UNCUT: Russell Tillis testifies in his murder trial — Transcript
Full transcript
- 0:00okay uh at this stage of the trial at
- 0:03in the light most favorable to the state
- 0:05the court will find that the state has
- 0:07established a prima facie
- 0:09case of guilt for each of the four
- 0:11crimes alleged in the indictment
- 0:14and will therefore deny the defendant's
- 0:16motion for judgment of acquittal at this
- 0:18time
- 0:20okay as we have uh discussed
- 0:24a little bit earlier i believe it's the
- 0:27defendant's intention to testify mr
- 0:30fletcher
- 0:31and it is your intention to
- 0:34not call any other witnesses is that
- 0:36right
- 0:40and i know we've had previous
- 0:41discussions about
- 0:43whether or not mr tillis agrees with the
- 0:46decision
- 0:47to call other witnesses at this
- 0:50point is it your understanding that he
- 0:52agrees or disagrees with that decision
- 0:56okay mr tillis you can remain
- 1:00seated i don't recall when i lost worry
- 1:02in but just out of an abundance of
- 1:03caution let me swear yet again do you
- 1:04solemnly swear or affirm to tell the
- 1:06truth the whole truth and nothing but
- 1:07the truth to help you god
- 1:09okay now mr tillis a couple issues we
- 1:12need to address
- 1:14uh first the state has announced rest
- 1:18which means that they have produced all
- 1:20the evidence that they intend to produce
- 1:22in this case
- 1:23unless they decide to call some rebuttal
- 1:25after after the defense case
- 1:28of course the burden of proof in this
- 1:30case as well as in any criminal case
- 1:32is upon the state of florida the
- 1:34prosecutors in this case
- 1:35which means you do not have to prove
- 1:37anything the burden is entirely on the
- 1:39state
- 1:40because of that that means that you do
- 1:42not have to testify in your case
- 1:45you can remain silent if you choose to
- 1:47do that
- 1:51on at least two occasions that you have
- 1:53the absolute right to do that
- 1:54and that they cannot hold that decision
- 1:56against you in any way
- 2:00if you decide to testify of course
- 2:03you'll be treated just like any other
- 2:05witness you'll be placed under oath
- 2:06examined and cross-examined
- 2:09if you have any what are called
- 2:11impeachable convictions
- 2:12felony convictions or crimes of
- 2:14dishonesty such as
- 2:16petty theft etc the state can impeach
- 2:18you with that
- 2:19number only the number how many felony
- 2:22convictions you have
- 2:24how many crimes of dishonesty you have
- 2:26if there's an agreed-upon number
- 2:28that's it they can't go any further
- 2:29necessarily now they're
- 2:31we're going to talk in just a second
- 2:32about in in your specific situation why
- 2:35they may get into some other issues
- 2:38but for for purposes of that question
- 2:41uh mr mizrahi how many impeachable
- 2:43convictions do you have
- 3:03negotiation was i would not use that
- 3:05condition
- 3:06as an aggravating factor
- 3:19okay so mr mr fletcher do you agree that
- 3:22with that assessment
- 3:27okay so mr tillis if you testify the
- 3:29state will be allowed to bring out uh
- 3:3214 felony convictions and one prior
- 3:34crime of dishonesty
- 3:35do you understand
- 3:42okay sure how many uh
- 3:46felony convictions do you believe that
- 3:47you have
- 3:50okay but you understand for purposes of
- 3:53our discussion here
- 3:55uh if the state says so mr tillis you've
- 3:57got 14 felony convictions
- 3:58you say well i don't know how many i got
- 4:01they may be entitled to go into
- 4:04what those were including the nature of
- 4:06the convictions
- 4:07and and perhaps details if there's a
- 4:10discussion or disagreement about that
- 4:12you understand that
- 4:29okay well i understand what you're
- 4:32telling me
- 4:33uh but i have no idea whether you're
- 4:34going to be convicted or not what i'm
- 4:36most concerned with is making sure that
- 4:37you understand
- 4:40the rights that you have as a defendant
- 4:43in the trial before this jury
- 4:45and what the proceedings will be so
- 4:47again to be clear
- 4:49if you decide to testify the state is
- 4:52allowed to
- 4:53ask you how many felony convictions you
- 4:54have if there is a disagreement
- 4:57the law may allow them to get into the
- 5:00specific
- 5:01nature of some of those convictions and
- 5:04i assume some of them are
- 5:05from what i've heard so far are violent
- 5:07prior felonies
- 5:09so you understand that
- 5:16okay now as you know
- 5:22there are many decisions that attorneys
- 5:24can make for you
- 5:25strategy decisions and whatnot the
- 5:28decision about whether or not she
- 5:29testifies not one of them
- 5:31that's a decision that only you and you
- 5:33alone can make same with any criminal
- 5:35defendant
- 5:37you have two very skilled experienced
- 5:39attorneys they've given you advice in
- 5:41this matter i'm sure
- 5:42you should consider their advice but
- 5:44ultimately you make the decision do you
- 5:46understand that
- 5:48do you need any more time to consider
- 5:50your decision about whether or not you
- 5:51wish to testify
- 5:59okay well we can get to that in just one
- 6:01second but in terms of my question do
- 6:02you need any more time to speak with
- 6:04them about your decision to
- 6:05whether or not you're going to testify
- 6:09okay and you need any more time to
- 6:11consider whether or not you want to
- 6:12testify
- 6:15other than i know you want to give me a
- 6:16statement okay
- 6:19so uh and you've made the decision to
- 6:21testify
- 6:23okay and that's a decision you're making
- 6:25freely and voluntarily
- 6:27anybody threatens you or coerce you in
- 6:29any way to get that
- 6:30get you to make that decision
- 6:34let me let me preface that let me
- 6:35preface that question um i understand
- 6:37that
- 6:38part of your defense and what part of
- 6:40your testimony may be
- 6:42may be the uh your belief of
- 6:45feelings of coercion by the court and
- 6:47the court system is that right
- 7:18okay and i was gonna the next issue i
- 7:19was gonna i told you we had a couple
- 7:20issues to discuss the next issue is
- 7:22gonna be regarding uh witnesses and
- 7:24whatnot
- 7:25um and i understand you're telling me
- 7:26that they're kind of intertwined
- 7:30other than that which we'll
- 7:33we can talk about in just one second
- 7:37has anybody other than your belief that
- 7:40your attorney's performance has caused
- 7:41you to
- 7:43make the decision that you may need to
- 7:44testify
- 7:46has anybody made any specific threats to
- 7:48you like if you don't testify
- 7:50i'm going to hurt you anything like that
- 7:56okay and you're making this decision to
- 7:57testify it's your decision
- 7:59okay new subject and that goes into the
- 8:03and i haven't forgotten that you want to
- 8:04give a statement the issue of
- 8:07witnesses we've discussed this i know
- 8:09before the trial and then we discussed
- 8:10it again
- 8:11i think this morning maybe yesterday
- 8:13morning
- 8:14about witnesses that you want to call
- 8:17and your attorneys
- 8:18do not believe it's in your best
- 8:19interest and they've made the decision
- 8:21not to call them
- 8:23if there's anything else you want to put
- 8:24on the record about that
- 8:27i will allow you to do that
- 8:30but other than what we've already
- 8:32discussed throughout the course of the
- 8:34proceedings with the witnesses that you
- 8:36wish to call and the motions that you
- 8:37filed
- 8:38regarding those witnesses are there any
- 8:41other witnesses
- 8:42or evidence that we haven't discussed
- 8:45that you want
- 8:46presented in your case and you've told
- 8:49your attorneys about it and they've said
- 8:50they're not going to do it
- 8:52again my question is very specific other
- 8:54than what we've already talked about
- 9:12okay to my knowledge that's the first
- 9:14time i've heard that name so it's
- 9:16okay so you haven't brought it up to me
- 9:18before
- 9:19have you brought it up to your attorneys
- 9:26dutch well
- 9:32well have you have you told him
- 9:34specifically i got this guy
- 9:35dutch shepherd dutch stafford that i
- 9:37think will help me
- 9:40okay mr fletcher does that name sound
- 9:42familiar to you
- 9:43okay mr mayors how about you
- 9:48okay um all right um
- 9:50[Music]
- 9:55okay now another question that i'm going
- 9:56to ask you then i'm going to turn it
- 9:57over to you for
- 9:58for your statement um
- 10:02a question that is normally asked in
- 10:04this scenario
- 10:05right now is whether you're satisfied
- 10:07with the performance
- 10:08of your attorneys in this case all i
- 10:11need from you right now
- 10:12is a yes or no no
- 10:15okay all right sir uh go ahead with uh
- 10:21whatever you want to tell me
- 10:42but my testimony is
- 10:54all right make sure you're addressing
- 10:56your comments to the court not to the
- 10:57prosecutor
- 10:59now you're fine
- 11:26is
- 11:29what trial are you talking about
- 11:49[Music]
- 12:01okay well um
- 12:06you don't get to do that
- 12:12well no it's not um but it's a fair
- 12:16point to bring up
- 12:17uh and since you do since you did let's
- 12:19let's talk about it a little bit
- 12:21the um normally
- 12:25what i advise defendants is what i just
- 12:27advised you a few moments ago where i
- 12:28said
- 12:29if you choose to testify you'll be
- 12:31treated like any other witness
- 12:33you'll be examined and cross-examined
- 12:36encompassed within that is the notion
- 12:39that
- 12:39once you open yourself up to testifying
- 12:42as a witness
- 12:44both parties are allowed to question you
- 12:46about all your potentially relevant
- 12:48knowledge on the case and that applies
- 12:49to a criminal defendant just like it
- 12:51does
- 12:52to the next door neighbor or anybody
- 12:54else
- 12:55so when you raise your right hand and
- 12:58swear to tell an oath
- 13:00or swear to tell the truth as an oath in
- 13:02front of the jury to testify
- 13:04and tell whatever it is you want to talk
- 13:06about you give up your
- 13:08your fifth amendment right against
- 13:09self-incrimination and the state is
- 13:11allowed to
- 13:12inquire ad infinitum as long as their
- 13:15questions are relevant and not
- 13:16repetitive
- 13:17and i would allow them to do that in
- 13:19this case
- 13:20so
- 13:21[Music]
- 13:24other than that i can't really i'm not
- 13:27your lawyer
- 13:28as you know and i can't advise you
- 13:32as to what to do the decision is yours
- 13:35and yours alone but if your decision to
- 13:37testify was based upon your mistaken
- 13:39belief that you can
- 13:41limit your testimony to simply those
- 13:43areas that you want to testify about
- 13:45i want to make sure i disabuse you of
- 13:47that notion before you make that
- 13:49decision do you understand okay having
- 13:52said all of those things does that
- 13:54change your mind about whether or not
- 13:55you wish to testify
- 14:02well you need to be less concerned with
- 14:04how the court's going to react and more
- 14:05concerned with how the jury's going to
- 14:14react
- 14:16and when those questions were addressed
- 14:18to me i would just ask
- 14:20no comment based on the system if that
- 14:23would be an acceptable answer for the
- 14:24statement
- 14:25i will testify
- 14:30okay well i don't presume to to speak
- 14:33for the state so mr mizrahi what would
- 14:35be the state's position in this matter
- 14:40to cross-examine the defendant like you
- 14:42would any other witness
- 14:44and my understanding of the case law is
- 14:47is impermissible
- 14:48for the defendant to invoke his right to
- 14:51remain silent on the witness stand
- 14:53under this scenario we're not going to
- 14:56prod him with hot
- 14:57pokers to make him talk so we're in a
- 14:59situation where
- 15:01i think that he he can refuse to answer
- 15:04questions and i will ask them
- 15:06i'll ask the court to direct the
- 15:07defendant to answer the questions and
- 15:09then the defendant has a decision to
- 15:10make about whether or not he's going to
- 15:11answer them or not
- 15:12and that would be mr tillis that would
- 15:15be the procedure that the court would
- 15:17utilize and it would it would go on
- 15:20for as long as the state continues to
- 15:22ask questions that
- 15:24would potentially be relevant in other
- 15:25words as long as they don't ask you the
- 15:26same question over and over again
- 15:28they would be allowed to ask you 50
- 15:30questions and you would be
- 15:32forced to enter your scenario to say
- 15:34over and over and over and over again
- 15:37that you refuse an answer on the grounds
- 15:39that may incriminate you
- 15:40if that's your decision as mr mizrahi
- 15:44indicated
- 15:45no one's going to physically force you
- 15:49under threat of violence to to testify
- 15:52but if that's your decision
- 15:55that's the procedure that would be
- 15:56utilized so again if you need some more
- 15:58time not a whole lot of time because the
- 16:00jury will be coming back soon
- 16:02but if you need a little bit more time
- 16:04to discuss this with your attorneys or
- 16:05to
- 16:06decide in your own mind whether or not
- 16:08you wish to testify i'll give you that
- 16:10option but as we sit here right now
- 16:14has this discussion changed your mind
- 16:16about whether or not you wish to testify
- 16:22sure
- 16:26i don't want that either
- 16:48well
- 16:51sure he could say something along and i
- 16:53would probably allow him to do this i
- 16:54would say mr
- 16:55he could say mr tillis i'm going to ask
- 16:57you one more time what was the color of
- 16:59the car
- 17:00you could say i'm not answering that
- 17:01question on the grounds that the answer
- 17:03may incriminate me
- 17:04at that point i would step in and say mr
- 17:06tillis you do not have the right as a
- 17:08witness in this case
- 17:09to invoke your fifth amendment right to
- 17:10remain silent the court is ordering you
- 17:13to answer the question
- 17:14at that point he'd be allowed to ask you
- 17:16one more time
- 17:18if you invoke then he would
- 17:21i'd be allowing him to move on to the
- 17:23next question and we would
- 17:24utilize that procedure until
- 17:28he has asked all the questions he
- 17:29believes are relevant
- 17:45of what what limited
- 17:48okay well if he again if he asks you
- 17:50questions in that area this is the
- 17:52this is the procedure that we would
- 17:54follow
- 17:57right so given all of that your decision
- 17:58is still to testify
- 18:04okay mr fletcher anything else you need
- 18:07to put on the record
- 18:12anything else in the state all right
- 18:15then we will be in recess for 10 minutes
- 18:17and then we that'll be 3 15 a little bit
- 18:20later and i told the jury but
- 18:21i think everybody deserves about 10
- 18:23minutes so uh we'll be in recess until 3
- 18:2515
- 18:26and we will commence the state's case
- 18:28i'm sorry the defense case
- 19:17he's wearing he's wearing the bandit not
- 19:19the leg brace so
- 19:21i don't think the jury would see him
- 19:22limping or anything so i'm fine
- 19:25if you're fine with him we'll bring the
- 19:28jury out he'll be a council table
- 19:30you'll call him he'll be called up to
- 19:32clerk and then sit in the witness box
- 19:34just like everybody else
- 19:35or i'm certainly happy to have him
- 19:38situated in the witness chair when the
- 19:41jury comes out that way they don't see
- 19:43him walking
- 19:44just in case there's any
- 19:50uh wayne which way you want me to go
- 19:54he's gonna come around so i think you're
- 19:55fine well
- 19:57now actually mr fletcher is right i
- 19:59don't that's too close to the jury
- 20:03yeah so just come around the middle yeah
- 20:06we don't care about mizrahi
- 20:07just bring them in the uh just bring
- 20:09them around in the middle i think that's
- 20:10better
- 20:13officer thorne you good with that
- 20:17um okay so uh
- 20:20that's the procedure we'll utilize
- 20:24um we'll let him finish getting dressed
- 20:45that doesn't apply yeah
- 21:11it certainly doesn't apply when the
- 21:13witness says he's gonna
- 21:31okay so uh mr tillis when mr fletcher
- 21:34calls you as a
- 21:35witness you'll go this way down the
- 21:38middle
- 21:39and then stop uh just like you've seen
- 21:41the other witnesses do
- 21:42right up there and madam clerk will
- 21:43swear again then you'll go to the
- 21:44witness chair
- 21:46okay we're ready for the jury to come
- 21:48out
- 21:50okay let's bring him out
- 22:24okay thank you may be seated
- 22:28and welcome back members of the jury we
- 22:29are ready to continue with the trial
- 22:32uh as you know when uh you last left us
- 22:35the state had announced rest we will now
- 22:38proceed
- 22:39with the defense case mr fletcher
- 22:46okay mr tillis if you will come forward
- 22:48please sir
- 22:53madam clerk
- 23:04thank you sir if you'll have a seat
- 23:28good afternoon mr tillis good afternoon
- 23:31send me up here
- 23:32yes sir i'll see you fine divider here
- 23:34mr tell tillis can you state your full
- 23:35name for the record please
- 23:36and my name is russell david tillis and
- 23:39mr tell us where are you from
- 23:41i'm from jacksonville florida how long
- 23:43have you lived here um
- 23:44off and on all my life mr tiles let me
- 23:47get something out of the way right up
- 23:48front have you ever been convicted of a
- 23:50felony
- 23:50yes sir how many times uh i guess to
- 23:53make 14.
- 23:54okay and have you ever been convicted of
- 23:56a crime of dishonesty a misdemeanor
- 23:57crime of dishonesty as well i'm thinking
- 23:59one
- 23:59would be the number all right let's go
- 24:03back to um
- 24:042015. did you uh get arrested sometime
- 24:07in 2015.
- 24:08yes sir i endured a very uh physical
- 24:10arrest in
- 24:112015. okay we're not trying that case
- 24:14today but in brief
- 24:15short order just tell me what happened
- 24:18well the cops
- 24:19appeared across the street from my house
- 24:21about one o'clock in the morning
- 24:23dressed in all black not marked as
- 24:25police officers
- 24:27they threw one pound rocks over the
- 24:29fence on top of a metal roof of my home
- 24:33when i come out to investigate the
- 24:35disturbance
- 24:36they were hiding in the bushes they made
- 24:39a rush attempt to grab me
- 24:41and i ran i didn't know it was they ran
- 24:44me down and beat me up
- 24:46and i believe that's the photograph the
- 24:47state showed the uh
- 24:49jury leaves all in my hair done on my
- 24:51shoulder i got beat up pretty good
- 24:53okay i found a knife in my pocket and
- 24:56another knife that was on me
- 24:57they charged me with uh holding them at
- 25:00knife point in front of my house
- 25:02they charged me with battery on a leo
- 25:05and then subsequently
- 25:06a home security video appeared of my
- 25:09arrest
- 25:10and it proved that the arresting officer
- 25:12had fabricated the
- 25:14complete report there was no knife
- 25:16standoff on the street
- 25:17and all of it was alive the state
- 25:19proceeded anyway
- 25:20put him on the stand and tried to
- 25:22prosecute me right on with it
- 25:24as though the cop was telling the truth
- 25:26it was a horrendous deal
- 25:28all right tell us let me back you up a
- 25:29little bit back up a little bit
- 25:32how long were you in jail and tell tell
- 25:34us about what jail was like for you
- 25:36while you were why your case was pending
- 25:38well it wasn't just what the jail was
- 25:40like
- 25:41what you have to take into consideration
- 25:42is
- 25:44how i got there and what it cost me to
- 25:46get there
- 25:47and what was occurring so i get beat up
- 25:50i get arrested
- 25:51i see a police report that's a complete
- 25:53lie nobody believes me
- 25:55i'm facing multiple felonies i'm facing
- 25:5730 years and i'm incarcerated
- 25:59the jail was violent it was so violent
- 26:02that they recently in the last years had
- 26:04to install cameras and they have a safe
- 26:06program now
- 26:07to take out the violence it was nothing
- 26:10to get
- 26:10beaten simply because you were either
- 26:13old
- 26:13or maybe you were gay or
- 26:17some other discriminatory issue
- 26:20you would get sometimes beat pretty good
- 26:23it was violent okay
- 26:26and you believed you were looking at 30
- 26:28years oh i was definitely looking at 30
- 26:30years they served me with a
- 26:31habitualization notice
- 26:33on my first court appearance seeking to
- 26:37the state was seeking habitual
- 26:39habitualization
- 26:41and uh i if i'm not mistaken during the
- 26:44initial arraignment
- 26:45the state advised the court that a trial
- 26:48date would be set and there would be no
- 26:50negotiations
- 26:51so they pretty much told me the first
- 26:53day in court
- 26:54we're going to take these cops and we're
- 26:55going to give you 30 years cops that had
- 26:57written a
- 26:58police report that was a complete lie
- 27:01it was a pretty uh traumatizing
- 27:04situation
- 27:06okay so tell us what you did in response
- 27:09to that
- 27:10well i first thought the public
- 27:12defender's office and i tried to explain
- 27:14to him what happened
- 27:15they had me baker acted into the sixth
- 27:17floor on the uh jail
- 27:18said i was delusional
- 27:22so i get out of that and uh
- 27:26but that didn't stop the lawyer then
- 27:28they sent a doctor at me
- 27:30dr knightie to perform an evaluation the
- 27:34the lawyers alleged that i was
- 27:35delusional
- 27:37cops don't throw rocks at the middle in
- 27:39the at your house in the middle of the
- 27:40night
- 27:41and they don't fabricate reports the guy
- 27:42must be delusional
- 27:44but dr knight he took a different stance
- 27:46on the matter and he said although my
- 27:48story was uh unusual i don't think
- 27:51that's a word he used but i believe
- 27:52that's what he meant
- 27:54although it was unusual it was plausible
- 27:57and that the attorneys
- 27:59should solicit the evidence that i was
- 28:01suggesting
- 28:02and confront me with either the lack of
- 28:04evidence
- 28:05or the evidence and then that would
- 28:07prove my delusionalness
- 28:10well when dr knighty performed the
- 28:12evaluation
- 28:13i made a strict stipulation at the
- 28:15beginning of the interview
- 28:17i would only perform the valuation if he
- 28:19would send me a copy of the report
- 28:21myself
- 28:22because i knew that if i didn't get a
- 28:24copy of that report from him
- 28:26the lawyers would never give it to me so
- 28:29he did
- 28:30he sent me a copy so when my attorney
- 28:33returned to visit me at that time i
- 28:36believed
- 28:36michael j uh kevin jenkins was the
- 28:40public defender representing me
- 28:42when he came to see me i laid the report
- 28:46on the table
- 28:46his first words were where did you get
- 28:48that
- 28:50when i explained how i got it and i
- 28:52brought his attention to the doctor's
- 28:53recommendations
- 28:54perhaps you should go solicit the
- 28:56evidence that he is alleging
- 28:59mr jenkins then told me that the
- 29:01doctor's report was irrelevant
- 29:03and i received no assistance from the
- 29:05public defender's office at all
- 29:07okay did you get frustrated with your
- 29:08lawyers frustrated it's a mild word i
- 29:11could use a lot stronger ones than that
- 29:14and what was it that you think that was
- 29:16out there that they could get a hold of
- 29:17that would sort of exonerate you
- 29:19well one as i stated just a second ago
- 29:22the video of my arrest
- 29:24there were some homeowners that lived
- 29:26across the street one of them was lane
- 29:28campbell that testified here
- 29:30but lane campbell she
- 29:33she had such a uh such a
- 29:36opinion of me that you i couldn't get
- 29:40the video from her
- 29:41so i alleged i told the lawyer hey look
- 29:44if you go to that woman
- 29:45she's got a home security system and
- 29:47she's got that video
- 29:49and i know she saved it because she
- 29:51hates me that much
- 29:53she would save that video and she would
- 29:56watch it every saturday night for
- 29:58entertainment
- 29:59saying hey that's that's his arrest but
- 30:02of course they didn't believe me
- 30:04then the other ones the other uh was the
- 30:07one pound rock
- 30:09i had one of those rocks and it had
- 30:11ceramic tile on it
- 30:14the cops when they beat me up and got me
- 30:16off the ground
- 30:17they weren't wearing gloves so my
- 30:20contention was one of those cops was
- 30:23handling that rock
- 30:25and his fingerprints i've done
- 30:27construction all my life i owned a
- 30:29small home improvement business
- 30:32that ceramic tile would carry a latent
- 30:34print i was certain of it but they
- 30:36wouldn't they wouldn't do any
- 30:37investigative work
- 30:38and that's why you got frustrated oh i
- 30:40got frustrated boy did i write letters
- 30:41to the court
- 30:42yeah well i wrote letters and i did this
- 30:44and i did that but to no avail
- 30:46no avail and then what i decided to do
- 30:48was i'd wave council and represent
- 30:50myself
- 30:52so i i engaged in a little trickery
- 30:55to trick the cops into admitting what
- 30:58they had did
- 30:59so i took uh i come into the
- 31:02uh the fortunate
- 31:06position to meet a private investigator
- 31:08who
- 31:09after reviewing the case said that she
- 31:12would help me
- 31:14so that was a bright light so i took
- 31:17employee complaint forms and i filled
- 31:20them out
- 31:21complaining that the cop had thrown
- 31:23deadly missiles at an occupied dwelling
- 31:25in the middle of the night
- 31:26which is a second-degree felony and i
- 31:29made all kinds of allegations
- 31:31how i was going how that rock and i had
- 31:34a picture of it
- 31:35that the private investigator had
- 31:36provided me with
- 31:38and then i was going to i was that rock
- 31:41was at a latent print analysis
- 31:44uh laboratory and as soon as i got them
- 31:47fingerprints back
- 31:48i was going to put that rock in one of
- 31:50those cops hands
- 31:51what i was relying upon is the cops
- 31:54conscious
- 31:55he knew he threw the rock even though he
- 31:57was denying it and he didn't write it in
- 31:58the report
- 31:59he knew and i knew so i wrote the
- 32:02complaints
- 32:03at first they told me oh you don't know
- 32:05what you're talking about
- 32:07but when i showed them the pictures and
- 32:08i give them the little fake story
- 32:10ah well we admit to throwing rocks so
- 32:14they admitted to throwing the rocks
- 32:16they wouldn't they wouldn't admit to the
- 32:17fabrication of the police report
- 32:21and i eventually got that too
- 32:24so as you as all this is occurring how
- 32:26long have you been in jail at this point
- 32:27i've been in jail about six years
- 32:30um i don't mean up to today
- 32:33i mean oh when that occurred yes oh well
- 32:37i would say that was probably in the
- 32:39first
- 32:40well like i say i went to the
- 32:42arraignment they served the
- 32:43habitualization notice
- 32:44the lawyer said he wouldn't help me they
- 32:46tried to try to put me in the
- 32:48middle ward they sent the doctor i'd say
- 32:50that was a span of about three months of
- 32:52all that occurring
- 32:54and then when i realized that people are
- 32:56not going to help me and i have
- 32:58they essentially told me look we're not
- 33:01going to do nothing for you
- 33:02so i would say probably three months and
- 33:05i'm guessing
- 33:06so don't hold me to a particular date
- 33:07but i'd say three months and that's when
- 33:09i decided to
- 33:10i you file a motion to waive counsel and
- 33:13what that does is
- 33:14it relinquishes your appointed counsel
- 33:16from representing you
- 33:18and then you have the ability to
- 33:19represent yourself
- 33:21in this courtroom and then i would be
- 33:23recognized
- 33:24as the lawyer then i would have
- 33:26privileges of
- 33:28hiring investigators and doing an
- 33:30investigative work
- 33:31that i needed in order to obtain the
- 33:35uh video of the arrest things like that
- 33:38so i guess about three months in i waive
- 33:41counsel
- 33:42i meet this private investigator who
- 33:44turns out to be a blessing
- 33:45and then i move forward okay so fast
- 33:48forward a little bit because i wasn't
- 33:49supposed to go
- 33:50all into this but tell me what happens
- 33:52at the jail and is there a point
- 33:54in time where you get really depressed
- 33:56well
- 33:57the depression was almost from the
- 33:59immediate arrest
- 34:00but the depression less escalated
- 34:04i mean it's a pretty it's a
- 34:07it's a uh it's a situation of
- 34:11of something that would create a mental
- 34:13despair that
- 34:14really can't be described but i mean i
- 34:17lost the home the freedom
- 34:19i get arrested i get a fabricated report
- 34:21i'm facing 30 years
- 34:22and all of that happened within about a
- 34:23month then i get into a violent jail
- 34:26so yeah the the depression was present
- 34:30from the
- 34:31arrest but escalated very quickly
- 34:35in the first three four months okay did
- 34:38you continue to believe that you were
- 34:39going to get
- 34:40another 30 years well i i seen
- 34:43i seen no light although when you're
- 34:45when you're engaged in a pro se status
- 34:48and you're representing yourself in this
- 34:50courtroom
- 34:52you receive an immense amount of
- 34:54prejudice from the court
- 34:55you're not treated like a lawyer you
- 34:58don't have the same
- 34:59although the law states you do in
- 35:02reality
- 35:03you do not have the same rights as the
- 35:05lawyer you're restricted
- 35:07the court's prejudiced you can't pick up
- 35:10the phone and call an expert
- 35:12so yeah it was it was pretty
- 35:16depressing i even though i was
- 35:17representing myself i was getting
- 35:19nowhere
- 35:20in and it was easy for me to see
- 35:23that when you have a group of police
- 35:26officers
- 35:27saying he did this and they're all
- 35:29wearing badges
- 35:31and i am the defendant accused of the
- 35:34crime
- 35:35the credibility goes to the police
- 35:36officer it's a no-win argument
- 35:39unless you have some real factual
- 35:41evidence to prove your point
- 35:43being a video or something that the cops
- 35:45can't dispute
- 35:47only then will they admit what they've
- 35:50done
- 35:50for instance throwing the rock they
- 35:52would have never admitted throwing the
- 35:54rock
- 35:54if i had not had a picture of one of the
- 35:57rocks and it was an unusual rock
- 35:59and the reason i kept that rock was
- 36:02because it was
- 36:03a piece of grout with ceramic tile
- 36:06it had been removed from a remodeling
- 36:09a home remodeling job that rock was not
- 36:13a rock you find laying in a yard or
- 36:15laying on the side of the street
- 36:16you find that in some sort of
- 36:18construction site they had to have
- 36:20brought those rocks with them
- 36:22my contention was he probably recognized
- 36:25the rock when he seen the picture
- 36:27that was the rock was that unusual okay
- 36:30let me fast forward a little bit okay
- 36:31go forward about four five six months is
- 36:34there a point where you get really
- 36:34depressed and you try to do something
- 36:38well i came to uh i came to court on
- 36:42january the 22nd
- 36:442016. and i was in front of judge brillo
- 36:47right here and uh i was trying to
- 36:51uh well let me let me let me back up on
- 36:53that court dave because i don't think it
- 36:55was january
- 36:55the 20th it may have been the 22nd
- 36:59but i was in front of this particular
- 37:01judge right here
- 37:02and i was complaining to the judge that
- 37:06the lawyer wouldn't go get the video and
- 37:09i was trying to explain look
- 37:11i've lived i've lived across the street
- 37:13from these people for 45 years
- 37:15i know them i know what they do i know
- 37:18how they are
- 37:19i know these people i know they got that
- 37:22video
- 37:23i don't care about the time lapse they
- 37:25saved it for a souvenir
- 37:27the judge tells me you're probably just
- 37:30mad at the public defender's office
- 37:32for not getting something that doesn't
- 37:33exist and he
- 37:35completely ignored me and he did not
- 37:38instruct that lawyer
- 37:39to to go to go look
- 37:42he didn't he didn't there were certain
- 37:45laws
- 37:46like case law for instance you hear
- 37:49sometimes you hear the lawyers quote in
- 37:50here
- 37:51there is case law that law comes from
- 37:55that is supposed to guarantee each of us
- 37:58effective representation in a criminal
- 38:01proceeding
- 38:02you're gifted that right by the florida
- 38:05and the united states
- 38:06constitution it's a law if you get
- 38:09arrested and you're indigent
- 38:11you get a good lawyer that's the law and
- 38:14it is this man's responsibility to
- 38:16ensure that your constitutional right
- 38:19remains in place
- 38:21but when a lawyer says well i'm not
- 38:23going to help you
- 38:24and then the judge says well you're
- 38:26probably just mad at him because he's
- 38:27not getting something that doesn't exist
- 38:30you you suffer a severe prejudice right
- 38:32there
- 38:33you're in a no-win situation buddy all
- 38:36right so you're convinced you're gonna
- 38:37get 30 years at some point right
- 38:39yeah well i was i was looking down the
- 38:41barrel with a gun there's no doubt about
- 38:42that
- 38:43okay and did you attempt suicide while
- 38:45you were in jail
- 38:46well a suicide attempt came later be
- 38:49honest with you
- 38:50that was that was on uh i can't remember
- 38:52the date but i do remember the time
- 38:55frame
- 38:55which was if i'm not mistaken
- 38:58it was it was within two months
- 39:02after the february 10th recording
- 39:06because the the february 10th recording
- 39:10was uh that was a pretty trauma kind of
- 39:14event
- 39:15that led to the as soon as that was over
- 39:19i was in the hospital for three days i
- 39:21should have never left
- 39:22okay should end up in the morgue okay
- 39:25how did you get how did you get to the
- 39:26hospital
- 39:26what did you do in the jail to get
- 39:28yourself taken out of the jail well in
- 39:30in the jail the uh
- 39:33there is a uh it seems like everybody
- 39:36takes medication
- 39:38now during the time that i've been in
- 39:39that jail i have strictly
- 39:41refused any antidepressants or any drugs
- 39:45from because all you have to do is ask
- 39:47the medical department of the jail
- 39:49and they'll give you they'll give you
- 39:51drugs to calm you
- 39:53you know but what they do is they put
- 39:55you in a stupor and then you
- 39:57you don't know what's going on and i'm
- 39:58scared to death of that so i have
- 40:00refused although i suffer from
- 40:03some i'm sure although i don't know the
- 40:05technical names of it but i'm sure i
- 40:07suffer from
- 40:08uh depression that could be clinically
- 40:12recognized but i wouldn't take any
- 40:14medication but anyway this medical cart
- 40:16comes around
- 40:16every day twice a day to the particular
- 40:20area where i am being housed
- 40:22and they pass out pills to nearly
- 40:23everybody well a lot of guys don't take
- 40:26the pills
- 40:27they just take the pill from the nurse
- 40:29save them and then they trade them for
- 40:30extra food
- 40:32inside that jail you can buy anything
- 40:34there are heroin overdoses
- 40:35drug overdoses marijuana every drug you
- 40:39can imagine
- 40:39is in that jail and very rampant so
- 40:43at this particular point which was
- 40:46probably
- 40:46within two months right after the
- 40:48february 10th recording
- 40:50the depression was so severe that uh
- 40:54i uh i solicited a guy that lived in
- 40:57another cell
- 40:58a couple down from me and i don't
- 40:59remember his name and i traded him
- 41:01trays of food for eliville so i would
- 41:05trade a tray of food for
- 41:07i think it was 100 milligrams of elevil
- 41:10so i traded about i don't know
- 41:1210 trays of food got me about a thousand
- 41:14milligrams and i ate them
- 41:16all thousand milligrams i figured that
- 41:17was enough to kill me
- 41:19i woke up in the hospital you woke up in
- 41:21the hospital stayed there for three days
- 41:23and they let me go all right and and why
- 41:25did you try to commit suicide
- 41:27well well i had already initially
- 41:34i had already had the
- 41:38suicidal ideation of suicide by state
- 41:41so i was already suicidal
- 41:44but when the second when i went through
- 41:47the february
- 41:485th recording that was bad enough but
- 41:51i thought it was over that that the
- 41:55that would be the end of it when the
- 41:57february 5th
- 41:59i mean the february 10th recording
- 42:00showed up i was shocked
- 42:02all right let me do this let me do this
- 42:04let me back you up a little bit
- 42:06to the a couple days before february 5th
- 42:09did you approach sammy evans in the jail
- 42:13yes okay and what was the basic
- 42:16discussion about that you had with him
- 42:17well first i would like to to radiate
- 42:20the genus
- 42:21of that discussion and that came from a
- 42:24january 22nd
- 42:26court proceedings in front of judge
- 42:28brillo
- 42:29judge bruhler was tremendously abusive
- 42:32he had lied to me on several occasions i
- 42:34had transcripts where he was making
- 42:36multiple
- 42:37rulings that were inconsistent with his
- 42:39previous rulings
- 42:41and the the judge is very abusive
- 42:45although he may not appear to be right
- 42:47now trust me
- 42:48there is a 224 page really hate this
- 42:51corpus filed that describes
- 42:53his abusiveness over the five years i've
- 42:55been in front of him all right mr tillis
- 42:57let's let's focus on the facts that okay
- 42:59so anyway i go to court on january the
- 43:0222nd
- 43:03and i experience this abusiveness while
- 43:05i'm in the court
- 43:07and judge brillo essentially tells me
- 43:09the jury's coming in in about a week
- 43:11and you're going to end up dying in
- 43:12prison what do you want to do
- 43:15what the hell do you do so
- 43:18i was pretty now you got to add that to
- 43:21the previous
- 43:22situation of of the beat up the losing
- 43:25the house to being in the jail the
- 43:26violent the depression
- 43:28so it's accumulation of facts it wasn't
- 43:30just the judge
- 43:31don't get me wrong now but it was an
- 43:33accumulation
- 43:34it was that behavior added to it so
- 43:37january the 22nd i get back to the jail
- 43:39and i'm in a pretty bad state of mental
- 43:41despair
- 43:43so i knew sammy evans from being in
- 43:45there
- 43:46so i approached him and i asked him i
- 43:49said
- 43:50how would you like some assistance on
- 43:51your legal case now he and i had already
- 43:54talked he was in an armed robbery sister
- 43:56was his co-defendant
- 43:58she set her boyfriend up they robbed her
- 44:01boyfriend
- 44:03assistant she uh she set her boyfriend
- 44:07up
- 44:08just tell us this objection oh okay i
- 44:10apologize
- 44:11i apologize your honor uh so anyway i
- 44:15knew a little bit about sammy's case can
- 44:16i say that much
- 44:18and just leave it there yes okay okay so
- 44:20i knew a little bit about his case
- 44:22so i uh i asked him i said uh
- 44:26i i knew that he was facing a life
- 44:28sentence okay
- 44:29and that he didn't have much of a
- 44:31defense at all
- 44:33and he was gonna die in prison he hadn't
- 44:36been out of prison very long so i
- 44:37approach him
- 44:38and i say hey how would you like a
- 44:40little assistance on your case
- 44:43well he immediately was interested in
- 44:45the conversation
- 44:46okay and so did you two hatch a plan so
- 44:48to speak well
- 44:50i told him my
- 44:54position and i talked to him about him
- 44:57assisting me and at the same time
- 45:00receiving some assistance on his case
- 45:02and he was in agreement to the deal okay
- 45:05so what was the plan
- 45:06well and this is before he's he's wired
- 45:09up right oh yes this was uh
- 45:12well it was it was about three days
- 45:14after january the 22nd
- 45:1726 so i'll say about january the 26th
- 45:20the first recording occurred on february
- 45:22the 5th
- 45:23so there's only about a two-week period
- 45:24right there okay
- 45:26so i come back from court on the 22nd of
- 45:29january
- 45:30i approach evans that day he is
- 45:33immediately interested
- 45:35and i tell him that i have knowledge of
- 45:38where a body is buried
- 45:40in that i want to confess to the police
- 45:45about this body and i want the death
- 45:49penalty
- 45:49because i'm fixing to get this 30 years
- 45:52and i don't want to die of slow death in
- 45:53prison
- 45:54i was 55 at the time i've lived a pretty
- 45:56good life i figured
- 45:59i'll get the death penalty and i'll and
- 46:00i won't die that slow death in prison
- 46:04well evans was o he was he was uh
- 46:06cooperative with with that
- 46:09but at first he was a little hesitant
- 46:11he's like
- 46:13when first you have to understand it's
- 46:15not normally something
- 46:16someone would walk up to you and say you
- 46:18know hey i know where a body's buried
- 46:20and i want you to go get the wire and
- 46:23i want to confess to you and the first
- 46:26question was
- 46:27why don't you just tell the police
- 46:30what do you need me for i mean that's
- 46:33the logical inference of a conversation
- 46:35like that
- 46:36okay so what happened well i told him i
- 46:39told him
- 46:40pretty much the details of it he helped
- 46:42me cook up a good story
- 46:44but the problem with murder as you have
- 46:46been advised by the judge
- 46:48when you came into this this courtroom
- 46:51that murder itself does not
- 46:55always constitute a death penalty you
- 46:58have to have aggravating factors
- 47:01and i i have knowledge of the law i mean
- 47:05i'm
- 47:05i'm you know i'm not that smart but i do
- 47:08have some workable knowledge of the law
- 47:10i know about aggravators i know about
- 47:12the law i know how to read the law
- 47:14i know what i know what kind of murder
- 47:18it takes to get the death penalty and i
- 47:21know what kind of murder
- 47:23would be rejected if if
- 47:26if you wanted to say you committed the
- 47:28murder and you wanted the death penalty
- 47:30and you said well i committed a murder
- 47:32well that doesn't necessarily mean
- 47:34you're going to get the death penalty
- 47:35you must have some serious heinous
- 47:39aggravating factors and i'm
- 47:41knowledgeable of that sort of thing
- 47:44so evans and i we cook up a story at
- 47:47first i tell him
- 47:48why i can't go to the police and give
- 47:51the confession
- 47:53okay so once i convince him that okay
- 47:57i'm telling you the truth you know and
- 47:58and this is this is how i know where the
- 48:00body's buried
- 48:01and this is what's going on and this is
- 48:04the reason
- 48:05i can't go to the police and once he
- 48:07understood all that then he was kind of
- 48:08looking at me a little different
- 48:10okay let me hear your story so i tell
- 48:12him my story
- 48:14he and i over a course of maybe three or
- 48:16four days
- 48:17we start fabricating this
- 48:20this murder that we were both convinced
- 48:23would provoke the police the state
- 48:26attorney
- 48:26into seeking the death so that i didn't
- 48:30end up confessing to a murder
- 48:32where the state didn't seek the death
- 48:33penalty and then i'm right back to
- 48:35doing the 30 years in prison i got
- 48:37nothing
- 48:38okay so did you discuss with mr evans
- 48:42these things and then at some point he
- 48:45got taken
- 48:46over to the police memorial building and
- 48:47then return well before he got took into
- 48:49the porsche memorial building
- 48:50the the problem the problem with the
- 48:53cooked up confession was
- 48:56it had some serious holes in it and
- 48:59those serious holes
- 49:00for the very reason i couldn't go to the
- 49:03police
- 49:04if i sat down if i just picked up the
- 49:06phone and hot the tips hotline and said
- 49:08hey
- 49:09you know i committed a murder and i want
- 49:10to confess they would take me over to
- 49:12the police memorial building
- 49:13they would subject me to hours of
- 49:16interrogation
- 49:17in front of homicide detectives that
- 49:19take special courses in interrogation
- 49:23and in the course of being interrogated
- 49:25eventually
- 49:26that homicide detective would detect
- 49:28there's something wrong with my story
- 49:32and that was the fear that's why i
- 49:34couldn't go to the police
- 49:36i i didn't mind confessing to a recorder
- 49:39because the recorder wouldn't ask me any
- 49:42questions
- 49:43and i have enough knowledge of the
- 49:45police in duval county to know
- 49:47that once they find a body they rush to
- 49:50justice
- 49:51they don't care about any other facts
- 49:53like finding dave
- 49:54finding jimmy the other multiple murders
- 49:57they don't care anything about that
- 49:59they got the body they got the
- 50:01confession and they rushed to justice
- 50:04i relied upon that so sammy and i
- 50:07we cook up this horrenius story but then
- 50:10i start getting a little cold feet
- 50:12because you got to understand i've got a
- 50:14pretty bad mental despair at the time
- 50:16i'm depressed bad
- 50:18but i start getting cold feet because i
- 50:21think i'm going to get caught
- 50:23let me back up a little bit at some
- 50:24point he gets a map from you
- 50:26right yeah that was why we were cooking
- 50:28up the
- 50:30the uh while we were doing because
- 50:33at first he was a little skeptical i
- 50:35mean how many people just walk up to and
- 50:37say hey i know what body's buried and
- 50:38i'm going to give it to you
- 50:39and you can trade it for assistance on
- 50:40your case okay so you came up with this
- 50:42map
- 50:43yeah i gave you the map and you actually
- 50:45knew
- 50:46just how far from like the fence line to
- 50:49where the body was and you gave that to
- 50:50him yeah i knew exactly where the body
- 50:52was buried and i knew the condition of
- 50:53the body
- 50:54yes i did and you knew it was going to
- 50:55be given to the police and i knew it was
- 50:57going to be given to the police
- 50:58i drew the map i told him to study it
- 51:00and then i told him to throw the
- 51:01original in the toilet
- 51:02and make his own hand hand copied and
- 51:04then for him to allege that i just told
- 51:06him
- 51:07but as you indicated earlier in your
- 51:09examination of witnesses
- 51:12in a casual conversation do i tell you
- 51:14how many paces it is from my front door
- 51:16to my car
- 51:17my car's sitting out front 36 paces from
- 51:19the door
- 51:22yeah so so had had he not told you he
- 51:25was going to be wired up and
- 51:27and telling the police these things and
- 51:28he just walked up and said well how many
- 51:29feet from the fence
- 51:30to the to the body and in what direction
- 51:33that would tip you off that he's a
- 51:34snitch right
- 51:36well yeah it would be inside that jail
- 51:39they call it jumping on cases and
- 51:43it is very very common although
- 51:45detective sullivan was never in question
- 51:47about
- 51:47how many times he uses
- 51:50jailhouse informants i personally have
- 51:53witnessed
- 51:54inmates fighting because i wanted to
- 51:57jump on this person's case
- 52:00and another man wanted to jump on the
- 52:01case but i wanted assistance on my case
- 52:04so bad
- 52:05i would fight this guy and the winner
- 52:07would get to jump on
- 52:09on her case i mean that's how rampant it
- 52:12is in there
- 52:12so anytime a man walks up to you and
- 52:14starts saying
- 52:15where's the body buried how many paces
- 52:17from one place to another
- 52:19and and how far is it from the fence
- 52:22those would be
- 52:22indicating questions of you get away
- 52:24from that guy quick
- 52:27and as i just on your case well yeah and
- 52:29as i just stated
- 52:31and i'm sure that the intellectual
- 52:33ability of the jurors you can tell
- 52:35my knowledge of the law is you know like
- 52:38i said i'm not smartest guy in the world
- 52:40but when it comes to the law i'm not
- 52:42that stupid
- 52:44so if you walked up if i'm in jail for
- 52:47anything a parking ticket or whatever
- 52:49and you and you and you walked up to me
- 52:50and says hey you ever do drugs in your
- 52:53house you got some drugs in your house
- 52:54what kind of drugs do you like
- 52:55that would that would be a red flag is
- 52:57to i would immediately stop
- 52:58communicating with you
- 53:00and move away from you as to the best of
- 53:01my ability although i am in
- 53:03custody and my moving away is limited
- 53:06i would certainly try to segregate
- 53:08myself from you
- 53:09and not talk to you yes
- 53:12okay so what happens on the day of
- 53:15february 5th
- 53:162016.
- 53:19well i uh well
- 53:23an important an important factor leading
- 53:25up to that
- 53:26is that when i got the cold feet
- 53:30in order for me to tell you what
- 53:31happened on the fifth i have to describe
- 53:34to you
- 53:35while fabricating this story with with
- 53:38sammy evans
- 53:39and i got cold feet and i couldn't
- 53:42believe
- 53:42that the cops would put a wire on him
- 53:46and send him into the jail unmonitored
- 53:48unsupervised
- 53:50by himself my thought was
- 53:53they're going to send somebody to watch
- 53:55you and monitor you
- 53:56maybe even escort you and i became
- 54:00i became fearful that sammy and i would
- 54:03be caught
- 54:05giving this bogus confession to the
- 54:06recorder i tried to back
- 54:08out that was around
- 54:12january 31st february the 1st i tried to
- 54:15back out of the deal
- 54:16okay so what happened but by then sammy
- 54:18evans had become obsessed
- 54:20all he could see was assistance by now
- 54:23he realized
- 54:24this guy's telling the truth man he
- 54:25knows where her body's at in a body
- 54:28detectives will often tell you in that
- 54:30jail if you got a body to give us we can
- 54:32help you
- 54:32although detective would never get on
- 54:34the stand and say that trust me
- 54:35it happens in that jail all the time so
- 54:38sam evans at that point
- 54:39realized this guy's telling the truth he
- 54:42knows where body's at
- 54:43he got obsessed with the i'm going to
- 54:45trade the body for the assistance
- 54:47because he had a no-win situation on a
- 54:49life sentence so when i tried to back
- 54:51out
- 54:52sammy wasn't having it then became a
- 54:54little abusive a little threatening
- 54:55i tried to back up i was pretty
- 54:57depressed
- 54:58so february second third
- 55:02right in there maybe the fourth then he
- 55:04kind of got threatening around the first
- 55:06and second
- 55:06then the fourth february the fourth he
- 55:08didn't talk to me at all
- 55:09and i kind of thought maybe he went on
- 55:11you know he's going to leave me alone
- 55:13because i'll be honest with you at that
- 55:15point i was kind of all over the place
- 55:17in a mental despair
- 55:19but on february the 5th i'm sitting on
- 55:21my bunk
- 55:23i hear this at the door i look up and
- 55:26there's sammy evans he's got a writing
- 55:28pad in his hand
- 55:29he immediately hands me a note before i
- 55:31can say anything that says
- 55:32i'm wired and then he steps away from
- 55:36the door
- 55:36well i took that note and i balled it up
- 55:39and i threw it in the toilet
- 55:41because the cells were small sami evans
- 55:44didn't see that part
- 55:45and that was a blessing too he didn't
- 55:48see that but i didn't want to come out
- 55:49of the cell
- 55:50he comes back to the cell then he lures
- 55:52me out of the cell
- 55:54but then i don't want to go down to this
- 55:56this at the time i didn't know where he
- 55:58wanted to take me because we're in an
- 55:59area
- 56:00where i really can't get away from him
- 56:02you know what i mean we were locked into
- 56:03jail
- 56:04so i he gets me out of the cell and he
- 56:06gets a hold of my arm
- 56:08and and then he walks me down to an
- 56:11empty cell and this is an important
- 56:13this is an important part of what you're
- 56:16hearing right now
- 56:18because what i'll tell you and what
- 56:20evans tells you
- 56:21and what the record reflects you you're
- 56:24going to see evans is lying to you
- 56:27when he when he took me out of the cell
- 56:29he got me by the elbow it gets me down
- 56:30to the
- 56:31there's an empty cell which offers a
- 56:33little privacy
- 56:35now he's still got this writing pad in
- 56:37his hand
- 56:38so he gets down to the cell and he says
- 56:41i think we'll just sit in here for a
- 56:44little while
- 56:45and he guides me into the cell when you
- 56:47listen to the
- 56:48february 5th recording and you look at
- 56:51the transcripts on page six
- 56:53as he says those words and don't quote
- 56:56me because my words are probably awful a
- 56:58little bit
- 56:58but he's you can tell by the recording
- 57:01he's guiding me into the empty cell
- 57:04at that point there's a pause an unusual
- 57:07pause
- 57:08in that in that recording but you
- 57:12have to understand my position the the
- 57:15younger generation
- 57:16are usually gang-related in that jail so
- 57:20if you get in a problem in one part of
- 57:22the jail just because you go to another
- 57:24floor or another part
- 57:25doesn't necessarily mean you have
- 57:27avoided the trouble
- 57:28the jail is full of gang members and
- 57:31that was the reason for the
- 57:33safe jail project and all the cameras
- 57:36tell us
- 57:36i gotta i gotta stick to the facts of
- 57:38what happened well
- 57:40okay so he gets me he gets me to that
- 57:43cell door
- 57:45but the reason i keep keep going back to
- 57:48the conditions of the jail is because in
- 57:50order to understand what's going on you
- 57:52really have to kind of understand
- 57:54the situation in the environment and the
- 57:56mental state that i'm in
- 57:59so it's a combination of facts it's not
- 58:02just
- 58:02being led into the cell right okay so
- 58:05anyway he's leading me into the cell
- 58:06on the recording you hear a pause at
- 58:09that point when we entered the cell
- 58:11he had the pad in his hand now he'd
- 58:14already given me the note i'm wired i
- 58:15threw it in the toilet
- 58:16we go down to the empty cell it gives me
- 58:19the pad
- 58:21no we go in the door of the cell and i
- 58:24take the pad from him
- 58:26let me back up we go into as we're going
- 58:29in the ink door of the empty cell
- 58:32there's a pre-written note on the pad
- 58:36he has pre-written before he took me
- 58:38into the room
- 58:39and it read now i'm a little
- 58:43confused about what it don't uh don't
- 58:46say anything to get me into any trouble
- 58:48or you're going to regret it
- 58:50to that respect i would probably have to
- 58:52sit for a minute and try to collect my
- 58:54thoughts on that but
- 58:55but that's in a nutshell what it said as
- 58:58he's showing me this
- 58:59pre-written note on the pad and we're
- 59:01going into the cell i take the pad out
- 59:03of his hand
- 59:05and then there's an unusual pause in the
- 59:07recording because remember
- 59:08he can't talk to me about what's written
- 59:11on the pad because of the recording
- 59:13so there's two conversations occurring
- 59:16simultaneously
- 59:17one on the recording and one on the
- 59:19writing pad
- 59:21as we enter the empty cell and he shows
- 59:24me the note
- 59:25don't do anything stupid you say
- 59:28anything stupid to get me in trouble and
- 59:29you're going to regret it
- 59:30i take the pad from him and then you
- 59:33hear the unusual pause
- 59:35the unusual pause is he's looking for
- 59:37the pencil to give me
- 59:38so i can write a note back i get the
- 59:42pencil
- 59:43i scratch on the note i told you no now
- 59:46we're in the empty cell
- 59:47he takes the pad and the pencil back
- 59:49from me but you've got to understand
- 59:51there's a verbal conversation occurring
- 59:53on the recording at the same time
- 59:55during the first part of the february
- 59:585th recording
- 59:59and it's all up in the front of the
- 1:00:01recording
- 1:00:03it if you listen very intensely
- 1:00:06to evan's conversation there appears to
- 1:00:10be a distraction
- 1:00:12in his words in a couple of unusual
- 1:00:15pauses
- 1:00:15this man was writing while he was
- 1:00:17talking
- 1:00:19and although you can't i mean obviously
- 1:00:21the audio recording doesn't reflect him
- 1:00:23writing
- 1:00:24but the unusual pauses give a little
- 1:00:26support to it
- 1:00:28now sammy evans later admitted that
- 1:00:30there was a pad in there
- 1:00:32and there was two conversations going on
- 1:00:33he's like let me
- 1:00:35go okay so anyway we're in the room and
- 1:00:36logically okay all right so then you
- 1:00:38have this long conversation we heard it
- 1:00:39yesterday
- 1:00:40yeah yeah that was a pretty long one
- 1:00:41yeah okay um how much of that confession
- 1:00:44is true
- 1:00:45uh well obviously we had weeks to think
- 1:00:48about it right well
- 1:00:49obviously obviously the location of the
- 1:00:51body was
- 1:00:52i mean i i couldn't i couldn't uh
- 1:00:55rightfully dispute that and i and i had
- 1:00:58knowledge of the body
- 1:00:59and i had knowledge of the condition of
- 1:01:01the body
- 1:01:03so if you took that out of the recording
- 1:01:07there are there are a few other areas
- 1:01:11one was uh my brother in a body shop
- 1:01:13with a stolen truck and
- 1:01:15calling me to help him and that was true
- 1:01:18but that's a completely different story
- 1:01:20uh oh how about the two other girls that
- 1:01:24you say you killed
- 1:01:25no that was all fictitious the the the
- 1:01:27kidnappings the
- 1:01:28other murders the torture the soundproof
- 1:01:31room
- 1:01:32those were those were the aggravating
- 1:01:35factors that i had created
- 1:01:37that would get me the death penalty it i
- 1:01:40couldn't just
- 1:01:41say well i know where bodies at and i
- 1:01:42killed this girl right because i'm not
- 1:01:44going to get the death penalty
- 1:01:45right so the sex trafficking was there
- 1:01:47ever any sex time thinking no absolutely
- 1:01:49not
- 1:01:50no human trafficking none no there were
- 1:01:52witnesses of that
- 1:01:53and had you called my witnesses for this
- 1:01:55trial perhaps there would be other
- 1:01:56people in here supporting my testimony
- 1:01:58there was none of that going on in that
- 1:01:59house
- 1:02:00yes sir was there a bolt in the floor
- 1:02:02that you could chain people down to
- 1:02:04i believe detective sullivan answered
- 1:02:06that question for you
- 1:02:07no there was not all right and you heard
- 1:02:09allegations of uh females being chained
- 1:02:11to beds and
- 1:02:12and we went over with detective sullivan
- 1:02:14whether or not there was any scratchings
- 1:02:15on the bed frames remember that
- 1:02:17well i heard some testimony that one
- 1:02:20witness hog was
- 1:02:21chained to a tree in my backyard as the
- 1:02:24photographs were
- 1:02:25evident that i'm telling the truth there
- 1:02:27were no trees at all in my yard
- 1:02:30how she was trained to a tree in the
- 1:02:32backyard i've yet to figure that out
- 1:02:34there was a crashed
- 1:02:35old very very wide tree just across the
- 1:02:38fence right oh there were many trees
- 1:02:40across the fence line but you got to
- 1:02:41understand there was a chain link fence
- 1:02:43there
- 1:02:44she was not chained to a tree in my yard
- 1:02:47we we cut the trees down and ground the
- 1:02:48stumps long ago for the room
- 1:02:51there were no trees at all there were
- 1:02:52some heads out by the front that had
- 1:02:54probably six or eight razor blades in
- 1:02:56them
- 1:02:56and that's another story too but those
- 1:02:58were the only living trees
- 1:03:00on that property was that hedge out by
- 1:03:02the street okay what about the story
- 1:03:03that you're out in california and you
- 1:03:05shot somebody out in california yeah
- 1:03:06that was that was made up too
- 1:03:08okay how about that story about
- 1:03:11i guess you said you stole a car i mean
- 1:03:13you had to go from a to b
- 1:03:15you stole the car because there just
- 1:03:16happened to be a guy getting out without
- 1:03:17the keys and
- 1:03:18his daughter you pull into his house
- 1:03:20with his daughter behind you
- 1:03:21well that was kind of a filler story
- 1:03:24yeah
- 1:03:25there was a lot of there was a lot of
- 1:03:28conversation that wasn't related
- 1:03:30to the heinous mitigating factors
- 1:03:33that was uh also false as well
- 1:03:36i mean i mean once he got me in the cell
- 1:03:40and he used the paper and he kind of he
- 1:03:42coheres me and he
- 1:03:43at one point he stopped me from leaving
- 1:03:44the cell once he got me in there and he
- 1:03:46got me
- 1:03:47now now remember we had already talked
- 1:03:50about the confession
- 1:03:51but i tried to back out but once he got
- 1:03:53me in the cell and he got me into
- 1:03:55the coercion and he and he got me to
- 1:03:57talking
- 1:03:59then it was kind of like it was it was
- 1:04:02kind of like someone going to
- 1:04:04i would i would liken it to this you you
- 1:04:07have a
- 1:04:08you have a issue and you're seeing your
- 1:04:10psychologist every week
- 1:04:12trying to deal with this issue of
- 1:04:14something that occurred in your life
- 1:04:16and you can't really you can't really
- 1:04:18get it out and you have two or three
- 1:04:20sessions with a psychologist
- 1:04:22and one day you go to the psychologist
- 1:04:24and he says the right thing
- 1:04:25and it all comes gushing out at one time
- 1:04:28if you can kind of understand that
- 1:04:30situation you take that and you place it
- 1:04:34in the empty cell
- 1:04:35when it gets me in the empty cell the
- 1:04:37rehearsed
- 1:04:38uh fictitious story once he used the
- 1:04:41coercion he gets me in there and he gets
- 1:04:43the story flowing
- 1:04:44it kind of gushed out and at some points
- 1:04:46i was needing
- 1:04:47filler just to keep the conversation
- 1:04:49going so you get a stolen car where i
- 1:04:53drove up in the daughter's yard and you
- 1:04:56get other little stories that really
- 1:04:58aren't
- 1:04:59associated with the aggravating factors
- 1:05:02they're just fillers to keep the
- 1:05:03conversation going
- 1:05:05while we are still communicating on the
- 1:05:08writing pad
- 1:05:09or he was doing most of the
- 1:05:10communicating at that point
- 1:05:12the only thing i ever wrote on the pad
- 1:05:13was i said no
- 1:05:15i told you no i think that's how i wrote
- 1:05:17it i told you no
- 1:05:19and uh all right so then that
- 1:05:21conversation ends
- 1:05:22right yes that conversation and were you
- 1:05:24aware that he had taken the recording
- 1:05:26back to jail
- 1:05:26oh yeah well where else would he take
- 1:05:28the recording he had it on
- 1:05:29so he takes the recording back and i
- 1:05:31think it's over at that point
- 1:05:33okay so what happens a couple days later
- 1:05:36well
- 1:05:36i'm thinking it's over then five days
- 1:05:39later
- 1:05:40i look up there's at the door again he's
- 1:05:42got another writing pad in his hand and
- 1:05:43he hands me another note i'm wired and
- 1:05:44i'm like oh no not again
- 1:05:46not going to happen i won't come out of
- 1:05:48the cell i throw the tor i throw
- 1:05:50the note in the toilet and i don't want
- 1:05:52to come out of the cell this time
- 1:05:54but he gets me out of the cell and he
- 1:05:56takes me and
- 1:05:57and and what's interesting is that mr
- 1:06:00evans has stated in his deposition
- 1:06:03and although i don't know if he would if
- 1:06:05he testified on on
- 1:06:07sustain i can't go into what he stated
- 1:06:09okay well anyway
- 1:06:11there were allegations that uh
- 1:06:14i took him into that cell that were
- 1:06:17completely false
- 1:06:19so he took me into that cell on two
- 1:06:22occasions
- 1:06:23and the recording distinctly as i just
- 1:06:26said a minute ago if you listen to that
- 1:06:27recording
- 1:06:28he is found saying on that recording
- 1:06:30let's go in here
- 1:06:32so there's no dispute about hutoku in
- 1:06:34the cell so anyway he gets me into the
- 1:06:36cell
- 1:06:36the same cell on february the 10th
- 1:06:41that's i throw the note in the toilet he
- 1:06:43gets me i won't come out of the cell he
- 1:06:45finally gets him out of sale he takes
- 1:06:46him back to the
- 1:06:47to the same empty cell gets me into the
- 1:06:51cell
- 1:06:52and then he starts asking me specific
- 1:06:54questions okay what's he trying to get
- 1:06:55out of you
- 1:06:56the most thing that he wanted was the
- 1:06:58cause of death
- 1:07:00but that went right back to
- 1:07:03the reason i couldn't go to the police
- 1:07:05because i didn't know it
- 1:07:07and he knew that i didn't know the cause
- 1:07:09of death
- 1:07:10but what had happened was he told the
- 1:07:13cops
- 1:07:15i'm going to secretly record russell
- 1:07:17tillis and get this confession
- 1:07:20okay the cops believed him he comes in
- 1:07:24he he curses the bogus confession out of
- 1:07:27me he
- 1:07:28finally gets it he goes back the cops
- 1:07:30believe that he covertly recorded me
- 1:07:33well when there's not enough information
- 1:07:35on the recording and it lacks that
- 1:07:37important information of how was this
- 1:07:40person killed
- 1:07:41they come back to sammy evans and they
- 1:07:43say wear another wire
- 1:07:45you need to find out how how she was
- 1:07:48killed
- 1:07:48well sammy evans can't very well tell
- 1:07:50him look he doesn't know that
- 1:07:53that's why he wouldn't give the
- 1:07:54confession to you that's why i'm wearing
- 1:07:56the wire
- 1:07:57he couldn't tell him that because the
- 1:08:00cops thought he
- 1:08:01secretly recorded me so he puts the wire
- 1:08:04on
- 1:08:04but now he's in a catch 22. he's coming
- 1:08:06to me to ask for information
- 1:08:08that he knows i don't have so he gets me
- 1:08:11in the empty cell
- 1:08:12and then he starts he starts pumping me
- 1:08:14for that i take the writing pad and i
- 1:08:16write
- 1:08:17you're asking me for things you know i
- 1:08:19ain't got
- 1:08:21so so now you have a verbal
- 1:08:23interrogation going on the
- 1:08:25on the recording and you have an
- 1:08:27argument
- 1:08:28going on the writing pad and if you
- 1:08:31listen to the february 10th recording
- 1:08:34you'll notice something about that
- 1:08:36recording but you have to be looking for
- 1:08:38it
- 1:08:39it's not something that might jump out
- 1:08:40at the average person or the casual
- 1:08:42onlooker
- 1:08:43the recording starts and he's asking me
- 1:08:46questions
- 1:08:47then suddenly there's an abrupt change
- 1:08:50of subject
- 1:08:52what happened was he got me into the
- 1:08:54cell and he starts
- 1:08:55asking me questions he knows i can't
- 1:08:57answer then i get mad
- 1:09:00and i write on the tablet what are you
- 1:09:01doing
- 1:09:03you know i ain't got that information
- 1:09:04but he won't stop asking
- 1:09:06so the argument ensues on the writing
- 1:09:08pad when he sees my agitation
- 1:09:11and my my point of breaking you might
- 1:09:15say
- 1:09:15he abruptly changes the subject for a
- 1:09:18cool down session
- 1:09:20okay you read a couple more pages of the
- 1:09:22transcript the cool down
- 1:09:24the cooldown occurs and he resumes the
- 1:09:27interrogation
- 1:09:29then after four or five pages of asking
- 1:09:32me questions that he knows i can't
- 1:09:33answer
- 1:09:34the the argument on the writing pad
- 1:09:36heats back up
- 1:09:38he abruptly changes subjects again and
- 1:09:40he lets another cool down stage
- 1:09:42and that is a cycle you will see on that
- 1:09:45recording
- 1:09:46and that that what was occurring behind
- 1:09:49the scene
- 1:09:51explains why the abrupt changes the
- 1:09:54subject
- 1:09:54why is he suddenly questioning me about
- 1:09:56this and then he just
- 1:09:57abruptly changes and starts talking
- 1:09:59about his school years
- 1:10:01and then he goes back to this or he goes
- 1:10:02over to this
- 1:10:05my point is that if you look for that
- 1:10:07pattern it's there
- 1:10:10it i mean it's it's there it's evident
- 1:10:12it's there if you just take
- 1:10:14notice to look all right so so you never
- 1:10:17you don't know how she died so that's
- 1:10:19not on the on the audio right for the
- 1:10:21second conversation no no way
- 1:10:22and that like i say that was one of the
- 1:10:24problems with the whole
- 1:10:26whole bogus confession was and it was a
- 1:10:29fear of getting caught
- 1:10:31i didn't know the cause of death okay
- 1:10:33let me go back to some of the things
- 1:10:34that you've seen here this week um using
- 1:10:36pictures of your house right
- 1:10:37yeah okay tell us what you do for a
- 1:10:39living
- 1:10:40well what i did for a living when i was
- 1:10:44arrested what i was doing for a living
- 1:10:45yes sir
- 1:10:46not now well if you notice uh
- 1:10:50the pictures of the house uh i noticed
- 1:10:53one was some bed frames in a little sun
- 1:10:56room
- 1:10:56but if you notice in another room a
- 1:10:59bicycle backpacks
- 1:11:01a lot of odd things in
- 1:11:04what i there was a man named oliver that
- 1:11:07has a furniture store on main street
- 1:11:09he owns an empty lot at 16th and maine
- 1:11:13it's a big slab of concrete mr oliver
- 1:11:16let me use that big slab of concrete
- 1:11:19anytime i wanted to
- 1:11:21and i in exchange for using it i would
- 1:11:23mow the grass around the slab and pick
- 1:11:25the paper up pick trash up out of his
- 1:11:26lot
- 1:11:28now i would collect things like that
- 1:11:31beds frames backpacks uh
- 1:11:34i would collect miscellaneous furniture
- 1:11:38where would you get it from uh well
- 1:11:41one night have you ever heard of these
- 1:11:43people riding around and picking up
- 1:11:44steel out of garbage cans
- 1:11:46and then selling it for scrap well i
- 1:11:48decided to do that one night
- 1:11:49so i put a trailer had a couple of
- 1:11:51trailers hook it behind the truck i go
- 1:11:52out
- 1:11:53to this wealthy area and i ride around
- 1:11:56and i find this barbecue grill that's
- 1:11:57kind of rusted out and i pull over and
- 1:11:58i'm going to put it on the trailer
- 1:12:01and this guy races up and says hey he
- 1:12:02wants to fight you're
- 1:12:04you're interfering with my route that's
- 1:12:07my my grill this is my route i pick up
- 1:12:09the steel
- 1:12:10and i'm thinking i'm not fighting you
- 1:12:11over a rusted out grill you can have it
- 1:12:13but while this argument's going on and
- 1:12:15he's taking that rusted out grill from
- 1:12:17me
- 1:12:18i noticed a table a little small table
- 1:12:20sitting beside the street that was with
- 1:12:22the grill
- 1:12:23so he gets the grill and he leaves and i
- 1:12:25start looking at the table and i'm
- 1:12:26thinking
- 1:12:26that's a pretty nice table i took the
- 1:12:28table home okay
- 1:12:29and i had a pressure washer so i washed
- 1:12:31it wash it oh yeah well i was frequently
- 1:12:34washing things
- 1:12:35everything i'd get the first thing i did
- 1:12:37with it was wash it
- 1:12:38okay so so so if i put my trash out
- 1:12:41tonight
- 1:12:41and there's a trash can and an old
- 1:12:43dishwasher i wake up the next morning
- 1:12:45and the dishwasher's gone but my trash
- 1:12:47is still there you're the guy that came
- 1:12:48by the night and took it yeah i'm
- 1:12:49probably the guy that got that or a
- 1:12:50table most of mine was furniture because
- 1:12:52after that i very rarely picked up any
- 1:12:54scrap steel but i was forever picking up
- 1:12:57chairs tables furniture
- 1:12:58and another thing that i picked up
- 1:13:00frequently and those photographs
- 1:13:02will demonstrate is a little plastic
- 1:13:06like these tables small children use in
- 1:13:08their yard
- 1:13:09you know how you have you know you got a
- 1:13:10three-year-old kid you got your little
- 1:13:12plastic table or sandbox or i would pick
- 1:13:15those up
- 1:13:16and pressure wash them real good to
- 1:13:18where they look new and then when i went
- 1:13:20down to 16th and main
- 1:13:21one corner of the lot was free if it was
- 1:13:24a child's tory
- 1:13:26it was free and what that did was it it
- 1:13:30it drew the community to let me
- 1:13:33use that because you got to understand
- 1:13:35i'm in a i'm in a neighborhood
- 1:13:37where they hustle and it's a pretty
- 1:13:39rough neighborhood 16th in maine
- 1:13:41you know i'm a white long-haired white
- 1:13:42guy probably not easily accepted
- 1:13:45but once the local community realized
- 1:13:49that
- 1:13:50that the kids got everything if it was a
- 1:13:52kid's toy like
- 1:13:53i kept boxes of stuffed animals i would
- 1:13:55wash them in the washing machine
- 1:13:56and then i'd send them over there i'd
- 1:13:57give the kids stuff away the
- 1:14:00that little local community kind of
- 1:14:01accepted me and then twice a week
- 1:14:04i would go sell things on that corner
- 1:14:07and i averaged about between two and
- 1:14:09three hundred dollars every time i went
- 1:14:10down there
- 1:14:11that was one way one source of income
- 1:14:14another was
- 1:14:15the discovery exhibit the state offered
- 1:14:18the defense
- 1:14:19has some calendars in it and on that
- 1:14:21calendar there's figures written all
- 1:14:23over it
- 1:14:24i sold some scrap i did sell scrap and
- 1:14:27the third source of income
- 1:14:29was the pictures that the state showed
- 1:14:31you of my house
- 1:14:33one particular picture i don't remember
- 1:14:35the exhibit
- 1:14:36although we could run through it and
- 1:14:37find it there there's
- 1:14:39two driveways in my front of my house
- 1:14:41when you're facing the house
- 1:14:43the driveway on the right which some
- 1:14:46witnesses testified they seen me with a
- 1:14:48shovel
- 1:14:49digging around the driveway out front
- 1:14:51what i did was i put in a second
- 1:14:53driveway a second culvert
- 1:14:55and a second set of fences and then i
- 1:14:58fenced off that area
- 1:14:59and i rented it to a guy in a travel
- 1:15:01trailer so i got 350
- 1:15:03a month for that then i got a couple
- 1:15:05hundred dollars a week for
- 1:15:06selling the stuff to the down there on
- 1:15:0816th in maine and i probably sold maybe
- 1:15:10i don't know 100
- 1:15:11worth of scrap a week you know maybe 150
- 1:15:14every two weeks so my average come out
- 1:15:17to about
- 1:15:18i don't know 400 a week 350 a week but i
- 1:15:21didn't work
- 1:15:22as far as the i mean it was all tax-free
- 1:15:25money
- 1:15:26all right that's why the neighbors never
- 1:15:27could figure out how to pay the light
- 1:15:28bill
- 1:15:29hi mr let me get you back on the case
- 1:15:31all right all right you saw tabitha hogg
- 1:15:33this week testify against you yeah i've
- 1:15:35seen all that
- 1:15:36tell us how you know top of the hog well
- 1:15:39uh i picked her up one day over there in
- 1:15:43phillips highway like she told you
- 1:15:44and i got her to get me a box of sudafed
- 1:15:46so i could uh if i could cook some
- 1:15:48methamphetamine
- 1:15:49i mean it's true i did that
- 1:15:52okay i know it sounds bad but i did that
- 1:15:55what was your relationship with her
- 1:15:57well yeah it wasn't really a
- 1:15:58relationship but uh
- 1:16:01she they call that a smurf it's a legal
- 1:16:03name
- 1:16:04i don't know if it's in the law books
- 1:16:05but on the street
- 1:16:07it's a it's a name that uh you apply to
- 1:16:10a person that buys pseudofed for you
- 1:16:14sudafed has in it an active ingredient
- 1:16:17methamphetamine and what you do is you
- 1:16:19take the pseudofed
- 1:16:20and you run it through an extraction
- 1:16:22process you don't make the
- 1:16:23methamphetamine
- 1:16:24you simply extract it out of the pill so
- 1:16:28you you get this box of sudafed you get
- 1:16:31a smurf
- 1:16:32to buy the sudafed for you and then you
- 1:16:34take the
- 1:16:35the 10 pills in the box and you run them
- 1:16:37through an extraction process
- 1:16:39and it'll get you about 1.8 grams of
- 1:16:41methamphetamine
- 1:16:42so she was a smurf basically and she
- 1:16:45hung out at the house and she kept some
- 1:16:47clothes there and she'd come back and
- 1:16:48forth and
- 1:16:49she wasn't really that bad a girl i mean
- 1:16:51she was on the street strong out on
- 1:16:53drugs but she wasn't really that bad of
- 1:16:54a girl
- 1:16:54did you ever have sex with her back then
- 1:16:56well
- 1:16:58i yeah there was there was sexual
- 1:17:00encounter but the relationship wasn't
- 1:17:02really sexual but i mean
- 1:17:04you know occasionally she'd come over
- 1:17:05there and there was nobody else around
- 1:17:07or something she might
- 1:17:08hang out and do that but the
- 1:17:10relationship wasn't based
- 1:17:11on a sexual relationship you follow what
- 1:17:14i mean
- 1:17:14yes yeah i mean i'm not saying it didn't
- 1:17:17occur on occasions but
- 1:17:18how many occasions i don't remember but
- 1:17:21it wasn't it wasn't about that
- 1:17:22really okay she she alleges that you
- 1:17:26chained her to the bed yeah yeah she
- 1:17:28made some she made some pretty wild
- 1:17:29allegations
- 1:17:30yes sir to the tree that didn't exist
- 1:17:32yeah she made that too
- 1:17:33is any of that true no but she she was
- 1:17:35in jail
- 1:17:36and and the reason i went down there is
- 1:17:39because like i said she wasn't really
- 1:17:40that bad a girl
- 1:17:41and uh she didn't have anybody to give
- 1:17:43her any money
- 1:17:44so i put a little money on her books i
- 1:17:46go down and see her once a week
- 1:17:48because when you're in jail it's nice to
- 1:17:51get a little mail
- 1:17:52and it's and it's nice to get a visit
- 1:17:54those kind of things
- 1:17:56really really help you while you're in
- 1:17:59jail
- 1:18:00and having been in jail i understand
- 1:18:03that
- 1:18:04i understand what it's like to be there
- 1:18:07and
- 1:18:08there'd be nobody so i went down there
- 1:18:12i put money on the books i seen her she
- 1:18:14says well i'm getting out come pick me
- 1:18:15up i'll go pick her up
- 1:18:17but during the course of visiting her
- 1:18:19and putting money on her books she gave
- 1:18:20me this story well i'm gonna be clean
- 1:18:22now don't misunderstand me i wasn't drug
- 1:18:24free
- 1:18:25by no means but
- 1:18:28any any drugs i did you might say it was
- 1:18:31a functional
- 1:18:33a functional kind of drug it wasn't a a
- 1:18:36drug
- 1:18:36house where druggies all come and got
- 1:18:38high and what i didn't i didn't live
- 1:18:40that sort of style
- 1:18:41although i did occasionally use drugs so
- 1:18:44during the course of her being in jail
- 1:18:47she alleges well hey i'll get out of
- 1:18:49jail we'll clean up a little bit
- 1:18:51you know i've been dry i've been
- 1:18:52cleaning this amount of time i'm going
- 1:18:54to clean up
- 1:18:54so i go pick her up and as soon as she
- 1:18:56gets in the car she wants to go get some
- 1:18:57heroin
- 1:18:58and i told her i said well now she gets
- 1:19:00out of jail she's got her things she
- 1:19:01gets in the car
- 1:19:03she wants to go get some heroin and i
- 1:19:05said well you know
- 1:19:06you want to go get heroin i'll drop you
- 1:19:07off i mean myself i don't
- 1:19:10heroin is in pills that's not my drug i
- 1:19:12don't i don't mess with heroin
- 1:19:14or pills but uh i said well if you want
- 1:19:16to get some hair when i drop you off
- 1:19:17but i ain't waiting for you i ain't
- 1:19:19coming back to get you i drop her off
- 1:19:22and she stays there three two three four
- 1:19:24days probably four maybe five days
- 1:19:27shows up at the house she wants her
- 1:19:28stuff but she knows
- 1:19:30she knew not to bring anybody to my
- 1:19:33house a stranger
- 1:19:34that's the last thing i do is let a
- 1:19:36stranger in my house like that some
- 1:19:38other strange man i i i'm not that of
- 1:19:41that kind of mind
- 1:19:43so it was raining she comes back to get
- 1:19:45her stuff she gets some guy to drop her
- 1:19:47off
- 1:19:47she comes up to the house it's raining
- 1:19:49she wants her stuff i said there's your
- 1:19:50stuff
- 1:19:51and then i make her leave before she got
- 1:19:53hot and that's mostly where this
- 1:19:55testimony came from
- 1:19:56okay so it was just because she was mad
- 1:19:58at you yeah well i put her out in the
- 1:19:59rain with her bag of stuff and she
- 1:20:00wanted to ride i said i ain't giving you
- 1:20:02a ride i ain't got time
- 1:20:03i was doing something else and she she
- 1:20:06went away in the rain with her bag but
- 1:20:08it was grudgingly and then suddenly now
- 1:20:10she's testifying against me
- 1:20:12to a tree that didn't exist okay let's
- 1:20:15talk about why we're here
- 1:20:16why are we here mr fletcher before we do
- 1:20:20that we've been at it
- 1:20:21a little over an hour so let's take a
- 1:20:24comfort stretch break
- 1:20:25members of the jury do not discuss the
- 1:20:27case and we'll see you back in just a
- 1:20:28few moments
- 1:20:44hmm
- 1:21:41let's go back on the record uh mr
- 1:21:43mizrahi
- 1:21:44is there something you want to do
- 1:22:22okay
- 1:22:28mr fletcher
- 1:22:54well i understand where state's coming
- 1:22:55from i'm not sure
- 1:22:57i'll take it under advisement uh i'll
- 1:22:59ask that the state proffer those
- 1:23:01questions before
- 1:23:02um certainly he
- 1:23:05they get asked in front of the jury
- 1:23:09it may
- 1:23:12there's no question that the defendant
- 1:23:15did
- 1:23:16unsolicited mention that he is familiar
- 1:23:19with aggravating factors and
- 1:23:21what uh um what they are and what that
- 1:23:24means
- 1:23:26whether or not he
- 1:23:30has the knowledge or indicated in front
- 1:23:32of this jury that he has the specific
- 1:23:33knowledge about
- 1:23:34aggravating factors relating to prior
- 1:23:37violent felony convictions
- 1:23:39that's an issue that the court will
- 1:23:42consider in whether or not i would uh
- 1:23:45grant the state's
- 1:23:46request so in any event we'll
- 1:23:49we'll proffer it if that's what the
- 1:23:51state wants if state still intends to
- 1:23:53to go down that route obviously it's
- 1:23:56clearly unusual for a defendant to
- 1:23:59indicate knowledge on direct examination
- 1:24:03of
- 1:24:03aggravating factors so
- 1:24:05[Music]
- 1:24:08in any event that's that's my ruling or
- 1:24:10non-ruling at this point
- 1:24:13now i'd prefer to wait until after
- 1:24:14direct examination you can probably do
- 1:24:16it at the beginning we'll see how much
- 1:24:17longer the direct is
- 1:24:19we may take another break we may break
- 1:24:21for the evening
- 1:24:22we'll just see where we're at at the
- 1:24:24appropriate time
- 1:24:25okay are we ready to bring the jury back
- 1:24:29let's bring him back
- 1:25:04i think he may be seated and
- 1:25:07members of the jury of course it's about
- 1:25:084 30 remember i
- 1:25:10told you all yesterday that i couldn't
- 1:25:12promise you every night that we would be
- 1:25:14done at the close of business i suspect
- 1:25:16tonight we won't be
- 1:25:17uh finished at the close of business try
- 1:25:19not to keep you too late tonight
- 1:25:20but i just don't want you to think if we
- 1:25:22get close to five that we're getting
- 1:25:23ready to wrap up because that
- 1:25:24that may not be the case this evening so
- 1:25:27uh y'all are doing a great job
- 1:25:29uh staying awake and alert please
- 1:25:32continue with that
- 1:25:32if at any time you need a break
- 1:25:36if you need to just stand up for a
- 1:25:38second and take a stretch break and
- 1:25:41and wake yourself up or something please
- 1:25:42feel free to do that
- 1:25:44or get my attention and we'll take
- 1:25:46another quick break but with that
- 1:25:48let us continue mr
- 1:25:53your fletcher mr tillis i think i
- 1:25:56i ended with let's talk about why you're
- 1:25:58here
- 1:25:59right yes sir okay so tell me about the
- 1:26:03you've already told the jury that you
- 1:26:04knew that there was a body in the
- 1:26:05backyard right
- 1:26:06yes sir i have all right tell me about
- 1:26:08that day what happened
- 1:26:12uh well specific what day
- 1:26:15the the day that the body was put in
- 1:26:18your okay okay
- 1:26:19okay that's specific knowledge of how
- 1:26:22that occurred
- 1:26:24i uh i was at home in my residence
- 1:26:29i want to say it was april the 24th my
- 1:26:32birthday is the 22nd
- 1:26:33it was after my birthday before the end
- 1:26:35of the month i'm saying 24th
- 1:26:3725th and uh my brother arrives
- 1:26:40he calls me on the phone and uh
- 1:26:46he uh he uh asked me was i busy
- 1:26:50i told him no i always keep my front
- 1:26:52gates locked
- 1:26:53i have neighbors that call the police
- 1:26:54every day you know
- 1:26:57three times a day sometimes the police
- 1:26:59are on the street in front of my house
- 1:27:01my gates are always locked
- 1:27:04uh he calls me on the phone and he says
- 1:27:05i open the gates man i'm on my way over
- 1:27:08so i um i go out and open the gates
- 1:27:11and i hang around for him to drive up in
- 1:27:13the yard so i can lock him behind him
- 1:27:15and he drives up in the yard but he
- 1:27:18doesn't get out of the car
- 1:27:20and uh after i lock the gates he says
- 1:27:22open the garage up
- 1:27:24so i opened a garage that garage where
- 1:27:26you've seen those tools and all it's a
- 1:27:28six-car garage
- 1:27:30it's a very very large garage open the
- 1:27:33door and he drives the car in the garage
- 1:27:34he gets out and he's a little uh he's a
- 1:27:36little distraught
- 1:27:37a hysterical kind of put off
- 1:27:41and uh he said he needs some help so
- 1:27:44so he gets out of the car and uh
- 1:27:48he wants me to help him with a problem
- 1:27:50he goes around the back of the car and
- 1:27:51he opens the trunk
- 1:27:53and uh that's the first time i've seen
- 1:27:55johnny gunner
- 1:27:58what did you see well she was
- 1:28:02she was in the trunk and there was a
- 1:28:03mass amount of blood on her chest
- 1:28:07when she was dead he wanted me to get in
- 1:28:10the car with him
- 1:28:11and help him go down the street and
- 1:28:12dispose of him but i wouldn't get in the
- 1:28:14car
- 1:28:16i'm not getting in the car absolutely
- 1:28:19not
- 1:28:21okay so what happened next
- 1:28:25well after a brief confrontation about
- 1:28:28me getting
- 1:28:28me not getting in the car that
- 1:28:30conversation ended
- 1:28:32okay was your brother trying to get you
- 1:28:33to cover for you for him
- 1:28:36well he was trying to get me to assist
- 1:28:37him you know
- 1:28:40and and uh in covering up whatever had
- 1:28:44occurred
- 1:28:45mind you i don't know nor would have i
- 1:28:47ever questioned him
- 1:28:49about how how ms gunter met her death
- 1:28:53that i never i never breached that
- 1:28:54conversation with him
- 1:28:57okay so why did he come to you have you
- 1:28:59covered for him in the past
- 1:29:01well uh many times you gotta understand
- 1:29:04we're
- 1:29:04both in our mid 50s close age
- 1:29:08as the detective testified uh my brother
- 1:29:12was once caught with a stolen truck in
- 1:29:13his body shop
- 1:29:15that is one uh documented
- 1:29:18situation the uh
- 1:29:22the bill of sale that uh
- 1:29:26that detective sullivan was talking
- 1:29:27about was used
- 1:29:29in that stolen truck situation was
- 1:29:32written in my handwriting
- 1:29:34and i'm the one that provided that bill
- 1:29:37of sale for him to uh
- 1:29:39elude arrest for the stolen truck okay
- 1:29:42so tell the jury a little bit about how
- 1:29:43you
- 1:29:44accomplished that okay so i'm at home
- 1:29:46one day
- 1:29:47i don't remember the day i just remember
- 1:29:49it was the middle of the summer
- 1:29:51about 4 14 2014
- 1:29:54summer june july you'd have to check the
- 1:29:57police reports to get the date because i
- 1:29:58don't know
- 1:29:59him and uh my brother calls me on the
- 1:30:02phone and he's hysterical
- 1:30:04pretty much not not quite as bad as it
- 1:30:07was when he showed up at my house with
- 1:30:09miss gunter
- 1:30:10but he was hysterical and he said uh
- 1:30:13i need some help and uh
- 1:30:16the police are all over my all over my
- 1:30:17house and i got a hot truck in the shop
- 1:30:20and i need some help he said my son's
- 1:30:23going to be over there in a minute
- 1:30:26so he hangs up and his son shows up just
- 1:30:29a few minutes later
- 1:30:31son drives up and he said uh dad sent me
- 1:30:34over here
- 1:30:35you know so i uh
- 1:30:39i asked him for the vin number off the
- 1:30:40vehicle because in florida it's an open
- 1:30:43title law you don't have to have a
- 1:30:48you don't have to have a notarized title
- 1:30:50it can be open
- 1:30:51so uh bill of sale is a legal tender
- 1:30:54doesn't have to be notarized
- 1:30:57so but i had to have the vin numbers you
- 1:30:58can't write a bill of sale without
- 1:31:00without an id number on it so i asked
- 1:31:02him for the vin number
- 1:31:04he said he didn't have it my brother had
- 1:31:06just told me on the phone that the
- 1:31:07police were all over his house
- 1:31:09so i take a deed some of the property
- 1:31:11that i'm living on
- 1:31:13and i get in the truck and i go to my
- 1:31:16brother's house
- 1:31:17and i get out with the deed and there's
- 1:31:18cops everywhere they got two records in
- 1:31:21there
- 1:31:21they're retrieving the stolen vehicle
- 1:31:23they're retrieving the vehicle that the
- 1:31:24stolen parts are going on
- 1:31:26and there's cops everywhere probably
- 1:31:2830-40 cops in the yard
- 1:31:31so i uh
- 1:31:34the police wouldn't let me on the
- 1:31:35property first and then i flashed the
- 1:31:38the deed which looked like a legal
- 1:31:39document and i told them that there was
- 1:31:41some
- 1:31:42real estate transactions and that i
- 1:31:44needed my brother's signature because
- 1:31:45the attorney was waiting on him
- 1:31:47and i didn't have time with his you know
- 1:31:49i mean if he couldn't let me go to my
- 1:31:50brother to get the signature he had to
- 1:31:52go get my brother and bring him to me
- 1:31:53i had to have the signature so he let me
- 1:31:55cross the little
- 1:31:56line there and go into the yard once i
- 1:31:59got into the yard i told my brother i
- 1:32:00said i'll
- 1:32:02point the truck out so he did
- 1:32:06so i told him i said well the minute i'm
- 1:32:09going to tell i got to use the bathroom
- 1:32:11you direct me over here against the
- 1:32:12fence you pull the cop off that truck
- 1:32:15so i went over to the fence to to
- 1:32:18to use the bathroom and he draws the
- 1:32:20cops attention
- 1:32:21i sneak around the vehicles i get the
- 1:32:24vin number off the dash
- 1:32:26i leave so i go back to the house
- 1:32:29and there's no one the time frame there
- 1:32:31was no one to write the bill of sale i
- 1:32:33didn't
- 1:32:33normally i would never use my penmanship
- 1:32:36to put on a
- 1:32:37on a document like that for fear of
- 1:32:40uh handwriting samples coming back to me
- 1:32:44so but the time frame it didn't have
- 1:32:46time
- 1:32:48so i wrote the bill sale myself that he
- 1:32:49had bought it from a girl named julie
- 1:32:52something i can't remember the last name
- 1:32:54i used and uh
- 1:32:56then i called my nephew his son and i
- 1:32:59said i
- 1:32:59come by get the bill of sale so he came
- 1:33:01by and got the bill of sale
- 1:33:03and uh i instructed him what to do he
- 1:33:06took the bill of sale to my brother they
- 1:33:07produced it to the police
- 1:33:08the police confiscated both vehicles
- 1:33:11they hailed the vehicles
- 1:33:13they searched for the person on the bill
- 1:33:15of sale which was a victious person
- 1:33:17they never found and eventually not only
- 1:33:20did the police give the stolen vehicle
- 1:33:22back to my brother with a clear title
- 1:33:24they gave him back the automobile that
- 1:33:25he was putting the stolen parts on
- 1:33:29so that that is a documented
- 1:33:33event where he has spontaneously called
- 1:33:36me
- 1:33:36for that sort of assistance but that is
- 1:33:40not the only time that man has ever
- 1:33:42stepped up to the plate
- 1:33:44on a spontaneous moment and said look i
- 1:33:47need some help
- 1:33:48help me and he
- 1:33:51he uh he knows i'll help him he's my
- 1:33:54brother
- 1:33:58okay and after your arrest in the
- 1:34:01homicide case did you
- 1:34:03tell detective sullivan that you're not
- 1:34:05going to get a brother
- 1:34:07did you make that well i had an attorney
- 1:34:10once
- 1:34:11i told him the story
- 1:34:16he told me that uh if i would reveal
- 1:34:19everything i knew
- 1:34:20that i could trade that information to
- 1:34:22the state
- 1:34:23and and i wouldn't have to suffer the
- 1:34:25murder charge
- 1:34:28one of the court-appointed attorneys i
- 1:34:30believe it was carlisle but i'm not sure
- 1:34:33but i told carl allen i said no i'm not
- 1:34:36going to get on the stand and testify
- 1:34:38against my brother
- 1:34:39i told sullivan when he took me to the
- 1:34:41jail
- 1:34:42i'm not going to do that i sit here now
- 1:34:45and i tell the story
- 1:34:46yes i do and i will tell the whole story
- 1:34:50but let's say the scenario is
- 1:34:53that that suddenly the state hears this
- 1:34:56and they go arrest him
- 1:35:00i'm not going to get understand and
- 1:35:01testify against him i wouldn't
- 1:35:03give a rat's ass what they do to me that
- 1:35:05ain't going to happen
- 1:35:07i will tell my story and what i did and
- 1:35:10that's as far as i go
- 1:35:11the involvement of my brother well
- 1:35:15that's the reason i put him in the
- 1:35:16confession so when i got the death
- 1:35:19penalty he'd know
- 1:35:24that you were covering for him no that i
- 1:35:26was taking the death sentence for
- 1:35:28him well let me back you up
- 1:35:31you were in jail on that second degree
- 1:35:34felony
- 1:35:35yeah and you got indicted in this case
- 1:35:37right yeah
- 1:35:38and then that second degree felony got
- 1:35:41disposed
- 1:35:42of yeah that lane campbell
- 1:35:46that testified the house she rented next
- 1:35:49door to her
- 1:35:50i told my lawyer that those people hated
- 1:35:52me so much they saved that
- 1:35:54arrest video i knew they had it and i
- 1:35:57told my lawyer i said they'll never
- 1:35:59throw it away they'll save it for a
- 1:36:00souvenir
- 1:36:02a year later when the body was recovered
- 1:36:05yes we came running out with the video
- 1:36:08so your lawyer got the video yeah and
- 1:36:09that's how he got it she had saved it
- 1:36:11for a souvenir
- 1:36:12and then when she seen the body being
- 1:36:14dug up and all the media
- 1:36:15she thought she was hurting me by
- 1:36:17running out and offering the video here
- 1:36:19i have his arrest
- 1:36:20would you like to see when he was
- 1:36:21arrested and what did the video not have
- 1:36:24in it
- 1:36:25the knife standoff it immediately proved
- 1:36:29the cops had lied they had not just
- 1:36:32fabricated a report
- 1:36:33they had written a complete lie a whole
- 1:36:37page
- 1:36:38describing a knife standoff that never
- 1:36:40occurred
- 1:36:41and then what did this man do he put the
- 1:36:43cop on the stand anyway
- 1:36:45and took me into a trial and tried to
- 1:36:46give me 30 years knowing the cop was
- 1:36:49lying
- 1:36:51didn't you name mr rahee mr
- 1:36:54mr tillis just answer the questions yes
- 1:36:56sir
- 1:36:57mr tell us did did you eventually get
- 1:37:00offered time served in that case
- 1:37:02yeah well what happened was i run across
- 1:37:04a guy named james boyle
- 1:37:06well i tell you i was having a hard time
- 1:37:07getting the lawyer to help me
- 1:37:09but but the investigator that i had
- 1:37:11gotten when i was representing myself
- 1:37:13she took a liking to me once she started
- 1:37:15seeing what was going on
- 1:37:17she said i'll help you for nothing you
- 1:37:18don't even have to pay me
- 1:37:21so at that point i run across a guy
- 1:37:25named james boyle he was a public
- 1:37:26defender
- 1:37:28and he come over to the jail i was
- 1:37:29representing myself and he says
- 1:37:31if you relinquish your pro se status and
- 1:37:33let me represent you
- 1:37:35i'll help you i said he talked me into
- 1:37:38it
- 1:37:39i mean the guy he sounds sincere i
- 1:37:42couldn't
- 1:37:43i mean i might be smart and i might know
- 1:37:44a little bit about the law but i'm not a
- 1:37:46litigator i can't come into this
- 1:37:48courtroom and litigate a case
- 1:37:50i mean way over my head so i accepted
- 1:37:52his offer
- 1:37:53so then i told that's when the the body
- 1:37:55was being resumed
- 1:37:57the media jumped off immediate coverage
- 1:38:00and then i tell him i'm telling you
- 1:38:03i told him where the video was of my
- 1:38:05arrest i said if you want to help me in
- 1:38:07the aggravated assault
- 1:38:08go get the video and he told me
- 1:38:11once i get the video they'll take me off
- 1:38:13your case
- 1:38:15and they did the video come up in the
- 1:38:17news the video popped up
- 1:38:18and they removed him from my case the
- 1:38:20public defender's office did
- 1:38:21they didn't want him helping me but what
- 1:38:23happened was
- 1:38:25at that about a month or two after they
- 1:38:27took him off the case
- 1:38:28he went into private practice go figure
- 1:38:31so then i get in an argument with my
- 1:38:33lawyers
- 1:38:34i fired maybe 20 lawyers back to back
- 1:38:37back to back
- 1:38:38i was steady firing them and i was
- 1:38:40catching a hard time from your honor
- 1:38:42brillo there
- 1:38:43terrible hard time but i was firing them
- 1:38:45left and right
- 1:38:47eventually the court appointed
- 1:38:50mr boyle to represent me he left the
- 1:38:52public defender's office went in private
- 1:38:54practice
- 1:38:56and judge bruhler appointed to represent
- 1:38:58me and the guy stuck true to his word he
- 1:39:00helped me he took me into court took me
- 1:39:02into the trial
- 1:39:03but he wasn't a real little a real good
- 1:39:05litigator but the guy had a good heart
- 1:39:07and he was trying to help me
- 1:39:09that was worth a lot so we get a
- 1:39:11mistrial state was withholding evidence
- 1:39:14go figure so anyway we end up with a
- 1:39:17mistrial
- 1:39:18so we scheduled a new trial 30 days away
- 1:39:21but mr mizrahi he was fighting at the
- 1:39:23chunk at the bit there he wanted to
- 1:39:25proceed with the death case
- 1:39:27so he says look we'll just plea out to
- 1:39:30the aggravated assault and we won't use
- 1:39:31it against you during the murder case
- 1:39:33let's just drop it move on into the
- 1:39:34murder
- 1:39:36i was having a hell of a fight so i
- 1:39:38agreed to the deal
- 1:39:40and here i am okay so but the 30 years
- 1:39:43went away
- 1:39:44go figure 30 years went away but but now
- 1:39:47you've confessed to
- 1:39:48a first reporter and sex trafficking
- 1:39:52and human trafficking yeah all that
- 1:39:54stuff right i've done all that yes sir
- 1:39:56okay was any of that stuff really done
- 1:39:58by you well
- 1:40:00it was a hell of a mess you know
- 1:40:03but all right so
- 1:40:07as you're proceeding through the court
- 1:40:09system on the first degree murder case
- 1:40:12you want all your lawyers and i think
- 1:40:13i'm your 12th right
- 1:40:15well i haven't counted but but you're up
- 1:40:17there you're in the digit double digits
- 1:40:19yes sir double digits
- 1:40:20and i've tried to fire you multiple
- 1:40:21times okay yeah
- 1:40:23um there was one person you wanted to be
- 1:40:26brought
- 1:40:26to the courtroom that whole time who was
- 1:40:28that
- 1:40:30sammy evans yeah but see
- 1:40:34the thing was when i was telling my
- 1:40:36lawyers that
- 1:40:37that sammy and i were that he that that
- 1:40:40i was aware that he was wearing the wire
- 1:40:43and that he had none of my lawyers
- 1:40:46believed me
- 1:40:46none of them they kept telling me you're
- 1:40:49nuts mandy
- 1:40:50the dude had a wire on he caught you you
- 1:40:52confessed to a murder
- 1:40:53you're gonna have to wear it you did it
- 1:40:57and i said no you don't understand this
- 1:40:59dude i knew he was wired
- 1:41:00but evans he had a very convincing story
- 1:41:03and he had the police to back him up
- 1:41:05no evans evans recorded him secretly
- 1:41:09even the cops all thought he did so no
- 1:41:11one believed me
- 1:41:12nobody but then again nobody believed me
- 1:41:16the cops were throwing rocks at my house
- 1:41:18but i proved that nobody believed that
- 1:41:20the knife standoff never happened
- 1:41:22but i proved that nobody believed that
- 1:41:25sammy
- 1:41:25was that i knew he was wired nobody
- 1:41:27believed it but i proved that too
- 1:41:30didn't i how did you prove that what'd
- 1:41:33you do
- 1:41:35desperation despair despair and
- 1:41:38desperation
- 1:41:40right i got mad at you because i wanted
- 1:41:43to forge the note i'm wired
- 1:41:45and i wanted you to help me but ethical
- 1:41:47reasons you couldn't do it but i had to
- 1:41:49respect that
- 1:41:50i mean you jeopardized your career
- 1:41:52bringing false information into the
- 1:41:54court and lying to judge brillo
- 1:41:55i really couldn't hold that against you
- 1:41:57i can't do that well yeah right
- 1:41:59so what i did was i filed a motion to
- 1:42:01waive counsel and i kicked him out of
- 1:42:03the way
- 1:42:04i can do it i'm not hold i'm not held to
- 1:42:07any ethical standards in front of this
- 1:42:08judge
- 1:42:10after what i've been through in this
- 1:42:11courtroom i didn't really care
- 1:42:14okay so at that point i was fired right
- 1:42:16yeah you were fired you were stand by
- 1:42:17council you were still present but you
- 1:42:19just
- 1:42:20come to court when you came yeah and
- 1:42:21you'd stand beside me but i was the
- 1:42:23lawyer
- 1:42:24tell the jury what you did so what i did
- 1:42:25was evans had written several letters to
- 1:42:28the police
- 1:42:29begging for assistance as soon as he
- 1:42:32turned in that
- 1:42:33tenth recording he wrote a letter he was
- 1:42:36wanting to get paid
- 1:42:37i'm telling you that man was desperate
- 1:42:40and he was obsessed with getting out
- 1:42:42trading that body for the for the
- 1:42:44assistance and he was begging for it
- 1:42:46but what happens with in a case a
- 1:42:48criminal case is
- 1:42:50if if the state receives some evidence
- 1:42:53they must give it to me so i can examine
- 1:42:55it so they had to give me salmon
- 1:42:58sammy evans letters sammy evans has a
- 1:43:01very distinct handwriting
- 1:43:04so what i did was i took the letter and
- 1:43:06i took some drawing paper that was kind
- 1:43:08of clear
- 1:43:09and i laid it on top of it and i drew a
- 1:43:11grid
- 1:43:13because evan's slant to the left with
- 1:43:16his letters
- 1:43:16a very unusual handwriting
- 1:43:20so once i got the grid drew to
- 1:43:23his handwriting i took the grid and i
- 1:43:26laid a piece of paper over the top of it
- 1:43:28because i remembered i'm wired was
- 1:43:32written right in the middle of the page
- 1:43:34it was only two words i couldn't confuse
- 1:43:36them but they had to look
- 1:43:38good and he had that distinctive
- 1:43:39handwriting so it took me about
- 1:43:42i'm representing myself i'm the lawyer
- 1:43:45so it took me about two weeks so i
- 1:43:48forged the note
- 1:43:49i'm wired and it looked good
- 1:43:53so then now i've got the note i put it
- 1:43:56in an envelope
- 1:43:57now i allege that is the note he gave me
- 1:44:01then i file a motion i need a
- 1:44:03handwriting expert
- 1:44:04because i'm going to put this letter in
- 1:44:07sammy evan's hand
- 1:44:09i need a i need a fingerprint analysis
- 1:44:11expert
- 1:44:12because his fingerprints are on it he
- 1:44:14gave me the note
- 1:44:16but i knew it was forged so i turned my
- 1:44:19emotions into the court just like a
- 1:44:20lawyer
- 1:44:21but what does judge grillo do true to
- 1:44:23his prejudice
- 1:44:24to all pro se litigants he denies all
- 1:44:27the motions
- 1:44:28he won't give them to me had he granted
- 1:44:31the motion for the fingerprint expert
- 1:44:34and and the handwriting expert it would
- 1:44:37have proved the note was
- 1:44:39forgery and i'd have been caught in my
- 1:44:41line
- 1:44:42or my strategic perjury whatever you
- 1:44:44want to call it
- 1:44:46so but judge brillo he played right into
- 1:44:49the prejudice
- 1:44:50i'm not granting any of your emotions mr
- 1:44:52tillis this is what we're going to do
- 1:44:54we're going to photograph this note and
- 1:44:57we're going to show it to sammy evans
- 1:44:59and we're going to give him the
- 1:45:00opportunity to either deny
- 1:45:03or admit writing the note so i made a
- 1:45:06big fanfare
- 1:45:07out of this note in the courtroom and it
- 1:45:10was a big drama scene
- 1:45:11and i lay the note on the table and mr
- 1:45:13mizrahi photographs it
- 1:45:16and he takes it to sammy evans and he
- 1:45:18shows evans the photograph and what
- 1:45:20happens
- 1:45:21sammy evan's conscience begins working
- 1:45:23on him
- 1:45:24he knows he wrote the note he knows the
- 1:45:26truth
- 1:45:28now is now his lawyer's telling him look
- 1:45:31if you wrote the note
- 1:45:32this guy's fixing to get a fingerprint
- 1:45:34expert if your fingerprints are on that
- 1:45:35note boy you're in trouble
- 1:45:37now his conscience is working on him
- 1:45:39pretty good so what does he do
- 1:45:41he admits to writing the note he admits
- 1:45:44to some of the truth but you got to
- 1:45:47understand
- 1:45:48sammy evans has already got partial
- 1:45:51payment
- 1:45:52for his assistance for his bo for giving
- 1:45:55the state the body
- 1:45:56he has already received partial
- 1:45:59assistance
- 1:46:01sustained okay so anyway
- 1:46:06so so now evans admits yeah yeah he
- 1:46:09admits
- 1:46:10he admits to writing it but he won't he
- 1:46:12won't admit to the whole truth
- 1:46:14i mean he's he's been caught in a lie
- 1:46:17he's he's deceived the police he's
- 1:46:19deceived the state
- 1:46:20he's he's been seeking assistance he's
- 1:46:22written letters
- 1:46:23and now and now he's got to stand up and
- 1:46:26he's got to say
- 1:46:27yeah okay i lied i mean it's a pretty
- 1:46:29bad moment
- 1:46:30but now i'm still the lawyer okay i'm
- 1:46:33still representing myself and mr
- 1:46:35fletcher is a standby council
- 1:46:37so what do i do then i file a motion i
- 1:46:40want to take mr evans deposition
- 1:46:42so i have the state attorney bring mr
- 1:46:44evans to the state attorney's office and
- 1:46:46he sits across the table from me
- 1:46:47and i am the lawyer i take his
- 1:46:50deposition
- 1:46:51whereupon he admits yeah i wrote the
- 1:46:54note
- 1:46:55yeah i lied to the police he tells some
- 1:46:58of the truth
- 1:46:59but he's grudgingly holding on to all
- 1:47:02other parts
- 1:47:03he won't relinquish them but he knows
- 1:47:06he knows the truth okay mr um
- 1:47:10mr tillis did you murder jody gunter
- 1:47:12absolutely not
- 1:47:14thank you sir that's all i have okay
- 1:47:20cross-examination
- 1:47:34oh
- 1:47:59mr tillis to begin i want to make sure
- 1:48:01that we're clear about
- 1:48:03have you ever been convicted of a felony
- 1:48:06yes sir
- 1:48:07and that the number was 14 correct yeah
- 1:48:09i believe that with the number yes sir
- 1:48:11okay you know it's the number yeah okay
- 1:48:15and you have been convicted of a crime
- 1:48:17involving dishonesty or false statement
- 1:48:19correct
- 1:48:19yes sir i believe i have one of those
- 1:48:21okay and in this very case
- 1:48:24just a few minutes ago you coined the
- 1:48:28phrase
- 1:48:29strategic perjury
- 1:48:32what does that mean to you that means
- 1:48:36when you're facing death
- 1:48:37and you know that this man is going to
- 1:48:39go in front of a jury and lie to the
- 1:48:41jury and get you a death penalty
- 1:48:43because he's written it in the letter to
- 1:48:45the cops
- 1:48:46i'll testify against mr tillis he was
- 1:48:48telling the detective
- 1:48:49i'll go into the courtroom and i'll lie
- 1:48:51and i'll get mr tillis a death penalty
- 1:48:55so despair despair depression
- 1:48:58desperation i strategically purge
- 1:49:01myself i forge a note and i trick him to
- 1:49:04tell the truth
- 1:49:05i did that right you will
- 1:49:09perjure yourself when strategically
- 1:49:13it benefits you correct i think when the
- 1:49:17truth is involved
- 1:49:18all means are all means are on mr tillis
- 1:49:22when the truth is involved
- 1:49:24lying is what is necessary is that what
- 1:49:28you're saying
- 1:49:30no that is not what i'm saying mr tillis
- 1:49:33you have the greatest interest of any
- 1:49:35witness in how this case is decided
- 1:49:36correct
- 1:49:39to be honest with you i don't really
- 1:49:42care about the death penalty mr marahi
- 1:49:44okay uh where are you
- 1:49:48my testimony isn't about that
- 1:49:52okay so you as you sit here today you
- 1:49:54have no care in the world whether this
- 1:49:56jury convicts you or not
- 1:49:58i trust fate okay faith
- 1:50:01well which to be supposed to be my
- 1:50:03testimony isn't about me eluding the
- 1:50:05death penalty that's really not what
- 1:50:06this is about right now
- 1:50:09okay it's about strategic perjury no
- 1:50:12now your statements on the wire would
- 1:50:15convict you of all four charges correct
- 1:50:20my statement on the wire can do what
- 1:50:22would
- 1:50:23be enough to convict you of first-degree
- 1:50:25murder
- 1:50:26kidnapping human trafficking and abuse
- 1:50:29of a dead human body correct
- 1:50:31well there's a there's a case law
- 1:50:32doctrine called corpus delecti
- 1:50:34i don't believe you've ever proved the
- 1:50:36body of the kidnapping or the human
- 1:50:38trafficking
- 1:50:39you didn't hear the testimony about
- 1:50:41johnny gunther's uh dismembered body
- 1:50:43just
- 1:50:44by the medical examiner how does
- 1:50:45dismembered body how is that the body of
- 1:50:48a kidnapping
- 1:50:49you're telling me joanie gunder's
- 1:50:50remains constitutes a kidnapping
- 1:50:53i don't understand that one let me ask
- 1:50:55this one at a time you would agree
- 1:50:57that if what you said on the liar is
- 1:50:59true you're guilty of first-degree
- 1:51:01murder correct
- 1:51:04if i said well if what you said
- 1:51:07to sammy evans is true you're guilty of
- 1:51:11first-degree murder correct
- 1:51:13if what i said to him is true it wasn't
- 1:51:15true
- 1:51:17i understand that okay i'm giving you a
- 1:51:20hypothetical
- 1:51:21hypothetical situation if it was true
- 1:51:23yes i would be subject to that
- 1:51:26if hypothetically if what you said is
- 1:51:28true you'd be guilty of kidnapping
- 1:51:29correct
- 1:51:33if yes sir apathetically if what you
- 1:51:36said was true you would be guilty of
- 1:51:38human trafficking
- 1:51:39yes sir yes sir hypothetically if what
- 1:51:42you said was true
- 1:51:43you would be guilty of abusing a dead
- 1:51:45human body yes sir correct yes sir i'll
- 1:51:48give you that
- 1:51:50so i want to go through and discuss with
- 1:51:52you all the truth
- 1:51:54that exists in that recorded statement
- 1:51:56okay
- 1:51:58well that may be a problem because i
- 1:51:59don't remember all of what's in the
- 1:52:01statement it's rather
- 1:52:02worried mr tillis i remember we we got
- 1:52:04it recorded so we'll just go through it
- 1:52:06i think this will be really easy for us
- 1:52:07okay
- 1:52:08all right i'll try to your address that
- 1:52:11you
- 1:52:11lived at 3 5 5 1 circle east was true
- 1:52:15correct yeah that was true
- 1:52:16and you lived there correct yes sir that
- 1:52:18was true then the main part of the house
- 1:52:20at least for getting the trail apart you
- 1:52:22live there alone
- 1:52:22correct uh yeah
- 1:52:26yeah i say that okay and your house was
- 1:52:28scheduled to be
- 1:52:30condemned and demolished correct
- 1:52:33i don't think it had been scheduled at
- 1:52:34that time but you're right it was not
- 1:52:37scheduled
- 1:52:37it had been condemned and at some point
- 1:52:39it was going to be demolished
- 1:52:41well the condemned notice had been hung
- 1:52:43on the fence but the uh
- 1:52:45scheduled demolition not to my knowledge
- 1:52:48you knew that it was possible that based
- 1:52:51on the
- 1:52:52condemned notice that your house would
- 1:52:53be demolished well there's always a
- 1:52:55possibility
- 1:52:56right and that's what you were talking
- 1:52:58about on the wire
- 1:53:00yes sir it was a prelude to introduce
- 1:53:03the statement
- 1:53:04i understand it was a prelude but it was
- 1:53:06a true prelude yes sir
- 1:53:08yes sir is the answer right okay well i
- 1:53:10did know that the place was condemned
- 1:53:11and it was possible to
- 1:53:12be scheduled for deposition to
- 1:53:14demolition because of the
- 1:53:16condemned notice yes sir okay it is true
- 1:53:18that you have had multiple problems with
- 1:53:21all of your neighbors correct i believe
- 1:53:23that's rather evident from the record
- 1:53:25and you talk about that on your wire
- 1:53:26correct yes sir okay
- 1:53:28it's true that you would operate your
- 1:53:30power equipment like saws
- 1:53:32at night correct no it's true you would
- 1:53:35operate your power washer at all times
- 1:53:37during the day and night correct
- 1:53:39no it's true that noises would be coming
- 1:53:42out of your house late at night correct
- 1:53:45well i don't know what you consider
- 1:53:46noises slamming the door
- 1:53:49no that was that's not true all that's
- 1:53:51fabrication
- 1:53:52pretty much all of it yes sir
- 1:53:56you did hang large tarps
- 1:53:59surrounding your entire property correct
- 1:54:01yes sir i had
- 1:54:02was that to keep out the burglars no
- 1:54:05that was keep the uh
- 1:54:07keep the neighbors from uh the
- 1:54:09harassment
- 1:54:10one on one side of me the neighbor was
- 1:54:13so obsessed that he mounted his security
- 1:54:15cameras on top of the telephone pole
- 1:54:17so he could watch me over the fence your
- 1:54:20tarps were there
- 1:54:22to conceal what you were doing
- 1:54:26in that house correct how do the tarps
- 1:54:29in the yard have anything to do with
- 1:54:30what i'm doing in the house
- 1:54:32yes or no mr tillis no that's not why
- 1:54:34they were there
- 1:54:35mr tillis it is true that you owned a
- 1:54:38sawzall
- 1:54:39reciprocating saw during this time
- 1:54:41period correct
- 1:54:42actually i own multiple multiple ones
- 1:54:44multiple skill saws multiple chainsaws
- 1:54:46the reason they aren't in the
- 1:54:48photographs of the garage is because
- 1:54:50someone went in there and stole my truck
- 1:54:51and all my tools
- 1:54:52during the first week i was in jail that
- 1:54:54garage was full of tools
- 1:54:56probably had thirty thousand dollars
- 1:54:58with the hand tools i owned a home
- 1:54:59improvement business at one point
- 1:55:01and the tools were left over i had
- 1:55:02multiple saws multiple sawzalls
- 1:55:05all pretty much any sort of home repair
- 1:55:08tool that you
- 1:55:09would need to work on your house okay
- 1:55:11and you had
- 1:55:12multiple sawzall blades correct yes
- 1:55:15okay and you had lots of wetlands and
- 1:55:18woods that were just down the street
- 1:55:20from your house correct
- 1:55:23yes sir right hottsburgh creek right
- 1:55:26well the area's not that big but there
- 1:55:27is some there is a
- 1:55:28there is a three lake called morgan lake
- 1:55:30down there three lakes joining i was
- 1:55:32been fishing in that lake since i was
- 1:55:33five years old
- 1:55:34you know it well yes sir i do and
- 1:55:37hypothetically mr tillis if you were to
- 1:55:40hide
- 1:55:40something there a body child dismembered
- 1:55:42bodies in there
- 1:55:43it would be hard to find correct i think
- 1:55:46it would be even harder to get the body
- 1:55:48down there
- 1:55:49if you chopped it up and stuck it in the
- 1:55:51backpack and biked your way down there
- 1:55:53and dug it up
- 1:55:54and came out of the woods with a shovel
- 1:55:55would it mr tillis well
- 1:55:58and here you tell it i mean i guess not
- 1:56:00no no it's how you tell it
- 1:56:02not how i tell it these are your words
- 1:56:04mr tillis my words on the recording
- 1:56:06you're right
- 1:56:06yes sir yes mr tillis you do have chains
- 1:56:09hanging in your garage correct
- 1:56:11yes sir and it would be consistent with
- 1:56:13what you said
- 1:56:14to sami evans that you would hang
- 1:56:18your victims to dismember them correct
- 1:56:24i don't know if i stated that in that
- 1:56:26particular language but
- 1:56:27i would i would concede that yes those
- 1:56:30chains in the ceiling that were used for
- 1:56:32pulling motors out of cars
- 1:56:33they could be used for anything they
- 1:56:36were stationary chains that were never
- 1:56:38taken down and never putting up
- 1:56:39they just stayed there all the time well
- 1:56:41certainly you're not going to pull the
- 1:56:42motor out of the car from the chain
- 1:56:44that's just hanging down
- 1:56:46a little bit right there had to be
- 1:56:47another chain that would get lower
- 1:56:49so you could pull out a motor right
- 1:56:50generally it was a come along okay
- 1:56:52but we didn't see those no no you didn't
- 1:56:54have it stolen with the sawzall
- 1:56:57i don't know if they were still in the
- 1:56:58garage or whether they were taken i
- 1:56:59haven't been out to go
- 1:57:00inspect the garage i understand but
- 1:57:02there were there were come alongs in the
- 1:57:04garage
- 1:57:04okay i will say that i would agree that
- 1:57:06your garage had plenty of room
- 1:57:10to be able to complete the task of
- 1:57:12dismemberment of a body correct
- 1:57:14it was a facility that could be used for
- 1:57:15that yes sir facility that was your
- 1:57:17that was your word right yes sir a
- 1:57:19facility a building a facility
- 1:57:22now you would agree that you know a lot
- 1:57:26of women
- 1:57:27um on drugs and they prostitute
- 1:57:29themselves correct
- 1:57:30well i grew up in that area most of them
- 1:57:32i know their mothers and their brothers
- 1:57:33and their families
- 1:57:34okay and you had a lot of their
- 1:57:36paperwork in your house
- 1:57:39correct well that paperwork in the house
- 1:57:41wasn't
- 1:57:42just from that i also wrote pen pals in
- 1:57:45prison
- 1:57:46as you s as you stated or one of the
- 1:57:48witnesses stated i believe
- 1:57:50that uh it might have been detective
- 1:57:51sullivan that there were
- 1:57:53uh information from girls that were
- 1:57:56incarcerated
- 1:57:57they were in prison i wrote them because
- 1:58:00when you're in jail and you don't get no
- 1:58:01mail you don't have no money
- 1:58:03i kind of know what that feels like so i
- 1:58:05would go to the internet i would
- 1:58:07go into the pen pal list and i'd pick a
- 1:58:09couple and i
- 1:58:10i wrote them i'd send them a few dollars
- 1:58:12and many of those names
- 1:58:14were associated with that they were
- 1:58:17people that were incarcerated
- 1:58:18some of them were never getting out
- 1:58:22so um
- 1:58:26you knew i'm going to go through some of
- 1:58:27the names of the people that were in
- 1:58:29your house okay
- 1:58:30okay mr tell us because in your wire you
- 1:58:33describe
- 1:58:34how you would pick up these girls
- 1:58:38phillips highway
- 1:58:39you know get them back to your house and
- 1:58:41then you would do all the things you
- 1:58:42said you would do about human
- 1:58:43trafficking yes sir
- 1:58:44okay so i want to talk about these girls
- 1:58:47these are some of the girls that maybe
- 1:58:48you met on phillips highway okay
- 1:58:50christina habib h-a-b-e-e-d
- 1:58:55a prostitute when you met she met you at
- 1:58:58the bp station on phillips highway
- 1:59:00to engage in sex acts okay you know her
- 1:59:05i don't know refresh my memory i'm sorry
- 1:59:07say that refresh my memory
- 1:59:11she said that she willingly got in your
- 1:59:13car and then drove off to saint
- 1:59:14augustine
- 1:59:15where you became aggressive with her
- 1:59:18state that again i missed that sir it
- 1:59:21doesn't matter
- 1:59:22so you're not sure if you know her or
- 1:59:23not well if you refresh my memory it may
- 1:59:26it may jog my memory
- 1:59:28i mean sometimes my memory's a little
- 1:59:30bad but i mean it's not real bad
- 1:59:32sometimes a little jog would would help
- 1:59:34me
- 1:59:35probably not because i don't know
- 1:59:44i i was thinking maybe you had some sort
- 1:59:46of paperwork you wanted to
- 1:59:47address that might i don't know
- 1:59:53generally if if the if i don't know the
- 1:59:56girl's family or a brother or
- 1:59:58father or a mother or know her from some
- 2:00:01uh other source
- 2:00:04they those those girls generally go by
- 2:00:06names that are just street names
- 2:00:08and they're i wouldn't recognize the
- 2:00:11name you know what i mean
- 2:00:24no she doesn't look familiar nothing i
- 2:00:27recall
- 2:00:35okay we'll go through another one
- 2:00:39danielle goodwood you know her
- 2:00:42you picked her up at a bus stop
- 2:00:4516th in main street where you have your
- 2:00:47little shop
- 2:00:50what about her no it doesn't ring a bell
- 2:00:53do you remember the year
- 2:00:54sure 2016. 16.
- 2:00:57i'm sorry that's when we spoke to her
- 2:00:59that's the wrong year i'll have the year
- 2:01:00in front of me
- 2:01:01you say i wasn't i don't i don't
- 2:01:04remember the name
- 2:01:08how about uh contessa lerner
- 2:01:11f-l-e-n-e-r okay there's a test station
- 2:01:14on san juan avenue
- 2:01:15the test is a pretty a pretty unusual
- 2:01:18name i
- 2:01:19would seem like i would recall that but
- 2:01:20i don't okay
- 2:01:22what about brittany proctor
- 2:01:25moving gas at smokers express on bay
- 2:01:27meadows
- 2:01:30no i don't
- 2:01:33what about alyssa webber she knew you
- 2:01:36was rusty
- 2:01:39no nothing well if she's using the name
- 2:01:42rusty
- 2:01:42then it could be a childhood because
- 2:01:44that was a nickname that i
- 2:01:45abandoned probably in my early 20s since
- 2:01:482021
- 2:01:50no one's called me that people call me
- 2:01:52russell now
- 2:01:53so that probably is a very old if she's
- 2:01:56addressing me by that particular name
- 2:01:59well she but she was working probably in
- 2:02:012014
- 2:02:03as a prostitute off phillips highway
- 2:02:05remember anything about that
- 2:02:06no she wouldn't be calling me rusty at
- 2:02:07that time i was
- 2:02:09julie ann williams yeah i knew her
- 2:02:11father you know her right
- 2:02:12i knew her father she was working as a
- 2:02:14prostitute too in the mayport area when
- 2:02:16you picked her up right um
- 2:02:20yeah i believe so i knew i i worked with
- 2:02:22her father one time
- 2:02:23and uh he worked he lived over there on
- 2:02:25the trailer park on beach boulevard
- 2:02:28by maybe right at st john's bluff and
- 2:02:30beach that went dixie
- 2:02:32there was a trailer park in there ronnie
- 2:02:33was his name i think she actually stayed
- 2:02:35with you right
- 2:02:36off and on she would come there back and
- 2:02:37forth
- 2:02:39until she got away so she got away until
- 2:02:42she fled out of a window
- 2:02:44remember that i don't recall that
- 2:02:46incident no how about michelle pierce
- 2:02:50i believe she's deceased you have
- 2:02:53anything to do with that
- 2:02:55i was in jail no i know you didn't
- 2:02:58um miss pierce said that um that she
- 2:03:01lived with you stayed with you for time
- 2:03:02too
- 2:03:03hold on hold on um
- 2:03:06[Music]
- 2:03:08sure members of the jury
- 2:03:11uh i think i've already told you this uh
- 2:03:14once before in the pre-covet era
- 2:03:17an attorney asking to approach would be
- 2:03:19a simple matter we just come up here and
- 2:03:20we'd all huddle together
- 2:03:23they don't like me to do that these days
- 2:03:25so to keep everybody socially distant
- 2:03:27i'm going to need
- 2:03:28the jury to exit the courtroom for just
- 2:03:30a few moments remember do not discuss
- 2:03:32the case
- 2:04:00karen just stopped working by the way
- 2:04:02but we'll we'll deal with it in a second
- 2:04:04you want me to go
- 2:04:05sit over here stay where you are
- 2:04:13okay jerry has left the courtroom mr
- 2:04:22fletcher
- 2:04:40how did
- 2:04:52state first of all the state did file
- 2:04:54notice on all of these and it was part
- 2:04:55of the news i will concede
- 2:04:57um that the state in its case in chief
- 2:05:00was only going to present one
- 2:05:03of these witnesses i believe the defense
- 2:05:04has opened the door how do they open the
- 2:05:07door
- 2:05:07they open the door by indicating that
- 2:05:09this wire is false and he's talking
- 2:05:11about all these different women
- 2:05:13there were prostitutes and drug addicts
- 2:05:15in this house and i'm trying to
- 2:05:17corroborate that that is a true fact
- 2:05:19by asking the defendant if he had
- 2:05:20prostitutes and drug addicts in and out
- 2:05:22of his house
- 2:05:23during this period of time i have in
- 2:05:25every single case moved on
- 2:05:27once he either stops asking me for more
- 2:05:30information
- 2:05:30or denies it okay well
- 2:05:35i'm going to sustain the objection in
- 2:05:36part and overrule the objection in part
- 2:05:38i think the state
- 2:05:39is allowed to ask the
- 2:05:43defendant if he knows these women the
- 2:05:46circumstances under which he knows these
- 2:05:48women
- 2:05:49the um and if he needs to have his
- 2:05:52memory refreshed i think
- 2:05:54as the state did with at least one of
- 2:05:57them
- 2:05:58uh but it's at this point it's
- 2:06:01impeachment on a collateral matter which
- 2:06:04the state is required to accept the
- 2:06:06defendant's answer
- 2:06:07uh and move on so i think
- 2:06:11the door has been opened to that extent
- 2:06:12that the state is allowed to ask
- 2:06:14the defendant how he may know the
- 2:06:17witness
- 2:06:18and what the experiences were
- 2:06:21and just leave it at that and move on
- 2:06:23court's not ruling whether it's
- 2:06:25potentially admissible in rebuttal
- 2:06:28or what have you but that's where we're
- 2:06:42at
- 2:06:49well if he and this is where i'm
- 2:06:52sustaining the objection in part if he
- 2:06:54asked the witness
- 2:06:55if he asked the witness in this case the
- 2:06:56defendant
- 2:06:58how he knows the person if he doesn't
- 2:07:00know them
- 2:07:02then that's the end of it you can't say
- 2:07:03well you don't if he says i don't know
- 2:07:05him i suppose
- 2:07:08if there's some issue of refreshing the
- 2:07:10memory as a person who flew out the
- 2:07:12window something like that
- 2:07:13but for the most part if if he's got to
- 2:07:15take the witness
- 2:07:17at the answer and that's the end of it
- 2:07:20so
- 2:07:23i mean if there's an agreement that they
- 2:07:25know that they know each other then at
- 2:07:27that point
- 2:07:27they may be allowed to go a little
- 2:07:28further he says he doesn't know and
- 2:07:31that's the end of it
- 2:07:36well i'll rule on that at the time but
- 2:07:39that's i haven't been faced with that
- 2:07:40issue i do think the defense has opened
- 2:07:42the door though to the circumstances
- 2:07:44behind him knowing these other women
- 2:07:46and and
- 2:07:49and what the circumstances were of the
- 2:07:53knowing i mean look at this point of the
- 2:07:56trial
- 2:07:57and this began with the defense jury
- 2:07:59selection
- 2:08:01seems to me that all cards were on the
- 2:08:03table the defense
- 2:08:05basically you can call it a hypothetical
- 2:08:07you can say whatever you want but the
- 2:08:08defense
- 2:08:09in their jury selection put forth
- 2:08:12evidence of the defendant's prior bad
- 2:08:14acts including violent
- 2:08:16sexual acts that's been there now that's
- 2:08:18not evidence
- 2:08:19but then continuing with the
- 2:08:23clear defense in this case including the
- 2:08:25defendant's testimony here
- 2:08:28i think that has opened the door so i
- 2:08:29think my ruling is clear
- 2:08:31if he doesn't it's impeachment on a
- 2:08:33collateral matter state has to accept
- 2:08:35the defendant's answer
- 2:08:36and move on all right
- 2:08:40may i consult with mike no not in the
- 2:08:42middle of your cross examination no sir
- 2:08:44you may not
- 2:08:45bring the jury back in
- 2:08:53yeah it just stopped i don't know why
- 2:08:59it's it's not a big deal because i can
- 2:09:00see over your shoulders and
- 2:09:02i don't want you to spend a lot of time
- 2:09:03working on it
- 2:09:06yeah i know i can see it but if i need
- 2:09:07to i can see it over your shoulder
- 2:09:10hold on before you bring the durian
- 2:09:15yes sir
- 2:09:30um
- 2:09:36well your motion for mistrial is denied
- 2:09:38i don't think there's been anything
- 2:09:39objection
- 2:09:40objectionable to this point that hasn't
- 2:09:44been it's either been overruled by the
- 2:09:47court or sustained by the court as i saw
- 2:09:49appropriate
- 2:09:50uh i don't think the jury has heard
- 2:09:52anything that was
- 2:09:53unduly prejudicial let's put that away
- 2:09:58okay let's bring him in
- 2:10:46okay thank you you may be seated
- 2:10:50state you may continue
- 2:10:54they please the court yes sir i just
- 2:10:56want to talk about a couple more
- 2:10:58uh kimberly bowling i think she dated
- 2:11:00you for about six weeks in 2013.
- 2:11:03no sir i'm not familiar with that person
- 2:11:06neither on belford road nothing
- 2:11:07no sir i'm not familiar with that person
- 2:11:09how about her own daughter ashley
- 2:11:10fleming
- 2:11:11i'm not familiar with that person your
- 2:11:13honor and how about
- 2:11:15jessica summerlin no sir i'm not
- 2:11:17familiar with that person
- 2:11:28i want to talk for a second
- 2:11:33about um
- 2:11:38the uh police officer case all right i
- 2:11:40think you were clear on direct but i
- 2:11:42want to make it very clear
- 2:11:43yes sir that that you pled
- 2:11:47because the state wanted to get forward
- 2:11:49on this case correct
- 2:11:51that's why the negotiation happened well
- 2:11:53the best of my recollection
- 2:11:55leo hogg was prosecuting the case and
- 2:11:57you were just yesterday
- 2:11:59yes sir that's exactly what you did
- 2:12:02and you pled to it was it was well over
- 2:12:05two years of time
- 2:12:06served right you probably know the
- 2:12:07number of days i don't remember the days
- 2:12:09but
- 2:12:09i would assume that you're correct
- 2:12:11because
- 2:12:12it was at least at least a year a year
- 2:12:14and a half yeah you played gilly
- 2:12:16guilty to the felony battery of a law
- 2:12:18enforcement officer i believe that was
- 2:12:20the final charge it was reduced down in
- 2:12:21on the agreement that it would just uh
- 2:12:23go away if you plead to it and it
- 2:12:25wouldn't be used in this case
- 2:12:26but i see now that it is i don't want to
- 2:12:29debate you about that yeah
- 2:12:30you're the one that brought it all up
- 2:12:32sir i did okay
- 2:12:34so um
- 2:12:44when you were discussing with um
- 2:12:48your defense attorney the idea of sammy
- 2:12:50evans intimidating you
- 2:12:52i i missed i missed the last part i was
- 2:12:54just jimmy evans intimidating you
- 2:12:56remember
- 2:12:56yes sir okay you would agree that sammy
- 2:12:59evans
- 2:13:00um is a big fella he's tall he's much
- 2:13:04taller than you right
- 2:13:06he's a little bigger than me yes sir he
- 2:13:08would be good a good person to know in
- 2:13:10jail to protect you
- 2:13:11correct well
- 2:13:14i don't think that would be true he
- 2:13:17wouldn't protect you
- 2:13:18no sir you weren't friends with him
- 2:13:22i was an associate with him in regards
- 2:13:25to
- 2:13:25uh trading legal advice
- 2:13:29until i became associated with him with
- 2:13:31the fabrication of that
- 2:13:32confession and then it manifested into
- 2:13:36him pursuing his own agenda and getting
- 2:13:39that wire
- 2:13:40and which manifested into me being in a
- 2:13:43cell and being coerced into that
- 2:13:45confession with a lot of complicating
- 2:13:48mitigating factors of depression and
- 2:13:49despair
- 2:13:50and so it gets real complicated but i
- 2:13:52wouldn't say that i was a friend of
- 2:13:53stephanie evans
- 2:13:54absolutely not you just played chess
- 2:13:56with him
- 2:13:58actually i didn't do that much either he
- 2:14:01took me out to that chess table
- 2:14:02as an extension of that interrogation
- 2:14:06you used a phrase mr tillis that when
- 2:14:09sammy was trying to get you to talk
- 2:14:12you told him no he said that no means no
- 2:14:14right
- 2:14:15well when he took me into the cell and
- 2:14:17he showed me that pre-wrote note
- 2:14:19and i took the pad and he found the
- 2:14:21pencil and he gave it to me
- 2:14:22i wrote on there i told you no i gave
- 2:14:24the pad back to him i had told him
- 2:14:26previously that i wanted to to uh
- 2:14:30recant my decision about the police
- 2:14:33because
- 2:14:34i feared that the police would never
- 2:14:36give him a recording device and let him
- 2:14:37loose inside that jail like that
- 2:14:39that was that kind of shocked me so mr
- 2:14:41tillis my question
- 2:14:42is in your mind when you say no that
- 2:14:45means no right
- 2:14:47well it depends okay depends
- 2:14:50you have a loose meaning of the word no
- 2:14:52well as you as my
- 2:14:54attorney can can testify to
- 2:14:58one inside that jail is an emotional
- 2:15:00roller coaster up and down
- 2:15:02one minute you might say no because the
- 2:15:03circumstances weren't no
- 2:15:05but you might in another situation for
- 2:15:08the same response
- 2:15:09want to do a yes it's it's an emotional
- 2:15:12rollercoaster ride and you put despair
- 2:15:14depression
- 2:15:15circumstances a no may turn into a yes
- 2:15:18or a yes may turn into a no
- 2:15:20and one thing i do i mean
- 2:15:23i i concede that sometimes they knows
- 2:15:26turn into yeses and yes it's turned into
- 2:15:28no's
- 2:15:29i i you know man i'm only human
- 2:15:34yeah um
- 2:15:37i want to understand your motive because
- 2:15:38you've testified
- 2:15:41that at one time you
- 2:15:44want you were so despondent
- 2:15:47that your plan
- 2:15:50was to commit suicide
- 2:15:54by confessing to a murder
- 2:15:58correct it's called suicide by state
- 2:16:01suicide well
- 2:16:02suicide by cop i've heard of where a
- 2:16:05person would attack a police officer
- 2:16:08and and kind of force that police
- 2:16:09officer to kill them
- 2:16:11it's certainly a a uh a branch off of
- 2:16:14suicide by state okay but your suicide
- 2:16:16by stan
- 2:16:17mr tillis you you've told this jury
- 2:16:20you're a pretty smart guy when it comes
- 2:16:21to the law right
- 2:16:23and some occasions it depends on the
- 2:16:25subject but sometimes yes
- 2:16:27so your plan when your home is about to
- 2:16:31be demolished
- 2:16:33or at least can be demolished right yes
- 2:16:35sir
- 2:16:37and you just have found out about that
- 2:16:40that your plan is i'm going to tell the
- 2:16:43world
- 2:16:44about the dismembered body in my yard
- 2:16:49so multiple years from now
- 2:16:53i might face the death penalty
- 2:16:56that was your plan well before i
- 2:17:00no yes no no it's actually a no because
- 2:17:04what i did was first i looked into the
- 2:17:06longest time on death row was 30 years
- 2:17:09the shortest time was 4.1 years you
- 2:17:11could effectively wave all appeals
- 2:17:13and be dead in about three and a half
- 2:17:16so when you say multiple years yes i can
- 2:17:19see to a murder i didn't commit i get
- 2:17:21the death penalty of suicide by state i
- 2:17:22go to a one-man cell where i have a tv
- 2:17:25and then i would engage in meditation
- 2:17:26and prepare myself for death
- 2:17:28that's exactly what i was going to do
- 2:17:29and i was going to take those three
- 2:17:31years to do that
- 2:17:32okay but there would certainly be many
- 2:17:34other ways you could kill yourself right
- 2:17:36well i can't argue with that
- 2:17:39and you those things would be available
- 2:17:41to you in jail right
- 2:17:43well i might argue that well you already
- 2:17:46testified that you went through this
- 2:17:47elaborate plan to get all these drugs to
- 2:17:49try to kill yourself yeah and it didn't
- 2:17:50work
- 2:17:51well you could have taken 2 000
- 2:17:52milligrams right well
- 2:17:54i guess i should have gave up 10 trays
- 2:17:56of food 20 trays i don't know but it
- 2:17:58didn't work
- 2:17:58but one thing about is one thing about
- 2:18:00an attempt to suicide like that
- 2:18:01you don't know if it's going to work and
- 2:18:03i don't know much about pills i've never
- 2:18:05really been a pill person
- 2:18:06mr tillis oh i don't know if any of
- 2:18:08these things are going to work
- 2:18:09but you're more confident that you're
- 2:18:12going to falsely confess to somebody in
- 2:18:14the yard
- 2:18:15and that maybe you're going to get the
- 2:18:17death penalty in the future
- 2:18:19if they find this body then you are of
- 2:18:22doing any other method well
- 2:18:24one thing about conceding to the murder
- 2:18:26that i didn't commit and fabricating
- 2:18:28that confession is that
- 2:18:29once the police got it in their rush to
- 2:18:31justice and handing the case to you
- 2:18:33i was assured a death sentence as my
- 2:18:36sitting here is evident
- 2:18:38right how many years after you were
- 2:18:41arrested
- 2:18:43i don't know i guess i've been in jail
- 2:18:46i'm only guessing probably 10 months
- 2:18:50maybe maybe inside of inside of a year
- 2:18:54i understand that but you were charged
- 2:18:55with the murder at the end of 2016. oh i
- 2:18:57thought you know what you're talking
- 2:18:58about when i was first arrested from
- 2:18:59when i was first arrested until this
- 2:19:01alleged confession was
- 2:19:02about 10 months or something like that
- 2:19:05i'd only been in jail about a year
- 2:19:07when the alleged this bogus confession
- 2:19:09come into existence mr tillis i'm
- 2:19:11getting
- 2:19:12you wanted the death penalty but one of
- 2:19:15the reasons
- 2:19:16why you were backing
- 2:19:20out of it was because you were scared
- 2:19:24you were going to get in trouble no
- 2:19:27yeah you said oh you said mr tillis
- 2:19:31i couldn't believe they i was worried
- 2:19:33they were going to send a monitor
- 2:19:35and then i was going to get in trouble
- 2:19:37when they got caught for this
- 2:19:38fabrication
- 2:19:39and then get in trouble and then get in
- 2:19:41trouble and i said that but what you're
- 2:19:42misinterpreting
- 2:19:43what is the trouble the trouble is when
- 2:19:46you care about trouble mr tillis you're
- 2:19:47looking at 30 years
- 2:19:49you're so despondent that you think
- 2:19:51you're never going to get out of jail
- 2:19:52true
- 2:19:54and that's the trouble i was speaking of
- 2:19:56that was a big sense you're saying that
- 2:19:58you know you're never going to get out
- 2:19:59of jail
- 2:19:59you're going to do 30 years true and
- 2:20:02then you decide to back out of the
- 2:20:04confession because you're worried you're
- 2:20:05getting in trouble
- 2:20:07may i explain any sense may i explain
- 2:20:09what trouble means you tell us
- 2:20:11how it those two things make sense
- 2:20:13because
- 2:20:14if i gave up the if i gave up that body
- 2:20:17and i fabricated this confession and it
- 2:20:20was proved to be false
- 2:20:21and they caught me in that the trouble
- 2:20:23was i would still have the 30.
- 2:20:26i wouldn't i wouldn't have gained
- 2:20:27anything there's no there's nothing
- 2:20:29there
- 2:20:31there's no incentive to fabricate the
- 2:20:33story
- 2:20:34if i'm only going to get the same thing
- 2:20:36i'm going to get for the aggravated
- 2:20:38assault
- 2:20:38the only incentive for fabricating the
- 2:20:40story was the death penalty that i knew
- 2:20:42the state would seek
- 2:20:44so if if i gave up that and i fabricated
- 2:20:48this confession
- 2:20:49and then and then you sought the death
- 2:20:51penalty then i'm receiving what i am
- 2:20:53my agenda but if i fabricated this
- 2:20:56confession and i got caught and then i
- 2:20:58would get in trouble for fabrication and
- 2:21:00i'd end up
- 2:21:01with a life sentence which i already had
- 2:21:03it didn't
- 2:21:04the it was it was between the mental
- 2:21:07despair and the depression
- 2:21:09i didn't see any reason in doing it i
- 2:21:11honestly didn't think they were going to
- 2:21:12give him wire and let him in there like
- 2:21:14that
- 2:21:14that shocked me is that it
- 2:21:17yes sir so
- 2:21:22you have testified that there was no way
- 2:21:24that you could know
- 2:21:26how joni gunter was killed right
- 2:21:30that's why you didn't provide that
- 2:21:32information well that was one
- 2:21:34that was only one hole in the story yes
- 2:21:36sir
- 2:21:37and a homicide detective if you which
- 2:21:41was my only question mr tell us okay yes
- 2:21:43you're right i didn't i didn't know
- 2:21:45i didn't know the cause of death and
- 2:21:46that was the problem now mr tillis
- 2:21:49in the first why do you remember
- 2:21:53you not mr evans
- 2:21:58you uttering the words to mr evans
- 2:22:01quote i didn't shoot them
- 2:22:06girls
- 2:22:09remember that i may have said i didn't
- 2:22:11shoot anybody yes sir
- 2:22:12i don't i'm not going to con contest
- 2:22:14here
- 2:22:15yeah so i'm not going to contest it okay
- 2:22:17i said that you said that
- 2:22:19yeah you said i didn't shoot them girls
- 2:22:22you slipped up mr tillis because if you
- 2:22:24didn't know how they were killed
- 2:22:26then why are you telling sammy evans
- 2:22:29that you didn't shoot them because you
- 2:22:30very they could have very well been shot
- 2:22:33and your entire scheme is up
- 2:22:39because i didn't know i also said i
- 2:22:42didn't stab
- 2:22:43him i also said i didn't stab him i also
- 2:22:46said i didn't hit him in a head with a
- 2:22:47hammer
- 2:22:48i believe those were other allegations
- 2:22:50he made too mr tillis there's two
- 2:22:51separate parts
- 2:22:53there's the part in the second wire he's
- 2:22:55saying
- 2:22:57because he says almost like you've
- 2:22:59already talked about it right he says
- 2:23:00we don't shoot him because it's too
- 2:23:02noisy you don't stab them to the studio
- 2:23:04i remember that that's what you're doing
- 2:23:06that's the part i remember that's the
- 2:23:07part i remember number one on the fifth
- 2:23:10on the 10th yeah okay you tell
- 2:23:14sammy i didn't shoot
- 2:23:17them girls okay you see mr tillis and
- 2:23:20you said that
- 2:23:22and your point if we're to believe your
- 2:23:23story
- 2:23:25joni gunter very well may have been shot
- 2:23:27in that chest by your brother right
- 2:23:30anything could have been possible i
- 2:23:32didn't i didn't know the
- 2:23:34method of of uh the method that
- 2:23:37caused her death but making that
- 2:23:40statement
- 2:23:42why on earth
- 2:23:46wouldn't you just lie about it if we're
- 2:23:49to believe you mr tell us
- 2:23:51why on earth would you sit on this wire
- 2:23:53and tell like you said
- 2:23:55you were talking about the psychologist
- 2:23:56and just kind of spews out
- 2:23:58why they just make up how you killed her
- 2:24:01what's the difference i don't i don't
- 2:24:04understand what you
- 2:24:05i'm you can ask me on that one mr
- 2:24:07miranda mr tillis you're making up this
- 2:24:09wild story to get the death penalty okay
- 2:24:12all things that aren't true correct most
- 2:24:14of most of yes
- 2:24:16all these things that in theory
- 2:24:19we could prove them to be false correct
- 2:24:25okay yet the only thing you don't lie
- 2:24:29about
- 2:24:30is the manner of death
- 2:24:34why not lie about that
- 2:24:38oh no i don't i kind of don't understand
- 2:24:41what you're saying
- 2:24:42are you are you trying your goal is to
- 2:24:43get the death penalty correct yes sir
- 2:24:45and everything you're saying in this
- 2:24:47three-hour wire you're saying you're
- 2:24:49making it up
- 2:24:50in order to get the death penalty yes
- 2:24:51sir that's my agenda
- 2:24:53but yeah that's your agenda yet you're
- 2:24:56you're
- 2:24:57withholding the one piece of information
- 2:25:00that we would need
- 2:25:01the method that that she met her death
- 2:25:03right why wouldn't you just make it up
- 2:25:05you made up everything else
- 2:25:08isn't it true mr tillis that you told
- 2:25:10sammy evans that you beat her with a
- 2:25:12hammer
- 2:25:12and that's why he knew to ask you about
- 2:25:14it he asked me did i stab her or did i
- 2:25:16cut her throat
- 2:25:17he was trying to get you to say it on
- 2:25:18the wire oh okay
- 2:25:20okay isn't it true you told sammy evans
- 2:25:23you beat her with a hammer
- 2:25:24absolutely not now
- 2:25:28your testimony is with regard to tabitha
- 2:25:31nicole hogg
- 2:25:33that everything that she says is
- 2:25:36essentially true
- 2:25:38except for the main incident in question
- 2:25:40correct
- 2:25:42well she definitely wasn't changing that
- 2:25:43tree in my backyard
- 2:25:46the tree didn't exist i understand that
- 2:25:48some people say tree and they really
- 2:25:49need a pole
- 2:25:50right well i don't know she was pretty
- 2:25:53specific in describing the tree
- 2:25:55during the hearing we had i believe the
- 2:25:57transcripts tell us when you're high on
- 2:25:59heroin can sometimes you confuse a pole
- 2:26:01with a tree
- 2:26:02and i believe you could also confuse all
- 2:26:04sorts of situations with other
- 2:26:05situations
- 2:26:06when you've been on a five-day binge of
- 2:26:07heroin that is an excellent point mr
- 2:26:10mizrahi mr tillis do you think you can
- 2:26:11confuse
- 2:26:13your semen being rubbed on her face
- 2:26:14after you've raped her you think she
- 2:26:16confused that
- 2:26:17well she's pretty confusing five days
- 2:26:20worth of heroin binge
- 2:26:22five days of not sleep you know sleep
- 2:26:24deprivation causes hallucination
- 2:26:27it is a medical fact okay well thank you
- 2:26:28mr tillis for your legal and medical
- 2:26:30opinions we appreciate that
- 2:26:32now mr tillis you uh your testimony is
- 2:26:35that
- 2:26:36that even with um your goodwill towards
- 2:26:40tabitha hogg in other words
- 2:26:42writing her letters you talk about how
- 2:26:43it's so lonely in jail
- 2:26:45and you want to be that that friendly
- 2:26:47voice for her
- 2:26:48that friendly person right and that you
- 2:26:51you she helps you get
- 2:26:52boxes of suit of fed and you give her a
- 2:26:55place to stay
- 2:26:56and all of those things correct my
- 2:26:58interest in her wasn't really being
- 2:27:00friendly so to speak but
- 2:27:02if you want to context it like that okay
- 2:27:05my point is she was telling the truth
- 2:27:07about that stuff
- 2:27:08um she was telling the truth about the
- 2:27:10jail about the sudafed yeah some
- 2:27:12some of the things she said were were
- 2:27:16factual so your direct testimony was
- 2:27:20that despite all of the great things
- 2:27:22you've done for her
- 2:27:25that tabitha nicole haw got mad at you
- 2:27:29because she showed up to your house
- 2:27:31unannounced when it was raining
- 2:27:33and you wouldn't give her a ride that's
- 2:27:35your testimony she retrieved her stuff
- 2:27:37and then she wanted the ride and i told
- 2:27:38her leave because i had something to do
- 2:27:39and it was raining she got mad
- 2:27:41she left i made her leave and she took
- 2:27:44it a little hard
- 2:27:45but and so that's the only thing you've
- 2:27:48ever done to her
- 2:27:49that would cause tabitha nicole hogg a
- 2:27:52heroin addict
- 2:27:53a prostitute to come in here and make up
- 2:27:57all the stuff that she made on
- 2:27:58right well you would have to understand
- 2:28:01a heroin user's
- 2:28:03mentality yes that is exactly what i'm
- 2:28:07saying
- 2:28:08so your idea of what she did is that
- 2:28:11this happened
- 2:28:13she doesn't report it for how many years
- 2:28:16so when did this happen 2013
- 2:28:20i don't know when she alleged i don't
- 2:28:21think she gave a date she said it was
- 2:28:23after her release from jail whenever the
- 2:28:25date she was released from jail was
- 2:28:26but you know the day that she showed up
- 2:28:29well i don't
- 2:28:30i don't remember the date of the year i
- 2:28:31don't even remember that when she got
- 2:28:32out of the jail i'll be honest with you
- 2:28:33mr raj well it's between 2012
- 2:28:36and like 2 000. but i did pick her up
- 2:28:38from the jail i do remember that event
- 2:28:40whatever date that was her plan is to
- 2:28:42never tell a soul
- 2:28:44about what happened to you okay
- 2:28:47and then wait until joni gunter's
- 2:28:51dismembered remains are found and a
- 2:28:53detective comes knocking on her door
- 2:28:55to suddenly spring her angry trap
- 2:28:59about how you would not give her a ride
- 2:29:01in the rain
- 2:29:02therefore you must have chained her to
- 2:29:03her bed and raped her
- 2:29:05you would have to take that with her mr
- 2:29:06rahee you're asking me to make
- 2:29:08assumptions for the way she thinks and
- 2:29:10feels
- 2:29:10and i don't think that i'm in a position
- 2:29:11to be doing that i know that
- 2:29:13five day binges of heroin that drug does
- 2:29:17pretty bad things to you and the sleep
- 2:29:19deprivation added to the heroin use
- 2:29:21it gets pretty complicated when you add
- 2:29:23that with depression
- 2:29:24i don't know what the girl thinks or how
- 2:29:26she feels i mean i know our experience
- 2:29:28when we were associated
- 2:29:31but if you want to continue to ask those
- 2:29:32questions you will probably be better
- 2:29:34off to direct him toward her
- 2:29:36why on earth mr tillis
- 2:29:39for a girl that you casually knew
- 2:29:44that you got you knew was mad at you
- 2:29:49after you wouldn't give her a ride would
- 2:29:52you have
- 2:29:53her name date of birth
- 2:29:57social security number written on papers
- 2:30:00in your home well
- 2:30:04the the social security number the time
- 2:30:07of
- 2:30:08because when i looked her up to get the
- 2:30:10information so that i could
- 2:30:11give her money and she had initially
- 2:30:13asked me to appear at her court date
- 2:30:15i don't remember how that came about but
- 2:30:17when she was sentenced in st john's
- 2:30:18county
- 2:30:19i was present i remember that but to
- 2:30:22look up the information on her she had
- 2:30:24gave me that information
- 2:30:25so that i could obtain information on
- 2:30:27her with on the computer
- 2:30:29the time frame between when she was
- 2:30:31released from jail
- 2:30:32i don't know that date to the time frame
- 2:30:35of my
- 2:30:36arrest i don't know that the papers
- 2:30:39laying there
- 2:30:39they were probably just in a bundle
- 2:30:42bundle of papers
- 2:30:43and they were just neglectedly forgotten
- 2:30:45i would assume
- 2:30:47i mean i don't i don't i don't recall
- 2:30:49the specifics of it mr mcmahon is their
- 2:30:51social security number for that kind of
- 2:30:52thing
- 2:30:53i don't i don't i don't recall be honest
- 2:30:55with you but that's how that information
- 2:30:57if if if i'm not mistaken it was written
- 2:30:59on some sort of
- 2:31:00jailed piece of paper or something but
- 2:31:03i'm i'm guessing
- 2:31:04but that information was related to me
- 2:31:07finding out information
- 2:31:08so i could be at the court hearing and
- 2:31:10and then she got sentenced and then she
- 2:31:12went to jail and
- 2:31:13he got a little i think she got 60 days
- 2:31:15i'm not even sure exactly but it wasn't
- 2:31:17long
- 2:31:18in jail but i mean i don't
- 2:31:21i don't know do y'all understand mr tell
- 2:31:24us
- 2:31:24states exhibit 100.
- 2:31:29yes sir yes sir i see that
- 2:31:33you have your social security number on
- 2:31:34your dl number well you've asked me that
- 2:31:37question three times and i've tried to
- 2:31:38answer it three times mr marahi i don't
- 2:31:40know
- 2:31:41i mean i was looking up information i'd
- 2:31:43went to the jail
- 2:31:44i'd visited i put money on her books i
- 2:31:45had been to a couple of hearings
- 2:31:47i i mean i don't know okay well
- 2:31:51mr tillis you would agree that
- 2:31:54besides your theory of
- 2:31:58suicide by state yes sir there is never
- 2:32:01a situation where it is in a person's
- 2:32:04interest to come in and confess to
- 2:32:08murder correct
- 2:32:10it must be a statement against your own
- 2:32:12interest correct
- 2:32:14absolutely not if i'm seeking suicide by
- 2:32:16state then it is my best interest to
- 2:32:17fabricate whatever is necessary
- 2:32:19information provided to the police
- 2:32:21and to seek my agenda by getting the
- 2:32:23suicide by state
- 2:32:24i said besides that unless you want to
- 2:32:26commit suicide except for that theory
- 2:32:29generally speaking confessing to murder
- 2:32:31is against your own interest correct
- 2:32:36well and i and i wouldn't say no and it
- 2:32:39wouldn't say yes
- 2:32:41okay i mean sometimes sometimes
- 2:32:44you might do something your conscience
- 2:32:46weighs on you
- 2:32:47you know okay and you go back and you
- 2:32:51see what you did and you try to rectify
- 2:32:53your conscience
- 2:32:54it's not about the other person it's
- 2:32:55about how you feel that's why i was
- 2:32:57telling you earlier
- 2:32:58this isn't about me right now trying to
- 2:33:00avoid the death penalty i actually
- 2:33:02expect these people to convict me of
- 2:33:03murder
- 2:33:03and you to give me that death penalty i
- 2:33:06could really care less
- 2:33:08okay very good um now you knew
- 2:33:11that um joni gunter
- 2:33:15had been murdered correct
- 2:33:19well she was deceased when i viewed her
- 2:33:21in the trunk of that car yes sir
- 2:33:22and she was all bloody right she had a
- 2:33:24large blood stain on her chest
- 2:33:27i actually thought that was the fatal
- 2:33:28wound when i first observed her
- 2:33:30i didn't find out later until i read the
- 2:33:32autopsy she had a broke nose
- 2:33:34then i realized she probably got the
- 2:33:36blood on her chest from the punch in the
- 2:33:37face
- 2:33:45but at that point mr tillis
- 2:33:48you haven't talked about what happened
- 2:33:51next
- 2:33:52next about what well
- 2:33:56what did you do with her body to get
- 2:34:00joni gunter out of that trunk how'd you
- 2:34:03get her out of the trunk
- 2:34:05well at this point in the interrogation
- 2:34:07i am going to claim the fifth amendment
- 2:34:09and i'm not going to make any more
- 2:34:10statements regarding that question
- 2:34:12as a means to protect myself from any
- 2:34:14future uh
- 2:34:17associations this trial will undoubtedly
- 2:34:21uh manifest into a second trial this
- 2:34:24isn't the first one
- 2:34:24there's been too many errors in this
- 2:34:26trial i will most not
- 2:34:28most definitely be brought back for a
- 2:34:29second one and in the second trial
- 2:34:31i don't want this testimony hindering me
- 2:34:33in the future
- 2:34:34so i'm not going to discuss what
- 2:34:36occurred after my brother arrived and we
- 2:34:38had that discussion at the trunk of that
- 2:34:40car
- 2:34:41i will concede to telling you mr zarahi
- 2:34:44that i knew miss gunter was buried in
- 2:34:46that backyard i knew the condition of
- 2:34:48the body
- 2:34:49and i was present i'll concede that to
- 2:34:52you here and now
- 2:34:53but you can continue to ask me questions
- 2:34:55and i will not answer them okay
- 2:34:58well let me ask you this you're in
- 2:34:59charge you understand with grossly
- 2:35:01abusing a dead human body right
- 2:35:03count four yes sir okay and you would
- 2:35:06agree
- 2:35:07that you knew the location of every body
- 2:35:09part correct
- 2:35:11i just told you that i was present
- 2:35:14i think i've answered your question
- 2:35:15before you asked it i was you know where
- 2:35:18her torso was
- 2:35:19i was present you knew where her head
- 2:35:22was
- 2:35:23i was present when the when miss gunter
- 2:35:25was buried
- 2:35:26i just told you that the question seemed
- 2:35:28irrelevant
- 2:35:29they're not relevant when you're charged
- 2:35:30with count four mr tell us well i just
- 2:35:32told you
- 2:35:33i was present when her remains were
- 2:35:35buried mr marahi i don't know how
- 2:35:37how much more specific i can get bear
- 2:35:39either
- 2:35:40now that is a different question and as
- 2:35:42i just said
- 2:35:43this trial was only the prelude to the
- 2:35:45second one and i'm not going to be
- 2:35:47answering those questions that will
- 2:35:48prejudice me in my next trial
- 2:35:51i know that sounds rather bad but from a
- 2:35:53legal position
- 2:35:55i don't mind sitting here in and
- 2:35:59giving up what i know but that
- 2:36:00particular amount of information i'm
- 2:36:02going to
- 2:36:02retain until i come back and if anybody
- 2:36:06wants to hear those
- 2:36:07answers i would suggest coming to the
- 2:36:09next trial
- 2:36:10and that's when i will be telling you
- 2:36:12that if you are the prosecutor in that
- 2:36:14case
- 2:36:17okay um
- 2:36:21what's it like to use a sawzall to cut a
- 2:36:23woman's head off
- 2:36:25i i have no uh no answer for that
- 2:36:27question either mr zumahi what's it like
- 2:36:32did the sawzall blade wear out when you
- 2:36:34were cutting her shoulders
- 2:36:36did you have to use multiple blades i
- 2:36:39believe i just told you that i wouldn't
- 2:36:41answer any questions regarding that
- 2:36:43that subject if your intention is to
- 2:36:46just continue to ask questions that you
- 2:36:48know i won't answer for the benefit of
- 2:36:49the jury hearing you
- 2:36:51then you simply recite all your
- 2:36:52questions and i'll sit here
- 2:36:54mute and then when you get finished we
- 2:36:56can move on to the next set of questions
- 2:36:57if you have any more
- 2:36:58mr tillis you want to tell the jury your
- 2:37:01story right
- 2:37:03yes sir i do you tell us that was your
- 2:37:05decision right it was my decision
- 2:37:07and i will tell you we involuntarily got
- 2:37:09on that witness stand didn't you
- 2:37:10yes sir and the judge made freely and
- 2:37:12voluntarily withholding evidence from
- 2:37:15this jury correct
- 2:37:17i am i am selecting when i will disclose
- 2:37:20information and when i will not
- 2:37:22that is what i'm doing and in the end
- 2:37:24perjury huh mr tell us
- 2:37:26i didn't say anything about perjury i
- 2:37:28said i am selecting when i will disclose
- 2:37:30information and when i will not
- 2:37:32i do not intend on holding that
- 2:37:34information from the jury at the proper
- 2:37:35time
- 2:37:36this is not the proper time for me to be
- 2:37:38disclosing that information
- 2:37:40no sir well you know i can't make you mr
- 2:37:43tillis
- 2:37:43i understand that that's why i suggested
- 2:37:46that you just
- 2:37:47state all your questions get them out
- 2:37:49i'll set mute and then we'll move on
- 2:37:54i understand the rule mr marahi
- 2:37:57the rule you just said you can't force
- 2:37:59me to answer the question
- 2:38:01well we could force you by
- 2:38:04contempt and things like that but mr
- 2:38:06tillerson's fixing to get the death
- 2:38:07penalty the contempt charge
- 2:38:09really doesn't concern me i'm not going
- 2:38:12to torture you to get the answer yeah
- 2:38:13okay all right so i mean i got it i look
- 2:38:16at this mr tillis
- 2:38:19hypothetically speaking of course
- 2:38:24how long does it take to chop up
- 2:38:27the human body and i will revert back to
- 2:38:30my
- 2:38:30previous statement that i am not in the
- 2:38:32position to be discussing any
- 2:38:34information
- 2:38:34regarding that subject okay mr tillis
- 2:38:38would you not agree to this
- 2:38:43it's difficult to do
- 2:38:46to dismember a human body forgetting
- 2:38:48whether you did it to joni gunter or not
- 2:38:49i understand your position
- 2:38:51i'm just saying generally speaking if
- 2:38:53your knowledge and experience
- 2:38:55of cutting metal and cutting wood and
- 2:38:57doing construction
- 2:38:59the dismembering a human being would
- 2:39:00take time and effort
- 2:39:02correct as i stated earlier mr marahi
- 2:39:05i prefer not to answer any questions
- 2:39:07regarding this subject
- 2:39:08you would agree it would take hours
- 2:39:10right i'm not agreeing to anything
- 2:39:13you would agree that in order to
- 2:39:15dismember a human body you would need
- 2:39:17privacy correct
- 2:39:19i'm not agreeing to that the kind of
- 2:39:21privacy is six
- 2:39:23garage has correct continue on
- 2:39:26the kind of privacy that a bunch of
- 2:39:29tarps hanging around your house provides
- 2:39:31correct
- 2:39:31you can continue on the kind of privacy
- 2:39:34that a booby-trapped
- 2:39:35fenced yard provides correct
- 2:39:38you can continue on
- 2:39:44you knew that joni gunter was dead
- 2:39:46correct
- 2:39:48yes sir my initial belief that she was
- 2:39:49deceased when she arrived at the
- 2:39:51residence yes sir
- 2:39:53and no matter how homeless or how lonely
- 2:39:56a person is
- 2:39:58there's probably somebody out there that
- 2:40:00would be looking for him right
- 2:40:02that's what i've been trying to tell you
- 2:40:04that's why i'm sitting here
- 2:40:06it's got nothing to do with me avoiding
- 2:40:07the death penalty and it's got nothing
- 2:40:09to do with the case
- 2:40:11that's why i'm sitting here but you did
- 2:40:14nothing absolutely nothing mr tillis
- 2:40:18to try to bring justice
- 2:40:22to the death of joni gunter i'm caught
- 2:40:25in between two traps
- 2:40:26one i got my brother standing there
- 2:40:28looking at me and i got that girl
- 2:40:30deceased in the trunk of the car
- 2:40:31my brothers confronted me many times
- 2:40:33with this same sort of situation help me
- 2:40:36and yes maybe that was the wrong
- 2:40:37decision all right
- 2:40:39but i did it and now i'm sitting here
- 2:40:41and i'm telling you i did it
- 2:40:43okay no you're not telling us you're
- 2:40:45dead yeah you're invoking your
- 2:40:47constitutional i'm trying to tell you as
- 2:40:48much as i can tell you at this point
- 2:40:50right against self-incrimination um
- 2:40:55do you feel responsible what happened to
- 2:40:56johnny gaunter
- 2:40:59no sir i do not feel responsible for
- 2:41:02death
- 2:41:10no sir not for not for the cause of her
- 2:41:12death no
- 2:41:20one last little point on mr tillis yes
- 2:41:23sir
- 2:41:24you have according to your own testimony
- 2:41:29even crying about it that you have
- 2:41:31endured so much
- 2:41:34in effort to protect your brother
- 2:41:37correct
- 2:41:39well i wouldn't say i've been doing a
- 2:41:43lot but
- 2:41:44but uh it's it's not just protecting him
- 2:41:48it's in a sense accepting responsibility
- 2:41:50for what i did
- 2:41:52if you and i go in the store to rob it
- 2:41:54and
- 2:41:55and you shoot the clerk and the clerk
- 2:41:57gets killed
- 2:41:58and you get away and i get caught i went
- 2:42:01into that store willingly with you to
- 2:42:03rob that store
- 2:42:04and i knew the potential of the clerk
- 2:42:06getting shot
- 2:42:07so i make an agreement with you
- 2:42:11we go in the store you shoot the clerk
- 2:42:12you get away i get caught
- 2:42:14does that mean that i immediately have
- 2:42:15to tell on you there's some sort of
- 2:42:18sense of loyalty to that
- 2:42:22now when you add into the factor that
- 2:42:24you're my brother and we've been through
- 2:42:26a lot the factor gets a little more
- 2:42:28stronger
- 2:42:30that's why i put his name in the
- 2:42:32recording i told you that
- 2:42:35so when they gave me that death penalty
- 2:42:36he'd know
- 2:42:38he knows okay so
- 2:42:41my point is is you've you've been doing
- 2:42:43a lot to protect them that's
- 2:42:44that's a yes well i'm wearing it right
- 2:42:47now okay i'm wearing it
- 2:42:49and you have testified under oath on
- 2:42:54direct examination
- 2:42:56that you did not ask any questions of
- 2:42:59your brother
- 2:43:01about what happened to that girl
- 2:43:02absolutely absolutely not
- 2:43:04in future conversations i never breached
- 2:43:06the subject never ever
- 2:43:08said a word it was agreed upon when he
- 2:43:10arrived in the garage that that subject
- 2:43:12would never be brought up
- 2:43:13and he's and it hasn't it was never
- 2:43:17i got you your brother shows up and he's
- 2:43:19got a dead body in his truck
- 2:43:22correct yes sir that's all you know
- 2:43:24that's all i know it's a white car with
- 2:43:26a georgia plate
- 2:43:27it didn't look like hers i initially
- 2:43:28thought it was i thought it was her car
- 2:43:30in the beginning but
- 2:43:31mr telus you just testified
- 2:43:35in court under oath that your brother
- 2:43:38committed
- 2:43:38murder no i did not because the body was
- 2:43:41in her in
- 2:43:42his trunk i never said my brother
- 2:43:44committed murder just like
- 2:43:46joni gunter's body was chopped up and
- 2:43:49dismembered in
- 2:43:50your backyard correct first i never said
- 2:43:53my brother committed murder i said
- 2:43:55joni gunner arrived at my residence in
- 2:43:57the trunk of my brother's car and she
- 2:43:58was deceased
- 2:43:59how she met her death i had no clue
- 2:44:02i never said he killed her to my
- 2:44:05knowledge maybe he didn't
- 2:44:06maybe something else happened i don't
- 2:44:08know who knows
- 2:44:10he did it because he brought her to your
- 2:44:11house i didn't it wasn't a conversation
- 2:44:14where i asked him where'd she come from
- 2:44:15how'd you do that what happened
- 2:44:17that's not the conversation that
- 2:44:18occurred mr broccoli tell us if your
- 2:44:20brother didn't do it you're saying he
- 2:44:21just found a woman on the street
- 2:44:23dead and brother to your house to
- 2:44:25dismember her you're asking me to make
- 2:44:26allegations and assumptions
- 2:44:29mr tillis the point being you believed
- 2:44:33your brother was responsible
- 2:44:34for joining gunter's death because he
- 2:44:37had her body
- 2:44:38correct he had her in the technological
- 2:44:40assumption
- 2:44:41that's a reasonable assumption that is
- 2:44:44why we're here today because
- 2:44:46you had joanie gunter's dismembered body
- 2:44:48in your backyard
- 2:44:50correct well i can't can't deny that
- 2:44:52it's not a logical inference to
- 2:44:54to arrive at that conclusion
- 2:44:57any other questions for the witness
- 2:45:00okay mr tell us you may resume your seat
- 2:45:02at the council table
- 2:45:04sir you may resume your seat at council
- 2:45:06table thank you sir
- 2:45:20mr fletcher
- 2:45:24members of the jury this will be a good
- 2:45:26time to take our
- 2:45:27evening recess remember during this
- 2:45:31break
- 2:45:32the overnight break as well as during
- 2:45:34all of our breaks
- 2:45:35do not discuss the case do not let
- 2:45:37anyone discuss it with you
- 2:45:38do not look up any media coverage of the
- 2:45:41case
- 2:45:42that's on the honor system so don't do
- 2:45:44that and don't visit any of the places
- 2:45:47described
- 2:45:48we will see you tomorrow morning
- 2:45:52at nine o'clock to resume the trial
- 2:45:57i'll see you tomorrow morning at nine
- 2:45:58o'clock then thank you
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