IN THE CIRCUIT COURT OF JEFFERSON DAVIS COUNTY, MISSISSIPPI STATE OF MISSISSIPPI CAUSE NO. K E

Transcription

1 IN THE CIRCUIT COURT OF JEFFERSON DAVIS COUNTY, MISSISSIPPI STATE OF MISSISSIPPI VERSUS CORY J. MAYE CAUSE NO. K E DEFENDANT TRANSCRIPT OF THE TESTIMONY AND PROCEEDINGS HAD AND DONE IN THE TRIAL OF THE ABOVE-STYLED AND NUMBERED CAUSE, BEFORE THE HONORABLE MICHAEL R. EUBANKS, CIRCUIT JUDGE, AND A JURY, ON TUESDAY, JANUARY 20, 2004, BEING A DAY IN VACATION OF THE CIRCUIT COURT OF JEFFERSON DAVIS COUNTY, MISSISSIPPI, SAID TRIAL BEING HELD IN MARION COUNTY, MISSISSIPPI APPEARANCES: Present and Representing the State: HONORABLE CLAIBORNE McDONALD, IV District Attorney HONORABLE DOUGLAS E. MILLER Assistant District Attorney Fifteenth Judicial District Present and Representing the Defendant: HONORABLE RHONDA C. COOPER Attorney at Law P. 0. Box Jackson, Mississippi HONORABLE ISAAC BYRD Attorney at Law P. 0. Box 19 Jackson, Mississippi CECILIA P. FILLINGANE, CSR #I043 Official Court Reporter

2 [Motion to Suppress] 2 IN THE CIRCUIT COURT.OF JEFFERSON DAVIS COUNTY, MISSISSIPPI I ' I STATE OF MISSISSIPPI VERSUS CAUSE NO. K E CORY J. MAYE DEFENDANT, TRANSCRIPT OF THE HEARING ON MOTION TO SUPPRESS IN THE ABOVE-STYLED AND NUMBERED CAUSE, BEF'ORE THE HONORABLE MICHAEL R. EUBANKS, CIRCUIT JUDGE, WITHOUT A JURY, ON TUESDAY, THE 13TH DAY OF MAY, 2003, BEING A DAY IN VACATION OF THE CIRCUIT COURT OF JEFFERSON DAVIS COUNTY, MISSISSIPPI, BEGINNING AT 2:15 P.M., SAID MOTION BEING HEARD IN PEARL RIVER COUNTY, MISSISSIPPI.... APPEARANCES: Present and Representing the State:.HONORABLE CLAIBORNE McDONALD, IV District Attorney HONORABLE DOUGLAS E. MILLER Assistant District Attorney Fifteenth Judicial District Present and Representing the Defendant: HONORABLE RHONDA C. COOPER Attorney at Law P. 0. Box Jackson, Mississippi CECILIA P. FILLINGANE, CSR #I043 Official Court Reporter

3 [Donald Kruger - Direct; Motion to Suppress] 5 1 THE COURT: Let the record show this is the motion of Cory Maye to suppress marijuana found in an apartment and to dismiss the indictment. And what is the other -- MS. COOPER: THE COURT: That's it, Your Honor. That's it? MS..COOPER: And to dismiss the indictment. THE COURT: All right. 1'11 ask the State, then, to call their first witness. MR. McDONALD: Donald Kruger. DONALD KRUGER, called as a witness by the State of Mississippi on Motion to Suppress, after having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. McDONALD: Q. Would you state your name, please. A. Donald Kruger. Q. And, Mr. Kruger, what's your occupation or profession? A. Attorney. Q. And on December 26, 2001, did you hold an official position with the City of Prentiss? A. I did.

4 [Donald Kruger - Direct; Motion to Suppress] 6 Q. Jefferson Davis County, Mississippi? A. I did. Q. And what was that position? A. City judge. Q. And on that date, did you have occasion to come in contact with an individual by the name of Ron Jones? A. Yes. Q. And can you tell us under what circumstances you met with him? A. He called my home I would say around 8 :30 p.m., something in that nature, and said that he had some search warrants he wanted issued. And asked if I was going to be there, and I told him that I was. Q. And did he come to your home? A. He did. Q. And when he came there, did he have the affidavits and search warrants with him? A. Yes, he did. MR. McDONALD: Judge, I've got two things we want marked for identification. THE COURT: All right. [AFFIDAVIT FOR SEARCH WARRANT WITH ACCOMPANYING PAPERS WAS MARKED EXHIBIT 1 FOR IDENTIFICATION, AND SEARCH WARRANT WITH ACCOMPANYING PAPERS WAS MARKED EXHIBIT 2 FOR IDENTIFICATION.]

5 [Donald Kruger - Direct; Motion to Suppress] 7 BY MR. McDONALD: Q. When he arrived there, at the time you -- did he present you with -- did he present you with -- well, first, let me ask you if you can identify what's been marked as Exhibit Number 1 for identification and Exhibit Number 2 for identifi.cation. If you'd look at all those, please. A. (Witness reviewed Exhibits 1 and 2.) These appear to be the two affidavits that were involved when he came. Q. Sir? A. I said they appear to be the originals of the search warrant and accompanying affidavits and materials when he came that night. My signature. His signature. Q. And were those underlying facts and circumstances that are contained in Exhibit 1 and Exhibit 2, were they presented to you at all with the affidavits for the search warrant? Q. And at that time, did he sign those sworn affidavits in your presence? A. Eventually, yes, sir. Q. All right. Did you talk to him about the search warrants and affidavits? A. I did. Q. All right. And what did that discussion consist of? A. There was two search warrants. And I was

6 [Donald Kruger - Direct; Motion to Suppress] 8.trying to determine where the physical location 0% the property was. And I asked him - - I thought I knew where it was, but I wasn't for sure about it. And he explained where they were. And after reading this, I concluded that it was over there on Mary Street, as it says. Q. And did he go over his underlying facts and circumstances for the warrants with you? Q. All right. Now, after hearing that, did you read the affidavits yourself? A. Read everything. Q. Did you read the underlying facts and circumstances? A. Absolutely. Q. All right. After reading the affidavit and the underlying facts and circumstances, did you make a decision with respect to whether or not to issue two search warrants? did he? A. I did. Q. And what was that decision? A. My decision to issue both of them. Q. Now, did you prepare the search warrants or A. He.prepared them. I asked him myself,!'did you prepare the search warrants y~urself?~' "Are they true and correct?" He said they were. "Swear to them. If I said, He signed them. Then I signed. Q. Then did you read the search warrant itself

7 [Donald Kruger - Direct; Motion to Suppress] 9 and sign it? A. Pardon me? Q. I said did you -- after you got the affidavit, did you, in fact, read the search warrant yourself? The warrant, the search warrant. and 2 A. Oh, yeah, I read it all and signed it. Q. And did you sign both search warrants? A. I did. Q. And on Exhibits Number 1 for identification signature? for identification, do they contain your A. They do. Q. And is that your original signature? Q. And did you do both -- did you sign both of those search warrants at the same time? A. One after the other, yes, sir. Q. ~ l right. l And did he present both those affidavits and underlying facts and circumstances to you at the same time? A. One at a time. Q. All right. Now, following that, did he leave with the search warrants? A. He did. Q. At some later time, did another officer bring you returns on those two search warrants? A. No. Oh, on these? Q. Yes, sir. A. That was the day that Ron Jones was buried.

8 [Donald Kruger - Direct; Motion to Suppress] 10 I Q. All right. A. Came to my house with them. Q. And would you look at the returns, look at Exhibit Number 1 and Exhibit Number 2. 2 ). A. All right. (Witness reviewed Exhibits 1 and Q. And is the return shown on there, and is your signature on there? A. They are. Q. And is that your signature? A. It is. Q. And were those returns made to you in person? A. Sir? Q. Were those returns made to you in person? A. Officer Graves came after the funeral, came by my house, which is just a block away from the funeral home, where I live. Q. Now, based on -- was it your understanding that there were two apartments in this building? A. I called it a duplex, I think at the time. One lived on one side and one lived on the other. Q. And based on your talking to Officer Jones and based on your reading the affidavits and underlying facts and circumstances, did you believe -- was it your opinion he had probable cause for the issuance of both those search warrants? A. It was. MR. McDONALD: All right. Judge, for the purpose of this motion, at this time we'd

9 [Donald Kruger - Direct; Motion to Suppress] 11 like to introduce into evidence, for the purpose of the motion, affidavit for search warrant, underlying facts and circumstances, and the search warrant itself marked 1 for identification. That search warrant is the search warrant for the part of the duplex I believe that Cory Maye was in that night. MS. COOPER: What number? THE COURT: Exhibit 1. MR. McDONALD: Exhibit 1 for identification. THE COURT: All right. No objection, let it be entered and marked. MS. COOPER: No objection, Your Honor. MR. McDONALD: And this would be the -- this would be the apartment where the killing took place. [EXHIBIT 1 PREVIOUSLY MARKED FOR IDENTIFICATION, WAS RECEIVED IN EVIDENCE ON MOTION TO SUPPRESS.] MR. McDONALD: We would also move the introduction of the search warrant for the residence of Jamie Smith and persons unknown, which would be the other apartment in the duplex. That's marked Exhibit Number 2 for identification, and that exhibit consists of the affidavit for search warrant, the underlying facts and circumstances, the actual search warrant, and the return.

10 [Donald Kruger - Direct; Motion to Suppress] ~ THE COURT: No objection, let it be entered and marked MS. COOPER: No objections, Your Honor. [EXHIBIT NUMBER 2, PREVIOUSLY MARKED FOR IDENTIFICATION, WAS RECEIVED IN EVIDENCE ON, MOTION TO SUPPRESS.] BY MR. McDONALD: Q. Judge Kruger, could you tell us what the date was that you spoke with Ron Jones? A. The day I spoke with him was the 26th of December, Q. And could you tell us what day the return on those search warrants were made? A. 29th of December. Q. 2001, also? A. Right. MR. McDONALD: Judge, I have another exhibit I'd like marked for identification. And it is an affidavit for search warrant and the search warrant and return that was purportedly obtained by Eric Johnson, an investigator with the Mississippi Highway Patrol, Bureau of Investigation. THE COURT: All right. [AFFIDAVIT FOR SEARCH WARRANT AND ACCOMPANYING PAPERS WAS MARKED EXHIBIT 3 FOR IDENTIFICATION.] BY MR. McDONALD: Q. Judge Kruger, I show you what's been marked

11 [Donald Kruger - Direct; Motion to Suppress] 13 as Exhibit 3 for identification and ask if you would examine each page of that. A. All right. (Witness reviewed Exhibit 3). Q. And can you identify those? A. Yes, I can. Q. All right. And was that affidavit for search warrant presented to you? A. It was. Q. And when was it presented to you? A. My best guess was about four oiclock in the morning. Q. On what date? A. 27th. Q. All right. Now, Judge, did Mr. Jones appear before you and execute that sworn search warrant? A. Mr. Jones? Q. Mr. Eric Jones? A. Johnson. Q. Johnson, I'm sorry. A. Eric Johnson did, yeah. Eric Johnson. Also present was Darrell Perkins. Q. Darrell Perkins? A. Right. Q. All right. And after they did that, did you review a search warrant that they requested you execute? - A. I did. Q. And did you execute that search warrant? A. Yes, I did.

12 [Donald Kruger - Direct; Motion to Suppress] 14 Q. And did you be.l.ieve., based on your discussions with them and the sworn affidavit that he had filed, that there was probable cause to issue that search warrant? A. I did. Q. And I believe that was the search warrant to search the apartment that Cory Maye had been found in because of the killing that had taken place in that apartment. Is that correct? A. At the time they brought the affidavit for search warrant to me, I did not know that this had taken place. page Q. All right. Is that how you learned of it? A. I learned of it when I was reading the first Q. Are those your signatures? Is that your signature, also? A. It is. Q. And did they execute the affidavit in your presence? A. I told them, I said, "Did you prepare it? Did you read it? Is it accurate? Swear to it." And he did. Q. And did you read over the affidavit and the search warrant? A. I did. Q. And did you execute the search warrant at that time? A. I did.

13 [Donald Kruger - Direct; Motion to Suppress] 15 Q. Later, was a return made on that search warrant? A. Yes, it was that same day. I think it was about nine o'clock in the morning, or so. Q. Is that return on there, in that exhibit? A. Yes. Q. Okay. And does it have a date there? A. 27th day of December. Q. What year? A Q. Now, with respect to all three of these -- A. I didn't put that 9 : 30 hours on there, but I guess -- I thought it was about nine o'clock. Q. All right. With respect to all three search warrants, when you signed all three search warrants, were you in the city of Prentiss? Q. Jeff Davis County, Mississippi? A. Yes, I was. Q. And that was the first place that you were municipal judge at that time? A. That's right. Q. Were you acting in your capacity as the municipal judge? A. Yes, I was. MR. McDONALD: All right. Judge, at this point, we'd offer that into evidence. THE COURT: No objections, it can be marked as Exhibit 3.

14 [Donald Kruger - Cross; Motion to Suppress] 16 MS. COOPER: No objections, Your Honor. [EXHIBIT 3, PREVIOUSLY MARKED FOR IDENTIFICATION, WAS RECEIVED IN EVIDENCE ON MOTION TO SUPPRESS.] BY MR. McDONALD: Q. Do you know about what time Officer Jones came to your house on the 26th? A. Not exact time. It was a little bit before nine, my best recollection. MR. McDONALD: Okay. That's all the questions we have of this witness at this time, Your Honor. THE COURT: All right. Ms. Cooper, would you like to ask some questions? MS. COOPER: Yes, Your Honor, please. THE COURT: You may.... CROSS-EXAMINATION BY MS. COOPER: Q. Mr. Kruger - - A. Yes, ma'am. Q. -- I'm Rhonda Cooper, and I represent Cory Maye in this matter. Can you hear me? A. I'm a little hard of hearing; if you could speak a little louder, I'd appreciate it. Q. Okay. Can you hear me now? A. Yes

15 [Donald Kr~ger - Cross; Motion to Suppress] 17 MS. COOPER: Your Honor, I'd like to have two items marked for identification, please. They are the search warrant for persons unknown, and the second is the search warrant for Jamie Smith and/or persons unknown, both bearing the purported signature of Donald Kruger. THE COURT: All right. [SEARCH WARRANTS WERE MARKED EXHIBITS 4 AND 5 FOR IDENTIFICATION.] BY MS. COOPER: Q. Mr. Kruger, I might have missed the time that you said Officer Jones came to your home or called your home? Can you answer both of those questions for me, please? A. All right. It was about, I'd say, about -- probably -- I'd say it was about 8 :30 p.m. or thereabout. Q. That he called? A. Right. Q. And what time did he come? A. About -- well, it wasn't quite nine o'clock. And the reason I know that is because it was Christmastime and our Christmas lights were on. And they automatically turn off at nine o'clock. Q. They automatically turn off at nine? A. Right. Q. Where was Officer Jones when he called you? A. Said he was down at the police department.

16 [Donald Kruger - Cross; Motion to Suppress] 18 Q. How far is that from your home? A. As the crow flies, about 300 yards. Q. Okay. And at the time that he came, which I I understand you to say was about nine o'clock? A. Right. He said he was working on these search warrants and he'd be on up right away. Q. Okay. Was he delayed for any reason or did he come straight from the station to your home? A. I couldn't answer that he was delayed. He told me when he called me that he was about ready to bring them up there. Q. Okay. Was this before or after he left the station to go take an inmate to the hospital? Do you know that? A. No, I don't know anything about an inmate. Q. Okay. Was there any conversation about that occurrence? A. The inmate? Q. Yes. An inmate that Officer Jones had to transport to the hospital. A. Not to my recollection. Q. How long did he stay at your home? A. Long enough for me to read both of the affidavits and related papers. Q. With all due respect, sir, time is of the essence here. A. Right. Q. So, if you could share with me the best that you can recall how long it was that Officer Jones

17 [Donald Kruger - Cross; Motion to Suppress] 19 stayed at your home presenting those documents to you. A. Maybe ten or 15 minutes. Q. To present both of these affidavits, the purported facts that underlie them, and to obtain your signature? A. I'm sorry.. To do what? Q. Strike that. Mr. Kruger, I'm going to hand to you what's been marked as identification in this matter Exhibits 4 and 5. And what are they? A. That's search warrants. Q. Okay. And just till me the night of each of those warrants the places that were occupied and controlled by whom. A. In one of them, it said -- in 5-D it says persons unknown. And in 4-D it says Jamie Smith and/or persons unknown. Q. Okay. Now, earlier these were presented to you for identification and then introduced. Can you tell me the difference in those search warrants that you just reviewed and these that I've handed you? A. These appear to be originals. Q. Uh-huh [affirmative]. A. And these appear -- both appear to be originals. And with regard to the search warrant itself -- Q. Yes, sir. A. -- one says apartment 1 and one says

18 [Donald Kruger - Cross; Motion to Suppress] 20 apartment 2. Is that what you're asking about? Q. On the originals. A. On the original, right. Q. Okay. And those that I've asked to be marked for identification, would you say that those are copies of those originals? Is there any difference? A. Yeah, that's all I see. I see apartment 1 -- a-p-t, it looks like pound sign 1, a-p-t pound sign 2 on this one. Q. And I was asking, Mr. Kruger, if those that I handed to you, is that the only difference that you see? A. Well -- Q. Well, before you answer that -- A. I mean, you know -- you want me to read it word for word? Q. No, I do not. A. Okay. Q. I'm assuming that you read them when they were presented to you. A. I did testify to that. Good enough. Q. Well, those that I presented to you that's been marked, would you say those are copies of the originals? A. They appear to be, yes, ma'am. Q. And the only difference being that your originals have apartment 1 and 2 on them, right? A. Yes, ma'am. Q. When were those numbers placed on there?

19 [Donald Kruger - Cross; Motion to Suppress] 21 A. I do not know that. Q. They were not designated as 1 and 2 when they were presented to you? A. We talked about right and left, I believe, or east and west, or some such language, and not apartment 1 and apartment 2. I asked him -- in trying to identify where he wanted to go, when I finally figured out where the place was, I asked him if that was the Tommie Speights' duplex over there, and he said he didn't know. I knew she owned a duplex somewhere over in there, but I -- it was there in town. Q. Okay. But my question to you, when those affidavits -- excuse me -- those search warrants were presented to you, they were not designated with apartment 1 and apartment 2, were they? A. No, they weren't. I've testified to that, I believe. Q. No, I don't recall that, but it is your testimony now? A. That apartment 1 and apartment 2 were not on the search warrant that I signed. Q. Okay, thank you. So how, Mr. Kruger, were you able to satisfy yourself that the place that these warrants, or this one warrant in particular was to be issued if Officer Jones did not know the place? A. oh, he did know the place. Q. Okay. A. I was trying to determine where the place

20 '[Donald Kruger - Cross; Motion to Suppress] 22 was. Q. And how did you say,yourself? How did you determine it? A. On Mary Street -- as I said before, I asked him, I said, "Is that the duplex that Tommie Speights owns?" And he said he didn't know. Q. Were there other duplexes on Mary Street? A. I don't think so. That's what I call a duplex. He mightlve called it apartment 1, apartmen.t 2. I don't remember -- Q. When did -- A. -- the precise language which he used. Q. I'm sorry. When did you first hear the name Cory Maye? A. When I read the third search warrant. The third one. Q. Presented to you by Eric Johnson? A. Right. Q. And Darrell Perkins? A. And Officer Perkins. Q. So, when Officer Jones came to you on the 26th of December, he did not indicate that it was Cory Maye, under suspicion for anything, did he? A. No. That's what he said, it was persons unknown. Q. Okay. A. On one of them, it said persons unknown. On the other one, it said Jamie Smith and/or persons unknown.

21 [Donald Kruger - Cross; Motion to Suppress] 23 Q. And I know this has been a while, Mr. Kruger, but the underlying facts and circumstances that were presented to you, did you have a discussion with ~ffice'r Jones about that? A. Yes, I talked with him about it. He said that he was reliable, a person, that the informant was, and that one or two arrests had been made because of this reliable, this so-called reliable informant. Q. Did he identify for you the informant? A. No. Q. Did he tell you when he had last spoken with the informant? A. No, not to my recollection. He may have mentioned it. Q. Did you all discuss the alleged amount of marijuana that was contained in this apartment? A. No. Q. What information, if any, did the officer share with you about Jamie Smith? A. He lived on one side of the apartment complex. Q. That was it? A. As far as ~amie Smith was concerned? Q. Yes, sir. A. And somebody else apparently lived on the other side. Q. Okay. Well, that other person, what information, if any, did the officer tell you about

22 [Donald Kruger - Cross; Motion to Suppress] 24 that person? A. Said unknown. Q. That he didn't know? A. That's what he said. When we got through talking about it, I did the same thing I did with these other people here. and he left. I said, "Did you prepare this?" llyes, sir, I did. l1 I said, "Is it accurate?" "Yes, i't is. I' 'IWell, swear to it. He signed it and swore to it. I signed it, Q. Prior to presenting these documents to you, when's the last time you'd executed a search warrant for Officer Jones? A. I don't know. You'd have to look at the records over there. I've had a number of search warrants that he's brought to my house at night. Q. And would he be alone or would there be other officers accompanying him? A. Sometimes he had people with him and sometimes he did not. Q. Okay. He also indicated in these facts and circumstances, Mr. Kruger, that he personally surveillanced the apartment. Did you all discuss his personal surveillance, when it took place, how long it lasted? A. He said that they had been by there, that's

23 [Donald Kruger - Cross; Motion to Suppress] 25 true. I didn't exactly -- no, I didn't go into detail about it. I might add that I talk about search warrants before court sometime.^ as far as people bringing things to me in the middle of the night and try to get me to sign them. I said, "This is what I expect and this is what I want. And if you don't have it right, don't bother calling me and coming over here." Q. What day of the week was December 26, 2001? A. 2001? Q. Yes. A. Well, I think they buried Bourne, -- not Bourne, excuse me -- Ron on Monday, if I'm not mistaken. Q. December- 26, 2001? A. December 26th was the day after Christmas. That's when the two warrants were presented to me. And then early the next morning was when the other one was. Q. I understand that, Mr. Kruger. I'm asking you what day of the week, if you can recall. A. No. Q. Had you worked that day? A. Did I work?,no. Q. You did not work that day? A. No. Q. Was it a weekday? A. Yeah. Q. Had you been home the entire evening?

24 [Donald Kruger - Cross; Motion to Suppress] 26 A. Oh, yeah. I had the entire family there for Christmas. Q. Okay. So in that it was Christmas, had you all eaten as a family? Had you all eaten a meal? A. Yeah, we'd eaten. The children all live in Jackson, and the grandchildren, except for'one of my children. And they had left that day, sometime during the daytime. Q. Were your family members still there? When Officer Jones came, was your family still there? A. My wife and I were there. Q. Was alcohol a part of your meal with your children? A. No. Q. You don't drink? A. On occasion, sure. Q. Okay. But you all did not have alcohol with that meal the day following Christmas? A. No. We had some wine with our meal on Christmas day. Q. What probable cause existed for you, Mr. Kruger, to execute these search warrants? A. What probable cause? Q. Yes. A. I think the underlying facts and circumstances and the knowledge that was conveyed to me by that sworn statement, plus the fact that I was told by the affiant that he had been successful in, I thought he told me two, but he said one there in the

25 [Donald Kruger - Cross; Motion to Suppress] 27 thing, one arrest before And I know that Ronald had been to my house a number of times before and had brought returns to me as a result of the search warrants before, which would be reflected by the public records at the city court. I don't know exactly how many times it was. Q. So based on what you just shared with me, Mr. Kruger, you thought that the hearsay information provided by Mr. Jones had veracity. Was truthful. A. Had what, now? Q. Based on what you just shared with me -- A. Yeah. P. -- it's your testimony that this information was truthful. The hearsay information provided by Officer Jones? A. Oh, yeah. It mightlve been hearsay information, but he swore to it, you know. If he hadn't sworn to it, I certainly wouldn't have signed anything. That's my policy. Every time we get a new cop I tell him the same thing: "Don't come to my house unless you got it right the first time." Q. Okay. But I guess my concern is that you would have executed the documents for a search warrant of the premises for persons unknown. Did you not need to know whd occupied that unity? A. He didn't. Q. He didn't what? A. Apparently, he didn't. He said he didn't know. He identified it, you know, the totality of

26 [Donald Kruger - Cross; Motion to Suppress] 28 the circumstances, you know, Illinois Gates case. MS. COOPER: Court's indulgence, please, Your Honor. THE COURT: Yes. THE WITNESS: 1983 case. [PAUSE IN THE PROCEEDINGS] BY MS. COOPER: Q. Mr. Kruger -- A. Uh-huh. Q. -- what proof, if any, did you have that this confidential informant was reliable? A. The testimony of the officer. Q. And that was? A. That he was reliable, that he'd had at least one arrest, as shown in the affidavit. Q. In these other instances where you were with the officer and he presented search warrants to you, was this the same CI that he had used? A. Don't have a clue. Record speaks for itself. Q. What record? A. When he comes to my house to get a search warrant. MS. COOPER: Your Honor, may I have these Exhibits 4 and 5 that were marked for identification marked as the next exhibits? THE COURT: All right, they may; no objection. [EXHIBITS 4 AND 5, PREVIOUSLY MARKED FOR IDENTIFICATION, WERE RECEIVED IN EVIDENCE ON

27 [Donald Kruger - Redirect; Motion to Suppress] 29 MOTION TO SUPPRESS.] MS. COOPER: I have nothing further, Your Honor. THE COURT: All right. Redirect?... REDIRECT EXAMINATION BY MR. McDONALD: Q. Judge Kruger, based on Officer Jones1 discussions with you that night, based on what Ron Jones told you, you were aware that it was a duplex building that you were issuing the search warrants for? A. Yes. I called it a duplex. He might have said apartment, I don't know. And then I finally figured out where it was. Q. And that there were two there and you were issuing a search warrant for each one of them. A. Well, we went over the first one. He signed it. Went over the next one. He signed it. Just like I testified to. have. MR. McDONALD: THE COURT: I believe that's all we All right. You may step down. May this witness be excused? MR. McDONALD: [WITNESS EXCUSED]... I believe so, Your Honor. THE COURT: Who will you call as your

28 [Stephen Jones - Direct; Motion to Suppress] 30 next witness? MR. McDONALD: Stephen Jones, Your Honor. STEPHEN JONES, called as a witness by the State of Mississippi on Motion to Suppress, after having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. McDONALD: Q. Would you state your name, please. A. Stephen Jones. Q. And, Mr. Jones, on December the 26th, 2001, where were you employed? A. Town of Prentiss. Q. Say again? A. Town of.prentiss. Q. Is that in Jefferson Davis County, Mississippi? Q. On that evening, did you have occasion to come in -- were you working that evening? A. No, sir, I was not that evening. I was called in. Q. You were what? A. I was called in to work later that night. Q. All right. And about what time did you come

29 [Stephen Jones - Direct; Motion to Suppress] 3 1 in? A. I came in about 9:30 p.m. Q. All right. And when you arrived, what was the purpose of you being called in? A. To conduct a search warrant. Q. Who requested that you come back to work? A. Officer Ron Jones. Q. All right. Now, when you got there, after you got there, did you have occasion to accompany Officer Jones on the service of some search warrants? Q. All right. And do you recall who accompanied ylall on the search warrant? A. Yes, we had officers from the Pearl River Basin Narcotics Task Force, Bassfield Police Department, Jeff Davis County Sheriff's Department, and Prentiss Police Department. Q. All right. And was there a constable there, also? Q. All right. Now -- MR. McDONALD: Judge, if I could have just a second. THE COURT: All right. [PAUSE IN THE PROCEEDINGS] BY MR. McDONALD: Q. Now, that warrant, was it conducted on a duplex at 1728 Mary Street in Prentiss, Mississippi? A. Yes, sir

30 [Stephen Jones - Direct; ~otion to Suppress] 32 BY MR. McDONALD: MR. McDONALD: like marked for identification. THE COURT: MR. McDONALD: Judge, I have a photo I'd All right. the house. The building. A photo of the front of [PHOTOGRAPH WAS MARKED EXHIBIT 6 FOR IDENTIFICATION.] Q. I'm going to show you a photograph marked as Exhibit Number 6 for identification and ask if you can identify that. A. Yes, sir, that's the little duplex that we went to that night. Q. All right. To serve the search warrant? A. Yes. Q. All right. Does this paragraph truly and accurately depict the condition of the front of that building at the time ylall arrived there? BY MR. McDONALD: MR. McDONALD: introduced into evidence. THE COURT: let it be introduced. Weld like this marked, All right. No objection, [PHOTOGRAPH, PREVIOUSLY MARKED EXHIBIT 6 FOR IDENTIFICATION WAS RECEIVED IN EVIDENCE ON MOTION TO SUPPRESS] Q. Did ylall plan or organize how you were going to serve the search warrant prior to the time you got

31 [Stephen Jones - Direct; Motion to Suppress] 33 there? Q. And what was the plan? A. Plan was that myself and Officer Ron Jones and Officer Darrell Cooley with the Bassfield Police Department were going to the apartment on the right. And we were going in that apartment. We had another crew going in the apartment on the left side. Q. Now, when you say "on the right," it's, as you face the building, the one on the right. A. Facing from the road, from the street. Q. Now, is that the apartment -- the one on the right, is that the apartment that Cory Maye was later found in? Q. All right. Do you know who made entry into the apartment on the left side of the duplex? A. It was Agents Darryl Graves and Mike Brown. Q. All right. Now, could you tell the judge what happened when you pulled up in front -- first, how did ylall get there? Were y'all in marked cars or unmarked cars? A. I was in my marked patrol car. Myself, Officer Ron Jones and Darrell Cooley all went -- we went in my patrol car. Q. All right. And were you in uniform? A. No, sir. I had on a police jacket and my vest. Q. You had a police jacket on?

32 [Stephen Jones - Direct; Motion to Suppress] 34 A. Yes. Q. And when you say "police jacket," could you describe it? A. It was a black jacket with on it. Q. With what? A. Police -- my police department patches on it. Q. You're going to have to speak up, now. A. Okay. Q. And how was Officer Jones dressed? A. He was in his uniform, black uniform. He had a police jacket on, department jacket on, and his uniform shirt. Q. How did you approach the house? A. We parked in front of the house, in front of the apartment on the -- facing the apartment on the right-hand side because that was the apartment we were supposed to go to. And myself, Officer Ron Jones and Darrell Cooley got out and we went to the front door. When we approached it, Officer Cooley was going to knock on the door and check to see if it was open. And he was going to open the door, and myself and Officer Ron was going to make entry as he hit the door. Q. What was actually done or said, if anything, at the time ylall arrived at the door? A. We announced "police department, search warrant," and Officer Cooley hit the door multiple times and couldn't open it. And every time that he hit the door, before he hit the door, he announced

33 [Stephen Jones - Direct; Motion to Suppress] 35 "police department, search warrant." Q. Were you able to gain entry through the front door? A. No, sir. Q. Did you notice any activity of any kind in that apartment on the right? A. As Officer Cooley was hitting the door trying to get it open, I noticed the blinds, when the blinds opened, there was a light on inside the apartment. Or either it came on. I noticed it when he hit the door. And we never could -- we hit it multiple times, could not get in that door. We told Officer Cooley to stay in front. Myself and Officer Ron Jones went to the back of the apartment, and we were going to try to get in the backdoor. Q. Could you hold up just a second. [PAUSE IN THE PROCEEDINGS] MR. McDONALD: Judge, I'd like this photograph marked for identification. THE COURT: Okay. [PHOTOGRAPH WAS MARKED EXHIBIT 7 FOR IDENTIFICATION.] BY MR. McDONALD: Q. Officer, I'm going to show you what's been marked as Exhibit Number 7 for identification and ask you to examine that, tell me if you can identify that? A. Yes, sir, that 's the apartments. Q. You've got to talk loud, now.

34 [Stephen Jones - Direct; Motion to Suppress] 36 A. That is the back of the apartments that we went to that night. Q. All right. And is that the back of the apartment you found Cory Maye in? Q. Backdoor? MR. McDONALD: We'd offer this into evidence for purpose of this motion. [EXHIBIT 7, PREVIOUSLY MARKED FOR IDENTIFICATION, WAS RECEIVED IN EVIDENCE ON MOTION TO SUPPRESS.] BY MR. McDONALD: Q. Now, I believe you were talking about you and Officer Jones left the front of the building. And where did you go? A. We went around the south end of the apartment to the backdoor. Q. All right. And is that the photograph that you've just seen in Exhibit Number 7? Q. All right. What, if anything, was done or said at the time you arrived there? A. We examined the backdoor, checked the door to see if it was unlocked. The door was locked. And Officer Ron Jones decided that it was too dangerous to kick, from his standpoint. We announced ''police department" again, multiple times, and we decided to go back around to see if we could gain entrance from

35 [Stephen Jones - Direct; Motion to Suppress] 37 a window or anywhere else in the apartment. And he had told -- Officer Ron had told another officer, ~ass'field police officer, if he could kick it, to kick it in, you know, where we could gain entry. As we started back around, he kicked the door in, announced that the door was open. We come running back around. Officer Ron Jones entered the apartment. I was following behind him. When I got to the doorway, I heard three shots.. And I took cover behind the doorway and was looking inside the apartment for whoever was in there. And Officer Ron Jones approached me, told me he had been shot. I grabbed him, we come back out of the apartment. Myself and Officer Terrence Cooley went back in. I searched the apartment while Officer Cooley approached M r. Maye. Q. All right. When ylall went -- let me ask you this question. Did anybody on the inside respond to the front door or the backdoor when y'all announced llpolice, search warrant"? A. No, sir. Q. At any time? A. No, sir. Q. Was the light coming on in the apartment the only activity you were able to notice in the apartment? Q. All right. Now, did you actually go into the

36 [Stephen Jones - Direct; Motion to Suppress] 38 apartment or was Officer Jones the only one that got through the door? A. When we went through the door, or he went in first, I was coming up behind him, coming up the steps. When I got to the doorway is when we gunshots. Q. He turned around and came back out? A. I stopped at the doorway, took cover to the side of the door, waited for Officer Jones to come back, see if he was hit. I didn't know if he was hit or where he was at. Q. All right. When you -- after he came back out, did you make entry into the house at any point after that? Q. All right. And when you made entry in the house, did you see Mr. Maye? A. Yes, sir, he was laying on the floor. Q. Is Mr. Maye here in the courtroom today? Q. Would you point to him, please. A. (Witness indicated the defendant). Q. And what's he wearing? A. Yellow suit. MR. McDONALD: I'd like the record to reflect he's identified the defendant, Cory Maye. THE COURT: All right. BY MR. McDONALD:

37 [Stephen Jones - Direct; Motion to Suppress] 39 Q. Did you have any trouble seeing him? A. No, sir. Q. All right. Did you see any firearms there? Q. And where was the firearm? A. It was laying in the floor. Q. Did you have any trouble seeing that firearm? A. No, sir. Q. Was he taken -- was he cuffed and taken into custody? A. Officer Cooley went to him. I went to the -- started looking through the apartment to see if anybody else was in the apartment. And when constable Earl Bullock come in, they went to Mr. Maye. I come out. I went back out. I never actually touched Mr. Maye. I come back out of the apartment to go check on Ron Jones. Q. All right. Now, at the time this was going on, was the other search warrant being served on the other apartment in the duplex there? Q. And they were done at the same time? Q. Now, did -- was there anything to prevent your patrol cars from being seen out a front window of the duplex apartment that Cory Maye was in? A. There was no obstacle to my knowledge. Q. Was there anything on the inside of the backdoor to obstruct Cory Maye's vision of Ron Jones

38 [Stephen Jones - Direct; Motion to Suppress] 40 when he entered through the doorway? A. No, sir. Q. And you, in fact, were able to see -- when you entered in, you were able to see Mr. Maye; is that correct? Q. And nobody responded at any time, either at the front or backdoor, when it was yelled "police, search warrant." A. No, sir. MR. McDONALD: Judge, if I could have just a second. THE COURT: Okay. [PAUSE IN THE PROCEEDINGS] BY MR. McDONALD: Q. Now, was that house located in the city of Prentiss, Jeff Davis county, Mississippi? Q. Did any police officer fire at Cory Maye after the shooting? A. Fire a weapon? Q. Did any police officer, either Officer Jones or any of the other police officers there, fire shots at Cory Maye during the shoot-out or after? A. No, sir, not to my knowledge. Q. Do you know who took Cory Maye to the sheriff's office? A. No, sir, I don't. I left -- after I exited the apartment, I went to officer Ron Jones as he fell

39 [Stephen Jones - Cross; Motion to Suppress] 41 in the apartment. I went and got my patrol car, pulled up to the end of the apartment. Myself and Darrell Cooley and Agent Darryl Graves picked him up, put him in my patrol car, and I left and went to the hospital with him. Q. All right. A. I did not return until later on that night. Q. Were you present when the officers were attempting to cuff Cory Maye? A. No, sir, they did not have the cuffs on him when I left out of the apartment. Q. Was he submitting to being cuffed? Was there a struggle? A. There was a struggle. Q. Did Ron himself announce that they were police and had a search warrant, at the backdoor? A. At the backdoor,!lpolice, search warrant1! was announced. I did not announce it. I don't know who announced that it was. Q. All right. Ron was standing in front of you? MR. McDONALD: All right. I believe that's all the questions we have for him, Judge. THE COURT: Okay.... CROSS-EXAMINATION BY MS. COOPER:

40 [Stephen Jones - Cross; Motion to Suppress] 42 Q. Mr. Jones, isn't it true that when you entered Mr. Maye1s -- MR. McDONALD: Excuse me. Judge, I'm sorry to interrupt. Did I introduce that last photo in evidence? THE REPORTER: Yes. MR. McDONALD: Okay. I'm sorry. BY MS. COOPER: Q. Mr. Jones, isn't it true that when you entered Mr. Maye1s unit, he was lying flat on the floor? A. Ma'am? Could you repeat -- Q. Isn't it true that when you entered Mr. Maye1s unit from the backdoor, that he was lying flat on the floor? A. Yes. Q. And wasn't he immediately handcuffed? A. He was not handcuffed. I did not witness him being handcuffed. Q. What were you doing then? A. I went to see if there was anybody else in the apartment. Q. You went on through the front of the apartment? A. I went on through searching the apartment for someone else. Q. So there were other officers there? A. Yes. Q. In the back bedroom.