's exactly what i was going to do
  3578. 2:17:29and i was going to take those three
  3579. 2:17:31years to do that
  3580. 2:17:32okay but there would certainly be many
  3581. 2:17:34other ways you could kill yourself right
  3582. 2:17:36well i can't argue with that
  3583. 2:17:39and you those things would be available
  3584. 2:17:41to you in jail right
  3585. 2:17:43well i might argue that well you already
  3586. 2:17:46testified that you went through this
  3587. 2:17:47elaborate plan to get all these drugs to
  3588. 2:17:49try to kill yourself yeah and it didn't
  3589. 2:17:50work
  3590. 2:17:51well you could have taken 2 000
  3591. 2:17:52milligrams right well
  3592. 2:17:54i guess i should have gave up 10 trays
  3593. 2:17:56of food 20 trays i don't know but it
  3594. 2:17:58didn't work
  3595. 2:17:58but one thing about is one thing about
  3596. 2:18:00an attempt to suicide like that
  3597. 2:18:01you don't know if it's going to work and
  3598. 2:18:03i don't know much about pills i've never
  3599. 2:18:05really been a pill person
  3600. 2:18:06mr tillis oh i don't know if any of
  3601. 2:18:08these things are going to work
  3602. 2:18:09but you're more confident that you're
  3603. 2:18:12going to falsely confess to somebody in
  3604. 2:18:14the yard
  3605. 2:18:15and that maybe you're going to get the
  3606. 2:18:17death penalty in the future
  3607. 2:18:19if they find this body then you are of
  3608. 2:18:22doing any other method well
  3609. 2:18:24one thing about conceding to the murder
  3610. 2:18:26that i didn't commit and fabricating
  3611. 2:18:28that confession is that
  3612. 2:18:29once the police got it in their rush to
  3613. 2:18:31justice and handing the case to you
  3614. 2:18:33i was assured a death sentence as my
  3615. 2:18:36sitting here is evident
  3616. 2:18:38right how many years after you were
  3617. 2:18:41arrested
  3618. 2:18:43i don't know i guess i've been in jail
  3619. 2:18:46i'm only guessing probably 10 months
  3620. 2:18:50maybe maybe inside of inside of a year
  3621. 2:18:54i understand that but you were charged
  3622. 2:18:55with the murder at the end of 2016. oh i
  3623. 2:18:57thought you know what you're talking
  3624. 2:18:58about when i was first arrested from
  3625. 2:18:59when i was first arrested until this
  3626. 2:19:01alleged confession was
  3627. 2:19:02about 10 months or something like that
  3628. 2:19:05i'd only been in jail about a year
  3629. 2:19:07when the alleged this bogus confession
  3630. 2:19:09come into existence mr tillis i'm
  3631. 2:19:11getting
  3632. 2:19:12you wanted the death penalty but one of
  3633. 2:19:15the reasons
  3634. 2:19:16why you were backing
  3635. 2:19:20out of it was because you were scared
  3636. 2:19:24you were going to get in trouble no
  3637. 2:19:27yeah you said oh you said mr tillis
  3638. 2:19:31i couldn't believe they i was worried
  3639. 2:19:33they were going to send a monitor
  3640. 2:19:35and then i was going to get in trouble
  3641. 2:19:37when they got caught for this
  3642. 2:19:38fabrication
  3643. 2:19:39and then get in trouble and then get in
  3644. 2:19:41trouble and i said that but what you're
  3645. 2:19:42misinterpreting
  3646. 2:19:43what is the trouble the trouble is when
  3647. 2:19:46you care about trouble mr tillis you're
  3648. 2:19:47looking at 30 years
  3649. 2:19:49you're so despondent that you think
  3650. 2:19:51you're never going to get out of jail
  3651. 2:19:52true
  3652. 2:19:54and that's the trouble i was speaking of
  3653. 2:19:56that was a big sense you're saying that
  3654. 2:19:58you know you're never going to get out
  3655. 2:19:59of jail
  3656. 2:19:59you're going to do 30 years true and
  3657. 2:20:02then you decide to back out of the
  3658. 2:20:04confession because you're worried you're
  3659. 2:20:05getting in trouble
  3660. 2:20:07may i explain any sense may i explain
  3661. 2:20:09what trouble means you tell us
  3662. 2:20:11how it those two things make sense
  3663. 2:20:13because
  3664. 2:20:14if i gave up the if i gave up that body
  3665. 2:20:17and i fabricated this confession and it
  3666. 2:20:20was proved to be false
  3667. 2:20:21and they caught me in that the trouble
  3668. 2:20:23was i would still have the 30.
  3669. 2:20:26i wouldn't i wouldn't have gained
  3670. 2:20:27anything there's no there's nothing
  3671. 2:20:29there
  3672. 2:20:31there's no incentive to fabricate the
  3673. 2:20:33story
  3674. 2:20:34if i'm only going to get the same thing
  3675. 2:20:36i'm going to get for the aggravated
  3676. 2:20:38assault
  3677. 2:20:38the only incentive for fabricating the
  3678. 2:20:40story was the death penalty that i knew
  3679. 2:20:42the state would seek
  3680. 2:20:44so if if i gave up that and i fabricated
  3681. 2:20:48this confession
  3682. 2:20:49and then and then you sought the death
  3683. 2:20:51penalty then i'm receiving what i am
  3684. 2:20:53my agenda but if i fabricated this
  3685. 2:20:56confession and i got caught and then i
  3686. 2:20:58would get in trouble for fabrication and
  3687. 2:21:00i'd end up
  3688. 2:21:01with a life sentence which i already had
  3689. 2:21:03it didn't
  3690. 2:21:04the it was it was between the mental
  3691. 2:21:07despair and the depression
  3692. 2:21:09i didn't see any reason in doing it i
  3693. 2:21:11honestly didn't think they were going to
  3694. 2:21:12give him wire and let him in there like
  3695. 2:21:14that
  3696. 2:21:14that shocked me is that it
  3697. 2:21:17yes sir so
  3698. 2:21:22you have testified that there was no way
  3699. 2:21:24that you could know
  3700. 2:21:26how joni gunter was killed right
  3701. 2:21:30that's why you didn't provide that
  3702. 2:21:32information well that was one
  3703. 2:21:34that was only one hole in the story yes
  3704. 2:21:36sir
  3705. 2:21:37and a homicide detective if you which
  3706. 2:21:41was my only question mr tell us okay yes
  3707. 2:21:43you're right i didn't i didn't know
  3708. 2:21:45i didn't know the cause of death and
  3709. 2:21:46that was the problem now mr tillis
  3710. 2:21:49in the first why do you remember
  3711. 2:21:53you not mr evans
  3712. 2:21:58you uttering the words to mr evans
  3713. 2:22:01quote i didn't shoot them
  3714. 2:22:06girls
  3715. 2:22:09remember that i may have said i didn't
  3716. 2:22:11shoot anybody yes sir
  3717. 2:22:12i don't i'm not going to con contest
  3718. 2:22:14here
  3719. 2:22:15yeah so i'm not going to contest it okay
  3720. 2:22:17i said that you said that
  3721. 2:22:19yeah you said i didn't shoot them girls
  3722. 2:22:22you slipped up mr tillis because if you
  3723. 2:22:24didn't know how they were killed
  3724. 2:22:26then why are you telling sammy evans
  3725. 2:22:29that you didn't shoot them because you
  3726. 2:22:30very they could have very well been shot
  3727. 2:22:33and your entire scheme is up
  3728. 2:22:39because i didn't know i also said i
  3729. 2:22:42didn't stab
  3730. 2:22:43him i also said i didn't stab him i also
  3731. 2:22:46said i didn't hit him in a head with a
  3732. 2:22:47hammer
  3733. 2:22:48i believe those were other allegations
  3734. 2:22:50he made too mr tillis there's two
  3735. 2:22:51separate parts
  3736. 2:22:53there's the part in the second wire he's
  3737. 2:22:55saying
  3738. 2:22:57because he says almost like you've
  3739. 2:22:59already talked about it right he says
  3740. 2:23:00we don't shoot him because it's too
  3741. 2:23:02noisy you don't stab them to the studio
  3742. 2:23:04i remember that that's what you're doing
  3743. 2:23:06that's the part i remember that's the
  3744. 2:23:07part i remember number one on the fifth
  3745. 2:23:10on the 10th yeah okay you tell
  3746. 2:23:14sammy i didn't shoot
  3747. 2:23:17them girls okay you see mr tillis and
  3748. 2:23:20you said that
  3749. 2:23:22and your point if we're to believe your
  3750. 2:23:23story
  3751. 2:23:25joni gunter very well may have been shot
  3752. 2:23:27in that chest by your brother right
  3753. 2:23:30anything could have been possible i
  3754. 2:23:32didn't i didn't know the
  3755. 2:23:34method of of uh the method that
  3756. 2:23:37caused her death but making that
  3757. 2:23:40statement
  3758. 2:23:42why on earth
  3759. 2:23:46wouldn't you just lie about it if we're
  3760. 2:23:49to believe you mr tell us
  3761. 2:23:51why on earth would you sit on this wire
  3762. 2:23:53and tell like you said
  3763. 2:23:55you were talking about the psychologist
  3764. 2:23:56and just kind of spews out
  3765. 2:23:58why they just make up how you killed her
  3766. 2:24:01what's the difference i don't i don't
  3767. 2:24:04understand what you
  3768. 2:24:05i'm you can ask me on that one mr
  3769. 2:24:07miranda mr tillis you're making up this
  3770. 2:24:09wild story to get the death penalty okay
  3771. 2:24:12all things that aren't true correct most
  3772. 2:24:14of most of yes
  3773. 2:24:16all these things that in theory
  3774. 2:24:19we could prove them to be false correct
  3775. 2:24:25okay yet the only thing you don't lie
  3776. 2:24:29about
  3777. 2:24:30is the manner of death
  3778. 2:24:34why not lie about that
  3779. 2:24:38oh no i don't i kind of don't understand
  3780. 2:24:41what you're saying
  3781. 2:24:42are you are you trying your goal is to
  3782. 2:24:43get the death penalty correct yes sir
  3783. 2:24:45and everything you're saying in this
  3784. 2:24:47three-hour wire you're saying you're
  3785. 2:24:49making it up
  3786. 2:24:50in order to get the death penalty yes
  3787. 2:24:51sir that's my agenda
  3788. 2:24:53but yeah that's your agenda yet you're
  3789. 2:24:56you're
  3790. 2:24:57withholding the one piece of information
  3791. 2:25:00that we would need
  3792. 2:25:01the method that that she met her death
  3793. 2:25:03right why wouldn't you just make it up
  3794. 2:25:05you made up everything else
  3795. 2:25:08isn't it true mr tillis that you told
  3796. 2:25:10sammy evans that you beat her with a
  3797. 2:25:12hammer
  3798. 2:25:12and that's why he knew to ask you about
  3799. 2:25:14it he asked me did i stab her or did i
  3800. 2:25:16cut her throat
  3801. 2:25:17he was trying to get you to say it on
  3802. 2:25:18the wire oh okay
  3803. 2:25:20okay isn't it true you told sammy evans
  3804. 2:25:23you beat her with a hammer
  3805. 2:25:24absolutely not now
  3806. 2:25:28your testimony is with regard to tabitha
  3807. 2:25:31nicole hogg
  3808. 2:25:33that everything that she says is
  3809. 2:25:36essentially true
  3810. 2:25:38except for the main incident in question
  3811. 2:25:40correct
  3812. 2:25:42well she definitely wasn't changing that
  3813. 2:25:43tree in my backyard
  3814. 2:25:46the tree didn't exist i understand that
  3815. 2:25:48some people say tree and they really
  3816. 2:25:49need a pole
  3817. 2:25:50right well i don't know she was pretty
  3818. 2:25:53specific in describing the tree
  3819. 2:25:55during the hearing we had i believe the
  3820. 2:25:57transcripts tell us when you're high on
  3821. 2:25:59heroin can sometimes you confuse a pole
  3822. 2:26:01with a tree
  3823. 2:26:02and i believe you could also confuse all
  3824. 2:26:04sorts of situations with other
  3825. 2:26:05situations
  3826. 2:26:06when you've been on a five-day binge of
  3827. 2:26:07heroin that is an excellent point mr
  3828. 2:26:10mizrahi mr tillis do you think you can
  3829. 2:26:11confuse
  3830. 2:26:13your semen being rubbed on her face
  3831. 2:26:14after you've raped her you think she
  3832. 2:26:16confused that
  3833. 2:26:17well she's pretty confusing five days
  3834. 2:26:20worth of heroin binge
  3835. 2:26:22five days of not sleep you know sleep
  3836. 2:26:24deprivation causes hallucination
  3837. 2:26:27it is a medical fact okay well thank you
  3838. 2:26:28mr tillis for your legal and medical
  3839. 2:26:30opinions we appreciate that
  3840. 2:26:32now mr tillis you uh your testimony is
  3841. 2:26:35that
  3842. 2:26:36that even with um your goodwill towards
  3843. 2:26:40tabitha hogg in other words
  3844. 2:26:42writing her letters you talk about how
  3845. 2:26:43it's so lonely in jail
  3846. 2:26:45and you want to be that that friendly
  3847. 2:26:47voice for her
  3848. 2:26:48that friendly person right and that you
  3849. 2:26:51you she helps you get
  3850. 2:26:52boxes of suit of fed and you give her a
  3851. 2:26:55place to stay
  3852. 2:26:56and all of those things correct my
  3853. 2:26:58interest in her wasn't really being
  3854. 2:27:00friendly so to speak but
  3855. 2:27:02if you want to context it like that okay
  3856. 2:27:05my point is she was telling the truth
  3857. 2:27:07about that stuff
  3858. 2:27:08um she was telling the truth about the
  3859. 2:27:10jail about the sudafed yeah some
  3860. 2:27:12some of the things she said were were
  3861. 2:27:16factual so your direct testimony was
  3862. 2:27:20that despite all of the great things
  3863. 2:27:22you've done for her
  3864. 2:27:25that tabitha nicole haw got mad at you
  3865. 2:27:29because she showed up to your house
  3866. 2:27:31unannounced when it was raining
  3867. 2:27:33and you wouldn't give her a ride that's
  3868. 2:27:35your testimony she retrieved her stuff
  3869. 2:27:37and then she wanted the ride and i told
  3870. 2:27:38her leave because i had something to do
  3871. 2:27:39and it was raining she got mad
  3872. 2:27:41she left i made her leave and she took
  3873. 2:27:44it a little hard
  3874. 2:27:45but and so that's the only thing you've
  3875. 2:27:48ever done to her
  3876. 2:27:49that would cause tabitha nicole hogg a
  3877. 2:27:52heroin addict
  3878. 2:27:53a prostitute to come in here and make up
  3879. 2:27:57all the stuff that she made on
  3880. 2:27:58right well you would have to understand
  3881. 2:28:01a heroin user's
  3882. 2:28:03mentality yes that is exactly what i'm
  3883. 2:28:07saying
  3884. 2:28:08so your idea of what she did is that
  3885. 2:28:11this happened
  3886. 2:28:13she doesn't report it for how many years
  3887. 2:28:16so when did this happen 2013
  3888. 2:28:20i don't know when she alleged i don't
  3889. 2:28:21think she gave a date she said it was
  3890. 2:28:23after her release from jail whenever the
  3891. 2:28:25date she was released from jail was
  3892. 2:28:26but you know the day that she showed up
  3893. 2:28:29well i don't
  3894. 2:28:30i don't remember the date of the year i
  3895. 2:28:31don't even remember that when she got
  3896. 2:28:32out of the jail i'll be honest with you
  3897. 2:28:33mr raj well it's between 2012
  3898. 2:28:36and like 2 000. but i did pick her up
  3899. 2:28:38from the jail i do remember that event
  3900. 2:28:40whatever date that was her plan is to
  3901. 2:28:42never tell a soul
  3902. 2:28:44about what happened to you okay
  3903. 2:28:47and then wait until joni gunter's
  3904. 2:28:51dismembered remains are found and a
  3905. 2:28:53detective comes knocking on her door
  3906. 2:28:55to suddenly spring her angry trap
  3907. 2:28:59about how you would not give her a ride
  3908. 2:29:01in the rain
  3909. 2:29:02therefore you must have chained her to
  3910. 2:29:03her bed and raped her
  3911. 2:29:05you would have to take that with her mr
  3912. 2:29:06rahee you're asking me to make
  3913. 2:29:08assumptions for the way she thinks and
  3914. 2:29:10feels
  3915. 2:29:10and i don't think that i'm in a position
  3916. 2:29:11to be doing that i know that
  3917. 2:29:13five day binges of heroin that drug does
  3918. 2:29:17pretty bad things to you and the sleep
  3919. 2:29:19deprivation added to the heroin use
  3920. 2:29:21it gets pretty complicated when you add
  3921. 2:29:23that with depression
  3922. 2:29:24i don't know what the girl thinks or how
  3923. 2:29:26she feels i mean i know our experience
  3924. 2:29:28when we were associated
  3925. 2:29:31but if you want to continue to ask those
  3926. 2:29:32questions you will probably be better
  3927. 2:29:34off to direct him toward her
  3928. 2:29:36why on earth mr tillis
  3929. 2:29:39for a girl that you casually knew
  3930. 2:29:44that you got you knew was mad at you
  3931. 2:29:49after you wouldn't give her a ride would
  3932. 2:29:52you have
  3933. 2:29:53her name date of birth
  3934. 2:29:57social security number written on papers
  3935. 2:30:00in your home well
  3936. 2:30:04the the social security number the time
  3937. 2:30:07of
  3938. 2:30:08because when i looked her up to get the
  3939. 2:30:10information so that i could
  3940. 2:30:11give her money and she had initially
  3941. 2:30:13asked me to appear at her court date
  3942. 2:30:15i don't remember how that came about but
  3943. 2:30:17when she was sentenced in st john's
  3944. 2:30:18county
  3945. 2:30:19i was present i remember that but to
  3946. 2:30:22look up the information on her she had
  3947. 2:30:24gave me that information
  3948. 2:30:25so that i could obtain information on
  3949. 2:30:27her with on the computer
  3950. 2:30:29the time frame between when she was
  3951. 2:30:31released from jail
  3952. 2:30:32i don't know that date to the time frame
  3953. 2:30:35of my
  3954. 2:30:36arrest i don't know that the papers
  3955. 2:30:39laying there
  3956. 2:30:39they were probably just in a bundle
  3957. 2:30:42bundle of papers
  3958. 2:30:43and they were just neglectedly forgotten
  3959. 2:30:45i would assume
  3960. 2:30:47i mean i don't i don't i don't recall
  3961. 2:30:49the specifics of it mr mcmahon is their
  3962. 2:30:51social security number for that kind of
  3963. 2:30:52thing
  3964. 2:30:53i don't i don't i don't recall be honest
  3965. 2:30:55with you but that's how that information
  3966. 2:30:57if if if i'm not mistaken it was written
  3967. 2:30:59on some sort of
  3968. 2:31:00jailed piece of paper or something but
  3969. 2:31:03i'm i'm guessing
  3970. 2:31:04but that information was related to me
  3971. 2:31:07finding out information
  3972. 2:31:08so i could be at the court hearing and
  3973. 2:31:10and then she got sentenced and then she
  3974. 2:31:12went to jail and
  3975. 2:31:13he got a little i think she got 60 days
  3976. 2:31:15i'm not even sure exactly but it wasn't
  3977. 2:31:17long
  3978. 2:31:18in jail but i mean i don't
  3979. 2:31:21i don't know do y'all understand mr tell
  3980. 2:31:24us
  3981. 2:31:24states exhibit 100.
  3982. 2:31:29yes sir yes sir i see that
  3983. 2:31:33you have your social security number on
  3984. 2:31:34your dl number well you've asked me that
  3985. 2:31:37question three times and i've tried to
  3986. 2:31:38answer it three times mr marahi i don't
  3987. 2:31:40know
  3988. 2:31:41i mean i was looking up information i'd
  3989. 2:31:43went to the jail
  3990. 2:31:44i'd visited i put money on her books i
  3991. 2:31:45had been to a couple of hearings
  3992. 2:31:47i i mean i don't know okay well
  3993. 2:31:51mr tillis you would agree that
  3994. 2:31:54besides your theory of
  3995. 2:31:58suicide by state yes sir there is never
  3996. 2:32:01a situation where it is in a person's
  3997. 2:32:04interest to come in and confess to
  3998. 2:32:08murder correct
  3999. 2:32:10it must be a statement against your own
  4000. 2:32:12interest correct
  4001. 2:32:14absolutely not if i'm seeking suicide by
  4002. 2:32:16state then it is my best interest to
  4003. 2:32:17fabricate whatever is necessary
  4004. 2:32:19information provided to the police
  4005. 2:32:21and to seek my agenda by getting the
  4006. 2:32:23suicide by state
  4007. 2:32:24i said besides that unless you want to
  4008. 2:32:26commit suicide except for that theory
  4009. 2:32:29generally speaking confessing to murder
  4010. 2:32:31is against your own interest correct
  4011. 2:32:36well and i and i wouldn't say no and it
  4012. 2:32:39wouldn't say yes
  4013. 2:32:41okay i mean sometimes sometimes
  4014. 2:32:44you might do something your conscience
  4015. 2:32:46weighs on you
  4016. 2:32:47you know okay and you go back and you
  4017. 2:32:51see what you did and you try to rectify
  4018. 2:32:53your conscience
  4019. 2:32:54it's not about the other person it's
  4020. 2:32:55about how you feel that's why i was
  4021. 2:32:57telling you earlier
  4022. 2:32:58this isn't about me right now trying to
  4023. 2:33:00avoid the death penalty i actually
  4024. 2:33:02expect these people to convict me of
  4025. 2:33:03murder
  4026. 2:33:03and you to give me that death penalty i
  4027. 2:33:06could really care less
  4028. 2:33:08okay very good um now you knew
  4029. 2:33:11that um joni gunter
  4030. 2:33:15had been murdered correct
  4031. 2:33:19well she was deceased when i viewed her
  4032. 2:33:21in the trunk of that car yes sir
  4033. 2:33:22and she was all bloody right she had a
  4034. 2:33:24large blood stain on her chest
  4035. 2:33:27i actually thought that was the fatal
  4036. 2:33:28wound when i first observed her
  4037. 2:33:30i didn't find out later until i read the
  4038. 2:33:32autopsy she had a broke nose
  4039. 2:33:34then i realized she probably got the
  4040. 2:33:36blood on her chest from the punch in the
  4041. 2:33:37face
  4042. 2:33:45but at that point mr tillis
  4043. 2:33:48you haven't talked about what happened
  4044. 2:33:51next
  4045. 2:33:52next about what well
  4046. 2:33:56what did you do with her body to get
  4047. 2:34:00joni gunter out of that trunk how'd you
  4048. 2:34:03get her out of the trunk
  4049. 2:34:05well at this point in the interrogation
  4050. 2:34:07i am going to claim the fifth amendment
  4051. 2:34:09and i'm not going to make any more
  4052. 2:34:10statements regarding that question
  4053. 2:34:12as a means to protect myself from any
  4054. 2:34:14future uh
  4055. 2:34:17associations this trial will undoubtedly
  4056. 2:34:21uh manifest into a second trial this
  4057. 2:34:24isn't the first one
  4058. 2:34:24there's been too many errors in this
  4059. 2:34:26trial i will most not
  4060. 2:34:28most definitely be brought back for a
  4061. 2:34:29second one and in the second trial
  4062. 2:34:31i don't want this testimony hindering me
  4063. 2:34:33in the future
  4064. 2:34:34so i'm not going to discuss what
  4065. 2:34:36occurred after my brother arrived and we
  4066. 2:34:38had that discussion at the trunk of that
  4067. 2:34:40car
  4068. 2:34:41i will concede to telling you mr zarahi
  4069. 2:34:44that i knew miss gunter was buried in
  4070. 2:34:46that backyard i knew the condition of
  4071. 2:34:48the body
  4072. 2:34:49and i was present i'll concede that to
  4073. 2:34:52you here and now
  4074. 2:34:53but you can continue to ask me questions
  4075. 2:34:55and i will not answer them okay
  4076. 2:34:58well let me ask you this you're in
  4077. 2:34:59charge you understand with grossly
  4078. 2:35:01abusing a dead human body right
  4079. 2:35:03count four yes sir okay and you would
  4080. 2:35:06agree
  4081. 2:35:07that you knew the location of every body
  4082. 2:35:09part correct
  4083. 2:35:11i just told you that i was present
  4084. 2:35:14i think i've answered your question
  4085. 2:35:15before you asked it i was you know where
  4086. 2:35:18her torso was
  4087. 2:35:19i was present you knew where her head
  4088. 2:35:22was
  4089. 2:35:23i was present when the when miss gunter
  4090. 2:35:25was buried
  4091. 2:35:26i just told you that the question seemed
  4092. 2:35:28irrelevant
  4093. 2:35:29they're not relevant when you're charged
  4094. 2:35:30with count four mr tell us well i just
  4095. 2:35:32told you
  4096. 2:35:33i was present when her remains were
  4097. 2:35:35buried mr marahi i don't know how
  4098. 2:35:37how much more specific i can get bear
  4099. 2:35:39either
  4100. 2:35:40now that is a different question and as
  4101. 2:35:42i just said
  4102. 2:35:43this trial was only the prelude to the
  4103. 2:35:45second one and i'm not going to be
  4104. 2:35:47answering those questions that will
  4105. 2:35:48prejudice me in my next trial
  4106. 2:35:51i know that sounds rather bad but from a
  4107. 2:35:53legal position
  4108. 2:35:55i don't mind sitting here in and
  4109. 2:35:59giving up what i know but that
  4110. 2:36:00particular amount of information i'm
  4111. 2:36:02going to
  4112. 2:36:02retain until i come back and if anybody
  4113. 2:36:06wants to hear those
  4114. 2:36:07answers i would suggest coming to the
  4115. 2:36:09next trial
  4116. 2:36:10and that's when i will be telling you
  4117. 2:36:12that if you are the prosecutor in that
  4118. 2:36:14case
  4119. 2:36:17okay um
  4120. 2:36:21what's it like to use a sawzall to cut a
  4121. 2:36:23woman's head off
  4122. 2:36:25i i have no uh no answer for that
  4123. 2:36:27question either mr zumahi what's it like
  4124. 2:36:32did the sawzall blade wear out when you
  4125. 2:36:34were cutting her shoulders
  4126. 2:36:36did you have to use multiple blades i
  4127. 2:36:39believe i just told you that i wouldn't
  4128. 2:36:41answer any questions regarding that
  4129. 2:36:43that subject if your intention is to
  4130. 2:36:46just continue to ask questions that you
  4131. 2:36:48know i won't answer for the benefit of
  4132. 2:36:49the jury hearing you
  4133. 2:36:51then you simply recite all your
  4134. 2:36:52questions and i'll sit here
  4135. 2:36:54mute and then when you get finished we
  4136. 2:36:56can move on to the next set of questions
  4137. 2:36:57if you have any more
  4138. 2:36:58mr tillis you want to tell the jury your
  4139. 2:37:01story right
  4140. 2:37:03yes sir i do you tell us that was your
  4141. 2:37:05decision right it was my decision
  4142. 2:37:07and i will tell you we involuntarily got
  4143. 2:37:09on that witness stand didn't you
  4144. 2:37:10yes sir and the judge made freely and
  4145. 2:37:12voluntarily withholding evidence from
  4146. 2:37:15this jury correct
  4147. 2:37:17i am i am selecting when i will disclose
  4148. 2:37:20information and when i will not
  4149. 2:37:22that is what i'm doing and in the end
  4150. 2:37:24perjury huh mr tell us
  4151. 2:37:26i didn't say anything about perjury i
  4152. 2:37:28said i am selecting when i will disclose
  4153. 2:37:30information and when i will not
  4154. 2:37:32i do not intend on holding that
  4155. 2:37:34information from the jury at the proper
  4156. 2:37:35time
  4157. 2:37:36this is not the proper time for me to be
  4158. 2:37:38disclosing that information
  4159. 2:37:40no sir well you know i can't make you mr
  4160. 2:37:43tillis
  4161. 2:37:43i understand that that's why i suggested
  4162. 2:37:46that you just
  4163. 2:37:47state all your questions get them out
  4164. 2:37:49i'll set mute and then we'll move on
  4165. 2:37:54i understand the rule mr marahi
  4166. 2:37:57the rule you just said you can't force
  4167. 2:37:59me to answer the question
  4168. 2:38:01well we could force you by
  4169. 2:38:04contempt and things like that but mr
  4170. 2:38:06tillerson's fixing to get the death
  4171. 2:38:07penalty the contempt charge
  4172. 2:38:09really doesn't concern me i'm not going
  4173. 2:38:12to torture you to get the answer yeah
  4174. 2:38:13okay all right so i mean i got it i look
  4175. 2:38:16at this mr tillis
  4176. 2:38:19hypothetically speaking of course
  4177. 2:38:24how long does it take to chop up
  4178. 2:38:27the human body and i will revert back to
  4179. 2:38:30my
  4180. 2:38:30previous statement that i am not in the
  4181. 2:38:32position to be discussing any
  4182. 2:38:34information
  4183. 2:38:34regarding that subject okay mr tillis
  4184. 2:38:38would you not agree to this
  4185. 2:38:43it's difficult to do
  4186. 2:38:46to dismember a human body forgetting
  4187. 2:38:48whether you did it to joni gunter or not
  4188. 2:38:49i understand your position
  4189. 2:38:51i'm just saying generally speaking if
  4190. 2:38:53your knowledge and experience
  4191. 2:38:55of cutting metal and cutting wood and
  4192. 2:38:57doing construction
  4193. 2:38:59the dismembering a human being would
  4194. 2:39:00take time and effort
  4195. 2:39:02correct as i stated earlier mr marahi
  4196. 2:39:05i prefer not to answer any questions
  4197. 2:39:07regarding this subject
  4198. 2:39:08you would agree it would take hours
  4199. 2:39:10right i'm not agreeing to anything
  4200. 2:39:13you would agree that in order to
  4201. 2:39:15dismember a human body you would need
  4202. 2:39:17privacy correct
  4203. 2:39:19i'm not agreeing to that the kind of
  4204. 2:39:21privacy is six
  4205. 2:39:23garage has correct continue on
  4206. 2:39:26the kind of privacy that a bunch of
  4207. 2:39:29tarps hanging around your house provides
  4208. 2:39:31correct
  4209. 2:39:31you can continue on the kind of privacy
  4210. 2:39:34that a booby-trapped
  4211. 2:39:35fenced yard provides correct
  4212. 2:39:38you can continue on
  4213. 2:39:44you knew that joni gunter was dead
  4214. 2:39:46correct
  4215. 2:39:48yes sir my initial belief that she was
  4216. 2:39:49deceased when she arrived at the
  4217. 2:39:51residence yes sir
  4218. 2:39:53and no matter how homeless or how lonely
  4219. 2:39:56a person is
  4220. 2:39:58there's probably somebody out there that
  4221. 2:40:00would be looking for him right
  4222. 2:40:02that's what i've been trying to tell you
  4223. 2:40:04that's why i'm sitting here
  4224. 2:40:06it's got nothing to do with me avoiding
  4225. 2:40:07the death penalty and it's got nothing
  4226. 2:40:09to do with the case
  4227. 2:40:11that's why i'm sitting here but you did
  4228. 2:40:14nothing absolutely nothing mr tillis
  4229. 2:40:18to try to bring justice
  4230. 2:40:22to the death of joni gunter i'm caught
  4231. 2:40:25in between two traps
  4232. 2:40:26one i got my brother standing there
  4233. 2:40:28looking at me and i got that girl
  4234. 2:40:30deceased in the trunk of the car
  4235. 2:40:31my brothers confronted me many times
  4236. 2:40:33with this same sort of situation help me
  4237. 2:40:36and yes maybe that was the wrong
  4238. 2:40:37decision all right
  4239. 2:40:39but i did it and now i'm sitting here
  4240. 2:40:41and i'm telling you i did it
  4241. 2:40:43okay no you're not telling us you're
  4242. 2:40:45dead yeah you're invoking your
  4243. 2:40:47constitutional i'm trying to tell you as
  4244. 2:40:48much as i can tell you at this point
  4245. 2:40:50right against self-incrimination um
  4246. 2:40:55do you feel responsible what happened to
  4247. 2:40:56johnny gaunter
  4248. 2:40:59no sir i do not feel responsible for
  4249. 2:41:02death
  4250. 2:41:10no sir not for not for the cause of her
  4251. 2:41:12death no
  4252. 2:41:20one last little point on mr tillis yes
  4253. 2:41:23sir
  4254. 2:41:24you have according to your own testimony
  4255. 2:41:29even crying about it that you have
  4256. 2:41:31endured so much
  4257. 2:41:34in effort to protect your brother
  4258. 2:41:37correct
  4259. 2:41:39well i wouldn't say i've been doing a
  4260. 2:41:43lot but
  4261. 2:41:44but uh it's it's not just protecting him
  4262. 2:41:48it's in a sense accepting responsibility
  4263. 2:41:50for what i did
  4264. 2:41:52if you and i go in the store to rob it
  4265. 2:41:54and
  4266. 2:41:55and you shoot the clerk and the clerk
  4267. 2:41:57gets killed
  4268. 2:41:58and you get away and i get caught i went
  4269. 2:42:01into that store willingly with you to
  4270. 2:42:03rob that store
  4271. 2:42:04and i knew the potential of the clerk
  4272. 2:42:06getting shot
  4273. 2:42:07so i make an agreement with you
  4274. 2:42:11we go in the store you shoot the clerk
  4275. 2:42:12you get away i get caught
  4276. 2:42:14does that mean that i immediately have
  4277. 2:42:15to tell on you there's some sort of
  4278. 2:42:18sense of loyalty to that
  4279. 2:42:22now when you add into the factor that
  4280. 2:42:24you're my brother and we've been through
  4281. 2:42:26a lot the factor gets a little more
  4282. 2:42:28stronger
  4283. 2:42:30that's why i put his name in the
  4284. 2:42:32recording i told you that
  4285. 2:42:35so when they gave me that death penalty
  4286. 2:42:36he'd know
  4287. 2:42:38he knows okay so
  4288. 2:42:41my point is is you've you've been doing
  4289. 2:42:43a lot to protect them that's
  4290. 2:42:44that's a yes well i'm wearing it right
  4291. 2:42:47now okay i'm wearing it
  4292. 2:42:49and you have testified under oath on
  4293. 2:42:54direct examination
  4294. 2:42:56that you did not ask any questions of
  4295. 2:42:59your brother
  4296. 2:43:01about what happened to that girl
  4297. 2:43:02absolutely absolutely not
  4298. 2:43:04in future conversations i never breached
  4299. 2:43:06the subject never ever
  4300. 2:43:08said a word it was agreed upon when he
  4301. 2:43:10arrived in the garage that that subject
  4302. 2:43:12would never be brought up
  4303. 2:43:13and he's and it hasn't it was never
  4304. 2:43:17i got you your brother shows up and he's
  4305. 2:43:19got a dead body in his truck
  4306. 2:43:22correct yes sir that's all you know
  4307. 2:43:24that's all i know it's a white car with
  4308. 2:43:26a georgia plate
  4309. 2:43:27it didn't look like hers i initially
  4310. 2:43:28thought it was i thought it was her car
  4311. 2:43:30in the beginning but
  4312. 2:43:31mr telus you just testified
  4313. 2:43:35in court under oath that your brother
  4314. 2:43:38committed
  4315. 2:43:38murder no i did not because the body was
  4316. 2:43:41in her in
  4317. 2:43:42his trunk i never said my brother
  4318. 2:43:44committed murder just like
  4319. 2:43:46joni gunter's body was chopped up and
  4320. 2:43:49dismembered in
  4321. 2:43:50your backyard correct first i never said
  4322. 2:43:53my brother committed murder i said
  4323. 2:43:55joni gunner arrived at my residence in
  4324. 2:43:57the trunk of my brother's car and she
  4325. 2:43:58was deceased
  4326. 2:43:59how she met her death i had no clue
  4327. 2:44:02i never said he killed her to my
  4328. 2:44:05knowledge maybe he didn't
  4329. 2:44:06maybe something else happened i don't
  4330. 2:44:08know who knows
  4331. 2:44:10he did it because he brought her to your
  4332. 2:44:11house i didn't it wasn't a conversation
  4333. 2:44:14where i asked him where'd she come from
  4334. 2:44:15how'd you do that what happened
  4335. 2:44:17that's not the conversation that
  4336. 2:44:18occurred mr broccoli tell us if your
  4337. 2:44:20brother didn't do it you're saying he
  4338. 2:44:21just found a woman on the street
  4339. 2:44:23dead and brother to your house to
  4340. 2:44:25dismember her you're asking me to make
  4341. 2:44:26allegations and assumptions
  4342. 2:44:29mr tillis the point being you believed
  4343. 2:44:33your brother was responsible
  4344. 2:44:34for joining gunter's death because he
  4345. 2:44:37had her body
  4346. 2:44:38correct he had her in the technological
  4347. 2:44:40assumption
  4348. 2:44:41that's a reasonable assumption that is
  4349. 2:44:44why we're here today because
  4350. 2:44:46you had joanie gunter's dismembered body
  4351. 2:44:48in your backyard
  4352. 2:44:50correct well i can't can't deny that
  4353. 2:44:52it's not a logical inference to
  4354. 2:44:54to arrive at that conclusion
  4355. 2:44:57any other questions for the witness
  4356. 2:45:00okay mr tell us you may resume your seat
  4357. 2:45:02at the council table
  4358. 2:45:04sir you may resume your seat at council
  4359. 2:45:06table thank you sir
  4360. 2:45:20mr fletcher
  4361. 2:45:24members of the jury this will be a good
  4362. 2:45:26time to take our
  4363. 2:45:27evening recess remember during this
  4364. 2:45:31break
  4365. 2:45:32the overnight break as well as during
  4366. 2:45:34all of our breaks
  4367. 2:45:35do not discuss the case do not let
  4368. 2:45:37anyone discuss it with you
  4369. 2:45:38do not look up any media coverage of the
  4370. 2:45:41case
  4371. 2:45:42that's on the honor system so don't do
  4372. 2:45:44that and don't visit any of the places
  4373. 2:45:47described
  4374. 2:45:48we will see you tomorrow morning
  4375. 2:45:52at nine o'clock to resume the trial
  4376. 2:45:57i'll see you tomorrow morning at nine
  4377. 2:45:58o'clock then thank you

About this transcript

This page contains the full transcript of UNCUT: Russell Tillis testifies in his murder trial by News4JAX The Local Station, generated from the public captions YouTube serves with the video. The transcript has 26,393 words across 4,377 segments, with the original timestamps preserved so you can click any line to jump to that moment in the embedded player.

What you can do with it

Use the transcript to take notes, quote the speaker, build a study guide, generate a summary with ChatGPT or Claude via the YouTube Summary tool, or export it as a timed subtitle file with YouTube to SRT. You can also re-open it in the transcriber to translate the transcript into 100+ languages.

Free YouTube transcript tool

YouTube2Text is a free YouTube transcript generator — no signup, no daily limit. Paste any YouTube link and get the full transcript instantly, with timestamps, click-to-jump, translation to 100+ languages, AI prompts for ChatGPT, Claude, and Gemini, and exports to TXT, SRT, VTT, or Markdown.